Meetings
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[Speaker 0]: Madam speaker, can you please call the house to order?
[Acting Speaker Pamela J. Hunter]: The house will come to order. Good afternoon, colleagues and guests. Pastor Daniel Rivera will offer a prayer.
[Pastor Daniel (Dan) Rivera]: Heavenly father, we come before you with humility, gratitude, acknowledging that you are the source of all wisdom, justice, and mercy. You rule and reign with all power. You are the creator of every person and the one who calls us to love you with all our heart, soul, mind, and strength, and to love our neighbor as ourselves. Teach us and help us to be peacemakers, to pursue unity, and to overcome evil with good. We thank you for the privilege of gathering in this place, and for those who are entrusted with leadership in our state. We lift up every elected official, every adviser, every decision maker. Grant them wisdom that is pure, peaceable, and guided by truth. Give them clarity in moments of complexity, courage in moments of pressure, and integrity in every action. Bless this leadership and their families who also sacrifice alongside them. We also remember the many staff members, aides, and workers who serve faithfully behind the scenes, those who keep this institution moving each day. Lord, you always see the unseen people, workers, and lives around us. Strengthen them in their responsibilities, encourage them in their service, and remind them that their work carries dignity and great purpose. Oh lord of all, we ask that you would shape every policy and every decision with a heart for those in need, all the vulnerable, the overlooked, and the struggling. Help us never to lose sight of our shared humanity. Teach us to pursue justice, to love mercy, and to walk humbly with you. Lord, our prayer is centered on the good news of your love revealed. Your love changes everything and has given us grace, forgiveness, and reconciliation. As we've freely received, let us give to others in abundance. And may the spirit of grace, love, peace, mercy guide how we lead, how we serve, and how we treat one another. Unite us across our differences. Inform and transform our hearts as you help us to seek the common good for all. And may everything done here reflect a deeper commitment, loving all of those created in your image. Today, we entrust all things to you because in your hands, we have anchored peace and unshakable hope and a better tomorrow. For for from him and through him and to him are all things. To him be the glory and honor forever. Amen.
[Acting Speaker Pamela J. Hunter]: Amen. Visitors are invited to join members in the pledge of allegiance. A quorum being present, the clerk will read the journal of Monday, May 4. Mister Fall.
[Speaker 0]: Madam speaker, I move to dispense with the further reading of the journal of Monday, May 4 and that the same stand approved.
[Acting Speaker Pamela J. Hunter]: Without objection, so ordered.
[Speaker 0]: Madam speaker, in the spirit of Cenco de Mayo, we have a quote from Carlos Santana. And the quote says, the most valuable possession you can own is an open heart. The most powerful weapon you can be is an instrument of peace. And again these words are from Carlos Santana. Madam speaker members have on their desk a main calendar and a debate list. Before any housekeeping and or introductions, we will be calling for the following committees to meet off the floor today, codes and ways and means. We will begin our floor work by taking up resolutions on page three. We will then take up the following bills on consent. Calendar 01/1966 by Mr. Borres, calendar
[Assemblymember Michael Reilly]: 186
[Speaker 0]: by Mr. Kim, and calendar two zero five by Ms. Barrett. After that we will take up the following bills from the debate list. Calendar two ninety two by Mr. Wepprin. Calendar three twenty seven by Ms. Selaj. And calendar three thirty two by Ms. Kay. I will announce any further floor activities as we proceed. Majority members should be aware that there will be a need of a conference once we conclude our work on the floor today. And as always, we will consult with the minority on their conference needs. As a general outline, Madam Speaker, let us begin by calling for the codes committee to meet in the Speakers Conference Room.
[Acting Speaker Pamela J. Hunter]: Codes committee to the Speakers Conference Room. Codes committee members, please make your way quietly to the Speakers Conference Room. We do have a piece of housekeeping on a motion by miss Lucas, page 19. Calendar number one forty two. Bill number eight five five nine two. The amendments are received and adopted. We have several introductions we for us today, and we will start with mister Stern for the purpose of an introduction.
[Assemblymember Steve Stern]: Thank you, madam speaker, and greetings to all of my colleagues and all of our visitors today. It is such a personal privilege to welcome our clergy here to the New York State Assembly today. Pastor Dan Rivera is a fourth generation Puerto Rican raised in a Pentecostal Christ centered home in Elmont, New York where he developed a strong foundation of faith at an early age through the life of the church. After graduating high school, Pastor Dan became passionate about reaching and leading others. For over thirteen years, he has served as an advocate for the next generation, creating spaces where young people can thrive, succeed and grow in their faith. Pastor Dan and his wife, Damaris, have three children, Junior, Sarah, and Lucas. And as a family, they are committed to serving the church and their community with a shared mission to reach the least, the last and the lost through a life of love and service. In 2015, pastor Dan was led to serve at Huntington Assembly of God. And in 2018, the church affirmed his calling by electing Dan and Damaris as lead pastors. He has served the Huntington community and beyond for several years, including as a community ambassador in partnership with the police commissioner and as a board member of the Suffolk County Hispanic Advisory Committee to the county executive. Pastor Dan has been a tremendous advocate for beautiful Huntington Station and the people of the community and is committed to loving and serving well into the future. And today, I'm going to ask my colleagues to join me in supporting a resolution that will serve as the voice of 20,000,000 New Yorkers as we join the Assembly of God in Huntington celebrating its one hundredth anniversary. Pastor Dan is joined in the chamber today by his father, Jose Rivera, and his youngest son, Lucas Rivera, madam speaker. I ask that you please welcome pastor Dan and the Rivera family to the New York State Assembly and extend all of the cordialities of the house. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you. On behalf of miss Stern, the speaker, and all members, welcome pastor Rivera to our assembly chamber, extending to you the privileges of the floor. We had a wonderful conversation. It definitely is a pleasure to be able to have someone preach the word in such a positive way. So, we extend heartfelt welcome to you and dad and son. We see you out there as well. Thank you so very much for joining us today.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Thank you.
[Acting Speaker Pamela J. Hunter]: Miss Pollan, for the purpose of an introduction.
[Assemblymember (Unknown) – introducer of Carlos Beltrán ('Ms. Pollan')]: Thank you, miss speaker. Today, I have the great honor of announcing, well, for welcoming a true legend of the game of baseball to the New York State capital, Carlos Beltran. Later in session, we're going to be passing a privilege resolution which we will make sure that he gets. Mr. Beltran was born in Puerto Rico. His journey to greatness reflects not only incredible talent but a deep love of community. He has always carried his heritage with pride. Representing Puerto Rico multiple times in the World Baseball Classic and later serving as General Manager of the team. His commitment and how he has given back to Puerto Rico speaks volumes about his leadership and him as a person. And what a career he has had. A rookie of the year, a nine time all star multiple gold gloves, one of the rare players in baseball history to combine power, speed and defensive brilliance at an elite level. He's had more than 2,700 hits, over 400 home runs, and more than 300 stolen bases. Simply put, he's one of the most complete players the game has ever seen. And now, as he prepares for induction into the Hall of Fame, we celebrate not just numbers but his legacy. Because of those of us who are proud Met fans, Carlos Beltran is not just a Hall of Famer, he's our Hall of Famer. Us Met fans will never forget moments like his unforgettable sixteenth inning walk off home run against Philadelphia in 2006 and hearing Gary Cohn say, and we're going home. When we think of Carlos Beltran, we think of Shea Stadium, Citi Field and the pride of Queens. And tonight, we celebrate Queen's Day. It's especially fitting that one of Queens' greatest baseball icons is here with us. And now I'll admit something because honestly this matters in the chamber. Carlos, your impact on New York didn't end when you left Flushing. You also played for that other team. And you made our mark there too. As a die hard Mets fan, that's tough for me to acknowledge but I have to. Because greatness is greatness no matter what the uniform. Congratulations.
[Acting Speaker Pamela J. Hunter]: Of miss Pollan, the speaker, and all members, welcome mister Beltran to the Assembly Chamber, our people's house, and we extend to you the privileges of the floor. We congratulate you on your storied career and all that you have done for New York sports. Congratulations to you on being inducted into the National Baseball Hall of Fame. Thank you very much for joining us today. Mister Anderson, for the purpose of an introduction.
[Assemblymember Khaleel M. Anderson]: Thank you madam speaker. I'm hopeful I can follow in the footsteps of our amazing hall of famer baseball player to acknowledge and introduce and recognize on the floor of this house a group of young people from Queens who are here today as youth leaders who visited us from the 31st Assembly District this morning. We just missed them, they had to leave, but I promised them that I would introduce them on the floor and they can watch as they travel back down to New York City. This group of young people is a part of an organization called Teens for Food Justice. And they believe in using the STEM based learning that derives from developing indoor farms, hydroponic farms that helps to create the opportunity of vertical growing in our city. And so they do incredible work and their direct service work has benefited over 11,000 students and schools across multiple assembly districts including 23, Semi District 57, Semi District 65, sixty seven, eighty one, and of course my district, the 31st Assembly District where Teens for Food Justice has hydroponic farms and high schools and middle schools all across our city. And of course, our hope is that we raise up the next future farmers that will continue to feed New Yorkers. As we know, one in nine New Yorkers are food insecure and one in four New Yorkers struggle with putting food on the table. So they are doing great work and madam speaker, I ask that you in their absence still extend the cordialities of the floor of the people's house to the young students of Teens for Food Justice.
[Acting Speaker Pamela J. Hunter]: On behalf of Mr. Anderson, the speaker and all members to the Teens for Food Justice young people who've not made their way to the assembly chamber, We hope that you have an opportunity to enjoy our proceedings in the future, and thank you so very much for visiting with us today. The purpose of an introduction.
[Assemblymember (Unknown) – introducer of Carlos Beltrán ('Ms. Pollan')]: Yeah. Okay.
[Assemblymember Nikki Lucas]: Thank you, madam speaker. To my colleagues of the assembly, today I rise with deep pride and profound gratitude to recognize the second annual Panama Day in Albany and to honor the many individuals and organizations who have traveled here to celebrate this important occasion, as well as the resolutions and efforts we advance today recognizing Panamanian Etna Negro Panama Independence Day. As an elected official of Panamanian descent, this moment is deeply personal to me to have these groups here today. I serve in a seat once held by a trailblazer, Panamanian born assemblyman Edward Griffith, who represented this community from 1973 to 2000, rising to become deputy speaker and head of the Brooklyn delegation. Today, I am proud to carry forward his legacy in his very in his very chamber and to honor a community whose story reflects the same spirit of perseverance, pride and leadership. My own journey is rooted in that heritage. My father, a proud Panamanian, instilled in me the values of hard work, resilience, and cultural pride. His story and the stories of so many Panamanian families are the reason I stand here today as well as the groups as here today. I would like to just extend a heartfelt thank you to the more than 50 individuals and Panamanian organizations who traveled to witness this historic day, the support of the Council General, Roosevelt Thayer, and the Vice Council General of Panama to New York, Vilma de Bello Sierra. Your presence underscores the significance of this moment and the strength of the ties between our communities along with our organizations who joined us today, MOLAZ, the Sydney, Society of Chorillo, all bands, marching bands, Carlito's Wish, and anyone else that came today in support and traveled to to stand for Panama Day today. Please extend the cordialities of the house to the balcony as well as the floor. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you. On behalf of miss Lucas, the speaker and all members, we welcome our distinguished guests from Panama, our council general here today and vice council general. We extend to you the privileges of the floor and hope you enjoy our proceedings today. For those in the balcony and out front, it's a very special day to be able to acknowledge the second annual Panama Day being held here in the New York State Capitol. So welcome very much and thank you so very much for joining us here today. Mr. Simone, for the purpose of an introduction.
[Assemblymember Jo Anne Simon]: I am privileged and honored to introduce AJ Brown, Super Bowl champion, one of the premier wide receivers in National Football League and a key offensive leader for the Philadelphia Eagles whose journey reflects discipline, humility and relentless work ethic shaped by his upbringing in Starksville, Mississippi. Since entering the league in 2019, Brown has made an immediate impact earning Pro Bowl recognition and cementing his place among the most dynamic playmakers in the game. Since joining the Eagles in 2022, he has helped lead the team to a Super Bowl win and continues to perform at an elite level. AJ was seen reading Inner Excellence by Jim Murphy on the sidelines during a 2025 playoff game. The book which focuses on mental skills for high performance and finding peace in chaos became a number one Amazon bestseller after being spotted. He has since become an advocate for mental health, encouraging people to break the stigma and seek help when they are struggling. He's also created the AJ Brown Foundation which works to empower youth through literacy, education, and fostering resilience in Philadelphia and Mississippi. As he continues to build a career defined by both performance and purpose, I ask that we extend a warm welcome to AJ Brown for his leadership, authenticity, and commitment to making a lasting impact both on and off the field.
[Acting Speaker Pamela J. Hunter]: On behalf of mister Simone, the speaker, and all members, we welcome AJ Brown to our assembly chamber, our people's house, extending to you the privileges of the floor. We congratulate you on your successful football career. But maybe more importantly, thank you for the important work that you are doing relative to mental health. Seeing someone like you resonates with someone who might be younger, who may not know who to look towards for guidance. So thank you for stepping up and doing that. We appreciate you being here today. Thank you so very much for joining us. Mister Braunstein, for the purpose of an introduction.
[Assemblymember Michael Tannousis]: Thank
[Assemblymember Edward C. Braunstein]: you, madam speaker. It's my privilege to rise today, particularly on Queen's Day, to welcome Benjamin N. Cardozo High School men's basketball coach and Queen's native Ron Niclerio. In January, Ron achieved his record breaking nine hundred and seventy third career win making him the all time winningest basketball coach in New York State history. Prior to coaching, Ron was an all American baseball player at St. John's University and was later drafted into the Chicago White Sox organization. Known for his no nonsense leadership style and grit, Ron has coached Cardozo High School boys basketball team since 1981 earning multiple PSAL titles and guiding countless of young athletes including several NBA greats such as Dwayne Cawswell, Rafer Alston, and Royal Ivy. Ron has been inducted into both the New York State and New York City Basketball Hall of Fame. Madam Speaker, at the end of session today, we will be passing a resolution recognizing Ron's record breaking nine hundred and seventy third career win. I will say that drafting this resolution was a little bittersweet for me because he broke the record of my basketball, high school basketball coach, the legendary coach Jack Curran of Archbishop Malai High School. It took me a few weeks to get around to writing that resolution, I got to it. One interesting fact about Ron, he is the son of surgeon Doctor. Emile Niclerio who is credited with saving the life of Doctor. Martin Luther King after he was stabbed in the chest signing copies of his first book in New York City in 1958. The two became friends and stayed connected until Doctor. King's death ten years later. Ron still stays in contact with members of the King family to this day. So Madam Speaker, if you could welcome Coach Ron Niclerio to the chamber and offer him all the cordialities of the floor.
[Acting Speaker Pamela J. Hunter]: On behalf of Mr. Bronstein, the speaker and all members, welcome coach to the Assembly Chamber, our people's house, extending to you the privileges of the floor on being the winningest basketball coach. That is an amazing success. And congratulations, 973 career wins, that's many years and a lot of players that you've shaped their futures. We thank you so very much for being here and hope you enjoy our proceedings today. Thank you. Miss Gonzales Rojas for the purpose of an introduction.
[Assemblymember Jessica González-Rojas]: Thank you, madam speaker. In the chamber today, we have Martin Guzman who is a professor of economics at Columbia School of International and Public Affairs and the former minister of the economy of The Republic Of Argentina. As a daughter a granddaughter of an Argentinian woman, it's a privilege to have professor Guzman here. As the minister of economy, Martin negotiated Argentina's $65,000,000,000 debt restructuring with private creditors in 2020, the largest in history at the time. Alongside noble laureate Joseph Stiglitz, Martin is now co president of the initiative for policy dialogue at Columbia University's business school. He also serves as a member of the Pontifical Academy of Social Sciences in The Vatican and as a commissioner of the Independent Commission for the Reform of International Corporate Taxation. Martin is a leading global expert in the fields of sovereign debt and debt crisis resolution. And I'm so proud to lean on his expertise as we advocate to fix the champerty loophole bill. So, madam speaker, could you please extend the cordialities of the floor to professor Martin Guzman from Argentina?
[Acting Speaker Pamela J. Hunter]: On behalf of Ms. Gonzalez Rojas, the speaker and all members, welcome Mr. Guzman to the Assembly Chamber, extending to you the privileges of the floor. We thank you so very much for joining us here today. Thank you for all of the important work that you are doing and will continue to do at Columbia University. Thank you so very much for joining us today. Mister Weider, for the purpose of an introduction.
[Assemblymember (Unknown) – 'Mr. Weider']: Madam speaker, I rise today to welcome and recognize an exceptional group of professionals from my district. Dedicated doctors and scientists who whose work advances public health and scientific discovery. At Pfizer's facility in Pearl River, they continue a proud tradition of innovation that impacts not only New York but communities around the entire globe. Their work often behind the scenes helps develop life saving treatments, strengthens our response to public health challenges, and drives the future of modern medicine. Just as importantly, their efforts contribute to the economic vitality and intellectual strength of our region making our district a hub of excellence in science and research. At a time when science and medicine are more important than ever, it is fitting that we recognize those who devote their careers and lives to this critical work. Today, I ask this assembly to join me in honoring these remarkable individuals for their dedication, their expertise, and their commitment to improving lives. Madam speaker, I respectfully request that you extend to them the privileges and courtesies of this, the people's house. Thank you, madam speaker.
[Acting Speaker Pamela J. Hunter]: Thank you. On behalf of mister Reeder, the speaker, and all members, welcome doctors, scientists to our assembly chamber, extending to you the privileges of the floor. Thank you for the important work that you are doing every day relative to science and research, creating pathways for successful healthcare outcomes. We appreciate all of the work you do. Thank you so very much for joining us today. Mister Vannell, for the purpose of an introduction.
[Assemblymember Clyde Vanel]: Madam speaker and colleagues, today I rise because today we were recognizing New York, the New York space industry. We welcome a distinguished group of leaders in the New York aerospace and space innovation. For decades, New York State has played a vital role in in in the American space story. From the from the lunar module designed and built on Long Island to the Apollo Lunar mapping supported by Kodak in Rochester, to rocket systems and steering systems developed in Buffalo, New York, that we have made some of the our nation's most historic space missions. But that legacy continues. Today, through the work of through our organization institutions and advocates strengthening New York's role in the future of space, advancing manufacturing and aerospace innovation. Today, have with us from from Empire Space, we have Patrick Chase, Evan Lerner, and Quadri Bello. That is an organization that's the state's leading space organization which is working to grow and elevate New York in the space economy. We also have Brian Boutoula and Matt Straub. They're here representing Lockheed Martin, whose engineering efforts have helped put men and women in space on the Orion and the Artemis missions. And we have Christopher Ulrich from AI Solutions who helped develop software for the use on major missions to space. Would you please allow and and give the cordialities of the house to the these folks in the space industry.
[Acting Speaker Pamela J. Hunter]: Thank you. On behalf of mister Vannell, the speaker and all members, we welcome our guests from Lockheed Martin, in the Intrepid Museum and Peyer Space and AI Solutions. We extend to you the cordialities and privileges of the floor. We thank you for all of the work that you are doing in aerospace innovations. It seems like you live the mantra to infinity and beyond every single day. Thank you so very much for joining us. Resolutions. Page three. Clerk will read.
[Assembly Reading Clerk]: Assembly number twelve sixty one, mister Scavoni. Legislative resolution memorializing governor Kathy Hochul to proclaim April 2026 as robotics week in the state of New York.
[Acting Speaker Pamela J. Hunter]: Mr. Scavoni, on the resolution.
[Assemblymember (Unknown) – 'Mr. Scavoni']: Good afternoon, madam speaker. I rise today in support of resolution proclaiming April, State Robotics Week to align with National Robotics Week. It's a bit of a theme here in the chamber this morning, technology. Over the past two months, robotics competitions have been held across the state of New York, including one right here in Albany at the MVP Arena, the the Hudson Valley Tech Regional Competition. I wanna give a shout outs to a team from Southhold eight seventy that won the Long Island Regional and the Hudson Valley Regional and went on to the world championship, as well as team four six nine thousand six hundred forty six from Southampton who won the Long Island Regional and went on to the world championship as well in Houston. So by working with robotics in educational spaces, Robotics Week highlights how robotics drive innovations, economic growth, and technological advancement. And I'm proud to say that we had over 25 teams from across the state of New York go to those world championships representing New York in in that competition. So, madam speaker, members of the assembly and guests here, I'm proud to say that we have wonderful things happening in our public schools and robotics is just but one of them. Thank you very much.
[Acting Speaker Pamela J. Hunter]: On the resolution, all those in favor signify by saying aye. Aye. Opposed? No. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve sixty two, miss Griffin. Legislative resolution memorializing governor Kathy Hochul to proclaim 04/28/2026 as Workers Memorial Day in the state of New York.
[Acting Speaker Pamela J. Hunter]: Miss Griffin on the resolution.
[Assemblymember Judy Griffin]: Thank you, madam speaker. Today we pause our work to recognize Workers Memorial Day to remember people who went to work and never came home or whose health was changed forever just by doing their jobs. New York was built by working people. Their effort, their skill and often times their risk made this state what it is. We have created basic protections and saved lives in this chamber but the job isn't finished. Thousands of workers still die each year and millions more are hurt or made sick from risks we already know how to prevent. Behind every laborer is someone you know a family member, a friend, a neighbor and the grief of losing our loved ones is compounded by knowing their death could have been prevented. This resolution is about remembrance and responsibility. Safe workplaces should be the standard, not the exception. I will always advocate for safe workplaces, especially since my brother died on the job in an unsafe work environment in 2003. Today we honor those we've lost, stand with the workers still at risk, and we commit to making every worker and every workplace in New York safer. Thank you very much.
[Acting Speaker Pamela J. Hunter]: Thank you. On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve sixty three, Ms. Buffer Omato. Legislative resolution memorializing governor Kathy Hochul to proclaim 05/05/2026 as Police Memorial Day in the state of New York.
[Acting Speaker Pamela J. Hunter]: Mister Tanussis, on the resolution.
[Assemblymember Michael Tannousis]: Thank you, madam speaker. Today, there were 56 names added to the police memorial wall. That brings the number of fallen police officers to almost approximately 2,000 officers across different agencies around the state including federal law enforcement agencies who have died in the line of duty, which also includes nine eleven related illnesses. I want to commend the families of these fallen officers. These officers put on that uniform. They went out protecting and serving the public and unfortunately did not come home. So I would like to pray tribute to these officers and also commend the members of this body because on both sides of the aisle, this body actually has retired members of law enforcement that also put on that uniform and swore to protect the public. Thank you very much.
[Acting Speaker Pamela J. Hunter]: Thank you. Mister Kludinski on the resolution.
[Assemblymember (Unknown) – 'Mr. Kludinski']: Thank you, madam speaker. I rise today in support of this resolution designating May 5 as Police Memorial Day in the state of New York. Having spent many years in law enforcement, I have seen firsthand the stress that this career carries. It is a weight shared not only by the officer, but by every member of their family. For most people, the end of a work day is a routine walk through the front door, a commute home. But for those in law in the law enforcement community, every shift begins with the unspoken understanding that it might be the one where the front door never opens. I know the unique kind of courage it takes for a spouse or a child to watch their loved one head to work every night shift, never knowing if that goodbye is the final one. Today, we honor the names of the heroes who gave their lives to protect our communities, but we also honor the families who have carried the heaviest burden of all. We honor the parents who lost a son or daughter, the spouses who have had to find a way forward alone, and the children who grew up without a hero and a photo on the mantle instead of a parent by their side. For these families, sacrifice isn't a talking point. It's a daily reality. They are the ones that live with the silence that follows a shift that never ended. As we pass this resolution, let it serve as a promise to those families that New York will never forget your loved ones' service, and we will never forget the price you paid for our safety. We owe it to the fallen to support the families they left behind and to ensure the officers that are currently serving our streets have everything they need to return home to their families safely every night. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you. Mister Riley on the resolution.
[Assemblymember Michael Reilly]: Thank you, madam speaker. So here we are once again doing a resolution for police memorial day. We continue to add names to that wall twenty five years later after that horrendous day of nine eleven. Each year, as I'm here in Albany, sometimes it's harder than others because I actually knew so many who were added to that wall. One specifically today, lieutenant Sandro Rizzati. We were sergeants together in the 67 Precinct in Brooklyn. Today may be a time that we remember those who made that ultimate sacrifice, but we must always keep their families and their colleagues in our thoughts and prayers and in the actions we take every day. Far too many on that wall worked alongside me. From the 6th, Precinct, there's at least five that have passed away or were killed while on duty responding to emergencies. As you go about your day, remember, they lay their lives down for people they don't even know. Fidelis Admornem, faithful until death.
[Acting Speaker Pamela J. Hunter]: On the resolution, all those in favor signify by saying aye. Aye. Opposed, no. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number 1264, miss Heinemann, legislative resolution memorializing governor Kathy Hochul to proclaim 05/05/2026 as Queen's Day in the state of New York.
[Acting Speaker Pamela J. Hunter]: Miss Heinemann on the resolution.
[Assemblymember Alicia Hyndman]: Thank you, madam speaker. Today is Queen's Day, folks. And to remind you all, Queen's is home to over 2,300,000 people and has a distinction of being the most diverse county in the world. We are now most recently the the beneficiaries of the first fully fledged casino Resorts World, which employs almost 2,500 union workers. We are home to the New York Mets as you heard earlier. We are home to the US Tennis Association, which some of you tuned in in late August to watch the US Open. And only in Queens can you walk down Northern Boulevard, Merrick Boulevard, Jamaica Avenue, or Roosevelt Avenue, and by naan naan, a Jamaican beef patty and an empanada, Korean bulgogi, or bubble tea. And lastly, I invite you all to join me and my Queens delegation, the second largest delegation in this house, to the egg at 05:00 where we have small businesses from all over Queens who will be prominently featured from five to seven. So I invite you all again, and remember today is Queen's Day, also Cinco de Mayo. Thank you.
[Acting Speaker Pamela J. Hunter]: On the resolution, all those in favor signify by saying aye. Aye. Opposed? No. The resolution is adopted.
[Assembly Reading Clerk]: Assem assembly number 1265, miss Buttonshun. Legislative resolution memorializing governor Kathy Hochul to proclaim 05/05/2026 as teacher appreciation day in the state of New York.
[Acting Speaker Pamela J. Hunter]: Miss Buttonshun on the resolution.
[Assemblymember (Unknown) – 'Miss Buttonshun']: Today, as we honor so many, we also honor our great educators. Today is teacher appreciation day in the state of New York. And as you know, our teachers have chosen careers to guide so many of our young New Yorkers as they go on to become those great individuals that we have talked about today. I understand that clearly each one of us have one of those or many teachers that we think of as we talk today about appreciating the work that they do. I am fortunate. I was raised in a family of educators. My father, an eighth grade social studies teacher that started every session reminding the students of the history of this great nation by asking everyone to god bless everyone within The United States. For that reason, my son, an educator, I, an educator, my nieces and nephews, and so many more. But what is so remarkable today is to remind ourselves of these educators and what they have provided a strong foundation for so many. So today I ask you to join me as we celebrate Teacher Appreciation Day in the state of New York.
[Acting Speaker Pamela J. Hunter]: Thank you. Mister Sayesh on the resolution.
[Assemblymember Nader J. Sayegh]: Thank you very much, madam speaker. As a lifelong educator, I often speak on this floor on the role people in education have on the lives of children, generations of young men and women who shape our future. Teachers are no exception. And I've had a firsthand experience working with many outstanding teachers whether they work with children with disabilities or English language learners, teachers that respect the differences, the needs, and the strengths of every child. These are the teachers that are recognized, that are remembered years later when you ask an individual about teaching and they say, yes, my fourth grade teacher miss or mister did this or treated me this way or that way and truly shaped the way I think and the way I became who I am today. So I'd like to take this opportunity to thank the sponsor and to really thank our teachers from early childhood to high school to college teachers. Any person that takes on the teaching profession really takes on a role to shape the future generations and future society. Thank you very much.
[Acting Speaker Pamela J. Hunter]: Thank you. Miss Jackson on the resolution.
[Assemblymember Chantel Jackson]: Thank you madam speaker and thank you to the sponsor of this resolution. I think we all remember our favorite teacher, my first grade teacher, miss Davis, I remember her because she made me feel like I mattered. And so, I'm so grateful to all the teachers that I have had over the years and the privilege of myself being able to teach at the college level and so many of these students come back to me year after year and tell me about the impact I've made on their lives. But the truth is that they've made an impact on my life and reminded me how important it is to not just learn but to teach. And so, thank you to all of our teachers out there, we know that the job is hard, we watch all the videos and we see how hard it is out there these days. But I just want them to know that the New York State Assembly wants to stand in partnership and acknowledge the hard work that they do all for all of the time that they have served, for the late nights, for the times that you don't get paid to make those phone calls to home, they care so much more than just teaching in the classroom. Thank you, madam speaker.
[Acting Speaker Pamela J. Hunter]: Thank you. On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve sixty six, mister DeStefano, legislative resolution memorializing governor Kathy Hochul to proclaim 05/05/2026 as Severe Asthma Day in the State of New York in conjunction with the observance of World Asthma Day.
[Acting Speaker Pamela J. Hunter]: Does she want to speak? Miss Jackson, on the resolution.
[Assemblymember Chantel Jackson]: Thank you, madam speaker. This is a really important resolution especially for The Bronx because we are known to have some of the highest asthma rates across the country. And, I'm very proud to say today that our mayor, mayor Zora Mandani has allocated $20,000,000 of investment to improve childhood asthma right here in The Bronx. And this comes from the MTA congestion pricing which I wasn't a fan of. But it's important that we try to combat the issue of asthma. We know that environmental reasons are the why are the reason why we have the high asthma rates in The Bronx that we do. We have a number of industrial facilities, we have a number of trucks and highways that go through The Bronx and that does not help with the asthma rates. And so, while we have seen a decrease in asthma related ER visits, we know that there's still a problem. The the decrease across the city has been thirty eight percent, but in The Bronx, it has only been twenty five percent. And so, we're gonna continue to combat this issue of asthma and continue to bring awareness to it. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you. On the resolution, all those in favor signify by saying aye. Opposed? No. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve sixty seven, Ms. Lundsford. Legislative resolution memorializing Governor Kathy Hochul to proclaim May 2026 as Melanoma Awareness Month in the state of New York. On
[Acting Speaker Pamela J. Hunter]: the resolution, all those in favor signify by saying aye. Opposed? No. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve sixty eight, miss Roshkmar. Legislative resolution memorializing governor Kathy Hochul to proclaim May 2026 as Malayali Heritage Month in the state of New York. On
[Acting Speaker Pamela J. Hunter]: the resolution, all those in favor signify by saying aye. Opposed? No. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve sixty nine, miss Levenberg, legislative resolution memorializing governor Kathy Hochul to proclaim May 2026 as global employee health and fitness month in the state of New York.
[Acting Speaker Pamela J. Hunter]: On the resolution, all those in favor signify by saying aye. Opposed? No. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve seventy, mister Alvarez, legislative resolution memorializing governor Kathy Hochul to proclaim 06/25/2026 as El Dia del Bodeguero in the state of New York.
[Acting Speaker Pamela J. Hunter]: On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted.
[Assembly Reading Clerk]: Assembly number twelve seventy one, miss Lucas, legislative resolution memorializing governor Kathy Hochul to proclaim 11/03/2026 as Panamanian Independence Day in the state of New York.
[Acting Speaker Pamela J. Hunter]: Miss Lucas, the resolution.
[Assemblymember Nikki Lucas]: Good afternoon and thank you again, madam speaker. Today I stand, once again, with great pride and deep appreciation as we recognize the significance of November 3, a day that marks the independence of the Republic Of Panama. This historic moment in nineteen o three represents the strength, resilience and determination of the Panamanian people to claim their sovereignty and shape their own future. It is a legacy that continues to inspire generations both in Panama and throughout the world. Here in New York, we are fortunate to be home to a vibrant and growing Panamanian American community, especially in Brooklyn. Their rich culture, traditions and contributions have strengthened the fabric of our neighborhoods and enriched the diversity that makes our state so special. As an assemblywoman, I am incredibly proud to stand in recognition of Panamanian Independence Day. It is a celebration not only of history, but of identity, unity, and cultural pride. I am privileged to also have a companion resolution, which is to recognize and celebrate Fiesta de la Etna Negre, Black Heritage Month in Panama, observed throughout the month of May and culminating on May 31, known as Dia de la Etnea Negre Nationale. As a proud Panamanian American, this moment is not only legislative, it is deeply personal. This celebration honors the African and Antillean descendants whose labor, resilience, and cultural influence have profoundly shaped Panama's history and identity. It marks the arrival of these communities and recognizes the rich legacy they brought with them. One that continues to thrive through music, dance, food, language and tradition. Afro Panamanians represent a diverse and powerful history, descendants of those brought to Panama during the colonial era, as well as West Indian immigrants who arrived in the late nineteenth and early twentieth centuries, many of whom played a critical role in the late in the construction of the Panama Canal. Their contributions were not only foundational to the development of the nation, but transformative to its cultural and social fabric. From the rhythms to the art, literature, faith, and political leadership, Afro Panamanians have shaped a cultural legacy that extends far beyond Panama, reaching communities like ours here in New York State. This resolution affirms something important, that black history is global, that the African diaspora has left an indelible mark across nations, and that in recognizing these contributions, we strengthen our shared understanding of identity, culture and unity. By recognizing Fiesta de la Etna Negre here in the New York State Assembly, we are affirming that these histories matter, that this heritage matters, and that the Afro Panamanian community deserves to be seen, uplifted and honored. The recognition also speaks to who we are as New Yorkers. A place where cultures converge, where diversity is our strength and where we have a responsibility to celebrate and preserve the rich histories of all people. I am proud to stand here, not only as a legislator, but as someone shaped by this heritage. Raised in a culture rich with tradition, pride and resilience, passed down through family and community. And I am equally proud to share that I will be traveling to Panama to serve as the keynote speaker for the twenty twenty six Etiennegra grand marshal as a grand marshal celebration and the twenty twenty six Etna Negro Gala, continuing this work of honoring and uplifting our shared heritage on an international stage. I would also like to extend my sincere gratitude to our community partners, the Panama five zero seven roundtable group, Comadere Communications and the Disipney Day of Independence Committee of Panamanians in New York for their unwavering commitment to preserving and uplifting Panamanian culture and for helping make this recognition possible. And thank you to the more than 50 individuals including the organization Konjuta Folklorico RITMO, and additional Panamanian organizations who travel to witness this day, including the support of the council general Roosevelt Dayer and the vice council general of Panama to New York, Vilma de Belo Sierra. Thank I thank my colleagues for their support and I encourage all of us to continue celebrating the richness of our diverse communities, not just today but every day. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you. Miss Hooks on the resolution.
[Assemblymember (Unknown) – 'Miss Hooks']: Thank you, madam speaker. I rise in support of this resolution commemorating the Republic Of Panama. And as I rise this month with particular pride because May is celebrated in Panama as a month of black ethnicity, honoring the Afro Panamanian community whose history, labor, and culture helped build that nation. This one is personal for me as my own uncle and cousins are Panamanian. So, I grew up understanding Panama not as a place on the map, but as family. The food, the music, the pride, and all of the stories. Panama has always been a bridge between continents, between oceans, between people. And the Panamanians who call New York home carry that same spirit, connecting cultures, building community, and strengthening every neighborhood they touch. In Queens, Panamanian families have been part of our fabric for generations, our small business owners, nurses, teachers, and public servants. To Panama and to every Panamanian family that has been new that has made New York stronger, thank you.
[Acting Speaker Pamela J. Hunter]: Thank you. On the resolution, all those in favor signify by saying I. Opposed? No. The resolution is adopted. Mister Fall.
[Speaker 0]: Madam speaker, can you call on the Ways and Means Committee to meet in the Speaker's Conference Room?
[Acting Speaker Pamela J. Hunter]: Ways and Means Committee members, please make your way quietly to the Speaker's Conference Room. Ways and Means Committee members to the Speaker's Conference Room. We are going to be on debate. So, if you're not going to sit here, please make your way out of the chamber. Page 22, calendar number one sixty six, clerk will read.
[Assembly Reading Clerk]: Assembly number sixty five seventy eight b, calendar one sixty six. Mister Barres, an act to amend the general business law.
[Acting Speaker Pamela J. Hunter]: Read the last section.
[Assembly Reading Clerk]: This act shall take effect immediately.
[Assembly Recording Clerk]: Clerk will record the vote.
[Acting Speaker Pamela J. Hunter]: Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, one thirty seven. Nays, one.
[Acting Speaker Pamela J. Hunter]: Page 23. The bill is passed. Oh, the bill is passed. Page 23, calendar number one eighty six, clerk will read.
[Assembly Reading Clerk]: Assembly number 7279 a, calendar one eighty six, mister Kim, an act to amend the parks recreation and historic preservation law.
[Acting Speaker Pamela J. Hunter]: Read the last section.
[Assembly Reading Clerk]: This act shall take effect on the one hundred and eightieth day.
[Assembly Recording Clerk]: The clerk will record the vote.
[Acting Speaker Pamela J. Hunter]: Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, one thirty eight. Nose, zero.
[Acting Speaker Pamela J. Hunter]: The bill is passed. Page 25, calendar number two zero five, clerk will read.
[Assembly Reading Clerk]: Assembly number 8151, calendar two zero five, miss Barrett, an act to amend the public service law.
[Acting Speaker Pamela J. Hunter]: Read the last section.
[Assembly Reading Clerk]: This action will take effect on the thirtieth day.
[Assembly Recording Clerk]: The clerk will record the vote.
[Acting Speaker Pamela J. Hunter]: Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, one thirty nine. Nays, zero.
[Acting Speaker Pamela J. Hunter]: The bill is passed. Colleagues, we're gonna be on debate, please. Page 31, calendar number two ninety two, clerk will read.
[Assembly Reading Clerk]: Assembly number seventy eight forty a, calendar two ninety two, mister Wepprin, an act to amend the public health law.
[Acting Speaker Pamela J. Hunter]: An explanation has been requested, mister Wepren.
[Assemblymember David I. Weprin]: Thank you, madam speaker. This bill amends section forty one thirty eight c of the public health law to allow adoptees that are registered to an adoption registry to consent to the release of their identifying information via pre authorization consent form to be developed by the Department of Health. Under current law, consent for the release of identifying information requires consent from the adoptee to be given at the time of the request rather than upon entering the registry. In cases of death or serious injury, it becomes impossible for that consent to be given. This effectively prohibits family members from learning the identity of an adoptee.
[Acting Speaker Pamela J. Hunter]: Miss Walsh.
[Assemblymember Mary Beth Walsh]: Thank you, madam speaker. Will the sponsor yield, please?
[Acting Speaker Pamela J. Hunter]: Will the sponsor yield?
[Assemblymember David I. Weprin]: Absolutely.
[Acting Speaker Pamela J. Hunter]: The sponsor yields.
[Assemblymember Mary Beth Walsh]: Thank you, mister Weppard. I do have a few questions for you, and I apologize in advance that you are behind me and so it makes it a little I can't really make eye contact with you so I'm sorry about that. But hopefully you'll be able to hear me all right. So the first question really I guess and you did address it a little bit in your explanation, but, what was the reason for developing this bill? Was there a particular problem that you were trying to solve here?
[Assemblymember David I. Weprin]: Well, as some of you may recall, in 2019, I chaptered the adoptee bill of rights which allowed adult adoptees, the adopted person's direct line of descendants or the lawful representatives of an adoptee to obtain a certified copy of the adoptee's personal original long form birth certificate. This chapter was one of my proudest legislative accomplishments in my career. I've had adoptees throughout The United States reach out to me and thank me for this law which allowed them to reconnect with their biological family. This bill before us today is a continuation of that work. I wanna thank chair Paulin for his support and I urge my colleagues, to vote for this bill.
[Assemblymember Mary Beth Walsh]: Alright. Well, I guess question is if the if the adoptee can already, under existing law, receive a copy of the their birth certificate that's got in the long form, as you said, which has got a lot more information than what this bill requires which is strictly limited to names and addresses. Why do we need this bill?
[Assemblymember David I. Weprin]: Well, as as I what did you say? As know, as I pointed out before, there are cases, when, someone, rather than upon entering the registry, in cases of death or serious injury, it becomes impossible for that consent to be given. This just makes it easier, for that consent to be given.
[Assemblymember Mary Beth Walsh]: Okay. So but if the adoptee already under existing law at any time can obtain a copy of the original the the birth certificate in the long form that contains a lot of information, what is it that's not on that that they would need to request through by way of this law.
[Assemblymember David I. Weprin]: Okay the pre authorization would eliminate the requirement of giving final consent. It just makes it easier for them to get that original birth certificate through this pre authorization.
[Assemblymember Mary Beth Walsh]: But under the existing law to get your birth certificate, that long form that we've been talking about, you don't need to have obtained the consent of the birth parents. Correct? Because that was in there were a few of us who didn't want that law because we felt that it basically sidestepped the wishes and maybe the promises that were made to the birth parents that their information would be confidential. That previous law that you referenced did away with that. So anybody who's adopted can now get that in New York. Right? They don't need to show that there's been any consent conferred, but this bill requires consent only to get names and addresses. And it just seems to me like you can get that information and so much more off the birth certificate that doesn't even require any prior consent.
[Assemblymember David I. Weprin]: Well this is connecting them to the registry which is a little different than actually getting the original birth certificate.
[Assemblymember Mary Beth Walsh]: Okay. How how is it how is it different? I mean maybe the the place that you get it from is different but isn't it true that the birth certificate would have a lot more information including the information that would be in in this document off the registry?
[Assemblymember David I. Weprin]: Well, it allows for more family members to be able to get that information from the registry without having to get consent each time. This would be be a pre authorized form that they would have.
[Assemblymember Mary Beth Walsh]: So is it fair to say that this bill is not really designed to help adoptees as much as it is there to advantage more distant relatives to find out family history?
[Unidentified Member (possible co-sponsor/staff interjection)]: Not distant relatives. It helps the adoptees, but it also might help the adoptees parents, like birth parents, access this information?
[Assemblymember David I. Weprin]: Well actually it would it could help it would help the adoptee's birth parents from getting that information.
[Assemblymember Mary Beth Walsh]: It would okay it would help oh because it goes the other way so
[Assemblymember David I. Weprin]: the Right.
[Assemblymember Mary Beth Walsh]: Okay. So the adopt so the birth parents through this legislation would pre authorize the release of their name and and address. And then the it would also allow the the adopted child who's maybe an adult now to also pre authorize the release of their name and their current address? It goes both ways?
[Assemblymember David I. Weprin]: Yes.
[Assemblymember Mary Beth Walsh]: Ah, okay. Alright. That makes a real difference. Thank you. I appreciate that clarification. It
[Assemblymember David I. Weprin]: would also allow the biological siblings as well, not just the birth parents.
[Assemblymember Mary Beth Walsh]: Okay. Alright. Now is there any provision or idea about the idea of revocation? So for example, let's say whenever this, you know, becomes effective, this law, there is a pre authorization for the release of information. And then maybe ten years or twenty years down the road, the the individual thinks better of it, they wanna revoke that authorization. May they do that?
[Assemblymember David I. Weprin]: It could be done under the the guidelines that the Department of Health will will establish under this legislation.
[Assemblymember Mary Beth Walsh]: And does it state in the bill that there will be a revocation procedure created by Department of Health or does it just leave all rulemaking to Department of Health?
[Unidentified Member (possible co-sponsor/staff interjection)]: It's standard practice for revocation.
[Assemblymember David I. Weprin]: My understanding is it's standard practice but should be done under the Department of Health regulations.
[Assemblymember Mary Beth Walsh]: Okay, okay. So we hope, we hope that when the Department of Health creates the appropriate forms that they will put in something about revocation. Okay.
[Unidentified Member (possible co-sponsor/staff interjection)]: Alright.
[Assemblymember Mary Beth Walsh]: Why not just allow at at the time that the information is being requested, why not just require final consent to be given in real time? Why allow the pre authorization that this bill discusses?
[Unidentified Member (possible co-sponsor/staff interjection)]: We wanna facilitate as much flexibility to the wishes and needs of the adoptive and their families. We don't want to mandate that sort of automatic.
[Assemblymember David I. Weprin]: Well it would provide more flexibility to obtain that. Okay.
[Assemblymember Mary Beth Walsh]: More flexibility?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: That it will already be authorized if they can give us information?
[Assemblymember David I. Weprin]: Yeah. Will be already preauthorized under those guidelines.
[Assemblymember Mary Beth Walsh]: Okay. I think you mentioned during your initial explanation of the bill, you were talking about serious injury or death of parties that were involved and it becomes inconvenient or impossible to obtain final consent because of because of those issues?
[Assemblymember David I. Weprin]: Correct.
[Assemblymember Mary Beth Walsh]: Okay. Alright. Let's see. Just give me a second here. Alright. I think you've answered all of my questions. Mister Weppard, I appreciate it. Madam speaker, briefly on the bill.
[Acting Speaker Pamela J. Hunter]: On the bill.
[Assemblymember Mary Beth Walsh]: So the bill is interesting. I now have a better idea because I I was thinking about it in terms of the adopted child being able to discover information about birth parents. I wasn't thinking about it in the reverse. So, and I wasn't thinking about it in terms of more distant relatives, siblings, maybe nieces, nephews, other people who might be able to obtain this information with a pre authorization. There are a couple of things that I would just like to point out as we consider this bill. The first, and I did try to get into this a little bit, is I think that the sponsor's previous legislation that was passed and is now law really does give the adopted child, who could now be an adult, a great deal of information without requiring any authorization. It is in fact despite any desire on the part of the birth parents to not have their information released, it is by now existing law, that prior bill, it may be released. It will be released. And there are plenty of people that are very happy about that. There may be some birth parents that are not really happy about that, that change in the law that was passed a couple years ago. I just think it's very interesting in this day and age with the advent of Google, with the advent of what is it 23andMe, with the advent of ancestry.com, I think so much of this information is so readily available really from the comfort of somebody's home without having to pre authorize really even do much of a search. It just kind of can pop up. So I don't know. I don't know whether there is a good enough reason to disturb the current law. But and I also think, and I will just say, and I tried to address this a little bit during my questioning, but once again we're passing a bill today in the assembly that just basically says, well, Department of Health will create regulations and we don't know what those regulations really are gonna look like. We don't know if it's gonna contain any kind of a process for revocation of previously authorized consent. We don't know what it's going to contain and it's never going to come back to us for a vote up or down. We're just authorizing the Department of Health to do this. So I always am concerned when that happens. I do think that it's a bit of an abdication of our role as a legislature when we do that. But I do also understand that during the questioning and answering that's going on here during debate on the floor, we are making a legislative record that I hope that the Department of Health will consider as they do their regulation making in the future. So with that, I I don't know that there isn't a sufficient reason to disturb the existing law by doing this bill, but I do appreciate the sponsors' answers to my questions. Thank you for very much, madam speaker.
[Acting Speaker Pamela J. Hunter]: Thank you. Read the last section.
[Assembly Reading Clerk]: This action will take effect on the thirtieth day.
[Assembly Recording Clerk]: The clerk will record the vote.
[Acting Speaker Pamela J. Hunter]: Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, one thirty nine. Nose, zero.
[Acting Speaker Pamela J. Hunter]: The bill is passed. Page 33, calendar number 327, clerk will read.
[Assembly Reading Clerk]: Assembly number 10335, calendar 327, miss Solange. An act to amend the civil practice law and rules.
[Acting Speaker Pamela J. Hunter]: An explanation has been requested, miss Solange.
[Assemblymember Michaelle C. Solages]: Thank you, madam speaker. You know, the governor the government is not above the law, and it should not be above the rules that govern how justice is delivered. This bill will close a loophole that has let agencies avoid accountability for years. So this bill would prohibit a class certification from being denied because the action is against a governmental operation when the prerequisites have been satisfied.
[Acting Speaker Pamela J. Hunter]: Miss Walsh.
[Assemblymember Mary Beth Walsh]: Madam speaker, will the sponsor yield, please?
[Acting Speaker Pamela J. Hunter]: Will the sponsor yield? Yes. Sponsor yields.
[Assemblymember Mary Beth Walsh]: So it's nice to see you again. Yes. We we've debated this bill couple of years now. It was vetoed again by the governor, so that's three years in a row. Mhmm. Has the bill been modified at all since last year?
[Assemblymember Michaelle C. Solages]: No. The bill hasn't been modified but we've seen more and more cases where judges are basically using legal procedures to to certify class action lawsuits because we haven't really codified this in law. So this is happening and we just wanna make sure that this is put in law so we're gonna go at it again. We have another case that's currently being adjudicated right now in the courts that the judge has stated on the record that he is unable to formally do this and that he has to do some legal procedures. And so this is the impetus of me putting the bill on the floor again because we can appoint to exact court case that's happening right now.
[Assemblymember Mary Beth Walsh]: So it was interesting when you when you were just giving your description of the bill, you made it sound as though governmental entities cannot be there there can't be a class action against a governmental entity and that's not the case though. Right? Well, we have them.
[Assemblymember Michaelle C. Solages]: We're seeing judges doing it right now and stating on the record that they wish they can formally do this. And so they're using some procedures to get it done and combining several cases, surviving sorry several litigants together into one class action lawsuit. So it it is happening, but in a way that is not direct, and we should be more formal. We should really codify this in law so that it is a direct option for the judicial to do.
[Assemblymember Mary Beth Walsh]: It's my understanding that it's already an option in the sound discretion of the court after they consider several factors and I won't waste our time by reading them, the five factors, and there's probably fifty years of decisional case law that establish es exactly what the courts do. So I I don't know if it's a particular case that you're speaking of, but it just seems to me like this is very well known amongst judges that are asked to certify classes involving governmental entities, and and they do this they do this all the time. They've been doing it for decades. So why change it?
[Assemblymember Michaelle C. Solages]: My pardon me. You know, we've seen cases where they they have rejected claims. You know, I can point to a case right now, New York, NC versus City of New York 2015 where the supreme court rejected the claim, you know, citing that they're unable to do this. And so, you know, you see some judges saying that they can. They're saying some judges they can't. Why not clarify in law and make it crystal clear that this is an option for New Yorkers? So whether they are low income, elderly, or
[Assemblymember Jen Lunsford]: don't have
[Assemblymember Michaelle C. Solages]: the finances to directly sue the government that they can come together in a class action lawsuit as long as they meet all the requirements and be able to hold the government accountable.
[Assemblymember Mary Beth Walsh]: But the I mean, it's just the fact that there are judges that in some instances have denied class status doesn't mean that the judges are confused. It might just mean that they're exercising their discretion to deny the class.
[Assemblymember Michaelle C. Solages]: Well, so like I said, on the record, some some are saying that the the court went to say that class action lawsuits are important and they serve, but they were unable to do it. And so we're hearing, you know, you're hearing something, I'm hearing something. Why not say, hey. Look. On the record, let's change the law. Let's put it statutorily, codify the law, and make it crystal clear that this is an option for the courts to do and giving New Yorkers an opportunity to be heard. And and then this is not saying that the case is valid. This is just saying that simply saying that they have an opportunity to use this avenue.
[Assemblymember Mary Beth Walsh]: I mean, under under existing law, a court can deny class certification only where the action involves governmental operations and the court determines that the class action is not superior to individual suits. It let me ask you this. If the bill becomes law, would you expect there to be more class action lawsuits against governmental entities?
[Assemblymember Michaelle C. Solages]: Look. I even the thought that we're not holding government accountable should make you uneasy, madam speaker. So I just don't I think that if there are many or few, we really should be taking it serious that if the government is creating harm to citizens, that the government should be held liable and accountable. I believe in government full heartedly. I stand in this chamber because I believe that government can do good for the people. But if government does bad, there should be recourse, especially for those who those of the many who have been harmed.
[Assemblymember Mary Beth Walsh]: I I believe in government too. I believe in three branches of government, and I believe that we have an independent judiciary that has rules that have been long established over many decades for how to approach this kind of an application in case. And I have, trust and belief that judges that are being, elected into these positions are able to apply decisional law and and use discretion that is conferred to them and for which they are highly compensated to to exercise this discretion and that they're gonna come out on the right side. And if they don't if if they don't, then that doesn't necessarily mean that the law's gotta get changed. I think it just means that class actions are are not always the best way to handle these matters. Sometimes individual lawsuits and other concerns are superior. So anyway, I appreciate oh, go ahead please.
[Assemblymember Michaelle C. Solages]: To respond to that, you know, we are not limiting judicial discretion by asking the courts to consider the merits of the case. So this legislation if this legislation limits anything, it limits the indiscretion that courts currently have to shield the government against class action lawsuits simply because they are the government. And so we're just basically outlying and just giving New Yorkers opportunity. And I think everyone in this chamber would want New Yorkers to have a voice. And if they need a collective voice, we should be empowering that.
[Assemblymember Mary Beth Walsh]: Thank you very much, madam sponsor. Madam speaker, on the bill.
[Acting Speaker Pamela J. Hunter]: On the bill.
[Assemblymember Mary Beth Walsh]: We do not need to make this change in the law. The current law is working just fine. Class action certification is in the sound discretion of the court, which is exactly as it should be. Case law that's been developed over the past five decades has given guidance to judges who decide whether a class should be certified or not. Specifically in Jones versus Berman, the Court of Appeals held that where governmental operations are involved and where subsequent petitioners will be adequately protected, class action relief is not necessary. The sponsor has not been able to point to anything that would indicate that the current system of deciding when class action should be certified is not working. The governor appears to agree, having vetoed this bill three times over the last three years. While I admire the sponsor's persistence, I think it may be time to give up. For the non attorneys in the room, think of it this way: If it ain't broke, don't fix it. For the colleagues who came here by way of service and local government, consider that NYSAC opposes this bill and agrees with the Governor's message saying that there would be massive costs that would bankrupt a county or any other governmental entity for that matter if class actions were allowed. Granting the courts the authority to continue to determine class actions is the most prudent way to continue as in the case in existing law. So once again this year, I will not be supporting this bill and I would encourage a no vote from my colleagues. Thank you very much, madam speaker.
[Acting Speaker Pamela J. Hunter]: Read the last section.
[Assembly Reading Clerk]: This act shall take effect immediately.
[Acting Speaker Pamela J. Hunter]: A party vote has been requested. Miss Walsh.
[Assemblymember Mary Beth Walsh]: Thank you, madam speaker. So for the reasons I just stated, the republican conference will be in the negative on this piece of legislation. But if there are those who wish to vote yes, now would be the time to do so at their seats. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you, mister Foll.
[Speaker 0]: Thank you, madam speaker. The majority conference will support this piece of legislation. For those that would like to vote in a different direction, they could do so at their desk.
[Acting Speaker Pamela J. Hunter]: Thank you. The clerk will record the vote. Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, 93. Nays, 46.
[Acting Speaker Pamela J. Hunter]: The bill is passed. Page 33, calendar number three thirty two. Clerk will read.
[Assembly Reading Clerk]: Assembly number 4821 a, calendar three thirty two, miss Kaye, an act in relation to directing the New York State Bridge Authority to provide a report.
[Acting Speaker Pamela J. Hunter]: An explanation has been requested, miss Kay.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Certainly. I wanna say that it is extremely fitting to be talking about this bill today after AJ Brown was here. This is a bill about suicide prevention. This bill will require the New York State Bridge Authority, the NYSBA, to provide the governor and the legislature a report outlining their efforts on the progress of decreasing and deterring suicide attempts on the Bridge Authority bridges. This report will include information on current projects, barriers to the implementation of these projects, and for the authority to provide the legislature policy recommendations that the authority may require to implement any recommendations made as a part of this study, including climb deterrent fencing. There are five vehicular and one pedestrian bridge under the jurisdiction of the New York State Bridge Authority. They're all located in the Hudson Valley. The walkway over the Hudson, the Bear Mountain Bridge, the Mid Hudson Bridge, the Kingston Rhine Cliff Bridge, and the Rip Van Winkle Bridge. Since 2022, over thirty people have died by suicide on New York State Bridge Authority bridges. In 2024 alone, there are eleven suicides. We can fix this.
[Acting Speaker Pamela J. Hunter]: Miss Walsh?
[Assemblymember Mary Beth Walsh]: Thank you, madam speaker. Will the sponsor please yield for a few questions?
[Acting Speaker Pamela J. Hunter]: Will the sponsor yield?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Of course.
[Acting Speaker Pamela J. Hunter]: Will the sponsor yield?
[Assemblymember Mary Beth Walsh]: Thank you so much. And it is a very, very important topic and I appreciate I appreciate I wanted to ask you if this information has already just been requested. You know many times as elected representatives, we can send letters to two agencies and just ask them for information. Why do we need this bill specifically?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: We need this bill because back in 2007, there was there was a report and that report was to implement certain changes on the bridges including closed circuit TV and telephones. And that work was done, but unfortunately, without the climb deterrent fencing, suicides have have increased. So the the point of this bill is to require the bridge authority to conduct a study to say what what is next, how much it's going to cost for hopefully these climb deterrent fencing across all of these bridges. And they need to come up with this determination a year from July 2027.
[Assemblymember Mary Beth Walsh]: Okay. I guess my question was have they just been asked for this information and refused to provide it or I mean that seems like the place to start rather than a piece of legislation like this and I'm just curious.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Certainly. So we've discussed it with them. We've talked about the cost of implementation and timing. And we really want it done sooner so this is the first step. It's a small step but it's the first step to making sure that this happens in a timely fashion.
[Assemblymember Mary Beth Walsh]: And when you say that this is happening, mean that taking the governor's commitment of 93,800,000 that they're receiving to make these, you know, to basically hardening the environment around these bridges to make, to try to ensure that people won't be able to use them for the purposes of ending their lives. You want to make sure that it's going to be implemented quickly.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Correct. So again, the study And is just the first we do know that when climb deterrent fencing is secured on bridges, that that causes a pause for somebody may be in a moment of stress often times that pause is just enough to save a life.
[Assemblymember Mary Beth Walsh]: I heard but didn't hear the number. How many bridges like this? You mentioned that there were some in the Hudson Valley. Statewide, how many bridges are we talking about?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Well, this would this would cover five vehicular bridges and one pedestrian.
[Assemblymember Mary Beth Walsh]: Okay.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Over in all in the Mid Hudson Valley region.
[Assemblymember Mary Beth Walsh]: Okay. So there aren't any in the rest of the state or that this specifically just involves these?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Well, so interesting.
[Assemblymember Mary Beth Walsh]: Yeah.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: When the Tappan Zee Bridge was reconstructed, it was reconstructed with climb deterrent fencing and there have been no suicides off of that bridge since it has reopened.
[Assemblymember Mary Beth Walsh]: Okay and that's also a downstate bridge. Then Upstate we don't have any bridges like this?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: I'm not
[Assemblymember Mary Beth Walsh]: aware. I'm just curious.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: But the, right, but I'm only talking about bridges that are regulated by the New York State Bridge Authority, this is this is the, all of the bridges under the bridge authority's jurisdiction.
[Assemblymember Mary Beth Walsh]: Oh, I see. So maybe there's another entity that oversees bridges in other parts of the state then?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Yes. And that
[Assemblymember Mary Beth Walsh]: would be what? Department of Transportation?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Department of Transportation.
[Assemblymember Mary Beth Walsh]: I gotcha.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: Okay. And I would love to see climb deterrent fencing on all of those bridges as well.
[Assemblymember Mary Beth Walsh]: I can appreciate that. I can. So really this is very valuable information that's going to be produced by the New York Bridge Authority. So my question is why when that report is generated, is it only supposed to be provided to the majority leaders in either chamber and it skips over the minority?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: So I can tell you that the Bridge Authority has a robust online presence. It will be online and it will be also provided to me as the sponsor of the legislation and I'm happy to share it immediately with you and any other members.
[Assemblymember Mary Beth Walsh]: Do you and I appreciate that. Do you under do you understand that they would be posting the report online simultaneously with delivering the report to the leaders that are listed in the bill?
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: I'm not certain of that, but what I can tell you with certainty is as soon as I have it, you will have it with a with a click of an email.
[Assemblymember Mary Beth Walsh]: Okay. Okay.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: We will make certain though that as soon as they have it that they do their very best to put it online because that's information all of us need to have.
[Assemblymember Mary Beth Walsh]: No, I very much agree with you and that was really part of my concern with the bill is it is important information and so why limit it? I mean why not amend the bill to just add the minority leaders of both houses into the bill? It would be a very simple amendment. We've had other members that have been happy to do that for the bills that they put forward and in those instances those bills have received really unanimous support, but you didn't amend your bill.
[Assemblymember (Unknown) – sponsor of Bridge Authority suicide prevention report ('Ms. Kaye')]: We didn't we did not amend the bill. Again, I'm happy to provide it for you as soon as possible. And again, because of the availability of the online access, we will all see it pretty pretty much as soon as possible.
[Assemblymember Mary Beth Walsh]: That would be great if that happens. Yep, thank I you very appreciate it. Madam Speaker, very briefly on the bill.
[Acting Speaker Pamela J. Hunter]: On the bill.
[Assemblymember Mary Beth Walsh]: So listen, I mean what could be more important than trying to prevent suicide by way of bridge? I mean it's certainly a very important topic. I just tried to point out during our discussion and our debate that first of all, and we run into this all the time as constituents bring matters of concern to us or as we become aware of matters of concern, the first step generally is to reach out directly to that agency through our legislative liaisons or in any way that we can, point out the need, request the information. And I'm still not really clear about why the New York Bridge Authority hasn't provided the information requested as to how this money that's already been committed by the governor, $93,800,000 to NISBA to make these public safety changes and the inclusion of climate deterrent fencing to enhance suicide prevention measures, why they wouldn't simply provide an update rather than to have us have to put out another piece of legislation requesting another study and another report. Because let's face it, we also know what the Governor's point of view very often is when it comes to study bills, she tends to veto them. She vetoed, I don't know, I think like 17 of them last year. And there are a number that we'll take up. And some of those pieces of legislation were asking for reports on some really important topics like this one. So I am concerned about that. I think it would be, I don't know whether we've really exhausted the just simple request option with the New York State Bridge Authority. I can't imagine with only six bridges involved in the Hudson Valley that it would be that hard for them to compile. It seems to me like it might be a two or three page letter and they could just tell us what they're doing in terms of making improvements to the bridge, to the bridges. Certainly a very important topic. We definitely want to enhance public safety. I just, in closing, just really think that it's unfortunate that once again the minority is getting left out of being provided immediately with a copy of the report if and when one is generated. We have constituents in the Hudson Valley as well. We have people that we need to keep safe. We have people that we need to inform. And while I appreciate the sponsors, I think very genuine desire and promise to include the minority in any report once it's generated. You know, I mean I would feel a lot better if it was actually in the bill language. And I mean no aspersion at all to the sponsor. I think she really means it genuinely. But you know, I think it would be a lot better moving forward if we were just put in the bill. So I wish that the bill would be amended to include us and in its current form I think that there may be yes and no votes on this particular piece of legislation. But thank you very much Madam Speaker.
[Acting Speaker Pamela J. Hunter]: Thank you. Read the last section.
[Assembly Reading Clerk]: This act shall take effect immediately.
[Assembly Recording Clerk]: The clerk will record the vote.
[Acting Speaker Pamela J. Hunter]: Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, one thirty nine. Nays, zero.
[Acting Speaker Pamela J. Hunter]: The bill is passed. Mister Fall.
[Speaker 0]: Thank you, madam speaker. I'd like to continue more work on the debate list and start off with calendar number '23 on page six by miss Rosenthal, followed by calendar 99 on page 15 by miss Lunsford.
[Acting Speaker Pamela J. Hunter]: Thank you. Page six, calendar number 23, clerk will read.
[Assembly Reading Clerk]: Assembly number six fifty nine, calendar 23, Ms. Rosenthal, enact to amend the real property tax law.
[Acting Speaker Pamela J. Hunter]: An explanation has been requested, Ms. Rosenthal.
[Assemblymember Linda B. Rosenthal]: This bill would prohibit landlords from willfully providing misleading or incorrect information on the notice required the tenant regarding when a four twenty one a tax benefit is ending. It would also require DHCR to standardize the notice of landlords provide to tenants.
[Acting Speaker Pamela J. Hunter]: Mr. Riley.
[Assemblymember Michael Reilly]: Thank you, madam speaker. Will the sponsor yield for a few questions?
[Acting Speaker Pamela J. Hunter]: Will the sponsor yield? Yes. Sponsor yields. Thank
[Assemblymember Michael Reilly]: you, miss Rosenthal. So the is there is there anything in the law that current law that would prohibit fraud and misinterpretation? Maybe in maybe business law?
[Assemblymember Linda B. Rosenthal]: I mean, are there are consequences to not being truthful on this rider, but this bill also adds more benefits that might be applied to the apartment. So it does that, but it also adds other notices onto this rider.
[Assemblymember Michael Reilly]: But is it is there wouldn't the fraudulent or willful misrepresentation be covered under general business law already?
[Assemblymember Linda B. Rosenthal]: I don't I don't I don't think so. I think that it is it's illegal. However, we want HCR to have more authority on this.
[Assemblymember Michael Reilly]: So just to have more authority on the this statute?
[Assemblymember Linda B. Rosenthal]: To to to add a violation, which would cost a thousand dollars.
[Assemblymember Michael Reilly]: So when you when you drafted this legislation and created this the new penalty and basically the the new portion. What what evidence was there that there was a a necessity for us to combat misleading on a four four twenty one a form?
[Assemblymember Linda B. Rosenthal]: Well, I am glad you asked that.
[Speaker 0]: Okay.
[Assemblymember Linda B. Rosenthal]: The reason that this bill exists is because in multiple buildings in my district and outside my district, when tenants get their lease or their renewal lease, the incorrect date for the expiration of the four twenty one a tax benefit is listed. And the consequences of that for some tenants have been dreadful. In fact, some tenants who thought that the 04/21 tax benefit expired in year X actually moved out because they thought that's the end of my benefit and I won't be able to afford the increase in rent. And so we need to hold those who have who get the benefit of a tax credit to provide truthful and accurate information.
[Assemblymember Michael Reilly]: So is there are there any stats on the number of cases like that? Maybe specific numbers?
[Assemblymember Linda B. Rosenthal]: Well, I have many in my district, so I am sure that they exist outside my district.
[Assemblymember Michael Reilly]: So, I mean, when we think about many. Right? Some of us could say five as many, 10 as many. That's why I'm asking is is there an overwhelming overwhelming is there overwhelming data that would support such a high penalty?
[Assemblymember Linda B. Rosenthal]: You know, when when a real estate company gets forgiven tax taxes, that involves all of us. Those are taxes we all as a city and state do not collect. With that comes the responsibility to be accurate. Now they have teams of well paid attorneys to ensure that the the information on these leases is correct and therefore that responsibility must be discharged. For those who do not, well, they should consult their high paid attorneys.
[Assemblymember Michael Reilly]: So do you have any stats on how many of those units are owned by those with high paying attorneys and how many may be small business owners?
[Assemblymember Linda B. Rosenthal]: Four twenty one a generally applies to large corporations. Like the mom and pop is not getting a four twenty one tax benefit.
[Assemblymember Michael Reilly]: Okay.
[Assemblymember Linda B. Rosenthal]: It's experienced by my constituents, perhaps by yours, So even one tenant who is misled and leaves their apartment is one too many.
[Assemblymember Michael Reilly]: So moving on to how is the I guess, how are we gonna distinguish between a mistake in the in the in the report and the willful intention?
[Assemblymember Linda B. Rosenthal]: You know, we will be able to to tell if there's a pattern of landlords doing this and I have many examples of of the above. And it's up to the agency, HCR, to determine if there are bad actors. There's an agency discretion built into this and so it's up to them.
[Assemblymember Michael Reilly]: So did HCR actually give you any information on why this bill was necessary?
[Assemblymember Linda B. Rosenthal]: Didn't consult them. I know from working with my constituents over many years that this happens all too frequently.
[Assemblymember Michael Reilly]: So did you have a conversation about how the enforcement would work?
[Assemblymember Linda B. Rosenthal]: I think that's not germane. This bill sets forth particular conditions and trusts HCR to carry it out. So
[Assemblymember Michael Reilly]: my question about it being germane is that the bill incorporates a $1,000 fine per violation.
[Assemblymember Linda B. Rosenthal]: Indeed. Right? Indeed.
[Assemblymember Michael Reilly]: So enforcement of that $1,000 fine per violation, who's going to who's going to enforce that?
[Assemblymember Linda B. Rosenthal]: As I said, HCR is charged with enforcing this law because they have all the records and the registrations for these kinds of units. We don't address enforcement in these bills. That is once these bills become law, the appropriate agency, the appropriate authority will do the enforcement.
[Assemblymember Michael Reilly]: So let me just re re ask this question.
[Assemblymember Linda B. Rosenthal]: Go ahead.
[Assemblymember Michael Reilly]: So did you have a you didn't have a conversation with HCR about the how this trip will transition from this paper to actually enforcement on the street and in their agency?
[Assemblymember Linda B. Rosenthal]: I don't know how many bills you've you've passed here or if you've written legislation that passes. That's not how it works.
[Assemblymember Michael Reilly]: See, unfortunately, you opened up the can of worms there that our side doesn't get to bring a bill
[Assemblymember Linda B. Rosenthal]: to you.
[Assemblymember David I. Weprin]: But
[Assemblymember Michael Reilly]: Yeah. I I apologize. But, yes, that is that is correct. We don't get to bring a bill to the floor because they get killed in in the That's committees. Know? So but that's why we have these debates. Right? And wouldn't you want to the reason why I'm asking these questions is to make sure that your legislation could be the best it can be Well to be enforced.
[Assemblymember Linda B. Rosenthal]: You don't really have to worry about that. But as the housing chair, I understand how the agencies work, I understand how some tenants are getting inaccurate leases and inaccurate lease riders and I want to prevent that from happening. We've seen when we levy large penalties that turns behavior and that's what the aim of this is. It is also, for example, a four twenty one tax benefit may expire. However, the apartment may remain affordable because there is LITEC and state LITEC which are other benefits that decrease the burden of rent. And so we want to make sure that if a landlord is benefiting from these tax benefits, that the tenant knows that and doesn't have to worry that they are going to lose their home because it becomes unaffordable. So this bill, in addition to the violation and all that, adds those requirements to the lease rider.
[Assemblymember Michael Reilly]: So when you were drafting the legislation and including the penalty, was there any thought of a sliding scale where maybe the first violation would be two fifty, third by second violation, 500, and then maybe a third that shows that there's a consistent pattern that then the highest penalty would be incorporated?
[Assemblymember Linda B. Rosenthal]: So let's say tenant x gets an erroneous rider that says, your tax credit expires next year. The tenant then says, you know what, I can't afford to live here anymore and leave. You know, that's what we have here. Those are the situations we are trying to attack. Also, the tenant could have moved out by the time the $250 violation comes forward. So we just want to protect everyone. And because it's tax dollars that are being used to make these apartments affordable, we want to ensure that everyone's complying with the law.
[Assemblymember Michael Reilly]: Okay. Alright. Does HRC have any other enforcement that you know of that on this type of?
[Assemblymember Linda B. Rosenthal]: Well if you go to HCR's website, they have many fact sheets and they do fact sheet number two describes the rights and obligations of tenants and owners under the rent laws and regulations. And so it lays out what needs to happen. It lays out the obligations.
[Assemblymember Michael Reilly]: So the so there's it's already documented somewhere so the tenants would see
[Assemblymember Linda B. Rosenthal]: what the No. No. But this doesn't address the willful mistake, And that's what I'm concerned
[Assemblymember Michael Reilly]: about. So that's the key there. What's the difference? Is it a mistake or is it intentional? That is Generally, when we apply penalties, That's we wanna what it's stop
[Assemblymember Linda B. Rosenthal]: what it's called.
[Assemblymember Michael Reilly]: Can I can I
[Assemblymember Linda B. Rosenthal]: ask the question? Yeah.
[Acting Speaker Pamela J. Hunter]: We will ask a question, pause, answer, please. Thank you.
[Assemblymember Michael Reilly]: Thank you. So when we add a penalty
[Assemblymember Linda B. Rosenthal]: Uh-huh.
[Assemblymember Michael Reilly]: To something, it's generally because we are trying to stop bad behavior. Yes. What you just said is it could be a mistake. So what is the in is in this legislation, is there a mechanism for the landlord, the property owner. Right?
[Assemblymember Jen Lunsford]: That What?
[Assemblymember Michael Reilly]: Is it is there something in there for them to appeal the process?
[Assemblymember Linda B. Rosenthal]: Okay. So in in the legislation, the words are let me just get it are willful.
[Assembly Recording Clerk]: Mhmm.
[Assemblymember Linda B. Rosenthal]: And that is on HCR to determine.
[Assemblymember Michael Reilly]: Okay.
[Assemblymember Linda B. Rosenthal]: It says, Willfully on line 19, it says, willfully includes information they know or reasonably know to be misleading or incorrect. So, it's not an automatic. There are caveats as in reasonably know. So that's something HCR will determine. Like I've had entire buildings. I've had select tenants getting this notice. And part of the problem also is if the tenant moves out, the landlord is still collecting is still having that tax benefit. And and so we want to ensure that everybody's meeting their obligations and responsibilities.
[Speaker 0]: Alright.
[Assemblymember Michael Reilly]: Madam speaker, on the bill.
[Assemblymember Alicia Hyndman]: On the bill.
[Assemblymember Michael Reilly]: So the reason why I was asking these questions is the agency that's going to be responsible for actually carrying out the enforcement may not even know it's coming. They may not have the resources. It may not be practical. I mean, it's kind of the same type of debate that I've had over and over where I just ask, how is it going to transition from the paper to the street to the courtroom or, in this case, to the agency carrying out the penalties? It would make sense to actually talk to the agencies and say, is this going to work? Are we going to actually make an impact? And it actually may help to actually talk to the agency and say, what's the data you have on this? How will we measure success? How will we know that what the intention is actually makes an impact where it matters? The problem is we haven't heard that. What we did here is that I'll never bring a bill to the floor here. That's what we heard. And that's the sad part because we could add value to passing laws in this chamber. That is a sad reality we face here. Because even having reasonable debate, which I think was very respectful, there was an underlying dig that we run the chamber, you get nothing. That is really not collegial. I never stand up here and berate anybody. That is a fact. And the fact is the bills that you often put forward can be improved. And that's all I try and do. I try and ask questions to make you think, to make us be a better legislature. That didn't happen today. Thank you, madam speaker.
[Acting Speaker Pamela J. Hunter]: Thank you. Read the last section.
[Assembly Reading Clerk]: This action will take effect on the sixtieth day.
[Acting Speaker Pamela J. Hunter]: Party vote has been requested. Miss Walsh.
[Assemblymember Mary Beth Walsh]: Thank you, madam speaker. The republican conference will be in the negative on this piece of legislation. Should anyone wish to vote yes, now would be the time to do so at their seats. Thank you.
[Acting Speaker Pamela J. Hunter]: Thank you, mister Voll.
[Speaker 0]: Thank you, madam speaker. The majority conference will be in the affirmative on this piece of legislation. For those that would like to vote in a different direction, they could do so here in the chamber.
[Acting Speaker Pamela J. Hunter]: The clerk will record the vote. Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes 92, noes 47.
[Acting Speaker Pamela J. Hunter]: The bill is passed, mister Fall, for the purpose of an introduction.
[Speaker 0]: Thank you madam speaker. On behalf of Ms. Lunsford and the entire Monroe delegation, Monroe County delegation, I would like to introduce Maria Cristale who is the president and CEO of the Hillside family and agencies in Rochester, New York. Hillside provides community based services, education and residential treatment to children in forced care and other alternative placement settings. She has held various leadership positions at Hillside since 1991 and serves our community through incredible tenacity, passion and commitment to children in need. She is accompanied by her partner Scott Power. Madam Speaker, if you could extend the cordialities and welcome these amazing individuals to the People's House.
[Acting Speaker Pamela J. Hunter]: On behalf of Ms. Lundsford, the Monroe County delegation, the speaker and all members, we welcome you to the Assembly Chamber and extend to you the privileges of the floor. Wonderful to see you again. The Hillside Family of Agencies is an exemplary organization and we love to have it in Syracuse as well. So it's great to see you here. We hope you enjoy the proceedings today and thank you and your partner for being here today. Thank you so much for joining us. Mr. Fall for the purpose of an introduction.
[Speaker 0]: Thank you madam speaker. On behalf of miss Hyman and the entire Queen's delegation, it is an honor and pleasure to introduce mister Thomas Grench who is the president and chief executive officer of the oldest and the largest business association in Queens County. The chamber represents over 1,400 organizations. If you could be so kind to extend the cordialities and welcome Mr. Thomas to the people's house.
[Acting Speaker Pamela J. Hunter]: On behalf of Ms. Hindman, the Queen's delegation, the speaker, and all members, we welcome you mister French to the assembly chamber and extend you the privileges of the floor. Congratulations on the success of your association, and happy Queen's Day to you. Thank you for being here today and for joining us here on the Assembly Chamber. Page 15, calendar number 99. Clerk will read.
[Assembly Reading Clerk]: Assembly number 2,633, calendar 99, miss Lunsford, an act in relation to directing the president of the state civil service commission to conduct a study.
[Acting Speaker Pamela J. Hunter]: An explanation has been requested. Miss Lunsford.
[Assemblymember Jen Lunsford]: Thank you, madam speaker. This bill directs the president of the civil service commission to conduct a study on vacancies in state agencies to help assess how understaffed the state government is.
[Acting Speaker Pamela J. Hunter]: Miss Walsh.
[Assemblymember Mary Beth Walsh]: Thank you, madam speaker. Will the sponsor yield, please?
[Acting Speaker Pamela J. Hunter]: Will the sponsor yield?
[Assemblymember Jen Lunsford]: Of course.
[Assemblymember Mary Beth Walsh]: Sponsor yield. Thank you very much. So when I first read the bill, I
[Assemblymember Jen Lunsford]: guess my initial reaction was, aren't we already doing this? I wish we were. And I have made a number of inquiries over the years to civil service, to the comptroller to try to get a comprehensive understanding of just how many positions are open, how many FTEs we've budgeted for, how many FTEs are employed, and shockingly it has been difficult to get a comprehensive overview.
[Assemblymember Mary Beth Walsh]: Is that shockingly difficult more in some agencies than others? I mean we want you to spill the tea here. Who's who's not responding to your questions?
[Assemblymember Jen Lunsford]: Well, I've not gone agency by agency because I am interested more in the overall government. But the responses I've been getting have been I think to suggest that this is more complicated than simply running a search through our budget or our database. So I said, oh, well, it seems that maybe a study would be more appropriate then. So I am suggesting that is what we do.
[Assemblymember Mary Beth Walsh]: So that was part of my question was, isn't the Department of Civil Service already required to work in conjunction with the Department of Labor and the Governor's Office of Employee Relations to make these employment opportunities publicly available? Yes. Okay. So for example, we've got State Jobs New York or State Jobs NY and the New York State Job Bank. They currently post vacancies for each state agency and department. Are are you saying, if I'm understanding you correctly, you're just saying that that's a little bit more piecemeal than what you want? You want a more comprehensive look at it?
[Assemblymember Jen Lunsford]: I cannot determine from those searches or my discussions with civil service or the comptroller whether we are posting to fill all of the vacancies for which we have budgeted. I don't know how many jobs are potentially being done by more than one person. There's no, as far as I know, comprehensive understanding about what we're filling, what we filled, what we expect to lose, what has been budgeted for versus not budgeted for. I come with just kind of like a broader overview as I think your office and mine probably struggle sometimes to get answers to simple questions, get people on the phone, and I know that all of our constituents share that. We've heard time and time again that it is a struggle to onboard new people, we don't have enough civil service exams. So I think this is just part of a broader push to figure out how to get a better handle on how staffed our state government should be.
[Assemblymember Mary Beth Walsh]: Very good. Now, and how much time would they have to prepare this
[Assemblymember Jen Lunsford]: report? I believe it is one year from the effective date. And the
[Assemblymember Mary Beth Walsh]: effective date looks like immediately? Oh, mean upon signing it.
[Assemblymember Michael Reilly]: Yes, it
[Assemblymember Jen Lunsford]: is immediately.
[Assemblymember Mary Beth Walsh]: Okay. Alright. And how would it work? So say you've got well, just we'll pick an agency, any agency. But if they've already internally counted and figured out and have this data, the president of the state civil service commission will not have to go in they can just pick up and remove and bring in that data that's already been collected from each agency? Absolutely. I would hope that this
[Assemblymember Jen Lunsford]: would be a relatively quick study.
[Assemblymember Mary Beth Walsh]: And any idea of well, you're giving a year, but you think that it will be kind of
[Assemblymember Jen Lunsford]: a quick study? I would hope that every agency has these numbers at their fingertips, and if not, that it really shouldn't be all that challenging, especially because every agency, every budget year is asked to account for their payroll, how many FTEs they expect. We add FTEs from time to time that this should be a calculation that if it is not already done for the year is being prepared to be done for the next year should be relatively quick. Okay. And the study it says this, I'm reading for the bill now, the study shall examine how many full time and part time positions are budgeted for in each agency, how many of those budgeted for positions remain vacant, and
[Assemblymember Mary Beth Walsh]: how long those positions have been vacant. Do you think that that will get at the idea of let's say that an agency has had 10 positions that have been vacant for five years, you know, is that you want to know how long they've remained vacant but there really isn't the explanation, I guess, of whether those positions are necessary or not.
[Assemblymember Jen Lunsford]: Well, think that gives us the foundation upon which to begin asking questions. I sometimes think that we don't always know what to ask because we don't know what we don't know. So as we're examining where there are perhaps vacancies because those roles have become more challenging to fill or where there has just been for whatever reason no effort to fill those positions in various agencies, we then will be able to assess on an agency by agency basis. And I'm guessing we're gonna find different answers throughout the government. But I think having a comprehensive basis upon which to build our inquiries will give us a better idea of how we can get our arms around a problem I think we all recognize.
[Assemblymember Mary Beth Walsh]: Would it be your hope that once that, I guess, data has been collected in that report that we may be able to trim down the state workforce?
[Assemblymember Jen Lunsford]: No. I actually hope that we can increase the state workforce because I have a working thesis that we are wildly understaffed based on virtually every experience I have had with every agency I've ever had to encounter. There's always a challenge with getting something done quickly, getting someone on the phone. I have to imagine and I think just a cursory view shows that there's a fair amount of open positions. But I think that we need to figure out how to best serve the needs of New Yorkers. I think you and I have both seen even in since COVID. How many times someone has to call one of our offices just to get in touch with a state agency that they should be able to call directly and I have watched that kind of get worse over the years. I'd really like to increase the service our constituents get where they don't have to interact with a political office or an elected official just to get, say, unemployment to call them back. And time and time again we keep encountering that. So in order to address those issues as they're arising, I'd just like to know what we're working with.
[Assemblymember Mary Beth Walsh]: No, I can appreciate that. That's certainly something I think probably all of us at our offices in our constituent work, do definitely see that. Speaking of thesis, there's been a thesis that's been put out by some that we need to make improvements in tier six because we can't recruit and retain enough people for the state workforce. Do you think that the results of this if this bill becomes a law that and this report is completed, that it may provide valuable information to that conversation?
[Assemblymember Jen Lunsford]: Hopefully it will and even if the report itself doesn't, I think it will give us an opportunity to begin making inquiries particularly I think in more competitive industries like nursing. You know, the idea used to be that a job with a government provided you stability, it provided you pensions and good benefits so that you could trade off maybe not making as much as you'd make in the private sector. And I think we don't know that that trade off is as worth it to people as it used to be. This will give us the information we need to examine those issues in a more direct way. I definitely agree with you and you've you
[Assemblymember Mary Beth Walsh]: said it well earlier about that this report could provide very valuable information to all of us here in the way that in the way that we do our work and serve our constituents. So I guess my final question is, why would the report only be provided to the governor, the temporary president of the senate, and the speaker of the assembly and not delivered to any of the minority leaders?
[Assemblymember Jen Lunsford]: I think that's just a vestige of how the study bill we based this on was written. I think that's how a lot of study bills are written. In the future, I don't do a lot of study bills. I'm more than happy to provide broader direction. But of course I will always provide information to you. Once I receive information I will convey it, but I'm sure the speaker will as well.
[Assemblymember Mary Beth Walsh]: Thank you very much. Appreciate your answers to my questions. Thank you. Madam Speaker, on the bill.
[Acting Speaker Pamela J. Hunter]: On the bill.
[Assemblymember Mary Beth Walsh]: So I think that some of us may feel that this is just kind of additional bureaucracy and additional study that really we don't need and honestly that each agency should be doing already as part of their regular job is figuring out what their workforce in their particular agency, how it's functioning, where their vacancies are, and where there are needs to hire. There are others who will believe that this information could be very valuable to all of us. And I do appreciate that the sponsor is willing to share the results of the report with the minority, I would of course feel a lot more comfortable and feel that it was fair because it does impact all of us and our representation of our constituents to just have that simply written out that way in the bill. So I would expect that there will be a smattering of votes probably each way, but I do appreciate the sponsors answering my questions. And thank you very much, madam speaker.
[Acting Speaker Pamela J. Hunter]: Read the last section.
[Assembly Reading Clerk]: This action will take effect immediately.
[Assembly Recording Clerk]: The clerk will record the vote.
[Acting Speaker Pamela J. Hunter]: Are there any other votes? Announce the results.
[Assembly Reading Clerk]: Ayes, one twenty four. Noes, 15.
[Acting Speaker Pamela J. Hunter]: The bill is passed. Mister Fall.
[Speaker 0]: Madam speaker, do we have further housekeeping or resolutions?
[Acting Speaker Pamela J. Hunter]: We have no housekeeping. Just wanna take a moment to wish our clerk of the assembly a happy birthday to Marianne Dandals. 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 I. Opposed, no. The resolutions are adopted. Mr. Fall.
[Speaker 0]: Thank you. Happy birthday, madam clerk. I now move that the assembly stand adjourned and that we will reconvene at eleven a. M. Wednesday, May 6, tomorrow being a session day.
[Acting Speaker Pamela J. Hunter]: On Mr. Fowles' motion, the house stands adjourned.