TUESDAY, MAY 21, 2019 2:56 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 20TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MAY 21, 2019

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY 20TH

AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IN HONOR OF THE FACT THAT WE CELEBRATED HAITIAN UNITY DAY ON

YESTERDAY, I WOULD LIKE TO WAIVE THE FLOOR TODAY TO MEMBER RODNEYSE

BICHOTTE TO PROVIDE FOR US A HAITIAN PROVERB.

ACTING SPEAKER AUBRY: MS. BICHOTTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER. A

HAITIAN PROVERB: (SPEAKING FOREIGN LANGUAGE). AND WHAT THAT MEANS

IS WHEN WE PUT OUR HANDS TOGETHER, WE LIFT THE BURDEN OFF OUR

SHOULDERS. SO WITH UNITY, THERE'S STRENGTH. THANK YOU.

MRS. PEOPLES-STOKES: THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MEMBERS SHOULD KNOW THAT ON THEIR DESKS THERE IS A

MAIN CALENDAR. AFTER INTRODUCTIONS AND HOUSEKEEPING, AND THERE ARE

MANY INTRODUCTIONS, MR. SPEAKER, WE WILL CONTINUE ON CONSENT WITH

NEW BILLS ON THE CALENDAR, BEGINNING WITH CALENDAR NO. 343, IT'S ON

PAGE 26. AND WE WILL ALSO TAKE UP SOME BILLS ON DEBATE FROM THE MAIN

CALENDAR. THE FOLLOWING COMMITTEES WILL NEED TO MEET: WAYS AND

MEANS AND RULES. THESE COMMITTEES WILL PRODUCE AN A-CALENDAR OF

NYS ASSEMBLY MAY 21, 2019

WHICH WE WILL TAKE UP A RULES REPORT NO. 62 BY MR. LENTOL.

MEMBERS OF THE TOURISM COMMITTEE SHOULD EXPECT TO BE CALLED FOR A

MEETING OFF THE FLOOR, AS WELL.

SO THAT'S A GENERAL OUTLINE, MR. SPEAKER. NOW IS THE

APPROPRIATE TIME FOR INTRODUCTIONS AND HOUSEKEEPING.

ACTING SPEAKER AUBRY: HOUSEKEEPING FIRST,

MRS. PEOPLES-STOKES.

ON A MOTION BY MR. GOTTFRIED, PAGE 25, CALENDAR NO.

338, BILL NO. A03076, AMENDMENTS ARE RECEIVED AND ADOPTED.

PURPOSES OF A [SIC] INTRODUCTION, MR. DENDEKKER.

MR. DENDEKKER: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN

INTRODUCTION. TODAY, AS YOU MAY KNOW, IS THE DAY THAT WE HAVE THE

ONE AND ONLY LEXINGTON SCHOOL FOR THE DEAF WITH US TODAY. THEY

COME UP EACH AND EVERY YEAR AND PLAY THE NEW YORK STATE ASSEMBLY

AND THE NEW YORK STATE SENATE MEMBERS IN A TRADITIONAL BASKETBALL

GAME. FOR THE LAST THREE YEARS, THE LEGISLATURE HAS BEEN LUCKY ENOUGH

TO BE ABLE TO WIN AND BEAT THESE POOR, POOR CHILDREN OUT OF THEIR BIG,

BIG TROPHY THAT WE WALK AROUND THE CAPITOL WITH. BUT THEY ARE

DESTINED ONCE AGAIN TO TRY TO TAKE IT BACK TO JACKSON HEIGHTS TO THEIR

SCHOOL. AND WE ARE LOOKING FOR A VERY COMPETITIVE GAME TONIGHT. WE

HOPE THAT EACH AND EVERY ONE OF YOU WILL JOIN US TODAY AT THE

BASKETBALL GAME UNDER THE LEADERSHIP OF OUR GREAT COACH, THE ONE AND

ONLY JEFF AUBRY. AND WITH THAT I ASK, MR. SPEAKER, THAT YOU PLEASE

GIVE THE SCHOOL AND ALL OF THEIR STUDENTS AND AS WELL AS THEIR TRANSLATORS

NYS ASSEMBLY MAY 21, 2019

AND -- AND SCHOOL OFFICIALS THE CORDIALITIES OF THE HOUSE AND WELCOME

THEM HERE TO ALBANY AGAIN.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DENDEKKER, THE SPEAKER, MYSELF, THE QUEENS DELEGATION AND

ALL THE MEMBERS OF THE ASSEMBLY, WE WELCOME YOU HERE TO THE NEW

YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.

WE CERTAINLY WISH YOU WELL IN TONIGHT'S ENDEAVOR. I WON'T BE ROOTING

FOR YOU TONIGHT, HOWEVER, BUT WE ARE PLEASED THAT YOU HAVE COME.

THIS ON MY MEMORY SOMETHING LIKE 20-PLUS YEARS THAT THE LEXINGTON

SCHOOL FOR THE DEAF HAS JOINED US HERE IN ALBANY. WE APPRECIATE THE

STUDENTS AND THE COMRADERY AND THE FACT THAT YOU COME AND SHARE THIS

OPPORTUNITY WITH US. WE WISH YOU WELL AND THAT YOUR INSTITUTION

CONTINUES TO GROW AND THRIVE. THANK YOU SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

FOR THE PURPOSE OF AN INTRODUCTION MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER. WE KNOW

THAT FREEDOM IS NOT FREE, SO EVERY DAY WE HAVE TO THANK OUR VETERANS

FOR PRESERVING THAT RIGHT IN OUR FREEDOMS. AND SO, I RISE TO INTRODUCE

PATRICK -- SERGEANT PATRICK YNGSTROM, WHO ENTERED THE RANKS OF THE

UNITED STATES ARMY IN 1970. HE SERVED UNTIL 1973. HE WAS DEPLOYED

TO VIETNAM TO 1970 TO 1971. WHILE HE WAS SERVING, HE EARNED A

BRONZE STAR WITH A "V" DEVICE AND AN ARMY COMMEMORATIVE MEDAL.

HE'S SERVED IN MANY CAPACITIES IN NASSAU COUNTY, INCLUDING FORMER

DIRECTOR OF THE NASSAU COUNTY VETERANS' SERVICE AGENCY. HE'S BEEN A

LEADER IN THE COMMUNITY, WHETHER IT'S LEADING THE VFW OR THE

NYS ASSEMBLY MAY 21, 2019

AMERICAN LEGION. HE HAS ALWAYS GIVEN BACK TO HIS COMMUNITY. AND

SO, WE EXTEND THIS APPRECIATION. HE'S ALSO JOINED BY DAN WHO HAPPENS

TO BE THE LEGISLATIVE ASSISTANT TO NASSAU COUNTY LEGISLATOR CARRIÉ

SOLAGES, WHO IS MY BROTHER. AND SO, PLEASE EXTEND THE CORDIALITIES OF

THE HOUSE AND WELCOME AND THANK THIS FINE GENTLEMAN.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SOLAGES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

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

PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE GREAT PUBLIC SERVICE THAT YOU

ARE PROVIDING NOW AND THE FACT THAT YOU HAVE PROVIDED SAFETY FOR THE

REST OF THIS NATION. THANK YOU SO VERY MUCH. CONTINUE YOUR GOOD LIFE.

WE APPRECIATE YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR AN ANNOUNCEMENT.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD CALL THE MEMBERS OF THE WAYS AND MEANS

COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM FOR AN IMMEDIATE

MEETING.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE. THANK YOU.

ACTING SPEAKER AUBRY: MR. BLAKE FOR A [SIC]

INTRODUCTION.

MR. BLAKE: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO SPEAK AT THIS TIME AND INTERRUPT OUR PROCEEDINGS. I HAVE GREAT

JOY TO, ONCE AGAIN AS WE DO EACH YEAR, TO INVITE AND INTRODUCE TO THE

NYS ASSEMBLY MAY 21, 2019

FLOOR NEW LEADERS COUNCIL, AND SPECIFICALLY THOSE FROM OUR CAPITAL

DISTRICT IN THIS CHAPTER WHICH WAS FOUNDED IN 2014. COLLEAGUES, THIS

IS AN ORGANIZATION THAT I HAVE LEARNED ABOUT AND BECOME VERY INVOLVED

IN OVER THE YEARS. I'M ONE OF THE NATIONAL CO-CHAIRS. WE HAVE NOW

TRAINED MORE THAN 8,000 MILLENNIALS ACROSS THE COUNTRY TO GET INVOLVED

IN PROGRESSIVE POLICIES AND POLITICS IN MANY DIFFERENT MANNERS.

JUST TO UNDERSCORE THE IMPORTANCE OF THIS, NATIONALLY

OUR LATEST CLASS OF FELLOWS WAS 61 PERCENT WOMEN AND 63 PERCENT

PEOPLE OF COLOR, OF YOUNG PEOPLE THAT WANT TO GET INVOLVED AND

UNDERSTAND WHAT'S HAPPENING HERE; TRAINED OVER 100 LOCAL LEADERS THAT

HAVE GOTTEN INVOLVED IN MANY DIFFERENT COMMUNITIES HERE THAT WE'RE

EXCITED ABOUT. SO, TO LAUREN AND LYNDON AND TABATHA AND MEGAN AND

ZAKAR AND JASON AND CATHERINE AND MICHAELLE AND ANGELICA AND RENEE

AND THE ENTIRE TEAM, WE ARE GRATEFUL THAT THEY'RE HERE ON TODAY. WE'VE

INVITED THEM BEFORE AND THEY'RE SHOWING WHAT CAN BE POSSIBLE IN THE

CAPITAL REGION.

SO, MR. SPEAKER AND COLLEAGUES, I ASK THAT WE EXTEND

THE CORDIALITIES OF THE HOUSE TO NEW LEADERS COUNCIL, OUR CAPITAL

DISTRICT REGION.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

MEMBERS OF THE NEW LEADERSHIP [SIC] COUNCIL HERE TO THE NEW YORK

STATE ASSEMBLY, TO THE PEOPLE'S HOUSE. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR, APPRECIATE THAT YOU HAVE COME AND SHARED THIS

DAY WITH US AND CONTINUE THE GREAT WORK THAT YOU'RE DOING. THANK YOU

NYS ASSEMBLY MAY 21, 2019

SO VERY MUCH.

(APPLAUSE)

MS. WALSH.

MS. WALSH: SORRY ABOUT THAT. THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR AN

INTRODUCTION. TODAY, I'M VERY PLEASED TO WELCOME MEMBERS OF THE

CLIFTON PARK HALFMOON EMERGENCY CORPS, INCLUDING PARAMEDIC CAITLIN

OVERHOLT; PARAMEDIC PATRICK LURENZ; EMT TYRONE MITCHELL;

PARAMEDIC GINA WIERZBOWSKI; EXECUTIVE DIRECTOR AND PARAMEDIC

ALAN BELL, AND DEPUTY DIRECTOR OF OPERATIONS PATRICK BORNT. THESE

FIRST RESPONDERS ARE IN ALBANY TODAY FOR THE EMS MEMORIAL

DEDICATION CEREMONY THAT TOOK PLACE EARLIER THIS MORNING. AND,

ADDITIONALLY, I'VE INVITED THEM TO THE CHAMBER TODAY IN CELEBRATION OF

THE 45TH ANNUAL NATIONAL EMS WEEK. IN 1974, PRESIDENT GERALD FORD

AUTHORIZES EMS WEEK TO CELEBRATE EMS PRACTITIONERS AND THE

IMPORTANT WORK THAT THEY DO IN OUR NATION'S COMMUNITIES. EVER SINCE

ITS ADOPTION, EMS WEEK HAS BROUGHT TOGETHER LOCAL COMMUNITIES AND

MEDICAL PERSONNEL TO HONOR THE DEDICATION OF THOSE WHO PROVIDE THE

DAY-TO-DAY LIFE-SAVING SERVICES OF MEDICINES' FIRST RESPONDERS.

CLIFTON PARK AND HALFMOON EMERGENCY CORPS IS A

NOT-FOR-PROFIT COMMUNITY-BASED PROVIDER OF PARAMEDIC-CERTIFIED

EMERGENCY MEDICAL TRANSPORTATION AND EDUCATIONAL OUTREACH TO THE

RESIDENTS OF THE TOWNS OF CLIFTON PARK AND HALFMOON AND THE CITY OF

MECHANICVILLE AND HEMSTREET PARK IN UPSTATE NEW YORK IN MY

DISTRICT. THE 112TH ASSEMBLY DISTRICT IS EXTREMELY FORTUNATE TO HAVE

NYS ASSEMBLY MAY 21, 2019

SUCH AN EXPERIENCED AND PROFESSIONAL ORGANIZATION TO PROVIDE

EXEMPLARY SERVICE TO OUR COMMUNITY. I THANK EACH AND EVERY ONE OF

THEM AND ALL OF THE FIRST RESPONDERS WHO DEDICATE THEMSELVES TO

PROTECTING OTHERS, AND I ASK THAT YOU PLEASE EXTEND TO THEM A WARM

WELCOME AND THE CORDIALITIES OF THIS HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. WALSH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY, COMMEND YOU ON THE WORK THAT YOU

DO TO PROTECT LIVES IN YOUR COMMUNITY. PLEASE CONTINUE THAT WORK.

YOU ARE AFFORDED THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU HAVE HAD AN

ENJOYABLE DAY HERE IN THE CAPITOL. THANK YOU SO VERY MUCH.

(APPLAUSE)

FOR THE PURPOSE OF A [SIC] INTRODUCTION, MR. BYRNE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I RISE TODAY

TO INTRODUCE SOME CONSTITUENTS FROM MY DISTRICT WHO ARE HERE FOR A

VERY SPECIAL OCCASION, AS TWO OF THEM ARE BEING HONORED IN THE NEW

YORK STATE SENATE'S VETERAN HALL OF FAME. THESE ALSO HAPPEN TO BE

DEAR FRIENDS OF MINE, I'VE KNOWN THEM FOR MANY YEARS. WE HAVE RYAN

LEPORE, WHO IS A PRIVATE FIRST CLASS IN THE U.S. ARMY, ALSO ONE OF THE

YOUNGEST COMMANDERS IN THE VFW FROM POST 391 IN PUTNAM VALLEY,

WITH HIS GIRLFRIEND, KRISTINA LONGATANNO, AS WELL AS HIS BROTHER,

RICHARD LEPORE, WHO IS ALSO A CAPTAIN IN THE U.S. ARMY, BOTH OF THEM

SERVING IN IRAQ. I ALSO HAPPEN TO HAVE ONE OF OUR -- OUR DEAR FRIENDS IN

PUTNAM COUNTY GOVERNMENT WHO SERVES OUR VETERANS THROUGH THE

JOSEPH P. DWYER PROGRAM. A LOT OF US HAVE TALKED ABOUT THAT THIS

NYS ASSEMBLY MAY 21, 2019

YEAR. ART HANLEY AND HIS LOVELY WIFE, PAM, ARE HERE THIS EVENING AS

ART HAS ALSO BEEN HONORED IN THE VETERANS HALL OF FAME; RYAN BY

SENATOR SUE SERINO, AND ART HANLEY BY SENATOR PETE HARCKHAM. ART'S

HERE WITH HIS WIFE, PAM, AS I SAID BEFORE, AND ART SERVED IN THE

VIETNAM WAR. SO IF YOU COULD PLEASE EXTEND THE CORDIALITIES OF THE

HOUSE AND GIVE THEM A GREAT BIG ALBANY WELCOME. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMEMBER BYRNE, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS DISTINGUISHED GROUP HERE TO THE NEW YORK STATE

ASSEMBLY, SPECIFICALLY THOSE OF YOU WHO HAVE SERVED TO PROTECT OUR

COUNTRY. WE CERTAINLY THANK YOU FOR THAT SERVICE AND HONOR YOU FOR THE

WORK THAT YOU'VE DONE IN YOUR LIVES TO HELP OTHER LIVES. THANK YOU SO

VERY MUCH AND, FAMILY MEMBERS, WE'RE ALWAYS PLEASED TO HAVE YOU.

THANK YOU.

(APPLAUSE)

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

MR. BRONSON: THANK YOU, MR. SPEAKER. I RISE

TODAY TO HONOR A VERY SPECIAL PERSON. AS MANY OF YOU MAY KNOW,

STARTING IN 1963 PRESIDENT JOHN F. KENNEDY DECLARED THE MONTH OF

MAY TO BE KNOWN AS NATIONAL OLDER WORKERS MONTH. AND WE

RECOGNIZE THE WORK AND CONTRIBUTIONS AND DIVERSITY OF OUR OLDER ADULTS

EACH YEAR DURING MAY, AND HERE IN NEW YORK STATE WE DO SOMETHING

VERY SPECIAL. WE ALSO ASK ALL OF THE COUNTIES TO NOMINATE PARTICULAR

INDIVIDUALS TO BE THEIR OLDER NEW YORKER AND THEN IN THE ASSEMBLY,

THE SENATE AND THE GOVERNOR'S OFFICE, EACH OF US SELECT AN AWARDEE.

NYS ASSEMBLY MAY 21, 2019

I'M PROUD TO RECOGNIZE JOANN PRINZIVALLI AS THE ASSEMBLY'S OLDER NEW

YORKER OF THE YEAR.

JOANN HAS WORKED FOR OVER TWO DECADES AND HAS GIVEN

TIRELESSLY OF HER TIME AND ENERGIES TO ENSURE ALL PEOPLE ARE TREATED WITH

DIGNITY. JOANN WAS INVOLVED IN THE EARLY DAYS IN FACILITATING THE

DRAFTING AND MOVING FORWARD GENDA, THE GENDER EXPRESSION

NON-DISCRIMINATION ACT, AND CONTINUED TO SEE THAT WORK THROUGH UNTIL

WE PASSED IT EARLIER THIS YEAR. SHE HAS ALSO DEDICATED HERSELF TO THE

LOFT LQBT COMMUNITY CENTER, WHERE SHE HAS SERVED AS FACILITATOR

AND CO-FOUNDER OF ITS TRANSGENDER PEER SUPPORT GROUP, FACILITATOR OF

ITS WOMEN'S GROUP, AND STARTED THE GROUP'S FIRST TRANSGENDER DAY OF

REMEMBRANCE CEREMONY IN 2003, AND HELPED THE ORGANIZATION

PROVIDE LGBT AND TRANS 101 TRAININGS IN THE GREATER COMMUNITY.

IN ADDITION TO HER WORK WITH THE LOFT, JOANN

PROVIDES PRO BONO LEGAL ASSISTANCE TO THE TRANSGENDER COMMUNITY, HAS

BEEN A MEMBER OF THE WESTCHESTER COUNTY LGBT ADVISORY BOARD

SINCE ITS INCEPTION IN 2002, AND IS THE FOUNDER AND STATE DIRECTOR OF

THE NEW YORK TRANSGENDER RIGHTS ORGANIZATION, WHICH IS DEDICATED TO

GRASSROOTS TRANSGENDER ACTIVISM.

MR. SPEAKER, I ASK THAT YOU EXTEND THE COURTESIES OF

THE HOUSE TO JOANN AS A PERSON WHO HAS PROMOTED DIVERSITY, HAS SEEN

EACH HUMAN BEING WITH DIGNITY, AND MADE SURE THAT ALL OF US HAVE WHAT

WE DESERVE WITH THAT DIGNITY, FULL EQUALITY, JUSTICE AND AN OPPORTUNITY

TO SUCCEED. PLEASE EXTEND THE COURTESY OF THE HOUSE TO JOANN.

ACTING SPEAKER PICHARDO: CERTAINLY. ON

NYS ASSEMBLY MAY 21, 2019

BEHALF OF MR. BRONSON, THE SPEAKER AND ALL THE MEMBERS, JOANN, WE

WELCOME YOU, BUT, MORE IMPORTANTLY, WE THANK YOU FOR YOUR ADVOCACY,

YOUR LEADERSHIP IN MAKING SURE THAT NEW YORK IS AN INCLUSIVE STATE FOR

ALL. SO, AGAIN, YOU'RE EXTENDED THE PRIVILEGES OF THE HOUSE AND THE

FLOOR, WE APPRECIATE YOU BEING HERE. I HOPE THAT YOU ENJOY THE

PROCEEDINGS HERE TODAY, BUT, MORE IMPORTANTLY, THANK YOU FOR YOUR

WORK AND THANK YOU FOR YOUR SERVICE.

(APPLAUSE)

MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT IS MY GREAT HONOR AND PLEASURE TO INTRODUCE AN INDIVIDUAL

WHO HAS PLAYED A LARGE AND IMPORTANT ROLE FOR MANY YEARS IN NEW

YORK STATE, AND THAT'S THE CURRENT CHAIRMAN OF THE REPUBLICAN PARTY,

ED COX. MANY OF YOU KNOW THAT HE HIT THE NATIONAL STAGE WHEN HE

BECAME THE SON-IN-LAW OF PRESIDENT NIXON AND HAD HIS WEDDING IN THE

WHITE HOUSE. IT'S NOT AVAILABLE FOR ALL OF US FOR A WEDDING, BUT HE

CERTAINLY SCORED AN OPPORTUNITY THERE THAT WAS MEANINGFUL. VERY

ACTIVE ALL ACROSS NEW YORK STATE TRYING TO IMPROVE THE LIVES OF ALL

NEW YORKERS. WHILE NOT EVERYONE IN THIS ROOM MIGHT AGREE WITH HIM,

THEY SHOULD --

(LAUGHTER)

-- BUT IN THE MEANTIME, I THINK ALL OF US APPRECIATE THE

EFFORTS HE'S DONE TO TRY TO MAKE NEW YORK STATE AS BEST AS IT CAN BE FOR

ALL OF US, ALL FROM ONE SIDE OF THE STATE TO THE OTHER. SO, IF YOU WOULD

KINDLY WELCOME MR. EDWARD COX AND GIVE HIM THE CORDIALITIES OF THE

NYS ASSEMBLY MAY 21, 2019

HOUSE.

ACTING SPEAKER PICHARDO: CERTAINLY. ON

BEHALF OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, MR.

CHAIRMAN, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.

WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. I SPEAK FOR ALL OF US THAT

REGARDLESS OF YOUR POLITICAL AFFILIATION, WE ARE HERE FOR ONE GOAL, IS TO

MAKE THE LIVES OF ALL NEW YORKERS BETTER. SO, THANK YOU SO MUCH FOR

YOUR SERVICE AND YOUR LEADERSHIP, BUT, MORE IMPORTANTLY, YOU'RE ALWAYS

EXTEND THE PRIVILEGES OF THE FLOOR AND WELCOME AND THANK YOU FOR YOUR

SERVICE.

(APPLAUSE)

(PAUSE)

RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 425, MS.

SOLAGES. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MAY 17, 2019 AS NECROTIZING ENTEROCOLITIS

AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER PICHARDO: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 426, MR.

BRONSON. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MAY 21, 2019 AS OLDER NEW YORKERS DAY IN THE

STATE OF NEW YORK.

ACTING SPEAKER PICHARDO: ALL THOSE IN FAVOR

NYS ASSEMBLY MAY 21, 2019

OF THE RESOLUTION SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE RESOLUTION

IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 427, MR.

DENDEKKER. LEGISLATIVE RESOLUTION HONORING THE LEXINGTON SCHOOL

FOR THE DEAF UPON THE OCCASION OF HOSTING THE 23RD ANNUAL ESTHER

LUSTIG MEMORIAL BASKETBALL CLASSIC VS. ASSEMBLY/SENATE ALL-STARS ON

TUESDAY, MAY 21, 2019.

ACTING SPEAKER PICHARDO: ALL THOSE IN FAVOR

OF THE RESOLUTION SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE RESOLUTION

IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 428, MR.

BRABENEC. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

M. CUOMO TO PROCLAIM MAY 19-25, 2019 AS EMERGENCY MEDICAL

SERVICES WEEK IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE

OBSERVANCE OF NATIONAL EMS WEEK.

ACTING SPEAKER PICHARDO: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 429, MS.

FERNANDEZ. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

M. CUOMO TO PROCLAIM JULY 20, 2019 AS COLOMBIAN HERITAGE DAY IN

THE STATE OF NEW YORK, ON THE 209TH ANNIVERSARY OF COLOMBIAN

INDEPENDENCE.

ACTING SPEAKER PICHARDO: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE

NYS ASSEMBLY MAY 21, 2019

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 430, MS.

RAYNOR. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM JULY 2019 AS MINORITY MENTAL HEALTH MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER PICHARDO: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE

RESOLUTION IS ADOPTED.

(PAUSE)

MRS. PEOPLES-STOKES.

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

CONTINUE OUR WORK ON PAGE 26, WE'RE GOING TO TAKE UP CALENDAR NO.

343.

ACTING SPEAKER PICHARDO: THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A04420, CALENDAR NO.

343, ZEBROWSKI, M.G. MILLER. AN ACT TO AMEND THE REAL PROPERTY TAX

LAW, IN RELATION TO EXPANDING THE LENGTH OF TIME TO PAY DELINQUENT

TAXES IN INSTALLMENTS TO THIRTY-SIX MONTHS.

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.)

NYS ASSEMBLY MAY 21, 2019

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: FIRST VOTE OF THE DAY.

THIS IS OUR FIRST VOTE OF TODAY AND I'M ASKING COLLEAGUES WHO ARE IN THE

CHAMBERS OR AROUND THE CHAMBERS TO PLEASE COME IN AND CAST YOUR

VOTE. FIRST VOTE OF THE DAY.

ACTING SPEAKER PICHARDO: FIRST VOTE OF THE

DAY, LADIES AND GENTLEMEN. PLEASE, IF YOU ARE NEAR AND AROUND YOUR

SEATS OR NEAR THE CHAMBER, COME IN AND PLEASE CAST YOUR VOTES. THANK

YOU SO VERY MUCH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR A VERY

IMPORTANT INTRODUCTION. MR. SPEAKER --

ACTING SPEAKER PICHARDO: I'M SORRY. ONE

SECOND.

MRS. PEOPLES-STOKES: -- IN OUR CHAMBERS, MR.

SPEAKER, IS THE NEW YORK STATE ATTORNEY GENERAL. SHE IS SO BELOVED,

YOU SEE, SHE'S SURROUNDED BY OUR MEMBERS PROVIDING HER WELL WISHES

AND GREETING HER IN OUR CHAMBERS. BUT IF YOU COULD, MR. SPEAKER,

EXTEND TO LETITIA JAMES, THE FIRST AFRICAN-AMERICAN WOMAN TO BE THE

ATTORNEY GENERAL FOR THE GREAT STATE OF NEW YORK, THE CORDIALITIES OF

OUR FLOOR AND THE GREETINGS OF OUR HOUSE, IT WOULD BE GREATLY -- MUCH

APPRECIATED.

NYS ASSEMBLY MAY 21, 2019

ACTING SPEAKER PICHARDO: I WILL DO MY BEST.

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

TISH, YOU'RE ALWAYS WELCOME HERE. TO THE ATTORNEY GENERAL, TO A

TRAILBLAZER IN MANY, MANY ASPECTS, BUT, MORE IMPORTANTLY, AS A FATHER OF

A YOUNG WOMAN OF COLOR, THANK YOU FOR EVERYTHING THAT YOU HAVE DONE.

THANK YOU FOR THE TRAIL THAT YOU HAVE BLAZED FOR ALL YOUNG GIRLS ACROSS

THE STATE, BUT, MORE IMPORTANTLY, THANK YOU FOR HOLDING AND UPHOLDING

THE LAWS THAT CALL THIS -- THAT MAKE THIS STATE SO GREAT. SO, AGAIN, TISH,

THANK YOU SO MUCH FOR YOUR SERVICE. THANK YOU SO MUCH FOR

EVERYTHING AND YOU'RE ALWAYS, ALWAYS WELCOME TO THE PEOPLE'S HOUSE.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04632, CALENDAR NO.

344, ENGLEBRIGHT, PERRY. AN ACT TO AMEND THE TAX LAW AND THE STATE

FINANCE LAW, IN RELATION TO ESTABLISHING A GIFT FOR HOME DELIVERED

MEALS FOR SENIORS ON THE BUSINESS FRANCHISE AND PERSONAL INCOME TAX

FORMS AND ESTABLISHING THE SENIOR WELLNESS IN NUTRITION FUND.

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.)

NYS ASSEMBLY MAY 21, 2019

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE CALL THE MEMBERS OF THE RULES COMMITTEE TO THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER PICHARDO: RULES

COMMITTEE, SPEAKER'S CONFERENCE ROOM. PLEASE, MEMBERS OF THE

RULES COMMITTEE, START MAKING YOUR WAY TOWARDS THE SPEAKER'S

CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04746, CALENDAR NO.

345, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

TO REQUIRING PRIVATE HOSPITALS TO PROVIDE NOTICE OF PROHIBITED

PROCEDURES TO PATIENTS.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04880, CALENDAR NO.

346, ROZIC, ABINANTI, BARRETT, BLAKE, BRONSON, BUCHWALD, DENDEKKER,

FAHY, GOTTFRIED, HUNTER, JOYNER, LIFTON, LUPARDO, MAGNARELLI, M. G.

MILLER, MOSLEY, OTIS, RYAN, SANTABARBARA, SEAWRIGHT, SCHIMMINGER,

SIMON, STECK, STIRPE, ZEBROWSKI, DE LA ROSA, D'URSO, CAHILL, ORTIZ,

WALLACE, DICKENS, VANEL, PHEFFER AMATO, WRIGHT, BARNWELL, PICHARDO,

CUSICK, GALEF, QUART, RICHARDSON, NIOU, KIM, BICHOTTE, O'DONNELL,

LAVINE, JEAN-PIERRE, DAVILA, COLTON, WOERNER, BRAUNSTEIN, LENTOL, L.

ROSENTHAL, WILLIAMS, CARROLL, DINOWITZ, SIMOTAS, PAULIN, PERRY,

NYS ASSEMBLY MAY 21, 2019

RODRIGUEZ, JAFFEE, JONES, WEPRIN, ARROYO, EPSTEIN, BARRON,

CYMBROWITZ, PEOPLES-STOKES, SOLAGES, BYRNE, FRIEND, MCDONOUGH,

MONTESANO, PALMESANO, RA, RAIA, WALSH, LAWRENCE, M. L. MILLER,

BRABENEC, EICHENSTEIN, JACOBSON, MCMAHON. AN ACT TO AMEND THE

TRANSPORTATION LAW, IN RELATION TO A STATE TRANSPORTATION PLAN.

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.)

MR. PALMESANO TO EXPLAIN HIS VOTE.

MR. PALMESANO: THANKS, MR. SPEAKER. I JUST

WANT TO COMMEND THE SPONSOR ON THIS LEGISLATION. THIS IS LONG

OVERDUE. FOR FAR TOO OFTEN, THE STATE DEPARTMENT OF TRANSPORTATION

SHOULD BE PROVIDING US A REPORT ON THE CONDITIONS AND -- AND STATUS OF

OUR ROADS AND NEEDS THAT ARE OUT THERE. I THINK THIS LEGISLATION WILL GO A

LONG WAY IN ENFORCING AND COMPELLING THE DOT TO MAKE SURE THEY'RE

PROVIDING US THE INFORMATION WE NEED SO SMART DECISIONS CAN BE MADE

TO FIX OUR LOCAL INFRASTRUCTURE AND OUR STATE INFRASTRUCTURE. SO, I JUST,

AGAIN, WANT TO COMMEND THE SPONSOR. THIS IS LONG OVERDUE. IT'S GOOD

LEGISLATION AND I ENCOURAGE ALL MY COLLEAGUES TO VOTE FOR THIS BILL. I

WILL BE VOTING FOR IT AND URGE MY COLLEAGUES TO DO THE SAME. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: MR. PALMESANO

NYS ASSEMBLY MAY 21, 2019

IN THE AFFIRMATIVE.

MR. DIPIETRO TO EXPLAIN HIS VOTE.

MR. DIPIETRO: THANK YOU, MR. SPEAKER, BRIEFLY.

AS MUCH AS I ADORE MY ESTEEMED COLLEAGUE, I'M GOING TO VOTE AGAINST

THIS BILL BECAUSE WE ALREADY HAVE ENOUGH STUDIES AND IF YOU COME UP

TO WESTERN NEW YORK, YOU WILL SEE WE HAVE THE WORST ROADS IN THE

STATE. WE DON'T NEED ANYMORE STUDIES TO TELL US WHAT'S GOOD AND

WHAT'S BAD. WHAT WE NEED IS FUNDING. WHAT WE REALLY NEED IS

SOMEONE TO -- AN INFRASTRUCTURE PLAN TO FIX THE ROADS. I DON'T NEED

ANYMORE STUDIES. SO, I WOULD SAY WE DON'T NEED ANY STUDIES, I'M

VOTING AGAINST IT AND I WOULD ENCOURAGE PEOPLE TO VOTE AGAINST IT.

ACTING SPEAKER PICHARDO: MR. DIPIETRO IN

THE NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04892, CALENDAR NO.

347, CUSICK, CRESPO, L. ROSENTHAL, OTIS, SEAWRIGHT. AN ACT TO AMEND

THE PUBLIC HEALTH LAW, IN RELATION TO HEALTH CARE AND WELLNESS

EDUCATION AND OUTREACH PROGRAMS FOR PREVENTING SUDDEN CARDIAC ARREST

AMONG STUDENT ATHLETES.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

NYS ASSEMBLY MAY 21, 2019

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 YOU

COULD PLEASE ASK THE MEMBERS OF TRAVEL AND TOURISM COMMITTEE TO

MEET IN THE SPEAKER'S CONFERENCE ROOM, PLEASE.

ACTING SPEAKER AUBRY: TOURISM COMMITTEE,

SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04948, CALENDAR NO.

348, BRONSON, LUPARDO, D'URSO. AN ACT TO AMEND THE ELDER LAW, IN

RELATION TO REQUIRING THE STATE OFFICE FOR THE AGING TO INCLUDE REPORTS

ON OLDER ADULTS WHO ARE PRIMARY CAREGIVERS OR GUARDIANS OF MINORS AND

ON SUBSTANCE USE DISORDERS AMONG OLDER ADULTS IN SUCH OFFICE'S ANNUAL

REPORTS TO THE GOVERNOR AND LEGISLATURE.

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.

NYS ASSEMBLY MAY 21, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

ADVANCE THE A-CALENDAR.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

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

TAKE UP RULES REPORT NO. 62, IT'S ON PAGE 3 BY MR. LENTOL.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06653, RULES REPORT

NO. 62, LENTOL, LIFTON, GANTT, GRIFFIN, RAMOS, BUCHWALD, BLAKE,

ROZIC, FAHY, ORTIZ, SEAWRIGHT, WRIGHT, BARRON, REYES, RICHARDSON,

WEPRIN, ENGLEBRIGHT, SIMON, DINOWITZ, JEAN-PIERRE, JAFFEE, RAYNOR,

ROMEO, JACOBSON, GOTTFRIED, FERNANDEZ, CRESPO, NOLAN, L. ROSENTHAL,

DICKENS, MOSLEY, RIVERA, TAYLOR, CRUZ, PERRY, BRONSON. AN ACT TO

AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO PRESIDENTIAL

REPRIEVE, PARDON OR OTHER FORM OF CLEMENCY AND PREVIOUS PROSECUTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

LENTOL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. AN EXPLANATION IS REQUESTED, MR. LENTOL.

WE ARE ON DEBATE. ALL OF THAT CROWD IN THE BACK

AGAINST THE WALL, IF YOU'RE NOT NEEDED THERE, PLEASE FIND A SEAT AND SIT

QUIETLY. THE SAME WITH UNDER THE EAVE. IF YOU'RE NOT NEEDED THERE, GO

NYS ASSEMBLY MAY 21, 2019

SIT DOWN.

MR. LENTOL: ARE WE READY, MR. SPEAKER?

ACTING SPEAKER AUBRY: I BELIEVE WE ARE, MR.

LENTOL.

MR. LENTOL: THANK YOU. SO, THIS IS THE LONG

AWAITED SO-CALLED "DOUBLE JEOPARDY" BILL. AND AS MANY OF MY

COLLEAGUES KNOW, THE CONSTITUTION OF THE UNITED STATES REQUIRES THAT

YOU SHALL NOT BE TRIED TWICE FOR THE SAME CRIME. A LOT OF PEOPLE DON'T

KNOW, HOWEVER, THAT NEW YORK HAS A SIMILAR LAW ON THE BOOKS THAT

SAYS YOU SHALL NOT BE TRIED TWICE FOR THE SAME CRIME. IT'S NOT IN THE

CONSTITUTION, IT'S IN THE STATE OF NEW YORK'S LAW. AND NOT TOO MANY

OTHER STATES HAVE A SECOND LAW LIKE NEW YORK DOES THAT ALLOWS A

DOUBLE JEOPARDY PROTECTION IN ADDITION TO THAT AFFORDED BY THE UNITED

STATES CONSTITUTION.

SO HAVING SAID THAT, THAT LAW HAS BEEN AMENDED

SEVERAL TIMES ALREADY AND IF WE DO THIS BILL, IT WILL BE THE 13TH TIME WE

AMENDED THE LAW TO TAKE AWAY THAT DOUBLE JEOPARDY PROTECTION BECAUSE

OF NECESSARY CIRCUMSTANCES. AND SO, I STAND BEFORE YOU TODAY BECAUSE

WE NEVER THOUGHT THAT WE WOULD EVER HAVE TO WORRY ABOUT A STATE

BEING INVOLVED IN THE REVIEW OF PRESIDENTIAL POWER IN THESE UNITED

STATES OF OURS; HOWEVER, IT'S SORT OF IRONIC THAT WE ARE LEARNING AGAIN

THAT -- THE IMPORTANCE OF STATES' RIGHTS. SOME OF YOU KNOW THAT

CONCEPT. WHEN WE SEE INACTION AT THE FEDERAL LEVEL REGARDING THE

ABUSE OF POWER, WE KNOW -- WE ALSO SEE AT THE SAME TIME, INACTION AT

THE FEDERAL LEVEL TO DEAL WITH THAT ABUSE OF POWER.

NYS ASSEMBLY MAY 21, 2019

AND SO, I THINK THAT THE ATTORNEY GENERAL ACTED

PROPERLY WHEN PROPOSING A BILL LIKE THIS TO BE PREPARED TO ACT WHERE

THE FEDERAL GOVERNMENT, IN ITS CHECKS AND BALANCES, HAS NOT YET ACTED

ALREADY. SO, I BELIEVE WE'VE ALREADY SEEN HOW A PRESIDENCY MIGHT ACT.

NOT SAYING THAT THERE'S ANYTHING WRONG WITH WHAT'S GOING ON NOW, BUT

WE HEAR ALL KINDS OF DIFFERENT THINGS ABOUT THE USE OF A PRESIDENTIAL

PARDON IN ORDER TO ALLOW PEOPLE WHO ARE CONVICTED OF CRIMES TO WALK

SCOT-FREE AFTER THEY MIGHT'VE BEEN CONVICTED BY A FEDERAL COURT.

AND SO, THIS BILL IS TO PROTECT AGAINST THAT. IT DOESN'T

HAVE ANYTHING TO DO NECESSARILY WITH THIS PRESIDENT, IT HAS TO DO WITH

PRESIDENTIAL POWER, PERIOD. DOESN'T MATTER IF WE'RE TALKING ABOUT THE

PRESENT PRESIDENT OF THE UNITED STATES OR A PRESIDENT THAT FOLLOWS HIM

OR EVEN TALKING ABOUT A PRESIDENT WHO PRECEDED HIM, IF YOU WANT TO

TALK ABOUT THAT, BECAUSE THERE WERE SOME THAT HAD BEGUN TO ABUSE

PRESIDENTIAL POWER, SOME RIGHT WHEN THEY LEFT OFFICE, IMMEDIATELY

BEFORE THEY LEFT OFFICE.

AND SO WE, AGAIN, IN NEW YORK ARE TRYING TO SHOW THE

WAY, HOW TO DEAL WITH THINGS THAT WE CONFRONT TODAY, NOT THINGS OF

YESTERDAY, BECAUSE WE HAVE ALL KINDS OF THINGS ON OUR DESK NOW LIKE

COMPUTERS AND WE HAVE DIFFERENT WAYS OF DOING THINGS, ELECTRONIC

MEDIA, SOCIAL MEDIA. THIS IS TIME FOR CHANGE AND WHEN THE FEDERAL

GOVERNMENT STUMBLES AND DOES NOTHING, THEN THE STATE OF NEW YORK

WILL FLY INTO ACTION WHEN WE PASS THIS BILL, AND THAT'S PRECISELY WHAT

THIS BILL DOES.

THIS NEW LAW WILL CONFRONT ANY PRESIDENT, NOT JUST

NYS ASSEMBLY MAY 21, 2019

THIS ONE, WHO THINKS HE OR SHE CAN GET AWAY WITH WASHING AWAY ILLEGAL

BEHAVIOR OF SOME TYPE. AND NEW YORK STATE, WHEN IT AFFECTS OUR

STATE, WILL NOT TOLERATE THAT. WE WANT TO UPHOLD THE LAW BECAUSE WE

KNOW THAT NO ONE IS ABOVE THE LAW. THAT'S MY EXPLANATION, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

MR. LENTOL YIELD?

MR. LENTOL: YES, I WILL.

ACTING SPEAKER AUBRY: MR. LENTOL YIELDS.

MR. GOODELL: THANK YOU, MR. LENTOL. NOW, AS

YOU MENTIONED, IT'S BEEN PART OF THE UNITED STATES CONSTITUTION FOR OVER

230 YEARS NOW THAT WE DO NOT SUPPORT THE CONCEPT OF DOUBLE JEOPARDY,

SOMEONE BEING TRIED TWICE FOR THE SAME CRIME, RIGHT?

MR. LENTOL: THAT'S CORRECT.

MR. GOODELL: AND, AS YOU MENTIONED, THE U.S.

SUPREME COURT BACK IN THE 1920'S RULED THAT YOU CAN HAVE DUAL

SOVEREIGNTY, SO --

MR. LENTOL: YES.

MR. GOODELL: -- SO UNDER THAT DECISION, WHICH

WAS OVER 100 YEARS -- NEARLY 100 YEARS AGO, THE SUPREME COURT SAID

THAT YOU COULD BE PROSECUTED FOR THE EXACT SAME CRIME BY DIFFERENT

JURISDICTIONS, NOTWITHSTANDING THE DOUBLE JEOPARDY CLAUSE, CORRECT?

MR. LENTOL: THAT'S CORRECT.

MR. GOODELL: AND, OF COURSE, NEW YORK BACK

NYS ASSEMBLY MAY 21, 2019

THEN IN RESPONSE TO THE SUPREME COURT DECISION --

MR. LENTOL: AND, BY THE WAY, IF YOU'LL SUFFER AN

INTERRUPTION, MR. GOODELL.

MR. GOODELL: CERTAINLY, SIR.

MR. LENTOL: WE -- I HAVE ALREADY HAD THE

EXPERIENCE OF DOING WHAT YOU SAID, BECAUSE SOME YEARS AGO, I'M NOT

SURE IF IT WAS FIVE, SIX OR SEVEN, WE HAD THE LEONA HELMSLEY CASE IN

WHICH SHE AVOIDED PAYING FEDERAL INCOME TAX AND WAS TRIED AND

CONVICTED - I DON'T REMEMBER, SHE MAY NOT HAVE BEEN CONVICTED, BUT

WE ALSO TRIED TO CONVICT HER -- OR TO TRY HER IN NEW YORK STATE AS A

RESULT OF HER NOT PAYING HER FEDERAL INCOME TAXES AND THE COURTS STRUCK

THAT DOWN AS UNCONSTITUTIONAL UNDER NEW YORK STATE LAW BECAUSE

THERE WAS NO EXCEPTION IN THE LAW. AND WE PASSED A BILL MAYBE SIX OR

SEVEN YEARS AGO TO CORRECT THAT SO THAT THE LEONA HELMSLEY'S OF THE

FUTURE WOULD BE REQUIRED TO PAY THEIR NEW YORK STATE INCOME TAXES AS

WELL AS THEIR FEDERAL INCOME TAXES.

MR. GOODELL: BUT GOING BACK -- THANK YOU, MR.

LENTOL, FOR THAT COMMENT. SO, IN THE 1920'S, THE U.S. SUPREME COURT

UPHELD DUAL SOVEREIGNTY. NEW YORK STATE RESPONDED RIGHT AWAY AND

PASSED OUR OWN STATUTE BARRING DOUBLE PROSECUTION FOR THE SAME

OFFENSE, AND THAT'S IN THE PENAL LAW. SO, BACK ALMOST 100 YEARS AGO,

WE RESPONDED TO SOMETHING WE SAW IN THE FEDERAL LEVEL AND SAID, NO,

THIS CONCEPT OF A -- OF PROSECUTING SOMEONE MORE THAN ONCE FOR THE

SAME CRIME REALLY OFFENDS A LOT OF OUR FUNDAMENTAL CONCEPTS OF JUSTICE

AND THAT'S THE WHOLE UNDERLYING PREMISE, RIGHT, OF -- OF THIS TYPE OF

NYS ASSEMBLY MAY 21, 2019

PROCEDURE, DOUBLE JEOPARDY, WHERE WE DO NOT WANT TO HAVE A POWER OF

GOVERNMENT REPEATEDLY PROSECUTING SOMEONE FOR THE SAME CRIME AFTER

THEY HAD BEEN ACQUITTED. I MEAN, THAT'S THE WHOLE FUNDAMENTAL

CONCEPT OF DOUBLE JEOPARDY.

MR. LENTOL: YES, THAT'S -- THAT'S GENERALLY TRUE,

AND AS I STATED IN MY OPENING COMMENTS, THAT'S WHY NEW YORK IS

UNIQUE AMONG OTHER STATES TO HAVE ITS OWN DOUBLE JEOPARDY PROTECTION

IN ADDITION TO WHAT THE UNITED STATES CONSTITUTION PROVIDES, BUT THAT'S

ONLY A GENERAL PROPOSITION AND THERE ALREADY ARE NOW 12 EXCEPTIONS TO

THE LAW BECAUSE WE SAW FIT OVER THE YEARS TO MAKE EXCEPTIONS FOR

CRIMES THAT WE NEVER THOUGHT OUGHT TO GO UNPUNISHED, AND THAT'S WHAT

WE'RE DOING HERE TODAY.

MR. GOODELL: THANK YOU. THIS BILL FOCUSES,

THOUGH, ON JUST A VERY NARROW CATEGORY OF PEOPLE, CORRECT?

MR. LENTOL: YES.

MR. GOODELL: AND THAT IS ONLY THOSE WHO MIGHT

RECEIVE A PRESIDENTIAL PARDON.

MR. LENTOL: RIGHT. SO, AGAIN, IF I MIGHT -- IF

YOU'D SUFFER AN INTERRUPTION AGAIN. AS SOME OF YOU MAY RECALL, I KNOW

YOU MAY NOT BECAUSE IT WAS MY BILL AND IT WAS -- IT WAS INTRODUCED AT

THE REQUEST OF THEN ATTORNEY GENERAL ERIC SCHNEIDERMAN, AND THAT BILL

WAS A VERY BROAD-BASED ALL SWEEPING POWER GIVEN TO -- GIVEN TO US TO

PROSECUTE A PRESIDENT. AND WE DECIDED WHEN ATTORNEY GENERAL -- OUR

NEW ATTORNEY GENERAL TOOK OFFICE, MS. JAMES, THAT WE WOULD PARE

DOWN THAT BILL AND MAKE IT MORE RESTRICTIVE SO THAT IT DIDN'T HAVE A WIDE

NYS ASSEMBLY MAY 21, 2019

NET THE WAY THE ORIGINAL BILL DID, SO THAT'S WHERE -- THAT'S WHY WE'RE

HERE TODAY.

MR. GOODELL: OKAY. SO IT'S YOUR, THEN, POSITION

IF I UNDERSTAND YOU CORRECTLY LIKE THIS BILL, UNLIKE THE PRIOR BILL, THIS BILL

PARED IT DOWN SO THAT WE HAVE A VERY EASILY IDENTIFIABLE GROUP OF

PEOPLE THAT WOULD BE SUBJECT TO THIS EXCEPTION.

MR. LENTOL: RIGHT.

MR. GOODELL: WOULD THAT BE ACCURATE?

MR. LENTOL: FOCUSED ONLY ON CORRUPTION AND

ABUSE -- ABUSIVE USE OF POWER. THAT'S WHAT WE TRIED TO HONE IN ON

BECAUSE AS YOU SUGGESTED, WE DON'T WANT TO TAKE ANYBODY'S RIGHTS

AWAY, THAT'S NOT WHAT WE'RE ABOUT HERE.

MR. GOODELL: AND THIS BILL, THEN, DEFINES THAT

GROUP WITH VERY CLEAR CRITERIA SO YOU CAN EASILY IDENTIFY THAT GROUP?

MR. LENTOL: IT'S -- IT'S -- THERE ARE CRITERIA, BUT,

MORE IMPORTANTLY, IT'S A NARROWER-FOCUSED BILL.

MR. GOODELL: AND IS IT YOUR OPINION THAT THAT

GROUP AS DESCRIBED IN THIS BILL WOULD BE EASILY, THEN, IDENTIFIABLE?

MR. LENTOL: YES.

MR. GOODELL: SO MY QUESTION THEN IS, AS YOU

KNOW, THE U.S. CONSTITUTION, IN ADDITION TO HAVING A DOUBLE JEOPARDY

CLAUSE, PROHIBITS WHAT IS KNOWN AS A BILL OF ATTAINDER, WHICH SAYS YOU

CANNOT ENACT LEGISLATION THAT DESIGNATES QUOTE, "AN EASILY IDENTIFIABLE

GROUP FOR SPECIAL TREATMENT" OR PARTICULARLY ADVERSE TREATMENT. BUT

DOESN'T THIS BILL DO EXACTLY THAT IT, IT IDENTIFIES, AS YOU'VE SAID, AS YOU

NYS ASSEMBLY MAY 21, 2019

CONFIRMED A, QUOTE, "EASILY IDENTIFIABLE GROUP," A VERY SMALL GROUP OF

PEOPLE AND SAYS FOR THIS LITTLE GROUP OF PEOPLE, NO PRESIDENTIAL PARDONS;

DOESN'T THAT VIOLATE THE BILL OF ATTAINDER PROVISIONS OF THE U.S.

CONSTITUTION?

MR. LENTOL: THIS IS NOT A BILL OF ATTAINDER.

MR. GOODELL: WHY?

MR. LENTOL: THERE IS IN THE LAW A THREE-PART TEST

FOR A BILL OF ATTAINDER AND THIS BILL DOES NOT MEET THE THREE ELEMENTS

THEREIN, THAT IS IT WOULD HAVE TO DENY THE RIGHT TO A JUDICIAL TRIAL, WHICH

THIS DOES NOT. IT MUST BE A TRIAL, A TRIAL BY JURY, I MIGHT ADD. IT MUST

IMPOSE PUNISHMENT AND IT MUST TARGET A SPECIFIC INDIVIDUAL. SO, I DON'T

THINK IT MEETS ANY OF THOSE TESTS AND IT GIVES THE STATE AN OPPORTUNITY TO

PURSUE A TRIAL ONLY. IT DOES NOT PRECLUDE ONE. IT ALSO DOES NOT IMPOSE

PUNISHMENT SINCE AN INDIVIDUAL WILL STILL NEED TO BE TRIED AND

CONVICTED FOR THE UNDERLYING CRIME.

MR. GOODELL: WELL, KEEP IN MIND WHAT WE'RE

SAYING IN THIS BILL IS WE HAVE A VERY SMALL GROUP OF PEOPLE, POTENTIAL --

POTENTIALLY A VERY SMALL EASILY IDENTIFIABLE PEOPLE AND FOR THAT

PARTICULAR SMALL GROUP OF PEOPLE, NEW YORK STATE IS AUTHORIZED TO

PROSECUTE JUST THEM, WHEREAS AN IDENTICAL INDIVIDUAL WHO IS PARDONED

BY THE U.S. PRESIDENT WHO DOESN'T MEET THE CRITERIA OF THIS BILL, NO

DOUBLE JEOPARDY. BUT IF IT'S A SMALL GROUP OF PEOPLE IDENTIFIED THIS BILL,

THEN NEW YORK STATE WILL TAKE THE ENTIRE RESOURCES OF THE STATE,

PROSECUTORIAL PROBLEMS -- OR POWER, RATHER, AND FOCUS ON THOSE

INDIVIDUALS.

NYS ASSEMBLY MAY 21, 2019

MR. LENTOL: NOTHING IN THIS BILL PROHIBITS THAT.

THIS IS NOT A -- THIS IS NOT A BILL OF ATTAINDER AND IT DOES NOT IDENTIFY

ANY DISCERNABLE PERSON. IT IDENTIFIES A GROUP OF INDIVIDUALS, IF ANY -- -

MR. GOODELL: NOW, AS OF --

MR. LENTOL: -- THAT DOES ANYTHING -- IF IT DOES

ANYTHING, IT IDENTIFIES A GROUP OF INDIVIDUALS THAT MAY COME IN CONTACT

WITH THE PRESIDENT WITH WHOM HE MAY SHOW FAVORITISM, THAT'S ALL, BUT IT

MR. GOODELL: AS OF --

MR. LENTOL: -- REQUIRES A TRIAL TO PROVE IT.

MR. GOODELL: AS OF THIS DATE AND TIME, IS THERE

ANY INDIVIDUAL THAT HAS BEEN PARDONED BY THE PRESIDENT OF THE UNITED

STATES THAT WOULD FALL WITHIN THIS CRITERIA?

MR. LENTOL: NOT THAT I KNOW OF.

MR. GOODELL: SO THIS BILL IS BEING PROPOSED TO

WAIVE ALMOST 100 YEARS OF NEW YORK STATE HISTORY AND 230 YEARS OF

FEDERAL HISTORY TO ADDRESS A SITUATION THAT DOESN'T EXIST?

MR. LENTOL: WELL, IT CERTAINLY HAS THE POTENTIAL TO

EXIST AND WE WOULD PREFER TO ACT BEFORE THAT POTENTIAL IS MET, ESPECIALLY

WHEN WE HAVE HEARD FROM FOLKS WHO HAVE PROFESSED THAT THERE IS AFOOT,

A MOVEMENT IN WASHINGTON TO PARDON INDIVIDUALS.

MR. GOODELL: AND DO YOU KNOW --

MR. LENTOL: AND THE MUELLER REPORT ALSO

INDICATES THAT. SO, RATHER THAN WAIT FOR THE CONGRESS TO ACT, BECAUSE WE

MAY BE WAITING A LONG TIME, WE DECIDED THAT NEW YORK STATE WANTS TO

NYS ASSEMBLY MAY 21, 2019

PROTECT ITS OWN INTERESTS.

MR. GOODELL: NOW, OF COURSE, THIS CONCEPT OF

DUAL SOVEREIGNTY IS A TWO-WAY STREET, RIGHT?

MR. LENTOL: YES.

MR. GOODELL: RIGHT NOW, THE FEDERAL

GOVERNMENT, AS A GENERAL RULE, WILL NOT PROSECUTE NEW YORKERS WHO

HAVE BEEN ARRESTED AND CONVICTED EVEN THOUGH THE CRIME THAT THEY

WERE ARRESTED AND CONVICTED UNDER NEW YORK LAW ALSO VIOLATES

FEDERAL LAW, CORRECT?

MR. LENTOL: THERE'S NOTHING THAT PROHIBITS THE

FEDERAL GOVERNMENT FROM DOING --

MR. GOODELL: SO MY QUESTION --

MR. LENTOL: -- WHAT YOU SAY THEY CAN'T DO.

MR. GOODELL: SO, MY QUESTION IS, I MEAN, THIS IS

OBVIOUSLY NOTHING MORE, IN MY OPINION, THAN A SHARP POKE AT THE

CURRENT PRESIDENT, A POKE IN THE EYE, BUT CAN'T THE CURRENT

ADMINISTRATION RESPOND BY SAYING, WAIT A MINUTE, DUAL SOVEREIGNTY

MEANS THAT THE FEDERAL GOVERNMENT CAN COME BACK AND PROSECUTE ALL

THE NEW YORKERS THAT HAVE RECEIVED A PARDONED FROM GOVERNOR

CUOMO, RIGHT? IT COULD GO BACK THE OTHER WAY AND THEY COULD START

PROSECUTING EVERYONE WHO HAS BEEN PARDONED BY GOVERNOR CUOMO IF

THEY ALSO VIOLATED A FEDERAL LAW, RIGHT?

MR. LENTOL: NO.

MR. GOODELL: WHY NOT?

MR. LENTOL: THE FEDERAL GOVERNMENT CAN'T

NYS ASSEMBLY MAY 21, 2019

PARDON SOMEBODY.

MR. GOODELL: NO, BUT THE FEDERAL GOVERNMENT

COULD PROSECUTE FOR FEDERAL OFFENSES ANY INMATE PARDONED BY

GOVERNOR CUOMO WHO ALSO VIOLATED FEDERAL LAW.

MR. LENTOL: THAT'S DUAL SOVEREIGNTY, THERE'S

NOTHING WE CAN DO ABOUT THAT. WE CAN'T STOP THAT.

MR. GOODELL: SO LOOKING AT WHAT GOVERNOR

CUOMO PARDONED, FOR EXAMPLE, HE PARDONED 29 PEOPLE AT THE END OF

2018. TWENTY OF THOSE 29 INDIVIDUALS ALSO COMMITTED FEDERAL

OFFENSES.

MR. LENTOL: HEY, THAT'S THE CURRENT LAW. THERE'S

NOTHING -- WE CAN'T CHANGE THAT.

MR. GOODELL: BUT ISN'T THIS OPENING A --

MR. LENTOL: THAT'S CONSTITUTIONAL -- THAT'S FEDERAL

AND CONSTITUTIONAL LAW. THAT'S NOTHING WE CAN DO TO CHANGE IT. WE

WANT TO CHANGE OUR LAW TO PROTECT OUR CITIZENS.

MR. GOODELL: BUT ISN'T THIS OPENING THE PANDORA'S

BOX WHERE YOU POKE THE PRESIDENT AND NOW THE PRESIDENT COULD

RESPOND SO YOU DESIRE BY REARRESTING 20 OF THE 29 PEOPLE THAT WERE

GRANTED A PARDON BY GOVERNOR CUOMO, BECAUSE THOSE 20 PEOPLE OUT OF

29 ALSO VIOLATED FEDERAL LAW. WOULDN'T IT BE BETTER FOR BOTH OF US, BOTH

GOVERNMENTS, AS A MATTER OF COMITY AND COURTESY TO RESPECT THE

PARDONS GIVEN BY OUR RESPECTIVE GOVERNOR OR OUR RESPECTIVE PRESIDENT?

MR. LENTOL: I THINK WHAT WE'RE DOING IS PERFECTLY

APPROPRIATE FOR THE TIMES. THE TIMES, THEY ARE A-CHANGING, MY FRIEND,

NYS ASSEMBLY MAY 21, 2019

AND WE DON'T HEAR ABOUT THE USE OF GUBERNATORIAL POWER IN A NEFARIOUS

WAY LIKE WE'RE HEARING TODAY. AND IF WE DO, IF WE DO, THIS LEGISLATION

COULD TAKE ACTION WITH REGARD TO ITS GOVERNOR, OR ANY OTHER STATE COULD

TAKE ACTION IN REGARD TO ITS GOVERNOR.

MR. GOODELL: WELL, AS YOU KNOW --

MR. LENTOL: AND THAT -- WE CAN'T CHANGE -- WE

CAN'T CHANGE THE LAW AS IT EXISTS NOW, WHICH IS WHAT YOU'RE SUGGESTING,

THAT THE FEDERAL GOVERNMENT HAS THE POWER OR NO POWER TO DO. THE

ONLY THING WE CAN CHANGE IS WHAT WE'RE DOING HERE TODAY TO CHANGE THE

LAW SO THAT WE CAN PROTECT THE CITIZENS OF OUR STATE.

MR. GOODELL: MR. LENTOL, THANK YOU FOR YOUR

COMMENTS.

MR. LENTOL: YOU'RE WELCOME, SIR.

MR. GOODELL: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: TODAY, WE'RE BEING ASKED TO

OVERTURN NEARLY 100 YEARS OF NEW YORK STATE HISTORY WHERE WE, AS A

STATE, HAVE RECOGNIZED THE FUNDAMENTAL UNFAIRNESS OF DOUBLE JEOPARDY.

DOUBLE JEOPARDY IS A CONCEPT THAT WAS RECOGNIZED BY OUR FOUNDING

FATHERS 230 YEARS AGO AND IT WAS RECOGNIZED BY THIS LEGISLATURE NEARLY

100 YEARS AGO. AND WE'RE ASKED TO SET ASIDE THAT FUNDAMENTAL CONCEPT

OF FAIRNESS AND EQUITY NOT BECAUSE WE'RE FACED WITH ANY ACTUAL

SITUATION, BUT ON THE HYPOTHETICAL SITUATION. SO, BEFORE WE CHANGE 100

YEARS OF NEW YORK STATE HISTORY AND REMOVE A FUNDAMENTAL

NYS ASSEMBLY MAY 21, 2019

PROTECTION --

ACTING SPEAKER AUBRY: MR. ABINANTI, WHY

DO YOU RISE?

MR. ABINANTI: WILL THE SPEAKER YIELD?

MR. GOODELL: ONCE I'M DONE WITH THIS COMMENT,

I'D BE GLAD TO YIELD. THANK YOU.

ACTING SPEAKER AUBRY: THE SPEAKER WILL NOT

YIELD.

MR. GOODELL: SO, WE'RE BEING ASKED TO ELIMINATE

NEARLY 100 YEARS OF PROUD NEW YORK JURISPRUDENCE TO EXPRESS A

POLITICAL STATEMENT ABOUT OUR CURRENT PRESIDENT ABOUT THINGS HE HASN'T

DONE. BUT BEFORE WE GET CAUGHT UP IN HYPOTHETICALS THAT HAVE NOT

OCCURRED THAT SOMEONE IN THE FEDERAL GOVERNMENT MIGHT DO, LET'S LOOK

AT OURSELVES, BECAUSE DUAL SOVEREIGNTY IS A TWO-WAY STREET. AND IF WE

OPEN UP THIS PANDORA'S BOX, THE FEDERAL GOVERNMENT IS FREE TO COME

BACK AND SAY, YOU KNOW WHAT? LET'S NOT TALK ABOUT HYPOTHETICALS, LET'S

TALK ABOUT REAL FACTS.

THE REAL FACTS IS THAT IN 2018 IN JULY, GOVERNOR

CUOMO PARDONED SEVEN PEOPLE WHO WERE FACING DEPORTATION. FIVE OF

THOSE SEVEN COMMITTED CRIMES THAT VIOLATE FEDERAL LAW. AND IN

DECEMBER OF 2018, HE PARDONED 29, AND 20 OF THOSE 29 INDIVIDUALS

ALSO VIOLATED FEDERAL LAW. SO IMAGINE THIS? CAN YOU IMAGINE THE

OUTRAGE IN THIS ROOM AT THE FEDERAL GOVERNMENT RIGHT AFTER OUR

GOVERNOR PARDONED THESE INDIVIDUALS, CAME BACK AND REARRESTED THEM

FOR FEDERAL OFFENSES? IF THAT'S WHAT WE'RE TALKING ABOUT DOING IN THE

NYS ASSEMBLY MAY 21, 2019

OTHER WAY, WE SHOULD BE VERY CAREFUL WITH THAT APPROACH.

THANK YOU, MR. SPEAKER, AND THANK YOU TO MY

COLLEAGUE, MR. LENTOL.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

LENTOL?

MR. LENTOL: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO YOU WENT THROUGH A LITTLE

OF, YOU KNOW, THE HISTORY WITH -- WITH MR. GOODELL AND I KNOW ONE --

ONE OF THE THINGS YOU TALKED ABOUT IS THAT WE HAVE AMENDED THIS LAW

OVER THE YEARS, BUT I GUESS MY FIRST QUESTION IS THOSE PAST AMENDMENTS

MR. LENTOL: I'M GLAD YOU ASKED THAT --

MR. RA: SURE.

MR. LENTOL: -- BECAUSE I FAILED TO MENTION WHEN

MR. GOODELL AND I HAD OUR COLLOQUY THAT WHEN THE LEONA HELMSLEY BILL

PASSED THAT I REFERRED TO, ONLY THREE MEMBERS OF YOUR SIDE OF THE AISLE

VOTED AGAINST IT. SO, IF IT WAS SUCH AN ABUSE OF OUR POWER AS A STATE TO

TAKE AN EXCEPTION OUT OF THE LAW OF DOUBLE JEOPARDY, THEN I JUST WANTED

YOU TO KNOW THAT IT WAS, I THINK THERE WERE THREE NEGATIVE VOTES IN TOTAL

ON THAT VOTE.

NYS ASSEMBLY MAY 21, 2019

MR. RA: OKAY. SO, BUT MY QUESTION IS THIS: THESE

EXCEPTIONS THAT WE'VE HAD IN THE LAW OR AMENDMENTS WE'VE MADE, HAVE

WE DONE ONES THAT ONLY APPLY TO CERTAIN CATEGORIES OF INDIVIDUALS AS

OPPOSED TO CERTAIN TYPES OF CRIMES? YOU KNOW, WE HAVE PROVISIONS

THAT DEAL WITH -- PERHAPS THERE'S DIFFERENT ELEMENTS FOR DIFFERENT CRIMES.

HAVE WE DONE ONES THAT ONLY SPECIFICALLY APPLY TO A DEFINED GROUP OF

PEOPLE?

MR. LENTOL: WELL, IN THE LEONA HELMSLEY CASE WE

DID IT FOR TAX CHEATS.

MR. RA: BUT -- BUT THAT WOULD BE -- THAT COULD BE

ANY TAX CHEAT. WE DIDN'T SAY ONLY TAX CHEATS WHO, YOU KNOW, WORK FOR

A CERTAIN PERSON OR ARE FAMILY MEMBERS OF A CERTAIN PERSON. THAT'S A

CATEGORY OF CRIMES. I'M TALKING ABOUT A CATEGORY OF PEOPLE.

MR. LENTOL: NOT EVERYBODY PAYS TAXES. ONLY

THOSE PEOPLE WHO PAY TAXES, THAT'S A GROUP.

MR. RA: ALL RIGHT, I -- YOU WOULD HAVE TO PAY TAXES

TO BE A TAX CHEAT, ALTHOUGH I GUESS YOU WOULDN'T PAY TAXES IF YOU WERE

A TAX CHEAT. BUT, AGAIN, THAT WOULD -- THAT'S NOT A DEFINED -- IT'S A

CERTAIN CRIME OR CATEGORY OF CRIMES THAT APPLY TO. IT'S NOT -- THERE'S NO

CIRCUMSTANCE THERE WHERE ONE INDIVIDUAL CAN COMMIT A CERTAIN CRIME

AND BE OUTSIDE OF THE CATEGORY THAT'S IN THE LAW, AND ANOTHER INDIVIDUAL

CAN COMMIT THE SAME CRIME AND THEY'RE IN THE CATEGORY. SO, ONE CAN

BE PARDONED AND THE OTHER ONE CAN'T AND CAN BE PROSECUTED AGAIN.

THAT -- THAT WOULDN'T -- THAT SITUATION COULDN'T MATERIALIZE IN THAT -- IN

THOSE CIRCUMSTANCES.

NYS ASSEMBLY MAY 21, 2019

MR. LENTOL: WELL, AGAIN, WE TRY TO BE AS CAREFUL

AS WE COULD. THAT'S WHY IT TOOK SO LONG TO GET WHERE WE ARE TODAY.

WE HAD THIS BILL LAST YEAR AND WE TRIED TO REFINE IT SO THAT IT WOULD BE AS

NARROW AS POSSIBLE AND APPLY TO INDIVIDUALS. OF COURSE THEY'RE GOING

TO BE CONNECTED TO THE PRESIDENT, BECAUSE THAT'S WHERE WE PERCEIVE THE

DANGER TO BE COMING FROM AND WE'RE TRYING TO IDENTIFY A GROUP OF

PEOPLE THAT MAY HAVE OR MAY WANT TO COMMIT A CRIME AND DO IT ONLY

BECAUSE THEY KNOW THAT THEY CAN BE PARDONED. AND WE WANT THE LAW

TO APPLY TO THOSE INDIVIDUALS. WE DON'T KNOW THAT IT'S GOING TO HAPPEN,

WHETHER IT'S GOING TO HAPPEN, BUT WHY SHOULDN'T WE PROTECT AGAINST IT?

I'M OLD ENOUGH TO REMEMBER WHEN BILL CLINTON WENT OUT OF OFFICE,

EVERYBODY WAS UP IN ARMS BECAUSE HE -- HE DELIVERED A PARDON FOR

MARC RICH ON THE DAY HE LEFT OFFICE. AND IF WE HAD THAT BILL ON THE

BOOKS NOW, WE COULD HAVE PROSECUTED MARC RICH FOR THAT CRIME.

MR. RA: OKAY. SO -- SO FURTHER WITH REGARD TO THIS

THOUGH, I -- I WANT TO -- MOVING AWAY FROM THE SPECIFICS OF THIS BILL FOR

A MOMENT. ARE YOU FAMILIAR WITH THE PENDING SUPREME COURT CASE,

GAMBLE V. THE UNITED STATES ON THE DUAL SOVEREIGNTY DOCTRINE?

MR. LENTOL: YES, BASICALLY. I'M NOT AS FAMILIAR AS

YOU ARE BECAUSE I HAVEN'T READ IT OVERNIGHT.

MR. RA: WELL -- WELL, IT IS AN INTERESTING CASE. IT

WAS ARGUED IN DECEMBER. I ACTUALLY LISTENED EARLIER TO A LOT OF THE ORAL

ARGUMENT. IT'S GREAT HOW MUCH STUFF YOU CAN FIND JUST BY, YOU KNOW,

GOOGLING AND THINGS, BUT -- BUT THAT CASE WAS ABOUT AN INDIVIDUAL WHO

WAS -- WHO WAS PROSECUTED FOR POSSESSING A GUN AT BOTH THE FEDERAL

NYS ASSEMBLY MAY 21, 2019

AND STATE LEVEL, AND THAT CASE, I ASSUME WE'RE GOING TO BE SEEING A

DECISION AT SOME POINT IN THE NEAR FUTURE, WHICH MAY RENDER THIS ALL

MOOT IF THE COURT WERE TO DECIDE TO, YOU KNOW, CHANGE THAT PRECEDENT

FOR DUAL SOVEREIGNTY.

MR. LENTOL: FROM WHAT I UNDERSTAND, IT'S NOT

EXPECTED THAT THE SUPREME COURT WILL CHANGE MUCH OR ANY OF THE DUAL

SOVEREIGNTY RULES.

MR. RA: OKAY. SO -- BUT IF THAT CASE WERE DECIDED

IN FAVOR OF -- OF MR. GAMBLE, I GUESS, THAT WOULD RENDER THIS STATUTE

UNCONSTITUTIONAL?

MR. LENTOL: WELL, IF THAT HAPPENS THEN WE HAVE TO

GO BACK TO THE DRAWING BOARD, I SUPPOSE, AND COME UP WITH BETTER

LEGISLATION, BECAUSE OUR OBJECTIVE HERE IS NOT TO TARGET ANY PRESIDENT.

OUR OBJECTIVE HERE IS TO PREVENT THE ABUSE OF POWER AND IF WE SEE IT,

WE SHOULD DEFINE IT AND TRY TO ROOT IT OUT. THAT'S WHAT WE'RE TALKING

ABOUT.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. LENTOL: AND NOBODY'S CONVICTED HERE, WE'RE

TRYING TO ROOT OUT CORRUPTION AND ABUSE OF PRESIDENTIAL -- POWER OF

PRESIDENTIAL PARDON.

MR. RA: OKAY. NOW, JUST ONE OTHER QUESTION JUST IN

TERMS OF THE --

MR. LENTOL: YES, SURE.

MR. RA: JUST IN TERMS OF -- I APOLOGIZE, I WAS GOING

TO GO ON THE BILL, BUT I JUST HAVE ONE OTHER QUESTION. JUST IN TERMS OF

NYS ASSEMBLY MAY 21, 2019

THE, YOU KNOW, THE TIMING OF ALL THIS. AT WHAT STAGE, YOU KNOW, WOULD

THE PERSON THEN BE ELIGIBLE FOR PROSECUTION -- YOU KNOW, IF SOMEBODY

WENT THROUGH, WAS CONVICTED FEDERALLY AND THEN THE PRESIDENT WERE TO

PARDON THEM, WOULD THIS APPLY OR IS THIS ONLY IF, YOU KNOW, THEY KIND

OF -- YOU KNOW, THEY GET CHARGED AND THE PRESIDENT COMES IN AND

PARDONS THEM?

MR. LENTOL: IT'S ONLY NECESSARY IF THE TRIAL HAS

ALREADY BEGUN WHERE THE PERSON WOULD BE PUT IN JEOPARDY, THEN THAT

WOULD BE -- THAT WOULD BE ENOUGH TO REQUIRE DOUBLE JEOPARDY TO ATTACH

UNDER THE FEDERAL SYSTEM AND THEN THE NEW YORK STATE LAW -- UNDER

NEW YORK STATE LAW WHEN THIS BILL BECOMES LAW WOULD BE ABLE TO BE

PURSUED.

MR. RA: OKAY. SO IF THE PERSON HAS ALREADY, YOU

KNOW, BEEN TRIED, CONVICTED, IF THE PERSON HAS ALREADY SERVED A

SENTENCE AND THEY'RE PARDONED, THIS -- THIS WOULD NOT APPLY?

MR. LENTOL: NO. IF JEOPARDY IS NOT ALREADY

ATTACHED, IT DOESN'T -- IT WOULDN'T APPLY. AND IT DOESN'T APPLY TO

ANYTHING EX POST FACTO THAT'S ALREADY HAPPENED. SO, ANYONE WHOSE

BEEN CONVICTED NOW THAT IS IN JAIL OR NOT IN JAIL OR WAITING TO GO TO JAIL

AND WERE PARDONED, WE COULDN'T DO ANYTHING ABOUT THAT BECAUSE THAT

WOULD BE AN EX POST FACTO LAW.

MR. RA: THANK YOU VERY MUCH, MR. LENTOL.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: THANK YOU. YOU KNOW, I -- I THINK IT'S AN

NYS ASSEMBLY MAY 21, 2019

INTERESTING CIRCUMSTANCE WE SEE HERE, IN PARTICULAR WITH PROBABLY THE

ONE GROUP THAT HAS PUT OUT WRITTEN OPPOSITION TO THIS BILL. PROBABLY

MORE OFTEN THAN NOT WOULD NOT BE LINING UP ON AN ISSUE WITH MAYBE

MEMBERS ON OUR SIDE OF THE AISLE OR, IN PARTICULAR, YOU KNOW, THE

PRESIDENT, BUT I -- I THINK THE SMART THING THAT HAS BEEN POINTED OUT IS

THAT IT'S VERY EASY TO LOOK AT THIS IN A VERY NARROW SENSE AND SAY, YOU

KNOW, WE'RE CONVINCED SOMETHING'S GOING TO HAPPEN, WE NEED TO DO

SOMETHING, BUT WE ALL KNOW LAWS HAVE MUCH BROADER IMPLICATIONS THAN

THAT. AND WE'RE REALLY SETTING, TO ME, WHAT COULD BE A DANGEROUS

PRECEDENT BECAUSE WE DON'T KNOW WHO THIS COULD APPLY TO IN THE

FUTURE, BUT, YOU KNOW, YOU -- YOU ARE, YOU KNOW, TAKING SOMETHING

THAT WE'VE HAD IN LAW FOR MANY YEARS. OUR STATE MADE A VERY

CONSCIOUS DECISION YEARS AGO WHEN -- AFTER THE SUPREME COURT DECIDED

THAT THERE WAS A DUAL SOVEREIGNTY AND PEOPLE COULD BE PROSECUTED AT

BOTH THE STATE AND FEDERAL LEVEL. WE DECIDED WE WANT TO PUT FORTH

BASICALLY A PROTECTION IN OUR LAW TO PROTECT OUR CITIZENS FROM -- FROM

DUAL PROSECUTIONS. AND LOOK, WE KNOW THAT THERE ARE, YOU KNOW, MANY

PROSECUTORS OUT THERE WHO DO THEIR JOB WELL. THEY GO, THEY FIGHT FOR

JUSTICE AND TRY TO PUT PEOPLE AWAY AND GAIN CONVICTIONS OF PEOPLE THAT

HAVE -- THAT HAVE WRONGED OUR STATE AND OUR SOCIETY, AND THAT'S GREAT.

BUT THERE'S ALSO SITUATIONS WHERE -- WHERE PEOPLE GO BEYOND THAT. AND

-- AND WE'VE SEEN IT. AND WHEN YOU ARE IN THE POLITICAL ENVIRONMENT

THAT WE NOT ONLY ARE IN NOW, BUT WOULD BE IN THE FUTURE BECAUSE, YOU

KNOW, YOU CAN SEE UNDER ANY CIRCUMSTANCES THE PARTIES COULD BE

REVERSED, BUT THERE COULD BE A SITUATION WHERE, FOR POLITICAL REASONS,

NYS ASSEMBLY MAY 21, 2019

SOMEBODY NOW IN THIS STATE WANTS TO -- WANTS TO GO AFTER A PARTICULAR

INDIVIDUAL. SO, IT IS A -- IT IS A DANGEROUS PRECEDENT TO SET LOOKING AT IT

THROUGH THAT LENS.

BUT, I DO WANT TO POINT OUT ONE OTHER THING. WE HAVE

TONS OF ISSUES THAT WE NEED TO ADDRESS IN THIS STATE. YOU KNOW, AND --

AND -- AND SOME OF THEM WE'VE TALKED ABOUT A LOT THIS YEAR, BUT, YOU

KNOW, OUR TAXPAYERS CONTINUE TO -- TO -- TO STRUGGLE, PARTS OF OUR STATE

THAT AREN'T DOING SO WELL, LIKE -- LIKE -- LIKE UPSTATE, YOU KNOW, PEOPLE

STRUGGLING FOR HOUSING AND JOBS IN ALL PARTS OF OUR STATE. OUR

TRANSPORTATION SYSTEMS, OUR INFRASTRUCTURE, AND WE'RE HERE DOING

SOMETHING THAT I THINK NOT ONLY MANY OUTSIDE OF THESE HALLS, BUT MANY

INTERNALLY SEE AS KIND OF A POLITICAL DISCUSSION, YOU KNOW, LOOKING TO

GO GET SOME HEADLINES AND ALL OF THAT AND -- AND PEOPLE WILL SAY, OH,

GREAT, LOOK AT THEM, THEY'RE GOING AFTER THE -- THE PRESIDENT. AND

THERE'S BEEN PEOPLE IN THIS, YOU KNOW, IN THIS BUILDING WHO HAVE NOT

BEEN SHY ABOUT STATING THAT MOTIVATION.

SO, I -- I JUST WANT TO CAUTION EVERYBODY HERE, BUT,

AGAIN, I WANT TO -- MY COLLEAGUE MENTIONED A NUMBER OF PEOPLE THAT

WE'VE SEEN PARDONS FROM HERE IN ALBANY USING A POWER THAT WE -- WE

ALL KNOW OUR EXECUTIVE HAS, AS WELL. COP KILLERS, PEOPLE WHO'VE --

WHO'VE COMMITTED HORRIBLE, YOU KNOW, CRIMES AGAINST OUR

COMMUNITIES. WHERE WAS OUR OUTRAGE AS A LEGISLATURE THEN TO COME IN

AND DO SOMETHING ABOUT THAT? PEOPLE WHO HAVE HARMED THE VERY

FABRIC OF OUR SOCIETY BY DOING THINGS OF THAT NATURE AND WE DIDN'T FEEL

COMPELLED TO ACT, BUT THIS IS WHAT WE'RE MAKING AS A PRIORITY RIGHT NOW.

NYS ASSEMBLY MAY 21, 2019

SO, YOU KNOW, I WOULD REALLY CAUTION ALL OF MY

COLLEAGUES TO THINK ABOUT THIS NOT JUST IN THE PARAMETERS OF HOW WE'RE

VIEWING OUR CURRENT POLITICAL CLIMATE, BUT REALLY ABOUT THE FACT THAT WE

ARE DECIDING THAT WE'RE GOING TO PUT INTO OUR LAWS SOMETHING THAT'S

GOING TO APPLY TO ONLY A VERY SPECIFIC DEFINED GROUP OF PEOPLE. WE'RE

NOT SAYING FOR CERTAIN TYPES OF CRIMES, WE'RE NOT -- WE'RE NOT SAYING

UNDER CERTAIN THINGS, WE'RE TALKING -- TALKING ABOUT THERE COULD BE TWO

DIFFERENT PEOPLE WHO COMMIT THE SAME EXACT CRIME AND ONE, BECAUSE

OF THEIR RELATIONSHIP TO -- TO A CERTAIN INDIVIDUAL, WE'LL GO BACK AS A

STATE AND PROSECUTE THEM, THE OTHER PERSON WE WILL NOT BE ABLE TO

PROSECUTE UNDER OUR LAWS. THAT OTHER PERSON WILL BE PROTECTED BY OUR

LAWS FROM PROSECUTION. THAT'S SOMETHING WE REALLY NEED TO THINK

ABOUT. I WOULD URGE MY COLLEAGUES TO REJECT THIS MEASURE. THANK YOU.

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.)

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. WE ARE

IN EXTRAORDINARY TIMES. I THOUGHT LONG AND HARD ABOUT THIS PARTICULAR

PROPOSAL AND I THOUGHT ABOUT THE CIVIL LIBERTIES ASPECTS OF IT, BUT IN

THINKING ABOUT IT, I TOOK A LOOK AT THE CONSTITUTION OF THE UNITED STATES,

AND I TOOK A LOOK AT WHY WE PRESENTED THIS PROPOSAL VERSUS THE

MEASURES THAT WERE CONSIDERED WAY BACK WHEN, WHEN THIS, THE LAW

NYS ASSEMBLY MAY 21, 2019

WE'RE AMENDING, WAS ORIGINALLY ENACTED.

WE'RE SEEING IN WASHINGTON SOME EXTRAORDINARY

THINGS HAPPENING. WE'RE SEEING THE PRESIDENT OF THE UNITED STATES

THREATENING TO STYMIE THE CRIMINAL JUSTICE SYSTEM BY OVERTLY DANGLING

PARDONS IN FRONT OF WITNESSES. AND WE'RE SEEING A CONGRESS THAT IS

TRYING TO INVESTIGATE MATTERS TO WHICH THOSE WITNESSES WOULD TESTIFY

BEING STYMIED.

OUR DEMOCRACY SURVIVES BECAUSE WE HAVE CHECKS AND

BALANCES. WHEN THOSE CHECKS AND BALANCES ARE BEING THWARTED, WE

MUST RESORT TO A SECOND BACK-UP, WHICH IS OUR SYSTEM WHERE WE HAVE --

WHERE WE HAVE DUAL SOVEREIGNTY. THE UNITED STATES SUPREME COURT

HAS SAID THAT THERE IS NO PROHIBITION TO INDIVIDUAL SOVEREIGNS

PROSECUTING ON THE SAME SET OF FACTS. WE, IN NEW YORK, AS A POLICY

MATTER SAID IN SOME CIRCUMSTANCES WE WILL NOT DO THAT, BUT WE HAVE, AS

A RIGHT, TO CHANGE THE CIRCUMSTANCES. I HAVE HEARD HERE TODAY PEOPLE

SAYING WE'RE GOING TO END UP WITH A SITUATION WHERE PEOPLE

COMMITTING THE SAME CRIME WILL NOT BE PROSECUTED. WELL, LET US

CONSIDER WHO IS BEING PROTECTED. THE PEOPLE WHO WILL BE PROTECTED

WITHOUT OUR CHANGING THIS, ARE A GROUP OF PEOPLE WHO HAVE INFLUENCE.

ACTING SPEAKER AUBRY: MR. ABINANTI, HOW

DO YOU VOTE?

MR. ABINANTI: SO WHAT WE'RE DOING IS GIVING THE

PROSECUTION -- (INDICATING)

ACTING SPEAKER AUBRY: SIR, DON'T WAVE ME

OFF. I ASKED YOU HOW YOU VOTE. YOUR TIME IS UP.

NYS ASSEMBLY MAY 21, 2019

MR. ABINANTI: I'M VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. ONLY

BECAUSE THIS HAS NOT BEEN MENTIONED BEFORE NOW AND JUST FOR THE

BENEFIT OF MY COLLEAGUES, WE'VE RECEIVED WRITTEN OPPOSITION FROM THE

NEW YORK CIVIL LIBERTIES UNION WHICH, AS WE ALL KNOW, IS A CIVIL

RIGHTS ORGANIZATION, SINCE WE'RE TALKING ABOUT CIVIL RIGHTS,

REPRESENTING NEARLY 50,000 MEMBERS IN OUR STATE. THEIR STATED

MISSION IS TO DEFEND AND PROMOTE THE FUNDAMENTAL PRINCIPLES AND

VALUES EMBODIED IN THE BILL OF RIGHTS, THE U.S. CONSTITUTION AND THE

NEW YORK STATE CONSTITUTION, INCLUDING FREEDOM OF SPEECH, FREEDOM

OF RELIGION AND THE RIGHT TO PRIVACY, EQUALITY AND DUE PROCESS OF LAW.

THEY HAVE SAID IN RELEVANT PART, THAT THEY'RE OPPOSED TO THIS BILL

BECAUSE INDIVIDUALS SHOULD NOT LIVE IN FEAR OF VINDICTIVE GOVERNMENT

ACTION THAT CAN WEAR THEM DOWN AND SUBJECT THEM TO EXPENSE,

EMBARRASSMENT, ANXIETY AND INSECURITY BY REPEATEDLY TRYING THEM IN

DIFFERENT VENUES UNTIL THEY SECURE A CONVICTION.

I DON'T SEE HOW WE REALLY SHOULD BE SUPPORTING THIS

AND I DO NOT SUPPORT IT. I'LL BE VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. SINCE I'M NEW HERE AND I'VE BEEN HEARING ABOUT CRIMINAL

NYS ASSEMBLY MAY 21, 2019

JUSTICE REFORM, AND WE'VE BEEN TALKING ABOUT THESE THINGS ABOUT NOT

PROSECUTING PEOPLE. YESTERDAY, WE DEBATED A BILL ABOUT A CLASS E

FELONY FOR UNDETECTABLE FIREARMS. I RAISED THE ISSUE THAT IT ALLOWS

POTENTIALLY TERRORISTS TO JUST GET A DESK APPEARANCE TICKET AND WALK OUT.

THIS UNFORTUNATELY TO ME JUST LOOKS LIKE A POLITICAL GAME AND IT IS

MAKING IT -- THIS FLIES IN THE FACE OF CRIMINAL JUSTICE REFORM THAT WE

KEEP HEARING ABOUT, SO I'M GOING TO BE VOTING IN THE NEGATIVE. IT'S A

SLIPPERY SLOPE. THANK YOU.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

NEGATIVE.

MR. PALUMBO.

MR. PALUMBO: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO ABSTAIN FROM VOTING FOR THE PURPOSES OF EXPLAINING MY

VOTE, AS WELL. AND, REALLY, IN A NUTSHELL, THIS SORT OF -- AND AS

MENTIONED BY SOME OF MY COLLEAGUES, THIS LEGISLATION IS PUTTING MORE

PEOPLE IN THE WAY OF ADDITIONAL PROSECUTIONS. AND DOUBLE JEOPARDY IS

SOMETHING WE'VE TALKED ABOUT AT LENGTH AND, IN FACT, WE HAD THE

PROSECUTORIAL COMMISSION BILL A FEW YEARS AGO WHICH, AT THAT POINT,

ALLOWED A SUBSEQUENT CRIMINAL PROSECUTION ON THE STATE LEVEL AND THAT

WAS, QUITE OBVIOUSLY, VERY OFFENSIVE TO MANY OF US IN THIS BODY.

SO, NOW WHEN WE'RE TALKING ABOUT DEALING WITH ALL

THESE OTHER ISSUES REGARDING CRIMINAL JUSTICE REFORM AND THEN WE HAVE

SOMETHING LIKE THIS COME FORWARD WHICH, OF COURSE, IS RELEVANT TO THE

TIMES, AS THE NEW YORK CIVIL LIBERTIES UNION WHO IS TYPICALLY AND, I

WOULD SAY, ALWAYS ON THE SIDE OF CIVIL LIBERTIES, IS OPPOSED TO THIS, THAT

NYS ASSEMBLY MAY 21, 2019

IT'S SOMETHING THAT IS GOOD FOR THE DAY, I THINK FOR THE POLITICAL CLIMATE,

SADLY, AND THAT THE SHORT-TERM SATISFACTION, AS MENTIONED BY ONE OF MY

COLLEAGUES, DERIVED FROM THESE INDIVIDUAL -- INDIVIDUAL CASES ARE NOT

WORTH THE LONG-TERM DAMAGE THIS MEASURE WILL DO TO OUR CRITICAL

PROTECTIONS FOR ALL PEOPLE ACCUSED OF CRIMES.

THIS MAY ALSO LEAD US DOWN A SLIPPERY SLOPE, WHERE

WE'RE NOW ALLOWING, AGAIN, FOR POLITICAL PURPOSES, ADDITIONAL

PROSECUTIONS AGAINST SOMEONE JUST BECAUSE THEY MAY NOT NECESSARILY

COMPORT WITH OUR POLITICAL IDEALS, BUT THE CONSTITUTION RESERVES CERTAIN

POWERS TO THE EXECUTIVE, AND THE EXECUTIVE IN EVERY STATE, INCLUDING

THIS ONE, AS WELL AS THE EXECUTIVE ON THE FEDERAL LEVEL, ALWAYS HAS THE

OBLIGATION TO EXCUSE SOMEONE'S CONDUCT THAT HAS CONVICTED CRIMINAL

CONDUCT. SO, AGAIN, I THINK THIS IS A VERY DANGEROUS NOTION. I

WITHDRAW MY REQUEST AND I VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. PALUMBO IN THE

NEGATIVE.

MR. LAVINE.

MR. LAVINE: THANK YOU, MR. SPEAKER. SO, THERE

WAS A REFERENCE TO THIS BILL BEING FAULTY BECAUSE IT IS A BILL OF

ATTAINDER. IT IS ANYTHING BUT A BILL OF ATTAINDER. BILLS OF ATTAINDERS

WERE LEGISLATIVE ACTS, VERY OFTEN DONE IN THE ENGLISH LEGISLATURE,

DECLARING AN INDIVIDUAL, NOT A GROUP OF PEOPLE, BUT A SPECIFIC

INDIVIDUAL GUILTY OF A CRIME. AND IN THOSE DAYS, IN THE DAYS THE

CONSTITUTION WAS DRAFTED, EVEN PETTY CRIMES, PETTY THEFT, CARRIED CAPITAL

PUNISHMENT WITH IT. SO, IT'S DECLARING AN INDIVIDUAL BY A LEGISLATURE

NYS ASSEMBLY MAY 21, 2019

GUILTY OF A CRIME AND IMPOSING SENTENCE WITHOUT TRIAL, AND THAT'S WHY

THIS IS OUTLAWED IN ARTICLE I, SECTION 9, CLAUSE 3 OF THE CONSTITUTION.

WHAT WE ARE DOING HERE TODAY IS WE ARE TAKING AN

AFFIRMATIVE STEP TO STOP A CORRUPTION OF AN EXECUTIVE'S PARDONED POWER

AND PARDON AUTHORITY WHICH IS LIMITLESS. NOW, I DON'T KNOW IF THE

PRESENT OCCUPANT OF THE WHITE HOUSE IS GOING TO ENGAGE IN ANY OF THE

CONDUCT THAT'S GOING TO BE ADDRESSED BY THIS PARTICULAR BILL, BUT I DO

FEAR THE EFFECT OF PRECEDENT, AND I FEAR WHAT WILL HAPPEN IN DAYS TO

COME WHEN ANOTHER PRESIDENT OCCUPIES THAT OVAL OFFICE AND LOOKS TO

THIS PRESIDENT TODAY FOR AUTHORITY AND FOR THE OKAY, IN EFFECT, TO TAKE

CERTAIN ACTIONS.

SO, I THINK THIS IS A -- AN EXTRAORDINARILY GOOD BILL AND

I NOT ONLY THINK THAT I AM -- AND I KNOW I'M GOING TO VOTE FOR IT, BUT I

THINK THAT WE ARE, TODAY, IN THIS LEGISLATURE, ACTING IN THE BEST SENSE OF

WHAT THE FOUNDERS WOULD HAVE WANTED US TO DO AND I WILL, THEREFORE,

VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MR. BLAKE.

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

TO NOT ONLY COMMEND THE SPONSOR HERE AND ALSO IN THE SENATE SIDE, BUT

COMMEND OUR ATTORNEY GENERAL FOR HER LEADERSHIP ON THIS ISSUE. I

WANT TO -- I FIND IT A LITTLE BIT IRONIC THAT WE'RE TALKING SO MUCH ABOUT

CRIMINAL JUSTICE REFORM. I WOULD REALLY HOPE THAT OUR COLLEAGUES WOULD

BE THIS ADAMANT ABOUT DISCUSSING CRIMINAL JUSTICE REFORM ON OTHER

NYS ASSEMBLY MAY 21, 2019

MATTERS. NOW, AS IT RELATES TO THIS ONE HERE, WHY ARE WE HERE AT THIS

MOMENT? BECAUSE WE ARE DEALING WITH CHALLENGES THAT WE HAVE NOT

SEEN BEFORE AT THIS HOUR. WHEN IT'S BEEN CONVEYED THAT WE DON'T ACT IN

PRESENT MOMENT, THAT'S JUST NOT TRUE. WE'VE SEEN THAT IN OTHER INSTANCES

AND USING THE CRIMINAL JUSTICE REFERENCE, WHETHER IT BE RAISE THE AGE,

WHETHER IT BE SPEEDY TRIAL, WHETHER IT BE OPEN DISCOVERY, AND WE ARE IN

AN ENVIRONMENT WHERE WE ARE DEALING WITH A CRIMINAL IN THE WHITE

HOUSE, AND WE CAN TRY TO IGNORE THAT REALITY, BUT THAT IS THE CASE.

WE ARE IN A SPACE RIGHT NOW WHERE IT IS IRRESPONSIBLE

FOR US TO IGNORE THAT DYNAMIC. WE ARE IN A SPACE RIGHT NOW, MR.

SPEAKER, WHERE WE HAVE SEEN JUST THIS WEEK ALONE THAT DEUTSCHE BANK

STAFF CONVEYED THAT THEY ACTUALLY RAISED THEIR CONCERNS MULTIPLE TIMES

AND THEY WERE IGNORED. WE HAVE AN ENVIRONMENT WHERE PEOPLE ARE

BELIEVING THAT THEIR ABSOLUTELY UNETHICAL BEHAVIOR COULD GO UNNOTICED

AND THAT WE WOULD ALLOW THAT TO CONTINUE. WE NEED FOR THIS KIND OF

LEGISLATION TO HAPPEN AND AS PUTTING ON MY HAT OUTSIDE OF THIS BUILDING,

WE HAVE SEEN THE DATA THAT HAS BEEN TAKEN FROM US, WE HAVE SEEN THE

CHALLENGES THAT HAVE HAPPENED TO US AND IT WOULD BE IRRESPONSIBLE FOR

US NOT TO ACT IN THIS MANNER. YOU CANNOT ALLOW FOR SUCH BEHAVIOR TO

CONTINUE WITHOUT RESPONSIBLE LEADERSHIP, AND THAT'S WHAT THIS BILL IS

DEMONSTRATING.

I'M A PROUD CO-SPONSOR ON THIS BILL AND I'M PROUDLY

RECOGNIZING THAT THIS NEEDS TO HAPPEN. I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BLAKE IN THE

AFFIRMATIVE.

NYS ASSEMBLY MAY 21, 2019

MS. WALKER.

MS. WALKER: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO ABSTAIN IN ORDER TO EXPLAIN MY VOTE. SO, I DO WANT TO

COMMEND, OF COURSE, THE SPONSOR OF THIS BILL FOR HAVING THE COURAGE AS

TO BRING FORTH SUCH AN IMPORTANT PIECE OF LEGISLATION. OF COURSE, TO OUR

ATTORNEY GENERAL, LETITIA JAMES, IN HER EFFORT FOR MAKING SURE THAT THIS

INITIATIVE IS SOMETHING THAT WE'RE ABLE TO VOTE ON TODAY IN THIS HOUSE.

ONE OF THE THINGS THAT I NOTICED THIS MORNING WAS AN

OUTRIGHT DEFIANCE FROM THIS ADMINISTRATION WITH RESPECT TO A HEARING

THAT'S BEING HELD WHERE EVEN IN THE FACE OF A SUBPOENA, IF THEY MAKE A

DECISION THAT THEY'RE NOT GOING TO SHOW UP, THEY WON'T SHOW UP. AND I

DON'T BELIEVE THAT THIS PARTICULAR BILL NECESSARILY SAYS THAT A PERSON WILL

BE TRIED FOR THE SAME THING TWICE, BUT WHAT IT DOES DO IS THAT IT PROVIDES

A PROCEDURAL SAFEGUARD SO THAT ANY PARTICULAR PRESIDENT WHO DECIDES

THAT THEY'RE GOING TO ISSUE A PARDON FOR FAVORS OR FOR ANY OTHER REASON

THAT WE THINK OF THAT DOES NOT PROVIDE THE LEVEL OF TRANSPARENCY THAT WE

ALL DESIRE AS A NATION, OF COURSE, AS A STATE, THAT THEY WILL KNOW THAT IF

THEY CHOOSE TO MAKE THIS ACTION THAT NEW YORK STATE WILL ALWAYS BE

WATCHING AND WILL ALWAYS BE ON THE LOOKOUT, AND THAT IF NECESSARY, THAT

WE WILL PROSECUTE THAT TO THE PARTICULAR FULLEST EXTENT OF THE LAW.

SO, I AM PROUD TO VOTE ON THIS LEGISLATION TODAY. ONE

OF THE THINGS THAT WE RECOGNIZE IN DOUBLE JEOPARDY IS THAT DOUBLE

JEOPARDY DICTATES THAT YOU CAN'T BE TRIED UNDER THE SAME FEDERAL LAW

TWICE. BUT IT DOES NOT DICTATE THAT THE STATE DOES NOT HAVE THE

OPPORTUNITY TO BE ABLE TO DICTATE AND BRING TO PROSECUTION ANYBODY

NYS ASSEMBLY MAY 21, 2019

WHO DEFIES THIS LAW. SO, MR. SPEAKER, I WITHDRAW MY ABSTENTION AND

PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALKER IN THE

AFFIRMATIVE.

MS. SIMON.

MS. SIMON: THANK YOU, MR. SPEAKER. I JUST WANTED

TO SAY THAT THIS IS A BILL THAT IS NARROWLY DRAFTED TO ADDRESS WRONGDOING,

TO ADDRESS LAWLESSNESS OF A SPECIFIC TYPE, AND IT IS NOT A BILL OF

ATTAINDER. IT IS NOT POLITICAL. CRIMES CAN OCCUR IN THE CONTEXT OF

POLITICS. THIS IS ABOUT LAWLESSNESS AND I'M VERY HONORED AND

PRIVILEGED TO BE ABLE TO VOTE FOR THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. BUCHWALD.

MR. BUCHWALD: THANK YOU, MR. SPEAKER. MR.

SPEAKER, THE PARDON POWER, INCLUDING THE FEDERAL PARDON POWER BY THE

PRESIDENT, IS ABSOLUTE. IT HAS ALMOST NO LIMIT ON IT. NO REASON NEEDS TO

BE GIVEN, NO EXPLANATION NEEDS TO BE GIVEN. ONCE IT HAPPENS, BASICALLY

IT CAN'T BE UNDONE AT THE FEDERAL LEVEL. ONE OF THE VERY, VERY FEW

CHECKS UNDER THE FEDERAL PARDON POWER IS THE ABILITY OF STATES TO MAKE

THEIR OWN DECISION ABOUT WHETHER STATE LAWS HAVE BEEN VIOLATED. AND

WE PUT IN PLACE HERE IN NEW YORK A BASIC APPROACH WHICH SAID WE'LL

GENERALLY RESPECT FEDERAL PARDONS, HOWEVER WHEN THAT RULE WAS PUT IN

PLACE, IT WAS NOT NEARLY AS CLEAR AS IT IS TODAY THAT QUITE POSSIBLY A

PRESIDENT COULD DECIDE THAT A FAMILY MEMBER, A CAMPAIGN WORKER, A

NYS ASSEMBLY MAY 21, 2019

CABINET OFFICIAL OR SOMEONE WITH CLOSE PROXIMITY WOULD BE POTENTIALLY

PARDONED FOR AN IMPROPER PURPOSE, AS NEW YORK STATE DETERMINES.

SO, TO HAVE A BILL LIKE THIS THAT GIVES PROSECUTORS AND

LAW ENFORCEMENT IN NEW YORK AN OPPORTUNITY TO INDEPENDENTLY

EVALUATE WHETHER PROSECUTION IN NEW YORK IS APPROPRIATE IS SOMETHING

THAT WE VERY MUCH SHOULD BE DOING. I WANT TO COMMEND THE SPONSOR

OF THIS BILL FOR BRINGING IT FORWARD AND TO THE ATTORNEY GENERAL FOR

ADVANCING A BILL THAT RECOGNIZES THE GREAT TRADITIONS OF THE STATE OF

NEW YORK, BUT ALSO RECOGNIZES THAT WE DO NOT HAVE TO STAND IDLY BY,

WE CAN ACTUALLY MAKE POLICY WITH OUR EYES OPEN. THANK YOU VERY

MUCH, MR. SPEAKER, I VOTE YES.

ACTING SPEAKER AUBRY: MR. BUCHWALD IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, ON BEHALF

OF OUR COLLEAGUE, MS. GRIFFIN, SHE HAS GUESTS IN OUR CHAMBERS [SIC] AND

WE WOULD LIKE IT IF YOU WOULD OFFER THEM A WELCOME. THEY'RE FROM THE

VILLAGE OF ROCKVILLE CENTER. IT IS THE MAYOR, FRANCIS X. MURRAY, AND

HIS WIFE, BARBARA MURRAY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. GRIFFIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF

NYS ASSEMBLY MAY 21, 2019

THE FLOOR. THANK YOU FOR YOUR PUBLIC SERVICE. THANK YOU FOR YOUR

INTEREST IN YOUR OWN COMMUNITY AND THE LEADERSHIP YOU PROVIDE. YOU

ARE ALWAYS WELCOME HERE. THIS IS THE PEOPLE'S HOUSE. THANK YOU SO

VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: HOUSEKEEPING.

ON A MOTION BY MS. SIMON, PAGE 10, CALENDAR NO.

133, BILL NO. 3050, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE HAVE NUMEROUS FINE RESOLUTIONS, WE WILL 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. 431-435

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY, MAY THE

22ND, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:57 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, MAY 22ND AT 10:00 A.M., WEDNESDAY

BEING A SESSION DAY.)