WEDNESDAY, FEBRUARY 12, 2020                                                                 11:47 A.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 TUESDAY, FEBRUARY 11TH.

                                 MRS. PEOPLES-STOKES.

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

                                          1



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, FEBRUARY

                    11TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION,

                    SO ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF I CAN HAVE COLLEAGUES AND GUESTS IN THE CHAMBER'S

                    ATTENTION JUST FOR ONE SECOND.  I WANT TO SHARE A QUOTE WHO IS FROM

                    NONE OTHER THAN MATILDA [SIC] HILDA THATCHER, WHO WAS A BRITISH

                    STATESWOMAN AND SERVED AS PRIME MINISTER OF THE UNITED KINGDOM

                    FROM 1979 TO 1990.  MR. SPEAKER, MRS. THATCHER WAS BORN IN 1925, THE

                    EXACT SAME YEAR AS MY MOM, AND SHE LEFT US IN 2013.  THESE ARE HER

                    WORDS:  "WHERE THERE IS DISCORD, MAY WE BRING HARMONY.  WHERE THERE

                    IS ERROR, MAY WE BRING TRUTH.  WHERE THERE IS DOUBT, MAY WE BRING FAITH.

                    AND WHERE THERE IS DESPAIR, MAY WE BRING HOPE."

                                 WITH THAT, MR. SPEAKER, I WOULD ADVISE MEMBERS THAT

                    THEY HAVE ON THEIR DESKS A MAIN CALENDAR AND A DEBATE LIST.  AND AFTER

                    THERE ARE ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL CONTINUE OUR

                    CONSENT WHERE WE LEFT OFF ON YESTERDAY WITH CALENDAR NO. 289 WHICH

                    IS ON PAGE 47.  AND WE WILL ALSO WORK FOR -- FROM THE DEBATE LIST.

                    THERE IS A NEED FOR A MAJORITY CONFERENCE IMMEDIATELY FOLLOWING THE

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

                    OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO DETERMINE THEIR NEEDS.

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

                    INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

                                          2



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 ACTING SPEAKER AUBRY:  A FEW PIECES OF

                    HOUSEKEEPING.

                                 ON A MOTION BY MS. ROZIC, PAGE 38, CALENDAR NO.

                    218, BILL NO. A.5661, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. WOERNER, PAGE 50, CALENDAR NO.

                    308, BILL NO. A.8078-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 FOR THE PURPOSES OF AN INTRODUCTION, MR. TAGUE.

                                 MR. TAGUE:  THANK YOU, MR. SPEAKER.  PRESERVING

                    THE PAST GIVES US A WINDOW INTO A WORLD WE CAN ONLY IMAGINE, AND WE

                    ARE FORTUNATE TO HAVE IT IN OUR OWN BACKYARD.  THIS MONUMENTAL

                    DISCOVERY OF A 385 MILLION-YEAR-OLD PREHISTORIC FOREST IS A TREASURE

                    TROVE OF BOTH VALUABLE SCIENTIFIC DATA AND A GREAT TOURIST DRAW TO OUR

                    AREA.  THE CATSKILL DELTA FOREST IS A ONCE-IN-A-LIFETIME FIND.  THESE FINE

                    FOLKS THAT ARE HERE WITH ME TODAY ARE WORKING TO ENSURE THAT WE

                    PRESERVE IT FOR STUDY AND FOR THE AWE OF FUTURE GENERATIONS.

                                 LATER TODAY, I HOPE THAT EACH AND EVERY ONE OF YOU

                    WILL JOIN ME IN PASSING A RESOLUTION RECOGNIZING THIS 385-YEAR-OLD [SIC]

                    PREHISTORIC FOREST.  MR. SPEAKER, I ASK YOU AND MY COLLEAGUES TO PLEASE

                    JOIN ME IN WELCOMING MR. JOHN COYNE, SUPERVISOR OF THE TOWN OF

                    CAIRO IN GREENE COUNTY, AND MR. PAT LINGER, GREENE COUNTY

                    LEGISLATIVE CHAIR.

                                 MR. SPEAKER, PLEASE EXTEND ALL THE PRIVILEGES AND

                    CORDIALITIES OF THE PEOPLE'S HOUSE TO OUR FINE GUESTS.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. TAGUE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

                                          3



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE

                    FLOOR, COMMEND YOU ON THE PUBLIC SERVICE THAT YOU ARE PROVIDING TO

                    YOUR COMMUNITIES, AND ESPECIALLY FOR THE WORK THAT YOU'RE DOING TO

                    PRESERVE THIS HISTORIC --

                                 (PAUSE)

                                 -- RIGHT.  THANK YOU, THAT'S WHAT I MEANT.  THANK YOU.

                                 (APPLAUSE)

                                 MR. SCHMITT.

                                 MR. SCHMITT:  MR. SPEAKER, THANK YOU FOR

                    ALLOWING ME TO INTERRUPT TODAY'S PROCEEDINGS TO MAKE AN INTRODUCTION

                    FROM THE WONDERFUL 99TH ASSEMBLY DISTRICT.  I'M PROUD TO HAVE RETIRED

                    EMT CAPTAIN MARTY BYRNES AND HER FAMILY HERE.  YOU GUYS WANT TO

                    STAND UP?  A WONDERFUL FAMILY FROM THE TOWN OF HIGHLANDS IN ORANGE

                    COUNTY.  CAPTAIN RETIRED THIS YEAR AFTER 20 YEARS OF SERVICE.  SHE'S

                    JOINED BY HUSBAND, CHRIS; HER CHILDREN, AARON FALK, WHO IS ALSO A

                    MEMBER OF THE AMBULANCE CORPS, AS WELL AS HIS WIFE, STACY; RYAN,

                    WHO IS THE ASSISTANT CHIEF FOR FORT MONTGOMERY FIRE DEPARTMENT; AND

                    WE ALSO HAVE NANCY AND SEVERAL GRANDCHILDREN, MARTY'S GRANDCHILDREN

                    ARE HERE.  MARTY RETIRED JANUARY 10TH OF THIS YEAR AFTER 20 YEARS AS A

                    VOLUNTEER MEMBER.  SHE IS A LIFE MEMBER.  SHE'S RESPONDED WITH GREAT

                    PASSION, SKILL, COMMITMENT TO OVER 2,600 CALLS IN HER NEARLY -- IN HER

                    OVER TWO-DECADE TENURE AS AN EMT.  A TRUE PUBLIC SERVANT AND HERO.

                    SHE WAS RESPONSIBLE FOR OVER TWO DECADES FOR ORGANIZING THE TOWN OF

                    HIGHLANDS FALL FOLIAGE FESTIVAL, WHICH IS THE MAIN FUNDRAISER AND

                    TOURIST ACTIVITY IN THE TOWN DURING THE FALL.  SHE HAS NUMEROUS AWARDS

                                          4



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    AND ACCOLADES OVER HER TWO DECADES OF SERVICE, INCLUDING BEING THE

                    2009 ORANGE COUNTY EMT OF THE YEAR, THE 2009 REGIONAL EMERGENCY

                    MEDICAL SERVICES COUNCIL BLS PROVIDER OF THE YEAR, WHICH COVERS

                    EIGHT COUNTIES, AND THE 2009 NEW YORK STATE VOLUNTEER AMBULANCE

                    AND RESCUE ASSOCIATION MERITORIOUS SERVICE AWARD.  MARTY TRULY IS

                    THE ICON IN THE COMMUNITY.  SHE HAS SAVED LIVES.  SHE HAS MADE IT

                    EASIER FOR FAMILIES TO DEAL WITH TRAGEDY.  AND ANYONE WHO KNOWS HER,

                    ANYONE KNOWS OF HER WORK, THINKS OF HER SERVICE AND HER FAMILY'S

                    SERVICE WITH PRIDE.  AND OBVIOUSLY THEY'RE SAD TO SEE HER GO, BUT HER

                    LEGACY WILL LIVE ON FOR GENERATIONS NOT ONLY IN THE EMERGENCY SERVICES

                    COMMUNITY IN MY DISTRICT, BUT FOR ALL THE LIVES THAT SHE'S TOUCHED.

                                 I ASK THAT YOU WELCOME HER AND HER FAMILY TO THE FLOOR

                    AND GIVE HER ALL THE CORDIALITIES OF THIS HOUSE FOR HER DEDICATION.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

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

                    EXTRAORDINARY LADY HERE TO THE NEW YORK STATE ASSEMBLY.  WE ALSO

                    WELCOME THE FAMILY THAT SUPPORTS YOU, AND CLEARLY, THAT MUST BE

                    IMPORTANT.  WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  WE HOPE THAT

                    YOUR WORK WILL CONTINUE ON INTO THE FUTURE, BUT THAT YOU WILL ENJOY A

                    WELL-DESERVED REST.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MS. SEAWRIGHT FOR THE PURPOSES OF AN INTRODUCTION.

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

                    ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSE OF AN

                    INTRODUCTION.  TODAY WE HAVE THE WOMEN [SIC] BUILDERS COUNCIL WITH

                                          5



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    US IN ALBANY.  I'D LIKE TO RECOGNIZE THIS ORGANIZATION.  IT WORKS TO

                    PROMOTE WOMEN BUSINESS IN A MALE-DOMINATED FIELD.  THE WOMEN

                    [SIC] BUILDERS COUNCIL IS THE LEADING ASSOCIATION REPRESENTING WOMEN

                    IN THE CONSTRUCTION INDUSTRY ON SEVERAL IMPORTANT FRONTS:  LEGISLATIVE

                    ADVOCACY, NEW BUSINESS DEVELOPMENT AND PROFESSIONAL DEVELOPMENT

                    WITH A SPECIAL FOCUS ON LEADERSHIP.  WITH US TODAY WE HAVE MY DEAR

                    FRIEND, SANDRA WILKIN, THE CO-FOUNDER OF THE WOMEN'S BUSINESS [SIC]

                    COUNCIL AND THE PRESIDENT AND FOUNDER OF BRADFORD CONSTRUCTION;

                    RENEE SACKS, EXECUTIVE DIRECTOR OF THE WOMEN'S BUSINESS [SIC]

                    COUNCIL; KRISTA GOBINS-WILSON, SENIOR VICE PRESIDENT OF THE COUNCIL;

                    AND THE WOMEN [SIC] BUILDERS COUNCIL MEMBERS, PENDA AIKEN,

                    PRESIDENT OF PENDA AIKEN, INC.; CHRISTINE BOCCIA, EXECUTIVE MANAGER

                    OF JD TRADITIONAL; STEPHANIE BURNS, VICE PRESIDENT OF COMMUNITY AND

                    CITIZENSHIP OF TURNER CONSTRUCTION COMPANY; LORRAINE D'ANGELO,

                    PRESIDENT OF LDA COMPLIANCE CONSULTING; EILEEN DELLA VOLLE, VICE

                    PRESIDENT OF BUSINESS DEVELOPMENT AT KS ENGINEERS; FELICE FARBER,

                    SENIOR DIRECTOR, POLICY AND EXTERNAL AFFAIRS AT THE GENERAL

                    CONTRACTORS ASSOCIATION OF NEW YORK; GLORIA KEMPER, PRESIDENT OF

                    RECON CONSTRUCTION; MALA POPLI, VICE PRESIDENT OF POPLI DESIGN

                    GROUP; LORYN RIGGIOLA, A PARTNER AT ZETLIN AND DE CHIARA, LLP; AND

                    ELIZABETH WEISS, PRESIDENT OF AJ MCNULTY AND COMPANY, INC.

                                 MR. SPEAKER, I ASK THAT YOU EXTEND TO THEM THE

                    CORDIALITIES OF THE HOUSE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. SEAWRIGHT, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

                                          6



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    EXTRAORDINARY BUSINESSWOMEN HERE TO THE NEW YORK STATE ASSEMBLY.

                    WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  WE THANK YOU FOR THE

                    WORK THAT YOU'RE DOING TO CREATE A NEW SOCIETY, AND NOT ONLY TO BUILD

                    ONE FOR WOMEN OF ALL KINDS IN THIS STATE, BUT ALSO TO BREAK DOWN THE

                    BARRIERS THAT WE KNOW YOU HAVE FACED.  CONTINUE THAT GREAT WORK.  WE

                    WISH YOU SUCCESS IN THE FUTURE.  THANK YOU SO MUCH.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES FOR AN INTRODUCTION.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR AN OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO INTRODUCE

                    TO SOME AND PRESENT TO OTHERS THE COUNTY EXECUTIVE, THE COUNTY OF

                    ERIE.  SO ON BEHALF OF MYSELF, MEMBER MCMAHON, MEMBER

                    SCHIMMINGER, MEMBER RYAN, MEMBER WALLACE AND MEMBER BURKE, IF

                    YOU COULD PLEASE WELCOME MARK POLONCARZ TO OUR CHAMBERS AND GIVE

                    HIM THE CORDIALITIES OF THE FLOOR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF ASSEMBLYMEMBER PEOPLES, THE ENTIRE ERIE DELEGATION, SIR, WE

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

                    PRIVILEGES OF THE FLOOR.  CERTAINLY, OUR CONGRATULATIONS ON THE WORK THAT

                    YOU'RE DOING IN ERIE COUNTY.  WE WISH YOU MUCH SUCCESS IN THAT, AND

                    ALWAYS KNOW THAT YOU ARE WELCOME HERE IN THE PEOPLE'S HOUSE.  THANK

                    YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. CAHILL FOR THE PURPOSES OF AN INTRODUCTION.

                                 MR. CAHILL:  THANK YOU, MR. SPEAKER.  IT IS MY

                                          7



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    GREAT HONOR AND PRIVILEGE TODAY TO INTRODUCE, ONCE AGAIN, TO THE

                    MEMBERS OF THIS BODY A FORMER MEMBER OF THIS BODY.  SOMEONE WHO

                    OVER TWO MILLION NEW YORKERS THOUGHT SHOULD LEAD THE STATE.

                    SOMEONE WHO GOT THE MAJORITY VOTE IN OVER 40 COUNTIES IN NEW YORK

                    STATE TO LEAD THIS STATE, AND WHO IS MANY PEOPLE'S SECOND-FAVORITE

                    ASSEMBLYMAN FROM THE DISTRICT WE HAVE BOTH REPRESENTED.  I DO KNOW

                    THAT HE CAME IN SECOND A COUPLE OF TIMES, BUT I ALSO KNOW THAT WHEN IT

                    COMES TO THIS HOUSE, HE GETS 100 PERCENT OF THE VOTE AND HE COMES IN

                    FIRST.  AND I WOULD ASK YOU TO WELCOME FORMER MEMBER MARCUS

                    MOLINARO, COUNTY EXECUTIVE OF DUTCHESS COUNTY.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. CAHILL, THE SPEAKER AND ALL THE MEMBERS, MARCUS, WELCOME

                    BACK.  YOU ARE A FORMER MEMBER, YOU ARE ALWAYS WELCOME HERE,

                    ALWAYS HAVE THE PRIVILEGES OF THE FLOOR.  AND IT'S ALWAYS GOOD TO SEE

                    YOU NO MATTER WHAT MR. CAHILL SAYS.

                                 (LAUGHTER)

                                 THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 RESOLUTIONS ON PAGE 3.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 761, MR.

                    FALL.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM FEBRUARY, 2020, AS AFRICAN DIASPORA MONTH IN THE

                    STATE OF NEW YORK.

                                          8



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.

                                 MRS. PEOPLES-STOKES.

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

                    START ON PAGE 47 WITH CALENDAR NO. 289 BY MR. ZEBROWSKI.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07796, CALENDAR NO.

                    289, ZEBROWSKI, WEPRIN.  AN ACT TO AMEND THE BANKING LAW, IN

                    RELATION TO THE DEFINITION OF "SERVICING" BY STUDENT LOAN SERVICERS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT OCTOBER 9,

                    2020.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, THIS IS OUR

                    FIRST VOTE OF THE THIRD DAY OF THE SIXTH WEEK OF THE 243RD LEGISLATIVE

                    SESSION.  MEMBERS IN AND AROUND THE CHAMBERS, PLEASE VOTE.  FIRST

                    VOTE OF THE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.  PLEASE COME TO THE CHAMBER AND VOTE.  IF YOU'RE IN YOUR

                    SEATS, PLEASE VOTE NOW.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                          9



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (PAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07815-B, CALENDAR

                    NO. 290, HEVESI, JAFFEE, EPSTEIN, AUBRY, LIFTON, REYES, ROZIC, ORTIZ,

                    WILLIAMS, CRESPO, SIMON, DE LA ROSA, PRETLOW, MOSLEY, ARROYO,

                    COLTON, GOTTFRIED, SIMOTAS, FRONTUS, DICKENS, BARRON, BLAKE,

                    JEAN-PIERRE, FAHY, SAYEGH, L. ROSENTHAL, FERNANDEZ, GLICK, PICHARDO,

                    PAULIN.  AN ACT TO AMEND THE SOCIAL SERVICES LAW, THE EXECUTIVE LAW

                    AND THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING FOR SUPPORTS AND

                    SERVICES FOR UNACCOMPANIED MINORS WITH NO LAWFUL IMMIGRATION STATUS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07821, CALENDAR NO.

                    291, ZEBROWSKI, JAFFEE.  AN ACT AUTHORIZING THE COMMISSIONER OF

                    GENERAL SERVICES TO TRANSFER AND CONVEY CERTAIN UNAPPROPRIATED STATE

                    LAND TO ROCKLAND RECOVERY HOMES, INC.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07901, CALENDAR NO.

                    292, CAHILL.  AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO USING

                    DRIVING HISTORY AS A RATING OR UNDERWRITING FACTOR FOR PRIVATE PASSENGER

                    MOTOR VEHICLE INSURANCE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07915-A, CALENDAR

                    NO. 293, MAGNARELLI, D'URSO, PALMESANO.  AN ACT TO AMEND THE PUBLIC

                                         10



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    HEALTH LAW AND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

                    ALLOWING DONATE LIFE REGISTRATION WHEN APPLYING FOR OR RENEWING A

                    HUNTING, FISHING OR TRAPPING LICENSE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN ONE YEAR.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07919, CALENDAR NO.

                    294, LIPETRI.  AN ACT IN RELATION TO AUTHORIZING THE GOOD SAMARITAN

                    HOSPITAL MEDICAL CENTER TO FILE AN APPLICATION FOR A REAL PROPERTY TAX

                    EXEMPTION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07933, CALENDAR NO.

                    296, O'DONNELL, ABINANTI, ENGLEBRIGHT, OTIS, LIFTON, GALEF, GLICK,

                    WEPRIN, EPSTEIN, STECK, GOTTFRIED, REYES, ORTIZ, D'URSO, GRIFFIN,

                    JACOBSON, COLTON, CARROLL, SEAWRIGHT, BRAUNSTEIN.  AN ACT TO AMEND

                    THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING THE USE

                    OF DRILLING FLUIDS, BRINE, AND FLOWBACK WATER FROM WELLS, POOLS OR FIELDS

                    ON ANY HIGHWAY.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07936-A, CALENDAR

                                         11



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    NO. 297, ARROYO, BLAKE, REYES, M.G. MILLER, D'URSO, GOTTFRIED,

                    RIVERA, CRUZ, GLICK.  AN ACT TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO PROHIBITING STATE CONTRACTS WITH VENDORS THAT FORBID

                    EMPLOYEES FROM LITIGATING DISCRIMINATION OF HARASSMENT CLAIMS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. 298 -- I'M SORRY,


                    ASSEMBLY NO. A07937, CALENDAR NO. 298, WALKER, BLAKE.  AN ACT TO

                    AMEND THE CORRECTION LAW, IN RELATION TO THE DEFINITION OF "DIRECT

                    RELATIONSHIP" FOR THE PURPOSES OF ARTICLE 23-A OF THE CORRECTION LAW

                    REGARDING THE LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY

                    CONVICTED OF ONE OR MORE CRIMINAL OFFENSES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07959-A, CALENDAR

                    NO. 299, DARLING.  AN ACT TO AMEND THE FAMILY COURT ACT, IN RELATION

                    TO EXECUTION OF WARRANTS IN JUVENILE DELINQUENCY CASES WHEN FAMILY

                    COURTS ARE CLOSED.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         12



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020


                                 THE CLERK:  ASSEMBLY NO. A07970, CALENDAR NO.

                    300, FRONTUS, BUCHWALD.  AN ACT TO AMEND THE FAMILY COURT ACT, IN

                    RELATION TO VIDEO RECORDING OF INTERROGATIONS OF JUVENILES IN JUVENILE

                    DELINQUENCY PROCEEDINGS IN FAMILY COURT.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07981-A, CALENDAR

                    NO. 301, WALKER.  AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO ISSUANCE OF APPEARANCE TICKETS TO ADOLESCENT OFFENDERS

                    PENDING APPEARANCES BEFORE YOUTH PARTS OF SUPERIOR COURTS OF CRIMINAL

                    JURISDICTION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07982, CALENDAR NO.

                    302, TAYLOR.  AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION

                    TO NOTIFICATION TO, AND ENGAGEMENT OF, PARENTS IN PROCEEDINGS INVOLVING

                    16- AND 17-YEAR-OLD DEFENDANTS IN YOUTH PARTS IN SUPERIOR COURTS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08021, CALENDAR NO.

                    303, JAFFEE.  AN ACT TO AMEND THE FAMILY COURT ACT, IN RELATION TO

                    SEALING AND EXPUNGEMENT OF RECORDS IN PERSONS IN NEED OF SUPERVISION

                    CASES IN THE FAMILY COURT.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08023, CALENDAR NO.

                    304, WILLIAMS.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

                    DOMESTIC VIOLENCE-RELATED ACTIVITY OF THE NEW YORK STATE OFFICE FOR

                    THE PREVENTION OF DOMESTIC VIOLENCE AND ADDING A MEMBER TO THE

                                         13



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    ADVISORY COUNCIL; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING

                    THERETO.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08025, CALENDAR NO.

                    305, BUTTENSCHON.  AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL

                    LAW, IN RELATION TO TEMPORARY MANUFACTURING PERMITS; AND TO REPEAL

                    CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08061, CALENDAR NO.

                    306, WILLIAMS.  AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO

                    REQUIRING STATE CONTRACTORS SUBMIT A STATEMENT ON HUMAN TRAFFICKING.

                                 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.

                                         14



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08070-B, CALENDAR

                    NO. 307, REYES, ORTIZ, BLAKE, RIVERA, DE LA ROSA, COLTON, FERNANDEZ,

                    GOTTFRIED, MCDONOUGH, GLICK, RICHARDSON, ROZIC, D'URSO, FALL,

                    GRIFFIN, CRUZ, HEVESI.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION

                    TO ENACTING THE "HATE CRIMES ANALYSIS AND REVIEW ACT."

                                 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:  THANK YOU, MR.

                    SPEAKER.  IF WE COULD CONTINUE OUR WORK NOW ON PAGE 41, CALENDAR

                    NO. 232 BY MR. MOSLEY, AND IT IS ON DEBATE.  SO, MEMBERS CAN PREPARE

                    THEMSELVES TO HAVE A SEAT.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  PLEASE

                    SETTLE DOWN.  MEMBERS, STAFF.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06163, CALENDAR NO.

                                         15



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    232, MOSLEY, GALEF, GRIFFIN, REYES, BUCHWALD, DINOWITZ, ZEBROWSKI,

                    COOK, GOTTFRIED, JAFFEE.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

                    IN RELATION TO MANDATORY SEAT BELT USE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. MOSLEY.

                                 MR. MOSLEY:  THANK YOU, MR. SPEAKER.  THIS BILL

                    WOULD AMEND THE VEHICLE AND TRAFFIC LAWS THAT REQUIRE THE USE OF SEAT

                    BELTS BY ALL PASSENGERS 16 YEARS OR OLDER RIDING IN ANY SEATING POSITION

                    IN A MOTOR VEHICLE.  CURRENTLY, OUR LAWS ONLY APPLY TO THOSE WHO ARE 16

                    -- WELL, LESS THAN 16 YEARS OF AGE, BUT THIS WOULD NOW REQUIRE THAT ALL

                    PASSENGERS 16 YEARS AND OLDER AND UNDER TO BE IN A SEAT BELT -- IN A

                    SEATED POSITION WHETHER IN THE FRONT SEAT OR BACK SEAT, TO BE IN A SEAT

                    BELT.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. MOSLEY, WILL YOU

                    YIELD?

                                 MR. MOSLEY:  YES.

                                 ACTING SPEAKER AUBRY:  MR. MOSLEY YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. MOSLEY.  I THINK

                    YOU MENTIONED THIS.  CURRENTLY, IF YOU'RE 16 YEARS OR OVER AND YOU'RE IN

                    THE FRONT OF A CAR, YOU HAVE TO WEAR A SEAT BELT, CORRECT?

                                 MR. MOSLEY:  CORRECT.

                                 MR. GOODELL:  ACTUALLY, IF YOU'RE AGE 8 OR OVER

                                         16



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    YOU HAVE TO WEAR A SEAT BELT REGARDLESS WHERE YOU ARE, CORRECT?

                                 MR. MOSLEY:  CORRECT.

                                 MR. GOODELL:  AS YOU ARE AWARE, THERE ARE SOME

                    VEHICLES THAT ARE COMPLETELY EXEMPT FROM EVEN A REQUIREMENT FOR A

                    SEAT, SUCH AS A FARM VEHICLE.

                                 MR. MOSLEY:  CORRECT.

                                 MR. GOODELL:  DOES THIS EXEMPT FARM VEHICLES

                    FROM THE REQUIREMENT FOR A SEAT BELT?

                                 MR. MOSLEY:  YES, IT DOES.

                                 MR. GOODELL:  AND HOW -- WHERE IN THE LANGUAGE

                    DOES IT EXEMPT FARM VEHICLES FROM THE REQUIREMENT FOR A SEAT BELT?

                                 MR. MOSLEY:  WELL, I THINK THE ONLY TIME YOU'RE

                    REQUIRED TO HAVE A SEAT BELT IS WHEN THERE IS A SEAT WITH A BELT.

                                 MR. GOODELL:  BUT THIS SAYS NO PERSON SHALL BE A

                    PASSENGER, CORRECT?

                                 MR. MOSLEY:  CORRECT.

                                 MR. GOODELL:  IS THERE ANY REFERENCE TO SECTION

                    1222 THAT RELATES TO AGRICULTURAL VEHICLES?

                                 MR. MOSLEY:  NO, BUT WHAT I'VE BEEN ABLE TO

                    RESEARCH IS THAT THOSE INDIVIDUALS WHO ARE PRIMARILY ON PRIVATE

                    PROPERTIES WHICH ARE NOT ACCESSIBLE TO THE PUBLIC, THIS -- THIS VEHICLE

                    AND TRAFFIC LAW WOULD NOT APPLY TO THEM.

                                 MR. GOODELL:  ONE OTHER QUESTION.  WHO GETS A

                    TICKET?  IT'S THE PASSENGER THAT GETS A TICKET?

                                 MR. MOSLEY:  WELL, IF YOU'RE UNDER 16 AND YOU

                                         17



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    CANNOT LAWFULLY DRIVE, YOU -- YOU WILL NOT BE -- THE DRIVER WILL GET THE

                    TICKET.  IF YOU'RE 16 AND OLDER AND TECHNICALLY YOU'RE LAWFULLY IN A

                    POSITION TO BE ABLE TO DRIVE IN NEW YORK -- IN NEW YORK STATE, YOU

                    WILL GET THE -- THAT 16-YEAR-OLD WILL GET THE TICKET OR CITATION.

                                 MR. GOODELL:  AND THAT WOULD THEN BE CREATED

                    UNDER THE RAISE THE AGE LEGISLATION THAT WE PASSED A FEW YEARS AGO?

                                 MR. MOSLEY:  NO.

                                 MR. GOODELL:  SO, WHERE WOULD --

                                 MR. MOSLEY:  IT'S JUST A CITATION.

                                 MR. GOODELL:  I SEE.  THANK YOU, MR. MOSLEY.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  WHILE IT MAY NOT BE COMMON IN

                    NEW YORK CITY, IN UPSTATE AGRICULTURAL AREAS IT IS FAIRLY COMMON

                    PRACTICE FOR THOSE WORKING ON A FARM WHERE THEY GO BETWEEN FIELDS, TO

                    RIDE IN THE BACK OF A PICKUP TRUCK.  AND IF YOU ARE REPAIRING FENCE

                    LINES, FOR EXAMPLE, OR DOING OTHER WORK, YOU PUT YOUR TOOLS IN THE BACK

                    OF THE PICKUP TRUCK, EVERYONE PILES IN.  THAT IS EXPRESSLY RECOGNIZED

                    AND ACKNOWLEDGED UNDER THE VEHICLE AND TRAFFIC LAW AS LONG AS THE

                    DISTANCE IS FIVE MILES OR LESS.  UNFORTUNATELY, THIS BILL DOES NOT BY ITS

                    TERMS EXCLUDE THE PROVISIONS OF SECTION 1222.  AND SO -- WELL, I MEAN

                    IT WOULD CREATE A REAL INCONVENIENCE FOR ALL OF OUR FARMERS WHO

                    HISTORICALLY AND TRADITIONALLY HAVE, FOR VERY PRACTICAL REASONS, RIDDEN IN

                    THE BACK OF A PICKUP TRUCK FOR SHORT DISTANCES IN ORDER TO ACCOMPLISH

                                         18



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    AGRICULTURAL WORK.  THE SOLUTION IS VERY SIMPLE, AND THE SOLUTION IS TO

                    SIMPLY ADD AN EXCLUSION UNDER THIS LANGUAGE.  THAT HASN'T BEEN DONE,

                    AND FOR THAT REASON I AND ALL OTHERS WHO WANT TO HELP OUR FARMERS

                    CONTINUE TO OPERATE EFFICIENTLY WILL HAVE PROBLEMS WITH THIS

                    AMENDMENT.  I DO COMMEND THE SPONSOR FOR HIS CONCERN OVER SAFETY,

                    AND -- AND I APPRECIATE THAT, AND I HOPE THAT WE CAN IN THE FUTURE

                    ACCOMMODATE BOTH DESIRES.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT NOVEMBER

                    1ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. MOSLEY TO EXPLAIN HIS VOTE.

                                 (PAUSE)

                                 WE WILL RESCIND THE ROLL CALL.  MR. MANKTELOW ON --

                    HAS QUESTIONS ON THE BILL.

                                 MR. MANKTELOW:  YES, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    MOSLEY?

                                 MR. MOSLEY:  YES, I WILL.

                                 MR. MANKTELOW:  THANK YOU.  JUST --  JUST A

                    COUPLE QUESTIONS BACK TO THE FARM PART OF IT.

                                         19



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 MR. MOSLEY:  RIGHT.

                                 MR. MANKTELOW:  SO, FARM MACHINERY

                    NOWADAYS, IN A LOT OF THE MACHINERY THEY HAVE BUDDY SEATS NEXT TO THE

                    SEAT IN THE TRACTOR OR IN THE SPARE OR IN THE COMBINE.  SO IN THAT

                    SITUATION, WHEN WE'RE GOING DOWN THE ROAD, HOW DO WE HANDLE THAT PART

                    OF IT?

                                 MR. MOSLEY:  IF -- IF IN THE MANUFACTURING OF THE

                    VEHICLE, IF THERE IS A REQUIRED SEAT BELT UPON PURCHASE, THEN IT IS TO BE --

                    IT -- IT HAS TO BE USED.  NOW, IF THERE ISN'T AND IF THERE'S A BUDDY SEAT,

                    OBVIOUSLY, THAT'S ANOTHER SITUATION IN TERMS OF JUST THE MERE PRACTICALITY

                    OF WHY WOULD YOU WANT TO BE ON THE ROAD WITHOUT A SEAT BELT, IN A

                    BUDDY SEAT.  BUT IF IT'S MANUFACTURED WITH A SEAT BELT, IT'S GOING TO BE

                    REQUIRED TO BE USED.  IF THERE IS NONE, THEN OBVIOUSLY YOU'RE EXEMPT

                    FROM HAVING TO USE THE SEAT BELT BECAUSE THERE'S NO SEAT BELT TO BE USED.

                                 MR. MANKTELOW:  ALL RIGHT.  SO, IS IT POSSIBLE TO

                    ADD AN EXEMPTION IN THERE, AS ASSEMBLYMAN GOODELL SAID, FOR -- FOR

                    AG?

                                 MR. MOSLEY:  WELL, IT'S ALREADY LAW.  IT'S UNDER THE

                    VEHICLE AND TRAFFIC -- TRANSPORTATION LAW, I THINK SECTION 336.  383,

                    WHERE THAT IS SO NOTED.

                                 MR. MANKTELOW:  IT'S ALREADY IN THERE?

                                 MR. MOSLEY:  YES.

                                 MR. MANKTELOW:  AND ONE -- ONE LAST QUESTION,

                    THEN, BACK TO THE FARM INDUSTRY PART OF IT.  JUST GOING OUT ONTO THE ROAD,

                    SOMETIMES YOU MAY HAVE TWO OR THREE OF YOUR CHILDREN WITH YOU, AS

                                         20



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    FARMERS WORK LONG HOURS.  SOME OF THE OLDER MACHINERY DO NOT HAVE

                    SEAT BELTS.  IS THAT GOING TO BE A RETROACTIVE THING?

                                 MR. MOSLEY:  ARE YOU TALKING -- IS -- IS IT A CAR, IS

                    IT A -- IS IT A TRACTOR, IS IT --

                                 MR. MANKTELOW:  SO -- SO TODAY, IN TODAY'S

                    AGRICULTURAL WORLD, YOU HAVE SPRAYERS, YOU HAVE COMBINES, YOU HAVE

                    TRACTORS THAT CAN GO 30, 32 MILES AN HOUR DOWN THE ROAD NOW.  AND IN

                    SOME OF THOSE PRODUCTS, IN SOME OF THOSE EQUIPMENT, THERE ARE SEAT

                    BELTS IN SOME OF THOSE.  SOME OF THOSE THERE ARE NOT.  SO I GUESS THE

                    QUESTION IS, IF I HAD MY GRANDDAUGHTER WITH ME, I'M IN THE TRACTOR GOING

                    DOWN THE ROAD 30 MILES AN HOUR AND THERE'S NO SEAT BELTS IN THERE, ARE

                    WE GOING TO BE REQUIRED TO PUT A SEAT BELT IN THERE DOWN THE ROAD, OR --

                    OR IS THAT GOING TO BE EXEMPT FROM THIS?

                                 MR. MOSLEY:  IF IT'S IN A VEHICLE THAT IS TO BE MADE

                    TO BE USED ON FARMLAND AND YOU'RE ON THE HIGHWAY AND YOU'RE ON THE

                    ROAD GOING 30 MILES AN HOUR, ONE OF THE -- THE PRACTICALITY OF IT ALL,

                    CONTEXTUALLY SPEAKING, I WOULD HOPE TO THINK THAT EVERYBODY WOULD BE

                    STRAPPED UP.  BUT IF THIS IS A VEHICLE THAT HAS NO -- HAS NO SAFE -- HAS NO

                    SAFETY HARNESS OR SEAT BELT, IT IS NOT REQUIRED TO -- TO HAVE ONE UNDER THIS

                    LAW.

                                 MR. MANKTELOW:  SO -- SO WHAT I'M HEARING,

                    THEN, IS IN A TRACTOR THAT'S -- WAS MANUFACTURED SOME YEARS AGO THAT

                    DOES NOT HAVE A SEAT BELT IN IT, THAT'S GOING TO BE OKAY TO TAKE THAT

                    TRACTOR DOWN THE ROAD WITH A -- WITH MY GRANDDAUGHTER IN IT AND WE

                    WOULD BE FINE AND NOT BE ILLEGAL, CORRECT?

                                         21



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 MR. MOSLEY:  IF IT WAS NEVER REQUIRED TO AT

                    MANUFACTURING TO HAVE ONE.  SO YOU WON'T HAVE TO GO TO THE

                    MANUFACTURER GET IT RETROFITTED FOR A NEW SEAT BELT UNDER THIS LAW.

                                 MR. MANKTELOW:  OKAY.  THANK YOU FOR

                    ALLOWING ME -- FOR THE QUESTIONS.  THANK YOU.

                                 MR. MOSLEY:  YOU'RE WELCOME.  THANK YOU.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MOSLEY NOW ON

                    THE BILL.

                                 MR. MOSLEY:  THANK YOU, MR. SPEAKER.  ON THE

                    BILL.  EVER SINCE 1985, WE HAVE LOST A COMBINED NUMBER OF INDIVIDUALS

                    TO VEHICLE DEATHS AND FATALITIES WELL OVER 15,000 SINCE 1985.  ON

                    AVERAGE, NEW YORK STATE LOSES BETWEEN 28 TO 29 INDIVIDUALS TO VEHICLE

                    FATALITIES FOR PEOPLE WHO HAVE NOT USED SEAT BELTS IN THE BACK SEAT,

                    WHETHER THEY ARE ABOVE AGE 16 OR BELOW 16.  WHETHER THEY KILLED

                    THEMSELVES, THEY KILL OTHERS, THEIR PASSENGER, THE DRIVER OR EVEN

                    PEDESTRIANS AS THEY MIGHT BE USED AS -- AS THEY MIGHT BECOME A

                    PROJECTILE IN SOME OF THESE ACCIDENTS.  YOU'RE EIGHT TIMES MORE LIKELY

                    TO BE -- TO SUFFER SERIOUS BODILY INJURY IF YOU DO NOT BUCKLE UP,

                    REGARDLESS OF YOUR AGE.  THIS IS COMMONSENSE LEGISLATION.  I UNDERSTAND

                    THE ISSUE OF FARM VEHICLES.  I SEE THEM AS I DRIVE THROUGHOUT CENTRAL

                    NEW YORK.  PEOPLE WHO MIGHT HAVE UNFORTUNATELY LOST THEIR LICENSES

                    AND USE THESE VEHICLES TO TRANSPORT THEMSELVES FROM POINT A TO POINT

                    B, BUT ULTIMATELY UNDERSTANDING THAT THIS PIECE OF LEGISLATION, I BELIEVE

                    AND I KNOW, WILL SAVE HUNDREDS OF LIVES, AND OVER THE YEARS, THOUSANDS

                                         22



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    OF LIVES OF INDIVIDUALS.  AS A FATHER OF TWO CHILDREN, THE FIRST THING I DO

                    IS TELL MY CHILDREN, MAKE SURE YOU BUCKLE UP, UNDERSTANDING THAT I

                    DON'T WANT THEM TO BECOME A FATALITY IF WE'RE IN AN ACCIDENT, REGARDLESS

                    OF HOW FAR WE'RE TRAVELING.

                                 SO I WANT TO AGAIN THANK THE ADVOCATES.  I WANT TO

                    THANK AAA, I WANT TO THANK MY COLLEAGUE IN THE SENATE, SENATOR

                    CARLUCCI, FOR CHAMPIONING THIS BILL IN THE -- IN THE UPPER HOUSE, AND I

                    LOOK FORWARD TO PASSING THIS BILL, AND LOOKING FORWARD TO IT GETTING

                    PASSED IN THE SENATE AND GOING BEFORE THE GOVERNOR AND SIGNED INTO

                    LAW.  I BELIEVE THAT THIS LAW INDIRECTLY -- WILL DIRECTLY SAVE LIVES THAT

                    WOULD'VE BEEN LOST IN ABSENCE OF THIS PIECE OF LEGISLATION.

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

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT NOVEMBER

                    1ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. BYRNE TO EXPLAIN HIS VOTE.

                                 MR. BYRNE:  THANK YOU, MR. SPEAKER.  I RISE TO

                    COMMEND THE SPONSOR OF THIS LEGISLATION.  AS SOMEONE THAT WORKED AND

                    VOLUNTEERED AS A FIREFIGHTER AND EMT FOR MANY YEARS IN MY DISTRICT,

                    I'VE HAD THE MISFORTUNE OF GOING TO A LOT OF CALLS THAT ENDED IN FATALITIES

                    ON THE TACONIC STATE PARKWAY, ON ROUTE 301 IN -- IN PUTNAM COUNTY.

                                 SEAT BELTS SAVE LIVES, AND THIS IS A REALLY GOOD STEP IN

                                         23



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    DIRECTION, AND I'M PROUD TO VOTE IN FAVOR OF IT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. BYRNE IN THE

                    AFFIRMATIVE.

                                 MRS. GALEF TO EXPLAIN HER VOTE.

                                 MRS. GALEF:  TO EXPLAIN MY VOTE.  I WAS JUST

                    THINKING THAT I DON'T KNOW WHAT YEAR WE ADOPTED SEAT BELTS.  PROBABLY

                    IN THE 1960S, 1970S, AND I CAN IMAGINE THE ASSEMBLYMEMBERS SITTING

                    HERE AT THAT POINT PROBABLY BEING VERY STRESSED BECAUSE IT WAS THE FIRST

                    TIME THAT SEAT BELTS WERE GOING TO BE INTRODUCED.  AND I REMEMBER HOW

                    PEOPLE IN OUR DISTRICTS -- NOT MY DISTRICT THEN, BUT PEOPLE COMPLAINED

                    ABOUT HAVING TO WEAR SEAT BELTS.  AND NOW I DON'T GET THOSE COMPLAINTS

                    ANYMORE.  PEOPLE ARE VERY SUPPORTIVE OF WEARING SEAT BELTS BECAUSE

                    THEY KNOW IT SAVES LIVES.  AND IF WE DON'T HAVE PEOPLE IN THE BACK SEAT

                    OF THE CAR WITH SEAT BELTS, THEY'RE JUST GOING TO FLING THEMSELVES,

                    POTENTIALLY, IN AN ACCIDENT INTO THE PEOPLE IN THE FRONT SEAT.  AND SO,

                    YOU KNOW, IT'S HURTING EVERYBODY WHEN PEOPLE DON'T BUCKLE UP.  AND,

                    YOU KNOW, WE'VE DONE IT OVER A COURSE OF TIME.  WEAR SEAT BELTS IN THE

                    FRONT SEAT, THEN WE DID YOUNG CHILDREN, THEN WE DID REAR

                    PASSENGER-FACING SEATS FOR UNDER TWO YEARS OLD.  SO WE'RE JUST MAKING

                    PROGRESS.  NOW WE'RE GOING TO SAY YOU'RE JUST -- WHEN YOU'RE IN A CAR

                    YOU HAVE TO WEAR A SEAT BELT.  AND AS ONE OF MY COLLEAGUES SAID, THIS IS

                    JUST FOR SAFETY OF ALL OF US, WHETHER YOU'RE IN THAT CAR OR YOU'RE

                    SOMEWHERE ELSE.

                                 AND I APPLAUD THE SPONSOR OF THE BILL.  HE DID AN

                    EXCELLENT JOB.  THANK YOU.

                                         24



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 ACTING SPEAKER AUBRY:  MRS. GALEF IN THE

                    AFFIRMATIVE.

                                 MR. TAGUE:  THANK YOU, MR. SPEAKER.  FIRST, I DO

                    WANT TO COMMEND THE SPONSOR.  I UNDERSTAND WHAT HE'S DOING HERE, BUT

                    THIS IS ANOTHER EXAMPLE OF LEGISLATION OF "ONE GLOVE FITS ALL."  AND IT --

                    THIS DOESN'T WORK EVERYWHERE.  AND WE'VE TALKED ABOUT THIS BEFORE, THE

                    DISPARITY OF OUR UPSTATE RURAL FARMERS.  AND BECAUSE OF THAT, I CANNOT

                    VOTE FOR THIS BILL TODAY.  IF THERE WERE AN AMENDMENT MADE TO THIS BILL

                    THAT TOOK CARE OF OUR FARMERS AND WHAT -- AND -- AND THE WAY OF LIFE IN

                    RURAL UPSTATE NEW YORK THEN I WOULD FULLY SPONSOR IT.  BUT FOR THOSE

                    REASONS, I VOTE NO.

                                 ACTING SPEAKER AUBRY:  MR. TAGUE 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:  MR. SPEAKER, IF WE CAN

                    CONTINUE OUR WORK TO -- ON PAGE 54 [SIC], CALENDAR NO. 325.  IT'S BY

                    MR. RYAN, IT IS ON DEBATE AS WELL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08349, CALENDAR NO.

                    325, RYAN, ENGLEBRIGHT, REYES, ZEBROWSKI, ORTIZ, GOTTFRIED, ABINANTI,

                    L. ROSENTHAL, HEVESI, THIELE, PAULIN, GLICK, RODRIGUEZ, STERN,

                    WOERNER, MAGNARELLI, CUSICK, ROZIC, SIMOTAS, EPSTEIN, BURKE,

                                         25



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    MCMAHON, O'DONNELL, QUART, SAYEGH, WALLACE, WEPRIN, CARROLL,

                    GRIFFIN, KIM, SANTABARBARA, FAHY, FRONTUS, M.G. MILLER, MCDONALD,

                    MOSLEY, OTIS, SOLAGES, COOK, JACOBSON, VANEL, DINOWITZ,

                    D. ROSENTHAL, HUNTER, JAFFEE, SIMON, BARRETT, D'URSO, NOLAN, STECK,

                    RA, DENDEKKER, SEAWRIGHT, GALEF, BARNWELL, NIOU, SCHMITT, ASHBY,

                    GUNTHER, FERNANDEZ, RIVERA, COLTON, DICKENS, LIFTON, BARRON,

                    HYNDMAN.  AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN

                    RELATION TO THE PROTECTION OF CERTAIN STREAMS.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. RYAN.

                                 MR. RYAN:  THANK YOU, MR. SPEAKER.  THIS BILL

                    WOULD CHANGE THE ENVIRONMENTAL CONSERVATION LAW AND WILL

                    RECLASSIFY CLASS C WATERWAYS FOR THE PURPOSES OF PROTECTION.  CLASS C

                    WATERWAYS ARE REGULARLY USED BY PEOPLE FOR BOATING, FISHING AND OTHER

                    ACTIVITIES, BUT ARE NOT -- ARE NOT CURRENTLY AFFORDED THE PROTECTION THAT IS

                    PROVIDED TO OTHERWISE -- OTHER WATERWAYS CLASSIFIED AS STREAMS.

                    BECAUSE OF THIS, THESE STREAMS ARE SUBJECTED TO ECOLOGICAL DAMAGE AND

                    WE'RE HOPING TO INCREASE THE PROTECTIONS FOR THOSE STREAMS.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  YES, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    RYAN?

                                 MR. RYAN:  I CERTAINLY WILL.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                         26



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 MR. PALMESANO:  THANK YOU, SEAN.  I KNOW WE

                    TALKED A LITTLE BIT ABOUT -- I WANTED TO TALK TO YOU ABOUT THIS BILL A LITTLE

                    BIT BEFORE AND --

                                 MR. RYAN:  SURE.

                                 MR. PALMESANO:  -- I -- I HAVE TO ASK YOU.  IN --

                    IN DEVELOPING THIS BILL, HAVE YOU HAD ANY CONVERSATION WITH OUR

                    HIGHWAY SUPERINTENDENTS FROM TOWNS AND COUNTIES ABOUT THE IMPACT

                    THAT THIS LEGISLATION WILL HAVE ON THEM AND THEIR OPERATIONS FROM A --

                    FROM A -- FROM AN OPERATIONAL PERSPECTIVE AND FROM A COST PERSPECTIVE?

                                 MR. RYAN:  YEAH.  I TALKED TO FOLKS FROM MY COUNTY

                    ABOUT -- ABOUT THIS BILL.  THE BDPW, SOIL AND WATER, AND WE SPOKE OF

                    THIS AND I DIDN'T HEAR ANY SPECIFIC CONCERNS BACK.

                                 MR. PALMESANO:  ALL RIGHT.  SO YOU'VE SPOKEN TO

                    HIGHWAY SUPERINTENDENTS, SOIL AND WATER CONSERVATION DISTRICTS.  HOW

                    ABOUT OUR FARMERS?

                                 MR. RYAN:  I HAVEN'T SPOKEN TO ANY FARMERS.

                                 MR. PALMESANO:  HOW ABOUT OUR -- OUR UTILITIES

                    THAT HAVE TO DO UTILITY WORK, ROUTINE UTILITY WORK AND INFRASTRUCTURE

                    WORK?

                                 MR. RYAN:  I'VE HAD MANY CONVERSATIONS WITH THE

                    UTILITY INDUSTRY ON THIS BILL.

                                 MR. PALMESANO:  OKAY.  AND HOW ABOUT LIKE ON

                    FOREST MANAGEMENT PRACTICES AND TIMBER PRACTICES?  ANYONE THERE?

                                 MR. RYAN:  NO.  NO ONE FROM THE TIMBER FIELD.

                                 MR. PALMESANO:  WELL, WE -- WE'VE RECEIVED A

                                         27



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    NUMBER OF MEMOS THAT HAVE BROUGHT UP CONCERNS, MEMOS OF OPERATION

                    [SIC].  THE COUNTY HIGHWAY SUPERINTENDENTS ASSOCIATION, FOR ONE --

                                 MR. RYAN:  SURE.

                                 MR. PALMESANO:  AND LET ME JUST -- LET ME JUST

                    SPECIFICALLY MENTION ONE THING THAT THEY MENTIONED IN THEIR -- IN THEIR

                    MEMO.  WHEN YOU HAVE THESE TYPES OF POSSIBLE DELAYS, BY HAVING THESE

                    PERMITS THAT IT CAN TAKE LONGER.  I MEAN ALL THESE ORGANIZATIONS ARE

                    CONCERNED ABOUT THE DELAYS BECAUSE THE -- THE LONGER THE TIME IT'S GOING

                    TO TAKE TO -- TO MAKE THESE PERMITS, THE COST IMPACT, DELAYING THAT.  LIKE

                    FOR EXAMPLE, THE HIGHWAY SUPERINTENDENTS CITED VERY EASILY, THE

                    DELAYS IN THIS PROJECT AND COSTS THAT CAN COME ALONG WITH IT CAN TURN --

                    CAN TAKE A SIMPLE $90,000 CULVERT OPERATION REPLACEMENT AND TURN IT

                    INTO A $1 MILLION BRIDGE PROJECT VERY EASILY BECAUSE OF THE OPERATIONS

                    AND THE COSTS.

                                 MR. RYAN:  SO YOUR HIGHWAY SUPERINTENDENTS

                    SHOULD BE HAPPY TO HEAR THAT UNDER CHAPTER 150501 OF THE CURRENT

                    LAWS, THEY'RE OFFERED A BIG PROTECTION, AND THAT IF C COMES INTO THE

                    CLASSIFICATION, THOSE PROTECTIONS WOULD TRAVEL WITH THIS.  SO RIGHT NOW

                    MOST COUNTIES, HIGHWAY SUPERINTENDENTS, THEY ALREADY HAVE A CONTRACT

                    WITH DEC ON THESE STREAMS.  SO, YOU KNOW, THERE -- THERE'S BROAD

                    EXEMPTIONS FOR HIGHWAYS, FOR PUBLIC CORPORATIONS.  FOR EMERGENCIES,

                    THERE'S -- THERE'S EXEMPTIONS.  I REMEMBER BACK WHEN IRENE HAPPENED.

                    WE REBUILT BRIDGES ALL OVER THE ADIRONDACK PARK SYSTEM, BUT WE DID IT

                    THROUGH THE EMERGENCY PROVISIONS, WHICH DIDN'T SLOW ANYTHING --

                    ANYTHING DOWN.

                                         28



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 MR. PALMESANO:  WELL, I THINK -- I THINK THE

                    CONCERN OUT THERE IS OPERATION, BECAUSE I KNOW THEY -- THESE GROUPS

                    HAVE WORKED WITH DEC IN THE PAST BUT NOW THEY ASKED -- NOW THEY

                    ASKED FOR THIS ADDITIONAL PERMIT WHICH IS GOING TO HAVE EVEN MORE

                    REQUIREMENTS, YOU'RE GOING TO PUT MORE WORKLOAD ON DEC.  WE KNOW

                    THAT DEC DOESN'T AUTOMATICALLY GET THOSE PERMITS DONE IN A TIMELY

                    MATTER BECAUSE OF CHALLENGES THEY HAVE.  SO IF YOU DO THAT ON BRIDGE

                    PROJECTS, A CULVERT PROJECT COULD TURN THOSE IN.  THAT COULD DELAY.  OUR

                    SOIL AND WATER CONSERVATION DISTRICTS, I HEARD FROM OUR SOIL AND WATER

                    CONSERVATION DISTRICTS IN MY AREA THAT DO GREAT WORK IN STREAM-BASED

                    STABILIZATION.  THEY'RE -- THEY'RE CONCERNED THIS IS GOING TO PUT THEM OUT

                    OF BUSINESS, WHICH WILL HURT THE OPERATIONS IN THOSE COUNTIES.  OUR

                    FARMERS BEING ABLE TO -- TO DEAL WITH, YOU KNOW, CLEARING WATERWAYS

                    AND BEING ABLE TO PROTECT THEIR CROPS DURING A SEASONAL OPERATION.  IF

                    THEY HAVE TO WAIT SIX TO NINE MONTHS FOR A PERMIT TO COME THROUGH, THAT

                    MIGHT BE TOO LATE FOR THEM.

                                 MR. RYAN:  IT'S HARD FOR ME TO IMAGINE AN EXAMPLE

                    WHERE THE AGRICULTURAL EXEMPTION THAT'S CURRENTLY AFFORDED THAT WILL

                    TRAVEL DOWN TO THE C PERMITS WOULD IMPACT FARMERS.  SO RIGHT NOW

                    UNDER THE CURRENT LAW, FARMERS ARE ALLOWED TO DRIVE MECHANIZED

                    VEHICLES ACROSS STREAMBEDS, FARMERS ARE ALLOWED TO DRIVE LIVESTOCK

                    ACROSS STREAMBEDS.  FARMERS ARE ALLOWED TO WITHDRAW WATER FOR

                    IRRIGATION PURPOSES FROM -- FROM STREAMS WITH -- WITH NO PERMITS.  AND

                    THAT EXEMPTION WOULD REMAIN THE SAME.  SO FOR DAY-TO-DAY OPERATIONS,

                    NOTHING SHOULD BE DIFFERENT.  BUT THEY WILL BE GRANTED SOME ELEMENT OF

                                         29



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    PROTECTIONS FROM PEOPLE UPSTREAM FROM THEM.  SO UNDER THE CURRENT

                    LAW, IF A FARMER IS DEPENDENT ON A CLASS C STREAM FOR THEIR IRRIGATION, IF

                    THE NEIGHBOR ONE MILE UP THE STREAM DECIDES TO ALTER THE COURSE OF THAT

                    STREAM AND DIVERT IT AWAY FROM THAT FARMER, THAT FARMER WOULD HAVE NO

                    PROTECTION.  WE'VE SEEN THESE THINGS HAPPEN.  RECENTLY IN WESTERN

                    NEW YORK THERE WAS A STREAM THAT WENT THROUGH A -- A GOLF COURSE, AND

                    THEY DECIDED THEY WANTED TO HAVE A WATER HAZARD.  SO THEY MOVED THE

                    STREAM AROUND AND PUT A POND IN.  NO PERMITS NECESSARY BECAUSE IT'S A

                    CLASS C.  A FEW YEARS LATER THEY DECIDED THEY WANTED TO HAVE ANOTHER

                    WATER HAZARD, SO THEY MOVED THE STREAM AROUND AGAIN TO CREATE THE

                    SECOND POND.  BUT ONCE THEY WERE DONE WITH THAT SECOND POND, GUESS

                    WHAT HAPPENED TO THE STREAM AT THE OUTFLOW?  NO MORE WATER CAME OUT

                    OF THAT STREAM.  SO ANYONE WHO IS DOWNSTREAM AND WAS USING THAT

                    WATER EITHER FOR PUBLIC DRINKING WATER, FOR AGRICULTURAL IRRIGATION, THAT

                    STREAM WAS CUT OFF FOR THEM, AND NO PERMIT WAS NECESSARY TO DO THAT.

                    SO THESE PROTECTIONS THAT WE'RE GOING TO PROVIDE IN THIS BILL, WILL, IN

                    MANY CIRCUMSTANCES, PROTECT FARMERS AND THEIR RIGHT TO ACCESS STREAMS,

                    ESPECIALLY IF THEY'RE DEPENDENT ON THOSE STREAMS FOR IRRIGATION

                    PURPOSES.

                                 MR. PALMESANO:  MR. SPEAKER, WILL THE SPONSOR

                    CONTINUE TO YIELD?

                                 MR. RYAN:  YES.

                                 MR. PALMESANO:  THANK YOU, SEAN.  THE OTHER

                    AREA I KNOW WE TALKED A LITTLE BIT ABOUT, YOU SAID YOU HAD SOME

                    CONVERSATIONS WITH UTILITIES AND THE OPERATIONS THEY HAVE TO DO.  ISN'T

                                         30



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    THERE ANY CONCERN BECAUSE YOU'RE TALKING ABOUT ROUTINE -- I'M NOT JUST

                    TALKING ABOUT EMERGENCY WORK WHEN THERE'S A STORM, BUT ROUTINE WORK

                    THEY MIGHT HAVE TO DO ON INFRASTRUCTURE PURPOSES, IF WE GOT -- WE HAVE

                    TO GO THROUGH THIS PERMIT PROCESS, WHICH WE KNOW TAKES TIME, DELAYS,

                    THERE'S -- YOU KNOW, SOME PROJECTIONS ARE SAYING SIX TO NINE MONTHS TO

                    A YEAR TO GET A PERMIT.  ISN'T THAT THE WORK THEY NEED TO DO TO MAKE SURE

                    -- SURE THE RELIABILITY OF THE GRID AND THEIR -- THEIR SERVICES SO THE

                    ELECTRICITY AND UTILITIES ARE DELIVERED AND RELIABLE FOR THE RATEPAYERS?

                    AND IF THERE'S MORE DELAYS, THAT'S GOING TO ADD MORE COST, AND THAT COST

                    WOULD BE BORNE BY THE RATEPAYER, WHICH WE KNOW ALREADY HAVE SOME

                    OF THE HIGHEST UTILITY COSTS IN THE COUNTRY.  SO, AREN'T THERE ANY -- AREN'T

                    THERE ANY CONCERNS WITH THIS AND NOT LOOKING FOR CARVE-OUTS?  I KNOW

                    YOU SAID THERE WERE EXEMPTIONS FOR -- SUPPOSEDLY FOR SOIL AND WATER,

                    FOR HIGHWAYS, FOR --

                                 MR. RYAN:  WELL, THE EXEMPTIONS ARE ALREADY THERE.

                    IF YOU LOOK AT -- AT CHAPTER 15, THOSE EXEMPTIONS ARE THERE FOR SOIL AND

                    WATER, WHICH IS A PUBLIC CORPORATION.  THEY'RE THERE FOR ANY HIGHWAY

                    SUPERINTENDENT WHO, OF COURSE, OPERATES UNDER A MUNICIPALITY.  AND AS

                    FOR -- FOR THE LARGE UTILITIES, THOSE UTILITIES ALREADY GO THROUGH THE

                    PERMITTING PROCESS EACH AND EVERY TIME THEY -- THEY DO WORK.  SO, YOU

                    KNOW, IN MY AREA OF THE STATE, IF A UTILITY PROVIDER IS DOING ANY SORT OF

                    STREAM CLEARANCE, ANYTHING TO DO WITH DRIVING LINES THROUGH, THEY

                    ALREADY HAVE THESE PERMITS.  THEY HAVE AN OPEN CONTRACT WITH DEC.

                    SO IT WOULD --  IT WOULD JUST ADD ON TO THAT OPEN CONTRACT.  ONE

                    CONTRACT, MIND YOU.  NOT ONE FOR EACH AND EVERY STREAM.  THEY WOULD

                                         31



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    JUST ADD THESE -- THESE STREAMS ON.  AND, YOU KNOW, THEY WOULD BE, IN

                    FACT, PROHIBITED, A CORPORATION, FROM COMING IN AND BULLDOZING A BANK.

                    RIGHT NOW THEY COULD COME IN AND BULLDOZER A BANK IN A STREAM,

                    MUDDY THAT WATER, MAKE A DOWNSTREAM FLOOD PROBLEM WITH -- WITH NO

                    PERMITS.  SO THIS WOULD JUST ADD ONE MORE LAYER OF PROTECTION THAT'S

                    ALREADY AFFORDED TO THE A AND THE B STREAMS.  YOU KNOW, REMEMBER,

                    THE C STREAMS, THEY'RE RECREATIONAL STREAMS.  THEY CAN -- YOU CAN FISH

                    OUT OF THOSE STREAMS.  THEY JUST RECOMMEND NO CONTACT WITH IT, SO IT'S

                    NOT SOMETHING YOU'RE GOING TO GO SWIMMING IN.  BUT WE WANT TO MAKE

                    SURE THESE STREAMS STAY HEALTHY, SO WE DON'T WANT TO, YOU KNOW, GRANT

                    AN EXEMPTION TO A UTILITY COMPANY WHO IS GOING TO IN-FILL A STREAM THAT

                    THE COMMUNITY FISHES ON.  SO WE DON'T WANT TO GIVE ANYONE THAT SORT OF

                    AUTHORITY IN -- IN NEW YORK STATE.  AND WE'RE HAPPY TO REPORT THAT THE

                    CLASS C STREAMS HAVE BEEN GETTING CLEANER AND CLEANER THROUGHOUT THE

                    YEARS AS WE'VE STOPPED DOING A LOT OF POLLUTANT DISCHARGES IN NEW

                    YORK STATE.  SO THESE STREAMS THAT AT ONE POINT COULD ONLY SUPPORT FISH

                    IF FISH WERE STOCKED INTO IT, THEY'RE -- THEY'RE STARTING TO SUPPORT FISH

                    THEMSELVES.  AND I WOULD ASK YOU TO CONSIDER ONE MORE THING ON THIS.

                    OVER 11 MILLION NEW YORKERS GET THEIR DRINKING WATERS FROM PUBLIC

                    SYSTEMS AND RESERVOIRS SUPPLIED BY CLASS C STREAMS.  SO RIGHT NOW, IF

                    YOUR TOWN'S RESERVOIR SYSTEM IS CONNECTED TO CLASS C STREAMS, THERE ARE

                    NO PROTECTIONS.  SO ANY LANDOWNER COULD COME IN AND FILL UP A STREAM

                    THAT IS THE DRINKING WATER THAT GOES TO A RESERVOIR.  THEY COULD FILL THAT

                    IN WITH -- WITH NO PERMITS.  SO WE'RE OFFERING SOME SIMPLE PROTECTIONS

                    WITH A GOOD CARVE-OUT FOR MUNICIPALITIES, CORPORATIONS LIKE SOIL AND

                                         32



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    WATER, AND AGRICULTURAL.  AND I'LL ADD ON, TOO; THIS DOESN'T AFFECT IF YOU

                    HAVE A SPDES PERMIT TO DISCHARGE.  SPDES PERMIT, IT DOESN'T --

                    DOESN'T MATTER IF IT'S A, B OR C, YOU JUST HAVE TO GO THROUGH THE SAME

                    PERMIT.  THEY WOULD HAVE HAD TO GO THROUGH A PERMIT BEFORE, THEY'LL

                    HAVE TO GO THROUGH A PERMIT NOW.  SO, YOU KNOW, BY AND LARGE, THE

                    BENEFICIARIES OF THIS ARE GOING TO BE NEW YORKERS WHO ENJOY CLEAN

                    WATER.

                                 MR. PALMESANO:  WELL, SEAN, IF I MAY, I KNOW

                    WHEN WE WERE TALKING BECAUSE THIS CAME UP REALLY KIND OF QUICK, AND I

                    KNOW YOU SAID -- YOU OFFERED GRACIOUSLY THAT YOU'D BE WILLING TO SIT

                    DOWN AND TALK --

                                 MR. RYAN:  SURE.

                                 MR. PALMESANO:  -- TO THESE GROUPS WHO'VE

                    EXPRESSED CONCERNS.  SO, WOULD YOU BE WILLING TO SIT DOWN -- BECAUSE

                    SOME OF THE INFORMATION THAT WE'RE GETTING IS A LITTLE DIFFERENT.  IT'S A

                    LITTLE CONFLICTING.  SO WOULD YOU BE WILLING TO SIT DOWN WITH OUR

                    HIGHWAY SUPERINTENDENTS?  WOULD YOU BE WILLING TO SIT DOWN WITH OUR

                    SOIL AND WATER CONSERVATION DISTRICTS?  WOULD YOU BE WILLING TO SIT

                    DOWN WITH OUR FARMERS AND FARM BUREAU?  WOULD YOU EVEN BE WILLING

                    TO SIT DOWN WITH THE UTILITIES JUST TO MAKE SURE --

                                 MR. RYAN:  YES.

                                 MR. PALMESANO:  -- WE CAN ANSWER SOME OF THOSE

                    QUESTIONS AND CONCERNS MOVING FORWARD?  BECAUSE I THINK THAT'S A

                    CONCERN.  AND LET ME BE CLEAR:  NO ONE'S NOT LOOKING FOR CARTE BLANCHE

                    AND NOT PROTECTING OUR STREAMS AND WATER.

                                         33



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 MR. RYAN:  RIGHT.

                                 MR. PALMESANO:  WE WANT TO DO THAT.  I JUST

                    THINK THERE'S PROTECTIONS IN PLACE THAT ARE -- THAT THESE GROUPS WORK

                    WITHIN, TO -- TO FOLLOW AND IF YOU'RE LOOKING TO TIGHTEN UP.  BUT I JUST

                    HOPE YOU CAN ASSURE, AGAIN, THAT YOU'D BE WILLING TO SIT DOWN AGAIN

                    WITH OUR HIGHWAY SUPERINTENDENTS, OUR -- OUR SOIL AND WATER

                    CONSERVATION DISTRICTS, OUR FARMERS, OUR FARM BUREAU AND OUR UTILITIES,

                    BECAUSE THE WORK IS -- THEY'RE ALL ABOUT PROVIDING SERVICE TO THE -- TO

                    THE RATEPAYER, TO THE -- TO THE FARMER.  SO IF YOU'RE WILLING TO DO THAT, I

                    WOULD APPRECIATE THAT.

                                 MR. RYAN:  I'M 100 PERCENT WILLING TO DO THAT.

                                 MR. PALMESANO:  THANK YOU.

                                 MR. RYAN:  I'M WILLING TO CONTINUE CONVERSATIONS

                    ON THAT.

                                 MR. PALMESANO:  THANK YOU, I APPRECIATE IT.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALMESANO:  YES, MR. SPEAKER.  I APPRECIATE

                    THE INTENTIONS OF MY -- MY FRIEND AND MY -- AND THE SPONSOR.  I BELIEVE

                    HE'S WELL-INTENDED WITH THIS BILL.  YOU KNOW, THIS CAME UP KIND OF

                    QUICK, BUT I HEARD FROM A LOT OF DIFFERENT ORGANIZATIONS; COUNTY

                    HIGHWAY SUPERINTENDENTS, A MEMORANDUM IN OPPOSITION, FARM BUREAU

                    MEMORANDUM IN OPPOSITION.  EMPIRE STATE FOREST PRODUCT ASSOCIATION

                    MEMORANDUM IN OPPOSITION.  OUR UTILITIES ARE CONCERNED ON THE ABILITY

                    TO DO THE WORK THEY HAVE TO DO TO PROTECT THE RATEPAYER, TO ENSURE THE

                                         34



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    DELIVERY OF QUALITY, RELIABLE ENERGY GRID.  AND I THINK ONE -- ONE AREA IN

                    PARTICULAR I'M VERY CONCERNED ABOUT THAT WAS BROUGHT UP OVER AND OVER

                    AGAIN, AT LEAST, WE DO A LOT OF WORK IN THIS HOUSE WHEN IT COMES TO

                    LOCAL INFRASTRUCTURE.  WE -- WE HAVE A FIGHT EVERY YEAR ABOUT PROTECTING

                    THE CHIPS PROGRAM.  I KNOW WE DO IT -- WE DO IT -- BOTH SIDES OF THE

                    AISLE TO TRY TO PUSH THAT TO SUPPORT OUR LOCAL INFRASTRUCTURE.  WE KNOW

                    THE MONEY THEY GET RIGHT NOW IS NOT NEARLY ENOUGH.  BELIEVE ME,

                    THERE'S CONCERN BEING RAISED BY OUR LOCAL MUNICIPALITIES WHICH SAY

                    EXEMPTIONS ARE GREAT, BUT THEY DON'T -- AT LEAST WHAT I'M HEARING, THEY'RE

                    CONCERNED ABOUT IT, THAT IT'S GOING TO HAVE A NEGATIVE IMPACT ON THEM.

                    WE'RE, AGAIN, TALKING ABOUT -- ONE OF THE EXAMPLES THEY GAVE WAS

                    TALKING ABOUT A 90,000 BRIDGE -- CULVERT PROJECT COULD TURN INTO A

                    $1 MILLION COSTLY PROGRAM, A BRIDGE, WITH DELAYS.  AND THAT -- THAT

                    WOULD CERTAINLY EAT INTO THAT CHIPS FUNDING.  THAT WOULD CERTAINLY EAT

                    INTO THAT WINTER RECOVERY FUNDING, BUT THAT'S NOT IN THE BUDGET THAT THE

                    GOVERNOR DIDN'T PUT IN THERE.  THAT'S GOING TO EAT INTO THAT PAVE-NY

                    OR BRIDGE NY FUNDING.  THAT'S NOT -- THAT'S GOING TO BE A -- A STRAIN

                    ON OUR PROPERTY TAXPAYERS.  SO I JUST HOPE THE SPONSOR -- I BELIEVE HIS

                    INTENTIONS ARE IN THE RIGHT PLACE.  I -- I HOPE HE'S WILLING TO SIT DOWN, AS

                    HE SAID HERE, TO MAKE SURE, WHETHER IT'S CHANGES OR TWEAKS, WHATEVER

                    YOU HAVE DO TO MAKE SURE THOSE PROTECTIONS ARE IN THERE FOR OUR LOCAL

                    GOVERNMENTS, FOR OUR FARMERS.  OUR AGRICULTURE IS OUR NUMBER ONE

                    INDUSTRY IN THE STATE.  OUR FARMERS HAVE BEEN TAKING IT ON THE CHIN WITH

                    FARM LABOR COSTS AND LOSING FAMILY FARMS.  IF WE DON'T GIVE THEM THE

                    ABILITY TO DO THEIR WORK THEY NEED TO DO, THAT'S GOING TO BE DEVASTATING

                                         35



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    TO OUR FAMILY FARMS.  NINETY-EIGHT PERCENT OF THE FARMS IN NEW YORK

                    STATE ARE FAMILY-OWNED FARMS.  WE NEED TO PROTECT THEM, NOT PUT MORE

                    BURDENS AND MORE CHALLENGES AND COSTS ON THEM.  THAT'S A CONCERN

                    THAT'S BEEN RAISED.  AND CERTAINLY, OUR SOIL AND WATER CONSERVATION

                    DISTRICTS CONTINUE TO DO GREAT WORK.  THEY ARE -- THEY PRESERVE THE

                    ENVIRONMENT.  THEY -- THEY HELP OUR ENVIRONMENT WITH THE WORK THEY

                    DO ON STREAM-BASE STABILIZATION AND OTHER STORM WATER PROTECTION.

                    THEY DO GREAT WORK IN OUR COMMUNITIES.  AND WHEN MY SOIL AND

                    CONSERVATION DISTRICT DIRECTORS CALL ME AND SAYS, THIS WILL PUT US OUT OF

                    BUSINESS, THAT'S A LEGITIMATE CONCERN I HAVE TO BRING TO THIS BODY.

                    THAT'S A LEGITIMATE CONCERN I HAVE TO BRING TO THE SPONSOR OF THIS

                    LEGISLATION.  SO I'M ENCOURAGED THAT HE'S TALKING ABOUT TALKING TO THESE

                    GROUPS.  BECAUSE SOMETIMES WE PASS LEGISLATION AND WE DON'T WANT -- -

                    NO ONE WANTS TO TALK TO ANYONE ANYMORE.  SO I'M ENCOURAGED -- THANK

                    YOU, MR. RYAN, FOR YOUR WILLINGNESS TO SIT DOWN WITH THESE GROUPS.  I

                    WOULD LOVE TO HELP FACILITATE THAT AND TALK TO YOU FURTHER.  I THINK THAT --

                    THAT SAYS A LOT ABOUT YOUR WILLINGNESS TO LISTEN.  AND HOPEFULLY NOT JUST

                    LISTEN, BUT TAKE THE ACTION THAT'S NECESSARY TO FIX THIS, WHERE THE

                    PROBLEMS ARE GOING TO BE IDENTIFIED, BECAUSE THESE ARE THE PROBLEMS

                    THAT WERE BROUGHT TO MY ATTENTION.

                                 SO, MR. SPEAKER AND MY COLLEAGUES, FOR THESE REASONS

                    -- NO ONE IS SAYING WE SHOULDN'T PROTECT OUR WATERWAYS.  BUT I THINK THE

                    CONCERNS THAT HAVE BEEN BROUGHT UP NEED TO BE ADDRESSED.  AND WHEN

                    YOU GET THOSE TYPES OF CONCERNS BROUGHT FORTH BY, LIKE I SAID, OUR LOCAL

                    HIGHWAY SUPERINTENDENTS, OUR FARMERS, OUR SOIL AND WATER CONSERVATION

                                         36



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    DISTRICTS.  EVEN OUR UTILITIES.  I KNOW SOMETIMES "THE UTILITIES" IS THE BIG

                    BAD WORD IN THIS HOUSE, BUT THEY'RE RESPONSIBLE FOR PROTECTING THE GRID

                    AND MAKING SURE THERE'S RELIABLE UTILITY SERVICE TO OUR CUSTOMERS IN

                    RURAL AREAS, IN THE CITIES.  ESPECIALLY WHERE THE STREAMS GO THROUGH.  WE

                    NEED TO MAKE SURE THEY'RE A PART OF THIS.  THEY NEED TO BE A PARTNER AND

                    PART OF THIS DIALOGUE.  THERE'S A LOT THAT CAN BE DONE.  HOPEFULLY, WE

                    TAKE THE TIME, AND I -- AND I TRUST THE SPONSOR AND HIS WORD THAT HE'S

                    GOING TO DO THIS.  I'VE KNOWN HIM, SO I BELIEVE HIM.  BUT HOPEFULLY, WE

                    CAN HAVE THOSE MEETINGS, AND IF WE CAN IDENTIFY WHERE THERE'S

                    PROBLEMS, FIX THEM BEFORE IT BECOMES DEVASTATING AND COSTLY.  BECAUSE

                    THAT'S THE LAST THING WE NEED ON OUR -- OUR TAXPAYERS, ON OUR

                    MUNICIPALITIES, ESPECIALLY WHEN OUR MUNICIPALITIES ARE ALREADY AT

                    ASSAULT BY THE ADMINISTRATION WITH THINGS LIKE THE MEDICAID PROGRAM.

                    NOT FUNDING OUR LOCAL INFRASTRUCTURE AT THE LEVEL THAT IT NEEDS TO BE

                    FUNDED.  CUTTING OUT WINTER RECOVERY.  CUTTING INTO THOSE BUDGETS I

                    THINK IS A DANGEROUS THING.  AND I JUST HOPE WE CAN HAVE THIS

                    DISCUSSION.  SO, REALLY, MY -- MR. SPEAKER AND MY COLLEAGUES, I KNOW

                    THE INTENTIONS ARE WELL-INTENDED.  I JUST -- I'M JUST VERY FEARFUL OF THE

                    NEGATIVE IMPACTS.  THE UNINTENDED CONSEQUENCES OF THIS LEGISLATION

                    COULD BE FAR-REACHING.  SO IF WE DON'T HAVE THOSE CONVERSATIONS TO

                    ADDRESS THOSE FIXES, I'M CONCERNED.

                                 SO FOR THAT REASON, I WILL BE VOTING IN THE NEGATIVE ON

                    THIS BILL TO SEND A MESSAGE THAT WE NEED TO HAVE THOSE CONVERSATIONS

                    GOING FURTHER AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME.  IF

                    YOU CARE ABOUT YOUR LOCAL HIGHWAY SUPERINTENDENTS, YOUR LOCAL

                                         37



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    MUNICIPALITIES, IF YOU CARE ABOUT YOUR FARMERS, IF YOU CARE ABOUT THE

                    WORK OUR SOIL AND WATER CONSERVATION DISTRICTS, MAKING SURE THAT OUR --

                    OUR -- OUR CUSTOMER -- OUR PEOPLE HAVE RELIABLE UTILITY SERVICES, THEN I

                    WOULD URGE YOU TO VOTE NO AGAINST THIS BILL.  LET'S START OVER.  LET'S GO

                    BACK TO THE DRAWING BOARD.  I DON'T WANT TO COME BACK AND TWEAK.  I'D

                    RATHER DO IT RIGHT THE FIRST TIME.  BUT I APPRECIATE THE SPONSOR'S

                    INTENTION.  I APPRECIATE HIS TIME AND I APPRECIATE YOUR TIME.  THANK

                    YOU, MR. SPEAKER.  I WILL BE VOTING IN THE NEGATIVE AND I ENCOURAGE MY

                    COLLEAGUES TO DO THE SAME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. DANIEL STEC.

                                 MR. STEC:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. STEC:  VERY BRIEFLY, I WANT TO COMMEND MY

                    COLLEAGUE FOR HIS REMARKS THAT HE JUST MADE.  AND I -- I SHARE HIS

                    CONCERNS.  I ALSO SHARE HIS COMPLIMENTS TO THE SPONSOR.  I THINK THE

                    SPONSOR IS WELL-INTENDED HERE; HOWEVER, LIKE THE FORMER COLLEAGUE THAT

                    JUST DEBATED THIS BILL, I, TOO, HAVE HEARD FROM A LOT OF LOCAL GOVERNMENT

                    IN MY DISTRICT, SOIL AND WATER CONSERVATION DISTRICTS, NATIONAL GRID.

                    FARMERS ARE VERY CONCERNED WITH THE ADDED LAYER OF THE DIFFICULTY THAT

                    THIS WILL CREATE ON WHAT WERE PREVIOUSLY ALREADY EXPENSIVE PROJECTS OR

                    -- OR PROCESSES LIKE TRANSMISSION LINE WORK THAT COULD ADD DOZENS OF

                    PERMITS BECAUSE OF NEWLY-CLASSIFIED WATERWAYS.  SO I AM ENCOURAGED

                    BY WHAT I HEARD ON DEBATE THAT THE SPONSOR IS WILLING TO WORK WITH

                    THESE GROUPS AND TAKE FURTHER INPUT.  BUT AS MY COLLEAGUE BEFORE ME

                                         38



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    SAID, I, TOO, WILL BE VOTING IN THE NEGATIVE AND ENCOURAGE OUR

                    COLLEAGUES TO DO LIKEWISE UNTIL WE MAKE SURE THAT WE'VE HEARD FROM ALL

                    THE STAKEHOLDERS, THEIR WISDOM AND THEIR EXPERIENCE SO THAT WE -- WE

                    GET IT RIGHT THE FIRST TIME.

                                 SO I'LL BE IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 90TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RYAN TO EXPLAIN HIS VOTE.

                                 MR. RYAN:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  WE ALL KNOW THAT NEW YORK STATE'S A -- WE'RE A STATE

                    FULL OF STREAMS, RIVERS, OCEANS, BAYS, THE GREAT LAKES.  WE ARE BLESSED

                    WITH AN ABUNDANCE OF FRESH WATER RESOURCES THROUGHOUT THE STATE.  AND

                    THIS BILL WILL OFFER FURTHER PROTECTIONS TO ENSURE THAT WE MAINTAIN OUR --

                    OUR FRESH WATER STREAMS AND ALSO TO PROTECT OUR DRINKING WATER.  THE

                    BILL -- THE BILL WAS SPECIFICALLY DESIGNED TO LIMIT THE BURDENS ON ANY

                    MUNICIPALITIES.  IT OFFERS BROAD EXEMPTIONS.  AND I THANK THE

                    ENVIRONMENTAL CONSERVATION CHAIR, STEVE ENGLEBRIGHT, FOR HIS SUPPORT

                    ON THIS AND FOR HIS STAFF AS WE WERE GOING THROUGH THIS COMPLICATED

                    EXERCISE.

                                 WITH THAT, I WITHDRAW MY REQUEST TO EXPLAIN MY VOTE

                    AND I VOTE IN THE AFFIRMATIVE.

                                         39



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                                 ACTING SPEAKER AUBRY:  MR. RYAN 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, DO WE

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  WE DO HAVE

                    RESOLUTIONS.  THERE IS A PRIVILEGED RESOLUTION BY MR. SANTABARBARA

                    WHICH WE WILL TAKE UP ONCE IT'S UP ON THE BOARD.

                                 THE CLERK WILL READ THE TITLE OF THE RESOLUTION.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 762, MR.

                    SANTABARBARA.  LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND

                    ACCOMPLISHMENTS OF KIRK DOUGLAS, HOLLYWOOD ICON, NOTED

                    PHILANTHROPIST AND DEVOTED FAMILY MAN.

                                 ACTING SPEAKER AUBRY:  MR. SANTABARBARA ON

                    THE RESOLUTION.

                                 MR. SANTABARBARA:  THANK YOU, MR. SPEAKER.

                    I'M HONORED TO SPONSOR THIS RESOLUTION RECOGNIZING THE LIFE AND

                    ACCOMPLISHMENTS OF ONE OF AMSTERDAM'S FINEST, KIRK DOUGLAS.  I WAS

                    VERY SADDENED TO HEAR OF HIS LOSS AT THE AGE OF 103.  KIRK DOUGLAS,

                    PERHAPS THE CITY OF AMSTERDAM'S MOST FAMOUS NATIVE SON AND A

                    BRILLIANT ACTOR.  IT IS A GREAT LOSS NOT ONLY FOR THE STATE OF NEW YORK,

                    BUT THE ENTIRE COUNTRY.  THE CITY OF AMSTERDAM IS IN MONTGOMERY -- IN

                                         40



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    THE MONTGOMERY COUNTY PORTION OF MY DISTRICT WHERE KIRK DOUGLAS

                    WAS BORN TO JEWISH IMMIGRANTS AND ROSE FROM HUMBLE BEGINNINGS TO

                    BECOME ONE OF HOLLYWOOD'S MOST BELOVED ICONS.  HE WAS RAISED IN

                    WHAT IS KNOWN AS AMSTERDAM'S EAST END.  THROUGHOUT HIS CHILDHOOD

                    AND TEENAGE YEARS HE WORKED MORE THAN 40 JOBS TO SUPPLEMENT HIS

                    FATHER'S INCOME.  HIS FAMILY'S HOME ON EAGLE STREET STILL STANDS THERE

                    TODAY, WHERE HE -- WHERE WE RECENTLY INSTALLED AN HISTORICAL MARKER

                    WHERE HE GREW UP.  IT READS "KIRK DOUGLAS, FILM LEGEND.  BORN

                    DECEMBER 9, 1916 TO IMMIGRANT PARENTS, LIVING AT 46 EAGLE STREET.

                    ROSE FROM POVERTY TO APPEAR IN MORE THAN 90 FILMS IN HOLLYWOOD."  IT

                    REMINDS OF HIS HUMBLE BEGINNINGS WHERE HE ROSE FROM POVERTY TO

                    BECOME AN AWARD-WINNING ACTOR STARRING IN MORE THAN 90 FILMS, AS I

                    JUST SAID.  CLASSICS -- CLASSICS SUCH AS SPARTACUS, YOUNG MAN WITH A

                    HORN AND CHAMPION.  FILMS THAT BRING THE AMSTERDAM COMMUNITY A

                    SPECIAL SENSE OF PRIDE, KNOWING THAT HE STARTED HIS GREAT CAREER ON THE

                    STAGE AT AMSTERDAM'S -- AMSTERDAM HIGH SCHOOL.  AFTER GRADUATING

                    COLLEGE HE WAS AWARDED A SCHOLARSHIP AT THE AMERICAN ACADEMY OF

                    DRAMATIC ARTS IN NEW YORK CITY, MAKING HIS FIRST BROADWAY

                    APPEARANCE IN THE 1941 MUSICAL SPRING AGAIN.  DURING WORLD WAR II

                    HE ALSO SERVED AS A COMMUNICATION OFFICER ON AN ANTI-SUBMARINE CRAFT

                    IN THE PACIFIC THEATER UNTIL HE WAS DISCHARGED AFTER BEING INJURED IN AN

                    EXPLOSION.  HE BEGAN HIS STORIED FILM CAREER IN 1946 AND EARNED HIS

                    FIRST OSCAR NOMINATION THREE YEARS LATER FOR HIS ROLE AS A BOXER, MIDGE

                    KELLY, IN CHAMPION.  HE RECEIVED A GOLDEN -- GOLDEN GLOBE AWARD

                    FOR BEST ACTOR IN A DRAMA IN 1957 FOR HIS PERFORMANCE IN LUST OF LIFE.

                                         41



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    AND HE WAS PRESENTED WITH AN HONORARY ACADEMY AWARD IN 1996 FOR

                    50 YEARS OF CREATIVE AND MORAL -- AND MORAL FORCE IN THE MOTION PICTURE

                    COMMUNITY.  IN 1981 HE RECEIVED THE PRESIDENTIAL MEDAL OF FREEDOM,

                    THE HIGHEST CIVILIAN AWARD IN THE UNITED STATES.

                                 KIRK DOUGLAS AND HIS BELOVED WIFE, ANNE, FOUNDED

                    THE DOUGLAS FOUNDATION AND WERE AN -- WERE AN INCREDIBLY GENEROUS

                    COUPLE, DONATING TO EDUCATIONAL INSTITUTIONS, MEDICAL FACILITIES AND A

                    NUMBER OF NON-PROFIT ORGANIZATIONS.

                                 THERE ARE NO BETTER WORDS TO DESCRIBE THE IMPACT KIRK

                    DOUGLAS LEFT ON THE WORLD BETTER THAN HIS SON, MICHAEL DOUGLAS, WHO

                    WROTE, HIS FATHER'S LIFE WAS WELL-LIVED, AND HE LEAVES A LEGACY OF FILM

                    THAT WILL ENDURE FOR GENERATIONS TO COME, AND A HISTORY AS A RENOWNED

                    PHILANTHROPIST WHO WORKED TO AID THE PUBLIC AND BRING PEACE TO THE

                    PLANET.

                                 SO TODAY I'M HONORED TO SPONSOR THIS RESOLUTION

                    RECOGNIZING HIS LIFE AND HIS ACCOMPLISHMENTS, HIS IMMEASURABLE

                    CONTRIBUTIONS TO HOLLYWOOD'S GOLDEN AGE, AND HIS AMSTERDAM ROOTS

                    WILL ALWAYS BE REMEMBERED.  MAY HE REST IN PEACE.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 WE HAVE NUMEROUS OTHER FINE RESOLUTIONS.  WE WILL

                    TAKE THEM UP ON -- WITH ONE VOTE.

                                 ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                                         42



                    NYS ASSEMBLY                                           FEBRUARY 12, 2020

                    AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 763 AND 764

                    WERE UNANIMOUSLY ADOPTED.)

                                 MRS. PEOPLES-STOKES.

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

                    PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MR. OTIS:  I HOPE MEMBERS OF THE DEMOCRATIC

                    CONFERENCE WILL JOIN US FOR A CONFERENCE IN THE SPEAKER'S CONFERENCE

                    ROOM IMMEDIATELY FOLLOWING THE CONCLUSION OF SESSION.

                                 ACTING SPEAKER AUBRY:  DEMOCRATIC

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY FOLLOWING

                    SESSION.

                                 MRS. PEOPLES-STOKES.

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

                    THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY,

                    FEBRUARY THE 13TH, TOMORROW BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 1:54 P.M., THE HOUSE STOOD ADJOURNED

                    UNTIL THURSDAY, FEBRUARY 13TH AT 10:00 A.M., THAT BEING A SESSION DAY.)







                                         43