TUESDAY, MARCH 10, 2020 3:43 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 MONDAY, MARCH 9TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MARCH 10, 2020

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MARCH THE

9TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF THE -- IF I

CAN HAVE THE ATTENTION OF COLLEAGUES AND GUESTS THAT ARE IN THE

CHAMBERS, JUST WANT TO GIVE A BRIEF QUOTE FOR TODAY BEFORE WE GET

STARTED. TODAY OUR QUOTE IS ACTUALLY COMING FROM OUR OWN COLLEAGUE,

ASSEMBLYMEMBER MELISSA MILLER. AS YOU KNOW, LAST WEEK SHE

REINTRODUCED HER SON, WHO I THINK IS NOW ALL OF OUR SONS, OLIVER, ON THE

FLOOR, AND SHE USED THESE WORDS, MR. SPEAKER, WHICH I THINK ARE VERY

EFFECTIVE AND MEAN A LOT TO A LOT OF PEOPLE ACROSS THE GREAT STATE OF

NEW YORK. MELISSA SAYS, "I HAVE FOUND THAT ONE VERY EFFECTIVE WAY TO

ADVOCATE IS BY SHARING OUR EXPERIENCES AND OUR FEELINGS. IT TAKES IT

FROM BEING JUST WORDS ON A PIECE OF PAPER TO SEEING AND UNDERSTANDING

BETTER." AGAIN, MR. SPEAKER, THESE WORDS ARE FROM OUR OWN COLLEAGUE,

ASSEMBLYWOMAN MELISSA MILLER FROM THE 20TH ASSEMBLY DISTRICT.

MEMBERS SHOULD ALSO BE AWARE THAT THEY HAVE ON THEIR

DESK A CALENDAR AND A DEBATE LIST, AND AFTER ANY INTRODUCTIONS AND/OR

HOUSEKEEPING, WE WILL WORK OFF OF THE MAIN CALENDAR AND WE WILL

CONSENT 13 NEW BILLS, BEGINNING WITH CALENDAR NO. 459 ON PAGE 4. WE

WILL ALSO CONTINUE CONSENTING FROM THAT SAME CALENDAR, STARTING WITH

CALENDAR NO. 448 WHICH IS ON PAGE 58. AND THERE ARE ALSO BILLS ON THE

DEBATE LIST WE WILL -- WHICH WE WILL TAKE UP. THERE -- PEOPLE SHOULD

NYS ASSEMBLY MARCH 10, 2020

BE AWARE THAT THERE WILL DEFINITELY BE A NEED FOR A CONFERENCE AT THE

END OF SESSION, BUT WE WILL ALSO BE CALLING FOR GOVERNMENTAL

OPERATIONS AND TRANSPORTATION OFF THE FLOOR TODAY. THAT IS A -- OH,

REGARDING THE NEED FOR A MAJORITY CONFERENCE, MR. SPEAKER, WE WILL

TALK WITH OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO SEE WHAT THEIR

NEEDS ARE, AS WELL.

BUT IN THE MEANTIME, IF YOU COULD ENTERTAIN ANY

INTRODUCTIONS AND/OR HOUSEKEEPING AND, AT THE SAME TIME, MR. SPEAKER,

CALL THE GOVERNMENT OPERATIONS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM, WE WILL BEGIN OUR WORK THAT WAY TODAY, AND THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

ON A MOTION BY MS. WEINSTEIN, PAGE 37, CALENDAR

NO. 211, BILL NO. A-05607, AMENDMENTS ARE RECEIVED AND ADOPTED.

GOVERNMENT OPERATIONS IN THE SPEAKER'S CONFERENCE

ROOM IMMEDIATELY, PLEASE.

AND A [SIC] INTRODUCTION -- FOR THE PURPOSES OF A [SIC]

INTRODUCTION, MR. BYRNE.

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

TO INTRODUCE ON BEHALF OF MYSELF, MRS. GALEF, MR. TAGUE, MR. ASHBY

AND MRS. BARRETT, SOME OF OUR COUNTY CLERK'S FROM THE HUDSON VALLEY.

OUR PUTNAM COUNTY CLERK -- CLERK, A PERSONAL FRIEND OF MINE, MICHAEL

BARTOLOTTI; HOLLY TANNER FROM COLUMBIA COUNTY, THE COUNTY CLERK

THERE; AS WELL AS PAT CUMMINGS, WHO IS THE COUNSEL FOR THE NEW YORK

NYS ASSEMBLY MARCH 10, 2020

STATE ASSOCIATION OF COUNTIES. BOTH OF THESE INDIVIDUALS HAVE HAD A

DISTINGUISHED CAREER IN PUBLIC SERVICE AND I'D ASK THAT YOU PLEASE

EXTEND THE CORDIALITIES OF THE HOUSE AND GIVE THEM A GREAT BIG ALBANY

WELCOME.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

MR. BYRNE, MRS. GALEF, MR. TAGUE AND MRS. BARRETT, WE WELCOME YOU

ALL TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES

OF THE HOUSE ON BEHALF OF THE SPEAKER AND ALL THE MEMBERS. THANK

YOU FOR THE PUBLIC SERVICE THAT YOU DO. WE KNOW IT IS OFTEN

UNAPPRECIATED, BUT WE APPRECIATE YOU. THANK YOU SO VERY MUCH FOR

BEING HERE.

(APPLAUSE)

MR. DIPIETRO.

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

ALLOWING AN INTRODUCTION. I'M HERE TODAY TO -- TWO FRIENDS OF MINE, IF

YOU COULD HONOR THEM. IT'S THEIR FIRST TIME IN THE ASSEMBLY CHAMBERS,

STEVE KOFTA (PHONETIC), A GOOD FRIEND WHO LIVES IN ORCHARD PARK,

ABOUT THREE MILES AWAY FROM ME, THAT'S WHERE THE BUFFALO BILLS PLAY,

THE ONLY NEW YORK STATE TEAM, AND HE'S ALSO A DISABLED AMERICAN

VETERAN FROM THE 82ND AIRBORNE DIVISION. AND HE WORKS FOR PATERA

(PHONETIC), AND THEY'RE UP THIS WEEK VISITING. AND LOU GUALIA

(PHONETIC), HE'S FROM READING, PENNSYLVANIA AND HE'S COME UP TO VISIT.

HE WORKS FOR THE NYPTA AND ALSO A COMPANY OUT OF JAMESTOWN. AND

THEY ARE FIRST TIME IN THE CHAMBERS AND INTERESTED IN WATCHING OUR

PROCEEDINGS, AND IF YOU COULD GIVE THEM THE -- ALL THE CORDIALITIES,

NYS ASSEMBLY MARCH 10, 2020

THANK YOU. APPRECIATE THAT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

TWO DISTINGUISHED GENTLEMEN HERE TO THE NEW YORK STATE ASSEMBLY,

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU SO VERY MUCH FOR

JOINING US, ONE FROM PENNSYLVANIA, THE OTHER FROM ORCHARD PARK. GO

BILLS. THANK YOU SO VERY MUCH, SIR.

(APPLAUSE)

MR. EPSTEIN FOR THE PURPOSES OF AN INTRODUCTION.

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

AN INTRODUCTION. I'VE BEEN PRIVILEGED TO BE JOINED HERE BY MY MOTHER,

WHO'S DECIDED TO BE HERE TODAY, AND WITH HER FRIEND, PAULA BLUM.

THEY'RE HERE FOR AN EVENT UP IN ALBANY. I WISH YOU'D OFFER THE

CORDIALITY OF THE HOUSE, THIS IS HER FIRST TIME IN THE CHAMBERS, AND I

APPRECIATE THAT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. EPSTEIN, YOUR SON, WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY, AND ALSO TO YOUR FRIEND. WE EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR FROM BEHALF OF THE SPEAKER AND ALL THE MEMBERS. THANK YOU

FOR THE PUBLIC SERVICE THAT YOU DO, ENSURING THAT DEMOCRACY CONTINUES

TO LIVE IN THIS STATE, AND THANK YOU FOR LETTING US SHARE WITH YOUR SON

AND YOUR SON HAVING SERVED HERE WITH US. THANK YOU. YOU ARE FAMILY,

YOU ARE ALWAYS WELCOME HERE.

(APPLAUSE)

MR. REILLY FOR THE PURPOSES OF A [SIC] INTRODUCTION.

NYS ASSEMBLY MARCH 10, 2020

MR. REILLY: THANK YOU, MR. SPEAKER. I RISE TODAY

FOR AN INTRODUCTION. IT'S FOR MY BETTER HALF, MY WIFE, MARY REILLY, WHO

THANK GOD NEXT MONTH WE'LL BE MARRIED 20 YEARS, AND SHE TRULY IS MY

ROCK. SHE IS MY INSPIRATION AND TRULY PROBABLY ONE OF MY TOUGH

CONSTITUENTS.

(LAUGHTER)

SOME OF YOU MAY SEEN ME IN -- IN THE MEMBER'S

LOUNGE EATING THESE WONDERFUL MEALS THAT SHE SENDS ME UP WITH EACH

WEEK. SO, I CAN'T TELL YOU HOW GRATEFUL I AM FOR THIS BEAUTIFUL WOMAN

BEHIND ME, AND FOR ALL THE SUPPORT THAT SHE GIVES ME. SHE TRULY IS MY

PARTNER. THANK YOU, AND PLEASE EXTEND THE CORDIALITIES OF THE HOUSE

AND WELCOME HER TO ALBANY FOR THE FIRST TIME THAT SHE'S BEEN IN THE

CHAMBER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. REILLY, YOUR HUSBAND, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. AGAIN, YOU ARE

FAMILY SO YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR. HOW HAVE YOU

STOOD HIM FOR 20 YEARS?

(LAUGHTER)

CERTAINLY THERE MUST BE --

(APPLAUSE)

-- CLEARLY YOU HAVE ANGELS IN YOUR BACKGROUND AND

WILL CONTINUE TO NEED THEM.

(LAUGHTER)

THANK YOU SO VERY MUCH, YOU ARE ALWAYS WELCOME

NYS ASSEMBLY MARCH 10, 2020

HERE.

MRS. PEOPLES-STOKES.

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

NOW GO TO PAGE 3, RESOLUTIONS, AND START WITH ASSEMBLY NO. 831.

ACTING SPEAKER AUBRY: ON THE RESOLUTIONS,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 831, MS.

LUPARDO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 10TH, 2020, AS MAPLE DAY IN THE STATE OF

NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTIONS

[SIC], ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE BILL --

THE RESOLUTION IS PASSED.

THE CLERK: ASSEMBLY RESOLUTION NO. 832, MR.

DILAN. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 2020, AS FIBROMYALGIA AWARENESS MONTH

IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 833, MR.

DESTEFANO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

M. CUOMO TO PROCLAIM MARCH 2020, AS MUSIC IN OUR SCHOOLS MONTH,

IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL MUSIC IN OUR SCHOOLS

MONTH.

NYS ASSEMBLY MARCH 10, 2020

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

PAGE 4 ON CONSENT, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01313-C, CALENDAR

NO. 459, PAULIN, GALEF, MOSLEY, CROUCH, DINOWITZ, SEAWRIGHT. AN ACT

TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO CREATING A PRIVATE RIGHT OF

ACTION FOR UNCONSENTED REMOVAL OR TAMPERING WITH A SEXUALLY

PROTECTIVE DEVICE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01424, CALENDAR NO.

460, SIMON, ABINANTI, ENGLEBRIGHT, THIELE, L. ROSENTHAL, WEPRIN,

D'URSO, LUPARDO, MOSLEY, GALEF, PAULIN, CARROLL, FAHY, COLTON, CAHILL,

LIFTON, GLICK, GOTTFRIED, RICHARDSON, NIOU, DAVILA, OTIS, TAYLOR,

REYES, ORTIZ, ARROYO, BURKE. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, IN RELATION TO GRANTING PRIVATE CITIZENS THE RIGHT TO

INITIATE CIVIL ENFORCEMENT ACTIONS FOR VIOLATIONS OF SUCH LAW.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05896-A, CALENDAR

NO. 461, GALEF, PEOPLES-STOKES, BARRON, DE LA ROSA, ORTIZ, L.

ROSENTHAL, TAYLOR, GOTTFRIED, PAULIN, DINOWITZ, ABINANTI, ARROYO,

FAHY, GLICK, SIMON, STIRPE, SANTABARBARA, SEAWRIGHT, THIELE, COLTON,

QUART, CARROLL, JONES, WEPRIN, JACOBSON, MOSLEY. AN ACT TO AMEND THE

REAL PROPERTY LAW, IN RELATION TO PROHIBITING HOMEOWNERS'

ASSOCIATIONS FROM RESTRICTING THE INSTALLATION OR USE OF SOLAR POWER

NYS ASSEMBLY MARCH 10, 2020

SYSTEMS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07971, CALENDAR NO.

462, O'DONNELL, ENGLEBRIGHT, PAULIN, LIFTON, COLTON, GOTTFRIED,

ABINANTI, PEOPLES-STOKES, STECK, ORTIZ, OTIS, D'URSO, JACOBSON. AN

ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

ENACTING THE ENVIRONMENTAL ACCESS TO JUSTICE ACT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08732, CALENDAR NO.

463, LUPARDO, WOERNER, CROUCH, HAWLEY, B. MILLER, STIRPE. AN ACT TO

AMEND THE AGRICULTURE AND MARKETS LAW, THE PUBLIC HEALTH LAW AND

THE ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO AUTHORIZING THE

MANUFACTURE AND SALE OF ICE CREAM AND OTHER FROZEN DESSERTS MADE

WITH LIQUOR.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COLLEAGUES, THIS IS OUR

FIRST VOTE OF THE DAY. THIS IS THE FIRST DAY OF THE NINTH WEEK OF THE

243RD LEGISLATIVE SESSION. PLEASE CAST YOUR VOTE. FIRST VOTE OF TODAY.

NYS ASSEMBLY MARCH 10, 2020

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS. PLEASE COME IN TO THE CHAMBER, CAST YOUR VOTE. IF YOU ARE

IN YOUR SEATS, PLEASE VOTE NOW.

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 YOU

COULD PLEASE CALL THE TRANSPORTATION COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM.

ACTING SPEAKER AUBRY: TRANSPORTATION

COMMITTEE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08970, CALENDAR NO.

464, PHEFFER AMATO, WEPRIN. AN ACT TO AMEND THE CIVIL SERVICE LAW

AND THE GENERAL MUNICIPAL LAW AND THE ADMINISTRATIVE CODE OF THE

CITY OF NEW YORK, IN RELATION TO THE REVIEW OF CERTAIN CLAIMS; TO

AMEND A CHAPTER OF THE LAWS OF 2019, AMENDING THE GENERAL

MUNICIPAL LAW AND OTHER LAWS RELATING TO SICK LEAVE FOR OFFICERS AND

EMPLOYEES WITH A QUALIFYING WORLD TRADE CENTER CONDITION, AS

PROPOSED IN LEGISLATIVE BILLS NUMBERS S.5890-A AND A.7819-A, IN

RELATION TO SICK LEAVE FOR CERTAIN INDIVIDUALS WITH A QUALIFYING WORLD

TRADE CENTER CONDITION AND RIGHTS OF PUBLIC EMPLOYERS AND EMPLOYEES

RELATING THERETO; AND TO REPEAL CERTAIN PROVISIONS OF THE CIVIL SERVICE

LAW RELATING THERETO.

NYS ASSEMBLY MARCH 10, 2020

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

MR. -- THE BILL IS PASSED.

MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTRODUCE A GREAT GUEST TO OUR

CHAMBER, PATRICIA CANZONERI - BOY, I HAVE TROUBLE WITH - THE LAST NAME

IS FITZPATRICK, WHICH IS A GREAT IRISH NAME, OF COURSE. PATRICIA IS HERE

WITH THOMAS CALLAHAN, TIM SULLIVAN. THEY'RE WITH THE -- TIM

SULLIVAN IS THE MALVERNE VILLAGE TRUSTEE. PATRICIA IS THE DEPUTY

MAYOR OF THAT GREAT VILLAGE, AND A TRUSTEE. SHE'S A LAWYER WHO IS VERY

SUCCESSFUL WITH A PRACTICE IN FRANKLIN SQUARE, WHICH IS IN MR. RA'S

DISTRICT. HER SON, THOMAS, IS A STUDENT AT WILLIAM & MARY. AND IF

YOU WOULD WELCOME PATRICIA, THOMAS AND TIM, ALL HAILING FROM THE

SAME AREA AND GREAT, GREAT RESIDENTS UP HERE VISITING US AND WATCHING

OUR LEGISLATURE IN ACTION.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. RA, PATRICIA, THOMAS AND MARY [SIC], WE WELCOME YOU HERE TO

NYS ASSEMBLY MARCH 10, 2020

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

FLOOR, AND THE WELCOME OF THE SPEAKER AND ALL THE MEMBERS. PLEASE

KNOW THAT WE ARE PLEASED THAT YOU'RE HERE. WE APPLAUD YOU FOR YOUR

PUBLIC SERVICE AND FOR OBVIOUSLY RAISING A GREAT YOUNG MAN. THANK

YOU SO VERY MUCH. CONTINUE THAT GREAT WORK.

(APPLAUSE)

MR. GOODELL: MR. SPEAKER, IT IS ALSO MY GREAT

HONOR TO INTRODUCE JODI, HER NAME IS SPELLED EXACTLY LIKE MR. GIGLIO'S,

BUT IT'S PRONOUNCED DIFFERENTLY, GIG-LEE-O. JODI IS IN MR. PALUMBO'S

DISTRICT. SHE'S A RIVERHEAD TOWN COUNCILWOMAN AND OWNS AND

OPERATES A CONSTRUCTION SUPPLY COMPANY, A NEW YORK STATE RECOGNIZED

WOMAN BUSINESS ENTERPRISE. AND WE OFTEN TALK ABOUT HOW IMPORTANT

IT IS TO HAVE WOMEN BEING SUCCESSFUL IN BUSINESS, AND WE'RE -- HAVE

THAT GREAT OPPORTUNITY TO BE BLESSED WITH HER PRESENCE HERE IN THE

CHAMBER TODAY. IF YOU WOULD EXTEND OUR WELCOME AND THE COURTESIES

OF THE FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

PRIVILEGES OF THE FLOOR, OUR CONGRATULATIONS ON YOUR SUCCESSFUL BUSINESS

ENDEAVORS. WE HOPE YOU WILL KEEP THAT UP, MWBES ARE VERY

IMPORTANT TO THIS HOUSE AND WE ARE ALWAYS PLEASED THAT YOU HAVE BEEN

ABLE TO BE SUCCESSFUL AND EMPLOY THE PEOPLE OF YOUR NEIGHBORHOOD.

THANK YOU SO VERY MUCH.

(APPLAUSE)

NYS ASSEMBLY MARCH 10, 2020

AND, SIR.

MR. GOODELL: THIS IS A RED LETTER DAY FOR US HERE

IN THE LEGISLATIVE CHAMBERS. WE HAVE WITH US JAMIE SILVESTRI. JAMIE

IS A LIFETIME LONG ISLANDER WHO IS A GRADUATE OF FARMINGDALE STATE

COLLEGE, WORKS IN THE FINANCIAL SERVICES INDUSTRY WHICH, AS WE KNOW,

IS SO IMPORTANT TO THE ECONOMY HERE IN NEW YORK STATE. SHE WORKS IN

MELVILLE, NEW YORK, IS AN ACTIVE COMMUNITY MEMBER IN HUNTINGTON.

IF YOU WOULD EXTEND THE GREETINGS AND CORDIALITIES OF OUR -- OUR

ASSEMBLY, I WOULD GREATLY APPRECIATE IT, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF THE SPEAKER, ALL THE MEMBERS, WE WELCOME YOU HERE -- ALSO HERE TO

THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR, HOPE THAT YOU HAVE ENJOYED TODAY'S PROCEEDINGS AND WILL

CONTINUE TO DO SO, AND HOPE THAT YOU WILL TRAVEL HOME SAFELY. THANK

YOU FOR BEING WITH US TODAY.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08973, CALENDAR NO.

465, SIMOTAS. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO A

FAIR, NON-BIASED COMPENSATION STRUCTURE.

ACTING SPEAKER AUBRY: ON A MOTION OF -- BY

MS. SIMOTAS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY MARCH 10, 2020

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. A08997, CALENDAR NO.

466, RICHARDSON. AN ACT TO AMEND THE FAMILY COURT ACT AND THE

SOCIAL SERVICES LAW, IN RELATION TO NOTICE OF INDICATED REPORTS OF CHILD

MALTREATMENT AND CHANGES OF PLACEMENT IN CHILD PROTECTIVE AND

VOLUNTARY FOSTER CARE PLACEMENT AND REVIEW PROCEEDINGS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09670, CALENDAR NO.

467, GUNTHER, DE LA ROSA. AN ACT TO AMEND THE MENTAL HYGIENE LAW,

IN RELATION TO PROVIDING INCIDENT REPORTS TO QUALIFIED PERSONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09678, CALENDAR NO.

NYS ASSEMBLY MARCH 10, 2020

468, ENGLEBRIGHT, LIFTON, SIMON, ORTIZ, GALEF, COLTON, EPSTEIN,

MOSLEY, STERN, FAHY, CARROLL, OTIS, JACOBSON, O'DONNELL, THIELE, L.

ROSENTHAL, GRIFFIN, PAULIN, GOTTFRIED, D'URSO, WEPRIN. AN ACT TO

AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING

HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09761-A, CALENDAR

NO. 469, PERRY, COOK, HYNDMAN, VANEL. AN ACT TO AMEND THE

INSURANCE LAW, IN RELATION TO GROUP POLICIES FOR MOTOR VEHICLES

ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS

FOR-HIRE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09762, CALENDAR NO.

470, VANEL, COOK, PERRY, HYNDMAN. AN ACT TO AMEND THE INSURANCE

LAW, IN RELATION TO CERTAIN POLICY REVIEW.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09763-A, CALENDAR

NO. 471, HYNDMAN, COOK, PERRY, VANEL. AN ACT TO AMEND THE

INSURANCE LAW, IN RELATION TO ESTABLISHING THE FOR-HIRE MOTOR VEHICLE

SAFETY PROGRAM.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER AND

COLLEAGUES, IF WE CAN BE -- NOW START OUR WORK ON THE DEBATE LIST, WE'RE

GOING TO START WITH CALENDAR NO. 89 BY MR. ZEBROWSKI. FOLLOWING

NYS ASSEMBLY MARCH 10, 2020

THAT, WE'RE GOING TO GO TO CALENDAR NO. 6 BY MS. ROSENTHAL AND THEN

CALENDAR NO. 177 BY MR. ENGLEBRIGHT.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01967-A, CALENDAR

NO. 89, ZEBROWSKI, JAFFEE, CRUZ. AN ACT TO AMEND THE DOMESTIC

RELATIONS LAW, IN RELATION TO INCLUDING ACTS OF DOMESTIC VIOLENCE IN

THE CRITERIA THE COURT SHALL CONSIDER IN DETERMINING THE EQUITABLE

DISPOSITION OF PROPERTY DURING DIVORCE PROCEEDINGS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ZEBROWSKI.

MR. ZEBROWSKI: SURE. THANK YOU, MR. SPEAKER.

THIS BILL WOULD ADD DOMESTIC VIOLENCE TO THE DELINEATE -- TO A

DELINEATED SECTION, SECTION 14, OF THE DOMESTIC RELATIONS LAW, WHICH

ARE THE ITEMS THAT A JUDGE SHALL CONSIDER FOR EQUITABLE DISTRIBUTION OF

PROPERTY DURING A DIVORCE PROCEEDING.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

YIELDS, MS. WALSH.

MS. WALSH: SO, MR. ZEBROWSKI, UNDER THE EXISTING

LAW, DOESN'T THE COURT ALREADY HAVE THE ABILITY IN ITS DISCRETION TO

CONSIDER THINGS LIKE DOMESTIC VIOLENCE IN MAKING THIS AWARD?

MR. ZEBROWSKI: UNDER THE CURRENT -- UNDER

NYS ASSEMBLY MARCH 10, 2020

EXISTING LAW, THE COURT CAN, UNDER A CATCHALL PROVISION, WHICH IS

CURRENTLY SECTION 14, BUT WE WOULD MOVE IT TO SECTION 15, CONSIDER

ADDITIONAL ITEMS; HOWEVER, COURTS, WHEN -- COURTS ARE DOING A FEW

THINGS. ONE, THEY'RE NOT CONSIDERING IT AT ALL, SO WE BELIEVE BY

DELINEATING IT AS A SECTION THAT DOMESTIC VIOLENCE WILL BE CONSIDERED IN

CASES AFFIRMATIVELY. I DON'T THINK WE SHOULD NECESSARILY LEAVE IT UP TO

WHETHER OR NOT IT'S AUTOMATICALLY PLEADED; BUT NUMBER TWO, I BELIEVE

THE CASE LAW VARIES AS TO THE LEVEL OF DOMESTIC VIOLENCE THAT SHOULD BE

CONSIDERED.

SO FOR INSTANCE, IN A 1985 CASE, THE COURT DECIDED THAT

IT SHOULD BE IN -- IT SHOULD BE CONSIDERED IN CASES -- IN EGREGIOUS CASES,

WHICH SHOCKED THE CONSCIENCE OF THE COURT; HOWEVER, IN A 1995 CASE

WHERE A DEFENDANT WAS VERBALLY ABUSIVE, PHYSICALLY ABUSIVE, THREW AN

ASHTRAY AND LACERATED A VICTIM'S SCALP, THREATENED TO COMMIT ARSON,

PLACED THE MUZZLE OF A RIFLE TO THE PLAINTIFF'S HEAD AND THREATENED TO

KILL HER, THIS CONDUCT WAS NOT CONSIDERED BY THE COURT AS IT DID NOT, IN

THEIR VIEW, RISE TO THE LEVEL OF EGREGIOUS CONDUCT. SO I WOULD -- I

WOULD CERTAINLY CONSIDER THAT EGREGIOUS CONDUCT, SO I BELIEVE THAT THE

LANGUAGE THAT WE HAVE HERE IS THE CORRECT LANGUAGE.

IN ADDITION, I'LL SAY THAT THIS -- THIS SITUATION WAS

BROUGHT TO ME BY A SPECIFIC CONSTITUENT IN MY DISTRICT WHOSE HUSBAND

NEARLY KILLED HER, WAS SENTENCED AND CONVICTED TO STRANGULATION IN THE

FIRST DEGREE, WHICH IS CLASS C FELONY, SENTENCED TO 11 YEARS IN PRISON;

HOWEVER, FOLLOWING THE -- THE CONVICTION IN A SUBSEQUENT DIVORCE

PROCEEDING, THE COURT AWARDED THIS INCARCERATED HUSBAND $810 A

NYS ASSEMBLY MARCH 10, 2020

MONTH. SO, I BELIEVE THAT WE NEED TO CLEAR UP THE LANGUAGE AND ENSURE

THAT DOMESTIC VIOLENCE IS BEING CONSIDERED APPROPRIATELY.

MS. WALSH: THANK YOU, MR. ZEBROWSKI, FOR THAT

VERY COMPREHENSIVE ANSWER TO MY VERY LIMITED QUESTION.

(LAUGHTER)

LET ME ASK YOU A COUPLE MORE. WHEN YOU TALK ABOUT

EGREGIOUS IN TERMS OF THE ACTS OF DOMESTIC VIOLENCE THAT WOULD BE

CONSIDERED, THE WORD "EGREGIOUS" DOESN'T ACTUALLY APPEAR IN THE LAW AS

IT'S CURRENTLY WRITTEN, CORRECT?

MR. ZEBROWSKI: RIGHT.

MS. WALSH: SO THAT'S JUST -- THAT'S A GLOSS THAT'S

BEEN PUT ON THE EXISTING LAW THROUGH CASE LAW? IS THAT -- IS THAT WHAT

YOU'RE SAYING? WHERE DOES THE WORD "EGREGIOUS" APPEAR?

MR. ZEBROWSKI: YEAH, I'M REFERRING TO A CASE,

O'BRIEN V. O'BRIEN, 66 NY2D 576 FOR THOSE OF YOU THAT ARE FOLLOWING AT

HOME, AND THAT IS WHERE EGREGIOUS -- WHERE WE BELIEVE, I THINK,

EGREGIOUS FIRST APPEARED IN THE LAW.

MS. WALSH: AND THAT'S A COURT OF APPEALS CASE?

MR. ZEBROWSKI: YEAH, I'M NOT SURE, I'D HAVE TO

GO TO THE SECTION, BUT AT LEAST AN APPELLATE DIVISION CASE.

MS. WALSH: IT'S A -- IT'S AN APPELLATE DIVISION

CASE?

MR. ZEBROWSKI: IF YOU GIVE ME A SECOND, WE

MIGHT BE ABLE TO LOOK IT UP.

MS. WALSH: ABSOLUTELY. THANK YOU.

NYS ASSEMBLY MARCH 10, 2020

MR. ZEBROWSKI: COURT -- COURT OF APPEALS.

MS. WALSH: AND THAT'S FROM WHAT YEAR?

MR. ZEBROWSKI: 1985.

MS. WALSH: AND IN SUBSEQUENT CASES FOLLOWING

THAT 1985 CASE, HAVE ALL OF THE FOUR APPELLATE DIVISIONS IN THE STATE

APPLIED AN EGREGIOUS AS STANDARD --

MR. ZEBROWSKI: UM...

MS. WALSH: -- SINCE THAT'S THE CONTROLLING LAW FOR

THE STATE THROUGH THE COURT OF APPEALS?

MR. ZEBROWSKI: I'M NOT SURE IF EVERY CASE HAS --

HAS CITED THE WORD "EGREGIOUS," BUT I BELIEVE THAT A LOT OF THE CASES ARE

RELYING ON THAT TYPE OF CASE LAW WHEN MAKING THEIR DECISION.

MS. WALSH: OKAY. SO YOUR ARGUMENT THEN IS THAT

THE -- THE RATIONALE FOR THE LAW IS THAT COURTS, ALTHOUGH THEY HAVE THIS

CATCHALL PROVISION CURRENTLY UNDER THE LAW, ARE NOT ACTUALLY CONSIDERING

ACTS OF THE DOMESTIC VIOLENCE. THEY'RE APPLYING AN EGREGIOUS AS

STANDARD WHICH WOULD EXCLUDE THINGS THAT WOULD BE VERY TROUBLESOME

THAT SHOULD BE PART OF THE COURT'S CONSIDERATION, THEN; IS THAT -- IS THAT A

FAIR SUMMARY OF YOUR POSITION?

MR. ZEBROWSKI: IT'S ONE OF MY POSITIONS.

MS. WALSH: OKAY.

MR. ZEBROWSKI: I ALSO THINK IT SHOULD BE A

DELINEATED ITEM TO ENSURE THAT IT IS CONSIDERED IN ALL CASES.

MS. WALSH: OKAY. SO, UNDER YOUR PROPOSAL IN THIS

BILL, WHAT TYPES OF DOMESTIC VIOLENCE ACTS -- WOULD IT BE A DOMESTIC

NYS ASSEMBLY MARCH 10, 2020

VIOLENCE ACT VERSUS A, FOR -- FOR EXAMPLE, A CONVICTION THAT WOULD BE

CONSIDERED BY THE COURT? AN ACT NOT A CONVICTION COULD BE

CONSIDERED?

MR. ZEBROWSKI: YES.

MS. WALSH: OKAY. AND HOW -- HOW -- ANY ACT AT

ALL? I MEAN, A PUSH, A SHOVE, AN UNKIND WORD; WHERE DO YOU DRAW THE

LINE?

MR. ZEBROWSKI: WHEN THE JUDGE IS CONSIDERING IT

IN THE LANGUAGE THAT WE DRAFTED, THE JUDGE WOULD CONSIDER THE NATURE,

EXTENT, DURATION AND IMPACT OF THE ACT OR ACTS.

MS. WALSH: OKAY. AND WHAT STANDARD OF PROOF

WOULD BE NECESSARY IN ORDER TO SHOW THIS?

MR. ZEBROWSKI: PREPONDERANCE OF THE EVIDENCE.

MS. WALSH: OKAY. SO, YOU KNOW, AS I KNOW

YOU'RE AWARE AS AN ATTORNEY, AS I AM, BACK IN 210 -- 2010 WE DID AWAY

WITH FAULT IN DOMESTIC RELATIONS AND IN MATRIMONIAL LAW, AND WE

IMPOSED, NOW, A NO-FAULT STANDARD. ISN'T THIS KIND OF PROVISION JUST

BRINGING US BACK TO THOSE DAYS OF SHOWING FAULT IN ORDER TO GET MORE IN

TERMS OF MAINTENANCE OR EQUITABLE DISTRIBUTION IN A -- IN A MATRIMONIAL

CASE?

MR. ZEBROWSKI: NO, I DON'T THINK SO BECAUSE

WHEN THE LEGISLATURE - AND I WAS HERE - CORRECTLY DID AWAY WITH FAULT, I

THINK WE DID ALLAY -- AWAY WITH A FICTION THAT SOMEHOW IF YOU DIDN'T

CORRECTLY PROVE FAULT THAT SOMEHOW THE -- THE JUDGE WOULD MAKE A

DECISION, BANG THE GAVEL AND PEOPLE WOULD GO BACK TO A -- A MARRIAGE.

NYS ASSEMBLY MARCH 10, 2020

AND I DON'T -- I DON'T THINK THAT THAT WAS NECESSARILY REALISTIC OR AT ALL

REALISTIC, I GUESS I SHOULD SAY. HOWEVER, THAT DOESN'T MEAN THAT

DOMESTIC VIOLENCE SHOULDN'T RISE TO THE LEVEL OF SOMETHING THAT SHOULD

BE CONSIDERED BY A COURT WHEN THEY ARE DISTRIBUTING THE MARITAL

PROPERTY; IN FACT, I WOULD THINK THAT THAT'S SOMETHING THAT MOST PEOPLE

IN NEW YORK STATE WOULD FIND TO BE NOT ONLY CORRECT, BUT

COMMONSENSE IN TERMS OF THE DISTRIBUTION OF THE PROPERTY.

FAULT, ON THE OTHER HAND, YOU KNOW, WAS MORE

WHETHER OR NOT YOU COULD ACTUALLY GET DIVORCED. SO, WHEN WE TOOK

THAT AWAY, I THINK EVERYBODY CAN UNDERSTAND WHY WE TOOK. YOU -- YOU

SHOULDN'T HAVE TO CONVINCE THE COURT THAT THE MARRIAGE HAS DISSOLVED.

BUT EQUITABLE DISTRIBUTION, YOU KNOW, IF YOU'RE GOING TO ENGAGE IN

DOMESTIC VIOLENCE, IF WE'RE TRULY, AS A STATE, GOING TO TAKE IT SERIOUSLY,

THEN YOU ARE -- THEN A COURT IS GOING TO HAVE THE ABILITY, I SHOULD SAY, TO

TAKE THAT INTO CONSIDERATION WHEN THEY'RE DETERMINING WHETHER OR NOT

TO AWARD PENSIONS, HOW THEY'RE GOING TO AWARD PROPERTY. I THINK THAT

RISES TO A LEVEL IN A MARRIAGE THAT A COURT SHOULD BE ABLE TO DO THAT.

MS. WALSH: SO IF YOU -- IF YOU'RE A PARTY TO A

MATRIMONIAL CASE AND YOU WANT TO GET MORE IN TERMS OF MAINTENANCE OR

EQUITABLE DISTRIBUTION, IF YOU'RE ABLE TO MAKE ALLEGATIONS OF DOMESTIC

VIOLENCE, THEN -- AND BE ABLE TO SHOW IT THROUGH A PREPONDERANCE OF THE

EVIDENCE, DOESN'T THAT CREATE AN INCENTIVE FOR ALL KINDS OF EXTREMELY

CREATIVE PLEADINGS IN THIS CASE THAT ARE GOING TO JUST REALLY MUDDY UP

THE ABILITY FOR PEOPLE TO -- TO DISSOLVE THEIR MARRIAGES?

MR. ZEBROWSKI: WELL, NOT TO DISSOLVE THE

NYS ASSEMBLY MARCH 10, 2020

MARRIAGE, BECAUSE OBVIOUSLY WE HAVE NO-FAULT, BUT ARE YOU ASKING

WHETHER IT WOULD MUDDY UP THE DISTRIBUTION OF THE PROPERTY?

MS. WALSH: YES. YES.

MR. ZEBROWSKI: NO, I DON'T THINK SO. I THINK THAT

-- I -- I TRUST JUDGES AND I TRUST THE COURTS TO BE ABLE TO CONSIDER

EVIDENCE. CERTAINLY, IT WOULD BE INAPPROPRIATE IF NOT A CRIME TO PLEAD

TO THE COURT THINGS THAT DID NOT HAPPEN, TO LIE UNDER OATH IN A COURT

PROCEEDING. SO, I DON'T THINK THAT THAT FEAR IS ENOUGH TO NOT TAKE THIS

AFFIRMATIVE STEP AS A LEGISLATURE TO BRING DOMESTIC VIOLENCE TO THE

LEVEL OF SERIOUSNESS IN A DIVORCE PROCEEDING WHAT I THINK IT SHOULD BE.

MS. WALSH: BUT ISN'T IT TRUE, THOUGH, THAT NO

DIVORCE CAN EVEN BE GRANTED EVEN UNDER A NO-FAULT SITUATION UNTIL

THERE'S BEEN A DISSOLUTION, A DISTRIBUTION OF THE ASSETS? SO, BY ADDING

THIS SECTION INTO THE LAW, AREN'T WE JUST GOING TO BE DELAYING DIVORCES

FROM BEING GRANTED?

MR. ZEBROWSKI: WHY WOULD WE BE DELAYING IT

UNTIL -- I MEAN, AN EQUITABLE DISTRIBUTION AWARD IS GOING TO BE MADE AT

SOME POINT, SO BY ADDING A DOMESTIC VIOLENCE FACTOR, WHY WOULD IT BE

DELAYED? I -- IT WOULD ONLY BE DELAYED IF YOU'RE SAYING BECAUSE

SOMEHOW THAT'S COMPLICATING THE PROCEEDINGS AND I WOULD SAY, SURE, IT

SHOULD COMPLICATE THE PROCEEDINGS. LET'S GET DOMESTIC VIOLENCE OUT

INTO THE OPEN AND STOP TRYING TO HIDE IT UNDER OTHER SOCIETAL RULES. LET'S

MAKE SURE THAT IT'S CONSIDERED AS IMPORTANT AN ISSUE AS IT IS.

MS. WALSH: I THINK WE ARE ABSOLUTELY AGREED THAT IT

DOES COMPLICATE THE PROCEEDINGS AND THAT WHEN YOU HAVE A PLEADING

NYS ASSEMBLY MARCH 10, 2020

THAT'S GOING TO BE RAISING, AFFIRMATIVELY, DOMESTIC VIOLENCE AS -- AS A

FACTOR TO BE CONSIDERED AND YOU'RE -- YOU'RE GOING TO HAVE A LOT MORE IN

THE WAY OF -- OF TRIAL WORK, I WOULD -- I WOULD ASSUME TO TRY TO -- TO

DETERMINE WHETHER OR NOT THIS OCCURRED OR DID NOT OCCUR AND TO WHAT

EXTENT.

MR. ZEBROWSKI: WELL, YOU'RE GOING TO HAVE A LOT

MORE TRIAL WORK EITHER IN, A, AS YOU SUGGESTED PERHAPS PEOPLE DOING

THIS FRAUDULENTLY, WHICH I WOULD HOPE THEY WOULDN'T AND I WOULD HOPE

THE COURTS WOULD COME DOWN HARSHLY UPON SOMEONE THAT PLEADS THIS

ERRONEOUSLY OR FRAUDULENTLY, BECAUSE IT WOULD HURT ALL THE PEOPLE THAT

ARE VICTIMS WHO ARE PLEADING THIS THING. B, IT COULD LEAD TO A LONGER

PROCEEDINGS BECAUSE THERE WAS DOMESTIC VIOLENCE AND I WOULD SAY THAT

IS THE RIGHT THING TO DO. IF THERE IS DOMESTIC VIOLENCE, IT SHOULD

COMPLICATE THE PROCEEDINGS, THEY SHOULD BE A LITTLE BIT LONGER, WE

SHOULD BRING IT TO LIGHT.

MS. WALSH: NOW, ISN'T IT ALSO TRUE THAT THERE ARE

COUPLES THAT CONTINUE TO LIVE TOGETHER IN THE MARITAL HOME THROUGHOUT

THE COURSE OF A MATRIMONIAL PROCEEDING, NEITHER ONE WILL LEAVE THE

HOUSE SO THEY'RE BOTH LIVING IN THE SAME HOUSE, ISN'T THAT -- I MEAN, I'VE

FOUND THAT TO BE TRUE IN MY PRACTICE; HAVE YOU SEEN THAT AS WELL?

MR. ZEBROWSKI: YEAH, I BELIEVE THAT THAT CAN

HAPPEN.

MS. WALSH: AND WE ALL KNOW, I THINK WE ALL KNOW

THAT DOMESTIC VIOLENCE OR EVEN ALLEGATIONS OF DOMESTIC VIOLENCE ARE

REALLY MADE AT ONE'S PERIL, TO SOME EXTENT, BECAUSE IT -- IT BECOMES A

NYS ASSEMBLY MARCH 10, 2020

VERY DANGEROUS TIME FOR THE INDIVIDUAL THAT'S ALLEGING IT. AND IF THEY'RE

ALL -- IF THEY'RE POTENTIALLY LIVING IN THE SAME HOME TOGETHER, DOESN'T

THIS JUST REALLY AMP UP A WHOLE PROCEEDING BY -- BY ALLOWING THIS TYPE

OF ALLEGATION AND PROOF TO BE CONSIDERED TO THIS EXTENT?

MR. ZEBROWSKI: I WOULD LEAVE THAT TO THE

SURVIVOR TO DETERMINE HOW TO PROCEED.

MS. WALSH: YES, IF -- IF -- YES, IF SHE SURVIVES.

THANK YOU VERY MUCH FOR YOUR ANSWERS TO MY

QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. WALSH: SO, I -- I THANK THE SPONSOR FOR HIS

ANSWERS TO MY QUESTIONS. I DID SOME DIGGING AND KIND OF WENT BACK TO

2010 AND TOOK A LOOK AT WHEN WE WENT OVER TO A NO-FAULT SYSTEM. AND

THERE WAS SOME VERY INTERESTING MEMOS OF SUPPORT AND OPPOSITION TO

THAT. AND ONE WAS FROM THE NEW YORK CITY BAR AND THEY SAID THAT:

CASTING BLAME UPON THE OTHER IN REHASHING THE OFTEN HARSH, PAINFUL

AND EMBARRASSING REASONS FOR THE DIVORCE JUST IS -- IT IS A -- IT IS A VERY

EMOTIONAL AND DIFFICULT THING FOR THE PARTIES. THEY HAVE SIGNIFICANT

FINANCIAL AND EMOTIONAL COSTS. LITIGANTS SPEND THOUSANDS OF DOLLARS IN

LEGAL FEES AND HEARING THE DETAILS OF A MARRIAGE WHICH IS OBVIOUSLY

DEAD CAN INCREASE INCIDENTS OF DOMESTIC VIOLENCE.

THE NEW YORK STATE OFFICE FOR THE PREVENTION OF

DOMESTIC VIOLENCE SAID BACK IN 2010: DIVORCE IS A PARTICULARLY

VOLATILE TIME FOR MOST COUPLES, BUT ESPECIALLY FOR DOMESTIC VIOLENCE

NYS ASSEMBLY MARCH 10, 2020

VICTIMS. RESEARCH INDICATES THAT SEPARATION CAN BE THE MOST

DANGEROUS TIME FOR A DOMESTIC VIOLENCE VICTIM. SERVING THE ABUSER

WITH PAPERS THAT DETAIL EXPLICIT ALLEGATIONS OF FAULT CAN CAUSE AN

ESCALATION OF VIOLENCE OR REIGNITE ABUSE.

SO, MR. SPEAKER, I BELIEVE THAT ALTHOUGH THIS BILL IS

WELL-INTENTIONED, I DON'T DOUBT THAT, I BELIEVE A COUPLE OF THINGS. WE --

WE IN 2010 MADE AN IMPORTANT STEP, AS A STATE, TO GO TO A NO-FAULT

SYSTEM OF DIVORCE. THIS BILL, I THINK, BRINGS US BACK TO THOSE DARK DAYS.

I THINK THAT BY DOING THIS, WHEN WE ALREADY HAVE A SECTION IN THE LAW

WHICH ALLOWS THE COURT TO TAKE FULL COGNIZANCE OF ANY ALLEGATIONS OF

DOMESTIC VIOLENCE, BY SPELLING IT OUT, BY SAYING THAT THE COURT SHALL

CONSIDER ACTS BY ONE PARTY AGAINST ANOTHER THAT HAVE INHIBITED OR

CONTINUED TO INHIBIT A PARTY'S EARNING CAPACITY OR ABILITY TO OBTAIN

MEANINGFUL EMPLOYMENT, I THINK IT JUST PLUNGES US BACK TO A TIME THAT

TEN YEARS AGO WE WERE GLAD TO -- TO -- TO MOVE AWAY FROM.

AND SO FOR THOSE REASONS, I DO THINK THAT -- I -- WELL, I

KNOW THAT I WILL BE VOTING AGAINST THIS BILL, AND I WOULD ENCOURAGE MY

COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: ONE OF THE ADVANTAGES OF BEING A

PRACTICING ATTORNEY AND GOING BACK --

NYS ASSEMBLY MARCH 10, 2020

ACTING SPEAKER AUBRY: SHH.

MR. GOODELL: ONE OF THE ADVANTAGES OF BEING A

PRACTICING ATTORNEY AND GOING BACK LONGER THAN MANY MEMBERS OF THIS

ASSEMBLY ARE EVEN ALIVE IS THAT YOU CAN SEE THE EVOLUTION OF THE LAW.

AND WHEN I STARTED PRACTICING, THERE WERE VERY LIMITED GROUNDS UPON

WHICH A PERSON COULD GET A DIVORCE. AND ABSENT YOUR SPOUSE BEING

SENTENCED TO PRISON OR DYING OR BEING -- ABANDONING THE SPOUSE, ONE OF

THE ONLY WAYS YOU COULD GET A DIVORCE IS TO SHOW CRUEL AND INHUMAN

TREATMENT. AND IN ORDER TO ESTABLISH THAT, THE PARTIES WOULD DREDGE UP

EVERY SLIGHT INSULT, ABUSE OF ANY KIND OR NATURE, REAL OR PERCEIVED, AND

OFTEN THE DIVORCE PROCEEDINGS WERE AN EMOTIONAL BLOODBATH.

SO, THE STATE LEGISLATURE EXPANDED THE GROUNDS FOR

DIVORCE AND INCLUDED THE OPPORTUNITY FOR SOMEONE TO GET A DIVORCE IF

THEY HAD A SEPARATION AGREEMENT THAT BOTH PARTIES SIGNED AND THEY

LIVED PURSUANT TO THE SEPARATION AGREEMENT FOR A YEAR, AND THAT HELPED,

BUT NOT EVERYONE WAS WILLING TO SIGN A SEPARATION AGREEMENT EVEN

THOUGH THE MARRIAGE, FOR ALL PRACTICAL PURPOSES, WAS DEAD. AND YOU

MIGHT ASK YOURSELF, WELL, WHY WOULD SOMEONE WHO IS MARRIED TO

SOMEONE ELSE THAT THEY CAN'T STAND, THEY HATE EACH OTHER NOW, IT STARTED

OUT AS A MATCH MADE IN HEAVEN AND IT ENDED UP IN A MARRIAGE IN HELL,

WHY WOULD THEY FIGHT A DIVORCE? AND THE ANSWER INVARIABLY CAME

BACK TO MONEY, BECAUSE IF THEY GOT DIVORCED, THEY WERE SHARING THEIR

ASSETS, ALIMONY WOULD KICK IN, CHILD SUPPORT WOULD KICK IN AND ALMOST

ALWAYS IT CAME BACK TO MONEY.

SO, EVEN THOUGH WE EXPANDED THE OPPORTUNITIES FOR

NYS ASSEMBLY MARCH 10, 2020

PEOPLE TO GET DIVORCED WITH A MUTUAL AGREEMENT, SEPARATION

AGREEMENT, IT STILL LEFT A LOT OF DIVORCES BEING LITIGATED. NOW, THE ONLY

ADVANTAGE OF A LITTED -- LITIGATED DIVORCE IS FOR MY COLLEAGUES WHO ARE

ATTORNEYS, BECAUSE THESE WERE NASTY, DRAWN-OUT AFFAIRS. AND THE

PARTIES, PARTICULARLY IF THERE WAS PROBLEMS DURING THE MARRIAGE, THEY

COULD EASILY SPEND TENS OF THOUSANDS OF DOLLARS IN LEGAL FEES CREATING

HORRIFIC RECORDS OF EVERYTHING THAT WENT WRONG IN THEIR MARRIAGE. AND

DURING THE PROCESS, THE CHILDREN INVARIABLY WITNESSED SOME OF THAT

ANIMOSITY. AND THE ANIMOSITY DURING THE DIVORCE TYPICALLY GREW AS

EVERYONE ON BOTH SIDES WENT BACK AND REVIEWED ALL THEIR MEMORY

BANKS OVER EVERYTHING THAT WENT WRONG OVER HOW EVER MANY YEARS THAT

THAT MARRIAGE OCCURRED.

THANKFULLY, IN 2010, THIS STATE JOINED THE REST OF THE

NATION IN ALLOWING NO-FAULT DIVORCE. IT WAS GREAT NEWS FOR ALMOST

EVERYONE IN THE STATE EXCEPT LAWYERS WHO SAW A DROP IN THEIR INCOME.

AND WHEN WE ALLOWED NO-FAULT DIVORCE, WE DID ONE MORE THING: FOR

THE MOST PART, WE TOOK MONEY OUT OF FAULT AND FAULT OUT OF MONEY.

AND SO WE SAID FOR THE MOST PART, WE'RE GOING TO APPLY GENERAL

STANDARDS THAT AREN'T BASED ON WHO WAS GOOD OR WHO WAS BAD, WE'RE

GOING TO TREAT THE MARRIAGE LIKE A PARTNERSHIP. WE'LL TAKE A FINANCIAL

SNAPSHOT AT THE BEGINNING, A FINANCIAL SNAPSHOT AT THE END, WE'LL DIVIDE

THE ASSETS IN HALF AFTER DEDUCTING GIFTS OR SPECIAL SITUATIONS.

AND TO PROVIDE FOR THOSE UNUSUAL CASES, WE HAD A

CATCHALL. AND UNDER THAT CATCHALL, THE COURT COULD CONSIDER OTHER

THINGS. AND BACK IN 1985, THE COURT OF APPEALS RECOGNIZED THAT IF

NYS ASSEMBLY MARCH 10, 2020

THERE WAS REALLY EGREGIOUS DOMESTIC VIOLENCE THAT SHOCKED OUR

CONSCIENCE, IN THOSE SITUATIONS, IN THOSE NARROW SITUATIONS, WE WOULD

CONSIDER THAT EGREGIOUS BEHAVIOR IN SEPARATING THE PROPERTY. THAT

DECISION BY THE COURT OF APPEALS, WHICH IS OUR HIGHEST COURT, WHICH

BASED ITS DECISION ON YEARS AND YEARS OF EXPERIENCE, AND THOUSANDS AND

THOUSANDS OF CASES, WAS A CAREFUL BALANCING.

AND THIS BILL GOES THE OPPOSITE DIRECTION. THIS BILL

SAYS THAT YOU SHALL CONSIDER WHETHER IT'S DOMESTIC ABUSE, AND IT DEFINES

DOMESTIC ABUSE IN THE BROADEST TERMS BY REFERENCING THE SOCIAL

SERVICES LAW WHICH INCLUDES HARASSMENT, DISORDERLY CONDUCT, FORCIBLE

TOUCHING, IDENTITY THEFT. THOSE WORDS ARE A BROAD, BROAD DEFINITION

THAT, BY THE WAY, WOULD PICK UP THE VAST MAJORITY OF THOSE HORRIFICALLY

PAINFUL DIVORCES THAT PEOPLE SUFFERED THROUGH IN THE PAST.

MAKE NO MISTAKE ABOUT IT, WHEN WE THROW MONEY INTO

AN EQUATION INVOLVING PEOPLE WHO ARE EMOTIONALLY UPSET AT EACH OTHER,

IT'S ADDING GASOLINE TO THE FIRE, AND THE ONLY BENEFICIARIES WILL BE THE

ATTORNEYS WHO DRAG OUT THESE PROCEEDINGS INTERMINABLY AS MERCHANTS

OF MISERY. YOU SHOULD ALSO BE AWARE THAT UNDER CURRENT LAW, WHICH IS

NOT BEING CHANGED, NO DIVORCE CAN BE GRANTED, IT CANNOT BE GRANTED

UNTIL THE PROPERTY ISSUES AND THE DISTRIBUTION HAVE BEEN RESOLVED. SO

THAT THROWS US RIGHT BACK INTO THE SITUATION THAT WE WERE IN 20 YEARS

AGO WHERE IF A PERSON DOESN'T WANT THE DIVORCE, ALL THEY NEED TO DO IS

DREDGE UP ALL OF THOSE SITUATIONS INVOLVING HARASSMENT OR DISORDERLY

CONDUCT OR ANY OF THE OTHER ALLEGATIONS BECAUSE NO DIVORCE CAN BE

GRANTED WHILE THOSE ISSUES ARE BEING LITIGATED. AND BECAUSE ALL THOSE

NYS ASSEMBLY MARCH 10, 2020

ARE FACTUAL ISSUES, THAT MEANS WE NOW OPEN UP ALL THESE NO-FAULT

DIVORCES, THEN, TO EXTENSIVE DISCOVERY WITH LAWYERS ON BOTH SIDES

CHARGING HUNDREDS OF DOLLARS PER HOUR AS THEY GO THROUGH THAT

EMOTIONAL CARNAGE THAT'S BEING FOSTERED AND FACILITATED BY FINANCIAL

GAIN OR LOSS.

NOW TO BE HONEST, BACK IN 2010 WHEN NEW YORK

WENT WITH NO-FAULT, I HAD RESERVATIONS ABOUT THE NO-FAULT SYSTEM

BECAUSE I THOUGHT IF YOU TOOK A MARRIAGE OATH IN FRONT OF GOD AND SAID

FOR BETTER OR FOR WORSE, YOU MIGHT BE DOING A LOT BETTER IF YOU SPENT ALL

THE MONEY THAT YOU WOULD SPEND ON LAWYER FEES ON YOUR WIFE, OR YOUR

HUSBAND. BUT AFTER ALMOST 40 YEARS OF PRIVATE PRACTICE, WATCHING

FAMILIES JUST SHRED EACH OTHER AND SEEING THE HORRIFIC, HORRIFIC

EMOTIONAL DAMAGE THAT OCCURS, AND THE DAMAGE TO CHILDREN AND THE

LONGTIME ANIMOSITY THAT'S FUNDED BOTH BY THEIR EMOTIONAL PAIN AND BY

MONEY, I HAVE COME TO APPRECIATE THE WISDOM OF THE LEGISLATORS WHO

WENT AHEAD OF ME AND THE WISDOM OF OUR COURT OF APPEALS, OUR

HIGHEST JUDGES IN NEW YORK STATE, WHEN THEY SAID, WE'LL ONLY CONSIDER

THESE TYPES OF PERSONAL FAULT ISSUES IN EGREGIOUS CASES.

LET'S NOT GO BACK TO THE DARK AGES OF FAULTFINDING

FUNDED BY THE ASSETS OF THE PARTY WHERE THE ONLY PEOPLE THAT WIN ARE

THE LAWYERS THAT LITIGATE. OUR CURRENT SYSTEM HAS THE RIGHT BALANCE.

OUR CURRENT SYSTEM ALLOWS THE JUDGES TO CONSIDER IT IN EGREGIOUS CASES.

WE DO NOT WANT TO GO BACK TO THE EMOTIONAL CARNAGE AND THE

EMOTIONAL BLOODBATH THAT CHARACTERIZED DIVORCES IN THE PAST. I URGE MY

COLLEAGUES TO VOTE NO. THANK YOU, SIR.

NYS ASSEMBLY MARCH 10, 2020

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

MR. ZEBROWSKI: THANKS, MR. SPEAKER. AS WAS

PREVIOUSLY TALKED ABOUT DURING THE DEBATE, RIGHT NOW A COURT MAY --

MAY TAKE INTO CONSIDERATION DOMESTIC VIOLENCE IN RARE CIRCUMSTANCES

WHERE THERE -- IT'S A, QUOTE, "EGREGIOUS CASE OR SHOCKED THE CONSCIENCE

OF THE COURT." HOPEFULLY IF THIS BILL PASSES BOTH HOUSES AND GETS

SIGNED BY THE GOVERNOR THEREAFTER, THE DEFINITION OF DOMESTIC VIOLENCE

WILL BE AS IS IN SOCIAL SERVICES LAW, "ACTS CONSTITUTING DISORDERLY

CONDUCT, HARASSMENT, AGGRAVATED HARASSMENT, SEXUAL MISCONDUCT,

FORCIBLE TOUCHING, SEXUAL ABUSE, STALKING, CRIMINAL MISCHIEF, MENACING,

RECKLESS ENDANGERMENT, KIDNAPPING, ASSAULT, ATTEMPTED ASSAULT,

ATTEMPTED MURDER, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD

CIRCULATION, STRANGULATION, IDENTITY THEFT, GRAND LARCENY OR COERCION AND

SUCH ACTS OR ACTS THAT RESULT IN THE ACTUAL PHYSICAL OR EMOTIONAL INJURY

WHERE IT CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM TO

SUCH PERSON OR TO SUCH PERSON'S CHILD."

MR. SPEAKER, TO ANYONE IN THE FUTURE WHO COMMITS

THESE ACTS OF DOMESTIC VIOLENCE OR HAS COMMITTED THEM IN THE PAST, AND

YOU SEEK OR ARE IN A DIVORCE PROCEEDING, THE COURT HOPEFULLY WILL TAKE

NYS ASSEMBLY MARCH 10, 2020

THESE ACTS INTO CONSIDERATION BECAUSE I BELIEVE THAT'S WHAT WE SHOULD

BE DOING AS A STATE OF NEW YORK. THAT'S THE MESSAGE WE SHOULD BE

SENDING AS THE STATE OF NEW YORK TO PEOPLE ACROSS THE STATE, TO ALL

SURVIVORS ACROSS THE STATE TO ENSURE THAT WE ARE TRULY PROTECTING NEW

YORKERS AND VICTIMS OF DOMESTIC VIOLENCE, BOTH IN OUR CRIMINAL LAWS

AS A WHOLE, BUT ALSO IN THESE DIVORCE PROCEEDINGS. THAT'S WHY I'LL BE

VOTING IN THE AFFIRMATIVE, MR. SPEAKER. I ASK MY COLLEAGUES TO DO THE

SAME.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE

AFFIRMATIVE.

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. SO, FOR MANY

OF US WHO'VE REPRESENTED PEOPLE IN COURT OR WHO'VE DONE SOCIAL WORK

WITH SURVIVORS OF DOMESTIC VIOLENCE, OR FOR MANY OF US WHO ARE

SURVIVORS OURSELVES, WE UNDERSTAND THAT ECONOMIC ABUSE IS PART OF THE

LARGER CONVERSATION. AND THE FACT THAT THE COURTS ONLY SEEM TO

RECOGNIZE EGREGIOUS -- EGREGIOUS INSTANCES, WHAT IS IT GOING TO TAKE?

BECAUSE ON THE ONE HAND WE'RE TELLING WOMEN WHEN THEY GO TO GET

HELP, THAT ECONOMIC ABUSE IS ABUSE. AND WHEN THEY'RE TRYING TO GET OUT

OF THEIR MARRIAGE AND TRYING TO ACTUALLY HAVE ENOUGH MONEY TO SURVIVE

AND TRYING TO ACTUALLY HAVE THE PROPERTY THAT RIGHTFULLY BELONGS TO

THEM, WE'RE GOING TO SAY ONLY IF IT'S EGREGIOUS. JUST BECAUSE YOU CAN'T

SEE IT ON THEIR BODY, JUST BECAUSE YOU CAN'T SEE THE SCARS DOES NOT --

DOES NOT MEAN IT'S NOT THERE.

AND SO, I AM THANKFUL TO THE SPONSOR FOR THIS BILL ON

NYS ASSEMBLY MARCH 10, 2020

BEHALF OF THE THOUSANDS OF SURVIVORS AROUND OUR STATE. THANK YOU FOR

RECOGNIZING THAT IT DOESN'T TAKE A -- THAT IT SHOULD NOT BE EGREGIOUS, THAT

IT SHOULD NOT TAKE SOMEONE GOING TO THE HOSPITAL, THAT A LOT OF THE ABUSE

HAPPENS INSIDE OF THE HOME. IT'S PSYCHOLOGICAL, IT'S MONETARY AND THAT

IS ONE OF THE MANY REASONS PEOPLE, WOMEN, SURVIVORS DON'T LEAVE. AND

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

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.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00168-B, CALENDAR

NO. 6, L. ROSENTHAL, DINOWITZ, GUNTHER, WEPRIN, BUCHWALD, JAFFEE,

FAHY, D'URSO. AN ACT IN RELATION TO ESTABLISHING BRENDAN'S LAW; AND TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO REQUIRING CORDLESS

WINDOW COVERINGS IN CHILD DAY CARE CENTERS AND CERTAIN OTHER FACILITIES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 730 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MARCH 10, 2020

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04620-A, CALENDAR

NO. 177, ENGLEBRIGHT, GUNTHER, JOYNER, ARROYO, DAVILA. AN ACT TO

AMEND THE TAX LAW AND THE STATE FINANCE LAW, IN RELATION TO

PROVIDING FOR TAXPAYER GIFTS FOR DIABETES RESEARCH AND EDUCATION AND

ESTABLISHING THE DIABETES RESEARCH AND EDUCATION FUND.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

BUT RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE. ON THE

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

RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 834-844

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: CAN YOU CALL ON MR. OTIS

NYS ASSEMBLY MARCH 10, 2020

FOR THE PURPOSES OF AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSE OF AN ANNOUNCEMENT.

MR. OTIS: HI THERE. WE WILL HAVE AN IMMEDIATE

MEETING OF THE DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE

ROOM UPON THE ADJOURNMENT OF SESSION FOR THE EVENING. THANK YOU.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE, SPEAKER'S CONFERENCE ROOM.

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:30 A.M., WEDNESDAY,

MARCH THE 11TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:12 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, MARCH 11TH AT 10:30 A.M., WEDNESDAY

BEING A SESSION DAY.)