WEDNESDAY, JANUARY 29, 2020 10:50 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND ELIA WILL OFFER A PRAYER.
REVEREND DONNA ELIA: LET US PRAY. HOLY
ONE, GIVER OF ALL GOOD GIFTS, WE TAKE THIS MOMENT TO REST IN YOU.
THANK YOU FOR THIS LEGISLATIVE BODY AND STAFF, FOR THEIR ENERGY,
INTELLIGENCE, IMAGINATION AND LOVE. THANK YOU FOR EACH ONE TAKING ON
THE HONORABLE CALL TO PUBLIC SERVICE, AND EMPOWER THEIR VISION FOR
STRENGTHENING OUR COMMUNITIES AND OUR STATE. FOR ANY WHO NEED AN
EXTRA MEASURE OF HEALING FOR THEMSELVES OR THEIR FAMILIES, WE ASK IT.
FOR THE MOMENTS WHEN CHALLENGES SEEM DAUNTING, WE ASK YOU TO
EMPOWER THEM TO FIND A WAY FORWARD. BE A GENTLE AND POWERFUL
PRESENCE HERE AND NOW.
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NYS ASSEMBLY JANUARY 29, 2020
ON THIS DAY, WE ARE PARTICULARLY MINDFUL OF PERSONS
WITH DISABILITIES. THANK YOU FOR THE SELF ADVOCATES AMONG THE
DISABILITY COMMUNITY, AND FOR THE FAMILY MEMBERS WHO HAVE INSPIRED
CHANGE IN LAWS AND ATTITUDES. HELP US TO VALUE VARIED ABILITIES. WE
PRAY ALSO FOR THOSE WHO STRUGGLE WITH INVISIBLE DISABILITIES, AND HELP US
TO WORK TOGETHER TO REMOVE BARRIERS, WHETHER OF ATTITUDE, LANGUAGE OR
STRUCTURE, AND MAY WE BUILD A WORLD THAT CREATES SPACE FOR EACH PERSON
TO DEVELOP TO HIS OR HER COMPLETE AND BEAUTIFUL CAPACITY. IN YOUR
HOLY NAME WE PRAY, AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, JANUARY 28TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, JANUARY
THE 28TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, BEFORE
GIVING THE MEMBERS AN OPPORTUNITY TO SEE WHERE WE'RE GOING TODAY, I
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NYS ASSEMBLY JANUARY 29, 2020
WANT TO JUST SHARE A QUOTE. IT'S A QUOTE THAT I THINK IS REALLY SIGNIFICANT
IN THESE DAYS AND TIMES. THIS ONE COMES FROM MAMIE TILL-MOBLEY.
MAMIE TILL WAS AN AMERICAN EDUCATOR AND AN ACTIVIST. SHE WAS THE
MOTHER OF EMMETT TILL, WHO WAS MURDERED IN MISSISSIPPI ON AUGUST
THE 28TH IN 1955 AT THE AGE OF 14. IN SPITE OF HER SORROW, AMY [SIC]
SAYS, "WITH EACH DAY, I GIVE THANKS FOR THE BLESSINGS OF LIFE - THE
BLESSINGS OF ANOTHER DAY AND THE CHANCE TO DO SOMETHING WITH IT.
SOMETHING GOOD. SOMETHING SIGNIFICANT. SOMETHING HELPFUL. NO
MATTER HOW SMALL IT MIGHT SEEM, I WANT TO KEEP MAKING A DIFFERENCE."
WITH THAT, MR. SPEAKER, MEMBERS SHOULD BE AWARE
THAT THERE IS ON THEIR DESK A CALENDAR, THERE'S A MAIN CALENDAR. AFTER
ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE' GOING TO TAKE UP
RESOLUTIONS ON PAGE 3, INCLUDING ONE BY MR. STECK, AND A PACKAGE OF
BILLS IN ASSOCIATION WITH TODAY'S LEGISLATIVE DISABILITY AWARENESS DAY.
THERE WILL BE A NEED FOR A MAJORITY CONFERENCE AT THE CONCLUSION OF
OUR WORK TODAY ON THE FLOOR AND, OF COURSE, WE WILL BE CHECKING WITH
OUR COLLEAGUES ON THE OTHER SIDE TO SEE WHAT THEIR NEEDS WILL BE.
THAT IS A GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE
ANY INTRODUCTIONS, NOW WOULD BE THE APPROPRIATE TIME.
ACTUALLY, I HAVE AN INTRODUCTION.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
FOR AN INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, SIR. THANK
YOU VERY MUCH. I AM SUPER PLEASED AND HONORED TO INTRODUCE THIS
YOUNG LADY THAT'S BEEN MOVING AROUND OUR CHAMBER SINCE YESTERDAY.
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NYS ASSEMBLY JANUARY 29, 2020
SHE IS STUNNINGLY BEAUTIFUL. HER NAME IS VIOLET CUSICK, SHE IS THE
DAUGHTER OF OUR COLLEAGUE, AND SHE'S WEARING A DRESS THAT MATCHES THE
FLAG SHE HOLDS.
(LAUGHTER)
SHE'S SUPER SMART, AND WOULD YOU PLEASE WELCOME HER
TO OUR CHAMBERS.
(APPLAUSE)
ACTING SPEAKER AUBRY: ON BEHALF OF MRS.
PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DARLING HERE TO THE NEW YORK STATE ASSEMBLY. SHE HAS ALREADY VISITED
THE ROSTRUM AND MADE IT HER OWN --
MRS. PEOPLES-STOKES: YES.
(LAUGHTER)
ACTING SPEAKER AUBRY: -- AND WE EXPECT THAT
THAT IS IN THE BLOOD IN THE CUSICK FAMILY. THANK YOU SO VERY MUCH FOR
BEING WITH US. YOU MAKE THIS DAY BRIGHTER. THANK YOU. AND SHE PAYS
NO ATTENTION.
(APPLAUSE)
(PAUSE)
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW GO TO PAGE 3 AND RESOLUTIONS.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
PAGE 3, RESOLUTIONS.
THE CLERK: ASSEMBLY RESOLUTION NO. 728, MR.
STECK. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
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NYS ASSEMBLY JANUARY 29, 2020
CUOMO TO PROCLAIM WEDNESDAY, JANUARY 29TH, 2020, AS THE NEW YORK
STATE ASSEMBLY LEGISLATIVE DISABILITIES AWARENESS DAY.
ACTING SPEAKER AUBRY: MR. PHILLIP STECK ON
THE RESOLUTION.
MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER.
AS CHAIR OF THE TASK FORCE ON PEOPLE WITH DISABILITIES, I'M VERY
EXCITED TO ANNOUNCE THAT TODAY WE ARE CELEBRATING THE 40TH ANNUAL
LEGISLATIVE DISABILITIES AWARENESS DAY. I'M HONORED AND PROUD TO BE
COSPONSORING TODAY'S EVENT. AND AS WE ALWAYS DO ON THIS IMPORTANT
DAY, TODAY WE WILL BE TAKING UP A RESOLUTION AND A PACKAGE OF
LEGISLATION IN HONOR OF DISABILITIES AWARENESS DAY, WHICH SHOW OUR
COMMITMENT TO NEW YORK'S DISABILITY COMMUNITY. AND WE ARE ALSO
HOSTING A FAIR CONSISTING OF OVER 40 ORGANIZATIONS AND TWO SEMINARS TO
HIGHLIGHT THE PRIORITIES AND NEEDS OF NEW YORKERS WITH DISABILITIES.
WE THANK ALL WHO ARE PARTICIPATING TODAY TO HONOR THE IMPORTANT GOALS
OF INTEGRATION, INCLUSION AND INDEPENDENCE.
I DO WANT TO ADD, OF COURSE, THAT THE LEGISLATION THAT
WE ARE DOING TODAY IS FAR FROM THE COMPLETE SET OF WHAT WE DO IN
SUPPORT OF PEOPLE WITH DISABILITIES; THERE ARE OTHER -- THERE'S OTHER
LEGISLATION COMING DOWN THE ROAD. AND ALSO, WE HAVE A TREMENDOUS
BUDGET FIGHT ON OUR HANDS BECAUSE SOME OF THE PROGRAMS THAT ARE VERY
NEAR AND DEAR TO THE HEART OF THIS COMMUNITY HAVE BEEN CUT BY THE
EXECUTIVE, AND WE CERTAINLY WILL BE WORKING ON THAT.
SO, MR. SPEAKER, I ASK THAT YOU EXTEND YOUR USUAL
WARM GREETINGS AND COURTESIES OF THE HOUSE TO OUR GUESTS, AND I THANK
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NYS ASSEMBLY JANUARY 29, 2020
YOU, MY COLLEAGUES, OUR HARD-WORKING ASSEMBLY STAFF, OUR GUESTS FROM
ALL OVER THE STATE AND, IN PARTICULAR, SPEAKER HEASTIE, WHO HAS BEEN
VERY SUPPORTIVE OF THE TASK FORCE ON PEOPLE WITH DISABILITIES,
MINORITY LEADER BARCLAY, ASSEMBLYMEMBER AILEEN GUNTHER, CHAIR OF
THE MENTAL HYGIENE COMMITTEE, AND ASSEMBLYMEMBER MELISSA MILLER
FOR COSPONSORING TODAY'S EVENTS WITH ME. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. EPSTEIN ON THE RESOLUTION.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I JUST RISE
IN SUPPORT OF THIS RESOLUTION. AS WE KNOW IN NEW YORK, ALMOST UP TO
70 PERCENT OF PEOPLE WITH DISABILITIES ARE UNEMPLOYED OR OUT OF THE
WORKFORCE. NEW YORK NEEDS TO CONTINUE TO BE A LEADER TO ADVANCE THE
STRUGGLES OF PEOPLE WITH DISABILITIES, CREATING OPPORTUNITIES ON
HOUSING, SERVICES, EDUCATION AND EMPLOYMENT. WE NEED TO BE BETTER.
WE NEED TO BE STRONGER. ACKNOWLEDGING DISABILITY AWARENESS DAY IS
AN IMPORTANT STEP FORWARD IN THAT ACKNOWLEDGING IT'S A REAL ISSUE,
ACKNOWLEDGING WE NEED TO DO SOMETHING. I'M PROUD TO SUPPORT THIS
RESOLUTION TODAY. THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 729, MS.
HYNDMAN. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW
M. CUOMO TO PROCLAIM JANUARY 2020, AS PEACE MONTH IN THE STATE OF
NEW YORK.
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NYS ASSEMBLY JANUARY 29, 2020
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW TURN OUR ATTENTION TO PAGE 12, CALENDAR NO. 50, IT'S LEGISLATION BY
MEMBER LIFTON. IT'S FIRST VOTE OF THE DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01092, CALENDAR NO.
50, LIFTON, CAHILL, COOK, DINOWITZ, GOTTFRIED, ORTIZ, PAULIN, RIVERA,
BENEDETTO, ENGLEBRIGHT, CUSICK, COLTON, BRONSON, PERRY, SIMON,
MOSLEY, SEAWRIGHT, STECK, WILLIAMS, REYES, WALLACE, BUTTENSCHON,
SANTABARBARA, EPSTEIN. AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN
RELATION TO WAIVING THE STATE'S SOVEREIGN IMMUNITY TO CLAIMS UNDER THE
AMERICANS WITH DISABILITIES ACT OF 1990, THE FAIR LABOR STANDARDS ACT
OF 1938, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AND THE
FAMILY AND MEDICAL LEAVE ACT.
ACTING SPEAKER AUBRY: ON A MOTION --
EXCUSE ME. 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: MR. SPEAKER AND
COLLEAGUES, THIS IS OUR FIRST VOTE OF THE THIRD WEEK, THIRD DAY -- FIRST
7
NYS ASSEMBLY JANUARY 29, 2020
VOTE, THIRD DAY OF THE FOURTH WEEK OF THE 243RD LEGISLATIVE SESSION. IF
YOU'RE IN AND AROUND THE CHAMBERS, WE WOULD ASK THAT YOU WOULD CAST
YOUR VOTE WITH SOME SPEED SO THAT WE MIGHT MOVE TO OUR NEXT AGENDA
ITEM.
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,
MEMBERS. IF YOU ARE IN YOUR SEATS OR IN THE CHAMBER, PLEASE VOTE NOW.
IF YOU ARE IN THE SOUND OF OUR VOICE, COME TO THE CHAMBER AND VOTE.
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, IF WE CAN
GO TO PAGE 27, CALENDAR NO. 140 ON DEBATE BY MS. DICKENS.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03385-A, CALENDAR
NO. 140, DICKENS, SANTABARBARA, FALL, SEAWRIGHT. AN ACT TO AMEND THE
PUBLIC OFFICERS LAW, IN RELATION TO THE ACCESSIBILITY OF PUBLIC HEARINGS
AND MEETINGS.
ACTING SPEAKER AUBRY: MS. DICKENS, AN
EXPLANATION IS REQUESTED. MEMBERS, WE ARE ON DEBATE. PLEASE.
MS. DICKENS: THANK YOU, MR. SPEAKER. OUR
COLLEAGUE, ASSEMBLYMEMBER STECK, HELPED PASS LEGISLATION TO BOLSTER
ANTI-DISCRIMINATION PROTECTIONS FOR NEW YORKERS WITH DISABILITIES IN
RECOGNITION OF JANUARY 29TH, TODAY, BEING DISABILITIES AWARENESS DAY.
8
NYS ASSEMBLY JANUARY 29, 2020
LAST YEAR, THE ASSEMBLY PASSED THIS LEGISLATION THAT I AM PUTTING FORTH
TODAY TO OFFER OPPORTUNITIES FOR MUNICIPALITIES TO PROVIDE HEARING
DEVICES. BUT WE PASSED IT IN THE ASSEMBLY FOR ASSEMBLAGES OF NO
MORE -- OR NO -- HAD TO BE MORE THAN 100 PERSONS IN ATTENDANCE.
RECOGNIZING, OF COURSE, THE TAX THAT MIGHT PRESENT A FINANCIAL HARDSHIP
FOR SOME VILLAGES, MUNICIPALITIES AND TOWNSHIPS, WE WROTE INTO THE
LEGISLATION A FINANCIAL HARDSHIP CLAUSE THAT HAS NO CENTRALIZED CONTRACT;
THEREFORE, ALLOWING THE MUNICIPALITIES TO SEE IF THEY HAVE THE CAPABILITY
OF PAYING, YET BEING ABLE TO OFFER HEARING DEVICES TO AID THOSE THAT ARE
HEARING IMPAIRED. THE REASONABLE EFFORTS INCLUDES ACCESSING FISCAL
CAPABILITY TO ATTAIN HEARING AID EQUIPMENT. EACH MUNICIPALITY,
TOWNSHIP WILL FOLLOW THEIR USUAL PROCUREMENT METHODS AND ASSESS
WHAT, IF ANY, EQUIPMENT WILL FIT THEIR NEEDS. AN INTERPRETER WOULD
APPEAR TO BE THE MORE ECONOMICAL WAY TO PROVIDE THIS SERVICE, OFTEN
FOR THOSE THAT ARE HEARING IMPAIRED IN THE COMMUNITY.
I CONCUR WITH OUR COLLEAGUES [SIC] WHEN HE SAYS, AND I
QUOTE, "EACH AND EVERY ONE OF US HAS THE RIGHT TO LIVE OUR LIVES WITH
DIGNITY AND TO BE GIVEN AND TREATED WITH RESPECT." THAT DOES NOT
CHANGE FOR NEW YORKERS WITH DISABILITIES. THIS LEGISLATION ENHANCES
THAT REASONING, ADDING PROTECTIONS ENSURING THAT ALL NEW YORKERS ARE
ABLE TO PARTICIPATE INDEPENDENTLY IN PUBLIC HEARINGS THAT MOST TIMES
INPUT OFTEN NEGATIVELY UPON THE QUALITY OF LIFE -- ALL AND NOT MERELY
THOSE OF US THAT ARE NOT HEARING IMPAIRED. AS A 504 MEMBER, I AM
ACUTELY AWARE OF MANY OF OUR OBSOLETE AND/OR DISCRIMINATORY LAWS THAT
NEED CHANGING. I URGE MY COLLEAGUES TO PLEASE SUPPORT THIS LEGISLATION
9
NYS ASSEMBLY JANUARY 29, 2020
AS, TODAY, WE CELEBRATE AND RECOGNIZE TODAY AS DISABILITIES AWARENESS
DAY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MS. DICKENS, WILL
YOU YIELD?
MS. DICKENS: ABSOLUTELY.
ACTING SPEAKER AUBRY: MS. DICKENS YIELDS.
MS. WALSH: THANK YOU. APPRECIATING THE FACT THAT
THIS IS COMING -- THIS BILL IS COMING FROM A VERY GOOD PLACE. I DO JUST
HAVE SOME QUESTIONS ABOUT WHO IT WOULD APPLY TO AND THE COST OF THE
PROCESS. SO, THE BILL ACTUALLY HAS TWO PARTS, DOES IT NOT, FIRST THAT A
QUALIFIED INTERPRETER, IF A WRITTEN REQUEST IS MADE, WILL BE PROVIDED AT A
PUBLIC MEETING, THAT'S THE FIRST PART OF THE BILL. AND THEN SECOND, THAT
EQUIPMENT WILL BE INSTALLED IN HEARING ROOMS WHICH CAN HOLD 100 OR
MORE PEOPLE UNLESS THERE WOULD BE AN UNDUE HARDSHIP; IS THAT CORRECT?
MS. DICKENS: YES, THAT'S CORRECT.
MS. WALSH: THANK YOU. SO WHAT LEVELS OF
GOVERNMENT WOULD THIS BILL APPLY TO?
MS. DICKENS: THIS WOULD APPLY TO PUBLIC
MEETINGS, NOT PRIVATE MEETINGS, BUT PUBLIC MEETINGS BECAUSE THAT'S
WHAT WE CAN LEGISLATE ON IS ON THE PUBLIC HEARINGS AND PUBLIC FACILITIES.
AND NOT EVERY TOWNSHIP OR EVERY VILLAGE HAS A PUBLIC BUILDING, AND
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NYS ASSEMBLY JANUARY 29, 2020
MANY OF THEM DO IT TOGETHER. AND SO, IT WOULD GIVE A LARGER CROWD AND
-- AND THOSE THAT ARE HEARING IMPAIRED FREQUENTLY ARE NOT ALLOWED TO
PARTICIPATE BECAUSE THEY DON'T HEAR WHAT'S GOING ON THEMSELVES, AND
THIS WILL ALLEVIATE -- HELP TO ALLEVIATE THIS PROBLEM.
MS. WALSH: SO WOULD IT BE FAIR TO SAY THAT THE
LEVELS OF GOVERNMENT THAT ARE IMPACTED BY THIS BILL WOULD BE
EVERYTHING FROM THE VILLAGE LEVEL, TOWN, COUNTY, YOU KNOW, ALL THE WAY
UP; IS THAT CORRECT?
MS. DICKENS: YEAH, THAT'S CORRECT.
MS. WALSH: ALL RIGHT, THANK YOU. SO, IF A VILLAGE,
FOR EXAMPLE, DID NOT HAVE MEETING SPACE THAT WAS CAPABLE OF SEATING
100 OR MORE PEOPLE, THEN THIS BILL WOULD NOT APPLY; IS THAT CORRECT?
MS. DICKENS: NO, IT'S FOR 100 OR MORE.
MS. WALSH: FOR 100 OR MORE, CORRECT. SO IN A
SMALL VILLAGE, FOR EXAMPLE, THAT HAS A SMALL, MAYBE AN OLD BUILDING,
THEY MIGHT NOT HAVE A ROOM THAT WOULD HOLD 100 OR MORE PEOPLE.
MS. DICKENS: THEY WOULD NOT BE IMPACTED UPON
THIS LEGISLATION IF IT'S UNDER 100 PEOPLE IN ATTENDANCE.
MS. WALSH: THAT'S -- OKAY, GREAT. SO IT'S NOT THE
SIZE OF THE GOVERNMENT OR THE -- HOW RICH OR POOR THE COMMUNITY IS OR
THE SIZE OF THE COMMUNITY, THE SIZE OF THE DEAF OR HARD OF HEARING
COMMUNITY THAT IS REALLY THE ISSUE HERE, IT'S REALLY THE SIZE OF THE ROOM
THAT WOULD BE USED FOR THE PUBLIC MEETING, WHETHER IT WAS CAPABLE OF
HOLDING OVER 100 INDIVIDUALS.
MS. DICKENS: WELL, IF -- IF -- IF -- IF A ROOM CANNOT
11
NYS ASSEMBLY JANUARY 29, 2020
HOLD 100 PERSONS, WE WOULD ASSUME THE FIRE DEPARTMENT WOULD NOT
ALLOW 110 PEOPLE IN A ROOM THAT ONLY COULD ACCOMMODATE 25.
MS. WALSH: AND FAIR ENOUGH. BUT ALSO, THE
REVERSE OF THAT IS ALSO TRUE, CORRECT, MA'AM? BECAUSE IF -- IF THE
BUILDING -- IF THE ROOM COULD HOLD OVER 100 PEOPLE, BUT THERE WERE
ONLY MAYBE THREE PEOPLE IN ATTENDANCE AT A PARTICULAR MEETING, THIS BILL
WOULD STILL APPLY AND REQUIRE THAT IT BE EQUIPPED TO ACCOMMODATE
INDIVIDUALS WHO ARE HARD OF HEARING OR DEAF.
MS. DICKENS: IF THE MEETING HAS LESS THAN 100
PEOPLE, PERIOD, THEY'RE EXEMPT FROM THIS ALL TOGETHER.
MS. WALSH: UNDERSTOOD, THANK YOU. SO, IN THE BILL
IT TALKS A LITTLE BIT ABOUT "UNDUE HARDSHIP" AND EXPLAINS WHEN THESE
ACCOMMODATIONS WOULD NOT NEED TO BE PROVIDED. COULD YOU TALK
ABOUT WHAT THAT MEANS, "UNDUE HARDSHIP," UNDER THIS BILL.
MS. DICKENS: IF A MUNICIPALITY, A TOWNSHIP OR A
COUNTY HAS DIFFICULTY IN PAYING -- BECAUSE THEY CAN LOOK UP -- THERE'S
NO CENTRALIZED CONTRACT. SO IF THEY LOOK UP TO FIND THAT THERE ARE
SEVERAL COMPANIES THAT PROVIDE SUCH EQUIPMENT AND THEY HAVE VARYING
COSTS, THEY WOULD NEED TO HAVE THAT -- THOSE COMPANIES COME OUT AND
ASSESS THE NEEDS FOR THAT BUILDING, THE AGE OF THE BUILDING, THE
ELECTRICITY FOR THE BUILDING, A VARYING AMOUNT OF THINGS THAT -- THAT
WOULD IMPACT UPON PUTTING EQUIPMENT TO BE INSTALLED. AND ONCE THEY
GET THE COST, THEY CAN DETERMINE WHETHER THEY -- THEIR BUDGET WOULD
ALLOW THEM TO BE ABLE TO PAY FOR WHATEVER DEVICES HAS BEEN
RECOMMENDED FOR THEM.
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NYS ASSEMBLY JANUARY 29, 2020
MS. WALSH: SO IT WOULD BE UP TO THE JUDGMENT AND
DISCRETION OF THAT GOVERNMENT ENTITY AS TO WHETHER IT PRESENTED AN
UNDUE HARDSHIP TO THEM.
MS. DICKENS: THAT'S CORRECT.
MS. WALSH: ALL RIGHT. AND IS THERE ANY
ENFORCEMENT MECHANISM IN THE BILL? FOR EXAMPLE, IF -- IF THERE'S A
VERY, SAY, WEALTHY COMMUNITY THAT HAD A BUDGET BIG ENOUGH TO COVER
MAKING THESE ACCOMMODATIONS, BUT THEY WERE NOT MADE UNDER THE
GUISE OF SAYING THAT IT WAS AN UNDUE HARDSHIP, IS THERE ANY WAY TO -- TO
ENFORCE THE BILL THAT YOU'VE WRITTEN HERE?
MS. DICKENS: NO, THERE'S REALLY NO -- MORE
ENDOWED FINANCIALLY COUNTY THAT -- THAT HAS THE CAPABILITY OF PAYING FOR
SUCH DEVICES AND SAYS THEY DON'T. THEY STILL HAVE TWO YEARS IN WHICH
THERE MIGHT BE DIFFERENT AGENCIES THAT MIGHT CONTEST THAT WITHIN THEIR --
THEIR MUNICIPALITY.
MS. WALSH: SO THEY WOULD BE -- THE -- THE
MUNICIPALITY WOULD BE SUBJECTING THEMSELVES TO THE POSSIBILITY OF
SOME LEGAL ACTION FOR FAILING TO MAKE THE CHANGES CALLED FOR IN THIS BILL;
IS THAT CORRECT?
MS. DICKENS: WELL, ONLY, I THINK, IF THEY -- IF THEY
OBVIOUSLY CAN AFFORD IT AND THEN SAY THEY CANNOT. IT MIGHT BE ASKED
BEFORE IT GOES TO LEGAL HOW DID THEY ARRIVE AT THAT.
MS. WALSH: AND HOW WOULD IT BE DETERMINED IF
THEY COULD OBVIOUSLY AFFORD IT?
MS. DICKENS: WHAT DETERMINES THAT?
13
NYS ASSEMBLY JANUARY 29, 2020
MS. WALSH: YES.
MS. DICKENS: WELL, THEY WOULD LOOK AT THE BUDGET
THAT THEY HAVE FOR THE YEAR, THE PAST YEAR, AND THE COST THAT IT WOULD BE
TO PUT IN WHICHEVER CONTRACTED DEVICE THAT THEY WERE TALKING ABOUT
USING. OR THEY COULD LOOK AT AN INTERPRETER, AS WELL.
MS. WALSH: WELL, THAT BRINGS UP ANOTHER POINT.
SO, SOME INDIVIDUALS KNOW AMERICAN SIGN LANGUAGE AND SOME
INDIVIDUALS WHO ARE HARD OF HEARING DO NOT. SO, IT'S REALLY -- YOU CAN'T
EQUATE AN INTERPRETER WITH THE INSTALLATION OF EQUIPMENT FOR THE HARD OF
HEARING. YOU'RE REALLY -- IT COULD BE APPLES AND ORANGES, CORRECT, FOR
THE -- IT DEPENDS ON THE INDIVIDUAL WITH DISABILITY AND WHAT THEIR --
WHAT PROCESS THEY USE IN ORDER TO IMPROVE THEIR ABILITY TO HEAR.
MS. DICKENS: THAT'S CORRECT, BUT INDIVIDUALS
FREQUENTLY REQUEST, AT LEAST AT MANY MEETINGS THAT I'VE HAVE BEEN AT,
INDIVIDUALS HAVE REQUESTED INTERPRETERS AND/OR A DEVICE.
MS. WALSH: OKAY. NOW, SPEAKING OF COST,
BECAUSE YOU HAD MENTIONED SOMETHING ABOUT THE COST. HOW MUCH
WOULD IT COST TO, ON AVERAGE, TO OUTFIT OR TO REEQUIP OR RETROFIT A
BUILDING WITH THE KIND OF DEVICES THAT WE'RE TALKING ABOUT UNDER THIS
BILL?
MS. DICKENS: THAT COST IS GOING TO BE VARYING, AND
IT WOULD DEPEND UPON THE AGE OF THE BUILDING. IT WOULD DEPEND UPON
THE -- THE -- WHETHER THE ELECTRICITY HAS BEEN UPGRADED IN -- IN -- IN THE
NEAR PAST. THERE'S VARIABLES THAT WOULD COME INTO PLAY AS TO THE COST OF
-- OF OUTFITTING SUCH A ROOM.
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NYS ASSEMBLY JANUARY 29, 2020
MS. WALSH: ALL RIGHT.
MS. DICKENS: AND THE SIZE, AS WELL.
MS. WALSH: SO PREVIOUSLY WHEN THIS BILL HAS BEEN
DEBATED, I BELIEVE THAT LAST YEAR THE SPONSOR INDICATED THAT THE AVERAGE
COST WAS SOMEWHERE IN THE RANGE OF $2,500 TO $4,000 TO --
MS. DICKENS: YES.
MS. WALSH: -- TO DO THIS WORK.
MS. DICKENS: YES.
MS. WALSH: OKAY. SO -- BUT IT COULD BE -- IT COULD
BE CONSIDERABLY MORE THAN THAT; WOULD YOU AGREE?
MS. DICKENS: IT COULD BE, BECAUSE IT DEPENDS UPON
THE AGE OF THE BUILDING. YOU KNOW, IT DEPENDS UPON ALL THE VARIABLES
THAT WE'VE JUST DISCUSSED THAT MIGHT IMPACT UPON THE COST OF
INSTALLATION.
MS. WALSH: AND DOES THE SPONSOR KNOW WHETHER
THE ASSEMBLY ITSELF COMPLIES WITH THIS RULE RIGHT NOW?
MS. DICKENS: WELL, WE MAY NOT HAVE ALL OF OUR
HEARINGS DONE SO -- BUT IF WE'VE BEEN ASKED, WE HAVE TRIED TO PROVIDE
INTERPRETERS.
MS. WALSH: OKAY. VERY GOOD.
MS. DICKENS: BUT ALSO, WE DO HAVE CLOSED
CAPTIONING AT SESSION.
MS. WALSH: VERY GOOD. AND THANK YOU VERY MUCH
FOR ANSWERING MY QUESTIONS, MADAM SPONSOR.
AND ON THE BILL, SIR.
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NYS ASSEMBLY JANUARY 29, 2020
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO I THINK THAT, AGAIN, THIS IS A VERY
LAUDABLE GOAL. WE WANT TO MAKE SURE THAT PEOPLE IN OUR COMMUNITY,
WHATEVER THEIR ABILITIES, HAVE AN OPPORTUNITY TO PARTICIPATE IN OUR
GOVERNMENT. SO, I DO -- I DO COMMEND THE SPONSOR FOR BRINGING THIS
FORWARD. I AM CONCERNED REGARDING THE COST, PARTICULARLY TO SMALL
TOWNS AND VILLAGES THAT MAY NOT HAVE THE BUDGETS. I DO APPRECIATE THE
UNDUE HARDSHIP PROVISION THAT WAS PLACED IN THE BILL, BUT I DON'T KNOW
THAT THAT REALLY FULLY ADDRESSES THE -- THE UNFUNDED MANDATE THAT IS
PLACED ON THE LOCAL COMMUNITIES.
I -- I DID A QUICK SEARCH AND SAW THAT ONE COMPANY
ESTIMATED THAT A TYPICAL INSTALLATION FOR A LARGER VENUE LIKE AN
AUDITORIUM OR A SENIOR CENTER OR A CHURCH COULD COST UPWARDS OF $5- TO
$35,000. SO, I AM CONCERNED ABOUT THE COST. IT DOES REPRESENT AN
UNFUNDED MANDATE ON -- ON OUR MUNICIPALITIES AND LOCAL GOVERNMENTS
AND IF THEY DON'T DO IT, THEY ARE SUBJECTING THEMSELVES TO POSSIBLE
LITIGATION. SO FOR THOSE REASONS, I WILL NOT BE SUPPORTING THIS BILL, BUT I
THANK THE SPONSOR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2022.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
16
NYS ASSEMBLY JANUARY 29, 2020
MS. NIOU TO EXPLAIN HER VOTE.
MS. NIOU: FIRST, I WANT TO COMMEND THE SPONSOR FOR
THIS BILL. I THINK THAT THIS BILL IS A VERY, VERY IMPORTANT BILL FOR ALL OF US.
I ACTUALLY LEARNED SIGN LANGUAGE WHEN I WAS IN HIGH SCHOOL AND I FEEL
LIKE SO OFTEN, THERE ARE VOICES THAT ARE LOST WHEN WE ARE NOT
CONSIDERING THE -- THE -- WHEN WE'RE NOT CONSIDERING THE INCLUSION OF
THEM IN OUR POLICY. AND I THINK THAT THIS IS A RARE OPPORTUNITY FOR US TO
ACTUALLY MAKE THAT CONSIDERATION. WE TALK ABOUT THE COST OF HOW MUCH
IT MIGHT BE TO HAVE AN INTERPRETER OR HAVE HEARING ASSISTANCE PROVIDED,
BUT WE NEVER THINK ABOUT THE COST OF THEIR VOICES LOST IN OUR
CONVERSATIONS ABOUT ALL OF THE POLICIES THAT WE'RE WORKING ON,
ESPECIALLY THE ONES THAT ARE REGARDING THE DISABILITY COMMUNITY OR
FOLKS WHO ARE HARD OF HEARING. AND SO, WE NEED TO MAKE SURE THAT WE
ARE PROVIDING THAT AND I JUST WANTED TO SAY THIS BILL IS VERY, VERY
IMPORTANT TO ALL OF US AND FOR -- FOR SOME OF US, WE'RE LIVING WITH A
HIDDEN DISABILITY, IT IS EVEN MORE IMPORTANT TO MAKE SURE THAT WE ARE
VOICING OUR -- OUR THOUGHTS. SO, THANK YOU SO MUCH FOR ALLOWING ME TO
SPEAK AND I VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. NIOU IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. I APPRECIATE THE SPONSOR'S INTENT, AND IT'S ONE THAT I
THINK WE, IN GENERAL, SUPPORT, MAKING HEARINGS MORE AVAILABLE. BUT I
THINK IT'S REALLY IMPORTANT THAT WE, AS THE ASSEMBLY, LEAD BY EXAMPLE.
17
NYS ASSEMBLY JANUARY 29, 2020
WE DON'T COMPLY WITH THIS BILL OURSELVES. THERE'S NOTHING THAT
PREVENTS US FROM COMPLYING IT, BUT WE DON'T COMPLY OURSELVES. WE
DON'T HAVE AN INTERPRETER HERE. WE DON'T HAVE ASSISTED HEARING DEVICES
HERE. WE SHOULD START BY SHOWING LEADERSHIP BY EXAMPLE.
SECOND, WE ARE NOW IN THE BUDGET PROCESS. IT'S SO
EASY FOR US TO PASS LEGISLATION THAT IMPOSES COSTS ON OTHERS. IF WE'RE
SERIOUS ABOUT IMPROVING THIS AREA, WE, AS THE ASSEMBLY, SHOULD
PROVIDE THE FUNDS SO THAT ALL OF OUR SCHOOL DISTRICTS AND ALL OF THEIR
GYMNASIUMS AND AUDITORIUMS AND ALL OF OUR FIRE DEPARTMENTS AND ALL
THEIR MEETING ROOMS, AND VILLAGES AND TOWNS AND COUNTIES HAVE THE
FUNDS TO DO WHAT WE ARE ASKING FOR THEM. AND WE HEAR FROM OUR LOCAL
OFFICIALS ON EVERY LEVEL, EVERY YEAR ABOUT HOW WE IMPOSE COSTS ON
THEM WITHOUT PROVIDING THE FUNDING. AND WHILE WE EXPECT THEM TO
COMPLY WITH A TAX CAP, WE DON'T ASK THEM TO MOVE FORWARD WITHOUT
RECOGNIZING THAT WE ARE IMPOSING COSTS ON THEM.
SO, BECAUSE I'M OPPOSED TO UNFUNDED MANDATES AND
BECAUSE WE'RE NOT LEADING BY EXAMPLE AND BECAUSE WE'RE NOT PROVIDING
THE FUNDING AND BECAUSE WE'RE NOT EVEN DOING IT OURSELVES, LET'S LOOK AT
A HIGHER LEVEL, LEAD BY EXAMPLE, PROVIDE THE FUNDING AND MOVE
FORWARD. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. SIMON.
AND CAN WE PLEASE HOLD DOWN THE CHATTER IN THE BACK,
PLEASE. WE HAVE PEOPLE EXPLAINING THEIR VOTES.
18
NYS ASSEMBLY JANUARY 29, 2020
MS. SIMON: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. SIMON, PROCEED.
MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO
COMMEND THE SPONSOR FOR THIS BILL. THIS IS THE KIND OF BILL THAT WE
NEED TO BE DOING IN THE STATE ASSEMBLY. IT IS ALSO CODIFYING WHAT HAS
LONG BEEN FEDERAL LAW. AND SO, WHILE I UNDERSTAND THAT FOR CERTAIN
MUNICIPALITIES AND CERTAIN ORGANIZATIONS THEY HAVEN'T BEEN ABLE TO KEEP
UP, THE ADA WILL BE 20 YEARS -- 30 YEARS OLD THIS YEAR AND MANY OF
THESE INSTITUTIONS RECEIVE FEDERAL FUNDING SO THEY WOULD BE REQUIRED TO
COMPLY WITH THE REHABILITATION ACT THAT'S BEEN IN EFFECT SINCE 1973.
SO, IF WE CAN HELP PEOPLE GET THIS ON THEIR RADAR SCREEN AND HELP
ENFORCE AND BRING THIS INFORMATION TO ORGANIZATIONS SO THAT THEY KNOW
THAT THEY NEED TO PROVIDE ASSISTIVE LISTENING SYSTEMS AND SIGN LANGUAGE
INTERPRETERS, BECAUSE IT IS ALSO A STATE LAW, THEN WE'RE DOING THE RIGHT
THING HERE AND I THINK THAT WE SHOULD LEAD BY EXAMPLE. I KNOW THAT
OUR PROCEEDINGS ARE ALL LIVESTREAMED WITH CAPTIONS. I THINK MAYBE
MANY OF OUR MEMBERS DON'T REALIZE THAT, BUT THEY ARE. SO, THE
ASSEMBLY IS, IN FACT, COMPLYING IN LARGE RESPECT WITH THOSE
REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. AND I JUST WANT
TO THANK THE SPONSOR AGAIN AND EVERYBODY AND ENCOURAGE EVERYBODY TO
VOTE FOR THIS BILL. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MS. DICKENS.
MS. DICKENS: PERMISSION TO EXPLAIN MY VOTE.
19
NYS ASSEMBLY JANUARY 29, 2020
ACTING SPEAKER AUBRY: PLEASE.
MS. DICKENS: THERE'S A COUPLE THINGS. ONE IS THAT
CAPTIONING IS PROVIDED FOR EVERY SESSION HERE IN THE ASSEMBLY. IN
ADDITION, THE ASSEMBLY DOES HAVE INTERPRETERS AVAILABLE FOR ALL
HEARINGS THAT WE HAVE HERE IN THE CAPITOL. SO, THE -- THE ASSEMBLY IS
ATTEMPTING TO AID AND HELP THOSE THAT HAVE HEARING IMPAIRMENT. IN
ADDITION, WE DO LAWS AND MAKE REQUIREMENTS AT -- AT EVERY BUDGET
SEASON, AS WHAT WAS SAID, AND MANY OF THEM HAS A COST FACTOR TO IT, BUT
MOST OF THEM, UNLIKE THIS ONE, DOES NOT HAVE A HARDSHIP CLAUSE TO AID
MUNICIPALITIES AND NOT HAVING TO PAY INTO THAT IF THEY ARE UNABLE TO
AFFORD IT.
HOWEVER, I THINK IT'S TIME THAT WE TAKE THE STEP TO
STAND UP FOR ALL NEW YORKERS AND NOT JUST THOSE OF US THAT HAVE BEEN
GIVEN THE GOOD GRACE OF NOT SUFFERING WITH HEARING IMPAIRMENT, BUT FOR
ALL NEW YORKERS SO THAT THEY CAN BE A PART AND PARTICIPATE IN A QUALITY
OF LIFE THAT SHOULD BE AVAILABLE TO ALL OF US. I VOTE IN THE AFFIRMATIVE,
AND THANK YOU.
ACTING SPEAKER AUBRY: MS. DICKENS IN THE
AFFIRMATIVE.
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU. I'D LIKE TO EXPLAIN
MY VOTE AS I WANT TO APPLAUD THE SPONSOR FOR THIS BILL. I THINK IT'S A
GREAT BILL. I THINK IT'S A BILL THAT'S WELL OVERDUE. I THINK WE NEED TO DO
THIS FOR EACH AND EVERY INDIVIDUAL OF THIS STATE, ABSOLUTELY. BUT I ALSO
KNOW, BEING A PAST LOCAL OFFICIAL, A TOWN SUPERVISOR, A COUNTY
20
NYS ASSEMBLY JANUARY 29, 2020
LEGISLATOR, SPEAKING WITH SOME OF MY LOCAL PEOPLE LAST NIGHT HERE IN
ALBANY, KNOWING JUST HOW HARD IT IS TO DO THE BUDGET AGAIN THIS YEAR.
THE MANY EXPENSES THAT WE HAVE AT THE LOCAL LEVEL IS JUST ASTRONOMICAL
AND EVERY PIECE OF LEGISLATION THAT WE PASS IN THIS HOUSE WITHOUT
ATTACHING A FUNDING SOURCE TO THAT PIECE OF LEGISLATION TO HELPING -- TO
HELP OUR LOCAL OFFICIALS BACK HOME, OUR LOCAL TAXPAYERS BACK HOME, IS
REALLY ABSURD FOR US TO DO THAT. WE KNOW THAT, WE KNOW THAT THE
PEOPLE WE REPRESENT, THE PEOPLE WE CARE ABOUT, THEY WANT TO DO THESE
THINGS, THEY'RE FOR THESE THINGS, BUT THEY JUST CAN'T AFFORD IT. AND
DEALING WITH THE TAX CAP AND TALKING WITH OUR LOCAL OFFICIALS AGAIN LAST
NIGHT ABOUT SOME OF THE COSTS THAT WE WEREN'T PREPARED FOR BECAUSE OF
THE BAIL REFORM IS JUST NOT DOABLE. AND I HAVE GRAVE CONCERN THAT WE'RE
NOT GOING TO BE ABLE TO DO THIS.
BUT SPONSOR, I DO THANK YOU FOR THIS PIECE OF
LEGISLATION. I DO WANT TO SUPPORT IT, BUT WE NEED TO PUT A FUNDING
SOURCE TO IT. SO, IF WE CAN DO THAT, I WILL ABSOLUTELY SUPPORT THIS PIECE
100 PERCENT, BUT RIGHT NOW I CAN'T UNTIL WE CAN GET THAT FUNDING SOURCE
THERE. MR. SPEAKER, THANK YOU.
ACTING SPEAKER AUBRY: MR. MANKTELOW IN
THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
21
NYS ASSEMBLY JANUARY 29, 2020
SPEAKER. WE'RE-- I'M GOING TO INTERRUPT OUR PROCEEDINGS TO DO AN
INTRODUCTION ON BEHALF OF OUR COLLEAGUE, MS. FAHY, AS WELL AS
DISABILITIES LEGISLATIVE AWARENESS DAY, AND INTRODUCE THE YOUNG LADY
WHO HAS BEEN SELECTED AS THIS YEAR'S VISCARDI AWARD RECIPIENT, LINDSAY
MILLER. LINDSAY IS ACTUALLY HERE TODAY. SHE IS ALSO JOINED BY HER MOM,
NANCY.
MR. SPEAKER, WE HAVE HEARD THIS OVER THE YEARS, BUT I
THINK IT'S DUE TO BE REPEATED THAT THE VISCARDI AWARD IS IN HONOR OF A
GUY BY THE NAME OF DR. HENRY VISCARDI, JR. HE'S A WELL-KNOWN LONG
ISLAND RESIDENT AND FOUNDER OF THE HENRY VISCARDI SCHOOL, FOR HIS
LONG-TIME COMMITMENT TO ADVOCACY ON THE BEHALF OF PEOPLE WITH
DISABILITIES. THE DOCTOR WAS BORN WITH A DISABILITY AND DEDICATED HIS
LIFE TO ADVOCATING FOR DISABILITY RIGHTS, EVENTUALLY BECOMING THE TRUSTED
ADVISOR TO EVERY U.S. PRESIDENT FROM FRANKLIN D. ROOSEVELT TO JIMMY
CARTER. UPON HIS DEATH, WE DECIDED TO HONOR HIS DEDICATION AND
COMMITMENT TO ADVOCACY ON BEHALF OF PEOPLE WITH DISABILITIES.
THIS YEAR, I HAVE THE PRIVILEGE OF PRESENTING LINDSAY
MILLER, THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE ASSOCIATION OF
INDEPENDENT LIVING, WITH THE 16TH ANNUAL LEGISLATIVE DISABILITIES
AWARENESS HENRY VISCARDI, JR. ADVOCACY AWARD. LINDSAY IS THE
EXECUTIVE DIRECTOR OF HER ORGANIZATION. SHE HAS HELPED TO GROW THE
ORGANIZATION IN A MAJOR WAY TO BENEFIT THE PEOPLE LIVING WITH
DISABILITIES IN AND AROUND THE ALBANY AREA. MR. SPEAKER, WOULD YOU
JOIN -- PROVIDE MS. MILLER WITH ALL OF THE CORDIALITIES OF THE FLOOR,
CONGRATULATE HER ON BEING HONORED THIS YEAR, AND EXTEND TO HER AND HER
22
NYS ASSEMBLY JANUARY 29, 2020
MOM THE CORDIALITIES OF THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. FAHY, MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS,
WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON RECEIVING THIS
AWARD. I'M SURE YOUR MOTHER IS AS PROUD OF YOU AS WE ARE AS PROUD OF
YOU. WE HOPE YOU WILL CONTINUE THIS GREAT WORK, CERTAINLY HELPING
THOSE WHO ARE IN NEED OF THE KIND OF ASSISTANCE THAT YOUR ORGANIZATION
PROVIDES IS A MARVELOUS THING. KEEP UP THAT GOOD WORK AND CONTINUE
TO ENJOY THIS YEAR, AND THANK YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, FOR THE
PURPOSES OF ANOTHER ANNOUNCEMENT, IT IS MY HONOR AND A PLEASURE TO
HAVE THIS OPPORTUNITY TO INTRODUCE ON BEHALF OF OUR COLLEAGUE, MEMBER
PHEFFER AMATO, THESE -- THE TORAH ACADEMY GIRLS HIGH SCHOOL, HIGH
LEVEL EDUCATIONAL INSTITUTION LOCATED IN ROCKAWAY, QUEENS. AREN'T
THEY STUNNING? THE SCHOOL PRODUCES WELL-ROUNDED STUDENTS WHO NOT
ONLY EXCEL IN THEIR ACADEMICS, BUT THEY SUCCEED THROUGHOUT THE REST OF
THEIR LIVES. THEY ARE JOINED BY THE STAFF, CECILE WIEDER, WHO IS THE
PRINCIPAL; MRS. NOY, WHO IS AN ASSISTANT PRINCIPAL; MINDY ALTER IS THE
LANGUAGE ARTS TEACHER; MRS. GIBBER IS THE SOCIAL STUDIES TEACHER, AND
MS. JACOBOWITZ IS THE TEACHER'S -- SOCIAL STUDIES AND SCIENCE TEACHER.
SO, MR. SPEAKER, AS YOU CAN SEE, THE TORAH ACADEMY IS PREPARING
YOUNG LADIES FOR A HIGH LEVEL OF LIFE AFTER THEY'VE COMPLETED THEIR
23
NYS ASSEMBLY JANUARY 29, 2020
EDUCATION HERE AT THIS INSTITUTION. WOULD YOU PLEASE, ON BEHALF OF MS.
PHEFFER AMATO, EXTEND YOUR CORDIAL GREETING TO THEM AND WELCOME
THEM TO OUR CHAMBERS.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. PHEFFER AMATO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME
BOTH STUDENTS AND STAFF AND PRINCIPAL HERE TO THE NEW YORK STATE
ASSEMBLY, THE PEOPLE'S HOUSE. WE COMMEND YOU ON THE WORK THAT
YOU'RE DOING IN SCHOOL AND THE PROGRESS YOU ARE MAKING IN YOUR LIVES.
CONTINUE THAT GREAT WORK. KNOW THAT YOU ALWAYS HAVE THE PRIVILEGES
OF THE FLOOR AND THAT WE'RE ALWAYS PLEASED TO SEE YOU HERE IN ALBANY
AND ALSO BACK IN QUEENS, AS I'M SURE MS. PHEFFER AMATO WILL BE VERY
PLEASED TO SEE YOU BACK IN QUEENS. THANK YOU SO VERY MUCH. AND
CONTINUE THE GREAT WORK OF THE SCHOOL.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: WE CAN CONTINUE ON OUR
CALENDAR, WE'RE GOING TO GO TO CALENDAR NO. 156, THAT'S ON PAGE 29, BY
MR. WEPRIN, ON DEBATE.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03923, CALENDAR NO.
156, WEPRIN, CUSICK, BENEDETTO, ABINANTI, MOSLEY, SEAWRIGHT, STERN,
REYES, BUTTENSCHON, OTIS, SANTABARBARA, FALL. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO REQUIRING COUNTIES TO MAINTAIN A
CONFIDENTIAL REGISTRY OF PEOPLE OF ALL AGES WITH DISABILITIES FOR
EVACUATION AND SHELTERING DURING DISASTERS.
24
NYS ASSEMBLY JANUARY 29, 2020
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS BILL
WOULD REQUIRE COUNTIES TO MAINTAIN A CONFIDENTIAL REGISTRY OF PEOPLE OF
ALL AGES WITH DISABILITIES FOR DISASTER PREPAREDNESS. IT AMENDS SECTION
23-A OF THE EXECUTIVE LAW TO REQUIRE THAT LOCAL COUNTIES COMPILE AND
MAINTAIN A LIST OF PEOPLE OF ALL AGES WITH DISABILITIES LOCATED WITHIN THE
COUNTY. THE PURPOSE IS TO ASSIST LOCAL GOVERNMENTS WITH IDENTIFYING
SUCH INFORMATION, THE COUNTY DEPARTMENT OF HEALTH, THE COUNTY
DEPARTMENT OF SOCIAL SERVICES AND/OR THE COUNTY DEPARTMENT OF
MENTAL HEALTH OR ANY SUCH OTHER COUNTY DEPARTMENT OR AGENCIES ARE
AUTHORIZED TO PROVIDE INFORMATION PURSUANT TO MAINTAINING A
CONFIDENTIAL REGISTRY. IT WILL GREATLY AID LOCALITIES IN PREPARING FOR AND
RESPONDING TO DISASTERS. IT CREATES A STANDARDIZED REGISTRY IN ALL
COUNTIES AND ALLOWS INFORMATION TO BE SENT OUT QUICKLY AND EFFICIENTLY
IN CASE OF AN EMERGENCY. IT WILL HELP PROTECT PERSONS WITH DISABILITY OF
ALL AGES. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. WEPRIN, WILL YOU
YIELD?
MR. WEPRIN: ABSOLUTELY, WITH PLEASURE.
ACTING SPEAKER AUBRY: MR. WEPRIN YIELDS.
MS. WALSH: AND JUST FROM THE OUTSET, BECAUSE MR.
25
NYS ASSEMBLY JANUARY 29, 2020
WEPRIN IS BEHIND ME, I HOPE YOU DON'T TAKE ANY OFFENSE THAT I'M GOING
TO BE KIND OF POINTING MYSELF FORWARD, SO...
MR. WEPRIN: I WON'T TAKE IT PERSONALLY.
MS. WALSH: OKAY, THANK YOU.
MR. WEPRIN, I WANTED TO ASK YOU -- SO CURRENTLY UNDER
THE EXECUTIVE LAW, COUNTIES DO HAVE THE PERMISSION TO MAINTAIN A
REGISTRY LIKE THIS; IS THAT CORRECT?
MR. WEPRIN: THEY HAVE THE PERMISSION, BUT IT'S --
BUT IT'S NOT MANDATED. AND, AS YOU KNOW, IN THE PAST NUMBER OF YEARS,
WE'VE HAD INCREASED AMOUNT OF NATURAL DISASTERS, WHICH WOULD
NECESSITATE THIS EVEN MORE.
MS. WALSH: THANK YOU. SO MY UNDERSTANDING IS
THAT BACK IN MAYBE LIKE THE 2005-2006 TIMEFRAME, THERE WERE SOME
HEARINGS DONE, AND IT WAS FOUND AT THAT TIME THAT NOT VERY MANY
COUNTIES WERE MAINTAINING A REGISTRY SUCH AS THIS. DO YOU KNOW HOW
MANY COUNTIES ARE CURRENTLY MAINTAINING A REGISTRY?
MR. WEPRIN: I DO NOT KNOW. THERE MAY BE MORE
WITH THE INCREASE IN NATURAL DISASTERS, BUT IN ANY CASE, THIS CAN SAVE
LIVES AND IT SHOULD BE MANDATED TO ALL COUNTIES IN THE STATE.
MS. WALSH: OKAY. SO WITHOUT KNOWING HOW
MANY COUNTIES ARE ALREADY DOING THIS, WE WANT TO MANDATE ALL 62 TO DO
IT; IS THAT -- IS THAT RIGHT?
MR. WEPRIN: CORRECT.
MS. WALSH: OKAY. SO WHAT SPECIFICALLY WOULD BE
INCLUDED ON THE REGISTRY? THE NAME OF THE INDIVIDUAL, THE ADDRESS OF
26
NYS ASSEMBLY JANUARY 29, 2020
THE INDIVIDUAL -- COULD YOU JUST GO THROUGH THAT, PLEASE?
(PAUSE)
MR. WEPRIN: MY UNDERSTANDING IS IT'S -- IT COULD BE
POTENTIALLY DIFFERENT INFORMATION COUNTY BY COUNTY DEPENDING ON THE
COUNTY EXECUTIVE AND THE LEGISLATURE, BUT THE BASIC IDEA WOULD BE TO
IDENTIFY THAT PARTICULAR INDIVIDUAL WITH A DISABILITY IN THE CASE OF
DISASTER AND WHERE THEY'RE LOCATED AND WHAT THEIR DISABILITY IS.
MS. WALSH: OKAY. DOES THE BILL SPECIFICALLY SAY
WHAT NEEDS TO BE INCLUDED IN THE REGISTRY?
MR. WEPRIN: I DON'T BELIEVE IT DOES.
MS. WALSH: OKAY.
MR. WEPRIN: IT AUTHORIZES THE EMERGENCY
INDIVIDUALS TO ENTER THEIR LOCATION TO HELP OUT IN CASE OF A DISASTER.
MS. WALSH: AND WHO IS IT THAT'S IDENTIFYING THE
INDIVIDUALS WITH DISABILITIES TO BE INCLUDED ON THE REGISTRY?
MR. WEPRIN: WELL, IT'S A VOLUNTARY REGISTRY BY THE
INDIVIDUAL, SO THEY WOULD SUBMIT, YOU KNOW, THEIR NAMES - EITHER THEM
OR AN IMMEDIATE FAMILY MEMBER COULD SUBMIT THE NAMES OF THAT
INDIVIDUAL.
MS. WALSH: OKAY. SO IT'S COMPLETELY VOLUNTARY,
AND THEY WOULD BE SELF-IDENTIFYING THE NATURE OF THEIR DISABILITY; IS THAT
CORRECT?
MR. WEPRIN: THAT IS CORRECT.
MS. WALSH: ALL RIGHT. AND WHAT DO YOU BELIEVE
WOULD BE THE COST THAT WOULD BE INCURRED BY EACH INDIVIDUAL COUNTY FOR
27
NYS ASSEMBLY JANUARY 29, 2020
SETTING UP AND MAINTAINING SUCH A REGISTRY?
MR. WEPRIN: A FEW YEARS AGO A SIMILAR BILL PASSED
BOTH HOUSES AND WAS VETOED BY THE GOVERNOR, AND AT THAT TIME HE
DETERMINED IT WOULD BE ABOUT $10 MILLION. I WOULD ESTIMATE THAT COST
HAS GONE DOWN BECAUSE OF ADVANCES, YOU KNOW, WITH THE INTERNET, WITH
PUBLIC INFORMATION, WITH COMPUTER INFORMATION. SO, I WOULD GUESS IT
WOULD BE LESS THAN IT WAS IDENTIFIED A FEW YEARS AGO AS BEING $10
MILLION.
MS. WALSH: OKAY, VERY GOOD. BUT WE -- IT'S REALLY
AN UNDETERMINED COST, WE REALLY DON'T KNOW WHAT IT WOULD COST?
MR. WEPRIN: WELL, I WOULD ANTICIPATE IT WOULD BE
LESS THAN $10 MILLION.
MS. WALSH: LESS THAN $10 MILLION, OKAY. AND
WHO WOULD THE REGISTRY INFORMATION BE SHARED WITH? WHAT ENTITIES
WOULD BE -- HAVE ACCESS TO THIS INFORMATION?
MR. WEPRIN: IT WOULD BE BASICALLY THE AGENCIES I
REFERENCED IN MY INTRODUCTION WHO BASICALLY WOULD BE INVOLVED IN THE
CASE OF AN EMERGENCY.
MS. WALSH: ALL RIGHT. SO WOULD THAT POSSIBLY
INCLUDE A LOCAL POLICE DEPARTMENT OR A LOCAL FIRE DEPARTMENT?
MR. WEPRIN: YES, IT WOULD.
MS. WALSH: OKAY. I BELIEVE IN THE PAST, YOU HAD
INDICATED THAT YOU WOULD LIKE THE INFORMATION TO BE SHARED WITH AS
MANY ENTITIES AS POSSIBLE IN ORDER TO ENSURE THE SAFETY OF THE PEOPLE ON
THE REGISTRY; IS THAT CORRECT?
28
NYS ASSEMBLY JANUARY 29, 2020
MR. WEPRIN: THAT IS CORRECT.
MS. WALSH: OKAY. AND LASTLY, I THINK THERE'S
SOMETHING CALLED SMART 911, THERE'S A SYSTEM THAT'S AVAILABLE
STATEWIDE, SO WOULD THIS PROVIDE -- THIS REGISTRY PROVIDE SOME --
SOMETHING THAT THAT TYPE OF SYSTEM WOULD NOT?
MR. WEPRIN: WELL, YOU KNOW, THIS -- WE BELIEVE
THAT SYSTEM, YOU KNOW, IS NOT BEING USED BY EVERYBODY AND THIS WOULD
BASICALLY ENCOURAGE PEOPLE AND FAMILIES OF PEOPLE WITH DISABILITIES TO
MAKE SURE THAT -- THAT THEIR LOCATION IS KNOWN AND THAT THEIR DISABILITY
IS KNOWN, WHICH WOULD REQUIRE ADDITIONAL ASSISTANCE. SO, THIS WOULD
BE IN ADDITION TO THAT. WE BELIEVE THIS WILL MAKE IT -- IDENTIFY MORE
INDIVIDUALS IN NEED.
MS. WALSH: AND LASTLY, FOR THE -- FOR THE COUNTIES
THAT HAVE ALREADY UNDERTAKEN TO ESTABLISH A REGISTRY, HAVE ALREADY
EXPENDED WHATEVER MONEY AND MAN HOURS AND WOMEN HOURS NEEDED
IN ORDER TO SET THIS THING UP, WOULD THIS BILL IMPOSE AN ADDITIONAL
REQUIREMENT THAT THEY THEN CAN FORM WHATEVER PROCESS THEY'VE BEEN
FOLLOWING TO WHAT THE BILL REQUIRES?
MR. WEPRIN: I THINK IT WOULD BE DEPEND COUNTY BY
COUNTY ON THE CURRENT PROGRAM, BUT THE IDEA BEHIND THIS IS WE WANT TO
GET AS MANY INDIVIDUALS IDENTIFIED BY THE VARIOUS COUNTIES AND IN THE
REGISTRY IN THE CASE OF AN EMERGENCY.
MS. WALSH: AND WHO WOULD BE MAKING -- WHAT
AGENCY OR GROUP WOULD BE MAKING THE DETERMINATION ABOUT WHETHER AN
EXISTING COUNTY REGISTRY MET MUSTER, YOU KNOW, UNDER THIS BILL IF IT'S
29
NYS ASSEMBLY JANUARY 29, 2020
PASSED AND SIGN INTO LAW?
MR. WEPRIN: IT WOULD BE DETERMINED COUNTY BY
COUNTY BY THE LOCAL AUTHORITIES.
MS. WALSH: VERY GOOD. THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER PICHARDO: ON THE BILL.
MS. WALSH: SO, ONCE AGAIN, I DO VERY MUCH AGREE
WITH THE IDEA BEHIND THIS BILL. I THINK IT'S IMPORTANT. I CHECKED WITH
THE EMERGENCY SERVICES COORDINATOR IN THE COUNTY THAT I REPRESENT.
THEY ALREADY HAVE IT. I REALLY WAS GENUINELY INTERESTED TO FIND OUT HOW
MANY COUNTIES HAVE DONE THIS. I MEAN, THIS BILL HAS BEEN KIND OF
KICKING AROUND SINCE 2006 AND I THINK THAT FROM THE TIME THAT HEARINGS
WERE HELD IN 2005 AND '6 WHEN IT WAS SAID THAT THERE WERE VERY -- A
VERY LIMITED NUMBER OF COUNTIES THAT WERE DOING IT, I WOULD VENTURE TO
GUESS THAT OUT OF OUR 62 COUNTIES, YOU KNOW, I CAN'T REALLY GUESS HOW
MANY ARE DOING IT BECAUSE WE DON'T KNOW.
I JUST THINK THAT A BETTER COURSE OF ACTION MIGHT BE
BEFORE WE IMPOSE A MANDATE ON ALL COUNTIES TO CREATE A REGISTRY, THAT
WE FIGURE OUT HOW MANY ARE ALREADY DOING IT, BECAUSE THIS MAY BE A
SOLUTION IN SEARCH OF A PROBLEM. I DO THINK THAT IT'S GOING TO RESULT IN,
FOR THE COUNTIES THAT HAVEN'T DONE IT, AN UNFUNDED MANDATE. AND FOR
THOSE COUNTIES THAT HAVE ALREADY DONE IT, THEY MAY HAVE TO CHANGE
AROUND THE PROCESS THAT'S ALREADY BEEN WORKING FOR THEM IN ORDER TO
COMPLY WITH THIS BILL. SO, I DO THANK THE SPONSOR FOR THE BILL, BUT I
DON'T THINK IN THIS PRESENT FORM THAT I WILL BE SUPPORTING IT. THANK YOU.
30
NYS ASSEMBLY JANUARY 29, 2020
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
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.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER AND MY
COLLEAGUES, IF WE CAN NOW MOVE TO OUR NEXT ITEM ON DEBATE, IT IS
CALENDAR NO. 266 BY MR. DILAN, AND IT'S ON PAGE 48 OF OUR CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07331, CALENDAR NO.
266, DILAN, WEPRIN, OTIS, BUTTENSCHON, SANTABARBARA, SEAWRIGHT. AN
ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO CLARIFYING THAT
REASONABLE ACCOMODATION TO ENABLE A PERSON WITH A DISABILITY TO USE
AND ENJOY A DWELLING INCLUDES THE USE OF AN ANIMAL TO ALLEVIATE THE
SYMPTOMS OR EFFECTS OF A DISABILITY.
MR. GOODELL: AN EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: MR. GOODELL ASKED
FOR AN EXPLANATION, MR. DILAN.
MR. DILAN: THANK YOU, MR. GOODELL. THIS BILL --
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NYS ASSEMBLY JANUARY 29, 2020
THE PURPOSE OF BILL IS TO PROVIDE CLARIFYING LANGUAGE FOR INDIVIDUALS
WITH A DISABILITY TO ALLOW AN ANIMAL IN THEIR DWELLING UNIT THAT SUCH
ANIMAL ALLEVIATES THE SYMPTOMS OR THE CONDITIONS OF THEIR DISABILITY.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: WOULD THE SPONSOR YIELD?
MR. DILAN: CERTAINLY, MR. GOODELL.
ACTING SPEAKER AUBRY: MR. DILAN YIELDS.
MR. GOODELL: THANK YOU, MR. DILAN. JUST SO
WE'RE CLEAR ON WHAT CURRENT LAW IS, UNDER CURRENT LAW -- UNDER CURRENT
LAW, SERVICE DOGS, SEEING EYE DOGS, SPECIALLY-TRAINED DOGS FOR THOSE
WHO ARE DISABLED ALREADY COVERED, CORRECT?
MR. DILAN: YES.
MR. GOODELL: AND SO ANYONE WHO HAS A SERVICE
DOG OR A GUIDE DOG OR HEARING DOG, THIS BILL DOESN'T APPLY TO THEM AT
ALL, THEY'RE ALREADY COVERED?
MR. DILAN: YES.
MR. GOODELL: SO WHAT ANIMALS THEN WOULD THIS
APPLY TO IF WE'RE NOT TALKING ABOUT GUIDE DOGS, SERVICE DOGS OR HEARING
-- OR SEEING EYE DOGS?
MR. DILAN: WELL, I THINK THE ANSWER TO THAT WOULD
BE, CERTAINLY THE LANGUAGE SAYS "AN ANIMAL," AS YOU'VE READ. THAT CAN
BE VERY BROAD, BUT I THINK THE KEY HERE IS ANY ANIMAL THAT PROVIDES A
REASONABLE -- THAT A HOMEOWNER OR A CO-OP BOARD CAN PROVIDE A
REASONABLE ACCOMMODATION FOR SUCH ANIMAL, AND IT HAS TO BE PROVEN
THAT THAT ANIMAL ACTUALLY PROVIDES A ALLEVIATION OF THE SYMPTOMS OF THE
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NYS ASSEMBLY JANUARY 29, 2020
TENANT'S DISABILITY.
MR. GOODELL: WOULD THIS THEN INCLUDE EMOTIONAL
SUPPORT ANIMALS, FOR EXAMPLE, FOR THOSE WHO --
MR. DILAN: IT CAN BE, IN THE CASES OF DEPRESSION,
YES.
MR. GOODELL: AS YOU KNOW, THERE'S BEEN A GREAT
DEAL OF CONTROVERSY OVER PERCEIVED ABUSES OF THE EMOTIONAL SUPPORT
ANIMALS, PARTICULARLY FLYING ON AIRPLANES. AND PART OF THE CHALLENGE
HAS BEEN THAT THERE'S NO STANDARDS ON WHAT CONSTITUTES AN EMOTIONAL
SUPPORT ANIMAL, NO TRAINING REQUIREMENTS, NO RESTRICTIONS THAT
OTHERWISE APPLY. DOES THIS BILL ADDRESS THAT ISSUE BY REQUIRING THAT
ANIMALS THAT FALL WITHIN THIS BE SPECIFICALLY-TRAINED OR MEET OTHER
CERTIFICATION REQUIREMENTS?
MR. DILAN: SO THIS BILL WOULDN'T SPECIFICALLY
ADDRESS THE QUALIFICATIONS OF SAID DOG IN TERMS OF WHAT THE DOG IS ABLE
TO DO. BUT I THINK WHERE IT GETS NARROWED DOWN IS, ONE, THE DOG HAS TO
HAVE THE -- HAS TO HAVE BEEN PROVEN TO ALLEVIATE THE SYMPTOMS. AND IN
UNDERLYING COURT CASES, THERE HAVE BEEN INDIVIDUALS WHO HAVE
PROVIDED MEDICAL EVIDENCE TO A COURT FROM A PSYCHOLOGIST OR A DOCTOR
THAT THEIR ANIMAL HAS DONE EXACTLY THAT.
MR. GOODELL: YOU MENTIONED THE DOGS, BUT OF
COURSE, AS YOU ALSO ACKNOWLEDGE, THIS IS NOT LIMITED TO DOGS, RIGHT?
MR. DILAN: IT'S NOT LIMITED TO A DOG, YES.
MR. GOODELL: AND IT WOULD COVER PRESUMABLY
CATS?
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NYS ASSEMBLY JANUARY 29, 2020
MR. DILAN: COULD YOU REPEAT THAT? I'M SORRY, MR.
GOODELL.
MR. GOODELL: PRESUMABLY IT WOULD ALSO COVER
CATS?
MR. DILAN: YES.
MR. GOODELL: AND BIRDS OR OTHER ANIMALS?
MR. DILAN: IT COULD, YES.
MR. GOODELL: NOW THE FEDERAL GUIDELINES WHEN
IT APPLIES TO EMOTIONAL SUPPORT ANIMALS EXPRESSLY PROHIBITS CERTAIN
ANIMALS FROM FLYING ON AN AIRPLANE, FOR EXAMPLE. IT MAY BE NEWS TO
SOME, BUT YOU'RE NOT ALLOWED, NOTWITHSTANDING A FAMOUS MOVIE, YOU'RE
NOT ALLOWED TO TAKE SNAKES, REPTILES, FERRETS, RODENTS OR SPIDERS ON AN
AIRPLANE. BUT THIS BILL DOESN'T CONTAIN ANY SIMILAR LIMITATION, CORRECT?
MR. DILAN: IT DOESN'T CONTAIN ANY SIMILAR
LIMITATION, BUT, MR. GOODELL, AS YOU KNOW THE STATE LEGISLATURE AND THE
STATE GOVERNMENT DOESN'T REGULATE AIRPLANES; THAT WOULD BE A FUNCTION
OF THE FEDERAL GOVERNMENT AND THE FAA. BUT I CERTAINLY BELIEVE THAT
WITHIN THE CLARIFYING LANGUAGE HERE THAT THE DEPARTMENT OF HUMAN
RIGHTS REQUESTED, IT ALLOWS FOR A JUDGE TO MAKE A DISCRETION BASED ON
WHAT IS REASONABLE FOR A HOMEOWNER TO ACCOMMODATE WITHIN THEIR
BUILDING. SO IF A CERTAIN ANIMAL COULDN'T BE ACCOMMODATED BY SUCH
DWELLING UNIT AND THE OWNER WAS ABLE TO SHOW PROOF THAT SUCH ANIMAL
COULDN'T BE ACCOMMODATED, IT WOULDN'T BE PERMITTED.
MR. GOODELL: NOW, THIS LEGISLATION APPLIES TO ANY
DWELLING, CORRECT?
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NYS ASSEMBLY JANUARY 29, 2020
MR. DILAN: IT IS -- IT IS OPEN TO ANY DWELLING, BUT
UNDERLYING CASE LAW HAS SHOWN THAT, YOU KNOW, LARGELY THE PROBLEMS
EXIST IN CO-OP UNITS, BUT IT APPLIES TO ANY DWELLING.
MR. GOODELL: BUT IT WOULD, BY ITS TERMS -- I
MEAN, IT'S NOT LIMITED TO APARTMENTS.
MR. DILAN: IT'S NOT LIMITED.
MR. GOODELL: SO, THIS LANGUAGE WOULD ALSO
APPLY, FOR EXAMPLE, TO A CONDOMINIUM COMPLEX OR A COOPERATIVE?
MR. DILAN: IT'S NOT LIMITED.
MR. GOODELL: OR AN AIRBNB?
MR. DILAN: WELL, I WOULD -- THAT'S WHERE, YOU
KNOW, FRANKLY AT THIS POINT IN TIME, I COULDN'T GIVE YOU AN ANSWER. I
WOULD -- I DON'T KNOW THE RULES ON AIRBNB'S PER SE; IT'S IN OTHER SECTION
OF, YOU KNOW, HOUSING LAW, BUT MY OPINION, I WOULD CERTAINLY THINK
THAT THIS WOULD BE FOR A LAWFUL PERMANENT TENANT IN A BUILDING THAT WAS
LAWFUL TO BE INHABITED BY A LONG-TERM TENANT THAT ALSO HAD A DISABILITY.
SO, I'M NOT SURE HOW AN AIRBNB, IN THIS CASE, WOULD -- WOULD APPLY.
MR. GOODELL: DOES THIS LANGUAGE LIMIT THE
DEFINITION OF "DWELLING UNIT" TO ONE IN WHICH IT'S A LONG-TERM TENANCY
OR AN OWNERSHIP INTEREST OR ANYTHING OF THAT NATURE?
MR. DILAN: YOU KNOW, IT SAYS "DWELLING UNIT" IN --
IN THE LANGUAGE. I DON'T THINK IT PROVIDES A DEFINITION IN THE SECTION
THAT IS BEING SOUGHT TO BE CHANGED. IT MAY -- THE DEFINITION OF A
DWELLING MAY EXIST IN OTHER SECTIONS OF THE HUMAN RIGHTS LAW, BUT I'M
ALMOST CERTAIN THAT, YOU KNOW, HOW WE DEAL WITH SHORT-TERM STAYS IN
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NYS ASSEMBLY JANUARY 29, 2020
AIRBNB'S ARE NOT ADDRESSED.
MR. GOODELL: NOW, MANY CONDOS OR
COOPERATIVES, AS PART OF THEIR BYLAWS, PROHIBIT PETS, IN LARGE PART
BECAUSE SOMETIMES PETS CAN BE VERY DISRUPTIVE TO THE OTHER OWNERS OR
THE OTHER OCCUPANTS. WHAT DOCUMENTATION WOULD BE ALLOWED FOR A
CONDOMINIUM OR A COOPERATIVE OR A MANAGEMENT COMPANY OR A
LANDLORD TO REQUEST IN EVALUATING WHETHER OR NOT AN ANIMAL, WHO WAS
NOT A SERVICE ANIMAL, OR A SEEING EYE DOG OR A GUIDE DOG, BUT A, YOU
KNOW, EMOTIONAL SUPPORT ANIMAL. WHAT DOCUMENTATION CAN THEY
LEGITIMATELY REQUEST? SO, FOR EXAMPLE, DOES THIS BILL AUTHORIZE THEM TO
REQUEST MEDICAL DOCUMENTATION?
MR. DILAN: WELL, THE -- THE -- THE BILL -- THE BILL
DOESN'T, BUT WHAT I WOULD SAY IN UNDERLYING CASE LAW, THERE HAVE BEEN
CASES THAT HAVE GONE TO COURTS AND BEFORE ADMINISTRATIVE LAW JUDGES
IN WHICH, YOU KNOW, THE -- THE DISABLED INDIVIDUAL THAT HAD THE PET,
YOU KNOW, CERTAINLY BROUGHT THE CASE, PROVIDED THE MEDICAL EVIDENCE
AND NOT ONLY DID THE STATE DEPARTMENT OF HUMAN RIGHTS AGREE WITH THE
DISABLED THAT WAS DISCRIMINATED AGAINST, BUT, YOU KNOW, CERTAINLY THE
COURTS OF OUR STATE HAVE ALSO AGREED. IN THOSE CASES, ONE IN PARTICULAR,
THEY ALLOWED -- YOU KNOW, THEY ORDERED, YOU KNOW, SAID CO-OP BOARD
TO ALLOW THE TENANT TO KEEP THE DOG AND ALSO AWARDED MONETARY
DAMAGES.
MR. GOODELL: SO, THAT'S UNDER EXISTING LAW?
MR. DILAN: IN OTHER CASES, ALL RIGHT, OF WHERE THE
DISABLED DID NOT PROVIDE MEDICAL RELIEF AND PROVE MEDICAL RELIEF, THE
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NYS ASSEMBLY JANUARY 29, 2020
OUTCOMES WEREN'T AS POSITIVE.
MR. GOODELL: SO IF THE COURTS ARE ALREADY
ADDRESSING THIS ISSUE AND DOING A -- AN ANALYSIS, WHY DO WE NEED THIS?
MR. DILAN: WELL, IN MY OPINION, THE STATE
DEPARTMENT OF HUMAN RIGHTS REQUESTED THIS BECAUSE THERE HAD TO BE
CLARIFYING LANGUAGE THAT SAYS THAT AN ANIMAL THAT ALLEVIATES THE
SYMPTOMS OF SOMEONE'S DISABILITY IS ALSO PROTECTED. I THINK IN THE -- IN
THE PAST LANGUAGE IT WAS CERTAINLY IMPLIED, BUT BECAUSE OF THE CASE LAW
THAT CAME FORWARD, THEY FELT THE NEED TO ADD THIS AS CLARIFYING
LANGUAGE. AND I THINK IT COULD BE BOTH BENEFICIAL TO TENANTS, DISABLED
TENANTS AND HOMEOWNERS BECAUSE WHEN -- CERTAINLY IF I'M PART OF A
CO-OP BOARD AND THERE'S EXISTING CASE LAW THAT I COULD POTENTIALLY
DISCRIMINATE AND I KNOW THAT THE DAMAGES TO, YOU KNOW, MY CO-OP
COULD BE IN THE RANGE OF $10,000 TO $7,500, I CERTAINLY HAVE LAW THAT
CLARIFIES THAT MY CO-OP COULD BE AT RISK TO THAT AMOUNT AND IT WOULD
ALLOW ME TO FOLLOW THE LAW AND, YOU KNOW, SAVE MY -- MY
ORGANIZATION OF MONETARY DAMAGES.
MR. GOODELL: I APPRECIATE THOSE COMMENTS.
THANK YOU VERY MUCH, MR. DILAN.
ON THE BILL.
MR. DILAN: THANK YOU, MR. GOODELL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: UNFORTUNATELY, WE HAVE SEEN
EXTENSIVE DOCUMENTATION AND CONSIDERABLE DATA ON HOW THE CONCEPT OF
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NYS ASSEMBLY JANUARY 29, 2020
AN EMOTIONAL SUPPORT ANIMAL HAS BEEN ABUSED, NOT JUST IN NEW YORK,
BUT ACROSS THE NATION. AND, UNFORTUNATELY, BECAUSE THAT CONCEPT HAS
BEEN SO OFTEN ABUSED BECAUSE THERE ARE NO RECOGNIZED CERTIFICATION OR
TRAINING STANDARDS, MANY DISABILITY ADVOCATES HAVE EXPRESSED GREAT
CONCERN OVER ELIMINATING THE DISTINCTION BETWEEN HIGHLY-TRAINED
SERVICE DOGS OR GUIDE DOGS AND ALL OTHER ANIMALS THAT AN INDIVIDUAL
MIGHT CLAIM SOMEHOW HELPS THEM ADDRESS AN UNDEFINED CONDITION.
RECENTLY, FOR EXAMPLE, A NUMBER OF
NATIONALLY-LEADING DISABILITY ADVOCATES OUTLINED THE PROBLEM WHEN YOU
ELIMINATE THE DISTINCTION BETWEEN HIGHLY-TRAINED SERVICE AND GUIDE
DOGS AND ALL THE OTHER ANIMALS THAT ARE OUT THERE THAT PEOPLE WANT TO
KEEP AS PETS. FOR EXAMPLE, THE PRESIDENT AND CHIEF EXECUTIVE OF THE
WORLD SERVICE FOR THE BLIND SAID, QUOTE, "AN UNTRAINED PET
MASQUERADING AS A SERVICE ANIMAL IS A GROWING PROBLEM, AND THAT
CONFUSION OVER SERVICE DOGS, ESPECIALLY THOSE THAT ARE HIGHLY TRAINED TO
HELP PEOPLE WITH DISABILITIES, THAT CONFUSION WITH EMOTIONAL SUPPORT
DOGS THAT REQUIRE NO TRAINING CLOUD THE ISSUE FOR DISABILITY ADVOCATES."
GERRY DEROCHE, WHO IS THE CHIEF EXECUTIVE OFFICER
OF THE NATIONAL EDUCATION FOR ASSISTANCE DOG SERVICES SAID, QUOTE,
"FRAUDULENT SERVICE OR SUPPORT ANIMALS CAN DISPLACE LEGITIMATE
ANIMALS, PARTICULARLY WHEN THERE'S LIMITED OPPORTUNITIES." DAVE FAVRE,
WHO IS EDITOR-IN-CHIEF OF THE ANIMAL LEGAL AND HISTORIC CENTER AT THE
UNIVERSITY OF MICHIGAN SAID, QUOTE, "FRAUDULENT CASES ERODE TRUST
ABOUT SERVICE ANIMALS," AND HE WENT ON TO SAY, "ABUSE IS EVERYWHERE."
AND THE REASON WE HAVE THIS WIDESPREAD ABUSE WHEN IT COMES TO
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NYS ASSEMBLY JANUARY 29, 2020
EMOTIONAL SUPPORT ANIMALS IS BECAUSE ALL OF US WHO HAVE PETS WILL
REASSURE EVERYONE ELSE THAT WE LOVE OUR PET AND OUR PET IS A GREAT
COMFORT. AND WHEN WE COME HOME FROM SPENDING SEVERAL FRUSTRATING
DAYS IN ALBANY, IT'S GREAT TO HAVE THAT UNEQUIVOCAL LOVE FROM A PET THAT
JUMPS IN OUR LAP. AND ONLY LATER DO WE HAVE TO DISCUSS WITH OUR
SPOUSE HOW THEY HAD TO CLEAN UP AFTER THE PET ALL WEEK WHILE WE WERE
GONE.
SO WHILE WE RECOGNIZE THAT OUR PETS GIVE US EMOTIONAL
SUPPORT, THAT DOESN'T MEAN THAT WE SHOULD WHOLESALE -- STATE THERE'S NO
DIFFERENCE BETWEEN A HIGHLY-TRAINED GUARD DOG -- OR, I'M SORRY, A GUIDE
DOG, HIGHLY-TRAINED GUIDE DOG, WHICH IS ESSENTIAL FOR SOMEONE WITH
DISABILITIES, AND A PET THAT MERELY HELPS ALLEVIATE OUR OWN CONCERNS
WITH FRUSTRATION OR STRESS. I WOULD ALSO NOTE THAT IN A DISABILITY, THE
GREAT CONCERNS RAISED BY THE ADVOCATES, THERE'S GREAT CONCERNS RAISED
BY TENANTS. AND THE TENANT ADVOCATES ARE VERY MUCH AWARE OF THE FACT
THAT IF YOU ARE IN AN APARTMENT BUILDING, OR A CO-OP OR A CONDO, AND
YOUR NEXT DOOR NEIGHBOR HAS AN UNTRAINED PET WHO LIKES TO WAKE YOU
UP WHEN YOU LIKE TO SLEEP, IT IS A REAL PROBLEM. AND IT'S NOT A REAL
PROBLEM WITH HIGHLY-TRAINED SEEING EYE DOGS AND GUIDE DOGS AND
SERVICE DOGS, BECAUSE THEY ARE SPECIFICALLY TRAINED TO BE HOUSEBROKEN
AND TO BE GOOD NEIGHBORS. BUT IT'S A REAL PROBLEM WITH UNTRAINED PETS.
AND IF YOU'RE A CONDO OWNER OR A COOPERATIVE AND THE APARTMENT NEXT
DOOR KEEPS YOU AWAKE ALL NIGHT, GOOD LUCK SELLING YOUR UNIT. IT'S
WORTHWHILE FOR YOU TO PAY FOR YOUR NEIGHBOR TO GO ON VACATION WHEN
YOU'RE TRYING TO SELL THE UNIT, BECAUSE OTHERWISE YOU WILL FACE SEVERE
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NYS ASSEMBLY JANUARY 29, 2020
DAMAGES.
AND FINALLY, KEEP IN MIND THAT MANY PEOPLE HAVE
SERIOUS ALLERGIES. MY WIFE IS ALLERGIC TO CATS. IT'S NOT THAT SHE DOESN'T
LIKE THEM, SHE LOVES THEM, BUT THE DANDER AND THE FUR AND THE HAIR
CREATES AN ALLERGIC REACTION THAT'S NOT AT ALL UNCOMMON. SO, AS WE OPEN
UP ALL OF OUR APARTMENTS TO PETS, WE WANT TO KEEP IN MIND THE IMPACT
THAT IT HAS ON OTHER TENANTS WHO ARE ALSO PAYING RENT. FOR THESE
REASONS, WE NEED TO TIGHTEN THIS BILL BEFORE IT MOVES FORWARD AND I
WOULD RECOMMEND A VOTE AGAINST IT. THANK YOU, MR. SPEAKER AND,
AGAIN, THANK YOU TO 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.)
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: YES, THANK YOU, MR. SPEAKER. I WANT
TO JUST CLARIFY -- I WANT TO COMMEND THE SPONSOR FOR THIS BILL, AND TO
ALSO CLARIFY SOME QUESTIONS THAT WERE RAISED BY OTHER SPEAKERS.
NUMBER ONE, IT'S VERY CLEAR IN THE LAW WHAT THE DIFFERENCE IS BETWEEN A
PET, A COMPANION ANIMAL AND A SERVICE ANIMAL. I'D LIKE TO SUGGEST THAT
EVERYBODY GOOGLE, "GUIDE TO THE USE OF SERVICE ANIMALS IN NEW YORK
STATE," THE JOINT REPORT BY THE CITY BAR AND THE STATE BAR, COMPILED A
VERY EXTENSIVE REPORT ON THE USE OF SERVICE ANIMALS. I WAS ONE OF THE
AUTHORS OF THAT REPORT.
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NYS ASSEMBLY JANUARY 29, 2020
THE REALITY IS THAT SERVICE ANIMALS ARE TRAINED. THE
VAST MAJORITY ARE TRAINED BY THEIR OWNERS TO DO FOR THEM WHAT IT IS THEY
NEED DONE. GUIDE DOGS ARE A WHOLLY DIFFERENT SET -- SUBSET OF THAT, THAT
ARE EVEN MORE HIGHLY TRAINED BECAUSE OF THE POPULATION THAT THOSE
GUIDE DOGS SERVE. THEY CANNOT BE CONFUSED WITH SERVICE ANIMALS, BUT
THEY ARE A SUBSET OF SERVICE ANIMAL, AND SERVICE ANIMALS ARE NOT PETS,
THEY HAVE -- AND THEIR OWNERS HAVE DIFFERENT RIGHTS UNDER THE LAW. AND
I JUST WANT TO CLARIFY THAT FOR EVERYONE SO THEY'RE NOT CONFUSED. THANK
YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MR. DILAN TO EXPLAIN HIS VOTE.
MR. DILAN: CERTAINLY, AND I'D LIKE TO THANK MS.
SIMON FOR THAT CLARIFICATION. I WAS JUST ABOUT TO DO THAT, SO THERE WON'T
BE A NEED FOR ME TO DO THAT PART OF IT. BUT I DO ALSO WANT TO CLARIFY THAT
IN THIS BILL, WE ARE NOT OPENING UP THE ENTIRE HOUSING STOCK OF -- FOR
PETS. YOU KNOW, OBVIOUSLY THIS IS SPECIFICALLY FOR THOSE WHO ARE
DISABLED AND FOR THOSE WHO CAN MEDICALLY SHOW THAT, YOU KNOW, THEIR
ANIMAL ALLEVIATES THEIR SYMPTOMS.
NOW, IN -- IN A PRIOR GOVERNMENTAL LIFE, YOU KNOW, I
WAS THE CHAIR OF THE HOUSING AND BUILDINGS COMMITTEE. WE HAD
LEGISLATION THAT IN -- IN STATUTE WOULD ALLOW ALL OF NEW YORK CITY'S
APARTMENTS TO HAVE PETS, WHETHER YOU WERE DISABLED OR NOT. THAT BILL
NEVER CAME TO THE FLOOR BECAUSE I HAD BELIEVED THAT IT WAS THE RIGHT OF
A BUILDING OWNER OR ORGANIZATION CERTAINLY TO, YOU KNOW, MAKE THAT
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NYS ASSEMBLY JANUARY 29, 2020
RULE THAT WE DID NOT NEED THAT IN LAW. BUT IN THE CASE OF SOMEONE WHO
IS DISABLED AND NEEDS ADDITIONAL SERVICES THAN EVERYONE ELSE TO GET BY
AND DEAL WITH THEIR SYMPTOMS, I CERTAINLY BELIEVE THAT IS CORRECT AND I
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. DILAN IN THE
AFFIRMATIVE.
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, IF WE CAN
TAKE UP OUR LAST DEBATE FOR TODAY. WE'RE GOING TO GO TO CALENDAR NO.
346 BY MR. HEVESI, AND IT'S ACTUALLY ON PAGE 60.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08994, CALENDAR NO.
346, HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY, EPSTEIN,
BUTTENSCHON, OTIS, SANTABARBARA, SEAWRIGHT, REYES. AN ACT TO AMEND
THE SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING FACTORS TO BE
CONSIDERED WHEN A HEALTH CARE PRACTITIONER UPON EXAMINATION HAS A
DIFFERENT OPINION FROM AN APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S
OPINION AS TO AN APPLICANT'S DISABILITY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. HEVESI.
MR. HEVESI: GOOD, AFTERNOON, MR. SPEAKER; GOOD
AFTERNOON, MY COLLEAGUES. THIS BILL WE HAVE SEEN BEFORE. WE PASSED
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NYS ASSEMBLY JANUARY 29, 2020
IT OUT OF THIS HOUSE LAST YEAR, ALSO PASSED THE SENATE, THEN THE
GOVERNOR VETOED IT AND SENT A VETO MESSAGE THAT IS FRANKLY DEVOID OF
FACTS AND NONSENSICAL - I'LL GET TO THAT IN A SECOND. BUT JUST FOR THE
UNDERLYING BILL, THIS BILL WAS DESIGNED TO ADDRESS A SPECIFIC PROBLEM
FOR PEOPLE WITH DISABILITIES WHEN THEY GO TO APPLY FOR PUBLIC
ASSISTANCE. THEY GET TREATED, NOT TREATED, DIAGNOSED BY A DOCTOR WHO
WORKS FOR THE LOCAL SOCIAL SERVICES DISTRICT, BASED OFF OF ONE VISIT WITH
THAT DOCTOR, AND THEN THEY ARE PUT IN JOBS THAT THEY ARE SIMPLY NOT
CAPABLE OF MAINTAINING. SO MANY PEOPLE WITH DISABILITIES ARE THEN
UNABLE TO COMPLY WITH THE WORK REQUIREMENTS, THEY LOSE THEIR PUBLIC
ASSISTANCE BECAUSE THEY'RE UNABLE TO WORK, THEREFORE THEY -- IT HURTS
THEM, THEY LOSE MONEY AND IT HURTS THE COUNTY BECAUSE THEY BECOME
HOMELESS.
SO THIS BILL MIRRORS FEDERAL LAW AND BASICALLY WHAT IT
DOES IS IT ALLOWS THE WEIGHT OF THE TREATING PHYSICIAN, NOT THE DOCTOR
THAT IS EMPLOYED BY THE LOCAL SERVICES DISTRICT, BUT THE TREATING
PHYSICIAN WHO HAS A HISTORY WITH THAT PATIENT, UNDER CERTAIN
CIRCUMSTANCES. NOW, LET ME GET TO THE GOVERNOR'S VETO MESSAGE.
NUMBER ONE, VETO MESSAGE NO. 179, THE GOVERNOR
STATES THAT THE BILL IS UNNECESSARY. WELL, FOR ALL OF THE DISABLED PERSONS
WHO'VE BEEN KNOCKED OFF OF PUBLIC ASSISTANCE BECAUSE THEY WERE MADE
TO WORK IN JOBS THAT THEY SIMPLY WERE NOT CAPABLE OF HANDLING, I WOULD
SAY THAT THAT'S A LITTLE OFFENSIVE. HE WOULD ALSO SUGGEST THAT SAFEGUARDS
ALREADY EXIST, BUT COULDN'T POINT OUT THE SAFEGUARDS SO, FRANKLY, THERE
ARE NONE. IN THE VETO MESSAGE, THE GOVERNOR ALSO SAYS THIS BILL COULD
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NYS ASSEMBLY JANUARY 29, 2020
ENCOURAGE FRAUD OR ERRONEOUS DECISIONS BY DOCTORS. WELL, FIRST, FOR
FRAUD, WE LIFTED THE LANGUAGE FOR THIS BILL RIGHT FROM A FEDERAL STATUTE
WHERE THEY DO THE SAME THING, AND THERE'S BEEN NO PROBLEMS WITH
FRAUD.
AND THE LAST PIECE IS HE'S TRYING TO STOP ERRONEOUS
DECISIONS BY DOCTORS WITHOUT EXPERTISE. LET ME ADDRESS THAT
SPECIFICALLY. THIS BILL GIVES CONTROLLING WEIGHT TO THE PERSON'S DOCTOR,
BUT ONLY UNDER CERTAIN CIRCUMSTANCES. ONE OF THOSE CIRCUMSTANCES IS
THE EXPERTISE OF THE DOCTOR. THIS BILL PROHIBITS A DOCTOR WHO IS A FOOT
DOCTOR FROM DIAGNOSING MULTIPLE SCLEROSIS AND USING IT AS A REASON THAT
SOMEBODY SHOULD NOT GET BENEFITS.
SO, I FIND THE GOVERNOR'S VETO, FRANKLY, NONSENSICAL
AND WHEN HE BATS STUFF OUR WAY LIKE THIS, WE'RE JUST GOING TO BAT IT BACK
WITH FACTS AND BE ON THE SIDE OF THE PEOPLE IN THE DISABLED COMMUNITY
WHO HAVE BEEN HURT BY OTDA AND LOCAL SOCIAL SERVICE DISTRICTS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
MY COLLEAGUE YIELD?
ACTING SPEAKER AUBRY: MR. HEVESI, WILL YOU
YIELD?
MR. HEVESI: YES, SIR, MR. GOODELL.
ACTING SPEAKER AUBRY: MR. HEVESI YIELDS.
MR. GOODELL: THANK YOU, MR. HEVESI. YOU
MENTIONED THE VETO AND YOU MENTIONED YOUR DISAGREEMENT WITH THE
LANGUAGE OF THE VETO MESSAGE.
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NYS ASSEMBLY JANUARY 29, 2020
MR. HEVESI: YES.
MR. GOODELL: HAS THERE BEEN ANY CHANGE IN THE
LANGUAGE OF THIS BILL AS A RESULT OF THAT VETO OR FOR ANY OTHER REASON?
MR. HEVESI: NO. SINCE I FELT THAT THE VETO MESSAGE
WAS DEVOID OF FACTS, WE FELT NO NEED TO CHANGE THE BILL.
MR. GOODELL: AND HAVE YOU MET WITH ANY OF THE
GOVERNOR'S STAFF OR THE GOVERNOR HIMSELF TO DISCUSS THIS?
MR. HEVESI: I HAVE NOT MET WITH THE GOVERNOR
MYSELF. I'M SORRY, I'M TRYING NOT TO CHUCKLE ON THAT ONE. BUT ALSO, OUR
STAFF HAS HAD CONVERSATIONS. BUT, WE AFTER THOSE CONVERSATIONS,
DECIDED, NO, WE'RE JUST GOING TO SEND IT BACK AND WE'LL KEEP SENDING IT
BACK. AND ALSO, WE WILL MAKE THE PUBLIC AWARE THAT THE GOVERNOR IS
ALLOWING A CIRCUMSTANCE WHERE PEOPLE WITH DISABILITIES ARE REPEATEDLY
KICKED OFF OF PUBLIC ASSISTANCE.
MR. GOODELL: NOW YOU MENTIONED THAT MANY
PEOPLE WITH DISABILITIES ARE SANCTIONED WHEN THEY ARE UNABLE TO
PERFORM ANY WORK OR TRAINING ACTIVITIES. AS YOU KNOW, THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE PUBLISHES A VERY COMPREHENSIVE
LIST OF DATA REPORTING ON ALMOST EVERY ASPECT OF THEIR PROGRAM. CAN
YOU ADVISE US HOW MANY PEOPLE WITH DISABILITIES ARE ACTUALLY
SANCTIONED?
MR. HEVESI: ARE ACTUALLY SANCTIONED?
MR. GOODELL: YES.
MR. HEVESI: WELL, IN NEW YORK CITY, THE NUMBER
IS ALMOST ZERO NOW BECAUSE SEVERAL YEARS AGO - THIS IS A DIFFERENT TOPIC,
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NYS ASSEMBLY JANUARY 29, 2020
BUT RELATED - WE PASSED A BILL BY FORMER CHAIRMAN KEITH WRIGHT TO END
THE SANCTION PROCESS AND IMPOSE A CONCILIATION PROCESS. SO, IN THE
CITY OF NEW YORK, THAT POLICY HAS BEEN GOING I BELIEVE SINCE 2015, SO
VERY FEW PEOPLE ARE SANCTIONED. HOWEVER, UPSTATE IS STILL -- THE REST OF
STATE - AND I HATE THAT TERM, I'M FROM THE CITY, BUT I HATE THAT TERM - BUT
THE REST OF STATE IS STILL ABLE TO SANCTION PEOPLE. WE HAD A BILL FROM
MS. HUNTER, MY COLLEAGUE, WAS PASSED HERE LAST YEAR THAT WOULD MIRROR
THE CONCILIATION PROCESS THAT THE CITY OF NEW YORK IS CURRENTLY
EMPLOYING. THE GOVERNOR VETOED THAT, AS WELL AND, BY THE WAY, THAT
VETO MESSAGE WAS DEVOID OF FACT, AS WELL.
SO, I DON'T KNOW THE EXACT NUMBER OF HOW MANY
PEOPLE WERE SANCTIONED, BUT WE KNOW THAT SANCTIONS ARE OCCURRING IN
LARGE NUMBERS IN UPSTATE NEW YORK.
MR. GOODELL: BUT IN TERMS OF YOUR DISTRICT OR
NEW YORK CITY, THE NUMBER OF PEOPLE THAT ARE SANCTIONED IS NEAR ZERO?
MR. HEVESI: I DON'T WANT TO SAY NEAR ZERO, I'D SAY
VERY LOW --
MR. GOODELL: VERY LOW.
MR. HEVESI: -- BECAUSE WE TOOK STEPS PROACTIVELY
AS A LEGISLATURE TO STOP THE PROCESS.
MR. GOODELL: AND SO -- OKAY, I APPRECIATE THAT.
YOU MENTIONED THAT THIS LANGUAGE TRACKS OR MIRRORS FEDERAL LAW.
MR. HEVESI: YES, SIR.
MR. GOODELL: BUT ISN'T IT CLEAR THAT FEDERAL LAW IS
BLACK AND WHITE, THAT A MEDICAL DETERMINATION IS NOT THE SAME AS A
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NYS ASSEMBLY JANUARY 29, 2020
DISABILITY DETERMINATION?
MR. HEVESI: YEAH, DO ME A FAVOR, ANDY, BECAUSE
WE GO THROUGH THIS EVERY COUPLE YEARS THIS BILL HAS GONE THROUGH.
COULD YOU DO ME A FAVOR AND EXPLAIN YOUR DISTINCTION BETWEEN THE TWO
AND THEN I'LL -- I'LL ELABORATE WHY I -- I DON'T THINK THE DISTINCTION IS
NECESSARY.
MR. GOODELL: CERTAINLY. SO THE REFERENCE UNDER
THE FEDERAL REGULATIONS IS 20 CFR 416.927, FOR ALL THOSE WHO ARE
WRITING THAT DOWN. AND WHAT IT SAYS IS, "OPINIONS THAT YOU ARE
DISABLED," THAT'S THE SUBTITLE, AND IT SAYS, "WE," MEANING THE FEDERAL
SOCIAL SECURITY ADMINISTRATION, "WE ARE RESPONSIBLE FOR MAKING THE
DETERMINATION OR DECISION ABOUT WHETHER YOU MEET THE STATUTORY
DEFINITION OF DISABILITY. IN SO DOING, WE REVIEW ALL THE MEDICAL
FINDINGS AND OTHER EVIDENCE THAT SUPPORT A MEDICAL SOURCES STATEMENT
THAT YOU ARE DISABLED." IT GOES ON TO SAY, "A STATEMENT BY A MEDICAL
SOURCE THAT YOU ARE, QUOTE, "DISABLED," CLOSED QUOTE, OR, QUOTE, "UNABLE
TO WORK," CLOSED QUOTE, "DOES NOT MEAN THAT WE WILL DETERMINE THAT
YOU ARE DISABLED. THAT IS AN OPINION RESERVED TO THE COMMISSIONER.
WE USE MEDICAL SOURCES, INCLUDING YOUR TREATING SOURCE, TO PROVIDE
EVIDENCE, INCLUDING OPINIONS ON THE NATURE AND SEVERITY OF YOUR
IMPAIRMENT, AND ALTHOUGH WE CONSIDER OPINIONS FROM MEDICAL SOURCES
ON ISSUES SUCH AS WHETHER YOUR IMPAIRMENT MEETS OR EQUALS THE
REQUIREMENTS, YOUR RESIDUAL FUNCTIONING CAPACITY OR THE APPLICATION OF
VOCATIONAL FACTORS, THE FINAL RESPONSIBILITY FOR DECIDING THESE ISSUES IS
RESERVED TO THE COMMISSIONER."
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NYS ASSEMBLY JANUARY 29, 2020
I THINK THAT'S FAIRLY SELF-EXPLANATORY, BUT BASICALLY IN
THE FEDERAL MODEL, THEY SAY WE'LL LISTEN TO WHAT YOUR MEDICAL EXPERT
SAYS YOUR PHYSICAL CONDITION IS, BUT WE MAKE THE VOCATIONAL
DETERMINATION AS TO WHETHER THAT MEANS YOU'RE DISABLED. AND, AS YOU
KNOW, UNDER THE OLD SYSTEM THERE WAS A DICTIONARY OF OCCUPATIONAL
TITLES THAT HAD OVER 12,000 OCCUPATIONS LISTED WITH CRITERIA. AND SO ON
THE FEDERAL MODEL, THE DETERMINATION OF WHETHER YOU'RE DISABLED FOR
PURPOSES OF THE FEDERAL DETERMINATION IS A VOCATIONAL DECISION WHICH
INCLUDES MEDICAL EVIDENCE, AS WELL AS OTHER EVIDENCE.
MR. HEVESI: YUP.
MR. GOODELL: THIS LANGUAGE THAT YOU'RE
SUGGESTING DOES NOT MAKE IT CLEAR THAT THE DETERMINATION OF DISABILITY
WOULD REMAIN WITH THE STATE, CORRECT? IT SAYS THE DOCTOR WOULD MAKE
NOT ONLY A MEDICAL DECISION, BUT A DISABILITY DECISION.
MR. HEVESI: I -- I -- I UNDERSTAND THE LOGIC OF
TRYING TO DISTINGUISH BETWEEN THE TWO, BUT I WOULD SUGGEST THAT TO
DISTINGUISH, IT'S A DISTINCTION WITHOUT A DIFFERENCE, AND HERE'S WHY: SO,
WHEN A PERSON WITH A DISABIL -- A DISABLED PERSON, A PERSON WITH
DISABILITIES GOES BEFORE A DOCTOR THAT'S CONTRACTED BY THE DEPARTMENT OF
SOCIAL SERVICE, WHAT WE'VE BEEN FINDING IS THAT THAT SPECIFIC DOCTOR IS
UNDERDIAGNOSING OR OVERDIAGNOSING, OKAY, BECAUSE THEY DON'T HAVE A
HISTORY AND, THEREFORE, THAT DIAGNOSIS IS BEING USED TO DETERMINE THEIR
WORK CAPACITY. IT MAY BE A TWO-STEP PROCESS, ANDY, BUT IT'S PART OF THAT
TWO-STEP PROCESS AND, THEREFORE, THE PEOPLE WITH DISABILITIES ARE BEING
PLACED INTO JOBS THAT THEY CANNOT DO.
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NYS ASSEMBLY JANUARY 29, 2020
SO, THE -- THE LAW -- THE LANGUAGE OF THE FEDERAL
STATUTE THAT YOU JUST MENTIONED IS NOT WHAT WE TRACK IN THE BILL. WHAT
WE TRACK IN THE BILL IS THAT -- A DIFFERENT SECTION OF FEDERAL LAW WHERE
WE GIVE CONTROLLING WEIGHT TO THE DISABLED PERSONS' DOCTOR UNDER
CERTAIN CONDITIONS. SO, I UNDERSTAND THERE'S A -- YOU THINK THERE'S A
DISTINCTION, BUT I'M TELLING YOU THAT THE DIAGNOSIS THEN LEADS TO A
DETERMINATION BY THE DSS WHICH IS PROBLEMATIC. SO, WE'RE TRYING TO
GET BOTH IN ONE SHOT.
MR. GOODELL: THE NEXT -- AND I APPRECIATE THAT. I
THINK WHAT I QUOTED WERE THE REGULATIONS THAT IMPLEMENTED THE
LANGUAGE -- STATUTORY LANGUAGE YOU WERE REFERRING TO, AND PERHAPS --
MR. HEVESI: BUT WE DON'T PUT THAT IN THIS BILL AND
WE DON'T PUT THAT IN THE STATUTE ON PURPOSE. WE'RE NOT GRABBING THEIR
REGS AND PUTTING IT IN HERE.
MR. GOODELL: ALL RIGHT. SO, I'M JUST SAYING THAT IF
YOU WANTED TO CONSIDER CHANGING THE BILL IN A WAY THAT THE GOVERNOR
MIGHT -- AND OTHERS MIGHT FIND MORE PALATABLE, YOU MIGHT WANT TO
INCLUDE IN YOUR LANGUAGE A DISTINCTION BETWEEN A MEDICAL OPINION AND
A DISABILITY DETERMINATION.
MR. HEVESI: YOU KNOW, IT'S INTERESTING, ANDY, SO,
IF -- IF THAT WAS IN THE VETO MESSAGE, I WOULD HAVE CONSIDERED AND WE
COULD HAVE A CONVERSATION ABOUT THAT, BUT THAT'S NOT WHAT I GOT BACK.
MR. GOODELL: I -- I DIDN'T WRITE THE VETO MESSAGE.
MR. HEVESI: GOOD, THEN WE CAN REMAIN FRIENDS.
(LAUGHTER)
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NYS ASSEMBLY JANUARY 29, 2020
MR. GOODELL: UNDER THE -- I WANTED TO JUST
REVIEW THE CURRENT PROCESS TO LOOK AT WHAT SAFEGUARDS ARE IN PLACE RIGHT
NOW. SO UNDER CURRENT LAW AND CURRENT REGULATIONS, IF AN INDIVIDUAL
WANTS TO APPLY FOR A DISABILITY DETERMINATION AND THEY SUBMIT AN
APPLICATION TO THE DEPARTMENT OF SOCIAL SERVICES ACCOMPANIED BY
WHATEVER MEDICAL RECORDS OR INFORMATION OR OPINIONS THEY DESIRE, THAT'S
THE FIRST STEP. IF THE DEPARTMENT AGREES, THEN THEY'RE GRANTED THE
DISABILITY DETERMINATION, RIGHT?
MR. HEVESI: MMHMM.
MR. GOODELL: IF THE DEPARTMENT DOESN'T AGREE,
THEN IT GOES TO A SECOND STEP. I JUST WANT TO MAKE SURE WE'RE ON THE
SAME WAVELENGTH. THE SECOND STEP IS IT'S REFERRED TO A MEDICAL
EXAMINER, YOU SAID HIRED BY THE LOCAL SOCIAL SERVICES DEPARTMENT, BUT
IT'S A MEDICAL EXAMINER APPROVED BY THE STATE, NOT THE LOCALS.
MR. HEVESI: YEAH, BUT ON THE PAYROLL OF THE DSS,
BUT, YES, YOU'RE RIGHT.
MR. GOODELL: AND SO IF THAT PHYSICIAN AGREES
WITH THE APPLICANT, THE DETERMINATION IS FINAL, THEY BECOME CLASSIFIED
AS DISABLED. IF THEY DON'T AGREE, THEN THEY CAN APPEAL, SO THERE'S A THIRD
STEP, AN ADMINISTRATIVE APPEAL.
MR. HEVESI: CAN I -- CAN I TOUCH ON THE STEPS
BEFORE YOU GO TO THE THIRD ONE?
MR. GOODELL: CERTAINLY.
MR. HEVESI: SO, YOU'RE RIGHT ABOUT THE FIRST STEP.
THE SECOND STEP, NUMEROUS COURT CASES, AND I CAN HAND THEM TO YOU
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NYS ASSEMBLY JANUARY 29, 2020
OFFLINE, HAVE INDICATED THAT THE DOCTORS THAT WE'RE REFERRING TO THAT ARE
HIRED BY THE SOCIAL SERVICES DISTRICTS THAT ARE VETTED BY OTDA HAVE
FELT PRESSURE TO OVERDIAGNOSE OR UNDERDIAGNOSE. THAT'S THE ISSUE WE'RE
TRYING TO GET AT. SO, THE SECOND STEP IS PROBLEMATIC. AND YOU'RE RIGHT,
THEY HAVE A RIGHT TO APPEAL THE DECISION AND I BELIEVE YOU'RE FOURTH STEP
WILL BE THEY GO TO A FAIR HEARING; AM I CORRECT?
MR. GOODELL: YES. SO THE FAIR HEARING, I WANTED
TO JUST --
MR. HEVESI: SURE.
MR. GOODELL: -- GET A SENSE OF WHETHER YOU
THOUGHT THE FAIR HEARING PROCESS WAS WORKING, BECAUSE IT LOOKS LIKE
THERE WERE ABOUT 42,000, 43,000 PEOPLE WHO ARE CLASSIFIED AS DISABLED
FOR WORK.
MR. HEVESI: RIGHT.
MR. GOODELL: THAT'S ON A MONTHLY AVERAGE. IT
LOOKS LIKE THERE WERE JUST UNDER 11,000 REQUESTS FOR HEARINGS.
MR. HEVESI: RIGHT.
MR. GOODELL: APPARENTLY, A LITTLE MORE THAN HALF
OF THEM WERE RESOLVED BECAUSE THERE WERE ONLY 4,900 HEARINGS HELD.
OF THOSE, THERE WERE ONLY 609 THAT WERE REVERSED. SO, I MEAN, IT SEEMS
LIKE A VERY SMALL -- IT SEEMS THE SYSTEM IS WORKING, BUT THE NUMBER THAT
WERE REVERSED AND AFFIRMED IS IT ABOUT THE SAME, BY THE WAY, ROUGHLY
600.
MR. HEVESI: SO -- SO YOU ARE RIGHT, YOUR NUMBERS
WOULD INDICATE THAT. BUT I'M GOING TO NEED YOUR HELP, ANDY, POST THIS
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NYS ASSEMBLY JANUARY 29, 2020
SESSION AND POST -- POST BUDGET. I BELIEVE THAT THE FAIR HEARING
PROCESS IN NEW YORK STATE IS A MESS AND I WOULD LIKE TO TELL YOU THAT
OUR SOCIAL SERVICES COMMITTEE, WHICH YOU ARE ON, WILL BE HOLDING A
HEARING ON FAIR HEARINGS, BECAUSE WE HAVE FOUND THAT THERE ARE
CIRCUMSTANCES WHICH SOMEBODY GOES TO GET THEIR DUE PROCESS RIGHTS,
HAS A FAIRING HEARING, THE JUDGE, THE ADMINISTRATIVE LAW JUDGE RULES IN
A CASE AND THEN THE AGENCIES DON'T COMPLY WITH THE RULING. WE'VE HAD
THAT AS A NUMBER OF CASES. ALSO, WE'VE HAD PEOPLE, PARTICULARLY WITH
DISABILITIES, WHO HAVE TROUBLE GETTING TO THESE HEARINGS. SO, THERE'S A
REAL PROBLEM WITH THE FAIR HEARING PROCESS AND I BELIEVE THE PEOPLE ARE
BEING DENIED THEIR RIGHTS. BUT, THAT'S NOT FOR THIS BILL, BUT I PROMISE YOU
POST-BUDGET, I WOULD LIKE TO WORK WITH YOU AND MY COLLEAGUES ON BOTH
SIDES OF THE AISLE TO ADDRESS THE FAIR HEARING PROCESS TO MAKE IT FAIR.
MR. GOODELL: AND I ASSUME THAT WE'LL HAVE A FAIR
PUBLIC HEARING ON THE FAIR HEARING PROCESS?
MR. HEVESI: YES, THIS IS A HEARING ABOUT FAIR
HEARINGS, THAT'S CORRECT.
MR. GOODELL: THANK YOU, MR. HEVESI, I
APPRECIATE YOUR COMMENTS.
MR. HEVESI: THANK YOU, SIR. I APPRECIATE IT.
MR. GOODELL: ON THE BILL, SIR.
(PAUSE)
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
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NYS ASSEMBLY JANUARY 29, 2020
MR. GOODELL: A FUNDAMENTAL OBLIGATION OF ALL OF
US IS TO MAKE SURE THE SYSTEM IS FAIR, BUT ALSO TO PROTECT THE TAXPAYERS.
SO, THE CURRENT SYSTEM IS A SYSTEM OF CHECKS AND BALANCES TO
ACCOMPLISH BOTH OBJECTIVES. IT'S FAIR TO TAXPAYERS, BECAUSE THE FINAL
DECISION AS TO WHETHER AN INDIVIDUAL IS DISABLED IS MADE BY THE
DEPARTMENT OF SOCIAL SERVICES. THEIR ROLE IS TWO-FOLD: ONE, TO MAKE
SURE THOSE WHO ARE TRULY DISABLED ARE PROPERLY CLASSIFIED AS DISABLED.
THAT'S ONE OF THEIR PRIMARY GOALS. AND THEIR SECOND GOAL IS TO
MINIMIZE WASTE, FRAUD AND ABUSE AND TO BLOCK THOSE WHO AREN'T TRULY
DISABLED. THEY HAVE BOTH ROLES. AND THE SYSTEM REFLECTS MULTIPLE
CHECKS AND BALANCES. SO, THEY'RE REQUIRED TO CONSIDER THE APPLICANT'S
MEDICAL INFORMATION. IF THEY QUESTION IT, THEY'RE REQUIRED TO HAVE AN
INDEPENDENT MEDICAL REVIEW BY AN INDIVIDUAL WHO IS NOT APPROVED JUST
BY THEM, BUT IS APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES HERE IN
ALBANY, OTDA. IF THE APPLICANT DISAGREES WITH THAT, THEY GO TO A THIRD
STEP WHICH IS A FAIR HEARING IN FRONT OF AN IMPARTIAL HEARING OFFICER.
AND IF THEY STILL DISAGREE, IT GOES TO A FOURTH STEP, WHICH IS A JUDICIAL
REVIEW. ALL FOUR STEPS, ALL FOUR STEPS DESIGNED TO PROTECT THE APPLICANT,
BUT ALSO TO PROTECT THE TAXPAYER.
BUT THIS BILL CHANGES THAT EQUATION. THIS BILL SAYS THE
APPLICANT'S HIRED EXPERT WILL MAKE A DETERMINATION ON WHETHER THE
APPLICANT IS ENTITLED TO BENEFITS FROM THE STATE, NOT THE STATE ITSELF.
AND WE'RE TOLD THAT THIS CHANGE IS CONSISTENT WITH FEDERAL REGULATIONS
OR FEDERAL APPROACH, BUT IN REALITY, THE FEDERAL LAW IS ABSOLUTELY CLEAR.
THE SOCIAL SECURITY ADMINISTRATION DISABILITY DIVISION, THEY ARE
53
NYS ASSEMBLY JANUARY 29, 2020
ABSOLUTELY CLEAR - THE APPLICANT'S EXPERT DOESN'T DETERMINE WHETHER
YOU'RE DISABLED FOR SOCIAL SECURITY, THE SOCIAL SECURITY ADMINISTRATION
DOES. AND THAT'S THE WAY THE SYSTEM SHOULD WORK.
ALL OF US, PARTICULARLY UPSTATE, ARE VERY, VERY MUCH
AWARE OF THE HUGE COST OF SOCIAL SERVICES AND THE FACT THAT IN MANY OF
OUR COUNTIES, SOCIAL SERVICES ACCOUNTS FOR 70, 80, 90 PERCENT OF OUR
ENTIRE TAX LEVY. SO, WE'RE VERY SENSITIVE ABOUT THE IMPACT ON
TAXPAYERS. WE WANT TO BE FAIR, BUT WE DON'T WANT TO BE FOOLISH. THE
CURRENT SYSTEM HAS MULTIPLE CHECKS AND BALANCES, AND WE CANNOT AND
SHOULD NOT PUT THE APPLICANT AND THEIR EXPERT IN CHARGE OF WHETHER THE
APPLICANT QUALIFIES FOR BENEFITS RATHER THAN AN INDEPENDENT EVALUATION
BY OUR OWN LOCAL EXPERTS. THANK YOU, MR. SPEAKER, AND THANK YOU,
MR. HEVESI, FOR YOUR COMMENTS.
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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
GO TO PAGE 60, WE'RE GOING TO TAKE UP THREE BILLS ALL IN -- IN A ROW.
54
NYS ASSEMBLY JANUARY 29, 2020
THEY'RE GOING TO BE CUSICK, CALENDAR NO. 347; STECK, CALENDAR NO.
348 AND LAVINE, CALENDAR NO. 349, IN THAT ORDER, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08996, CALENDAR NO.
347, CUSICK, LUPARDO, BLANKENBUSH, COLTON, WEPRIN, STERN, WALSH,
HUNTER, MOSLEY, BUTTENSCHON, OTIS, SANTABARBARA, REILLY, SEAWRIGHT,
FALL, PALMESANO. AN ACT TO AMEND THE TAX LAW AND THE LABOR LAW, IN
RELATION TO ESTABLISHING A SMALL BUSINESS TAX CREDIT FOR THE EMPLOYMENT
OF DISABLED PERSONS; 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.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09004, CALENDAR NO.
348, STECK, REYES, COLTON, SIMON, JAFFEE, DE LA ROSA, DESTEFANO,
CROUCH, MOSLEY, COOK, STERN, D'URSO, ENGLEBRIGHT, SANTABARBARA, M.
G. MILLER, BARRON, ZEBROWSKI, RIVERA, DICKENS, ROMEO, GOTTFRIED,
MONTESANO, MORINELLO, KOLB, WALSH, CRUZ, BUTTENSCHON, OTIS, WEPRIN,
L. ROSENTHAL, FRONTUS, SEAWRIGHT, GRIFFIN, FALL, NIOU, JACOBSON, M. L.
55
NYS ASSEMBLY JANUARY 29, 2020
MILLER, PALMESANO, EPSTEIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN
RELATION TO ESTABLISHING THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH
DISABILITIES.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. WALSH: I WANT TO COMMEND THE -- THE SPONSOR,
ASSEMBLYMAN STECK, FOR BRINGING THIS BILL FORWARD. THIS BILL WOULD
ESTABLISH THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES. AS
MANY OF YOU KNOW, ABOUT 25 YEARS AGO I WAS TOLD BY MY SON'S
PEDIATRICIAN THAT MY SON MIGHT HAVE A LITTLE AUTISM, AND I HAD
ABSOLUTELY NO IDEA WHAT THAT MEANT. IT REALLY JUST SPUN OUR FAMILY INTO
A LOT OF CONFUSION AND A NEED FOR KNOWLEDGE, AND REALLY NOT KNOWING
WHERE TO TURN. AND, I MEAN, I'M HAPPY TO REPORT THAT ALL THESE YEARS
LATER, MY SON'S MADE GREAT GAINS AND IS LIVING A VERY HAPPY LIFE, BUT I
ALSO THINK THAT, YOU KNOW, BOTH HIS FATHER AND I ARE PEOPLE WITH
EDUCATION AND MEANS. AND I THINK THAT, YOU KNOW, WE HAD A DISTINCT
ADVANTAGE IN UTILIZING THE RESOURCES THAT WERE OUT THERE AND TRYING TO
GET THE BEST RESULT FOR MY SON. EVEN AS I CAME TO THE ASSEMBLY A FEW
YEARS AGO, I CAME AND IT WAS ANOTHER WHIRLWIND, RIGHT? I DIDN'T KNOW,
YOU KNOW, HOW -- HOW TO -- HOW TO WORK WITHIN THIS SYSTEM AND I WAS
FINALLY ABLE TO REACH OUT AND FIND INDIVIDUALS AND COLLEAGUES AND
PEOPLE THAT WERE ABLE TO HELP ME AND TO GUIDE ME TO UNDERSTAND BETTER
HOW TO DO MY JOB.
IT'S THE SAME FOR INDIVIDUALS AND FAMILIES WHO ARE
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NYS ASSEMBLY JANUARY 29, 2020
DEALING WITH ALL KINDS OF DISABILITIES. THERE ARE ISSUES RELATED TO
HOUSING, EMPLOYMENT - WHICH HAS BEEN MENTIONED ALREADY TODAY -
EDUCATION, AGING, MENTAL HEALTH. IT COVERS SO MANY DIFFERENT AREAS AND
DISCIPLINES AND VERY OFTEN IN MY OFFICE, I'M FORTUNATE ENOUGH TO HAVE A
LOT OF PEOPLE WHO ARE GREAT EXPERTS IN ALL OF THESE FIELDS COME AND VISIT
ME WITH GREAT IDEAS FOR HELPING INDIVIDUALS WITH DISABILITIES, BUT THEY
DON'T NECESSARILY KNOW WHERE TO GO. THERE IS NO CLEARINGHOUSE FOR THAT
KIND OF INFORMATION. THEY DON'T KNOW HOW TO GET IT IN THE BUDGET.
THEY DON'T KNOW HOW TO GET LEGISLATION PASSED. THERE IS NO ONE THAT
I'M AWARE OF RIGHT NOW AT THE STATE LEVEL WHO IS TAKING A LOOK AT THE
OTHER 49 STATES IN THIS NATION AND SAYING WHAT ARE THEY DOING? WHAT --
WHAT CAN WE LIFT THAT'S BEEN POSITIVE AND HAS WORKED IN OTHER STATES AND
HOW CAN WE BEST HELP THE PEOPLE OF OUR STATE WHO ARE DEALING -- WHO
ARE EXHAUSTED, WHO ARE DEALING WITH A LOVED ONE WHO HAS DISABILITIES
THAT THEY WANT TO BE ABLE TO HELP.
SO, I THINK -- I -- ONE OF THE THINGS I BELIEVE IN
STRONGLY IS FOR SMALLER GOVERNMENT, NOT LARGER GOVERNMENT, SO IT SHOULD
BE REMARKABLE, MAYBE, TO YOU THAT I AM SO SUPPORTIVE OF THIS BILL
WHICH WOULD CREATE THIS OFFICE OF THE ADVOCATE FOR PEOPLE WITH
DISABILITIES. THIS POSITION WOULD BE AN ENTITY WITHIN THE NEW YORK
STATE DEPARTMENT OF STATE. IT WOULD ADVISE AND ASSIST ALL OTHER STATE
AGENCIES IN DEVELOPING POLICIES DESIGNED TO HELP MEET THE NEEDS OF
PERSONS WITH DISABILITIES. I REALLY RISE -- I AM PREACHING TO THE CHOIR
HERE. WHEN THIS BILL CAME UP LAST YEAR, WE WERE UNANIMOUS IN OUR
BODY; IT WAS VETOED BY OUR GOVERNOR. AND THE REASON FOR THE VETO, AS
57
NYS ASSEMBLY JANUARY 29, 2020
EXPRESSED, WAS THAT IT WAS BUDGETARY. SO, I -- I IMPLORE THE GOVERNOR,
PLEASE, I KNOW IT'S A DIFFICULT BUDGET YEAR, BUT THIS IS AN INVESTMENT THAT
WE, AS A STATE, NEED TO MAKE IN A GROWING POPULATION OF INDIVIDUALS
WITH DISABILITIES WHO, IF THEY RECEIVE TIMELY HELP AND RESOURCES AND
ASSISTANCE, THEY CAN MAKE GAINS. THEY WILL MAKE GAINS. BUT LET'S NOT
MAKE IT JUST THE PEOPLE WITH THE EDUCATION AND THE MEANS WHO ARE ABLE
TO GET THE BETTER RESULTS FOR THEIR KIDS. LET'S MAKE IT FOR EVERYBODY.
SO, I PROUDLY SUPPORT THIS LEGISLATION. I THANK THE
SPONSOR FOR BRINGING IT FORWARD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT --
ACTING SPEAKER AUBRY: HOLD ON ONE MINUTE.
MR. SAYEGH.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
I JUST WANTED TO ALSO COMMEND THE SPONSOR AND TO REALLY, AS WE WALK
THE HALLS OF THE LOB AND WE SEE THE MANY ORGANIZATIONS AND AGENCIES
THAT PROVIDE SOME SORT OF SERVICES FOR PEOPLE WITH DISABILITIES, IT REALLY
SHOULD ALWAYS REMIND US THAT INDIVIDUALS WITH DISABILITIES, MANY START
-- OR WE START RECOGNIZING THEIR DISABILITY THROUGH THE EDUCATIONAL
SYSTEM OR THROUGH THEIR PEDIATRICIANS EARLY ON. AND WE REALIZE, MOST
OF US THAT ARE INVOLVED IN EDUCATION, THAT RECOGNIZING THOSE NEEDS AND
PROVIDING SERVICES AT THE EARLIEST STAGES IS EXTREMELY BENEFICIAL,
WHETHER IT'S A RISE OF AUTISM AND OTHER RELATED DISABILITIES CHILDREN
HAVE, PHYSICAL, EMOTIONAL, SOMETIMES CHILDREN GO ON DOING POOR IN
58
NYS ASSEMBLY JANUARY 29, 2020
SCHOOL BECAUSE NOBODY RECOGNIZED THEY NEEDED GLASSES OR THEY NEEDED
A HEARING AID, THEY COULDN'T HEAR THE TEACHER, AND EXPANDING SPECIAL
EDUCATION AND EXPANDING SERVICES BEYOND THE PRE-K TO 12.
AND THE REALIZATION IS THAT NO MATTER HOW MUCH
SERVICES WE PROVIDE, SPECIAL ED CHILDREN IN PUBLIC EDUCATION AND OTHER
EDUCATIONAL SYSTEMS, WE SOMETIMES FAIL TO REALIZE WHEN THEY GRADUATE
FROM HIGH SCHOOL OR THEY LEAVE HIGH SCHOOL AND THEY ENTER CAREER PATHS
OR THEY -- THEY GO ON TO LIVE A LIFE THAT'S PRODUCTIVE AND MEANINGFUL AND
WORTHY, THAT NECESSARY SERVICES SOMETIMES ARE LACKING. AND -- AND
NOW I THINK WE'RE BEGINNING TO REALIZE THAT MANY ADULTS, TO LIVE A
FRUITFUL LIFE, NEED THESE CONTINUING SERVICES THROUGHOUT THEIR LIVES.
AND A LOT OF THE LEGISLATION AND THE BILLS THAT WE'VE BEEN LOOKING AT,
WE'VE BEEN PASSING, TRULY FOCUSES ON MANY INITIATIVES THAT MAKE THE
QUALITY OF LIFE MORE FRUITFUL FOR PEOPLE WITH DISABILITIES.
SO, I URGE MY COLLEAGUES TO CONTINUE TO REALIZE IT'S A
LIFETIME COMMITMENT FOR THOSE INDIVIDUALS, AND THEY LOOK FORWARD TO
LEGISLATION AND THEY LOOK FORWARD TO OUR SUPPORT TO MAKE SURE THAT THEY
CAN LIVE THEIR LIFE AS NORMAL AS POSSIBLE. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST,
2021.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JANUARY 29, 2020
MR. STECK TO EXPLAIN HIS VOTE.
MR. PHILLIP STECK.
MR. STECK: I THANK MY COLLEAGUES FOR THEIR VERY
KIND AND ELOQUENT REMARKS AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. PHILLIP STECK IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09005, CALENDAR NO.
349, LAVINE, LIFTON, ROMEO, OTIS, BUTTENSCHON, SANTABARBARA,
SEAWRIGHT, WEPRIN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
PROVIDING A TAX CREDIT FOR UNIVERSAL VISITABILITY; 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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE
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NYS ASSEMBLY JANUARY 29, 2020
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE NUMEROUS
FINE RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 730-732
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
CALL ON MR. OTIS FOR AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. OTIS FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MR. OTIS: GOOD AFTERNOON. THERE WILL BE AN
IMMEDIATE MEETING OF THE DEMOCRATIC CONFERENCE IN THE SPEAKER'S
CONFERENCE ROOM UPON THE CONCLUSION OF SESSION.
ACTING SPEAKER AUBRY: DEMOCRATIC
CONFERENCE, SPEAKER'S CONFERENCE ROOM AT THE END OF SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, JANUARY THE 30TH, TOMORROW
BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00 P.M., FEBRUARY
THE 3RD, MONDAY BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 12:55 P.M., THE ASSEMBLY STOOD
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NYS ASSEMBLY JANUARY 29, 2020
ADJOURNED UNTIL THURSDAY, JANUARY 30TH, THURSDAY BEING A LEGISLATIVE
DAY, AND TO RECONVENE ON MONDAY, FEBRUARY 3RD AT 2:00 P.M., MONDAY
BEING A SESSION DAY.)
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