WEDNESDAY, MARCH 28, 2018 3:51

P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

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 TUESDAY, MARCH 27TH.

MR. MORELLE.

NYS ASSEMBLY MARCH 28, 2018

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

MOVE TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY,

MARCH 27TH, AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER,

COLLEAGUES. AS I'VE SAID THROUGHOUT THIS WEEK AND I'LL CONTINUE TO SAY,

WE APPRECIATE YOUR PATIENCE. THERE'S A LOT GOING ON RELATIVE TO BUDGET

DISCUSSIONS, AND WE'LL CONTINUE TO TRY TO WORK AROUND ALL THIS AND

HOPEFULLY AT THE END OF THIS WEEK WE'LL HAVE A FINAL BUDGET ADOPTED.

AND BEFORE I GO TO THE SCHEDULE FOR THIS AFTERNOON, LET

ME JUST NOTE THAT ON THIS DAY IN 1963, THE TITANS OF NEW YORK BECAME

THE NEW YORK JETS. FOUNDED BY HARRY WISMER IN 1960, THE AFL'S

TITANS HAD HOPED TO COMPETE WITH THE NFL'S NEW YORK GIANTS, BUT THE

FIRST TWO YEARS IN THE LEAGUE, THE TITANS WERE UNABLE TO SUSTAIN

ATTENDANCE AND TO MAKE MONEY. WISMER WAS FORCED TO SELL THE TITANS

FOR $1 MILLION TO SONNY WERBLIN, WHO CHANGED THE NAME TO THE JETS.

AND THEY STILL COMPETE WITH THE NEW YORK GIANTS.

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

KNOW THAT WHEN THE WILLIAMSBURG BRIDGE OPENED ON DECEMBER 19,

1903, IT WAS THE LONGEST SUSPENSION BRIDGE IN THE WORLD? THE BRIDGE IS

LOCATED IN THE 50TH ASSEMBLY DISTRICT REPRESENTED BY OUR FRIEND, MR.

LENTOL. IT HELD THAT TITLE UNTIL 1924 WHEN THE BEAR MOUNTAIN BRIDGE

OPENED ON THE HUDSON RIVER. THE MANHATTAN BRIDGE IS THE ONLY OTHER

NYS ASSEMBLY MARCH 28, 2018

SUSPENSION BRIDGE IN THE CITY OF NEW YORK.

AND WITH THAT, THAT'S A GOOD BRIDGE TO OUR SCHEDULE FOR

THE DAY, WHICH --

(LAUGHTER/JEERS)

I KNOW, THAT CAN'T BE ALL GOOD, FOLKS.

(LAUGHTER)

WE HAVE ON OUR DESKS A MAIN CALENDAR. AFTER -- IF

WE HAVE ANY HOUSEKEEPING, AND I DON'T KNOW THAT WE DO, WE WILL GO TO

RESOLUTIONS ON THE CALENDAR BEGINNING WITH CALENDAR NO. 596 ON PAGE

76. IN ADDITION, WE WILL BE TAKING UP OTHER BILLS FROM THE MAIN

CALENDAR. FOR MAJORITY MEMBERS, I WILL NOTE THAT THERE WILL BE THE

NEED FOR A BRIEF CONFERENCE AT THE CONCLUSION OF OUR SESSION TODAY, AND

I WILL, AS ALWAYS, CONTINUE TO CONSULT WITH MY FRIENDS IN THE MINORITY

TO SEE IF THEY HAVE SESSION NEEDS THROUGHOUT THE AFTERNOON AS TIME

GOES ON.

SO, MR. SPEAKER, I DON'T KNOW THAT TODAY THERE ARE ANY

INTRODUCTIONS OR HOUSEKEEPING.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

MR. MORELLE.

MR. MORELLE: VERY GOOD. SO WHY DON'T WE THEN

GO TO PAGE 3 OF THE MAIN CALENDAR, MR. SPEAKER, AND TAKE UP

ASSEMBLY RESOLUTION NO. 967 BY MRS. BARRETT.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 967, MRS. BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

NYS ASSEMBLY MARCH 28, 2018

ANDREW M. CUOMO TO PROCLAIM MARCH 20, 2018, AS AGRICULTURE DAY

IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF

NATIONAL AGRICULTURE DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

MR. MORELLE.

(PAUSE)

MR. MORELLE: MR. SPEAKER, IF WE COULD GO TO

PAGE 76 OF THE MAIN CALENDAR AND BEGIN CONSENTING WITH CALENDAR NO.

596 BY MRS. GUNTHER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08250, CALENDAR NO.

596, GUNTHER, SEPULVEDA, SANTABARBARA, ABINANTI, BUCHWALD,

DE LA ROSA. LEGIS -- AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO AUTHORIZING CERTAIN REPORTS RELATING TO REPORTABLE INCIDENTS

INVOLVING VULNERABLE PERSONS TO BE RELEASED TO OFFICERS AND EMPLOYEES

OF THE STATE COMPTROLLER FOR THE PURPOSES OF A DULY-AUTHORIZED

PERFORMANCE AUDIT.

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.)

(PAUSE)

NYS ASSEMBLY MARCH 28, 2018

MR. MORELLE.

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

REPRESENTS OUR FIRST VOTE OF THE DAY, SO LADIES AND GENTLEMEN, DON'T

FORGET TO CAST YOUR VOTE. THOSE WHO ARE NEAR THE CHAMBER AND CAN

HEAR THE SOUNDS OF OUR VOICE, PLEASE MAKE YOUR WAY IN FOR THE FIRST

VOTE OF THE DAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08254, CALENDAR NO.

597, HUNTER, TITUS. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

ASBESTOS DEMOLITION SURVEYS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08263-A, CALENDAR

NO. 598, CYMBROWITZ, HARRIS, SEPULVEDA, BARRON, ARROYO, SIMON,

DICKENS, DE LA ROSA. AN ACT TO AMEND THE EMERGENCY TENANT

PROTECTION ACT OF 1974, IN RELATION TO NOT-FOR-PROFITS' USE OF CERTAIN

RESIDENTIAL DWELLINGS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08266, CALENDAR NO.

599, ENGLEBRIGHT, SEPULVEDA, COLTON, LIFTON, THIELE, L. ROSENTHAL,

CARROLL, QUART, DINOWITZ, GALEF, LUPARDO, TITONE, ORTIZ, PHEFFER

AMATO, STECK, PELLEGRINO, BRINDISI, HARRIS, ABINANTI. AN ACT TO AMEND

NYS ASSEMBLY MARCH 28, 2018

THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO REGULATION OF TOXIC

CHEMICALS IN CHILDREN'S PRODUCTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08270-B, CALENDAR

NO. 600, ENGLEBRIGHT, LIFTON, FAHY, ORTIZ, CAHILL, WALKER, SEPULVEDA,

CARROLL, L. ROSENTHAL, THIELE, JAFFEE, SIMON, OTIS, DINOWITZ, WILLIAMS,

ROZIC, ABINANTI, MOSLEY, BARRETT, SKOUFIS, TITONE, STECK, GALEF,

GOTTFRIED, LUPARDO, PHEFFER AMATO, DE LA ROSA, JEAN-PIERRE, HARRIS,

COLTON, PELLEGRINO, CUSICK. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, THE PUBLIC SERVICE LAW, THE PUBLIC AUTHORITIES

LAW, THE LABOR LAW AND THE COMMUNITY RISK AND RESILIENCY ACT, IN

RELATION TO ESTABLISHING THE NEW YORK STATE CLIMATE AND COMMUNITY

PROTECTION ACT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08321-C, CALENDAR

NO. 601, SIMON, MAYER, WOERNER, ORTIZ, PEOPLES-STOKES, THIELE,

GOTTFRIED, PAULIN, SIMOTAS, NIOU, BARRETT, L. ROSENTHAL, MALLIOTAKIS,

MOSLEY, JAFFEE, WILLIAMS, HARRIS, GLICK, FAHY, D'URSO, GALEF. AN ACT

TO AMEND THE CIVIL SERVICE LAW, THE EXECUTIVE LAW, THE LEGISLATIVE

LAW, THE PUBLIC OFFICERS LAW, THE WORKERS' COMPENSATION LAW, THE

RAILROAD LAW, THE LABOR LAW, THE VEHICLE AND TRAFFIC LAW, THE PUBLIC

AUTHORITIES LAW, THE PUBLIC HOUSING LAW, THE PUBLIC HEALTH LAW, THE

GENERAL MUNICIPAL LAW, THE SECOND CLASS CITIES LAW, THE LOCAL

FINANCE LAW, THE MUNICIPAL HOME RULE LAW, THE GENERAL CITY LAW,

THE TOWN LAW, THE COUNTY LAW, THE MILITARY LAW, THE VILLAGE LAW,

NYS ASSEMBLY MARCH 28, 2018

THE EDUCATION LAW, THE MENTAL HYGIENE LAW, THE INDIAN LAW, THE

RETIREMENT AND SOCIAL SECURITY LAW, THE INSURANCE LAW, THE

NOT-FOR-PROFIT CORPORATION LAW, THE TAX LAW, THE GENERAL BUSINESS

LAW, THE SOCIAL SERVICES LAW, THE PENAL LAW, THE TRANSPORTATION

CORPORATIONS LAW, THE MULTIPLE RESIDENCE LAW, THE CORRECTION LAW,

THE CRIMINAL PROCEDURE LAW, THE REAL PROPERTY TAX LAW, THE RACING,

PARI-MUTUEL WAGERING AND BREEDING LAW, THE UNIFORM JUSTICE COURT

ACT, THE NEW YORK CITY CRIMINAL COURT ACT, THE ADMINISTRATIVE CODE

OF THE CITY OF NEW YORK, AND THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW,

IN RELATION TO REPLACING ALL INSTANCES OF THE WORDS OR VARIATIONS OF THE

WORDS "FIREMAN" OR "POLICEMAN" WITH THE WORDS "FIREFIGHTER" OR

"POLICE OFFICER" OR VARIATION THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08409-A, CALENDAR

NO. 603, GLICK, LENTOL, DAVILA, CYMBROWITZ, NOLAN, ORTIZ,

L. ROSENTHAL, NIOU, MOSLEY, SEPULVEDA, GOTTFRIED, COOK, SIMON,

BARRON, CARROLL, DILAN, COLTON, ARROYO, HEVESI, DE LA ROSA. AN ACT

TO AMEND THE MULTIPLE DWELLING LAW, IN RELATION TO INTERIM MULTIPLE

DWELLINGS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08426, CALENDAR NO.

604, D'URSO. AN ACT AUTHORIZING OHR HEAMETH THE AMERICAN SOCIETY

FOR TORAH EDUCATION IN LATIN AMERICA TO RECEIVE RETROACTIVE REAL

PROPERTY TAX-EXEMPTION STATUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

NYS ASSEMBLY MARCH 28, 2018

D'URSO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

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. A08507, CALENDAR NO.

605, AUBRY, MOSLEY. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO THE TIMELY SCHEDULING OF CRIMINAL TRIALS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08513, CALENDAR NO.

606, GLICK, SEPULVEDA, DE LA ROSA. AN ACT TO AMEND THE MULTIPLE

DWELLING LAW, IN RELATION TO INTERIM MULTIPLE DWELLINGS.

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.

NYS ASSEMBLY MARCH 28, 2018

THE CLERK: ASSEMBLY NO. A08517, CALENDAR NO.

607, BRINDISI, PRETLOW, MAGEE, LUPARDO. AN ACT TO AMEND THE TAX

LAW, IN RELATION TO REQUIRING A WRITTEN AGREEMENT FOR FLEXIBILITY OF

OPERATING FUNDS FOR CERTAIN VIDEO LOTTERY GAMING FACILITIES; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

MR. MORELLE.

MR. MORELLE: THANK YOU, SIR. AND WITH THAT, WE

HAVE ENDED THE CONSENT CALENDAR THAT WE GOT AT THE BEGINNING OF THE

YEAR, SO THANK YOU ALL. EVERYTHING HAS BEEN CONSENTED TO THAT CAN BE

CONSENTED TO.

IF I MAY, MR. SPEAKER, COLLEAGUES, I'M GOING TO GIVE A

LIST OF FIVE BILLS I WOULD LIKE TO TAKE UP IN THIS ORDER: FIRST ON PAGE 4 OF

THE CALENDAR, RULES REPORT NO. 15 BY MS. HYNDMAN. THEN I'D LIKE TO

TAKE UP CALENDAR NO. 611 BY MR. D'URSO, WHICH IS ON PAGE 79.

FOLLOWING THAT, FLIP TO PAGE 80, CALENDAR NO. 619 BY MR. WEPRIN.

ONCE WE'VE CONCLUDED THAT, I WOULD LIKE TO GO TO 659 BY MR.

RODRIGUEZ, WHICH IS ON PAGE 82. AND THEN ON PAGE 83, CALENDAR NO.

700 BY MS. TITUS.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08995, RULES REPORT

NO. 15, HYNDMAN, VANEL, TAYLOR. AN ACT TO AMEND THE NEW YORK

CITY CHARTER, IN RELATION TO OPPORTUNITIES FOR MINORITY- AND

WOMEN-OWNED BUSINESS ENTERPRISES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

NYS ASSEMBLY MARCH 28, 2018

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: AN EXPLANATION, PLEASE?

ACTING SPEAKER AUBRY: MS. HYNDMAN, AN

EXPLANATION IS REQUESTED.

MS. HYNDMAN: THIS IS AN ACT TO AMEND THE NEW

YORK CITY CHARTER TO PROVIDE OPPORTUNITIES FOR MWBES SO THAT

AGENCIES MAY MAKE PROCUREMENTS OF GOODS AND SERVICES FOR THE

AMOUNTS NOT EXCEEDING $150,000 FROM BUSINESSES CERTIFIED PURSUANT TO

ARTICLE 15(A) OF THE EXECUTIVE LAW AND SECTION 1304 OF THE NEW YORK

CITY CHARTER WITHOUT A FORMAL COMPETITIVE PROCESS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

HYNDMAN?

MS. HYNDMAN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MS.

HYNDMAN. I JUST WANT TO GET A LITTLE BIT OF BACKGROUND BOTH ON WHAT

THIS BILL DOES AND SOME OF THE UNDERLYING FACTS. AND I'M ACTUALLY QUITE

CONFIDENT THAT YOU ARE PROBABLY ONE OF THE LEADING EXPERTS ON THE FLOOR

TODAY IN TERMS OF THE DATA ON MWBE PARTICIPATION IN THE CITY OF NEW

YORK. FIRST, IN TERMS OF WHAT THIS BILL DOES, AS I UNDERSTAND IT, IT WOULD

ALLOW THE CITY OF NEW YORK TO ENTER INTO CONTRACTS UP TO $150,000

NYS ASSEMBLY MARCH 28, 2018

WITH CERTIFIED MWBE COMPANIES WITHOUT COMPETITIVE BIDDING. IS THAT

THE GIST OF THIS BILL?

MS. HYNDMAN: YES.

MR. GOODELL: AND AS I UNDERSTAND IT FROM A

REPORT BACK IN OCTOBER 2016 FROM SCOTT STRINGER, THERE ARE ABOUT --

WELL, THERE'S A LITTLE OVER 900,000 MWBE FIRMS IN NEW YORK CITY

NOW?

MS. HYNDMAN: APPROXIMATELY.

MR. GOODELL: BUT THERE'S ONLY ABOUT 4,500 THAT

ARE CERTIFIED, CORRECT?

MS. HYNDMAN: I THINK THOSE NUMBERS ARE -- YES.

PROBABLY A LITTLE BIT MORE THAN THAT NOW.

MR. GOODELL: SO, THE NUMBER OF CERTIFIED FIRMS

ARE ROUGHLY ONE-HALF OF 1 PERCENT OF ALL MWBE FIRMS?

MS. HYNDMAN: YES.

MR. GOODELL: AND THE NUMBER OF CERTIFIED FIRMS -

WHICH IS ONE-HALF OF 1 PERCENT - ARE CURRENTLY GETTING 4.8 PERCENT OF ALL

THE CITY CONTRACTS?

MS. HYNDMAN: YES.

MR. GOODELL: SO, THE CERTIFIED MWBE FIRMS ARE

GETTING ABOUT NINE TIMES MORE CONTRACTS ALREADY THAN THEIR NUMBERS

WOULD SUGGEST WOULD BE APPROPRIATE IF IT WERE EQUALLY DISTRIBUTED,

CORRECT?

MS. HYNDMAN: OKAY. YES.

MR. GOODELL: SO, IF THE CERTIFIED MWBES ARE

NYS ASSEMBLY MARCH 28, 2018

ALREADY GETTING ABOUT NINE TIMES MORE BUSINESS THAN WE WOULD EXPECT

THEM TO GET JUST BASED ON THEIR NUMBERS, WHY DO WE NEED SPECIAL

LEGISLATION TO ENABLE THEM TO GET EVEN A HIGHER PERCENTAGE?

MS. HYNDMAN: WELL, WE NEED THE LEGISLATION TO

ADDRESS PAST DISCRIMINATION AND INADEQUACIES. THE NUMBER THAT YOU

MENTIONED COMPARED TO THE CITY BUDGET IS VERY SMALL. SO IN ORDER TO

HAVE MORE MWBES, MINORITY-WOMEN BUSINESS ENTERPRISES, COMPETE

FOR THESE CONTRACTS, WE HAVE TO MAKE SURE WE -- WE INCREASE THE

NUMBER OF CERTIFIED MWBES.

MR. GOODELL: AND I'M GLAD YOU BROUGHT THE

DIFFERENCE UP BETWEEN CERTIFIED AND NON-CERTIFIED, BECAUSE RIGHT NOW,

BASED ON THESE NUMBERS, ABOUT 99-AND-HALF PERCENT OF ALL MWBES ARE

NOT CERTIFIED, CORRECT?

MS. HYNDMAN: CORRECT.

MR. GOODELL: WHICH MEANS 99-AND-A-HALF

PERCENT OF ALL MWBES WOULD NOT BENEFIT FROM THIS LEGISLATION.

MS. HYNDMAN: NO, WELL, YOU HAVE TO ALSO

REMEMBER THAT MOST -- SOME OF THOSE BUSINESSES PROBABLY DON'T WANT

TO DO BUSINESS WITH THE CITY OF NEW YORK. NOT EVERY MWBE WOULD

HAVE SERVICES LIKE A RET -- A RETAIL SHOP OR SOMEONE MAY HAVE MAYBE

MWBE BUT NOT MWBE CERTIFIED TO DO BUSINESS WITH THE CITY.

MR. GOODELL: NOW, MR. STRINGER MADE A SERIES OF

RECOMMENDATIONS AS WELL ON HOW TO INCREASE THE NUMBER OF MWBES

THAT ARE ELIGIBLE FOR CONTRACTS. THINGS LIKE PRE-BID QUALIFICATIONS, A

MENTORSHIP PROGRAM AND ALL -- THE ASSOCIATED GENERAL CONTRACTORS ALSO

NYS ASSEMBLY MARCH 28, 2018

HAD A NUMBER OF OTHER RECOMMENDATIONS. ANY OF THOSE INCLUDED IN

THIS BILL?

MS. HYNDMAN: NO, NOT THIS BILL. BUT THOSE ARE

GOOD IDEAS, BUT THIS IS JUST ONE WAY TO ADDRESS THE NUMBER OF -- THE

LACK OF MWBE COMPANIES.

MR. GOODELL: NOW, AS YOU KNOW, WE ARE JUST

ABOUT TO ENTER INTO ANOTHER -- YET ANOTHER -- CORRUPTION TRIAL, THIS TIME

DEALING WITH THE BUFFALO BILLION AND SUNY POLYTECH'S HANDLING OF THE

BID PROCESS. AND THE ALLEGATIONS ARE THAT SUNY POLYTECH CONSPIRED

WITH SOME OF THE BIDDERS TO HAVE VERY, VERY NARROW QUALIFICATIONS TO

BASICALLY ELIMINATE COMPETITIVE BIDDING. AND WE HAVE A CORRUPTION

TRIAL GOING ON AS WELL, I BELIEVE ON LONG ISLAND, THAT RAISES A QUESTION

OF WHETHER OR NOT THERE WAS A PAY-TO-PLAY IN THE CITY OF NEW YORK.

OBVIOUSLY COMPETITIVE -- REQUIRING A COMPETITIVE BID SYSTEM IS

DESIGNED TO REDUCE CORRUPTION BY SAYING THE LOWEST RESPONSIBLE BIDDER

GETS THE JOB. BUT THIS ELIMINATES COMPETITIVE BIDDING FOR CONTRACTS UP

TO $150,000. WOULDN'T IT MAKE MORE SENSE TO TIGHTEN OUR COMPETITIVE

BIDDING RATHER THAN ELIMINATE IT?

MS. HYNDMAN: WELL, I DON'T KNOW IF IN THE CASES

YOU -- INSTANCES THAT YOU MENTIONED, IF THEY WERE EVER CERTIFIED AT ALL.

THESE BUSINESSES HAVE TO BE CERTIFIED BY THE CITY OF NEW YORK, SO I'M

NOT SURE IN THOSE INSTANCES THAT YOU MENTIONED IF THEY WERE ALL CERTIFIED

BY THE STATE OR THE CITY OF BUFFALO. I DON'T -- I'M NOT PRIVY TO THAT

INFORMATION.

MR. GOODELL: THANK YOU VERY MUCH.

NYS ASSEMBLY MARCH 28, 2018

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I APPRECIATE THE COMMENTS OF THE

SPONSOR AND HER DESIRE TO HELP MWBE FIRMS THRIVE AND PROSPER IN THE

CITY OF NEW YORK, AND IT'S CERTAINLY A LAUDABLE GOAL. THE PROBLEM THAT

WE HAVE IS THAT THIS BILL ONLY HELPS CERTIFIED MWBE COMPANIES, AND

99-AND-A-HALF PERCENT OF ALL MWBES IN THE CITY OF NEW YORK ARE NOT

CERTIFIED. FOR THE SMALL PERCENTAGE OF CERTIFIED MWBES -- THERE'S

ABOUT 4,500 OF THEM -- THEY CONSTITUTE ONE-HALF OF 1 PERCENT OF THE TOTAL

MWBE COMPANIES, BUT THEY GET 4.8 PERCENT OF THE CITY'S BID WORK. IN

OTHER WORDS, A VERY SMALL NUMBER OF CERTIFIED MWBES ARE ALREADY

GETTING NINE TIMES MORE WORK THAN YOU WOULD EXPECT BASED ON THEIR

NUMBERS. AND THIS BILL WILL MAKE THAT EVEN A LARGER DISCREPANCY. IN

OTHER WORDS, WHAT THIS BILL DOES IS CREATE A HUGE NONCOMPETITIVE

OPPORTUNITY FOR A VERY, VERY SMALL NUMBER OF CERTIFIED MWBE

COMPANIES. NOW, THERE ARE A NUMBER OF THINGS THAT WE, AS A

LEGISLATURE, CAN DO TO REALLY HELP THE VAST MAJORITY OF MWBES. AND

THE SPONSOR MENTIONED THEM AND ACKNOWLEDGED THAT SOME OF THESE ARE

GREAT IDEAS, AND THANK YOU VERY MUCH FOR THAT. BUT I'LL JUST MENTION

SOME OF THEM FOR YOU. EXAMPLE, WE CAN REQUIRE PROMPT PAYMENT,

BECAUSE NOT ALL MWBES HAVE A LOT OF CAPITAL. WE CAN INCREASE OUR

SUPPORT OF CAPITAL FINANCING FOR MWBES. WE CAN INCREASE MENTORSHIP

PROGRAMS, BECAUSE UP-AND-COMING MWBES, PARTICULARLY IN A

CONSTRUCTION COMPANY, OFTEN NEED THAT ADDITIONAL ASSISTANCE. WE CAN

NYS ASSEMBLY MARCH 28, 2018

IMPROVE OUR APPRENTICESHIP REQUIREMENTS. THIS MAY SEEM STRANGE, WE

CAN PULL BACK ON PLAS, PROJECT LABOR AGREEMENTS. WHY? BECAUSE AS

REPORTED BY THE NATIONAL BLACK CHAMBER OF COMMERCE, 99 PERCENT OF

MWB -- MWBES ARE NOT UNION. SO, MY SUGGESTION AS WE GO FORWARD:

WE KEEP THE COMPETITIVE BID REQUIREMENTS IN PLACE. THE COMPETITIVE

BID REQUIREMENTS ENSURE THAT THE TAXPAYERS GET THE BEST PRICE FROM A

RESPONSIBLE BIDDER. THAT'S WHAT COMPETITIVE BIDDING'S ALL ABOUT. AND

INSTEAD OF CHANGING COMPETITIVE BIDDING, SO WE OPEN THE DOOR TO

PAY-TO-PLAY AND ALL THE OTHER CORRUPTION THAT WE'VE SEEN AROUND THIS

STATE INVOLVING BID-RIGGING. INSTEAD OF DOING THAT, LET'S EMPOWER THE

99 AND-A-HALF PERCENT OF MWBES TO COMPETE SUCCESSFULLY FOR THOSE

BIDS. LET'S NOT GIVE A WINDFALL FOR THE ONE-HALF PERCENT -- OF ONE-HALF

OF 1 PERCENT THAT ARE CERTIFIED. LET'S MAKE IT POSSIBLE FOR ALL THE

MWBE FIRMS TO BE SUCCESSFUL IN BIDDING ON CITY CONTRACTS.

SO, WHILE I VERY MUCH APPRECIATE THE OBJECTIVES AND

THE PURPOSE OF THIS BILL, I THINK THIS BILL HEADS IN THE WRONG DIRECTION

AND WE'D BE BETTER IF WE EMPOWERED MORE MWBES TO SUCCESSFULLY

BID.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. BICHOTTE.

MS. BICHOTTE: MAY THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

HYNDMAN?

MS. HYNDMAN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

NYS ASSEMBLY MARCH 28, 2018

MS. BICHOTTE: SO I HAVE A QUESTION. FIRST OF ALL,

MY COLLEAGUE HERE WAS MENTIONING 99.5 PERCENT. BUT I THINK HE HAS

THE WRONG PERCENTAGE. LET'S FIRST LOOK AT THE TOTAL POPULATION OF NEW

YORK CITY. WHEN IT COMES TO MINORITY AND WOMEN, THE POPULATION, IS

IT TRUE THAT IT'S MORE THAN 51 PERCENT?

MS. HYNDMAN: TO BE A CERTIFIED MWBE, A

COMPANY HAS TO --

MS. BICHOTTE: NO. I'M SAYING THE POPULATION OF

NEW YORK CITY. THE POPULATION OF THE MAKE-UP OF NEW YORK CITY.

ISN'T IT TRUE THAT MORE THAN 51 PERCENT ARE WOMEN AND PEOPLE OF COLOR?

MS. HYNDMAN: YES.

MS. BICHOTTE: OKAY. I BELIEVE WHEN WE LOOKED

AT THE DATA, IT WAS SOMETHING TO THE POINT -- TO THE FACT OF 60 PERCENT OF

THE NEW YORK CITY POPULATION IS OF MINORITY AND WOMEN. SO IT SEEMS

AS IF THERE'S A DISPARITY, 60 PERCENT VERSUS THE 4.8 PERCENT THAT MY

COLLEAGUE HAS BEEN MENTIONING GETTING CONTRACTS. HOW COULD WE GET --

HOW COULD WE HAVE 60 PERCENT OF NEW YORK CITY POPULATION AND ONLY

4.8 PERCENT OF THESE MINORITY AND WOMEN IN NEW YORK CITY GETTING

CONTRACTS? THAT'S A (SIC) ISSUE. SO, WE SAY 4.8 PERCENT IS GETTING

CONTRACTS. WELL, THERE'S 95 PERCENT OF PEOPLE WHO ARE GETTING CONTRACTS

WHO ARE NOT WOMEN OR NOT MINORITY. I THINK THERE'S A PROBLEM WITH

THAT. DON'T YOU THINK SO?

MS. HYNDMAN: I AGREE.

MS. BICHOTTE: ALSO, I HAVE A QUESTION ON

COMPETITIVE BIDDING. IN THE STATE OF NEW YORK, ISN'T IT TRUE THAT WE

NYS ASSEMBLY MARCH 28, 2018

HAVE SOMETHING CALLED "BEST VALUE" --

MS. HYNDMAN: YES.

MS. BICHOTTE: -- WHICH MEANS THAT -- YES, OKAY,

GREAT -- WHICH MEANS THAT WE'RE NOT ALWAYS LOOKING FOR THE CHEAPEST

BIDDER, BUT WE'RE LOOKING FOR THE PERSON OR THE COMPANY THAT BRINGS THE

BEST VALUE. WHAT DOES THAT MEAN, THE BEST VALUE? THE BEST VALUE

MEANS THAT, YOU KNOW, MAYBE THAT COMPANY IS 2 PERCENT HIGHER OR 3

PERCENT HIGHER OR MAYBE 10 PERCENT HIGHER, BUT BRINGING ON MAYBE A

WORKFORCE THAT'S DIVERSE, MAYBE BRINGING IN SKILLED AND CULTURAL

COMPETENCY RELATED TO THAT COMMUNITY. SO IF -- IF BEST VALUE IS GOOD

FOR NEW YORK STATE, DON'T YOU THINK BEST VALUE WOULD ALSO BE GOOD FOR

A VERY DIVERSE CITY?

MS. HYNDMAN: I AGREE, YES.

MS. BICHOTTE: OKAY, THAT'S GOOD. NOW THIS -- THIS

BILL, IS IT CORRECT THAT IT WILL INCREASE THE DISCRETIONARY SPENDING TO

$150,000?

MS. HYNDMAN: THAT IS CORRECT.

MS. BICHOTTE: HMM, OKAY. SO, THE STATE OF NEW

YORK -- HMM, ISN'T IT TRUE THAT THEY HAVE A DISCRETIONARY SPAN OF UP TO

$200,000?

MS. HYNDMAN: YES.

MS. BICHOTTE: WOW, OKAY. SO, IF IT'S GOOD FOR

NEW YORK STATE, AND NEW YORK STATE PROBABLY HAVE MORE OF AN ISSUE

AROUND THIS TOPIC, WHY ISN'T IT GOOD FOR NEW YORK CITY?

MS. HYNDMAN: WELL, I THINK AT THE TIME WHEN WE

NYS ASSEMBLY MARCH 28, 2018

WERE -- WE WERE DISCUSSING THIS BILL, YOU KNOW, THE EXECUTIVE BRANCH,

THERE WAS SOME PUSHBACK. SO THIS WAS AN AMOUNT THAT AGREEABLE ON ALL

SIDES. SO WE WANTED TO MAKE SURE -- RAISING IT FROM $30,000, I THINK

$150,000 IS A GREAT INCREASE, AND IT'S A WAY FOR MWBES, LIKE YOU SAID,

TO EXPAND, TO HIRE, TO DEVELOP IN THE COMMUNITIES THAT THESE BUSINESSES

ARE -- ARE BORN IN. SO THIS WAS A WAY -- I'M SURE THERE ARE MANY BILLS TO

COME ON MWBES THAT WE NEED TO DO, BUT THIS WAS A WAY IN FOR A LOT OF

THOSE BUSINESSES WHO WEREN'T GOING TO TRY FOR A $30,000 BID. THIS WAS

A WAY TO INCREASE BUSINESSES, BECAUSE IF YOU CAN GET MORE THAN ONE

CONTRACT FOR $150,000, THAT COULD BE THE DIFFERENCE BETWEEN YOU BEING

SUCCESSFUL OR NOT.

MS. BICHOTTE: OKAY. SO NOW, YOU KNOW, MY COLL

-- COLLEAGUE ALSO ELOQUENTLY SAID THAT HE HAD SOME RECOMMENDATIONS

WHICH COULD BUILD THE CAPACITY OF A COMPANY SO THAT THESE MINORITY

AND WOMEN BUSINESS ENTERPRISE CAN GET TO THAT POINT WHERE THEY CAN

COMPETITIVELY BID ON BIGGER PROJECTS. SO, WITH THAT SAID, WOULDN'T YOU

THINK THAT AN INCREASE OF DISCRETIONARY FUND -- DISCRETIONARY SPENDING

WOULD ALLOW THAT OPPORTUNITY SO IF A MINORITY AND WOMEN BUSINESS

ENTERPRISE GET TWO OR THREE PROJECTS THAT ARE LIKE $200,000 EACH, LET'S

SAY, THAT'S ALREADY PUTTING THEM IN A POSITION WHERE THEY'RE GAINING

CAPACITY. SO, WOULDN'T YOU AGREE WITH THAT?

MS. HYNDMAN: WELL, I WOULD SAY THAT THE

QUESTIONS THAT -- OR THE OTHER WAYS THAT MR. GOODELL MENTIONED --

APPRENTICESHIP, MENTORING, PROMPT PAYMENT -- ALSO ARE WAYS IN WHICH

MWBES WOULD -- WOULD GET STRONGER. I THINK THERE -- THERE ARE MANY

NYS ASSEMBLY MARCH 28, 2018

PATHWAYS TO THIS, AND THIS IS JUST ONE OF THEM.

MS. BICHOTTE: BUT LET'S -- LET'S -- LET'S THINK ABOUT

THIS: THERE ARE A LOT OF COMPANIES THAT ARE NOT HIRING PEOPLE IN OUR

COMMUNITY. SO IT'S NOT ON JUST THE BUSINESSES, IT'S ALSO ON THE

WORKFORCE. WE'VE BEEN ECONOMICALLY EXCLUDED FROM BUILDING WEALTH,

FROM GETTING THE OPPORTUNITY TO WORK FOR MANY, MANY YEARS. AND EVEN

WITH THIS PROGRAM THERE'S STILL A DISPARITY. AND THAT'S WHY WE GO TO THE

SUPREME COURT RULING OF RICHMOND V. CROSON ON WHY WE HAVE THIS

PROGRAM, WHY WE HAVE MWBE PROGRAMS. WE HAVE MWBE PROGRAMS

BECAUSE IT'S BEEN STATIS -- STATISTICALLY PROVEN IT'S BEEN QUANTIFIABLE AND

VERIFIABLE THAT MINORITY AND WOMEN BUSINESSES HAS BEEN EXCLUDED FOR

MANY, MANY YEARS. AND BECAUSE THE DATA SHOWS THAT THERE'S BEEN

DISCRIMINATORY PRACTICES, THIS IS WHY WE HAVE THESE PROGRAMS IN PLACE.

AND EVEN WITH THE PROGRAMS IN PLACE, WE'RE STILL AT 4.8 PERCENT. THAT'S

A PROBLEM.

WHEN WE TALK ABOUT THE APPRENTICESHIP PROGRAMS,

THOSE -- THAT'S A NEW CONCEPT. FOR MANY, MANY YEARS, THE LABOR FORCES

HAD ISSUES WITH HIRING MINORITY AND WOMEN TO WORK. WHEN WE HAVE

PLAS -- WHEN WE HAVE PLAS, THAT'S ALSO AN ISSUE WITH MINORITY AND

WOMEN BUSINESS ENTERPRISE PARTICIPATING.

SO, ON THE BILL, MR. SPEAKER. FIRST, I WANT TO

CONGRATULATE MY COLLEAGUE FOR INTRODUCING THIS BILL. THIS BILL IS

NEEDED. IT'S IMPORTANT. IT'S SOMETHING THAT HAS BEEN CODIFIED --

ACTING SPEAKER DENDEKKER: MR. -- MR.

GOODELL, WHY DO YOU RISE?

NYS ASSEMBLY MARCH 28, 2018

MR. GOODELL: I WAS WONDERING IF THE SPEAKER

WOULD YIELD.

ACTING SPEAKER DENDEKKER: MS. BICHOTTE,

WILL YOU YIELD?

MS. BICHOTTE: YES, FOR YOU.

ACTING SPEAKER DENDEKKER: THE SPEAKER

WILL YIELD.

MS. BICHOTTE: FOR MR. GOODELL.

MR. GOODELL: I JUST WANT TO MAKE SURE ON THIS

DEBATE WE'RE ALL TALKING ABOUT THE SAME NUMBERS. NOW, SCOTT STRINGER

IN HIS REPORT SAID THAT THERE WERE 953,346 MWBES, WHICH WAS A LITTLE

BIT MORE THAN HALF OF ALL THE FIRMS IN NEW YORK CITY. DO YOU AGREE

WITH THAT NUMBER?

MS. BICHOTTE: I -- I HAVEN'T SEEN THAT NUMBER, BUT

TO WHAT I'M TOLD, THE NUMBERS THAT I'VE SEEN IT'S BEEN 9,000 MWBES.

NOW, IT DEPENDS ON HOW YOU DEFINE MWBES. THERE ARE CERTIFIED

MWBES AND THERE ARE BUSINESSES THAT ARE OWNED BY WOMEN AND BY

MEN WHO ARE -- BY WOMEN WHO ARE MEN OF COLOR OR WOMEN WHO ARE

NOT OF COLOR WHO ARE NOT SATISFIED -- WHO ARE NOT CERTIFIED.

MR. GOODELL: AND THIS BILL, IF I'M NOT MISTAKEN,

ON PAGE 1, LINE 25 AND 27, ONLY APPLIES TO CERTIFIED MWBES, RIGHT?

MS. BICHOTTE: CORRECT.

MR. GOODELL: AND SO, EVEN THOUGH MR. STRINGER

REPORTS THAT THERE ARE OVER 950,000 MWBES IN NEW YORK CITY, USING

THE BROADER DEFINITION, THIS BILL ONLY HELPS BASED ON HIS NUMBER, 4,500

NYS ASSEMBLY MARCH 28, 2018

-- YOU SAID 9,000 -- BUT ONLY A VERY, VERY SMALL FRACTION. LESS THAN 1

PERCENT OF THE MWBES.

MS. BICHOTTE: NO, NO. ONE PERCENT OF WHAT?

ONE PERCENT OF --

MR. GOODELL: ONE PERCENT OF THE MWBES. IN

OTHER WORDS, THERE'S 900 -- OVER 950,000 MWBES, BUT THIS BILL ONLY

HELPS THE ONES THAT ARE CERTIFIED. SO THIS BILL ONLY HELPS 4,500 FIRMS.

THAT WAS MY CONCERN.

MS. BICHOTTE: AND GUESS WHAT?

MR. GOODELL: I AGREE WITH YOU. I AGREE WITH YOU

THAT WE OUGHT TO BE LOOKING AT THE BIG PICTURE. BUT THIS IS A SMALL

PICTURE. IT GIVES A WINDFALL TO A VERY, VERY SMALL NUMBER OF FIRMS --

MS. BICHOTTE: BUT MR. GOODELL --

MR. GOODELL: BUT AM I MISTAKEN?

MS. BICHOTTE: NO.

MR. GOODELL: THIS DOES APPLY ONLY TO CERTIFIED

FIRMS, RIGHT?

MS. BICHOTTE: RIGHT. IT'S ONLY CERTIFIED. AND

GUESS WHAT? 4,500 IS A TINY NUMBER.

MR. GOODELL: ABSOLUTELY. I ABSOLUTELY AGREE.

MS. BICHOTTE: WE ARE DEALING WITH A POPULATION

OF CLOSE TO 20 MILLION. AND 4,500 --

MR. GOODELL: I'M WITH YOU.

MS. BICHOTTE: -- YOU ARGUE -- YOU ARE ARGUING ON

4,500.

NYS ASSEMBLY MARCH 28, 2018

MR. GOODELL: I'M ABSOLUTELY WITH YOU --

MS. BICHOTTE: A DROP IN THE BUCKET.

MR. GOODELL: SO THE QUESTION IS --

MS. BICHOTTE: SO WHAT'S THE PROBLEM?

MR. GOODELL: THE QUESTION I HAVE IS, WHY DO WE

HAVE SPECIAL LEGISLATION THAT GIVES A VERY, VERY SMALL NUMBER OF FIRMS

THIS BIG BENEFIT?

MS. BICHOTTE: WELL, FIRST OF ALL --

MR. GOODELL: SHOULDN'T WE --

MS. BICHOTTE: -- FIRST OF ALL --

MR. GOODELL: -- BE FOCUSING ON LEGISLATION --

MS. BICHOTTE: FIRST OF ALL --

ACTING SPEAKER DENDEKKER: EXCUSE ME,

MEMBERS. MEMBERS, PLEASE. LET'S LET EACH OTHER FINISHES (SIC) THEIR

SENTENCES BEFORE THE NEXT PERSON SPEAKS.

MR. GOODELL: SHOULDN'T WE BE FOCUSING ON THE

99.5 PERCENT THAT ARE OUT THERE, RATHER THAN GIVING A SPECIAL BENEFIT TO

THIS VERY SMALL NUMBER OF FIRMS THAT ALREADY GET NINE TIMES MORE

BUSINESS THAN THEIR NUMBERS?

MS. BICHOTTE: I AGREE WITH YOU IN THAT, BUT GUESS

WHAT, MR. GOODELL? WHY DO WE WANT TO TURN OUR BACK TO THE VERY

SMALL NUMBER OF THE 4,500?

MR. GOODELL: OKAY. I UNDERSTAND. THANK YOU

VERY MUCH. THANK YOU.

MS. BICHOTTE: THANK YOU.

NYS ASSEMBLY MARCH 28, 2018

ACTING SPEAKER DENDEKKER: MS. BICHOTTE,

CONTINUE ON THE BILL.

MS. BICHOTTE: SO AS MY COLLEAGUE MENTIONED,

YES, WE HAVE A LONG WAY TO GO. AND THERE'S MANY OTHER OPPORTUNITIES

THAT WE CAN IMPLEMENT IN EXPANDING MINORITY AND WOMEN BUSINESS

ENTERPRISES, WHETHER IT'S THROUGH OUTREACH, PUTTING MORE RESOURCES SO

THAT WE HAVE MORE PEOPLE CERTIFYING, MORE BUSINESSES THROUGHOUT THE

CITY OF NEW YORK. WHERE THERE IS IMPLEMENTING CAPACITY, MENTORING

PROGRAMS THAT WILL HELP MANY OF THESE MWBES EXPAND AND TAKE ON

BIGGER PROJECTS. AND -- OR MAYBE IT'S WORKING WITH THESE MWBES SO

THAT THEY COULD ALSO BE UNIONIZED AND ABLE TO CREATE A BIGGER -- A LARGER

WORKFORCE.

SO, I AM PROUD THAT WE ARE DEBATING THIS. I AM PROUD

THAT WE ARE EDUCATING MANY PEOPLE HERE WHY THIS BILL IS VERY

IMPORTANT. ALL IT DOES IS JUST INCREASE THE DISCRETIONARY SPEND TO

$150,000. THAT'S VERY LITTLE. MOST OF THE CONTRACTORS IN NEW YORK

CITY ARE MAKING MILLIONS AND BILLIONS OF DOLLAR (SIC), AND HERE WE ARE,

FIGHTING AND ARGUING AND DEBATING ON PENNIES. AND YOU HAVE TO

QUESTION, YOU HAVE TO QUESTION THE EXISTENCE OF DISCRIMINATION AS IT

EXISTS TODAY.

SO, WITH THAT, MR. SPEAKER, I -- I -- I WANT TO SAY THAT,

AGAIN, I WANT TO CONGRATULATE MY COLLEAGUE, ASSEMBLYMEMBER

HYNDMAN, FOR INTRODUCING THIS BILL. I WANT TO ALSO THANK THE CITY OF

NEW YORK FOR RECOGNIZING THAT THERE'S STILL A NEED TO BUILD ON THIS

ISSUE. AND WE'RE GOING TO CONTINUE TO FIGHT. SO WITH THIS, I WILL VOTE

NYS ASSEMBLY MARCH 28, 2018

IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER DENDEKKER: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. ON THE BILL. I WANT TO COMMEND THE SPONSOR --

ACTING SPEAKER DENDEKKER: ON THE BILL.

MRS. PEOPLES-STOKES: -- OF THIS LEGISLATION.

WHILE IT MAY BE HARD FOR SOME TO UNDERSTAND OR FEEL WHY YOU WOULD

NEED TO DO THIS AFTER YEARS, MULTIPLE YEARS OF DISCRIMINATION WHEN

PERHAPS SOME OF THE ANCESTORS OR THE PARENTS OF THESE SAME 4,500

COMPANIES TRIED TO DO BUSINESS WITH NEW YORK CITY, THEY WERE UNABLE

TO. NOT BECAUSE THEY WEREN'T CAPABLE, BUT BECAUSE SOMEONE ELSE WAS

CHOSEN THAT DIDN'T LOOK LIKE THEM, DIDN'T HAVE LONG HAIR, OR JUST DIDN'T

HAVE THE SAME KIND OF BUSINESS. AND SO, I THINK AT SOME POINT IN OUR

SOCIETY, MR. SPEAKER, IN ORDER TO GET TO SOME EQUITY AND FAIRNESS, YOU

NEED -- YOU NEED TO HAVE GOALS THAT ARE SET ASIDE FOR THOSE WHO HAVE

BEEN DISENFRANCHISED. SECONDLY, MR. SPEAKER, I WANT TO TAKE A LITTLE

BIT OF EXCEPTION TO TAGGING THIS ISSUE TO CORRUPTION, BECAUSE IF YOU LOOK

AT AMERICAN BUSINESS FROM ITS INCEPTION, YOU WILL ALWAYS FIND SOME

FRAUD. AND SO FOR NOW, TO BE ATTACKING THIS -- ATTACHING THIS TO

MINORITY- AND WOMEN-OWNED BUSINESS IS REALLY A LITTLE BIT UNFAIR. AND

SO I WOULD SAY TO THE SPONSOR THAT YOU SHOULD BE COMMENDED FOR YOUR

WORK HERE. WHILE WE HAVE MUCH RESPECT FOR THE COMPTROLLER OF NEW

YORK CITY AND HIS REPORT ON MWBE ISSUES, WE WILL TAKE THEM TO HEART.

AND WE WILL HOPE THAT OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE WILL

NYS ASSEMBLY MARCH 28, 2018

PERHAPS BEGIN INTRODUCING SOME OF THE LEGISLATION THAT LOOKS LIKE WHAT

THEY SPOKE ABOUT ON THE FLOOR TODAY.

WITH THAT, MR. SPEAKER, I SAY THANK YOU AND I LOOK

FORWARD TO VOTING FOR THIS BILL AND I HOPE THAT MY COLLEAGUES WILL DO

THE SAME.

ACTING SPEAKER AUBRY: ASSEMBLYWOMAN

DICKENS.

MS. DICKENS: THANK YOU, MR. SPEAKER, AND I WANT

TO SPEAK ON THE BILL. FIRST OF ALL, THIS -- THIS BILL IS NOT MERELY

CONSTRUCTION, BUT IT IS SMALL SERVICES AND PROCUREMENT AS WELL. SECOND

PART ON COMPETITIVE BIDS, ANYONE CAN BID ON A COMPETITIVE BID. BY

RAISING THE CAP FROM $30- TO $150- WILL ALLOW MWBES TO PARTICIPATE

FAIRLY IN A COMPETITIVE BID, WHEREAS IN THE PAST, ANYTHING THAT WAS OVER

$30- SMALL MWBES WERE NOT BECAUSE THEY DIDN'T QUALIFY. NOW TO BE

FAIR, THE CITY OF NEW YORK AND THE STATE DOES NOT PAY OUR MWBES

QUICKLY, AND THEY DO NOT COME OUT AND CERTIFY THE WORK THAT HAS BEEN

DONE. AND THAT INCAPACITATES OUR SMALL BUSINESSES. IN ADDITION, AS FAR

AS APPRENTICESHIP PROGRAMS AND MENTORSHIP, THERE ARE MANY. HARLEM

BUSINESS ALLIANCE HAS MENTORSHIP PROGRAMS AND APPRENTICESHIPS TO

ASSIST MWBES IN SECURING CERTIFICATION, AS DOES THE GREATER HARLEM

CHAMBER OF COMMERCE, AS DOES THE WOMEN'S CHAMBER OF NEW YORK,

AS DOES THE MTA, AS DOES SEVERAL OF THE UNIONS, ALL HAVE

APPRENTICESHIP PROGRAMS GEARED TOWARDS HELPING MWBES TO BECOME

CERTIFIED. NOW THAT IS NOT TO SAY THAT THERE ARE ENOUGH, BUT THERE ARE

PROGRAMS OUT THERE, AND MWBES AND MBES ARE BECOMING A PART OF

NYS ASSEMBLY MARCH 28, 2018

THE CERTIFICATION PROCESS.

NOW, IN ADDITION, I WANT TO JOIN WITH MY COLLEAGUE,

ASSEMBLYMEMBER CRYSTAL PEOPLES-STOKES, ON TAKING EXCEPTION TO

PUTTING IN AS IF FRAUD IS AN MWBE PROBLEM INSTEAD OF IT BEING AN

INTERNATIONAL AND A NATIONAL PROBLEM. AND NOT JUST BUSINESS, BUT IN

GOVERNMENT AS WELL. THIS IS NOT FAIR TO INCLUDE THAT. THIS IS A GREAT

PROGRAM. I AM PROUD TO STAND WITH ALICIA HYNDMAN ON HAVING THIS BILL

PUT FORTH BECAUSE IT'S BEEN NECESSARY. ORIGINALLY IT WAS $10,000 WAS

WHAT -- WAS THE CAP. NOW TO RAISE IT TO $150- IS NECESSARY.

I COMMEND MY COLLEAGUE, AND I THANK YOU FOR

ALLOWING ME, SPEAKER, FOR THIS TIME.

ACTING SPEAKER AUBRY: MR. BARRON.

MR. BARRON: THANK YOU, MR. -- THANK YOU, MR.

SPEAKER. YOU KNOW, HERE WE GO. THIS IS SO INTERESTING THAT YOU GOT TO

BE AWARE OF A FOX IN SHEEP CLOTHING. THEY MAKE IT APPEAR THAT THEY'RE

REALLY, REALLY SUPPORTING YOU AND THAT THIS BILL JUST DOESN'T GO FAR

ENOUGH. I WANT IT TO GO FARTHER -- FURTHER WITH THESE OTHER ISSUES THAT HE

BROUGHT UP, BUT HE DOESN'T EVEN WANT THE LITTLE CRUMBS TO HAPPEN. AND

THE CORRUPTION HE MENTIONED WERE WHITE MEN, NOT US. SO THANKS FOR

MENTIONING THAT. IT HAD NOTHING TO DO WITH US. BUT I WAS IN THE CITY

COUNCIL WHEN WE DID A DISPARITY STUDY, AND FOR THOSE CORPORATIONS THAT

WERE MAKING OR BIDDING FOR $1 MILLION IN CONTRACTS OR LESS THAN A

MILLION, AND THEY HAD A CATEGORY CALLED "CONSTRUCTION WORK." SIXTEEN

PERCENT OF THE CITY'S CONSTRUCTION WORKER COMPANIES WERE ON THE LIST AS

QUALIFIED TO HAVE BONDING INSURANCE. THEY HAD EVERYTHING THAT THEY

NYS ASSEMBLY MARCH 28, 2018

WERE SUPPOSED TO HAVE TO RECEIVE THE CONTRACTS. SIXTEEN PERCENT WERE

ON THE CITY'S LIST OF QUALIFIED COMPANIES. LESS THAN 1 PERCENT GOT THE

CONTRACTS. WHITE MEN, WHO MADE UP 41 PERCENT OF THOSE COMPANIES

QUALIFIED BY THE CITY, GOT 72 PERCENT OF A CONTRACT BECAUSE THEY WERE

WHITE MEN. NOT MORE QUALIFIED, THEY WERE WHITE MEN. SO WE COME UP

WITH PROGRAMS TO REVERSE HISTORIC RACISM, AND IT ALL OF A SUDDEN

BECOMES DISCRIMINATION OR IT'S NOT GOING FAR ENOUGH FOR US -- LIKE HE

REALLY CARES ABOUT US -- IT'S JUST NOT GOING FAR ENOUGH. HIS ONLY

PROBLEM WAS THAT IT WAS TOO SMALL. SO MAKE SURE THAT YOU DON'T TAKE

OUT THE BIDDING PROCESS THAT GIVES THEM THE ADVANTAGE. KEEP IT IN,

ESPECIALLY SINCE IT'S TOO SMALL AND IT'S NOT GOING TO HELP YOU ENOUGH.

OH, YOU'RE JUST TOO KIND. IT'S JUST NOT GOING TO HELP US ENOUGH. SO I SIT

IN MY SEAT SOMETIME AND I TRY TO BE COOL.

(LAUGHTER)

I TRY, MR. SPEAKER. BUT I DON'T HAVE A COOL BONE IN

MY BODY. THIS IS RIDICULOUS. AND AT LEAST, AT LEAST WE CAN DO THIS.

AND HERE -- AND YOUR MATHEMATICS, YOUR MICRO-MATHEMATICS IS

INCREDIBLE. JUST INCREDIBLE MICRO-MATHEMATICS TO BREAK IT DOWN SO

HOW WE CAN SEE IT'S JUST TOO LITTLE FOR US.

MY SISTER, YOU DID A LOT, AND WE ARE PROUD OF YOU AND

WE APPRECIATE YOU. I VOTE YES ON THIS ISSUE.

ACTING SPEAKER AUBRY: MR. BLAKE.

MR. BLAKE: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

BLAKE.

NYS ASSEMBLY MARCH 28, 2018

MR. BLAKE: FIRST AND -- AND FOREMOST, LET US

COMMEND ASSEMBLYMEMBER ALICIA HYNDMAN FOR BRINGING THIS -- THIS

CRITICAL PIECE OF LEGISLATION WHICH OBVIOUSLY IS GOING TO HELP CREATE

OPPORTUNITIES FOR MINORITY- AND WOMEN-OWNED BUSINESSES. LET'S ALSO,

THOUGH, NOT IGNORE WHY WE HAVE TO DO THIS. WE -- WE ARE -- WE ARE

DOING THIS IN LARGE PART BECAUSE COMMUNITIES OF COLOR REGULARLY THEY

DON'T GET THE OPPORTUNITIES THAT WE NEED. WE'RE DOING THIS IN LARGE PART

BECAUSE OF THE REPEATED INSTITUTIONALIZED RACISM AND THE SEXISM THAT

EXISTS WITHIN OUR PARTICULAR DEMOGRAPHICS, OUR PARTICULAR BUSINESSES,

OUR PARTICULAR GOVERNMENT. WHY DO WE CREATE THESE EFFORTS? IT'S

BECAUSE TIME AND TIME AGAIN IT IS CLEAR WE DON'T GET THE OPPORTUNITIES

THAT FAIRLY SHOULD BE OUT THERE FOR US. YOU -- YOU WIN THE CONTRACT, MR.

SPEAKER, BUT THEN YOU CAN'T -- CAN'T HOLD THE CONTRACT BECAUSE YOU DON'T

HAVE THE BONDING. YOU GET THE CONTRACT, THEN YOU DON'T GET THE ACCESS

TO CAPITAL. THERE ALWAYS SEEMS TO BE DIFFERENT LANGUAGE THAT'S

ASSOCIATED WITH IT. THE REASON WHY YOU HAVE TO CREATE THESE PROGRAMS

IN LARGE PART IS BECAUSE WHEN YOU ARE A PERSON OF COLOR AND/OR YOU ARE

A WOMAN, IT IS ALWAYS STACKED AGAINST YOU. AND SO WHEN WE'RE STARTING

TO HAVE A CONVERSATION ABOUT THE CAPABILITY AND CAPACITY THAT WE HAVE

THAT GOES DOWN A ROAD THAT WE WANT TO MAKE SURE WE DON'T HAVE TO DO,

MAYBE WE HAVE TO HAVE A FURTHER EDUCATION ON THIS. FIFTY YEARS AGO,

WHEN DR. KING WAS ENGAGED IN THE POOR PEOPLE'S CAMPAIGN, THEY

REGULARLY WERE TRYING TO ENGAGE AND DISRESPECT HIM REPEATEDLY. THEY

DIDN'T WANT TO TALK ABOUT THE POOR PEOPLE'S CAMPAIGN THAT WAS

HAPPENING. THEY DIDN'T WANT TO TALK ABOUT THE BROADER ASPECTS THAT

NYS ASSEMBLY MARCH 28, 2018

WERE HAPPENING. THEY IGNORED THE FACT THAT WHEN ANDREW YOUNG AND

OTHERS HAD TO MAKE SURE THAT THEY STOPPED WHAT WAS GOING ON IN

PARTICULAR COMMUNITIES. WE NEED THIS BECAUSE WE ARE SICK AND TIRED OF

COMMUNITIES BEING DISRESPECTED, IN LARGE PART, MINORITY- AND WOMEN-

OWNED BUSINESSES. SO THE REALITY IS, WE ARE TIRED OF THIS. AND WE

SHOULD ALL TAKE OFFENSE WHENEVER PEOPLE GO AFTER THE WOMEN AND

WOMEN OF COLOR IN THIS CHAMBER, BECAUSE IT IS HARD FOR ME TO BELIEVE

THAT THAT WOULD HAPPEN OTHERWISE, MR. SPEAKER.

SO WITH THAT, WE JUST ASK THAT, AGAIN, THAT WE

RECOGNIZE THE IMPORTANCE OF THIS. TO MEMBER HYNDMAN, WE ARE

GRATEFUL FOR YOU. WE ARE GRATEFUL FOR YOUR LEADERSHIP ON THIS. AND IT

REMINDS US YET AGAIN THAT THE ONLY WAY WE CAN ADVANCE IN THIS SOCIETY

IS BY GETTING CHANCES FOR OUR MINORITY- AND WOMEN-OWNED BUSINESSES.

I PROUDLY SUPPORT THIS BILL, MR. SPEAKER.

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.)

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WOULD JUST AGAIN ENCOURAGE MY COLLEAGUES TO SUPPORT THIS

LEGISLATION. IT IS JUST A CHAPTER AMENDMENT. IT SIMPLY AMENDS THE

CHAPTER TO CHANGE THE NUMBER OF THE DOLLARS THAT WERE ALREADY EXISTING

IN THE LEGISLATION. AND, AGAIN, I WOULD LIKE TO THANK THE SPONSOR FOR

NYS ASSEMBLY MARCH 28, 2018

HER WORK ON IT.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: THANK YOU, MR. SPEAKER. SO, AS A --

A MEMBER OF THE ASSEMBLY WHO REPRESENTS NASSAU COUNTY -- WHICH

HAS BEEN REFERENCED IN THE DEBATE -- WHICH SEEMS TO BE, UNFORTUNATELY,

THE EPICENTER OF POLITICAL CORRUPTION IN THE STATE OF NEW YORK, I FEEL AN

OBLIGATION TO SPEAK ON THIS SUBJECT. AND IT SEEMS TO ME -- AND TRUST

ME, I'M NOT BEING FACETIOUS -- BUT IT SEEMS TO ME THAT WHENEVER PEOPLE

IN GOVERNMENT POSITIONS GIVE JOBS TO THEIR CRONIES -- AND, OF COURSE, IN

NASSAU COUNTY WE HAVE THE FORMER COUNTY EXECUTIVE ON TRIAL, FORMER

SUPERVISOR OF THE TOWN OF OYSTER BAY, WE HAVE ANY NUMBER OF PEOPLE

WHO WERE ASSOCIATED WITH GOVERNMENT IN THE TOWN OF OYSTER BAY AND

THE TOWN OF HEMPSTEAD INDICTED. BUT LET ME GET BACK TO THE POINT.

WHENEVER THERE IS WORK THAT GOES TO POLITICAL CRONIES, THEN THE REST OF

THE COMMUNITY IS CUT OUT OF THE PICTURE, AND TO ME THAT'S

DISCRIMINATION. AND TO ME, IT'S INSIDIOUS DISCRIMINATION WHEN THAT

OCCURS, AND THOSE OF OUR FELLOW CITIZENS WHO HAVE HISTORICALLY BEEN CUT

OUT OF OUR ECONOMIC PROGRESS ARE INCLUDED IN THAT OVERALL PIE.

I AM VERY PLEASED TO VOTE FOR THIS PARTICULAR PIECE OF

LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MARCH 28, 2018

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A8703-A, CALENDAR

NO. 611, D'URSO, ORTIZ, MCDONALD, M.G. MILLER, THIELE, GALEF,

CUSICK, CROUCH, LAWRENCE, ZEBROWSKI, COLTON, MONTESANO, NORRIS,

RA, MORINELLO, JONES, JENNE. AN ACT TO AMEND THE PUBLIC HEALTH LAW,

IN RELATION TO FILLING VACANCIES ON A BOARD OF VISITORS FOR STATE VETERANS'

HOMES.

ACTING SPEAKER AUBRY: AND FIRST, ON A

MOTION BY MR. D'URSO, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED.

MR. D'URSO, AN EXPLANATION HAS BEEN REQUESTED, SIR.

MR. D'URSO: YES. THIS BILL AMENDS THE PUBLIC LAW

BY -- HEALTH LAW BY PROVIDING FOR THE APPOINTMENT OF INTERIM

MEMBERS BY THE CURRENT BOARD IN THE EVENT THAT A VACANCY IS NOT FILLED

WITHIN 270 DAYS OF THE OCCURRENCE, VACANCY.

THIS BILL WAS ALREADY PASSED IN JANUARY. THERE WAS

AN AMENDMENT, AND THE SENATE ALREADY VOTED ON IT AND THEY PASSED IT,

ALSO.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. AND I ANTICIPATE THAT

WE WILL PASS IT UNANIMOUSLY. ANY EXPLANATION FROM THE GOVERNOR'S

OFFICE WHY HE HAS NOT FILLED ANY OF THESE VACANCIES FOR YEARS AND

YEARS?

MR. D'URSO: NO, I DON'T HAVE IT.

NYS ASSEMBLY MARCH 28, 2018

MR. GOODELL: THANK YOU.

MR. D'URSO: THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK -- EXCUSE ME.

THE CLERK: IMMEDIATELY.

ACTING SPEAKER AUBRY: LET ME SLOW DOWN.

READ THE LAST SECTION.

(LAUGHTER)

TRYING TO GET TO FRIDAY.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

(LAUGHTER)

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. D'URSO TO EXPLAIN HIS VOTE.

MR. D'URSO: YES, MR. SPEAKER. I SPONSOR THIS BILL

BECAUSE I THOUGHT IT WAS VERY NECESSARY TO HAVE ACTIVE BOARDS WITH ALL

THE -- YOU KNOW, THE POSITIONS FILLED. WHAT HAS HAPPENED HERE THAT FOR

THE -- SINCE 2011, NOT ONE APPOINTMENT HAS BEEN MADE TO FILL THOSE

VACANCIES, AND SOME OF THE BOARDS ARE STRUGGLING TO BE FULLY -- FULLY

EQUIPPED TO DO THEIR JOB. SO, THIS BILL WILL EMPOWER THE EXISTING

BOARDS, ALTHOUGH WITH NOT -- ALL THE POSITION -- WITH ALL THE POSITION

FILLED, TO MAKE AN INTERIM APPOINTMENTS AFTER 270 DAYS FOR THE VACANCY

IN AN INTERIM WAY THAT THE NEW APPOINTEES, YOU KNOW, WILL HAVE ALL THE

PRIVILEGE AND ALL THE VOTING RIGHTS THAT THE REGULAR BOARD WOULD HAVE.

NYS ASSEMBLY MARCH 28, 2018

UNTIL SUCH A TIME COMES THAT THE GOVERNOR -- HE'S THE ONLY ONE WHO

COULD APPOINT, YOU KNOW, THESE -- THESE BOARD MEMBERS -- WILL MAKE

THE APPOINTMENTS.

THAT'S WHAT THIS BILL TRIES TO DO, AND I WHOLEHEARTEDLY

CARRY IT, SPONSORED IT AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. D'URSO IN THE

AFFIRMATIVE.

MR. CROUCH TO EXPLAIN HIS VOTE.

MR. CROUCH: THANK YOU, MR. SPEAKER. I THINK IT'S

APPALLING THAT THE VOLUNTEERS THAT WERE -- ARE WILLING TO BE APPOINTED TO

THE VISITORS BOARD HAVE BEEN IGNORED SINCE 2010. THERE'S BEEN NO -- NO

OR VERY LITTLE APPOINTMENTS TO THE VISITORS BOARD FOR OUR VETERANS'

HOMES SINCE THEN. AND I WANT TO COMMEND THE SPONSOR, MR. D'URSO,

FOR BRINGING THIS FORWARD. I HAVE SUBMITTED NAMES OF QUALIFIED PEOPLE,

AND THEY HAVE NOT BEEN APPOINTED. I HAVE NOT HEARD ANYTHING BACK.

AND AGAIN, THIS IS -- THIS IS AN AFFRONT TO OUR VETERANS. THESE ARE -- IN

ORDER TO BE ON THE VISITORS BOARD, ACCORDING TO THE STATUTE YOU HAVE TO

BE A MEMBER OF A CONGRESSIONALLY-RECOGNIZED VETERANS ORGANIZATION.

AND THESE PEOPLE ARE VOLUNTEERING THEIR TIME, WILLING TO VOLUNTEER THEIR

TIME TO HAVE A SAY IN HOW OUR VETERANS HOMES ARE CONDUCTED IN TAKING

CARE OF OUR VETERANS. AND THE FACT THAT THE GOVERNOR HAS TOTALLY

IGNORED THIS, I THINK IS JUST A TRAVESTY AND IT'S AN AFFRONT TO OUR VETERANS.

SO I, AGAIN, COMMEND THE SPONSOR FOR DOING THIS SO

WE CAN HAVE A TURNOVER OR HAVE SEATS FILLED, WHATEVER IS THE NEED WITH

THESE VISITORS BOARD. I THINK THEY'RE A VERY, VERY IMPORTANT PART OF

NYS ASSEMBLY MARCH 28, 2018

CARING FOR OUR VETERANS AND OUR VETERANS' HOMES ACROSS THE STATE. SO, I

VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. CROUCH IN THE

AFFIRMATIVE.

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, SEPULVEDA. 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: ON A MOTION BY MR.

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

ADVANCED.

AND AN EXPLANATION IS REQUESTED, MR. WEPRIN.

MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS BILL IS

A CHAPTER AMENDMENT THAT AMENDS EXECUTIVE LAW SECTION 259(I)(4)(C)

TO REQUIRE THE PAROLE BOARD TO PUBLISH PAROLE ADMINISTRATIVE APPEAL

DECISIONS ON THEIR WEBSITE. I'LL NOTE THAT THIS BILL PASSED UNANIMOUSLY

IN THIS HOUSE.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

NYS ASSEMBLY MARCH 28, 2018

WEPRIN?

MR. WEPRIN: I'D BE HAPPY TO.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, DAVID. DAVID, I

KNOW YOU MENTIONED IN YOUR STATEMENT THAT THIS BILL, THE ORIGINAL BILL,

PASSED UNANIMOUSLY IN THE HOUSE LAST YEAR.

MR. WEPRIN: YES.

MR. PALMESANO: BUT THIS BILL HAS CHANGED, AT

LEAST FROM MY PERSPECTIVE. AND I THINK AFTER WE HAVE THIS DEBATE FROM

A NUMBER OF OUR COLLEAGUES' PERSPECTIVE, HAS CHANGED KIND OF

CONSIDERABLY. BECAUSE LAST YEAR, THE BILL THAT PASSED DEALT WITH THE

PAROLE APPEAL DECISION, CORRECT?

MR. WEPRIN: YES.

MR. PALMESANO: SO THIS BILL HAS BEEN CHANGED

NOT JUST -- APPEAL DECISION HAS BEEN STRUCKEN (SIC) AND THEN IT GOES TO

THE FINDINGS AND RECOMMENDATIONS THAT WOULD HAVE TO BE PUBLICIZED

AND MADE PUBLIC, CORRECT?

MR. WEPRIN: IT IS TECHNICALLY CORRECT, ALTHOUGH I

THINK OUR INTENT WHEN WE DID THE LEGISLATION WAS TO -- TO HAVE THE MORE

DETAILED AMOUNT, THE -- THE ACTUAL FINDINGS AND RECOMMENDATION.

BECAUSE MY UNDERSTANDING DURING THE COURSE OF THIS NEGOTIATION WITH

THE GOVERNOR'S OFFICE, THE GOVERNOR'S OFFICE POINTED OUT CORRECTLY THAT

DECISIONS WERE BASICALLY JUST DENIED OR APPROVED. IT HAD NO

EXPLANATION. SO WHAT WE REALLY WANTED WAS THE EXPLANATION TO BE

PUBLISHED, BECAUSE THEY KNOW THEY'VE BEEN DENIED. THERE'S REALLY --

NYS ASSEMBLY MARCH 28, 2018

SO THEY -- BASICALLY, THE GOVERNOR'S CORRECTED WHAT OUR REAL -- OUR

INTENT REALLY WAS.

MR. PALMESANO: I CAN UNDERSTAND YOU SAID THAT

WAS YOUR INTENT, BUT JUST TO MAKE IT CLEAR FOR THE HOUSE, THIS BILL HAS

CHANGED CONSIDERABLY, SO IT'S NOT --

MR. WEPRIN: I WOULD NOT USE THE WORD

"CONSIDERABLY."

MR. PALMESANO: WELL, WE CAN -- WE CAN DEBATE

THAT, TOO, BUT WE WON'T. SO, BUT RIGHT NOW, DAVID, ISN'T IT TRUE THAT THE

-- THE -- THE INDIVIDUAL WHO IS IMPACTED BY THE APPEAL DECISION, THAT --

THAT -- THAT INMATE, THAT INDIVIDUAL AND HIS ATTORNEY ARE PROVIDED THE

DECISION, BUT ALSO THE FINDINGS AND THE RECOMMENDATIONS. THE

ATTORNEY AND THE INDIVIDUAL GETS ALL THAT BACK, SO THEY WOULD HAVE THAT

TO REVIEW AS FAR AS ANY FURTHER LEGAL PROCESS, CORRECT?

MR. WEPRIN: YES, BUT IT'S NOT PUBLISHED ON THE

WEBSITE, AND THAT'S WHAT WE'D LIKE TO DO, HAVE IT PUBLISHED ON THE

WEBSITE.

MR. PALMESANO: ALL RIGHT. IN THE GOVERNOR'S

INITIAL VETO OF THE BILL, HE TALKED ABOUT -- AND I'LL QUOTE -- HE SAID,

"THERE ARE MULTIPLE SECURITY AND SAFETY CONCERNS THAT WOULD NEED TO BE

ADDRESSED, INCLUDING IMPLEMENTING SAFEGUARDS TO ENSURE THAT VICTIMS'

IDENTITIES ARE PROTECTED AND ACCESS IS APPROPRIATELY LIMITED." WHAT

TYPE OF SAFEGUARDS? BECAUSE I DIDN'T SEE ANY CHANGE IN THE LAW, IN THE

LEGISLATION FROM THE 2016 VERSION THAT WAS VETOED, TO THE 2017 BILL THAT

WAS PASSED UNANIMOUSLY. I DIDN'T SEE ANY CHANGES IN THE SPECIFIC

NYS ASSEMBLY MARCH 28, 2018

LANGUAGE. IS THERE SPECIFIC LANGUAGE CHANGES THAT YOU CAN REFER TO?

MR. WEPRIN: NO, IT HASN'T CHANGED BECAUSE THAT'S

THE LAW. THE LAW IS THAT CONFIDENTIAL INFORMATION IS NOT REVEALED, AND

IT WOULD BE REDACTED. SO THAT HAS NOT CHANGED. THAT WAS ALWAYS OUR

INTENT.

MR. PALMESANO: BUT WHEN YOU SAY IT'S REDACTED,

IT DOESN'T -- IN THE BILL IT DOESN'T SPECIFICALLY IDENTIFY WHAT'S REDACTED,

WHERE IT'S REDACTED, DOES IT, IN THE SPECIFIC BILL?

MR. WEPRIN: IT WOULD HAVE THE SAME REDACTION

REQUIREMENTS THAT FOIL DOES. IF SOMEONE FOILS A DOCUMENT AND IT'S

DETERMINED THAT THERE'S CONFIDENTIAL INFORMATION, THEN IT WOULD BE

REDACTED IN THAT FOIL REQUEST. IT WOULD BE THE SAME ELECTRONICALLY ON

THE WEBSITE.

MR. PALMESANO: WHO'S -- WHO'S IN CHARGE OF

MAKING THE DETERMINATION? BECAUSE THERE'S NOTHING IN THE LANGUAGE OF

THIS BILL THAT SAYS THIS INDIVIDUAL A OR THIS INDIVIDUAL B WILL BE IN

CHARGE OR TASKED WITH IDENTIFYING WHAT INFORMATION IS REDACTED, WHO'S

REDACTED, WHAT LANGUAGE IS REDACTED. I THINK THAT'S A BIG CONCERN I

SHARE WITH THIS LEGISLATION.

MR. WEPRIN: IT WOULD BE THE DEPARTMENT OF

CORRECTIONS THAT WOULD MAKE THAT DETERMINATION.

MR. PALMESANO: ANYONE SPECIFICALLY IN THE

DEPARTMENT OF CORRECTIONS?

MR. WEPRIN: THE COMMISSIONER.

MR. PALMESANO: THE COMMISSIONER? WELL, WE

NYS ASSEMBLY MARCH 28, 2018

CAN TALK ABOUT THAT, TOO, I SUPPOSE, BUT... WHAT ABOUT THE COST OF THIS,

DAVID? I KNOW -- BECAUSE YOU TALKED ABOUT A DATABASE BEING SET UP.

IS THERE A DATABASE ALREADY ESTABLISHED, OR IS THERE A COST THAT CAN BE

ASSOCIATED WITH THIS? HOW MUCH IS THIS GOING TO COST FOR THE PRINTING

AND THE DATABASE ASPECT OF IT TO PUBLICIZE THIS AND MAKE IT

ELECTRONICALLY AVAILABLE?

MR. WEPRIN: MY UNDERSTANDING THERE ALREADY IS A

DATABASE, SO ANY COST WOULD BE MINIMAL.

MR. PALMESANO: LISTEN -- ONE OTHER QUESTION.

(PAUSE) IN A MINUTE. SO, WE ALREADY -- WE AGREE THAT THE -- THE -- THE

-- THE -- IF I RECALL THAT YOU'RE SAYING -- SO IT'S THE CONTENTION THAT THIS

BILL, THAT THE DEPARTMENT OF CORRECTIONS COMMISSIONER WILL IDENTIFY

WHAT'S REDACTED, WHAT'S NOT. THAT YOU'RE GOING TO FOLLOW GUIDELINES

THAT ARE IN THE FOIL LAW SPECIFICALLY, BUT -- OR THE -- OR THE STATE LAW

RELATIVE TO PRIVACY. BUT -- BUT THE ATTORNEY ALREADY GETS THE

INFORMATION, SO THIS BILL HAS CHANGED FROM THE PERSPECTIVE LAST YEAR,

WHERE LAST YEAR IT WAS THE DECISION. THIS YEAR YOU'RE EXPANDING IT A

LITTLE BIT MORE BECAUSE THAT WAS YOUR ORIGINAL INTENT. SO THAT'S KIND OF

WHERE WE'RE AT FROM YOUR PERSPECTIVE ON THIS LEGISLATION?

MR. WEPRIN: YES. AND ALSO, IT GOES FROM 60 TO

120 DAYS FOR THEM TO COMPLY BECAUSE THEY FELT THEY NEEDED MORE TIME.

MR. PALMESANO: SO WHEN WE TALK ABOUT FINDINGS

AND RECOMMENDATIONS, THOUGH, ISN'T IT TRUE THAT UNDER THAT -- THAT

UMBRELLA, IT COULD BE TESTIMONY FROM A CORRECTIONS OFFICER OR IT COULD

BE INFORMATION THAT WAS PROVIDED BY A VICTIM OR A VICTIM'S FAMILY, OR --

NYS ASSEMBLY MARCH 28, 2018

OR A -- OR -- OR A -- OR A SOCIAL WORKER. SOMETHING -- SOMEONE WHO

MIGHT'VE WITNESSED SOMETHING DURING THAT COURSE OF THE TIME. ALL THAT

WOULD FALL UNDER THE -- YOU KNOW, THE DECISION-MAKING, WITH THE

APPEAL DECISION, WHICH WAS A PREVIOUS BILL, ALL THAT WOULD BE POSSIBLY

RELEASED. YOU'RE SAYING THE NAMES MIGHT NOT BE REDACTED, BUT WHAT -- I

GUESS THE QUESTION IS, WHAT IS GOING TO BE REDACTED? WHAT -- THE

TESTIMONY, WHETHER -- WOULD THE TESTIMONY OF THE INDIVIDUAL WOULD BE

PUBLIC, BUT THE INDIVIDUAL'S NAME BE VOIDED, OR WHAT WOULD THAT BE?

BECAUSE I THINK I WOULD FEEL MORE COMFORTABLE IF WE HAD -- IF THIS WAS

SPECIFICALLY LAID OUT IN THIS BILL, GIVEN THE SECURITY OF THE NATURE AND

WHAT WE'RE TALKING ABOUT.

MR. WEPRIN: YEAH, WELL, MY UNDERSTANDING OF

WHAT YOU'RE REFERRING TO IS -- IS CONSIDERED EVIDENCE THAT WOULD NOT BE

INCLUDED. IT WOULD BASICALLY BE THE RATIONALE BEHIND THE DECISION, NOT

THE ACTUAL TESTIMONY OR EVIDENCE.

MR. PALMESANO: SO BUT ISN'T -- ISN'T THAT

DISCUSSED AS PART OF THE RECOMMENDATIONS WHEN THERE'S DISCUSSION

BACK AND FORTH BETWEEN MEMBERS OF THE PAROLE BOARD, WHERE THEY'RE

COMING ABOUT WITH THE DECISION, THEY'RE TAKING INTO ACCOUNT TESTIMONY

AND THEY'RE TAKING INTO ACCOUNT WHETHER IT'S EVIDENCE, WHETHER IT'S

DOCUMENTATION. WOULDN'T THAT ALL COME APART AS PART OF THAT

RECOMMENDATION AND FINDINGS?

MR. WEPRIN: WELL, THERE'S NO TRANSCRIPT RELEASED.

AND, BASICALLY, IF THEY -- IF THEY DETERMINE THAT THAT'S PART OF THEIR

DECISION-MAKING PROCESS, BUT THEY WOULD HAVE TO SAY THAT IN THE

NYS ASSEMBLY MARCH 28, 2018

EXPLANATION, IN THE RECOMMENDATION THAT THEY -- THEY MAKE BEHIND THE

DECISION. SO THAT WOULD REALLY BE UP TO THEM WHETHER THEY DISCLOSE

ANY PIECE OF THAT KIND OF INFORMATION, BUT GENERALLY, WOULD NOT BE

BECAUSE THERE'S NO TRANSCRIPT AND IT WOULD NOT INVOLVE EVIDENCE.

MR. PALMESANO: ALL RIGHT. DAVID, THANK YOU FOR

YOUR TIME. I APPRECIATE IT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: YEAH, MR. SPEAKER AGAIN, I --

ON THIS LEGISLATION, LAST YEAR I SUPPORTED THE BILL THAT WAS BEFORE THE

HOUSE THAT DEALT WITH THE APPEAL DECISION BECAUSE THAT WAS THE PUBLIC

DECISION. I HAVE SOME SERIOUS RESERVATIONS ABOUT THE LANGUAGE IN THIS

BILL AND -- AND THE IMPACTS THAT IT COULD HAVE BY EXPANDING IT TO THE

FINDINGS AND RECOMMENDATIONS. THE FACT OF THE MATTER IS THERE'S REALLY

NO SPECIFIC LANGUAGE IN THIS BILL. I KNOW WE POINT -- THE SPONSOR POINTS

TO FOIL AND SOME OF THE LAWS THAT ARE ON THE BOOKS, BUT THERE'S NO

SPECIFIC LANGUAGE IN THIS BILL THAT SAYS WHAT'S REDACTED, WHAT CANNOT BE

REDACTED, WHO IS IN CHARGE OF REDACTING IT. I WOULD FEEL A LOT MORE

COMFORTABLE, CERTAINLY, IF THERE WAS SPECIFIC LANGUAGE IN THIS BILL GIVEN

THE NATURE WE'RE TALKING ABOUT. INDIVIDUALS WHO ARE IN PRISON, SOME

WHO HAVE COMMITTED VERY HEINOUS CRIMES. YOU KNOW, WE'RE TALKING

ABOUT INDIVIDUALS WHO MIGHT BE IMPACTED BY THIS: CORRECTIONS

OFFICERS, LAW ENFORCEMENT, FAMILIES, VICTIMS OF FAMILIES, A FAMILY --

FAMILIES OF VICTIMS, SOCIAL WORKERS, NURSES, PEOPLE WHO WORK IN OUR

CORRECTIONAL FACILITIES. INFORMATION THEY BRING THAT THEY MIGHT PROVIDE

NYS ASSEMBLY MARCH 28, 2018

GOING FORWARD RELATIVE TO THE -- THE PERSON WHO MIGHT BE COMING UP

FOR PAROLE, THEIR EXPERIENCES, WHAT THEY WITNESSED, WHETHER THAT

INDIVIDUAL IS SUITABLE UNDER THE CERTAIN CIRCUMSTANCES TO BE RELEASED TO

THE PUBLIC. I KNOW THE SPONSOR TALKED ABOUT THOSE THINGS AREN'T MADE

PUBLIC, BUT THERE'S NOTHING SPECIFIC IN THIS LANGUAGE THAT PROTECTS ANY OF

THAT. AND I THINK IN THAT CASE I THINK WE HAVE TO BE VERY CAUTIOUS OF

WHERE WE GO DOWN THIS ROAD ON THIS AREA, PERSONALLY.

THE GOVERNOR, IN HIS VETO MESSAGE IN 2016 -- I KNOW

HE'S A PART OF THIS NEGOTIATION -- SPECIFICALLY CITED MULTIPLE SECURITY AND

SAFEGUARDS RELATIVE TO THIS -- TO THIS ISSUE. NOTHING IN THE LANGUAGE HAS

CHANGED ON THIS BILL RELATIVE TO THAT. I ALSO THINK THE FACT OF THE MATTER

IS THIS INFORMATION IS ALREADY PRESENTED TO THE INMATE AND HIS ATTORNEY.

SO THEY GET ALL THE FINDINGS, ALL THE RECOMMENDATIONS, COME BACK TO

THEM SO THEY CAN REVIEW THEIR OPTIONS MOVING FORWARD IN THE LEGAL

SYSTEM. I THINK MAKING PUBLIC ALL THIS INFORMATION, THE FINDINGS AND

RECOMMENDATIONS, MAYBE AN INDIVIDUAL'S NAME MIGHT NOT BE

MENTIONED, MAYBE THAT WILL BE REDACTED, BUT THINGS THAT THEY BROUGHT

FORWARD BEING IN THE PUBLIC. CERTAINLY, PEOPLE CAN CIRCLE BACK AND

HAVE A CONVERSATION OF WHO SAID THIS, WHO DID THAT. FOR ME, THIS IS A

SECURITY AND SAFETY CONCERNS FOR OUR LAW ENFORCEMENT, FOR OUR VICTIMS,

FOR THE FAMILIES OF OUR VICTIMS, FOR SOCIAL WORKERS, PEOPLE WHO WORK IN

OUR CORRECTIONAL FACILITIES, PEOPLE WHO WORK IN PUBLIC SAFETY. SO, JUST

TO MY COLLEAGUES WHO SUPPORTED THIS UNANIMOUSLY LAST YEAR, I THINK

THIS BILL HAS CHANGED SIGNIFICANTLY, FROM MY PERSPECTIVE. AND

ALTHOUGH I KNOW MANY -- THIS IS BEING CALLED A CHAPTER AMENDMENT AND

NYS ASSEMBLY MARCH 28, 2018

MANY OF US VOTED YES IN FAVOR OF IT LAST YEAR, I WOULD SERIOUSLY

RECOMMEND A NO VOTE ON THIS BILL. GO BACK TO THE DRAWING BOARD TO

WHERE WE WERE LAST YEAR TO ADDRESS SOME OF THESE THINGS, BECAUSE I

THINK THIS OPENS THE DOOR TO SOME SERIOUS SAFETY AND SECURITY CONCERNS

FOR THE PEOPLE, FOR OUR FIRST -- OUR FIRST RESPONDERS, AND SPECIFICALLY, OUR

VICTIMS AND OUR VICTIMS' FAMILIES.

I HAVE A LOT -- A VERY SERIOUS CONCERN ABOUT THIS NEW

LANGUAGE IN THIS BILL, AND THAT'S WHY I'LL BE VOTING NO AND I URGE MY

COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GIGLIO.

MR. GIGLIO: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GIGLIO: THIS BILL CONCERNS ME FOR A LOT OF

REASONS, AND MOST OF THEM HAVE ALREADY BEEN TOUCHED ON. MY CONCERN

IS SIMPLE. OUT IN THE REAL WORLD WHERE CRIME IS BEING COMMITTED,

PEOPLE HESITATE TO COME FORWARD TO HELP LAW ENFORCEMENT SOLVE THOSE

CRIMES. THEY DO THAT BECAUSE THEY'RE CONCERNED ABOUT RETALIATION.

AND NOW WE'RE DOING EXACTLY THE SAME THING WITHIN THE WALLS OF OUR

FACILITIES. REDACTION WILL NOT WORK. PEOPLE THAT HAVE 24/7 TO FIGURE

OUT WHAT HAPPENED DURING THOSE HEARINGS WILL BE ABLE TO FIGURE OUT

WHO SAID WHAT AND WHO CAME FORWARD. WE DO NOT WANT TO DISCOURAGE

THAT. WE BRING UP WHISTLEBLOWER LAWS ALL THE TIME IN THIS HOUSE TO

HELP FURTHER THAT. SO IT IS MY CONCERN THAT THIS WILL DO THE EXACT

OPPOSITE. WE'LL REFRAIN PEOPLE FROM SPEAKING THEIR MIND AND FROM

NYS ASSEMBLY MARCH 28, 2018

HELPING US GET JUSTICE AND DO THINGS THE RIGHT WAY.

SO FOR THOSE REASONS, I WILL BE VOTING IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. WEPRIN TO EXPLAIN HIS VOTE.

MR. WEPRIN: THANK YOU, MR. SPEAKER. I JUST WANT

TO POINT OUT THAT I BELIEVE THAT THIS CHAPTER AMENDMENT IMPROVES THE

BILL, NOT WEAKENS IT, AND REALLY ALLOWS A PRECEDENT SETTING AS FAR AS THE

DECISIONS MADE. IF SOMEONE ELSE IS CONTEMPLATING AN APPEAL OR IF JUST

FOR LEGAL PRECEDENT, THE INFORMATION OF WHY THE DECISION WAS MADE A

CERTAIN WAY IS REALLY CRUCIAL AND REALLY WAS THE INTENT OF OUR ORIGINAL

LEGISLATION. SO, I WANT TO COMMEND THE GOVERNOR FOR MAKING OUR

ORIGINAL BILL BETTER.

I WITHDRAW MY REQUEST AND KINDLY -- AND VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MARCH 28, 2018

THE BILL IS PASSED.

THE CLERK: SENATE S07302, CALENDAR NO. 659,

HAMILTON (A08950, RODRIGUEZ, SEAWRIGHT, TAYLOR). AN ACT TO AMEND A

CHAPTER OF THE LAWS OF 2017, RELATING TO DIRECTING THE DEPARTMENT OF

FINANCIAL SERVICES TO STUDY, EVALUATE AND MAKE RECOMMENDATIONS

CONCERNING LICENSURE, LIMITS ON FEES AND INTEREST AND DISCLOSURE

PRACTICES OF BUSINESSES ENGAGED IN PENSION LOAN ADVANCEMENTS, AS

PROPOSED IN LEGISLATIVE BILLS NUMBERS S.6161-A AND A.684-A, IN

RELATION TO SUBMITTING A REPORT ON OR BEFORE JANUARY 1, 2019; AND TO

REPEAL SECTION 2 OF A CHAPTER OF THE LAWS OF 2017, RELATING TO DIRECTING

THE DEPARTMENT OF FINANCIAL SERVICES TO STUDY, EVALUATE AND MAKE

RECOMMENDATIONS CONCERNING LICENSURE, LIMITS ON FEES AND INTEREST AND

DISCLOSURE PRACTICES OF BUSINESSES ENGAGED IN PENSION LOAN

ADVANCEMENTS, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.6161-A AND

A.684-A, RELATING THERETO.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. RODRIGUEZ.

MR. RODRIGUEZ: THANK YOU, MR. SPEAKER. THIS

IS A CHAPTER AMENDMENT TO ADDRESS LEGISLATION THAT WAS PASSED

UNANIMOUSLY LAST YEAR TO HAVE A DFS STUDY TO LOOK SPECIFICALLY AT THE

INDUSTRY OF PENSION LOAN ADVANCEMENTS. THIS WAS PERNICIOUS PRACTICES

THAT WERE OCCURRING IN THIS STATE IN WHICH THERE WERE NUMEROUS

SETTLEMENTS BECAUSE COMPANIES WERE ISSUING LOANS AND

MISREPRESENTING THE PRODUCTS THAT THEY WERE OFFERING TO PENSIONERS AND

SENIORS WHO WERE TAKING UNFORTUNATELY HIGH INTEREST RATE LOANS AGAINST

NYS ASSEMBLY MARCH 28, 2018

THEIR PENSIONS. THIS IS NOT -- THIS WAS NOT REGULATED. AND AS A RESULT OF

TWO YEARS WORTH OF LITIGATION, DFS WAS ABLE TO RECOUP MUCH OF THE

MONEY AS WELL AS ADDITIONAL PENALTIES. BUT THERE ARE SPECIFIC ANSWERS

THAT HAVE NOT BEEN PROVIDED, WHICH IS ARE THESE COMPANIES STILL

ENGAGING IN THESE PRACTICES HERE IN NEW YORK STATE. SO THAT'S THE

PURPOSE OF THE STUDY. AND THE CHAPTER AMENDMENT CHANGES THE DATE,

TOO, SO THAT WE CAN GET DELIVERY OF THIS INFORMATION BY JANUARY 1ST OF

2019, AND ADDRESSES PUBLIC HEARING REQUIREMENTS. AND -- AND THAT WAS

PART OF NEGOTIATIONS WITH THE EXECUTIVE WHERE THEY FELT THEY HAD

SUFFICIENT INFORMATION AS A RESULT OF THE LITIGATION AND THE SETTLEMENTS

THAT WERE ARRIVED TO TO BE ABLE TO COMPLETE THIS REPORT IN A TIMELY

FASHION. AND THEN WE ARE IN DISCUSSIONS WITH THEM ABOUT PARTICIPATING

IN PUBLIC HEARINGS AFTER THE -- THE -- THE REPORT IS PROVIDED TO THE

LEGISLATURE.

ACTING SPEAKER AUBRY: MR. LALOR.

MR. LALOR: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

RODRIGUEZ?

MR. RODRIGUEZ: CERTAINLY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. LALOR: I THINK THE REPORT IS A -- IS A GOOD IDEA.

IS THERE ANY ENFORCEMENT PROVISIONS TO MAKE SURE THAT THIS REPORT IS

DONE TIMELY?

MR. RODRIGUEZ: NO. JUST THE DATE IN WHICH, YOU

NYS ASSEMBLY MARCH 28, 2018

KNOW, WE ARE REQUIRING THEM TO DELIVER IT, WHICH IS JANUARY 1ST OF

2019.

MR. LALOR: BUT IF THEY PASS THE DATE THERE'S NO

REPERCUSSIONS?

MR. RODRIGUEZ: NO, THERE ARE NOT IN THE -- IN THE

LEGISLATION, NO.

MR. LALOR: AND WE PASSED MORE OR LESS THE SAME

BILL LAST YEAR. ARE THERE ANY DIFFERENCES BETWEEN LAST YEAR'S BILL AND

THIS YEAR'S BILL?

MR. RODRIGUEZ: I -- I NOTED THE TWO DIFFERENCES.

ONE IS THE DATE, AND ONE IS THE PUBLIC HEARING REQUIREMENT BEFORE THE

REPORT IS ISSUED.

MR. LALOR: AND THE ABSENCE OF THE PUBLIC HEARING

IN THIS LEGISLATION BEFORE US TODAY, DID THE CHAIRMAN OF THE BANKS

COMMITTEE ASK FOR THAT?

MR. RODRIGUEZ: NO, THE EXECUTIVE ASKED FOR

THAT. AND THE RATIONALE WAS THAT AS A RESULT OF ALL THE WORK DONE WITH

LITIGATION AND SETTLEMENT THAT THERE WAS SUFFICIENT INFORMATION TO BE

ABLE TO DELIVER THAT, YOU KNOW, WITH THE COMPREHENSIVE NATURE AND

THEN ENGAGE IN PUBLIC HEARINGS AFTER THE DELIVERY OF THE REPORT.

MR. LALOR: BUT WE'RE NOT REALLY SURE WHEN THE --

WHEN THE REPORT IS GOING TO COME. WE'RE HOPING IT COMES ON TIME, BUT

WE KNOW REPORTS IN THIS -- IN THIS TOWN COME WHEN THEY WANT TO COME.

THEY COME ON A FRIDAY OF A LONG WEEKEND SOMETIMES. SO WE MIGHT

NEVER GET THE REPORT, AND AS A RESULT, IS IT POSSIBLE WE NEVER GET THE

NYS ASSEMBLY MARCH 28, 2018

PUBLIC HEARING?

MR. RODRIGUEZ: THAT'S CORRECT. UNFORTUNATELY,

ON ALL REPORTS THAT GENERALLY IS NOT ENFORCEMENT. HOWEVER, IN OUR

CONVERSATIONS, YOU KNOW, WITH THE -- WITH THE EXECUTIVE, THEY CERTAINLY

HAVE DONE WORK IN THIS AREA AND, YOU KNOW, AND -- AND BECAUSE IT HAS

TAKEN US THREE YEARS TO GET TO THIS POINT, THE FACT THAT WE ARE ENGAGED IN

NEGOTIATIONS TO ACTUALLY HAVE IT HAPPEN LEADS US TO BELIEVE THAT, YOU

KNOW, THEY'RE IN A POSITION TO ISSUE THE REPORT IN A -- IN A TIMELY

FASHION.

MR. LALOR: ALL RIGHT. THANK YOU.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LALOR: YOU KNOW, I'M A "TRUST BUT VERIFY"

KIND OF GUY, AND I APPRECIATE THAT MAYBE THERE IS SOME GOOD FAITH, THAT

THEY'RE PROMISING TO DO THE REPORTS ON TIME, THAT THEY'RE PROMISING TO

EVENTUALLY HAVE THIS PUBLIC HEARING. BUT, I'D LIKE TO SEE IT IN THE

LEGISLATION. CERTAINLY, IT'S POSSIBLE TO HAVE IT IN THE LEGISLATION. IT WAS

IN THERE LAST YEAR. YOU KNOW, IF YOU OPEN THE PAPERS, THE PUBLIC IS

CERTAINLY CALLING OUT FOR MORE TRANSPARENCY. THIS PUBLIC HEARING IS A --

A GREAT EXAMPLE AND A GREAT TOOL FOR TRANSPARENCY. WE HAVE

TRANSPARENCY WEEK IN THIS CHAMBER AND IN THIS -- IN THIS LEGISLATURE

AND IN THIS CITY, BUT HERE WE ARE, CHANGING LEGISLATION TO HAVE LESS

TRANSPARENCY. AND FOR THAT REASON, ALTHOUGH THERE ARE MANY GOOD

ASPECTS OF THIS BILL AND THE OVERALL GOAL OF THE BILL IS GOOD, I THINK WE

CAN HAVE THE GOOD AND ALSO HAVE THE TRANSPARENCY.

NYS ASSEMBLY MARCH 28, 2018

AS A RESULT, I ENCOURAGE MY COLLEAGUES TO VOTE IN THE

NEGATIVE, AS I WILL DO. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY.

MR. LALOR IN THE NEGATIVE.

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. RODRIGUEZ TO EXPLAIN HIS VOTE.

MR. RODRIGUEZ: THANK YOU. I THINK IT'S

IMPORTANT FOR US TO RECOGNIZE THAT AS A STATE, WE LOOK TO LEGISLATE AND

MAKE SURE THAT THERE ARE NO USURIOUS PRACTICES THAT ARE HAPPENING, AND

DFS IS THERE TO REGULATE AND ENSURE THAT THIS DOESN'T HAPPEN.

HOWEVER, IN 2011 TO 2014, OVER $2 MILLION OF LOANS WERE ISSUED TO

OVER 282 PENSIONERS WHO ARE SENIORS WHO WORKED HARD TO EARN THESE,

AND WE STILL DON'T HAVE A -- HAVE CLARITY ON HOW THAT WAS ABLE TO

HAPPEN, WHAT ARE THE SAFEGUARDS TO MAKE SURE THAT DOESN'T HAPPEN

AGAIN, THAT THERE AREN'T ANY OTHER KIND OF PAYDAY LOAN ACTIVITIES THAT ARE

ABLE TO KIND OF SNEAK IN UNDER THE RADAR AND TAKE ADVANTAGE OF NEW

YORKERS. THIS REPORT WILL HOPEFULLY PROVIDE ANSWERS INTO HOW THAT

GETS DONE, AND PROVIDE TRANSPARENCY FOR US TO BE ABLE TO BETTER REGULATE

PEOPLE WHO LEND IN THIS STATE, AND PARTICULARLY THOSE WHO TAKE

ADVANTAGE OF SENIORS IN THIS STATE. SO I THINK THIS IS HOPEFULLY A WAY

THAT WE CAN CLOSE THE CHAPTER ON HOW THESE PENSION LOAN

NYS ASSEMBLY MARCH 28, 2018

ADVANCEMENTS COMPANIES WERE AVAILABLE TO COME INTO NEW YORK AND

ISSUE THESE HORRIBLE PRODUCTS, BUT THEN MOST IMPORTANTLY, HOW WE DEALT

WITH IT. AND IT IS MY HOPE THAT AT THE END OF THIS, WE ARE ABLE TO SAY

THAT THEY NO LONGER OPERATE HERE AND THEY ARE NO LONGER ABLE TO MAKE

THESE KIND OF PRODUCTS AVAILABLE TO THE CITIZENS OF NEW YORK STATE.

AS A RESULT, I'LL BE VOTING IN THE AFFIRMATIVE AND URGE

MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. RODRIGUEZ IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY -- SENATE NO. S07286,

CALENDAR NO. 700, SENATOR HAMILTON (A08994, TITUS, TAYLOR). AN ACT

TO AMEND THE PUBLIC HOUSING LAW, IN RELATION TO GRANTING TENANTS WITH

A PHYSICALLY- DISABLING CONDITION THAT AFFECTS THEIR MOBILITY A

PREFERENCE IN OCCUPYING A VACANT DWELLING UNIT ON A LOWER FLOOR IN THE

SAME OR IN A DIFFERENT PROJECT OPERATED BY THE NEW YORK CITY HOUSING

AUTHORITY, BASED ON THE TENANT'S CHOICE

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. TITUS.

MS. TITUS: YES. THIS -- THANK YOU, MR. SPEAKER.

THE PURPOSE OF THIS BILL IS TO CODIFY NYCHA'S CURRENT POLICIES AND

PROCEDURES WITH REGARDS TO OFFERING THE FIRST RIGHT OF REFUSAL TO TENANTS

WITH DISABILITIES AFFECTING THEIR MOBILITY. MORE SPECIFICALLY, IT ALLOWS

NYS ASSEMBLY MARCH 28, 2018

PEOPLE WHO HAVE DISABILITIES THE RIGHT TO MOVE TO A LOWER FLOOR. THIS

IS A CHAPTER AMENDMENT WHICH WE ARE FALLING IN LINE, I GUESS, WITH THE

CITY'S CURRENT POLICIES IN CHANGING WORDS SUCH AS "TENANT OR LEGAL

OCCUPANT" TO "AUTHORIZED MEMBER OF THE HOUSEHOLD." AND, OF COURSE,

THE MAJOR CHANGE IS NOT ONLY ALLOWING THAT TENANT TO MOVE TO A LOWER

FLOOR IN THEIR BUILDING, BUT ANY LOWER FLOOR THROUGHOUT NYCHA THAT

COMES AVAILABLE, THEY WOULD HAVE THE RIGHT OF FIRST REFUSAL.

MR. GOODELL: WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. GOODELL -- WILL

YOU YIELD?

MS. TITUS: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. TITUS YIELDS, MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MS. TITUS.

AS YOU KNOW, A FEW YEARS AGO NYCHA REACHED A CONSENT AGREEMENT

WITH HUD, FEDERAL HUD, TO BRING A NUMBER OF APARTMENTS INTO

COMPLIANCE WITH HANDICAPPED-ACCESSIBILITY REQUIREMENTS AND TO

UPGRADE THEM, RIGHT? YOU'RE FAMILIAR WITH THAT.

MS. TITUS: I'M -- I'M NOT FAMILIAR, BUT I REMEMBER

IN THE LAST DEBATE THAT WAS BROUGHT -- BROUGHT UP.

MR. GOODELL: SO, THIS BILL WOULD SAY THAT IF A

LOWER APARTMENT IS AVAILABLE, THAT SOMEONE WHO HAS A DISABILITY WOULD

HAVE FIRST OPTION TO GET THE LOWER APARTMENT, CORRECT?

MS. TITUS: YES.

MR. GOODELL: DOES THIS BILL REQUIRE THAT --

NYS ASSEMBLY MARCH 28, 2018

MS. TITUS: IT WILL ALSO -- BUT NYCHA'S ALSO

PRESERVING THEIR CURRENT ABILITY TO GIVE HIGHER PREFERENCE TO INDIVIDUALS

WHO REQUIRE AN EMERGENCY TRANSFER DUE TO THEIR UNIT BEING INHABITABLE.

MR. GOODELL: IS THERE ANY PROVISION THAT SAYS THAT

THE LOWER APARTMENT HAS TO BE HANDICAPPED-ACCESSIBLE?

MS. TITUS: NO.

MR. GOODELL: DOES THIS THEN REQUIRE NYCHA TO

RENOVATE THE LOWER APARTMENT TO MAKE IT HANDICAPPED-ACCESSIBLE SO

THAT THE PERSON CAN MOVE DOWN?

MS. TITUS: NO.

MR. GOODELL: SO -- SO WHAT WE ARE DOING IS

SAYING THAT PEOPLE WHO NEED SPECIAL CHARACTERISTICS IN THEIR APARTMENT

TO MAKE IT HANDICAP ACCESSIBLE CAN LEAVE A HANDICAPPED-ACCESSIBLE

APARTMENT AND GO TO A LOWER FLOOR?

MS. TITUS: YES. THIS -- THIS BILL -- SEVERAL YEARS

AGO, IN MY DISTRICT IN PARTICULAR, WE HAD A TRAGEDY WHERE A MOTHER AND

HER WHEEL-BOUND DAUGHTER PERISHED IN A FIRE. BUT MORE RECENTLY, AFTER

HURRICANE SANDY AND AFTER THE DEVASTATION THAT OCCURRED IN MY DISTRICT,

AS WE WENT THROUGH THE BUILDINGS WE REALIZED THAT THERE WERE A LOT OF

PEOPLE THAT HAD HANDICAPS THAT WERE STRANDED IN THE UPPER FLOORS. SO,

THIS BILL, I THINK, IS VERY TIMELY IN JUST RECTIFYING THAT ISSUE WITH

ALLOWING PEOPLE TO MOVE TO A LOWER FLOOR. IN A CASE OF EMERGENCY THEY

HAVE EASIER ACCESS TO LEAVE.

MR. GOODELL: THANK YOU. THANK YOU, MR.

SPEAKER.

NYS ASSEMBLY MARCH 28, 2018

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

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.

MR. MORELLE.

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

YOU PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. OTIS: THERE WILL BE A BRIEF MEETING OF THE

DEMOCRATIC CONFERENCE FOLLOWING THE ADJOURNMENT OF SESSION.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE FOLLOWING THE CONCLUSION OF SESSION.

MR. MORELLE.

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

COULD DO HOUSEKEEPING AND RESOLUTIONS, AND I UNDERSTAND THERE IS A

RESOLUTION BY MS. SOLAGES WHICH SHE WOULD LIKE TO BE HEARD ON, IF WE

COULD TAKE THAT UP FIRST.

ACTING SPEAKER AUBRY: CERTAINLY. WE'LL DO

THE HOUSEKEEPING, GET THAT OUT OF THE WAY.

NYS ASSEMBLY MARCH 28, 2018

ON A MOTION BY MR. O'DONNELL, PAGE 22, CALENDAR

NO. 145, BILL NO. 1909, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. DE LA ROSA, PAGE 65, CALENDAR

NO. 493, BILL NO. 7016, AMENDMENTS ARE RECEIVED AND ADOPTED.

THE CLERK WILL READ TITLE OF THE RESOLUTION.

THE CLERK: ASSEMBLY NO. 968, MS. SOLAGES.

LEGISLATIVE RESOLUTION PAYING TRIBUTE TO THE LIFE AND

VALIANT SERVICE OF LIEUTENANT MICHAEL R. DAVIDSON, WHO DIED ON

MARCH 23, 2018.

ACTING SPEAKER AUBRY: MS. SOLAGES ON THE

RESOLUTION. PLEASE MEMBERS, TAKE THEIR SEATS. WE'LL HAVE QUIET.

MS. SOLAGES: THANK YOU, MR. SPEAKER. TODAY

THIS LEGISLATIVE BODY PAUSES TO REMEMBER LIEUTENANT MICHAEL R.

DAVIDSON OF THE NEW YORK CITY FIRE DEPARTMENT, ENGINE 69. ON

MARCH 22ND, LIEUTENANT DAVIDSON, A 15-YEAR VETERAN OF THE FIRE

DEPARTMENT, MADE THE SUPREME SACRIFICE. HE GAVE HIS LIFE WHILE

WORKING AS A NOZZLEMAN, WHICH FOR THOSE YOU KNOW, ARE THE FIRST

PEOPLE WHO ENTER A FIRE AND INTERFACE WITH THE FIRE.

TIME WOULD NOT ALLOW ME TO DESCRIBE THE LIFE AND

BRAVERY OF LIEUTENANT DAVIDSON. THE STORIES ARE COUNTLESS. WHEN A

NEW FIREFIGHTER CAME TO THE HOUSE, THE FIREHOUSE, HE WOULD TAKE IT UPON

HIMSELF TO GIVE ADVICE ON HOW TO TRAIN, HOW TO INTERFACE WITH A FIRE, OR

EVEN HOW TO EXERCISE. WHEN A COLLEAGUE'S DAUGHTER NEEDED HELP, HE

ORGANIZED A FUNDRAISER. AND LAST WEEK DURING THAT NOR'EASTER, HE WENT

UP AND DOWN THE BLOCK, SHOVELING THE SNOW OF THE NEIGHBORS' HOUSES.

NYS ASSEMBLY MARCH 28, 2018

LIEUTENANT DAVIDSON WAS A NATURAL-BORN LEADER. A PROUD MEMBER OF

THE FDNY, AN ACTIVE NEIGHBOR IN THE COMMUNITY OF FLORAL PARK ON

LONG ISLAND, AND ABOVE ALL, WAS A DEDICATED HUSBAND AND FATHER TO FOUR

PRECIOUS CHILDREN. HIS DEATH IS A HEARTBREAKING TRAGEDY, BUT SOMEONE

ONCE SAID THAT A FIREFIGHTER NEVER DIES. INSTEAD, THEY LIVE FOREVER IN THE

HEARTS OF THE PEOPLE WHOSE LIVES THEY SAVED. LIEUTENANT DAVIDSON

BRAVELY BATTLED MANY FIRES AND RESPONDED TO COUNTLESS CALLS OF HELP

FROM NEW YORKERS THROUGHOUT HIS 50 -- THROUGHOUT HIS 15 YEARS OF

DEDICATION. HIS LEGACY WILL LIVE IN THE HEARTS OF COUNTLESS NEW

YORKERS THAT HE SAVED.

MAY GOD BLESS ALL OUR FIRE SERVICE HEROES, AND MAY

LIEUTENANT DAVIDSON REST IN PEACE.

ACTING SPEAKER AUBRY: MR. BRAUNSTEIN.

MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER. AND

LET ME THANK THE SPONSOR FOR INTRODUCING THIS RESOLUTION. LIEUTENANT

MICHAEL DAVIDSON WAS A FRIEND OF MINE, AND I COULD TELL YOU TODAY THAT

WE ARE HONORING SOMEONE WHO WAS TRULY EXTRAORDINARY. I MET MIKE

DAVIDSON IN HIGH SCHOOL. I COULD DESCRIBE HIM AS SOMEBODY WHO WAS

QUIET AND UNASSUMING, BUT WAS PRETTY MUCH LIKED BY EVERYBODY HE

CAME IN CONTACT WITH. ONE QUALITY THAT HE HAD THAT WAS UNIQUE TO HIM

AND I THINK THAT PEOPLE ADMIRED ABOUT HIM WAS HE WAS POSSESSED WITH

A MORAL COMPASS THAT SEEMED TO GUIDE HIM TO ALWAYS DO WHAT WAS

RIGHT. HE ALWAYS DID THE HONORABLE THING. AND, YOU KNOW, IT WAS

SOMETHING THAT EVERYBODY RECOGNIZED, THAT MIKE WOULD ALWAYS PUT

OTHERS BEFORE HIMSELF. AS A FRIEND, AND IF YOU TALKED TO OTHER FRIENDS

NYS ASSEMBLY MARCH 28, 2018

OF MIKE, IF YOU ASKED THEM WHAT ARE SOME OF THE QUALITIES THAT HE HAD,

HE WAS SOMEONE THAT COULD BE -- ALWAYS, ALWAYS BE TRUSTED. IF YOU

WERE IN A DIFFICULT SITUATION OR IF YOU, YOU KNOW, YOU NEEDED TO PICK

ONE PERSON THAT YOU WOULD WANT NEXT TO YOU IN A FOXHOLE, ANYBODY

WHO WAS FRIENDS WITH MIKE WOULD PICK HIM FIRST. IT WAS NO SURPRISE TO

ANYBODY WHEN MIKE WAS IN HIS EARLY 20'S WHEN HE JOINED THE FDNY,

FOLLOWING IN HIS FATHER'S FOOTSTEPS. IT WAS ALSO NO SURPRISE TO ANYBODY

THAT DURING THE COURSE OF HIS 15-YEAR CAREER THAT HE WAS CITED FOR

BRAVERY ON NUMEROUS INSTANCES. AND, UNFORTUNATELY, IT WAS ALSO NO

SURPRISE TO ANYBODY THAT HE WOULD CHOOSE THE DANGEROUS POSITION AS

NOZZLEMAN AND BE THE FIRST PERSON INTO THE FIRE, ASSUMING THE RISK

BEFORE HE WOULD LET ANY OF HIS FELLOW FIREFIGHTERS DO SO.

THIS PAST SUNDAY I HAD THE OPPORTUNITY TO ATTEND

LIEUTENANT DAVIDSON'S WAKE. THERE WAS HUNDREDS AND HUNDREDS OF

PEOPLE THERE. PEOPLE WHOSE LIVES MIKE TOUCHED THROUGHOUT THE YEARS.

THERE WAS PEOPLE FROM WHERE HE GREW UP IN WOODSIDE, QUEENS.

THERE WAS PEOPLE FROM MOLLOY HIGH SCHOOL, WHERE HE WENT TO SCHOOL.

THERE WAS PEOPLE FROM IONA COLLEGE. THERE WAS PEOPLE FROM FLORAL

PARK, WHERE HE LIVED WITH HIS WIFE AND HIS FOUR KIDS. AND, OF COURSE,

THERE WAS EVERYBODY FROM HIS FDNY FAMILY. THE HUGE TURNOUT WAS

JUST AN EVIDENCE OF HOW MANY LIVES THAT HE TOUCHED IN HIS SHORT 37

YEARS.

YESTERDAY I HAD THE OPPORTUNITY TO WATCH THE FUNERAL.

IT WAS BROADCAST ONLINE BECAUSE WE WERE UP HERE. BUT IT WAS

BROADCAST ONLINE FROM ST. PATRICK'S CATHEDRAL IN MANHATTAN. AND

NYS ASSEMBLY MARCH 28, 2018

MIKE'S BROTHER ERIC GAVE A BEAUTIFUL EULOGY WHERE HE, IN THE IRISH

TRADITION, URGED PEOPLE TO CELEBRATE HIS LIFE. HE TOLD PEOPLE TO SHARE

STORIES ABOUT HIM. HE TOLD PEOPLE TO LAUGH. AND TODAY AS WE

REMEMBER IN OUR WAY HERE IN THE STATE ASSEMBLY, LIEUTENANT MIKE

DAVIDSON, IT'S THROUGH THOSE STORIES OF THOSE HUNDREDS OF PEOPLE WHO

WERE AT THE FUNERAL, SHARING THEM WITH THEIR FAMILIES AND FRIENDS AND

LAUGHING THAT WE'LL MAKE SURE THAT LIEUTENANT MIKE DAVIDSON WILL

TRULY NEVER BE FORGOTTEN.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAYLOR.

MR. TAYLOR: THANK YOU, MR. SPEAKER. THANK

YOU, MY COLLEAGUES, FOR THIS RESOLUTION. AND I JOIN WITH THEM IN

ACKNOWLEDGING LIEUTENANT MICHAEL DAVIDSON FOR THE SERVICES THAT HE

RENDERED TO OUR CITY AND THE BRAVERY THAT HE EXHIBITED. AS SOME OF

YOU MAY OR MAY NOT KNOW, THE FIRE TOOK PLACE IN MY DISTRICT. AND I

HEARD THE FIRE TRUCKS AND I WAS OUTSIDE OF THE PLACE MAYBE ABOUT HALF-

AN-HOUR BEFORE THE FIRE STARTED. BUT IT WAS A MOVIE SET, AND

UNBEKNOWNST TO ME TWO HOURS LATER, I THOUGHT IT WAS ACTUALLY PART OF

THE MOVIE SET, ONLY TO LEARN THAT SOMEONE HAD LOST THEIR LIFE. BUT AS --

AS I LISTENED TO THE EULOGY YESTERDAY BY HIS BROTHER, IT WAS AMAZING

BECAUSE HE DID SPEAK TO LAUGHTER. HE SPOKE ABOUT SOMEONE THAT SO

MANY PEOPLE COULD IDENTIFY WITH, AND THROUGH SOME SMALL WAYS I

STARTED TO SEE SOMEBODY. AND WHEN YOU TALK TO THE PEOPLE IN THE

COMMUNITY, HE WAS THAT PERSON THAT LOVED ON THE COMMUNITY, FOLKS FELT

COMFORTABLE WITH HIM. HE WAS ALWAYS AVAILABLE. AND HE SPENT 15

NYS ASSEMBLY MARCH 28, 2018

YEARS AT A STATION JUST A BLOCK FROM MY DISTRICT. AND SO, SPENDING TIME

WITH THE CAPTAIN THERE THE OTHER DAY, YOU GOT TO KIND OF KNOW MIKE.

AND I -- I THINK WHAT -- WHAT IS BEING SAID HERE ON THE FLOOR TODAY, HE

WAS MORE THAN JUST AN INDIVIDUAL THAT HAPPENED TO HAVE A JOB AS A

FIREMAN. HE WAS SOMEONE THAT WAS LOVED BECAUSE HE SHOWED AND

EXHIBITED LOVE IN EVERYTHING HE DID. AND IN MY CONTEXT, IDEALLY, WHEN

YOU'RE TALKING CLERGY, THAT PERSON'S RESPONSIBILITY IS TO SERVE. TO SERVE

OTHERS BEFORE THEMSELVES, AND THAT'S WHAT LIEUTENANT MICHAEL

DAVIDSON DID, SERVED OTHER'S NEEDS BEFORE HIMSELF AND PUTTING HIM IN

HARM'S WAY. AND I UNDERSTAND LATER TODAY, AFTER A COUPLE DAYS, WHAT A

NOZZLEMAN IS. THAT'S THE PERSON THAT GOES THROUGH THE DOOR FIRST. AND

IT IS EVERYTHING THAT YOU ENCOUNTER WHEN YOU GET THERE, AND THAT'S THE

TYPE OF PERSON THAT HE EXHIBITED HIMSELF TO BE; NOT AFRAID OF THE

DANGERS IN FRONT OF HIM NOR THOSE THINGS THAT MAY BE CHALLENGING BUT,

YET, HE WAS LOVING. AND I LISTENED TO HIS BROTHER SAY THIS: HE SAID

ABOUT MICHAEL THAT HE WOULD NEVER GET MARRIED. HE SAID, HEY, BRO.

I'M NEVER GOING TO GET MARRIED. AND IT FOUND NOT TO BE TRUE, BECAUSE

HE MARRIED, HE HAD FOUR BEAUTIFUL KIDS. AND THERE WAS LAUGHTER IN THE

PLACE AMONGST THE SORROW THAT EXISTED.

SO I STAND TO SAY THANK YOU FOR INTRODUCING THIS LEG --

THIS RESOLUTION, BUT ALSO TO LEND MY VOICE TO A MAN THAT GAVE TIRELESSLY

OF HIMSELF AND THE ULTIMATE SACRIFICE FOR SERVING. THANK YOU.

ACTING SPEAKER AUBRY: MS. DICKENS.

MS. DICKENS: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME THIS OPPORTUNITY TO RECOGNIZE AN AWESOME FAMILY MAN

NYS ASSEMBLY MARCH 28, 2018

WHO SERVED CENTRAL HARLEM. A YOUNG FATHER POISED TO RAISE FOUR YOUNG

CHILDREN, TO RAISE THEM WITH HIS WIFE, EILEEN, TRAPPED IN A HARLEM

BROWNSTONE, BURNING. AN HISTORIC LOCATION FOR THE HARLEM 1930S AND

'40S, THE ST. NICHOLAS PUB. I WANT TO THANK THE SPONSOR FOR BRINGING

THIS RESO TO OUR FLOOR.

THE ONE THING THAT LIEUTENANT DAVIDSON WAS KNOWN

FOR WAS THAT HE WAS THE FIRST TO ENTER A BURNING BUILDING IN SEARCH OF

PEOPLE THAT MIGHT STILL BE LEFT BEHIND. IN FACT, THERE WAS ONE MAN THAT

WAS PULLED OUT THAT WAS NOT AWARE THAT LIEUTENANT DAVIDSON WAS LEFT

BEHIND. AND WHEN HE FOUND OUT ON TELEVISION WHEN HE WAS GIVING

THANKS, HE BEGAN TO CRY. IT IS THIS FIERCE FIGHTER FOR LIFE, FOR THOSE THAT

HE FELT HE WAS RESPONSIBLE FOR, THAT CAUSED LIEUTENANT DAVIDSON TO LOSE

HIS LIFE. I WANT TO THANK HIM. I WANT TO THANK HIS FAMILY FOR SHARING

HIM. I WANT TO RECOGNIZE HIS COLLEAGUES IN THE FIREHOUSE ON 142ND

STREET, IN MY DISTRICT, FOR THE SERVICE THEY RENDER. I WANT TO THANK ALL

FIRST RESPONDERS, AND IN THIS CASE, I'M ASKING THAT LIEUTENANT MICHAEL

DAVIDSON REST IN PEACE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. I JUST WANT TO

BRIEFLY ADD MY VOICE TO THIS RESOLUTION, AND I THANK THE SPONSOR FOR

BRINGING IT FORWARD. I -- AND I HAVE THE PRIVILEGE OF ALSO REPRESENTING

THE COMMUNITY OF FLORAL PARK ALONG WITH ASSEMBLYWOMAN SOLAGES,

AND IT'S A WONDERFUL COMMUNITY BECAUSE OF PEOPLE LIKE LIEUTENANT

DAVIDSON WHO CARE FOR THEIR NEIGHBORS, WHO CARE ABOUT THEIR

NYS ASSEMBLY MARCH 28, 2018

COMMUNITY, WHO ARE -- WHO ARE INVOLVED. AND I THINK, YOU KNOW, WE

ALL HAVE A GREAT AFFINITY FOR PEOPLE THAT ANSWER THAT CALL TO SERVICE,

SERVING IN ORGANIZATIONS LIKE THE FDNY. AND, UNFORTUNATELY, EVERY

NOW AND AGAIN WE END UP IN THIS TYPE OF SITUATION WHERE SOMEBODY

MAKES THE ULTIMATE SACRIFICE TRYING TO KEEP THE CITY OF NEW YORK SAFE

OR -- OR ANY OTHER, YOU KNOW, MUNICIPALITY ON WHICH THEY'RE CALLED

UPON TO SERVE. AND I JUST WANT TO ADD MY -- MY THOUGHTS AND PRAYERS

TO -- TO THE FAMILY, TO LIEUTENANT DAVIDSON'S WIFE, EILEEN, TO HIS FOUR

CHILDREN, TO HIS PARENTS AND TO THE ENTIRE FDNY, THE BROTHERS AND

SISTERS WHO -- WHO HE SERVED WITH AND PROTECTED THE CITY OF NEW YORK.

MAY HE REST IN PEACE, AND MAY WE ALL, YOU KNOW, THROUGHOUT THE YEARS

TO COME, REMEMBER HIS FAMILY. AND I KNOW HIS BROTHER AND SISTER ARE

FIREFIGHTERS BECAUSE IT'S THE ONLY WAY THEY KNOW TO DO IT. WILL ALWAYS

BE THERE FOR HIS FAMILY, AND I HOPE WE WILL ALWAYS BE THERE TO SUPPORT

THAT.

THANK YOU.

ACTING SPEAKER AUBRY: MAY WE RISE IN

ACCEPTANCE OF THIS RESOLUTION.

MAY HE REST IN PEACE.

THE RESOLUTION IS ADOPTED.

WE HAVE NUMEROUS OTHER RESOLUTIONS WHICH WE WILL

TAKE UP IN ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 969-971

NYS ASSEMBLY MARCH 28, 2018

WERE UNANIMOUSLY ADOPTED.)

MR. MORELLE.

MR. MORELLE: THANK YOU, SIR. TOMORROW

PROMISES TO BE A LONG DAY, I'M SURE, SO WE'RE GOING TO START EARLY

TOMORROW AT 10:00 A.M. AND WITH THAT, I WILL MOVE THAT THE ASSEMBLY

STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY, MARCH 29TH. TOMORROW IS

A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 6:08 P.M., THE HOUSE STOOD ADJOURNED

UNTIL THURSDAY, MARCH 29TH AT 10:00 A.M., THAT BEING A SESSION DAY.)