MONDAY, JUNE 18, 2018 1:39
P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
RABBI HOWARD BUECHLER WILL OFFER A PRAYER.
RABBI HOWARD BUECHLER: SOVEREIGN OF THE
UNIVERSE, (SPEAKING YIDDISH), SOURCE OF LIFE, AUTHOR OF LIBERTY, BY
EACH SACRED NAME, WE CALL UPON YOU. WE SEEK YOUR DIVINE BLESSINGS
UPON THIS NEW YORK STATE ASSEMBLY. INSPIRE AND GUIDE THE SPEAKER OF
THE ASSEMBLY WITH LEADERSHIP OF THIS VENERATED CHAMBER, EACH
MEMBER AND THEIR LOVED ONES, ALL WHO GOVERN, AND EACH CITIZEN AND ALL
THOSE IN THE GREAT STATE OF NEW YORK.
I'M ALSO GRATEFUL TO THE HONORABLE STEVE STERN, NEWLY-
ELECTED TO THIS ASSEMBLY, AND A DEAR FRIEND, FOR THIS HONOR. THE WORDS
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NYS ASSEMBLY JUNE 18, 2018
OF THE SAMAS RESONATE WITH A QUESTION (SPEAKING YIDDISH), LET US LIFT
OUR EYES TOWARD THE HEAVENS. WHAT IS THE SOURCE OF OUR STRENGTH AND
OF OUR HELP? EACH FAITH TRADITION RECOGNIZES THAT WE SEEK TO BRING THE
DIVINE INTO THE TAPESTRY OF OUR LIVES. AND THE SOULFUL QUESTION OF EACH
PERSON IS, WHERE DO WE FIND OUR SOURCES OF SPIRITUAL ENERGY, PASSION,
COMPASSION AND STRENGTH? IN MY SPIRITUAL JOURNEY, THE MAGNETIC
SOURCE OF INSPIRATION ARE THE TEACHINGS OF RABBI ABRAHAM JOSHUA
HESCHEL, AN IMMIGRANT TO THIS COUNTRY AND A BRILLIANT THEOLOGIAN. HE
WAS A TIRELESS AND TENACIOUS ADVOCATE FOR CIVIL RIGHTS IN AMERICA. HE
MARCHED WITH DR. MARTIN LUTHER KING IN SELMA. AND AS HE NOTED
THERE WHILE MARCHING, HIS FEET WERE PRAYING. HE WAS PRAYING WITH HIS
FEET. EXACTLY 55 YEARS AGO YESTERDAY, RABBI HESCHEL SENT A TELEGRAM --
WHICH IS A VINTAGE FORM OF A TWEET -- TO PRESIDENT KENNEDY. THE
PRESIDENT WAS CONVENING A MEETING OF RELIGIOUS AND CIVIC LEADERS TO
DISCUSS CIVIL RIGHTS. RABBI HESCHEL IN HIS TELEGRAM WROTE, AND I QUOTE,
"LIKELIHOOD EXISTS THAT THE PROBLEM WILL BE LIKE THE WEATHER.
EVERYONE TALKS ABOUT IT, AND NOBODY DOES ANYTHING ABOUT IT. PLEASE
DEMAND OF LEADERS PERSONAL INVOLVEMENT, NOT JUST SOLEMN DECLARATION.
THE HOUR CALLS FOR MORAL GRANDEUR AND SPIRITUAL AUDACITY."
AS LEADERS OF THE GREAT STATE OF NEW YORK, THE EYES OF
ALL LOOK HOPEFULLY TO YOU TO BE ATTUNED AND ATTENTIVE AS YOU ARE, TO
ACTIVELY SEEK JUSTICE, AND WITH HIGH MORAL GRANDEUR, FIGHT INJUSTICE.
SPIRITUAL AUDACITY IS THE VISION TO SEE BEYOND PARTISANSHIP AND REACH
ACROSS THE AISLE AND FIND COMMON GROUND. GROUNDED IN OUR SHARED
HUMANITY AND OUR STRIVING FOR BRINGING SOCIAL JUSTICE AND COMPASSION
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NYS ASSEMBLY JUNE 18, 2018
TO ALL, MAY EACH ONE OF US, I PRAY, LOOK TO THE SOURCES OF INSPIRATION
FROM OUR SACRED TEXTS YOUR VERY OWN TEACHERS, YOUR MENTORS, AND THOSE
WHO IMBUE VALUES IN EACH ONE OF US, TO ENSURE THAT WE VALUE EVERY
PERSON, TO LEAD US TO EMBRACE, TO DEMONSTRATE TOLERANCE AND PROVIDE
DIGNITY FOR ONE AND FOR ALL. LET THIS SESSION OF GOVERNMENT AND EVERY
DAY EMBRACE CHUTZPAH, WHICH IS THE SPIRITUAL AUDACITY TO VISION HOW
WE, AS LEADERS, BRING JUSTICE AND RIGHTEOUSNESS FOR ALL. MAY WE PONDER
THE MORAL GOODNESS THAT IS THE GPS FOR EACH ONE OF US, AND LET ETHICAL
VALUES LEAD US TO LIVE LIVES WHERE THOSE VALUES THAT WE TREASURE, THOSE
CREEDS ARE TURNED INTO DEEDS. AND IN DOING SO, WE WILL FULFILL THE
WORDS, (YIDDISH), MAY THE DIVINE PRESENCE PROSPER OUR DEEDS AND
BLESS US WITH MORAL GRANDEUR AND THE BOLD COURAGE TO TURN OUR SPIRITUAL
AUDACITY AS LEADERS INTO BLESSINGS FOR US AND OUR COMMUNITY.
AND LET US SAY, AMEN.
MEMBERS: AMEN.
RABBI BUECHLER: THANK YOU.
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 SUNDAY -- SUNDAY, JUNE 17TH.
MR. MORELLE.
MR. MORELLE: MR. SPEAKER, I MOVE TO DISPENSE
WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, JUNE 17TH, AND ASK
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NYS ASSEMBLY JUNE 18, 2018
THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MR. MORELLE.
MR. MORELLE: YES. GOOD AFTERNOON, MR.
SPEAKER, LADIES AND GENTLEMEN, GUESTS. BEFORE I GIVE OUR SCHEDULE FOR
THE DAY, WHICH I EXPECT WILL BE A LONG, BUSY AND HOPEFULLY VERY
PRODUCTIVE DAY, LET ME JUST NOTE THAT ON THIS DAY IN 1775, GEORGE
WASHINGTON OF VIRGINIA WAS UNANIMOUSLY APPOINTED GENERAL AND
COMMANDER-IN-CHIEF OF THE CONTINENTAL ARMY, JUST ONE DAY AFTER
CONGRESS CREATED THE ARMY ITSELF. NEEDLESS TO SAY, GENERAL
WASHINGTON WENT ON TO LEAD THE AMERICAN ARMY PAST THE BRITISH
TROOPS, THEREBY ACHIEVING AMERICAN INDEPENDENCE FROM THE BRITISH
CROWN. BEING A TRUE PATRIOT, WASHINGTON REFUSED A SALARY FOR HIS
SERVICES DURING THE WAR.
AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU
KNOW THAT MILK IS THE OFFICIAL BEVERAGE OF THE STATE OF NEW YORK? THE
BILL CREATING THE STATE'S BEVERAGE WAS SIGNED BY GOVERNOR HUGH CAREY
IN 1981. AND WITH NEARLY 15 BILLION POUNDS OF MILK PRODUCED
ANNUALLY, NEW YORK RANKS FIRST IN THE COUNTRY WHEN IT COMES TO YOGURT
PRODUCTION, AND THIRD IN THE COUNTRY WHEN IT COMES TO DAIRY PRODUCTION
OVERALL. SOMETHING MANY PEOPLE WOULD NOT EXPECT FROM NEW YORK.
BUT, THERE YOU GO, MR. SPEAKER.
OUR SCHEDULE FOR THE DAY, LADIES AND GENTLEMEN,
WHICH IS AS I SAID WILL BE A LONG DAY, SO PEOPLE I HOPE WILL CONTINUE TO
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NYS ASSEMBLY JUNE 18, 2018
DEMONSTRATE PATIENCE AND WILL CONTINUE TO COOPERATE SO THAT WE CAN
MOVE THROUGH OUR WORK AS QUICKLY AS POSSIBLE.
MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR, AS
WELL AS A DEBATE LIST. AFTER ANY INTRODUCTIONS AND HOUSEKEEPING, WE
WILL CONTINUE CONSENTING ON THE MAIN CALENDAR, BEGINNING WITH RULES
REPORT NO. 185, WHICH CAN BE FOUND ON PAGE 13 OF THAT MAIN
CALENDAR. WE WILL ALSO WORK OFF THE DEBATE LIST. MEMBERS SHOULD BE
AWARE OF A NUMBER OF COMMITTEE MEETINGS WHICH WILL MEET OFF THE
FLOOR. SO IF YOU'RE ON ANY OF THE FOLLOWING COMMITTEES, PLEASE BE
PAYING SPECIAL NOTICE FROM ANNOUNCEMENTS FROM THE DESK. THOSE WILL
INCLUDE THE CITIES COMMITTEE, THE CODES COMMITTEE, THE WAYS AND
MEANS COMMITTEE, AND THE RULES COMMITTEE. ONCE WE'VE CONCLUDED
THAT GROUP OF -- OF COMMITTEE MEETINGS, THEY WILL HAVE PRODUCED
CALENDARS A, B AND C, CALENDARS WHICH WE WILL TAKE UP TODAY. ONCE
THAT GROUP OF COMMITTEES IS CONCLUDED, WE WILL BE CALLING SEVERAL
MORE TO MEET OFF THE FLOOR, INCLUDING GOVERNMENTAL OPERATIONS,
HEALTH, LOCAL GOVERNMENTS, GOVERNMENTAL EMPLOYEES AND REAL
PROPERTY TAXATION. SO AGAIN, IF YOU'RE ON ANY OF THOSE COMMITTEES, BE
PREPARED FOR ANNOUNCEMENTS FROM THE DESK AS WELL.
I WILL CONTINUE TO CONSULT WITH THE MINORITY SHOULD
OTHER NOTICES BE NECESSARY TO BE MADE, PARTICULARLY AS IT RELATES TO PARTY
CONFERENCES. AND WE WILL KEEP PEOPLE APPRISED AT ALL TIMES. SO I
WOULD ASK PEOPLE TO STAY NEAR THE CHAMBERS DURING THE DAY. I KNOW
THERE ARE MEETINGS GOING ON. I KNOW THERE'S CONSULTATION WITH
MEMBERS OF THE SENATE, BUT WE REALLY, TO GET THROUGH OUR WORK, WE
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NYS ASSEMBLY JUNE 18, 2018
REALLY NEED TO HAVE PEOPLE AVAILABLE AND TO BE VOTING.
SO, MR. SPEAKER, IF THERE ARE ANY INTRODUCTIONS,
HOUSEKEEPING, THIS WOULD BE THE APPROPRIATE TIME.
ACTING SPEAKER AUBRY: CERTAINLY. FOR THE
PURPOSES OF AN INTRODUCTION, MR. STERN.
MR. STERN: THANK YOU, MR. SPEAKER. LATER TODAY,
THE ASSEMBLY WILL CONSIDER, AND WITH YOUR SUPPORT, PASS A RESOLUTION
RECOGNIZING THE DIX HILLS JEWISH CENTER AS IT CELEBRATES ITS 50TH
ANNIVERSARY.
THIS MORNING, IT GIVES ME GREAT PLEASURE AND WITH
GREAT PRIDE TO INTRODUCE THE SPIRITUAL LEADER OF THE DIX HILLS JEWISH
CENTER, RABBI HOWARD BUECHLER. MORE THAN A PLACE OF WORSHIP, THE
SCHUL IS ONE OF LIFELONG LEARNING, COMMUNITY, FRIENDSHIP AND SUPPORT.
THE RABBI, WITH HIS WIFE LAURA AND HIS CHILDREN AND GRANDCHILDREN,
ARE NOT ONLY VERY WELL-RESPECTED LEADERS, THEY ARE DEAR FRIENDS, AND
HELP MAKE OUR ENTIRE COMMUNITY BETTER.
MR. SPEAKER, IT'S MY PRIVILEGE TO ASK MY COLLEAGUES TO
JOIN ME IN WELCOMING TO THE PEOPLE'S HOUSE THIS MORNING, RABBI
HOWARD BUECHLER. WILL YOU PLEASE EXTEND HIM ALL OF THE PRIVILEGES OF
THE FLOOR. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. STERN, THE SPEAKER AND ALL THE MEMBERS, RABBI, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY. AND THANK YOU SO MUCH
FOR THE PRAYER THAT YOU HAVE PROVIDED WITH US, AND EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. HOPE THAT YOU WILL BE BACK WITH US SOON, AND
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NYS ASSEMBLY JUNE 18, 2018
TAKE CARE OF THAT COMMUNITY. THANK YOU SO VERY MUCH.
RABBI BUECHLER: GOD BLESS. GOD BLESS.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE FOR
THE PURPOSES OF AN INTRODUCTION.
MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER.
TODAY, WE ARE JOINED BY DONNA CIOFFI AND LINDA BONNANO OF FIRST
COMPANY PINK, AN INDEPENDENT NON-PROFIT ORGANIZATION WHICH IS
COMMITTED TO RAISING FUNDS TO SUPPORT LIFE-SAVING BREAST CANCER
RESEARCH, PROMOTING WELLNESS AND INCREASING PUBLIC AWARENESS ABOUT
THIS LIFE-THREATENING DISEASE. BREAST CANCER SURVIVORS THEMSELVES,
DONNA AND LINDA, TRAVELED FROM LONG ISLAND TO RECEIVED -- TO RECEIVE
AN ENGROSSED COPIES OF THIS RESOLUTION BODY -- THAT THIS BODY RECENTLY
PASSED TO PROCLAIM JULY 6, 2018 AS "GOT CHECKED DAY" IN NEW YORK.
GOT CHECKED DAY IS A VITAL LIFESAVING CAMPAIGN MEANT TO EDUCATE
YOUTH THROUGH INTERACTIVE WORKSHOPS AND INITIATIVES REGARDING THE
IMPORTANCE OF BREAST HEALTH SCREENINGS AND EARLY DETECTION. WITH A 2
PERCENT YEARLY INCREASE IN BREAST CANCER FOUND IN YOUNG WOMEN, FIRST
COMPANY PINK HAS BEEN DEDICATED TO REVISING THE CURRENT
MAMMOGRAM AGE RECOMMENDATION THROUGH THEIR ADVOCACY FOR
SHANNON'S LAW, A BILL IN HONOR OF THE LATE SHANNON SATURNO OF WEST
BABYLON, NEW YORK, WHO DIED AT THE AGE OF 32, WHO LOST HER BATTLE TO
BREAST CANCER NEARLY TWO YEARS AGO. RIGHT UP -- RIGHT UP UNTIL HER
PASSING, SHANNON STAYED ACTIVE AS -- AS A DISTANCE RUNNER, AND WORKED
CLOSELY WITH DONNA, LINDA AND FIRST COMPANY PINK ON ENCOURAGING
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NYS ASSEMBLY JUNE 18, 2018
WOMEN TO GET SCREENED. I AM HONORED TO HAVE INTRODUCED SHANNON'S
LAW, AND THANK MY ASSEMBLY COLLEAGUES FOR PASSING IT TWO YEARS IN A
ROW. WE APPRECIATE THE UNWAVERING DETERMINATION AND ADVOCACY FOR
-- THAT DONNA AND LINDA CONTINUE TO DO ON A DAILY BASE.
AND ON BEHALF OF THE BREAST CANCER COMMUNITY, AND
KNOW THAT THEIR WORK WILL CONTINUE SAVING LIVES, I ASK THAT YOU PLEASE
EXTEND THEM THE CORDIALITIES OF THE FLOOR. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
MS. JEAN-PIERRE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
TWO EXTRAORDINARY YOUNG LADIES HERE TO THE NEW YORK STATE ASSEMBLY.
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, CERTAINLY OUR GRATITUDE
AND CONGRATULATIONS FOR THE WORK THAT YOU'RE DOING TO ENSURE THAT
INDIVIDUALS WILL BE TREATED ADEQUATELY WHO FACE THIS TERRIBLE DISEASE.
PLEASE KNOW THAT WE WILL STAND WITH YOU AS LONG AS NECESSARY. THANK
YOU SO VERY MUCH.
(APPLAUSE)
MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. IT IS WITH
GREAT PRIDE I RISE TODAY TO INTRODUCE TWO GREAT FRIENDS ON BEHALF OF
MYSELF, AS WELL AS MY COLLEAGUE, MR. BUCHWALD, AND THAT IS JOSEPH
DEVESIA AND HIS SON, MICHAEL. I'VE HAD THE PRIVILEGE OF KNOWING THESE
TWO FOR MANY YEARS. JOE IS A SMALL BUSINESSOWNER WHO WORKS IN REAL
ESTATE IN THE TOWN OF CARMEL, AS WELL AS IN WEALTH MANAGEMENT AT HIS
FIRM IN MOUNT KISCO. HIS SON MICHAEL ATTENDS HARVEY SCHOOL IN
KATONAH, AND IS ACTIVE IN -- IN BOY SCOUTS, WHERE HE IS -- HE IS NOW
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NYS ASSEMBLY JUNE 18, 2018
ACTIVELY PURSUING THE RANK OF EAGLE SCOUT. HE CAME UP HERE THIS
MORNING TO VISIT COLLEGES AND UNIVERSITIES, AND WANTED TO SEE HOW WE
DO THE PEOPLE'S WORK HERE IN THE PEOPLE'S CHAMBER. SO, SPEAKER,
WOULD YOU PLEASE EXTEND THE CORDIALITIES OF THE HOUSE TO MY TWO
FRIENDS, JOSEPH AND MICHAEL.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BYRNE, THE SPEAKER AND ALL THE MEMBERS, MICHAEL, JOSEPH, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, COMMEND YOU ON
THE WORK THAT YOU'RE DOING, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
HOPE THAT YOU WILL FIND AN ACCEPTABLE SCHOOL IN THE ALBANY AREA, A
GREAT PLACE TO GO TO SCHOOL. WE DO HAVE AN INTERNSHIP PROGRAM THAT
MR. BYRNE MIGHT INFORM YOU ABOUT. BUT PLEASE KNOW THAT WE ARE
HAPPY TO HAVE YOU, AND ALWAYS HAPPY TO HAVE YOU COME BACK. THANK
YOU SO VERY MUCH.
(APPLAUSE)
MR. DILAN.
MR. DILAN: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN INTRODUCTION.
TODAY I HAVE THREE FOURTH-GRADE CLASSES FROM PS106 IN BROOKLYN, WHO
HAVE TAKEN A TOUR OF THE CAPITOL, BOTH THE ASSEMBLY, SENATE CHAMBER
AND THE GOVERNOR'S OFFICE. AND THEY ARE HERE TO OVERSEE THE
PROCEEDINGS HERE TODAY AND LEARN A LITTLE BIT ABOUT HOW STATE
GOVERNMENT WORKS. AND AS SOON AS THEY FIGURE THAT OUT, I HOPE THEY
WILL TEACH ME.
(LAUGHTER)
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NYS ASSEMBLY JUNE 18, 2018
AND -- AND WITH THAT, MR. SPEAKER, THEY ARE ALSO
JOINED BY THREE TEACHERS FROM THE SCHOOL; MS. HENRY, MS. MARTINEZ
AND MS. SILVER, WHO HAVE CHAPERONED THEM HERE TO ALBANY. AND I
ALSO WANTED TO LET THE STUDENTS KNOW THAT I'M A GOOD FRIEND AND A HIGH
SCHOOL BASEBALL TEAMMATE OF MR. PAGAN, WHO ALSO TEACHES AT PS106.
I WOULD LIKE FOR YOU, MR. SPEAKER, TO EXTEND THEM ALL
THE COURTESIES AND PRIVILEGES OF THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. DILAN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
EXTRAORDINARY GROUP OF STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY.
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE ARE SO HAPPY THAT
YOU ARE WITH US THIS MORNING AND WILL BE HERE TO ENJOY THE PROCEEDINGS
AS MUCH AS YOU CAN. AND TO YOUR TEACHERS WHO HAVE ESCORTED YOU,
THANK YOU SO MUCH FOR YOUR INTERESTS IN THE GROWTH AND THE WELL-BEING
OF OUR CHILDREN. PLEASE, ALWAYS KNOW YOU'RE WELCOME BACK HERE.
THANK YOU SO MUCH, GUYS.
(APPLAUSE)
MR. KIM.
MR. KIM: THANK YOU, MR. SPEAKER. TODAY I'M VERY
HAPPY TO BE JOINED BY A FEW OF MY FAMILY MEMBERS. MY FATHER- AND
MOTHER-IN-LAW HAVE JOINED US, MR. LESHAN TAN AND HENG XUE. AND
MY MOTHER-IN-LAW HAS ALSO BEEN JOINED BY HER FAMILY MEMBERS
VISITING FROM CHINA. HER SISTER, KEE (PHONETIC) XUE; AND ZONG
(PHONETIC) XUE, HER BROTHER. THIS IS THEIR FIRST TIME, THE SIBLINGS,
VISITING THE STATE CAPITOL AND OBSERVING THE DEMOCRATIC PROCESS OF THIS
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NYS ASSEMBLY JUNE 18, 2018
COUNTRY. AND I ALSO WANT TO GIVE A QUICK -- YOU KNOW, A BELATED
HAPPY FATHER'S DAY TO MY FATHER-IN-LAW. AND WITHOUT MY
FATHER-IN-LAW AND MOTHER-IN-LAW TAKING CARE OF MY YOUNG DAUGHTERS,
OFTENTIMES, WHEN I'M UP HERE DOING THE PEOPLE'S WORK, I DON'T KNOW
HOW I WOULD BE MANAGING MY FAMILY. I KNOW THAT A LOT OF YOUNG
FAMILIES HERE APPRECIATE THEIR FAMILIES ALSO STEPPING UP, ESPECIALLY
LESHAN TAN. HE'S AN -- AN EXTRAORDINARY MAN WHO CAME HERE TO STUDY,
ALL THE AWAY FROM KUNMING, CHINA AT A TIME WHEN THE CHINESE
GOVERNMENT WAS MISPLACING FOLKS. IT'S -- ACTUALLY, THEY'RE LABELED THE
"LOST GENERATION" OF -- OF CHINA BECAUSE UNDER THE MAO REGIME,
PROFESSIONALS, ACADEMICS, WERE OFTEN PUT INTO LABOR -- PUT INTO PLACES
WHERE THEY DIDN'T WANT TO GO. AND -- AND DESPITE ALL THE HARD
HARDSHIPS, HE MANAGED TO PERSEVERE AND STAY DETERMINED, PURSUING HIS
PH.D AT CORNELL UNIVERSITY, WHERE HE RAISED HIS FAMILY IN ITHACA. AND
THAT'S WHERE MY WIFE, ALISON, WENT TO SCHOOL AS WELL. SO, I JUST WANT
TO ACKNOWLEDGE ALL THE HARD WORK THAT HE PUT IN TO BE AN AMAZING
PERSON FOR THE STATE OF NEW YORK AS WELL.
MR. SPEAKER, PLEASE ALLOW THE PRIVILEGES -- EXTEND THE
PRIVILEGES OF THIS FLOOR TO MY FAMILY TODAY. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. KIM, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE
TO THE NEW YORK STATE ASSEMBLY. AS FAMILY, YOU ALWAYS HAVE THE
PRIVILEGES OF THE FLOOR. WE ARE SO PLEASED THAT YOU COULD BE HERE WITH
US AND YOU WOULD BE ABLE TO SEE YOUR SON AND SON-IN-LAW IN HIS ROLE AS
AN ASSEMBLYMAN. WE ARE SO PROUD OF HIM. AND HE IS SO PROUD OF
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NYS ASSEMBLY JUNE 18, 2018
YOU, AND WE SHARE IN THAT. THANK YOU SO VERY MUCH. I HOPE YOU ENJOY
YOUR TRIP HERE. THANK YOU.
(APPLAUSE)
HOUSEKEEPING.
ON A MOTION BY MR. GOTTFRIED, PAGE 16, RULES REPORT
NO. 201, BILL NO. 11011-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. PRETLOW, PAGE 40, CALENDAR NO.
169, BILL NO. 2303-B, AMENDMENTS ARE RECEIVED AND ADOPTED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO START ON PAGE 3 OF MAIN CALENDAR WITH RESOLUTIONS, AND BEGIN
WITH ASSEMBLY RESOLUTION NO. 1380 BY MS. SIMOTAS.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1380, RULES
AT THE REQUEST OF MS. SIMOTAS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2018 AS POST-TRAUMATIC STRESS
DISORDER AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; ALL OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1381, RULES
AT THE REQUEST OF MR. TITONE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 15 TO JUNE 15, 2018 AS TOURETTE
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NYS ASSEMBLY JUNE 18, 2018
SYNDROME AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. RESOLUTION 1382, RULES
AT THE REQUEST OF MR. BRONSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 2018 AS BREAST CANCER
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1383, RULES
AT THE REQUEST OF MR. JONES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM DECEMBER 4, 2018 AS PALLISTER-KILLIAN
SYNDROME 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.
(PAUSE)
MR. MORELLE.
(PAUSE)
MR. MORELLE: THANK YOU, MR. SPEAKER. IF WE
COULD GO TO PAGE 13 OF THE MAIN CALENDAR, I WANT TO BEGIN CONSENTING
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NYS ASSEMBLY JUNE 18, 2018
WITH RULES REPORT NO. 185 BY MR. WEPRIN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10343, RULES REPORT
NO. 185, WEPRIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
IMPROVING THE MEDICAL PAROLE CERTIFICATION AND CONSIDERATION PROCESS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10369, RULES REPORT
NO. 186, NOLAN. AN ACT TO AMEND CHAPTER 61 OF THE LAWS OF 2002
AMENDING THE EDUCATION LAW AND A CHAPTER OF THE LAWS OF 2002
AMENDING THE EDUCATION LAW RELATING TO REQUIRING CERTAIN PUBLIC
SCHOOL FACILITIES TO RETAIN ON PREMISES AT LEAST ONE FUNCTIONAL CARDIAC
AUTOMATED EXTERNAL DEFIBRILLATOR, AS PROPOSED IN LEGISLATIVE BILL NUMBER
A.8779-A, RELATING TO ON-SITE CARDIAC AUTOMATED EXTERNAL DEFIBRILLATOR,
IN RELATION TO NAMING SUCH ACT THE "LOUIS ACOMPORA AEDS IN SCHOOLS
ACT."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. THIS IS
OUR FIRST VOTE OF WHAT I EXPECT WILL BE MANY, MANY VOTES TODAY, AND
MANY, MANY VOTES THIS WEEK. BUT GETTING THAT FIRST ONE IN SETS THE TONE,
MR. SPEAKER. I'D LOVE TO HAVE EVERYBODY CAST THEIR VOTE. AND THOSE
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NYS ASSEMBLY JUNE 18, 2018
MEMBERS WHO ARE NOT IN THE CHAMBERS, PLEASE MAKE YOUR WAY AS
QUICKLY AS POSSIBLE SO YOU CAN PARTICIPATE IN OUR FIRST VOTE OF THE DAY.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
MR. MORELLE REMINDS US, YOU CAN'T GET TO THE LAST VOTE UNTIL YOU START
WITH THE FIRST VOTE. IF YOU'RE IN YOUR CHAIR, PLEASE VOTE NOW. IF YOU'RE
IN THE SOUND OF OUR VOICE, PLEASE COME TO THE CHAMBER AND CAST YOUR
VOTE. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10410, RULES REPORT
NO. 187, CARROLL, ENGLEBRIGHT, WEPRIN, D. ROSENTHAL, PICHARDO, ORTIZ,
PELLEGRINO, D'URSO, L. ROSENTHAL. AN ACT TO AMEND THE REAL PROPERTY
TAX LAW, IN RELATION TO PROVIDING A TAX ABATEMENT FOR ELECTRIC ENERGY
STORAGE EQUIPMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. CARROLL TO EXPLAIN HIS VOTE.
MR. CARROLL: THANK YOU, MR. SPEAKER. I RISE
TODAY TO EXPLAIN MY VOTE. THIS BILL WILL PROVIDE A PROPERTY TAX
ABATEMENT TO THOSE INDIVIDUALS WHO INSTALL AN ENERGY STORAGE SYSTEM IN
THEIR HOME OR COOPERATIVE. WHAT AN ENERGY STORAGE SYSTEM OSTENSIBLY
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NYS ASSEMBLY JUNE 18, 2018
IS IS A BATTERY SYSTEM THAT IS CONNECTED TO SOLAR PANELS OR OTHER FORMS
OF RENEWABLE ENERGY. THIS IS THE NEXT STEP IN MAKING NEW YORK'S
ECONOMY MORE GREEN AND OUR ENERGY INFRASTRUCTURE MORE GREEN. THIS
WILL MAKE OUR GRID MORE DYNAMIC AND ALLOW FOR FUTURE GROWTH OF
GREEN ENERGY.
I -- I NOW REQUEST TO PULL MY ABSTENTION AND VOTE IN
THE AFFIRMATIVE, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. CARROLL 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 CITIES COMMITTEE TO JOIN MR. BENEDETTO IN
THE SPEAKER'S CONFERENCE ROOM. CITIES COMMITTEE, SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER AUBRY: CITIES COMMITTEE,
SPEAKER'S CONFERENCE ROOM, IMMEDIATELY.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10474, RULES REPORT
NO. 188, ENGLEBRIGHT, CUSICK, CARROLL, SANTABARBARA, BARRON, HUNTER,
GOTTFRIED, ORTIZ, COLTON, ARROYO, LIFTON, ABINANTI, JAFFEE, LUPARDO,
DAVILA, MOSLEY, SEAWRIGHT, SIMON, WILLIAMS, HYNDMAN, NIOU,
D'URSO, WOERNER, MURRAY, DICKENS, PELLEGRINO, GALEF, STIRPE,
16
NYS ASSEMBLY JUNE 18, 2018
L. ROSENTHAL, MAGNARELLI, WALLACE, STECK. AN ACT TO AMEND THE PUBLIC
SERVICE LAW, IN RELATION TO RATE SCHEDULES FOR NET ENERGY METERING; AND
DIRECTING THE LONG ISLAND POWER AUTHORITY TO ADOPT A METHODOLOGY FOR
THE ESTABLISHMENT OF A VALUE OF DISTRIBUTED ENERGY RESOURCES CREDITING
MECHANISM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10614, RULES REPORT
NO. 189, WEPRIN. AN ACT TO AMEND THE EXECUTIVE LAW AND THE
GENERAL MUNICIPAL LAW, IN RELATION TO TRAINING FOR POLICE OFFICERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10654, RULES REPORT
NO. 190, PAULIN, SEAWRIGHT. AN ACT TO AMEND THE NOT -- NOT-FOR-PROFIT
CORPORATION LAW, IN RELATION TO THE REGULATION OF KEY PERSONS.
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. A10696, RULES REPORT
NO. 191, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY
LAW, IN RELATION TO AMENDING THE CONTRIBUTION PROVISIONS APPLICABLE TO
CERTAIN NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM (NYCERS)
17
NYS ASSEMBLY JUNE 18, 2018
SPECIAL PLANS SUBJECT TO RETIREMENT AND SOCIAL SECURITY LAW (RSSL)
ARTICLES 14 AND 15 TO ALLOW USING ANY EXCESS BASIC OR ADDITIONAL
MEMBER CONTRIBUTIONS TO OFFSET ANY DEFICITS IN SUCH OTHER CONTRIBUTION
ACCOUNT PRIOR TO DATE OF RETIREMENT.
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.)
ACTING SPEAKER DENDEKKER: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10729, RULES REPORT
NO. 192, FERNANDEZ, SOLAGES, PICHARDO, WILLIAMS, JAFFEE, ORTIZ,
D'URSO, ARROYO, AUBRY, DICKENS, COOK, GOTTFRIED, RIVERA, DAVILA. AN
ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO THE
CONFIDENTIALITY OF CLINICAL RECORDS.
ACTING SPEAKER DENDEKKER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER DENDEKKER: THE CLERK WILL
18
NYS ASSEMBLY JUNE 18, 2018
RECORD THE VOTE.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10734, RULES REPORT
NO. 193, HEVESI. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO PROVIDING RENT SUBSIDIES TO INDIVIDUALS LIVING WITH ROOMMATES.
ACTING SPEAKER DENDEKKER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER DENDEKKER: 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. A10768, RULES REPORT
NO. 194, MORELLE. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
EXTENDING THE EMPIRE STATE COMMERCIAL PRODUCTION TAX CREDIT.
ACTING SPEAKER DENDEKKER: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10826-A, RULES
REPORT NO. 195, LUPARDO, GOTTFRIED. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO THE DEFINITIONS OF CONCENTRATED CANNABIS AND
MARIHUANA.
ACTING SPEAKER DENDEKKER: READ THE LAST
SECTION.
19
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER DENDEKKER: 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. A10827, RULES REPORT
NO. 196, MAGEE, LUPARDO, SANTABARBARA. AN ACT TO AMEND AGRICULTURE
AND MARKETS LAW, THE PUBLIC HEALTH LAW AND THE ALCOHOLIC BEVERAGE
CONTROL LAW, IN RELATION TO ICE CREAM OR OTHER FROZEN DESSERTS MADE
WITH WINE, BEER OR CIDER.
ACTING SPEAKER DENDEKKER: READ THE LAST
SECTION -- ON A MOTION BY MR. MAGEE, 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 DENDEKKER: 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
20
NYS ASSEMBLY JUNE 18, 2018
LIKE TO ASK MEMBERS OF THE CODES COMMITTEE TO JOIN THE CHAIR, MR.
LENTOL, IN THE SPEAKER'S CONFERENCE ROOM. CODES IN THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER DENDEKKER: CODES
COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM. PLEASE, CHAIRMAN
LENTOL IS AWAITING.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10833, RULES REPORT
NO. 197, WEINSTEIN. AN ACT MAKING AN APPROPRIATION TO THE COLLEGE
SAVINGS ACCOUNT FOR PAYMENT OF SERVICES AND EXPENSES RELATED TO THE
ADMINISTRATION OF THE COLLEGE CHOICE TUITION SAVINGS PROGRAM.
ACTING SPEAKER DENDEKKER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER DENDEKKER: 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. A10905, RULES REPORT
NO. 198, LUPARDO, WRIGHT, SEAWRIGHT. AN ACT TO AMEND THE BANKING
LAW, IN RELATION TO PUBLIC AWARENESS OF JOINT DEPOSIT AND CONVENIENCE
ACCOUNTS.
ACTING SPEAKER DENDEKKER: ON A MOTION
21
NYS ASSEMBLY JUNE 18, 2018
BY THE SENATE -- BY THE -- ON A MOTION BY MS. LUPARDO, 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 DENDEKKER: 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. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.
MR. GOODELL: THANK YOU, MR. SPEAKER. IT IS MY
PLEASURE TO WELCOME BACK TO THE CHAMBER OUR FORMER ASSEMBLYMAN,
PETER LOPEZ. AFTER SERVING VERY WELL AND ADMIRABLY HERE ON THE FLOOR,
HE WENT ON TO BIGGER AND BETTER THINGS, AND HE IS NOW THE REGIONAL
ADMINISTRATOR FOR THE UNITED STATES ENVIRONMENTAL PROTECTION
ADMINISTRATION. ACCOMPANYING MR. LOPEZ ARE TWO OTHER
DISTINGUISHED INDIVIDUALS OF THE EPA, INCLUDING KENNETH WAGNER,
WHO'S A SENIOR ADVISOR; AND ERIN CHANCELLOR, WHO IS COUNSEL.
AND SO IF YOU WOULD EXTEND THE GREETINGS TO OUR
FORMER COLLEAGUE WHO HAS GONE ON TO BIGGER AND BETTER THINGS, AND HIS
TOP STAFF, I'D CERTAINLY APPRECIATE IT. THANK YOU VERY MUCH, MR.
SPEAKER.
ACTING SPEAKER DENDEKKER: YES. ON
BEHALF OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, MR. LOPEZ,
22
NYS ASSEMBLY JUNE 18, 2018
WELCOME BACK. YOU'RE A MEMBER, YOU ALWAYS HAVE THE PRIVILEGES OF
THE FLOOR AND THE CORDIALITIES OF THE HOUSE. AND WELCOME TO YOUR
GUESTS THAT ARE HERE. AND WE HOPE TODAY YOU ENJOY THE PROCEEDINGS,
AND WE THANK YOU FOR THE VITAL WORK THAT YOU'RE DOING TO PROTECT OUR
ENVIRONMENT AND THE STATE OF NEW YORK. THANK YOU.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10938, RULES REPORT
NO. 199, GUNTHER, JAFFEE, LUPARDO. AN ACT TO AMEND THE MENTAL
HYGIENE LAW, IN RELATION TO THE GERIATRIC SERVICE DEMONSTRATION
PROGRAM, TO PROMOTE MENTAL HEALTH AND HOME CARE COLLABORATION
WITHIN THE PROGRAM.
ACTING SPEAKER DENDEKKER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER DENDEKKER: 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. A10971-A, RULES
REPORT NO. 200, MAGNARELLI, CYMBROWITZ. AN ACT REDISTRIBUTING BOND
VOLUME ALLOCATIONS MADE PURSUANT TO SECTION 146 OF THE FEDERAL TAX
23
NYS ASSEMBLY JUNE 18, 2018
REFORM ACT OF 1986, RELATING TO ALLOCATION OF THE UNIFIED STATE BOND
VOLUME CEILING, AND ENACTING THE PRIVATE ACTIVITY BOND ALLOCATION
ACT OF 2018; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
EXPIRATION 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.
THE CLERK: ASSEMBLY NO. A11011-A, RULES NO.
201 HAS BEEN AMENDED.
ASSEMBLY NO. A11013-A, RULES REPORT NO. 202,
COMMITTEE ON RULES (SOLAGES, CRESPO, KIM, NIOU, BARRON, DAVILA,
DE LA ROSA, DICKENS, EPSTEIN, ESPINAL, FERNANDEZ, HEVESI, HYNDMAN,
JAFFEE, JEAN-PIERRE, LENTOL, MOSLEY, O'DONNELL, PICHARDO, PRETLOW,
RAMOS, ROZIC, SEAWRIGHT, WEPRIN, WILLIAMS, WRIGHT, LAVINE,
GOTTFRIED, D'URSO, PERRY, JOYNER, ORTIZ, FAHY, SIMON, BUCHWALD,
LIFTON, ARROYO, GLICK, L. ROSENTHAL, TAYLOR, BICHOTTE). ACT TO AMEND
THE CIVIL RIGHTS LAW AND THE JUDICIARY LAW, IN RELATION TO PROTECTING
CERTAIN INTERESTED PARTIES OR PEOPLE FROM CIVIL ARREST WHILE GO TO,
REMAINING AT, OR RETURN FROM THE PLACE OF SUCH COURT PROCEEDING.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
24
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: ASSEMBLY NO. A11019, RULES REPORT
NO. 203, COMMITTEE ON RULES (WALKER, PEOPLES-STOKES). AN ACT TO
AMEND THE STATE FINANCE LAW, IN RELATION TO AUTHORIZING THE USE OF
CENTRALIZED SERVICES BY PUBLIC AUTHORITIES AND PUBLIC BENEFIT
CORPORATIONS.
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. A11022-A, RULES
REPORT NO. 204, COMMITTEE ON RULES (MAGNARELLI). AN ACT TO AMEND
THE EDUCATION LAW, IN RELATION TO STANDARDIZED TEST ADMINISTRATION.
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.
25
NYS ASSEMBLY JUNE 18, 2018
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11030, RULES REPORT
NO. 205, COMMITTEE ON RULES (D. ROSENTHAL). AN ACT TO AMEND THE
WORKERS' COMPENSATION LAW, IN RELATION TO PRESUMPTIONS FOR INJURED
WORKERS WHO HAVE NOT REFUSED AN OFFER OF REEMPLOYMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A11043, RULES REPORT
NO. 206, COMMITTEE ON RULES (STERN). AN ACT TO AMEND THE INSURANCE
LAW, IN RELATION TO INSURANCE COVERAGE FOR ENTERAL FORMULA.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. I WILL BE SUPPORTING THIS BILL, BUT I -- I WANT TO NOTE THAT THIS
IS ONE MORE MANDATED INSURANCE COVERAGE THAT WE ARE IMPOSING ON THE
BACK OF EVERYONE WHO BUYS INSURANCE. AND EACH ONE OF THESE
INDIVIDUAL MANDATES IS A GREAT COVERAGE, AND EACH ONE ADDS TO THE COST
OF INSURANCE. AND EVERY TIME WE ADD TO THE COST OF INSURANCE, WE LOSE
A NUMBER OF PEOPLE WHO CAN NO LONGER AFFORD IT. SO, I -- I REALLY AGAIN
URGE OUR LEGISLATURE TO CONSIDER THE OPTION OF ALLOWING SMALL
BUSINESSES AND INDIVIDUALS TO BUY A BASIC POLICY THAT'S MUCH MORE
26
NYS ASSEMBLY JUNE 18, 2018
AFFORDABLE, THAT DOESN'T HAVE NEARLY 60 MANDATED INSURANCE COVERAGES,
BUT CAN BE TAILORED TO THEIR SPECIFIC INSURANCE NEEDS.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11046, RULES REPORT
NO. 207, COMMITTEE ON RULES (NOLAN). AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO THE SMART SCHOOLS REVIEW BOARD.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. SMITH TO EXPLAIN HIS VOTE.
MR. SMITH: THANK YOU, MR. SPEAKER. I'D LIKE TO
TAKE A MOMENT TO COMMEND THE SPONSOR OF THIS BILL. AS ALL OF US
REMEMBER, IN 2014, IN THE 2014-2015 NEW YORK STATE BUDGET, IT -- IT
APPROVED $2 BILLION FOR THE SMART SCHOOLS BOND ACT. THEN
SUBSEQUENTLY THAT NOVEMBER, THE VOTERS OF THE STATE OF NEW YORK
OVERWHELMINGLY APPROVED THIS MONEY, WHICH WAS TO GIVE OUR LOCAL
SCHOOLS MONEY TO UPGRADE THEIR TECHNOLOGY NEEDS. IN LIGHT OF
NUMEROUS SCHOOL SHOOTING TRAGEDIES, THIS MONEY NOW -- THERE'S BEEN A
27
NYS ASSEMBLY JUNE 18, 2018
REQUEST BY OUR SCHOOL DISTRICTS TO USE THIS MONEY TO UPGRADE THEIR
SECURITY IN THE BUILDINGS. UNFORTUNATELY, THIS BILL IS NECESSARY BECAUSE
THE SMART SCHOOLS REVIEW BOARD HAS ONLY MET A HANDFUL OF TIMES
BETWEEN 2014 AND TODAY, AND OUT OF THE $2 BILLION, $1.6 BILLION IS STILL
SITTING HERE IN ALBANY AND HAS NOT MADE ITS WAY BACK TO OUR SCHOOL
DISTRICTS. SO, I WOULD ASK -- I SEE ALL OF MY COLLEAGUES ARE SUPPORTING
THIS BILL, AND I WANT TO THANK YOU. OUR SCHOOLS AT THIS TIME NEED THAT
MONEY TO COME TO OUR LOCAL COMMUNITIES SO THAT WE CAN IMPROVE
SCHOOL SAFETY TO ENSURE OUR CHILDREN ARE SAFE EVERY SINGLE DAY.
SO I THANK THE SPONSOR, AND I THANK YOU. I'LL BE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. SMITH IN THE
AFFIRMATIVE.
MR. MURRAY TO EXPLAIN HIS VOTE.
MR. MURRAY: MR. SPEAKER, JUST BRIEFLY. I'D ECHO
THE SENTIMENTS OF MY COLLEAGUE, AND ALSO WOULD LIKE TO COMMEND THE
SPONSOR OF THE BILL. THIS IS MUCH-NEEDED THAT WE DO HAVE THIS REVIEW
BOARD MEET ON A MORE REGULAR BASIS. IN FACT, I WOULD MAKE THE
SUGGESTION THAT MAYBE WE -- WHILE I AM -- AM SUPPORTING THIS BILL, I
WOULD MAKE THE SUGGESTION THAT WE GO BACK AND -- AND MAYBE URGE
THEM TO MEET EVEN MORE FREQUENTLY. THE BACKLOG RIGHT NOW, WE'VE GOT
AT LEAST 50 SCHOOL DISTRICTS RIGHT NOW IN A BACKLOG SITUATION WAITING FOR
APPROVAL, WAITING TO SPEND THE MONEY, WAITING TO PUT SAFETY MEASURES
IN PLACE AND THEY CANNOT GET THE APPROVAL AND GET -- NOT GET THE MONEY
THROUGH. I WOULD RECOMMEND WE HAVE THIS REVIEW BOARD MEET ON A
28
NYS ASSEMBLY JUNE 18, 2018
MONTHLY BASIS UNTIL WE ARE CAUGHT UP WITH THE BACKLOG, AND THEN
MAYBE GO TO A QUARTERLY BASIS.
BUT IN THE INTERIM, I DO COMMEND THE SPONSOR. I WILL
SUPPORT THIS BILL, BUT I WOULD STRONGLY URGE THAT WE CONSIDER GOING
MONTHLY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MURRAY IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11048, RULES REPORT
NO. 208, COMMITTEE ON RULES (ABINANTI). AN ACT TO AMEND THE
SURROGATE'S COURT PROCEDURE LAW, IN RELATION TO THE GRANTING OF LETTERS
OF ADMINISTRATION AND LETTERS OF ADMINISTRATION WITH WILL ANNEXED.
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. MS.
WEINSTEIN WOULD REQUEST THE PLEASURE OF EVERYONE'S COMPANY WHO IS A
29
NYS ASSEMBLY JUNE 18, 2018
MEMBER OF THE WAYS AND MEANS COMMITTEE IN THE SPEAKER'S
CONFERENCE ROOM. WAYS AND MEANS, SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: WAYS AND MEANS,
SPEAKER'S CONFERENCE ROOM.
THE CLERK: ASSEMBLY NO. A11050, RULES REPORT
NO. 209, COMMITTEE ON RULES (LUPARDO, LIFTON). AN ACT TO AMEND THE
ELDER LAW, IN RELATION TO THE LONG-TERM CARE OMBUDSMAN 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.)
ACTING SPEAKER PICHARDO: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11057-A, RULES
REPORT NO. 210, COMMITTEE ON RULES (GLICK, FAHY). AN ACT TO AMEND
THE EDUCATION LAW, IN RELATION TO MANDATORY REPORTING OF CERTAIN
CONVICTIONS, PROFESSIONAL MISCONDUCT AND/OR ADVERSE EMPLOYMENT
ACTIONS; AND TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO
NOTICE TO THE EDUCATION DEPARTMENT.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
30
NYS ASSEMBLY JUNE 18, 2018
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11094, RULES REPORT
NO. 211, COMMITTEE ON RULES (CARROLL, RODRIGUEZ). AN ACT TO AMEND
THE PUBLIC AUTHORITIES LAW, IN RELATION TO CAPITAL PROGRAM PLANS.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE CLERK: ASSEMBLY NO. A11097, RULES REPORT
NO. 212, COMMITTEE ON RULES (MORELLE). AN ACT TO AMEND CHAPTER
656 OF THE LAWS OF 2002 AMENDING THE GENERAL BUSINESS LAW RELATING
TO RENTAL VEHICLE PROTECTIONS, IN RELATION TO EXTENDING THE PROVISIONS OF
SUCH CHAPTER.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MR. MORELLE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
31
NYS ASSEMBLY JUNE 18, 2018
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11119, RULES REPORT
NO. 213, COMMITTEE ON RULES (WEINSTEIN). AN ACT TO AMEND THE
GENERAL MUNICIPAL LAW, IN RELATION TO THE AMOUNT OF DOLLARS THAT MAY
BE INVESTED IN THE OBLIGATIONS OF ANY CORPORATION, BANK, TRUST COMPANY
OR AGENCY.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11124, RULES REPORT
NO. 214, COMMITTEE ON RULES (THIELE). AN ACT TO AMEND THE GENERAL
32
NYS ASSEMBLY JUNE 18, 2018
CITY LAW, THE TOWN LAW AND THE VILLAGE LAW, IN RELATION TO
IDENTIFYING LANDS AT RISK FROM SEA LEVEL RISE OR FLOODING AS ELIGIBLE
SENDING DISTRICTS.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01050-A, RULES
REPORT NO. 215, STIRPE, JAFFEE, LUPARDO, O'DONNELL, BLAKE, GOTTFRIED,
CAHILL, SKOUFIS, GOODELL, FINCH, PALMESANO, PAULIN, STECK, ARROYO,
DAVILA, PICHARDO, FRIEND, BUCHWALD, MAGNARELLI, SIMON, HAWLEY,
GUNTHER, HUNTER, PEOPLES-STOKES, WEPRIN, DIPIETRO, QUART, ABINANTI,
SEAWRIGHT, OTIS, BARRETT, RYAN, M.G. MILLER, BENEDETTO, JENNE,
ZEBROWSKI, CUSICK, L. ROSENTHAL, FAHY, ROZIC, LIFTON, MCDONALD,
WRIGHT, M.L. MILLER, ORTIZ, CARROLL, BRINDISI, JEAN-PIERRE, BARCLAY,
ENGLEBRIGHT, DILAN, DE LA ROSA, WALKER, D'URSO, RAMOS, MORINELLO,
MCDONOUGH, WALLACE, TITONE, ERRIGO. AN ACT TO AMEND THE JUDICIARY
LAW, IN RELATION TO THE COURT-APPOINTED SPECIAL ADVOCATES PROGRAM.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
33
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. SO, AS MANY
OF YOU KNOW, MY PRACTICE HAS INVOLVED WORK IN FAMILY COURT FOR
ABOUT 10 OR 15 YEARS NOW, AND I PRIMARILY WORK AS AN ATTORNEY FOR THE
CHILD. I -- I'M OPPOSED TO THIS BILL BECAUSE -- I HAVE A COUPLE OF
REASONS. I THINK THAT THE BILL FAILS TO PROVIDE ADEQUATE CLARITY REGARDING
THE ROLE, RESPONSIBILITY AND -- AND EXPECTATIONS FOR CASA, WHICH IS THE
COURT-APPOINTED SPECIAL ADVOCATE. AND I THINK IT CEDES THE AUTHORITY
FROM THE LEGISLATURE TO THE COURTS. AND I THINK THAT SINCE THE BILL
CODIFIES EXISTING COURT RULES TO DEFINE A CASA AND ITS SCOPE, THAT THIS
REPRESENTS AN IMPERMISSIBLE DELEGATION OF LEGISLATIVE POWER TO THE
JUDIC -- JUDICIARY. THE NEW YORK PUBLIC WELFARE ASSOCIATION IS
AGAINST THIS BILL. THE LEGAL AID SOCIETY IS AGAINST THIS BILL, AND SO ARE
-- WELL, THE LEGAL AID SOCIETY LAWYERS FOR CHILDREN.
SO, FOR THOSE REASONS, I'M VOTING AGAINST THIS BILL.
THANK YOU.
ACTING SPEAKER PICHARDO: MS. WALSH IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
34
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: ASSEMBLY NO. A01815, RULES REPORT
NO. 216, DINOWITZ, COLTON, GOTTFRIED. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO THE RIGHTS OF COOPERATIVE AND
CONDOMINIUM SPONSORS AND PURCHASERS REGARDING THE RENTAL OF VACANT
DWELLING UNITS.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A03145-A, RULES
REPORT NO. 217, THIELE. AN ACT TO AMEND THE REAL PROPERTY LAW, IN
RELATION TO LEASE-HOLD RETIREMENT COMMUNITIES.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A03694-C, RULES
REPORT NO. 218, GUNTHER, LIFTON, SKOUFIS, BUCHWALD, GALEF, ABINANTI,
STECK, L. ROSENTHAL. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION
TO ESTABLISHING THE MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
REPORT ACT.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
35
NYS ASSEMBLY JUNE 18, 2018
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04029-A, RULES
REPORT NO. 219, THIELE, CAHILL, CRESPO, ENGLEBRIGHT, MCDONOUGH,
MONTESANO, MORINELLO, MURRAY, TITONE, RAIA, L. ROSENTHAL, SKOUFIS,
D'URSO, LUPARDO. AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW,
IN RELATION TO THE CONFINEMENT OF COMPANION ANIMALS IN UNATTENDED
MOTOR VEHICLES UNDER CONDITIONS THAT ENDANGER THE HEALTH OR
WELL-BEING OF AN ANIMAL.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07129-A, RULES
REPORT NO. 220, WILLIAMS. AN ACT TO AMEND TAX LAW AND THE
EDUCATION LAW, IN RELATION TO GIFT FOR CITY UNIVERSITY OF NEW YORK.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MS. WILLIAMS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
36
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07153-A, RULES
REPORT NO. 221, O'DONNELL. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO REQUIRING INSURANCE COVERAGE FOR PRE-EXPOSURE PROPHYLAXIS
AND POST-EXPOSURE PROPHYLAXIS TO PREVENT HIV INFECTION.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A07599-A, RULES
REPORT NO. 222, ABBATE, COLTON, RICHARDSON, DICKENS, MOSLEY,
HYNDMAN, RODRIGUEZ, ORTIZ, AUBRY, BARNWELL, SOLAGES, DE LA ROSA,
PERRY, DENDEKKER. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
SECURITY LAW, IN RELATION TO THE DEFINITION OF OVERTIME CEILING.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A07728-A, RULES
REPORT NO. 223, NOLAN, BRINDISI, MOSLEY. AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO AUTHORIZING PRIVATE SPECIAL EDUCATION
SCHOOLS TO SEEK DEPARTMENT APPROVAL TO OFFER ALTERNATIVE HIGH SCHOOL
EQUIVALENCY PREPARATION PROGRAMS.
37
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07936-A, RULES
REPORT NO. 224, ABINANTI, WILLIAMS, RODRIGUEZ, ORTIZ, SIMON, GALEF,
BLAKE, RA, D'URSO, DE LA ROSA, PEOPLES-STOKES, OTIS. AN ACT TO
AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO REQUIRING
SUPERMARKETS TO MAKE EXCESS FOOD AVAILABLE TO QUALIFYING CHARITIES.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A08382-B, RULES
REPORT NO. 225, GALEF, MCDONALD. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO REQUIRING IMMEDIATE NOTIFICATION BY LAW
ENFORCEMENT OF THE FILING OF AN ACCUSATORY INSTRUMENT ALLEGING A SEX
OFFENSE BY AN EMPLOYEE.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
38
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09522-A, RULES
REPORT NO. 226, WOERNER, BRINDISI, BRABENEC, BLANKENBUSH, FINCH,
JONES. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO
SLOW-MOVING VEHICLES.
ACTING SPEAKER PICHARDO: 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 180TH
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09950-B, RULES
REPORT NO. 227, GOTTFRIED, BRAUNSTEIN, ENGLEBRIGHT, CAHILL,
MCDONALD, D'URSO, CROUCH, THIELE, SEAWRIGHT, BUCHWALD, LIFTON,
39
NYS ASSEMBLY JUNE 18, 2018
DICKENS, TAYLOR, JAFFEE, NIOU, LUPARDO, BARRON, ZEBROWSKI, NORRIS,
LAWRENCE, ERRIGO, MONTESANO, BLAKE, ORTIZ, COOK, MOSLEY, LAVINE,
GLICK, CRESPO, BICHOTTE, DE LA ROSA, GOODELL, RIVERA, FAHY. AN ACT
TO AMEND THE PUBLIC HEALTH LAW AND THE EDUCATION LAW, IN RELATION TO
HOSPITAL STANDING ORDERS FOR THE CARE OF NEWBORNS.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09985, RULES REPORT
NO. 229, PAULIN, DINOWITZ, GALEF, SEAWRIGHT, VANEL. AN ACT TO AMEND
THE GENERAL BUSINESS LAW, IN RELATION TO THE ONE-CALL NOTIFICATION
SYSTEM; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10281-A, RULES
40
NYS ASSEMBLY JUNE 18, 2018
REPORT NO. 230, ABINANTI, GALEF, BUCHWALD, OTIS. AN ACT MANDATING
THAT THE PUBLIC SERVICE COMMISSION REQUIRE EVERY ELECTRONIC AND
TELECOMMUNICATIONS CORPORATION AND ASSOCIATION TO SUBMIT THEIR
REPORTS TO THE COMMISSION PURSUANT TO A PROCEEDING OF THE
COMMISSION TO EVALUATE A STANDARDIZED FACILITY AND EQUIPMENT TRANSFER
PROGRAM.
ACTING SPEAKER PICHARDO: 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. A10459-A, RULES
REPORT NO. 231, LUPARDO, ARROYO, HYNDMAN, WALSH, ERRIGO, MURRAY,
BRAUNSTEIN, HEVESI. AN ACT TO AMEND TO AMEND THE SOCIAL SERVICES
LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO AUTHORIZING RESIDENTS OF
ASSISTED LIVING PROGRAMS TO RECEIVE HOSPICE SERVICES.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
41
NYS ASSEMBLY JUNE 18, 2018
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10468-B, RULES
REPORT NO. 232, RYAN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO AUTHORIZING THE RECLASSIFICATION OF CONTROLLED SUBSTANCES BY
REGULATION.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10574, RULES REPORT
NO. 233, HYNDMAN. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO
THEFT OF SERVICES FROM BARBERSHOPS, SALONS AND BEAUTY SHOPS.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MS. HYNDMAN, 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
42
NYS ASSEMBLY JUNE 18, 2018
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10644, RULES REPORT
NO. 234, GUNTHER, JEAN-PIERRE, SANTABARBARA. AN ACT TO AMEND THE
MENTAL HYGIENE LAW, IN RELATION TO A HOSPITAL'S POLICIES AND
PROCEDURES REGARDING DISCHARGE OF INDIVIDUALS WITH A MENTAL HEALTH
DISORDER.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MRS. GUNTHER, 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 PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
43
NYS ASSEMBLY JUNE 18, 2018
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO ASK MEMBERS OF THE RULES COMMITTEE TO JOIN THE SPEAKER IN THE
SPEAKER'S CONFERENCE ROOM. RULES IN THE SPEAKER'S CONFERENCE
ROOM.
ACTING SPEAKER PICHARDO: RULES
COMMITTEE, SPEAKER'S CONFERENCE ROOM. MEMBERS, PLEASE START
MAKING YOUR WAY OVER THERE.
THE CLERK -- THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10675, RULES REPORT
NO. 235, GOTTFRIED. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO THE EARLY INTERVENTION COORDINATING COUNCIL AND THE
MATERNAL CHILD HEALTH SERVICES BLOCK GRANT ADVISORY COUNCIL; AND TO
AMEND CHAPTER 882 OF THE LAWS OF 1982 RELATING TO REQUIRING THE
GOVERNOR TO SUBMIT TO THE LEGISLATURE DETAILED REPORTS FOR EACH FEDERAL
BLOCK GRANT, IN RELATION TO ADVISORY COUNCILS FOR BLOCK GRANTS
ADMINISTERED BY THE DEPARTMENT OF HEALTH.
ACTING SPEAKER PICHARDO: 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.
44
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: ASSEMBLY NO. A11016, RULES REPORT
NO. 236, COMMITTEE ON RULES (COOK). AN ACT TO AMEND THE EXECUTIVE
LAW AND THE SURROGATE'S COURT PROCEDURE ACT, IN RELATION TO BURIAL
EXPENSES.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MRS. COOK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A11036, RULES REPORT
NO. 237, COMMITTEE ON RULES (TITUS). AN ACT TO AMEND THE INSURANCE
LAW, IN RELATION TO THE DEFINITION OF LOSS COST FOR PURPOSES OF WORKERS'
COMPENSATION INSURANCE.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A11051, RULES REPORT
NO. 238, COMMITTEE ON RULES (PAULIN, SOLAGES, DINOWITZ). AN ACT TO
AMEND THE TAX LAW, IN RELATION TO UNRELATED BUSINESS TAXABLE INCOME
OF A TAXPAYER.
45
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO ASK YOU TO TAKE UP THE FOLLOWING TWO BILLS WHICH WERE
INADVERTENTLY LAID ASIDE. FIRST WILL BE RULES REPORT NO. 192 BY MS.
FERNANDEZ ON PAGE 15, AND THEN RULES REPORT NO. 229 ON PAGE 22 BY
MS. PAULIN.
ACTING SPEAKER PICHARDO: THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A10729, RULES REPORT
NO. 192, FERNANDEZ, SOLAGES, PICHARDO, WILLIAMS, JAFFEE, ORTIZ,
D'URSO, ARROYO, AUBRY, DICKENS, COOK, GOTTFRIED, RIVERA, DAVILA. AN
ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO THE
CONFIDENTIALITY OF CLINICAL RECORDS.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
46
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
CONGRATULATIONS, MS. FERNANDEZ, ON YOUR FIRST.
(APPLAUSE)
FOR MANY MORE.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: RULES REPORT NO. 229, SENATE BILL NO.
S06756-A, GRIFFO (A09985, PAULIN, DINOWITZ, GALEF, SEAWRIGHT,
VANEL). AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE
ONE-CALL NOTIFICATION SYSTEM; AND PROVIDING FOR THE REPEAL OF CERTAIN
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
47
NYS ASSEMBLY JUNE 18, 2018
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I
UNDERSTAND MEMBERS HAVE ON THEIR DESKS AN A-, B- AND C-CALENDAR. I
NOW MOVE TO ADVANCE THE A-, B- AND C-CALENDARS.
ACTING SPEAKER AUBRY: ON MR. MORELLE'S
MOTION, THE A-, B- AND C-CALENDARS ARE ADVANCED.
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. I WOULD LIKE TO
NOW GO TO THE DEBATE LIST AND LIKE TO TAKE UP IN THIS ORDER THE FOLLOWING
THREE BILLS OFF THAT DEBATE LIST: BEGINNING WITH RULES REPORT NO. 35 BY
MR. HEVESI ON PAGE 4. CONTINUE AFTER THAT WITH RULES REPORT NO. 41
BY MR. GOTTFRIED, WHICH IS ALSO ON PAGE 4. AND THEN FLIPPING TO PAGE
5, TAKE UP RULES REPORT NO. 50 BY MR. VANEL.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01683-B, RULES
REPORT NO. 35, HEVESI. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO ELECTRONIC DELIVERY OF PROPERTY-CASUALTY INSURANCE NOTICES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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.)
48
NYS ASSEMBLY JUNE 18, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04507-A, RULES
REPORT NO. 41, GOTTFRIED. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
REQUIRING WRITTEN NOTICE OF THE COLLECTION OF A TAX LEVY TO BE PROVIDED
BY REGISTERED OR CERTIFIED MAIL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. AS A
COURTESY TO ALL MY COLLEAGUES, I WILL TAKE THE OPPORTUNITY TO EXPLAIN MY
VOTE RATHER THAN TO DEBATE THE BILL.
(APPLAUSE)
DON'T USE UP ALL TWO MINUTES WITH APPLAUSE.
(LAUGHTER)
THIS BILL REQUIRES --
ACTING SPEAKER AUBRY: CHEAP WAY TO GET
APPLAUSE, MR. GOODELL.
MR. GOODELL: IT IS. CERTAINLY. THIS BILL REQUIRES
THAT NOTICES FROM THE TAX DEPARTMENT BE SENT BY REGISTERED OR CERTIFIED
MAIL, AND I'M SURE THE SPONSOR BELIEVES THAT IS A MORE LIKELY FORM OF
COMMUNICATION TO RECEIVE THE TAXPAYERS. UNFORTUNATELY, I HAVE HAD
ACTUAL PERSONAL EXPERIENCE IN THIS SITUATION. WHEN YOU SEND A LETTER BY
49
NYS ASSEMBLY JUNE 18, 2018
FIRST-CLASS MAIL, IT STAYS IN THE PERSON'S MAILBOX UNTIL THEY COME HOME
AND EVENTUALLY FIND IT. WHEN YOU SEND IT BY REGISTERED OR CERTIFIED
MAIL, IF THE INDIVIDUAL DIDN'T SIGN FOR IT, IT'S RETURNED BACK TO THE SENDER.
AND I HAD THAT PERSONAL SITUATION WHERE OUR TAX DEPARTMENT IN MY
COUNTY USED TO SEND IT BY CERTIFIED OR REGISTERED MAIL, THINKING THEY
WERE DOING A COURTESY, UNTIL WE FOUND OUT THAT SOME OF OUR TAXPAYERS
WHO MAY HAVE BEEN ON VACATION OR ILL OR OUT OF THEIR -- YOU KNOW, NOT
AT THEIR HOUSE FOR SOME REASON -- NEVER, EVER RECEIVED A NOTICE. AND SO
I THINK WE NEED TO BE MINDFUL THAT WHILE THE INTENT OF THIS BILL IS
CERTAINLY VERY POSITIVE, THE PRACTICAL RAMIFICATIONS MAY NOT BE AS
EXPECTED, AND THE UNANTICIPATED CONSEQUENCE MAY BE THAT INDIVIDUALS
DON'T RECEIVE THE NOTICE AT ALL.
FOR THAT REASON, I'LL BE VOTING NO. THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08783-B, RULES
REPORT NO. 50, VANEL, KIM, LENTOL, WOERNER, SIMON, LUPARDO, TITONE,
RAIA, MONTESANO, RA, AUBRY, GALEF, WRIGHT, MOSLEY, BARRON, SKOUFIS,
PICHARDO, BLAKE, RIVERA, NIOU, WEPRIN, OTIS. AN ACT TO ESTABLISH THE
DIGITAL CURRENCY 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.
50
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. CASTORINA TO EXPLAIN HIS VOTE.
(PAUSE)
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 GIVE SEVERAL MORE BILLS IN THIS ORDER OFF THE DEBATE LIST: I WOULD
LIKE TO BEGIN THE NEXT GROUPING WITH RULES REPORT NO. 70, 7-0, BY MR.
CYMBROWITZ ON PAGE 6. I WOULD LIKE TO FOLLOW THAT WITH RULES REPORT
NO. 93 ON PAGE 8 BY MR. ABBATE. ONCE WE'RE CONCLUDED WITH THAT, I
WOULD LIKE TO GO TO RULES REPORT NO. 122 BY MS. (SIC) CAHILL, WHICH IS
ON PAGE 9. THEN RULES REPORT NO. 127 BY MRS. PEOPLES-STOKES ON
PAGE 9, RULES REPORT NO. 128 BY MS. LUPARDO ON PAGE 9, AND THEN
CONCLUDE THIS GROUP WITH CALENDAR -- RULES REPORT NO. 131 BY MRS.
BARRETT, WHICH IS ON PAGE 10 OF THE MAIN CALENDAR.
(PAUSE)
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10828, RULES REPORT
NO. 70, CYMBROWITZ. AN ACT TO AMEND THE PRIVATE HOUSING FINANCE
LAW, IN RELATION TO INCREASING THE BONDING AUTHORITY OF THE NEW YORK
CITY HOUSING DEVELOPMENT CORPORATION.
51
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER AUBRY: MR. OAKS.
MR. OAKS: THANK YOU, MR. SPEAKER. JUST AS WE
CONSIDER THIS BILL, THIS IS A AUTHOR -- GIVING AUTHORITY TO THE NEW YORK
CITY HOUSING DEVELOPMENT CORP TO EXPAND ITS DEBT; THE CURRENT DEBT
LOAD BEING AT $11.3 BILLION AUTHORIZATION. AND WITHIN THAT, THERE IS A
PLAN. IT OFFERS AN OPPORTUNITY TO ALLOW THE CITY TO COMPLETE WHAT THE
PLAN IS OF SPENDING THIS YEAR. CURRENTLY IT'S AT $1.4- THAT THEY HAVE THE
AUTHORIZATION, BUT THE PLAN WOULD GO TO $1.7-. THIS AUTHORIZATION
WOULD INCREASE OVERALL BONDING AUTHORITY FROM $11.3- TO $12.3 BILLION.
JUST IN CONSIDERATION AS WE'RE LOOKING, OBVIOUSLY, HOUSING EFFORT'S
IMPORTANT FOR THIS STATE, BUT THIS IS CONTINUED BONDING, EXPANDING OUR
DEBT IN THE STATE. SOMETHING THAT AS WE GO FORWARD IS SOMETHING THAT
WE SHOULD ALWAYS BE MINDFUL OF, THAT WE ARE ADDING TO THE OVERALL DEBT
OF THIS STATE AND ON THE BACKS OF OUR FUTURE TAXPAYERS.
THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10486-B, RULES
REPORT NO. 122, CAHILL, LUPARDO, LIFTON. AN ACT TO AMEND THE
52
NYS ASSEMBLY JUNE 18, 2018
INSURANCE LAW, IN RELATION TO AUTHORIZING CONTINUING CARE RETIREMENT
COMMUNITIES TO ADOPT A WRITTEN CYBERSECURITY POLICY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. CAHILL TO EXPLAIN HIS VOTE.
MR. CAHILL: THANK YOU, MR. SPEAKER. THE
PURPOSE OF THIS LEGISLATION IS TO RECOGNIZE THAT THE VERY LIMITED NUMBER
OF PEOPLE THAT LIVE IN CONTINUING CARE RETIREMENT COMMUNITIES WOULD
NOT NECESSARILY BE ABLE TO SUSTAIN THE HIGH COST OF COMPLIANCE WITH
CYBERSECURITY REGS, SHOULD CCRCS, AS THEY'RE CALLED, BE REQUIRED TO
COMPLY WITH THE SAME PROTOCOLS THAT OUR LARGER INSURANCE COMPANIES
WOULD BE -- ARE -- ARE BEING REQUIRED TO MEET. HOWEVER, WHAT THIS
LEGISLATION DOES, UNIQUELY, HOW IT IS WORDED, IT ASSURES THAT -- THAT THE
DATA IS PROTECTED OF THE PEOPLE THAT ARE LIVING IN THAT COMMUNITY WHO
HAVE COMPONENTS OF THEIR PRIVATE INFORMATION THAT SHOULD BE PROTECTED
UNDER CYBERSECURITY REGS, BUT DOES SO IN A WAY THAT IS UNIQUELY
APPLICABLE TO THESE SMALLER ORGANIZATIONS.
I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. CAHILL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
53
NYS ASSEMBLY JUNE 18, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10744-A, RULES
REPORT NO. 127, PEOPLES-STOKES. AN ACT TO AMEND THE EXECUTIVE LAW,
IN RELATION TO CERTIFICATION CLASSIFICATIONS FOR BUSINESSES OWNED BY
MINORITY GROUP MEMBERS OR WOMEN.
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. A10774-A, 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.
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.
54
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: ASSEMBLY NO. A10836-B, RULES
REPORT NO. 131, BARRETT, PALMESANO. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO PROJECT COSTS FOR BUILDINGS OF PUBLIC LIBRARIES
LOCATED IN ECONOMICALLY-DISTRESSED COMMUNITIES; 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; AND PROVIDING FOR THE REPEAL OF CERTAIN
PROVISIONS UPON EXPIRATION 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. I WOULD
LIKE TO ASK MEMBERS OF THE COMMITTEE ON GOVERNMENTAL OPERATIONS TO
JOIN MRS. PEOPLES-STOKES IN THE SPEAKER'S CONFERENCE ROOM.
GOVERNMENTAL OPERATIONS IN THE CONFERENCE ROOM.
ACTING SPEAKER AUBRY: GOVERNMENTAL
OPERATIONS, SPEAKER'S CONFERENCE ROOM.
MR. MORELLE.
MR. MORELLE: YES. AND IF I CAN, SIR, I WOULD LIKE
55
NYS ASSEMBLY JUNE 18, 2018
TO DESCRIBE THE NEXT FOUR BILLS I'D LIKE TO TAKE UP OFF THE DEBATE LIST.
ACTING SPEAKER AUBRY: ONE MINUTE, MR.
MORELLE.
WE WILL NOT BE ABLE TO UNDERSTAND WHAT OUR AGENDAS
ARE IF WE ARE NOT A LITTLE QUIET. SHH.
PROCEED, SIR.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO TAKE UP NEXT, RULES REPORT NO. 147 BY MRS. GALEF, WHICH IS ON
PAGE 11 ON THE MAIN CALENDAR. FOLLOWING THAT, RULES REPORT NO. 163
BY MS. ROSENTHAL ON PAGE 12 OF THE MAIN CALENDAR. THEN I'D LIKE TO
SKIP TO CALENDAR NO. 223 BY MR. THIELE, WHICH IS ON PAGE 44. AND
FOLLOWING THAT, CALENDAR NO. 225 BY MRS. BARRETT, ALSO ON PAGE 44.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02874-A, RULES
REPORT NO. 147, GALEF, STEC, MCDONALD, ABINANTI, MAGNARELLI,
SEAWRIGHT, RIVERA, HYNDMAN, WILLIAMS, D'URSO, HOOPER, COOK,
STIRPE, ERRIGO, BLAKE. AN ACT TO AMEND THE REAL PROPERTY TAX LAW
AND THE REAL PROPERTY LAW, IN RELATION TO THE TAXATION OF PROPERTY
OWNED BY A COOPERATIVE CORPORATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU VERY MUCH, SIR, TO
EXPLAIN MY VOTE. THIS BILL AUTHORIZES LOCAL MUNICIPALITIES, BY LOCAL
56
NYS ASSEMBLY JUNE 18, 2018
LAW, TO ADOPT AN ALTERNATIVE ASSESSMENT METHODOLOGY FOR CONDOS AND
CO-OPS SO THAT THEY CAN BASE THE NEW ASSESSMENT ON THE ACTUAL SALES
PRICE OF INDIVIDUAL UNITS RATHER THAN TAX THE ENTIRE COMPLEX AS ONE UNIT.
THOSE WHO SUPPORT THIS BILL POINT OUT THAT THE CURRENT PROCESS GIVES AN
INDIRECT TAX BREAK FOR CONDOS AND CO-OPS BECAUSE THE INDIVIDUAL UNITS
MIGHT ACTUALLY SELL FOR MORE THAN THE ENTIRE THING IS WORTH. AND THOSE
WHO ARE OPPOSED TO IT NOTE THAT THE CURRENT METHODOLOGY, WHICH CAN
RESULT IN LOWER TAX BILLS, CAN BE VERY HELPFUL FOR THOSE WHO ARE BUYING
CO-OPS AND CONDOS AS THEIR FIRST INVESTMENT. BECAUSE THIS IS A LOCAL
HOME RULE AUTHORIZATION, I WILL BE SUPPORTING IT, AND I TRUST IN THE
WISDOM OF THE LOCAL GOVERNMENTS TO MAKE THE RIGHT CHOICE.
THANK YOU SO MUCH, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
MRS. GALEF TO EXPLAIN HER VOTE.
MRS. GALEF: THANK YOU. JUST A LITTLE BIT OF A
CLARIFICATION HERE. THIS IS A BILL THAT IS NOT ABOUT NEW YORK CITY AND
NOT ABOUT NASSAU COUNTY, BECAUSE YOU HAVE SPECIAL ASSESSING DISTRICTS.
IT'S ABOUT THE REST OF THE STATE, AND IT ENABLES A COMMUNITY, THREE YEARS
FROM NOW, IF THEY, UNDER THEIR OWN LOCAL HOME RULE, WOULD HAVE A
PUBLIC HEARING AND DECIDE THAT THEY WOULD LIKE TO ASSESS THEIR CONDOS
AND CO-OPS AT A DIFFERENT RATE, THEY'RE ABLE TO DO THAT. AGAIN, THERE'S
NOTHING THAT'S BEEN BUILT. THERE'S NOTHING THAT HAS BEEN AUTHORIZED IN A
COMMUNITY. THIS IS -- WE'RE JUST THINKING FUTURISTIC, AND ENABLING A
LOCAL COMMUNITY TO MAKE A DECISION THEMSELVES. IT DOES NOT COVER
57
NYS ASSEMBLY JUNE 18, 2018
NASSAU OR NEW YORK CITY.
THANK YOU VERY MUCH. I HOPE YOU WILL SUPPORT IT.
ACTING SPEAKER AUBRY: MRS. GALEF IN THE
AFFIRMATIVE.
MR. SKOUFIS TO EXPLAIN HIS VOTE.
MR. SKOUFIS: THANK YOU, MR. SPEAKER. I DO HAVE
A NUMBER OF CONCERNS WITH THIS BILL, NOT THE LEAST OF WHICH ARE WE'RE
NOW DIVVYING UP THE STATE INTO DIFFERENT SECTORS AS IT PERTAINS TO HOW
WE'RE LOOKING AT THESE PROPERTY TAXES FOR CONDOS. NASSAU WILL BE
TREATED ONE WAY, NEW YORK CITY WILL BE TREATED ANOTHER WAY, SOME
MUNICIPALITIES WILL BE TREATED ONE WAY. THE MATTER OF FACT IS, IN MY
ASSEMBLY DISTRICT, SOME OF THE ONLY PLACES WHERE SENIOR CITIZENS CAN
CONTINUE TO AFFORD TO LIVE ARE IN THESE CONDOS AND CO-OP-TYPE SETTINGS.
I THINK THAT AFFORDING EVEN THE OPPORTUNITY FOR SOME MUNICIPALITIES TO
MOVE TOWARDS INCREASING THOSE TAXES WILL MAKE IT EVEN MORE DIFFICULT
FOR MANY SENIORS AND FIRST-TIME HOMEOWNERS TO BE ABLE TO REMAIN IN
NEW YORK STATE.
I REMAIN FIRMLY OPPOSED TO THIS BILL. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MR. SKOUFIS IN THE
NEGATIVE.
MR. ABINANTI TO EXPLAIN HIS VOTE.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I HAVE
BEEN CONTACTED BY SEVERAL OF MY MUNICIPALITIES SUPPORTING THIS
LEGISLATION. THIS IS AN EXTENSION OF WHAT WE PRESENTLY HAVE. SEVERAL
58
NYS ASSEMBLY JUNE 18, 2018
YEARS AGO THIS LEGISLATURE PASSED A LAW WHICH ALLOWED TOWNS TO -- TO
PREVENT A CHANGE OF ASSESSMENT, BECAUSE WHAT WE FOUND WAS SOME
FANCY COMPLEXES -- MAYBE MILLION-DOLLAR HOMES -- THAT WERE PLANNED
UNIT DEVELOPMENTS WERE CONVERTING TO THE CONDOMINIUM FORM OF
OWNERSHIP AND, THEREFORE, CUTTING THEIR TAXES BY HALF OR A THIRD. THIS IS
PURELY PROSPECTIVE. THIS WILL APPLY ONLY TO DEVELOPERS OFF IN THE
FUTURE WHO HAVE NOT YET GOTTEN THEIR APPROVALS. AND OUR
MUNICIPALITIES ARE VERY CONCERNED THAT THEY'RE SEEING DEVELOPERS
COMING IN NOW, TRYING TO USE CONDOMINIUM FORM OF OWNERSHIP IN
SITUATIONS WHERE WE NEVER WOULD HAVE SEEN THEM BEFORE. SO THIS IS NOT
GOING TO AFFECT PEOPLE WHO ARE LOOKING FOR AFFORDABLE HOUSING. THIS IS
GOING TO AFFECT THE EXISTING HOMEOWNERS, BECAUSE THEY'RE GOING TO FIND
THAT THEIR TAXES ARE GOING TO BE INCREASING BECAUSE NEW DEVELOPMENTS
COMING IN ARE GOING -- THEY'RE GOING TO FIND THAT THE UNDEVELOPED LAND
WILL NOT INCREASE IN VALUE UNDER THE NEW ASSESSMENTS.
SO, OUR MUNICIPALITIES WANT THIS, THEY WANT THE OPTION
TO DO THIS, AND I COMMEND THE SPONSOR. THIS IS A VERY IMPORTANT PIECE
OF LEGISLATION.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08393-B, RULES
REPORT NO. 163, L. ROSENTHAL. AN ACT TO AMEND THE ELECTION LAW, IN
59
NYS ASSEMBLY JUNE 18, 2018
RELATION TO VOTER NOTIFICATION OF SPECIAL ELECTIONS.
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. A02804-A, CALENDAR
NO. 223, THIELE. AN ACT TO AMEND THE NEW YORK STATE URBAN
DEVELOPMENT CORPORATION ACT AND THE ECONOMIC DEVELOPMENT LAW,
IN RELATION TO THE CREATION OF MICRO-BUSINESS WORKER COOPERATIVES UPON
TRANSFER OF OWNERSHIP.
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. A02809-B, CALENDAR
NO. 225, BARRETT, ABINANTI, OTIS, DIPIETRO, FAHY, BUCHWALD. AN ACT TO
60
NYS ASSEMBLY JUNE 18, 2018
REQUIRE THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO PREPARE
RECOMMENDATIONS FOR BEST PRACTICES IN TREATING RESIDENTIAL PROPERTIES
FOR TICK PREVENTION AND MANAGEMENT.
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.
MR. MORELLE: THANK YOU, MADAM SPEAKER.
BEFORE I CALL UP THE NEXT THREE BILLS, I'D LIKE TO ASK MEMBERS OF THE
HEALTH COMMITTEE TO JOIN MR. GOTTFRIED IN THE SPEAKER'S CONFERENCE
ROOM. HEALTH IN THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER ESPINAL: HEALTH IN THE
SPEAKER'S CONFERENCE ROOM.
MR. MORELLE.
MR. MORELLE: THANK YOU, MADAM SPEAKER. IF I
CAN LAY OUT THE NEXT THREE BILLS THAT I'D LIKE TO TAKE UP IN THIS ORDER: I
WOULD LIKE TO BEGIN WITH CALENDAR NO. 669 BY MRS. GUNTHER ON PAGE
79 OF THE MAIN CALENDAR, FOLLOWED BY CALENDAR NO. 671 BY MR.
ENGLEBRIGHT, ALSO ON PAGE 79. AND THEN I WOULD LIKE TO SKIP TO PAGE
61
NYS ASSEMBLY JUNE 18, 2018
90 AND TAKE UP CALENDAR NO. 849 BY MS. PELLEGRINO.
ACTING SPEAKER ESPINAL: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO -- ASSEMBLY NO.
A09563-A, CALENDAR NO. 669, GUNTHER, COLTON. AN ACT TO AMEND THE
MENTAL HYGIENE LAW, IN RELATION TO NOTICE TO LOCAL GOVERNMENTS OF THE
POTENTIAL FOR SIGNIFICANT SERVICE REDUCTIONS AT CERTAIN STATE-OPERATED
HOSPITALS.
ACTING SPEAKER ESPINAL: ON A MOTION BY
MRS. GUNTHER, 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.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01492-A, CALENDAR
NO. 671, ENGLEBRIGHT, D'URSO, OTIS. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO INCREASING CERTAIN
PENALTIES RELATING TO ENDANGERED AND SPECIAL SPECIES, SPECIES OF SPECIAL
CONCERN AND ILLEGAL IVORY ARTICLES AND RHINOCEROS HORNS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
62
NYS ASSEMBLY JUNE 18, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10157-A, CALENDAR
NO. 849, PELLEGRINO, WEPRIN, SEAWRIGHT. AN ACT TO DIRECT THE
DEPARTMENT OF FINANCIAL SERVICES TO STUDY CONSUMER PROTECTION ISSUES
REGARDING ATMS THAT ACCEPT EVM-ENABLED CHIP CARDS.
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.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO ASK MEMBERS OF THE GOVERNMENTAL EMPLOYEES COMMITTEE TO
JOIN MR. ABBATE IN THE SPEAKER'S CONFERENCE ROOM. GOVERNMENTAL
EMPLOYEES, SPEAKER'S CONFERENCE ROOM.
63
NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER AUBRY: GOVERNMENT (SIC)
EMPLOYEES, SPEAKER'S CONFERENCE ROOM.
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, SIR. I WOULD LIKE TO
GIVE YOU THE NEXT SEVERAL BILLS I WOULD LIKE TO TAKE UP IN THIS ORDER:
BEGINNING WITH CALENDAR NO. 586 BY MR. MORELLE ON PAGE 76 -- BE
CAREFUL --
(LAUGHTER)
THEN I'D LIKE TO GO TO RULES REPORT NO. 56, WHICH IS
ON PAGE 5 BY MS. PAULIN. FOLLOW THAT WITH CALENDAR NO -- RULES
REPORT -- I APOLOGIZE, RULES REPORT NO. 77 BY MR. CAHILL ON PAGE 7.
THEN I'D LIKE TO FOLLOW THAT UP WITH RULES REPORT NO. 93 BY MR.
ABBATE ON PAGE 8. AND THIS GROUP I WOULD LIKE TO CONCLUDE WITH RULES
REPORT NO. 126, ALSO BY MR. ABBATE. THAT'S ON PAGE 9 OF THE MAIN
CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08155-B, CALENDAR
NO. 586, MORELLE, WEINSTEIN, DENDEKKER, VANEL. AN ACT TO AMEND THE
CIVIL RIGHTS LAW, IN RELATION TO THE RIGHT OF PRIVACY AND THE RIGHT OF
PUBLICITY; AND TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION
TO THE TIMELINESS OF COMMENCEMENT OF AN ACTION FOR VIOLATION OF THE
RIGHT OF PUBLICITY.
ACTING SPEAKER AUBRY: MR. MORELLE, AN
EXPLANATION IS REQUESTED, SIR.
MR. MORELLE: THANK YOU, MR. SPEAKER. THIS BILL
64
NYS ASSEMBLY JUNE 18, 2018
ESSENTIALLY TAKES SOMETHING TO NEW YORK, WHICH IS THE RIGHT OF PRIVACY
FOR PEOPLE, AND IT -- IT ENHANCES IT TO TAKE ADVANTAGE OF -- OR TO ADDRESS
21ST CENTURY TECHNOLOGY, AND IT ALSO CREATES A NEW RIGHT OF PUBLICITY
WHICH CONFERS ON PEOPLE WHO HAVE A RIGHT OF PRIVACY. IT CONFERS ON
THEM A POST-MORTEM RIGHT, AND THAT'S NOW CALLED THE RIGHT OF PUBLICITY.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
MORELLE?
MR. MORELLE: YES, SIR.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: SO, BECAUSE I KNOW THE BILL WAS RECENTLY
AMENDED, I JUST WANT TO, YOU KNOW, CLARIFY A FEW THINGS RIGHT OFF THE
BAT. SO, THIS VERSION OF THE BILL RETAINS THAT RIGHT OF PRIVACY THAT NEW
YORK STATE HAS HAD OVER -- FOR OVER 100 YEARS?
MR. MORELLE: THAT'S -- THAT'S CORRECT. AND I -- IF I
CAN, MR. RA --
MR. RA: SURE.
MR. MORELLE: JUST TO GIVE A LITTLE FURTHER
EXPLANATION FOR THIS. PARTICULARLY IN THE AREAS WELL-KNOWN RIGHT OF
PRIVACY IN NEW YORK IS ESSENTIALLY THE RIGHT THAT PERFORMERS AND OTHERS
HAVE, SUBJECTS OF PHOTOGRAPHS, IT ALLOWS AN INDIVIDUAL -- FOR INSTANCE,
SOMEONE WHO IS AN ACTOR IN A MOVIE -- HAS THE RIGHT OF PRIVACY,
MEANING THAT THEY HAVE CERTAIN RIGHTS ABOUT THE USE OF THEIR IMAGE,
65
NYS ASSEMBLY JUNE 18, 2018
THEIR PERSONA, THEIR LIKENESS, ET CETERA. WITH -- WITH NEW TECHNOLOGY,
AS MANY PEOPLE KNOW, AND THE USE OF SUPER COMPUTERS AND NEW
SOFTWARE, YOU CAN ACTUALLY TAKE THE IMAGES OR THE PERSONA OF SOMEONE
WHO HAS PASSED AND PUT THEM IN A FIRST-RUN MOVIE. SO WE WILL SEE THE
DAY IN THE NOT-TOO-DISTANT FUTURE WHERE CAREY GRANT WILL APPEAR IN NEW
FRONT-RUN MOVIES, FIRST-RUN MOVIES. AND IT'S BEING USED IN A WAY THAT,
IN MY VIEW, WOULD TAKE AWAY THE ABILITY FOR SOMEONE'S ESTATE TO ASSERT
A RIGHT, A PROPERTY RIGHT, FOR THAT INDIVIDUAL BECAUSE IN NEW YORK THERE
IS NO POST-MORTEM RIGHT OF PRIVACY. SO IT DOES -- THE AMENDMENTS DO
UPDATE -- UPDATE THE RIGHT OF PRIVACY TO CONFORM TO A RECENT COURT OF
APPEALS DECISION. ALSO, TO ADD THE WORD "SIGNATURE," WHICH WOULD
NOW BE PROTECTED. BUT THEN ALSO ADDS THIS RIGHT OF PUBLICITY, WHICH IS
ESSENTIALLY A POST-MORTEM RIGHT SIMILAR TO THE CURRENT RIGHT OF PRIVACY.
MR. RA: OKAY. AND THE POST-MORTEM RIGHT WOULD
BE FOR 40 YEARS AFTER DEATH?
MR. MORELLE: THAT'S CORRECT.
MR. RA: SO, I -- I KNOW YOU'RE AWARE THERE ARE, YOU
KNOW, A NUMBER OF ORGANIZATIONS THAT HAVE PUT OUT OPPOSITION WITH
REGARD TO THIS. OBVIOUSLY, ONE OF THE OFTEN COMPARISONS WE SEE IS THE
STATE OF CALIFORNIA WHICH, LIKE NEW YORK, OBVIOUSLY, HAS A VERY RICH
MEDIA INDUSTRY AND -- AND PERHAPS IS PART OF WHY THERE'S SUCH INTEREST.
BUT -- BUT ONE OF THE THINGS THAT SEEMS TO BE RAISED HERE IS WHETHER OR
NOT MANY OF THOSE EXEMPTIONS -- YOU KNOW, WE HAVE A RICH HISTORY OF
CASE LAW WITH REGARD TO THAT RIGHT OF PRIVACY THAT IT'S DEVELOPED OVER --
OVER THAT LONG PERIOD OF TIME THAT WE'VE HAD THAT RIGHT IN NEW YORK
66
NYS ASSEMBLY JUNE 18, 2018
STATE, WHICH I THINK WAS ACTUALLY CREATED IN RESPONSE TO -- TO A
SITUATION THAT CAME UP, AND WHETHER THOSE EXEMPTIONS TO PROTECT KIND
OF NOT JUST FREE SPEECH, BUT REALLY, YOU KNOW, NEWSWORTHY WORKS AND --
AND THINGS OF THAT NATURE WILL APPLY TO THIS RIGHT OF PRIVACY. SO CAN YOU
JUST EXPLAIN WHAT THE EXEMPTIONS THAT ARE PROVIDED FOR FROM THIS RIGHT
OF PUBLICITY THAT'S CREATED?
MR. MORELLE: YES. WHAT WE TRIED TO DO IS TO
ESSENTIALLY GRAFT ON TO THE RIGHT OF PUBLICITY, POST-MORTEM, ALL OF THE
SAME PROTECTIONS THAT WOULD APPLY TO BROADCASTERS, NEWS MEDIA,
PEOPLE WHO ARE INVOLVED IN CREATIVE EXPRESSION. THOSE WOULD
CONTINUE. AND IF YOU SORT OF THINK ABOUT IT THIS WAY, THAT ESSENTIALLY
WHATEVER RIGHTS YOU HAVE CURRENTLY IN THE RIGHT OF PRIVACY AS AN
INDIVIDUAL WOULD EXTEND NOW POST-MORTEM. BUT THOSE SAME
PROTECTIONS FOR BROADCASTERS AND OTHERS -- DOCUMENTARIES, FILMMAKERS
-- THEY WOULD EXIST EVEN WITH THE RIGHT OF PUBLICITY.
MR. RA: OKAY. AND MY UNDERSTANDING IS THAT THE
CALIFORNIA RIGHT OF PUBLICITY APPLIES TO PEOPLE WHO WERE -- DIED
DOMICILED IN CALIFORNIA. IS THAT THE CASE HERE, OR IS THIS -- WOULD THIS
APPLY TO ANY CELEBRITY -- WELL, I GUESS ANY INDIVIDUAL. IT'S NOT JUST
LIMITED TO CELEBRITIES, CORRECT?
MR. MORELLE: YOU WOULD ASSERT YOUR -- ASSUMING
YOUR ESTATE REGISTERS, AS THE BILL OUTLINES IN THE RIGHT OF PUBLICITY, THIS
WOULD APPLY TO -- TO ANYONE WHO SEEKS DAMAGES IN NEW YORK IN THE
SAME WAY THAT WE DO FOR RIGHT OF PRIVACY.
MR. RA: OKAY. SO THERE WOULD BE A REGISTRY, THEN,
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AND PERHAPS THE -- THE HEIRS OF AN INDIVIDUAL OR MAYBE SOME OTHER RIGHT
HOLDER THAT THEY HAVE TRANSFERRED THIS RIGHT TO WOULD -- WOULD REGISTER
THEIR INTEREST, CORRECT?
MR. MORELLE: CORRECT. YOU WOULD -- IF YOU WERE
A -- IF YOU HAD AN -- AN ESTATE -- LET'S JUST SAY, FOR INSTANCE -- I APOLOGIZE
FOR USING HIS NAME, WHEREVER HE IS -- BUT ROBERT DE NIRO OR SOMEONE
ELSE DECIDES THAT THEIR -- HIS ESTATE, IN THIS CASE -- LET'S SAY HE PASSES.
HIS ESTATE WOULD REGISTER WITH AN ONLINE WEBSITE THAT THE SECRETARY OF
STATE'S OFFICE WOULD MAINTAIN, AND ONCE YOU'RE LISTED IN THE REGISTRY,
THEN A FILMMAKER OR SOMEONE ELSE WOULD HAVE TO SEEK THE PERMISSION
OF THE ESTATE IN ORDER TO UTILIZE HIS IMAGE GOING FURTHER. YOU DO HAVE A
-- THERE'S A SIX-MONTH PERIOD THAT'S A SAFE HARBOR THAT WOULD ALLOW AN
ESTATE TO REGISTER. SO, FOR THOSE FIRST SIX MONTHS. BUT AFTER THAT, IF
THERE'S NO REGISTERING BY THE ESTATE AND NO INDICATION THAT -- THAT YOU'VE
LISTED OR REGISTERED, THEN YOU WOULDN'T HAVE THAT RIGHT OF PUBLICITY. IF
YOU DID IT AT SOME SUBSEQUENT POINT, THOUGH, FROM THAT POINT ON, THAT
RIGHT WOULD BE ASSERTED.
MR. RA: OKAY. AND THAT REGISTRY, THEN, WOULD, I
GUESS, CONSTITUTE, YOU KNOW, SOME NOTICE TO ANYBODY WHO WAS LOOKING
TO UTILIZE SOMEBODY'S LIKENESS THAT THERE IS SOME -- THERE IS SOME HEIR
OR RIGHTS HOLDER THAT IS ASSERTING -- ASSERTING THEIR OWNERSHIP OF THAT
PARTICULAR RIGHT.
MR. MORELLE: THAT'S CORRECT.
MR. RA: OKAY. NOW JUST IN TERMS OF THE
TRANSFERABILITY. THIS DOESN'T JUST -- WOULD THE RIGHTS AUTOMATICALLY GO
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TO A PERSON'S HEIR, ASSUMING THEY HAVEN'T BEEN TRANSFERRED OTHERWISE?
MR. MORELLE: WELL, AGAIN, THE HEIR OF THE ESTATE
WOULD HAVE TO REGISTER THAT, AND IT'S ACCEPTED, ABSENT SOME -- SOME
ACTION THAT THAT'S THE RIGHTFUL HEIR. AND, YOU'D HAVE TO HAVE 51 PERCENT
OF THE INTEREST OF THAT ESTATE WOULD HAVE TO AGREE TO USE, LET'S SAY, YOUR
IMAGE. YOUR ESTATE -- IF THERE'S MULTIPLE HEIRS IN THE ESTATE, 51 PERCENT
OR MORE WOULD HAVE TO AGREE TO USE YOUR IMAGE.
MR. RA: AND COULD YOU, YOU KNOW, IN YOUR WILL OR
SOME OTHER INSTRUMENT CONVEY THAT TO A PARTICULAR HEIR OR A PARTICULAR
PERSON?
MR. MORELLE: YOU CAN.
MR. RA: OKAY. AND JUST IN TERMS OF THE TRANSFER OF
THIS RIGHT DURING THE LIFE OF THE INDIVIDUAL. SO I -- I BELIEVE THERE ARE
SOME LIMITS ON THIS FOR CHILDREN IN TERMS OF TRANSFERABILITY.
MR. MORELLE: THAT'S CORRECT. SO, TRANSFER -- SO
YOU CAN -- IF YOU'RE A PARENT OR GUARDIAN, YOU COULD ESTABLISH -- UP
UNTIL THE TIME OF DEATH, YOU COULD ESTABLISH CERTAIN RULES, BUT -- BUT
AFTER THAT IS DONE, AFTER THAT PERIOD POST-MORTEM, IT WOULD BE LEFT UP TO
THE ESTATE. SO YOU CANNOT HAVE AN AGREEMENT THAT GOES BEYOND THE
DEATH OF A CHILD UNDER THE AGE OF 18.
(PAUSE)
I'M SORRY. I APOLOGIZE, MR. RA. SO, A PARENT OR
GUARDIAN CAN MAKE DECISIONS FOR THE CHILD, BUT YOU CANNOT TRANSFER THE
RIGHTS, AND THAT'S EXISTING LAW.
MR. RA: OKAY. BUT, YOU KNOW, AN ADULT OVER --
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OVER 18, THEY WOULD BE FREE TO TRANSFER IT. I MEAN, THEY COULD, I GUESS,
SIGN IT OVER TO A PARTICULAR, YOU KNOW, PRODUCTION COMPANY, AN AGENT,
SOMETHING OF THAT NATURE.
MR. MORELLE: THAT'S CORRECT. THAT'S WHY THE
RIGHT OF PUBLICITY IS DURING YOUR LIFETIME AS WELL AS A POST-MORTEM,
BECAUSE YOU MAY CHOOSE TO MAKE DECISIONS ON HOW YOUR IMAGE,
LIKENESS, ET CETERA, WILL BE TREATED POST-MORTEM.
MR. RA: OKAY. ALL RIGHT. SO, YOU -- YOU DID SPEAK
EARLIER ABOUT THE KIND OF CUTTING-EDGE END OF THIS, THAT -- THAT MAYBE
WE'LL END UP BEING AHEAD OF THE CURVE ON THAT'S THIS, YOU KNOW,
INCREASING ABILITY TO BASICALLY DIGITIZE PEOPLE. WE'VE SEEN SOME USE OF
THIS WITH, YOU KNOW, MUSICIANS AND EVEN, I GUESS, MAYBE EVEN MORE
RECENT STAR WARS MOVIES. THEY'RE TRYING TO, YOU KNOW, UTILIZE ACTORS
WHO ARE NO LONGER WITH US. SO THAT IS DEFINED WITH REGARD TO THE
DEFINITION OF DIGITAL REPLICA IN THIS -- IN THIS BILL. NOW, WOULD THAT JUST
BE -- YOU KNOW, WE'RE TAKING AND BASICALLY REPRODUCING THE PERSON, OR
COULD THAT BE, YOU KNOW, A LOOK-ALIKE AND WE'RE DOING SOME TYPE OF
MOVIE MEANT TO EVOKE THAT CHARACTER, OR WOULD IT JUST BE, YOU KNOW,
WE'RE REPRODUCING THAT PERSON'S ACTUAL IMAGE?
MR. MORELLE: IT -- THE DIGITAL REPLICA IS THE
REPRODUCTION OF THE PERSON. IF SOMEONE LOOKS LIKE ANOTHER PERSON,
THAT'S NOT COVERED UNDER THIS. YOU COULD GO FIND SOMEONE WHO LOOKS
LIKE ROBERT DE NIRO, OR YOU COULD FIND SOMEONE THAT LOOKS LIKE
ANOTHER ACTOR. THERE'S NO PROHIBITION ON THAT. IT'S -- IT'S THE DIGITAL
REPLICA, AND IT WAS SUBJECT TO A RECENT COURT OF APPEALS DECISION.
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WE'VE ESSENTIALLY CODIFIED THAT DECISION.
MR. RA: SO -- SO IF SOMEBODY, SAY, WERE TO GET, YOU
KNOW, AN ACTOR THAT LOOKS LIKE SOMEBODY -- AND -- AND DO -- DO A, YOU
KNOW, A MOVIE BASED ON THEIR LIFE, WOULD -- WOULD THIS BE, YOU KNOW,
VIOLATED, OR...
MR. MORELLE: NO. THAT WOULD BE -- THAT WOULD
BE AN ALLOWABLE ACTIVITY.
MR. RA: OKAY. ALL RIGHT. THANK YOU.
MR. (SIC) SPEAKER, ON THE BILL.
ACTING SPEAKER WOERNER: ON THE BILL.
MR. RA: THANK YOU, MR. (SIC) SPEAKER. SO, YOU
KNOW, THIS IS CERTAINLY AN INTERESTING TOPIC, AND I -- AND I THANK MR.
MORELLE FOR -- FOR ANSWERING THE QUESTIONS. AND, YOU KNOW, THE
AMENDMENT RECENTLY MADE TO THIS BILL NOW HAS RATHER THAN US KIND OF
REPLACING THAT RIGHT OF PRIVACY, ADDING TO IT WITH THIS RIGHT OF PUBLICITY.
NOW THERE ARE, AS I MENTIONED, YOU KNOW, OTHER STATES THAT HAVE DONE
THIS. CALIFORNIA DOES HAVE -- HAVE A RIGHT THAT IS A LITTLE MORE LIMITED,
IN THAT IT APPLIES IF YOU WERE DOMICILED IN CALIFORNIA. BUT, YOU KNOW,
WE'RE OBVIOUSLY IN A UNIQUE MEDIA MARKET. ANY OF US THAT HAVE LOOKED
THROUGH SOME OF THE COMMUNICATIONS WE'VE GOTTEN FROM EVERYTHING
FROM INTERNET MEDIA TO TELEVISION STATIONS TO MOVIE STUDIOS STATING THEIR
CONCERNS WITH THIS BILL, YOU KNOW, WOULD DO WELL TO CERTAINLY LOOK AT
THEM. BUT, YOU KNOW, THIS IS AN AREA PARTICULARLY WITH REGARD TO, YOU
KNOW, THE DIGITAL REPLICA THAT -- THAT I'M SURE WE'RE GOING TO HEAR LOTS OF
IN THE COMING YEARS BECAUSE TECHNOLOGY IS JUST CHANGING RAPIDLY.
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WE'RE SEEING MUSICAL PERFORMANCES OF DECEASED INDIVIDUALS. BUT I JUST
WANT TO, YOU KNOW, MENTION THAT THE CONCERN THAT HAS BEEN RAISED, AND
I SEE IT OVER AND OVER AGAIN IN A LOT OF THESE MEMOS, IS -- IS THAT IDEA
THAT WE HAVE 100 YEARS OF CASE LAW WITH THIS RIGHT OF PRIVACY. AND IT
HAS SERVED TO PROTECT THAT RIGHT OF PRIVACY OF INDIVIDUALS, BUT IT HAS ALSO
SERVED TO KIND OF CARVE OUT REALLY WHAT IS ACCEPTABLE USES, AND HAS PUT
US IN A PLACE WHERE, YOU KNOW, NEWS MEDIA AND -- AND OTHER ENTITIES
FEEL ON SOLID GROUND WHEN -- WHEN THEY'RE UTILIZING SOMEBODY'S
LIKENESS IN -- IN SOME WAY IN SOME NEWSWORTHY REPORTING. ONE OF THE,
YOU KNOW, FOUNDATIONAL ASPECTS WITH REGARD TO COPYRIGHT LAW AND
INTELLECTUAL PROPERTY LAW IS -- IS ENSURING THAT CERTAIN TYPES OF WORKS
ARE PROTECTED, YOU KNOW, SO THAT, YOU KNOW, OUR FIRST AMENDMENT IS
NEVER INFRINGED BY -- BY ANY TYPE OF INTELLECTUAL PROPERTY RIGHT. AND
THEN ONE OF THE OTHER CONCERNS REALLY IS WITH REGARD TO THE
TRANSFERABILITY OF THIS POST-MORTEM RIGHT. THERE'S A COUPLE OF THINGS
THAT HAVE BEEN RAISED. ONE IS, YOU KNOW, THE HEIRS' RIGHT TO, YOU KNOW,
PROTECT THE USE OF -- OF AN INDIVIDUAL, THEIR LOVED ONE'S LIKENESS, WHICH
I THINK CERTAINLY THERE NEEDS TO BE SOME PROTECTIONS. YOU DON'T WANT,
YOU KNOW, RIGHT AFTER SOME FAMOUS PERSON PASSES AWAY, SOMEBODY IS
NOW PROFITING GREATLY OFF OF THEIR LIKENESS, OR IN PARTICULAR, MAYBE IN
SOME WAY THAT IS GOING TO CAST THAT INDIVIDUAL IN A BAD LIGHT. BUT AT THE
SAME TIME, THERE ARE SOME THAT HAVE SUGGESTED THAT THIS MIGHT BE
SOMEWHAT OF A WINDFALL FOR THOSE -- FOR THOSE HEIRS, FOR THAT -- FOR THAT
POST-MORTEM RIGHT.
THE OTHER PART OF IT IS THE CONCERN OF THE FREE
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TRANSFERABILITY OF THIS, BECAUSE NOW WE'RE CONSIDERING THIS TO BE A
PROPERTY RIGHT AS OPPOSED TO THAT RIGHT OF PRIVACY, WHICH IS -- WHICH
WAS, YOU KNOW, A -- A RIGHT THAT EXISTED DURING THE -- DURING THE LIFE OF
THE INDIVIDUAL. IT -- IT'S NOT DIFFICULT TO IMAGINE, YOU KNOW, THE IDEA OF
SOME -- SOMETHING BEING TRANSFERRED; MAYBE IT'S FOR FINANCIAL REASONS
THAT SOMEBODY GETS TO -- WHO HAD SOME SUCCESS EARLIER IN LIFE COMES
INTO A HARD WAY AND THEY SELL OFF THEIR -- THEIR LIKENESS TO SOMEBODY
AND THEN DOWN THE ROAD THEY CAN'T GET BACK. SOMEBODY ELSE IS NOW IN
COMPLETE CONTROL OF IT.
SO THERE WAS AN INTERESTING BLOG POST THAT WAS -- THAT I
READ ABOUT, YOU KNOW, HOW AN INDIVIDUAL ACTOR SHOULD BE ONLY THE
PERSON WHO COULD OWN BASICALLY WHO THEY ARE. AND THAT WAS AN
INTERESTING POINT TO BE BROUGHT UP. SO I -- I THANK THE SPONSOR FOR --
FOR ANSWERING SOME OF THE QUESTIONS. IT IS CERTAINLY A -- A TOPIC THAT IS
OF INTEREST TO MYSELF. IT MIGHT NOT BE TO MANY OTHERS, BUT I THINK IT'S
SOMETHING THAT WE'RE PROBABLY GOING TO CONTINUE TO TALK ABOUT, AS WE
TALK ABOUT HOLOGRAMS AND ALL TYPES OF THINGS THAT PEOPLE CAN NOW DO TO
UTILIZE -- TO UTILIZE THE LIKENESS OF CELEBRITIES AND OTHERS WHO HAVE
SINCE PASSED ON.
I'M GOING TO -- I'M NOT QUITE COMFORTABLE WITH THE FULL
PACKAGE OF THIS BILL. I -- I DO THINK SOME OF THE EXEMPTIONS COULD BE A
LITTLE BETTER CARVED OUT TO PROTECT WORKS THAT ARE -- THAT ARE DONE FOR
NEWSWORTHINESS AND -- AND TO PROTECT THE FIRST AMENDMENT, SO I'M NOT
GOING TO BE SUPPORTING IT. AND I JUST URGE EVERYBODY TO THINK CAREFULLY
ABOUT THOSE ISSUES THAT ARE RAISED.
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NYS ASSEMBLY JUNE 18, 2018
THANK YOU.
ACTING SPEAKER WOERNER: MR. DENDEKKER.
MR. DENDEKKER: ON THE BILL.
ACTING SPEAKER WOERNER: ON THE BILL, MR.
DENDEKKER.
MR. DENDEKKER: I WANT TO, FIRST OF ALL, THANK THE
SPONSOR OF THE BILL. IT'S A VERY GOOD BILL. YOU KNOW, PEOPLE THAT ARE IN
MOVIES AND THEATER AND MUSIC DEVOTE THEIR LIVES TO A CRAFT, AND USUALLY
THEY WANT TO MAKE SURE THAT THEY LEAVE THAT TO THEIR FAMILY, WHATEVER
THAT WORTH MIGHT BE. AND FOR THEM TO NOT THEN HAVE CONTROL OVER WHAT
HAPPENS TO ALL THAT YEARS OF DEDICATED WORK THAT SOMEBODY HAS PUT INTO
THEIR CRAFT AND JUST BE ABLE TO LET SOMEBODY ELSE ELECTRONICALLY MODIFY
IT AND THEN USE IT FOR PROFIT. YOU'VE HEARD A LOT OF THE INTERNET
COMPANIES AND A LOT OF THE STUDIOS ARE -- ARE AGAINST THIS, AND THAT'S
BECAUSE THEY DON'T WANT TO PAY FOR THE RIGHT -- OR FOR THE USAGE OF -- OF
THAT. THEY WANT TO BE ABLE TO HAVE IT FOR FREE. THEY WANT TO BE ABLE TO
STEAL THE CRAFT AND THE CHARACTER AND THE LIKENESS THAT SOMEBODY HAS
DEVOTED THEIR LIFE TO.
THIS IS A VERY IMPORTANT BILL, I -- I THINK ESPECIALLY
WITH NEW MEDIA. WHEN WE LOOK AT THE NEWS ASPECT OF IT, OF DOING A
PROFILE ON SOMEBODY'S LIFE, USUALLY THAT PRODUCTION COMPANY, THAT NEWS
PRODUCTION COMPANY, GOES OUT AND ACQUIRES THE RIGHTS TO THE SEGMENT
THAT THEY'RE GOING TO AIR. AND AT THE END OF THE -- THE DOCUMENTARY OR
THE NEWS, THEY WILL ACTUALLY CREDIT WHO TOOK THE PHOTOS OR -- OR WHAT
MOVIE IT WAS FROM, OR WHERE THE CLIP CAME FROM. AND THEY PAY A FEE
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NYS ASSEMBLY JUNE 18, 2018
FOR THAT CREDIT BECAUSE WHOEVER ACTUALLY TOOK THAT PHOTO OR THAT -- OR
THAT PIECE OF FILM IS ENTITLED TO A ROYALTY FOR THE MONEY THAT THEY PAID
TO ACTUALLY DO THAT PRODUCTION.
SO THIS IS A VERY GOOD BILL. IT'S GOING TO PROTECT THAT --
THAT CRAFT, AND IT'S GOING TO BE ABLE TO PROTECT THOSE FAMILY MEMBERS.
AND -- AND I -- I ALSO WORRY THAT IF WE DON'T DO A BILL LIKE THIS THAT
MAYBE SOMEONE USES THAT -- THAT PERSON'S LIKENESS IN A NEGATIVE
MANNER THAT THEN DIMINISHES THEIR LEGACY. A FAMILY ALSO WANTS TO
MAKE SURE THAT THEIR LOVED ONE IS -- IS LOOKED AT IN THE, YOU KNOW,
PROFESSIONAL LIGHT THAT THEY HAD DONE WHILE THEY WERE ALIVE. AND YOU
WOULDN'T WANT THAT TO BE LOST, AND YOU'D LIKE TO HAVE SOME CONTROL OVER
WHERE YOUR LOVED ONE'S NAME IS GOING TO APPEAR. YOU DON'T WANT TO
SEE IT MAYBE ON A BAG OF POPCORN, ET CETERA, ET CETERA. YOU KNOW, YOU
WANT THEM TO HAVE THE DIGNITY AND THE RESPECT OF THEIR -- THEIR CHARACTER
AND THEIR CRAFT THAT THEY HAD.
SO I THINK THIS IS A REAL IMPORTANT BILL, AND I HOPE
EVERYBODY WILL BE SUPPORTING IT. BUT FOR THOSE REASONS, I -- I WILL BE.
THANK YOU.
ACTING SPEAKER WOERNER: MR. MORELLE.
MR. MORELLE: THANK YOU, MADAM SPEAKER. ON
THE BILL. I APPRECIATE THE -- MY COLLEAGUES' COMMENTS, AND I APPRECIATE
MR. RA'S QUESTIONS. THIS IS A -- AN INTERESTING TOPIC AND ONE THAT'S
BECOME CERTAINLY MORE RELEVANT AS TECHNOLOGY CONTINUES TO IMPROVE.
AND I WANT TO SAY ONE OF THE INTERESTING THINGS, I WAS JUST FLIPPING
THROUGH CHANNELS A FEW MONTHS AGO AND I SAW A STORY ON CBS SUNDAY
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NYS ASSEMBLY JUNE 18, 2018
MORNING ABOUT ROY ORBISON TOURING IN ENG -- IN EUROPE AND SELLING
CONCERT TICKETS TO ROY ORBISON'S CONCERTS, WHICH WOULD BE INTERESTING
UNDER ANY CIRCUMSTANCES. BUT THE FACT THAT MR. ORBISON PASSED AWAY
SEVERAL YEARS AGO MADE IT MORE INTERESTING. MARIA CALLAS IS ON TOUR
RIGHT NOW AS WELL, THE OPERA SINGER. SHE IS -- IS NO LONGER WITH US
PHYSICALLY, BUT IS IN A HOLOGRAM. SO AND YOU NOTE THAT IN MOVIES SUCH
AS THE STAR WARS SERIES WHERE CARRIE FISHER, AS WELL AS OTHER ACTORS,
HAVE BEEN PORTRAYED AFTER THEIR DEATH. AND THE TECHNOLOGY CONTINUES
TO GET BETTER AND BETTER, AND THE OPPORTUNITIES TO USE SOMEONE'S IMAGE,
THEIR LIKENESS, THEIR PERSONA IN THESE TYPES OF ENTERTAINMENT IS SUCH
THAT, AS MR. DENDEKKER RIGHTLY POINTS OUT, IT COULD BE USED IN WAYS
THAT ARE NOT APPROPRIATE. THIS BILL WILL ALLOW THE HEIRS OF AN ESTATE TO
SAY WHAT THEIR LOVED ONE WILL APPEAR IN; WHETHER IT'S ON CONCERT, IN A
MOVIE, ET CETERA. AND, CERTAINLY, THE DARK SIDE OF THIS IS THERE'S MORE
AND MORE INFORMATION ABOUT WHETHER IT'S FAKE NEWS AND THE ABILITY TO
PUT PEOPLE WHO ARE PUBLIC OFFICIALS SAYING SOMETHING THAT THEY NEVER
SAID AND THE INABILITY FOR AN INDIVIDUAL WHO'S LOOKING AT IT TO NOTE
WHETHER OR NOT IT WAS THEM SAYING IT OR NOT. THAT THE COMPUTER
TECHNOLOGY HAS GOTTEN SO GOOD THAT YOU DON'T -- YOU CAN'T EVEN DISCERN
THAT. THERE'S ALSO SOMETHING CALLED DEEP FAKES, WHICH IS THE ABILITY TO
USE PEOPLE'S IMAGES IN PORNOGRAPHY, AND THAT IS BECOMING MORE AND
MORE OF A THING. THERE'S ARE PROTECTIONS IN THIS BILL AGAINST THAT AS
WELL. BUT IT'S NOT ONLY CELEBRITIES. I NOTE THAT BACK IN 1986, A YOUNG
GIRL PASSED AWAY IN A CHILDREN'S HOSPITAL, AND THE HOSPITAL USED HER
IMAGE TO -- TO BE ABLE TO TRY TO ATTRACT DOLLARS FOR THEIR MISSION. THE
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NYS ASSEMBLY JUNE 18, 2018
MISSION, AS WELL-INTENDED AS IT MIGHT BE. BUT THE PARENTS STEPPED IN
AND SAID, WE'RE NOT COMFORTABLE USING THE IMAGE OF OUR DECEASED
DAUGHTER IN YOUR ADVERTISING. THE 1986 -- THE APPELLATE DIVISION -- I
-- I ERRED, I SAID COURT OF APPEALS -- THE APPELLATE DIVISION SAID THAT
THE DEFENDANT HOSPITAL'S IMPROPER PUBLICATION OF THE INFANT'S
PHOTOGRAPH FOR ADVERTISING PURPOSES CONSTITUTED INVASIONS OF THE
INFANT'S STATUTORY RIGHTS TO PRIVACY. HOWEVER, THESE RIGHTS WERE
PERSONAL TO THE INFANT AND CANNOT SUPPORT AN INDEPENDENT CAUSE OF
ACTION IN FAVOR OF THE PARENTS. IN OTHER WORDS, ONCE THAT CHILD PASSED
AWAY, SHE HAD NO MORE RIGHTS TO IT, NOR DID HER PARENTS BECAUSE IT WAS
NOT A POST-MORTEM RIGHT, WHICH IS WHY WE'VE DECIDED TO STEP IN AND
ESSENTIALLY TAKE THIS APPROACH. THAT -- AND MR. RA POINTS OUT, THERE'S A
WHOLE BODY OF ADJUDICATED LAW AND CASE LAW ON THE RIGHT OF PRIVACY.
SO WE DIDN'T CHANGE THAT. WE SIMPLY UPDATED IT TO CHANGE SOME OF THE
DEFINITIONS TO REFLECT NEW TECHNOLOGY. WHAT WE DID INSTEAD -- AND WE
LEFT THAT BODY OF LAW IN PLACE -- WHAT WE DID INSTEAD IS CREATE THIS NEW
RIGHT OF PUBLICITY, WHICH IS ESSENTIALLY A POST-MORTEM PROPERTY RIGHT.
IT'S A NEW PROPERTY RIGHT IN THE STATE OF NEW YORK WHICH SAYS THAT YOU
OR YOUR HEIRS WILL HAVE THE ABILITY TO -- TO REALLY DETERMINE HOW YOUR
IMAGE WILL BE USED FOR COMMERCIAL PURPOSES. AND THAT'S REALLY WHAT'S
AT EFFECT HERE. IT'S NOT A QUESTION OF WHETHER THE ESTATE IS TRYING TO
MAKE MONEY. WHAT'S CURRENTLY HAPPENING IS THE MEDIA IS ABLE TO MAKE
MONEY OFF OF THE IMAGE OF AN INDIVIDUAL WHO HAS PASSED AND WHO IS
UNIQUE. SO UNIQUE THAT WHATEVER FILMMAKER CHOOSES TO USE THAT
PERSON'S LIKENESS IN -- IN A MOVIE OR IN OTHER TYPES OF COMMERCIAL
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NYS ASSEMBLY JUNE 18, 2018
ACTIVITIES. AND THAT COMMERCIAL TRADE IS WHAT WE SEEK TO MAKE SURE
THAT THE HEIRS AND THE ESTATES HAVE A RIGHT TO DETERMINE HOW THAT PERSON
IS USED, AND SINCE IT IS A PROFIT-MAKING VENTURE, THAT THEY WOULD SHARE
IN THOSE PROFITS.
I DO WANT TO JUST THANK -- AND I DON'T OFTEN DO THIS, BUT
THIS WAS A LONG AND ARDUOUS TASK TO GET TO THIS POINT AND TO GET THIS BILL
ON THE FLOOR. I DO WANT TO THANK MS. WEINSTEIN, WHO WAS CHAIRING THE
JUDICIARY COMMITTEE WHEN THIS WAS REPORTED OUT LAST YEAR. HER STAFF,
RICH ANCOWITZ AND AMY MAGGS, DID AN AMAZING JOB, AS WELL AS MY
COUNSEL, BOB BERGIN. I WANT TO PUBLICLY THANK THEM FOR ALL THE WORK
THAT THEY DID IN --IN GETTING THIS TO THE FLOOR, AND I WOULD LIKE TO
CERTAINLY ASK MY -- MY COLLEAGUES TO SUPPORT THE LEGISLATION.
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. MR. --
(APPLAUSE)
MR. MORELLE: THIS IS NOT THE LAST ONE, BY THE
WAY.
(LAUGHTER)
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NYS ASSEMBLY JUNE 18, 2018
WE'VE GOT A LOT MORE STUFF TO DO HERE.
ACTING SPEAKER AUBRY: THAT'S WHY I DIDN'T
STAND AND CLAP, MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: WE JUST CALL THEM
OLDIES BUT GOODIES.
MR. MORELLE.
MR. MORELLE: YES, SIR. I WOULD LIKE TO BREAK THE
MERRIMENT BY CALLING LOCAL GOVERNMENTS IN THE SPEAKER'S CONFERENCE
ROOM. MR. MAGNARELLI AWAITS LOCAL GOVERNMENTS IN THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER AUBRY: MR. MAGNARELLI IN THE
SPEAKER'S CONFERENCE ROOM. LOCAL GOVERNMENTS.
MR. MORELLE.
THE CLERK WILL READ.
MR. MORELLE: THANK YOU.
THE CLERK: SENATE BILL NO. S07912-A, RULES
REPORT NO. 56, SENATOR COMRIE (A09993-A, PAULIN, OTIS, SEAWRIGHT,
VANEL, SIMON, BARRON, NIOU). AN ACT TO AMEND THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO EXTENDING THE
AMOUNT OF TIME BETWEEN NOTICE OF A PROJECT AND A PUBLIC HEARING.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. --
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NYS ASSEMBLY JUNE 18, 2018
MS. PAULIN: YES, I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.
I NOTE THAT THIS BILL DOUBLES THE LENGTH OF TIME NECESSARY FOR A PUBLIC
NOTICE BEFORE THERE'S A HEARING OR UDC TO PROCEED FORWARD ON VARIOUS
ECONOMIC DEVELOPMENT PROJECTS. THE GOVERNOR HAS VETOED THIS BILL IN
2014 AND AGAIN IN 2015. IN HIS VETO MESSAGE, HE ARGUED THAT A SHORTER
TIMEFRAME MAKES NEW YORK STATE MORE RESPONSIVE TO ECONOMIC
DEVELOPMENT EFFORTS. MY FIRST QUESTION IS, HAS THIS BILL BEEN CHANGED
ANY SINCE IT WAS LAST VETOED?
MS. PAULIN: YES. IT WAS -- THE ORIGINAL BILL THAT
WAS VETOED TWICE WAS 30 DAYS, AND WE REDUCED THAT TO 20 DAYS, HOPING
THAT, YOU KNOW, WE COULD LENGTHEN THE TIME AND GIVE MORE NOTICE
WHICH WE BELIEVE IS TRANSPARENT AND WILL HELP THE COMMUNITIES HAVE
INPUT INTO THE PROJECT AND, AT THE SAME TIME, PERHAPS ADDRESS THE VETO
MESSAGE, WHICH WAS NOT SPECIFIC BUT DID INDICATE THAT 30 DAYS WAS TOO
LONG.
MR. GOODELL: HAVE YOU HEARD ANYTHING FURTHER
FROM THE GOVERNOR'S OFFICE ON WHETHER OR NOT THAT CHANGE WAS
ACCEPTABLE?
MS. PAULIN: NO. WE EXPECT WE'LL HEAR SOON.
MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
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NYS ASSEMBLY JUNE 18, 2018
MR. GOODELL: I CERTAINLY RESPECT MS. PAULIN'S
EFFORTS TO PROVIDE MORE NOTICE FOR A PUBLIC HEARING. AT THE SAME TIME,
ONE OF THE THINGS THAT NEW YORK STATE HAS ROUTINELY CRITICIZED FOR IS
NOT BEING BUSINESS-FRIENDLY ENOUGH. AND ABSENT INFORMATION
INDICATING THAT THE CURRENT 10-DAY NOTICE IS INSUFFICIENT, I WOULD
RECOMMEND WE STAY WITH A SHORTER NOTICE WHEN MOVING ECONOMIC
DEVELOPMENT PROJECTS FURTHER, KEEPING IN MIND THAT THIS NOTICE IS ONLY
ONE OF SEVERAL THAT TYPICALLY APPLIES TO ECONOMIC DEVELOPMENT
PROJECTS. SO THE CHALLENGE OF GETTING A NEW ECONOMIC DEVELOPMENT
PROJECT OFF THE GROUND IS SIGNIFICANT IN NEW YORK STATE, AND I WOULD
NOT RECOMMEND THAT WE DOUBLE THE LENGTH OF TIME FOR THIS TYPE OF
HEARING.
THANK YOU VERY MUCH, AND AGAIN, THANK YOU VERY
MUCH TO THE SPONSOR FOR -- FOR THAT INFORMATION.
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. PAULIN TO EXPLAIN HER VOTE.
MS. PAULIN: I -- I JUST WANT TO REMIND EVERYONE
THAT THESE PROJECTS TAKE AN ENORMOUS AMOUNT OF TIME AND BUREAUCRACY
THROUGH ESSENTIALLY CLOSED SYSTEMS THAT THE PUBLIC DOES NOT HAVE ACCESS
TO. SO TO ADD 10 DAYS TO A VERY CUMBERSOME PROCESS, I WOULD ARGUE
WE SHOULD BE CUTTING OUT SOME OF THE BUREAUCRACY WHICH COULD ALSO
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NYS ASSEMBLY JUNE 18, 2018
HELP EXPEDITE THE PROJECTS AND NOT SHORT-CHANGE THE PUBLIC FROM HAVING
THEIR SAY.
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.
THE CLERK: ASSEMBLY NO. A10970, RULES REPORT
NO. 77, CAHILL. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
EXTENDING WORKERS' COMPENSATION COVERAGE TO CERTAIN TNC DRIVERS;
AND TO AMEND PART AAA OF CHAPTER 59 OF THE LAWS OF 2017, AMENDING
THE VEHICLE AND TRAFFIC LAW AND OTHER LAWS RELATING TO THE REGULATION
OF TRANSPORTATION NETWORK COMPANY SERVICES AND ESTABLISHING THE NEW
YORK STATE TNC ACCESSIBILITY TASK FORCE AND THE NEW YORK STATE
TRANSPORTATION NETWORK COMPANY REVIEW BOARD, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CAHILL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. CAHILL, AN EXPLANATION IS REQUIRED.
MR. MORELLE: I'M SORRY. MR. -- MR. CHAIR -- MR.
SPEAKER? MR. SPEAKER, I'M SORRY.
ACTING SPEAKER AUBRY: EXCUSE ME.
MR. MORELLE.
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NYS ASSEMBLY JUNE 18, 2018
MR. MORELLE: YES, I'M SORRY. I NEED TO INTERRUPT
JUST TO ASK MEMBERS OF THE REAL PROPERTY TAXATION COMMITTEE TO JOIN
MRS. GALEF IN THE SPEAKER'S CONFERENCE ROOM. REAL PROPERTY TAX IN
THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: REAL PROPERTY TAX IN
THE SPEAKER'S CONFERENCE ROOM. MRS. GALEF AWAITS YOU.
AND NOW, MR. CAHILL, IF YOU WILL FORGIVE US FOR THAT
INTERRUPTION.
MR. CAHILL: I'M A BIG GUY LIKE THAT.
ACTING SPEAKER AUBRY: YOU CERTAINLY ARE.
MR. CAHILL: MR. GOODELL, MR. SPEAKER, THIS
MEASURE IS -- IS REALLY QUITE SIMPLE. IN 2017, WE AUTHORIZED
TRANSPORTATION NETWORK COMPANIES TO DO BUSINESS IN NEW YORK STATE,
ALL ACROSS THE STATE. ONE OF THE PROVISIONS TEMPORARILY PLACED THOSE
DRIVERS DURING PERIOD ONE IN THE BLACK CAR FUND TEMPORARILY, MEANING
IT WAS GOING TO EXPIRE AT THE END OF THIS VERY MONTH, PENDING A REPORT
THAT WAS SUPPOSED TO BE GENERATED AND PROVIDED TO THE LEGISLATURE TO --
TO DEMONSTRATE WHETHER IT WAS HAVING ANY IMPACT ON THE FUND. WE
NEVER GOT THAT REPORT. WE'VE NOT HEARD ANY COMPLAINTS FROM THE BLACK
CAR FUND. WE'VE NOT HEARD ANY COMPLAINTS FROM THE INDUSTRY, AND
MOST IMPORTANTLY, WE HAVEN'T HEARD ANY COMPLAINTS FROM THE
PASSENGERS WHO ARE PAYING ROUGHLY 20 CENTS OR 30 CENTS ON A RIDE TO
MAKE SURE THAT DRIVERS ARE ADEQUATELY PROTECTED. SO THIS WOULD
REMOVE THE SUNSET. THAT'S ALL IT DOES.
ACTING SPEAKER AUBRY: MR. GOODELL.
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NYS ASSEMBLY JUNE 18, 2018
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
MR. CAHILL: I YIELD.
ACTING SPEAKER AUBRY: MR. CAHILL YIELDS,
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. CAHILL, FOR A VERY
CLEAR AND SUCCINCT EXPLANATION. MY QUESTION IS, WHY ARE WE REMOVING
THE SUNSET PROVISION COMPLETELY, RATHER THAN JUST EXTEND IT A YEAR TO
GIVE THE FUND MORE TIME TO GIVE US A REPORT?
MR. CAHILL: THANK YOU, MR. GOODELL. MR.
SPEAKER, I THINK THE REASON THAT WE PLACED THE SUNSET ON IT IN THE FIRST
PLACE WAS TO PROVIDE BOTH THE FUND AND THE INDUSTRY TO REGISTER IN,
SHOULD THERE BE ANY CONCERNS. THERE BEING NO CONCERNS, IT MAKES
PERFECT SENSE TO MAKE IT PERMANENT. IT PROBABLY WOULD HAVE BEEN
PERMANENT IN THE FIRST INSTANCE IF THERE WAS NOT A LITTLE CONCERN. BUT
WHATEVER WAS THE ISSUE, AND A PARTICULAR, WHEN IT COMES TO THE FUND,
THE ISSUE WOULD BE DID THE INCLUSION OF THESE DRIVERS FOR THIS PERIOD DO
ANYTHING TO DIMINISH THE VALUE OF THE FUND OR PLACE TOO MUCH PRESSURE
ON THE FUND. THAT DIDN'T HAPPEN. FROM THE PERSPECTIVE OF THE TNCS,
DID IT DISSUADE PEOPLE FROM TAKING THE RIDE BECAUSE IT ADDED TOO MUCH
TO THE COST. THAT DIDN'T HAPPEN. SO BASICALLY WHAT WE HAVE BEEN ABLE
TO DO IN THE PAST YEAR IS PROVE THAT IT WORKS, AND THAT'S WHY IT SHOULD
BECOME PERMANENT.
MR. GOODELL: IT CONCERNS ME A LITTLE BIT THAT WE
PASSED LEGISLATION ASKING FOR A STUDY TO BE DONE, A REPORT MADE BACK TO
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NYS ASSEMBLY JUNE 18, 2018
US SO THAT WE CAN INTELLIGENTLY AND THOUGHTFULLY RESPOND TO THESE
THINGS. ARE WE GETTING ANY EXPLANATION WHY OUR STATUTORY DIRECTIVE
WAS JUST IGNORED?
MR. CAHILL: WELL, IT -- IT WAS A STATUTORY DIRECTIVE
FOR THE BENEFIT OF THE PEOPLE WHO WERE TO DO THE STUDY. THE FACT THAT
THEY CHOSE NOT TO DO THE STUDY, I'M GOING TO CONCLUDE MEANS THAT THEY
DON'T HAVE ANY OBJECTION OR -- AND BY THE WAY, I SHOULDN'T SAY THEY
DIDN'T DO THE STUDY, THEY DIDN'T PROVIDE US WITH THE STUDY.
MR. GOODELL: THANK YOU VERY MUCH, MR. CAHILL.
MR. CAHILL: THANK YOU.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03136-A, RULES
REPORT NO. 93, ABBATE. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO THE DIRECT DEPOSIT OF CERTAIN SALARIES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. ABBATE.
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MR. ABBATE: TO PROVIDE PAYMENT FOR DIRECT -- FOR
SALARIES BY DIRECT DEPOSIT FOR EMPLOYEES HIRED AFTER JANUARY 1ST, 2019.
MR. GARBARINO: WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: THE SPONSOR -- WILL
YOU YIELD, MR. ABBATE?
MR. ABBATE: YES.
ACTING SPEAKER AUBRY: MR. ABBATE YIELDS.
MR. GARBARINO: MR. ABBATE, I HAVE A COUPLE OF
QUESTIONS. CAN YOU EXPLAIN TO ME WHY THIS BILL IS NECESSARY, WHY
WE'RE DOING IT?
MR. ABBATE: WELL, AS THE CHAIR OF THE
GOVERNMENTAL EMPLOYEES COMMITTEE DOES PENSIONS AND SALARIES, THE
COMPTROLLER ASKED ME TO PUT THIS BILL IN FOR HIM, SO IT'S A REQUEST FROM
THE STATE COMPTROLLER.
MR. GARBARINO: ANY EXPLANATION AS TO WHY HE'S
SEEKING IT?
MR. ABBATE: YES, HE SAID THAT BASICALLY, AND HIS
STAFF SAID THAT IT WOULD MAKE THE PROCESS EASIER AND ALSO SAVE MONEY.
MR. GARBARINO: OKAY.
MR. ABBATE: AND WHEN I HEARD "SAVE MONEY," I
THOUGHT THAT WAS A GOOD IDEA FOR A CHANGE.
MR. GARBARINO: ALL RIGHT. CURRENTLY, EMPLOYEES
ARE ALLOWED TO CHOOSE WHETHER OR NOT THEY WANT A DIRECT DEPOSIT.
WHAT HAPPENS IF WE CHANGE THIS LAW, GIVE THIS -- THE COMPTROLLER THIS
UNILATERAL POWER, AND EMPLOYEES DON'T HAVE ACCESS TO A BANK ACCOUNT?
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NYS ASSEMBLY JUNE 18, 2018
MR. ABBATE: THE EMPLOYEES CAN OPT OUT.
MR. GARBARINO: THEY CAN OPT OUT?
MR. ABBATE: YOU CAN OPT OUT.
MR. GARBARINO: IS THERE A CERTAIN STANDARD TO OPT
OUT, OR DO THEY HAVE TO REQUEST, OR...
MR. ABBATE: NO, JUST -- I JUST THINK IT'S A FORM
THEY HAVE TO FILL OUT AND YOU CAN OPT OUT.
MR. GARBARINO: SO THEY -- THEY -- AND IT -- IT'S UP
TO THE COMPTROLLER WHETHER OR NOT -- SO IT'S AUTOMATIC. IF THEY FILL OUT
THIS FORM IT'S AUTOMATIC?
MR. ABBATE: AUTOMATIC.
MR. GARBARINO: OKAY. SECTION 192 OF THE LABOR
LAW PROHIBITS ANY EMPLOYER IN THE STATE FROM PUTTING SOMEBODY --
ENROLLING SOMEBODY INTO A DIRECT DEPOSIT ACCOUNT UNLESS THEY GET
PREVIOUS PERMISSION FROM THAT EMPLOYEE. WHY ARE WE HOLDING OTHER
EMPLOYERS TO THAT STANDARD WHILE THE STATE IS ALLOWED TO JUST PUT ALL OF
ITS EMPLOYEES INTO A DIRECT DEPOSIT?
MR. ABBATE: I THINK THE COMPTROLLER'S INTERPRETING
THAT BY SAYING THAT IF THE -- THE PERSON CAN OPT OUT, THAT SATISFIED THAT
SECTION OF THE LAW. THAT'S HIS INTERPRETATION. OR HIS OFFICE'S
INTERPRETATION.
MR. GARBARINO: OKAY. THANK YOU VERY MUCH,
MR. ABBATE.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
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NYS ASSEMBLY JUNE 18, 2018
MR. GARBARINO: CURRENTLY, STATE EMPLOYEES CAN
OPT IN TO A DIRECT DEPOSIT. I HAVE DONE IT. BUT THERE ARE CERTAIN PEOPLE
THAT EITHER DON'T HAVE ACCESS TO BANK ACCOUNTS OR, YOU KNOW, DON'T -- OR
THEY -- THEY JUST DON'T TRUST DIRECT DEPOSIT. THEY WANT THEIR CHECKS ON
PAPER. THAT, COMBINED WITH THE FACT THAT WE REQUIRE OTHER EMPLOYERS
IN THE STATE TO GET PRIOR PERMISSION FROM EMPLOYEES BEFORE THEY ARE
OPTED INTO A DIRECT DEPOSIT ACCOUNT, MAKES ME QUESTION THIS BILL, AND I
SUGGEST THAT ALL MY COLLEAGUES VOTE NO, AS I WILL BE DOING SO TODAY.
THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2019.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. 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: AN EXPLANATION IS
REQUESTED, MR. ABBATE.
MR. ABBATE: SURELY. THIS BILL WOULD ALLOW A
PUBLIC EMPLOYEE WHO SEPARATES FROM STATE SERVICE TO MAINTAIN THEIR
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NYS ASSEMBLY JUNE 18, 2018
SICK LEAVE TO OFFSET HEALTHCARE CHARGES, PROVIDED THAT SUCH EMPLOYEE IS
REEMPLOYED AT A COMMUNITY COLLEGE WITHIN ONE YEAR OF THEIR
RETIREMENT.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: I'M SORRY. WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
ABBATE?
MR. ABBATE: YES.
ACTING SPEAKER AUBRY: MR. ABBATE YIELDS.
MR. RA: SORRY, I WAS TRYING TO --
MR. ABBATE: I'M YIELDING.
MR. RA: SURE. JUST -- JUST FOR A SECOND. MR.
GOODELL HAS SOME QUESTIONS AS WELL. DO YOU WANT TO TAKE IT OVER? ALL
RIGHT. I'M SORRY, HE IS BACK, SO I'M GOING TO SIT DOWN.
ACTING SPEAKER AUBRY: NOW THAT MR.
GOODELL HAS RETURNED, MR. RA WILL YIELD TO MR. GOODELL.
MR. GOODELL WILL ASK MR. ABBATE TO YIELD.
MR. ABBATE: I YIELD.
ACTING SPEAKER AUBRY: AND WE'VE GOT OUR
YIELDS RIGHT. THANK YOU.
MR. GOODELL: MR. ABBATE, YOU ALMOST HAD THE
GOOD FORTUNE OF HAVING ME OUT GRABBING SOMETHING TO EAT, BUT...
MR. ABBATE: IT'S A PLEASURE TO HAVE YOU BACK.
MR. GOODELL: SO AS I UNDERSTAND THIS, YOU COULD
HAVE UP TO 200 HOURS OF UNUSED SICK LEAVE THAT YOU ACQUIRED WHILE
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NYS ASSEMBLY JUNE 18, 2018
WORKING FOR THE STATE OF NEW YORK. AND IF YOU ARE SUBSEQUENTLY HIRED
WITHIN ONE YEAR BY A COMMUNITY COLLEGE, THE COMMUNITY COLLEGE
WOULD HAVE TO HONOR THE 200 HOURS OF SICK LEAVE?
MR. ABBATE: CORRECT. CORRECT.
MR. GOODELL: AND SO THE VERY INSTANT THE
COMMUNITY COLLEGE HIRES SUCH AN INDIVIDUAL, THEY THEN HAVE AN
UNFUNDED POST-RETIREMENT ACCRUED LIABILITY HITTING THEIR BOOKS?
MR. ABBATE: YES.
MR. GOODELL: AND THAT WOULD BE EQUAL TO ALMOST
TWO-THIRDS OF THE ANNUAL SALARY OF THE PERSON THAT THEY HIRED?
MR. ABBATE: YEAH. YOU KNOW, THESE RULES AND
REGULATIONS WERE DONE BY THE DEPARTMENT OF CIVIL SERVICE. AND IT
BASICALLY SAYS AN EMPLOYEE MAY USE SICK LEAVE -- THAT SICK LEAVE BANK
FOR THE PURPOSE -- FOR THAT PURPOSE. AND THE DEFINITION, AND WHAT --
WHY WE'RE TRYING TO GET TO THIS, THE DEFINITION OF STATE SERVICE IS LIMITED
TO STATE AGENCIES, INDEPENDENT ELECTED BODIES, AND SELECT UNIVERSITIES,
RIGHT, OF ACADEMIC INSTITUTIONS. IT DOESN'T INCLUDE COMMUNITY COLLEGE.
ALMOST EVERYONE ELSE IS INCLUDED. SO, WE'RE TRYING TO PUT COMMUNITY
COLLEGES IN THIS.
MR. GOODELL: NOW, COMMUNITY COLLEGES HAVE
THEIR OWN FINANCIAL BOOKS AND RECORDS, CORRECT?
MR. ABBATE: YES.
MR. GOODELL: AND THEY HAVE THEIR OWN BUDGET.
MR. ABBATE: YES.
MR. GOODELL: AND THEY'RE ALSO SUPPORTED -- THAT
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NYS ASSEMBLY JUNE 18, 2018
BUDGET IS ALSO SUPPORTED BY LOCAL MUNICIPALITIES, THE COUNTIES OR TOWNS
OR CITIES THAT SPONSOR THEM.
MR. ABBATE: RIGHT. BUT IF --
MR. GOODELL: SO, WHY --
MR. ABBATE: -- THEY DO NOT WANT TO -- IF THEY DON'T
WANT TO SIGN INTO THIS, THEY DON'T HAVE TO HIRE THAT PERSON. THEY'RE SORT
OF LIKE WHEN YOU HIRE THE PERSON, THEY'LL KNOW THIS IS GOING ON. SO
THEY HAVE THAT CHOICE. IF THEY WANT TO GET A QUALIFIED -- MAYBE THEY
THINK IT'S A GREAT BIO -- BIOLOGY TEACHER, CHEMISTRY TEACHER, THEY'RE
WILLING TO PICK UP THIS ADDED EXPENSE TO GET SOMEONE WHO THEY WANT.
NO DIFFERENT THAN IN SPORTS WHERE YOU DRAFT SOMEONE AND PLAY -- PAY A
LOT MORE MONEY IF YOU THINK THAT PLAYER IS MUCH BETTER THAN SOMEONE
ELSE YOU MIGHT HAVE.
MR. GOODELL: AND I -- I THINK YOU'VE PUT YOUR
FINGER RIGHT ON THE ISSUE, THAT IT MAY RENDER ALL THESE FORMER STATE
EMPLOYEES UNEMPLOYABLE BY A COMMUNITY COLLEGE, BECAUSE IT HAS THE
EFFECT OF AN IMMEDIATE BONUS EQUAL TO TWO-THIRDS OF THEIR SALARY THAT
HITS THE BALANCE SHEET OF THE COMMUNITY COLLEGE. AND THE COMMUNITY
COLLEGE UNDER THIS BILL DOESN'T GET ANY FUNDING FROM THE STATE, RIGHT? I
MEAN, IF THEY -- IF THE INDIVIDUAL HAS 200 HOURS IN THE STATE SICK LEAVE
BANK, THE STATE DOESN'T TRANSFER THE VALUE OF THAT MONEY IN A TRANSFER TO
THE COMMUNITY COLLEGE, CORRECT?
MR. ABBATE: THE COMMUNITY COLLEGE WILL ONLY GET
THE AMOUNT OF MONEY THEY GET FROM THE STATE NOW, AND THEY GET
NOTHING IN THIS BILL EXTRA.
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NYS ASSEMBLY JUNE 18, 2018
MR. GOODELL: THANK YOU VERY MUCH. I
APPRECIATE YOUR ANSWERS ON THE BILL.
MR. ABBATE: THANK YOU.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I CERTAINLY APPRECIATE MR. ABBATE'S
DESIRE TO ENABLE A FORMER STATE EMPLOYEE TO KEEP ALL OF HIS SICK LEAVE.
BUT THAT DESIRE IS REFLECTED IN AN UNFUNDED STATE MANDATE ON OUR
COMMUNITY COLLEGE THAT CAN BE VERY SUBSTANTIAL. IT COULD BE EQUAL TO --
WELL, 200 DAYS OF SICK LEAVE, WHICH THAT EMPLOYEE COULD THEN TRANSLATE
INTO PAID-UP HEALTH INSURANCE UPON THEIR RETIREMENT FROM THE
COMMUNITY COLLEGE. SO, EVEN THOUGH THEY MAY HAVE WORKED FOR THE
STATE FOR 20 YEARS, THE VERY INSTANT THAT THEY'RE HIRED BY A COMMUNITY
COLLEGE, THEY WOULD HAVE THE EQUIVALENT OF FOUR OR FIVE YEARS OF PAID
HEALTH INSURANCE. AND THE FINANCIAL IMPACT ON THE COMMUNITY COLLEGE
COULD BE VERY SUBSTANTIAL. IT'S ABOUT TWO-THIRDS OF THEIR ANNUAL SALARY,
WITH NO CORRESPONDING PAYMENT FROM THE STATE. AND WE NEED TO
RECOGNIZE THAT THE COMMUNITY COLLEGES ARE UNDER TREMENDOUS FINANCIAL
STRESS AS A RESULT OF SOME OF THE LEGISLATION WE PASSED LAST YEAR THAT
PROVIDED FREE COLLEGE TUITION. BECAUSE WHEN WE PASSED THE LEGISLATION
FOR FREE TUITION, IT ELIMINATED THE COST ADVANTAGE THAT COMMUNITY
COLLEGES ENJOY. AND SO AT A VERY TIME WHEN OUR COMMUNITY COLLEGES
ARE SEEING A SUBSTANTIAL DROP IN ENROLLMENT AND UNDER TREMENDOUS
FINANCIAL STRESS, THIS BILL WOULD PUT A TREMENDOUS NEW BURDEN,
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NYS ASSEMBLY JUNE 18, 2018
UNFUNDED, ON ITS COMMUNITY COLLEGES. I WOULD CERTAINLY SUPPORT THIS
CONCEPT IF THIS CONCEPT WAS ACCOMPANIED BY A PAYMENT BY THE STATE OF
NEW YORK TO THE COMMUNITY COLLEGE OF THE VALUE OF THOSE 200 HOURS,
WHICH IS ALREADY REFLECTED ON NEW YORK STATE'S BALANCE -- BALANCE
SHEET, BUT NOT REFLECTED ON THE COMMUNITY COLLEGE.
SO, I HOPE IF THIS BILL COMES UP, WE CAN INCLUDE THE
FUNDING FOR IT. IT WOULD THEN HAVE MY ENTHUSIASTIC SUPPORT. BUT IN THE
MEANTIME, THIS IS A HUGE UNFUNDED POTENTIAL LIABILITY TO COMMUNITY
COLLEGES WHICH, UNFORTUNATELY, WILL FORCE MANY COMMUNITY COLLEGES TO
SIMPLY REFUSE -- AS THE SPONSOR NOTED -- REFUSE TO HIRE A STATE RETIREE.
AND IT WOULD BE SUCH A SHAME TO PRICE OUT STATE RETIREES FROM
ALTERNATIVE EMPLOYMENT IN THE FUTURE.
THANK YOU VERY MUCH, MR. SPEAKER. AND, AGAIN,
THANK YOU FOR THE COMMENTS FROM MY COLLEAGUE.
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'D LIKE
TO CALL UP THE NEXT FOUR BILLS IN THIS ORDER: I'D LIKE TO GO NEXT TO RULES
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NYS ASSEMBLY JUNE 18, 2018
REPORT NO. 178 BY MR. DINOWITZ, WHICH IS ON PAGE 13 OF THE MAIN
CALENDAR; THEN JUMP TO CALENDAR NO. 71 BY MS. SIMON, WHICH IS ON
PAGE 31. AND THEN I'D LIKE TO GO TO CALENDAR NO. 121 BY MS. ROZIC,
WHICH IS ON PAGE 35; AND THEN FINISH THIS GROUPING WITH CALENDAR NO.
151 BY MR. BRONSON, WHICH IS ON PAGE 38 OF THE MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: SENATE NO. S07862, RULES REPORT NO.
178, SENATOR GOLDEN (A09627, DINOWITZ, DE LA ROSA). AN ACT TO
AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO ALLOWING TWO
AUTOMATIC FREE TRANSFERS FOR RIDERS USING PAY-PER-RIDE METROCARDS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. DINOWITZ.
MR. DINOWITZ: THIS BILL WOULD ALLOW -- THIS BILL
WOULD ALLOW TWO FREE TRANSFERS IN CERTAIN INSTANCES.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU. WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, SIR?
MR. DINOWITZ: YES.
ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.
MR. RA: I'LL ASK THE OBVIOUS FIRST QUESTION. IN WHAT
CERTAIN INSTANCES?
MR. DINOWITZ: I'LL GIVE YOU THE BACKGROUND.
SOME YEARS AGO, THE MTA IMPOSED A NUMBER OF SERVICE CUTBACKS,
PARTICULARLY THE BUS SERVICE. AND AS A RESULT, MANY PEOPLE WERE THEN
PUT INTO WHAT AMOUNTS TO TWO FARE ZONES BECAUSE THEY HAVE TO TAKE TWO
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NYS ASSEMBLY JUNE 18, 2018
BUSES TO GET TO THE TRAIN. SOME OF THOSE CUTBACKS HAVE BEEN RESTORED,
AND SOME OF THEM HAVE NOT. BUT TWO FARE -- WHEN YOU -- WHEN YOU
HAVE A -- A METROCARD, YOU CAN GET ONE FREE TRANSFER. SO, THE PEOPLE
WHO NEED TWO FREE TRANSFERS ARE PRETTY MUCH EXCLUSIVELY IN THE
BOROUGHS OUTSIDE OF MANHATTAN, PARTICULARLY IN THE OUTER REACHES OF THE
AREA OF NEW YORK CITY. SO, IN THE NORTHERN BRONX, SUCH AS IN MY
DISTRICT OR THE SPEAKER'S DISTRICT OR CO-OP CITY, REPRESENTED BY
ASSEMBLYMAN BENEDETTO, AND CERTAIN AREAS IN THE OTHER BOROUGHS,
QUEENS, BROOKLYN, FOR EXAMPLE. SO SOME PEOPLE HAVE TO PAY TWO
FARES, AND SOME PEOPLE PAY ONE FARE. SO THAT'S NOT FAIR.
MR. RA: THERE'S -- THERE'S A VOICE COMING FROM OVER
HERE SOMEWHERE THAT KEEPS SAYING "STATEN ISLAND." I DON'T KNOW
WHERE IT'S COMING FROM.
MR. DINOWITZ: NEITHER DO I.
(LAUGHTER)
OH, YEAH, THEY'RE -- THEY'RE A BOROUGH, TOO. AND
THEY'RE ONE OF THE --THE OUTER BOROUGHS --
MR. RA: YES.
MR. DINOWITZ: I LIKE TO THINK OF MANHATTAN AS
ISLAND BOROUGH. THE BRONX IS THE MAINLAND, BUT THE -- THE FOUR
BOROUGHS BESIDES MANHATTAN ARE AFFECTED BY THE POLICY --
MR. RA: SURE.
MR. DINOWITZ: -- OF THE MTA.
MR. RA: OKAY. SO, THIS BILL HAS BEEN VETOED TWICE
PREVIOUSLY. IS THIS IDENTICAL TO THAT PREVIOUS BILL?
95
NYS ASSEMBLY JUNE 18, 2018
MR. DINOWITZ: IT'S IDENTICAL. IT'S THE EXACT SAME
BILL, BUT THE GOVERNOR, LIKE ANY WISE PERSON, SOMETIMES RECONSIDERS
HIS POSITION ON AN ISSUE. I THINK JUST TODAY HE ANNOUNCED THE
RECONSIDERATION OF AN IMPORTANT ISSUE, AND I'M HOPING THAT THIS IS THE
YEAR THAT HE MAKES THE CORRECT DECISION TO DO RIGHT BY PEOPLE IN THE
FOUR BOROUGHS BESIDES MANHATTAN.
MR. RA: OKAY. SO -- SO, I THINK, YOU KNOW, LOOKING
BACK AT THESE TWO VETOES -- ACTUALLY, I WOULD SAID THE REASONING WAS A
LITTLE DIFFERENT THE FIRST TIME AS OPPOSED TO THIS PREVIOUS TIME. AND I
KNOW, YOU KNOW, YOU SOMEWHAT ADDRESSED LAST TIME THAT THERE WAS A
CONCERN RAISED BY THE MTA OF A COST OF ABOUT $40 MILLION, WHICH I
KNOW YOU DO NOT THINK IS ACCURATE. DO YOU HAVE ANY HANDLE ON WHAT
THE COST WOULD BE?
MR. DINOWITZ: WELL, ACCORDING TO THE MTA, VERY
FEW PEOPLE WOULD BE AFFECTED BY THIS IN THE FIRST PLACE. SO IT'S VERY
DIFFICULT FOR THE MTA TO SAY WITH A STRAIGHT FACE THAT ON THE ONE HAND,
VERY FEW PEOPLE ARE AFFECTED, SO WHY SHOULD WE DO ANYTHING ABOUT THIS
UNFAIR POLICY, BUT ON THE OTHER HAND SAYING, IT'S GOING TO COST US
MILLIONS AND MILLIONS OF DOLLARS. THEY BOTH CANNOT BE TRUE. SO, I
WOULD ALSO SAY THAT, AND I'M SURE YOU'LL AGREE THAT WHEN THE MTA
COMES OUT WITH NUMBERS AND FIGURES, YOU CAN'T ALWAYS BELIEVE IT.
MR. RA: FAIR. SO, THE OTHER THING THAT WAS STATED IN
THE VETO MESSAGE THIS PREVIOUS YEAR, YOU KNOW, THE GOVERNOR TALKED
ABOUT HAVING -- TRIED TO ENGAGE IN SOME TYPE OF DIALOGUE TO COME TO AN
AGREEMENT. I ASSUME MAYBE HE WAS REQUESTING A CHAPTER AMENDMENT;
96
NYS ASSEMBLY JUNE 18, 2018
I KNOW WE'VE DONE A NUMBER OF THOSE THIS YEAR. BUT HE DID TALK ABOUT
THAT HE HAD RECOMMENDED A NUMBER OF STEPS FROM THE MTA TO ALLOW
FOR TRANSFERS AND TO ADDRESS THIS ISSUE. DO YOU KNOW IF ANY OF THOSE
INITIATIVES WERE FOLLOWED THROUGH ON? I'M -- I'M GOING TO ASSUME
YOU'RE GOING TO SAY NO BECAUSE WE WOULDN'T BE -- PERHAPS WE WOULDN'T
BE TALKING ABOUT THIS BILL, BUT DO YOU KNOW IF ANY OF THOSE INITIATIVES
WERE FOLLOWED THROUGH ON?
MR. DINOWITZ: WELL, LAST YEAR WHAT THEY -- THEY
INDICATED THEY WOULD SIGN THE BILL BASED ON A CHAPTER AMENDMENT
WHICH WOULD ALLOW A FREE TRANSFER IN THE CASE OF SERVICE DISRUPTIONS.
SO, LIKE IF YOU'RE -- IF YOU TOOK A BUS TO THE TRAIN AND THEN YOUR TRAIN
BREAKS DOWN, OR THERE'S WORK BEING DONE ON THE TRAIN AND YOU HAVE TO
TAKE -- GET ONTO A BUS. BUT THAT'S NOT REALLY WHAT THIS BILL IS INTENDED TO
ADDRESS IN THE FIRST PLACE. AND SO I REJECTED THEIR SUGGESTION TO DO A
CHAPTER AMENDMENT BECAUSE IT WOULD NOT HAVE ACCOMPLISHED -- AND BY
THE WAY, THEY'RE DOING WHAT -- THAT ANYWAY. IT WOULDN'T HAVE
ACCOMPLISHED WHAT THE BILL IS INTENDED TO DO, WHICH IS TO HELP PEOPLE
-- AND BY THE WAY, THE PEOPLE WHO ARE MOST IMPACTED BY THIS ARE -- ARE
LOWER-INCOME PEOPLE IN THAT -- OR A LOT OF PEOPLE ARE LOWER-INCOME
PEOPLE, IN THAT THE PEOPLE WHO CAN'T AFFORD OR WHO DON'T BUY THE
MONTHLY UNLIMITED METROCARDS ARE THE ONES WHO ARE IMPACTED. IF YOU
HAVE AN UNLIMITED, THEN YOU HAVE AN UNLIMITED. BUT SOME PEOPLE CAN'T
LAY OUT THAT KIND OF MONEY EACH MONTH, AND THOSE ARE USUALLY PEOPLE
WHO ARE, YOU KNOW, HAVE LESS MONEY.
MR. RA: OKAY. SO, THIS -- THIS JUST -- JUST TO, YOU
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KNOW, REPEAT, SO THIS ISN'T DESIGNED FOR -- FOR -- IT MAY BENEFIT PEOPLE IN
-- IN THOSE TYPES OF SITUATIONS WHERE THERE'S SERVICE CUTS OR -- OR
DISRUPTIONS, BUT REALLY THIS IS DESIGNED FOR PEOPLE THAT ARE IN A SITUATION
THAT, YOU KNOW, WHERE THEY LIVE VERSUS WHERE THEY'RE GOING -- THEY'RE
IN A SCENARIO THAT THEY'RE GOING TO HAVE TO TRANSFER TWICE, AND THEY
WOULD NOT BE ABLE TO DO THAT CURRENTLY UNDER THIS PIECE OF LEGISLATION.
THEY WOULD THEN HAVE THE ADDITIONAL TRANSFER AND BE ABLE TO GET WHERE
THEY'RE GOING, WHETHER IT'S TO WORK, A DOCTOR'S APPOINTMENT, SHOPPING,
WHATEVER IT IS. CORRECT?
MR. DINOWITZ: YES.
MR. RA: OKAY. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01051-A, CALENDAR
NO. 71, SIMON, ARROYO, BLAKE, BARRETT, BRAUNSTEIN, COLTON, COOK,
DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M.G. MILLER, OTIS, PERRY, SKOUFIS,
STECK, TITONE, MOSLEY, ABINANTI, L. ROSENTHAL, CARROLL, D'URSO,
BARRON. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
SPECIFYING PROCEDURES FOR THE CLOSURE AND/OR DECERTIFICATION OF ASSISTED
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LIVING RESIDENCES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. SIMON.
MS. SIMON: THANK YOU. THIS BILL WOULD AMEND THE
PUBLIC HEALTH LAW IN RELATION TO SPECIFYING PROCEDURES FOR THE CLOSURE
OF PRIVATELY-FUNDED ASSISTED LIVING FACILITIES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. SIMON, WILL YOU
YIELD?
MS. SIMON: CERTAINLY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. SIMON. AS I
UNDERSTAND THIS BILL, IF AN ASSISTED LIVING FACILITY WANTED TO CLOSE DOWN,
THEY -- THIS BILL WOULD IMPOSE A NUMBER OF RESTRICTIONS ON THEM. FIRST,
THEY -- THEY WOULDN'T BE ABLE TO CLOSE UNTIL ALL THE RESIDENTS WERE
TRANSFERRED SOMEWHERE ELSE. AND THAT'S OBVIOUS, BECAUSE WE'VE NEVER
HAD ONE CLOSE, LOCK THE DOORS AND STILL HAVE RESIDENTS LOCKED INSIDE, SO
--
MS. SIMON: THAT'S A GOOD THING.
MR. GOODELL: SO I DON'T THINK THAT'S GOING TO BE
AN ISSUE. BUT YOU ALSO PROVIDE THAT THE OPERATOR WILL NOT INCREASE THE
AMOUNT OF ANY RENT, FEES OR SURCHARGES IMPOSED DURING THAT TIME
PERIOD, CORRECT?
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MS. SIMON: WELL, ACTUALLY, THAT IS PARTIALLY CORRECT.
THEY CANNOT INCREASE FEES OR CHARGES UNTIL THE CLOSURE PLAN IS
APPROVED. ONCE IT'S APPROVED, IF THEY'RE JUSTIFIED THEY WOULD BE ABLE TO
SEEK SUCH AN INCREASE FROM THE DEPARTMENT OF HEALTH.
MR. GOODELL: AND IS THERE ANY TIMEFRAME ON
HOW QUICKLY THAT CLOSURE PLAN MUST BE APPROVED?
MS. SIMON: NO, NOT BY STATUTE. THE STATE
DEPARTMENT OF HEALTH WOULD REVIEW EVERYTHING, AND IT WOULD MAKE ITS
DECISION WHEN IT MAKES ITS DECISION.
MR. GOODELL: NOW, WE'VE DEBATED A SIMILAR BILL
IN THE PAST. IS THERE ANY CHANGES FROM THE PREVIOUS BILL TO THIS BILL?
MS. SIMON: NO, THIS IS THE VERY SAME VERY
EXCELLENT BILL.
(LAUGHTER)
MR. GOODELL: I SEE. AND SO MY QUESTION IS THIS:
IF A FACILITY IS -- GOES INTO BANKRUPTCY, WHICH UNFORTUNATELY HAPPENS
FROM TIME TO TIME, THIS BILL WOULD PREVENT THEM FROM RAISING ANY FEES
OR RENTS OR SURCHARGES, EVEN THOUGH THEY'RE FACING BANKRUPTCY, CORRECT?
MS. SIMON: WELL, ONCE THEY HAVE FILED FOR
BANKRUPTCY, AS I BELIEVE YOU KNOW, IT'S REALLY UNDER THE CONTROL OF THE
BANKRUPTCY COURT. ASSUMING THAT THIS WOULD BE A CHAPTER 11, AND IT
WOULD BE A PLAN WHERE THEY WORK OUT A REORGANIZATION OR A PLAN TO
CLOSE, THAT WOULD BE SOMETHING THAT WOULD BE NEGOTIATED WITH
BANKRUPTCY COUNSEL, THE TRUSTEE AND THE FACILITIES.
MR. GOODELL: WELL, BANKRUPTCY COURT HAS THE
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AUTHORITY TO OVERRIDE CONTRACTS FOR SURE. THEY DON'T HAVE THE AUTHORITY
TO OVERRIDE STATE STATUTES, DO THEY?
MS. SIMON: NO, THEY WOULDN'T OVERRIDE THIS -- THE
STATUTE.
MR. GOODELL: SO, THIS STATUTE WOULD PREVENT THE
FACILITY, THEN, FROM RAISING THE FEES AND RENTS OR OTHER CHARGES TO AVOID
BANKRUPTCY?
MS. SIMON: NO. THIS WOULD -- THIS WOULD PRECLUDE
RAISING FEES UNTIL THE DEPARTMENT OF HEALTH ISSUES AN APPROVAL OF THEIR
CLOSURE PLAN.
MR. GOODELL: OKAY. AND IF THE FACILITY IS GOING
INTO BANKRUPTCY, WHO'S PAYING THE PAYROLL?
MS. SIMON: THE FACILITY WOULD BE PAYING THE
PAYROLL, AND IT WOULD BE WORKING THIS OUT WITH BANKRUPTCY COURT. AND
I'M SURE THE DEPARTMENT OF HEALTH WOULD BE VERY PRESENT IN THOSE
CONVERSATIONS.
MR. GOODELL: AND IF THE FACILITY DOESN'T HAVE THE
MONEY TO MAKE PAYROLL AND PAY THE SUPPLIERS AND PROVIDE THE QUALITY
OF CARE THAT WE WANT, DOES THIS BILL PROVIDE ANY EMERGENCY STATE
FINANCIAL AID?
MS. SIMON: THIS DOES NOT PROVIDE PARTICULAR
FINANCIAL AID, BUT OBVIOUSLY, AN INSTITUTION COULD SEEK SUCH AID.
MR. GOODELL: AND IS SUCH AID AVAILABLE?
MS. SIMON: AT THE MOMENT I'M NOT AWARE OF ANY
PARTICULAR FUND FOR THAT PURPOSE. BUT I'M ALSO SURE THAT SOMETHING
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COULD BE RESOLVED --
MR. GOODELL: OKAY.
MS. SIMON: -- IN A VARIETY OF WAYS.
MR. GOODELL: THANK YOU VERY MUCH, MS. SIMON.
MS. SIMON: THANK YOU, MR. GOODELL.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I APPRECIATE MS. SIMON'S DESIRE TO
ENSURE THAT HEALTH CARE FACILITIES, PARTICULARLY ASSISTED LIVING FACILITIES,
CLOSE IN AN ORDERLY MANNER. I THINK ALL OF US AGREE WITH THAT OBJECTIVE.
THE PROBLEM IS THAT IN THE REAL WORLD, THESE FACILITIES FROM TIME TO TIME
GO BANKRUPT. AND WHAT HAPPENS WHEN THEY GO BANKRUPT IS THEY DON'T
HAVE ENOUGH CASH FLOW TO PAY FOR THE SUPPLIES AND THE STAFF AND THE
OTHER OPERATING EXPENSES. AND IT'S IMPOSSIBLE, OR NEARLY IMPOSSIBLE
FOR A FACILITY THAT'S GOING INTO BANKRUPTCY TO GET A BANK LOAN, BECAUSE
YOU CAN IMAGINE WALKING INTO YOUR FAVORITE BANKER AND SAYING, HEY,
CAN I BORROW SOME MONEY? I'M LOSING MONEY EVERY DAY, I HAVE NO
PROSPECT OF REPAYING IT. HOW MUCH CAN I BORROW? AND I CAN HELP ANY
OF YOU WHO HAVEN'T GONE THROUGH THAT PROCESS GET THE ANSWER REAL
QUICKLY. THE ANSWER IS NO. SO, WHILE I APPRECIATE THE DESIRE, AND IN A
PERFECT WORLD WE'D LIKE TO HAVE A NICE ORDERLY CLOSING, BUT IN AN
IMPERFECT WORLD WHERE THERE'S NOT ENOUGH CASH FLOW TO GET THE SUPPLIES
NEEDED TO ENSURE THAT THE PATIENTS ARE PROPERLY CARED FOR, THERE'S NOT
ENOUGH MONEY TO PAY FOR THE STAFFING NEEDED TO PROVIDE PROPER CARE,
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AND THERE'S NOT ENOUGH CASH FLOW TO MAINTAIN THE BUILDING TO ENSURE
HIGH QUALITY CARE. IN THOSE SITUATIONS, UNLESS THE STATE IS PROVIDING
EMERGENCY AID, WE CANNOT WAVE A MAGIC WAND. WE CAN'T WAVE THE
MAGIC WAND AND SAY, SUPPLIERS, SORRY YOU'RE NOT BEING PAID. KEEP
SUPPLYING THE MATERIALS. STAFF, SORRY YOU'RE NOT GETTING PAID. KEEP
SHOWING UP FOR WORK. IT JUST DOESN'T HAPPEN.
SO WHILE I ABSOLUTELY APPRECIATE THE DESIRE OF THE
SPONSOR TO PROVIDE FOR AN ORDERLY TRANSITION, WE CANNOT LEGISLATIVELY
MANDATE THAT A FACILITY STAY OPEN AND NOT RAISE ANY FEES NEEDED TO
COVER THOSE SHORTFALLS AND JUST CONTINUE AS THOUGH NOTHING'S HAPPENING.
IT JUST DOESN'T HAPPEN IN THE REAL WORLD.
THANK YOU VERY MUCH, MR. SPEAKER. AND AGAIN,
THANK YOU TO THE SPONSOR, CERTAINLY FOR HER -- FOR HER POSITIVE
OBJECTIVES, EVEN IF I DISAGREE WITH THE IMPLEMENTATION. THANK YOU
VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION
-- NO, EXCUSE ME.
MR. MCDONOUGH.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. SIMON, WILL YOU
YIELD?
MS. SIMON: YES.
MR. MCDONOUGH: I THINK --
ACTING SPEAKER AUBRY: MS. SIMON YIELDS.
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MR. MCDONOUGH: I THINK THAT I MAY HAVE
MISUNDERSTOOD ONE QUESTION AND ANSWER THAT MR. GOODELL ASKED YOU.
AND THAT QUESTION, I THOUGHT WHAT HE SAID IS, IS THERE SOME ADDITIONAL
FEES THAT COULD BE CHARGED DURING THE CLOSING PERIOD? AND I THINK
YOUR ANSWER WAS ONCE THE CLOSURE IS APPROVED, THEN THEY COULD DO IT.
NOW --
MS. SIMON: YES.
MR. MCDONOUGH: -- I DON'T KNOW TOO MUCH
ABOUT HOW LONG THE PLACE WOULD STAY IN BUSINESS, BUT IF THE CLOSURE IS
APPROVED, LET'S SAY EVERYBODY SAYS YES ON JANUARY 1ST, AND THEY'RE NOT
ABLE TO CLOSE UNTIL JULY OR AUGUST OR WHATEVER, YOU MEAN THEY COULD
RAISE FEES DURING THAT TIME?
MS. SIMON: YES. IF THE -- ONCE THE CLOSURE PLAN IS
APPROVED. SO, FOR EXAMPLE, LET'S SAY THEY APPLY FOR CLOSURE, THE
DEPARTMENT OF HEALTH APPROVES THEIR CLOSURE PLAN, AND THEN THEY GO
ABOUT GIVING NOTICE -- THEY HAVE TO GIVE FOUR MONTHS TO THE RESIDENTS
UNDER THIS STATUTE. PREVIOUSLY IT WAS 90 DAYS, SO IT WAS THREE MONTHS.
DURING THAT PERIOD OF TIME AND SUBSEQUENT TO THE CLOSURE PLAN, THE
FACILITY COULD HAVE -- COULD REQUEST PERMISSION TO INCREASE CERTAIN FEES.
AND AS MR. GOODELL HAS POINTED OUT, IF THERE IS, IN FACT, NO APPROPRIATE
PLACE FOR SOMEONE TO BE ABLE TO TRANSFER WITHIN THAT FOUR- MONTH PERIOD
OF TIME -- IT MIGHT TAKE FIVE MONTHS TO RELOCATE A PARTICULAR RESIDENT, OR
PERHAPS SIX --
MR. MCDONOUGH: SURE.
MS. SIMON: DURING THAT WHOLE PERIOD OF TIME THEY
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WOULD BE ABLE TO INCREASE RATES AS NEEDED.
MR. MCDONOUGH: SO, IN OTHER WORDS, THEY'RE
SAYING TO SOMEONE, OKAY, WE'RE CLOSING DOWN, AND THE DEPARTMENT OF
HEALTH JUST SAID WE CAN CLOSE DOWN. SO BUT IN THE MEANTIME, WE'RE
GOING TO CHARGE YOU AN EXTRA -- X NUMBER OF DOLLARS EACH MONTH.
MS. SIMON: YES, THAT WOULD BE PROVIDED FOR HERE.
OF COURSE, THOSE KINDS OF RATES NEED TO BE APPROVED BY THE DEPARTMENT
OF HEALTH.
MR. MCDONOUGH: "PROVIDED FOR," YOU MEAN THE
AMOUNT OF MONEY WOULD BE PROVIDED FOR?
MS. SIMON: NO, THE -- THE PROVISION THAT YOU COULD
RAISE FEES --
MR. MCDONOUGH: FROM THE RESIDENTS?
MS. SIMON: YES. OR FROM WHOEVER IS PAYING.
MR. MCDONOUGH: WELL, YOU MEAN A RELATIVE OR
SOMETHING LIKE THAT?
MS. SIMON: IT MIGHT BE THE RESIDENT, IT MIGHT BE A
FAMILY MEMBER. RIGHT.
MR. MCDONOUGH: SO THEN I UNDERSTOOD IT
CORRECTLY. WE'RE CLOSING, AND WE PROBABLY WILL CLOSE IN THE NEXT FOUR
MONTHS. BUT IN THAT FOUR MONTHS, YOU'RE GOING TO HAVE TO PAY US AN
EXTRA $50, $100, WHATEVER IT IS, RIGHT? AND THAT'S LEGAL?
MS. SIMON: WHATEVER IS APPROVED, YES.
MR. MCDONOUGH: APPROVED BY WHO?
MS. SIMON: THE STATE DEPARTMENT OF HEALTH.
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MR. MCDONOUGH: SO IN OTHER WORDS, WHEN THEY
APPROVE THE CLOSURE, WOULD THEY AT THAT POINT APPROVE THE AMOUNT THAT
COULD CHARGED IN THE INTERIM PERIOD?
MS. SIMON: UNDER THE -- THE BILL, THE FACILITY WOULD
HAVE TO THEN REQUEST THAT INCREASE AND DOCUMENT THAT THAT WAS NEEDED.
MR. MCDONOUGH: IN ADDITION TO THE CLOSURE
NOTICE?
MS. SIMON: SUBSEQUENT --
MR. MCDONOUGH: THAT'S TWO SEPARATE ITEMS THEY
HAVE TO GET APPROVAL ON.
MS. SIMON: THEY GET APPROVAL, THEY THEN MAKE AN
APPLICATION TO INCREASE THE FEES.
MR. MCDONOUGH: AND THEN THE DEPARTMENT OF
HEALTH OR THE STATE WOULD HAVE TO APPROVE THEM ASKING FOR MORE
MONEY?
MS. SIMON: I BELIEVE SO, YES.
MR. MCDONOUGH: TWO SEPARATE STEPS, THEN.
ONE, THEY APPROVE THE CLOSURE, AND TWO, THEY MAY APPROVE A REQUEST TO
RAISE THE FEES.
MS. SIMON: YES.
MR. MCDONOUGH: OKAY. THANK YOU VERY MUCH,
MS. SIMON. THANK YOU, MR. SPEAKER.
MS. SIMON: THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
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ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER. PERMISSION
TO -- TO EXPLAIN MY VOTE. THIS BILL, AS YOU MAY RECALL, IS THE OUTGROWTH
OF A REAL ESTATE DEAL THAT WAS VERY DESTRUCTIVE TO THE LIVES OF 120
SENIORS WHO WERE OVER THE AGE OF 80 IN MY DISTRICT. THIS WAS NOT A
BANKRUPT ORGANIZATION. THIS WAS BROUGHT ABOUT FOR ONE REASON ONLY:
VALUABLE REAL ESTATE. THROUGHOUT OUR STATE, THIS SITUATION IS OCCURRING
AGAIN AND AGAIN. AND THAT IT IS FAR LESS LIKELY THAT THE FACILITY ITSELF IS
ON THE VERGE OF BANKRUPTCY AND MUCH MORE LIKELY THAT IT IS VULNERABLE
TO THE VICISSITUDES OF THE REAL ESTATE MARKET, WHICH IS GOING UP EVERY
DAY. IN THE SITUATION IN MY DISTRICT, ELDERLY PEOPLE, MANY OF WHOM HAD
DEMENTIA WHO WERE -- MANY WHO WERE OVER 90, HAD DIFFICULTY FINDING
NEW FACILITIES. THEY WERE SUBJECT TO ABUSE, THEY SHUT OFF THEIR AIR
CONDITIONING, THEY FED THEM MOLDY FOOD, THEY SHUT OFF ELECTRICITY TO
COMMON AREAS, ALL IN -- IN AN EFFORT TO HARASS THEM AND DRIVE THEM OUT.
THIS SHOULD NOT BE HAPPENING TO PEOPLE WHO ARE OVER 90 YEARS OLD.
WE MUST HAVE ORDERLY PROCEDURES TO TAKE CARE OF THEM AND TO ENSURE
THAT THEIR NEXT FACILITY IS SOMETHING THAT IS APPROPRIATE FOR THEIR CARE.
THANK YOU, AND I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01610, CALENDAR NO.
121, ROZIC, ABINANTI, AUBRY, BARRETT, BARON, BICHOTTE, BLAKE, COLTON,
CRESPO, CURRAN, DINOWITZ, ENGLEBRIGHT, FAHY, GOTTFRIED, HEVESI,
HUNTER, JAFFEE, JOYNER, LUPARDO, MOSLEY, O'DONNELL, PICHARDO,
PEOPLES-STOKES, PERRY, QUART, RAIA, L. ROSENTHAL, SKOUFIS, STECK,
STIRPE, TITONE, WALKER, CASTORINA, DE LA ROSA, WEPRIN, HYNDMAN,
SIMOTAS, JEAN-PIERRE, SEAWRIGHT. AN ACT TO AMEND THE CORRECTION
LAW, IN RELATION TO THE SEGREGATED CONFINEMENT OF PREGNANT INMATES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. ROZIC. THANK YOU.
MS. ROZIC: THANK YOU, MR. SPEAKER. THIS BILL
WOUND BAN SOLITARY CONFINEMENT FOR PREGNANT WOMEN. AMENDMENTS
IN THE PAST WERE TO INCLUDE POSTPARTUM WOMEN UP TO EIGHT WEEKS, AND
MOTHERS LIVING WITH INFANTS IN PRISON NURSERY PROGRAMS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WOULD YOU YIELD,
MS. ROZIC?
MS. ROZIC: YES. OF COURSE.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MS. ROZIC.
AS I UNDERSTAND IT, THERE WAS A SETTLEMENT AGREEMENT REACHED BETWEEN
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THE DEPARTMENT OF CORRECTIONAL SERVICES AND --AND THERE WAS A COURT
CASE, AND THEY DEALT SPECIFICALLY WITH THIS ISSUE, DIDN'T THEY?
MS. ROZIC: YES, THEY DID.
MR. GOODELL: AND HOW IS THIS BILL DIFFERENT THAN
THE SETTLEMENT THAT WAS REACHED WITH DOCS?
MS. ROZIC: SO, IT BOTH CODIFIES THE SETTLEMENT
AGREEMENT THAT WAS REACHED BETWEEN THE NEW YORK CIVIL LIBERTIES
UNION AND DOCS, AND THEN EXPANDS IT TO INCLUDE POSTPARTUM WOMEN
AND WOMEN WHO ARE STILL WITH THEIR INFANTS IN THE NURSERY PROGRAMS.
MR. GOODELL: NOW, THE SETTLEMENT AGREEMENT
WITH DOCS STILL ALLOWED FOR SEGREGATED CONFINEMENT OF PREGNANT
WOMEN UNDER EXCEPTIONAL CIRCUMSTANCES, CORRECT?
MS. ROZIC: YES.
MR. GOODELL: AND THOSE EXCEPTIONAL
CIRCUMSTANCES AS -- AS SPECIFIED IN THE SETTLEMENT AGREEMENT INCLUDED
WHEN THE -- WHEN THE REMOVAL WOULD -- WOULD -- THE EXCEPTIONAL
CIRCUMSTANCES WOULD BE WHERE SEGREGATED CONFINEMENT WAS NECESSARY
FOR THE SAFETY OF THE INMATE? OR WHERE THE INMATE WAS EXCEPTIONALLY
VIOLENT OR OTHER SIMILAR TYPES OF CIRCUMSTANCES. IS THAT CORRECT?
MS. ROZIC: YES.
MR. GOODELL: NOW, THE STATUTE, THE EXISTING
STATUTE LISTS THOSE EXCEPTIONAL CIRCUMSTANCES, BUT ONLY IN THE CONTEXT OF
RESTRICTIONS ON SEGREGATED CONFINEMENT FOR MENTALLY ILL INMATES. IN
OTHER WORDS, THE CURRENT LAW SAYS IF YOU'RE MENTALLY ILL, YOU CANNOT BE
IN SEGREGATED CONFINEMENT UNLESS YOU'RE A SUBSTANTIAL RISK OF DANGER TO
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NYS ASSEMBLY JUNE 18, 2018
YOURSELF OR TO OTHERS, VERY VIOLENT OR SOMETHING OF THAT NATURE. IS THAT
YOUR UNDERSTANDING AS WELL?
MS. ROZIC: MY UNDERSTANDING IS THAT THEY OVERUSE
IT, AND IT'S MY INTENTION IN THIS BILL THAT YOU WOULD CONFINE A WOMAN TO
HER OWN CELL AND NOT RELY HEAVILY OR AT ALL ON SEG -- ON MANDATORY SEG
AND SOLITARY CONFINEMENT.
MR. GOODELL: LOOKING AT YOUR BILL, HOWEVER --
I'M LOOKING ON PAGE ONE, LINES 12 THROUGH 14 -- IT'S VERY SIMPLE AND
VERY STRAIGHTFORWARD. IT'S AN ABSOLUTE PROHIBITION AGAINST ANY
SEGREGATED CONFINEMENT AND HAS NO EXCEPTION. IS THAT CORRECT?
MS. ROZIC: CORRECT. AS I JUST MENTIONED, THE INTENT
IS FOR DOCS TO CONFINE A PERSON -- A WOMAN TO HER OWN CELL AND NOT TO
RELY ON SOLITARY CONFINEMENT. BECAUSE YOU HAVE TO KEEP IN MIND THAT
WHEN YOU'RE USING SOLITARY CONFINEMENT, NUTRITION IS CURTAILED, EXERCISE
IS CURTAILED, AND OBVIOUSLY, WE DON'T WANT TO DO ANYTHING THAT WOULD
IMPACT A PREGNANT WOMAN OR A WOMAN WHO HAD JUST HAD A CHILD.
MR. GOODELL: THANK YOU VERY MUCH, MS. ROZIC.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: CURRENTLY, THERE'S A SETTLEMENT
AGREEMENT IN PLACE WITH DOCS DEALING SPECIFICALLY WITH SEGREGATED
CONFINEMENT FOR PREGNANT INMATES, AND IT BANS SEGREGATED INMATE
CONFINEMENT, WITH SOME VERY IMPORTANT EXCEPTIONS. AND THOSE
EXCEPTIONS UNDER THE SETTLEMENT AGREEMENT ARE SITUATIONS WHERE THE
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NYS ASSEMBLY JUNE 18, 2018
PREGNANT WOMAN IS A -- HAS A SUBSTANTIAL SAFETY RISK TO THE WOMAN
HERSELF. OR WHERE SHE'S BEEN EXCEPTIONALLY VIOLENT TOWARD OTHER
INMATES OR TOWARD CORRECTIONAL OFFICERS OR WHERE SHE MAY BE ENGAGED
IN ACTIVITY THAT IS EXTRAORDINARILY DANGEROUS TO HER UNBORN CHILD, LIKE
UTILIZING CONTRABAND DRUGS. THAT'S VERY DANGEROUS IN A PRENATAL
SETTING. OR ENGAGED IN VIOLENT PHYSICAL ATTACKS WITH OTHER INMATES.
THAT IS ALSO VERY DANGEROUS TO THE UNBORN INMATE. SO, THE CURRENT
SETTLEMENT ACCOMPLISHES WHAT WE WANT, WHICH IS TO ELIMIN -- LIMIT
SEGREGATED CONFINEMENT, WHILE RECOGNIZING THAT SEGREGATED
CONFINEMENT MAY BE AN IMPORTANT DISCIPLINARY TOOL TO PROTECT THE
HEALTH AND SAFETY OF THE INMATE AND THE UNBORN CHILD. THIS BILL ALLOWS
FOR NO EXCEPTIONS WHATSOEVER, AND THEREFORE, POSES AN INCREASED RISK TO
THE INMATE WHO MAY BE ENGAGED IN VERY DANGEROUS ACTIVITY, DANGEROUS
TO THE UNBORN CHILD AND HERSELF, AND IT INCREASES THE RISK TO OUR
CORRECTIONAL OFFICERS WHO PUT THEIR LIVES ON THE LINE EVERY DAY TO ENSURE
LAW AND ORDER AND SOME LEVEL OF DISCIPLINE THAT'S APPROPRIATE IN THESE
PRISONS.
FOR THOSE REASONS, I WILL BE VOTING NO, RECOGNIZING
THAT THE SETTLEMENT AGREEMENT STRIKES THE RIGHT BALANCE BETWEEN
REDUCING SEGREGATED CONFINEMENT FOR PREGNANT INMATES, WHILE STILL
RECOGNIZING IMPORTANT EXCEPTIONS. THANK YOU VERY MUCH, MR.
SPEAKER. AND THANK YOU, MS. ROZIC.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JUNE 18, 2018
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MS. SOLAGES TO
EXPLAIN HER VOTE.
MS. SOLAGES: YOU KNOW, PRENATAL THROUGH BIRTH IS
SUCH A CRITICAL TIME IN DEVELOPMENT OF OUR LITTLEST NEW YORKERS. AND
WE, AS SOCIETY AND A STATE, MUST DO WHATEVER IS POSSIBLE TO SUPPORT
PREGNANT WOMEN. SOLITARY CONFINEMENT IS NOT ACCEPTABLE
ACCOMMODATIONS. WE SHOULD BE PROVIDING PREGNANT WOMEN WITH
SOCIAL AND EMOTIONAL SERVICES SO WE CAN MAKE SURE THAT THESE BABIES
GROW INTO GOOD NEW YORKERS.
SO, I THANK THE SPONSOR OF THE BILL FOR PUTTING FORTH
THIS LEGISLATION AND HAVING AN OPEN MIND AND SERVICING AND HELPING THE
PREGNANT WOMEN OF NEW YORK STATE AND OUR LITTLE INFANTS AND TODDLERS
AS WELL. THANK YOU.
ACTING SPEAKER AUBRY: MS. SOLAGES IN THE
AFFIRMATIVE.
MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I, TOO,
WOULD LIKE TO BE EXCUSED FROM VOTING TO EXPLAIN MY VOTE. I WANT TO
THANK THE SPONSOR OF THIS LEGISLATION AND -- AND SO MANY OTHER PIECES OF
LEGISLATION IN THE CORRECTION SYSTEM PROTECTING WOMEN. BUT WOMEN,
PREGNANT WOMEN, OF COURSE, ARE VERY VULNERABLE AND -- AND SUSCEPTIBLE
TO OTHER ISSUES. AND THE FACT THAT THERE IS A SETTLEMENT DOES NOT
NECESSARILY CODIFY A DECISION AND TO PUT IT INTO STATUTE JUST LIKE WE --
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NYS ASSEMBLY JUNE 18, 2018
WHEN WE PASSED THE -- THE WHOLE SOLITARY CONFINEMENT BILL THAT YOU'RE
FAMILIAR WITH. THE ARGUMENT AGAINST IT WAS ALSO BROUGHT UP THAT THERE
WAS A -- A SETTLEMENT. THAT -- THAT SHOULD NOT INHIBIT US CODIFYING IT.
BUT AGAIN, I WANT TO THANK THE SPONSOR FOR BRINGING THIS LEGISLATION. IT
PASSED OVERWHELMINGLY OUT OF MY COMMITTEE, THE CORRECTIONS
COMMITTEE. AND I WANT TO THANK HER LEADERSHIP ON THIS ISSUE, AS WELL
AS SO MANY OTHER ISSUES PROTECTING WOMEN IN THE CORRECTIONAL SYSTEM.
I PROUDLY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
MR. BARRON TO EXPLAIN HIS VOTE.
MR. BARRON: THANK YOU, MR. SPEAKER. YOU
KNOW, I AM A GREAT PROMOTER OF DEMOCRACY, BUT IF THERE WAS EVER A BILL
THAT I WOULD BAN DEBATING ON, IT WOULD BE THIS ONE. THIS IS RIDICULOUS.
AND I THINK AT SOME POINT WE GOT TO CALL IT FOR WHAT IT IS. THIS IS SO
OBVIOUS THAT YOU WOULD LIKE TO SEE -- ANYWAY, MR. SPEAKER, I'M GETTING
CARRIED AWAY, SO I'LL JUST BRING MYSELF BACK IN. I JUST DON'T GET IT. YOU
KNOW, SOMETIMES WE GOT TO NOT TRY TO INTELLECTUALIZE OR NITPICK AT STUFF
WHEN YOU SEE THE BIGGER ISSUE IS WHETHER OR NOT A PREGNANT WOMAN
SHOULD BE IN SOLITARY CONFINEMENT. I MEAN, COME ON. AT SOME POINT
WE GOT TO -- I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
ARE THERE -- ARE THERE ANY OTHER VOTES? ANNOUNCE THE
RESULTS.
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NYS ASSEMBLY JUNE 18, 2018
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02022, CALENDAR NO.
151, BRONSON, STECK, MOSLEY, COLTON, LUPARDO. AN ACT TO AMEND THE
STATE FINANCE LAW, IN RELATION TO THE COST-EFFECTIVENESS OF CONSULTANT
CONTRACTS BY STATE AGENCIES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. BRONSON.
MR. BRONSON: YES, MR. SPEAKER. THIS BILL IS IN
RESPONSE TO THE NUMEROUS NUMBERS OF NEW YORKERS ACROSS THE STATE
CALLING UPON THE LEGISLATURE AND THE EXECUTIVE BRANCH TO FIND COST
EFFICIENCIES IN OUR GOVERNMENT OPERATIONS. THE BILL WOULD ENACT A
REQUIREMENT THAT STATE AGENCIES, IF THEY ARE ANTICIPATING LETTING OUT A
CONTRACT FOR CONSULTING WORK, AND THAT CONTRACT IS OVER $750,000
SPANNING THE PERIOD OF 12 MONTHS, THEN THERE WOULD BE A REQUIREMENT
THAT THE STATE AGENCY DO A COST BENEFIT ANALYSIS. THE COST BENEFIT
ANALYSIS WOULD CONSIDER CERTAIN FACTORS WHICH ARE SET FORTH IN THE BILL.
BUT IN ESSENCE, IT WOULD ASK THIS QUESTION: WOULD IT BE MORE COST-
EFFECTIVE AND SAVE TAXPAYER DOLLARS IF WE WERE TO HAVE THIS WORK
PERFORMED BY STATE WORKERS VERSUS PRIVATE CONTRACTING FIRMS OUTSIDE OF
STATE GOVERNMENT? AND IF IT IS DETERMINED THAT THERE WOULD BE SAVINGS
OF 10 PERCENT OR MORE, THEN THERE WOULD BE A BUSINESS PLAN SET FORTH TO
SAVE THOSE TAXPAYER DOLLARS AND HAVE THE CONTRACT PERFORMED IN A MORE
COST-EFFECTIVE WAY.
ACTING SPEAKER AUBRY: MR. GOODELL.
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NYS ASSEMBLY JUNE 18, 2018
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
BRONSON?
MR. BRONSON: YES, I WILL, MR. SPEAKER.
MR. GOODELL: THANK YOU VERY MUCH, MR.
BRONSON. I NOTE THAT THE GOVERNOR HAS VETOED THIS LEGISLATION IN THE
PAST. WHY DID HE VETO IT IN THE PAST?
MR. BRONSON: THE GOVERNOR VETOED A VERSION OF
THIS LEGISLATION. THIS IS NOT -- THIS CURRENT VERSION HAS NOT GONE TO THE
GOVERNOR TO VETO OR TO PASS.
MR. GOODELL: AND WHAT WERE THE CHANGES
BETWEEN THE PRIOR LEGISLATION AND THIS LEGISLATION?
MR. BRONSON: WE HAVE CHANGED THE THRESHOLD TO
$750,000, AND WE HAVE ALSO CHANGED THE PARAMETERS OF WHICH THE, AS
WHAT'S CALLED IN THE BILL, THE BUSINESS PLAN WOULD SET FORTH ONCE THERE'S
A DETERMINATION THAT THERE WOULD BE COST EFFICIENCIES.
MR. GOODELL: IS IT YOUR PREMISE THAT STATE
AGENCIES ARE NOT CONDUCTING COST BENEFIT ANALYSES NOW?
MR. BRONSON: IT'S MY PREMISE THAT BASED ON
RESEARCH AND ANALYSIS THAT HAS BEEN DONE BY COMPTROLLERS OF NEW YORK
STATE, BOTH REPUBLICAN COMPTROLLERS AND DEMOCRATIC COMPTROLLERS,
THAT HAS BEEN DONE KPMG, THAT HAS BEEN DONE BY A NUMBER OF OTHER
AGENCIES THAT HAVE DETERMINED THAT IF WE WERE TO DO THIS ANALYSIS AND
WE COULD SAVE HUNDREDS OF MILLIONS OF DOLLARS A YEAR, IF WE WERE TO USE
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IN-HOUSE WORKERS VERSUS CONSULTING CONTRACTORS.
MR. GOODELL: I GUESS THAT DIDN'T REALLY -- MAYBE I
DIDN'T UNDERSTAND. MY QUESTION IS, IS IT YOUR POSITION, THEN, THAT STATE
AGENCIES ARE NOT CURRENTLY DOING THAT TYPE OF COST BENEFIT ANALYSIS?
MR. BRONSON: MY POSITION IS THAT STATE AGENCIES
OUGHT TO BE REQUIRED AND SHOULD DO THAT ANALYSIS IN ORDER TO SAVE
TAXPAYER DOLLARS.
MR. GOODELL: AND THAT THEY'RE NOT DOING IT NOW?
MR. BRONSON: AND THAT THEY SHOULD BE DOING IT.
WHETHER -- THEY MAY BE DOING IT IN SOME INSTANCES. I DON'T FOLLOW
EVERY SINGLE CONTRACT, BUT WHAT I CAN TELL YOU IS THAT WE SPEND BILLIONS,
BILLIONS OF DOLLARS ON OUTSIDE CONSULTING WORK, AND WE OUGHT TO BE
DOING THIS ANALYSIS BECAUSE WE HAVE STUDIES AND ANALYSIS DONE BY
VARIOUS INDIVIDUALS IN - IN VARIOUS CAPACITIES, AS WELL AS EXPERTS THAT
SAY THAT YOU CAN HAVE SAVINGS BY HAVING IT DONE IN-HOUSE.
MR. GOODELL: NOW, A NUMBER OF ENTITIES,
INCLUDING THE BUSINESS COUNCIL, FOR EXAMPLE, AND OTHERS -- THE
AMERICAN COUNCIL OF ENGINEERING COMPANIES, FOR EXAMPLE -- HAVE
RAISED A QUESTION THAT THIS TYPE OF ANALYSIS WOULD HAVE THE EFFECT OF
SLOWING DOWN STATE CONTRACTS, AND THE COST OF THE ANALYSIS ITSELF WOULD
INCREASE THE COST OF THE OVERALL PROJECT. WHAT IS YOUR THOUGHTS ON
THOSE CONCERNS?
MR. BRONSON: WELL, YOU KNOW, CERTAINLY, THOSE
ARE PEOPLE WHO HAVE A -- A PARTICULAR MONETARY INTEREST IN WHETHER OR
NOT THIS BILL GETS PASSED INTO LAW IS MY FIRST PERSPECTIVE ON THAT. MY
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NYS ASSEMBLY JUNE 18, 2018
SECOND PERSPECTIVE IS CERTAINLY, I WOULD THINK THAT THE STATE AGENCY
WOULD WANT TO TAKE INTO CONSIDERATION THAT COST OF THAT ANALYSIS AS WELL.
MR. GOODELL: NOW, UNDER CURRENT LAW, UNDER THE
STATE FINANCE LAW AND UNDER CURRENT LAW, WE -- THE STATE IS ALREADY
REQUIRED TO DO A BEST VALUE DETERMINATION.
MR. BRONSON: MM HMM.
MR. GOODELL: HOW DOES THIS DIFFER THAN THE
EXISTING LAW THAT REQUIRES A BEST VALUE DETERMINATION?
MR. BRONSON: THE BEST VALUE DETERMINATION IS
WHERE THE STATE HAS ALREADY MADE A DECISION THAT THEY ARE GOING TO
ENTER INTO A CONTRACT FOR VARIOUS SERVICES AND/OR GOODS. THIS PARTICULAR
SCENARIO IS WE'RE ASKING THEM TO ACTUALLY DO AN ANALYSIS ON WHETHER OR
NOT TO HAVE A CONTRACT LET OUT OR DO THE WORK IN-HOUSE. SO, THERE'S
SOME OVERLAP, OF COURSE, WITH BEST VALUE, BUT THIS IS NOT THE SAME AS
THE BEST VALUE UNDER THE STATE FINANCE LAW.
MR. GOODELL: THANK YOU VERY MUCH FOR THOSE
CLARIFICATIONS, MR. BRONSON.
MR. BRONSON: THANK YOU.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER, AND THANKS TO MY COLLEAGUE FOR THAT EXPLANATION. OBVIOUSLY,
EVERYONE IN THIS CHAMBER WANTS TO ENSURE THAT STATE GOVERNMENT IS
RUNNING AS EFFICIENTLY AS POSSIBLE. IF IT TURNS OUT THAT AFTER EIGHT YEARS
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OF GOVERNOR CUOMO THEY'RE NOT DOING A COST BENEFIT ANALYSIS, I'D BE
VERY DISAPPOINTED. THE INFORMATION THAT I'VE RECEIVED FROM THOSE WHO
WORK WITH THE STATE SUGGEST THAT THERE IS A BASIC COST BENEFIT ANALYSIS,
THAT THE AGENCIES ARE, INDEED, EVALUATING IT. BUT --
ACTING SPEAKER AUBRY: ONE MINUTE, MR.
GOODELL. I THINK WE NEED TO ALLOW MIRTH TO LEAVE THE ROOM. IT
SHOULDN'T BE HARD ON A NIGHT LIKE TONIGHT, BUT WE'LL TRY.
MR. GOODELL: YOU WOULDN'T -- YOU WOULDN'T THINK
WE'D HAVE A PROBLEM WITH MIRTH. BUT IN ANY EVENT, THIS PROCESS WOULD
UNDOUBTEDLY INCREASE THE COST OF DOING GOVERNMENT, AND SLOW THE
PROCESS DOWN. AND THAT'S A PARTICULAR CONCERN IN THOSE AREAS WHERE WE
NEED FAST, EFFECTIVE, TIMELY AND EFFICIENT DECISION-MAKING.
THANK YOU VERY MUCH, MR. SPEAKER. AND AGAIN,
THANK YOU TO MY COLLEAGUE, MR. BRONSON.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
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. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER. BRIEFLY, I
WANT TO COMMEND THE SPONSOR ON THIS. SEVERAL YEARS AGO, THE MTA
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EMBARKED UPON A PROCESS WHEREBY THEY LOST A LOT OF THEIR IN-HOUSE
CAPABILITY FOR CERTAIN KINDS OF WORK ON TRACKS, AND THEY CONTRACTED OUT.
AND FOR ABOUT SIX TO EIGHT MONTHS, THE IRT ON THE EAST SIDE IN LOWER
MANHATTAN HAD TO RUN VERY SLOWLY SO AS NOT TO COLLAPSE THE STREET AT
CANAL AND CENTER BECAUSE THE CONTRACTOR, WHO WAS NOT USED TO
WORKING UNDERGROUND, HAD MADE SOME SERIOUS ERRORS. SO I THINK THAT
IN-HOUSE COMPETENCY IS INCREDIBLY IMPORTANT. IT HOLDS DOWN COSTS, AND
IS A BENEFIT TO THE -- TO THE TAXPAYER BECAUSE WE'RE NOT PAYING FOR THE
PROFIT MOTIVE THAT IS NECESSITATED IN PRIVATE INDUSTRY.
I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. BRONSON TO EXPLAIN HIS VOTE.
MR. BRONSON: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. I FIND IT INTERESTING THAT THOSE WHO ARE INTERESTED IN
MAKING A MONETARY PROFIT IF WE LET OUT CONTRACTS ARE MAKING THE
ARGUMENT THAT AGENCIES ARE ALREADY DOING THIS. THAT THERE'S GOING TO BE
AN ADDITIONAL COST IF AGENCIES DO THE ANALYSIS, AND IT'S GOING TO SLOW
DOWN THE PROCESS. WELL, YOU CAN'T HAVE IT BOTH WAYS. IF AGENCIES ARE
ALREADY DOING THIS, THEN THEY'RE ALREADY EXPENDING THE COST. AND IF
THERE'S A SLOWDOWN IN THE PROCESS, IT'S ALREADY BEING SLOWED DOWN. I
DON'T BELIEVE THAT'S THE CASE. I BELIEVE THAT AGENCIES ARE NOT ALL THE TIME
DOING THIS, AND THAT WE, AS GOOD STEWARDS OVER TAXPAYER DOLLARS, OUGHT
TO REQUIRE AGENCIES TO DO THIS ANALYSIS SO THAT WE CAN HAVE COST
EFFICIENCIES EACH AND EVERY TIME WE'RE LETTING OUT A CONTRACT OR WE'RE
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KEEPING A CONTRACT IN-HOUSE.
FOR THOSE REASONS, I THINK THAT WE OUGHT TO VOTE IN
FAVOR OF THE TAXPAYER AND VOTE IN FAVOR OF THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MR. BRONSON 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. THE NEXT
TWO BILLS THAT I WOULD LIKE TO TAKE UP ARE ON THE B-CALENDAR, WHICH WE
HAVE ALREADY ADVANCED. AND I WOULD LIKE TO GO DIRECTLY TO, FIRST, RULES
REPORT NO. 276 BY MS. GLICK, WHICH IS ON PAGE 5 OF THAT B-CALENDAR,
AND I WOULD LIKE TO FOLLOW THAT WITH RULES REPORT NO. 287 BY MRS.
PEOPLES-STOKES. THAT'S ON PAGE 7 OF THE B-CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07798-C, RULES
REPORT NO. 276, GLICK, VANEL, ORTIZ, DENDEKKER, CYMBROWITZ, QUART,
BARRON, WILLIAMS, HEVESI, SIMON, THIELE, L. ROSENTHAL, COOK,
GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE, DE LA ROSA, DINOWITZ,
DICKENS, SEAWRIGHT, JAFFEE, MOSLEY, AUBRY, BICHOTTE, KIM, RIVERA,
SIMOTAS, PICHARDO, ROZIC, BENEDETTO, TITUS, PAULIN, TAYLOR, ARROYO,
ESPINAL, DIPIETRO, ABINANTI, STECK, JONES. AN ACT TO AMEND THE
VEHICLE AND TRAFFIC LAW, IN RELATION TO PHOTO SPEED VIOLATION
MONITORING SYSTEMS IN SCHOOL SPEED ZONES IN THE CITY OF NEW YORK; TO
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AMEND CHAPTER 43 OF THE LAWS OF 2014, AMENDING THE VEHICLE AND
TRAFFIC LAW, THE PUBLIC OFFICERS LAW AND THE GENERAL MUNICIPAL LAW
RELATING TO PHOTO SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED
ZONES IN THE CITY OF NEW YORK, IN RELATION TO MAKING TECHNICAL
CORRECTIONS THERETO; AND TO AMEND CHAPTER 189 OF THE LAWS OF 2013,
AMENDING THE VEHICLE AND TRAFFIC LAW AND THE PUBLIC OFFICERS LAW
RELATING TO ESTABLISHING IN A CITY WITH A POPULATION OF ONE MILLION OR
MORE A DEMONSTRATION PROGRAM IMPLEMENTING SPEED VIOLATION
MONITORING SYSTEMS IN SCHOOL SPEED ZONES BY MEANS OF PHOTO DEVICES,
IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK.
MS. GLICK, AN EXPLANATION HAS BEEN REQUESTED.
MS. GLICK: CERTAINLY, MR. SPEAKER. THE BILL WOULD
EXTEND AN EXISTING DEMONSTRATION PROGRAM FOR AN ADDITIONAL FOUR YEARS.
THIS WOULD -- SPEED CAMERAS ARE LIMITED TO SPECIFIED SCHOOLS ZONES,
AND THE -- THIS WOULD ADD FROM THE CURRENT 140 AN ADDITIONAL 50
CAMERAS PER YEAR FOR THREE YEARS. IT REQUIRES THE CITY TO PRIORITIZE THE
PLACEMENT OF THESE CAMERAS IN SCHOOL ZONES BASED ON DATA FROM
SPEEDING TICKETS AND CRASH HISTORY THAT HAS BEEN OBTAINED BOTH FROM
DMV AND THE NYPD. IT WOULD ALSO PROHIBIT THE INSTALLATION OF A SPEED
CAMERA WITHIN 300 FEET ALONG A HIGHWAY THAT CONTINUES OFF THE END OF
AN EXIT RAMP, AND THAT ACCESS OR EXIT RAMP FROM A CONTROLLED HIGHWAY.
IT WOULD REQUIRE THE CITY TO INSTALL WARNING SIGNS THAT A SPEED CAMERA
AHEAD IS 300 FEET AWAY FROM WHERE THE CAMERAS ARE SO THAT PEOPLE
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HAVE AN OPPORTUNITY TO REACT TO THAT. IT WOULD MODIFY THE ZONE TO
ALLOW FOR A RADIUS AROUND THE SCHOOLS, OPPOSED TO A NUMBER OF FEET
FROM THE FRONT OF THE SCHOOL BUILDING BUT RATHER, A RADIUS OF A
QUARTER-MILE. AND AS HAS BEEN THE CASE IN THE PAST, IT CONTINUES TO
REQUIRE AN ANNUAL REPORT WITH A LONG LIST OF FACTORS THAT MUST BE
CONTAINED WITHIN THAT REPORT, AND IT EXTENDS THE SUNSET TO JULY 1, 2022.
AND IT SAVES LIVES; THE LIVES OF CHILDREN, THE LIVES OF CAREGIVERS, STAFF,
PARENTS. THAT'S WHAT THE BILL DOES.
ACTING SPEAKER AUBRY: MR. CASTORINA.
MR. CASTORINA: WILL THE SPONSOR YIELD FOR A FEW
QUESTIONS?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
GLICK?
MS. GLICK: BUT OF COURSE.
ACTING SPEAKER AUBRY: MS. GLICK WILL YIELD.
MR. CASTORINA: GOOD EVENING, MS. GLICK. I'D
LIKE TO START OFF WITH A QUESTION TO YOU ABOUT THE CONFRONTATION CLAUSE
OF THE CONSTITUTION. I KNOW YOU AND I'VE HAD THIS CONVERSATION IN -- IN
THE PAST. DO YOU BELIEVE THAT THIS BILL DOES NOT VIOLATE THE CONFRON --
THE CONFRONTATION CLAUSE? IS THAT YOUR POSITION?
MS. GLICK: IT HAS BEEN MY POSITION AND THE
POSITION OF THE MAJORITY THAT THE BILL IN NO WAY VIOLATES THE
CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF NEW
YORK.
MR. CASTORINA: OKAY. BUT SPECIFICALLY IN THAT
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CONSTITUTION THERE'S SOMETHING CALLED "THE CONFRONTATION CLAUSE." AND
THE CONFRONTATION CLAUSE ALLOWS AN INDIVIDUAL TO HAVE THE OPPORTUNITY
TO CONFRONT THEIR ACCUSER NOT JUST IN THE COURTROOM, BUT ALSO AT THE TIME
OF THE ALLEGED INFRACTION OR OCCURRENCE. DOES THE INDIVIDUAL RECEIVING
THE SUMMONS HAVE THE OPPORTUNITY AT THE TIME OF THE INFRACTION TO
CONFRONT THEIR ACCUSER UNDER THIS BILL?
MS. GLICK: IT IS QUITE SIMILAR TO RECEIVING A TICKET
AT A PARKING METER OR AT AN ALTERNATE SIDE PARKING VIOLATION. IF YOU ARE
NOT IN YOUR CAR, THE CAR IS PARKED IN A NO PARKING ZONE AND AN
APPROPRIATE AUTHORITY PUTS A TICKET ON THE CAR. YOU ARE NOT THERE TO
CONFRONT THE INDIVIDUAL. NOBODY HAS YET PROVEN THE
UNCONSTITUTIONALITY OF PARKING VIOLATIONS. I LOOK FORWARD TO YOUR
OPPORTUNITY TO TAKE THAT TO THE SUPREME COURT IF YOU CARE TO, BUT THAT --
I BELIEVE THIS IS SIMILAR. IT IS SIMILAR TO SPEED CAM -- TO RED LIGHT
CAMERAS WHICH HAVE SUSTAINED THE CONSTITUTIONALITY OF THIS MECHANISM
FOR ENFORCING OUR TRAFFIC LAWS.
MR. CASTORINA: NOW, MS. GLICK, YOU MADE THE
ANALOGY BETWEEN SOMEBODY RECEIVING A PARKING TICKET. BUT DO WE
HAVE SOME AUTOMATED SYSTEM WHEREBY A CAMERA CAPTURES A PHOTOGRAPH
OF A CAR PARKED IN A PARKING SPOT WHERE THE METER HAS EXPIRED AND THEN
INSTANTANEOUSLY THEY RECEIVE A SUMMONS? DO WE HAVE A SYSTEM LIKE
THAT, OR DO WE HAVE A SYSTEM WHERE AN INDIVIDUAL --
MS. GLICK: WILL THE GENTLEMAN YIELD TO A QUESTION?
ACTING SPEAKER AUBRY: MS. GLICK ASKED YOU
TO YIELD.
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MR. CASTORINA: CERTAINLY.
ACTING SPEAKER AUBRY: MR. CASTORINA SAYS
YES.
MR. CASTORINA: SURE.
MS. GLICK: ARE THESE SERIOUS QUESTIONS?
MR. CASTORINA: THEY'RE VERY SERIOUS QUESTIONS.
AND ACTUALLY, THEY'RE VERY SERIOUS QUESTIONS, AND IF YOU WOULD LISTEN TO
THEM AND GIVE THEM A LITTLE BIT OF YOUR ATTENTION, YOU MIGHT ACTUALLY
LEARN SOMETHING. SO I'M GOING TO ASK -- I'M GOING TO ASK AGAIN. DO WE
HAVE A SYSTEM BY WHICH WE HAVE CAMERAS THAT AUTOMATICALLY GIVE A
SUMMONS TO AN INDIVIDUAL WHEN THEIR VEHICLE IS IN A PARKING SPOT PAST
THE TIME ALLOTTED FOR A PARKING METER? DO WE HAVE A SYSTEM LIKE THAT?
BECAUSE I DON'T BELIEVE WE DO, AND YOU JUST MADE THAT ANALOGY, SO I
DON'T SEE THE PARALLEL.
MS. GLICK: WELL, AN ANALOGY IS NOT ALWAYS PRECISE,
BUT IT IS SORT OF LIKE A METAPHOR, WHICH IS NOT ALWAYS PRECISE, BUT
IMPLIES THE SAME THING. SO WHAT I WAS SAYING TO YOU WAS THAT IN THE --
THE ARGUMENT I BELIEVE YOU WERE MAKING WAS THAT INDIVIDUALS WHO
RECEIVE A VIOLATION EITHER FROM A SPEED CAMERA OR A RED LIGHT CAMERA,
WHICH IS ALSO A SYSTEM WHICH EXISTS IN THE CITY OF NEW YORK IN WHICH
I DO NOT BELIEVE HAS BEEN CHALLENGED SUCCESSFULLY ON CONSTITUTIONAL
GROUNDS, THAT THE ANALYSIS -- THE ANALOGY WAS TO THE FACT THAT THERE ISN'T
AN IMMEDIATE OPPORTUNITY, NECESSARILY, FOR SOMEONE WHO HAS RECEIVED
A PARKING TICKET TO CONFRONT THE PERSON WHO HAS GIVEN THE PARKING
TICKET, IN THE SAME WAY THAT WITH A SPEED CAMERA OR A RED LIGHT CAMERA,
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NYS ASSEMBLY JUNE 18, 2018
THERE ISN'T AN IMMEDIATE OPPORTUNITY TO -- TO CONTEST IT AT THE TIME. IT
WAS AN ANALOGY, NOT NECESSARILY INTENDED TO PROVIDE AN EXACT --
MR. CASTORINA: I UNDERSTAND, AND I THINK YOU'VE
MADE MY POINT. MY POINT IS THAT THERE WOULD BE AN INDIVIDUAL, A
PERSON, WHO WOULD WRITE OUT THE SUMMONS TO THE INDIVIDUAL WHO
RECEIVED THE PARKING TICKET. NOW, IF AT THE -- IF THEY WERE NOT PRESENT
AT THE TIME THAT THE SUMMONS WAS ISSUED, NATURALLY, THEY WOULDN'T BE
ABLE TO CONFRONT THEIR ACCUSER. BUT THEY WOULD THEN HAVE AN
OPPORTUNITY IN A TRIBUNAL OR IN A COURT TO CONFRONT THEIR -- PHYSICALLY --
THEIR -- THEIR ACCUSER AS TO THE SUMMONS, IN PERSON, WITH THAT INDIVIDUAL
IN A COURTROOM. IN THE CASE WHERE YOU HAVE SPEED CAMERAS, YOU DON'T
HAVE A PERSON DOING THE -- THE ACCUSING. WHAT YOU HAVE IS MACHINERY.
ISN'T THAT TRUE, AND ISN'T THAT THE DISTINCTION?
MS. GLICK: WELL, REGRETTABLY, I HAVE RECEIVED A
PARKING TICKET ON ONE OR TWO OCCASIONS IN THE DISTANT PAST, AND WHEN I
WENT TO CONTEST IT, I DIDN'T MEET ANYBODY WHO HAD WRITTEN THE TICKET. I
WAS THERE WITH WHAT I BELIEVE WAS MAYBE AN ADMINISTRATIVE LAW JUDGE
WHO ASKED IF THERE WAS ANY EVIDENCE THAT I COULD PRESENT THAT I
ACTUALLY -- THAT HAD A REASON FOR EITHER BEING ACQUITTED OF THE FULL VALUE
OF THE TICKET, OR BY MERELY SHOWING UP OUT OF THE KINDNESS OF THEIR
HEART, THEY REDUCED THE COST OF THE TICKET. I DON'T BELIEVE THAT PEOPLE
ACTUALLY GETTING A PARKING TICKET IN NEW YORK CITY ACTUALLY HAVE THE
OPPORTUNITY TO APPEAR AND CONFRONT -- YOUR LANGUAGE, NOT MINE -- THE
PERSON WHO WROTE THE TICKET.
MR. CASTORINA: SO IF SOMEBODY SPEEDS IN NEW
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YORK CITY AND THEY RECEIVE A SPEEDING TICKET PHYSICALLY FROM AN
OFFICER, WOULD THEY HAVE AN OPPORTUNITY TO CONFRONT THAT OFFICER AT THE
COURTROOM?
MS. GLICK: I'M SORRY?
MR. CASTORINA: IF AN OFFICER PROVIDES A TICKET TO
SOMEBODY WHO THEY BELIEVE IS SPEEDING AND THEY PHYSICALLY GIVE THEM
THE SUMMONS, DO THEY HAVE THE OPPORTUNITY TO CONFRONT THAT OFFICER IN
THE COURTROOM?
MS. GLICK: NEVER HAVING HAD A SPEEDING TICKET, I
CAN'T ANSWER THAT DIRECTLY. I, FROM PERSONAL EXPERIENCE -- I HAVE -- IT
HAS BEEN MY UNDERSTANDING FROM OTHER PEOPLE THAT FREQUENTLY, THE
PARTY DOES NOT SHOW UP AND THE JUDGE MAKES A DECISION.
MR. CASTORINA: WHAT IF I WERE TO TELL YOU THAT
THE POLICE OFFICER IS MANDATED TO BE PRESENT IN THE COURTROOM, AND THAT
THE INDIVIDUAL WHO IS ACCUSED DOES HAVE THE OPPORTUNITY AT THAT TIME TO
CONFRONT NOT ONLY THE POLICE OFFICER, BUT THE DEVICE THAT IS UTILIZED TO
DETERMINE WHAT THE SPEED WAS THAT THE POLICE OFFICER DETERMINED IT WAS
BASED UPON THAT MACHINERY FOR THE PURPOSES OF THE ISSUANCE OF THE
SUMMONS?
MS. GLICK: I'LL ACCEPT THAT.
MR. CASTORINA: OKAY. WELL THEN WE CAN MOVE
ON TO THE NEXT POINT. THANK YOU. SPEED CAMERAS ARE ALSO DEEMED,
GENERALLY, AS A MASS -- A FORM OF MASS SURVEILLANCE OVER ORDINARY
DRIVERS, OKAY? BECAUSE THEY'RE CONSTANTLY -- THEY'RE CONSTANTLY
WORKING. ISN'T THAT CORRECT? THE CAMERAS ARE CONSTANTLY WORKING
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DURING THE TIME THAT SCHOOL IS -- IS ONGOING. IS THAT CORRECT?
MS. GLICK: I WOULD ASSUME SO.
MR. CASTORINA: OKAY. NOW ISN'T IT TRUE THAT THE
GOVERNMENT IS FORBIDDEN FROM ENGAGING IN SWEEPING SURVEILLANCE
SYSTEMS WITHOUT WARRANTS? JUST TO LOOK --
MS. GLICK: I DON'T BELIEVE THAT IS IT IS --
MR. CASTORINA: CAN I -- LET ME JUST FINISH THE
QUESTION. SWEEPING SURVEILLANCE SYSTEMS WITHOUT WARRANTS TO LOOK FOR
OFFENDERS OF ANY CRIMES. IN OTHER WORDS, IT'S KIND OF LIKE A TRAP. ISN'T IT
TRUE THAT THE GOVERNMENT IS FORBIDDEN, WITHOUT SEARCH WARRANT, TO DO
SO?
MS. GLICK: I DON'T BELIEVE THAT A FIXED AREA FOR A
LIMITED PERIOD OF TIME EACH DAY WOULD QUALIFY AS MASS SURVEILLANCE. I
WILL JUST REMIND THE GENTLEMAN THAT THE AREAS INVOLVED ARE SURROUNDING
OUR SCHOOL BUILDINGS, AND THAT THE INTENTION OF THE BILL IS NOT TO IDENTIFY
PEOPLE WHO ARE TRAVELING SLIGHTLY -- IT -- THE CAMERAS ARE CALIBRATED TO
ACTUALLY GENERATE A -- A VIOLATION WHEN ONE HAS EXCEEDED THE SPEED
LIMIT BY 11 MILES. NOW, PART OF THAT -- THE WHOLE RATIONALE IS THAT IF AN
INDIVIDUAL IS HIT BY A CAR SPEEDING AT -- TRAVELING, LET ME SAY TRAVELING
AT 30 MILES AN HOUR, YOU HAVE A REASONABLE CHANCE OF SURVIVING. IF, ON
THE OTHER HAND, YOU'RE HIT BY A VEHICLE TRAVELING AT 40 OR 45 MILES AN
HOUR, YOU STAND ALMOST NO CHANCE OF SURVIVING. SO, THE -- THE -- THE --
YOU ALLEGED THAT THERE WAS AN ATTEMPT, I THINK, TO CATCH PEOPLE IN A
CRIME. THE CRIME IS ACTUALLY SPEEDING ABOVE THE SPEED LIMIT. THIS IS
ACTUALLY ALLOWING PEOPLE 11 MILES AN HOUR ABOVE THAT. SO --
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MR. CASTORINA: MS. GLICK, FORGIVE ME, BUT I -- I
DO AGREE THAT THE -- THAT THE UNDERLYING REASONS FOR THE BILL ARE, IN FACT,
NOBLE. I -- I DON'T HAVE AN ISSUE WITH THAT. I DO, HOWEVER, TAKE ISSUE
WITH THE MEANS EMPLOYED TO ACCOMPLISH THAT PARTICULAR GOAL. DON'T
YOU AGREE THAT THERE MIGHT BE A DIFFERENT OR -- OR BETTER WAY TO
ACCOMPLISH THE GOAL WITHOUT THE UTILIZATION OF THIS TYPE OF SURVEILLANCE,
PARTICULARLY --
MS. GLICK: NO.
MR. CASTORINA: CAN I -- LET ME FINISH, PLEASE. I
KNOW YOU'RE SO EAGER, BUT LET ME JUST FINISH. PERHAPS BY USING SPEED
BUMPS OR OTHER DEVICES WITHIN THE DESIGN OF A ROAD, STOP SIGNS, YIELD
SIGNS, AND A VARIETY OF OTHER TRAFFIC DEVICES, WOULDN'T THOSE LESS
INTRUSIVE MEANS THAT DO NOT TRAMPLE UPON OUR GREAT CONSTITUTION,
WOULDN'T THEY BE BETTER MEANS TO EMPLOY THAN THIS MASS, WIDE-
SWEEPING SURVEILLANCE THAT YOU HAVE IN THIS BILL?
MS. GLICK: OBVIOUSLY, I DO NOT AGREE.
MR. CASTORINA: DO YOU AGREE THAT SPEED BUMPS
ACTUALLY SLOW DOWN DRIVERS?
MS. GLICK: I HAVE NOT DONE A STUDY OF THE RELATIVE
EFFECTIVENESS OF A SPEED BUMP. I THINK THAT IF YOU HAVE A SPEED BUMP
AND SOMEBODY IS NOT SLOWING DOWN, YOU HAVE THE POSSIBILITY THAT THE
VEHICLE WILL ACTUALLY GO AIRBORNE AND THEREBY CREATE A MORE HAZARDOUS
CONDITION. SO I CAN'T TODAY SAY THAT THAT WOULD ACTUALLY BE -- CREATE A
SAFER ENVIRONMENT THAN UTILIZING THE -- THE MEANS OF USING A CAMERA.
MR. CASTORINA: THAT INTERESTING, MS. GLICK,
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BECAUSE THE CAMERA DOESN'T ACTUALLY SLOW DOWN OR STOP THE DRIVER AT
THE TIME OF THE INCIDENT; ISN'T THAT CORRECT? ISN'T IT TRUE THAT THE SPEED
BUMP WOULD ACTUALLY --
ACTING SPEAKER AUBRY: MR. -- HOLD ON. MR.
BUCHWALD, WHY DO YOU RISE?
MR. BUCHWALD: DOES MR. CASTORINA YIELD TO A
QUESTION?
ACTING SPEAKER AUBRY: MR. CASTORINA, WILL
YOU YIELD?
MR. CASTORINA: ABSOLUTELY.
ACTING SPEAKER AUBRY: MR. CASTORINA YIELDS.
MR. BUCHWALD: WOULD THE GENTLEMAN AGREE THAT,
IN FACT, STUDIES SHOW THAT AT TIMES, SPEED BUMPS, IF PLACED IMPROPERLY,
ACTUALLY CAN SPEED UP CARS? BECAUSE WHEN SOMEONE IS GETTING
BETWEEN SPEED BUMPS, THEY TEND TO TRY TO MAKE UP THEIR TIME, AND SO
THEREFORE -- ALTHOUGH SOMEONE OBVIOUSLY SLOWS DOWN FOR THE SPEED
BUMP, THEY TRY TO THEN ZOOM AFTER THAT, MAYBE, FOR THE NEXT SPEED
BUMP OR WHEREVER THEY'RE GOING. SO, IN FACT, EVEN A SPEED BUMP CAN
ACTUALLY SPEED UP, IN CERTAIN LOCATIONS, PEOPLE'S TRAVELS.
MR. CASTORINA: THANK -- THANK YOU FOR THE
QUESTION, MR. BUCHWALD. I DON'T AGREE THAT THOSE FACTS ARE -- ARE
ACCURATE. I DO SEE HOW YOU CAN MAKE THAT INFERENCE, BUT IN MY
EXPERIENCE, GENERALLY SPEAKING, SPEED BUMPS ARE PLACED NOT JUST ONE AT
A TIME, BUT THEY'RE PLACED IN CLOSE PROXIMITY. AND WHEN PLACED IN
CLOSE PROXIMITY, IT WOULD BE PHYSICALLY IMPOSSIBLE FOR FOLKS TO, ONCE
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THEY GET OVER THE SPEED BUMP, TO GATHER OR GARNER ENOUGH SPEED AND
THEN SLOW DOWN AGAIN WITHIN THE NEXT INTERVAL OF THE NEXT SPEED BUMP.
SO I -- I DON'T SEE HOW THAT WOULD BE ACCURATE UNDER THOSE FACTS.
MR. BUCHWALD: WELL, MR. SPEAKER, IF I -- IF I
COULD -- AND I SAY THIS RESPECTFULLY AS THE FORMER CHAIRMAN OF THE
TRAFFIC COMMISSION OF THE CITY OF WHITE PLAINS -- IN FACT, STUDIES
SHOW THAT WHEN SPEED BUMPS ARE PLACED -- IN FACT, MULTIPLE SPEED
BUMPS ALONG THE ROAD --
ACTING SPEAKER AUBRY: IS THAT --
MR. BUCHWALD: -- THAT SOMEONE -- DRIVERS DO
TEND TO SPEED UP BETWEEN THE SPEED BUMPS IN ORDER TO MAKE UP TIME --
ACTING SPEAKER AUBRY: MR. BUCHWALD, YOU
NEED TO POSE THAT IN A QUESTION AND --
MR. BUCHWALD: I -- I WOULD JUST --
ACTING SPEAKER AUBRY: YOU MUST --
MR. CASTORINA: I WOULD LIKE TO CONTINUE WITH THE
SPONSOR.
ACTING SPEAKER AUBRY: I THINK YOU'RE GOING
TO HAVE TO COME BACK FOR A SECOND BECAUSE WE HAVE ELAPSED THE TIME
ALLOWED FOR THE MOMENT.
MR. CASTORINA: THANK YOU.
ACTING SPEAKER AUBRY: YOU'RE QUITE
WELCOME, SIR.
MR. DINOWITZ.
MR. DINOWITZ: I'LL BE VERY BRIEF. I COULD JUST TELL
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YOU ABOUT MY EXPERIENCE IN MY NEIGHBORHOOD. AND IT'S PRETTY CLEAR
THAT THIS LEGISLATION, THAT THE SPEED CAMERAS SAVE LIVES AND THEY SLOW
PEOPLE DOWN. HOW DO WE KNOW THAT? BECAUSE IT'S MAKING LESS
MONEY THAN IT DID JUST A YEAR OR TWO AGO. I -- I GUESS WE PROBABLY ALL,
IN THE CITY, HAVE SOME SPEED CAMERAS IN OUR DISTRICT, AND I KNOW THAT
MOST PEOPLE KNOW ABOUT THE SPEED CAMERAS NOW. SO ANYBODY WHO
LIVES IN THE NEIGHBORHOOD WHO KNOWS ABOUT THE SPEED CAMERA AT A
PARTICULAR SCHOOL IS GOING TO SLOW DOWN, BECAUSE IF THEY DON'T, THEY'RE
KIND OF AN IDIOT FOR NOT SLOWING DOWN, KNOWING THAT THE SPEED CAMERA
IS THERE. SO IT'S DOING EXACTLY WHAT IT'S INTENDED TO DO. YES, THE EXTRA
REVENUE THAT THE CITY MAY GET, THAT'S -- THAT'S GREAT. BUT THAT'S NOT
REALLY THE MAIN MOTIVATION FOR THE SPEED CAMERAS. IT'S TO SAVE LIVES.
IT'S TO PREVENT INJURIES, ESPECIALLY AT SCHOOLS. AND MOST PEOPLE WHO
GET A SPEED CAMERA TICKET DON'T GET A SECOND ONE BECAUSE MOST PEOPLE
CAN LEARN THEIR LESSON. SO, I THINK THE MORE SPEED CAMERAS THAT WE
HAVE IN THE CITY, WHETHER IT'S AT A SCHOOL OR IN ANOTHER PLACE, THE BETTER
BECAUSE PEOPLE WILL DRIVE MORE SAFELY.
SO, I -- I THANK THE SPONSOR FOR THIS LEGISLATION, AND I
WOULD EVEN GO BEYOND IT. SO I WOULD HOPE WE WOULD ALL VOTE YES ON
THIS. CERTAINLY, IF YOU'RE NOT FROM THE CITY YOU SHOULD WANT TO SUPPORT
THIS BECAUSE YOU WANT US IN THE CITY TO BE SAFER.
ACTING SPEAKER AUBRY: MR. RAIA.
MR. RAIA: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RAIA: SOME OF US THAT LIVE ON LONG ISLAND
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HAVE NO CHOICE BUT TO DRIVE THROUGH ONE OF THE FIVE BOROUGHS ON THE
WAY OUT, SO WE ALL HAVE A VESTED INTEREST IN THIS. A FEW YEARS AGO, WE
GAVE NASSAU AND SUFFOLK COUNTY THE ABILITY TO DO THIS, AND IT WAS SUCH
A DISASTER, THE ROLLOUT IN NASSAU COUNTY, THAT SUFFOLK COUNTY DIDN'T
EVEN BOTHER TO TRY TO DO IT, AND NASSAU COUNTY ACTUALLY ENDED THE
PROGRAM. IT -- THE FACT THAT YOU'RE GOING TO GIVE SOMEBODY A TICKET
AFTER THEY COMMITTED A CRIME IS NOT A DETERRENT. OR IT MAY BE A
DETERRENT AFTER THE FACT, BUT IT'S CERTAINLY NOT GOING TO SAVE ANY CHILD'S
LIFE. IF YOU HAVE A BIG SIGN THERE THAT SAYS "SPEED CAMERA," THAT
ACTUALLY MIGHT GET SOMEBODY TO SLOW DOWN.
THIS IS A CHEAP MONEY GRAB FOR THE CITY, IT DOES
NOTHING TO PROTECT YOUNGSTERS, AND I WILL BE VOTING NO.
ACTING SPEAKER AUBRY: MS. MALLIOTAKIS.
MS. MALLIOTAKIS: WILL THE SPONSOR YIELD,
PLEASE?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
GLICK?
MS. GLICK: ABSOLUTELY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. MALLIOTAKIS: THANK YOU. WHEN WE HAD
THIS DISCUSSION LAST YEAR, WE HAD DISCUSSED HOW THE ORIGINAL LAW IN
2013 WAS A FIVE-YEAR DEMONSTRATION PROGRAM FOR 20 CAMERAS, AND AT
THE END OF THAT DEMONSTRATION PROGRAM THERE WOULD BE A REPORT ISSUED
THAT ANSWERED A SERIES OF QUESTIONS THAT WERE REQUIRED IN THE ORIGINAL
LAW. DO YOU RECALL THAT?
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MS. GLICK: YES.
MS. MALLIOTAKIS: OKAY. IN THE REPORT -- WHEN
WE WERE DISCUSSING THIS AND I HAD THE REPORT, AND I HAVE IT HERE IN FRONT
OF ME, THE 2017 REPORT, YOU SAID THAT THE QUESTIONS THAT I WAS ASKING
AND THAT WERE REQUIRED BY LAW WOULD BE IN THIS YEAR'S REPORT. HAS THE
REPORT BEEN RELEASED YET?
MS. GLICK: THAT HAS NOT BEEN COMPILED YET.
MS. MALLIOTAKIS: OKAY. SO WHY ARE WE
EXPANDING -- WHY ARE WE CHOOSING TO EXPAND THE LAW AND ADD
ADDITIONAL CAMERAS WHEN WE HAVEN'T AN OPPORTUNITY TO REVIEW THAT
IMPORTANT INFORMATION?
MS. GLICK: WELL, WE SAW FROM THE FIRST REPORT THAT
IN A NUMBER OF INTERSECTIONS, YEAR OVER YEAR THERE WERE FEWER
VIOLATIONS, WHICH I BELIEVE INDICATES THAT PEOPLE -- I BELIEVE THE POINT
OF THE LEGISLATION IS BEHAVIOR MODIFICATION, AND I BELIEVE THAT THE
INFORMATION WE HAD PREVIOUSLY DEMONSTRATED THAT YEAR OVER YEAR THERE
WAS A REDUCTION IN THOSE AREAS WHERE THERE WERE SPEED CAMERAS. AND
SO, PEOPLE MAY HAVE GOTTEN A TICKET, AND THE RECIDIVISM RATE, WHICH
THEY CAN TRACK, IS EXTREMELY LOW. SO I DO THINK IT CHANGES BEHAVIOR. I
DON'T THINK IT'S A MONEY GRAB.
MS. MALLIOTAKIS: EXCUSE ME. IN THE REPORT
FROM LAST YEAR, THERE WERE ONLY NINE LOCATIONS IN WHICH THEY HAD
IDENTIFIED A DECLINE IN SPEEDING, OUT OF 140. SO I THINK IT WOULD BE
DIFFICULT TO MAKE THAT DETERMINATION WITH ONLY HAVING THE DATA FOR NINE
CAMERAS OUT OF 140. BUT I WOULD LIKE TO KNOW IF THE CITY HAS COMPLIED
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WITH THE LAW THAT WE ORIGINALLY WROTE, AND IF THEY DETERMINED THE
LOCATIONS WHERE, AND ALSO THE DATES WHEN PHOTO SPEED VIOLATIONS AND
MONITORING SYSTEMS WERE USED. AND I'M LOOKING AT THE ORIGINAL LAW,
PAGE 3, LINE 14. IT LISTS THE QUESTIONS THAT WE'VE ASKED THE CITY TO
COMPLY WITH, SO IF YOU WANTED TO FOLLOW ALONG. I WAS WONDERING IF
YOU HAD THAT INFORMATION BECAUSE I DON'T SEE IT IN THE REPORT.
MS. GLICK: WELL, I WILL SAY THAT THE REPORT THAT WAS
PRESENTED IN THE PAST WAS A -- A MORE SELECTIVE IDENTIFICATION, BECAUSE
THE ACTUAL REPORTS WERE -- THAT WERE AVAILABLE FROM DOT WERE QUITE
VOLUMINOUS, AND SENDING ALL OF THAT MATERIAL, WHICH SHOWED A GREAT
DEAL OF, I THINK, IMPROVEMENT IN THE LEVEL OF DANGER PRESENTED TO
YOUNGSTERS AND THEIR FAMILIES, I THINK, WAS VERY POSITIVE.
MS. MALLIOTAKIS: I -- I MUST NOT HAVE THE SAME
REPORT THAT YOU HAVE, THEN, AND I'M WONDERING IF YOU COULD HELP
ANSWER SOME OF THESE QUESTIONS. AND AGAIN, I'M LOOKING AT THE
ORIGINAL REQUIREMENT UNDER THE LAW THAT WE PASSED IN 2013, AND -- AND
ONE OF THE REQUIREMENTS IS THAT THE CITY WOULD HAVE TO GIVE US THE
NUMBER OF VIOLATIONS RECORDED WITHIN IN ALL SCHOOL SPEED ZONES WITHIN
THE CITY, BOTH -- IN A DAILY, WEEKLY AND MONTHLY BASIS. DO YOU HAVE
THAT INFORMATION IN YOUR REPORT?
MS. GLICK: NOT IN FRONT OF ME, NO.
MS. MALLIOTAKIS: OH, OKAY. WHAT ABOUT THE
NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE WHERE
PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED ON A DAILY, WEEKLY
AND MONTHLY BASIS?
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MS. GLICK: I DON'T HAVE ALL OF THAT IN FRONT OF ME.
AS I SAID, IT WAS VOLUMINOUS.
MS. MALLIOTAKIS: OH, OKAY. SO THE CITY DID
OFFER IT TO THE LEGISLATURE, THEN, YOU'RE SAYING. THAT INFORMATION IS OUT
THERE SOMEWHERE.
MS. GLICK: BACKING UP THE FIRST REPORT, WE HAVE NOT
YET SEEN --
MS. MALLIOTAKIS: OKAY. BECAUSE THAT'S NOT IN
THE FIRST REPORT, SO THEREFORE, THEY DID NOT COMPLY WITH THE LAW AS
REQUIRED. I WOULD ASSUME NUMBER 6 IS NOT IN THE REPORT, EITHER, WHICH
IS THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
WITHIN THE CITY, AND THEN THEY ASK IT TO BE BROKEN DOWN BY MILEAGE;
THERE'S A 10 BUT NOT MORE THAN 20 MILES PER HOUR; 20 BUT NOT MORE THAN
30; 30 BUT NOT MORE THAN 40 MILES PER HOUR, GOING ALL THE WAY UP TO
MORE THAN -- MORE THAN 40 MILES PER HOUR THAN POSTED SPEED LIMIT. DO
YOU HAVE THAT INFORMATION, OR DO YOU KNOW IF THE CITY PROVIDED IT TO
THE LEGISLATURE?
MS. GLICK: I WILL STIPULATE THAT I DO NOT HAVE THAT
MATERIAL WITH ME TODAY.
MS. MALLIOTAKIS: HAS THE CITY PROVIDED IT TO THE
LEGISLATURE?
MS. GLICK: I -- I SAID EARLIER, AND REPEAT MYSELF IN
CASE IT WASN'T CLEAR, THAT WE HAVE NOT YET RECEIVED THAT.
MS. MALLIOTAKIS: OH, OKAY BECAUSE ORIGINALLY
YOU SAID THAT IT WAS VERY "VOLUMINOUS," I THINK IS THE WORD YOU USED.
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MS. GLICK: I REFERRED TO THE FIRST --
MS. MALLIOTAKIS: OKAY.
MS. GLICK: -- REPORT, NOT THE CURRENT REPORT THAT'S
DUE.
MS. MALLIOTAKIS: WELL, THAT -- THAT FIRST REPORT, I
HAVE HERE, AND IT'S 16 PAGES. I WOULDN'T EXACTLY CALL THAT VOLUMINOUS.
MS. GLICK: WELL, I BELIEVE --
MS. MALLIOTAKIS: AND IT DOES NOT --
MS. GLICK: EXCUSE ME --
MS. MALLIOTAKIS: -- ANSWER THE QUESTIONS --
MS. GLICK: EXCUSE ME --
MS. MALLIOTAKIS: -- AS REQUIRED BY LAW.
MS. GLICK: WHEN -- WHEN WE DISCUSSED THIS SOME
YEARS AGO, I HAD BEFORE ME A SMALL SEGMENT OF THE REPORT, BACKUP
INFORMATION THAT WAS ABOUT THIS HIGH (INDICATING). THAT WAS A PARTIAL
BACKUP TO THE WHAT I WOULD REFER TO AS THE SUMMARY REPORT.
MS. MALLIOTAKIS: OKAY. ALL RIGHT. NUMBER 8,
THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FROM VIOLATIONS RECORDED
BY SUCH SYSTEMS. HAS THE CITY PROVIDED THE LEGISLATURE WITH THAT
INFORMATION?
MS. GLICK: I WILL STIPULATE THAT WE DO NOT HAVE THE
REPORT, THE MOST RECENT REPORT. AND SO YOU CAN ITEMIZE EACH ONE OF
THOSE, WHICH WILL MAKE THE DEBATE LONGER BUT WILL NOT ENLIGHTEN US --
MS. MALLIOTAKIS: WELL, I THINK IT'S IMPORTANT
MS. GLICK: -- BEYOND THAT.
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NYS ASSEMBLY JUNE 18, 2018
MS. MALLIOTAKIS: -- FOR THE MEMBERS OF THE
LEGISLATURE WHO WILL BE VOTING ON THIS TO KNOW, AND ALSO THOSE WHO ARE
WATCHING AT HOME, TO KNOW WHICH QUESTIONS WERE REQUIRED BY THE
ORIGINAL LAW AND WHICH ONES THAT THE CITY DID NOT COMPLY WITH.
SO MOVING ON TO NUMBER 10. THE NUMBER OF
VIOLATIONS ADJUDICATED, AND THE RESULTS OF SUCH ADJUDICATIONS, INCLUDING
BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY SUCH
SYSTEMS. HAS THE CITY PROVIDED THAT INFORMATION THAT WE REQUIRED BY
LAW?
MS. GLICK: OH, I STIPULATED TO THAT BEFORE.
MS. MALLIOTAKIS: IS THAT A -- IS THAT A NO? OKAY
WE WILL -- I JUST WANT A YES OR NO ANSWER, MR. SPEAKER.
ACTING SPEAKER PICHARDO: SHE CAN ANSWER
THE QUESTION HOWEVER SHE SEEMS -- DEEMS FIT.
MS. MALLIOTAKIS: IS THAT A YES OR NO?
MS. GLICK: ASKED AND ANSWERED.
MS. MALLIOTAKIS: WELL, IT'S A DIFFERENT QUESTION,
SO IT CAN'T BE ASKED OR ANSWERED. NUMBER 11, THE TOTAL AMOUNT OF
REVENUE REALIZED THAT THE CITY, IN CONNECTION WITH THE PROGRAM. THE
SPEAKER BEFORE ME SUGGESTED, OR ACTUALLY CLAIMED, THAT THE NUMBER OF
-- THE REVENUE HAS GONE DOWN AND THAT'S HOW WE KNOW THE CAMERA
SYSTEM IS WORKING. BUT I HAVEN'T SEEN THOSE FIGURES. DO YOU HAVE THAT
NUMBER ON YOU TO TELL ME HOW MUCH IT HAS DECLINED BY OVER THE LAST
YEAR?
MS. GLICK: WELL, NOT HAVING THAT SPECIFIC REPORT,
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NO. BUT I WILL SAY THAT IN THIS BILL WE FURTHER REQUEST JUNE 2019 -- JUNE
1ST, 2019 FOR AN UPDATED REPORT.
MS. MALLIOTAKIS: OKAY.
ON THE BILL.
ACTING SPEAKER PICHARDO: ON THE BILL.
MS. MALLIOTAKIS: MR. SPEAKER, ONCE AGAIN WE'RE
LOOKING TO EXPAND WHAT WAS A DEMONSTRATION PROGRAM WITHOUT SEEING
THE DATA THAT WAS REQUIRED BY THE ORIGINAL LAW. IN 2013, WE ESTABLISHED
THE SPEED CAMERA PROGRAM WITH 20 CAMERAS. WE WERE SUPPOSED TO
RECEIVE A REPORT WITHIN FIVE YEARS. BUT FIVE YEARS HAS NOW GONE BY,
THERE IS NO REPORT. AND DURING THAT TIME, WE'VE ALREADY INCREASED IT
MULTIPLE TIMES, AND THIS IS THE FOURTH ATTEMPT TO INCREASE IT TO NOW 290
CAMERAS. YOU KNOW, I -- I FEEL IT'S REALLY IRRESPONSIBLE FOR THE
LEGISLATURE TO EXPAND THE PROGRAM WITHOUT HAVING THE DATA. AND WHY
ARE WE ALLOWING THE CITY TO ADD MORE CAMERAS WHEN THEY ARE IN CLEAR
VIOLATION OF THE EXISTING AND ORIGINAL LAW? SO IN ADDITION TO THAT, I ALSO
WANT TO CITE THAT THE PBA SAID THAT THEY ARE OPPOSED TO THE EXPANSION
OF CAMERAS AS WELL. WE HAVE TO UNDERSTAND THAT, YOU KNOW, CAMERAS
DON'T GET DRUNK DRIVERS OFF THE STREET. CAMERAS DON'T GET SOMEONE
USING HEROIN OR UNDER THE INFLUENCE OFF THE STREETS. ONLY POLICE
OFFICERS CAN. I THINK WE'RE MAKING A MISTAKE BY LOOKING TO EXPAND THIS
WITHOUT HAVING ALL THE PERTINENT INFORMATION TO BE MAKING AN
INTELLIGENT DECISION.
AND SO, THEREFORE, ONCE AGAIN I WILL BE VOTING AGAINST
THIS LEGISLATION AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK
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YOU.
ACTING SPEAKER PICHARDO: MR. BLAKE.
MR. BLAKE: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER PICHARDO: ON THE BILL, SIR.
MR. BLAKE: FIRST, I WANT TO COMMEND THE SPONSOR
FOR THIS CRITICALLY IMPORTANT PIECE OF LEGISLATION THAT OBVIOUSLY THE
INTENT IS TO HELP FAMILIES AND TO SAVE LIVES. SOME OF THE POINTS THAT
HAVE BEEN RAISED, NOT JUST TONIGHT, BUT JUST IN GENERAL. I FIRST WANT TO,
COLLEAGUES, REFERENCE US TO THE NEW YORK TIMES ARTICLE ON MAY 28TH OF
THIS YEAR, WHICH REFERENCED THE PRINCIPAL FROM 12 -- PS 124, ANNABELL
BURRELL, WHO SAID, QUOTE, "IF YOU'RE REALLY SERIOUS ABOUT PROTECTING
CHILDREN IN SCHOOLS, THIS NEEDS TO BE HAPPENING EVERYWHERE THAT THERE
IS A SCHOOL. WHY WOULDN'T YOU DO THIS?" END QUOTE. SO LET'S -- LET'S
MAKE SURE WE'RE -- WE'RE CLEAR IN CONVEYING WHY WE'RE HERE. FIRST, AS
THE JUSTIFICATION CONVEYS, THIS ABOUT THE SAFETY OF THE CHILDREN, WHICH
SHOULD BE OUR PRIORITY. THERE'S ONLY 7 PERCENT OF THOSE GOING TO NEW
YORK CITY SCHOOLS THAT HAVE THESE CAMERAS NEAR ITS SCHOOL. WE SHOULD
BE FOCUSED ON MAKING SURE WE'RE ACTUALLY PROTECTING LIVES AND HELPING
RESPECTIVE CHILDREN AND FAMILIES. SECOND, WHEN WE THINK ABOUT THE
ACTUAL SUCCESS OF WHAT HAS BEEN HAPPENING THUS FAR, AGAIN UTILIZING THE
EXAMPLE REFERENCED IN THE ARTICLE, IT STATES THAT YOU SAW THE DROPPAGE
OF WHAT WAS HAPPENING IN THAT COMMUNITY GOING FROM 250 TO 54
SUMMONS IN THAT AREA, AN 80 PERCENT DECLINE. CLEARLY, AS THE SPONSOR
INDICATED, THERE WAS A CHANGE IN BEHAVIOR BY HAVING THESE CAMERAS
PRESENT. THIRD, IT WAS CONVEYED, MR. SPEAKER AND COLLEAGUES, THAT IF
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YOU DON'T HAVE AN INDIVIDUAL PRESENT, SOMEHOW THAT WOULD LEAD TO THE
EFFICIENCY AND EFFICACY OF WHAT HAPPENS HERE, WHICH AS WE KNOW IS
SOMETHING THAT WE HAVE MOVED FORWARD IN OUR MANY COMMUNITIES.
YOU CAN LOOK AT IT AS SIMPLY WHEN YOU GO TO A SUPERMARKET AND YOU
DECIDE TO GO TO A LINE THAT DOES NOT HAVE A TELLER. IF WE'RE ABLE TO
PURCHASE FOOD WITHOUT A TELLER, I'M SURE WE CAN UNDERSTAND HAVING A
CAMERA IN A COMMUNITY WILL ACTUALLY HELP KEEP US SAFE. EQUALLY, MR.
SPEAKER AND COLLEAGUES, THE POINT WAS RAISED ABOUT MASS SURVEILLANCE,
WHICH I THINK WAS -- CAN BE CONVEYED TO -- TO TRY TO CREATE A NEGATIVE
DYNAMIC. BUT JUST FOR OUR CONTEXT, THE US POSTAL SERVICE ACTUALLY HAS
WHAT'S CALLED THE "MAIL ISOLATION CONTROL AND TRAFFICKING PROGRAM,"
WHICH PHOTOGRAPHS EVERY EXTERIOR PIECE OF PAPER MAIL THAT IS
PROCESSED. IF THAT IS OCCURRING WHEN IT COMES TO MAIL, THEN WHY ON
EARTH WOULD WE NOT WANT TO HAVE THAT WHEN IT COMES TO PROTECTING OUR
FAMILIES? EQUALLY, IT WAS CONVEYED AND ASKED AROUND THE EFFICACY
AROUND SPEED BUMPS VERSUS SPEED CAMERAS, WHICH AGAIN, SINCE --
RATHER THAN TALK ABOUT RHETORIC, LET'S FOCUS ON THE FACTS. THE
WASHINGTON POST ACTUALLY HIGHLIGHTED THAT SPEED BUMPS ARE EXPENSIVE
TO INSTALL, ANYWHERE BETWEEN $4,500 AND $7,500, BUT MORE CRITICALLY,
THERE ACTUALLY WAS A LEGAL SETTLEMENT CONVEYING THAT THE REASON WHY
SPEED BUMPS WERE LESS -- LESS EFFICIENT AND MORE PROBLEMATIC IS IT
ACTUALLY SLOWED DOWN THE RESPONSE TIME OF EMERGENCY VEHICLES
ACTUALLY GETTING TO AREAS. IT LED TO AN INSTANCE WHERE IN HILLSBOROUGH
COUNTY, FLORIDA, THEY ACTUALLY HAD TO HAVE A SETTLEMENT BECAUSE THEY
COULDN'T GET AMBULANCES TO COMMUNITIES FASTER BECAUSE YOU HAVE
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SPEED BUMPS IN THOSE AREAS. SO WHEN WE TIE THIS ALL TOGETHER, THE POINT
THAT'S BEING RAISED IS ESSENTIALLY BECAUSE OF DIFFERENT ENTITIES AND ALLIES,
WE SHOULDN'T BE DOING THIS. THE ARGUMENT BEING MADE IS WE SHOULD
WAIT UNTIL ALL DATA IS FINALIZED AND PRESENT. WELL, FOR CONTEXT, WE
ACTUALLY PASSED EARLIER THIS YEAR TO MOVE FORWARD AND ACTUALLY HELPING
PEOPLE THAT ARE STRUGGLING WHEN IT COMES TO LEAD PAINT. I DON'T NEED TO
WAIT TO SEE EVERY SINGLE PIECE OF DATA WHEN IT COMES TO A CHILD WITH
LEAD PAINT. I DON'T HAVE TO WAIT WHEN IT COMES TO WHY WE CHANGED ON
RAISE THE AGE TO HELP THESE COMMUNITIES. WE DON'T HAVE TO WAIT WHEN
IT COMES TO ACTUALLY GETTING FUNDING FOR SCHOOLS ITSELF. SOMETIMES YOU
DON'T HAVE TO WAIT. AND TO THE POINT THAT'S BEEN RAISED, DO WE HAVE ALL
THE DATA. YES, THE DATA HAS ACTUALLY BEEN REFERENCED IN THE MAY 28,
2018 NEW YORK TIMES ARTICLE. IF WE WOULD TAKE THE TIME TO ACTUALLY
SUPPORT THESE STUDENTS AND READ WHAT WAS IN THE ARTICLE WE'D ACTUALLY
KNOW THAT ANSWER.
I SUPPORT THE SPONSOR, I SUPPORT THE LEGISLATION, AND IT
IS OBVIOUSLY NECESSARY BECAUSE WE'RE HERE NOT TO MAKE SURE WE GET AN
ENDORSEMENT, BUT TO ACTUALLY HELP THE KIDS.
ACTING SPEAKER PICHARDO: MR. CASTORINA FOR
ROUND TWO.
MR. CASTORINA: WILL THE SPONSOR YIELD FOR SOME
MORE SERIOUS QUESTIONS?
ACTING SPEAKER PICHARDO: DO YOU YIELD,
MS. GLICK?
MS. GLICK: YES.
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MR. CASTORINA: THANK YOU.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
MR. CASTORINA: THANK YOU, MS. GLICK. MS.
GLICK, YOU KNOW, WE SPEND AN AWFUL LOT OF TIME TALKING ABOUT THE
AMOUNT OF REVENUE THAT THE CITY COLLECTS FROM THIS PROGRAM, I THINK
THAT YOU'LL ADMIT. BUT WHAT I'D LIKE TO KNOW IS, WHO IS OR WHAT IS THE
COMPANY THAT IS UTILIZED FOR THE PURPOSES OF HANDLING THIS OPERATION?
IN OTHER WORDS, THE COMPANY THAT MANUFACTURERS THE CAMERAS AND
MAINTAINS THEM AND IS IN CHARGE OF THE BILLING PRACTICES.
MS. GLICK: WELL, TO TELL YOU THE TRUTH, I HAVE NOT
LOOKED INTO THE CONTRACT, BECAUSE MY FOCUS HAS BEEN ON THE FACT THAT IF
PEOPLE DON'T SPEED, THEY DON'T GET A TICKET. IF THE -- THERE IS A PERSON
WHO REVIEWS THE MATERIAL AND THERE ARE STEPS INVOLVED IN ASCERTAINING
THAT THE CAMERAS ARE PROPERLY CALIBRATED, ET CETERA. BUT I HAVE NOT
LOOKED AT THE CONTRACT BECAUSE THAT HAS NOT BEEN WHAT I BELIEVE IS THE
SALIENT POINT OF THE LEGISLATION --
MR. CASTORINA: MS. -- MS. GLICK, YOU --
MS. GLICK: I'M SORRY, I GET TO ANSWER THE QUESTION.
MR. CASTORINA: I'M SORRY, I THOUGHT YOU WERE --
YOU WERE DONE. I'M SORRY, GO AHEAD.
MS. GLICK: SO, I HAVE NOT BELIEVED THAT THE
CONTRACT FOR WHETHER IT'S COMPANY A OR B OR WHETHER THERE ARE TWO
DIFFERENT COMPANIES, THAT HAS NOT BEEN MY CONCERN. MY CONCERN HAS
BEEN ENSURING THAT IF PEOPLE SPEED IN A SCHOOL ZONE, THAT THEY GET A
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TICKET, AND HOPEFULLY THAT WILL THEN GET IT INTO THEIR HEAD THAT WHEN THEY
ARE NEAR SCHOOLS, THEY SHOULD SLOW DOWN.
MR. CASTORINA: MS. GLICK, YOU ARE IN LUCK,
BECAUSE I'VE GONE AHEAD AND I'VE FOUND OUT WHO THAT COMPANY IS OR
WHAT THAT COMPANY IS. AND IT'S CALLED AMERICAN TRAFFIC SOLUTIONS,
INCORPORATED. ARE YOU FAMILIAR WITH THE NAME OF THAT COMPANY?
MS. GLICK: THAT RINGS A BELL.
MR. CASTORINA: WOULD IT SURPRISE YOU IF I TOLD
YOU THAT THAT CORPORATION IS LOCATED OUTSIDE OF THE STATE OF NEW YORK
AND IN THE STATE OF ARIZONA?
MS. GLICK: IT MAKES NO DIFFERENCE TO ME.
MR. CASTORINA: WOULD IT MAKE A DIFFERENCE TO
YOU IF I TOLD YOU THAT THEY MAKE A COMMISSION ON EVERY TICKET THAT IS
WRITTEN?
MS. GLICK: NO.
MR. CASTORINA: IT WOULDN'T? THAT WOULDN'T
MAKE A DIFFERENCE? WELL, LET ME ASK YOU A QUESTION: WOULD YOU SAY
THAT IT IS PRACTICALLY IMPOSSIBLE FOR A MOTORIST OR THE OWNER -- RATHER,
THE OWNER OR THE REGISTERED OWNER OF A VEHICLE TO CONTEST ONE OF THESE
TICKETS THAT ARE ISSUED AS A RESULT OF A SPEED CAMERA CLOSING ITS SHUTTER
IN THE PROCESS OF -- OF WHAT THIS -- WHAT THIS -- WHAT IT DOES?
MS. GLICK: WELL, WHAT I WOULD SAY TO THAT IS THAT
THERE IS AN 11 MILE-AN-HOUR BUFFER BETWEEN --
MR. CASTORINA: I -- I HEARD -- I HEARD THAT. YOU
SAID THAT BEFORE.
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MS. GLICK: WELL, I'M SORRY, YOU ASKED A QUESTION,
AND I AM ANSWERING IT.
MR. CASTORINA: I UNDERSTAND.
MS. GLICK: SO MY VIEW IS --
MR. CASTORINA: YES.
MS. GLICK: -- THAT THE FACT THAT SOMEBODY GETS A
VIOLATION BASED ON GOING 11 MILES OVER THE SPEED LIMIT, IN MANY
INSTANCES IF THERE IS -- I DON'T KNOW HOW THE CONTRACT IS, IT MAY HAVE
BEEN A CHEAPER WAY OF CONSTRUCTING A CONTRACT. I'M NOT A PROCUREMENT
OFFICER, SO THAT IS NOT MY CONCERN. MY CONCERN IS THAT WE GET PEOPLE TO
SLOW DOWN AND NOT KILL AS MANY KIDS AS HAVE BEEN KILLED IN THE PAST.
MR. CASTORINA: I'M WITH YOU ON THAT, AND I THINK
IT'S A LAUDABLE. I THINK THAT IS ABSOLUTELY LAUDABLE. BUT MY -- MY
QUESTION WAS -- AND THIS IS IMPORTANT -- IS IT POSSIBLE TO BEAT ONE OF
THESE TICKETS? AND -- AND MY HYPOTHESIS IS THAT IT IS PRACTICALLY
IMPOSSIBLE TO BEAT ONE OF THESE TICKETS. AND AS A RESULT, IF YOU COUPLE
THAT WITH THE NOTION THAT THIS OUT-OF-STATE COMPANY GETS A COMMISSION
PER EACH TICKET THAT'S -- THAT'S GIVEN, THAT'S ADMINISTERED, WELL, DO THEY
HAVE ANY TYPE OF REASON NOT TO MAKE SURE THAT THESE TICKETS ARE
PROCESSED AND PROCESSED AND PROCESSED AND ADMINISTERED TO MOTORISTS
BECAUSE THEY HAVE A VESTED MONETARY INTEREST IN THE OUTCOME, WHICH IS
THAT THEY GET A COMMISSION FOR EVERY SUMMONS THAT IS GIVEN.
MS. GLICK: WELL, I DON'T SHARE YOUR CYNICISM.
MR. CASTORINA: WELL, IT'S NOT CYNICISM. IF THERE
IS A COMMISSION FOR EACH TICKET THAT IS GIVEN, IT'S -- IT'S FACT. AND IF IT'S
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TRUE, THEN SHOULDN'T WE, AS MEMBERS OF THE LEGISLATURE, HAVE SOME
SIGNIFICANT CONCERNS AS TO THE MOTIVES AND INTENT OF AN OUT-OF-STATE
CORPORATION FOR-PROFIT WHO IS SELLING THIS SYSTEM TO THE CITY OF NEW
YORK?
MS. GLICK: WELL, I WOULD SAY TO YOU THE TICKETS ARE
SENT ALONG WITH PHOTOGRAPHIC EVIDENCE. I BELIEVE THAT PEOPLE COULD GO
TO TRAFFIC COURT AND TRY TO CONTEST THE TICKET. I DON'T BELIEVE THAT IN
SOME INSTANCES WHERE THERE'S BEEN ACTUALLY A REDUCTION IN THE NUMBER
OF VIOLATIONS POSTED THAT ONE CAN SAY THAT THERE IS AN OBVIOUS INCENTIVE
FOR THERE TO BE FRAUD. BECAUSE I DO BELIEVE THAT IF THEY WERE DOING IT
BASED ON WHAT YOU'RE SUGGESTING, WHICH IS THAT THEY ARE MOTIVATED TO
SIMPLY ISSUE TICKETS WILLY-NILLY WITHOUT THEM ACTUALLY ISSUING A TICKET
BASED ON A VIOLATION OVER 11 MILES-AN-HOUR BEYOND THE SPEED LIMIT THAT
THEY WOULD, IN FACT, BE LIABLE. AND SO I BELIEVE THAT THEY ARE ACTING IN
AN APPROPRIATE FASHION UNTIL SOMEBODY DEMONSTRATES OTHERWISE.
MR. CASTORINA: BUT, MS. GLICK, ISN'T IT TRUE THAT
YOU'RE BASING THIS OPINION ON BLIND FAITH AND NOT ON ANY VERIFIABLE
REPORT? BECAUSE YOU'VE INDICATED THAT THERE IS NO REPORT PRESENT FOR US
MEMBERS OF THE LEGISLATURE TO REVIEW, AND I RECALL THAT BEING THE SAME
THING LAST YEAR. SO AREN'T YOU JUST RESTING YOUR OPINION ON BLIND FAITH
AND -- AND JUST NOT REALLY GETTING INTO THE NITTY-GRITTY, AS WE SHOULD?
MS. GLICK: NO, ACTUALLY, IF WE GO BACK A FEW YEARS
AND WE HAD THIS -- A SIMILAR CONVERSATION -- AND PERHAPS IT WAS ACTUALLY
WITH YOUR COLLEAGUE -- I COULD IDENTIFY OUT OF THE VOLUMINOUS MATERIAL
PRESENTED, WHICH WAS THEN DISTILLED INTO A SUMMARY REPORT, THAT WE
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COULD IDENTIFY SPECIFIC AREAS ACTUALLY IN STATEN ISLAND WHERE THERE WERE
CAMERAS AVAILABLE AND WHERE THEY WERE DEMONSTRATED THAT FEWER
VIOLATIONS HAD BEEN ISSUED.
MR. CASTORINA: OKAY, BUT THIS IS A PROJECT THAT
CAME -- THAT STARTED LAST YEAR, AND YOU HAVE NO DATA ON THIS PARTICULAR
PROJECT, BUT YOU DO HAVE DATA ON A SIMILAR PROJECT, BUT NOT THIS ONE, AND
LAST YEAR WE DIDN'T HAVE ANY DATA AS WELL.
I'M GOING TO ASK ANOTHER QUESTION. ARE YOU FAMILIAR
WITH SOMETHING KNOWN AS THE "CHAIN OF CUSTODY" IN EVIDENCE MATTERS?
MS. GLICK: MR. CASTORINA, THOUGH I AM NOT AN
ATTORNEY, I HAVE A VAGUE UNDERSTANDING OF THE CHAIN OF CUSTODY.
MR. CASTORINA: OKAY. BECAUSE THIS IS JUST VERY
FUNDAMENTAL, IT'S VERY BASIC. I WOULD LIKE TO KNOW WHO MAINTAINS
CONTROL OVER THE PHOTOGRAPH. IF YOU COULD WALK ME THROUGH THE
PROCESS. WHEN THE SHUTTER IS CLOSED ON THAT CAMERA AND THE PICTURE IS
CAPTURED, WHERE DOES THAT PICTURE GO? DOES IT GET TRANSFERRED TO MESA,
ARIZONA? DOES IT GET TRANSFERRED TO THE NEW YORK CITY DEPARTMENT OF
FINANCE? HOW DOES THIS WORK? WHO HAS -- WHO MAINTAINS THIS
PICTURE AND ULTIMATELY, HOW MANY -- HOW MANY PEOPLE OR -- OR HOW
MANY AGENCIES DOES IT FILTER THROUGH BEFORE IT FINALLY GETS IN MY
MAILBOX?
MS. GLICK: WELL, THE MATERIAL IS SENT TO NEW YORK
CITY. I'M NOT SURE WHETHER IT IS DOT OR DEPARTMENT OF FINANCE, BUT --
OR NYPD, FOR THAT MATTER. BUT THERE IS A NEW YORK CITY EMPLOYEE, A
TECHNICIAN WHO IS SWORN, SWEARS OUT THESE SUMMONSES. THEY ARE AN
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EMPLOYEE OF THE CITY OF NEW YORK, AND THEY ACT ON THE INFORMATION
PROVIDED.
MR. CASTORINA: BUT THEY --
MS. GLICK: THAT INFORMATION THAT IS PROVIDED IS --
ALSO, THERE IS A TECHNICIAN THAT ATTESTS TO HAVING CHECKED THE EQUIPMENT
(PAUSE) IT GOES INTO A DAILY LOG, AND A -- AND A -- AN ANNUAL CALIBRATION
OF THE EQUIPMENT IS REQUIRED.
MR. CASTORINA: SO ARE YOU SAYING THAT A PARTY, A
PERSON WHO WORKS FOR THE CITY OF NEW YORK SWEARS TO A STATEMENT
WITHOUT PERSONAL KNOWLEDGE, JUST BY LOOKING AT A PHOTOGRAPH THAT WAS
TRANSMITTED TO THEM FROM SOMEPLACE, SOMEWHERE? HOW IS THAT
POSSIBLE? HOW CAN THAT PARTY SWEAR OR AFFIRM THAT THE PHOTOGRAPH
ACCURATELY (INAUDIBLE).
ACTING SPEAKER AUBRY: MR. BLAKE, WHY DO
YOU RISE?
MR. BLAKE: MR. SPEAKER, MIGHT I ASK MR.
CASTORINA A QUESTION, PLEASE, THAT'S RELEVANT TO THIS?
ACTING SPEAKER AUBRY: MR. CASTORINA, WILL
YOU YIELD?
MR. CASTORINA: NO, NOT AT THIS TIME.
ACTING SPEAKER AUBRY: MR. CASTORINA WILL
NOT YIELD AT THE MOMENT.
MS. GLICK: THEY ARE SWEARING OR ATTESTING TO THE
FACTS THAT ARE PRESENTED IN THE VISUAL EVIDENCE.
MR. CASTORINA: SO THEY WERE NOT THERE AT THE
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TIME THAT THE ALLEGED INFRACTION OR VIOLATION TOOK PLACE, BUT THEY ARE
SWEARING OR AFFIRMING TO WHAT? THAT THEY SEE A PHOTOGRAPH? AND --
AND DO YOU THINK THAT THAT RISES TO THE LEVEL OF ADMISSIBLE EVIDENCE FOR
THE PURPOSES OF HAVING SOMEBODY VIOLATED, WHERE THEY WILL BE
DEPRIVED OF -- OF THEIR -- OF THEIR FINANCIAL RESOURCES?
MS. GLICK: YES.
MR. CASTORINA: OKAY. THAT'S AN HONOR ANSWER.
I DISAGREE WITH IT, BUT IT'S AN HONEST ANSWER.
OKAY, NOW GOING BACK TO WHAT WE WERE DISCUSSING
BEFORE WHERE I -- I DESCRIBED THAT -- THAT THE GOVERNMENT IS -- IS
FORBIDDEN FROM ENGAGING IN SWEEPING SURVEILLANCE SYSTEMS WITHOUT
SEARCH WARRANTS TO LOOK FOR OFFENDERS OF CRIMES. NOW, WHEN -- WHEN A
PHOTOGRAPH IS TAKEN, DOES IT ONLY CAPTURE THE VEHICLE, OR DOES IT CAPTURE
SOMETHING MORE? DOES IT CAPTURE THE ROADWAY? DOES IT CAPTURE A TREE
THAT MAY BE IN THE VICINITY? WHAT IS -- WHAT IS THE SIZE OF THE FRAME
THAT IS CAPTURED ONCE THAT SHUTTER IS CLOSED?
MS. GLICK: IT CAPTURES THE CAR, THE LICENSE PLATE AND
A PORTION OF THE STREET.
MR. CASTORINA: OKAY. NOW, MS. GLICK, I WANT
YOU TO IMAGINE THAT IF SOMETHING -- SOME -- MS. GLICK? I JUST --
MS. GLICK: IT -- IT ACTUALLY CAPTURES TWO OR THREE TO
ALLOW FOR THE CALIBRATION OF THE SPEED.
MR. CASTORINA: OKAY. SO NOW WHEN THAT
PICTURE IS CAPTURED, ARGUABLY THERE ARE MORE ITEMS, IF YOU WILL, IN THE --
IN THE FRAME OTHER THAN THE VEHICLE. PERHAPS IT'S THE ROADWAY, PERHAPS
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MAYBE PEOPLE THAT ARE TRAVERSING THE ROADWAY OR ON THE SIDEWALK
NEARBY.
MS. GLICK: HOPEFULLY THEY ARE --
MR. CASTORINA: WOULD YOU AGREE?
MS. GLICK: -- ON THE SIDEWALK AND NOT IN FRONT OF
THE CAR.
MR. CASTORINA: WELL, WOULD YOU AGREE THAT THEY
-- THAT THAT WOULD BE CAPTURED IN THE PHOTOGRAPH IF THEY WERE PRESENT
WITHIN THE CONFINES OF THAT FRAME?
MS. GLICK: I WOULD SAY THAT IT'S POSSIBLE. I DON'T
KNOW HOW WIDE THE FIELD OF VISION IS.
MR. CASTORINA: YES. NOW, IN THE EVENT THAT
SOMEBODY WERE TO SUBPOENA THE FRAMES FOR THE PURPOSES OF PROVING
EITHER SOME OTHER CIVIL -- IN SOME OTHER CIVIL MATTER OR CRIMINAL MATTER,
WHAT WOULD HAPPEN IF A PARTY TO ANOTHER ACTION, COMPLETELY SEPARATE
FROM THE TRAFFIC INFRACTION, ISSUED A SUBPOENA TO THE CITY OF NEW YORK
FOR INFORMATION THAT WAS CAPTURED WITHIN A PARTICULAR FRAME? MAYBE,
FOR INSTANCE, IN A CIVIL MATTER THERE WAS A DISPUTE ABOUT A PARTY LINE OR
A WALL OR SOME OTHER ISSUE. WHAT WOULD HAPPEN TO THE SUBPOENA?
WHAT WOULD HAPPEN -- WHAT WOULD THE CITY OF NEW YORK DO IN THAT
CASE?
MS. GLICK: I BELIEVE THAT IS BEYOND THE PURVIEW OF
THIS LEGISLATION. I HAVE NO IDEA WHAT WOULD HAPPEN. BUT PERHAPS SOME
MONTHS FROM NOW YOU'LL HAVE AN OPPORTUNITY TO TELL US.
MR. CASTORINA: WELL, THAT'S VERY KIND OF YOU,
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MS. GLICK. AND I ALSO APPRECIATE OUR DEBATES. IT'S ALWAYS, YOU KNOW,
IN GOOD FUN, AND CERTAINLY, I HAVE ENJOYED IT IN MY TIME HERE IN THE
ASSEMBLY. MY POINT IS THAT IF A FRAME CAPTURES SOME ACT, WHETHER IT BE
CRIMINAL WRONGDOING OR SOME -- SOMETHING RELATED TO A CIVIL ISSUE, THAT
THE CITY WOULD THEN BE IN A POSITION TO PROVIDE THAT INFORMATION, TO
PROVIDE THAT DATA IN ANOTHER PROCEEDING. AND MY POINT IS, IF YOU WILL,
WHETHER OR NOT YOU BELIEVE THAT THE CITY PARTICIPATING IN THIS TYPE OF
WHAT I CALL WANTON SWEEPING SURVEILLANCE, IF THEY'RE ACTUALLY PLACING
THEMSELVES IN THE MIDDLE OF A VARIETY OF OTHER ACTIONS THAT COULD BE
TAKING PLACE.
MS. GLICK: LET ME JUST RESPOND THAT I AM ADVISED
THAT, IN FACT, THAT IT COULD NOT BE SUBPOENAED FOR THE PURPOSE OF A CIVIL
ACTION. THERE WOULD HAVE TO BE SOME PROOF OF A CRIMINAL EVENT. AND I
BELIEVE THAT THE GENTLEMAN'S TIME --
ACTING SPEAKER AUBRY: I DO BELIEVE THAT YOUR
TIME AGAIN HAS EXPIRED, MR. CASTORINA. BUT THANK YOU FOR YOUR
PATIENCE.
MR. CASTORINA: THANK YOU.
ACTING SPEAKER AUBRY: MS. GLICK TO CLOSE.
MS. GLICK: WELL, FIRST OF ALL, I'M ALWAYS
APPRECIATIVE OF THE FAR-REACHING LEGAL QUESTIONS THAT ARE PRESENTED ON
THIS LEGISLATION. BUT, HAVING SPENT A GREAT DEAL OF TIME WITH THE
FAMILIES OF PEOPLE LOST IN TRAFFIC ACCIDENTS, YOUNGSTERS ON THEIR WAY TO
SCHOOL, HAVING TALKED TO YOUNG PEOPLE WHO HAVE LOST THEIR BEST FRIENDS,
SOME OF THE DEBATE HERE SEEMS COMPLETELY OUT OF TOUCH WITH THE REALITY
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OF THE LIVES OF THE PEOPLE AND THE FAMILIES WHO HAVE LOST CHILDREN.
THE PURPOSE OF THE BILL IS TO TELL PEOPLE THAT IF YOU SPEED IN A SCHOOL
ZONE, THEY'RE GIVEN FAIR WARNING THAT THEY ARE ENTERING AN AREA, A
SENSITIVE AREA, AND IF THEY CONTINUE TO SPEED 11 MILES-AN-HOUR OVER THE
SPEED LIMIT, THEY RISK BEING SUMMONED FOR SPEEDING. IT IS WITHIN THE
ABILITY OF EACH AND EVERY DRIVER TO AVOID THE POSSIBILITY OF BEING PICKED
UP AS A VIOLATOR IN THIS ALLEGED "MASS SURVEILLANCE ENTERPRISE" BY
SIMPLY STICKING TO THE SPEED LIMIT. OR EVEN IF ONE EXCEEDS THE SPEED
LIMIT BY A FEW MILES AN HOUR, YOU ARE SAFE FROM BIG BROTHER. BUT THE
POINT OF THE LEGISLATION AND THE ATTEMPT BY THE CITY OF NEW YORK TO
UTILIZE TECHNOLOGY THAT WAS NOT PERHAPS AVAILABLE TO US 20 OR 30 YEARS
AGO, AND IT IS NOT POSSIBLE FOR THE CITY OF NEW YORK TO PROVIDE A POLICE
OFFICER AT EACH AND EVERY MAJOR INTERSECTION THAT SURROUNDS THE 1,000
SCHOOL BUILDINGS, THIS IS, AS WE ARE SO OFTEN IN THIS BODY ASKED TO THINK
ABOUT COST TO THE TAXPAYER AND TO UTILIZE METHODOLOGY TO REDUCE THE
COST TO THE TAXPAYER AND USING MORE MODERN OPPORTUNITIES TO ENSURE
THE SAFETY OF THE CITIZENRY, THIS SEEMS LIKE A PRETTY MODEST EXPANSION.
FIFTY CAMERAS A YEAR FOR THREE YEARS TO ENSURE THAT SCHOOL CHILDREN,
THEIR PARENTS, SCHOOL PERSONNEL, AND JUST PEOPLE WHO LIVE IN THE
NEIGHBORHOOD -- ELDERLY PEOPLE, GRANDPARENTS WHO MAY BE TAKING A
CHILD TO SCHOOL -- THAT THEY ARE -- THAT THEIR SAFETY IS PARAMOUNT OVER THE
CONCERNS OF MOTORISTS WHO CHOOSE TO SPEED. THE CAR DOESN'T GO UNLESS
YOU PUT YOUR FOOT ON THE PEDAL. SO, PEOPLE MAKE CHOICES. THEY CAN
CHOOSE NOT TO SPEED IN A SCHOOL ZONE. SO THERE IS NO VIOLATION OF THEIR
CIVIL LIBERTIES OR CIVIL RIGHTS IF THEY STICK TO NOT SPEEDING.
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SO, I ASK ALL OF MY COLLEAGUES TO COME TO THEIR SENSES,
SUPPORT THE LEGISLATION, AND SUPPORT GETTING IT PASSED NOT JUST IN THIS
HOUSE, BUT IN THE OTHER HOUSE BECAUSE THE BOTTOM LINE IS THAT WE
REPEATEDLY SAY, IF THIS WILL SAVE BUT A SINGLE CHILD'S LIFE, WE SHOULD BE
DOING IT. WELL, THIS IS LIKELY TO SAVE THE LIVES OF MANY CHILDREN.
I APPRECIATE YOUR FORBEARANCE, AND I ASK ALL OF MY
COLLEAGUES TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BRAUNSTEIN.
MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A QUICK QUESTION?
ACTING SPEAKER AUBRY: MS. GLICK, WILL YOU
YIELD?
MS. GLICK: YES.
MR. BRAUNSTEIN: DOES THE LEGISLATION REQUIRE
THAT THE TICKETS ARE ONLY ISSUED IF IT'S OVER 11 MILES-PER-HOUR ABOVE THE
SPEED LIMIT?
MS. GLICK: YES.
MR. BRAUNSTEIN: OKAY. THAT'S IT. THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
BRAUNSTEIN.
MR. BRAUNSTEIN: IN THE PAST, I VOTED NO ON
EXTENDING THE SPEED CAMERA SYSTEM IN THE CITY OF NEW YORK. IN MY
DISTRICT, SOME OF MY CONSTITUENTS HAVE FELT THAT THE CITY WAS USING IT AS
A WAY TO GENERATE REVENUE. FROM THE PLACEMENT OF WHERE SOME OF THE
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CAMERAS WERE EARLY ON, I COULD SEE WHERE THEY WOULD MAKE THAT
ASSUMPTION. BUT THE -- THE PROTECTIONS IN THIS BILL, FIRST OF ALL WITH THE
SIGNAGE, AND ALSO WITH REQUIRING THE CITY TO PRIORITIZE PLACING SPEED
CAMERAS IN PLACES BASED ON SPEEDING DATA AND ACCIDENT STATISTICS LEADS
ME TO BELIEVE THAT THIS IS REALLY ABOUT PROTECTING STUDENTS AND NOT REALLY
AN EFFORT TO GENERATE REVENUE.
SO SINCE THE BILL HAS THOSE PROTECTIONS, I FEEL VERY
COMFORTABLE THAT THIS BILL IS BEING INTRODUCED AND IS GOING TO BE
UTILIZED FOR THE RIGHT PURPOSE, WHICH IS PROTECTING OUR STUDENTS. SO I
WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. DENDEKKER TO EXPLAIN HIS VOTE.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. I
WANT TO AMEND -- APPLAUD THE SPONSOR OF THIS BILL. I THINK IT'S A VERY
GOOD BILL. I WOULD LIKE TO SEE MORE BEING DONE IN THE MATTER OF SCHOOL
SAFETY. I'D LIKE TO SEE A SCHOOL CROSSING GUARD AT EVERY CORNER. OR AT
LEAST A TRAFFIC LIGHT ON EVERY CORNER OF EVERY SCHOOL. BUT MOST
IMPORTANTLY, IN MY DISTRICT WE HAVE HAD THREE CHILDREN GET KILLED ON
NORTHERN BOULEVARD; TWO OF THEM WHILE THEY WERE WALKING TO SCHOOL,
AND THEY WERE KILLED BY VEHICLES MAKING TURNS WHILE THE CROSSWALK
WAS GREEN, SAYING "WALK," AND THE CAR HAD A GREEN LIGHT. AND THE CITY
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HAS DONE THIS LEAD PEDESTRIAN LIGHTING, AND I HAVE BEEN ASKING THEM TO
CHANGE THAT BECAUSE I WANT TO BE ABLE TO PREVENT CARS FROM TURNING
WHILE PEOPLE HAVE GREEN WALK SIGNS. AND I THINK IT WOULD BE A VERY
SMART IDEA FOR THE CITY, AS THE SPONSOR JUST SAID ABOUT IF THERE'S ANY
WAY WE CAN SAVE A LIFE, WELL, WE CAN SAVE A LIFE IF WHEN IT SAYS WALK
FOR PEDESTRIANS, CARS DO NOT MOVE AT ALL. AND THEN AFTER THE PEDESTRIANS
CROSS THE STREET, THEN THE LIGHTS SHOULD TURN GREEN FOR VEHICLES.
BUT I WILL BE SUPPORTING THIS BILL AND BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. DENDEKKER IN
THE AFFIRMATIVE.
MR. CASTORINA.
MR. CASTORINA: THANK YOU, MR. SPEAKER. I
WOULD LIKE TO TAKE THIS OPPORTUNITY TO COMMEND THE SPONSOR OF THE BILL.
I THINK THAT THE SPONSOR'S AIMS AND INTENT ARE QUITE LAUDABLE. AND I
THINK THAT WE CAN ALL AGREE THAT WE SHOULD BE DOING WHATEVER WE CAN
TO SAVE LIVES, ESPECIALLY LIVES OF CHILDREN. THERE'S NO QUESTION ABOUT IT.
BUT I THINK THAT THE POINT THAT I'M TRYING TO MAKE IS THAT THERE ARE LESS
RESTRICTIVE MEANS TO DO SO THAT DON'T RUN AMUCK OF OUR CONSTITUTION.
AND THAT WHEN WE LOOK AT OUR INTENT, WE SHOULD FIGURE OUT A WAY TO GET
TO THAT POINT, TO GET TO THAT END RESULT BY FOLLOWING THE LAW, BY MAKING
SURE THAT WE DON'T TRAMPLE UPON OUR CONSTITUTIONAL RIGHTS. IN ADDITION,
THERE CLEARLY ARE ISSUES WITH THE VENDOR THAT IS BEING USED. IT'S AN
OUT-OF-STATE VENDOR. ARE THERE NO NEW YORK STATE VENDORS? I DON'T
KNOW THE ANSWER TO THAT QUESTION, BUT -- BUT THAT'S A GOOD QUESTION, I
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THINK. I THINK WE SHOULD BE PATRONIZING OUR NEW YORK VENDORS,
PARTICULARLY IF THEY EXIST IN THIS REALM. THE SECOND QUESTION IS, WELL,
HOW ARE THEY BEING PAID? ARE THEY BEING PAID PER TICKET THAT'S BEING
ISSUED? IF THEY'RE BEING PAID A COMMISSION BASED UPON EVERY
SUMMONS THAT'S ISSUED, I THINK THAT WE ALL HAVE AN OBLIGATION TO
EXAMINE AND TAKE A STEP FURTHER. FRANKLY, THE INFORMATION WAS NOT
AVAILABLE TODAY, WAS NOT PROVIDED, AND THAT GIVES ME GREAT PAUSE --
GREAT CONCERN FOR PAUSE IN THIS MATTER. I THINK THAT YOU CAN INFER THAT
ANY CORPORATION THAT HAS THE ABILITY TO JUST CONTINUE TO ISSUE
SUMMONSES, WELL, WE HAVE TO MAKE SURE THAT THEY'RE ACTUALLY DOING IT
THE RIGHT WAY IF WE ARE IN AGREEMENT THAT THIS IS CONSTITUTIONAL. I DON'T
BELIEVE IT'S CONSTITUTIONAL. I BELIEVE WE SHOULD BE SAVING LIVES OF
CHILDREN AND MAKING OUR ROADS SAFER, BUT WE CAN DO IT A LESS --
ACTING SPEAKER AUBRY: MR. CASTORINA --
MR. CASTORINA: -- RESTRICTIVE MEANS. THANK YOU
VERY MUCH. I WILL BE VOTING IN THE NEGATIVE.
ACTING SPEAKER AUBRY: AND MR. CASTORINA IS
IN THE NEGATIVE.
MR. ORTIZ.
TWO MINUTES, INDIVIDUALS, LADIES AND GENTLEMEN.
MR. ORTIZ: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I ALSO WOULD LIKE TO COMMEND THE SPEAKER,
AND I WOULD LIKE TO COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION.
IN MY DISTRICT, I REPRESENT -- I REPRESENT THE AREAS OF PARK SLOPE, SUNSET
PARK AND BAY RIDGE FROM 73RD STREET ALL THE WAY DOWN TO 9TH STREET
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ON 4TH AVENUE. WHEN YOU DRIVE THROUGH 4TH AVENUE, WE HAVE A TOTAL
OF -- A TOTAL OF ABOUT 22 SCHOOLS JUST ON THOSE STREETS, FROM 9TH TO 73RD
STREET. ON THOSE -- FROM OUT OF THOSE SCHOOLS, 11 SCHOOLS HAPPEN TO BE
MIDDLE SCHOOL. FOUR SCHOOLS HAPPEN TO BE HIGH SCHOOL, AND THE REST
HAPPEN TO BE ELEMENTARY SCHOOL AND THREE PRE-K SCHOOL. AND EVERY
SCHOOL HAS A TOTAL PROBABLY ABOUT 1,000 STUDENTS WHO ATTEND THIS
PARTICULAR SCHOOLS. SO, THEREFORE, ON 60TH STREET AND 4TH AVENUE WAS A
KID THAT WAS KILLED AS A RESULT OF SOMEBODY BEING DISTRACTED DRIVER,
SPEEDING, AND HIT A CHILD THAT WAS SIX YEARS OLD. ON 47TH STREET, WHICH
I HAVE TWO SCHOOLS; ONE PS SCHOOL -- ONE ELEMENTARY SCHOOL AND ONE
PRESCHOOL ACROSS THE STREET. ANOTHER CHILD, 47TH STREET AND 4TH
AVENUE, ANOTHER CHILD GOT HIT BY A DISTRACTED DRIVER WHO WAS SPEEDING
AND HIT A CHILD, AND THE CHILD DIED.
SO THIS IS -- THIS IS A COMMONSENSE PIECE OF
LEGISLATION. I REMEMBER THE DATE BACK IN 2000, I WAS ON THIS FLOOR
DEBATING BANNING CELL PHONE DRIVERS, WHERE MEMBERS WAS LAUGHING AS
A RESULT THAT PEOPLE WAS ASKING FOR STATISTICS. THEY WAS ASKING FOR
DATA, THEY WAS ASKING FOR MORE NUMBERS. HOW MANY PEOPLE DIED,
FELIX, AS A RESULT OF SOMEBODY DRIVING AND TALKING ON THEIR CELL PHONE?
THAT BEGAN TO BE THE -- THE FUNNY STORY OF THE DAY. BUT IN REALITY, THAT
THIS PARTICULAR BILL, IN -- THE SAME AS THE CELL PHONE BAN AND THE TEXT
MESSAGES, THIS BILL IS ABOUT SAVING LIVES AND PROTECTING OUR CHILDREN.
AND THIS BILL DOES THREE THINGS: NUMBER ONE, BRING LIGHT TO PUBLIC
SAFETY, QUALITY OF LIFE, AND SAVE LIVES.
SO THIS, MY BROTHERS AND SISTERS, THIS IS A
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COMMONSENSE PIECE OF LEGISLATION, AND I ENCOURAGE YOU TO VOTE IN THE
AFFIRMATIVE. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. ORTIZ IN THE
AFFIRMATIVE.
MR. GOTTFRIED.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. I'VE
BEEN LISTENING TO CRIMINAL JUSTICE DEBATES IN THIS CHAMBER FOR A LONG,
LONG TIME, AND I'VE HEARD AN AWFUL LOT OF LEGISLATORS VERY ADAMANTLY
PORTRAYING THEMSELVES AS TOUGH ON CRIME. AND IF YOU ASKED, YOU
KNOW, WHERE'S THE STUDY THAT SHOWS THAT THIS TOUGHER PENALTY THAT
YOU'RE ASKING FOR IS ACTUALLY GOING TO MAKE ANYBODY SAFER, YOU WOULD
BE LOOKED AT LIKE YOU WERE SOMEHOW UN-AMERICAN. BUT THEN I NOTICED
THAT SOME OF THOSE SAME LEGISLATORS WOULD HAVE A VERY DIFFERENT --
DIFFERENT ATTITUDE ON SOME CRIMES, LIKE DRUNK DRIVING. ALL OF A SUDDEN,
THERE WAS A LOT MORE CONCERN ABOUT WHETHER PENALTIES WERE TOO HARSH
OR CERTAIN SEX OFFENSES. THERE WAS A LOT MORE CONCERN ABOUT CIVIL
LIBERTIES, AND WELL, THE COMPLAINANT MIGHT BE LYING, OR, HOW WAS I
SUPPOSED TO KNOW SHE WAS UNDER AGE, ET CETERA. AND I WONDERED, HOW
COME PEOPLE WHO ARE VERY TOUGH ON CRIME, ON SOME CRIMES THEY'RE NOT
SO TOUGH? AND IT DAWNED ON ME. CRIMES THAT MIDDLE-AGED,
MIDDLE-CLASS MEN CAN IMAGINE THAT THEY MIGHT BE ACCUSED OF, THEY TAKE
A VERY DIFFERENT ATTITUDE. ALL OF A SUDDEN, THE CONSTITUTION LOOMS
MUCH LARGER IN THEIR THINKING, AND PROTECTING THE VICTIMS OF THIS CRIME
BECOMES A LITTLE LESS IMPORTANT. I THINK THAT'S A LOT OF WHAT'S GOING ON
HERE TONIGHT.
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I AM DELIGHTED TO VOTE IN THE AFFIRMATIVE ON THIS BILL.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
MS. SIMON.
MS. SIMON: THANK YOU, MR. SPEAKER. I WOULD LIKE
TO COMMEND THE SPONSOR AS WELL. IN MY DISTRICT, WE HAVE LOST TOO
MANY CHILDREN TO SPEEDING CARS. THERE IS NOTHING WE CAN DO MORE TO
PROTECT OUR CHILDREN THEN TO HAVE SPEED CAMERAS AT SCHOOLS WHERE THERE
ARE LARGE NUMBERS OF CHILDREN CROSSING DANGEROUS STREETS. I, FRANKLY,
DO NOT CARE WHETHER IT IS A NEW YORK STATE VENDOR. MY GUESS IS THAT
THE CITY WENT OUT AND FOUND THE CHEAPEST VENDOR THAT WOULD GIVE THEM
THE BEST SERVICE FOR THE LOWEST PRICE, AND WE SHOULD BE THANKFUL THAT
THEY'RE USING A VENDOR THAT IS PROVIDING A QUALITY SERVICE.
THE WHOLE POINT OF THIS BILL IS TO REDUCE THE TRAFFIC
ACCIDENTS AND TO PROTECT CHILDREN'S LIVES, SO I'M VERY PROUD TO SUPPORT
-- TO VOTE IN FAVOR OF THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MR. COLTON.
MR. COLTON: THANK YOU, MR. SPEAKER. THE
PROTECTION OF CHILDREN, ESPECIALLY SCHOOL CHILDREN, AT DISMISSAL TIMES
AND AT TIMES WHEN THEY'RE WALKING IN THE VICINITY OF THE SCHOOL IS OF THE
UTMOST IMPORTANCE. NO ONE WANTS TO SEE A CHILD INJURED BECAUSE OF A
SPEEDING CAR. HOWEVER, I AM DISTURBED BY INDICATIONS THAT THE CITY
HAS NOT BEEN COMPLYING WITH THE REPORTING REQUIREMENTS, BECAUSE IF, IN
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FACT, THIS LEGISLATION AUTHORIZING SOME ADDITIONAL CAMERAS DOES NOT
SERVE TO PROTECT CHILDREN AND THE EVIDENCE DOES NOT SHOW THAT, I WOULD
BE VERY DISTURBED BECAUSE THEN IT'S A MATTER OF RAISING REVENUE, AND
THAT'S SOMETHING THAT I WOULD NOT SUPPORT. SO, I'M ALSO A LITTLE
DISTURBED BY THE FACT THAT THE -- THERE'S A COMMISSION FOR THE PER -- BY
-- FOR THE COMPANY THAT IS INSTALLING AND MAINTAINING THESE CAMERAS,
BECAUSE THAT CERTAINLY GIVES THEM AN INCENTIVE TO HAVE MORE VIOLATIONS.
HOWEVER, BECAUSE I DO BELIEVE IN THE IMPORTANCE OF PROTECTING
CHILDREN, THIS TIME I AM GOING TO VOTE IN THE AFFIRMATIVE ON THIS
LEGISLATION. BUT I'M GOING TO BECOME INCREASINGLY TROUBLED IF THE CITY
FAILS TO MAKE THE REPORTS AND COMPLY WITH THE REQUIREMENTS OF THIS
LEGISLATION AND OF THE PRIOR LEGISLATION WHICH GAVE THEM THE RIGHT TO DO
THAT.
SO, I AM GOING TO VOTE IN THE AFFIRMATIVE, BUT I'M
GOING TO BE REALLY HOLDING THE CITY VERY CAREFULLY TO RE -- REDOING -- TO
COMPLYING WITH THE REQUIREMENTS, THE REPORTING REQUIREMENTS WHICH
DEMONSTRATE WHETHER OR NOT THIS IS SUCCESSFULLY PROTECTING THE LIVES OF
CHILDREN, OR WHETHER IT IS MORE A REVENUE PROCEDURE AND -- AND
TECHNIQUE.
SO, I WITHDRAW MY REQUEST AND I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. COLTON IN THE
AFFIRMATIVE.
MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR
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ALLOWING ME TO EXPLAIN MY VOTE. I FIRST WANT TO THANK THE SPONSOR FOR
INTRODUCING THIS PIECE OF LEGISLATION THAT WOULD EXPAND AND IMPLEMENT
MORE SPEED CAMERAS IN THE SPEED ZONE. YOU KNOW, VERY OFTEN WE
HAVE BILLS THAT COME ACROSS OUR DESKS, AND SOME OF THEM ARE JUST --
SOME OF THEM JUST MAKE MORE SENSE TO PASS. IN THIS PARTICULAR CASE,
THE SPEED CAMERA IN THE SCHOOL ZONE IS A PIECE OF LEGISLATION I FULLY
SUPPORT, SIMPLY BECAUSE I NARROWLY SURVIVED BEING STRUCK BY A CAR
WHEN I WAS 10 YEARS OLD, AND I WOULD NOT WISH THAT ON ANY YOUNG
CHILD. IT HAS CHANGED MY LIFE, CERTAINLY. AND THERE ARE MANY CHILDREN
WHO GET HIT BY A CAR WHO MAY NOT HAVE A SECOND CHANCE IN LIFE.
SO, MR. SPEAKER, I WOULD IMPLORE THAT EVERYBODY
SUPPORT THIS BILL. I DO WANT TO MENTION THAT IN MY NEIGHBORHOOD, THERE
WERE FOUR YOUNGSTERS WHO WERE STANDING AT THE CORNER WHO GOT HIT BY A
SPEEDING CAR; A CAR THAT WAS DRIVING -- A RECKLESS DRIVER THAT WAS
DRIVING AT THE RATE OF 60 OR 70 MILES PER HOUR. UNBELIEVABLE. THESE
CHILDREN, THEY SURVIVED, BUT THEY ARE PERMANENTLY DAMAGED. SO, AGAIN,
I THINK THIS BILL IS NEEDED. IT'S IMPERATIVE. WE NEED TO FOCUS ON
IMPLEMENTING WAYS TO KEEP OUR CHILDREN SAFE, AS WELL AS OUR
COMMUNITY.
SO, I WILL VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE
AFFIRMATIVE.
MS. WILLIAMS.
MS. WILLIAMS: THANK YOU, MR. SPEAKER. FIRST, I
WOULD LIKE TO COMMEND THE SPEAKER FOR THIS -- THE SPONSOR FOR THIS
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PIECE OF LEGISLATION. I, TOO, AS A PARENT, FOR MANY YEARS HAVE WALKED
MY KIDS TO SCHOOL AND HAVE HAD TO REALLY BATTLE THE TRAFFIC OF CROSSING
THE SCHOOL. AND I UNDERSTAND THAT THE INTENT OF THIS BILL IS TO PROTECT
CHILDREN, BUT ALSO, THE INTENT OF THIS BILL WILL ALSO PROTECT THOSE WHO ARE
WALKING THEIR CHILDREN TO SCHOOL, AND EVEN MORE SO, OUR SCHOOL
CROSSING GUARDS.
SO, I VOTE -- VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. WILLIAMS IN THE
AFFIRMATIVE.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I
GENERALLY DISTRUST CAMERA EVIDENCE, AND USUALLY DON'T SUPPORT THIS TYPE
OF LEGISLATION. BUT I WAS CONVINCED TO JOIN ON TO THIS BILL, FIRST BECAUSE
I THINK THAT THE CITY SHOULD NOT HAVE TO STOP A PROGRAM THAT'S ONGOING,
RIGHT IN THE MIDDLE. AND I'M CONCERNED THAT THEY HAVEN'T SUPPLIED THE
EVIDENCE THAT THEY SHOULD BE SUPPLYING. BUT I DO THINK THEY SHOULD BE
ALLOWED TO CONTINUE WITH THE PROGRAM WHILE WE'RE LOOKING AT THE
EVIDENCE.
SECONDLY, I THINK THIS BILL IS A MUCH BETTER BILL THAN
WE'VE HAD IN THE PAST. IT SEEMS TO BE A CAREFULLY-DESIGNED SCHEME WITH
LIMITED AND REASONABLE NUMBER OF CAMERAS IN SOME SENSITIVE AREAS
AROUND OUR SCHOOLS. AND THERE'S ALSO A POSTED NOTICE REQUIREMENT,
WHICH SHOWS THAT WE'RE MORE CONCERNED ABOUT SAFETY THAN WE ARE WITH
RAISING REVENUE. I WOULD LIKE TO SEE THE REPORTS COME IN AS THEY'RE
SUPPOSED TO COME IN. I WOULD ALSO LIKE TO SEE A STATE REVIEW OF THE USE
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OF THESE CAMERAS. AND I'M VERY CONCERNED ABOUT THE ADJUDICATION
BUREAUS, WHERE IT'S ALMOST IMPOSSIBLE TO -- TO DEFEAT A -- AN ALLEGATION
WHERE THE DEFENDANT IS -- IS, IN FACT, INNOCENT. SO I THINK THAT THERE ARE
A LOT HAS TO BE DONE IN THIS AREA, BUT I THINK ON BALANCE, WE HAVE TO GO
FORWARD AND ALLOW THE CITY OF NEW YORK TO CONTINUE THE PROGRAM IN
HOPES THAT WE KEEP THE STREETS AROUND THE SCHOOLS SAFE.
SO, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10810, RULES REPORT
NO. 287, PEOPLES-STOKES, ARROYO, COOK. AN ACT TO AMEND THE VEHICLE
AND TRAFFIC LAW AND THE PUBLIC OFFICERS LAW, IN RELATION TO
ESTABLISHING IN THE CITY OF BUFFALO A DEMONSTRATION PROGRAM
IMPLEMENTING SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED
ZONES BY MEANS OF PHOTO DEVICES; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: OF COURSE, MR. SPEAKER.
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ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
YIELDS.
MR. GOODELL: THANK YOU VERY MUCH. MR.
CASTORINA HAS AUTHORIZED ME TO ASK A FEW QUESTIONS.
(LAUGHTER)
I -- I ASSUME -- I ASSUME THIS BILL IS VIRTUALLY IDENTICAL
TO THE BILL WE JUST DISCUSSED.
MRS. PEOPLES-STOKES: YES, ACTUALLY IT IS, WITH
THE EXCEPTION OF THE FACT THAT BUFFALO IS OBVIOUSLY A MUCH SMALLER CITY,
SO IT HAS A LOT LESS SCHOOLS. THERE'S ONLY ABOUT 70 OR SO OF THEM. THIS
BILL IS ONLY ASKING FOR A DEMONSTRATION FOR 20 SCHOOLS. AND JUST TO BE
MINDFUL, MOST OF BUFFALO CITY SCHOOLS ARE ON RESIDENTIAL STREETS.
THEY'RE NOT ON STREETS THAT HAVE FOUR LANES OF TRAFFIC, THEY'RE ON STREETS
THAT HAVE ONE LANE OF TRAFFIC, MAYBE TWO, AND PROBABLY PARKING ON
EITHER ONE OR BOTH SIDES.
MR. GOODELL: NOW, WE HEARD THAT THE
DEMONSTRATION PROJECT THAT WENT FORWARD IN NEW YORK CITY FIVE YEARS
AGO REQUIRED A NUMBER OF QUESTIONS TO BE ANSWERED AS PART OF OUR
REPORT. I ASSUME ALL OF THOSE QUESTIONS WERE SERIOUS. AND I SEE THAT
THIS BILL, LIKEWISE, ASKS FOR A REPORT ON ALL THAT DATA. IS THAT CORRECT?
MRS. PEOPLES-STOKES: THAT'S CORRECT.
MR. GOODELL: NOW, THE NEW YORK CITY VERSION
REQUIRED THAT REPORT BE GIVEN ANNUALLY, AND THE CITY VIOLATED THAT
REPORTING REQUIREMENT ANNUALLY. HOW OFTEN IS THIS REPORT REQUIRED FOR
THE CITY OF BUFFALO?
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MRS. PEOPLES-STOKES: ONCE DURING THE
DEMONSTRATION PROJECT AND ONCE AFTER.
MR. GOODELL: AND IS THERE ANY SANCTION IF IT'S NOT
PROVIDED? IS THERE A FINE OR A PENALTY OR ANYTHING OF THAT NATURE?
MRS. PEOPLES-STOKES: NO, THERE'S NO SANCTION
IF IT'S NOT PROVIDED. BUT I CAN TELL YOU THAT MY -- MY OFFICE IS NOT FAR
FROM CITY HALL, AND SO I WILL BE INTERESTED IN THIS DATA. I KNOW THAT THE
SAFE KIDS WORLDWIDE HAS DONE SOME RESEARCH, YOU KNOW, AND FOUND
THAT A LOT OF CHILDREN DO DIE AS A RESULT OF TRYING TO MANAGE TRAFFIC
AROUND SCHOOL AREAS. AND SO, IT'S GOING TO BE -- THIS IS NOT JUST AN
OPPORTUNITY FOR ANYONE TO TAKE ADVANTAGE OF RAISING RESOURCES. THIS IS
AN OPPORTUNITY TO SAVE CHILDREN'S LIVES. AND SO FOR ME, IT'S PASSION.
AND SO, I -- IF I DON'T GET THE REPORT IN A YEAR, THEN I'M GOING ASK FOR IT.
I'M GONNA GO GET IT. AND I THINK THAT IT WILL HAVE TO BE DELIVERED
BECAUSE IT'S REQUIRED BY THE LAW.
MR. GOODELL: I CERTAINLY APPRECIATE YOUR
DETERMINATION AND WISH YOU THE BEST OF LUCK IN THAT ENDEAVOR.
MRS. PEOPLES-STOKES: THANK YOU.
MR. GOODELL: IN MY DISTRICT -- AND I KNOW IT'S
DIFFERENT THAN BUFFALO -- BUT IN MY DISTRICT, OUR LOCAL POLICE OFFICERS
ROUTINELY ENSURE THAT THE SPEED LIMIT IS COMPLIED WITH NEAR SCHOOLS,
AND FORTUNATELY, WE HAVE NOT HAD A SCHOOL INJURY INVOLVING A CAR AND A
STUDENT IN RECENT MEMORY. IS THERE ANY REASON WHY THE CITY OF BUFFALO
DOESN'T PROVIDE AN APPROPRIATE LEVEL OF LAW ENFORCEMENT NEAR SCHOOLS?
MRS. PEOPLES-STOKES: I'M NOT SURE THAT THEY
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DON'T PROVIDE A -- AN APPROPRIATE LEVEL. I MEAN, IT DEPENDS ON WHO IS
DECIDING WHAT'S APPROPRIATE FOR THE MUNICIPALITY THAT THEY LIVE IN AND
THAT -- AND THAT THEY SERVE. I WILL SAY THAT THERE ARE CROSSING GUARDS AT
-- AT MOST SCHOOLS, AND EVEN IN SOME CASES, PARTICULARLY AT HIGH
SCHOOLS, THERE ARE OFFICERS THERE, PRESENT ALL DAY.
MR. GOODELL: ONE OF THE THINGS THAT WAS VERY
EFFECTIVE IN MY DISTRICT IS THAT THE SCHOOL SPEED LIMIT SIGN HAD FLASHING
YELLOW LIGHTS ON IT, SO IT WAS IMPOSSIBLE TO MISS THE SIGN. IS THAT THE
SITUATION IN THE CITY OF DUNKIRK AS WELL?
MRS. PEOPLES-STOKES: I'M NOT SURE ABOUT
DUNKIRK, BUT I'M SURE IT'S NOT BUFFALO.
MR. GOODELL: BUT LOOKING AT THE SPECIFICS OF THIS
BILL, IT'S A DEFENSE IF AN OWNER RECEIVES ONE OF THESE TICKETS IF THE OWNER
CAN ESTABLISH THAT THE CAR WAS STOLEN AT THE TIME THE PICTURE WAS TAKEN,
AND IT'S A DEFENSE IF THE OWNER OF THE CAR WAS LEASING IT TO A THIRD-PARTY
AT THE TIME OF THE OFFENSE. IS THERE ANY OTHER DEFENSE THAT'S AVAILABLE TO
AN OWNER?
MRS. PEOPLES-STOKES: I THINK THAT'S IT.
MR. GOODELL: I DO NOTE, THOUGH, THAT THE OWNER
COULD RAISE AS A DEFENSE -- AND I APOLOGIZE THAT I DIDN'T MENTION THIS
EARLIER -- COULD RAISE AS -- AS A DEFENSE THAT THE MONITORING --
MONITORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED
OFFENSE.
MRS. PEOPLES-STOKES: THEY COULD.
MR. GOODELL: NOW, YOUR BILL PROVIDES THAT THE
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PHOTO IDENTIFICATION EQUIPMENT IS ONLY CALIBRATED ONCE A YEAR. IS THAT
CORRECT?
MRS. PEOPLES-STOKES: SO, THEY HAVE TO DO A
TEST ON A DAILY BASIS.
MR. GOODELL: BUT THE CALIBRATIONS -- I'M LOOKING
AT PAGE 26, LINES 41 AND 42 -- IT'S ONLY CALIBRATED ONCE A YEAR.
MRS. PEOPLES-STOKES: THAT'S -- THAT'S STANDARD.
IT'S THE QUALITY OF THE CAMERA.
MR. GOODELL: SO IF A DEFENDANT WANTS TO ASSERT AS
A DEFENSE THAT THE CAMERA WAS MALFUNCTIONING, IS IT THEN THE
RESPONSIBILITY OF THE CITY TO REMOVE THE CAMERA AND MAKE IT AVAILABLE
TO THE DEFENDANT FOR INDEPENDENT INSPECTION?
MRS. PEOPLES-STOKES: EXACTLY.
MR. GOODELL: I'M SORRY?
MRS. PEOPLES-STOKES: YES.
MR. GOODELL: YES? AND THAT WOULD BE AT CITY
EXPENSE?
MRS. PEOPLES-STOKES: YES.
MR. GOODELL: IS IT A DEFENSE TO THIS CHARGE IF THE
DRIVER CAN PROVE CONCLUSIVELY -- OR THE OWNER CAN PROVE CONCLUSIVELY
THAT HE WAS NOT OR SHE WAS NOT DRIVING THE CAR AT THE TIME OF THE
OFFENSE? FOR EXAMPLE, MAYBE THE OWNER WAS ON VACATION IN FLORIDA
AND CAN PROVE THAT CONCLUSIVELY. IS THAT A DEFENSE?
MRS. PEOPLES-STOKES: IF THE OWNER WAS IN
FLORIDA AND THEY CAN PROVE THAT, I'M PRETTY SURE THAT WOULD BE A
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DEFENSE. MUCH LIKE IF YOU GET A SPEEDING TICKET NOW AND THERE'S NO
CAMERA, YOU GET THE RIGHT LAWYER, YOU WILL NOT PAY AND YOU WILL NOT GET
ANY CHARGES ON -- ON YOUR RECORD, ON YOUR INSURANCE. SO, IT DEPENDS ON
THE KIND OF DEFENSE THAT YOU HAVE WHEN YOU PRESENT WHATEVER YOUR
ISSUES ARE.
MR. GOODELL: THANK YOU VERY MUCH FOR THOSE
OBSERVATIONS.
MRS. PEOPLES-STOKES: YOU KNOW, AND IN SOME
WAYS, YOU KNOW, THEIR INSURANCE -- AND IN OTHER WAYS THEY -- IF YOU LET
SOMEBODY USE YOUR VEHICLE, THERE IS SOME LIABILITY. I'M SURE YOU KNOW
THAT.
MR. GOODELL: THANK YOU VERY MUCH, MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: YOU'RE WELCOME.
MR. GOODELL: I APPRECIATE YOUR COMMENTS.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: MY COLLEAGUES ON THE PREVIOUS BILL
OUTLINED A NUMBER OF CONCERNS. I'M NOT GOING OVER ALL THOSE. I AM STILL
CONCERNED, THOUGH. THIS IS AN UNUSUAL BILL IN THE SENSE THAT THE BILL
DOES NOT EXPRESSLY PROVIDE THAT AN OWNER CAN DEFEND THEMSELVES BY
SAYING, IT WAS NOT ME. AND THIS IS UNUSUAL IN THE SENSE THAT WE ARE
IMPOSING A PENALTY ON A PERSON BASED ON ACTION THAT MAY HAVE
OCCURRED WITHOUT THEIR KNOWLEDGE OR CONSENT. AND THAT RAISES A WHOLE
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HOST OF OTHER DUE PROCESS ISSUES IN ADDITION TO THE ISSUES THAT WERE
RAISED BY MY COLLEAGUES. I WILL ALSO NOTE THAT THIS PROGRAM IN NO WAY
SHOULD BE CONSIDERED A SUBSTITUTE FOR ALL THE OTHER MEANS THAT SHOULD
BE ENGAGED IN BY THE LOCAL MUNICIPALITY TO ENSURE THE SAFETY OF OUR
CHILDREN. AND SO, I WOULD ENCOURAGE THE CITY OF BUFFALO TO PROVIDE AN
ADEQUATE LEVEL OF LAW ENFORCEMENT. TO ENSURE THAT THERE ARE
APPROPRIATE SPEED LIMIT SIGNS. TO ADD THE FLASHING LIGHTS, IF THAT'S NOT
ALREADY DONE. TO PROVIDE THE CROSSING GUARDS. AND IF NONE OF THAT
WORKS, TO CONSIDER CLOSING DOWN THE STREET DURING CERTAIN TIMES OF THE
DAY, OR LIMITING ACCESS TO PROTECT THE LIVES AND SAFETY OF OUR CHILDREN.
APPROVING A SYSTEM THAT VIOLATES DUE PROCESS, THAT CONFRONTATIONAL
CLAUSE AND OTHER CONSTITUTIONAL PROTECTIONS, IS NOT A SUBSTITUTE FOR DOING
IT THE RIGHT WAY TO PROTECT OUR CHILDREN FROM DANGER.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: A HOME RULE MESSAGE
IS AT THE DESK SHOULD BE NOTED.
MRS. PEOPLES-STOKES TO --
MRS. PEOPLES-STOKES: ON THE BILL, MR.
SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL.
MRS. PEOPLES-STOKES: YES, ON THE BILL. MR.
SPEAKER, I APPRECIATE THE OPPORTUNITY TO BRING THIS BILL FORTH IN THE
INTEREST OF THE CITY OF BUFFALO AND ITS CHILDREN. AND I DO HEAR MY
COLLEAGUES WHO QUESTION THE CONSTITUTIONALITY OF THIS AS AN ISSUE. I --
IT -- IT'S A BIT CONCERNING TO ME ABOUT THE NUMBER OF CAMERAS THAT ARE
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GENERALLY IN OUR SOCIETY, ALL OVER. THERE'S NOT A LOT OF PLACES YOU CAN
GO WHERE THERE AREN'T ANY CAMERAS. AND, YOU KNOW, I'M CHARGED TO
REMEMBER THAT IN THIS LEGISLATION, EVEN THOUGH THERE'S BEEN A PICTURE
TAKEN OF A PERSON GOING 10 MILES OVER THE SPEED LIMIT, THERE IS A
TECHNICIAN WHO GETS TO ANALYZE THAT PHOTO AND DECIDE WHETHER OR NOT
IT'S A CRIME. AND I WOULD SUSPECT THAT IF THERE IS SOME ADJUDICATION
AROUND WHETHER IT WAS A CRIME OR NOT, THAT THAT TECHNICIAN WOULD HAVE
TO BE THERE TO HAVE THE FULL DISCUSSION ON WHY THEY THOUGHT THIS PERSON
HAD ACTUALLY VIOLATED THE INTENT OF THE LAW. I BELIEVE THAT THIS IS A GREAT
OPPORTUNITY WITHIN THE NEXT FIVE YEARS TO DEMONSTRATE THAT IF PEOPLE
KNOW WHERE THEY HAVE TO -- THEY HAVE TO FOLLOW THE LAW, THEY WILL.
THERE ARE A LOT OF PEOPLE WHO ALREADY KNOW WHAT THE LAW IS, MR.
SPEAKER, BUT THAT DOESN'T MEAN THAT THEY FOLLOW IT. AND QUITE HONESTLY,
I HAVE SAT MYSELF AT A GREEN LIGHT, IT WAS MY TURN TO GO THROUGH THE
INTERSECTION, AND I HAD TO WAIT FOR OTHER CARS TO GO. NOW, THIS IS NOT
ABOUT INTERSECTION RIGHT HERE, THIS IS ABOUT CHILDREN. BECAUSE IF IT
HAPPENS THERE, THAT SAME PERSON COULD BE DRIVING ON THE SAME STREET
THAT THE KID IS GETTING OFF THE BUS FROM, TRYING TO GET INTO THE SCHOOL
BUILDING. AND SO I THINK AT SOME POINT WE HAVE TO MAKE PEOPLE
RESPONSIBLE FOR FOLLOWING THE INTENT OF THE RULES OF LAW, AND THIS IS A
GREAT OPPORTUNITY FOR US TO BEGIN THAT INITIATIVE IN THE CITY OF BUFFALO.
SO I THANK MY COLLEAGUES FOR CONSIDERING THE VOTE. I
THANK MY COLLEAGUES FOR TAKING THE VOTE IN THE INTERESTS OF THE CHILDREN
OF THE CITY OF BUFFALO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
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PEOPLES-STOKES.
MR. DIPIETRO.
MR. DIPIETRO: WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, OF COURSE, MR.
SPEAKER.
ACTING SPEAKER AUBRY: SHE YIELDS.
MR. DIPIETRO: I KNOW YOU ARE VERY CLOSE TO THE
MAYOR'S OFFICE, CRYSTAL, AND I'LL -- I'LL JUST SAY THAT IF ANYONE COULD GO
IN THERE AND CREATE HAVOC, YOU WOULD. SO I BELIEVE WE WILL GET THOSE
REPORTS. JUST A QUICK QUESTION. IS THIS THE SAME COMPANY THAT'S BEING
USED IN NEW YORK CITY?
MRS. PEOPLES-STOKES: I AM NOT FAMILIAR WITH
WHO THE MAYOR'S PROCUREMENT DEPARTMENT IS LOOKING AT TO FULFILL THIS
CONTRACT IF THEY ARE ABLE TO GET IT THROUGH THIS VOTE.
MR. DIPIETRO: OKAY, SO YOU DON'T KNOW IF IT'S THAT
ARIZONA COMPANY, OR --
MRS. PEOPLES-STOKES: I HAVE NOT A CLUE.
MR. DIPIETRO: OKAY. SO YOU DON'T KNOW. DO YOU
KNOW IF IT'S THE SAME THING WHERE THEY GET A PERCENT -- OR GET MONEY
OFF OF IT, THE COMPANY MAKES MONEY? IS IT A FOR-PROFIT -- YOU DON'T
KNOW THAT, OR DO YOU --
MRS. PEOPLES-STOKES: I AM NOT SURE ABOUT THAT,
EITHER, MR. DIPIETRO. I DO KNOW THAT IN THE CITY OF BUFFALO THERE ARE A
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NUMBER OF CAMERAS THAT ARE MONITORED ON REGULAR BASIS BY THE BUFFALO
POLICE DEPARTMENT. THEY HAVE LITTLE BLUE LIGHTS ON THEM. YOU CAN SEE
WHERE THEY ARE ALL OVER THE PLACE.
MR. DIPIETRO: YES, I KNOW. OKAY. NO, I JUST
DIDN'T -- I WANTED TO ASK THOSE QUESTIONS. THANK YOU, MRS. STOKES.
MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME.
MR. DIPIETRO: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
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.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I -- I'M COMPELLED TO RISE AND THANK THE SPONSOR OF THE
PREVIOUS BILL FOR THE LENGTHY DEBATE THAT SHE WENT THROUGH ON THE EXACT
SAME ISSUE, WHICH IN MANY CASES I -- I THINK, YOU KNOW, KIND OF MADE
THIS DEBATE A LITTLE SHORTER. SO, I -- I WANT TO THANK THE MEMBER FOR HER
EFFORTS THERE. BUT I ALSO WANT TO REMIND MY COLLEAGUES THAT AS WE
MOVE, YOU KNOW, DEEPER AND DEEPER INTO THE AGE OF TECHNOLOGY, INTO
ARTIFICIAL INTELL -- INTELLIGENCE AND ALL THESE SORTS OF THINGS THAT WILL
HAVE A -- A DIFFERENT LEVEL OF CONTROL OVER OUR LIVES, THAT IT IS MORE
IMPORTANT THAN EVER THAT WE GET ON THE RIGHT PAGE WITH UNDERSTANDING
THAT THERE IS A RULE OF LAW. AND EVEN IF WE DON'T LIKE IT, WE STILL HAVE TO
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ADHERE TO IT. AND SO, IF THIS IS SOMETHING THAT CAN HELP PEOPLE
UNDERSTAND THAT, THEN I THINK IT'S THE RIGHT THING TO DO.
WITH THAT, MR. SPEAKER, I WITHDRAW MY REQUEST AND
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, MR. SPEAKER. I
WOULD LIKE TO TAKE UP RULES REPORT NO. 1 -- 123, 1-2-3, BY MR.
ENGLEBRIGHT. IT'S ON PAGE NINE OF THE MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: 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.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
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SPEAKER. I'M VERY PLEASED TO LET MY COLLEAGUES KNOW THAT EVEN THOUGH
IT'S, YOU KNOW, 20 OF 10, THERE'S ESPRESSO WITH LOTS OF NICOTINE AND
CAFFEINE -- NOT NICOTINE, CAFFEINE --
(LAUGHTER)
AND -- AND -- AND SO I -- I WAS ABLE TO USE THAT SLIGHT
BREAK TO REFRESH MY CUP.
MR. ENGLEBRIGHT, WOULD YOU YIELD FOR A QUESTION?
MR. ENGLEBRIGHT: YES.
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT
YIELDS.
MR. GOODELL: THIS BILL -- LOOKING AT PAGE 3 OF
YOUR BILL ON -- STARTING ON LINE 24, IT PROHIBITS ANY PETROLEUM VESSEL
FROM TRANSPORTING ANY CRUDE OIL PRODUCED WITHIN THIS REGION DESIGNATED
BY THE BILL FROM TRAVELING THROUGH NEW YORK COASTAL WATERS. IS THAT
CORRECT?
MR. ENGLEBRIGHT: THAT WOULD BE VESSELS
ASSOCIATED WITH THE PRODUCTION OF OIL AND GAS FROM WELL DRILLED ON OUR
CONTINENTAL SHELF, YES.
MR. GOODELL: AND THAT OIL AND GAS THAT'S
PRODUCED, IS THERE ANY SIGNIFICANT DIFFERENCE IN ITS CHEMICAL
COMPOSITION COMPARED TO OTHER OIL AND GAS PRODUCED AROUND THE
WORLD?
MR. ENGLEBRIGHT: WE -- YOU'RE ASKING A
HYPOTHETICAL QUESTION, BECAUSE WE DON'T HAVE ANY SAMPLES BECAUSE WE
HAVEN'T DONE ANY DRILLING HERE. I ANTICIPATE, THOUGH, THAT THIS WOULD BE
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VERY SIMILAR TO OTHER PLACES IN -- IN THE CONTINENTAL SHELF AREAS OF THE
WORLD, YES.
MR. GOODELL: SO THE ONLY REASON THE
TRANSPORTATION WOULD BE BANNED WOULD NOT BE BECAUSE OF THE CHEMICAL
COMPOSITION OF THE OIL, BUT FROM THE LOCATION FROM WHICH IT WAS
OBTAINED?
MR. ENGLEBRIGHT: I THINK THAT WOULD BE FAIR TO
SAY.
MR. GOODELL: THANK YOU. NO OTHER QUESTIONS.
MR. ENGLEBRIGHT: THANK YOU.
MR. GOODELL: ON -- ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THE UNITED STATES CONSTITUTION
PROHIBITS STATES FROM BANNING INTERSTATE COMMERCE. IT'S A FUNDAMENTAL
PREMISE OF OUR CONSTITUTIONAL FORM OF GOVERNMENT THAT'S BEEN IN PLACE
SINCE THE FIRST CONSTITUTION. THIS BILL MAKES IT ILLEGAL TO TRANSPORT
CERTAIN OIL AND GAS PRODUCTS THROUGH NEW YORK STATE, EVEN THOUGH
THERE'S ABSOLUTELY NO CHEMICAL DIFFERENTIATION THAT WOULD JUSTIFY A
COMPLETE BAN. SO YOU CAN HAVE A TANKER TRUCK FILLED WITH THOUSANDS OF
GALLONS OF HIGHLY-REFINED GASOLINE TRAVELING THROUGH DOWNTOWN NEW
YORK CITY; THAT'S OKAY. BUT THIS BILL WOULD PROHIBIT CRUDE OIL FROM
BEING TRANSPORTED ANYWHERE IN NEW YORK WATERS. AND,
UNFORTUNATELY -- OR FORTUNATELY, THAT VIOLATES IN THE MOST BASIC AND
STRAIGHTFORWARD WAY THE COMMERCE CLAUSE TO THE U.S. CONSTITUTION.
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AND AS A RESULT, I WOULD RECOMMEND THAT MY COLLEAGUE CONSIDER
AMENDING THAT IF WE SEE FUTURE VARIATIONS.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. I WOULD LIKE TO
TAKE UP CALENDAR NO. 676 BY MR. TITONE ON PAGE 80.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO -- ASSEMBLY NO.
A08697, CALENDAR NO. 676, TITONE, GOTTFRIED, ABINANTI, SIMON,
D'URSO, GALEF, PELLEGRINO. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO PROHIBITING MANDATORY ARBITRATION CLAUSES IN CONTRACTS WITH
RESIDENTIAL HEALTH CARE FACILITIES AND RESIDENTS OF SUCH FACILITIES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. TITONE.
MR. TITONE: THANK YOU, MR. SPEAKER. THIS BILL
WOULD PROHIBIT RESIDENTIAL HEALTHCARE FACILITIES FROM INCLUDING
MANDATORY ARBITRATION AGREEMENTS IN CONTRACTS WITH THEIR RESIDENTS. IT
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WOULD PROTECT RESIDENTS AND THEIR FAMILIES OF RESIDENTIAL HEALTHCARE
FACILITIES FROM BEING FORCED INTO POTENTIALLY UNFAVORABLE AND
HORNSWOGGLE ARBITRATION.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
MR. TITONE: OF COURSE.
ACTING SPEAKER AUBRY: MR. TITONE YIELDS,
MR. RA.
MR. RA: JUST A COUPLE QUICK QUESTIONS HERE. SO,
OBVIOUSLY, THESE ARE, YOU KNOW, AGREEMENTS THAT ARE ENTERED INTO WHEN
SOMEBODY'S ENTERING ONE OF THESE FACILITIES, WHETHER IT'S A PATIENT OR
THEIR FAMILY. AND THE CONCERN THAT'S ALWAYS GOING TO COME UP IF WE'RE
GETTING RID OF ARBITRATION CLAUSES IS -- IS THE POTENTIAL FOR, YOU KNOW,
INCREASED COSTS AND TIME WHEN IT COMES TO ADJUDICATING THESE -- THESE
SITUATIONS. IS THERE A PARTICULAR ISSUE WE HAVE IDENTIFIED WITH -- WITH
RESIDENTIAL HEALTHCARE FACILITIES?
MR. TITONE: WELL, FIRST OF ALL, LET'S BE CLEAR ON
SOMETHING. WE'RE NOT GETTING RID OF ARBITRATION CLAUSES. WHAT WE'RE
SAYING IS THAT WHEN THE -- THE RESIDENT ENTERS INTO A FACILITY, THE NURSING
FACILITY CANNOT FORCE UPON THE FAMILY OR THAT RESIDENT A CONTRACT WHICH
HAS A MANDATORY ARBITRATION AGREEMENT. THAT'S NOT TO SAY -- AND THIS IS
VERY -- THIS IS WHERE IT'S DIST -- DISTINGUISHABLE FROM ANYTHING THAT
WE'VE SEEN BEFORE -- THAT'S NOT TO SAY THAT IF AN ISSUE ARISES DOWN THE
LINE THAT THE PARTIES CAN'T CONSENT TO OR AGREE TO GO TO ARBITRATION.
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MR. RA: OKAY. BUT THEY CAN'T -- THEY CAN'T ENTER
INTO A CONTRACT THAT CONTAINS A MANDATORY ARBITRATION CLAUSE.
MR. TITONE: NOT AT THE INITIAL ADMISSION INTO THE
FACILITY, NO.
MR. RA: OKAY. JUST -- CAN YOU JUST ELABORATE ON --
SO, YOU KNOW, THERE'S BEEN A LOOK AT DIFFERENT LEVELS, INCLUDING AT THE
FEDERAL LEVEL, IN TERMS OF, YOU KNOW, THE USE OF THESE AGREEMENTS OR
THESE CLAUSES AND AGREEMENTS. SO IS THERE MORE OF A BENEFIT TO BANNING
THEM OR PERHAPS PUTTING IN VERY SPECIFIC PARAMETERS AS TO, YOU KNOW,
THINGS THAT WOULD NEED TO BE MET IN TERMS OF INFORMED CONSENT AND --
AND MAYBE NARROWING WHAT TYPE OF PROVISIONS THERE COULD BE BETWEEN
THE TWO ENTITIES?
MR. TITONE: YES, WELL, CERTAINLY THERE ARE
PROPOSALS THAT ARE BEING CONSIDERED BY THE FEDERAL GOVERNMENT, NONE
OF WHICH HAS BEEN ADOPTED AS OF YET. WE SAW IN THE PAST
ADMINISTRATION PRESIDENT OBAMA PUT IN CERTAIN POLICIES WHICH THE
TRUMP ADMINISTRATION PRESENTLY IS LOOKING ON -- AT LOOKING AT ROLLING
BACK ON. THERE SOME PROPOSED FIXES TO THE PROBLEM THAT OCCURS WHEN
YOU HAVE A MANDATORY ARBITRATION AGREEMENT, PARTICULARLY FOR SUCH A
VULNERABLE POPULATION, BUT THERE'S NOTHING IN PLACE RIGHT NOW AND THAT'S
WHY IT'S IMPORTANT THAT WE DO THIS NOW.
MR. RA: THANK YOU VERY MUCH.
MR. TITONE: THANK YOU, MR. RA.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY JUNE 18, 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.)
(PAUSE)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: YES, SIR. I WOULD LIKE TO TAKE UP
CALENDAR NO. 803 BY MR. THIELE. IT'S ON PAGE 87 OF THE MAIN
CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: SENATE NO. S07300, CALENDAR NO.
803, SENATOR LAVALLE (A08937, THIELE). AN ACT TO AMEND THE TO REPEAL
ARTICLE 23 OF THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO THE
ESTABLISHMENT OF A NEW YORK SEAFOOD MARKETING TASK FORCE AND
RELATING TO STATE AGENCIES HAVING SEAFOOD MARKETING ROUNDTABLE
MEETINGS WITH RELEVANT STAKEHOLDERS; AND PROVIDING FOR THE REPEAL OF
CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. THIELE, WILL YOU
YIELD?
MR. THIELE: I WILL YIELD.
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ACTING SPEAKER AUBRY: MR. THIELE YIELDS.
NO RHYMES.
MR. GOODELL: THANK YOU VERY MUCH, MR. THIELE.
LAST YEAR YOU INTRODUCED A BILL THAT ESTABLISHED THE NEW YORK SEAFOOD
MARKETING TASK FORCE, AND APPARENTLY THAT BILL HAD UNANIMOUS
SUPPORT, ENTHUSIASTIC SUPPORT IN THIS ASSEMBLY CHAMBER. WHAT DOES
THIS BILL DO?
MR. THIELE: THIS BILL IS A CHAPTER AMENDMENT TO
THAT BILL. WHEN THE BILL WAS SIGNED, THE GOVERNOR HAD REQUESTED SOME
AMENDMENTS, WHICH WE EXCEEDED TO. AND LET ME GIVE YOU A LITTLE BIT
OF THE CONTEXT IN WHICH THAT AROSE. THIS LEGISLATION THAT WE PASSED LAST
YEAR, AS YOU SAID, WAS A SEAFOOD MARKETING TASK FORCE, AND THE
GENESIS OF THAT BILL WAS TO PROVIDE -- WAS CAME FROM CORNELL
COOPERATIVE EXTENSION, WHO BROUGHT -- WHO HAS A MARINE PROGRAM THAT
PROVIDES ADVICE TO THE SEAFOOD INDUSTRY, TO THE COMMERCIAL FISHING
INDUSTRY, AND THEY HAD BROUGHT TO OUR ATTENTION THAT OTHER STATES HAD
SIMILAR LEGISLATION -- MASSACHUSETTS, RHODE ISLAND -- AND THAT WE
SHOULD DO SIMILAR LEGISLATION. THEY WERE ENGAGED IN THAT PARTICULAR
AREA OF -- OF SEA -- OF HELPING WITH SEAFOOD MARKETING. SO WE PUT THE
BILL IN, AND AS -- AS I SAID, WE GOT THE REQUEST FROM THE GOVERNOR TO
MAKE CHANGES. SO WE GOT THE REQUEST FOR AMENDMENTS. I -- I WOULD
CHARAC -- CHARACTERIZE THE CHANGES, REALLY, AS TWO-FOLD. ONE IS INSTEAD
OF CALLING THIS A TASK FORCE, IT IS NOW A ROUND TABLE, A SERIES OF ROUND
TABLES ON THIS -- ON THIS SAME SUBJECT. REALLY, THE SAME NUMBER AND
TYPES OF INDIVIDUAL STAKEHOLDERS THAT ARE GOING TO BE INVOLVED WITH
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THIS. SO IT'S A ROUND TABLE INSTEAD OF A TASK FORCE, AND INSTEAD OF BEING
PERMANENT LIKE THE TASK FORCE WOULD HAVE BEEN, THIS LEGISLATION HAS A
SUNSET PROVISION IN IT. A REPORT WOULD HAVE TO BE SENT AND PROVIDED TO
THE LEGISLATURE AND OTHERS BY NEXT SEPTEMBER. SO I TOOK THE
AMENDMENTS WHILE WE WERE -- THEY WERE UNDER CONSIDERATION. I
BROUGHT THEM BACK TO CORNELL COOPERATIVE EXTENSION AND THEY ALSO
SHARED THEM WITH SOME -- SOME OF THE OTHER STAKEHOLDERS IN THE
SEAFOOD INDUSTRY AND THE COMMERCIAL FISHING INDUSTRY. IT APPEARED TO
US THAT WHILE THERE WERE SOME COSMETIC MODIFICATIONS AND THE TYPE OF,
MODIFICATIONS THAT I MENTIONED, BUT THAT THE SAME GOAL WOULD BE
ACCOMPLISHED, AND THAT IS TO PROVIDE RECOMMENDATIONS FOR PROMOTING
SEAFOOD AND THE SEAFOOD INDUSTRY IN NEW YORK STATE.
MR. GOODELL: THANK YOU VERY MUCH, MR. THIELE.
MR. THIELE: THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. I WOULD LIKE TO ASK
YOU TO TAKE UP CALENDAR NO. 914 BY MR. ZEBROWSKI ON PAGE 95 OF THE
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NYS ASSEMBLY JUNE 18, 2018
MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07516-C, CALENDAR
NO. 914, ZEBROWSKI, ENGLEBRIGHT, MCDONOUGH, HOOPER, SIMON,
DICKENS, DE LA ROSA, JAFFEE, CRESPO, GUNTHER. AN ACT TO AMEND THE
GENERAL BUSINESS LAW, IN RELATION TO ENACTING "HARPER'S LAW",
REQUIRING TIP RESTRAINT DEVICES ON CERTAIN FURNITURE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. ZEBROWSKI.
MR. ZEBROWSKI: GOOD EVENING, MR. SPEAKER.
THIS BILL WOULD REQUIRE THAT RETAILERS SELL TIP RESTRAINT DEVICES AND POST
A NOTICE. BETWEEN 2000 AND 2016, THERE'S BEEN 195 PEOPLE THAT HAVE
DIED AS A RESULT OF THE TIPPING OF CLOTHING STORAGE UNITS. ONE HUNDRED
AND FIFTY-NINE OF THOSE, OR 95 PERCENT, WERE UNDER SIX YEARS OLD.
BETWEEN THE SAME TIME PERIOD, 2006 TO 2016, THERE WERE 6 -- 65,200
INJURIES WHICH RESULTED IN EMERGENCY ROOM TREATMENT DUE TO THE
TIPPING OF THESE TYPE OF STORAGE UNITS. UNFORTUNATELY, MR. SPEAKER, ON
NOVEMBER 19TH OF 2016, YOUNG HARPER FRIED, A THREE-YEAR-OLD HUDSON
VALLEY GIRL, SUCCUMBED TO THIS TYPE OF INJURY AND UNFORTUNATELY DIED.
AND I'VE WORKED WITH HER TREMENDOUSLY STRONG PARENTS, AARON AND
ERICA, TO DRAFT THIS BILL AND HOPEFULLY PREVENT ANY SUCH TRAGEDIES IN THE
FUTURE.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
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NYS ASSEMBLY JUNE 18, 2018
MR. ZEBROWSKI: YES, I'LL YIELD.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI
YIELDS.
MR. RA: SO JUST A FEW QUESTIONS. AND -- AND
CERTAINLY, I APPRECIATE YOUR EFFORT ON THIS. OBVIOUSLY, YOU KNOW,
YOUNG CHILDREN DO HAVE A TENDENCY, AND IT'S AN ATTRACTIVE THING, TO
CLIMB A PIECE OF FURNITURE, AND OBVIOUSLY CAN HAVE, YOU KNOW, HORRIBLE
CONSEQUENCES WHEN -- WHEN A PIECE OF FURNITURE DOES TIP OVER. I KNOW
A COUPLE YEARS AGO WE HAD ADOPTED SOME LEGISLATION TO CREATE AN
OUTREACH PROGRAM, AND THERE WERE SOME REPORTING REQUIREMENTS. DO --
HAVE WE -- DO YOU KNOW IF THERE'S BEEN ANY SUCH REPORT THAT MIGHT
SUGGEST THAT THIS IS WHERE WE SHOULD GO NEXT WITH THIS?
MR. ZEBROWSKI: I'M NOT FAMILIAR WITH ANY REPORT
ISSUED BY THE STATE.
MR. RA: OKAY.
MR. ZEBROWSKI: I'M ONLY FAMILIAR WITH REPORTS
DONE BY, LIKE, CONSUMER REPORTS AND THOSE TYPE OF AGENCIES.
MR. RA: OKAY.
MR. ZEBROWSKI: NOT AGENCIES, BUT GROUPS.
MR. RA: OKAY. SO JUST WITH REGARD TO THE -- THE
SPECIFIC REQUIREMENTS OF THIS. SO, A RETAIL ENTITY THAT IS OFFERING
FURNITURE FOR SALE -- AND I THINK YOU -- YOU DEFINE "FURNITURE" PRETTY
NARROWLY -- WELL, IT'S WHAT WE WOULD THINK OF US AS OUR NORMAL KIND OF
BEDROOM FURNITURE. YOU KNOW, A CHEST OF DRAWERS OR, YOU KNOW,
HIGHER, YOU KNOW, ARMOIRES, THOSE -- THINGS OF THAT NATURE. SO THE STORE
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WOULD THEN HAVE TO BOTH SELL SOME TYPE OF RESTRAINT, BUT ALSO HAVE, I
GUESS, SOME TYPE OF DISPLAY DEMONSTRATING THE USE OF SUCH RESTRAINT. IS
THAT CORRECT?
MR. ZEBROWSKI: NO, THEY HAVE TO MAKE THE --
THOSE TYPE OF MECHANISMS AVAILABLE FOR SALE, DISPLAY THEM AND ALSO
POST A -- POST A NOTICE. AND IN THE BILL IT SAYS -- IF YOU WANT ME TO READ
IT -- CERTAIN FURNITURE MAY BECOME UNSTABLE AND TIP OVER, LEADING TO
POSSIBLE INJURY OR DEATH. TIP RESTRAINT DEVICES MAY PREVENT TIPPING OF
FURNITURE WHEN PROPERLY INSTALLED.
MR. RA: OKAY. AND -- AND DOES THIS APPLY,
BASICALLY, TO ANY RETAIL ENTITY? OBVIOUSLY, I KNOW THERE -- IT DOESN'T
INCLUDE ONLINE, BUT ANY RETAIL ENTITY THAT HAS -- THAT SELLS ANY FURNITURE
UNDER THE DEFINITION OF FURNITURE, EVEN IF IT'S, YOU KNOW, MAYBE THEY'RE
PREDOMINANTLY IN SOME OTHER BUSINESS BUT THEY SELL A PIECE OF
FURNITURE.
MR. ZEBROWSKI: ANY -- YES, ANY NEW FURNITURE.
THERE IS A MECHANISM IN THE BILL WHERE IF THE FURNITURE DOES INCLUDE
THOSE TYPE OF TIP RESTRAINT DEVICES ALREADY, THEN THEY DO NOT HAVE TO
OFFER THEM FOR SALE; HOWEVER, THEY WOULD STILL HAVE TO POST THE NOTICE.
MR. RA: OKAY. AND WOULD -- WOULD THEY HAVE TO
STILL HAVE THE DISPLAY THAT DEMONSTRATES THE -- THE DEVICE?
MR. ZEBROWSKI: IF IT DOESN'T ALREADY COME WITH
THE DEVICE, THEN THEY HAVE TO DO THE DISPLAY. BUT IF IT DOES, THEY JUST
HAVE TO POST THE NOTICE.
MR. RA: OKAY. AND JUST IN TERMS OF ENFORCEMENT OF
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NYS ASSEMBLY JUNE 18, 2018
-- OF THESE PROVISIONS, WHO ENFORCES IT? WOULD IT JUST, YOU KNOW, LIKE
ANY OTHER PROVISION OF THE GENERAL BUSINESS LAW, IS THERE ANYTHING
SPECIFIC TO THE ENFORCEMENT IN THIS BILL?
MR. ZEBROWSKI: LIKE ANY OTHER, IT WOULD BE THE
ATTORNEY GENERAL CIVIL FINE -- CIVIL PENALTY OF $500.
MR. RA: OKAY. AND, YOU KNOW, IF -- IF THE ENTITY,
SAY, YOU KNOW, THEY RUN OUT OF THEM OR ANYTHING LIKE THAT, WOULD THEY
BE IN VIOLATION OF THAT -- OF THAT FOR NOT STOCKING THE DEVICE, OR -- OR
WOULD THEY HAVE, YOU KNOW, A DEFENSE AND BE ABLE TO CURE THE DEFECT
BY JUST GETTING MORE IN STOCK?
MR. ZEBROWSKI: NO, THEY WOULD BE IN VIOLATION
THEN. I WOULD SUGGEST TO RETAILERS, GET AS MANY AS PIECES OF FURNITURE
THAT YOU ORDER, THAT MANY OF THOSE TIP RESTRAINT DEVICES.
MR. RA: OKAY. THANK YOU, MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
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NYS ASSEMBLY JUNE 18, 2018
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO TAKE UP OFF THE B-CALENDAR RULES REPORT NO. 291 BY MR.
AUBRY. IT'S ON PAGE 8.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A11158, RULES REPORT
NO. 291, COMMITTEE ON RULES/AUBRY. AN ACT TO AMEND THE
TRANSPORTATION LAW AND THE HIGHWAY LAW, IN RELATION TO AUTHORIZING
AN AIRPORT MASS TRANSIT PROJECT AT LAGUARDIA AIRPORT; 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.
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: YES, THANK YOU, MR. SPEAKER.
WHILE I STILL HAVE EVERYONE'S ATTENTION, I WANT TO THANK EVERYBODY FOR
YOUR COOPERATION TODAY. WE DID A SIGNIFICANT BODY OF WORK, AND IF WE
GET THE SAME KIND OF COOPERATION TOMORROW, WE'RE ON A GOOD GLIDE PATH
HERE. SO -- AND TOMORROW WE WILL BE HERE. I'LL ADJOURN -- I'LL ASK FOR A
MOTION TO ADJOURN IN JUST A FEW MINUTES. 10:00 TOMORROW MORNING.
SO WITH THAT, MR. SPEAKER, WOULD YOU CALL ON MR.
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NYS ASSEMBLY JUNE 18, 2018
CROUCH SO HE MAY MAKE AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: FOR THE PURPOSES OF
AN ANNOUNCEMENT, MR. CROUCH.
MR. CROUCH: THANK YOU, MR. SPEAKER. THERE'LL
BE AN IMMEDIATE MEMBERS-ONLY CONFERENCE IN THE PARLOR. REPUBLICAN
CONFERENCE, MEMBERS ONLY.
ACTING SPEAKER AUBRY: IMMEDIATE
REPUBLICAN CONFERENCE IN THE PARLOR AFTER SESSION.
BUT WE HAVE HOUSEKEEPING, MR. MORELLE.
MR. MORELLE.
MR. MORELLE: YES. MR. OTIS WILL BE MUCH MORE
POPULAR. HE DOES NOT HAVE ANNOUNCEMENTS TO MAKE.
(CHEERS)
BUT I KNOW WE HAVE FURTHER HOUSEKEEPING. ALSO, MR.
SPEAKER, I KNOW THAT THERE ARE RESOLUTIONS, INCLUDING ONE BY MR. RAIA
WHICH HE WOULD LIKE TO BE HEARD ON, IF WE CAN GET THAT IN FRONT OF THE
HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1393, MR.
RAIA.
LEGISLATIVE RESOLUTION PAYING TRIBUTE AND
REMEMBERING MASTER SERGEANT CHRISTOPHER J. RAGUSO OF THE NEW YORK
NATIONAL GUARD, WHO LOST HIS LIFE ON THURSDAY, MARCH 15, 2018 IN
IRAQ.
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NYS ASSEMBLY JUNE 18, 2018
ACTING SPEAKER AUBRY: MR. RAIA ON THE
RESOLUTION.
MR. RAIA: THANK YOU, MR. SPEAKER. I -- I KNOW THE
EVENING'S LATE, AND I WILL MOVE THIS ALONG AS QUICKLY AS POSSIBLE.
RESOLUTIONS SUCH AS THIS IN WHICH BRAVE MEN AND WOMEN HAVE GIVEN
THEIR -- MADE THE ULTIMATE SACRIFICE ON BEHALF OF OUR IDEALS ARE NEVER
EASY. ASSEMBLYMEMBER FITZPATRICK AND MYSELF HAVE THE PROUD
PRIVILEGE OF SHARING SERGEANT CHRISTOPHER RAGUSO. HE WAS FIRST MY
CONSTITUENT, THEN MICHAEL'S. CHRISTOPHER WAS A MASTER SERGEANT IN THE
NEW YORK NATIONAL GUARD, WHO LOST HIS LIFE ON MARCH 15, 2018 IN IRAQ
WHEN THE HELICOPTER HE WAS IN TRAGICALLY CRASHED. MASTER SERGEANT
RAGUSO WAS MUCH MORE THAN JUST A RESIDENT OF COMMACK. HE WAS A
SPECIAL MISSIONS AVIATION FLIGHT ENGINEER FOR THE 106TH RESCUE WING,
WHICH HE JOINED IN 2001. YOUNG MEN AND WOMEN ALL OVER THIS COUNTRY
STAND UP, SWEAR IN AND VOLUNTEER TO PUT ON THE UNIFORM OF THEIR NATION.
THEY DO NOT SIGN UP FOR A PARTICULAR MISSION, THEY SIGN UP SIMPLY TO
WORK TO THE BEST OF THEIR ABILITY TO PRESERVE AND DEFEND OUR WAY OF LIFE,
OUR CULTURE AND OUR VALUES. CHRIS NOT ONLY WENT ON RESCUES TO SAVE HIS
FELLOW SERVICE MEN AND WOMEN FROM HARM -- HARM'S WAY WHERE NO ONE
ELSE ON EARTH COULD HAVE POSSIBLY REACHED THEM, BUT ALSO RESPONDED TO
NATURAL DISASTERS SUCH AS THE HURRICANES IN TEXAS AND PUERTO RICO,
WHERE HE PERSONALLY HELPED AIRLIFT HUNDREDS OF MEN AND WOMEN AND
CHILDREN FROM FLOOD WATERS.
ON TOP OF THAT, MASTER SERGEANT RAGUSO JOINED THE
COMMACK VOLUNTEER FIRE DEPARTMENT IN 2000, PRIOR TO BECOMING A
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MEMBER OF THE NEW YORK CITY FIRE DEPARTMENT IN 2005. I'M HONORED
TO HAVE HELPED CHRIS BECOME A NEW YORK CITY FIREFIGHTER WHEN THERE
WAS A PAPERWORK SNAFU.
FOR 15 YEARS, I'VE WATCHED HIS CAREER GROW AND GROW
AND GROW, ONLY TO HAVE IT SNUFFED OUT IN THE PRIME OF HIS LIFE. WHILE
WE WILL ALWAYS MISS OUR FRIEND, WE WILL EQUALLY SMILE WITH PRIDE AND
GRATITUDE, AND THANK GOD THAT WE WERE AFFORDED THE BLESSING OF HIS
PRESENCE AND THE WARMTH OF HIS CHARACTER. HIS IS SURVIVED BY HIS WIFE,
CARMELLA, AND HIS TWO DAUGHTERS, EVA AND MILA. AND WE SHOULD BE
INSPIRED BY THE FIRE AND DETERMINATION WITH WHICH HE LIVED HIS LIFE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. FITZPATRICK ON
THE RESOLUTION.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I -- I
ALSO RISE TO ADD TO THE ELOQUENT COMMENTS MADE BY MR. RAIA. CHRIS
RAGUSO WAS A WONDERFUL FATHER, A GREAT FIREFIGHTER AND A REAL ASSET TO
THE COMMACK COMMUNITY. HE WILL BE SORELY MISSED. WE FONDLY
REMEMBER HIS -- HIS FAMILY. HE WILL BE REMEMBERED FOREVER AS A GREAT
YOUNG MAN WHO SERVED HIS COUNTRY AND HIS COMMUNITY WITH
DISTINCTION.
THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MR. MORELLE.
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NYS ASSEMBLY JUNE 18, 2018
MR. MORELLE: YES, SIR. DO YOU HAVE OTHER
RESOLUTIONS AND HOUSEKEEPING TO TAKE UP?
ACTING SPEAKER AUBRY: CERTAINLY.
HOUSEKEEPING FIRST.
ON THE MAIN CALENDAR, ON A MOTION BY MR.
ZEBROWSKI, PAGE 66, CALENDAR NO. 484, BILL NO. 6949-B, AMENDMENTS
ARE RECEIVED AND ADOPTED.
ON BEHALF OF MS. GLICK, BILL NO. 3677, ASSEMBLY BILL
RECALLED FROM THE SENATE.
THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW.
ACTING SPEAKER AUBRY: MOTION TO RECONSIDER
THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
ON BEHALF OF MR. SKOUFIS, BILL NO. A10201,
ASSEMBLY BILL RECALLED FROM THE SENATE.
THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE EXECUTIVE LAW.
ACTING SPEAKER AUBRY: MOTION TO RECONSIDER
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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 --
THE AMENDMENTS ARE RECEIVED AND ADOPTED.
WE HAVE NUMEROUS FINE RESOLUTIONS. WE WILL TAKE
THEM UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1384-1392
AND 1394-1398 WERE UNANIMOUSLY ADOPTED.)
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. I NOW MOVE THAT
THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., TUESDAY, JUNE 19TH.
TOMORROW, LADIES AND GENTLEMEN, IS A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 10:11 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, JUNE 19TH AT 10:00 A.M., THAT BEING A SESSION
DAY.)
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