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.

                                          2



                    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.

                                         14



                    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,

                                         19



                    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.

                                         20



                    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?

                                         24



                    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.

                                         29



                    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

                                         46



                    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

                                         48



                    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

                                         50



                    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.

                                         51



                    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

                                         55



                    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.)



































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