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.)































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