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

                                          2



                    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,

                                          6



                    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.

                                          8



                    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.

                                          9



                    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

                                         10



                    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

                                         17



                    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

                                         18



                    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

                                         20



                    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

                                         21



                    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

                                         22



                    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,

                                         23



                    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

                                         24



                    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

                                         25



                    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