MONDAY, JANUARY 29, 2018 2:22 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

RABBI RUBIN WILL OFFER A PRAYER.

RABBI ISRAEL RUBIN: THIS WEEK, THE JEWISH

CALENDAR MARKS TU B'SHVAT, THE NEW YEAR FOR TREES, WHEN DEEP

WITHIN THE TRUNK, NEW SAP BEGINS TO SIR, EVENTUALLY TO BLOSSOM FORTH

INTO LEAVES, FLOWERS AND FRUIT. IT IS CUSTOMARY TO EAT EXOTIC FRUIT,

ESPECIALLY CAROB, TO SHOW APPRECIATION THAT EVERY FRUIT IS A BLESSING.

WHY CAROB? IN THE TRACTATE TA'ANIT, THE 2,000 YEAR TALMUD PREDATES

THE RIP VAN WINKLE LEGEND OF SLEEPY HOLLOW WITH THE ORIGINAL ANCIENT

SAGE WHO WAS HONI HA-MAGEL. HONI HAD WONDERED WHY AN OLD FARMER

WOULD TAKE TIME AND EFFORT TO PLANT A CAROB TREE WHEN HE COULD NOT

PERSONALLY LIVE TO ENJOY THE FRUIT OF HIS LABOR. BUT THE FARMER

NYS ASSEMBLY JANUARY 29, 2018

RESPONDED, JUST AS MY ANCESTORS BEFORE HAD PLANTED FOR ME, SO DO I

PLANT FOR FUTURE DESCENDENTS. MORE THAN JUST POETIC, TREES SEND A

SERIOUS MESSAGE. MORE THAN JUST NICE TO LOOK AT, TREES AND PLANTS ARE

ESSENTIAL TO A HEALTHY WORLD AND ENVIRONMENT.

ALMIGHTY GOD, WE PRAY THAT YOU ENDOW AND INSPIRE

THE HONORABLE MEN AND WOMEN OF THIS GREAT ASSEMBLY WITH GOOD

VISION AND WISDOM TO THINK FORWARD TO FRUIT WHEN EVEN NOW, PRESENTLY,

THERE SEEMS TO BE BARE AND BARREN, TO PLAN AHEAD FOR FUTURE GROWTH AND

SUSTAINABILITY AND LOOK FORWARD AND YEARN FOR THE SPRING. AMEN.

ACTING SPEAKER AUBRY: VISITORS ARE INVITED

TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF SUNDAY, JANUARY 28TH.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I MOVE

TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, JANUARY

28TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, MR. SPEAKER,

COLLEAGUES. WELCOME BACK TO THE CAPITOL. BEFORE I GIVE OUR SCHEDULE

FOR THE DAY, I DO WANT TO NOTE THAT ON THIS DAY IN 1936, THE FIRST MAJOR

NYS ASSEMBLY JANUARY 29, 2018

LEAGUE BASEBALL HALL OF FAME CLASS WAS INDUCTED IN COOPERSTOWN,

NEW YORK. IT SEEMS APPROPRIATE, GIVEN THAT THERE'S A NEW CLASS THAT

WAS JUST ELECTED LAST WEEK. THE ORIGINAL AND INAUGURAL MEMBERS, TY

COBB, BABE RUTH, HONUS WAGNER, CHRISTY MATHEWSON AND WALTER

JOHNSON; THAT'S A PRETTY GOOD BALL CLUB.

AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU

KNOW THAT LYONS, NEW YORK, WHICH IS IN THE 130TH ASSEMBLY DISTRICT

REPRESENTED BY OUR FRIEND, MR. OAKS, WAS LONG CONSIDERED THE

PEPPERMINT CAPITAL OF THE WORLD? AND THIS IS BECAUSE THE H.G.

HOTCHKISS INTERNATIONAL PRIZE MEDAL ESSENTIAL OIL COMPANY - IS THAT A

MOUTHFUL - WAS FOUNDED IN PHELPS, NEW YORK AND MOVED TO LYONS IN

1841. THEY BECAME THE LARGEST COMPANY OF THEIR KIND IN THE WORLD

AND AFTER A LONG AND SUCCESSFUL HISTORY, MADE THEM KNOWN AS THE

PEPPERMINT CAPITAL OF THE WORLD FOR MANY YEARS TO COME. SO, YOU JUST

DON'T KNOW HOW EXTRAORDINARILY DIVERSE NEW YORK IS.

AND LET ME GIVE OUR CALENDAR FOR THE DAY AND, OF

COURSE, WANT TO THANK RABBI RUBIN FOR BEING IN THE CHAMBER ONCE

AGAIN. WE ALWAYS LOOK FORWARD TO HIS PRESENCE AND THE TU B'SHVAT

TABLE FOR MEMBERS AND GUESTS TO ENJOY.

MR. SPEAKER, WE HAVE ON OUR DESKS A MAIN CALENDAR,

WHICH HAS 12 NEW BILLS ON THE CALENDAR FOR THE FIRST TIME THIS WEEK.

AFTER ANY INTRODUCTIONS AND HOUSEKEEPING, OUR PRINCIPAL WORK OF THE

AFTERNOON WILL BE TO TAKE UP THE NEW BILLS ON CONSENT. WE'LL BEGIN THAT

WITH CALENDAR NO. 614 THROUGH CALENDAR NO. 625. ONCE WE CONCLUDE

THAT, WE WILL CONTINUE WITH OUR CONSENT OF BILLS THAT ARE ALREADY ON THE

NYS ASSEMBLY JANUARY 29, 2018

CALENDAR, BEGINNING WITH CALENDAR NO. 99 WHICH MEMBERS WILL FIND

ON PAGE 18. MEMBERS OF THE CODES COMMITTEE, PLEASE BE AWARE THERE

WILL BE A MEETING OFF THE FLOOR THIS AFTERNOON, SO PLEASE STAY AROUND THE

CHAMBER AND LISTEN TO ANNOUNCEMENTS FROM THE DESK AS TO WHEN THAT

MEETING WILL OCCUR. FOR MAJORITY MEMBERS, THERE WILL BE THE NEED FOR

A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF OUR WORK ON THE -- IN

THE CHAMBER THIS AFTERNOON. I WILL CONTINUE TO CONSULT, OF COURSE, WITH

MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO SEE IF THEY HAVE ANY

CONFERENCE NEEDS THROUGHOUT THE AFTERNOON.

WITH THAT, MR. SPEAKER, THIS IS THE APPROPRIATE TIME

FOR ANY INTRODUCTIONS AND HOUSEKEEPING.

ACTING SPEAKER AUBRY: FOR THE PURPOSES OF

AN INTRODUCTION, MS. FAHY.

MS. FAHY: THANK YOU, MR. SPEAKER, AND I ASK THAT

YOU JOIN ME IN WELCOMING OUR RABBI WHO PRESENTED SO ELOQUENTLY THIS

AFTERNOON. WE WELCOME HIM BACK. HE'S BEEN HERE MANY -- PROBABLY

MANY MORE TIMES THAN I HAVE BEEN HERE OVER THE YEARS. AND RABBI

RUBIN CARRIES SO MANY TITLES, BUT HE'S HERE PARTICULARLY TODAY IN

CELEBRATION OF TU B'SHVAT, WHICH IS THE NEW YEAR FOR TREES AND THEY

HAVE A -- HE, ALONG WITH A NUMBER OF THE YOUNG WOMEN FROM THE

ALBANY MAIMONIDES HEBREW DAY SCHOOL ARE HERE TO SHARE A NUMBER

OF TREATS. SO, I ASK ALL TO STOP BY AND ENJOY SOME OF THOSE TREATS.

BUT THE RABBI NOT ONLY IS THE SPIRITUAL LEADER HERE AND

HAS BEEN ACTIVE IN NUMEROUS CONGREGATIONS AND JEWISH ORGANIZATIONS,

HE ALSO IS THE AUTHOR OF A NUMBER OF ETHICS AND EDUCATIONAL BOOKS, BUT

NYS ASSEMBLY JANUARY 29, 2018

HE MOST PARTICULARLY IS ALWAYS INVOLVED IN OUTREACH PROGRAMS,

PARTICULARLY WITH OUR YOUNG PEOPLE. SO, WHEN HE TALKS ABOUT THINKING

FORWARD AND WHEN HE TALKS ABOUT THE SIGNIFICANCE OF TREES AND PLANNING

FOR FUTURE -- FUTURE GENERATIONS, HE LIVES WHAT HE SPEAKS, AND THAT IS HE

IS ALWAYS THERE TO EDUCATE AND -- AND NURTURE OUR YOUNG PEOPLE,

INCLUDING THE LOVELY YOUNG WOMEN FROM THE DAY SCHOOL THAT ARE HERE

TODAY. SO IF YOU WOULD, MR. SPEAKER, PLEASE JOIN ME IN -- IN

WELCOMING HIM AND EXTENDING ALL CORDIALITIES OF THE HOUSE. THANK

YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. FAHY, MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, RABBI

RUBIN, WE THANK YOU SO VERY MUCH FOR COMING AND SHARING YOUR

BLESSING WITH US AND FOR THIS -- THIS HOLIDAY THAT REMINDS US THAT SPRING

IS JUST AROUND THE CORNER. THANK YOU SO VERY MUCH. YOU'RE ALWAYS

WELCOME HERE.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT THE PROCEEDINGS TO INTRODUCE A

DYNAMIC YOUNG LADY FROM ERIE COMMUNITY COLLEGE. SHE IS A PART OF

FOSTERING YOUTH SUCCESS ALLIANCE. MANY OF THEM ARE HERE WITH US

TODAY SHADOWING US, MR. SPEAKER. DEJA WILSON IS AN ERIE COMMUNITY

COLLEGE STUDENT. SHE IS STUDYING SOCIAL SCIENCES AND FORENSIC STUDIES.

SHE IS A POWERFUL YOUNG LADY WHO HAS BEEN THROUGH A LOT IN HER LIFE,

BUT SHE IS DOING VERY WELL, AND WE'RE VERY PROUD OF HER. I WANT TO

NYS ASSEMBLY JANUARY 29, 2018

COMMEND MY COLLEAGUE, DEBORAH GLICK, FOR HER WORK ON PULLING

TOGETHER THESE OPPORTUNITIES TO FOSTER YOUTH AND SUCCESS WITH THIS

ALLIANCE, AND CERTAINLY WANT TO THANK THE ALLIANCE FOR THE WORK THAT

THEY DO WITH YOUNG PEOPLE ACROSS THE STATE OF NEW YORK WHO HAVE

HAD THE FOSTERING AND EXPERIENCE, BUT, YET, ARE STILL ABLE TO LIVE THRIVING

YOUNG ADULT LIVES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. WE COMMEND YOU ON THE ACADEMIC

WORK THAT YOU'RE DOING. WE HOPE YOU WILL BE SUCCESSFUL IN THAT

ENDEAVOR AND, YOU KNOW, ONE DAY MAYBE COME AND REPRESENT YOUR

COMMUNITY HERE IN THE NEW YORK STATE ASSEMBLY. THANK YOU SO VERY

MUCH.

(APPLAUSE)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER, FOR

ALLOWING A BRIEF INTERRUPTION SO I MAY INTRODUCE TWO DISTINGUISHED

GUESTS WHO ARE MEMBERS OF THE MONROE COUNTY LEGISLATURE AND HAVE

JOINED US HERE TODAY. THEY'RE IN TOWN FOR THEIR ANNUAL NYSAC - NEW

YORK ASSOCIATION OF COUNTIES - MEETING. THEY ARE CINDY KALEH AND

HOWARD MAFFUCCI. CINDY, WHO IS A LONG-TIME FRIEND, SERVES THE

MINORITY LEADER OF THE COUNTY LEGISLATURE AND HAS REPRESENTED THE

28TH DISTRICT SINCE 2008. SHE IS THE CURRENT PRESIDENT AND LONG-TIME

MEMBER OF THE MAPLEWOOD NEIGHBORHOOD ASSOCIATION AND SHE

NYS ASSEMBLY JANUARY 29, 2018

CONTINUES TO PLAY A CRITICAL LEADERSHIP ROLE IN LEADING OUR

NEIGHBORHOODS FORWARD.

HOWARD MAFFUCCI HAS JUST BEEN ELECTED TO THE MONROE

COUNTY LEGISLATURE THIS PAST NOVEMBER AND REPRESENTS THE 10TH

DISTRICT, INCLUDING THE TOWNS OF BRIGHTON, EAST ROCHESTER AND

PITTSFORD, AND PRIOR TO HIS ELECTION, HOWARD BEGAN HIS CAREER AS A

SEVENTH AND EIGHTH GRADE SOCIAL STUDIES TEACHER, AND BECAME ASSISTANT

PRINCIPAL AT A LOCAL HIGH SCHOOL AND WENT ON TO SERVE AS THE

SUPERINTENDENT OF THE EAST ROCHESTER SCHOOLS FOR 14 YEARS. HE'S A

LONG-TIME FRIEND. I REMEMBER HOWARD COMING IN AND TALKING ABOUT

EDUCATION ISSUES.

I'M DELIGHTED THAT THEY'RE BOTH IN THE CHAMBER

REPRESENTING OUR COMMUNITY WITH DISTINCTION, AND IF YOU WOULD PLEASE

EXTEND ALL THE CORDIALITIES OF THE HOUSE ON BEHALF OF MYSELF AND THE

MEMBERS OF THE MONROE COUNTY DELEGATION.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MORELLE, THE MONROE COUNTY DELEGATION, THE SPEAKER AND ALL

THE MEMBERS, WE WELCOME THESE TWO DISTINGUISHED GUESTS HERE TO THE

NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR, HOPE THAT YOU HAVE AN ENJOYABLE DAY HERE AND -- WATCHING AND

PARTICIPATING WITH US IN THE PROCEEDINGS. WE ALSO COMMEND YOU ON

YOUR TERMS OF PUBLIC SERVICE. WE KNOW HOW HARD THAT IS AND WE KNOW

HOW WELL-APPRECIATED YOU MUST BE IN YOUR HOME COMMUNITIES. THANK

YOU SO VERY MUCH.

(APPLAUSE)

NYS ASSEMBLY JANUARY 29, 2018

MS. JAFFEE.

MS. JAFFEE: THANK YOU, MR. SPEAKER. I'M REALLY

VERY PLEASED TO BE RECOGNIZING A VERY EXTRAORDINARY YOUNG WOMAN

WHO IS MY FOSTER CARE SHADOW TODAY. SHE IS A LOVELY YOUNG WOMAN.

HER NAME IS ALEAH HOLLAND AND SHE IS ATTENDING MEDGAR EVERS

COLLEGE AT THIS TIME STUDYING PSYCHOLOGY, WHICH IS SO ESSENTIAL IN OUR

COMMUNITIES NOW. SHE IS VERY BRIGHT AND VERY CORDIAL AND SHE'S A

LOVELY YOUNG WOMAN. SO I WOULD ASK IF YOU, MR. SPEAKER, IF YOU

WOULD EXTEND THE CORDIALITIES OF THE HOUSE AND WELCOME HER TO THE

CHAMBER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, WE EXTEND TO YOU THE

PRIVILEGES OF THE HOUSE. WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY, THE PEOPLE'S HOUSE. WE HOPE THAT YOUR DAY SHADOWING MS.

JAFFEE WILL BE BENEFICIAL. WE KNOW THAT THE ENTIRE BOROUGH OF

BROOKLYN IS PROUD OF YOU AND WE WILL CONTINUE TO BE PROUD OF YOU.

THANK YOU AND BE WELL.

(APPLAUSE)

A LITTLE HOUSEKEEPING, "LITTLE" BEING THE NON-OPERATIVE

WORD.

ON A MOTION BY MR. DINOWITZ, PAGE 5, CALENDAR NO.

622, BILL NO. A-9009, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. ORTIZ, PAGE 40, CALENDAR NO.

211, BILL NO. A-2660-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. CRESPO, PAGE 61, CALENDAR NO.

NYS ASSEMBLY JANUARY 29, 2018

NO. 330, BILL NO. A-4348, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. PAULIN, PAGE 89, CALENDAR NO.

467, BILL NO. A-6720, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. ROZIC, PAGE 87, CALENDAR NO.

458, BILL NO. A-6396-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. CARROLL, PAGE 6, RULES REPORT

NO. 1, BILL NO. A-8917-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

AND THE WINNER OF THE DAY IS ON A MOTION BY MR.

DINOWITZ THE FOLLOWING BILLS CURRENTLY ON THIRD READING ARE

COMMITTED BACK TO THE COMMITTEE -- FOLLOWING COMMITTEES: BILL NO.

A-2320, CALENDAR NO. 173, PAGE 33, CODES; A-2321, BILL NO --

CALENDAR NO. 174, PAGE 33, CORPORATIONS; A -- BILL NO. A-3740,

CALENDAR NO. 284, PAGE 53, CORPORATIONS; BILL NO. A-3749, CALENDAR

NO. 285, PAGE NO. 53, CORPORATIONS; BILL NO. A-3773, CALENDAR NO.

287, PAGE 54, CORPORATIONS; BILL NO. A-3774, CALENDAR NO. 288, PAGE

NO. 54, WAYS AND MEANS, AND BILL NO. A-3777, CALENDAR NO. 289,

PAGE 54, CORPORATIONS.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. IF WE

COULD BEGIN ON PAGE 3 OF THE MAIN CALENDAR, ASSEMBLY RESOLUTION NO.

779 BY MS. LUPARDO.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 779, MS.

LUPARDO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM JANUARY 2018 AS POVERTY AWARENESS MONTH IN THE

NYS ASSEMBLY JANUARY 29, 2018

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, MR. SPEAKER. AS I

INDICATED, I'D LIKE TO BEGIN ON PAGE 4 OF THE MAIN CALENDAR AND TAKE,

ON CONSENT, THE NEW BILLS TO THE CALENDAR BEGINNING WITH CALENDAR NO.

614 BY MS. ROZIC.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01208, CALENDAR NO.

614, ROZIC, BARRON, BLAKE, GOTTFRIED, JAFFEE, MOSLEY, O'DONNELL,

PICHARDO, QUART, STIRPE. AN ACT TO AMEND THE CORRECTION LAW, IN

RELATION TO PERSONAL PHONE CALLS FOR INMATES IN CERTAIN CIRCUMSTANCES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07906, CALENDAR NO.

615, SCHIMMINGER, WALTER. AN ACT TO AMEND CHAPTER 297 OF THE LAWS

OF 2016, AMENDING THE ALCOHOLIC BEVERAGE CONTROL LAW AND THE

EXECUTIVE LAW RELATING TO A REORGANIZATION OF THE ALCOHOLIC BEVERAGE

CONTROL LAW, IN RELATION TO ELIMINATING THE EXPIRATION AND REPEAL OF

CERTAIN PROVISIONS AUTHORIZING SEVEN DAY LICENSE HOLDERS TO SELL GIFT

BAGS AND AUTHORIZING MANUFACTURERS TO TRANSPORT ALCOHOLIC BEVERAGES TO

AN ADJACENT RETAIL PREMISES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JANUARY 29, 2018

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES

AND GENTLEMEN, THIS REPRESENTS OUR FIRST VOTE OF THE DAY SO PLEASE CAST

YOUR VOTES. THOSE INDIVIDUALS WHO ARE OUTSIDE THE CHAMBER OR

SERGEANT-OF-ARMS WHO CAN HEAR US AND CAN ENCOURAGE THOSE MEMBERS

TO COME IN AND CAST THEIR FIRST VOTE OF THE DAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS. PLEASE CAST YOUR VOTES. IF YOU ARE OUTSIDE OF THE CHAMBER,

PLEASE COME IN AND VOTE NOW. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. IF WE

COULD JUST INTERRUPT TO ASK MEMBERS OF THE CODES COMMITTEE TO JOIN --

TO JOIN THE CHAIR, MR. LENTOL, IN THE SPEAKER'S CONFERENCE ROOM.

MEMBERS OF THE CODES COMMITTEE.

ACTING SPEAKER AUBRY: CODES COMMITTEE,

SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08915, CALENDAR NO.

616, GOTTFRIED, LUPARDO, MCDONALD, D'URSO, ABINANTI, WRIGHT, M.G.

NYS ASSEMBLY JANUARY 29, 2018

MILLER, SIMON, WEPRIN, LIFTON, ZEBROWSKI, MCDONOUGH, MORINELLO.

AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO AUTHORIZATION TO

PRESCRIBE CONTROLLED SUBSTANCES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08933, CALENDAR NO.

617, MORELLE. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

CERTAIN SUPPLEMENTARY INSURANCE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

MORELLE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08958, CALENDAR NO.

618, WEPRIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

ENROLLING INMATES INTO PROGRAMS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JANUARY 29, 2018

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08960, CALENDAR NO.

619, WEPRIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

REQUIRING BOARD OF PAROLE ADMINISTRATIVE APPEAL FINDINGS AND

RECOMMENDATIONS TO BE PUBLISHED ON A WEBSITE AND PROVIDED TO

CORRECTIONAL FACILITY LAW LIBRARIES.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08991, CALENDAR NO.

620, MAYER. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

ESTABLISHING AN INTERNET MAPPING RESOURCE OF CHILD CARE PROVIDERS AND

AFTER-SCHOOL PROGRAMS; TO AMEND THE EDUCATION LAW, IN RELATION TO

ADMINISTRATION OF AFTER-SCHOOL PROGRAMS; AND TO REPEAL SUBDIVISIONS 39

AND 40 OF SECTION 2 OF THE SOCIAL SERVICES LAW, RELATING TO THE

DEFINITIONS OF AFTER-SCHOOL PROGRAM AND SUMMER PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

MAYER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JANUARY 29, 2018

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09000, CALENDAR NO.

621, DINOWITZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN

RELATION TO THE PRIVILEGE BETWEEN A PERSONAL REPRESENTATIVE AND THE

ATTORNEY TO LIFETIME TRUSTEES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY -- ASSEMBLY NO. A09009,

CALENDAR NO. 622, HAS BEEN AMENDED.

ASSEMBLY NO. A09016, CALENDAR NO. 623, O'DONNELL,

D'URSO, DICKENS, MCDONALD, STECK, MOSLEY, LUPARDO, ABINANTI. AN

ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ADDING OPIOID USE

DISORDER TO THE LIST OF CONDITIONS COVERED FOR LAWFUL MEDICAL USE OF

MARIHUANA.

NYS ASSEMBLY JANUARY 29, 2018

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09029, CALENDAR NO.

624, DINOWITZ. AN ACT TO AMEND THE JUDICIARY LAW, IN RELATION TO

ESTABLISHING A LAWYER REFERRAL SERVICE-CLIENT PRIVILEGE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. MONTESANO TO EXPLAIN HIS VOTE.

MR. MONTESANO: THANK YOU, MR. SPEAKER. JUST,

YOU KNOW, THIS TYPE OF BILL GIVES ME PAUSE BECAUSE WE'RE EXTENDING AN

ATTORNEY-CLIENT PRIVILEGE TO PEOPLE THAT ARE NOT ATTORNEYS. I UNDERSTAND

WHEN PEOPLE CALL A LAWYER REFERRAL SERVICE OR A BAR ASSOCIATION OR

SOME OTHER ORGANIZATION THAT PROVIDES LEGAL SERVICES, THEY SPEAK TO A

RECEPTIONIST OR AN INTAKE PERSON AND THEY MAY EXPLAIN CERTAIN THINGS TO

THEM ABOUT THEIR CASE. SO, I THINK IT'S UP TO THAT ORGANIZATION OR BAR

ASSOCIATION TO HAVE THEIR EMPLOYEES SIGN A CONFIDENTIALITY AGREEMENT,

NOT -- NOT TO DISCUSS THESE TYPES OF PHONE CALLS, YOU KNOW, WITH ANYONE

ELSE. BUT I THINK BY EXTENDING THE ATTORNEY-CLIENT PRIVILEGE TO PEOPLE

THAT ARE NOT ATTORNEYS, WE ARE DILUTING WHAT THAT PRIVILEGE REPRESENTS,

ESPECIALLY IN A COURT OF LAW, INVESTIGATIVE AGENCIES AND, ESPECIALLY, AND

MOST IMPORTANTLY, IN THE FEDERAL COURT SYSTEM AND FEDERAL LAW

ENFORCEMENT AGENCIES. SO FOR THESE REASONS, I'LL BE CASTING A NO VOTE.

THANK YOU.

NYS ASSEMBLY JANUARY 29, 2018

ACTING SPEAKER AUBRY: MR. MONTESANO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09052, CALENDAR NO.

625, SCHIMMINGER. AN ACT TO AMEND CHAPTER 396 OF THE LAWS OF 2010

AMENDING THE ALCOHOLIC BEVERAGE CONTROL LAW RELATING TO LIQUIDATOR'S

PERMITS AND TEMPORARY RETAIL PERMITS, IN RELATION TO THE EFFECTIVENESS OF

CERTAIN PROVISIONS THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. IF WE

COULD GO TO PAGE 18 OF THE MAIN CALENDAR, I'D LIKE TO BEGIN CONSENTING

WHERE WE LEFT OFF LAST WEEK WITH CALENDAR NO. 99 BY MS. WEINSTEIN.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01386, CALENDAR NO.

99, WEINSTEIN, DINOWITZ, JAFFEE, ZEBROWSKI, LAVINE, L. ROSENTHAL,

NYS ASSEMBLY JANUARY 29, 2018

M.G. MILLER, AUBRY, LIFTON, JENNE, BRINDISI, PAULIN, COLTON,

SEPULVEDA, FAHY, PICHARDO, RICHARDSON, HYNDMAN, ABINANTI,

BENEDETTO, WEPRIN, WILLIAMS, JOYNER, SANTABARBARA, D'URSO. AN ACT

TO AMEND THE ESTATES, POWERS AND TRUSTS LAW, IN RELATION TO PAYMENT

AND DISTRIBUTION OF DAMAGES IN WRONGFUL DEATH ACTIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01387, CALENDAR NO.

100, WEINSTEIN, ABINANTI, HYNDMAN. AN ACT TO AMEND THE REAL

PROPERTY LAW, IN RELATION TO THE RECORDING OF A TRANSFER OR ASSIGNMENT

OF A MORTGAGE INTEREST.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01390, CALENDAR NO.

101, WEINSTEIN, TITONE, JAFFEE, PERRY, ZEBROWSKI, SEAWRIGHT, M.G.

MILLER, PAULIN, TITUS, OTIS, BICHOTTE. AN ACT TO AMEND THE CIVIL

PRACTICE LAW AND RULES, IN RELATION TO EXEMPTING PARTIES LIABLE FOR

FAILURE TO OBEY OR ENFORCE CERTAIN ORDERS OF PROTECTION OR TEMPORARY

ORDERS OF PROTECTION IN DOMESTIC VIOLENCE OF DOMESTIC RELATIONS MATTERS

FROM THE PROVISIONS OF ARTICLE 16 OF SUCH LAW, ENTITLED "LIMITED

LIABILITY OF PERSON JOINTLY LIABLE".

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01396-B, CALENDAR

NO. 102, ZEBROWSKI, WEPRIN, COLTON, BENEDETTO, STECK, SKOUFIS,

MURRAY, STIRPE, BRINDISI, GARBARINO, THIELE, DICKENS. AN ACT TO

AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO AUTHORIZING

TREATMENT OF WORKERS' COMPENSATION INJURIES BY AN OCCUPATIONAL

NYS ASSEMBLY JANUARY 29, 2018

THERAPY ASSISTANT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01401, CALENDAR NO.

103, ZEBROWSKI, GOTTFRIED. AN ACT TO AMEND THE GENERAL BUSINESS

LAW, IN RELATION TO AUTHORIZING THE ATTORNEY GENERAL TO BRING AN ACTION

FOR VIOLATION OF THE PROHIBITIONS CONCERNING UNLAWFUL SELLING PRACTICES

AND SPECIFYING DAMAGES AWARDABLE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01408, CALENDAR NO.

105, WEINSTEIN, COOK, LENTOL, HYNDMAN, TITUS, SKOUFIS, SEPULVEDA,

NYS ASSEMBLY JANUARY 29, 2018

COLTON, WEPRIN. AN ACT TO AMEND THE REAL PROPERTY LAW, THE CIVIL

PRACTICE LAW AND RULES, AND THE CRIMINAL PROCEDURE LAW, IN RELATION

TO DISTRESSED HOME LOANS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01422, CALENDAR NO.

107, WEINSTEIN, GOTTFRIED, O'DONNELL, PERRY, ABINANTI, SEAWRIGHT,

COLTON, OTIS. AN ACT TO AMEND THE SOCIAL SERVICES LAW AND THE PUBLIC

HEALTH LAW, IN RELATION TO GRANTING RESIDENTS OF ADULT CARE FACILITIES A

CAUSE OF ACTION TO SEEK THE APPOINTMENT OF TEMPORARY OPERATORS OF

SUCH FACILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01423, CALENDAR NO.

108, WEINSTEIN, JAFFEE, ABINANTI, TITONE, M.G. MILLER, HYNDMAN,

COLTON. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS

LAW, IN RELATION TO TITLE TO AN ABANDONED MULTIPLE DWELLING IN A CITY,

TOWN OR VILLAGE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01452, CALENDAR NO.

NYS ASSEMBLY JANUARY 29, 2018

109, ZEBROWSKI. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

RELATION TO EXPANDING THE LENGTH OF TIME TO PAY DELINQUENT TAXES IN

INSTALLMENTS TO 36 MONTHS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01481-A, CALENDAR

NO. 110, WEINSTEIN, SIMOTAS, JAFFEE, FAHY, L. ROSENTHAL, PERRY,

ZEBROWSKI, M.G. MILLER, PAULIN, SKOUFIS, TITUS, GOTTFRIED, BLAKE, OTIS,

LAVINE, COLTON, SEAWRIGHT, BICHOTTE. AN ACT TO AMEND THE EXECUTIVE

LAW, IN RELATION TO PROHIBITING EMPLOYERS FROM DISCRIMINATING AGAINST

VICTIMS OF DOMESTIC VIOLENCE; AND TO REPEAL CERTAIN PROVISIONS OF SUCH

LAW RELATING THERETO.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01498, CALENDAR NO.

111, WEINSTEIN, PERRY, BLAKE, HYNDMAN, COLTON, ABINANTI. AN ACT TO

AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO

THE FAILURE TO RAISE THE DEFENSE OF LACK OF STANDING IN A MORTGAGE

FORECLOSURE ACTION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY JANUARY 29, 2018

THE CLERK: ASSEMBLY NO. A01505, CALENDAR NO.

113, ENGLEBRIGHT, LUPARDO, CRESPO, SOLAGES, L. ROSENTHAL, GALEF,

LIFTON, OTIS, COLTON, SKOUFIS. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW AND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO

ESTABLISHING A STATE GEOLOGICAL TRAIL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER, FOR

ALLOWING A BRIEF INTERRUPTION SO THAT WE CAN INTRODUCE TWO VERY

DISTINGUISHED INDIVIDUALS WHO HAVE JOINED US TODAY IN THE CHAMBER AS

GUESTS OF MS. JENNE. FIRST, WE ARE DELIGHTED TO HAVE LIEUTENANT

COLONEL TODD POLK, WHO IS HEAD OF PLANS, ANALYSIS AND INTEGRATION AT

FORT DRUM, AND HE IS JOINED BY ANDREW KENNEDY, WHO IS THE DIRECTOR

OF PLANS, TRAINING, MOBILIZATION AND SECURITY AT FORT DRUM. WE ARE

OBVIOUSLY DELIGHTED TO HAVE THESE TWO DISTINGUISHED AMERICANS IN THE

CHAMBER. NEXT WEEK, WE WILL BE CELEBRATING HERE AT THE CAPITOL FORT

DRUM DAY, SO WE'RE DELIGHTED TO HAVE THEM A WEEK AHEAD OF TIME AND,

HOPEFULLY, THEY'LL COME BACK NEXT WEEK, AS WELL, BUT THEY'RE IN THE

NYS ASSEMBLY JANUARY 29, 2018

CHAMBER TO OBSERVE THE LEGISLATIVE PROCEEDINGS AND, OBVIOUSLY, WE'RE

NOT ONLY DELIGHTED TO HAVE THEM, BUT VERY GRATEFUL FOR THEIR CONTINUED

SERVICE ON BEHALF OF THE PEOPLE OF THE STATE AND THE PEOPLE OF THE

UNITED STATES. IF YOU'D PLEASE EXTEND THE CORDIALITIES OF THE HOUSE, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. JENNE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. WE HOPE THAT YOU WILL ENJOY YOUR TIME WITH US AND, CLEARLY,

YOU HAVE MADE OUR ASSEMBLYWOMAN HAPPY THAT SHE HAS SOME VISITORS

FROM BACK HOME. THANK YOU SO VERY MUCH, AND THANK YOU FOR YOUR

SERVICE TO THIS STATE AND TO THIS COUNTRY.

(APPLAUSE)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. IF YOU

KINDLY CALL ON MR. OTIS FOR THE PURPOSES OF AN ANNOUNCEMENT.

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. OTIS: GOOD AFTERNOON, FRIENDS. THERE WILL BE

AN IMMEDIATE MEETING OF THE DEMOCRATIC CONFERENCE WHEN SESSION IS

CONCLUDED.

ACTING SPEAKER AUBRY: AT THE CONCLUSION OF

SESSION, DEMOCRATIC CONFERENCE.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I

UNDERSTAND YOU HAVE SOME HOUSEKEEPING AND RESOLUTIONS, IF WE COULD

NYS ASSEMBLY JANUARY 29, 2018

TAKE THEM UP?

ACTING SPEAKER AUBRY: CERTAINLY.

ON A MOTION BY MR. ENGLEBRIGHT, PAGE 73, CALENDAR

NO. 391, BILL NO. A-550 -- 40-B, AMENDMENTS ARE RECEIVED AND

ADOPTED.

ON A MOTION BY MR. ENGLEBRIGHT, PAGE 74, CALENDAR

NO. 396, BILL NO. A-5575, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MRS. GALEF, PAGE 81, CALENDAR NO.

428, BILL NO. A-5969, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE HAVE NUMEROUS RESOLUTIONS WHICH WE WILL TAKE UP

IN -- WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY

SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 772-778 AND

780-783 WERE UNANIMOUSLY APPROVED.)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I NOW

MOVE THAT THE ASSEMBLY STANDS ADJOURNED UNTIL TOMORROW, JANUARY

30TH AT 10:30 A.M., TOMORROW, MR. SPEAKER IS A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:03 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, JANUARY 30TH AT 10:30 A.M., TUESDAY BEING A

SESSION DAY.)