THURSDAY, MARCH 28, 2019 1:47 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

RABBI BACHMAN WILL OFFER A PRAYER.

RABBI BACHMAN: SOURCE OF LIFE, SOURCE OF

JUSTICE, SOURCE OF PEACE, WE ASK YOUR BLESSING UPON THIS BODY OF

ASSEMBLYMEMBERS, THAT YOU INSPIRE THEM TO SERVE THEIR PEOPLE WITH

DISCOURSE, WITH LAWS THAT GUIDE US THROUGH THE PRINCIPLES ANIMATED BY

YOU, THAT EACH OF US NO MATTER WHO WE ARE OR WHERE WE COME FROM

OUR MADE IN YOUR IMAGE. AND THAT WE ARE GIVEN THE GIFT OF LIFE AS THE

BREATH OF LIFE TO BUILD A WORLD OF JUSTICE, COMPASSION AND PEACE.

AMEN.

NYS ASSEMBLY MARCH 28, 2019

MEMBERS: AMEN.

ACTING SPEAKER AUBRY: VISITORS ARE INVITED

TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF WEDNESDAY, MARCH 27TH.

MRS. PEOPLES-STOKES.

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

THAT WE DISPENSE WITH THE JOURNAL OF WEDNESDAY MARCH THE 27TH AND

ASK THAT THE STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THIS IS MY OPPORTUNITY TO SHARE A WORD OF WISDOM. TODAY

OUR WORDS OF WISDOM COMES FROM WINNIE MANDELA; MRS. MANDELA, THE

FORMER FIRST LADY OF AFRICA AND A WONDERFUL LEADER IN HER COMMUNITY.

ALTHOUGH SHE'S NO LONGER WITH US, SHE LEFT SOME PROFOUND WORDS. "WE

HAVE A SHARED DESTINY, A SHARED RESPONSIBILITY TO SAVE THE WORLD FROM

THOSE WHO ATTEMPT TO DESTROY IT." AGAIN, MR. SPEAKER, THAT'S WINNIE

MANDELA.

OUR MEMBERS SHOULD BE NOTIFIED THAT THEY HAVE ON

THEIR DESK A MAIN CALENDAR. AFTER ANY INTRODUCTIONS AND/OR

HOUSEKEEPING, WE WILL CONTINUE WITH CONSENT BEGINNING WITH CALENDAR

NYS ASSEMBLY MARCH 28, 2019

NO. 156 ON PAGE 14. WE WILL ALSO BE WORKING OFF THE MAIN CALENDAR

ON DEBATE. MEMBERS SHOULD BE AWARE THAT THERE WILL BE ADDITIONAL

CONFERENCES HELD THIS EVENING. YOU WILL BE CONTACTED BY THE SPEAKER'S

OFFICE WHEN THOSE ARE GOING TO BE HELD. AND IF OUR COLLEAGUES HAVE

ANY SUCH NEED FOR A CONFERENCE, I'M SURE THEY WILL MAKE US AWARE OF

THAT. SO WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, IF THERE ARE ANY

INTRODUCTIONS?

ACTING SPEAKER AUBRY: CERTAINLY.

MRS. PEOPLES-STOKES: I DO HAVE ONE AND/OR

HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING BUT

INTRODUCTIONS.

MS. NIOU FOR THE PURPOSES OF A [SIC] INTRODUCTION.

MS. NIOU: I AM SO HONORED TO BE ABLE TO INTRODUCE A

SPECIAL GUEST AND MY PERSONAL FRIEND TO DO THE OPENING PRAYER THIS

MORNING. ANDY BACHMAN IS ACTUALLY A NEW YORK CITY-BASED

COMMUNITY LEADER. HE'S BASED IN MY COMMUNITY, ACTUALLY AND HE'S AN

EDUCATOR AND A NATIONALLY-RECOGNIZED EXECUTIVE, TEACHER, WRITER, RABBI,

AND SOCIAL ENTREPRENEUR AND HE'S A DEDICATED JEWISH LEADER WITH

SIGNIFICANT EXPERIENCE IN EXPANDING AND STRENGTHENING ALL ASPECTS OF

PLURALISTIC JEWISH PUBLIC AND PRIVATE AND NOT-FOR-PROFIT ORGANIZATIONS.

ANDY IS DEEPLY COMMITTED TO FIGHTING ALL FORMS OF SOCIAL INJUSTICE AND

FINDING POINTS OF CONNECTION AMONG PEOPLE WITH DIFFERENT WORLD VIEWS.

HE AND I HAVE WORKED TOGETHER ON ECONOMIC JUSTICE ISSUES AND SOCIAL

JUSTICE ISSUES AND I WILL CONTINUE TO STAND WITH ANDY ALL THE TIME.

NYS ASSEMBLY MARCH 28, 2019

ANDY HAS BEEN ON THE NEWSWEEK LIST OF THE NATION'S MOST INFLUENTIAL

RABBIS AND HE CURRENTLY SERVES AS EXECUTIVE DIRECTOR OF THE JEWISH

COMMUNITY PROJECT DOWNTOWN IN MANHATTAN AND SO I JUST WANTED TO

ASK THE WHOLE BODY TO PLEASE JOIN ME IN WELCOMING RABBI ANDY

BACHMAN.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. NIOU, MR. CYMBROWITZ, MS. ROZIC, THE SPEAKER AND ALL THE

MEMBERS, RABBI, WELCOME TO THE NEW YORK STATE ASSEMBLY. WE

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR STARTING US OFF

WITH PRAYER TODAY. PLEASE BE WELL. ALWAYS KNOW YOU'RE WELCOME

BACK.

RABBI BACHMAN: THANK YOU SO MUCH.

(APPLAUSE)

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

FOR THE PURPOSES OF A [SIC] INTRODUCTION.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I'M PLEASED TO BE ABLE TO INTRODUCE OUR COLLEAGUE KEN

ZEBROWSKI'S FAMILY; HIS WIFE CLAIR AND HIS BEAUTIFUL DAUGHTER REAGAN.

I REMEMBER, MR. SPEAKER, IT WAS JUST LAST JUNE THAT REAGAN WAS BORN

AND SO HERE WE ARE WITH HER IN OUR CHAMBERS. OH, SHE'S WAVING, TOO,

BY THE WAY. SHE'S WAVING AT YOU, MR. SPEAKER. IF YOU WOULD WELCOME

THEM TO OUR CHAMBERS AND OFFER THEM THE CORDIALITIES OF OUR FLOOR.

WE'D BE MUCH APPRECIATIVE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR HUSBAND AND ON BEHALF OF YOUR FATHER, REAGAN AND CLAIR, WE

NYS ASSEMBLY MARCH 28, 2019

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

PEOPLE. WHERE'S CHARLES? I DON'T SEE HIM.

(LAUGHTER)

WE ARE SO HAPPY TO HAVE YOU HERE. YOU ARE FAMILY SO

YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR. AND DURING THIS LONG

WEEK, IT'S CLEAR THAT YOU HAVE MADE YOUR HUSBAND AND YOUR FATHER A

VERY HAPPY MAN AND WE SHARE IN THAT JOY. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. MELISSA MILLER.

MS. MILLER: THANK YOU, MR. SPEAKER. I RISE TODAY

FOR AN INTRODUCTION. ALTHOUGH MANY OF YOU ALREADY KNOW MY SON

OLIVER, WE DO HAVE LOTS OF NEW MEMBERS SO I'D LIKE TO INTRODUCE HIM

AGAIN. THIS IS MY SON OLIVER. OLIVER HAD A STROKE IN UTERO THAT CAUSED

A BRAIN INJURY RESULTING IN DEVELOPMENTAL DISABILITIES AND COMPLEX

MEDICAL PROBLEMS. MY FAMILY, MY HUSBAND BRANDON AND MY DAUGHTER

KATY ARE SO AMAZING AND SO STRONG. WE ALL WORK TOGETHER TO PROVIDE

OLIVER WITH WHATEVER HE NEEDS TO HAVE THE MOST PRODUCTIVE LIFE. IT'S

CERTAINLY NOT EASY. IT'S REWARDING, YES VERY, BUT NOT EASY. EACH YEAR

MY HUSBAND AND OLIVER STAY UP FOR -- UP HERE IN ALBANY FOR THE

DURATION OF THE BUDGET PROCESS BECAUSE IT WOULDN'T BE POSSIBLE FOR ME

TO BE AWAY FROM OLIVER FOR SO LONG SINCE I AM THE PROVIDER FOR MOST OF

HIS SKILLED CARE SINCE WE CAN'T FIND SOMEBODY ELSE TO DO IT. SO I'M

REALLY GRATEFUL TO BE HAVING THEM UP HERE SHARING THIS WITH ME AGAIN.

OLIVER CONTINUES TO BE MY INSPIRATION TO FIGHT FOR THE RIGHTS AND THE

NEEDS OF ALL OF THE PEOPLE IN OUR STATE INCLUDING OUR MOST VULNERABLE.

NYS ASSEMBLY MARCH 28, 2019

WE'VE HAD A VERY ROCKY YEAR THIS YEAR, A YEAR FULL OF SCARY MEDICAL

COMPLICATIONS AND EVEN SCARIER CHANGES IN THE SYSTEMS THAT PROVIDE

SUPPORT TO PEOPLE LIKE OLIVER. WE ARE EXPERIENCING LOTS OF TRANSITIONS

WHICH HONESTLY ARE REALLY, REALLY HARD BOTH PHYSICALLY AND EMOTIONALLY.

BUT YOU SEE THIS BOY, REALLY NOW A YOUNG MAN, HE'S A FIGHTER. HE KEEPS

FIGHTING. HE FACES EACH DAY WITH A SMILE AND A HI, I'M GOOD. HIS

FORTITUDE MOTIVATES ME AND REMINDS ME WHY I KEEP FIGHTING FOR HIS

FRIENDS, FOR OUR NEIGHBORS, YOURS AND MINE. WE ALL DESERVE QUALITY OF

LIFE AND OLIVER IS A DAILY REMINDER TO KEEP UP THAT FIGHT. SO PLEASE

EXTEND THE CORDIALITIES OF THE HOUSE ONCE AGAIN, MR. SPEAKER. THANK

YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR MOTHER, THE SPEAKER AND ALL THE MEMBERS, OLIVER, WELCOME

BACK HERE TO THE NEW YORK STATE ASSEMBLY. YOU ARE OUR FAMILY. WE

ARE ALWAYS PLEASED TO SEE YOU LIGHTEN US UP AND YOU INSPIRE US. THANK

YOU SO VERY MUCH AND WE SEND LOVE TO YOU. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

PLEASE GO TO RESOLUTIONS ON PAGE 3 BEGINNING WITH ASSEMBLY NO. 227.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 227, MR. MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO

PROCLAIM APRIL 6, 2019, AS MISSING PERSONS DAY IN THE STATE OF NEW

YORK.

NYS ASSEMBLY MARCH 28, 2019

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 230, MS. LUPARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO

PROCLAIM APRIL 7-13, 2019, AS CRIME VICTIMS RIGHTS WEEK IN THE STATE

OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL CRIME

VICTIMS RIGHTS WEEK.

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: THANK YOU, MR.

SPEAKER. IF WE COULD NOW GO TO OUR MAIN CALENDAR, PAGE 14, CALENDAR

NO. 156, MR. DENDEKKER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04275, CALENDAR NO.

156, DENDEKKER, WALLACE, BARRON, D. ROSENTHAL, BLAKE, SAYEGH,

COLTON, REYES. AN ACT TO AUTHORIZE THE STUDY OF FEES AND CHARGES

ASSESSED TO RESIDENTS OF ASSISTED LIVING FACILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE,

THE CLERK: ASSEMBLY NO. A04568, CALENDAR NO.

157, ENGLEBRIGHT, THIELE, D'URSO, COLTON, WEPRIN, RAMOS, L.

ROSENTHAL, ABINANTI, GOTTFRIED, GLICK, ROMEO, RYAN, EPSTEIN, GRIFFIN,

BYRNE. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN

NYS ASSEMBLY MARCH 28, 2019

RELATION TO THE SALE OR USE OF NITROGEN FERTILIZER.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A04745, CALENDAR NO.

158, DINOWITZ. AN ACT TO AMEND CHAPTER 455 OF THE LAWS OF 1997

AMENDING THE NEW YORK CITY CIVIL COURT ACT AND THE CIVIL PRACTICE

LAW AND RULES RELATING TO AUTHORIZING NEW YORK CITY MARSHALS TO

EXERCISE THE SAME FUNCTIONS, POWERS AND DUTIES AS SHERIFFS WITH RESPECT

TO THE EXECUTION OF MONEY JUDGMENTS, IN RELATION TO EXTENDING THE

EFFECTIVENESS OF SUCH CHAPTER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COLLEAGUES, THIS IS OUR

FIRST VOTE OF THE DAY. IF YOU'RE IN AND AROUND THE CHAMBERS, PLEASE CAST

YOUR VOTE. THANK YOU.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04760-A, CALENDAR

NO. 159, AUBRY, WEPRIN. AN ACT TO AMEND THE JUDICIARY LAW, IN

NYS ASSEMBLY MARCH 28, 2019

RELATION TO REMOVING THE LIFETIME BAN ON JURY DUTY FOR CONVICTED FELONS

WHO HAVE COMPLETED THEIR SENTENCING.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05386, CALENDAR NO.

160, ABBATE, GRIFFIN, COLTON. AN ACT TO AMEND THE CIVIL SERVICE LAW,

IN RELATION TO EMPLOYEES CLASSIFIED AS THE TRIBOROUGH BRIDGE AND TUNNEL

AUTHORITY SUPERIOR OFFICERS BENEVOLENT ASSOCIATION OF AN

MTA-EMPLOYER AND THE RESOLUTION OF DISPUTES IN THE COURSE OF

COLLECTIVE NEGOTIATIONS.

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.

THE CLERK: ASSEMBLY NO. A05944, CALENDAR NO.

161, QUART, EPSTEIN, GOTTFRIED. AN ACT TO AMEND THE PENAL LAW, IN

RELATION TO GRAVITY KNIVES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06091, CALENDAR NO.

162, ABBATE, GRIFFIN, COLTON. AN ACT TO AMEND THE CIVIL SERVICE LAW,

IN RELATION TO THE APPOINTMENT AND PROMOTION OF SUPERVISORS OF THE

EMERGENCY MEDICAL SERVICE.

NYS ASSEMBLY MARCH 28, 2019

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: THANK YOU, MR.

SPEAKER. IF WE COULD NOW GO TO PAGE 11. WE'RE GOING TO GO TO

CALENDAR NO. 133 [SIC] (123), MR. BUCHWALD.

ACTING SPEAKER AUBRY: PAGE 11, BILL NO --

-CALENDAR NO. 123. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00112-A, CALENDAR

NO. 123, BUCHWALD, SANTABARBARA, PAULIN, NIOU, GALEF, SEAWRIGHT,

BLAKE, JAFFEE, MONTESANO, CROUCH, BRYNE, GUNTHER, RIVERA, GOTTFRIED,

DAVILA, WEPRIN, GLICK, D'URSO, JACOBSON. AN ACT TO AMEND THE

ELECTION LAW, IN RELATION TO BALLOT PROPOSALS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT DECEMBER

15TH.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY MARCH 28, 2019

ACTING SPEAKER ROZIC: 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, MADAM

SPEAKER. IF WE CAN NOW GO TO CALENDAR NO. 23, IT'S ON PAGE 5 BY MR.

GOTTFRIED ON DEBATE.

ACTING SPEAKER ROZIC: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01148, CALENDAR NO.

23, GOTTFRIED, DINOWITZ, PAULIN, AUBRY, COOK, GLICK, PERRY, BLAKE,

ORTIZ, ABINANTI, CRESPO, D'URSO, BARRON, COLTON, GALEF, REYES,

FERNANDEZ, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ACT, IN RELATION TO

HOSPITAL COMMUNITY ADVISORY BOARDS.

ACTING SPEAKER ROZIC: AN EXPLANATION IS

REQUESTED.

MR. GOTTFRIED: YES. MADAM SPEAKER, THIS BILL

WOULD REQUIRE EVERY GENERAL HOSPITAL IN THE STATE TO HAVE A COMMUNITY

ADVISORY BOARD AS MANY HOSPITALS, BUT FAR FROM ALL, NOW DO.

ACTING SPEAKER ROZIC: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER ROZIC: WILL YOU YIELD?

MR. GOTTFRIED: YES.

NYS ASSEMBLY MARCH 28, 2019

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. GOTTFRIED. ISN'T

THIS ALREADY THE SITUATION FOR ALL THE PUBLIC HOSPITALS IN NEW YORK CITY,

THEY ALSO HAVE A COMMUNITY ADVISORY BOARD?

MR. GOTTFRIED: YES. THE NEW YORK CITY HEALTH

AND HOSPITALS CORPORATION HOSPITALS HAVE FOR, AS LONG AS I KNOW, HAD A

COMMUNITY ADVISORY BOARD, YES.

MR. GOODELL: SO THE PURPOSE OF THIS BILL IS TO

TAKE THE NEW YORK CITY MODEL AND MANDATE IT ACROSS THE STATE?

MR. GOTTFRIED: NO. IT'S TO SAY THAT EVERY HOSPITAL

SHOULD HAVE A COMMUNITY ADVISORY BOARD. THERE ARE SOME HOSPITAL

-- YOU COULD SAY IT TAKES THE -- THE NYU LANGONE MODEL AND APPLIES IT

AROUND THE STATE.

MR. GOODELL: MOST OF -- I'M CERTAINLY ALL THE

HOSPITALS IN MY DISTRICT ALREADY HAVE A BOARD OF DIRECTORS WHICH IS

COMPOSED OF COMMUNITY MEMBERS. WHY ISN'T THE CURRENT FORMAT OF

BOARD OF DIRECTORS WITH WIDE REPRESENTATION FROM COMMUNITY

MEMBERS - AND THAT MODEL IS USED ACROSS UPSTATE - WHY ISN'T THAT

ADEQUATE?

MR. GOTTFRIED: A HOSPITAL FORMS A BOARD OF

TRUSTEES PRIMARILY TO GET WEALTHY PEOPLE IN TOWN AS ALL -- AS ALMOST

ANY NON-PROFIT AND, FRANKLY, MOST FOR-PROFIT CORPORATIONS DO. YOU PUT

ON YOUR BOARD OF TRUSTEES OR YOUR BOARD OF DIRECTORS PEOPLE WHO ARE

-- WHO EITHER HAVE SOMETIMES SOME VERY HIGH LEVEL OF PROFESSIONAL

EXPERTISE TO CONTRIBUTE OR CAN HELP YOU RAISE MONEY. THAT'S NOT WHAT A

NYS ASSEMBLY MARCH 28, 2019

COMMUNITY ADVISORY BOARD IS AIMED AT DOING. I'D BE -- YOU KNOW, A

COMMUNITY ADVISORY BOARD IS MEANT TO HAVE A MEMBERSHIP THAT

REFLECTS THE POPULATION OF THE COMMUNITY, THAT REFLECTS THE PEOPLE WHO

USE THE HOSPITAL. I WOULD BE REALLY SURPRISED IF THAT'S THE BASIS ON

WHICH HOSPITALS IN YOUR DISTRICT OR MINE OR 148 OTHER ASSEMBLY

DISTRICTS IN THE STATE FORM THEIR BOARDS OF TRUSTEES, NOR SHOULD THEY.

A BOARD OF TRUSTEES IS SUPPOSED TO HAVE PEOPLE. YOU SHOULD HAVE

SOME PEOPLE ON IT WHO MAY JUST REPRESENT THE COMMUNITY, BUT MAINLY

YOU WANT PEOPLE WITH A HIGH LEVEL OF SOME PROFESSIONAL KNOWLEDGE TO

CONTRIBUTE TO THE MANAGEMENT OF THE HOSPITAL AND THE ABILITY TO BRING IN

MONEY. THAT'S WHAT A BOARD OF TRUSTEES DOES. ITS FUNCTION AND THE

NATURE OF ITS MEMBERSHIP IS DRAMATICALLY DIFFERENT FROM WHAT A

COMMUNITY ADVISORY BOARD IS MEANT TO BE AND MEANT TO DO.

MR. GOODELL: WELL, WITH ALL DUE RESPECT, I DON'T

KNOW WHAT THE BOARD OF TRUSTEES DO IN HOSPITALS IN YOUR DISTRICT, BUT

THE BOARD OF TRUSTEES IN THE HOSPITALS IN MY DISTRICT ARE NOT ALL WEALTHY

ELITISTS. IT IS A BROAD REPRESENTATION OF THE COMMUNITY. SO MY

QUESTION IS IF, UNDER THIS BILL, IF A HOSPITAL'S BOARD OF DIRECTORS HAS A

REPRESENTATIVE BOARD OF MEMBERS OF THE COMMUNITY THAT MEET THE

CRITERIA SPECIFIED IN THIS BILL, ARE THEY THEN EXEMPT FROM HAVING TO

CREATE A NEW SECONDARY DUPLICATIVE COMMITTEE OR CAN THEY USE THEIR

OWN ALREADY EXISTING BOARD OF DIRECTORS?

MR. GOTTFRIED: WELL, THAT'S A VERY DIFFERENT

QUESTION. AND BY THE WAY, YOU USED THE TERM "ELITISTS", NOT ME, AND IF

YOU TELL ME THAT THE BOARD OF THE HOSPITAL IN YOUR DISTRICT IS IN FACT

NYS ASSEMBLY MARCH 28, 2019

FAIRLY REPRESENTATIVE OF THE GENERAL POPULATION OF YOUR DISTRICT, I WON'T

ARGUE WITH YOU. I'LL BE -- YOU KNOW, IT WOULD KNOCK MY SOCKS OFF IF

THAT'S TRUE, BUT MAYBE IT IS. THE FACT THAT A GROUP OF PEOPLE THAT WOULD

FIT THE DESCRIPTION OF A COMMUNITY ADVISORY BOARD IN THIS BILL ALSO

HAPPENED TO BE MEMBERS OF A BOARD OF TRUSTEES, WOULD -- CERTAINLY

WOULD NOT PRECLUDE THAT GROUP OF PEOPLE FROM BEING LABELED AS THE

HOSPITAL'S COMMUNITY ADVISORY BOARD. SO IT IS CONCEIVABLE, ALTHOUGH

TO ME IT'S HARD TO IMAGINE, THAT A HOSPITAL COULD HAVE A BOARD OF

TRUSTEES THAT MIGHT FIT THE CRITERIA AND BE -- AND WEAR A SECOND HAT AS

ITS COMMUNITY ADVISORY BOARD.

MR. GOODELL: MR. GOTTFRIED, I JUST WANTED TO

EXTEND ON BEHALF OF MYSELF AND MY WIFE, A STANDING INVITATION FOR YOU

TO COME AND BE OUR GUEST AT OUR HOUSE AND IF YOUR SOCKS ARE KNOCKED

OFF WE WILL PROVIDE SLIPPERS FOR YOU.

(LAUGHTER)

IT'S PART OF OUR FULL-SERVICE HOSPITALITY AND YOU ARE

ALWAYS WELCOME.

MR. GOTTFRIED: WELL, THANK YOU. MAYBE I'LL TAKE

YOU UP ON THAT.

MR. GOODELL: NOW, VOLUNTARY HOSPITALS ARE

ALREADY REQUIRED, AS I UNDERSTAND UNDER REGULATIONS, TO PREPARE A

COMMUNITY SERVICE PLAN?

MR. GOTTFRIED: YES.

MR. GOODELL: AND THAT COMMUNITY SERVICE PLAN

COVERS THE SAME TYPES OF ISSUES, DOESN'T IT, THAT IS COVERED BY THIS BILL

NYS ASSEMBLY MARCH 28, 2019

AS WELL?

MR. GOTTFRIED: THE COMMUNITY SERVICE PLAN IS

MEANT TO RELATE TO A LOT OF WHAT A COMMUNITY ADVISORY BOARD WOULD

FOCUS ON AND IN FACT UNDER THE BILL, THE BILL SAYS, RIGHT AT THE BEGINNING,

THAT WHEN A HOSPITAL DEVELOPS ITS COMMUNITY SERVICE PLAN, IT SHALL DO

SO IN CONSULTATION WITH ITS COMMUNITY ADVISORY BOARD.

MR. GOODELL: THANK YOU VERY MUCH, MR.

GOTTFRIED, AND JUST LET ME KNOW WHEN YOU WANT TO VISIT.

ON THE BILL.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. I

APPRECIATE THE SPONSOR'S DESIRE TO HAVE OUR HOSPITALS ACROSS THE STATE

BE GETTING INPUT FROM THE COMMUNITY THAT THEY SERVE. THAT'S A LAUDABLE

GOAL, CERTAINLY AND I AM CERTAINLY NOT IN A POSITION TO QUESTION IN ANY

WAY THE WISDOM OF NEW YORK CITY TO REQUIRE THAT FOR MANY OF THE

NEW YORK CITY HOSPITALS ALREADY. IN THE RURAL PARTS OF OUR STATE, IN

UPSTATE, MOST OF OUR HOSPITALS ARE RUN BY VOLUNTEER BOARDS THAT HAVE A

BROAD CROSS-SECTION OF THE COMMUNITY. IN ADDITION, THESE HOSPITALS ARE

REQUIRED TO CREATE A COMMUNITY ACTION PLAN OR A COMMUNITY SERVICE

PLAN. IT'S CALLED A SERVICE -- COMMUNITY SERVICE PLAN AND THAT

COMMUNITY SERVICE PLAN IS DESIGNED TO ENSURE THAT THE HOSPITAL IS

MEETING THE NEEDS OF THE COMMUNITY. QUITE FRANKLY, A PROGRAM THAT

MAY RUN VERY WELL IN NEW YORK CITY, IS NOT NECESSARILY THE RIGHT

PROGRAM THROUGHOUT THE REST OF THE STATE. AND FOR THOSE HOSPITALS

UPSTATE THAT ARE STRUGGLING FINANCIALLY WHO WORK VERY, VERY HARD TO

NYS ASSEMBLY MARCH 28, 2019

HAVE A REPRESENTATIVE BOARD OF TRUSTEES TO IMPOSE IN A DUPLICATIVE AND

ANOTHER LAYER OF BURDEN AND REGULATION ON THEM IS REALLY NOT AN

APPROPRIATE WAY TO GO ESPECIALLY AT A TIME WHEN WE'RE TRYING TO MAKE

SURE THAT THESE HOSPITALS STAY OPEN AND SERVE THE COMMUNITY IN THE BEST

WAY POSSIBLE. SO, I AND MANY OF MY COLLEAGUES WILL NOT BE SUPPORTING

THIS. ALTHOUGH WE DO RECOGNIZE THAT IN CERTAIN AREAS OF THE STATE,

PERHAPS IN NEW YORK CITY, IT MIGHT BE A GREAT IDEA AND WE'RE GLAD

THEY'RE OPERATING THEIR HOSPITALS DIFFERENTLY. THANK YOU VERY MUCH,

MADAM SPEAKER, AND AGAIN, THANK YOU VERY MUCH TO MY COLLEAGUE,

MR. GOTTFRIED.

ACTING SPEAKER ROZIC: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 270TH

DAY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU. THANK YOU, MADAM

SPEAKER. I WOULD LIKE TO COMMEND THE SPONSOR OF THIS LEGISLATION. I

THINK THE -- THE SPONSOR RECOGNIZES THE DIFFERENCE -- FUNCTIONS THAT ARE

NECESSARY TO MAKE A HOSPITAL EFFECTIVE FOR A COMMUNITY. THE FUNCTION

OF THE BOARD OF DIRECTORS OF THE HOSPITAL IS TO FULFILL A FIDUCIARY

RESPONSIBILITY TO THAT INSTITUTION TO MAKE THE BUSINESS DECISIONS THAT ARE

NECESSARY TO KEEP THAT HOSPITAL FUNCTIONING APPROPRIATELY. A

COMMUNITY ADVISORY BOARD HAS A TOTALLY DIFFERENT FUNCTION AND THAT IS

NYS ASSEMBLY MARCH 28, 2019

TO SPEAK ON BEHALF OF THE MEMBERS OF THE COMMUNITY AND BRING ISSUES

TO THE BOARD OF DIRECTORS OF THE HOSPITAL THAT THEY MIGHT NOT OTHERWISE

SEE. TO EXPLAIN HOW THERE IS A COMMUNITY NEED THAT THE BOARD OF

DIRECTORS MIGHT BE MISSING AND TO REACH OUT TO THE COMMUNITY AND

ELICIT SUPPORT FROM THE COMMUNITY MEMBERS, MAKE SURE THE

COMMUNITY MEMBERS UNDERSTAND THE SERVICES THAT ARE AVAILABLE TO

THEM FROM THE HOSPITAL. SO THERE ARE TWO VERY DIFFERENT FUNCTIONS THAT

IN MY MIND CANNOT BE SERVED BY ONE BOARD. SO I COMMEND THE

SPONSOR FOR RECOGNIZING THIS NEED WHICH -- AND THIS SOLUTION I THINK

WILL ACTUALLY MAKE THE HOSPITALS IN OUR STATE FAR STRONGER. SO I VOTE IN

THE AFFIRMATIVE AND URGE MY COLLEAGUES TO DO SO.

ACTING SPEAKER ROZIC: MR. ABINANTI IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. IF WE COULD NOW GO TO PAGE 9, CALENDAR NO. 84 BY MR.

WEPRIN ON DEBATE.

ACTING SPEAKER ROZIC: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04336, CALENDAR NO.

84, WEPRIN, BLAKE. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION

TO THE REPORT THE CORRECTION MEDICAL REVIEW BOARD IS REQUIRED TO ISSUE

REGARDING THE DEATH OF ANY INMATE.

NYS ASSEMBLY MARCH 28, 2019

ACTING SPEAKER ROZIC: AN EXPLANATION IS

REQUESTED, MR. WEPRIN.

MR. WEPRIN: THANK YOU. THIS BILL WOULD ADD

LANGUAGE TO SECTION 47 OF THE CORRECTION LAW REQUIRING THE MEDICAL

REVIEW BOARD TO ISSUE A REPORT WITHOUT REDACTION EXCEPT IN CASES OF

MEDICAL NECESSITY OR AS OTHERWISE REQUIRED TO PROTECT CONFIDENTIAL

MEDICAL RECORDS AND BEHAVIORAL HEALTH RECORDS IN ACCORDANCE WITH

STATE AND FEDERAL LAWS TO THE GOVERNOR, THE CHAIR OF THE ASSEMBLY'S

COMMITTEE ON CORRECTION AND THE CHAIR OF THE SENATE COMMITTEE ON

CRIME VICTIMS CRIME AND CORRECTION. THIS LAW IS NECESSARY -- OR THIS

BILL IS NECESSARY AS THERE HAVE BEEN CASES WHEN THE LEGISLATURE HAS

SOUGHT COPIES OF REPORTS ON THE DEATH OF INMATES HOUSED IN STATE

CORRECTIONAL FACILITIES WHICH UPON DELIVERY HAVE BEEN SO HEAVILY

REDACTED WITH ENTIRE PAGES AND PARAGRAPHS TO THE POINT WHERE YOU

CANNOT DETERMINE ANYTHING OTHER THAN THE NAME OF THE INDIVIDUAL.

ACTING SPEAKER ROZIC: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER ROZIC: WILL YOU YIELD, MR.

WEPRIN?

MR. WEPRIN: YES. I'D BE HAPPY TO YIELD.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MR.

WEPRIN. WHEN THESE REPORTS ARE CREATED, IT'S FOLLOWING THE DEATH OF AN

INMATE, IS THAT CORRECT?

NYS ASSEMBLY MARCH 28, 2019

MR. WEPRIN: YES.

MR. GOODELL: AND I'M CORRECT TO ASSUME THAT

MOST OF THESE DEATHS ARE NOT THE RESULT OF NATURAL CAUSES, YOU KNOW, OLD

AGE OR THINGS OF THAT NATURE?

MR. WEPRIN: WELL, IT'S NOT ALWAYS DETERMINED UNTIL

-- UNTIL WE KNOW AN INVESTIGATION TAKES PLACE. SO I DON'T KNOW IF YOU

CAN DETERMINE WHAT THE CAUSE OF DEATH IS, YOU KNOW, OTHER THAN HAVING

AN INVESTIGATION.

MR. GOODELL: BUT, OF COURSE, THE REPORT ON THE

CAUSE OF DEATH OCCURS ONLY AFTER THE INVESTIGATION, CORRECT?

MR. WEPRIN: NO. IT WOULD BE AFTER THE DEATH OF

SOMEONE WHO IS INCARCERATED, IF IT OCCURS WHILE THEY'RE INCARCERATED.

MR. GOODELL: RIGHT. AND THEN AFTER THEY DIE

WHILE INCARCERATED THERE'S AN INVESTIGATION. AND AFTER THE INVESTIGATION

IS COMPLETED, THEN THE REPORT IS PREPARED ON THAT DEATH.

MR. WEPRIN: CORRECT.

MR. GOODELL: THAT'S THE SEQUENCE. AND IS IT

CORRECT TO ASSUME THAT MANY OF THESE INMATE DEATHS ARE THE RESULT OF

POTENTIAL CRIMINAL ACTIVITY; AN ASSAULT BY ANOTHER INMATE OR SOMETHING

OF THAT NATURE?

MR. WEPRIN: IT COULD BE, IT COULD NOT BE. IT JUST

SAYS REVIEWING THE CAUSE OF DEATH. SO IT COULD BE AND IT MIGHT NOT BE.

MR. GOODELL: WELL, ONE OF THE CONCERNS THAT A

NUMBER OF US HAVE IS THAT TO THE EXTENT THE REPORT DEALS WITH

INVESTIGATING THE INMATE DEATH CAUSED BY OTHER INMATES OR CRIMINAL

NYS ASSEMBLY MARCH 28, 2019

BEHAVIOR, THE VERY PROCESS OF DOING THAT INVESTIGATION AND GETTING THE

INFORMATION MAY REQUIRE ON THE COOPERATION AND TESTIMONY OF OTHER

INMATES. AND SO THE CONCERN IS THAT IF YOU PUBLISH A REPORT THAT FULLY

DISCLOSES ALL THE INMATES THAT COOPERATED IN THAT INVESTIGATION AND

EVERYTHING THEY SAID, THEY WILL BE THE NEXT TARGETS. AND AS A RESULT, IT

WILL BE NEARLY IMPOSSIBLE FOR OUR CORRECTIONS TO FULLY AND ACCURATELY

INVESTIGATE AN INMATE DEATH. AND OF COURSE IF THEY CAN'T ACCURATELY

INVESTIGATE AN INMATE DEATH, THE LIKELIHOOD THAT THE PERPETRATORS WILL BE

CAUGHT AND PUNISHED IS REDUCED AND THE LIKELIHOOD OF MORE DEATHS IS

INCREASED. SO IF OUR FOCUS IS ON PROTECTING INMATES, DON'T WE WANT TO

ENSURE A HIGH LEVEL OF CONFIDENTIALITY IN THESE INVESTIGATIONS?

MR. WEPRIN: WELL, IT'S BASICALLY -- THEY'RE

SUPPOSED TO DETERMINE THE CAUSE OF DEATH. THEY DON'T HAVE TO CITE

SPECIFIC NAMES. I WOULD THINK THAT A REDACTION FOR THAT REASON, FOR

SECURITY REASONS OF A PARTICULAR NAME OF AN INMATE WOULD -- WOULD BE

APPROPRIATE, BUT NOT THE CIRCUMSTANCES OF THE DEATH, THE CAUSE OF THE

DEATH. IT COULD -- IT COULD INDICATE A NUMBER OF INMATES INVOLVED, BUT

IT DOESN'T NECESSARILY HAVE TO LIST THE NAMES.

MR. GOODELL: SO YOU WOULD BE SATISFIED THEN

WITH A REPORT THAT'S ONE PAGE THAT SAYS THE FOLLOWING INMATES DIED THIS

YEAR?

MR. WEPRIN: WELL, MORE THAN THAT. THEY WOULD

HAVE TO DETERMINE HOW THEY DIED AND WHAT WAS THE CIRCUMSTANCES OF

THAT DEATH. I'VE SEEN THESE REDACTED REPORTS. BASICALLY YOU CAN'T

DETERMINE ANYTHING FROM THEM. I'M NOT SAYING THEY HAVE TO GIVE ME

NYS ASSEMBLY MARCH 28, 2019

THE NAMES OF OTHER INMATES THAT HAVE COOPERATED, BUT YOU CAN SAY THAT

THERE WAS AN ALTERCATION INVOLVING A NUMBER OF INMATES, YOU KNOW,

AND IT RESULTED IN, YOU KNOW, SOMEONE DYING IN -- IN -- IN A FIGHT OR

SOMETHING ALONG THOSE LINES, BUT THAT'S INFORMATION LEADING TO THE

CAUSE OF DEATH. AND I'M NOT ASKING YOU TO GIVE ME THE NAMES OF EVERY

INDIVIDUAL, BUT THE WAY THEY DO IT, THEY JUST AUTOMATICALLY REDACT

EVERYTHING EXCEPT THE NAME.

MR. GOODELL: AS YOU KNOW WE DEAL WITH

CONFIDENTIAL INFORMATION, FOR EXAMPLE, IN OUR ETHICS COMMITTEES AND IN

THOSE SITUATIONS THE LAW IS VERY, VERY CLEAR THAT IF ANYONE; STAFF MEMBER

OR ASSEMBLYMAN BREACHES CONFIDENTIALITY IT'S A CRIME, IT'S A

MISDEMEANOR. DOES THIS BILL REQUIRE ANY CONFIDENTIALITY ON THE PART OF

ANYONE RECEIVING THIS REPORT TO ENSURE ITS CONFIDENTIALITY?

MR. WEPRIN: IT WOULD BE THE CURRENT LAW THAT

WOULD APPLY AS FAR AS CONFIDENTIALITY FOR THE EXAMPLE OF, YOU KNOW,

HIPAA RECORDS, CERTAIN MENTAL HEALTH RECORDS, MEDICAL ISSUES THAT ARE

ALREADY COVERED UNDER LAW, EXISTING LAW AS -- AS CONFIDENTIALITY SO

THOSE SAME LAWS WOULD APPLY.

MR. GOODELL: BUT THE REPORT ITSELF, THIS LAW

WOULD PROVIDE THAT THOSE MEDICAL RECORDS COULD BE REDACTED SO THAT

WOULDN'T BE INCLUDED IN THE REPORTS. SO MY QUESTION IS, IS THERE

ANYTHING IN THIS BILL THAT WOULD REQUIRE THE REPORT CALLED FOR BY THIS BILL

TO BE KEPT CONFIDENTIAL?

MR. WEPRIN: WELL, APPARENTLY THERE STILL IS A

SITUATION WHERE ANYTHING THAT WOULD BE GOVERNED UNDER THE ETHIC LAW

NYS ASSEMBLY MARCH 28, 2019

ABOUT RELEASING IS ALREADY REDACTED. SO WHAT I'M JUST -- WE'RE TRYING TO

DETERMINE IN THIS LEGISLATION IS NOT TO CHANGE EXISTING LAWS OF

CONFIDENTIALITY. THOSE WOULD STILL BE IN PLACE. WE'RE JUST TALKING

ABOUT INFORMATION THAT WOULD LEAD A REASONABLE PERSON TO DETERMINE

THE CAUSE OF DEATH OF THAT PARTICULAR INMATE.

MR. GOODELL: NOW THIS REPORT WOULD BE SENT TO

THE GOVERNOR, RIGHT? WHO ELSE?

MR. WEPRIN: THE CHAIR OF THE ASSEMBLY --

MR. GOODELL: CHAIR OF THE ASSEMBLY COMMITTEE

ON CORRECTIONS.

MR. WEPRIN: -- CORRECTIONS COMMITTEE AND THE

COUNTERPART IN THE SENATE.

MR. GOODELL: AND THIS IS A FORMAL PUBLIC REPORT,

CORRECT? I MEAN IT'S AN OFFICIAL REPORT.

MR. WEPRIN: I'VE BEEN TOLD BY COUNSEL IT'S NOT A

PUBLIC DOCUMENT. IT'S STILL A CONFIDENTIAL REPORT TO THE CHAIRS AND THE

GOVERNOR.

MR. GOODELL: SO WHAT SECTION OF FOIL WOULD

THIS BE COVERED UNDER IN TERMS OF ITS EXEMPTION? BECAUSE I'M NOT

AWARE OF ANY SECTION OF FOIL THAT WOULD ALLOW A FORMAL REPORT TO BE

CONFIDENTIAL, UNLESS OTHERWISE SPECIFIED EITHER UNDER THE PUBLIC

OFFICERS LAW OR IN THE LAW ITSELF THAT CREATED THE REPORT.

MR. WEPRIN: I WOULD IMAGINE IT'S PROBABLY

FOILABLE, BUT IT STILL GOES DOWN TO THE DETERMINATION OF WHAT THE CAUSE

OF DEATH IS.

NYS ASSEMBLY MARCH 28, 2019

MR. GOODELL: THANK YOU VERY MUCH, MR.

WEPRIN. I APPRECIATE YOUR COMMENTS.

ON THE BILL, MADAM SPEAKER.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. GOODELL: WHEN AN INMATE DIES IN PRISON, IT

IS CERTAINLY APPROPRIATE TO DO A FULL AND COMPREHENSIVE ANALYSIS OF WHY

THE INMATE DIED. AND I AGREE WITH MY COLLEAGUE THAT THAT INFORMATION

SHOULD BE SHARED WITH US, THE LEGISLATURE, SO THAT WE CAN TAKE

APPROPRIATE ACTION, AS NECESSARY, TO ENSURE THE MAXIMUM SAFETY OF

INMATES WHO ARE IN OUR JAILS AND IN OUR PRISONS. THE PROBLEM IS THAT

WHEN AN INMATE IS KILLED AS A RESULT OF AN ASSAULT OR A MURDER, WE ALSO

WANT TO HAVE THE MAXIMUM ABILITY TO IDENTIFY WHO THE ASSAILANT WAS

AND TO TAKE APPROPRIATE STEPS TO MAKE SURE THERE AREN'T MORE MURDERS

IN THAT FACILITY. AND SO IF WE HAVE A PUBLIC REPORT THAT'S SUBJECT TO

FOIL THAT OUTLINES ALL THE TESTIMONY OF ALL THE INMATES THAT HAPPENED TO

COOPERATE IN THIS INVESTIGATION AND YOU'RE DEALING WITH A GANG-RELATED

ASSAULT OR A DEATH, THEIR VERY COOPERATION AS OUTLINED IN THIS REPORT

COULD BE THEIR DEATH SENTENCE. AND THE NET EFFECT IS THAT WE MAKE OUR

PRISONS MUCH MORE DANGEROUS. I WOULD BE SUPPORTIVE OF THIS BILL IF IT

CONTAINED A CLAUSE THAT MADE THE REPORT ITSELF STRICTLY CONFIDENTIAL AS

WE DO WITH OTHER REPORTS PUNISHABLE BY A MISDEMEANOR IF IT'S

IMPROPERLY DISCLOSED. THAT IS THE WAY WE PROTECT THE INMATES FROM

FURTHER VIOLENCE WHILE ENCOURAGING THEM TO COOPERATE. BUT WITHOUT

THAT CONFIDENTIALITY, THIS BILL WILL RESULT IN MORE INMATES BEING ATTACKED

AND KILLED IF OTHER INMATES BELIEVE THEY'VE BEEN COOPERATING IN AN

NYS ASSEMBLY MARCH 28, 2019

INVESTIGATION. FOR THAT REASON I WON'T BE SUPPORTING THIS BILL AND I URGE

MY COLLEAGUES NOT TO SUPPORT IT AS WELL. THANK YOU, MADAM SPEAKER,

AND AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER ROZIC: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BLAKE TO EXPLAIN HIS VOTE.

MR. BLAKE: THANK YOU, MADAM SPEAKER. FIRST, I

WANT TO THANK THE SPONSOR ON THIS BILL. IT IS ABSOLUTELY CRITICAL AND

NECESSARY FOR MANY REASONS. COLLEAGUES, YOU MAY RECALL THAT LAST YEAR

WE WERE ABLE TO PASS A BILL ON BOTH SIDES OF OUR CHAMBER BECAUSE WE

WEREN'T GETTING INFORMATION AS RELATES TO AUTOPSIES AND IT'S IMPORTANT TO

KNOW THE -- THE CAUSE OF A DEATH AS WELL. WE GO BACK TO A STORY THAT

CAME ON THE DAILY NEWS LAST NOVEMBER WHERE IT WAS STATED ABOUT 50

INMATES OVER THE LAST FIVE YEARS COULD HAVE POTENTIALLY STILL BEEN ALIVE

IF THEY HAD SIMPLE MEDICAL TREATMENT. YOU GO BACK TO THE STORY EARLIER

THIS YEAR AT THE GREENE CORRECTIONAL FACILITY WHERE ANTHONY MYRIE, A

24-YEAR-OLD, WAS NOT REALLY CLEAR WHY HE HAD A SUDDEN CARDIAC ARREST.

AND SO IT'S ABSOLUTELY CRITICAL FOR US TO UNDERSTAND WHAT IS GOING ON

WHEN SOMEONE IS WITHIN OUR FACILITIES AND MAKE SURE WE'RE PROTECTING

THEM IN THAT WAY. I'M PROUD TO CO-SPONSOR THIS -- THIS LEGISLATION. I

THANK THE SPONSOR FOR WORKING ON THIS. I THANK ALSO OUR SENATOR ON THE

OTHER SIDE AS WELL, BUT IN THE SPACE OF TRANSPARENCY, WE SHOULD ALWAYS

NYS ASSEMBLY MARCH 28, 2019

KNOW WHAT'S GOING ON FOR SOMEONE THAT'S IN A FACILITY, ESPECIALLY WHEN

IT COMES TO SOMEONE LOSING THEIR LIFE. I PROUDLY SUPPORT THIS BILL AND

WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU EVERYONE.

ACTING SPEAKER ROZIC: MR. BLAKE IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. I WANT TO COMMEND THE SPONSOR FOR CONSIDERING TO PUT THIS

PIECE OF LEGISLATION IN. IT'S -- A REPORT IS NOT HELPFUL TO A FAMILY, TO A

SYSTEM THAT'S TRYING TO CORRECT ITSELF OR TO ANYONE IF ALL OF THE

INFORMATION HAS BEEN REDACTED. WHILE BASED ON THE CONVERSATION THAT

WE'VE HEARD HERE TODAY, I THINK IT PROBABLY IS IMPORTANT TO REDACT

CERTAIN PEOPLE'S NAMES, BUT THE PROCESSES AND PROCEDURES THAT THEY

WENT THROUGH TO TAKE THIS LIFE, THAT'S INFORMATION THAT COULD BE HELPFUL

TO ENSURING THAT THESE INSTITUTIONS ARE MAKING RECOMMENDATIONS ON

HOW NOT TO ALLOW THESE THINGS TO HAPPEN AGAIN.

THE OTHER THING I WILL SAY, MADAM SPEAKER, IS THAT ALL

INMATES ARE PEOPLE, TOO. AND THEY DESERVE THE EXACT SAME JUSTICE THAT

WE ALL DESERVE. IF THIS IS AN OPPORTUNITY TO DETERMINE THAT FACILITY X,

Y, Z COULD HAVE DONE A BETTER JOB AT PROTECTING THIS INMATE'S LIFE OR THAT

THE MEDICAL CARE THAT THIS INMATE HAD BEEN GIVEN, THEY COULD'VE BEEN

GIVEN A DIFFERENT PRESCRIPTION, THOSE ARE THE KIND OF THINGS THAT WE NEED

TO KNOW SO THAT WE CAN MAKE PROPER CORRECTIONS. THESE ARE, AGAIN, OUR

PEOPLE AND THEY DESERVE OUR PROTECTION AS WELL AS ANY OTHER CITIZEN IN

THE STATE OF NEW YORK. SO WITH THAT, MADAM SPEAKER, I WILL BE VOTING

NYS ASSEMBLY MARCH 28, 2019

IN FAVOR OF THIS AND ENCOURAGE MY COLLEAGUES TO DO LIKEWISE.

ACTING SPEAKER ROZIC: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. WEPRIN TO EXPLAIN HIS VOTE.

MR. WEPRIN: YES. I HAVE NO DOUBT THAT THE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WILL NOT

RELEASE UNNECESSARILY THE NAMES OF INDIVIDUALS THAT COULD ENDANGER THE

SYSTEM. I WANT YOU TO KNOW I GET HUNDREDS OF LETTERS ALL THE TIME FROM

INMATES' FAMILIES AND IN THE INCIDENTS WHERE DEATHS HAVE OCCURRED AND

NO ONE KNOWS WHAT HAPPENED AND THE FAMILY DOES NOT KNOW, THEY'RE

ENTITLED TO THAT INFORMATION. AND IF WE GET A REPORT THAT DOES NOT DEAL

WITH THE CAUSE OF DEATH, I'M NOT ASKING FOR THE NAMES OF THE INDIVIDUALS

INVOLVED IN THE CAUSE OF DEATH IF THERE WERE OTHER INDIVIDUALS, BUT THERE

SHOULD BE A BASIC UNDERSTANDING FOR THE SECURITY OF THE SYSTEM AND FOR

MAKING OUR CORRECTIONAL INSTITUTIONS SAFE. IF THERE'S NO UNDERSTANDING

AND THEIR DEATH OCCURRING IN INSTITUTIONS AND NO ONE KNOWS HOW THEY

OCCURRED, THAT IS A DANGEROUS SITUATION AND SOMETHING THAT HAD TO BE

DEALT WITH. SO I WITHDRAW MY REQUEST AND STRONGLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER ROZIC: MR. WEPRIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY MARCH 28, 2019

MRS. PEOPLES-STOKES: MADAM SPEAKER, COULD

YOU PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER ROZIC: MR. OTIS FOR AN

ANNOUNCEMENT.

MR. OTIS: IMMEDIATELY FOLLOWING SESSION, WE WILL

REST FOR A BIT AND THEN THERE'LL BE A DEMOCRATIC CONFERENCE AT 7:00 P.M.

IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER ROZIC: MRS. PEOPLES-STOKES.

DEMOCRATIC CONFERENCE, 7:00 P.M., SPEAKER'S

CONFERENCE ROOM.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, COULD

YOU CALL ON MR. CROUCH FOR AN ANNOUNCEMENT?

ACTING SPEAKER ROZIC: MR. CROUCH FOR AN

ANNOUNCEMENT.

MR. CROUCH: THANK YOU, MADAM SPEAKER. WE

WILL NOT BE RESTING. THERE WILL BE AN IMMEDIATE REPUBLICAN

CONFERENCE IN THE PARLOR MEMBERS-ONLY, MEMBERS-ONLY.

ACTING SPEAKER ROZIC: IMMEDIATE REPUBLICAN

CONFERENCE IN THE PARLOR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, DO WE

HAVE ANY HOUSEKEEPING OR FURTHER RESOLUTIONS?

ACTING SPEAKER ROZIC: WE HAVE MANY FINE

RESOLUTIONS WHICH WE WILL TAKE UP ALL AT ONCE.

NYS ASSEMBLY MARCH 28, 2019

ALL THOSE IN FAVOR SAY AYE; OPPOSED. THE RESOLUTIONS

ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 231 AND 232

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED AND TO RETURN AT THE CALL OF THE SPEAKER.

ACTING SPEAKER ROZIC: THE ASSEMBLY IS

ADJOURNED.

(WHEREUPON, AT 3:28 P.M., THE HOUSE STOOD ADJOURNED

UNTIL THE CALL OF THE SPEAKER.)