WEDNESDAY, MAY 30, 2018 12:25 P.M.

SPEAKER HEASTIE: THE HOUSE WILL COME TO

ORDER.

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

SILENCE IN HONOR OF A MAN WHOSE LEGACY TOWERS OVER THIS HOUSE AS

MUCH AS HE PHYSICALLY TOWERED OVER SOME OF US WHEN HE WAS HERE, OUR

DEAR FRIEND AND COLLEAGUE, HERMAN "DENNY" FARRELL, WHOM WE LOST THIS

PAST WEEKEND. WHILE WE WILL HONOR HIM AND OTHER COLLEAGUES WHOM

WE HAVE LOST DURING OUR TRADITIONAL MEMORIAL LATER IN THE SESSION, IT IS

FITTING AT THIS TIME THAT WE TAKE THIS MOMENT AS A REMEMBRANCE OF HIS

DEDICATION TO PUBLIC SERVICE IN THIS HOUSE AND THE FRIENDSHIP HE SHARED

WITH US IN THIS CHAMBER. MAY DENNY REST IN PEACE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED -- THANK YOU. VISITORS ARE INVITED

NYS ASSEMBLY MAY 30, 2018

TO JOIN MEMBERS IN THE THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, SPEAKER HEASTIE LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MAY 29TH.

MR. GOTTFRIED: MR. SPEAKER?

SPEAKER HEASTIE: MR. GOTTFRIED.

MR. GOTTFRIED: MR. SPEAKER, I MOVE TO DISPENSE

WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MAY 29TH, AND ASK

THAT THE SAME STAND APPROVED.

SPEAKER HEASTIE: WITHOUT OBJECTION, SO

ORDERED.

MR. GOTTFRIED.

MR. GOTTFRIED: MR. SPEAKER, TODAY IN HISTORY, ON

THIS DAY IN 1868, THE FIRST "DECORATION DAY" WAS HELD. GENERAL JOHN

A. LOGAN, LEADER OF THE GRAND ARMY OF THE REPUBLIC, AN ORGANIZATION

OF NORTHERN CIVIL WAR VETERANS, CALLED FOR A NATIONWIDE DAY OF

REMEMBRANCE IN WHICH GRAVES OF UNION SOLDIERS WERE DECORATED WITH

FLOWERS. THIS DAY -- THIS DAY WOULD LATER BE -- BECOME KNOWN AS

"MEMORIAL DAY."

AND DID YOU KNOW THAT 2018 MARKS THE 60TH YEAR

SINCE THE "NIPPER THE DOG" STATUE WAS PLACED ATOP THE RADIO

CORPORATION OF AMERICA BUILDING HERE IN ALBANY? THE STATUE IS

LOCATED IN THE 108TH ASSEMBLY DISTRICT, WHICH IS REPRESENTED BY MR.

MCDONALD. NIPPER, WHO WAS A REAL DOG FROM ENGLAND, BECAME AN

NYS ASSEMBLY MAY 30, 2018

ADVERTISING ICON FOR MANY COMPANIES, INCLUDING THE BRITISH

GRAMOPHONE COMPANY AND JVC. HE APTLY GOT HIS NAME FOR HOW HE

WOULD NIP THE ANKLES OF VISITORS. MIGHT HAVE SOME USE FOR HIM HERE.

(LAUGHTER)

THE ALBANY VERSION OF NIPPER STANDS 28 FEET TALL AND

WEIGHS ROUGHLY FOUR TONS.

SO, MR. SPEAKER, MEMBERS HAVE ON THEIR DESKS A MAIN

CALENDAR AND A DEBATE LIST. AFTER ANY INTRODUCTIONS AND HOUSEKEEPING,

WE WILL CONTINUE OUR CONSENT FROM THE MAIN CALENDAR, BEGINNING ON

PAGE 89 WITH CALENDAR NO. 924. AND WE WILL ALSO BEGIN CONSENT OF

THE NEW BILLS ON THE CALENDAR, STARTING WITH CALENDAR NO. 941. WE

WILL ALSO WORK OFF THE DEBATE LIST, WHERE WE WILL BE -- WHERE WE WILL

TAKE UP OUR LEGISLATIVE DISABILITY AWARENESS DAY PACKAGE, LED BY

ASSEMBLYMEMBER SKOUFIS. IN ADDITION, WE WILL BE CALLING THE

FOLLOWING COMMITTEE MEETINGS DURING THE SESSION, AND COMMITTEE

MEMBERS SHOULD BE -- KEEP THEIR EARS ATTUNED FOR THESE

ANNOUNCEMENTS: THE COMMITTEES ON GOVERNMENT EMPLOYEES, WAYS

AND MEANS AND RULES. THESE MEETINGS WILL PRODUCE AN A-CALENDAR,

WHICH WE WILL TAKE UP TODAY. BUT WAIT, THERE'S MORE.

(LAUGHTER)

MEMBERS OF THE FOLLOWING COMMITTEES SHOULD

PREPARED TO MEET OFF THE FLOOR AS WELL: THE COMMITTEES ON AGING,

BANKS, CITIES, ECONOMIC DEVELOPMENT, ENERGY, INSURANCE, LABOR,

RACING AND WAGERING, SOCIAL SERVICES AND TOURISM.

SO, MR. SPEAKER, IF THERE ARE ANY INTRODUCTIONS OR

NYS ASSEMBLY MAY 30, 2018

HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: CERTAINLY. THANK

YOU, MR. GOTTFRIED. THERE IS A RUMOR, VICIOUS IT IS, THAT YOU AND NIPPER

ARE CONTEMPORARIES. BUT, NOT TRUE.

(LAUGHTER)

MR. GOTTFRIED: WELL... COULD BE.

ACTING SPEAKER AUBRY: COULD BE.

FOR THE PURPOSES OF AN INTRODUCTION, MR. GIGLIO.

MR. GIGLIO: THANK YOU, MR. SPEAKER. AS YOU

KNOW, I DON'T GET UP VERY OFTEN, AND I'M REALLY EXCITED WHEN PEOPLE

COME FROM MY HOME COUNTIES. BUT TODAY, I'M MORE THAN THAT BECAUSE

THE PEOPLE THAT HAVE COME HERE TO VISIT ME TODAY ARE FROM MY HOME.

SO, I WOULD LIKE TO INTRODUCE MY WIFE ANN, MY SON JOSEPH VINCENZO

-- DIFFERENT MIDDLE NAME THAN HIS DAD -- AND MY DAUGHTERS, CHRISTINA

ROSE AND ANNA MARIA. THIS IS THEIR FIRST TIME HERE SINCE THEY WERE SIX

YEARS OLD, THE GIRLS, AND MY SON, EIGHT. THEY DON'T GET TO COME VERY

OFTEN -- I DON'T THINK THEY REALLY WANTED TO -- BUT THEY'RE HERE. THE LAST

TIME THEY WERE HERE, MY HAIR WAS DARK BROWN, AND YOU COULD SEE IT'S

GRAY.

SO, FROM THERE, YOU CAN TAKE IT FROM EVERYWHERE YOU

WANT, BUT IF YOU WOULD EXPRESS ALL THE CORDIALITIES OF THE HOUSE, I

WOULD APPRECIATE IT. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GIGLIO, YOUR FATHER, YOUR HUSBAND, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME THIS EXTRAORDINARY FAMILY HERE TO THE NEW YORK

NYS ASSEMBLY MAY 30, 2018

STATE ASSEMBLY. AS FAMILY, YOU ARE ALWAYS ACCORDED THE PRIVILEGES OF

THE FLOOR. WE THANK YOU FOR SHARING YOUR -- YOUR DAD AND YOUR

HUSBAND WITH US ALL THESE YEARS. HE IS A PLEASURE TO SERVE WITH. I

KNOW YOU'RE VERY HAPPY THAT WE'RE COMING TO THE END OF SESSION SO HE

CAN BE HOME WITH YOU. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. ASHBY FOR THE PURPOSES OF AN INTRODUCTION.

MR. ASHBY: THANK YOU, MR. SPEAKER. CHUCK AND

DIANE PHIPPEN HAVE JUST COMPLETED THEIR 26TH YEAR OF HOME EDUCATING

THEIR CHILDREN IN NEW YORK STATE. THEY FACILITATE A HOME SCHOOL

COOPERATIVE IN HOOSICK FALLS THAT HAS ABOUT 110 STUDENTS PARTICIPATING

IN A WIDE VARIETY OF EXTRACURRICULAR ACTIVITIES. WITH FIVE CHILDREN OF

THEIR OWN STILL BEING EDUCATED AT HOME, THE PHIPPENS ARE QUITE

INTERESTED IN CONTINUING TO PROMOTE HOME SCHOOLING AS A VIABLE

EDUCATIONAL OPTION FOR THEIR FAMILIES. BECAUSE OF THIS PASSION, CHUCK

IS THE VICE PRESIDENT OF THE NEW YORK STATE LOVING EDUCATION AT

HOME. THIS IS A STATEWIDE ORGANIZATION THAT PROVIDES SUPPORT AND

INFORMATION TO FAMILIES INTERESTED IN HOME EDUCATION.

THEY'RE HERE TODAY AS REPRESENTATIVES OF THE HOME

SCHOOL COMMUNITY, AND I'M ASKING THAT YOU WOULD PROVIDE ALL THE

CORDIALITIES OF THE HOUSE TO THEM. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. ASHBY, MS. WOERNER, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS EXTRAORDINARY FAMILY AND THE ASSOCIATION HERE TO THE

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

NYS ASSEMBLY MAY 30, 2018

FLOOR. OUR BEST WISHES IN YOUR CONTINUED SUCCESS AT HOME SCHOOLING.

THANK YOU SO VERY MUCH FOR SHARING THIS TIME WITH US. HOPE THAT THIS

IS A GREAT TRIP TO ALBANY. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. MILLER.

MS. MILLER: THANK YOU, MR. SPEAKER. I RISE FOR AN

INTRODUCTION. I'M SO HAPPY TODAY TO INTRODUCE SOMEBODY VERY, VERY

SPECIAL TO MY FAMILY.

SANDRA, PLEASE RISE.

THIS IS SANDRA SANON, AND SHE'S A REGISTERED NURSE.

SHE TAKES EXQUISITE CARE OF OLIVER, AND HAS FOR THE PAST FIVE YEARS. I

CAN SAY WITH ABSOLUTE CERTAINTY THAT THERE ARE VERY FEW PEOPLE IN THIS

WORLD THAT ARE ABLE TO GIVE ME PEACE OF MIND, AND THIS WOMAN RIGHT

HERE IS ONE OF THOSE VERY FEW WHO CAN DO JUST THAT. THE TENDER LOVING

CARE THAT SHE PROVIDES TO OLIVER IS ABSOLUTELY IRREPLACEABLE. HE

ABSOLUTELY ADORES HER. WHEN YOU HAVE A CHILD LIKE OLIVER THAT RELIES

ON SKILLED NURSING CARE IN THE HOME, THE NURSES BECOME PART OF YOUR

FAMILY, AND THAT IS MOST DEFINITELY THE CASE WITH OLIVER -- I MEAN, WITH

WITH SANDRA.

SO, PLEASE WELCOME SANDRA TO THE CHAMBERS AS ONE OF

MY FAMILY, AND EXTEND TO HER ALL THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

MS. MILLER, THE SPEAKER AND ALL THE MEMBERS, SANDRA, WE WELCOME

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

PRIVILEGES OF THE FLOOR, AND OUR THANKS THROUGH, OF COURSE MS. MILLER,

NYS ASSEMBLY MAY 30, 2018

FOR THE WORK THAT YOU DO, AND ALL CAREGIVERS THAT DO AROUND THIS STATE.

YOU EXEMPLIFY THE BEST OF YOUR PROFESSION. THANK YOU SO VERY MUCH

FOR BEING HERE.

(APPLAUSE)

MR. MILLER.

MR. M. MILLER: THANK YOU, MR. SPEAKER. ON

BEHALF CATHY NOLAN AND MYSELF, I'D LIKE TO INTRODUCE BOB MONAHAN,

PRESIDENT OF THE GREATER RIDGEWOOD YOUTH COUNCIL; AND FRANK

MARRERO, DIRECTOR OF THE YOUTH COUNCIL. THE YOUTH COUNCIL WAS

STARTED 38 YEARS AGO BY CATHY NOLAN. SHE WAS THE FIRST CHAIRPERSON OF

THIS GREAT ORGANIZATION. TODAY, THEY'RE A -- A MEDIUM ORGANIZATION, A

$12-AND-A-HALF MILLION ORGANIZATION, 350 STAFF PEOPLE. THEY SERVE

3,500 CHILDREN A DAY. IN THE SUMMER, THEY EMPLOY 1,800 SUMMER

YOUTH EMPLOYMENT PEOPLE, AS WELL AS A 2,000-CHILD SUMMER CAMP.

THEY SERVE THE COMMUNITIES OF RIDGEWOOD AND GLENDALE, MIDDLE

VILLAGE, MASPETH, JAMAICA, WOODHAVEN, OZONE PARK, ROSEDALE,

ROCKAWAY, HOWARD BEACH, ELMHURST AND ASTORIA. AND IF YOU WOULD

PLEASE EXTEND THE CORDIALITIES OF THE HOUSE TO THEM.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MILLER, MS. NOLAN, THE SPEAKER AND ALL THE MEMBERS, WE

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

YOU THE PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE WORK OF THE GREAT

ORGANIZATION YOU ARE REPRESENTING. PLEASE CONTINUE THAT WORK. QUEENS

IS ALWAYS BETTER FOR IT. THANK YOU SO VERY MUCH.

NYS ASSEMBLY MAY 30, 2018

(APPLAUSE)

MR. LAVINE.

(PAUSE)

MS. SEAWRIGHT.

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

ALLOWING ME TO INTER -- INTERRUPT THE PROCEEDINGS FOR THE PURPOSE OF AN

INTRODUCTION. IT'S MY HONOR AND PLEASURE TO INTRODUCE SANDRA WILKIN,

THE FOUNDER AND PRESIDENT OF THE BRADFORD COMPANIES, WHO'S IN

ALBANY TODAY. SHE IS ALSO ON THE GOVERNOR'S MWBE TASK FORCE. SHE

WAS THE CO-FOUNDER OF THE WOMEN'S BUILDERS COUNCIL. SHE'S RECEIVED

NUMEROUS AWARDS. SHE ALSO SERVES AS A TRUSTEE OF THE CITY UNIVERSITY

OF NEW YORK.

I ASK THAT YOU PLEASE EXTEND TO HER THE COURTESIES OF

THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

PRIVILEGES OF THE FLOOR. CONGRATULATIONS ON WHAT A SUCCESSFUL CAREER

YOU HAVE. WE HAVE GREAT EXPECTATIONS FOR THINGS TO COME. THANK YOU

SO VERY MUCH, AND PLEASE ALWAYS COME BACK AND VISIT US.

(APPLAUSE)

MS. SEAWRIGHT FOR A SECOND.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. IT'S

MY PRIVILEGE TO INTRODUCE DR. RENEE SACKS, PRESIDENT AND CEO OF

SACKS COMMUNICATION, AND THE FIRM'S CHIEF OPPORTUNITY CREATOR. SHE

NYS ASSEMBLY MAY 30, 2018

ALSO SERVES AS THE EXECUTIVE DIRECTOR OF THE WOMEN'S BUILDERS

COUNCIL. SHE'S DEVOTED HER TIME AND ENERGIES TO ADVANCING THE CAUSE

OF WOMEN IN THE CONSTRUCTION TRADES, AND I ASK THAT YOU PLEASE EXTEND

TO HER THE COURTESIES OF HOUSE.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. AGAIN, ON

BEHALF OF MS. SEAWRIGHT, THE SPEAKER AND ALL THE MEMBERS, WE

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

THE PRIVILEGES OF THE FLOOR. AND CONGRATULATIONS ON YOUR SUCCESSFUL

CAREER AND THE GREAT WORK YOU'RE DOING TO ENSURE THAT WE HAVE A

DIVERSE AND REPRESENTATIVE DEMOCRACY AND BUSINESS COMMUNITY.

THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. GOTTFRIED FOR AN INTRODUCTION.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER. IT IS A

GREAT PLEASURE AND HONOR TO INTRODUCE TO US HERE TODAY DR. HAVID�N

RODR�GUEZ, WHO IS THE 20TH PRESIDENT OF THE UNIVERSITY AT ALBANY -- AN

INSTITUTION THAT I STILL LIKE TO CALL "SUNY ALBANY" -- AN EDUCATOR OF

GREAT DISTINCTION AND LONG EXPERIENCE, AND I ASK THAT YOU GIVE HIM OUR

WARMEST WELCOME AND THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOTTFRIED AND MRS. ARROYO, THE SPEAKER AND ALL THE MEMBERS,

WELCOME, SIR. WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY. WE CERTAINLY EXTEND TO YOU THE PRIVILEGES OF THE FLOOR,

HOPE THAT YOU ARE OFTEN A VISITOR, AND TELL YOU THAT WE HAVE FOR YEARS

NYS ASSEMBLY MAY 30, 2018

ENJOYED MANY OF YOUR STUDENTS HERE IN THE ASSEMBLY AS A PART OF OUR

INTERNSHIP PROGRAM, AND THE FINE WORK THAT THAT INSTITUTION HAS DONE IN

EDUCATING THOSE YOUNG PEOPLE. THANK YOU SO MUCH. CONTINUE THAT

TRADITION. THANK YOU.

(APPLAUSE)

MR. CYMBROWITZ.

MR. CYMBROWITZ: THANK YOU, MR. SPEAKER.

TODAY I HAVE THE PLEASURE OF INTRODUCING THE SOCIETY OF

NEUROINTERVENTIONAL SURGERY TO THE NEW YORK STATE ASSEMBLY. THERE

ARE SIX DOCTORS HERE FROM ALL OVER NEW YORK STATE WHO ARE HERE TO

HELP US RAISE AWARENESS ABOUT EMERGENT LARGE VESSEL OCCLUSIONS, OR

ELVO STROKES, AND THE MEDICAL ADVANCES THAT HAVE BEEN MADE TO

EFFECTIVELY TREAT THESE SEVERE STROKES. THE DOCTORS WHO ARE PRESENT ARE

DR. MOCCO, DR. ADNAN SIDDIQUI, DR. PHILIP MEYERS, DR. ATHOS

PATSALIDES, DR. JOHANNA FIFI AND DR. JEFFREY FARKAS, WHO WAS ONE OF

THE TWO DOCTORS WHO SAVED MY LIFE IN 2005 WHEN I HAD A STROKE. THEY

ARE JOINED BY MARIE WILLIAMS, EXECUTIVE DIRECTOR OF -- OF THE SOCIETY

OF NEUROINTERVENTIONAL SURGERY. I'D LIKE TO THANK ALL OF THEM FOR

COMING TO ALBANY AND DOING THEIR PART TO ENSURE THE NEW YORK STATE

ELVO STROKE PATIENTS ARE RECEIVING THE BEST CARE POSSIBLE IN NEW

YORK STATE.

SO, MR. SPEAKER, IF YOU CAN WELCOME THEM AND GIVE

THEM ALL THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CYMBROWITZ, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

NYS ASSEMBLY MAY 30, 2018

THESE DISTINGUISHED DOCTORS HERE TO THE NEW YORK STATE ASSEMBLY,

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU VERY MUCH FOR THE

WORK THAT YOU'VE DONE ON OUR COLLEAGUE. WE TREASURE HIM GREATLY. WE

HOPE THAT YOU UNDERSTAND HOW MUCH WE APPRECIATE BOTH THE WORK THAT

YOU DO AND EXPANDING KNOWLEDGE IN THIS STATE ABOUT THE CONDITION OF

STROKES. THANK YOU SO VERY MUCH, AND WELCOME.

(APPLAUSE)

HOUSEKEEPING.

ON A MOTION BY MR. ZEBROWSKI, PAGE 88, CALENDAR

NO. 914-A, BILL NO. A.7516-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON ON A MOTION BY MS. TITUS, PAGE 39, CALENDAR NO.

341, BILL NO. A.4829, AMENDMENTS ARE RECEIVED AND ADOPTED.

AT THE REQUEST OF THE SPONSOR OF THE BILL, MR. RYAN,

THE FOLLOWING BILLS ARE COMMITTED BACK AS FOLLOWING: CALENDAR NO.

220, BILL NO. A.2776, BACK TO THE COMMITTEE ON JUDICIARY.

AND NOW, MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER. WE

WILL NOW PROCEED TO PAGE 3 OF THE MAIN CALENDAR AND TAKE UP

RESOLUTIONS.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 1237, MR.

CYMBROWITZ.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2018 AS EMERGENT LARGE VESSEL

OCCLUSION (ELVO) STROKE AWARENESS MONTH IN THE STATE OF NEW

NYS ASSEMBLY MAY 30, 2018

YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 1238, MR.

TITONE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 21-27, 2018 AS ARTS EDUCATION

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

INTERNATIONAL ARTS EDUCATION WEEK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 1239, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 28TH, 2018 AS MENSTRUAL HYGIENE

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

THE FIFTH ANNUAL INTERNATIONAL MENSTRUAL HYGIENE DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 1240, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

NYS ASSEMBLY MAY 30, 2018

ANDREW M. CUOMO TO PROCLAIM MAY 30TH, 2018 AS MOTHER'S EQUAL

PAY DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 1241, MS. MILLER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER OF 2018 AS COCKAYNE

SYNDROME AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. MILLER ON THE

RESOLUTION.

MS. MILLER: THANK YOU, MR. SPEAKER. THANK YOU

FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION. AS YOU KNOW, RAISING

AWARENESS ABOUT COCKAYNE SYNDROME IS A PERSONAL ISSUE FOR ME, AS I

WALKED AROUND LAST WEEK AND ASKED ALL OF YOU TO SIGN ON TO THIS.

COCKAYNE SYNDROME, OTHERWISE KNOWN AS CS, IS A GENETIC

NEURODEGENERATIVE DISEASE. IT'S A DEFECT IN THE DNA REPAIR MECHANISM

THAT WE ALL NEED TO REPAIR OUR CELLS. IN CS, CHILDREN ARE MISSING AN

ENZYME THAT IS NECESSARY TO REPAIR CELLS, AND SO THE CELLS ULTIMATELY DIE

WITHOUT THAT ENZYME. AND THEY AGE RAPIDLY AND PREMATURELY. THERE IS

NO CURE. WHEN MY DAUGHTER MELANIE WAS DIAGNOSED ABOUT

22-AND-A-HALF YEARS AGO, THERE WERE NO TREATMENT OPTIONS EVEN

AVAILABLE. IT'S AN ORPHAN DISEASE, WHICH MEANS THEY DON'T -- THEY'RE NOT

EVEN REALLY STUDYING OR RESEARCHING FOR A CURE. THERE'S NOT EVEN ANY

RESEARCH BEING DONE TOWARDS GENE THERAPY. THESE KIDS ARE THE

NYS ASSEMBLY MAY 30, 2018

HAPPIEST, MOST SOCIAL AND LOVING LITTLE BABES YOU WILL EVER MEET, AND

THEY DESERVE A CHANCE. MY MELANIE NEVER GOT ONE. BUT I'M DOING

WHAT I CAN IN HER HONOR TO TRY AND RAISE AWARENESS AND BRING ABOUT THE

RESEARCH THAT'S NEEDED TO TRY AND FIND A CURE.

IN THE BACK, I HAVE MY CLOSEST FRIEND, MARIA, HERE

WITH HER SON JAKE. I MET MARIA ABOUT TEN YEARS AGO WHILE WE WERE

BOTH FUNDRAISING FOR COCKAYNE SYNDROME TO TRY AND RAISE AWARENESS

AND GET SOME RESEARCH. MARIA HAS TWO CHILDREN WITH THIS DISEASE.

SADLY, HER DAUGHTER SAMANTHA PASSED AWAY TWO YEARS AGO. MARIA IS AN

UNBELIEVABLE ADVOCATE FOR HER KIDS. FOR ALL KIDS, IN FACT. SHE ASKS THE

CRITICAL QUESTIONS, SHE PUSHES FOR ANSWERS, SHE TRAVELS NEAR AND FAR, AND

REACHES OUT TO OTHER PARENTS, ALL IN AN ATTEMPT TO RAISE THE DESPERATELY-

NEEDED AWARENESS TO GENERATE ENOUGH INTEREST ON THE PART OF

RESEARCHERS TO STUDY THIS ORPHAN DISEASE. COCKAYNE SYNDROME IS

RUTHLESS AND RELENTLESS, AND INEVITABLY TAKES ALL OF OUR KIDS. I'VE

WATCHED MARIA GO TO COMPLETE STRANGERS' HOSPITAL ROOMS TO GIVE A

FAMILY SUPPORT AS THEY WERE FACING THAT INEVITABLE. SHE'S PRETTY

INCREDIBLE. BUT IF I HAVE TO GUESS, I'D SAY THAT SHE GETS A LOT OF THAT

STRENGTH AND INSPIRATION FROM HER SAM AND HER JAKE, JUST LIKE I GOT

MINE FROM MELANIE, AND NOW FROM OLIVER. THESE KIDS HAVE SOMETHING

MAGICAL AND SPECIAL ABOUT THEM. THEY ARE OLD SOULS. THEY'RE VERY

SMALL IN SIZE, BUT HUGE IN HAPPINESS AND LOVE AND AFFECTION. THEY ARE

WONDERFUL TEACHERS ABOUT WHAT IS TRULY IMPORTANT IN LIFE. PLEASE GO SAY

HI TO JAKE AND MARIA. MEET THIS GUY. HE IS WORTH SAYING "HELLO" TO.

AND PLEASE EXTEND TO THEM ALL THE CORDIALITIES OF THE HOUSE. THANK

NYS ASSEMBLY MAY 30, 2018

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

(APPLAUSE)

AND ALSO, MARIA, WE -- ON BEHALF OF MS. MILLER, THE

SPEAKER AND ALL THE MEMBERS, WE EXTEND TO YOU AND YOUR FAMILY THE

CORDIALITIES AND THE PRIVILEGES OF THE FLOOR. THANK YOU SO VERY MUCH

FOR THE WORK THAT YOU DO TO HELP OTHERS, EVEN AS YOU STRUGGLE WITH THIS

PROBLEM YOURSELF. WE ADMIRE YOU, WE WILL ALWAYS BE WITH YOU.

THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 1250, MR.

SKOUFIS.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM WEDNESDAY, MAY 30TH, 2018 AS THE

NEW YORK STATE ASSEMBLY LEGISLATIVE DISABILITIES AWARENESS DAY.

ACTING SPEAKER AUBRY: MR. SKOUFIS ON THE

RESOLUTION.

MR. SKOUFIS: THANK YOU, MR. SPEAKER. I JUST

WANT TO TAKE A MOMENT AND ACKNOWLEDGE THAT TODAY IS THE 38TH ANNUAL

LEGISLATIVE DISABILITIES AWARENESS DAY. AND AS CHAIR OF THE TASK

FORCE ON PEOPLE WITH DISABILITIES HERE IN THE ASSEMBLY, I'M PROUD TO

CO-HOST THIS DAY ALONG WITH ASSEMBLYWOMAN GUNTHER, AS WELL AS

NYS ASSEMBLY MAY 30, 2018

ASSEMBLYWOMAN MILLER, WHO JUST SPOKE PASSIONATELY. AND I WANT TO

JUST POINT OUT THAT THIS RESOLUTION IS GOING TO BE FOLLOWED BY A

LEGISLATIVE PACKAGE OF 11 BILLS THAT WILL HONOR THE AWARENESS DAY AND

SHOW OUR COMMITMENT TO THE DISABILITY COMMUNITY, AND MOVE US

FURTHER AND FORWARD ON SO MANY ISSUES THAT ARE IMPORTANT TO THAT

COMMUNITY IN BRINGING EQUALITY AND ACCESSIBILITY AND DIGNITY TO NEW

YORK STATE.

SO, I JUST WANTED TO ACKNOWLEDGE MY APPRECIATION FOR

ALL THE ADVOCATES AND THE MEMBERS OF THE COMMUNITY WHO CAME UP

TODAY, WHO ARE CURRENTLY IN THE WELL, AND MANY OF THEM WILL BE

JOINING US AS WE PASS THE FORTHCOMING PACKAGE. I KNOW THAT MY

COLLEAGUE, ASSEMBLYWOMAN FAHY, WILL BE INTRODUCING A CONSTITUENT OF

HERS WHO IS THE RECIPIENT OF THE REAL HIGH HONOR OF THIS YEAR'S VISCARDI

AWARD. SO, I'LL DEFER TO HER ON MAKING THOSE REMARKS.

BUT OTHERWISE, I WANT THANK YOU, MR. SPEAKER, FOR

AFFORDING ME THE TIME TO INTERRUPT THE PROCEEDINGS AND THANK MY

COLLEAGUES WHO ARE SUPPORTIVE ON THIS DAY. THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

MR. GOTTFRIED.

MR. GOTTFRIED: OKAY. MR. SPEAKER, WE WILL

NOW PROCEED TO THE MAIN CALENDAR, PAGE 89, STARTING CONSENT ON

CALENDAR NO. 924.

ACTING SPEAKER AUBRY: THE CLERK WILL READ

NYS ASSEMBLY MAY 30, 2018

THE CLERK: ASSEMBLY NO. A09609, CALENDAR NO.

924, LAVINE, GALEF, BUCHWALD, LUPARDO, L. ROSENTHAL, FAHY,

ENGLEBRIGHT, ABINANTI, STIRPE, LIFTON, DINOWITZ, BLAKE, ZEBROWSKI,

SIMON, BRINDISI, JAFFEE, SKOUFIS, COLTON, WALKER. AN ACT TO AMEND THE

ELECTION LAW, IN RELATION TO VOTER PREREGISTRATION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09786, CALENDAR NO.

925, DAVILA, AUBRY, GOTTFRIED, SIMON, BARRON, ARROYO, TAYLOR, LAVINE,

ORTIZ, CAHILL, O'DONNELL, SEAWRIGHT, PICHARDO, MOSLEY, PERRY, RIVERA,

JAFFEE, QUART, DICKENS, MCDONOUGH, BLAKE, WALKER, PELLEGRINO,

WRIGHT. AN ACT TO AMEND CRIMINAL PROCEDURE LAW, IN RELATION TO

ALLOWING A COURT TO WAIVE CERTAIN SURCHARGES AND FEES; AND TO REPEAL

CERTAIN PROVISIONS OF THE PENAL LAW RELATING THERETO.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09857, CALENDAR NO.

926, GALEF. AN ACT TO AMEND THE TAX LAW, IN RELATION TO AUTHORIZING A

GIFT FOR SUBSTANCE USE DISORDER EDUCATION AND RECOVERY ON PERSONAL

INCOME TAX RETURNS; TO AMEND THE STATE FINANCE LAW, IN RELATION TO

ESTABLISHING THE SUBSTANCE USE DISORDER EDUCATION AND RECOVERY

FUND; AND TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO PROVIDING

GRANTS FOR SUBSTANCE USE DISORDER EDUCATION AND RECOVERY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY MAY 30, 2018

(THE CLERK RECORDED THE VOTE.)

MR. GOTTFRIED.

MR. GOTTFRIED: MR. SPEAKER, JUST TO REMIND

MEMBERS WHO ARE IN THE CHAMBER, OR NEARBY AND WHO CAN HEAR MY

VOICE, THIS IS OUR FIRST VOTE OF THE DAY, AND AS SOON AS WE CAN GET

EVERYONE IN TO THE CHAMBER RECORDED, WE WILL BE ABLE TO MOVE THAT

MUCH MORE EXPEDITIOUSLY FOR THE REST OF THE DAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS. PLEASE COME TO THE CHAMBER AND VOTE. IF YOU ARE IN YOUR

SEATS, VOTE NOW SO THAT WE MAY HAVE AN EXPEDITIOUS DAY.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOTTFRIED.

MR. GOTTFRIED: MR. SPEAKER, THERE WILL BE AN

IMMEDIATE MEETING OF THE COMMITTEE ON GOVERNMENT EMPLOYEES.

CHAIRMAN ABBATE IS ON HIS WAY TO THE MEETING. IF THE MEMBERS OF THE

COMMITTEE COULD PLEASE JOIN HIM AS EXPEDITIOUSLY AS POSSIBLE. THANK

YOU.

ACTING SPEAKER AUBRY: COMMITTEE ON

GOVERNMENT EMPLOYEES, SPEAKER'S CONFERENCE ROOM. PLEASE PROCEED

THERE IMMEDIATELY.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09890, CALENDAR NO.

927, BYRNE. AN ACT TO AMEND THE TOWN LAW AND THE PUBLIC OFFICERS

NYS ASSEMBLY MAY 30, 2018

LAW, IN RELATION TO THE RESIDENCY REQUIREMENT FOR THE COURT ATTENDANT

FOR THE TOWN OF SOMERS, IN THE COUNTY OF WESTCHESTER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER.

GOVERNMENT EMPLOYEES HAVING ZIPPED THROUGH THEIR AGENDA, WE ARE

NOW READY TO CALL AN IMMEDIATE MEETING OF THE COMMITTEE ON WAYS

AND MEANS IN THE SPEAKER'S CONFERENCE ROOM. IF THE MEMBERS COULD

PLEASE JOIN MS. WEINSTEIN AS QUICKLY AS POSSIBLE, WE WOULD ALL

APPRECIATE IT.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10044-A, CALENDAR

NO. 928, OAKS. AN ACT TO AMEND THE TOWN LAW AND THE PUBLIC

OFFICERS LAW.

ACTING SPEAKER AUBRY: (BANGING GAVEL) WE

CAN'T HEAR THE BILLS BEING CALLED, LADIES AND GENTLEMEN.

NYS ASSEMBLY MAY 30, 2018

PROCEED, MS. -- MADAM CLERK.

THE CLERK: ASSEMBLY NO. 10044-A, CALENDAR NO.

928, OAKS. AN ACT TO AMEND THE TOWN LAW AND THE PUBLIC OFFICERS

LAW, IN RELATION TO THE RESIDENCY REQUIREMENT FOR THE COURT CLERK FOR

THE TOWN OF SODUS, IN THE COUNTY OF WAYNE.

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.)

ACTING SPEAKER PICHARDO: 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. LET ME

TAKE A MOMENT OUT OF OUR TIME TO INTRODUCE SOME VERY IMPORTANT

GUESTS WHO ARE HERE, GUESTS OF MS. JAFFEE. AND MANY PEOPLE MAY NOTE

THAT MAY IS FOSTER CARE AWARENESS MONTH, AND WE HAVE A NUMBER OF

DISTINGUISHED INDIVIDUALS IN THE CHAMBER TODAY WHO HAVE WORKED IN

THE -- IN THE IMPORTANT FIELD OF FOSTER CARE. IF I CAN, I'D LIKE TO

ACKNOWLEDGE MARIAMA TOE, WHO IS A FOSTER YOUTH FROM NEW YORK

CITY AND IS CURRENTLY A SENIOR AT BUFFALO STATE UNIVERSITY. WE'RE ALSO

JOINED BY ANTHONY BUTLER AND --

(APPLAUSE)

NYS ASSEMBLY MAY 30, 2018

-- AND ANTHONY -- JOINED BY ANTHONY BUTLER AND

NICHOLAS ROSARIO, WHO ARE HERE WITH SIDNEY WEST FROM SHELTERING

ARMS, A FOSTER CARE AGENCY IN NEW YORK CITY. WE'RE OBVIOUSLY VERY

GRATEFUL TO --

(APPLAUSE)

-- THESE OUTSTANDING INDIVIDUALS FOR THE GREAT WORK

THAT THEY DO. AND AS I SAID, MS. JAFFEE IS HAPPY TO HAVE THEM IN THE

CHAMBERS. IF YOU COULD PLEASE EXTEND ALL THE CORDIALITIES OF THE HOUSE

TO THESE FINE INDIVIDUALS.

ACTING SPEAKER PICHARDO: CERTAINLY, MR.

MORELLE. ON BEHALF OF MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS,

WE WELCOME THESE DISTINGUISHED GUESTS TO THE NEW YORK ASSEMBLY,

WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU ENJOY

TODAY'S PROCEEDINGS ON THE GOINGS-ONS OF THE PEOPLE'S HOUSE. BUT

MORE IMPORTANTLY, THANK YOU FOR THE WORK THAT YOU DO FOR FAMILIES

ACROSS THE STATE. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10131, CALENDAR NO.

929, ENGLEBRIGHT. AN ACT TO AUTHORIZE CHABAD OF STONY BROOK, INC. TO

FILE AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES FOR A CERTAIN

PARCEL OF LAND IN THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

ALLOWING A BRIEF INTERRUPTION TO GIVE ME A MOMENT TO INTRODUCE SPECIAL

GUESTS OF MR. CUSICK. WE HAVE, AS -- AS FOLKS NO DOUBT KNOW, TODAY IS

DISABILITY AWARENESS DAY, AND MR. CUSICK HAS FOR A NUMBER OF YEARS

SPONSORED A DISABILITY AWARENESS POSTER -- DAY POSTER CONTEST. AND

WE HAVE A NUMBER OF DISTINGUISHED YOUNG FIFTH GRADERS WHO HAVE

TRAVELED WITH THEIR FAMILIES HERE FROM STATEN ISLAND TO RECEIVE AWARDS

FOR THEIR THOUGHTFUL AND CREATIVE POSTERS. AND I WANTED TO JUST TAKE A

MOMENT, MR. SPEAKER, TO ACKNOWLEDGE THESE BUDDING ARTISTS AND THANK

THEM FOR THEIR GOOD WORK. AND LET ME -- LET ME TRY TO -- TO

ACKNOWLEDGE THEM. FIRST OF ALL, WE HAVE JAYDEN BALATUCAN FROM ST.

CHRISTOPHER'S SCHOOL. WE HAVE A NUMBER OF STUDENTS FROM OUR LADY

OF GOOD COUNSEL, INCLUDING MICHAEL TISI, SCARLETT SERDAROS, CHIARA

SELFRIDGE, EMMA KOKKINAKIS, NICO VITAGLIANO, STAR PAPAS, JAYLA RAE

DITRINGO AND LILY AHLBORN. WE HAVE FROM PS 6 SARA PUKALA. AND

FROM NOTRE DAME ACADEMY, MADISON HOERLE. AND WE'RE DELIGHTED TO

HAVE THEM HERE. WE THANK THEM FOR THEIR GOOD WORK, AND THANK THEIR

PARENTS FOR -- FOR THEIR WORK AND FOR BEING HERE TODAY.

NYS ASSEMBLY MAY 30, 2018

IF YOU COULD PLEASE EXTEND ALL THE PRIVILEGES OF THE

HOUSE TO THIS FINE GROUP.

ACTING SPEAKER PICHARDO: OF COURSE, MR.

MORELLE. ON BEHALF OF MR. CUSICK, THE SPEAKER AND ALL THE MEMBERS,

WE WELCOME YOU TO THE NEW YORK ASSEMBLY. WE EXTEND TO YOU ALL

THE PRIVILEGES OF THE FLOOR. WE LOVE TO SEE THE FUTURE OF NEW YORK JOIN

US AND WATCH THE PROCEEDINGS. WE WANT TO THANK THE TEACHERS, THE

PARENTS IN BRINGING THESE YOUNG WONDERFUL BRIGHT FACES AND HELPING

BRIGHTEN UP THE DAY HERE IN THE NEW YORK STATE ASSEMBLY. WE

APPRECIATE YOU COMING UP HERE, AND AGAIN, WE HOPE THAT YOU ENJOY THE

PROCEEDINGS THIS AFTERNOON. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10137-A, CALENDAR

NO. 930, WALKER, LENTOL, ROZIC, RYAN, SEAWRIGHT, TAYLOR, TITUS,

PERRY, ABINANTI, WEPRIN, PEOPLES-STOKES. AN ACT TO AMEND THE

CRIMINAL PROCEDURE LAW, IN RELATION TO THE ISSUANCE OF SECURING ORDERS

AND IN RELATION TO MAKING CONFORMING CHANGES.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A10160, CALENDAR NO.

931, PHEFFER AMATO, SEAWRIGHT. AN ACT TO AMEND THE UNIFORM

COMMERCIAL CODE AND THE GENERAL BUSINESS LAW, IN RELATION TO

PROHIBITING AUTO LENDERS FROM REMOTELY DISABLING A VEHICLE WITHOUT

FIRST GIVING NOTICE OF THE DISABLING TO THE BORROWER.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A10220-A, CALENDAR

NO. 932, ENGLEBRIGHT. AN ACT TO AMEND THE BUSINESS CORPORATION LAW

AND THE LIMITED LIABILITY COMPANY LAW, IN RELATION TO THE

INCORPORATION OF CERTAIN BUSINESSES FOR THE PURPOSE OF PRACTICING

PROFESSIONAL GEOLOGY.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

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

SPEAKER'S CONFERENCE ROOM. MEMBERS OF RULES COMMITTEE, JOIN THE

SPEAKER IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER PICHARDO: MEMBERS OF THE

RULES COMMITTEE, SPEAKER'S CONFERENCE ROOM. THE SPEAKER IS

AWAITING YOUR PRESENCE.

THE CLERK WILL READ.

NYS ASSEMBLY MAY 30, 2018

THE CLERK: ASSEMBLY NO. A10232, CALENDAR NO.

933, JEAN-PIERRE, PERRY, TAYLOR, SEAWRIGHT. AN ACT TO AMEND THE

BANKING LAW, IN RELATION TO INCLUDING LOW-INCOME CREDIT UNIONS IN THE

BANKING DEVELOPMENT DISTRICT PROGRAM.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A10236, CALENDAR NO.

934, ORTIZ. AN ACT TO AMEND CHAPTER 890 OF THE LAWS OF 1982,

RELATING TO THE ESTABLISHMENT OF CERTAIN WATER CHARGES FOR HOSPITALS AND

CHARITIES IN NEW YORK CITY, IN RELATION TO EXTENDING THE EFFECTIVENESS

OF SUCH CHAPTER FOR TWO ADDITIONAL YEARS.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: 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. 10319-A, CALENDAR NO.

935, SOLAGES, D'URSO, DICKENS, RAMOS, SIMON, BARRON, MCDONOUGH,

ERRIGO, LAWRENCE, LAVINE, GALEF. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

REQUIRING EACH INDUSTRIAL DEVELOPMENT AGENCY TO LIVE STREAM ALL OPEN

NYS ASSEMBLY MAY 30, 2018

MEETINGS AND PUBLIC HEARINGS AND MAKE THE RECORDINGS OF SUCH

MEETINGS AND HEARINGS AVAILABLE ON THE WEBPAGE OF THE INDUSTRIAL

DEVELOPMENT AGENCY.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A10336-A, CALENDAR

NO. 936, PAULIN, COOK, MONTESANO, BARRON, GUNTHER, JAFFEE,

MAGNARELLI, RIVERA, ERRIGO, GALEF. AN ACT TO AMEND THE NOT-FOR-PROFIT

CORPORATION LAW, IN RELATION TO REQUIRING THAT NO CORPORATION HAVE A

MEMBERSHIP OF FEWER THAN THREE PERSONS.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: 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. MORELLE.

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

LUPARDO HAS INDICATED THAT SHE'S READY FOR A COMMITTEE ON AGING, SO,

MEMBERS OF THAT COMMITTEE, IF YOU'D MAKE YOUR WAY TO THE SPEAKER'S

CONFERENCE ROOM.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: AGING COMMITTEE,

SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10355, CALENDAR NO.

937, JOYNER. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION

TO URBAN DEVELOPMENT ACTION AREAS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

ALLOWING A BRIEF INTERRUPTION SO I CAN INTRODUCE A VERY, VERY

DISTINGUISHED NEW YORKER, A MEMBER OF OUR EXTENDED FAMILY. WE'RE

ALWAYS EXCITED TO HAVE OUR FAMILY MEMBERS COME AND VISIT, SINCE WE

DO GET TO SPEND A FAIR AMOUNT OF TIME HERE IN ALBANY. AND IN

PARTICULAR, MS. WEINSTEIN'S MOM, ZEVA WEINSTEIN, IS HERE IN THE

CHAMBERS, AND HASN'T BEEN HERE IN A COUPLE OF YEARS, SO WE'RE ALWAYS

DELIGHTED TO HAVE HER BACK AND TO OBSERVE THE PROCEEDINGS. AND IF YOU

WOULD PLEASE EXTEND A VERY CORDIAL AND A VERY WARM WELCOME TO MRS.

WEINSTEIN.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR DAUGHTER, THE SPEAKER AND ALL THE MEMBERS, MRS. WEINSTEIN,

WE ARE SO PLEASED TO HAVE YOU HERE. AS FAMILY, YOU ALWAYS ARE

EXTENDED THE PRIVILEGES OF THE FLOOR. WE'RE HAPPY TO HAVE YOU, WANT TO

SEE YOU MORE OFTEN, AND SEE HOW HAPPY YOU MAKE YOUR DAUGHTER WHEN

YOU VISIT HER AT WORK. THANK YOU SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10360, CALENDAR NO.

938, WEPRIN. AN ACT TO AMEND THE CORRECTION LAW AND THE PENAL LAW,

IN RELATION TO ESTABLISHING MERIT TIME ALLOWANCE CREDITS AND CERTAIN

ADMINISTRATIVE PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10361, CALENDAR NO.

939, JONES. AN ACT TO AMEND CHAPTER 138 OF THE LAWS OF 1998

AMENDING THE NAVIGATION LAW AND THE STATE FINANCE LAW RELATING TO

THE OPERATION OF PERSONAL WATERCRAFT AND SPECIALTY PROP-CRAFT, IN

RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. RAIA TO EXPLAIN HIS VOTE.

MR. RAIA: THANK YOU, MR. -- MR. SPEAKER. I -- I

NYS ASSEMBLY MAY 30, 2018

RISE IN SUPPORT OF THIS LEGISLATION. AS YOU KNOW, SOME -- A LONG TIME

AGO, 20 YEARS AGO OR SO, WE MADE A -- A REQUIREMENT THAT YOU HAVE A

LICENSE -- A BOATING LICENSE -- BOATING SAFETY CERTIFICATE TO RIDE A JET SKI.

ANYBODY, ANY AGE, THAT BUYS A JET SKI NEEDS TO HAVE THAT BOATING SAFETY

COURSE. I'D LIKE TO POINT OUT THAT YOU DO NOT NEED A BOATING SAFETY

COURSE TO DRIVE ANY SIZE BOAT. SO IT WOULD SEEM TO ME THAT IF WE'RE

GOING TO BE EXTENDING THIS PIECE OF LEGISLATION, WHICH I THINK IS A GREAT

IDEA, MAYBE WE SHOULD BE REQUIRING PEOPLE THAT HAVE NO SKILLS

WHATSOEVER, IF THEY'RE GOING TO BUY A 40-FOOT BOAT, MAYBE THEY SHOULD

TAKE A BOATING SAFETY COURSE FIRST.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. RAIA 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. I'D LIKE

TO ASK MEMBERS OF THE BANKS COMMITTEE TO JOIN MR. ZEBROWSKI IN THE

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

ROOM.

ACTING SPEAKER AUBRY: BANKS, SPEAKER'S

CONFERENCE ROOM, IMMEDIATELY.

MR. RA FOR AN INTRODUCTION.

MR. RA: THANK YOU, MR. SPEAKER. I HAVE THE

NYS ASSEMBLY MAY 30, 2018

PRIVILEGE OF INTRODUCING A NUMBER OF GUESTS THAT WE HAVE IN THE

CHAMBER --

(ACTING SPEAKER AUBRY TAPPING ON MIC FOR QUIET.)

THANK YOU -- WHO ARE -- WHO ARE HERE WITH THE NEW

YORK STATE LIONS, AND IN PARTICULAR, WORKING WITH THE LEND AN EAR

FOUNDATION TO IMPROVE THE QUALITY OF LIFE OF THOSE SUFFERING FROM

HEARING LOSS. WE HAVE A NUMBER OF PEOPLE HERE ON BEHALF OF MYSELF,

MS. SOLAGES, MR. SMITH, MR. GARBARINO, MR. MURRAY AND MR.

FITZPATRICK. JOINING US IN THE CHAMBER IS THERESA WHALEN, WHO IS THE

DISTRICT GOVERNOR-ELECT OF DISTRICT 20K; DEBBIE MAY FORT, WHO IS THE

LEGISLATIVE LIAISON, HERE WITH HER FAMILY, FROM THE LEND AN EAR

FOUNDATION; JANET MAHABIR, WHO'S THE CHAIR OF THE LEND AN EAR

FOUNDATION; JOHN MCDONALD, WHO'S THE DISTRICT GOVERNOR FOR THE

CAPITAL REGION; RICK BRISEE, WHO'S THE PRESIDENT OF THE HEARING

SOCIETY OF NEW YORK STATE; AND JAMES CONKLIN, WHO'S THE DISTRICT

GOVERNOR-ELECT FOR SUFFOLK COUNTY; AND THEN WE ALSO HAVE GARY

BROWN FROM THE INTERNATIONAL LIONS; AND ED STANO, WHO'S THE PAST

DISTRICT GOVERNOR FROM THE CAPITAL REGION. THIS FOUNDATION IS

PROMOTING, YOU KNOW, THOSE SUFFERING FROM HEARING LOSS, AND

ADVOCATING ON THEIR BEHALF. AND SOMETHING THAT MY COLLEAGUES MAY,

YOU KNOW, APPRECIATE -- I KNOW MR. MORELLE WILL IN TERMS OF HISTORY --

MAY 29TH, WHICH WAS OBVIOUSLY JUST YESTERDAY, IS THE ANNIVERSARY OF

WHEN THE FIRST PATENT WAS ISSUED FOR A HEARING AID DEVICE. SO, WE HAVE

IN THE PAST, AND WILL AGAIN THIS YEAR, BE PASSING A RESOLUTION FOR AN

AWARENESS DAY IN RECOGNITION OF THAT. IF YOU CAN RECOGNIZE THESE FOLKS

NYS ASSEMBLY MAY 30, 2018

WHO ARE JOINING US TODAY AND EXTEND TO THEM THE CORDIALITIES OF THE

HOUSE, I'D APPRECIATE IT. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. RA, MS. SOLAGES, MR. SMITH, MR. GARBARINO, MR. MURRAY, MR.

FITZPATRICK, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

DISTINGUISHED GROUP OF NEW YORK LIONS HERE TO THE NEW YORK STATE

ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, COMMEND

YOU ON YOUR WORK ON HELPING THOSE WHO ARE IN NEED OF ASSISTANCE IN --

WITH HEARING ISSUES. PLEASE KNOW THAT YOU'RE ALWAYS WELCOME HERE,

AND WE HOPE THAT YOUR EFFORTS CONTINUE AND YOU ARE SUCCESSFUL. THANK

YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10506-A, CALENDAR

NO. 940, ENGLEBRIGHT. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, IN RELATION TO THE TAKING OF MENHADEN; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

2020.

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.)

NYS ASSEMBLY MAY 30, 2018

THE BILL IS PASSED.

MR. MORELLE.

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

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

SPEAKER'S CONFERENCE ROOM. MR. BENEDETTO IS PREPARED TO CONDUCT

CITIES IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: CITIES COMMITTEE IN

THE SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

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

ALLOWING A BRIEF INTERRUPTION. AS -- AS ALL OF OUR COLLEAGUES ARE NO

DOUBT AWARE, TODAY IS LEGISLATIVE DISABILITIES AWARENESS DAY. AND

BEFORE WE GO TO THE SERIES OF BILLS THAT CONSTITUTE OUR PACKAGE ON -- ON

THIS IMPORTANT TOPIC, I DO WANT TO ACKNOWLEDGE A VERY, VERY IMPORTANT

GUEST IN THE CHAMBER OF MR. -- OF MS. FAHY AND MR. SKOUFIS, AN

INDIVIDUAL WHO HAS BEEN A LEADER IN THE DISABILITY COMMUNITY IN NEW

YORK FOR -- FOR MANY, MANY YEARS. JUST AS FOR CONTEXT, 14 YEARS AGO

THERE WAS CREATED AN ANNUAL ADVOCACY AWARD IN THE NAME OF DR. HENRY

VISCARDI, JR., WHO WAS A WELL-KNOWN ADVOCATE OF -- ON BEHALF OF

PEOPLE WITH DISABILITIES AND FOUNDER OF AN INSTITUTE THAT BEARS HIS NAME.

HE WAS A LONG-TIME ADVISOR TO PRESIDENTS, FROM FRANKLIN ROOSEVELT TO

JIMMY CARTER, AND UPON HIS DEATH, WE CREATED THIS AWARD. AND THIS

YEAR, I'M PRIVILEGED TO INTRODUCE, AS I SAID, A GUEST OF MS. FAHY AND

MR. SKOUFIS, THE INDIVIDUAL WHO WON THE HENRY VISCARDI, JR.

ADVOCACY AWARD THIS YEAR. IT'S THE 14TH ANNUAL, AND THAT'S JOHN

NYS ASSEMBLY MAY 30, 2018

ROBINSON, CEO OF OUR ABILITY INCORPORATED. JOHN IS IN THE CHAMBER

THIS MORNING. HE'S SERVED IN THAT CAPACITY SINCE 2011, AND THAT

ORGANIZATION, OUR ABILITY, PROVIDES INCLUSIVE WORKFORCE AND

EMPLOYMENT, COUNSELING, MENTORING WORKSHOPS, KEYNOTES AND

SEMINARS ON DISABILITY AND DIVERSITY. HE'S THE EXECUTIVE DIRECTOR, AS

WELL, OF THE NEW YORK BUSINESS LEADERSHIP NETWORK, AND BUILDS

COALITIONS AMONG NEW YORK BUSINESSES INTERESTED IN BOTH HIRING AND

BUILDING SUPPLIER DIVERSITY OF BUSINESSES OWNED BY INDIVIDUALS WITH

DISABILITIES. IN 2008 OF THIS -- OR 2000 -- I'M SORRY. IN MARCH OF THIS

YEAR, 2018, JOHN ROBINSON WAS AWARDED THE CAPITAL REGION CHAMBER

CHAMPION OF THE YEAR IN FRONT OF A THOUSAND NEW YORK BUSINESS

LEADERS. HE HAS ACCEPTED ONE OF TEN NATIONAL WHITE HOUSE CHAMPIONS

OF CHANGE FOR DISABILITY EMPLOYMENT IN 2014 IN WASHINGTON, AND

JOHN HAS ALSO BEEN THE SUBJECT OF GET OFF YOUR KNEES: THE JOHN

ROBINSON STORY, WHICH WAS A PUBLIC TELEVISION DOCUMENTARY, AND AS

WELL AS AN AUTOBIOGRAPHY, GET OFF YOUR KNEES: A STORY OF FAITH,

COURAGE AND DETERMINATION, WHICH WAS PUBLISHED IN 2009.

HE IS A MOST DESERVING AWARD WINNER, AND WE COULD

NOT BE MORE GRATEFUL FOR HIM FOR HIS LONG SERVICE, AND WANT TO CERTAINLY

ACKNOWLEDGE HIS MANY, MANY ACCOMPLISHMENTS, THANK HIM FOR BEING

HERE TODAY TO OBSERVE OUR LEGISLATIVE PROCEEDINGS. AND IF YOU COULD

PLEASE EXTEND THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. FAHY, THE SPEAKER AND ALL THE MEMBERS, MR. ROBINSON, WE

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

NYS ASSEMBLY MAY 30, 2018

YOU BOTH THE PRIVILEGES OF THE FLOOR, OUR CONGRATULATIONS ON THIS AWARD,

AND OUR AWE FOR WHAT AN EXTRAORDINARY CAREER YOU HAVE HAD ALREADY.

AND WE LOOK FORWARD TO MORE IN THE FUTURE AS YOU CONTINUE THE GREAT

WORK THAT YOU DO. THANK YOU SO VERY MUCH. WE ARE ALL SO VERY

GRATEFUL.

(APPLAUSE)

MR. MORELLE.

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

INDICATED, WE HAVE AN 11-BILL PACKAGE TO MARK LEGISLATIVE DISABILITIES

AWARENESS DAY, AND I'D LIKE TO BEGIN WITH THE FOLLOWING THREE BILLS, TO

BEGIN: STARTING WITH CALENDAR NO. 203 BY MS. LIFTON, WHICH IS ON

PAGE 28 OF THE MAIN CALENDAR. FOLLOW THAT WITH CALENDAR NO. 243 BY

MR. HEVESI, WHICH IS ON PAGE 31. AND IN THIS GROUPING, THEN GO TO

PAGE 35 AND WE'LL TAKE UP CALENDAR NO. 382 BY MR. WEPRIN.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02546, CALENDAR NO.

203, LIFTON, TITUS, CAHILL, COOK, DINOWITZ, GOTTFRIED, ORTIZ, PAULIN,

RIVERA, BENEDETTO, ENGLEBRIGHT, CUSICK, COLTON, BRONSON, PERRY,

SIMON, MOSLEY, SEAWRIGHT, STECK, SKOUFIS. AN ACT TO AMEND CIVIL

RIGHTS LAW, IN RELATION TO WAIVING THE STATE'S SOVEREIGN IMMUNITY TO

CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990, THE FAIR

LABOR STANDARDS ACT OF 1938, THE AGE DISCRIMINATION IN EMPLOYMENT

ACT OF 1967, AND THE FAMILY AND MEDICAL LEAVE ACT.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

NYS ASSEMBLY MAY 30, 2018

SPEAKER. ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I THINK IT'S A -- A GOOD IDEA, AND I

COMMEND THE SPONSOR, THAT THE STATE OF NEW YORK WAIVE ITS SOVEREIGN

IMMUNITY AS IT RELATES TO COMPLIANCE WITH THE AMERICANS WITH

DISABILITIES ACT, BECAUSE I THINK WE SHOULD LEAD BY EXAMPLE. MY

CONCERN WITH THIS BILL --

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

GOODELL.

WOULD WE BREAK UP ALL THESE CONVERSATIONS IN THE

BACK, PLEASE? MEMBERS TAKE THEIR SEATS. STAFF, HAVE A SEAT OR REMOVE

YOURSELF FROM THE CHAMBER.

(PAUSE)

PROCEED, PLEASE.

MR. GOODELL: THANK YOU, MR. SPEAKER. I -- AS I

WAS MENTIONING, I APPRECIATE THE SPONSOR'S DESIRE TO LIFT THE SOVEREIGN

IMMUNITY THAT APPLIES TO THE STATE OF NEW YORK AND ITS MUNICIPALITIES

AS IT RELATES TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,

AND I THINK THAT'S THE RIGHT WAY TO GO, BECAUSE I THINK THE STATE SHOULD

LEAD BY EXAMPLE. I DO HAVE A CONCERN ON THE DRAFTING OF THE LANGUAGE,

AND I HOPE THAT THIS IS ADDRESSED NEXT YEAR. THIS BILL STATES THAT IT

WOULD BE EFFECTIVE RETROACTIVELY TO FEBRUARY 21ST, 2001, MORE THAN 17

YEARS AGO. I WOULD POINT OUT THAT THE CIVIL PRACTICE LAW AND RULES,

SECTION 213, PROVIDES FOR A SIX-YEAR STATUTE OF LIMITATIONS FOR ANY CIVIL

ACTION. IT'S NOT A GOOD IDEA, IN MY OPINION, FROM A DRAFTING

NYS ASSEMBLY MAY 30, 2018

PERSPECTIVE, IF THE BILLS CREATE CONFUSION AS TO WHETHER OR NOT THERE IS

AN UNLIMITED STATUTE OF LIMITATIONS, OR WHETHER IT FALLS WITHIN THE

SIX-YEAR STATUTE OF LIMITATIONS. MY BELIEF IS THAT THE SIX-YEAR STATUTE OF

LIMITATIONS WOULD APPLY. SO EVEN THOUGH WE'RE MAKING THIS RETROACTIVE

IN TERMS OF ITS APPLICABILITY IN TERMS OF AUTHORIZING LAWSUITS, THOSE

LAWSUITS WOULD HAVE TO BE BROUGHT WITHIN SIX YEARS OF THE ALLEGED

PROBLEM IN ORDER TO BE ACTIONABLE. AND THAT'S IMPORTANT NOT JUST FOR US,

BUT ALL THE LOCAL MUNICIPALITIES, BECAUSE IF THERE IS A PROBLEM WITH

ADA COMPLIANCE AT A TIME WHEN THE STATE AND MUNICIPALITIES WERE

EXEMPT FROM LIABILITY UNDER SOVEREIGN IMMUNITY, AND THAT PROBLEM HAS

BEEN FIXED, IT'S INAPPROPRIATE TO AUTHORIZE CIVIL LAWSUITS GOING BACK

NEARLY TWO DECADES.

BECAUSE I THINK THE CPLR APPLIES AND THE SIX-YEAR

STATUTE OF LIMITATIONS APPLIES, I WILL BE SUPPORTING THIS BECAUSE I

CERTAINLY SUPPORT THE CONCEPT. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. RAIA.

MR. RAIA: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MS. LIFTON, WILL YOU

YIELD?

MS. LIFTON: I'LL BE HAPPY TO YIELD, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. -- THE SPONSOR

YIELDS.

MR. RAIA: THANKS, BARBARA. I GUESS I PROBABLY

SHOULD HAVE ASKED FOR --

NYS ASSEMBLY MAY 30, 2018

MS. LIFTON: AND --

MR. RAIA: -- AN EXPLANATION BUT --

MS. LIFTON: AND, MR RAIA, IF I CAN JUST SAY, MY -- I

WAS TOLD THEY WEREN'T GOING TO DEBATE THE BILL TODAY, SO MY -- I DON'T

HAVE THE BILL IN FRONT OF ME, BUT I'LL DO MY BEST AND --

MR. RAIA: WELL, WE'RE BOTH FLYING --

MS. LIFTON: -- AND IT MAY APPEAR ANY MOMENT, SO

MR. RAIA: WE'RE BOTH FLYING BLIND, SO --

MS. LIFTON: GREAT.

MR. RAIA: -- IT'S A -- I WASN'T EVEN GOING TO ASK A

QUESTION, BUT WHEN I SAW THAT IT GOES RETROACTIVE, IT'S -- IT'S A QUESTION.

I INHERITED MY OFFICE FROM MY PREDECESSOR, AND IT'S ABOUT THE LEAST

HANDICAPPED-ACCESSIBLE OFFICE ON THE PLANET, AND -- AND WHEN I'VE GONE

TO TRY AND GET A -- A NEW OFFICE, I'VE BEEN TOLD BY THE POWERS THAT BE

THAT, NO, YOUR OFFICE IS FINE. IT PREDATES THE ADA. YOU DON'T HAVE TO

MOVE. SO, I GUESS MY QUESTION IS, DO I HAVE TO FIND A NEW OFFICE IF WE

PASS THIS? BECAUSE I HAVE A REALLY NICE VIEW OF THE WATER.

MS. LIFTON: THE -- THE LEGISLATURE IS PART OF STATE

GOVERNMENT, AND THIS BILL WOULD WAIVE THE STATE'S SOVEREIGN IMMUNITY,

AS THE SUPREME COURT SAID THE STATES COULD DO. THEY MADE THAT VERY

CLEAR IN THEIR DECISION IN 1991. SEVERAL OTHER STATES, NORTH CAROLINA,

ILLINOIS --

MR. RAIA: I'M -- I'M WITH YOU. I --

MS. LIFTON: -- HAVE -- HAVE WAIVED THE STATE'S

NYS ASSEMBLY MAY 30, 2018

SOVEREIGN IMMUNITY. SO, IT DOES APPLY -- IT WOULD APPLY TO STATE

GOVERNMENT, AND -- AND WE'RE PART OF STATE GOVERNMENT, SO WE WOULD

BE -- ALL OF THE USUAL THINGS UNDER ADA OF ACCOMMODATION WOULD BE

REQUIRED OF US.

MR. RAIA: I -- AGAIN, MAYBE YOUR LEARNED COUNSEL

CAN -- CAN COME OVER AND HAVE A CONVERSATION WITH ME. I'M GOING TO

SUPPORT IT. I JUST WANT TO KNOW FOR PURELY SELFISH REASONS WHETHER I

NEED TO SHOP FOR A NEW OFFICE IF THIS BECOMES LAW.

MS. LIFTON: WELL -- WELL, IT'S SOMETHING WE'D HAVE

TO DEAL WITH AS -- AS A BODY --

MR. RAIA: OKAY.

MS. LIFTON: -- TO MAKE SURE THAT WE ALL COULD DO

PROPER ACCOMMODATIONS FOR OUR STAFF.

MR. RAIA: AGAIN, MAYBE THEY CAN COME OVER AND

HAVE A CONVERSATION WITH ME, WE CAN DRILL DOWN A LITTLE BIT. THANK

YOU.

MS. LIFTON: HELP -- HELP US FIND A -- A SENATE

SPONSOR, MR. RAIA AND -- AND WE'LL MOVE ALONG ON THIS.

MR. RAIA: SAY NO MORE.

MS. LIFTON: THANK YOU.

MR. RAIA: BYE.

ACTING SPEAKER AUBRY: MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I WANT

TO COMMEND THE SPONSOR OF THIS LEGISLATION. I THINK IT IS IMPORTANT THAT

WE EXTEND TO PEOPLE WITH SPECIAL NEEDS EVERY POSSIBLE RIGHT AND EVERY

NYS ASSEMBLY MAY 30, 2018

POSSIBLE ASSISTANCE THAT WE COULD POSSIBLY GIVE TO THEM. TODAY, THE

ASSEMBLY HAS PROVIDED US WITH AN OPPORTUNITY TO SAY TO ALL NEW

YORKERS THAT WE SHOULD BE AWARE OF OUR FELLOW CITIZENS WHO FACE SOME

CHALLENGES THAT THE REST OF US DON'T FACE. SO, NOT ONLY DO I WANT TO

COMMEND THE SPONSOR, I ALSO WANT US TO COMMEND THE SPEAKER AND THE

LEADERSHIP OF THE ASSEMBLY FOR CALLING ATTENTION TO DISABILITIES IN THE

STATE OF NEW YORK.

AS I LOOK AT THE POLICIES OF THE STATE OF NEW YORK AND

WHY I SEE THIS BILL IS IMPORTANT, I'M QUITE CONCERNED THAT WE REALLY

DON'T LIVE UP TO THE PROMISE. PEOPLE WITH SPECIAL NEEDS JUST WANT TO FIT

IN, TO BE ABLE TO EXERCISE ALL OF THEIR ABILITIES. TO HAVE PEOPLE

EMPHASIZE THEIR ABILITIES, NOT THEIR DISABILITIES. THEY WANT APPROPRIATE

EDUCATION. THEY WANT AN OPPORTUNITY TO GET A JOB. THEY WANT AN

OPPORTUNITY TO LIVE IN THE COMMUNITY AND HAVE AFFORDABLE HOUSING.

THEY WANT AN OPPORTUNITY TO ACCESS APPROPRIATE HEALTH CARE. MOST OF

ALL, MR. SPEAKER, THEY WANT AN OPPORTUNITY TO LEAD FULFILLING LIVES, TO BE

TREATED WITH DIGNITY AND RESPECT, AND AS I SAID BEFORE, TO FIT INTO OUR

COMMUNITY. THEY DON'T APPRECIATE THOSE WHO DEMEAN THEM. THEY

DON'T APPRECIATE THOSE WHO MAKE JOKES AT THEIR EXPENSE. THE FAMILIES

OF PEOPLE WITH DISABILITIES IN THIS STATE WORK REALLY HARD TO MAKE SURE

THAT THEIR FAMILY MEMBERS CAN LIVE PRODUCTIVE LIVES. THEY DON'T

APPRECIATE COMMENTS BY PUBLIC OFFICIALS WHO MAKE LIGHT OF

DISABILITIES. AND THOSE COMMENTS, WHETHER MEANT IN A HUMOROUS

SITUATION OR NOT, UNDERMINE THE EFFORT OF PARENTS AND FAMILY MEMBERS

WHO, DAY IN AND DAY OUT, TIRELESSLY WORK TO ENSURE THAT THEIR FAMILY

NYS ASSEMBLY MAY 30, 2018

MEMBERS ARE UNDERSTOOD AND ACCEPTED IN THE COMMUNITY. SO, WE

WOULD HOPE -- PEOPLE IN THE DISABILITY COMMUNITY WOULD HOPE THAT

THOSE WHO MAKE AND EXECUTE PUBLIC POLICY WOULD BE SENSITIVE TO THE

NEEDS OF OUR MOST VULNERABLE, AND WORK TO FOSTER TOLERANCE, RESPECT

AND DIGNITY FOR ALL PEOPLE.

SO, I ONCE AGAIN COMMEND THE SPONSOR OF THIS

LEGISLATION AND THE LEADERSHIP OF THE ASSEMBLY, BECAUSE I THINK THIS

PIECE OF LEGISLATION SYMBOLIZES WHAT PEOPLE WITH DISABILITIES, PEOPLE

WITH SPECIAL NEEDS IN THIS COMMUNITY, REALLY WANT. 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.

(THE CLERK RECORDED THE VOTE.)

MR. RIVERA TO EXPLAIN HIS VOTE.

MR. RIVERA: THANK YOU, MR. SPEAKER. MY NIECE,

MARISOL, IS ONE OF THOSE CHILD WITH SPECIAL NEEDS. THE DOCTOR HAD TOLD

MY SISTER SHE WOULD NOT LIVE TO SEE THE AGE OF 20. TODAY, SHE'S

CELEBRATING HER 40TH BIRTHDAY. WHY? BECAUSE OF THE LOVE OF HER

MOTHER AND -- AND THOSE ORGANIZATIONS IN THE BRONX AND IN THE CITY AND

THIS STATE THAT WE, AS A BODY, HAVE CONTRIBUTED TO CREATE.

SO, THANK YOU VERY MUCH FOR GIVING ME THE

OPPORTUNITY TO SAY HOW I FEEL ON A DAY LIKE TODAY, AND I'M VOTING YES.

THANK YOU.

ACTING SPEAKER AUBRY: MR. RIVERA IN THE

NYS ASSEMBLY MAY 30, 2018

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. -- MR. SPEAKER.

MEMBERS OF THE ENERGY COMMITTEE, I'D LIKE TO ASK THEM TO MAKE THEIR

WAY TO THE SPEAKER'S CONFERENCE ROOM. MR. CUSICK IS READY FOR THE

COMMITTEE ON ENERGY.

ACTING SPEAKER AUBRY: ENERGY COMMITTEE,

SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03045, CALENDAR NO.

243, HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY. AN ACT TO AMEND

THE SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING FACTORS TO BE

CONSIDERED WHEN A HEALTH CARE PRACTITIONER UPON EXAMINATION HAS A

DIFFERENT OPINION FROM AN APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S

OPINION AS TO AN APPLICANT'S DISABILITY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. HEVESI.

MR. HEVESI: YEAH, THANK YOU, MR. SPEAKER. GOOD

AFTERNOON, MY COLLEAGUES. I APOLOGIZE THAT I'M GOING TO HAVE TO GO A

LITTLE BIT LONGER ON THIS EXPLANATION THAN I NORMALLY WOULD LIKE TO. THIS

BILL IS A LITTLE BIT NUANCED. BUT WE HAVE SEEN IT BEFORE. IN 1996, THE

FEDERAL GOVERNMENT PASSED WELFARE REFORM, "CLINTON WELFARE

NYS ASSEMBLY MAY 30, 2018

REFORM," AS MANY OF YOU ARE MORE FAMILIAR WITH IT. ONE OF THE PIECES

OF CLINTON WELFARE REFORM WAS, IN ORDER TO RECEIVE PUBLIC ASSISTANCE,

AN INDIVIDUAL IS GOING TO BE REQUIRED TO WORK OR TO BE SEEKING A JOB.

WITH AN EXCEPTION. THE EXCEPTION IS, IF THE INDIVIDUAL HAS A DISABILITY.

WHICH GETS TO THE ISSUE, UNDER CURRENT LAW, THE DETERMINATION FOR WHO

HAS A DISABILITY IS MADE BY HEALTH -- EXCUSE ME, HEALTH CARE

PRACTITIONERS THAT ARE CONTRACTED OUT BY LOCAL SOCIAL SERVICES DISTRICTS.

THE LOCAL DISTRICT PAYS FOR THESE DOCTORS. THEREIN LIES THE PROBLEM.

NUMBER ONE, THESE DOCTORS WHO ARE ASSESSING THE DISABILITY AND THE

WORK NEEDS OF THESE INDIVIDUALS ONLY SEE THE INDIVIDUALS FOR A SHORT

PERIOD OF TIME. AND -- I WANT TO MAKE SURE I'M PRECISE, FORGIVE ME --

VERY LITTLE WEIGHT IS GIVEN TO THE PERSON'S INDIVIDUAL DOCTOR. SO THERE'S

AN INHERENT CONFLICT BETWEEN THE SOCIAL SERVICES DOCTOR AND A PERSON'S

INDIVIDUAL DOCTOR. SO, THE POINT OF THIS BILL IS TO MAKE SURE THAT PEOPLE

WITH SERIOUS IMPAIRMENTS ARE NOT ASSIGNED TO WORK ACTIVITIES THAT --

THEY -- ARE INCONSISTENT WITH THEIR DISABILITY. SO, THIS BILL TRACKS

FEDERAL SOCIAL SECURITY REGULATIONS BY DOING A COUPLE OF THINGS: IT

REQUIRES THE SOCIAL SERVICES DISTRICT TO AGREE TO CONTROLLING WEIGHT FOR

THE PERSONAL DOCTOR OF THE INDIVIDUAL UNDER CERTAIN CIRCUMSTANCES.

AND NOW, FORGIVE ME FOR READING, BUT I WANT TO BE PRECISE. THE

PERSONAL DOCTOR WILL ONLY BE ACCEPTED, AND THEIR OPINION WILL ONLY BE

ACCEPTED IF, NUMBER ONE, THERE IS A LENGTH AND FREQUENCY OF TREATMENT

THAT MAKES SENSE. WE WANT TO AVOID SOMEBODY COMING AND SAYING,

YEAH, I'VE GOT A DOCTOR. I'VE SEEN RECEIVE HIM ONCE, AND THEY'RE SAYING

THAT I'M DISABLED AND I CAN'T WORK. SO, THAT'S THE FIRST FACTOR. THE

NYS ASSEMBLY MAY 30, 2018

SECOND IS, THE DIAGNOSIS HAS TO BE CONSISTENT WITH THE DOCTOR'S OPINION,

WITH THE WHOLE RECORD OF THE INDIVIDUAL. SO IF THEY'RE SAYING

SOMETHING THAT DOESN'T LOOK LIKE IT'S IN -- MAKE SENSE WITH THE REST OF

THE PERSON'S PERSONAL RECORD, WE'RE GOING TO IGNORE THAT. THE OPINION

IS SUPPORTED BY EVIDENCE, AND THE SPECIALTY OF THE TREATING PHYSICIAN IS

APPLICABLE -- WE DON'T WANT A FOOT DOCTOR COMING IN AND SAYING, YES,

THEY HAVE A HEART DISEASE.

TWO MORE POINTS, AND THIS IS WHERE WE GET A LITTLE

NUANCED. NUMBER ONE, THE REASON FOR THIS IS, NUMEROUS COURT CASES

THAT HAVE BEEN FILED AGAINST LOCAL SOCIAL SERVICES DISTRICTS HAVE

INDICATED THAT THE SOCIAL SERVICES' DOCTORS HAVE BEEN PRESSURED BY THE

DISTRICTS TO UNDER-DIAGNOSE, OR OVER-DIAGNOSE. NOW, REMEMBER, I'M

NOT CASTING ASPERSIONS ON OUR LOCAL SOCIAL SERVICES DISTRICTS, BUT THEY

HAVE A FINANCIAL INCENTIVE NOT TO PROVIDE SERVICES. IF THE PEOPLE ARE

KNOCKED OFF OF PUBLIC ASSISTANCE, THEY PAY LESS.

AND SECOND, HERE'S THE LAST NUANCE AND I'LL STOP. AND

AGAIN, FORGIVE ME FOR GOING ON FOR A LONG PERIOD OF TIME. WE HAD

SOME SUCCESS ON THIS ISSUE IN THE BUDGET LAST YEAR IN 2016 AND 2017.

SO, WE WERE ABLE TO MAKE SURE THAT IF THE LOCAL SOCIAL SERVICES DISTRICT'S

DOCTOR DISAGREED WITH THE PERSONAL'S -- A PERSONAL PHYSICIAN'S

DIAGNOSIS, THAT THEY HAD TO DO SO IN WRITING. THAT WAS A VICTORY.

HOWEVER, WHAT WE DIDN'T GET IN, AND WHY WE STILL NEED THIS BILL IS,

CONTROLLING WEIGHT STILL GOES TO THE LOCAL SOCIAL SERVICES DOCTOR, NOT THE

-- THE PERSONAL PHYSICIAN. AND NUMBER TWO, THAT THE LOCAL SOCIAL

SERVICES DISTRICT DOCTOR DOES NOT HAVE TO PROVIDE EVIDENCE TO BACK UP

NYS ASSEMBLY MAY 30, 2018

HIS CLAIM. I KNOW THAT WAS A LONGWINDED EXPLANATION, I APOLOGIZE TO

MY COLLEAGUES. I'M HAPPY TO TAKE ANY QUESTIONS ON THE BILL.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. WOULD THE SPONSOR YIELD?

MR. HEVESI: ABSOLUTELY, MR. GOODELL.

ACTING SPEAKER AUBRY: MR. HEVESI YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MR. HEVESI.

MR. HEVESI: SIR.

MR. GOODELL: AND I APPRECIATE YOUR EXPLANATION.

SO, JUST SO WE'RE CLEAR, UNDER THE CURRENT SYSTEM, IF AN INDIVIDUAL

BELIEVES THAT HE HAS A MEDICAL CONDITION THAT SHOULD EXEMPT HIM FROM

ANY WORK OR TRAINING REQUIREMENTS, BECAUSE IT APPLIES TO BOTH, THEN HE

SUBMITS THAT EVIDENCE TO THE DEPARTMENT OF SOCIAL SERVICES. AND IF

THE SOCIAL SERVICES DEPARTMENT AGREES THAT THE EVIDENCE IS SUFFICIENT,

THAT'S THE END OF THE ISSUE, RIGHT?

MR. HEVESI: YES -- WELL, NOT THE SOCIAL SERVICES

DEPARTMENT, THE DOCTOR THAT IS EMPLOYED BY THE SOCIAL SERVICES

DEPARTMENT.

MR. GOODELL: WELL, IT SAYS, THE DISTRICT MAY, IN

ITS SOLE DISCRETION, ACCEPT SUCH DOCUMENTATION AS SUFFICIENT EVIDENCE...

AND IF THEY DO, THAT'S THE END OF THE PROCESS --

MR. HEVESI: YEAH, BASED OFF OF --

MR. GOODELL: -- THE PERSON IS EXEMPT.

MR. HEVESI: -- THE RECOMMENDATION OF THEIR

NYS ASSEMBLY MAY 30, 2018

DOCTOR, YES.

MR. GOODELL: THEN, IN INSTANCES WHERE THE SOCIAL

SERVICE DISTRICT DETERMINES THAT THE DOCUMENTATION IS INSUFFICIENT, IN

THAT CASE THE SOCIAL SERVICES DEPARTMENT CAN REQUIRE ADDITIONAL

MEDICAL EVALUATION. AND IN DOING SO, THEY CAN REFER THE CASE TO AN

INDEPENDENT PHYSICIAN WHO HAS BEEN CERTIFIED NOT BY THE LOCAL DISTRICT,

BUT CERTIFIED BY THE OFFICE OF DISABILITY DETERMINATIONS OF THE OFFICE

OF TEMPORARY AND DISABILITY ASSISTANCE, CORRECT?

MR. HEVESI: YES, SIR.

MR. GOODELL: AND IS IT YOUR BELIEF, THEN, THAT THE

STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IS NOT PROPERLY

CERTIFYING INDEPENDENT PHYSICIANS?

MR. HEVESI: NO, NO, NO. THEY -- THEY ARE. BUT I

DON'T EVEN WANT IT TO GET TO THAT STEP. WE'D LIKE THE CORRECT DIAGNOSIS

DONE BY A TREATING PHYSICIAN WHO HAS A HISTORY WITH THE PATIENT, TO

HAVE THE CONTROLLING WEIGHT SO WE DON'T EVEN GET TO THE DOCTOR FROM

OTDA.

MR. GOODELL: WELL, KEEP IN MIND, THE ONLY WAY

YOU'D GET BEFORE A DOCTOR THAT'S CERTIFIED AS INDEPENDENT BY OTDA IS IF

THE LOCAL DISTRICT DETERMINES THERE IS INSUFFICIENT MEDICAL

DOCUMENTATION. NOW, THE LAW IS VERY CLEAR THAT THE SOCIAL SERVICES

DEPARTMENT IS REQUIRED TO CONSIDER ALL THE DOCUMENTATION --

MR. HEVESI: YES.

MR. GOODELL: AND THE INDEPENDENT PHYSICIAN IS

ALSO REQUIRED TO CONSIDER ALL THE DOCUMENTATION PROVIDED BY THE

NYS ASSEMBLY MAY 30, 2018

PATIENT, CORRECT?

MR. HEVESI: YES.

MR. GOODELL: NOW, UNDER THE CURRENT LAW, IF THE

INDEPENDENT PHYSICIAN DISAGREES WITH THE DETERMINATION AND THE

INDIVIDUAL WANTS TO PURSUE IT, THEY HAVE THE ABSOLUTE STATUTORY RIGHT TO

A FAIR HEARING, CORRECT?

MR. HEVESI: YES, THAT'S TRUE.

MR. GOODELL: NOW, LOOKING AT SOME OF THE LATEST

DOCUMENTATION -- I APOLOGIZE, MY DOCUMENTATION IS A FEW YEARS OLD --

IT LOOKS LIKE THERE WERE 135,000, PLUS OR MINUS, PEOPLE WHO ARE

EXEMPT FROM WORK REQUIREMENTS IN THE STATE OF NEW YORK. IS IT YOUR

BELIEF THAT THAT NUMBER IS TOO LOW?

MR. HEVESI: TO BE HONEST WITH YOU, I -- I DON'T -- I

HAVEN'T HEARD THAT NUMBER BEFORE, SO I CAN'T COMMENT ON WHETHER IT'S

CORRECT.

MR. GOODELL: AND IN 2012, THERE WERE OVER

62,000 PEOPLE WHO WERE EXEMPT FROM ANY WORK OR TRAINING

REQUIREMENTS BECAUSE OF A DISABILITY. MY QUESTION IS --

MR. HEVESI: I'LL TAKE YOUR WORD FOR IT.

MR. GOODELL: SO, YOU GO THROUGH THIS PROCESS,

WE HAVE AN INDEPENDENT PHYSICIAN. IF THE APPLICANT DISAGREES, HE CAN

REQUEST A FAIR HEARING --

MR. HEVESI: HOLD ON. STOP -- STOP RIGHT THERE. MY

ASSERTION IS IT'S NOT AN INDEPENDENT PHYSICIAN. WHAT WE HAVE SEEN

THROUGH COURT CASES SIGNIFICANTLY TIME AND TIME AGAIN IS UNDUE

NYS ASSEMBLY MAY 30, 2018

PRESSURE PLACED ON THE DOCTOR TO DIAGNOSE OR UNDER-DIAGNOSE FROM THE

LOCAL SOCIAL SERVICES DISTRICT. THAT'S THE PROBLEM WE'RE LOOKING TO

RECTIFY --

MR. GOODELL: OKAY, SO --

MR. HEVESI: -- WITH THIS BILL --

MR. GOODELL: WE'RE -- SO WE'RE ON THE SAME

LANGUAGE. IF THE HEALTH CARE PRACTITIONER WHO HAS BEEN CERTIFIED BY THE

OFFICE OF DISABILITY DETERMINATIONS DISAGREES WITH THE APPLICANT, THE

APPLICANT CAN REQUEST AND RECEIVE A FAIR HEARING. DO YOU KNOW WHAT

PERCENT --

MR. HEVESI: ANDY, YOU'RE TALKING -- YOU'RE RIGHT,

BUT YOU'RE TALKING ABOUT THE SECOND ROUND THAT I'M HOPING NOT TO GET TO.

MR. GOODELL: RIGHT.

MR. HEVESI: I'M HOPING THAT THE FIRST DETERMINATION

IS MADE BY THE APPROPRIATE DOCTOR.

MR. GOODELL: NOW, IT'S MY UNDERSTANDING THAT

THERE WERE ABOUT 10,000 FAIR HEARINGS REQUESTED. BUT, ONLY A SMALL

FRACTION OF THOSE FAIR HEARINGS RESULTED IN A REVERSAL. IS THAT CONSISTENT

WITH YOUR UNDERSTANDING AS WELL?

MR. HEVESI: YEAH, I'LL TAKE YOUR WORD FOR THAT AS

WELL. I DON'T HAVE THOSE NUMBERS IN FRONT OF ME. BUT THAT SEEMS TO

MAKE SENSE.

MR. GOODELL: NOW, EVEN THOUGH ONLY A SMALL

FRACTION OF THE FAIR HEARINGS ARE REVERSED, IF YOU DISAGREE WITH A FAIR

HEARING, YOU HAVE A THIRD OPPORTUNITY, RIGHT? THE THIRD OPPORTUNITY

NYS ASSEMBLY MAY 30, 2018

BEING YOU CAN BRING IN -- YOU CAN BEGIN AN ARTICLE 78 PROCEEDING

CHALLENGING THE FAIR HEARING.

MR. HEVESI: YEAH. THAT'S CORRECT AS WELL.

MR. GOODELL: ARE YOU AWARE OF HOW MANY

ARTICLE 78 PROCEEDINGS HAVE BEEN COMMENCED?

MR. HEVESI: I'M NOT, ANDY, BUT I'M A LITTLE PUZZLED

BY THE QUESTION BECAUSE I'M NOT ARGUING THAT THE -- THERE ARE NOT

PROTECTIONS BUILT INTO THE LAW LATER ON IF WE DON'T GET IT RIGHT THE FIRST

TIME. WHAT THIS BILL IS TRYING TO DO IS GET IT RIGHT THE FIRST TIME SO WE

DON'T HAVE TO GO THROUGH THIS LONG, COSTLY PROCEDURE, THE ONES THAT

YOU'RE LAYING OUT WITH THE FAIR HEARINGS OR THE ARTICLE 78S.

MR. GOODELL: WELL, THE FACT THAT VERY, VERY FEW

FAIR HEARINGS RESULT IN A REVERSAL, AND VIRTUALLY NO COURT ACTIONS HAVE

RESULTED IN A REVERSAL --

MR. HEVESI: WELL --

MR. GOODELL: -- SUGGESTS THAT THE CURRENT PROCESS

IS WORKING VERY EFFECTIVELY --

MR. HEVESI: NO, I -- I WOULD TAKE ISSUE WITH THAT.

I WOULD SUGGEST THAT THE -- THE DISCUSSION ABOUT FAIR HEARINGS -- WHICH

IS NOT IN THIS BILL -- BUT THE DISCUSSION ABOUT FAIR HEARINGS IS A

COMPLICATED AND IN-DEPTH DISCUSSION WE SHOULD TALK ABOUT. ACCESS TO

FAIR HEARINGS, REPRESENTATION TO FAIR HEARINGS, IT'S A WHOLE OTHER ANIMAL.

SO, THE IDEA THAT THERE ARE NOT A LOT OF REVERSALS, I WOULDN'T USE THAT AS A

JUSTIFICATION TO NOT GET IT RIGHT THE FIRST TIME.

MR. GOODELL: AND WHAT INFORMATION -- WHAT DATA

NYS ASSEMBLY MAY 30, 2018

DO YOU HAVE TO INDICATE THAT IT ISN'T RIGHT THE FIRST TIME? HOW MANY

CLAIMS THAT GO THROUGH THE REVIEW PROCESS OF A PHYSICIAN CERTIFIED BY

THE STATE ARE INCORRECT? WHAT DATA DO YOU HAVE THAT INDICATES THEY'RE

INCORRECT? BECAUSE ALL THE DATA THAT I HAVE, BASED ON FAIR HEARING

REVIEWS AND JUDICIAL REVIEWS, INDICATE THAT THE SYSTEM IS OPERATING

ACCURATELY THE FIRST TIME. I MEAN, THAT'S THE VERY REASON WHY WE HAVE

FAIR HEARINGS. THAT'S THE VERY REASON WHY WE HAVE ARTICLE 78S. AND IF

THE DATA FROM THOSE REVIEWS INDICATE THE SYSTEM IS WORKING CORRECTLY

THE FIRST TIME, WHY SHOULD WE BE CHANGING IT?

MR. HEVESI: I -- I GOT TO BE HONEST WITH YOU, ANDY,

YOU HAVE -- YOU -- YOU'RE ALLUDING TO DATA THAT I DON'T HAVE IN FRONT OF

ME, WHICH IS GOOD FOR YOU, I'LL HAVE TO REVIEW IT. BUT TO BE HONEST WITH

YOU, I DIDN'T GET THERE BECAUSE BECAUSE IT WAS UNNECESSARY. I'M GOING

TO GO BACK TO THE FIRST POINT, WHICH IS I DON'T BELIEVE ON THE BASELINE

PREMISE THAT THE SYSTEM IS WORKING AS IT SHOULD, AND YOU CAN'T USE A

RESULT OF FUTURE PROCESSES LIKE FAIR HEARINGS OR ARTICLE 78S AS AN

INDICATION THAT IT IS. THOSE HAVE THEIR OWN FLAWS. WE CAN GET IN THOSE

-- TO THOSE SOME OTHER TIME. BUT THE BOTTOM LINE IS, I CAN PROVIDE CASE

LAW AND EVIDENCE OF DOCTORS TESTIFYING THAT THEY WERE PRESSURED BY THE

SSDS TO MAKE INAPPROPRIATE DETERMINATIONS, WHICH DOES A COUPLE OF

THINGS: ONE, IT SAVES THE COUNTIES MONEY BECAUSE THOSE PEOPLE DON'T

GET PUBLIC ASSISTANCE BENEFITS; AND, TWO, IT IS HORRIBLY UNFAIR TO THE

INDIVIDUALS WHO ARE DISABLED, BECAUSE THEY ARE KICKED OFF PUBLIC

ASSISTANCE, OFTEN BECOME HOMELESS, AND THEN THE COUNTIES HAVE TO PICK

UP MORE MONEY. SO, WHILE YOU MAY BE RIGHT THAT THE IDEA THAT LATER ON

NYS ASSEMBLY MAY 30, 2018

DOWN THE ROAD I CAN'T PROVIDE THE EVIDENCE THAT THE FAIR HEARINGS AND

THE ARTICLE 78S DON'T BACK YOUR CLAIM, I CAN TELL YOU THERE IS CASE

EVIDENCE THAT SUGGESTS THAT THE SYSTEM IS NOT WORKING, AND THIS ONE

QUICK FIX IS VERY SIMPLE AND WILL ALLOW US TO GET IT RIGHT THE FIRST TIME.

MR. GOODELL: NOW, OF COURSE, YOU REFERENCED THE

SOCIAL SERVICES REGULATIONS.

MR. HEVESI: YES, SIR.

MR. GOODELL: AND THE SOCIAL SERVICES

REGULATIONS ARE VERY CLEAR AND EXPLICIT, THAT A PHYSICIAN'S EVALUATION OF

A MEDICAL CONDITION IS SEPARATE AND DISTINCT FROM THE -- THE

DETERMINATION OF WHETHER OR NOT A PERSON IS DISABLED FOR WORK

REQUIREMENTS. IN FACT, THE SOCIAL SECURITY REGULATIONS STATE, AND I

QUOTE, "A STATEMENT BY A MEDICAL SOURCE THAT YOU ARE DISABLED OR

UNABLE TO WORK DOES NOT MEAN THAT WE WILL DETERMINE YOU'RE DISABLED."

IS THAT SIMILAR LANGUAGE IN THIS BILL?

MR. HEVESI: YEAH, WE -- SO -- YES. BECAUSE OUR

BILL TRACKS THE SSI REGULATIONS. THE -- THE NUMBER IS, I CAN GIVE IT TO

YOU, 24 -- 20 CFR 416.927.

MR. GOODELL: WELL, THAT'S THE -- THAT'S THE SOCIAL

SECURITY REGULATIONS --

MR. HEVESI: THAT'S RIGHT.

MR. GOODELL: WHERE IN THIS BILL IS THAT LANGUAGE

THAT MAKES IT CLEAR THAT A PHYSICIAN IS NOT DETERMINING DISABILITY, WHICH

IS A VOCATIONAL ANALYSIS, BUT ONLY FOCUSING ON MEDICAL CONDITION?

WHERE'S THAT IN THIS LANGUAGE?

NYS ASSEMBLY MAY 30, 2018

MR. HEVESI: IT'S NOT IN THE BILL BECAUSE IT'S IN

CURRENT LAW. IT'S PART OF A PERSON'S DETERMINATION FOR THEIR EMPLOYMENT

PLAN. REMEMBER, THE -- THE PURPOSE OF THIS IS TO SEE IF SOMEBODY WITH

A DISABILITY HAS THE ABILITY TO WORK IN CERTAIN JOBS. IT'S A YES OR A NO.

THIS IS NOT A STRAIGHT, HEY, YOU'RE DISABLED, YOU CAN WORK OR NOT. IT IS

MORE NUANCED. SOME PEOPLE ARE -- HAVE DISABILITIES SO SEVERE THAT

THEY CANNOT WORK. OTHERS HAVE WORK LIMITATIONS. AND THAT'S WHAT

WE'RE TRYING TO GET AT.

MR. GOODELL: WELL, KEEP IN MIND, UNDER CURRENT

LAW, THAT DETERMINATION IS MADE BY AN INDIVIDUAL CERTIFIED BY THE STATE,

AND THAT'S UNDER SECTION 332-B 4(E). THIS CHANGES --

MR. HEVESI: HOLD ON. WHICH PERSON -- GIVE ME

THAT AGAIN. NOT THE -- NOT THE CITATION, BUT THAT SOMEBODY FROM THE

STATE IS MAKING THAT DETERMINATION NOW?

MR. GOODELL: RIGHT. RIGHT. IT'S -- IT'S IN CURRENT

STATUTE. THIS IS WHAT'S IN --

MR. HEVESI: NO, IT'S SOMEBODY--

MR. GOODELL: -- THE AMENDMENT.

MR. HEVESI: -- A DOCTOR HIRED BY THE LOCAL SOCIAL

SERVICE DISTRICT IS MAKING THAT DETERMINATION NOW.

MR. GOODELL: NO, THE DEPARTMENT IS MAKING THAT

DETERMINATION --

MR. HEVESI: I BELIEVE YOU'RE INCORRECT. LET ME

CHECK.

I -- I APOLOGIZE, SIR. WE'LL HAVE TO AGREE TO DISAGREE.

NYS ASSEMBLY MAY 30, 2018

I'M -- I'M CONFIDENT ON THIS POINT.

MR. GOODELL: AND YOU WOULD AGREE WITH ME,

THOUGH, THAT EVEN A -- A FINE PHYSICIAN MAY NOT FULLY APPRECIATE ALL THE

EMPLOYMENT ISSUES THAT ARE INVOLVED IN A JOB APPLICATION. IN FACT,

THERE'S 12,000 JOBS THAT ARE LISTED IN THE DICTIONARY OF OCCUPATIONAL

TITLE.

MR. HEVESI: THAT'S TRUE. BUT, THE MEDICAL

DETERMINATION WILL BE BETTER SERVED IF THE DOCTOR HAS A HISTORY WITH THE

PATIENT, AS OPPOSED TO THE DOCTOR HIRED BY THE SSD THAT HAS SEEN HIM

ONCE.

MR. GOODELL: NOW, UNDER THE CURRENT SYSTEM, WE

HAVE A SERIES OF CHECKS AND BALANCES. WE HAVE A REQUIREMENT THAT THE

DEPARTMENT CONSIDER THE APPLICANT'S PHYSICIAN'S STATEMENTS AND ALL THE

RECORDS THAT THE APPLICANTS SUBMITS. THAT'S IN THE CURRENT LAW. WE

HAVE A REQUIREMENT THAT IF THERE'S A NEED FOR FURTHER DOCUMENTATION THAT

THE PHYSICIAN USES IS SET -- SELECTED BY A THIRD-PARTY, THE STATE, NOT THE

LOCAL DISTRICT. WE HAVE CHECKS AND BALANCES BECAUSE IF THE APPLICANT

DISAGREES, THEY HAVE A RIGHT TO A FAIR HEARING. AND NOT ONLY A FAIR

HEARING, BUT AN ARTICLE 78 PROCEEDING. IF THIS BILL IS IMPLEMENTED,

DON'T WE ELIMINATE THOSE CHECKS AND BALANCES? BECAUSE NO LONGER DO

YOU HAVE AN INDEPENDENT PHYSICIAN EVALUATION, AND NO LONGER WOULD

THERE BE THE FAIR HEARING?

MR. HEVESI: NO. QUITE THE REVERSE. YOU WOULD

HAVE A MORE INDEPENDENT PHYSICIAN EVALUATION, YOU'D BE MORE LIKELY TO

GET IT RIGHT, AND YOU'D HAVE LESS NEED OF THE COSTLY ARTICLE 78 AND FAIR

NYS ASSEMBLY MAY 30, 2018

HEARING PROCESS YOU'RE TALKING ABOUT. THIS BILL WILL SAVE TAXPAYERS

MONEY.

MR. GOODELL: THANK YOU VERY MUCH. ON --

MR. HEVESI: THANK YOU, SIR. SORRY TO MY

COLLEAGUES.

MR. GOODELL: -- THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THE CURRENT LAW REFLECTS A SYSTEM

OF CHECKS AND BALANCES DESIGNED TO BE FAIR TO BOTH THE APPLICANT AND

THE TAXPAYERS. IT'S FAIR TO THE APPLICANT BECAUSE IT SAYS THAT THE SOCIAL

SERVICES DEPARTMENT MUST CONSIDER ALL OF YOUR MEDICAL DOCUMENTATION

WHEN YOU'RE SEEKING AN EXEMPTION FROM WORK OR FROM JOB TRAINING.

IT'S FURTHER FAIR TO THE APPLICANT, BECAUSE THE APPLICANT IS GIVEN AN

ADDITIONAL CHANCE TO SUBMIT ADDITIONAL DOCUMENTATION. AND IT'S ONLY IF

THE APPLICANT DOESN'T SUBMIT SUFFICIENT DOCUMENTATION THAT JUSTIFY THEIR

APPLICATION, THAT THE DEPARTMENT GOES TO AN INDEPENDENT PHYSICIAN;

INDEPENDENT FROM THE LOCAL SOCIAL SERVICES DEPARTMENT. A PHYSICIAN

THAT IS SELECTED AND CERTIFIED BY THE STATE'S OFFICE OF DISABILITY

DETERMINATIONS. BUT IT DOESN'T STOP THERE. IF THE APPLICANT DOESN'T

AGREE WITH THAT, HE HAS THE RIGHT TO GO TO A FAIR HEARING AND PRESENT ALL

THE EVIDENCE HE WANTS TO AN ADMINISTRATIVE LAW JUDGE. BUT IT DOESN'T

STOP THERE. IF THE APPLICANT STILL DOESN'T LIKE IT, SHE CAN GO TO COURT WITH

AN ARTICLE 78. SO, WE HAVE THIS SYSTEM WHERE WE ARE USING

INDEPENDENTLY-CERTIFIED PHYSICIANS, MULTIPLE LEVELS OF REVIEW. AND

HOW IS IT WORKING? WELL, WHEN YOU LOOK AT DATA, THERE ARE VERY, VERY

NYS ASSEMBLY MAY 30, 2018

FEW REVERSALS, EITHER AT THE FAIR HEARING LEVEL, AND VIRTUALLY NO COURT

REVERSALS, WHICH IS AN INDICATION THAT THE EXISTING SYSTEM WORKS WELL.

SO, WHAT IS THE PROPOSAL HERE? IN COUNTRY TERMS, WE WOULD SAY, WE'RE

NOW PUTTING THE FOX IN CHARGE OF THE HENHOUSE. BECAUSE INSTEAD OF

HAVING AN INDEPENDENT REVIEW WITH MULTIPLE LAYERS OF REVIEW WITH

INDEPENDENT HEARING OFFICERS, OR AN INDEPENDENT COURT, WE'RE NOW

GOING TO SAY, HEY, THE APPLICANT'S HANDPICKED PHYSICIAN'S

DETERMINATION IS GOING TO BE CONTROLLING. SO WE NOW PUT THE

APPLICANT'S PHYSICIAN, WHO'S HE -- WHO THE APPLICANT HAS HIRED, IN

CHARGE OF DETERMINING WHETHER OR NOT THE APPLICANT SHOULD WORK. AND

THERE'S ONE OTHER THING TO KEEP IN MIND, WHICH IS VERY IMPORTANT.

THERE'S A HUGE DIFFERENCE BETWEEN A MEDICAL DETERMINATION AND A

DISABILITY DETERMINATION. THE DISABILITY DETERMINATION IS THE SECOND

STEP IN THE PROCESS WHERE YOU TAKE THE PERSON'S MEDICAL CONDITION AND

COMPARE IT TO THE JOB REQUIREMENTS. THAT IS A VOCATIONALLY-BASED

DETERMINATION. WHICH IS EXACTLY WHY THE FEDERAL REGULATIONS

EXPRESSLY AND REPEATEDLY STATE THAT A STATEMENT BY A MEDICAL SOURCE

THAT YOU'RE DISABLED DOESN'T MEAN YOU'RE DISABLED. IT MEANS THAT YOU

HAVE A MEDICAL CONDITION. WE HAVE A SYSTEM THAT'S WORKING WELL, THE

DATA INDICATES IT'S WORKING WELL, IT'S FAIR TO THE APPLICANTS, AND IT'S FAIR

TO THE TAXPAYERS, AND WE SHOULD NOT CHANGE IT.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

(PAUSE)

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

PIECES OF HOUSEKEEPING. FIRST IS THAT WE'D LIKE TO ASK MEMBERS OF THE

ECONOMIC DEVELOPMENT COMMITTEE TO JOIN MR. SCHIMMINGER IN THE

SPEAKER'S CONFERENCE ROOM. ECONOMIC DEVELOPMENT COMMITTEE IN

THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: ECONOMIC

DEVELOPMENT, SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, SIR. I ALSO WANT TO

CALL TO EVERYONE'S ATTENTION THE GROUP OF FOURTH AND FIFTH GRADE STUDENTS

FROM THE THE PURCHASE ELEMENTARY SCHOOL WHO ARE GUESTS OF MR.

BUCHWALD UP IN THE CHAMBER. THESE DELIGHTFUL YOUNG PEOPLE ARE FROM

THE HARRISON CENTRAL SCHOOL DISTRICT, AND THEY ARE JOINED BY THEIR

TEACHERS AND PARENTS. AND THE TRIP WAS ORGANIZED BY DOREEN CIPOLLA,

WHO IS A -- A TEACHER WHO ORGANIZED THE TRIP. AND THESE STUDENTS ARE

NYS ASSEMBLY MAY 30, 2018

HERE, NO DOUBT, TAKING A DAY AWAY FROM SCHOOL, SO THEY'RE MISSING

SCHOOL, BUT GETTING AN AMAZING EDUCATION BY BEING IN THE ASSEMBLY

CHAMBER AND OBSERVING OUR PROCEEDINGS. AND IF YOU'D PLEASE EXTEND

ALL THE CORDIALITIES AND PRIVILEGES TO THIS OUTSTANDING GROUP OF YOUNG

PEOPLE AND THEIR PARENTS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BUCHWALD, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

STUDENTS TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES

OF THE FLOOR, HOPE THAT YOU'VE HAD A GREAT TRIP TO ALBANY, WISH YOU WELL

ON YOUR STUDIES AND END OF SCHOOL TIME, AND ALWAYS FEEL WELCOME TO

COME BACK. THANK YOU.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05333-A, CALENDAR

NO. 382, WEPRIN, JAFFEE, MOSLEY. AN ACT TO AMEND THE TAX LAW, IN

RELATION TO CREATING A DISABLED PERSON RETROFIT TAX CREDIT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

NYS ASSEMBLY MAY 30, 2018

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

TO NOW GIVE YOU THE NEXT FOUR BILLS I'D LIKE TO TAKE UP IN THIS ORDER, IF I

MIGHT: BEGINNING ON PAGE 49, CALENDAR NO. 426 BY MR. RAMOS;

FOLLOW THAT WITH CALENDAR NO. 479 BY MR. WEPRIN, WHICH IS ON PAGE

54; THEN GO TO CALENDAR NO. 509 BY MR. DILAN ON PAGE 58; AND THEN

CONCLUDE THIS GROUP WITH CALENDAR NO. 822 BY MR. SKOUFIS, WHICH IS

ON PAGE 79 ON THE MAIN CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05931-A, CALENDAR

NO. 426, RAMOS, ORTIZ, CUSICK, MAGNARELLI, LUPARDO, TITONE, AUBRY,

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

TO ESTABLISHING THE NEW YORK STATE INTERAGENCY COORDINATING COUNCIL

FOR SERVICE-DISABLED VETERANS, DEFINING THE POWERS AND DUTIES OF THE

COUNCIL AND REQUIRING AN ANNUAL REPORT BY THE COUNCIL TO THE

GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF

THE ASSEMBLY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MAY 30, 2018

THE CLERK: ASSEMBLY NO. A06865, CALENDAR NO.

479, WEPRIN, CUSICK, BENEDETTO, ABINANTI, SEAWRIGHT, MOSLEY. AN ACT

TO AMEND THE EXECUTIVE LAW, IN RELATION TO REQUIRING COUNTIES TO

MAINTAIN A CONFIDENTIAL REGISTRY OF PEOPLE OF ALL AGES WITH DISABILITIES

FOR EVACUATION AND SHELTERING DURING DISASTERS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. WEPRIN.

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

WOULD REQUIRE COUNTIES TO MAINTAIN A CONFIDENTIAL REGISTRY OF PEOPLE OF

ALL AGES WITH DISABILITIES FOR DISASTER PREPAREDNESS. IT AMENDS SECTION

23(A) OF THE EXECUTIVE LAW TO REQUIRE THAT LOCAL COUNTIES COMPILE AND

MAINTAIN A LIST OF PEOPLE OF ALL AGES WITH DISABILITIES LOCATED WITHIN THE

COUNTY. THE PURPOSE IS TO ASSIST LOCAL GOVERNMENTS WITH IDENTIFYING

SUCH INFORMATION, THE COUNTY DEPARTMENT OF HEALTH, THE COUNTY

DEPARTMENT OF SOCIAL SERVICES AND/OR THE COUNTY DEPARTMENT OF

MENTAL HEALTH OR ANY OTHER SUCH OTHER COUNTY DEPARTMENT OR AGENCY

ARE AUTHORIZED TO PROVIDE INFORMATION PURSUANT TO MAINTAINING A

CONFIDENTIAL REGISTRY. IT WILL GREATLY AID LOCALITIES IN PREPARING FOR AND

RESPONDING TO DISASTERS. IT CREATES A STANDARDIZED REGISTRY IN COUNTIES

AND ALLOW INFORMATION BE SENT OUT QUICKLY AND EFFICIENTLY IN AN

EMERGENCY. IT WILL HELP PROTECT PERSON -- PERSONS WITH DISABILITIES OF

ALL AGES.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: WILL YOU --

MR. WEPRIN: I'D BE HAPPY TO.

ACTING SPEAKER AUBRY: MR. WEPRIN YIELDS.

MR. RA: THANK YOU. SO, JUST STARTING WITH OUT WITH

REGARD TO THIS. CURRENT LAW, I GUESS, HAS KIND OF... I WOULDN'T SAY JUST A

PERMISSIVE, BUT ACTUALLY, I GUESS, RECOMMENDS COUNTIES DO THIS, BUT

THEY'RE NOT REQUIRED TO DO THIS. IS THAT CORRECT?

MR. WEPRIN: YES.

MR. RA: BUT -- AND -- AND THIS WOULD TAKE THAT A STEP

FURTHER THEN, AND -- AND THE COUNTIES WOULD ACTUALLY BE REQUIRED TO

MAINTAIN THIS REGISTRY OF -- OF PERSONS WITH DISABILITIES?

MR. WEPRIN: IT'S A VOLUNTARY REGISTRY IN THE SENSE

THAT IF SOMEONE DOES NOT WANT TO BE ON THE REGISTRY, THEY'RE NOT

REQUIRED TO BE.

MR. RA: VOLUNTARILY FOR THE PEOPLE IN THE

COMMUNITY --

MR. WEPRIN: FOR THE PERSON --

MR. RA: -- WHO SIGN UP, BUT --

MR. WEPRIN: FOR THE PERSON WITH DISABILITY, YES.

MR. RA: BUT THE -- THE COUNTY HAS -- WILL BE REQUIRED

BY LAW TO CREATE THIS REGISTRY.

MR. WEPRIN: YES. YOU KNOW, THERE HAVE BEEN A

NUMBER OF DISASTERS OVER THE LAST NUMBER OF YEARS, AND THEY SEEM TO

HAVE GOTTEN MORE AND MORE, AND THIS WOULD -- IF THIS SAVES ONE LIFE, IT'S

WORTH WHATEVER THE COST MIGHT BE.

NYS ASSEMBLY MAY 30, 2018

MR. RA: SURE. SINCE -- SINCE YOU MENTION COST,

THEN, I KNOW, YOU KNOW, SEVERAL YEARS AGO THERE WAS A VERSION OF THIS

THAT WAS -- PASSED BOTH HOUSES AND WAS VETOED REGARDING COST. I -- I

THINK THE COST AT THAT TIME WAS ALMOST $10 MILLION, MAYBE A LITTLE BIT

LESS. IS THERE ANY UPDATE AS TO WHAT THE COST MIGHT BE?

(PAUSE)

MR. WEPRIN: I'VE BEEN ADVISED, BECAUSE OF

TECHNOLOGY AND THE INTERNET, IT -- THE COST SHOULD BE SIGNIFICANTLY LESS AT

THIS POINT.

MR. RA: OKAY. DO -- DO WE HAVE ANY SENSE OF -- OF

HOW MANY COUNTIES IN THE STATE HAVE, YOU KNOW, TAKEN THE

RECOMMENDATION IN CURRENT LAW AND CREATED THIS TYPE OF REGISTRY?

(PAUSE)

MR. WEPRIN: WE -- WE DON'T HAVE THAT

INFORMATION, BUT, AGAIN, LET ME REPEAT. THE FREQUENCY OF EMERGENCY

DISASTERS THAT HAVE OCCURRED OVER THE LAST NUMBER OF YEARS, I THINK

NECESSITATE THAT MAKING SURE THAT PEOPLE WITH DISABILITY GET ACCESS --

GET -- GET OUT QUICKLY IN CASES OF EMERGENCY. AND -- AND WHATEVER THE

COST IS, AND I -- IT'LL BE SIGNIFICANTLY LESS THAN THAT ORIGINAL $10 MILLION

ESTIMATE YOU MENTIONED. I THINK THIS IS IMPORTANT LEGISLATION.

MR. RA: OKAY. AND I -- I JUST WANTED TO GO INTO A

LITTLE BIT OF, YOU KNOW, HOW THE COUNTY WOULD ACTUALLY UTILIZE THIS

INFORMATION. WOULD THEY UTILIZE IT -- I MEAN, JUST IN A KIND OF REACTIVE

WAY, THAT, OKAY, THERE'S A NATURAL DISASTER, WE'RE GOING TO GO CONSULT

THIS REGISTRY SO THAT, YOU KNOW, MAYBE WE KNOW A CERTAIN COMMUNITY

NYS ASSEMBLY MAY 30, 2018

IS UNDER WATER AND NEEDS TO BE EVACUATED, LIKE IN SUPERSTORM SANDY,

WOULD THEY THEN BE ABLE TO CONSULT WITH THIS AND SAY, WE'RE GOING TO

GO INTO THAT COMMUNITY AND -- AND PRIORITIZE THESE HOMES THAT HAVE

SOMEBODY WITH A DISABILITY WHO IS REGISTERED?

MR. WEPRIN: YEAH, I WOULD SAY THAT IT'S NOT EVEN

SO MUCH PRIORITIZING, AS MUCH AS GETTING TO THEM FIRST BECAUSE IT MAY

TAKE LONGER FOR THEM TO, YOU KNOW, TO EVACUATE. SO, CERTAINLY IT'S

SOMETHING THAT SHOULD BE MADE AVAILABLE TO ALL THE EMERGENCY

RESPONDERS IN THE CASE OF AN EMERGENCY.

MR. RA: SURE. SO WOULD IT -- THEN, IS THERE ANYTHING

IN THE BILL WITH REGARD TO THAT IN TERMS OF SHARING IT WITH, YOU KNOW,

WITH DIFFERENT ENTITIES? YOU KNOW, OBVIOUSLY, IF YOU HAVE SOMEPLACE

LIKE THE CITY OF NEW YORK, IF THEY HAD A REGISTRY, THEY -- THEY -- IF

THEY'RE SHARING INFORMATION, YOU KNOW, THE FIRE DEPARTMENT, POLICE

DEPARTMENT, YOU KNOW, AN EMERGENCY MANAGEMENT DEPARTMENT,

WOULD HAVE THE OPPORTUNITY TO UTILIZE IT. BUT WHAT ABOUT MAYBE IN A

SUBURBAN COUNTY, YOU KNOW, SOMEPLACE LIKE -- LIKE LONG ISLAND, WHERE

YOU HAVE A NUMBER OF DIFFERENT LOCAL VOLUNTEER FIRE DEPARTMENTS IN

DIFFERENT COMMUNITIES? IS THERE ANYTHING OR ANY INTENTION THAT THIS

INFORMATION BE SHARED IN THAT WAY? OBVIOUSLY, CONFIDENTIALITY, YOU

KNOW, IS AN IMPORTANT PART OF THIS. BUT HOW WOULD IT BE UTILIZED IN THE

EVENT OF AN EMERGENCY SO THAT THOSE RESPONDING TO THE EMERGENCY HAD

ACCESS TO THIS INFORMATION?

MR. WEPRIN: WELL, I WOULD HOPE THAT THE COUNTIES

WOULD -- WOULD SHARE IT.

NYS ASSEMBLY MAY 30, 2018

(PAUSE)

IT'S AT THE -- I -- I'VE BEEN TOLD IT'S AT THE DISCRETION OF

THE EXECUTIVE OF -- OF THE COUNTY. BUT I WOULD HOPE THAT THEY WOULD

SHARE IT, BECAUSE THAT'S IMPORTANT INFORMATION FOR ANY FIRST RESPONDERS

TO HAVE, REGARDLESS OF WHETHER THEY'RE VOLUNTEER OR -- OR PAID.

MR. RA: OKAY. SO THE -- THE COUNTY, THEN, COULD

MAKE THAT DETERMINATION, MAYBE, YOU KNOW, WHAT WORKS BEST FOR THEIR

COUNTY IN TERMS OF SHARING THAT INFORMATION?

MR. WEPRIN: YES --

MR. RA: OKAY.

MR. WEPRIN: THAT IS MY UNDERSTANDING.

MR. RA: GREAT. NOW, IN TERMS OF, YOU KNOW,

RESPONDING TO THE -- TO THE EMERGENCY, COULD THEY ALSO -- YOU KNOW,

WILL -- WILL THE INDIVIDUAL BE PROVIDING INFORMATION, MAYBE A

CELLPHONE NUMBER OR SOMETHING LIKE THAT, SO THAT, YOU KNOW, THEY CAN

GET OUT INFORMATION DIRECTLY TO THOSE WITH DISABILITIES? YOU KNOW,

MAYBE -- MAYBE THE COUNTY KNOWS THE WATER IS GOING TO GET SHUT OFF, OR

THE ELECTRICITY IS GOING TO GET SHUT OFF, AND PRESUMABLY THAT -- THOSE

WOULD BE THE TYPE OF THINGS THAT ARE -- THAT ARE IMPORTANT TO BE AWARE

OF IN THESE SITUATIONS. WOULD THEY BE ABLE TO ALSO USE THIS TO KIND OF

PROACTIVELY COMMUNICATE WITH -- WITH THIS CONSTITUENCY WITH

DISABILITIES?

MR. WEPRIN: I WOULD HOPE THAT WOULD BE THE CASE.

I WOULD ASSUME THAT THE REGISTRY WOULD INCLUDE IMPORTANT INFORMATION,

LIKE A CELLPHONE.

NYS ASSEMBLY MAY 30, 2018

MR. RA: OKAY.

MR. WEPRIN: SO, I WOULD SAY THE ANSWER IS YES.

MR. RA: OKAY. SO -- SO, LASTLY, IN THAT REGARD, I

KNOW -- I THINK WE HAVE SOMETHING CALLED THE SMART911 SYSTEM THAT'S

AVAILABLE STATEWIDE. SO, YOU KNOW, WHAT WOULD THIS -- THIS ADD IN

TERMS OF THE LOCAL COUNTIES' RESPONSE THAT THEY'RE NOT ALREADY ABLE TO DO

WITH THAT? BECAUSE I THINK PEOPLE CAN REGISTER WITH THAT, GET

INFORMATION THROUGH THAT SYSTEM. SO, WHAT ADDITIONAL WOULD THEY BE

ABLE TO GET BY REGISTERING WITH THIS COUNTY REGISTRY?

MR. WEPRIN: AGAIN, IT'S JUST ANOTHER -- ANOTHER

REGISTRY, ANOTHER -- BUT IN THIS PARTICULAR CASE, IT SPEC -- SPECIFIED THAT

WE'RE KEEPING THE REGISTRY OF PEOPLE WITH DISABILITIES OF ALL AGES, AND IT

-- IT KIND OF TARGETS THAT COMMUNITY, IN A SENSE, WHO NEED EXTRA

ASSISTANCE. THAT'S A VULNERABLE COMMUNITY, ESPECIALLY IN THE -- IN THE

EVENT OF A DISASTER, AND THAT'S A COMMUNITY THAT WOULD NEED SERVICE

IMMEDIATELY.

MR. RA: ALL RIGHT. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: JUST -- JUST BRIEFLY. I -- I THINK, YOU KNOW,

IT'S A GOOD IDEA TO HAVE INFORMATION IN THE EVENT OF AN EMERGENCY SO

THAT WE CAN MAKE SURE OUR, YOU KNOW, COMMUNITIES ARE PROTECTED AND,

IN PARTICULAR, THOSE THAT ARE MOST VULNERABLE IN -- IN A SITUATION THAT

MAY NOT BE ABLE TO, YOU KNOW, EVACUATE OR -- OR GET -- GET TO A SAFE AREA

WITHOUT THE ASSISTANCE OF A LOCAL FIRE DEPARTMENT OR A LOCAL POLICE

NYS ASSEMBLY MAY 30, 2018

DEPARTMENT OR -- OR SOME OTHER ORGANIZATION. SO, YOU KNOW, I -- I

APPRECIATE WHAT THE SPONSOR IS TRYING TO DO. I KNOW HE HAS BEEN

STEADFAST IN HIS ADVOCACY FOR THOSE WITH DISABILITIES. BUT -- BUT I DO

RECOGNIZE THAT THERE ARE SOME CONCERNS ANY TIME WE IMPLEMENT

SOMETHING THAT REQUIRES OUR MUNICIPALITIES TO DO SOMETHING IN A WORLD

WHERE WE HAVE, YOU KNOW, A -- A -- A PROPERTY TAX CAP AND -- AND A LOT

OF MANDATED COSTS ON OUR MUNICIPALITIES. SO I --I CAN APPRECIATE THAT

END OF IT AS WELL, AND KNOWING THAT, YOU KNOW, THERE WAS A PREVIOUS

VETO FOR -- FOR THAT REASON. BUT I -- I DO AGREE WITH THE -- THE POINT THAT

IF WE CAN SAVE A LIFE, YOU KNOW, THERE -- THERE'S REALLY NO COST THAT CAN

BE PUT ON THAT.

SO, I -- I AM GOING TO BE SUPPORTING THE BILL, BUT -- BUT

I DO RECOGNIZE WHY SOME OF OUR COLLEAGUES MIGHT NOT BE, OUT -- OUT OF

CONCERN FOR THE COST. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON JANUARY

1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. WE ARE CONSTANTLY REMINDED BY OUR COLLEAGUES ON THE LOCAL

LEVEL ABOUT THE COSTS OF STATE-MANDATED PROGRAMS, AND CERTAINLY, THAT

WAS A CONCERN OF GOVERNOR CUOMO WHEN HE VETOED THIS LEGISLATION

NYS ASSEMBLY MAY 30, 2018

PREVIOUSLY. I WOULD POINT OUT THAT WE ALREADY HAVE THE TECHNOLOGY

AVAILABLE ONLINE FOR ANYONE WITH DISABILITIES TO SIGN UP. IT'S CALLED

SMART911. YOU TYPE IT IN, IT'S SMART911.COM. AND YOU CAN PUT

WHATEVER INFORMATION YOU WANT -- YOU DON'T HAVE TO BE DISABLED, BY THE

WAY. IF YOU HAVEN'T ALREADY DONE IT WITH YOUR CELL PHONE, I'D STRONGLY

RECOMMEND YOU DO IT. BUT IN THAT SYSTEM, YOU CAN PUT WHAT ADDITIONAL

INFORMATION YOU WANT. YOU CAN HAVE PICTURES OF THE PEOPLE THAT LIVE

IN YOUR HOUSE SO THE FIREMEN KNOW WHO THEY'RE LOOKING FOR. YOU CAN

PUT IN FOOD ALLERGIES OR MEDICATION ALLERGIES OR SPECIAL RESTRICTIONS OR

SPECIAL INFORMATION. YOU MOST ASSUREDLY CAN PUT IN ANY DISABILITIES.

AND THAT SYSTEM COSTS OUR LOCAL MUNICIPALITIES ABSOLUTELY NOTHING. SO,

WE HAVE A TECHNOLOGY THAT IS NOT A STATE-MANDATED EXPENSE ON THE

MUNICIPALITIES, THAT'S INTEGRATED DIRECTLY INTO THE 911 SYSTEM THAT

PROVIDES THIS INFORMATION AND MORE. SO RATHER THAN CREATE A

DUPLICATIVE LIST AT THE EXPENSE OF THE MUNICIPALITIES, LET'S ENCOURAGE

PEOPLE TO SIGN UP TO SMART911, PUT IN THEIR INFORMATION, INCLUDING IF

THEY HAVE A DISABILITY, AND RUN ONE SEAMLESS SYSTEM THAT IS THE MOST

EFFECTIVE COST-WISE AND EMERGENCY RESPONSE-WISE IN THIS STATE.

THANK YOU VERY MUCH, MR. SPEAKER. BECAUSE I DON'T

WANT TO HAVE DUPLICATIVE SYSTEMS, I WILL BE VOTING AGAINST THIS, WHILE

ENCOURAGING EVERYONE, INCLUDING EVERYONE IN THIS ROOM, TO GO ONLINE,

SMART911, FILL OUT THE INFORMATION, PROTECT YOUR FAMILY, MAKE SURE THE

911 DISPATCHERS HAVE ALL THE INFORMATION. THANK YOU VERY MUCH, SIR.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MAY 30, 2018

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

LIKE TO ASK MEMBERS OF THE INSURANCE COMMITTEE TO MAKE THEIR WAY TO

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

INSURANCE COMMITTEE.

ACTING SPEAKER AUBRY: INSURANCE

COMMITTEE, SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07283, CALENDAR NO.

509, DILAN, PEOPLES-STOKES, WEPRIN, MOSLEY. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO CLARIFYING THAT REASONABLE

ACCOMMODATION TO ENABLE A PERSON WITH A DISABILITY TO USE AND ENJOY A

DWELLING INCLUDES THE USE OF AN ANIMAL TO ALLEVIATE THE SYMPTOMS OR

EFFECTS OF A DISABILITY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DILAN. BUT WE WILL WAIT FOR A MINUTE BECAUSE WE ARE IN

MULTIPLE CONVERSATIONS ACROSS THE ROOM. WE'D LIKE THEM TO END.

PLEASE. GENTLEMEN, LADIES RIGHT HERE AT THE CORNER, PLEASE, OUT.

GENTLEMEN, TAKE YOUR SEATS. WAIT -- WAIT ONE MINUTE. STILL NOT QUITE

DONE ALL THE MOVEMENT. LET'S GET EVERYBODY OUT OF THE -- GO AHEAD,

MR. DILAN.

MR. DILAN: THANK YOU, MR. SPEAKER. CERTAINLY,

I'LL PROVIDE AN EXPLANATION. THE BILL WOULD SEEK TO CLARIFY THE INTENT OF

NYS ASSEMBLY MAY 30, 2018

HAVING A SERVICE ANIMAL TO ALLEVIATE THE SYMPTOMS OF A DISABILITY IN

DWELLING UNITS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

DILAN?

MR. DILAN: CERTAINLY, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: AS -- AS YOU KNOW, CURRENTLY UNDER

THE CIVIL RIGHTS LAW, SECTION 49(B), I THINK, IT IS A REQUIREMENT THAT

HOUSING ACCOMMODATE A SEEING EYE DOG, A CERTIFIED SERVICE DOG, A DOG

FOR HEARING-IMPAIRED OR OTHER SERVICE ANIMALS. THAT'S ALREADY IN

EXISTING LAW. SO I -- I UNDERSTAND THE PURPOSE OF THIS LAW IS TO EXPAND

IT BEYOND ANY OF THOSE DESIGNATED CATEGORIES?

MR. DILAN: WELL, IT'S ALSO TO CLARIFY A -- A COURT

DECISION THAT INCLUDED THE -- THE ACCOMMODATION OF SERVICE ANIMALS IN

-- IN -- IN HOUSING. IT'S IN THE MEMO.

MR. GOODELL: WELL, THE COURT DECISION YOU'RE

REFERRING TO DIDN'T EXCLUDE THE COVERAGE OF SERVICE ANIMALS BUT, RATHER,

HOW THAT THERE WAS INSUFFICIENT EVIDENCE TO JUSTIFY IN THAT PARTICULAR

CASE THAT THE ANIMAL WAS NECESSARY FOR THE HOUSING ACCOMMODATION.

ISN'T THAT CORRECT?

MR. DILAN: YES, BUT I THINK WHAT -- WHAT -- WHAT

WE'RE LOOKING TO DO IS TO -- TO ADD THIS SO THAT, WITHIN REASON,

NYS ASSEMBLY MAY 30, 2018

ACCOMMODATIONS FOR FOLKS WITH DISABILITIES CAN HAVE AN ANIMAL, WITHIN

REASON. AND I KNOW THE CONCERN ON YOUR SIDE MAY BE THAT THE

LANGUAGE IS WRITTEN AS SUCH WHERE YOU CAN HAVE TYPES OF EXOTIC

ANIMALS THAT WOULD BE CONSIDERED UNREASONABLE, AND THAT WOULDN'T BE

PERMITTED UNDER -- UNDER THIS BILL. SO WE -- WE STRESS THAT THE FACT THAT

IT'S REASONABLE, WITHIN A REASONABLE REQUEST AND DOESN'T CAUSE AN UNDUE

HARDSHIP ON THE REST OF THE DWELLING UNIT AND THE TENANTS.

MR. GOODELL: NOW, OF COURSE, UNDER CURRENT LAW,

IF YOU NEED AN ANIMAL AS A NECESSARY ACCOMMODATION, SUCH AS A SEEING

EYE DOG OR A SERVICE DOG, THAT'S ALREADY COVERED UNDER CURRENT LAW. SO

THIS EXPANDS CURRENT LAW BY SAYING TO INCLUDE THE USE OF, QUOTE, "... AN

ANIMAL AS A REASONABLE ACCOMMODATION TO ALLEVIATE SYMPTOMS." IS

THERE ANY RESTRICTION ON THE TYPE OF ANIMAL?

MR. DILAN: YES. THE UNREASONABLE ANIMALS WOULD

NOT BE PERMITTED. I -- I GUESS IT WOULD BE LEFT TO INTERPRETATION, WHICH I

THINK WOULD BE YOUR -- YOUR PROBLEM. BUT I THINK THAT WE CAN LET THE

FOLKS THAT HANDLE THIS DECIDE WHAT -- WHAT REASON MAY BE.

MR. GOODELL: WELL, AS YOU KNOW, THERE'S BEEN A

LOT OF CONTROVERSY LATELY OVER THE AIRLINES.

MR. DILAN: YES.

MR. GOODELL: AND THE -- AND THE PROBLEM WITH

THE AIRLINES WITH PEOPLE BRINGING ON THEIR PET PIGS OR CHICKENS.

MR. DILAN: YEAH, CHICKENS CAME UP LAST WEEK.

MR. GOODELL: YEAH. OR OTHER ANIMALS. AND

WHILE IT MAY ALLEVIATE THAT PARTICULAR PASSENGER'S ANXIETY ABOUT FLYING,

NYS ASSEMBLY MAY 30, 2018

IT CREATES OTHER PROBLEMS FOR ALL THE OTHER PASSENGERS. MANY OF OUR

HOUSING UNITS, AS YOU KNOW, RESTRICT PETS BOTH FROM THE PERSPECTIVE OF

THE DAMAGE THAT A PET CAN DO TO A DWELLING UNIT, BUT ALSO BECAUSE

NEIGHBORS DON'T WANT TO BE AWAKENED IN THE MIDDLE OF THE NIGHT WITH A

BARKING DOG OR SOMETHING ALONG THOSE LINES. AND UNDER CURRENT LAW, IF

YOU NEED A -- A -- A SERVICE ANIMAL, SERVICE ANIMALS ARE ALREADY

COVERED. SO THIS BILL ONLY APPLIES TO ANIMALS THAT ARE NOT SERVICE

ANIMALS. I MEAN, THAT'S WHAT THIS EXPANDS IT. WHAT RESTRICTIONS IN THIS

LAW REQUIRE ANYTHING OF THE ANIMAL? IN OTHER WORDS, UNDER THE CIVIL

RIGHTS LAW, IN ORDER TO BE A SERVICE ANIMAL, LIKE A SEEING EYE DOG, THE

DOG HAS TO BE TRAINED. IT HAS TO BE UNDER THE CONTROL OF THE OWNER. A --

A SERVICE DOG HAS TO BE -- YOU HAVE TO CERTIFY THAT THE ANIMAL IS

HOUSEBROKEN, IF YOU WILL. ARE THERE ANY OF THOSE REQUIREMENTS IN THIS

BILL?

MR. DILAN: SO THIS -- THIS IS AN EXPANSION OF SORTS.

YOU KNOW, FOR -- FOR A SEEING EYE DOG, AS YOU REFERRED TO, YOU -- YOU

OBVIOUSLY HAVE TO HAVE THE NEED OF A SEEING EYE DOG. BUT FOR OTHER

FOLKS WHO -- WHO HAVE OTHER DISABILITIES AND DON'T NECESSARILY NEED A

SEEING EYE DOG, PER SE, THIS WOULD ALLOW -- THIS ACCOMMODATION WOULD

ALLOW FOR THOSE TYPE OF ANIMALS TO BE PERMITTED. BUT, AGAIN, IF -- IF THE

-- THE ANIMAL IS CONSIDERED TO CON -- CON -- CONSIDERED TO BE AN UNDUE

HARDSHIP ON THE UNIT OR THE REST OF THE ACCOMMODATION, IT -- IT DOESN'T

HAVE TO BE ADMITTED. BUT IT IS AN EXPANSION TO ALLOW OTHER ANIMALS,

WITHIN REASON, TO HELP THE DISABLED.

MR. GOODELL: THANK YOU VERY MUCH. I

NYS ASSEMBLY MAY 30, 2018

APPRECIATE YOUR COMMENTS.

ON THE BILL.

MR. DILAN: THANK YOU, MR. GOODELL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I CERTAINLY APPRECIATE THE -- THE

COMMENTS AND -- AND THE DESIRE OF MY COLLEAGUE TO MAKE IT POSSIBLE

FOR MORE ANIMALS TO LIVE IN HOUSING UNITS WHERE PETS ARE NOT GENERALLY

ALLOWED. I WOULD POINT OUT, HOWEVER, THAT THE CURRENT LAW IS ALREADY

VERY CLEAR ON THIS SUBJECT, AND THE CURRENT LAW IS VERY CLEAR UNDER THE

CIVIL RIGHTS LAW THAT GUIDE DOGS, HEARING DOGS, SERVICE DOGS ARE

ALREADY PERMITTED IN ANY HOUSING UNIT. THAT'S UNDER STATE LAW. AND

UNDER FEDERAL LAW, THERE'S ALSO ADDITIONAL PROTECTIONS THAT DEAL WITH

SERVICE DOGS OR SERVICE ANIMALS. THE PROBLEM WITH THIS BILL IS NOT THE

CONCEPT, FOR WHICH I -- I'M SUPPORTIVE, BUT THE FACT THAT THIS SAYS THAT

ANY ANIMAL, ANY ANIMAL, EVEN IF IT'S NOT NECESSARY FOR YOU TO ENJOY THE

ACCOMMODATION OR NECESSARY FOR YOU TO LIVE THERE, ANY ANIMAL THAT

MIGHT ALLEVIATE SOME SYMPTOM, UNDEFINED, MUST BE ALLOWED IN A

HOUSING UNIT. AND SO, THERE'S NO RESTRICTIONS. IT COULD BE A MINIATURE

PONY. IT COULD BE A CAT, NICE AND QUIET. IT COULD BE A BIRD OR A CHICKEN,

WHICH IS NOISY FOR THOSE OF YOU WHO DIDN'T REALIZE IT. ROOSTERS LIKE TO

GET UP AT THE CRACK OF DAWN. IT COULD BE A DOG THAT'S NOT TRAINED IN ANY

WAY, A NON-SERVICE ANIMAL. SO YOU GOT THE RIGHT IDEA. WE WANT TO BE

ACCOMMODATING, FOR SURE. BUT THE LANGUAGE OUGHT TO BE CLEAR THAT

WE'RE TALKING ABOUT SERVICE ANIMALS, TRAINED ANIMALS, ANIMALS THAT

NYS ASSEMBLY MAY 30, 2018

AREN'T GOING TO BE A PROBLEM FOR THE OTHER NEIGHBORS IN THE BUILDING

BECAUSE THEY'RE PROPERLY TRAINED AND THEY'RE DIRECTLY RELATED TO THE

DISABILITY.

THANK YOU VERY MUCH, SIR.

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. A10201, CALENDAR NO.

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

TO ESTABLISHING AND MAINTAINING AN EMERGENCY EVACUATION PLAN FOR

INDIVIDUALS WITH DISABILITIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. SKOUFIS.

(PAUSE)

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY MAY 30, 2018

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

LIKE TO ASK MEMBERS OF THE LABOR COMMITTEE TO MAKE THEIR WAY TO THE

SPEAKER'S CONFERENCE ROOM ALONG WITH MS. TITUS. MEMBERS OF THE

LABOR COMMITTEE, SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: LABOR COMMITTEE,

SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

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

LIKE TO DETAIL THE NEXT FOUR BILLS THAT I'D LIKE AS PART OF OUR CONTINUING

PACKAGE OF BILLS ON DISABILITY AWARENESS DAY, BEGINNING WITH MR.

CUSICK'S CALENDAR NO. 942, WHICH IS ON PAGE 4. FOLLOWED BY NO. 967

BY MR. MCDONALD, WHICH IS ON PAGE 9. AND FOLLOWING THAT, CALENDAR

NO. 968 BY MR. LAVINE ALSO, ON PAGE 9. AND THEN STAYING ON THAT SAME

PAGE, CALENDAR NO. 970 BY MR. SKOUFIS.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01369-A, CALENDAR

NO. 942, CUSICK, LUPARDO, MCDONALD, FINCH, CROUCH, BLANKENBUSH,

COLTON, MALLIOTAKIS, WEPRIN, HUNTER. AN ACT TO AMEND THE TAX LAW,

IN RELATION TO ESTABLISHING A SMALL BUSINESS TAX CREDIT FOR THE

EMPLOYMENT OF DISABLED PERSONS; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

NYS ASSEMBLY MAY 30, 2018

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.)

ACTING SPEAKER PICHARDO: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

LIKE TO JUST PAUSE FOR A MOMENT TO INTRODUCE SOME DISTINGUISHED GUESTS

OF MINE AND THE MEMBERS OF THE MONROE COUNTY DELEGATION. I'M

DELIGHTED TO HAVE IN THE CHAMBER A -- A CLOSE AND DEAR FRIEND OF MINE,

WHO IS THE SHERIFF OF MONROE COUNTY, WAS JUST ELECTED AND BEGAN

SERVICE IN JANUARY. SHERIFF TODD BAXTER, WHO IS A FORMER U.S. ARMY,

DISTINGUISHED LONGTIME CAREER IN LAW ENFORCEMENT, SERVED AS THE HEAD

OF THE VETERANS OUTREACH CENTER IN OUR COMMUNITY AND, AS I SAID,

BEGAN JANUARY 1ST A TERM AS MONROE COUNTY SHERIFF. HE'S A GREAT

FRIEND AND A GREAT LEADER. HE'S JOINED TODAY BY HIS UNDERSHERIFF KOREY

BROWN; COUNSEL TO THE SHERIFF, PAUL CIMINELLI; AND SERGEANT DANIEL

WOODWARD. THEY ARE JUST AN OUTSTANDING GROUP OF INDIVIDUALS, AND I

COULD NOT BE MORE HAPPY THAT THEY'VE JOINED US IN THE CHAMBER TO

OBSERVE OUR LEGISLATIVE PROCEEDINGS. AND IF YOU'D PLEASE EXTEND ALL THE

CORDIALITIES OF THE HOUSE TO THIS DISTINGUISHED GROUP.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER PICHARDO: CERTAINLY, MR.

MORELLE. ON BEHALF OF MR. MORELLE, MR. BRONSON, MR. GANTT, THE

SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE DISTINGUISHED GENTLE

-- GENTLEMEN TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR AND, AGAIN, WE THANK YOU FOR YOUR SERVICE TO THE

PEOPLE OF MONROE COUNTY, BUT ALSO TO THE PEOPLE OF THE STATE OF NEW

YORK. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10604, CALENDAR NO.

967, MCDONALD. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION

TO MEDICAID REIMBURSEMENT FOR COMPLEX REHABILITATION TECHNOLOGY FOR

PATIENTS WITH COMPLEX MEDICAL NEEDS.

ACTING SPEAKER PICHARDO: MR. GOODELL.

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

THE SPONSOR YIELD?

MR. MCDONALD: YES.

ACTING SPEAKER PICHARDO: THE SPONSOR

YIELDS.

MR. GOODELL: LAST YEAR, MR. MCDONALD, THE

ASSEMBLY VOTED 141 TO 2 IN FAVOR OF THIS BILL THAT WOULD AUTHORIZE

MEDICAID REIMBURSEMENT FOR A COMPLEX REHABILITATION TECHNOLOGY. SO,

YOUR BILL HAD OVERWHELMING SUPPORT IN THIS CHAMBER. UNFORTUNATELY,

THE BILL WAS VETOED.

MR. MCDONALD: YUP.

NYS ASSEMBLY MAY 30, 2018

MR. GOODELL: HAS THE BILL CHANGED ANY SINCE --

SINCE WE ADOPTED IT OVERWHELMINGLY LAST YEAR?

MR. MCDONALD: IT ONLY HAS A NEW BILL NUMBER.

MR. GOODELL: AND IS IT -- HAVE YOU HEARD FROM

THE GOVERNOR WHETHER OR NOT HE'S RECONSIDERED THE WISDOM OF THIS BILL

YET?

MR. MCDONALD: I HAVE NOT HEARD FROM THE

GOVERNOR. I RECEIVED HIS MESSAGE, HIS VETO MESSAGE, LAST YEAR.

HONESTLY, I DON'T AGREE WITH THE VETO MESSAGE. I THINK THERE'S MAYBE A

LACK OF INFORMATION ON EXACTLY HOW THE PROCESS WORKS OUT, SO I'M

HOPING WITH ANOTHER OVERWHELMING RESULT THIS YEAR THAT WE CAN USE IT

AS AN OPPORTUNITY TO EDUCATE AND, HOPEFULLY, GET THIS BILL PASSED.

MR. GOODELL: WELL, I WISH YOU THE BEST OF LUCK.

THANK YOU VERY MUCH, MR. MCDONALD. THANK YOU, MR. SPEAKER.

MR. MCDONALD: THANK YOU.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

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

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER FERNANDEZ: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MAY 30, 2018

THE CLERK: ASSEMBLY NO. A10668, CALENDAR NO.

968, LAVINE. AN ACT TO AMEND THE TAX LAW, IN RELATION TO PROVIDING A

TAX CREDIT FOR UNIVERSAL VISITABILITY; AND PROVIDING FOR THE REPEAL OF

SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER FERNANDEZ: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER FERNANDEZ: DOES THE

SPONSOR YIELD?

MR. LAVINE: YES.

MR. GOODELL: MR. LAVINE, THIS SEEMS TO BE A

GREAT BILL, TALKING ABOUT UNIVERSAL VISIBILITY. VISITABILITY.

MR. LAVINE: VISITABILITY, YES.

MR. GOODELL: WHAT IS UNIVERSAL VISITABILITY?

MR. LAVINE: SO, VISITABILITY, OR UNIVERSAL

VISITABILITY, REPRESENTS A MEASURE OF A PARTICULAR LOCATION'S EASE OF

ACCESS FOR PEOPLE WHO HAVE DIFFICULTY WALKING OR PEOPLE WHO ARE IN

WHEELCHAIRS OR WALKERS.

MR. GOODELL: AND THIS APPLIES NOT JUST TO THE

OWNERS OR OCCUPANTS, BUT TO ANYONE WHO MIGHT WANT TO VISIT?

MR. LAVINE: PRECISELY, YES.

MR. GOODELL: HENCE, THE PHRASE "VISITABILITY."

MR. LAVINE: I -- I THINK SO, ANDY.

MR. GOODELL: LAST YEAR WHEN THIS CAME UP, IT

WAS APPROVED UNANIMOUSLY --

NYS ASSEMBLY MAY 30, 2018

MR. LAVINE: YES.

MR. GOODELL: -- WITH NO DISSENT WHATSOEVER, BUT

IT WAS VETOED BY THE GOVERNOR. HAS THERE BEEN ANY CHANGE IN THE

LEGISLATION SINCE THE GOVERNOR VETOED IT?

MR. LAVINE: ACTUALLY, THERE HAS BEEN LITTLE, IF ANY,

CHANGE.

MR. GOODELL: AND HAVE YOU RECEIVED ANY

CORRESPONDENCE OR COMMUNICATION FROM THE GOVERNOR INDICATING THAT

HE WOULD LIKE TO RECONSIDER THIS?

MR. LAVINE: NOT EXACTLY. AND SO NOW YOU'RE

GOING TO ASK ME WHAT DO I MEAN BY "NOT EXACTLY." MAYBE.

MR. GOODELL: WHAT DO YOU MEAN BY "NOT

EXACTLY?"

(LAUGHTER)

MR. LAVINE: WELL, THE VETO MESSAGE INDICATED THE

GOVERNOR HAD CONCERNS, EVEN THOUGH IT HAS A -- A PRICE TAG OF

$1 MILLION STATEWIDE, CONCERNS WERE THIS -- THIS SHOULD PROBABLY BE IN

THE BUDGET, AND SECONDLY, THE BILL CONTEMPLATES THE DEPARTMENT OF

STATE SETTING UP SOME REGULATIONS FOR THE WAY IN WHICH PEOPLE WOULD

BE ABLE TO GET THEIR TAX CREDITS. NOW, NOWHERE, AFTER A CAREFUL,

LAWYERLY READING OF THAT VETO MESSAGE DID THE GOVERNOR SAY, LAVINE,

UNDER NO CIRCUMSTANCES ARE YOU EVER TO REINTRODUCE THIS BILL AGAIN,

EVEN WITHOUT CHANGES.

MR. GOODELL: IS IT YOUR VIEW THAT THE STATE, WITH

$150 BILLION-PLUS BUDGET, CAN COME UP WITH $1 MILLION TO COVER THIS?

NYS ASSEMBLY MAY 30, 2018

MR. LAVINE: I THINK YOU HAVE ANSWERED THAT

QUESTION BY ASKING IT, MY FRIEND.

MR. GOODELL: AND SO, THE PURPOSE OF US

RECONSIDERING THIS IS TO GIVE THE GOVERNOR ANOTHER OPPORTUNITY TO

RECONSIDER IT HIMSELF?

MR. LAVINE: THAT, AND ALSO TO KEEP THIS IMPORTANT

CONCEPT -- AND IT IS AN IMPORTANT CONCEPT -- OFF THE BACK BURNER.

MR. GOODELL: WELL, GOOD LUCK, SIR.

MR. LAVINE: THANK YOU.

MR. GOODELL: THANK YOU VERY MUCH, MADAM

SPEAKER.

ACTING SPEAKER FERNANDEZ: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER FERNANDEZ: 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: MADAM SPEAKER, THANK YOU. I

WOULD LIKE TO ASK MEMBERS OF THE RACING AND WAGERING COMMITTEE TO

MEET IN THE SPEAKER'S CONFERENCE ROOM. MR. PRETLOW WOULD LIKE TO

HAVE RACING AND WAGERING IN THE SPEAKER'S CONFERENCE ROOM.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER FERNANDEZ: RACING AND

WAGERING IN THE SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10706, CALENDAR NO.

970, SKOUFIS. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

ESTABLISHING THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 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.

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: THANK YOU, SIR. ON PAGE 3 OF THAT

A-CALENDAR IS RULES REPORT NO. 33 BY MR. ABBATE. I WOULD LIKE TO

TAKE IT UP ON CONSENT.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10606, RULES REPORT

NO. 33, ABBATE, ROZIC. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN

RELATION TO COMPENSATION, BENEFITS AND OTHER TERMS AND CONDITIONS OF

EMPLOYMENT OF CERTAIN STATE OFFICERS AND EMPLOYEES; TO AUTHORIZE

FUNDING OF JOINT LABOR MANAGEMENT COMMITTEES; TO IMPLEMENT

AGREEMENTS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION; MAKING

AN APPROPRIATION THEREFOR; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW

RELATING THERETO.

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 VOTES.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

LIKE TO ASK MEMBERS OF THE SOCIAL SERVICES COMMITTEE TO JOIN MR.

HEVESI IN THE SPEAKER'S CONFERENCE ROOM. SOCIAL SERVICES IN THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: SOCIAL SERVICES,

SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

NYS ASSEMBLY MAY 30, 2018

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

COULD GIVE THE NEXT THREE BILLS THAT I WOULD LIKE TO TAKE UP IN THIS ORDER

OFF THE DEBATE LIST: I WOULD LIKE TO BEGIN WITH CALENDAR NO. 758,

WHICH IS ON PAGE 75 BY MR. RAMOS. I WOULD LIKE TO FOLLOW THAT UP

WITH CALENDAR NO. 806 BY MS. DE LA ROSA, WHICH IS ON PAGE 78. AND

THEN STAYING ON PAGE 78, IF WE COULD TAKE UP CALENDAR NO. 807 BY MR.

GOTTFRIED.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: SENATE BILL NO. S07316, CALENDAR NO.

758, LITTLE (A09039, RAMOS, LUPARDO, STECK, JEAN-PIERRE). AN ACT TO

REPEAL CERTAIN PROVISIONS OF THE PRIVATE HOUSING FINANCE LAW AND THE

TAX LAW RELATING TO THE NEW YORK STATE FIRST HOME SAVINGS PROGRAM;

AND TO STUDY THE IMPACTS OF A FIRST HOME SAVINGS PROGRAM.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THANK YOU VERY MUCH. LAST YEAR

WE OVERWHELMINGLY APPROVED A BILL TO ASSIST HOMEOWNERS IN THE STATE

OF NEW YORK BY CREATING THE FIRST HOME SAVINGS PROGRAM THAT

ENABLED HOMEOWNERS TO MAKE A $5,000 TAX DEDUCTIBLE GIFT -- "SET

ASIDE", IF YOU WILL. IF THEY'RE AN INDIVIDUAL, $10,000. IF THEY WERE A

COUPLE INTO A FIRST HOME SAVINGS PROGRAM, THAT -- THEY COULD THEN USE

TO COVER THE DOWN PAYMENT SOME OF THE CLOSING EXPENSES. AND IT --

THAT BILL IS PASSED OVERWHELMINGLY IN THIS LEGISLATURE BECAUSE I THINK

EVERYONE IN THIS LEGISLATURE RECOGNIZES THE IMPORTANCE OF

NYS ASSEMBLY MAY 30, 2018

HOMEOWNERSHIP AND WANTED TO SPONSOR THAT TYPE OF PROGRAM.

UNFORTUNATELY, THE GOVERNOR -- WELL, HE SIGNED THE BILL -- THAT'S GOOD

NEWS -- SAID THERE WERE TECHNICAL AMENDMENTS THAT NEEDED TO BE MADE.

AND THE TECHNICAL AMENDMENTS THAT NEEDED TO BE MADE RESULTED IN THIS

BILL, WHICH ELIMINATES THE PROGRAM. BASICALLY, IT EVISCERATES THE ENTIRE

PURPOSE AND INTENT OF THE BILL. SO WHILE WE SET UP A HOME SAVINGS PLAN

LAST YEAR AND THE GOVERNOR SIGNED IT, HE SIGNED IT ON THE CONDITION THAT

WE ELIMINATE IT THIS YEAR. I CERTAINLY SUPPORT THE OBJECTIVE OF MR.

RAMOS, AND -- AND -- AND I CONTINUE TO SUPPORT HIS OBJECTIVES TO

ENCOURAGE HOMEOWNERSHIP, BUT I URGE MY COLLEGE -- COLLEAGUES TO VOTE

NO ON THE BILL THAT COMPLETELY EVISCERATES THE FIRST HOME SAVINGS

PROGRAM THAT WE APPROVED LAST YEAR.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

LIKE TO ASK MEMBERS OF THE TOURISM COMMITTEE TO JOIN MR. O'DONNELL

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

NYS ASSEMBLY MAY 30, 2018

CONFERENCE ROOM.

ACTING SPEAKER AUBRY: TOURISM COMMITTEE,

SPEAKER'S CONFERENCE ROOM. MR. O'DONNELL AWAITS YOU.

THE CLERK WILL READ.

THE CLERK: SENATE BILL NO. S07322, CALENDAR NO.

806, ALCANTARA (A08961, DE LA ROSA, WEPRIN, ABINANTI). AN ACT TO

AMEND THE MENTAL HYGIENE LAW, IN RELATION TO THE PREVENTION OF

SUICIDE; AND TO AMEND A CHAPTER OF THE LAWS OF 2017, AMENDING THE

MENTAL HYGIENE LAW RELATING TO ESTABLISHING THE ADOLESCENT SUICIDE

PREVENTION ADVISORY COUNCIL, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS

S.5500-C AND A.7225-B, IN RELATION TO THE EFFECTIVENESS THEREOF; AND

REPEALING SECTION 41.56 OF THE MENTAL HYGIENE LAW RELATING THERETO.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. RA TO EXPLAIN HIS VOTE.

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

LIKE A NUMBER OF THE OTHER BILLS WE'VE DISCUSSED, THIS IS AN -- A CHAPTER

AMENDMENT. CERTAINLY A -- A WELL-MEANING PIECE OF LEGISLATION, ONE

THAT PASSED THIS HOUSE UNANIMOUSLY LAST YEAR, DEALING WITH A VERY

SENSITIVE SUB -- SUBJECT OF ADOLESCENT SUICIDE, AND IT CREATED AN

ADOLESCENT SUICIDE PREVENT -- PREVENTION COUNCIL. UNFORTUNATELY, THE

GOVERNOR HAS DECIDED THAT THAT WAS INEFF -- OR DIFFICULT TO IMPLEMENT,

NYS ASSEMBLY MAY 30, 2018

AND IS INSISTING ON THIS CHAPTER AMENDMENT THAT GETS RID OF THAT

COUNCIL, AND IS TRYING TO, I GUESS, HAVE SOME ADDITIONAL ATTENTION PAID

TO, YOU KNOW, THAT SPECIFIC POPULATION WITH REGARD TO SUICIDE

PREVENTION WITHIN SOME OF THE EXISTING PROGRAMS. SO, LIKE SOME OF THE

OTHER BILLS, YOU KNOW, THE LEGISLATURE HAS A LEGISLATIVE PREROGATIVE TO --

TO TRY TO ADDRESS ISSUES. THIS IS OBVIOUSLY A SERIOUS ISSUE, PARTICULARLY

WITH OUR YOUTH, AT A TIME WHEN, YOU KNOW, WE'VE SEEN FAR TOO MUCH OF

YOUNG PEOPLE WHO, WHETHER IT'S BECAUSE OF BULLYING IN PERSON OR

BULLYING ONLINE, YOU KNOW, SEE -- SEE NO OTHER WAY OUT AND,

UNFORTUNATELY, YOU KNOW, TAKE THE STEP OF TAKING THEIR OWN LIFE. SO, I

-- I COMMEND THE SPONSOR FOR HER WORK ON THIS ISSUE, BUT -- BUT I THINK

WE WOULD BE BETTER SERVED WITH THE ORIGINAL VERSION OF THIS TO HAVE A

COUNCIL THAT SPECIFICALLY FOCUSES ON ADOLESCENT SUICIDE PREVENTION.

JUST SOMETHING FOR PEOPLE TO BE AWARE OF WHEN CASTING THEIR VOTE.

I AM GOING TO RELUCTANTLY SUPPORT THE BILL, BECAUSE I

HAVE GREAT RESPECT FOR THE SPONSOR AND HER WORK ON THIS ISSUE, BUT I

THINK PERHAPS WE CAN MOVE FORWARD AND FIND ANOTHER WAY TO -- TO

CREATE SOME TYPE OF ENTITY THAT WILL FOCUS ON THIS SPECIFIC PROBLEM.

THANK YOU.

ACTING SPEAKER AUBRY: MS. DE LA ROSA TO

EXPLAIN HER VOTE.

MS. DE LA ROSA: THANK YOU, MR. SPEAKER. SO,

THE ORIGINAL MOTIVATION BEHIND THIS LEGISLATION WAS THE WORK THAT WAS

DONE WITH THE PUERTO RICAN AND LATINO TASK FORCE, HISPANIC TASK

FORCE, EARLIER THIS YEAR. NOW OUR COLLEAGUE IN THE SENATE, LUIS

NYS ASSEMBLY MAY 30, 2018

SEPULVEDA, MYSELF, THE CHAIRMAN OF THE TASK FORCE AND THE MEMBERS

SAW IT FIT -- FITTING FOR US TO -- TO CONTINUE AND TO DELVE INTO WHY YOUTH,

PARTICULARLY YOUTH OF COLOR -- LATINA GIRLS AND BLACK BOYS WERE

COMITTING SUICIDE AT HIGHER RATES AND AT GROWING RATES THROUGHOUT OUR

STATE. SO THE IMPETUS FOR THIS BILL WAS TO STUDY THAT PHENOMENON, AND

ALSO TO CREATE SOLUTIONS FOR THIS PROBLEM IN OUR COMMUNITY. AS MY

COLLEAGUE SO RIGHTFULLY STATED, IT'S SOMETHING THAT WE MUST BRING

SOLUTIONS FOR. SO A CHAPTER AMENDMENT WAS MADE TO EXPAND THAT

SCOPE IN ORDER TO MAKE SURE THAT OUR LGBTQ YOUTH ARE ALSO INCLUDED,

THAT VETERANS ARE INCLUDED, AND THAT IT WOULD BE MORE HOLISTIC APPROACH

TO FINDING SOLUTIONS THROUGHOUT OUR STATE.

SO I ASK MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE, AND

I STATE AND REINSTATE MY COMMITMENT TO MAKING SURE THAT SUICIDE IS

ERADICATED IN OUR COMMUNITIES, AND ESPECIALLY AMONG -- AMONGST OUR

CHILDREN. THANK YOU. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. DE LA ROSA IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: SENATE BILL NO. S07328, CALENDAR NO.

807, SENATOR ORTT (A09004, GOTTFRIED). AN ACT TO AMEND THE SOCIAL

SERVICES LAW, IN RELATION TO NOTICE OF DETERMINATION OF ELIGIBILITY FOR

MEDICAL ASSISTANCE; AND TO REPEAL SECTION 1 OF A CHAPTER OF THE LAWS OF

2017, AMENDING THE SOCIAL SERVICES LAW RELATING TO NOTICE OF

NYS ASSEMBLY MAY 30, 2018

DETERMINATION OF ELIGIBILITY FOR MEDICAL ASSISTANCE, AS PROPOSED IN

LEGISLATIVE BILLS NUMBERS S.1241-A AND A.5175-A, RELATING THERETO.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. THIS BILL REQUIRES THE TAXPAYERS TO PAY FOR A BROCHURE THAT

ADVISES PEOPLE WHO ARE APPLYING FOR PUBLIC BENEFITS ON HOW THEY CAN

SHELTER THEIR INCOME OR ASSETS IN ORDER TO QUALIFY FOR MORE BENEFITS.

WHILE I CERTAINLY UNDERSTAND THE DESIRE OF SOME PEOPLE TO MAXIMIZE

THE AMOUNT OF MONEY THEY CAN GET FROM THE GOVERNMENT, IT DOES SEEM

SOMEWHAT IRONIC THAT WE'RE ASKING TAXPAYERS TO PAY FOR A BROCHURE TO

TELL PEOPLE HOW TO MAXIMIZE THEIR ABILITY TO COLLECT FROM THE

GOVERNMENT, AND IT FLIES IN THE FACE OF A GENERAL PHILOSOPHY THAT PEOPLE

OUGHT TO DO THE BEST THEY CAN TO COVER THEIR OWN EXPENSES RATHER THAN

LOOK TO THE GOVERNMENT FIRST. SO I CERTAINLY UNDERSTAND THE DESIRE TO

MAKE SURE EVERYONE KNOWS ALL THE BENEFITS THAT ARE AVAILABLE TO THEM,

BUT I DO THINK WE SHOULD START FROM THE PREMISE THAT PEOPLE SHOULD BE

EXPECTED TO COVER THEIR OWN EXPENSES FIRST AND WE SHOULDN'T ASK THE

TAXPAYERS TO TELL PEOPLE HOW TO HIDE -- SHELTER, NOT HIDE -- SHELTER THEIR

ASSETS TO QUALIFY FOR MORE BENEFITS.

NYS ASSEMBLY MAY 30, 2018

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

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

LIKE TO NOW TAKE UP CALENDAR NO. 535 BY MS. ROSENTHAL, WHICH IS ON

PAGE 61 OF THE MAIN CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07615-A, CALENDAR

NO. 535, L. ROSENTHAL, COLTON, PAULIN, ARROYO, BARRON, CARROLL,

BRINDISI, STECK, HOOPER, WALKER, RAMOS, ABINANTI, HYNDMAN,

JEAN-PIERRE, DICKENS, PEOPLES-STOKES, SEAWRIGHT, RYAN, ORTIZ,

DE LA ROSA, FAHY, BENEDETTO, GLICK, PERRY, D'URSO, RAIA, GARBARINO,

DINOWITZ, RICHARDSON, OTIS, GOTTFRIED, ROZIC, CUSICK, SIMON,

WOERNER, MOSLEY, BUCHWALD, WALLACE, AUBRY, SKOUFIS, PELLEGRINO,

BICHOTTE, QUART, GALEF, STIRPE, LUPARDO, CRESPO, SANTABARBARA,

MURRAY, WILLIAMS, M.L. MILLER, WEPRIN, B. MILLER, TAYLOR, NORRIS,

DAVILA. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ENACTING THE

"SAVE NEW YORK CALL CENTER JOBS ACT."

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: THIS BILL, WHICH IS CALLED THE

"SAVE NEW YORK CALL CENTERS JOB ACT," REQUIRES PRIOR NOTICE OF

NYS ASSEMBLY MAY 30, 2018

RELOCATION OF CALL CENTER JOBS FROM NEW YORK STATE TO A FOREIGN

COUNTRY, AND DIRECTS THE COMMISSIONER OF LABOR TO MAINTAIN A LIST OF

EMPLOYERS WHO MOVE CALL CENTERS JOBS, PROHIBITS LOANS OR GRANTS FOR

THOSE COMPANIES THAT MOVE OUT OF THE COUNTRY.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

ROSENTHAL?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.

MR. GOODELL: THANK YOU, MS. ROSENTHAL. AM I

CORRECT THIS BILL ALSO REQUIRES THAT ANY NEW YORK STATE BUSINESS

INVOLVING CALL CENTERS BE JUST WITH NEW YORK STATE-BASED CALL CENTERS?

MS. ROSENTHAL: I COULDN'T HEAR YOU. SAY IT

AGAIN.

MR. GOODELL: THIS BILL ALSO STATES THAT NEW YORK

STATE AGENCIES THAT USE THE SERVICES OF A CALL CENTER WOULD ONLY BE

ALLOWED TO USE A NEW YORK STATE-BASED CALL CENTER, CORRECT?

MS. ROSENTHAL: YES.

MR. GOODELL: IN MY DISTRICT WE HAVE A VERY

SUCCESSFUL CALL CENTER. THE VAST MAJORITY OF ITS BUSINESS COMES FROM

OTHER STATES AND OTHER BUSINESSES OUTSIDE NEW YORK STATE. IF THE OTHER

STATES IMPLEMENTED A SIMILAR PROVISION, THIS WOULD PUT OUR CALL CENTER

OUT OF BUSINESS. SINCE THERE ARE 49 OTHER STATES AND ONLY ONE NEW

NYS ASSEMBLY MAY 30, 2018

YORK STATE, WOULDN'T IT BE BETTER BUSINESS IF WE WANT TO PROMOTE NEW

YORK STATE BUSINESSES THAT WE DISCOURAGE THIS TYPE OF RESTRICTION?

MS. ROSENTHAL: WE'RE TALKING ABOUT OFFSHORE TO

FOREIGN COUNTRIES, AND --

MR. GOODELL: I'M REFERENCING PARTICULARLY LINE 48

ON PAGE 2.

MS. ROSENTHAL: OKAY. WELL, THE OTHER --

MR. GOODELL: DEALING WITH PROCUREMENT

CONTRACTS.

MS. ROSENTHAL: -- THING IS YOU -- YOU ASKED ME

ABOUT OTHER STATES, AND LOUISIANA JUST PASSED A BILL WHICH IS AWAITING

THE GOVERNOR'S SIGNATURE, THAT WOULD CLAW BACK ANY TAX BREAKS TO

COMPANIES THAT DO ANY BUSINESS OVERSEAS. SO, YOU --

MR. GOODELL: MY -- MY APOLOGIES, MS. --

MS. ROSENTHAL: -- ASKED ABOUT -- WAIT, LET ME

FINISH. SO YOU ASKED ABOUT --

MR. GOODELL: WELL, I --

MS. ROSENTHAL: -- OTHER --

MR. GOODELL: NO, IT WAS ONLY -- I WAS ONLY --

ACTING SPEAKER AUBRY: PLEASE.

MR. GOODELL: I APOLOGIZE, MR. SPEAKER.

APPARENTLY, MY QUESTION WASN'T CLEAR. I WAS REFERENCING SECTION 773

OF YOUR PROPOSED BILL LANGUAGE STARTING ON LINE 45. SO I'M NOT TALKING

ABOUT THE CALL BACK PROVISIONS -- THE CLAW BACK PROVISIONS, I'M TALKING

ABOUT THE PROVISION THAT WOULD REQUIRE WHAT --

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: WHAT --

MR. GOODELL: -- NEW YORK STATE ONLY CONTRACT

WITH NEW YORK STATE-BASED CALL CENTERS. MY CONCERN IS --

ACTING SPEAKER AUBRY: MR. GOODELL, WHY

DON'T WE LET HER FIND THE SECTION AND THEN YOU CAN...

MR. GOODELL: CERTAINLY.

ACTING SPEAKER AUBRY: RIGHT. SINCE SHE IS

WITHOUT COUNSEL AT THE MOMENT.

MS. ROSENTHAL: YOU KNOW, IF YOU -- IF YOU WANT

TO SAY YOUR POINT, YOU CAN SAY YOUR POINT AND I WILL ANSWER YOU, AS I

WAS TRYING TO DO EARLIER.

MR. GOODELL: OKAY. SO MY CONCERN IS THIS: IF

OTHER STATES ENACTED A PROVISION THAT SAID THAT THEIR STATE BUSINESS

WOULD ONLY GO TO CALL CENTERS WITHIN THEIR STATE, THAT COULD HAVE A VERY

SERIOUS NEGATIVE IMPACT ON NEW YORK STATE CALL CENTERS THAT CURRENTLY

DO BUSINESS FOR OTHER STATES. ISN'T THAT A GREAT CONCERN, SINCE THERE ARE

49 OTHER STATES AND ONLY ONE NEW YORK STATE?

MS. ROSENTHAL: WELL, I WAS ELECTED, AS WERE YOU

AND ALL OF US IN THIS CHAMBER, TO REPRESENT THE PEOPLE OF NEW YORK

STATE. IN NEW YORK STATE SINCE 2006, WE HAVE LOST 37,310 CALL CENTER

JOBS, WHERE THE AVERAGE CALL CENTER WAGE IS OVER $40,000 A YEAR. WHAT

I'M CONCERNED ABOUT IS THE LOSS OF GOOD-PAYING JOBS IN NEW YORK STATE

TO FOREIGN COUNTRIES. AND WHAT THIS BILL AIMS TO DO IS TO PROVIDE

PRESSURE TO KEEP GOOD-PAYING JOBS IN NEW YORK STATE AND NOT

OFFSHORE.

NYS ASSEMBLY MAY 30, 2018

MR. GOODELL: I APPRECIATE THAT -- THAT OBJECTIVE.

NOW, THIS BILL DOES NOT APPLY TO ANY FINANCIAL ASSISTANCE, GRANTS, LOANS,

LOW-INTEREST LOANS THAT WERE GIVEN PRIOR TO THE ENACTMENT OF THIS BILL TO

ANY CALL CENTERS --

MS. ROSENTHAL: IT DOES -- IT DOES --

MR. GOODELL: -- IN NEW YORK, CORRECT?

MS. ROSENTHAL: NO, IT -- IT DOES NOT CLAW THEM

BACK.

MR. GOODELL: ALL RIGHT. SO, BUT IT WOULD -- OKAY,

I -- I UNDERSTAND. THANK YOU VERY MUCH, MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU.

MR. GOODELL: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: MS. -- MS. ROSENTHAL AND I SHARE

THE SAME OBJECTIVE OF MAXIMIZING THE -- THE AMOUNT OF EMPLOYMENT IN

NEW YORK STATE. WE SHARE THAT OBJECTIVE. WE JUST HAVE DIFFERENT

VIEWS ON HOW TO ACCOMPLISH THAT OBJECTIVE. IN MY VIEW, IF WE WANT TO

MAXIMIZE THE NUMBER OF PEOPLE EMPLOYED IN CALL CENTERS IN NEW YORK

STATE, WE WANT TO MAXIMIZE THE ABILITY OF THOSE CALL CENTERS TO HANDLE

NOT ONLY NEW YORK STATE BUSINESS, BUT TO HANDLE BUSINESS FROM THE

OTHER 49 STATES IN THE NATION. AND IF WE START PASSING LEGISLATION THAT

SAYS NEW YORK'S BUSINESS IS ONLY GOING TO GO TO NEW YORK COMPANY

AND THE OTHER STATES FOLLOW, GUESS WHO THE BIG LOSER IS? WE ARE.

BECAUSE OUR CALL CENTERS WILL NO LONGER GET THE BUSINESS FROM THE OTHER

NYS ASSEMBLY MAY 30, 2018

49 STATES. NOW, I WOULD LIKE TO SEE OUR CALL CENTERS EXPAND, BECAUSE

THEY PROVIDE VALUABLE EMPLOYMENT OPPORTUNITIES FOR PEOPLE, ESPECIALLY

PEOPLE WHO ARE ENTERING THE LABOR FORCE. I WANT TO SEE THEM EXPAND.

AND IF WE WANT CALL CENTERS TO LOCATE IN NEW YORK AND EXPAND IN NEW

YORK STATE, WE SHOULD BE PREPARED TO HELP THEM -- JUST LIKE THE OTHER

STATES DO -- WITH GRANTS AND LOW-INTEREST LOANS AND THE OTHER ECONOMIC

DEVELOPMENT OPP -- TOOLS THAT WE HAVE. BUT IF WE SAY TO THEM, IF YOUR

BUSINESS REQUIRES YOU TO LOCATE PART OF YOUR CALL CENTER SOMEWHERE

ELSE, YOU HAVE TO PAY BACK THE BALANCE OF THE GRANT OR THE LOAN, WE

HAVE JUST DRAMATICALLY REDUCED THE EFFECTIVENESS OF ONE OF OUR

ECONOMIC DEVELOPMENT TOOLS. SO THE QUESTION BEFORE US IS THIS: DO

WE WANT TO ENCOURAGE NEW CALL CENTERS TO COME TO NEW YORK STATE,

AND DO WE WANT TO EXPAND THEIR OPPORTUNITIES? IF SO, WE SHOULD BE AS

FLEXIBLE AND SUPPORTIVE AS POSSIBLE. IF YOU WANT TO PUNISH THEM FOR

WHAT THEY DID IN THE PAST, THEN TAKE A DIFFERENT ROUTE. AND YOU WON'T

SEE THEM COMING HERE BECAUSE THEY'LL GO TO SOME OTHER STATE WHERE

THEY CAN GET A BETTER, MORE FLEXIBLE OFFER. AND IF YOU WANT OUR CALL

CENTERS TO BE GROWING AND EXPANDING IN NEW YORK STATE BECAUSE

THEY'RE DOING WORK FOR ALL OF THE OTHER 49 STATES, GREAT. THEN YOU

CANNOT IMPLEMENT A RESTRICTIVE PROVISION, AS THIS BILL CALLS FOR.

I'M IN FAVOR OF MORE JOBS IN NEW YORK STATE, AND

RECOGNIZING THE WAY THE MARKET WORKS, THE BEST WAY TO DO THAT IS TO

MAINTAIN OUR COMPETITIVENESS, IF NOTHING ELSE, ENHANCE OUR

COMPETITIVENESS SO THAT COMPANIES CAN GROW HERE IN NEW YORK STATE

AND HIRE MORE NEW YORKERS. THANK YOU VERY MUCH, MR. SPEAKER.

NYS ASSEMBLY MAY 30, 2018

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: WITH THE TRUMP -- OH, THANK

YOU, MR. SPEAKER. TO EXPLAIN MY VOTE. WITH THE TRUMP

ADMINISTRATION IN WASHINGTON THREATENING TO REWARD AND INCENTIVIZE

EVEN MORE CORPORATE OFFSHORING AND ACCELERATE THE EXISTING OFFSHORING

TREND, IT'S MORE IMPORTANT THAN EVER THAT WE PASS THIS BILL, WHICH WE

HAVE DONE IN THE PAST IN A BIPARTISAN MANNER. TOO MANY COMPANIES

ALREADY HAVE BEEN SHIFTING CALL CENTER JOBS FROM OUR STATE TO CHEAP

OVERSEAS MARKETS. AND WITH THE INCENTIVIZING COMPANIES TO LOCATE

THEIR JOBS OFFSHORE, WE ARE CONDONING BAD CORPORATE BEHAVIOR AND

WE'RE REWARDING COMPANIES WHEN, INSTEAD, WE SHOULD ENSURE THAT AS

MANY JOBS AS POSSIBLE STAY IN NEW YORK STATE WHERE WE CAN GAIN

PROSPERITY FOR THE PEOPLE WHO LIVE HERE, RATHER THAN TAKE ADVANTAGE OF

OTHERS WHO LIVE OVERSEAS.

SO WITH THAT SAID, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MAY 30, 2018

THE BILL IS PASSED.

MR. MORELLE.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: HOUSEKEEPING, MR.

MORELLE.

ON BEHALF OF MR. BUCHWALD, BILL NO. A.8672-A,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND THE GENERAL BUSINESS

LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE

VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ON BEHALF OF MR. ENGLEBRIGHT, BILL NO. A.9005,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND THE STATE FINANCE

LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

NYS ASSEMBLY MAY 30, 2018

THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE

VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

NUMEROUS FINE RESOLUTIONS, WHICH WE WILL TAKE UP IN

ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1242-1249

AND 1251-1258 WERE UNANIMOUSLY ADOPTED.)

MR. MORELLE.

(PAUSE)

MR. MORELLE: MR. SPEAKER?

ACTING SPEAKER AUBRY: MR. MORELLE.

MR. MORELLE: YES, THANK YOU, SIR. I NOW MOVE

THAT THE ASSEMBLY STAND ADJOURNED UNTIL 11:30 A.M., THURSDAY, MAY

31ST. TOMORROW, LADIES AND GENTLEMEN, IS A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY WILL

STAND ADJOURNED.

(WHEREUPON, AT 5:43 P.M., THE HOUSE STOOD ADJOURNED

UNTIL THURSDAY, MAY 31ST AT 11:30 A.M., THAT BEING A SESSION DAY.)