MONDAY, JANUARY 28, 2019 3:00 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

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, JANUARY 27TH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

NYS ASSEMBLY JANUARY 28, 2019

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, JANUARY

27TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, AS WE HAVE

SINCE THE BEGINNING OF SESSION, I WANT TO START US OFF WITH A QUOTE. I

HOPE IT'S ENLIGHTENING AND MOTIVATING AND ENCOURAGING US. IT'S THE

WORDS OF THE FORMER PRESIDENT BARACK OBAMA. IT SAYS, "I BELIEVE OUR

RIGHTEOUS ANGER CAN BE TRANSFORMED INTO MORE JUSTICE AND MORE PEACE."

AGAIN, MR. SPEAKER, THAT'S FROM PRESIDENT BARACK OBAMA.

MR. SPEAKER, WE HAVE OUR MAIN CALENDAR BEFORE US.

AFTER INTRODUCTIONS AND ANY HOUSEKEEPING, WE WILL BE TAKING JUST A

BRIEF RESOURCE SO THAT WE MAY HAVE A FEW MORE COMMITTEE MEETINGS

WHICH INCLUDE CODES, REAL PROPERTY TAXATION, WAYS AND MEANS AND

RULES. THE ELECTION LAW COMMITTEE IS ALREADY IN AND HOPEFULLY

THEY'LL BE DONE SOON AND WE'LL BE CALLING THE VERY NEXT COMMITTEE.

THESE COMMITTEES WILL PRODUCE AN A-CALENDAR, MR. SPEAKER. IT WILL

BE OUR PRINCIPAL FOR TODAY TO TAKE UP ALL THE BILLS ON THE A-CALENDAR,

INCLUDING RULES REPORT NO. 20, WHICH IS THE CHILD VICTIMS ACT BY

MEMBER LINDA ROSENTHAL. TODAY WE WILL ALSO CALL TO -- THE FOLLOWING

COMMITTEES TO MEET OFF THE FLOOR: CORRECTIONS AND JUDICIARY. FOR

MAJORITY MEMBERS -- FOR OUR MAJORITY MEMBERS, I SHOULD SAY, YOU

SHOULD KNOW THAT THERE WILL BE A DEMOCRATIC CONFERENCE AFTER THE

CONCLUSION OF SESSION TODAY. AND AS ALWAYS, MR. SPEAKER, WE WILL

NYS ASSEMBLY JANUARY 28, 2019

CONSULT WITH THE MINORITY TO SEE IF THEY HAVE CONFERENCE, AS WELL.

THAT'S THE GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE

ANY HOUSEKEEPING OR RESOLUTIONS THAT YOU HAVE, WE WILL HEAR THEM

NOW. THANK YOU.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

BUT INTRODUCTIONS.

MS. ROZIC FOR AN INTRODUCTION.

MS. ROZIC: THANK YOU, MR. SPEAKER, AND MADAM

MAJORITY LEADER. I'D LIKE TO INTRODUCE TODAY SOME YOUTH ADVOCATES

FROM THE CHINESE AMERICAN PLANNING COUNCIL. THEY'RE IN THE BACK, IF

THEY CAN STAND UP. CPC IS THE NATION'S LARGEST ASIAN-AMERICAN SOCIAL

SERVICE ORGANIZATION AND STRIVES TO BE THE PREMIERE SOCIAL SERVICE AND

LEADERSHIP DEVELOPMENT ORGANIZATION ACROSS THE CITY. IT SERVES

THOUSANDS OF COMMUNITY MEMBERS EACH DAY THROUGH THEIR 50

PROGRAMS, 33 LOCATIONS ALL OVER NEW YORK CITY, AND THREE MASSIVE

COMMUNITY CENTERS, ONE OF WHICH IS IN FLUSHING, QUEENS. THEY DO

EVERYTHING FROM EARLY CHILDHOOD EDUCATION, SCHOOL-AGED CARE,

WORKFORCE DEVELOPMENT. THEY WORK WITH THE DEVELOPMENTALLY

DISABLED AND THEY ALSO HAVE AMAZING SENIOR SERVICES.

TODAY IS CPC'S FIRST-EVER NEW YORK STATE ADVOCACY

DAY AND IT IS MY PLEASURE TO INTRODUCE THEIR FEARLESS LEADER, WAYNE

HO, THEIR PRESIDENT AND CEO. AND SO, ON BEHALF OF - THERE ARE A LOT OF

US - MEMBERS ABBATE, BRAUNSTEIN, EPSTEIN, ORTIZ, KIM AND NIOU, I'D

REALLY LOVE IF YOU COULD EXTEND THE CORDIALITIES OF THE FLOOR TO THEIR

STAFF, COMMUNITY MEMBERS (INAUDIBLE) -- THE ISSUES. THANK YOU.

NYS ASSEMBLY JANUARY 28, 2019

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. ROZIC, MR. ABBATE, MR. BRAUNSTEIN, MR. EPSTEIN, MR. [SIC]

NIOU, MR. KIM, MR. ORTIZ, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY ON YOUR FIRST

LOBBY DAY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, OUR SINCERE

THANKS ON THE WORK THAT YOU DO TO PROTECT AND TAKE CARE OF THE

COMMUNITIES THAT YOU REPRESENT. WE KNOW THAT YOU ARE ALWAYS

WELCOME HERE. PLEASE COME BACK AND WE WILL LOOK FOR YOU AGAIN.

THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WOULD YOU PLEASE WELCOME TO OUR CHAMBERS JUDGE MARKEY

AND HIS WIFE, OUR FORMER COLLEAGUE, MARGE MARKEY. MR. SPEAKER, THEY

ARE A DELIGHTFUL COUPLE WHO HAVE SERVED THE PUBLIC FOR MANY, MANY

YEARS AND IT'S ALWAYS GOOD TO SEE THEM.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, MARGE, YOU

GUYS, IT'S A PLEASURE TO SEE YOU. THANK YOU SO VERY MUCH FOR COMING

HERE. AS A FORMER MEMBER AND FAMILY, YOU ALWAYS HAVE THE PRIVILEGES

OF THE FLOOR. PLEASE DON'T MAKE IT SO LONG WHEN YOU COME BACK TO VISIT

US AGAIN. WE'RE SO HAPPY TO SEE YOU. WE HOPE YOU'RE ENJOYING

RETIREMENT AS BEST AS YOU CAN. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. CUSICK.

NYS ASSEMBLY JANUARY 28, 2019

MR. CUSICK: THANK YOU, MR. SPEAKER. I RISE FOR

THE PURPOSE OF AN INTRODUCTION. MR. SPEAKER, I KNOW WE HAVE MANY

SPORTS FANS HERE IN THE CHAMBER AND IN OUR RESPECTIVE CONFERENCES AND

THOSE OF YOU WHO ARE BASEBALL FANS, I'M SURE OVER THE SUMMER WATCHED

THE LITTLE LEAGUE WORLD SERIES. WELL TODAY, LADIES AND GENTLEMEN, WE

ARE JOINED BY THE MID-ISLAND LITTLE LEAGUE BASEBALL LEAGUE FROM MY

DISTRICT WHO WERE THE DISTRICT CHAMPIONS, THE STATE CHAMPIONS AND

THE MID-ATLANTIC CHAMPIONS, AND REPRESENTED NEW YORK IN THE LITTLE

LEAGUE WORLD SERIES IN PENNSYLVANIA THIS SUMMER. THEY ARE A GREAT

TEAM, A GREAT BUNCH OF KIDS AND THEY REALLY REPRESENTED NEW YORK IN A

PROUD WAY. I WAS PROUD OF THEM, MANY OF THE COLLEAGUES HERE WOULD

CALL AND SAY HOW PROUD THEY WERE OF THE KIDS FROM STATEN ISLAND, HOW

THEY REPRESENTED THIS GREAT STATE.

DURING THE REGIONAL PLAY, THEY WENT UNDEFEATED. THEY

WERE A FORCE TO BE RECKONED WITH DURING THE TOURNAMENT PROCESS AND IN

WILLIAMSPORT. AND, MR. SPEAKER, THEY WERE LED BY GREAT COACHES THAT

ARE PILLARS OF OUR COMMUNITY AND, TODAY, THEY ARE HERE WITH THE HEAD

COACH, JOE CALABRESE, WHO WAS A GREAT ROLE MODEL FOR THE KIDS,

PARTICULARLY DURING THE TOURNAMENT ON ESPN.

MR. SPEAKER, WE ARE JOINED BY, AS I SAID, COACH

CALABRESE. WE ARE JOINED BY THE PLAYERS: DEREK MENDEZ, THOMAS

PUGLISI, FRANK SCERRA, GREGORY BRUNO, CHRIS BEDFORD, ROBERT

CAVALIERI, JOE CALABRESE, LOGAN CASTELLANO, CHRIS CANCEL AND JAYSON

HANNAH. AND WE ARE JOINED BY SOME OF THE PARENTS WHO CAME AND

MADE THE TRIP TODAY AND THEY WERE THERE DURING THE TRIP TO

NYS ASSEMBLY JANUARY 28, 2019

WILLIAMSPORT.

MR. SPEAKER, IF YOU COULD WELCOME THESE

DISTINGUISHED GROUP OF LITTLE LEAGUE CHAMPIONS TO THE FLOOR ON BEHALF

OF MYSELF AND THE STATEN ISLAND DELEGATION.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CUSICK, THE STATEN ISLAND DELEGATION, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME THESE EXTRAORDINARY ATHLETES HERE TO THE NEW

YORK CITY -- NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. WE WANT TO THANK COACHES AND PARENTS FOR THE

GUIDANCE THAT YOU PROVIDED THEM. WE HOPE YOU YOUNG MEN WILL GO ON

TO GREATER HEIGHTS IN BASEBALL AND IN LIFE. WE'RE SURE THIS HAS BEEN A

GREAT EXPERIENCE FOR YOU. PLEASE KNOW THAT YOU ARE ALWAYS WELCOME

HERE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. NOLAN FOR AN INTRODUCTION.

MS. NOLAN: THANK YOU, MR. SPEAKER AND MY

COLLEAGUES. IT'S ALWAYS GREAT WHEN FAMILY COME AND VISIT YOU HERE IN

THE CAPITOL, BECAUSE I THINK WE ALL KNOW HOW SOMETIMES IT CAN BE A

LONELY AND EVEN ISOLATING PLACE; WE COME UP AND WE'RE SEPARATED. SO,

I'M SO HAPPY THAT MY COUSIN, BOB, IS HERE TODAY. MANY OF YOU KNOW

HIM FROM HIS LONG CAREER OF ACTIVE PARTICIPATION IN BRONX COMMUNITY

LIFE, BUT HE ALSO SERVES ALL OF OUR CITY AS A MEMBER OF THE HEALTH AND

HOSPITAL ADVISORY BOARD WHICH I KNOW YOU, MR. SPEAKER, AND OUR

WORK AT ELMHURST HOSPITAL, CARE A GREAT DEAL ABOUT. AND BOB HAS

GIVEN SO MUCH SERVICE TO THE CITY OF NEW YORK, BUT IN HIS RETIREMENT

NYS ASSEMBLY JANUARY 28, 2019

NOW ON THAT ADVISORY BOARD PUTS IN MANY, MANY HOURS. SO, HE'S HERE

TODAY WITH HIS FELLOW HIBERNIANS, I KNOW THEY'RE GOING TO BE

INTRODUCED AS A GROUP LATER, BUT WE'RE PARTICULARLY THRILLED TO HAVE HIM

HERE. SO, IF YOU COULD EXTEND GREETINGS TO ROBERT NOLAN.

(APPLAUSE)

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. NOLAN, THE SPEAKER, MR. ORTIZ, MR. BENEDETTO, MYSELF, WE

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

TO YOU THE PRIVILEGES OF THE FLOOR AND OUR THANKS FOR THE GREAT WORK THAT

YOU'VE DONE IN OUR CITY HELPING THOSE WHO ARE MEDICALLY IN NEED. WE

HOPE THAT YOU CONTINUE THAT WORK AND, PLEASE, ALWAYS KNOW THAT YOU'RE

WELCOME HERE, AND WELCOME AS A HIBERNIAN, ALSO. THANK YOU SO VERY

MUCH.

(APPLAUSE)

MR. CUSICK FOR A SECOND.

MR. CUSICK: THANK YOU. THANK YOU, AGAIN, MR.

SPEAKER. AGAIN, I RISE FOR THE PURPOSE OF AN INTRODUCTION. THERE IS A

RESOLUTION ON TODAY'S CALENDAR MEMORIALIZING GOVERNOR CUOMO TO

PROCLAIM JANUARY 21ST, 2019 IRISH DECLARATION OF INDEPENDENCE DAY

WITHIN THE STATE OF NEW YORK. ON JANUARY 21ST, 1919, THE

REPRESENTATIVES OF THE IRISH PEOPLE ELECTED IN THE 32 COUNTIES OF THE

ELECTION OF 1918, ASSEMBLED IN DUBLIN AS A NATIONAL PARLIAMENT,

ADOPTED IRELAND'S DECLARATION OF INDEPENDENCE AND RATIFIED THE IRISH

REPUBLIC PROCLAIMED ON EASTER MONDAY OF 1916.

TODAY, WE ARE JOINED BY MEMBERS OF THE NEW YORK

NYS ASSEMBLY JANUARY 28, 2019

STATE ANCIENT ORDER OF HIBERNIANS WHO ARE HERE TO CELEBRATE THE

RATIFICATION OF IRELAND'S DECLARATION OF INDEPENDENCE. WE ARE JOINED

BY AOH NEW YORK STATE PRESIDENT VICTOR VOGEL --

(APPLAUSE)

LADIES AOH NEW YORK STATE PRESIDENT JACQUELINE

CLUTE --

(APPLAUSE)

AOH NATIONAL FREEDOM FOR IRELAND CHAIRMAN MARTIN

GALVIN --

(APPLAUSE)

LADIES AOH NEW YORK STATE FREEDOM FOR ALL IRELAND

CHAIRWOMAN DOLORES DESCH --

(APPLAUSE)

IRISH-AMERICAN HERITAGE MUSEUM EXECUTIVE DIRECTOR

DR. ELIZABETH STACK.

(APPLAUSE)

MR. SPEAKER, ON BEHALF OF THE NEW YORK STATE

AMERICAN-IRISH LEGISLATORS AND MY COLLEAGUES IN THE CHAMBER, IF YOU

COULD WELCOME THE MEMBERS OF THE AOH AND AFFORD THEM THE

PRIVILEGES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CUSICK, THE SPEAKER, ALL OF OUR LEGISLATORS, PARTICULARLY OUR

IRISH-AMERICAN LEGISLATORS, WE WELCOME YOU HERE TO THE NEW YORK

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

CONGRATULATIONS ON THIS AUSPICIOUS OCCASION, HOPE THAT YOU KNOW YOU

NYS ASSEMBLY JANUARY 28, 2019

ARE ALWAYS WELCOME HERE. PLEASE REMEMBER TO COME BACK AND VISIT US

AGAIN. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. BYRNE.

MR. BYRNE: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO ARRANGE THIS INTRODUCTION OF MY COLLEAGUES FROM THE GREAT

COUNTY OF PUTNAM. THE DEPUTY COUNTY LEGISLATOR OF PUTNAM COUNTY,

TONI ADDONIZIO; LEGISLATOR NEAL SULLIVAN AND THE HEALTH -- ACTING

HEALTH COMMISSIONER OF PUTNAM COUNTY, DR. MICHAEL NESHEIWAT. I'VE

KNOWN THESE INDIVIDUALS FOR MANY YEARS. TONI ALSO WORKS AS AN

ASSOCIATE REAL ESTATE BROKER IN PUTNAM COUNTY. NEAL OWNS HIS OWN

INSURANCE AGENCY, THE SULLIVAN INSURANCE AGENCY, AND WAS THE PAST

CHAIR OF THE BIG I OF NEW YORK.

KNOWN THEM AS PUBLIC SERVANTS; QUITE FRANKLY, NEAL

SULLIVAN ACTUALLY USED TO REPRESENT ME WHEN I LIVED IN A DIFFERENT AREA

OF THE TOWN OF CARMEL. THEY BOTH REPRESENT CARMEL, PATTERSON AND

DR. NESHEIWAT, IN ADDITION TO BEING THE HEALTH COMMISSIONER OF

PUTNAM COUNTY, HE ALSO SERVES THE VERY IMPORTANT ROLE OF COUNTY

CORONER, ELECTED POSITION IN OUR COUNTY. HE'S A FORMER CAPTAIN, PAST

CAPTAIN OF THE CARMEL VOLUNTEER FIRE DEPARTMENT. HE CONTINUES TO BE

A FIREFIGHTER AND SERVES AS A -- AND OFFERS MEDICAL SERVICES AND HEALTH

SERVICES TO OUR FIRST RESPONDERS ALL OVER PUTNAM COUNTY. I ASK YOU

PLEASE GIVE THEM -- OFFER THEM THE CORDIALITIES OF THE HOUSE AND GIVE

THEM A GREAT BIG ALBANY WELCOME.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

NYS ASSEMBLY JANUARY 28, 2019

OF MR. BYRNE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

DISTINGUISHED GROUP OF INDIVIDUALS FROM PUTNAM COUNTY. WE THANK

YOU SO VERY MUCH FOR YOUR EFFORTS IN PUBLIC SERVICE, AS WELL AS YOUR

BUSINESS EFFORTS. HOPE THAT YOU WILL CONTINUE THAT WORK. HOPE THAT

YOU WILL ALWAYS BE THERE TO HELP MR. BYRNE FIND HIS WAY. THANK YOU

SO VERY MUCH.

(APPLAUSE)

(PAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD CALL THE CODES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM

AND RPT TO THE PARLOR. THANK YOU.

ACTING SPEAKER AUBRY: COMMITTEE ON

CODES, SPEAKER'S CONFERENCE ROOM; REAL PROPERTY TAXATION IN THE

PARLOR. PLEASE PROCEED THERE IMMEDIATELY.

(PAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE CALL -- THE WAYS AND MEANS COMMITTEE, CODES AND REAL

PROPERTY TAX, HAVING COMPLETED THEIR WORK, WE'RE NOW READY FOR WAYS

AND MEANS.

ACTING SPEAKER AUBRY: WAYS AND MEANS

COMMITTEE, SPEAKER'S CONFERENCE ROOM. PLEASE PROCEED

IMMEDIATELY.

(PAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, THE WAYS

AND MEANS COMMITTEE HAS COMPLETED THEIR WORK. WOULD YOU PLEASE

NYS ASSEMBLY JANUARY 28, 2019

CALL RULES IMMEDIATELY TO THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER BURKE: RULES IN THE

SPEAKER'S CONFERENCE ROOM.

(WHEREUPON, THE HOUSE STOOD AT EASE.)

* * * * *

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

TAKE UP THE RESOLUTIONS ON PAGE 3 OF THE MAIN CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 53, MS.

LUPARDO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM JANUARY 2019 AS POVERTY 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. 54, MR.

CUSICK. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM JANUARY 21ST, 2019 AS IRISH DECLARATION OF

INDEPENDENCE 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.

NYS ASSEMBLY JANUARY 28, 2019

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD ADVANCE THE A-CALENDAR AND TAKE UP RULES

REPORT NOS. 19, 20, 26, 27 AND 28.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02570, RULES REPORT

NO. 19, JONES, WOERNER. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO THE NUMBER OF SIGNATURES FOR DESIGNATING PETITIONS IN THE

YEAR 2019.

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.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I REALIZE THAT IT'S A LITTLE LATE IN THE EVENING, BUT THIS IS OUR

FIRST VOTE OF THE DAY. MEMBERS, AND I WOULD THINK THAT THERE'S NOT A TON

ON HERE, AND THERE IS A CONFERENCE AFTERWARDS. IF WE COULD REMAIN IN

OR AROUND THE CHAMBER SO THAT THIS CAN MOVE QUICKLY, IT WOULD BE

GREATLY APPRECIATED. AGAIN, MEMBERS, THIS IS THE FIRST VOTE OF THE DAY.

THANK YOU.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

NYS ASSEMBLY JANUARY 28, 2019

MEMBERS. IN THE SOUND OF OUR VOICE, COME TO THE CHAMBER AND VOTE.

IF YOU ARE IN THE CHAMBER, VOTE NOW. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I HAVE ONE

QUICK INTRODUCTION AND THEN WE'LL -- WE'D LIKE TO INTRODUCE CLETUS

EZENWA FROM LU ENGINEERS, AND JULIE HARRIS FROM LU ENGINEERS, AS

WELL. MR. CLETUS IS FROM THE BUFFALO AREA OFFICE OF THIS ENGINEERING

FIRM, AND WE'D CERTAINLY LIKE TO WELCOME HIM TO OUR CHAMBERS, MR.

SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE

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

THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU WILL ENJOY THE PROCEEDINGS

AND MAKE SURE THAT YOU COME BACK AND VISIT US. THANK YOU SO VERY

MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE CALL A CORRECTIONS COMMITTEE INTO AN IMMEDIATE MEETING

IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: CORRECTIONS

COMMITTEE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY. MR. WEPRIN

NYS ASSEMBLY JANUARY 28, 2019

WILL MEET YOU THERE.

MRS. PEOPLES-STOKES.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02683, RULES REPORT

NO. 20, L. ROSENTHAL, DINOWITZ, HEASTIE, PEOPLES-STOKES, ENGLEBRIGHT,

GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS, GALEF, MOSLEY, LIFTON, BARRETT,

PAULIN, ARROYO, WALKER, WEPRIN, BICHOTTE, SIMON, BLAKE, CAHILL,

SEAWRIGHT, BARRON, BUCHWALD, BRONSON, HEVESI, HYNDMAN, ORTIZ,

NOLAN, JONES, CARROLL, RIVERA, GLICK, NIOU, DE LA ROSA, PRETLOW,

GOTTFRIED, D'URSO, VANEL, TITUS, JEAN-PIERRE, FERNANDEZ, BENEDETTO,

CRUZ, EPSTEIN, FRONTUS, GRIFFIN, JACOBSON, QUART, REYES, RICHARDSON,

ROMEO, RYAN, SAYEGH, BURKE, STECK, WOERNER. AN ACT TO AMEND THE

CRIMINAL PROCEDURE LAW, IN RELATION TO THE STATUTE OF LIMITATIONS IN

CRIMINAL PROSECUTION OF A SEXUAL OFFENSE COMMITTED AGAINST A CHILD; TO

AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO THE STATUTE OF

LIMITATIONS FOR CIVIL ACTIONS RELATED TO A SEXUAL OFFENSE COMMITTED

AGAINST A CHILD, REVIVING SUCH ACTIONS OTHERWISE BARRED BY THE EXISTING

STATUTE OF LIMITATIONS AND GRANTING TRIAL PREFERENCE TO SUCH ACTIONS; TO

AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO PROVIDING THAT THE

NOTICE OF CLAIM PROVISIONS SHALL NOT APPLY TO SUCH ACTIONS; TO AMEND

THE COURT OF CLAIMS ACT, IN RELATION TO PROVIDING THAT THE NOTICE OF

INTENTION TO FILE PROVISIONS SHALL NOT APPLY TO SUCH ACTIONS; TO AMEND

THE EDUCATION LAW, IN RELATION TO PROVIDING THAT THE NOTICE OF CLAIM

PROVISIONS SHALL NOT APPLY TO SUCH ACTIONS; AND TO AMEND THE JUDICIARY

LAW, IN RELATION TO JUDICIAL TRAINING RELATING TO SEXUAL ABUSE OF MINORS

NYS ASSEMBLY JANUARY 28, 2019

AND RULES REVIVING CIVIL ACTIONS RELATING TO SEXUAL OFFENSES COMMITTED

AGAINST CHILDREN.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: THIS BILL WOULD EXTEND THE

CURRENT CRIMINAL STATUTE OF LIMITATIONS BY FIVE YEARS. THE RESULT IS

MISDEMEANORS COULD BE PROSECUTED UNTIL THE VICTIM IS AGE 25, FELONIES

UNTIL THE VICTIM TURNS 28. IT EXTENDS THE STATUTE OF LIMITATIONS TO ALLOW

A LAWSUIT FOR CHILD SEX ABUSE TO BE FILED UNTIL THE VICTIM TURNS 55 YEARS

OF AGE, THAT'S ON THE CIVIL SIDE. THERE IS ALSO A RETROACTIVE REVIVAL

WINDOW ESTABLISHED THAT WOULD ALLOW A VICTIM TO BRING A LAWSUIT FOR A

PERIOD OF ONE YEAR, STARTING SIX MONTHS AFTER THE EFFECTIVE DATE. THIS

BILL ALSO CLARIFIES THAT FAILURE TO FILE A NOTICE OF CLAIM IS NOT A BAR TO

FILING A LAWSUIT DURING THE WINDOW WHEN THE ACTION IS AGAINST A PUBLIC

ENTITY.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

ROSENTHAL?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MS. ROSENTHAL. UNDER

CURRENT LAW, IF YOU HAVE A VICTIM OF SEXUAL ASSAULT WHO IS UNDER THE

AGE OF 18, THE STATUTE OF LIMITATIONS IS ALREADY TOLLED UNTIL THEY'RE AT

NYS ASSEMBLY JANUARY 28, 2019

LEAST 18; IS THAT CORRECT?

MS. ROSENTHAL: CAN YOU SPEAK LOUDER?

MR. GOODELL: SO UNDER CURRENT LAW, ANY CIVIL

ACTION INVOLVING SOMEONE UNDER THE AGE OF 18 IS AUTOMATICALLY TOLLED,

IT DOESN'T STARTED TO RUN UNTIL THEY BECOME 18 YEARS OLD, CORRECT?

MS. ROSENTHAL: YES.

MR. GOODELL: AND THIS WOULD RUN THAT SO INSTEAD

OF 18 YEARS OLD, THEY COULD -- IT WOULD TOLL THE STATUTE OF LIMITATIONS

UNTIL JUST BEFORE THEY WERE AGE 55; IS THAT CORRECT?

MS. ROSENTHAL: YES.

MR. GOODELL: OR AGE 55.

MS. ROSENTHAL: YES.

MR. GOODELL: AND THEN ONCE THEY'RE AGE 55,

WOULD THEY THEN HAVE ANOTHER YEAR OR THREE YEARS OR WHATEVER AFTER

THAT?

MS. ROSENTHAL: WELL, THIS BILL LIMITS IT TO AGE 55.

MR. GOODELL: OKAY. NOW ALSO IN ADDITION TO NOT

STARTING THE STATUTE OF LIMITATIONS UNTIL SOMEONE IS 18, IF THERE'S A

CRIMINAL CHARGE THAT'S FILED, AM I CORRECT THAT THE CIVIL ACTION IS

LIKEWISE EXTENDED AUTOMATICALLY FOR AT LEAST A YEAR AND UP TO SEVEN

YEARS PENDING THE CRIMINAL ACTION?

MS. ROSENTHAL: THERE'S NO CONNECTION BETWEEN

THE CIVIL AND THE CRIMINAL.

MR. GOODELL: WELL, I WOULD DIRECT YOUR ATTENTION

TO CPLR 215 SUBPARAGRAPH 8, THAT PROVIDES FOR AN EXTENSION OF THE

NYS ASSEMBLY JANUARY 28, 2019

CIVIL STATUTE OF LIMITATIONS IN THE EVENT THERE'S ALSO CRIMINAL CHARGES. IS

IT YOUR VIEW THAT DOESN'T APPLY TO THE CURRENT LAW?

MS. ROSENTHAL: WHAT SECTION AGAIN IS THAT?

MR. GOODELL: IT'S THE CIVIL PRACTICE LAW AND

RULES SECTION 215, SUBPARAGRAPH 8.

MS. ROSENTHAL: I WOULD SAY GENERALLY THAT'S TRUE.

MR. GOODELL: SO IF THERE IS CRIMINAL CHARGES,

THEN, IT WOULD BE EXTENDED AN ADDITIONAL ONE TO SEVEN YEARS?

MS. ROSENTHAL: IT COULD BE.

MR. GOODELL: NOW UNDER -- IF WE ADOPT THIS BILL

AND YOU'RE ASSAULTED THE DAY BEFORE YOUR 18TH BIRTHDAY.

MS. ROSENTHAL: YES.

MR. GOODELL: YOU WOULD HAVE UNTIL YOU'RE AGE

55 TO BRING THE CLAIM?

MS. ROSENTHAL: YES.

MR. GOODELL: AND IF YOU'RE ASSAULTED --

MS. ROSENTHAL: THIS IS -- THIS IS UNDER CIVIL

SUITS.

MR. GOODELL: CIVIL CLAIM, RIGHT.

MS. ROSENTHAL: YES.

MR. GOODELL: AND IF YOU'RE ASSAULTED THE DAY

AFTER YOUR BIRTHDAY --

MS. ROSENTHAL: YES.

MR. GOODELL: -- YOU WOULD HAVE TO BRING IT

WITHIN THE CURRENT STATUTE OF LIMITATIONS.

NYS ASSEMBLY JANUARY 28, 2019

MS. ROSENTHAL: YES.

MR. GOODELL: IS THERE A REASON WHY THAT ONE DAY

MAKES 40 YEARS OF DIFFERENCE?

MS. ROSENTHAL: YOU KNOW, WE -- WE'VE DECIDED

THAT WE, AS A BODY, AS A LAW-MAKING ENTITY, WE'VE SAID 18 IS THE AGE

BELOW WHICH THEY WERE CONSIDERED A CHILD, SO...

MR. GOODELL: AND, OF COURSE, THE CURRENT LAW

DOESN'T START THE STATUTE OF LIMITATIONS UNTIL YOU REACH 18 ANYWAY,

CORRECT?

MS. ROSENTHAL: YES, BUT IN THIS CASE, AS I SAID

LAST YEAR, ONE DAY YOU'RE NOT 18, YOU CAN'T VOTE. THE NEXT DAY YOU ARE

18, YOU CAN, SO, THAT'S WHERE THE LINE IS.

MR. GOODELL: OF COURSE, UNDER LEGISLATION WE

ADOPTED A COUPLE WEEKS AGO, YOU COULD REGISTER TO VOTE FOR PRESIDENT

WHEN YOU'RE 16, RIGHT? YOU COULDN'T ACTUALLY VOTE, BUT THAT'S, I

SUPPOSE, A DIFFERENT ISSUE.

MS. ROSENTHAL: YES, BUT IT'S NOT THAT GERMANE TO

THIS.

MR. GOODELL: WHAT ARE THE CURRENT RECORD

RETENTION REQUIREMENTS THAT APPLY TO SCHOOLS AND MUNICIPALITIES?

MS. ROSENTHAL: WELL, UP UNTIL NOW, THEY --

VICTIMS WOULD HAVE A 90-DAY -- 90 DAYS FROM THE DATE OF THE INCIDENT

TO FILE A CLAIM, OR INTENTION TO FILE A CLAIM, AND THIS BILL DOES AWAY WITH

THAT PROVISION.

MR. GOODELL: WELL, AS YOU KNOW THE LAW ALSO

NYS ASSEMBLY JANUARY 28, 2019

CONTAINS A NUMBER OF MANDATORY RECORD RETENTION DATES WHERE

MUNICIPALITIES AND SCHOOL DISTRICTS ARE REQUIRED TO KEEP RECORDS FOR A

CERTAIN TIME PERIOD. DO YOU KNOW WHAT THAT TIME PERIOD IS FOR

MUNICIPALITIES OR SCHOOL DISTRICTS?

MS. ROSENTHAL: YOU KNOW, THIS BILL DOESN'T DEAL

WITH THAT. IT DOESN'T TOUCH THAT PROVISION OF LAW.

MR. GOODELL: ARE YOU AWARE THAT NONE OF THEM

EXTEND 40 YEARS, 30 YEARS, 20 YEARS, 15 YEARS; THEY ALL END TYPICALLY

SEVEN TO TEN YEARS?

MS. ROSENTHAL: YOU KNOW, MANY AGENCIES KEEP

RECORDS THAT LONG, SO SOME WILL HAVE THEM, SOME WILL NOT.

MR. GOODELL: BUT IF YOU'RE FOLLOWING THE CURRENT

RECORD RETENTION REQUIREMENTS SET FORTH IN LAW, MOST OF THESE RECORDS

WOULD BE ELIMINATED OR DESTROYED WAY BEFORE THE END OF THE STATUTE OF

LIMITATIONS.

MS. ROSENTHAL: I DON'T -- I DON'T KNOW UPON

WHAT AUTHORITY YOU KNOW THAT.

MR. GOODELL: NOW, YOUR BILL PROVIDES THAT YOU

CAN RAISE AS AN AFFIRMATIVE DEFENSE LATCHES, DELAY, MATERIAL

IMPAIRMENT, CORRECT?

MS. ROSENTHAL: THAT'S ALWAYS AVAILABLE; THAT'S

ALWAYS AVAILABLE.

MR. GOODELL: BUT IN ORDER TO DO SO, YOU HAVE TO

FILE IT AS AN AFFIRMATIVE DEFENSE WITH A CERTIFICATE OF MERIT.

MS. ROSENTHAL: NO, THAT -- I'M GLAD YOU BROUGHT

NYS ASSEMBLY JANUARY 28, 2019

THAT UP. THE CERTIFICATE OF MERIT PIECE IS ALSO REMOVED FROM THIS BILL.

MR. GOODELL: OH, THAT'S GONE NOW?

MS. ROSENTHAL: YES.

MR. GOODELL: OKAY. I MUST HAVE AN EARLIER DRAFT.

DOES THIS BILL, YOUR BILL LANGUAGE CURRENTLY SAY THAT

YOU'RE NOT PREJUDICED BASED ON THE PASSAGE OF TIME?

MS. ROSENTHAL: IT ACTUALLY HAS A PHRASE IN THERE

THAT SAYS THE FACT THAT YOU WERE BARRED IN THE PAST IS NOT A BAR TO USING

THE WINDOW TO GO BACK TO COURT.

MR. GOODELL: NOW UNDER CURRENT LAW, THERE'S A

NUMBER OF SPECIAL PROVISIONS DESIGNED TO PROTECT OUR SCHOOLS AND

MUNICIPALITIES ON CLAIMS, IT'S ALL UNDER SECTION 50 OF THE GENERAL

MUNICIPAL LAW. NOTICE OF CLAIM, AN OPPORTUNITY FOR A HEARING, AN

OPPORTUNITY FOR A MUNICIPALITY TO INVESTIGATE AND SETTLE A CLAIM BEFORE

A LAWSUIT IS BROUGHT; AM I CORRECT THAT YOUR LEGISLATION ELIMINATES ALL

THOSE PROTECTIONS FOR MUNICIPALITIES?

MS. ROSENTHAL: I THINK WHAT YOU'RE REFERRING TO

ARE DIFFERENT CASES. THOSE CASES DO NOT CONCERN CHILDHOOD SEXUAL

ABUSE SO THOSE ARE DIFFERENT CIRCUMSTANCES. IN THIS BILL WE'VE

ELIMINATED THE NOTICE OF CLAIM.

MR. GOODELL: AND, LIKEWISE, YOU'VE ELIMINATED

NOT ONLY THE NOTICE OF CLAIM, THE RIGHT TO A 50-H HEARING AND ANY OTHER

OF THOSE SPECIAL PROVISIONS THAT APPLY TO CLAIMS AGAINST SCHOOLS AND

MUNICIPALITIES?

MS. ROSENTHAL: YES.

NYS ASSEMBLY JANUARY 28, 2019

MR. GOODELL: OKAY. DOES THIS BILL, BY THE WAY,

INCREASE MANDATORY BACKGROUND CHECKS FOR PEOPLE THAT ARE WORKING

WITH YOUNG PEOPLE?

MS. ROSENTHAL: NO, OTHER BILLS DEAL WITH THAT,

BUT NOT THIS ONE.

MR. GOODELL: DOES THIS BILL INCREASE REPORTING

REQUIREMENTS? FOR EXAMPLE, FOR CHURCH OFFICIALS --

MS. ROSENTHAL: NO, THIS BILL HAS NO REPORTING

REQUIREMENTS IN IT.

MR. GOODELL: DOES THIS BILL PROVIDE ANY FUNDING

FOR VICTIMS WHO MIGHT BE DAMAGED BY OR SUFFER A LOSS OR INJURY FROM

INDIVIDUALS THAT DON'T HAVE ANY MONEY, LIKE A COMPENSATION FUND OR

SOMETHING OF THAT NATURE?

MS. ROSENTHAL: WELL, THIS BILL PROVIDES THE PATH

TO JUSTICE. COLLECTING THE FUNDS IS A SEPARATE ISSUE.

MR. GOODELL: I'M SORRY, I MISSED THAT.

MS. ROSENTHAL: THIS BILL PROVIDES THE PATH TO

JUSTICE TO AIR YOUR COMPLAINT IN A COURT OF LAW. IT DOES NOT DEAL WITH

COLLECTING ON THE CLAIM.

MR. GOODELL: AND IT DOESN'T CREATE ANY SPECIAL

VICTIM COMPENSATION FUND, FOR EXAMPLE, THAT HAVE BEEN PROPOSED IN

OTHER BILLS?

MS. ROSENTHAL: NO. THIS BILL WILL ACTUALLY LEAD

TO THE INSTITUTIONS, IF THEY ARE FOUND NEGLIGENT, THEN THEY WOULD HAVE TO

PAY.

NYS ASSEMBLY JANUARY 28, 2019

MR. GOODELL: I SEE. AND IS THERE ANY

CONSIDERATION GIVEN TO THE FACT THAT NO INSTITUTION CAN BUY INSURANCE

THAT COVERS CLAIMS WITH NO STATUTE OF LIMITATIONS; IS THERE ANY

CONSIDERATION WITH THAT?

MS. ROSENTHAL: NO. I MEAN, A LOT OF THE

INSTITUTIONS HAVE INSURANCE, WHICH IS ONE OF THE REASONS THE INSURANCE

LOBBY HAS LOBBIED AGAINST THIS BILL, BUT...

MR. GOODELL: ARE YOU AWARE OF ANY INSURANCE

THAT COVERS CLAIMS THAT ARE 20, 30, 40 YEARS OLD?

MS. ROSENTHAL: THAT ARE WHAT? OH, NO, BUT

MANY ARE SELF-INSURED.

MR. GOODELL: SELF-INSURED, MEANING IT COMES OUT

OF THEIR OWN POCKET. I LOVE THAT PHRASE, "SELF-INSURED", WHICH REALLY

MEANS NO INSURANCE, RIGHT?

MS. ROSENTHAL: WELL, THEY CAN MAKE A CHOICE TO

SELF-INSURE OR TO BUY INSURANCE.

MR. GOODELL: AND ARE YOU AWARE -- IS THERE ANY

INSURANCE COMPANY IN THE WORLD THAT WILL WRITE INSURANCE THAT COVERS

CLAIMS WITH NO STATUTE OF LIMITATIONS GOING BACK WITHOUT LIMITATION?

MS. ROSENTHAL: YOU KNOW, I -- THERE ARE OTHER

CIRCUMSTANCES WHERE THERE ARE NO STATUTE OF LIMITATIONS, SO YOU MIGHT

ASK ON THOSE CASES, AS WELL.

MR. GOODELL: OTHER THAN THE FACT THAT THIS

ADDRESSES A STATUTE OF LIMITATIONS, IS THERE ANY PROVISIONS IN THIS BILL

THAT ARE DESIGNED TO REDUCE THE INSTANCE OF SEX ABUSE AMONGST YOUNG

NYS ASSEMBLY JANUARY 28, 2019

PEOPLE, LIKE INCREASED EDUCATION, ENCOURAGING EARLIER REPORTING,

ENHANCED STANDARDS FOR THOSE WHO ARE DEALING WITH YOUNG PEOPLE;

ANYTHING OF THAT NATURE, OR IS IT JUST LIMITED TO THE STATUTE OF

LIMITATIONS?

MS. ROSENTHAL: WELL, IT'S -- IT'S MORE THAN JUST

EXTENDING THE STATUTE OF LIMITATIONS. IT'S PROVIDING A LOOKBACK WINDOW

WITH A SIX-MONTH LEAD TIME SO THAT PEOPLE WHO WERE ABUSED WHILE THEY

WERE CHILDREN AND THEY ARE NOW ADULTS WILL HAVE RECOURSE TO GO BACK

AND NAME THEIR ABUSER IN COURT AND THE INSTITUTION THAT MIGHT HAVE

HARBORED THAT ABUSER. I WOULD HOPE THAT THIS KIND OF STRONG LAW WOULD

BE A BIG ENOUGH DETERRENT SO THAT THAT KIND OF BEHAVIOR DID NOT

CONTINUE, BUT IT DOES NOT HAVE SPECIFIC THINGS ABOUT CHANGING BEHAVIOR.

MR. GOODELL: NOW, IS THERE ANY PROVISION IN THIS

LAW -- LAWSUIT, DURING THAT WIDE OPEN PERIOD, MUST BE COMMENCED

WHILE THE ALLEGED ABUSER IS ALIVE --

MS. ROSENTHAL: NO --

MR. GOODELL: -- OR CAN IT BE COMMENCED AGAINST

THEIR ESTATE, OR EVEN AGAINST THE SCHOOL DISTRICT OR MUNICIPALITY LONG

AFTER THE PERSON IS DEAD?

MS. ROSENTHAL: THIS -- THIS DOES NOT -- THIS BILL

DOES NOT ADDRESS THAT AND, PRESUMABLY, WHEN IT GETS TO COURT, THE -- THE

JUDGE WILL DECIDE IF -- AND THE JURY WILL DECIDE IF THEY'VE PROVED THEIR

CASE.

MR. GOODELL: THANK YOU VERY MUCH, MS.

ROSENTHAL --

NYS ASSEMBLY JANUARY 28, 2019

MS. ROSENTHAL: THANK YOU.

MR. GOODELL: -- FOR YOUR COMMENTS.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. A FEW

MONTHS AGO I WAS CHANNEL SURFING AND I CAME ACROSS THIS SHOW WHICH

CAUGHT MY ATTENTION FOR JUST A FEW MINUTES; FORTUNATELY IT WAS JUST A

FEW MINUTES BECAUSE IT WAS ENTIRELY FICTIONAL. AND THE PREMISE OF THE

STORY WAS THAT -- OF THE SHOW WAS THAT ALL THE CRIMINAL LAWS WERE

SUSPENDED FOR A 24-HOUR PERIOD AND YOU COULD RAPE, KILL, PILLAGE, DO

WHATEVER YOU WANTED FOR THAT 24-HOUR PERIOD. I CAN'T REMEMBER THE

NAME OF IT, IT'S PURGE OR SOMETHING LIKE THAT - YEAH - AND IT WAS -- IT

WAS FICTION.

BUT THIS BILL APPARENTLY IS NOT FICTION, BECAUSE IT'S JUST

LIKE THAT TV SHOW PURGE. FOR A YEAR, YOU CAN BRING A CIVIL LAWSUIT

AGAINST ANYBODY WITH NO RESTRICTIONS WHATSOEVER AS TO THE TIMING.

THEY DON'T EVEN HAVE TO BE ALIVE ANYMORE, YOU CAN SUE THEIR ESTATE IF

THEY HAVE ONE, OR THEIR EMPLOYER. AND YOUR CLAIM COULD BE 50, 60, 70

YEARS OLD, LONG PAST THE TIME THAT ANY, ANY INDIVIDUAL OR EMPLOYER

WOULD HAVE ANY RECORDS TO DEFEND THEMSELVES. AND IN A CIVIL CASE,

SOMETIMES IT COMES DOWN TO ONE PERSON'S WORD, HIS WORD AGAINST HER

WORD OR VICE VERSA. IT'S NOT LIKE A CRIMINAL CASE WHERE YOU HAVE TO

HAVE SUBSTANTIVE EVIDENCE, YOU KNOW LIKE A CSI OR SOMETHING LIKE

THAT. NO, IN A CIVIL CASE IT'S BASED ON TESTIMONY.

NYS ASSEMBLY JANUARY 28, 2019

AND SO HERE, WE'RE TALKING ABOUT A BILL THAT WOULD

ALLOW SOMEONE TO SUE SOMEONE ELSE OR THEIR ESTATE OR THE SCHOOL

DISTRICT OR THEIR MUNICIPALITY WITH NO ONE ON THE OTHER SIDE THAT HAS ANY

KNOWLEDGE THAT CAN TESTIFY AGAINST THEM, WITH NO INSURANCE WHATSOEVER

TO COVER YOUR MUNICIPALITY OR YOUR SCHOOL DISTRICT. AND WHAT HAPPENS

WHEN A JUDGMENT IS RENDERED AGAINST YOUR MUNICIPALITY AND SCHOOL

DISTRICT AND THERE'S NO INSURANCE? WELL, THE ANSWER IS IT COMES OUT OF

THE POCKET OF THE TAXPAYERS IN YOUR SCHOOL OR YOUR MUNICIPALITY, IF THEY

CAN EVEN RAISE THE TAXES OVER THE TAX CAP TO COVER IT. AND IF THEY DON'T,

WHERE DOES IT COMES FROM? THERE'S NO MAGIC MONEY TREE OUT THERE. IT

COMES OUT OF THE OPERATING BUDGET, WHICH MEANS ALL THE CURRENT

STUDENTS WILL BE UNDERFUNDED, AND THE MUNICIPALITY WILL BE

UNDERFUNDED AND IT'LL CREATE FINANCIAL CHAOS.

PERSONALLY, I SUPPORT EXTENDING THE STATUTE OF

LIMITATIONS AND I AGREE WITH MY COLLEAGUE THAT THAT'S AN IMPORTANT THING

THAT WE SHOULD DO IS EXTEND THE CRIMINAL STATUTE OF LIMITATIONS WHERE

THERE'S PROTECTIONS IN THE CRIMINAL LAW TO PREVENT AGAINST FALSE CLAIMS

BECAUSE OF THE STANDARD OF PROOF IS BEYOND A REASONABLE DOUBT. SO, I

SUPPORT THAT ASPECT OF THE BILL AND I COMMEND MY COLLEAGUE FOR -- FOR

INCLUDING THAT. BUT AN UNLIMITED STATUTE OF LIMITATIONS NEITHER WISE NOR

APPROPRIATE AND WHEN YOU COUPLE THAT WITH THE FACT THAT THIS BILL

ACTUALLY DOES NOTHING TO ADDRESS THE UNDERLYING CLAIM, DOES IT?

DOESN'T INCREASE REPORTING REQUIREMENTS, DOESN'T INCREASE BACKGROUND

CHECKS, DOESN'T PUT IN ANY EXTRA PROTECTIONS FOR OUR YOUNG PEOPLE. ALL

IT DOES IS ALLOW SOMEBODY, REGARDLESS OF HOW MANY DECADES HAVE

NYS ASSEMBLY JANUARY 28, 2019

PASSED, TO SUE YOUR LOCAL SCHOOL DISTRICT AND YOUR LOCAL MUNICIPALITY

CLAIMING THEY WERE A VICTIM WHEN THERE ARE NO LONGER ANY RECORDS OR

ANYONE ALIVE TO DEFEND YOUR LOCALITY.

FOR THAT REASON, I WILL BE VOTING AGAINST IT. ALTHOUGH,

AS I MENTIONED, I WOULD SUPPORT PORTIONS OF IT AS IT RELATES TO EXTENDING

THE CRIMINAL STATUTE OF LIMITATIONS. THANK YOU VERY MUCH, MR.

SPEAKER, AND, AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: MR. SCHMITT.

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

THE SPONSOR YIELD FOR QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

ROSENTHAL?

THE SPONSOR YIELDS.

MR. SCHMITT: ARE YOU AWARE OF THE SHIRK V. VISTA

UNIFIED SCHOOL DISTRICT DECISION IN CALIFORNIA THAT FOUND WHILE THE

CALIFORNIA CHILD VICTIMS ACT MAY HAVE BEEN WRITTEN TO APPLY TO BOTH

PRIVATE AND PUBLIC INSTITUTIONS, THAT IT DID NOT ACTUALLY APPLY TO PUBLIC

OR GOVERNMENT AGENCIES?

MS. ROSENTHAL: WE TOOK CARE OF THIS ISSUE WITH

ELIMINATING THE NOTICE OF CLAIM.

MR. SCHMITT: IT WAS FOUND THAT BY POTENTIALLY

INTENTIONAL DESIGN, A LEGISLATIVE DRAFTING ERROR SHIELDED PUBLIC SCHOOLS

AND GOVERNMENT ENTITIES FROM THE ONE-YEAR REVIVAL OF LAPSED CLAIMS.

THIS WAS THE RESULT OF THAT DECISION. IS THERE ANY CONCERN IN YOUR MIND

OF ANY POSSIBILITY THAT WHAT OCCURRED IN CALIFORNIA WITH THE DRAFTING

NYS ASSEMBLY JANUARY 28, 2019

ERROR COULD OF OR HAS OCCURRED IN THIS BILL BEFORE US TODAY?

MS. ROSENTHAL: ABSOLUTELY NOT.

MR. SCHMITT: IN THE CASE OF FUTURE JUDICIAL

REVIEW, WOULD YOU SAY THAT THE LEGISLATIVE INTENT OF THIS BILL BEFORE US

TODAY IS TO BE EQUALLY IMPLIED IN ALL ASPECTS TO ALL INSTITUTIONS - PRIVATE

OR PUBLIC - EVEN IF FUTURE DISCREPANCIES ARE DISCOVERED?

MS. ROSENTHAL: WELL, TO GIVE YOU A SIMPLE

ANSWER, IT SAYS "EVERY"; IT SAYS "EVERY CIVIL CLAIM." SO, THAT COVERS

EVERY INSTITUTION. WE BELIEVE LAST YEAR THAT IT -- IT DID COVER EVERY, BUT

PEOPLE WERE ALLEGING THAT IT DIDN'T SO WE WERE VERY SPECIFIC IN THIS BILL

TO SAY THAT IT COVERS BOTH, SO THERE SHOULD BE NO MISINTERPRETATION.

MR. SCHMITT: SO YOU'RE CONFIDENT. I'M IN

SUPPORT, SO --

MS. ROSENTHAL: I AM.

MR. SCHMITT: -- I JUST WANTED TO MAKE SURE THAT

THAT'S ON THE --

MS. ROSENTHAL: YES, I AM AND THE TEAM OF LEGAL

EAGLES IN THE ASSEMBLY IS CONFIDENT, AS WELL.

MR. SCHMITT: GREAT. THANK YOU.

AND NEXT QUESTION: WOULD THERE BE ANY REMEDY FOR

VICTIMS OF ABUSE WHO ARE NOT VICTIMS OF INSTITUTIONAL ABUSE, SUCH AS

VICTIMS OF FAMILY MEMBERS, PRIVATE BABYSITTER, WHO ARE NOT

DEEP-POCKETED INSTITUTIONS?

MS. ROSENTHAL: WELL, YOU KNOW, THAT'S A -- THAT

IS AN ISSUE, BUT IT WOULD ALLOW PEOPLE TO GO TO COURT AND SUE THEM. SO,

NYS ASSEMBLY JANUARY 28, 2019

WHETHER THEY HAVE MONEY OR NOT, I CAN'T TELL YOU, BUT THEY CAN ATTEMPT

TO GET DAMAGES.

MR. SCHMITT: OKAY. I THANK YOU FOR YOUR

QUESTIONS.

MS. ROSENTHAL: THANK YOU.

MR. SCHMITT: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

SCHMITT.

MR. SCHMITT: I'LL BE VOTING IN SUPPORT OF THE CHILD

VICTIMS ACT TODAY. I BELIEVE ALL VICTIMS DESERVE TO SEEK JUSTICE AND

HAVE THE ABILITY TO REMEDY THE GRAVE WRONG THAT WAS DONE TO THEM.

THE FACT THAT THIS LEGISLATION WILL APPLY TO ALL INSTITUTIONS, PRIVATE OR

PUBLIC, AND THAT IT HAS BEEN CLEARLY OUTLINED BY THE SPONSOR TODAY IS OF

CRITICAL IMPORTANCE TO ME. ALL VICTIMS DESERVE EQUAL ACCESS TO JUSTICE.

FOR A MAJORITY OF VICTIMS WHO SUFFERED ACTS

COMMITTED BY FAMILY, FRIENDS OR INDIVIDUALS UNCONNECTED WITH

DEEP-POCKETED INSTITUTIONS, THEY WILL NOT SEEK EQUAL JUSTICE AFTER THE

PASSAGE OF THIS BILL. ALSO, WHILE OTHER LEGISLATION WOULD ELIMINATE THE

CRIMINAL STATUTE OF LIMITATIONS, THIS BILL WILL NOT. SO, WHILE WE'RE

CERTAINLY HEADING IN THE RIGHT DIRECTION AND I'M HAPPY TO VOTE YES, MY

HOPE IS THAT THIS LEGISLATION IS JUST THE BEGINNING, AND THAT THIS BODY

WILL WORK TO GO EVEN FURTHER TO GUARANTEE JUSTICE IS EQUALLY AVAILABLE TO

ALL VICTIMS IN ALL CIRCUMSTANCES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. FITZPATRICK.

NYS ASSEMBLY JANUARY 28, 2019

MR. FITZPATRICK: THANK YOU, MR. SPEAKER. YOU

KNOW, WHEN THIS -- WHEN THIS LEGISLATION WAS ORIGINALLY INTRODUCED, IT

WAS TARGETED SOLELY TO PRIVATE INSTITUTIONS, AND WE KNOW THAT THE

PRIMARY TARGET WAS THE CATHOLIC CHURCH. AND NOW HERE WE ARE TODAY

AND LO AND BEHOLD, IT'S EVERYONE -- EVERYONE IS IN, PUBLIC INSTITUTIONS AS

WELL AS PRIVATE. BUT I REALLY, I HAVE -- WHEN -- AFTER THIS BILL IS PASSED

AND SIGNED, I THINK WE'RE GOING TO FIND OUT, ESPECIALLY ON THE PUBLIC

SIDE, WHICH EXPLAINS WHY THE ORIGINAL VERSION WAS SO STRENUOUSLY

OPPOSED BY NEW YORK STATE UNITED TEACHERS AND OTHERS THAT THERE'S

GOING TO BE TREMENDOUS EXPOSURE TO PUBLIC INSTITUTIONS, AS WELL AS

PERHAPS TO THE CATHOLIC CHURCH, THE SCOUTS, BOY SCOUTS AND PERHAPS

OTHERS.

BUT I THINK -- I THINK YOU'RE GOING TO SEE NEXT YEAR A

CHAPTER AMENDMENT TO THIS BILL BECAUSE THERE'S GOING TO BE A HUE AND

CRY FROM THOSE PUBLIC INSTITUTIONS THAT THEY CAN'T AFFORD THIS, AND I THINK

WE'RE GOING TO END UP SEEING NEXT YEAR PROBABLY A CHAPTER

AMENDMENT TO BACK OUT THE PUBLICS AND LEAVE THE PRIVATE INSTITUTIONS

TOTALLY EXPOSED. BECAUSE I THINK THE BLUFF WAS CALLED ON THE CATHOLIC

CHURCH WHO SAID WE WOULD WITHDRAW OUR SUPPORT IF PUBLICS ARE

INCLUDED AND, YES THEY ARE, BUT WHAT THE LEGISLATURE GIVETH, THE

LEGISLATURE CAN TAKETH AWAY. AND I BELIEVE NEXT YEAR PROBABLY YOU'RE

GOING TO SEE A CHAPTER AMENDMENT BACKING OUT THE PUBLICS TO PROTECT

THEM. AND IF THAT OCCURS, IT WOULD BE WRONG.

BUT I HAVE TO SAY, I AM NOT GOING TO VOTE FOR

LEGISLATION THAT IS GOING TO BANKRUPT MY DIOCESE OR ANY OTHER DIOCESE

NYS ASSEMBLY JANUARY 28, 2019

AND THREATEN CATHOLIC HEALTH CARE, CATHOLIC CHARITIES OR CATHOLIC

EDUCATION. THE CATHOLIC CHURCH HAS DONE MORE THAN ANY OTHER

INSTITUTION TO MAKE SURE THAT THIS NEVER HAPPENS AGAIN. IF YOU SIGN UP

TO TEACH SUNDAY SCHOOL OR YOU SIGN UP TO COACH CYO BASKETBALL, JUST

WATCH HOW MANY HOOPS YOU HAVE TO GO THROUGH IN ORDER TO BE ABLE TO

MINISTER TO CHILDREN TODAY IN THE CHURCH. THEY'VE DONE AN OUTSTANDING

JOB AND THEY HAVE CREATED A COMPENSATION FUND TO MEET THOSE NEEDS.

THE LOOKBACK PERIOD, IF YOU TALK TO A LOT OF ATTORNEYS, THEY'LL SAY IT IS

NOT A GOOD IDEA TO SCRATCH THE STATUTE OF LIMITATIONS HERE, BECAUSE IF

YOU DO IT FOR THIS, YOU CAN DO IT FOR OTHER ISSUES, AS WELL.

SO, I AM NOT GOING TO SUPPORT LEGISLATION THAT IS GOING

TO BANKRUPT NOT JUST PERHAPS CATHOLIC DIOCESES OR THE BOY SCOUTS OF

AMERICA OR A UNIVERSITY OR A HOSPITAL OR ANYTHING LIKE THAT. THAT IS THE

WRONG THING TO DO. ESTABLISH A COMPENSATION FUND AS THE CHURCH HAS

DONE AND THE NEEDS OF THESE PEOPLE CAN BE MET. BUT FOR THAT REASON,

MR. SPEAKER, I OPPOSE THIS LEGISLATION AND WILL NOT BE VOTING FOR IT.

THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

FOR AN ANNOUNCEMENT.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE CALL THE JUDICIARY COMMITTEE TO THE SPEAKER'S CONFERENCE

ROOM IMMEDIATELY FOR A COMMITTEE MEETING.

ACTING SPEAKER AUBRY: JUDICIARY COMMITTEE,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY. THANK YOU.

MS. LINDA ROSENTHAL.

NYS ASSEMBLY JANUARY 28, 2019

MS. ROSENTHAL: THANK YOU.

ON THE BILL.

WE'VE HEARD OVER MANY YEARS ABOUT VICTIMS AND

SURVIVORS OF CHILDHOOD SEX ABUSE, AND I JUST WANT TO READ A LIST OF

NAMES OF PEOPLE WHO GAVE THEIR HEARTS AND SOULS TO THIS EFFORT TO HELP

SPARE ANY FUTURE GENERATIONS OF THIS KIND OF HORRIFIC ABUSE. SO:

AMANDA C, ANA WAGNER, ASHER LOVY, BETH ANNE GOLDBERG, BRIAN

TOALE, BRIDIE FARRELL, BRITTANY KILCHER, CHAIM LEVIN, CHAYA K, CHRIS

GAVAGAN, CONNIE ALTAMIRANO, DEONDRA BROWN, DESIRAE BROWN-LUCH,

DOROTHY FARRELL, FRED MARIGLIANO, GABRIEL SLOYER, GARY GREENBERG,

GERARD BARLOW, HAROLD SEIRING, JASON GOUGH, JAY GOLDBERG, JEANNA

LIMMER, DANA MARCUS, ROBIN SOSIN, DINA RIBAUDO, DR. STUART

COPPERMAN, JEANNE MARRON, JENNIFER BARLOW, JENNIFER S, JESSICA S,

KAT SULLIVAN, KEVIN BRANEY, LAIBY STERN, MAMELA KELLER, MARK

ANTHONY TAYLOR, MARTHA KAMBER, MARY ELLEN BARLOW-O'LOUGHLIN,

MELANIE BLOW, MICHELLE LIANE CARR, PETER BANM, REBECCA HOLLEY,

RICHARD C, ROBERT COSGROVE, ROBERT HOATSON, RONALD SAVAGE, SARA

KABAKOV, SARA SMAHL, NANCY SMAHL, DR. JANE BEDELL, LISA YOUNG,

BOBBY DAVIS, MAXINE DE SETA, MARK WAGNER, PAUL WAGNER, JOHN

WAGNER, CAROLINE WAGNER, SHAUN DOUGHTY, SIVAN PHILO, SOFIA

BOUKHOBZA, SRULY HELLER, TANIA COLLAZO, TOM ANDRIOLA, WENDY

HOOKER.

THE FOLLOWING 63 INDIVIDUALS ARE BRINGING SUIT AGAINST

DR. ARCHIBALD AND ROCKEFELLER UNIVERSITY: HOWARD GORMAN, DONNA

LEVINSOHN, HAROLD MARMON, CHARLES GROSSMAN, GARY SUPEAU,

NYS ASSEMBLY JANUARY 28, 2019

VINCENT DOMINICK GUZZONE, IRA RATNER, MATT HARRIS, KENNETH SWARTH,

CYNTHIA FEARN (CUTLER) DE VICQ DE CUMPTICH, GARY GREENE, RICHARD

MANFRE, JON GROSSMAN, ADRIENNE EPSTEIN KORN, MICHAEL MANFRE,

GARY JAMES MANFRE, ROBERT EPSTEIN, GEORGE AVILA, CHIS HAMMETT,

MEL GREENBLATT, SCOTT TURNER, MICHAEL DAVIS, DAVID GOLDSMITH,

CHARLES MARAVOLO, SUSAN LEVY, FRED GRUNSEID, ROLAND MONTANA,

MICHAEL GUIDA, HELENE HAMILTON, JACK PEARSON, HARRIET COHEN

PLOTKIN, SCOTT HOWARD FRIEDMAN, JAMES FLEMING, MICHAEL R. MURRAY,

JAMES MADIO, STEVE LEON, MARTIN COHEN, CHARLES G, MICHAEL A, JULIA

B, MARK P, FRANK G, KENNETH R, HENRY D, BRIAN B, MARK S, JEFFREY E,

NEIL S, RICHARD W, DAVID R, MARTIN P, STEVEN F, MATTHEW R, MARC M,

DAVID M, MANNY G, PETER S, MITCHELL R, FRANCISCO L, STEPHEN G,

MITCHELL F, MICHAEL D, STUART R, STEVEN E, DANIEL D. MABB, PATRICIA

MACIULEWICZ RABINOVICH, DIANE REAVES, ERICA OATMAN, YONA KOHN,

DAN BAUER, PAUL DUNN, TRISH CAHILL, PAMELA DEACON O'GRADY AND

LEAH REINER.

HOW -- HOW MUCH TIME WAS THAT?

ACTING SPEAKER AUBRY: EXCUSE ME? YOU

ASKED WHAT, HOW MUCH --

MS. ROSENTHAL: YES, HOW MUCH TIME I HAVE LEFT.

ACTING SPEAKER AUBRY: OH, YOU HAVE 11

MINUTES.

MS. ROSENTHAL: I HAVE WHAT?

ACTING SPEAKER AUBRY: ELEVEN MINUTES.

MS. ROSENTHAL: LEFT? DONE? WHICH ONE?

NYS ASSEMBLY JANUARY 28, 2019

ACTING SPEAKER AUBRY: ELEVEN MINUTES LEFT,

MS. ROSENTHAL.

MS. ROSENTHAL: OKAY. I WILL GET TO MY REMARKS

REALLY QUICKLY.

TODAY IS A DAY 13 YEARS IN THE MAKING, BUT WE ARE

FINALLY HERE. FROM THE BEGINNING, THE ODDS AGAINST THIS CHILD VICTIMS

ACT WERE SO LONG. FOR YEARS, POWERFUL INSTITUTIONS WITH SO MUCH TO

HIDE BANDED TOGETHER WITH THE HELP OF THEIR FRIENDS IN THE LEGISLATURE

TO LOCK THE DOORS OF JUSTICE TO SURVIVORS OF CHILDHOOD SEXUAL ASSAULT.

FOR TOO LONG, NEW YORK LAW DEMANDED THE IMPOSSIBLE FROM YOUNG

CHILDREN WHO AT THE TIME OF THEIR ABUSE DID NOT EVEN HAVE THE ABILITY OR

WORDS TO ARTICULATE WHAT HAPPENED TO THEM. AND WE KNOW THAT MANY

OF THE CHILDREN WHO WERE ABUSED WERE PEOPLE WITH INTELLECTUAL OR

MENTAL DISABILITIES.

TO BE THE VICTIM OF SEXUAL ABUSE AT SUCH A YOUNG AGE

CAN SHATTER A PERSON. COUPLED WITH THE MONTHS OR YEARS OF

PSYCHOLOGICAL GROOMING THAT OFTEN PROCEED THE FIRST INSTANCES, ABUSERS

SEEK TOTAL PHYSICAL AND EMOTIONAL CONTROL OVER THEIR VICTIMS. AFTER THE

SEXUAL ABUSE, INTIMIDATION, COERCION, CONSTANT SHAME IS OFTEN JUST THE

BEGINNING. AS A RESULT, SURVIVORS INTERNALIZE DEEP FEELINGS OF SHAME,

EMBARRASSMENT AND DESPERATION. IT SHOULD COME AS NO SURPRISE THAT THE

AVERAGE SURVIVOR OF CHILDHOOD SEXUAL ABUSE DOES NOT COME FORWARD TO

TELL THEIR STORY FOR YEARS.

FOR TOO LONG, NEW YORK LAW SENT THE MESSAGE THAT THE

SUFFERING OF SURVIVORS WAS SECOND TO THAT OF THE POWERFUL INDIVIDUALS

NYS ASSEMBLY JANUARY 28, 2019

AND INSTITUTIONS THAT IT WAS PROTECTING. THAT CHANGES TODAY. TODAY, WE

IN THE ASSEMBLY, A BODY THAT HAS SINCE THE BEGINNING STOOD FIRMLY,

CONSISTENTLY AND RESOLUTELY WITH THE SURVIVORS IN OUR STATE, WILL VOTE

FOR THE LAST TIME TO PASS CVA INTO LAW AND FOR THE FIRST TIME, WE WILL BE

JOINED BY OUR COLLEAGUES IN THE SENATE. TODAY, WE HEED THE WORDS OF

THE CHURCH MUTUAL INSURANCE COMPANY, WHOSE MISSION STATED IS TO,

QUOTE, "PROTECT THE GREATER GOOD." WE WILL HEED THE WORDS OF THE NOW

FILING FOR BANKRUPTCY BOY SCOUTS OF AMERICA TO BE, QUOTE, "PHYSICALLY

STRONG, MENTALLY AWAKE AND MORALLY STRAIGHT." WE WILL HEED THE WORDS

OF THE BOOK OF MATTHEW, WHATEVER YOU DID NOT DO FOR ONE OF THE LEAST

OF THESE, YOU DID NOT DO FOR ME. AND WE WILL HEED THE WORDS OF POPE

FRANCIS WHO, IN 2016, SAID, WE MUST NOT TOLERATE THE ABUSE OF MINORS.

WE MUST DEFEND MINORS AND WE MUST SEVERELY PUNISH THE ABUSERS.

WE HAVE SEEN MANY CASES OF SEXUAL ABUSE ROCK BOTH

PUBLIC AND PRIVATE INSTITUTIONS. THIS BILL COVERS BOTH. THIRTEEN YEARS

AGO WHEN OUR FORMER COLLEAGUE, MARGE MARKEY, WHO IS HERE TODAY --

(APPLAUSE)

-- INTRODUCED THE BILL, SHE DID SO TO A HAILSTORM OF

OPPOSITION FROM RELIGIOUS INSTITUTIONS AND INDIVIDUALS WHO BENEFITTED

THEN AS THEY DO NOW FROM THE STATUS QUO. SHE COULD NOT HAVE KNOWN

THAT IT WOULD TAKE ANOTHER 13 YEARS OF FIGHTING, A GLOBAL RECKONING OF

SEXUAL ASSAULT AND HARASSMENT, A JAW-DROPPING 884-PAGE GRAND JURY

REPORT OUT OF PENNSYLVANIA DETAILING THE ABUSE OF MORE THAN 1,000

CHILDREN BY MORE THAN 300 PRIESTS, AN INTERNATIONAL CRISIS OF CONSCIENCE

AMONG PEOPLE OF FAITH AND A BLUE WAVE THAT WASHED AWAY THE

NYS ASSEMBLY JANUARY 28, 2019

OPPONENTS AND DELIVERED US TRUE AND COMMITTED PARTNERS. MARGE TOOK

THIS ISSUE ON BECAUSE SHE KNEW THAT IT WAS THE RIGHT THING TO DO. MARGE

SPENT MANY YEARS FIGHTING TO SEE THE CVA BECOME LAW AND TODAY

WOULD NOT BE POSSIBLE WITHOUT HER COURAGE AND BRAVERY AND I THANK

HER.

IN THE WORDS OF MARTIN LUTHER KING, WHICH EVERY

PERSON IN ELECTED OFFICE SHOULD USE DAILY AS A GUIDE, COWARDICE ASKS

THE QUESTION IS IT SAFE? EXPEDIENCY ASKS THE QUESTION, IS IT POLITIC?

VANITY ASKS THE QUESTION IS IT POPULAR, BUT CONSCIENCE ASKS THE

QUESTION IS IT RIGHT? AND THERE COMES A TIME WHEN ONE MUST TAKE A

POSITION THAT IS NEITHER SAFE NOR POLITIC NOR POPULAR, BUT ONE MUST TAKE

IT BECAUSE ONE'S CONSCIENCE TELLS US THAT IT IS RIGHT.

I ESPECIALLY WANT TO THANK SPEAKER HEASTIE FOR HIS

COURAGEOUS LEADERSHIP ON THIS ISSUE, ENSURING THAT IS ALWAYS AT THE TOP

OF OUR PRIORITY LIST. EACH YEAR, THE ASSEMBLY HAS TAKEN THIS UP,

SENDING A MESSAGE TO EVERY SINGLE PERSON THAT THE ASSEMBLY IS THE

BODY OF THE PEOPLE AND THAT OUR DUTY IS TO PROMOTE AND PROVIDE

JUSTICE. I WOULD ALSO LIKE TO THANK THE TEAM OF LAWYERS WHO HAVE BEEN

WORKING ON THIS FOR THE ASSEMBLY FOR YEARS: KATHLEEN O'KEEFE, DAN

SALVIN, MARTY ROSENBAUM, RICH ANCOWITZ AND THE CODES CHAIR, JOE

LENTOL. MY STAFF: LAUREN SCHUSTER, GUS IPSEN AND NICK GUILE, AND

MANY OTHERS WHO HAVE HELPED US ALONG THE WAY.

THERE'S A SENTENCE OUT OF PIRKEI AVOT, WHICH IS A

COMPILATION OF THE TEACHINGS OF THE ETHICS OF THE FATHERS. AND I QUOTE

RABBI TARFON: HE SAID, "IT IS NOT YOUR RESPONSIBILITY TO FINISH THE WORK

NYS ASSEMBLY JANUARY 28, 2019

OF PERFECTING THE WORLD, BUT YOU ARE NOT FREE TO DESIST FROM IT EITHER."

AND MY COLLEAGUES, IN VOTING FOR THIS BILL WE ARE DOING OUR PART IN

PERFECTING THE WORLD. THANK YOU.

ACTING SPEAKER AUBRY: MS. BICHOTTE.

MS. BICHOTTE: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MADAM.

MS. BICHOTTE: I WOULD LIKE TO THANK THE SPONSOR

OF THIS BILL. THIS BILL CONCERNS THE STATUTE OF LIMITATIONS IN CRIMINAL AND

CIVIL ACTIONS ALLEGING A SEX CRIME. THE STATUTE OF LIMITATIONS IN

CRIMINAL CASES ALLEGING A SEX CRIME AGAINST A CHILD UNDER THE AGE OF 18

WOULD START RUNNING WHEN THE VICTIM TURNS 23, AS OPPOSED TO THE

CURRENT AGE OF 18 YEARS. THE STATUTE OF LIMITATIONS FOR CIVIL ACTIONS

ALLEGING THAT AN ADULT WAS SEXUALLY ABUSED WHEN THEY WERE A CHILD

WOULD CHANGE TO ALLOW THEM TO COMMENCE PROCEEDINGS ON OR BEFORE

THEY TURN 55 YEARS OF AGE.

I AM HAPPY THAT THIS BILL WOULD ALSO HOLD INSTITUTIONS,

BOTH PRIVATE AND PUBLIC, ACCOUNTABLE FOR CONCEALING EVIDENCE

PERTAINING TO SEX ABUSE OF A CHILD. THE JUDICIAL SYSTEM IS THE ONLY

VEHICLE OF WHICH THERE IS FAIR AND JUST AVENUES WHEN A VICTIM -- SO THAT

VICTIMS CAN BE VINDICATED WITHOUT THE FEAR OF RETALIATION OR BIASNESS.

IMAGINE THAT YOU ARE THAT YOUNG CHILD THAT WAS

VIOLATED AND ABUSED. YOU ARE HARMED IN WAYS YOU CANNOT YET

ARTICULATE, NOT EVEN AWARE OF HOW YOU CAN EVEN DEFEND YOURSELF AND

UNDERSTAND THE MEANING OF WHAT SEXUAL ABUSE IS UNTIL YOU GET A LITTLE

BIT OLDER IN LIFE. NOW, WHEN YOU DO FINALLY LEARN, YOU BURY IT DEEP.

NYS ASSEMBLY JANUARY 28, 2019

YOU'RE ASHAMED. YOU ARE EMBARRASSED. YOU'RE RESENTFUL. YOU FEEL

ALONE. YOU HOPE IT GOES AWAY, BUT IT NEVER DOES. IT NEVER DOES. I

KNOW THAT BECAUSE I, MYSELF, WAS SEXUALLY ABUSED AS A CHILD, A VICTIM.

I WAS AFRAID FOR A VERY LONG TIME TO COME FORWARD FOR THE RISK OF BEING

BLAMED FOR MY OWN PAIN. AT TEN YEARS OLD, A PASTOR TOUCHED ME. THE

ONE WHO PRAYED ON ME, FOR ME WHILE I WAS RECOVERING FROM A MAJOR

ACCIDENT THAT ALMOST TOOK MY LIFE, A CAR HITTING ME AND I WAS

BEDRIDDEN. I WAS VULNERABLE. I FELT UGLY AND I WAS TAKEN ADVANTAGE AS

A RESULT. I WAS TAUGHT TO BE SEEN AND NOT HEARD AND AS A HAITIAN LITTLE

GIRL, I WAS TOLD THAT ADULTS SHOULD BE RESPECTED AND THAT THEY'RE ALWAYS

RIGHT. MY BIGGEST FEAR, THOUGH, WAS THAT NOTHING WOULD BE DONE ABOUT

IT, SO I REMAINED SILENT FOR YEARS.

BUT WHEN YOU LOOK AT THE STATISTICS, I WAS CERTAINLY

NOT ALONE IN MY SUFFERINGS. ACCORDING TO THE NATIONAL CENTER FOR

VICTIMS OF CRIME, ONE-IN-FIVE GIRLS AND ONE-IN-20 BOYS UNDER THE AGE

OF 18 EXPERIENCE SEXUAL ABUSE. ABOUT 60,000 CASES ARE REPORTED EACH

YEAR AND ACCORDING TO A 2003 NATIONAL INSTITUTE OF JUSTICE REPORT,

THREE-OUT-OF-FOUR ADOLESCENTS WHO HAVE BEEN SEXUALLY ABUSED WERE

VICTIMIZED BY SOMEONE THEY KNEW WELL. EVERY 11 MINUTES CHILD

PROTECTIVE SERVICES SUBSTANTIATES A CRIME -- A CLAIM OF CHILD ABUSE.

MR. SPEAKER, THIS BILL IS A MUST BECAUSE IT SPEAKS TO

ALL THE VICTIMS WHO HAVE BEEN SEXUALLY ABUSED AS A CHILD. THE PASSING

OF THIS BILL MEANS A VICTORY FOR THEM, IT MEANS A VICTORY FOR ME. WE

ARE TELLING EVERYONE THAT WE'RE NOT ALONE. IT ALSO TELLS US WHENEVER

WE'RE READY, THAT NOW THERE'LL BE LAW THAT WILL BRING US JUSTICE FOR OUR

NYS ASSEMBLY JANUARY 28, 2019

PAIN. I, TOO, WOULD LIKE TO THANK MARGE MARKEY FOR FIGHTING THIS ISSUE

IN THE ASSEMBLY FOR MANY YEARS, 13 YEARS, AND NOW MY COLLEAGUE,

LINDA ROSENTHAL. I WANT TO THANK THEM. I DO WANT TO THANK MY GOOD

FRIEND, MARK MEYER APPEL, WHO IS HERE WHO HAS BEEN FIGHTING THIS

ISSUE, AS WELL, AND HAS BEEN A STAUNCH LEADER ON THIS ISSUE. I WANT TO

THANK ALL THE VICTIMS OF SEXUAL ABUSE WHO HAVE COME FORWARD. I WANT

TO THANK AND CONTINUE TO PRAY ALL OF THOSE WHO HAVE BEEN SILENT AND BE

THANKFUL FOR ALL THE ADVOCATES WHO STAND WITH THEM.

SO TODAY, MR. SPEAKER, I STAND WITH STRONG CONVICTION

AND I WILL BE SUPPORTING THIS BILL, THE CHILD VICTIMS ACT, TO BECOME

LAW. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. NIOU.

MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO HAVE A FEW MOMENTS TO SPEAK ON THE BILL. I DON'T TALK ABOUT THIS

A LOT, AND I THINK THAT THE LIST OF NAMES THAT LINDA HAD READ OFF ARE A

FEW OF THE BRAVE INDIVIDUALS THAT WERE WILLING TO STEP UP AND TO SPEAK

ABOUT THEIR OWN EXPERIENCES. UNFORTUNATELY, I HEARD MY COLLEAGUE, AS

WELL, IS AN ADDITION TO THAT LIST AND I WANTED TO TELL MY FRIENDS HERE THAT

I'M ALSO AN ADDITION TO THAT LIST. I WAS 13-YEARS-OLD, AND IT WAS A

TEACHER. AND I CAN STILL SMELL HIM, I CAN STILL SMELL WHAT HE SMELLS

LIKE. AND I TOLD PEOPLE IN MY CONFERENCE LAST YEAR WHEN WE WERE

ABOUT TO SPEAK ON THE BILL ABOUT MY EXPERIENCE, BUT I THINK, YOU KNOW,

IT'S NOT SOMETHING THAT I LIKE TO BRING UP BECAUSE IT'S SOMETHING THAT'S

SO SHAMEFUL AND SO HORRIBLE AND SO TRAUMATIC OF AN EXPERIENCE TO ME,

NYS ASSEMBLY JANUARY 28, 2019

TO MANY OF THE OTHER VICTIMS THAT IT'S REALLY, REALLY HARD TO BRING UP. IT'S

REALLY HARD TO TALK ABOUT IT FOR MANY, MANY REASONS.

I HOPE THAT, YOU KNOW, PEOPLE REALIZE THAT THIS IS NOT A

ATTACK ON ANY INSTITUTION, THIS IS NOT AN ATTACK ON ANYBODY ELSE. THIS IS

TO PROTECT VICTIMS. IT'S TO PROTECT CHILDREN AND IT'S ALSO TO HELP TO MAKE

SOMEBODY FEEL A LITTLE BIT MORE WHOLE AGAIN BECAUSE, IN REALITY, THE

ONLY REASON WHY I EVEN SPOKE UP AGAIN ABOUT THIS FOR ME IS BECAUSE I

FOUND OUT THAT THE PERSON WHO PREYED ON ME TOOK ADVANTAGE OF ANOTHER

GIRL. AND THAT IS WHY WE WANT TO MAKE SURE THAT PEOPLE CAN SPEAK UP.

BECAUSE A LOT OF TIMES, PEOPLE DON'T REALIZE THAT IT MATTERS. THAT IT

MATTERS TO PEOPLE, YOUR STORY, IT MATTERS TO PEOPLE THAT THERE'S A LIST OF

NAMES, THAT WE'RE NOT ALONE. THAT IT'S NOT SOMETHING THAT THE LAW

DOESN'T CARE ABOUT, THAT OUR GOVERNMENT DOESN'T CARE ABOUT, THAT OUR

FRIENDS AND COLLEAGUES HERE DOESN'T CARE ABOUT. AND THE REASON WHY I

CHOSE TO SPEAK ON THE BILL IS BECAUSE INSTEAD OF JUST EXPLAINING MY

VOTE, I HOPE TO TURN A FEW OF YOUR VOTES. I HOPE THAT I CONVINCE SOME

OF YOU THAT MAYBE, MAYBE THIS IS THE RIGHT THING TO DO, TO MAKE SURE

THAT MORE AND MORE -- WE HAVE AWARENESS, THAT WE NEED TO PROTECT OUR

CHILDREN AND THAT WE NEED TO MAKE SURE THAT WE ARE LISTENING, WE'RE

LISTENING TO ALL OF THE NAMES. WE'RE LISTENING TO ALL OF THE VOICES THAT

ARE CRYING OUT TO MAKE SURE THAT WE'RE PROTECTED.

THERE'S NOT A SINGLE DAY THAT THIS DOESN'T AFFECT ME.

THERE'S NOT A SINGLE TIME WHEN I'VE DATED SOMEBODY AND IT'S BEEN

NORMAL. THERE'S NOT A SINGLE TIME WHERE MY RELATIONSHIPS WITH PEOPLE

ARE NOT AFFECTED. I NEVER SPEAK ON THIS BILL FOR THIS REASON, BECAUSE I

NYS ASSEMBLY JANUARY 28, 2019

LITERALLY CAN'T STOP SHAKING. AND SO, I JUST WANTED TO LET YOU GUYS KNOW

THAT YOUR VOTE IS SO IMPORTANT TO ME AND SO IMPORTANT TO THOSE VICTIMS.

THANK YOU SO MUCH.

(APPLAUSE)

ACTING SPEAKER AUBRY: ON A MOTION BY THE

SENATE -- ON A MOTION BY MS. ROSENTHAL, 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.)

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I, TOO, WANT

TO COMMEND THE SPONSOR FOR PUSHING THIS BILL FORWARD AND ALSO TO

EXPRESS MY VERY DEEP GRATITUDE TO THE ORIGINAL SPONSOR OF THIS

LEGISLATION, ASSEMBLYMEMBER MARGE MARKEY, FOR HER VISION, HER

PERSISTENCE AND HER GUTS IN LEADING THIS CHARGE WHEN THERE WAS NOBODY

FOLLOWING. I ALSO WANT TO EXPRESS MY EVERLASTING THANKS TO THE MANY

SURVIVORS WHO HAVE ADVOCATED WITH SUCH HEART AND SOUL FOR THE PAST

DECADE OR MORE. THIS WOULD NOT HAVE HAPPENED WITHOUT YOUR COURAGE,

AND TODAY'S VICTORY IS YOURS.

THE CHILD VICTIMS ACT SAYS LOUDLY AND CLEARLY THAT

NEW YORK KNOWS RIGHT FROM WRONG. NEW YORK KNOWS THAT CHILD

SEXUAL ABUSE AND ASSAULT IS WRONG AND THAT THERE IS NO EXCUSE FOR

COVERING IT UP OR KICKING THE CAN FURTHER DOWN THE ROAD, BECAUSE EVERY

NYS ASSEMBLY JANUARY 28, 2019

KICK THAT THAT CAN -- TO THAT CAN HAS BEEN TWO KICKS IN THE GUT OF EVERY

SURVIVOR WHO HAS PRAYED FOR THE RELIEF THAT THIS LAW WILL PROVIDE. LET

US BE CLEAR, THIS LEGISLATION IS A VERY REASONABLE RESPONSE TO AN

UNREASONABLE SITUATION THAT HAS PLAGUED OUR STATE AND OUR COUNTRY FOR

YEARS AND YEARS AND YEARS. INSTITUTIONS THAT HAVE COVERED THIS UP FOR

DECADES AND HAVE HIRED AND HARBORED PERPETRATORS WHO HAVE OFTEN

SOUGHT OUT THE VERY ENVIRONMENTS WHERE THEY WILL HAVE ACCESS TO

CHILDREN THAT THEY CAN ABUSE AND INTIMIDATE INTO NOT TELLING. THESE

INSTITUTIONS HAVE FED THE METASTASIZING OF THIS CANCER ON OUR SOCIETY,

AND TODAY WE SAY NO MORE. PERPETRATORS AND THE INSTITUTIONS WHICH

EMPLOY THEM ARE NOT ENTITLED TO ESCAPE BECAUSE THEY MANAGED TO AID

AND ABUSE FOR SO LONG.

IN STATES WHERE THE STATUTE OF LIMITATIONS FOR THESE

CRIMES AND THESE CIVIL PENALTIES HAVE BEEN GREATLY RELAXED, WHICH IS

MOST STATES, THERE HAS NOT BEEN AN OPENING OF THE FLOODGATES.

INSTITUTIONS HAVE NOT BEEN BANKRUPTED PAYING DAMAGE AWARDS. SO MY

COLLEAGUES WHO ARE CONCERNED ABOUT THAT, WE HAVE HISTORY. WE HAVE A

RECORD IN THESE OTHER STATES GRAPPLING WITH THIS ISSUE AND FLOODGATES

HAVE NOT OPENED.

FINALLY, I WOULD LIKE TO HIGHLIGHT THAT WHILE MUCH OF

THE DEBATE HAS CENTERED AROUND ACTORS WHO OPERATE WITHIN INSTITUTIONS,

WHETHER IT'S A CHURCH OR A SCHOOL OR A YESHIVA, THE GREATEST NUMBER OF

PEOPLE WHO SEXUALLY VIOLATE CHILDREN ARE MEMBERS OF FAMILIES, OR

NEIGHBORS, PEOPLE IN CLOSE PROXIMITY TO THE CHILDREN. THESE ARE PEOPLE

THAT ARE IN OUR EVERYDAY LIVES. IT IS ALL AROUND US AND IT NEEDS TO BE

NYS ASSEMBLY JANUARY 28, 2019

ROOTED OUT.

SO, IT IS CRITICALLY IMPORTANT THAT WE DO THE RIGHT THING

BY VICTIMS AND THAT WE HOLD ABUSERS ACCOUNTABLE. AND I WOULD JUST

SAY THAT WE HAVE MEMBERS HERE, AS YOU'VE HEARD, AND MEMBERS HERE

THAT YOU HAVE NOT HEARD FROM WHO HAVE EXPERIENCED THIS IN THEIR

CHILDHOOD. AND, TODAY, WE HAVE AN OPPORTUNITY TO VOTE, ONCE AGAIN, IN

THE AFFIRMATIVE AND FOR THE LAST TIME. THANK YOU.

ACTING SPEAKER AUBRY: MS. CRUZ.

MS. CRUZ: MR. SPEAKER, ON THE -- BEAR WITH ME.

THANK YOU FOR GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I'VE

ALWAYS SAID THAT AS AN ELECTED OFFICIAL, IT IS MY DUTY TO HONOR AND GIVE

VOICE TO THOSE IN OUR COMMUNITY WITHOUT ONE. IT'S TAKEN ME YEARS AND

THIS IS THE FIRST TIME I PUBLICLY SPEAK ABOUT MY STORY. BECAUSE THERE

MAY BE NO GREATER ACT BEFORE US THIS SESSION AS ELECTEDS THEN TO SPEAK

ABOUT OUR OWN TRUTH WHEN OUR COMMUNITIES CAN'T.

I STAND BEFORE YOU TODAY NOT ONLY FOR ME, BUT FOR

COUNTLESS OF SURVIVORS LIKE ME WHO WILL BE IMPACTED BY THIS BILL. I

MYSELF WAS A SURVIVOR OF CHILDHOOD SEXUAL ABUSE BY A FAMILY MEMBER

AND ON BEHALF OF SURVIVORS, I WANT TO THANK THE ORIGINAL SPONSORS, AS

WELL AS THE CURRENT SPONSOR, FOR NEVER GIVING UP ON GETTING US JUSTICE. I

ALSO WANT TO THANK MY COLLEAGUES FOR THEIR COURAGE IN TELLING THEIR

STORIES. THERE ARE MANY OF US, AND EVERYONE NEEDS TO HEAR FROM FOLKS

LIKE US THAT THEY'RE NOT ALONE. I KNOW ALL TOO WELL THE EVERYDAY PAIN,

THE TRAUMA AND THE DESPAIR OF SURVIVORS. WE ENDURE PHYSICAL AND

EMOTIONAL SCARS, AND SUBSEQUENT MENTAL HEALTH CHALLENGES AND AN

NYS ASSEMBLY JANUARY 28, 2019

INCREASED RISK OF SELF-HARMING BEHAVIORS, INCLUDING SUICIDE AND

SUBSTANCE ABUSE. FOR MANY SURVIVORS, IT IS A DAILY STRUGGLE TO LEAD

NORMAL LIVES. IT TAKES MANY OF US YEARS TO BE ABLE TO SPEAK WHAT WE'VE

ENDURED, YEARS OF THERAPY AND EVEN NOW WHEN WE CHOOSE TO SEEK

JUSTICE, OUR CURRENT SYSTEM WOULD LIMIT OUR ABILITY TO DO SO. AND

TODAY'S BILL CAN BEGIN TO RIGHT THE WRONGS OF THE PAST FOR SO MANY.

IT IS AN EXPERIENCE THAT CAN NEVER BE FORGIVEN OR

FORGOTTEN. THIS BILL WOULD SUBSTANTIALLY INCREASE THE ABILITY OF

SURVIVORS TO PURSUE BOTH CRIMINAL PENALTIES AND CIVIL REMEDIES. BY

BROADENING THE TIMEFRAMES TO DO SO, JUSTICE CAN FINALLY BE REALIZED AT

EVERY LEVEL FOR US. THIS IS ABOUT THE SAFETY OF LITTLE GIRLS AND LITTLE BOYS

EVERYWHERE. OUR JOB IS TO PROTECT THEM, NOT TO PROTECT AN INSTITUTION OR

ANY INSTITUTION THAT HAS FRANKLY DONE TOO LITTLE TOO LATE. ACCORDINGLY,

MR. SPEAKER, ON BEHALF OF SURVIVORS EVERYWHERE, I CAST MY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. CRUZ IN THE

AFFIRMATIVE.

MS. WALKER.

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

ALLOWING ME THE OPPORTUNITY TO JUST REITERATE A FEW WORDS OF OPRAH

WINFREY: "YOUR TIME IS UP." AND THAT'S WHAT THIS BILL REPRESENTS

TODAY. FOR TOO LONG, SO MANY INDIVIDUALS HAVE HAD TO REMAIN IN THE

SHADOWS OF THE ABUSES THAT THEY'VE UNDERGONE AS CHILDREN BASED ON

TIME LIMITS AND TIME CONSTRAINTS WITHIN THE LAW. I'M PROUD TODAY TO BE

ABLE TO COMMEND MY SUPPORT NOT ONLY FOR THE SPONSOR, BUT FOR THE

NYS ASSEMBLY JANUARY 28, 2019

PREVIOUS SPONSORS AND ALSO TO THE SPEAKER FOR COURAGEOUSLY BRINGING

THIS BILL TO A VOTE.

THERE WAS A RECENT INCIDENT THAT TOOK PLACE IN MY

COMMUNITY WHERE IT WAS A -- IT WAS REPORTED THAT A BROOKLYN PASTOR

HAD BEEN SEXUALLY ABUSING HIS OWN DAUGHTER IN A CHURCH FROM THE AGE

OF NINE THROUGH THE AGE OF 14. AND PEOPLE HAVE BEEN CRYING OUT JUST

RECENTLY, "JUSTICE FOR IMANI." SO, ON BEHALF OF YOUNG IMANI AND ALL OF

THE INDIVIDUALS WHO ARE HAVING THIS OPPORTUNITY TODAY, IT'S A PROUD

MOMENT.

AND AS I WAS READING THROUGH SOME OF THE

INFORMATION ABOUT VICTIMS OF CHILD SEXUAL ABUSE, IT SAYS THAT THESE

CHILDREN ARE FOUR TIMES MORE LIKELY TO DEVELOP SYMPTOMS OF DRUG

ABUSE, MORE LIKELY TO EXPERIENCE PTSD AS ADULTS, MORE LIKELY TO

EXPERIENCE A MASSIVE DEPRESSIVE EPISODE, MORE LIKELY TO EXHIBIT THIS

BEHAVIOR TOWARDS OTHER PEOPLE, MORE LIKELY TO HAVE BEEN PERPETRATED

UPON BY A PARENT OR A RELATIVE, MORE LIKELY TO HAVE BEEN INCARCERATED.

BUT TODAY, I BELIEVE THAT THE STORIES WE'VE HEARD OF SO MANY

COURAGEOUS WOMEN HERE ON THIS FLOOR ALLOWS ME TO SAY TO YOUNG IMANI

THAT YOUR FUTURE IS BRIGHT AND THAT THERE IS A COMMUNITY OF SUPPORT

THROUGHOUT THIS STATE WHO KNOWS YOUR PAIN, KNOWS YOUR STORY AND WILL

BE BIG SISTERS AND AUNTS TO YOU AS YOU GO THROUGH YOUR PROCESS. THANK

YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALKER IN THE

AFFIRMATIVE.

MR. TAYLOR.

NYS ASSEMBLY JANUARY 28, 2019

MR. TAYLOR: THANK YOU, MR. SPEAKER, FOR GIVING

ME AN OPPORTUNITY. I'VE LISTENED. I'VE HEARD A LOT, STATISTICS, AND ONE OF

MOST RESOUNDING THINGS AS I LOOK AROUND AND I SEE MY COLLEAGUES STAND

UP ONE BY ONE OR MAKE REFERENCE, IT -- IT REMINDS THAT WE'VE NOT YET

ARRIVED IN THIS BILL WHEN PASSED WILL GIVE VOICE TO SO MANY THAT FELT AND

BELIEVED THAT THEIR VOICE DIDN'T MATTER. AND LIKE SO MANY OF MY

COLLEAGUES THAT HAVE STOOD AND SAID, AS A CHILD I WAS ABUSED, AND I

EXPERIENCED WHAT IT WAS LIKE TO BE INCARCERATED, WHAT IT WAS LIKE TO

LOOK TO DRUGS AND WHAT IT WAS LIKE TO LOOK AT OTHER THINGS TO TRY TO FIND

MY IDENTITY AND IT WASN'T UNTIL FINISHING UP MY MASTER'S THAT I WAS ABLE

TO STAND AND TALK ABOUT THIS PUBLICLY BECAUSE IT WAS A FAMILY MEMBER,

BUT IT LEAVES YOU WITH SUCH A STATE OF SHOCK IN SUCH A WAY THAT IT IS

YOUR FAULT AND OR THAT YOU DON'T MATTER, OR YOU'RE NOT WHO YOU THINK

YOU ARE OR WHAT OTHERS THINK YOU ARE, BUT THE TOTAL IS YOU ARE WHOLE AND

I THINK THIS ALLOWS YOU TO WALK IN THAT WHOLENESS WHEN YOU SAY NEW

YORK STATE CARES NOT ONLY ABOUT THOSE THAT CAN HAVE A VOICE AND WALK

IN AND LOBBY, BUT FOR THOSE THAT ARE IN THE SHADOWS. AND I WOULD

SUSPECT SOMEWHERE IN SOME OTHER ADMINISTRATION AND LEGISLATIVE HALL,

THERE ARE OTHER PEOPLE THAT HAVE MY STORY OR SIMILARITIES, BECAUSE AS

YOU CAN SEE, IT DOESN'T MATTER ABOUT YOUR ECONOMICAL STATUS OR YOUR SEX

OR YOUR ETHNICITY. WHEN IT COMES TO BEING ABUSED, EVERYONE IS

POSSIBLY A CANDIDATE.

SO, I STAND AND I SUPPORT MY COLLEAGUES FOR

INTRODUCING, I'M THANKING THEM FOR NOT GIVING UP ON THIS AND I HAD NO

IDEA THAT I WOULD STAND AND TALK ABOUT THIS TODAY BECAUSE EVEN THOUGH

NYS ASSEMBLY JANUARY 28, 2019

I'VE SAID IT PUBLICLY, I WASN'T SURE I WANTED TO SAY IT IN THIS ROOM.

BECAUSE THERE'S STILL THIS EDGE OF WELL, YOU KNOW... AND I LISTENED TO

DARRYL THIS AFTERNOON FROM RUN DMC AND HE TALKED ABOUT -- THIS

MORNING, ABOUT WHAT IT WAS LIKE TO NOT HAVE HIS PARENTS AND PEOPLE

SAID, OH, HE'S ADOPTED, BECAUSE THERE'S STILL THIS STIGMA THAT PEOPLE WILL

SAY AND USE EVEN WHEN YOU'RE BEING TOTALLY TRANSPARENT.

BUT I THINK TODAY WE SEND A MESSAGE THAT SAYS I DON'T

CARE WHO YOU ARE IN THIS STATE. WE NOT ONLY CARE ABOUT YOU, WE LOVE

YOU AND WE'RE GOING TO STEP INTO SOME TERRITORY THAT HAS BEEN LONG

OVERDUE. SO, I STAND TO SUPPORT MY COLLEAGUES AND I'M IN THE

AFFIRMATIVE ON THIS BILL. THANK YOU.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. TAYLOR IN THE

AFFIRMATIVE.

MR. ORTIZ.

MR. ORTIZ: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. I ALSO WOULD LIKE TO JOIN TO THANK ALL THE

ADVOCATES THAT FOR MANY, MANY YEARS WILL COME TO ALBANY TO -- TO SEE

THIS DAY TO COME THROUGH AND TO BE A REALITY. AND IT'S THE DAY HAS

COME. FINALLY, WE ARE HERE. FINALLY, WE ARE MAKING THE DIFFERENCE.

FINALLY, FOR THE LAST TWO WEEKS, I HAVE SEEN A LOT OF GREAT BILLS COMING

TO THE FLOOR FOR THE FIRST TIME IN PROBABLY MY WHOLE 20 YEARS BEEN IN

OFFICE, BECAUSE WE DO HAVE A SENATE THAT FINALLY GET IT. WE DO HAVE

PEOPLE THAT REALLY ARE MORE COMMITTED THAN OTHERS THAT FINALLY, WE'RE

GETTING TO THE FINISH LINE TO GET THE PROTECTIONS THAT OUR CHILDREN REALLY

NYS ASSEMBLY JANUARY 28, 2019

NEED.

AS ELECTED OFFICIALS, WE -- OUR RESPONSIBILITY

SOMETIMES IS TO MAKE THE IMPOSSIBLE TO BE POSSIBLE AND TO MAKE TOUGH

DECISIONS IN ISSUE THAT SOMETIMES MIGHT HAVE SOME REPERCUSSION WHEN

WE GO BACK HOME TO OUR DISTRICTS. BUT THE GREAT THING TODAY IS THAT WE

ARE PROTECTING OUR CHILDREN. OUR CHILDREN SHOULD FEEL SAFE AND

PROTECTED WHEN THEY'RE GOING TO SCHOOL, WHEN THEY GO TO CHURCH, WHEN

THEY GO TO PLAY IN THE SOCCER LEAGUE, IN THE BASEBALL LEAGUES, PLAY

BASKETBALL, GO TO THE CAMP. THEY NEED TO BE PROTECTED AND THEY NEED

TO FEEL THAT FINALLY, THEY WILL HAVE THE PROTECTION THAT THEY NEED,

ESPECIALLY ANYWHERE IN OUR COMMUNITIES.

YOU KNOW, A FEW WEEKS AGO IT WAS STATED THAT THE

POPE MAKE THIS BIG ANNOUNCEMENT AND I WOULD SAY THAT IT IS THE TIME

FOR EVERY SINGLE ONE OF THE CHILDREN THAT HAS BEEN VIOLATED, THEIR RIGHTS,

THAT THEY SHOULD HAVE NOW THE OPPORTUNITY TO REALLY TO COME OUT NOT

ONLY TO EXPLAIN AND TO REALLY KEEP UP THEIR STORY, BUT TO SERVE AS A VOICE

TO OTHERS THAT THIS WILL NOT BE ACCEPTABLE. THEREFORE, MR. SPEAKER, I

AM VOTING IN THE AFFIRMATIVE. THANK YOU.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. ORTIZ IN THE

AFFIRMATIVE.

MRS. ARROYO.

MRS. ARROYO: THANK YOU, MR. SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. FIRST OF ALL, I THANK AND

CONGRATULATE OUR SPEAKER. GOD BLESS YOU. I THINK THAT TODAY, TODAY

NYS ASSEMBLY JANUARY 28, 2019

WE'RE SENDING A MESSAGE THAT SHOULD BE PUBLIC. I THINK THAT THIS BILL

SHOULD BE ANNOUNCED ALL OVER THE STATE OF NEW YORK AND OUT OF THE

BOUNDARIES OF THE STATE OF NEW YORK, BECAUSE A LOT OF PEOPLE THAT ARE

ABUSING CHILDREN AT THIS VERY MOMENT SHOULD KNOW THAT WHAT THEY'RE

DOING IS A CRIME. AND ALSO, CHILDREN SHOULD UNDERSTAND THAT THAT CRIME

HAVE TO BE PUNISHED. AND WE -- AS A MEMBER OF THIS ASSEMBLY, WITH

THE EXPERIENCE THAT I HAVE IN MY LIFE AND THE YEARS THAT I WORK IN MY

COMMUNITY, I WILL NEED THE WHOLE NIGHT TO TELL YOU THE EXPERIENCE THAT

I HAVE ON THIS -- IN THIS SUBJECT.

BUT WHAT IS IMPORTANT IS THAT NOW GOD IS GIVING US

OPPORTUNITY AS LEGISLATORS TO PASS THE LAW THAT WILL PROTECT OUR PEOPLE,

OUR CHILDREN, AND THE LAW THAT CAN BE PASSED BECAUSE WE HAVE A SENATE

THAT IS WITH US AND WE HAVE TO THANKS GOD FOR THAT. MR. SPEAKER, GOD

BLESS YOU, BECAUSE IN THE LAST TWO WEEKS YOU HAVE MADE US REAL, REAL

ELECTED OFFICIALS. NOW WE ARE DOING OUR JOB AND, TOGETHER, WE ARE

SENDING A MESSAGE ALL OVER THE STATE OF NEW YORK. THANK YOU. MY

VOTE IS IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. ARROYO IN THE

AFFIRMATIVE.

MR. MOSLEY.

MR. MOSLEY: TO EXPLAIN MY VOTE, MR. SPEAKER.

FOR TEN-PLUS YEARS, 15 YEARS TO BE EXACT, MY COLLEAGUE, THE BILL SPONSOR

AND OUR FORMER COLLEAGUE, FORMER MEMBER, MARGE MARKEY, HAVE TOILED

IN THE VINEYARDS. AND THROUGHOUT THIS DEBATE, WE'VE HEARD SUCH WORDS

AS "EXPOSURE" AND "BANKRUPTCY" TO THE INSTITUTIONS. BUT THE ONE THING

NYS ASSEMBLY JANUARY 28, 2019

WE CAN'T FORGET ARE THE VICTIMS, ARE THE VICTIMS, ARE THE VICTIMS. WE DO

IT FOR THE LITTLE BOYS AND LITTLE GIRLS WHO HAVE BEEN VICTIMIZED. WE DO

IT FOR THE YOUNG MEN AND THE YOUNG WOMEN. WE DO IT FOR THOSE WHO

HAVE MATRICULATED THROUGH THEIR LIVES HAVING TO CARRY THIS BURDEN, THIS

SCARLET LETTER THAT NONE OF US CAN SEE, BUT THEY CAN FEEL EACH AND EVERY

DAY.

I THANK THE SPEAKER FOR ALLOWING THIS TO BE A PART OF

THE BEGINNING OF THIS SESSION. AND AS IT HAS BEEN THE THEME THUS FAR,

WE ARE TURNING TO A MORE PERFECT UNION EACH AND EVERY DAY. NOT BY

WHAT WE SAY OR WHAT WE LABEL OURSELVES, BUT BY THE SOCIAL PROGRESS

WE'RE MAKING THROUGH THE PUBLIC POLICIES WE'RE PASSING HERE IN THIS

HOUSE AND DOWN THE HALL. SO, AGAIN, I WANT TO THANK ALL THE ADVOCATES.

I WANT TO THANK MY COLLEAGUES FROM BOTH SIDES OF THE AISLE, BUT MORE

IMPORTANTLY, I WANT US TO REMEMBER THE VICTIMS, FOR THIS IS THE BILL THAT

SPEAKS TO THEM. THE VICTIMS, THE VICTIMS, THE VICTIMS AND I'M PROUDLY

SUPPORTING THIS BILL AND VOTE IN THE AFFIRMATIVE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. MOSLEY IN THE

AFFIRMATIVE.

MR. PHILLIP STECK.

MR. STECK: I'LL BE VOTING IN SUPPORT OF THIS BILL AND

JUST WANT TO GO ON RECORD AS SAYING THAT I, OF COURSE, AGREE WITH ALL THE

PROVISIONS, SAVE ONE. I THINK WHAT WE ARE DOING IS A [SIC] OUTSTANDING

JOB OF SUPPORTING THOSE WHO HAVE NOT HAD THE OPPORTUNITY TO TELL THEIR

STORY AND TO GET JUSTICE ON THIS ISSUE; HOWEVER, AS WE MOVE FORWARD, IT

NYS ASSEMBLY JANUARY 28, 2019

WOULD SEEM TO ME THAT WITH ALL THE PUBLICITY SURROUNDING THIS AND ALL

THE SUPPORT GROUPS THAT ARE OUT THERE AND THE ABILITY OF PEOPLE TO COME

TO TERMS WITH IT AND ADDRESS IT, TO ALLOW SOMEONE WHO MIGHT BE

25-YEARS-OLD TODAY TO BRING A LAWSUIT LATER WHEN THEY'RE 55 FOR

COMPLEX REASONS THAT MIGHT BE VERY DIFFICULT TO UNDERSTAND, IT JUST

DOESN'T MAKE SENSE TO ME.

I DON'T ACCEPT THE PROPOSITION THAT THE COURTS SOLVE ALL

PROBLEMS. EVERYONE WHO HAS BEEN IN THE COURTS KNOWS THAT'S NOT TRUE.

SO, I THINK WE'RE DOING THE RIGHT THING HERE, BUT THERE'S BEEN A LOT OF

HYSTERIA OVER CHILD ABUSE. WE HAD ALL THE MCMARTIN PRESCHOOL CASES

AND ALL THAT WHICH TURNED OUT TO BE HOAXES. WE HAVE OVERZEALOUS

PROSECUTORS WHO OFTENTIMES USE THINGS AS A VEHICLE TO SUPPORT THEIR

POLITICAL AMBITIONS.

SO, AT THE END OF THE DAY, I SUPPORT EXTENDING THE

STATUTE OF LIMITATIONS AND, HOPEFULLY, WE'LL COME TO THE POINT AS A

SOCIETY WHERE WE WON'T NEED TO OPEN IT UP TO ALLOW PEOPLE TO WAIT 30

YEARS BEFORE THEY MAKE THEIR CLAIM. THANK YOU.

ACTING SPEAKER AUBRY: MR. STECK IN THE

AFFIRMATIVE.

MS. LINDA ROSENTHAL TO CLOSE.

MS. ROSENTHAL: THANK YOU, TO EXPLAIN MY VOTE.

IF YOU COUNT THE PAST 13 YEARS, ROUGHLY HALF-A-MILLION CHILDREN IN OUR

STATE HAVE BEEN ABUSED. IF THAT NUMBER SOUNDS UNTHINKABLE, CONSIDER

MORE SIMPLY THAT ONE-IN-FOUR GIRLS AND ONE-IN-SEVEN BOYS ARE ABUSED

IN OUR STATE EVERY YEAR. WE HOPE THAT THOSE NUMBERS WILL CHANGE

NYS ASSEMBLY JANUARY 28, 2019

DRAMATICALLY WITH THE PASSAGE OF THIS BILL INTO LAW.

BUT I WOULD LIKE TO ACKNOWLEDGE JUST A COUPLE MORE

PEOPLE AND GROUPS THAT I DIDN'T GET TO: THE STOP ABUSE CAMPAIGN,

NYSCASA, NEW YORK LOVES KIDS, NYSCADV, FOUNDATION FOR

SURVIVORS OF ABUSE, SYDNEY ZACA (PHONETIC), VOICE OF THE FAITHFUL,

CALL TO ACTION, KULVAOS (PHONETIC), NEW YORKERS AGAINST HIDDEN

PREDATORS, NASW, NEW YORK CHILDREN'S ALLIANCE, CITIZENS COMMITTEE

FOR CHILDREN, NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO

CHILDREN, SAFE HORIZON AND MICHAEL POLENBERG. AND THE PERSON WHO

LED OUR GROUP, THE PERSON WHO HERSELF IS A SURVIVOR AND PUT ASIDE A LOT

OF HER PAIN TO MAKE SURE THAT ALL SURVIVORS GET JUSTICE THROUGH THE CHILD

VICTIMS ACT, JESSICA SCHAFROTH. AND WITH THAT, I VOTE -- I VOTE IN THE

AFFIRMATIVE.

(APPLAUSE)

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE -- ARE THERE ANY OTHER VOTES? ANNOUNCE THE

RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02693, RULES REPORT

NO. 26, DINOWITZ. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

SIGNATURES FOR CERTAIN PARTY POSITIONS; AND PROVIDING FOR THE REPEAL OF

SUCH PROVISIONS UPON EXPIRATION THEREOF.

NYS ASSEMBLY JANUARY 28, 2019

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 JONES: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02851, RULES REPORT

NO. 27, LAVINE. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

RELATION TO ALLOWING CERTAIN SPECIAL ASSESSING UNITS OTHER THAN CITIES TO

ADJUST THEIR CURRENT BASE PROPORTIONS, ADJUSTED BASE PROPORTIONS FOR

ASSESSMENT ROLLS, AND THE BASE PROPORTION IN APPROVED ASSESSING UNITS

IN NASSAU COUNTY.

ACTING SPEAKER JONES: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER DILAN: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

NYS ASSEMBLY JANUARY 28, 2019

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THIS WILL BE OUR LAST VOTE OF THE DAY, LADIES AND GENTLEMEN,

SO IF WE CAN HAVE YOUR FULL UNDIVIDED ATTENTION. WE'RE GOING TO BE ON

RULES CALENDER NO. 28 BY ZEBROWSKI, AND JUST SO YOU KNOW, THERE IS

AN ATTEMPT TO MAKE A HOSTILE AMENDMENT, MR. SPEAKER, SO IF MEMBERS

COULD PLEASE REMAIN IN THE CHAMBER SO WE CAN GET THIS DONE, I'D

APPRECIATE IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02852, RULES REPORT

NO. 28, ZEBROWSKI. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

RELATION TO THE EXTENSION FOR PAYMENT OF REAL PROPERTY TAXES BY

FURLOUGHED OR DESIGNATED NON-PAY FEDERAL EMPLOYEES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

THERE IS AN AMENDMENT AT THE DESK. MR. RA TO BRIEFLY

EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT.

MR. RA.

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

FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE ITS IMMEDIATE ADOPTION

AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.

ACTING SPEAKER AUBRY: PLEASE EXPLAIN.

MR. RA: THANK YOU, MR. SPEAKER. THIS AMENDMENT

REPEALS THE EXPIRATION DATE OF AND MAKES THE REAL PROPERTY TAX CAP

PERMANENT. PRIOR TO THE REAL PROPERTY TAX CAP, REAL PROPERTY TAXES IN

NYS ASSEMBLY JANUARY 28, 2019

NEW YORK STATE GREW ON AVERAGE BY OVER 5 PERCENT PER YEAR FROM

2001 TO 2011. IN 2011, THE LEGISLATURE PASSED A TEMPORARY REAL

PROPERTY TAX CAP THAT LIMITS THE PROPERTY TAX GROWTH TO 2 PERCENT OR THE

RATE OF INFLATION, WHICHEVER IS LESS. IN HIS ORIGINAL PROPOSAL, GOVERNOR

CUOMO'S INTENT WAS TO MAKE THE PROPERTY TAX CAP PERMANENT; HOWEVER,

THROUGH THE NEGOTIATIONS, THE CAP WAS LINKED TO RENT REGULATIONS WITH

MATCHING EXPIRATION DATES. OVER THE PAST SIX YEARS, THE REAL PROPERTY

TAX CAP HAS SAVED NEW YORKERS OVER $20 BILLION.

NOW, I'D LIKE TO CALL THIS A FRIENDLY AMENDMENT RATHER

THAN A HOSTILE AMENDMENT AS OUR FRIENDS DOWN THE HALL IN THE SENATE

ADOPTED THIS VERY LANGUAGE JUST THIS PAST WEEK, AND I WOULD URGE THIS

HOUSE TO ADOPT THIS BILL, AS WELL. THANK YOU.

ACTING SPEAKER AUBRY: THE CHAIR HAS

EXAMINED YOUR FRIENDLY AMENDMENT AND FOUND IT NOT GERMANE TO THE

BILL BEFORE THE HOUSE.

MR. RA: I WOULD LIKE TO APPEAL THE RULING OF THE

CHAIR.

ACTING SPEAKER AUBRY: MR. RA APPEALS THE

DECISION OF THE CHAIR. THE QUESTION BEFORE THE HOUSE IS SHALL THE

DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE HOUSE? THOSE

VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR; THOSE VOTING NO VOTE

TO OVERRIDE THE DECISION OF THE CHAIR.

THE CLERK WILL RECORD THE VOTE.

MR. RA.

MR. RA: YES, MAY I JUST BRIEFLY EXPLAIN WHY I

NYS ASSEMBLY JANUARY 28, 2019

BELIEVE THIS TO BE GERMANE, MR. SPEAKER?

ACTING SPEAKER AUBRY: PROCEED.

MR. RA: PURSUANT TO SECTION VI OF PART 3 OF THE

ASSEMBLY RULES, THE PROPOSED AMENDMENT IS GERMANE AS THE

BILL-IN-CHIEF AND THE AMENDMENT DEAL WITH THE SAME SUBJECT MATTER, THE

IMPACT OF REAL PROPERTY TAXES ON RESIDENTS OF THE STATE. THE

AMENDMENT DOES NOT UNDULY EXPAND THE SUBJECT OF THE BILL-IN-CHIEF AND

IS RELEVANT, APPROPRIATE AND A NATURAL AND LOGICAL SEQUENCE OF THE

SUBJECT MATTER PROPOSED IN THE BILL-IN-CHIEF. FURTHERMORE, THIS

AMENDMENT WOULD NOT CHANGE A PRIVATE BILL INTO A GENERAL BILL. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES: MR. SPEAKER, IF I MAY. I

WANT TO ACKNOWLEDGE MY COLLEAGUE'S COMMENTS AS IT RELATES TO ACTIONS

THAT OUR FRIENDS OVER IN THE SENATE TOOK ON SIMILAR CONVERSATIONS, BUT

THEIRS ACTUALLY WAS NOT ATTACHED TO ANOTHER BILL. SO, IF WE COULD PLEASE

JUST MOVE THIS ONE FORWARD, OUR MEMBERS SHOULD HONOR YOUR THOUGHTS

THAT THE BILL -- THE AMENDMENT IS NOT GERMANE TO THE BILL IN FRONT OF US.

ACTING SPEAKER AUBRY: MEMBERS ARE

REMINDED THAT THE QUESTION BEFORE THE HOUSE IS SHALL THE DECISION OF

THE CHAIR STAND AS THE JUDGMENT OF THE HOUSE. THOSE VOTING YES VOTE

TO SUSTAIN THE RULING OF THE CHAIR; THOSE VOTING NO VOTE TO OVERRIDE THE

DECISION OF THE CHAIR. THANK YOU.

NYS ASSEMBLY JANUARY 28, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RULING OF THE CHAIR IS SUSTAINED.

ON THE BILL.

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. ZEBROWSKI TO EXPLAIN HIS VOTE.

MR. ZEBROWSKI: THANKS, MR. SPEAKER. BRIEFLY,

THIS IS A CHAPTER AMENDMENT TO THE BILL WE HAD PASSED LAST WEEK

HELPING OUT OUR FEDERAL WORKERS WHO WERE FURLOUGHED. IT MAKES SOME

TECHNICAL AMENDMENTS THAT MYSELF AND THE STATE ASSEMBLY AND THE

STATE SENATE, IN NEGOTIATIONS WITH THE GOVERNOR'S OFFICE, ENSURES THAT

THERE'S A STREAMLINED PROCESS FOR WHEN PROPERTY TAXES ARE SENT FROM A

MUNICIPALITY TO A COLLECTING AUTHORITY LIKE A COUNTY, AND IT ALSO CLARIFIES

THAT A PERSON HAS 30 DAYS TO SUBMIT DOCUMENTATION TO PROVE THAT THEY

WERE A FURLOUGHED FEDERAL WORKER.

FOR THOSE FOLKS THAT ARE WONDERING, IN TERMS OF WHAT'S

HAPPENED DOWN IN WASHINGTON WHERE THEY'VE REOPENED THE

GOVERNMENT, MANY OF OUR WORKERS CONTINUE TO HAVE NOT GOTTEN PAID, SO

THIS WILL PROVIDE A PERIOD OF TIME THEREAFTER IF OUR MUNICIPALITIES PASS

THIS TO ENSURE THAT THEY HAVE THE AMOUNT OF TIME NECESSARY IN ORDER TO

GET THEIR PROPERTY TAXES DUE AND, OF COURSE, IT'S NOT LOST ON ANYBODY THAT

NYS ASSEMBLY JANUARY 28, 2019

THE FEDERAL GOVERNMENT IS OPERATING UNDER A SHORT CONTINUING

RESOLUTION, AND THIS WOULD ALSO PROVIDE SOME SENSE OF PROTECTION TO

THOSE WORKERS SHOULD WE BE IN THE SAME SITUATION WHEN VILLAGE TAXES

BECOME DUE LATER IN THE YEAR, SCHOOL TAXES BECOME DUE LATER IN THE YEAR

AND, OF COURSE, WHEN WE GO BACK THROUGH THIS AT THE BEGINNING OF NEXT

YEAR AND IN THE BUDGET.

SO, I WOULD APPRECIATE ALL MY COLLEAGUES' SUPPORT AND

I THINK THAT ALL OUR MUNICIPALITIES AROUND THE STATE SHOULD PASS

RESOLUTIONS TO ENSURE THAT ALL THOSE FEDERAL WORKERS CAN BREATHE A LITTLE

BIT EASIER AS THEY TRY TO NAVIGATE THROUGH THIS PROCESS. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. BUCHWALD TO

EXPLAIN HIS VOTE.

MR. BUCHWALD: THANK YOU, MR. SPEAKER, I'LL BE

VERY BRIEF. JUST TO, FIRST OF ALL, COMMEND THE SPONSOR OF THE LEGISLATION

AND, SECOND, TO SAY HOW PLEASED I AM THIS BILL WAS NOT AMENDED EARLIER

TODAY. HAD WE AMENDED IT, IT WOULD HAVE DELAYED RELIEF FOR THOSE

FEDERAL WORKERS WHO WERE FURLOUGHED AND TEMPORARILY UNABLE TO PAY

THEIR BILLS AND PROPERTY TAXES, BECAUSE IT WOULD HAVE DELAYED

ENACTMENT OF THIS AND THE UNDERLYING LEGISLATION. THESE FEDERAL

WORKERS ARE NOT BEING PAID UNDER THE BEST SITUATION UNTIL LATER THIS

WEEK, AND IT IS CRUCIAL THAT WE AUTHORIZE LOCAL GOVERNMENTS AS QUICKLY

AS POSSIBLE TO PROVIDE THIS RELIEF TO THEIR LOCAL RESIDENTS.

AND SO I URGE THE EXECUTIVE TO SIGN THIS BILL INTO LAW

AS QUICKLY AS POSSIBLE. FRANKLY, THE UNDERLYING LAW SHOULD HAVE BEEN

NYS ASSEMBLY JANUARY 28, 2019

SIGNED DAYS AND DAYS AGO. BUT, FINALLY, WE SHOULD BE SENDING IT ON FOR

FULL RELIEF, TEMPORARY AS IT IS, UNDER THE DIFFICULT CIRCUMSTANCES THE

FEDERAL WORKERS OF THIS FINE STATE FACED OVER THE LAST FEW WEEKS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

CALL ON MR. OTIS FOR AN ANNOUNCEMENT.

ACTING SPEAKER AUBRY: MR. OAKS [SIC] FOR AN

ANNOUNCEMENT. MR --

MR. OTIS: FOLLOWING THE CONCLUSION OF SESSION,

THERE WILL BE A DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE

ROOM.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IMMEDIATELY FOLLOWING SESSION.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE

HAVE ANY FURTHER RESOLUTIONS?

ACTING SPEAKER AUBRY: WE CERTAINLY HAVE

NUMEROUS FINE RESOLUTIONS. WE'LL TAKE THEM UP WITH ONE VOTE. ON THE

RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTIONS ARE ADOPTED.

NYS ASSEMBLY JANUARY 28, 2019

(WHEREUPON, ASSEMBLY RESOLUTIONS NOS. 55-60 WERE

UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL 10:30, TUESDAY, JANUARY THE 29TH,

TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 6:02 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, JANUARY 29TH AT 10:30 A.M., TUESDAY BEING A

SESSION DAY.)