New York State SmartTranscripts:

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

[Acting Speaker (Chair)]: The house will come to order. Good afternoon, colleagues and guests. 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 Friday, March 27. Miss Peoples Dirks.

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, I move to dispense with the further reading of the journal of Friday, March 27 and that the same stand approved.

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

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you. Good afternoon colleagues. It's great to see you all again. I have a quote I'd like to share with you guys today. This one is from Cornell West who is an American philosopher, political activist, and a social critic as well as a public intellectual. His words for us today. I take my fundamental cue from John Coltrane that says there must be a priority of integrity, honesty, decency, and a mastery of a craft. Again, these words from doctor Cornel West, by the way. Madam speaker colleagues have on their desk a main calendar. It has on it 12 new bills and a debate list. After any housekeeping and or introductions, we're gonna take up calendar resolutions on page three. We're then gonna take up the following bills on consent. Calendar number one sixty nine by mister Kim. Calendar three twenty one by miss Katumar. Calendar number three twenty six by mister Wilder. After that, we're going to consent new bills on the calendar beginning with calendar number three thirty. That one's on page four. There may there will be a need for further floor activity as we proceed, madam speaker. So that's a general outline of where we're going today. If you could begin by doing housekeeping and or any introductions.

[Acting Speaker (Chair)]: Thank you. We have a few pieces of housekeeping on a motion by mister Bardic. Page five, calendar number three thirty six, bill number A10160, the amendments are received and adopted. On a motion by Ms. Lunsford, page five, calendar number three thirty seven, bill number A10393, The amendments are received and adopted. We have a few introductions this afternoon. We will start with mister Ramos for the purpose of an introduction.

[Phil Ramos (Assembly Member)]: Madam speaker, I am honored today to have as our guest students and community leaders from the MDQ School located in Comac on Long Island. MDQ School stands as a distinguished educational institution serving families across Long Island. Since its founding in 2003, the academy has grown into one of Suffolk's leading Islamic schools. It provides a comprehensive education that nurtures both academic excellence and strong moral character. The institution integrates the New York State curriculum with instruction on Quranic studies, Arabic and Islamic values. MDQ Academy is known for fostering students well rounded students who are prepared to succeed intellectually while contributing meaningfully to their community. The MDQ Academy places strong emphasis on disciplined leadership and service ensuring that its students are equipped with both knowledge and integrity. As a cornerstone of Long Island's Muslim community, the MDQ Academy continues to play a vital role in shaping the future generations, promoting educational achievement, cultural understanding, and civic responsibility. Some of the leaders in our Muslim community are Ahmad Sheikh, community leader from Muslims of Long Island, and Halal Guide, Tayyab Zaman, Dean of Students Affairs at the MDQ Academy. Sarah Purves, Law Office of Sarah Purves. Kevin Shaquille from American Muslim Network. And we have also have Doctor. Hasib Mikhail Sarig and his wife Mona Sarig, who is also a community leader and represents Evolve Medical Clinic. Madam Speaker, I ask that you please give this group of students and leaders a warm welcome and extend them all the privileges of the house.

[Acting Speaker (Chair)]: On behalf of mister Ramos, the speaker, and all members, we welcome our friends from the MDQ Academy here to our assembly chamber and extend to you the privileges of the floor. We hope you enjoy our proceedings today. It's wonderful to see such a large group of our future leaders here in the assembly chamber. Thank you so very much for joining us all the way from Long Island. Wishing you continued academic success. Thank you for joining us today. Miss Lunsford for the purpose of an introduction.

[Jen Lunsford (Assembly Member)]: Thank you very much Madam Speaker. I rise today to introduce my two most important constituents, my husband Scott and my son McKay. Scott is the Executive Vice President of Operations of Saffron Federal Systems in Rochester. He is a PittsfordSutherland graduate. My son, McKay, also a Pittsford student, enjoys both soccer and football. They are joining me today as it is spring break and we figured we'd continue our son's pursuit of academic excellence by letting him see some of the work done here in the chamber. I ask you to please offer them the privileges of the floor. Thank you very much.

[Acting Speaker (Chair)]: On behalf of Ms. The speaker, and all members, we welcome you, Lundsford family, to our assembly chamber. Exciting to you the privileges of the floor. You could be anywhere else on spring break and here you are here in the assembly chamber. So we hope you enjoy the proceedings today. In the k, there's good snacks in the lounge. We hope you visit there as well. Thank you for traveling and joining us here today. Good to see you. Miss Feffer Amato for the purpose of an introduction.

[Stacey Pheffer Amato (Assembly Member)]: Thank you Madam Speaker. I rise today to introduce a brilliant medical professional. Doctor. Amit Verma is the chair of the Department of Oncology at Albert Einstein College of Medicine and the associate director of the Montefiore Einstein Cancer Center, where he has overseen the research of some extraordinary breakthroughs in cancer treatment. He is joined today by his lovely twin daughters who are seniors in high school, his mother, his mother and father-in-law. This is his family's first trip to Albany and I will tell you they took the tour. I met Doctor. Verma through his work in his early success in pre cancer screenings for first responders who responded to the nineeleven terrorist attack. In 2022, this state budget in this house allocated $1,000,000 in funding to test and screen 1,000 World Trade Center first responders. The result was striking. Of all those tested were found to have some form of genetic mutation that would likely lead to cancer. Those first responders were contacted and have received care to quash the cancer before it develops. Because of Doctor. Verma, his team and of course this body, we made an historic breakthrough and made this happen. Think about that. This research funded by New York State is working to cut cancer off in its tracks before it even develops. That is the result of our state budget, our tax dollars at work and it's something that we all should be proud of. Madam Speaker, on behalf of myself and Assemblywoman Amy Paulin, I ask you to extend the cordialities to the floor to Doctor. Verma and his beautiful family and welcome them to the People's House.

[Acting Speaker (Chair)]: On behalf of Ms. Feffirmato, Ms. Paulin, the Speaker and all members, It is a privilege and pleasure to see you again, Doctor. Verma, and welcoming your family to our people's house through the assembly chamber, extending to you the privileges of the floor. We hope you enjoy the proceedings today. Thank you so very much for all of the important work that you are doing in health care and for protecting and saving lives for those affected by nine eleven. So thank you so very much for joining us today. Resolutions page three. Clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number one one zero six, miss Heinemann. Legislative resolution memorializing governor Kathy Hochul to proclaim March 15 through the twenty first twenty twenty six as Surveyors Week in the state of New York in conjunction with the observance of National Surveyors Week.

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

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number one one zero seven, mister Ikis, legislative resolution memorializing governor Kathy Hochul to proclaim 03/30/2026 as doctor's day in the state of New York.

[Acting Speaker (Chair)]: Mister Ikis on the resolution.

[Unidentified Assembly Member (Doctor’s Day sponsor)]: Thank you, madam speaker. I rise today with the privilege of introducing this resolution to proclaim today, May 30, as Doctors' Day in the state of New York. The day this is the day of recognition and has a longstanding tradition throughout the state and throughout the country, being observed first in 1933 in Georgia. It was later created as a federal holiday in October 1990. And because of the endless contributions that doctors and physicians have provided, New York communities are safer and healthier. And we just had the introduction of a very fine doctor here. Doctors have always been there for New Yorkers, working tirelessly to improve the health and wellness of all our constituents and putting thousands of hours into ensuring other people receive the care that they need. They have pioneered the way forward, making incredible advancements within the scientific community, allowing humans to live longer and healthier lives. Doctors forge long lasting connections and relationships with their patients and with their community. From the day that someone is born to the day that they pass away, doctors oversee their entire life and stand with them the entire way. Doctors are highly involved with their communities all across the state, inspiring others to dedicate their livelihoods to serving others. This resolution is a small token of appreciation for the work being done by doctors throughout the state of New York. With that, Madam Speaker and colleagues, I ask that you join me in support of this resolution to proclaim doctor's day in the state of New York, further celebrating and recognizing some of the most and brightest constituents that we all have. Thank you very much.

[Acting Speaker (Chair)]: Thank you. Mister Saj, on the resolution.

[Jeffrey Dinowitz (Assembly Member)]: Thank

[Nader Sayegh (Assembly Member)]: you very much. I rise also to thank the sponsor. Doctors play a crucial role in our well-being, our health. For me, my attachment, especially to the medical profession, involves from an early time being affiliated as six brothers and five in the medical field, really shows you the understanding of what individuals that go through pre med studies and medical school and residencies, and the amount of time that they put to enter the medical profession really is worthy. And having five daughters, two in the medical profession, I can really attest to the role they play in keeping us healthy. We look fifty years ago, when you were 70 years old, you felt like you were 80 years old. Today 70 is the new fifty, and a lot of that is because of the quality medical care we have, and receive day in and day out. So we congratulate all the medical doctors and hope that we continue to recognize the role they play in keeping us safe and healthy.

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

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number eleven oh nine, Ms. Rajkumar. Legislative resolution memorializing governor Kathy Hochul to proclaim April 2026 as Punjabi Awareness Month in the state of New York.

[Acting Speaker (Chair)]: On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted. Page 29, calendar 169, clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 6639 a, calendar 169, mister Kim, an act to amend the Parks, Recreation, and Historic Preservation Law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect immediately.

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

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one thirty five. Nays, zero.

[Acting Speaker (Chair)]: The bill is passed. Page 41, calendar number three twenty one, clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number eight zero four seven b, calendar three twenty one, miss Rajkumar, an act to amend the Court of Claims Act.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect on the ninetieth day.

[Acting Speaker (Chair)]: Clerk will record the vote. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one thirty seven. Nose, zero. The bill is passed.

[Acting Speaker (Chair)]: Page 42, calendar number three twenty six, clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 10080 b, calendar three twenty six, mister Weider, an act to amend the public officer's law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect immediately.

[Acting Speaker (Chair)]: The clerk will record the vote. Miss Walsh to explain her vote.

[Mary Beth Walsh (Assembly Member)]: Thank you, madam speaker, and good afternoon, everybody. I will support this bill. It does expand the residency requirement for corrections officers in the counties of Orange and Rockland. And I think the bill really speaks a lot of ways to the desperation that we have right now in trying to recruit and retain corrections officers. I just hope that this body, as we move forward through budget season and through the end of session, takes a hard look at the other things, all of the other things that make being a corrections officer so very unattractive today to many people who might otherwise want to serve in that capacity. This is good as far as it goes. I think that it's important that we that we do this bill, but I think that there are a lot of bigger issues too that I hope we'll have the courage to take up. Thank you. I'll be in the affirmative.

[Acting Speaker (Chair)]: Thank you. Miss Walsh in the affirmative. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, 138. Nays, zero.

[Acting Speaker (Chair)]: The bill is passed. On consent, page four, calendar number three thirty. Clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number four sixty three b, calendar three thirty, miss Pollan, an act to amend the public officer's law and the executive law.

[Acting Speaker (Chair)]: This bill is laid aside.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 4384B, calendar three thirty one, Ms. Pollan, an act to amend the education law.

[Acting Speaker (Chair)]: Read the last section. This act

[Reading Clerk (Assembly Clerk’s desk)]: shall take effect July 1.

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

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one thirty eight. Nose, zero.

[Acting Speaker (Chair)]: The bill is passed.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 4821 a, calendar three thirty two, miss Kaye, enact in relation to directing the New York State Bridge Authority to provide a report.

[Acting Speaker (Chair)]: Bill is laid aside.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 5819, calendar three thirty three, Mr. Delon, enact to amend the correction law.

[Acting Speaker (Chair)]: On a motion by mister Delon, the senate bill is before the house. The senate bill is advanced. This bill is laid aside.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number ninety two zero nine a, calendar three thirty four, mister Conrad. An act to amend the vehicle and traffic law.

[Acting Speaker (Chair)]: This bill is laid aside.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 90 333, calendar three thirty five, mister Hevesy, an act to amend the public health law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect on the one hundred and twentieth day.

[Acting Speaker (Chair)]: The clerk will record the vote. Miss Forrest to explain her vote.

[Phara Souffrant Forrest (Assembly Member)]: Thank you, madam speaker, for allowing me to, explain my vote. I vote no today because due to concerns around the rollout of body scanners in juvenile detention facilities operated by the Office of Children and Family Services. We know that the implementation of body scanners in docs facilities has been detrimental to the well-being of incarcerated people and their loved ones. New York State prisons have repeatedly turned away visitors and suspended their visitation rights when scanners detected tampons, surgical scars, body piercing or natural lumps in their body scans, even after they've traveled hours to see their loved ones. We know that contact visits are crucial for the well-being of the incarcerated and their loved one, especially for young people. While I'm heartened to hear that the sponsors working with the OCFS co commissioner on developing regulations, I am concerned about authorizing the use of body scanners in OCFS run juvenile detention facilities without legislating regulations around implementation. By doing so, we run the risk of the same issues arising in OCFS facilities that we see in docs. Seeing scans misinterpreted and visits denied to the families of incarcerated youth. I look forward to the future collaborations with the sponsors and sponsors to ensure that the body scanners at juvenile facilities serve their intended purposes and don't replicate existing inequalities in our in our correctional system. Thank you, madam speaker.

[Acting Speaker (Chair)]: Thank you, miss Forrest in the negative. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one thirty six. Nos, six.

[Acting Speaker (Chair)]: The bill is passed.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number one zero one six zero, calendar three thirty six was previously amended on third reading. Assembly number 1393, calendar three 37 was previously amended on third reading. Assembly number 10424, calendar three 38, Mr. Braunstein, an act to amend the public service law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect on the one hundred and twentieth day.

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

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one forty one. Nays, zero.

[Acting Speaker (Chair)]: The bill is passed.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 10540, calendar three thirty nine, mister Cashman, an act to amend the executive law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect immediately.

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

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one forty one. Nays, zero.

[Acting Speaker (Chair)]: The bill is passed.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number one zero five four one, calendar three forty, mister Powers. An act to amend the education law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect immediately.

[Acting Speaker (Chair)]: Clerk will record the vote. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one forty one. Nose, zero. Bill is passed. Assembly number 10542, calendar three forty one, miss Pollan, an act to amend the public health law.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect immediately.

[Acting Speaker (Chair)]: The clerk will record the vote. Miss Walsh to explain her vote.

[Mary Beth Walsh (Assembly Member)]: Thank you, madam speaker. So in our chamber and the assembly, we've done a lot of work in recent years to try to address the issue of these sexual offenses or we've to them before as rape kits, how long that evidence must be kept. And this bill, I will support this bill because extends the length of time that these sexual offense evidence must be kept in a locked, separate and secure area. I think that that's important. I kind of did a little bit of a deep dive when I was getting ready for session today looking at this bill because I remember that there had been a lot of concern expressed in recent years about how we're tracking these kits, how frequently they're getting picked up from say the hospital, and what we're doing as far as the backlog, and I just really wanted to let you know that I was very happy to see that the backlog is starting to go down. It's not as bad as it had been. So while thousands of kits were previously untested, initiatives including those by the Manhattan District Attorney's Office have significantly reduced the number of untested kits in the state. So I thought that that was good news. I think that what we've done here has made a difference, and I think that this bill will also make a difference going forward, and I'm very happy to support it. Thank you.

[Acting Speaker (Chair)]: Thank you. Miss Walsh and the affirmative. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one forty. Nose, zero.

[Acting Speaker (Chair)]: The bill is passed. Miss Peoples' strokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, if we could now bring our attention to calendar number one zero four. It's on page 22 by miss Luntfert, followed by calendar number 106. That one's on page 22 as well by mister Dinowitz in that particular order, madam speaker. Thank you.

[Acting Speaker (Chair)]: Thank you. Page 22, calendar number 104. Clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 3126B, calendar 104, Ms. Lunsford, an act to amend the executive law.

[Acting Speaker (Chair)]: An explanation has been requested. Ms. Lunsford.

[Jen Lunsford (Assembly Member)]: Thank you, Madam Speaker. This bill requires that when a local building code or a state reg is found to be violated by a landlord, that a individual tenant who may have reported such a violation is then notified that the violation was found valid.

[Acting Speaker (Chair)]: Mister Molotar.

[Unidentified Assembly Member ('Mr. Molotar')]: Oh. Thank you, madam speaker. Will the sponsor yield?

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

[Jen Lunsford (Assembly Member)]: I will.

[Acting Speaker (Chair)]: The sponsor yields.

[Unidentified Assembly Member ('Mr. Molotar')]: Thank you. So this bill will require the Department of State to promulgate regulations, is that correct?

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

[Unidentified Assembly Member ('Mr. Molotar')]: Okay. And those regulations will be for what exactly?

[Jen Lunsford (Assembly Member)]: Just to provide a mechanism for whichever body has found the building code violation valid to provide notification via registered or certified mail to the complainant.

[Unidentified Assembly Member ('Mr. Molotar')]: Okay. So, I kind of just want to go through this piece mail with you so Does I can better understand this bill apply just to those landlord tenant situations or would it apply to all buildings and all code violations?

[Jen Lunsford (Assembly Member)]: Exclusively individuals. So an individual tenant that makes a complaint about their landlord. It's not a business, not a full building, just individuals.

[Unidentified Assembly Member ('Mr. Molotar')]: Okay. And what specific violations would this apply to?

[Jen Lunsford (Assembly Member)]: Any violation of the building code that the local enforcement authority would have the authority or the ability to find a violation thereof.

[Unidentified Assembly Member ('Mr. Molotar')]: And how would these regulations be promulgated?

[Jen Lunsford (Assembly Member)]: Presumably through some written format, I imagine.

[Unidentified Assembly Member ('Mr. Molotar')]: And I'm assuming it would go through the regular hearing process, is that correct? Presumably. Okay. And there would be input from stakeholders?

[Crystal D. Peoples-Stokes (Majority Leader)]: I would hope so.

[Jeffrey Dinowitz (Assembly Member)]: Okay.

[Unidentified Assembly Member ('Mr. Molotar')]: Where do you anticipate, well let first ask, how common is this issue currently?

[Jen Lunsford (Assembly Member)]: It's not super common such that I think it would create an administrative burden, but it happens often enough. This, you know, came from an issue that we were having in our district with a particularly challenging housing situation where this particular landlord was being found in violation of a number of issues. The tenants were complaining and then they were never finding out if a violation was confirmed, if anything was done about it, if they had the ability to then hold their landlord accountable for it. So I said, hey, know what? Couldn't hurt to require some notification to the complainant that their concern was valid. But, it is not something that people are beating down our doors about.

[Unidentified Assembly Member ('Mr. Molotar')]: Will this require notification even in those instances where the complainant wishes to remain anonymous?

[Jen Lunsford (Assembly Member)]: No, I don't believe you can remain anonymous in this scenario. If you're issuing a complaint to a government agency about your landlord, I believe you do have to what? Yeah. You have to provide your name and your address.

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

[Unidentified Assembly Member ('Mr. Molotar')]: These regulations though, even though they'll be promulgated by the Department of State, the way this bill is written, the Department of State would have to require local code enforcement officers to provide it either in person or a copy of the order in person or by certified mail. There's really no other option there.

[Jen Lunsford (Assembly Member)]: Certified or registered mail?

[Unidentified Assembly Member ('Mr. Molotar')]: Certified or registered, There's thank no other there's really no other way they can provide the notice of the order, is that correct?

[Jen Lunsford (Assembly Member)]: According to this, yes. I believe in New York City there is a database, there is a mechanism to do so electronically, but that is by city authority.

[Unidentified Assembly Member ('Mr. Molotar')]: Okay. Are you you concerned that maybe this might become overwhelming for code enforcement officers who are servicing you know multiple municipalities or are already overwhelmed with a number of complaints that they have to take in and resolve and get orders for?

[Jen Lunsford (Assembly Member)]: I don't, but I would hope that if they found it overwhelming, the underlying cause of that being what sounds like a particularly challenging landlord would be underlying problem there without the requirement that they notify people of building violations?

[Unidentified Assembly Member ('Mr. Molotar')]: Well maybe I guess the point I'm trying to make is you know they might have a few complaints with one landlord in one particular area, but because they handle a wide array of issues in multiple municipalities and jurisdictions that having to provide this notice requirement to the complainant or complainants could become overwhelming.

[Jen Lunsford (Assembly Member)]: They already have to notify the landlord. This is just sending a copy to someone else. I don't think that that would be unduly burdensome.

[Unidentified Assembly Member ('Mr. Molotar')]: Okay. Who would who would bear the expense? Let's

[Acting Speaker (Chair)]: say

[Unidentified Assembly Member ('Mr. Molotar')]: they had to send it certified or registered mail. Who would bear that expense?

[Jen Lunsford (Assembly Member)]: The sending party, the same way they bear the expense of notifying the landlord.

[Unidentified Assembly Member ('Mr. Molotar')]: Okay. I don't think I have any further questions. Thank you.

[Reading Clerk (Assembly Clerk’s desk)]: On Thank

[Unidentified Assembly Member ('Mr. Molotar')]: the bill?

[Acting Speaker (Chair)]: On the bill.

[Unidentified Assembly Member ('Mr. Molotar')]: So, you know, in New York State, we already have so many regulations. You know, we're one of the most over regulated states. I think this adds this bill, while well intentioned, adds a layer of regulation that really isn't necessary. I think a lot of municipalities could resolve this issue locally by just creating a portal on their website to show, to basically upload the orders for any code violations so that the general public knows what's happening. I think to go through the whole regulatory process and put this burden on the Department of State and then this burden on code enforcement officers and really only have two ways of doing it in person or by registered mail creates an unnecessary level of expense in regulation. So I would encourage all my colleagues to vote no on this bill. Thank you.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect on the one hundred and eightieth day.

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

[Jarett Gandolfo (Assembly Member)]: Thank you, madam speaker. The Republican conference is generally opposed to this bill. However, any members who wish to vote in the affirmative can do so at their desks.

[Acting Speaker (Chair)]: Thank you, miss Peoples Stokes.

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

[Acting Speaker (Chair)]: The clerk will record the vote. Ms. Lunsford to explain her vote.

[Jen Lunsford (Assembly Member)]: Thank you very much, madam speaker. I just wanted to rise to note that this is a common sense accountability measure. This will allow tenants who find themselves on the receiving end of poor housing or landlords that are not responsive, it will give them an opportunity to leverage their local governments to enforce their safe housing rights and should it be necessary to also hold those landlords accountable in court. I am proud to stand in support of those in my community who were not afforded this opportunity to ensure that everyone is given the rights that they deserve. Thank you.

[Acting Speaker (Chair)]: Ms. Lundsford in the affirmative. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, 95. Nays, 45.

[Acting Speaker (Chair)]: The bill is passed. Miss Peoples Stokes, for the purpose of an introduction.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker, for allowing me to interrupt our proceedings for the purposes of this introduction on behalf of our colleague, miss Romero, to introduce four local athletes from Gilderland High School. These athletes, scholar and stellar athletes by the way, Addison Velocoupe, Lauren Bernash, Parker Steele, Fiona McCarthy. These young ladies are national champions in the sprint medley relay. They are joined by their parents as well as your coaches, and we would just ask that you would give them the cordialities of the house and offer them the availability to to be on the floor. Thank you.

[Acting Speaker (Chair)]: On behalf of Ms. Peoples Stokes, Ms. Romero, the speaker, and all members, we welcome you, our athletes, to the Peoples House and extend to you the privileges of the floor. It's great accomplishment for sure and wanna make sure we extend great congratulations to Addison, Lauren, Parker, and Fiona for all of your great and hard work. We wish you continued athletic and academic success. Keep doing the great, great work you're doing. Athletics equals leadership, and you are doing a great phenomenal job. Thank you so very much for being here today. Page 22, calendar number 106. Clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number thirty three eighteen, calendar one zero six, mister Dinowitz, an act to amend the general business law.

[Acting Speaker (Chair)]: An explanation has been requested. Mister Dinowitz.

[Jeffrey Dinowitz (Assembly Member)]: Sure. This bill would require a private arbitration organization involved in 50 or more consumer arbitration proceedings annually to make publicly available a searchable computed database containing information regarding each consumer arbitration it has administered or otherwise been involved in during the preceding five years?

[Acting Speaker (Chair)]: Miss Walsh?

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

[Acting Speaker (Chair)]: Will the sponsor yield? Yes. The sponsor yields.

[Mary Beth Walsh (Assembly Member)]: Thank you. In 2024, we took the one and only vote on this bill. Although the bill I know itself has been has dated back at least to 2009. But in 2024, since that time, has the bill changed at all? Or is it the same bill that different day, same bill. First of all, the bill

[Jeffrey Dinowitz (Assembly Member)]: has passed several times, but I would have to check. But it's possible the bill got even better than it originally was, but I'd have to check.

[Mary Beth Walsh (Assembly Member)]: Okay, well I just see that it's not in an A print, I just wanted to confirm that it didn't look like it had changed.

[Jeffrey Dinowitz (Assembly Member)]: Well it hasn't changed during this two year cycle, that's for certain.

[Mary Beth Walsh (Assembly Member)]: Okay, okay. Very good, so no I'm not saying it didn't pass beyond, you know, before 2024. I was just that's the vote that I'm most familiar with. That was the most recent one. Okay. So one of my questions has to do with that it said that commencing in 01/01/2027, that's when the provisions of this bill would kick in, right?

[Jeffrey Dinowitz (Assembly Member)]: Yes.

[Mary Beth Walsh (Assembly Member)]: Okay. So let's get in our time machine and we go to 01/01/2027. States in the bill that information concerning each consumer arbitration needs to be maintained for the preceding five years. I just want to clarify that on 01/01/2027, it's not like at on that day, they'd have to go back to 2022 and provide data from that point. It's prospective only. Is that correct?

[Jeffrey Dinowitz (Assembly Member)]: The bill, it's essentially take effect at the 2027, but if the arbitration organization is involved with 50 or more arbitrations in a given year, then they would have to provide the information that it's administered or been involved with during a proceeding five years. Take away five from 27, you get 22.

[Mary Beth Walsh (Assembly Member)]: Okay. So you so you do have to then okay. If you meet that threshold of 50 or more arbitrations in a year, I I had read the prior debate on the bill and so I'm glad I asked that question because I think that the answer might have been a little bit different the last time. So in 2020 01/01/2027, if you meet the requirements of having had enough arbitration, consumer arbitrations per year, etcetera, then you've got to disclose all those 10 things that you're asking for in the bill which we'll get to. You have to go back to 2022.

[Jeffrey Dinowitz (Assembly Member)]: That's my reading.

[Mary Beth Walsh (Assembly Member)]: Okay. Very good. No. That's good to know. Okay, what is the overall, I guess big picture reason for why you're you wanna do this bill?

[Jeffrey Dinowitz (Assembly Member)]: We want greater transparency and accountability. Okay. I mean we want information out there and it should be relatively easy for them to do that. Any organization that's involved with that many arbitrations is no small little nothing obviously and just getting this basic information together, I mean they already have it, they don't have to do any research just getting it out there, transparency.

[Mary Beth Walsh (Assembly Member)]: Okay. And who, I mean, so are you anticipating that a consumer would access this information to I mean, who's gonna who's gonna be looking at this? I guess is what I

[Jeffrey Dinowitz (Assembly Member)]: don't know. I'm not gonna be. Who looks at anything? Yeah, I know. But it's there in just in case. Right?

[Mary Beth Walsh (Assembly Member)]: Okay. I mean, is it like I see for example that the NIPERG loves this bill. You should be happy to know. They love it. I'm very happy

[Acting Speaker (Chair)]: to know.

[Mary Beth Walsh (Assembly Member)]: They love this bill and I mean is is would a good government group be looking at this data to try to figure out what arbitrators might be overly aligned with like a particular business, interest or something like that? I mean is that where you're going with it?

[Jeffrey Dinowitz (Assembly Member)]: Well I think that we want to have information available so an individual can have that access to the information when making certain decisions, but it's also good to have data. We love data. We have all kinds of data and this will be more data.

[Mary Beth Walsh (Assembly Member)]: It would be more data. So let's get into exactly what you're talking about here. The information would have to include, this is of course if you meet the threshold of the 50 or more consumer arbitrations per year, you would have to publish on a quarterly basis on its website in a searchable format or on paper and on paper upon request the following information including the type of dispute involved, whether the consumer was the prevailing party, how many occasions the non consumer party had previously been a party and it goes on. There's like 10 different things that you're asking for.

[Jeffrey Dinowitz (Assembly Member)]: Right and some of them include the name of the party, the state and the zip code, some pretty basic easy stuff. So it should be a snap for them to be able to do this.

[Mary Beth Walsh (Assembly Member)]: Okay. One of the questions I had was the part where it talks about whether the consumer was the prevailing party. How are we going to determine if the consumer prevailed? Like let's say the consumer had, I don't know, 10 things that they were looking for relief on and they prevailed on two of them. They partially prevailed. How do you is is that gonna count as prevailing party for the purposes of providing this data?

[Jeffrey Dinowitz (Assembly Member)]: Well, I guess the part where they prevailed would be indicated and the part where they did not prevail would also be indicated. Okay. Sometimes you do get a mixed result. Yes. Guess, and I don't have any data to back this up, I wish I did but we just don't require data at the moment. My guess would be that in most cases there is a clear cut decision one way or the other.

[Mary Beth Walsh (Assembly Member)]: Okay. I noticed that you are talking about the purpose of the bill being to increase transparency which is you know a public policy goal is trying to be accomplished through the bill. So why then carve out for union agreements and also consumer versus consumer matters. I mean if it's good policy and we're trying to collect data then why exclude and carve out those types?

[Jeffrey Dinowitz (Assembly Member)]: Well gee whiz in the past Mr. Goodell would complain when one of my bills didn't carve out union contracts. So of course I always take people's suggestions to heart, although I don't know if this bill would ever have changed. Because the union contracts are subject to collective bargaining. So it's a little bit of a different situation.

[Mary Beth Walsh (Assembly Member)]: Okay. And then how about the consumer versus consumer type of arbitrations? You're not as concerned about providing data on those?

[Jeffrey Dinowitz (Assembly Member)]: Well, no, but I think most of what we're talking about here in general is not consumer versus consumer. It's consumer versus you know a big guy, know a company, whatever.

[Mary Beth Walsh (Assembly Member)]: Okay. So that's

[Jeffrey Dinowitz (Assembly Member)]: what we're really concerned about.

[Mary Beth Walsh (Assembly Member)]: Okay. Yeah. And I noticed in the memo support that you provided, you gave some examples of a particular arbitrator, for example, and I'm paraphrasing, but a particular arbitrator that maybe had 80 of these and ruled in favor of the corporate interests saying every time. Well, is certainly a big concern. Hopefully things are always done in a very fair manner but if that were the case, that

[Jeffrey Dinowitz (Assembly Member)]: is certainly something that we would want to know that a particular organization or individual always rules in one direction.

[Mary Beth Walsh (Assembly Member)]: Okay. Now I wanted to get to the part about where the Attorney General's Office comes into play. So it talks about in cases of a violation of this act, the AG may make an application for an injunction to enjoin such violation. And then there's also a private right of action that the person, any person injured under the act could bring. So could you talk a little bit more about what exactly the attorney general is going to be potentially looking for an injunction as to? Does it only have to do with where there's financial interest that has not been disclosed or does it is it more broad than that? And though like, say that example that we were talking about where the arbitrator is ruling every time for in favor of the corporate interest.

[Jeffrey Dinowitz (Assembly Member)]: Well well this well, that's a huge concern, of course, but this particular bill really is dealing with the disclosure of information. So the attorney general would have certain discretion as indicated in the bill, And I I imagine it wouldn't happen all that often, but the attorney general can certainly take steps to enforce enforce this legislation. And and in certain cases, probably would be rare but but it would that would be one of the tools that the attorney general would have and that is to seek an injunction.

[Mary Beth Walsh (Assembly Member)]: But I guess what I'm trying to get at or ask about is what type of violation would the attorney general be seeking an injunction about? Like could you give an example of what the attorney general might be trying to enjoin here?

[Jeffrey Dinowitz (Assembly Member)]: An example would be a violation of this if it becomes law of this. So it's basically the nondisclosure.

[Mary Beth Walsh (Assembly Member)]: Oh, a non okay. Alright. That helps. So it would be the nondisclosure, failure to to disclose would be what the attorney general would be looking to enjoin. Because there's also a section in here that talks about financial interest and which we've I think haven't we already banned that if there's financial interest on the part of any party or its attorney?

[Jeffrey Dinowitz (Assembly Member)]: Well, we we recently passed in this house an excellent bill addressing the issue of of an arbitrator that has some kind of interest whether it's financial interest or a personal interest.

[Mary Beth Walsh (Assembly Member)]: Mhmm. Yeah. So I mean so I know we were talking at the beginning about the bill has been around for a while. So in the meantime, I mean you carry a lot of bills having to do with arbitration and I think that that very excellent bill that you just referred to might have been one of yours I'm guessing.

[Jeffrey Dinowitz (Assembly Member)]: In fact it was.

[Mary Beth Walsh (Assembly Member)]: In fact it was. Okay. Alright. Well, I appreciate your answer to the attorney the scope of what the attorney general will be looking for in clarifying that. Okay. I think you've basically addressed the questions that I had and I thank you for that. Madam Speaker, on the bill.

[Acting Speaker (Chair)]: On the bill.

[Mary Beth Walsh (Assembly Member)]: Okay. So as I mentioned earlier, the bill dates back quite a ways. It's been around for a while. The last time we voted on it in 2024, we had bipartisan opposition to the bill. It's it's supported by NIPERC as I indicated, but it's opposed by the New York Insurance Association. And I wanna just share a little bit about what Naya said about it. It talks primarily about the purpose, you know, why we have arbitrations to begin with. Not everything has to be a private lawsuit. We know that the court system, generally speaking, is pretty clogged up. So arbitration has been a way to, in a less expensive way, a more cost efficient way to resolve disputes. And I think that the series of bills that we've taken up in this chamber in recent years has been, well I don't know, I guess I would probably use the word vilify, but I mean it's definitely cast some real doubt upon the value of arbitration. And perhaps some of that is deserved, but we certainly have taken a position, I think, as as a as a body overall and some of the bills that have been passed in recent years really chipping away at arbitration. And this bill is another one that will do that. So this the sponsor indicated that this is really kinda no big deal for to comply with. But publishing on a quarterly basis, on a website, in a searchable format and on paper, 10 different things including some kind of things that you might consider to be a little bit vague like whether the consumer has been the prevailing party or not, yes, no, maybe. It just it it I mean sometimes data is good, but sometimes data is just a lot more data and I don't really know if we need this. I really don't know that we need this. Certainly the insurance association doesn't believe that we do and they believe that if it was such great policy, then why are we carving out certain kinds of arbitrations and only focusing on these? So I think that as I did the last time that it came up for a vote where I was in the negative, I'm going to continue to vote no on this. I don't think that we need it. I think that we already have an awful lot of safeguards through previous bills that we've passed in this body, really curtailing the impact of arbitration. I would say probably a little bit too much. And I think that arbitration does have a place and it is a cost effective, faster way to resolve disputes and I think that this is just one more nail in the coffin for arbitration, so I don't support it. I'll be voting no. I would encourage my colleagues to do the same. Thank you, madam speaker.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect on the one hundred and eightieth day.

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

[Mary Beth Walsh (Assembly Member)]: Thank you, madam speaker. As I previously stated, the minority conference will generally be in the negative on this piece of legislation but if anyone wishes to vote in the affirmative, they may do so now at their seats. Thank you.

[Acting Speaker (Chair)]: Thank you. Miss Peoplesjokes. Thank

[Crystal D. Peoples-Stokes (Majority Leader)]: you, madam speaker. The democratic conference is gonna be in favor of this opportunity to collect data that would be helpful to consumers.

[Acting Speaker (Chair)]: Thank you.

[Crystal D. Peoples-Stokes (Majority Leader)]: However, there may be some that wanna be an exception. They should feel free to do so at their seat.

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

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, 91. Nays, 49.

[Acting Speaker (Chair)]: The bill is passed. Miss Peoplestrokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: If we could please now bring our attention to calendar number February by miss Simon, followed by calendar three zero one by Ms. Glick.

[Acting Speaker (Chair)]: Page 37, calendar number two sixty five. Clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 2222A, calendar two sixty five, Ms. Simon, enact to amend the labor law.

[Acting Speaker (Chair)]: On a motion by Ms. Simon, the Senate bill is before the House. The Senate bill is advanced. An explanation has been requested. Ms. Simon.

[Jo Anne Simon (Assembly Member)]: Thank you, Madam Speaker. This bill would clarify the definition of wages to ensure that it includes all non discretionary compensation and clarify how employers should notify employees regarding any such discretionary compensation.

[Acting Speaker (Chair)]: Miss Walsh. Thank

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

[Acting Speaker (Chair)]: Will the sponsor yield? Yes. The sponsor yields.

[Mary Beth Walsh (Assembly Member)]: Thank you very much. So I I'm wondering if you could just explain a little bit more what problem or issue this bill is attempting to fix? Well,

[Jo Anne Simon (Assembly Member)]: the problem is the judiciary who created a loophole by not following plain language of earlier amendments to the labor law. And while an executive, the company might be exempt from liability if an executive is held in has for criminal liability, it doesn't apply to civil liability. So they've been reading the criminal liability section into the civil liability section which is in fact incorrect. So we're clarifying that. We're making it very clear. The other thing of course is that occasionally they will find that somebody's wages or a wage supplement or a bonus was somehow rather discretionary when in reality they rarely are these days. So if in fact it is something that is purely discretionary with the employer, they have to make that very, very clear in writing.

[Mary Beth Walsh (Assembly Member)]: Okay. So it's still okay, so I want to just understand a little bit better about the loophole because you were talking about civil and criminal and a line of cases and I just want to completely understand what you are talking about.

[Jo Anne Simon (Assembly Member)]: Okay, well for example, there are two cases, versus Davidson, Hutcher and Citrone and New versus Amelia USA that found that there was when it was an executive professional, employees were not able to recover severance. And one case that recently was upheld in the Appellate Division was actually reversed in the Appellate Division found that in fact that was not the case. That when the law said all compensation, they meant all compensation. And so they clarified that. And that case, if you would like the site, is Patel versus Maybank, Kim, Ang, Sec, USA, Inc, which is 2025 slip up 5194, first department 09/30/2020 Okay.

[Mary Beth Walsh (Assembly Member)]: Big picture then what this bill is trying to do is does it so what you said earlier though I wanted to just go back to, you said that it is still possible in cases where there's a component of compensation that is purely discretionary and they just have to make it more clear that it is discretionary and notify people. How does that work?

[Jo Anne Simon (Assembly Member)]: They have to notify the employee in advance that it is in fact purely discretionary. And so for example, if you look at Wall Street bonuses, Somebody is a portfolio manager, their portfolio does well but so does the market and the the efforts of the industry. And so that's not a purely discretionary bonus, for example.

[Mary Beth Walsh (Assembly Member)]: Okay. What would be an example of a purely discretionary bonus?

[Jo Anne Simon (Assembly Member)]: If somebody says, if you do x, I'll give you y, but you have to do this and you have to do and it's up to me. It's totally up to me as the employer. That's not common, but it does happen. The problem has been that the courts have read that into other elements of employment that are in fact not really discretionary.

[Mary Beth Walsh (Assembly Member)]: Because it seems to me that, as you kind of as you said it would be unusual because most of the time when you think about it, if you are say a sales professional and you meet your marks and you've met your sales, then you could receive a bonus that would be commensurate with how well you performed in your territory. It would

[Jo Anne Simon (Assembly Member)]: be very performance related. It's performance related, it's not discretionary. That is the issue. So it's not that it's not performance related.

[Mary Beth Walsh (Assembly Member)]: Okay.

[Jo Anne Simon (Assembly Member)]: It's that it's purely discretionary at the whim of the employer. So the problem is not so much that there are a lot of those categories that are purely discretionary. The problem is that the courts are reading into other situations that it's discretionary when it isn't.

[Mary Beth Walsh (Assembly Member)]: Okay. Alright. Thank you. I, I see that the National Employment Lawyers Association likes the bill. Supported it, as does AFL CIO. But the NFIB does not. Are you familiar with what their objections have been?

[Jo Anne Simon (Assembly Member)]: No, I haven't seen their objections. They haven't communicated them to me. The Employment Lawyers Association carries a good deal of weight besides the fact that I was a member. But the reality is they are the ones that are litigating these cases so they are very familiar with the way the courts are ruling throughout the state.

[Mary Beth Walsh (Assembly Member)]: Right. Back when I was doing employment law, I was a member of Good for you. Was. A million years ago, right? Let me just share a little bit because I'd love your reaction to this from what NFIB is saying. They're saying that the legislation is yet another offering to plaintiff's attorneys at the expense of employees and struggling small businesses. They're saying that it intentionally protects a vague definition of supplemental compensation beyond bonuses and matching retirement contributions. It imposes cumbersome burdens on small businesses to provide written notice of the full universe of potential compensation that is solely discretionary. It affords overly aggressive plaintiffs' attorneys a sweeping legal presumption that shifts the burden of proof to employers to prove a series of negatives and leaves small businesses at the mercy of creative attorneys? And that's a direct quote.

[Jo Anne Simon (Assembly Member)]: Well, would say that's a lot of creative writing. Not reality based, that's not what the bill does. But the reality is that if an employer doesn't in fact communicate very clearly, then under this bill, the court could have a presumption in favor of the plaintiff's allegation because the employer basically has no evidence to the contrary. So it's essentially very evidentiary.

[Mary Beth Walsh (Assembly Member)]: Yes, it looks that way because it looks like it needs to be in writing, the notice, and it needs to state the rate of payment, whether payment is paid by the hour shift day salary or commission. Is that the section I am looking at, the regular pay day, the employer's main office or principal place of business, like all that information?

[Jo Anne Simon (Assembly Member)]: Well, that's not all in this bill because that's already existing in the That's labor current law.

[Mary Beth Walsh (Assembly Member)]: Okay. So it has to be in writing, this specific notice?

[Jo Anne Simon (Assembly Member)]: Yes. If I'm an employer and I'm going to give a purely discretionary bonus to somebody because I happen to like them that year or I happen to do well that year, I have to make that clear in advance to the employee that they may get a bonus but if they do, it would be purely discretionary and make sure that that is very, very clear so that there is no misunderstanding. That's all the law requires.

[Mary Beth Walsh (Assembly Member)]: Okay. And if that's done, if that is done, I mean I'm trying to get into the idea of what NFIB is talking about with creative lawyering and stuff. Is it the idea that an attorney, let's just play devil's advocate for a minute and look at it from NFIB's point of view, are they saying do you think that if there is some type of a suit that's brought that they could, the attorneys could take a look at that written letter and attack it or say that it wasn't I mean where are they going

[Jeffrey Dinowitz (Assembly Member)]: with this?

[Jo Anne Simon (Assembly Member)]: You know, I wish I knew where they were going. I think basically they have this belief that somehow or other employment lawyers are out to pull a fast one, right? And the reality is most small businesses, many small, most small businesses are not giving bonuses and supplements but some let's say somebody has a a severance agreement and the courts have sometimes held the severance agreement. It wasn't really wages when in fact it was meant to be because it was I'm agreeing to give you six months of wages if I fire you. That's very clear and it's an agreement that I'm going to do that. That's not an exemption. So I don't understand their position entirely and I can't get in their heads but I do think that they are inaccurate.

[Mary Beth Walsh (Assembly Member)]: Very good. Thank you so much for answering my questions. Thank you very much, madam speaker.

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

[Reading Clerk (Assembly Clerk’s desk)]: This act shall take effect immediately.

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

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, one thirty two. Noes, eight. The bill is passed.

[Acting Speaker (Chair)]: Page 40, calendar number three zero one. Clerk will read.

[Reading Clerk (Assembly Clerk’s desk)]: Assembly number 10102, calendar three zero one, miss Glick. An act to amend the real property law.

[Acting Speaker (Chair)]: An explanation has been requested. Miss Glick.

[Deborah J. Glick (Assembly Member)]: Thank you. The bill would limit homeowners associations from adopting or enforcing rules or regulations that would effectively prohibit or impose unreasonable limitations on the installation or maintenance of low impact landscaping. What it would allow HOAs to do would be to deny permission to install low impact landscaping in areas that are common or that impede on neighboring properties. To deny the permission to install low impact landscaping, the homeowners association would be required to detail their justification and indicate specific concerns so that they could in fact be addressed by the homeowner. This is in keeping with previous law, sections of law that would limit unreasonable restrictions for the installation and use of solar systems and electric vehicle charging stations. And the purpose is to ensure that people could protect their property. Let's say fifteen years ago, you signed up to be in a homeowners association and now it's fifteen years later and you live in an area that has repeated flooding. And you're down the hill and you have no other means of protecting your home except perhaps having low impact landscaping that will absorb more water and thereby limit the damage to your property.

[Acting Speaker (Chair)]: Mister Gandolfo.

[Jarett Gandolfo (Assembly Member)]: Thank you, madam speaker. I'm just gonna go on the bill.

[Acting Speaker (Chair)]: We had

[Jarett Gandolfo (Assembly Member)]: this discussion last year and thank you. So, last year, I asked quite a number of questions about how this would work in terms of encroaching on or potentially encroaching on a neighbor's property with some potentially invasive kinds of plantings, potential pest concerns, whether they're field mice or raccoons or things of that nature. And I was pretty satisfied with the answers by the sponsor. Some of these things were thought out and how they could impact those living around you. But my main issue remains in that if we pass this bill, we're encroaching on a contract that was entered into voluntarily when someone purchased a a property that had a homeowners association. That's an agreement between property owners in a given community. And, that was actually the reason for the governor's veto of this bill last year. In her veto message, which I have in front of me here, she mentions that low impact landscaping does have its potential benefits. But this particular bill would unduly encroach on private agreements between property owners. Now, any given homeowner association, there are bylaws, there are people who are elected to serve on boards. And if a particular community wants to enact this type of legislation in their own HOA, there's methods to do that. They can lobby the existing HOA board, they can try to get onto the HOA board and make those changes there. So, rather than the state coming in to encroach on existing contracts, I would recommend that people, if they are interested in putting in low impact landscaping on their home, their HOA prevents them from doing so, I would recommend that they lobby their HOA board. So, for that reason, I will be voting in the negative, I encourage my colleagues to do the same. Thank you, madam speaker.

[Acting Speaker (Chair)]: Thank you. Ms. Glick?

[Deborah J. Glick (Assembly Member)]: Thank you very much. Not to belabor the point, but I would just point out that contracts are frequently revisited. And the notion that people may have, you know, ten, fifteen years ago agreed to something, it is a burden for those people to have to pack up and leave if they cannot get some accommodation from the HOA. And we are seeing significant changes in concerns. I would point out that on Long Island, a water commissioner, I will quote, sustainable gardens are not just beautiful to the eye, which of course beauty is in the eye of the beholder, but they protect our drinking water. We are trying to move away from these big green lawns that are sucking up too much water from our aquifer. So the world has changed. People may be signed onto something years ago and this is an these individuals should not have to bear the burden of either moving, which may not be economically feasible for them. But they should be able to protect their property which may be, as I say, in part of the HOA that sees repeated flooding. There may not be a sewer system and this is one way that people can, in fact, try to change the way in which their landscaping absorbs more of the rainwater. We've seen these terrible sudden outbursts of rain that damage people's property and requires repairs and this is one way that people could, with limitations. The HOA can limit the look, the height, it can encroach on common areas or their neighbor's area. But it is about making certain that people don't have to individually mount a campaign to get the board to change the regulations when in fact this is something that could in fact protect their homes. So I would urge people to rethink in view of the way in which the world is evolving their votes in the past against this. This is I think well in not just well intentioned but protects individuals' right to protect their property. Thank you.

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

[Reading Clerk (Assembly Clerk’s desk)]: This action will take effect on the sixtieth day.

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

[Mary Beth Walsh (Assembly Member)]: Thank you Madam Speaker. The minority conference will be in the negative on this piece of legislation but if anyone wishes to vote yes they may do so now at their seats. Thank you.

[Acting Speaker (Chair)]: Thank you. Ms. Peoples Doakes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, the democratic conference is gonna be in favor of this piece of legislation. However, there may be some that would desire to be an exception. They should feel free to do so.

[Acting Speaker (Chair)]: Thank you. The clerk will record the vote. Mister Sempolinsky to explain his vote.

[Unidentified Assembly Member ('Mr. Sempolinsky')]: Thank you, madam speaker. So last year, I did go up on this, not because I particularly care about low impact landscaping, I just think HOAs are stupid. I would never purchase one or purchase a home where I had those sort restrictions on my property rights. However, upon reflection, this year, I think there are legitimate concerns as was expressed by our side about existing contracts. There may even be constitutional concerns with the contracts clause. Of course, I'm always concerned about upholding the constitution. But so I will be going in the negative this year because of that, but I want everybody to know I still think HOAs are really stupid and I like being able to do what I wanna do with my own land. Thank you very much.

[Acting Speaker (Chair)]: Mister Sempolinsky in the negative. Mister Stack to explain his vote.

[Philip Steck (Assembly Member)]: Yes. I'm voting for the bill and I every year I have to do this which is to point out that the contracts clause has nothing to do with this issue. The contracts clause pertains to companies contracting with government and then the government saying, oh we don't like the contract, we're gonna change it by legislative action but regulation of contracts is commonplace and doesn't run afoul of that provision. Thank you.

[Acting Speaker (Chair)]: Mister Stack in the affirmative. Mister Gandolfo to explain his phone.

[Jarett Gandolfo (Assembly Member)]: Thank you, madam speaker. I just wanna point out to anyone listening that the existence of HOAs that might have restrictions on low impact landscaping is at the very bottom of the list of threats to our aquifer on Long Island, if if it's even on that list at all. There are a number of factors that threaten our aquifer from overuse, from leaching of harmful chemicals, which is a factor in low impact landscaping. But the existence of HOAs that are sucking up too much water, I don't think that registers. So I will continue to be in the negative on this bill, which again does impede on existing contracts. Thank you.

[Acting Speaker (Chair)]: Mister Gandolfo in the negative. Are there any other votes? Announce the results.

[Reading Clerk (Assembly Clerk’s desk)]: Ayes, 94. Nay, 46.

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

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

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

[Crystal D. Peoples-Stokes (Majority Leader)]: I now move that the assembly stand adjourned and that we reconvene at 10AM, Tuesday, March 31, Tomorrow being a session day.

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