MONDAY, MAY 13, 2019 2:26 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 FRIDAY, MAY 10TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY MAY 13, 2019
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF FRIDAY, MAY 10TH
AND THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. FOR JUST THE FACT THAT WE JUST CELEBRATED MOTHER'S DAY, I
WOULD LIKE TO SHARE SOME WORDS FROM JENELLE MCBRIDE. JENELLE SAYS
THAT, A MOTHER COMES WITH MANY DIFFERENT NAMES. AUNTS WHO LOVE YOU,
WORRY AND PLAY; TEACHERS WHO HELP YOU, GUIDE YOU AND SET -- AND HELP
YOU SET YOUR AIMS; SISTERS WHO LISTEN, CRY AND PUT OUT YOUR WORRIES;
GRANDMAS WITH WARM COOKIES, HUGS AND PRAYERS SO YOU'LL NEVER STRAY.
YES, A MOTHER DOES COME WITH ALL KINDS OF NAMES. SO, THANK YOU TO ALL
THE WOMEN FOR BEING MOTHERS OF SOMEONE'S CHILD, INCLUDING YOUR OWN.
MR. SPEAKER, HAPPY MOTHER'S -- BELATED MOTHER'S DAY
TO ALL MOTHERS OF THE WORLD, AND PARTICULARLY THOSE IN OUR CHAMBERS.
(APPLAUSE)
MEMBERS SHOULD BE AWARE THERE IS A MAIN CALENDAR
ON THE DESK WITH 44 NEW BILLS BEGINNING WITH CALENDAR NO. 272. AND
AFTER ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL BEGIN TO CONSENT
THESE BILLS ON PAGE 4. WE'LL ALSO TAKE UP BILLS ON DEBATE FROM THE MAIN
CALENDAR. FOR OUR MAJORITY MEMBERS, THERE WILL BE A NEED FOR A
DEMOCRATIC CONFERENCE AT THE CONCLUSION OF SESSION TODAY. AND AS
ALWAYS, WE WILL CHECK WITH OUR COLLEAGUES ON THE OTHER SIDE TO SEE IF
THEY HAVE SIMILAR NEEDS.
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NYS ASSEMBLY MAY 13, 2019
SO, WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, IF
THERE ARE INTRODUCTIONS AND/OR HOUSEKEEPING, THIS WOULD BE A GREAT
TIME. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. WE HAVE
HOUSEKEEPING TO BEGIN WITH.
ON A MOTION BY MR. ABINANTI, PAGE 5, CALENDAR NO.
281, BILL NO. A.1698, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. D'URSO, PAGE 26, CALENDAR NO.
212, BILL NO. A.154, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MEMBER -- ASSEMBLY MR. KIM, PAGE
28, CALENDAR NO. 227, BILL NO. A.2106, AMENDMENTS ARE RECEIVED AND
ADOPTED.
FOR THE PURPOSES OF AN INTRODUCTION, MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER. I REALLY
APPRECIATE THE OPPORTUNITY TODAY TO INTRODUCE MY LIFE PARTNER, MEGAN,
WHO IS HERE TODAY WITH OUR BELOVED SON, AJ. I RISE TODAY ON MILITARY
SPOUSES APPRECIATION DAY TO RECOGNIZE A WOMAN OF SUBSTANCE. ONE
WHO HAS SACRIFICED SO MUCH IN SUPPORT OF OUR GREAT NATION. MEGAN
ELIZABETH MADDEN WAS BORN IN WASHINGTON D.C. TO WALTER AND JUDY
MADDEN AND HAS EIGHT BROTHERS AND SISTERS. SHE'S A FINE GRADUATE OF THE
UNIVERSITY OF MARYLAND, GO TURKS! WE FIRST MET IN 1995 WITH OUR FIRST
OFFICIAL DATE BEING TO RUN THE UNITED STATES ARMY 10 MILER ROAD RACE
AT THE PENTAGON. IT WAS LOVE AT FIRST SIGHT AND I'VE BEEN TRYING TO KEEP
UP WITH HER EVER SINCE. WE WERE MARRIED AT THE OLD POST CHAPEL AT
ARLINGTON NATIONAL CEMETERY IN OCTOBER OF 1997, AND SOON HAD OUR
3
NYS ASSEMBLY MAY 13, 2019
FIRST SET OF ORDERS TO THE WEST COAST IN CAMP PENDLETON, CALIFORNIA FOR
DUTY WITH THE 1ST MARINE REGIMENT. OUR OLDEST DAUGHTER, MOLLY, WAS
BORN THERE IN MARCH OF 1999 AND, OF COURSE, I DEPLOYED JUST THREE SHORT
MONTHS LATER TO THE MIDDLE EAST ON NAVY SHIPS WHILE OUR GROWING LITTLE
FAMILY STAYED STRONG AT HOME. BARELY NINE MONTHS AFTER OUR RETURN,
WAS OUR BEAUTIFUL DAUGHTER HALEY WELCOMED TO THE WORLD IN OCTOBER OF
2000 AS WE ENJOYED THOSE SEEMINGLY LAST CAREFREE DAYS OF SUNSHINE IN
CALIFORNIA. YOU SEE, WE SOON SAID OUR GOODBYES AGAIN AT THE PIER IN
SAN DIEGO IN AUGUST OF 2001 AS I SAILED AGAIN FOR THE PERSIAN GULF.
OUR PEACETIME PATROL CHANGED TO A WAR FOOTING AFTER SEPTEMBER 11,
2001 AS THE 15TH MARINE EXPEDITIONARY UNIT WAS THE FIRST MARINE UNIT
INTO AFGHANISTAN. MEGAN AND OUR GIRLS WAITED PATIENTLY, AS ALL MILITARY
SPOUSES AND FAMILIES HAVE WAITED THROUGHOUT THE AGES WITH THE
SWEETEST JOY BEING OF HOMECOMING AND REUNITING AFTER DOING OUR
NATION'S DUTY WHEN NEW YORK WAS ATTACKED. THROUGH THE INTERVENING
YEARS, OUR FAMILY HAS COMPLETED TWO MORE COMBAT DEPLOYMENTS TO
AFGHANISTAN WHILE WELCOMING OUR THIRD DAUGHTER, LILY, AND FINALLY OUR
SON, ALEXANDER JOHN, AJ, WHO IS WITH US HERE TODAY. WE ARE ALL VERY
PROUD OF THEM AS A MILITARY FAMILY AND LOVE THEM ALL DEARLY AS WE -- AS
WE RAISE THEM WITH THE CHARACTER AND HONOR THAT ALL AMERICANS DREAM
OF FOR THEIR POSTERITY. ALONG THE WAY WE EVEN ACQUIRED OUR BEAGLE,
SPARKLE, WHO HOPEFULLY WILL BE HERE SOON FOR ANIMAL ADVOCACY DAY.
NOW, AS A MILITARY SPOUSE, MEGAN HAS BEEN HONORED
FOR HER SERVICE AND LEADERSHIP WITH OTHER MILITARY SPOUSES AND THEIR
FAMILIES WHO, LIKE HER, HAVE KEPT OUR MILITARY STRONG OVER THE YEARS.
4
NYS ASSEMBLY MAY 13, 2019
SHE HAS BEEN THERE AND DONE THAT, AND I CAN TELL YOU IS STRONG AND
PURPOSEFUL AND RESOLUTE AND RESILIENT. SHE IS NOT A MARINE WIFE; SHE IS
THE WIFE OF A MARINE AND A SUCCESSFUL BUSINESS WOMAN TO BOOT. I WANT
TO THANK HER PUBLICLY FOR ALL SHE HAS DONE FOR OUR MILITARY FAMILIES OVER
THE YEARS, AND ASK THAT WE RESOLVE TODAY TO RECOGNIZE OUR MILITARY
SPOUSES AND APPRECIATE THEM, WHOM SHE IS SO ABLY REPRESENTING HERE
TODAY. SHE PER -- PERSONIFIES THE MOTTO OF THE UNITED STATES MARINE
CORPS, SEMPER FIDELIS, WHICH MEANS "ALWAYS FAITHFUL."
MR. SPEAKER, IF YOU COULD PLEASE WELCOME HER TO OUR
PEOPLE'S ASSEMBLY AND GIVE HER THE COURTESIES OF THIS HOUSE, I WOULD
GRATEFULLY APPRECIATE IT VERY MUCH. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SMULLEN, THE SPEAKER AND ALL THE MEMBERS, MEGAN, AJ, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU BOTH THE PRIVILEGES OF THE FLOOR. LET ME SAY THIS: I RAN INTO YOUR
HUSBAND ON THE ELEVATOR THIS MORNING AND HE TOLD ME THAT YOU WERE
COMING HERE, AND HE FILLED THE ELEVATOR UP WITH THE JOY THAT HE HAS. SO
I KNOW THAT ALL THESE WORDS ARE SINCERE AND FROM HIS HEART. THANK YOU
SO VERY MUCH. WE ARE ALWAYS PLEASED TO HAVE YOU.
(APPLAUSE)
MS. DICKENS.
MS. DICKENS: THANK YOU, MR. SPEAKER, AND THANK
YOU FOR ALLOWING ME TO INTERRUPT TODAY'S PROCEEDINGS. I WOULD LIKE TO
INTRODUCE ADVOCATES OF FALUN DAFA, A CHINESE PRACTICE THAT HAS FACED
OPPRESSION AND PERSECUTION SINCE THE EARLY 1990S. THESE TIRELESS
5
NYS ASSEMBLY MAY 13, 2019
SUPPORTERS CONTINUE TO SERVE THEIR COMMUNITIES AND STAND UP FOR WHAT
THEY BELIEVE IN. I WANT TO RECOGNIZE THEIR LEADER, MR. LI HONGZHI, FOR
THE SPIRITUAL PRACTICE THAT HE HAS ADHERED TO AND TAUGHT HIS FOLLOWERS OF
FALUN GONG. PLEASE, WILL YOU PRESENT THE PRIVILEGES AND CORDIALITIES OF
THE HOUSE TO THIS GROUP? THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. DICKENS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY, TO THE PEOPLE'S HOUSE. WE
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR SHARING THIS
DAY WITH US, SHARING YOUR BELIEFS WITH US. AND SOME OF YOU I SEE
ALMOST EVERY DAY IN THE HALLS OF THIS HOUSE. HAPPY TO HAVE YOU HERE.
THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. MCDONALD.
MR. MCDONALD: THANK YOU, MR. SPEAKER. AS
YOU KNOW, AS OUR -- OUR LEADER MENTIONED EARLIER, YESTERDAY WAS
MOTHER'S DAY. AND PAST TRADITION HAS IT HERE IN THE NEW YORK STATE
ASSEMBLY, WE WELCOME THE BLUE STAR FAMILIES HERE AS WE WILL BE
PASSING A RESOLUTION SHORTLY, DECLARING MAY 13TH AS BLUE STAR FAMILIES
DAY HERE IN NEW YORK STATE. I WOULD LIKE TO JUST BRIEFLY INTRODUCE THE
INDIVIDUALS WHO ARE HERE TODAY: THE PRESIDENT OF THE ORGANIZATION,
DONNA VICKERY; VIETNAM VETERAN ROLAND ABARE; MARY MILLER, THE
RECORDING SECRETARY; ELIZABETH CHAUVOT; RUSSELL CHAUVOT, AN ARMY
VETERAN; LAURA RIVERA; JULIO RIVERA; MIRIAM PARMELEE; STEPHANIE
STEWART; ANYATA WILLIAMS; DIANA ALLEN, DAVID ALLEN; AND ALLAN
6
NYS ASSEMBLY MAY 13, 2019
MORANCIE.
BLUE STAR MOTHERS OF AMERICA IS A NON-PROFIT
ORGANIZATION THAT PROVIDES SUPPORT FOR FAMILIES WHO HAVE SONS OR
DAUGHTERS IN ACTIVE SERVICE IN THE U.S. ARMED SERVICES. ORIGINALLY
FORMED DURING WORLD WAR II, THE GROUP'S NAME COMES FROM THE CUSTOM
OF FAMILIES OF SERVICEMEN HANGING A BANNER CALLED A "SERVICE FLAG" IN
THE WINDOW OF THEIR HOMES. THE SERVICE FLAG HAD A STAR FOR EACH
MEMBER OF THE FAMILY WHO WAS SERVING IN THE MILITARY. BLUE STAR
FAMILIES PROVIDE BOTH VIRTUAL AND ON-THE-GROUND RESOURCES AND SUPPORT
TO OUR MILITARY FAMILIES. THIS SUPPORT EXTENDS TO MILITARY FAMILIES OF
ALL STRIPES; CAREGIVERS, ACTIVE DUTY, RESERVE, NATIONAL GUARD AND
VETERANS. BLUE STAR FAMILIES ALSO SEEK TO ENGAGE CIVILIANS IN A
DIALOGUE AMONG THE SACRIFICES MILITARY FAMILIES MAKE ON BEHALF OF THEIR
COUNTRY.
ON BEHALF OF MY COLLEAGUES, MR. ASHBY, MEMBER
FAHY, MEMBER WOERNER, MR. SPEAKER, I WOULD ASK THAT YOU PLEASE
EXTEND THE CORDIALITIES OF THE HOUSE TO THESE FINE, FINE PEOPLE. THANK
YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. MCDONALD, MR. ASHBY, MS. FAHY - WHO ELSE DID YOU MENTION -
MS. WOERNER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
BLUE STAR FAMILIES HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE SUPPORT THAT YOU'RE
GIVING NOT ONLY YOUR FAMILIES, BUT ALL FAMILIES WHO ARE -- HAVE
MEMBERS SERVING. CONTINUE THAT GREAT WORK. YOU ARE ALWAYS WELCOME
7
NYS ASSEMBLY MAY 13, 2019
HERE. THANK YOU.
(APPLAUSE)
MR. SAYEGH FOR AN INTRODUCTION.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
I STAND BEFORE MY COLLEAGUES TODAY. TODAY IS A DAY WHEN WE WILL
ADOPT A RESOLUTION IN MEMORY OF THE LATE LEONARD SPANO. LEONARD
SPANO WAS A PIONEER IN THE CITY OF YONKERS IN WESTCHESTER COUNTY.
AND IT IS THE SENSE OF LEGISLATIVE BODY THAT WE RECOGNIZE THE CHARACTER
OF LIFE AND TO ENRICH THOSE THAT ARE FAITHFUL AND CARING, AND FOR THEIR
EFFORTS AND DEVOTION TO LIFE AND TO PUBLIC SERVICE. LEONARD SPANO WAS
SOMEONE WHO WAS WORTHY OF THIS SPECIAL RECOGNITION. BEING A
YONKERS RESIDENT FOR OVER 60 YEARS AND FROM MY VERY EARLY DAYS OF
INVOLVEMENT, I'VE ALWAYS KNOWN LEONARD SPANO TO BE A GIANT IN PUBLIC
SERVICE IN THE COMMUNITY. LEONARD WAS BORN IN YONKERS IN THE
SOUTHWEST PORTION, WHERE THE IMMIGRANTS WHO CAME FROM ITALY AND
CAME FROM OTHER PARTS OF THE WORLD SETTLED DOWN. THEY WORKED HARD.
LEONARD SPANO MANY YEARS AGO, BEFORE REFRIGERATION, DEALT WITH
DELIVERING ICE AND LATER ON DEVELOPED AND IMPLEMENTED THE SPANO FUEL
INDUSTRY [SIC] IN THE CITY OF YONKERS AND, REALLY, THROUGH MANY PARTS OF
THE COUNTY. LEONARD WAS BORN IN 1930, AT A VERY EARLY AGE ENLISTED IN
THE U.S. MARINES CORPS, FOUGHT IN KOREA, HAD AN HONORABLE DISCHARGE.
LEONARD WAS MARRIED TO HIS WIFE, JOSEPHINE SCOTT, WHO IS HERE WITH US,
AND THEY WERE MARRIED 66 YEARS AND THEY HAD 16 CHILDREN. WHEN YOU
TALK ABOUT FAMILY VALUES AND TRADITIONS, LEONARD SPANO WAS TRULY AN
INDIVIDUAL THAT SET THE STANDARD. AND MANY FAMILIES IN OUR COMMUNITY
8
NYS ASSEMBLY MAY 13, 2019
LOOKED TO THE SPANO FAMILY AND LOOKED TO THE IDEALS OF TRADITION AND
CHURCH AND COMMUNITY SERVICE AND PUBLIC SERVICE. LEONARD SPANO, AS
A BUSINESSMAN, RECOGNIZED THE IMPORTANCE OF BEING INVOLVED IN HIS
COMMUNITY. HE WAS INVOLVED FOR 58 YEARS; 34 YEARS OF THE 58 WERE AS
AN ELECTED OFFICIAL, HAVING SERVED IN THE WESTCHESTER COUNTY BOARD OF
SUPERVISORS, THE WESTCHESTER COUNTY BOARD OF LEGISLATORS, AND HAD
SERVED AS THE WESTCHESTER COUNTY CLERK. DURING THOSE YEARS, HE NOT
ONLY SERVED HIMSELF, BUT MOTIVATED AND ENCOURAGED COUNTLESS
INDIVIDUALS TO GET INVOLVED IN THE PROCESS. MORE IMPORTANT, HIS
CHILDREN. HIS CHILDREN, CONSISTING OF OUR FORMER COLLEAGUE IN THE
ASSEMBLY AND FORMER STATE SENATOR, NICK SPANO, SERVED FOR MANY
YEARS IN THIS HOUSE ALONG WITH HIS SON, MICHAEL, WHO SERVED AS
ASSEMBLYMAN IN THIS CHAMBER FOR MANY YEARS WITH MANY COLLEAGUES;
AND HIS SON, VINCENT, WHO IS THE CITY CLERK, AND THE MANY FAMILY
MEMBERS THAT SERVED IN LAW ENFORCEMENT, SERVED ON GOVERNMENT
AGENCIES, SERVED IN EDUCATION, SERVED IN OTHER AREAS THAT ARE
INSTRUMENTAL TO THE DEVELOPMENT OF OUR ECONOMIC BASE. I AM PROUD
THIS MORNING TO STATE THAT THE SPANO FAMILY, AND LEONARD SPANO IN
PARTICULAR, HAVE REALLY SET THEIR MARK ON YONKERS, ON WESTCHESTER
COUNTY, ON THE STATE OF NEW YORK AND ON THE NATIONAL LEVEL THROUGH
THEIR HARD WORK AND THEIR DEDICATION AND THEIR RESPECT FOR CIVIC
INVOLVEMENT.
I'D LIKE, MR. SPEAKER, TO EXTEND A SPECIAL COURTESY AND
RECOGNIZE MRS. LEONARD SPANO, JOSEPHINE, WHO'S HERE WITH US THIS
MORNING, ALONG WITH YONKERS MAYOR MIKE SPANO, SENATOR NICK AND
9
NYS ASSEMBLY MAY 13, 2019
LINDA SPANO, TONY AND EVA SPANO, ELEANORE SPANO, ROSEMARY (SIC)
GANNON, VICTORIA SPANO, GERARD SPANO, AND JUNIA NICOLE, MAUREEN
CRONI, DENISE DISIACKLE.
LET'S GIVE THEM A ROUND OF APPLAUSE, ALONG WITH
LEONARD G. SPANO, FOR THEIR SERVICE AND FOR RECOGNITION AND OF
OUTSTANDING CITIZEN THAT WE WILL PRESENT AND ADOPT A RESOLUTION IN HIS
HONOR LATER THIS MORNING.
ACTING SPEAKER AUBRY: CERTAINLY, SIR. ON
BEHALF OF MR. SAYEGH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME
THE SPANO FAMILY HERE FOR THIS PARTICULAR DAY FOR HONORING YOUR
PATRIARCH. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. YOU'RE FORMER
MEMBERS AND YOUR FAMILY, SO THEY ALWAYS HAVE THE PRIVILEGES OF THE
FLOOR. AND AS A FAMILY, YOU DO. WE WISH YOU WELL, AND COMMEND YOU
ON THE WORK THAT YOU'RE DOING TO PRESERVE AND KEEP YONKERS A STRONG
CITY. THANK YOU SO VERY MUCH FOR BEING HERE.
(APPLAUSE)
MR. RAMOS FOR AN INTRODUCTION.
MR. RAMOS: MR. SPEAKER, I RISE FOR THE PURPOSE OF
AN INTRODUCTION; AN INTRODUCTION THAT I'M PARTICULARLY PROUD OF. I HAVE
A GROUP OF FAMILIES FROM MY DISTRICT - MEN, WOMEN AND THEIR CHILDREN
ALL COMING ON BEHALF OF TWO ORGANIZATIONS, THE NEW YORK CLU, CIVIL
LIBERTIES UNION, THE SUFFOLK COUNTY CHAPTER; AND THE -- THE LONG
ISLAND PARENT LEADERSHIP INSTITUTE. THIS PARTICULAR GROUP HAS COME UP
HERE TO ENGAGE IN THE PROCESS AND TO TEACH THEIR FAMILIES. THEY FEEL
THAT THEY ARE PART OF A BIGGER CALLING, AND THEIR CHILDREN SHOULD BE
10
NYS ASSEMBLY MAY 13, 2019
RAISED LEARNING ABOUT GOVERNMENT, KNOWING WHO THEIR ELECTED OFFICIALS
ARE, AND UNDERSTANDING HOW GOVERNMENT AFFECTS THEM AND WHAT THEY
HAVE TO DO TO PROMOTE POSITIVE CHANGE FOR THEIR FAMILIES AND FOR THEIR
COMMUNITY.
SO, MR. SPEAKER, I ASK YOU TO PLEASE EXTEND THEM A
WARM WELCOME AND PLEASE EXTEND THEM ALL THE COURTESIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. RAMOS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
FAMILIES HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR, HOPE THAT YOU WILL ENJOY YOUR TIME IN ALBANY.
GLAD THAT YOU HAVE BEEN ABLE TO JOIN US ON THIS DAY. THANK YOU SO
VERY MUCH.
(APPLAUSE)
MS. FAHY FOR THE PURPOSES OF AN INTRODUCTION.
MS. FAHY: THANK YOU, MR. SPEAKER. AND I ASK,
AGAIN, THANK YOU INTERRUPT THE PROCEEDINGS FOR AN INTRODUCTION. AND
TODAY I'M VERY HONORED TO RECOGNIZE THAT MAY IS HUNTINGTON'S DISEASE
AWARENESS MONTH, AND TO THANK PAT SCHULER AND A NUMBER -- ALAN
PFEFFER AND A -- AND A HOST OF WONDERFUL, WONDERFUL ADVOCATES FROM THE
ALBANY CHAPTER OF HUNTINGTON'S DISEASE SOCIETY OF AMERICA FOR
SERVING AS VERY TIRELESS, TIRELESS ADVOCATES. HUNTINGTON'S DISEASE, AS
YOU KNOW, MR. SPEAKER, IS A DEVASTATING HEREDITARY DEGENERATIVE BRAIN
DISORDER FOR WHICH THERE IS PRESENTLY NO EFFECTIVE TREATMENT OR CURE.
CURRENTLY, MORE THAN A QUARTER OF A MILLION AMERICANS HAVE THE
DIAGNOSIS THAT IS HUNTINGTON'S DISEASE AND -- OR ARE AT RISK OF INHERITING
11
NYS ASSEMBLY MAY 13, 2019
IT FROM AN AFFECTED PARENT. THE ALBANY AFFILIATE OF THE HUNTINGTON'S
DISEASE SOCIETY OF AMERICA WAS FORMED IN 2011 WITH A MISSION OF
BRINGING AWARENESS TO THE PUBLIC, AS WELL AS RAISING FUNDS FOR RESEARCH
AND EDUCATION. IT'S IMPERATIVE THAT THE GREATER PUBLIC AWARENESS OF
HUNTINGTON'S DISEASE BE -- BE RAISED AND THAT MORE BE DONE TO INCREASE
THE LOCAL, STATE AND NATIONAL LEVELS TO SUPPORT THOSE AFFLICTED, AS WELL AS
THEIR FAMILIES, AS WELL AS THEIR CAREGIVERS.
MR. SPEAKER, AGAIN, I ASK THAT YOU GRANT THIS -- THESE
WONDERFUL ADVOCATES THE CORDIALITIES OF THE HOUSE AND GIVE THEM AN
EXTENDED WARM WELCOME. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. FAHY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE
TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE
FLOOR. OUR THANKS AND CONGRATULATIONS FOR THE WORK THAT YOU'RE DOING
TO HELP THOSE AFFLICTED WITH THIS PARTICULAR DISEASE. CONTINUE THAT GREAT
WORK. WE WILL ALWAYS APPRECIATE THAT, AND YOU ARE ALWAYS WELCOME
HERE. THANK YOU.
(APPLAUSE)
MR. SAYEGH.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
I'D LIKE AT THIS TIME TO RECOGNIZE AND INTRODUCE PATRICIA BENSBURG, AND
ROBERT BENSBURG. PATRICIA IS A DEMOCRAT STATE LEADER, 11TH WARD
LEADER IN THE CITY OF YONKERS FOR MANY YEARS. HER SON, ROBERT
BENSBURG BETTERMAN FROM MAHOPAC, LIEUTENANT COLONEL, U.S. ARMY,
SERVED IN BOSNIA, IRAQ AND AFGHANISTAN. PATRICIA BENSBURG IS A
12
NYS ASSEMBLY MAY 13, 2019
YONKERS RESIDENT, ACTIVE IN HER COMMUNITY, AND HER SON, RETIRED
COLONEL OF VETERAN AFFAIRS IS HERE WITH US, AND THE GRANDSON, ROBERT,
JR., IS ALSO PRESENTLY AN INTERN WITH ASSEMBLYMAN BYRNES.
SO ON BEHALF OF ASSEMBLY [SIC] BYRNES AND I, WE
WOULD LIKE TO WELCOME PATRICIA AND ROBERT BENSBURG TO THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SAYEGH, MR. BYRNES, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME THIS DISTINGUISHED FAMILY HERE TO THE NEW YORK STATE
ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. SIR,
CONGRATULATIONS TO YOU, AND THANKS FOR THE SERVICE THAT YOU HAVE
PROVIDED THIS COUNTRY. CONTINUE TO DO THAT, CONTINUE TO HOLD UP THIS
COUNTRY'S STANDARDS. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. SCHMITT FOR AN INTRODUCTION.
MR. SCHMITT: HAPPY MONDAY, MR. SPEAKER.
ACTING SPEAKER AUBRY: HAPPY MONDAY.
MR. SCHMITT: I RISE TO INTRODUCE ONE OF MY
PREDECESSORS IN THE 99TH ASSEMBLY DISTRICT, A FORMER COLLEAGUE MANY
WILL REMEMBER, ASSEMBLYWOMAN NANCY CALHOUN. SHE IS UP HERE THIS
AFTERNOON, THIS EVENING, FOR THE ANNUAL PILOT'S DINNER. SHE SERVED IN
THIS CHAMBER FROM 1990 - THE YEAR I WAS BORN - UNTIL 2012.
MS. NANCY CALHOUN: THAT MAKES ME OLD.
MR. SCHMITT: THAT MAKES ME YOUNG.
(LAUGHTER)
AND SHE'S STILL VERY DISTINGUISHED WITHIN OUR
13
NYS ASSEMBLY MAY 13, 2019
COMMUNITY, INVOLVED IN NUMEROUS COMMUNITY ACTIVITIES. AND I KNOW
ONE OF HER PROUDEST TITLES IS MOTHER AND GRANDMOTHER, WHERE SHE -- SHE
CONTINUALLY SERVES, YOU KNOW, THE COMMUNITY THROUGH HER CHILDREN,
GRANDCHILDREN AND ALL THE OTHER ACTIVITIES WITH HER LOVING HUSBAND.
WE'RE SO GLAD TO HAVE HER HERE IN THE CHAMBER, I HOPE YOU WELCOME
HER BACK.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SMITH [SIC], THE SPEAKER AND ALL THE MEMBERS, NANCY, CERTAINLY
GOOD TO SEE YOU. AS A FORMER MEMBER, YOU ALWAYS HAVE PRIVILEGES OF
THE FLOOR. WE'RE SO HAPPY TO SEE YOU. WE'RE TRYING NOT TO DO SO MANY
TAX ADD-ONS JUST BECAUSE OF YOU, AND WE THINK MR. SMITH [SIC] WILL
BECOME MORE A POLISHED AMBASSADOR WHEN HE REALIZES HE SHOULDN'T
EXPOSE AGE WHEN HE'S INTRODUCING. SO WE HOPE THAT YOU WILL ENJOY
YOUR DAY. WE'LL SEE YOU TONIGHT FOR THE FESTIVITIES. THANK YOU SO VERY
MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD NOW GO TO RESOLUTIONS ON PAGE 3, FOLLOWED BY THE MAIN CALENDAR
ON PAGE 4, WE'RE GOING TO START AT CALENDAR NO. 272 AND CONTINUE ON,
MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. PAGE 3,
RESOLUTIONS, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 375, MRS.
BARRETT.
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NYS ASSEMBLY MAY 13, 2019
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 10, 2019, AS MILITARY SPOUSE
APPRECIATION DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 376, MR.
MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 13, 2019, AS BLUE STAR FAMILIES'
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 377, MS.
JAFFEE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 12-18, 2019, AS WOMEN'S LUNG
HEALTH WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. JAFFEE ON THE
RESOLUTION.
MS. JAFFEE: THANK YOU, MR. SPEAKER. WOMEN'S
LUNG HEALTH WEEK CELEBRATES AND HONORS THE POWER OF WOMEN WHO
STAND UNITED TO FIGHT LUNG CANCER, AS WELL AS OTHER LUNG DISEASES
INCLUDING ASTHMA, CHRONIC PULMONARY DISEASE [SIC], PULMONARY
15
NYS ASSEMBLY MAY 13, 2019
HYPERTENSION AND PULMONARY FIBROSIS. ALTHOUGH SMOKING RATES HAVE
DROPPED SIGNIFICANTLY OVER THE LAST TWO DECADES, THE LUNG CANCER DEATH
RATE IN WOMEN HAS MORE THAN DOUBLED, DOUBLED OVER THE LAST 35 YEARS.
LUNG CANCER IS THE NUMBER ONE CANCER KILLER OF WOMEN IN NEW YORK
AND THE UNITED STATES. EVERY FIVE MINUTES A WOMAN IN THE UNITED
STATES IS TOLD SHE HAS LUNG CANCER. WHILE SMOKING INCREASES YOUR RISK
OF DEVELOPING LUNG CANCER, ANYONE CAN BE -- HAVE LUNG CANCER. LUNG
CANCER KILLS ALMOST TWICE AS MANY WOMEN AS ANY OTHER CANCER. AND
YET ACCORDING TO THE AMERICAN LUNG ASSOCIATION'S INAUGURAL WOMEN'S
LUNG HEALTH BAROMETER, A SURVEY OF OVER 1,000 AMERICAN WOMEN AGE
18 THAT MEASURES WOMEN'S AWARENESS AND KNOWLEDGE AND PERCEPTIONS
OF LUNG CANCER, THIS DISEASE IS NOT EVEN ON WOMEN'S RADAR. SO LET'S PUT
AN END TO WHAT THE ALA HAS CALLED A "SILENT EPIDEMIC." WORKING
TOGETHER THROUGH ADVOCACY AND EDUCATION, WE CAN RAISE AWARENESS.
TODAY WE STAND TOGETHER AGAINST LUNG CANCER AND FOR LUNG HEALTH.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU MA'AM.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 378, MS.
FAHY.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY, 2019, AS HUNTINGTON'S DISEASE
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
16
NYS ASSEMBLY MAY 13, 2019
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 379, MS.
ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY, 2019, AS BE KIND TO ANIMALS
MONTH 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.
PAGE 4, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00029-A, CALENDAR
NO. 272, L. ROSENTHAL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO REQUIRING THE ANCHORING OF FURNITURE AND ELECTRONICS IN CHILD
DAY CARE CENTERS AND CERTAIN OTHER FACILITIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORD THE VOTE.)
FIRST VOTE OF THE DAY, MEMBERS. IF YOU ARE IN THE
CHAMBER, PLEASE VOTE NOW. IF YOU'RE IN THE SOUND OF OUR VOICE, PLEASE
COME IN THE CHAMBER AND VOTE. THANK YOU VERY MUCH.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
17
NYS ASSEMBLY MAY 13, 2019
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD JUST DO A LITTLE CHANGE HERE. WE'RE GOING TO DO A BILL THAT WAS
RECALLED AND AMENDED. IT'S IN RULES -- IT'S RULES REPORT NO. 40 AND IT'S
ON PAGE 13. SO IF WE CAN GO TO THAT ONE NOW, MR. SPEAKER, AND THEN
COME BACK TO PAGE 4 AT 273.
ACTING SPEAKER AUBRY: CERTAINLY.
THE CLERK WILL READ. PAGE 13, RULES REPORT NO. 40.
THE CLERK: ASSEMBLY NO. A04950-B, RULES
REPORT NO. 40, MAGNARELLI, LUPARDO, THIELE, SIMON, GALEF, STIRPE,
PICHARDO, D'URSO, MCDONALD, PAULIN, SANTABARBARA, ENGLEBRIGHT, FALL,
SAYEGH, GOTTFRIED, GLICK, GRIFFIN, JAFFEE, DENDEKKER, LIPETRI, PHEFFER
AMATO, TAYLOR, WEPRIN, HYNDMAN, ARROYO, RAMOS, FAHY, ORTIZ,
DINOWITZ, FERNANDEZ. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,
IN RELATION TO SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS AND
OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR A SCHOOL BUS
DISPLAYING A RED VISUAL SIGNAL; TO AMEND THE GENERAL MUNICIPAL LAW,
IN RELATION TO JURISDICTION AND PROCEDURE; TO AMEND THE PUBLIC OFFICERS
LAW, IN RELATION TO CERTAIN PHOTOGRAPHS, VIDEOTAPES OR OTHER RECORDED
IMAGES; TO AMEND THE EDUCATION LAW, IN RELATION TO AUTHORIZING SCHOOL
DISTRICTS TO ENTER INTO AGREEMENTS WITH MUNICIPALITIES FOR THE
INSTALLATION AND USE OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS;
AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION
18
NYS ASSEMBLY MAY 13, 2019
THEREOF.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. MAGNARELLI. EXCUSE ME, BY MR. MAGNARELLI'S SEAT,
EXCUSE ME, STAFF. YOU'RE GOING TO HAVE TO GET AWAY. SHH. WE ARE ON
DEBATE, MEMBERS. PAY RESPECT TO YOUR COLLEAGUES.
PROCEED, MR. MAGNARELLI.
MR. MAGNARELLI: THE BILL BEFORE US REFLECTS A
FINAL AGREEMENT WITH THE SENATE ON A BILL AUTHORIZING SCHOOL BUS
CAMERA DEMONSTRATION PROGRAMS THROUGHOUT THE STATE. IT MAKES A
NUMBER OF AMENDMENTS TO THE ORIGINAL BILL, INCLUDING THE SUNSET WAS
EXTENDED FOR A YEAR TO FIVE YEARS. WE GRADUATED FINES FOR ADDED OR
REPEAT OFFENDERS. MUNICIPALITIES WILL BE DIRECTED TO SHARE THEIR
PROGRAM ANNUAL REPORTS. THE EFFECTIVE MUNICIPAL FAILURE TO PAY A
SCHOOL DISTRICT'S COST WAS CLARIFIED, LANGUAGE RELATING TO THE PLACEMENT
OF SIGNS WAS CLARIFIED. AND IF A MUNICIPALITY DECIDED OR A SCHOOL
DISTRICT DECIDED TO WITHDRAW FROM AN AGREEMENT, 20 DAYS PRIOR NOTICE
TO THE OTHER SIGNATORIES OF THE AGREEMENT WOULD BE REQUIRED.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
MAGNARELLI?
MR. MAGNARELLI: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. MAGNARELLI. FIRST,
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NYS ASSEMBLY MAY 13, 2019
I WANT TO COMMEND YOU FOR ADDRESSING THE ISSUE OF SCHOOL BUS SAFETY.
IT'S JUST ASTOUNDING TO ME - AND AS I'M SURE YOU ARE, AS THE SPONSOR - THE
NUMBER OF VEHICLES THAT PASS BY A SCHOOL BUS THAT'S STOPPED. AND
WHEN A VEHICLE PASSES BY A STOPPED SCHOOL BUS, IT CREATES A REAL SERIOUS
ISSUE, A SAFETY ISSUE, FOR THE STUDENTS. SO I UNDERSTAND THE THRUST AND
PURPOSE OF PUTTING ON CAMERAS ON SCHOOL BUSES IS TO HELP DOCUMENT
THAT VIOLATION AND, HOPEFULLY, ACHIEVE A MUCH HIGHER LEVEL OF
COMPLIANCE. SO I WANT TO THANK YOU FOR FOCUSING ON THIS SERIOUS ISSUE.
I DID HAVE SOME CONCERNS ON THE ACTUAL LANGUAGE. AS
THEY SOMETIMES SAY, "THE DEVIL'S IN THE DETAILS."
MR. MAGNARELLI: ABSOLUTELY.
MR. GOODELL: SO I WANTED TO ASK YOU A LITTLE BIT
ABOUT SOME OF THE LANGUAGE. LOOKING AT PAGE -- LOOKING AT PAGE 34 OF
YOUR BILL, THE BILL IS VERY CLEAR THAT THESE CAMERAS ARE TO BE DESIGNED
AND AIMED IN A WAY TO, QUOTE, "PROTECT THE PRIVACY OF THE DRIVERS."
NOW, THESE WOULD BE THE DRIVERS OF THE CARS, PRESUMABLY, THAT ARE
VIOLATING THE STOPPED SCHOOL BUS REQUIREMENT. WHY IS IT WE WANT TO
PROTECT THE PRIVACY OF THE ACTUAL DRIVER WHO IS ENGAGING IN THIS VERY
DANGEROUS AND ILLEGAL ACTIVITY?
MR. MAGNARELLI: BECAUSE -- YES. BECAUSE THE
LIABILITY GOES TO THE OWNER OF THE VEHICLE, NOT NECESSARILY THE DRIVER.
MR. GOODELL: WELL, ONE OF THE AMENDMENTS TO
THIS BILL INCREASED THE AMOUNT OF THE FINE TO $250 FOR THE FIRST VIOLATION,
BUT PROVIDES THAT A DEFENSE FOR THE OWNER OF THE VEHICLE IS THAT THE
OWNER WASN'T ACTUALLY DRIVING THE VEHICLE.
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NYS ASSEMBLY MAY 13, 2019
MR. MAGNARELLI: RIGHT.
MR. GOODELL: WOULDN'T A PICTURE SHOWING THE
ACTUAL IDENTITY OF THE DRIVER BE HELPFUL NOT ONLY IN -- IN AN ACTION BY THE
INNOCENT OWNER, BUT ALSO TO PIN LIABILITY ON THE PERSON WHO IS ACTUALLY
DRIVING IN A DANGEROUS MANNER?
MR. MAGNARELLI: WELL, I THINK YOU CAN -- YOU'LL
BE ABLE TO PROVE THAT IN OTHER WAYS, ESPECIALLY IF THE OWNER IS TRYING TO
PROVE HE WASN'T THE DRIVER.
MR. GOODELL: BUT EITHER WAY, HAVING THE IDENTITY
OF THE DRIVER CAPTURED ON THE -- ON THE PICTURE, WOULD BE HELPFUL TO
IDENTIFY WHO IS DRIVING UNSAFELY, AS WELL AS PROVIDING A DEFENSE IF IT'S
NOT THE OWNER.
MR. MAGNARELLI: YEAH. I -- I THINK WE'RE
GETTING A LITTLE OFF THE POINT OF WHAT WE'RE TRYING TO DO. WE'RE JUST
TRYING TO TAKE A PICTURE OF THE LICENSE PLATE. THAT'S WHAT WE'RE GOING
AFTER. WE'RE NOT LOOKING INTO THE CAR, WE'RE NOT LOOKING AT THE DRIVER,
WE'RE NOT LOOKING AT PASSENGERS. WE'RE JUST TAKING A PICTURE OF THE
LICENSE. THAT'S WHAT WE'RE GOING AFTER.
MR. GOODELL: NOW, ONE OF THE OTHER INTERESTING
PROVISIONS IN THIS BILL IS THAT IT'S VERY CLEAR THAT YOU COULD NOT USE THESE
CAMERAS IN ANY WAY AND ANY PROCEEDING INVOLVING THE SCHOOL BUS
DRIVER. IS THAT CORRECT?
MR. MAGNARELLI: THAT'S CORRECT, YES.
MR. GOODELL: BUT ISN'T THE SCHOOL BUS DRIVER OUR
FIRST LEVEL OF SAFETY FOR OUR YOUNG CHILDREN? AND DON'T WE WANT TO BE
21
NYS ASSEMBLY MAY 13, 2019
THERE, BEING ABLE TO LOOK AT THESE PICTURES TO MAKE SURE THAT THE SCHOOL
BUS DRIVER PROPERLY STOPPED, MAY HAVE PROPERLY PUT ON THOSE FLASHING
LIGHTS, AND OTHERWISE COMPLIED WITH THE SAFETY PROCEDURES THAT ARE SO
IMPORTANT TO HEALTH OF OUR -- AND THE LIVES OF OUR CHILDREN?
MR. MAGNARELLI: AGAIN, WE'RE GETTING OFF OF THE
-- THE -- WHAT THIS BILL IS ABOUT. THIS BILL IS ABOUT STOPPING PEOPLE FROM
PASSING A SCHOOL BUS. THERE ARE CAMERAS ALREADY, MANY CAMERAS,
INSIDE THE SCHOOL BUSES. AS A MATTER OF FACT, IN A DISTRICT JUST OUTSIDE OF
THE NORTHERN PART MY DISTRICT THIS PAST WEEKEND, IF YOU WERE IN MY AREA
YOU WOULD HAVE SEEN AN VIDEO OF A BUS DRIVER PULLING A YOUNG BOY
BACK INTO THE BUS AS HE WAS TRYING TO GET OUT, BY HIS HOODIE, AND SEEING
A CAR GO BY ON THE RIGHT SIDE OF THE BUS. THAT HAPPENED WITHIN THE LAST
FIVE DAYS. AND THAT BUS DRIVER HAS BEEN COMMENDED, OBVIOUSLY, FOR
WHAT SHE DID. BUT THE BOTTOM LINE IS, IT WAS ALL RECORDED. THERE'S
NOTHING IN HERE THAT STOPS A SCHOOL DISTRICT FROM PUTTING CAMERAS INSIDE
OF BUSES TO TAKE CARE OF WHATEVER THINGS THEY WANT TO TAKE A LOOK AT,
WHETHER IT'S THE BUS DRIVER OR THE CHILDREN OR WHATEVER. THERE'S
NOTHING STOPPING THAT FROM HAPPENING.
MR. GOODELL: WELL, AS YOU KNOW, A LOT OF
MUNICIPALITIES HAVE BEEN MOVING FORWARD WITH BODY CAMERAS, OR BODY
CAMS FOR POLICE OFFICERS. ALL PART OF AN EFFORT TO BE OPEN AND
TRANSPARENT WITH THE PUBLIC, BOTH TO MAKE SURE THAT THE OFFICERS ARE
PERFORMING THEIR DUTIES PROPERLY, BUT ALSO TO DOCUMENT IF THEY AREN'T.
SHOULDN'T WE USE THE SAME PRINCIPLE ON ALL THE CAMERAS, NOT JUST THE
ONES THAT ARE INSIDE THE SCHOOL BUS? SHOULDN'T WE ALLOW THE CAMERAS TO
22
NYS ASSEMBLY MAY 13, 2019
PICK UP WHAT'S GOING ON WITH THE SCHOOL BUS OPERATOR AS WELL?
MR. MAGNARELLI: WELL, I DON'T KNOW -- I DON'T
KNOW YOU -- WELL, I GUESS YOU COULD FIND A CAMERA THAT DOES THAT, BUT
AGAIN, THE FOCUS OF THIS CAMERA IS OUTSIDE THE SCHOOL BUS TO TAKE A
PICTURE OF A LICENSE PLATE OF A VEHICLE GOING BY IT. SO, IT'S -- IT'S A
TOTALLY DIFFERENT THING WE'RE LOOKING AT.
MR. GOODELL: NOW, ONE OF THE OTHER
REQUIREMENTS OF THIS BILL IS THAT THERE WILL BE ADEQUATE SIGNAGE WARNING
MOTORISTS THAT THERE MAY BE SCHOOL BUS CAMERAS IN EFFECT, RIGHT?
MR. MAGNARELLI: CORRECT.
MR. GOODELL: AND I'M LOOKING AT PAGE 34 AGAIN,
ON LINE 21 IT SAYS, THESE SIGNS ARE -- SHALL BE LOCATED, QUOTE, "AT EACH
ROADWAY ENTRANCE OF THE JURISDICTIONAL BOUNDARIES OF SUCH COUNTY, CITY,
TOWN OR VILLAGE GIVING THE NOTICE."
MR. MAGNARELLI: YES.
MR. GOODELL: SO IN MY COUNTY, JUST AS AN
EXAMPLE, WE HAVE 17 SCHOOL DISTRICTS. DO YOU ENVISION, THEN, SIGNAGE
ON BOTH THE ROADS -- I MEAN, LET'S SAY ALL 17 SIGN IN. ARE WE TALKING
ABOUT SIGNAGE ON EVERY SINGLE HIGHWAY IN MY COUNTY-- WITH THE
EXCEPTION OF EXPRESSWAYS THAT ARE EXCLUDED-- ON EVERY JURISDICTION FOR
ALL 17?
MR. MAGNARELLI: NO. WHAT -- WHAT WE'RE
TALKING ABOUT IS AS YOU ENTER THE COUNTY OR THE TOWN. IT'S AS YOU'RE
ENTERING, YOU'RE GOING TO BE -- YOU'RE GOING TO NOTIFY MOTORISTS THAT
THERE ARE SCHOOL BUS CAMERAS IN PLAY. BUT IT'S NOT --
23
NYS ASSEMBLY MAY 13, 2019
MR. GOODELL: IT DOES SAY --
MR. MAGNARELLI: -- IT'S NOT --
MR. GOODELL: -- AT EACH ROADWAY ENTRANCE OF --
MR. MAGNARELLI: ENTRANCE
MR. GOODELL: -- THE JURISDICTIONAL BOUNDARY, SO
IT'S --
MR. MAGNARELLI: ENTRANCE INTO THE BOUNDARY OF
THE MUNICIPALITY THAT HAS THE JURISDICTION OVER THE VEHICLES THAT ARE
BEING TICKETED.
MR. GOODELL: SO, IF IT WERE COUNTYWIDE, THEN IT
WOULD JUST BE THE COUNTIES.
MR. MAGNARELLI: IT WOULD BE THE COUNTY.
MR. GOODELL: BUT THIS ALSO ALLOWS IT TO BE DONE
ON A TOWN-BY-TOWN BASIS, CORRECT?
MR. MAGNARELLI: IT DOES.
MR. GOODELL: IN WHICH CASE, THEN, YOU WOULD
HAVE A SIGN AT EVERY ROADWAY ENTERING INTO EACH TOWN?
MR. MAGNARELLI: CORRECT.
MR. GOODELL: AND WHO PAYS FOR THE COST OF THAT
SIGNAGE?
MR. MAGNARELLI: WELL, I WOULD SAY THE COST
WOULD BE PAID FOR OUT OF THE FINES AS PART OF THE PROGRAM THAT'S BEING
IMPLEMENTED.
MR. GOODELL: I SEE. AND IS IT A DEFENSE TO A
MOTORIST THAT THE SIGN WAS MISSING?
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NYS ASSEMBLY MAY 13, 2019
MR. MAGNARELLI: NOT -- NOT TO MY KNOWLEDGE.
MR. GOODELL: WHEN WE GET HIGHER COMPLIANCE, IF
THE MOTORIST WASN'T SURE WHETHER THE SCHOOL BUS HAD A CAMERA OR NOT --
BECAUSE KEEP IN MIND, IF WE REQUIRE BY LAW THAT A SIGN WARN YOU WHEN
YOU'RE GOING INTO A JURISDICTION WHERE THERE'S CAMERAS, THE REVERSE IS
ALSO TRUE. THE LACK OF A SIGN IS TELLING YOU YOU DON'T NEED TO WORRY
ABOUT IT. WOULDN'T WE HAVE HIGHER COMPLIANCE IF WE DIDN'T REQUIRE
SIGNAGE AT EVERY SINGLE ROAD?
MR. MAGNARELLI: I THINK THIS IS JUST A -- A WAY
OF INFORMING THE PUBLIC OF NOT TO PASS A SCHOOL BUS. THAT'S THE -- THE
WHOLE FOCUS OF THIS BILL. IT'S NOT TO CATCH PEOPLE, IT'S NOT TO COLLECT
FINES. IT'S TO PROTECT THE CHILDREN THAT ARE ON THE BUSES.
MR. GOODELL: THANK YOU VERY MUCH, MR.
MAGNARELLI.
MR. MAGNARELLI: YOU'RE WELCOME.
MR. GOODELL: I APPRECIATE YOUR COMMENTS, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: AS I -- AS I MENTIONED IN MY
OPENING COMMENTS, I -- I THINK IT'S A GREAT IDEA TO DO EVERYTHING WE
REASONABLY CAN TO ENCOURAGE HIGHER COMPLIANCE WITH THE SCHOOL BUS
STOP SIGNS, BECAUSE IT'S SO DANGEROUS WHEN CARS GO FLYING BY A STOPPED
SCHOOL BUS THAT MAY BE RELEASING, YOU KNOW, KINDERGARTENERS AND SMALL
CHILDREN. AND SO I ABSOLUTELY COMMEND MY COLLEAGUE FOR HIS
25
NYS ASSEMBLY MAY 13, 2019
INITIATIVE. I AM CONCERNED ABOUT THE LANGUAGE, AS I MENTIONED, BECAUSE
I THINK WE'D GET A MUCH HIGHER LEVEL OF COMPLIANCE IF WE DIDN'T TELL
PEOPLE WHERE THEY HAD TO BE CAREFUL AND LET EVERYONE THINK THAT THEY
OUGHT TO BE CAREFUL EVERYWHERE. AND IN ADDITION TO SAVING LITERALLY
MILLIONS OF DOLLARS IN SIGNAGE - BECAUSE WE'RE TALKING ABOUT HUNDREDS
AND HUNDREDS OF SIGNS PER MUNICIPALITY IF IT'S ON A TOWN-BY-TOWN BASIS
- IN ADDITION TO SAVING THE MONEY, WE GET HIGHER COMPLIANCE. AND I
ALSO WOULD ENCOURAGE, IF WE HAVE AN OPPORTUNITY TO AMEND THIS IF IT
COMES BACK FROM THE GOVERNOR, THAT WE LOOK AT ALLOWING THE IMAGE TO
SHOW THE ACTUAL DRIVER, BECAUSE THE PERSON WE WANT TO STOP FROM
VIOLATING THIS IS THE ACTUAL DRIVER, NOT THE OWNER OF THE CAR WHO MAY NOT
BE IN THE CAR, BUT THE ACTUAL DRIVER. AND THIRD, AS I MENTIONED, THIS
CAMERA AND THE IMAGES OUGHT TO BE AVAILABLE FOR ALL SAFETY PURPOSES,
INCLUDING REVIEWING THE ACTIONS OF THE DRIVER. BOTH TO -- TO HELP
IMPROVE THE DRIVER'S ACTIONS, AS WELL AS DEFEND THE DRIVER IN THE EVENT
THAT THE MUNICIPALITY UNFORTUNATELY IS SUED, AS SOMETIMES IS THE CASE.
SO, WHILE I WILL BE SUPPORTING THIS BILL TODAY BECAUSE
OF ITS INTENT, I URGE MY SPONSOR AND MY COLLEAGUE TO CONSIDER MAKING
SOME OF THE AMENDMENTS TO MAKE IT MORE COST-EFFECTIVE AND MORE
EFFECTIVE ALL TOGETHER. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
26
NYS ASSEMBLY MAY 13, 2019
MAGNARELLI?
MR. MAGNARELLI: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. REILLY: THANK YOU, MR. MAGNARELLI. AS IN THE
PAST WITH THIS BILL WHEN IT CAME UP, I -- I FULLY -- I SUPPORT THE EFFORT.
AS I MENTIONED EARLIER DURING DEBATE DURING EARLIER IN THE SESSION, THIS
IS SOMETHING THAT I'VE -- I'VE BEEN ADVOCATING FOR FOR THE PAST DECADE AS
A MEMBER OF COMMUNITY EDUCATION COUNCIL 31. THE ONLY THING THAT --
QUESTION I HAVE IS WITH THE NEW AMENDMENTS TO THE BILL, IS THERE -- ARE
THE FUNDS FROM THE FINES BEING DESIGNATED FOR EDUCATIONAL PURPOSES?
MR. MAGNARELLI: NO, THEY'RE NOT. THEY'RE GOING
TO THE MUNICIPALITY INITIALLY, AND THEN THE MUNICIPALITY WILL REIMBURSE
THE SCHOOL DISTRICT FOR WHATEVER COST THE PROGRAM COST THE SCHOOL
DISTRICT. AFTER THAT, THEY'RE THE MUNICIPALITY'S FUNDS.
MR. REILLY: OKAY. SO LIKE -- SO LIKE IF NEW YORK
CITY IMPLEMENTS THE -- THE YELLOW SCHOOL BUS STOP ARM CAMERA THAT --
THAT -- THE MONEY RAISED FROM THOSE FINES WILL GO INTO THE GENERAL
FUND; MUCH LIKE OUR SPEED CAMERA -- SCHOOL ZONE SPEED CAMERAS, THE
FUNDS RAISED BY THE VIOLATIONS GO INTO THAT GENERAL FUND AND IT'S USED
TO PAY FOR THINGS THAT CAN BE ALL SORTS OF THINGS OUTSIDE OF EDUCATION,
PEDESTRIAN AND TRAFFIC SAFETY ISSUES. IS THERE -- IS THERE ANY WAY THAT
WE CAN CONSIDER ADDING AN AMENDMENT TO DESIGNATE THE FUNDS
GENERATED TO IMPROVE TRAFFIC SAFETY AND TO IMPROVE EDUCATION IN OUR
SCHOOLS? LIKE ADDING, MAYBE, SAFE ROUTES TO SCHOOLS FOR WALKERS,
MAYBE ADDING CROSSWALKS, THINGS OF THAT NATURE? WOULD YOU BE OPEN
27
NYS ASSEMBLY MAY 13, 2019
TO POSSIBLY AMENDING THAT?
MR. MAGNARELLI: WELL, I DON'T THINK WE'RE GOING
TO AMEND THIS BILL ANY FURTHER. YOU RAISE SOME VERY GOOD IDEAS THAT
MIGHT BE ABLE TO BE TAKEN UP IN THE FUTURE, BUT AS FAR AS RIGHT NOW I
DON'T THINK SO. I DON'T THINK WE'LL BE AMENDING THIS BILL AGAIN. AND
YOU'RE RIGHT. IT GOES IN THE GENERAL FUND, BUT THAT DOESN'T MEAN IT GOES
-- DOESN'T GO TO THE THINGS THAT YOU'VE ALLUDED TO AS WELL.
MR. REILLY: OKAY. THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. REILLY: SO, I -- I WOULD HOPE THAT US, AS A
BODY, AND OUR COLLEAGUES IN THE SENATE WILL SUPPORT THIS LEGISLATION. I
THINK IT'S A -- IT'S A POSITIVE THING TO PREVENT MOTORISTS FROM GOING PAST
STOPPED SCHOOL BUSES WITH THEIR LIGHTS FLASHING. IN MY OPINION, THERE'S
A BIG YELLOW BUS THAT ACTUALLY GIVES YOU A WARNING, AND THAT'S A GOOD
THING. AND YOU SHOULD STOP FOR IT. AND IF YOU ARE -- IF YOU DO VIOLATE
THAT LAW AND YOU GO PAST THAT STOPPED SCHOOL BUS AS THEY'RE LOADING AND
UNLOADING STUDENTS AND YOU ARE GIVEN THIS VIOLATION AND YOU PAY YOUR
FINE, I BELIEVE THAT SCHOOLS AND TRAFFIC AGENCIES IN THOSE MUNICIPALITIES
SHOULD HAVE THOSE FUNDS DESIGNATED TO THEM. WE SHOULD NOT BE ABLE TO
SUPPLANT FUNDING. WE SHOULD BE SUPPLEMENTING THAT FUNDING FOR OUR
EDUCATION AND OUR TRAFFIC SAFETY EFFORTS. AND I THINK IF WE HAVE A
DESIGNATED FUND TO TAKE IN THOSE FINES, SUCH AS SCHOOL SPEED ZONE
CAMERAS AND THE STOP ARMS ON SCHOOL BUSES, THAT'S A WAY THAT WE CAN
ENSURE THAT THE MONEY THAT'S RAISED FROM THOSE FINES GO DIRECTLY INTO
28
NYS ASSEMBLY MAY 13, 2019
IMPROVING SAFETY FOR OUR STUDENTS AND OUR SCHOOLS AND OUR PEDESTRIANS
IN GENERAL AND OTHER MOTORISTS ON THE ROAD.
SO I HOPE THAT WE CAN ALL WORK TOGETHER AND MAYBE
WORK ON THAT EFFORT, AND I THANK THE SPONSOR AGAIN FOR THIS LEGISLATION.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MCDONOUGH.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A QUESTION?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
MAGNARELLI?
MR. MAGNARELLI: YES, MR. SPEAKER.
MR. MCDONOUGH: THANK YOU. I MAY HAVE -- I
MAY -- OR PERHAPS I SHOULD KNOW THIS, BUT YOU MADE A DESCRIPTION OF A
CHILD GETTING OUT OF THE RIGHT SIDE OF THE BUS --
MR. MAGNARELLI: CORRECT.
MR. MCDONOUGH: -- AND I KNOW THERE ARE
SITUATIONS WHERE THE BUS COULD BE IN THE RIGHT LANE BUT THERE'S ANOTHER
SERVICE LANE OR SOMETHING THAT KEEPS GOING. IS THE CAMERA -- ARE THE
CAMERAS GOING TO BE ON THE RIGHT SIDE OF THE BUS?
MR. MAGNARELLI: YES. I BELIEVE SO.
MR. MCDONOUGH: SO, THERE'LL BE TWO CAMERAS?
MR. MAGNARELLI: THERE COULD BE, YES. AGAIN,
IT'S UP TO THE SCHOOL DISTRICT TO PUT THE CAMERAS IN AND TO START THE
PROGRAM.
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NYS ASSEMBLY MAY 13, 2019
MR. MCDONOUGH: OKAY. AND ALSO, I KNOW THAT
WHEN YOU HAVE A STOPPED SCHOOL BUS, ON THE LEFT SIDE THEY PUT OUT THAT
ARM SAYING "STOP."
MR. MAGNARELLI: YES.
MR. MCDONOUGH: THAT'S NOT ON THE RIGHT SIDE
NOW, BUT THAT MAY BE CONSIDERED?
MR. MAGNARELLI: YES.
MR. MCDONOUGH: OKAY. SO THEN YOUR BILL
ALLOWS THE SCHOOL DISTRICTS TO IMPLEMENT A TWO-CAMERA SITUATION IF THEY
FEEL IT NECESSARY?
MR. MAGNARELLI: RIGHT. AND I'M ALSO TOLD THAT
IT CAN SEE ABOUT EIGHT LANES ACROSS, THE CAMERA ITSELF.
MR. MCDONOUGH: EIGHT LANES ACROSS WHAT? YOU
MEAN THAT'S WHAT THE CAMERA COVERS, ALL EIGHT LANES?
MR. MAGNARELLI: YES. YES.
MR. MCDONOUGH: OKAY. WELL, I WAS CONCERNED
WHEN YOU MADE THAT DESCRIPTION OF THE CHILD GETTING OFF THE RIGHT SIDE --
MR. MAGNARELLI: YEAH.
MR. MCDONOUGH: -- OF THE BUS. OKAY. THANK
YOU VERY MUCH, MR. MAGNARELLI.
MR. MAGNARELLI: YOU'RE WELCOME.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GARBARINO.
MR. GARBARINO: THANK YOU, MR. SPEAKER. WILL
30
NYS ASSEMBLY MAY 13, 2019
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
MAGNARELLI?
MR. MAGNARELLI: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MAGNARELLI
YIELDS.
MR. GARBARINO: THANK YOU, MR. MAGNARELLI.
QUESTION: IS THE CAMERA -- IT'S -- IT'S BEING PLACED ON THE ARM OF THE --
THE STOP SIGN? IS THAT WHAT'S GOING ON HERE? IT'S GOING TO BE FACING THE
BUS?
MR. MAGNARELLI: IT DOES NOT HAVE TO BE PLACED
ON THE BUS ARM ITSELF. IT COULD BE PLACED ON THE FRONT OF THE BUS OR THE
BOTTOM OF THE BUS, BUT IT WORKS ONCE THAT STOP ARM COMES OUT.
MR. GARBARINO: IS THERE ANY CAMERA ON THE -- THE
DOOR WHERE THE -- THE CHILD IS GETTING ON OR OFF THE BUS? AND IS THERE
ANYTHING FILMING THE CHILD GETTING ON OR OFF THE BUS?
MR. MAGNARELLI: RIGHT NOW, NO.
MR. GARBARINO: I'M -- MY QUESTION -- THE REASON
I'M ASKING THAT QUESTION IS CURRENTLY UNDER VTL 1174, ONE OF THE
ELEMENTS OF THIS VIOLATION IS IF ANY MOTORIST OVERTAKES A SCHOOL BUS THAT
IS STOPPED TO RECEIVE OR DISCHARGE PASSENGERS. AND I DISCUSSED THIS
WITH THE HEAD OF SUFFOLK TRAFFIC VIOLATIONS, THE COURT, TRAFFIC --
TRAFFIC VIOLATIONS BUREAU, AND HE SAID TO ME RIGHT NOW WHEN A POLICE
OFFICER ISSUES THIS TICKET, HE CAN GO -- AND IF SOMEBODY CONTESTS THE
TICKET, HE CAN GO AND HE CAN TESTIFY THAT THE BUS WAS STOPPED TO RECEIVE
31
NYS ASSEMBLY MAY 13, 2019
OR DISCHARGE PASSENGERS. NOW THERE'S NO LONGER A POLICE OFFICER
INVOLVED, AND IF THEY'RE -- THE HEAD OF THE TVB WAS CONCERNED THAT IF
THERE'S A HEARING, THEY'RE NOT GOING TO BE ABLE TO PROVE THAT THE BUS WAS
STOPPED TO RECEIVE OR DISCHARGE PASSENGERS AND, THEREFORE, THEY CAN'T
PROVE AN ELEMENT OF -- OF THE CRIME AND THEY WOULD HAVE TO DISMISS THE
TICKET. SO, IS THERE ANYTHING HERE THAT SHOWS THAT THE BUS WAS STOPPED
FOR -- OR THAT CAN BE USED IN COURT TO SAY THAT THE BUS WAS STOPPED FOR
THE PURPOSES OF RECEIVING OR DISCHARGING A PASSENGER?
MR. MAGNARELLI: I'M GOING TO ASK YOU TO ASK
THAT QUESTION AGAIN BECAUSE I LOST IT FOR A SECOND.
MR. GARBARINO: ALL RIGHT. SO, CURRENTLY UNDER
1174, THE PERSON IS GUILTY OF THE INFRACTION IF THEY OVERTAKE A -- A
STOPPED SCHOOL BUS THAT IS STOPPED FOR THE PURPOSE OF RECEIVING OR
DISCHARGING A PASSENGER.
MR. MAGNARELLI: RIGHT.
MR. GARBARINO: NOW --
ACTING SPEAKER AUBRY: ONE MINUTE, MR.
GARBARINO. LADIES AND GENTLEMEN, SHH. WE'RE HAVING DEBATE. IT'D BE
HELPFUL IF PEOPLE AROUND THE DEBATERS WOULD -- ARE YOU ALL RIGHT?
MR. GARBARINO: SO -- SO, CURRENTLY YOU HAVE A
POLICE OFFICER - IF SOMEBODY GETS THIS TICKET, IT'S USUALLY A POLICE OFFICER
WHO'S ISSUING -- ISSUING IT. SO IF SOMEBODY WANTED TO CONTEST THE
TICKET, IN THE -- IN THE HEARING, THE PROSECUTOR COULD BRING IN THE POLICE
OFFICER AND SAY -- AND THE COP CAN TESTIFY, YES, THE BUS WAS STOPPED FOR
-- FOR THE PURPOSES OF RECEIVING OR DISCHARGING A PASSENGER. NOW YOU
32
NYS ASSEMBLY MAY 13, 2019
GOT RID OF THE POLICE OFFICER. THERE'S NO CAMERA SHOWING THAT A STUDENT
WAS GETTING ON OR GETTING OFF THE BUS. THERE'S A -- I HAVE A CONCERN,
AND -- AND SO DOES THE HEAD OF THE TVB IN SUFFOLK COUNTY, THAT NOW
YOU CAN NO LONGER PROVE THAT ELEMENT OF THE CRIME, SO IF ANYBODY
CONTESTS THIS TICKET IT CAN BE DISMISSED. BECAUSE RIGHT NOW ALL THIS IS --
IF YOU GET A TICKET THIS WAY, IT'S -- IT'S NOT AN ACCUSATORY INSTRUMENT, SO
THERE'S -- THERE'S NO PROOF THERE. SO WHO'S GOING TO BE CALLED IN AS THE
WITNESS TO SAY THIS WAS -- THIS BUS WAS STOPPED AT THE TIME HE PASSED OR
OVERTOOK THIS STOPPED BUS, IT WAS STOPPED FOR THE PURPOSE OF RECEIVING
OR DISCHARGING A PASSENGER?
MR. MAGNARELLI: WELL, I WOULD THINK THE BUS
DRIVER WOULD BE THE OBVIOUS PERSON. BUT THE OTHER -- THE OTHER THINGS
THAT HAPPEN ARE THE LIGHTS GO ON, THE RED LIGHTS GO ON, AND THAT TRIGGERS
THE CAMERA AS WELL. SO -- AND WHEN THE RED LIGHTS GO ON, THEY'RE EITHER
RECEIVING OR DEPOSITING CHILDREN ON THE ROAD. SO THAT'S THE ONLY TIME
THE RED LIGHTS ARE ON.
MR. GARBARINO: NO, I -- I UNDERSTAND THAT, BUT
THERE STILL HAS TO BE SOME SORT OF PROOF THAT CAN BE OFFERED AT TRIAL THAT
THE BUS WAS STOPPED FOR RECEIVING OR DISCHARGING A PASSENGER. IT'S NOT
-- THE LAW DOESN'T SAY IT WAS STOPPED AND THE -- AND THE LIGHTS WERE
FLASHING. IT SAYS THAT THE BUS WAS STOPPED AND -- BECAUSE A PASSENGER
WAS BEING --
MR. MAGNARELLI: RIGHT.
MR. GARBARINO: -- DISCHARGED OR RECEIVED. SO
THERE'S -- THERE'S NOTHING HERE -- AND I'M IN SUPPORT OF THIS BILL, BUT
33
NYS ASSEMBLY MAY 13, 2019
THERE'S NOTHING HERE - AND I FEEL LIKE IT'S A BIG LOOPHOLE FOR -- FOR
DEFENSE ATTORNEYS TO TAKE ADVANTAGE OF, SO THESE TICKETS, YOU KNOW,
WON'T BE AFFECTED, BUT I THINK IT SHOULD BE LOOKED AT.
MR. MAGNARELLI: WELL, I WAS JUST GIVEN A -- A --
A PICTURE, BASICALLY, OF WHERE THESE -- THEY'RE NOT JUST ONE CAMERA.
THERE COULD BE A NUMBER OF CAMERAS AROUND THE BUS WITH THIS NEW
TECHNOLOGY. THE TECHNOLOGY WOULD SHOW THAT THE STOP ARM IS OUT,
OTHERWISE IT WOULDN'T BE ACTIVATED. THE RED LIGHTS WOULD BE ON, AND
THOSE RED LIGHTS ARE DUE TO SOMEBODY GETTING ON OR OFF THE BUS. SO I
THINK PUTTING ALL OF THAT TOGETHER, ALONG WITH THE BUS DRIVER, IF
SOMEBODY WANTED TO TAKE IT TO COURT, SO BE IT. I -- YOU KNOW, IT SOUNDS
PRETTY GOOD TO ME.
MR. GARBARINO: IT DOESN'T -- I MEAN, ESPECIALLY
IN SUFFOLK AND NASSAU WHERE WE HAVE THESE TRAFFIC VIOLATION AREAS,
PEOPLE FIGHT THESE TICKETS ALL THE TIME. THEY FIGHT THE RED LIGHT -- RIGHT
LIGHT CAMERA TICKETS. I'M JUST CONCERNED THAT RIGHT NOW THE LAW SAYS THE
BUS HAS TO BE STOPPED FOR THE PURPOSE -- IF YOU OVERTAKE A BUS THAT'S
STOPPED FOR THE PURPOSE OF DISCHARGING OR RECEIVING A PASSENGER. IT
DOESN'T SAY IF YOU STOP -- OVERTAKE A BUS THAT'S STOPPED AND THE ARM IS
OUT, THE LIGHTS ARE FLASHING. THERE HAS TO BE SOME SORT OF PROOF THAT THE
BUS WAS STOPPED FOR -- FOR THAT PURPOSE, THE CURRENT PURPOSE UNDER
1174. SO WE WOULD HAVE TO CHANGE WHAT 1174 SAYS OR DO SOMETHING
FURTHER HERE, I THINK. BECAUSE AS OF RIGHT NOW, THE PICTURE ALONE ISN'T --
ISN'T ENOUGH TO HOLD THESE -- THESE VIOLATORS IF SOMEBODY ACTUALLY
CONTESTS THE TICKET. THAT'S MY CONCERN. SO I THINK MAYBE IF WE CAN
34
NYS ASSEMBLY MAY 13, 2019
LOOK INTO THAT, MAYBE CHANGING 1174, THAT WOULD PROBABLY CLOSE THIS --
THIS BIG LOOPHOLE. THANK YOU.
MR. MAGNARELLI: ALL RIGHT. THANK YOU.
MR. GARBARINO: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. WEPRIN TO EXPLAIN HIS VOTE.
MR. WEPRIN: THANK YOU, MR. SPEAKER. IN THE PAST,
I'VE HESITATED TO SUPPORT SPEED CAMERAS WHEN THEY'RE NOT IMMEDIATELY
AROUND A SCHOOL, WHEN THEY'RE ON MAJOR THOROUGHFARES, YOU KNOW, THAT
ARE NOT -- THAT ARE A FEW BLOCKS FROM A SCHOOL AND -- AND ARE NOT
NECESSARILY A -- A DANGEROUS SITUATION. BUT I STRONGLY SUPPORT THIS
LEGISLATION, AND I'M -- AND I'M ALSO A PROUD CO-SPONSOR, BECAUSE WHEN
STUDENTS ARE BEING DISCHARGED FROM A SCHOOL BUS AND THAT STOP SIGN IS
SO VISIBLE, IT'S REALLY A DANGEROUS SITUATION FOR A CAR TO SPEED BY AND
POTENTIALLY CAUSE A TRAGIC ACCIDENT. AND I KNOW THEY HAVE -- HAVE
OCCURRED. I KNOW THERE HAVE BEEN A NUMBER OF EXPERIMENTS, STUDIES
BEFORE THIS LEGISLATION. THERE WAS ONE IN PARTICULAR ON LONG ISLAND,
AND THEY HAD THE CAMERAS IN EFFECT EVEN THOUGH TICKETS WERE NOT BEING
ISSUED AND THEY WERE ROUTINELY VIOLATED AND PEDES -- I MEAN, DRIVERS
35
NYS ASSEMBLY MAY 13, 2019
IGNORED THE STOP SIGNS. SO, CLEARLY, THIS IS A PROBLEM. I WANT TO THANK
THE SPONSOR FOR BRINGING THIS TO THE FLOOR.
I WITHDRAW MY REQUEST AND I PROUDLY VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
MR. ORTIZ.
MR. ORTIZ: THANK YOU, MR. SPEAKER. I DO ALSO
WOULD LIKE TO COMMEND THE SPONSOR OF THIS PARTICULAR LEGISLATION. AND
AS HE HIMSELF STATED, WAS A BUS DRIVER WHO PULLED A CHILD OUT, INSIDE
BACK TO THE -- TO THE BUS -- TO THE SCHOOL BUS AS A RESULT THAT A DRIVER
WHO WAS PASSING BY THROUGH THE RIGHT AND DIDN'T PAY ATTENTION TO THE
STOP SIGN. I ALSO WOULD LIKE TO COMMEND THE SPEAKER BECAUSE THIS
PIECE OF LEGISLATION IS ONE OF THEM THAT MY COMMUNITY IN SUNSET PARK
AND RED HOOK AND PARK SLOPE HAS BEEN ADVOCATING FOR. AS A RESULT, I
HAVE 27 SCHOOLS BETWEEN 60TH STREET AND 4TH AVENUE TO 9TH STREET IN
THE AREA BETWEEN BAY RIDGE, SUNSET PARK AND PARK SLOPE. THIS
LEGISLATION WILL PUT A STOP AND I HOPE A STOP TO THIS DRIVER THAT ARE
RECKLESS DRIVERS THAT WILL LISTEN AND PAY ATTENTION TO THE PUBLIC SAFETY OF
OUR CHILDREN. AND THIS LEGISLATION IS ABOUT PUBLIC SAFETY, AND IT'S ABOUT
SAVING OUR CHILDREN.
THANK YOU, MR. SPEAKER, AND I WILL VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ORTIZ IN THE
AFFIRMATIVE.
36
NYS ASSEMBLY MAY 13, 2019
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
WE WILL RETURN TO PAGE 4, CALENDAR NO. 273.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00215, CALENDAR NO.
273, BRAUNSTEIN, BARRON, GALEF. AN ACT TO AMEND THE REAL PROPERTY
LAW, IN RELATION TO GROUND LEASES.
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. A00629, CALENDAR NO.
274, ROZIC, WALLACE, MOSLEY, MAGNARELLI, ORTIZ, SIMON, JEAN-PIERRE,
WALKER, BENEDETTO, CRESPO, GLICK, DE LA ROSA, D'URSO, PHEFFER
AMATO, HYNDMAN, GOTTFRIED, BLAKE, RIVERA, DICKENS, SEAWRIGHT,
WEPRIN, L. ROSENTHAL, COLTON, SOLAGES, MONTESANO, GRIFFIN, STIRPE,
WILLIAMS. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
PROHIBITING BUSINESSES FROM CHARGING A PRICE FOR GOODS ON THE BASIS OF
GENDER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
37
NYS ASSEMBLY MAY 13, 2019
THE CLERK: ASSEMBLY NO. A00876, CALENDAR NO.
275, QUART, D'URSO, EPSTEIN, GOTTFRIED, REYES. AN ACT TO AMEND THE
GENERAL BUSINESS LAW AND THE EXECUTIVE LAW, IN RELATION TO DEBT
COLLECTION NOTICES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01026, CALENDAR NO.
276, L. ROSENTHAL, PERRY, WEPRIN, SEAWRIGHT. AN ACT TO AMEND THE
CIVIL PRACTICE LAW AND RULES, IN RELATION TO INCREASING PENALTIES FOR
FAILURE TO EXECUTE AND FILE SATISFIED JUDGMENTS OF $5,000 OR MORE WITH
THE COURT CLERK.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01364, CALENDAR NO.
277, QUART, D'URSO, EPSTEIN, GOTTFRIED, REYES. AN ACT TO AMEND THE
CRIMINAL PROCEDURE LAW, IN RELATION TO ORDERS OF ADJOURNMENT IN
CONTEMPLATION OF DISMISSAL AND SEALING OF DEFENDANT RECORDS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01615, CALENDAR NO.
278, WRIGHT. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2018
AMENDING THE SOCIAL SERVICES LAW RELATING TO REQUIRING RESIDENTIAL
HEALTH CARE FACILITIES AND ADULT HOMES TO ADVISE CURRENT AND PROSPECTIVE
RESIDENTS OF THE FINANCIAL CONDITION OF THE FACILITY, AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S.766 AND A.8159, IN RELATION TO REQUIRING
38
NYS ASSEMBLY MAY 13, 2019
NOTIFICATION OF THE APPOINTMENT OF A TEMPORARY OPERATOR IN CERTAIN ADULT
CARE FACILITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WRIGHT, 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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01634, CALENDAR NO.
279, GOTTFRIED, L. ROSENTHAL, WALKER, WEPRIN, DINOWITZ, BRONSON,
ABINANTI, JOYNER, STECK, BLAKE, MOSLEY, ORTIZ, SIMON, GLICK, AUBRY.
AN ACT TO AMEND THE PENAL LAW, IN RELATION TO CRIMINAL POSSESSION OF A
CONTROLLED SUBSTANCE IN THE 7TH DEGREE; TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO DRUG-RELATED PARAPHERNALIA; TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO THE SALE AND POSSESSION OF HYPODERMIC
SYRINGES AND NEEDLES; AND TO REPEAL SECTION 220.45 OF THE PENAL LAW
RELATING TO CRIMINALLY POSSESSING A HYPODERMIC INSTRUMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01646, CALENDAR NO.
280, HUNTER, BARRON. AN ACT TO AMEND THE MULTIPLE RESIDENCE LAW, IN
39
NYS ASSEMBLY MAY 13, 2019
RELATION TO UNLAWFUL OCCUPATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER PICHARDO: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01698, CALENDAR NO.
281 HAS BEEN AMENDED ON THIRD READING.
ASSEMBLY NO. A01881, CALENDAR NO. 282,
ZEBROWSKI. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO THE
UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A01940, CALENDAR NO.
283, ZEBROWSKI, GLICK, ORTIZ, ABINANTI, WRIGHT, RICHARDSON, WEPRIN,
SEAWRIGHT, BICHOTTE, BLAKE. AN ACT TO AMEND THE BANKING LAW, IN
RELATION TO THE NUMBER OF WITHDRAWAL TRANSACTIONS FROM A BASIC BANKING
ACCOUNT.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
40
NYS ASSEMBLY MAY 13, 2019
DAY.
ACTING SPEAKER PICHARDO: 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, THANK YOU.
WE'RE GOING TO INTERRUPT THE PROCEEDINGS FOR A MOMENT TO INTRODUCE
OUR FORMER COLLEAGUE AND THE CURRENT SURROGATE COURT JUDGE FROM
RICHMOND COUNTY. HE WAS ELECTED LAST NOVEMBER. HE WAS WITH US,
AS YOU KNOW, MR. SPEAKER, FOR 11 YEARS. BUT ONCE A MEMBER, ALWAYS A
MEMBER. SO, WOULD YOU PLEASE JOIN US IN WELCOMING HIM BACK TO THE
FLOOR OF THE LEGISLATURE.
ACTING SPEAKER PICHARDO: ABSOLUTELY. ON
BEHALF OF MAJORITY LEADER PEOPLES-STOKES, THE STATEN ISLAND
DELEGATION, THE SPEAKER AND ALL THE MEMBERS, MATT, WELCOME HOME.
ONCE A MEMBER, ALWAYS A MEMBER. IT'S NICE SEEING YOUR FACE AROUND
THE CHAMBER AND CRACKING A JOKE AND CRACKING A SMILE AND LIGHTING UP
THE DAY. YOU'RE ALWAYS EXTENDED THE PRIVILEGES OF THE FLOOR, AND LIKE I
SAID, WELCOME HOME AND THANK YOU FOR YOUR SERVICE IN 11 YEARS HERE IN
THE NEW YORK STATE ASSEMBLY.
(APPLAUSE)
MR. RA.
41
NYS ASSEMBLY MAY 13, 2019
MR. RA: THANK YOU VERY MUCH, MR. SPEAKER. I'D
ALSO LIKE TO INTERRUPT THE PROCEEDINGS TO WELCOME BACK TWO OF OUR
FORMER COLLEAGUES. IT'S APPROPRIATE THAT THEY WALKED INTO THE CHAMBER
TOGETHER A FEW MINUTES AGO, BECAUSE I KNOW THEY'RE CLOSE FRIENDS AND
WORKED CLOSELY TOGETHER FOR MANY YEARS IN THIS CHAMBER. TWO -- TWO
DEAR COLLEAGUES WHO -- WHO LEFT US TO -- TO GO DO OTHER THINGS AND
SPEND SOME GREAT TIME WITH THEIR FAMILY, AND IT'S GREAT TO SEE THEM BACK
IN THE CHAMBER. TERESA SAYWARD AND JANET DUPREY ARE JOINING US
TODAY. IF YOU CAN EXTEND TO THEM OUR WELCOME BACK. THANK YOU.
ACTING SPEAKER PICHARDO: CERTAINLY. ON
BEHALF OF MR. RA, THE SPEAKER AND ALL THE MEMBERS, WELCOME BACK,
WELCOME HOME. THANK YOU FOR YOUR SERVICE TO THE STATE. ONCE A
MEMBER, ALWAYS A MEMBER. WE EXTEND TO YOU THE PRIVILEGES OF THE
FLOOR. AND THAT'S PRETTY MUCH IT. THANK YOU SO MUCH FOR EVERYTHING,
AND GOD BLESS.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02554, CALENDAR NO.
284, OTIS, COLTON, D'URSO, GLICK, GOTTFRIED, LAVINE, WRIGHT. AN ACT TO
AMEND THE REAL PROPERTY LAW, IN RELATION TO PROHIBITING LEASES FROM
INCLUDING A WAIVER OF THE RIGHT TO A DECLARATORY JUDGMENT ACTION.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A02832, CALENDAR NO.
285, CYMBROWITZ, ABBATE, BRONSON, MALLIOTAKIS, PEOPLES-STOKES,
42
NYS ASSEMBLY MAY 13, 2019
WEPRIN, ABINANTI, SEAWRIGHT, BICHOTTE, HEVESI. AN ACT TO AMEND THE
INSURANCE LAW, IN RELATION TO ALLOWING VICTIMS OF DOMESTIC VIOLENCE
THE OPPORTUNITY TO DESIGNATE AN ALTERNATE ADDRESS FOR HEALTH INSURANCE
CLAIMS OR BILLING PURPOSES.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A02983, CALENDAR NO.
286, GOTTFRIED, DINOWITZ, ENGLEBRIGHT, GALEF, PAULIN, CUSICK,
L. ROSENTHAL, D'URSO, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH
LAW AND THE INSURANCE LAW, IN RELATION TO CERTAIN CONTRACTS OR
AGREEMENTS BY HEALTH MAINTENANCE ORGANIZATIONS.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A03190, CALENDAR NO.
287, HUNTER, MOSLEY, BARRON. AN ACT TO AMEND THE REAL PROPERTY LAW,
IN RELATION TO ALLOWING TENANTS TO DEDUCT WATER PAYMENTS THEY MAKE FOR
DEFICIENT LANDLORDS FROM THEIR RENT.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
43
NYS ASSEMBLY MAY 13, 2019
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. ON BEHALF OF OUR
COLLEAGUE, MR. MANKTELOW, WE'RE HAPPY TO WELCOME BACK TO THE
CHAMBER OUR OLD FRIEND, BOB OAKS. MR. OAKS SERVED IN THIS CHAMBER
FOR MANY YEARS, MOST RECENTLY AS OUR RANKING MEMBER ON THE WAYS
AND MEANS COMMITTEE. HE LEFT US WITH A LITTLE BIT OF A PEANUT GALLERY
THAT SITS BEHIND ME AND MR. GOODELL NOW. BUT IT'S GOOD TO SEE HIS FACE
IN THE CHAMBER, AND IF YOU COULD WELCOME HIM BACK, WE'D APPRECIATE
IT. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. RA, THE SPEAKER, ALL THE MEMBERS, BOB, WELCOME BACK. YOU ARE
A FORMER MEMBER, YOU ALWAYS HAVE PRIVILEGES TO THE FLOOR. WE'RE
ALWAYS HAPPY TO SEE YOU. AND WE REGRET THE FACT THAT YOU HAVE LEFT US,
GIVEN WHAT WE'RE IN NOW. BUT THANK YOU SO VERY MUCH. WE'RE HAPPY
TO HAVE YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF WE COULD GO ON DEBATE, WE'RE GOING TO GO TO CALENDAR NO.
257. IT'S ON PAGE 30, BILL NO. 6277 BY MS. WALKER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06277, CALENDAR NO.
257, WALKER, AUBRY, DICKENS, PERRY, BARRON, WILLIAMS, SIMOTAS,
44
NYS ASSEMBLY MAY 13, 2019
COLTON, ORTIZ, ARROYO, WRIGHT, DENDEKKER, NIOU, DE LA ROSA, SIMON,
COOK, ENGLEBRIGHT, JEAN-PIERRE, TAYLOR, BLAKE. AN ACT TO AMEND THE
PRIVATE HOUSING FINANCE LAW, IN RELATION TO AFFORDABLE HOUSING
CORPORATION GRANTS.
MR. RA: AN EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: CERTAINLY. WE ARE ON
DEBATE. LADIES AND GENTLEMEN IN THE BACK, WE NEED TO SETTLE DOWN.
SERGEANT-OF-ARMS [SIC], WOULD YOU CLEAR ALL THOSE FOLKS OUT IF THERE'S
NO PARTICULAR BUSINESS HERE?
(PAUSE)
STAFF, PLEASE GO TO THE REAR. IF YOU NEED TO SPEAK TO
YOUR MEMBER, YOUR MEMBER WILL COME TO YOU. SHH, PLEASE.
AN EXPLANATION HAS BEEN REQUESTED, MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER. THIS BILL
RELATES TO THE AFFORDABLE HOUSING CORPORATION GRANTS. IT INCREASES THE
AMOUNT OF THE GRANT FROM $40,000 TO $75,000. THE PURPOSE OF THE
PROGRAM IS TO PROMOTE HOMEOWNERSHIP BY PERSONS OF LOW OR MODERATE
INCOME, WHICH IN TURN FOSTERS DEVELOPMENT, STABILIZATION AND
PRESERVATION OF NEIGHBORHOODS AND COMMUNITIES.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
WALKER?
MS. WALKER: YES.
45
NYS ASSEMBLY MAY 13, 2019
ACTING SPEAKER AUBRY: MS. WALKER YIELDS.
MR. RA: THANK YOU VERY MUCH. SO, I JUST WANTED TO
GO THROUGH THE PROVISIONS OF THIS QUICKLY. CERTAINLY, YOU KNOW, WITH --
WITH MANY DIFFERENT THINGS IN OUR LAWS, WE HAVE -- WE HAVE TO CHANGE
AMOUNTS FROM TIME TO TIME TO MAKE SURE THAT THEY'RE -- THEY'RE UPDATED
AND REFLECT OUR CURRENT FINANCIAL TIMES. BUT I -- I GUESS MY INITIAL
QUESTION, THOUGH, IS, THIS WOULD SEEM TO, YOU KNOW, ALLOW MORE --
MORE OPPORTUNITIES ON --ON THE HIGHER RENTS, WE'RE RAISING THIS
THRESHOLD. BUT A CONCERN HAS BEEN RAISED IN TERMS OF WHETHER THIS
MIGHT CAUSE LESS FUNDING TO BE AVAILABLE IN RURAL AREAS OF THE STATE
BECAUSE THERE'S NOT A [SIC] INCREASE IN THE OVERALL APPROPRIATION FOR THIS
PROGRAM. IS THAT CORRECT?
MS. WALKER: I DON'T BELIEVE SO. I UNDERSTAND THAT
PARTICULARLY THIS BILL BASICALLY IS MORE EXPANSIVE AS OPPOSED TO BEING
REGRESSIVE. IT IDENTIFIES THAT THERE ARE PARTICULAR MARKET INCREASES IN
TERMS OF BUILDING OUT OF AFFORDABLE HOMES. THE AMOUNT HAS BEEN
INCREASED IN THE YEAR 2004 TO $40,000, AND IN ORDER TO KEEP PACE WITH
THE RISING COSTS OF CONSTRUCTION AND ACQUISITION, WE BELIEVE IT NECESSARY
THAT THIS STATEWIDE BILL THAT ALL -- ALL COMMUNITIES THROUGHOUT THE STATE
OF NEW YORK HAS ACCESS TO, WILL BE ABLE TO GAIN A RIGHT-SIZED
INVESTMENT FROM THE FEDERAL GOVERNMENT AS WELL AS FROM THE STATE.
MR. RA: OKAY. SO -- SO FURTHER, THE OTHER THING THAT
THIS DOES IS IT, YOU KNOW, PUTS FORTH THESE RESTRICTIONS ON -- ON RESALE
THAT ARE LENGTHY. AND THAT'S ONE OF THE ISSUES THAT WAS RAISED BY SOME
-- BY DIFFERENT GROUPS THAT ALTHOUGH THEY SUPPORT HAVING AN INCREASE IN
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NYS ASSEMBLY MAY 13, 2019
-- IN THIS AMOUNT, IN PARTICULAR THE RESALE RESTRICTIONS THAT WOULD BE ON
GRANTEES UNDER THIS PROGRAM. WHAT ARE -- WHAT ARE THOSE IN LINE WITH
AS OPPOSED TO WHERE THEY ARE UNDER CURRENT LAW?
MS. WALKER: I'M SORRY, I DIDN'T -- CAN YOU REPEAT
YOUR QUESTION AGAIN?
MR. RA: THERE ARE -- ARE WE INCREASING THE RESALE
RESTRICTIONS FROM WHAT WE HAVE IN CURRENT LAW IN TERMS OF DURATION?
MS. WALKER: SO, FOR INDIVIDUAL CORPORATIONS OR
COMPANIES WHO ARE APPLYING FOR THE GRANT UNDER THE ORIGINAL BILL AND
THE ORIGINAL INCOME LIMITATION, THE ORIGINAL AMOUNT LIMITATION IS
$40,000. IF YOU ARE APPLYING FOR THAT $40,000 GRANT, THEN THERE ARE NO
RESTRICTIONS ON YOUR USAGE OR RESALE. HOWEVER, IF YOU ARE AVAILING
YOURSELF OF THE BENEFIT OF THIS ADDITIONAL -- ADDITIONAL AMOUNT, $75,000,
THERE ARE SOME RESTRICTIONS. ONE, YOU HAVE A RESALE RESTRICTION WHICH
WILL LAST BETWEEN 60 YEARS AND 99 YEARS, AND PARTICULARLY WHAT IT DOES
IS IT LIMITS THE ABILITY FOR SOMEONE TO TAKE ADVANTAGE OF THIS ADDITIONAL
INCREASE AND INVESTMENT BY SELLING IT ON A WINDFALL. INSTEAD, THERE'S A
DEEP RESTRICTION THAT COMMUNITY LAND TRUST RESTRICTIONS AND LIMITED
EQUITY COOPERATIVE OWNERSHIP STRUCTURES THAT ARE -- ARE PUT IN PLACE.
MR. RA: OKAY. SO -- SO THAT -- THE MINIMUM OF 60
YEARS APPLIES TO ANYTHING ABOVE THAT $40,000. BELOW THAT, THERE ARE NO
RESALE RESTRICTIONS?
MS. WALKER: THAT'S CORRECT.
MR. RA: OKAY. JUST, YOU KNOW, IN TERMS OF THAT, SO,
YOU KNOW, THAT THRESHOLD, I MEAN, WHILE YOU'RE TALKING ABOUT A LITTLE BIT
47
NYS ASSEMBLY MAY 13, 2019
OF A HIGHER GRANT AMOUNT, IS THERE -- IS THERE A REASON IT GOES STRAIGHT
FROM NO RESTRICTIONS TO 60 YEARS, AS OPPOSED TO MAYBE, YOU KNOW,
CONSIDERING MARKET CONDITIONS IN A SPECIFIC, YOU KNOW, JURISDICTION OR
SOMETHING TO THAT EFFECT, TO MAKE SURE THAT, YOU KNOW, WE DON'T REALLY
HAMPER ANY OPPORTUNITY FOR SOMEBODY TO TRANSFER PROPERTY?
MS. WALKER: WELL, PARTICULARLY, ONE OF THE THINGS
THAT THE BILL IDENTIFIES IS THAT THERE ARE PEOPLE WHO HAVE THE POTENTIAL TO
SAY, WELL, HEY, YOU CAN GET THIS ADDITIONAL AMOUNT OF MONEY FROM THE
STATE IN ORDER TO HELP US BUILD OUR HOMES, AND THEN ONCE THEY DO THAT,
THEY DECIDE TO PUT THEIR HOMES ON THE MARKET AT MARKET RATE AT
ASTRONOMICAL COSTS, WHICH BUTTS UP AGAINST THE ORIGINAL INTENT OF THE
LEGISLATION IN ORDER TO PROVIDE AN AVENUE FOR HOMEOWNERSHIP FOR LOW-
AND MODERATE-INCOME INDIVIDUALS. WE WANT TO MAKE SURE THAT THIS
DOES NOT BECOME A GENTRIFICATION MODEL. WE WANT TO MAKE SURE THAT
WE ARE PRESERVING THE INTEGRITY AND THE AFFORDABILITY OF OUR
COMMUNITIES. AND THAT IS THE REASON WHY WE BELIEVE THAT THESE DEED
RESTRICTIONS ARE IMPORTANT, WE BELIEVE THAT COMMUNITY LAND TRUSTS ARE
IMPORTANT, AND WE BELIEVE THAT COOPERATIVE EQUITY HOMEOWNERSHIP IS
IMPORTANT AS WELL.
MR. RA: THANK YOU VERY MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.
MR. RA: JUST -- JUST QUICKLY. ONE OF THE ISSUES THAT,
YOU KNOW, MANY OF OUR -- OUR MEMBERS ON OUR SIDE OF THE AISLE HAVE
RAISED AND CAME UP IN COMMITTEE IS, YOU KNOW, THIS IDEA OF -- OF THE
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NYS ASSEMBLY MAY 13, 2019
INCREASE -- WHILE THINGS ALWAYS HAVE TO INCREASE OVER TIME, THRESHOLDS
FOR DIFFERENT PROGRAMS, THERE IS A CONCERN THAT WITHOUT AN INCREASE IN
THE APPROPRIATION THAT THERE COULD BE A REDUCTION IN THE AVAILABILITY OF
THESE FUNDS IN CERTAIN RURAL -- RURAL AREAS OF THE STATE. BUT THE OTHER --
THE OTHER CONCERN IS WITH THIS 60- TO 99-YEAR RESALE RESTRICTION. THERE
MAY BE, YOU KNOW, AREAS IN THE STATE WHERE THAT'S CERTAINLY APPROPRIATE
AND -- AND IT WILL MAKE THAT THE PROGRAM AND WHAT THE PROGRAM
DESIGNED -- IS DESIGNED TO DO IS EFFECTIVE. BUT, YOU KNOW, THERE'S A
CONCERN THAT SUCH EXTENDED RESTRICTIONS MIGHT COMPROMISE A PROJECT.
SO WE THINK THAT, YOU KNOW, THE EVALUATION OF THESE PROPOSALS SHOULD
-- SHOULD BE ABLE TO, YOU KNOW, CONSIDER THOSE CONDITIONS IN THAT -- IN
THAT PARTICULAR JURISDICTION SO THAT WE MAKE SURE THAT IT DOESN'T, YOU
KNOW, COMPROMISE THE -- THE PROJECTS THEMSELVES AND DOESN'T BECOME
A, YOU KNOW, REALLY, A DETRIMENT TO -- TO ALLOWING THIS TYPE OF
DEVELOPMENT, AND -- AND THAT IS A REASON THAT SOME OF OUR MEMBERS
MAY BE VOTING IN THE NEGATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 240TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
49
NYS ASSEMBLY MAY 13, 2019
MR. GOODELL: THANK YOU, SIR. I APPRECIATE THE
SPONSOR'S DESIRE TO INCREASE THE AMOUNT. I CERTAINLY SUPPORT THAT DESIRE.
HOWEVER, IF WE PUT A 60- TO 99-YEAR DEED RESTRICTION WHICH PREVENTS OR
RESTRICTS THE RESALE OF THE PROPERTY, THE PROBLEM IS THAT IT'S GOING TO
HAVE UNINTENDED CONSEQUENCES THAT WOULD BE VERY, VERY DETRIMENTAL TO
THE OWNER. THOSE DETRIMENTAL RESTRICTIONS INCLUDE THE FACT THAT IF THE
OWNER WANTS TO BORROW MONEY ON A HOME EQUITY LINE OF CREDIT, FOR
EXAMPLE, TO REPLACE A FURNACE OR THE ROOF OR MAKE OTHER IMPROVEMENTS,
THEY'RE GOING TO FIND IT ALMOST IMPOSSIBLE TO BORROW ANY MONEY
BECAUSE THE BANK TAKES SUBJECT TO THAT DEED RESTRICTION, WHICH MEANS
THAT IF THE PROPERTY EVER GOES INTO FORECLOSURE, THE ONLY ONES THAT COULD
BID AT THE FORECLOSURE WERE THOSE THAT WOULD QUALIFY UNDER THIS
PROVISION. AND I -- AND I JUST SOLD A HOUSE I OWNED FOR 30-SOME YEARS.
I HAD TO GO BACK AND TRY TO CALCULATE HOW MANY TIMES I REPLACED THE
ROOF OR THE FURNACE OR THE HOT WATER TANK. IF YOU HAVE A DEED
RESTRICTION THAT GOES ANYWHERE FROM 60 TO 99 YEARS, THOSE PROPERTIES ARE
GOING TO BE UNBANKABLE, AND THE VERY PEOPLE THAT WE WANT TO HELP WILL
BE UNABLE TO TAP INTO THEIR EQUITY TO IMPROVE THEIR HOMES. IT'S AN
UNINTENDED CONSEQUENCE, I'M SURE. BUT IT'S VERY SERIOUS AND WOULD
HAVE LONG-TERM RAMIFICATIONS. I WOULD LIKE TO CHALLENGE EVERYONE IN
THIS ROOM TO THINK ABOUT WHICH ADMINISTRATIVE AGENCY ARE WE TASKING TO
TRACK THIS PROPERTY FOR THE NEXT SIX TO TEN DECADES. I WILL NOT BE DOING
THAT, BY THE WAY, EVEN AFTER I RETIRE. SO HAVING A -- A REASONABLE RESALE
RESTRICTION - 10 YEARS, FOR EXAMPLE, IS TYPICAL - WORKS BECAUSE IT ENSURES
THAT THE MONEY IS USED FOR A PROPER PURPOSE. BUT A RESALE RESTRICTION
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NYS ASSEMBLY MAY 13, 2019
THAT EXCEEDS ANY USEFUL LIFE OF THE PROPERTY OR THE IMPROVEMENTS,
UNFORTUNATELY MEANS THAT PROPERTY IS GOING TO GO INTO DISREPAIR AND THE
OWNER WON'T BE ABLE TO FIX IT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. WALKER TO EXPLAIN HER VOTE.
MS. WALKER: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO THANK THE NEW YORK LEGAL ASSISTANCE GROUP, THE CENTER FOR
NEW YORK CITY NEIGHBORHOODS, REBUILDING TOGETHER, AND
PARTICULARLY, HABITAT FOR HUMANITY. WE ALL UNDERSTAND THAT HABITAT FOR
HUMANITY IS A PROGRAM THAT UTILIZES THIS PARTICULAR INITIATIVE IN ORDER
FOR LOW- AND MODERATE-INCOME INDIVIDUALS TO PURCHASE A HOME. AND
WE RECOGNIZE THAT IT STABILIZES OUR COMMUNITIES, IT PRESERVES OUR
NEIGHBORHOODS, AND TO ACHIEVE THESE GOALS IT RELIES UPON THE FINANCIAL
ASSISTANCE OF STATE RESOURCES AS WELL AS PRIVATE AND OTHER INVESTMENT
OPPORTUNITIES FOR THE CONSTRUCTION, THE ACQUISITION, THE REHABILITATION
AND THE IMPROVEMENT OF OWNER-OCCUPIED HOUSING. WE BELIEVE IT IS
NECESSARY FOR A DEED RESTRICTION, COMMUNITY LAND TRUST OR A LIMITED
EQUITY COOPERATIVE HOMEOWNERSHIP STRUCTURE TO BE IN PLACE BETWEEN 60
YEARS TO 99 YEARS IN ORDER TO ENSURE THAT THE INTENT OF THIS LEGISLATION
ACTUALLY REALIZES ITS GOALS. WHERE WE ARE UNDERSTANDING THAT WE ARE
BUILDING HOMEOWNER -- HOMEOWNER -- HOMES FOR INDIVIDUALS WITHOUT
PROGRAMS SUCH AS THIS WOULD NOT HAVE ACCESS TO BE ABLE TO BECOME
HOMEOWNERS.
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NYS ASSEMBLY MAY 13, 2019
SO, I THANK ALL OF MY COLLEAGUES FOR THEIR SUPPORT ON
THIS PARTICULAR PIECE OF LEGISLATION, AND IT IS A PROUD MOMENT FOR ME TO
VOTE IN THE AFFIRMATIVE. WE ARE HAVING A NUMBER OF CONVERSATIONS
REGARDING AFFORDABLE HOUSING, AND I BELIEVE THAT THIS REALLY RAISES THE
NEED AS WELL AS A CONVERSATION AROUND AFFORDABLE HOMEOWNERSHIP.
THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALKER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD CONTINUE ON OUR DEBATE LIST, WE ARE GOING TO CALENDAR NO. 184.
IT'S ON PAGE 23, A BILL BY MR. OTIS.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02333, CALENDAR NO.
184, OTIS, BRABENEC, THIELE. AN ACT TO AMEND THE CRIMINAL PROCEDURE
LAW, IN RELATION TO THE DEFINITION OF AN ACCUSATORY INSTRUMENT.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: UNDER CURRENT LAW, IF YOU GET A
TRAFFIC TICKET, THAT TRAFFIC TICKET IS NOT SELF-ENFORCING BECAUSE IT DOESN'T
52
NYS ASSEMBLY MAY 13, 2019
HAVE ALL THE ELEMENTS NEEDED TO -- TO COMPLETE THE ENFORCEMENT ACTION.
IT DOESN'T IDENTIFY WHERE YOU WERE PARKED OR HOW LONG YOU WERE
PARKED AND SOME OF THE OTHER DETAILS. THIS BILL WOULD EXPAND THE
INFORMATION THAT IS REQUIRED ON A PARKING TICKET, AND MAKE THE PARKING
TICKETS ENFORCEABLE ON THEIR OWN WITHOUT ANY SUPPORTING DEPOSITION OR
ANY OTHER FURTHER JUDICIAL INVOLVEMENT. THE PROBLEM WITH THIS IS THAT IF
THERE'S A PARKING TICKET AND YOU DON'T GET IT, IF IT BLOWS OFF YOUR
WINDSHIELD OR MAYBE YOUR SON OR DAUGHTER FORGOT TO TELL YOU THAT THEY
GOT A PARKING TICKET, YOU COULD END UP WITH A PARKING VIOLATION THAT
YOU'RE NOT EVEN AWARE OF THAT GOES INTO EFFECT WITHOUT ANY FURTHER
NOTICE. AND THE PROBLEM WITH A PARKING VIOLATION THAT GOES INTO EFFECT
WITHOUT ANY FURTHER NOTICE IS THAT SOME MUNICIPALITIES THEN ENFORCE IT
UNDER THE SCOFFLAW, AND YOU'LL GET STOPPED AND DISCOVER TO YOUR
SURPRISE AND AMAZEMENT THAT YOUR LICENSE WAS SUSPENDED OR SUBJECT TO
SUSPENSION.
SO, WHILE THE BILL ON ITS FACE SEEMS LIKE A GREAT WAY TO
ENFORCE PARKING TICKETS AND IT IS, IT HAS OTHER UNINTENDED CONSEQUENCES.
AND FOR THAT REASON, SOME MY COLLEAGUES AND MYSELF WILL HAVE
PROBLEMS WITH THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. OTIS.
MR. OTIS: THANK YOU. I APPRECIATE THE DESCRIPTION
OF THE BILL FOR MOST OF THE DISCUSSION THAT WE HEARD, BUT LET ME GIVE A
LITTLE BACKGROUND. THE REASON WHY THIS BILL IS HERE IS THERE HAVE BEEN,
OVER A SERIES OF YEARS, DIFFERENT COURT DECISIONS ABOUT WHETHER OR NOT A
PARKING TICKET - IN AT LEAST SOME OF THE APPELLATE DIVISION TERRITORIES IN
53
NYS ASSEMBLY MAY 13, 2019
THIS STATE - IS A TICKET THAT A COURT ACTUALLY HAS JURISDICTION OVER THE
PERSON THAT GOT THE PARKING TICKET. AND SO FOR BIG PARTS OF THE STATE, IF
SOMEONE SAYS THEY DON'T WANT TO PAY THEIR PARKING TICKET, THE COURTS
HAVE HELD THAT THE COURT DOESN'T ACTUALLY HAVE JURISDICTION OVER THAT
PERSON BECAUSE IT IS NOT -- IT'S ONLY AN APPEARANCE TICKET. IT IS NOT AN
ACCUSATORY INSTRUMENT. AND FOR THAT REASON, MUNICIPALITIES ARE GOING
WITHOUT THE REVENUES FOR PARKING TICKETS. BUSINESSES IN DOWNTOWNS
THAT NEED PARKING TICKETS TO BE PAID AND ENFORCED TO KEEP TRAFFIC
FLOWING AND BUSINESS FLOWING ARE HAVING PROBLEMS WITH THE
ENFORCEMENT OF -- OF THESE TICKETS. AND THE DESCRIPTION WE HEARD AT THE
BEGINNING WAS ACTUALLY VERY ACCURATE, AND I THANK -- THROUGH THE CHAIR,
I THANK MR. GOODELL FOR THAT DESCRIPTION. WHERE WE DISAGREE IS WHAT
ARE THE IMPLICATIONS IF SOMEONE DOESN'T SHOW UP TO PAY THEIR PARKING
TICKET WITH A CHANGE OF THIS LAW. AND I'LL ALSO ADD, THE CHANGE IN THE
LAW PROVIDES MUCH MORE DETAIL ABOUT WHAT HAS TO BE IN A PARKING
TICKET, WHICH IS GOOD IN TERMS OF NOTICE AND WHATNOT. BUT WE HAVE AN
EXAMPLE NOW BECAUSE NEW YORK CITY-- WHICH IS NOT COVERED BY THESE
COURT DECISIONS BECAUSE THEY HAVE A PARKING VIOLATIONS BUREAU - ISSUES
TICKETS IN THE SAME WAY, AND WHEN SOMEONE DOESN'T SHOW UP, THEY ARE
NOT TREATED WITH THE KINDS OF ENFORCEMENT CONCERNS AND FEARS THAT
WE'VE HEARD ON THE FLOOR, PROPERLY RAISED, BUT WE THINK NOT ACCURATE IN
THIS CIRCUMSTANCE. SO MY RECOMMENDATION IS THAT EVERYBODY,
ESPECIALLY FOLKS ON LONG ISLAND AND IN THE HUDSON VALLEY, VOTE FOR THIS
BILL BECAUSE IT'S GOOD FOR THEIR LOCAL GOVERNMENTS. IT IS GOOD FOR THE
JUDGES THAT HAVE TO ENFORCE THESE LAWS. IT'S GOOD FOR PARKING, AND THIS
54
NYS ASSEMBLY MAY 13, 2019
WILL ALSO PROVIDE CLARITY STATEWIDE ON THE SIGNIFICANCE AND DUTY TO
COMPLY WITH A PARKING TICKET.
I THANK YOU FOR THE OPPORTUNITY TO SPEAK. THANK YOU,
MR. GOODELL.
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, IF WE
COULD NOW GO TO PAGE 27 AND TAKE UP CALENDAR NO. 217 BY MS. PAULIN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00458, CALENDAR NO.
217, PAULIN, ARROYO, COOK, GOTTFRIED, GALEF, STECK, OTIS. AN ACT TO
AMEND THE EXECUTIVE LAW, IN RELATION TO DIRECT DIALING TO PUBLIC
SERVICE ANSWERING POINTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MS. PAULIN, AN EXPLANATION IS REQUESTED.
MS. PAULIN: THANK YOU, MR. SPEAKER. THE BILL
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NYS ASSEMBLY MAY 13, 2019
REQUIRES THAT ALL PUBLIC BUILDINGS (MIC NOT ON) - OH, THANK YOU --THAT ALL
PUBLIC BUILDINGS OPERATING AN ON A MULTI- PURPOSE LINE TELEPHONE
SYSTEM CONFIGURE THEIR SYSTEM TO ALLOW USERS TO DIRECTLY DIAL 911.
ACTING SPEAKER AUBRY: MR. BARCLAY.
MR. BARCLAY: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS. I
THINK YOUR MIC MIGHT BE OFF. TRY TO FIX YOUR -- THERE WE GO. THANK
YOU.
MR. BARCLAY: CAN YOU HEAR ME? THANKS, AMY.
I THINK THE CONCERN THAT SOME OF US HAD IN WAYS AND MEANS, RIGHTFULLY
SO I THINK, IS HOW MUCH IS A MANDATE ON LOCALITIES OR ANY MUNICIPALITY
THAT HAS, YOU KNOW, A LINE THAT THEY HAVE TO CHANGE AND MAKE SURE THAT
THEY CAN DIAL DIRECTLY ON 911. DO YOU KNOW HOW MUCH THIS IS GOING TO
COST?
MS. PAULIN: WELL, TWO THINGS: ONE, IF IT REQUIRES
AN UPGRADE ON THEIR HARDWARE THEN WE DON'T -- WE EXEMPT THEM, WHICH
IS WHAT WOULD BE THE EXPENSE. IF -- IF IT'S ESSENTIALLY EASY, WHICH IS
WHAT THE TELECOMMUNICATIONS COMPANIES ARE TELLING US, THEN -- AND NOT
EXPENSIVE, THEN THAT'S THE DIFFERENCE. BUT IF IT'S A REAL HARDWARE, THAT
WOULD BE AN EXPENSIVE UPGRADE, SO WE'RE NOT -- WE'RE NOT REQUIRING
THAT.
MR. BARCLAY: SO JUST SO I UNDERSTAND. SO SAY
INTERNALLY YOU CAN JUST TAP SOMEBODY IN THE COMPUTER, NO LONGER HAVE
56
NYS ASSEMBLY MAY 13, 2019
TO DIAL A 9 TO GET OUT. THAT'S -- THIS WOULD MANDATE IT. OTHERWISE, YOU
WOULD HAVE TO -- IT WOULDN'T -- IT WOULDN'T BE MANDATED.
MS. PAULIN: IF YOU HAVE TO REPLACE YOUR SYSTEM,
NO.
MR. BARCLAY: OKAY.
MS. PAULIN: THEN IT WOULDN'T REQUIRE IT. BUT WHAT
WE DO REQUIRE INSTEAD IS FOR YOU TO POST SO THAT PEOPLE REALIZE IN ORDER
TO GET 911 WHAT THEY HAVE TO DO. BECAUSE THIS CAME OUT OF A REAL
INCIDENT WHERE THE -- THERE WAS A WOMAN WHOSE HUSBAND STALKED HER IN
HER WORKPLACE, AND SHE WAS IN A -- LOCKED IN HER BATHROOM OR LOCKED IN
THE BATHROOM OF THE FACILITY WHICH HAD A PHONE. SHE'S TRYING TO DIAL
911 AND DIDN'T REALIZE THAT SHE HAD TO DIAL 9 FIRST AND HE STABBED HER TO
DEATH. SO THAT'S WHERE IT CAME OUT OF.
MR. BARCLAY: I APPRECIATE THAT. THE ONLY
COMMENT I MAY HAVE ON THIS BILL - AND I DON'T KNOW IF YOU CAN ADDRESS
IT OR NOT - BUT, YOU KNOW, WE GET SO USED TO DIALING 9 - OR IN THIS
SITUATION IN OUR HOUSE, 2 - TO GET AN OUTSIDE LINE. SOMETIMES YOU MAY
- I DON'T WANT TO OVERTHINK THIS - YOU MAY BE DIALING THAT 9 BEFORE 911
OR THAT 2 BEFORE 911 TO GET OUT. HAVE YOU GIVEN ANY CONSIDERATION TO
THAT?
MS. PAULIN: WELL, THAT'S ALREADY REQUIRING THE
POSTING.
MR. BARCLAY: ALL RIGHT.
MS. PAULIN: SO, YOU KNOW, IF THEY CHANGE THE
SYSTEM, PRESUMABLY THEY DON'T -- THEY WOULDN'T JUST REALLY CHANGE IT FOR
57
NYS ASSEMBLY MAY 13, 2019
JUST 911.
MR. BARCLAY: AND THE POSTING HAS GOT TO BE
WHERE?
MS. PAULIN: THE POSTING --
MR. BARCLAY: ON EVERY PHONE?
MS. PAULIN: -- WOULD BE ON THE PHONE. SO THERE
WOULD BE A POSTING THAT SAYS THIS IS HOW YOU GET TO 911 IF IT ISN'T DIRECT.
MR. BARCLAY: ALL RIGHT. THANK YOU VERY MUCH,
AMY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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, COULD YOU
PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. OTIS FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MR. OTIS: GOOD EVENING. IMMEDIATELY FOLLOWING
THE CONCLUSION OF SESSION, THERE WILL BE A DEMOCRATIC CONFERENCE IN
58
NYS ASSEMBLY MAY 13, 2019
THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE CERTAINLY HAVE
BOTH.
ON BEHALF OF MS. LINDA ROSENTHAL, BILL NO. 1024,
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE PUBLIC HEALTH
LAW.
ACTING SPEAKER AUBRY: MOTION TO RECONSIDER
THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
WE HAVE NUMEROUS FINE RESOLUTIONS 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. 380-388
WERE UNANIMOUSLY ADOPTED.)
59
NYS ASSEMBLY MAY 13, 2019
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT (MIC NOT WORKING) UNTIL 2:00 P.M., TUESDAY, MAY 14TH, TOMORROW
BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 4:44 P.M., THE HOUSE STOOD ADJOURNED
UNTIL TUESDAY, MAY 14TH AT 2:00 P.M., THAT BEING A SESSION DAY.)
60