MONDAY, MAY 20, 2019 3:03 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
PASTOR GUERSCHOM JOSEPH WILL OFFER A PRAYER.
PASTOR GUERSCHOM JOSEPH: WE THANK YOU
FOR EVERY INDIVIDUAL WHO BEHIND THE SCENES HAS PREPARED US FOR THIS
DAY, FROM THE JANITOR ALL THE WAY TO ADMINISTRATIVE ASSISTANT. I THANK
YOU FOR EACH AND EVERY ONE OF THE ELECTED OFFICIALS WHO ARE HERE WHO
WILL DISCUSS, CROSS-POLLINATE IDEAS, AND EVEN VEHEMENTLY ARGUE WITH
THE PURPOSE OF MAKING THIS GREAT STATE OF NEW YORK TO STAY GREAT. I
ASK YOU THAT YOU PROVIDE THEM WITH WISDOM, COMPASSION AND
COURAGE TO DO WHAT THEY NEED TO DO. AMEN, AMEN, AND AMEN.
MEMBERS: AMEN.
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
1
NYS ASSEMBLY MAY 20, 2019
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SUNDAY, MAY 19TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MAY THE
19TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES --
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR AN OPPORTUNITY TO SHARE A QUOTE WITH OUR COLLEAGUES,
GUESTS AND STAFF THAT'S IN THE CHAMBERS [SIC]. YESTERDAY, AS YOU KNOW,
WAS MAY THE 19TH, WAS ACTUALLY THE BIRTHDAY OF MALCOLM X, SO WE'LL BE
QUOTING FROM MALCOLM TODAY. HE SAID, "EVERY DEFEAT, EVERY
HEARTACHE, EVERY LOSS CONTAINS ITS OWN SEED. IT'S OUR LESSON ON HOW TO
IMPROVE THE PERFORMANCE FOR THE NEXT TIME." AGAIN, MR. SPEAKER, THAT
IS BY MALCOLM X. HE WAS BORN IN OMAHA, NEBRASKA. I UNDERSTAND HE
DID LIVE SOME TIME IN NEW YORK CITY, IN YOUR DISTRICT, AS WELL AS IN
MEMBER DICKENS' DISTRICT.
SO, WITH THAT, MR. SPEAKER, MEMBERS SHOULD BE AWARE
THEY HAVE ON THEIR DESK A MAIN CALENDAR WITH 48 NEW BILLS, BEGINNING
WITH CALENDAR NO. 316. AND THEN AFTER ANY INTRODUCTIONS AND/OR
2
NYS ASSEMBLY MAY 20, 2019
HOUSEKEEPING, WE WILL TAKE UP RESOLUTIONS ON PAGE 3, INCLUDING ONE BY
MS. SOLAGES IN COMMEMORATION OF HAITIAN UNITY DAY. WE WILL BEGIN
OUR CONSENT OF NEW BILLS ON PAGE 4, AND WE WILL ALSO TAKE UP SOME BILLS
ON DEBATE, AS WELL. MEMBERS SHOULD KNOW AND -- BUT LET ME REMIND
YOU AGAIN THAT THERE WILL BE A NEED FOR A DEMOCRATIC CONFERENCE AFTER
WE'RE DONE WITH SESSION TODAY. AND WE WILL, OF COURSE, CONFER WITH
OUR COLLEAGUES ON THE OTHER SIDE TO SEE WHAT THEIR NEEDS ARE, AS WELL.
THAT'S THE GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE
ANY INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: CERTAINLY.
HOUSEKEEPING FIRST, MRS. PEOPLES-STOKES.
ON A MOTION BY MS. SIMOTAS, PAGE 23, CALENDAR NO.
176, BILL NO. A01047, AMENDMENTS ARE RECEIVED AND ADOPTED.
FOR THE PURPOSES OF A [SIC] INTRODUCTION, MS. JAFFEE.
MS. JAFFEE: THANK YOU, MR. SPEAKER. IT IS A GREAT
HONOR TO JOIN MY COLLEAGUES TO SUPPORT THE HAITIAN UNITY DAY
RESOLUTION. AGAIN, THIS YEAR CELEBRATING THIS WONDERFUL DAY AND THE
HISTORY OF THE HAITIAN PEOPLE AND TO RECOGNIZE THE COUNTLESS
CONTRIBUTIONS THE HAITIAN DIASPORA TO NEW YORK STATE, THE UNITED
STATES AND THE WORLD. NEW YORK STATE IS FORTUNATE TO HAVE SUCH A
VIBRANT GROUP OF PEOPLE WHO DAY IN AND DAY OUT WORK HARD TO MAKE
BETTER -- A BETTER LIFE FOR THEMSELVES AND THEIR CHILDREN, WHILE
CONTRIBUTING TO OUR LOCAL COMMUNITIES, TO OUR ECONOMY AND TO OUR
COUNTRY. OUR DIVERSITY IS WHAT MAKES US GREAT. AND I AM PARTICULARLY
PROUD TO REPRESENT A DISTRICT, ONE OF THE LARGEST HAITIAN-AMERICAN
3
NYS ASSEMBLY MAY 20, 2019
COMMUNITIES IN THIS COUNTRY.
I WOULD LIKE TO RECOGNIZE SOME KEY MEMBERS FROM
MY DISTRICT WHO TRAVELED TO CELEBRATE WITH US TODAY. FIRST, OF COURSE, I
WANT TO ACKNOWLEDGE PASTOR GUERSCHOM JOSEPH, WHO DID -- WHO
PROVIDED WITH US WITH THE INVOCATION TODAY; TRUSTEE EUDSON FRANCOIS
FROM THE VILLAGE OF SPRING VALLEY; MICHELE PARAISON FROM THE
HAITIAN-AMERICAN NURSES ASSOCIATION; MOREL LEROI (PHONETIC), ALSO
FROM THE HAITIAN-AMERICAN NURSES ASSOCIATION; MEMBERS OF THE ST.
JOSEPH CHURCH ARE HERE TODAY; MEMBERS OF SINAI SEVENTH-DAY
ADVENTIST CHURCH, AND REPRESENTATIVES FROM THE MARQUIS HOME CARE
ORGANIZATION. THANK YOU ALL FOR JOINING US TODAY.
AND, MR. SPEAKER, WILL YOU PLEASE RECOGNIZE,
ACKNOWLEDGE AND -- AND WELCOME OUR GUESTS.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, REVEREND JOSEPH,
THANK YOU SO MUCH FOR BEING WITH US HERE. WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR AND OUR THANKS FOR COMING AND SHARING THAT
PRAYER WITH US. PLEASE BE WELL AND TRAVEL HOME SAFE. THANK YOU.
REVEREND JOSEPH: THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: AND FOR THE
DELEGATION MS. JAFFEE HAS INTRODUCED, WE EXTEND THE PRIVILEGES OF THE
FLOOR TO YOU ON BEHALF OF THE SPEAKER AND ALL THE MEMBERS. PLEASE
KNOW THAT YOU ARE ALWAYS WELCOME HERE AND THANK YOU FOR JOINING US
ON THIS DAY. WE HOPE YOU ENJOY THE TRIP AND ENJOY THE SPECIAL
4
NYS ASSEMBLY MAY 20, 2019
RECOGNITION. THANK YOU SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES FOR A [SIC] INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. TODAY AS YOU KNOW -- MAY KNOW, THE LEAGUE OF WOMEN
VOTERS HAS -- IS HAVING THEIR ANNUAL STUDENTS INSIDE ALBANY
CONFERENCE. THERE ARE SOME 60 HIGH SCHOOL STUDENTS SHADOWING
ASSEMBLY MEMBERS IN THE CHAMBERS [SIC]. IF THEY COULD ALL STAND.
MR. SPEAKER, THEY HAIL FROM ALL OVER THE -- THE STATE OF
NEW YORK. WE'RE REALLY GRATEFUL FOR THE LEAGUE OF WOMEN VOTERS AND
THEIR ORGANIZING AND BRINGING THESE YOUNG PEOPLE TO SPEND TIME WITH
OUR COLLEAGUES AND IN OUR CHAMBERS [SIC]. AND SO, IF YOU WOULD GIVE
THEM THE CORDIALITIES OF THE HOUSE, EXTEND TO THEM THE COURTESIES OF THE
FLOOR AND WELCOME THEM TO BE HERE, WE WOULD GREATLY APPRECIATE IT.
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES, THE SPEAKER, ALL THE MEMBERS THAT YOU HAVE
SHARED, WE EXTEND TO YOU ALL THE PRIVILEGES OF THE FLOOR. THANK YOU SO
VERY MUCH. YOU HAVE BEEN GREAT SHADOWS, IF I'M MADE TO UNDERSTAND,
AND I'M SURE IN LIFE YOU WILL BE NOT A SHADOW, BUT A FIRM FIXTURE FOR THE
BETTERMENT OF THIS STATE AND YOUR COMMUNITIES. THANK YOU SO VERY
MUCH. CONTINUE THE GREAT WORK THAT YOU'RE DOING.
(APPLAUSE)
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. I RISE TO
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NYS ASSEMBLY MAY 20, 2019
INTRODUCE ANNA VANROY FROM THE SAUGERTIES CENTRAL SCHOOL. ANNA,
PLEASE RISE. SHE'S FROM ULSTER COUNTY AND SHE'S GRADUATING THIS YEAR IN
JUNE. ANNA IS GOING TO HUDSON VALLEY COMMUNITY COLLEGE TO STUDY
CRIMINAL JUSTICE. AND, MR. SPEAKER, I THINK YOU'LL APPRECIATE THIS,
ANNA IS A BASKETBALL STAR THAT'S GOING ON A FULL SCHOLARSHIP. SO, I
WOULD ASK YOU AND THE REST OF THE MEMBERS TO PLEASE JOIN ME IN
WELCOMING ANNA VANROY, AND PLEASE OFFER HER ALL THE PRIVILEGES OF THE
HOUSE, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. TAGUE, THE SPEAKER AND ALL THE MEMBERS, ANNA, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR, SO HAPPY THAT YOU ARE GOING TO HUDSON VALLEY,
A VERY CLOSE SCHOOL, A SCHOOL WE'RE VERY FAMILIAR WITH, AND I'M SURE
YOU'RE GOING TO BRING THEM FAME BOTH IN ACADEMICS AND IN BASKETBALL.
WE HAVE A GAME TOMORROW NIGHT. IF YOU'RE AROUND, WE COULD PROBABLY
USE YOU.
(LAUGHTER)
THANK YOU SO VERY MUCH. WELCOME TO HAVE YOU.
(APPLAUSE)
SPEAKER HEASTIE: MR. VANEL FOR AN INTRODU --
INTRODUCTION.
MR. VANEL: THANK YOU, MR. SPEAKER. TODAY WE'RE
PROUD TO BE HERE BECAUSE IT IS HAITIAN UNITY DAY. TODAY IN NEW YORK
STATE, WE'RE RECOGNIZING THE -- THE ACCOMPLISHMENTS AND CONTRIBUTIONS
OF HAITIAN-AMERICANS ACROSS NEW YORK STATE, FROM -- FROM THE TIP OF
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NYS ASSEMBLY MAY 20, 2019
-- OF BROOKLYN ALL THE WAY UP TO BUFFALO. WE ARE -- WE HAVE BEEN
BLESSED TO BE JOINED BY A NUMBER OF HAITIAN-AMERICANS FROM ACROSS
THE STATE, FROM ORGANIZATIONS SUCH AS HAUP, THE HAITIAN-AMERICAN
NURSES ASSOCIATION, MARQUIS HOME CARE SPRING VALLEY -- SPRING
VALLEY TRUSTEE WITH EUDSON FRANCOIS. WE HAVE MEMBERS FROM 1199.
WE HAVE MISS NEW YORK HERE. WE HAVE DR. EDDY SAINT PAUL FROM THE
HAITIAN STUDIES INSTITUTE. WE HAVE MARY SAINT-CYR, THE PAINTER AND
ARTIST, AND A NUMBER OF DIFFERENT FOLKS. WE ALSO HAVE WITH US HERE, WE
HAVE THE HAITIAN CONSULATE GANDY THOMAS. BUT TODAY WE ESPECIALLY
RECOGNIZE THE CONTRIBUTION FROM A GREAT -- A GREAT HAITIAN-AMERICAN
LEADER HERE WHO IS THE COMMISSIONER OF THE NEW YORK CITY
DEPARTMENT OF FINANCE, JACQUES JIHA.
SO, MR. SPEAKER, WOULD YOU PLEASE WELCOME THE
CORDIALITIES OF ALL THE -- OF THE HOUSE TO -- TO -- TO THIS, PLEASE.
SPEAKER HEASTIE: THANK YOU. ON BEHALF OF
MYSELF, MR. VANEL, THE HAITIAN DELEGATION, MEMBERS, WE -- WE
WELCOME THIS WONDERFUL HAITIAN COMMUNITY HERE TO ALBANY. WE OFFER
YOU ALL THE CORDIALITIES OF THE FLOOR. AS I SAID EARLIER IN MY COMMENTS,
OF ALL THE CARIBBEAN NATIONS WHICH MY FAMILY IS A PART OF ONE OF THE
CARIBBEAN NATIONS, THE HAITIAN -- THE COUNTRY OF HAITI WAS THE FIRST
CARIBBEAN NATION TO BECOME INDEPENDENT. SO, THEY WERE LEADERS. AND
I LOOK FORWARD TO THE GROWING PARTICIPATION OF THE HAITIAN COMMUNITY
NOT ONLY HERE IN GOVERNMENT, BUT ALL ACROSS THE STATE. AND I -- I
WANTED TO COME AND -- AND GIVE SPECIAL MENTION AS CLYDE TALKED ABOUT
ONE SPECIAL INDIVIDUAL, WHICH IS DR. JACQUES JIHA, WHO HAPPENED TO BE
7
NYS ASSEMBLY MAY 20, 2019
MY BOSS WHEN I WAS IN THE NEW YORK CITY COMPTROLLER'S OFFICE. AND
I MENTIONED THAT WHEN I WAS IN THE BUDGET OFFICE, I WAS THE ONLY
PERSON AT THAT POINT WHO HAD NOT HAD AN ADVANCED DEGREE. AND I HAD
SAID, WELL, EITHER I GET M.B.A., I GO TO LAW SCHOOL -- THANK GOD I DIDN'T
GO TO LAW SCHOOL --
(LAUGHTER)
OR -- OR GET MY -- GET MY M.B.A. BUT -- BUT WORKING
WITH JACQUES AND HIS INFLUENCE AND HIS HAVING A MASTERY OF ECONOMICS
I THINK REALLY HELPED PUSH ME IN THAT DIRECTION. SO, I WANTED TO COME
HERE AND THANK HIM FOR BEING A WONDERFUL BOSS, NEVER FIRING ME, NEVER
HAVING TO DISCIPLINE ME, BUT BEING A GREAT MENTOR AND INFLUENCE TO ME
WHEN I DECIDED TO GET MY M. B.A. IN FINANCE. SO, AGAIN, WELCOME,
AND THANK YOU FOR BEING HERE WITH US IN ALBANY.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. MCDONALD FOR
THE PURPOSES OF A [SIC] INTRODUCTION.
MR. MCDONALD: THANK YOU, MR. SPEAKER. AS
YOU KNOW, MAY IS CYSTIC FIBROSIS AWARENESS MONTH AND WE'LL BE
PASSING A RESOLUTION FROM OUR COLLEAGUE, MR. JONES, SHORTLY AFTER
INTRODUCTIONS. BUT WE HAVE GUESTS IN THE HOUSE, I'D LIKE TO ASK THEM TO
STAND AND INTRODUCE THEMSELVES -- EXCUSE ME, I'LL INTRODUCE THEM,
ACTUALLY. WE HAVE EMILY MCHALE, WHO IS A CF ADVOCATE AND PARENT OF
HER SON, KELLEN, WHO'S AGE TWO, WHO LIVES WITH CF. WE HAVE BROCK
LAPE, WHO'S ALSO AN ADVOCATE AND PARENT TO CECELIA, AGE SEVEN, WHO
LIVES WITH CF; JANET SCHUSTER, WHO IS AN ADVOCATE AND A GRANDMOTHER
8
NYS ASSEMBLY MAY 20, 2019
TO GRAHAM, AGE TWO. AND WE ALSO HAVE FROM ALBANY MEDICAL CENTER,
CASE MANAGERS JOHN NASH AND FRANCINE GRANSBURY, WHO ARE WITH US
TODAY.
EVERY MAY, CYSTIC FIBROSIS COMMUNITY COMES
TOGETHER TO CELEBRATE CF AWARENESS MONTH. AS WE KNOW, CYSTIC
FIBROSIS IS A LIFE-THREATENING GENETIC DISEASE THAT AFFECTS THE LUNGS AND
MAKES IT EXTRAORDINARILY DIFFICULT TO CARRY OUT THE SIMPLE FUNCTION OF
BREATHING. THIS DISEASE AFFECTS MORE THAN 30,000 CHILDREN AND ADULTS
IN THE UNITED STATES, AND 70,000 PEOPLE WORLDWIDE. ALTHOUGH THE
LUNGS ARE OFTEN THE FOCUS OF THE DISEASE, CF AFFECTS PEOPLE IN MULTIPLE
WAYS, AND MANY OTHER CONCERNS MAY DEVELOP. THE TYPE AND SEVERITY
OF CF SYMPTOMS CAN DIFFER WIDELY FROM PERSON TO PERSON AND,
THEREFORE, THEIR TREATMENT PLANS REQUIRE INDIVIDUAL -- INDIVIDUALIZED
TAILORED PLANS. WHILE THERE STILL IS NO CURE FOR CF, ADVANCEMENTS IN
TREATMENT HAVE MADE IT POSSIBLE FOR THOSE WITH THE DISEASE TO LIVE
MUCH LONGER THAN EVER BEFORE; HOWEVER, THEY LIVE UNDER THE RISK OF
INFECTION AND HEALTH PROBLEMS DUE TO CF.
IT IS CYSTIC FIBROSIS AWARENESS MONTH. MR. SPEAKER,
IF YOU COULD PLEASE WELCOME THESE INDIVIDUALS TO THE CHAMBER TO
CELEBRATE THE PROGRESS THAT HAS BEEN MADE AND TO BUILD ON TO HOPE FOR
THE FUTURE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. MCDONALD, MR. JONES, 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. THANK YOU SO MUCH FOR SHARING WITH
9
NYS ASSEMBLY MAY 20, 2019
US. THANK YOU FOR THE WORK THAT YOU'RE DOING BOTH FOR THOSE IN YOUR
FAMILY, FOR THE PROFESSIONALS THAT WORK WITH YOU, FOR ALBANY MED,
WHICH WE HOLD HIGH AS A PREMIER MEDICAL INSTITUTION HERE IN THIS AREA.
WE HOPE YOU CONTINUE THAT WORK. WE HOPE YOU CONTINUE TO KNOW THAT
YOU ARE ALWAYS WELCOME HERE. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. SCHMITT FOR AN INTRODUCTION.
MR. SCHMITT: THANK YOU, MR. SPEAKER. IN A FEW
MOMENTS, WE'LL BE TAKING UP A RESOLUTION RECOGNIZING MAY AS STOP THE
BLEED MONTH, BUT I WANTED TO TAKE A FEW MINUTES TO INTRODUCE SOME OF
OUR GUESTS RELATED TO THAT RESOLUTION TODAY. I HAVE ANDREW TARASOFF
AND HIS MOTHER AND BROTHER HERE FROM THE NEW WINDSOR VOLUNTEER
AMBULANCE CORPS, WHO ALSO SERVES AS THE NEW YORK STATE
COORDINATOR FOR NATIONAL STOP THE BLEED MONTH; BECKY ANN - YOU
GUYS CAN STAND UP - BECKY-ANN SEARS IS THE INJURY PREVENTION
COORDINATOR TRAUMA PROGRAM ASSISTANT AT BASSETT MEDICAL CENTER;
TOM MORAN, WHO'S TRAUMA EDUCATION INJURY PREVENTION AND OUTREACH
COORDINATOR FOR ALBANY MED; BABETTE GREY, WHO'S EXECUTIVE DIRECTOR
OF THE NEW YORK CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS; DR.
JAMES SATTERFIELD IS GENERAL SURGEON, GOVERNOR OF BROOKLYN LONG
ISLAND CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS; DR. ROBERTO
HARDO, A SURGICAL RESIDENT; DR. STEPHAN MARTONE, TRAUMA SURGEON AT
ALBANY MED, AND DR. DANIEL AHN IS A PLASTIC SURGEON AT NYU
LANGONE GREAT NECK MEDICAL. IF YOU COULD PLEASE EXTEND TO THEM THE
PRIVILEGES OF THE FLOOR AS THEY AWAIT THEIR RESOLUTION, I WOULD CERTAINLY
10
NYS ASSEMBLY MAY 20, 2019
APPRECIATE IT.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SCHMITT, THE SPEAKER AND ALL THE MEMBERS, WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THANK YOU FOR COMING HERE. WE HOPE THAT THIS
TRIP WILL BE GREAT, AND OUR THANKS FOR THE WORK THAT YOU DO AS MEDICAL
PROFESSIONALS TO HELP THOSE IN NEED. CONTINUE THAT GREAT WORK. THANK
YOU.
(APPLAUSE)
MS. MCMAHON.
MS. MCMAHON: THANK YOU, MR. SPEAKER. I RISE TO
MAKE A VERY SPECIAL INTRODUCTION. MY DAUGHTER, SARA MARCUS --
ACTING SPEAKER AUBRY: SHH. LADIES AND
GENTLEMEN, PLEASE.
MS. MCMAHON: OKAY.
ACTING SPEAKER AUBRY: PROCEED.
MS. MCMAHON: THANK YOU, MR. SPEAKER. I RISE TO
INTRODUCE A VERY SPECIAL GUEST. MY DAUGHTER, SARAH MARCUS, IS WITH US
TODAY. SHE WAS UNABLE TO BE HERE AT THE BEGINNING OF SESSION WHEN
THE NEW MEMBERS WERE INTRODUCED. AND WHEN I HEARD THAT SHE WAS
DRIVING THROUGH THE ALBANY AREA, I INSISTED THAT SHE COME IN TODAY AND
GET INTRODUCED. SO, SARAH IS MY MIDDLE DAUGHTER, SHE'S A GRADUATE OF
MIDDLEBURY COLLEGE WHERE SHE PLAYED ON THE WOMEN'S BASKETBALL
TEAM. AND SHE IS CURRENTLY MIDWAY THROUGH MASTERS IN SOCIAL WORK
PROGRAM AT THE UNIVERSITY OF PENNSYLVANIA. I AM EXTREMELY PROUD OF
HER. I DON'T GET TO SEE HER VERY OFTEN, SO I'M DELIGHTED SHE'S HERE AND I
11
NYS ASSEMBLY MAY 20, 2019
ASK YOU TO WELCOME HER AND AFFORD HER THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF YOUR MOTHER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY. AS FAMILY, YOU ARE ALWAYS
WELCOME HERE. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. OUR
CONGRATULATIONS ON CONTINUING YOUR ACADEMIC ACHIEVEMENTS. GREAT TO
HEAR THAT YOU'RE PLAYING BASKETBALL. THE WNBA JUST STARTING, SO I
KNOW I WATCH. THANK YOU SO VERY MUCH FOR BEING HERE, AND
UNDERSTAND HOW PROUD YOUR MOTHER IS, LOOK AT THAT FACE, HOW PROUD
YOUR MOTHER IS OF HAVING YOU HERE. YOU'RE SO WELCOME. THANK YOU SO
MUCH.
(APPLAUSE)
MS. LINDA ROSENTHAL.
MS. ROSENTHAL: THANK YOU, MR. SPEAKER. I RISE
TO ACKNOWLEDGE AND INTRODUCE SOME GUESTS WHO ARE UP HERE FROM MY
DISTRICT. THEIR NAMES ARE BRIAN OWENS, MANAGING PARTNER; TODD
MITGANG, MANAGING PARTNER; JASON STEINTHAL; MANAGING PARTNER;
YORDANKA EVGENIEVA, MANAGER; ELIZABETH RUSHING, EVENTS
COORDINATOR; AND ZACH MCCOY, GENERAL MANAGER. THEY ALL COME
FROM CRAVE FISHBAR IN MY DISTRICT AND THEY CAME UP TODAY TO ALBANY
TO TALK ABOUT HOW WE NEED TO RECYCLE OYSTERS. AND WHAT THEY DO IS
THEY RECYCLE THE OYSTERS THAT ARE CONSUMED IN THEIR RESTAURANT. THEY
GIVE THEM TO THE BILLION OYSTER PROJECT, WHICH THEN PUTS THEM IN THE
HUDSON WHERE THEY -- ONE OYSTER CAN FILTER 50 GALLONS OF WATER.
SO, I'M SO THANKFUL THEY GOT A CHANCE TO COME UP
12
NYS ASSEMBLY MAY 20, 2019
HERE, GIVE A TASTE OF WHAT THEY OFFER IN THEIR -- IN THEIR ESTABLISHMENT,
AND TRY TO DO SOME GOOD FOR THE ENVIRONMENT WHILE THEY'RE AT IT. SO,
MR. SPEAKER, WOULD YOU PLEASE GIVE THEM THE CORDIALITIES OF THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. ROSENTHAL, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
DISTINGUISHED BUSINESS PEOPLE AND ENVIRONMENTALISTS HERE TO THE NEW
YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK
YOU FOR COMING UP. I KNOW MANY PEOPLE WERE PLEASED TO SHARE WITH
YOU SOME OF YOUR WARES. I'M FROM NEW ORLEANS, SO OYSTERS AND I GO
BACK, WAY, WAY BACK. THANK YOU SO VERY MUCH. SO HAPPY TO HAVE
YOU.
(APPLAUSE)
ON A MOTION BY MR. ZEBROWSKI, PAGE 21, CALENDAR
NO. 139, BILL NO. A04421-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
WE WILL NOW GO TO RESOLUTIONS ON PAGE 3. THE CLERK
WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 415, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 20TH, 2019, AS HAITIAN UNITY DAY
IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF
HAITIAN HERITAGE MONTH.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
MS. SOLAGES.
MS. SOLAGES: BONSWA TOUT MOUN. GREETINGS,
13
NYS ASSEMBLY MAY 20, 2019
EVERYONE, MY COLLEAGUES AND MR. SPEAKER. TODAY, WE RECOGNIZE
HAITIAN UNITY DAY WITHIN THE MONTH OF HAITIAN HERITAGE MONTH. JUST
THIS SATURDAY, WE CELEBRATED HAITIAN FLAG DAY, WHICH COMMEMORATES
THE HAITIAN FLAG AND, AS ALWAYS, EVERY YEAR WE BRING UP MANY
CONSTITUENTS FROM DIFFERENT AREAS, FROM LONG ISLAND TO ROCKLAND
COUNTY TO BROOKLYN, ALL OVER, TO COME AND CELEBRATE OUR HAITIAN
CULTURE. AND SO, EVERY YEAR IT GETS BIGGER AND BETTER, AND THIS YEAR WE
DID A NEW SPIN ON IT. ANYONE NOTICE MY OUTFIT?
(LAUGHTER)
WE DECIDED THAT WE WANTED TO DRESS IN OUR CULTURAL
ATTIRE. AND SO YOU'LL SEE THE FABULOUS FOUR WOMEN, AND CLYDE, ARE
WEARING A NICE CULTURAL DRESS TO COMMEMORATE OUR HAITIAN CULTURE, ME
AND OUR ASSEMBLYWOMEN, WAS STYLED BY KIMBERLY CHARLES FROM
PHOENIX REFINED, WHICH IS NEW YORK CITY'S ONLY MASQUERADE CAMP.
SO, I WANT TO GIVE HER A SHOUT-OUT FOR DOING THIS NICE HEAD TIE,
OTHERWISE I WOULD NOT BE ABLE TO DO IT.
BUT, LIKE I SAID, EVERY YEAR IT GETS BIGGER AND BETTER.
BUT WITH THAT, WE ALSO HAVE MANY MORE CHALLENGES. AS, YOU KNOW,
POLICIES ARE DICTATING AND HURTING OUR IMMIGRANT COMMUNITIES, WE
HAVE TO STAND UP AND MAKE SURE THAT WE -- WE PUSH BACK AGAINST
POLICIES THAT HURT OUR FAMILIES, THAT SEPARATES OUR FAMILIES. AS YOU
KNOW, BLACK IMMIGRANTS ARE MORE LIKELY TO BE DEPORTED, THEY HAVE LESS
ACCESS TO LEGAL SERVICES. AND SO, WE NEED TO ENSURE THAT OUR HAITIAN
COMMUNITY IS PROTECTED. AND WE ARE DOING THAT WITH SO MANY PIECES
OF LEGISLATION.
14
NYS ASSEMBLY MAY 20, 2019
AND SO WE RISE TODAY IN UNISANCE [SIC] TO TELL THE
HAITIAN-AMERICAN COMMUNITY THAT WE STAND FIRM AND WE'RE UNITED; TO
TELL OUR TPS HOLDERS THAT WE ARE HERE TO PROTECT YOU, AND YOU ARE NEW
YORKERS JUST LIKE EVERYONE ELSE. AND WE STAND UNITED AS ONE TO
CELEBRATE ALL CULTURES, BECAUSE NEW YORK IS THE MELTING POT AND IT IS
GREAT BECAUSE WE ARE DIVERSE. SO, THANK YOU, MR. SPEAKER, AND I
APPRECIATE THE OPPORTUNITY.
ACTING SPEAKER AUBRY: MS. BICHOTTE ON THE
RESOLUTION.
SHH. LADIES AND GENTLEMEN.
MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THE RESOLUTION. TODAY IS HAITIAN UNITY DAY.
WHAT DOES IT MEAN FOR HAITIAN UNITY TODAY? IT'S A DAY IN ALBANY TO
RECOGNIZE THE PEOPLE OF HAITIAN DESCENT AND CONTRIBUTIONS TO THE STATE
OF NEW YORK AND ALL OVER THE WORLD, AND TO RECOGNIZE THE HISTORY OF
HAITIANS -- OF HAITI AND THE HAITIAN PEOPLE AS REVOLUTIONISTS WHO HAS
FOUGHT FOR YEARS FOR JUSTICE AND FREEDOM AND, ALONG THE WAY, MAKING
HAITI THE FIRST BLACK REPUBLIC IN 1804.
IT WASN'T A MOVEMENT FOR HAITIANS ONLY. IT WAS A
MOVEMENT -- AND IT WASN'T A MOVEMENT ONLY BY HAITIANS. LET IT BE
KNOWN THAT THIS SLAVE ABOLITION MOVEMENT HAS PAVED THE WAY TO FREE
OTHER COUNTRIES IN THE AMERICAS, INCLUDING THE CARIBBEAN ISLANDS,
SOUTH AMERICA AND PARTS OF THE UNITED STATES. LET IT, TOO, BE KNOWN
THAT THIS MOVEMENT WAS NOT FOUGHT AND LED ALONGSIDE BY ONLY HAITIANS,
TOUSSAINT LOUVERTURE, JEAN-JACQUES DESSALINES, PÉTION, BUT WE ALSO
15
NYS ASSEMBLY MAY 20, 2019
HAD JAMAICAN-BORN DUTTY BOUKMAN AND GRENADIAN-BORN HENRY
CHRISTOPHE, TO NAME A FEW. IT IS WITH THAT UNITY, THAT SPIRIT, WE
DEFEATED THE FRENCH, ONE OF THE MOST POWERFUL, POWERFUL FORCE KNOWN
IN HISTORY, LED BY NAPOLEON. OUR FOUNDING FATHERS, LIKE JEAN-JACQUES
DESSALINES, REQUIRED BLACK LIBERTY SO MUCH THAT HE INVITED THE
AMERICAN BLACK SLAVES TO BECOME FREE IN HAITI.
WE WANT TO -- WE WANT TO CONTINUE UNDOING IN
CONCRETE AND TANGIBLE WAYS OF CENTURIES OF TRIVIALIZATION OF HAITI
HISTORY AND CONTRIBUTIONS TO THE WORLD. L'UNION FAIT LA FORCE IS THE
MOTTO OF OUR HAITIAN FLAG. UNITY, STRENGTH AND RECLAIMING HAITIAN
HISTORY. I WANT TO GIVE A NOTE TO MY FELLOW HAITIAN-AMERICANS. WE
HAVE COME A LONG WAY. WE HAVE BEEN BEATEN UP IN THIS COUNTRY; WE'RE
SPAT AT, WE'RE CALLED NAMES, AND WE COULD NOT REVEAL WHO WE WERE.
WE WERE AFRAID TO SAY THAT WE WERE HAITIANS. AND AFTER DECADES OF
BUILDING PRIDE, OF GETTING OUR COMMUNITIES TOGETHER, TEACHING OUR KIDS
OUR LANGUAGE AND OUR HISTORY, WHY WE SHOULD BE PROUD TO BE HAITIAN.
THERE WAS A CONTINUOUS MOVEMENT OF HAITIAN PRIDE
AND UNITY THAT WAS FORMED WITHIN THE HAITIAN COMMUNITY AND ALL OVER.
DO NOT LET ANYBODY TELL YOU IT'S NOT OKAY TO BE HAITIAN. DO NOT LET
ANYBODY TELL YOU THAT YOU ARE BEING TOO HAITIAN WHEN YOU'RE BEING
PRIDEFUL. DON'T LISTEN TO PEOPLE WHEN THEY'RE SAYING YOU'RE FIGHTING TOO
HARD FOR A MARGINALIZED COMMUNITY, A COMMUNITY THAT'S BEEN CALLED
S-HOLE, A COMMUNITY THAT HAS BEEN CALLED FOURTH WORLD COUNTRY,
STIGMATIZED WITH BEING THE CREATOR OF AIDS OR BEING THREATENED OF
RIPPING AND STRIPPING THEIR TEMPORARY PROTECTIVE STATUS FROM THEM AFTER
16
NYS ASSEMBLY MAY 20, 2019
BEING VICTIMS OF A HORRIFYING EARTHQUAKE THAT LEFT THOUSANDS AND
THOUSANDS OF HAITIANS, FAMINE AND -- AND WITH NO HOUSING AND WITH NO
GOVERNMENT STABILITY.
ALSO, FIGHTING FOR LANGUAGE ACCESS WHEN WE FIGHT FOR
ELECTION REFORM. WHO ARE THOSE TO TELL US NOT TO HELP OUR COMMUNITY?
WHO ARE THOSE TO TELL US THAT WE ARE TOO HAITIAN? WHEN WE LOVE
OURSELVES, WE LOVE OTHERS JUST AS MUCH, OR EVEN MORE. AND FOR ALL THE
PEOPLE OF HAITI AND THE COMMUNITIES AND THE DOCTORS AND EDUCATORS
WHO HAVE CONTRIBUTED TO OUR COMMUNITY, SHOULD NOT -- WE SHOULD NOT
DENOUNCE OUR HERITAGE.
AND NOW, WE ARE FIVE HAITIAN-AMERICAN ASSEMBLY
STRONG IN THE NEW YORK STATE ASSEMBLY. IN ADDITION TO THAT, WE JUST
MADE HISTORY. WE ARE NOW TWO HAITIAN-AMERICAN STRONG IN THE NEW
YORK CITY COUNCIL: NEW ELECTED COUNCILWOMAN FARAH LOUIS IN THE
45TH DISTRICT, A HEART OF LITTLE HAITI.
SO, TO MY NON-HAITIAN BROTHERS AND SISTERS WHO REALLY
APPRECIATE US, I WANT TO SAY THANK YOU. THANK YOU FOR YOUR UNITY.
THANK YOU FOR LOVING US. THANK YOU FOR HELPING US. THANK YOU FOR
FIGHTING WITH US. THANK YOU FOR TELLING OUR RICH STOR -- HISTORY. THANK
YOU FOR REMINDING US HOW BEAUTIFUL WE ARE. AND THANK YOU FOR LETTING
US KNOW THAT WE, TOO, ARE HUMAN. AND LASTLY, I WANT TO THANK
ASSEMBLYMEMBER ELLEN JAFFEE WHO IS NOT HAITIAN, BUT CREATED HAITIAN
UNITY DAY. THANK YOU FOR CARRYING THE UNITY SPIRIT. L'UNION FAIT LA
FORCE. MERCI.
ACTING SPEAKER AUBRY: MR. BARRON ON THE
17
NYS ASSEMBLY MAY 20, 2019
RESOLUTION.
LADIES AND GENTLEMEN, SHH. I DON'T KNOW WHAT'S
GOING ON UNDER THE EAVE THERE, BUT WE DON'T NEED MEETINGS AT THIS TIME,
THEY CAN GO OUTSIDE THE CHAMBER.
PROCEED, MR. BARRON.
MR. BARRON: TO MY HAITIAN BROTHERS AND SISTERS, I
SAY SAK PASÉ. AND I BELIEVE THAT THE SPIRIT OF THE HAITIAN
REVOLUTIONARIES ARE WITH US TODAY. AND AS MY COLLEAGUE MENTIONED,
WE, AS AFRICANS, WHO WERE IN AMERICA AT THE TIME OF HAITI'S LIBERATION
MOVEMENT, WE WERE ENSLAVED AND INSPIRED BY HAITI. INSPIRED SO MUCH
SO THAT IN 1811, IN LOUISIANA, ENSLAVED AFRICANS ROSE UP, AND THEIR GOAL
WAS TO MARCH ALL THE WAY TO NEW ORLEANS, TAKE OVER NEW ORLEANS, AND
HAVE THE SECOND INDEPENDENT AFRICAN NATION IN THAT HEMISPHERE. AND
WHY DID THEY DO THAT? BECAUSE OF BOUKMAN. BECAUSE OF DESSALINES.
BECAUSE OF HENRI CHRISTOPHE. BECAUSE OF ALL THOSE HAITIAN
REVOLUTIONARIES WHO INSPIRED US. SO, ON THIS DAY I WANT TO ENCOURAGE
MY HAITIAN BROTHERS AND SISTERS, DON'T GET COMFORTABLE IN AMERICA.
DON'T GET COMFORTABLE. BRING THAT SAME REVOLUTIONARY SPIRIT THAT
HAPPENED IN 1804 IN 2019, BECAUSE IT'S NEEDED.
I ALSO WANT TO SAY TO FRANCE AND TO AMERICA, SHAME
ON YOU. YOU OWE HAITI REPARATIONS. AMERICA OWES HAITI REPARATIONS.
IN 1915, THE MARINES OCCUPIED HAITI. AMERICA IS TALKING ABOUT
SOMEBODY INTERFERING IN THEIR ELECTION, AMERICA PUT FORTH A DICTATOR IN
HAITI, PAPA DOC AND BABY DOC DUVALIER, TO CONTROL THE ECONOMY OF
HAITI, AND EVEN THOUGH THERE WERE A LOT OF BATTLES THERE. SO IT'S
18
NYS ASSEMBLY MAY 20, 2019
HYPOCRISY TO SAY NOW THAT YOU'RE CONCERNED WITH SOMEBODY INTERFERING
IN YOUR ELECTIONS WHEN YOU'VE DONE THAT THROUGHOUT THE HISTORY OF
HAITI, EVEN AS FAR AS SUPPORTING THE COLONIZATION OF HAITI. AMERICA,
PAY YOUR DEBT TO HAITI. PAY YOUR DEBT TO HAITI, FRANCE. FRANCE HAS THE
NERVE TO SAY THAT HAITI SHOULD PAY THEM REPARATIONS, WHICH IS OCCURRING
NOW.
SO, WE SAY TO OUR HAITIAN BROTHERS AND SISTERS THAT WE
ARE YOU AND YOU ARE US. WE ARE ONE. WE ARE ONE AFRICAN PEOPLE. DR.
JOHN HENRIK CLARKE SAID IT BEST, WE'RE NOT WHO WE ARE BASED UPON
WHERE THE BOATS DROPPED US OFF. WE'RE WHO WE ARE BASED UPON WHERE
THE BOATS PICKED US UP FROM. AND THEY PICKED US ALL UP FROM AFRICA.
AND YOU BECAME HAITIAN. AND OTHERS BECAME JAMAICAN AND
TRINIDADIAN. AND SOME OF YOU SAY YOU'RE AMERICANS. I DON'T SAY THAT.
BUT ANYWAY, SOME OF YOU SAY THAT. WE ARE AN AFRICAN PEOPLE SPREAD
THROUGHOUT THE DIASPORA. AND HAITI, HAITI WAS THE COUNTRY, THE
MOVEMENT, THE SPIRIT THAT INSPIRED ALL OF US TO BE FREE. AND AS MY
COLLEAGUE SAID, YOU EVEN DEFEATED THE MIGHTY NAPOLEON. EVERYBODY
THOUGHT HE WAS INVINCIBLE. WELL, HE GOT WHIPPED BY THE HAITIAN
REVOLUTIONARIES.
SO, ON THIS DAY, LET US ALL REMEMBER, HAITI IS NOT A
POOR COUNTRY, HAITI IS A RICH COUNTRY. RICH IN MINERALS, RICH IN NATURAL
RESOURCES, RICH IN CULTURE, RICH IN SPIRIT, AND THEY'RE EXPLOITED BY WAY
OF IMPERIALISM AND CAPITALISM. GREED IS WHAT CREATES POVERTY IN HAITI.
AMERICA, PAY YOUR DEBT.
AND ON THIS DAY, I PROUDLY SAY THAT WE ALL EMBRACE THE
19
NYS ASSEMBLY MAY 20, 2019
SPIRIT OF THE HAITIAN REVOLUTIONARIES. AND ON THIS DAY, ALL OF OUR
HAITIAN BROTHERS AND SISTERS, BRING THAT SAME REVOLUTIONARY SPIRIT TO THE
21ST CENTURY BECAUSE WE STILL HAVE WORK TO DO, THE JOB IS NOT DONE.
AND FOR YOU, I SAY FORWARD EVER AND BACKWARD NEVER. LONG LIVE THE
PEOPLE OF HAITI. LONG LIVE THE HAITIAN REVOLUTION.
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE.
MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK IN SUPPORT OF THE RESOLUTION PROCLAIMING HAITIAN
UNITY DAY IN THE STATE OF NEW YORK. AS A DAUGHTER OF HAITIAN
IMMIGRANTS, I HAVE ALWAYS -- I HAVE ALWAYS BEAMED WITH PRIDE EACH
YEAR WHEN WE TAKE UP THIS RESOLUTION IN THE MIDST OF CELEBRATING
HAITIAN HERITAGE MONTH, ESPECIALLY AS OUR HAITIAN-AMERICAN CAUCUS
CONTINUES TO GROW RIGHT HERE IN THIS LEGISLATURE.
I WOULD ALSO LIKE TO WELCOME COMMISSIONER JACQUES
JIHA TO THE ASSEMBLY FLOOR, WHO IS CERTAINLY NO STRANGER TO THE PEOPLE'S
HOUSE, AS WELL AS MY BELOVED CONSTITUENTS WHO'VE MADE THE TREK FROM
LONG ISLAND THIS MORNING, THIS AFTERNOON, AND VARIOUS GROUPS FROM
LONG ISLAND SUCH AS STAND UP FOR POVERTY, THE NORTH AMITYVILLE SENIOR
CENTER IN HAUPPAUGE. AND THANK YOU TO THE HAITI -- TO HAITI'S
CONSULATE, GANDY THOMAS, FOR YEARS OF SERVICE OF THE
HAITIAN-AMERICAN COMMUNITY AND FOR JOINING US HERE TODAY.
AND IT'S SO IMPORTANT TO CONTINUE TO RECOGNIZING [SIC]
THE CONTRIBUTIONS THAT HAITIANS HAVE MADE HERE IN THIS GREAT COUNTRY.
HAITIANS FOUGHT ALONGSIDE GEORGE WASHINGTON IN THE REVOLUTIONARY
WAR, AND HAITI HAS ALWAYS BEEN A SYMBOL OF HOPE AND LIBERATION FOR
20
NYS ASSEMBLY MAY 20, 2019
BLACK PEOPLE IN THE -- IN THE AMERICAS. THE UNITED STATES HAS AND
SHOULD CONTINUE TO SERVE AS A BEACON OF HOPE FOR THE HAITIAN
COMMUNITY. MORE THAN 50,000 HAITIANS HAVE MADE AMERICA THEIR
HOME FOLLOWING THE TRAGIC --
MR. SPEAKER, CAN WE GET SOME...
THANK YOU.
THE UNITED STATES HAS AND SHOULD CONTINUE TO SERVE AS
A BEACON OF HOPE FOR THE HAITIAN COMMUNITY. MORE THAN 50,000
HAITIANS HAVE MADE AMERICA THEIR HOME FOLLOWING THE TRAGIC
EARTHQUAKE IN 2010. HAITIAN-AMERICANS ARE OUR FAMILIES, OUR
NEIGHBORS, OUR SMALL BUSINESSES, OUR OWNER -- SMALL BUSINESS OWNERS,
AND THEY CONTINUE TO ENRICH OUR NATION AND OUR STATE EACH DAY. I'M
PROUD TO CO-SPONSOR TODAY'S RESOLUTION AND I THANK MY COLLEAGUE,
MEMBER SOLAGES, AS WELL AS MR. SPEAKER FOR ALLOWING US TO RECOGNIZE
IT HERE TODAY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. FRONTUS.
MS. FRONTUS: THANK YOU, MR. SPEAKER. IT'S AN
HONOR FOR ME TO STAND THIS AFTERNOON AND SPEAK ON THIS RESOLUTION TO
RECOGNIZE MAY 20TH AS HAITIAN UNITY DAY. TODAY, MY COLLEAGUES AND
I STAND NOT JUST TO RECOGNIZE MAY AS HAITIAN HERITAGE MONTH, NOT JUST
TO RECOGNIZE MAY 18TH AS HAITIAN FLAG DAY, BUT OVERALL THE SIGNIFICANT
CONTRIBUTIONS THAT HAITIANS HAVE MADE TO THE STATE OF NEW YORK;
INDEED, I AM PROUD TO BE THE LATEST HAITIAN-AMERICAN TO BE ELECTED TO
THE NEW YORK STATE ASSEMBLY.
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NYS ASSEMBLY MAY 20, 2019
MR. SPEAKER, THERE ARE SOME 200,000 HAITIANS LIVING
IN THE GREAT STATE OF NEW YORK, AND ALMOST ONE MILLION HAITIANS LIVING
IN THE ENTIRE UNITED STATES OF AMERICA. THE EXPERIENCE OF HAITIANS IN
THESE UNITED STATES HAS BEEN ONE WHICH IS BITTERSWEET. WE HAVE MADE
CONTRIBUTIONS IN ALL SECTORS OF SOCIETY, INCLUDING THE ARTS, MEDICINE,
LAW, ACADEMICS, POLITICS AND GOVERNMENT; HOWEVER, HAITIANS HAVE
ALWAYS BEEN STIGMATIZED, MISTREATED, BELITTLED AND CALLED NAMES LIKE
BACKWARDS, WHILE ALSO BEING BLAMED FOR THE AIDS EPIDEMIC.
DESPITE ALL THIS, YOU WILL DISCOVER THAT HAITIANS HAVE
ALWAYS BEEN A PROUD PEOPLE AND TENACIOUS, RESILIENT. WE CELEBRATE OUR
HISTORY AS THE FIRST INDEPENDENT BLACK REPUBLIC IN THE AMERICAS AND THE
SECOND TO GAIN OUR FREEDOM RIGHT AFTER THE UNITED STATES. BECAUSE OF
THIS, OUR FLAG IS A SIGN OF ANTI-RACISM. IT IS A SIGN OF ANTI-OPPRESSION.
OUR FLAG IS A SYMBOL OF FREEDOM, EQUALITY AND LIBERATION, ONE OF
REVOLUTION FOR PEOPLE OF AFRICAN DESCENT. THE FLAG SIGNIFIES THE
DESTRUCTION AND THE COLLAPSE OF CHATTEL SLAVERY AS WE KNOW IT. IN HONOR
OF THIS GREAT HISTORY OF RESILIENCE, IN HONOR OF THIS GREAT HISTORY OF
SELF-DETERMINATION, I AM PROUD TO WELCOME SO MANY DISTINGUISHED
HAITIAN-AMERICAN GUESTS VISITING US IN THE CHAMBERS [SIC] TODAY.
WELCOME TO ALBANY AND WELCOME TO THE NEW YORK STATE ASSEMBLY.
(SPEAKING FOREIGN LANGUAGE).
MS. WEINSTEIN ON THE RESOLUTION.
MS. WEINSTEIN: YES, THANK YOU, MR. SPEAKER. I
WANT TO JOIN WITH MY COLLEAGUES IN MEMOR -- IN ASKING THE GOVERNOR TO
DECLARE TODAY HAITIAN UNITY DAY. I'M BLESSED TO HAVE A VERY DIVERSE
22
NYS ASSEMBLY MAY 20, 2019
COMMUNITY. WE HAVE A LOT OF HAITIAN -- HAITIAN-AMERICANS, AS WELL AS
OTHER CARIBBEANS IN MY COMMUNITY, AS WELL AS A LARGE JEWISH
POPULATION AND OTHERS, AND WE HAVE -- I'M SO PROUD OF ALL OF MY
CONSTITUENTS. AND WHAT WE HAVE BEEN ABLE TO DO IN OUR -- IN OUR
COMMUNITY IS WORK TOGETHER, AND THE HAITIAN COMMUNITY WORKING WITH
THE JEWISH COMMUNITY AND THE LONG HISTORY OF THE HAITIANS AND JEWS
WORKING TOGETHER FROM THE TIME THAT THE ISRAELIS CAME TO THE AID DURING
THE EARTHQUAKE, TO EARLIER TIMES WHEN THE NATION OF HAITI WAS ABLE TO
SAVE SOME JEWS FROM -- FROM THE NAZIS.
SO IT IS WONDERFUL TODAY THAT WE CELEBRATE HAITIAN
UNITY DAY AND REALIZE THAT WE IN THE STATE RECOGNIZE SOME OF THE
PROBLEMS THAT OUR HAITIAN BROTHERS AND SISTERS WHO LIVE HERE IN THE
UNITED STATES AND IN NEW YORK ARE FACING WITH THE UNCERTAINTY OF THE
CONTINUATION OF TPS. AS PART OF OUR BUDGET THIS YEAR, WE INCLUDED A
SUBSTANTIAL AMOUNT OF FUNDS FOR HAUP -- HAITIANS UNITE -- UNITED FOR --
HAITIAN-AMERICANS UNITED FOR PROGRESS TO BE ABLE TO ASSIST THE
HAITIAN-AMERICANS IN OUR COMMUNITY WHO NEED HELP WITH
IMMIGRATION AND HAVE QUESTIONS ABOUT THEIR TPS STATUS SO THEY -- WE --
WE KNOW THE IMPORTANCE OF THESE INDIVIDUALS AS PART OF OUR GREATER
NEW YORK FAMILY AND I'M, AGAIN, HAPPY TO JOIN IN SUPPORT OF THIS
RESOLUTION.
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. 416, MR.
23
NYS ASSEMBLY MAY 20, 2019
RA.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 20TH, 2019, AS TRANSATLANTIC
FLIGHT DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; NAY. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 417, MRS.
GUNTHER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 19-21, 2019, AS THE 84TH ANNUAL
4-H CAPITAL DAYS 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. 418, MR.
JONES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 2019, AS CYSTIC FIBROSIS
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. 419, MRS.
BARRETT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
24
NYS ASSEMBLY MAY 20, 2019
ANDREW M. CUOMO TO PROCLAIM MAY 2019, AS MILITARY APPRECIATION
MONTH IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE
OF NATIONAL MILITARY APPRECIATION MONTH.
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. 420, MR.
SCHMITT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 2019, AS STOP THE BLEED MONTH
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. SCHMITT ON THE
RESOLUTION.
MR. SCHMITT: THANK YOU, MR. SPEAKER. I'M PROUD
TO INTRODUCE THIS RESOLUTION TODAY, FIRST TIME THE STATE LEGISLATURE HAS
TAKEN UP A STOP THE BLEED RESOLUTION. THE STOP THE BLEED INITIATIVE
WAS STARTED IN 2015 TO INCREASE BCON, ALSO KNOWN AS BLEEDING CONTROL
TRAINING, AS HEMORRHAGE IS THE LEADING CAUSE OF PREVENTABLE DEATH IN
PRE-HOSPITAL ENVIRONMENTS. IT IS IMPORTANT TO STOP BLOOD LOSS AS
QUICKLY AS POSSIBLE AS A PERSON CAN DIE FROM BLOOD LOSS WITHIN FIVE
MINUTES. TWENTY PERCENT OF PEOPLE WHO HAVE DIED FROM TRAUMATIC
INJURIES COULD HAVE SURVIVED WITH QUICK BLEEDING CONTROL. THIRTY-FIVE
PERCENT OF PRE-HOSPITAL DEATHS ARE DUE TO BLOOD LOSS, AND 80 PERCENT OF
VICTIMS IN A MASS CASUALTY EVENT ARE TRANSPORTED TO THE HOSPITAL BY
MEMBERS OF THE PUBLIC.
25
NYS ASSEMBLY MAY 20, 2019
THESE ALARMING STATISTICS SHOW HOW IMPORTANT IT IS TO
CONNECT BLEEDING CONTROL INSTRUCTORS WITH INTERESTED CITIZENS AND RAISE
AWARENESS ABOUT THE SERIOUS HEALTH CONDITIONS AND INSTANCES WHERE THIS
MIGHT BE NECESSARY TO SAVE LIVES. SO, I'M GLAD WE BROUGHT BIPARTISAN
ATTENTION TO THIS ISSUE AND I CERTAINLY ENCOURAGE EVERYONE TO HELP RAISE
AWARENESS FOR THE NEED OF THIS TRAINING. AND THIS GENERAL KNOWLEDGE IS
SOMETHING IN THE MILITARY THAT WE'RE TRAINED ON FROM THE OFFSET, BUT IT'S
BECOMING MORE AND MORE IMPORTANT FOR EVERYDAY CITIZENS, JUST LIKE
CPR TRAINING, AED TRAINING, WE ALSO NEED TO KNOW HOW TO STOP THIS --
STOP THE BLEED. THANK YOU, MR. -- MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MR. MANKTELOW FOR AN INTRODUCTION.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
TODAY I RISE FOR THE PURPOSE OF AN INTRODUCTION. ON BEHALF OF MYSELF
AND ASSEMBLYMAN GARY FINCH, BACK FROM OUR HOME DISTRICT WE'D LIKE
TO WELCOME THE -- THE CHILDREN AND THE FAMILY MEMBERS FROM THE
VILLAGE OF CAYUGA AND THE COUNTY OF CAYUGA. THESE ARE YOUNG
STUDENTS THAT ATTEND THE ST. JOHN PAUL II ACADEMY, A PRIVATE SCHOOL IN
THE CATHOLIC TRADITION. IT'S OUR PLEASURE TO HAVE THEM HERE IN THE
CAPITOL TO SEE THE ASSEMBLY IN ACTION AND I ASK THAT YOU GIVE THEM THE
PRIVILEGES OF THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. MANKTELOW, MR. FINCH, THE SPEAKER AND ALL THE MEMBERS, WE
26
NYS ASSEMBLY MAY 20, 2019
WELCOME YOU NEW YOUNG STUDENTS HERE TO THE NEW YORK STATE
ASSEMBLY. WE EXTEND TO YOU ALL THE PRIVILEGES OF THE FLOOR. THANK
YOU FOR COMING AND SHARING THIS DAY WITH US. HOPE THAT YOU WILL HAVE
FOUND OUR PROCEEDINGS INTERESTING, HOPE THAT YOU WILL GET HOME VERY
SAFE. AND TO THE ADULTS THAT HAVE ACCOMPANIED YOU, THANK YOU FOR
TAKING CARE OF YOUR CHILDREN. THANK YOU SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW GO TO PAGE 4 ON THE MAIN CALENDAR, STARTING WITH CALENDAR NO.
3-1-6, 316.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00225, CALENDAR NO.
316, PAULIN, COOK, ZEBROWSKI, MCDONOUGH, L. ROSENTHAL, ABINANTI,
SEAWRIGHT. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
THE REGISTRATION AND REGULATION OF PET GROOMERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00446, CALENDAR NO.
317, STIRPE. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO THE
CALCULATION OF WEEKLY EMPLOYMENT INSURANCE BENEFITS FOR WORKERS WHO
ARE PARTIALLY UNEMPLOYED; AND REPEALING CERTAIN PROVISIONS OF SUCH LAW
RELATING THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00484, CALENDAR NO.
318, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
27
NYS ASSEMBLY MAY 20, 2019
TO INFORMATIONAL MATERIALS CONCERNING MENSTRUAL DISORDERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THIS IS OUR
FIRST VOTE OF TODAY, SO IF COLLEAGUES COULD -- ARE IN AND AROUND THE
CHAMBERS [SIC], IF THEY COULD COME AND CAST THEIR VOTE WITH SOME
SPEED, WE'D GREATLY APPRECIATE IT. FIRST VOTE OF TODAY.
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,
MEMBERS. IF YOU ARE IN YOUR SEATS, PLEASE VOTE NOW. IF YOU ARE IN THE
SOUND OF OUR VOICE, PLEASE COME TO THE CHAMBER AND VOTE. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00505, CALENDAR NO.
319, LIFTON. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION
TO INSURANCE RESERVE FUNDS OF CERTAIN SCHOOL DISTRICTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
28
NYS ASSEMBLY MAY 20, 2019
(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. A00568, CALENDAR NO.
320, PAULIN, GUNTHER, L. ROSENTHAL, JAFFEE, ENGLEBRIGHT, GOTTFRIED,
WOERNER, FAHY, RODRIGUEZ, GALEF, LIFTON, LUPARDO, MCDONOUGH,
PERRY. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE INSURANCE LAW,
IN RELATION TO PREMIUM REDUCTION FOR OBSTETRIC PRACTITIONERS WHO
COMPLETE A RISK MANAGEMENT STRATEGIES COURSE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
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. A00882, CALENDAR NO.
321, WRIGHT, WEPRIN, CRESPO, JAFFEE, O'DONNELL, SIMON, COOK, ORTIZ,
DE LA ROSA, BLAKE, RICHARDSON, AUBRY. AN ACT TO AMEND THE
CORRECTION LAW, IN RELATION TO SIGNIFICANT PROGRAMMATIC
ACCOMPLISHMENT FOR LIMITED CREDIT TIME ALLOWANCES FOR CERTAIN
INMATES.
29
NYS ASSEMBLY MAY 20, 2019
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WRIGHT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00916, CALENDAR NO.
322, PEOPLES-STOKES, PERRY, GLICK, BRONSON, WEPRIN, GOTTFRIED. AN
ACT TO AMEND CORRECTION LAW, IN RELATION TO HUMAN IMMUNODEFICIENCY
VIRUS (HIV) PREVENTION.
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.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. THIS BILL CAME UP BEFORE THE HOUSE IN THE PAST AND WOULD
APPLY TO ALL THE LOCAL JAILS. IT HAS SINCE BEEN AMENDED TO APPLY JUST TO
STATE INSTITUTIONS. AND I APPRECIATE THE AMENDMENT SO THAT WE'RE NOT
30
NYS ASSEMBLY MAY 20, 2019
IMPOSING AN UNFUNDED MANDATE ON OUR LOCAL CORRECTIONAL FACILITIES AND
FOR THAT REASON, I'LL BE SUPPORTING THE BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01092, CALENDAR NO.
323, LIFTON, TITUS, CAHILL, COOK, DINOWITZ, GOTTFRIED, ORTIZ, PAULIN,
RIVERA, BENEDETTO, ENGLEBRIGHT, CUSICK, COLTON, BRONSON, PERRY,
SIMON, MOSLEY, SEAWRIGHT, STECK, WILLIAMS, ABBATE, ABINANTI, GALEF,
GLICK, HYNDMAN, JAFFEE, LUPARDO, O'DONNELL, PEOPLES-STOKES. AN ACT
TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO WAIVING THE STATE'S
SOVEREIGN IMMUNITY TO CLAIMS UNDER THE AMERICANS WITH DISABILITIES
ACT OF 1990, THE FAIR LABOR STANDARDS ACT OF 1938, THE AGE
DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AND THE FAMILY AND
MEDICAL LEAVE ACT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01112, CALENDAR NO.
322, JAFFEE. AN ACT IN RELATION TO AUTHORIZING HATZOLOH EMS, INC. OF
MONSEY TO FILE AN APPLICATION FOR A REAL PROPERTY TAX EXEMPTION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
31
NYS ASSEMBLY MAY 20, 2019
(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. A01564, CALENDAR NO.
325, PEOPLES-STOKES, L. ROSENTHAL, GOTTFRIED, TITUS, PERRY, OTIS,
COLTON, GALEF, MOSLEY, HUNTER, THIELE, LUPARDO, DINOWITZ, CARROLL,
QUART, HYNDMAN, ORTIZ, STECK, ABINANTI, DE LA ROSA, SEAWRIGHT,
TAYLOR, JONES, PAULIN, STIRPE, ARROYO, GLICK, BRONSON. AN ACT TO
AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO
ESTABLISHING A PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP AND
AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01565, CALENDAR NO.
326, GALEF, PEOPLES-STOKES, PAULIN, DINOWITZ, ARROYO, JAFFEE, WEPRIN,
ABINANTI, SIMON, ORTIZ, NIOU, STECK, WRIGHT, MOSLEY, KOLB, GIGLIO,
ASHBY, CAHILL, COLTON, DE LA ROSA, FINCH, GOTTFRIED, LENTOL,
MCDONOUGH, B. MILLER, M.L. MILLER, THIELE. AN ACT TO AMEND
ELECTION LAW, IN RELATION TO INCLUDING E-MAIL ADDRESSES IN VOTER
REGISTRATION DATA.
ACTING SPEAKER AUBRY: READ THE -- READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
32
NYS ASSEMBLY MAY 20, 2019
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER PICHARDO: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER, FOR ALLOWING ME TO INTERRUPT ON BEHALF OF ASSEMBLYMAN
DAVID DIPIETRO, WE HAVE A GREAT GROUP OF 4-HERS FROM ERIE AND
WYOMING COUNTY. AND, AS YOU KNOW, THE 4-H PROGRAM IS A GREAT
AGRICULTURAL PROGRAM, IT TEACHES A LOT OF -- TEACHES A LOT OF
RESPONSIBILITY AND RESPECT AND A -- A LOT OF CHARACTER BUILDING IN THE
4-H PROGRAM. THEY'RE HERE IN ALBANY TODAY TO CELEBRATE THE 84TH
ANNUAL NEW YORK STATE CAPITAL DAYS. I AM HERE TO ASSURE YOU THAT
NONE OF THEM ARE YET 84, SO APPARENTLY THEY DIDN'T BRING ANY CHARTER
MEMBERS.
(LAUGHTER)
BUT JOINING US ARE HOLLY NIEFERGOLD, AMELIA HINSTRUB
(PHONETIC), TAMMI KRON, ROXANNE DUEPPENGIESSER, ABIGAIL JOHNSON,
KATIE FISHER AND DAVID ZYWICZYNSKI. IF YOU WOULD EXTEND THE
CORDIALITIES OF THE HOUSE TO THIS FINE YOUNG GROUP, I WOULD CERTAINLY
APPRECIATE IT.
ACTING SPEAKER PICHARDO: CERTAINLY, MR.
GOODELL. ON BEHALF OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS,
33
NYS ASSEMBLY MAY 20, 2019
WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR, THANK YOU FOR THIS -- FOR YOUR LEADERSHIP
ON THIS IMPORTANT ISSUE OF AGRICULTURE. MORE IMPORTANTLY, KEEP COMING
BACK. EIGHTY-FOUR YEARS OR NOT, KEEP COMING BACK. YOU ARE ALWAYS
WELCOME. THANK YOU SO MUCH FOR YOU ADVOCACY.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01605-A, CALENDAR
NO. 327, PAULIN, JONES. AN ACT TO AMEND THE NOT-FOR-PROFIT
CORPORATION LAW AND THE TOWN LAW, IN RELATION TO THE ABANDONMENT
OF CEMETERIES.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MS. PAULIN, 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 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, ON BEHALF
OF OUR COLLEAGUES ELLEN JAFFEE AND MR. EICHENSTEIN, THERE ARE SOME
LOVELY LADIES IN THE CHAMBERS [SIC] ABOVE YOU FROM THE AVIR YAAKOV
34
NYS ASSEMBLY MAY 20, 2019
GIRLS' SCHOOL FROM SPRING VALLEY, NEW YORK. MR. SPEAKER, ON BEHALF
OF OUR COLLEAGUES, COULD YOU PLEASE WELCOME THESE OUTSTANDING YOUNG
LADIES TO OUR CHAMBERS [SIC] AND OFFER THEM THE CORDIALITIES OF THE
FLOOR.
ACTING SPEAKER PICHARDO: CERTAINLY. ON
BEHALF OF MS. JAFFEE AND MR. EICHENSTEIN, THE SPEAKER AND ALL THE
MEMBERS, HELLO. WE WELCOME YOU HERE TO THE NEW YORK STATE
ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. I HOPE YOU'RE
HAVING A GOOD TIME WATCHING THE PROCEEDINGS THIS AFTERNOON, AND
YOU'RE ALWAYS WELCOME TO COME BACK WHENEVER YOU'D LIKE TO COME
BACK. THANK YOU SO VERY MUCH.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01606, CALENDAR NO.
328, HUNTER, ENGLEBRIGHT, COLTON, COOK, D'URSO, HYNDMAN, WEPRIN,
BLAKE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO INCLUDING THE INCORPORATION OF RESOURCE
CONSERVATION, ENERGY EFFICIENCY, GREEN TECHNOLOGIES, AND ALTERNATIVE
AND RENEWABLE ENERGY MEASURES IN A PROJECT INTO A UNIFORM TAX
EXEMPTION POLICY.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
35
NYS ASSEMBLY MAY 20, 2019
(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. A01877, CALENDAR NO.
329, ZEBROWSKI. AN ACT TO AUTHORIZE THE ASSESSOR OF THE TOWN OF
HAVERSTRAW, COUNTY OF ROCKLAND, TO ACCEPT FROM HI TOR ANIMAL CARE
CENTER, INC. AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MR. ZEBROWSKI, 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 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.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02218-A, CALENDAR
NO. 330, ABINANTI. AN ACT TO AMEND CHAPTER 504 OF THE LAWS OF 2016,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE TOWN OF
GREENBURGH TO ADOPT A LOCAL LAW TO IMPOSE A HOTEL/MOTEL OCCUPANCY
TAX FOR HOTELS NOT LOCATED IN A VILLAGE; AUTHORIZING SPECIFIED VILLAGES IN
THE TOWNS OF GREENBURGH AND MOUNT PLEASANT TO ADOPT LOCAL LAWS TO
36
NYS ASSEMBLY MAY 20, 2019
IMPOSE A HOTEL/MOTEL OCCUPANCY TAX IN SUCH VILLAGES, IN RELATION TO
EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER PICHARDO: HOME RULE
MESSAGE IS AT THE DESK AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02225-A, CALENDAR
NO. 331, CAHILL. AN ACT TO AMEND EXECUTIVE LAW, IN RELATION TO
INCLUDING THE SAWKILL CREEK IN ULSTER COUNTY WITHIN THE DEFINITION OF
"INLAND WATERWAYS" FOR THE PURPOSES OF WATERFRONT REVITALIZATION.
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.
THE CLERK: ASSEMBLY NO. A02326-A, CALENDAR
NO. 332, DINOWITZ, M.G. MILLER, COLTON, OTIS, SEAWRIGHT, SIMON,
WILLIAMS, ORTIZ, JOYNER, COOK, D'URSO, CRESPO, NIOU, MAGNARELLI,
ABINANTI, BLAKE, BARRON, BRAUNSTEIN, ENGLEBRIGHT, HYNDMAN, PERRY,
WEINSTEIN. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO CREATING AND
DISTRIBUTING A DRUG GUIDE FOR SENIOR CONSUMERS.
ACTING SPEAKER AUBRY. ON A MOTION BY MR.
37
NYS ASSEMBLY MAY 20, 2019
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT SEPTEMBER
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. A02345, CALENDAR NO.
333, SOLAGES, NORRIS, MORINELLO, GOTTFRIED, ARROYO, WILLIAMS, GLICK,
DICKENS, D'URSO, JAFFEE, CRESPO, HYNDMAN, BARRON, LAVINE, L.
ROSENTHAL, BLAKE, RIVERA, SEAWRIGHT, COOK, EPSTEIN, SIMON. AN ACT TO
AMEND THE SOCIAL SERVICES LAW, IN RELATION TO LACTATION COUNSELING
SERVICES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. 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.)
38
NYS ASSEMBLY MAY 20, 2019
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02432, CALENDAR NO.
334, FAHY, BARRETT, ORTIZ, MAGNARELLI, GOTTFRIED, ENGLEBRIGHT, THIELE,
SIMON, D'URSO, GLICK, LUPARDO, JAFFEE, ZEBROWSKI, SANTABARBARA,
COLTON, CAHILL, GALEF, MOSLEY, ARROYO, SEAWRIGHT, PICHARDO, LIFTON,
DINOWITZ, VANEL, STIRPE, L. ROSENTHAL, STECK, ABINANTI, RICHARDSON,
WRIGHT, WALLACE, O'DONNELL, TAYLOR, NIOU, QUART, CARROLL, DE LA
ROSA, CROUCH. AN ACT TO AMEND THE PUBLIC SERVICE LAW AND THE STATE
FINANCE LAW, IN RELATION TO INSTITUTING INTERNET SERVICE NEUTRALITY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02484, CALENDAR NO.
335, WEPRIN, MCDONALD. AN ACT TO AMEND THE CORRECTION LAW AND THE
PENAL LAW, IN RELATION TO ESTABLISHING MERIT TIME ALLOWANCE CREDITS AND
CERTAIN ADMINISTRATIVE PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL
FACILITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02493, CALENDAR NO.
336, LAVINE, LIFTON. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
PROVIDING A TAX CREDIT FOR UNIVERSAL VISITABILITY; AND PROVIDING FOR THE
REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02688, CALENDAR NO.
337, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO REQUIRING PUBLIC NOTICE PRIOR TO CERTAIN TRANSPORTATION
FACILITY CLOSURES.
39
NYS ASSEMBLY MAY 20, 2019
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03076, CALENDAR NO.
338, GOTTFRIED, DINOWITZ, GALEF, PAULIN, L. ROSENTHAL, COLTON, JAFFEE,
ABINANTI, D'URSO, LIFTON. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND
THE INSURANCE LAW, IN RELATION TO THE DEFINITION OF CLINICAL PEER
REVIEWER.
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.)
MR. MONTESANO TO EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU, MR. SPEAKER. I JUST
WANT TO THANK THE SPONSOR FOR THIS BILL. YOU KNOW IN MY -- IN MY
PROFESSION AS AN ATTORNEY, MANY TIMES I'VE HAD CLIENTS WHO'VE BEEN
40
NYS ASSEMBLY MAY 20, 2019
SUBJECTED TO INDEPENDENT MEDICAL EXAMS, NO-FAULT EXAMS AND MANY
OTHER DIFFERENT TYPES OF EXAMS BY PHYSICIANS WHO ARE EXAMINING THEM
FOR ISSUES, AND THAT PHYSICIAN HAS NO EXPERTISE OR CERTIFICATION
WHATSOEVER IN THAT AREA THAT THE PERSON IS EXPERIENCING AND SUFFERING
FROM, AND THAT PHYSICIAN THEN WRITES A REPORT THAT HAS A NEGATIVE
IMPACT ON THE PATIENT. SO, THIS IS A VERY NECESSARY AND IMPORTANT BILL
AND I'LL BE SUPPORTING IT AND I ASK MY COLLEAGUES TO DO THE SAME.
THANK YOU.
ACTING SPEAKER AUBRY: MR. MONTESANO IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03629, CALENDAR NO.
339, SCHIMMINGER, D'URSO. AN ACT TO AMEND THE GENERAL MUNICIPAL
LAW, IN RELATION TO PERMITTING THE KENMORE-TOWN OF TONAWANDA
UNION FREE SCHOOL DISTRICT TO ESTABLISH AN INSURANCE RESERVE FUND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
41
NYS ASSEMBLY MAY 20, 2019
THE CLERK: ASSEMBLY NO. A04268, CALENDAR NO.
340, HEVESI, L. ROSENTHAL, JEAN-PIERRE, ABINANTI, BLAKE, JOYNER,
SIMON, BARRON, GUNTHER, CRESPO, WRIGHT, WILLIAMS, JAFFEE, LUPARDO,
B. MILLER, D'URSO, SOLAGES, RIVERA, SEAWRIGHT, DAVILA, FAHY,
MORINELLO, COOK, WALSH. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO MANDATING TRAINING OF DIRECT CARE WORKERS IN ADVERSE
CHILDHOOD EXPERIENCES (ACES).
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04310, CALENDAR NO.
341, AUBRY. AN ACT TO AMEND THE CORRECTION LAW AND THE PUBLIC
HEALTH LAW, IN RELATION TO BIRTH CERTIFICATES FOR INMATES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04312, CALENDAR NO.
342, THIELE. AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN
RELATION TO THE OPERATION OF ENTREPRENEURSHIP ASSISTANCE CENTERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
42
NYS ASSEMBLY MAY 20, 2019
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 COULD
RETURN TO CALENDAR NO. 339 FOR A -- A RE-VOTE. THERE WAS A TECHNICAL
PROBLEM AT THE DESK. IF WE COULD DO THAT ONE FIRST. AND THEN, MR.
SPEAKER, WE HAVE SEVERAL TAX-RELATED BILLS THAT WE WOULD LIKE TO
APPROVE. THERE ARE AT LEAST SIX OF THEM, BUT IT IS CRITICAL THAT MEMBERS
STAY IN THE CHAMBERS [SIC] AND IN THEIR SEATS. SO, AFTER WE DO 339, MR.
SPEAKER, IF WE COULD GO TO CALENDAR NO. 330 BY MR. ABINANTI;
CALENDAR NO. 353 BY MR. NORRIS; CALENDAR NO. 354, MR. OTIS;
CALENDAR NO. 355, MR. CROUCH; NO. 356, MR. PRETLOW; NO. 261, MS.
LUPARDO AND NO. 294, MR. STEC. IN THAT ORDER, MR. SPEAKER. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03629, CALENDAR NO.
339, SCHIMMINGER. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO PERMITTING THE KENMORE-TOWN OF TONAWANDA UNION FREE
43
NYS ASSEMBLY MAY 20, 2019
SCHOOL DISTRICT TO ESTABLISH AN INSURANCE RESERVE FUND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, CALENDAR NO. 330, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02218-A, CALENDAR
NO. 330, ABINANTI. AN ACT TO AMEND CHAPTER 504 OF THE LAWS OF 2016,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE TOWN OF
GREENBURGH TO ADOPT A LOCAL LAW TO IMPOSE A HOTEL/MOTEL OCCUPANCY
TAX FOR HOTELS NOT LOCATED IN A VILLAGE; AUTHORIZING SPECIFIED VILLAGES IN
THE TOWNS OF GREENBURGH AND MOUNT PLEASANT TO ADOPT LOCAL LAWS TO
IMPOSE A HOTEL/MOTEL OCCUPANCY TAX IN SUCH VILLAGES, IN RELATION TO
EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: HOME RULE IS AT THE
DESK. 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.
44
NYS ASSEMBLY MAY 20, 2019
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I'D LIKE TO
INTERRUPT THE PROCEEDINGS TO INTRODUCE SOME GUESTS WHO ARE HERE WITH
OUR COLLEAGUE, JUDY GRIFFIN. THEY ARE PUBLIC SERVANTS EXTRAORDINAIRE. I
BELIEVE THEY'RE RIGHT HERE. MR. SPEAKER, WE HAVE TRICIA SHIELDS, SHE'S
THE SECRETARY/TREASURER FOR THE SOUTH HEMPSTEAD FIRE DISTRICT; PAUL
CARTIER, HE'S THE PRESIDENT OF THE ASSOCIATION OF FIRE DISTRICTS IN
NASSAU COUNTY; DON CORKERY, HE'S THE VICE PRESIDENT OF THE
ASSOCIATION -- OF THE NEW YORK STATE ASSOCIATION OF FIRE DISTRICTS;
AND JOHN CANNON IS THE COMMISSIONER OF HALESITE, NEW YORK.
MR. SPEAKER, IF YOU COULD WELCOME THESE FINE PUBLIC
SERVANTS TO OUR CHAMBERS [SIC].
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES, MS. GRIFFIN, THE SPEAKER AND ALL THE MEMBERS,
WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU WILL ENJOY OUR PROCEEDINGS.
HAPPY THAT YOU'VE BEEN ABLE TO JOIN US AND CONGRATULATIONS ON GREAT
PUBLIC SERVICE THAT YOU PROVIDE. THANK YOU SO VERY MUCH.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06537, CALENDAR NO.
353, NORRIS, HAWLEY. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING AN OCCUPANCY TAX IN THE VILLAGE OF MEDINA.
45
NYS ASSEMBLY MAY 20, 2019
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06542, CALENDAR NO.
354, OTIS. AN ACT TO AMEND CHAPTER 508 OF THE LAWS OF 2016,
AMENDING THE TAX LAW RELATING TO THE IMPOSITION OF AN OCCUPANCY TAX
IN THE VILLAGE OF MAMARONECK, IN RELATION TO EXTENDING THE EXPIRATION
THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06548, CALENDAR NO.
355, CROUCH. AN ACT TO AMEND TAX LAW, IN RELATION TO AUTHORIZING THE
46
NYS ASSEMBLY MAY 20, 2019
COUNTY OF CHENANGO TO ESTABLISH HOTEL AND MOTEL TAXES.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06694, CALENDAR NO.
356, PRETLOW. AN ACT TO AMEND TAX LAW AND CHAPTER 535 OF THE LAWS
OF 1987, AMENDING THE TAX LAW RELATING TO THE CITY OF YONKERS
PERSONAL INCOME TAX SURCHARGE, IN RELATION TO EXTENDING THE EXPIRATION
DATE OF THE PERSONAL INCOME TAX SURCHARGE.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06546, CALENDAR NO.
47
NYS ASSEMBLY MAY 20, 2019
261, LUPARDO, CROUCH, FRIEND. AN ACT TO AMEND THE COUNTY LAW AND
THE TAX LAW, IN RELATION TO AUTHORIZING THE COUNTY OF BROOME TO
IMPOSE AN ADDITIONAL SURCHARGE TO PAY FOR THE COSTS ASSOCIATED WITH
UPDATING THE TELECOMMUNICATION EQUIPMENT AND TELEPHONE SERVICES
NEEDED TO PROVIDE AN ENHANCED 9-1-1 EMERGENCY TELEPHONE SYSTEM TO
SERVE SUCH COUNTY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS
UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. 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.
MR. GOODELL.
MR. GOODELL: THANK YOU -- THANK YOU, MR.
SPEAKER. IT'S MY HONOR TO INTRODUCE TO THE CHAMBER ON BEHALF OF
ASSEMBLYMAN DAN STEC, HIS WIFE, HILARY STEC. SO, THERE ARE HILARY'S
THAT ARE HELD IN OUR GOOD STANDING WITHIN OUR CAUCUS FOR SURE.
ACTING SPEAKER AUBRY: OOOH. OOOH. OOOH.
(LAUGHTER)
MR. GOODELL: SHE'S A GREAT RESIDENT OF THE STATE
OF NEW YORK, HUMAN RESOURCES MANAGER, WORKED FOR MILLS
48
NYS ASSEMBLY MAY 20, 2019
ENTERTAINMENT. SHE MET MR. STEC WHILE AT COLLEGE AND THEY'VE BEEN
MARRIED FOR 28 YEARS.
(APPLAUSE)
I'M NOT QUITE SURE WHAT THAT APPLAUSE MEANS.
(LAUGHTER)
BUT THEY HAVE A SON, PETER, AND IF YOU WOULDN'T MIND
WELCOMING HILARY STEC WHO CAME HERE JUST TO SEE THE VERY NEXT BILL
PASS THAT HER HUSBAND IS SPONSORING. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, MS. STEC, WE
APPRECIATE THAT YOU'RE HERE. YOU ARE FAMILY SO YOU ALWAYS HAVE THE
PRIVILEGES OF THE FLOOR. WE'RE SO HAPPY THAT YOU CAN JOIN US TODAY.
CERTAINLY I KNOW IT WASN'T PLANNED TO BE HERE WHEN HE PASSES THE BILL,
COULDN'T BE, I COULDN'T BELIEVE THAT. AND MAYBE, SINCE I HEAR YOU'RE IN
ENTERTAINMENT, YOU MIGHT OFFER MR. GOODELL A COMIC CONTRACT SO THAT
WE CAN KEEP LAUGHING MORE THAN JUST HERE. THANK YOU SO VERY MUCH,
WE'RE HAPPY TO HAVE YOU.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04474, CALENDAR NO.
294, D. STEC, WOERNER. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING THE COUNTY OF WASHINGTON TO IMPOSE AN ADDITIONAL
MORTGAGE RECORDING TAX.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
49
NYS ASSEMBLY MAY 20, 2019
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 TO PAGE 14, IT'S RULES REPORT NO. 16, ON DEBATE, BY MR. ABINANTI.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00763-A, RULES
REPORT NO. 16, ABINANTI, MOSLEY, GALEF, JAFFEE, GOTTFRIED, BLAKE,
RICHARDSON, COLTON, RIVERA, BUCHWALD, WEPRIN, SEAWRIGHT, SIMOTAS,
BURKE, CRUZ, FRONTUS, GRIFFIN, JACOBSON, MCMAHON, PICHARDO, REYES,
SAYEGH, STECK, STERN, BUTTENSCHON, D. ROSENTHAL, FERNANDEZ,
DINOWITZ, GLICK, LAWRENCE, RAMOS, WALKER. AN ACT TO AMEND THE
PENAL LAW AND THE CRIMINAL PROCEDURE LAW, IN RELATION TO ESTABLISHING
CRIMES RELATING TO THE CRIMINAL POSSESSION OR MANUFACTURE OF
UNDETECTABLE FIREARMS, RIFLES OR SHOTGUNS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABINANTI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL WILL BE
ADVANCED.
AN EXPLANATION IS REQUESTED, MR. ABINANTI.
SHH. WE ARE ON DEBATE, LADIES AND GENTLEMEN.
50
NYS ASSEMBLY MAY 20, 2019
MR. ABINANTI: THANK YOU, MR. SPEAKER. THIS BILL
WILL AMEND THE PENAL LAW TO MAKE IT ILLEGAL TO MANUFACTURE, SALE --
SELL OR POSSESS A -- AN UNDETECTABLE FIREARM OR ANY MAJOR COMPONENT OF
AN UNDETECTABLE FIREARM, OR ANY MAJOR COMPONENT WHICH IS
UNDETECTABLE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
ABINANTI?
MR. ABINANTI: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: I NOTE THAT THIS BILL CROSS-REFERENCES
18 U.S.C. SECTION 922(P). I ASSUME THAT'S THE FEDERAL UNDETECTABLE
FIREARMS ACT?
MR. ABINANTI: YES, IT IS.
MR. GOODELL: AND DOES THIS BILL HAVE ANY CRITERIA
THAT IS DIFFERENT THAN THE FEDERAL UNDETECTABLE FIREARMS ACT?
MR. ABINANTI: THE BILL IS DESIGNED TO MIRROR THE
FEDERAL LAW.
MR. GOODELL: WELL, IF IT'S ALREADY ILLEGAL UNDER
FEDERAL LAW, AND HAS BEEN, I THINK, FOR 30 YEARS, WHY DO WE NEED A
STATE LAW?
MR. ABINANTI: TWO REASONS: FIRST OF ALL, WE WANT
TO ALLOW OUR LAW ENFORCEMENT OFFICIALS TO ENFORCE A SIMILAR POLICY; AND
51
NYS ASSEMBLY MAY 20, 2019
SECONDLY, WE CAN'T COUNT ON THE FEDERAL GOVERNMENT TO CONSISTENTLY
RENEW THE FEDERAL LAW. THERE WAS A -- A PERIOD OF TIME WHEN THE LAW
LAPSED AND AFTER SEVERAL MONTHS IT WAS FINALLY RENEWED, BUT THERE WAS A
PERIOD OF TIME WHEN THERE WAS NO LAW IN PLACE. SO, WE WANT A
PERMANENT LAW IN THE STATE OF NEW YORK TO ASSIST OUR LAW ENFORCEMENT
OFFICIALS FUNCTION AND CARRY OUT THEIR DUTIES.
MR. GOODELL: BUT THE FEDERAL LAW IS CURRENTLY IN
EFFECT AND WILL BE EFFECT -- IN EFFECT, IF I'M NOT MISTAKEN, UNTIL 2023; IS
THAT CORRECT?
MR. ABINANTI: YES.
MR. GOODELL: SO, WE'RE NOT IN ANY IMMEDIATE
DANGER OF THE FEDERAL LAW EXPIRING.
MR. ABINANTI: NO, BUT WE DO WANT TO MAKE SURE
THAT OUR LAW ENFORCEMENT OFFICIALS CAN PROTECT THE PEOPLE OF THE STATE
OF NEW YORK.
MR. GOODELL: OF COURSE YOU WOULD BE
DISAPPOINTED IF I DIDN'T ASK YOU A CONSTITUTIONAL QUESTION.
MR. ABINANTI: YES, I WOULD.
(LAUGHTER)
MR. GOODELL: SO, LOOKING AT YOUR BILL, SINCE IT
TRACKS, MIRRORS THE FEDERAL STATUTE, NOT SURPRISINGLY, IT ACTUALLY SAYS THIS
BANS UNDETECTABLE FIREARMS AS DEFINED BY FEDERAL STATUTE, CORRECT?
MR. ABINANTI: CORRECT.
MR. GOODELL: SO, DOESN'T THAT CONFLICT WITH
ARTICLE III, SECTION 16 OF THE STATE CONSTITUTION, WHICH PROHIBITS US
52
NYS ASSEMBLY MAY 20, 2019
FROM INCORPORATING ANOTHER LAW BY REFERENCE?
MR. ABINANTI: FUNNY YOU SHOULD ASK. I ASKED THE
SAME QUESTION OF STAFF, AND OUR LEGAL SCHOLARS SAID THAT THIS LANGUAGE
HAS BEEN HELD TO BE ACCEPTABLE UNDER THE NEW YORK STATE CONSTITUTION.
IN ADDITION, THIS IS KIND OF A -- A BELT AND SUSPENDERS APPROACH. WE
ALSO DEFINE THE PROHIBITED ACTIVITIES IN A WAY THAT IS SIMILAR TO THE
FEDERAL GOVERNMENT. SO, WE REFER TO THE FEDERAL STATUTE, BUT WE ALSO
REPEAT SOME OF THE LANGUAGE IN OUR STATUTE.
MR. GOODELL: NOW, ARTICLE III OF OUR STATE
CONSTITUTION MAKES IT REASONABLY CLEAR, I THINK, THAT ONLY THE
LEGISLATURE CAN ENACT LAWS, AND WE HAVE A PROCESS FOR IT, OF COURSE,
YOU KNOW, AND I DON'T NEED TO REVIEW CIVICS LESSONS, BUT HERE WE ARE
EVALUATING THE LAW. BUT WHEN WE PASS A LAW THAT SAYS WE'RE BANNING
WEAPONS AS DEFINED BY FEDERAL LAW, AREN'T WE THEN LEAVING IT UP TO THE
FEDERAL GOVERNMENT TO DECIDE WHAT WE BAN OR DON'T BAN?
MR. ABINANTI: I WOULD SUGGEST --
MR. GOODELL: I MEAN, JUST USING YOUR EXAMPLE --
I APOLOGIZE, BUT USING YOUR EXAMPLE, IF THIS SECTION EXPIRES, OR THEY
AMEND THIS SECTION, WILL THAT HAVE THE EFFECT, THEN, OF AUTOMATICALLY
AMENDING OUR LAW EVEN THOUGH WE AS A LEGISLATURE DIDN'T VOTE ON IT?
MR. ABINANTI: NO. WHAT WE DO IS WE REFER TO THE
SECURITY EXEMPLAR, WHICH IS THE WAY THE FEDERAL GOVERNMENT MEASURES
THE DEVICE THAT WE CALL A METAL DETECTOR, AND THAT'S THE DEFINITION THAT
WE ARE USING. SO, IF THE FEDERAL GOVERNMENT WERE TO REPEAL ITS STATUTE,
IT WOULD BE MY BELIEF THAT THE DEFINITION THAT IS NOW CONTAINED IN THE
53
NYS ASSEMBLY MAY 20, 2019
STATUTE OF THE SECURITY EXEMPLAR WOULD CONTINUE FORWARD FOR THE
PURPOSES OF OUR DEFINING WHAT THE SECURITY EXEMPLAR IS FOR THE METAL
DETECTOR. SO, WE'RE NOT SAYING OUR STATUTE IS THE SAME AS THE FEDERAL,
WE'RE JUST PICKING UP A PIECE OF THE FEDERAL STATUTE FOR THE PURPOSES OF
DEFINING THE SECURITY EXEMPLAR.
MR. GOODELL: NOW, AS YOU KNOW, OF COURSE, IN
ORDER TO HAVE A VALID AND EFFECTIVE PENAL LAW SANCTION, YOU HAVE TO --
THE LAW ITSELF HAS TO BE VERY CLEAR SO THAT A DEFENDANT WOULD KNOW,
WITH REASONABLE CERTAINTY, THAT THEIR ACTIVITY VIOLATES THE LAW. AND, OF
COURSE, THE COURTS ARE MORE STRICT, IF YOU WILL, THE STRONGER THE PENALTY.
ACTING SPEAKER AUBRY: YOUR COLLEAGUE IS
DEBATING A BILL. I WOULD THINK YOU WOULD GIVE HIM THE RESPECT OF BEING
QUIET.
MR. GOODELL: MY CONCERN, AND PERHAPS YOU
WOULD ADDRESS IT, IS THIS BILL SAYS THAT A WEAPON IS ILLEGAL IF -- IF IT'S
SUBJECT TO THE TYPES OF DETECTION DEVICES COMMONLY USED AT AIRPORTS,
AND THAT COMMONLY USED EQUIPMENT, DOESN'T THAT GENERATE AN IMAGE
THAT ADEQUATELY DISPLAYS THE GUN? SO, CAN YOU TELL ME WHAT'S MEANT BY
"COMMONLY USED?" IS -- IS THE DEFENDANT EXPECTED TO TAKE A SURVEY TO
SEE WHAT PERCENT OF AIRPORT EQUIPMENT WOULD DETECT THIS GUN? BECAUSE
AIRPORT EQUIPMENT IS CONSTANTLY BEING UPDATED, OF COURSE, AND THE
LARGER AIRPORT EQUIPMENT IS A LOT MORE SOPHISTICATED THAN SOME OF THE
RURAL AIRPORTS.
MR. ABINANTI: UM, I BET YOU THE SAME QUESTION
WAS POSED TO REPRESENTATIVE HUGHES FROM NEW JERSEY WHEN THE
54
NYS ASSEMBLY MAY 20, 2019
FEDERAL GOVERNMENT USED THE EXACT SAME LANGUAGE. IT WAS OUR INTENT
TO MIRROR THE FEDERAL STATUTE SO THERE WOULD BE NO CONFUSION, NO
DISAGREEMENT AS TO WHAT WAS LEGAL AND WHAT WASN'T LEGAL. SO, WE USED
THE SAME LANGUAGE THAT THE FEDS HAVE USED FOR THE LAST, AS YOU SAID, 25
YEARS. IT DOESN'T SEEM TO HAVE CAUSED ANY CONFUSION ON THE FEDERAL
LEVEL. WE'RE HOPEFUL THAT THERE WON'T BE ANY CONFUSION ON THE STATE
LEVEL.
MR. GOODELL: AND CAN YOU GIVE US SOME ADVICE,
SINCE SENATOR HUGHES IS NOT HERE TO ANSWER QUESTIONS, WHAT'S MEANT BY
"COMMONLY USED" --
MR. ABINANTI: I THINK -- I THINK HE'S A
CONGRESSMAN.
MR. GOODELL: CONGRESSMAN, YES. WHAT'S MEANT
BY "COMMONLY USED?"
MR. ABINANTI: I WILL LEAVE THAT TO THE COURTS TO
DETERMINE, AND TO THE HISTORY AND THE LEGISLATIVE HISTORY IN CONGRESS IF
IT DOES BECOME AN ISSUE. AS I SAID, WE'VE HAD 25 YEARS, AS YOU
YOURSELF NOTED, 25 YEARS OF EXPERIENCE WITH THIS ON THE FEDERAL LEVEL.
SO, WE'RE JUST TRYING TO MAKE SURE THAT OUR LOCAL LAW ENFORCEMENT
OFFICIALS CAN ENFORCE THE SAME STANDARDS THAT THE FEDS HAVE USED FOR
THE LAST 25 YEARS.
MR. GOODELL: WELL, AS YOU CAN APPRECIATE,
CONGRESSIONAL LEGISLATIVE HISTORY IS IRRELEVANT WHEN WE'RE ADOPTING
STATE LAWS, WE LOOK TO STATE LEGISLATIVE HISTORY. SO, MY QUESTION AGAIN
IS, FOR THE PURPOSES OF THE LEGISLATIVE HISTORY FOR THIS PROPOSED STATE
55
NYS ASSEMBLY MAY 20, 2019
BILL, AND I UNDERSTAND IT DOES NOTHING MORE THAN WHAT THE FEDS ALREADY
DO BUT --
MR. ABINANTI: RIGHT.
MR. GOODELL: -- FOR THE PURPOSE OF THE STATE LAW,
WHAT'S MEANT BY "COMMONLY USED AT AIRPORTS?" DOES THAT MEAN MORE
THAN 10 PERCENT OF THE AIRPORTS OR HALF THE AIRPORTS? I MEAN, WHAT'S
MEANT BY "COMMONLY USED?"
MR. ABINANTI: I THINK THOSE WORDS ARE ENGLISH
WORDS THAT SPEAK FOR THEMSELVES. AND I CAN'T SPEAK FOR A COURT AS TO
HOW THEY WOULD INTERPRET THEM IF THEY'RE EVER CHALLENGED.
MR. GOODELL: AND WHAT'S MEANT BY "ADEQUATELY
DISPLAYED?"
MR. ABINANTI: I THINK THAT'S THE SAME THING. I
THINK THAT WILL BE LEFT TO A CHALLENGE IF THERE IS ONE, BUT I -- BUT I -- YOU
KNOW, EVERY ONE OF THESE STATUTES HAS TO BE INTERPRETED. AGAIN, THERE'S
A HISTORY OF 25 YEARS ON THE FEDERAL LEVEL THAT THE STATE COURTS COULD
LOOK TO TO GET GUIDANCE IF -- IF THEY BELIEVE THAT THE STATUTE IS NOT CLEAR
ON ITS FACE. I THINK IT'S CLEAR ON ITS FACE.
MR. GOODELL: THANK YOU, MR. ABINANTI.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I APPRECIATE MY COLLEAGUE'S DESIRE
TO BAN UNDETECTABLE GUNS, IT'S A -- IT'S AN OBJECTIVE THAT WAS RECOGNIZED
BY THE U.S. CONGRESS 30 YEARS AGO. AND THE BILL THAT BANS
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NYS ASSEMBLY MAY 20, 2019
UNDETECTABLE GUNS ON THE FEDERAL LEVEL HAS BEEN CONTINUED UNTIL 2023.
AND AS MY COLLEAGUE SO ACCURATELY STATED, THIS BILL DOES NOTHING MORE
THAN WHAT THE FEDERAL GOVERNMENT ALREADY DOES.
BUT WHETHER WE'RE LOOKING AT THE FEDERAL STATUTE OR
THIS STATUTE AND, ACTUALLY, WE'RE ONLY LOOKING AT THIS STATUTE, WHEN WE
DEVELOP A CRIMINAL LAW WE OUGHT TO HAVE STANDARDS THAT ARE REASONABLY
CLEAR FOR THE AVERAGE PERSON SO THAT SOMEBODY'S NOT ARRESTED FOR A
FELONY, CLASS D FELONY, OR A CLASS E FELONY WITHOUT KNOWING THAT THEY
VIOLATED THE LAW. AND THE PROBLEM WITH THIS BILL IS THE STANDARD SAYS IS
THAT DEVICES THAT ARE "COMMONLY USED AT AIRPORTS," WOULD NOT GENERATE
AN IMAGE THAT ADEQUATELY DISPLAYS A FIREARM. WHAT'S MEANT BY
"COMMONLY USED?" DO YOU KNOW? WOULD YOU KNOW? AND WHAT'S
MEANT BY "ADEQUATELY DISPLAYS?" NONE OF US WOULD KNOW. NONE OF US
I DON'T THINK DO KNOW WHAT'S MEANT BY "ADEQUATELY DISPLAYED." BUT
WHAT WE ALL KNOW IS THAT THE TECHNOLOGY IN THE SECURITY FIELD IS
CONSTANTLY BEING UPGRADED AND IMPROVED. SO WHAT WASN'T DISPLAYED
FIVE YEARS AGO CAN BE EASILY DISPLAYED NOW, BUT WE'RE TRYING TO PASS, OR
SEEKING TO PASS A BILL THAT WOULD MAKE IT A CLASS E FELON IF YOU DIDN'T
KNOW WHAT'S COMMONLY DISPLAYED OR COMMONLY USED OR ADEQUATELY
DISPLAYED.
AND SO, MY COLLEAGUES, WHEN WE'RE TALKING ABOUT
SERIOUS FELONIES, I THINK WE NEED TO BE EQUALLY SERIOUS ABOUT PROVIDING
CLEAR AND ADEQUATE GUIDANCE TO AVOID CRIMINAL PROSECUTION BY
SOMEBODY WHO BELIEVES THAT WHAT THEY'RE CARRYING WOULD BE
ADEQUATELY DISPLAYED ON DEVICES COMMONLY USED AT AIRPORTS. THANK
57
NYS ASSEMBLY MAY 20, 2019
YOU.
ACTING SPEAKER AUBRY: MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MR. ABINANTI: YEAH. YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. ABINANTI YIELDS,
SIR.
MR. REILLY: THANK YOU. SO, UNDER THIS LEGISLATION
IT WOULD BE A CLASS E FELONY?
MR. ABINANTI: POSSESSION IS A CLASS E FELONY;
MANUFACTURE IS A CLASS D FELONY.
MR. REILLY: OKAY. SO UNDER PENAL LAW 265, IF
YOU POSSESS A FIREARM WITH A DEFACED SERIAL NUMBER AT THIS MOMENT, IT'S
A CLASS D FELONY. THAT WOULDN'T BE ELIGIBLE FOR A DESK APPEARANCE
TICKET, BUT A CLASS E FELONY WITH THE PRIOR LEGISLATION THAT WE PASSED, IT
WOULD BE ELIGIBLE FOR A D-A-T; IS THAT CORRECT?
MR. ABINANTI: THAT MAY BE THE CASE UNDER THE
NEW STATUTE.
MR. REILLY: OKAY. SO, ONE QUESTION I HAVE IS THAT
IF YOU HAVE AN UNDETECTABLE FIREARM, CHANCES ARE YOU'RE -- YOU'RE
MOSTLY -- YOU'RE PROBABLY USING IT FOR SOMETHING IN THE LINES OF
TERRORISM, MAYBE BEING A HIT MAN OR A HIT WOMAN, BECAUSE WE WANT TO
MAKE SURE WE GIVE EVERYBODY EQUAL DESIGNATION, THE -- IF THEY'RE USING
THAT INTENT, I THINK WE SHOULD MAKE SURE THAT THEY'RE NOT GIVEN A D-A-T
AND THEY GO THROUGH THE SYSTEM, THROUGH THE CRIMINAL JUSTICE SYSTEM,
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NYS ASSEMBLY MAY 20, 2019
AND APPEAR FOR ARRAIGNMENT, NOT GIVEN THAT DESK APPEARANCE TICKET. IS
THERE ANY WAY THAT WE CAN AMEND THIS BILL TO MAKE SURE THAT POSSESSING
IT, BECAUSE WE KNOW THAT THAT CLEAR INTENT OF HAVING A FIREARM LIKE THAT
MEANS THAT YOU PROBABLY HAVE A NEXUS TO SOMETHING MORE SEVERE, LIKE
TERRORISM. SO, IS THERE A POSSIBILITY THAT WE CAN AMEND THAT?
MR. ABINANTI: WHEN WE TOOK A LOOK AT THE
CURRENT STATUTE, WE TRIED TO MATCH THE OTHER SECTIONS AND THE -- AND THE
PENALTIES AND THE CLASS OF -- YEAH, THERE IT IS. WE TRIED TO MATCH
PRESENT PENAL LAW. AND SO, IT APPEARED TO FIT IN THE WAY WE SET UP THE
D AND E FELONY. IT'S ALSO COMPARABLE TO THE WAY THE FEDERAL
GOVERNMENT CLASSIFIES IT. THAT'S WHY WE CAME TO THE -- THE BILL AS WE
HAVE IT. IF YOU'D LIKE TO DISCUSS AFTERWARDS PERHAPS INCREASING THE
PENALTIES, I'D BE GLAD TO TALK TO YOU ABOUT IT. BUT I THINK THAT'S A
DIFFERENT PIECE OF LEGISLATION.
MR. REILLY: WELL, THE REASON WHY I ASK IS BECAUSE
IF WE'RE TREATING AN UNDETECTABLE FIREARM LESS SEVERELY THAN A FIREARM
THAT CAN BE DETECTED, BUT THE SERIAL NUMBER HAS BEEN DEFACED BECAUSE
OUR TECHNOLOGY HAS NOW INCREASED, I THINK WE'RE GOING DOWN THE
WRONG PATH. I THINK THAT IT WOULD BE A GOOD TIME TO HAVE THAT
DISCUSSION NOW BECAUSE WE'RE GOING TO BE PUTTING, AS I'VE MENTIONED
OVER THE PAST FEW MONTHS THAT I'VE BEEN HERE, WHAT WE DO ON PAPER
HERE TRANSLATES TO THE STREET MUCH DIFFERENTLY. AND I WOULD HOPE THAT
WE CAN HAVE THAT DISCUSSION BEFORE WE HAVE TO COME BACK TO IT. I'M
JUST WORRIED THAT -- AND, YOU KNOW, PLEASE CORRECT ME IF I'M WRONG, BUT
I WOULD THINK THAT HAVING AN UNDETECTABLE FIREARM IS SOMETHING THAT WE
59
NYS ASSEMBLY MAY 20, 2019
SHOULD BE HARSH ON AND MAKING SURE THAT WE MAKE SURE THAT THE
PENALTY, OR I SHOULD SAY THE PROCESSING OF THE ARREST, ISN'T JUST DONE IN
TWO HOURS AND THE PERSON WALKS AWAY AND WE DON'T HAVE ENOUGH TIME
FOR DETECTIVES TO INVESTIGATE, WE DON'T HAVE TIME TO NOTIFY MAYBE THE
JOINT TERRORISM TASK FORCE BECAUSE IT'S A CLASS E FELONY.
MR. ABINANTI: I -- I THINK THAT WAS A QUESTION, BUT
I APPRECIATE YOUR SUPPORT FOR THE CONCEPT OF THE BILL.
MR. REILLY: IT IS -- IT IS A QUESTION, I'M SORRY. CAN
WE AMEND -- CAN WE AMEND THIS LEGISLATION TO ENSURE THAT THE ARREST IS
-- IS PROCESSED THE WAY IT SHOULD BE, BECAUSE THE GRAVITY OF HAVING A
[SIC] UNDETECTABLE FIREARM IS REALLY SOMETHING THAT JEOPARDIZES THE
PUBLIC?
MR. ABINANTI: LIKE I SAID, I APPRECIATE YOUR
SUPPORT FOR THE CONCEPT. NOW WE'RE JUST QUIBBLING OVER WHAT DEGREE IT
SHOULD BE. I THINK WE HAVE SET UP A -- A SCHEME THAT MAKES SENSE FOR
THE FIRST TIME WE PUT IT INTO THE STATUTE. AS I SAID, IT'S COMPARABLE TO
WHAT THE FEDS DO, IT'S ALSO COMPARABLE TO OTHER PARTS OF OUR PENAL LAW
WHEN WE TAKE A LOOK AT THE DIFFERENT SECTIONS, HOW WE TREAT EACH ONE.
SO, I -- I THINK IT'S MORE IMPORTANT THAT WE PASS IT THE WAY IT IS AT THIS
POINT AND IF FOR SOME REASON WE NEED TO INCREASE THE PENALTIES IN THE
FUTURE, BECAUSE WE -- THEY FIND THAT, AFTER EXPERIENCE THAT THEY'RE NOT
SUFFICIENT, THEN I'D BE GLAD TO WORK WITH YOU TO -- TO MAKE THAT
AMENDMENT.
MR. REILLY: THANK YOU, SIR.
ON THE BILL, PLEASE.
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NYS ASSEMBLY MAY 20, 2019
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. REILLY: SEE, THAT'S MY FRUSTRATION, THAT WE'RE
GOING TO RUSH SOMETHING THROUGH AND PASS IT OR VOTE IT DOWN. THIS IS
SOMETHING THAT I THINK IF WE ACTUALLY TOOK OUR TIME AND GOT IT RIGHT AND
MADE SURE THAT WE PROCESS IT AS THE WAY IT SHOULD BE AS A SERIOUS CRIME
AND HAVE THE INVESTIGATION DONE TO THE POINT WHERE WE GIVE LAW
ENFORCEMENT THE OPPORTUNITY TO MAKE SURE THAT IF THERE IS A TERRORIST
NEXUS INVOLVED, WE DON'T LET THEM OUT THE DOOR IN TWO TO THREE HOURS
WITH A DESK APPEARANCE TICKET, BECAUSE THAT'S WHAT WE'RE GOING TO DO IF
WE JUST MAKE IT A CLASS E FELONY, JUST LIKE YEARS AGO WHEN THE PENAL
LAW WAS AMENDED FOR A FIREARM WITHOUT A SERIAL NUMBER WHEN IT WAS
DEFACED, TECHNOLOGY EVOLVED AND WE MADE SURE -- WELL, THE PRIOR
LEGISLATORS WELL BEFORE ME MADE SURE THAT THEY MADE IT A D FELONY
BECAUSE IT WAS MORE SEVERE. WE HAVE THE OPPORTUNITY HERE TODAY TO
SAY, LISTEN, STOP, LET'S GET THIS RIGHT. LET'S MAKE IT THAT D FELONY SO THAT
IT CAN BE PROCESSED AND WE CAN MAKE SURE THAT WE TRULY PROTECT PUBLIC
SAFETY. THANK YOU.
ACTING SPEAKER AUBRY: READ -- READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. ABINANTI TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY MAY 20, 2019
MR. ABINANTI: THANK YOU, MR. SPEAKER. FIRST, I'D
LIKE TO THANK THE -- THE SPEAKER FOR BRINGING THIS BILL FORWARD AND THE
COMMITTEE THAT WORKED ON THE BILL. I'D ALSO LIKE TO THANK THE STAFF WHO
WORKED FOR A LONG TIME ON THIS VERY SIMPLE, STRAIGHTFORWARD BILL. THEY
WORKED WITH THE SENATE TO RESOLVE SOME DIFFERENCES BETWEEN THE TWO
BILLS AND THAT'S WHAT'S PRODUCED A -- A BILL THAT WAS PASSED -- WILL BE
PASSED BY BOTH HOUSES.
THIS IS A VERY SIMPLE BILL. IT BASICALLY SAYS THAT A -- AN
UNDETECTABLE FIREARM HAS NO LAWFUL PURPOSE EXCEPT TO AVOID DETECTION
AND BRING IN A FIREARM TO A PLACE WHERE IT IS OTHERWISE PROHIBITED.
VERY SIMPLE, VERY STRAIGHTFORWARD. WE'RE PASSING THIS LEGISLATION
TODAY TO EMPOWER OUR STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO
BETTER DO THEIR JOBS AND TO PROTECT THE PUBLIC. THE ISSUE THAT WAS RAISED
BY MY COLLEAGUE A MOMENT AGO IS REALLY JUST A BAIL ISSUE. WE'VE
ALREADY DEALT WITH THAT ISSUE IN THE PAST, AND I'M SURE IN THE FUTURE WE'LL
BE REVIEWING HOW THE BAIL REFORM THAT WE PASSED IS WORKING AND IF
THERE IS A PROBLEM WITH THE WAY THIS BILL IS BEING TREATED, WE CAN DEAL
WITH IT AT THAT TIME. BUT THAT'S THE APPROPRIATE TIME TO DISCUSS WHAT THE
PENALTY SHOULD BE. RIGHT NOW, WE HAVE TRIED TO MATCH THE
REQUIREMENTS OF THIS BILL WITH THE EXISTING SECTIONS OF THE PENAL LAW.
SO, THEREFORE, I URGE AN AFFIRMATIVE VOTE ON THIS LEGISLATION.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY MAY 20, 2019
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. OTIS FOR THE
PURPOSES OF A [SIC] ANNOUNCEMENT.
MR. OTIS: IT IS MY PLEASURE TO ANNOUNCE THAT THERE
WILL BE A MAJORITY CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM
UPON THE CONCLUSION OF SESSION THIS EVENING.
ACTING SPEAKER AUBRY: DEMOCRATIC
CONFERENCE IMMEDIATELY FOLLOWING SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: CERTAINLY.
HOUSEKEEPING.
ON BEHALF OF MR. GOTTFRIED, BILL NO. A03076,
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE PUBLIC HEALTH
LAW AND THE INSURANCE LAW.
ACTING SPEAKER AUBRY: THERE IS A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY MAY 20, 2019
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND RESTORED TO ITS ORDER
ON THIRD READING.
MRS. PEOPLES-STOKES, WE HAVE RESOLUTIONS, WE'LL TAKE
THEM UP WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY
BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 421-424
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 2:00 P.M. TUESDAY,
MAY THE 21ST, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 6:01 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, MAY 21ST AT 2:00 P.M., TUESDAY BEING A
SESSION DAY.)
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