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
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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
6
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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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 --
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.)
73