MONDAY, MARCH 25, 2019                                             2:55 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF SUNDAY, MARCH 24TH.

                                 MRS. PEOPLES-STOKES.

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

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

                    24TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                                          1



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO PROVIDE TODAY'S QUOTE FOR MEMBERS,

                    FRIENDS AND STAFF THAT'S IN THE CHAMBER WITH US TODAY.  IT IS FROM MAYA

                    ANGELOU AND IT BASICALLY SERVES TO BE MOTIVATIONAL.  IT SAYS, "NEVER

                    MAKE SOMEONE A PRIORITY WHEN ALL YOU ARE TO THEM IS AN OPTION."

                    AGAIN, THAT'S BY THE VERY WISE MAYA ANGELOU.

                                 WITH THAT, MR. SPEAKER, I WOULD SAY THAT MEMBERS

                    HAVE ON THEIR DESKS A MAIN CALENDAR WITH 16 NEW BILLS, STARTING WITH

                    CALENDAR NO. 147.  AFTER ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE

                    WILL TAKE UP RESOLUTIONS ON PAGE 3 AND THEN WE WILL BEGIN TO CONSENT

                    THE NEW BILLS ON PAGE 4.  FOR OUR MAJORITY MEMBERS, FOR SURE WE WILL

                    HAVE A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF TODAY'S SESSION

                    AND I DON'T BELIEVE OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE HAVE A

                    CONFERENCE, BUT WE WILL CONFIRM THAT LATER, MR. SPEAKER.

                                 SO WITH THAT AS A GENERAL OUTLINE, IF YOU HAVE ANY

                    INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE

                    TIME.

                                 ACTING SPEAKER AUBRY:  WE HAVE

                    HOUSEKEEPING, MRS. PEOPLES-STOKES.

                                 WITHOUT OBJECTION, ON A MOTION BY MR. BUCHWALD TO

                    RECONSIDER THE SUBSTITUTION OF SENATE BILL NO. S03145 FOR ASSEMBLY

                    BILL NO. A00112, SAID SENATE BILL IS RECOMMITTED TO THE COMMITTEE ON

                    ELECTION LAW, AND SAID ASSEMBLY BILL IS RESTORED TO ITS PLACE ON THE

                                          2



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    THIRD ORDER READING.

                                 AND ON A MOTION BY MR. BUCHWALD, PAGE 15,

                    CALENDAR NO. 123, BILL NO. A00112, THE AMENDMENTS ARE RECEIVED AND

                    ADOPTED.  MRS. PEOPLES-STOKES -- THAT IS AN UN-SUB.

                                 THE CLERK WILL READ.  PAGE 4, CALENDAR NO. 147.

                                 I'M SORRY.  WE WILL GO TO RESOLUTIONS ON PAGE 3.  THE

                    CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 77, MS.

                    SEAWRIGHT.  LEGISLATIVE RESOLUTION CALLING FOR THE RATIFICATION OF THE

                    EQUAL RIGHTS AMENDMENT.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 202, MR.

                    MAGNARELLI.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

                    M. CUOMO TO PROCLAIM FEBRUARY 1-7, 2019, AS ENROLLED AGENT WEEK

                    IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.

                                 NOW PAGE 3 [SIC], CALENDAR NO. 147.


                                 THE CLERK:  ASSEMBLY NO. A00459-A, CALENDAR

                    NO. 147, PAULIN, MOSLEY, M.G. MILLER, CROUCH, GOTTFRIED.  AN ACT TO

                    AMEND THE EXECUTIVE LAW AND THE CRIMINAL PROCEDURE LAW, IN RELATION

                    TO THE DEFINITION OF DESIGNATED OFFENDER.

                                          3



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00838, CALENDAR NO.

                    148, HYNDMAN, ARROYO, D'URSO, EPSTEIN.  AN ACT TO AMEND A CHAPTER

                    OF THE LAWS OF 2018 RELATING TO THE ESTABLISHMENT OF A PILOT PROGRAM TO

                    PROVIDE JOB AND VOCATIONAL SKILLS TRAINING TO YOUTH WHO HAVE BEEN

                    ADJUDICATED JUVENILE DELINQUENTS OR JUVENILE OFFENDERS RESIDING IN A

                    FACILITY OVERSEEN BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, AS

                    PROPOSED IN LEGISLATIVE BILLS NUMBERS S.2084 AND A.2449, IN RELATION TO

                    MAKING CERTAIN PROVISIONS PERMANENT.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES.

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

                    FIRST VOTE OF THE DAY.  I WOULD ASK COLLEAGUES IN AND AROUND THE

                    CHAMBERS TO PLEASE COME IN AND CAST YOUR VOTE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  FIRST VOTE

                    OF THE DAY, MEMBERS.  IN YOUR SEATS, PLEASE VOTE NOW.  IN THE SOUND OF

                    OUR VOICE, PLEASE COME IN AND CAST YOUR VOTE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                          4



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01641, CALENDAR NO.

                    149, SEAWRIGHT, D'URSO, JACOBSON.  AN ACT TO AMEND THE ELECTION LAW,

                    IN RELATION TO REQUIRING CAMPAIGN FINANCE INFORMATION OF CERTAIN

                    CANDIDATES OR COMMITTEES TO BE FILED ON AN ELECTRONIC REPORTING SYSTEM.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT DECEMBER

                    15TH, 2019.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. SEAWRIGHT TO EXPLAIN HER VOTE.

                                 MS. SEAWRIGHT:  THANK YOU, MR. SPEAKER.  THIS

                    BILL WOULD REQUIRE ALL CAMPAIGN FINANCE FILINGS PURSUANT TO THE

                    ELECTION LAW TO BE FILED WITH THE STATE BOARD OF ELECTIONS, SPECIFICALLY

                    ELIMINATING THE $1,000 FILING THRESHOLD AT THE STATE LEVEL.  THIS BILL

                    RELIEVES DUPLICATE FILING REQUIREMENTS FOR POLITICAL COMMITTEES AND LIFTS

                    THE ADMINISTRATIVE BURDEN ON THE LOCAL BOARD OF ELECTIONS.  THIS WOULD

                    BECOME EFFECTIVE ON THE FIRST DAY OF -- DECEMBER 20TH, 2020.  WITH THE

                    ELIMINATION OF THIS $1,000 FILING THRESHOLD, VOTERS ARE ABLE TO SEE THE

                    CONTRIBUTIONS OF ALL CAMPAIGNS, BIG AND SMALL, PROMOTING BETTER

                    TRANSPARENCY.  I CAST MY VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                          5



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01823, CALENDAR NO.

                    150, PRETLOW, D'URSO.  AN ACT TO AMEND THE COUNTY LAW, IN RELATION TO

                    THE JURISDICTION OF A CORONER OR MEDICAL EXAMINER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

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

                    OUR COLLEAGUES CAN MAYBE TRY AND TAKE THEIR SEATS NOW.  WE HAVE TWO

                    BILLS WE WANT TO TAKE UP ON DEBATE.  BOTH OF THEM ARE ON PAGE 14.  THE

                    FIRST ONE IS CALENDAR NO. 103 BY MR. MAGNARELLI.  THE SECOND ONE IS

                    CALENDAR NO. 107 BY MS. BICHOTTE.

                                 ACTING SPEAKER AUBRY:  MEMBERS, WE ARE ON

                    DEBATE.  IF YOU WILL, PLEASE, TAKE YOUR SEATS OR TAKE YOUR CONVERSATIONS

                    OUTSIDE THE CHAMBER.  THAT'S FOLKS IN THE BACK, FOLKS WHO ARE LINED UP

                    AGAINST THE WALL.

                                 THE CLERK WILL READ.

                                 THE CLERK:  SENATE BILL NO. S02497, CALENDAR NO.

                                          6



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    103, SENATOR KENNEDY (MAGNARELLI, BENEDETTO, GALEF, GUNTHER, ORTIZ,

                    RIVERA, TITUS, ABBATE, STIRPE, JAFFEE, OTIS, ARROYO, MOSLEY, DAVILA,

                    PICHARDO, WEPRIN--A01851).  AN ACT TO AMEND THE VEHICLE AND TRAFFIC

                    LAW, IN RELATION TO PROHIBITING A CHILD LESS THAN TEN YEARS OF AGE FROM

                    BEING LEFT UNATTENDED IN A MOTOR VEHICLE UNDER CONDITIONS PRESENTING

                    SUBSTANTIAL RISK.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. MAGNARELLI.

                                 MR. MAGNARELLI:  YES.  THIS BILL IS IN RELATION TO

                    PROHIBITING A CHILD LESS THAN TEN YEARS OF AGE FROM BEING LEFT

                    UNATTENDED IN A MOTOR VEHICLE UNDER CONDITIONS PRESENTING SUBSTANTIAL

                    RISK.

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO.

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

                    THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    MAGNARELLI?

                                 MR. MAGNARELLI:  YES.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PALUMBO:  THANK YOU, BILL.  I JUST HAVE A FEW

                    QUESTIONS IN THIS REGARD, BECAUSE SOME OF MY COLLEAGUES HAD SOME

                    CONCERNS THAT THIS MAY BE ACTUALLY WEAKENING THE SITUATION, BECAUSE

                    WE ALL CERTAINLY UNDERSTAND THE GRAVITY OF WHAT CAN HAPPEN IN CHILDREN

                    -- MANY CHILDREN HAVE DIED IN COLD CARS, IN HOT CARS, AND THE FACT THAT

                    THEY WOULD TYPICALLY CHARGE ENDANGERING THE WELFARE OF A CHILD, WHICH

                                          7



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    IS A MISDEMEANOR, AND I KNOW THAT'S MENTIONED IN THE SPONSOR'S MEMO.

                    COULD YOU JUST GIVE US A LITTLE BIT OF A BRIEF REASON WHY YOU FEEL THAT

                    THIS LEGISLATION IS NECESSARY?

                                 MR. MAGNARELLI:  WELL, I BELIEVE IT'S NECESSARY

                    IN ORDER TO JUST EDUCATE OR INFORM THE PUBLIC OF HOW SERIOUS THIS

                    PROBLEM IS.  SINCE I'VE BEEN ELECTED TO THIS BODY, 230 CHILDREN HAVE

                    DIED IN CARS.  SO, IF THERE'S ANY REASON FOR WHY IT'S NECESSARY, THAT --

                    THAT'S THE REASON.  AND I DON'T BELIEVE THAT THIS BILL TAKES ANYTHING AWAY

                    FROM THE MISDEMEANOR CHARGE, IF THAT'S POSSIBLE, BUT I ALSO THINK THAT

                    IT'LL GET PEOPLE'S ATTENTION ONCE PEOPLE UNDERSTAND THAT LEAVING A CHILD

                    IN A CAR IS SOMETHING THAT COULD BE VERY DETRIMENTAL TO THE CHILD.

                                 MR. PALUMBO:  CERTAINLY, AND I -- AND I NOTE FOR

                    MY COLLEAGUES THAT IT DOES INDICATE IN PARAGRAPH -- IN 1210, PARAGRAPH

                    A, SECTION 1, THAT "NOTHING IN THIS SECTION SHALL BE DEEMED TO

                    SUPERCEDE THE PROVISIONS OF ANY OTHER APPLICABLE SECTION OF LAW."  SO,

                    IT CERTAINLY WOULD BE DISCRETIONARY THAT A POLICE OFFICER, IF IT WAS

                    EGREGIOUS ENOUGH, IT WASN'T JUST SIMPLY LEAVING A TEN YEAR OLD IN THE

                    CAR, THAT THEY COULD CERTAINLY STILL CHARGE THE MISDEMEANOR; IS THAT

                    ACCURATE?

                                 MR. MAGNARELLI:  THAT'S TRUE.  THAT'S ACCURATE.

                    AND THE ONE THING I'D LIKE TO ADD TO THAT IS THE IDEA HERE IS THAT WE DON'T

                    HAVE ANY OF THESE VIOLATIONS.  I WOULD HOPE THAT ONCE PEOPLE

                    UNDERSTAND THAT THEY COULD BE TICKETED FOR SOMETHING LIKE THAT, THAT

                    THEY WON'T DO IT AND BE A LITTLE MORE CAREFUL.

                                 MR. PALUMBO:  I UNDERSTAND, AND THAT'S A GOOD

                                          8



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    POINT.  SO, OTHER THAN JUST KIND OF A CATCHALL SUBSTANTIAL RISK TO A CHILD,

                    WHICH WOULD BE THE STATUTE THAT THEY WOULD TYPICALLY CHARGE NOW, JUST

                    ENDANGERING THE WELFARE OF A CHILD IS MORE OF A GENERAL STATEMENT.

                                 MR. MAGNARELLI:  RIGHT, AND THAT MEANS AN

                    ARREST AND TAKING THE MOTHER AWAY -- OR MOTHER OR THE FATHER AWAY

                    FROM A CHILD.  THOSE ARE PROBLEMATIC.

                                 MR. PALUMBO:  AND I SAW A PREVIOUS, I GUESS YOU

                    WERE -- WAS THAT LESS THAN 16 YEARS OF AGE.  WAS THERE ANY PARTICULAR

                    REASON WHY IT WAS MADE -- YOU CHOSE TO PUT TEN YEARS OF AGE IN THIS

                    PARTICULAR BILL?

                                 MR. MAGNARELLI:  I THINK IT WAS WITH THE ADVICE

                    OF COUNSEL OR STAFF THAT MAYBE CHILDREN OVER TEN WOULD BE ABLE TO TAKE

                    CARE OF THEMSELVES A LITTLE BIT BETTER IN THE CAR IF THEY HAD BEEN LEFT

                    ALONE.

                                 MR. PALUMBO:  SURE, AND GET OUT OF THE CAR.  AND,

                    LASTLY, I SEE THERE'S AN AGGRAVATED FINE SCHEDULE THAT THE FIRST CONVICTION

                    IS UP TO $50, THE SECOND ONE UP TO A $100 AND THE THIRD ONE UP TO $250

                    WITHIN AN 18-MONTH PERIOD.  IS THERE ANY ACTION THAT MOTOR VEHICLE

                    WOULD TAKE ON A DRIVER'S LICENSE WITH ANY OF THOSE CONVICTIONS BY THE

                    WAY OF EITHER POINTS OR A SUSPENSION OF ANYTHING?

                                 MR. MAGNARELLI:  NO, NOTHING.

                                 MR. PALUMBO:  OKAY.  VERY GOOD.  THANK YOU,

                    MR. MAGNARELLI.

                                 MR. MAGNARELLI:  THANK YOU.

                                 MR. PALUMBO:  ON THE BILL, PLEASE.

                                          9



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    PALUMBO.

                                 MR. PALUMBO:  THANK YOU, MR. SPEAKER, AND JUST

                    VERY BRIEFLY.  I THINK THIS IS A GREAT IDEA IN MANY RESPECTS.  WE DON'T

                    WANT TO WATER DOWN THE FACT THAT POLICE OFFICERS CAN OR COULD STILL

                    CHARGE ENDANGERING THE WELFARE OF A CHILD IF THEY LEAVE A CHILD OR AN

                    INFANT UNATTENDED IN A HOT VEHICLE OR EVEN A COLD VEHICLE.  BUT I WOULD

                    JUST SUGGEST THAT WE ALSO MAYBE CONSIDER THAT WE HAVE EVEN FURTHER

                    PENALTIES WITH REGARD TO ACTION ON LICENSES IN THE EVENT OF THE

                    AGGRAVATING -- ON THE AGGRAVATING ASPECTS OF THIS, THAT IF SOMEONE HAS A

                    SECOND OR A THIRD VIOLATION WITHIN A YEAR-AND-A-HALF, IT SHOULD BE MORE

                    THAN A $250 FINE, THAT WE MIGHT WANT TO CONSIDER HAVING A LITTLE BIT

                    MORE OF A HAMMER.  BUT, OTHERWISE, I DO THANK THE SPONSOR FOR

                    ANSWERING MY QUESTIONS, AND I APPRECIATE YOUR TIME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT NOVEMBER

                    1ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                                         10



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS.  ON BEHALF

                    OF OUR COLLEAGUE, MS. SIMON, AND PROBABLY ALL OF US, ACTUALLY, THERE ARE

                    SOME GUESTS IN THE CHAMBERS WHO I WOULD LIKE TO INTRODUCE AND ASK

                    YOU TO PROVIDE FOR THEM THE CORDIALITIES OF THE FLOOR.  THEY ARE TOBY

                    WILLIAMS, LACOYA JACK BILLMORE, DENNIS JORDAN AND THE CHAIR OF THE

                    TASK FORCE, DONNA POLEN.  MR. SPEAKER, THESE ARE ALL MEMBERS OF THE

                    NEW YORK STATE MUSIC THERAPY TASK FORCE.  MUSIC THERAPISTS WORK TO

                    HEAL AND TREAT MENTAL HEALTH ISSUES AMONGST PEOPLE WITH DISABILITIES

                    SUCH AS AUTISM AND ALZHEIMER'S.  MR. SPEAKER, I THINK THESE ARE SOME

                    OF THE PREMIER CAREGIVERS THAT PROVIDE SERVICE IN THE STATE OF NEW

                    YORK, AND IF WOULD YOU PLEASE WELCOME THEM AND PROVIDE FOR THEM

                    THE CORDIALITIES OF OUR FLOOR, I WOULD APPRECIATE IT.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. SIMON, 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.  HOPE THAT YOU HAVE ENJOYED THESE PROCEEDINGS, HOPE THAT

                    YOU CONTINUE THE GREAT WORK THAT YOU'RE DOING, AND I BET YOU COULD FIND

                    SOME OF US WHO MIGHT NEED A LITTLE MUSIC THERAPY IN THIS HOUSE.

                    THANK YOU SO VERY MUCH.  YOU ARE ALWAYS WELCOME HERE.

                                 (APPLAUSE)

                                 PAGE 14, 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,

                    CRUZ, EPSTEIN, ASHBY.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                                         11



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    RELATION TO AUTHORIZING EXPEDITED PARTNER THERAPY FOR CERTAIN SEXUALLY

                    TRANSMITTED INFECTIONS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MS. BICHOTTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER.  THIS BILL

                    WOULD ALLOW HEALTH CARE PRACTITIONERS THAT IDENTIFY AND DIAGNOSE A

                    SEXUALLY TRANSMITTED DISEASE IN AN INDIVIDUAL TO PRESCRIBE, DISPENSE,

                    FURNISH OR OTHERWISE PROVIDES PRESCRIPTION ANTIBIOTIC DRUGS FOR THOSE

                    SEXUALLY TRANSMITTED INFECTIONS THAT THE CENTERS FOR DISEASE CONTROL

                    AND PREVENTION RECOMMENDS FOR THE USE OF EXPEDITED PARTNER THERAPY

                    TO THAT PERSON'S SEXUAL PARTNER OR PARTNERS WITHOUT EXAMINING SUCH

                    PARTNER OR PARTNERS.

                                 IN 2008, NEW YORK STATE PASSED A LAW TO ALLOW HEALTH

                    CARE PROVIDERS WITH PRESCRIPTIVE PRIVILEGES TO PROVIDE EXPEDITED

                    PARTNER THERAPY FOR CHLAMYDIA INFECTIONS WHEN THE PRESCRIBER'S

                    JUDGMENT IS THAT THE PARTNER OR PARTNERS WILL NOT SEEK A PERSONAL

                    MEDICAL VISIT.  BY EXPANDING THE CURRENT LAW TO EXPEDITED PARTNER

                    THERAPY, WE WILL PROVIDE ASSISTANCE FOR INDIVIDUALS WHO WOULD

                    OTHERWISE NOT SEEK TREATMENT AND IMPROVE PUBLIC HEALTH OUTCOMES.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. RA.

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE, WILL

                                         12



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    YOU YIELD?

                                 MS. BICHOTTE:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RA:  THANK YOU VERY MUCH.  SO AS -- AS YOU

                    MENTIONED, YOU KNOW, FOR -- FOR SEVERAL YEARS NOW IT'S BEEN -- IT'S BEEN

                    THE LAW THAT WE ARE ABLE TO PROVIDE EXPEDITED THERAPY FOR ONE SPECIFIC

                    TYPE OF INFECTION.  THIS WOULD ALLOW IT -- RATHER THAN HAVING IN THE LAW

                    JUST A SPECIFIC TYPE OF DISEASE, IT WOULD BE ANYTHING ON THAT CDC LIST;

                    IS THAT CORRECT?

                                 MS. BICHOTTE:  EXACTLY.  I MEAN, CURRENTLY RIGHT

                    NOW WE PASSED A LAW THAT INCLUDES CHLAMYDIA, WHICH IS UNDER THE

                    CDC RECOMMENDATION.  AND WE -- AND ALSO, IT WOULD INCLUDE

                    GONORRHEA.  GONORRHEA RIGHT NOW IS ANOTHER STI THAT'S RECOMMENDED

                    FOR EXPEDITED PARTNER THERAPY, HOWEVER, WE DON'T HAVE IT IN OUR LAW

                    RIGHT NOW.

                                 MR. RA:  OKAY.  NOW THE CONCEPT IS BASICALLY, AND

                    CORRECT ME IF I'M WRONG, THAT, YOU KNOW, ONE -- ONE PARTNER COMES IN,

                    THEY SEE THE DOCTOR AND THE DOCTOR CAN THEN PRESCRIBE FOR THEIR PARTNER

                    WHO WILL NOT BE SEEING THE DOCTOR WITH THE IDEA BEING THAT THEY DON'T

                    BELIEVE THEIR PARTNER WOULD GO AND SEEK MEDICAL HELP FOR -- FOR THIS

                    DISEASE; IS THAT CORRECT?

                                 MS. BICHOTTE:  YES, THAT'S CORRECT.

                                 MR. RA:  SO, ONE OF THE CONCERNS THAT HAS BEEN

                    RAISED WITH REGARD TO THESE IN THE PAST IS THAT THAT PARTNER WHO NOW HAS

                    NOT SEEN A DOCTOR THEY, YOU KNOW, MAY BE TREATED BY -- BY SOME

                                         13



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    PRESCRIPTION, BUT PERHAPS THEY MAY HAVE OTHER ILLNESSES THAT WOULDN'T

                    BE DETECTED THAT PERHAPS A DOCTOR MIGHT DETECT IF HE HAD ACTUALLY SEEN

                    THEM INDIVIDUALLY.  SO, IS THERE ANYTHING THAT WILL ENCOURAGE THOSE

                    INDIVIDUALS TO GO AND SEEK THEIR OWN VISIT TO A DOCTOR?

                                 MS. BICHOTTE:  WELL, JUST SO YOU KNOW, THAT FIRST

                    YOU GOT TO BE REMINDED THAT EXPEDITED THERAPY IS AN ALTERNATIVE WAY TO

                    REFERRING SEXUAL PARTNERS, SO, WE ALWAYS RECOMMEND THAT THE PARTNERS

                    GO AND SEE THE PHYSICIAN.  AND USUALLY IF IT'S A KNOWN ALLERGY, THE

                    PARTNER WOULD KNOW TO, YOU KNOW, READ THE PRESCRIPTION AND SEE IF,

                    YOU KNOW, THEY'RE ALLERGIC TO ANY FORMULAS OR CHEMICALS OF THAT NATURE.

                    IF IT'S AN UNKNOWN ALLERGY, IT'S TREATED LIKE ANY OTHER MEDICATION AND

                    WE WOULD ENCOURAGE THE PARTNER TO GO AND SEEK HEALTH ADVICE AND CARE.

                    ALSO, YOU KNOW, THERE'S ALWAYS A PHARMACIST THAT THE PARTNER CAN

                    ALWAYS CONSULT WITH.

                                 MR. RA:  OKAY.  AND THAT -- THAT IS ONE OF THE OTHER

                    CONCERNS, IS -- IS THAT THERE COULD BE AN ALLERGY.  OFTENTIMES, THERE MAY

                    BE SOME TYPE OF ANTIBIOTIC THAT IS PRESCRIBED; SOME PEOPLE DO HAVE

                    ALLERGIES TO ANTIBIOTICS.  SO THEN WOULD IT NECESSARILY BE THE PARTNER

                    WHO HAS -- WHO HAS NOT SEEN THE DOCTOR THAT'S FILLING THE PRESCRIPTION,

                    OR COULD THE PRESCRIPTION BE FULFILLED BY THE PARTNER WHO HAS GONE TO

                    THE DOCTOR?  WHO IS IT ACTUALLY WRITTEN FOR?

                                 MS. BICHOTTE:  WELL, THE PRESCRIPTION IS WRITTEN

                    FOR THE ACTUAL PARTNER.  YES, SO IT'S NOT PATIENT SPECIFIC SO IT COULD BE

                    FILLED FOR ANYBODY, YES.

                                 MR. RA:  OKAY.  AND IS THERE ANY PROVISION, OR THIS

                                         14



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    MIGHT BE IN EXISTING LAW WITH REGARD TO THE LIMITED PROVISIONS WE DO

                    HAVE THAT PROTECTS THE DOCTOR FROM LIABILITY SHOULD THERE BE SOME TYPE

                    OF ALLERGY THAT THE PARTNER HAS, SAY, TO AN ANTIBIOTIC OR SOMETHING ELSE

                    IN THE MEDICATION?

                                 MS. BICHOTTE:  YES, THERE ARE LIABILITY PROTECTIONS.

                                 MR. RA:  OKAY.  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR CONTINUE TO YIELD FOR A COUPLE QUESTIONS?

                                 MS. BICHOTTE:  OF COURSE, YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RAIA:  THANK YOU.  IS THERE AN AGE RESTRICTION

                    ON THIS?  SO IF, YOU KNOW, IF WE'RE TALKING ABOUT A 14-YEAR-OLD AND

                    THEIR PARTNER IS DIAGNOSED WITH THE DISEASE, THE 14-YEAR-OLD CAN GO GET

                    THE DRUGS WITHOUT ANY OVERSIGHT?

                                 MS. BICHOTTE:  I DON'T THINK THERE'S AN AGE

                    RESTRICTION.  NO, THERE'S NO AGE RESTRICTION.  OBVIOUSLY, JUST FOR ANY TYPE

                    OF PRESCRIPTION, THERE IS SOME -- A NEED FOR PARENTAL CONSENT FOR

                    ANYBODY UNDER THE AGE OF 18.

                                 MR. RAIA:  OH, SO IF IT'S SOMEONE -- SO, A PARENT STILL

                    HAS TO SIGN-OFF ON THE PRESCRIPTION?

                                 MS. BICHOTTE:  YES.

                                 MR. RAIA:  OKAY, BECAUSE MY CONCERN WAS, AS WAS

                    MENTIONED EARLIER, IS, YOU KNOW, A 14-YEAR-OLD NOT MIGHT KNOW IF

                    THEY'RE ALLERGIC TO CERTAIN ANTIBIOTICS.

                                         15



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                                 MS. BICHOTTE:  EXACTLY.

                                 MR. RAIA:  SO, AS LONG AS THERE'S STILL PARENTAL

                    OVERSIGHT.  THANK YOU VERY MUCH.

                                 MS. BICHOTTE:  YES, SURE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. BICHOTTE TO EXPLAIN HER VOTE.

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

                    ALLOWING ME TO AFFIRM MY VOTE.  I'M REALLY PROUD TO PRESENT THIS BILL

                    TODAY WHICH PROVIDES EXPEDITED PARTNER THERAPY FOR THE PARTNERS OF

                    PATIENTS INFECTED WITH CHLAMYDIA AND OTHER SEXUALLY TRANSMITTED

                    INFECTIONS RECOMMEND BY THE CENTERS FOR DISEASE CONTROL.  THIS BILL

                    ALLOWS AUTHORIZED HEALTH CARE PRACTITIONERS THE ABILITY TO DIAGNOSE AND

                    PRESCRIBE PRESCRIPTION DRUGS FOR SEXUALLY TRANSMITTED INFECTIONS AND

                    OTHER TRANSMITTED INFECTIONS RECOMMENDED.

                                 ACCORDING TO CDC, THE NATIONAL STD PREVENTION

                    CONFERENCE IN WASHINGTON, D.C., NEARLY 2.3 MILLION CASES FOR

                    CHLAMYDIA, GONORRHEA AND SYPHILIS WERE DIAGNOSED IN THE UNITED

                    STATES.  EPT, EXPEDITED PARTNER THERAPY, HELPS PHYSICIANS AND OTHER

                    HEALTH CARE PROVIDERS DECREASE THE RATES OF SEXUALLY TRANSMITTED

                    INFECTIONS.  WHILE THE EXPEDITED PARTNER THERAPY IN NO WAY REPLACES A

                    FACE-TO-FACE INTERACTION FOR HEALTH CARE PROVIDER, IT CAN HELP PATIENTS

                                         16



                    NYS ASSEMBLY                                                   MARCH 25, 2019

                    WHO OTHERWISE WOULD NOT REACH OUT FOR TREATMENT.  SO, AGAIN, I AM -- I

                    AM SO IN FAVOR OF THIS BILL AND I JUST URGE MY COLLEAGUES TO VOTE IN THE

                    AFFIRMATIVE.  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.

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

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  RESOLUTIONS, MRS.

                    PEOPLES-STOKES, WHICH WE WILL TAKE UP WITH ONE VOTE.  ON THE

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

                    RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 203-214

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  I NOW MOVE THAT THE

                    ASSEMBLY STAND ADJOURNED UNTIL 1:00 P.M., TUESDAY, MARCH THE 26TH,

                    TOMORROW BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY WILL

                    STAND ADJOURNED.

                                 (WHEREUPON, AT 4:13 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL TUESDAY, MARCH 26TH AT 1:00 P.M., TUESDAY BEING A

                    SESSION DAY.)

                                         17