MONDAY, APRIL 23, 2018 2:32 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 FRIDAY, APRIL 20TH. MR. MORELLE. 1 NYS ASSEMBLY APRIL 23, 2018 MR. MORELLE: THANK YOU, MR. SPEAKER. I MOVE TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF FRIDAY, APRIL 20TH, AND ASK THAT THE SAME STAND APPROVED. ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO ORDERED. MR. MORELLE. MR. MORELLE: YES, GOOD AFTERNOON, MR. SPEAKER, COLLEAGUES. BEFORE I DESCRIBE AND OUTLINE OUR SCHEDULE FOR THE AFTERNOON, LET ME NOTE THAT ON THIS DAY IN 1954, HENRY AARON HIT HIS FIRST CAREER HOME RUN AGAINST, SAD TO SAY, THE ST. LOUIS CARDINALS, THE TEAM WHICH I ADORE. HAMMERIN' HANK 20 YEARS LATER WOULD BREAK BABE RUTH'S LONGSTANDING RECORD OF 714 HOME RUNS. AARON FINISHED WITH 755, WHICH STOOD AS THE RECORD UNTIL BARRY BONDS FINISHED WITH 762. I'M SURE, MR. SPEAKER, YOU AND MANY AND MYSELF AND MANY OTHERS REMEMBER THAT FAMOUS HOME RUN HIT OFF OF AL DOWNING OF THE LOS ANGELES DODGERS. I DO WANT TO NOTE THAT LONG-TIME LISTENER RICHARD GOTTFRIED INDICATES TO ME THAT TODAY IS WILLIAM SHAKESPEARE'S BIRTHDAY. THE -- THE ENGLISH BARD WAS BORN ON APRIL 23, 1564, WHICH MARKS TODAY THE 454TH BIRTHDAY OF WHAT IS ARGUABLY ONE OF THE ENGLISH LANGUAGE'S GREATEST POETS AND PLAYWRIGHTS. AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU KNOW THAT FOREST HILLS STADIUM HAS HOUSED MULTIPLE HISTORIC EVENTS SINCE OPENING IN 1923? THE FOREST HILLS STADIUM IS LOCATED IN THE 28TH ASSEMBLY DISTRICT REPRESENTED BY OUR FRIEND, MR. HEVESI. THE 2 NYS ASSEMBLY APRIL 23, 2018 14,000-SEAT CAPACITY STADIUM WAS ONE OF THE FIRST HOMES OF THE LEGENDARY U.S. OPEN AND DAVIS CUP TENNIS TOURNAMENTS. IT'S ALSO BEEN THE VENUE FOR ENTERTAINERS SUCH AS FRANK SINATRA, THE BEATLES AND JIMI HENDRIX. SO, WITH THAT, MR. SPEAKER, LET ME DESCRIBE OUR SCHEDULE FOR THE DAY. MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR. IT HAS 42 NEW BILLS WHICH YOU'LL SEE ON THE CALENDAR FOR THE FIRST TIME. MEMBERS ALSO HAVE ON THEIR DESKS A DEBATE LIST. AFTER ANY INTRODUCTIONS AND HOUSEKEEPING, WE WILL TAKE UP THE NEW BILLS ON CONSENT BEGINNING WITH CALENDAR NO. 733. WE WILL ALSO BE TAKING UP OTHER BILLS FROM THE DEBATE LIST, INCLUDING OUR CRIME VICTIMS PACKAGE, AND WE WILL BE CALLING THE FOLLOWING COMMITTEES TO MEET OFF THE FLOOR: SO, MEMBERS OF THE CODES COMMITTEE OR THE RULES COMMITTEE, PLEASE PAY SPECIAL ATTENTION TO NOTICES FROM THE DESK. THOSE COMMITTEES WILL PRODUCE AN A-CALENDAR, WHICH WILL HAVE ONE BILL ON IT THAT IS PART OF OUR CRIME VICTIMS PACKAGE. MEMBERS SHOULD BE AWARE THAT AT THE END OF SESSION TODAY THERE WILL BE A MOTION TO DISCHARGE EFFORT BY OUR FRIENDS IN THE MINORITY. AND ALTHOUGH I DON'T BELIEVE THERE ARE CONFERENCES SCHEDULED YET ON EITHER SIDE, I WILL CERTAINLY UPDATE MEMBERS THROUGHOUT THE AFTERNOON IF THE NEED FOR ANY PARTY CONFERENCES BECOME NECESSARY. SO, WITH THAT, MR. SPEAKER, INTRODUCTIONS -- I KNOW WE HAVE A FEW -- IF THERE'S ANY HOUSEKEEPING AS WELL, THIS WOULD BE THE TIME TO TAKE THOSE TASKS UP. ACTING SPEAKER AUBRY: CERTAINLY. 3 NYS ASSEMBLY APRIL 23, 2018 HOUSEKEEPING FIRST. ON A MOTION BY MS. PAULIN, THE FOLLOWING BILL CURRENTLY ON THIRD READING IS RECOMMITTED TO THE COMMITTEE ON CODES. BILL NO. A.980, CALENDAR NO. 67, PAGE NUMBER 19. FOR THE PURPOSE OF AN INTRODUCTION, MS. MELISSA MILLER. MS. MILLER: THANK YOU. I RISE FOR THE PURPOSE OF AN INTRODUCTION. STAND UP. PLEASE WELCOME SYDNEY BRETT. SYDNEY IS A STUDENT FROM MY DISTRICT WHO ATTENDS LONG BEACH HIGH SCHOOL. SYDNEY IS QUITE A REMARKABLE YOUNG LADY. SHE STARTED A NON-PROFIT ORGANIZATION CALLED "SYDNEY'S SMILES" AS A RESULT OF HER OWN EXPERIENCES OF BEING A VICTIM OF BULLYING BY HER PEERS AND TEACHERS. SYDNEY'S SMILES IS DEDICATED TO BRINGING AWARENESS TO DIFFERENT TYPES OF BULLYING AND THE NEGATIVE EFFECTS THAT IT CAN HAVE ON CHILDREN. IT PROVIDES KIDS THE TOOLS THAT THEY NEED TO PUT AN END TO BULLYING IN THEIR SCHOOL, TOWN OR OTHER PLACES THAT ARE TOO OFTEN AFFECTED BY THIS ISSUE. BY TEACHING SELF-ADVOCACY, EMPATHY AND HOW TO BE AN UP-STANDER INSTEAD OF A BYSTANDER, SYDNEY'S SMILES IS DEDICATED TO THE IDEA THAT EVERYONE HAS A RIGHT TO BE RESPECTED FOR WHO THEY ARE, AND EVERYONE CAN PLAY A ROLE IN CREATING A CULTURE OF INCLUSION AND ACCEPTANCE. SYDNEY, THIS BEAUTIFUL GIRL, INSIDE AND OUT BRINGS THIS MESSAGE OF ACCEPTANCE, EMPOWERMENT AND KINDNESS TO THE COMMUNITY BY OFFERING TEEN EMPOWERMENT WORKSHOPS TO YOUNG PEOPLE IN OUR COMMUNITIES. SHE EMPOWERS THEM WITH A KNOWLEDGE ON HOW TO BUILD THEIR SELF-ESTEEM, TO HAVE SELF-RESPECT AND TO LOVE WHO THEY ARE. THEY CAN 4 NYS ASSEMBLY APRIL 23, 2018 THEN USE THIS INFORMATION TO ENCOURAGE OTHERS TO BE SELF-ACCEPTING, AS WELL AS BEING NONJUDGMENTAL AND ACCEPTING OF OTHERS AND THEIR DIFFERENCES. SO PLEASE WELCOME SYDNEY AND HER MOM AND GRANDPARENTS TO THE ASSEMBLY CHAMBER, AND OFFER THEM ALL THE CORDIALITIES OF THE HOUSE. ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF OF MS. MILLER, THE SPEAKER AND ALL THE MEMBERS, SYDNEY AND YOUR -- YOUR FAMILY, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE REALLY APPRECIATE THE WORK THAT YOU'RE DOING TO HELP OTHERS. KEEP THAT GOOD WORK UP, AND KNOW THAT WE ARE VERY HAPPY AND PROUD TO HAVE YOU WITH US. THANK YOU SO VERY MUCH. (APPLAUSE) MR. MONTESANO FOR AN INTRODUCTION. MR. MONTESANO: THANK YOU, MR. SPEAKER. I RISE TODAY TO INTRODUCE SOME STUDENTS FROM THE WESTBROOK PREPARATORY RESIDENTIAL SCHOOL, CELEBRATING THEIR SEVENTH ANNIVERSARY. THIS RESIDENTIAL SCHOOL IS A NEW YORK STATE REGENTS HIGH SCHOOL. IT'S ONE OF THE FIRST ONES FOR JUNIORS AND SENIORS, FOR STUDENTS WITH ASPERGER'S SYNDROME, HIGH-FUNCTIONING AUTISM AND RELATED CONDITIONS. THE STUDENTS OF THIS SCHOOL, MR. SPEAKER, HAVE A PHENOMENAL 99 PERCENT REGENTS PASSING RATE. AND THEY BASICALLY ALL GRADUATE WITH A REGENTS DIPLOMA. I WOULD LIKE TO ACKNOWLEDGE THERE ARE SOME PARENTS WITH THEM TODAY, BUT ESPECIALLY THEIR PRINCIPAL, MR. PAUL WALIA, WHO'S LED 5 NYS ASSEMBLY APRIL 23, 2018 THE SCHOOL TO THE GREAT SUCCESS THAT IT ENJOYS TODAY FOR THESE STUDENTS, AS WELL AS KAROLINA VEPREK, WHO IS THE SPECIAL PROJECTS MANAGER FOR SCO. THEY DO AN OUTSTANDING JOB. THEY'RE ENGAGED IN THE COMMUNITY. MANY OF THE STUDENTS HAVE JOBS, AND THEY HAVE A WHOLE LIST OF ACCOMPLISHMENTS. SO I'M VERY PROUD OF THEM, AND I HAVE BEEN PROUD TO VISIT THEIR SCHOOL, AND I'M VERY HAPPY THEY'RE HERE WITH US TODAY TO VISIT THE CAPITOL, TO SEE HOW GOVERNMENT OPERATES ON A DAILY BASIS. SO, MR. SPEAKER, IF YOU WOULD BE SO KIND TO EXTEND TO THEM A WELCOME AND THE CORDIALITIES OF THE HOUSE. ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF OF MR. MONTESANO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS EXTRAORDINARY GROUP OF STUDENTS AND PRINCIPAL AND TEACHERS HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. CONTINUE ON IN YOUR EDUCATION. WE ARE VERY PROUD TO HAVE YOU HERE WITH US TODAY, AND ENJOY YOUR TRIP TO ALBANY. THANK YOU. (APPLAUSE) MR. SANTABARBARA. MR. SANTABARBARA: THANK YOU, MR. SPEAKER. TODAY I'M PLEASED TO INTRODUCE LUIS ROSARIO FROM THE CITY OF AMSTERDAM, WHO HAS BEEN NAMED NEW YORK STATE DIRECT PROFESSIONAL OF THE YEAR BY THE AMERICAN NETWORK OF COMMUNITY OPTIONS AND RESOURCES. THE ORGANIZATION WORKS TO EMPOWER PEOPLE WITH DISABILITIES TO LIVE INDEPENDENTLY, ENJOY GREATER ACCESSIBILITY, AND THRIVE IN THEIR OWN COMMUNITIES. EACH YEAR, THIS RECOGNITION IS GIVEN 6 NYS ASSEMBLY APRIL 23, 2018 TO AN INDIVIDUAL THAT EXEMPLIFIES THESE VALUES, AND CARING FOR INDIVIDUALS WITH DISABILITIES. THROUGH HIS WORK AT LIBERTY ARC IN MONTGOMERY COUNTY FOR THE PAST 10 YEARS, LUIS HAS UNEQUI -- UNEQUIVOCALLY EMBODIED THESE VALUES. EACH DAY, HE GOES ABOVE AND BEYOND TO HELP THE INDIVIDUALS HE CARES FOR ACHIEVE THEIR GOALS, LEADING FULFILLING, INDEPENDENT LIVES. LUIS HAS MADE A LASTING IMPACT ON THE LIVES OF PEOPLE HE HAS HELPED OVER THE YEARS. HE IS AN INSPIRATION TO HIS COWORKERS, AND HAS ALWAYS DEMONSTRATED BOTH PROFESSIONALISM AND COMPASSION. DIRECT CARE WORKERS ARE SOME OF NEW YORK'S MOST UNSUNG HEROES, PROVIDING ESSENTIAL SUPPORTS AND SERVICES THAT MAKE A DIFFERENCE IN THE LIVES OF THOSE LIVING WITH DISABILITIES. AS A FATHER OF A CHILD WITH AUTISM, I KNOW HOW IMPORTANT THE STAFF THAT WORK WITH MY SON, MICHAEL, ARE TO HIS SAFETY AND WELL-BEING. FROM GIVING A VOICE TO THOSE WHO CANNOT SPEAK TO LENDING A HELPING HAND IN ACHIEVING DAILY TASKS WITH AS MUCH INDEPENDENCE AS POSSIBLE, PEOPLE LIKE LUIS DEVOTE THEMSELVES TO OTHERS. THEY ARE SELFLESS, HARD-WORKING AND KIND, AND SERVE AS A LIFELINE TO THE FAMILIES THAT DEPEND ON THEM. AND TODAY I'M SO VERY PLEASED TO CONGRATULATE HIM ON HIS ACHIEVEMENT, AND VERY THANKFUL FOR THE WORK THAT HE IS DOING IN OUR COMMUNITY. MR. SPEAKER, HE IS JOINED HERE TODAY BY SHARON HOLBROOK-RYAN, WHO IS THE ASSOCIATE DIRECTOR OF PUBLIC RELATIONS AND DEVELOPMENT AT -- AT LIBERTY ARC. IF YOU WOULD WELCOME THEM BOTH TO THE CHAMBER AND EXTEND TO THEM ALL THE CORDIALITIES OF THE HOUSE. ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF 7 NYS ASSEMBLY APRIL 23, 2018 OF MR. SANTABARBARA, MRS. GUNTHER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU FINE INDIVIDUALS HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU ARE DOING IN YOUR COMMUNITIES. CONTINUE THAT WORK, AND KNOW THAT YOU ARE ALWAYS WELCOME HERE IN THE PEOPLE'S HOUSE. THANK YOU SO VERY MUCH. (APPLAUSE) MR. DIPIETRO FOR AN INTRODUCTION. MR. DIPIETRO: THANK YOU, MR. SPEAKER. I'D LIKE TO WELCOME TRISH TURNER, RENEE ZENO AND SLAGANA AVRAMOSKA -- I THINK I HAVE PRONOUNCED THAT SOMEWHAT. I HOPE THEY'RE STANDING -- ARE THEY STANDING UP BACK THERE? STAND UP. THERE THEY ARE. THEY'RE JUST SORT OF WANDERING AROUND, MR. SPEAKER. SO, IF YOU WOULD -- IT'S NOT OFTEN I GET VISITORS, ESPECIALLY IMPORTANT PEOPLE. BUT I HAVE TO ADMIT, THEY'RE ACTUALLY NOT HERE TO VISIT ME, BUT I DID DRAG THEM DOWN TODAY. SO IF YOU WOULD GIVE THEM ALL THE CORDIALITIES OF THE HOUSE, WE WOULD REALLY APPRECIATE IT. THANK YOU. ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, LADIES, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, AND OUR GRATITUDE FOR BRIGHTENING UP MR. DIPIETRO'S DAY. AND MAYBE THAT WILL MAKE HIM MORE AGREEABLE THROUGH THE END OF THE DAY. THANK YOU SO VERY MUCH. IT WAS WELCOME TO HAVE YOU. (APPLAUSE) 8 NYS ASSEMBLY APRIL 23, 2018 MR. MORELLE. MR. MORELLE: YES. THANK YOU, SIR. IF WE COULD GO TO PAGE 3 AND OUR RESOLUTIONS AND BEGIN WITH ASSEMBLY RESOLUTION NO. 989 BY MS. LUPARDO. ACTING SPEAKER AUBRY: THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. 989, MS. LUPARDO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO PROCLAIM APRIL 8-14, 2018 AS CRIME VICTIMS' RIGHTS WEEK IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL CRIME VICTIMS' RIGHTS WEEK. ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED. THE CLERK: ASSEMBLY NO. 1024, MR. THIELE. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO PROCLAIM APRIL 23-27, 2018 AS EVERY KID HEALTH WEEK 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 NO. 1025, MS. JOYNER. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO PROCLAIM APRIL 2018 AS ORAL CANCER AWARENESS MONTH IN THE STATE OF NEW YORK. ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL 9 NYS ASSEMBLY APRIL 23, 2018 THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED. MR. MORELLE. MR. MORELLE: YES, THANK YOU, SIR. BEFORE WE GO TO BILLS TO CONSENT, I WOULD LIKE TO ASK MEMBERS OF THE CODES COMMITTEE TO JOIN THE CHAIR, MR. LENTOL, IN THE SPEAKER'S CONFERENCE ROOM. CODES IN THE SPEAKER'S CONFERENCE ROOM. ACTING SPEAKER AUBRY: CODES, SPEAKER'S CONFERENCE ROOM. JOIN MR. LENTOL, PLEASE, IMMEDIATELY. THANK YOU. SIR. MR. MORELLE: YES, THANK YOU. AND AS I INDICATED EARLIER, I WOULD LIKE TO START WITH CALENDAR NO. 733, WHICH IS ON PAGE 4 BY MR. DINOWITZ SO WE CAN BEGIN CONSENTING. ACTING SPEAKER AUBRY: THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. A00633, CALENDAR NO. 733, DINOWITZ, M.G. MILLER, COLTON, OTIS, SEAWRIGHT, SIMON, WILLIAMS, ORTIZ, JOYNER, COOK, D'URSO, CRESPO, NIOU, MAGNARELLI, ABINANTI, BLAKE, BARRON. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO CREATING AND DISTRIBUTING A DRUG GUIDE FOR SENIOR CONSUMERS. ACTING SPEAKER AUBRY: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT SEPTEMBER 1ST. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD THE VOTE. (THE CLERK RECORDED THE VOTE.) 10 NYS ASSEMBLY APRIL 23, 2018 MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES AND GENTLEMEN, THIS IS OUR FIRST VOTE OF THE DAY, SO I HOPE YOU'LL CAST YOUR VOTES QUICKLY. THOSE WHO ARE NOT YET TO THE CHAMBER, PLEASE DO SO WITH ALL -- POST-HASTE, I THINK, AS THEY SAY, MR. SPEAKER. FIRST VOTE OF THE DAY. ACTING SPEAKER AUBRY: POST-HASTE IT IS. FIRST VOTE OF THE DAY, MEMBERS. PLEASE, IF YOU'RE IN YOUR SEATS, CAST YOUR BALLOT NOW. MEMBERS ON THE WAY, PLEASE HURRY UP. (PAUSE) ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. THE CLERK: ASSEMBLY NO. A01228, CALENDAR NO. 734, WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES, COLTON, JAFFEE, CYMBROWITZ, ABINANTI, TITONE, PERRY, BRINDISI, THIELE, RODRIGUEZ, M.G. MILLER, SKOUFIS, STIRPE, SEPULVEDA, SEAWRIGHT. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO REQUIRING ALL MOTOR VEHICLE INSURERS TO FILE ANNUAL FINANCIAL STATEMENTS AND DETAILED CLAIM DATA WITH THE SUPERINTENDENT OF FINANCIAL SERVICES. ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE. THE CLERK: ASSEMBLY NO. A01906, CALENDAR NO. 735, O'DONNELL, SEPULVEDA. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO RISK ASSESSMENT INSTRUMENTS FOR SEX OFFENDERS. ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE. 11 NYS ASSEMBLY APRIL 23, 2018 THE CLERK: ASSEMBLY NO. A02242-A, CALENDAR NO. 736, PEOPLES-STOKES, MOSLEY, SKOUFIS, LUPARDO, L. ROSENTHAL, COLTON, SEPULVEDA, WILLIAMS, OTIS, JEAN-PIERRE. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO ESTABLISHING A PAINT STEWARDSHIP PROGRAM. ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE. THE CLERK: ASSEMBLY NO. A02528, CALENDAR NO. 737, DENDEKKER, SEAWRIGHT. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING THAT ADVERTISEMENTS WHICH INCLUDE A DISCOUNT OR REBATE IN THE ADVERTISED PRICE ALSO INCLUDE THE ACTUAL SELLING PRICE PRIOR TO ANY DEDUCTIONS IN THE SAME FONT AND SIZE. ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE. THE CLERK: ASSEMBLY NO. A03185, CALENDAR NO. 738, COOK, GLICK, ENGLEBRIGHT, D'URSO, PEOPLES-STOKES. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE SUSPENSION OR REVOCATION OF FISHING, HUNTING AND TRAPPING LICENSES PURSUANT TO THE INTERSTATE WILDLIFE VIOLATOR COMPACT. 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. 12 NYS ASSEMBLY APRIL 23, 2018 MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD LIKE TO ASK MEMBERS OF THE RULES COMMITTEE TO JOIN THE SPEAKER IN THE SPEAKER'S CONFERENCE ROOM. MEMBERS OF THE COMMITTEE ON RULES. ACTING SPEAKER AUBRY: COMMITTEE ON RULES, SPEAKER'S CONFERENCE ROOM. THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. A04402, CALENDAR NO. 739, PRETLOW. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO REQUIRING A NEW YORK STATE LEGEND ON ALL BELL JAR TICKETS SOLD IN NEW YORK STATE. ACTING SPEAKER AUBRY: 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.) ACTING SPEAKER ROZIC: ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. THE CLERK: ASSEMBLY NO. A05112-A, CALENDAR NO. 740, L. ROSENTHAL, JAFFEE, ZEBROWSKI, GOTTFRIED, CAHILL, PERRY, WEPRIN, COLTON, ABINANTI. AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO ELECTRONIC MONITORING. ACTING SPEAKER ROZIC: THE BILL IS LAID ASIDE. 13 NYS ASSEMBLY APRIL 23, 2018 THE CLERK: ASSEMBLY NO. A07183-A, CALENDAR NO. 741, ZEBROWSKI, FAHY. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO REQUIRING WATER WORKS CORPORATIONS AND MUNICIPAL WATER SYSTEMS TO ANNUALLY CALCULATE AND SUBMIT TO THE PUBLIC SERVICE COMMISSION THEIR WATER COST INDEX. ACTING SPEAKER ROZIC: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY. ACTING SPEAKER ROZIC: THE CLERK WILL RECORD THE VOTE. (THE CLERK RECORDED THE VOTE.) ACTING SPEAKER AUBRY: ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. MR. GOODELL. MR. GOODELL: THANK YOU VERY MUCH, MR. SPEAKER, FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS FOR JUST A MOMENT. WE ARE VERY FORTUNATE TODAY TO HAVE WITH US ONE OF OUR GREAT FORMER LEGISLATORS, JANET DUPREY. YOU MAY RECALL, JANET REPRESENTED MUCH OF THE NORTH COUNTRY AND DID A GREAT JOB FOR MANY YEARS HERE ON THE FLOOR OF THE ASSEMBLY. AND PLEASE JOIN MYSELF AND MR. STEC AND MR. CARROLL AND OTHERS IN -- IN WELCOMING MS. JANET DUPREY. THANK YOU SO MUCH. ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF -- 14 NYS ASSEMBLY APRIL 23, 2018 MR. GOODELL: AND MR. JONES. ACTING SPEAKER AUBRY: -- OF MR. GOODELL, MR. STEC, MR. JONES AND THE ENTIRE ASSEMBLY AND THE SPEAKER, LET ME WELCOME YOU HERE, JANET. YOU ARE A FORMER MEMBER, SO YOU ALWAYS ARE EXTENDED THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU HAVE HAD A -- A MEMORABLE DAY HERE IN ALBANY TO GO ALONG WITH ALL THE OTHER GREAT MEMORIES YOU HAVE BROUGHT US. THANK YOU SO VERY MUCH, AND WE HOPE THINGS ARE GOING WELL. (APPLAUSE) THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. A07740, CALENDAR NO. 742, ZEBROWSKI, ABINANTI, SEPULVEDA, PERRY, BLAKE, RICHARDSON, WEPRIN, SEAWRIGHT, BICHOTTE, FAHY. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO REQUIRING FINANCIAL INSTITUTIONS TO NOTIFY A CUSTOMER PRIOR TO CHARGING A FEE BASED ON ACCOUNT INACTIVITY. ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE. THE CLERK: ASSEMBLY NO. A08288-B, CALENDAR NO. 743, PAULIN. AN ACT TO AMEND THE PUBLIC SERVICE LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO REQUIRING COMBINATION GAS AND ELECTRIC CORPORATIONS, THE NEW YORK POWER AUTHORITY AND THE LONG ISLAND POWER AUTHORITY TO PROVIDE AN ANNUAL TRANSPARENCY STATEMENT TO CUSTOMERS. ACTING SPEAKER AUBRY: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD 15 NYS ASSEMBLY APRIL 23, 2018 THE VOTE. (THE CLERK RECORDED THE VOTE.) ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER, FOR ALLOWING A -- AN INTERRUPTION SO I COULD ACKNOWLEDGE A LARGE GROUP OF DISTINGUISHED INDIVIDUALS WHO HAVE JOINED US IN THE CHAMBER TODAY. THEY'RE GUESTS OF MR. BENEDETTO, AND THEY ARE FROM AROUND THE STATE. THEY'RE THE NEW YORK STATE ASSOCIATION OF REALTORS NEW YORK LEADERSHIP ACADEMY 2018. THESE OUTSTANDING MEN AND WOMEN ARE, AS MR. BENEDETTO DESCRIBED THEM, THE "CREAM OF THE CROP" OF REALTORS AROUND THE STATE. THEY'VE ALL ASSEMBLED IN ALBANY TO -- TO ENHANCE THEIR PROFESSION, AND A PART OF THEIR TIME HERE IS SPENT IN OUR CHAMBER OBSERVING THE PROCEEDINGS, AND WE'RE DELIGHTED TO HAVE THEM. I WANT TO WISH THEM CONTINUED SUCCESS. AND IF YOU WOULD PLEASE EXTEND ALL THE CORDIALITIES OF THE HOUSE TO THIS FINE GROUP OF INDIVIDUALS. ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF OF MR. BENEDETTO, THE SPEAKER, ALL THE MEMBERS, WE WELCOME YOU HERE TO THE PEOPLE'S HOUSE, THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU HAVE ENJOYED OUR PROCEEDINGS AND WILL CONTINUE TO DO SO, AND ALSO THAT YOUR TIME IN ALBANY WILL BE BENEFICIAL. THANK YOU SO VERY MUCH FOR JOINING US. 16 NYS ASSEMBLY APRIL 23, 2018 (APPLAUSE) MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. AS I INDICATED EARLIER, WE HAVE A PACKAGE OF BILLS, OUR CRIME VICTIMS PACKAGE, AND I'D LIKE TO JUST DIRECT EVERYONE'S ATTENTION TO THE FIRST THREE BILLS I'D LIKE TO TAKE UP. BEGIN WITH CALENDAR NO. 69, WHICH IS ON PAGE 19 OF THE CALENDAR BY MS. PAULIN. FOLLOW THAT WITH CALENDAR NO. 238 BY MR. LAVINE, WHICH IS ON PAGE 33 OF THE CALENDAR. AND THEN FINALLY FOR THIS GROUPING, ON PAGE 40 WE'LL FIND CALENDAR NO. 257 BY MR. LENTOL. ACTING SPEAKER AUBRY: THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. A01030, CALENDAR NO. 69, PAULIN, MOSLEY, M.G. MILLER, CROUCH, GOTTFRIED. AN ACT TO AMEND THE EXECUTIVE LAW AND THE CRIMINAL PROCEDURE LAW, IN RELATION TO THE DEFINITION OF "DESIGNATED OFFENDER." ACTING SPEAKER AUBRY: AN EXPLANATION IS REQUESTED, MS. PAULIN. BUT BEFORE YOU START, LET US PREPARE THE HOUSE TO RECEIVE YOUR INFORMATION. SO THAT MEANS MEMBERS, PLEASE TAKE YOUR SEATS. CONVERSATIONS WILL CEASE AROUND THE HALL. SHH. I THINK WE'RE READY. MS. PAULIN: WE'RE READY. ACTING SPEAKER AUBRY: GO RIGHT AHEAD. MS. PAULIN: WITH PLEASURE. THIS BILL WILL EXEMPT VICTIMS OF SEX TRAFFICKING FROM THE REQUIREMENTS TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA IDENTIFICATION INDEX. UNDER 17 NYS ASSEMBLY APRIL 23, 2018 CURRENT LAW, ANY PERSON CONVICTED OF A FELONY OR A MISDEMEANOR DEFINED IN THE PENAL LAW, WITH A FEW EXCEPTIONS, AND IS SENTENCED -- AND SENTENCED IS REQUIRED TO PROVIDE A SAMPLE. THIS LEGISLATION IS CONSISTENT WITH LEGISLATION SIGNED INTO LAW THAT RECOGNIZES THAT SEXUALLY-EXPLOITED PERSONS SHOULD BE TREATED AS VICTIMS AND NOT CRIMINALS, SUCH AS LEGISLATION REQUIRING COURTS TO WAIVE PAYMENT BY SEX TRAFFICKING VICTIMS OF A MANDATORY SURCHARGE, CRIME VICTIM ASSISTANCE FEE AND DNA DATA BANK FEE WHERE THE SEX TRAFFICKING VICTIM IS CONVICTED OF A MISDEMEANOR OR A VIOLATION. ACTING SPEAKER AUBRY: MR. PALUMBO. MR. PALUMBO: THANK YOU, MR. SPEAKER. WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE? ACTING SPEAKER AUBRY: WILL YOU YIELD, MS. PAULIN? MS. PAULIN: I WILL. ACTING SPEAKER AUBRY: THE SPONSOR YIELDS. MR. PALUMBO: THANK YOU. THANK YOU, AMY. I WOULD LIKE A LITTLE BIT OF CLARIFICATION, IF I MAY, FOR OUR COLLEAGUES, THAT THIS EXEMPTS -- REALLY CHARACTERIZES THREE NEW DESIGNATED OFFENDER CATEGORIES; PEOPLE CONVICTED OF LOITERING FOR THE PURPOSES OF ENGAGING IN PROSTITUTION AND PERSONS CONVICTED OF PROSTITUTION ARE THE FIRST TWO. IS THAT ACCURATE? MS. PAULIN: IT IS. MR. PALUMBO: AND IS THAT EVERY INDIVIDUAL CONVICTED OF THOSE TWO CRIMES, OR IS IT JUST PEOPLE WHO ARE DEEMED TO 18 NYS ASSEMBLY APRIL 23, 2018 BE VICTIMS UNDER THE SEX -- SEX TRAFFICKING ACT? MS. PAULIN: WELL, I THINK I KNOW WHERE YOU'RE HEADING, AND I WOULD ARGUE THAT THOSE CONVICTED OF PROSTITUTION ARE ACTUALLY VICTIMS OF SEX TRAFFICKING, WITH OR WITHOUT THE DESIGNATION MADE IN THE THIRD CATEGORY THAT YOU'RE TALKING ABOUT. MR. PALUMBO: OKAY. AND REGARDING THAT THIRD SECTION, UNDER THE TRAFFICKING VICTIMS PROTECTION ACT, IF SOMEONE IS DEEMED TO HAVE BEEN A VICTIM UNDER THAT PARTICULAR ACT, DOES THAT INVOLVE ALL CRIMES THAT THEY'RE CONVICTED OF? SO ANYTHING OVER AND ABOVE THOSE TWO THAT WERE MENTIONED IN THE FIRST TWO CATEGORIES. MS. PAULIN: I'M NOT SURE I -- I UNDERSTAND THE QUESTION COMPLETELY, BUT IT'S FOR THE THREE CATEGORIES THAT WE'RE TALKING ABOUT. IF THEY'RE CONVICTED OF THOSE THREE. IF THEY'RE CONVICTED OF A -- OF A DIFFERENT CRIME, THEN THEY WOULD BE OBLIGATED TO -- TO PROVIDE THE DNA SAMPLE. MR. PALUMBO: CERTAINLY. SO I -- I THINK IT READS -- AND I'LL GIVE AN EXAMPLE. A PERSON WHOSE PARTICIPATION IN THE OFFENSE IS DETERMINED BY A COURT TO HAVE BEEN A RESULT OF HAVING BEEN A VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34 OF THE PENAL LAW OR TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT, THEN THEY WOULD NOT HAVE TO PROVIDE A DNA SAMPLE. SO, FOR EXAMPLE, IF SOMEONE IS IN A VEHICLE INVOLVED IN, SAY, A FELONY MURDER. IF EVERYONE GOES TO A 7-ELEVEN, SOMEONE GOES IN, KILLS THE CLERK. THEY ALL, UNDER NEW YORK STATE LAW, WOULD BE GUILTY OF FELONY MURDER BECAUSE DURING THE COURSE AND COMMISSION OR FLIGHT OF A FELONY THEY'RE 19 NYS ASSEMBLY APRIL 23, 2018 NOW -- WHICH WOULD BE THE ROBBERY NOW -- THEY'RE ALL GUILTY OF MURDER. IN THAT CIRCUMSTANCE, IF THIS INDIVIDUAL IS IN THAT CAR WITH HER CAPTOR OR SOMEONE WHO IS DEEMED TO BE A PIMP, SO-TO-SPEAK, UNDER THE SEX TRAFFICKING ACT, THEY WOULD NOT -- THAT WOMAN WOULD NOT BE REQUIRED TO PROVIDE A DNA SAMPLE IN THOSE CIRCUMSTANCES? MS. PAULIN: IT -- IT DEPENDS. REMEMBER, THIS IS FOR A CONVICTION. AND THEY WOULD -- IF THEY WERE CONVICTED OF THAT HIGHER OFFENSE, THEN THEY WOULD. IF THEY WERE CONVICTED OF LOITERING UNDER THE THREE PROVISIONS THAT ARE OUTLINED IN THIS BILL, THEN THEY WOULDN'T. MR. PALUMBO: I -- I UNDERSTAND WHAT YOU'RE SAYING, BUT UNDER THAT THIRD SUBSECTION, LINE 14 ON PAGE 1, A PERSON CONVICT -- WHOSE PARTICIPATION IN THE OFFENSE IS DETERMINED BY A COURT. SO, I THINK THAT -- DOES THAT APPLY TO ANY OFFENSE, OR JUST THOSE LOITERING AND PROSTITUTION OFFENSES? MS. PAULIN: WE'RE TALKING ABOUT THE LOITERING AND PROSTITUTION OFFENSES. MR. PALUMBO: OH, I SEE. BECAUSE THAT WASN'T CLEAR. AND IN THE EVENT -- AND JUST ONE LAST AREA OF INQUIRY, THAT -- THAT SOMEONE WHO IS A VICTIM AND IS AFRAID, TYPICALLY, TO SPEAK OUT AS A RESULT OF THEIR VICTIM STATUS AS -- AS SOMEONE WHO IS BEING SEXUALLY- TRAFFICKED, WOULDN'T IT BE COUNTERINTUITIVE TO NOT HAVE THEM IN A DATA BASE? BECAUSE IN CERTAIN CIRCUMSTANCES, THEIR INFORMATION OR THE -- AN UNSOLVED CRIME COULD ACTUALLY BE IN THE DATA BASE -- WHICH, BY THE WAY, OF COURSE, IS CONFIDENTIAL -- THAT THERE, SAY, WERE SOME FLUIDS AT A SCENE OF A RAPE, AND DUE TO HER FEARS OF RETALIATION, THIS PARTICULAR 20 NYS ASSEMBLY APRIL 23, 2018 VICTIM DID NOT SAY ANYTHING, BUT THE DNA WOULD THEN SPEAK ON HER BEHALF AND ULTIMATELY LINK IT TO HERSELF AS WELL AS THE PERPETRATOR OF THAT OTHER CRIME. MS. PAULIN: WELL, WE DON'T USUALLY PUNISH VICTIMS BY REQUIRING THEM TO PROVIDE A DNA SAMPLE. SO, YOU KNOW, AS YOU'RE SUGGESTING, SHE, THEN, IN THIS CASE WOULD BE THE VICTIM, AND WHAT YOU'RE SUGGESTING IS THEN IT WOULD MAKE SENSE TO HAVE ALL VICTIMS UNDER THOSE SAME CIRCUMSTANCES PROVIDE DNA SAMPLES. BUT IT'S NOT WHAT WE DO, AND WE DON'T DO IT BECAUSE WE DON'T PUNISH THE VICTIMS IN TRYING TO PUNISH THE PERPETRATORS. SO, I WOULD SUGGEST THAT, YOU KNOW, MOST, IF NOT ALL, SEX TRAFFICKING VICTIMS ARE -- IN FACT, ALL SEX TRAFFICKING VICTIMS ARE SEX TRAFFICKING VICTIMS UNDER DURESS, UNDER FORCE, AND THEY SHOULD NOT BE, THEREFORE, ADDITIONALLY PUNISHED BY BEING SEEN IN THE EYES OF THE LAW AS A PERPETRATOR NECESSARY TO COLLECT A DNA SAMPLE. AND SO THE PURPOSE OF THIS BILL IS TO, AGAIN, REMIND OURSELVES THAT SEX TRAFFICKING VICTIMS SHOULDN'T BE TREATED AS PROSTITUTES, WHICH IS A CRIME, AND INSTEAD SHOULD BE TREATED AS THE VICTIM THEY ARE. MR. PALUMBO: OKAY. THANK YOU, AMY. ON THE BILL PLEASE, MR. SPEAKER. ACTING SPEAKER AUBRY: ON THE BILL, MR. PALUMBO. MR. PALUMBO: THANK YOU, MR. SPEAKER. AND, AGAIN, OF COURSE EVERYONE HAS SYMPATHY FOR SOMEONE WHO IS -- IS A VICTIM OF SEX TRAFFICKING. I JUST THINK THE CLARIFICATIONS IN THIS BILL MIGHT BE -- HAVE SOME COUNTERINTUITIVE ASPECTS, WHERE WAIVING THE FEE 21 NYS ASSEMBLY APRIL 23, 2018 IS CERTAINLY THE RIGHT WAY TO DO IT. IT'S A GOOD IDEA. BUT, ULTIMATELY, WHEN SOMEONE PROVIDES A DNA SAMPLE, IT'S SIMPLY A BUCCAL SWAB IN YOUR CHEEK. IT'S ESSENTIALLY A LONG Q-TIP THAT IS A FEW SCRATCHES IN YOUR CHEEK AREA, AND THAT COULD ULTIMATELY BE THE VOICE FOR THESE VICTIMS WHO, UNDER THESE REALLY LOW-LEVEL CRIMES -- THESE ARE LOW-LEVEL MISDEMEANORS, THESE LOITERING AND THE -- AND THE GENERAL PROSTITUTION STATUTE. SO, THIS COULD BE SOMEONE WHO IS A VICTIM OF A SERIOUS VIOLENT FELONY OFFENSE, AND IS UNABLE TO BE IN THIS CONFIDENTIAL DATA BASE AND ULTIMATELY HAVE THAT CRIME SOLVED, BECAUSE THAT IS A VERY IMPORTANT TOOL FOR LAW ENFORCEMENT, THE ABILITY TO USE DNA. SO, I -- I DO APPRECIATE AND -- AND I THINK WE ALL APPRECIATE THE GENERAL INTENTIONS OF THIS BILL, BUT I THINK WE MIGHT WANT TO CLARIFY TO AN EXTENT THAT MAYBE IN THE EVENT THAT A VICTIM WANTED TO VOLUNTARILY BE IN THE BASE, IN THE DATA BASE AND GIVE A DNA SAMPLE BECAUSE IT'S SO NOMINALLY INTRUSIVE, THAT WE COULD WAIVE THE FEE, AT LEAST, FOR THOSE INDIVIDUALS. AND LASTLY, REGARDING ANY DURESS DEFENSE OR EMERGENCY DOCTRINE, THOSE ARE ALL PARTS OF THE COURT PROCESS, THAT IF SOMEONE WAS FORCED TO COMMIT A CRIME, THEY WOULDN'T HAVE THE APPROPRIATE MENTAL STATE AND WOULD ULTIMATELY RESULT IN AN ACQUITTAL. SO, I APPRECIATE THIS INFORMATION FROM THE SPONSOR, AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU. ACTING SPEAKER AUBRY: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD THE VOTE. 22 NYS ASSEMBLY APRIL 23, 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. A02919, CALENDAR NO. 238, LAVINE, WEINSTEIN, LUPARDO, WEPRIN, L. ROSENTHAL, MOSLEY, BRONSON, PEOPLES-STOKES, TITUS, ABINANTI, FAHY, WALKER, ZEBROWSKI, RAIA, SEPULVEDA, SEAWRIGHT, STECK, SKOUFIS, JAFFEE, GALEF, SOLAGES. AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO THE RIGHT TO CALL FOR POLICE AND EMERGENCY ASSISTANCE AND PROVIDING VICTIM PROTECTIONS. ACTING SPEAKER AUBRY: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD THE VOTE. (THE CLERK RECORDED THE VOTE.) ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. THE CLERK: ASSEMBLY NO. A03223-A, CALENDAR NO. 257, LENTOL, HEVESI, O'DONNELL, BENEDETTO, JAFFEE, OTIS, PEOPLES-STOKES, STECK, BICHOTTE, M.G. MILLER, FAHY, SEPULVEDA, PICHARDO. AN ACT TO AMEND THE PENAL LAW AND THE SOCIAL SERVICES LAW, IN RELATION TO PROSTITUTION OFFENSES AND SERVICES TO HUMAN TRAFFICKING VICTIMS. ACTING SPEAKER AUBRY: READ THE LAST SECTION. 23 NYS ASSEMBLY APRIL 23, 2018 THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD THE VOTE. (THE CLERK RECORDED THE VOTE.) ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. THE NEXT THREE BILLS I WOULD LIKE TO TAKE UP, CALENDAR NO. 277 ON PAGE 43 BY MR. ENGLEBRIGHT, FOLLOWED BY CALENDAR NO. 296 ON PAGE 44 BY MS. GLICK, AND WE'LL FINISH THIS GROUP WITH CALENDAR NO. 299 BY MR. PRETLOW, WHICH IS FOUND ON PAGE 45 OF THE MAIN CALENDAR. ACTING SPEAKER AUBRY: THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. A03555, CALENDAR NO. 277, ENGLEBRIGHT. AN ACT TO AMEND THE GENERAL BUSINESS LAW AND THE EXECUTIVE LAW, IN RELATION TO THE DISPOSITION OF CERTAIN FINES. 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.) 24 NYS ASSEMBLY APRIL 23, 2018 THE BILL IS PASSED. THE CLERK: ASSEMBLY NO. A03920, CALENDAR NO. 296, GLICK, JAFFEE, PERRY, GOTTFRIED, AUBRY, M.G. MILLER, SEAWRIGHT, COLTON. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO ELIGIBILITY OF DOMESTIC PARTNERS FOR COMPENSATION FROM THE CRIME VICTIMS' BOARD. ACTING SPEAKER AUBRY: AN EXPLANATION IS REQUESTED, MS. GLICK. MS. GLICK: CERTAINLY, MR. SPEAKER. THIS BILL ADDS DOMESTIC PARTNERS TO THE LIST OF ELIGIBLE INDIVIDUALS WHO CAN RECEIVE SUPPORT FROM THE CRIME VICTIMS' COMPENSATION BOARD WHEN THERE IS A HOMICIDE COMMITTED AGAINST THEIR DOMESTIC PARTNER. ACTING SPEAKER AUBRY: MR. GOODELL. MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD THE SPONSOR YIELD? ACTING SPEAKER AUBRY: WILL YOU YIELD, MS. GLICK? MS. GLICK: SURE. ACTING SPEAKER AUBRY: THE SPONSOR YIELDS. MR. GOODELL: THANK YOU VERY MUCH, MS. GLICK. I SEE THAT THIS BILL EXPANDS THOSE WHO ARE ELIGIBLE BY THREE CATEGORIES, AND IF IT'S ALL RIGHT, I MIGHT TAKE THEM IN REVERSE ORDER. THE THIRD CATEGORY IS A PERSON WHO'S DEPENDENT OR MUTUALLY-INTERDEPENDENT ON THE OTHER PERSON FOR SUPPORT. HOW IS THAT DIFFERENT THAN THE EXISTING LAW THAT ALREADY PROVIDES BENEFITS TO, QUOTE, "ANY OTHER PERSON 25 NYS ASSEMBLY APRIL 23, 2018 DEPENDENT FOR PRINCIPAL SUPPORT ON THE VICTIM"? MS. GLICK: WELL, IT'S NOT A DIFFERENT CATEGORY. WHAT IT IS IS A DIFFERENT DEFINITION BECAUSE THERE -- IF YOU LOOK AT THE FIRST CATEGORY, AS YOU CHARACTERIZE IT -- IT'S THE FIRST DEFINITION -- IN MANY PLACES THERE ARE NO REGISTRIES. PEOPLE MAY NOT BE EMPLOYED, SO THERE'S NO PLACE FOR THEM TO ACTUALLY REGISTER, AS IT WERE. AND THIS DEFINITION "C" -- WHICH YOU REFERRED TO AS A CATEGORY AND I SAY IS A DEFINITION -- HAS BEEN PART OF STATE LAW FOR SOME TIME. MR. GOODELL: SO YOUR -- YOUR VIEW IS CATEGORY C IS BASICALLY THE SAME AS WHAT'S ALREADY CON -- CONTAINED WITHIN SECTION 624(1)(C) OF THE EXISTING LAW? MS. GLICK: WELL, I DON'T KNOW WHAT THAT SECTION OF LAW IS. I'M SIMPLY SAYING THAT IT IS A CONSISTENT DEFINITION THAT HAS BEEN USED IN A NUMBER OF STATUTES. THE -- WHEN IT COMES TO THE DISPOSITION OF CREMATED REMAINS OR OTHER SECTIONS OF LAW, WE USED A STANDARD DEFINITION FOR SOME TIME. THE FIRST TIME WAS IN RELATION TO THE 9/11 ATTACKS. MANY OF THE FIREFIGHTERS WHO DIED THAT DAY WERE NOT MARRIED BUT HAD BEEN IN RELATIONSHIPS. AND FOR THE PURPOSE OF ACCIDENTAL DEATH BENEFITS, THERE WAS A DESIRE -- MANY OF THESE WERE INDIVIDUALS WHO PERHAPS COULD HAVE GOTTEN MARRIED BUT HAD NOT YET OR HAD CHOSEN NOT TO, BUT WERE IN THESE RELATIONSHIPS. AND SO THIS BODY, THAT MANY YEARS AGO, CAME TO REALIZE THAT IT WAS IMPORTANT TO RECOGNIZE THAT RELATIONSHIP SPECIFICALLY AS SOMEBODY WHO WAS IN, FOR LACK OF A BETTER TERM, A COMMITTED RELATIONSHIP. MR. GOODELL: SURE. LOOKING AT CATEGORY B, THIS 26 NYS ASSEMBLY APRIL 23, 2018 WOULD EXTEND THE BENEFITS TO ANYONE WHO'S NAMED AS A BENEFICIARY UNDER ANOTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE. PRESUMABLY, EMPLOYMENT BENEFITS WOULD INCLUDE LIFE INSURANCE? MS. GLICK: WELL, I DON'T KNOW. SO, NOT EVERYBODY CARRIES -- NOT EVERY EMPLOYER OFFERS THAT OPPORTUNITY FOR EMPLOYEES TO HAVE LIFE INSURANCE. MR. GOODELL: BUT FOR THOSE WHO DO, IT WOULD INCLUDE A LIFE INSURANCE BENEFICIARY WITHIN THIS CATEGORY? MS. GLICK: I -- I SUPPOSE SO. MR. GOODELL: AND, OF COURSE, A LIFE INSURANCE BENEFICIARY MAY BE SOMEONE WHO'S NOT DEPENDENT ON YOU AT ALL, RIGHT? I MEAN, IT COULD BE A FRIEND OR A RELATIVE OF SOME SORT. MS. GLICK: IT IS INTENDED TO IDENTIFY DIFFERENT WAYS IN WHICH PEOPLE ARE IN RELATIONSHIPS FOR THAT -- IT SAYS A DOMESTIC PARTNER COULD MEAN -- AND THIS IS A WAY IN WHICH ONE COULD PROVIDE THE MARKER FOR WHICH THE CRIME VICTIMS' BOARD COULD IDENTIFY THEM AS DOMESTIC PARTNERS. MR. GOODELL: LOOKING AT THE CRIME VICTIM COMPENSATION FUND AS A WHOLE, ARE YOU AWARE OF WHAT THEIR FINANCIAL STATUS IS? MS. GLICK: NO, BUT I CERTAINLY DON'T THINK THAT WE WOULD SAY IN -- IN THE CASE OF A SPOUSE, WELL, WE'RE NOT GOING TO PROVIDE ANY OF THE OUT-OF-POCKET SUPPORTS FROM CRIME VICTIMS NOW THAT YOU'VE LOST YOUR WIFE OR HUSBAND THROUGH A MURDER. WE ARE SIMPLY SAYING THAT DOMESTIC PARTNERS, IN THIS INSTANCE, SHOULD LIKEWISE BE 27 NYS ASSEMBLY APRIL 23, 2018 PROVIDED WITH WHATEVER IS THE SUPPORT, HOWEVER LITTLE THAT MIGHT BE. MR. GOODELL: HOW MANY PEOPLE DO YOU ESTIMATE WOULD BE IMPACTED BY THIS BILL? MS. GLICK: I DON'T HAVE THAT FIGURE BECAUSE WE DON'T HAVE A -- A CONCISE RECORD OF WHO IS A DOMESTIC PARTNER. THERE ISN'T A REG -- THERE ISN'T A STATE REGISTRY. THERE ARE SOME EMPLOYMENT -- I'VE -- I'VE -- YOU KNOW, THE ASSEMBLY HAS THE ABILITY OF PEOPLE TO LIST THEMSELVES AS DOMESTIC PARTNERS. I DON'T EVEN HAVE THAT FIGURE. MR. GOODELL: I SEE. THANK YOU VERY MUCH, MS. GLICK. I APPRECIATE YOUR COMMENTS. ON THE BILL. ACTING SPEAKER AUBRY: ON THE BILL, MR. GOODELL. MR. GOODELL: AS WAS NOTED BY MY COLLEAGUE, ABOUT 17 YEARS AGO WE AMENDED THE CRIME VICTIM COMPENSATION BOARD GUIDELINES TO ALLOW FOR AN AWARD TO ANYONE WHO IS FINANCIALLY- DEPENDENT ON THE VICTIM. THAT -- THAT DEPENDENT RELATIONSHIP IS NOT DEFINED UNDER EXISTING LAW, BY WHETHER OR NOT YOU'RE ON A REGISTRY OR WHETHER OR NOT YOU'RE NAMED AS A BENEFICIARY UNDER A LIFE INSURANCE POLICY OR A HEALTH INSURANCE POLICY. IT'S JUST VERY CLEAR. IF YOU'RE DEPENDENT FOR YOUR PRINCIPAL SUPPORT ON A VICTIM, UNDER CURRENT LAW, YOU'RE ELIGIBLE. WHAT THIS LAW DOES IS GOES ONE STEP FURTHER AND SAYS EVEN IF YOU'RE NOT FINANCIALLY-DEPENDENT ON THE VICTIM AND YOU'RE NOT FALLING IN WITHIN ANY OF THE OTHER CATEGORIES -- MEANING YOU'RE NOT RELATED, YOU'RE NOT MARRIED, WHETHER IT'S A GAY OR A STRAIGHT MARRIAGE -- 28 NYS ASSEMBLY APRIL 23, 2018 IT REMOVES THE REQUIREMENT THAT YOU'RE FINANCIALLY-DEPENDENT AND IT TAKES THAT NET AND CASTS IT OUT ON A MUCH BROADER BASIS. AND OF COURSE, ALL OF US ARE SYMPATHETIC TO VICTIMS OF CRIME, BUT WE ALSO HAVE TO BE SENSITIVE THAT THE FUNDING THAT'S AVAILABLE UNDER THE CRIME VICTIM COMPENSATION BOARD IS ALSO LIMITED. AND SO, IF WE EXTEND BENEFITS TO PEOPLE WHO ARE NOT DEPENDENT ON THE VICTIM FOR ANY FINANCIAL SUPPORT OR OTHERWISE RELATED TO THE VICTIM IN ANY WAY, WE RUN THE RISK THAT THOSE PEOPLE THAT MOST OF US CONSIDER TO BE THE MOST NEEDY OF ASSISTANCE WON'T HAVE THE FUNDS AVAILABLE IN THE CRIME VICTIMS COMPENSATION BOARD TO PROVIDE THE FUNDING. AND FOR THAT REASON -- BECAUSE I DON'T THINK WE SHOULD IN ANY WAY SHORT-CHANGE ANYONE WHO'S CURRENTLY IN THE SYSTEM. ABSENT OF FINANCIAL ANALYSIS THAT SHOWS THAT WE CAN ACTUALLY PROVIDE FULL BENEFITS, I'D BE RELUCTANT TO SUPPORT THIS, AGAIN, WITHOUT ANY FUNDING OR ANY FINANCIAL ANALYSIS THAT WE CAN MEET OUR OBLIGATIONS TO THE EXISTING COVERED PARTIES. THANK YOU VERY MUCH, MR. SPEAKER, AND THANK YOU VERY MUCH TO THE SPONSOR. ACTING SPEAKER AUBRY: MS. GLICK. MS. GLICK: THANK YOU. ON THE BILL, MR. SPEAKER. ACTING SPEAKER AUBRY: ON THE BILL, MS. GLICK. MS. GLICK: THE BILL INDICATES THAT AN INDIVIDUAL REPRESENTS THEMSELVES AS A DOMESTIC PARTNER. PEOPLE DO NOT COMMIT FRAUD IN RELATION TO A -- ASSERTING THAT THEY ARE A DOMESTIC PARTNER. THE 29 NYS ASSEMBLY APRIL 23, 2018 NOTION THAT THIS COULD BE SOMEBODY WHO DOESN'T REALLY NEED THE MONEY COULD, IN FACT, RELATE TO ANY OF THE OTHER CATEGORIES WHICH WE CHOOSE TO RECOGNIZE. WE DO NOT ASK PEOPLE WHO ARE SPOUSES OR GRANDPARENTS WHETHER OR NOT THEY HAVE TO -- DO NOT HAVE TO SUBMIT ANY TAX FORMS FOR US TO MAKE SOME DETERMINATION AS TO WHETHER OR NOT THEY REALLY NEED THE MONEY. THIS ADDS DOMESTIC PARTNERS TO THAT LIST. AND BECAUSE THIS SOCIETY HAS NOT BEEN ENLIGHTENED ENOUGH TO PROVIDE WAYS IN WHICH PEOPLE CAN SPECIFICALLY DESIGNATE THEMSELVES AS DOMESTIC PARTNERS, WE USE A VARIETY OF WAYS OF ASCERTAINING WHETHER OR NOT SOMEONE IS A DOMESTIC PARTNER IN ORDER TO GIVE THOSE PEOPLE A WAY IN WHICH TO POINT TO SOMETHING THAT SAYS, THIS IS WHY I AM THE DOMESTIC PARTNER. THERE ARE NOT PEOPLE WHO ARE LINING UP TO SAY, YOU KNOW, HEY, YOU KNOW, I KNOW JOE. HE GOT KILLED. MAYBE I CAN GET SOME MONEY FROM THE VICTIMS COMPENSATION BOARD. THESE ARE PEOPLE WHO HAVE LOST SOMEBODY WHO WAS MEANINGFUL AND IMPORTANT TO THEM IN THEIR LIVES. SO I WOULD URGE ALL OF MY COLLEAGUES TO ENTER THE 21ST CENTURY WITH US AND VOTE IN THE AFFIRMATIVE. ACTING SPEAKER AUBRY: MRS. ARROYO. (PAUSE) ARE THERE -- READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH DAY. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD THE VOTE. 30 NYS ASSEMBLY APRIL 23, 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. A03936, CALENDAR NO. 299, PRETLOW, ABBATE, SEAWRIGHT. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO ELIGIBILITY TO RECEIVE AWARDS FROM THE CRIME VICTIMS BOARD. ACTING SPEAKER AUBRY: AN EXPLANATION IS REQUESTED, MR. PRETLOW. MR. PRETLOW: YES, MR. -- MR. GOODELL, I'LL GLADLY GIVE AN EXPLANATION. WHAT THIS BILL DOES IS IT AMENDS SECTION 631 OF THE EXECUTIVE LAW TO AUTHORIZE BOARDS -- BOARDS OF -- CRIME VICTIM -- CRIME VICTIMS BOARDS THE AUTHORITY TO INCREASE MONIES PAID OUT TO VICTIMS WITHOUT THE VICTIM HAVING TO PREPARE OR HAVE A POLICE REPORT. MR. GOODELL: WOULD THE SPONSOR YIELD? ACTING SPEAKER AUBRY: WILL YOU YIELD, MR. PRETLOW? MR. PRETLOW: ABSOLUTELY. ACTING SPEAKER AUBRY: MR. PRETLOW YIELDS. MR. GOODELL: THANK YOU, MR. PRETLOW. UNDER CURRENT LAW, FOR AN INDIVIDUAL -- INDIVIDUAL TO BE ELIGIBLE FOR A CRIME VICTIM COMPENSATION THEY MUST MAKE A REPORT -- IT SAYS "PROMPTLY" -- TO THE -- TO A LAW ENFORCEMENT AGENCY, CORRECT? MR. PRETLOW: YES. 31 NYS ASSEMBLY APRIL 23, 2018 MR. GOODELL: AND PROMPTLY IS DEFINED AS WITHIN ONE WEEK. THAT'S UNDER CURRENT LAW. MR. PRETLOW: YES. MR. GOODELL: WHY IS IT THAT CRIME VICTIMS, IN ORDER TO RECEIVE COMPENSATION UNDER CURRENT LAW, HAVE TO MAKE THE REPORT WITHIN ONE WEEK? MR. PRETLOW: WELL, THIS -- THIS PROPOSAL IS BASICALLY FOR VICTIMS OF RAPE, SEXUAL ASSAULT, CHILD ABUSE OR DOMESTIC VIOLENCE. AND PEOPLE THAT ARE SUBJECTED TO THOSE CRIMES GENERALLY HAVE A STIGMA ATTACHED TO THEM AND DON'T AUTOMATICALLY RUN TO THE POLICE AND MAKE REPORTS, BUT THEY ARE STILL VICTIMS OF CRIME. MR. GOODELL: BUT THE CURRENT BILL ALSO APPLIES TO VICTIMS OF ASSAULT AND BATTERY AND A NUMBER OF OTHER SERIOUS OFFENSES, WHICH MAY ACTUALLY LAND THEM IN A HOSPITAL, PRESUMABLY. MR. PRETLOW: YES. MR. GOODELL: YET THEY'RE STILL REQUIRED TO MAKE A POLICE REPORT WITHIN ONE WEEK. WHY DO WE WANT A ONE-WEEK STANDARD FOR EVERYONE ELSE? MR. PRETLOW: BECAUSE PEOPLE THAT HAVE BEEN SUBJECTED TO THE HORRIFIC CRIMES OF RAPE OR SEXUAL ABUSE SOMETIMES AREN'T IN A HURRY TO RUN TO THE POLICE AND REPORT IT. AS I SAID EARLIER, THERE'S A STIGMA ATTACHED TO IT THAT MANY INDIVIDUALS, MEN AND WOMEN WHO ARE VICTIMS OF THESE CRIMES, DON'T ADHERE TO GO INTO THE POLICE WITHIN A WEEK. SOMETIMES IT TAKES A YEAR. WITH THE RECENT CASES OF CHILD ABUSE, IT TOOK 20 YEARS FOR SOME OF THE VICTIMS TO COME FORWARD. 32 NYS ASSEMBLY APRIL 23, 2018 MR. GOODELL: SO IS IT THEN YOUR BELIEF THAT THIS BILL WOULD ALLOW SOMEONE TO APPLY FOR CRIME VICTIM COMPENSATION EVEN THOUGH THEY DIDN'T FILE A CLAIM FOR 20 YEARS LATER, AS THE EXAMPLE YOU USED? MR. PRETLOW: IF THEY DIDN'T FILE A POLICE REPORT, THEY STILL WOULD HAVE HAD SOME OTHER FORM OF OFFICIAL DOCUMENTATION, A SWORN AFFIDAVIT OR SOMETHING FROM A MANDATORY REPORTER, LIKE A SCHOOL TEACHER OR SOMETHING OF THAT NATURE. MR. GOODELL: BUT YOU INDICATED THAT A REASONABLE TIME FOR A CHILD VICTIM MIGHT BE AS LONG AS 20 YEARS? MR. PRETLOW: I JUST SAID IT HAS BEEN 20 YEARS WHERE CHILDREN OF ABUSE HAVEN'T COME FORWARD FOR 20 YEARS. MR. GOODELL: AND THIS, IF I'M CORRECT, ELIMINATES ANY REQUIREMENT FOR ANY POLICE REPORT OF ANY KIND. IS THAT CORRECT? MR. PRETLOW: YES. MR. GOODELL: THANK YOU. I -- I APPRECIATE YOUR COMMENTS, MR. PRETLOW. MR. PRETLOW: OKAY. MR. GOODELL: ON THE BILL. ACTING SPEAKER AUBRY: ON THE BILL, MR. GOODELL. MR. GOODELL: THERE ARE A NUMBER OF REASONS, GOOD REASONS, WHY WE WANT INDIVIDUALS WHO ARE SEEKING COMPENSATION FROM THE CRIME VICTIMS COMPENSATION BOARD TO MAKE A QUICK REPORT. THOSE REASONS INCLUDE THE FACT THAT WE WANT TO ENCOURAGE THEM TO 33 NYS ASSEMBLY APRIL 23, 2018 PROMPTLY FILE A POLICE REPORT SO THAT LAW ENFORCEMENT CAN PROMPTLY BEGIN AN INVESTIGATION. BECAUSE WE ALL KNOW THAT THE ABILITY OF LAW ENFORCEMENT TO CATCH A PERPETRATOR IS DRAMATICALLY ENHANCED IF THE REPORT IS MADE QUICKLY. AND THE LONGER WE DELAY MAKING A REPORT, THE MORE DIFFICULT IT IS FOR LAW ENFORCEMENT TO CATCH, STOP ANY FURTHER ABUSE AND PUNISH THE PERPETRATOR. SO WE, AS A SOCIETY, WANT QUICK REPORTS SO WE CAN STOP THE ABUSE, STOP THE CRIME FROM REOCCURRING, AND HAVE AN EFFECTIVE INVESTIGATION. THIS BILL SAYS YOU DON'T HAVE TO REPORT ANY CRIME RIGHT AWAY. IN FACT, YOU COULD WAIT YEARS TO REPORT THE CRIME. AND YOU DON'T HAVE TO REPORT THE CRIME TO ANY LAW ENFORCEMENT. ISN'T THAT SENDING THE WRONG MESSAGE? DON'T WE WANT TO HAVE FAST, EFFECTIVE CRIMINAL INVESTIGATIONS SO THAT WE CAN STOP THIS TYPE OF CRIMINAL BEHAVIOR? AND SO, MY FRIENDS, IF WE WANT FAST, EFFECTIVE CRIMINAL INVESTIGATIONS WHILE THE EVIDENCE IS FRESH, WHEN MEMORIES ARE CLEAR, WHEN THE EVIDENCE CAN BE GATHERED SO THAT WE CAN STOP THIS TYPE OF ABUSE, WE WANT TO ENCOURAGE TO REPORT QUICKLY AND NOT SAY IT'S OKAY TO NEVER, EVER REPORT IT AT ALL TO LAW ENFORCEMENT. AND THAT'S WHAT THIS BILL DOES. SO, WHILE I'M SYMPATHETIC TO VICTIMS, I WANT TO STOP THESE CRIMINALS AS QUICKLY AS WE CAN, AND THE CURRENT PROCESS ENCOURAGES FAST REPORTING AND THIS CHANGE ALLOWS REPORTS TO BE MADE YEARS LATER TO FAMILY COURT WITHOUT ANY CRIMINAL REFERRAL AT ALL. I DON'T THINK THAT'S THE RIGHT MESSAGE THAT WE, AS THE LEGISLATURE, WANT TO SEND, SO I WILL NOT BE SUPPORTING THIS. THANK YOU VERY MUCH, MR. SPEAKER, AND THANKS TO MY 34 NYS ASSEMBLY APRIL 23, 2018 COLLEAGUE FOR HIS COMMENTS. 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. MEMBERS HAVE ON THEIR DESKS AN A-CALENDAR. I NOW MOVE TO ADVANCE THE A-CALENDAR. ACTING SPEAKER AUBRY: ON MR. MORELLE'S MOTION, THE A-CALENDAR IS ADVANCED. MR. MORELLE. MR. MORELLE: YES, SIR. IF WE COULD TAKE UP THE FOLLOWING THREE BILLS IN THIS ORDER: BEGIN WITH CALENDAR NO. 322 ON PAGE 48 BY MS. SIMOTAS; FOLLOW THAT WITH CALENDAR NO. 496 BY MR. TITONE, WHICH IS ON PAGE 69 OF THE MAIN CALENDAR; AND THEN THE LAST BILL IN THIS GROUP WOULD BE RULES REPORT NO. 28, WHICH IS ON PAGE 3 OF THE A-CALENDAR. ACTING SPEAKER AUBRY: THE CLERK WILL READ. THE CLERK: ASSEMBLY NO. A04249-A, CALENDAR 35 NYS ASSEMBLY APRIL 23, 2018 NO. 322, SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN, DENDEKKER, BRINDISI, MORELLE, JAFFEE, PERRY, COOK, HOOPER, WEPRIN, SANTABARBARA, SKOUFIS, ROZIC, HEVESI, QUART, LIFTON, OTIS, SEPULVEDA, MOSLEY, HAWLEY, FAHY. AN ACT TO AMEND THE PENAL LAW, THE CRIMINAL PROCEDURE LAW, THE CORRECTION LAW, THE SOCIAL SERVICES LAW, THE VEHICLE AND TRAFFIC LAW, THE FAMILY COURT ACT, THE CIVIL RIGHTS LAW, THE CIVIL PRACTICE LAW AND RULES, THE AGRICULTURE AND MARKETS LAW, THE JUDICIARY LAW AND THE DOMESTIC RELATIONS LAW, IN RELATION TO SEX OFFENSES; AND TO REPEAL CERTAIN PROVISIONS OF THE PENAL LAW RELATING THERETO ACTING SPEAKER AUBRY: AN EXPLANATION IS REQUESTED, MS. SIMOTAS. MS. SIMOTAS: THIS PROPOSED LEGISLATION, KNOWN AS THE "RAPE IS RAPE" BILL, AMENDS THE PENAL CODE AND SEVERAL OTHER SECTIONS -- PROVISIONS OF THE LAW TO DO TWO THINGS: FIRST, IT AMENDS THE LAW TO REDEFINE RAPE TO INCLUDE FORCED SEXUAL INTERCOURSE AND FORCED ORAL AND FORCED ANAL SEX. SECOND, THE BILL CHANGES THE PENETRATION ELEMENT THAT IS CURRENTLY NEEDED TO PROVE RAPE TO A CONTACT STAN -- STANDARD. AS YOU MAY RECALL, SEVERAL YEARS AGO A TEACHER NAMED LYDIA CUOMO, WHO WAS FORCED AT GUNPOINT TO ENGAGE IN DIFFERENT TYPES OF SEXUAL ACTS, CAME TO ALBANY TO TELL HER STORY. THE CRIMINAL -- THE CRIMINAL WHO VIOLATED HER SO BRUTALLY WAS ACQUITTED OF RAPE, BUT WAS CONVICTED OF VARIOUS COUNTS OF CRIMINAL SEXUAL ACT, WHICH IS CURRENTLY DEFINED AS FORCED ORAL AND ANAL SEX. LYDIA CAME TO ALBANY AND SPOKE TO MANY OF US ABOUT HER EXPERIENCE AND BELIEF THAT WE NEED TO REDEFINE 36 NYS ASSEMBLY APRIL 23, 2018 RAPE IN NEW YORK TO INCLUDE ALL OF THESE CRIMES. SHE BELIEVES THAT CALLING RAPE WHAT IT IS WOULD HELP SURVIVORS BECAUSE IT WOULD VALIDATE THEIR EXPERIENCE AND TRAUMA. ALSO, WHEN YOU GROUP THESE CRIMES TOGETHER, THE INCONSISTENCIES IN THE LAW COMES TO LIGHT. CURRENTLY, TO PROVE RAPE IN NEW YORK, A PROSECUTOR NEEDS TO PROVE PENETRATION BETWEEN GENITALS. HOWEVER, TO PROVE CRIMINAL SEXUAL ACT OR FORCED ORAL OR ANAL SEX, A PROSECUTOR ONLY NEEDS TO PROVE CONTACT BETWEEN GENITALS AND A MOUTH OR ANUS. THIS CHANGE WOULD BRING OUR LAW UP-TO-DATE WITH 2012 CHANGES IN FEDERAL REPORTING STANDARDS. THE FBI CURRENTLY DEFINES ALL OF THESE ACTS AS RAPE, AND SO SHOULD NEW YORK. ACTING SPEAKER AUBRY: MR. RA. MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR YIELD? ACTING SPEAKER AUBRY: MS. SIMOTAS? MS. SIMOTAS: OF COURSE I YIELD. ACTING SPEAKER AUBRY: MS. SIMOTAS YIELDS. MR. RA: THANK YOU. I -- I THINK YOU -- YOU'RE AWARE OF WHAT I WAS GOING TO ASK ABOUT. AS WE'VE DONE THIS BILL IN THE PAST, THERE HAVE BEEN CONCERNS RAISED BY THE DISTRICT ATTORNEYS ASSOCIATION, IN PARTICULAR WITH REGARD TO THE ALONZO DECISION. BASICALLY, WE CURRENTLY HAVE, YOU KNOW, ACTS THAT ARE DEFINED AS DIFFERENT -- DEFINED UNDER DIFFERENT SECTIONS OF THE PENAL LAW. THIS WILL PUT THEM UNDER THE SAME SECTIONS AS THE PENAL LAW, AND I THINK WE ALL AGREE THAT, YOU KNOW, UNDER THE CIRCUMSTANCES WHICH LED RISE TO THIS BILL, IT'S APPROPRIATE THAT A RAPE BE -- BE CHARGED AND A CONVICTION OF RAPE BE 37 NYS ASSEMBLY APRIL 23, 2018 RETURNED AND THAT'S WHAT THIS IS DESIGNED TO, YOU KNOW, ALLOW TO HAPPEN. BUT THE CONCERN THAT THEY'RE RAISING UNDER THIS ALONZO CASE IS THAT IF IT'S ALL UNDER ONE SECTION OF THE PENAL LAW, THAT THE JUDGE MIGHT BE LESS INCLINED TO IMPOSE CONSECUTIVE SENTENCES. MS. SIMOTAS: I BELIEVE THAT THE CONCERNS ABOUT CONSECUTIVE SENTENCES ARE MISPLACED. AS THE LAW STANDS RIGHT NOW, SEX OFFENDERS ARE REGULARLY TRIED AND CONVICTED AND RECEIVE CONSECUTIVE SENTENCES UNDER THE CRIMINAL SEXUAL ACT STATUTE. THE CONVICTED SEX OFFENDER IN LYDIA'S CASE CERTAINLY RECEIVED CONSECUTIVE SENTENCES. ALL DISTRICT ATTORNEYS NEED TO DO IS MAKE SURE THEY BRING SPECIFIC PLEADINGS. AND SINCE YOU BRING UP THE ALONZO CASE, IT'S VERY IMPORTANT TO NOTE THAT THAT CASE WAS A GROPING CASE. IT WASN'T ABOUT SEXUAL ABUSE. AND THERE'S BEEN NO REPORTED CASES IN THE PAST FEW YEARS THAT HAS -- THAT HAVE APPLIED THE ALONZO CASE TO THE STATUTE THAT'S AT ISSUE HERE, THE CRIMINAL SEXUAL ACT STATUTE. SO, AGAIN, SO LONG AS DISTRICT ATTORNEYS DO BRING SPECIFIC PLEADINGS, I DON'T SEE THAT THAT'S AN ISSUE. THAT'S JUST A RED HERRING. MR. RA: OKAY. THANK YOU VERY MUCH. MR. SPEAKER, ON THE BILL. ACTING SPEAKER AUBRY: ON THE BILL, MR. RA. MR. RA: I -- I -- I THANK THE SPONSOR FOR BRINGING THIS BILL FORWARD AGAIN AND FOR -- FOR ANSWERING THE QUESTION. THIS IS -- THIS IS A SITUATION, OBVIOUSLY, AND IT'S GOTTEN PRETTY STRONG SUPPORT IN THE PAST, THIS BILL, THAT BASICALLY, AS THE SPONSOR SAID, THAT A RAPE IS A RAPE. AND UNDER THE CIRCUMSTANCES OF -- OF THE CASE THAT -- THAT WAS RAISED, 38 NYS ASSEMBLY APRIL 23, 2018 THE PERSON WOULD HAVE BEEN CONVICTED OF RAPE, BUT FOR THAT -- THAT DEFINITION THAT IS UNDER CURRENT LAW. SO, I -- I THINK THAT, YOU KNOW, IT'S IMPORTANT THAT WE DISCUSS ANY CONCERNS THAT COME BEFORE US WHEN -- WHEN WE'RE TALKING ABOUT CHANGING THE PENAL LAW, BUT AT THE SAME TIME, I THINK THAT THIS IS AN IMPORTANT PIECE OF LEGISLATION AND I'M GOING TO BE SUPPORTING IT. THANK YOU. ACTING SPEAKER AUBRY: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST, 2019. 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. A07034-A, CALENDAR NO. 496, TITONE, PAULIN, BARRETT, ORTIZ, GOTTFRIED, COLTON, MOSLEY, GALEF, HOOPER, JAFFEE, OTIS, PEOPLES-STOKES, STECK, M.G. MILLER, SEAWRIGHT. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO EMPLOYEE HUMAN TRAFFICKING RECOGNITION TRAINING IN GAMING FACILITIES. ACTING SPEAKER AUBRY: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY. ACTING SPEAKER AUBRY: THE CLERK WILL RECORD THE VOTE. 39 NYS ASSEMBLY APRIL 23, 2018 (THE CLERK RECORDED THE VOTE.) ACTING SPEAKER PICHARDO: ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS. (THE CLERK ANNOUNCED THE RESULTS.) THE BILL IS PASSED. THE CLERK: ASSEMBLY NO. A06834-B, RULES REPORT NO. 28, PAULIN, TITONE, HUNTER, RICHARDSON, DE LA ROSA, CRESPO, SIMON, JAFFEE, GALEF, D'URSO, BLAKE, MOSLEY, GOTTFRIED, ABBATE, ORTIZ, RIVERA, CROUCH, GIGLIO, MCDONOUGH, SEPULVEDA, QUART, BICHOTTE. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO HUMAN TRAFFICKING AWARENESS AND TRAINING FOR CERTAIN LODGING FACILITY EMPLOYEES. ACTING SPEAKER PICHARDO: READ THE LAST SECTION. THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH DAY. ACTING SPEAKER PICHARDO: 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, FOR THE OPPORTUNITY TO RISE AND EXPLAIN WHY I THINK -- WHY I VOTED FOR THIS BILL AND WHY I THINK IT'S CRITICALLY IMPORTANT. MR. SPEAKER, I KNOW THAT MOST OF US IN THIS ROOM UNDERSTAND THE SIGNIFICANCE OF HUMAN TRAFFICKING AND HOW FAST IT'S GROWING. HOW 40 NYS ASSEMBLY APRIL 23, 2018 CHILDREN ARE MISSING FROM COMMUNITIES, YOUNG GIRLS ARE MISSING FROM THEIR NEIGHBORHOODS. AND SO, I THINK THIS AND THE OTHER LEGISLATION WE PASSED EARLIER IS GOING TO A LONG WAY TOWARDS TURNING THAT AROUND. IT'S LIKE A $32 BILLION INDUSTRY, AND THAT'S A LOT OF MONEY FOR PEOPLE TO PURSUE AND -- AND VIOLATING AND USING THESE YOUNG PEOPLE AND YOUNG LADIES, AND EVEN YOUNG MEN IN THIS AREA, MR. SPEAKER. SO, I THINK IT'S IMPORTANT FOR US TO BEGIN TRAINING PEOPLE WHO WORK IN INDUSTRIES THAT MAY SEE THEM, AND MAY BE ABLE TO HELP THEM GET AWAY FROM THE PEOPLE WHO ARE -- HAVE THEM IN THIS HORRIBLE CONDITION WHERE THEY'RE BEING TRAFFICKED FOR THESE SEXUAL REASONS. SO, I REALLY DO WANT TO COMMEND THE SPEAKER FOR BRINGING THIS TO THE FLOOR, AND CERTAINLY TO COMMEND THE SPONSOR FOR PUTTING THIS LEGISLATION FORWARD, BECAUSE SOMETIMES THE MOST IMPORTANT THING WE CAN DO ABOUT ISSUES IS EDUCATE EVERYBODY; PEOPLE WHO DON'T UNDERSTAND WHAT'S GOING ON, AND MAKE IT CLEAR THAT EVERYBODY HAS A ROLE IN SAVING YOUNG PEOPLE, MEN AND WOMEN, FROM HUMAN TRAFFICKING. THANK YOU, MR. SPEAKER. ACTING SPEAKER PICHARDO: MRS. PEOPLES- STOKES IN THE AFFIRMATIVE. 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. AS I 41 NYS ASSEMBLY APRIL 23, 2018 INDICATED AT THE OUTSET OF THE DAY, THERE'S A MOTION TO DISCHARGE BY THE MINORITY. I UNDERSTAND IT'S -- MR. WALTER IS HANDLING THAT. IF WE COULD TAKE THAT UP AT THIS POINT, SIR. ACTING SPEAKER AUBRY: MR. WALTER TO OFFER A MOTION. MR. WALTER: THANK YOU, MR. SPEAKER. I MOVE TO DISCHARGE THE COMMITTEE ON WAYS AND MEANS FROM FURTHER CONSIDERATION OF ASSEMBLY BILL NO. A05423, SPONSORED BY MINORITY LEADER KOLB, FOR THE PURPOSE OF BRINGING THE SAME BEFORE THE HOUSE FOR ITS IMMEDIATE CONSIDERATION AND REQUEST PERMISSION TO EXPLAIN IT. ACTING SPEAKER AUBRY: THE MOTION IS IN ORDER. ON THE MOTION, MR. WALTER. MR. WALTER: THANK YOU, MR. SPEAKER. ACCORDING TO THE TAX FOUNDATION, NEW YORK STATE HAS THE SECOND- WORST BUSINESS TAX CLIMATE IN THE NATION. AND ACCORDING TO THE MOST RECENT UPSTATE NEW YORK BUSINESS LEADER SURVEY BY SIENA COLLEGE, 64 PERCENT OF UPSTATE BUSINESSES BELIEVE NEW YORK IS DOING A POOR JOB AT CREATING A BUSINESS CLIMATE IN WHICH COMPANIES CAN SUCCEED, A 9 PERCENT INCREASE FROM 2012. SIXTY-ONE PERCENT OF UPSTATE BUSINESS LISTED TAXATION AND GOVERNMENTAL REGULATION AS AREAS OF CONCERN. EIGHTY-THREE PERCENT OF UPSTATE BUSINESSES HAVE LITTLE TO NO CONFIDENCE THAT STATE GOVERNMENT WILL IMPROVE THE CLIMATE FOR BUSINESS OVER THE NEXT YEAR. WHEN ASKED TO CONSIDER ALL THE FACTORS THAT GO INTO LOCATING A BUSINESS IN NEW YORK, 56 PERCENT OF UPSTATE BUSINESSES SAID THEY 42 NYS ASSEMBLY APRIL 23, 2018 WOULD HAVE LOCATED SOMEWHERE ELSE IF THEY HAD TO DO IT ALL OVER AGAIN. HIGH TAXES COMBINED WITH ALBANY'S TOPDOWN APPROACH TO JOB CREATION AND NEW MANDATES SUCH AS RECENTLY-ENACTED $15 MINIMUM WAGE, HAVE MADE IT DIFFICULT TO START OR GROW A BUSINESS IN NEW YORK. NO OTHER GROUP OF EMPLOYERS IS MORE NEGATIVELY IMPACTED BY NEW YORK'S HARSH BUSINESS CLIMATE THAN SMALL BUSINESSES. A FEBRUARY REPORT BY THE EMPIRE STATE DEVELOPMENT POINTS OUT THAT 98 PERCENT OF NEW YORK BUSINESSES HAVE FEWER THAN 100 EMPLOYEES, AND OVER 40 PERCENT OF THE WORKFORCE IS EMPLOYED BY THESE FIRMS. THE SAME REPORT HIGHLIGHTS THAT SMALL BUSINESSES -- SMALL BUSINESS REVENUE GROWTH SLOWED OVER THE LAST YEAR, AND THERE WAS A DECREASE AMONG SMALL BUSINESSES THAT HIRED IN THE LAST 12 MONTHS. UNFORTUNATELY, EVEN AS WE KNOW THE DIFFICULTIES FACED BY SMALL BUSINESSES, THE RECENTLY-ENACTED BUDGET PROVIDES NO TAX OR REGULATORY RELIEF TO SMALL BUSINESSES WHATSOEVER. THIS LEGISLATION PROVIDES A COMPREHENSIVE APPROACH TO ASSIST SMALL BUSINESSES THAT WILL LOWER TAXES, CREATE A DIVISION OF REGULATORY REVIEW AND ECONOMIC GROWTH TO REDUCE JOB KILLING REGULATIONS, ALLOW SMALL BUSINESSES TO REMEDY RULE VIOLATIONS IN A TIMELY MANNER WITHOUT PENALTY, AND PROVIDE INCENTIVES TO HIRE OR RETAIN EMPLOYEES. THE SMALL BUSINESS FULL EMPLOYMENT ACT IS DESIGNED TO HELP OUR SMALL BUSINESSES REALIZE IMMEDIATE AND LONG-TERM SUCCESS. FOR THESE REASONS, I URGE MY COLLEAGUES TO VOTE YES ON THIS LEGISLATION. MR. SPEAKER, I MOVE THE MOTION. ACTING SPEAKER AUBRY: THANK YOU, SIR. 43 NYS ASSEMBLY APRIL 23, 2018 MEMBERS ARE REMINDED THAT THE MOTION BEFORE THE HOUSE IS A PROCEDURAL QUESTION, AND NOT -- NOT A VOTE ON THE MERITS OF THE BILL. ON MR. WALTER'S MOTION, THE CLERK WILL RECORD THE VOTE. (THE CLERK RECORDED THE VOTE.) ANNOUNCE THE RESULT. (THE CLERK ANNOUNCED THE RESULT.) THE MOTION IS LOST. MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. WHILE I DON'T -- I WOULD NOT ASK YOU TO CALL ON MR. OTIS THIS EVENING, I WOULD ASK YOU TO CALL ON MR. CROUCH FOR THE PURPOSES OF AN ANNOUNCEMENT. ACTING SPEAKER AUBRY: MR. CROUCH FOR THE PURPOSES OF AN ANNOUNCEMENT. MR. CROUCH: THANK YOU, MR. SPEAKER. THERE'LL BE AN IMMEDIATE REPUBLICAN MEMBERS-ONLY CONFERENCE IN THE PARLOR. ACTING SPEAKER AUBRY: REPUBLICAN MEMBERS-ONLY CONFERENCE IN THE PARLOR. MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. I UNDERSTAND YOU HAVE SOME RESOLUTIONS THAT WE COULD TAKE UP. ACTING SPEAKER AUBRY: CERTAINLY. WE WILL TAKE THEM UP WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED. 44 NYS ASSEMBLY APRIL 23, 2018 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 1026-1034 WERE UNANIMOUSLY ADOPTED.) MR. MORELLE. MR. MORELLE: THANK YOU, MR. SPEAKER. I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 2:00 P.M., TUESDAY APRIL 24TH. TOMORROW IS A SESSION DAY. ACTING SPEAKER AUBRY: THE ASSEMBLY WILL STAND ADJOURNED. (WHEREUPON, AT 5:02 P.M., THE HOUSE STOOD ADJOURNED UNTIL TUESDAY, APRIL 24TH AT 2:00 P.M., THAT BEING A SESSION DAY.) 45