TUESDAY, FEBRUARY 27, 2019 1:22 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, FEBRUARY 26TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY FEBRUARY 27, 2019

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

THE 26TH, AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, FOR -- AT

LEAST SINCE THE BEGINNING OF SESSION, WE'VE BEEN STARTING OUT WITH AN

OPPORTUNITY TO QUOTE SOME GREAT AMERICAN OR SOME GREAT PERSON IN OUR

WORLD. TODAY I WOULD LIKE TO ANNOUNCE THAT SPEAKER HEASTIE AND I ARE

PUTTING OUT A PRESS RELEASE AND IT'S GOING TO GO ONLINE, IT'S GOING TO GO

LIVE, AND IT'S ACTUALLY CALLED, "ASPIRE TO INSPIRE." AND THE IDEA IS TO

HAVE NEW YORKERS, TO -- YOUNG PEOPLE OR OLD PEOPLE, STUDENTS OR

COLLEGE STUDENTS TO JOIN US IN SENDING IN QUOTES THAT WILL BE

INSPIRATIONAL, THAT WILL PROMOTE CIVILITY AND THAT WILL ENCOURAGE US IN

OUR WORK THAT WE'RE DOING IN THE STATE LEGISLATURE. THIS IS GOING TO GO

OUT TODAY, MR. SPEAKER. AS YOU KNOW, THERE IS ALREADY SOMETHING THAT

GOES ON IN OUR COUNTRY CALLED KIDS FIRE, WHERE KIDS SAY REALLY NICE

THINGS THAT ARE VERY MEANINGFUL. THEIR PARENTS COULD SEND THOSE IN TO

US, AND THEN WE WOULD HAVE OUR STAFF TO MAKE SURE THAT THINGS ARE

BETTER SO THAT WE'RE NOT SAYING THINGS LIVE THAT ARE NOT NECESSARILY TRUE.

BUT WE WOULD ENCOURAGE ALL NEW YORKERS TO ENGAGE US IN THIS

CAMPAIGN WHICH WE'RE CALLING "ASPIRE TO INSPIRE."

AND WITH THAT, MR. SPEAKER, I WANT TO PROVIDE TODAY'S

QUOTE WHICH IS FROM A GREAT LEADER WHO WAS ASSASSINATED BACK IN THE

'60S WHEN MANY OF US, AGAIN, WERE NOT EVEN BORN, OR EVEN THOUGHT

NYS ASSEMBLY FEBRUARY 27, 2019

ABOUT, SOME OF US WERE AND -- IN OUR FORMIDABLE AGES, BUT THIS QUOTE IS

FROM MALCOLM X, WHO WAS FROM THE GREAT CITY OR AREA OF HARLEM, IN

OUR COLLEAGUE'S INEZ DICKENS' DISTRICT. AND HIS QUOTE THAT I THINK IS --

IS VERY FORMIDABLE FOR TODAY AND ANY TIME, IS THAT, "OF ALL OUR STUDIES,

HISTORY IS BEST QUALIFIED TO REWARD OUR RESEARCH. AND WHEN YOU SEE

THAT YOU HAVE GOT PROBLEMS, ALL YOU HAVE TO DO IS EXAMINE THE HISTORIC

METHOD USED ALL OVER THE WORLD BY OTHERS WHO HAVE HAD THIS PROBLEM

SIMILAR TO YOURS. AND ONCE YOU SEE HOW THEY GOT THEIRS STRAIGHT, THEN

YOU WILL KNOW HOW YOU CAN GET YOURS STRAIGHT." SO, IN OTHER WORDS,

OUR BROTHER MALCOLM WAS SUGGESTING TO US THAT HISTORY BEST REWARDS

OUR RESEARCH, AND WE SHOULD SPEND MORE TIME LOOKING AT HISTORY SO THAT

WE KNOW WHERE WE'RE GOING INTO THE FUTURE.

WITH THAT, MR. SPEAKER, I WILL ALSO MENTION THAT

MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR AND AFTER ANY

INTRODUCTIONS OR HOUSEKEEPING WE WILL CONTINUE OUR -- TO CONSENT NEW

BILLS ON THAT CALENDAR, ON CALENDAR NO. 58, WHICH IS ON PAGE 9. AND

WE ALSO WILL HAVE THE NEED FOR ADDITIONAL COMMITTEE MEETINGS OFF THE

FLOOR -- I BELIEVE CODES IS STILL MEETING RIGHT NOW AND FOLLOWING THAT,

WE WILL DO WAYS AND MEANS AND RULES. THESE COMMITTEES WILL

PRODUCE AN A-CALENDAR, WHICH WE WILL TAKE UP, FOUR BILLS. AND FOR OUR

MAJORITY MEMBERS, THERE IS DEFINITELY A NEED FOR A DEMOCRATIC

CONFERENCE AT THE SESSION OF TODAY AND, CERTAINLY, WE WILL CONSULT WITH

OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO SEE IF THEY HAVE A -- A

SIMILAR REQUEST.

AND SO, MR. SPEAKER, WITH THAT AS A GENERAL OUTLINE, IF

NYS ASSEMBLY FEBRUARY 27, 2019

THERE ARE ANY INTRODUCTIONS AND HOUSEKEEPING, NOW WOULD BE THE

APPROPRIATE TIME.

ACTING SPEAKER AUBRY: CERTAINLY. BUT ONE

CORRECTION, MY COLLEAGUE, MALCOLM LIVED ON 97TH STREET, EAST

ELMHURST, MY BLOCK, IN EAST ELMHURST, QUEENS. JUST SO THAT -- YOU

KNOW, WE -- WE SHARE HIM WITH THE WORLD, BUT --

MRS. PEOPLES-STOKES: THAT -- THAT'S A GREAT --

ACTING SPEAKER AUBRY: -- WE WANT TO BE

HISTORICALLY ACCURATE.

MRS. PEOPLES-STOKES: THAT'S A GREAT CORRECTION.

THAT'S EXACTLY WHERE HE LIVED WHEN HE WAS ASSASSINATED.

ACTING SPEAKER AUBRY: OKAY.

MRS. PEOPLES-STOKES: BUT HE GREW UP IN

HARLEM --

ACTING SPEAKER AUBRY: THAT'S RIGHT.

MRS. PEOPLES-STOKES: -- WAS RAISED IN HARLEM.

ACTING SPEAKER AUBRY: PURPOSES OF A [SIC]

INTRODUCTION, MR. CUSICK.

MR. CUSICK: THANK -- THANK YOU, MR. SPEAKER.

TODAY I RISE FOR A PURPOSE OF AN INTRODUCTION. I -- TODAY I'M

INTRODUCING SOMEONE WHO IS NO STRANGER TO THIS CHAMBER. HE SERVED

HERE FROM 2007 TO 2012, AND IT SEEMS LIKE HE NEVER LEFT HERE. HIS SPIRIT

-- HIS SPIRIT LIVES ON IN THIS CHAMBER. ANY FUNNY STORY ALWAYS INCLUDES

THE NAME LOU TOBACCO. SO, MR. SPEAKER, ON BEHALF OF MY COLLEAGUES

FROM STATEN ISLAND, I WOULD LIKE TO INTRODUCE LOU TOBACCO, WHO'S NO

NYS ASSEMBLY FEBRUARY 27, 2019

LONGER THE ASSEMBLYMAN, BUT HE SERVED STATEN ISLAND SO WELL AS THE

ASSEMBLYMAN, HE CONTINUES HIS WORK FOR OUR COMMUNITY. AND FOR

THAT, MR. SPEAKER, IF YOU COULD OFFER HIM THE CORDIALITIES OF THE HOUSE

AND WELCOME HIM HERE TODAY ON BEHALF OF MY COLLEAGUES FROM STATEN

ISLAND.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CUSICK AND THE STATEN ISLAND DELEGATION AND ALL OF THE MEMBERS

AND THE SPEAKER, LOU, WELCOME BACK. YOU ARE A FORMER MEMBER, YOU

NEED NO REAL INTRODUCTION HERE, AND YOU ALWAYS HAVE THE PRIVILEGES OF

THE FLOOR. GOOD TO SEE YOU HERE, AND WE'RE ALWAYS PLEASED THAT YOU

COME BACK AND JOIN US. THANK YOU AND GOOD LUCK.

(APPLAUSE)

MS. MALLIOTAKIS.

MS. MALLIOTAKIS: THANK YOU, MR. SPEAKER. I'M

VERY HAPPY TO INTRODUCE THE LARGEST EMPLOYER IN MY DISTRICT AND ONE OF

THE LARGEST NON-PROFITS ON STATEN ISLAND, AS WELL, AND THAT IS STATEN

ISLAND UNIVERSITY HOSPITAL AND NORTHWELL HEALTH. TODAY WE ARE VERY

EXCITED TO HAVE EXECUTIVE DIRECTOR, BRAHIM ARDOLIC; FRANK BESIGNANO,

WHO IS THE CHAIRMAN OF THE BOARD OF TRUSTEES; PHIL MANCUSO, WHO IS

THE CHAIRMAN OF FOUNDATION BOARD; JOHN DEMOLEAS, WHO IS THE

ASSOCIATE EXECUTIVE DIRECTOR OF EXTERNAL AFFAIRS; AND LAURA LONGO,

WHO IS THE DIRECTOR OF ONCOLOGY; AND, OF COURSE, AS WAS MENTIONED,

LOU TOBACCO, THE ASSOCIATE EXECUTIVE DIRECTOR OF COMMUNITY AND

GOVERNMENT AFFAIRS. AS I MENTIONED, THEY ARE THE LARGEST EMPLOYER

AND NON-PROFIT ON STATEN ISLAND AND SO, WE ARE VERY EXCITED TO ALSO

NYS ASSEMBLY FEBRUARY 27, 2019

ANNOUNCE THAT THEY ARE THE ONLY -- AND I -- I HATE TO MAKE MY

COLLEAGUES JEALOUS HERE, ONLY ONE HOSPITAL IN ALL OF NEW YORK CITY THAT

EARNED THE HIGHEST RANKING OF THREE STARS FOR CARDIAC BYPASS SURGERY --

HEART SURGERY. AND I'M VERY PROUD TO HAVE THEM IN MY DISTRICT. SO,

WOULD YOU PLEASE WELCOME THEM ON BEHALF OF THE STATEN ISLAND

DELEGATION. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. MALLIOTAKIS, THE STATEN ISLAND DELEGATION, WE WELCOME THESE

HEALTH CARE PROFESSIONALS HERE TO THE NEW YORK STATE ASSEMBLY,

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR AND OUR THANKS AND GRATITUDE

FOR THE SERVICE YOU ARE PROVIDING STATEN ISLAND AND TAKING CARE OF THEIR

HEALTH NEEDS. THANK YOU. AND CONTINUE TO PROSPER AND GROW. THANK

YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, I

UNDERSTAND CODES HAS COMPLETED ITS WORK. WOULD YOU PLEASE CALL

WAYS AND MEANS TO THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: COMMITTEE ON WAYS

AND MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY. THANK YOU.

MR. RA FOR AN INTRODUCTION.

MR. RA: THANK YOU, MR. SPEAKER. ON BEHALF OF

MYSELF, ASSEMBLYMAN TONY D'URSO AND ASSEMBLYWOMAN MISSY

MILLER, I'M VERY PROUD TO RECOGNIZE AND WELCOME TO THE FLOOR STUDENTS

AND REPRESENTATIVES FROM THE HENRY VISCARDI SCHOOL IN ALBERTSON,

NEW YORK DOWN ON LONG ISLAND. WE HAVE TWO STUDENTS WITH US

NYS ASSEMBLY FEBRUARY 27, 2019

TODAY, BORUCK NOJOWITZ AND JAZMINE DURAN, THEY'RE BOTH SENIORS AT THE

HENRY VISCARDI SCHOOL. THEY ARE JOINED WITH A NUMBER OF

ADMINISTRATORS AND TEACHERS, INCLUDING THE PRESIDENT AND CEO OF THE

VISCARDI CENTER AND THE HENRY VISCARDI SCHOOL, JOHN KEMP. THE

HENRY VISCARDI SCHOOL IS A 4201 SCHOOL THAT SERVICES STUDENTS WITH --

WITH PHYSICAL DISABILITIES. AND I'VE BEEN THERE A NUMBER OF TIMES, THEY

DO ABSOLUTELY TREMENDOUS WORK. THEIR STUDENTS HAVE ACHIEVED GREAT,

GREAT THINGS ACADEMICALLY, AND WE'RE -- WE'RE HAPPY TO HAVE THESE TWO

SENIORS VISITING US TODAY, AS WELL AS OTHER REPRESENTATIVES FROM THE

SCHOOL. IF YOU COULD PROVIDE THEM WITH A WELCOME AND THE CORDIALITIES

OF THE HOUSE, I'D APPRECIATE IT. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. RA, MR. D'URSO, MS. MELISSA MILLER, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, THE

PEOPLE'S HOUSE. WE COMMEND YOU ON THE EDUCATIONAL WORK THAT

YOU'RE DOING. WE HOPE THAT YOU WILL CONTINUE THAT WORK AND ALWAYS

KNOW THAT YOU ARE WELCOME HERE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. PALUMBO.

MR. PALUMBO: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN

INTRODUCTION. I'M DELIGHTED TO BE JOINED IN THE CHAMBER TODAY BY

KATHLEEN ZEFF (PHONETIC), WHO HAS NOT BEEN TO THE ALBANY AREA IN

ABOUT 30 YEARS, WHEN SHE WAS HERE VISITING A FRIEND IN COLLEGE, WAS HER

LAST TIME, AND SHE NEVER MADE IT TO THE CHAMBER. BUT FORTUNATELY SHE'S

NYS ASSEMBLY FEBRUARY 27, 2019

HERE TODAY TO WATCH DEMOCRACY AT WORK. AND SHE'S ALSO HERE HELPING

OUT AND ADVOCATING FOR THOSE ISSUES THAT ARE IMPORTANT TO HER. THREE

YEARS AGO SHE SADLY LOST HER HUSBAND IN A -- IN A CONSTRUCTION ACCIDENT.

BUT SHE'S CERTAINLY HERE TODAY TO JOIN US. AND WOULD YOU PLEASE BE SO

KIND AS TO EXTEND THE CORDIALITIES OF THE HOUSE AND THE PRIVILEGES OF THE

FLOOR TO MS. ZEFF.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

BACK TO THE NEW YORK STATE ASSEMBLY; LONG TIME BETWEEN TRIPS, BUT

THAT'S ALL RIGHT. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT

YOUR DAY HERE WILL BE SUCCESSFUL. AND THANK YOU FOR THE WORK THAT

YOU'RE DOING TO HELP OTHERS. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. MELISSA MILLER.

MS. MILLER: THANK YOU, MR. SPEAKER. I WOULD

LIKE TO INTRODUCE HERE TODAY PEOPLE FROM THE CP OF NASSAU COUNTY.

THEY ARE NOT IN MY DISTRICT, THEY'RE ACTUALLY IN TAYLOR RAYNOR'S DISTRICT,

BUT I HAVE A LONG RELATIONSHIP WITH CP NASSAU, SO I WANTED TO HAVE

THEM COME BE INTRODUCED ON THE FLOOR. WE HAVE PATTY VASSILIADOU,

MAURA WACHSBERGER, BOB MCGUIRE AND BOB MASTERSON WITH US TODAY.

THE WORK THAT THEY DO IS JUST EXTRAORDINARY. FROM BIRTH TO -- NO AGE

LIMIT, THEY JUST -- THEY PROVIDE SO MANY SERVICES IN SCHOOL, IN THE

COMMUNITIES WITH THEIR CLINICS, WITH THEIR SCHOOLS, THERE -- IT JUST --

THERE'S NO LIMIT. AND THEY HAVE DONE PHENOMENAL THINGS, AND CONTINUE

TO. THEY'RE JUST SUCH A WONDERFUL PROGRAM. SO WOULD YOU PLEASE

NYS ASSEMBLY FEBRUARY 27, 2019

WELCOME THEM TO THE HOUSE AND OFFER ALL THE CORDIALITIES.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. MILLER, MS. RAYNOR, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU DISTINGUISHED VISITORS TO THE FLOOR. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR, HOPE THAT YOU WILL ENJOY YOUR DAY IN ALBANY

AND COMMEND YOU FOR THE WORK THAT YOU DO TO HELP OTHER PEOPLE.

THANK YOU SO VERY MUCH. AND CONTINUE THAT GREAT WORK.

(APPLAUSE)

MR. BENEDETTO.

MR. BENEDETTO: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT THE PROCEEDINGS TO MAKE AN ANNOUNCEMENT,

SOME VERY SPECIAL PEOPLE WHO ARE HERE TODAY, AND I WAS FORTUNATE

ENOUGH TO HAVE SO MANY OF THESE FINE PEOPLE AT MY EDUCATION MEETING

THIS MORNING. PICKING UP WHERE MR. RA LEFT OFF ABOUT THE FINE FOLKS

FROM THE HENRY VISCARDI SCHOOL, WE HAVE OTHER SCHOOLS WHICH ARE

CLASSIFIED 4201 THAT HAVE COME FROM ALL AROUND THE STATE, BE IT BUFFALO

OR ROCHESTER OR THE BRONX BRINGING THEIR STUDENTS UP HERE TODAY.

THEY ARE SCHOOLS, THE 4201 SCHOOLS, THAT TEACH SOME

OF THE CHILDREN THAT NEED HELP THE MOST; THOSE WHO ARE BLIND, THOSE

WHO ARE DEAF. AND OUT OF THIS POPULATION, THEY ARE PRODUCING SCHOLARS

WITH AN ENORMOUS AMOUNT OF TALENT. WE WELCOME THE ADMINISTRATORS,

THE TEACHERS AND MOST OF ALL, THE STUDENTS THAT HAVE SPENT THE DAY HERE

UP IN ALBANY. WE HOPE IT WAS -- BEEN BENEFICIAL TO YOU; IT CERTAINLY

WAS INFORMATIVE TO ALL OF US. AND I WOULD ALSO ASK THAT YOU WELCOME

ALL THE REPRESENTATIVES OF THE 4201 SCHOOLS WHO ARE HERE TODAY. THANK

NYS ASSEMBLY FEBRUARY 27, 2019

YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BENEDETTO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME ALL OF

YOU WHO REPRESENT 40021 [SIC] SCHOOLS -- 4201 SCHOOLS HERE TO THE

NEW YORK STATE ASSEMBLY, TO THE PEOPLE'S HOUSE. WE EXTEND TO YOU

THE PRIVILEGES OF THE FLOOR, HOPE THAT YOUR TIME HERE HAS BEEN

BENEFICIAL, HOPE THAT YOU KNOW YOU ARE ALWAYS WELCOME ANY TIME YOU

COME. THANK YOU SO VERY MUCH AND WE'RE HAPPY TO HAVE YOU.

(APPLAUSE)

MRS. GALEF.

MRS. GALEF: THANK YOU, MR. SPEAKER. THE

MAJORITY LEADER INDICATED THAT THERE ARE EXCEPTIONAL PEOPLE, GREAT

PEOPLE THAT INSPIRE US. AND I HAVE AS A GUEST TODAY SOMEBODY WHO IS

SUCH AN INSPIRATION IN OUR COMMUNITY. REVEREND JEANETTE PHILLIPS IS

HERE IN RECOGNITION OF BLACK HISTORY MONTH. AND REVEREND PHILLIPS

WAS ONE WHO STARTED -- WHO HAD A VISION ABOUT 40 YEARS AGO IN THE '70S

THAT WE NEEDED HEALTH CARE CLINICS, WE NEEDED HEALTH SERVICES IN

NORTHERN WESTCHESTER, AND FOR PEOPLE THAT HAVE TO TRAVEL VERY, VERY

LONG DISTANCES TO GET HEALTH CARE WAS NOT RIGHT. AND SO, SHE WORKED

WITH OTHER FRIENDS AND LED THEM TO MAKE SURE THAT IN THE PEEKSKILL

COMMUNITY THAT AN AMBULATORY HEALTH CARE CENTER OPENED IN 1975.

AND NOW THAT CENTER HAS GONE ON, AND SHE IS THE EXECUTIVE VICE

PRESIDENT OF COMMUNITY DEVELOPMENT, BUT THAT CENTER HAS GONE ON TO

HAVE 43 HEALTH CENTERS THROUGHOUT THE HUDSON VALLEY, NEW YORK CITY

AND LONG ISLAND. AND THAT, I WOULD SAY, IS SO INSPIRATIONAL.

NYS ASSEMBLY FEBRUARY 27, 2019

SHE ALSO SERVES AS A REVEREND AT THE -- SHE'S AN

ASSOCIATE MINISTER OF THE PARKS STREET AFRICAN METHODIST EPISCOPAL

ZION CHURCH. AND IF I -- IF I CONNECTED WITH THE FACT THAT WE DID NOT

HAVE A MINISTER HERE TODAY, AND JEANETTE'S SITTING THERE, WE COULD'VE

DONE SOMETHING ABOUT IT. SO, I'M VERY, VERY SORRY. SHE IS A GREAT ASSET

TO THE STATE OF NEW YORK AND TO THE MEDICAL COMMUNITY AND THE

HEALTH CARE COMMUNITY. AND IT IS OUR PRIVILEGE TO HAVE HER HERE TODAY.

AT THE END OF THE DAY, WE WILL BE VOTING ON A RESOLUTION IN SUPPORT OF

REVEREND PHILLIPS AND DURING THE BLACK HISTORY MONTH. SO, I WOULD

ASK FOR YOU TO GIVE ALL YOUR CORDIALITIES TO REVEREND PHILLIPS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. GALEF, THE SPEAKER AND ALL THE MEMBERS, REVEREND PHILLIPS,

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

PRIVILEGES OF THE FLOOR. WE HOPE THAT THIS IS A SMALL TOKEN TO REWARD

YOU FOR THE WORK THAT YOU'VE DONE IN YOUR LIFE. CONGRATULATIONS. AND

EVEN THOUGH YOU DIDN'T COME AND OFFER US PRAYER, WE HOPE YOU WILL

KEEP US IN YOUR PRAYERS, BECAUSE WE NEED THAT ALL THE TIME. THANK YOU

SO VERY MUCH, AND CONGRATULATIONS.

(APPLAUSE)

MS. FAHY.

MS. FAHY: THANK YOU. THANK YOU, MR. SPEAKER. I

RISE FOR AN INTRODUCTION. TODAY IS LIBRARY ADVOCACY DAY AND IT GIVES

ME GREAT PLEASURE TO -- TO WELCOME, ON BEHALF OF MYSELF AND

ASSEMBLYMAN JOHN MCDONALD, IT GIVES ME GREAT PRIVILEGE TO WELCOME

THE ALBANY HIGH SCHOOL BOOK CLUB. THEY RETURN TODAY TO THE CAPITOL

NYS ASSEMBLY FEBRUARY 27, 2019

TO SHOW THEIR SUPPORT FOR LIBRARIES, AND JOINING MANY, MANY ADVOCATES

TODAY. THIS IS A VERY POPULAR AFTER-SCHOOL PROGRAM WHICH FEATURES

AUTHORS' VISITS, FIELD TRIPS, LIBRARY EVENTS, AND IT STRESSES THE VALUES OF

LIBRARIES IN OUR SCHOOLS AND IN OUR COMMUNITIES. THESE STUDENTS

ANNUALLY CONDUCT FUNDRAISERS, HOLD -- HOST AUTHORS, THEY DO A LIBRARY

LOCK-IN, AND -- AND EVEN CELEBRATE A FREE COMIC BOOK DAY.

I'M GOING TO NAME THE -- THE STUDENTS BRIEFLY: IT'S

BREONA THOMAS, DANVASS GEKONGE, GEORGE POUNDS, ISAIAH BUDDEAU,

JADAN MOORE, JIHANA JITU, KARLA GERONIMO RODRIGUEZ, LULHEILY COLON,

MEHREEN KHAN, NUMAIR KHAN, SAIARA ALAM, SHAMYLA BHATTI, VAUGHN

ALBERT, CARRIE BIRCH (PHONETIC), AND THEN WE HAVE A FEW OF THEIR

INSTRUCTORS AND ADULTS WITH US, AND IT'S SUSAN D'ENTREMONT; JEN KANEL

(PHONETIC); KRISTEN MAJKUT, THE ALBANY HIGH LIBRARIAN, AND EMILY

VISCUSO, THE -- THE U-ALBANY SCHOOL LIBRARIAN, AND DANIEL MOORE.

I AM MY -- THIS IS THE SCHOOL THAT BOTH OF MY CHILDREN

GRADUATED FROM, SO IT MAKES ME A LITTLE HOMESICK TO SEE THAT MY OWN

TWO AREN'T WITH THEM, THEY'RE BOTH RECENT GRADUATES. AND IF YOU WOULD,

MR. -- MS. SPEAKER, IF YOU WOULD PLEASE GRANT THEM THE CORDIALITIES --

WELCOME THEM AND GRANT THEM THE CORDIALITIES OF THE HOUSE. THANK

YOU.

ACTING SPEAKER MCMAHON: CERTAINLY. ON

BEHALF OF MS. FAHY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

THESE DISTINGUISHED GUESTS TO THE CHAMBER, EXTEND THE PRIVILEGES OF THE

FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU FOR JOINING US.

(APPLAUSE)

NYS ASSEMBLY FEBRUARY 27, 2019

MRS. PEOPLES-STOKES FOR AN INTRODUCTION.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. I RISE TO -- ON BEHALF OF MYSELF AND ALL THE WOMEN OF THE

LEGISLATURE, PARTICULARLY ASSEMBLYWOMAN NILY ROZIC, TO INTRODUCE

MEMBERS OF -- WOMEN WHO ARE HERE IN OUR CHAMBERS TODAY WHO ARE

FROM THE UNIVERSITY OF MASSACHUSETTS WOMEN IN LEADERSHIP - ARE THEY

STILL HERE? THERE THEY ARE.

MADAM SPEAKER, THESE WOMEN WORK HARD AND TRAIN IN

PROFESSIONAL DEVELOPMENT TO WORK ON THEIR LEADERSHIP SKILLS. MOST OF

THESE ARE STUDENTS THAT ARE WITH THEM, HOWEVER, MICHELLE GONCALVES IS

THE UNIVERSITY OF MASSACHUSETTS DEPUTY CHANCELLOR, IS WITH THEM HERE

TODAY. SO, MADAM LEADER, AS YOU KNOW, WE DO NEED WOMEN PREPARED

FOR LEADERSHIP. SO, IF YOU COULD EXTEND TO THESE WONDERFUL WOMEN THE

CORDIALITIES OF OUR FLOOR AND WELCOME THEM HERE, I WOULD BE GREATLY

APPRECIATIVE.

ACTING SPEAKER MCMAHON: THANK YOU, MRS.

PEOPLES-STOKES. ON BEHALF OF MRS. PEOPLES-STOKES AND MS. ROZIC, THE

SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE DISTINGUISHED

STUDENTS FROM THE UNIVERSITY OF MASSACHUSETTS TO THE CHAMBER. I HAD

THE PRIVILEGE OF MEETING AND SPEAKING WITH THEM EARLIER, THEY'RE

DELIGHTFUL AND VERY COMMITTED. WE EXTEND THE PRIVILEGES OF THE FLOOR

AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU SO MUCH FOR JOINING

US.

(APPLAUSE)

RESOLUTIONS ON PAGE 3, CLERK WILL READ.

NYS ASSEMBLY FEBRUARY 27, 2019

THE CLERK: ASSEMBLY RESOLUTION NO. 119, MR.

JONES. LEGISLATION RESOLUTION MEMORIALIZING GOVERNOR M. CUOMO TO

PROCLAIM FEBRUARY 2019 AS PARENT RECOGNITION MONTH IN THE STATE OF

NEW YORK.

ACTING SPEAKER MCMAHON: ON THE

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

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 120, MS.

JOYNER. LEGISLATION RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 2ND, 2019 AS READ ACROSS AMERICA DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER MCMAHON: ON THE

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

RESOLUTION IS ADOPTED.

PAGE 9, CALENDAR NO. 58, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01945, CALENDAR NO.

58, ZEBROWSKI, GALEF, CAHILL, COLTON, ABBATE, GUNTHER, M. G. MILLER,

SEAWRIGHT, BICHOTTE, BRONSON, OTIS, WEPRIN, WALLACE, CRUZ. AN ACT TO

AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO ESTABLISHING A

TIME PERIOD IN WHICH AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING

FROM DOMESTIC VIOLENCE MUST BE BROUGHT.

ACTING SPEAKER MCMAHON: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A02331, CALENDAR NO.

59, DINOWITZ, DENDEKKER, M. G. MILLER, BRONSON, MOSLEY,

NYS ASSEMBLY FEBRUARY 27, 2019

CYMBROWITZ, BENEDETTO, SIMOTAS, CUSICK, GUNTHER, GOTTFRIED,

PICHARDO, BARRON, COOK, GALEF, COLTON, ARROYO, CRESPO, HUNTER, PERRY.

AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW AND THE EXECUTIVE LAW,

IN RELATION TO ENABLING VETERANS AND RESERVISTS TO RECEIVE BENEFIT

INFORMATION UPON APPLYING FOR OR RENEWING A DRIVER'S LICENSE.

ACTING SPEAKER MCMAHON: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER MCMAHON: THE CLERK WILL

RECORD THE VOTES.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES: MADAM SPEAKER, I

REALIZE THAT WE HAVE A LOT OF MEMBERS THAT ARE IN WAYS AND MEANS, BUT

FOR THE MEMBERS THAT ARE IN THE CHAMBERS OR ANYWHERE NEAR AND

AROUND, IF YOU COULD PLEASE CAST YOUR VOTE, THIS IS OUR FIRST VOTE OF THE

DAY. THERE ARE A FEW OTHERS THAT WE HAVE TO GET THROUGH, BUT WITH --

THE FASTER WE GET THROUGH, THE SOONER WE'LL BE DONE. MADAM SPEAKER,

IF YOU COULD HAVE MEMBERS PLEASE COME IN AND VOTE.

ACTING SPEAKER MCMAHON: FIRST VOTE OF THE

DAY. MEMBERS, PLEASE VOTE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, WAYS

AND MEANS HAS COMPLETED ITS WORK. WOULD YOU PLEASE CALL THE RULES

COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM, IMMEDIATELY.

NYS ASSEMBLY FEBRUARY 27, 2019

ACTING SPEAKER MCMAHON: RULES

COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

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, MADAM

SPEAKER, FOR THE OPPORTUNITY TO, ON BEHALF OF OUR COLLEAGUE, MICHAEL

MILLER, INTRODUCE SOME GUESTS HE HAS IN THE CHAMBERS. THEY'RE FROM

THE NEW AMERICAN VOTERS NEPALI SOCIETY: MOHAN GYAWALI CHHETRI,

DR. DILIP NATH, ROKAYA AKHTER AND GYANAL THAPA. IF YOU WOULD

PLEASE WELCOME THESE GUESTS ON BEHALF OF OUR COLLEAGUE, MR. MILLER,

MADAM SPEAKER, WE WOULD DEFINITELY APPRECIATE IT.

ACTING SPEAKER MCMAHON: ON BEHALF OF MR.

MICHAEL MILLER AND MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME THESE DISTINGUISHED GUESTS TO THE CHAMBER,

EXTEND THE PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS.

THANK YOU FOR JOINING US TODAY.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02374, CALENDAR NO.

60, DINOWITZ, BUCHWALD, GOTTFRIED, SIMON, SEAWRIGHT, SIMOTAS,

BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUNSTEIN,

WILLIAMS, OTIS, L. ROSENTHAL, SANTABARBARA, GALEF. AN ACT TO AMEND

THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING A CONSUMER CREDIT

NYS ASSEMBLY FEBRUARY 27, 2019

REPORTING AGENCY TO OFFER IDENTITY THEFT PREVENTION AND MITIGATION

SERVICES IN THE CASE OF A BREACH OF THE SECURITY OF SUCH AGENCY'S

SYSTEM.

ACTING SPEAKER MCMAHON: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

ACTING SPEAKER MCMAHON: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02501, CALENDAR NO.

61, ENGLEBRIGHT, THIELE, COLTON, GALEF, L. ROSENTHAL, FAHY, ABINANTI,

OTIS, PICHARDO, GOTTFRIED, GLICK, D'URSO, FERNANDEZ, WEPRIN. AN ACT

TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE

REDUCTION OF MERCURY IN MERCURY-ADDED LAMPS.

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.)

NYS ASSEMBLY FEBRUARY 27, 2019

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

WOULD ADVANCE THE A-CALENDAR, WHICH WE ALL NOW HAVE ON OUR DESKS,

AND WE WILL START ON PAGE 3 WITH RULES REPORT NO. 30, MR. DILAN.

ACTING SPEAKER AUBRY: ON MRS.

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

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03425, RULES REPORT

NO. 30, DILAN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

EXPANDING THE SCOPE OF UNLAWFUL DISCRIMINATORY PRACTICES TO INCLUDE

PUBLIC EDUCATIONAL INSTITUTIONS.

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. A04204, RULES REPORT

NO. 31, WEPRIN, CAHILL, PAULIN, RAMOS, M. G. MILLER, QUART, AUBRY,

SEAWRIGHT, BARRON, VANEL, HEVESI. AN ACT TO AMEND THE EXECUTIVE

LAW, IN RELATION TO PROHIBITING DISCRIMINATION AGAINST RELIGIOUS ATTIRE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

NYS ASSEMBLY FEBRUARY 27, 2019

REQUESTED, MR. WEPRIN.

MR. WEPRIN: THANK YOU, MR. SPEAKER. A4977

ADDS LANGUAGE TO PARAGRAPH (A) OF SUBDIVISION 10 OF SECTION 296 OF THE

EXECUTIVE LAW, ALSO KNOWN AS THE NEW YORK STATE HUMAN RIGHTS

LAW, TO CLARIFY THAT IT IS AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN

EMPLOYER TO REQUIRE A PERSON TO VIOLATE OR FOREGO THE WEARING OF

RELIGIOUS ATTIRE OR FACIAL HAIR IN ACCORDANCE WITH REQUIREMENTS OF HIS OR

HER RELIGION, UNLESS THE EMPLOYER DEMONSTRATES THAT IT IS UNABLE TO

REASONABLY ACCOMMODATE THE PERSON'S RELIGIOUS PRACTICE WITHOUT UNDUE

HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S BUSINESS.

ACTING SPEAKER AUBRY: MR. RA.

BUT BEFORE MR. RA, MEMBERS, WE ARE ON DEBATE.

PLEASE, IF YOU'RE HAVING CONFERENCES IN THE AISLES, PLEASE TAKE THEM TO

THE BACK.

PROCEED, MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

MR. WEPRIN: ABSOLUTELY.

ACTING SPEAKER AUBRY: MR. WEPRIN YIELDS.

MR. RA: THANK YOU. WE JUST A HAD A COUPLE OF

QUESTIONS WITH REGARD TO THIS. MY UNDERSTANDING, THIS CAME ABOUT AS A

RESULT OF A SITUATION WITH -- WITH AN INDIVIDUAL IN A -- IN A UNIFORM.

MR. WEPRIN: YES.

MR. RA: CORRECT? SO, IT'S DESIGNED TO ADDRESS THOSE

TYPES OF SITUATIONS. BUT I'M JUST WONDERING WHETHER -- IS THE EXCEPTION

NYS ASSEMBLY FEBRUARY 27, 2019

APPLICABLE, SAY, IN A SITUATION WHERE THERE'S A SAFETY -- MAYBE IT'S, YOU

KNOW, A FACTORY FLOOR OR SOMETHING OF THAT -- OF THAT NATURE, WHERE THE

PIECE OF ATTIRE COULD -- COULD BECOME, YOU KNOW, ENTANGLED OR BE A

SAFETY PROBLEM?

MR. WEPRIN: ABSOLUTELY, THAT WOULD COME UNDER

THE EXCEPTION THAT THE EMPLOYER WOULD DEMONSTRATE THAT THERE'S A

DANGER TO PUBLIC SAFETY, TO THE INDIVIDUAL OR OTHERS, AND THAT WOULD

CERTAINLY COME UNDER THE RELIGIOUS -- THE EXCEPTION.

MR. RA: OKAY. AND THEN, ALSO IN SOMEWHAT OF A

SIMILAR CIRCUMSTANCE, BUT -- BUT NOT DIRECTLY A SAFETY ISSUE, BUT -- OR

PERHAPS A SANITARY ISSUE, YOU KNOW, IN A -- IN A FOOD ESTABLISHMENT

SITUATION, WOULD THAT ALSO BE WITHIN THE EXCEPTION?

MR. WEPRIN: WELL, IT WOULD BE UP TO THE EMPLOYER

TO ESTABLISH THAT THERE -- THAT THERE'S A PROBLEM.

MR. RA: OKAY.

MR. WEPRIN: BUT IF HE -- IF HE COULD SHOW THAT IT

WAS A PROBLEM FOR SAFETY OF A -- THE INDIVIDUAL OR OTHERS THROUGH THE

FOOD INDUSTRY, THAT COULD BE -- THAT WOULD BE AN EXCEPTION.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU. I -- I THANK MR. WEPRIN FOR --

FOR ANSWERING THE QUESTIONS. THIS IS CERTAINLY, YOU KNOW, RELIGIOUS

FREEDOM AND PEOPLE BEING ABLE TO DRESS IN ACCORDANCE WITH -- WITH

THEIR BELIEFS AND AS REQUIRED BY THEIR BELIEFS IS CERTAINLY SOMETHING THAT

NYS ASSEMBLY FEBRUARY 27, 2019

WE SHOULD PROTECT AND, YOU KNOW, IS A LAUDABLE GOAL. I DO HOPE THAT AS

WE, YOU KNOW, LOOK AT THIS ISSUE GOING FORWARD IF -- IF ANY OF THOSE

TYPES OF ISSUES COME UP, THAT WE MAKE SURE IT'S -- IT'S CLEAR THAT IN THOSE

CIRCUMSTANCES THAT -- THAT THE EMPLOYER, YOU KNOW, WHO WAS MAKING A

REASONABLE ATTEMPT TO -- TO ACCOMMODATE THE EMPLOYEE, BUT -- BUT HAS,

YOU KNOW, A SAFETY OR SANITARY CONCERN RELATED TO THE OPERATING OF THEIR

BUSINESS, THAT WE MAKE SURE THAT THEY ARE -- THEY ARE PROTECTED AS WELL.

SO, I KNOW A NUMBER OF OUR COLLEAGUES HAVE VOTED AGAINST THIS IN THE

PAST FOR, YOU KNOW, WITH -- WITH REGARD TO THOSE CONCERNS, BUT -- BUT I

HOPE THAT, YOU KNOW, GOING FORWARD WE CAN -- WE CAN CONTINUE IF WE

NEED TO FURTHER ADDRESS THE ISSUE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION --

MR. EICHENSTEIN.

MR. EICHENSTEIN: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. EICHENSTEIN: THANK YOU, MR. SPEAKER. I

RISE TODAY TO VOICE MY SUPPORT FOR THE PROPOSED LEGISLATION PROHIBITING

DISCRIMINATION AGAINST RELIGIOUS ATTIRE. BEING THAT FREEDOM OF RELIGIOUS

EXPRESSION IS ONE OF THE MOST BASIC VALUES THIS COUNTRY WAS FOUNDED

ON, I'M STUNNED THAT THIS ISSUE IS STILL UP FOR DEBATE IN 2019. HIJABS,

TURBANS, YARMULKES, THESE ARE GARMENTS WORN BY RELIGIOUS INDIVIDUALS

AS A PRACTICE OF OUR FAITH. NOBODY SHOULD EVER BE FORCED TO CHOOSE

BETWEEN THEIR EMPLOYMENT OR THEIR RELIGION AND TODAY, WE CAN MAKE A

STEP -- WE CAN TAKE A STEP FORWARD ON THE ROAD TOWARDS ERADICATING

NYS ASSEMBLY FEBRUARY 27, 2019

DISCRIMINATION AND INTOLERANCE. AND I WOULD LIKE TO THANK THE SPONSOR

FOR BRINGING THIS ISSUE FORWARD.

AS THE MOST DIVERSE STATE IN THE NATION, WE NEED TO

LEAD BY EXAMPLE WHEN IT COMES TO EMPLOYMENT DISCRIMINATION, JUST AS

I AM FORTUNATE ENOUGH TO STAND HERE TODAY AS A MEMBER OF THIS BODY

AND I DON'T HAVE TO COMPROMISE MY DRESS, MY BELIEFS, MY VALUES, MY

WAY OF LIFE, BECAUSE THIS IS THE UNITED STATES OF AMERICA, ONE NATION

UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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.)

MR. WEPRIN TO EXPLAIN HIS VOTE.

MR. WEPRIN: THANK YOU, MR. SPEAKER. I'D LIKE --

I'M OPTIMISTIC THAT THIS BILL MAY FOR THE VERY FIRST TIME ACTUALLY PASS IN

THE STATE SENATE. AND I'D LIKE TO DEDICATE THE BILL TO KEVIN HARRINGTON.

THE STORY OF KEVIN HARRINGTON IS WHAT PROMPTED ME TO INTRODUCE THIS

LEGISLATION. KEVIN HARRINGTON WAS BORN AN IRISH CATHOLIC WHO

CONVERTED TO SIKHISM MANY YEARS AGO. AND HE WAS A TRAIN OPERATOR AT

THE FRONT OF THE TRAIN FOR THE E-TRAIN, WHICH THOSE OF YOU FROM QUEENS

AND NEW YORK CITY KNOW GOES IN -- INTO AND OUT OF THE WORLD TRADE

NYS ASSEMBLY FEBRUARY 27, 2019

CENTER. AND HE WAS A HERO DURING 9/11. HE ACTUALLY DROVE THE E-TRAIN

BACK AND FORTH WHILE THE BUILDINGS WERE BURNING IN THE WORLD TRADE

CENTER AND ACTUALLY RESCUED HUNDREDS OF INDIVIDUALS AND BROUGHT THEM

TO THEIR SAFETY WHILE HE WAS RISKING HIS LIFE. BUT HOW DID -- WHAT DID

THE MTA DO TO REWARD HIM? WHAT HAPPENED WAS, AFTER 9/11, THE

MTA GOT HUNDREDS AND HUNDREDS OF CALLS FROM PEOPLE FROM THE PUBLIC

COMPLAINING THAT THERE WAS A TERRORIST DRIVING THE E-TRAIN. AND WHY

DID THEY SAY THAT? BECAUSE HE HAD A LONG BEARD AND A TURBAN, AND

RESEMBLED OSAMA BIN LADEN. SO, FOR THE KEVIN HARRINGTON'S OF THE

WORLD AND TO PUT AN END TO IGNORANCE AND DISCRIMINATION, I WITHDRAW

MY REQUEST AND PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05975, RULES REPORT

NO. 32, REYES. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

AMENDING THE DEFINITION OF PREGNANCY-RELATED CONDITION.

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. REYES TO EXPLAIN HER VOTE.

NYS ASSEMBLY FEBRUARY 27, 2019

MS. REYES: GOOD AFTERNOON. SO, I JUST WANT TO

SPEAK ON THE BILL TO EXPLAIN MY VOTE. HUMAN MILK IS THE MOST NATURAL

AND MOST COMPLETE SOURCE OF NUTRITION FOR INFANTS. THE VALUE OF

BREASTFEEDING FOR INFANT NUTRITION AND MATERNAL HEALTH OUTCOMES HAS

BEEN LONG RECOGNIZED. FOR MOTHERS, BREASTFEEDING HAS BEEN FOUND TO

REDUCE THE RISK OF BREAST CANCER, OVARIAN CANCER, FOR INFANTS IT HELPS

BUILD IMMUNITY. THIS -- THOUGH WE HAVE PASSED LEGISLATION THAT

PROTECTS PREGNANCY-RELATED CONDITIONS, THIS BILL AMENDS THE DEFINITION

OF PREGNANCY-RELATED CONDITIONS TO INCLUDE LACTATION. I THINK IN THE

INTERESTS OF THE HEALTH OF OUR INFANTS AND THE HEALTH OF OUR MOTHERS AND

FAMILIES, WE SHOULD BE REQUIRING EMPLOYERS TO PROVIDE REASONABLE

ACCOMMODATIONS FOR MOTHERS TO BREASTFEED. THANK YOU. I WILL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. REYES IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

CONGRATULATIONS, MS. REYES, YOUR FIRST, I BELIEVE.

(APPLAUSE)

GREAT BILL.

(APPLAUSE)

IT ONLY HAPPENS ONCE, MS. REYES.

(LAUGHTER)

THE CLERK WILL READ.

NYS ASSEMBLY FEBRUARY 27, 2019

THE CLERK: ASSEMBLY NO. A05976, RULES REPORT

NO. 33, WRIGHT, PEOPLES-STOKES, BARRON, BICHOTTE, COOK, CRESPO, DE

LA ROSA, GALEF, O'DONNELL, ROZIC, SEAWRIGHT, SIMON, TAYLOR, L.

ROSENTHAL, HUNTER, GLICK, ARROYO, ORTIZ, NIOU, GOTTFRIED, SIMOTAS,

WALLACE, OTIS, BRONSON, WEPRIN, FALL. AN ACT TO AMEND THE STATE

FINANCE LAW, THE CIVIL PRACTICE LAW AND RULES THE PUBLIC OFFICERS

LAW, THE GENERAL OBLIGATIONS LAW, THE LABOR LAW AND THE EXECUTIVE

LAW, IN RELATION TO DISCRIMINATION.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WRIGHT.

MS. WRIGHT: THIS BILL IS A MEASURE TO ASSIST OUR

SMALL -- ALL OF OUR BUSINESSES IN NEW YORK STATE IN HELPING THEM TO

CREATE SAFE AND NON-DISCRIMINATORY WORKPLACES. DISCRIMINATION IS

TOXIC TO OUR WORK ENVIRONMENTS AND THIS LEGISLATION IS A

COMPREHENSIVE MEASURE TO ASSIST EMPLOYERS AND EMPLOYEES IN

MAINTAINING A WORKPLACE FREE OF DISCRIMINATION. IT PROVIDES

DISCRIMINATION PREVENTION POLICY, AS WELL AS TRAINING MATERIALS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

WRIGHT?

MS. WRIGHT: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MS. WRIGHT.

NYS ASSEMBLY FEBRUARY 27, 2019

TO BE CLEAR, NONE OF US IN THIS ROOM SUPPORT DISCRIMINATION IN THE

WORKPLACE.

MS. WRIGHT: DEFINITELY.

MR. GOODELL: SO, THE QUESTION BEFORE US IS NOT

WHETHER OR NOT WE SUPPORT DISCRIMINATION, BUT WHETHER OR NOT WE

SUPPORT THE LANGUAGE OF THIS BILL, WHICH MAY OR MAY NOT BE THE SAME,

RIGHT?

MS. WRIGHT: I CAN -- I CAN AGREE TO THAT.

MR. GOODELL: SO, I WANTED TO START BY FIRST ASKING

YOU TO KIND OF DEFINE THE SCOPE OF THIS BILL. IN PREVIOUS BILLS WHERE WE

REQUIRED EMPLOYERS TO PROVIDE ANTI-DISCRIMINATION TRAINING AND A

PROGRAM AND WHATNOT AND WE JUST KICKED THAT OFF THIS YEAR, EMPLOYERS

ALL ACROSS THE STATE DID THAT, BUT WE LIMITED THAT MANDATE TO EMPLOYERS

WITH FOUR OR MORE EMPLOYEES. THIS BILL ELIMINATES THE REQUIREMENT

THAT THERE BE AT LEAST FOUR EMPLOYEES, CORRECT?

MS. WRIGHT: IT DOES.

MR. GOODELL: AND SO, THIS BILL WOULD NOW APPLY

TO ANY EMPLOYER, EVEN IF IT WAS ONE JUST EMPLOYEE.

MS. WRIGHT: YES.

MR. GOODELL: AND IT LIKEWISE IT WOULD APPLY

EVEN IF THAT ONE EMPLOYEE WAS PART-TIME?

MS. WRIGHT: YES.

MR. GOODELL: OR SEASONAL?

MS. WRIGHT: YES.

MR. GOODELL: OR PART-TIME AND SEASONAL?

NYS ASSEMBLY FEBRUARY 27, 2019

MS. WRIGHT: YES.

MR. GOODELL: SO, IF YOU HAD SOMEBODY THAT WAS

WORKING FOR, YOU SAY, FOUR HOURS A MONTH, CAME IN ONE DAY A WEEK,

YOU WOULD BE OBLIGATED TO PROVIDE A [SIC] ANTI-DISCRIMINATION TRAINING

PROGRAM THAT'S INTERACTIVE AS APPROVED BY THE DEPARTMENT OF LABOR?

MS. WRIGHT: AND PROVIDE -- IT WILL BE NOT ONLY

MANDATED BY THE DEPARTMENT OF LABOR, BUT DESIGNED AND OFFERED TO

YOU FREE OF CHARGE BY THE DEPARTMENT OF LABOR.

MR. GOODELL: NOW, HOW LONG DOES THIS

INTERACTIVE DISCRIMINATION PROGRAM, HOW LONG DOES IT TAKE TO GO

THROUGH IT?

MS. WRIGHT: APPROXIMATELY -- I BELIEVE IT'S AN

HOUR OF TRAINING.

MR. GOODELL: OKAY. AND THIS WOULD APPLY IN THE

MORE IMMEDIATE CONTEXT DEALING WITH MOST OF OUR RESIDENTS, ANY TIME

YOU HAD AN EMPLOYER-EMPLOYEE RELATIONSHIP, WITH A FEW EXCEPTIONS FOR

A PARENT-CHILD, SO YOU WOULDN'T HAVE TO GIVE DISCRIMINATION TRAINING IF

YOU WERE HIRING YOUR CHILD.

MS. WRIGHT: RIGHT.

MR. GOODELL: OR BETWEEN A SPOUSE.

MS. WRIGHT: YES.

MR. GOODELL: I, LIKE MANY MEN, GET REGULAR

TRAINING BY OUR SPOUSE ON A RAFT-LOAD OF ISSUES ALREADY, AND THE ANSWER,

BY THE WAY, IS YES, DEAR.

MS. WRIGHT: (LAUGHTER) GOOD ANSWER.

NYS ASSEMBLY FEBRUARY 27, 2019

MR. GOODELL: IT DIDN'T REALLY TAKE ME AN HOUR TO

FIGURE THAT OUT, BUT...

BUT IT WOULD ALSO NOT APPLY TO CERTAIN DOMESTIC

WORKERS, CORRECT?

MS. WRIGHT: RIGHT, THAT IS CORRECT.

MR. GOODELL: BUT THIS IS NOT TRIGGERED BY

WHETHER OR NOT THE EMPLOYER IS COMPLYING WITH OUR LABOR LAWS IN

TERMS OF FILING A W-2, RIGHT? IT WOULD APPLY WHETHER OR NOT YOU DO A

W-2 OR A 1099?

MS. WRIGHT: NO, I DON'T THINK THAT THAT IS CLEAR

BECAUSE PEOPLE WHO PROVIDE 1099S DO NOT CONSIDER THOSE WORKERS AS

THEIR EMPLOYEES. THOSE ARE PEOPLE WHO ARE CONTRACTING. AND SO,

USUALLY, WHEN YOU'RE PROVIDING A 1099, THAT'S BECAUSE THOSE ARE

CONTRACT WORKERS WHO ARE NOT YOUR EMPLOYEE, FOR WHOM YOU ALSO DON'T

CARRY DISABILITY OR WORKERS' COMP INSURANCE. SO THEY'RE NOT -- THEY'RE

OUTSIDE THE SCOPE OF WHAT YOU WOULD ACTUALLY CHARACTERIZE AS AN

EMPLOYEE.

MR. GOODELL: AND IS THERE ANYTHING IN THIS

STATUTORY LANGUAGE OR IN THE SECTION 292 OF THE EXECUTIVE LAW THAT

MAKES IT CLEAR THAT THOSE WHO ARE WORKING PURSUANT TO A 1099 ARE NOT

INCLUDED WITHIN THE DEFINITION OF AN "EMPLOYEE"?

MS. WRIGHT: THERE IS NOTHING IN THIS BILL THAT SAYS

SPECIFICALLY "CONTRACT WORKERS ARE NOT YOUR EMPLOYEES"; HOWEVER, WE

ALSO HAVE CLEAR DEFINITIONS OF "CONTRACT WORKERS" BEING INDEPENDENT

CONTRACTORS, SO THEY ARE -- THEY DO NOT FALL IN, I DON'T THINK, THAT I'M

NYS ASSEMBLY FEBRUARY 27, 2019

AWARE OF, OF ANY DEFINITION AS "YOUR EMPLOYEE".

MR. GOODELL: OKAY. SO, WITH THE EXCEPTION OF

CONTRACTED WORKERS --

MS. WRIGHT: MM-HMM.

MR. GOODELL: -- IT'S VERY BROAD.

MS. WRIGHT: YES.

MR. GOODELL: -- AND WOULD INCLUDE ANYONE,

REGARDLESS OF HOW LITTLE OR HOW INFREQUENTLY THEY WORK FOR THE

EMPLOYER.

MS. WRIGHT: YES.

MR. GOODELL: IS THERE A TIME REQUIREMENT THAT

WITHIN A CERTAIN NUMBER OF DAYS, WEEKS OR MONTHS THE EMPLOYER MUST

PROVIDE THIS TRAINING?

MS. WRIGHT: THERE IS NOT ANYTHING STATED IN HERE;

HOWEVER, EACH -- I BELIEVE THAT THE GUIDANCE WILL BE COMING FROM THE

DEPARTMENT OF LABOR ON HOW FREQUENTLY AND REGULARLY YOU SHOULD BE

PROVIDING THIS TRAINING TO YOUR STAFF. SO, IT DOES NOT PUT A TIME LIMIT ON

FROM THE DATE OF HIRE TO WHEN THEY MUST HAVE THE TRAINING, BUT IT WILL

BE GUIDANCE ON HOW FREQUENTLY WE SHOULD SEE IT, AND IT SHOULD BE

ANNUALLY.

MR. GOODELL: ARE YOU AWARE OF THE NUMBER OF

EMPLOYERS IN NEW YORK STATE THAT EMPLOY AT LEAST ONE EMPLOYEE?

MS. WRIGHT: I AM NOT AWARE OF THAT NUMBER, BUT I

DO KNOW THAT EVERY EMPLOYER HAS A RESPONSIBILITY TO PROVIDE A SAFE

WORK ENVIRONMENT AND TO MEET REGULATIONS DICTATED BY THE STATE. AND

NYS ASSEMBLY FEBRUARY 27, 2019

IF WE'RE NOT ADDING ANY ADDITIONAL COST TO THEM TO BE -- TO OBLIGE, TO

BECOME IN COMPLIANCE WITH IT, THEN IT'S NOT TRULY A BURDEN FOR THEM TO

DEDICATE ONE HOUR, BECAUSE IT'S SIMILAR TO ANY OTHER TRAINING AND/OR

CERTIFICATION, WHICH IS REQUIRED TO WORK. IT WOULD BE THE SAME AS

ANYBODY THAT HAS TO GET, SAY, FOOD HANDLERS' LICENSES TO SERVE COFFEE,

THEY NOW HAVE TO MAKE SURE THAT THEY ALSO HAVE CERTIFICATION THAT

PROVES THAT THEY HAVE UNDERGONE ANTI-DISCRIMINATION TRAINING.

MR. GOODELL: MOVING ON A LITTLE BIT, BECAUSE --

YOU KNOW, IT'S A LITTLE BIT OF AN INTERESTING CONCEPT, THAT WE REQUIRE

YOUR SOLE PART-TIME EMPLOYEE TO UNDERGO COMPREHENSIVE

DISCRIMINATION AWARENESS POLICIES THAT WOULDN'T APPLY TO ANY OTHER

EMPLOYEE SINCE IT'S THE ONLY EMPLOYEE THAT YOU HAVE, WHEN WE ALREADY

BAR ANY DISCRIMINATION BY THE EMPLOYER ONE-ON-ONE.

MS. WRIGHT: WELL --

MR. GOODELL: BUT -- BUT THERE'S OTHER PROVISIONS,

IF WE MAY MOVE ON.

MS. WRIGHT: GO AHEAD.

MR. GOODELL: THIS BANS MANDATORY ARBITRATION

CLAUSES --

MS. WRIGHT: YES.

MR. GOODELL: -- UNLESS IT'S PART OF A COLLECTIVE

BARGAINING AGREEMENT; IS THAT CORRECT?

MS. WRIGHT: THIS DOES NOT UNDERMINE A COLLECTIVE

BARGAINING AGREEMENT. WHAT THIS DOES IS ALLOWS FOR ANYONE WHO IS

FACING DISCRIMINATION TO HAVE THE OPPORTUNITY TO ELECT TO GO TO COURT.

NYS ASSEMBLY FEBRUARY 27, 2019

SO, WE'RE NOT SAYING YOU MAY NOT AVAIL YOURSELF OF ARBITRATION, WE'RE

SAYING THAT IT MAY NOT BE FORCED UPON AN EMPLOYEE. AND, THEREFORE, IF

THERE ARE PROVISIONS IN AN EXISTING AGREEMENT THAT SAYS THERE IS

MANDATORY ARBITRATION RELATED TO THE DISCRIMINATION, JUST LIKE MOST

OTHER CONTRACTS, WE WOULD BE ABLE TO SEVER THAT CLAUSE FROM THE

CONTRACT AND MOVE FORWARD WITH THE INTENT, THE GENERAL INTENT OF THE

DOCUMENT.

MR. GOODELL: AS YOU KNOW, OFTENTIMES THE

ARBITRATION PROVISIONS ARE PROVISIONS THAT ARE REQUESTED AND NEGOTIATED

BY THE EMPLOYEE REPRESENTATIVES, BY THE UNION. IT'S A -- IT'S A RIGHT THAT

THE UNION WANTS TO HAVE IN ORDER TO FORCE ARBITRATION, WHICH IS OFTEN

FASTER AND LESS EXPENSIVE, AND UNIONS VIEW THAT AS A POSITIVE PROVISION

IN THE CONTRACT. BUT DOESN'T THIS ELIMINATE OR UNDERCUT THAT CONCEPT?

MS. WRIGHT: IF IT'S RELATED TO DISCRIMINATION, IT

MOST DEFINITELY DOES REMOVE THE OPPORTUNITY FOR THEM TO ENFORCE

MANDATORY ARBITRATION. IT DOES NOT MEAN THAT THEY CANNOT STILL AVAIL

THEMSELVES OF IT, BECAUSE THEY -- THE PARTIES CAN AGREE TO ELECT TO GO TO

ARBITRATION. WHAT THIS SAYS IS THAT THEY MAY NOT MANDATE ARBITRATION ON

AN EMPLOYEE.

MR. GOODELL: NOW, THERE'S ANOTHER PROVISION,

AND THIS DEALS WITH NON-DISCLOSURE AGREEMENTS.

MS. WRIGHT: YES. I CAN'T REMEMBER --

MR. GOODELL: AND IT PROVIDES THAT YOU CANNOT

HAVE A NON-DISCLOSURE AGREEMENT EITHER AS PART OF A SETTLEMENT OR AS

PART OF A JUDGMENT, AS I UNDER -- WELL, AS PART OF A SETTLEMENT, UNLESS IT'S

NYS ASSEMBLY FEBRUARY 27, 2019

THE COMPLAINANT'S PREFERENCE.

MS. WRIGHT: YES.

MR. GOODELL: WHAT -- WHAT'S MEANT BY

"PREFERENCE"?

MS. WRIGHT: THEIR CHOICE.

MR. GOODELL: OKAY. SO, LET'S SAY THE EMPLOYER

SAYS, WE DON'T AGREE THAT THERE WAS ANY DISCRIMINATION WHATSOEVER, BUT

WE DON'T WANT TO INCUR THE COST OF LITIGATION, AND THE POTENTIAL DAMAGE

TO OUR REPUTATION, EVEN IF WE'RE PROVEN TO BE NON-DISCRIMINATORY, SO

WE'RE WILLING TO SETTLE THIS UPON A PAYMENT OF X DOLLARS, BUT ON THE

CONDITION THAT YOU DON'T DESTROY OUR REPUTATION ON A CLAIM --

MS. WRIGHT: SO, THAT MEANS THAT THE --

MR. GOODELL: -- THAT WE DON'T AGREE WITH.

MS. WRIGHT: WELL, THAT MEANS THAT THE -- THAT

MEANS THE CLAIMANT WOULD HAVE THE CHOICE, AND THAT MEANS THAT THEY

HAVE THE OPPORTUNITY TO NEGOTIATE IT. IT IS A CHOICE. THE -- WE'RE JUST

SAYING IT CANNOT BE MANDATED THAT THEY CANNOT -- IT CANNOT BE FORCED

UPON THEM. SO, I BELIEVE THE LANGUAGE IS... WHERE IS IT...

MR. GOODELL: IT'S ON PAGE 3 STARTING ON LINE --

MS. WRIGHT: -- EMPLOYER --

MR. GOODELL: FOUR.

MS. WRIGHT: RIGHT. SO, IT'S THEIR -- UNLESS THE

CLAIMANT AGREES TO IT. SO, IT'S SAYING THAT THE OFFICERS CANNOT

AUTOMATICALLY MANDATE -- THE OFFICERS -- THE COMPANY NOR ITS OFFICERS

ARE ABLE TO AUTOMATICALLY MANDATE THIS.

NYS ASSEMBLY FEBRUARY 27, 2019

MR. GOODELL: ALL RIGHT. THEN THE -- EVEN IF YOU

HAVE A SETTLEMENT AND THAT SETTLEMENT INCLUDES A NON-DISCLOSURE

PROVISION --

MS. WRIGHT: THE SETTLEMENT THAT IS AGREED TO BY

THE CLAIMANT --

MR. GOODELL: RIGHT.

MS. WRIGHT: -- CAN HAVE A NON-DISCLOSURE;

HOWEVER, THEN THERE ARE TERMS FOR A SEVEN-DAY WAIT PERIOD, AS WELL AS A

21-DAY -- I THINK THERE'S ALSO A 21-DAY TERM IN THERE FOR IT TO BE -- FOR

THEM TO HAVE TIME FOR IT TO BE REVIEWED.

MR. GOODELL: RIGHT. 21 DAYS TO HAVE IT

REVIEWED, AND THEN A SEVEN-DAY RECISION PROVISION.

MS. WRIGHT: YES.

MR. GOODELL: WHICH MEANS, IN ESSENCE, THAT A

SETTLEMENT AGREEMENT COULD NOT BECOME EFFECTIVE FOR FOUR WEEKS.

MS. WRIGHT: ALL THE TERMS --

MR. GOODELL: IF IT CONTAINS --

MS. WRIGHT: -- WITH EXCEPTION OF THE -- SO, YES.

I'M GOING TO GIVE YOU THAT.

MR. GOODELL: IF IT CONTAINS A NON-DISCLOSURE.

WHAT IF THE CLAIMANT WANTS TO BE PAID SOONER THAN FOUR WEEKS? CAN

THE CLAIMANT WAIVE THOSE TIMEFRAMES?

MS. WRIGHT: THIS DOES NOT PROHIBIT WAIVER. BUT

IN THE INTEREST OF PUBLIC POLICY THAT WE ARE TRYING TO SET HERE, AND

PROTECTION OF WORKERS' RIGHTS, WE WOULD PROBABLY WANT THEM NOT TO

NYS ASSEMBLY FEBRUARY 27, 2019

WAIVE THE RIGHTS THAT WE ARE SPECIFICALLY DELINEATING IN THIS PIECE OF

LEGISLATION. SO, WHILE WE ARE NOT FORBIDDING IT OUTRIGHT, IT IS SOMETHING

THAT IS AGAINST PUBLIC POLICY.

MR. GOODELL: OKAY. NOW, WHEN WE'RE LOOKING

AT THE DEFINITION OF "EMPLOYER", WE ALSO HAVE TO LOOK AT THE DEFINITION

OF "EMPLOYEE".

MS. WRIGHT: YES.

MR. GOODELL: AND I SEE THE DEFINITION OF

"EMPLOYEE" IS NOT BEING AMENDED THIS BILL, BUT I WANTED TO JUST TRACK

THAT DOWN. NOW, AS I UNDERSTAND IT, THE DEFINITION OF AN "EMPLOYEE" IS

CONTAINED IN SECTION 292, SUBPARAGRAPH 6 OF THE EXECUTIVE LAW.

MS. WRIGHT: OKAY.

MR. GOODELL: AND THAT COVERS EVERYONE EXCEPT

DOMESTIC PERSONS AS SET FORTH IN SECTION 296-B OF THE EXECUTIVE LAW.

AND SECTION 296-B DESCRIBES DOMESTIC WORKERS AS HAVING THE MEANING

AS SET FORTH IN SECTION 2 OF THE LABOR LAW. AND SECTION 2 OF THE LABOR

LAW IN SUBPARAGRAPH 16 HAS A COMPLEX DEFINITION WHICH REFERS TO

SECTION 213 OF THE FAIR LABOR STANDARDS ACT OF 1938. WOULD YOU LIKE

TO WALK THROUGH ALL OF THOSE CROSS-REFERENCES AND EXCEPTIONS SO WE

KNOW WHAT'S COVERED? THAT -- YOU DON'T REALLY NEED TO ANSWER THAT

QUESTION. MY REAL QUESTION WAS THIS, BECAUSE I -- TO BE HONEST WITH

YOU, IT WOULD TAKE ME A HALF AN HOUR TO GO THROUGH ALL THOSE

CROSS-REFERENCES, AND EVEN THEN, I'M NOT SURE EITHER OF US WOULD

UNDERSTAND EXACTLY WHO IS COVERED, WITH NO DISRESPECT.

SO, MY QUESTION IS, DON'T WE HAVE A PROBLEM WITH

NYS ASSEMBLY FEBRUARY 27, 2019

ARTICLE III, SECTION 16 OF THE STATE CONSTITUTION WHICH SAYS, "NO ACT

SHALL BE PASSED THAT SHALL PROVIDE THAT ANY EXISTING LAW OR PART THEREOF

SHALL BE MADE OR DEEMED PART OF THE ACT UNLESS IT'S INSERTED IN THE TEXT."

IN OTHER WORDS, THE CONSTITUTION REFERS, IT SEEMS TO ME, EXPRESSLY

PROHIBITS THESE MULTIPLE INCORPORATIONS BY REFERENCE. WOULDN'T YOU

AGREE THAT IT WOULD BE NICE --

MS. WRIGHT: SO THAT'S ONE INTERPRETATION.

MR. GOODELL: -- IF WE HAD A DEFINITION THAT WE

COULD READ AND UNDERSTAND WITHOUT LOOKING UP SIX OTHER LAWS?

MS. WRIGHT: I BELIEVE THAT THERE IS -- THAT IS ONE

INTERPRETATION, AND THAT GOOD DRAFTING MIGHT ALLEVIATE SOME OF THAT --

THOSE CONCERNS. BUT, WE ALSO KNOW IN PRACTICE THAT WE DO MAKE

REFERENCE AND, THEREFORE, IT IS WRITTEN INTO THE TEXT BECAUSE THE

REFERENCE DIRECTLY TAKES US TO THE NEXT PAGE THAT WE'RE SUPPOSED TO BE

REFERENCING. SO, WE DO THAT IN PRACTICE BECAUSE WE KNOW THAT THERE --

WE'RE MEETING THE LETTER OF THE LAW BY WRITING IT IN THE TEXT, BY GIVING

DIRECT REFERENCE, BUT, GOOD DRAFTING AND REPEATING DEFINITIONS AND/OR

ANY OTHER RELEVANT INFORMATION IS HELPFUL.

MR. GOODELL: THANK YOU, MS. WRIGHT.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, SIR. AS I STARTED OUT AT

THE BEGINNING, WE OBVIOUSLY ALL OPPOSE DISCRIMINATION IN THE

WORKPLACE. THAT DOESN'T MEAN TO SAY, HOWEVER, THAT EVERY SINGLE

NYS ASSEMBLY FEBRUARY 27, 2019

EMPLOYER IN THE STATE OF NEW YORK, REGARDLESS OF HOW FEW EMPLOYEES

THEY HAVE, OR HOW INFREQUENTLY THEY WORK, OR WHETHER THEY'RE SEASONAL,

SHOULD BE OBLIGATED TO GO THROUGH AN EXTENSIVE MANDATED EMPLOYMENT

DISCRIMINATION COURSE PUT ON OR SPONSORED BY THE DEPARTMENT OF

LABOR. THINK ABOUT THIS. YOU HAVE A PART-TIME EMPLOYEE, I HAVE ONE,

FOR EXAMPLE, THAT WORKS ONE DAY A WEEK. SO, I'M SUPPOSED TO TAKE AN

HOUR AND HAVE HER GO THROUGH A SEXUAL HARASSMENT SENSITIVITY TRAINING

COURSE SO THAT SHE DOESN'T HARASS HERSELF? I DON'T THINK SHE DOES

ANYWAY. IT JUST DOESN'T MAKE SENSE.

BUT, WHEN WE IMPOSE THESE REQUIREMENTS ON

EMPLOYERS, IT COSTS MONEY AND IT CREATES PROBLEMS. AND THEN WE SAY,

YOU CAN'T HAVE A NON-DISCLOSURE CLAUSE. AS AN ATTORNEY, I WILL TELL YOU

THERE ARE MANY EMPLOYERS THAT WILL PAY A CLAIMANT REAL MONEY TO AVOID

THE COST OF PAYING THEIR ATTORNEY REAL MONEY.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK, SIR?

ACTING SPEAKER AUBRY: YES.

MR. GOODELL: THEN I'D BE HAPPY --

ACTING SPEAKER AUBRY: YES, AS A MATTER OF

FACT.

MR. GOODELL: SINCE I'M OUT OF TIME, I WILL COME

BACK LATER. THANK YOU, SIR.

ACTING SPEAKER AUBRY: ABSOLUTELY.

MR. RA.

MS. WRIGHT. ON --

MS. WRIGHT: ON THE BILL.

NYS ASSEMBLY FEBRUARY 27, 2019

ACTING SPEAKER AUBRY: ON THE BILL.

MS. WRIGHT: IT IS PARTICULARLY IMPORTANT THAT WE

STAND TOGETHER AT THIS TIME AND PASS DISCRIM -- FULL ANTI-DISCRIMINATION

LEGISLATION. WE'RE TRYING TO CREATE AN ENVIRONMENT -- WE'RE TRYING TO

CHANGE ENVIRONMENTS, AND THIS IS THE FIRST STEP IN IT.

MOST RECENTLY, IN THE FIFTH CIRCUIT, CHIEF -- THE JUSTICE

JAMES HO REFUSED TO EXPAND THE UNDERSTANDING OF DISCRIMINATION OR

ANTI-DISCRIMINATION RIGHTS TO LGBTQ CONSTITUENTS. HE SPECIFICALLY

STATED IN HIS OPINION AND IN HIS OCCUR -- HIS CONCURRENCE, THAT NO ONE

SERIOUSLY CONTENDS THAT AT THE TIME OF ENACTMENT, THE PUBLIC MEANING

AND UNDERSTANDING OF TITLE VII INCLUDED SEXUAL ORIENTATION OR

TRANSGENDER DISCRIMINATION. HE SAID, TO THE CONTRARY, THERE IS A JUDICIAL

CONSENSUS THAT THE PUBLIC MEANING OF TITLE VII DID NOT INCLUDE SEXUAL

ORIENTATION OR TRANSGENDER DISCRIMINATION.

WE, IN THIS MOMENT, HAVE THE OPPORTUNITY TO MAKE

SURE THAT OUR LEGISLATION SPEAKS CLEARLY AND WHOLEHEARTEDLY TO ALL OF THE

GROUPS THAT WE WANT TO SEE PROTECTED UNDER OUR DISCRIMINATION LAWS.

THIS LINES -- THIS LAW WILL ALIGN OUR EXECUTIVE LAW WITH WHAT EXISTS

UNDER OUR HUMAN RIGHTS LAW. WE WANT TO MAKE SURE THAT WE'RE NOT

LEAVING ANYONE OUT AND WE WANT TO MAKE SURE THAT WE ARE MAKING AN

ENVIRONMENT -- A WORK ENVIRONMENT IN NEW YORK STATE THAT HONORS ALL

PEOPLE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL FOR ROUND TWO.

MR. GOODELL: THANK YOU, SIR. AND AGAIN, THANK

NYS ASSEMBLY FEBRUARY 27, 2019

YOU TO MY COLLEAGUE FOR HER COMMENTS THAT WERE VERY HELPFUL.

SO, AS I MENTIONED, THIS COVERS EVERY SINGLE EMPLOYER,

REGARDLESS OF THE NUMBER OF PEOPLE, INCLUDING IF YOU HAVE A PART-TIME

SEASONAL WORKER. IT BANS NON-DISCLOSURE AGREEMENTS. AND, AS AN

ATTORNEY, I -- I'VE HAD THAT SITUATION WHERE CLIENTS WERE ABSOLUTELY CLEAR

THAT THEY WERE INNOCENT OF ANY WRONGDOING, BUT THEIR LAWYER WAS

EQUALLY CLEAR IT WAS GOING TO COST THEM A LOT OF MONEY TO LITIGATE. AND

IN THAT SITUATION, A SETTLEMENT IS OFTEN THE -- TO THE BEST INTERESTS OF BOTH

PARTIES. IT'S THE BEST INTEREST OF THE EMPLOYER, EVEN THOUGH THEY THINK

THEY'RE ABSOLUTELY INNOCENT, BECAUSE IT COSTS THEM LESS TO SETTLE THAN IT

DOES TO LITIGATE. AND IT IS MOST CERTAINLY TO THE BENEFIT OF THE CLAIMANT

BECAUSE THEY GET A SETTLEMENT AND THEY DON'T HAVE TO RUN THE RISK OF

GETTING NOTHING. BUT THOSE SETTLEMENTS ONLY WORK IF THERE'S A

NON-DISCLOSURE, BECAUSE A MAJOR PART OF MOST SETTLEMENTS IS, DON'T

DESTROY MY REPUTATION WHEN I'M INNOCENT. WELL, THIS BILL PROHIBITS A

NON-DISCLOSURE AGREEMENT UNLESS IT'S THE CLAIMANT'S PREFERENCE. THE

PROBLEM IS, YOU DON'T GET AN OFFER FROM THE EMPLOYER UNLESS THE OFFER

ITSELF CAN BE ASSURED OF CONFIDENTIALITY.

SO, WHILE WE WANT TO PROTECT THE EMPLOYEE, THE NET

EFFECT OF THIS IS WE ELIMINATE THE ABILITY OF EMPLOYERS, MANY

EMPLOYERS, TO MAKE AN OFFER OF SETTLEMENT TO THE CLAIMANT, WHICH IS

EXACTLY THE OPPOSITE OF WHAT WE WANT TO DO, RIGHT? WE WANT THE

CLAIMANT TO HAVE ALL THE OPTIONS IN FRONT OF THEM. AND WE BAN

MANDATORY ARBITRATION CLAUSES. YOU KNOW WHO FIGHTS THE HARDEST FOR

MANDATORY ARBITRATION CLAUSES IN MOST EMPLOYMENT CONTEXT? IT'S THE

NYS ASSEMBLY FEBRUARY 27, 2019

EMPLOYEES, BECAUSE IT'S FASTER AND LESS EXPENSIVE. AS AN ATTORNEY, I

CAN TIE UP A CASE FOR MONTHS, IF NOT YEARS, IN OUR COURT SYSTEM; THAT'S

WHY WE HAVE ARBITRATION.

SO, WHILE EVERYONE IN THIS ROOM SUPPORTS THE CONCEPT

THAT WE SHOULD MINIMIZE DISCRIMINATION, WE NEED TO BE MINDFUL THAT

WE DO NOT WANT TO INADVERTENTLY IMPOSE A HUGE UNFUNDED MANDATE ON

EVERY SINGLE EMPLOYER - AND, BY THE WAY, THERE'S HUNDREDS OF THOUSANDS

OF EMPLOYERS IN THE STATE OF NEW YORK, INCLUDING THE SMALLEST

EMPLOYERS THAT EMPLOY ONLY ONE PERSON PART-TIME - WHILE INADVERTENTLY

PULLING THE RUG OUT FROM UNDERNEATH ALL THE CLAIMANTS WHO MIGHT

BENEFIT FROM A SETTLEMENT OFFER THAT INCLUDES A NON-DISCLOSURE

PROVISION.

FOR THOSE REASONS, I AND SOME OF MY COLLEAGUES WILL

NOT BE SUPPORTING THIS LEGISLATION. THANK YOU VERY MUCH, 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.)

MR. TAYLOR TO EXPLAIN HIS VOTE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY FEBRUARY 27, 2019

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

GO BACK TO THE MAIN CALENDAR ON PAGE 5, CALENDAR NO. 4, MS.

ROSENTHAL, ON DEBATE.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00290, CALENDAR NO.

4, L. ROSENTHAL, DE LA ROSA, SEAWRIGHT, WALKER, DICKENS, VANEL. AN

ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING FEMININE

HYGIENE PRODUCTS IN CHARTER SCHOOLS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: OKAY. THIS BILL WILL -- WILL

REQUIRE CHARTER SCHOOLS TO PROVIDE FREE MENSTRUAL HYGIENE PRODUCTS FOR

KIDS IN GRADES 6-12.

ACTING SPEAKER AUBRY: MS. BYRNES.

MS. BYRNES: THANK YOU. WILL -- WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

MS. BYRNES.

MS BYRNES: THANK YOU, KIND SIR. THE QUESTION I

HAVE IS DO WE, AS A LEGISLATURE, HAVE ANY AUTHORITY TO REQUIRE A PRIVATE

INSTITUTION TO PROVIDE SOMETHING FOR FREE IN THIS NATURE?

MS. ROSENTHAL: CHARTER SCHOOLS ARE NOT

NYS ASSEMBLY FEBRUARY 27, 2019

CONSIDERED PRIVATE INSTITUTIONS. CHARTER SCHOOLS ARE CONSIDERED -- THEY

GET FUNDING, THEY'RE CONSIDERED PART OF THE PUBLIC SCHOOL SYSTEM.

MS. BYRNES: EXCUSE ME, JUST ONE SECOND.

MR. SPEAKER, I'M HAVING TROUBLE HEARING, SIR.

ACTING SPEAKER AUBRY: AND YOU HAVE THE

PERFECT RIGHT TO EXPECT SOME SILENCE.

SO THAT MEANS, SHH. LADIES AND GENTLEMEN.

MS. BYRNES: MY APOLOGIES, SIR.

ACTING SPEAKER AUBRY: NO PROBLEM, YOU

DON'T NEED TO APOLOGIZE, WE DO.

MS. BYRNES: I -- I COULDN'T HEAR YOU. WOULD YOU

BE SO KIND AS TO REPEAT IT?

MS. ROSENTHAL: SURE. CHARTER SCHOOLS ARE

CONSIDERED PUBLIC SCHOOLS. THEY ARE FUNDED THROUGH PUBLIC DOLLARS.

IT'S JUST THAT THERE ARE CERTAIN ADMINISTRATIVE RULES AND REGULATIONS THAT

THEY DON'T HAVE TO REQUIRE -- THEY DON'T HAVE TO FOLLOW, AND COMPLYING

WITH THE LAW THAT GOVERNS THE 2.6 MILLION STUDENTS IN NEW YORK STATE

PUBLIC SCHOOLS. SO, THIS JUST MAKES IT PARITY.

MS. BYRNES: ALL RIGHT. WELL, THEN, DO THE

ADMINISTRATIVE RULES ALLOW AND REQUIRE THIS INSTITUTION, THE CHARTER

SCHOOLS TO PROVIDE THESE FREE PRODUCTS?

MS. ROSENTHAL: SAY THAT AGAIN? I COULDN'T HEAR

YOU.

MS. BYRNES: DO -- APPARENTLY, I'M TALLER THAN THE

MICROPHONE IS.

NYS ASSEMBLY FEBRUARY 27, 2019

(LAUGHTER)

MS. ROSENTHAL: THIS SYSTEM, LIKE, SEEMS TO BE

LESS --

MS. BYRNES: SO, THE -- THEN, IF THEY'RE GOVERNED BY

THE ADMINISTRATIVE RULES, DO THE ADMINISTRATIVE RULES REQUIRE THAT THESE

PRODUCTS BE PROVIDED FOR FREE?

MS. ROSENTHAL: YOU KNOW, LAST YEAR WE PASSED

IN -- WE PASSED A LAW THAT SAID THAT PUBLIC SCHOOLS IN NEW YORK STATE

HAVE TO PROVIDE FREE PRODUCTS. IT WAS DISCUSSED DURING ENACTMENT OF

THAT WHETHER THAT COVERED CHARTER SCHOOLS, AND IT WAS DETERMINED THAT IT

DID NOT, WHICH IS WHY I'M DOING THIS BILL, TO MAKE SURE THERE'S ACCESS

ACROSS THE STATE FOR KIDS IN SECONDARY AND ELEMENTARY SCHOOLS.

MS. BYRNES: ALL RIGHT. SO, CHARTER SCHOOLS ARE

DIFFERENT THAN PUBLIC SCHOOLS --

MS. ROSENTHAL: BUT AS I SAID --

MS. BYRNES: -- WHICH IS WHY THIS NEEDED TO BE

DONE.

MS. ROSENTHAL: YES.

MS. BYRNES: OKAY.

MS. ROSENTHAL: AS I SAID, THEY ARE PUBLIC

SCHOOLS, THERE ARE JUST CERTAIN THINGS THAT THEY DO NOT HAVE TO FOLLOW.

APPARENTLY, THIS IS ONE OF THEM.

MS. BYRNES: ALL RIGHT. WELL, THEN, GOING BACK TO

MY ORIGINAL QUESTION, DO THE ADMINISTRATIVE RULES OR ANY RULES REQUIRE

THAT THIS TYPE OF A CHARTER SCHOOL INSTITUTION PROVIDE THIS TYPE OF

NYS ASSEMBLY FEBRUARY 27, 2019

PRODUCT FOR FREE?

MS. ROSENTHAL: WELL, NO, WHICH IS WHY I'M

DOING THIS BILL.

MS. BYRNES: ALL RIGHT. SO THERE IS NO RULE

REQUIRING IT, AND THAT'S WHY YOU NEED A STATUTE.

MS. ROSENTHAL: EXACTLY.

MS. BYRNES: TO -- TO FORCE THEM TO REQUIRE THEM

TO.

MS. ROSENTHAL: WELL, "FORCE THEM" IS AN

INTERESTING CHOICE OF WORDS, BECAUSE THIS IS A PRODUCT THAT HALF THE

POPULATION NEEDS AT A -- ANY TIME OF THE MONTH, AND WE'RE JUST MAKING

IT AVAILABLE TO ALL KIDS WHO NEED TO DEAL WITH MENSTRUAL HYGIENE.

MS. BYRNES: COULD THE SCHOOL SEEK

REIMBURSEMENT FROM PARENTS OR ANY OTHER ORGANIZATIONS?

MS. ROSENTHAL: NOT ONCE IT'S THE LAW.

MS. BYRNES: OKAY.

MS. ROSENTHAL: AND, IN ADDITION, WE'VE SPOKEN

TO SOME CHARTER SCHOOLS, YOU KNOW, HERE AND THERE, AND SOME ALREADY

DO THIS. SO, I DON'T THINK THERE'S GREAT RESISTANCE, IT JUST NEEDS TO BE

INCLUDED IN THE PUBLIC HEALTH LAW.

MS. BYRNES: OKAY. AS I HAD MENTIONED DURING

THE COMMITTEE MEETING ON THIS, ONE OF THE THINGS TOLD TO ME BY SOME

OF THE SCHOOLS, PUBLIC SCHOOLS, WAS THAT THEY'RE HAVING LOT OF

THEFT-RELATED ISSUES, AND IT'S BECOME QUITE AN EXPENSE, ALBEIT OUT OF

THEIR ALLOCATED FUNDS AND, AS A RESULT, IS THIS THE TYPE OF UNNECESSARY

NYS ASSEMBLY FEBRUARY 27, 2019

EXPENSE, IF THERE'S A LOT OF THEFT --

MS. ROSENTHAL: WELL --

MS. BYRNES: -- THAT'S GOING ON THAT WE WANT TO

PUSH DOWN ONTO ANOTHER INSTITUTION?

MS. ROSENTHAL: WELL, I'VE HEARD THE THEFT

ARGUMENT, AND PEOPLE WHO TAKE EXTRA PRODUCTS NEED THOSE EXTRA

PRODUCTS. IT'S NOT LIKE TAKING EXTRA BAGS OF CANDY BECAUSE YOU LIKE TO

EAT THEM AND THEY'RE FUN. PEOPLE WHO TAKE MENSTRUAL HYGIENE PRODUCTS

TAKE THEM BECAUSE THEY NEED THEM, AND -- NUMBER ONE. NUMBER TWO, I

DO NOT HEAR ANY DISCUSSION ABOUT TOILET PAPER, WHICH EVERYONE EXPECTS

TO BE STOCKED IN EVERY BATHROOM, THEY -- THEY GO TO. IT'S THE SAME HERE

FOR THESE PRODUCTS, WHICH ARE NECESSARY. AND WE CAN'T LET DOWN YOUNG

MENSTRUATORS BECAUSE THEY GO TO A CHARTER SCHOOL. THEY NEED TO EXPECT

THE SAME THING AS THEIR PUBLIC SCHOOL COUNTERPARTS WHEN IT COMES TO

BIOLOGY AND DISRUPTING EDUCATION IF THEY HAVE TO GO TO THE NURSE, GO

ELSEWHERE TO OBTAIN WHAT THEY NEED.

MS. BYRNES: ALL RIGHT. SO, MS. SPONSOR, YOU DON'T

HAVE ANY PROBLEM, THEN, IF THE PRODUCTS ARE STOLEN AND ARE ACTUALLY

USED ALL THE TIME, YOU KNOW, AS OPPOSED TO THERE BEING AN EMERGENCY

SITUATION AT THE SCHOOL AND IT'S NEEDED, YOU DON'T HAVE ANY PROBLEM

WITH THE PRODUCTS BEING STOLEN AND USED OUTSIDE SCHOOL?

MS. ROSENTHAL: AS I SAID BEFORE, ANYBODY WHO

STEALS MENSTRUAL HYGIENE PRODUCTS, IT'S BECAUSE THEY NEED THEM. THEY

MIGHT BE TOO EXPENSIVE FOR SOME STUDENTS AND WE NEED TO ENSURE THAT

EVERY -- EVERY YOUNG ADULT HAS ACCESS TO THESE PRODUCTS IF THEY NEED

NYS ASSEMBLY FEBRUARY 27, 2019

THEM. PEOPLE ARE NOT STEALING THEM BECAUSE THEY'RE PLAYING GAMES

WITH THEM. THEY'RE -- AND I DON'T THINK IT'S STEALING, THEY'RE OFFERED FOR

USE.

MS. BYRNES: SO, OUR -- OUR SCHOOLS WOULD BE

OBLIGATED TO SUPPLY SOMETHING TO THE ENTIRE POPULATION ON A CONTINUOUS

BASIS, IRRESPECTIVE OF COST?

MS. ROSENTHAL: UM, NO --

MS. BYRNES: YES OR NO?

MS. ROSENTHAL: MAY -- MAY I REMIND YOU, WE'RE

TALKING ABOUT PRODUCTS THAT ARE NECESSARY FOR HALF THE POPULATION AT ANY

TIME DURING THE MONTH THAT WE HAVE GIVEN TO PUBLIC SCHOOL STUDENTS. I

DARE SAY MOST OF THE -- ALL OF THE FEMALE ASSEMBLYMEMBERS IN THIS

ROOM HAVE EXPERIENCED MENSTRUATION AND KNOWING THAT YOU NEED

PRODUCTS OR THERE ARE GOING TO BE SOME BAD RESULTS.

MS. BYRNES: BUT THE ISSUE IS, DO WE NEED TO

SUPPLY THEM TO EVERY FEMALE STUDENT ON A CONSTANT BASIS, ALL THE TIME,

AT STATE EXPENSE?

MS. ROSENTHAL: WE --

MS. BYRNES: THEY NEVER HAVE TO GO TO A GROCERY

STORE, THEY JUST ALWAYS GET WHAT THEY WANT FOR FREE FROM OUR SCHOOLS AT

TAXPAYER EXPENSE?

MS. ROSENTHAL: WE --

MS. BYRNES: OR SCHOOL EXPENSE?

MS. ROSENTHAL: AT SCHOOL EXPENSE, BECAUSE IT'S

A BIOLOGICAL NECESSITY. I ALSO THINK THAT YOU'RE OVERSTATING THE THEFT

NYS ASSEMBLY FEBRUARY 27, 2019

ARGUMENT BECAUSE PEOPLE TAKE PRODUCTS IF THEY NEED TO USE THEM, BUT

THE MAJORITY OF PEOPLE WHO TAKE PRODUCTS IS TO USE THEM IN SCHOOL

WHILE THEY'RE ON SCHOOL GROUNDS.

MS. BYRNES: ALL RIGHT. I CAN JUST TELL YOU, MA'AM,

THAT MORE THAN ONE SCHOOL DISTRICT HAS TOLD ME THAT EVERY TIME THEY PUT

PRODUCTS OUT, THEY ARE GONE --

MS. ROSENTHAL: BECAUSE PEOPLE NEED TO USE

THEM.

MS. BYRNES: -- AND THEY HAVE TO KEEP REPLENISHING

THEM AND THAT IT'S A --

MS. ROSENTHAL: BECAUSE -- YOU KNOW, I DON'T

THINK THERE'S A SECONDARY MARKET FOR THEM. I DON'T THINK YOU CAN FIND

THEM, YOU KNOW, EBAY, WHATEVER. I THINK IT'S BECAUSE THEY NEED THEM.

THEY NEED TO USE THEM. IT'S JUST A MATTER OF FAIRNESS OF MENSTRUAL

EQUITY OF MEETING THE NEEDS OF KIDS IN SCHOOLS.

MS. BYRNES: IN OTHER WORDS, THOUGH, THE SCHOOLS

WILL BE RESPONSIBLE, NOT INDIVIDUALS, FOR THEIR OWN HYGIENE PRODUCTS.

MS. ROSENTHAL: YOU KNOW, I'M NOT GOING TO GET

INTO POLITICAL PHILOSOPHY HERE. IT'S A VERY SIMPLE BILL. KIDS WHO ARE IN

SCHOOL GRADES 6-12, PUBLIC SCHOOLS, THEY'RE ALREADY AVAILABLE AT A

NO-COST BASIS, WE'RE JUST MAKING IT EQUAL IN CHARTER SCHOOLS.

MS. BYRNES: THANK YOU, MR. SPEAKER. I'LL BE

HEARD LATER, SIR.

ACTING SPEAKER AUBRY: THERE ARE NO OTHER

SPEAKERS ON THE ISSUE.

NYS ASSEMBLY FEBRUARY 27, 2019

MS. BYRNES: OKAY.

ACTING SPEAKER AUBRY: IF YOU WANT TO

PROCEED, YOU MAY.

MS. BYRNES: ALL RIGHT. THANK YOU. GEE, I DON'T

KNOW WHY THERE ARE NO OTHER SPEAKERS ON THIS BILL...

BUT, IN ANY EVENT, YOU KNOW, IN ALL SERIOUSNESS, IT HAS

BEEN RAISED TO ME BY A NUMBER OF SCHOOLS AND SCHOOL DISTRICTS THAT THIS

HAS BECOME A BURDEN ON THEM, AND THAT IT IS AN EXPENSE THAT THEY DON'T

FEEL THAT THEY SHOULD BE BEARING. NOW, I SEE NO REASON IF IT'S ALREADY

BECOME AN ISSUE THAT WE SHOULD PERPETUATE IT BY GOING FARTHER AND

LEGALLY REQUIRING CHARTER SCHOOLS TO DO IT, AS WELL. THANK YOU FOR YOUR

TIME.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST,

2019.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. I HAD THE

PRIVILEGE OF WORKING FOR COUNCIL MEMBER JULISSA FERRERAS-COPELAND IN

THE CITY OF NEW YORK WHEN WE MADE THIS A REQUIREMENT FOR EVERY

PUBLIC SCHOOL IN THE CITY. AND I CAN TELL YOU THAT THE ARGUMENTS THAT

WE WOULD HEAR FROM SCHOOLS WERE ABOUT YOUNG WOMEN, GENERALLY

WOMEN OF COLOR, GENERALLY POOR STUDENTS, WHO WOULD END UP MISSING

NYS ASSEMBLY FEBRUARY 27, 2019

CLASS BECAUSE THERE WAS NO MENSTRUAL EQUITY. LET'S CALL IT WHAT IT IS.

THIS IS AN OPPORTUNITY TO MAKE SURE THAT STUDENTS IN CHARTER SCHOOLS,

MANY OF THEM WHO HAPPEN TO ALSO BE POOR STUDENTS, YOUNG WOMEN OF

COLOR, CAN HAVE THE SAME ACCESS THAT THE REST OF THE STUDENTS ALREADY

HAVE. I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. CRUZ 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, WILL YOU

CALL ON MR. OTIS?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSE OF A [SIC] ANNOUNCEMENT.

MR. OTIS: THERE WILL BE AN IMMEDIATE MEETING OF

THE DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE UPON THE

CONCLUSION OF SESSION. THANK YOU.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE UPON CONCLUSION OF SESSION.

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: ALWAYS FINE

RESOLUTIONS, WE'LL TAKE THEM UP IN ONE VOTE. ON THE RESOLUTIONS, ALL

NYS ASSEMBLY FEBRUARY 27, 2019

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE

ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 121-128

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

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

THAT THE ASSEMBLY ADJOURNED UNTIL 10:30 A.M., THURSDAY, FEBRUARY THE

28TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 3:23 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, FEBRUARY 28TH AT 10:30 A.M., THURSDAY

BEING A SESSION DAY.)