TUESDAY, MAY 8, 2018                                                                             2:07

                    P.M.



                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL

                    COME TO ORDER.

                                 REVEREND DR. FOSTER WILL OFFER A PRAYER.

                                 REVEREND DR. KATRINA FOSTER:  BLESSED BE

                    THE GOD OF ABRAHAM, ISAAC AND JACOB, OF SARA, RUTH AND NAOMI OF

                    RACHEL AND LEAH, OF AMOS, MIKAH AND DEBORAH.  TO THE GOD WHO

                    CREATED ALL THINGS OUT OF NOTHING TO BECOME YOUR OWN BEAUTIFUL

                    CREATION AND CREATURES.  TO GOD WHO CREATED ALL HUMANITY, MAKING US

                    EQUAL IN YOUR OWN DIVINE IMAGE AND LIKENESS.  TO THE GOD WHO HAS

                    CALLED US TO LET JUSTICE ROLL DOWN LIKE WATERS AND RIGHTEOUSNESS LIKE AN

                    EVER-FLOWING STREAM.  YOU WHO HAVE CALLED US TO DO JUSTICE, LOVE,

                    KINDNESS, AND WALK HUMBLY WITH YOU.  WE ASK THAT YOU SUSTAIN, DIRECT

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    AND SUPPORT OUR PRESIDENT AND VICE PRESIDENT, OUR GOVERNOR,

                    LIEUTENANT GOVERNOR, OUR SPEAKER AND ALL ELECTED AND APPOINTED

                    GOVERNMENT SERVANT LEADERS WITH THE GIFTS OF YOUR HOLY SPIRIT, THE

                    SPIRIT OF COUNSEL AND MIGHT, THE SPIRIT OF KNOWLEDGE AND THE FEAR OF THE

                    LORD, THE SPIRIT OF JOY IN YOUR PRESENCE.  AS THIS ASSEMBLY MEETS TO

                    DISCERN, DEBATE, NEGOTIATE, COMPROMISE AND VOTE ON ALL MATTERS OF THIS

                    DAY, MAY THEY SEE IN ONE ANOTHER AND IN THOSE WHO THEY ARE CALLED TO

                    SERVE, SHARED HUMANITY AND A COMMON CAUSE TO CARE FOR THE LEAST AND

                    THE LAST.  TO LISTEN TO THE VOICES WE WOULD RATHER IGNORE THAT WE,

                    WALKING TOGETHER, MAY BE KINDER THAN WE ARE MEAN.  MORE WILLING TO

                    SHARE THAN WE ARE TO HOARD.  MORE WILLING TO SERVE THAN TO BE SERVED.

                    TO PROTECT THE VULNERABLE, RATHER THAN CATER TO THE POWERFUL, AND

                    INCREASE OUR PEACE, LOVE AND HUMILITY THAT WE WILL BE MORE WILLING TO

                    STRIVE FOR REDEMPTION RATHER THAN IMPRISONMENT, MORE WILLING TO

                    REPENT, FORGIVE AND RECONCILE THAN TO DISMISS AND DISREGARD.  GIVE US

                    EARS TO HEAR YOUR CALL.  GIVE US SIGHT TO DO -- GIVE US SIGHT THAT WE DO

                    NOT CONFUSE SHALLOW, SIMPLE SYMBOLISM WITH ACTUAL SUBSTANCE.  GUIDE

                    US TO NEVER MAKE PEACE WITH INJUSTICE.  MAY YOUR KINGDOM COME,

                    YOUR WILL BE DONE ON EARTH, AND MAY WE BE INSTRUMENTS OF IT.  NOW TO

                    THE ONE WHO BY THE POWER AT WORK WITHIN US IS ABLE TO ACCOMPLISH

                    ABUNDANTLY FAR MORE THAN WE CAN ASK OR IMAGINE.  TO HIM BE GLORY

                    NOW AND FOREVER.  AMEN.

                                 ACTING SPEAKER AUBRY:  VISITORS ARE INVITED

                    TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF MONDAY, MAY 7TH.

                                 MR. MORELLE.

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

                    TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY

                    7TH, AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MR. MORELLE.

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

                    LADIES AND GENTLEMEN, BEFORE I GIVE OUR SCHEDULE FOR THE DAY, LET ME

                    JUST NOTE THAT ON THIS DAY, MAY 8, 1845 WAS VICTORY IN EUROPE DAY, OR

                    V-E DAY.  THE ALLIED POWERS ON THIS DAY IN 1945 FORMALLY ACCEPTED THE

                    UNCONDITIONAL SURRENDER OF NAZI GERMANY, BRINGING AN END TO WORLD

                    WAR II.  THE ANNOUNCEMENT, AS YOU CAN IMAGINE, SPARKED A WAVE OF

                    CELEBRATION IN MAJOR CITIES ACROSS THE GLOBE.

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

                    KNOW THE QUEENS COUNTY FARM MUSEUM IS THE LARGEST REMAINING TRACK

                    OF UNDISTURBED FARM LAND IN THE CITY OF NEW YORK?  THIS IS IN THE 24TH

                    ASSEMBLY DISTRICT REPRESENTED BY MR. WEPRIN.  THE FARM, WHICH HAS

                    BEEN IN OPERATION SINCE 1697, ENCOMPASSES A 47-ACRE PARCEL THAT IS THE

                    LONGEST CONTINUOUSLY FARMED SITE IN NEW YORK STATE.

                                  SO, WITH THAT AS A LITTLE HISTORICAL FRAMEWORK, LET ME

                    DESCRIBE OUR AFTERNOON.  MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    AND A DEBATE LIST.  AFTER ANY INTRODUCTIONS -- AND I RECOGNIZE, MR.

                    SPEAKER, THERE ARE SEVERAL GUESTS IN THE CHAMBER -- AND ANY

                    HOUSEKEEPING, WE WILL BEGIN OUR CONSENT OF THE NEW BILLS ON THE

                    CALENDAR THAT WILL BE -- YOU WILL BE ABLE TO FIND THOSE AT CALENDAR NO.

                    825 ON PAGE 78 IS WHERE WE WILL BEGIN.  MEMBERS SHOULD ALSO NOTE THE

                    SCHEDULED COMMITTEES FOR EARLIER TODAY OBVIOUSLY WERE POSTPONED AND

                    NOW WILL BE HELD OFF THE FLOOR.  WAYS AND MEANS, WHICH I JUST CALLED,

                    IS MEETING RIGHT NOW.  ONCE WAYS AND MEANS IS CONCLUDED, WE'LL CALL

                    THE RULES COMMITTEE.  THOSE TWO COMMITTEES WILL PRODUCE AN

                    A-CALENDAR WHICH WE WILL TAKE UP IN JUST A FEW MINUTES.  IN ADDITION

                    TO WAYS AND MEANS AND RULES, MEMBERS SHOULD BE AWARE FOR CALLS OF

                    THE FOLLOWING COMMITTEES, SO PLEASE PAY SPECIAL ATTENTION IF YOU'RE ON

                    THE JUDICIARY, REAL PROPERTY TAXATION, CONSUMER AFFAIRS, CODES,

                    GOVERNMENTAL OPERATIONS, ENVIRONMENTAL CONSERVATION AND

                    TRANSPORTATION.  SO I EXPECT IT WILL BE A BUSY AFTERNOON IN TERMS OF

                    COMMITTEES.  AGAIN, MEMBERS, SO THAT YOU DON'T MISS THOSE COMMITTEE

                    CALLS, PLEASE PAY SPECIAL ATTENTION.  OUR PRINCIPAL WORK OF THE DAY WILL

                    BE TO TAKE UP OUR DOMESTIC VIOLENCE PACKAGE, CONSISTING OF BILLS THAT

                    ARE BOTH ON THE DEBATE LIST AND ON THE A-CALENDAR.  AND AT THE

                    CONCLUSION OF THE DAY, WE WILL TAKE UP A PRIVILEGED RESOLUTION IN WHICH

                    ASSEMBLYMEMBER SEAWRIGHT WISHES TO BE HEARD.  IT GOES WITHOUT

                    SAYING, MR. SPEAKER, THAT IF THERE ARE ANY ADDITIONAL SCHEDULING

                    ANNOUNCEMENTS REGARDING EITHER DEMOCRATIC OR REPUBLICAN

                    CONFERENCE, WE WILL BE CERTAIN TO MAKE MEMBERS AWARE OF THAT.

                                 SO, WITH THAT, INTRODUCTIONS AND HOUSEKEEPING WOULD

                                          4



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    BE APPROPRIATE TO TAKE UP AT THIS TIME.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.

                    HOUSEKEEPING FIRST.

                                 ON A MOTION BY MR. WEPRIN, PAGE 80, CALENDAR NO.

                    834, BILL NO. A.5539-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. SOLAGES, PAGE 53, CALENDAR NO.

                    495, BILL NO. A.7032-B, AMENDMENT -- THE BILL IS RESTORED TO ITS

                    PREVIOUS PRINT NO. 7032-A.

                                 FOR THE PURPOSES OF A (SIC) INTRODUCTION, MR. LENTOL.

                                 MR. LENTOL:  THANK YOU, MR. SPEAKER.  I RISE TO

                    WELCOME REVEREND KATRINA FOSTER OF THE ST. JOHN'S LUTHERAN CHURCH

                    IN MY NATIVE GREENPOINT.  PASTOR FOSTER COMES TO US FROM -- TO

                    BROOKLYN FROM HER OWN ROAD TO AMOS THAT STARTED NEAR JACKSONVILLE,

                    FLORIDA, WHICH IS WHERE SHE WAS BORN AND RAISED AND WHERE SHE

                    ACQUIRED HER WARM, BEAUTIFUL SOUTHERN HOSPITALITY.  THAT'S NOT

                    RELIGIOUS, FOLKS.  THAT SOUTHERN CHARM IS PURE, DIVINE ATTITUDE.

                                 (LAUGHTER)

                                 PASTOR FOSTER USES THAT SOUTHERN CHARISMA AS IT SHOULD

                    BE USED, TO WELCOME EVERYBODY TO HER CHURCH AT ST. JOHN'S.  NO MATTER

                    THE CIRCUMSTANCE, NO MATTER THEIR PAST.  THE MESSAGE SHE GIVES IS THAT

                    ALL ARE ALWAYS WELCOME.  COMMUNITY MATTERS, BEING KIND, AS YOU

                    HEARD, LOVING AND SUPPORTIVE OF EACH OTHER IS GOD'S MESSAGE TO US AND

                    THE WORK THAT WE DO.  AND GUESS WHAT?  ST. JOHN'S IN GREENPOINT WAS

                    SCHEDULED TO CLOSE BEFORE HER ARRIVAL, BUT NOW IT IS A GROWING

                    COMMUNITY AND THE CHURCH WAS ABLE LAST SEPTEMBER TO CELEBRATE ITS

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    150TH ANNIVERSARY.  I'M PROUD TO WELCOME REVEREND DR. KATRINA FOSTER

                    TO OUR CHAMBER.  SHE'S AN INSPIRATION TO GOD, TO THE PEOPLE OF

                    GREENPOINT.  I COMMEND PASTOR FOSTER, HER WIFE, PAMELA KALLIMANIS,

                    AND THEIR DAUGHTER, ZOYA, SO FOR THEIR SELFLESS DEDICATION SERVING GOD

                    AND COMMUNITY.

                                 MR. SPEAKER, WOULD YOU KINDLY WELCOME HER AGAIN

                    AND WISH HER THE MOST CORDIAL WELCOME OF THE HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  REVEREND

                    DR. FOSTER, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.

                    ON BEHALF OF MR. LENTOL, MS. SEAWRIGHT AND ALL THE MEMBERS, WE

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

                    ENJOYED BEING WITH US.  WE CERTAINLY HAVE ENJOYED YOU SHARING THE

                    WORD WITH US THIS MORNING.  THANK YOU SO VERY MUCH.

                                 REVEREND DR. FOSTER:  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MY PLEASURE.

                                 (APPLAUSE)

                                 MR. CUSICK.

                                 MR. CUSICK:  THANK YOU, MR. SPEAKER.  TODAY I

                    HAVE THE -- THE GREAT PRIVILEGE TO INTRODUCE SOMEONE WHO IS NO STRANGER

                    TO THIS CHAMBER, A FORMER MEMBER OF THE ASSEMBLY, MR. LOU

                    TOBACCO, WHO IS HERE WITH US.  HE MISSED US SO MUCH, HE WANTED TO

                    COME BY AND SAY HELLO.  LOU HAS -- WAS A MEMBER OF THE ASSEMBLY.

                    MANY OF US SERVED WITH LOU, AND THIS CHAMBER HAS NEVER BEEN THE

                    SAME SINCE LOU LEFT, AS YOU KNOW, MR. SPEAKER.  LOU IS HERE SERVING

                    THE STATEN ISLAND UNIVERSITY HOSPITAL.  HE IS STILL REPRESENTING OUR

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    COMMUNITY, STILL IS SERVING THE COMMUNITY OF STATEN ISLAND AND,  MR.

                    SPEAKER, FOR THAT I ASK YOU TO GIVE MR. TOBACCO THE PRIVILEGES OF THE

                    HOUSE AND YOUR KIND CORDIALITIES.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  LOU,

                    WELCOME BACK.  AS A FORMER MEMBER, YOU ARE ALWAYS WELCOME HERE.

                    YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR.  GOOD TO SEE YOU.  NO

                    DOUBT YOU'LL GIVE US A LITTLE CHARGE THIS AFTERNOON.  THANK YOU SO VERY

                    MUCH, LOU.

                                 (APPLAUSE)

                                 MR. VANEL.

                                 MR. VANEL:  THANK YOU, MR. SPEAKER.  TODAY I RISE

                    ALONG WITH THE PANHELLENIC CAUCUS OF THE ASSEMBLY.  REPRESENTING

                    OMEGA PSI PHI, GARY PRETLOW; REPRESENTING ALPHA PHI ALPHA, WALTER

                    MOSLEY AND MICHAEL BLAKE; REPRESENTING KAPPA ALPHA PSI, MYSELF;

                    REPRESENTING ZETA PHI BETA, LATRICE WALKER; REPRESENTING DELTA SIGMA

                    THETA, RODNEYSE BICHOTTE, TREMAINE WRIGHT, ALICIA HYNDMAN AND

                    EARLENE HOOPER; AND REPRESENTING ALPHA KAPPA ALPHA, MICHELE TITUS.

                    WE WELCOME THE ALPHA KAPPA ALPHA SORORITY, INCORPORATED, WHO ARE

                    HERE FOR THEIR AKA LOBBY DAY.  FOUNDED ON THE CAMPUS OF HOWARD

                    UNIVERSITY IN 1908, THE AKA IS THE OLDEST GREEK LETTER ORGANIZATION

                    ESTABLISHED BY AFRICAN-AMERICAN COLLEGE-TRAINED WOMEN.  ALPHA

                    KAPPA ALPHA SORORITY, INCORPORATED WAS FOUNDED ON A MISSION

                    COMPOSED OF -- COMPRISED OF FIVE BASIC TENETS:  CULTIVATE AND

                    ENCOURAGE HIGH SCHOLASTIC AND ETHICAL STANDARDS; TO PROMOTE UNITY AND

                    FRIENDSHIP AMONG COLLEGE WOMEN; TO STUDY AND HELP ALLEVIATE

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    PROBLEMS CONCERNING GIRLS AND WOMEN IN ORDER TO IMPROVE THEIR SOCIAL

                    STATURE; TO MAINTAIN A PROGRESSIVE INTEREST IN COLLEGE LIFE; AND TO BE OF

                    SERVICE TO ALL MANKIND.

                                 WE ALSO WELCOME TO THE CAPITOL THE -- AND -- AND LED

                    BY MEREDITH L. HENDERSON.  SHE'S THE REGIONAL DIRECTOR OF THE NOTABLE

                    NORTH ATLANTIC REGION.  THESE DYNAMIC WOMEN REPRESENT THE ENTIRE

                    STATE OF NEW YORK, AND ARE HERE IN PARTNERSHIP WITH NYC VOTES TO

                    ADVOCATE FOR VOTER REFORM.  WE ALSO RECOGNIZE NYC VOTES, HEADED BY

                    MISS ONIDA CO -- COWARD MAYERS.  SHE'S THE DIRECTOR OF VOTER

                    ASSISTANCE.  NYC VOTES IS THE VOTER OUTREACH AND ENGAGEMENT

                    CAMPAIGN OF THE CAMPAIGN FINANCE BOARD CONDUCTED UNDER THE

                    GUIDANCE OF ITS VOTER ASSISTANCE AND ADVISORY COMMITTEE.  NYC

                    VOTES AND ITS PARTNERS ARE HERE PRESENT TO ADVOCATE FOR VOTER REFORM.

                    ALONG WITH THEM ARE COALITION Z, THE YOUNG PEOPLE FROM COALITION Z.

                    ALSO, DEMOCRACY PREP ENDURANCE HIGH SCHOOL, THE BROOKLYN CHAPTER

                    OF DELTA SIGMA THETA SORORITY, THE NAACP CHAPTER OF NYCHA, AND

                    NYC VETS ALLIANCE.

                                 WOULD YOU PLEASE PROVIDE THESE GROUPS WITH THE

                    PRIVILEGES OF THE FLOOR AND THE CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. VANEL, MR. PRETLOW, MR. MOSLEY, MR. BLAKE, MS. WALKER, MS.

                    TITUS, MS. HOOPER, MS. BICHOTTE, MS. HYNDMAN, THE SPEAKER AND ALL

                    THE MEMBERS, WE WELCOME THIS EXTRAORDINARY GROUP OF YOUNG WOMEN

                    AND YOUNG MEN AND THE LADIES WHO HAVE LED THEM HERE TO THE NEW

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

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    WE APPRECIATE THE FACT THAT YOU HAVE COME TO WORK FOR US TODAY TO

                    ENSURE THAT VOTING STAYS PRIMARY ON OUR AGENDA TO ENSURE THAT ALL THE

                    PEOPLE OF THIS STATE HAVE AND GET AN OPPORTUNITY TO VOTE AND PARTICIPATE

                    IN THE DEMOCRATIC PROCESS.  THANK YOU SO VERY MUCH.  CONTINUE THAT

                    GREAT WORK.

                                 (APPLAUSE)

                                 MS. JAFFEE.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  I RISE THIS

                    AFTERNOON TO RECOGNIZE COLETTE SMITH.  COLETTE SMITH IS -- IS A WOMAN

                    WHO WAS BORN IN -- WHO IS ANTIGUA-BORN AND A BRONX RESIDENT WHO,

                    UNFORTUNATELY AND SADLY, WAS DIAGNOSED WITH LUNG CANCER AFTER

                    CONSTANTLY FEELING PALPITATIONS IN HER CHEST.  COLETTE IS PASSIONATE

                    ABOUT SHARING HER STORY, BECAUSE SHE WANTS OTHER WOMEN -- WOMEN, IN

                    GENERAL, TO UNDERSTAND THAT AWARENESS AND EARLY DETECTION ARE KEY.

                    COLETTE WAS ONE OF THE LUCKY WOMEN WHO WAS DIAGNOSED WITH AN EARLY

                    STAGE.  WHEN SHE VISITED THE ROOM -- THE HOSPITAL EMERGENCY ROOM IN

                    EARLY 2015, DOCTORS SUGGESTED THAT SHE GET A CT SCAN.  BUT INSTEAD OF

                    FINDING WHAT THEY THOUGHT WOULD BE BLOOD CLOTS IN HER LUNGS, THE

                    DOCTORS FOUND A LUMP.  AFTER A SUCCESSION OF TESTS OVER MONTHS WHICH

                    PROVED INCONCLUSIVE, SHE KEPT PUSHING FOR AN ANSWER UNTIL DOCTORS

                    DETERMINED THAT SURGERY WAS NECESSARY.  COLETTE KEPT PUSHING FOR AN

                    ANSWER.  WHEN SHE AWOKE FROM SURGERY, SHE LEARNED THAT HER UPPER LEFT

                    LUNG TISSUE HAD BEEN REMOVED AND SHE HAD BEEN DIAGNOSED WITH STAGE

                    1A LUNG CANCER, AN EARLY STAGE WHERE THE CANCER IS CONTAINED AND

                    HASN'T TRAVELED TO MANY SURROUNDING TISSUES.  SHE HAS BEEN CANCER-FREE

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    SINCE. DIAGNOSED WITH AN EARLY STAGE, CANCER-FREE SINCE.  BUT SHE WANTS

                    WOMEN TO UNDERSTAND THAT AWARENESS AND EARLY DETECTION ARE KEY.

                                 PLEASE, MR. SPEAKER, WOULD YOU PROVIDE THE COR --

                    PRIVILEGES OF THE HOUSE, THE CORDIALITIES OF THE HOUSE FOR THIS

                    EXTRAORDINARILY -- THIS EXTRAORDINARY WOMAN, COURAGEOUS WOMAN.

                    THANK YOU.

                                 ACTING SPEAKER PICHARDO:  ABSOLUTELY.  ON

                    BEHALF OF MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

                    YOU HERE TO THE NEW YORK STATE ASSEMBLY.  I HOPE THAT YOU ARE

                    ENJOYING THE PROCEEDINGS THAT ARE HAPPENING RIGHT NOW.  AND WE WANT

                    TO THANK YOU FOR YOUR ADVOCACY IN MAKING SURE THAT PEOPLE TAKE CARE OF

                    THEIR HEALTH, MAKE SURE THAT THEY GET THE TREATMENT THAT THEY DESERVE,

                    AND WE APPRECIATE YOUR LEADERSHIP ON THIS VERY IMPORTANT ISSUE

                    BECAUSE EVERYBODY IN THIS CHAMBER KNOWS SOMEONE WHO'S BEEN

                    TOUCHED BY CANCER.  SO, THANK YOU FOR YOUR ADVOCACY ON BEHALF OF ALL

                    THE MEMBERS.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. FINCH FOR AN INTRODUCTION.

                                 MR. FINCH:  MR. SPEAKER, I RISE FOR AN INTRODUCTION.

                    IT'S A FOLLOW-UP TO MAJORITY LEADER JOE MORELLE'S PROLOGUE, I GUESS, TO

                    TODAY'S EVENTS IN REFERENCE TO THE ANNIVERSARY OF THE CESSATION OF

                    HOSTILITIES DURING WORLD WAR II.  WE HAVE HERE A TEACHER THAT HAS COME

                    TO ALBANY TO BE RECOGNIZED FOR AN OUTSTANDING CONTRIBUTION, AND I WANT

                    TO SHARE A BRIEF STORY WITH YOU ABOUT WHAT HE ACCOMPLISHED.  DURING

                    WORLD WAR II, WE ALL KNOW THE STORY, OR MOST OF US KNOW, ABOUT THE

                                         10



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    DIARY OF ANNE FRANK, A JEWISH TEENAGER HIDING FROM THE NAZIS IN

                    AMSTERDAM.  AND OUTSIDE OF HER BUILDING, THERE WAS A CHESTNUT TREE, A

                    HORSE CHESTNUT TREE, WHICH BECAME SYMBOLIC AND WAS -- ACTUALLY, SHE

                    MENTIONED IT IN THE DIARY.  SHE WAS ARRESTED, TAKEN TO A CONCENTRATION

                    CAMP, AND SHE DIED OF TYPHUS.  HER WHOLE FAMILY DIED, WITH THE

                    EXCEPTION OF HER FATHER.  THE TREE SUBSEQUENTLY DIED AS WELL.  AND THEY

                    SAVED 12 SAPLINGS FROM THAT TREE, AND THEY TRAVEL AROUND THE WORLD.

                    AND -- AND THERE'S ONE PLANTED DOWN AT BATTERY PARK IN NEW YORK

                    CITY, ONE AT THE SCHOOL IN LITTLE ROCK, ARKANSAS WHERE THE FIRST

                    INTEGRATION TOOK PLACE, AND ONE OF THEM, ONE OF THE 12, IS PLANTED IN

                    THE YARD OF SOUTHERN CAYUGA SCHOOL, IN THE MIDDLE OF THE ROLLING HILLS

                    IN THE FINGER LAKES.  AND BILL ZIMPHER, ONE OF THOSE TEACHERS, AN

                    INSPIRING TEACHER, WHICH WE DESPERATELY NEED TODAY, ARRANGED THIS.  SO

                    HE IS HERE.  HE RECEIVED AN AWARD FROM THE REGENTS THIS MORNING.  IT

                    WAS THE LOUIS E. YAVNER AWARD, FOR HIS CONTRIBUTIONS.  NOW, THIS TREE

                    IT'S NOT JUST SITTING THERE.  IT'S A SYMBOL.  IT'S A SYMBOL OF THE HOLOCAUST.

                    SO, IN THIS LITTLE SCHOOL DISTRICT OF 700 STUDENTS, THEY HAVE WORKSHOPS

                    ON THE HOLOCAUST.  THEY DISCUSS BULLYING.  THEY DISCUSS THE

                    DISADVANTAGES THAT THIS FAMILY HAD IN HOLLAND.  SO HE'S HERE TO BE

                    HONORED.  IT'S VERY APPROPRIATE.  HE'S HERE WITH THE SUPERINTENDENT OF --

                    FORMER SUPERINTENDENT OF THE SCHOOLS, MARY KAY WORTH.  DANA

                    MANDELL IS HERE, WHO ALSO WAS VERY INVOLVED IN THE PROCESS OF GETTING

                    THIS TREE, RAISED OVER $50,000 TO HAVE THE TREE PLACED IN A PROTECTED

                    SITE.  WE HAVE LINDA CONAS -- LUKE CARNICELLI, THE BUILDING PRINCIPAL

                    AT SOUTHERN CAYUGA.  BILL ZIMPHER'S SISTER, LINDA CARBONE, IS HERE AS

                                         11



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    WELL.  HE'S MADE -- HE IS A TEACHER, ONE OF THE MOST IMPORTANT JOBS I

                    THINK THAT'S OUT THERE.  A TEACHER WHO CAN INSPIRE A CHILD, THE MOST

                    IMPORTANT THING WE HAVE.

                                 PLEASE WELCOME THEM AND THIS OUTSTANDING PROJECT

                    THEY'VE HAD.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  ABSOLUTELY, MR.

                    FINCH.  ON BEHALF OF MR. FINCH, THE SPEAKER AND ALL THE MEMBERS, WE

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

                    PRIVILEGES OF THE FLOOR.  WE HOPE THAT YOU ENJOY THE PROCEEDINGS THIS

                    AFTERNOON.  AND SPECIFICALLY TALKING ABOUT THE HORRORS OF WAR AND WHAT

                    SCARS THAT LEAVES NOT ONLY IN OUR COMMUNITIES HERE LOCALLY, BUT ALSO

                    GLOBALLY.  AND FOR US TO HAVE A REMINDER OF THAT IS VERY IMPORTANT, BUT

                    MORE IMPORTANTLY, WE THANK YOU FOR SUPPORTING AND TEACHING THE YOUNG

                    LEADERS OF TOMORROW IN MAKING SURE THAT THEY DON'T REPEAT THE MISTAKES

                    OF THE PAST.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. BRONSON FOR AN ANNOUNCEMENT -- FOR AN

                    INTRODUCTION, EXCUSE ME.

                                 MR. BRONSON:  YES, MR. SPEAKER.  IT'S MY HONOR

                    AND PRIVILEGE TO RISE AND INTRODUCE THE FAMILY AND FRIENDS OF MAJORITY

                    LEADER JOE MORELLE.  FIRST WE HAVE HIS WONDERFUL WIFE AND PARTNER,

                    MARY BETH MORELLE; HIS SISTER-IN-LAW, BERNADETTE PICCININNI; HIS NIECE,

                    HELENA PICCININNI; AND MARY BETH'S FRIEND AND FRIEND OF THE FAMILY, JILL

                    RICCI.

                                 MR. SPEAKER, WOULD YOU PLEASE EXTEND TO THEM THE

                                         12



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    PRIVILEGES OF THE FLOOR AND THE CORDIALITIES OF THIS, OUR PEOPLE'S HOUSE.

                    THANK YOU.

                                 ACTING SPEAKER PICHARDO:  CERTAINLY.  ON

                    BEHALF OF MR. BRONSON, LEADER MORELLE, THE SPEAKER AND ALL THE

                    MEMBERS, WELCOME HOME.  YOU ARE FAMILY.  YOU'LL ALWAYS HAVE THE

                    PRIVILEGES OF THE FLOOR.  IT'S ALWAYS NICE TO HAVE FAMILY HERE TO SIMPLY

                    REMIND US THAT THERE ARE BETTER DAYS OUTSIDE OF THE CHAMBER, BUT MORE

                    IMPORTANTLY, THAT YOU HAVE -- THAT WE HAVE A GROUP OF LOVING AND

                    SUPPORTING INDIVIDUALS WHO WILL HAVE OUR BACKS REGARDLESS OF WHERE

                    WE GO IN LIFE.  SO, THANK YOU VERY MUCH FOR JOINING US.

                                 (APPLAUSE)

                                 MR. CROUCH FOR AN INTRODUCTION.

                                 MR. CROUCH:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO INTRODUCE SOME VERY BRILLIANT YOUNG STUDENTS FROM -- ON

                    BEHALF OF ASSEMBLYWOMAN LUPARDO AND MYSELF, WE HAVE SOME

                    STUDENTS HERE FROM THE NEW VISIONS LAW AND GOVERNMENT CLA -- LAW

                    AND GOVERNMENT ACADEMY.  WE HAVE 11 STUDENTS HERE, TOTAL.  I'D JUST

                    BRIEFLY LIKE TO READ THEIR NAMES.  CASEY ALSTON, MICHAEL BENNETT,

                    GAVIN BLEIR, MELINDA BYRNE, CAROLINE DOHERTY, FARRAH FIACCO,

                    ZACHARY GREEN, MACKENZIE FRY, RAVEN LUCAS, EVAN MASLIN, RACHAEL

                    ROSENSTEIN.  AND THEY'RE HERE WITH THEIR INSTRUCTOR, ANNIE LOEW.

                                 MR. SPEAKER, SOME OF THESE STUDENTS HAVE SPENT SOME

                    TIME IN MY OFFICE AS PART -- AS PART OF THE PROGRAM, AND I KNOW MY STAFF

                    PERSON ENJOYED THEM ALL.  AND IT WAS A GREAT TIME INTERFACING WITH

                    SOME OF THESE STUDENTS.  THEY'RE VERY YOUNG, BRILLIANT MINDS, AND WE

                                         13



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    NEED TO ENCOURAGE PROGRAMS LIKE THIS.  IF YOU COULD PLEASE GIVE THEM

                    THE CORDIALITIES OF THE HOUSE, I'D APPRECIATE IT.

                                 ACTING SPEAKER PICHARDO:  ABSOLUTELY, MR.

                    CROUCH.  ON BEHALF OF YOURSELF, MR. CROUCH, MS. LUPARDO, THE SPEAKER

                    AND ALL THE MEMBERS, WE WELCOME THIS DISTINGUISHED GROUP OF

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

                    PRIVILEGES OF THE FLOOR.  WE HOPE THAT YOU ENJOY THE PROCEEDINGS THIS

                    AFTERNOON, AND THANK YOU FOR EVERYTHING AND SORT OF MOVING THIS DAY

                    FORWARD AND MAKING SURE THAT OUR ECONOMY AND OUR STATE IS GOING TO

                    BE LEFT IN GOOD HANDS WHEN WE'RE NO LONGER HERE.  THANK YOU SO VERY

                    MUCH.

                                 (APPLAUSE)

                                 MS. WEINSTEIN FOR AN INTRODUCTION.

                                 MS. WEINSTEIN:  YES, MR. SPEAKER.  I'M VERY

                    PLEASED TO INTRODUCE SOME GUESTS WHO ARE HERE IN THE CHAMBER WITH US

                    TODAY.  THE -- LATER ON, OR ONCE WE ACTUALLY START VOTING, WE'LL BE

                    ADOPTING A RESOLUTION DESIGNATING TODAY -- MEMORIALIZING THE GOVERNOR

                    TO PROCLAIM TODAY AS DOMESTIC VIOLENCE AWARENESS AND PREVENTION

                    DAY IN THE STATE OF NEW YORK.  AND JOINING US FOR THAT OCCASION AND TO

                    MEET WITH OTHERS HERE ARE SOME MEMBERS OF THE NEW YORK STATE

                    COALITION AGAINST DOMESTIC VIOLENCE.  I'D LIKE TO -- HOPEFULLY,

                    EVERYONE ON MY LIST IS IN THE CHAMBER.  I THINK I'M SHORT ONE NAME, SO

                    WE'LL SEE.  AS PART -- LEADING THE DELEGATION IS CONNIE NEAL, THE

                    EXECUTIVE DIRECTOR OF NYSCADV; JOAN GERHARDT, JENNIFER CLARK,

                    NASIM SARABANDI, JAME NI, AISSATA BA.  I WOULD ASK YOU TO WELCOME

                                         14



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    THEM IN YOUR USUAL GOOD WAY, AND LET US ACKNOWLEDGE THEIR PRESENCE

                    HERE AND THE GOOD WORK THEY DO THROUGHOUT THE YEAR.

                                 ACTING SPEAKER PICHARDO:  ABSOLUTELY.  ON

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

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

                    PRIVILEGES OF THE FLOOR.  AND, UNFORTUNATELY, THESE INCIDENCES HAPPEN

                    TOO MANY TIMES, AND WE APPRECIATE YOUR ADVOCACY ON SUPPORTING

                    WOMEN AND ALL VICTIMS OF THESE -- OF THIS ISSUE, BUT MORE IMPORTANTLY,

                    THANK YOU FOR YOUR ADVOCACY.  THANK YOU FOR JOINING US THIS AFTERNOON.

                                 (APPLAUSE)

                                 MR. MORELLE FOR AN ANNOUNCEMENT.

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

                    TO ASK MEMBERS OF THE RULES COMMITTEE TO GO TO THE SPEAKER'S

                    CONFERENCE ROOM.  COMMITTEE ON RULES IN THE SPEAKER'S CONFERENCE

                    ROOM.

                                 ACTING SPEAKER PICHARDO:  MEMBER ON THE

                    COMMITTEE ON RULES, SPEAKER'S CONFERENCE ROOM.  PLEASE MOVE THERE

                    IMMEDIATELY.

                                 MS. DICKENS FOR AN INTRODUCTION.

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

                    ALLOWING ME TO INTERRUPT TODAY'S PROCEEDINGS FOR THE PURPOSE OF

                    INTRODUCING COREY ORTEGA FROM THE VILLAGE OF HARLEM -- STAND UP,

                    COREY -- WHO IS HERE WITH NYC VOTES, ALONG WITH NIKKI YEARWOOD.

                    COREY IS VERY ACTIVE IN THE VILLAGE OF HARLEM AND WEST HARLEM.  HE

                    JUST GOES AROUND AND REGISTERS PEOPLE, HE KNOCKS ON DOORS.  AND

                                         15



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    HARLEM IS VERY, VERY PROUD OF THE WORK THAT HE HAS DONE.  SO, THANK

                    YOU, COREY.

                                 AND, MR. SPEAKER, PLEASE WELCOME AND EXTEND THE

                    PRIVILEGES AND THE CORDIALITIES OF THE HOUSE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MY PLEASURE.  ON

                    BEHALF OF MS. DICKENS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

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

                    TO YOU THE PRIVILEGES OF THE FLOOR, AND WE APPRECIATE EVERYTHING THAT

                    YOU DO TO MAKE SURE THAT -- THAT FOLKS, REGARDLESS IF THEY LIVE IN THE

                    VILLAGE OF HARLEM OR ANYWHERE IN THE CITY OF NEW YORK OR THE STATE

                    OF NEW YORK, HAVE THE OPPORTUNITY TO PARTICIPATE CIVICALLY AND WITH

                    THEIR GOVERNMENT.  SO, THANK YOU FOR EVERYTHING THAT YOU DO, AND WE

                    HOPE YOU ENJOY THE PROCEEDINGS THIS AFTERNOON TODAY.

                                 (APPLAUSE)

                                 MS. DAVILA FOR AN INTRODUCTION.

                                 MS. DAVILA:  THANK YOU, MR. SPEAKER.  I RISE TODAY

                    TO INTRODUCE TWO VERY IMPORTANT PEOPLE THAT ARE HERE, ONE REPRESENTING

                    MY DISTRICT AND THE OTHER REPRESENTING ME.  ROSA ROSARI (PHONETIC) AND

                    ALI SON MORALES (PHONETIC). THEY BOTH ARE REPRESENTING THE DIANA

                    JONES SENIOR CENTER, FIGHTING FOR SENIOR SERVICES.  BUT MORE IMPORTANT,

                    ALI SON MORALES (PHONETIC) HAPPENS TO BE MY UNCLE ALI, SO WE CALL

                    HIM TIO ALI.  AND THIS IS THE -- OFTEN TIME (SIC) WE PAY TRIBUTE TO A LOT

                    OF PEOPLE THAT HAVE DONE A LOT OF GREAT THINGS, AND SOMETIMES WE DON'T

                    PAY TRIBUTE TO THOSE VERY SAME PEOPLE THAT HELP YOU PAVE THE WAY TO

                    GET TO WHERE YOU'RE AT RIGHT NOW.  SO I'LL TELL YOU A LITTLE STORY.  TIO ALI

                                         16



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    TAUGHT ME HOW TO DANCE SALSA AT THE AGE OF FIVE.  HE TAUGHT ME HOW TO

                    PLAY BASEBALL AT THE AGE OF NINE.  AND, LADIES AND GENTLEMEN, HE TAUGHT

                    ME HOW TO BOX.  YES, I HAVE A MEAN RIGHT HOOK BECAUSE OF HIM.

                                 (LAUGHTER)

                                 SPEAKER, CAN YOU PLEASE GIVE THE CORDIALITIES OF THE

                    HOUSE TO MY UNCLE ALI HIS FRIEND ROSA.

                                 ACTING SPEAKER PICHARDO:  ABSOLUTELY, MS.

                    DAVILA -- DAVILA.  ON BEHALF OF MS. DAVILA, THE SPEAKER AND ALL THE

                    MEMBERS, WE WELCOME PART OF THE FAMILY HERE TO THE NEW YORK STATE

                    ASSEMBLY.  AS FAMILY, YOU'RE ALWAYS EXTENDED THE PRIVILEGES OF THE

                    HOUSE AND THE CORDIALITIES OF THE FLOOR.  WE HOPE THAT YOU ENJOY THE

                    PROCEEDINGS, AND PLEASE, PLEASE COME BACK AGAIN.  AND AGAIN, FAMILY'S

                    IMPORTANT, AND IT ALWAYS IS NICE TO BRING FAMILY TO SEE THE IMPORTANT

                    WORK THAT WE DO, BUT ALSO TO LEND SUPPORT AND MAKING SURE THAT WE'RE

                    OKAY AND THAT WE CONTINUE TO DO THE WORK.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MS. SEAWRIGHT FOR AN INTRODUCTION.

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

                    MY HONOR TO RECOGNIZE AND INTRODUCE SOME VERY SPECIAL GUESTS IN THE

                    CHAMBER TODAY.  LATER THIS AFTERNOON, IT'S MY UNDERSTANDING WE'LL BE

                    TAKING UP A PRIVILEGED RESOLUTION HONORING EDIE WINDSOR.  AND WE

                    HAVE HERE TODAY IN THE CHAMBER HER SPOUSE, JUDITH KASEN-WINDSOR.

                    JUDITH HAS BEEN A CHAMPION OF LGBTQI CAUSES.  SHE FOCUSES HER

                    PHILANTHROPY ON NUMEROUS ORGANIZATIONS SUCH AS THE HETRICK MARTIN

                    INSTITUTE, CALLEN-LORDE COMMUNITY HEALTH CENTER, THE THEA SPYER

                                         17



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    CENTER, THE LGBT COMMUNITY CENTER, AND SAGE, JUST TO NAME A FEW.

                                 WE ALSO HAVE IN THE CHAMBER SUSIE ROSSI, A

                    NEWLY-ORDAINED DEACON AT THE ST. MICHAEL'S LUTHERAN CHURCH IN

                    AMAGANSETT.  SHE HAS DEDICATED HER LIFE TO EDUCATION, AND IS NOW A

                    RETIRED ASSISTANT PRINCIPAL FROM STATEN ISLAND.  SHE'S ALSO AN

                    AWARD-WINNING GOLFER.  AS WELL AS DEBORAH LEVINSON, AN ACTIVIST AND

                    LEADER IN THE LGBT COMMUNITY, AS WELL AS A PRACTICING CPA AND AVID

                    GOLFER.  AND GABRIEL BLAU, WHO IS THE EXECUTIVE DIRECTOR OF EQUALITY

                    NEW YORK, CHAIR OF EQUALITY NEW YORK'S LGBTQI COALITION

                    COORDINATORS.

                                 AND I ASK THAT YOU PLEASE EXTEND TO THEM THE

                    CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER PICHARDO:  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.  WE HOPE THAT YOU ENJOY THE

                    PROCEEDINGS THIS AFTERNOON.  AND WE WANT TO THANK YOU FOR YOUR

                    ADVOCACY ON BEHALF OF MILLIONS OF AMERICANS TO MOVE THIS COUNTRY IN

                    MAKING THIS A MUCH MORE PERFECT UNION IN THE VISIONS OF OUR

                    FOREFATHERS, BUT MORE IMPORTANTLY, THAT EVERYONE CAN LOVE AND BE FREE

                    AS THEY SEE FIT.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. BLAKE FOR AN INTRODUCTION.

                                 MR. BLAKE:  THANK YOU, MR. SPEAKER, FOR THE

                    PURPOSE OF THIS INTRODUCTION.  ALLOW ME, COLLEAGUES, TO -- TO INTRODUCE

                                         18



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    DEAR FRIENDS AND LEADERS FROM MONTERREY SECURITY.  IN PARTICULAR,

                    SEVERAL INDIVIDUALS THAT ARE HERE.  COLLEAGUES, MONTERREY SECURITY IS

                    THE LARGEST MINORITY-OWNED SECURITY FIRM IN THE COUNTRY, FOUNDED IN

                    1999.  AND JUST SOME NOTABLE THINGS ABOUT THEM THAT WE SHOULD

                    REFERENCE.  WHILE BASED IN CHICAGO, THEY HAVE A MOTTO, "DO THE RIGHT

                    THING THE RIGHT WAY FOR THE RIGHT REASON."  FIVE PRO SPORTS LEAGUES.

                    THEY PROVIDED SECURITY FOR NATO.  THEY HAVE 4,300 EMPLOYEES, AND

                    IN PARTICULAR OF NOTE, 71 PERCENT OF THEIR EMPLOYEES ARE PEOPLE OF COLOR

                    OR WOMEN.  BROKEN DOWN, 32 PERCENT AFRICAN-AMERICAN, 22 PERCENT

                    ARE LATINO.  TEN PERCENT OF ALL THEIR EMPLOYEES ARE VETERANS, AND 33

                    PERCENT, COLLEAGUES, ARE LOW-LEVEL OFFENSE SECOND-CHANCE CITIZENS WHO

                    THEY GAVE A SECOND CHANCE TO TURN THEIR LIVES AROUND.  WITH US TODAY,

                    JUAN GAYTAN, THE PRESIDENT AND CEO; HIS BROTHER, STEVE, WHO'S THE

                    EVP; JOE ORI, WHO IS THE GENERAL COUNSEL; AND REYAHD KAZMI, WHO IS

                    THEIR SENIOR ADVISOR.  ALL THAT WE TALKED ABOUT IN TERMS OF

                    EMPOWERING MINORITY- AND WOMEN-OWNED BUSINESSES AND WHAT THEY

                    ARE DOING NOT JUST IN CHICAGO BUT AROUND THE COUNTRY AND, QUITE

                    FRANKLY, GIVING VETERANS AN OPPORTUNITY AND GIVING SECOND-CHANCE

                    CITIZENS AN OPPORTUNITY.  I THOUGHT IT WAS APPROPRIATE FOR US TO TAKE A

                    MOMENT TO PAUSE AND -- AND RECOGNIZE THEM.

                                 SO, MR. SPEAKER, IF WE CAN OFF -- OFFER MONTERREY

                    SECURITY THE CORDIALITIES OF THIS HOUSE, I'D BE VERY APPRECIATIVE.

                                 ACTING SPEAKER PICHARDO:  ABSOLUTELY, MR.

                    BLAKE.  ON BEHALF OF MR. BLAKE, MS. BICHOTTE, THE SPEAKER AND ALL THE

                    MEMBERS, WE WELCOME THESE DISTINGUISHED GUESTS OF THE GENTLEMAN

                                         19



                    NYS ASSEMBLY                                                     MAY 8, 2018

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

                    PRIVILEGES OF THE FLOOR.  WE HOPE THAT YOU ENJOY THE PROCEEDINGS THIS

                    AFTERNOON.  AND YOUR MOTTO ARE WORDS THAT EVERYBODY IN THIS HOUSE

                    AND -- AND ALL WALKS OF LIFE SHOULD LIVE BY.  SO, THANK YOU FOR

                    EVERYTHING THAT YOU DO FOR OUR COMMUNITIES IN MAKING SURE THAT FOLKS

                    ARE GAINFULLY -- GAINFULLY EMPLOYED AND DO THE RIGHT THING ALL THE TIME.

                    THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. MORELLE.

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

                    LIKE TO ASK MEMBERS OF THE JUDICIARY COMMITTEE TO JOIN MR. DINOWITZ

                    IN THE SPEAKER'S CONFERENCE ROOM.  MEMBERS OF JUDICIARY IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER PICHARDO:  MEMBERS OF THE

                    JUDICIARY, SPEAKER'S CONFERENCE ROOM.  MR. DINOWITZ IS EITHER THERE

                    OR ON HIS WAY.  PLEASE JOIN HIM FOR THE JUDICIARY COMMITTEE.

                                 MR. MORELLE.

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

                    LIKE TO GO TO RESOLUTIONS ON PAGE 3 AND BEGIN WITH ASSEMBLY

                    RESOLUTION NO. 1142 BY MS. ESPINAL.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    READ.

                                 MR. MORELLE:  WHO WISHES TO BE HEARD ON THE

                    RESOLUTION, I'M SORRY.

                                 ACTING SPEAKER PICHARDO:  FAIR ENOUGH.

                                         20



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1142, MS.

                    ESPINAL.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MAY 8, 2018 AS DOMESTIC VIOLENCE

                    AWARENESS AND PREVENTION DAY IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  MS. ESPINAL ON

                    THE RESOLUTION.

                                 MS. ESPINAL:  THANK YOU, MR. SPEAKER.  ENOUGH IS

                    ENOUGH.  SEVENTY-EIGHT PEOPLE WERE MURDERED BY INTIMATE PARTNERS IN

                    NEW YORK IN 2016.  11,379 PROTECTIVE ORDERS WERE FILED AGAINST

                    INTIMATE PARTNERS.  POLICE ACROSS THE STATE RESPONDED TO OVER 2,000 --

                    215,000 ASSAULTS BY INTIMATE PARTNERS.  ENOUGH IS ENOUGH.  EACH ONE

                    OF THOSE CASES HAVE TENTACLES THAT SPREAD OUT FAR BEYOND THE ABUSER AND

                    DIRECT VICTIM.  THEY HAVE TENTACLES THAT REACH OUT, FOREVER CHANGED THE

                    LIFE OF FAMILY, FRIENDS AND CHILDREN THAT WITNESS THESE EVENTS.

                    COMMUNITIES LIKE MINE, COMMUNITIES MADE UP OF LOW-INCOME, WOMEN

                    OF COLOR, ARE DISPROPORTIONATELY AFFECTED BY THESE CRIMES.  THE

                    THOUSANDS OF UNDOCUMENTED WOMEN THAT LIVE IN OUR NEIGHBORHOOD THAT

                    ARE -- UNDER OUR CURRENT PRESIDENT FEAR DEPORTATION MORE THAN THEIR

                    ABUSER STAY SILENT.  I SAY ENOUGH IS ENOUGH.

                                 SO TODAY, WE PASS A RESOLUTION MAKING TOMORROW

                    DOMESTIC VIOLENCE AWARENESS DAY.  I INTRODUCED THIS RESO --

                    RESOLUTION DAYS AGO.  BEFORE I COULD EVEN EXPECT THAT THERE WOULD BE

                    HEADLINES THAT MADE IT VERY CLEAR THAT WE HAVE A LOT MORE WORK TO BE --

                                         21



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    A LOT MORE WORK TO DO AS A STATE AND AS A SOCIETY TO THOSE BRAVE WOMEN

                    WHO ARE STANDING UP AND SPEAKING OUT.  NOT JUST YESTERDAY, BUT EVERY

                    DAY.  WE SUPPORT YOU.  WE BELIEVE YOU.  BUT STILL, MORE MUST BE DONE.

                    TODAY WE MAKE A STATEMENT THAT WE MUST COME OUT -- OUT OF OUR

                    SHADOWS AND PUT AN END TO SILENCE, BUT END TO VIOLENCE.

                                 THANK YOU.

                                 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. 1143, MR.

                    CUSICK.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MAY 8, 2018 AS POLICE MEMORIAL 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

                    ADOPT.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO.1144, MR.

                    MORELLE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MAY 5-12, 2018 AS OSTEOGENESIS

                    IMPERFECTA AWARENESS WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.

                                         22



                    NYS ASSEMBLY                                                     MAY 8, 2018


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1145, MS.

                    SOLAGES.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO EXPLAIN MAY 6-12, 2018 AS FIBROMYALGIA

                    AWARENESS WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1146, MS.

                    JAFFEE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MAY 6-12, 2018 AS WOMEN'S LUNG

                    HEALTH WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  MS. JAFFEE ON THE

                    RESOLUTION.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  WOMEN'S

                    LUNG HEALTH WEEK CELEBRATES AND HONORS THE POWER OF WOMEN WHO

                    STAND UNITED TO FIGHT LUNG CANCER, AS WELL AS OTHER LUNG DISEASES

                    INCLUDING ASTHMA, CHRONIC PULMONARY DISEASE, PULMONARY HYPERTENSION

                    AND PULMONARY FIBROSIS.  ALTHOUGH SMOKING RATES HAVE DROPPED

                    SIGNIFICANTLY OVER THE LAST TWO DECADES, THE LUNG CANCER RATE IN WOMEN

                    HAS MORE THAN DOUBLED OVER THE LAST 35 YEARS.  LUNG CANCER IS THE

                    NUMBER-ONE KILLER OF WOMEN IN NEW YORK AND THE UNITED STATES.

                    EVERY FIVE MINUTES, A WOMAN IN THE UNITED STATES IS TOLD SHE HAS LUNG

                    CANCER.  WHILE TOBACCO USE INCREASES YOUR RISK OF DEVELOPING LUNG

                                         23



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    CANCER, LIFESTYLE-RELATED BEHAVIORS ARE ALSO LINKED TO AN INCREASE IN THE

                    RISK OF CANCER DIAGNOSIS.  LUNG CANCER KILLS ALMOST TWICE AS MANY

                    WOMEN AS ANY OTHER CANCER.  IT IS THE LEAD CAUSE OF CANCER DEATHS FOR

                    WOMEN IN THE UNITED STATES.  SO LET'S PUT AN END TO WHAT THE ALA HAS

                    CALLED A SILENT EPIDEMIC.  WORKING TOGETHER THROUGH ADVOCACY AND

                    EDUCATION, WE CAN RAISE AWARENESS, INCREASE SCREENING AND EARLY

                    DETECTION, SUPPORT TREATMENT AND SAVE LIVES.

                                 TODAY WE STAND TOGETHER AGAINST LUNG CANCER AND FOR

                    LUNG HEALTH.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO.1147, MS.

                    HUNTER.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MAY 2018 AS BUILDING SAFETY MONTH

                    IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.

                                 MR. MORELLE.

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

                    GO TO BILLS ON THE CALENDAR, LET ME JUST INTERRUPT, IF I MIGHT, FOR AN

                    INTRODUCTION OF VERY DISTINGUISHED INDIVIDUALS WHO ARE HERE ON BEHALF

                    OF MR. CASTORINA AND MR. CUSICK FROM THE STATEN ISLAND UNIVERSITY

                                         24



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    HOSPITAL:  MR. JOSEPH SCHULMAN, WHO IS THE EXECUTIVE VICE PRESIDENT

                    OF NORTHWELL HEALTH; TIMOTHY SULLIVAN -- DR. TIMOTHY SULLIVAN, WHO

                    IS THE ACTING CHAIR OF THE DEPARTMENT OF BEHAVIORAL SCIENCE; MR.

                    FRANK BESIGNANO, WHO IS THE CHAIR OF THE BOARD OF THE STATEN ISLAND

                    UNIVERSITY HOSPITAL; JOANNE PIETRO, WHO IS THE ASSISTANT EXECUTIVE

                    DIRECTOR OF THE DEPARTMENT OF BEHAVIORAL SCIENCE; AND AS YOU'VE

                    ALREADY INTRODUCED, DR. LOU TOBACCO -- I DON'T KNOW IF HE'S REALLY A

                    DOCTOR, BUT IN MY MIND HE'S A DOCTOR -- ASSOCIATE EXECUTIVE DIRECTOR

                    OF GOVERNMENT AFFAIRS.  WE ARE DELIGHTED TO HAVE THESE INDIVIDUALS IN

                    THE CHAMBER, AND ALWAYS GREAT TO SEE -- TO SEE OUR FORMER COLLEAGUE

                    AND FRIEND.

                                 AND IF YOU WOULD PLEASE, ON BEHALF OF MR. CUSICK,

                    MR. CASTORINA AND THE REST OF THE CHAMBER, PLEASE EXTEND ALL THE

                    CORDIALITIES OF THE HOUSE TO THESE DISTINGUISHED INDIVIDUALS.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. CASTORINA, MR. CUSTICK -- MR. CUSICK, THE SPEAKER AND ALL THE

                    MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY,

                    EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  THIS IS THE PEOPLE'S HOUSE.

                    WE ARE ALWAYS SO PLEASED THAT YOU WILL JOIN US HERE AS HEALTH

                    PROFESSIONALS FROM STATEN ISLAND.  CONTINUE THAT GREAT WORK. CONTINUE

                    TO ENSURE THAT WE HAVE A HEALTHY NEW YORK.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. MORELLE.

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

                    TO BEGIN CONSENTING ON PAGE 78 OF THE MAIN CALENDAR, WITH CALENDAR

                                         25



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    NO. 825 BY MR. GANTT.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00178, CALENDAR NO.

                    825, GANTT.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION

                    TO REQUIRING REEXAMINATION OF DRIVERS IN CERTAIN CASES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00330-B, CALENDAR

                    NO. 826, DINOWITZ, GOTTFRIED, GALEF, JAFFEE, HOOPER, COOK, SOLAGES,

                    SKOUFIS, BLAKE, MOSLEY, BARRON, ABINANTI, WEPRIN.  AN ACT TO AMEND

                    THE PUBLIC HEALTH LAW, IN RELATION TO PROHIBITING SMOKING WITHIN 100

                    FEET OF THE ENTRANCES OR EXITS OF ANY PUBLIC OR ASSOCIATION LIBRARY

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01628, CALENDAR NO.

                    827, MOSLEY, DAVILA, WALKER, JOYNER, BICHOTTE, ARROYO, O'DONNELL,

                    DE LA ROSA, BARRON, PERRY.  AN ACT TO AMEND THE ADMINISTRATIVE CODE

                    OF THE CITY OF NEW YORK, THE EMERGENCY TENANT PROTECTION ACT OF

                    1974, AND THE EMERGENCY HOUSING RENT CONTROL LAW, IN RELATION TO

                    ADJUSTMENT OF MAXIMUM ALLOWABLE RENT.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01805-A, CALENDAR

                    NO. 828, PEOPLES-STOKES, TITONE, PERRY, GLICK, BRONSON.  AN ACT TO

                    AMEND THE CORRECTION LAW, IN RELATION TO HUMAN IMMUNODEFICIENCY

                    VIRUS (HIV) PREVENTION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01992, CALENDAR NO.

                                         26



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    829, ABINANTI, ROZIC, SKOUFIS, CRESPO, COOK, HIKIND, MCDONOUGH,

                    PALUMBO, SANTABARBARA, HOOPER, ZEBROWSKI, GOTTFRIED, STECK, SIMON,

                    MOSLEY, JAFFEE, BARRON, BLAKE, SOLAGES, CAHILL, COLTON, BRABENEC,

                    ENGLEBRIGHT, WEPRIN.  AN ACT TO AMEND THE TRANSPORTATION LAW, IN

                    RELATION TO THE CREATION OF A TOLL-FREE HOTLINE AND A WEBSITE WHERE

                    MOTORISTS CAN REPORT POTHOLES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A02824, CALENDAR NO.

                    830, GOTTFRIED, COOK, GLICK, ORTIZ, GALEF, WEPRIN.  AN ACT TO AMEND

                    THE ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO AUTHORIZING THE

                    IMPOSITION OF CERTAIN TERMS AND CONDITIONS AS PART OF CERTAIN LICENSES

                    FOR ON-PREMISES CONSUMPTION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04047, CALENDAR NO.

                    831, WEPRIN, O'DONNELL.  AN ACT TO AMEND THE EXECUTIVE LAW, IN

                    RELATION TO PROCEDURES FOR THE CONDUCT OF THE WORK OF THE STATE BOARD

                    OF PAROLE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04371, CALENDAR NO.

                    832, TITUS, WEPRIN.  AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

                    RELATION TO EXEMPTING CERTAIN FUNDS IN A QUALIFIED TUITION PROGRAM IN

                    THE CALCULATION OF HOUSEHOLD BENEFITS UNDER PUBLIC ASSISTANCE

                    PROGRAMS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A05083, CALENDAR NO.

                                         27



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    833, L. ROSENTHAL, CRESPO, DAVILA, BARRON, MCDONALD.  AN ACT TO

                    AMEND THE MENTAL HYGIENE LAW, IN RELATION TO COMMISSIONING A

                    STATEWIDE EVALUATION REGARDING THE EXTENT OF GAMBLING BY NEW YORK

                    STATE RESIDENTS.

                                 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. MORELLE.

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

                    WE BARELY BEAT THE MOCK SESSION FIRST VOTE OF THE DAY, BUT THIS IS OUR

                    FIRST VOTE OF THE DAY.  SO, MEMBERS PLEASE CAST YOUR VOTE.  THOSE OF

                    YOU WHO ARE NEAR THE CHAMBER, PLEASE MAKE YOUR WAY IN FOR YOUR FIRST

                    VOTE OF THE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05539-A, CALENDAR

                    NO. 834, HAS BEEN AMENDED.


                                 ASSEMBLY NO. A06153, CALENDAR NO. 835, CUSICK,

                    PERRY, ERRIGO.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO WORK

                    HOURS FOR LIFEGUARDS.

                                         28



                    NYS ASSEMBLY                                                     MAY 8, 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.)

                                 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 REAL PROPERTY TAXATION COMMITTEE TO JOIN

                    MRS. GALEF IN THE SPEAKER'S CONFERENCE ROOM.  REAL PROPERTY

                    TAXATION IN THE SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  REAL PROPERTY

                    TAXATION, SPEAKER'S CONFERENCE ROOM, IMMEDIATELY.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06233, CALENDAR NO.

                    836, ABBATE, BRINDISI, SANTABARBARA, STECK.  AN ACT TO AMEND THE CIVIL

                    SERVICE LAW, IN RELATION TO RESOLUTION OF DISPUTES IN THE COURSE OF

                    COLLECTIVE NEGOTIATIONS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06413-A, CALENDAR

                    NO. 837, ABBATE, BRINDISI, COLTON, JEAN-PIERRE, SOLAGES, MCDONOUGH,

                    WOERNER, SANTABARBARA, PHEFFER AMATO, WEPRIN, PELLEGRINO, CURRAN,

                    B. MILLER.  AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW,

                                         29



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    IN RELATION TO CERTAIN DISABILITIES OF UNIVERSITY POLICE OFFICERS

                    APPOINTED BY THE STATE UNIVERSITY OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, SIR.  AS I INDICATED

                    EARLIER, WE WOULD LIKE TO TAKE UP THE BILLS THAT CONSTITUTE OUR DOMESTIC

                    VIOLENCE PACKAGE.  I'D LIKE TO START WITH THE FIRST THREE, IF I CAN GIVE

                    THOSE TO YOU, BEGINNING WITH CALENDAR NO. 110, WHICH IS ON PAGE 14 OF

                    THE MAIN CALENDAR BY MS. WEINSTEIN.  FOLLOW THAT WITH CALENDAR NO.

                    115 -- 1-1-5 --BY MR. ZEBROWSKI ON PAGE 15, AND THEN THIS GROUPING I

                    WOULD LIKE TO CONCLUDE WITH CALENDAR NO. 306 BY MR. LAVINE, WHICH

                    YOU CAN FIND ON PAGE 33.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01481-A, CALENDAR

                    NO. 110, WEINSTEIN, SIMOTAS, JAFFEE, FAHY, L. ROSENTHAL, PERRY,

                                         30



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    ZEBROWSKI, M.G. MILLER, PAULIN, SKOUFIS, TITUS, GOTTFRIED, BLAKE, OTIS,

                    LAVINE, COLTON, SEAWRIGHT, BICHOTTE.  AN ACT TO AMEND THE EXECUTIVE

                    LAW, IN RELATION TO PROHIBITING EMPLOYERS FROM DISCRIMINATING AGAINST

                    VICTIMS OF DOMESTIC VIOLENCE; AND TO REPEAL CERTAIN PROVISIONS OF SUCH

                    LAW RELATING THERETO.

                                 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.


                                 THE CLERK:  ASSEMBLY NO. A01516, CALENDAR NO.

                    115, ZEBROWSKI, GALEF, CAHILL, COLTON, HOOPER, ABBATE, GUNTHER,

                    TITONE, M.G. MILLER, SEAWRIGHT, BICHOTTE.  AN ACT TO AMEND THE CIVIL

                    PRACTICE LAW AND RULES, IN RELATION TO ESTABLISHING A TIME PERIOD IN

                    WHICH AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM DOMESTIC

                    VIOLENCE MUST BE BROUGHT.

                                 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.)

                                         31



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK: ASSEMBLY NO. A04014-A, CALENDAR

                    NO. 306, LAVINE, OTIS, M.G. MILLER, CRESPO, FAHY, WALKER, BRONSON,

                    RICHARDSON, BICHOTTE.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO HOSPITAL DOMESTIC VIOLENCE POLICIES AND PROCEDURES.

                                  ACTING SPEAKER AUBRY:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JANUARY 1ST

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.).

                                 MR. GOODELL  TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  I WILL BE VOTING IN FAVOR OF THIS BILL.  I APPRECIATE THE EFFORTS

                    OF THE SPONSOR TO INCREASE TRAINING IN HOSPITAL EMPLOYEES TO RECOGNIZE

                    DOMESTIC VIOLENCE.  I WOULD ALSO, HOWEVER, RECOMMEND THAT IN THE

                    FUTURE WE ALSO CONSIDER EXPANDING THIS TYPE OF TRAINING FOR THOSE THAT

                    ARE MOST LIKELY TO BE IN CONTACT WITH VICTIMS OF DOMESTIC ABUSE TO

                    INCLUDE JUDGES, COURT PERSONNEL, LAW ENFORCEMENT, SCHOOL DISTRICT

                    EMPLOYEES, HEALTH AND MENTAL HEALTH PROFESSIONALS.

                                 SO, WITH THAT AS AN INITIAL START, CERTAINLY, THIS IS A

                    GOOD STEP IN THAT RIGHT DIRECTION AND I LOOK FORWARD TO MORE PROGRESS IN

                    THIS AREA.  THANK YOU VERY MUCH, SIR.

                                         32



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MR.

                    GOODELL 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 WOULD

                    LIKE TO ASK MEMBERS OF THE CONSUMER AFFAIRS COMMITTEE TO JOIN MR.

                    TITONE IN THE SPEAKER'S CONFERENCE ROOM.  CONSUMER AFFAIRS.

                                 ACTING SPEAKER AUBRY:  CONSUMER AFFAIRS,

                    MR. TITONE WILL MEET YOU IN THE SPEAKER'S CONFERENCE ROOM.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.   LET'S TAKE UP THE NEXT

                    THREE BILLS IN THIS ORDER, IF I MIGHT:  CALENDAR NO. 424 BY MS.

                    WEINSTEIN, WHICH IS ON PAGE 45 OF THE CALENDAR.  AND THEN CALENDAR

                    NO. 65 BY MS. ROZIC, WHICH IS ON PAGE 10, FOLLOWED BY CALENDAR NO.

                    73, ALSO BY MS. ROZIC ON PAGE 6.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05921, CALENDAR NO.

                    424, WEINSTEIN, WEPRIN, SEAWRIGHT, MOSLEY, BICHOTTE, JOYNER.  AN ACT

                    TO AMEND THE FAMILY COURT ACT AND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO NOTIFICATION OF RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE IN

                    CRIMINAL AND FAMILY COURT PROCEEDINGS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                                         33



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

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

                    TO ASK MEMBERS OF THE CODES COMMITTEE TO GO TO THE SPEAKER'S

                    CONFERENCE ROOM.  CODES COMMITTEE, MR. LENTOL IS PREPARED TO TAKE

                    YOU THERE.

                                 ACTING SPEAKER AUBRY:  CODES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM.  JOIN MR. LENTOL, PLEASE.  THANK YOU.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00946-A, CALENDAR

                    NO, 65, ROZIC, ABBATE, ABINANTI, BLAKE, BRINDISI, BRONSON, COLTON,

                    JONES, OTIS, RAIA, RICHARDSON, RODRIGUEZ, L. ROSENTHAL, SIMON,

                    WALKER, CASTORINA, D'URSO, SEAWRIGHT, NIOU, PHEFFER AMATO, BICHOTTE.

                    AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING THE

                    RELEASE OF INDIVIDUALS FROM SHARED OR FAMILY WIRELESS TELEPHONE PLANS

                    IN INSTANCES OF DOMESTIC VIOLENCE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. ROZIC.

                                 BUT BEFORE WE GET TO THAT, LET'S HAVE THE HOUSE SETTLE

                                         34



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    DOWN, PLEASE.  MEMBERS, CONVERSATIONS SHOULD CEASE.  CONVERSATIONS

                    SHOULD CEASE.  MEMBERS TAKE THEIR SEATS, PLEASE.  WE WILL WAIT UNTIL

                    THAT FOLK PASS YOU THERE, MS. ROZIC.

                                 MS. ROZIC:  OKAY.

                                 ACTING SPEAKER AUBRY:  GO AHEAD, MS. ROZIC.

                                 MS. ROZIC:  OKAY.  THANK YOU, MR. SPEAKER.  THIS

                    BILL WOULD REQUIRE WIRELESS TELEPHONE COMPANIES TO PERMIT VICTIMS OF

                    DOMESTIC VIOLENCE TO CANCEL THEIR CONTRACTS WITH THE COMPANIES

                    WITHOUT INCURRING ANY CANCELLATION FEES.  THE VICTIM WOULD NEED TO

                    REQUEST SUCH A CANCELLATION IN WRITING, AND PROVIDE AN OFFICIAL

                    DOCUMENT THAT PROVES SUCH ABUSE OCCURRED IN THE PAST SIX MONTHS.

                    THESE DOCUMENTS COULD INCLUDE DOMESTIC INCIDENT -- A DOMESTIC

                    INCIDENT REPORT, A POLICE REPORT, AN ORDER OF PROTECTION OR A SIGNED

                    AFFIDAVIT FROM A MEDICAL PROVIDER, RAPE CRISIS COUNSELOR, DOMESTIC

                    VIOLENCE ADVOCATE, COURT EMPLOYEE IN THE APPROPRIATE CAPACITY, OR

                    SOCIAL WORKER.  THIS BILL WOULD ALSO REQUIRE THE WIRELESS TELEPHONE

                    COMPANY TO PROVIDE THE VICTIM WITH A NEW TELEPHONE NUMBER, IF

                    REQUESTED.  AS YOU KNOW, 98 PERCENT OF VICTIMS OF DOMESTIC VIOLENCE

                    AND THEIR CASES INVOLVE SOME FORM OF FINANCIAL ABUSE, AND AROUND 75

                    OF DOMESTIC VIOLENCE-RELATED MURDER HAPPEN WHEN THE VICTIM IS

                    ATTEMPTING TO LEAVE.  SO, ALLOWING VICTIMS TO CANCEL CONTRACTS AND

                    CHANGE THEIR TELEPHONE NUMBERS DUE TO A NECESSARY QUICK MOVE OR

                    OTHERWISE IS ESSENTIAL TO THEIR SAFETY AND SECURITY.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 BUT WE WILL ASK THAT CROWD -- MEMBERS, YOU'RE IN

                                         35



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    BETWEEN THE TWO DEBATING ENTITIES.  IF YOU WOULD SIT DOWN.  THANK YOU.

                                 MR. GOODELL, PROCEED.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. ROZIC, WILL YOU

                    YIELD?

                                 MS. ROZIC:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

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

                    I WANTED TO REVIEW WHAT'S IN THE BILL FIRST AND SEE -- MAKE SURE

                    EVERYONE UNDERSTANDS WHAT WE'RE TALKING ABOUT.  THIS BILL WOULD ONLY

                    APPLY, IF I'M CORRECT, FOR A SHARED PHONE PLAN.  SO IT WOULD HAVE TO BE A

                    PLAN THAT'S WITH THE ABUSER AS WELL AS THE VICTIM?

                                 MS. ROZIC:  YES.

                                 MR. GOODELL:  AND THIS PROVIDES THAT THE CONTRACT

                    COULD BE CANCELED WITHIN SIX MONTHS OF A REPORTED INCIDENT OF

                    DOMESTIC ABUSE, CORRECT?

                                 MS. ROZIC:  IT WOULD BE DATED WITHIN SIX MONTHS OF

                    THE DOCUMENT'S ISSUANCE.

                                 MR. GOODELL:  AND DOES THAT DOCUMENT HAVE TO

                    BE ISSUED AFTER THE CONTRACT HAS BEEN SIGNED, OR COULD IT BE SIX MONTHS

                    -- UP TO SIX MONTHS BEFORE THE CONTRACT?

                                 MS. ROZIC:  IT'S WITHIN SIX MONTHS.

                                 MR. GOODELL:  SO, IN OTHER WORDS, IF A PERSON

                    WERE THE VICTIM OF A DOMESTIC ABUSE, SAY, ON JANUARY 1ST, THEY COULDN'T

                                         36



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    SIGN A BINDING CONTRACT FOR THE NEXT SIX MONTHS?

                                 MS. ROZIC:  THEY COULD SIGN ANY CONTRACT THAT THEY

                    WANTED, BUT THEY WOULDN'T BE ABLE TO OPT OUT.  THEY WOULD BE ABLE TO

                    OPT OUT OF THIS PARTICULAR ONE.

                                 MR. GOODELL:  DURING THE -- FOR SIX MONTHS AFTER

                    -- AFTER THEY SIGN THE CONTRACT --

                                 MS. ROZIC:  YES.

                                 MR. GOODELL:  -- EVEN THOUGH THE ABUSE OCCURRED

                    BEFORE?  WOULDN'T THAT TEND TO DISCOURAGE PHONE COMPANIES FROM

                    SIGNING CONTRACTS WITH VICTIMS OF DOMESTIC ABUSE?

                                 MS. ROZIC:  NO.

                                 MR. GOODELL:  I MEAN, FROM A PHONE COMPANY'S

                    POINT OF VIEW, IF THEY HAVE A ONE-YEAR CONTRACT, AS AN EXAMPLE, THEY

                    WANT TO MAKE SURE THAT THAT CONTRACT IS ENFORCEABLE.  IF ON DAY ONE A

                    VICTIM WALKS IN THE FRONT DOOR AND THEY -- THEY HAVE THE ABSOLUTE RIGHT

                    TO WALK FROM THE CONTRACT, WOULDN'T THAT BE DISADVANTAGEOUS TO THE

                    VICTIM?  I MEAN, WOULDN'T THE PHONE COMPANY SAY, WE'RE NOT GOING TO

                    SIGN A CONTRACT WITH YOU BECAUSE IT'S NOT WORTH ANYTHING?

                                 MS. ROZIC:  WELL, LISTEN.  THIS -- THIS BILL ACTUALLY

                    JUST COVERS AND TALKS ABOUT CURRENT EXISTING SHARED-USE PLANS, AND THE

                    ULTIMATE GOAL IS TO PROTECT THE VICTIM OF THE DOMESTIC VIOLENCE FROM THE

                    ABUSER WHO'S ALSO IN THE PLAN.

                                 MR. GOODELL:  AS YOU KNOW, OFTENTIMES THIS --

                    THERE'S ALMOST A CYCLE OF DOMESTIC ABUSE.  OFTEN, THERE'S A BREAKUP,

                    THEN THEY GET BACK TOGETHER.  AND, TYPICALLY, IT CAN GO FIVE, SIX, SEVEN

                                         37



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    TIMES, RIGHT, BEFORE THEY FINALLY BREAK FREE, IF YOU WILL, OF THAT ABUSIVE

                    RELATIONSHIP.  CAN A PHONE COMPANY, WHEN SOMEONE COMES IN FOR A

                    JOINT PLAN, ASK IF EITHER OF THEM HAVE BEEN A VICTIM OF DOMESTIC ABUSE

                    WITHIN THE LAST SIX MONTHS?

                                 MS. ROZIC:  I HAVE NEVER HEARD OF A PHONE COMPANY

                    DOING THAT, BUT THAT DOESN'T MEAN THAT THEY CAN'T.

                                 MR. GOODELL:  SO THE ANSWER IS YES, THEY COULD?

                    OF COURSE THEY WOULDN'T DO IT NOW, BECAUSE IT'S IRRELEVANT.  BUT IF THIS

                    BILL BECAME LAW, THAT WOULD BECOME RELEVANT, RIGHT?

                                 MS. ROZIC:  AGAIN, I HAVE NEVER HEARD OF A PHONE --

                    OR A TELEPHONE COMPANY DOING THAT, BUT...

                                 MR. GOODELL:  IF -- THIS BILL PROVIDES THAT THEY ARE

                    ONLY ENTITLED TO THE CANCELLATION IF THE REQUEST IS MADE IN GOOD FAITH

                    CERTAINLY, I APPRECIATE AND SUPPORT THAT CONCEPT.  IS THERE A MECHANISM

                    UNDER THIS BILL FOR A PHONE COMPANY TO QUESTION WHETHER THAT REQUEST

                    WAS IN GOOD FAITH?

                                 MS. ROZIC:  UNDER THIS BILL -- THIS BILL REALLY JUST

                    SPEAKS TO THE FEES INCURRED, THE CANCELLATION FEES AND GETTING OUT OF A

                    PLAN.  IT DOESN'T REALLY SPEAK TO A SPECIFIC COMPANY'S RULES OR

                    REGULATIONS.

                                 MR. GOODELL:  NOW, THIS BILL REQUIRES A PHONE

                    COMPANY, UPON REQUEST FROM A VICTIM, TO GIVE THE VICTIM A NEW PHONE

                    NUMBER.  OF COURSE, IF THE VICTIM HAS A NEW PHONE NUMBER, THAT

                    PRESUMES THEY HAVE A CURRENT PLAN?

                                 MS. ROZIC:  IT WOULD BE THE SHARED-USE PLAN.

                                         38



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 MR. GOODELL:  AND SO, CAN THE PHONE COMPANY,

                    AS A CONDITION OF GIVING THEM A NEW PHONE NUMBER AND PRESUMABLY A

                    NEW CONTRACT, REQUIRE THE VICTIM TO WAIVE THE RIGHT TO CON -- TO CANCEL

                    THE NEW CONTRACT THAT THEY JUST CAME IN TO SIGN UP FOR?

                                 MS. ROZIC:  AGAIN, THIS -- THAT'S OUT OF THE

                    JURISDICTION OF THIS BILL.  THIS BILL JUST SPEAKS TO THOSE CANCELLATION

                    CHARGES.

                                 MR. GOODELL:  IF AN INDIVIDUAL BUYS A PHONE AND

                    THESE -- I'VE BEEN TOLD THAT SMARTPHONES ARE EXPENSIVE.  I STILL HAVE A

                    BLACKBERRY, IT WAS VERY CHEAP.  BUT IF SOMEONE COMES IN AND BUYS A

                    NEW PHONE ON AN INSTALLMENT PURCHASE CONTRACT, IT MIGHT RUN YEARS.

                    AND THEY WANT TO CANCEL IT AFTER, SAY, TWO MONTHS INTO THE CONTRACT.

                    DO THEY THEN HAVE TO PAY FOR THAT PHONE OR RETURN THE PHONE?  AND IF

                    THEY RETURN THE PHONE, DOES THIS BILL REQUIRE THAT THEY GET A DISCOUNT?

                                 MS. ROZIC:  THAT'S UP TO THE COMPANY'S REGULATIONS.

                    AGAIN, THAT'S NOT IN THIS BILL.

                                 MR. GOODELL:  AND SO, YOU WOULD ENVISION, THEN,

                    A CELL COMPANY MIGHT HAVE TWO CONTRACTS?  ONE FOR THE PURCHASE OF THE

                    PHONE, ONE FOR THE PHONE SERVICE, AND YOUR THOUGHT WAS THE CONTRACT

                    FOR THE PURCHASE OF THE PHONE WOULD NOT BE SUBJECT TO CANCELLATION,

                    ONLY THE SERVICE CONTRACT?

                                 MS. ROZIC:  CAN -- CAN YOU REPEAT THAT?  IT WAS HARD

                    TO HEAR.

                                 MR. GOODELL:  I -- I APOLOGIZE, I COULDN'T HEAR

                    YOU.

                                         39



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 MS. ROZIC:  I -- I COULDN'T HEAR YOU, SO...

                                 MR. GOODELL:  WELL, FAIR ENOUGH, THEN.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  MAYBE WE CAN --

                                 MS. ROZIC:  CAN YOU REPEAT THAT?

                                 ACTING SPEAKER AUBRY:  -- TRY AND QUIET

                    DOWN.  EVEN THE MOST QUIETEST CONVERSATIONS, WHEN YOU HAVE MULTIPLE,

                    WILL INTERFERE.  AND WE NEED TO TRY AND INCREASE THE VOLUME.

                                 LADIES AND GENTLEMEN --

                                 MR. GOODELL:  LET ME --

                                 ACTING SPEAKER AUBRY:  -- PROCEED.

                                 MR. GOODELL:  LET ME SEE IF I CAN BE A LITTLE BIT

                    LOUDER.  IF AN INDIVIDUAL IS BUYING A CELL PHONE UNDER AN INSTALLMENT

                    CONTRACT WITH THE PHONE COMPANY AND THEY ARE A VICTIM OF DOMESTIC

                    ABUSE, DOES THIS BILL GIVE THEM THE RIGHT TO CANCEL THE INSTALLMENT

                    CONTRACT OR ONLY THE TELEPHONE SERVICE?

                                 MS. ROZIC:  THIS BILL ONLY SPEAKS TO THE CANCELLATION

                    CHARGES.  ALL OF THE OTHER ASPECTS OF IT WOULD BE UP THE COMPANY'S

                    REGULATIONS.

                                 MR. GOODELL:  SO THEY COULD CANCEL THE CONTRACT.

                    THEY WOULDN'T BE CHARGED A CANCELLATION FEE, BUT THEN BASED ON WHAT

                    THE CONTRACT SAYS, THEY WOULD EITHER HAVE TO PAY OFF THE PHONE IN FULL OR

                    RETURN THE PHONE OR WHATEVER THE CONTRACT MIGHT SAY ON THE INSTALLMENT

                    CONTRACT.  SO THE ONLY THING THAT'S WAIVED IS A CANCELLATION FEE.

                                 MS. ROZIC:  CORRECT.

                                         40



                    NYS ASSEMBLY                                                     MAY 8, 2018

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

                    BASED ON OTHER DISCUSSIONS WITH YOU THAT YOU ARE CONSIDERING OTHER

                    AMENDMENTS IF -- IF THIS BILL WERE TO COME FORTH AGAIN.  IS THAT CORRECT?

                                 MS. ROZIC:  THAT'S CORRECT.

                                 MR. GOODELL:  WOULD YOU EXPLAIN WHAT THOSE

                    OTHER AMENDMENTS MIGHT -- ARE -- MIGHT BE?

                                 MS. ROZIC:  SO, AFTER HAVING TALKED TO A LOT OF

                    DIFFERENT INTERESTED PARTIES, WE ARE TIGHTENING SOME OF THE LANGUAGE TO

                    JUST MAKE SURE THAT IT DOES SPECIFY CANCELLATION.  THE WORD

                    "CANCELLATION" IS IN THERE.  AND THEN ALSO ALLOW -- WE ARE CONSIDERING

                    ALLOWING A PROVIDER OF WIRELESS SERVICES TO ALLOW A PERSON WHO OPTS

                    OUT OF THE SHARED PHONE PLAN AND WHO IS A VICTIM OF DOMESTIC VIOLENCE,

                    THAT THEY MIGHT IMPOSE CANCELLATION CHARGES OR OTHER FEES ON THE ACTUAL

                    ABUSER.

                                 MR. GOODELL:  THANK YOU VERY MUCH.  I DIDN'T

                    MEAN -- WAS THAT IT?  I DIDN'T MEAN TO CUT YOU OFF.  THANK YOU VERY

                    MUCH, MS. ROZIC.

                                 ON THE -- ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I THINK WE ALL APPRECIATE THE

                    CHALLENGES THAT OCCUR IF THERE'S A JOINT PLAN AND IT TURNS OUT THAT THAT

                    JOINT PLAN IS BETWEEN AN ABUSER AND -- AND A VICTIM, AND SO IT ONLY

                    MAKES SENSE THAT WE WANT TO HELP THE VICTIM GET OUT OF THAT JOINT PLAN.

                    AS EXPLAINED BY THE SPONSOR, THERE ARE OTHER ISSUES, MORE THAN JUST A

                                         41



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    CANCELLATION CHARGE.  SO IT'S NOT A PANACEA, BY ANY MEANS.  BECAUSE IF

                    THE VICTIM IS BUYING AN EXPENSIVE PHONE ON AN INSTALLMENT PLAN, THAT

                    PORTION OF THE CONTRACT PRESUMABLY EITHER REMAINS IN EFFECT, MEANING

                    THEY CONTINUE TO MAKE MONTHLY INSTALLMENT PAYMENTS UNTIL THEY OWN

                    THE PHONE, OR IT'S CANCELLED, IN WHICH CASE THEY EITHER ARE GOING TO HAVE

                    TO RETURN THE PHONE OR PAY IT OFF IN FULL.  EITHER WHICH OPTION CREATES AN

                    INTERESTING DILEMMA.  THE OTHER INTERESTING THING ABOUT THIS BILL IS THAT

                    IT BASICALLY SAYS TO THE PHONE COMPANY, DON'T -- DON'T GIVE JOINT PLANS

                    TO PEOPLE IF THERE'S ANY CONCERN THAT THERE MIGHT BE DOMESTIC VIOLENCE

                    BECAUSE THOSE CONTRACTS MIGHT NOT BE WORTH THE PAPER IT'S WRITTEN ON.

                                 I VERY MUCH APPRECIATE THE SPONSOR'S WILLINGNESS TO

                    CONSIDER SOME AMENDMENTS THAT ADDRESS SOME OF THESE ISSUES.  I'M

                    PARTICULARLY PLEASED THAT THE AMENDMENTS SHE'S CONSIDERING WOULD

                    ENABLE THE PHONE COMPANY TO IMPOSE A CANCELLATION CHARGE ON THE

                    ABUSER.  AND I THINK THAT'S IMPORTANT NOT ONLY AS A DETERRENT TO THE

                    ABUSER, BUT TO KEEP THE COST OF THE PHONE SERVICE DOWN FOR EVERYBODY

                    ELSE.  WE SHOULDN'T PUNISH AN INNOCENT THIRD-PARTY LIKE THE PHONE

                    COMPANY.  IF THERE'S AN ABUSE, WE OUGHT TO TRANSFER THOSE COSTS, AS

                    MUCH AS POSSIBLE, ON THE ABUSER.  SO I VERY MUCH APPRECIATE THOSE

                    COMMENTS.

                                 AND LAST YEAR I VOTED AGAINST THIS BILL.  THIS YEAR I WILL

                    BE SUPPORTING IT BASED ON THE AMENDMENTS THAT HAVE BEEN MADE.  BUT I

                    -- I DO THINK WE MIGHT WANT TO ALSO CONSIDER WHAT HAPPENS IN THE

                    CONTEXT OF THE INSTALLMENT PURCHASE.  THANK YOU VERY MUCH, MR.

                    SPEAKER, AND AGAIN, THANK YOU VERY MUCH TO THE SPONSOR.

                                         42



                    NYS ASSEMBLY                                                     MAY 8, 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01056, CALENDAR NO.

                    73, ROZIC, ABBATE, ABINANTI, BLAKE, BRONSON, COLTON, CRESPO, JONES,

                    OTIS, RAIA, RICHARDSON, RODRIGUEZ, SIMON, SEAWRIGHT, PHEFFER AMATO,

                    BICHOTTE.  AN ACT TO AMEND THE PUBLIC SERVICE LAW AND THE GENERAL

                    BUSINESS LAW, IN RELATION TO REQUIRING COMPANIES TO ALLOW VICTIMS OF

                    DOMESTIC VIOLENCE TO CANCEL CONTRACTS WHEN THERE IS A DOMESTIC

                    VIOLENCE INCIDENT REPORT, A POLICE REPORT, AN ORDER OF PROTECTION, OR A

                    SIGNED AFFIDAVIT.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. ROZIC.

                                 MS. ROZIC:  THANK YOU, MR. SPEAKER.  THIS BILL

                    WOULD REQUIRE CABLE, TELEPHONE AND SATELLITE COMPANIES TO PERMIT

                    VICTIMS OF DOMESTIC VIOLENCE TO CANCEL THEIR CONTRACTS WITH THE

                    COMPANIES WITHOUT INCURRING ANY CANCELLATION FEES.  SUCH AS THE BILL

                    WE JUST SAW BEFORE, THE VICTIM WOULD NEED TO REQUEST SUCH CANCELLATION

                    IN WRITING, AND PROVIDE AN OFFICIAL DOCUMENT THAT PROVES SUCH ABUSE

                    OCCURRED IN THE PAST SIX MONTHS.  AND THEY INCLUDE A DOMESTIC INCIDENT

                                         43



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    REPORT, A POLICE REPORT, AN ORDER OF PROTECTION, A SIGNED AFFIDAVIT FROM

                    A MEDICAL PROVIDER, RAPE CRISIS COUNSELOR, DOMESTIC VIOLENCE ADVOCATE,

                    COURT EMPLOYEE IN THE APPROPRIATE CAPACITY, OR A SOCIAL WORKER.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  UNLIKE THE BILL WE JUST DISCUSSED

                    WHICH ONLY APPLIED TO CELL PHONE PLANS WHERE BOTH THE ABUSER AND THE

                    ABUSED WERE IN A JOINT PLAN, THIS BILL APPLIES TO ANY TELEPHONE CONTRACT,

                    ANY CABLE TELEVISION OR SATELLITE TELEVISION CONTRACT WITHOUT ANY

                    REQUIRED NEXUS AT ALL BETWEEN THE ABUSER AND THE ABUSED.  THERE'S NO

                    REQUIREMENT, FOR EXAMPLE, THAT THE TELEPHONE OR CABLE TV OR SATELLITE

                    SERVICE BE TO A JOINT APARTMENT.  THEY COULD BE ENTIRELY SEPARATE.

                    THERE'S NO NEXUS WHATSOEVER BETWEEN THE ALLEGED DOMESTIC VIOLENCE

                    AND THE CANCELLATION OF THE CONTRACT.  THE ALLEGED DOMESTIC VIOLENCE

                    COULD HAVE OCCURRED BEFORE THE PERSON SIGNS UP FOR THE NEW SERVICE.

                    AND SO THEY SIGN UP FOR A NEW CABLEVISION SERVICE, THEY'RE IN A NEW

                    APARTMENT.  FIVE MONTHS LATER, THEY COULD CANCEL THE SERVICE WITH NO

                    CANCELLATION CHARGE.  UNLIKE THE PREVIOUS BILL, THERE'S NO ATTEMPT AT ALL

                    TO IMPOSE ANY RESPONSIBILITY ON THE ABUSER.  SO, 100 PERCENT OF THE COST

                    OF THE CANCELLATION FALLS ON THE TELEPHONE OR CABLE TV COMPANY OR THE

                    SATELLITE COMPANY.  AND I THINK WE SHOULD RECOGNIZE THAT PUTTING IN

                    CABLE SERVICES CAN BE EXPENSIVE.  I MEAN, THE FIRST TIME CABLE SERVICE IS

                                         44



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    PUT IN, THE CABLE COMPANY HAS TO RUN A CABLE TO THE HOUSE, THEY HAVE TO

                    RUN IT UP TO THE PROPER ROOM, THEY HAVE TO INSTALL IT.  THE FIRST TIME YOU

                    PUT IN DIRECTTV OR A SATELLITE TV, THEY ACTUALLY INSTALL SATELLITE DISH

                    EITHER ON THE HOUSE OR IN THE YARD.  AND SO, IF WE SAY THAT THE PERSON

                    WHO IS HIRING YOU TO DO ALL THIS WORK HAS THE ABSOLUTE RIGHT TO CANCEL

                    THE CONTRACT AT ANY TIME THROUGH NO FAULT WHATSOEVER OF THE COMPANY,

                    THEN WHAT YOU'RE GOING TO FIND IS A NUMBER OF UNINTENDED

                    RAMIFICATIONS. FIRST, YOU'RE GOING TO FIND THAT CABLE COMPANIES OR

                    SATELLITE TV COMPANIES ARE GOING TO BE INCLINED TO CHARGE THE ENTIRE

                    INSTALLATION COSTS UPFRONT, BECAUSE IF THEY DON'T CHARGE IT UPFRONT THEY

                    MIGHT NOT GET IT BACK.  SECOND, YOU'RE GOING TO SEE THAT THESE

                    COMPANIES -- ESPECIALLY IF IT'S AN EXPENSIVE INSTALLATION -- ARE GOING TO

                    BE RELUCTANT TO INSTALL THE SERVICE FOR ANYONE WHO MIGHT BE A VICTIM OF

                    DOMESTIC ABUSE.  AND YOU MIGHT SAY, WELL, HOW WOULD THEY KNOW?

                    WELL, IF YOU'VE EVER CANCELED IN THE LAST SIX MONTHS FROM THAT

                    COMPANY, THEY'RE GOING TO KNOW.  WHICH MEANS THE FIRST TIME YOU

                    CANCEL YOUR SERVICE WILL BE THE LAST TIME THEY PUT IT IN FOR FREE FOR YOU,

                    AND THAT HAS NEGATIVE RAMIFICATIONS FOR THE VICTIMS THEMSELVES.  I THINK

                    IF WE'RE -- WE'RE TRYING TO HELP VICTIMS, AND CERTAINLY THAT'S A LAUDABLE

                    GOAL, WE WANT TO MAKE SURE THE LEGISLATION IS CAREFULLY TRA -- CRAFTED

                    THAT THERE'S A CLEAR NEXUS THAT THE ABUSERS ARE PUNISHED AND THAT WE

                    DON'T CREATE RAMIFICATIONS THAT WILL HAVE A NEGATIVE IMPACT.

                                 I WOULD ALSO POINT OUT THAT THERE'S CONSTITUTIONAL

                    ISSUES ON THE FEDERAL LEVEL, BECAUSE THE U.S. CONSTITUTION CONTRACT

                    CLAUSE -- THE U.S. CONSTITUTION CONTRACT CLAUSE SAYS NO STATE SHALL PASS

                                         45



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    ANY LAW IMPAIRING THE OBLIGATION OF CONTRACTS.  AND WHAT WE SAY HERE

                    IS REGARDLESS OF WHAT YOU STATE IN THE CONTRACT, REGARDLESS OF THE LENGTH

                    OF TIME THAT'S IS NEGOTIATED, REGARDLESS OF THE RATE THAT YOU'RE CHARGING

                    BASED ON THAT TIME PERIOD, REGARDLESS OF THE AMORTIZATION, ONE PARTY

                    THAT CAN -- ONE PARTY CAN CANCEL THAT CONTRACT AT ANY TIME AS A RESULT OF

                    ACTIVITIES THAT HAVE NOTHING WHATSOEVER TO DO WITH THE OTHER PARTY.

                    AND SO I SERIOUSLY QUESTION WHETHER WE EVEN HAVE THE AUTHORITY.  I

                    WOULD LOVE TO SEE THIS BILL COME BACK UP WITH A NEXUS THAT CONNECTS IT

                    DIRECTLY, THAT'S MORE NARROWLY CRAFTED, WHICH WOULD MAKE IT EASIER TO

                    WITHSTAND THAT CONSTITUTIONAL REVIEW.  BUT UNTIL THEN, UNFORTUNATELY, I

                    WILL NOT BE ABLE TO SUPPORT THIS BILL.

                                 THANK YOU VERY MUCH, MR. SPEAKER, AND AGAIN, THANK

                    YOU TO THE SPONSOR FOR THE EXPLANATION.

                                 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, SIR.  BEFORE I TAKE UP

                    THE NEXT TWO BILLS, I WOULD LIKE TO ASK MEMBERS -- MEMBERS OF THE

                    GOVERNMENTAL OPERATIONS COMMITTEE TO JOIN MRS. PEOPLES-STOKES IN

                                         46



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    THE SPEAKER'S CONFERENCE ROOM.  GOVERNMENTAL OPERATIONS IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  GOVERNMENTAL

                    OPERATIONS, SPEAKER'S CONFERENCE ROOM.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  IF WE COULD TAKE UP THE

                    FOLLOWING TWO BILLS AS OUR CONTINUING THROUGH THIS PACK OF DOMESTIC

                    VIOLENCE BILLS:  CALENDAR NO. 101 BY MS. WEINSTEIN -- EXCUSE ME --

                    WHICH IS ON PAGE 13 OF THE MAIN CALENDAR.  FOLLOW THAT UP WITH

                    CALENDAR NO. 251 WHICH IS ON PAGE 8.  THAT'S BY MR. AUBRY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01390, CALENDAR NO.

                    101, WEINSTEIN, TITONE, JAFFEE, PERRY, ZEBROWSKI, SEAWRIGHT,

                    M.G. MILLER, PAULIN, TITUS, OTIS, BICHOTTE.  AN ACT TO AMEND THE CIVIL

                    PRACTICE LAW AND RULES, IN RELATION TO EXEMPTING PARTIES LIABLE FOR

                    FAILURE TO OBEY OR ENFORCE CERTAIN ORDERS OF PROTECTION OR TEMPORARY

                    ORDERS OF PROTECTION IN DOMESTIC VIOLENCE OR DOMESTIC RELATIONS

                    MATTERS FROM THE PROVISIONS OF ARTICLE 16 OF SUCH LAW, ENTITLED "LIMITED

                    LIABILITY OF PERSONS JOINTLY LIABLE."

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. WEINSTEIN.

                                 MS. WEINSTEIN:  YES, MR. SPEAKER.  AND FIRST LET

                    ME SAY, MR. GOODELL, IT'S MUCH MORE PLEASANT HAVING THIS DISCUSSION AT

                    4:00 P.M. THAN OUR PRIOR LAST DISCUSSION AT 4:00 A.M.  AND -- AND SINCE

                    OVER THE YEARS THERE'S BEEN SOME CONFUSION, I BELIEVE, AS TO WHAT THE

                                         47



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    BILL DOES, LET ME JUST START WITH WHAT THE BILL DOESN'T DO.  SO, THE

                    PROPOSAL DOES NOT IN ANY WAY CHANGE ANY SUBSTANTIVE TORT LAWS TO

                    ESTABLISH THE RIGHT TO RECOVER IN -- IN COURT.  A PLAINTIFF MUST STILL PROVE

                    THAT A DEFENDANT OWED THE DUTY OF CARE WHICH WAS BREACHED AND WHICH

                    BREACH CAUSED MOST OFTEN HER -- THE INJURIES.  THE BILL DOESN'T -- ALSO

                    DOES NOT CHANGE THE HIGH THRESHOLD, THE PROOF REQUIRED TO ESTABLISH

                    LIABILITY FOR PERSONAL INJURIES, NOR DOES IT SHIFT THE BURDEN OF PROOF.

                    AND IT ALSO DOES NOT REMOVE ANY IMMUNITIES SPECIFICALLY GRANTED TO

                    POLICE OR -- BY THE PUBLIC OFFICERS LAW.  SO WHAT THE BILL DOES, VERY

                    SIMPLY, IT SAYS THAT IF THERE HAS BEEN ESTABLISHED IN COURT LIABILITY FOR A

                    SPECIAL RELIANCE AND RELATIONSHIP OF THE PLAINTIFF ON THE DEFENDANT'S

                    ACTIONS AND WORDS AND DIRECT COMMUNICATION, THEN ONCE THAT HIGH

                    THRESHOLD OF LIABILITY HAS BEEN REACHED, THEN THE VICTIM OF DOMESTIC

                    VIOLENCE CAN RECEIVE A COURT AWARD FOR ALL OF HER INJURIES, ALL OF HER

                    DAMAGES, FROM ALL DEFENDANTS.  IN OTHER WORDS, THE MUNICIPALITY MAY

                    BE RESPONSIBLE FOR THE FULL AMOUNT OF DAMAGES, EVEN THOUGH THEIR

                    LIABILITY MAY BE LESS THAN 100 PERCENT.

                                 ACTING SPEAKER AUBRY:  MR. CURRAN.

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

                    SPONSOR YIELD FOR A QUESTION?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES, I'D BE HAPPY TO.

                                 MR. CURRAN:  THANK YOU, HELENE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                         48



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 MR. CURRAN:  REAL QUICKLY, SO AS YOU JUST SAID,

                    THIS BILL DOES NOT AT ALL CHANGE THE LIABILITY STANDARD IN FINDING AGAINST

                    A  MUNICIPALITY WHEN THEY FAIL TO ENFORCE A TEMPORARY ORDER OF

                    PROTECTION OR AN ORDER OF PROTECTION, RIGHT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. CURRAN:  WELL, ALL THIS BILL SEEKS TO DO IS

                    ACTUALLY AMEND THE FORMULA BY WHICH A PLAINTIFF CAN RECOVER THOSE

                    FUNDS FROM INDIVIDUAL DEFENDANTS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. CURRAN:  SO, JUST THAT EVERYBODY UNDERSTANDS.

                    SO, CURRENTLY, WHAT THE FORMULA OR THE LAW IS, IT'S -- IT'S A THING CALLED

                    STRICT LIABILITY, AND THAT IF A PERSON IS INJURED DUE TO THE NON-

                    ENFORCEMENT OF AN ORDER OF PROTECTION, THEY CAN SUE THE MUNICIPALITY,

                    AND IF THEY FIND THAT THE MUNICIPALITY VIOLATED WHAT IS CALLED A "SPECIAL

                    DUTY," THEN THE MUNICIPALITY WILL BE ON THE HOOK.  BUT IT WOULD ONLY BE

                    ON THE HOOK FOR THE PERCENTAGE BY WHICH A JURY MAY FIND IT RESPONSIBLE

                    FOR THE OVERALL INJURY, RIGHT?

                                 MS. WEINSTEIN:  YES.  CORRECT.

                                 MR. CURRAN:  SO, IF -- SO IF A PERSON CALLS UP THE

                    POLICE DEPARTMENT AND -- AND HAS THEM RESPOND AND THEY SHOW THEM AN

                    ORDER OF PROTECTION AND THE POLICE OFFICER, FOR ANY REASON, DOESN'T

                    ENFORCE THAT ORDER OF PROTECTION AND THAT PERSON LATER INCURS AN INJURY

                    BECAUSE OF IT, A JURY MAY FIND THAT THEY VIOLATE THAT SPECIAL DUTY, BUT

                    THEY MAY FIND THAT THE MUNICIPALITY WAS ONLY 10 PERCENT RESPONSIBLE

                    FOR THE OVERALL HAPPENING OF THE ACCIDENT.  THAT'S -- THAT COULD HAPPEN,

                                         49



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    RIGHT?

                                 MS. WEINSTEIN:  ACTUALLY, I -- I THINK YOU'RE

                    IMPUGNING LIABILITY WHERE UNDER THE STANDARD FOR A SPECIAL DUTY, THE

                    CIRCUMSTANCE THAT YOU DESCRIBED WOULD NOT RISE TO THAT -- THAT LEVEL.

                    THERE HAS TO BE AN AFFIRMATIVE ACTION ON BEHALF OF THE MUNICIPALITY TO

                    -- THAT THE -- THE PLAINTIFF RELIED UPON A SPECIAL DUTY BEYOND WHAT IS

                    OWED TO THE GENERAL PUBLIC, AND THERE HAS TO BE THAT DIRECT

                    COMMUNICATION BETWEEN THE MUNICIPALITY AND THE INJURED INDIVIDUAL.

                    SO UNDER THE SORT OF THE BRIEF FACT PATTERN THAT YOU MENTIONED, THERE

                    WOULDN'T EVEN BE -- THE -- THE MUNICIPALITY WOULD NOT, IN A COURT, BE

                    FOUND LIABLE.

                                 MR. CURRAN:  RIGHT.  AND -- AND I ONLY USED A REAL

                    BRIEF JUST TO ESTABLISH --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. CURRAN:  -- LIKE YOU SAID, THERE'S A HIGHER

                    STANDARD FOR THE MUNICIPALITY --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. CURRAN:  -- AND WHATEVER THAT STANDARD IS THAT

                    THEY FIND THAT THEY VIOLATE THAT SPECIAL DUTY, BUT THEY COULD BE FOUND

                    ONLY 10 PERCENT LIABLE.  AND UNDER THAT GIVEN CIRCUMSTANCE, THEN NOW

                    A MUNICIPALITY WOULD ONLY BE RESPONSIBLE -- SAY IT WAS A $1 MILLION

                    VERDICT, THEY WOULD ONLY BE RESPONSIBLE FOR 10 PERCENT OF THAT OR THEIR

                    PORTION OF THE NEGLIGENCE, RIGHT?

                                 MS. WEINSTEIN:  YES.  UNDER -- UNDER THE -- THE

                    CURRENT LAW, WE -- WE DO -- AS I THINK YOU'RE AWARE, WE DO HAVE 13

                                         50



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    EXCEPTIONS --

                                 MR. CURRAN:  RIGHT.

                                 MS. WEINSTEIN:  -- ALREADY WHERE MUNICIPALITIES

                    CAN BE HELD BOTH JOINTLY AND SEVERALLY LIABLE FOR INJURIES TO -- DAMAGES

                    TO A PLAINTIFF.  SO THIS WOULD JOIN THOSE OTHER INSTANCES WHERE WE DO

                    ALLOW A MUNICIPALITY TO BE FOUND TOTALLY LIABLE FOR ALL DAMAGES.

                                 MR. CURRAN:  RIGHT.  AND -- AND -- BUT THIS BILL

                    WOULD SHIFT THAT.  IT WOULD TAKE IT AWAY FROM THAT 10 PERCENT AND

                    BECAUSE -- AND I -- IF I UNDERSTAND THE -- THE BILL SPONSOR'S MEMO IS,

                    BECAUSE A LOT OF TIMES THE ABUSER DOES NOT HAVE THE RESOURCES TO PAY

                    THEIR PORTION OF THE 90 PERCENT, SAY, 90 PERCENT OF THAT VERDICT.  SO THE

                    INTENT IS TO MAKE SURE THAT THE VICTIM IS MADE WHOLE.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. CURRAN:  OKAY.  SO ASSUMING THAT IN -- IN -- IN

                    A CASE WHERE A POLICE OFFICER RECEIVES A CALL AND HE RESPONDS TO A

                    DOMESTIC VIOLENCE CALL FROM A NEIGHBOR AND HE GOES TO THE HOUSE AND

                    HE FINDS A COUPLE, AND HE'S TOLD BY THE COUPLE -- HE COULD BE TOLD THAT

                    THE PERSON THAT IS THERE IS NOT THE PERSON IN THE ORDER TO SHOW CAUSE OR

                    THE WOMAN SAYS THAT, PLEASE DON'T ENFORCE IT, IT'S BEEN VACATED, AND FOR

                    WHATEVER REASON, AND JUST ASSUMING FOR THE PURPOSES OF THIS, THE POLICE

                    OFFICER CALLS THE HEADQUARTERS AND HE'S TOLD -- HE'S TOLD THAT THERE ISN'T A

                    TRUE ORDER OF PROTECTION.  AND THAT POLICE OFFICER GOES BACK AND HE

                    TALKS TO THEM AND HE SAYS, OKAY, THERE'S NO ORDER OF PROTECTION.  I

                    BELIEVE YOU.  AND I'M GOING TO DO WHAT YOU WANT AND I'M NOT GOING TO

                    ARREST HIM.  BUT I'M GOING TO TELL HIM TO GO AWAY.  AND JUST ASSUMING

                                         51



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    THAT A JURY FINDS THAT THAT IS A VIOLATION OF THE SPECIAL DUTY, AND THAT

                    JURY COMES BACK -- AND IF IT IS, IF -- IF IT'S AN ASSUMPTION SAYING THAT THIS

                    IS A VIOLATION, IT COMES BACK AND THE JURY SAYS, OKAY, HE VIOLATED HIS

                    DUTY. HE SHOULD'VE TOOK HIM IN, REGARDLESS.  AND THAT JURY FINDS THAT

                    THE OFFICER'S ACTIONS RESULTED IN 10 PERCENT, OR WAS 10 PERCENT

                    RESPONSIBLE FOR THAT PERSON LATERING -- LATER HARMING THAT INDIVIDUAL

                    AFTER HE LEFT AND IT'S A $1 MILLION VERDICT.  UNDER THAT CIRCUMSTANCE,

                    UNDER THIS BILL, THAT MUNICIPALITY, DUE TO THE ERRONEOUS ACTIONS OF THAT

                    OFFICER, WOULD HAVE TO PAY THE FULL $1 MILLION IF THE MAIN DEFENDANT

                    COULDN'T, CORRECT?

                                 MS. WEINSTEIN:  THE END OF YOUR SCENARIO IS

                    CORRECT IN TERMS OF WHAT THE BILL WOULD DO, BUT THE BEGINNING PART

                    WHERE YOU DESCRIBE A SITUATION IS NOT ONE THAT WOULD EVER --

                                 MR. CURRAN:  RISE TO THE LEVEL --

                                 MS. WEINSTEIN:  -- RISE TO THE LEVEL OF -- OF

                    MUNICIPALITY LIABILITY.  I MEAN, THE -- BECAUSE IT'S A VERY HIGH THRESHOLD.

                    YOU HAVE TO -- TO ESTABLISH NEGLIGENCE IN THIS -- IN THIS SITUATION -- LET

                    ME JUST EXPLAIN IT, YOU KNOW, JUST SAY IT AGAIN.  THE PLAINTIFF MUST STILL

                    PROVE THAT A DEFENDANT OWED A DUTY OF CARE, WHICH IS BEYOND WHAT'S

                    OWED TO THE GENERAL PUBLIC, THAT THEY AFFIRMATIVELY ASSUMED THE DUTY OF

                    PROTECTION AND THEY SAID SOMETHING AFFIRMATIVELY, THE VICTIM

                    REASONABLY RELIED UPON SUCH DUTY AND THAT THE DAMAGES RESULTED FROM

                    THAT RELIANCE UP -- TO DATE, THE CASES HAVE BEEN FEW AND FAR BETWEEN

                    WHERE THIS EXACTING STANDARD HAS BEEN ATTAINED, AND THERE'S EVEN BEEN A

                    -- A SMALL PORTION OF LIABILITY ESTABLISHED.

                                         52



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 MR. CURRAN:  BUT REGARDLESS OF ALL OF THAT -- AND --

                    AND LIKE I SAID, YOU'RE ABSOLUTELY RIGHT.  THE STANDARD IS NOT BEING

                    CHANGED HERE.  BUT IF A JURY WAS TO FIND THAT THE STANDARD WAS VIOLATED

                    AND FOUND THAT THE MUNICIPALITY WAS AT LEAST IN PART --

                                 MS. WEINSTEIN:  YES.

                                 MR. CURRAN:  -- RESPONSIBLE FOR IT.  AND THERE ARE

                    VARYING DEGREES OF WHAT THEY COULD FIND.  THEY COULD FIND IT AS -- AS

                    LITTLE AS 1 PERCENT OR AS MUCH AS 50 PERCENT OR ABOVE.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. CURRAN:  WHATEVER THAT MAY BE, WHAT WE'RE

                    DOING IN THIS BILL IS ESSENTIALLY NOW MAKING THE MUNICIPALITY THE

                    INSURER OF THE ABUSER BECAUSE HE CAN'T SATISFY HIS PORTION OF WHATEVER

                    JUDGMENT IS RENDERED AGAINST HIM.  THAT'S WHAT WE'RE DOING.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, THE -- THE

                    OPPOSITE -- IF WE DON'T DO THIS IN THOSE LIMITED CIRCUMSTANCES, THEN

                    YOU'RE MAKING THE VICTIM A SELF-INSURER OF THEIR OWN INJURIES.  SO

                    BETWEEN THE VICTIM AND THE LIMITED TIMES THAT THEIR MUNICIPALITY HAS

                    AFFIRMATIVELY ESTABLISHED A -- PRESENTED A -- A SPECIAL DUTY ABOVE WHAT'S

                    BEYOND -- WHAT'S OWED TO THE GENERAL PUBLIC, I WOULD COME DOWN ON

                    THE SIDE OF THE INJURED PARTY, THE VICTIM OF DOMESTIC VIOLENCE, VERSUS

                    THE MUNICIPALITY WHO, AS YOU SAY, REGARDLESS OF THE PERCENTAGE HAS

                    SOME RESPONSIBILITY FOR THE HARM THAT TOOK PLACE.

                                 MR. CURRAN:  AND LET ME JUST ASK YOU, THERE IS --

                    THERE IS A CRIME VICTIMS FUND, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                         53



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 MR. CURRAN:  AND IF -- IF A PERSON UNDER THE

                    CURRENT SITUATION, UNDER THE CURRENT FORMULA, COULD A PERSON WHO DOES

                    NOT OBTAIN THE FULL JUDGMENT FROM AN ABUSER GO AND APPLY TO THE CRIME

                    VICTIMS FUND FOR SOME FUNDS FOR RELIEF?

                                 MS. WEINSTEIN:  YES, BUT THAT -- THOSE ARE VERY

                    LIMITED AND WOULD BE LESS THAN WOULD BE AVAILABLE FOR PAIN AND

                    SUFFERING AND OTHER KINDS OF INJURIES.

                                 MR. CURRAN:  THANK YOU, HELENE.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    CURRAN.

                                 MR. CURRAN:  JUST REALLY QUICKLY.  YOU KNOW, THE

                    INTENTION OF THIS BILL IT -- IT -- IT'S REALLY -- I THINK EVERYBODY AGREES WITH

                    WHAT THE INTENTION OF THIS IS TO MAKE SURE THAT WE TRY TO AID A VICTIM OF

                    DOMESTIC ABUSE AS MUCH AS POSSIBLE AND TO MAKE THEM WHOLE IN ANY

                    WAY THAT WE CAN.  ALL WE'RE ESSENTIALLY DOING IN THIS BILL IS WE ARE

                    SUBSTITUTING A MUNICIPALITY, AND ACTUALLY THE TAXPAYER, FOR THE ACTS OF

                    AN ABUSER, AND THE REASON WHY WE'RE DOING THAT IS BECAUSE THE ABUSER

                    CAN'T PAY HIS PORTION OF A JUDGMENT THAT HE WAS FOUND LIABLE FOR.

                                 AND FOR THOSE -- FOR THAT REASON ALONE, I'M GOING TO

                    ASK MY COLLEAGUES TO VOTE AGAINST THIS LEGISLATION.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                         54



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 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.  MR.

                    SPEAKER, COULD WE GET JUST A LITTLE QUIET?  IT JUST SEEMS A LITTLE NOISY

                    HERE.

                                 ACTING SPEAKER PICHARDO:  LADIES AND

                    GENTLEMEN, PLEASE, CAN YOU TAKE YOUR SEATS?  TAKE YOUR CONVERSATIONS

                    OUTSIDE.  WE'RE ON DEBATE.  THANK YOU.

                                 MR. MORELLE.

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

                    WE GO TO THE NEXT BILL WE'D CALLED UP, I WOULD LIKE TO ASK MEMBERS OF

                    THE ENVIRONMENTAL CONSERVATION COMMITTEE TO JOIN MR. ENGLEBRIGHT IN

                    THE SPEAKER'S CONFERENCE ROOM.  EN CON IN THE SPEAKER'S CONFERENCE

                    ROOM.

                                 ACTING SPEAKER PICHARDO:  MEMBERS OF EN

                    CON, SPEAKER'S CONFERENCE ROOM.  CHAIRMAN ENGLEBRIGHT IS ON HIS

                    WAY THERE AS WE SPEAK.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03110, CALENDAR NO.

                                         55



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    251, AUBRY, PERRY, LIFTON, PEOPLES-STOKES, TITONE, PAULIN, BRONSON,

                    ZEBROWSKI, O'DONNELL, PRETLOW, JAFFEE, CRESPO, MAGNARELLI, MOSLEY,

                    ROZIC, BARRETT, GOTTFRIED, SIMOTAS, HEVESI, BLAKE, ARROYO, ORTIZ,

                    QUART, COOK, HOOPER, CAHILL, PICHARDO, RICHARDSON, WEPRIN, STIRPE,

                    LUPARDO, DE LA ROSA, MCDONALD, STECK, BICHOTTE, PELLEGRINO, NIOU.

                    AN ACT TO AMEND THE PENAL LAW AND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO SENTENCING AND RESENTENCING IN DOMESTIC VIOLENCE CASES.

                                 ACTING SPEAKER PICHARDO:  AN EXPLANATION

                    HAS BEEN REQUESTED, MR. AUBRY.

                                 MR. AUBRY:  CERTAINLY.  THIS PARTICULAR BILL --

                    TIMELY AS IT MAY SEEM, THIS BILL ENABLES A JUDGE TO HAVE DISCRETION IN

                    SENTENCING AND RESENTENCING DOMESTIC VIOLENCE SURVIVORS WHO ARE

                    CONVICTED OF CERTAIN CRIMES WHERE DOMESTIC VIOLENCE WAS A SIGNIFICANT

                    CONTRIBUTING FACTOR IN THEIR CRIMINAL BEHAVIOR.  IN ORDER TO BE ELIGIBLE

                    FOR THIS CONSIDERATION, A JUDGE MUST DETERMINE THAT THE SURVIVOR MEETS

                    THREE-PART CRITERIA.  SPECIFICALLY, THE JUDGE MUST FIND A, ONE, THAT THE

                    DEFENDANT WAS A VICTIM OF SUBSTANTIAL DOMESTIC ABUSE AT THE TIME OF THE

                    OFFENSE; THAT SUCH ABUSE WAS A SIGNIFICANT CONTRIBUTING FACTOR TO THE

                    COMMISSION OF THE CRIME; THE SENTENCE OTHERWISE REQUIRED BY LAW

                    WOULD BE UNDULY HARSH.  CURRENTLY, ONLY DEFENDANTS WHO ARE CONVICTED

                    OF VIOLENT FELONY -- VIOLENT FELONIES COMMITTED DIRECTLY AGAINST THEIR

                    ABUSER ARE ELIGIBLE FOR ALTERNATIVE SENTENCING AS VICTIMS OF DOMESTIC

                    VIOLENCE.  THIS BILL PERMITS JUDGES TO USE THEIR DISCRETION FOR VICTIMS

                    CONVICTED OF NON-VIOLENT AND OTHER ILLEGAL ACTS ONLY IN THOSE

                    CIRCUMSTANCES WHERE DOMESTIC VIOLENCE WAS A SIGNIFICANT CONTRIBUTING

                                         56



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    FACTOR IN THE COMMISSION OF THE CRIME.  CERTAIN CONVICTIONS ARE NOT

                    ELIGIBLE:  AGGRAVATED MURDER; FIRST DEGREE MURDER; ACTS OF TERRORISM;

                    AND ANY OFFENSE THAT REQUIRES REGISTRATION AS A SEX OFFENDER.

                                 ADDITIONALLY, THIS BILL WILL ALLOW DOMESTIC VIOLENCE

                    VICTIMS WHO ARE CURRENTLY SERVING A SENTENCE OF EIGHT YEARS OR MORE TO

                    APPLY FOR RESENTENCING.  IN ORDER TO BE ELIGIBLE FOR RESENTENCING, THEY

                    MUST BE SERVING A SENTENCE OF EIGHT YEARS OR MORE; HAVE TWO PIECES OF

                    EVIDENCE, ONE OF WHICH MUST BE EITHER A COURT RECORD OR A POLICE

                    REPORT, PROVING THAT THEY WERE A VICTIM OF DOMESTIC VIOLENCE AT THE

                    TIME OF THE OFFENSE; AND MEET THOSE THREE REQUIRED ELIGIBILITY FACTORS

                    FOR THE BILL.  A VICTIM CAN REQUEST A COURT TO APPOINT AN OPPORTUNITY TO

                    ASSIST IN HIS OR HER APPLICATION FOR RESENTENCING, AND MAY APPEAL ANY

                    DENIAL OF THE MOTION OR THE NEW SENTENCE ITSELF.

                                 LASTLY, THIS BILL PERMITS VICTIMS OF DOMESTIC VIOLENCE

                    ACCESS TO HIS OR HER PRESENTENCING REPORT FOR USE IN FILING A MOTION FOR

                    RESENTENCING.

                                 ACTING SPEAKER PICHARDO:  MR. RA.

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

                    YIELD?

                                 ACTING SPEAKER PICHARDO:  DO YOU YIELD?

                                 MR. AUBRY:  CERTAINLY, MR. RA.  MY PLEASURE.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. RA:  THANK YOU.  SO, YOU WENT THROUGH A LITTLE

                    BIT OF -- OF WHAT THIS DOES COMPARED TO WHAT'S CURRENTLY IN LAW, AND --

                                         57



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    AND WE KNOW THERE'S THIS -- THIS CURRENT SECTION THAT DOES PROVIDE SOME

                    DISCRETION AT THAT TIME OF SENTENCING FOR VICTIMS OF DOMESTIC VIOLENCE,

                    BUT IN A SITUATION WHERE THEY HAVE COMMITTED A -- A CRIME AGAINST THEIR

                    ABUSER.   THIS DOES NOT REQUIRE THE VICTIM TO BE THE ABUSER, CORRECT?

                                 MR. AUBRY:  CORRECT.

                                 MR. RA:  SO, THE VICTIM OF -- OF THIS PARTICULAR CRIME

                    THAT -- THAT THIS PERSON WHO HAS BEEN SUBJECT OF ABUSE COULD BE ANY

                    OTHER PERSON, ANY THIRD PARTY, SOMEBODY THAT HAS COMPLETELY UNRELATED

                    TO THE UNDERLYING DOMESTIC VIOLENCE ISSUE.

                                 MR. AUBRY:  CORRECT.  AND LET ME ONLY SAY THIS TO

                    YOU.  I THINK OUR KNOWLEDGE OF WHAT DOMESTIC VIOLENCE IS AND WHAT

                    IMPACT IT HAS ON THE VICTIM OF IT HAS EXPANDED OVER TIME.  YEARS AGO,

                    WE WOULDN'T EVEN BE TALKING ABOUT THIS.  IT WASN'T RECOGNIZED.  PEOPLE

                    DIDN'T REPORT IT, NOR DID WE AT ALL THINK ABOUT THE LONG-TERM IMPACT THAT

                    INDIVIDUALS WHO'VE UNDERGONE THIS PARTICULAR CRIME HAVE HAD.  AND

                    WHAT IT MAY INDUCE THEM TO DO.  THIS IS PERNICIOUS BEHAVIOR THAT GOES

                    ON IN PEOPLE'S HOUSES.  AS A MATTER OF FACT, OBVIOUSLY, AS WE KNOW,

                    YEARS AND YEARS AGO THE MALE WAS THE KING OF THE HOUSEHOLD AND

                    ALLOWED TO DO MUCH OF WHATEVER HE DID.  AND IF YOU STRUCK BACK, THE

                    LAW WAS GOING TO GO AFTER YOU, NEVER RECOGNIZING THE KIND OF IMPACT

                    THAT THAT ABUSE HAS HAD.  SO, YES, WE ARE OPENING UP THIS DISCUSSION TO

                    RECOGNIZE THESE OTHER FACTORS, AND TO GIVE A JUDGE AN OPPORTUNITY TO

                    LOOK AT THOSE FACTORS IN BOTH SENTENCING AND RESENTENCING.

                                 MR. RA:  OKAY.  AND, YOU KNOW, NO QUESTION, I THINK

                    WE KNOW -- WE KNOW MORE TODAY ABOUT THE IMPACTS, THE LONG-TERM

                                         58



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    IMPACTS ON A VICTIM OF DOMESTIC VIOLENCE THAN MAYBE WE DID IN THE

                    PAST, AND IT'S CERTAINLY APPROPRIATE THAT WE HAVE THIS CONVERSATION.  BUT

                    I -- BUT I THINK ONE OF THE DISCUSSIONS WE HAVE TO HAVE HERE IS NOW

                    WE'RE GETTING INTO THERE'S SOME THIRD-PARTY NOT RELATED TO -- TO THIS

                    INCIDENT AND, YOU KNOW, THAT -- THAT VICTIM IS NOW -- NOW ANOTHER

                    VICTIM OF -- OF THIS.  SO, I WANTED TO JUST ASK IN TERMS OF, YOU

                    MENTIONED NON-VIOLENT OFFENSES, BUT THERE ARE SOME VIOLENT OFFENSES

                    THAT THIS WOULD APPLY TO, CORRECT?  LIKE MANSLAUGHTER, FIRST DEGREE

                    ASSAULT, BATTERY, ROBBERY?

                                 MR. AUBRY:  LEARNED COUNSEL TELLS ME THAT THOSE

                    ARE CURRENT LAW -- CURRENTLY AVAILABLE.

                                 MR. RA:  CURRENTLY AVAILABLE UNDER THOSE LIMITED

                    CIRCUMSTANCES WHEN -- WHEN THE VICTIM OF DOMESTIC VIOLENCE HAS

                    COMMITTED THE AGAINST AN ABUSER?

                                 MR. AUBRY:  YES.

                                 MR. RA:  OKAY.  SO, ON THAT -- ON THAT POINT, ONE OF

                    THE ISSUES THAT WAS RAISED BY -- BY THE DISTRICT ATTORNEYS ASSOCIATION,

                    THERE'S A PROVISION IN THIS ON PAGE 3, I BELIEVE IT STARTS ON LINE 13, THAT

                    REFERENCES SUBSECTION 6 OF 70.6 IN THE -- IN THE CRIMINAL -- IN THE PENAL

                    LAW WHICH DEALS WITH SECOND-FELONY OFFENDERS.  SO, IN ESSENCE, THIS

                    WOULD BE SOMEBODY WHO HAS A PRIOR CONVICTION, AND THEN COULD STILL BE

                    GIVEN A LOWER SENTENCE UNDER -- UNDER THIS PROVISION.  IS THAT CORRECT?

                    IT GOES FROM, I THINK, BETWEEN EIGHT AND 25 YEARS TO -- IS IT THREE AND

                    EIGHT YEARS, I BELIEVE?

                                 MR. AUBRY:  AS -- AS ALWAYS, WHEN WHENEVER WE

                                         59



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    RAISE THIS ISSUE THE QUESTION BECOMES COULD BE, NOT GUARANTEED THAT

                    THEY GET IT.  THEY'RE GIVEN THE OPPORTUNITY TO GO BEFORE AND HAVE IT

                    LOOKED AT BY A JUDGE TO DETERMINE WHETHER OR NOT IT'S SIGNIFICANT

                    ENOUGH FOR THE JUDGE TO DECIDE, BASED ON THE EVIDENCE PROVIDED, THAT A

                    REDUCED SENTENCE WAS IN THE INTEREST OF JUSTICE.

                                 MR. RA:  SURE.  OKAY.  SO, WHEN SOMEBODY IS, YOU

                    KNOW, HAVING THIS CONSIDERED, DOES IT REQUIRE -- IS THIS ALL GOING TO BE

                    DONE AT THE SENTENCING TIME, AS IT IS UNDER CURRENT LAW?

                                 MR. AUBRY:  THEY CAN MAKE AN APPLICATION IF THAT

                    SOMEONE IS CURRENTLY SERVING TIME.

                                 MR. RA:  YES.

                                 MR. AUBRY:  OTHER THAN THAT, FOR THOSE, YOU KNOW,

                    CURRENT OFFENSES, YOU'RE RIGHT.  THAT WOULD BE DONE AT A TIME OF

                    SENTENCING.

                                 MR. RA:  OKAY.  IS THERE -- IS THERE ANY REQUIREMENT

                    OF, YOU KNOW, THE PERSON AT THE TIME OF THEIR TRIAL RAISING ANY TYPE OF

                    DEFENSE LIKE DURESS OR ANY TYPE OF AFFIRMATIVE DEFENSE?

                                 MR. AUBRY:  NO, THEY DO NOT.

                                 MR. RA:  OKAY.  AND YOU -- YOU TALKED ABOUT A

                    MOMENT AGO, BUT SO, GOING ON TO THE RESENTENCING ASPECTS OF THIS,

                    WHICH I KNOW IS -- IS A SUBSTANTIAL PORTION OF THE BILL.  THE PERSON, I

                    THINK YOU SAID, WOULD HAVE HAD TO HAVE SERVED EIGHT YEARS IN ORDER TO

                    BE ELIGIBLE?

                                 MR. AUBRY:  YOU HAVE TO HAVE HAD AN EIGHT-YEAR

                    SENTENCE.  I DON'T BELIEVE -- ANY TIME, I PRESUME, IN -- WITHIN THAT EIGHT

                                         60



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    YEARS, ONE WOULD BE ABLE TO APPLY, BUT IT WOULD HAVE TO AT LEAST BE AN

                    EIGHT-YEAR SENTENCE.  SO, IF SOMEONE WAS DOING FIVE YEARS, THEY

                    COULDN'T DO IT.  IF SOMEONE HAD A SENTENCE OF FOUR YEARS, THEY COULDN'T

                    DO IT.  IF YOU HAD SEVEN-AND-A-HALF, YOU COULDN'T DO IT.  IT WOULD HAVE

                    TO BE EIGHT.

                                 MR. RA:  AND -- AND THAT -- YOU KNOW, IN THAT

                    RESENTENCING CIRCUMSTANCE, THAT PERSON WOULD HAVE HAD TO HAVE BEEN

                    THE VICTIM OF DOMESTIC VIOLENCE AT THE TIME OF THEIR OFFENSE?

                                 MR. AUBRY:  YES.

                                 MR. RA:  OKAY.  LAST -- LASTLY, I JUST WANTED TO ASK,

                    THERE'S -- SO, DOES -- IN TERMS OF THE CONSIDERATIONS OF THE JUDGE, IS

                    THERE ANY TYPE OF REQUIREMENT THAT THERE HAVE BEEN, YOU KNOW, A POLICE

                    REPORT OR A CONVICTION OR ANYTHING, OF THE DOMESTIC ABUSER?

                                 MR. AUBRY:  I BELIEVE WHEN WE BEGAN WE SAID

                    THERE WERE THREE DETERMINING THINGS THAT HAD TO BE IN PLACE IN ORDER FOR

                    THIS TO BE ELIGIBLE.  THAT WAS SERVING EIGHT YEARS OR MORE, WHICH YOU

                    COVERED; HAVING TWO PIECES OF EVIDENCE, ONE OF WHICH MUST BE EITHER A

                    COURT RECORD OR A POLICE REPORT PROVING THAT THEY WERE VICTIMS OF

                    DOMESTIC VIOLENCE AT THAT TIME OF THE OFFENSE; AND MEET ALL THREE OF THE

                    OTHER ELIGIBILITY FACTORS OF THE BILL.

                                 MR. RA:  OKAY.  THANK YOU VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MR.

                    RA.

                                 MR. RA:  SO, YOU KNOW, IN THIS PACKAGE WE'VE DONE

                                         61



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    TODAY, YOU KNOW, THERE'S BEEN A NUMBER OF GOOD BILLS, AND IN A LOT OF

                    THEM, YOU KNOW, THEY JUST MAKE SENSE, AND SOME OF THEM MAY, YOU

                    KNOW, CAUSE SOME -- SOME ISSUES WITH CONTRACTS OR -- OR WITH A -- A

                    LOCAL GOVERNMENT.  BUT ON THIS BILL WE'RE TALKING ABOUT SOMETHING

                    ENTIRELY DIFFERENT, BECAUSE THERE IS NOW A SECOND VICTIM INVOLVED.

                    THERE IS NOW A PERSON WHO ALSO IS -- IS LOOKING, YOU KNOW, FOR JUSTICE

                    FOR A CRIME THAT HAS BEEN COMMITTED AGAINST THEM.  AND THIS VICTIM IN

                    THIS CIRCUMSTANCE DOESN'T HAVE -- UNDER THIS BILL THERE WOULDN'T HAVE TO

                    BE ANY NEXUS BETWEEN THEM AND THE -- AND THE DOMESTIC VIOLENCE.

                    AND, YOU KNOW, WE MENTIONED SOME OF THE CHANGES IN TERMS OF

                    SENTENCING.  YOU KNOW, SOMEBODY UNDER THAT SECTION WHO HAS ALREADY

                    BEEN CONVICTED OF A NON-VIOLENT CRIME, NOW COMING FOR A SECOND ONE,

                    CAN END UP WITH A SENTENCE LESS THAN SOMEBODY WHO IS A FIRST-TIME

                    OFFENDER FOR -- FOR THAT CRIME.  SO, WE'RE -- WE'RE NOW LOOKING AT AN

                    AREA WHERE, YOU KNOW, RIGHTS HAVE TO OVERLAP A LITTLE BIT AND WE REALLY

                    HAVE TO DO A LITTLE BIT MORE OF A BALANCING.  THE PROVISION IN CURRENT

                    LAW IS DESIGNED TO ALLOW FOR THE JUDGE TO CONSIDER WHEN SOMEBODY IS A

                    VICTIM OF DOMESTIC VIOLENCE AND COMMITS A CRIMINAL ACT AGAINST THEIR

                    ABUSER, TO CONSIDER THAT AND MAKE SURE THAT THERE IS NOT AN UNDULY

                    HARSH SENTENCE IMPOSED.  THIS GREATLY, GREATLY EXPANDS THAT, AND HAS

                    THE POTENTIAL FOR SOME REAL UNINTENDED, BUT CERTAINLY FORESEEABLE,

                    CONSEQUENCES WHEREAS SOME OTHER VICTIM COMPLETELY UNRELATED TO -- TO

                    THE DOMESTIC VIOLENCE MAY NOT GET JUSTICE FOR A CRIME THAT WAS

                    COMMITTED AGAINST THEM.  SO, I -- I CERTAINLY, YOU KNOW, RESPECT THE

                    POSITION OF THE SPONSOR.  I CERTAINLY AGREE THAT THERE IS AN IMPACT ON A

                                         62



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    VICTIM OF DOMESTIC VIOLENCE THAT -- THAT MAY REACH, YOU KNOW, BEYOND

                    THAT INDIVIDUAL'S CIRCUMSTANCES WITH THAT PARTNER.  BUT WE ARE REALLY

                    OPENING UP FOR -- FOR SOME REAL LENIENT SENTENCES FOR -- FOR CRIMES THAT

                    COULD BE PRETTY HORRIFIC, AND -- AND I THINK THIS BILL DOES NOT PROPERLY

                    STRIKE THAT BALANCE BETWEEN THE RIGHTS OF THE VICTIM OF THAT CRIME AND --

                    AND PROTECTING THE VICTIM OF DOMESTIC VIOLENCE.

                                 THAT'S WHY I'M GOING TO BE VOTING -- VOTING IN THE

                    NEGATIVE, AND I KNOW A NUMBER OF MY COLLEAGUES WILL BE DOING SO AS

                    WELL.  THANK YOU.

                                 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.)

                                 MR. AUBRY TO EXPLAIN HIS VOTE.

                                 MR. AUBRY:  IT'S DIFFERENT BEING ON THIS SIDE OF THE

                    WORLD.

                                 ACTING SPEAKER PICHARDO:  IT SURE IS.

                                 (LAUGHTER)

                                 MR. AUBRY:  TO EXPLAIN MY -- MY VOTE, MR.

                    SPEAKER.  THIS IS A BILL THAT WE'VE CARRIED FOR SOME TIME.  AND AS WE

                    HAVE CARRIED THIS BILL, I THINK OUR UNDERSTANDING OF WHAT DOMESTIC

                    VIOLENCE IS, ITS IMPACT, AND THE FREQUENCY THAT WE FIND IT OCCURRING IN

                    OUR SOCIETY HAS EXPANDED.  AND WE'VE -- THAT EXPANSION CANNOT BE

                                         63



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    ACKNOW --  IGNORED.  WE HAVE TO RECOGNIZE HOW WHAT GOES ON BEHIND

                    CLOSED DOORS THAT OFTENTIMES WENT UNREPORTED, IMPACTS HUMAN BEINGS

                    WHO HAVE SUFFERED FROM IT, AND THAT THAT IMPACT CAN BE A CAUSATIVE

                    FACTOR IN OTHER DISTORTED ACTIONS THAT THEY MAY TAKE.  WHILE INDIVIDUALS

                    SHOULD BE HELD ACCOUNTABLE FOR THEIR ACTIONS, THERE SHOULD BE A WAY FOR

                    US TO RECOGNIZE THAT FOR YEARS, WE HAVE NOT GIVEN THEM THE OPPORTUNITY

                    TO BE HEARD.  POLICE DEPARTMENTS SOMETIMES REFUSE TO DO WHAT IS

                    NECESSARY.  IF YOU CAN'T, YOU KNOW, GET AN OFFICER TO COME, IF YOU CAN'T

                    PROVE THAT YOU WERE BEATEN, ALL OF THOSE CIRCUMSTANCES THAT LEAVES

                    INDIVIDUALS -- WOMEN AND MEN -- DEFENSELESS AND FEELING AS IF THEY

                    HAVE NO OTHER ALTERNATIVE IN LIFE.  AND SO BY TAKING THIS STEP, AMONG

                    OTHERS THAT WE'VE DONE TODAY, WE -- WE TRY TO RESHIFT THE BALANCE HERE

                    TO GIVE THAT OPPORTUNITY, NOT ONLY FOR THOSE WHO ARE FACING THIS NOW OR

                    WILL FACE IT IN THE FUTURE, BUT ALSO FOR THOSE WHO HAVE FACED IT IN THE

                    PAST WHEN OUR EARS AND OUR HEARTS WERE NOT SO TOUCHED.  BUT OUR EARS

                    AND OUR HEARTS ARE TOUCHED NOW.  WE UNDERSTAND, MORE THAN EVER

                    BEFORE, WHAT THIS MEANS TO INDIVIDUALS.  WE CANNOT BE SILENT TO THAT.

                    WE CANNOT THEN BACK AWAY FROM THE OPPORTUNITY TO SAY THAT JUSTICE

                    MAY NOT HAVE BEEN DONE AND THAT WE SHOULD GO BACK AND TRY TO CORRECT

                    THAT INJUSTICE, AND ACCORD INDIVIDUALS WHO HAVE SUFFERED THIS WAY WITH

                    AN OPPORTUNITY TO BE HEARD AND TO BE LOOKED AT AS TOTAL HUMAN BEINGS

                    LIKE YOU WOULD WANT TO BE LOOKED AT.

                                 I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. AUBRY IN THE

                    AFFIRMATIVE.

                                         64



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. -- 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 PICHARDO:  ON A MOTION BY

                    MR. MORELLE, SO ORDERED.

                                 THE CLERK WILL READ -- MR. MORELLE.  I'M SORRY.

                                 MR. MORELLE:  YES, THANK YOU, SIR.  SO, I WOULD

                    LIKE TO TAKE UP THE A-CALENDAR BEGINNING WITH RULES REPORT 3-0, AND

                    FOLLOW ALL THE WAY THROUGH THE CALENDAR.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A08948-A, RULES

                    REPORT NO. 30, DINOWITZ, ABBATE, PHEFFER AMATO, TITONE.  AN ACT IN

                    RELATION TO TERMS AND CONDITIONS OF EMPLOYMENT OF CERTAIN NONJUDICIAL

                    OFFICERS AND EMPLOYEES OF THE UNIFIED COURT SYSTEM.

                                 ACTING SPEAKER PICHARDO:  ON A MOTION BY

                    MR. DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                                         65



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    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.


                                 THE CLERK:  ASSEMBLY NO. A09665, CALEN --

                    RULES REPORT NO. 31, ABBATE, DINOWITZ, PHEFFER AMATO.  AN ACT TO --

                                 ACTING SPEAKER AUBRY:  ON -- ON A MOTION BY

                    MR. ABBATE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10275, RULES REPORT

                    NO. 32, PEOPLES-STOKES.  AN ACT TO AMEND THE EXECUTIVE LAW, IN

                    RELATION TO THE REIMBURSEMENT OF SHELTER COSTS AND CRIME SCENE CLEANUP

                    FOR CERTAIN NON-INJURED VICTIMS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                                         66



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    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, MR. SPEAKER.  I WILL BE

                    SUPPORTING THIS, AND I KNOW MANY OF MY COLLEAGUES WILL AS WELL.  WE

                    APPRECIATE THE SENSITIVITY OF THE SPONSOR TO ENSURING THAT THE

                    UNREIMBURSED COST OF A CLEANUP INVOLVING A CRIME SCENE INVOLVING A

                    DOMESTIC VIOLENCE VICTIM IS ELIGIBLE FOR COMPENSATION UNDER THE CRIME

                    VICTIM'S COMPENSATION BOARD.  I WOULD NOTE THAT THE ASSEMBLY

                    REPUBLICAN DOMESTIC VIOLENCE TASK FORCE HAS ALSO RECOMMENDED

                    INCREASE REIMBURSEMENT FOR OTHER EXPENSES LIKE THE COST OF SHORT-TERM

                    TEMPORARY ASSISTANCE OR THE COST OF RESIDENCY AND SERVICES, AND THOSE

                    OTHER COSTS CAN BE VERY, VERY IMPORTANT TO HAVE COVERED AS PART OF AN

                    OVERALL RESPONSE TO DOMESTIC VIOLENCE, AND HOPEFULLY WE WILL BE

                    LOOKING AT THAT LATER THIS YEAR OR NEXT YEAR AS WELL.

                                 THANK YOU VERY MUCH, MR. SPEAKER.  AND, AGAIN,

                    APPRECIATION TO THE SPONSOR FOR THIS LEGISLATION.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                         67



                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  FIRST OF

                    ALL, THERE ARE NO CONFERENCE ANNOUNCEMENTS THIS EVENING, WHICH I'M

                    SURE WILL MAKE PEOPLE HAPPY.  AND, MR. SPEAKER, THOUGH, I DO

                    UNDERSTAND THERE ARE A NUMBER OF RESOLUTIONS, INCLUDING TWO DIFFERENT

                    ONES ON WHICH MRS. PEOPLES-STOKES WISHES TO BE HEARD, AND THEN MS.

                    SEAWRIGHT WISHES TO BE HEARD AS WELL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1156, MRS.

                    PEOPLES-STOKES.

                                 LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND

                    ACCOMPLISHMENTS OF FRANK B. MESIAH, LONGTIME CIVIL RIGHTS LEADER AND

                    FORMER NAACP PRESIDENT.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    ON THE RESOLUTION.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO BRING COMMENTS IN REGARDS TO THIS GREAT

                    MAN, FRANK B. MESIAH.  MR. MESIAH WAS, I WOULD SAY, THE TRUE EPITOME

                    OF AN AMERICAN.  HE MOVED FROM THE SOUTH TO BUFFALO SOME YEARS AGO.

                    HE WAS -- HE WORKED AT BETHLEHEM STEEL.  HE SERVED AS A BUFFALO

                    POLICE OFFICER.  HE WENT TO COLLEGE AT BUFFALO STATE AND GOT A DEGREE IN

                    TEACHING.  HE ALSO TAUGHT IN COLLEGE.  AND HE SPENT A NUMBER OF YEARS

                    AS THE PRESIDENT AND CEO OF THE NAACP.  MR. MESIAH WILL BE WELL-

                    REMEMBERED FOR HIS WILLINGNESS TO STAND UP WHEN THINGS WERE WRONG

                    IN THE POLICE DEPARTMENT, IN THE FIRE DEPARTMENT, IN THE SCHOOL SYSTEMS,

                    AND ANYWHERE WITHIN THE WESTERN NEW YORK COMMUNITY THAT

                                         68



                    NYS ASSEMBLY                                                     MAY 8, 2018

                    IMPACTED PEOPLE OF COLOR.  MR. MESIAH LEAVES HIS THREE DAUGHTERS.  HIS

                    WIFE, UNFORTUNATELY, THREE MONTHS AGO PRECEDED HIM IN DEATH.  THIS

                    WAS A GREAT MAN WHO SERVED BUFFALO AND WESTERN NEW YORK IN A

                    MAJOR WAY, AND HE WILL TRULY BE MISS -- MISSED, AND I APPRECIATE THE

                    OPPORTUNITY TO BRING HIS NAME TO THE FLOOR OF THE NEW YORK STATE

                    LEGISLATURE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1148, MS.

                    SEAWRIGHT.

                                 LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND

                    ACCOMPLISHMENTS OF EDITH WINDSOR, AN AMERICAN LGBT RIGHTS ACTIVIST

                    AND TECHNOLOGY MANAGER FOR IBM.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT ON THE

                    RESOLUTION.

                                 MS. SEAWRIGHT:  THANK YOU, MR. SPEAKER.  I RISE

                    TODAY TO SPEAK ON THIS IMPORTANT RESOLUTION HONORING A DEAR FRIEND OF

                    MINE, EDITH WINDSOR.  AND WE'RE JOINED IN THE CHAMBER BY HER

                    SPOUSE, JUDITH KASEN-WINDSOR, WHO'S HERE TODAY.  EDIE TOOK NOTHING

                    FOR GRANTED, AND USED EVERY TOOL SHE HAD TO FIGHT.  EDIE WINDSOR WAS

                    COMMITTED TO THE RIGHTS WE CHERISH AND HOLD DEAR TO THE FIGHT -- THE

                    FIGHT FOR FREEDOM AND EQUALITY.  WHEN THE FEDERAL GOVERNMENT REFUSED

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    TO ACKNOWLEDGE EDIE'S LAWFUL MARRIAGE, SHE SAID, ENOUGH IS ENOUGH,

                    AND ALONG WITH HER ATTORNEY, ROBERTA KAPLAN, BROUGHT HER CASE ALL THE

                    WAY TO THE UNITED STATES SUPREME COURT, WHERE UNITED STATES VS.

                    WINDSOR SUCCESSFULLY OVERTURNED SECTION 3 OF THE DEFENSE OF MARRIAGE

                    ACT.  EDIE BE -- EDIE BELIEVED THAT JOY SHOULD NEVER BE DELAYED.  AFTER

                    HER SPOUSE THEA SPYER DIED, EDIE FOUND JOY AGAIN WITH HER SURVIVING

                    SPOUSE, JUDITH KASEN-WINDSOR, WHICH IS HERE WITH US TODAY.  TODAY

                    WE HONOR EDIE AS A CHAMPION FOR PEOPLE, CHANGING THE LIVES OF

                    LGBTQI INDIVIDUALS ACROSS THE NATION.

                                 TODAY I CALL ON MY COLLEAGUES IN SUPPORTING THIS

                    IMPORTANT RESOLUTION COMMENDING THE LIFE OF EDIE WINDSOR.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                    MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  EDIE AND

                    JUDITH ARE -- WERE -- EDIE WAS A CONSTITUENT, JUDITH IS A CONSTITUENT.

                    EDIE WAS FULL OF ENERGY, COURAGE AND DETERMINATION.  SHE DID NOT

                    INTEND TO BE THE HERO THAT SHE HAS BECOME.  SO OFTEN IN HISTORY, PEOPLE

                    JUST STANDING UP FOR THEMSELVES FIND THEMSELVES STANDING UP FOR A

                    COMMUNITY.  EDIE DID THAT.  SHE MADE IT POSSIBLE FOR SO MANY IN OUR

                    COMMUNITY TO HAVE THE RIGHT TO MARRY, AND SHE WILL NEVER BE FORGOTTEN.

                    BUT I'M ALSO PERSONALLY GRATEFUL TO HER FOR MY ABILITY TO GET MARRIED

                    AFTER NEARLY 20 YEARS IN A RELATIONSHIP.  SO, I AM GRATEFUL TO HER, AND

                    I'M GRATEFUL TO JUDITH, WHO CONTINUES TO FIGHT FOR THE RIGHTS OF THE

                    LGBT COMMUNITY.

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. SIMON ON THE

                    RESOLUTION.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.  I PAUSE TO

                    REMEMBER EDIE WINDSOR, WHO IS SOMEONE WHO I HAD THE PLEASURE TO

                    GET TO KNOW, NOT AS -- AS CLOSELY AS SOME OF MY COLLEAGUES, BUT SHE WAS

                    JUST A PERSON FULL OF LIFE AND LIGHT.  SHE LOVED EVERYONE.  SHE WAS

                    WONDERFUL AND GRACIOUS AND KIND TO EVERYONE; TO CHILDREN, TO ANYBODY,

                    WHATEVER YOUR STRIPES.  SHE WAS OUT THERE.  SHE WAS WILLING TO FIGHT,

                    AND SHE WAS WILLING TO JUST OPEN HER HEART TO -- TO EVERYONE, AND WE

                    COULD NOT DO ANY BETTER THAN TO HONOR HER TODAY WITH THIS RESOLUTION.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. BRONSON.

                                 MR. BRONSON:  YES, MR. SPEAKER, I RISE TO JOIN MY

                    COLLEAGUES AND THANK THE SPONSOR OF THIS RESOLUTION, ASSEMBLYMEMBER

                    SEAWRIGHT, FOR BRINGING IT FORWARD.  I MET EDIE A COUPLE OF TIMES, BUT I

                    DIDN'T REALLY KNOW HER.  I KNEW HER PUBLIC PERSONA, BUT I DIDN'T KNOW

                    HER.  I -- I REALIZED, THOUGH, THAT SHE HAD A LOT OF ENERGY, SHE HAD

                    COURAGE AND SHE HAD A WILLINGNESS TO PUT HERSELF OUT THERE FOR THE

                    BENEFIT OF THE LGBT COMMUNITY.  AND FOR THAT AND FOR HER -- HER WORK

                    ON BEHALF OF -- OF OUR COMMUNITY, BUT ALSO FOR THE LAWSUIT THAT SHE

                    ULTIMATELY BROUGHT FORWARD AND TOOK ALL THE WAY TO THE SUPREME COURT,

                    I'M FOREVER GRATEFUL.  BECAUSE EDIE HELPED MY COMMUNITY, THE

                    LBGTQ COMMUNITY, TO TAKE ANOTHER STEP FORWARD.  ANOTHER STEP

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                    FORWARD TO FULL EQUALITY.  I THANK EDIE, I REMEMBER EDIE AND I ALSO

                    THANK YOU, JUDITH, FOR -- FOR BEING THERE WITH OUR COMMUNITY.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED ON THE

                    RESOLUTION.

                                 MR. GOTTFRIED:  YOU KNOW, I'M -- I'M -- I'M

                    THINKING OF WHAT CONGRESSMAN CHARLIE RANGEL SOMETIMES SAYS, WHICH

                    IS, EVERYTHING'S BEEN SAID, BUT NOT EVERYONE HAS HAD A CHANCE TO SAY IT.

                    I DON'T WANT TO ADD A LOT TO THE -- TO WHAT'S BEEN ALREADY SAID ABOUT

                    EDIE, BUT ON THE OTHER HAND, I DIDN'T WANT THE OCCASION TO GO BY

                    WITHOUT SAYING WHAT AN AMAZINGLY DELIGHTFUL AND ENERGETIC AND, I DON'T

                    KNOW IF SHE WAS ALWAYS AS -- AS EXTRAORDINARILY CHEERFUL AND

                    ENTHUSIASTIC AS SHE WAS EVERY TIME I EVER MET HER.  SHE DID AN -- AN

                    ENORMOUS AMOUNT OF GOOD, AND I MISS HER GREATLY.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.

                                 MR. GOTTFRIED FOR A PIECE OF HOUSEKEEPING.

                                 MR. GOTTFRIED:  YES.  MR. SPEAKER, SPEAKING OF

                    DELIGHTFUL, ON PAGE 35 OF THE MAIN CALENDAR, CALENDAR NO. 324,

                    ASSEMBLY -- MY BILL 4277, IF YOU COULD STAR THE BILL.  AND ON THE SAME


                    PAGE, CALENDAR NO. 328, MY BILL, ASSEMBLY NO. 4355, IF YOU COULD

                    ALSO STAR THAT BILL.

                                 ACTING SPEAKER AUBRY:  BILLS ARE STARRED.

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                    NYS ASSEMBLY                                                     MAY 8, 2018

                                 WE HAVE NUMEROUS OTHER RESOLUTIONS WHICH WE WILL

                    TAKE UP WITH ONE VOTE.

                                 ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 1149-1155

                    AND 1157-1158 WERE UNANIMOUSLY ADOPTED.)

                                 MR. MORELLE.

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

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY,

                    MAY 9TH.  TOMORROW, LADIES AND GENTLEMEN, IS A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 4:50 P.M., THE HOUSE STOOD ADJOURNED

                    UNTIL WEDNESDAY, MAY 9TH AT 10:00 A.M., THAT BEING A SESSION DAY.)























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