TUESDAY, MARCH 12, 2019                                             1:35 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 RABBI JEFFREY ROTHMAN WILL OFFER A PRAYER.

                                 RABBI DR. JEFFREY ROTHMAN:  MEMBERS OF

                    THE ASSEMBLY, I WOULD LIKE TO READ AN INVOCATION OF AN ANCIENT TEXT

                    FROM ETHICS OF OUR FATHERS, ORIGINALLY WRITTEN IN HEBREW, AND I WILL

                    TRANSLATE IT INTO ENGLISH:  GO FORTH AND SEE WHICH IS THE GOOD WAY TO

                    WHICH A MAN SHOULD ADHERE.  RABBI ELIEZER SAID:  A GOOD EYE.  RABBI

                    YEHOSHUA SAID:  A GOOD FRIEND.  RABBI YOSSI SAID:  A GOOD NEIGHBOR.

                    RABBI SHIMON SAID:  ONE WHO CONSIDERS THE CONSEQUENCES OF HIS

                    ACTIONS.  RABBI ELAZAR SAID:  A GOOD HEART.  HE SAID TO THEM, I PREFER

                    THESE LAST WORDS OF RABBI ELAZAR TO YOURS, BECAUSE IN HIS WORDS, YOURS

                    ARE INCLUDED.

                                          1



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 OUR FATHER IN HEAVEN, GUARD AND PROTECT THESE

                    MEMBERS OF THE NEW YORK STATE ASSEMBLY.  INSTILL WITHIN THEM THESE

                    ATTRIBUTES MENTIONED IN THIS TEXT:  A GOOD EYE; ONE THAT SEES THE GOOD

                    IN PEOPLE; ONE THAT NOT ONLY APPRECIATES THE VICTORIES OF OTHERS, BUT

                    APPLAUDS THEM; A GOOD FRIEND.  FIND A GOOD FRIEND AND BE A GOOD

                    FRIEND.  FIND A FRIEND TO LEARN FROM, AND BE A GOOD FRIEND TO TEACH.

                    VALUE TRUST, PARTNERSHIP AND CONFIDENTIALITY.  A GOOD NEIGHBOR.  IT'S NOT

                    GOOD ENOUGH TO HAVE A FEW GOOD FRIENDS, BUT BE SURE TO HAVE A

                    COMMUNITY.  BE SURE TO MAKE A POSITIVE IMPACT ON THAT COMMUNITY.

                    SOMEONE WHO SEES THE CONSEQUENCES OF HIS ACTIONS.  SOMEONE WITH

                    THE FORESIGHT, THE CLARITY OF MIND AND ABILITY TO NAVIGATE DIFFICULT

                    CHOICES.  SOMEONE WHO HAS THE FORTITUDE TO KNOW WHAT IS IMPORTANT, TO

                    SEE THINGS THROUGH EVEN WHEN IT GETS DIFFICULT.  AND FINALLY, A GOOD

                    HEART.  SOMEONE WITH PATIENCE, NOT QUICK TO JUDGE OR GET ANGRY.

                    SOMEONE WHO DEVOTES HIS LIFE TO THE BETTERMENT OF OTHERS.  SOMEONE

                    WHO THINKS OF OTHERS BEFORE HIMSELF.  SOMEONE WHO JUDGES OTHERS WITH

                    THE BENEFIT OF THE DOUBT.  SOMEONE WHO ACTS WITH HUMILITY.

                                 IT IS WITH FEELINGS OF GREAT GRATITUDE TO THE MEMBERS OF

                    THIS BODY, THE PEOPLE'S HOUSE, THAT I STAND HERE BEFORE YOU TODAY AS A

                    RABBI AND AS A TEACHER REPRESENTING EDUCATION.  I AM HERE WITH TEACH

                    NYS AND OVER 600 STUDENTS FROM AROUND THE STATE.  I BLESS YOU TO

                    CONTINUE YOUR GREAT WORK IN INVESTING IN EDUCATION, IN 21ST CENTURY

                    EDUCATION, IN EDUCATION AT ALL SCHOOLS AND FOR ALL STUDENTS.  MAY GOD

                    BLESS US WITH THE ABILITY TO CONTINUE THIS IMPORTANT WORK.  MAY HE HELP

                    US APPRECIATE HOW MUCH OF AN IMPACT THAT WE HAVE ON THE CHILDREN OF

                                          2



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    THIS GREAT STATE OF NEW YORK.  AND LET US SAY AMEN.

                                 (MEMBERS:  AMEN)

                                 ACTING SPEAKER AUBRY:  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 11TH.

                                 MRS. PEOPLES-STOKES.

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

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MARCH THE

                    11TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR AN OPPORTUNITY TO OFFER A QUOTE TO MY COLLEAGUES AND

                    GUESTS IN THE CHAMBERS.  THIS QUOTE HAPPENS TO BE FROM A FIRST LADY,

                    BOTH OF THE STATE OF NEW YORK AND OF THE UNITED STATES OF AMERICA.  IT

                    IS:  "IT IS BETTER TO LIGHT A CANDLE THAN TO CURSE THE DARKNESS."  AND IT'S

                    FROM ELEANOR ROOSEVELT, MR. SPEAKER.  IT ACTUALLY FALLS RIGHT IN LINE

                    WITH THE BEAUTIFUL WORDS THAT THE RABBI SHARED WITH US THIS AFTERNOON.

                                 SO, WITH THAT, MR. SPEAKER, I WILL REMIND MEMBERS

                    THAT ON OUR DESK WE HAVE A -- A MAIN CALENDAR AND AFTER ANY

                    INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL CONTINUE TO CONSENT THE

                                          3



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    NEW BILLS THAT -- WHERE WE LEFT OFF, WITH CALENDAR NO. 107, THAT'S ON

                    PAGE 12.  AND MEMBERS SHOULD ALSO BE AWARE THAT THERE WILL BE A NEED

                    TO CALL SEVERAL COMMITTEES:  RULES, LOCAL GOVERNMENTS, TOURISM AND

                    VETERAN AFFAIRS.  THESE COMMITTEES WILL PRODUCE A [SIC] A-CALENDAR.

                    OUR PRINCIPAL WORK FOR THE DAY WILL BE TAKEN UP BY BILLS FROM BOTH THE

                    A-CALENDAR -- THE MAIN AND THE A-CALENDARS, WHICH PULL TOGETHER THE

                    ASSEMBLY SUNSHINE PACKAGE.

                                 FOR OUR MAJORITY MEMBERS, NO SURPRISE, BUT THERE WILL

                    BE A NEED FOR A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF TODAY'S

                    SESSION.  AND AS ALWAYS, WE WILL CONSULT WITH THE MINORITY THROUGHOUT

                    THE DAY TO SEE IF THEY HAVE CONFERENCE NEEDS, AS WELL.

                                 MR. SPEAKER, THAT'S THE GENERAL OUTLINE OF WHERE WE'RE

                    GOING TO GO TODAY.  IF THERE ARE ANY INTRODUCTIONS AND/OR HOUSEKEEPING,

                    NOW WOULD BE AN APPROPRIATE TIME.

                                 ACTING SPEAKER AUBRY:  NO HOUSEKEEPING,

                    BUT WE DO HAVE INTRODUCTIONS.

                                 MR. EICHENSTEIN.

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

                    HAVE THE HONOR OF INTRODUCING OUR GUEST CLERGY HERE TODAY, RABBI DR.

                    JEFFREY ROTHMAN, EXECUTIVE DIRECTOR OF YESHIVAH FLATBUSH.  RABBI

                    ROTHMAN JOINED YESHIVAH FLATBUSH LAST YEAR WITH OVERSIGHT OF BOTH THE

                    ELEMENTARY SCHOOL AND THE JOEL BRAVERMAN HIGH SCHOOL, AS WELL AS THE

                    EXECUTIVE OFFICE FUNCTIONS OF FINANCE, TUITION, OPERATIONS, SECURITY,

                    DEVELOPMENT, PUBLIC RELATIONS AND MARKETING, ADMISSIONS AND

                    TECHNOLOGY.  HE BRINGS YESHIVAH FLATBUSH'S PASSION FOR EXCELLENCE,

                                          4



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    21ST CENTURY LEARNING AND COMMUNICATION AND CUSTOMER SERVICE.

                                 RABBI ROTHMAN SPENT ALL OF HIS PREVIOUS 17 YEARS OF

                    WORK EXPERIENCE IMPROVING JEWISH DAY SCHOOLS.  AS HEAD OF SCHOOL OF

                    NETIVOT HATORAH IN TORONTO, ONTARIO, HE WAS A DRIVER OF THE SCHOOL'S

                    GROWTH AND SUCCESS BY FOCUSING ON INSTITUTIONAL ADVANCEMENT AND

                    PROFESSIONALISM IN EVERY ASPECT OF THE SCHOOL'S EXPERIENCE.  PRIOR TO HIS

                    POSITION AT NETIVOT, RABBI ROTHMAN SPENT 11 YEARS AT THE HEBREW

                    ACADEMY OF LONG BEACH AS PRINCIPAL OF ACADEMIC INITIATIVES AND

                    ADVANCED LEARNING.  IN HIS POSITION AT HEBREW ACADEMY OF LONG

                    BEACH, HE IMPLEMENTED A NEW TECHNOLOGY INFRASTRUCTURE AND

                    RE-ENVISIONED THE SCHOOL'S APPROACH TO PROFESSIONAL DEVELOPMENT.

                                 RABBI ROTHMAN IS A GRADUATE OF YESHIVAH UNIVERSITY

                    WITH A BACHELOR OF SCIENCE IN BUSINESS AND MANAGEMENT, RABBINIC

                    ORDAINED, AND A DOCTOR OF EDUCATION, ADMINISTRATION AND SUPERVISION.

                    HE ALSO HOLDS A MASTERS IN PUBLIC ADMINISTRATION FROM NEW YORK

                    UNIVERSITY'S ROBERT F. WAGNER GRADUATE SCHOOL OF PUBLIC SERVICE.

                                 MR. SPEAKER, WOULD YOU PLEASE OFFER RABBI DR.

                    JEFFREY ROTHMAN THE CORDIALITIES OF THE HOUSE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. EICHENSTEIN, THE SPEAKER AND ALL THE MEMBERS, RABBI, WE

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

                    YOU THE PRIVILEGES OF THE FLOOR.  THANK YOU FOR YOUR GREAT WORDS THIS

                    MORNING, AND MAY GOD BE WITH YOU.

                                 RABBI ROTHMAN:  THANK YOU FOR HAVING ME.

                                 (APPLAUSE)

                                          5



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 MS. DICKENS.

                                 MS. DICKENS:  THANK YOU, MR. SPEAKER PRO TEM.

                    IT IS MY DISTINCT HONOR TO WELCOME TO OUR GREAT HOUSE, THE PEOPLE'S

                    HOUSE, THE 15-A COALITION HEADED BY REVEREND JACQUES DEGRAFF AND

                    PAUL WILLIAMS OF 100 BLACK MEN, IN PARTNERSHIP WITH THE NEW YORK

                    BRANCH AND THE MID-MANHATTAN BRANCH OF THE NAACP AND PRESIDENT

                    GEOFF EATON, AND OF WHICH WE HAVE WITH US THE HONOR OF HOSTING THE

                    HONORABLE HAZEL N. DUKES, PRESIDENT OF THE NEW YORK STATE

                    CONFERENCE OF BRANCHES, OF WHICH I'M A MEMBER, A LIFETIME MEMBER.

                    AND I ASK TO JOIN WITH ME AND OTHER MEMBERS OF THIS HOUSE, SUCH AS

                    OUR MAJORITY LEADER, CRYSTAL PEOPLES-STOKES, AND MANY OTHER

                    MEMBERS OF THE ASSEMBLY; LATRICE WALKER, ALICIA HYNDMAN,

                    TREMAINE WRIGHT AND OTHERS, TO ASK FOR ALL CORDIALITIES OF THIS HOUSE BE

                    GRANTED TO THEM.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    AFTER MS. DICKENS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

                    DISTINGUISH BODY HERE TO THE NEW YORK STATE ASSEMBLY.  WE EXTEND TO

                    YOU THE PRIVILEGES OF THE FLOOR.  WE RECOGNIZE THE GREAT WORK BEING

                    DONE, AND HAS BEEN DONE OVER THE YEARS, OF THE NAACP.  WE ARE

                    BLESSED THAT YOU ARE WITH US, BLESSED THAT YOU HAVE CONTINUED TO

                    SERVICE.  AND LET ME ADD THAT MY OWN CHAPTER, THE CORONA EAST

                    ELMHURST NAACP IS ABOVE ME, WATCHING OVER ME, THAT'S TRADITIONAL,

                    AND WE WELCOME YOU ALL.  WE HOPE THAT YOUR TIME HERE HAS BEEN

                    BENEFICIAL.  AND PARTICULARLY ALSO TO THOSE ADVOCATING FOR THE MINORITY-

                    AND WOMEN-OWNED BUSINESS PROGRAMS IN THIS STATE.  WE THANK YOU

                                          6



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    FOR ALL BEING HERE.  GOD BLESS AND CONTINUE YOUR WORK.

                                 (APPLAUSE)

                                 MS. BUTTENSCHON.

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

                    AM HONORED TO HAVE THE OPPORTUNITY TO INTRODUCE OUR PRESIDENT,

                    JACQUELINE NELSON AND FIRST VICE PRESIDENT, FELICIA JAMES WILLIAMS

                    FROM THE ROME, NEW YORK NAACP.  THIS LOCAL CHAPTER IS A DEDICATED

                    GROUP OF INDIVIDUALS THAT PROMOTES POSITIVITY WITHIN OUR COMMUNITY

                    AND BEYOND.  AND I'M SINCERELY APPRECIATIVE OF THEM TRAVELING HERE

                    TODAY.  WOULD YOU PLEASE OFFER THEM THE CORDIALITIES OF OUR HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. BUTTENSCHON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

                    THE ROME CHAPTER OF THE NAACP HERE TO THE NEW YORK STATE

                    ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  THANK YOU SO

                    MUCH FOR THE WORK THAT YOU DO IN ROME TO ESTABLISH EQUALITY AND

                    JUSTICE IN YOUR COMMUNITY.  THANK YOU AND CONTINUE THAT GREAT WORK.

                    WE APPRECIATE YOU.

                                 (APPLAUSE)

                                 MS. HYNDMAN.

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

                    ALLOWING THIS THIRD INTERRUPTION TO INTRODUCE THE QUEENS MEMBERS OF

                    THE NAACP, WITH A PARTICULAR FOCUS ON THE HEALTH COMMITTEE OF THE

                    NAACP, BECAUSE THEY'RE ADVOCATING TODAY.  ONE OF THEIR INITIATIVES IS

                    SICKLE CELL, WHICH I'VE BEEN STRONGLY FOR -- IN TRYING TO MOVE IN THIS

                    ASSEMBLY FOR THE LAST THREE YEARS.  SO, IF MS. LORRAINE

                                          7



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    BRAITHWAITE-HARTE WOULD PLEASE STAND, REVEREND DR. AGNES

                    BLACKMON, CHAPLIN LAVERNE WOODLEY, CANDICE FROM THE SICKLE CELL

                    NON-PROFIT ORGANIZATION.  I DON'T MY SEE JAMAICA CHAIR -- OH, THERE SHE

                    IS IN THE BACK, CANDACE PRINCE-MODESTE, WHO IS OUR NEW CHAIR OF THE

                    JAMAICA BRANCH OF THE NAACP IN SOUTHEAST QUEENS.  BUT THEY'RE HERE

                    TODAY TO ADVOCATE ON BEHALF OF THE NAACP AND ALSO REINFORCE THE

                    IMPORTANCE OF THIS ASSEMBLY'S PASSAGE ON SICKLE CELL TO FIGHT THIS

                    DISEASE THAT RAVAGES DISPROPORTIONATELY AFRICAN-AMERICANS AND

                    LATINOS THROUGHOUT THIS STATE AND THIS COUNTRY.  SO, PLEASE AFFORD THE

                    CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. HYNDMAN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

                    DISTINGUISHED GROUP OF BOTH QUEENS AND JAMAICA NAACP.  THANK YOU

                    FOR THE WORK THAT YOU'RE DOING ON BEHALF OF YOUR COMMUNITIES, AND

                    PARTICULARLY ON BEHALF OF RAISING AWARENESS ABOUT SICKLE CELL.  CONTINUE

                    THAT GREAT WORK.  KNOW THAT YOU ARE ALWAYS WELCOME HERE.  THANK

                    YOU.

                                 (APPLAUSE)

                                 MR. DESTEFANO.

                                 MR. DESTEFANO:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR AN INTRODUCTION.  ALONG

                    WITH MY COLLEAGUE, ANTHONY PALUMBO, WE SHARE A SCHOOL DISTRICT THAT'S

                    IN OUR AREA, THE LONGWOOD CENTRAL SCHOOL DISTRICT.  HERE WITH ME

                    TODAY IS THE LEGISLATIVE COMMITTEE, BOARD OF EDUCATION AND A NUMBER

                    OF TEACHERS THAT HAVE COME WITH THEM; A LOT OF STUDENTS, I -- I WOULD

                                          8



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    LIKE TO THANK THEM FOR SHOWING AN INTEREST IN OUR STATE GOVERNMENT, TO

                    SEE HOW THIS WORKS, TO SEE IF THEY WANT TO GET INVOLVED WHEN THEY GET

                    OLDER.  AND I WOULD LIKE YOU TO GIVE THEM THE OPPORTUNITY TO SIT AND

                    OBSERVE THE PROCEEDINGS AND GIVE THEM THE CORDIALS OF THE HOUSE.  I

                    APPRECIATE IT.

                                 ACTING SPEAKER AUBRY:  ON BEHALF OF MR.

                    DESTEFANO, MR. PALUMBO, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, BOTH STUDENTS AND

                    TEACHERS AND PARENTS.  WE WELCOME YOU HERE, HOPE THAT YOU WILL ENJOY

                    THE PROCEEDINGS.  AND FOR STUDENTS THAT ARE CONSIDERING A [SIC] INTEREST

                    IN POLITICS, WE HOPE THAT THIS IS A BEGINNING OF THEIR PROCESS OF

                    LEARNING, IF YOU'RE NOT -- HAVE NOT BEEN HERE BEFORE.  YOU KNOW THAT

                    YOU ARE ALWAYS WELCOME HERE.  YOU CERTAINLY MAKE BOTH MR.

                    DESTEFANO AND MR. PALUMBO PROUD THAT YOU HAVE JOINED THEM HERE IN

                    ALBANY TODAY.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. -- MR. DANIEL ROSENTHAL.

                                 MR. ROSENTHAL:  THANK YOU, MR. SPEAKER.

                    TODAY I AM PROUD TO INTRODUCE SOME 8TH GRADE STUDENTS FROM THE

                    YESHIVA OF CENTRAL QUEENS IN MY DISTRICT.  YCQ WAS FORMED IN 1941

                    TO PROVIDE A QUALITY EDUCATION TO THE PARENTS AND FAMILIES OF QUEENS.

                    AS A RECOGNIZED BLUE RIBBON SCHOOL, YCQ PROVIDES AN INTEGRATED

                    ACADEMIC PROGRAM FOR ITS NEARLY 1,000 STUDENTS.  THESE STUDENTS ARE UP

                    TODAY TO LEARN MORE ABOUT THE LEGISLATIVE PROCESS AND TO ADVOCATE FOR

                    THEIR SCHOOL'S NEEDS.  MR. SPEAKER, ON BEHALF OF MYSELF AND MR. -- AND

                                          9



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    ASSEMBLYMAN WEPRIN, I ASK THAT YOU EXTEND THE PRIVILEGES OF THE

                    FLOOR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. ROSENTHAL, MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, WE

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

                    PRIVILEGES OF THE FLOOR.  OUR CONGRATULATIONS ON AN EXCELLENT SCHOOL, THE

                    YESHIVA OF QUEENS, AND HOPE THAT YOU HAVE ENJOYED THE PROCEEDINGS

                    AND WILL COME BACK AND VISIT US SOON.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MS. FAHY FOR AN INTRODUCTION.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO INTERRUPT THE PROCEEDINGS AND TO REQUEST IF YOU COULD WELCOME A

                    WONDERFUL GROUP OF STUDENTS THAT WE HAVE HERE TODAY FROM THE HEBREW

                    ACADEMY, WHICH IS IN THE ALBANY -- IN MY ALBANY DISTRICT, BUT I'M

                    DOING -- GIVING GREETINGS HERE AND REQUESTING THIS ON BEHALF OF

                    ASSEMBLYMAN PHIL STECK, AS WELL AS ASSEMBLYMAN MCDONALD AND

                    MANY OTHER MEMBERS IN THIS CAPITAL REGION WHO HAVE YOUTH FROM

                    AROUND THE AREA WHO FEED INTO THIS WONDERFUL SCHOOL.  WITH THE

                    STUDENTS TODAY -- WE HAVE A FEW STUDENTS WHO ARE HERE TO ADVOCATE FOR

                    THEIR SCIENCE AND TECH PROGRAMS, AS WELL AS SECURITY NEEDS, AND JUST

                    RELATED MATTERS TO KEEP THE SCHOOL AS STRONG AS IT IS.

                                 BUT WITH THEM, WE HAVE RABBI ROY FELDMAN; ONE OF

                    THE PARENTS WHO I'VE KNOWN FOR MANY YEARS, MARCI GALENLIB

                    (PHONETIC), AND DR. NATHAN GRABER, WHO IS THE CHAIR OF THE BOARD.

                    AND I'VE KNOWN SO MANY OF THE STUDENTS OVER THE YEARS, BECAUSE MY

                                         10



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    CHILDREN HAVE COME UP THROUGH THE ALBANY SCHOOL SYSTEM, AND MANY

                    OF THE STUDENTS FROM THE HEBREW ACADEMY FEED INTO OUR ALBANY

                    SCHOOLS AND HAVE JUST BEEN STANDOUTS AND JUST WONDERFUL YOUTH WHO

                    REALLY EXEMPLIFY WHAT EDUCATION IS ABOUT.

                                 SO, IF YOU WOULD, MR. SPEAKER, GRANT THEM THE

                    PRIVILEGES OF THE FLOOR AND -- AND GIVE THEM A WARM WELCOME.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. FAHY, MR. PHILLIP STECK, MR. MCDONALD AND ALL OF THE ALBANY

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

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

                    APPRECIATED TODAY'S PROCEEDINGS AS THEY GO ON, HOPE THAT YOU HAD A

                    GREAT DAY ADVOCATING FOR THE INTERESTS OF YOUR SCHOOL AND FOR ALL

                    EDUCATION IN THIS STATE.  CONTINUE THAT GREAT WORK, WE'RE PLEASED TO

                    HAVE YOU.  THANK YOU.

                                 (APPLAUSE)

                                 (PAUSE)


                                 PAGE 4 -- PAGE 3, ASSEMBLY NO. 163, THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 163, MR.

                    OTIS.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MARCH 22, 2019 AS LYNCH SYNDROME HEREDITARY

                    CANCER AWARENESS DAY 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

                                         11



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    ADOPTED.

                                 MS. SOLAGES FOR AN INTRODUCTION.

                                 MS. SOLAGES:  THANK YOU, MR. SPEAKER.  I HAVE THE

                    PLEASURE TO BE -- TO INTRODUCE TWO GREAT ADVOCATES HELPING BLACK AND

                    BROWN WOMEN EMPOWER THEMSELVES DURING CHILDBIRTH.  SO, I'D LIKE TO

                    INTRODUCE MARTINE -- DR. MARTINE HACKETT, WHO IS AN ASSOCIATE

                    PROFESSOR AT HOFSTRA UNIVERSITY AND ALSO THE CO-CREATOR OF A GROUP

                    CALLED BIRTH JUSTICE WARRIORS.  SHE EMPOWERS WOMEN AND EDUCATES

                    WOMEN ON THEIR RIGHTS DURING CHILDBIRTH AND ENSURES THAT ALL

                    INDIVIDUALS WHO WANT TO HELP AND BUILD A VILLAGE CAN DO SO.  SHE IS

                    ALSO JOINED BY TARA CARDINEEN (PHONETIC), WHO IS A -- A, YOU KNOW, A

                    STUDENT WHO IS ALSO HELPING HER AND ADVOCATING.

                                 SO, PLEASE, ON BEHALF OF TAYLOR RAYNOR, WHO IS HER

                    ASSEMBLYMEMBER, AND I, PLEASE EXTEND TO HER ALL THE CORDIALITIES OF THE

                    HOUSE TO THESE FINE WONDERFUL WOMEN.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

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

                    WELCOME THESE TWO DISTINGUISHED LADIES HERE TO THE NEW YORK STATE

                    ASSEMBLY, COMMEND YOU ON THE WORK THAT YOU'RE DOING, EXTEND TO YOU

                    THE PRIVILEGES OF THE FLOOR.  KEEP UP THAT GOOD WORK, WE DO APPRECIATE

                    IT.  THANK YOU SO MUCH FOR JOINING US.

                                 (APPLAUSE)

                                 MR. COLTON FOR A [SIC] INTRODUCTION.

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

                    ALLOWING ME TO INTERRUPT THE PROCEEDINGS.  I HAVE A GROUP OF YOUNG

                                         12



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    MEN AND YOUNG WOMEN FROM MY DISTRICT, THE MAGEN DAVID HIGH

                    SCHOOL.  THESE ARE FINE STUDENTS, I'VE ACTUALLY HAD THE OPPORTUNITY TO

                    DEAL WITH THEM.  THEY WERE TAKING A PRE-LAW CLASS, MANY OF THEM, AND

                    THEY ARE VERY BRIGHT, THEY ARE VERY ARTICULATE, AND THEY'RE HERE TO VISIT

                    US HERE IN ALBANY TODAY.  SO, I WOULD ASK THAT YOU GRANT THEM THE

                    COURTESIES OF THE HOUSE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

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

                    GENTLEMEN AND LADIES HERE TO THE NEW YORK STATE ASSEMBLY.  WE

                    EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOUR TRIP TO ALBANY

                    HAS BEEN BENEFICIAL AND YOU WILL CONTINUE ON AND BE HOME SAFELY.

                    THANK YOU SO VERY MUCH TO YOU AND THE ADULTS THAT TRAVEL WITH YOU.

                    THANK YOU.

                                 (APPLAUSE)

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

                    WE'RE READY TO GO TO PAGE 12, CALENDAR REPORT NO. 107.

                                 ACTING SPEAKER AUBRY:  PAGE 12, CALENDAR

                    NO. 107, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02998, CALENDAR NO.

                    107, BICHOTTE, GUNTHER, DILAN, STECK, WEPRIN, L. ROSENTHAL, GALEF,

                    GOTTFRIED, JAFFEE, COOK, LAVINE, MAGNARELLI, MCDONOUGH, DAVILA.  AN

                    ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO AUTHORIZING

                    EXPEDITED PARTNER THERAPY FOR CERTAIN SEXUALLY TRANSMITTED INFECTIONS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03058, CALENDAR NO.

                                         13



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    108, RICHARDSON, NIOU.  AN ACT TO AMEND THE PENAL LAW, IN RELATION TO

                    BURGLARY IN THE SECOND DEGREE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03066, CALENDAR NO.

                    109, GANTT.  AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

                    THE COMPOSITION OF THE ROCHESTER-GENESEE REGIONAL TRANSPORTATION

                    AUTHORITY.

                                 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.)

                                 MRS. PEOPLES-STOKES.

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

                    OPPORTUNITY TO REMIND -- IT IS OUR FIRST VOTE OF TODAY.  HOPEFULLY, WE

                    WILL CAST OUR VOTES QUICKLY.  IF WE'RE IN AND AROUND THE CHAMBERS,

                    PLEASE DO SO AS SOON AS POSSIBLE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  FIRST VOTE

                    OF THE DAY.  IF YOU ARE IN YOUR SEATS, PLEASE VOTE NOW.  IF YOU ARE IN THE

                    SOUND OF OUR VOICE, BUT NOT IN THE CHAMBER, COME IN THE CHAMBER AND

                    CAST YOUR VOTE.  THANK YOU VERY MUCH.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                         14



                    NYS ASSEMBLY                                                MARCH 12, 2019

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

                    COULD PLEASE CALL THE MEMBERS OF THE RULES COMMITTEE TO MEET THE

                    SPEAKER IN THE SPEAKER'S CONFERENCE ROOM.  RULES COMMITTEE.

                                 ACTING SPEAKER AUBRY:  RULES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03487, CALENDAR NO.

                    110, SIMON.  AN ACT TO AMEND THE DOMESTIC RELATIONS LAW, IN RELATION

                    TO PERMITTING COMBINATION LAST NAME CHANGES TO OCCUR WHEN SEPARATED

                    BY A SPACE.

                                 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 FALL:  MS. SIMON TO EXPLAIN

                    HER VOTE.

                                 MS. SIMON:  JUST A -- KIND OF EXPLAIN MY VOTE, BUT

                    ALSO JUST TO ANSWER THE QUESTION THAT MANY OF YOU HAVE BEEN ASKING ME

                    AND THAT IS CURRENTLY UNDER NEW YORK LAW, IF YOU WANT TO USE BOTH

                    NAMES, YOU HAVE TO USE A HYPHEN.  THIS ALLOWS YOU TO JUST NOT USE A

                    HYPHEN.  THAT IS NOT AN OPTION THAT'S BEEN AVAILABLE UNTIL -- UNTIL WE,

                    HOPEFULLY, WE PASS THIS BILL.  THANK YOU.

                                 ACTING SPEAKER FALL:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                         15



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A03654, CALENDAR NO.

                    111, PRETLOW.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

                    PROHIBITING APPROVED ORGANIZATIONS IN THE CHILD HEALTH INSURANCE PLAN

                    FROM LIMITING THE PARTICIPATION OF CERTAIN HEALTH CARE PROVIDERS.

                                 ACTING SPEAKER FALL:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03939, CALENDAR NO.

                    112, ENGLEBRIGHT, GLICK, GALEF, PEOPLES-STOKES, L. ROSENTHAL,

                    ABINANTI, SEAWRIGHT.  AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN

                    RELATION TO REQUIRING A PARTICULARIZED AND SPECIFIC JUSTIFICATION FOR

                    DENIAL OF ACCESS TO RECORDS UNDER THE FREEDOM OF INFORMATION LAW AND

                    EXEMPTION FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW OF

                    CERTAIN LAW ENFORCEMENT RELATED RECORDS; AND TO AMEND THE CIVIL

                    RIGHTS LAW, IN RELATION TO RECORDS IDENTIFYING VICTIMS.

                                 ACTING SPEAKER FALL:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER FALL:  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.

                                         16



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF YOU COULD CALL THE VETERAN AFFAIRS COMMITTEE TO THE

                    SPEAKER'S CONFERENCE ROOM FOR A COMMITTEE MEETING, PLEASE.

                                 ACTING SPEAKER AUBRY:  VETERANS AFFAIRS,

                    SPEAKER'S CONFERENCE ROOM IMMEDIATELY.  PLEASE PROCEED.

                                 MRS. PEOPLES-STOKES.

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

                    CAN GO TO THE REMAINDER OF OUR SUNSHINE PACKAGE.  WE'RE GOING TO GO

                    TO ASSEMBLY BILL NO. 3832 BY MCDONALD, AND IT WILL BE ON DEBATE.

                                 ACTING SPEAKER AUBRY:  PAGE 10, CALENDAR

                    NO. 77, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03832, CALENDAR NO.

                    77, MCDONALD, GALEF, STIRPE, FAHY, STECK, MONTESANO, CRESPO, SIMON,

                    CAHILL, M. G. MILLER, COLTON, BLAKE, GOTTFRIED, MORINELLO.  AN ACT TO

                    AMEND THE PUBLIC BUILDINGS LAW, IN RELATION TO THE AUTHORITY OF THE

                    COMMISSIONER OF GENERAL SERVICES TO LEASE PUBLIC BUILDINGS.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED.  MEMBERS ARE REMINDED THAT WE ARE NOW ON DEBATE.

                    CONVERSATIONS SHOULD BE TAKEN TO THE BACK.  ALL OUT OF THE AISLES.  LET'S

                    GET FOLKS SETTLED IN.

                                 I BELIEVE YOU CAN PROCEED, MR. MCDONALD.

                                 MR. MCDONALD:  THANK YOU, MR. SPEAKER.  THE

                    PURPOSE OF THIS BILL IS TO REQUIRE THE DISCLOSURE OF THE NAMES AND THE

                    RESIDENTIAL ADDRESSES OF THE NATURAL PERSONS WHO ARE THE MEMBERS, THE

                                         17



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    MANAGERS OR OTHER AUTHORIZED PERSONS OF A LLC, LIMITED LIABILITY

                    COMPANY, WHEN SUCH LLC EXECUTES A LEASE AGREEMENT IN WHICH THE

                    STATE OF NEW YORK IS A TENANT.  AS YOU KNOW, THROUGHOUT THE STATE, THE

                    STATE LEASES A LOT OF PRIVATE PROPERTY.  LLCS ARE A VERY COMMON ENTITY

                    TO LEASE THOSE SPACES.  AND MY FEELING IS, BECAUSE PUBLIC MONEY IS

                    INVOLVED, WE SHOULD MAKE SURE WE HAVE AN IDEA OF WHO IS LEASING

                    THOSE PROPERTIES.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 MR. MCDONALD:  OF COURSE I WILL YIELD.

                                 ACTING SPEAKER AUBRY:  MR. MCDONALD

                    YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. MCDONALD.  IS

                    THERE A PROBLEM NOW?  I MEAN, WE KNOW WHO THE LLC IS, RIGHT?  AND

                    UNDER LEGISLATION WE ADOPTED A FEW WEEKS AGO, IF THAT LLC MAKES ANY

                    POLITICAL CONTRIBUTION, NO MATTER HOW SMALL, WE'LL KNOW ALL OF ITS

                    NATURAL MEMBERS.  WHAT IS THE NEED FOR THIS BILL?

                                 MR. MCDONALD:  YOU KNOW, FROM MY

                    PERSPECTIVE, IT GOES BACK TO A SIMPLE PHILOSOPHY.  OGS SHOULD BE

                    AWARE OF WHO THEY'RE EXECUTING THESE LEASES WITH.  WE SHOULD HAVE FULL

                    DISCLOSURE OF THE LLC MEMBERS, MAKING IT VERY CLEAR ON THE LEASE FOR

                    ANYBODY TO INSPECT THAT LEASE, BECAUSE IT WOULD BE A PUBLIC DOCUMENT.

                    IT JUST MAKES IT MUCH EASIER FOR MORE -- BETTER DISCLOSURE.

                                 MR. GOODELL:  BUT WITH THE NEW DISCLOSURE LAW

                                         18



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    THAT WE ENACTED A FEW WEEKS AGO, THE ONLY LLCS THAT WOULD BE

                    COVERED BY THIS BILL THAT DON'T ALREADY DISCLOSE THEIR MEMBERSHIP

                    WOULD BE LLCS THAT MAKE NO POLITICAL CONTRIBUTION.  DOES THAT AFFECT

                    YOUR --

                                 MR. MCDONALD:  I DIDN'T -- I DIDN'T HEAR YOU.

                                 MR. GOODELL:  THE ONLY LLCS THAT WOULD BE

                    AFFECTED BY THIS LAW WOULD BE LLCS THAT DON'T MAKE ANY POLITICAL

                    CONTRIBUTION.  DOES THAT AFFECT YOUR ANALYSIS?

                                 MR. MCDONALD:  NO, IT DOESN'T.

                                 MR. GOODELL:  DOES THIS BILL COVER CORPORATIONS?

                                 MR. MCDONALD:  IT DOES NOT.

                                 MR. GOODELL:  OR EVEN SUBCHAPTERS, CLOSELY HELD

                    SUBCHAPTER S CORPORATIONS?

                                 MR. MCDONALD:  IT DOES NOT.

                                 MR. GOODELL:  PARTNERSHIPS?

                                 MR. MCDONALD:  ACTUALLY, I HAVE THE WHOLE LIST

                    RIGHT HERE, BUT NO, IT DOESN'T.  AND --

                                 MR. GOODELL:  REAL ESTATE INVESTMENT TRUSTS?

                                 MR. MCDONALD:  NO.

                                 MR. GOODELL:  LIMITED PARTNERSHIPS?

                                 MR. MCDONALD:  NO.

                                 MR. GOODELL:  SO, OF ALL THE BUSINESS ENTITIES IN

                    NEW YORK STATE, AND THERE'S ABOUT A DOZEN, I THINK, THIS ONLY TARGETS

                    LLCS.  WHY LLCS AND NOT ANY OF THE OTHER BUSINESS ENTITIES?

                                 MR. MCDONALD:  IT'S A VALID QUESTION.  I GUESS

                                         19



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    THERE'S TWO PARTS TO THAT ANSWER.  NUMBER ONE, THERE ARE MANY LLCS

                    THROUGHOUT THE STATE, THEY SEEM TO BE THE PREPONDERANCE THAT ACTUALLY

                    EXECUTE THESE LEASES.  AND AT THE SAME TOKEN, AND I'M SURE MANY OF THE

                    MEMBERS WOULD APPRECIATE THIS, SOMETIMES IN THIS BODY WE PUT FORTH

                    LEGISLATION WHICH IS ACTUALLY OVERWHELMING AND OVER-ENCOMPASSING,

                    AND WE BRING A LOT OF ENTITIES INTO THE PICTURE, WHEN I'D RATHER START

                    SMALL, SEE HOW THIS WORKS, AND DOWN THE ROAD, BECAUSE I KNOW A

                    COUPLE OF MEMBERS HAVE MENTIONED THIS, WHY NOT INCLUDE

                    CORPORATIONS, NOT A BAD IDEA, BUT I THINK OVER TIME WE CAN GROW THAT, IF

                    NECESSARY.  I'D LIKE TO ACTUALLY SEE HOW THIS WORKS FIRST, TO SEE IF IT

                    ACTUALLY SUITS THE NEED OF CREATING BETTER OPENNESS.  AND I THINK IT

                    ACTUALLY MAKES FOR A BETTER PROCESS.

                                 MR. GOODELL:  I ACTUALLY AGREE WITH YOUR

                    ASSESSMENT THAT IT MAKES A LOT OF SENSE FOR US TO START SMALL.

                                 MR. MCDONALD:  YEAH.

                                 MR. GOODELL:  BUT THIS DISCLOSURE IS NOT LIMITED TO

                    THE CONTROLLING SHAREHOLDERS, RIGHT?  OR THE CONTROLLING MANAGERS, OR

                    CONTROLLING MEMBERS.  IT INCLUDES EVERYONE, NO MATTER HOW SMALL -- -

                                 MR. MCDONALD:  YUP.

                                 MR. GOODELL:  AND IF ANY ONE OF THOSE MEMBERS

                    IS ITSELF AN LLC, IT INCLUDES ALL OF THEIR MEMBERS --

                                 MR. MCDONALD:  YEAH.

                                 MR. GOODELL: --  NO MATTER HOW SMALL.  AND SO ON

                    UNTIL WE GET ALL THE WAY BACK TO GOD, RIGHT?

                                 MR. MCDONALD:  THAT'S WHY WE'RE STARTING SMALL.

                                         20



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 MR. GOODELL:  WHAT CAN BE A REALLY LONG, LONG LIST

                    - -

                                 MR. MCDONALD:  IT COULD GET LONG AND UNWIELDY

                    JUST -- IT COULD GET LONG AND UNWIELDY.  AND AT THE SAME TOKEN, AND,

                    YOU KNOW, WE'VE HAD THIS DISCUSSION BEFORE AND IT'S -- THERE'S MERITS IN

                    THE DISCUSSION, THERE'S NO DOUBT ABOUT IT.  THE REALITY IS THIS, AND, YOU

                    KNOW, I KNOW A GUY, A -- I KNOW A GUY WHO OWNS A PHARMACY WHO

                    ACTUALLY HAS TO DISCLOSE A LOT OF THINGS TO PARTICIPATE IN NEW YORK STATE

                    MEDICAID.  AND THIS GUY ALSO ACTUALLY HAS LOTTERY IN HIS PHARMACY, AND

                    HE HAS TO DISCLOSE ALL HIS INFORMATION.  AND THE BOTTOM LINE AT THE END

                    OF THE DAY, IF YOU'RE GOING TO ENGAGE IN -- IN WORKING WITH PUBLIC

                    MONEY, WHICH IS WHAT THIS IS AT THE END OF THE DAY, YOU NEED TO BE

                    PREPARED TO BE FULLY VETTED AND TO MAKE SURE THAT YOU UNDERSTAND THIS

                    IS PUBLIC MONEY, AND YOU'RE GOING TO BE PUBLICALLY KNOWN, ONE WAY OR

                    THE OTHER.  POTENTIALLY.  HOPEFULLY NOT.  I LIKE TO THINK THE MAJORITY OF

                    LEASES EXECUTED IN THIS STATE ARE APPROPRIATE, THAT THEY'VE BEEN ABOVE

                    BOARD, THE WHOLE NINE YARDS.  BUT YOU DON'T KNOW WHAT YOU DON'T KNOW

                    SOMETIMES.

                                 MR. GOODELL:  NOW, YOU MENTIONED THAT WE

                    STARTED WITH JUST LLCS WITHOUT INCLUDING ANY OF THE OTHER BUSINESS

                    ENTITIES, INCLUDING CORPORATIONS, REAL ESTATE INVESTMENT TRUSTS OR

                    ANYTHING ELSE, BUT IN REALITY IF ANY OF THOSE OTHER BUSINESS ENTITIES WAS

                    A MEMBER OF THE LLC, THEN THEY ARE FORCED TO DISCLOSE, CORRECT?

                                 MR. MCDONALD:  POTENTIALLY.  POTENTIALLY.

                    POTENTIALLY.  IT WASN'T MY INTENTION, BUT LIKE ANYTHING ELSE, SOME THINGS

                                         21



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    MAY BE CAUGHT UP IN IT.

                                 MR. GOODELL:  SO, IF, PER CHANCE, GENERAL ELECTRIC

                    CORPORATION IS AN LLC MEMBER, THEN YOU WOULD EXPECT GENERAL

                    ELECTRIC TO DISCLOSE ALL OF ITS SHAREHOLDERS IN ORDER TO COMPLY WITH THIS

                    LAW?

                                 MR. MCDONALD:  WELL, I WOULD HOPE THAT IT

                    WOULDN'T COME TO THAT, BUT THAT'S -- THAT'S, I GUESS, A POTENTIAL WITH THIS

                    LEGISLATION AS YOU'RE SAYING.

                                 MR. GOODELL:  WELL, I'LL -- I'LL GIVE YOU A SCENARIO

                    BECAUSE NORMALLY GENERAL ELECTRIC IS NOT A LESSOR FOR THE STATE, BUT, AS

                    YOU KNOW, A DIVISION OF GENERAL ELECTRIC IS GENERAL ELECTRIC FINANCE

                    ARM, AND SO IF THE FINANCE ARM FORECLOSES ON A LOAN THAT'S SECURED BY AN

                    LLC INTEREST, ALL OF A SUDDEN GENERAL ELECTRIC IS NOW A MEMBER OF AN

                    LLC.  OR COULD BE.  IF GENERAL ELECTRIC IS REQUIRED TO DISCLOSE ITS

                    COMPLETE SHAREHOLDER LIST, THIS REQUIRES DISCLOSURE OF RESIDENTIAL

                    ADDRESS.  I'M NOT SURE IF GENERAL ELECTRIC EVEN HAS A RESIDENTIAL ADDRESS

                    OF ALL OF ITS SHAREHOLDERS.  HOW WOULD THEY COMPLY?

                                 MR. MCDONALD:  I THINK THEY'D HAVE TO WORK ON

                    THAT.

                                 MR. GOODELL:  I'M SORRY?

                                 MR. MCDONALD:  I THINK THEY'D HAVE TO WORK ON

                    THAT.  I MEAN, THE REALITY IS IF YOU'RE GOING TO ENTER INTO A LEASE

                    AGREEMENT WITH THE STATE OF NEW YORK, THERE ARE CERTAIN CONDITIONS

                    THAT YOU WOULD HAVE TO MEET IF THIS BILL IS SUCCESSFUL.  AND THAT MAY BE

                    ONE OF THEM.  I KNOW MY INVESTMENTS, THEY KNOW MY ADDRESS, I GET

                                         22



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    MAIL SENT TO ME QUITE REGULARLY ON MY PERSONAL ADDRESS.  BUT YOU RAISE

                    A GOOD POINT, THERE MAY BE SOME THAT PREFER NOT TO DISCLOSE THAT.

                    THAT'S SOMETHING THAT THE CORPORATION WOULD HAVE TO CONSIDER IN -- IN

                    THE WHOLE PROCESS HERE.

                                 MR. GOODELL:  NOW, THE ABILITY TO JOIN AN LLC OR

                    SOMETIMES EVEN TO SELL YOUR INTEREST IN AN LLC OR BE THROWN OUT OF AN

                    LLC, IS ALL GOVERNED BY THE INTERNAL DOCUMENTS OF AN LLC.  WHAT IS

                    THE REMEDY OF AN LLC IF ONE OF ITS MEMBERS, A MEMBER LLC OR A

                    MEMBER CORPORATION REFUSES TO DISCLOSE THE INFORMATION REQUIRED BY

                    THIS LAW?  WHAT -- DO YOU ENVISION WHAT THE LLC -- DOES THIS LAW, FOR

                    EXAMPLE, GIVE THE LLC THE RIGHT TO EXPEL THAT MEMBER?

                                 MR. MCDONALD:  I WOULD HOPE THAT THE MANAGING

                    MEMBERS OR THE BOARD OF AN LLC WOULD, KNOWING THAT THEY WERE

                    COMPETING FOR A LEASE FOR STATE PROPERTY, WOULD DO THEIR DUE DILIGENCE

                    AND UNDERSTAND THEIR RESPONSIBILITIES AND ADDRESS THAT ISSUE INSTEAD OF

                    HAVING THE SITUATION POTENTIALLY YOU'RE MENTIONING, WHERE THEY'D HAVE

                    TO ADDRESS THAT LATER DOWN THE ROAD.

                                 MR. GOODELL:  OF COURSE, ONE OF THE ISSUES YOU

                    HAVE WHEN YOU HAVE POTENTIALLY A MASSIVE AMOUNT OF DISCLOSURE CALLED

                    FOR, WHEN -- AT WHAT POINT IN TIME WOULD THAT DISCLOSURE BE REQUIRED?

                    AS OF THE DATE THAT THE LEASE WAS SIGNED?  I MEAN, FOR EXAMPLE, IF YOU

                    GO TO A CORPORATION AND YOU SAY WHAT YOUR -- WHO ARE YOUR

                    SHAREHOLDERS, THEY'LL SAY, WHEN?  AND I MEAN IT'S -- BY THE WAY, IT'S NOT

                    JUST DAYS, IT'S HOUR AND MINUTE IF IT'S A LARGER CORPORATION.  SO, AT WHAT

                    POINT IS THE MEMBERSHIP DISCLOSURE TRIGGERED?

                                         23



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 MR. MCDONALD:  SIMPLY, I WOULD PUT AT THE

                    EXECUTION OF THE LEASE.  BUT I RECOGNIZE TOTALLY THAT THAT COULD BE A

                    FLUID -- FLUID OPPORTUNITY.  BUT I WOULD THINK THAT OGS PROBABLY IN THE

                    REGULATIONS WOULD PROBABLY WANT TO DEFINE THAT PERIOD.

                                 MR. GOODELL:  AS YOU CAN APPRECIATE, THERE ARE

                    PEOPLE WHO ARE VERY, VERY SENSITIVE ABOUT THEIR RESIDENTIAL ADDRESS.

                                 MR. MCDONALD:  YES.

                                 MR. GOODELL:  THEY MAY BE, FOR EXAMPLE, VICTIMS

                    OF DOMESTIC ABUSE, AND THEY ABSOLUTELY DO NOT WANT THEIR RESIDENTIAL

                    ADDRESS OUT THERE.  IS THERE ANY PROTECTION IN THIS BILL FOR THOSE WHO

                    WANT TO KEEP THEIR RESIDENTIAL ADDRESS CONFIDENTIAL FOR LEGITIMATE

                    REASONS, LIKE THEY'RE A VICTIM OF DOMESTIC ABUSE?

                                 MR. MCDONALD:  NOT IN THIS BILL AS IT'S STATED.

                    HOWEVER, OGS COULD MODIF -- IN THE REGULATIONS MAKE THAT

                    DETERMINATION.

                                 MR. GOODELL:  AND IF A --

                                 MR. MCDONALD:  CAN I -- ANDY -- I'M SORRY, MR.

                    GOODELL, EXCUSE ME.  YOU KNOW, I GO BACK TO, YOU KNOW, AT THE END OF

                    THE DAY --

                                 MR. GOODELL:  MR. MCDONALD --

                                 MR. MCDONALD:  -- THERE ARE CERTAIN LLCS --

                                 MR. GOODELL:  YOU CAN CALL ME ANDY, THERE'S

                    OTHER FOUR LETTERS WORDS I'D RATHER YOU DIDN'T, BUT "ANDY" IS OKAY.

                                 (LAUGHTER)

                                 MR. MCDONALD:  OKAY.  NO HYPHEN.  THAT'S A

                                         24



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    GOOD THING, RIGHT.

                                 SO, ANYWAYS, YOU KNOW, THE REALITY IS, LIKE ANYTHING

                    ELSE, THERE ARE LLCS --

                                 MR. SPEAKER?

                                 ACTING SPEAKER AUBRY:  SHH.  LADIES AND

                    GENTLEMEN.  THANK YOU.

                                 MR. MCDONALD:  I WOULD HOPE THAT, YOU KNOW,

                    WITH THE ONSET OF THIS LEGISLATION IF IT'S SUCCESSFUL, THAT, YOU KNOW, OGS

                    WOULD BE A LITTLE BIT MORE FORWARD-LOOKING IN REGARDS TO SHARING

                    INFORMATION SO THAT THOSE INDIVIDUALS WHO ARE LOOKING TO EXECUTE

                    LEASES WITH THE STATE.  IT DOESN'T IMPACT LEASES ALREADY IN PLAY, IT --

                    WE'RE TALKING ABOUT NEW LEASES BEING EXECUTED DOWN THE ROAD, THAT

                    INDIVIDUALS WILL BE AWARE OF THIS, AND THAT MAY HELP MAKE THEIR

                    DECISION ON WHETHER THEY'RE GOING TO COMPETE FOR A LEASE OR NOT.

                                 MR. GOODELL:  I THOUGHT YOUR COMMENT WAS VERY

                    HELPFUL THAT IT DOESN'T APPLY TO EXISTING LEASES.  AS YOU KNOW, THE

                    STATUTORY PROVISION THAT WE'RE AMENDING ALLOWS OGS TO RENEW LEASES.

                    WOULD IT APPLY TO A RENEWAL OF AN EXISTING LEASE, OR ONLY TO NEW

                    LEASES?

                                 MR. MCDONALD:  TO RENEWAL OF A LEASE, IT WOULD

                    APPLY TO.

                                 MR. GOODELL:  AND IF AN LLC IS UNABLE OR

                    UNWILLING TO DISCLOSE THIS INFORMATION -- I MEAN, KEEP IN MIND THE LLC

                    MANAGEMENT ITSELF MAY NOT HAVE RESIDENTIAL ADDRESSES, OR ITS MEMBERS

                    MAY NOT DISCLOSE IT, BUT IF IT'S UNABLE OR UNWILLING, WHAT IS THE REMEDY?

                                         25



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    IS OGS PROHIBITED FROM PROCEEDING WITH THE LEASE?

                                 MR. MCDONALD:  THEY WOULD NOT BE ABLE TO

                    EXECUTE THE LEASE.

                                 MR. GOODELL:  AND --

                                 MR. MCDONALD:  UNTIL THEY HAD -- UNTIL THEY MET

                    THE TERMS OF DISCLOSURE.

                                 MR. GOODELL:  SO, YOU MENTIONED THERE ARE A

                    NUMBER OF LEASES IN THE ALBANY AREA, IN PARTICULAR, THAT ARE HELD BY

                    LLCS.  HOW LONG DOES OGS HAVE TO FIND A NEW LOCATION IF -- IF THE

                    LLC WON'T DISCLOSE?

                                 MR. MCDONALD:  WELL, IT -- I DON'T KNOW IF OGS

                    WOULD HAVE TO FIND A NEW LOCATION.  THEY -- THEY COULD PROBABLY --

                    THEY COULD DO THAT.  THEY COULD WORK WITH THE LLC TO BRING THEM INTO

                    COMPLIANCE.  THERE'S A LOT OF DIFFERENT THINGS THAT THEY COULD DO.  AND,

                    AS YOU KNOW, OVER THE PAST SEVERAL YEARS BECAUSE OF THE STATE'S

                    BUDGETARY WOES, WE'VE BEEN DOWNSIZING AND ACTUALLY USING OUR OWN

                    PUBLIC SPACE, AS WELL, WHICH IS IN THE BEST INTEREST OF THE TAXPAYERS.

                                 MR. GOODELL:  IS THERE ANY CIVIL PENALTY IF AN LLC

                    DOESN'T DISCLOSE OR MAKES AN INCOMPLETE DISCLOSURE?

                                 MR. MCDONALD:  NO CIVIL PENALTY, BUT OBVIOUSLY

                    THEY WOULDN'T HAVE THE -- THE LUXURY OF EXECUTING THE LEASE, AND

                    HOPEFULLY, REAPING ANY KIND OF FINANCIAL PROBLEM FROM THE LEASE AS

                    WELL.

                                 MR. GOODELL:  NOW, I HAVE A COPY OF THE BILL IN

                    FRONT OF ME.  I -- I DID NOT SEE THE PROVISION THAT BARS OGS FROM

                                         26



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    CONTRACTING WITH A NONCOMPLIANT LLC.  IF YOU WOULDN'T MIND INDULGING

                    ME, WHERE IS THAT LANGUAGE?

                                 MR. MCDONALD:  LET ME CHECK.  THE LEGISLATION

                    DIRECTS THEM NOT TO EXECUTE THE LEASE.  SO UNTIL THAT INFORMATION IS

                    PROVIDED, THEY CANNOT EXECUTE THE LEASE.

                                 MR. GOODELL:  I STILL DON'T SEE THAT LANGUAGE, BUT

                    PERHAPS WE CAN DISCUSS IT LATER.

                                 MR. MCDONALD:  ABSOLUTELY.

                                 MR. GOODELL:  AGAIN, THANK YOU VERY MUCH FOR

                    YOUR CANDOR AND YOUR HELPFULNESS.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I APPRECIATE THE SPONSOR'S DESIRE TO

                    SHED MORE LIGHT, IF YOU WILL, ON WHO THE STATE IS LEASING WITH,

                    PARTICULARLY AS IT APPLIES TO LLC.  AND I ALSO AGREE WITH THE SPONSOR

                    THAT WHEN WE'RE DOING NEW LEGISLATION, IT MAKES A LOT OF SENSE TO START

                    SMALL AND THEN SEE IF WE NEED TO EXPAND IT.  AND SO, IF THIS DOESN'T

                    BECOME LAW, I WOULD RECOMMEND TO THE SPONSOR AND TO THIS LEGISLATIVE

                    BODY, THAT WE CONSIDER BY REQUIRING DISCLOSURE OF THOSE WHO ACTUALLY

                    CONTROL THE LLC; THE MANAGING MEMBERS, THE MANAGERS, THERE'S A

                    GROUP OF MEMBERS THAT MANAGE IT, AND START WITH THAT RATHER THAN

                    REQUIRING ALL DISCLOSURE OF ALL MEMBERS REGARDLESS OF HOW SMALL THEIR

                    OWNERSHIP INTEREST IS.

                                 IN ADDITION, I WOULD RECOMMEND THAT WE STOP THIS

                                         27



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    PYRAMIDING WHICH SAYS IF THE ORIGINAL LLC HAS AN LLC, THEN THE

                    MEMBER LLC HAS TO DISCLOSE ITS MEMBERSHIP.  AND IF THE SECONDARY

                    LLC HAS AN LLC IN ITS MEMBERSHIP, THAT PROCESS CONTINUES FOREVER.

                    AND IF WE'RE SAYING YOU CANNOT DO BUSINESS WITH THE STATE OF NEW

                    YORK UNLESS YOU DISCLOSE IT ALL THE WAY BACK FOREVER, INCLUDING LLCS

                    THAT AREN'T EVEN MEMBERS OF YOUR LLC, WHAT WE'RE REALLY DOING IS

                    SAYING YOU CAN'T LEASE PROPERTY IN THE STATE OF NEW YORK NO MATTER

                    HOW VALUABLE IT IS, NO MATTER HOW GREAT THE PRICE IS OR THE TERMS ARE, NO

                    MATTER HOW LONG YOU'VE BEEN THERE, YOU CAN'T RENEW THE LEASE BECAUSE

                    WE CAN'T TRACK IT BACK MULTIPLE LEVELS TO SOME NATURAL PERSON.

                                 AND BY THE WAY, IT MAY BE IMPOSSIBLE TO TRACK IT BACK

                    TO A NATURAL PERSON BECAUSE YOU MIGHT HAVE AN LLC THAT'S A MEMBER OF

                    MY LLC AND MY LLC IS A MEMBER OF YOUR LLC AND THIS STATUTE

                    CREATES A NEVER-ENDING CYCLE.  IT NEVER ENDS.

                                 AS I ALSO MENTIONED, WE WANT TO MAKE SURE THAT OUR

                    DISCLOSURE DOESN'T CREATE UNINTENDED SIDE EFFECTS, LIKE DISCLOSING THE

                    RESIDENTIAL ADDRESS OF VICTIMS OF DOMESTIC ABUSE OR OTHERS WHO HAVE A

                    VERY LEGITIMATE CONCERN ABOUT KEEPING THEIR RESIDENTIAL ADDRESS

                    CONFIDENTIAL.  SO WHILE I APPRECIATE THE OBJECTIVES, CERTAINLY APPRECIATE

                    THE COMMENTS FROM MY COLLEAGUE, I RECOMMEND WE FINE-TUNE THIS

                    LEGISLATION BEFORE MOVING FORWARD.  THANK YOU SO MUCH, MR. SPEAKER.

                    AND, AGAIN, THANK YOU, MR. MCDONALD.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, MR. THIELE

                    IS EN ROUTE TO THE COMMITTEE ROOM FOR LOCAL GOVERNMENTS, IF YOU CAN

                                         28



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    CALL MEMBERS TO JOIN HIM, PLEASE, IN THE SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  PLEASE JOIN MR.

                    THIELE IN THE SPEAKER'S CONFERENCE ROOM FOR A LOCAL GOVERNMENTS

                    COMMITTEE MEMBER -- MEETING.

                                 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. COOK.

                                 MRS. COOK:  MR. SPEAKER, THERE WILL BE A TOURIST

                    [SIC] COMMITTEE MEETING IN THE SPEAKER'S CONFERENCE ROOM, MR.

                    MCDONALD IS READY.

                                 ACTING SPEAKER AUBRY:  TOURISM, SPEAKER'S

                    CONFERENCE ROOM IMMEDIATELY.  THANK YOU.

                                 PAGE 10, CALENDAR NO. 80, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A04061, CALENDAR NO.

                    80, ENGLEBRIGHT, PEOPLES-STOKES, GLICK, GALEF, ABINANTI, SEAWRIGHT.

                    AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO DEFINING THE

                    TERMS "RETIREE" AND "BENEFICIARY" WITHIN THE FREEDOM OF INFORMATION

                    LAW.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                         29



                    NYS ASSEMBLY                                                MARCH 12, 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.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  IT IS MY GREAT PLEASURE TO INTERRUPT OUR PROCEEDINGS FOR A

                    GREAT WORD OF INTRODUCTION ON BEHALF OF A FORMER MEMBER OF OURS,

                    JANET DUPREY.  YOU MAY RECALL, JANET DUPREY SERVED ADMIRABLY AND

                    WITH DISTINCTION IN THIS CHAMBER FROM 2006 TO 2016.  SHE REPRESENTED

                    CLINTON COUNTY, FRANKLIN COUNTY AND PART OF ST. LAWRENCE COUNTY.

                    SHE WAS ORIGINALLY FROM PLATTSBURGH, AND THAT DISTRICT IS CURRENTLY

                    REPRESENTED BY BILLY JONES.  SO, ON BEHALF OF ASSEMBLYMEMBER JONES,

                    MYSELF AND ALL OF US WHO ARE SO HAPPY TO SEE MS. DUPREY BACK HERE

                    VISITING WITH US, PLEASE EXTEND OUR CORDIALITIES.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. GOODELL, MR. JONES, THE SPEAKER AND ALL THE MEMBERS, WELCOME

                    HOME, MY DEAR.  IT'S CERTAINLY A PLEASURE TO SEE YOU.  YOU LIGHTEN UP

                    THIS CHAMBER EVERY TIME YOU VISIT US.  YOU WILL ALWAYS, AS A FORMER

                    MEMBER, HAVE THE PRIVILEGES OF THE FLOOR, AND AS I'VE ALWAYS SAID, YOU

                    CAN DO WHATEVER YOU WANT.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                         30



                    NYS ASSEMBLY                                                MARCH 12, 2019

                                 PAGE 10, CALENDAR NO. 90, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05636, CALENDAR NO.

                    90, GALEF, PAULIN, LUPARDO, JAFFEE, OTIS, ABINANTI.  AN ACT TO AMEND

                    THE PUBLIC OFFICERS LAW, IN RELATION TO THE ABILITY OF GOVERNMENT

                    AGENCIES IN NEW YORK TO CLAIM COPYRIGHT PROTECTION.

                                 ACTING SPEAKER AUBRY:  MRS. GALEF, A [SIC]

                    EXPLANATION IS REQUESTED.

                                 MRS. GALEF:  IT'S A PLEASURE.  AS WE ARE INVOLVED IN

                    SUNSHINE WEEK, THE BILL THAT HAS BEEN INTRODUCED -- ACTUALLY, IT'S BEEN

                    REINTRODUCED, REPRESENTS THE FACT THAT GOVERNMENT IS THE PUBLIC

                    BUSINESS, AND THE PUBLIC SHOULD HAVE ACCESS TO ALL THE RECORDS OF

                    GOVERNMENT.  AND THIS BILL, THE PURPOSE OF THE LEGISLATION IS TO

                    ELIMINATE THE ABILITY FOR NEW YORK STATE'S GOVERNMENT AGENCIES TO

                    CLAIM COPYRIGHT PROTECTION.

                                 ACTING SPEAKER AUBRY:  SIR.

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

                    YIELD?

                                 MRS. GALEF:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MRS. GALEF YIELDS.

                                 MR. RA:  THANK YOU VERY MUCH.  I KNOW WE HAVE

                    DISCUSSED THIS BILL MANY TIMES.

                                 MRS. GALEF:  MANY TIMES.

                                 MR. RA:  PERHAPS THIS MIGHT BE THE LAST ONE, PERHAPS

                    IT MIGHT NOT BE.  BUT I JUST WANT TO GO A LITTLE MORE IN DEPTH INTO, YOU

                    KNOW, WHAT THIS BILL WOULD ACCOMPLISH.  AS -- AS I'M SURE YOU'RE

                                         31



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    AWARE, DATING BACK ON THIS ISSUE TO THE EARLY 2000'S, THERE WAS A

                    DISPUTE THAT WENT INTO THE CIRCUIT COURTS AND WAS DECIDED BASICALLY

                    THAT HAD TO LOOK AT WHAT CONFLICT THERE MIGHT BE BETWEEN FOIL AND THE

                    OBJECTIVES OF OUR STATE FOIL LAW AND FEDERAL COPYRIGHT LAW.  AND --

                    AND THE COURT AT THAT TIME DETERMINED THAT, BASICALLY, THAT THE COUNTY

                    OF SUFFOLK, WHICH WAS THE SUBJECT OF THAT PARTICULAR CASE, COULD MEET

                    THEIR OBLIGATIONS UNDER OUR STATE FOIL LAW WHILE STILL CLAIMING

                    COPYRIGHT PROTECTION.

                                 SO, IN A NUTSHELL, THIS WOULD ESSENTIALLY OVERTURN THAT

                    PRECEDENT AND SAY -- NOT REALLY, WELL, I GUESS NOT OVERTURN THAT

                    PRECEDENT BECAUSE IT'S A FEDERAL PRECEDENT, BUT -- BUT BASICALLY, MAKE

                    EXPLICIT IN NEW YORK STATE LAW --

                                 ACTING SPEAKER AUBRY:  ONE MINUTE.

                    MEMBERS, HOLD IT.

                                 PLEASE, WOULD YOU CLEAR OUT FROM BEHIND THE

                    ROSTRUM?  YOU CREATE NOISE, WE CAN'T HEAR THE PEOPLE DEBATING.

                                 I'M SORRY, PROCEED.

                                 MR. RA:  THANK YOU, MR. SPEAKER.

                                 WOULD -- WOULD MAKE EXPLICIT IN NEW YORK STATE LAW

                    THAT WE WOULD WAIVE OUR COPYRIGHT IN -- IN MATERIALS WE PRODUCE; IS

                    THAT CORRECT?

                                 MRS. GALEF:  YES.  AND -- AND ALL THIS CAME ABOUT

                    -- THIS IS A BILL THAT WAS RECOMMENDED BY ROBERT FREEMAN WHO IS THE

                    HEAD OF NEW YORK STATE OPEN GOVERNMENT COMMITTEE.  AND MR.

                    FREEMAN, OVER MANY YEARS AND BACK -- WELL, HE'S BEEN HERE FOR A VERY

                                         32



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    LONG TIME, BUT BACK IN THE EARLY 2000'S HAD A LOT OF CASES THAT CAME TO

                    HIM, OR OPINIONS ASKED OF HIM FROM DIFFERENT GOVERNMENTS ABOUT

                    WHERE TO GO.  AND THAT WAS ONE CASE.  BUT THERE WERE MANY OTHERS

                    WHERE IN A -- IN A VILLAGE IN NEW YORK, THE VILLAGE WANTED TO COPYRIGHT

                    THEIR WEBSITE.  IN A SCHOOL DISTRICT, THEY WANTED TO COPYRIGHT THEIR VIDEO

                    OF THEIR BOARD MEETING.  THERE WERE OTHER PLACES WHERE -- ACTUALLY, OUR

                    DEPARTMENT OF TRANSPORTATION WAS LOOKING TOWARD COPYRIGHTING THE

                    INFORMATION ABOUT ROADS WAY BACK THEN.  AND SUFFOLK COUNTY WITH THE

                    TAX MAPS.  AND NASSAU COUNTY WITH THE GEOGRAPHIC INFORMATION

                    SERVICES.  SO, THIS HAS BEEN GOING ON FOR A LONG TIME.

                                 SO, THIS BILL WOULD JUST CLARIFY THAT THE WORK THAT THE

                    GOVERNMENT DOES IS PUBLIC WORK, AND THE PUBLIC TAXPAYERS PAY FOR, SO

                    IT SHOULD BE AVAILABLE TO ALL TAXPAYERS, WHETHER IT'S AN INDIVIDUAL LIKE

                    US OR IT'S A BUSINESS THAT PAYS TAXES, WE ALL SHOULD BE ABLE TO GET THAT

                    INFORMATION WITHOUT SOMEBODY SAYING, NO, YOU CANNOT HAVE IT.

                                 NOW, THERE ARE AREAS WHERE IT CAN BE COPYRIGHTED IF

                    IT'S IN RESEARCH OR CREATIVE ACTIVITY, LIKE THE MTA -- I'VE SAID THIS

                    BEFORE, THEY HAVE A SHOWER CURTAIN -- OR USED TO HAVE A SHOWER CURTAIN

                    WITH ALL THE SUBWAY SYSTEMS AND SO ON, AND THAT, YOU KNOW, IS CREATIVE,

                    AND THAT COULD BE SAVED.  OUR SUNY UNIVERSITY, IF THEY ARE DOING

                    SOME KIND OF RESEARCH ANALYSIS, SOME DRUGS OR WHATEVER, THAT CAN BE

                    COPYRIGHTED.  BUT THE MAJORITY OF THINGS THAT WE -- WE DO, WE ALL DO, IT

                    SHOULD BE OPEN TO THE PUBLIC FOR REVIEW.

                                 MR. RA:  OKAY.  AND -- AND THANK YOU FOR -- FOR THAT.

                    I -- I HAVE HAD THE PRIVILEGE AND PLEASURE ON A NUMBER OF OCCASIONS OF

                                         33



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    TALKING TO MR. FREEMAN IN PARTICULAR ABOUT THIS ISSUE, YOU KNOW,

                    SEEKING TO, YOU KNOW, SEE WHAT MY OBJECTIONS WERE, AND -- AND HOPE

                    TO CLEAR THEM UP.  BUT -- BUT I THINK, YOU KNOW, WHAT WE'RE DOING HERE

                    IS A STEP FURTHER, BECAUSE EVEN IN THAT PARTICULAR CASE, THAT CASE

                    CONCERNING THE MAPS IN SUFFOLK COUNTY, THE TAX MAPS, YOU KNOW, THEY

                    WERE DISCLOSING WHAT -- WHAT BECAME A DISPUTE WAS AN ENTITY THEN

                    WANTED TO USE THAT INFORMATION FOR COMMERCIAL PURPOSES AND THEY

                    ASSERTED THEIR COPYRIGHT.

                                 SO, I -- I HAVE NO DISAGREEMENT WITH THE IDEA THAT THE

                    INFORMATION WAS PAID FOR BY THE PUBLIC SHOULD BE -- ALLOWED TO BE

                    GIVEN TO THE PUBLIC IN FULFILLMENT OF FOIL REQUEST, AND I -- I DON'T THINK

                    THAT COPYRIGHT SHOULD BE USED AS A REASON TO NOT GIVE IT OUT, BUT I -- BUT

                    I THINK, REALLY, THE QUESTION HERE BECOMES, WHY HAVE THE STATE OR LOCAL

                    GOVERNMENT WAIVE THE COPYRIGHT AS OPPOSED TO, IN MANY INSTANCES, THE

                    FAIR USE DOCTRINE WITHIN THE COPYRIGHT LAW MIGHT BE SUFFICIENT FOR IT

                    TO BE USED FOR -- FOR MANY DIFFERENT PURPOSES, BUT THE STATE WOULD STILL

                    THEN HAVE THE ABILITY TO ENFORCE THEIR COPYRIGHT, SAY, IN A -- YOU KNOW,

                    WHEN A COMMERCIAL ENTITY WAS GOING TO USE THE INFORMATION.

                                 MRS. GALEF:  WELL, I GUESS WE HAVE A DIFFERENT

                    BELIEF.  I JUST FEEL THAT PUBLIC TAX DOLLARS HAVE BEEN USED FOR PUBLIC

                    DOCUMENTS, THE PUBLIC SHOULD BE ABLE TO GET THOSE DOCUMENTS.  AND IF

                    SOMEBODY WANTS TO USE THE DOCUMENTS, ENHANCE THEM TO MAKE BETTER

                    INFORMATION, SUCH AS, IF WE GO TO THE COMPTROLLER'S OFFICE AND HE HAS

                    THE UNCLAIMED FUNDS, NOW, THAT INFORMATION IS UP ON THE WEBSITE.

                    AND THEN YOU WILL FIND THAT THERE ARE BUSINESSES THAT PICK UP ON THAT

                                         34



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    INFORMATION.  THEY'LL CALL YOU AND SAY, YOU KNOW WHAT?  YOU HAVE A

                    LOT OF UNCLAIMED FUNDS HERE.  I WILL HELP YOU ACCESS IT.  AND WITH THAT,

                    THEY'RE PROBABLY GOING TO CHARGE YOU.  NOW, I WOULD HOPE THE PUBLIC

                    WOULD UNDERSTAND THAT THEY CAN GET THIS WITHOUT HAVING ANY CHARGE TO

                    IT.

                                 SO, BUT -- BUT THERE ARE BUSINESSES THAT DEVELOP, WITH

                    TAX MAPS, THERE ARE LOTS OF BUSINESSES THAT DEVELOP THAT INFORMATION

                    AND IT'S UP ON A WEBSITE I KNOW.  YOU KNOW, WE'RE IN A DIFFERENT AGE,

                    ACTUALLY.  I MEAN, A LOT OF THESE -- THE LAWSUITS AND SO ON, WHEN WE FIRST

                    STARTED WITH THE INTERNET AND COMPUTERS AND WHATEVER ELSE, WE'RE

                    BEYOND THAT.  ANYTHING THAT'S OUT THERE IS REALLY VERY, VERY PUBLIC.  AND

                    -- AND THERE ARE BUSINESSES, IF YOU -- IF YOU THINK ABOUT THE

                    TRANSPORTATION DEPARTMENT, THEIR NETWORK OF ROADS AND MAPS THAT THEY

                    HAVE, WELL -- AND I'VE SAID THIS BEFORE, I DRIVE UP AND I LOVE MY GPS

                    AND WHETHER THE COMPANY THAT PUT ALL THAT TOGETHER TOOK OUR NEW YORK

                    STATE INFORMATION ABOUT OUR ROADS AND BRIDGES, THAT'S OKAY, THAT IS

                    HELPING ME AS A DRIVER -- I'M CERTAINLY NOT GOING TO SIT IN MY CAR WITH A

                    BIG MAP FROM THE DEPARTMENT OF TRANSPORTATION ANYMORE AND I'M

                    GOING TO BE ABLE TO ACCESS IT IN A DIFFERENT WAY.

                                 SO, I REALLY THINK THERE'S GREAT PUBLIC VALUE TO HAVING

                    THIS INFORMATION OUT TO THE PUBLIC, AND WE SHOULDN'T RETAIN IT AND SAY,

                    NO, YOU CAN'T HAVE THAT INFORMATION.

                                 MR. RA:  AND -- AND I THINK THERE IS A VALUE, BUT

                    REALLY, THE QUESTION HAS ALWAYS BOILED DOWN TO ME, BASICALLY, WHY

                    SHOULD A PRIVATE COMPANY BE ALLOWED TO -- TO MAKE MONEY AND USE

                                         35



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    COMMERCIALLY MATERIAL THAT WAS PRODUCED, YOU KNOW, BY OUR

                    GOVERNMENT, PAID FOR BY OUR TAXPAYERS.  ESSENTIALLY, YOU KNOW, YOU

                    USED THE EXAMPLE OF UNCLAIMED FUNDS, THERE'S CERTAINLY OTHER

                    INSTANCES OUT THERE, I KNOW LIKE WE HAVE AN ISSUE THAT ALWAYS COMES UP

                    WHERE SENIORS WILL GET TARGETED, YOU KNOW, THEY'LL GET A -- A LETTER IN THE

                    MAIL:  URGENT, YOU KNOW, YOU NEED TO GET A COPY OF YOUR DEED TO YOUR

                    HOUSE, VERY IMPORTANT, AND THEY'LL CHARGE THEM MAYBE $50 FOR

                    SOMETHING THEY MIGHT BE ABLE TO JUST GO TO THE CLERK'S OFFICE AND GET

                    FOR -- FOR $5.  I KNOW THAT'S NOT DIRECTLY, YOU KNOW, IMPLICATED BY THIS

                    BILL, BUT -- BUT I THINK THAT'S THE CONCERN WE HAVE THAT SOMETHING THAT

                    THE TAXPAYERS PAID FOR, IT CAN BE PROVIDED IN MANY DIFFERENT WAYS, BUT

                    WHY SHOULD THE STATE OR LOCAL GOVERNMENT NOT BE ABLE TO ASSERT

                    COPYRIGHT PROTECTION AND MAYBE LICENSE THAT INFORMATION TO AN ENTITY

                    THAT'S SEEKING TO USE IT COMMERCIALLY.

                                 MRS. GALEF:  WELL, BECAUSE WE'RE NOT IN THE --

                    WE'RE NOT IN THAT BUSINESS, WE'RE IN -- THE -- THE REASON THAT MANY

                    REPORTS ARE DONE, OR STUDIES -- STUDIES OR MAPS OR TAX PACKAGES ARE

                    DONE, IS BECAUSE THEY'VE BEEN REQUIRED BY LAW.  WE SIT HERE ALMOST

                    EVERY DAY AND PASS SOME KIND OF REGULATION THAT SAYS A DEPARTMENT OF

                    OUR STATE GOVERNMENT OR OUR LOCAL GOVERNMENTS HAVE TO DO SOMETHING.

                    SO, WE ARE REQUIRING THE GOVERNMENT TO DO SOMETHING, USE THEIR TAX

                    DOLLARS TO DO IT.  SO, YOU KNOW, THAT'S KIND OF OUR BUSINESS.  AND WE

                    COULD GO BACK A BIT, BECAUSE THE COPYRIGHT ACT, 17 OF USC SECTION

                    105 STATED THAT COPYRIGHT PROTECTION IS NOT AVAILABLE FOR ANY WORK OF

                    THE UNITED STATES GOVERNMENT.  SO, THE UNITED STATES GOVERNMENT HAS

                                         36



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    ALREADY SAID YOU CAN'T COPYRIGHT THEIR WORK.  AND IT'S IMPORTANT THAT WE

                    DO THE SAME THING HERE FOR THE STATE OF NEW YORK AND FOR OUR

                    LOCALITIES.  SO, WE'RE JUST REALLY FOLLOWING THROUGH ON SOMETHING THAT

                    HAS BEEN DONE ON A FEDERAL LEVEL.

                                 MR. RA:  WELL, I -- I DO THINK, YOU KNOW, THAT IS

                    ACCURATE THAT THE FEDERAL GOVERNMENT MADE, YOU KNOW, A

                    DETERMINATION THAT THEY WOULDN'T HOLD ON TO COPYRIGHT OUR WORK, BUT

                    WE ALSO, YOU KNOW, AT THE TIME OF FOIL LAW, WE HAD SOME DIFFERENT

                    LAWS IN EFFECT, YOU KNOW, VARYING IN DIFFERENT AREAS THAT DID EXPLICITLY

                    STATE THAT THE -- THAT THE STATE WAS GOING TO, YOU KNOW, RETAIN CONTROL

                    OVER CERTAIN INFORMATION.  WE DIDN'T CHANGE THOSE AT -- AT THE TIME THAT

                    WE PUT FORTH OUR -- OUR FOIL LAW, SO, I THINK, YOU KNOW, THERE WAS

                    KIND OF A CONSCIOUS DECISION AT THAT POINT THAT -- THAT CERTAIN

                    INFORMATION THE STATE AND LOCAL GOVERNMENTS MIGHT WANT TO RETAIN

                    CONTROL OF.

                                 MRS. GALEF:  COULD I -- COULD I JUST ASK YOU A

                    QUESTION?  DO YOU THINK THAT OUR TRAFFIC MAPS AND SO ON SHOULD NOT BE

                    GIVEN OUT TO ANYBODY TO BE ABLE TO USE AND ENHANCE?

                                 MR. RA:  I -- WELL, I THINK, AGAIN, THIS -- THIS

                    DISCUSSION IS NOT ABOUT WHETHER THE INFORMATION SHOULD BE DISCLOSABLE,

                    I THINK IT SHOULD BE DISCLOSABLE.  I THINK THAT, YOU KNOW, THE ENTITY

                    SHOULD NOT NOT GIVE IT OUT BECAUSE IT'S COPYRIGHTED, THE QUESTION IS

                    WHETHER -- ONCE YOU WAIVE COPYRIGHT, YOU HAVE NO CONTROL OF IT.

                    PEOPLE CAN USE IT FOR WHATEVER REASON.  THEY COULD SELL IT, THEY COULD

                    USE IT COMMERCIALLY.  THEY COULD ESSENTIALLY PIGGYBACK ON INFORMATION

                                         37



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    THAT THE TAXPAYERS HAVE PAID FOR TO BE UTILIZED FOR THEIR BUSINESS

                    PURPOSES.  WHAT RETAINING COPYRIGHT PROTECTION DOES IS ALLOWS A

                    REMEDY FOR -- FOR THAT -- THAT GOVERNMENTAL ENTITY WHO IS DISCLOSING THE

                    INFORMATION TO THEN SAY, YOU KNOW WHAT, IT'S BEING USED BY SOME, YOU

                    KNOW, LARGE COMMERCIAL ENTITY, WE THINK THEY SHOULD HAVE TO PAY FOR

                    THAT USE.

                                 MRS. GALEF:  WELL, I GUESS I -- I DISAGREE WITH YOU.

                    JUST AS AN EXAMPLE, LAST YEAR WE PASSED A BILL OF MINE THAT WAS TO HAVE

                    A TASK FORCE DEVELOPED TO DETERMINE CHILD ABUSE IN NEW YORK STATE.

                    OKAY, WHEN THE TASK FORCE COMES OUT AND MAKES A RECOMMENDATION,

                    WE'RE NOT GOING TO COPYRIGHT IT, I HOPE, I WOULDN'T WANT GOVERNMENT

                    EVER TO DO THAT, BUT WE'RE GOING TO KNOW WHERE THERE'S SOME PROBLEMS.

                    AND IT BE MIGHT BE AN OUTSIDE AGENCY.  IT MIGHT BE NOT A BUSINESS AS

                    YOU SAY "BUSINESS", IT MIGHT BE A NOT-FOR-PROFIT THAT USES THAT

                    INFORMATION ABOUT CHILD ABUSE AND WHERE THEY'RE GOING TO SET UP NEW

                    SITES, YOU KNOW, WHAT -- WHAT KIND OF PROGRAMS ARE THEY GOING TO HAVE

                    IN CERTAIN COMMUNITIES.  AND THAT'S SO IMPORTANT.  I -- OTHERWISE, I

                    THINK WE'D BE PRECLUDING PEOPLE FROM DOING THIS.  YOU KNOW, I GUESS

                    I'M FOR BUSINESS, BECAUSE I THINK THIS IS GOOD FOR BUSINESS.  IT'S GOOD FOR

                    PEOPLE AND IT'S GOOD FOR THE BUSINESSES TO BE ABLE TO DEVELOP A BUSINESS

                    OUT OF THIS AND EXPAND UPON THE INFORMATION THAT WE HAVE THAT WE

                    PROBABLY AREN'T EXPANDING UPON.

                                 MR. RA:  WELL, I -- I DO THINK IN MANY OF THE

                    INSTANCES YOU JUST -- YOU JUST MENTIONED, THE FAIR USE DOCTRINE MIGHT

                    -- MIGHT ALLOW IT TO BE USED ANYWAY, YOU KNOW, IN THOSE RESEARCH

                                         38



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    SITUATIONS --

                                 MRS. GALEF:  BUT YOU SAY "MIGHT".

                                 MR. RA:  I THINK --

                                 MRS. GALEF:  WE'RE SAYING IT SHOULD BE ABLE TO BE

                    USED.

                                 MR. RA:  THANK YOU VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  MR. RA, ON THE BILL.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  AS -- AS I STATED,

                    REALLY, WHAT THIS COMES DOWN TO, I HAVE NO OBJECTIONS TO THE DISCLOSURE

                    OF THE INFORMATION, I THINK THE INFORMATION SHOULD BE DISCLOSED, THE

                    PUBLIC HAS PAID FOR THE INFORMATION AND THE PUBLIC SHOULD BE ABLE TO

                    GET THEIR HANDS ON THE INFORMATION, AS SHOULD OTHER ENTITIES.  BUT WHAT

                    THIS DISCUSSION AND MY OBJECTIONS HAVE ALWAYS BEEN WITH REGARD TO THIS

                    BILL IS WHAT HAPPENS WITH THE INFORMATION AFTER THE FACT.  SHOULD THE

                    TAXPAYERS PAY FOR THOSE MAPS TO BE PUT TOGETHER, AND IN THE CASE -- AND

                    IN MANY -- OF SUFFOLK AND IN MANY OTHER CASES, THESE ARE ACTUALLY

                    THINGS THAT THEY ARE REQUIRED BY LAW TO PRODUCE, AND THEN THEY PAY TO

                    PRODUCE THEM, WHETHER IT'S, YOU KNOW, IN-HOUSE OR WHETHER THEY HAVE

                    TO, YOU KNOW, EMPLOY SOME, YOU KNOW, CONSULTANT OR SOME EXPERTS

                    THAT WILL PRODUCE IT.  AND NOW SOME COMMERCIAL ENTITY UNDER THIS,

                    BECAUSE THE COPYRIGHT WILL BE WAIVED, THEY'LL HAVE TO DISCLOSE IT TO THAT

                    COMMERCIAL ENTITY.  THAT COMMERCIAL ENTITY CAN THEN USE IT

                    COMMERCIALLY, AND PERHAPS SELL THE INFORMATION TO THE VERY TAXPAYER

                    THAT PAID FOR IT TO BE PRODUCED.  THAT IS WHERE MY OBJECTION LIES WITH

                                         39



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    REGARD TO THIS.

                                 I HAVE LOOKED AT, YOU KNOW, AS A RESULT OF THE -- THE

                    CASE REGARDING THIS NEW YORK SITUATION, WAS ONE OF THE FIRST ONES

                    REGARDING THIS, BUT THERE HAVE BEEN OTHER SITUATIONS IN OTHER STATES AND,

                    YOU KNOW, DIFFERENT STATES HAVE COME ON -- COME OUT ON DIFFERENT SIDES

                    OF THE FENCE WITH REGARD TO WHETHER THEY WANT TO BE ABLE TO RETAIN

                    COPYRIGHT IN -- IN MATERIALS THEY PRODUCE.  FLORIDA, FOR INSTANCE, MAYBE

                    APPROPRIATELY THEY'RE THE SUNSHINE STATE, DID HAVE A, YOU KNOW,

                    CONSTITUTIONAL AMENDMENT, AND THEY -- AND THEY DECIDED THEY WANTED

                    INFORMATION, THEY DID NOT WANT TO BE ABLE TO ASSERT COPYRIGHT.

                                 BUT, AGAIN, I THINK, ALL RETAINING THE COPYRIGHT DOES IS

                    GIVE SOME CONTROL BACK TO THAT GOVERNMENTAL ENTITY.  THEY COULD --

                    THEY COULD CHOOSE NEVERTHELESS TO DISCLOSE THE INFORMATION.  THE

                    COMMERCIAL ENTITY COULD GO TO THE LOCAL GOVERNMENT OR STATE

                    GOVERNMENT AND SEEK TO LICENSE THE INFORMATION, PERHAPS EVEN FOR A

                    VERY NOMINAL COST.  SO, I -- I THINK THAT WHAT WE SHOULD BE DISCUSSING,

                    REALLY, IS GUARANTEEING THAT THE INFORMATION DOES GET DISCLOSED, THAT

                    THEY USE DON'T USE COPYRIGHT AS A REASON TO NOT FILL THE FOIL REQUEST,

                    RATHER THAN COMPLETELY WAIVING THE COPYRIGHT.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                                         40



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    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, ON BEHALF

                    OF OUR COLLEAGUE, MR. ZEBROWSKI, AND MS. JAFFEE, WE'D LIKE TO HAVE YOU

                    WELCOME A GROUP OF STUDENTS FROM ASHAR, A SCHOOL IN ROCKLAND

                    COUNTY.  THEY ARE HERE WATCHING OUR PROCEEDINGS TODAY AND LEARNING

                    ABOUT GOVERNMENT AND WHAT THEIR ROLES CAN BE IN THE FUTURE.  SO, MR.

                    SPEAKER, IF YOU WOULD WELCOME THESE WONDERFUL STUDENTS FROM

                    ROCKLAND COUNTY.

                                 ACTING SPEAKER PICHARDO:  CERTAINLY.  ON

                    BEHALF OF MR. ZEBROWSKI, MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS,

                    WE WELCOME THESE BRIGHT STUDENTS HERE TO THE NEW YORK STATE

                    ASSEMBLY, WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  I HOPE THAT

                    YOU WERE ABLE TO GAUGE IN HOW YOUR GOVERNMENT WORKS AND HOW IT

                    FUNCTIONS.  BUT WHAT WE ASK YOU TO DO IS TO STAY ENGAGED AND STAY

                    INVOLVED.  YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR AND WE HOPE TO

                    SEE YOU AGAIN VERY SOON.  THANK YOU SO MUCH FOR JOINING US.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

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

                    ADVANCE THE A-CALENDAR AND TAKE IT ON CONSENT, IT'S ON PAGE 3 AND IT'S

                                         41



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    RULES REPORT NO. 38.

                                 ACTING SPEAKER PICHARDO:  ON MRS.

                    PEOPLES-STOKES' MOTION, WE ADVANCE THE A-CALENDAR.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A04668, RULES REPORT

                    NO. 38, ZEBROWSKI, LUPARDO, JAFFEE, THIELE, SIMOTAS, BENEDETTO,

                    PAULIN, QUART, DINOWITZ, STIRPE, L. ROSENTHAL, STECK, FAHY, CAHILL,

                    GALEF, GOTTFRIED, M.G. MILLER, SOLAGES, CYMBROWITZ, WEPRIN, LIFTON,

                    ABINANTI, SANTABARBARA, PEOPLES-STOKES, RAIA.  AN ACT TO AMEND THE

                    ELECTION LAW, IN RELATION TO DISCLOSURE OF THE IDENTITIES OF POLITICAL

                    COMMITTEES MAKING CERTAIN EXPENDITURES FOR POLITICAL COMMUNICATIONS.

                                 ACTING SPEAKER PICHARDO:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  THIS BILL, QUITE SIMPLY, BRINGS US INTO LINE WITH WHAT

                    THE FEDERAL GOVERNMENT DOES AND WHAT I THINK A LOT OF OUR CONSTITUENTS

                    ASSUME WE DO, WHICH IS REQUIRE A PAID FOR DISCLAIMER ON ALL POLITICAL

                    COMMUNICATIONS.  YOU CAN CERTAINLY SAY WHATEVER YOU WANT IN A

                    POLITICAL CAMPAIGN, BUT YOU SHOULD BE WILLING TO STAND BEHIND THOSE

                    STATEMENTS.  IN AN ERA WHERE WE SEE FAR TOO MUCH ANONYMOUS NEGATIVE

                                         42



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    CAMPAIGNING, USUALLY IN OCTOBER, LATE OCTOBER, MAIL WILL ALL FILL UP

                    PEOPLE'S MAILBOX AROUND TO OUR DISTRICTS AND, UNFORTUNATELY, THOSE

                    NEGATIVE MAILERS, PEOPLE ARE AFRAID TO STAND BEHIND THEIR STATEMENTS.

                                 THIS WOULD, QUITE SIMPLY, REQUIRE EVERY POLITICAL

                    COMMITTEE TO PUT A, "PAID FOR BY BLANK", "SO-AND-SO FOR ASSEMBLY",

                    "SO-AND-SO FOR SENATE", AND GIVE OUR RESIDENTS THE TOOLS TO EVALUATE

                    THOSE ACCUSATIONS, THOSE STATEMENTS, THOSE ARGUMENTS, SO THAT THEY ARE

                    BETTER INFORMED WHEN THEY ENTER THE VOTING BOOTH.

                                 THANK YOU, MR. SPEAKER.  AND I WOULD ENCOURAGE ALL

                    MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE, AND I'LL BE VOTING IN THE

                    AFFIRMATIVE, AS WELL.

                                 ACTING SPEAKER PICHARDO:  MR. ZEBROWSKI IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

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

                    CALL ON MR. OTIS FOR AN ANNOUNCEMENT, PLEASE.

                                 ACTING SPEAKER PICHARDO:  MR. OTIS FOR AN

                    ANNOUNCEMENT.  WE ARE ALL RIVETED.

                                 MR. OTIS:  GOOD AFTERNOON.  FOLLOWING THE

                    COMPLETION OF SESSION, THERE WILL BE AN IMMEDIATE DEMOCRATIC

                    CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM.  YOU'RE ALL WELCOME.

                                 ACTING SPEAKER PICHARDO:  MAJORITY

                                         43



                    NYS ASSEMBLY                                                MARCH 12, 2019

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM AT THE CONCLUSION OF SESSION.

                                 MRS. PEOPLES-STOKES.

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

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER PICHARDO:  WE HAVE NO

                    HOUSEKEEPING, BUT WE HAVE SOME FINE RESOLUTIONS HERE ON THE DESK.

                    WE WILL VOTE FOR THEM IN ONE SINGLE COUNT.  ALL THOSE IN FAVOR, SIGNIFY

                    BY SAYING AYE; THOSE OPPOSED, NAY.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 165-167

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  I NOW MOVE THAT THE

                    ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY, MARCH THE

                    13TH, TOMORROW BEING A SESSION DAY.

                                 ACTING SPEAKER PICHARDO:  THE ASSEMBLY

                    STANDS ADJOURNED.

                                 (WHEREUPON, AT 3:42 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL WEDNESDAY, MARCH 13TH AT 10:00 A.M., WEDNESDAY

                    BEING A SESSION DAY.)













                                         44