MONDAY, MARCH 5, 2018 2:38 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 SATURDAY, MARCH 3RD.

MR. - SHH - MR. MORELLE.

NYS ASSEMBLY MARCH 5, 2018

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

TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SATURDAY, MARCH

3RD AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MR. MORELLE.

MR. MORELLE: YES, GOOD AFTERNOON, MR. SPEAKER,

COLLEAGUES. LET ME JUST START BY NOTING THAT ON THIS DAY IN 1770, A

DISPUTE BETWEEN A LOCAL APPRENTICE AND A BRITISH SOLDIER TOOK PLACE

OUTSIDE THE OLD STATE HOUSE IN BOSTON, MASSACHUSETTS. ITEMS SUCH AS

ROCKS AND SNOWBALLS SOON BEGAN TO FLY BACK AND FORTH AMONGST THE

CROWD, AND SHORTLY THEREAFTER THE ALTERCATION REACHED A BOILING POINT

AND SOLDIERS FIRED THEIR WEAPONS INTO THE CROWD, KILLING THREE CIVILIANS

AND INJURING TWO. THIS INCIDENT, A PRECURSOR TO THE WAR ON

INDEPENDENCE, WOULD BE MEMORIALIZED AS THE BOSTON MASSACRE.

AND IN THE VEIN OF "DID YOU KNOW," DID YOU KNOW

THAT THE LONGEST CONSECUTIVE RUNNING FAIR IN THE UNITED STATES OF

AMERICA CAN BE FOUND IN WATERTOWN, NEW YORK? THE JEFFERSON

COUNTY FAIR, LOCATED IN THE 116TH ASSEMBLY DISTRICT, REPRESENTED BY

MS. JENNE. THE FAIR WAS FIRST ORGANIZED AS THE JEFFERSON COUNTY

AGRICULTURAL SOCIETY ON OCTOBER 25TH, 1817 AND WAS INSPIRED BY A

PRIOR EVENT THAT ENCOURAGED AGRICULTURAL INTERESTS AND MANUFACTURING IN

THE COUNTY. THE FAIR CELEBRATED ITS 200TH ANNIVERSARY THIS PAST JULY.

AND WITH THAT, LET ME DESCRIBE OUR WORK TODAY.

OBVIOUSLY, MR. SPEAKER AND COLLEAGUES, WE'RE GETTING INTO THE FINAL

NYS ASSEMBLY MARCH 5, 2018

MONTH BEFORE ADOPTION OF THE STATE BUDGET, AND SO OUR SCHEDULE WILL

BE CERTAINLY PACKED WITH COMMITTEE MEETINGS OFF THE FLOOR AND PARTY

CONFERENCES AND WORK ON THE FLOOR SO, AS ALWAYS, WE ENCOURAGE AND

HOPE FOR PATIENCE BY THE MEMBERS AS WE DEAL WITH ALL THE WORK THAT IS

AT HAND. AS FOR TODAY, WE HAVE A MAIN CALENDAR ON MEMBERS' DESKS

WITH 20 NEW BILLS ON IT AND AFTER ANY INTRODUCTIONS AND HOUSEKEEPING,

WE WILL TAKE UP BILLS ON CONSENT BEGINNING WITH CALENDAR NO. 689

THROUGH NO. 708. WE WILL ALSO CONTINUE OUR CONSENT OF BILLS ALREADY

ON THE CALENDAR, BEGINNING WITH CALENDAR NO. 198 ON PAGE 33. IN

ADDITION, THERE WILL BE A NUMBER OF CHAPTER AMENDMENTS THAT WE WILL

TAKE UP TODAY, AS WELL. THOSE MEMBERS OF EITHER THE INSURANCE OR

CODES COMMITTEE SHOULD BE AWARE THAT WE WILL HAVE COMMITTEE

MEETINGS OFF THE FLOOR AND I EXPECT WE'LL BE CALLING INSURANCE IN THE

NEXT SEVERAL MOMENTS, SO MEMBERS OF THOSE TWO COMMITTEES SHOULD

PAY ATTENTION TO ANNOUNCEMENTS FROM THE DESK. FOR MAJORITY

MEMBERS, THERE WILL BE THE NEED FOR A DEMOCRATIC CONFERENCE AT THE

CONCLUSION OF OUR SESSION WORK ON THE FLOOR TODAY AND, AS ALWAYS, I

WILL CONSULT WITH MY COLLEAGUES ON THE MINORITY THROUGHOUT THE DAY TO

SEE IF THEY HAVE ANY CONFERENCE NEEDS, AS WELL.

I UNDERSTAND THERE IS -- THERE ARE INTRODUCTIONS AND

HOUSEKEEPING, MR. SPEAKER. THIS WOULD BE THE APPROPRIATE TIME TO

TAKE THEM UP.

ACTING SPEAKER AUBRY: WE WILL START WITH

INTRODUCTIONS, MR. MORELLE.

MR. FRIEND FOR THE PURPOSES OF AN INTRODUCTION.

NYS ASSEMBLY MARCH 5, 2018

MR. FRIEND: THANK YOU, MR. SPEAKER. IT IS MY

PRIVILEGE ON BEHALF OF SENATOR O'MARA AND ASSEMBLYMAN PALMESANO

TO INTRODUCE A GROUP FROM CHEMUNG COUNTY. THEY'RE UP HERE FOR THE

NEW YORK FARM DAYS AND THE AG CELEBRATION IN THE CAPITOL TODAY.

WE HAVE ASHUR TERWILLIGER FROM THE CHEMUNG COUNTY FARM BUREAU;

MELISSA BOWER FROM THE CHEMUNG COUNTY FARM BUREAU; GINA

BLAKEMORE FROM THE CHEMUNG COUNTY FARM BUREAU; HAILEY -- OR

SYDNEY BLAKEMORE, OUR CHEMUNG COUNTY DAIRY AMBASSADOR, AND

HAILEY PIPER -- HAILEY PIPHER, FROM THE TOWN OF ELMIRA, TOWN OF

LOWMAN, HAS REIGNED FOR THE PAST YEAR AS THE CHEMUNG COUNTY DAIRY

PRINCESS AND WAS CROWNED NEW YORK STATE DAIRY PRINCESS ON

FEBRUARY 20TH AT THE HOLIDAY INN IN LIVERPOOL. PLEASE WELCOME THEM

HERE TO THE CHAMBER AND EXTEND ALL THE COURTESIES OF THE HOUSE TO

THEM.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. FRIEND, MR. PALMESANO, I SEE SENATOR O'MARA IN THE HOUSE,

FORMER MEMBER OF THIS HOUSE, WE WELCOME YOU ALL TO THE NEW YORK

STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE

HOPE THAT YOUR TRIP TO ALBANY WILL BE BENEFICIAL AND, YOUR HIGHNESS,

WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND HOPE THAT

YOUR REIGN THIS YEAR WILL BE BENEFICIAL. THANK YOU SO VERY MUCH. WE

APPRECIATE THE WORK OF AGRICULTURE IN THIS STATE; VERY IMPORTANT TO US.

THANK YOU.

(APPLAUSE)

MR. BARRON FOR THE PURPOSES OF AN INTRODUCTION.

NYS ASSEMBLY MARCH 5, 2018

MR. BARRON: THANK YOU, MR. SPEAKER. I WANTED

TO INTRODUCE TO THE CHAMBER A YOUNG MAN FROM KENYA. HIS NAME IS

KIIRU GICHURU - KIIRU GICHURU - AND HE IS A LAWYER. HE'S A LAWYER HERE

BARRED IN NEW YORK STATE. HE WORKS FOR THE NEW YORK CITY HUMAN

RIGHTS COMMISSION, DOES FINE WORK WITH THEM. HE ALSO WORKS WITH AN

ORGANIZATION CALLED OPERATION POWER IN MY BELOVED EAST NEW YORK.

HE HELPS US WITH LEGISLATION AND COMMUNITY ORGANIZING AND HE'S A REAL,

REAL CHAMPION OF HUMAN RIGHTS AND THE RIGHTS OF OPPRESSED PEOPLE ALL

OVER THE WORLD, BUT PARTICULARLY OF THOSE OF AFRICAN ANCESTRY. SO, I ASK

THAT YOU GRANT HIM THE CORDIALITY OF THIS HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BARRON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE, SIR, TO THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. WE

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR AND WE THANK YOU FOR THE

WORK THAT YOU'RE DOING IN NEW YORK CITY FOR THOSE WHO ARE OPPRESSED

AND NEED REPRESENTATION. THE COMMISSION IS WELL-KNOWN TO US. KEEP

UP THAT GREAT WORK AND ALWAYS FEEL FREE TO COME BACK AND VISIT. THANK

YOU.

(APPLAUSE)

MS. MELISSA MILLER FOR AN INTRODUCTION.

MS. M. MILLER: I'D LIKE TO REINTRODUCE YOU ALL TO

MY SON, OLIVER. HE WILL BE UP HERE WITH ME FOR MARCH ON MONDAYS

AND TUESDAYS. MOST OF YOU MET OLIVER LAST YEAR. HE'S THE GUY WHO

INSPIRES ME EVERY DAY TO TRY, JUST TRY. IT'S HOW HE LIVES HIS LIFE AND HE

IS QUITE THE ROLE MODEL. OLIVER HAD A BIG MILESTONE THIS YEAR, HE TURNED

NYS ASSEMBLY MARCH 5, 2018

18. NOW, CONSIDERING MOST OF HIS DOCTORS DIDN'T THINK HE'D EVEN MAKE

IT TO TWO, 18 IS QUITE AN ACCOMPLISH THAT IS PURELY A TESTAMENT TO HIS

STRENGTH, JOY AND THAT DETERMINATION TO JUST TRY. THIS PAST YEAR HAS

BEEN A LITTLE ROUGH. OLIVER'S HAD A FEW SETBACKS, BUT THIS IS NOT

UNCOMMON IN THE WORLD OF THE CHRONICALLY ILL AND THE DEVELOPMENTALLY

DISABLED POPULATION. BUT, HE STILL TRIES EVERY SINGLE DAY, AND SO WILL I

TO MAKE HIS LIFE AND THE LIFE OF HIS FRIENDS EASIER. THANK YOU AND

PLEASE WELCOME HIM TO THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR MOTHER, OLIVER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

YOU BACK HERE TO THE NEW YORK STATE ASSEMBLY. YOU'RE FAMILY SO YOU

ALWAYS HAVE THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU CONTINUE TO

BE AN INSPIRATION AND YOU HAVE STRENGTH AND GIVE STRENGTH TO YOUR

MOTHER WHO WE ALL CARE ABOUT SO VERY MUCH, AS WELL AS YOU. THANK

YOU SO VERY MUCH.

(APPLAUSE)

MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER.

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

GOODELL, PLEASE. SHH. THANK YOU, SIR. GO AHEAD.

MR. GOODELL: ON BEHALF OF OUR COLLEAGUE,

ASSEMBLYMAN JOE ERRIGO, IT IS MY GREAT PLEASURE TO INTRODUCE AMY

AZZARA. AMY IS UP HERE WITH THE NEW YORK STATE SCHOOL AND MUSIC

ASSOCIATE JAZZ CONCERT. SHE IS A PHENOMENAL YOUNG WOMAN. HER

NYS ASSEMBLY MARCH 5, 2018

PARENTS REPORT THAT SHE WAS SINGING BEFORE SHE WAS SPEAKING AND WITH

AN ENTIRE LIFE OF SINGING, SHE'S A PHENOMENAL SINGER. MANY OF US WOULD

HAVE A HARD TIME TO CARRY A TUNE IN A BUCKET. NOT ONLY DOES SHE SING,

SHE ALSO PLAYS PIANO AND CLARINET AND SHE IS HERE WITH HER PARENTS, LISA

AND CHRIS AZZARA. PLEASE WELCOME THIS TALENTED AND GIFTED INDIVIDUAL

TO OUR CHAMBER. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. ERRIGO, MR. GOODELL, 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 ARE CERTAINLY PLEASED TO HAVE SUCH

AN ACCOMPLISHED MUSICIAN AND HER FAMILY HERE. I'M REMINDED OF THE

SAYING THAT MUSIC HATH CHARMS TO SOOTHE THE SAVAGE BEAST. IN A COUPLE

OF WEEKS, WE'RE GOING TO NEED YOU TO SING TO US. THANK YOU SO VERY

MUCH. WE REALLY APPRECIATE IT.

(APPLAUSE)

MS. WOERNER.

MS. WOERNER: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT FOR PURPOSES OF AN INTRODUCTION. WE'RE JOINED

IN THE CHAMBER TODAY BY KEVIN JABLONSKI AND KAREN CHRISTENSEN.

THEY ARE THE OWNERS OF MACK BROOK FARM, A GRASSFED BEEF FARM IN

ARGYLE, NEW YORK. GRASSFED BEEF, FOR THOSE OF YOU WHO ARE PERHAPS

NOT AWARE OF IT, IS A VERY, VERY HEALTHY ALTERNATIVE FOR THOSE OF YOU WHO

LIKE A GOOD STEAK; IT HAS THE SAME OMEGA-3 CONTENT AS A PIECE OF

SALMON. AND THEY ARE HERE TODAY FOR THE TASTE OF NEW YORK

RECEPTION AND I HOPE THAT YOU ALL WILL FIND A TIME LATER TODAY TO GO

NYS ASSEMBLY MARCH 5, 2018

DOWN AND SAMPLE THEIR -- THEIR WARES AT THE RECEPTION. SO, MR.

SPEAKER, IF YOU'D OFFER THEM THE CORDIALITIES OF THE HOUSE, I'D

APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. WOERNER, 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 LOOK FORWARD LATER ON TODAY TO MAYBE

HAVING A TASTE OF THAT FINE PRODUCT THAT YOU PRODUCE. WE HOPE YOU

CONTINUE TO BE SUCCESSFUL. OBVIOUSLY, WE KNOW HOW IMPORTANT

AGRICULTURE IS TO NOT ONLY MS. WOERNER'S DISTRICT, BUT THE ENTIRE STATE.

THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. MORELLE.

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

TO TAKE A MOMENT TO INTRODUCE A FAMILY MEMBER OF OUR EXTENDED

FAMILY, BUT EQUALLY IMPORTANT, FORMER MEMBER OF THIS HOUSE WHO

SERVED WITH GREAT DISTINCTION, NEARLY 25 YEARS IN THIS HOUSE, AND NOW IS

DOING GREAT WORK AS THE CLERK OF YOUR COUNTY, QUEENS COUNTY, OUR

VERY, VERY DEAR FRIEND, JUST A GIANT IN THIS CHAMBER AND IN THE CITY OF

NEW YORK AND WE'RE DELIGHTED TO SEE OUR GOOD FRIEND, AUDREY PHEFFER.

PLEASE, IF YOU'D EXTEND ALL THE CORDIALITIES AND THE GREETINGS FROM THE

SPEAKER AND ALL I KNOW ALL THE MEMBERS ON OUR DEAR FRIEND.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MORELLE, THE SPEAKER, THE ENTIRE QUEENS DELEGATION AND THE

HOUSE, MS. PHEFFER, IT IS SUCH A PLEASURE TO SEE YOU. THANK YOU.

NYS ASSEMBLY MARCH 5, 2018

WELCOME. YOU ARE FAMILY, SO THE FLOOR IS ALWAYS AVAILABLE TO YOU.

WE HOPE YOU'RE ENJOYING YOUR OTHER CAREER, THOUGH WE MISS YOU

GREATLY. THANK YOU VERY MUCH AND KEEP US (INAUDIBLE).

(APPLAUSE)

A LITTLE HOUSEKEEPING WILL BE IN ORDER NOW.

ON A MOTION BY MS. NOLAN, PAGE 5, CALENDAR NO.

696, BILL NO. A08485-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. DINOWITZ, PAGE 95, CALENDAR NO.

510, BILL NO. A07293, AMENDMENTS ARE RECEIVED AND ADOPTED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE

TO ASK MEMBERS OF THE INSURANCE COMMITTEE TO JOIN MR. CAHILL IN THE

SPEAKER'S CONFERENCE ROOM. INSURANCE IN THE SPEAKER'S CONFERENCE

ROOM.

ACTING SPEAKER AUBRY: INSURANCE, SPEAKER'S

CONFERENCE ROOM; FOLLOW MR. CAHILL, PLEASE, IMMEDIATELY.

MR. MORELLE.

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

WE GO TO PAGE 3 OF THE MAIN CALENDAR, I'D LIKE TO BEGIN WITH ASSEMBLY

RESOLUTIONS, BEGINNING WITH ASSEMBLY RESOLUTION NO. 796 BY MS.

PHEFFER AMATO.

ACTING SPEAKER AUBRY: HOW APPROPRIATE.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 796, MS.

PHEFFER AMATO. LEGISLATIVE RESOLUTION URGING THE NEW YORK STATE

NYS ASSEMBLY MARCH 5, 2018

CONGRESSIONAL DELEGATION TO PASS THE BLUE WATER NAVY VIETNAM

VETERANS ACT OF 2017, S.422/H.R.299.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 870, MS.

JOYNER. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 2, 2018 AS READ ACROSS AMERICA DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 871, MR.

BRINDISI. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 2018 AS YOUTH ART MONTH IN THE STATE OF

NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 872, MR.

BRIAN MILLER. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 2018 AS PURE NEW YORK STATE

MAPLE MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION ALL

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

NYS ASSEMBLY MARCH 5, 2018

ADOPTED.

MR. MORELLE.

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

COULD BEGIN CONSENTING WITH CALENDAR NO. 689 BY MS. ROZIC WHICH IS

ON PAGE 4 OF THE MAIN CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01270, CALENDAR NO.

689, ROZIC, BARRON, BLAKE, COOK, GOTTFRIED, HOOPER, JAFFEE, MOSLEY,

O'DONNELL, OTIS, PERRY, PICHARDO, SEPULVEDA, WALKER, BICHOTTE. AN

ACT TO AMEND THE EXECUTIVE LAW AND THE EDUCATION LAW, IN RELATION TO

PROHIBITING MANDATORY DISCLOSURE OF A CRIMINAL HISTORY RECORD IN

CERTAIN CIRCUMSTANCES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03090, CALENDAR NO.

690, CYMBROWITZ, ABINANTI. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO THE EFFECTIVENESS OF FLEXIBLE RATING FOR NONBUSINESS

AUTOMOBILE INSURANCE PLANS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03335, CALENDAR NO.

691, O'DONNELL, QUART, SIMON, GOTTFRIED, PEOPLES-STOKES, GLICK. AN

ACT TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO PERSONNEL RECORDS OF

POLICE OFFICERS, FIREFIGHTERS AND CORRECTION OFFICERS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03677, CALENDAR NO.

692, GLICK, COOK, CYMBROWITZ, GOTTFRIED, JAFFEE, O'DONNELL, L.

NYS ASSEMBLY MARCH 5, 2018

ROSENTHAL, TITONE, DE LA ROSA. AN ACT TO AMEND THE ALCOHOLIC

BEVERAGE CONTROL LAW, IN RELATION TO REQUIRING THE STATE LIQUOR

AUTHORITY TO MAKE AVAILABLE ON ITS AUTOMATED PUBLIC LICENSE QUERY

WEBSITE AND DATABASE INFORMATION PERTAINING TO ANY CONDITIONS IT

IMPOSES ON A LICENSED PREMISES.

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.)

MR. MORELLE.

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

AND GENTLEMEN, THIS IS OUR FIRST VOTE OF THE DAY SO I'D LIKE TO ENCOURAGE

PEOPLE WHO ARE IN THE CHAMBER TO CAST YOUR VOTE AND THOSE WHO ARE

NEARBY, PLEASE MAKE YOUR WAY INTO THE CHAMBER SO WE CAN RECORD

YOUR 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.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE

TO ASK MEMBERS OF THE CODES COMMITTEE TO MAKE THEIR WAY TO THE

NYS ASSEMBLY MARCH 5, 2018

SPEAKER'S CONFERENCE ROOM. MR. LENTOL AWAITS MEMBERS OF THE

CODES COMMITTEE.

ACTING SPEAKER AUBRY: CODES COMMITTEE,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY. THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06175-A, CALENDAR

NO. 693, SCHIMMINGER. AN ACT AUTHORIZING THE EMPIRE STATE

DEVELOPMENT CORPORATION TO DEVELOP A PUBLIC CAMPAIGN -- AWARENESS

CAMPAIGN PROMOTING BUSINESSES LOCATED IN NEW YORK STATE.

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. PALMESANO TO EXPLAIN HIS VOTE, BUT WAIT ONE

MINUTE, SIR, UNTIL WE HAVE THE ATTENTION OF THE HOUSE.

MR. PALMESANO: YES, MR. SPEAKER, BRIEFLY JUST

TO EXPLAIN MY VOTE. I KNOW THERE ARE SOME RED VOTES UP THERE, AND I'M

ONE OF THEM, AND I'D BE MORE INCLINED TO SUPPORT THIS IF I WAS ASSURED

THAT THE SECOND FLOOR WOULDN'T APPEAR IN ANY OF THESE PROMOTIONAL

ADVERTISEMENTS FOR OUR STATE. THEREFORE, I'LL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. PALMESANO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MARCH 5, 2018

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06733, CALENDAR NO.

694, LAVINE, MCDONALD, SKOUFIS, STECK, HEVESI, PERRY, DINOWITZ,

ABINANTI, GIGLIO, MCDONOUGH, CROUCH, RA, NORRIS, ENGLEBRIGHT,

TITONE, ZEBROWSKI, MORINELLO, MONTESANO, COLTON, JAFFEE, BLAKE,

SCHIMMINGER, GLICK, GOTTFRIED, LAWRENCE, RIVERA, D'URSO. AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO AUDITS OF PHARMACIES.

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. A07108, CALENDAR NO.

695, GOTTFRIED, HARRIS. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND

THE INSURANCE LAW, IN RELATION TO UTILIZATION REVIEW OF COVERAGE OF

NURSING HOME CARE FOLLOWING AN INPATIENT HOSPITAL ADMISSION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY MARCH 5, 2018

(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. A08485-A, CALENDAR

NO. 696 HAS BEEN AMENDED.

ASSEMBLY NO. A08931, CALENDAR NO. 697, BRONSON.

AN ACT TO AMEND THE LABOR LAW, IN RELATION TO RECIPROCITY OF

DEBARMENTS IMPOSED UNDER THE FEDERAL DAVIS-BACON ACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BRONSON, 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. A08976-B, CALENDAR

NO. 698, SIMON, MAYER, ORTIZ, DICKENS, PICHARDO, GOTTFRIED, MOSLEY,

GALEF, GLICK, JOYNER, L. ROSENTHAL, O'DONNELL, SEPULVEDA, FAHY,

SEAWRIGHT, D'URSO, ENGLEBRIGHT, QUART, CARROLL, PAULIN, TITONE,

MAGNARELLI, HUNTER, DE LA ROSA, TAYLOR. AN ACT TO AMEND THE CIVIL

PRACTICE LAW AND RULES, THE CRIMINAL PROCEDURE LAW AND THE PENAL

NYS ASSEMBLY MARCH 5, 2018

LAW, IN RELATION TO ESTABLISHING EXTREME RISK PROTECTION ORDERS AS

COURT-ISSUED ORDERS OF PROTECTION PROHIBITING A PERSON FROM

PURCHASING, POSSESSING OR ATTEMPTING TO PURCHASE OR POSSESS A FIREARM,

RIFLE OR SHOTGUN.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08993, CALENDAR NO.

699, CYMBROWITZ, TAYLOR. AN ACT TO AMEND THE NOT-FOR-PROFIT

CORPORATION LAW AND THE BUSINESS CORPORATION LAW, IN RELATION TO

ANNUAL REPORTS SUBMITTED BY CONDOMINIUMS AND COOPERATIVE HOUSING

CORPORATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

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: YES, THANK YOU, MR. SPEAKER. I'D

LIKE TO TAKE UP TWO BILLS AT THIS TIME IN THIS ORDER OFF THE MAIN

CALENDAR: FIRST, CALENDAR NO. 657 WHICH IS ON PAGE 120 OF THE MAIN

CALENDAR BY MRS. GALEF, AND THEN FOLLOW THAT WITH CALENDAR NO. 662

NYS ASSEMBLY MARCH 5, 2018

ON PAGE 121 BY MR. JONES.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: SENATE -- SENATE BILL NO. S07285,

CALENDAR NO. 657, SENATOR GOLDEN (GALEF -- A08945). AN ACT TO

AMEND A CHAPTER OF THE LAWS OF 2017, RELATING TO ESTABLISHING A

TEMPORARY STATE COMMISSION TO STUDY CHILD ABUSE AND NEGLECT

PREVENTION, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.00233A AND

A.05769A, IN RELATION TO ESTABLISHING A TEMPORARY STATE TASKFORCE TO

STUDY CHILD ABUSE AND NEGLECT PREVENTION.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MRS. GALEF.

MRS. GALEF: THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: LADIES AND

GENTLEMEN -- ONE MINUTE. OKAY.

MRS. GALEF: AM I GOOD? OKAY.

THIS IS A JUST A CHAPTER AMENDMENT. THE CHAPTER WAS

PASSED UNANIMOUSLY BY US AT THE VERY END OF THE SESSION. THERE ARE A

FEW MODEST CHANGES. IT CHANGED FROM BEING A TEMPORARY COMMISSION

TO A TEMPORARY TASK FORCE. IT CHANGED FROM 13 MEMBERS -- INITIALLY IT

WAS NINE MEMBERS. IT WILL ALSO EXAMINE THE PRIMARY PREVENTION

PROGRAM AS A PORTION OF THEIR INVESTIGATION AND THE TASK FORCE WILL BE IN

EXISTENCE FOR TWO YEARS INSTEAD OF ONE AND IT REPEALS THE TASK FORCE AT

THE END OF THREE YEARS VERSUS TWO, SO BASICALLY TECHNICAL CHANGES.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

NYS ASSEMBLY MARCH 5, 2018

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MRS.

GALEF?

MRS. GALEF: CERTAINLY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: FIRST, MRS. GALEF, THANK YOU VERY

MUCH FOR YOUR LEADERSHIP ON -- ON THIS ISSUE. OBVIOUSLY, SAYING CHILD

ABUSE AND PREVENTION IS VERY IMPORTANT AND I WAS PROUD TO SUPPORT

YOUR BILL LAST YEAR AS WERE ALL OF US SINCE IT WAS UNANIMOUS. NOW, I

SEE THAT THIS CHANGE IN TERMS OF MEMBERSHIP JUST INCREASES THE NUMBER

OF APPOINTMENTS OF THE GOVERNOR FROM THREE TO SEVEN AND BY NATURAL

EXTENSION MEANS THAT THE GOVERNOR NOW APPOINTS THE MAJORITY OF THE

TASK FORCE, RIGHT?

MRS. GALEF: WELL, SEVEN OUT OF 13, YES.

MR. GOODELL: AND BEFORE THAT --

MRS. GALEF: CLOSE.

MR. GOODELL: -- HE -- HIS APPOINTMENTS WERE A

MINORITY OF THE TOTAL NUMBER, CORRECT?

MRS. GALEF: THAT'S RIGHT.

MR. GOODELL: AND AM I CORRECT THAT THE GOVERNOR

HIMSELF DOESN'T NEED LEGISLATION TO ESTABLISH A TASK FORCE TO STUDY CHILD

ABUSE AND NEGLECT PREVENTION? I MEAN, HE CAN DO THAT HIMSELF, CAN'T

HE?

MRS. GALEF: WELL, HE -- HE PROBABLY -- I'M NOT

SURE THAT HE -- WELL, I SUPPOSE HE COULD, BUT IT WOULDN'T HAVE MEMBERS

NYS ASSEMBLY MARCH 5, 2018

FROM THE ASSEMBLY AND SENATE NECESSARILY ON THE TASK FORCE WITH THE

NUMBERS THAT WE HAVE HERE. AND MAYBE HE ALSO RECOGNIZED THAT THIS

WAS A TERRIFIC IDEA AND SO WE'RE JUST FOLLOWING THROUGH AND, AGAIN,

WHEN WE DO CHAPTER AMENDMENTS, IT'S A QUESTION OF WHETHER SOMETHING

GETS VETOED OR WHETHER WE GO FORWARD WITH IT WITH SOME CHANGES AND

SENATOR GOLDEN AND I DECIDED AT THAT POINT THAT WE'D RATHER GO FORWARD

WITH THE CHANGES TO GET THE JOB DONE.

MR. GOODELL: SO, IS IT ACCURATE TO SAY THEN THAT

THE GOVERNOR THOUGHT THIS WAS A TERRIFIC IDEA?

MRS. GALEF: ABSOLUTELY.

MR. GOODELL: AS LONG AS HE CONTROLLED THE

MAJORITY OF THE MEMBERS?

MRS. GALEF: I'M SURE HE LIKED IT -- MAYBE HE HAS

JUST MORE PEOPLE THAT HE'S THINKING ABOUT THAT WOULD BE MEMBERS THAT

WE HADN'T CONSIDERED SO -- AND THAT'S FINE. I THINK MORE MEMBERS WITH

MORE INPUT TO TALK ABOUT PREVENTION PROGRAMS SO THAT WE CAN DO WHAT

WE -- WHAT WE CAN TO ELIMINATE CHILD NEGLECT, CHILD ABUSE, ALL OF THAT IS

SO IMPORTANT. SO, ACTUALLY HAVING MORE PEOPLE THERE WITH THEIR

EXPERTISE MIGHT BE VERY HELPFUL TO US.

MR. GOODELL: I ABSOLUTELY AGREE THAT MORE PEOPLE

WITH EXPERTISE IS VERY HELPFUL. ARE THERE ANY MINORITY APPOINTMENTS?

MRS. GALEF: NOT NECESSARILY, BUT IT DOESN'T MEAN

THAT THERE CANNOT BE. YOU KNOW, IT'S -- IT'S KIND OF THE USUAL FORMAT, I

WOULD SAY, WHICH, I UNDERSTAND THAT YOU GRIEVE ABOUT IN MOST OF THESE

TASK FORCES, BUT I WOULD SAY IF YOU HAVE ANY RECOMMENDATIONS IF WE

NYS ASSEMBLY MARCH 5, 2018

CAN GET THIS PASSED, THE GOVERNOR SIGNS IT, I WOULD SEND LETTERS RIGHT

AWAY TO HIM WITH SOME -- I DON'T KNOW THAT IT HAS TO BE US. I WOULD

HOPE -- I MEAN, MY -- MY IDEA WOULD BE TO FIND PEOPLE IN THE

COMMUNITY THAT MIGHT BE EXPERT IN THIS FIELD AND THEY WOULD BE

RECOMMENDED THROUGH ME AND, CERTAINLY, YOU CAN RECOMMEND PEOPLE

THROUGH YOU.

MR. GOODELL: AND, LIKEWISE, I PRESUME THAT YOU

WOULD SUPPORT A FURTHER CHAPTER AMENDMENT HAVING THE MINORITY

APPOINTING MEMBERS OF THIS?

MRS. GALEF: WELL, ACTUALLY, I -- I DO NOT MIND

HAVING MINORITY MEMBERS ON ANYTHING, MY BILLS OR ANYTHING ELSE, SO --

BUT WE CAN GET INTO THAT WITH FUTURE LEGISLATION. I KNOW YOU HAVE

CHANGES IN THE RULES THAT YOU OFFER PERIODICALLY ON THIS ISSUE.

MR. GOODELL: THANK YOU VERY MUCH, MRS. GALEF.

MRS. GALEF: THANK YOU.

MR. GOODELL: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: AS I MENTIONED, I CERTAINLY

APPRECIATE MRS. GALEF'S LEADERSHIP ON THIS BILL. I THINK STUDYING CHILD

ABUSE AND NEGLECT PREVENTION IS A VERY WORTHWHILE ENDEAVOR, AS THE

SPONSOR CORRECTLY NOTED; I THINK IT IS A GREAT IDEA. THE ORIGINAL BILL WAS

A GREAT IDEA. I'M A LITTLE BIT FRUSTRATED THAT THE GOVERNOR THINKS IT'S A

GREAT IDEA AS LONG AS HE HAS THE MAJORITY OF THE APPOINTMENTS, BUT

WOULD VETO IT OTHERWISE. IT MAKES YOU KIND OF WONDER JUST WHAT HE

NYS ASSEMBLY MARCH 5, 2018

THINKS IS A GREAT IDEA OR NOT. BUT WITH THAT CAVEAT IN MIND, AGAIN,

THANK YOU FOR YOUR LEADERSHIP. I WILL BE VOTING AGAINST IT BECAUSE I -- I

THINK IF THE GOVERNOR REALLY WANTED THIS INFORMATION, HE WOULD ASK HIS

AGENCIES TO ESTABLISH THE TASK FORCE. HE WOULD ASK ADVICE FROM ALL OF

US, UNDOUBTEDLY FROM ALL OF US AND OTHER EXPERTS AND COULD PROCEED

WITHOUT LEGISLATION AND I THINK THE REASON WE HAVE THIS LEGISLATION HERE

IS BECAUSE WE DIDN'T THINK THAT ISSUE WAS BEING PROPERLY ADDRESSED AND

STUDIED. SO THANK YOU, AGAIN, FOR THE OPPORTUNITY, AND THANK YOU,

SPONSOR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

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: SENATE BILL NO. S07329, CALENDAR NO.

662, SENATOR HANNON (JONES -- A08988). AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO REQUIRING THE GOVERNOR TO APPOINT THE

MEMBERS OF THE RURAL HEALTH COUNCIL AND REQUIRING THE RURAL HEALTH

COUNCIL TO MAKE CERTAIN RECOMMENDATIONS TO THE DEPARTMENT OF

HEALTH.

NYS ASSEMBLY MARCH 5, 2018

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. JONES.

MR. JONES: YES. THIS IS -- THIS ORIGINAL BILL HAD

PASSED THIS HOUSE WITH FLYING COLORS AND I'M HAPPY THAT IT'S GETTING THE

PARTICULAR ATTENTION THAT IT DESERVES, IT'S A VERY IMPORTANT PIECE OF

LEGISLATION. BUT THE CHAPTER AMENDMENTS THAT WERE MADE -- THE

ORIGINAL BILL CALLED FOR 14 APPOINTMENTS COMING FROM THE LEGISLATURE

AND SEVEN FROM THE GOVERNOR. AND NOW THE CHAPTER AMENDMENTS STATE

THAT 11 APPOINTMENTS WILL COME FROM THE LEGISLATURE AND TEN FROM THE

GOVERNOR.

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. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK YOU, MR. SPEAKER. JUST QUICKLY.

LIKE THIS -- LIKE THE PREVIOUS PIECE OF LEGISLATION AND A COUPLE OF THE

OTHERS WE HAVE DONE - AND I -- I COMMEND THE SPONSOR FOR HIS

LEADERSHIP ON THIS ISSUE. IT'S OBVIOUSLY AN IMPORTANT ISSUE, BUT IT'S

ANOTHER ONE THAT THE EXECUTIVE IS TAKING CONTROL OF A TASK FORCE AND

REALLY THREATENING TO VETO IF HE DOESN'T HAVE CONTROL OF IT. THIS ONE

ACTUALLY REMOVES ONE MEMBER THAT'LL BE RECOMMENDED BY EACH OF THE

LEGISLATIVE LEADERS IN ORDER TO GIVE THE GOVERNOR CONTROL OF THIS, AND

REALLY, IT TAKES OUT ALL DIRECT APPOINTMENTS BY THE LEGISLATIVE LEADERS,

NYS ASSEMBLY MARCH 5, 2018

INSTEAD MAKING THOSE APPOINTED AT THE RECOMMENDATION OF THE

LEGISLATIVE LEADER. BUT THEY ARE ULTIMATELY ALL EXECUTIVE

APPOINTMENTS AND BECAUSE OF THAT AND BECAUSE THE ORIGINAL BILL HAD

TWO DIRECT APPOINTMENTS FOR THE MINORITY LEADER OF THE ASSEMBLY, THIS

BILL NOW HAS ONE PERSON THAT WILL BE APPOINTED AT THE RECOMMENDATION

OF THE MINORITY LEADER, BUT IT'S AN EXECUTIVE APPOINTMENT. BECAUSE OF

THOSE REASONS, I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: MR. RA IN THE

NEGATIVE.

ACTING SPEAKER DILAN: 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. I'D LIKE

TO TAKE UP THE FOLLOWING TWO BILLS IN THIS ORDER IF I MIGHT: I'D LIKE TO GO

NEXT TO CALENDAR NO. 680 ON PAGE 122 ON THE MAIN CALENDAR BY MR.

BENEDETTO, AND THEN FOLLOW THAT UP WITH CALENDAR NO. 664 WHICH YOU

CAN FIND ON PAGE 121, THAT IS BY MR. DINOWITZ.

ACTING SPEAKER DILAN: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08955, CALENDAR NO.

680, BENEDETTO. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO MANDATORY TESTING IN THE EVENT OF A MOTOR VEHICLE COLLISION

RESULTING IN INJURY OR DEATH; AND TO AMEND A CHAPTER OF THE LAWS OF

NYS ASSEMBLY MARCH 5, 2018

2017, AMENDING THE VEHICLE AND TRAFFIC LAW RELATING TO MANDATORY

TESTING IN THE EVENT OF A MOTOR VEHICLE COLLISION RESULTING IN INJURY OR

DEATH, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.05562-A AND

A.07572, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER DILAN: ON A MOTION BY MR.

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

ADVANCED.

AN EXPLANATION HAS BEEN REQUESTED, MR. BENEDETTO.

MR. BENEDETTO: YES. LAST JUNE, WE PASSED A

BILL ON THE FLOOR WHICH WOULD REQUIRE POLICE OFFICERS AT A SCENE OF A

MAJOR ACCIDENT WHERE EITHER A FATALITY HAS OCCURRED OR SERIOUS OTHER

ACCIDENTS THAT THEY WOULD REQUIRE TO ASK FOR A FIELD TEST TO BE GIVEN.

WE PASSED THAT BILL. THE GOVERNOR, UPON LOOKING AT THAT BILL, AGREED

TO SIGN IT; HOWEVER, HE DECIDED TO MAKE A CHAPTER AMENDMENT AND

THAT'S WHAT WE'RE VOTING ON TODAY, WHICH WOULD MAKE MODIFICATIONS IN

THAT PARTICULAR BILL AND WE'RE DOING THIS TO AVOID A VETO. IT WOULD MAKE

THE BILL THAT WE PASSED IN JUNE CONFORM TO TERMINOLOGY IN REFERENCE TO

FIELD TESTING AND IT CLARIFIES THAT THE FIELD TEST REFUSALS ARE NOW TREATED

AS A CHEMICAL TEST REFUSALS AND CHANGES THE EFFECTIVE DATE FROM 30 DAYS

TO 90 DAYS.

ACTING SPEAKER DILAN: MR. CURRAN.

MR. CURRAN: MR. SPEAKER, WILL THE SPONSOR YIELD

FOR A COUPLE QUESTIONS?

ACTING SPEAKER DILAN: WILL THE SPONSOR

YIELD?

NYS ASSEMBLY MARCH 5, 2018

MR. BENEDETTO: ABSOLUTELY.

MR. CURRAN: THANK YOU, MICHAEL. MICHAEL, SO

REAL QUICKLY. MY UNDERSTANDING IS THE CHAPTER AMENDMENT, IT REALLY

DEALS WITH WHAT IS AND ISN'T GOING TO BE ALLOWED WITHIN THE CONTEXT OF

LICENSE SUSPENSION AS A RESULT OF A REFUSAL AT THE SCENE TO TAKE A CERTAIN

TEST; IS -- IS THAT CORRECT?

MR. BENEDETTO: THAT IS CORRECT, YES.

MR. CURRAN: SO MY UNDERSTANDING IS -- IS THERE'S

THREE TYPES OF TESTS AT THE SCENE. THAT WHEN A POLICE OFFICER ARRIVES AT

THE SCENE HE CAN ASK FOR, YOU KNOW, A SOBRIETY TEST - THAT'S THE WALKING

AND THE TALKING - AND THERE'S ALSO A BREATHALYZER TEST; THOSE ARE THE FIRST

TWO. AND THEN THE THIRD IS OBVIOUSLY THE CHEM TEST THAT THEY CAN TAKE

AT ANOTHER LOCATION; IS THAT FAIR?

MR. BENEDETTO: THAT IS FAIR TO SAY, YES.

MR. CURRAN: OKAY. SO WE PASSED THIS LAW LAST

JUNE, AS YOU SAID, WHICH INCLUDED ALL THREE. SO, IF A POLICE OFFICER

ARRIVES AT THE SCENE AND THERE'S A FATALITY AND THERE IS A PERSON

SUSPECTED OF BEING UNDER THE INFLUENCE THAT THE POLICE OFFICER UNDER THE

BILL THAT WE PASSED IN JUNE COULD ASK THAT DRIVER TO SUBMIT TO EITHER A

FIELD SOBRIETY TEST OR A BREATHALYZER AND IF THEY REFUSED TO DO SO, THEIR

LICENSE WOULD BE AUTOMATICALLY SUSPENDED; IS THAT FAIR?

MR. BENEDETTO: WELL, I'M BEING TOLD ON

CLARIFICATION THAT THE BREATHALYZER WAS NOT INCLUDED IN THE BILL THAT WE

HAD PASSED IN JUNE BECAUSE THAT WOULD BE LOOKED UPON AS A CHEMICAL

TEST, OKAY, AND THAT IS THE CRUX OF THE PROBLEM, YEAH.

NYS ASSEMBLY MARCH 5, 2018

MR. CURRAN: OKAY. SO WHAT WE'RE DOING HERE

TODAY IS WE'RE REMOVING THOSE TWO PARTS OF THE -- OF THE TESTING, THE

FIRST AND THE SECOND - THE FIELD SOBRIETY AS WELL AS THE BREATHALYZER -

OUT OF THAT AUTOMATIC LICENSE REVOCATION -- SUSPENSION IF THEY REFUSE AT

THE SCENE TO DO IT.

MR. BENEDETTO: WELL, YES AND NO. THE

BREATHALYZER WAS NEVER PART.

MR. CURRAN: OKAY. SO, THE FIELD SOBRIETY. WE'LL

STICK WITH THE FIELD SOBRIETY.

MR. BENEDETTO: SURE.

MR. CURRAN: SO, A POLICE OFFICER ARRIVES, YOU

KNOW, HE SAYS, WALK THE LINE, GUY REFUSES, THAT POLICE OFFICER, HIS

REFUSAL DOES NOT RESULT IN AN AUTOMATIC LICENSE SUSPENSION IF THE SAME

REFUSAL HAPPENED WITH THE BREATHALYZER, AS WELL AS THE CHEM TEST LATER

ON, RIGHT?

MR. BENEDETTO: I'M NOT SURE WHAT YOU'RE ASKING,

BUT I THINK THE CORRECT ANSWER IS YES.

MR. CURRAN: OKAY. SO LET ME JUST ASK YOU, THIS

BILL WAS SIGNED INTO LAW BY THE -- BY THE GOVERNOR.

MR. BENEDETTO: YES.

MR. CURRAN: AND OBVIOUSLY WE PASSED IT LAST

JUNE SO WE THOUGHT THAT -- THAT FIELD SOBRIETY SHOULD BE INCLUDED INTO

IT. THE GOVERNOR HAD THE OPTION OF EITHER VETOING THE BILL, NOT SIGNING

IT OR SENDING IT BACK TO US.

MR. BENEDETTO: CORRECT.

NYS ASSEMBLY MARCH 5, 2018

MR. CURRAN: HE CHOSE TO SIGN IT. SO IF WE

CHOOSE, WE CHOOSE HERE TODAY TO NOT APPROVE THIS BILL, OUR BILL THAT WE

PASSED THAT WE ALL FELT WAS A GOOD BILL BACK IN JUNE, WOULD STILL STAY AS

LAW; IS THAT -- ISN'T THAT CORRECT?

MR. BENEDETTO: THAT WOULD BE CORRECT. WE

WOULD BE BREAKING AN AGREEMENT THAT WE MADE WITH THE GOVERNOR AT

THE TIME WHEN HE HAD THE OPTION TO EITHER VETO OR SIGN THE BILL AND WE

DID NOT WANT THAT BILL VETOED.

MR. CURRAN: OKAY, THANK YOU.

MR. BENEDETTO: AND SO I DON'T THINK WE WANT TO

BREAK OUR COMMITMENT HERE.

MR. CURRAN: THANK YOU, MICHAEL.

JUST ON THE BILL, MR. SPEAKER. JUST REAL QUICKLY. YOU

KNOW, WE PASSED THIS BILL BACK IN JUNE. WE THOUGHT -- EVERY SINGLE

ONE OF US THOUGHT IT WAS A GOOD BILL TO INCLUDE FIELD SOBRIETY TESTS

UNDER THE LICENSE SUSPENSION AUTOMATIC IF A PERSON AT THE SCENE OF AN

ACCIDENT, JUST CAUSED SERIOUS INJURY TO SOMEBODY ELSE, AND IF THEY SAID

NO, WE THOUGHT THAT THEIR LICENSE SHOULD BE AUTOMATICALLY SUSPENDED

AND BE INCORPORATED INTO THE SAME CRITERIA THAT WE CURRENTLY HAVE FOR

CHEM TESTS. WE ALL VOTED FOR THAT. WE ALL BELIEVED IN THAT. AND NOW

HERE WE ARE BECAUSE THE GOVERNOR DOESN'T BELIEVE THAT THAT SHOULD BE

INCLUDED. HE SIGNED A BILL AND MADE THAT LAW. NOW, WE ARE NOW

TAKING ACTION HERE TODAY THAT IS GOING TO WEAKEN THE VERY LAW THAT WE

PASSED BACK IN JUNE. WE HAVE A SITUATION WHERE A PERSON CAN ACTUALLY

GET INTO AN ACCIDENT, CAUSE SERIOUS INJURY, REFUSE TO TAKE A FIELD

NYS ASSEMBLY MARCH 5, 2018

SOBRIETY TEST AND MINUTES, HOURS, HOWEVER LONG IT TAKES TO TRANSPORT

THAT PERSON TO ANOTHER FACILITY FOR A CHEM TEST AND RISK LOSING THAT

PERSON OFF OF A VALID POSITIVE TESTING, WE'RE JEOPARDIZING THAT BECAUSE

OF OUR VOTE HERE TODAY. SO, I WOULD ENCOURAGE ALL MY COLLEAGUES TO

VOTE NO TO THIS CHAPTER AMENDMENT. KEEP THE BILL THAT WE VOTED FOR

LAST JUNE INTACT TO PROTECT THE DRIVERS OUT THERE. THANK YOU VERY MUCH,

MR. SPEAKER.

ACTING SPEAKER DILAN: MR. PALUMBO.

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

THE SPONSOR YIELD JUST FOR A FEW QUICK QUESTIONS, PLEASE?

ACTING SPEAKER DILAN: WILL THE SPONSOR

YIELD?

MR. BENEDETTO: THE SPONSOR YIELDS.

MR. PALUMBO: THANK YOU, MR. BENEDETTO. AND

JUST -- I THINK I JUST WANT TO CLARIFY A FEW THINGS AND CLEAN IT UP, THAT THE

BILL IN ITS CURRENT STATE, PRIOR TO THE AMENDMENT BY THE -- PROPOSED BY

THE GOVERNOR WAS -- REALLY HAD TWO ELEMENTS TO IT: SERIOUS PHYSICAL

INJURY OR DEATH AND THE PERSON WAS BELIEVED TO HAVE COMITTED A SERIOUS

TRAFFIC OFFENSE; IS THAT ACCURATE?

MR. BENEDETTO: THAT IS CORRECT, YES.

MR. PALUMBO: SO, SUSPENDED LICENSE AND ALL THE

OTHER ONES THAT WERE ENUMERATED WITHIN THE STATUTE ITSELF. SO, YOU HAD

TO HAVE BOTH OF THOSE BEFORE THERE WAS A REQUIREMENT FOR THEM TO

SUBMIT TO THE FIELD TESTING; IS THAT ACCURATE?

MR. BENEDETTO: THAT IS ACCURATE, YES.

NYS ASSEMBLY MARCH 5, 2018

MR. PALUMBO: OKAY. AND AS WE SIT HERE TODAY, IF

SOMEONE IS SUSPECTED OF DRIVING WHILE INTOXICATED THEN, OF COURSE, ALL

OF THOSE REMEDIES STILL APPLY WITH OR WITHOUT A FATALITY OR SERIOUS

PHYSICAL INJURY AND THE ABILITY TO OBTAIN A BLOOD WARRANT AND ALL OF THAT;

THAT'S STILL ALL INTACT, RIGHT?

MR. BENEDETTO: YES, IT IS.

MR. PALUMBO: YES. SO THE GOVERNOR'S PROPOSAL

HERE AND HIS CONCERN HE SAID WAS A CONSTITUTIONAL CONCERN AND I

BELIEVE IT MAY HAVE BEEN BECAUSE THE STATUTE READ OR CURRENTLY READS, I

SHOULD SAY, SINCE IT'S CURRENTLY LAW --

MR. BENEDETTO: CORRECT.

MR. PALUMBO: -- "FIELD TEST," CORRECT. I THINK IT

SPECIFICALLY USES THE WORD "FIELD TESTING" AND I BELIEVE WE CAN MAKE A

DISTINCTION, AND PLEASE CORRECT ME IF I'M WRONG, THAT THE FIELD SOBRIETY

TESTS WHICH ARE THE BATTERY OF TESTS, THE WALK AND TURN, ONE-LEG STAND,

HORIZONTAL GAZE NYSTAGMUS; THOSE ARE NOT FIELD TESTS. THE FIELD TESTS

WE'RE TALKING ABOUT IS THE HANDHELD ALCO-SENSOR THAT THEY CALL IT; IS

THAT ACCURATE?

MR. BENEDETTO: THEY'RE ALL FIELD TESTS.

MR. PALUMBO: WELL, I THINK UNDER -- UNDER THE

VTL AS IT STANDS NOW, UNDER I THINK IT'S 1194, AND I'M GOING TO PULL IT

UP AS WE SPEAK, HAS THE SPECIFIC LANGUAGE OF A FIELD TEST IS A FIELD

CHEMICAL TEST. NOT A CHEMICAL TEST. IT'S NOT -- AN ACTUAL CHEMICAL TEST

IS THE INTOXILYZER BACK AT THE POLICE STATION OR A BLOOD TEST, THAT'S THE

CHEMICAL TEST, RIGHT?

NYS ASSEMBLY MARCH 5, 2018

MR. BENEDETTO: CORRECT.

MR. PALUMBO: SO THIS IS A DIFFERENT ANIMAL. SO,

WE NEED TO COMPLETELY DISREGARD THAT AND THE FIELD TESTS WE'RE TALKING

ABOUT IS A CHEMICAL FIELD TEST WHICH IS REALLY -- THE VERNACULAR WOULD

BE AS AN ALCO-SENSOR OR AN SD2; IS THAT RIGHT?

MR. BENEDETTO: YES, IT IS A FIELD TEST.

MR. PALUMBO: FIELD TEST, CORRECT. AND THAT'S

WHERE I THINK THE GOVERNOR MAY HAVE HAD A PROBLEM THAT IT -- THAT IT

WAS CONSIDERED SO-CALLED "UNCONSTITUTIONAL" BECAUSE THAT PARTICULAR

TEST, NOT TO GET TOO FAR INTO THE LEGAL WEEDS, BUT IT HAS NOT PASSED THE

FRYE TEST, IT IS NOT ADMISSIBLE IN COURT; HOWEVER, NOW IF SOMEONE

REFUSES TO TAKE THAT TEST INSTEAD OF HAVING THEIR LICENSE REVOKED, THEY

HAVE TO WRITE IT DOWN; ISN'T THAT THE SANCTION?

MR. BENEDETTO: WRITE IT DOWN IN HIS POLICE

REPORT OF THE ACCIDENT, YES.

MR. PALUMBO: GREAT. AND THERE'S NO OTHER

SANCTION, WE JUST GOT TO LET PEOPLE KNOW HE SAID NO.

MR. BENEDETTO: THAT IS CORRECT.

MR. PALUMBO: GOT IT. AND THAT'S THE ULTIMATE

SANCTION THAT THE GOVERNOR NEGOTIATED WITH THE TWO MAJORITIES.

MR. BENEDETTO: THE -- THE GOVERNOR WAS AFRAID

THAT DRIVER'S LICENSE SUSPENSION FOR REFUSING A FIELD TEST COULD HAVE THE

EFFECT OF COMPELLING A CHEMICAL TEST WITHOUT A WARRANT AND THE UNITED

STATES SUPREME COURT HAS HELD THAT THE 4TH AMENDMENT FORBIDS

UNWARRANTED SEARCH AND SEIZURES.

NYS ASSEMBLY MARCH 5, 2018

MR. PALUMBO: IT CERTAINLY DOES, BUT IN OUR CURRENT

LAW IF THERE IS A SERIOUS PHYSICAL INJURY OR DEATH AND A POLICE OFFICER'S

OBSERVATIONS ARE SUCH THAT HE BELIEVES BASED ON HIS INVESTIGATION THIS

PERSON HAS BEEN DRIVING WHILE INTOXICATED AND CAUSED THAT ACCIDENT

WE, IN FACT, CAN OBTAIN A WARRANT AND COMPEL THAT SEARCH BECAUSE BY

DRIVING ON THE STREETS OF NEW YORK, YOU AGREE TO THESE PROVISIONS BY

BEING LICENSED TO DRIVE; ISN'T THAT RIGHT?

MR. BENEDETTO: YES, THAT'S CORRECT. UNDER

CURRENT LAW RIGHT NOW IF THE POLICE OFFICER BELIEVES THAT SOMEONE IS

INTOXICATING -- INTOXICATED DRIVING A VEHICLE, THEY COULD HAVE A TEST

ADMINISTERED BY GETTING A WARRANT FROM A JUDGE.

MR. PALUMBO: RIGHT, AND THAT CERTAINLY STILL

EXISTS. I JUST WANT TO MAKE THAT CLEAR.

MR. BENEDETTO: YES.

MR. PALUMBO: OKAY. VERY GOOD. MR. BENEDETTO,

THANK YOU.

MR. BENEDETTO: THANK YOU.

MR. PALUMBO: ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALUMBO: THANK YOU, MR. SPEAKER. NOW,

WE HAD IT, WE HAD A REAL GOOD IDEA THAT WOULD HAVE MANDATED OUR

DRIVERS IN THIS STATE IF THEY KILLED SOMEONE OR SERIOUSLY HURT SOMEONE

OTHER THAN THEMSELVES AND, MOST IMPORTANTLY, AND WAS ALLEGED TO HAVE

COMMITTED A SERIOUS TRAFFIC OFFENSE, DRIVING WITH A SUSPENDED LICENSE

AND ALL THOSE OTHER ENUMERATED OFFENSES IN ADDITION TO KILLING OR BADLY

NYS ASSEMBLY MARCH 5, 2018

HURTING SOMEONE, THEN THEY WOULD'VE BEEN MANDATED TO SIMPLY TAKE A

TEST, A CHEMICAL TEST. NOW, THIS DID SAY "FIELD TEST" AND WHEN YOU READ

THE SPECIFIC LANGUAGE IN THE VEHICLE AND TRAFFIC LAW, THAT MEANS THE

HAND-HELD DEVICE WHICH IS INADMISSIBLE. BUT I THINK THAT WE HAVE

THROWN THE BABY OUT WITH THE BATH WATER BECAUSE ALL THAT SHOULD HAVE

READ WAS "CHEMICAL TEST," JUST LIKE 1194 READS - OF THE VEHICLE AND

TRAFFIC LAW - WHERE IF YOU'RE SUSPECTED OF DRINKING AND DRIVING AND

YOU SERIOUSLY HURT OR KILL SOMEONE, OR AS HAS BEEN HELD VALID IN A VALID

SEARCH AND SEIZURE, IF YOU JUST CONSIDER -- IF YOU RUN A STOP SIGN AND THE

POLICE OFFICER THINKS YOU'RE DRINKING, YOU HAVE TO TAKE A CHEMICAL TEST

OR YOUR LICENSE IS REVOKED FOR A YEAR, THAT'S OUR CURRENT LAW. AND THIS

DOESN'T EFFECT THAT, WHICH IS A GOOD THING, BUT I THINK WE ALL NEED TO

UNDERSTAND, FRIENDS, THAT THIS IS NOW VIRTUALLY USELESS. YOU KNOW WHAT

YOU GET TO DO? HE DIDN'T TAKE A -- I ASKED HIM TO TAKE A FIELD TEST AND

YOU KNOW WHAT THEY DID? THEY SAID NO. THAT'S THE SANCTION, IT GETS PUT

IN THE POLICE PAPERWORK. BIG WHOOP.

SO, I THINK THAT AND WITH A LOT OF THESE CHAPTER

AMENDMENTS HERE THAT WE'RE NOT ONLY WATERING DOWN THESE BILLS, THIS

ONE IS VIRTUALLY -- I DON'T WANT TO USE THE WORD "USELESS" BECAUSE WE DO

GET SOMETHING OUT OF IT I GUESS, THEY GET TO WRITE IT DOWN, BUT OTHER

THAN THAT THERE'S NO PARTICULAR SANCTION WHATSOEVER. SO, SOMEONE

WHO'S DRIVING WITH NUMEROUS SUSPENSIONS ON THEIR LICENSE, SHOULDN'T

EVEN BE ON THE ROAD, THEY KILL SOMEONE BECAUSE OF THEIR INADEQUATE

DRIVING, WE GET TO WRITE IT DOWN AND TELL THEM -- AND SAY THAT, WELL,

THEY DIDN'T WANT TO TAKE IT, I DON'T KNOW WHAT TO TELL YOU. I COULDN'T

NYS ASSEMBLY MARCH 5, 2018

COMPEL THEM OTHERWISE, OR COERCE THEM WITH A LICENSE SUSPENSION.

SO I THINK THAT THAT IS THE BALANCE THAT WE NEED TO

STRIKE ON THESE TYPES OF CASES THAT THIS IS A GOOD IDEA IN ITS CURRENT STATE

AND, UNFORTUNATELY, I'M GOING TO HAVE TO VOTE NO ON THIS AMENDMENT

AND I URGE MY COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. RAIA.

MR. RAIA: THANK YOU, MR. SPEAKER. WE FIGURED

WE'D JUST KEEP THIS IN AN ORDER AND IF ANY OF YOU WANT TO SPEAK UP, YOU

KNOW, THAT'S FINE, TOO. WILL THE SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

BENEDETTO?

MR. BENEDETTO: OF COURSE, SIR.

MR. RAIA: THANK YOU, MICHAEL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RAIA: DOES THIS -- THIS LAW OR WHATEVER WE'RE --

WE'RE TALKING ABOUT RIGHT NOW APPLY TO INCIDENTS THAT MIGHT OCCUR IN A

BOAT?

MR. BENEDETTO: NO. THIS IS JUST -- WE'RE

AMENDING THE TRAFFIC AND VEHICLE LAW.

MR. RAIA: THE REASON I BRING THIS UP FOR THOSE OF

YOU THAT WERE HERE LAST WEEK, I -- I HAD A -- A CONSTITUENT NAMED GINA

LIENECK UP HERE AND HER BOAT WAS HIT BY ANOTHER BOAT. THE OPERATOR OF

THAT BOAT REFUSED TO TAKE A -- A -- A SOBRIETY TEST, KIND OF HARD TO WALK A

LINE ON A BOAT. SO, REALLY, THE POLICE OFFICERS RELY ON THAT -- THAT

PORTABLE BREATHALYZER. THAT BEING SAID, THE INDIVIDUAL REFUSED TO DO

NYS ASSEMBLY MARCH 5, 2018

THAT AND IT TOOK THEM OVER FOUR HOURS TO GET A WARRANT TO DRAW BLOOD.

IN THAT FOUR HOURS, WE KNEW THE PERSON WAS DRUNK, BUT WAS NO LONGER

DRUNK. SO, THAT IS A CONCERN TO ME. I WOULD ALSO LIKE TO SAY THAT

MAYBE IN THE FUTURE WHEN WE TALK ABOUT --

ACTING SPEAKER AUBRY: MR. RAIA, ARE YOU ON

THE BILL?

MR. RAIA: I'M ON THE BILL NOW. THANK YOU,

MICHAEL.

ACTING SPEAKER AUBRY: OH, OH. GOOD. SIT

DOWN.

(LAUGHTER)

THANK YOU.

MR. RAIA: YOU CAN STAND IF YOU WANT, BUT... NO, I

-- I WOULD ASK THAT IN ALL SERIOUSNESS WHEN WE TAKE A LOOK AT CHANGING

THE LAWS AND MAKING THEM MORE RESTRICTIVE FOR INDIVIDUALS THAT ARE

DRIVING IN A CAR, THERE REALLY IS NO DIFFERENCE BETWEEN DRIVING IN A CAR

AND DRIVING IN A BOAT. THE ONLY DIFFERENCE IS WE DON'T REQUIRE A LICENSE

TO DRIVE IN A BOAT, BUT MAYBE WE SHOULD ALSO MANDATE IF SOMEBODY

GETS A DUI ON THE WATER, THAT THEY LOSE THEIR CAR LICENSE. I WOULD LIKE

US IN THE FUTURE TO LINK THESE THINGS TOGETHER. SO, I'D BE HAPPY TO WORK

WITH ANYBODY THAT WANTS TO TRY AND ACCOMPLISH THAT. IT IS UNFORTUNATE

THAT WE ARE TAKING AWAY THE -- THE ONE MEANS THAT MIGHT APPLY TO A

BOATER BY AMENDING THIS -- THIS -- THE BILL THAT WE PASSED LAST YEAR, BUT I

HAVE FAITH THAT WE'RE GOING TO DO THE RIGHT THING IN THE FUTURE. THANK

YOU.

NYS ASSEMBLY MARCH 5, 2018

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. PALUMBO TO EXPLAIN HIS VOTE.

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

ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR AN OPPORTUNITY TO EXPLAIN

MY VOTE AND, AGAIN, I JUST WANTED TO -- I WANTED TO COMMEND THE

SPONSOR FOR THE ORIGINAL BILL. I THINK HE DID GREAT WORK. SENATOR

HELMING, AS WELL, I THINK SHE REALLY GOT THIS THING GOING IN THE RIGHT

DIRECTION. HOPEFULLY WE CAN REVISIT THIS IN THE FUTURE BECAUSE THERE

NEEDS TO BE SOMETHING OTHER THAN A NOTE FROM THE POLICE OFFICER IN

ORDER -- AS FAR AS THE SANCTION WHEN YOU HAVE A SERIOUS ACCIDENT SUCH

AS THIS, INCLUDING OTHER ASPECTS OF CRIMINALITY OR OFFENSES THAT HAVE

OCCURRED.

SO, AGAIN, SOMETIMES I GET -- MY LITIGATION JUICES GET

IT GOING AND I DON'T WANT TO SOUND LIKE I WAS BEING AGGRESSIVE TOWARDS

THE SPONSOR, BECAUSE I THINK HE DID GREAT WORK TO GET THE ORIGINAL BILL

OUT THERE. I JUST WISH WE COULD HAVE KEPT IT. I, AGAIN, VOTE IN THE

NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. PALUMBO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MARCH 5, 2018

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: SENATE BILL NO. S07295, CALENDAR NO.

664, SENATE ALCANTARA (DINOWITZ, SEAWRIGHT -- A08992). AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ENFORCEMENT ACTION THAT

CAN BE TAKEN BY THE COMMISSIONER OF HEALTH TO ACT WHEN AREAS OF LEAD

POISONING ARE DESIGNATED.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

MR. DINOWITZ: THE PURPOSE OF THE BILL IS TO

ENSURE THAT APPROPRIATE ENFORCEMENT ACTION IS BEING TAKEN WHEN

SOMEONE FAILS TO COMPLY WITH A NOTICE OR DEMAND FOR LEAD PAINT

ABATEMENT.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

DINOWITZ?

MR. DINOWITZ: I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. DINOWITZ. THE

ORIGINAL BILL REQUIRED A -- A FORMAL HEARING BEFORE ANY ENFORCEMENT

ACTION COULD BE TAKEN IN A CASE OF AN ALLEGATION OF FAILURE TO ABATE LEAD,

RIGHT?

MR. DINOWITZ: YES.

NYS ASSEMBLY MARCH 5, 2018

MR. GOODELL: AND THIS BILL ELIMINATES THE

REQUIREMENT FOR A FORMAL HEARING?

MR. DINOWITZ: THIS BILL GIVES A LITTLE MORE

FLEXIBILITY SO A FORMAL HEARING IS STILL ONE OF THE POSSIBILITIES, OR THERE

CAN SIMPLY BE ENFORCEMENT ACTION.

MR. GOODELL: IF THERE'S NOT A HEARING, HOW IS A

DEFENDANT ACCORDED DUE PROCESS?

MR. DINOWITZ: WELL, IF -- IF THERE'S -- IF THERE'S AN

INVESTIGATION WITHOUT A HEARING AND IT INDICATES THAT ACTION HAS TO BE

TAKEN, WHICH IS PRETTY MUCH HOW MOST OF OUR AGENCIES OPERATE -- VERY

OFTEN THEY'LL MAKE DETERMINATIONS THAT ACTIONS HAVE TO BE TAKEN. THERE

ISN'T ALWAYS HEARINGS ON -- ON EVERYTHING. I THINK HEARINGS ARE GOOD

THINGS. THE ORIGINAL BILL, AS I'M SURE YOU KNOW, DID REQUIRE THE

HEARING, BUT IN THE -- WHEN THE GOVERNOR SIGNED THE BILL, IT WAS WITH

THE UNDERSTANDING THAT WE WOULD CONSIDER A CHAPTER AMENDMENT WHICH

ALSO GAVE A LITTLE MORE FLEXIBILITY IN TERMS OF HOW IT HAS TO BE HANDLED.

MR. GOODELL: WELL, THIS BILL PROVIDES FOR A FINE OF

UP TO $2,500?

MR. DINOWITZ: LET ME JUST CHECK AND I WILL TELL

YOU; YES, THAT CORRECT.

MR. GOODELL: AND SO YOU'RE SAYING THAT AN

ADMINISTRATIVE AGENCY COULD IMPOSE A FINE OF $2,500 WITHOUT ANY

OPPORTUNITY FOR A FORMAL HEARING BY THE -- BY THE RESPONDENT?

MR. DINOWITZ: IF THEY FAIL TO COMPLY WITH THE

ORDER.

NYS ASSEMBLY MARCH 5, 2018

MR. GOODELL: SO WHAT DUE PROCESS RIGHTS DOES

THE RESPONDENT HAVE BEFORE HE GETS A $2,500 FINE?

MR. DINOWITZ: WELL, ONE THING HE CAN DO IS NOT

COMMIT THE VIOLATION IN THE FIRST PLACE; LEAD PAINT -- LEAD, WHICH, OF

COURSE, CAN CAUSE BRAIN DAMAGE.

MR. GOODELL: PRESUMABLY IF THE RESPONDENT WAS

CHALLENGING IT, IT'S BECAUSE HE THOUGHT HE WAS IN COMPLIANCE OR

DISAGREED WITH THE DETERMINATION. WHAT PROCEDURE WOULD EXIST FOR A

RESPONDENT TO BE ABLE TO HAVE A DUE PROCESS HEARING BEFORE BEING

FINED?

MR. DINOWITZ: THE -- THE ORIGINAL BILL ALLOWS THE

DEFENDANT TO DEMONSTRATE THAT THERE IS NO VIOLATION.

MR. GOODELL: THAT'S WHAT THE ORIGINAL BILL DID,

AND NOW THE AMENDED BILL THAT YOU'RE SUGGESTING ELIMINATES THE

HEARING. SO, MY QUESTION AGAIN IS IF THERE'S NO HEARING, HOW DOES THE

RESPONDENT -- WHAT MECHANISM IS THERE TO ENSURE DUE PROCESS BEFORE A

FINE IS LEVIED AGAINST THE RESPONDENT?

MR. DINOWITZ: WELL, I'M -- I'M CERTAIN THAT THE --

THE ACCUSED THERE WOULD HAVE THE OPPORTUNITY TO -- TO PRESENT

INFORMATION TO THE AGENCY NONETHELESS, IRRESPECTIVE OF WHETHER THERE'S

A HEARING.

MR. GOODELL: SO INSTEAD OF A -- A FORMAL HEARING,

WE JUST LET THE ACCUSING AGENCY BE THE JUDGE, JURY AND EXECUTIONER?

OR, I'M SORRY, JUDGE, JURY AND FINER?

MR. DINOWITZ: WELL, I THINK EXECUTIONER IS A

NYS ASSEMBLY MARCH 5, 2018

PRETTY STRONG WORD.

MR. GOODELL: YEAH, THAT -- THAT WAS TOO STRONG. I

APOLOGIZE. IT'S JUST JUDGE, JURY AND FINER.

MR. DINOWITZ: THE -- THE HEARING -- A HEARING

WOULD BE ONE WAY THAT THIS CAN BE ADDRESSED, AND NOT THE ONLY WAY.

MR. GOODELL: ARE THERE OTHER WAYS THAT MEET DUE

PROCESS REQUIREMENTS?

MR. DINOWITZ: WELL, I THINK THE WAY IT'S

DESCRIBED IN THE BILL BOTH WAYS MEET DUE PROCESS.

MR. GOODELL: I'M LOOKING AT LINE 9. I DON'T SEE

ANY OTHER WAYS TO DESCRIBE. CAN YOU SHARE WITH ME WHAT OTHER WAYS?

MR. DINOWITZ: WELL, IT SAYS, "SHALL TAKE

ENFORCEMENT ACTION AS DEEMED APPROPRIATE BY THE COMMISSIONER OR HIS

OR HER REP, WHICH MAY INCLUDE CONDUCTING A FORMAL HEARING UPON DUE

NOTICE." SO, A HEARING IS CERTAINLY A POSSIBILITY WITH -- IT WOULD BE DUE

NOTICE.

MR. GOODELL: OKAY, THANK YOU.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THE ORIGINAL BILL WE PASSED SAID

THAT BEFORE SOMEBODY COULD BE FINED $2,500, THEY HAD TO HAVE AN

OPPORTUNITY FOR A FORMAL HEARING. THE SOLE PURPOSE OF THIS AMENDMENT

IS ELIMINATING THE REQUIREMENT OF A FORMAL HEARING. I THINK WE HAVE

FUNDAMENTAL DUE PROCESS ISSUES WHERE WE AUTHORIZE AN ADMINISTRATIVE

NYS ASSEMBLY MARCH 5, 2018

AGENCY TO IMPOSE A $2,500 FINE WITHOUT ANY HEARING. AND SO FOR THOSE

REASONS, WHILE I SUPPORTED THE ORIGINAL LEGISLATION, I WILL NOT BE

SUPPORTING THE AMENDMENT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. --

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

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. I'D LIKE

TO ASK YOU TO CALL ON MR. OTIS SO HE MAY MAKE AN ANNOUNCEMENT.

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. OTIS: THANK YOU. THERE WILL BE AN IMMEDIATE

DEMOCRATIC CONFERENCE AT THE CONCLUSION OF SESSION TODAY.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IMMEDIATELY FOLLOWING SESSION.

MR. MORELLE.

MR. MORELLE: THANK YOU, SIR. DO YOU HAVE ANY

NYS ASSEMBLY MARCH 5, 2018

RESOLUTIONS OR HOUSEKEEPING?

ACTING SPEAKER AUBRY: WE HAVE BOTH.

ON A MOTION BY MR. SKOUFIS, PAGE 33, CALENDAR NO.

190, BILL NO. A02437, AMENDMENTS ARE RECEIVED AND ADOPTED.

NUMEROUS RESOLUTIONS, FINE RESOLUTIONS. WE WILL TAKE

THEM 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. 863-896 AND

873-874 WERE UNANIMOUSLY APPROVED.)

MR. MORELLE.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL TUESDAY, MARCH 6TH AT

11:30 AM, TOMORROW, SIR, LADIES AND GENTLEMEN, IS A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:45 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, MARCH 6TH AT 11:30 A.M., TUESDAY BEING A

SESSION DAY.)