WEDNESDAY, MARCH 20, 2019 11:03 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
WHEREUPON, ACTING SPEAKER AUBRY INVITED VISITORS
AND MEMBERS TO JOIN IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, MARCH 19TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
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NYS ASSEMBLY MARCH 20, 2019
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL FOR TUESDAY,
MARCH THE 19TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I'D LIKE TO PROVIDE OUR QUOTE FOR THE DAY FOR COLLEAGUES,
GUESTS AND STAFF THAT ARE IN THE CHAMBERS. IT IS FROM A YOUNG LADY WHO
IS A STORYTELLER. SHE LIVES IN WASHINGTON, D.C. SHE ALSO WRITES POETRY
AND SHE DOES A LOT OF HER WORK ON SELF-HELP. SO, HER QUOTE TODAY HER -
HER NAME IS ALEXANDRA ALI - "WHEN WE LEARN HOW TO WORK TOGETHER
VERSUS AGAINST EACH OTHER, THINGS JUST MIGHT START GETTING BETTER."
AGAIN, MR. SPEAKER, THAT'S A YOUNG POETRESS FROM WASHINGTON, D.C.
WHO IS SHARING HER POWERFUL WORDS WITH US TODAY.
THE MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR.
AFTER THERE ARE ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL TAKE UP
THE RESOLUTIONS ON PAGE 3, BEGINNING WITH ASSEMBLYMEMBER BARRETT,
COMMEMORATING WOMEN'S HISTORY MONTH. THERE ARE AN ADDITIONAL
FOUR WOMEN FROM OUR CHAMBERS WHO WILL BE SPEAKING ON THIS
RESOLUTION AS WELL, MR. SPEAKER. OUR PRINCIPAL WORK FOR THE DAY WILL
BE TAKING UP CALENDAR NO. 64 BY ASSEMBLYMEMBER JOYNER. WE WILL
ALSO CONTINUE OUR CONSENT ON THE MAIN CALENDAR BEGINNING WITH NO.
137 ON PAGE 14. FOR OUR MAJORITY MEMBERS, THERE WILL BE A NEED FOR A
DEMOCRATIC CONFERENCE AT THE CONCLUSION OF SESSION AND, AS ALWAYS,
WE WILL CONFER WITH OUR COLLEAGUES TO SEE IF THEY HAVE A SIMILAR NEED.
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NYS ASSEMBLY MARCH 20, 2019
WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, IF THERE
ARE INTRODUCTIONS AND HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE
TIME. THANK YOU.
ACTING SPEAKER AUBRY: FOR THE PURPOSES OF
AN INTRODUCTION, MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. I RISE -- I
RISE TODAY TO WELCOME REVEREND TIMOTHY J. MERCALDO, WHO IS THE
LEAD PASTOR OF GATEWAY CHURCH IN MY DISTRICT ON THE SOUTHERN-MOST
POINT OF NEW YORK STATE. I -- HIS GATEWAY CHURCH WAS ESTABLISHED IN
1965 BY HIS FATHER, WHO WAS THE LEAD PASTOR AND STILL REMAINS ON THE
STAFF. THEY DO SOME WONDERFUL THINGS FOR OUR COMMUNITY. THEY HAVE
A GREAT CAMPUS THAT HOSTS MANY EVENTS FOR OUR LOCAL ORGANIZATIONS. SO,
I WOULD LIKE TO JUST ACKNOWLEDGE THE GREAT WORK THAT HE DOES AND
PLEASE EXTEND ALL THE CORDIALITIES OF THE HOUSE TO HIM, PLEASE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. REILLY, 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. THANK YOU SO MUCH FOR JOINING US HERE TODAY AND HOPE THAT
YOU ENJOY OUR PROCEEDINGS. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. DIPIETRO FOR A [SIC] INTRODUCTION.
MR. DIPIETRO: THANK YOU, MR. SPEAKER, FOR
ALLOWING THIS INTRODUCTION. THANKS, WAYNE. FIRST OFF, I'D LIKE TO
INTRODUCE PASTOR AL ROBINSON FROM THE SPIRIT OF TRUTH URBAN MINISTRY,
PASTOR JACQUELYN ZAMBITO AND DR. DONNA POTTER. THEY'RE ALL HERE
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NYS ASSEMBLY MARCH 20, 2019
ADVOCATING FOR THE FOR NEW YORK GREATER ERIE COUNTY - WHICH IS ALL OF
WESTERN NEW YORK - DRUG REHABILITATION CENTER. THEY HAVE A
FAITH-BASED CENTER BATTLING THE OPIOID AND DRUG ADDICTION. THEY'VE
SHOWN GREAT RESULTS IN BATTLING THIS. THEIR ADVOCACY SPEAKS SO LOUDLY
IN WESTERN NEW YORK. WE'RE VERY PROUD OF WHAT THEY DO AND GOING
INTO COMMUNITIES AND TACKLING THIS HORRENDOUS ADDICTION AND I'D LOVE
IF YOU COULD GIVE THEM ALL THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
DISTINGUISHED INDIVIDUALS HERE TO THE NEW YORK STATE ASSEMBLY. WE
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. OUR GRATITUDE AND THANKS FOR
THE WORK THAT YOU'RE DOING TO HELP INDIVIDUALS WHO ARE SUFFERING FROM
ADDICTION ISSUES. IT IS A CRITICAL ISSUE IN TODAY'S TIMES, AS IT HAS BEEN IN
THE PAST. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. WEPRIN FOR AN INTRODUCTION.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I WANT TO
WELCOME THE AMERICAN PAKISTANI ADVOCACY GROUP, MOST OF WHO --
MANY OF WHOM HAIL FROM MY ASSEMBLY DISTRICT WHO ARE HERE TODAY TO
SUPPORT A RESOLUTION I'M SPONSORING TO DECLARE MARCH 23RD PAKISTAN
DAY IN THE STATE OF NEW YORK. SPECIFICALLY, I'D LIKE TO ACKNOWLEDGE
APAG PRESIDENT ALI RASHID; VICE PRESIDENT NAVEED CHAUDHRY;
GENERAL SECRETARY ADEEL GONDAL; TREASURER AMIN GHANI; AND
DIRECTORS FAISAL RASHID, FAISAL KHAN AND TAHIR MIAN.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
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NYS ASSEMBLY MARCH 20, 2019
OF MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DISTINGUISHED GROUP OF PAKISTANIS HERE -- AMERICAN PAKISTANIS HERE TO
THE UNITED STATES -- TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOUR VISIT HERE HAS BEEN
HELPFUL AND, OF COURSE, WE APPRECIATE THE SUPPORT FOR THE RESOLUTION,
WHICH WE WILL TAKE UP LATER. THANK YOU SO VERY MUCH. YOU ARE
ALWAYS WELCOME HERE.
(APPLAUSE)
THE CLERK WILL READ, RESOLUTIONS, PAGE 3.
THE CLERK: ASSEMBLY RESOLUTION NO. 200, MRS.
BARRETT. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MARCH 2019 AS WOMEN'S HISTORY MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
MRS. BARRETT.
MRS. BARRETT: THANK YOU, MR. SPEAKER. I THINK
AT SOME POINT I HOPE THAT WE WILL GET MORE THAN A MONTH HERE, BUT FOR
NOW WE ARE HAPPY TO CELEBRATE MARCH AS WOMEN'S HISTORY MONTH AND
I APPRECIATE THE OPPORTUNITY TO SPEAK ON THIS RESOLUTION. AS EVERYONE
KNOWS, NEW YORK HAS A DEEP AND RICH HISTORY IN -- IN WOMEN
LEADERSHIP AND WOMEN'S HISTORY, INCLUDING THE OPENING OF THE FIRST
PUBLIC HIGH SCHOOL FOR GIRLS IN 1826, AND IN 1848, THE SENECA FALLS
CONFERENCE CONVENTION WHICH SECURED, FOR ALL WOMEN, THE RIGHT TO
VOTE, AND THEN IN 1970, NEW YORK CITY WAS THE SITE OF THE FIRST
WOMEN'S STRIKE FOR EQUALITY.
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NYS ASSEMBLY MARCH 20, 2019
SO AS WE CELEBRATE THIS YEAR, THE 100TH ANNIVERSARY OF
THE FIRST WOMEN WHO WERE SEATED IN THE NEW YORK STATE LEGISLATURE,
MARY LILLY AND IDA SAMMIS, WE ALSO HAVE A -- A REALLY HISTORIC MOMENT
IN TIME FOR US RIGHT NOW. IN OUR OWN LEGISLATURE, WE HAVE THE LARGEST
NUMBER OF WOMEN EVER IN THE LEGISLATURE. THAT IS AN INCREDIBLY RICH
AND DIVERSE GROUP OF WOMEN FROM EVERY CORNER OF THE STATE OF NEW
YORK. OUR AGE SPAN IS FROM -- IS SOMETHING LIKE 50 YEARS BETWEEN
BEING IN THEIR 20'S TO BEING IN THEIR 80'S, AND IT'S A RANGE OF ETHNIC
GROUPS, IT'S A RANGE OF A LOT OF EXPERIENCES THAT WOMEN BRING TO THE
LEGISLATURE. WE HAVE FOR THE FIRST TIME TWO WOMEN AS OUR MAJORITY
LEADERS, OUR VERY OWN CRYSTAL PEOPLES-STOKES AND IN THE SENATE, WE
HAVE ANDREA STEWART-COUSINS. WE HAVE 50 PERCENT OF THE WOMEN --
50 PERCENT OF THE STATEWIDE ELECTED OFFICES FOR THE FIRST TIME ARE
WOMEN; THIS IS OUR SENATORS, OUR LIEUTENANT GOVERNOR AND OUR
ATTORNEY GENERAL.
SO, THIS IS REALLY A MOMENT IN TIME THAT WE WANT TO
CONTINUE, AND WILL IN THE LEGISLATIVE WOMEN'S CAUCUS, WILL CONTINUE
TO SPEAK OUT AND LEAD ON CHILD CARE, ON OUT-OF-SCHOOL, ON EQUALITY IN
THE WORKPLACE, ON SOCIAL JUSTICE AND ENVIRONMENTAL JUSTICE AND
CRIMINAL JUSTICE AND ALL OF THE THINGS AFFECTING ALL THE WOMEN OF NEW
YORK STATE. AND WE WILL CONTINUE TO INSPIRE THE NEXT GENERATION,
BECAUSE WE WANT WOMEN AND GIRLS GROWING UP TODAY TO UNDERSTAND
THAT THIS IS WHAT ELECTED OFFICIALS LOOK LIKE. SO, THANK YOU VERY MUCH,
MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
6
NYS ASSEMBLY MARCH 20, 2019
MS. DE LA ROSA.
MS. DE LA ROSA: THANK YOU. I WANT TO THANK MY
COLLEAGUE FOR PRESENTING THIS RESOLUTION. AS WE MEMORIALIZE WOMEN'S
HISTORY MONTH, LET US ALSO REMEMBER AND CELEBRATE THE WOMEN WHO
BLAZED THE TRAIL FOR US TO ENJOY THE RIGHTS AND PRIVILEGES THAT WE DO
TODAY. I CELEBRATE IMMIGRANT WOMEN, LIKE MY MOTHER, WHO CAME TO
THIS COUNTRY WITH NOTHING BUT A DREAM FOR A BETTER LIFE FOR US, HER
CHILDREN. WE CELEBRATE WOMEN OF COLOR, WHO HAVE HISTORICALLY HAD TO
WORK THREE TIMES AS HARD TO HOLD THE DOOR OPEN FOR US TO BE SUCCESSFUL.
WE CELEBRATE A HISTORIC MOMENT WHERE NOW, WE HAVE 70 WOMEN IN
THIS LEGISLATURE, AND THE HISTORIC EXTENSION OF WOMEN LIKE OUR MAJORITY
LEADER, CRYSTAL PEOPLES-STOKES, WHO FOR THE FIRST TIME, AN
AFRICAN-AMERICAN WOMAN TO HOLD THIS POSITION. WE CELEBRATE OUR
SISTERHOOD IN THIS CHAMBER AND WE CELEBRATE THE WOMEN OF NEW YORK
STATE AS WE CONTINUE TO SUCCEED AND REPRESENT OUR COMMUNITIES IN THIS
GREAT BODY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. DICKENS.
MS. DICKENS: THANK YOU, MR. SPEAKER, AND I, TOO,
THANK MY COLLEAGUE, ASSEMBLYMEMBER DIDI BARRETT, FOR BRINGING FORTH
THIS RESOLUTION. THIS MID-POINT OF THE 2019 WOMEN'S HISTORY MONTH
CALLS US TO LOOK BACK AND HONOR OUR PROUD LEGACY AS THE BIRTHPLACE OF
THE WOMEN'S RIGHTS MOVEMENT. I QUOTE FROM A DAILY NEWS OP-ED OF
LIEUTENANT GOVERNOR KATHY HOCHUL: I TOOK HER OPENING AS THE
SHOULDERS WE STAND ON, THOSE WHO BROKE GLASS CEILINGS AT DIFFICULT
7
NYS ASSEMBLY MARCH 20, 2019
TIMES, NOT EASY DUE TO SEXISM AND RACISM.
THIS BRINGS ME TO THE FIRST, NOT SECOND, NOT 31ST, BUT
THE VERY FIRST AFRICAN-AMERICAN WOMAN, WOMAN OF COLOR, BLACK
WOMAN, ELECTED TO THIS AUGUST ASSEMBLY BODY, WHO WALKED THESE HALLS
REPRESENTING HARLEM, WHAT IS NOW PARTIALLY ASSEMBLYMEMBERS AL
TAYLOR AND CARMEN DE LA ROSA'S DISTRICTS, THE HONORABLE
ASSEMBLYWOMAN BESSIE ALLISON BUCHANAN, A POLITICAL FRONTIER WOMAN
WHO OPENED THE DOORS 66 YEARS LATER FOR OUR MAJORITY LEADER,
ASSEMBLYMEMBER CRYSTAL PEOPLES-STOKES WHO, IN 2019, BECAME THE
FIRST WOMAN AND THE FIRST BLACK WOMAN TO SERVE IN THAT CAPACITY.
AS I LOOK AROUND THIS BODY TODAY AND SEE 70 WOMEN
SERVING IN THESE HALLS, THE PEOPLE'S HOUSE, OF WHICH 22 ARE BLACK,
HISPANIC AND ASIAN, I CANNOT HELP BUT REFLECT UPON THE EXTREME
HARDSHIPS ASSEMBLYMEMBER BUCHANAN FACED, THE FEAR, THE LONELINESS,
THE BACKS TURNED; YET SHE, AS WE STILL DO TODAY IN MANY SECTORS FACE THE
SAME HARDSHIPS, YET WE CONTINUE TO FIGHT, RAISING OUR HEADS HIGH AS
POET LAUREATE MAYA ANGELOU WROTE: BE A PHENOMENAL WOMAN AND
STILL I RISE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 201, MR.
WEPRIN. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MARCH 23, 2019 AS PAKISTAN DAY IN THE STATE OF
NEW YORK.
8
NYS ASSEMBLY MARCH 20, 2019
ACTING SPEAKER AUBRY: MR. WEPRIN ON THE
RESOLUTION.
MR. WEPRIN: THANK YOU, MR. SPEAKER. PAKISTAN
DAY IS A NATIONAL HOLIDAY IN PAKISTAN, COMMEMORATING THE FOUNDING
OF PAKISTAN ON MARCH 23RD, 1956, MAKING IT THE WORLD'S FIRST ISLAMIC
REPUBLIC. EACH YEAR ON THIS DAY, THE CITIZENS OF PAKISTAN CELEBRATE
WITH PARADES, AWARDS AND MEMORIALS TO MUHAMMAD IQBAL, REGARDED AS
HAVING INSPIRED THE PAKISTAN MOVEMENT, AND MUHAMMAD ALI JINNAH,
THE FOUNDER OF PAKISTAN. NEW YORK CITY ALONE IS THE HOME TO 194,000
AMERICAN-PAKISTANIS, MANY OF WHOM WHO LIVE IN MY ASSEMBLY
DISTRICT. THIS RESOLUTION PROVIDES THE MEANS BY WHICH ALL NEW
YORKERS CAN LEARN MORE ABOUT PAKISTANI HERITAGE AND FOSTER
APPRECIATION FOR DIFFERENT CULTURES.
IT IS IMPORTANT THAT WE ARE ABLE TO COME TOGETHER IN
THIS DIVIDED TIME AND OVERCOME THE BARRIERS TO RECOGNIZE EACH OTHER AS
FELLOW NEW YORKERS AND FELLOW AMERICANS. IT IS MY HOPE THAT THIS
LEGISLATIVE BODY, IN KEEPING WITH THE TIME-HONORED TRADITIONS, WILL
TAKE THE OPPORTUNITY TO RECOGNIZE THE CONTRIBUTIONS MADE BY THE
PAKISTANI-AMERICAN COMMUNITY, AND EXTEND BEST WISHES TO ALL OF ITS
MEMBERS AND SUPPORT THIS RESOLUTION RECOGNIZING MARCH 23RD AS
PAKISTAN DAY IN THE STATE OF NEW YORK. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER. I, TOO,
JUST WANT TO HONOR THE PAKISTANI-AMERICANS IN THE STATE OF NEW YORK.
9
NYS ASSEMBLY MARCH 20, 2019
I, TOO, HAVE A LARGE CONSTITUENCY BASE OF PAKISTAN-AMERICAN [SIC]. THIS
YEAR, WE MADE HISTORY IN NEW YORK CITY WHERE WE NAMED A CONEY
ISLAND AVENUE AFTER THE LEADER OF PAKISTAN, MUHAMMAD ALI JINNAH,
AND I'M JUST REALLY EXTREMELY EXCITED TO HAVE THIS RESOLUTION TODAY.
AND SO, I JUST WANT TO THANK MY COLLEAGUE FOR COMMEMORATING
PAKISTANI DAY IN NEW YORK STATE. THANK YOU.
ACTING SPEAKER AUBRY: MR. SAYEGH.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
I WANTED TO ALSO COMMEND FELLOW COLLEAGUE ASSEMBLYMAN WEPRIN ON
HONORING PAKISTAN DAY. I ALSO HAVE THE PLEASURE OF HAVING A VERY LARGE
PAKISTANI-AMERICAN COMMUNITY IN THE CITY OF YONKERS IN WESTCHESTER
COUNTY, AND TO ATTEST TO THEIR LOYALTY IN AMERICAN VALUES AND TRADITIONS
AND THEIR FOCUS ON EDUCATION, THEIR FOCUS ON BUSINESS DEVELOPMENT AND
BECOMING THE VERY BEST CITIZENS THAT THEY CAN. SO, I COMMEND MY
COLLEAGUE FOR HONORING PAKISTANI-AMERICANS AND WISH THEM VERY WELL
ON THIS WORTHY DAY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. RAMOS.
MR. RAMOS: MR. SPEAKER, I, TOO, WOULD LIKE TO
COMMEND THE SPONSOR FOR BRINGING THIS RESOLUTION TO THE FLOOR. THE
PAKISTANI COMMUNITY HAS BEEN THE FASTEST GROWING AND THE LARGEST
SEGMENT OF THE MUSLIM COMMUNITY ON -- ON LONG ISLAND. IN THE PAST
15 YEARS, THEY WENT FROM A VERY SMALL COMMUNITY TO A VERY LARGE ONE
TODAY THAT IS IN ALL PARTS OF SOCIETY. THEY'RE WORKING IN GOVERNMENT;
I'VE HAD SEVERAL WORK IN MY OFFICE. THEY'RE REALLY MAKING THEIR MARK,
10
NYS ASSEMBLY MARCH 20, 2019
AS OTHER GROUPS HAVE DONE, THAT HAVE IMMIGRATED TO THE UNITED STATES.
IT IS BEFITTING THAT WE HONOR THEIR -- THEIR HOLIDAY TODAY, THEIR
INDEPENDENCE. WE EMBRACE THEM AS WONDERFUL NEIGHBORS IN OUR
COMMUNITY AND TO OUR PAKISTANI GUESTS, I SAY PAKISTAN ZINDABAD.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW GO TO, ON THE MAIN CALENDAR, PAGE 8, CALENDAR NO. 64 BY MS.
JOYNER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03276, CALENDAR NO.
64, JOYNER, GOTTFRIED, JEAN-PIERRE, L. ROSENTHAL, THIELE, OTIS, BRONSON,
HUNTER, ABINANTI, HEVESI, FAHY, ENGLEBRIGHT, SIMON, BICHOTTE,
SEAWRIGHT, BARRON, TAYLOR, ARROYO, GALEF, PEOPLES-STOKES, RA,
FERNANDEZ, RIVERA, WRIGHT, DICKENS, D'URSO, JAFFEE, LAVINE, SOLAGES,
BARRETT, EPSTEIN, DAVILA, LIFTON, NIOU, ROZIC, MONTESANO, COOK,
GLICK, MOSLEY, ORTIZ, STERN, LENTOL, COLTON, BYRNE, VANEL, CRUZ,
WEPRIN, WOERNER, WALKER, STIRPE, LUPARDO, QUART. AN ACT TO AMEND
THE PUBLIC HEALTH LAW, IN RELATION TO MATERNAL MORALITY REVIEW BOARDS
AND THE MATERNAL MORTALITY AND MORBIDITY ADVISORY COUNCIL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
11
NYS ASSEMBLY MARCH 20, 2019
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: FIRST VOTE OF THE DAY.
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,
MEMBERS. IF YOU ARE IN YOUR SEATS, PLEASE VOTE NOW. IF YOU ARE IN THE
SOUND OF OUR VOICE, PLEASE COME TO THE CHAMBER AND CAST YOUR VOTE.
MS. JOYNER TO EXPLAIN HER VOTE.
MS. JOYNER: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. TODAY WE ARE PASSING LEGISLATION THAT
WILL ADDRESS THE DEVASTATING REALITY THAT OUR MATERNAL MORTALITY RATE
RANKS 30TH IN THE NATION. BLACK WOMEN ARE FOUR TIMES AS LIKELY TO DIE
DURING CHILDBIRTH COMPARED TO WHITE WOMEN. WE ARE SEEING THIS ISSUE
IMPACT WOMEN OF COLOR ACROSS ALL SOCIOECONOMIC BACKGROUNDS. THESE
STARTLING STATISTICS REQUIRE OUR IMMEDIATE ATTENTION, AND TODAY IS A
CRITICAL STEP IN THE RIGHT DIRECTION TO ENSURE THAT WOMEN THROUGHOUT OUR
STATE WILL HAVE CONFIDENCE IN OUR HEALTH CARE SYSTEM.
THIS LEGISLATION WILL CREATE A STATEWIDE REVIEW BOARD
IN STATUTE THAT WILL INCLUDE A DIVERSE GROUP OF EXPERTS THAT ARE REFLECTIVE
OF THE COMMUNITY. THIS REVIEW BOARD WILL WORK IN COLLABORATION WITH
A COMMUNITY ADVISORY COUNCIL TO REDUCE THE RISK OF MATERNAL MORTALITY.
I WOULD LIKE TO THANK ALL OF THE ADVOCATES. A SPECIAL THANKS TO THE
HEALTH COMMITTEE CHAIR, DICK GOTTFRIED, AND HIS HALF, MY ALBANY STAFF
AND ALL OF MY ASSEMBLY COLLEAGUES. THIS IS AN ISSUE OF GREAT
IMPORTANCE TO WOMEN OF COLOR, AND I WANT TO THANK EVERYBODY FOR THEIR
12
NYS ASSEMBLY MARCH 20, 2019
SUPPORT. THANK YOU. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. JOYNER IN THE
AFFIRMATIVE.
MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO AFFIRM MY VOTE, AND I CERTAINLY WANT TO THANK THE
SPONSOR OF THIS BILL, LATOYA JOYNER. THIS BILL FINALLY ADDRESSES THE
PERVASIVE RACIAL DISPARITY OF MATERNAL MORBIDITY. THE ESTABLISHMENT OF
THE MATERNAL MORTALITY REVIEW BOARD IS CRUCIAL TO PROVIDING THE
CULTURALLY COMPETENT CARE THAT OUR STATE NEEDS IN ORDER TO MINIMIZE THE
MATERNAL DEATH RATE BY ASSESSING THE CAUSE OF DEATH, FACTORS LEADING TO
DEATH AND DEVELOPING STRATEGIES FOR REDUCING THE RISK OF MATERNAL
MORTALITY.
I AM PLEASED TO TAKE THIS BILL AS AN INITIATIVE BECAUSE IT
WOULD REMOVE NEW YORK FROM RANKING THE 30TH IN THE STATE IN THE
COUNTRY OF MATERNAL DEATH RATES. AS A REPRESENTATIVE OF THE 42ND
ASSEMBLY DISTRICT, I HAVE THE LARGEST CARIBBEAN IMMIGRANTS, WHICH
MANY OF WHOM SPEAK DIFFERENT LANGUAGES, LIKE HAITIAN CREOLE, AND I
UNDERSTAND THE CRITICAL NEED OF OUR CULTURAL COMPETENT CARE FOR MANY OF
OUR CONSTITUENTS. NOW, AS -- AS YOU HEARD BEFORE, EACH YEAR 700
WOMEN DIE OF PREGNANCY-RELATED CAUSES IN THE U.S., AND A
DISPROPORTIONATE NUMBER OF THEM ARE BLACK WOMEN, ACCORDING TO THE
CENTER FOR DISEASE CONTROL.
I CANNOT EXPRESS HOW IMPORTANT THIS IS TO ME BECAUSE
ON OCTOBER 4TH IN 2016 WHEN I WAS PREGNANT, I WAS RUSHED TO NEW
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NYS ASSEMBLY MARCH 20, 2019
YORK PRESBYTERIAN COLUMBIA HOSPITAL AFTER REALIZING I WAS DILATING.
AND EVEN WITH THE EMOTIONAL AND EXCRUCIATING PAIN, COLUMBIA
HOSPITAL TURNED ME AWAY. BECAUSE OF HOSPITAL POLICIES, THEY SAID THAT
THEY HAD NO BEDS. AND SO, I INTERPRETED IT AS YOU'RE SENDING ME HOME
TO DIE WITH MY BABY. THEY SENT ME AWAY. AND NEVER ONCE DID I TELL
THEM THAT I WAS AN ELECTED OFFICIAL. THEY TREATED ME HORRIBLE.
SO, MR. SPEAKER, I WANT TO SAY THAT I VOTE IN SUPPORT
OF THIS BILL ON BEHALF OF MOTHERS ACROSS THE STATE AND ACROSS THE
COUNTRY. I VOTE IN SUPPORTING ESTABLISHING CULTURAL COMPETENT HEALTH
CARE AND I VOTE FOR THIS BILL TO PREVENT ANY FURTHER DISCRIMINATION LIKE
HOW I WAS DISCRIMINATED AT COLUMBIA HOSPITAL. THANK YOU.
ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
PAGE 14, CALENDAR NO. 137, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04259, CALENDAR NO.
137, DENDEKKER, SEAWRIGHT, D. ROSENTHAL, D'URSO. AN ACT TO AMEND
THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING THAT ADVERTISEMENTS
WHICH INCLUDE A DISCOUNT OR REBATE IN THE ADVERTISEMENT PRICE ALSO
INCLUDE THE ACTUAL SELLING PRICE PRIOR TO ANY DEDUCTIONS IN THE SAME
FONT AND SIZE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
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NYS ASSEMBLY MARCH 20, 2019
THE CLERK: ASSEMBLY NO. A04413, CALENDAR NO.
138, STERN, D'URSO, BUTTENSCHON. AN ACT TO AMEND THE EXECUTIVE LAW,
IN RELATION TO THE LISTING OF COUNTY AND CITY VETERANS' SERVICE AGENCIES.
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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04421, CALENDAR NO.
139, ZEBROWSKI, ENGLEBRIGHT, SIMON, DICKENS, DE LA ROSA, JAFFEE,
CRESPO, GUNTHER, MCDONOUGH. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO ENACTING "HARPER'S LAW" REQUIRING TIP RESTRAINT
DEVICES ON CERTAIN FURNITURE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04438, CALENDAR NO.
140, DENDEKKER, BRONSON, HAWLEY, BRABENEC, MCDONALD, D'URSO.
AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE
DISPLAY OF AMBER AND BLUE LIGHTS ON CERTAIN HAZARD VEHICLES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04879, CALENDAR NO.
141, RAMOS, WEPRIN, TAYLOR, L. ROSENTHAL, GOTTFRIED, THIELE, COLTON,
15
NYS ASSEMBLY MARCH 20, 2019
ABINANTI, ORTIZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN
RELATION TO TIME LIMITATIONS FOR FILING CLAIMS FOR CERTAIN INJURIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04959, CALENDAR NO.
142, CUSICK, MALLIOTAKIS, COLTON, FALL, D'URSO, GRIFFIN. AN ACT TO
AMEND CHAPTER 395 OF THE LAWS OF 1978, RELATING TO MORATORIUMS ON
THE ISSUANCE OF CERTIFICATES OF ENVIRONMENTAL SAFETY FOR THE SITING OF
FACILITIES AND CERTIFICATION OF ROUTES FOR THE TRANSPORTATION OF LIQUEFIED
NATURAL OR PETROLEUM GAS, IN RELATION TO EXTENDING THE EFFECTIVENESS OF
THE PROVISIONS OF SUCH CHAPTER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05219, CALENDAR NO.
143, GALEF, WALKER, TAYLOR, D'URSO, JACOBSON, ARROYO, BLAKE, EPSTEIN,
STIRPE. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO CERTIFICATES OF
ACCEPTANCE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05318, CALENDAR NO.
144, ROZIC, ABBATE, ABINANTI, BLAKE, BRONSON, COLTON, CRESPO, JONES,
OTIS, RAIA, RICHARDSON, RODRIGUEZ, SIMON, SEAWRIGHT, PHEFFER AMATO,
BICHOTTE, GRIFFIN, L. ROSENTHAL, FALL, PERRY, CRUZ. AN ACT TO AMEND THE
PUBLIC SERVICE LAW AND THE GENERAL BUSINESS LAW, IN RELATION TO
REQUIRING COMPANIES TO ALLOW VICTIMS OF DOMESTIC VIOLENCE TO CANCEL
CONTRACTS WHEN THERE IS A DOMESTIC VIOLENCE INCIDENT REPORT, A POLICE
REPORT, AN ORDER OF PROTECTION, OR A SIGNED AFFIDAVIT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
16
NYS ASSEMBLY MARCH 20, 2019
THE CLERK: ASSEMBLY NO. A05622, CALENDAR NO.
145, WEINSTEIN, TAYLOR, WEPRIN. AN ACT TO AMEND THE DEBTOR AND
CREDITOR LAW, THE CIVIL PRACTICE LAW AND RULES, THE ESTATES, POWERS
AND TRUSTS LAW AND THE WORKERS' COMPENSATION LAW, IN RELATION TO
ENACTING THE "UNIFORM VOIDABLE TRANSACTIONS ACT"; AND TO REPEAL
CERTAIN PROVISIONS OF THE DEBTOR AND CREDITOR LAW RELATING TO
FRAUDULENT CONVEYANCES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL -- THIS ACT SHALL TAKE
EFFECT ON THE 120TH 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.
THE CLERK: ASSEMBLY NO. A05355 [SIC]
(A05955), CALENDAR NO. 146, JAFFEE, D'URSO. AN ACT TO AMEND THE
VILLAGE LAW AND THE PUBLIC OFFICERS LAW, IN RELATION TO PERMITTING
BUILDING INSPECTORS, FIRE INSPECTORS AND CODE ENFORCEMENT OFFICERS OF
THE VILLAGE OF AIRMONT TO LIVE WITHIN ROCKLAND COUNTY OR ADJOINING
COUNTIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
17
NYS ASSEMBLY MARCH 20, 2019
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, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO INTRODUCE
SOME VERY IMPORTANT GUESTS FROM ASSEMBLYMAN SCHMITT'S DISTRICT.
THESE ARE PEOPLE THAT HAVE KNOWN HIM HIS ENTIRE LIFE. JOHN SCHMITT,
HIS FATHER, IS HERE MAKING SURE THAT HIS SON IS DOING A PHENOMENAL JOB
ON BEHALF OF THE RESIDENTS. HIS FATHER, JOHN SCHMITT, RETIRED AFTER 35
YEARS IN THE -- THE FIRE DEPARTMENT OF NEW YORK. ALSO JOINING US IS
DENISE HARFORD, WHO IS A GOOD FRIEND. AND IF YOU WOULD EXTEND THE
CORDIALITIES OF OUR HOUSE TO MR. SCHMITT'S FATHER AND HIS GOOD FRIEND.
THANK YOU SO MUCH, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF YOUR SON, 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. THANK YOU FOR THE PAST SERVICE THAT YOU HAVE PROVIDED US IN
NEW YORK CITY, KEEPING OUR COMMUNITY SAFE. THANK YOU FOR SENDING
YOUR SON HERE TO THIS AUGUST BODY, AS WE CALL IT. THIS IS THE PEOPLE'S
HOUSE. YOU ARE FAMILY. YOU ARE ALWAYS WELCOME. THANK YOU SO
VERY MUCH FOR BEING WITH US.
(APPLAUSE)
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NYS ASSEMBLY MARCH 20, 2019
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW GO TO THE MAIN CALENDAR, CALENDAR NO. 47 ON PAGE 6, MR.
BRAUNSTEIN, IN DEBATE.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00431, CALENDAR NO.
47, BRAUNSTEIN, ABINANTI, GUNTHER, MOSLEY, GOTTFRIED, WEPRIN,
MONTESANO, L. ROSENTHAL, COLTON, JAFFEE, CAHILL, O'DONNELL,
PEOPLES-STOKES, STECK, RAIA, PERRY, SIMOTAS, OTIS, RODRIGUEZ, BLAKE,
SIMON, BUTTENSCHON. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO THE SALE AND USE OF EMPLOYMENT INFORMATION.
ACTING SPEAKER AUBRY: MR. BRAUNSTEIN, AN
EXPLANATION IS REQUESTED. LADIES AND GENTLEMEN, WE ARE ON DEBATE.
PLEASE, LET'S HAVE A LITTLE QUIET IN THE CHAMBER. CONVERSATIONS SHOULD
BE TAKEN TO THE BACK OF THE CHAMBER OR OUTSIDE THE CHAMBER IF YOU
MUST HAVE THEM.
PROCEED, MR. BRAUNSTEIN.
MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER. THIS
BILL WOULD REQUIRE CONSUMER REPORTING AGENCIES TO OBTAIN A STANDALONE
DOCUMENT BEFORE THEY CAN SELL AN INDIVIDUAL'S EMPLOYMENT DATA TO A
DEBT COLLECTOR.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
MR. BRAUNSTEIN: YES.
ACTING SPEAKER AUBRY: MR. BRAUNSTEIN
19
NYS ASSEMBLY MARCH 20, 2019
YIELDS.
MR. RA: THANK YOU. SO I KNOW WE HAD THE
OPPORTUNITY TO DISCUSS THIS BILL LAST YEAR AND, YOU KNOW, WE ALL KNOW
THERE ARE A VARIETY OF INSTANCES IN WHICH SOMEBODY MIGHT HAVE TO HAVE
THEIR INFORMATION DISCLOSED AND THEY, YOU KNOW, IN CERTAIN INSTANCES
THEY MAY BE APPLYING FOR CREDIT AND AT WHICH POINT, YOU KNOW, YOU'RE
APPLYING FOR CREDIT, YOU'RE APPLYING FOR A MORTGAGE, CREDIT CARD,
USUALLY YOU SIGN SOME TYPE OF DOCUMENT TO ALLOW THE INFORMATION TO BE
DISCLOSED. SO, I DON'T THINK THIS IS AIMED AT THOSE TYPES OF INSTANCES,
THOUGH, THIS IS SITUATIONS WHERE I GUESS THERE ARE CERTAIN TYPES OF
CLEARINGHOUSES THAT DEBT COLLECTORS WOULD USE TO GET THAT INFORMATION;
IS THAT CORRECT?
MR. BRAUNSTEIN: SURE. YOU KNOW, WE'VE TALKED
ABOUT THIS BEFORE. THE CONSUMER REPORTING AGENCY EQUIFAX HAD THIS
PRODUCT CALLED "THE WORK NUMBER". ABOUT 30 PERCENT OF ALL
AMERICANS' EMPLOYMENT INFORMATION, THEIR SALARY, THEIR POSITION,
SOMETIMES THEIR HEALTH -- HEALTH INSURANCE INFORMATION IS INCLUDED IN
"THE WORK NUMBER". AND "THE WORK NUMBER" PROVIDES A SERVICE, FOR
EXAMPLE, LENDERS TO VERIFY SOMEONE'S EMPLOYMENT STATUS. AND IT
MAKES SENSE, IF YOU'RE APPLYING FOR A MORTGAGE AND YOU WANT TO -- AND
THE LENDER WANTS TO VERIFY YOUR EMPLOYMENT STATUS, YOU CERTAINLY
WOULD BE WILLING TO SIGN A STANDALONE DOCUMENT TO LET THEM VERIFY
YOUR EMPLOYMENT SITUATION. HOWEVER, WHAT'S BEEN GOING ON IS THAT THE
-- EQUIFAX, THROUGH "THE WORK NUMBER", HAS BEEN SELLING THIS
INFORMATION TO DEBT COLLECTORS AND THE DEBT COLLECTORS MONITOR PEOPLE'S
20
NYS ASSEMBLY MARCH 20, 2019
EMPLOYMENT SITUATION. AND WHEN PEOPLE GET A RAISE OR THEY GET A NEW
JOB, THEN THE DEBT COLLECTOR STARTS RAMPING UP THEIR -- THEIR COLLECTION
EFFORTS. SO, THIS BILL WOULD SAY THAT THE -- THE AVAILABILITY OF ACCESS TO
SOMEONE'S EMPLOYMENT DATA IS ONLY USEFUL FOR THAT ONE TRANSACTION.
MR. RA: OKAY. SO FIRST OFF, THIS -- THIS DEALS WITH
JUST THE TRANSFER OF THE INFORMATION. THIS DOESN'T RESTRICT THE ABILITY TO
ACTUALLY COLLECT THE INFORMATION; IS THAT CORRECT?
MR. BRAUNSTEIN: NO.
MR. RA: SO WOULD THE ENTITY -- I MEAN, THE -- THE
INITIAL HOLDER OF THE INFORMATION WOULD STILL HAVE IT. THEY -- THEY JUST
CAN'T TRANSFER IT TO SOMETHING LIKE THIS WORK NUMBER?
MR. BRAUNSTEIN: UNLESS -- UNLESS SOMEONE SIGNS
A DOCUMENT PERMITTING THEM TO TRANSFER THAT INFORMATION.
MR. RA: SO -- AND THAT DOCUMENT WOULD BE, YOU
KNOW, IN THE INDIVIDUAL INSTANCE SAYING, YOU KNOW, THERE'S A REQUEST
FOR THIS INFORMATION AND YOU'D HAVE TO, IT'S NOT LIKE A -- A GENERAL -- I
THINK YOU'RE SAYING, YOU KNOW, YOU'D INITIALLY SAY YOU APPLIED FOR
SOMETHING, YOU'D -- YOU'D SIGN SOME TYPE OF CONSENT TO RUN YOUR CREDIT.
THAT DEBT WILL ONLY BE EFFECTIVE FOR THAT INSTANCE, THEY COULDN'T
CONTINUE TO AGGREGATE.
MR. BRAUNSTEIN: SO -- SO IT'S -- IT MAKES SENSE IF
YOU'RE APPLYING FOR A MORTGAGE THAT YOU'RE GOING TO SIGN THE DOCUMENT
TO SAY, YES, YOU HAVE ACCESS TO CHECK THE WORK NUMBER TO VERIFY MY
EMPLOYMENT STATUS. SAME THING IF YOU'RE APPLYING FOR A NEW JOB AND
THE NEW EMPLOYER SAYS, WELL, YOU KNOW, YOUR RESUME SAYS YOU WORKED
21
NYS ASSEMBLY MARCH 20, 2019
AT, YOU KNOW, THIS FIRM. WILL YOU GIVE ME PERMISSION TO GO CHECK TO
VERIFY THAT THROUGH THE WORK NUMBER? YOU WOULD DEFINITELY SIGN THAT
DOCUMENT TO GIVE THEM PERMISSION TO DO THAT. WHAT YOU DON'T WANT TO
BE DOING IS GIVING THAT EMPLOYER OR THAT LENDER THE OPPORTUNITY TO
CONTINUALLY CHECK YOUR EMPLOYMENT STATUS AND THEN FOR YEARS IN
PERPETUITY, IN THE EVENT THAT YOU GET A NEW JOB WHERE THEY WANT TO START
INTENSIFYING THEIR COLLECTION EFFORTS.
MR. RA: NOW, WHO -- WHO IS THE ONUS ON TO VERIFY
THERE IS -- THERE IS SOMETHING THAT -- WRITTEN CONSENT HAS BEEN OBTAINED,
BECAUSE IT'S PRESUMABLY IT'S A DEBT COLLECTOR WHO IS TRYING TO GET THIS
INFORMATION FROM, SAY, AN EQUIFAX AND -- AND, AS WE KNOW, OFTENTIMES
DEBT MAY BE TRANSFERRED, CHANGE HANDS A NUMBER OF TIMES AND THEN IT
GETS IN THE HANDS OF, YOU KNOW, SAY A DEBT COLLECTOR OR SOME OTHER
AGENCY THAT'S GOING TO COLLECT ON IT. SO, IS IT -- IS IT THE ENTITY LIKE AN
EQUIFAX THAT -- THAT IS RESPONSIBLE FOR VERIFYING THAT THEY HAVE THE
CONSENT, OR WOULD IT BE THE DEBT COLLECTOR?
MR. BRAUNSTEIN: IT WOULD BE THE CONSUMER
REPORTING AGENCY.
MR. RA: OKAY. WOULD THIS ALLOW INFORMATION, SAY,
JUST, YOU KNOW, GENERAL INFORMATION ABOUT AN EMPLOYER THAT'S NOT, YOU
KNOW, IDENTIFIABLE TO ANY PARTICULAR EMPLOYEE TO BE TRANSFERRED?
MR. BRAUNSTEIN: IT'S EMPLOYMENT INFORMATION
ABOUT AN INDIVIDUAL.
MR. RA: SO WE DEAL WITH IDENTIFIABLE INFORMATION
THEN, OKAY. I THINK ONE OF THE CONCERNS THAT'S BEEN RAISED IS, YOU KNOW,
22
NYS ASSEMBLY MARCH 20, 2019
I THINK WE ALL, IN THIS DAY AND AGE, ARE VERY CONCERNED WITH, YOU KNOW,
OUR INFORMATION AND HOW MANY DIFFERENT PLACES IT'S OUT THERE, BUT -- BUT
OFTENTIMES, TOO, I THINK WE PAY MORE ATTENTION TO, YOU KNOW, OUR CREDIT
ON A DAY-TO-DAY BASIS, WHEREAS MAYBE YEARS AGO YOU'D ORDER A CREDIT
REPORT ONCE OR TWICE A YEAR AND YOU'D TAKE A LOOK AT IT, AND NOW WE
HAVE ALL THESE, YOU KNOW, APPS ON OUR PHONES AND CREDIT CARDS WITH
MONITORING SERVICE SO WE PAY A LITTLE MORE REGULAR ATTENTION TO IT. IF,
YOU KNOW, THEY DON'T HAVE ACCESS TO THIS TYPE OF INFORMATION, ONE OF
THE INSTANCES IN WHICH THEY'RE OBSERVINGLY GOING TO USE IT IS WHEN THEY
WANT TO COLLECT ON A DEBT AND THEY MAY HAVE A JUDGMENT AND MAY NEED
TO GO AFTER A PARTICULAR EMPLOYER SO THAT THEY CAN, YOU KNOW, GARNISH
WAGES OR SOMETHING OF THAT NATURE.
SO, PRESUMABLY, THEY'RE GOING TO TRY TO FIND SOME
ACCESS TO THE INFORMATION. THIS -- WE -- I THINK, GENERALLY IS FAIRLY
RELIABLE INFORMATION. DO YOU KNOW WHAT OTHER SOURCES THERE MIGHT BE
THAT THEY MIGHT GO AFTER THE INFORMATION? BECAUSE THERE HAS BEEN A
CONCERN RAISED THAT YOU MAY END UP ACTUALLY, YOU KNOW, IF SOMEBODY
HAS, SAY, A COMMON NAME, THEY MAY ACTUALLY END UP CAUSING SOME
TROUBLE FOR SOMEBODY WHO IS NOT THE DEBTOR THAT THEY'RE LOOKING FOR.
MR. BRAUNSTEIN: I'M NOT SURE I UNDERSTAND THE
QUESTION.
MR. RA: WELL, PRESUMABLY THE CREDITOR OR THE DEBT
COLLECTOR IS GOING TO BE LOOKING FOR, YOU KNOW, AN INDIVIDUAL, AND THIS
MAY BE, YOU KNOW, NOT JUST GENERAL INFORMATION, BUT THEY MAY HAVE A
JUDGMENT THAT THEY'RE LOOKING TO EXECUTE. SO, MAYBE THEY'RE LOOKING TO
23
NYS ASSEMBLY MARCH 20, 2019
GO TO THE EMPLOYER AND GARNISH THE INDIVIDUAL'S WAGES. THIS PROCESS
AS CURRENTLY IN LAW I THINK PROVIDES, YOU KNOW, RELIABLE INFORMATION FOR
THEM SO THAT THEY GO AFTER THE RIGHT PERSON. THERE'S BEEN A CONCERN
RAISED THAT WITHOUT SOME -- WITHOUT ACCESS TO THIS TYPE OF INFORMATION,
THEY MAY HAVE TO GO TO, YOU KNOW, OTHER SOURCES OF INFORMATION THAT
MAY NOT BE AS ACCURATE AND MIGHT NOT BE ABLE TO FIND THE CORRECT
PERSON. AND SAY IF YOU HAVE A VERY COMMON NAME, THAT THEY BE
CONTACTING AN EMPLOYER OF SOMEBODY'S WHO'S NOT THE PERSON THEY'RE
LOOKING FOR.
MR. BRAUNSTEIN: WHEN -- WHEN SOMEONE TAKES
OUT A LOAN, I THINK IT'S INCUMBENT UPON THE LENDER TO GET THEIR -- THEIR
PROPER CONTACT INFORMATION SO THEY COULD FOLLOW UP AND -- AND GET
REPAID. I THINK THAT'S THE POINT, THAT THE LENDER SHOULD BE GETTING
ACCURATE INFORMATION ABOUT THE BORROWER.
MR. RA: OKAY. AND JUST WITH REGARD TO HOW, YOU
KNOW, THE INTERPLAY BETWEEN THIS AND THE FAIR DEBT COLLECTION
PRACTICES ACT WHICH I KNOW, YOU KNOW, LIMITS THE PURPOSES FOR WHICH
THIS TYPE OF INFORMATION CAN BE -- CAN BE TRANSFERRED AND USED AND I
THINK HAS SOME REQUIREMENTS IN TERMS OF, YOU KNOW, NOTIFYING
SOMEBODY WHEN THEIR -- WHEN THEIR INFORMATION HAS BEEN REQUESTED. IS
THERE ANY CONCERN WITH CONFLICT BETWEEN THE FEDERAL LAW AND HOW THIS
WOULD OPERATE?
MR. BRAUNSTEIN: NO.
MR. RA: ONE LAST QUESTION I HAD. SO, YOU KNOW, IN
A SITUATION WHERE WE'RE TALKING ABOUT SAY, YOU KNOW, IT'S PERHAPS A
24
NYS ASSEMBLY MARCH 20, 2019
GOVERNMENTAL ENTITY LOOKING FOR AN INDIVIDUAL, YOU KNOW, MISSED
TAXES, CHILD SUPPORT PAYMENTS. WOULD -- WOULD THE GOVERNMENTAL
ENTITY THAT -- THAT NEEDS TO LOOK FOR THIS INDIVIDUAL BE ABLE TO ACCESS
THIS INFORMATION, OR WOULD THEY ALSO NEED THE SIGNED -- THE SIGNED
DISCLOSURE?
MR. BRAUNSTEIN: GOVERNMENTAL ENTITIES ARE
SEPARATE. THEY'RE NOT COVERED UNDER THIS.
MR. RA: OKAY. THANK YOU VERY MUCH.
MR. BRAUNSTEIN: THANKS, ED.
MR. RA: MR. SPEAKER, ON THE BILL.
THANK YOU. YOU KNOW, I THINK CERTAINLY, YOU KNOW,
IN THE YEAR 2019 WE'RE ALL -- WE'RE ALL CONCERNED WITH -- WITH OUR DATA
BEING OUT THERE AND, YOU KNOW, WE'VE -- WE'VE PROBABLY ALL AT SOME
POINT EITHER HEARD ABOUT, YOU KNOW, A STORE OR A BANK CREDIT CARD THAT
WE HAVE THAT HAD A DATA BREACH AND, YOU KNOW, HAD TO DEAL WITH CREDIT
MONITORING AND TRYING TO HOPEFULLY MAKE SURE THAT OUR DATA HASN'T
FALLEN INTO THE WRONG HANDS.
SO -- SO I THINK THE INTENT IS CERTAINLY GOOD FOR THERE TO
BE -- FOR THERE TO BE, YOU KNOW, DISCLOSURE AND INFORMED CONSENT FROM
A PERSON THAT THEIR INFORMATION IS BEING SHARED, BUT I DO THINK THERE ARE,
YOU KNOW, LEGITIMATE USES OF A LOT OF THIS INFORMATION THAT DEBT
COLLECTORS, UNFORTUNATELY, HAVE TO RELY ON TO COLLECT DEBTS THAT ARE --
THAT ARE LEGALLY OWED TO THEM. SO -- SO I THINK THAT THERE ARE LEGITIMATE
CONCERNS WITH THIS PIECE OF LEGISLATION, BECAUSE THERE ARE FEDERAL LAWS
IN EFFECT THAT -- THAT GOVERN THE USE OF THIS INFORMATION AND RESTRICT ITS
25
NYS ASSEMBLY MARCH 20, 2019
USE, MAKE SURE THAT THERE'S NOTIFICATION. SO -- SO I THINK SOME MAY BE
OPPOSED BECAUSE OF THAT -- THAT REASON. THANK YOU.
ACTING SPEAKER PICHARDO: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER PICHARDO: DOES THE SPONSOR
YIELD?
MR. BRAUNSTEIN: YES.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
MR. GOODELL: AS I UNDERSTAND THE BILL, THE CREDIT
CARD -- THE CREDIT COMPANIES LIKE EQUIFAX WOULD NOT BE ABLE TO MAKE
AVAILABLE CREDIT INFORMATION --
MR. BRAUNSTEIN: EMPLOYMENT; EMPLOYMENT.
MR. GOODELL: -- TO A DEBT COLLECTOR WITHOUT THE
DEBTORS' CONSENT; THAT'S THE PURPOSE OF THIS BILL?
MR. BRAUNSTEIN: YES.
MR. GOODELL: AND, OF COURSE, IT'S UNLIKELY THAT
MOST DEBTORS WILL GIVE THAT CONSENT. I WOULD FIND THAT VERY UNUSUAL IF A
DEBTOR WOULD COOPERATE WITH A DEBT COLLECTION COMPANY TO SEEK THEIR
ASSETS OR THEIR INFORMATION; IS THAT CORRECT?
MR. BRAUNSTEIN: IT'S -- YES, IT'S -- THE CONSUMER
REPORTING AGENCY WOULD NOT BE ABLE TO SELL THE INDIVIDUAL'S
EMPLOYMENT INFORMATION TO A DEBT COLLECTOR WITHOUT GETTING CONSENT,
YES.
26
NYS ASSEMBLY MARCH 20, 2019
MR. GOODELL: SO, THE BASIC PURPOSE OF THIS BILL IS
TO ELIMINATE THE ABILITY OF DEBT COLLECTORS, AS A PRACTICAL MATTER, TO
ACCESS THAT TYPE OF INFORMATION IN SEEKING TO COLLECT THE DEBT?
MR. BRAUNSTEIN: YEAH.
MR. GOODELL: BUT AS WE KNOW, ALL THESE BILLS
HAVE FINANCIAL RAMIFICATIONS THAT GO WELL BEYOND THE INDIVIDUALS. AND
SO, WHEN WE TAKE OUT A CREDIT CARD, THE FEES THAT WE PAY AS A LEGITIMATE
CREDIT CARD HOLDER, THE INTEREST RATE THAT WE PAY, THE INTEREST RATE WE
PAY ON MORTGAGES, THE COSTS THAT WE PAY WHEN WE BUY GOODS, ALL OF
THOSE COSTS REFLECT THE FACT THAT NOT EVERYONE WHO USES A CREDIT CARD OR
TAKES OUT A MORTGAGE OR BUYS GOODS ON CREDIT PAYS, RIGHT? AND SO, THE
UNCOLLECTED DEBT IS, IN A SENSE, PASSED ON TO THE CONSUMER.
MR. BRAUNSTEIN: SAY -- SAY THAT AGAIN.
MR. GOODELL: CERTAINLY. WE KNOW WHENEVER WE
BUY GOODS OR SERVICES, OR TAKE OUT A LOAN OR ACQUIRE A CREDIT CARD THAT
PART OF WHAT WE ARE PAYING FOR IN INTEREST RATES OR IN A CHARGE IS PART OF
THAT CHARGE COVERS THE FACT THAT NOT EVERYONE ELSE PAYS ON TIME. AND
SO WHEN A DEBT COLLECTOR IS SUCCESSFUL IN COLLECTING ON A CREDIT CARD
DEBT, THAT DEBT COLLECTOR'S SUCCESS RESULTS IN LOWER CHARGES TO EVERYONE
ELSE. SO, DON'T WE WANT TO ENCOURAGE EVERYONE TO PAY THEIR LEGITIMATE
DEBT? BECAUSE OTHERWISE THE PEOPLE WHO ARE PAYING END UP PAYING A
HIGHER PRICE OR A HIGHER INTEREST RATE OR MORE EXPENSE. THEY HAVE TO
PICK UP THE LOSS.
MR. BRAUNSTEIN: I UNDERSTAND YOUR POINT, BUT
RIGHT NOW, PEOPLE DON'T EVEN KNOW THAT THEIR EMPLOYMENT INFORMATION
27
NYS ASSEMBLY MARCH 20, 2019
IS BEING SHARED. WHEN THEY GO TO TAKE OUT A MORTGAGE AND THEIR
INFORMATION IS ACCESSED THROUGH THE WORK NUMBER, THEY HAVE NO IDEA
THAT TEN YEARS DOWN THE ROAD, THAT THEIR INFORMATION IS STILL GOING TO BE
AVAILABLE TO A DEBT COLLECTOR, AND THAT'S SOMETHING THAT WE'RE TRYING TO
PREVENT.
MR. GOODELL: SO SHOULDN'T -- WOULDN'T THAT ISSUE
BE RESOLVED BY A NOTICE OF SOME SORT?
MR. BRAUNSTEIN: BY A NOTICE?
MR. GOODELL: WELL, AGAIN, I GO BACK TO THIS -- THE
BASIC QUESTION: SHOULDN'T WE MAKE IT EASIER FOR DEBT COLLECTORS TO
COLLECT DEBT SO THAT THE REST OF THE STATE, ALL THE REST OF THE RESIDENTS
WHO ARE PAYING ON TIME, WON'T HAVE TO PAY HIGHER RATES TO COVER THOSE
LOSSES?
MR. BRAUNSTEIN: I'M SORRY, SAY THAT AGAIN.
MR. GOODELL: SURE. DON'T WE WANT --
MR. BRAUNSTEIN: PEOPLE MAKE A DECISION,
PEOPLE MAKE A DECISION.
MR. GOODELL: DON'T WE WANT TO ENCOURAGE PEOPLE
TO PAY THEIR OWN DEBTS SO THAT EVERYONE ELSE DOESN'T HAVE TO PAY HIGHER
COSTS TO COVER THEIR DEBT?
MR. BRAUNSTEIN: PEOPLE MAKE A DECISION AT THE
TIME OF TAKING OUT THEIR MORTGAGE WHETHER OR NOT THEY WANT TO ACCEPT
THE RATE THAT'S BEING OFFERED OR NOT. AND THIS AFFORDS THEM AN
OPPORTUNITY TO PREVENT THEIR EMPLOYMENT INFORMATION FROM BEING SOLD
TO DEBT COLLECTORS TEN YEARS, 20 YEARS DOWN THE ROAD. THAT'S WHAT THIS
28
NYS ASSEMBLY MARCH 20, 2019
BILL ACCOMPLISHES.
MR. GOODELL: OKAY. THANK YOU VERY MUCH FOR
YOUR COMMENTS, I APPRECIATE IT.
ON THE BILL, SIR.
ACTING SPEAKER PICHARDO: ON THE BILL.
MR. GOODELL: THIS, UNFORTUNATELY, IS SOMEWHAT
OF A ZERO-SUM GAME. SO, THE MORE PEOPLE DEFAULT ON THEIR CREDIT CARD,
THE HIGHER THE CREDIT CARD INTEREST IS FOR EVERYONE ELSE. AND SO,
IRONICALLY, WHEN A DEBT COLLECTOR IS SUCCESSFUL IN GETTING SOMEONE TO
PAY THE DEBT THAT THEY PROMISED TO PAY IN THE FIRST PLACE, THEIR SUCCESS
IN GETTING PEOPLE TO PAY FOR THEIR OWN DEBT MEANS THAT THE REST OF US
DON'T PAY HIGHER CHARGES TO PAY FOR THAT DEBT. AND SO, IF YOU'RE
INTERESTED IN HELPING THE CONSUMERS WHO PAY THEIR DEBT ON TIME TO PAY
LOWER CHARGES OR LOWER INTEREST RATE, THEN YOU EQUALLY OUGHT TO WANT TO
ENCOURAGE THOSE WHO DON'T PAY TO BRING THEIR CREDIT CARD DEBT OR THEIR
MORTGAGE DEBT OR THEIR CONSUMER DEBT CURRENT BECAUSE IF THEY DON'T
BRING THEIR OWN DEBT CURRENT, YOU AND ALL YOUR CONSTITUENTS WILL BE
PAYING MORE TO COVER THOSE LOSSES. THANK YOU.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
29
NYS ASSEMBLY MARCH 20, 2019
MR. VANEL TO EXPLAIN HIS VOTE.
MR. VANEL: MR. SPEAKER, I RISE TO -- TO THANK THE
SPONSOR IN -- IN --IN PUTTING IN THIS BILL. THIS BILL IS SIMPLE. IT'S ABOUT
MAKING SURE THAT PEOPLE AND NEW YORKERS HAVE THE RIGHT TO THEIR
INFORMATION. IT'S VERY UNFAIR FOR PEOPLE TO BE ABLE TO -- FOR EMPLOYERS,
FOR EQUIFAX OR FOR ANY OF THE REPORTING AGENCIES TO BE ABLE TO TAKE NEW
YORKERS' INFORMATION AND RESELL THEM WITHOUT -- WITHOUT OUR
PERMISSION. WE'RE MOVING TO A POINT WHERE DATA IS VERY VALUABLE. IN
AMERICA AND IN NEW YORK STATE, DATA IS THE NEW GOLD AND CONSUMERS
MUST HAVE MORE RIGHTS AND -- AND AUTONOMY OVER THEIR DATA. THIS IS A
GOOD STEP AHEAD AND A GOOD STEP FORWARD. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. KIM.
MR. KIM: YEAH, I WANT TO THANK THE SPEAKER --
ASSEMBLYMEMBER ED BRAUNSTEIN FOR PUTTING THIS BILL TOGETHER. THIS IS
-- YOU KNOW, WE ALREADY LIVE IN A SOCIETY WHERE THE RULES AND
REGULATIONS HEAVILY FAVOR THE LENDERS AND BY CREDIT CARD -- CREDIT CARD
RATING COMPANIES JUST SELLING DATA OF CONSUMERS LEFT AND RIGHT WITHOUT
ANY OVERSIGHT, WE'RE ACTUALLY PERPETUATING THE FAVORITISM TO OUR
LENDERS. THEY'RE MINING DATA EVERY SINGLE DAY TO PREDICT PUBLIC
BEHAVIOR AND -- AND HOW THEY CAN TREAT CONSUMERS, AND THAT'S NOT RIGHT.
AND THIS BILL PROTECTS CONSUMERS' DATA AND I APPRECIATE MY COLLEAGUE,
EDWARD BRAUNSTEIN, FOR CHAMPIONING THIS LEGISLATION. BUT WE HAVE TO
DO MORE TO MAKE SURE THAT WE CAN OWN OUR DATA MOVING FORWARD.
THANK YOU.
ACTING SPEAKER AUBRY: MR. KIM IN THE
30
NYS ASSEMBLY MARCH 20, 2019
AFFIRMATIVE.
MS. NIOU TO EXPLAIN HER VOTE.
MS. NIOU: I JUST WANTED TO COMMEND THE SPONSOR OF
THE BILL FOR PUTTING TOGETHER SUCH A STRONG CONSUMER PROTECTION. I THINK
THAT ONE OF THE THINGS THAT THIS BILL DOES IS REALLY BE ABLE TO HAVE SOME
TEETH IN PUTTING TOGETHER SOME ABILITY FOR FOLKS TO ACTUALLY HAVE A FINE
RELATED TO THE THINGS THAT THEY'RE DOING. SO, I THINK THAT THAT'S A REALLY,
REALLY STRONG PROTECTION FOR CONSUMERS AND I JUST WANTED TO COMMEND
THE SPONSOR FOR PUTTING THIS TOGETHER, BECAUSE WITHOUT THESE
PROTECTIONS, A LOT OF FOLKS CAN FALL PREY TO HAVING THEIR INFORMATION SOLD
WITHOUT THEIR KNOWING. SO FEW OF MY CONSTITUENTS KNEW THAT THEIR
INFORMATION WAS BEING SOLD WITHOUT THEIR KNOWLEDGE.
AND SO, I JUST WANTED TO THANK OUR SPONSOR, AGAIN,
BECAUSE I THINK THAT OUR CONSUMER PROTECTION ISSUES, THERE ARE SO MANY
DIFFERENT LITTLE NUANCES TO THE THINGS THAT ARE BEING LEAKED NOWADAYS
WITH TECHNOLOGY, AND I THINK THAT THIS IS SOMETHING THAT IS A GOOD
EXAMPLE OF A STRONG CONSUMER PROTECTION. SO, THANK YOU.
ACTING SPEAKER BUTTENSCHON: MS. NIOU IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER, FOR
THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR AN IMPORTANT
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NYS ASSEMBLY MARCH 20, 2019
INTRODUCTION ON BEHALF OF OUR ASSEMBLYMAN CLIFF CROUCH. WE HAVE
WITH US THE CHIEF OF THE CHENANGO FORKS FIRE DEPARTMENT, DARIN
JOHNS. AND ACCOMPANYING MR. JOHNS, AS WELL, IS A VERY IMPORTANT
PERSON, LISA JOHNS. SO, IF YOU WOULD WELCOME TO OUR CHAMBER ON
BEHALF OF ASSEMBLYMEMBER CLIFF CROUCH, DARIN AND LISA JOHNS FROM
CHENANGO FORKS. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER BUTTENSCHON: ON BEHALF
OF MR. CROUCH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THE
CHIEF AND HIS WIFE FROM THE CHENANGO FORKS TO THE CHAMBER, AND
EXTEND THE PRIVILEGES OF THE FLOOR AND WE HOPE YOU ENJOY OUR
PROCEEDINGS AND THANK YOU FOR JOINING US TODAY.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. IF WE CAN NOW TURN TO CALENDAR NO. 88, IT'S ON PAGE 10 AND
IT'S ON DEBATE, AS WELL, BY MR. O'DONNELL.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL READ.
THE CLERK: SENATE NO. S00300, CALENDAR NO. 88,
SENATOR HOYLMAN (O'DONNELL, SEAWRIGHT, DE LA ROSA -- A05604). AN
ACT TO AMEND THE ESTATES, POWERS AND TRUST LAW AND THE SURROGATE'S
COURT PROCEDURE ACT, IN RELATION TO MAKING TECHNICAL CORRECTIONS
RELATED TO MARRIAGE EQUALITY.
ACTING SPEAKER BUTTENSCHON: AN
EXPLANATION HAS BEEN REQUESTED.
32
NYS ASSEMBLY MARCH 20, 2019
MR. O'DONNELL.
MR. O'DONNELL: THANK YOU VERY MUCH. IN 2007 I
WROTE A BILL THAT THIS HOUSE PASSED WHICH AFFORDED SAME-SEX COUPLES
THE SAME RIGHTS AND PRIVILEGES THAT THE STATE GIVES TO GENDER DISCORDANT
COUPLES, THAT IS THE RIGHT TO MARRY. FIVE YEARS LATER IN 2011, THE SENATE
FINALLY TOOK UP THAT BILL AND MARRIAGE EQUALITY WAS THE LAW OF THE STATE
OF NEW YORK. AT THE TIME, IT WAS THE LARGEST STATE IN THE NATION THAT
PROVIDED THAT OPPORTUNITY. SINCE THEN, THE SUPREME COURT HAS RULED IN
THE WINDSOR CASE THAT THE DEFENSE OF MARRIAGE ACT WAS VIOLATIVE OF
THE EQUAL PROTECTION CLAUSE AND THAT MY RIGHT TO MARRY HAD TO BE
TREATED EQUALLY TO ANYONE ELSE'S RIGHT TO MARRY BY THE FEDERAL COURTS --
BY THE FEDERAL GOVERNMENT. SUBSEQUENT, IN THE OBERGEFELL CASE, THE
SUPREME COURT RULED THAT STATES WERE REQUIRED TO ISSUE LICENSES TO
SAME-SEX COUPLES TO HAVE A LICENSE TO MARRY, JUST LIKE EVERYBODY ELSE.
THIS IS A SIMPLE TECHNICAL AMENDMENT TO TWO PORTIONS
OF THE STATE LAWS THAT WERE WRITTEN IN A NON-GENDER NEUTRAL WAY. IT
DOESN'T CHANGE ANYTHING, IT SIMPLY CHANGES WORDS LIKE "PATERNAL
GRANDPARENT" TO "GRANDPARENTS", OR "HUSBAND AND WIFE" TO "SPOUSE".
ACTING SPEAKER BUTTENSCHON: MR.
MONTESANO.
MR. MONTESANO: THANK YOU.
ON THE BILL, PLEASE.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MR. MONTESANO: THANK YOU. WHILE I
UNDERSTAND THE SPONSOR'S INTENT WITH THE LAW AND DON'T DISPUTE ANY OF
33
NYS ASSEMBLY MARCH 20, 2019
THE FACTS ABOUT SAME-SEX MARRIAGE AND THE RIGHTS THAT TRAVEL WITH IT,
AND MANY OF OUR LAWS HAVE BEEN AMENDED TO REFLECT THOSE CHANGES, THE
CONCERNING ISSUE IN -- IN -- IN AMENDING THIS LAW ALONG THE LINES THAT
THIS BILL PROVIDES FOR CREATES A PROBLEM FOR ESTATE PLANNING ATTORNEYS
AND ATTORNEYS THAT PRACTICE BEFORE THE SURROGATE'S COURT. BECAUSE ON
MANY OF OCCASION WHEN SOMEONE DIES, ESPECIALLY INTESTATE WITHOUT A
WILL, WE HAVE TO SUBMIT A VERY LENGTHY FAMILY TREE THAT EXPLAINS THE
LINEAGE OF THE DECEDENT. AND IN THAT LINEAGE, YOU HAVE TO DESCRIBE NOT
ONLY WHO THE PARENTS WERE OF THAT DECEDENT, BUT THE GRANDPARENTS OF
THAT DECEDENT. AND SOMETIMES YOU HAVE TO GO AS FAR BACK AS TO THE
GREAT-GRANDPARENTS OF THE DECEDENT. AND THEN YOU HAVE TO DO IT ON
BOTH SIDES; SO, ON THE MOTHER'S SIDE AND ON THE FATHER'S SIDE.
AND THE LANGUAGE THAT'S USED IS THE "MATERNAL SIDE"
AND THE "PATERNAL SIDE". AND THIS IS USED THROUGHOUT OUR COUNTRY TO
TRACK FAMILY TREES. IT'S ALSO USED IN INTERNATIONAL LAW. IN MANY CASES
THAT I'VE HAD OVER THE YEARS THAT I APPEARED IN AS A GUARDIAN FOR SOME
PEOPLE, WE SEE THESE FAMILY TREES COME IN FROM ENGLAND, FROM ITALY,
FROM SPAIN, FROM FRANCE AND THE DOCUMENTATION IS CONTINUALLY THE
SAME, BECAUSE THAT'S HOW IT'S TRACED. SO, WE HAVE TO FIND A WAY TO
TRACK THE LINEAGE ON BOTH SIDES OF THE FAMILY AND PROPERLY IDENTIFY WHO
THE PARENTS WERE FOR THE DECEDENT, GRANDPARENTS, SIBLINGS ARE ALSO
INCLUDED IN THAT. IT GOES TO THE FIRST COUSIN, IT GOES TO THE SECOND
COUSIN, IT GOES TO THE THIRD COUSIN. BECAUSE WHEN A PERSON DIES
INTESTATE, YOU HAVE TO FIND A WAY TO TRACK DOWN THE DIFFERENT CLASSES OF
RELATIVES BECAUSE THAT'S WHO WOULD BE ENTITLED TO THE MONEY THAT THE
34
NYS ASSEMBLY MARCH 20, 2019
DECEDENT LEFT. AND YOU HAVE TO ESTABLISH IF THERE'S TWO SIDES TO THE
LINEAGE AND TRACK DOWN AS MANY AS YOU CAN DURING THAT DISCOVERY.
SO, THE CONCERN THAT I HAVE AND OTHER ATTORNEYS HAVE IS
WHAT DO WE DO, HOW DO WE ADJUST THE VERBIAGE IN THE LAW TO ADDRESS
THE FAMILY TREE? HOW DO WE EXPLAIN IF WE'RE LOOKING AT A DECEDENT
WHO IS A CHILD OF -- HAS TWO FATHERS. HOW DO WE DESCRIBE THAT ON THE
FAMILY TREE? DO WE SAY FATHER ONE ON ONE SIDE AND FATHER TWO ON THE
OTHER SIDE? AND THEN WE HAVE TO SHOW THEIR PARENTAL LINEAGE. SO, THEN
YOU WOULD HAVE TO USE THE TERM "MOTHER" AND "FATHER" IF THEY WERE
BORN TO A MOTHER AND FATHER.
SO, IT CREATES A COMPLEX PROBLEM THAT I DON'T THINK
THIS PARTICULAR BILL ADDRESSES, AND I THINK IT WOULD CAUSE MORE TROUBLE
IN LAYING OUT A FAMILY TREE AND TRACKING DOWN THE RELATIVES IN ALL
CLASSES, WHETHER IT BE PARENTAL, WHETHER IT BE A SIBLING, WHETHER IT BE A
COUSIN, TO MAKE SURE THEY GET WHAT'S COMING TO THEM UNDER THE
DECEDENT'S ESTATE. SO, FOR THOSE REASONS, I WOULD ASK MY COLLEAGUES TO
GIVE THIS SOME DEEP CONSIDERATION. WHILE I UNDERSTAND THE INTENT OF
THE SPONSOR AND WOULD LIKE TO MAKE ALL THINGS EQUAL AND ALL THINGS
APPLY ACROSS THE BOARD IN ALL THE LAWS OF THE STATE THAT WE HAVE, I THINK
THIS ONE HAS TO REALLY BE THOUGHT OF IT AND I WOULD ASK THEM AT THIS
TIME -- AS I WILL BE VOTING AGAINST THIS BILL AND WOULD ASK THEM TO
CONSIDER DOING THE SAME. THANK YOU.
ACTING SPEAKER BUTTENSCHON: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
35
NYS ASSEMBLY MARCH 20, 2019
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. O'DONNELL TO EXPLAIN HIS VOTE.
MR. O'DONNELL: I'M A LITTLE SURPRISED I'M STANDING
UP AGAIN. THERE ARE PEOPLE IN THE STATE CURRENTLY WHO DON'T HAVE A
MOTHER AND A FATHER, THEY HAVE TWO PARENTS. SOMETIMES IT'S TWO
WOMEN AND SOMETIMES IT'S TWO MEN. TO CHANGE THE LAW THAT DOESN'T
SAY "MATERNAL" OR "PATERNAL" IS TO REFLECT THE REALITY OF WHAT WE LIVE IN.
THE COURTS ALLOW FOR THAT, IT ALSO ALLOWS FOR ADOPTIONS. NO ONE HAS
EVER SUGGESTED THAT BECAUSE PEOPLE HAVE BEEN ADOPTED THAT THEY ARE
NOT -- THAT THEY DON'T HAVE PARENTS.
SO, IN THE END, THIS IS JUST CONFORMING LEGISLATION THAT
IS NOT AT ALL COMPLICATED. YOU TAKE ONE PARENT AND YOU GO UP THE
FAMILY TREE ON THAT ONE PARENT'S SIDE, AND YOU TAKE THE OTHER PARENT AND
GO UP THE FAMILY TREE ON THAT FAMILY SIDE, AND THEN YOU HAVE THE WHOLE
FAMILY TREE WITHOUT EVER HAVING TO ASSUME THE GENDER OF EITHER PARTY. I
URGE A YES VOTE.
ACTING SPEAKER BUTTENSCHON: MR.
O'DONNELL IN THE AFFIRMATIVE.
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, MADAM
36
NYS ASSEMBLY MARCH 20, 2019
SPEAKER. ON BEHALF OF ASSEMBLYMAN KEVIN BYRNE AND
ASSEMBLYWOMAN SANDY GALEF, IT IS MY HONOR TO INTRODUCE SOME
DISTINGUISHED GUESTS WHO ARE VISITING US TODAY. THESE ARE FRIENDS OF
RECOVERY FOR PUTNAM COUNTY, AND THEIR FOCUSING ON HELPING ADDICTS
RECOVER FROM THEIR ADDICTION AND TO IMPROVE THE QUALITY AND
EFFECTIVENESS OF OUR ADDICTION SERVICES. AND HERE TODAY JOINING US IS
VICTORIA METZ, KATHY NUGENT, RICHARD MALREY [SIC] (MALVEY), DEBBIE
MOLFETTA, TAMMY BENDER AND BRIANNA ADAMS. IF YOU WOULD EXTEND
THE CORDIALITIES OF THE HOUSE TO THESE IMPORTANT RESIDENTS WHO ARE
DOING SO MUCH GOOD IN PUTNAM COUNTY ON BEHALF OF ASSEMBLYMAN
BYRNE AND ASSEMBLYWOMAN GALEF. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER BUTTENSCHON: THANK YOU.
ON BEHALF OF ASSEMBLYMAN BYRNE AND MS. -- ASSEMBLYWOMAN GALEF,
THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU FROM PUTNAM
COUNTY HERE TODAY. WE APPRECIATE YOU HERE -- BEING HERE TODAY AND
ALL THE WORK THAT YOU DO HELPING INDIVIDUALS IN NEED. TO THE CHAMBER,
WE EXTEND THE PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE
PROCEEDINGS, AND THANK YOU FOR JOINING US.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE
COULD TAKE UP ANOTHER DEBATE BILL, IT'S CALENDAR NO. 102 AND IT'S ON
PAGE 11, BY MEMBER SEAWRIGHT.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL READ.
37
NYS ASSEMBLY MARCH 20, 2019
THE CLERK: SENATE BILL NO. S03134, CALENDAR NO.
130 -- 102, MS. -- SENATOR MYRIE (SEAWRIGHT, D'URSO--A01740). AN
ACT TO AMEND THE ELECTION LAW, IN RELATION TO SATISFYING FILING
REQUIREMENTS.
ACTING SPEAKER BUTTENSCHON: AN
EXPLANATION HAS BEEN REQUESTED.
MS. SEAWRIGHT.
MS. SEAWRIGHT: THANK YOU. THIS BILL IS ONE OF
THE STATE BOARD OF ELECTIONS 2019 BIPARTISAN LEGISLATIVE
RECOMMENDATIONS. IT ALLOWS CANDIDATES TO SATISFY BOTH LOCAL AND STATE
REQUIREMENTS WHEN FILING TO RUN FOR ELECTION BY FILING ONLY ONCE.
FILING WITH A LOCAL CAMPAIGN FINANCE BOARD MAY FULFILL BOTH LOCAL AND
STATE REQUIREMENTS, AS WELL. UNDER THE CURRENT SYSTEM, CANDIDATES ARE
REQUIRED TO FILE WITH BOTH THEIR LOCAL CAMPAIGN FINANCE BOARD AND WITH
THE STATE, WHOSE SYSTEMS AND REQUIREMENTS MAY NOT ALIGN. THE ONLY
LOCALITY THAT HAS LOCAL MORE RESTRICTIVE CAMPAIGN FINANCE LAWS IS IN
NEW YORK CITY.
ACTING SPEAKER BUTTENSCHON: MR.
GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER,
WOULD THE SPONSOR YIELD?
ACTING SPEAKER BUTTENSCHON: DOES THE
SPONSOR YIELD?
MS. SEAWRIGHT: YES.
MR. GOODELL: THANK YOU VERY MUCH, MS.
38
NYS ASSEMBLY MARCH 20, 2019
SEAWRIGHT. UNDER THE CURRENT LAW, AS I UNDERSTAND IT, EVERY STATE
OFFICIAL AND LOCAL OFFICIAL THAT'S RUNNING HAS TO FILE WITH THE STATE BOARD
OF ELECTIONS, CORRECT, THEIR FINANCIAL REPORT?
MS. SEAWRIGHT: THAT IS CORRECT.
MR. GOODELL: AND THAT PROVIDES EVERY RESIDENT IN
THE STATE A STANDARDIZED DATABASE THAT THEY CAN EASILY AND QUICKLY
ACCESS BY GOING TO ONE LOCATION, CORRECT?
MS. SEAWRIGHT: THAT IS CORRECT.
MR. GOODELL: AND IT ALSO ENSURES THAT THE STATE
BOARD OF ELECTIONS, WHICH HAS THEIR PRIMARY STATEWIDE RESPONSIBILITY
FOR ENFORCING OUR FINANCE LAWS, HAS THE INFORMATION ITSELF.
MS. SEAWRIGHT: AND UNDER THIS BILL, THEY WOULD
HAVE THE INFORMATION, AS WELL.
MR. GOODELL: BUT AS YOU KNOW, ONE OF THE TOOLS
THAT THE STATE BOARD OF ELECTIONS HAS TO ENFORCE THE CAMPAIGN FINANCE
LAW IS THE PENAL PROVISIONS THAT MAKE IT A CRIME TO FILE A FALSE
INSTRUMENT. UNDER THIS LAW, CANDIDATES WOULD NO LONGER -- SOME
CANDIDATES WOULD NO LONGER BE FILING WITH THE STATE BOARD OF
ELECTIONS, CORRECT?
MS. SEAWRIGHT: ENFORCEMENT COUNCIL WOULD
STILL BE ABLE TO ENFORCE THE PENAL LAW.
MR. GOODELL: IF -- IF THERE'S A FILING WITH A LOCAL
FINANCE BOARD AND THE LOCAL FINANCE BOARD FOR SOME REASON DOESN'T DATA
ENTER THE INFORMATION CORRECTLY OR ACCURATELY OR TIMELY. WHAT REMEDY
IS THERE UNDER THIS LAW? IS THERE A PENALTY THAT'S IMPOSED ON THE LOCAL
39
NYS ASSEMBLY MARCH 20, 2019
BOARD FOR FAILING TO FILE IN A TIMELY MANNER SO THE DATA'S AVAILABLE ON
THE STATE BOARD?
MS. SEAWRIGHT: SO, UNDER THIS BILL THE STATE HAS
THE AUTHORITY TO REMOVE IF -- IF IT'S NOT BEING FOLLOWED CORRECTLY UNDER
THE LOCAL CAMPAIGN FINANCE BOARD.
MR. GOODELL: WELL, ACTUALLY THE REMOVAL
PROVISIONS APPLY IN THREE SITUATIONS, CORRECT? ONE IS -- DEALS WITH THE
FILING FORMAT, THE SECOND IS THAT THE LOCAL FINANCE BOARD DATA IS PUBLICLY
AVAILABLE, AND THIRD IS AN AUTHORIZATION OF THE CHIEF ENFORCEMENT
OFFICER. THOSE THREE CRITERIA COULD BE MET EVEN THOUGH THE LOCAL
CAMPAIGN FINANCE BOARD IS NOT FILING THE INFORMATION IN A TIMELY
MANNER; ISN'T THAT CORRECT?
MS. SEAWRIGHT: IF THE CANDIDATE IS NOT FOLLOWING
THE LAW UNDER THE CAMPAIGN FINANCE BOARD, THE STATE HAS THE RIGHT TO
REVERT IT BACK AND REQUIRE FILING WITH THE STATE.
MR. GOODELL: I UNDERSTAND IF THE CANDIDATE
DOESN'T COMPLY, THE STATE WOULD BE ABLE TO ENFORCE. WHAT HAPPENS
WHEN THE LOCAL BOARD FAILS TO COMPLY?
MS. SEAWRIGHT: SAME THING.
MR. GOODELL: SO YOU'RE SAYING THE STATE BOARD OF
ELECTIONS COULD BRING AN ENFORCEMENT ACTION AGAINST THE LOCAL FINANCE
BOARD IF THEY DON'T FILE ON TIME?
MS. SEAWRIGHT: NO, I'M SAYING THAT THE STATE CAN
NOTIFY THE LOCAL CAMPAIGN FINANCE BOARD THAT THE FILING HAS TO BE WITH
THE STATE BECAUSE THEY'RE IN NON-COMPLIANCE.
40
NYS ASSEMBLY MARCH 20, 2019
MR. GOODELL: HOW MANY LOCAL FINANCE BOARDS DO
WE HAVE ACROSS NEW YORK STATE?
MS. SEAWRIGHT: WE HAVE ONE -- NEW YORK CITY,
WHICH IS MORE STRINGENT IN ITS RULES AND LAWS THAN NEW YORK STATE.
MR. GOODELL: SO YOU'RE SAYING THERE'S ONLY ONE
LOCAL FINANCE BOARD, THERE'S NO OTHER LOCAL FINANCE BOARD ANYWHERE ELSE
IN THE STATE?
MS. SEAWRIGHT: AT THIS TIME.
MR. GOODELL: WELL THEN WHY DON'T WE PASS A LAW
REQUIRING THE NEW YORK CITY FINANCE BOARD TO ACCEPT THE DATA THAT'S
FILED IN NEW YORK STATE RATHER THAN CREATE A PATCHWORK SITUATION?
MS. SEAWRIGHT: THIS SAVES TIME, RED TAPE,
RESOURCES BY ALLOWING A MORE STRINGENT CAMPAIGN FINANCE BOARD FOR A
CANDIDATE TO SATISFY THE FILING REQUIREMENTS BY FILING LOCALLY WITH THE
CAMPAIGN FINANCE BOARD.
MR. GOODELL: THANK YOU VERY MUCH FOR
ANSWERING THOSE QUESTIONS, I APPRECIATE IT.
ON THE BILL.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MR. GOODELL: I, AGAIN, I APPRECIATE THE DESIRE OF
THE SPONSOR OF THE BILL TO ELIMINATE DUPLICATE FILING SITE, I SUPPORT THAT
CONCEPT. THE PROBLEM IS THAT WE GO FROM A STATEWIDE DATABASE THAT IS
AVAILABLE TO ANY RESIDENT IN THE STATE AND IT'S VERY EASY TO ACCESS AND
IT'S ALL THE SAME, SO YOU CAN COMPARE FILINGS ANYWHERE YOU WANT.
THAT'S THE SYSTEM WE HAVE NOW. THE SYSTEM WE HAVE NOW MAXIMIZES
41
NYS ASSEMBLY MARCH 20, 2019
TRANSPARENCY, IT MAXIMIZES EASE OF ACCESS. IT MAXIMIZES THE ABILITY OF
ANY VOTER TO FIND OUT ANY INFORMATION THEY NEED ABOUT CAMPAIGN
FINANCES.
THIS BILL SUGGESTS THAT INSTEAD OF HAVING A TRANSPARENT
SINGLE DATABASE THAT APPLIES EQUALLY TO EVERYONE, WE INSTEAD NOW WILL
RELY ON LOCAL FINANCE BOARDS INSTEAD OF A SINGLE STATEWIDE FINANCE
BOARD. SO, INSTEAD OF HAVING A SINGLE TRANSPARENT FINANCE BOARD, WE'LL
NOW HAVE A PATCHWORK. UNDER THIS BILL, IF YOU WANT TO FIND OUT WHAT A
CANDIDATE'S FINANCES ARE, INSTEAD OF LOOKING IT UP ON THE STATE BOARD,
YOU HAVE TO FIND OUT WHERE THEY FILED WITH THE LOCAL BOARD AND THEN
YOU HAVE TO ACCESS THE LOCAL BOARD. IT MAKES IT HARDER TO GET
COMPREHENSIVE, OPEN, TRANSPARENT INFORMATION ABOUT CAMPAIGN
FINANCE.
ACTING SPEAKER BUTTENSCHON: MS.
SEAWRIGHT, WHY DO YOU RISE?
MS. SEAWRIGHT: THANK YOU. MR. GOODELL, WITH
ALL DUE RESPECT, THAT'S FACTUALLY INCORRECT. THE STATE BOARD OF ELECTIONS
UNDER THIS BILL WILL BE --
ACTING SPEAKER BUTTENSCHON: ARE YOU
ASKING MR. GOODELL TO YIELD?
MS. SEAWRIGHT: YES.
MR. GOODELL: I THOUGHT THAT WAS IMPLIED, AND DID
YOU HAVE A QUESTION?
MS. SEAWRIGHT: ARE YOU AWARE THAT UNDER THE
NEW YORK STATE BOARD OF ELECTIONS LAW THAT THEY WILL BE MAINTAINING
42
NYS ASSEMBLY MARCH 20, 2019
A LINK, VERY TRANSPARENT FOR ANYONE THAT WANTS TO ACCESS THE DATA?
MR. GOODELL: YES, I AM AWARE OF THAT.
AND SO, GOING BACK ON THE BILL, INSTEAD OF LOOKING AT A
DATABASE THAT'S MAINTAINED BY THE STATE BOARD OF ELECTIONS THAT ALLOWS
FOR A VERY SIMPLE, COMPREHENSIVE, COMPATIBLE ANALYSIS, IF THE
CANDIDATE FILED WITH A LOCAL BOARD UNDER THIS -- THIS BILL, ALL YOU WOULD
-- YOU WOULD HAVE A LINK THAT WOULD TAKE YOU TO A DIFFERENT SITE THAT
REPORTS THE INFORMATION IN A DIFFERENT MANNER. AND THE ACCURACY OF
THAT DIFFERENT SITE AND HOW FAST THAT INFORMATION IS RECORDED DOESN'T
RELY ON OUR STATE BOARD OF ELECTIONS, IT RELIES ON A LOCAL BOARD -- A
FINANCE BOARD.
AND SO IF THE LOCAL FINANCE BOARD DOESN'T GET IT UP
QUICKLY, THEY'RE NOT SUBJECT TO ANY PENALTIES. THERE'S NO REPERCUSSIONS.
IN THEORY, THEY COULD HAVE THEIR RIGHTS WITHDRAWN, BUT NOT FOR FAILURE TO
COMPLY IN A TIMELY MANNER; THAT'S OMITTED UNDER THIS BILL. SO, FOR ALL OF
US WHO WANT OPEN, TRANSPARENT FINANCIAL DATA ON ELECTIONS, ON A SINGLE
PLATFORM THAT ENABLES US TO COMPARE FINANCIAL DATA AND UNDERSTAND AND
ACCESS IT EASILY, WE SHOULD STAY WITH THE SAME SYSTEM. AND TO MEET
MY COLLEAGUE'S LEGITIMATE ISSUE ABOUT DUPLICATE FINANCING, INSTEAD OF
REPLACING OUR SINGLE, COMPREHENSIVE SYSTEM WITH A PATCHWORK, WHY
DON'T WE SIMPLY PASS A BILL THAT REQUIRES THE LOCAL FINANCE BOARD TO
ACCEPT WHAT'S FILED ON THE STATE LEVEL? THANK YOU VERY MUCH, MADAM
SPEAKER, AND, AGAIN, THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER BUTTENSCHON: MS. GRIFFIN.
MS. GRIFFIN: THANK YOU. THANK YOU VERY MUCH
43
NYS ASSEMBLY MARCH 20, 2019
FOR ASKING -- HAVING -- WELCOMING ME TO SPEAK. I WANTED TO ASK
EVERYONE TO JOIN ME IN WELCOMING MEMBERS OF 32BJ --
VOICE: WE'RE ON THE BILL.
MS. GRIFFIN: OH, I'M SORRY. THIS WAS SOMETHING
ELSE.
ACTING SPEAKER BUTTENSCHON: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. SEAWRIGHT TO EXPLAIN HER VOTE.
MS. SEAWRIGHT: THANK YOU, MADAM SPEAKER. IN
1988, NEW YORK CITY PASSED A REFORM TO ITS CHARTER THAT ENACTED
PUBLIC FINANCING AND CREATED THE CAMPAIGN FINANCE BOARD, WHICH HAS
MORE STRINGENT LAWS AND RULES THAN NEW YORK STATE. I APPRECIATE MY
COLLEAGUES FOR SUPPORTING THIS BILL TODAY TO REDUCE THE RED TAPE AND THE
BUREAUCRACY, AND TO PROMOTE EFFICIENCY ON THIS ELECTION REFORM BILL
THAT IN 2019 HAS BIPARTISAN SUPPORT FROM THE BOARD OF ELECTIONS AS A
LEGISLATIVE RECOMMENDATION. I CAST MY VOTE IN THE AFFIRMATIVE. THANK
YOU.
ACTING SPEAKER BUTTENSCHON: MS.
SEAWRIGHT IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
44
NYS ASSEMBLY MARCH 20, 2019
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS BRIEFLY TO
ACKNOWLEDGE GUESTS OF OUR COLLEAGUE, MS. GRIFFIN. THEY ARE FROM THE
32BJ FROM LONG ISLAND, NEW YORK CITY AND THE HUDSON VALLEY.
MADAM SPEAKER, WOULD YOU PLEASE WELCOME AND GIVE THEM THE
CORDIALITIES OF OUR FLOOR.
ACTING SPEAKER BUTTENSCHON: ON BEHALF
OF MS. GRIFFIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THE
DISTINGUISHED GUESTS FROM LONG ISLAND TO THE CHAMBERS, EXTEND THE
PRIVILEGES TO THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS, AND THANK
YOU FOR JOINING US.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU
COULD PLEASE CALL ON MR. DILAN TO MAKE AN ANNOUNCEMENT FOR MR. OTIS.
ACTING SPEAKER BUTTENSCHON: MR. DILAN.
MR. DILAN: THERE WILL BE AN IMMEDIATE
DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM FOLLOWING
THE CONCLUSION OF SESSION.
ACTING SPEAKER BUTTENSCHON: DEMOCRATIC
CONFERENCE AFTER SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU
45
NYS ASSEMBLY MARCH 20, 2019
COULD PLEASE CALL ON MR. CROUCH FOR AN ANNOUNCEMENT.
ACTING SPEAKER BUTTENSCHON: MR.
CROUCH.
MR. CROUCH: THANK YOU, MADAM SPEAKER. THERE
WILL BE AN IMMEDIATE REPUBLICAN CONFERENCE, MEMBERS-ONLY, IN THE
PARLOR.
ACTING SPEAKER BUTTENSCHON:
MEMBERS-ONLY CONFERENCE IN THE PARLOR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, DO WE
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER BUTTENSCHON: NO, WE DO
NOT.
MRS. PEOPLES-STOKES: THEN I MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL MARCH THE 21ST, TOMORROW BEING A
LEGISLATIVE DAY, THAT WE'LL RECONVENE AT 2:00 P.M. ON MARCH THE 25TH,
THAT MONDAY BEING A SESSION DAY.
ACTING SPEAKER BUTTENSCHON: THANK YOU.
THE ASSEMBLY STANDS ADJOURNED.
(WHEREUPON, AT 1:05 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL THURSDAY, MARCH 21ST, THURSDAY BEING A LEGISLATIVE
DAY, AND TO RECONVENE ON MONDAY, MARCH 25TH AT 2:00 P.M., MONDAY
BEING A SESSION DAY.)
46