NYS ASSEMBLY JUNE 13, 2018
WEDNESDAY, JUNE 13, 2018 11:37 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND ELIA WILL OFFER A PRAYER.
REVEREND DONNA ELIA: LET US PRAY. GREAT AND
GLORIOUS GOD, IN YOUR PRESENCE WE ACKNOWLEDGE THE GOODNESS AND
FRAGILITY OF LIFE, AND WE HUMBLY ACCEPT YOUR CALL TO SERVICE. THANK
YOU FOR EACH LEGISLATOR AND STAFF PERSON FOR THE VITAL WORK ENTRUSTED TO
THIS BODY. GIVE THEM WISDOM, ENERGY, CLARITY AND COMPASSION, ALL THE
GOOD GIFTS THAT THEY NEED. THIS DAY WE THANK YOU FOR LEGISLATORS WHO
HAVE GONE TO THEIR REST WHOM WE NOW NAME IN OUR HEARTS BEFORE YOU.
(PAUSE)
THANK YOU FOR ALL IN THEM THAT WAS GOOD AND KIND
AND JUST. MAY THEIR MEMORY BE A BLESSING TO FAMILY, FRIENDS AND
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NYS ASSEMBLY JUNE 13, 2018
COLLEAGUES, AND MAY ALL OF US BE MINDFUL THAT OTHERS HAVE HELPED US ON
OUR JOURNEY.
WE ALSO COME BEFORE YOU WITH GRATITUDE FOR ALL WHO
SERVE IN THE MILITARY, ESPECIALLY FOR WOMEN VETERANS. WE THANK YOU
FOR THEIR COURAGE, THEIR LEADERSHIP AND THEIR COMMITMENT. THANK YOU
FOR THE SERVICE AND SACRIFICE OF THESE WOMEN WHO PAVED THE WAY SO
THAT WOMEN ACTIVELY SERVING NOW HAVE GREATER OPPORTUNITY. WE HONOR
THEM, AND WE ARE BETTER FOR THE PRIVILEGE OF WORKING ALONGSIDE OF
THEM. POUR OUT ABUNDANT BLESSINGS UPON WOMEN VETERANS
EVERYWHERE. HELP US TO BE PEOPLE WHO DO JUSTICE, LOVE KINDNESS AND
WALK HUMBLY WITH YOU. IN YOUR HOLY NAME WE PRAY. AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, JUNE 12TH.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I MOVE
TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, JUNE
12TH, AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MR. MORELLE.
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NYS ASSEMBLY JUNE 13, 2018
MR. MORELLE: YES. GOOD MORNING, MR. SPEAKER.
GOOD MORNING, LADIES AND GENTLEMEN. GOOD MORNING, GUESTS. THANK
YOU TO THE REVEREND ELIA FOR HER PRAYER THIS MORNING.
BEFORE I BEGIN WITH OUR SCHEDULE FOR THE DAY, LET ME
JUST NOTE THAT ON THIS DAY IN 1807, PRESIDENT THOMAS JEFFERSON RECEIVED
A SUBPOENA TO TESTIFY IN THE TREASON TRIAL OF HIS FORMER VICE PRESIDENT,
AARON BURR. BURR WAS ACCUSED OF CONSPIRING TO CREATE A NEW
INDEPENDENT NATION WHERE THE SOUTHWESTERN UNITED STATES CURRENTLY
LIES. JEFFERSON REFUSED TO APPEAR IN BURR'S DEFENSE AND RELEASED ONLY A
FEW OF THE DOCUMENTS BURR HAD REQUESTED, INVOKING HIS PRESIDENTIAL
RIGHT TO PROTECT THE PUBLIC INTEREST. MAYBE THEY'LL MAKE A MUSICAL OUT
OF THAT SOME DAY, MR. SPEAKER.
AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU
KNOW THAT ROME, NEW YORK IS THE SECOND-LARGEST CITY BY AREA IN THE
STATE OF NEW YORK? ROME IS LOCATED IN THE 119TH ASSEMBLY DISTRICT,
REPRESENTED BY OUR FRIEND, MR. BRINDISI. IT IS -- IT ENCOMPASSES NEARLY
75 SQUARE MILES, WHICH IS ABOUT 35 SQUARE MILES MORE OR LARGER THAN
THE CITY OF BUFFALO, 40 SQUARE MILES LARGER THAN THE CITY OF ROCHESTER.
NOT SURPRISINGLY, NEW YORK CITY IS THE LARGEST CITY IN THE STATE. IT
COVERS MORE THAN 300 SQUARE MILES.
AND WITH THAT HISTORICAL NOTE AND INFORMATION, MR.
SPEAKER, WHICH HAS LITTLE RELEVANCE TO THE WORK WE'LL DO TODAY, BUT
NONETHELESS, LET ME GIVE OUR SCHEDULE. MEMBERS HAVE ON THEIR DESKS A
MAIN CALENDAR AND A DEBATE LIST. AS WE BEGIN OUR WORK ON THE FLOOR
TODAY, WE WILL ADOPT SEVERAL RESOLUTIONS, INCLUDING TWO PERTAINING TO
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NYS ASSEMBLY JUNE 13, 2018
WOMEN VETERANS, LED BY ASSEMBLYMEMBER HUNTER. AFTER ANY
INTRODUCTIONS AND HOUSEKEEPING -- AND I DO NOTE WE HAVE MANY, MANY
DISTINGUISHED GUESTS IN THE CHAMBER TODAY, BUT AFTER THOSE
INTRODUCTIONS, WE WILL CONTINUE TO CONSENT WHERE WE LEFT OFF ON THE
MAIN CALENDAR, BEGINNING WITH RULES REPORT NO. 113, WHICH IS ON
PAGE 10 OF THAT CALENDAR. WE WILL ALSO WORK ON THE MAIN CALENDAR AS
WELL AS THE DEBATE LIST THROUGHOUT THE DAY. MEMBERS SHOULD BE
PREPARED, THE FOLLOWING COMMITTEES WILL MEET OFF THE FLOOR -- ALTHOUGH
I NOTE, NOT NECESSARILY IN THIS ORDER -- SO YOU SHOULD BE PREPARED IF YOU
ARE ON ANY OF THESE COMMITTEES: THE COMMITTEE ON CODES,
COMMITTEE ON WAYS AND MEANS AND THE COMMITTEE ON RULES. THESE
COMMITTEE MEETINGS WILL PRODUCE AN A-CALENDAR, WHICH WE MAY ALSO
TAKE UP TODAY, IN WHOLE OR IN PART.
SO, MR. SPEAKER, I NOTE THERE ARE INTRODUCTIONS. IF
YOU HAVE HOUSEKEEPING AS WELL, THIS WOULD BE THE APPROPRIATE TIME TO
TAKE THEM UP.
ACTING SPEAKER AUBRY: WE'LL START WITH
INTRODUCTIONS TODAY, MR. MORELLE.
AND FOR THE PURPOSES OF AN INTRODUCTION, MS. HUNTER.
MS. HUNTER: THANK YOU, MR. SPEAKER. AS THE
ONLY WOMAN VETERAN SERVING IN THE NEW YORK STATE LEGISLATURE, AND
THE CHAIR OF THE SUBCOMMITTEE ON WOMEN VETERANS, LET ME WELCOME
ALL THE WOMEN VETERANS WHO HAVE JOINED US TODAY IN ALBANY FOR THE
SPECIAL EVENT IN THE NEW YORK STATE ASSEMBLY CHAMBER. ALSO, I'D
LIKE TO THANK THE MANY VENDORS WHO ARE -- ARE DEVOTED TO HELPING AND
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NYS ASSEMBLY JUNE 13, 2018
ENCOURAGING WOMEN VETERANS OF ALL AGES WHO ARE WITH US TODAY. AS
THE MAJORITY LEADER MENTIONED, LATER ON TODAY WE WILL BE ADOPTING
RESOLUTIONS RELATIVE TO WOMEN VETERANS. THIS IS THE 24TH ANNUAL EVENT
HONORING WOMEN VETERANS. IT SERVES AS A REMINDER TO THOSE IN THIS
CHAMBER, THE ELECTED MEMBERS AND STAFF AND THOSE WATCHING AND
LISTENING, OF THE TREMENDOUS CONTRIBUTIONS THESE WOMEN HAVE MADE
DEFENDING AND SUPPORTING OUR NATION AND STATE IN TIMES OF PEACE AND
WAR.
TODAY WE'RE JOINED IN THE CHAMBER BY NUMEROUS
WOMEN FROM AROUND THE STATE. THESE WOMEN HAVE JOINED -- WHO HAVE
JOINED US TODAY HAVE SERVED IN THE UNITED STATES ARMY -- GO ARMY,
BEAT NAVY -- THE AIR FORCE, COAST GUARD, NAVY, MARINES, NATIONAL
GUARD UNITS AS WELL AS RESERVE UNITS. WE HAVE WOMEN WHO'VE SERVED
IN KOREA AND VIETNAM, AFGHANISTAN AND THE WAR ON TERROR. SOME ARE
PART OF THE LEADERSHIP TEAM OF VETERANS ORGANIZATIONS, AND I'M EXCITED
TO ANNOUNCE THAT THE AMERICAN LEGION DEPARTMENT OF NEW YORK
COMMANDER RENA NESSLER IS WITH US TODAY. AFTER 99 YEARS, SHE IS THE
VERY FIRST WOMAN COMMANDER OF THE NEW YORK STATE AMERICAN
LEGION.
(APPLAUSE)
COMMANDER NESSLER SERVED DURING THE VIETNAM WAR,
AND HAS AN HONORABLE DISCHARGE AND WAS A YEOMAN THIRD CLASS.
THESE VETERANS HERE TODAY, I ASK, MR. SPEAKER, IF YOU WOULD EXTEND TO
THEM THE PRIVILEGES OF THE FLOOR AND GIVE THESE SPECIAL VETERANS A VERY
WARM WELCOME TO THE PEOPLE'S HOUSE TODAY.
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NYS ASSEMBLY JUNE 13, 2018
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. HUNTER, MR. DENDEKKER, MR. MORINELLO, MS. JAFFEE, MR.
SANTABARBARA, MS. TAGUE -- MR. TAGUE, 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. THIS IS THE PEOPLE'S
HOUSE, IN NO SMALL MEASURE BECAUSE OF THE WORK THAT YOU HAVE DONE
DEFENDING THE FREEDOM OF THIS COUNTRY. WE ARE FOREVER GRATEFUL FOR THE
SERVICE THAT YOU HAVE PROVIDED, AND HOPE THAT YOU ALWAYS KNOW THAT
THIS IS A PLACE YOU WILL FIND HOME AND COMFORT. THANK YOU SO VERY
MUCH.
(APPLAUSE)
FOR THE PURPOSES OF AN INTRODUCTION, MS. NIOU.
MS. NIOU: MR. SPEAKER -- MR. SPEAKER, I THINK MY
MIC ISN'T WORKING -- OH THERE IT IS.
MR. SPEAKER, THANK YOU FOR ALLOWING ME TO MAKE THIS
INTRODUCTION TODAY. I RISE TO INTRODUCE A VERY DISTINGUISHED GUEST WHO
I'VE INVITED TO SPEND THE DAY WITH US IN HONOR OF TAIWAN HERITAGE DAY
IN NEW YORK.
AMBASSADOR HSU, WOULD YOU STAND?
AMBASSADOR LILY HSU HAS LED THE TAIPEI ECONOMIC
AND CULTURAL OFFICE IN NEW YORK SINCE 2016 AND HAS CHAMPIONED
INCLUSIVENESS AND ACCESSIBILITY DURING HER TENURE. AMBASSADOR HSU
HAS EXTENSIVE FOREIGN POLICY EXPERIENCE. SHE HAS HELD SUCH
DISTINGUISHED POSITIONS AS DIRECTOR OF THE TAIPEI REPRESENTATIVE OFFICE
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NYS ASSEMBLY JUNE 13, 2018
IN THE UNITED KINGDOM, AND REPRESENTATIVE OF THE TAIPEI
REPRESENTATIVE OFFICE IN DENMARK. THROUGHOUT HER DIPLOMATIC CAREER,
AMBASSADOR HSU HAS BEEN DEDICATED TO AMPLIFYING THE VOICES OF
INDIVIDUALS OF TAIWANESE HERITAGE THROUGHOUT THE GLOBE, HELPING TO
ENSURE THAT THEY HAVE A SEAT AT THE TABLE AND THE OPPORTUNITY TO
ADVOCATE FOR THEMSELVES AND THEIR FAMILIES AND OUR COMMUNITIES.
AS THE FIRST AND ONLY TAIWANESE-AMERICAN STATE
LEGISLATURE -- LEGISLATOR IN NEW YORK, I AM THRILLED TO WELCOME
AMBASSADOR HSU TO THE PEOPLE'S HOUSE. I'VE HAD THE OPPORTUNITY TO
WORK WITH AMBASSADOR HSU OVER THE YEARS, AND I AM PROUD TO COUNT
HER AS A PARTNER AS WE WORK TO LEVEL THE PLAYING FIELD FOR THOSE MOST IN
NEED. I THANK MY COLLEAGUES FOR SETTING ASIDE THIS DAY TO HONOR THE
CULTURE, HERITAGE AND HISTORY OF TAIWAN, AS WELL AS THE MANY
ACCOMPLISHMENTS OF TAIWANESE-AMERICANS AND IMMIGRANTS ACROSS
NEW YORK.
I ASK MY COLLEAGUES AND OUR SPEAKER TO EXTEND ALL OF
THE CORDIALITIES OF THE HOUSE TO AMBASSADOR HSU AND OUR DISTINGUISHED
GUESTS AS WE CELEBRATE TAIWANESE HERITAGE DAY IN NEW YORK.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF ASSEMBLYMEMBER NIOU, ASSEMBLYMEMBER BRAUNSTEIN, THE SPEAKER
AND ALL THE MEMBERS, AMBASSADOR, WE WELCOME YOU HERE TO THE NEW
YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE WORK THAT YOU HAVE DONE
HERE IN NEW YORK AND SPREADING THE GOOD WILL BETWEEN TAIPEI AND THE
UNITED STATES OF AMERICA. PLEASE KNOW THAT YOU'RE ALWAYS WELCOME
7
NYS ASSEMBLY JUNE 13, 2018
HERE, AND WE ARE EXCITED TO CELEBRATE THIS DAY WITH YOU. THANK YOU SO
VERY MUCH.
(APPLAUSE)
FOR THE PURPOSES OF AN INTRODUCTION, MR. KIM.
MR. KIM: THANK YOU, MR. SPEAKER, FOR ALLOWING ME
TO INTERRUPT THE PROCEEDINGS FOR AN INTRODUCTION TODAY. TODAY IS ONCE
AGAIN TAIWANESE HERITAGE DAY, AND WE HAVE A NUMBER OF
ORGANIZATIONS THAT HAVE COME TO VISIT US IN ALBANY TODAY. SO LET ME
TAKE A MOMENT TO ACKNOWLEDGE SOME OF THESE AMAZING NONPROFITS AND
COMMUNITY GROUPS THAT ARE -- THEY'RE SERVICING TAIWANESE-AMERICAN
COMMUNITIES THROUGHOUT THE STATE OF NEW YORK. BUT FIRST, LET ME
INTRODUCE MY VERY GOOD FRIEND, POLITICAL DIRECTOR RONNIE LU FROM THE
TECO, THE TAIWANESE AMBASSADOR'S OFFICE; AND CONSUL JENNY TZENG,
WHO'S SITTING IN THE BACK AS WELL. THANK YOU, JENNY, FOR JOINING US.
LET ME ACKNOWLEDGE THE TAIWAN CENTER CHAIRMAN, GOW-CHUNG CHEN;
THE BUDDHA'S LIGHT INTERNATIONAL ASSOCIATION OF NEW YORK PRESIDENT
LI YI HUNG; FO GUANG SHAN BUDDHIST TEMPLE NEW YORK, THE
VENERABLE RU YANG; TAIWANESE AMERICAN CULTURAL SOCIETY OF THE
CAPITAL DISTRICT, WES YANG; THE TAIWANESE AMERICAN ASSOCIATION OF
THE CAPITAL DISTRICT, NEW YORK, FORMER PRESIDENT MISS HUANG; AND THE
TAIWANESE AMERICAN ASSOCIATION OF CAPITAL DISTRICT, AGAIN, MEMBER
AND PERFORMER, DAISY LIN.
FOR MANY OF US IN THE CHAMBER WHO HAVE VISITED
TAIWAN OVER THE YEARS, ON BEHALF OF ALL THOSE MEMBERS, PARTICULARLY
MEMBERS SKOUFIS, SANTABARBARA, MOSLEY, RAIA, JOYNER, ROZIC AND
8
NYS ASSEMBLY JUNE 13, 2018
BLAKE AND MANY OTHERS WHO TOOK TIME TO VISIT TAIWAN FOR THE LAST FEW
YEARS, WE WELCOME THE TAIWANESE-AMERICAN COMMUNITY EVERY SINGLE
YEAR TO THE -- TO THE ALBANY REGION. AND, MR. SPEAKER, PLEASE EXTEND
THE PRIVILEGES OF THE FLOOR ON BEHALF OF ALL THE MEMBERS. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. KIM, MS. NIOU, MR. BRAUNSTEIN, MR. SANTABARBARA, MR.
SKOUFIS, MR. (SIC) ROZIC, MR. MOSLEY, MR. BLAKE, MR. RAIA, THE
SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE DISTINGUISHED
INDIVIDUALS HERE TO THE NEW YORK STATE ASSEMBLY, AS WELL AS THESE
DISTINGUISHED ORGANIZATIONS HERE REPRESENTING THE TAIWAN COMMUNITY
IN THIS STATE. WE EXTEND TO YOU, ALL OF YOU, THE PRIVILEGES OF THE FLOOR.
OUR THANKS FOR JOINING US ON THIS DAY. OUR CONGRATULATIONS ON THE
GREAT WORK THAT YOU'RE DOING IN YOUR INDIVIDUAL COMMUNITIES. PLEASE
CONTINUE THAT GREAT WORK. PLEASE KNOW THAT WE ARE FOREVER THANKFUL
THAT YOU SHARE WITH US THIS DAY. PLEASE CONTINUE TO DO THAT. THANK YOU
SO VERY MUCH.
(APPLAUSE)
MR. MCDONALD FOR THE PURPOSES OF AN INTRODUCTION.
MR. MCDONALD: THANK YOU -- EXCUSE ME --
THANK YOU, MR. SPEAKER. IN KEEPING UP WITH OUR INTERNATIONAL FLARE
TODAY, I, ALONG WITH ASSEMBLYMEMBERS BRINDISI, FAHY, SANTABARBARA
AND WALSH ARE JOINED BY VISITORS FROM THE POLISH AMERICAN CONGRESS,
THE POLISH NATIONAL ALLIANCE, THE POLISH COMMUNITY CENTER OF ALBANY,
ST. MICHAEL'S COMMUNITY CENTER OF COHOES AND ST. MICHAEL'S POLISH
ROMAN CATHOLIC CHURCH OF COHOES. THIS YEAR, POLAND AND THE POLISH
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NYS ASSEMBLY JUNE 13, 2018
COMMUNITIES THROUGHOUT THE U.S. WILL OBSERVE THE 100TH ANNIVERSARY
AFTER 123 YEARS OF OCCUPATION BY RUSSIAN, PRUSSIAN AND AUSTRIAN
EMPIRES. HOSTILITIES OFFICIALLY ENDED ON NOVEMBER 11TH, 1918, WHICH
LATER WILL BE CELEBRATED AS ARMISTICE DAY. WE WILL COMMEMORATE THIS
DAY IN THE ASSEMBLY WITH A RESOLUTION BEING INTRODUCED BY
ASSEMBLYMEMBER WALLACE. THE CELEBRATION OF POLAND'S INDEPENDENCE
AFFIRMS THE CULTURAL IDENTITY AND SELF-ESTEEM OF THE POLISH PEOPLE. IT
HONORS THEIR RICH HERITAGE, THEIR HISTORY AND THE TRADITION OF POLAND.
THE 100TH ANNIVERSARY OF POLAND'S INDEPENDENCE PROVIDES AN
OPPORTUNITY TO RECOGNIZE THE SIGNIFICANCE OF THEIR CONTRIBUTIONS TO THE
QUALITY AND CHARACTER OF LIFE, AND THROUGH EVENTS AND ACTIVITIES FOR ALL
PEOPLE TO GAIN A GREATER APPRECIATION OF POLAND'S HISTORY AND TRADITIONS.
I'D LIKE TO BRIEFLY RATTLE OFF THE NAMES OF OUR GUESTS TODAY. FROM THE
POLISH AMERICAN CONGRESS: FATHER CARL URBAN, THERESA BUNK,
TOMASZ MROCZEK, TAD SZYSZKA, SUSAN MATALA, JANINA KOWALIK,
JEFFREY KARAS AND JUDITH GATZI-MULLEN. FROM THE POLISH NATIONAL
ALLIANCE: EDWARD SWIDERSKI AND RICHARD JOACHIM. FROM THE POLISH
COMMUNITY CENTER HERE IN ALBANY: HENRY MAZUR, EUGENE LEONIAK,
WILLIAM PECAK. AND FROM ST. MICHAEL'S COMMUNITY CENTER OF MY
HOMETOWN OF COHOES, HENRY MATALA AND MARIA SWIETON.
THANK YOU, MR. SPEAKER, AND PLEASE EXTEND THEM THE
CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. MCDONALD, MR. BRINDISI, MR. SANTABARBARA, MS. WALLACE, THE
SPEAKER AND -- MS. FAHY AND THE SPEAKER AND ALL THE MEMBERS, WE
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NYS ASSEMBLY JUNE 13, 2018
WELCOME THESE POLISH-AMERICANS HERE TO THE NEW YORK STATE
ASSEMBLY, AND WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE THANK
YOU AGAIN FOR THE WORK THAT YOU TODAY DO TO SUSTAIN AND -- AND
ENCOURAGE THE COMMUNITIES THAT YOU COME FROM. PLEASE CONTINUE THAT
GREAT WORK. THANK YOU AGAIN FOR SHARING THIS DAY AND THIS HONOR WITH
US.
(APPLAUSE)
MR. LAVINE FOR AN INTRODUCTION.
MR. LAVINE: THANK YOU, MR. SPEAKER. IT'S A GREAT
HONOR FOR ME TO BE ABLE TO INTRODUCE MY FRIEND AND THE FRIEND OF MANY
OF US, AND THAT IS AMIR SAGIE, THE DEPUTY CONSUL GENERAL OF ISRAEL IN
THE STATE OF NEW YORK. NOW, THIS IS A LITTLE BIT OF A BITTERSWEET
INTRODUCTION BECAUSE OUR FRIEND AMIR IS GOING TO BE LEAVING AND GOING
BACK TO JERUSALEM AT THE END OF THE YEAR TO WORK IN THE FOREIGN
MINISTRY. BUT FOR THE PAST -- PAST FOUR YEARS, HE'S BEEN AN INTEGRAL PART
OF INCREASED AND BETTERING RELATIONS CONTINUALLY BETWEEN ISRAEL AND THE
UNITED STATES. AMIR IS A VERY INTERESTING MAN. HE WAS AN OFFICER IN
THE ISRAELI NAVY, AND HE AS WELL HAS BEEN STATIONED IN CHINA AND
SPEAKS A MEAN -- MEAN MANDARIN, AND IN PORTUGAL AS WELL, AND HE ALSO
SPEAKS PORTUGUESE. HIS RESPONSIBILITY HAS BEEN OUTREACH TO THE MAJOR
NORTHEASTERN STATES. HE HAS PERFORMED PROFESSIONALLY AND ADMIRABLY.
WE ARE GOING TO MISS HIM VERY, VERY BADLY. BUT WE KNOW THAT HE'LL BE
DOING WHAT HE WANTS TO DO AND WHAT HE NEEDS TO DO FOR HIS NATION.
AND JUST A -- A BRIEF DISCLOSURE. NOT ONLY AM I PRIVILEGED TO BE THE
PRESIDENT OF THE NEW YORK CHAPTER OF THE NATIONAL ASSOCIATION OF
11
NYS ASSEMBLY JUNE 13, 2018
JEWISH LEGISLATORS, BUT I ALSO HAVE FAMILY IN ISRAEL. SO, PLEASE AFFORD
THE DEPUTY CONSUL -- CONSUL GENERAL ALL THE PRIVILEGES AND AMENITIES
OF THE HOUSE, AND THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. LAVINE, THE SPEAKER AND ALL THE MEMBERS, DEPUTY CONSUL, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE WORK THAT YOU HAVE DONE
HERE IN NEW YORK STATE, AND WISH YOU WELL AS YOU RETURN TO YOUR
COUNTRY, AND HOPE THAT THAT EXPERIENCE WILL BE BENEFITED BY THE TIME
YOU SPENT WITH US. THANK YOU SO VERY MUCH. AND DO COME BACK AND
VISIT US AFTER A WHILE. THANK YOU.
(APPLAUSE)
MR. SANTABARBARA FOR THE PURPOSES OF AN INTRODUCTION.
AND I SEE SOME SMILING FACES IN THE BACK WAITING FOR THIS.
MR. SANTABARBARA: THANK YOU, MR. -- THANK
YOU, MR. SPEAKER. TODAY I'M PLEASED TO INTRODUCE A GROUP OF 60
STUDENTS FROM THE BERNE-KNOX-WESTERLO ELEMENTARY SCHOOL IN THE
ALBANY COUNTY PORTION OF THE 111TH ASSEMBLY DISTRICT. THESE
STUDENTS ARE TOURING THE STATE CAPITOL TODAY TO LEARN MORE ABOUT THEIR
STATE GOVERNMENT, AND I'M VERY PLEASED THAT THEY WILL BE SPENDING
SOME TIME WITH US HERE IN THE NEW YORK STATE ASSEMBLY TO GET A
FIRSTHAND LOOK AT THE SOME OF LEGISLATION THAT WE'LL BE TAKING UP TODAY.
THEY ARE JOINED BY A NUMBER OF TEACHERS, STAFF AND ADMINISTRATORS FROM
THE BERNE-KNOX-WESTERLO SCHOOL DISTRICT. AND IN THE GROUP IS
SOMEONE MY ASSEMBLY COLLEAGUES HAVE MET EARLIER THIS YEAR. EMMA
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NYS ASSEMBLY JUNE 13, 2018
DETLEFSEN WAS INTRODUCED HERE IN THE NEW YORK STATE ASSEMBLY
EARLIER THIS YEAR WHEN -- WHEN A RESOLUTION WAS PASSED RECOGNIZING --
RECOGNIZING LYMPHEDEMA AWARENESS DAY. EMMA IS A YOUTH
AMBASSADOR FOR THE LYMPHATIC EDUCATION AND RESEARCH NETWORK, AND
HAS RECENTLY RETURNED FROM HER TRIP TO WASHINGTON, D.C., WHERE SHE
WAS ADVOCATING FOR FUNDING AND LEGISLATION TO HELP FIND A CURE.
MR. SPEAKER, I ASK THAT YOU WELCOME THESE SPECIAL
GUESTS TO THE CHAMBER AND EXTEND TO THEM ALL THE CORDIALITIES OF THE
HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME
THESE STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR. GREAT THAT YOU WOULD BE HERE ON A DAY
WHEN WE ARE RECOGNIZING VISITORS FROM TAIWAN, FROM ISRAEL, WOMEN
VETERANS FROM ACROSS THE STATE, AND ALSO YOU. AND THANK YOU, EMMA,
FOR THE WORK THAT YOU'RE DOING. CONGRATULATIONS. WE HOPE THAT ALL OF
YOUR STUDENTS -- AND FELLOW STUDENTS APPRECIATE THE WORK THAT YOU DO.
THANK YOU ALSO TO PARENTS AND TEACHERS WHO HAVE COME AND AFFORDED
THEM THIS OPPORTUNITY. PLEASE KNOW YOU'RE ALWAYS WELCOME HERE.
(APPLAUSE)
AND NOW A LITTLE HOUSEKEEPING.
ON A MOTION BY MR. CAHILL, PAGE 12, RULES REPORT
NO. 122, BILL NO. 10486-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE
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NYS ASSEMBLY JUNE 13, 2018
TO GO TO PAGE 3 OF THE MAIN CALENDAR AND I'D LIKE TO BEGIN WITH
ASSEMBLY RESOLUTION NO. 1264. I UNDERSTAND MS. HUNTER AND OTHERS
WISH TO BE HEARD ON THE RESOLUTION.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1264, RULES
AT THE REQUEST OF MS. HUNTER.
LEGISLATIVE RESOLUTION URGING THE NEW YORK STATE
CONGRESSIONAL DELEGATION TO PASS THE PEER SUPPORT COUNSELING
PROGRAM FOR WOMEN VETERANS, H.R. 4635/S.2402.
ACTING SPEAKER AUBRY: MS. HUNTER ON THE
RESOLUTION.
MS. HUNTER: THANK YOU, MR. SPEAKER. THIS
RESOLUTION TODAY, CONGRESSIONAL RESOLUTION K.1264, ENCOURAGES OUR
CONGRESSIONAL DELEGATION TO SUPPORT THE PEER SUPPORT COUNSELING
PROGRAM FOR WOMEN VETERANS. THIS BIPARTISAN PIECE OF LEGISLATION
DIRECTS THE -- THE VA TO ENSURE THAT VETERAN PEER COUNSELING PROGRAM
INCLUDES A SUFFICIENT NUMBER OF PEER COUNSELORS FOR WOMEN VETERANS,
AND REQUIRES SUCH COUNSELORS TO HAVE EXPERTISE IN GENDER-SPECIFIC
ISSUES AND SERVICES, VA SERVICES AND BENEFITS, AND EMPLOYMENT
MENTORING. IT FURTHER REQUIRES THE VA TO EMPHASIZE FACILITATING
PEER-TO-PEER COUNSELING FOR WOMEN VETERANS WHO'VE SUFFERED SEXUAL
TRAUMA WHILE IN THE ARMED FORCES, HAVE PTSD OR SUFFER FROM ANOTHER
MENTAL HEALTH CONDITION. IT'S IMPORTANT THAT WE, MEMBERS OF THE NEW
YORK STATE ASSEMBLY, ADD OUR VOICES OF SUPPORT FOR THIS VERY
IMPORTANT PIECE OF FEDERAL LEGISLATION.
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NYS ASSEMBLY JUNE 13, 2018
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. DENDEKKER ON
THE RESOLUTION.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. ON
THE RESOLUTION. THIS RESOLUTION CALLS FOR OUR COLLEAGUES IN THE FEDERAL
GOVERNMENT TO PASS THE PEER SUPPORT COUNSELING PROGRAM FOR WOMEN
VETERANS. WOMEN VETERANS ARE THE FASTEST-GROWING SEGMENT OF THE
VETERANS POPULATION. THIS FEDERAL LEGISLATION IS A STEP IN THE RIGHT
DIRECTION SO THAT WOMEN VETERANS WILL NOT BE THE FORGOTTEN SOLDIER,
SAILOR, MARINE OR COAST GUARDSMAN.
I STRONGLY URGE ITS PASSAGE AND ASK MY COLLEAGUES FOR
A POSITIVE VOTE ON THIS RESOLUTION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MORINELLO.
MR. MORINELLO: THANK YOU, MR. SPEAKER. IN
PREPARING MY COMMENTS ON THIS RESOLUTION, I CAME ACROSS A LETTER FROM
A VIETNAM COMBAT FEMALE, AND I THOUGH IT SUMMED UP WHY WE HAVE TO
SUPPORT THIS PARTICULAR PIECE OF -- OR URGE OUR CONGRESSIONAL DELEGATES
TO PRE -- PASS THAT PIECE OF LEGISLATION. WOMEN HAVE SERVED IN THE U.S.
ARMY SINCE THE REVOLUTIONARY WAR. IN THE PAST, THEY EVEN DRESSED UP
AS MEN TO BE ABLE TO SERVE THEIR COUNTRY. BUT FEMALE ACTIVE DUTY
SERVICE MEMBERS AND VETERANS ARE NOT GIVEN THE SAME RECOGNITION AS
MEN. THIS WOMAN STATES, "I HAVE A T-SHIRT I WEAR THAT SAYS I'M A
UNITED STATES AIR FORCE VETERAN. I'VE HAD A FEW PEOPLE SAY, IT'S NICE,
MY HUSBAND SERVED. I DON'T HAVE A HUSBAND. I AM THE VETERAN.
15
NYS ASSEMBLY JUNE 13, 2018
SIMILARLY, IN THE FEMALE VETERANS ORGANIZATIONS I BELONG TO, WE HAVE
HATS THAT SAY, WE ARE VETERANS AND STATE OUR BRANCH OF SERVICE. WE'VE
ALMOST NEVER GOTTEN A THANK YOU FOR YOUR SERVICE. WE GET WALKED
PAST. EVEN WHEN I'VE OUTRIGHT TOLD PEOPLE I WAS IN THE SERVICE, I DON'T
GET A THANK YOU. I WAS IN A RESTAURANT RECENTLY WHERE AN ACTIVE DUTY
SERVICE WOMAN WAS SITTING IN HER BATTLE-DRESS UNIFORM. IN THE NEXT
BOOTH WAS A VIETNAM WAR VETERAN IN A VIETNAM VET BASEBALL CAP. A
MAN WALKED RIGHT PAST THE ACTIVE DUTY SERVICE WOMAN AND WENT TO THE
NEXT BOOTH TO THANK THE VETERAN FOR HIS SERVICE. YES, THE VIETNAM
VETERAN SHOULD HAVE BEEN RECOGNIZED FOR HIS SERVICE. VIETNAM VETS
HAVE BEEN DISGRADED (SIC) FOR TOO MANY YEARS FOR FIGHTING A WAR NO ONE
WANTED. BUT REALLY? HE COULDN'T SEE THE WOMAN SETTING THERE IN HER
UNIFORM? SHE STILL IS SERVING HER COUNTRY AND DESERVES TO BE
RECOGNIZED FOR IT. FEMALE VETERANS MAKE UP 9 PERCENT OF VETERANS
TODAY, AND IT WILL GROW TO 17 PERCENT BY THE YEAR 2043. MANY OF THESE
WOMEN PUT THEIR LIVES ON THE LINE EVERY DAY, TOO. FEMALE VETERANS WHO
HAVEN'T BEEN DEPLOYED HAVE SERVED IN CRITICAL AREAS OF OUR MILITARY,
ALLOWING FOR MEN TO BE ABLE TO FIGHT ON THE FRONT LINES."
I THINK THIS SUMS UP WHY WE NEED TO URGE OUR
CONGRESSIONAL DELEGATION TO PASS THE LEGISLATION. TOO LONG, THE FEMALE
VETERANS HAVE NOT BEEN RECOGNIZED. THEY FIGHT SHOULDER TO SHOULDER,
THEY PERFORM A SERVICE AND, THEY, JUST AS THE MEN IN THE MILITARY, RISK
THEIR LIVES AND ARE WILLING TO GIVE ALL TO PROTECT OUR FREEDOMS. I URGE
OUR CONGRESSIONAL DELEGATION TO PASS THE LEGISLATION. I THANK OUR
FEMALE VETERANS WHO ARE HERE. I AM A COMBAT VETERAN FROM VIETNAM
16
NYS ASSEMBLY JUNE 13, 2018
MYSELF, SO I UNDERSTAND THE NEED FOR PEER-TO-PEER COUNSELING.
THANK YOU VERY MUCH. GOD BLESS OUR VETERANS AND
GOD BLESS OUR COUNTRY.
ACTING SPEAKER AUBRY: MR. ORTIZ ON THE
RESOLUTION.
MR. ORTIZ: THANK YOU -- THANK YOU, MR. SPEAKER.
I ALSO WOULD LIKE TO JOIN MY COLLEAGUES AND -- AND TO ENSURE THAT THIS
PIECE OF LEGISLATION SITTING IN CONGRESS WILL BECOME TO BE A REALITY. I
ALSO WOULD LIKE TO THANK ALL THE VETERANS WOMANS (SIC) WHO SERVE OUR
COUNTRY WHO HAVE BEEN FORGOTTEN, BUT WE ARE NOT FORGETTING YOU. WE
WANT TO MAKE SURE THAT YOU GET RECOGNIZED.
AS A VETERAN MYSELF AND ALSO HAVING SO MANY PEOPLE
IN MY FAMILY SERVING FROM WORLD WAR I UNTIL TODAY IN THE U.S. ARMY
AND OTHER ARMED FORCES, I WOULD LIKE TO JOIN MY VOICE BECAUSE I DO
HAVE A FEMALE COUSIN WHO SERVED IN IRAN AND AFGHANISTAN AS A WARRANT
OFFICER 4, AND SHE WAS A PILOT. AND AS A RESULT OF THAT, SHE GOT HURT ON
THE SERVICES. AND THEN WHEN SHE GOT TO BE A -- SOMETIMES THEY LOOK AT
HER AS A DIFFERENT SOLDIER RATHER THAN LOOK AT AS A GREEN SOLDIER. THAT'S
WHAT WE ARE, WE ARE ALL GREEN WHEN WE ARE IN THE SERVICES.
SO, THEREFORE, I DO ENCOURAGE THE CONGRESS TO PASS
THIS LEGISLATION AND TO MOVE FORWARD AND EXPEDITE IT TO CONTINUE TO
SERVE OUR PEOPLE WHO SERVED THIS COUNTRY WHO DESERVE THE BEST.
THANK YOU, MR. SPEAKER. THEREFORE, I'M VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: CERTAINLY.
MRS. -- MRS. ARROYO.
17
NYS ASSEMBLY JUNE 13, 2018
MRS. ARROYO: THANK YOU, MR. SPEAKER. I THINK
THAT IT'S IMPORTANT THAT WE GATHER TOGETHER. I HAVE A GRANDDAUGHTER THAT
CAME OUT FROM THE MARINES THAT NOW IS IN MEDICAL SUPPORT ALL THE TIME.
SHE SERVED THIS COUNTRY. SHE'S A YOUNG WOMAN, SHE HAS SMALL
CHILDREN, AND SHE IS VERY GRACIOUS HELPING OTHER VETERANS THAT HAVE
NEEDS. IT'S IMPORTANT THAT WE UNDERSTAND WHAT WE ARE DOING AS
AMERICAN CITIZENS. EVEN THOUGH WE ARE NOT -- WE ARE NOT TREATED HERE
IN THIS NATION WITH THE DECENCY -- THE DECENCY THAT THEY SHOULD TREAT
MINORITIES. BUT WHEN YOU GO AROUND, WHO ARE THE ONES THAT ARE
AFFECTED? THE MINORITIES. MY GRANDDAUGHTER IS ALMOST A HANDICAPPED
PERSON TODAY, THANKS FOR THE YEARS THAT SHE SERVE IN THE --IN THE
MARINES. BUT MY HEART GO TO ALL THE VETERANS, AND SPECIFICALLY THE
WOMEN. THE FATHER OF MY CHILDREN DIED WITH FRAGMENTS OF BULLETS
FROM THE VIETNAM WAR, AND HE CARRIED THEM IN HIS BODY BECAUSE THEY
WERE -- THEY DIDN'T HAVE THE TECHNOLOGY TO HELP THEM, AND BECAUSE HE
WAS JUST ANOTHER PUERTO RICAN BOY. HE PASSED WITH THE FRAGMENTS IN
HIS -- IN HIS BODY. AND THAT HAPPENED TO MANY OR MANY OF OUR
VETERANS. MY HEART GO TO ALL OF THEM. AND I THINK THAT WE HAVE GREAT
PEOPLE THAT SERVE WITH DIGNITY THIS NATION TO PEOPLE THAT DOESN'T
DESERVE TO BE SERVED.
THANK YOU VERY MUCH. I'M IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK WILL READ.
18
NYS ASSEMBLY JUNE 13, 2018
THE CLERK: ASSEMBLY RESOLUTION NO. 1265,
RULES AT THE REQUEST OF MS. HUNTER.
LEGISLATIVE RESOLUTION URGING THE NEW YORK STATE
CONGRESSIONAL DELEGATION TO PASS THE DEBORAH SAMPSON ACT, S.681.
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. 1355, RULES
AT THE REQUEST OF MR. MONTESANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 13, 2018 AS THE TIME OUT DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1356, RULES
AT THE REQUEST OF MR. KIM.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM AUGUST 26, 2018 AS TAIWAN HERITAGE
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. KIM ON THE
RESOLUTION.
MR. KIM: THANK YOU, MR. SPEAKER. EVERY YEAR WE
PASS THIS RESOLUTION TO HONOR AND CONTINUE TO PROMOTE THE TAIWAN
RELATIONS ACT PASSED IN THE U.S. CONGRESS ON 1979, WHICH IS THE YEAR
19
NYS ASSEMBLY JUNE 13, 2018
THAT I WAS BORN, SO I'LL NEVER FORGET IT. AND NEXT YEAR WILL BE THE 40TH
ANNIVERSARY OF THIS ACT. AND THIS LANDMARK PIECE OF LEGISLATION PASSED
THE U.S. CONGRESS TO ADVANCE MUTUAL SECURITY AND COMMERCIAL
INTERESTS BETWEEN THE U.S. AND TAIWAN. OVER THE YEARS, NEW YORK
HAS BENEFITED TREMENDOUSLY FROM THE TAIWAN RELATIONS ACT. JUST IN
2017 ALONE, WE'VE EXPORTED $737 MILLION OF GOODS TO TAIWAN THROUGH
THIS ACT -- BECAUSE OF THIS ACT. WE'VE CREATED OVER 10,000 JOBS IN THE
STATE OF NEW YORK AS A RESULT OF THIS LEGISLATION. MORE THAN 500 NEW
YORK COMPANIES HAVE INVESTED IN TAIWAN. AND AS WE SEE TAIWAN'S
ECONOMY GROW, WE'RE NOW SEEING MORE TAIWANESE COMPANIES
INVESTING BACK INTO NEW YORK. BUT ALL THIS MUTUALLY BENEFICIAL GROWTH
COULD NOT HAVE HAPPENED WITHOUT THE PEOPLE-TO-PEOPLE DIPLOMACY ON
THE GROUND. SO, AGAIN, I WANT TO ACKNOWLEDGE THE AMBASSADOR WHO
HAS JOINED US AND -- AND THE COMMUNITY GROUPS WHO HAVE DONE SO
MUCH WORK TO FOSTER THE GROWTH THE -- THE BILATERAL RELATIONSHIPS
BETWEEN TAIWAN AND THE U.S. COUNTRIES.
I ALSO WANT TO ACKNOWLEDGE THE EFFORTS TO CREATE THE
DRIVER'S LICENSE RECIPROCITY PROGRAM BETWEEN THE TWO NATIONS. NOW,
25 STATES HAVE THIS PROGRAM IN PLACE, A RECIPROCITY PROGRAM, AND I HOPE
THAT IN THE NEAR FUTURE NEW YORK CAN BE THE 26TH.
THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION --
OH, MR. SKOUFIS ON THE RESOLUTION.
MR. SKOUFIS: THANK YOU, MR. SPEAKER. BRIEFLY, I
WANT TO JOIN MY COLLEAGUES IN OBSERVING AND CELEBRATING TAIWAN
20
NYS ASSEMBLY JUNE 13, 2018
HERITAGE DAY. I LOOK FORWARD THIS EACH YEAR THAT I'VE BEEN IN THE
ASSEMBLY, AND IN PARTICULAR SINCE I'VE HAD THE OPPORTUNITY TO VISIT
TAIWAN. YOU KNOW, IT'S -- IT'S SOMETHING THAT OUGHT TO BE CELEBRATED.
THEY HAVE A RICH CULTURE, A RICH TRADITION, A RICH HERITAGE, AND MOST
IMPORTANTLY, AS MY COLLEAGUE JUST NOTED, GOOD PEOPLE. GOOD PEOPLE
THAT -- THAT REALLY MAKE NEW YORK, IN PART, WHAT IT IS THROUGH THE JOBS
THAT ARE CREATED AND THROUGH THE CULTURE THAT THEY BRING TO OUR STATE
HERE. SO, I'M THRILLED THAT THE AMBASSADOR HAS JOINED US AND ALL THE
COMMUNITY GROUPS AS WELL, AND CONGRATULATIONS TO ALL THOSE WHO ARE
PARTICIPATING IN THIS DAY.
ACTING SPEAKER AUBRY: MS. JOYNER ON THE
RESOLUTION.
MS. JOYNER: THANK YOU, MR. SPEAKER. I ALSO HAD
THE PRIVILEGE OF VISITING TAIWAN LAST YEAR, AND IT WAS AN AMAZING
EXPERIENCE. IT WAS VERY ENCOURAGING TO SEE HOW MANY WOMEN LEADERS
ARE, YOU KNOW, IN -- IN POSITIONS OF GOVERNMENT, IN HIGH LEVELS OF
GOVERNMENT. AND A WONDERFUL EXPERIENCE, WONDERFUL PEOPLE. AND IT
WAS GOOD TO SEE THEIR APPROACHES TO GOVERNING, HEALTH CARE POLICY AND
ECONOMIC DEVELOPMENT, AND I'M THRILLED THAT THEY'RE WITH US, JOINING US
IN CHAMBERS THIS -- THIS MORNING. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY.
MR. RAIA ON THE RESOLUTION.
MR. RAIA: THANK YOU, MR. SPEAKER. I, TOO, WOULD
LIKE TO -- TO BRIEFLY JOIN IN AND -- AND RECOGNIZE THIS GREAT DAY
CELEBRATING THE -- THE PEOPLE OF TAIWAN AND WELCOMING THE
21
NYS ASSEMBLY JUNE 13, 2018
AMBASSADOR. I, TOO, HAD THE PRIVILEGE OF GOING TO TAIWAN TWO YEARS
AGO WITH MR. KIM, MR. SKOUFIS AND -- AND A FEW OTHERS. AND -- AND IT
WAS A VERY ENLIGHTENING TRIP, TO LEARN ABOUT A DIFFERENT CULTURE. THE
NICE -- JUST THE PEOPLE ARE JUST WONDERFUL. THE CULTURE IS AMAZING.
AND I'M GLAD THEY'RE A PART OF THE FABRIC OF NEW YORK. AND SO TODAY
WE CELEBRATE THEM, AND I HOPE EVERYBODY EVENTUALLY GETS A CHANCE TO
-- TO SEE TAIWAN, BECAUSE IT IS AN AMAZING, AMAZING PLACE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. RAMOS.
MR. RAMOS: MR. SPEAKER, I, TOO, STAND IN SUPPORT
IN COMMEMORATING THIS DAY, TAIWAN HERITAGE DAY. TAIWAN IS A
COUNTRY THAT I HAVE ALSO VISITED, AND FOUND A COUNTRY OF LOVERS OF
FREEDOM WHO HAVE HISTORY VERY MUCH LIKE OUR COUNTRY HERE, WHERE
PEOPLE STOOD UP, WOULD NOT HAVE COMMUNISM IN THEIR COUNTRY AND SAID
THAT NO GOVERNMENT CAN INTERFERE WITH THEIR PURSUIT OF HAPPINESS.
THERE ARE SO MANY PARALLELS BETWEEN OUR CULTURE AND OUR STRUGGLE TO
CREATE A -- A -- A COUNTRY IN WHICH THAT PURSUIT OF HAPPINESS HAPPENS IS
-- IS -- HAS SO MUCH IN COMMON. THE DRIVER'S LICENSE ISSUE, THE
RECIPROCITY, IS SOMETHING I ALSO SUPPORT. SOMETHING WE SHOULD ALL
SUPPORT. A THRIVING DEMOCRACY IN THAT AREA, FACED WITH COMMUNISM
ALL AROUND THEM, FACED WITH FORCES TRYING TO STRANGLE A COUNTRY AND CUT
THEM OFF. IT SHOULD BE A NO-BRAINER FOR US IN THIS HOUSE HERE TO SUPPORT
THESE RESOLUTIONS AND THAT RECIPROCITY TO RECOGNIZE THEIR DRIVER'S LICENSE
AND ANYTHING ELSE THAT INCREASES THE TIES BETWEEN OUR TWO GREAT
22
NYS ASSEMBLY JUNE 13, 2018
DEMOCRACIES.
SO, I URGE EVERYBODY TO SUPPORT AS WELL, AND I
CONGRATULATE THE TAIWANESE-AMERICAN COMMUNITY.
ACTING SPEAKER AUBRY: MR. WEPRIN ON THE
RESOLUTION.
MR. WEPRIN: YES. I, TOO, WANT TO SUPPORT THE
RESOLUTION AND WELCOME OUR FRIENDS FROM TAIWAN. WHEN I WAS IN THE
CITY COUNCIL, I CO-LED A DELEGATION TO TAIWAN ON THE -- AND DURING THAT
PERIOD, IT WAS THE OPENING OF TAIPEI 101, WHICH IS ONE OF THE TALLEST
BUILDINGS IN THE WORLD, 101 FLOORS. CERTAINLY, AT THAT TIME IT WAS THE
TALLEST BUILDING. BUT IT'S CERTAINLY ONE OF THE TOP -- ONE OF THE TALLEST
BUILDINGS IN THE WORLD. AND I WAS SO SURPRISED BY HOW MUCH
ECONOMIC DEVELOPMENT WAS TAKING PLACE BACK THEN, IN THE EARLY 2000S,
AND CERTAINLY NOW HAS EXPANDED. AND WHEN I WAS IN THE COUNCIL, WE
LEARNED SO MUCH AS FAR AS TRANSPORTATION ISSUES, AS FAR AS CONSTRUCTION
ISSUES, FROM THE GOVERNMENT OF TAIWAN.
SO, I WANT TO WELCOME THE AMBASSADOR AND THE ENTIRE
DELEGATION AS WELL. THANK YOU.
ACTING SPEAKER AUBRY: MR. FITZPATRICK ON
THE RESOLUTION.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I,
TOO, RISE TO WELCOME AMBASSADOR HSU AND RONNIE AND JENNY AND ALL
OF OUR FRIENDS FROM TAIWAN WHO ARE JOINING US TODAY. AND I JUST WANT
TO SAY THAT WHILE I HAVE NOT HAD THE PLEASURE OF VISITING ASIA OR -- OR
TAIWAN IN PARTICULAR, THEY STAND AS A DEMOCRACY, AS FREE PEOPLE. AND
23
NYS ASSEMBLY JUNE 13, 2018
IF YOU WANT TO KNOW WHY TAIWAN HAS SUCCEEDED AS WELL AS IT HAS, IT IS
BECAUSE ITS PEOPLE ARE FREE TO PURSUE HAPPINESS, TO PURSUE THEIR GOALS
IN -- UNDER A DEMOCRACY. AND WE ARE THERE TO SUPPORT THEM AND OUR
NATION STANDS WITH TAIWAN, AND WE WANT TO WISH YOU THE VERY BEST.
AND THANK YOU VERY MUCH FOR VISITING WITH US, AMBASSADOR. THANK
YOU.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE.
MS. JEAN-PIERRE: MR. SPEAKER, I, TOO, RISE TO
WELCOME THE TAIWANESE TO THE CHAMBERS AND TO THE HOUSE OF THE
PEOPLE. I DO -- I DID HAVE THE PLEASURE TO VISIT TAIWAN THIS PAST FALL. A
VERY PROGRESSIVE COUNTRY, AND I WAS INTRIGUED TO HEAR ABOUT THEIR
HEALTH CARE FOR ALL. AND I DO HOPE THAT'S SOMETHING THAT WE CAN FOLLOW
IN THIS -- IN NEW YORK STATE. THEY TAKE CARE OF THE PEOPLE, THE RICH
TAKES CARE OF THE POOR, AND THAT'S THE WAY IT SHOULD BE. SO, I WANT TO
WELCOME THEM AND THANK THEM.
ACTING SPEAKER AUBRY: MR. GOTTFRIED.
MR. GOTTFRIED: WELL, THANK YOU, MR. SPEAKER. I
-- YOU KNOW, THERE'S NOT A LOT TO ADD. I WAS GOING TO MAKE JUST TWO
POINTS. NUMBER ONE, ONE OF THE THINGS I LIKE ABOUT TAIWAN IS THAT ONE
OF ITS DAUGHTERS MARRIED MY SON, AND IS THE MOTHER OF MY
GRANDDAUGHTER. THE OTHER, AS MS. JEAN-PIERRE NOTED, OVER 20 YEARS AGO
WHEN, INTERESTINGLY, THE K.M.T., THEIR CENTER-RIGHT PARTY -- WELL, THEIR
RIGHT PARTY AT THE TIME -- ENACTED THE SINGLE-PAYER SYSTEM THAT TAIWAN
ENJOYS TO THIS DAY. AGAIN, IT WAS THEIR RIGHT-WING PARTY, NOT THEIR
24
NYS ASSEMBLY JUNE 13, 2018
CENTRAL-LEFT PARTY THAT ENACTED THEIR SINGLE-PAYER SYSTEM. SO, IT'S ONE OF
THE -- ONE OF THE GREAT THINGS ABOUT TAIWAN. ALMOST AS GREAT AS THE
NATIONAL PALACE MUSEUM.
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. 1357, RULES
AT THE REQUEST OF MS. MALLIOTAKIS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 9, 2018 AS PANDAS/PANS
(PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC DISORDERS) AWARENESS DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1358, RULES
AT THE REQUEST OF MR. MURRAY.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 7-13, 2018 AS CRIME STOP --
CRIME STOPPERS 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. 1359, RULES
25
NYS ASSEMBLY JUNE 13, 2018
AT THE REQUEST OF MS. ROZIC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 11, 2018 AS QUEENS COLLEGE
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1360, RULES
AT THE REQUEST OF MR. BENEDETTO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 14-30, 2018 AS MALE BREAST
CANCER 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. 1361, RULES
AT THE REQUEST OF MS. JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM NOVEMBER 4-10, 2018 AS VETERAN'S
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.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
26
NYS ASSEMBLY JUNE 13, 2018
LIKE TO BEGIN CONSENTING BILLS, BEGINNING WITH RULES REPORT NO. 113 BY
MR. BUCHWALD, WHICH CAN BE FOUND ON PAGE 10 OF THE MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09921-A, RULES
REPORT NO. 113, BUCHWALD, ORTIZ, SANTABARBARA, D'URSO, ZEBROWSKI,
NIOU, VANEL, JEAN-PIERRE, GALEF, SEAWRIGHT, BLAKE, SIMON, GUNTHER,
RIVERA, LAWRENCE, CAHILL, DAVILA, CARROLL, PELLEGRINO. AN ACT TO
AMEND THE ELECTION LAW, IN RELATION TO TESTIMONY RELATED TO VOTER'S
SIGNATURE ON A PETITION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT DECEMBER
15TH.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES
AND GENTLEMEN, THIS IS THE FIRST OF WHAT I EXPECT WILL BE MANY VOTES
TODAY, SO PLEASE CAST YOUR VOTE. AND TO THOSE MEMBERS WHO ARE STILL
MAKING DECISIONS ABOUT WHEN THEY WILL ARRIVE, I SUGGEST THEY MAKE
THAT DECISION SOONER RATHER THAN LATER SO THEY CAN PARTICIPATE IN OUR FIRST
VOTE OF THE DAY.
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,
MR. MORELLE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
27
NYS ASSEMBLY JUNE 13, 2018
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09966-A, RULES
REPORT NO. 114, MAGNARELLI, D'URSO, RIVERA, COOK, LUPARDO, BOHEN.
AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO A PROVISIONAL
PERMIT FOR CLINICAL LABORATORY TECHNOLOGY; AND TO REPEAL SUBDIVISION 2
OF SECTION 8610 OF THE EDUCATION LAW RELATING TO A LIMITED LICENSE FOR
CLINICAL LABORATORY TECHNOLOGY.
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. A09987, RULES REPORT
NO. 115, RYAN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO THE
DEFINITION OF QUALIFIED HISTORIC HOME FOR THE PURPOSES OF THE HISTORIC
HOMEOWNERSHIP REHABILITATION CREDIT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
28
NYS ASSEMBLY JUNE 13, 2018
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09999-A, RULES
REPORT NO. 116, PAULIN, DINOWITZ, SEAWRIGHT, BUCHWALD. AN ACT TO
AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO AUTHORIZING THE
AUTHORITIES BUDGET OFFICE TO SUSPEND LOCAL AUTHORITY BOARD MEMBERS
AND EXECUTIVE STAFF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10221-A, RULES
REPORT NO. 117, GOTTFRIED, D'URSO, GALEF. AN ACT TO AMEND CHAPTER
426 OF THE LAWS OF 1983, AMENDING THE PUBLIC HEALTH LAW RELATING TO
PROFESSIONAL MISCONDUCT PROCEEDINGS, IN RELATION TO THE EFFECTIVENESS
OF CERTAIN PROVISIONS THEREOF; TO AMEND CHAPTER 582 OF THE LAWS OF
1984, AMENDING THE PUBLIC HEALTH LAW RELATING TO REGULATING ACTIVITIES
OF PHYSICIANS, IN RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS
THEREOF; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXTENDING THE
29
NYS ASSEMBLY JUNE 13, 2018
DEMONSTRATION PERIOD IN CERTAIN PHYSICIAN COMMITTEES; TO AMEND
CHAPTER 57 OF THE LAWS OF 2015, AMENDING THE SOCIAL SERVICES LAW
AND OTHER LAWS RELATING TO ENERGY AUDITS AND/OR DISASTER PREPAREDNESS
REVIEWS OF RESIDENTIAL HEALTHCARE FACILITIES BY THE COMMISSIONER, IN
RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND
CHAPTER 81 OF THE LAWS OF 1995, AMENDING THE PUBLIC HEALTH LAW AND
OTHER LAWS RELATING TO MEDICAL REIMBURSEMENT AND WELFARE REFORM, IN
RELATION TO EXTENDING THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF;
AND TO AMEND CHAPTER 60 OF THE LAWS OF 2014, AMENDING THE SOCIAL
SERVICES LAW RELATING TO ELIMINATING PRESCRIBER PREVAILS FOR BRAND-
NAME DRUGS WITH GENERIC EQUIVALENTS, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, 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. A10327-A, RULES
REPORT NO. 118, GUNTHER, JONES, BRINDISI, D'URSO HUNTER, STECK, RAIA,
30
NYS ASSEMBLY JUNE 13, 2018
NORRIS, JEAN-PIERRE, GIGLIO, B. MILLER. AN ACT TO AMEND THE TOWN
LAW, IN RELATION TO AUTHORIZING FIRE DISTRICTS TO EXPEND FROM REVENUES
AMOUNTS APPROPRIATED FOR COST OF INSURANCE TO PROVIDE FIREFIGHTERS WITH
AN ENHANCED CANCER DISABILITY BENEFIT INSURANCE PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2019.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10384-A, RULES
REPORT NO. 119, WOERNER, D'URSO, LUPARDO, MAGEE, GLICK, DIPIETRO,
CAHILL, STIRPE. AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW AND
THE REAL PROPERTY TAX LAW, IN RELATION TO PERMITTING AGRICULTURAL
ASSESSMENT APPLICATIONS TO BE SUBMITTED ELECTRONICALLY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
31
NYS ASSEMBLY JUNE 13, 2018
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10414, RULES REPORT
NO. 120, OTIS, MCDONALD, COLTON, GLICK, PELLEGRINO, LAVINE, WRIGHT,
D'URSO, GOTTFRIED, CRESPO. AN ACT TO AMEND THE REAL PROPERTY LAW, IN
RELATION TO PROHIBITING LEASES FROM INCLUDING A WAIVER OF THE RIGHT TO A
DECLARATORY JUDGMENT ACTION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10415, RULES REPORT
NO. 121, ABBATE, PALUMBO, WEPRIN. AN ACT TO AMEND THE RETIREMENT
AND SOCIAL SECURITY LAW, IN RELATION TO ACCIDENTAL DISABILITY RETIREMENT
FOR DEPUTY SHERIFFS.
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.)
32
NYS ASSEMBLY JUNE 13, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10486-A, RULES
REPORT NO. 122 HAS BEEN AMENDED.
ASSEMBLY NO. A10608, RULES REPORT NO. 123,
ENGLEBRIGHT, D'URSO, PELLEGRINO, THIELE, STERN, JEAN-PIERRE, LAVINE,
RAMOS, GLICK, CYMBROWITZ, COLTON, LIFTON, ABINANTI, FAHY, SIMON,
SANTABARBARA, ZEBROWSKI, SKOUFIS, JAFFEE, RYAN, O'DONNELL, TITONE,
WOERNER, CARROLL, RAIA, MURRAY, WEPRIN, OTIS. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, THE TRANSPORTATION CORPORATIONS
LAW, AND THE NAVIGATION LAW, IN RELATION TO INFRASTRUCTURE AND VESSELS
ASSOCIATED WITH THE PRODUCTION OF OIL OR NATURAL GAS IN FEDERAL WATERS.
(PAUSE)
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10629, RULES REPORT
NO. 124, ZEBROWSKI, PELLEGRINO. AN ACT TO AMEND THE FINANCIAL
SERVICES LAW, IN RELATION TO STUDENT DEBT CONSULTANTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
33
NYS ASSEMBLY JUNE 13, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10634, RULES REPORT
NO. 125, STECK. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
EXTENDING AUTHORIZATION FOR CERTAIN EXEMPTIONS FROM FILING
REQUIREMENTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STECK, 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. A10735, RULES REPORT
NO. 126, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION
TO CREDIT FOR UNUSED SICK LEAVE FOR EMPLOYEES OF COMMUNITY COLLEGES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10774, RULES REPORT
NO. 128, LUPARDO, JAFFEE. AN ACT CREATING THE RADON TASK FORCE; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
34
NYS ASSEMBLY JUNE 13, 2018
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10834, RULES REPORT
NO. 129, BARRETT, OTIS, BUCHWALD. AN ACT TO AMEND CHAPTER 498 OF THE
LAWS OF 2011 AMENDING THE EDUCATION LAW RELATING TO THE PUBLIC
LIBRARY CONSTRUCTION GRANT PROGRAM, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER, FOR
ALLOWING AN INTERRUPTION SO I CAN MAKE A COUPLE OF DIFFERENT
INTRODUCTIONS. FIRST OF ALL, WE ARE DELIGHTED, AS ALWAYS, TO HAVE
MEMBERS OF OUR EXTENDED FAMILY HERE OBSERVING THE PROCEEDINGS, AND
TODAY IS NO EXCEPTION. WE HAVE MR. D'URSO'S DAUGHTER, ROSANNA
35
NYS ASSEMBLY JUNE 13, 2018
SANDERS IS IN THE CHAMBER. SHE'S JOINED BY HER SON, MR. D'URSO'S
GRANDSON, MATTEO SANDERS; AND A FRIEND AND A FELLOW PARENT OF A GROUP
OF STUDENTS WHO CAME FROM THE ARLINGTON SCHOOL DISTRICT IN DUTCHESS
COUNTY -- I THINK MR. LALOR'S DISTRICT. THEY WERE HERE EARLIER, ABOUT 78
YOUNG STUDENTS. BUT WE HAVE THESE PARENTS: MS. -- MRS. JACQUELINE
VACCARO, AND AS I INDICATED, ROSANNA SANDERS, WHO IS OUR FRIEND
ANTHONY'S DAUGHTER, AND HIS GRANDSON, MATTEO.
WE'RE DELIGHTED THEY WERE ABLE TO JOIN US AND OBSERVE
THE PROCEEDINGS, AND WE OBVIOUSLY WANT TO WELCOME THEM AND EXTEND
TO THEM ALL THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF THE SPEAKER, ALL THE MEMBERS, YOUR -- YOUR FATHER, YOUR GRANDFATHER,
ALL THE MEMBERS, WE WELCOME YOU HERE AS FAMILY TO THE NEW YORK
STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE ALSO
WELCOME THOSE WHO HAVE TRAVELED WITH YOU, THAT FAMILY ALSO WHO ARE
HERE YOU TODAY. WE HOPE THAT YOU WILL ENJOY OUR PROCEEDINGS. WE
KNOW YOU HAVE MADE YOUR FATHER AND YOUR GRANDFATHER VERY HAPPY BY
VISITING HIM. WE OFTEN KNOW THAT IT'S A PRETTY LONELY TIME UP HERE IN
ALBANY WHEN WE DON'T HAVE OUR FAMILY. SO, YOU HAVE BRIGHTENED HIS
DAY, AND AS SUCH, YOU HAVE BRIGHTENED OUR DAY. THANK YOU SO VERY
MUCH.
(APPLAUSE)
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. LET ME ALSO
INTERRUPT TO INTRODUCE SOME DISTINGUISHED GUESTS OF MS. SEAWRIGHT'S.
36
NYS ASSEMBLY JUNE 13, 2018
WE HAVE STUDENTS AND ADVISOR FROM THE JAMES JAY DUDLEY LUCE
FOUNDATION, WHICH WAS INSPIRED BY DR. STANFORD LEONARD LUCE AND
ESTABLISHED BY HIS SON, JIM LUCE, IN 2009 WITH THE MISSION OF
SUPPORTING YOUNG GLOBAL LEADERSHIP, AND EMPOWERS YOUNG GLOBAL
LEADERS WISHING A BETTER HUMANITY TO THINK, WRITE, SPEAK, ORGANIZE AND
UTILIZE SOCIAL MEDIA MORE EFFECTIVELY. AND SOME OF THE ADVISORS WHO
ARE HERE AS PART OF THE GROUP THAT'S JOINED US IS JIM LUCE, PRESIDENT OF
THE J. LUCE FOUNDATION AND ORPHANS INTERNATIONAL. WE'RE ALSO JOINED
BY PASATHORN BIX SAIBOR LUCE, EXECUTIVE DIRECTOR OF THE ORPHANS
INTERNATIONAL FROM THAILAND; CHLOE HOANG, EXECUTIVE DIRECTOR OF THE
J. LUCE FOUNDATION IN VIETNAM. AND JOINING US ARE STUDENTS,
INTERNATIONAL STUDENTS, MATHEW JAMES TENDEAN-LUCE, U.S./ INDONESIA;
VALENTINE CAMANO FROM U.S./MEXICO; ISAAC BAYOH FROM SIERRA LEONE;
AND LINA ESCOBAR, U.S. AND COLOMBIA. SO WE ARE DELIGHTED TO HAVE
THESE ADVISORS AND THESE STUDENTS. WE HOPE THEY HAVE A FRUITFUL VISIT
AND, OBVIOUSLY, ARE DELIGHTED THAT THEY'RE HERE TO OBSERVE THE
PROCEEDINGS. AND I KNOW MS. SEAWRIGHT WAS ANXIOUS TO HAVE THEM
INTRODUCED TO THE HOUSE AND WANTED TO EXTEND ALL THE PRIVILEGES OF THE
FLOOR TO THIS OUTSTANDING GROUP.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. SEAWRIGHT, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DISTINGUISHED GROUP HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU WILL ENJOY YOUR TRIP
HERE AND ENJOY WATCHING OUR PROCEEDINGS. YOU ARE ALWAYS WELCOME.
THANK YOU, AND CONTINUE THE GREAT WORK THAT YOU'RE DOING. THANK YOU
37
NYS ASSEMBLY JUNE 13, 2018
SO VERY MUCH.
(APPLAUSE)
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, MR. SPEAKER.
LADIES AND GENTLEMEN, THOSE OF YOU WHO ARE MEMBERS OF THE RULES
COMMITTEE, PLEASE JOIN THE SPEAKER IN THE SPEAKER'S CONFERENCE
ROOM. RULES IN THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: RULES COMMITTEE,
SPEAKER'S CONFERENCE ROOM. PLEASE GO IMMEDIATELY.
ACTING SPEAKER D. ROSENTHAL: THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A10835, RULES REPORT
NO. 130, BARRETT. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
COORDINATED PROJECT APPLICATIONS.
ACTING SPEAKER D. ROSENTHAL: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER D. ROSENTHAL: 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 --
ACTING SPEAKER D. ROSENTHAL: MR. -- MR.
38
NYS ASSEMBLY JUNE 13, 2018
MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE
TO GO TO THE DEBATE LIST, AND I'D LIKE TO TAKE UP RULES REPORT NO. 142 BY
MS. SIMON, WHICH CAN BE FOUND ON PAGE 16 OF THE MAIN CALENDAR.
ACTING SPEAKER D. ROSENTHAL: THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A11148, RULES REPORT
NO. 142, COMMITTEE ON RULES (SIMON, BUCHWALD, STERN). AN ACT TO
AMEND THE CIVIL PRACTICE LAW AND RULES AND THE PENAL LAW, IN
RELATION TO ESTABLISHING EXTREME RISK PROTECTION ORDERS AS
COURT-ISSUED ORDERS OF PROTECTION PROHIBITING A PERSON FROM
PURCHASING, POSSESSING OR ATTEMPTING TO PURCHASE OR POSSESS A FIREARM,
RIFLE OR SHOTGUN.
ACTING SPEAKER D. ROSENTHAL: AN
EXPLANATION HAS BEEN REQUESTED, MS. SIMON.
MS. SIMON: YES. YOU WOULD LIKE THAT EXPLANATION
NOW, I GUESS, RIGHT? OKAY.
ACTING SPEAKER D. ROSENTHAL: CAN WE
HAVE SOME QUIET IN THE CHAMBER, PLEASE?
MS. SIMON: THANK YOU. FAMILY HOUSEHOLD
MEMBERS AND SCHOOL PERSONNEL ARE VERY OFTEN THE FIRST TO KNOW WHEN
SOMEONE IS EXPERIENCING A CRISIS OR EXHIBITING DANGEROUS BEHAVIOR.
MANY EVEN REPORT THEIR FEARS TO LAW ENFORCEMENT. BUT IN NEW YORK,
AS IN MANY OTHER STATES, LAW ENFORCEMENT OFFICERS MAY NOT HAVE HAD
THE AUTHORITY TO INTERVENE BASED ON THE EVIDENCE THAT THEY'VE BEEN
39
NYS ASSEMBLY JUNE 13, 2018
PROVIDED; INTERVENTIONS THAT COULD HELP TRAGEDIES FROM OCCURRING,
INCLUDING INTERPERSONAL GUN VIOLENCE AND GUN SUICIDES. IN 2014,
CALIFORNIA BECAME THE FIRST STATE TO ENACT A LAW EMPOWERING FAMILY
MEMBERS AND LAW ENFORCEMENT TO PETITION A COURT TO HAVE INDIVIDUALS'
ACCESS TO GUNS TEMPORARILY SUSPENDED WHEN THEY ARE AT RISK OF HARMING
THEMSELVES OR OTHERS. IN 2016, WASHINGTON STATE ENACTED A SIMILAR
MEASURE THROUGH A BALLOT INITIATIVE. LAWS PROVIDING FOR A PROCEDURE
FOR THE REMOVAL OF FIREARMS FROM AT-RISK INDIVIDUALS HAVE EXISTED FOR
MANY YEARS IN INDIANA. AND STUDIES HAVE SHOWN THAT A SIMILAR
PROVISION IN CONNECTICUT HAS RESULTED IN A MEASURABLE REDUCTION OF
SUICIDE RATES. IN MARCH, THIS BODY TOOK A VERY IMPORTANT STEP IN
PROTECTING NEW YORKERS WHEN IT PASSED A SIMILAR MEASURE THREE WEEKS
AFTER THE TRAGEDY AT PARKLAND, FLORIDA, WHERE AN EXTREME RISK
PROTECTION ORDER COULD HAVE PREVENTED MASS MURDER. FLORIDA NOW HAS
AN EXTREME RISK PROTECTION ORDER. SINCE THE PASSAGE OF OUR BILL IN
MARCH, THE NATION HAS SUFFERED FROM EVEN MORE MASS SCHOOL SHOOTINGS,
WHICH HAVE FURTHER SHOCKED OUR CONSCIOUS, INCLUDING THE ONE AT SANTA
FE, TEXAS, WHERE TEN PEOPLE WERE KILLED. AND AGAIN, THE SHOOTER IN
THAT CASE WAS SOMEONE WHO COULD HAVE QUALIFIED FOR AN EXTREME RISK
PROTECTION ORDER. SINCE PARKLAND, 29 SCHOOL SHOOTINGS AND -- HAVE
OCCURRED, AND AT LEAST 46 INCIDENTS OF GUNFIRE IN SCHOOLS IN 2018. ON
TWITTER, WE HAVE ALL BECOME FAMILIAR WITH THE KINDERGARTEN SCHOOL
CHART, WITH THE WORDS, "LOCKDOWN, LOCKDOWN, LOCK THE DOOR," TO THE
TUNE OF "TWINKLE, TWINKLE LITTLE STAR." NO ONE'S CHILD SHOULD HAVE TO
HAVE A LOCKDOWN DITTY ON THEIR WALL TO PROTECT THEM FROM GUN VIOLENCE
40
NYS ASSEMBLY JUNE 13, 2018
IN THEIR SCHOOLS. THIS BILL WOULD EXPAND ON THE BILL WE PASSED IN
MARCH TO PERMIT -- NOT TO MANDATE, BUT TO PERMIT -- SCHOOL PERSONNEL TO
SEEK AN ORDER, A TEMPORARY EXTREME RISK PROTECTION ORDER WHEN THEY
ARE AWARE OF STUDENTS OR OTHERS IN THE SCHOOL ENVIRONMENT THAT ARE A
DANGER TO THEMSELVES OR OTHERS.
WHILE WE GRIEVE FOR THOSE WHO HAVE SUFFERED, OUR
GRIEF IS NOT ENOUGH. I'M CERTAIN THAT THIS BODY UNDERSTANDS THE NEED
FOR ACTION, AND I AM VERY INTERESTED IN ENGAGING IN DEBATE. THANK YOU.
ACTING SPEAKER D. ROSENTHAL: MR.
GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER D. ROSENTHAL: WOULD THE
SPONSOR YIELD?
MS. SIMON: YES. YES, SIR.
MR. GOODELL: THANK YOU, MS. SIMON. OF COURSE,
NEW YORK STATE HAS ALREADY A NUMBER OF BILLS IN PLACE, A NUMBER OF
STATUTORY PROVISIONS IN PLACE. SEVERAL YEARS AGO AS PART OF THE SAFE
ACT, WE AMENDED THE MENTAL HYGIENE LAW. AND UNDER THOSE
PROVISIONS, IF A MENTAL HEALTH PROFESSIONAL BELIEVES A PERSON IS AT RISK,
THEY CAN NOTIFY THE STATE -- OR FIRST THE COUNTY MENTAL HEALTH
DEPARTMENT. IF THEY AGREE, THEN WE NOTIFY THE STATE, AND AT THAT POINT A
PERSON'S RIGHT TO OWN A GUN CAN BE STOPPED OR -- OR HELD. AND IT'S MY
UNDERSTANDING THERE HAVE BEEN, WHAT, 60-, 80,000 SITUATIONS UNDER THAT
LAW? DO YOU HAVE THE NUMBER?
41
NYS ASSEMBLY JUNE 13, 2018
MS. SIMON: I DON'T HAVE THAT NUMBER HANDY, BUT I
TAKE YOU AT YOUR WORD.
MR. GOODELL: WE ALSO HAVE, OF COURSE, THE OTHER
MENTAL HYGIENE PROVISION THAT IS ACTUALLY REFERENCED IN THIS LAW WHERE
IF A PERSON IS A DANGER TO HIMSELF OR OTHERS, THEY CAN BE REQUIRED TO
OBTAIN MENTAL HEALTH TREATMENT, CORRECT?
MS. SIMON: YES, THAT WOULD BE KENDRA'S LAW.
RIGHT?
MR. GOODELL: AND OF COURSE WE ALSO HAVE
PROVISIONS IN THE PENAL LAW THAT ALLOW OUR POLICE TO IMMEDIATELY
RESPOND AND INVESTIGATE TO ANY THREAT MADE AGAINST A SCHOOL OR OTHER
PUBLIC FACILITY. AND IN FACT, THAT'S BEEN USED PROBABLY 40 OR 50 TIMES
JUST SINCE PARKLAND, RIGHT?
MS. SIMON: I'M NOT FAMILIAR WITH THAT STATISTIC.
MR. GOODELL: BUT THOSE PROVISIONS ARE CERTAINLY
IN PLACE.
MS. SIMON: THOSE PROVISIONS ARE IN PLACE.
MR. GOODELL: AND SO AT THIS POINT, HAVE ANY OF
THE LAW ENFORCEMENT AGENCIES REQUESTED THIS, OR ARE THEY COMFORTABLE
WITH THE EXISTING PENAL LAW PROVISIONS? ARE YOU AWARE?
MS. SIMON: THE ONES THAT WE HAVE HEARD FROM ARE
ALL VERY MUCH SUPPORTIVE OF THIS PROVISION. DISTRICT ATTORNEYS ARE
OVERWHELMINGLY SUPPORTIVE OF THIS PROVISION, AND LAW ENFORCEMENT IS
-- IS SUPPORTIVE OF EXTREME RISK PROTECTION ORDER PROVISIONS OVERALL.
MR. GOODELL: NOW, OF COURSE, UNDER EXISTING
42
NYS ASSEMBLY JUNE 13, 2018
LAW, AS PERSON'S 2ND AMENDMENTS RIGHTS WON'T BE CURTAILED UNDER THE
MENTAL HYGIENE LAW WITHOUT A PROFESSIONAL EVALUATION BY AT LEAST ONE,
AND SOMETIMES MORE THAN ONE, TRAINED PSYCHIATRIST OR PSYCHOLOGIST,
RIGHT, WITH -- WITH MENTAL HEALTH EXPERTISE, CORRECT? I MEAN, THAT'S HOW
THE MENTAL HYGIENE LAW IS NOW.
MS. SIMON: THAT'S HOW THAT LAW WORKS.
MR. GOODELL: DOES THIS REQUIRE ANY TESTIMONY OR
EVALUATION OF ANY KIND BY A MENTAL HEALTH PROFESSIONAL?
MS. SIMON: THIS BILL WOULD CERTAINLY PERMIT THE
COURT WHO IS HEARING THE -- THE APPLICATION FOR EXTREME RISK PROTECTION
ORDER TO SEEK THAT KIND OF EXPERTISE. THE VAST MAJORITY OF PEOPLE WHO
ARE ACTING IN OBSERVABLE WAYS THAT THEY ARE AT RISK TO THEMSELVES OR
OTHERS ARE, IN FACT, NOT UNDER THE CARE OF MENTAL HEALTH PROFESSIONALS,
WHICH IS A PROBLEM.
MR. GOODELL: BUT THIS BILL --
MS. SIMON: BUT, IN FACT, WE CAN'T LIMIT THAT TO THAT.
SO, PEOPLE FIND OUT ABOUT THESE BEHAVIORS. STUDENTS AND OTHERS
DEMONSTRATE IN VERY OBSERVABLE WAYS THAT THEY ARE A DANGER TO
THEMSELVES OR OTHERS. AND THIS SIMPLY PERMITS CERTAIN INDIVIDUALS WHO
COME INTO CONTACT WITH THOSE PEOPLE, WHO HAVE SEEN THIS EVIDENCE, TO
APPLY FOR A COURT ORDER, FOR A TEMPORARY EXTREME RISK PROTECTION
ORDER, WHICH WOULD --
MR. GOODELL: I -- I UNDERSTAND THAT -- AND I THINK
I UNDERSTOOD YOUR ANSWER THAT A COURT MAY, BUT IS NOT REQUIRED TO, SEEK
EXPERT TESTIMONY FROM A MENTAL HEALTH PROFESSIONAL. IS THAT CORRECT?
43
NYS ASSEMBLY JUNE 13, 2018
MS. SIMON: I BELIEVE SO, YES.
MR. GOODELL: OKAY. AND YOU MENTIONED THE
PEOPLE WHO CAN FILE IT. THE FIRST ONE IS -- ARE -- ARE THOSE -- THE FIRST
CATEGORY ARE THOSE WHO ARE DEEMED UNDER THE SOCIAL SERVICES LAW AS
FAMILY MEMBERS, RIGHT?
MS. SIMON: YES. FAMILY AND HOUSEHOLD.
MR. GOODELL: AND THAT INCLUDES, BY STATUTE,
EX-SPOUSES, EX-WIFE, EX-HUSBAND. IT ALSO INCLUDES EX-BOYFRIEND AND
EX-GIRLFRIEND?
MS. SIMON: YES.
MR. GOODELL: AND THIS IS THEN ALSO EXPANDED TO
INCLUDE NOT ONLY EX-SPOUSES OR EX-BOYFRIEND AND GIRLFRIENDS, WHO, BY
THE WAY DON'T HAVE TO LIVE IN THE SAME HOUSEHOLD AT ALL, RIGHT? NO
LONGER LIVE IN THE SAME HOUSEHOLD. BUT IT THEN EXPANDS IT TO INCLUDE A
NUMBER OF SCHOOL OFFICIALS, INCLUDING PART-TIME SCHOOL OFFICIALS,
CORRECT?
MS. SIMON: THAT'S RIGHT.
MR. GOODELL: IT THEN SAYS THAT IF ANY OF THESE
PEOPLE HAVE A CONCERN -- AND I'M LOOKING ON PAGE TWO, LINE 12, THEY
MAY FILE --
MS. SIMON: MM HM.
MR. GOODELL: -- AN APPLICATION, A SWORN
APPLICATION.
MS. SIMON: YES.
MR. GOODELL: SO, THE USE OF THE WORD "MAY",
44
NYS ASSEMBLY JUNE 13, 2018
DOES THAT MEAN THAT THEY DON'T HAVE TO? I MEAN, WE DIDN'T SAY THEY
MUST FILE A SWORN APPLICATION, IT SAYS, THEY MAY FILE A SWORN
APPLICATION?
MS. SIMON: WELL, WHAT THEY MAY FILE IS AN
APPLICATION. THAT APPLICATION WOULD NORMALLY BE SWORN IF YOU'RE FILING
SUCH AN APPLICATION IN SUPREME COURT. THE MAY IS ABOUT THE FACT THAT
IT IS PERMISSIVE. YOU MAY SEEK A COURT ORDER, YOU ARE NOT MANDATED TO.
MR. GOODELL: OKAY.
MS. SIMON: SO, FOR EXAMPLE, WE ARE NOT PUTTING
ANY OBLIGATION TO REPORT ON TEACHERS OR OTHER SCHOOL PERSONNEL TO BRING
SUCH INDIVIDUALS TO THE COURT'S ATTENTION.
MR. GOODELL: DOES THIS --
MS. SIMON: BUT THEY MAY.
MR. GOODELL: IS THERE ANYTHING IN THIS BILL THAT
REQUIRES THAT THE APPLICATION BE SWORN TO? OR UNDER OATH, OR UNDER
AFFIRMATION?
MS. SIMON: THAT WOULD BE WHAT IT WOULD NORMALLY
BE IN THE CIVIL -- CPLR, THAT WOULD REQUIRE APPLICATIONS TO THE COURT TO
BE SWORN.
MR. GOODELL: BUT NOT IN HERE. THIS IS NOT
REQUIRED --
MS. SIMON: THIS BILL IS -- THE MAY IS ABOUT THE
PERMISSIVENESS OF SEEKING THE ORDER AND THE -- THE FACT THAT IT IS NOT
MANDATORY.
MR. GOODELL: ALL RIGHT. AND WHERE UNDER THE
45
NYS ASSEMBLY JUNE 13, 2018
CPLR DOES IT SAY THAT AN APPLICATION UNDER THIS LAW WOULD REQUIRE A
SWORN AFFIDAVIT OR A SWORN STATEMENT?
MS. SIMON: WELL, THIS IS NOT YET A LAW, SO THE
CPLR DOES NOT REFER TO IT. BUT IT DOES REFER TO WHAT KINDS OF
DOCUMENTS NEED TO BE SWORN WHEN YOU MAKE AN APPLICATION TO THE
COURT. AND THIS WOULD -- THAT WOULD APPLY TO THIS -- THIS BILL AS WELL AS
SO MANY OTHERS.
MR. GOODELL: NOW, I WANT TO TOUCH BASE WITH
YOU -- I'M STILL CONCERNED THAT THIS COULD BE READ TO SAY THAT THE
APPLICATION MIGHT OR MIGHT NOT BE SWORN TO BECAUSE THE LANGUAGE
ACTUALLY SAYS, "A PETITIONER MAY -- NOT MUST -- MAY FILE A SWORN
APPLICATION..." AND IT SEEMS TO ME THAT IF WE WANT TO MAKE SURE THAT
THE PETITIONER -- AND OBVIOUSLY, THE ONLY ONE THAT'S SUBMITTING AN
APPLICATION IS THE PETITIONER, RIGHT? THERE'S NO ONE -- IF THEY'RE -- IF
THEY'RE SUBMITTING THE APPLICATION, IT IS A PETITIONER, CORRECT?
MS. SIMON: MM HM.
MR. GOODELL: AND THIS SAYS, THE PETITIONER MAY
FILE A SWORN APPLICATION. WHICH IMPLIES THAT THE PETITIONER DOES NOT
HAVE TO FILE A SWORN APPLICATION. AND I JUST RAISE THAT ISSUE -- I'LL COME
BACK TO IT LATER, THOUGH.
MS. SIMON: OKAY.
MR. GOODELL: GOING ON, SO AS I UNDERSTAND THE
PROCESS, A PETITIONER FILES AN APPLICATION TO A JUDGE. AND THIS IS AN EX
PARTE APPLICATION, CORRECT?
MS. SIMON: AND THERE'S --
46
NYS ASSEMBLY JUNE 13, 2018
MR. GOODELL: MEANING -- SO THE RESPONDENT IS
NOT THERE, THE ALLEGED DEFENDANT IS NOT EVEN AT THE MEETING. IT'S JUST A
ONE-SIDED PRESENTATION BY THE PETITIONER.
MS. SIMON: INITIALLY, THAT IS AN APPLICATION FOR A
TEMPORARY ORDER.
MR. GOODELL: OKAY.
MS. SIMON: YES.
MR. GOODELL: AND THEN -- AND THEN IF THE JUDGE
DETERMINES THAT THERE'S NO PROBABLE CAUSE TO BELIEVE THAT THE INDIVIDUAL
IS A DANGER, THAT DOESN'T END IT, DOES IT?
MS. SIMON: I WOULD BELIEVE -- YEAH, I THINK IF THE
JUDGE FINDS --
MR. GOODELL: THEN THE JUDGE HAS TO ORDER A
SECOND HEARING --
MS. SIMON: OKAY.
MR. GOODELL: -- CORRECT? DO WE HAVE ANY OTHER
SITUATIONS IN ANY OF OUR CRIMINAL LAW OR CIVIL LAW WHERE IF THERE'S NO
FINDING OF PROBABLE CAUSE WHATSOEVER, WE FORCE A DEFENDANT OR
RESPONDENT TO TAKE TIME OFF FROM WORK OR HIRE AN ATTORNEY OR OTHERWISE
DEFEND THEMSELVES WHEN THE COURT HAS ALREADY DETERMINED THAT THERE'S
NO PROBABLE CAUSE?
MS. SIMON: WELL, PROBABLE CAUSE IS ONE STANDARD.
IN FACT, YOU -- THERE MAY NOT BE PROBABLE CAUSE, BUT THERE MAY, IN FACT,
BE A DANGER, UPON A HEARING, THEN THAT WOULD BE -- THAT WOULD BE A
FINDING THAT THE COURT COULD MAKE.
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NYS ASSEMBLY JUNE 13, 2018
MR. GOODELL: SO, MY QUESTION IS, ARE YOU AWARE
OF ANY OTHER PROVISION WHERE THERE IS A FINDING BY THE COURT OF NO
PROBABLE CAUSE, YET THE ACTION PROCEEDS AGAINST THE DEFENDANT? I
MEAN, CERTAINLY IN THE CRIMINAL CONTEXT, IF YOU HAVE A PRELIMINARY
HEARING, FOR EXAMPLE, AND THERE'S NO PROBABLE CAUSE, CASE IS DISMISSED.
MS. SIMON: WELL, WHEN I --
MR. GOODELL: IN A -- IN A GRAND JURY PROCEEDING,
IF THERE'S NO PROBABLE CAUSE, THERE'S A NO-BILL. CASE IS ENDED. AND
HERE, WE SAY THERE'S NO PROBABLE CAUSE, BASED ON THE APPLICATION FROM
YOUR EX-WIFE OR YOUR EX-GIRLFRIEND, TO BELIEVE THAT YOU'RE A DANGER, BUT
THE COURT THEN GOES ON?
MS. SIMON: WELL, FIRST OF ALL, I THINK THAT ONE THING
I'D LIKE TO MAKE CLEAR IS, NUMBER ONE, EVEN IN THE CONTEXT IN WHICH
YOU'RE SPEAKING CRIMINALLY, YOU KNOW, A GRAND JURY COULD STILL INDICT
THAT PERSON. SO THE FACT THAT THERE WAS NO PROBABLE CAUSE FOUND BY THE
-- THE FIRST JUDGE THAT COMES INTO CONTACT WITH THE DEFENDANT IS -- IS --
DOESN'T PRECLUDE THERE BEING FURTHER CRIMINAL PROCEEDINGS. BUT ALSO,
EVERY DAY OF THE WEEK LAWYERS FILE ORDERS TO SHOW CAUSE, SEEKING
TEMPORARY RESTRAINING ORDERS. TEMPORARY RESTRAINING ORDERS ARE ISSUED
BY COURTS ALL THE TIME. THEY ARE UNI -- THEY'RE DONE UNILATERALLY, AND
THEN THERE'S A HEARING. RIGHT? THE COURT WILL --
MR. GOODELL: ARE TEMPORARY --
MS. SIMON: -- ASK FOR A --
MR. GOODELL: JUST SO I'M CLEAR --
MS. SIMON: CAN -- LET -- CAN I FINISH MY --
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NYS ASSEMBLY JUNE 13, 2018
MR. GOODELL: DOES THE COURT EVER ISSUE A
TEMPORARY RESTRAINING ORDER IF THERE'S NO PROBABLE CAUSE OR NO BASIS FOR
THE RESTRAINING ORDER?
MS. SIMON: THE ISSUANCE OF A TEMPORARY
RESTRAINING ORDER, DEPENDING ON THE -- THE CIRCUMSTANCES, MIGHT NOT
NEED PROBABLE CAUSE. WE'RE TALKING ABOUT A CIVIL -- WE'RE TALKING ABOUT
A CIVIL ISSUE HERE. WE'RE NOT TALKING ABOUT CRIMINAL COURT.
MR. GOODELL: RIGHT.
MS. SIMON: WE'RE TALKING ABOUT --
MR. GOODELL: AND PROBABLE CAUSE IS ONE OF THE
LOWEST STANDARDS WE HAVE IN THE ENTIRE JUDICIAL SYSTEM. I MEAN, IT'S
LESS THAN... YOU KNOW, IT'S LESS THAN 50 PERCENT. IT'S JUST LIKE, IS THERE A
REASONABLE BASIS? I HAVE NEVER HEARD OF COURTS ISSUING PRELIMINARY
INJUNCTIONS OR TEMPORARY RESTRAINING ORDERS WHEN THERE'S NO REASONABLE
BASIS TO BELIEVE THERE'S A DANGER. BUT AM I WRONG HERE? IS THERE A
DIFFERENT STANDARD THAT THEY CAN ISSUE IT EVEN IF THERE'S NO REASONABLE
BASIS FOR IT?
MS. SIMON: WELL, FIRST OF ALL, I THINK YOU'RE --
YOU'RE LUMPING TOGETHER SEVERAL THINGS THAT ARE NOT RELEVANT HERE,
OKAY? ONE IS THAT, YES, THERE ARE RESTRAINING ORDERS ISSUED. THEY'RE --
ARE -- ARE OFF -- PRELIMINARY INJUNCTIONS THAT ARE ISSUED BASED ON A
SUFFICIENT SHOWING. AND THE THING THAT IS MISSING FROM YOUR QUESTION
IS THE FACT THAT IN THE APPLICATION FOR THIS TEMPORARY EXTREME RISK
PROTECTION ORDER IS A RECITATION OF THE EVIDENCE THAT WOULD ESTABLISH
THAT THIS PERSON IS A DANGER TO THEMSELVES OR OTHERS, AND DO SO AT THE
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NYS ASSEMBLY JUNE 13, 2018
STANDARD OF CLEAR AND CONVINCING EVIDENCE. AND SO, THIS IS NOT ABOUT --
NO -- NOBODY NEEDS TO BE CONCERNED THAT SOME TEACHER OR TEACHER'S AIDE
IS RUNNING AROUND BEING CHICKEN LITTLE, RIGHT? THIS IS SOMETHING THAT
REALLY DEMANDS EVIDENCE, AND THE COURTS ARE, I BELIEVE, GOING TO BE
VERY CAREFUL IN THE ISSUANCE OF SUCH ORDERS.
MR. GOODELL: THANK YOU VERY MUCH, MS. SIMON.
ON THE BILL.
ACTING SPEAKER D. ROSENTHAL: ON THE BILL.
MR. GOODELL: I HAVE GRAVE DUE PROCESS CONCERNS
ABOUT THIS LANGUAGE. SO LET'S WALK THROUGH IT. AN APPLICATION CAN BE
MADE BY SOMEONE WHO HATES THE GUTS OF THE DEFENDANT, LIKE AN
EX-SPOUSE OR AN EX-GIRLFRIEND. AND FOR THOSE OF US WHO HAVE PRACTICED
IN FAMILY COURT, I CAN TELL YOU, THEIR TESTIMONY IS NOT ALWAYS RELIABLE.
THE MORE THEY HATE SOMEONE, THE LESS RELIABLE THEIR TESTIMONY IS. SO,
THAT'S HOW THIS STARTS. AND THEN THIS SAYS IT MAY BE A SWORN AFFIDAVIT.
IT DOESN'T HAVE TO BE, IT MAY BE. YET, OUR 4TH AMENDMENT REQUIRES THAT
THE ONLY TIME YOU CAN ISSUE A WARRANT IS WHEN IT'S UNDER AN OATH OR
AFFIRMATION. SO WE START OUT BY VIOLATING THE 4TH AMENDMENT. AND
WE START OUT WITH AN EX PARTE COMMUNICATION. AND FOR THOSE OF US WHO
ARE LAWYERS, WE ALL KNOW VERY STRICT RESTRICTIONS ON EX PARTE
COMMUNICATIONS BECAUSE THEY'RE FUNDAMENTALLY UNFAIR BECAUSE THE
OTHER SIDE IS NOT THERE. SO YOU HAVE AN EX PARTE COMMUNICATION WITH
THE JUDGE, THE JUDGE SAYS, THERE IS NO REASONABLE BELIEF. THERE'S NO
PROBABLE CAUSE. THAT MEANS THERE'S NO REASONABLE GROUNDS. DOES IT
END THERE? NO. YOU THEN HAVE A HEARING IN FRONT OF THE SAME JUDGE
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NYS ASSEMBLY JUNE 13, 2018
WHO HAD THE EX PARTE COMMUNICATIONS TO BEGIN IT, WHO'S ALREADY HEARD
ONLY HALF THE STORY. YOU THEN HAVE A HEARING. AND IN THE REAL WORLD,
HEARINGS MEAN THAT SOMEBODY TAKES TIME OFF FROM WORK. SOMEONE
HIRES A LAWYER. IN THE REAL WORLD, THEY JUST DON'T WALK OUT ON THEIR
EMPLOYER AND SAY, OH, BY THE WAY, I'M NOT MAKING THAT SHIPMENT THAT
YOU WANTED ME TO DO IN THE TRUCK THIS FRIDAY BECAUSE I'VE GOT TO GO TO
A HEARING. IT'S REAL COST, REAL INCONVENIENCE ON A -- ON A -- ON THE
BASIS THAT THERE'S NO REASONABLE GROUND TO BELIEVE THERE'S A PROBLEM IN
THE FIRST PLACE, ON AN EX PARTE HEARING. BUT IT GETS BETTER. AT THAT
HEARING, THE COURT CAN ORDER THE LAW ENFORCEMENT TO DO A BACKGROUND
INVESTIGATION. THAT'S COOL. THIS LAW THEN GOES ON TO SAY THAT THE COURT
DOES NOT HAVE TO PROVIDE THE FULL CONTENTS OF THAT BACKGROUND
INVESTIGATION TO THE DEFENDANT. NO OBLIGATION AT THE EX PARTE HEARING
THAT THE DEFENDANT GET A COPY OF WHAT WAS SAID AGAINST HIM. THE COURT
IS GETTING DIRECT COMMUNICATION FROM LAW ENFORCEMENT AND OTHERS, AND
NO OBLIGATION TO SHARE IT WITH THE DEFENDANT. EX PARTE COMMUNICATIONS
AT EVERY STEP OF THE PROCEEDING, ON AN -- ON AN APPLICATION BROUGHT BY
AN EX-SPOUSE OR AN EX-GIRLFRIEND, WHERE THERE'S NO PROBABLE CAUSE. MY
FRIENDS, YOU MAY HATE GUNS. I UNDERSTAND THAT. IT'S STILL IN OUR
CONSTITUTION. WE ALREADY HAVE THE MECHANISMS IN PLACE. THEY ARE
WORKING HERE IN NEW YORK STATE. OUR POLICE ARE RESPONDING TO
THREATS. THEY ARE DOING THE INVESTIGATION THEY SHOULD BE. OUR MENTAL
HEALTH PROFESSIONALS ARE DOING THE MENTAL HEALTH INVESTIGATIONS. WE
DON'T NEED PROCEEDINGS BROUGHT IN THE SUPREME COURT -- APPARENTLY I'M
ALMOST OUT OF TIME.
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NYS ASSEMBLY JUNE 13, 2018
(LAUGHTER)
APPARENTLY, I'M NOW OUT OF TIME.
(LAUGHTER)
MY FRIENDS, LET'S NOT KICK THE CONSTITUTION TO THE CURB
IN OUR EFFORTS TO REGULATE GUNS BEYOND WHAT'S REASONABLE. THANK YOU
VERY MUCH.
ACTING SPEAKER D. ROSENTHAL: MR.
MCDONOUGH.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A QUESTION OR TWO?
ACTING SPEAKER D. ROSENTHAL: WILL THE
SPONSOR YIELD?
MS. SIMON: CERTAINLY.
ACTING SPEAKER D. ROSENTHAL: THE SPONSOR
YIELDS.
MR. MCDONOUGH: THANK YOU, JO ANNE. FIRST OF
ALL, I'M NOT AN ATTORNEY, SO I HAVE A DIFFICULTY UNDERSTANDING SOME OF
THE LEGAL TERMS. BUT, AS I UNDERSTAND IT, USUALLY TODAY ORDERS OF
PROTECTION ARE GIVEN AFTER AN EVENT. SOMEBODY BEATS UP SOMEBODY OR
WHATEVER IT IS, OR THEY THREATEN THEM AND STUFF LIKE THAT AND THEY APPLY
FOR AN ORDER OF PROTECTION. TO SOMEBODY WHO'S ALREADY MADE SOME
TIME OF VIOLATION. NOW, I DON'T KNOW THE ANSWER TO THIS, BUT IF SOME --
IF SOME PETITIONER FILES A PETITION FOR THIS BECAUSE THEY FEEL THIS PERSON
COULD BE DANGEROUS, DOESN'T THE RESPONDENT KNOW RIGHT AWAY ABOUT
THEM FILING THAT PETITION?
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NYS ASSEMBLY JUNE 13, 2018
MS. SIMON: THE RESPONDENT WOULD GET NOTICE --
MR. MCDONOUGH: GET NERVOUS?
MS. SIMON: NOTICE --
MR. MCDONOUGH: NOTICE. OKAY. THEY GET --
MS. SIMON: THEY WOULD GET NERVOUS, TOO, PROBABLY
AS WELL, YES.
MR. MCDONOUGH: I'D GET PRETTY NERVOUS IF I GOT
THAT, TOO. WOULDN'T THAT HELP TO TRIGGER THEIR BAD ACTIONS, SO-TO-SPEAK?
IF YOU -- WELL, LET ME JUST SAY, IF YOU FILED ONE AGAINST ME AND WE WERE
RELATED OR WHATEVER, COULDN'T THAT DRIVE ME TO THE EDGE OF PARTICIPATING
IN THAT VIOLENT ACT THAT YOU'RE AFRAID OF?
MS. SIMON: WELL, HERE'S THE THING. THEY DO GET
NOTICE, BUT THEY GET NOTICE AFTER THE TEMPORARY ORDER IS ISSUED. SO, THEY
WOULD NOT -- YOU WOULD NOT BE ABLE TO SHOOT ME BEFORE THE ORDER WAS
ISSUED. AND -- AND -- AND THAT IS WHY IT'S TEMPORARY. THE HEARING
WOULD HAVE TO OCCUR WITHIN THREE DAYS. SO THERE ARE VERY STRONG
PROTECTIONS FOR THE INDIVIDUAL'S RIGHTS AND LIBERTIES. AND HERE'S THE
THING: YOU KNOW, THE TYPES OF BEHAVIORS THAT THESE INDIVIDUALS
DEMONSTRATE ARE THINGS THAT PEOPLE IN THEIR ENVIRONMENT KNOW ABOUT.
WHEN YOU TALKED -- LISTENED TO PEOPLE TALKING ABOUT THE SHOOTER IN
PARKLAND, OKAY --
MR. MCDONOUGH: RIGHT.
MS. SIMON: THIS WAS A YOUNG MAN WHO HAD GUNS,
HE WAS ABLE TO LEGALLY BUY THOSE GUNS. HE WAS OF AN AGE TO -- TO BE
ABLE TO BUY THOSE GUNS. HIS STEP-PARENT BROUGHT IN THE POLICE OFFICERS
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NYS ASSEMBLY JUNE 13, 2018
TO TRY AND TALK SOME SENSE INTO HIM BECAUSE HE WAS ACTING STRANGELY.
HE WAS BUYING MORE AND MORE GUNS, STOCKPILING AMMUNITION. HE WAS
ON FACEBOOK AND TWITTER. NOW, YOU MAY NOT BE ON FACEBOOK AND
TWITTER AS MUCH, OR SOCIALIZING WITH YOUNG PEOPLE, BUT ONE OF THE
THINGS THAT HAPPENS ALL THE TIME NOW BECAUSE OF SOCIAL MEDIA IS THAT
THIS IS HOW STUDENTS COMMUNICATE --
MR. MCDONOUGH: YEAH.
MS. SIMON: AND THEY COMMUNICATE ABOUT THESE
THINGS ON FACEBOOK AND TWITTER ALL THE TIME. AND THEIR -- AND ON THESE
CHAT GROUPS. AND THEIR FELLOW STUDENTS AND OTHER PEOPLE IN THEIR
ENVIRONMENTS ARE VERY AWARE. AND WHEN YOU TALK TO PEOPLE WHO HAVE
BEEN IN THESE SITUATIONS, THEY ALWAYS SAY, WE KNEW THIS KID, WE KNEW
THIS WAS --
MR. MCDONOUGH: YES.
MS. SIMON: -- GOING TO HAPPEN. WE DIDN'T HAVE
ANYTHING WE COULD DO ABOUT IT. WHAT WE WANT TO DO HERE IS TO NOT
HAVE THAT CONTINUE. THAT WHERE SOMEBODY KNOWS THIS KID IS TROUBLE,
KNOWS THIS KID IS NOT JUST A -- A TROUBLED KID, BUT A KID WHO'S
DANGEROUS. REALLY DANGEROUS TO HIMSELF AND TO OTHERS, AND IS ON AN
ESCALATING COURSE, DESCENDING COURSE INTO -- INTO VIOLENCE; THAT WE CAN
STOP THAT VIOLENCE FROM HAPPENING AND SAVE LIVES.
MR. MCDONOUGH: WELL, THE -- THE CHARACTER YOU
DESCRIBED GOES ALL THE WAY BACK TO COLUMBINE, AND THOSE STUDENTS
WERE --
MS. SIMON: YES.
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NYS ASSEMBLY JUNE 13, 2018
MR. MCDONOUGH: -- OTHER STUDENTS WERE AWARE
OF THIS -- OF THOSE INDIVIDUALS BEING LONERS.
MS. SIMON: MM HM.
MR. MCDONOUGH: -- AND NOT -- YOU KNOW, NOT
PARTICIPATING IN ANYTHING ELSE. BUT WHAT I'M CONCERNED ABOUT, YOU SAID
A TEMPORARY ORDER COULD BE ISSUED. WHAT HAPPENS -- THAT'S WHEN THE
RESPONDENT FIRST FINDS OUT THAT THERE'S A PETITIONER TRYING TO GET THIS GUY
IDENTIFIED TO STOP TO TAKE ANY FIREARMS OR ANYTHING LIKE THAT?
MS. SIMON: YES. THE PERSON AGAINST WHOM THE
ORDER IS ISSUED WOULD FIND OUT WITH NOTICE AFTER THE TEMPORARY
RESTRAINING ORDER IS ISSUED.
MR. MCDONOUGH: IS IT AT THE POINT THAT THEY DO
GO GET THOSE FIREARMS IF THEY'RE AVAILABLE BEFORE THE PETITION -- BEFORE
THE RESPONDENT REALLY KNOWS THEY'RE COMING? I'M -- MY POINT IS,
JO ANNE, THAT -- I'M JUST SAYING IF SOMEBODY IS ON THE EDGE LIKE YOU'VE
DESCRIBED --
MS. SIMON: THAT'S WHEN YOU WANT THEM, YEAH
MR. MCDONOUGH: -- AND THEY THEY FIND -- THEY
FIND OUT THAT SOMEBODY'S DOING THIS, I WOULD THINK THEY'D ACT
IMMEDIATELY.
MS. SIMON: LAW ENFORCEMENT WILL COME GET THE
GUNS AND GIVE THEM THE ORDER, RIGHT?
MR. MCDONOUGH: OKAY.
MS. SIMON: SO THERE IS ISN'T, LIKE, A GAP THERE --
MR. MCDONOUGH: OKAY.
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NYS ASSEMBLY JUNE 13, 2018
MS. SIMON: -- WHERE SOMEBODY COULD GO OUT AND
SAY, LET ME JUST EMPTY EVERY MAGAZINE BEFORE THEY COME AND GET MY
GUNS, RIGHT --
MR. MCDONOUGH: BUT THERE'S NO --
MS. SIMON: -- THAT WOULD NOT BE THE SITUATION --
MR. MCDONOUGH: -- THERE'S NO -- THERE'S NO
NORMAL -- NO WAY THAT THEY WOULD KNOW ABOUT THIS UNTIL THAT TEMPORARY
ORDER, RIGHT?
MS. SIMON: NOT UNLESS SOMEBODY SPILLED THE
BEANS. LIKE, FOR EXAMPLE --
MR. MCDONOUGH: A PARENT OR SOMETHING LIKE
THAT.
MS. SIMON: -- THE TEACHER OR SOMETHING CALLED HIM
UP AND TOLD HIM. BUT I -- MY SENSE IS THAT THAT IS A VERY UNLIKELY
SITUATION.
MR. MCDONOUGH: OKAY. THANK YOU VERY MUCH.
MS. SIMON: THANK YOU.
ACTING SPEAKER D. ROSENTHAL: MR. WALTER.
MR. WALTER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER D. ROSENTHAL: WILL THE
SPONSOR YIELD?
MS. SIMON: CERTAINLY.
ACTING SPEAKER D. ROSENTHAL: THE SPONSOR
YIELDS.
56
NYS ASSEMBLY JUNE 13, 2018
MR. WALTER: THANK YOU, MS. SIMON. JUST -- YOU
KNOW, I'M FEELING LIKE I'M HAVING DÉJÀ VU BECAUSE I REMEMBER VOTING
FOR THIS BILL A FEW MONTHS AGO. THE -- THE EXACT DIFFERENCES AGAIN ARE?
MS. SIMON: SCHOOL PERSONNEL. SO THE --
MR. WALTER: SO THAT --
MS. SIMON: THE ACTUAL LANGUAGE IN THE BILL IS A
SCHOOL OFFICIAL, WHICH INCLUDES, BUT IS NOT LIMITED TO A SCHOOLTEACHER, A
SCHOOL GUIDANCE COUNSELOR, A SCHOOL PSYCHOLOGIST, A SCHOOL SOCIAL
WORKER, SCHOOL NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL PERSONNEL
REQUIRED TO HOLD TEACHING OR ADMINISTRATIVE LICENSES OR CERTIFICATES.
AND FULL- OR PART-EMPLOYEES COMPENSATED SCHOOL EMPLOYEES REQUIRED
TO HOLD A TEMPORARY COACHING LICENSE OR PROFESSIONAL COACHING
CERTIFICATE. AND OF COURSE, COACHES ARE PROBABLY THOSE PEOPLE WHO
KNOW AN AWFUL LOT ABOUT OUR CHILDREN.
MR. WALTER: SO, THE RESPONDENT, THEN, IF -- I
WOULD IMAGINE IF IT'S A -- IF IT'S SCHOOL PERSONNEL, THE PERSON THERE
LOOKING TO REPORT IS -- OR TO GET A RESTRAINING ORDER, THE RESPONDENT IN
THE LANGUAGE OF THE LAW WOULD BE A MINOR, SOMEONE IN SCHOOL.
MS. SIMON: IT COULD BE. IT COULD BE. I MEAN, OUR
HIGH SCHOOL STUDENTS, SOME OF THEM ARE -- ARE 18 AND HAVE REACHED THE
AGE OF MAJORITY. SOME OF THEM ARE EVEN 19, SO...
MR. WALTER: SURE. BUT -- BUT IN ALL LIKE -- OTHER
THAN THAT -- THAT SMALL PERCENTAGE, MOST EVERYBODY ELSE WOULD BE 14,
15, 16, 17.
MS. SIMON: THAT IS CERTAINLY POSSIBLE, YES.
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NYS ASSEMBLY JUNE 13, 2018
MR. WALTER: OKAY. OKAY. SO, IF THEY -- WHO --
WHO ARE WE -- IF -- IF THEY DON'T OWN A GUN, PER SE, BECAUSE, YOU KNOW,
IN MANY INSTANCES I THINK YOU HAVE TO BE AT LEAST 16 TO OWN A SHOTGUN
OR A RIFLE.
MS. SIMON: MM HM.
MR. WALTER: WHO -- WHO ARE WE TARGETING WITH
THIS?
MS. SIMON: WE ARE NOT TARGETING --
MR. WALTER: HAVING THE -- HAVING THE SCHOOL
PERSONNEL INCLUDED, WHAT DOES THAT GET US? WHERE DOES -- WHAT DOES
THAT GAIN US IF WE'RE NOT TALKING ABOUT, FOR THE MOST PART, PEOPLE WHO
ACTUALLY OWN FIREARMS?
MS. SIMON: THE ADDITION OF SCHOOL PERSONNEL TO
THIS BILL DOES NOT CHANGE ANYTHING ELSE. SO, FOR EXAMPLE, THERE'S NO
TARGETING, EXCEPT SAVING LIVES. THE SCHOOL PERSONNEL ARE PERMITTED --
BECAUSE THEY ARE PEOPLE WHO ARE IN CONTACT WITH YOUNG PEOPLE WHO
MAY BE EXHIBITING THESE BEHAVIORS, MAY -- MANY TIMES THE SCHOOL
SHOOTERS HAVE BEEN STUDENTS THERE, OR A VERY RECENT GRADUATE, RIGHT?
LIKE IN THE CASE OF PARKLAND, THE STUDENT HAD JUST GRADUATED THE YEAR
BEFORE. AND SO, SCHOOL PERSONNEL ARE OFTEN THE PEOPLE WHO KNOW AND
WHO HAVE OBSERVED THOSE SIGNS AND ARE VERY FAMILIAR WITH THOSE YOUNG
PEOPLE. SO, THE ADDITION HERE IS BECAUSE, YOU KNOW, WE'VE HAD SO
MANY SCHOOL SHOOTINGS, 46, SINCE THE BEGINNING OF THIS YEAR ALONE --
MR. WALTER: HOW MANY OF THOSE WERE IN NEW
YORK?
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NYS ASSEMBLY JUNE 13, 2018
MS. SIMON: I DON'T KNOW. I DON'T -- I DON'T RECALL
WHETHER ONE OF THEM WAS IN NEW YORK. AND I CAN SAY IF -- IF NONE OF
THEM HAD BEEN NEW YORK, HALLELUJAH. SO --
MR. WALTER: THEN WE'RE FIXING SOMETHING THAT
DOESN'T NEED TO BE FIXED, I WOULD SAY.
MS. SIMON: EXCUSE ME? WELL, WE DO HAVE
SUICIDES. REMEMBER, THIS IS A GUN-RELATED -- THEY'RE NOT NECESSARILY
MURDERS, THEY MAY BE SUICIDES. AND -- SO -- BUT I DI -- DIGRESS. THE
REASON THIS WAS ADDED IS, OF COURSE, SCHOOL PERSONNEL ARE PEOPLE WHO
ARE IN STUDENTS' LIVES AND ARE LIKELY TO HAVE OBSERVED THESE BEHAVIORS.
AND THE -- WHEN WE TALKED TO PEOPLE WHO HAVE SURVIVED THESE
SHOOTINGS, WE KNOW THAT THEY ARE, IN FACT, PEOPLE WHO DID KNOW, BUT
WERE POWERLESS TO DO ANYTHING ABOUT IT. SO, THIS IS ONLY AN EXPANSION
OF THE PEOPLE WHO MAY SEEK A COURT ORDER. AGAIN, IT'S NOT MANDATORY.
IT'S NOT MANDATORY FOR HOUSEHOLD MEMBERS AS WELL. SO, THERE'S NO --
THERE'S NO CHANGE THERE. IT JUST SIMPLY GIVES MORE PEOPLE WHO HAVE
REASON TO KNOW THIS INFORMATION AND TO KNOW THAT THESE ARE PEOPLE
WHO SHOULD NOT HAVE ACCESS TO A WEAPON, TO SEEK SUCH A COURT ORDER.
MR. WALTER: AND IF A SCHOOL OFFICIAL HAS
IDENTIFIED, LET'S SAY, A 14-YEAR-OLD AS SOMEBODY WHO MIGHT BE SUBJECT
OF AN EXTREME RISK PROTECTION ORDER, WHO, THEN, IS AFFECTED BY THAT?
WOULD THE PARENTS WHO ARE THE GUN OWNERS, POTENTIALLY HAVE GUNS AT
THAT POINT? I MEAN, HOW WOULD THE SCHOOL OFFICIAL KNOW IF WHETHER OR
NOT THE PARENT HAD A RIFLE OR A SHOTGUN WHEN THEY'RE FILING FOR A --
PROTECTION ORDER?
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NYS ASSEMBLY JUNE 13, 2018
MS. SIMON: WELL, I'M NOT SURE THAT THEY WOULD
KNOW. BUT OFTEN, THEY FIND THAT INFORMATION OUT FROM STUDENTS.
BECAUSE THE STUDENTS ARE TALKING ABOUT THIS. THE STUDENTS ARE MAKING
THREATS, THE STUDENTS ARE TALKING TO THEIR FRIENDS, THEY'RE POSTING ON
FACEBOOK. THEY HAVE A PLAN. AND VERY -- AND STUDENTS CAN GET
WEAPONS, OBVIOUSLY, ILLEGALLY, WHETHER THEY GET THEM FROM THEIR
PARENTS OR NOT. SO, IN THE EVENT THAT A PARENT OWNS A FIREARM, WHAT THIS
LAW WOULD REQUIRE IS THAT THE PARENTS SAFELY STORE THAT FIREARM. IT
WOULD NOT TAKE THE PARENTS' PROPERTY, BUT IT WOULD REQUIRE THAT THAT
PROPERTY BE PROPERLY STORED AND SAFE.
MR. WALTER: OKAY. THANK YOU, MS. SIMON.
MS. SIMON: THANK YOU.
MR. WALTER: ON THE BILL.
ACTING SPEAKER D. ROSENTHAL: ON THE BILL.
MR. WALTER: YOU KNOW, I -- I VOTED FOR THIS BILL
ORIGINALLY WHEN IT CAME UP IN MARCH. I THINK THERE'S BEEN SOME
THOUGHTFUL DISCUSSION ON BOTH THE LEFT AND THE RIGHT ABOUT EXTREME
RISK -- RISK PROTECTION ORDERS AND PROTECTION OF DUE PROCESS AND STILL,
YOU KNOW, LOOKING OUT FOR THOSE WHO MAY CAUSE VIOLENCE TO OTHERS OR
TO THEMSELVES. I JUST FIND IT DISTURBING THAT WE HAVE TO BRING THIS UP
AGAIN BECAUSE THE GOVERNOR HAS DECIDED TO MAKE IT A POLITICAL
CAMPAIGN ISSUE. AND THAT'S REALLY WHY WE'RE HERE AGAIN, IS BECAUSE THE
GOVERNOR IS GOING AROUND THE STATE PROMOTING THIS AS HIS OWN, WHEN
THIS HOUSE ALREADY TOOK IT UP IN MARCH. SO IT'S -- IT'S KIND OF SAD,
REALLY, FOR THE MAJORITY TO BE KOWTOWING TO THE GOVERNOR IN THIS WAY,
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NYS ASSEMBLY JUNE 13, 2018
AND ESPECIALLY FOR POLITICAL PURPOSES AT THIS TIME OF YEAR. THERE IS A
TIME TO GOVERN. TO USE A PHRASE FROM THE GOVERNOR HIMSELF, THERE IS A
TIME TO GOVERN, AND THERE'S A TIME FOR POLITICS. AND THIS IS PURELY
POLITICS.
THANK YOU.
ACTING SPEAKER D. ROSENTHAL: MR.
MORELLE.
MR. MORELLE: THANK YOU. I APOLOGIZE FOR THE
INTERRUPTION, BUT I'D LIKE TO ASK MEMBERS OF THE WAYS AND MEANS
COMMITTEE TO JOIN MS. WEINSTEIN IN THE SPEAKER'S CONFERENCE ROOM.
WAYS AND MEANS IN THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER D. ROSENTHAL: WAYS AND
MEANS IN THE SPEAKER'S CONFERENCE ROOM.
MR. DIPIETRO.
MR. DIPIETRO: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER D. ROSENTHAL: WILL THE
SPONSOR YIELD?
MS. SIMON: YES.
ACTING SPEAKER D. ROSENTHAL: THE SPONSOR
YIELDS.
MR. DIPIETRO: THANK YOU, MS. SIMON. JUST A
COUPLE OF QUESTIONS. COULD YOU TELL ME, ON PAGE THREE, LINE 38, I'M
LOOKING AT A SECTION, IT SAYS, "... A THREAT OF PHYSICAL FORCE DIRECTED
TOWARDS SELF, THE PETITIONER OR ANOTHER...." JUST THE THREAT, IT SEEMS A
61
NYS ASSEMBLY JUNE 13, 2018
LITTLE VAGUE. CAN YOU TELL ME HOW DEEP THAT GOES, WHAT IT ENTAILS?
MS. SIMON: THESE ARE REL -- THESE ARE RELEVANT
FACTORS THAT THE COURT WOULD HAVE TO CONSIDER, AND THE COURT WOULD
EVALUATE THAT THREAT. SO YOU WOULD HAVE SOMEONE WHO APPLIES TO THE
COURT, AND IN THEIR PAPERS THEY WOULD ARTICULATE THE NATURE OF THAT THREAT
AND THE CIRCUMSTANCES OF THAT THREAT.
MR. DIPIETRO: OKAY. THE -- AND DOWN A LITTLE
FURTHER IT HAS, "...THE RECKLESS USE, DISPLAY OR BRANDISHING OF A FIREARM,
RIFLE OR SHOTGUN." WHERE WOULD A TEACHER SEE THAT RECKLESS DISPLAY?
MS. SIMON: WELL, THEY MIGHT ACTUALLY SEE IT IF A
SCHOOL -- IF A CHILD BRINGS -- OR A STUDENT BRINGS A GUN TO SCHOOL, OR
OUTSIDE OF THE -- THE SCHOOL. YOU KNOW, TEACHERS ARE COMMUNITY
MEMBERS AND THEY SEE STUDENTS OUTSIDE OF THE SCHOOL AS WELL. AND IT
MAY NOT BE A TEACHER, IT MIGHT BE A COACH, FOR EXAMPLE. SOMEBODY IS
GOING TO FOOTBALL PRACTICE AND THEY BRING THEIR WEAPON AND THEY
BRANDISH IT. BUT THE OTHER THING TO NEVER FORGET WITH THIS POP -- YOUNG
POPULATION IS SOCIAL MEDIA. AND KIDS DO THIS ON SOCIAL MEDIA ALL THE
TIME. AND SO, A BRANDISHING OF A WEAPON COULD CERTAINLY BE AN ACTIVITY
THAT ONE DOES ON SOCIAL MEDIA. HAVE A LITTLE VIDEO, A LITTLE FACEBOOK
LIVE. BRANDISHING CAN HAPPEN IN A VARIETY OF PLACES AND -- AND
COMMUNICATED IN A VARIETY OF WAYS.
MR. DIPIETRO: THERE'S A -- A BUNCH OF YEARS AGO, I
WAS -- SOMETHING HAPPENED OUT NEAR ME WHERE A PERSON CALLED IN A
THREAT WHEN A 15-YEAR-OLD BOY WAS HUNTING WITH HIS DAD, AND ON THEIR
WAY OUT OF THE WOODS AND GOING TO THE CAR THEY WERE CARRYING THEIR
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RIFLES ON THE STREET AND GOING TO THEIR CAR ABOUT 50 YARDS AWAY, AND
SOMEONE WHO KNEW THAT PERSON AND DIDN'T LIKE THEM, CALLED THE POLICE.
WOULD -- WOULD THAT BE UNDER THIS? WOULD THAT BE A -- A JUSTIFICATION
TO -- TO SAY YOU SAW SOMEONE RECKLESSLY BRANDISHING A WEAPON?
MS. SIMON: WELL, IF I'M THE JUDGE IN THAT CASE, I
WANT TO KNOW WHEN THAT HAPPENED, HOW IT HAPPENED, WHAT WERE THE
FACTS AND CIRCUMSTANCES. AND I WOULD MAKE THAT DETERMINATION. OUR
JUDGES MAKE THESE DETERMINATIONS ALL THE TIME, AND I HAVE CONFIDENCE
IN THEM THAT IF THE SITUATION IS DESCRIBED AS YOU HAVE DESCRIBED IT IS
WHAT OCCURRED, THEY WOULD PROBABLY NOT FIND THAT THERE WAS A -- A
REASON TO TEMPORARILY REMOVE THE -- THE WEAPONS FROM -- FROM THE
HOME. BUT I DON'T KNOW THAT THERE ARE ANY OTHER FACTORS IN THAT
SITUATION. AND THIS LIST IS JUST A LIST OF NON-EXHAUSTIVE FACTORS. THERE
COULD BE OTHER FACTORS THAT THE COURT WOULD CONSIDER, DEPENDING ON THE
FACTS AND CIRCUMSTANCES.
MR. DIPIETRO: RIGHT. WELL, I'M GLAD YOU SAID THAT
WE -- OUR JUDGES MAKE THESE DECISIONS ALL THE TIME. JUST YESTERDAY WE
HEARD IN THIS CHAMBER THAT WE COULDN'T TRUST OUR JUDGES WITH BAIL
BECAUSE OF A LOT OF FACTORS. BUT THEN NOW, AND UNDER THIS SITUATION,
WE'RE GOING TO TRUST THEM. SO, I DON'T KNOW WHERE WE'RE GOING TO GO
WITH THAT.
MS. SIMON: WELL, THAT -- THIS IS NOT THAT SITUATION.
MR. DIPIETRO: YES, BUT IT'S -- THERE ARE JUDGES
MAKING DECISIONS, AND I'M -- I'M SURE IF THEY'RE GOOD AT ONE, THEY'RE
USUALLY GOOD AT THE OTHER.
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MS. SIMON: I THINK JUDGES KNOW WHEN -- HOW TO
EVALUATE THREAT, WHICH IS A FUNDAMENTALLY DIFFERENT THING AS TO WHETHER
OR NOT THEY SHOULD BE GETTING LARGE AMOUNTS OF MONEY FOR BAIL.
MR. DIPIETRO: I GUESS I'LL DISAGREE WITH THAT.
MS. SIMON: OKAY.
MR. DIPIETRO: WHAT IS "ABUSE OF ALCOHOL?"
WHERE WOULD A TEACHER -- OR WHERE WOULD AN EDUCATOR SEE ABUSE OF
ALCOHOL?
MS. SIMON: A KID COMES TO SCHOOL DRUNK.
MR. DIPIETRO: WELL, THAT'S ALREADY --
MS. SIMON: IT'S BEEN KNOWN TO HAPPEN. WELL, YOU
KNOW, AGAIN, I DON'T KNOW WHERE A TEACHER -- IT MIGHT BE A COACH, IT
MIGHT BE SOME SCHOOL PERSONNEL, IT MIGHT BE OTHER MEMBERS OF THE
SCHOOL COMMUNITY THAT HAVE SEEN THAT. SO, I'M -- I -- THE LAW CANNOT --
IN ORDER TO BE EFFECTIVE, NO LAW CAN PINPOINT EVERY POSSIBLE
CIRCUMSTANCE UNDER WHICH SOMETHING MIGHT OCCUR, BECAUSE ONCE YOU
DO THAT, SOMETHING ELSE WILL OCCUR THAT YOU NEVER THOUGHT OF, RIGHT?
SO, AGAIN, STUDENTS ARE DOING FACEBOOK LIVE AND THEY'RE DRUNK AS
SKUNKS. YOU KNOW -- YOU KNOW, THESE COLLEGES TODAY ALL GO THROUGH
YOUR FACEBOOK PAGE AND YOUR TWITTER PAGE BECAUSE THEY WANT TO SEE
THE KINDS OF THINGS YOU POST. AND SO, YOU KNOW, I JUST, AGAIN, HAVE TO
SAY THAT IT'S NOT NECESSARILY THAT YOU'RE PHYSICALLY ON THE SCHOOL
PREMISES BEING DRUNK.
MR. DIPIETRO: NO, NO, I UNDERSTAND. THANK YOU,
THAT'S --
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MS. SIMON: AND YOU MIGHT BE REPORTED BY OTHER
STUDENTS WHERE YOU HAVE BEEN DRUNK AND BEEN ABUSIVE TO YOUR FELLOW
STUDENTS.
MR. DIPIETRO: RIGHT. BUT ALSO, IF YOU'RE UNDER 21,
YOU'RE NOT ALLOWED TO DRINK ANYWAY, SO ANY -- ANY ALCOHOL WOULD --
SHOULD BE REPORTED.
MS. SIMON: THAT'S TRUE. BUT THIS IS ABUSE OF
ALCOHOL, IT'S NOT JUST HAVING A DRINK.
MR. DIPIETRO: OKAY. THANK YOU, MS. SIMON.
MS. SIMON: THANK YOU.
MR. DIPIETRO: ON THE BILL, SIR.
ACTING SPEAKER D. ROSENTHAL: ON THE BILL.
MR. DIPIETRO: OH, EXCUSE ME. I DO HAVE ONE
MORE QUESTION, MS. SIMON. WOULD YOU -- WOULD YOU -- WOULD YOU --
MS. SIMON: SURE.
MR. DIPIETRO: THANK YOU. I APPRECIATE THAT. IN
THIS, IF A PERSON MAKES THE REQUEST AND THERE'S NO EVIDENCE, ARE THEY
RESPONSIBLE, THEN, FOR ANY LEGAL FEES OR ANY HARDSHIP, OR ARE PEOPLE --
LET'S SAY -- BECAUSE UNDER THIS, IT DOESN'T SAY YOU CAN MAKE ONE -- YOU
COULD BE SOMEONE -- THE WAY I'M READING PART OF THIS IS, IT COULD BE A
POLITICAL ISSUE, AND YOU COULD MAKE 10 OR 20 CLAIMS AGAINST PEOPLE YOU
DON'T LIKE AND THERE'S NO RECOURSE AGAINST THE INDIVIDUAL. IS -- IS THERE
ANY RECOURSE HERE FOR SOMEONE WHO CONTINUALLY MAKES -- BRINGS --
BRINGS THESE UP AND THEY'RE FRIVOLOUS AND THEY GET KICKED OUT?
MS. SIMON: WELL, FIRST OF ALL, I THINK YOU'VE ALREADY
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IDENTIFIED ONE OF THE CONSEQUENCES, IS THAT THEY WOULD NOT BE ABLE TO
MAKE THIS CLAIM, THERE WOULDN'T BE SUFFICIENT EVIDENCE AND AN ORDER
WOULD NOT ISSUE FROM THE COURT. BUT I'M ALSO RELATIVELY SURE THAT IF
SOMEBODY STARTS DOING THIS ON A REGULAR BASIS, THE COURTS WILL, IN FACT --
THE COURTS KNOW WHO THE PEOPLE ARE WHO DO THESE THINGS, RIGHT? AND
THE COURTS HAVE REMEDIES AT THEIR DISPOSAL TO -- TO PENALIZE PEOPLE.
AND -- AND YOU CAN ACTUALLY FINE SOMEBODY FOR -- FOR BRINGING
MULTIPLE SUITS THAT ARE NOT FOUNDED, RIGHT? SO, I THINK THAT THAT IS LIKE
ANYTHING IS POSSIBLE, ANYTHING COULD BE POLITICAL. THE LIKELIHOOD OF
SUCCESS FOR SOMEBODY DOING SOMETHING LIKE THAT IS PROBABLY VERY, VERY
SLIM.
MR. DIPIETRO: SO, THERE'S NOTHING IN THIS BILL --
THERE'S NOTHING IN THIS BILL THAT BRINGS ANY ACTION AGAINST THE -- THE
PERSON WHO FILES?
MS. SIMON: NOT ANY MORE THAN THE FACT THAT
ANYBODY COULD FILE A LAWSUIT AT ANY TIME THAT THE PERSON WHO'S THE
RESPONDENT THINKS IS -- IS FRIVOLOUS OR VEXATIOUS. IT CAN HAPPEN.
AGAIN, COURTS ARE PRETTY FAMILIAR WITH THE KINDS OF PEOPLE THAT FILE
THOSE SUITS. YOU KNOW, IN THE BAR EXAM, THERE'S A SITUATION, FOR
EXAMPLE, A LOT OF TIMES -- I KNOW THIS BECAUSE I'VE -- I HAVE SUED THEM
IN THE PAST, AND THAT IS THAT PEOPLE WILL OFTEN FILE REQUESTS FOR PEOPLE,
BAR EXAM SCORES, TO USE POLITICALLY. AND THEY NEVER DISCLOSE THAT
INFORMATION BECAUSE THEY'RE AWARE THAT THAT MIGHT HAPPEN. THIS IS NOT
THAT TYPE OF SITUATION. THIS IS VERY, VERY SERIOUS, AND I THINK EVERYBODY
WHO WOULD BE BRINGING SUCH A REQUEST BEFORE A COURT, AS WELL AS THE
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JUDGE, WOULD TAKE THIS VERY, VERY SERIOUSLY AND ACT VERY CAUTIOUSLY AND
WITH GREAT DELIBERATION.
MR. DIPIETRO: THANK YOU, MS. SIMON.
MS. SIMON: THANK YOU.
MR. DIPIETRO: THANK YOU, SIR.
ACTING SPEAKER D. ROSENTHAL: MR.
MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
MS. SIMON: YES, SIR.
MR. MONTESANO: THANK YOU. I KNOW SOME OF
THE GROUND MAY HAVE BEEN COVERED ALREADY, BUT JUST LET ME ASK THIS:
SO, A SCHOOLTEACHER OR SCHOOL OFFICIAL BRINGS ON THIS PETITION. WHO
REPRESENTS THAT SCHOOL OFFICIAL IN MAKING THE PETITION AND WHO COVERS
THE COST OF THAT PETITION?
MS. SIMON: THE -- THE LAW IS SILENT ON THAT. SO, FOR
EXAMPLE, IF SOMEONE WANTED TO BRING IT PRO SE, THEY DON'T NECESSARILY
NEED TO HIRE A LAWYER. THERE MAY VERY WELL -- WHEN THIS BILL BECOMES
LAW, THE OFFICE OF COURT ADMINISTRATION MAY CREATE A FORM OR TWO THAT
YOU COULD DOWNLOAD FOR USE. THEY MAY HAVE FORMS AT THAT COURTHOUSE
THAT COULD BE USED. PEOPLE FILE LAWSUITS AND -- AND OTHER ACTIONS PRO SE
ALL THE TIME. SO, I THINK THAT WOULD BE AVAILABLE. OR SOMEONE MIGHT
SEEK LEGAL HELP. I THINK THAT WITHIN SCHOOL COMMUNITIES THERE ARE
ALREADY PROTOCOLS FOR THOSE TIMES WHERE SCHOOLS -- THEIR TEACHERS ARE
MANDATORY REPORTERS FOR OTHER KINDS OF INFRACTIONS LIKE DRUG USE, AND
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THE POSSESSION OF -- IF YOU BRING A KNIFE TO SCHOOL OR SOMETHING LIKE
THAT, THEY HAVE TO BE REPORTED. AND SO THE SCHOOLS HAVE A MECHANISM
TO DO THAT, AND IN MY -- MY SENSE IS THAT THEY ARE LIKELY TO -- TO LOOK TO
THOSE PROTOCOLS TO GUIDE THEM IN PURSUING THIS.
MR. MONTESANO: SO, BASICALLY, IT'S GOING TO COST
THE SCHOOL DISTRICT MONEY FOR THEIR LEGAL COUNSEL TO ALLOW THE TEACHER TO
GO TO COURT AND BRING ON THIS PROCEDURE. BUT --
MS. SIMON: IT MIGHT.
MR. MONTESANO: BUT LET ME ASK YOU, IF -- IF
SOMETHING OCCURS AND THE SCHOOL PERSONNEL DOES NOT BRING ON THIS
APPLICATION, DO THEY HAVE A LIABILITY UNDER THIS LAW?
MS. SIMON: NO.
MR. MONTESANO: OKAY. NOW -- AND -- AND YOU
TOUCHED ON BEFORE THAT IF THEY BROUGHT ON AN APPLICATION AND IT WAS
UNFOUNDED, ARE THEY INSULATED FROM A LAWSUIT BY THE RESPONDENT?
MS. SIMON: THEY WOULD HAVE NO CLAIM.
MR. MONTESANO: WHAT DO YOU MEAN? IN OTHER
WORDS --
MS. SIMON: WELL, IF THEY --
MR. MONTESANO: -- IF A TEACHER BRINGS A -- A
PETITION AGAINST A STUDENT, AND THE STUDENT GOES TO COURT AND THE CASE IS
UNFOUNDED, AND THAT STUDENT NOW WANTS TO SUE THE SCHOOLTEACHER FOR
BRINGING ON THAT APPLICATION, IS THERE A LIABILITY TO THE SCHOOL TEACHER?
MS. SIMON: NO.
MR. MONTESANO: HOW COME?
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MS. SIMON: BECAUSE THERE'S NO CAUSE OF ACTION.
MR. MONTESANO: NO, THERE'S CERTAINLY A CAUSE OF
ACTION. DOES YOUR BILL PROTECT THE SCHOOLTEACHER OR THE SCHOOL
PERSONNEL FROM LIABILITY?
MS. SIMON: THE -- THE SCHOOLTEACHERS HAVE
PROTECTION ALREADY IN -- IN EXISTENCE IN -- IN SCHOOLS. BUT I DON'T SEE A
CAUSE OF ACTION BECAUSE THERE'S NO MANDATE TO REPORT --
MR. MONTESANO: NO --
MS. SIMON: AND THERE'S NO --
MR. MONTESANO: NO, I THINK YOU MISSED MY --
THE POINT OF MY QUESTION. THE TEACHER SEES IRRATIONAL CONDUCT BY A
STUDENT, MAKES A PETITION TO THE SUPREME COURT, A HEARING IS
CONDUCTED, AND THE JUDGE FINDS THAT THERE'S NO FINDING AND DISMISSES
THE CASE.
MS. SIMON: MM HM.
MR. MONTESANO: NOW THE STUDENT TURNS AROUND
AND SUES THE SCHOOLTEACHER FOR MAKING THIS APPLICATION AGAINST HIM. IS
THE TEACHER INSULATED FROM LIABILITY IN THIS LAWSUIT?
MS. SIMON: YES, BECAUSE THERE'S NO CAUSE OF
ACTION.
MR. MONTESANO: NO. OKAY. ALL RIGHT. WE
DISAGREE, SO.... THERE IS A CAUSE OF ACTION, BUT I'LL GET BACK TO THAT IN A
MINUTE. SO, LET ME ASK YOU ANOTHER QUESTION. A SCHOOLTEACHER BRINGS
OUT -- BRINGS ON A PETITION, IT GOES EX PARTE BEFORE THE COURT, THE JUDGE
ISSUES THE TEMPORARY ORDER. LAW ENFORCEMENT NOW HAS TO GO TO THE
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HOUSE TO RETRIEVE FIREARMS.
MS. SIMON: MM HM.
MR. MONTESANO: IF THE STUDENT DOESN'T OWN ANY
FIREARMS, BUT HIS PARENTS DO, IS THEIR FIREARMS TAKEN UNDER THIS
PROCEEDING?
MS. SIMON: NO.
MR. MONTESANO: IT'S NOT.
MS. SIMON: THEY HAVE TO BE SAFELY STORED.
MR. MONTESANO: OKAY.
MS. SIMON: AND THE OFFICERS WILL ENSURE THAT THEY
ARE SAFELY STORED.
MR. MONTESANO: ALL RIGHT. SO, AS LONG AS THE
STUDENT DOESN'T OWN ANYTHING, ANYONE ELSE IN HIS HOUSEHOLD IS
PROTECTED AND THEIR FIREARMS ARE NOT TAKEN AS LONG AS THEY'RE SAFELY
STORED?
MS. SIMON: THEY'RE NOT TAKEN AS LONG AS THEY ARE
SAFELY STORED.
MR. MONTESANO: OKAY. AND (PAUSE) UNDER THIS
PIECE OF LEGISLATION, IF THE SCHOOL OFFICIAL IS GOING TO MAKE THIS
APPLICATION TO THE SUPREME COURT, IS THERE AN OBLIGATION FOR THEM TO
NOTIFY LAW ENFORCEMENT AUTHORITIES OF THE SITUATION?
MS. SIMON: NOTIFICATION OF LAW ENFORCEMENT WOULD
OCCUR UPON THE ISSUANCE OF THE TEMPORARY RESTRAINING ORDER, AND THAT
WOULD BE DONE BY THE COURT.
MR. MONTESANO: OKAY. BUT HOW COME THE
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SCHOOLS DO NOT HAVE TO MAKE A NOTIFICATION TO LAW ENFORCEMENT IF THEY
HAVE A STUDENT THAT IS POSING -- HIS CONDUCT POSES A DANGER TO HIMSELF
OR TO OTHER STUDENTS OR PEOPLE? WHY ARE WE TAKING LAW ENFORCEMENT
OUT OF THE LOOP HERE?
MS. SIMON: WE'RE NOT.
MR. MONTESANO: YOU ARE.
MS. SIMON: NO, I'M NOT. LAW ENFORCEMENT CAN
BRING AN ORDER -- SO, FOR EXAMPLE, A TEACHER WHO'S WORRIED ABOUT THE
HYPOTHETICAL LIABILITY THAT YOU DISCUSS COULD VERY EASILY GO TO LAW
ENFORCEMENT AND SAY, THERE'S THIS KID I KNOW. HE'S TALKED TO ME ABOUT
HIS GUNS, HE'S TALKED TO ME ABOUT WHAT HE WANTS TO DO. I'M VERY
WORRIED ABOUT HIM, HE COULD BECOME VIOLENT. I'VE SEEN KIDS LIKE THIS
BEFORE AND THEY HAVE BEEN VIOLENT. CAN YOU DO SOMETHING? LAW
ENFORCEMENT COULD TAKE THAT EVIDENCE, COULD MAKE AN APPLICATION TO
THE COURT FOR THAT TEACHER --
MR. MONTESANO: SO --
MS. SIMON: IT DOESN'T HAVE TO BE THE SCHOOL
PERSONNEL --
MR. MONTESANO: OKAY --
MS. SIMON: -- THEY ARE JUST PERMITTED TO.
MR. MONTESANO: OKAY. SO, WHY AREN'T WE DOING
THAT?
MS. SIMON: THAT'S IN THIS BILL.
MR. MONTESANO: WHY ARE WE ADDING THIS NEW
LAYER AND PUTTING OTHER PEOPLE -- MY -- HERE'S MY CONCERN: IS THAT THE
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TEACHER TAKES IT IS UPON THEMSELF TO MAKE THIS APPLICATION --
MS. SIMON: MM HM.
MR. MONTESANO: IT TAKES THREE DAYS, IF I
UNDERSTAND THE BILL THE RIGHT --
MS. SIMON: FOR A HEARING.
MR. MONTESANO: FOR A HEARING. IN THAT
THREE-DAY PERIOD, THE SCHOOL DISTRICT OR THE TEACHER IS NOT REQUIRED TO
MAKE A SEPARATE NOTIFICATION TO LAW ENFORCEMENT THAT THIS INCIDENT HAS
OCCURRED.
MS. SIMON: NO, NO, NO. THERE WOULD -- IF -- IF THE
COURT, UPON THE FILING, ISSUES THE TEMPORARY PROTECTION --
MR. MONTESANO: RIGHT.
MS. SIMON: -- PROTECTIVE ORDER, RIGHT?
MR. MONTESANO: CORRECT.
MS. SIMON: -- THE COURT NOTIFIES LAW ENFORCEMENT.
THERE'S NO OBLIGATION FOR THE TEACHER TO DO THAT --
MR. MONTESANO: I -- I KNOW THAT --
MS. SIMON: THAT WOULD BE AN EXTRA BURDEN --
MR. MONTESANO: -- AND THAT'S MY CONCERN.
MS. SIMON: BUT WHY? WHY WOULD YOU --
MR. MONTESANO: WELL, BECAUSE IF IT'S --
MS. SIMON: I DON'T UNDERSTAND YOUR PROBLEM.
MR. MONTESANO: WELL, IF IT'S THAT MUCH OF A
PROBLEM, WHY ISN'T THERE BEING AN INSTANT NOTIFICATION TO LAW
ENFORCEMENT ALSO? IF HE'S GOT --
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MS. SIMON: THERE IS.
MR. MONTESANO: IF THE STUDENT IS POSING THAT
KIND OF DANGER, WHY ARE WE JUST FILING A PETITION? I MEAN,
MECHANICALLY -- MS. SIMON, LET ME ASK YOU THIS: HAVING IT -- LIKE MY
EXPERIENCE AS AN ATTORNEY, WE ALL MAKE IT SOUND LIKE THE COURTS REACT TO
TO THINGS SO QUICKLY. YOU COULD DOWNLOAD THE PETITION, YOU COULD FILL
IT IN, YOU COULD GO FILE IT, AND THAT'S -- AND THAT'S ALL WELL AND GOOD.
MAYBE UP HERE, OR UP IN NORTH COUNTRY WHERE THERE'S ONE JUDGE AND
THERE'S ONE COURTROOM AND THINGS MOVE ALONG BECAUSE THEY DON'T HAVE
THE VOLUME. IN MY COUNTY IN A SUPREME COURT, WE HAVE 23 PARTS, YOU
KNOW, THAT ARE BUSY ALL DAY LONG. IN NEW YORK CITY, I CAN ONLY
IMAGINE THE CALENDARS THEY'RE HOLDING. DOES -- IS THERE ANYTHING IN THIS
STATUTE THAT SAYS THE COURT HAS TO ADDRESS THIS IN THREE DAYS?
MS. SIMON: THEY HAVE TO HAVE A HEARING IN THREE
DAYS. SO, YES, THEY HAVE TO ADDRESS IT BEFORE THAT.
MR. MONTESANO: FROM THE DATE THE JUDGE SIGNS
THE TEMPORARY ORDER; AM I CORRECT?
MS. SIMON: YES.
MR. MONTESANO: OKAY. IS THERE ANYTHING IN THE
BILL THAT REQUIRES THE JUDGE TO SIGN THAT TEMPORARY ORDER IMMEDIATELY?
MS. SIMON: THE TEMP --
MR. MONTESANO: HE COULD LET IT SIT ON HIS DESK
FOR TEN DAYS.
MS. SIMON: THE TEMPORARY ORDER HAS TO BE ISSUED
THAT DAY.
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MR. MONTESANO: OKAY. AND THAT'S BY THE
SUPREME COURT?
MS. SIMON: YES.
MR. MONTESANO: OKAY. THANK YOU. THANK YOU,
MS. SIMON.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER D. ROSENTHAL: ON THE BILL.
MR. MONTESANO: THANK YOU. YOU KNOW, MR.
SPEAKER, WE'RE CREATING A WHOLE NEW AREA OF LAW HERE. WE'RE
INVOLVING PEOPLE THAT, FIRST OF ALL, ARE NOT TRAINED IN CERTAIN AREAS.
WE'RE INCLUDING EVERYBODY ON THE SCHOOLS' PAYROLL TO -- TO MAKE A
REPORT, TO MAKE ALLEGATIONS IN A COURT PETITION. YOU KNOW, IF YOU TOLD
ME IT WAS JUST A SCHOOL PSYCHOLOGIST THAT WAS GOING TO DO THIS, OR IT
WAS THE SCHOOL SOCIAL WORKER, OR THE SCHOOL NURSE THAT WAS GOING TO BE
DESIGNATED TO HANDLE THIS, I WOULD FEEL A LITTLE BIT MORE COMFORTABLE.
BUT WHEN WE LEAVE IT TO THE SCHOOLTEACHERS, TO THE COACHES, OR PEOPLE
THAT WORK IN THE LUNCH ROOM, OR ANYBODY ELSE TO MAKE THIS, WE'RE
PUTTING, FIRST OF ALL, THEM IN -- IN A PRECARIOUS SITUATION BECAUSE THERE IS
NO PROTECTION IN THIS PIECE OF LEGISLATION FOR THEM TO BE INSULATED FOR
LIABILITY IF THEY MAKE SUCH AN ALLEGATION AND PETITION AND IT'S
UNFOUNDED. PEOPLE SUE -- SUE SCHOOL DISTRICTS NOW BECAUSE OF EXCESS
HOMEWORK AND EVERYTHING ELSE THAT GOES ON IN THE SCHOOLS. BUT ALSO,
WE'RE CREATING A SCENARIO HERE WHERE PEOPLE'S, YOU KNOW, RIGHTS, CAN
EASILY BE VIOLATED WITHOUT THE PROPER OVERSIGHT. AND THE SAME THING
WITH THE MECHANICS IN THE COURTS THAT THE TEMPORARY ORDER HAS TO BE
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NYS ASSEMBLY JUNE 13, 2018
SIGNED THE SAME DAY. SO, YOU MAKE THIS PETITION, YOU GO IN, A JUDGE
SIGNS IT. UNBEKNOWNST TO THE STUDENT, HE NOW COMES UNDER THE -- THE
JURISDICTION OF A COURT. HIS PARENTS HAVE TO GO OUT AND RETAIN LEGAL
COUNSEL, IF THEY CAN. IF NOT, ONE HAS TO BE APPOINTED. SO, THIS
THREE-DAY TURNAROUND WHERE THERE HAS TO BE A HEARING IN THREE DAYS IS
NOT REALISTIC. IT JUST DOESN'T HAPPEN THAT WAY. WE HAVE PROVISIONS NOW
IN FAMILY COURT, AND YOU NEVER SEE PEOPLE GET THEIR HEARINGS IN THE
STATUTORY AMOUNT OF TIME. AND OF COURSE COURTS ARE NOTORIOUS --
SPEAKING ONLY FROM MY EXPERIENCE DOWN HOME, I CAN'T SPEAK FOR UP
HERE -- IS THEY'RE NOTORIOUS THAT ANYTHING THAT HAS TO BE ADJOURNED IS 30
DAYS. THEY HAND OUT 30-DAY ADJOURNMENTS LIKE THEY WERE CANDY. SO,
THESE PROCEEDINGS CAN GO ON AND GO ON AND GO ON. YOU KNOW, I
SUPPORTED THE -- THIS FIRST BILL WHEN IT CAME OUT BECAUSE IT WAS -- IT WAS
-- IT WAS NECESSARY AND IT WAS COHESIVE AND IT SERVED A LEGITIMATE
PURPOSE.
TO FOLLOW UP ON MY COLLEAGUE'S COMMENT BEFORE, THIS
IS A POLITICAL PLOY FROM THE GOVERNOR TO CURRY MORE FAVOR WITH PEOPLE.
SO, LET'S INVOLVE THE -- THIS ISN'T GOING TO STOP ANYTHING ELSE FROM
HAPPENING. IT REALLY DOESN'T. YOU KNOW, IN PARKLAND -- EVERYBODY
WANTS TO TALK ABOUT PARKLAND. IN PARKLAND, IT WAS THE SCHOOL PEOPLE
THAT DROPPED THE BALL ON THAT STUDENT. IT WAS THE LAW ENFORCEMENT
PERSONNEL THAT DROPPED THE BALL ON THAT STUDENT. EVERYBODY FAILED THAT
STUDENT. ALL THE MARKINGS WERE THERE. SO WE COULD HAVE ALL THE LAWS
WE WANT, BUT IF PEOPLE DON'T ACT THE WAY THEY'RE SUPPOSED TO AND
RESPONSIBLE, THOSE THAT ARE IN AUTHORITY, WE'RE GOING TO CONTINUE TO HAVE
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NYS ASSEMBLY JUNE 13, 2018
THESE TYPES OF SITUATIONS.
UNFORTUNATELY, BECAUSE OF THE CONTENTS OF THIS
AMENDMENT TO THIS PIECE OF LEGISLATION, I CANNOT SUPPORT IT. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER D. ROSENTHAL: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER D. ROSENTHAL: WILL THE
SPONSOR YIELD?
MS. SIMON: YES.
ACTING SPEAKER D. ROSENTHAL: THE SPONSOR
YIELDS.
MS. WALSH: THANK YOU, MS. SIMON. I JUST HAVE A
COUPLE OF CLARIFYING QUESTIONS. I THINK MANY OF MY QUESTIONS HAVE
ALREADY EXPLORED BY -- BY MY COLLEAGUES. ONE OF MY QUESTIONS,
THOUGH, HAS TO DO WITH, I KNOW THAT THIS BILL EXPANDS THE GROUP OF
PEOPLE WHO ARE CONSIDERED TO PETITIONERS. I UNDERSTAND THAT.
MS. SIMON: MM HM.
MS. WALSH: MY QUESTION HAS TO DO WITH WHO THE
RESPONDENT IS IN THE CASE OF A STUDENT? LET'S SAY YOU HAVE -- LET'S --
HYPOTHETICALLY, LET'S JUST TAKE A -- A 15-YEAR-OLD STUDENT AND THE REPORT
IS MADE ON THAT STUDENT. IS THAT STUDENT CONSIDERED THE RESPONDENT, OR
IS IT HIS OR HER PARENTS WHO ARE THE RESPONDENTS?
MS. SIMON: THE STUDENT -- IF THE STUDENT IS
UNDERAGE, THEN THE PARENT WOULD BE, AS THE GUARDIAN, WOULD BE THE
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NYS ASSEMBLY JUNE 13, 2018
LEGAL -- THE LEGAL -- THE LEGALLY-SUFFICIENT PERSON TO, YOU KNOW, ENGAGE.
MS. WALSH: OKAY.
MS. SIMON: SO, YOU -- YOU WOULDN'T BE, YOU KNOW
-- YOU KNOW, THE STUDENT THEMSELVES WOULDN'T BE THE RESPONDENT. THEY
WOULD BE, THROUGH THEIR PARENT.
MS. WALSH: OKAY. NOW --
MS. SIMON: OR GUARDIAN.
MS. WALSH: OKAY. SO, IF YOU HAVE -- AND THIS
MATTER WOULD BE HEARD IN STATE SUPREME COURT RATHER THAN FAMILY
COURT; IS THAT CORRECT?
MS. SIMON: THIS IS THE SUPREME COURT, YES.
MS. WALSH: OKAY. NOW -- SO, I THINK THAT THE FACT
THAT YOU'RE CONSIDERING THE PARENTS TO BE THE RESPONDENTS RATHER THAN A
STUDENT, I THINK ANSWERS MY NEXT QUESTION WHICH IS: WOULD THERE BE
ANY ATTORNEY FOR THE CHILD ASSIGNED TO REPRESENT THAT MINOR IN THIS
PROCEEDING?
MS. SIMON: THERE CERTAINLY COULD BE. THAT WOULD
BE UP TO THE JUDGE AND MAYBE A GUARDIAN AD LITEM. IT SEEMS TO ME THAT
THERE COULD BE A -- AN APPLICATION MADE FOR GUARDIAN AD LITEM FOR THAT
STUDENT. AND THAT IS NOT AN UNCOMMON PROCEDURE. WE HAVE, YOU
KNOW, PROCESSES FOR THAT ALREADY.
MS. WALSH: IS THE BILL, THE WAY IT'S WRITTEN RIGHT
NOW, SILENT ON THAT ISSUE, THOUGH?
MS. SIMON: IT DOESN'T --
MS. WALSH: THAT WOULD BE UP TO THE DISCRETION OF
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THE -- OF THE COURT?
MS. SIMON: YEAH, BECAUSE BASICALLY -- BECAUSE THIS
BILL IS WRITTEN TO KEEP GUNS OUT OF THE HANDS OF PEOPLE WHO SHOULDN'T
HAVE THEM, AND WHO ARE EXHIBITING THESE -- THESE BEHAVIORS. AND SO
THAT PERSON COULD BE A MINOR. IT COULD ALSO BE SOMEBODY WHO'S NOT A
MINOR. SO, THE BILL DOESN'T TAKE ON ADDITIONAL DISTINCTIONS WITH THAT --
IN THAT REGARD, AND LEAVES THAT TO THE COURTS TO FOLLOW THEIR USUAL
PROCESSES FOR -- FOR A GUARDIAN AD LITEM APPOINTMENT, OR FOR WHO WOULD
SPEAK ON BEHALF OF THE CHILD IN COURT.
MS. WALSH: OKAY. THANK YOU. AND THEN YOU HAD
SAID IN RESPONSE TO AN EARLIER QUESTION THAT IF -- IF YOU HAVE THE
SITUATION WHERE THE INDIVIDUAL THAT THEY'RE CONCERNED ABOUT IS
UNDERAGE, IT'S -- IT WOULD BE HIGHLY UNLIKELY THAT THAT UNDERAGE PERSON
COULD BE IN POSSESSION OF THEIR OWN FIREARM BECAUSE THEY -- BECAUSE OF
THEIR AGE, BUT IT WOULD BE THE PARENTS OR OTHER HOUSEHOLD MEMBERS, IT
WOULD THEIR FIREARMS THAT WOULD BE IN QUESTION, CORRECT?
MS. SIMON: IF -- UNLESS THE STUDENT IS IN POSSESSION
OF AN ILLEGAL FIREARM, FOR EXAMPLE --
MS. WALSH: OKAY.
MS. SIMON: -- WHICH COULD HAPPEN. AND THEN YOU
HAVE A DIFFERENT CIRCUMSTANCE AS WELL. BUT, YES, IT WOULD -- IF THE
PARENT HAS A GUN AND -- AND WE KNOW FROM SOME OF THESE SHOOTINGS,
THE ONE PARENT, THE -- THE STUDENT CAME INTO -- INTO CONNECTION WITH LAW
ENFORCEMENT AND THEY TOOK HIS GUNS AWAY AND THE PARENT GAVE THEM
BACK. SO, THAT PARENT, I THINK, WOULD HAVE SOME LIABILITY IN THAT REGARD.
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BUT, MORE OFTEN THAN NOT, THE -- THE GUN CASE IS LEFT UN -- UNLOCKED, OR
THERE ISN'T ONE, AND THE GUNS ARE NOT SAFELY STORED AND THE CHILDREN GET
-- GET AHOLD OF THE -- OF THE GUN. SO, THIS SEEKS TO ENSURE THAT THE -- THE
YOUNG PEOPLE ARE PROTECTED, GOING FORWARD. AND THAT WOULD ALSO BE
THE CASE IF IT WAS AN ADULT WHO LIVED IN THE HOUSEHOLD, BUT DID NOT OWN
THOSE GUNS. THE PERSON WHO IS THE OWNER, UPON THE TEMPORARY
RESTRAINING ORDER, THE GUNS WOULD BE -- WOULD BE REMOVED. AND THEN
AT THE HEARING IF YOU CAN DEMONSTRATE IT'S NOT THAT PERSON'S GUN, THEN
THE GUNS WOULD BE RETURNED IMMEDIATELY.
MS. WALSH: OKAY. SO --
MS. SIMON: BUT BE SAFELY STORED.
MS. WALSH: OKAY. SO, THE LAST QUESTION -- THE LAST
KIND OF QUESTIONS THAT I'VE GOT HAVE TO DO WITH THAT ISSUE OF REMOVAL
VERSUS SAFELY SECURED.
MS. SIMON: MM HM.
MS. WALSH: IN RESPONSE TO AN EARLIER QUESTION, YOU
SAID THAT THE FIREARMS WOULD NOT BE REMOVED, THEY WOULD JUST BE
ENSURED THAT THEY WERE SAFELY SECURED. SO -- BUT COULD THEY BE
REMOVED IN SOME INSTANCES? I -- I WAS JUST UNCLEAR AS TO WHETHER THAT
WAS ALSO AN OPTION.
MS. SIMON: THEY COULD BE REMOVED TEMPORARILY
UNTIL THE HEARING. AND A HEARING HAS TO BE SCHEDULED WITHIN THREE TO
SIX DAYS.
MS. WALSH: OKAY. SO, IN -- IN TERMS OF THE PHRASE
THAT YOU USED, "SAFELY SECURED," WHAT DOES THAT MEAN? WHAT DOES
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"SAFELY SECURED" MEAN?
MS. SIMON: LOCKED AWAY.
MS. WALSH: AND DOES THAT SAY THAT IN THE BILL
ITSELF? DOES IT DEFINE WHAT SAFELY SECURED MEANS?
MS. SIMON: IT'S IN THE PENAL LAW WHAT THE
DEFINITION OF SAFELY SECURED IS.
MS. WALSH: ALL RIGHT. AND WHO WOULD BE
DETERMINING OR ENSURING THAT THE FIREARMS WERE SAFELY SECURED IN THE
HOME?
MS. SIMON: LAW ENFORCEMENT. NOW, YOU KNOW,
OBVIOUSLY, WITHIN SOMEONE'S HOME, IF SOMEBODY DOESN'T DO IT, YOU
KNOW, THERE'S -- THERE'S NOT GOING TO BE A MONITOR SET UP OR CAMERA SET
UP TO ENSURE THAT -- THAT THAT HAPPENS. BUT LAW ENFORCEMENT, IT SERVES
THAT -- THAT ORDER AND ENSURES THAT THERE'S A PLACE FOR THEM TO BE SAFELY
STORED.
MS. WALSH: SO, JUST FOLLOWING THAT THROUGH. IF AN
ORDER IS ISSUED AND LAW ENFORCEMENT GOES TO THE HOME, I ASSUME SERVES
THE ORDER, WOULD THERE THEN BE ENTRANCE INTO THE HOME, A -- A LOOK
AROUND THE HOME, A SEARCH AND A DETERMINATION AS TO WHETHER THOSE
FIREARMS WERE SAFELY SECURED?
MS. SIMON: IF ORDERED BY THE COURT, YES.
MS. WALSH: OKAY. OKAY. JUST DOUBLE-CHECKING.
ALL RIGHT. THANK YOU.
MS. SIMON: THANK YOU.
ACTING SPEAKER AUBRY: MR. RAIA.
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MR. RAIA: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR JUST YIELD FOR A QUICK COUPLE OF QUESTIONS?
MS. SIMON: CERTAINLY.
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
SIMON?
MS. SIMON: YES.
MR. RAIA: THANK YOU, MS. SIMON.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RAIA: UMM, I -- I APOLOGIZE, I WAS AT THE RULES
COMMITTEE MEETING WHEN THE DEBATE STARTED, SO IF YOU COVERED --
COVERED THIS GROUND OR THIS QUESTION, I APOLOGIZE. WE ADDED A -- A LOT
OF DIFFERENT SCHOOL OFFICIALS TO THE LIST. DID WE ADD SCHOOL RESOURCE
OFFICERS AS WELL?
MS. SIMON: IT SAYS, SCHOOL PERSONNEL, INCLUDING,
BUT NOT LIMITED TO...
MR. RAIA: OKAY.
MS. SIMON: SO SCHOOL RESOURCE OFFICERS WOULD
OBVIOUSLY COME IN UNDER THAT.
MR. RAIA: ALL RIGHT. BECAUSE USUALLY THEY'RE
RETIRED POLICE OFFICERS AND HAVE THE ABILITY TO JUDGE PEOPLE.
MS. SIMON: YES. MM HM.
MR. RAIA: AND THEN JUST OUT OF CURIOSITY, WHERE'S
THE TEACHER -- WHERE'S NYSUT, THE TEACHERS' UNION ON THIS?
MS. SIMON: NYSUT, THE UFT AND THE -- THE
COUNCIL OF SCHOOL SUPERVISORS AND ADMINISTRATORS ARE ALL IN SUPPORT OF
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THIS BILL.
MR. RAIA: OKAY. THANK YOU.
ACTING SPEAKER AUBRY: MR. LAVINE.
MR. LAVINE: WILL MS. SIMON YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
SIMON?
MS. SIMON: YES, I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. LAVINE: JO ANNE, IF THIS BECOMES LAW, DOES IT
HAVE THE POTENTIAL TO SAVE REAL LIVES?
MS. SIMON: YES.
MR. LAVINE: IF THIS BECOMES LAW, WILL IT HELP
PEOPLE IN NEW YORK STATE AND NATIONALLY REALIZE THAT THEY, TOO, IN THE
FACE OF DANGER, CAN TAKE STEPS TO PROTECT THEIR FAMILIES?
MS. SIMON: YES, IT DOES.
MR. LAVINE: MS. SIMON, DO YOU BELIEVE THAT LAWS
CAN CHANGE THE HEARTS OF MEN AND WOMEN?
MS. SIMON: I DO. THIS IS A COUNTRY OF LAWS.
MR. LAVINE: DO YOU BELIEVE THERE'S VERY LITTLE
TRUTH IN THE OLD ADAGE, THE OLD REFRAIN THAT YOU CAN'T LEGISLATE WHAT'S
RIGHT?
(NO RESPONSE)
YES.
MS. SIMON: YES.
MR. LAVINE: DO YOU --
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(LAUGHTER)
DO YOU BELIEVE -- DO YOU BELIEVE --
MS. SIMON: HE'S ANSWERING HIS OWN QUESTION.
MR. LAVINE: -- THAT LAWS NOT ONLY PROVIDE CONCRETE
BENEFITS, BUT THEY CAN CHANGE THE HEARTS OF PEOPLE?
MS. SIMON: YES, I DO.
MR. LAVINE: THEN YOU AGREE WITH THURGOOD
MARSHALL, WHO I RELY ON GREATLY.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LAVINE: SOMEONE DURING THIS DEBATE
MENTIONED THAT -- OR INTIMATED, LET'S SAY, BUT I THINK THEY MENTIONED.
THEY SAID THAT THOSE OF US WHO WILL VOTE FOR THIS, WE ARE PEOPLE WHO
DON'T LIKE GUNS. LET ME MAKE IT PERFECTLY CLEAR: I BELIEVE IN THE 2ND
AMENDMENT. I GREW UP IN A PLACE WHERE MANY PEOPLE HAD FIREARMS
AND THAT WASN'T OUR PROBLEM. OUR PROBLEM WAS THOSE FEW PEOPLE WHO
LIKED THEIR LITTLE GUNS A WHOLE LOT TOO MUCH. NOW, I'M NOT TAKING
PERSONALLY THE STATEMENT THAT I JUST DON'T LIKE GUNS BECAUSE I'M GOING TO
VOTE FOR THIS. AND THERE ARE SOME OTHER THINGS THAT I DON'T TAKE
PERSONALLY. ALTHOUGH I HAVE SEEN THE PROLIFERATION OF FIREARMS IN THIS
NATION OVER THE COURSE OF THE LAST 40 OR 50 YEARS, SO I DIDN'T TAKE IT
PERSONALLY BACK IN 2010 WHEN I WAS RUNNING FOR -- IN AN ELECTION AND
MY OPPONENT BROUGHT A GUY WITH A 9MM PISTOL STRAPPED TO HIS HIP TO A
DEBATE IN A SYNAGOGUE. I DIDN'T TAKE THAT PERSONALLY. I DIDN'T TAKE IT
PERSONALLY WHEN THE NRA SAID IT WAS TARGETING ME FOR A DEFEAT AND
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WANTED TO TAKE A SHOT AT GETTING RID OF ME. THAT I DIDN'T TAKE
PERSONALLY. AND A COUPLE OF YEARS LATER WHEN THE NRA SENT OUT A -- A
FLYER TO ITS MEMBERS SAYING THEY SHOULD VOTE AGAINST ME BECAUSE I HAD
THE AUDACITY TO ARGUE FOR GUN CONTROL LEGISLATION, I DIDN'T TAKE THAT
PERSONALLY. BUT THERE IS SOMETHING THAT I BEGAN TO TAKE A LITTLE MORE
PERSONALLY RECENTLY. SCOTT BEIGEL, WHO IS A -- WAS A TEACHER AT
PARKLAND, WAS A VERY DEAR FRIEND OF A COUSIN. AND I BEGAN TO TAKE THAT
A LITTLE PERSONALLY. AND AT THE BEGINNING OF 2017, I DRAFTED A -- A -- A
BILL VERY SIMILAR TO THIS, AND I DRAFTED THAT AFTER SPEAKING WITH MARK
BARDEN. MARK BARDEN'S CHILD WAS MURDERED AT SANDY HOOK. SO, YES,
SOME STUFF WE TAKE PERSONALLY; SOME STUFF WE DON'T. EACH OF US HAS TO
TAKE PERSONALLY THE FACT THAT WE ARE RESPONSIBLE FOR PROTECTING PEOPLE'S
LIVES. WHAT WE DO HERE IS LIFE AND DEATH. AND I WANT TO SAY TO MS.
SIMON, THE SPONSOR OF THIS BILL, HOW PROUD I AM OF THE WORK SHE HAS
DONE, AND THAT AS SOON AS WE START VOTING, I WILL VERY PERSONALLY BE
HAPPY TO VOTE IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BUTLER TO EXPLAIN HIS VOTE.
MR. BUTLER: WELL, THANK YOU VERY MUCH, MR.
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SPEAKER. I WOULD JUST POINT OUT TO MY COLLEAGUES, WE'VE READ IN THE
NEW YORK NEWSPAPERS OVER THE LAST COUPLE OF DAYS, THERE HAVE BEEN
TWO HORRIFIC INCIDENTS IN NEW YORK CITY, DOMESTIC DISPUTES WHERE THE
MALE HAS USED LIGHTER FLUID, PUT IT ON THE FEMALE, LIT HER ON FIRE. ONE
WOMAN DIED, ANOTHER IS VERY SERIOUSLY INJURED. SO MY QUESTION IS, DO
WE SIT HERE AND WAIT NOW FOR THE BILL TO BAN LIGHTER FLUID AND MATCHES
AND CIGARETTE LIGHTERS? YOU CAN'T COVER EVERY CONTINGENCY. PEOPLE ARE
PEOPLE. AND THIS BILL IS BASED ON THE ASSUMPTION THAT PEOPLE THAT ARE --
CLEARLY HAVE MENTAL ILLNESS ISSUES ARE GOING TO ACT RATIONALLY WHEN YOU
TAKE THIS ACTION AGAINST THEM.
SO I -- I THINK THE BILL IS -- ONE OF MY COLLEAGUES SAID
IS DRIVEN MORE BY POLITICS THAN ANYTHING ELSE, AND FOR THAT REASON, MR.
SPEAKER, I INTEND TO VOTE NO ON THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MR. BUTLER IN THE
NEGATIVE.
MR. WALTER, ON THE BILL. TO EXPLAIN HIS VOTE.
MR. WALTER: YES, TO EXPLAIN MY VOTE, MR.
SPEAKER. THANK YOU VERY MUCH. WE VOTED AND PASSED A GOOD BILL
BACK IN MARCH. AND I VOTED FOR IT AND I WAS HAPPY TO VOTE FOR IT. I
THINK IT WAS A GOOD, WELL-THOUGHT-OUT BILL. BUT THIS BILL IS PURELY
POLITICS. AND I IMPLORE YOU, MR. SPEAKER -- AND MR. SPEAKER, I
IMPLORE YOU, WE ARE AN INDEPENDENTLY-ELECTED BRANCH OF GOVERNMENT.
WE HAVE INDEPENDENCE FROM THE SECOND FLOOR. WE ARE SUBJUGATING
OURSELVES TO THE GOVERNOR FOR POLITICAL PURPOSES ONLY WHEN WE TAKE UP
THIS BILL TODAY. AND THAT'S WHAT WE'RE DOING. IT'S NOT RIGHT. AND WHAT
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NYS ASSEMBLY JUNE 13, 2018
HAVE WE TRULY DONE? WE'RE TALKING ABOUT THE POTENTIAL TO SAVE LIVES, AS
MY COLLEAGUE MENTIONED EARLIER? WELL, HAVE WE DONE ANYTHING ABOUT
PUTTING SROS IN EVERY SINGLE SCHOOL? NO. WE HAVEN'T DONE A THING,
AND THAT HAS THE POTENTIAL TO ACTUALLY SAVE LIVES. HAVE WE DONE
ANYTHING ABOUT SECURING OUR SCHOOLS? HAVE WE ADDED ANY PHYSICAL
COMPONENTS TO OUR SCHOOLS, PAID FOR ANY SECURITY MEASURES IN OUR
SCHOOLS THAT WOULD ACTUALLY HAVE THE POTENTIAL TO SAVE LIVES? NO. WE
HAVEN'T DONE ANYTHING LIKE THAT. AND WE FAIL THE STUDENTS OF THIS STATE
WHEN WE DON'T TAKE UP THOSE TYPE OF ISSUES THAT CAN HAVE ACTUAL
BENEFITS TODAY. THIS IS A BILL THAT'S NOT GOING TO GO ANYWHERE. IT'S NOT
GOING TO PASS THE SENATE. BUT IT IS GOING TO GIVE THE GOVERNOR A
PLATFORM TO POLITIC ON, AND THAT'S WRONG THAT WE'RE DOING THAT TODAY ON
THE BACKS OF STUDENTS, GAMBLING ON THEIR LIVES BECAUSE WE'RE PLAYING
POLITICS HERE. IT'S NOT RIGHT, AND WE SHOULDN'T BE DOING IT.
I VOTE IN THE AFFIRMATIVE, THOUGH, BECAUSE IT IS A GOOD
IDEA TO DO THIS.
(LAUGHTER/APPLAUSE)
ACTING SPEAKER AUBRY: MR. WALTER IN THE
AFFIRMATIVE.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. YOU KNOW, I -- I
DON'T KNOW HOW TO FOLLOW THAT UP, BUT I -- I DO HAVE A BIT OF AN UNEASY
FEELING WITH THIS. I DID VOTE FOR THE BILL -- IN IN MARCH, AND I'M VOTING
FOR -- FOR THIS ONE TODAY. BUT IT'S DISAPPOINTING THAT HERE WE ARE, WE
ARE ON OUR FIFTH-TO-LAST DAY OF SESSION, AND THERE WERE CONVERSATIONS
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BACK THEN. DOWN THE HALL THEY PASSED A NUMBER OF SCHOOL SAFETY
MEASURES WHICH I THINK WERE GOOD BILLS. WE PASSED A -- A PACKAGE OF
GUN-RELATED PIECES OF LEGISLATION, MANY OF WHICH I VOTED FOR. AND IF
YOU WANT TO TALK ABOUT POLITICS, POLITICS HAS GOTTEN IN THE WAY OF THERE
BEING REALLY A SOLUTION THAT WILL BENEFIT OUR STATE. AND I HATE TO SAY IT,
BUT -- BUT IT REALLY LOOKS LIKE WE MAY LEAVE HERE WITHOUT DOING
ANYTHING MAJOR WITH REGARD TO THIS -- THIS ISSUE. AND -- AND I THINK WE
SHOULD BE THINKING ABOUT LOOKING AT THOSE SCHOOL SAFETY MEASURES.
ONE OF MY COLLEAGUES, YOU KNOW, MENTIONED THE INCLUSION OF SCHOOL
RESOURCE OFFICERS IN THIS. THAT -- THAT'D BE GREAT IF THEY HAVE THE
OPPORTUNITY, BECAUSE THEY'RE WELL-TRAINED INDIVIDUALS. BUT WHY AREN'T
WE TALKING ABOUT ALLOWING MORE DISTRICTS TO -- TO HAVE THOSE TYPES OF
INDIVIDUALS? AND THAT DOESN'T JUST BENEFIT IN VIOLENT SITUATIONS. IT
BENEFITS IN DRUG SITUATIONS, IT BENEFITS WITH BULLYING. IT BENEFITS WITH
ALL KINDS OF PROBLEMS THAT OUR SCHOOL-AGED CHILDREN FACE BECAUSE THERE
BECOMES A TRUSTED INDIVIDUAL THAT THEY CAN GO TO IN THEIR SCHOOLS. IT
CREATES TRUST WITH THEIR LOCAL POLICE DEPARTMENTS, AND IT'S SOMETHING WE
HAVE TO HAVE A HECK OF A LOT MORE CONVERSATION ABOUT AND -- AND TRY TO
HELP ADDRESS THAT ISSUE BY -- BY MAKING THAT MORE AVAILABLE TO -- TO THE
CHILDREN OF THIS STATE THROUGH THEIR SCHOOLS.
SO I'M GOING TO CAST MY VOTE IN THE AFFIRMATIVE, BUT I
HOPE THAT WE WILL LOOK AT THIS ISSUE FROM A MUCH MORE HOLISTIC
PERSPECTIVE THAN JUST LOOKING AT FIREARMS. THANK YOU.
ACTING SPEAKER AUBRY: MR. RA IN THE
AFFIRMATIVE.
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NYS ASSEMBLY JUNE 13, 2018
MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. I HAD A CONVERSATION WITH A SCHOOL SUPERINTENDENT
AFTER READING AN ARTICLE IN NEWSDAY ABOUT THIS LEGISLATION, AND I SAID,
WHAT DO YOU THINK? AND HE SAID, MY FIRST IMPRESSION WAS IT'S POLITICS.
AND HE SAID, WE HAVE THINGS UNDER CONTROL. AND WHEN I SEE HOW THE
TEACHERS' UNION IS SUPPORTING THIS -- AND I HAVE TO SAY, THEY -- THEY
THINK THEY SPEAK FOR ALL OF THEIR MEMBERS. THEY DON'T. WHAT -- WHAT
CONCERNS ME ABOUT THIS LEGISLATION IS THAT WHEN YOU LOOK AT THESE HIGH-
PROFILE SHOOTINGS THAT WE'VE HAD, THESE KIDS HAVE PUT SOME THOUGHT AND
SOME EFFORT AND PLANNING INTO THESE ACTIONS. AND IF I WERE AN
EDUCATOR, I'D BE VERY CONCERNED ABOUT THIS BECAUSE NOW YOU'RE GIVING
ME THE POWER TO REPORT ONE OF THESE STUDENTS WHEN I ALREADY HAVE THE
POWER TO MAYBE REPORT THAT KID TO THE POLICE ALREADY OR TO A MENTAL
HEALTH PROFESSIONAL. BUT NOW, THESE POTENTIAL SHOOTERS NOW KNOW THAT
THEIR TEACHERS OR ANYONE IN THEIR SCHOOL COULD POSSIBLY REPORT THEM.
AND THAT PUTS A TARGET ON ALL OF THESE PEOPLE'S BACKS. SO I THINK IT'S
POTENTIALLY DANGEROUS TO DO SOMETHING LIKE THIS WHEN ONE OF MY SCHOOL
SUPERINTENDENTS SAYS, WE ALREADY HAVE THINGS UNDER CONTROL WHEN WE
HAVE A KID THAT WE ARE CONCERNED ABOUT.
SO, I THINK THIS IS A BAD IDEA. I THINK THIS IS NOTHING
BUT POLITICS, AND I THINK IT'S POTENTIALLY DANGEROUS. AND FOR THAT REASON,
I AM VOTING NO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE
NEGATIVE.
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NYS ASSEMBLY JUNE 13, 2018
MS. FAHY.
MS. FAHY: THANK YOU, MR. SPEAKER. AND I RISE TO
EXPLAIN MY VOTE. I'M SUPPORTING THIS MEASURE, AND I COMMEND THE
SPONSOR, AS WELL AS THE CHAIR AND THE SPEAKER, IN BRINGING THIS
FORWARD. I DO NOT BELIEVE THAT THIS IS ABOUT POLITICS. I BELIEVE THIS IS --
THAT WE'RE FINALLY RECOGNIZING THAT ENOUGH IS ENOUGH, AND THAT WE
CANNOT BE VIGILANT ENOUGH IN TRYING TO PREVENT TRAGEDY UPON TRAGEDY
UPON TRAGEDY. EXTREME RISK PROTECTION ORDERS ARE COMMONLY REFERRED
TO AS "RED FLAG ORDERS," AND THAT'S EXACTLY WHAT THIS IS, IS TRYING TO RAISE
RED FLAGS WHILE GRANTING DUE PROCESS RIGHTS AND -- AND MAKING SURE THAT
WE USE DUE PROCESS MEASURES, BUT ALSO MAKING SURE THAT THOSE FLAGS ARE
ADDRESSED AND NOT JUST IGNORED. AND WE'VE SEEN TOO MANY INCID --
INCIDENCES ACROSS THIS COUNTRY WHERE RED FLAGS WERE IGNORED OR RED
FLAGS WERE THERE AND THEY WEREN'T ADDRESSED. THE SCHOOLS OFTEN ARE THE
PLACE WHERE WE SEE, AND OFTEN STUDENTS, FACULTY, EDUCATORS OFTEN SEE
THE MOST. THEY -- BECAUSE OF SOCIAL MEDIA, BECAUSE OF OTHER
INCIDENCES, THEY OFTEN HAVE GREATER INSIGHT THAN WHAT OTHERS MAY HAVE.
I WILL SAY, MY CHILDREN WENT TO SCHOOL RIGHT HERE IN
ALBANY, AND I REMEMBER WHEN MY SON STARTED HIGH SCHOOL, AND EVEN
WHEN MY DAUGHTER STARTED MIDDLE SCHOOL, THEY HAD TO GO THROUGH METAL
DETECTORS. AND I WAS TROUBLED WHEN THAT BEGAN. AND I REMEMBER
HAVING TO TALK THEM THROUGH THAT, YES, IN ALBANY HERE, YOU'RE GOING
PASS A METAL DETECTOR TO GO THROUGH -- TO GET INTO YOUR BUILDING. I
TALKED THEM THROUGH IT, EXPLAINED TO THEM THAT IT'S -- IT'S FOR THEIR OWN
SAFETY, AND NOW I COULDN'T BE MORE GRATEFUL THAT THEY HAD TO WALK
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NYS ASSEMBLY JUNE 13, 2018
THROUGH A METAL DETECTOR EVERY DAY BEFORE THEY WENT TO SCHOOL. AND I
HAVE A FEELING WE'LL SEE THAT REPLICATED THROUGHOUT THE COUNTRY BECAUSE
IT JUST ADDED ONE DEGREE OF SAFETY FOR OUR CHILDREN. THOSE STATES WITH
THE TOUGHEST LAWS HAVE THE LOWEST GUN VIOLENCE, AND I'M PROUD TO
SUPPORT THIS LEGISLATION.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MONTESANO TO
EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU, MR. SPEAKER. YOU
KNOW, JUST TO REITERATE. IT'S -- IT'S A HARD BILL, BECAUSE LIKE I SAID, VOTING
FOR IT ON THE UNDERLYING BILL A COUPLE MONTHS AGO. BUT IF WE'RE THAT
SERIOUS, IF WE'RE THAT CONCERNED ABOUT RAISING THE RED FLAG AND TAKING
ACTION WHEN WE RAISE THE RED FLAG, THEN THIS BILL SHOULD CONTAIN A
PROVISION IN IT TO MAKE IT MANDATORY FOR THE SCHOOL OFFICIALS TO MAKE
THE REPORT, AND TO NOTIFY LAW ENFORCEMENT AUTHORITIES IMMEDIATELY.
AND IF THEY FAIL TO DO SO, THE STRICTEST OF PENALTIES SHOULD BE ATTACHED TO
THIS BILL. BUT TO HAVE A BILL LIKE THIS THAT SAYS THEY "MAY", SO IF THEY
FEEL LIKE DOING IT, AND THERE'S NO PENALTY FOR NOT DOING IT, DOESN'T
ADDRESS THIS ISSUE THE WAY IT'S BEING PROPOSED.
SO FOR THAT REASON AND MANY OTHERS, I'LL BE VOTING IN
THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON TO EXPLAIN
HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER. IN MARCH,
THIS BODY PASSED AN EARLIER VERSION OF THIS LAW WHICH CREATED EXTREME
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RISK PROTECTION ORDERS TO ALLOW FAMILY MEMBERS AND LAW ENFORCEMENT
THE ABILITY TO STEP IN IF INDIVIDUALS POSED A RISK OF DANGER TO THEMSELVES
OR OTHERS. THAT BILL DID NOT GIVE AUTHORIZATION TO TEACHERS AND OTHER
SCHOOL PERSONNEL TO STEP IN. IN RESPONSE TO DEVASTATING SCHOOL
SHOOTINGS ACROSS THE COUNTRY, THE GOVERNOR HAS PROPOSED THIS ADDITION,
WITH THE SUPPORT OF NYSUT, THE UFT, AND THE COUNCIL OF SCHOOL
SUPERVISORS AND ADMINISTRATORS. AND I SUPPORT HIS PROPOSAL.
THE RECENT SHOOTINGS IN PARKLAND, FLORIDA AND SANTE
FE, TEXAS HAVE SHAKEN THIS COUNTRY TO ITS CORE. I'M SO PROUD OF THE
YOUNG PEOPLE OF PARKLAND AND ELSEWHERE WHO ARE STANDING UP AND
SPEAKING UP FOR THEIR LIVES. THEY, THE FIRST OF THE POST-COLUMBINE
GENERATION, ARE CHANGING THE WORLD AND I'M PLEASED TO HELP AMPLIFY
THEIR VOICES. I GRIEVE FOR THE STUDENTS AT SANTE FE, AND ONE WHO SAID ON
TV THAT SHE WASN'T SURPRISED THAT THIS TYPE OF GUN VIOLENCE HAD
HAPPENED AT HER SCHOOL BECAUSE IT'S HAPPENING EVERYWHERE. I THINK
THAT IS A STUNNING, PROFOUND SHAME ON THIS COUNTRY. AFTER THE SHOOTING
IN PARKLAND WHICH CLAIMED 17 LIVES AND LEFT MANY OTHERS INJURED, AND
SIMILARLY AT SANTE FE WHERE 10 PEOPLE WERE KILLED, WE LEARNED THAT THE
SHOOTERS HAD HISTORIES OF ESCALATING ISOLATION AND VIOLENCE, AND THAT
FAMILY, SCHOOL PERSONNEL AND OTHERS CLOSE TO THEM WERE CONCERNED
ABOUT THEIR BEHAVIOR. THEY REPORTED IT TO LAW ENFORCEMENT, BUT THERE
WAS NO MECHANISM FOR THEM TO ACT. THIS TEMPORARY EXTREME RISK
PROTECTION ORDER COULD HAVE PREVENTED THOSE TRAGEDIES, AND THE SAME
WAS TRUE AT COLUMBINE, AT SANDY HOOK, SAN BERNADINO, CHARLESTON,
SOUTH CAROLINA AND SO MANY OTHERS.
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NYS ASSEMBLY JUNE 13, 2018
YESTERDAY WAS THE SECOND ANNIVERSARY OF THE
MASSACRE AT THE PULSE NIGHTCLUB IN ORLANDO, FLORIDA, WHERE A GUNMAN
WHO EXHIBITED OVERT SIGNS THAT HE WAS A DANGER TARGETED THE NIGHTCLUB
THAT -- WHICH SERVED MOSTLY LGBTQ, PEOPLE OF COLOR, KILLING 49
PEOPLE AND INJURING ANOTHER 50. WHEN PEOPLE EXHIBIT THESE WARNING
SIGNS, THEY -- OTHERS IN THEIR LIVES OFTEN FEEL POWERLESS TO INTERVENE.
A TEMPORARY EXTREME RISK PROTECTION ORDER WOULD
RESTRICT THE PERSON'S ACCESS TO FIREARMS IF THEY POSE A RISK. SIMPLY PUT,
THIS BILL WILL SAVE LIVES. NINE STATES HAVE ALREADY ADOPTED ERPO LAWS,
AND CONNECTICUT HAS ALREADY SEEN A MEASURABLE DECREASE IN SUICIDE
RATES ALONE. EVEN FLORIDA HAS NOW ENACTED A RED FLAG LAW. INDIANA HAS
HAD ONE FOR 20 YEARS. AND I'D REMIND PEOPLE, ALTHOUGH WE ARE ADDING
SCHOOL PERSONNEL TO THIS BILL AS PEOPLE WHO ARE AUTHORIZED TO SEEK SUCH
AN ORDER, IT IS NOT JUST ABOUT SCHOOL SHOOTINGS. IT IS ALSO ABOUT SUICIDE.
FORTY-ONE PERCENT OF SUICIDES ARE PEOPLE WITH NO KNOWN MENTAL HEALTH
CONDITION, AND 55 PERCENT OF THOSE WITHOUT ARE SUCCESSFUL. SUICIDE IS A
VERY IMPULSIVE ACT. YOU NEED MOTIVATION AND MEANS, AND THIS WOULD
HELP DENY THE MEANS TO COMMIT --
ACTING SPEAKER AUBRY: MS. SIMON.
MS. SIMON: -- SUICIDE. I'M ALMOST THERE.
ACTING SPEAKER AUBRY: SO AM I, MS. SIMON.
(LAUGHTER)
MS. SIMON: SO, I BELIEVE THAT THE TIME TO ACT IS
NOW, AND NEW YORKERS ARE CALLING ON US TO ACT DELIBERATIVELY, WITH
PASSION, HUMILITY AND INTEGRITY TO PROTECT THEIR LIVES.
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NYS ASSEMBLY JUNE 13, 2018
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, MR. SPEAKER.
MEMBERS HAVE ON THEIR DESKS AN A-CALENDAR. I NOW MOVE TO ADVANCE
THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MR. MORELLE'S
MOTION, THE A-CALENDAR IS ADVANCED.
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, SIR. I WOULD LIKE TO
GIVE TO YOU AND TO THE MEMBERS THE NEXT THREE BILLS I WOULD LIKE TO TAKE
UP IN THE FOLLOWING ORDER: FIRST OF ALL, OFF THAT A-CALENDAR I WOULD LIKE
TO TAKE UP RULES REPORT NO. 156 BY MS. PAULIN, WHICH IS ON PAGE 6 OF
THE A-CALENDAR. 1-5-6, PAGE 6. AND THEN OFF THE MAIN CALENDAR, I
WOULD LIKE TO GO TO RULES REPORT NO. 133 BY MS. HUNTER. THAT WOULD
BE ON PAGE 14 OF THE MAIN CALENDAR. AND FOLLOW THAT UP WITH
CALENDAR NO. 854 BY MS. PAULIN ON PAGE 84 OF THE MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06823-C, RULES
REPORT NO. 156, PAULIN, DINOWITZ, BARRETT, BLAKE, COLTON, GUNTHER,
PALMESANO, JAFFEE, MOSLEY, JOYNER, HUNTER, L. ROSENTHAL, JEAN-PIERRE,
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NYS ASSEMBLY JUNE 13, 2018
SIMON, BRAUNSTEIN, WEPRIN, LAVINE, MONTESANO, D'URSO, DE LA ROSA,
BARRON, ENGLEBRIGHT, GOTTFRIED, WALKER, PICHARDO, HOOPER, STECK,
ORTIZ, ABINANTI, BICHOTTE, STIRPE, COOK, LUPARDO, THIELE, RIVERA,
WRIGHT, VANEL, D. ROSENTHAL, WALLACE, MAGNARELLI, ZEBROWSKI, GALEF,
RODRIGUEZ, MORINELLO, BRINDISI, SEAWRIGHT, SKOUFIS, TITONE, ABBATE,
TAYLOR, JENNE, WILLIAMS, TITUS, FAHY, DICKENS, ARROYO, SIMOTAS,
PELLEGRINO, PERRY, RA, NIOU, CURRAN, CARROLL, WOERNER, OTIS,
FERNANDEZ, EPSTEIN, PEOPLES-STOKES, HYNDMAN, ERRIGO, RAIA, PRETLOW,
BARNWELL. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO ESTABLISHING
THE CRIME OF SEX TRAFFICKING OF A CHILD AND IN RELATION TO PROMOTING
PROSTITUTION; TO AMEND THE PENAL LAW, THE CORRECTION LAW, THE
CRIMINAL PROCEDURE LAW, THE SOCIAL SERVICES LAW, THE VEHICLE AND
TRAFFIC LAW, THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THE
FAMILY COURT ACT, THE MENTAL HYGIENE LAW, THE PUBLIC HEALTH LAW,
THE EXECUTIVE LAW, AND THE GENERAL BUSINESS LAW, IN RELATION TO
MAKING TECHNICAL CORRECTIONS CONCERNING SEX TRAFFICKING OF A CHILD AND
PROMOTING PROSTITUTION.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SPEAKER. WOULD THE
SPONSOR YIELD FOR A QUESTION?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.
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NYS ASSEMBLY JUNE 13, 2018
I -- I NOTE THAT YOUR BILL ADDS SOME CRIMINAL SANCTIONS FOR PROFITING
FROM PROSTITUTION OR ADVANCING PROSTITUTION WHEN THE -- THE INDIVIDUAL
THAT'S INVOLVED IS UNDERAGE, RIGHT? UNDER AGE 18?
MS. PAULIN: YES.
MR. GOODELL: AND I COMPLETELY SUPPORT YOUR
DESIRE TO ADDRESS THE PROMOTING TO ADDRESS THIS ISSUE AND TO CRIMINALIZE
THE PROMOTION OF PROSTITUTION INVOLVING A MINOR. I'M WITH YOU ON THAT.
MY QUESTION RELATES TO SECTION 2 OF YOUR BILL ON PAGE 2, STARTING ON LINE
22 THROUGH 30, WHICH SAYS THAT IT'S A DEFENSE TO A CHARGE OF PROMOTING
PROSTITUTION BY A CHILD IF THE PERSON WHO IS PROMOTING THE PROSTITUTION
WAS THEMSELVES A VICTIM OF CHILD SEXUAL ABUSE. WHY WOULD WE WANT
TO MAKE THAT AN AFFIRMATIVE DEFENSE TO ALLOW A PERSON TO AVOID
CRIMINAL PROSECUTION FOR PROMOTING SEXUAL PROSTITUTION BY A CHILD?
MS. PAULIN: WHAT WE OFTEN SEE IS THAT THE PIMPS
WHO ARE DOING -- THE SEX TRAFFICKERS WHO ARE SOLICITING THESE GIRLS, THEY
USE OTHER GIRLS THAT THEY ALREADY HAVE CONVINCED OR COERCED INTO THE
LIFE THEMSELVES. THEY'VE USED THOSE SAME GIRLS TO RECRUIT OTHER GIRLS.
AND WE RECOGNIZE THAT THEY ARE VICTIMS AND THEY SHOULD BE TREATED AS
SUCH, AND SHOULD NOT BE LIABLE FOR A VIOLENT B FELONY.
MR. GOODELL: SO IN OTHER WORDS, IT'S ILLEGAL TO
RECRUIT CHILDREN TO BE PROSTITUTES UNLESS, YOU, YOURSELF, ENGAGED IN THAT
CRIME PREVIOUSLY OR THAT ACTIVITY PREVIOUSLY?
MS. PAULIN: I'M -- I'M NOT SURE I'M FOLLOWING YOU.
MR. GOODELL: YOU SAY IT'S AN AFFIRMATIVE DEFENSE
IF YOU WERE A VICTIM YOURSELF, SO WE'RE SAYING IT'S ILLEGAL TO RECRUIT NEW
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VICTIMS UNLESS YOU WERE A VICTIM YOURSELF?
MS. PAULIN: WHAT WE'RE SAYING IS THAT WE DO NOT
WANT TO ENCOURAGE SEX TRAFFICKERS FROM USING YOUNG GIRLS TO RECRUIT
OTHER YOUNG GIRLS.
MR. GOODELL: I'M WITH YOU ON THAT.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I ABSOLUTELY AGREE WITH THE SPONSOR
THAT WE DO NOT WANT TO ENCOURAGE PIMPS TO USE YOUNG GIRLS TO RECRUIT
OTHER YOUNG GIRLS TO ENGAGE IN PROSTITUTION. I'M WITH THAT. THE
PROBLEM IS, THIS BILL DOES EXACTLY THAT. WHAT THIS BILL SAYS IS IF YOU
WANT TO RECRUIT UNDERAGED KIDS TO BE INVOLVED IN PROS -- PROSTITUTION,
THEN YOU WANT TO MAKE SURE THAT THE PEOPLE WHO ARE RECRUITING NEW
VICTIMS WERE, THEMSELVES, A VICTIM BECAUSE THEN THEY WON'T BE
PROSECUTED. DO WE WANT TO GIVE A FREE PASS TO HAVE VICTIMS RECRUITING
MORE VICTIMS? I WOULD SUGGEST THE BETTER APPROACH WOULD BE FOR US TO
DISCOURAGE ANY RECRUITING OF VICTIMS BY ANYONE. AND IF WE SAY TO
SOMEBODY, AS LONG AS YOU USE A PRIOR VICTIM, THE PERSON YOU USED TO
RECRUIT WON'T BE CHARGED OR PROSECUTED, WE'RE GIVING A FREE PASS FOR
SOMEBODY TO ENGAGE IN THE VERY ACTIVITY WE HOPE TO PREVENT.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
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NYS ASSEMBLY JUNE 13, 2018
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. PAULIN TO EXPLAIN HER VOTE.
MS. PAULIN: THANK YOU. IN 2007, WE PASSED THE
FIRST, UNDER THE LEADERSHIP OF ONE OF MY COLLEAGUES -- I KNOW I'M NOT
SUPPOSED TO MENTION NAMES -- ACROSS FROM ME. UNDER HIS LEADERSHIP
WE PASSED THE FIRST BILL TO MAKE HUMAN TRAFFICKING AGAINST THE LAW. WE
WERE THE FIRST STATE IN THE NATION TO DO SO. IN 2008, WE PASSED THE SAFE
HARBOR BILL, WHICH MADE IT POSSIBLE FOR 14- AND 15-YEAR-OLDS WHO WERE
BEING PROSTITUTED TO DECLARE THEMSELVES AS VICTIMS AND TO HAVE A
DEFENSE TO DO THAT. IN 2014, WE DID THE SAME FOR 16- AND 17-YEAR-OLDS.
IN 2015, WE PASSED A BILL THAT STRENGTHENED THE 2007 LAW. WE DID THAT
IN THIS HOUSE. WE TOOK THE LEADERSHIP IN THIS HOUSE, AND NOW WE
CLOSE THE FINAL LOOPHOLE. AND WE SHOULD BE VERY PROUD THAT THIS HOUSE
TOOK THOSE INITIATIVES. AND I WANT TO THANK THE SPEAKER FOR -- FOR
TAKING THE ROLE OF FACILITATOR, AND FOR MAKING SURE THAT THIS BILL GOT
DONE. HE DID THAT IN 2015, AND HE DID THAT AGAIN FOR THIS BILL. HE
DESERVES ENORMOUS CREDIT. I WANT TO THANK HIM PERSONALLY. AND WE
SHOULD ALL BE EXTRAORDINARILY PROUD THAT NEW YORK NOW STANDS AGAIN IN
A LEADERSHIP ROLE TO FIGHT THE FIGHT FOR SEX TRAFFICKERS -- OR AGAINST SEX
TRAFFICKERS. WE ARE -- AND I WANT TO JUST SAY THAT WE HAVE THE STRONG
SUPPORT OF THE ADVOCATES, WE HAVE THE STRONG SUPPORT OF THE
PROSECUTORS. THEY HELPED WRITE THIS BILL. SO, EVERY SINGLE WORD,
COMMA AND APPROACH IS ENDORSED BY BOTH THE PROSECUTORS AND THE
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ADVOCATES. AND THERE ARE -- AND THIS BILL GIVES THEM AN ABILITY TO GO
AFTER THE SEX TRAFFICKERS IN NEW YORK STATE LIKE WE HAVE NEVER SEEN
BEFORE.
SO I WANT TO THANK EVERYONE, BUT ESPECIALLY THE
SPEAKER, WHO REALLY HELPED MAKE THIS HAPPEN. AND I HOPE THAT I HAVE
EVERYONE'S SUPPORT IN -- IN HELPING MAKE NEW YORK NUMBER ONE ONCE
AGAIN. THANK YOU, AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. PAULIN IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. AT THE
RISK OF BEING HUGGED BY THE SPEAKER, I WANTED TO EXPRESSED THAT I WAS
ALSO VOTING FOR THIS BILL. I AM CONCERNED WHEN WE DON'T IMPOSE
CRIMINAL SANCTIONS ON EVERYONE WHO IS RECRUITING NEW VICTIMS. AND SO
I'M -- AS I MENTIONED EARLIER, I'M CONCERNED THAT THIS BILL ACTUALLY
PROVIDES AN EXCEPTION. AND WHAT IT SAYS IS, IF YOU WERE A VICTIM
BEFORE, THEN YOU CAN RECRUIT AGAIN. YOU CAN RECRUIT NEW VICTIMS. I
HOPE THAT THAT ISSUE IS ADDRESSED AGAIN IN THE FUTURE. BUT THE BALANCE
OF THE BILL WHICH MAKES IT ABSOLUTELY CLEAR THAT WE HAVE NO TOLERANCE
FOR THIS TYPE OF BEHAVIOR WARRANTS OUR SUPPORT.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
MR. TITONE TO EXPLAIN HIS VOTE.
MR. TITONE: THANK YOU, MR. SPEAKER. I WANT TO
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NYS ASSEMBLY JUNE 13, 2018
COMMEND THE SPON -- SPONSOR, AS WELL AS THE SPEAKER, FOR BRINGING THIS
BILL TO THE FLOOR. IT IS CLOSING THE FINAL LOOPHOLE, BUT WHAT IT IS NOT
DOING -- AND LET'S BE CLEAR -- IS THAT WE STILL HAVE A LONG WAY TO GO. IT'S
DISHEARTENING TO HEAR FOLKS SAYING THAT WE SHOULD BE CRIMINALIZING
BEHAVIOR WHEN VICTIMS THEMSELVES DON'T NEED TO BE PROSECUTED, THEY
NEED SERVICES TO HELP THEM THROUGH WHAT THEY ARE GOING THROUGH. SO I
TAKE EXCEPTION TO WHAT I'VE JUST HEARD FROM THE OTHER SIDE OF THE AISLE,
AND -- AND I HOPE THAT THOSE WHO ARE THINKING THAT WILL RETHINK WHAT IT
MEANS TO BE A VICTIM AND WHAT IS NEEDED. RATHER THAN PROSECUTION,
ONCE AGAIN, THEY NEED SERVICES. AND I DO THINK THAT WE STILL HAVE MUCH
FURTHER TO GO WITH RECOGNIZING THE SIGNS OF HUMAN TRAFFICKING, AND WE
CAN BE DOING THAT IN OUR CASINOS, IN OUR HOTEL INDUSTRY, IN OUR
TRANSPORTATION INDUSTRY.
SO I DO COMMEND THE SPONSOR, BUT I WANT TO BE CLEAR
THAT WE STILL HAVE A LONG WAY TO GO WHEN IT COMES TO ADDRESSING THE
EPIDEMIC OF HUMAN TRAFFICKING, NOT ONLY THROUGHOUT THIS COUNTRY, BUT
RIGHT HERE AT HOME IN NEW YORK STATE. MR. SPEAKER, THANK YOU FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE AND I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. TITONE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10869, RULES REPORT
NO. 133, HUNTER, HYNDMAN, WILLIAMS, COOK. AN ACT TO AMEND THE
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NYS ASSEMBLY JUNE 13, 2018
SOCIAL SERVICES LAW, IN RELATION TO EMPLOYEE HUMAN TRAFFICKING
RECOGNITION TRAINING; AND RELATING TO AUTHORIZING THE ESTABLISHMENT OF A
STANDARDIZED HUMAN TRAFFICKING RECOGNITION TRAINING PROGRAM.
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.)
MS. HUNTER TO EXPLAIN HER VOTE.
MS. HUNTER: THANK YOU, MR. SPEAKER. I JUST
WANTED TO RISE TODAY TO THANK ALL OF THOSE WHO HAVE SUPPORTED IN FAVOR
OF THIS BILL, AND AM PLEASED TO BE ABLE TO PRESENT THIS BILL IN CONCERT
WITH ALL OF THE OTHER HUMAN TRAFFICKING BILLS. IT SHEDS LIGHT ON
SOMETHING THAT'S VERY, VERY IMPORTANT. WHERE I LIVE IN CENTRAL NEW
YORK IS DEFINITELY A CROSSROADS BETWEEN THE -- THE THRUWAY AND 81
NORTH/SOUTH, BRINGING PEOPLE FROM THE PENNSYLVANIA PIPELINE UP
THROUGH INTO CANADA. SO BEING ABLE TO HAVE AN OPPORTUNITY TO
ESTABLISH A STANDARD TRAINING PROGRAM TO RECOGNIZE HUMAN TRAFFICKING,
ESPECIALLY FOR OUTWARD-FACING EMPLOYEES OF THE STATE, IS VITAL.
THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS.
ACTING SPEAKER AUBRY: MS. HUNTER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 13, 2018
THE CLERK: ASSEMBLY NO. A10425-A, RULE --
CALENDAR NO. 854, PAULIN, TITONE, HUNTER, RICHARDSON, DE LA ROSA,
CRESPO, SIMON, BLAKE, JAFFEE, GALEF, D'URSO, MOSLEY, GOTTFRIED,
ABBATE, ORTIZ, RIVERA, CROUCH, GIGLIO, MCDONOUGH, QUART, BICHOTTE,
WEPRIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
INFORMATION CONCERNING SERVICES FOR HUMAN TRAFFICKING VICTIMS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. PAULIN TO EXPLAIN HER VOTE.
MS. PAULIN: THANK YOU, MR. SPEAKER. THIS BILL
TRIES TO COPY SOMETHING WE DID VERY EFFECTIVELY WITH DOMESTIC VIOLENCE
VICTIMS. WHEN DOMESTIC VIOLENCE VICTIMS WE KNEW WERE IN THE
POSITION THAT THEY DIDN'T KNOW WHO OR HOW TO REACH OUT, WE
ENCOURAGED THE PLACEMENT OF CARDS IN AREAS WHERE THE VICTIMS
THEMSELVES WOULD BE ABLE TO SLIP IT INTO A SHOE OR A POCKET; HAIR SALONS,
ET CETERA. SO WHAT WE NOW KNOW FROM THE GIRLS, FROM THAT 2007
BEGINNING, WE NOW SEE MORE GIRLS. AND WHAT WE HAVE LEARNED FROM
THE GIRLS IS THAT THE -- THEY'RE ALWAYS MARKETED IN THE HOTELS. THEY'RE
ALWAYS -- THAT'S WHERE THEY ARE. SO WHAT THIS BILL WILL DO, IS IT WILL
REQUIRE THE HOTELS -- WITH THE SUPPORT, BY THE WAY, OF THE HOTEL INDUSTRY
-- IT WILL REQUIRE THE HOTELS TO PUT LITTLE CARDS INTO THE ROOMS WHERE WE
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NYS ASSEMBLY JUNE 13, 2018
KNOW THE GIRLS WILL BE. SO OTHER STATES HAVE ACTUALLY PUT SIGNS IN THE
HOTELS LOBBIES, BUT THEN THE GIRLS WOULD HAVE TO MEMORIZE THOSE PHONE
NUMBERS. THIS WOULD REQUIRE THE HOTELS TO PUT CARDS IN THE ROOMS
WHERE THE GIRLS WILL BE, AND THEY CAN SLIP IT INTO THEIR POCKETS OR SHOES
AND HAVE ACCESS TO A PHONE NUMBER, A HOTLINE, THAT THEY CAN THEN USE TO
GET OUT OF THEIR SITUATIONS IF THEY'RE -- WHEN THEY'RE READY TO DO SO.
SO I THINK IT'S, AGAIN, YOU KNOW, THIS IS HELPING THOSE
SAME VICTIMS AND WILL BRING THOSE SEX TRAFFICKERS TO JUSTICE WHEN WE
GET ACCESS TO THE GIRLS AND GET THAT INFORMATION. SO I THINK IT -- IT'S A --
BILL THAT I'M VERY PROUD OF, AND I THINK, AGAIN, IS UNIQUE. AND WE
SHOULD BE VERY PROUD TO SUPPORT THE SAME GIRLS AND SUPPORT OUR GOAL OF
GETTING THESE BAD GUYS OUT OF OUR STATE ONCE AND FOR ALL.
THANK YOU. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. PAULIN 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 CODES COMMITTEE TO JOIN MR. LENTOL IN THE
SPEAKER'S CONFERENCE ROOM. CODES IN THE SPEAKER'S CONFERENCE
ROOM.
ACTING SPEAKER AUBRY: CODES, SPEAKER'S
CONFERENCE ROOM.
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NYS ASSEMBLY JUNE 13, 2018
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. I WOULD LIKE TO GO
BACK TO PAGE 14 OF THE MAIN CALENDAR AND CONTINUE CONSENTING,
STARTING WITH RULES REPORT NO. 132 BY MS. HYNDMAN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10865, RULES REPORT
NO. 132, HYNDMAN, WILLIAMS, TAYLOR, RIVERA, DICKENS. AN ACT TO
AMEND THE EDUCATION LAW, IN RELATION TO REGISTERED DENTAL ASSISTING.
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. A10907, RULES REPORT
NO. 134, RICHARDSON. AN ACT TO AMEND THE CORRECTION LAW AND THE
PENAL LAW, IN RELATION TO TEMPORARY RELEASE ELIGIBILITY FOR JUDICIALLY-
ORDERED COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10927, RULES REPORT
NO. 135, GOTTFRIED, L. ROSENTHAL, THIELE, GALEF, ORTIZ, STECK. AN ACT
TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO NOTIFICATION LEVELS OF
EMERGING CONTAMINANTS.
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NYS ASSEMBLY JUNE 13, 2018
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
OH, EXCUSE ME. ON A MOTION BY MR. GOTTFRIED, 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. A11006, RULES REPORT
NO. 136, OTIS. AN ACT TO AMEND CHAPTER 602 OF THE LAWS OF 1993
AMENDING THE REAL PROPERTY TAX LAW RELATING TO THE ENFORCEMENT OF
THE COLLECTION OF DELINQUENT REAL PROPERTY TAXES AND TO THE COLLECTION OF
TAXES BY BANKS, IN RELATION TO THE ENFORCEMENT OF THE COLLECTION OF
TAXES IN CERTAIN VILLAGES.
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.
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NYS ASSEMBLY JUNE 13, 2018
THE CLERK: ASSEMBLY NO. A11012, RULES REPORT
NO. 137, COMMITTEE ON RULES (PEOPLES-STOKES). AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO THE TIMEFRAME FOR IMPLEMENTATION OF
RECOMMENDATIONS INCLUDED WITHIN FINAL REPORTS FOR CORRECTIVE ACTION.
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. A11014, RULES REPORT
NO. 138, COMMITTEE ON RULES (COOK). AN ACT TO AMEND CHAPTER 589
OF THE LAWS OF 2015, AMENDING THE INSURANCE LAW RELATING TO
CATASTROPHIC OR REINSURANCE COVERAGE ISSUED TO CERTAIN SMALL GROUPS, IN
RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND CHAPTER 588 OF THE
LAWS OF 2015, AMENDING THE INSURANCE LAW RELATING TO CATASTROPHIC OR
REINSURANCE COVERAGE ISSUED TO CERTAIN SMALL GROUPS, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 13, 2018
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11025, RULES REPORT
NO. 139, COMMITTEE ON RULES (BICHOTTE, PEOPLES-STOKES). AN ACT TO
AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE AWARD OF
CONTRACTS TO SMALL BUSINESSES, MINORITY-OWNED BUSINESS ENTERPRISES
AND WOMEN-OWNED BUSINESS ENTERPRISES; AND PROVIDING FOR THE REPEAL
OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A11052, RULES REPORT
NO. 140, COMMITTEE ON RULES (THIELE). AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO MILITARY VOTERS AND BALLOTS FOR ELECTION OF
MEMBERS OF THE BOARD OF EDUCATION AND SCHOOL DISTRICT PUBLIC LIBRARY
TRUSTEES, AND THE ADOPTION OF THE ANNUAL BUDGET AND SCHOOL DISTRICT
PUBLIC LIBRARY BUDGET AND REFERENDA.
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. A11053, RULES REPORT
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NYS ASSEMBLY JUNE 13, 2018
NO. 141, COMMITTEE ON RULES (GUNTHER). AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO THE ESTABLISHMENT OF SCHOOL ELECTION
WARDS IN UNION FREE SCHOOL DISTRICTS AND CENTRAL SCHOOL DISTRICTS.
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 TO TAKE UP THE FOLLOWING THREE BILLS OFF THE DEBATE LIST,
BEGINNING WITH CALENDAR NO. 731 BY MR. MAGNARELLI, WHICH IS ON PAGE
74 OF THE MAIN CALENDAR. THEN I'D LIKE TO GO TO CALENDAR NO. 755 BY
MS. JEAN-PIERRE. THAT IS ON PAGE 76. AND THEN IN THIS GROUP I WOULD
LIKE TO TAKE UP -- THE LAST ONE I WOULD LIKE TO TAKE UP OF THIS GROUP IS
CALENDAR NO. 792 BY MS. PHEFFER AMATO, WHICH IS ON PAGE 79.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09996-B, CALENDAR
NO. 731, MAGNARELLI, STIRPE, ZEBROWSKI, D'URSO, SANTABARBARA,
MCDONALD, LUPARDO, RIVERA, SCHIMMINGER, SEAWRIGHT, CAHILL, COOK.
AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO
ELECTRONIC PAYMENT OF FEES OF BRAND LABEL REGISTRATION AND TO CHANGE
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NYS ASSEMBLY JUNE 13, 2018
THE TIME REQUIRED FOR AN APPLICATION TO BE DEEMED APPROVED.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MAGNARELLI, 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. A08970-B, RULES --
CALENDAR NO. 755, JEAN-PIERRE. AN ACT TO AMEND THE NAVIGATION LAW,
IN RELATION TO REQUIRING WORKING MARINE CARBON MONOXIDE DETECTORS TO
BE CARRIED ON CERTAIN BOATS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 13, 2018
THE CLERK: ASSEMBLY NO. A06665-A, CALENDAR
NO. 792, PHEFFER AMATO, JONES, ORTIZ, COOK, CRESPO, M. L. MILLER,
DIPIETRO. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
HOMEOWNERS INSURANCE DEDUCTIBLES TRIGGERS.
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.)
MS. PHEFFER AMATO TO EXPLAIN HER VOTE.
MS. PHEFFER-AMATO: THANK YOU, MR. SPEAKER,
FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. SUPERSTORM SANDY RAVAGED
SOUTH QUEENS, SPECIFICALLY, BROAD CHANNEL AND ROCKAWAY, WHERE I
WAS BORN AND RAISED. HOMES, LOCAL BUSINESSES, LIVELIHOODS AND
SCHOOLS WERE COMPLETELY DESTROYED. WE SAW PART OF OUR HOMES,
BOARDWALK AND CARS FLOATING IN THE MIDDLE OF OUR STREETS. OUR
COMMUNITY WAS WIPED OUT COMPLETELY, AND NOW NEARLY SIX YEARS LATER,
PEOPLE ARE STILL TRYING TO GET THEIR LIVES BACK TOGETHER WHILE
OVERCOMING CONTINUOUS COMPLICATIONS. THIS BILL SEEKS TO ENSURE BASIC
FAIRNESS. AFTER THE STORM, NEIGHBORS CAME TO FIND THAT THEY WERE BEING
TREATED DIFFERENTLY FROM THEIR INSURANCE COMPANIES; ONE FAMILY BEING
TOLD THAT A WINDSTORM HAD OCCURRED AND THEIR DEDUCTIBLE APPLIED, WHILE
THE OTHER WAS TOLD THAT THERE WAS NO WINDSTORM. AFTER THE STORM THAT
WREAKED HAVOC ON MANY OF OUR LIVES, PEOPLE WERE BEING TREATED
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NYS ASSEMBLY JUNE 13, 2018
UNFAIRLY AND HORRIBLY BY THEIR INSURANCE COMPANIES, EVEN THOUGH THEY
DID NOTHING WRONG. THIS BILL CREATES UNDERSTANDABLE AND FAIR STANDARDS
THAT WILL ENSURE THAT CATASTROPHIC WINDSTORM DEDUCTIBLES ARE
REASONABLE AND ACTUARIALLY APPROPRIATE, AND APPLIED IN PROPER
CIRCUMSTANCES. OUR MESSAGE IN THE NEW YORK STATE ASSEMBLY IS
CLEAR: WE MUST PROTECT OUR CONSUMERS IN THIS STATE FROM NATURAL
DISASTERS AND FROM COMPANIES IN WHICH THEY ENTRUST THEIR FINANCIAL
SECURITY.
I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. PHEFFER AMATO
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 TAKE UP THE FOLLOWING THREE BILLS IN THIS ORDER: I WOULD LIKE TO
BEGIN WITH CALENDAR NO. 818 BY MS. WALLACE, WHICH IS ON PAGE 80 OF
THE MAIN CALENDAR. THEN I'D LIKE TO TAKE UP CALENDAR NO. 823 BY MR.
GOTTFRIED ON PAGE 81. AND THEN TO FINISH THIS GROUP OUT, CALENDAR NO.
840 BY MR. DINOWITZ ON PAGE 82.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09981-A, CALENDAR
NO. 818, WALLACE, PHEFFER AMATO, MOSLEY. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO THE DUTIES OF THE DIVISION OF VETERANS'
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NYS ASSEMBLY JUNE 13, 2018
AFFAIRS CONCERNING INFORMATION ABOUT VETERANS RECEIVED FROM NURSING
HOMES AND RESIDENTIAL HEALTH CARE FACILITIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER ESPINAL: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10345-A, CALENDAR
NO. 823, GOTTFRIED, D'URSO, SKOUFIS, STECK, STIRPE, MCDONALD,
MCDONOUGH, LIFTON. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO AUTHORIZING NURSE PRACTITIONERS TO WITNESS A HEALTH CARE
PROXY, ACT AS A HEALTH CARE AGENT AND DETERMINE COMPETENCY OF THE
PRINCIPAL OF SUCH A PROXY.
ACTING SPEAKER ESPINAL: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER ESPINAL: THE CLERK WILL
RECORD THE VOTE.
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NYS ASSEMBLY JUNE 13, 2018
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MS. SPEAKER, TO EXPLAIN MY
VOTE. I HAVE GREAT FAITH IN THE NURSE PRACTITIONERS, THOUGH SOME MIGHT
THINK THAT THIS IN SOME WAY ADDED TO THEIR SCOPE OF PRACTICE, WHICH
WOULD HAVE BEEN A HIGHER ED BILL. DESPITE THAT, I WILL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER ESPINAL: MS. GLICK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08010-B, CALENDAR
NO. 840, DINOWITZ, VANEL. AN ACT TO AMEND THE PUBLIC SERVICE LAW,
IN RELATION TO DISCRIMINATION IN FRANCHISES AND PRIVILEGES.
ACTING SPEAKER ESPINAL: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ESPINAL: 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.
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NYS ASSEMBLY JUNE 13, 2018
MR. MORELLE: THANK YOU, MADAM SPEAKER. IF I
CAN GIVE YOU THE NEXT FIVE BILLS I WOULD LIKE TO TAKE UP IN THE FOLLOWING
ORDER. AND PERHAPS, MADAM SPEAKER, WE COULD HAVE JUST A LITTLE BIT OF
ORDER HERE.
ACTING SPEAKER ESPINAL: QUIET, PLEASE.
(BANGING GAVEL)
I DID IT. I DID IT.
(BANGING GAVEL AGAIN)
THERE YOU GO.
(LAUGHTER)
THANK YOU. THANK YOU.
MR. MORELLE: WELL, THAT CERTAINLY HAD THE
INTENDED EFFECT.
(LAUGHTER)
ACTING SPEAKER ESPINAL: NOTED.
MR. MORELLE: THANK YOU. THANK YOU. SO, THE
NEXT FIVE BILLS IN THE FOLLOWING ORDER: CALENDAR NO. 850 BY MR.
CARROLL ON PAGE 83 OF THE MAIN CALENDAR. FOLLOW THAT WITH CALENDAR
NO. 852 BY MR. PICHARDO ON PAGE 84. THEN I WISH TO TAKE UP CALENDAR
NO. 886 BY MR. THIELE ON PAGE 86; CALENDAR NO. 917 BY MR.
BUCHWALD ON PAGE 89; AND THEN THIS GROUP I WOULD LIKE TO CONCLUDE
WITH CALENDAR NO. 982 BY MR. GOTTFRIED ON PAGE 93.
ACTING SPEAKER ESPINAL: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10365, CALENDAR NO.
850, CARROLL, ORTIZ, COOK, PELLEGRINO, D'URSO, WALLACE, SEAWRIGHT. AN
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NYS ASSEMBLY JUNE 13, 2018
ACT TO AMEND CHAPTER 363 OF THE LAWS OF 2010, AMENDING THE
JUDICIARY LAW RELATING TO GRANTING THE CHIEF ADMINISTRATOR OF THE COURTS
THE AUTHORITY TO ALLOW REFEREES TO DETERMINE APPLICATIONS FOR ORDERS OF
PROTECTION DURING THE HOURS FAMILY COURT IS IN SESSION, IN RELATION TO THE
EXPIRATION THEREOF; AND TO AMEND CHAPTER 219 OF THE LAWS OF 2002
AMENDING THE JUDICIARY LAW RELATING TO THE JUDICIAL HEARING OFFICER
PILOT PROGRAM AND THE POWERS OF THE CHIEF ADMINISTRATOR OF THE COURTS,
IN RELATION TO THE EFFECTIVENESS OF SUCH CHAPTER.
ACTING SPEAKER ESPINAL: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ESPINAL: 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. A10381-A, CALENDAR
NO. 852, PICHARDO. AN ACT TO AMEND CHAPTER 534 OF THE LAWS OF 1993
AMENDING THE EDUCATION LAW RELATING TO PHYSICAL THERAPY ASSISTANTS, IN
RELATION TO EXTENDING THE EFFECTIVE DATE THEREOF.
ACTING SPEAKER ESPINAL: ON A MOTION BY MR.
PICHARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 13, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ESPINAL: 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. A09898, CALENDAR NO.
886, THIELE. AN ACT TO AMEND THE INDIAN LAW, IN RELATION TO THE STATE
RECOGNITION AND ACKNOWLEDGEMENT OF THE MONTAUKETT INDIANS.
ACTING SPEAKER ESPINAL: ON A MOTION BY THE
SENATE BILL -- ON A MOTION BY MR. THIELE, 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 ESPINAL: 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. A08672-B, CALENDAR
NO. 917, BUCHWALD, DINOWITZ, BARRON, BARNWELL, MOSLEY, WALLACE,
ZEBROWSKI, SIMOTAS, D'URSO, LUPARDO, THIELE, SIMON, MCDONALD,
GALEF, JAFFEE, GOTTFRIED, ENGLEBRIGHT, BRAUNSTEIN, BRABENEC, RA,
115
NYS ASSEMBLY JUNE 13, 2018
GUNTHER, SEAWRIGHT, LAWRENCE. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO PROHIBITING CONSUMER CREDIT REPORTING AGENCIES
FROM CHARGING A FEE FOR THE PLACEMENT, REMOVAL, OR TEMPORARY LIFT OF A
SECURITY FREEZE ON A CONSUMER CREDIT REPORT; AND TO REPEAL PARAGRAPH
(G-1) OF SUBDIVISION 2 OF SECTION 65.10 OF THE PENAL LAW RELATING
THERETO.
ACTING SPEAKER ESPINAL: ON A MOTION BY MR.
BUCHWALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER ESPINAL: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04007, CALENDAR NO.
982, GOTTFRIED, RODRIGUEZ. AN ACT TO AMEND THE SOCIAL SERVICES LAW,
IN RELATION TO COVERAGE FOR CERTAIN PRESCRIPTION DRUGS; AND TO REPEAL
CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMM -- ON
116
NYS ASSEMBLY JUNE 13, 2018
THE 60TH DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. WOULD
YOU PLEASE CALL ON MR. CROUCH FOR AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. CROUCH FOR
PURPOSES OF AN ANNOUNCEMENT.
MR. CROUCH: THANK YOU, MR. SPEAKER. THERE WILL
BE AN IMMEDIATE REPUBLICAN CONFERENCE IN THE PARLOR FOLLOWING
SESSION.
ACTING SPEAKER AUBRY: IMMEDIATE
REPUBLICAN CONFERENCE IN THE PARLOR FOLLOWING SESSION.
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. ON BEHALF OF MR.
OTIS, THERE WILL BE AN IMMEDIATE DEMOCRATIC CONFERENCE IN THE
SPEAKER'S CONFERENCE ROOM IMMEDIATELY -- AT THE CONCLUSION OF
SESSION, I SHOULD HAVE SAID.
ACTING SPEAKER AUBRY: THERE WILL BE A
DEMOCRATIC CONFERENCE IMMEDIATELY FOLLOWING SESSION IMMEDIATELY.
MR. MORELLE.
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NYS ASSEMBLY JUNE 13, 2018
(LAUGHTER)
MR. MORELLE: I IMMEDIATELY USED "IMMEDIATELY"
TOO MANY TIMES.
(LAUGHTER)
ACTING SPEAKER AUBRY: I IMMEDIATELY WILL
RESPOND.
(LAUGHTER)
MR. MORELLE: MR. SPEAKER, I NOTE YOU HAVE SOME
HOUSEKEEPING AND RESOLUTIONS. THIS WOULD BE THE TIME TO TAKE THEM
UP.
ACTING SPEAKER AUBRY: CERTAINLY.
ON A MOTION BY MR. ABINANTI, ON THE A-CALENDAR,
RULES REPORT -- PAGE 4, RULES REPORT NO. 150, BILL NO. 3036-A,
AMENDMENTS ARE RECEIVED AND ADOPTED.
ON BEHALF OF MR. THIELE, FOR BILL NO. 2804, ASSEMBLY
BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION ACT.
ACTING SPEAKER AUBRY: MOTION TO RECONSIDER
THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
118
NYS ASSEMBLY JUNE 13, 2018
RECEIVED AND ADOPTED.
FINE RESOLUTIONS WHICH WE WILL TAKE UP IN ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1363-1369
WERE UNANIMOUSLY ADOPTED.)
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. LADIES AND
GENTLEMEN, I'M GOING TO ADJOURN IN JUST A MOMENT TO --
(ACTING SPEAKER AUBRY BANGING GAVEL.)
I'M GOING TO MAKE A MOTION TO ADJOURN IN JUST A
MOMENT TO 10:00 A.M., THURSDAY, JUNE 14TH, TOMORROW. BUT I WOULD
NOTE, AS I DID LAST WEEK, THAT ALTHOUGH IT IS AN EARLY START, THE EARLIER
PEOPLE GET HERE, THE QUICKER WE WILL BE ABLE TO GET THROUGH WHAT WILL
BE A SIGNIFICANT AMOUNT OF WORK TOMORROW. SO I PLEASE ASK FOR YOUR
INDULGENCE, ASK FOR YOUR PATIENCE, ASK FOR YOUR COOPERATION. I'LL ASK
FOR ANYTHING THAT GETS YOU IN THE CHAMBER ON OR AROUND 10:00
TOMORROW MORNING.
SO WITH THAT BEING SAID, MR. SPEAKER, I ADJOURN UNTIL
-- I MOTION TO ADJOURN UNTIL 10:00 A.M., THURSDAY, JUNE 14TH.
TOMORROW, LADIES AND GENTLEMEN, IS A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED UNTIL 10:00 SHARP TOMORROW MORNING.
(WHEREUPON, AT 4:49 P.M., THE HOUSE STOOD ADJOURNED
UNTIL THURSDAY, JUNE 14TH AT 10:00 A.M., THAT BEING A SESSION DAY.)
119