TUESDAY, MAY 14, 2019 2:41 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 MONDAY, MAY 13TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MAY 14, 2019

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MAY THE 13TH AND

ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I JUST HAD A REALLY KIND OF BRIEF CONVERSATION WITH OUR

SPEAKER HEASTIE AND -- AND IT OCCURRED TO ME THAT IT MIGHT BE THE

APPROPRIATE TIME TO USE A QUOTE FROM STAR TREK II: THE WRATH OF KAHN.

THE QUOTE SAYS, MR. SPEAKER, "THE NEEDS OF THE MANY OUTWEIGH THE

NEEDS OF A FEW OR THE ONE." THAT IS BY MR. SPOCK, MR. SPEAKER.

THANK YOU SO MUCH.

IT IS NOW A PLEASURE TO MAKE OUR MEMBERS AWARE THAT

THERE IS A MAIN CALENDAR ON THE DESK AND AFTER WE HAVE DONE ANY

HOUSEKEEPING AND/OR INTRODUCTIONS, WE (INDICATING) --

ACTING SPEAKER AUBRY: I KNOW; IT'S DIFFICULT.

MRS. PEOPLES-STOKES: AFTER ANY INTRODUCTIONS

OR HOUSEKEEPING, WE WILL CONTINUE OUR CONSENT WITH NEW BILLS

BEGINNING WITH CALENDAR NO. 288, IT'S ON PAGE 24. WE WILL ALSO BE

TAKING UP OUR DOMESTIC VIOLENCE PACKAGE TODAY, AS WELL AS TAKING UP

OTHER BILLS OFF THE MAIN CALENDAR ON DEBATE. MEMBERS OF THE WAYS

AND MEANS COMMITTEE SHOULD BE PREPARED TO BE CALLED OFF THE FLOOR AT

SOME POINT TODAY. AND FOR OUR MAJORITY MEMBERS, THERE WILL BE A

NEED FOR A DEMOCRATIC CONFERENCE AT THE END OF SESSION. AND AS

ALWAYS, WE WILL CONSULT WITH OUR COLLEAGUES ON THE OTHER SIDE OF THE

NYS ASSEMBLY MAY 14, 2019

AISLE TO SEE WHAT THEIR NEEDS ARE.

SO, THAT'S THE GENERAL OUTLINE, MR. SPEAKER. IF THERE

ARE ANY INTRODUCTIONS OR HOUSEKEEPING, IT WOULD BE A GREAT TIME TO DO

IT.

ACTING SPEAKER AUBRY: CERTAINLY.

HOUSEKEEPING FIRST.

ON A MOTION BY MR. ABINANTI, PAGE 14, CALENDAR NO.

178, BILL A.01370-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF A [SIC] INTRODUCTION, MR. CROUCH.

MR. CROUCH: THANK YOU, MR. SPEAKER. I HAVE THE

HONOR AND PRIVILEGE OF INTRODUCING A GROUP FROM MY DISTRICT TODAY,

THEY COME FROM THE GREENE CENTRAL SCHOOL. IT'S SIX YOUNG LADIES THAT

ARE HERE TO LOOK AT GOVERNMENT, STUDY THE WAYS OF GOVERNMENT, AND

THEY ARE BEING SPONSORED HERE TODAY BY THE GREENE AMERICAN LEGION.

THE YOUNG LADIES THAT ARE PRESENT IS MAGGIE ROOSA, VALERIE

STRACQUADANIO - PROBABLY BUTCHERED THAT ONE - MAGGIE -- RENEE CLARK,

EMMA SMITH, RYLEE GOLLOGLY AND BRIANNA AUSTIN. SO IF YOU WOULD,

MR. SPEAKER, PLEASE WELCOME THESE YOUNG LADIES AND THE GREENE

AMERICAN LEGION AND GIVE THEM THE COURTESIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CROUCH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

YOUNG STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU

THE PRIVILEGES OF THE FLOOR, HOPE THAT THIS EXPERIENCE OF LEARNING ABOUT

GOVERNMENT HERE IN ALBANY WILL BE BENEFICIAL TO YOU. WE LOOK

FORWARD TO SEEING YOU BACK HERE AGAIN. THANK YOU SO VERY MUCH.

NYS ASSEMBLY MAY 14, 2019

(APPLAUSE)

MR. STERN FOR THE PURPOSES OF AN INTRODUCTION.

MR. STERN: THANK YOU, MR. SPEAKER. AND FOR

MYSELF AND FOR OUR COLLEAGUE, ASSEMBLYMAN ANDREW RAIA, IT IS A

PLEASURE AND REALLY A PRIVILEGE TO WELCOME MICHELLE "ANGEL" ATHENAS

OF HUNTINGTON TO OUR CHAMBERS TODAY. ANGEL IS A RECORD-BREAKING

FOUR-TIME GOLD MEDAL WINNING 2019 WORLD GAMES SPECIAL OLYMPIAN.

(APPLAUSE)

ANGEL WON FOUR GOLD MEDALS IN POWER LIFTING AT THE

2019 SPECIAL OLYMPICS WORLD GAMES IN ABU DHABI. SHE WON GOLD

FOR BENCH PRESS, SQUAT, DEADLIFT AND FOR CUMULATIVE WEIGHT TOTAL. PRIOR

TO THE SUCCESS OVERSEAS, ANGEL WON FOUR GOLD MEDALS IN POWER LIFTING

AT THE 2018 UNITED STATES SPECIAL OLYMPICS IN SEATTLE, AND SHE ALSO

BROKE THE WOMEN'S DEADLIFTING RECORD AT THE 2018 NEW YORK SPECIAL

OLYMPICS RIGHT HERE IN ALBANY. ANGEL HAS OVERCOME MANY CHALLENGES

TO REACH HER INCREDIBLE SUCCESS AND HAS TRIUMPHED OVER AUTISM,

ADHD AND BIPOLAR DISORDER THROUGH THE LOVE AND SUPPORT OF HER

FAMILY, AND THE SERVICES AND CARE PROVIDED BY FAMILY RESIDENCE AND

ESSENTIAL ENTERPRISES, OR FREE, AN OUTSTANDING PROGRAM ON LONG

ISLAND THAT SUPPORTS 4,000 INDIVIDUALS WITH INTELLECTUAL AND

DEVELOPMENTAL DISABILITIES. AND, MR. SPEAKER, I WOULD BE REMISS IF I

DID NOT MENTION JOHN PONCE, WHO HAS PLAYED SUCH AN IMPORTANT ROLE IN

ANGEL'S LIFE, WHO DISCOVERED HER PASSION FOR WEIGHTLIFTING IN HIGH

SCHOOL AND TRAINED SIX DAYS A WEEK FOR HOURS EACH DAY TO REACH HER

HIGHEST POTENTIAL.

NYS ASSEMBLY MAY 14, 2019

SHE'S ALSO A MODEL CITIZEN, VOLUNTEERING AT A LOCAL

HORSE STABLE, WITH ONE OF OUR LOCAL CHURCHES AND AIDING SENIORS AT

ASSISTED LIVING COMMUNITY. ANGEL'S MADE HER MARK ON THE WORLD

THROUGH HER ENDLESS PERSEVERANCE AND IS A TRUE INSPIRATION TO US ALL.

SHE'S ACCOMPANIED TODAY, MR. SPEAKER, TO THE CHAMBER BY HER

PARENTS, GERI AND BOB. PLEASE, MR. SPEAKER, WOULD YOU OFFER ALL OF THE

CORDIALITIES OF THE HOUSE AND THE PRIVILEGES OF THE FLOOR TO GOLD

MEDALIST AND WORLD CHAMPION ANGEL ATHENAS.

(APPLAUSE)

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. STERN, MR. RAIA, THE SPEAKER AND ALL THE MEMBERS, ANGEL, WE

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

PRIVILEGES OF THE FLOOR. ALSO EXTEND TO YOU OUR ADMIRATION FOR THE

WORK THAT YOU'VE DONE TO ACHIEVE ALL THESE LOFTY GOALS. WE KNOW IT CAN

ONLY LEAD YOU TO GREATER AND BIGGER THINGS AS YOU PROCEED IN LIFE. JUST

REMEMBER THAT YOU CAN DO IT. THANK YOU SO VERY MUCH. WE'RE HAPPY

TO HAVE YOU.

(APPLAUSE)

MS. WALKER FOR AN INTRODUCTION.

MS. WALKER: THANK YOU, MR. SPEAKER. TODAY,

MORE THAN 100 ADVOCATES FROM NEW YORK'S DOMESTIC VIOLENCE

PROGRAMS AND DOMESTIC VIOLENCE SURVIVORS HAVE TRAVELED ACROSS THIS

STATE TO COME TOGETHER TODAY. THEY REPRESENT THE NEW YORK STATE

COALITION AGAINST DOMESTIC VIOLENCE AND THEY'RE HERE TO EDUCATE

LEGISLATORS AND RAISE AWARENESS ABOUT DOMESTIC VIOLENCE ISSUES. THEY

NYS ASSEMBLY MAY 14, 2019

ARE HERE TO LET US KNOW THAT WHAT'S NEEDED AND HOW WE CAN BETTER

SUPPORT DOMESTIC VIOLENCE VICTIMS AND THEIR FAMILIES.

WE ARE JOINED IN THE CHAMBER TODAY BY THE STAFF OF

THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE. THE

COALITION SERVES AS THE FEDERALLY-DESIGNATED INFORMATION

CLEARINGHOUSE, PRIMARY POINT OF CONTACT AND RESOURCE ON DOMESTIC

VIOLENCE FOR THE STATE OF NEW YORK. IT WAS ESTABLISHED IN 1978 AND

THE COALITION IS RESPONSIBLE FOR SUPPORTING THE DEVELOPMENT OF

POLICIES, PROTOCOLS AND PROCEDURES TO ENHANCE DOMESTIC VIOLENCE

INTERVENTION AND PREVENTION AND TO PROVIDE EDUCATION AND TECHNICAL

ASSISTANCE TO THE NETWORK OF PRIMARY PURPOSE DOMESTIC VIOLENCE

SERVICE PROVIDERS STATEWIDE.

I WOULD LIKE TO WELCOME CONNIE NEAL, WHO IS THE

EXECUTIVE DIRECTOR OF THE NEW YORK STATE COALITION AGAINST DOMESTIC

VIOLENCE, AND HER STAFF: FRAN BIALY, CHAIR OF THE COALITION'S BOARD OF

DIRECTORS AND EXECUTIVE DIRECTOR OF A NEW HOPE CENTER IN WESTERN

NEW YORK, AND KELLY COYNE, VICE CHAIR OF THE COALITION'S BOARD OF

DIRECTORS AND VICE PRESIDENT OF DOMESTIC VIOLENCE SHELTERS OF SAFE

HORIZONS IN NEW YORK CITY. THANK YOU FOR BEING HERE WITH US TODAY

AND THANK YOU FOR REMINDING US HOW CRITICAL IT IS THAT WE REMEMBER

DOMESTIC VIOLENCE SURVIVORS AND THEIR FAMILIES. WE MUST DO

EVERYTHING IN OUR POWER TO KEEP THEM SAFE AND ENSURE THAT NOT ONE

SURVIVOR IS TURNED AWAY FROM OBTAINING SERVICES. PLEASE, MR. SPEAKER,

WELCOME TO THE PEOPLE'S HOUSE.

(APPLAUSE)

NYS ASSEMBLY MAY 14, 2019

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

ON BEHALF OF MS. WALKER, 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, OUR GRATITUDE FOR

THE WORK THAT YOU DO TO HELP THOSE WHO CANNOT HELP THEMSELVES. AND,

SIR, SHE PAID YOU A TRIBUTE BY KEEPING YOU IN WITH THE SISTERS. THANK

YOU SO VERY MUCH. HAPPY TO HAVE YOU.

(APPLAUSE)

MR. JACOBSON.

MR. JACOBSON: THANK YOU, MR. SPEAKER. IT IS MY

PRIVILEGE AND HONOR TO INTRODUCE THE POUGHKEEPSIE HIGH SCHOOL

BASKETBALL TEAM, THE 2018-2019 CLASS A NEW YORK STATE CHAMPIONS.

THIS IS THE FIRST CHAMPIONSHIP FOR THE SCHOOL SINCE 1995. THEY BEAT

UNDEFEATED PITTSFORD MENDON 69-59 AND FINISHED WITH AN OVERALL 25-3

RECORD. OUR -- JOINING THEM TODAY IS THEIR INCREDIBLE COACHING STAFF,

INCLUDING HEAD COACH CODY MOFFETT; ASSISTANT COACH JULIUS COX AND

DENNIS DEAN. THE MEMBERS OF THE TEAM THAT ARE HERE TODAY ARE:

JAMAR CAMPBELL, JAMIK CARTER, JAVEL CHERRY, NIYAL GOINS, SHELVON

GRANT, JAHQUEL HARVARD, YANIQUE JACKSON, TREMELL REAVES, ANDREW

SMALL, DAVONTREY THOMPSON AND DENZEL WHEELER. AND I THINK THAT

THE COACHES, WHILE THEY'RE VERY PROUD OF THIS HARD-WON CHAMPIONSHIP,

ARE JUST AS PROUD BECAUSE ALL OF THE SENIORS HAVE BEEN ACCEPTED INTO

COLLEGE.

(APPLAUSE)

AND SO, MR. SPEAKER, WOULD YOU PLEASE WELCOME AND

NYS ASSEMBLY MAY 14, 2019

EXTEND THE COURTESIES OF THE HOUSE TO THE POUGHKEEPSIE HIGH SCHOOL

BASKETBALL TEAM.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. JACOBSON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

EXTRAORDINARY BASKETBALL TEAM HERE TO THE NEW YORK STATE ASSEMBLY,

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. CONGRATULATIONS TO YOU

SENIORS. IT IS SO IMPORTANT THAT YOU CONTINUE YOUR EDUCATION, NO MATTER

WHERE BASKETBALL MIGHT TAKE YOU, THE EDUCATION WILL BE WITH YOU LONG

AFTER YOU STOP PLAYING. PLEASE CONTINUE THAT. FOR THOSE OF YOU WHO ARE

JUNIORS AND SOPHOMORES, LEARN THAT LESSON. STUDY, STAY STRONG AND PLAY

WELL. THANK YOU SO VERY MUCH.

(APPLAUSE)

(PAUSE)

MR. GOODELL FOR THE PURPOSES OF A [SIC] INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT IS MY PLEASURE TO INTRODUCE TO THE CHAMBER LIEUTENANT

SAM QUATTRONE. MR. QUATTRONE, LIEUTENANT, IS STATIONED AT FORT DRUM

HERE IN NEW YORK STATE. HE'S PART OF A GROUP OF SOLDIERS THAT ARE HERE

WITH A DEMONSTRATION IN THE WELL SO IF ANY OF YOU HAVEN'T THAT SEEN YET,

IT'S A GREAT DEMONSTRATION ON WHAT THEY CAN DO AND WHAT THEY -- THEIR

SERVICE THEY CAN PROVIDE DEFENDING ALL OF US IN THE GREAT STATE OF NEW

YORK.

JUST A LITTLE BIT OF A PERSONAL SIDE, THOUGH, LIEUTENANT

QUATTRONE'S FATHER WAS JUST ELECTED AS THE NEW SHERIFF IN CHAUTAUQUA

COUNTY. SO, UNFORTUNATELY FOR HIM, HE REALLY COULDN'T GET AWAY WITH

NYS ASSEMBLY MAY 14, 2019

THAT MUCH WHEN HE WAS GROWING UP, HE HAD TO KIND OF TOW THE LINE, BUT

HE CERTAINLY TURNED INTO A GREAT ASSET TO NOT ONLY CHAUTAUQUA COUNTY,

BUT TO OUR STATE AND COUNTRY, AS WELL. SO IF YOU WOULD EXTEND THE

CORDIALITIES, I WOULD CERTAINLY APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, LIEUTENANT, WE

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

PRIVILEGES OF THE FLOOR, AND ALSO TO ALL THE OTHER SOLDIERS WHO HAVE

JOINED YOU TODAY, WE ALWAYS APPRECIATE THE FORT DRUM EXHIBITION THAT

WE HAVE. THANK YOU AGAIN FOR YOUR SERVICE. WE LOOK FORWARD TO YOU

SHARING WITH US AND CONTINUING TO PROTECT US AS WE GO ON. THANK YOU

SO VERY MUCH.

(APPLAUSE)

(PAUSE)

FOR PURPOSES OF A [SIC] INTRODUCTION, MR. PHILLIP

STECK.

MR. STECK: THANK YOU VERY MUCH MR. SPEAKER.

I'M VERY PLEASED TO WELCOME MADISON VANDENBURG. I SEE A NUMBER OF

THE MEMBERS ALREADY KNOW WHO SHE IS. SHE'S OUR HOMETOWN SENSATION

FROM THE SHAKER HIGH SCHOOL IN THE TOWN OF COLONIE WHO, ALONG WITH

100,000 OTHER HOPEFULS, AUDITIONED FOR AMERICAN IDOL BACK IN OCTOBER

2018. SINCE THEN, SHE HAS MADE IT THROUGH THE MANY ELIMINATION

ROUNDS AND IS NOW A FINALIST ALONG WITH TWO OTHER HOPEFULS. MADISON

IS JOINED TODAY BY HER DAD, SKIP VANDENBURG, AND SISTER, TAYLOR

VANDENBURG. ALTHOUGH I MUST CONFESS I AM NOT AN AVID IDOL FAN, I'VE

NYS ASSEMBLY MAY 14, 2019

BEEN WATCHING MADISON VERY, VERY CLOSELY. I WAS DRAWN TO HER

PERFORMANCES WHEN ATTENDING A VIEWING EVENT AT SHAKER HIGH SCHOOL,

AND MY FAVORITE PERFORMANCE WAS HER RENDITION OF "I SURRENDER" BY

CELINE DION, SHE REALLY KILLED IT. AND I FEEL IT PROPELLED HER INTO THE

POSITION SHE IS NOW, ALTHOUGH I KNOW THAT SHE'S A HUGE FAN OF PAT

BENATAR, AND I WAS ALSO VERY IMPRESSED WITH THE COVERS OF

"HEARTBREAKER" AND "WE BELONG".

MADISON BEGAN HER PERFORMING CAREER -- YOU KNOW,

WE DID NOT HAVE HER DOWN AT THE KARAOKE LAST NIGHT, I THINK SHE WOULD

HAVE PUT US ALL QUITE TO SHAME. SHE BEGAN HER PERFORMING CAREER AT THE

AGE OF 8 YEARS OLD. SHE LEARNED HOW TO PLAY BOTH THE PIANO AND SING AT

THE SAME TIME. MADISON ADDED ON GUITAR AT AGE TEN. BY THE TIME SHE

WAS 12, SHE WAS PLAYING TO CROWDS OF HUNDREDS, AND AT AGE 15 STARTED

PLAYING IN LOCAL CLUBS. LATER TODAY, THERE WILL BE A PARADE AND

PERFORMANCE IN MADISON'S HONOR AT THE CROSSINGS OF COLONIE, OUR

LARGE TOWN PARK IN THE MIDDLE OF TOWN; I WISH THE WEATHER WOULD BE A

LITTLE BIT MORE COOPERATIVE. THEN, IT IS BACK TO HOLLYWOOD FOR

MADISON. I WISH HER THE BEST OF LUCK IN THE NEXT FEW WEEKS. I KNOW

THAT NEW YORK STATE WILL BE ROOTING FOR YOU, AND THANK YOU VERY MUCH

FOR PUTTING THE TOWN OF COLONIE ON THE ENTERTAINMENT MAP.

(APPLAUSE)

ACTING SPEAKER AUBRY: ON BEHALF OF MR.

PHILLIP STECK, THE SPEAKER AND ALL THE MEMBERS, MADISON, WE WELCOME

YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR, YOU AND YOUR FATHER. WE ARE SO VERY PROUD OF

NYS ASSEMBLY MAY 14, 2019

YOU. WE WISH YOU SO MUCH SUCCESS IN YOUR ENDEAVORS, BUT NO MATTER

WHAT HAPPENS, YOU PUT A SHINE ON THE CAPITAL AREA AND WE HOPE YOU

WILL CONTINUE TO DO THAT. THANK YOU SO VERY MUCH FOR SHARING YOUR

TALENT.

(APPLAUSE)

MRS. PEOPLES-STOKES: RESOLUTIONS. MR.

SPEAKER, IF WE CAN NOW GO TO RESOLUTIONS ON PAGE 3.

ACTING SPEAKER AUBRY: CERTAINLY. THE CLERK

WILL READ RESOLUTIONS.

THE CLERK: ASSEMBLY RESOLUTION NO. 389, MS.

WALKER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 14, 2019, AS DOMESTIC VIOLENCE

AWARENESS PREVENTION DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. WALKER ON THE

RESOLUTION.

MS. WALKER: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ONE MINUTE. LET'S LET

THEM SETTLE DOWN, MS. WALKER.

PROJECT, AND WE CAN MAKE IT THROUGH.

MS. WALKER: OKAY.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALKER: THANK YOU. AND THANK YOU -- A VERY

SPECIAL THANK YOU TO OUR SERGEANT-AT-ARMS, AS WELL, FOR ALLOWING THE

PROPER MODE AND MOOD TO BE SET HERE AS WE EMBARK ON THIS VERY

NYS ASSEMBLY MAY 14, 2019

IMPORTANT RESOLUTION. I AM REMINDED OF A DEAR FRIEND OF MINE WHOSE

LIFE WE LOST VERY RECENTLY, ERICA RENAUD. ERICA WAS A BROOKLYNITE, A

SISTER, A FRIEND, AN AUNTIE AND A LOVER OF ALL THINGS MUSIC.

UNFORTUNATELY, SHE FELL IN LOVE WITH A MAN WHOSE LOVE KNEW NO LIMIT.

AND WHEN IT WASN'T POSSIBLE FOR HIM TO CARRY ON HIS LOVE WITH ERICA, HE

TOOK HER LIFE IN A BROOKLYN APARTMENT AND THEN ATTEMPTED TO TAKE HIS

OWN, BUT THAT WASN'T ABLE TO BE ACCOMPLISHED. AND WE RECOGNIZE THAT

TODAY, ERICA IS ONE OF MANY OTHER WOMEN ACROSS OUR STATE WHO ARE

VICTIMS OF DOMESTIC VIOLENCE, SOME LETHALLY, SOME DEADLY, AND SOME

ARE STILL LIVING WITH THIS MONSTER RIGHT NOW.

EVERY MINUTE, 24 PEOPLE ARE VICTIMS OF RAPE, PHYSICAL

VIOLENCE OR STALKING BY AN INTIMATE PARTNER IN THE UNITED STATES. THIS

MEANS MORE THAN 12 MILLION PEOPLE EACH YEAR EXPERIENCE VIOLENCE

FROM AN INTIMATE PARTNER. FURTHER, ONE-IN-FOUR WOMEN AND

ONE-IN-SEVEN MEN OVER THE AGE OF 18 WILL EXPERIENCE PHYSICAL VIOLENCE

BY AN INTIMATE PARTNER IN THEIR LIFETIME. MORE ALARMING, NEW YORK HAS

HAD THE GREATEST DEMAND FOR DOMESTIC VIOLENCE SERVICES FOR THREE YEARS

IN A ROW. IN A NATIONAL CENSUS PERFORMED EACH YEAR BY THE NATIONAL

NETWORK TO END DOMESTIC VIOLENCE, 7,148 SURVIVORS IN NEW YORK

REQUESTED SERVICES IN JUST ONE DAY IN 2017, THE MOST RECENT YEAR DATA IS

AVAILABLE.

WE KNOW THAT DOMESTIC VIOLENCE DOES NOT

DISCRIMINATE. A PERSON OF ANY RACE, AGE, GENDER, SEXUAL ORIENTATION,

INCOME AND OCCUPATION CAN EXPERIENCE DOMESTIC VIOLENCE. ANYONE

CAN BE A VICTIM. SO, TODAY, WE ARE PROUDLY PRESENTING TO YOU A RESA --

NYS ASSEMBLY MAY 14, 2019

A RESOLUTION, PROCLAIMING MAY 14TH AS DOMESTIC VIOLENCE AWARENESS

AND PREVENTION DAY, AWARENESS BECAUSE WE HAVE TO REMAIN AWARE OF

THE THOUSANDS OF INDIVIDUALS ACROSS OUR STATE WHO EXPERIENCE INTIMATE

PARTNER VIOLENCE EACH AND EVERY DAY, WHO LIVE IN FEAR FOR THEIR LIVES OR

THE LIVES OF THEIR CHILDREN, WHO ARE CONTROLLED BY THEIR PARTNERS, WHO

MUST REMAIN WITH ABUSERS IN ORDER TO PUT FOOD ON THEIR TABLE OR TO

AVOID HOMELESSNESS; AND PREVENTION, BECAUSE PUBLIC HEALTH RESEARCH

HAS SHOWN THAT THE USE OF PREVENTION STRATEGIES AT MULTIPLE LEVELS FROM

INDIVIDUAL TO COMMUNAL SOCIETY WILL LEAD TO SOCIAL CHANGE. PREVENTION

STRATEGIES CAN CHANGE SOCIAL AND COMMUNITY NORMS TO PROMOTE HEALTHY

AND EQUITABLE BEHAVIOR.

THESE STRATEGIES ARE NOT THE ONLY WAY TO STOP DOMESTIC

VIOLENCE FROM OCCURRING IN THE FIRST PLACE. NEW YORK'S DOMESTIC

VIOLENCE PROGRAMS ARE ON THE FRONT LINES OF THIS SOCIETAL SHIFT BY

PROVIDING COMPREHENSIVE, LIFE-SAVING SERVICES AND CRITICAL SUPPORT TO

SURVIVORS OF DOMESTIC VIOLENCE. AND LASTLY, JUST THINK ABOUT THAT FOR A

MOMENT. LET THAT SINK IN. AS WE'VE ALREADY INDICATED, MORE THAN

7,100 WOMEN AND MEN HAVE MADE PHONE CALLS TO DOMESTIC VIOLENCE

HOTLINES ON ONE DAY IN NEW YORK -- IN 2017. WHY? BECAUSE THEY

NEEDED HELP. NOW, THINK ABOUT WHAT COULD HAPPEN TO THOSE 7,100

INDIVIDUALS IF HELP WASN'T AVAILABLE. WELL, THAT'S WHAT HAPPENED TO 852

OF THEM. TWELVE PERCENT OF THE PEOPLE WHO CALLED THE HOTLINE WERE

TOLD THAT THE SERVICES THEY WERE ASKING FOR, THE SERVICES THAT THEY

NEEDED WERE NOT AVAILABLE. AND WHY NOT?

SO TOGETHER, AS A LEGISLATURE, WE HAVE TO DO BETTER.

NYS ASSEMBLY MAY 14, 2019

WE WILL DO BETTER. THANK YOU, MR. SPEAKER.

(APPLAUSE)

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

(APPLAUSE)

THE CLERK: ASSEMBLY RESOLUTION NO. 390, MR.

BENEDETTO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 14TH, 2019, AT CHILDHOOD

APRAXIA OF SPEECH AWARENESS 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. 391, MR.

BLANKENBUSH.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 14TH, 2019, AS 10TH MOUNTAIN

DIVISION AND FORT DRUM 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. 392, MR.

CYMBROWITZ.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.

NYS ASSEMBLY MAY 14, 2019

CUOMO TO PROCLAIM MAY 2019, AS STROKE AWARENESS 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.

THE CLERK: ASSEMBLY RESOLUTION NO. 393, MR.

BYRNE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2019, AS WATER SAFETY

AWARENESS 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.

MS. -- I'M SORRY. MR. BYRNE ON THE RESOLUTION.

MR. BYRNE: I RISE TODAY JUST TO SPEAK ON THIS

RESOLUTION TO HELP RAISE AWARENESS FOR THE NEED FOR BOATER AND WATER

SAFETY THROUGHOUT OUR STATE. THIS RESOLUTION, I FIRST INTRODUCED IT A

COUPLE OF YEARS BACK AFTER SPEAKING TO ONE OF THE OWNERS OF A LOCAL

MARINA AROUND LAKE MAHOPAC. IT WAS ALSO A COUPLE OF YEARS AFTER OUR

COMMUNITY LOST A 14-YEAR-OLD GIRL TO A DROWNING IN THE LAKE.

AND A LOT OF FOLKS MAY NOT UNDERSTAND OR -- OR REALIZE

THE MAGNITUDE OF THIS ISSUE. ACCORDING TO THE CENTER FOR DISEASE

CONTROL, THE CDC, ABOUT TEN PEOPLE DIE FROM DROWNINGS EVERY -- EVERY

DAY, AND ONE OUT OF FIVE PEOPLE WHO DIE FROM THOSE DROWNINGS ARE

CHILDREN 14 YEARS AND YOUNGER. SO, IT'S IMPORTANT TO RAISE AWARENESS

NYS ASSEMBLY MAY 14, 2019

FOR WATER SAFETY, FOR BOATER SAFETY, SWIMMING IN DESIGNATED AREAS WITH

LIFEGUARDS, WEARING PFDS, LIFEJACKETS, PRESERVERS, BUT ALSO FOR US AS

LEGISLATORS JUST TO RAISE AWARENESS AND -- AND PROMOTE THINGS LIKE WATER

SAFETY COURSES. I KNOW I'M PARTNERING WITH ONE OF MY LOCAL SHERIFFS IN

PUTNAM COUNTY DOING A BOATER SAFETY COURSE LATER IN JUNE. AND THE --

THE MORE WE DO TO RAISE AWARENESS ON THIS INITIATIVE IS JUST BETTER FOR

EVERYBODY.

I WANT TO THANK MY COLLEAGUES FOR SUPPORTING THIS

RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU, MR.

BYRNE.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

MR. DINOWITZ FOR THE PURPOSES OF A [SIC] INTRODUCTION.

MR. DINOWITZ: THANKS, MR. SPEAKER. I AM VERY

PLEASED TO INTRODUCE SOME OF THE LEADERS OF THE NEW YORK STATE -- THE

WOMEN'S BAR ASSOCIATION OF THE STATE OF NEW YORK. THEY ARE

DEDICATED TO THE ADVANCEMENT OF WOMEN IN LAW AND SOCIETY. ITS

MEMBERS INCLUDE JUDGES, ATTORNEYS AND LAW STUDENTS, AND THEY HAVE 20

CHAPTERS THROUGHOUT THE STATE OF NEW YORK, INCLUDING A STRONG LOCAL

PRESENCE. AND ON THE STATEWIDE LEVEL, THEY SPEAK AS ONE VOICE FOR

EQUAL ACCESS TO JUSTICE AND GENDER EQUITY. THEY SUPPORT THE RIGHTS OF

WOMEN AND GIRLS WORLDWIDE. THEY IMPACT -- THEIR IMPACT WITH RESPECT

TO THE ISSUES OF STATEWIDE, NATIONAL AND INTERNATIONAL SIGNIFICANCE TO

WOMEN HAVE PROVEN THEM TO BE LEADERS IN LAW AND POLICY WITH A LONG

NYS ASSEMBLY MAY 14, 2019

AND HONORED ROLE OF MAKING LIKE BETTER FOR WOMEN WORLDWIDE.

THE ASSOCIATION HAS BEEN IN THE FOREFRONT OF CHANGING

LAWS IN THE AREAS OF DOMESTIC VIOLENCE AND ACHIEVING EQUITY IN

MARRIAGE DISSOLUTION, IN ACHIEVING FAIRNESS IN CUSTODY DECISIONS AND

THE INITIATIVE AGAINST CRIMES OF SEXUAL VIOLENCE, AND AGAINST SEXUAL

DISCRIMINATION IN EMPLOYMENT. AND THEY WILL CONTINUE TO BE IN THE

FOREFRONT OF MAKING POLICY ON ISSUES AFFECTING WOMEN, CHILDREN AND

FAMILY. AND THEIR LEADERSHIP HAS HAD A PROFOUND AND LASTING IMPACT ON

OUR STATE.

SO, MR. SPEAKER, IF YOU WOULD GIVE THEM A VERY WARM

WELCOME, I WOULD MOST APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DINOWITZ, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

DISTINGUISHED WOMEN -- GROUP OF WOMEN FROM THE BAR ASSOCIATION

HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. WE COMMEND YOU ON THE WORK THAT YOU'RE

DOING. CONTINUE THAT GREAT WORK. YOU ARE ALWAYS WELCOME HERE.

THIS IS THE PEOPLE'S HOUSE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. ON BEHALF OF ASSEMBLYMAN STEVE HAWLEY, IT'S MY PLEASURE

TO INTRODUCE TO US THE KENDALL JUNIOR/SENIOR HIGH SCHOOL STUDENTS WHO

ARE VISITING ALBANY TODAY. THEY ARE UP THERE IN THE BALCONY. THEY'RE

ACCOMPANIED BY THEIR PRINCIPAL, KEVIN WATSON; THEIR NURSE, BETHANY

NYS ASSEMBLY MAY 14, 2019

MASON, AND A COUPLE OF TEACHERS AND CHAPERONES, CAITLYN CURTIS AND

JESS PARIZEK. IF YOU WOULD EXTEND THE COURTESIES OF OUR HOUSE TO THE

KENDALL JUNIOR/SENIOR HIGH SCHOOL STUDENTS WHO ARE HERE AS GUESTS OF

ASSEMBLYMAN STEVE HAWLEY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMAN HAWLEY, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THESE DISTINGUISHED STUDENTS HERE TO THE NEW YORK STATE

ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU

HAVE ENJOYED YOUR TRIP, HOPE THAT YOU HAVE ENJOYED THE PROCEEDINGS

THAT YOU'VE SEEN, CONTINUE TO GROW AND COME BACK AND VISIT US OFTEN.

THANK YOU SO VERY MUCH. AND THANK YOU FOR BOTH TEACHERS AND

PARENTS WHO'VE ACCOMPANIED YOU. THANK YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE CAN NOW GO TO PAGE 24 AND BEGIN OUR WORK ON

CALENDAR NO. 281, LEGISLATION THAT IS SPONSORED BY MR. ABINANTI.

MR. SPEAKER, WE'RE GOING TO --

ACTING SPEAKER AUBRY: SHH. LADIES AND

GENTLEMEN, PLEASE.

MRS. PEOPLES-STOKES: IF WE COULD -- MY

APOLOGIES. IF WE COULD GO TO CALENDAR NO. 288, MR. DINOWITZ.

ACTING SPEAKER AUBRY: THE CLERK WILL READ,

CALENDAR NO. 288.

THE CLERK: ASSEMBLY NO. A03534, CALENDAR NO.

NYS ASSEMBLY MAY 14, 2019

288, DINOWITZ, M. G. MILLER, ABINANTI, WEPRIN, COLTON. AN ACT TO

AMEND THE JUDICIARY LAW AND THE LABOR LAW, IN RELATION TO CREATING

ADDITIONAL REMEDIES FOR UNLAWFUL DISCHARGE, PENALTY OR DISCRIMINATION

ON ACCOUNT OF THE EXERCISE OF A JUROR'S RIGHT TO BE ABSENT FROM

EMPLOYMENT FOR JURY DUTY.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03918, CALENDAR NO.

289, MCDONALD, D'URSO, BRAUNSTEIN, WILLIAMS, SEAWRIGHT, COOK,

CAHILL, RIVERA, ARROYO, BLANKENBUSH, RAIA, RA, LAWRENCE, MORINELLO,

GOTTFRIED, BLAKE, FAHY, OTIS, HAWLEY, TAYLOR, SAYEGH, ASHBY,

PICHARDO, SMULLEN, WALCZYK, STIRPE. AN ACT TO AMEND THE PUBLIC

HEALTH LAW AND THE EDUCATION LAW, IN RELATION TO THE DISPENSING OF

PARTIALLY FILLED PRESCRIPTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,

THIS IS OUR FIRST VOTE OF TODAY. IF MEMBERS COULD -- ARE IN AND AROUND

THE CHAMBERS, IF YOU COULD PLEASE CAST YOUR VOTE WITH SOME QUICKNESS,

WE CAN MOVE ON TO OUR -- THE NEXT ITEM ON OUR AGENDA. AGAIN, THIS IS

THE FIRST VOTE OF THE DAY, MR. SPEAKER.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

NYS ASSEMBLY MAY 14, 2019

MEMBERS. PLEASE COME IN THE CHAMBER AND VOTE.

ACTING SPEAKER PICHARDO: 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 YOU

COULD PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM.

ACTING SPEAKER PICHARDO: WAYS AND

MEANS, SPEAKER'S CONFERENCE ROOM, THE CHAIRWOMAN IS ON HER WAY

AND EAGERLY WAITING FOR MEMBERS TO ATTEND.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03972, CALENDAR NO.

290, AUBRY, JAFFEE, BRONSON, WEPRIN, DE LA ROSA. AN ACT TO AMEND

THE EXECUTIVE LAW, IN RELATION TO REQUIRING EMPLOYERS TO MAKE A

CONDITIONAL OFFER OF EMPLOYMENT BEFORE INQUIRING ABOUT ANY CRIMINAL

CONVICTIONS OF A PROSPECTIVE EMPLOYEE.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04064, CALENDAR NO.

291, HYNDMAN, WILLIAMS, TAYLOR, RIVERA, DICKENS, D'URSO, MOSLEY,

GOTTFRIED, MONTESANO, LAWRENCE, GALEF, STECK, RAIA, ARROYO, WALLACE,

STIRPE. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO REGISTERED

DENTAL ASSISTING.

NYS ASSEMBLY MAY 14, 2019

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.)

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 CAN

BEGIN OUR DOMESTIC VIOLENCE PACKAGE NOW. I'M GOING TO ASK IF WE

CAN START AT CALENDAR NO. 58, WHICH IS THE ZEBROWSKI BILL. THEN WE'RE

GOING TO GO TO CALENDAR NO. 63 BY MR. LAVINE, AND THEN CALENDAR NO.

67 BY MS. PAULIN.

ACTING SPEAKER PICHARDO: THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A01945, CALENDAR NO.

58, ZEBROWSKI, GALEF, CAHILL, COLTON, ABBATE, GUNTHER, M.G. MILLER,

SEAWRIGHT, BICHOTTE, BRONSON, OTIS, WEPRIN, WALLACE, CRUZ, JAFFEE,

GRIFFIN. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION

TO ESTABLISHING A TIME PERIOD IN WHICH AN ACTION TO RECOVER DAMAGES

FOR INJURY ARISING FROM DOMESTIC VIOLENCE MUST BE BROUGHT.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

NYS ASSEMBLY MAY 14, 2019

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER.

DOMESTIC VIOLENCE, AS WE HEARD EARLIER IN THE

ELOQUENT EXPLANATION AROUND OUR RESOLUTION, CAN BE A CRIME THAT

COMPLETELY UPENDS A PERSON'S LIFE. FROM HOUSING TO CHILD ISSUES, THE --

THE ALL-ENCOMPASSING NATURE OF THESE CRIMES IS SOMETHING THAT WE NEED

TO LOOK AT ALL OF OUR LAWS. WHAT THIS BILL WOULD DO WOULD BE TO EXTEND

THE STATUTE OF LIMITATIONS BY WHICH A VICTIM CAN SUE THEIR ABUSER FROM

ONE YEAR TO TWO YEARS, THEREBY GIVING SOMEBODY THE OPPORTUNITY TO GET

THEIR LIFE IN ORDER, TO AVAIL THEMSELVES OF SERVICES, TO GET NEW HOUSING,

TO DEAL WITH CHILD ISSUES, TO DEAL WITH ALL THE ISSUES THAT SOMEBODY HAS

TO DEAL WITH WHEN, UNFORTUNATELY, THEY'RE DEALING WITH ONE OF THESE

CIRCUMSTANCES. THAT OFTENTIMES CAN TAKE SIX MONTHS, EIGHT MONTHS,

TEN MONTHS OR A YEAR. THIS WOULD THEN ALLOW THEM TO ASSESS THEIR

SITUATION AND, IF POSSIBLE, SUE THEIR ABUSER IN CIVIL COURT. THIS WOULD

DOUBLE THE AMOUNT OF TIME THAT WOULD BE AVAILABLE TO A VICTIM. I'LL BE

VOTING IN THE AFFIRMATIVE AND I WOULD ASK MY COLLEAGUES TO JOIN ME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: MR. ZEBROWSKI IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MAY 14, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

INTERRUPT THE CEREMONIES FOR ONE -- PROCEDURES, RATHER, FOR ONE MOMENT

TO INTRODUCE A GROUP OF VERY SUPERSMART YOUNG PEOPLE WHO ARE IN OUR

CHAMBERS ABOVE YOU. THEY ARE THE NATIONAL JUNIOR HONOR SOCIETY

FROM ORANGE COUNTY, NEW YORK, THE WEST VALLEY -- THE VALLEY

CENTRAL MIDDLE SCHOOL. AND THEY INCLUDE TWO STUDENTS THAT ARE

RELATIVES OF ONE OF THE GREAT STAFFERS HERE IN OUR CHAMBERS, ANGELINA

AND ISABELLA VARGAS. WOULD YOU PLEASE WELCOME THEM TO OUR

CHAMBERS ON BEHALF OF THE SPEAKER AND ALL THE MEMBERS AND, OF

COURSE, THEIR DAD, HOWARD, AS WELL.

ACTING SPEAKER PICHARDO: CERTAINLY. ON

BEHALF OF MRS. PEOPLES-STOKES, THE SPEAKER, ALL THE MEMBERS, AND TO

THE VARGAS KIDS, WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. FAMILY IS

ALWAYS WELCOME HERE IN THE CHAMBER. YOU ARE ALWAYS EXTENDED THE

PRIVILEGES OF THE FLOOR AND THE COURTESIES OF THE HOUSE. WELCOME

BACK. COME BACK AGAIN AND CONTINUE TO BE SHINING EXAMPLES AND

YOUNG LEADERS FOR OUR COMMUNITY AND FOR OUR STATE. THANK YOU SO

VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02850-A, CALENDAR

NYS ASSEMBLY MAY 14, 2019

NO. 63, LAVINE, OTIS, CRESPO, FAHY, WALKER, BRONSON, RICHARDSON,

BICHOTTE, M.G. MILLER, GRIFFIN, FERNANDEZ. AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO HOSPITAL DOMESTIC VIOLENCE POLICES AND

PROCEDURES.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

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

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL FOR AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS.

MR. SPEAKER, I'D LIKE THE OPPORTUNITY AFTER WE CLOSE THIS VOTE TO MAKE

AN INTRODUCTION, IF I MAY, SIR.

ACTING SPEAKER PICHARDO: I APOLOGIZE, WE

ARE EXPERIENCING SOME TECHNICAL DIFFICULTIES. BUT WITH THAT BEING

SAID...

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

LET'S TRY THIS AGAIN. MR. GOODELL FOR AN INTRODUCTION.

MR. GOODELL: THANK YOU, MR. SPEAKER. I --

ACTING SPEAKER PICHARDO: MY PLEASURE.

MR. GOODELL: -- I DIDN'T WANT TO INTERRUPT OUR

NYS ASSEMBLY MAY 14, 2019

VOTE ON THAT IMPORTANT BILL. BUT ON BEHALF OF ASSEMBLYMAN SCHMITT,

IT'S MY GREAT PLEASURE TO INTRODUCE JOHN KUNZWEILER, AND JANE, HIS

MOTHER. JOHN IS A VERY IMPRESSIVE INDIVIDUAL. HE'S GRADUATING WITH A

BACHELOR OF ARTS IN SCIENCE FOCUSING ON HUMAN BIOLOGY FROM SUNY

ALBANY, CLASS OF 2019, SO HE'S JUST FINISHING UP ONE PHASE OF HIS LIFE

AND LOOKING FORWARD TO GOING ON AS AN INTERN AT MEMORIAL SLOAN

KETTERING, AND THEN AFTERWARDS TO DO SOME MEDICAL RESEARCH, HOPEFULLY

IN AUSTRALIA. SO, IF YOU WOULDN'T MIND WELCOMING A VERY IMPRESSIVE

YOUNG MAN AND HIS MOTHER TO OUR CHAMBER, I'D APPRECIATE IT.

ACTING SPEAKER PICHARDO: CERTAINLY. ON

BEHALF OF MR. SCHMITT, THE SPEAKER AND ALL THE MEMBERS, JOHN, WE

WELCOME YOU AND YOUR MOTHER HERE TO THE NEW YORK STATE ASSEMBLY.

WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. GOOD LUCK WITH YOUR

STUDIES. COLLEGE WAS A FUN TIME, YOU KNOW, NOW YOU'RE AN ADULT, SO,

SORRY ABOUT THAT. BUT, YOU KNOW, YOU'RE ALWAYS WELCOME BACK TO COME

BY ANY TIME. GOOD LUCK WITH YOUR REST OF YOUR STUDIES, GOOD LUCK WITH

YOUR CAREER AND GOOD LUCK DOWN UNDER. TAKE CARE, SIR, AND THANK YOU

SO MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00219-A, CALENDAR

NO. 67, PAULIN, BLAKE, DINOWITZ, GALEF, JAFFEE, M.G. MILLER, L.

ROSENTHAL, ZEBROWSKI, CROUCH, RAIA, OTIS, SCHMITT, JACOBSON, D'URSO,

GRIFFIN. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO MAILING

SPECIAL BALLOTS FOR VICTIMS OF DOMESTIC VIOLENCE.

NYS ASSEMBLY MAY 14, 2019

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.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

INTERRUPT THE PROCEEDINGS TO DO A BRIEF INTRODUCTION. WE HAVE JOINING

US IN THE CHAMBERS TODAY SOME STUDENTS FROM THE UNIVERSITY OF

BUFFALO FAMILY VIOLENCE AND WOMEN'S RIGHTS CLINIC. THEY WOULD BE

JOINED BY THEIR ASSISTANT CLINICAL PROFESSOR, JUDITH OLIN, BUT

UNFORTUNATELY, JUDITH LOST HER MOM AND SHE WAS NOT ABLE TO BE WITH

THEM. BUT SHE IS SO PROUD OF THESE STUDENTS, AS AM I, MR. SPEAKER.

THESE STUDENTS ARE DEDICATED ADVOCATES FOR THE SURVIVORS OF DOMESTIC

VIOLENCE. THEY DO SO MUCH, FROM REPRESENTING CLIENTS AND FAMILY IN

INTEGRATED DOMESTIC VIOLENCE COURTS, TO GIVING PRESENTATIONS IN LOCAL

HIGH SCHOOLS TO STUDENTS ON TEEN DATING VIOLENCE PREVENTION, TO

RESEARCHING DOMESTIC VIOLENCE LEGISLATION AND POLICY REFORM. THESE

STUDENTS ARE AN INTEGRAL PART OF THE COMMUNITY COORDINATED RESPONSE

AGAINST FAMILY VIOLENCE IN WESTERN NEW YORK.

NYS ASSEMBLY MAY 14, 2019

MR. SPEAKER, THEY ARE KATRINA LOSS, JESSICA

SIMONETTI, VICKI BELL WHO IS ACTUALLY A -- THE CLINICAL EDUCATION

PROGRAM DIRECTOR, VICKI -- I'M SORRY, ALEXANDRA JIMENEZ. THESE ARE

THE STUDENTS THAT ARE WORKING WITH JUDITH OLIN ON THIS VERY IMPORTANT

WORK THAT WE DO IN WESTERN NEW YORK. AND, MR. SPEAKER, IF YOU

COULD WELCOME THESE FINE YOUNG ADVOCATES AND STUDENTS TO OUR

CHAMBERS, I WOULD BE GRATEFUL.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. WE COMMEND YOU ON THE WORK THAT

YOU'RE DOING IN YOUR COMMUNITY. PLEASE CONTINUE THAT WORK, CONTINUE

YOUR EDUCATION AND KNOW THAT YOU ARE ALWAYS WELCOME HERE. THANK

YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

TAKE UP OUR NEXT THREE ITEMS -- ACTUALLY, FOUR ITEMS: CALENDAR NO. 144

BY MS. ROZIC; CALENDAR NO. 285 BY MR. CYMBROWITZ; CALENDAR NO.

293 BY MR. HEVESI AND CALENDAR NO. 298 BY MS. WEINSTEIN, IN THAT

ORDER, MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05318, CALENDAR NO.

144, ROZIC, ABBATE, ABINANTI, BLAKE, BRONSON, COLTON, CRESPO, JONES,

OTIS, RAIA, RICHARDSON, RODRIGUEZ, SIMON, SEAWRIGHT, PHEFFER AMATO,

NYS ASSEMBLY MAY 14, 2019

BICHOTTE, GRIFFIN, L. ROSENTHAL, FALL, PERRY, CRUZ, FERNANDEZ. AN ACT

TO AMEND THE PUBLIC SERVICE LAW AND THE GENERAL BUSINESS LAW, IN

RELATION TO REQUIRING COMPANIES TO ALLOW VICTIMS OF DOMESTIC VIOLENCE

TO CANCEL CONTRACTS WHEN THERE IS A DOMESTIC VIOLENCE INCIDENT REPORT,

A POLICE REPORT, AN ORDER OF PROTECTION, OR A SIGNED AFFIDAVIT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROZIC.

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

WOULD REQUIRE CABLE, TELEPHONE AND SATELLITE COMPANIES TO PERMIT

VICTIMS OF DOMESTIC VIOLENCE TO CANCEL THEIR CONTRACTS WITH THE

COMPANIES WITHOUT INCURRING ANY FEES OR PENALTIES. THE VICTIM WOULD

NEED TO REQUEST SUCH CANCELLATION IN WRITING AND PROVIDE AN OFFICIAL

DOCUMENT THAT PROVES SUCH ABUSE OCCURRED IN THE PAST SIX MONTHS.

THESE DOCUMENTS INCLUDE: DOMESTIC INCIDENT REPORT, A POLICE REPORT,

AN ORDER OF PROTECTION OR A SIGNED AFFIDAVIT FROM A MEDICAL PROVIDER,

RAPE CRISIS COUNSELOR, DOMESTIC VIOLENCE ADVOCATE, COURT EMPLOYEE IN

THE APPROPRIATE CAPACITY, OR SOCIAL WORKER. MORE GENERALLY I WOULD

SAY, YOU KNOW, THIS IS ABOUT VICTIMS OF DOMESTIC VIOLENCE.

SEVENTY-FIVE PERCENT OF DOMESTIC VIOLENCE-RELATED MURDERS HAPPEN

WHEN THE VICTIM IS ATTEMPTING TO LEAVE AND ANY WAY THAT WE CAN HELP

THESE VICTIMS HAVE A QUICK, NECESSARY MOVE IS REALLY ESSENTIAL TO THEIR

SAFETY.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

NYS ASSEMBLY MAY 14, 2019

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

ROZIC?

MS. ROZIC: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MS. ROZIC.

LAST YEAR WHEN WE DISCUSSED THIS BILL, YOU HAD INDICATED THAT YOU WERE

CONTEMPLATING SOME AMENDMENTS TO THE LANGUAGE. WERE ANY OF THOSE

AMENDMENTS IMPLEMENTED?

MS. ROZIC: I DON'T BELIEVE SO.

MR. GOODELL: NOW, THIS --

MS. ROZIC: WE DEBATED A COMPANION BILL TO THIS

BILL.

MR. GOODELL: THIS ALLOWS SOMEONE WHO CLAIMS

TO BE A DOMESTIC VIOLENCE VICTIM TO CANCEL THEIR CELL PHONE CONTRACT,

THEIR CABLE TV CONTRACT, THEIR SATELLITE CONTRACT. IS THERE ANY JUDICIAL

REVIEW REQUIRED AT ALL AS PART OF THAT PROCESS? IS THERE ANY DUE PROCESS

THAT THE TELEPHONE COMPANY OR THE CABLE TV COMPANY OR THE CELL

COMPANY HAS?

MS. ROZIC: WELL, THIS -- YOU KNOW, THIS GIVES SOME

LATITUDE TO THE COMPANY IF THAT THEY -- IF, IN FACT, THEY SUSPECT FRAUD FOR

WHATEVER REASON, THEY CAN TAKE APPROPRIATE ACTIONS. BUT MORE OFTEN

THAN NOT, I WOULD SAY IT TAKES TREMENDOUS AMOUNT FOR SOMEONE TO

COME FORWARD AND TO REQUEST -- TO ACTIVELY REQUEST OR SEEK OUT ANY OF

THESE ORDERS. AND SO, THIS ISN'T SOMETHING THAT'S DONE LIGHTLY.

MR. GOODELL: BUT THIS BILL DOESN'T PROVIDE ANY

NYS ASSEMBLY MAY 14, 2019

OPPORTUNITY, DOES IT, FOR ANY OF THOSE COMPANIES TO QUESTION IN A

JUDICIAL PROCEEDING OR OTHERWISE THE VALIDITY OF THAT TYPE OF REQUEST,

CORRECT?

MS. ROZIC: NO, IT DOESN'T SPEAK TO THAT.

MR. GOODELL: NOW, WITH -- AND THAT MAKES IT

DIFFERENT, BY THE WAY, THAN EXISTING LAW THAT APPLIES IN THE CONTEXT OF

LEASES, WHERE IT'S A JUDICIAL PROCEEDING TO VERIFY THE -- THE ALLEGATIONS

AND THE SERIOUSNESS OF THE ISSUE. BUT THIS DOESN'T INCLUDE ANY OF THAT,

CORRECT?

MS. ROZIC: AGAIN, ONE OF THE OPTIONS IS AN ORDER OF

PROTECTION THAT A VICTIM WOULD HAVE TO PROVIDE.

MR. GOODELL: NOW, THIS CAN ALSO -- THIS BILL CAN

BE TRIGGERED WITHOUT ANY STATEMENT UNDER OATH OR ANY AFFIDAVIT OF ANY

KIND BY THE ALLEGED VICTIM HERSELF OR HIMSELF, CORRECT?

MS. ROZIC: YOU WOULD NEED --

MR. GOODELL: THERE'S NO REQUIREMENT FOR ANY

AFFIDAVIT.

MS. ROZIC: FROM THE ACTUAL VICTIM?

MR. GOODELL: RIGHT.

MS. ROZIC: CORRECT.

MR. GOODELL: FROM THE VICTIM.

MS. ROZIC: IT WOULD BE A -- I MEAN, ONE OF THE

OPTIONS IS A SIGNED AFFIDAVIT FROM THEIR MEDICAL PROVIDER, THEIR RAPE

CRISIS COUNSELOR, A COURT EMPLOYEE OR THEIR SOCIAL WORKER.

MR. GOODELL: BUT NO AFFIDAVIT FROM THE VICTIM,

NYS ASSEMBLY MAY 14, 2019

CORRECT?

MS. ROZIC: CORRECT.

MR. GOODELL: AND NO -- NO STATEMENT UNDER OATH

OF ANY KIND BY THE VICTIM, CORRECT?

MS. ROZIC: I MEAN, THEY WOULD BE SEEKING IT OUT IN

THE FIRST PLACE.

MR. GOODELL: I'M SORRY, I COULDN'T HEAR YOU.

MS. ROZIC: THEY WOULD BE SEEKING IT OUT IN THE

FIRST PLACE, SO I FEEL LIKE THAT IS THEIR STATEMENT.

MR. GOODELL: BUT I'M -- I APOLOGIZE, I'M HAVING A

LITTLE BIT OF TROUBLE HEARING YOU. I'M CORRECT, THERE'S NO --

MS. ROZIC: THEY WOULD NOT HAVE TO SIGN AN

AFFIDAVIT.

MR. GOODELL: OKAY. IS THERE ANY REQUIREMENT

THAT THE VICTIM OR ANYONE ELSE MAKE A CONNECTION BETWEEN THE ALLEGED

ABUSE AND THEIR CONTINUED RECEIPT OF CABLE TV OR CELL SERVICE OR A

TELEPHONE SERVICE? IN OTHER WORDS, IS THERE ANY OBLIGATION THAT THE

VICTIM STATES, UNLESS I CANCEL THIS, I HAVE A REASONABLE FEAR THAT THEY'LL

BE ABLE TO TRACK ME DOWN FOR SOME REASON. IS THERE ANY REQUIREMENT

THAT THERE BE A STATEMENT BY THE VICTIM THAT THERE'S ANY CONNECTION

BETWEEN THE TERMINATION OF THEIR SERVICE AND THE ALLEGED ABUSE?

MS. ROZIC: AGAIN, I GO BACK TO MY ORIGINAL POINT

WHICH IS, YOU KNOW, THIS IS NOT SOMETHING THAT VICTIMS OF DOMESTIC

VIOLENCE DO OR SEEK LIGHTLY AND IT'S A VERY SERIOUS SITUATION. THEY'RE

NOT JUST GOING TO ABUSE THE SYSTEM IN THAT WAY. AND IF THEY DO, AND IF A

NYS ASSEMBLY MAY 14, 2019

COMPANY SUSPECTS FRAUD, THEY CAN TAKE APPROPRIATE MEASURES.

MR. GOODELL: DOES THIS REQUIRE THAT THE ABUSE

OCCUR AFTER THE CONTRACT WAS SIGNED?

MS. ROZIC: IF SUCH ABUSE OCCURRED IN THE PAST SIX

MONTHS.

MR. GOODELL: SO, YOU COULD HAVE AN ABUSE THAT

OCCURRED SIX MONTHS AGO, YOU GO AND YOU SIGN A NEW CONTRACT WITH

VERIZON, FOR EXAMPLE, YOU COULD THEN CANCEL THE CONTRACT THAT YOU JUST

SIGNED WITH VERIZON BECAUSE SIX MONTHS BEFORE YOU SIGNED THE

CONTRACT, YOU WERE THE VICTIM OF ABUSE, IS THAT CORRECT, UNDER THIS LAW?

MS. ROZIC: I BELIEVE SO. YEAH. SO, THE SIX-MONTH

WINDOW IS JUST IN ORDER TO PROVIDE A VICTIM ENOUGH TIME TO GET THESE

DOCUMENTS IN PLACE AND TO GIVE THEM MULTIPLE PATHWAYS TO -- TO SEEK

HELP AND TO GET OUT OF THIS CONTRACT, WHICH IS OFTEN WITH THE PERSON'S

BATTERER OR SIGNIFICANT OTHER.

MR. GOODELL: BUT MY QUESTION IS, THE SIX MONTHS

IS IRRESPECTIVE OF WHEN YOU SIGN THE CONTRACT UNDER THIS LAW, RIGHT? SO

IT COULD BE THAT YOU WERE THE VICTIM OF DOMESTIC ABUSE FIVE MONTHS

BEFORE YOU SIGNED THE CONTRACT. UNDER THIS LANGUAGE, YOU SHOULD STILL

BE ABLE TO CANCEL THE CONTRACT, CORRECT?

MS. ROZIC: THAT IS --

MR. GOODELL: I MEAN, THERE'S NOTHING IN THIS

LANGUAGE THAT SAYS THE --

MS. ROZIC: IT DOESN'T SPEAK TO THAT.

MR. GOODELL: -- ABUSE HAS TO OCCUR AFTER THE

NYS ASSEMBLY MAY 14, 2019

CONTRACT IS SIGNED.

MS. ROZIC: IT DOESN'T SPEAK TO THAT.

MR. GOODELL: OKAY. CAN A CELL COMPANY REFUSE

TO RENEW SERVICE OR SIGN A NEW CONTRACT WITH A VICTIM WHO PREVIOUSLY

CANCELLED THEIR CONTRACT IF THE ABUSE OCCURRED WITHIN SIX MONTHS OF THE

RENEWAL?

MS. ROZIC: AGAIN --

MR. GOODELL: DOES THIS BILL ADDRESS THAT SITUATION

AT ALL?

MS. ROZIC: IT -- IT DOESN'T SPEAK TO THAT.

MR. GOODELL: AND IS IT OKAY THEN FOR A CELL

COMPANY AS PART OF THEIR STANDARD APPLICATION TO ASK AN APPLICANT, HAVE

YOU BEEN A VICTIM OF DOMESTIC ABUSE WITHIN THE LAST SIX MONTHS? CAN

THEY ADD THAT WITHOUT ANY ISSUES UNDER THIS --

MS. ROZIC: AGAIN, THIS BILL JUST ADDRESSES PENALTIES

AND FEES.

MR. GOODELL: NOW, THIS BILL HAS AN EFFECTIVE DATE

EFFECTIVE IMMEDIATELY?

MS. ROZIC: YES.

MR. GOODELL: WAS IT YOUR INTENT, THEN, THAT A

VICTIM, OR SOMEONE WHO IS A VICTIM WITHIN -- OF SEXUAL ABUSE WITHIN --

OR DOMESTIC ABUSE, SORRY, WITHIN SIX MONTHS COULD CANCEL AN EXISTING

MULTI-YEAR CONTRACT EFFECTIVE AS SOON AS THIS BILL WAS SIGNED?

MS. ROZIC: YES.

MR. GOODELL: HOW IS THAT CONSISTENT WITH THE

NYS ASSEMBLY MAY 14, 2019

U.S. CONSTITUTION THAT PROHIBITS STATE LEGISLATURES FROM ADOPTING

LEGISLATION THAT IMPAIRS THE VALIDITY OF AN EXISTING CONTRACT?

MS. ROZIC: SO, UNDER THE FEDERAL

TELECOMMUNICATIONS ACT OF 1996, WE ALSO -- IT ALSO ALLOWS STATES THE

ABILITY TO REGULATE CONTRACT TERMS AND CONDITIONS. I BELIEVE THAT THIS

FALLS WITHIN THOSE PARAMETERS.

MR. GOODELL: WELL, YOU CAN DO THAT CONSISTENT

WITH THE U.S. CONSTITUTION IF THE EFFECTIVE DATE IS FOR ANY CONTRACTS

ENTERED INTO AFTER THE LAW. I DON'T THINK YOU CAN APPLY IT TO CONTRACTS

THAT WERE ENTERED INTO AND WERE VALID PRIOR TO THE LAW. THIS BILL

DOESN'T MAKE THAT DISTINCTION THOUGH, DOES IT?

MS. ROZIC: AGAIN, IT JUST SPEAKS TO THE PENALTIES

AND FEES.

MR. GOODELL: DOES THIS BILL ALLOW A CELL PHONE

COMPANY OR CABLE TV COMPANY TO BRING A CIVIL SUIT AGAINST THE ABUSER

FOR ANY DAMAGES THAT MAY BE SUSTAINED BY THE LOSS OF THIS CONTRACT?

MS. ROZIC: I'M NOT GOING TO SPECULATE ON THAT. I'M

-- I'M JUST TRYING TO ADDRESS THE FEES AND THE PENALTIES THAT ONE MIGHT

INCUR WITHIN A FAMILY PLAN OR A BUNDLE-PACKAGE PLAN.

MR. GOODELL: DOES THIS BILL REQUIRE THE ALLEGED

VICTIM TO ESTABLISH ANY NEXUS OF ANY KIND BETWEEN THE ALLEGED ABUSE

AND THEIR CELL COVERAGE OR THEIR CABLE TV OR THEIR PHONE COMPANY

CONTRACT? DO THEY HAVE TO SHOW THAT THERE'S SOME RELATIONSHIP

BETWEEN THEIR DOMESTIC ABUSE AND THAT CONTRACT?

MS. ROZIC: WE ARE TRYING OUR BEST TO ALLOW VICTIMS

NYS ASSEMBLY MAY 14, 2019

OF DOMESTIC VIOLENCE TO GET OUT OF BUNDLE PACKAGES AND FAMILY CELL

PHONE PACKAGES OR PLANS BECAUSE THEY ARE OFTEN TRAPPED IN THESE

BUNDLES OR PACKAGES OR SITUATIONS WITH THEIR ABUSER. AND THIS SOLELY

DEALS WITH THE SITUATION IN WHICH A VICTIM OF DOMESTIC VIOLENCE IS

TRYING TO LEAVE THAT SITUATION BEHIND QUICKLY.

MR. GOODELL: NOW, I UNDERSTAND THE PROBLEM IF

THERE'S A VICTIM OF DOMESTIC ABUSE WHO'S IN A BUNDLE PACKAGE WITH THE

ABUSER, I ABSOLUTELY UNDERSTAND THAT PROBLEM; IS THIS BILL LIMITED TO

THOSE SITUATIONS?

MS. ROZIC: DOES IT WHAT? I DIDN'T HEAR YOU.

MR. GOODELL: IS THIS BILL LIMITED TO SITUATIONS

WHERE THE ABUSER AND THE ALLEGED VICTIM ARE ON THE SAME CONTRACT OR

ARE IN A BUNDLE? IT'S NOT IN ANY WAY LIMITED TO THAT, IS IT?

MS. ROZIC: NO, IT'S BOTH.

MR. GOODELL: SO YOU COULD HAVE AN ALLEGED

VICTIM WHO HAS A SEPARATE CONTRACT THAT HAS NOTHING WHATSOEVER TO DO

WITH THE ABUSER AND THIS GIVES THEM THE RIGHT TO CANCEL THEIR CELL

CONTRACT AND GO WITH A COMPETING COMPANY THAT MIGHT BE OFFERING A

BETTER RATE OR FOR ANY OTHER REASON AS LONG AS THEY'RE A VICTIM WITHIN SIX

MONTHS?

MS. ROZIC: AGAIN, I'M NOT GOING TO SPECULATE ON

SPECIFIC SITUATIONS THAT MAY OR MAY NOT OCCUR, BUT IT IS -- IT IS -- IT DOES

SPEAK TO THE FACT THAT A VICTIM IS TRAPPED WITHIN THEIR BUNDLE PACKAGE

OR THEIR PLAN WITH THEIR ABUSER.

MR. GOODELL: AND I KNOW I ASKED THIS, I WASN'T

NYS ASSEMBLY MAY 14, 2019

SURE IF I HAD THE ANSWER ON IT. CAN A CELL PHONE COMPANY OR CABLE TV

COMPANY REFUSE TO SIGN A NEW CONTRACT WITH A VICTIM OF DOMESTIC

ABUSE?

MS. ROZIC: THIS DOESN'T SPEAK TO THAT. THIS ONLY

SPEAKS TO THE FEES AND THE PENALTIES THAT WOULD BE INCURRED IN SOMEONE

TRYING -- A VICTIM TRYING TO LEAVE THEIR BUNDLE PACKAGE.

MR. GOODELL: NOW, AS YOU KNOW, OFTENTIMES A

CELL COMPANY OR A CABLE COMPANY WILL GIVE A SPECIAL DISCOUNTED RATE IF

YOU SIGN A MULTI-YEAR CONTRACT. SO IT MIGHT BE, YOU KNOW, $50 A MONTH

IF YOU GO MONTH-TO-MONTH, IT MIGHT BE $40 A MONTH IF YOU SIGN A

TWO-YEAR CONTRACT, YOU KNOW, $35 A MONTH IF IT'S A THREE-YEAR CONTRACT.

IF A VICTIM OF DOMESTIC ABUSE CANCELS A CONTRACT IN THE MIDDLE OF THE

TERM, CAN THE COMPANY GO BACK AND CHARGE THE HIGHER RATE FOR THE

SERVICE ALREADY RENDERED UNDER THE SHORT-TERM?

MS. ROZIC: AGAIN, THIS -- THIS BILL DOESN'T ADDRESS

THAT. THE INTENT OF THIS BILL IS TO ADDRESS THE FEES AND THE PENALTIES THAT

WOULD BE INCURRED LEAVING.

MR. GOODELL: MANY PEOPLE, AS YOU KNOW, BUY

THEIR CELL PHONE FINANCED BY THE PROVIDER, AT&T, VERIZON, WHATEVER,

RIGHT? WHAT HAPPENS, THEN, WHEN THE ALLEGED VICTIM CANCELS THE

CONTRACT WITH THE CELL PHONE COMPANY? MUST THEY RETURN THEIR CELL

PHONE OR MUST THEY PAY IT OFF IN FULL? WHAT HAPPENS THEN?

MS. ROZIC: THIS DOESN'T SPEAK TO THAT SITUATION.

WE CAN TAKE A LOOK AT DOING THAT IN FUTURE LEGISLATION.

MR. GOODELL: BUT THIS WOULD NOT CANCEL THEIR

NYS ASSEMBLY MAY 14, 2019

PROMISSORY NOTE OR THEIR CONTRACT TO PAY FOR THE PHONE? I MEAN, YOU

DON'T GET A FREE PHONE OUT OF THIS, DO YOU?

MS. ROZIC: THIS JUST SPEAKS TO THE ACTUAL BUNDLE

PACKAGES, SATELLITE PACKAGE THAT YOU HAVE.

MR. GOODELL: WELL, IT TALKS ABOUT MULTI-YEAR

CONTRACT OR BUNDLE CONTRACT, RIGHT? IT TALKS ABOUT THEM IN THE

DISJUNCTIVE. SO, YOU COULD HAVE A MULTI-YEAR CONTRACT THAT'S NOT

BUNDLED AND IT'S STILL COVERED BY THIS BILL, CORRECT?

MS. ROZIC: THAT IS POSSIBLE.

MR. GOODELL: THANK YOU, MS. ROZIC.

MS. ROZIC: YOU'RE WELCOME.

MR. GOODELL: I APPRECIATE YOUR COMMENTS.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: EVERYONE IN THIS ROOM, OF COURSE,

WANTS TO BE HELPFUL AND SUPPORTIVE OF THE VICTIMS OF DOMESTIC

VIOLENCE, BUT I THINK WE ALSO NEED TO HAVE REASONABLE STANDARDS IN

PLACE TO PROTECT INNOCENT THIRD-PARTIES FROM BEING DAMAGED. AND THAT

INNOCENT THIRD-PARTY MIGHT BE A COMPANY, A CELL PHONE COMPANY OR A

SATELLITE TV COMPANY OR A CABLE COMPANY. AND WHAT HAPPENS IS THEY

GIVE SPECIAL RATES WHEN YOU HAVE A MULTI-YEAR CONTRACT AND THEY PLAN

ON THOSE MULTI-YEAR CONTRACTS IN DEVELOPING THOSE RATES. AND WHAT THIS

BILL BASICALLY SAYS IS THAT A PERSON CAN COME IN, CLAIM THEY'RE A VICTIM

OF DOMESTIC VIOLENCE AND BASED ON THAT CLAIM, THEY CAN CANCEL THE

CONTRACT, WALK AWAY. THEY GET THE BENEFIT OF THE LOWER RATE, BUT THEY

NYS ASSEMBLY MAY 14, 2019

DON'T HAVE ANY OBLIGATION BY CLAIMING THAT WITHIN SIX MONTHS THEY

WERE A VICTIM OF DOMESTIC VIOLENCE. AND AS THE SPONSOR POINTED OUT,

THAT DOMESTIC VIOLENCE COULD HAVE OCCURRED FIVE MONTHS BEFORE THEY

SIGNED THE CONTRACT, WELL BEFORE. AND AS WAS POINTED OUT, THIS BILL

DOESN'T REQUIRE ANY CONNECTION, ANY NEXUS, IF YOU WILL, BETWEEN THE

ALLEGED DOMESTIC VIOLENCE AND THE CONTRACT. YOU HAVE A CELL PHONE

THAT'S ON YOUR OWN NAME, THE PHONE COMPANY AUTOMATICALLY, AS WE ALL

KNOW, THEY'LL DO IT FOR ALL OF US, WILL AUTOMATICALLY CHANGE YOUR PHONE

NUMBER, SO WHY -- WHY SHOULD YOU BE ABLE TO WALK AWAY FROM A

MULTI-YEAR CONTRACT BECAUSE YOU WERE A VICTIM OF DOMESTIC ABUSE?

THERE'S NO JUDICIAL PROTECTION. THERE'S NO INDEPENDENT THIRD-PARTY.

WE DON'T EVEN REQUIRE UNDER THIS BILL THAT THE VICTIM CERTIFY UNDER OATH

THAT THEY ACTUALLY WERE A VICTIM OF DOMESTIC VIOLENCE.

BUT MOST TROUBLING TO ME IS THERE'S NOTHING IN THIS BILL

THAT FOCUSES ON THE UNDERLYING CAUSE OF DOMESTIC VIOLENCE. YOU KNOW,

WHEN WE LET SOMEBODY GET OUT OF A RESIDENTIAL LEASE, THEY GET OUT OF IT

WHEN THERE'S AN ORDER OF PROTECTION AND THE COURT IS INVOLVED AND

THERE'S ENFORCEMENT ACTION THAT'S BEING TAKEN AGAINST THE ABUSER. BUT

THIS BILL DOESN'T REQUIRE THAT THE ABUSER EVEN BE IDENTIFIED. THERE'S

NOTHING THAT STOPS FURTHER DOMESTIC VIOLENCE. THERE'S NO REQUIREMENT

UNDER THIS BILL FOR A POLICE REPORT. THERE'S NO REQUIREMENT THAT THE

ABUSER'S NAME BE IDENTIFIED OR THAT WE TAKE ANY STEPS OF ANY KIND TO

STOP THE FUTURE ABUSE. INSTEAD, WHAT WE SAY IS THAT WE TAKE A WHOLE

CLASS OF PEOPLE AND SAY GUESS WHAT? THIS WHOLE CLASS OF PEOPLE CAN'T

BE HELD TO AN ENFORCEABLE CONTRACT. I SEE I'M OUT OF TIME.

NYS ASSEMBLY MAY 14, 2019

ACTING SPEAKER AUBRY: YES, YOU ARE, MR.

GOODELL.

THERE IS NO ONE ELSE ON THE BILL. DO YOU WANT TO

IMPOSE YOUR SECOND?

MR. GOODELL: THANK YOU, SIR.

ACTING SPEAKER AUBRY: PROCEED.

MR. GOODELL: SO WE TRAMPLE DUE PROCESS RIGHTS

OF ANY OF THESE COMPANIES, WE IMPLEMENT A BILL THAT'S UNCONSTITUTIONAL

BECAUSE IT VIOLATES EXISTING CONTRACTS, WE DON'T REQUIRE ANY NEXUS OR

ANY CONNECTION AT ALL BETWEEN THE ALLEGED ABUSE AND THE CONTRACT THAT'S

BEING CANCELLED, WE DON'T PROVIDE A MECHANISM FOR THE PHONE

COMPANY TO EVEN SUE THE ABUSER TO RECOVER ANY DAMAGES, WE DON'T

REQUIRE THE ABUSER'S IDENTITY TO BE DISCLOSED, WE DON'T REQUIRE A POLICE

REPORT, WE DON'T REQUIRE THE ALLEGED ABUSER TO EVEN SIGN UNDER OATH THAT

THEY ACTUALLY ARE THE VICTIM. THERE'S NOTHING IN HERE, NO CHECKS OR

BALANCES OF ANY KIND.

SO, IF WE WANT TO REDUCE ABUSE, LET'S ENCOURAGE THOSE

WHO ARE ABUSED TO FILE A POLICE REPORT TO IDENTIFY THE ABUSER, TO

COOPERATE WITH LAW ENFORCEMENT, TO -- IF THEY'RE CONCERNED ABOUT THEIR

SAFETY, TO SEEK AN ORDER OF PROTECTION. INSTEAD, WHAT THIS BILL SAYS IS WE

HAVE A WHOLE CLASS OF PEOPLE WHO HAVE NO ENFORCEABLE CONTRACT. WE

SAY IF YOU'RE A CELLPHONE COMPANY OR A CABLE TELEPHONE COMPANY OR A

TELEPHONE COMPANY, THERE'S A WHOLE GROUP OF PEOPLE THAT YOU CANNOT

SIGN A VALID BINDING CONTRACT WITH. IT INCLUDES EVERYONE UNDER THE AGE

OF 18 BECAUSE WE WON'T LET MINORS SIGN A CONTRACT, IT INCLUDES EVERYONE

NYS ASSEMBLY MAY 14, 2019

WHO'S MENTALLY INCOMPETENT, AND IT INCLUDES ANYONE WHO WITHIN SIX

MONTHS WAS A VICTIM OF DOMESTIC ABUSE.

IT HAS FAR-REACHING RAMIFICATIONS. I WOULD

RECOMMEND THAT WE CONTINUE TO LOOK FOR WAYS TO HELP VICTIMS OF

DOMESTIC VIOLENCE WHILE FOCUSING OUR EFFORTS ON BEING FAIR, BALANCED

AND ENCOURAGING EFFORTS TO IDENTIFY AND PUNISH AND STOP ABUSERS.

UNFORTUNATELY, THIS BILL I DON'T THINK HAS THAT RIGHT BALANCE. THANK YOU,

MR. SPEAKER. AND, AGAIN, I APPRECIATE THE COMMENTS FROM MY

COLLEAGUE.

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.)

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR OF THE BILL. MOST INDIVIDUALS WHO ARE FACING

DOMESTIC VIOLENCE FEEL IN MANY INSTANCES SOME SHAME AND FEAR. THEY

HAVE MANY -- THERE'S A CONSTELLATION OF ISSUES THEY HAVE TO DEAL WITH,

FAMILY, MAYBE CHILDREN, A CELL PHONE CONTRACT IS NOT NECESSARILY HIGH

ON THEIR LIST. MANY PEOPLE DO NOT SEEK AN ORDER OF PROTECTION BECAUSE

THAT IS FREQUENTLY WHEN ONE IS MOST IN DANGER BY SIGNALING TO THE

ABUSER THAT YOU'RE TAKING ACTION. DEPENDING ON WHERE YOU ARE, THE

POLICE MAY BE MORE OR LESS RECEPTIVE TO TAKING A COMPLAINT.

AND SO, THIS IS JUST REMOVING ONE ELEMENT OF CONCERN

NYS ASSEMBLY MAY 14, 2019

THAT YOU ARE NOT TIED INTO SOMETHING. YOU MAY HAVE TO SWITCH YOUR

JOB, YOU MAY HAVE TO SWITCH WHERE YOU LIVE. THERE ARE A GREAT MANY

ISSUES YOU MAY BE CONFRONTING AND SO THIS IS, I THINK, A REASONABLE

MEASURE. PEOPLE ARE NOT GOING TO DEFRAUD BY COMING FORWARD AND

SAYING, I AM A VICTIM OF DOMESTIC VIOLENCE; THEREFORE I WANT TO GET OUT

OF THIS CONTRACT. THAT IS A FANTASY. SO I WITHDRAW MY REQUEST AND VOTE

IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. BARRON.

MR. BARRON: THANK YOU, MR. SPEAKER. THIS IS

INCREDIBLE. IT SEEMS LIKE MY COLLEAGUE WANTS AN ORDER OF PROTECTION

FOR THE CELL PHONE COMPANY OR FOR A CABLEVISION COMPANY TO PROTECT

THEM MORE THAN PROTECTING A VICTIM OF DOMESTIC VIOLENCE. I THINK IT'S

ABSURD TO THINK THAT SOMEONE -- THIS BILL CLEARLY STATES THAT THOSE WHO

HAVE PERMANENT PROTECT -- ORDER OF PROTECTIONS SHOULD BE ALLOWED TO

GET OUT OF THESE CONTRACTS. TO BE MORE CONCERNED ABOUT SOMEBODY

RIPPING OFF A CELL PHONE COMPANY OR A CABLEVISION COMPANY WITH

SOME FRAUDULENT EXCUSE OF DOMESTIC VIOLENCE I THINK IS ABSURD. IT'S

INCREDIBLE. I WAS SITTING THERE SAYING, LET ME NOT TALK DURING THE 15

MINUTE TIME BECAUSE I MAY COME BACK FOR 15 MINUTES, SO I JUST WANTED

TO SAY IT NOW THAT FOR SOMEONE TO BE MORE CONCERNED ABOUT A CELL

PHONE COMPANY BEING ABUSED OR RIPPED OFF THAN A PERSON BEING A

VICTIM OF DOMESTIC VIOLENCE AND TRYING TO EASE THE PAIN THE LITTLE BIT

THAT GETTING OUT OF A CONTRACT WOULD DO, I THINK IT'S JUST A NO-BRAINER SO

NYS ASSEMBLY MAY 14, 2019

I GLADLY -- I COMMEND THE SPONSOR OF THIS BILL AND I GLADLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MS. SIMOTAS TO EXPLAIN HER VOTE.

MS. SIMOTAS: I ALSO RISE TO COMMEND THE SPONSOR

OF THIS BILL AND ALSO TO POINT OUT THAT ON LINES 18 AND 19 AND THROUGHOUT

THIS BILL, THERE'S A SPECIFIC CLAUSE THAT SAYS, A CLAIM FOR OPTING OUT OF

SUCH CONTRACT WITHOUT CHARGE SHALL BE MADE IN GOOD FAITH. THE

SPONSOR I DON'T BELIEVE IS TRYING TO DEFRAUD ANYBODY OR HAVE THESE

CORPORATIONS GET OUT OF THEIR CONTRACTS WITHOUT PROPER CAUSE. AND, YOU

KNOW, IF SOMEBODY MAKES A CLAIM THAT THEY'RE A DV VICTIM, THEN

THEY'RE GOING TO BE HELD TO ACCOUNT BECAUSE THIS STATUTE SPECIFICALLY

CLAIMS THAT THEY HAVE TO MAKE THE CLAIM IN GOOD FAITH.

AGAIN, I COMMEND THE SPONSOR. IT'S VERY IMPORTANT

THAT WE PROVIDE THESE PROTECTIONS AND DON'T ALLOW CORPORATIONS TO KEEP

DOMESTIC VIOLENCE -- DOMESTIC VIOLENCE VICTIMS REALLY AT -- AT THE

WHIMS OF THESE CORPORATIONS. THANK YOU VERY MUCH. I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SIMOTAS IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02832, CALENDAR NO.

NYS ASSEMBLY MAY 14, 2019

285, CYMBROWITZ, ABBATE, BRONSON, MALLIOTAKIS, PEOPLES-STOKES,

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 AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04267, CALENDAR NO.

293, HEVESI, ENGLEBRIGHT, L. ROSENTHAL, GUNTHER, ARROYO, ROZIC,

LAVINE, GIGLIO, D'URSO, GALEF, JOYNER, SIMON, RIVERA, TAYLOR, HUNTER,

SEAWRIGHT, BICHOTTE, MOSLEY, NIOU, ORTIZ, BARRON, WILLIAMS,

RICHARDSON, GOTTFRIED, EPSTEIN, WRIGHT, BLAKE. AN ACT TO AMEND THE

REAL PROPERTY LAW, IN RELATION TO THE TERMINATION OF A RESIDENTIAL LEASE

BY A VICTIM OF DOMESTIC VIOLENCE; AND TO REPEAL CERTAIN PROVISIONS OF

SUCH LAW RELATING THERETO.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. HEVESI.

MR. HEVESI: THANK YOU, MR. SPEAKER, AND MY

COLLEAGUES. AND, MR. GOODELL, I'M ASSUMING THIS IS MOSTLY FOR YOU,

NYS ASSEMBLY MAY 14, 2019

MY FRIEND. THIS IS A NEW BILL, SO I'M GOING TO GO INTO A LITTLE BIT MORE

DETAIL THAN I NORMALLY WOULD. IN 2007, THIS LEGISLATURE PASSED A LAW

THAT CREATED A MECHANISM FOR DOMESTIC VIOLENCE VICTIMS TO BREAK THEIR

LEASES IF THEY HAD EXPERIENCED DOMESTIC VIOLENCE AND WERE REASONABLY

SURE THAT THEY WERE IN AN UNSAFE SITUATION. IT WAS A GOOD LAW;

HOWEVER, SOME OF THE REQUIREMENTS FOR DOMESTIC VIOLENCE SURVIVORS TO

ACCESS THAT MECHANISM SO THEY COULD BREAK THEIR LEASE ARE A LITTLE BIT

ONEROUS, WHICH HAS LEFT SOME SURVIVORS IN THE UNFORTUNATE

CIRCUMSTANCE THAT EITHER THEY HAVE TO, A, STAY IN AN UNSAFE LIVING

SITUATION OR, B, BECAUSE THE VIOLENCE IS SO BAD, THAT THEY FLEE ONLY LATER

TO BE HIT WITH FINANCIAL PENALTIES.

THE PURPOSE OF THIS SPECIFIC BILL IS TO GET RID OF A

NUMBER OF THE REQUIREMENTS TO ALLOW MORE DOMESTIC VIOLENCE

SURVIVORS ACCESS TO THIS MECHANISM TO BREAK THEIR LEASE. BECAUSE THIS

IS A NEW BILL AND I DON'T LIKE DOING THIS, WE HAVE 11 PROVISIONS. I'M

GOING TO READ THEM VERY QUICKLY, BUT I WANT THE HOUSE TO CONSIDER

THEM AS I -- AS I GO THROUGH THEM, I WANT EVERYBODY TO HAVE A FULL

UNDERSTANDING OF THIS. ANDY, WE'LL GET TO YOUR QUESTIONS IN A SECOND.

SO, FIRST, THE CHANGE -- THIS BILL CHANGES THE

TERMINATION OF LEASE PROCESS BY NO LONGER REQUIRING A COURT ORDER OF

PROTECTION; WE ARE REPLACING THAT REQUIREMENT WITH A WRITTEN NOTICE

REQUIREMENT. WE ARE ELIMINATING THE REQUIREMENT THAT A TENANT SEEKING

A LEASE TERMINATION HAS TO NOTIFY A CO-TENANT WHO IS THEIR ABUSER.

THINK ABOUT THAT ONE FOR A SECOND. WE ARE EXPANDING THE CATEGORIES

OF DOCUMENTATION REQUIRED TO CORROBORATE THE TENANT'S STATUS AS A

NYS ASSEMBLY MAY 14, 2019

DOMESTIC VIOLENCE SURVIVOR TO INCLUDE POLICE REPORTS, MEDICAL REPORTS

AND CERTIFICATIONS FROM DOMESTIC VIOLENCE SERVICE PROVIDERS, AS WELL AS

ORDERS OF PROTECTION. WE ARE SHORTENING THE TIME PERIOD BETWEEN THE

INITIATION OF THE PROCESS AND THE TERMINATION DATE. WE ARE ELIMINATING

-- THIS -- THIS IS ACTUALLY A REALLY BAD ONE, I'M GLAD WE'RE ADDRESSING

THIS, WE ARE ELIMINATING THE REQUIREMENT THAT THE TENANT SEEKING TO

TERMINATE A LEASE BE CURRENT ON RENTAL PAYMENTS. THE EXPERTS TELL US

THAT 99 PERCENT OF DOMESTIC VIOLENCE SURVIVORS AND VICTIMS ARE VICTIMS

OF FINANCIAL ABUSE. THEY HAVE ZERO CONTROL OVER WHETHER THE RENT WAS

PAID ON TIME, AND TO HAVE THAT AS A REQUIREMENT THAT THEY HAVE TO BE

UP-TO-DATE ON THEIR RENT BEFORE THEY BREAK THE LEASE IS A VERY BAD

REQUIREMENT, WE'RE GETTING RID OF THAT. WE CREATE A NEW SUBSECTION THAT

DETAILS HOW THE RENT AND ANY SECURITY DEPOSIT WILL BE HANDLED. WE

ESTABLISH AN AFFIRMATIVE DEFENSE TO A SUBSEQUENT LEGAL ACTION FOR RENTAL

ARREARS BROUGHT BY THE LANDLORD BASED ON COMPLIANCE. WE EXPLICITLY

PRESERVE THE LANDLORD'S RIGHT TO SEEK RENTAL ARREARS OWED PRIOR TO THE

TERMINATION DATE; WE WANTED TO PROTECT THE LANDLORDS. WE CREATE A NEW

SUBSECTION THAT OUTLINES AND CLARIFIES THE TREATMENT OF OTHER TENANTS IF

THERE'S COHABITATION. WE CREATE A NEW SUBSECTION WITH CONFIDENTIALITY

PROVISIONS THAT SAYS THAT THE LANDLORD CANNOT UNDER ANY CIRCUMSTANCES

TALK ABOUT THE USE OF THIS STATUTE OR THAT THE TENANT WAS A DOMESTIC

VIOLENCE SURVIVOR. AND LAST, WE CREATE A NEW SUBSECTION WHICH

ESTABLISHES MINIMAL DAMAGES AND PAYMENTS FOR VIOLATION OF THE

SECTIONS WE TALKED ABOUT.

SO, SORRY FOR GOING INTO DETAIL, BUT IT'S A COMPLEX BILL.

NYS ASSEMBLY MAY 14, 2019

I'M HAPPY TO TAKE ANY QUESTIONS.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

MR. HEVESI YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

HEVESI?

MR. HEVESI: IT'S MY PLEASURE, SIR.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: SO, AS YOU MENTIONED, THERE'S

CURRENTLY A PROCESS IN PLACE WHERE A VICTIM OF DOMESTIC ABUSE WHO HAS

AN ORDER OF PROTECTION CAN GET OUT OF A LEASE, CORRECT?

MR. HEVESI: CORRECT.

MR. GOODELL: AND THAT'S BEEN AROUND SINCE

2008?

MR. HEVESI: SEVEN.

MR. GOODELL: TWO THOUSAND AND SEVEN. AND

THAT PROCESS INVOLVES AN ORDER OF PROTECTION. SO, THERE'S BEEN A

PRELIMINARY COURT DETERMINATION THAT THE CLAIM IS VALID.

MR. HEVESI: YES.

MR. GOODELL: IT INVOLVES A TEN-DAY NOTICE TO THE

LANDLORD AND AN OPPORTUNITY FOR THE LANDLORD TO BE HEARD, CORRECT?

MR. HEVESI: CORRECT.

MR. GOODELL: AND THE WHOLE PROCESS IS UNDER THE

SUPERVISION, IF YOU WILL, OF AN INDEPENDENT THIRD-PARTY TRIBUNAL, A

JUDGE, WHO IS INVOLVED IN THIS PROCESS.

NYS ASSEMBLY MAY 14, 2019

MR. HEVESI: THAT'S CORRECT.

MR. GOODELL: AND THIS PROPOSED BILL, THEN,

ELIMINATES THE ENTIRE JUDICIAL REVIEW PROCESS?

MR. HEVESI: NO, SIR. WE ALLOW FOR THAT PROCESS TO

CONTINUE. YOU CAN STILL USE AN ORDER OF PROTECTION AS PART OF THE

WRITTEN DOCUMENTATION REQUIREMENT THAT WE'RE CREATING. SO, WE'RE

ADDING NEW AVENUES FOR SURVIVORS TO GET OUT OF THEIR LEASES, WE'RE NOT

STOPPING THE USE OF ORDERS OF PROTECTION TO DO THAT.

MR. GOODELL: BUT THE NEW BILL ELIMINATES THE ROLE

OF THE COURT IN REVIEWING THE REQUEST FOR A TERMINATION OF THE TENANCY,

CORRECT?

MR. HEVESI: UNDER DIFFERENT CIRCUMSTANCES. SO

WHAT WE'RE ALLOWING IS FOR A WRITTEN NOTIFICATION, AND LET ME GET INTO

THIS BECAUSE IT'S A LITTLE BIT IN THE WEEDS. SO, FIRST --

MR. GOODELL: WELL, NO, LET ME -- YOU DON'T NEED

TO GO AND -- I UNDERSTAND THERE'S A NUMBER OF WAYS THAT THIS BILL WOULD

ALLOW THE TERMINATION TO BE TRIGGERED.

MR. HEVESI: YES.

MR. GOODELL: THE OLD BILL REQUIRED A COURT

REVIEW.

MR. HEVESI: YES, AND I DON'T BELIEVE THAT A COURT --

MR. GOODELL: AND THIS BILL ELIMINATES ALL --

ACTING SPEAKER AUBRY: MR. GOODELL. WOULD

YOU LET HIM ANSWER. I UNDERSTAND --

MR. GOODELL: I'D LIKE TO FINISH THE QUESTION, IF I

NYS ASSEMBLY MAY 14, 2019

MAY --

MR. HEVESI: IT'S MY FAULT AS WELL, MR. SPEAKER.

PLEASE GO AHEAD.

ACTING SPEAKER AUBRY: MY UNDERSTANDING IS

YOU'D ASKED HIM A QUESTION AND HE WAS GETTING -- ANSWERING IT AND YOU

WANT TO --

MR. GOODELL: NO, I -- I WASN'T DONE. MY --

ACTING SPEAKER AUBRY: WELL, LET -- THEN LET'S

JUST TRY AND BE MINDFUL. GIVE EACH OTHER TIME ENOUGH TO ANSWER AND IF

-- EVEN IF YOU DON'T LIKE THE ANSWER, YOU CAN HEAR.

MR. GOODELL: CERTAINLY, SIR.

AND THANK YOU FOR YOUR COURTESIES, MR. HEVESI.

MR. HEVESI: SURE.

MR. GOODELL: SO, MY QUESTION IS THIS: UNDER THE

OLD BILL, THE ONLY WAY THAT YOU COULD TERMINATE A TENANCY IS YOU WOULD

GO THROUGH A JUDICIAL PROCEEDING WHERE THE COURT, ON TEN DAYS NOTICE TO

THE LANDLORD AND WITH OTHERS, WOULD THEN MAKE A DETERMINATION THAT IT

WAS APPROPRIATE TO TERMINATE THE LEASE. THIS BILL ELIMINATES THAT

PORTION OF THE OLD STATUTE, CORRECT?

MR. HEVESI: YES.

MR. GOODELL: IT NO LONGER WOULD REQUIRE ANY

JUDICIAL REVIEW FOR THE TERMINATION OF A LEASE, RIGHT --

MR. HEVESI: THAT IS CORRECT. CAN I TELL YOU WHY

WE'RE DOING THAT?

MR. GOODELL: NO, RIGHT NOW I'M JUST TRYING TO

NYS ASSEMBLY MAY 14, 2019

FIGURE OUT THE BILL.

MR. HEVESI: OKAY.

MR. GOODELL: NOW, ON THE LAST BILL WE TALKED

ABOUT, THE DOMESTIC VIOLENCE HAD TO OCCUR WITHIN SIX MONTHS. UNDER

CURRENT LAW, THE DOMESTIC VIOLENCE HAS TO BE THE SUBJECT OF AN ORDER OF

PROTECTION, WHICH MEANS IT'S IMMEDIATE. IS THERE ANY REQUIREMENT

UNDER THIS BILL THAT THE ORDER -- THAT THE ALLEGED ABUSE BE WITHIN A

CERTAIN TIMEFRAME?

MR. HEVESI: NO, AND NOR SHOULD THERE BE. AND,

ANDY, DO ME A FAVOR, LET ME RESPOND. SO, WHAT WE FOUND IS, NUMBER

ONE, WHEN -- UNDER THE OLD LAW, WHEN YOU'RE REQUIRING A SURVIVOR TO GO

BACK TO THE COURT OF ORIGINAL JURISDICTION, OKAY, WHERE THEY GOT THE

ORIGINAL ORDER OF PROTECTION, THEY WOULD HAVE TO GO BACK AND SEEK A

NEW ORDER FROM THAT COURT IN ORDER TO BREAK THEIR LEASE - THAT WAS THE

PROCESS - WHICH YOU'RE ESSENTIALLY DOING IS TAKING A LANDLORD-TENANT

ISSUE BACK INTO THE CRIMINAL COURTS AND TO FAMILY COURT AND EVEN INTO

SUPREME COURT. IT DOESN'T -- IT -- IT BACKS UP THE COURT'S TIME AND IT'S

NOT NECESSARY. AND WE WERE ALSO FINDING THAT AS A RESULT OF REQUIRING

THAT, MAKE -- THE -- THE SURVIVORS GO THROUGH THAT PROCESS, THAT A LOT OF

THEM ARE NOT GOING TO BE ABLE TO DO THAT FOR A VARIETY OF REASONS AND,

THEREFORE, WE AS THE STATE, AS THE BILL WAS INTENDED TO DO, WE'RE GOING

TO ALLOW A LOT MORE SURVIVORS ACCESS TO THIS MECHANISM THAN WERE

PREVENTED BY ONLY GOING THROUGH THE COURT STRUCTURE.

MR. GOODELL: NOW, DOES THIS BILL REQUIRE AS A

CONDITION OF THE TERMINATION OF THE LEASE THAT THERE BE ANY

NYS ASSEMBLY MAY 14, 2019

IDENTIFICATION OR THE NAME OF THE ABUSER?

MR. HEVESI: NO, AND NOR SHOULD THERE BE.

MR. GOODELL: AND DOES IT REQUIRE THAT THERE BE

ANY POLICE REPORT OF THE ABUSE?

MR. HEVESI: IT DOESN'T REQUIRE -- IT DOES NOT REQUIRE

IT, HOWEVER -- AND, BY THE WAY, THE -- I UNDERSTAND WHERE YOU'RE GOING

WITH THIS, EXCEPT THE -- THE LOGIC FOR A SURVIVOR OF GOING TO THE POLICE

SHOULD NOT BE REQUIRED BY LAW. THAT'S A PERSONAL MATTER THAT EACH

SURVIVOR SHOULD -- SHOULD DEAL WITH. MAYBE IT'S NOT THE RIGHT THING FOR

THEIR FAMILY TO GO TO THE POLICE, MAYBE THAT'S A LAST RESORT. SO I

UNDERSTAND THE NATURE OF THE QUESTION, BUT NO, ON PURPOSE; WE DON'T

REQUIRE THAT AT ALL. HOWEVER, IF THERE IS A POLICE REPORT OR AN ORDER OF

PROTECTION OR A -- OR A NOTE FROM THE DOCTOR OR A SHRINK OR A PEDIATRICIAN

OR ANYBODY ELSE WHO CERTIFIES THAT THERE WAS DOMESTIC VIOLENCE, WE

WILL NOW ALLOW THAT AS A WRITTEN ATTESTATION THAT DOMESTIC VIOLENCE HAS

OCCURRED AND THAT THIS PERSON REASONABLY FEARS FOR THEIR SAFETY AND THEY

SHOULD BE ABLE TO BREAK THEIR LEASE.

MR. GOODELL: NOW THIS BILL DOES REQUIRE THAT

THOSE THIRD PARTIES THAT YOU MENTIONED, INCLUDING SOCIAL WORKERS --

MR. HEVESI: YEAH.

MR. GOODELL: -- OR DOCTORS OR WHATEVER CAN --

CAN MAKE A REPORT OF THE DOMESTIC VIOLENCE, AND THIS BILL DOES REQUIRE

THAT THAT STATEMENT BE NOTARIZED AND I SEE THE BILL IT ACTUALLY HAS

SUGGESTED LANGUAGE FOR THAT NOTICE, CORRECT?

MR. HEVESI: YEAH, WE -- WE WERE PRETTY

NYS ASSEMBLY MAY 14, 2019

COMPREHENSIVE. SO THERE ARE THREE DIFFERENT NOTICES THAT THE -- THE BILL

WILL ACCEPT -- WE'LL ACCEPT OTHERS, BUT WE -- IN THE ACTUAL LANGUAGE, WE

WROTE OUT THREE DIFFERENT SAMPLES: ONE FOR THE SURVIVOR, ONE FOR A

THIRD-PARTY OF THE LIST WE JUST DISCUSSED WHO CAN ATTEST TO IT, AND ONE

FOR THOSE WHO NEED TRANSLATION SERVICES. THAT -- EACH OF THOSE WILL BE

POSTED ON THE UNIFIED COURT SYSTEM'S WEBSITE AND MADE AVAILABLE TO

ALL THE DIFFERENT COURTS THROUGHOUT THE STATE. SO ALL OF THE PEOPLE WHO

NEED ACCESS TO A SAMPLE OF WHAT THIS WRITTEN NOTICE SHOULD LOOK LIKE

WILL HAVE ACCESS TO IT.

MR. GOODELL: BUT THE-- IF I GO BACK TO THE BILL,

THE BILL DOESN'T REQUIRE THAT THESE STATEMENTS BE UNDER OATH, CORRECT? IT

DOESN'T REQUIRE THAT THEY BE VERIFIED.

MR. HEVESI: IT'S VERIFIED. I WOULD -- I WOULD --

MR. GOODELL: NO, IT'S NOTARIZED AND

ACKNOWLEDGED --

MR. HEVESI: IT'S NOTARIZED.

MR. GOODELL: -- NOT VERIFIED, CORRECT?

MR. HEVESI: BUT -- YES, BUT --

MR. GOODELL: NOT VERIFIED, CORRECT?

MR. HEVESI: WHAT'S THE DISTINCTION BETWEEN

NOTARIZED -- VERIFIED? I KNOW I'M LEADING YOU DOWN A ROAD YOU

PROBABLY WANT TO GO, BUT, PLEASE, FEEL FREE TO TELL ME.

MR. GOODELL: WELL, NO, I'M HAPPY TO. A

VERIFICATION IS YOU MAKE A STATEMENT UNDER OATH THAT'S TRUE. THAT'S A

VERIFICATION.

NYS ASSEMBLY MAY 14, 2019

MR. HEVESI: I UNDERSTAND THAT.

MR. GOODELL: BUT THIS BILL EXPRESSLY DOES NOT

INCLUDE A VERIFICATION. WHAT IT DOES IS AN ACKNOWLEDGMENT. AN

ACKNOWLEDGMENT IS JUST A STATEMENT BY THE NOTARY THAT THE PERSON WHO

SIGNED THE STATEMENT IS THE PERSON THEY CLAIM TO BE, HAS NOTHING

WHATSOEVER TO DO WITH THE VALIDITY OR THE HONESTY OF THE DOCUMENT, NOR

CAN IT BE USED IN ANY -- ANY ACTION FOR PERJURY OR ANYTHING OF THAT

NATURE.

MR. HEVESI: I -- APPRECIATE THAT AND THIS IS WHERE

-- THIS IS WHERE WE MAY BE DIFFERING. I HAPPEN TO BELIEVE THAT

SURVIVORS DESERVE THE BENEFIT OF THE DOUBT. I DON'T NEED INDEPENDENT

VERIFICATION FROM AN OUTSIDE JUDICIAL PROCESS OR ANY OTHER PROCESS. IF A

SURVIVOR COMES FORWARD AND SAYS, I'VE BEEN A VICTIM OF DOMESTIC

VIOLENCE AND I AM REASONABLY SURE THAT I AM UNSAFE TO LIVE IN MY

CURRENT LIVING ENVIRONMENT, THEN I TEND TO BELIEVE THEM. YOU MAY NOT.

MR. GOODELL: NOW, AS YOU KNOW, PARTICULARLY IN

THE CITY, IT'S NOT AT ALL UNUSUAL FOR AN APARTMENT TO BE OCCUPIED BY

MULTIPLE TENANTS --

MR. HEVESI: YES --

MR. GOODELL: CO-TENANCY.

MR. HEVESI: -- CO-TENANCY.

MR. GOODELL: AND MANY LANDLORDS REQUIRE --

HAVE ONE LEASE FOR THE ENTIRE APARTMENT SIGNED BY, SAY, FOUR CO-TENANTS.

MR. HEVESI: IT'S POSSIBLE.

MR. GOODELL: AND SO, IN A LEGAL SENSE THEY'RE

NYS ASSEMBLY MAY 14, 2019

WHAT WE CALL "JOINTLY AND SEVERALLY LIABLE." THAT MEANS EACH ONE OF

THEM IS RESPONSIBLE FOR THE ENTIRE AMOUNT. SO, IF SOME -- ONE OF THE

CO-TENANTS EXERCISES THIS, AND ASSUME THE OTHER CO-TENANTS HAD NOTHING

TO DO WITH THE ABUSE --

MR. HEVESI: WELL, ACTUALLY, ACTUALLY, I CAN'T LET YOU

ASSUME THAT, ANDY, BECAUSE PART OF THE REASON FOR BREAKING THE LEASE --

MR. GOODELL: MAY I FINISH THIS QUESTION?

MR. HEVESI: ABSOLUTELY, I'M SORRY.

MR. GOODELL: I UNDERSTAND THERE'S SPECIAL

PROVISIONS IF ONE OF THE CO-TENANTS IS THE ABUSER. BUT IN THOSE

SITUATIONS WHERE THE CO -- NONE OF THE OTHER CO-TENANTS ARE ABUSERS, THIS

BILL WOULD ALLOW THE TENANT, ONE OF THE CO-TENANTS, TO WALK OUT ON THE

LEASE LEAVING THE OTHER --

MR. HEVESI: CAN YOU GIVE ME ONE SECOND?

MR. GOODELL: -- CO-TENANTS TO PICK UP THE BILL,

RIGHT?

MR. HEVESI: COULD YOU HOLD ON ONE SECOND? YOU

RAISE AN INTERESTING POINT.

(PAUSE) (SIDEBAR)

OKAY. YOU'RE RIGHT. BY -- BY THE WAY, ANDY, YOU --

YOU RAISE AN INTERESTING POINT THAT I HAD NOT CONSIDERED AND I

APPRECIATE IT. SO, I WAS UNDER THE ASSUMPTION THAT A CO-TENANT WOULD

HAVE TO BE -- ONE OF THE CO-TENANTS IS THE ABUSER WHICH IS GIVING THE --

THE DOMESTIC VIOLENCE SURVIVOR THE REASON FOR GETTING OUT.

MR. GOODELL: ABSOLUTELY.

NYS ASSEMBLY MAY 14, 2019

MR. HEVESI: I'M TOLD -- I AM TOLD BY COUNSEL THAT,

IN ADDITION, IF THE ABUSER HAS ACCESS TO THE BUILDING AND IS NOT A

CO-TENANT, THAT IS ALSO -- WOULD BE SUFFICIENT FOR THE DOMESTIC VIOLENCE

SURVIVOR TO MAKE THE WRITTEN NOTICE AND GET OUT OF THE APARTMENT.

MR. GOODELL: BUT THIS --

MR. HEVESI: SO, I HAD NOT UNDERSTOOD THAT

DISTINCTION. BUT, PLEASE...

MR. GOODELL: BUT THERE'S NOTHING IN THIS

LANGUAGE THAT ACTUALLY REQUIRES THAT EITHER A CO-TENANT BE THE ABUSER OR

THAT A CO-TENANT HAVE ACCESS, RIGHT? ALL THEY NEED TO CERTIFY IS THEY'RE A

VICTIM OF DOMESTIC ABUSE.

MR. HEVESI: THAT IS CORRECT.

MR. GOODELL: AND SO, IF --

MR. HEVESI: YOU HAVE TO TRUST THE VICTIMS.

MR. GOODELL: SO, MY QUESTION IS, GOING BACK,

WHAT ABOUT THE OTHER THREE CO-TENANTS? NOW THEY'RE STUCK ON PAYING

100 PERCENT OF THE LEASE PAYMENT, CORRECT?

MR. HEVESI: NO, THEY'RE NOT. WE SET UP A

CIRCUMSTANCE FOR THEM AND IF YOU'LL -- YOU'LL READ THE BILL, HERE IS THE

CIRCUMSTANCE -- WE HAVE A -- WE CREATE A NEW -- A NEW SUBSECTION THAT

ACTUALLY MIRRORS ANOTHER PART OF THE REAL PROPERTY TAX LAW. IT SAYS

THAT IF TENANTS -- IF THERE ARE TENANTS ON THE LEASE OTHER THAN THE

TERMINATING TENANT, FIRST, THE LANDLORD WILL NOT TERMINATE OR SEVER THE

CO-TENANCY EXCEPT WITH THE OTHER TENANTS' CONSENT. THE LANDLORD MUST

PROVIDE THE REMAINING TENANTS AT LEAST 30 DAYS FROM THE TERMINATION

NYS ASSEMBLY MAY 14, 2019

DATE TO DECIDE WHETHER TO CONSENT TO A TERMINATION SEVERANCE AND, AS

IMPORTANT, THE REMAINING TENANT OR CO-TENANTS HOLDS THE RIGHT TO ADD AN

ADDITIONAL OCCUPANT. WE'RE TRYING NOT TO HURT THE LANDLORDS OR THE OTHER

TENANTS.

MR. GOODELL: SO, I UNDERSTAND THAT. SO, LET'S SAY

YOU HAVE FOUR TENANTS -- GIVE YOU A HYPOTHETICAL. YOU HAVE FOUR

TENANTS, THEY SIGN A LEASE, THEY'RE JOINTLY AND SEVERALLY LIABLE, ONE OF

THEM CLAIMS THAT THEY'RE THE VICTIM OF DOMESTIC ABUSE, THE ABUSER IS NOT

IN THE BUILDING, NOT A CO-TENANT. THIS BILL SAYS, OKAY FINE, WE LET ONE OF

THE FOUR OUT, THE OTHER THREE NOW HAVE TO PAY 100 PERCENT OF THE BILL.

THE LANDLORD CAN, BUT IS NOT REQUIRED TO TERMINATE OR SEVERENT -- SEVER,

THE -- IF THE LANDLORD SAYS, THAT'S FINE, I DON'T CARE AS LONG AS YOU PAY

THE RENT, THAT'S COOL. THIS BILL THEN GOES ON TO SAY, OKAY, SO THE OTHER

THREE NOW HAVE A STATUTORY RIGHT TO REPLACE THE ONE THAT LEFT, CORRECT?

MR. HEVESI: THAT'S CORRECT.

MR. GOODELL: AND BECAUSE THIS BILL --

MR. HEVESI: BY THE WAY, ANDY, ANDY, BECAUSE WE

DIDN'T WANT THEM TO DO WHAT YOU JUST SUGGESTED AND PAY 100 PERCENT OF

THE RENT, WE WANTED TO GIVE THEM AN AVENUE TO BRING SOMEBODY ELSE IN

TO COVER THAT PORTION.

MR. GOODELL: SO, A LOT OF TIMES LANDLORDS, AS YOU

KNOW, HAVE CONDITIONS THAT THEY IMPOSE IN -- IN ALLOWING TENANTS IN.

THEY MAY DO A CREDIT CHECK, THEY WANT TO MAKE SURE THERE'S NO OBVIOUS

PROBLEMS WITH THEM. THEY MAY BAN PETS, RIGHT?

MR. HEVESI: SURE.

NYS ASSEMBLY MAY 14, 2019

MR. GOODELL: THEY MAY BE NON-SMOKING. IS

THERE ANYTHING IN HERE THAT -- ANYTHING IN THIS LANGUAGE THAT REQUIRES

THE REPLACEMENT TENANT TO COMPLY WITH ALL THE RESTRICTIONS THAT THE

LANDLORD WOULD HAVE FOR ANY OTHER TENANT?

MR. HEVESI: I'M -- GIVE ME ONE SECOND.

(PAUSE) (SIDEBAR)

YEAH. ANDY, THIS IS COVERED UNDER EXISTING LAW. IF

SOMEBODY COMES IN, THEY WOULD HAVE TO BE HELD TO THE STANDARD OF THE

CURRENT LEASE. THEY'RE NOT COMING IN WITH NEW REQUIREMENTS, WE'RE NOT

CHANGING ANYTHING FOR THE LANDLORDS. SO, WHOEVER THE ROOMMATE, LET'S

SAY THE CO-TENANT, IN THIS CASE, BRINGS IN, WOULD HAVE TO BE FULFILLING

THE REQUIREMENTS OF THE EXISTING TENANT WHO LEFT.

MR. GOODELL: WELL, BEFORE A LANDLORD WILL SIGN A

LEASE WITH A NEW TENANT, THE LANDLORD OFTEN DOES A FAIR AMOUNT OF DUE

DILIGENCE IN THE BACKGROUND OF THE TENANT.

MR. HEVESI: YES.

MR. GOODELL: THAT DUE DILIGENCE IS NOT PART OF

THE LEASE. IT'S BEFORE THAT LANDLORD SIGNS THE LEASE.

MR. HEVESI: THAT IS CORRECT.

MR. GOODELL: SO, THE QUESTION IS, IS THERE

ANYTHING IN THIS LANGUAGE THAT ALLOWS THE TENANT TO REVIEW THE

QUALIFICATIONS OF THE PROPOSED NEW TENANT TO ENSURE THAT THEY MEET THE

LANDLORD'S PRE-LEASE, PRE-REVIEW OF QUALIFICATIONS?

MR. HEVESI: YEAH. WE PROVIDED A 30-DAY WINDOW

BEFORE THE NEXT TENANT COMES TO REPLACE THE -- THE DOMESTIC VIOLENCE

NYS ASSEMBLY MAY 14, 2019

SURVIVOR. I BELIEVE, NUMBER ONE, THAT SHOULD BE SUFFICIENT TIME FOR THE

LANDLORD OR LESSOR TO -- TO DO THEIR DUE DILIGENCE. AND, BY THE WAY,

EVEN IF IT'S NOT, THAT IS NOT A REASON TO ALLOW DOMESTIC VIOLENCE

SURVIVORS TO STAY IN AN UNSAFE SITUATION.

MR. GOODELL: AS YOU KNOW, THERE ARE MANY

TENANCIES WHERE THE PEOPLE THAT ARE ALLOWED IN AS TENANTS HAVE TO MEET

CERTAIN CRITERIA. THEY MIGHT HAVE TO BE OVER A CERTAIN AGE, FOR

EXAMPLE, OR UNDER A CERTAIN INCOME.

MR. HEVESI: YES.

MR. GOODELL: IS THERE ANYTHING IN THIS THAT

REQUIRES THE REPLACEMENT TENANT TO MEET THOSE CRITERIA? I'M LOOKING AT

PARAGRAPH -- I'M LOOKING AT PAGE 6, LINE 14 THROUGH 16. I DON'T SEE THAT

THERE'S ANY RESTRICTIONS WHATSOEVER IN THE STATUTORY RIGHT AS WRITTEN --

MR. HEVESI: WHY -- ANDY, I'M --

MR. GOODELL: -- TO PUT SOMEBODY IN THERE THAT

DOESN'T OTHERWISE QUALIFY.

MR. HEVESI: FIRST OF ALL, NOBODY IS PUTTING

SOMEBODY IN THERE THAT WOULDN'T OTHERWISE QUALIFY UNLESS THE LANDLORD

AGREES, NUMBER ONE. AND THE CO-TENANT --

MR. GOODELL: DOES IT REQUIRE THE LANDLORD'S

CONSENT?

MR. HEVESI: ANDY, LET ME -- PLEASE LET ME FINISH.

SO, IF THE LANDLORD DOESN'T AGREE AND/OR THE CO-TENANT DOESN'T AGREE, IT'S

NOT HAPPENING, NUMBER ONE. AND, NUMBER TWO, I'M A LITTLE CONCERNED

ABOUT THE QUESTION. YOU WOULD WANT US TO PUT INTO STATUTE THAT THE

NYS ASSEMBLY MAY 14, 2019

REPLACEMENT TENANT, THE PERSON WHO'S COMING IN HAS TO MEET A BUNCH

OF REQUIREMENTS THAT THEY ARE LIKE IN AGE, DEMOGRAPHIC CHARACTERISTICS

AS THE DOMESTIC VIOLENCE SURVIVOR? WE WOULD NEVER DO THAT.

MR. GOODELL: WELL, AS YOU KNOW, WE HAVE THAT IN

MANY STATUTORY PROVISIONS WHERE WE HAVE INCOME RESTRICTIONS IF YOU'RE

MOVING INTO A --

MR. HEVESI: SO, IF WE HAVE IT IN MANY

CIRCUMSTANCES --

MR. GOODELL: BUT -- BUT --

MR. HEVESI: -- THEN IT'S UNDER CURRENT LAW.

MR. GOODELL: -- IF I MAY FINISH MY QUESTION.

MR. HEVESI: -- WHY WOULD WE PUT IT IN THIS BILL?

MR. GOODELL: IF I MAY FINISH MY QUESTION. IS

THERE ANY LANGUAGE IN HERE THAT ALLOWS THE LANDLORD TO REVIEW THE

TENANTS AND GIVE CONSENT OR NOT?

MR. HEVESI: YES. THE LANDLORD HAS 30 DAYS TO

APPROVE.

MR. GOODELL: WHERE IS THAT? I APOLOGIZE.

(PAUSE) (SIDEBAR)

MR. HEVESI: YEAH, ANDY, WE -- WE DIDN'T PUT

ANYTHING IN THE LAW THAT WOULD REQUIRE A LANDLORD TO TAKE IN A TENANT

THEY DID NOT WANT. WE EXPRESSLY TRIED TO MAKE THIS AS PALATABLE TO THE

LANDLORDS AS POSSIBLE.

MR. GOODELL: OKAY. NOW, YOU -- YOU HAVE

VARIOUS CONFIDENTIALITY PROVISIONS IN THIS. DOES THIS PREVENT THE

NYS ASSEMBLY MAY 14, 2019

LANDLORD, THESE CONFIDENTIALITY PROVISIONS, FROM NOTIFYING --

MR. HEVESI: SORRY, ANDY, I -- I MISSED THE

BEGINNING. SAY IT AGAIN, SIR. SORRY.

MR. GOODELL: THERE ARE VARIOUS CONFIDENTIALITY

PROVISIONS IN THIS STATUTE.

MR. HEVESI: YES.

MR. GOODELL: DO THESE CONFIDENTIALITY PROVISIONS

MAKE IT ILLEGAL FOR A LANDLORD TO NOTIFY LAW ENFORCEMENT THAT THERE IS AN

ABUSER THAT MAY BE A CO-TENANT OR THAT THERE MAY BE AN ABUSER THAT HAS

ACCESS TO THE BUILDING, OR EVEN THAT A PARTICULAR TENANT IS -- IS THE

VICTIM OF ABUSE?

MR. HEVESI: YES. AND, ANDY, WHILE I -- I

SYMPATHIZE WITH YOU ON THIS POINT, THIS BILL IS NOT A MECHANISM TO GO

OUT AND GET PEOPLE AND GET THEM INVOLVED IN THE POLICE AND THE JUDICIAL

SYSTEM. THIS IS A MEASURE TO SAVE VICTIMS FROM ABUSE. SO, I

UNDERSTAND WHY YOU'RE GOING THERE, BUT NO, WE WOULDN'T REQUIRE THAT,

AND WE CERTAINLY DIDN'T REQUIRE IT IN THIS BILL.

MR. GOODELL: WELL, YOU ACTUALLY PROHIBIT IT, DON'T

YOU?

MR. HEVESI: YES. BECAUSE IT IS IMPORTANT TO US

THAT DOMESTIC VIOLENCE SURVIVORS NOT BE LABELED "SURVIVORS" BY THEIR

LANDLORDS. SO --

ACTING SPEAKER AUBRY: AS -- AS IN THE OTHER

CIRCUMSTANCE, NO ONE ELSE IS UP.

MR. GOODELL, DO YOU WANT TO CONTINUE YOUR 15?

NYS ASSEMBLY MAY 14, 2019

MR. GOODELL: MR. HEVESI, ARE YOU CONTINUING TO

YIELD?

MR. HEVESI: IF YOU'D LIKE ME TO. I'D BE HAPPY TO.

MR. GOODELL: YES, THANK YOU.

ACTING SPEAKER AUBRY: MR. HEVESI CONTINUES

TO YIELD.

MR. HEVESI: I DON'T THINK MY COLLEAGUES ARE SO

HAPPY ABOUT IT, BUT I AM -- AM HAPPY.

MR. GOODELL: WE MAY SHARE THAT... THAT

SENTIMENT, YOU KNOW.

MR. HEVESI: OKAY.

MR. GOODELL: I'M LOOKING AT THE LAST PAGE ON

LINES 27 THROUGH 30. THIS STATES THAT A LANDLORD SHALL NOT DIVULGE THAT

ANYONE LEFT OR TERMINATED THE LEASE ACCORDING TO THIS PROVISION OF LAW,

CORRECT?

MR. HEVESI: THAT'S CORRECT.

MR. GOODELL: SO, HOW DOES THAT COMPORT WITH

FREE SPEECH RIGHTS? I MEAN, WE'RE SAYING A LANDLORD CAN'T TALK ABOUT

WHY SOMEONE TERMINATED THEIR LEASE?

MR. HEVESI: YES. I DON'T BELIEVE A LANDLORD'S RIGHT

TO FREE SPEECH INCLUDES HAVING TO OUT SOMEBODY FOR BEING A DOMESTIC

VIOLENCE VICTIM. THAT IS CORRECT, IT DOES NOT INCLUDE THAT.

MR. GOODELL: THAT'S A VERY INTERESTING FIRST

AMENDMENT ARGUMENT.

MR. HEVESI: YEAH.

NYS ASSEMBLY MAY 14, 2019

MR. GOODELL: OKAY.

MR. HEVESI: I WOULD ARGUE THAT THE RIGHTS OF THE

VICTIM TO PRIVACY SUPERSEDES THAT.

MR. GOODELL: CAN THE LANDLORD SUBSEQUENTLY

REFUSE TO RENT TO SUCH A TENANT?

MR. HEVESI: SAY THAT AGAIN?

MR. GOODELL: CAN THE LANDLORD SUBSEQUENTLY

REFUSE TO RENT TO SUCH A TENANT?

MR. HEVESI: TO WHICH TENANT? I'M -- I'M UNCLEAR

ON THE QUESTION.

MR. GOODELL: I'LL WITHDRAW THE QUESTION.

MR. HEVESI, THANK YOU VERY MUCH.

MR. HEVESI: THANK YOU, MR. GOODELL. APPRECIATE

IT.

MR. GOODELL: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: SINCE 2007, WE'VE HAD A PROCEDURE

IN PLACE WHERE A VICTIM OF DOMESTIC ABUSE WHO SEEKS TO OBTAIN AN

ORDER OF PROTECTION CAN ALSO OBTAIN A COURT ORDER TERMINATING THEIR

LEASE. THAT PROCESS WHICH WE ALREADY HAVE IN PLACE BALANCES THE NEED

FOR PROTECTION WITH THE CONTRACTUAL RIGHTS THAT A LANDLORD WOULD HAVE.

AND IT TREATS VERY CAREFULLY THE FACT THAT WE WANT TO HAVE PEOPLE WHO

ARE FEARFUL AND HAVE AN ORDER OF PROTECTION, WE WANT TO BE ABLE TO HELP

THOSE PEOPLE WHO HAVE AN ORDER OF PROTECTION BE ABLE TO GET OUT OF

NYS ASSEMBLY MAY 14, 2019

THEIR LEASE. THAT'S THE CURRENT LAW. AND THERE'S A LOT OF GOOD REASONS

FOR THIS.

UNDER THE CURRENT LAW, YOU HAVE AN INDEPENDENT

JUDICIAL REVIEW. UNDER THIS BILL THERE'S NO INDEPENDENT JUDICIAL REVIEW.

UNDER CURRENT LAW, YOU HAVE AN ORDER OF PROTECTION, WHICH MEANS THAT

A JUDGE HAS DETERMINED THERE'S A DANGEROUS SITUATION. UNDER THIS

PROPOSED LAW, THERE'S NO ORDER OF PROTECTION THAT'S REQUIRED. UNDER THE

CURRENT LAW, THE LAW ENFORCEMENT HAS TO BE INVOLVED AND TRY TO STOP THE

ABUSE, IDENTIFY THE ABUSER AND TAKE STEPS TO PREVENT THIS FROM

OCCURRING. UNDER THIS PROPOSED LAW, THERE'S NO REQUIREMENT FOR THE

FAMILY COURT OR THE LAW ENFORCEMENT OR ANYONE ELSE TO BE INVOLVED,

AND NO -- NO REQUIREMENT THAT WE BE ADDRESSING THE ABUSER HIMSELF OR

HERSELF.

UNDER CURRENT LAW THERE'S A REQUIREMENT THAT THERE BE

A CONNECTION BETWEEN THE ALLEGED ABUSE AND THE TERMINATION OF THE

LEASE. THIS ONE HAS ONE, BUT IT -- IT'S A DETERMINATION THAT'S MADE NOT

BY THE TENANT UNDER OATH OR IN A COURT PROCEEDING, BUT CAN BE MADE BY

A SOCIAL WORKER IN AN UNVERIFIED STATEMENT. UNDER THIS PROPOSAL, THE

TENANTS HAVE A STATUTORY RIGHT TO REPLACE THE CO-TENANT. STATUTORY RIGHT.

THAT'S A NEW CONCEPT, ISN'T IT? BECAUSE RIGHT NOW, ANYONE ELSE, IF

YOU'RE IN ANY OTHER LEASE ANYWHERE ELSE IN THE STATE OF NEW YORK AND

ONE OF THE CO-TENANTS LEAVE, YOU DON'T HAVE A STATUTORY RIGHT TO REPLACE

THEM, YOU HAVE TO GET THE PERMISSION OF THE LANDLORD. THE LANDLORD

MIGHT WANT TO KNOW ARE THEY -- DO THEY HAVE A HISTORY OF SELLING DRUGS

OUT OF THE APARTMENT? DO THEY HAVE A PET? ARE THEY A SMOKER? DO

NYS ASSEMBLY MAY 14, 2019

THEY HAVE A DECENT CREDIT REPORT? THIS LAW SAYS YOU HAVE A STATUTORY

RIGHT TO REPLACE THEM WITHOUT ANY APPROVAL BY THE LANDLORD. NO

APPROVAL REQUIRED.

UNDER THE CURRENT LAW, AS I MENTIONED, WE WANT TO

INVOLVE THE FAMILY COURT, SOCIAL SERVICES, LAW ENFORCEMENT. UNDER

THIS LAW, IT'S ILLEGAL FOR A LANDLORD TO REPORT THIS ABUSE SITUATION TO THE

AUTHORITIES. WE CALL IT CONFIDENTIALITY. WE GO ONE STEP FURTHER AND WE

SAY IT'S ALSO ILLEGAL FOR THE LANDLORD TO EVEN TALK ABOUT WHY THE TENANT

LEFT. THAT'S AN INTERESTING SITUATION, ISN'T IT? IMAGINE YOU'RE THE

LANDLORD, YOU RENT AN APARTMENT TO FOUR PEOPLE, THEY'RE CO-TENANTS, ONE

OF THEM EXERCISES THEIR OPTION HERE, YOU GO TO OTHER THREE TENANTS AND

SAY, SORRY GUYS, YOUR CO-TENANT LEFT, YOU GUYS HAVE TO EITHER FIND A

REPLACEMENT TENANT OR YOU PICK UP THE FULL FREIGHT. AND THEY SAY, WELL,

WHY DID SO AND SO LEAVE? I CAN'T TELL YA. I'D BE FINED $1,000 AND FACE

SERIOUS CONSEQUENCES IF I TOLD YOU WHY YOUR CO-TENANT LEFT.

THE CURRENT LAW IS A SERIES OF CHECKS AND BALANCES.

IT'S A CAREFULLY THOUGHT-OUT SYSTEM. I BELIEVE WE SHOULD STAY WITH THE

CURRENT LAW AND NOT MOVE IN THIS DIRECTION. THANK YOU, SIR.

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.)

NYS ASSEMBLY MAY 14, 2019

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: WE'LL NOW GO TO

CALENDAR NO. 298.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05608, CALENDAR NO.

298, WEINSTEIN, SEAWRIGHT, GLICK, JAFFEE, D'URSO, BARRON, COLTON,

TAYLOR, GRIFFIN. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION

TO EXPANDING THE CRIMES INCLUDED IN DOMESTIC VIOLENCE TO INCLUDE

IDENTITY THEFT, GRAND LARCENY AND COERCION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

ON A MOTION BY MS. WEINSTEIN, 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.

MRS. PEOPLES-STOKES.

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

GO NOW TO CALENDAR NO. 299 BY MS. WEINSTEIN, CALENDAR NO. 300 BY

MS. WEINSTEIN AND CALENDAR NO. 315 BY MS. WEINSTEIN.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

NYS ASSEMBLY MAY 14, 2019

THE CLERK: ASSEMBLY NO. A05614, CALENDAR NO.

299, WEINSTEIN, JAFFEE, PERRY, ZEBROWSKI, SEAWRIGHT, M.G. MILLER,

PAULIN, TITUS, BICHOTTE, BRONSON, TAYLOR. AN ACT TO AMEND THE CIVIL

PRACTICE LAW AND RULES, IN RELATION TO EXEMPTING PARTIES LIABLE FOR

FAILURE TO OBEY OR ENFORCE CERTAIN ORDERS OF PROTECTION OR TEMPORARY

ORDERS OF PROTECTION IN DOMESTIC VIOLENCE OR DOMESTIC RELATIONS MATTERS

FROM THE PROVISIONS OF ARTICLE 16 OF SUCH LAW, ENTITLED "LIMITED

LIABILITY OF PERSONS JOINTLY LIABLE."

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

AN EXPLANATION IS REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: YES. VERY SIMPLY, THIS BILL -- YES,

THIS BILL SAYS THAT ONCE LIABILITY HAS BEEN FOUND AGAINST A MUNICIPALITY,

THAT THEY COULD BE LIABLE IN THE INSTANCE OF DOMESTIC VIOLENCE FOR

FAILURE TO PROTECT THE VICTIM BASED ON ASSURANCES THAT THEY -- THEY

WOULD, THEN THEY COULD BE RESPONSIBLE FOR THE ENTIRE AMOUNT OF

DAMAGES. JUST TO -- TO CLARIFY, WE DO NOTHING TO CHANGE THE LIABILITY,

THE STANDARD OF LIABILITY, WHICH IS EXTREMELY, EXTREMELY STRICT, IN ORDER

TO FIND A MUNICIPALITY HAD AN OBLIGATION TO PROTECT THE VICTIM. BUT

ONCE THAT STANDARD, THE CURRENT STANDARD IN LAW IS MET, THEN THIS SAYS

THAT THE VICTIM SHOULD NOT BE THE SELF-INSURER OF HER DAMAGES.

ACTING SPEAKER AUBRY: MR. RA.

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

YIELD?

NYS ASSEMBLY MAY 14, 2019

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. RA: OKAY. AND THANK YOU FOR THAT EXPLANATION,

BECAUSE I THINK THAT IS IMPORTANT FOR OUR COLLEAGUES TO -- TO UNDERSTAND

WHAT THIS BILL -- THAT IT DOESN'T CREATE LIABILITY WHERE THERE WOULDN'T BE

ANY, BUT WHAT IT HAS TO DO WITH IS HOW THE LIABILITY IS ACTUALLY SPREAD

OUT AMONGST POTENTIALLY MULTIPLE PEOPLE --

MS. WEINSTEIN: THE "DAMAGES", CORRECT.

MR. RA: YEAH, THE "DAMAGES", I SHOULD SAY. SO,

JUST -- JUST, THOUGH, FOR -- FOR CLARIFICATION AND I -- I KNOW WE HAVE

DONE THIS BILL MANY TIMES BEFORE. UNDER NEW YORK STATE LAW, THERE

ARE EXCEPTIONS TO THIS, BUT -- BUT NORMALLY, IF -- IF SOMEBODY WHO THEIR

PORTION OF DAMAGES IS LESS THAN 50 PERCENT, THEIR RESPONSIBILITY FOR THEIR

PORTION OF THE DAMAGES -- AND -- AND THAT'S THE WAY THE DAMAGES ARE

APPORTIONED, THEY CAN'T BE HELD RESPONSIBILE FOR THE ENTIRE SHARE.

MS. WEINSTEIN: CORRECT.

MR. RA: THIS CREATES AT NEW EXCEPTION UNDER WHICH

THOSE MUNICIPALITIES, WHERE THAT LIABILITY HAS ALREADY BEEN FOUND, CAN

BE HELD LIABLE FOR THE ENTIRE AMOUNT OF THE DAMAGES, CORRECT?

MS. WEINSTEIN: CORRECT.

MR. RA: AND THAT'S -- THAT'S WITHOUT REGARD TO THE

PERCENTAGE TO WHICH THEY ARE FOUND TO BE LIABLE.

MS. WEINSTEIN: CORRECT.

MR. RA: OKAY. SO, IT COULD BE 10 PERCENT, 5 PERCENT

NYS ASSEMBLY MAY 14, 2019

THEY WOULD RESPONSIBLE FOR THE ENTIRE AMOUNT, CORRECT?

MS. WEINSTEIN: YES. AND IN -- JUST TO

REEMPHASIZE WHAT -- WHAT YOU -- YOU SAID AND WHAT I SAID, THERE HAVE

BEEN VERY FEW INSTANCES, IN FACT, WHERE THE COURTS HAVE FOUND THAT THE

POLICE OWED THAT SPECIAL -- MUNICIPALITY OWED THAT SPECIAL DUTY OF

CARE. BUT IN THOSE VERY LIMITED CIRCUMSTANCES WHERE THERE IS LIABILITY,

THIS WOULD ALLOW THE VICTIM TO NOT BE THE SELF-INSURER OF HER OWN

DAMAGES.

MR. RA: OKAY. NOW, IF -- IF A SITUATION DOES COME

UP -- I MEAN, NORMALLY, WHAT'S -- WHAT'S PROBABLY GOING TO HAPPEN HERE

IS, YOU KNOW, THIS IS GOING TO LIKELY BE THE "BIGGER POCKET"

SO-TO-SPEAK, FOR THE -- FOR THE VICTIM OF THE ABUSE TO -- TO GO AFTER FOR

DAMAGES. BUT DOES THE MUNICIPALITY HAVE ANY -- ANY RECOURSE TO GO

AFTER ANY -- ANY OTHER PEOPLE WHO MAY BE AT FAULT IN THESE SITUATIONS?

MS. WEINSTEIN: WELL, CERTAINLY THE -- THE ABUSER

IS GENERALLY GOING TO HAVE -- BE THE MOST AT FAULT, RIGHT? SO, TO THE

EXTENT THEY HAVE RESOURCES, OBVIOUSLY THEY WOULD HAVE THE ABILITY TO --

THOSE RESOURCES WOULD BE ABLE TO BE RECOVERED AGAINST THAT -- THE

ABUSER THEMSELVES.

MR. RA: SO, THE MUNICIPALITY COULD THEN GO AFTER --

MS. WEINSTEIN: SURE.

MR. RA: IF THE ABUSER --

MS. WEINSTEIN: YES.

MR. RA: -- DID HAVE SOME FINANCIAL MEANS TO -- TO

BE ABLE TO PAY THE JUDGMENT --

NYS ASSEMBLY MAY 14, 2019

MS. WEINSTEIN: CORRECT.

MR. RA: -- THE MUNICIPALITY COULD GO AFTER THEM FOR

THAT, CORRECT?

MS. WEINSTEIN: CORRECT.

MR. RA: ALL RIGHT. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER DILAN: ON THE BILL.

MR. RA: THANK YOU. AND -- AND I THINK IT IS

IMPORTANT, AGAIN, TO POINT OUT THAT THIS DOESN'T CREATE LIABILITY WHERE

THERE IS NONE AND THERE IS A -- A PRETTY STRINGENT STANDARD FOR WHEN, YOU

KNOW, THERE WOULD BE LIABILITY. WE'RE NOT TALKING ABOUT, YOU KNOW,

PARTICULARLY RUN-OF-THE-MILL SITUATIONS, BUT, I -- I THINK THERE IS A

CONCERN THAT HAS BEEN RAISED ON THE MUNICIPAL SIDE OF THIS EQUATION

WITH THE FACT THAT IT'S LIKELY GOING TO BE THE ABUSER WHO IS FOUND MOST

RESPONSIBLE AND, YOU KNOW, IT COULD BE 90 PERCENT, 95 PERCENT

RESPONSIBLE AND THE MUNICIPALITY IS MAYBE FOUND 5 OR 10 PERCENT

RESPONSIBLE, BUT THEN WOULD BE RESPONSIBLE FOR THE FULL JUDGMENT.

I -- I THINK, YOU KNOW, IT -- IT MAKES SENSE THAT WE'RE

TRYING TO ENSURE THAT IF THE BURDEN FALLS SOMEWHERE, THAT IT DOESN'T FALL

ON THE VICTIM, BUT, YOU KNOW, THE MUNICIPALITY IS GOING TO BE LIKELY THE

-- THE DEEPEST POCKET TO GO AFTER. AND IN A SITUATION WHERE THERE ARE

NO, YOU KNOW, FINANCIAL MEANS TO PAY A JUDGMENT ON -- ON THE SIDE OF

THE -- OF THE ABUSER, WHEN THE ABUSER DOES NOT HAVE THE FINANCIAL

MEANS TO PAY THE JUDGMENT, THE FULL WEIGHT OF IT IS GOING TO FALL ON THE

MUNICIPALITY. AND -- AND I KNOW THAT THAT IS A CONCERN THAT MANY

NYS ASSEMBLY MAY 14, 2019

ORGANIZATIONS HAVE RAISED AND A REASON WHY SOME OF OUR COLLEAGUES

WILL BE VOTING IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05618, CALENDAR NO.

300, WEINSTEIN, SIMOTAS, GLICK, JAFFEE, FAHY, L. ROSENTHAL, PERRY,

ZEBROWSKI, M.G. MILLER, PAULIN, TITUS, GOTTFRIED, LAVINE, COLTON,

SEAWRIGHT, BICHOTTE, BURKE, TAYLOR, GRIFFIN. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO PROHIBITING EMPLOYERS FROM

DISCRIMINATING AGAINST VICTIMS OF DOMESTIC VIOLENCE; AND TO REPEAL

CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY MAY 14, 2019

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07395, CALENDAR NO.

315, WEINSTEIN. AN ACT TO AMEND THE FAMILY COURT ACT AND THE

CRIMINAL PROCEDURE LAW, IN RELATION TO NOTIFICATION OF RIGHTS OF VICTIMS

OF DOMESTIC VIOLENCE IN CRIMINAL AND FAMILY COURT PROCEEDINGS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: UNDER CURRENT LAW, EVERY POLICE

OFFICER WHO IS INVESTIGATING A FAMILY OFFENSE IS REQUIRED TO GIVE A

NOTICE TO THE INDIVIDUALS THAT ARE INVOLVED THAT GIVE THEM A STATEMENT

OF WHAT SERVICES MIGHT BE AVAILABLE AND WHAT THEY CAN REQUEST. AND

THE CURRENT LAW, IN MY OPINION, IS VERY WELL-WRITTEN AND IT DOES A GREAT

JOB. AND THE -- THE SECTION THAT DEALS PARTICULARLY WITH POLICE OFFICERS

UNDER CURRENT LAW SAYS IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE, YOU

MAY REQUEST THAT THE OFFICER ASSIST YOU IN A NUMBER OF THINGS.

SO, EVEN THOUGH I THINK WE HAVE A VERY WELL-WRITTEN

CURRENT NOTICE, OCA HAS FELT THAT THEY SHOULD CHANGE IT, AND WHEN THEY

CHANGED IT, THIS IS HOW THEY CHANGED THE LANGUAGE: INSTEAD OF SAYING

YOU CAN REQUEST THE OFFICER TO ASSIST YOU, THE NEW LANGUAGE SAYS, THIS IS

WHAT THE POLICE CAN DO. AND THEN THEY LIST A WHOLE BUNCH OF THINGS.

NYS ASSEMBLY MAY 14, 2019

THE POLICE CAN HELP YOU FIND A PLACE -- A SAFE PLACE. OR, TAKE YOU TO A

FRIEND'S HOUSE. OR, GET YOUR PERSONAL DWELLINGS.

SO, THE -- THE DIFFERENCE IN THE LANGUAGE IS THE FIRST

ONE SAYS THIS IS WHAT YOU CAN REQUEST THE POLICE TO HELP YOU DO, AND THE

SECOND ONE SAYS THIS IS WHAT THE POLICE CAN DO. AND THE PROBLEM WITH

THAT IS IT'S GOING -- WE'RE GOING TO HAVE A LOT OF PROBLEMS WHEN PEOPLE

IN A FAMILY OFFENSE ARE NOW ASKING THE POLICE TO BECOME THEIR

CHAUFFEUR WITH THE EXPECTATION THAT WHEN A POLICE OFFICER SAYS, I'M

SORRY, I -- I CAN'T DO THAT NOW BECAUSE I'M TIED UP, OR, I CAN REFER YOU

TO SOMEBODY ELSE, THEY SAY, NO, WAIT A MINUTE, THE NOTICE YOU SAID SAYS

YOU CAN DO THIS, YOU CAN DO THIS, YOU CAN DO THIS. SO, THE EXISTING

LANGUAGE IS EXACTLY THE RIGHT LANGUAGE, IN MY OPINION, AND THE NEW

LANGUAGE IS GOING TO CREATE PROBLEMS.

BUT THE SECOND INTERESTING THING ABOUT THIS BILL IS IT

REQUIRES THAT THE NOTICE BE GIVEN IN ENGLISH, I'M OKAY WITH THAT;

SPANISH, I'M OKAY WITH THAT. BUT IT ALSO REQUIRES A NOTICE BE GIVEN IN

RUSSIAN OR CHINESE. IT DOESN'T IDENTIFY WHICH CHINESE DIALECT, BY THE

WAY. SO, JUST FOR FUN, I LOOKED IT UP. HOW COME WE'RE NOT GIVING IT IN

ANY OTHER FOREIGN LANGUAGES? ARE WE, LIKE, PREJUDICED AGAINST THE

ITALIANS, WHO, BY THE WAY, HAVE A THIRD MORE FOREIGN BORN ITALIANS IN --

IN NEW YORK STATE THAN RUSSIANS. I CAN COUNT ON ONE HAND THE

NUMBER OF RUSSIANS IN MY DISTRICT. BUT WHY RUSSIAN AND NOT

PHILIPPINES, WHO HAVE -- FILIPINOS WHO HAVE MORE THAN RUSSIANS. WE

HAVE MORE ITALIANS. WE HAVE MORE PEOPLE FROM BANGLADESH. WE HAVE

ALMOST TWO-AND-A-HALF TIMES MORE FROM INDIA.

NYS ASSEMBLY MAY 14, 2019

NOW, I DON'T THINK OCA IS INVOLVED IN COLLUSION WITH

THE RUSSIANS, BUT WE COULDN'T CERTAINLY ASK OUR NEW YORK STATE

ATTORNEY GENERAL TO INVESTIGATE THAT. AND I KNOW WE'RE IN A TRADE WAR

WITH THE CHINESE, BUT I STILL DON'T UNDERSTAND WHY THIS REPORT, BY LAW,

WOULD HAVE TO BE PROVIDED IN RUSSIAN AND CHINESE AND NOT JUST SIMPLY

SAY, LOOK, IT'LL BE IN ENGLISH, SPANISH, AND IF YOU WANT SOME OTHER

TRANSLATION, PLEASE ASK. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. WEINSTEIN TO EXPLAIN HER VOTE.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER, JUST

VERY BRIEFLY. THE IMPORTANCE OF THIS LEGISLATION IS THAT IT WAS -- THIS

NOTICE WAS PUT INTO PLACE 25 YEARS AGO, AND WE'VE MADE NUMEROUS

CHANGES IN THE LAW IN TERMS OF PROTECTIONS FOR DOMESTIC VIOLENCE

VICTIMS. SO THIS UPDATES THE NOTICE RELATING TO THE GROWING LIST OF

FAMILY OFFENSES AND HOW PROTECTION FOR PETS AND SERVICE ANIMALS OF

VICTIMS OF DOMESTIC VIOLENCE. IT ALSO REQUIRES AT -- AS WAS STATED

DURING THE DISCUSSION PREVIOUSLY, AS -- AT A MINIMUM, THAT IT BE

AVAILABLE IN ENGLISH, SPANISH, CHINESE AND RUSSIAN. IT'S ONLY THE FLOOR,

NOT -- NOT THE CEILING, SO WE CERTAINLY WOULD HOPE THAT OCA WOULD

TRANSLATE INTO LANGUAGES THAT ARE APPROPRIATE FOR THE COMMUNITY. BUT

NYS ASSEMBLY MAY 14, 2019

IT'S ONLY AVAILABILITY. IT WILL NOT BE GIVEN TO SOMEONE WHO DOESN'T

SPEAK THAT LANGUAGE, BUT WILL, IN FACT, HELP.

AND PART OF -- THE OTHER THING THE BILL -- THIS NOTICE

WILL DO, IT WILL SIMPLIFY THE ENGLISH. THE ORIGINAL TEXT AND -- MIND

YOU, THIS BILL PASSED UNANIMOUSLY LAST YEAR, THE ORIGINAL -- THE CURRENT

NOTICE, YOU NEED ALMOST A COLLEGE -- IT'S BEEN STUDIED -- YOU NEED A

COLLEGE DEGREE TO REALLY UNDERSTAND THE LANGUAGE. THIS BILL IS PLAINER,

SIMPLER ENGLISH AND IS DESIGNED MORE FOR SOMEONE IN A MIDDLE SCHOOL

CAPACITY.

SO, I WOULD ENCOURAGE MY COLLEAGUES TO VOTE FOR THE

BILL AGAIN THIS YEAR, AS THEY DID LAST YEAR, AND WE CAN HELP PROTECT

VICTIMS OF DOMESTIC VIOLENCE. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WEINSTEIN IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: TO EXPLAIN MY VOTE, SIR. WHEN IT

COMES TO A STATUTORY REQUIREMENT THAT NOTICES BE PRINTED IN RUSSIAN,

MY VOTE IS NYET, OR NO.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

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 YOU

NYS ASSEMBLY MAY 14, 2019

COULD CALL ON MR. OTIS FOR AN ANNOUNCEMENT, PLEASE.

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF A [SIC] ANNOUNCEMENT.

MR. OTIS: IN A NOD TO "LONG DAY'S JOURNEY INTO

NIGHT", THERE'LL BE A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF

SESSION TODAY.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE, END OF SESSION.

MRS. PEOPLES-STOKES.

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

HAVE ANY HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE BOTH, MRS.

PEOPLES-STOKES.

ON A MOTION BY MS. SOLAGES, PAGE 12, CALENDAR NO.

164, BILL NO. A.02315, AMENDMENTS ARE RECEIVED AND ADOPTED.

NUMEROUS FINE RESOLUTIONS WHICH WE WILL TAKE UP

WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; ALL THOSE OPPOSED SAY, NEIN. AND NYET, OR WHATEVER MR. GOODELL

SAID.

(LAUGHTER)

THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 394-401

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MAY 14, 2019

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY,

MAY THE 15TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:23 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, MAY 15TH AT 10:00 A.M., WEDNESDAY

BEING A SESSION DAY.)