MONDAY, MARCH 11, 2019 5:02 P.M.
SPEAKER HEASTIE: THE HOUSE WILL COME TO
ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE IN HONOR OF A MAN WHO SERVED THIS HOUSE IN MANY CAPACITIES,
INCLUDING THE PRIVILEGE AS ITS SPEAKER, OUR FORMER COLLEAGUE MEL
MILLER. WHILE WE WILL HONOR MEL AND OTHER COLLEAGUES WHOM WE HAVE
LOST DURING OUR TRADITIONAL MEMORIAL LATER IN THE SESSION, IT'S FITTING AT
THIS TIME TO TAKE THIS MOMENT AS A REMEMBRANCE OF THIS MAN, HIS
DEDICATION TO PUBLIC SERVICE, HIS LOVE OF THIS ASSEMBLY AND THE
FRIENDSHIP HE SHARED WITH US IN THIS CHAMBER, AND THAT BIG GRIN THAT HE
USED TO HAVE WHEN HE WOULD COME HERE AND SAY HELLO. SO, LET'S TAKE A
MOMENT OF SILENCE IN HIS HONOR.
1
NYS ASSEMBLY MARCH 11, 2019
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
THANK YOU. MAY HE REST IN PEACE.
VISITORS ARE INVITED TO JOIN MEMBERS IN THE PLEDGE OF
ALLEGIANCE.
(WHEREUPON, SPEAKER HEASTIE LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
SPEAKER HEASTIE: A QUORUM BEING PRESENT, THE
CLERK WILL READ THE JOURNAL OF FRIDAY, MARCH 8TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF FRIDAY, MARCH THE
8TH AND ASK THAT THE SAME STAND APPROVED.
IT IS GENERALLY AT THIS TIME, MR. SPEAKER, THAT WE DO
OFFER FOR OUR COLLEAGUES AND GUESTS AND STAFF IN THE CHAMBERS A QUOTE,
AND GIVEN THAT IT'S WOMEN'S HISTORY MONTH, WE'RE GOING TO TRY TO KEEP
THOSE QUOTES FROM A WOMAN OF DISTINCTION. THE YOUNG LADY WE'RE
GOING TO QUOTE FROM TODAY IS HELLEN KELLER. MANY OF US LEARNED ABOUT
HER YEARS AGO WHILE ATTENDING ELEMENTARY SCHOOL, BUT HER WORDS STILL
HAVE VERY VALID MEANINGS FOR TODAY, AND THE QUOTE WE'RE USING TODAY
IS, "WHEN WE DO THE BEST WE CAN, WE NEVER KNOW WHAT MIRACLE IS
WROUGHT IN OUR LIFE, OR IN THE LIFE OF ANOTHER." AGAIN, MR. SPEAKER,
THAT'S HELLEN KELLER.
MR. SPEAKER, FOR THE MEMBERS' ATTENTION, WE DO HAVE
ON OUR DESK A MAIN CALENDAR WITH 31 NEW BILLS, BEGINNING WITH
CALENDAR NO. 92. AFTER ANY INTRODUCTIONS AND HOUSEKEEPING, WE CAN
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NYS ASSEMBLY MARCH 11, 2019
BEGIN OUR CONSENT WITH THESE BILLS AND, MR. SPEAKER, THERE WILL BE A
NEED FOR ANOTHER MAJORITY CONFERENCE IMMEDIATELY FOLLOWING THE CLOSE
OF SESSION TODAY.
ACTING SPEAKER AUBRY: THANK YOU, MADAM
MAJORITY LEADER, BUT ON YOUR MOTION, WITHOUT OBJECTION, SO ORDERED.
AND WE DO HAVE HOUSEKEEPING.
ON A MOTION BY MR. GOTTFRIED, PAGE 4, CALENDAR NO.
100, BILL NO. A1125, AMENDMENTS ARE RECEIVED AND ADOPTED.
FOR THE PURPOSES OF A [SIC] INTRODUCTION, MR. CUSICK.
MR. CUSICK: THANK YOU. THANK YOU, MR. SPEAKER.
AS YOU KNOW, MR. SPEAKER AND MY COLLEAGUES, KNOW TONIGHT IS THE
AMERICAN-IRISH LEGISLATORS ANNUAL DINNER. SO, THOSE OF YOU WHO'D LIKE
TO ATTEND, IT'S TONIGHT, HOPEFULLY AT AN EARLY HOUR. BUT, BECAUSE TONIGHT
IS OUR EVENT, WE HAVE MANY DIGNITARIES WHO ARE UP VISITING US HERE IN
ALBANY. BUT SOMEBODY WHO HAS JOINED US TODAY WHO IS NO STRANGER TO
MANY OF MY COLLEAGUES IN THE ROOM IS CONSUL GENERAL FOR IRELAND IN
NEW YORK, CIARÁN MADDEN. AMBASSADOR MADDEN IS NO STRANGER TO
MANY OF US. HE WORKS WITH THE IRISH COMMUNITIES IN MANY OF OUR
DISTRICTS. HE WORKS TO PROMOTE TRADE AND INVESTMENT BETWEEN IRELAND
AND NEW YORK, BUT HE ALSO WORKS AS A SERVICE TO MANY OF THE IRISH
WHO ARE HERE IN NEW YORK STATE AND NEW YORK CITY. SO, MR.
SPEAKER, IF YOU WOULD, IF YOU COULD WELCOME AMBASSADOR MADDEN TO
THE CHAMBER AND GIVE HIM THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. CUSICK, THE SPEAKER AND ALL THE MEMBERS, AMBASSADOR, WE
3
NYS ASSEMBLY MARCH 11, 2019
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S HOUSE. WE HOPE THAT YOUR
TIME HERE IN ALBANY WILL BE BENEFICIAL AND THAT THE GOODWILL BETWEEN
OUR COUNTRIES WILL BE SPREAD, PARTICULARLY BETWEEN NEW YORK STATE AND
IRELAND. THANK YOU SO VERY MUCH FOR BEING HERE AND YOU ARE ALWAYS
WELCOME. THANK YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO MAKE AN
ANNOUNCEMENT OF A VERY SPECIAL GUEST THAT IS HERE WITH US THIS EVENING.
SHE IS THE DEPUTY CITY CLERK IN QUEENS COUNTY. HER NAME IS ANGELA
DENDEKKER AND SHE IS THE WIFE FOR 22 YEARS OF OUR COLLEAGUE, MR.
DENDEKKER, MY FRIEND. AND WOULD YOU PLEASE, MR. SPEAKER, GIVE TO
ANGELA ALL THE CORDIALITIES OF THE FLOOR AND WELCOME HER TO OUR SPACE.
ACTING SPEAKER AUBRY: CERTAINLY. HI,
ANGELA. WE LIVE ON THE SAME BLOCK; A LITTLE BIT FAR DOWN... BUT
CERTAINLY, ON BEHALF OF THE SPEAKER, ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY AND WE COMMEND YOU ON THE
WORK THAT YOU'RE DOING IN QUEENS COUNTY, AND WE COMMISERATE THAT
YOU'VE HAD TO SPEND THE LAST 22 YEARS WITH MR. DENDEKKER.
(LAUGHTER)
CLEARLY SAINTHOOD IS IN YOUR FUTURE. THANK YOU SO
VERY MUCH.
(LAUGHTER)
4
NYS ASSEMBLY MARCH 11, 2019
YOU'RE ALWAYS WELCOME HERE.
(APPLAUSE)
MR. SCHMITT.
MR. SCHMITT: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: HOW ARE YOU, SIR?
MR. SCHMITT: GOOD, HOW ARE YOU DOING?
ACTING SPEAKER AUBRY: WELCOME -- GOOD TO
SEE YOU.
MR. SCHMITT: HAPPY MONDAY.
ACTING SPEAKER AUBRY: HAPPY MONDAY, SIR.
MR. SCHMITT: I RISE TO INTRODUCE PROFESSOR MATT
GREEN. HE WAS MY COLLEGE FRESHMAN POLITICS 101 PROFESSOR AT THE
CATHOLIC UNIVERSITY OF AMERICA IN WASHINGTON, D.C. HE IS CURRENTLY
ON SABBATICAL STUDYING VARIOUS STATE LEGISLATIVE BODIES ACROSS OUR
NATION, AND HE CHOSE TO STUDY NEW YORK AND HE GOT TO SEE A LOT OF
AMAZING THINGS SO FAR TODAY. AND IT'S MY HONOR TO INTRODUCE HIM ON
THE FLOOR. HE DIDN'T DO TOO BAD, HE HAS A -- A FORMER STUDENT WHO MADE
IT TO THE STATE ASSEMBLY. I'D LOVE IF YOU WOULD RECOGNIZE HIM AND GIVE
HIM ALL THE PRIVILEGES OF THE FLOOR AND THE HOUSE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. CERTAINLY,
SIR. ON BEHALF OF MR. SCHMITT, 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. CLEARLY, YOU'VE LEARNED HOW TO WAIT
WHEN IT COMES TO THE NEW YORK STATE ASSEMBLY. WE THANK YOU FOR
THAT PATIENCE. AND DID YOU SAY CATHOLIC UNIVERSITY? MY MOTHER'S AN
5
NYS ASSEMBLY MARCH 11, 2019
ALMA MATER THERE, SO -- OR WAS AN ALMA MATER. SO, IT IS ALSO GOOD TO
MEET YOU IN THAT CAPACITY. THANK YOU SO VERY MUCH, AND YOU'RE
WELCOME HERE.
(APPLAUSE)
MS. GRIFFIN.
MS. GRIFFIN: HELLO, MR. SPEAKER. I'M HONORED TO
INTRODUCE SOME HONORED GUESTS WHO HAVE VISITED THE ASSEMBLY TODAY
AND HAVE HAD A LOT OF PATIENCE IN WAITING TO BE INTRODUCED. SO, I'D LIKE
TO INTRODUCE NASSAU COUNTY AMERICAN LEGION COMMANDER ROBERT
GUARNERI; THE NASSAU COUNTY LEGISLATIVE CHAIRMAN ANDREW BOOTH;
AND AUXILIARY -- NASSAU COUNTY AMERICAN LEGION AUXILIARY
LEADERSHIP CHAIR YVONNE BRUNNER; AND ALSO NASSAU COUNTY AMERICAN
LEGION AUXILIARY LEGISLATIVE CHAIR DR. CAROL HASSETT. AND THEY WILL
ALSO BE AT THE BREAKFAST TOMORROW, AND I ASK YOU TO WELCOME THEM TO
THE CHAMBER AND EXTEND THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. GRIFFIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. THANK YOU FOR YOUR PATIENCE TODAY, AND FOR THE SERVICE THAT
YOU ARE PROVIDING NOW AND THAT YOU HAVE PROVIDED IN THE PAST. PLEASE
KNOW THAT YOU ARE ALWAYS IN OUR THOUGHTS AND OUR PRAYERS. GOD BLESS.
(APPLAUSE)
PAGE 3, CALENDAR NO. 92, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00216, CALENDAR NO.
92, PAULIN, GALEF, GOTTFRIED, PICHARDO, ZEBROWSKI, MCDONOUGH, RAIA,
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NYS ASSEMBLY MARCH 11, 2019
WEPRIN, MOSLEY, STIRPE, MCDONALD. AN ACT TO AMEND THE AGRICULTURE
AND MARKETS LAW, IN RELATION TO THE CARE OF ANIMALS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
FIRST VOTE OF THE DAY, MEMBERS, NOTWITHSTANDING 410.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00222, CALENDAR NO.
93, PAULIN, GALEF, RAIA, ABINANTI, BUCHWALD, OTIS. AN ACT TO AMEND
THE NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO VOTING REQUIREMENTS
OF THE BOARD OF CERTAIN CORPORATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER PICHARDO: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
7
NYS ASSEMBLY MARCH 11, 2019
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00361-A, CALENDAR
NO. 94, PAULIN, L. ROSENTHAL, COLTON, MOSLEY. AN ACT TO AMEND THE
CIVIL PRACTICE LAW AND RULES, IN RELATION TO LIMITED LIABILITY OF PERSONS
JOINTLY LIABLE.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A00433, CALENDAR NO.
95, PAULIN, SEAWRIGHT, OTIS. AN ACT TO AMEND THE NOT-FOR-PROFIT
CORPORATION LAW, IN RELATION TO THE REGULATION OF KEY PERSONS.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00434, CALENDAR NO.
96, PAULIN. AN ACT TO AMEND THE BUSINESS CORPORATION LAW, IN
RELATION TO ATTENDANCE OF A MEETING OF SHAREHOLDERS BY REMOTE
COMMUNICATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
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NYS ASSEMBLY MARCH 11, 2019
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. A00453, CALENDAR NO.
97, STECK, OTIS. AN ACT TO AMEND THE LIMITED LIABILITY COMPANY LAW,
IN RELATION TO LIABILITY OF MEMBERS FOR WAGES DUE TO LABORERS, SERVANTS
OR EMPLOYEES BY DOMESTIC AND FOREIGN LIMITED LIABILITY COMPANIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF WE COULD GO TO PAGE 11 AND CALL UP BILL -- CALENDAR NO.
32, MR. DINOWITZ, ON DEBATE.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
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NYS ASSEMBLY MARCH 11, 2019
(PAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, LET ME SAY
THAT PAGE AND BILL NO -- IT IS CALENDAR NO. 25 ON PAGE 10, SENATE BILL
NO. 1264.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: SENATE BILL NO. S01264, CALENDAR NO.
25, GIANARIS (DINOWITZ--A01489). AN ACT TO AMEND THE CIVIL PRACTICE
LAW AND RULES, IN RELATION TO THE ADMISSIBILITY OF IMAGES, MAPS,
LOCATIONS, DISTANCES, CALCULATIONS OR OTHER INFORMATION FOR A WEB
MAPPING SERVICE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. DINOWITZ, BUT YOU WILL WAIT ONE MINUTE BECAUSE WE
HAVE A [SIC] ACTIVE GROUP OF LEGISLATORS AND SERGEANT-AT-ARMS RIGHT
CLOSE TO HIM. YEAH, LOOK LIKE IT. THANK YOU.
YOU MAY PROCEED, SIR.
MR. DINOWITZ: THIS IS A CHAPTER AMENDMENT TO A
BILL WE PASSED LAST YEAR AND IT ENACTS SIMILAR PROVISIONS RELATED TO THE
ADMISSIBILITY OF INFORMATION TAKEN FROM A WEB MAPPING SERVICE, A
GLOBAL SATELLITE IMAGING SITE OR INTERNET MAPPING TOOL. AND WHAT IT
DOES IS IT PROVIDES FOR THE ADMISSIBILITY INTO EVIDENCE OF INFORMATION
TAKEN FROM ONE OF THOSE THREE THINGS THAT I JUST MENTIONED. AND THE
INFORMATION HAS TO INDICATE THE DATE IT WAS CREATED, AND IT'S SUBJECT TO
CHALLENGE THAT IT DOES NOT FAIRLY AND ACCURATELY PORTRAY THAT WHICH IT IS
BEING OFFERED TO PROVE. AND IF THE INFORMATION IS NOT CHALLENGED IN A
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NYS ASSEMBLY MARCH 11, 2019
TIMELY FASHION, THE COURT SHALL TAKE JUDICIAL NOTICE AND ADMIT THE
INFORMATION INTO EVIDENCE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER, WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
DINOWITZ?
MR. DINOWITZ: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. -- MR. DINOWITZ. I
APPRECIATE IT. IT'S MY UNDERSTANDING THAT UNDER CURRENT LAW, I SHOULD
SAY WITHOUT ANY LEGISLATIVE ADDITIONS, A COURT IS EMPOWERED TO TAKE
JUDICIAL NOTICE OF ANY FACT THAT'S CAPABLE OF IMMEDIATE AND ACCURATE
DETERMINATION BY RESORT TO EASILY ACCESSIBLE SOURCES OF INDISPUTABLE
ACCURACY; IS THAT A REASONABLE SUMMARY OF WHAT "JUDICIAL NOTICE" IS?
MR. DINOWITZ: REASONABLE.
MR. GOODELL: AND ISN'T IT TRUE THAT IF THESE
MAPPING SERVICES WERE, IN FACT, OF INDISPUTABLE ACCURACY, THE COURTS,
USING THE CONCEPTS OF JUDICIAL NOTICE HAVE BEEN AROUND FOR OVER 130
YEARS COULD TAKE JUDICIAL NOTICE OF THOSE FACTS; ISN'T THAT TRUE?
MR. DINOWITZ: MAYBE.
MR. GOODELL: ARE YOU FAMILIAR WITH THE FACT THAT
ALMOST EVERY ONE OF THESE MAPPING SERVICES ALSO HAVE A DISCLAIMER
ABOUT THEIR ACCURACY? ARE YOU FAMILIAR WITH THOSE DISCLAIMERS?
MR. DINOWITZ: NO, BECAUSE I DON'T REALLY LOOK AT
11
NYS ASSEMBLY MARCH 11, 2019
THOSE MAPPING SERVICES.
MR. GOODELL: SO, IF YOU LOOK UP GOOGLE MAPS,
THERE'S A -- WHAT YOU WOULD EXPECT, A LEGAL DISCLAIMER BECAUSE GOOGLE
DOESN'T WANT TO BE SUED IF IT TURNS OUT ONE OF THEIR MAPS ISN'T ACCURATE.
I PULLED UP ONE OF THOSE DISCLAIMERS FROM THE GIS MAP THAT APPLIES IN
CHAUTAUQUA COUNTY, WHICH SAYS, THE MAPS AND INFORMATION FOUND
HEREIN ARE PROVIDED AS IS. THERE'S NO WARRANTIES OR GUARANTEES
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE
MAPS OR THE INFORMATION CONTAINED THEREIN. AND IT GOES ON TO SAY, THE
USER USES ANY OF THE INFORMATION FOUND IN THIS APPLICATION WITH THE
ENTIRE RISK ON THE USER. AND THEN IT GOES ON -- I MEAN, IT'S A LONG, LONG
EXPLANATION, DISCLAIMER. SO MY QUESTION IS, IF THESE MAPS COME WITH A
LONG AND DETAILED EXPLANATION OF WHY THEY SHOULDN'T BE ACCEPTED AS
ACCURATE, WHY SHOULD WE, BY STATUTE, CORRECT COURTS TO TAKE JUDICIAL
NOTICE WHEREIN ALL OTHER ASPECTS OF THE LAW THEY ONLY TAKE NOTICE OF
INDISPUTABLE FACTS?
MR. DINOWITZ: WELL, I MEAN, YOU OFTEN SEE
DISCLAIMERS ON A LOT OF THINGS FOR -- TO AFFORD THEMSELVES PROTECTION.
THAT DOESN'T MEAN THERE'S ANY REASON TO DISPUTE THAT. I MEAN, YOU LOOK
AT INGREDIENTS ON FOOD WHERE IT SAYS, THIS PRODUCT MAY CONTAIN
PEANUTS, SO WHAT? THAT -- THAT -- WHAT YOU SAID DOES NOT NECESSARILY
MEAN THAT SOMETHING IS INACCURATE, AND THE WAY THE BILL IS NOW WRITTEN
- AND IT'S A DIFFERENT BILL - I THINK YOU'RE TALKING ABOUT, BY THE WAY, THE
ORIGINAL LAW BEFORE WE AMENDED IT LAST YEAR, BUT IN EITHER CASE, WHAT
12
NYS ASSEMBLY MARCH 11, 2019
WE'RE DOING NOW IS IN ADDITION TO SOME OF THE THINGS WE HAD LAST YEAR,
WE'RE ALSO MAKING SURE THAT THERE'S A DATE ON THERE. FURTHERMORE, THE
PROPONENT PUTS THIS FORTH, BUT THERE'S AN OPPORTUNITY TO OBJECT TO IT IF
IT'S DONE IN A TIMELY FASHION, AS SPECIFIED IN THE LEGISLATION.
MR. GOODELL: UNDER YOUR BILL, WOULD THE COURT
THEN HAVE THE RIGHT TO TAKE JUDICIAL NOTICE OF THE DISCLAIMER?
MR. DINOWITZ: THE COURT -- I THINK THE BILL IS
PRETTY CLEAR ON WHAT IT SAYS. IT SAYS IT PROVIDES FOR THE ADMISSIBILITY
INTO EVIDENCE OF THOSE THREE WEB MAPPING SERVICE, ET CETERA. THE COURT
CAN TAKE JUDICIAL NOTICE IF THE PROPONENT IS -- IS ASKING THAT, BUT THAT
CAN BE DISPUTED AS LONG AS IT'S -- AND THIS HAS TO BE DONE WITHIN 30
DAYS, AND THEN THE OPPONENT TO THAT HAS TO OBJECT TO IT WITHIN A CERTAIN
PERIOD OF TIME, TEN DAYS, AS WELL. SO, THE OPPORTUNITY IS THERE TO
OBJECT.
MR. GOODELL: SO UNDER NORMAL RULES OF EVIDENCE
THAT APPLY IN ALL OTHER SITUATIONS, THE COURT CAN TAKE JUDICIAL NOTICE ON
ITS OWN. DOES THAT STILL APPLY HERE?
MR. DINOWITZ: THE COURT CAN TAKE JUDICIAL NOTICE,
OR IT CAN BE ASKED TO DO SO.
MR. GOODELL: AND IN THAT CASE, THE COURT CAN TAKE
JUDICIAL NOTICE THAT THE MAP THAT IT'S TAKING JUDICIAL NOTICE OF HAS A
DISCLAIMER THAT DISQUALIFIES THE MAP FOR BEING USED FOR ALMOST ANY
PURPOSE? I DON'T KNOW IF I QUITE UNDERSTAND HOW THIS QUITE WORKS.
MR. DINOWITZ: I DON'T KNOW IF -- I DON'T KNOW THAT
I SEE THAT WRITTEN INTO THE BILL HERE AT ALL.
13
NYS ASSEMBLY MARCH 11, 2019
MR. GOODELL: I SEE.
MR. DINOWITZ: IT'S -- THE BILL SAYS THE COURT CAN
TAKE JUDICIAL NOTICE.
MR. GOODELL: NOW, AS YOU KNOW, MAPS ARE
CREATED FOR MANY PURPOSES. A GIS MAP, FOR EXAMPLE, IN MY COUNTY
WAS CREATED BY THE TAX MAP DEPARTMENT TO GIVE AN IDEA OF WHERE THE
TAX PARCELS WERE FOR TAX REASONS. THEY ARE VERY CLEAR THAT THEIR MAP IS
NOT A SURVEY AND SHOULDN'T BE USED FOR ANY OTHER REASON. BUT UNDER
THIS BILL, YOU COULD NOT ONLY USE IT TO DETERMINE THE LOCATION OF TAX
PARCELS, BUT ACCORDING TO LANGUAGE IN THE BILL, YOU COULD USE IT TO
CALCULATE DISTANCE, CALCULATIONS OR OTHER INFORMATION. WOULD YOU
DESCRIBE FOR ME WHAT MIGHT BE INCORPORATED WITHIN THE PHRASE "OTHER
INFORMATION"?
MR. DINOWITZ: INFORMATION OTHER THAN WHAT WAS
SPECIFICALLY MENTIONED.
MR. GOODELL: SO ANYTHING THAT'S ON THE MAP?
MR. DINOWITZ: WELL, ANYTHING THAT'S REASONABLE, I
WOULD THINK, BUT WHAT ELSE WOULD BE TALKING ABOUT EXCEPT WHAT IS
SPECIFICALLY MENTIONED IN THE BILL?
MR. GOODELL: WELL, A TYPICAL -- A TYPICAL GIS
MAP MIGHT SHOW SCHOOL DISTRICTS, FIRE DISTRICTS, WETLANDS, STATE
WETLANDS, FEDERAL WETLANDS. I MEAN JUST -- LOCATION OF POWER LINES. I
MEAN, IT'S JUST A RAFT LOAD OF INFORMATION, BY THE WAY, THAT'S ADDED BY
THE CREATORS OF THE MAP SOLELY AS A COURTESY WITH A WRITTEN DISCLAIMER
THAT THOSE -- THAT INFORMATION SHOULDN'T BE RELIED UPON. I MEAN, THESE
14
NYS ASSEMBLY MARCH 11, 2019
MAPS CAN HAVE DOZENS OF OVERLAYS. UNDER THIS BILL, ALL OF THOSE
OVERLAYS WOULD BE ADMISSIBLE?
MR. DINOWITZ: THE COURT CAN TAKE JUDICIAL NOTICE
IF THERE'S NO OBJECTION. IF THERE IS AN OBJECTION, IF THERE IS AN OBJECTION,
THEN THE JUDGE -- THE COURT HAS DISCRETION.
MR. GOODELL: NOW NORMALLY, A PROPONENT OF A
FACT HAS A BURDEN OF PROOF AND IT'S UP TO THE PROPONENT TO COME
TOGETHER AND LAY A FOUNDATION, AND THE FOUNDATION IS AN EXPLANATION
WITH CREDIBLE WITNESSES AS TO THE ACCURACY OF THE INFORMATION THEY'RE
PRESENTING. IF IT'S A PHOTOGRAPH, FOR EXAMPLE, THE FOUNDATION WOULD
INCLUDE WHAT TYPE OF LENS, WHETHER IT'S A WIDE ANGLE LENS OR A --
WHATEVER THE TYPE OF LENS IS SO YOU CAN BETTER UNDERSTAND THE ACCURACY
OF THE PHOTOGRAPH, BUT UNDER THIS BILL, THERE'S NO NEED FOR ANY
FOUNDATION FOR ANY OF THESE MAPS, CORRECT?
MR. DINOWITZ: WELL, I MEAN, THESE -- THIS TYPE OF
TECHNOLOGY -- WE ARE IN THE 21ST CENTURY NOW AND WE HAVE TECHNOLOGY
AVAILABLE THAT HAD NOT BEEN PREVIOUSLY AVAILABLE; HOWEVER, ULTIMATELY
IT'S UP TO THE COURT. IF THERE'S NO OBJECTION, THEN -- THEN THE COURT CAN
TAKE JUDICIAL NOTICE; HOWEVER, THE PROOF IS SUBJECT TO OBJECTION AND IF
THERE IS AN OBJECTION, THEN IT'S UP TO THE DISCRETION OF THE COURT.
MR. GOODELL: NOW, YOU KNOW, OF COURSE GOOGLE
STREET MAPS, I MEAN, THEY'RE KIND OF FUN TO LOOK AT, YOU KNOW, THEY'RE
KIND OF INTERACTIVE, BUT, YOU KNOW THOSE ARE OFTEN UPLOADED BY
VOLUNTEERS, NOT PROFESSIONALS, CORRECT?
MR. DINOWITZ: I ACTUALLY DON'T KNOW WHO UPLOADS
15
NYS ASSEMBLY MARCH 11, 2019
THEM.
MR. GOODELL: I SEE.
MR. DINOWITZ: I JUST KNOW THAT I DOWNLOAD THEM.
I DON'T KNOW WHAT HAPPENS AT THE OTHER END.
MR. GOODELL: AND SO, IF SOMEONE WERE TO
QUESTION THE ACCURACY - BECAUSE THEY'RE WIDE ANGLE LENSES AND IT'S A
VERY DISTORTED VIEW - IF ANYONE WAS QUESTIONING -- UNDER YOUR BILL,
NOW, THE BURDEN OF PROOF SHIFTS FROM THE PROPONENT TO THE PERSON WHO
IS QUESTIONING, RIGHT?
MR. DINOWITZ: WELL, THE -- THE OPPONENT TO THIS
HAS THE OPPORTUNITY TO OBJECT --
MR. GOODELL: BUT THEN --
MR. DINOWITZ: -- AND SUBMIT WHATEVER PROOF HE
OR SHE WANTS.
MR. GOODELL: SO THEN THE BURDEN OF PROOF IS THEN
SHIFTED TO THE OPPONENT WHO THEN HAS TO BEAR THE BURDEN AND THE COST
OF GETTING AN ACCURATE SURVEY OR ACCURATE PHOTOS OR SOME OTHER
ACCURATE INFORMATION TO MAKE THEIR CASE, RIGHT?
MR. DINOWITZ: I DON'T KNOW THAT I WOULD
CHARACTERIZE IT QUITE LIKE THAT.
MR. GOODELL: WELL, MY QUESTION THEN IS WHY, AS
A MATTER OF JUSTICE, DO WE WANT TO SHIFT THE COST OF PROVING A FACT FROM
THE PERSON WHO IS PRESENTING THAT FACT AND SHIFT THAT COST OVER ON THE
OTHER SIDE TO PROVE THAT IT'S NOT ACCURATE, ESPECIALLY WHEN THE VERY FACT
IT'S BEING PRESENTED TO THE COURT COMES WITH A DISCLAIMER THAT IT'S NOT
16
NYS ASSEMBLY MARCH 11, 2019
ACCURATE.
MR. DINOWITZ: WELL, I'M GOING TO READ TO YOU A
VERY SHORT STATEMENT, IF I CAN FIND IT, HERE, FROM THE GOVERNOR WHEN HE
SIGNED THE ORIGINAL -- FROM THE GOVERNOR WHEN HE SIGNED THE ORIGINAL
BILL. AND IT SAYS, "CURRENTLY EVIDENTIARY PRACTICE IN NEW YORK
REQUIRES A PARTY SEEKING TO INTRODUCE AN IMAGE MAP, LOCATION, DISTANCE,
CALCULATION OR OTHER INFORMATION GLEANED FROM GOOGLE MAPS OR SIMILAR
COMPUTER APPLICATION TO FIRST ESTABLISH THE FOUNDATION FOR THE USE OF
SUCH INFORMATION. NEXT, ESTABLISH THE VALIDITY OF THE COMPUTER
APPLICATION AND, FINALLY, ESTABLISH A CHAIN OF CUSTODY FOR THE EVIDENCE.
THIS BILL WOULD ELIMINATE SUCH COMPLEX AUTHENTICATION ISSUES
ASSOCIATED WITH QUALIFYING DIGITAL EVIDENCE, WHICH OFTEN REQUIRES MORE
THAN ONE WITNESS TO TESTIFY IN COURT." AND THEN IT GOES ON.
THE POINT BEING THAT WE'RE IN A DIFFERENT PLACE NOW
THAN WE WERE, SAY, 20 YEARS AGO AND TO MAKE IT SO DIFFICULT, SO ONEROUS,
SO BURDENSOME TO ADMIT INTO EVIDENCE THAT WHICH WE NOW TAKE AS -- AS
FACTS DOESN'T MAKE SENSE. IF WE WANT TO MAKE SURE THAT -- THAT COURT
PROCEEDINGS CAN PROCEED IN AN EXPEDITIOUS FASHION, AND THIS DOES SO
WITHOUT VIOLATING ANYBODY'S RIGHTS; IT GIVES PEOPLE THE OPPORTUNITY TO
OBJECT AND HOPEFULLY COME OUT IN A FAIR FASHION.
MR. GOODELL: THANK YOU VERY MUCH FOR YOUR
COMMENTS.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: FOR 130 YEARS, THE COURTS IN NEW
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NYS ASSEMBLY MARCH 11, 2019
YORK STATE HAVE TAKEN JUDICIAL NOTICE OF ALL THE FACTS IN A CASE THAT ARE
INDISPUTABLE, FOR 130 YEARS. IT'S NOT LIKE IT'S A NEW CONCEPT. IT'S BEEN
AROUND SINCE 1889. THERE'S ABSOLUTELY NO REASON FOR THE LEGISLATURE TO
STEP IN AND SAY TO THE COURTS, HEY, GUESS WHAT? THERE'S A WHOLE
CATEGORY OF FACTS THAT ARE IN DISPUTE AND WE WANT YOU TO TAKE JUDICIAL
NOTICE OF DISPUTED FACTS. WHY WOULD WE EVER DO THAT, MY FRIENDS?
ANY ONE OF US OR ANY ONE OF OUR CONSTITUENTS MAY AT SOME POINT BE A
PLAINTIFF OR A DEFENDANT IN SOME CIVIL LITIGATION AND BEFORE WE PULL THE
RULES OF EVIDENCE AND SAY YOU CANNOT TAKE JUDICIAL NOTICE OF A FACT THAT
MIGHT NOT BE ACCURATE, WE SHOULD LEAVE THAT DECISION TO THE COURTS.
THEY KNOW HOW TO DETERMINE WHAT TO TAKE JUDICIAL NOTICE OF. THEY
DON'T NEED US TO CARVE OUT A LITTLE EXCEPTION.
SO, WHAT IS THIS EXCEPTION THAT WE'RE BEING ASKED, TO
OVERRULE THE COURT SYSTEM ON AND DIRECT THEM TO TAKE JUDICIAL NOTICE.
THE EXCEPTION IS MAPS THAT COME WITH A DISCLAIMER. WE WANT THE
COURTS TO ACCEPT JUDICIALLY THE ACCURACY OF MAPS THAT ARE ACCOMPANIED
BY A STATEMENT THAT SAYS THESE MAPS ARE NOT ACCURATE; THEY SHOULD NOT
BE RELIED ON; THEY'RE NOT A SUBSTITUTE FOR A SURVEY; THEY'RE NOT INTENDED
FOR AND SHOULD NOT BE USED TO ESTABLISH BOUNDARY LINES, LOCATIONS OR TO
PROVIDE ANY OTHER INFORMATION FOR ANY OTHER PURPOSE.
WE'RE ASKING THE COURT TO SAY WE'RE IGNORING THE
DISCLAIMER THAT COMES WITH THESE MAPS AND WE'RE SHIFTING THE BURDEN
AND THE COST ONTO THE OTHER SIDE TO PROVE THAT A FACT THAT'S NOT
INDISPUTABLE ISN'T INDISPUTABLE. FOR THESE REASONS, I WOULD RECOMMEND
WE NOT SUPPORT THIS BILL. THANK YOU AGAIN TO MY COLLEAGUE. THANK
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NYS ASSEMBLY MARCH 11, 2019
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER D. ROSENTHAL: ARE THERE
ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. RAMOS.
MR. RAMOS: MR. SPEAKER, CAN WE GO TO CALENDAR
NO. 33, PAGE 11, MR. LAVINE.
ACTING SPEAKER D. ROSENTHAL: THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A02682-A, CALENDAR
NO. 33, LAVINE, CUSICK, PAULIN, L. ROSENTHAL, LUPARDO, BUCHWALD,
JAFFEE, ABINANTI, SIMON, DINOWITZ, BLAKE, FAHY, ROZIC, LIFTON,
CARROLL, GALEF, TAYLOR, D'URSO, QUART, GRIFFIN, JACOBSON. AN ACT TO
AMEND THE ELECTION LAW, IN RELATION TO ENACTING THE VOTER FRIENDLY
BALLOT ACT; AND TO REPEAL SECTION 7-108 OF SUCH LAW RELATING TO THE
FORM OF BALLOTS.
ACTING SPEAKER D. ROSENTHAL: AN
EXPLANATION IS REQUESTED. OH -- ON A MOTION BY THE SENATE -- ON A
MOTION BY THE SENATE BILL [SIC] IS BEFORE THE HOUSE. THE SENATE BILL IS
19
NYS ASSEMBLY MARCH 11, 2019
ADVANCED.
AN EXPLANATION IS REQUESTED.
MR. LAVINE: THANK YOU. WHEN THE VOTER FRIENDLY
BALLOT ACT WAS DRAFTED, THE IDEA WAS TO FIX, IN SECTION 15, THE TIME FOR
THE PUBLIC INSPECTION OF BALLOTS. 7-128 OF THE ELECTION LAW CURRENTLY
PROVIDES A FIVE DAY PRE-ELECTION INSPECTION DEADLINE, WHICH CREATES AN
IMPOSSIBLE TIME PERIOD TO FIX ANY ERRORS AND REPRINT OR RETEST ALL VOTING
EQUIPMENT FOR THE ELECTION. THE NEW DATE -- THE NEW DATE AND --
PROPOSED IN THIS BILL MOVES THE INSPECTION DEADLINE TO 28 DAYS BEFORE
THE ELECTION. WHEN THE UNIFORM PRIMARY LAW WAS ADOPTED - AND THAT'S
CHAPTER 5 - THE DEADLINE FOR THE STATE AND COUNTY BOARDS OF ELECTION
TO CERTIFY THE BALLOT ISSUES MOVE FROM 35 AND 34 DAYS BEFORE AN
ELECTION TO 55 AND 54 DAYS BEFORE A PRIMARY OR GENERAL ELECTION.
I HOPE EVERYBODY'S LISTENING, BECAUSE YOU'RE ALL GOING
TO BE TESTED ON THIS AS SOON AS I SHUT UP.
(LAUGHTER)
SO ONCE THE CANDIDATES ARE CERTIFIED, THE COUNTY
BOARDS NEED SOME TIME TO PREPARE A DRAFT BALLOT AND MAKE -- MAKE THE
SAME AVAILABLE FOR PUBLIC INSPECTION. SINCE CHAPTER 5 MOVED THE
DEADLINE MUCH EARLIER, WE SHOULD ALIGN THE VOTER FRIENDLY BALLOT ACT
TIME PERIOD FOR SUCH PUBLIC INSPECTION CLOSER TO THE 55/54 DAY
DEADLINE, THAT WAY CANDIDATES, WATCHERS, PARTY LEADERS CAN EXAMINE THE
SAMPLE BALLOTS AND PROVIDE TIMELY INFORMATION TO THE COUNTY BOARDS
OF ELECTION OF ANY KIND OF TYPE, OR ANY TYPES OF TYPOS OR TRANSLATION
ISSUES THAT MAY BE PRESENT ON THE SAMPLE BALLOT. SUCH A PROCESS WOULD
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NYS ASSEMBLY MARCH 11, 2019
HELP FACILITATE THE PRINTING OF BALLOTS, PROGRAMMING VOTING EQUIPMENT
AND COMPLETING PRE-ELECTION - YES, RICHARD, I AM ACTUALLY READING
SOMETHING - PRE-ELECTION LOGIC AND ACCURACY TESTING IN A TIMELY AND
EFFICIENT MANAGER [SIC].
UNFORTUNATELY, WE MISSED THIS POINT WHEN 2682 CAME
UP FOR A VOTE EARLIER THIS YEAR; HARD TO IMAGINE. BUT WE WOULD
RECOMMEND CONSIDERATION TO FIX THIS NOW. THIS IS OUR OPPORTUNITY TO
CURE THIS PROBLEM. DO YOU WANT -- I CAN GO ON FOR A FEW MORE PAGES.
ACTING SPEAKER D. ROSENTHAL: MR.
GOODELL.
MR. GOODELL: THANK YOU, MR. LAVINE.
(LAUGHTER)
ACTING SPEAKER D. ROSENTHAL: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER D. ROSENTHAL: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BUCHWALD TO EXPLAIN HIS VOTE.
MR. BUCHWALD: THANK YOU, MR. SPEAKER. THIS
IS A VERY FINE DAY. WE ARE FINALLY PASSING THROUGH BOTH HOUSES OF THE
LEGISLATURE THE VOTER FRIENDLY BALLOT ACT, A BILL WHICH SIMPLY STANDS
FOR THE PRINCIPLE THAT VOTERS SHOULD HAVE AS MUCH OPPORTUNITY AS
POSSIBLE TO READ AND UNDERSTAND THEIR BALLOT. THIS SHOULD NOT BE A
PARTISAN ISSUE. I'M PLEASED TO SEE BASED ON THE RESULTS SO FAR OF THIS
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NYS ASSEMBLY MARCH 11, 2019
VOTE, IT IS NOT A PARTISAN ISSUE IN THIS HOUSE.
BUT, FRANKLY, IT'S BILLS LIKE THIS THAT SHOULD HAVE BEEN
ENACTED A LONG TIME AGO. I'M VERY PLEASED THAT THIS BILL IS BEING SENT TO
THE GOVERNOR FOR HIS ACTION, BECAUSE I HEAR FROM FAR TOO MANY
CONSTITUENTS OF THEIR DIFFICULTY BECAUSE OF THE SMALL FONT SIZE OR
BECAUSE OF THE LAYOUT OF THE BALLOT, THINGS SHOULD BE AS SIMPLE AS
POSSIBLE WHEN IT COMES TO BASICALLY FOCUSING ON THE DECISION, THE
IMPORTANT DECISION THAT VOTERS HAVE. SO, I WANT TO CONGRATULATE THE
SPONSOR OF THIS BILL AND THE SPONSOR IN THE SENATE WHO USED TO SERVE IN
THIS HOUSE, BECAUSE THIS IS A TRULY GOOD DAY FOR THE VOTERS OF NEW
YORK. THANK YOU VERY MUCH, MR. SPEAKER. I VOTE AYE.
ACTING SPEAKER D. ROSENTHAL: MR.
BUCHWALD IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. RAMOS.
MR. RAMOS: MR. SPEAKER, AT THIS TIME CAN WE GO TO
PAGE 3, CALENDAR NO. 98.
ACTING SPEAKER D. ROSENTHAL: PAGE 3,
CALENDAR NO. 98, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00569, CALENDAR NO.
98, JAFFEE, WRIGHT. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO SERVICES FOR RELATIVE AND NON-RELATIVE KINSHIP CAREGIVERS.
ACTING SPEAKER D. ROSENTHAL: ON A MOTION
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NYS ASSEMBLY MARCH 11, 2019
BY MS. JAFFEE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER D. ROSENTHAL: 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.
ON A MOTION BY --
(PAUSE)
THE CLERK: ASSEMBLY NO. A00654, CALENDAR NO.
99, PAULIN, SEAWRIGHT, DICKENS, DINOWITZ, D'URSO, GALEF, GOTTFRIED,
JAFFEE, JOYNER, PICHARDO, L. ROSENTHAL, SIMON, STECK, NIOU, HEVESI,
QUART. AN ACT TO REPEAL SECTION 240.37 OF THE PENAL LAW, RELATING TO
LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE; AND TO
AMEND THE PENAL LAW, THE CRIMINAL PROCEDURE LAW, THE SOCIAL
SERVICES LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
IN RELATION TO MAKING TECHNICAL CORRECTIONS RELATING THERETO.
ACTING SPEAKER D. ROSENTHAL: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01125, CALENDAR NO.
100, HAS BEEN AMENDED.
ASSEMBLY NO. A01261, CALENDAR NO. 101, BRONSON,
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NYS ASSEMBLY MARCH 11, 2019
MOSLEY, JACOBSON, HYNDMAN, M.G. MILLER, REYES, LIFTON, MAGNARELLI,
GLICK, D'URSO, WALLACE, COLTON, ROZIC, STIRPE, KIM, CARROLL, PHEFFER
AMATO, STECK, L. ROSENTHAL, SMITH, DESTEFANO, BRABENEC, RYAN,
JAFFEE, RAMOS, SIMOTAS, ORTIZ, PICHARDO, ABBATE, ABINANTI,
DENDEKKER, BICHOTTE, DE LA ROSA, FALL, SANTABARBARA, PERRY,
BARNWELL, NOLAN, WALKER, CUSICK, BENEDETTO, NIOU, VANEL, JONES,
GOTTFRIED, BLAKE, QUART, SOLAGES, TITUS, HUNTER, D. ROSENTHAL,
ZEBROWSKI, BRAUNSTEIN, TAYLOR, WOERNER, FAHY, RICHARDSON, EPSTEIN,
SEAWRIGHT, RODRIGUEZ, DINOWITZ, JOYNER, ROMEO. AN ACT TO AMEND THE
LABOR LAW, IN RELATION TO HOURS, WAGES AND SUPPLEMENTS IN CONTRACTS
FOR PUBLIC WORK.
ACTING SPEAKER D. ROSENTHAL: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01740, CALENDAR NO.
102, SEAWRIGHT, D'URSO. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO SATISFYING FILING REQUIREMENTS.
ACTING SPEAKER D. ROSENTHAL: THE BILL IS
LAID ASIDE.
ON A MOTION BY MS. SEAWRIGHT, THE SENATE BILL IS
BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01851, CALENDAR NO.
103, MAGNARELLI, BENEDETTO, GALEF, GUNTHER, ORTIZ, RIVERA, TITUS,
ABBATE, STIRPE, JAFFEE, OTIS, ARROYO, MOSLEY, DAVILA, PICHARDO,
WEPRIN. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO
PROHIBITING A CHILD LESS THAN TEN YEARS OF AGE FROM BEING LEFT
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NYS ASSEMBLY MARCH 11, 2019
UNATTENDED IN A MOTOR VEHICLE UNDER CONDITIONS PRESENTING SUBSTANTIAL
RISK.
ACTING SPEAKER D. ROSENTHAL: ON A MOTION
BY MR. MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01920, CALENDAR NO.
104, L. ROSENTHAL, JAFFEE, ZEBROWSKI, GOTTFRIED, CAHILL, PERRY, WEPRIN,
COLTON, ABINANTI, DE LA ROSA. AN ACT TO AMEND THE CIVIL RIGHTS LAW,
IN RELATION TO ELECTRONIC MONITORING.
ACTING SPEAKER D. ROSENTHAL: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02122, CALENDAR NO.
105, PICHARDO, SAYEGH, TAYLOR. AN ACT TO AMEND THE PUBLIC SERVICE
LAW, IN RELATION TO MAKING GAS AND ELECTRIC BILLING INFORMATION FOR
RESIDENTIAL RENTAL PREMISES AVAILABLE UPON REQUEST.
ACTING SPEAKER D. ROSENTHAL: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02634, CALENDAR NO.
106, CUSICK, STIRPE. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION
TO PERMITTING CERTAIN PHYSICIANS TO PRACTICE MEDICINE IN NEW YORK
STATE IF THEY ARE LICENSED TO PRACTICE IN ANOTHER STATE OR TERRITORY.
ACTING SPEAKER D. ROSENTHAL: ON A MOTION
BY MR. CUSICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
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NYS ASSEMBLY MARCH 11, 2019
DAY.
ACTING SPEAKER D. ROSENTHAL: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
CALL ON MR. OTIS FOR AN ANNOUNCEMENT.
ACTING SPEAKER AUBRY: MR. OTIS FOR THE
PURPOSE OF A [SIC] ANNOUNCEMENT.
MR. OTIS: FOLLOWING THE COMPLETION OF SESSION, WE
WILL HAVE AN IMMEDIATE DEMOCRATIC CONFERENCE TO EASE US INTO THE
EVENING.
ACTING SPEAKER AUBRY: DEMOCRATIC
CONFERENCE IMMEDIATELY FOLLOWING SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE RESOLUTIONS.
WE WILL TAKE THEM 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. 160-162
26
NYS ASSEMBLY MARCH 11, 2019
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL 1:00 P.M., TUESDAY, MARCH THE 12TH,
TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 6:46 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, MARCH 12TH AT 1:00 P.M., TUESDAY BEING A
SESSION DAY.)
27