WEDNESDAY, MAY 29, 2019 2:39 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

THE REVEREND ELIA WILL OFFER A PRAYER.

REVEREND DONNA ELIA: LET US PRAY. O GOD

WHOM WE CALL BY MANY NAMES, THANK YOU FOR THIS MOMENT TO REFLECT

UPON OUR PART IN BUILDING A MORE JUST STATE, NATION AND WORLD. THANK

YOU FOR EACH LEGISLATOR AND STAFF PERSON AND VISITOR. EMPOWER THEIR

WORK AS ONCE AGAIN, THEY TAKE ON THE MANTLE OF PUBLIC SERVICE. BE IN

THEIR THINKING, IN THEIR LISTENING AND SPEAKING, DELIBERATING AND

DECISION-MAKING. GIVE TO EACH ONE COURAGE AND CONVICTION. YOU GIFT

US WITH ALL MANNER OF ABILITIES AND AS WE HONOR DISABILITY AWARENESS

DAY, GIVE THIS ASSEMBLY AND ALL OF US THE WILL TO WORK FOR JUSTICE AND

ACCESS FOR ALL PEOPLE. HELP US CREATE SPACE THAT WORKS FOR ALL. HEAR

NYS ASSEMBLY MAY 29, 2019

THE VOICES OF ALL, WHETHER SPOKEN OR SIGNED, AND HELP US TO EMBRACE

DIVERSITY. AS THIS BODY NOW MOVES TO THE BUSINESS AT HAND, FILL THEM

WITH ENERGY, INTELLIGENCE AND RESPECT. STRENGTHEN THE WEARY AND BLESS

ALL THEIR DEAR ONES. EMPOWER EACH OF US IN OUR OWN LIVES TO BE

PEACEMAKERS. IN YOUR HOLY NAME WE PRAY, AMEN.

MEMBERS: AMEN.

ACTING SPEAKER AUBRY: 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 TUESDAY, MAY 28TH.

MRS. PEOPLES-STOKES.

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

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY,

MAY THE 28TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I APPRECIATE THE OPPORTUNITY TO OFFER ON THIS DISABILITY

AWARENESS DAY A QUOTE THAT I THINK SPEAKS VOLUMES ABOUT THE BENEFITS

OF PLANTING SEEDS, BOTH IN GROUND AND IN PEOPLE. IT IS BY ROBERT LOUIS

STEVENSON AND IT SAYS, "DON'T JUDGE EACH DAY BY THE HARVEST YOU REAP,

BUT BY THE SEEDS THAT YOU PLANT." WITH THAT MR. SPEAKER, I WOULD LIKE

NYS ASSEMBLY MAY 29, 2019

TO ADVISE OUR MEMBERS THAT THERE IS ON THEIR CALENDAR -- DESK A

CALENDAR WITH 101 NEW BILLS ON IT, BEGINNING WITH CALENDAR NO. 364

ON PAGE 4. AND AFTER ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL

TAKE UP RESOLUTIONS ON PAGE 3, INCLUDING ONE BY MR. STECK IN

ASSOCIATION WITH TODAY'S LEGISLATIVE DISABILITIES AWARENESS DAY.

OUR PRINCIPAL WORK OF THE DAY WILL BE TO CONSENT NEW

BILLS AND TO TAKE UP THE ASSEMBLY'S LEGISLATIVE DISABILITY AWARENESS

PACKAGE. WE WILL ALSO TAKE UP OTHER BILLS FROM THE MAIN CALENDAR.

MEMBERS SHOULD ALSO KNOW THAT THERE WILL BE A NEED FOR A FEW

COMMITTEES OFF THE FLOOR TODAY: BANKS, ENVIRONMENTAL CONSERVATION,

HOUSING, RACING AND WAGERING AND LOCAL GOVERNMENTS. FOR MAJORITY

MEMBERS, THERE IS A NEED FOR A DEMOCRATIC CONFERENCE AT THE

CONCLUSION OF SESSION TODAY. AS ALWAYS, MR. SPEAKER, WE WILL CONSULT

WITH OUR COLLEAGUES ON THE OTHER SIDE TO SEE WHAT THEIR NEEDS ARE.

WITH THAT AS A GENERAL OUTLINE, IF THERE ARE ANY

INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: WE DO HAVE

HOUSEKEEPING.

ON A MOTION BY MR. ABINANTI, PAGE 32, CALENDAR NO.

178, BILL NO. A01370-B, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. WEPRIN, PAGE 44, CALENDAR NO.

335, BILL NO. A02484, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF A [SIC] INTRODUCTION, MS. ROZIC.

MS. ROZIC: THANK YOU, MR. SPEAKER, AND MADAM

MAJORITY LEADER. I HAVE THE PLEASURE TODAY OF INTRODUCING THE 7TH

NYS ASSEMBLY MAY 29, 2019

GRADE STUDENTS OF THE ABRAHAM JOSHUA HESCHEL SCHOOL. THE HESCHEL

SCHOOL IS A K-12 SCHOOL, A PLURALISTIC AND EGALITARIAN COMMUNITY THAT

INCLUDES FAMILIES FROM A WIDE RANGE OF JEWISH BACKGROUNDS, PRACTICES

AND BELIEFS FOUNDED IN 1983. THE 7TH GRADE STUDENTS ARE WITH US

TODAY, TOGETHER WITH THEIR 7TH GRADE DEAN, IN THE PURSUIT OF THEIR

MISSION: BUILDING BRIDGES BETWEEN DIFFERENT SECTORS OF THE JEWISH

COMMUNITY AND BETWEEN THE JEWISH COMMUNITY AND OTHER

COMMUNITIES IN AN EFFORT TO UNITE HUMAN BEINGS THROUGH JUSTICE, SHARED

HUMANITY AND MUTUAL RESPECT.

THE HESCHEL SCHOOL IS NATIONALLY-RENOWNED FOR THE

VALUES AND -- FOR ITS VALUES AND REMAINS DEDICATED TO ITS VISION TO

CREATE A LEARNING ENVIRONMENT THAT EXEMPLIFIES EXCELLENCE IN

EDUCATION, APPRECIATION OF THE NEEDS OF THE WHOLE CHILD, COMMITMENT

TO JEWISH LIFE AND RESPONSIBILITY TO JEWISH AND WORLD COMMUNITIES. IT'S

MY HONOR TODAY TO ASK IF YOU WOULD EXTEND THE CORDIALITIES OF THE FLOOR

TO WELCOME THE 7TH GRADE CLASS OF THE ABRAHAM JOSHUA HESCHEL SCHOOL

TO THE PEOPLE'S HOUSE. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. ROZIC, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS 7TH

GRADE CLASS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. THANK YOU FOR SHARING YOUR DAY WITH US.

HOPEFULLY YOU WILL ENJOY THE PROCEEDINGS HERE IN ALBANY. THANK YOU

SO VERY MUCH. FEEL FREE TO COME BACK.

(APPLAUSE)

MR. MCDONALD FOR THE PURPOSES OF A [SIC]

NYS ASSEMBLY MAY 29, 2019

INTRODUCTION.

MR. MCDONALD: THANK YOU, MR. SPEAKER. TODAY

WE HAVE THREE GUESTS IN THE CHAMBER WHO I'D LIKE TO INTRODUCE:

SHAMEKA ANDREWS AND COURTNEY DEHASIS (PHONETIC), AND THE

EXECUTIVE DIRECTOR OF THE SPINA BIFIDA ASSOCIATION, JULIA DUFF.

TOMORROW WE'LL BE ADOPTING A RESOLUTION DECLARING OCTOBER AS SPINA

BIFIDA AWARENESS MONTH HERE IN THE STATE OF NEW YORK. THEY'RE HERE

TODAY, OF COURSE, ON DISABILITY ADVOCACY DAY DOING WHAT THEY DO BEST,

WHICH IS ADVOCATE. AS MANY PEOPLE KNOW, SPINA BIFIDA IS THE MOST

COMMON, PERMANENTLY-DISABLING BIRTH DEFECT THAT IS ASSOCIATED WITH

LIFE IN THE UNITED STATES. IT OCCURS WHEN A BABY'S NEURAL TUBE FAILS TO

DEVELOP OR CLOSE PROPERLY. THE LITERAL MEANING OF SPINA BIFIDA IS

"SPLIT SPINE." TYPICALLY, THIS OCCURS WITHIN THE FIRST 28 DAYS OF

PREGNANCY WHILE THE NEURAL TUBE IS FORMING. SPINA BIFIDA IS

COMMONLY KNOWN AS "SNOWFLAKE CONDITION", A BIRTH DEFECT, BECAUSE NO

TWO CASES ARE THE SAME. SPINA BIFIDA CAN RANGE FROM VERY MILD TO

SEVERE. THE SEVERITY DEPENDS ON EVERYTHING, FROM THE SIZE OF THE

OPENING, TO THE LOCATION OF THE SPINE.

MR. SPEAKER, SPINA BIFIDA AWARENESS MONTH IS TO

RAISE AWARENESS REGARDING THE CHALLENGES OF LIVING WITH SPINA BIFIDA

AND THE STEPS THAT CAN BE TAKEN TO PREVENT IT. IT IS THE HOPE THAT THIS

MONTH OF AWARENESS IN OCTOBER WILL ALSO REMIND ALL NEW YORKERS THAT

PEOPLE WITH SPINA BIFIDA ARE NOT DEFINED BY THEIR CONDITION. MR.

SPEAKER, IF YOU CAN PLEASE WELCOME THESE FRIENDS, THE INDIVIDUALS TO

THE CHAMBER, I WOULD SINCERELY APPRECIATE IT.

NYS ASSEMBLY MAY 29, 2019

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MCDONALD, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

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

THE FLOOR. THANK YOU FOR THE WORK THAT YOU'RE DOING TO HELP THOSE

AFFLICTED WITH THIS DISEASE. PLEASE CONTINUE THAT WORK AND KNOW THAT

YOU'RE ALWAYS WELCOME HERE. THANK YOU.

(APPLAUSE)

MR. REILLY.

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

FOR AN INTRODUCTION FOR A YOUNG MAN WHO NOT ONLY IS WELL-ROUNDED AND

A GREAT ASSET TO OUR COMMUNITY, HE IS MY FRIEND, JOEY SCHAFFER, WHO IS

ACCOMPANIED BY HIS DAD, JOSEPH SCHAFFER. I'VE GOTTEN TO KNOW THE

FAMILY OVER THE YEARS, AND JOEY IS SIMPLY JUST REMARKABLE.

AND I CAN'T SAY IT IN WORDS, BUT ONE OF HIS TEACHERS

WAS KIND ENOUGH TO GIVE ME SOME WORDS TO SHARE AND I JUST WANT TO

GIVE YOU A LITTLE BIT ABOUT -- A LITTLE INSIDE INTO WHO JOEY IS. "JOEY

SCHAFFER IS THE MOST INTELLIGENT, CARING, HARD WORKING AND

WELL-ROUNDED STUDENT I HAVE EVER HAD THE HONOR OF WORKING WITH IN MY

16-YEAR CAREER. NO MATTER WHAT THE CHALLENGE, JOEY STEPPED UP, TRIED IT

AND ASKED FOR GUIDANCE WHEN NEEDED, AND COMPLETED IT TO THE BEST OF

HIS ABILITY. HE GREW NOT ONLY ACADEMICALLY IN THE YEARS THAT I HAVE

KNOWN HIM, BUT EMOTIONALLY. HE REPRESENTS HIMSELF CLEARLY, WITH

EMPATHY AND CONSISTENTLY HAS THE BEST INTENTIONS TO LEARN NOT ONLY

ABOUT ACADEMICS, BUT ABOUT REAL LIFE. SINCE COMPLETING THE YEAR AS HIS

4TH GRADE TEACHER, JOEY AND I CONTINUE TO WORK TOGETHER. HE IS

NYS ASSEMBLY MAY 29, 2019

CURRENTLY MY MONITOR FOR MY CLASSROOM, THE RESPONSIBILITIES ARE TO FILE,

CHECK HOMEWORK, COUNT COPIES, ET CETERA; HOWEVER, THROUGHOUT THE

YEAR, JOEY HAS ALSO FULFILLED THE ROLE OF PEER TUTOR. IN MY CURRENT 3RD

GRADE ICT CLASS, THAT SUPPORT IS INVALUABLE. I ALWAYS KNEW AND STILL

KNOW THAT JOEY WILL GROW UP TO BE SUCCESSFUL IN WHATEVER CAREER HE

CHOOSES, AS WELL AS A TERRIFIC HUMAN BEING. HIS PARENTS HAVE RAISED AN

INCREDIBLE YOUNG MAN, AND I AM PROUD TO KNOW HIM." MS. KRISSIE

HORLEBEIN, HIS 4TH GRADE TEACHER.

JOEY IS CURRENTLY AN 8TH GRADER -- 7TH GRADER, I'M

SORRY, AT THE GEORGE WILCOX SCHOOL IN STATEN ISLAND AND I JUST WISH

THAT WE CAN ALL WELCOME HIM AND SHOW HIM THE CORDIALITIES OF THE

HOUSE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. REILLY, JOEY, WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY, YOU AND YOUR FATHER. WE COMMEND YOU ON THE WORK THAT

YOU'RE DOING IN HELPING OTHERS IN YOUR SCHOOL. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR AND THANK YOU FOR SHARING YOUR DAY WITH US HERE

IN ALBANY. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. STERN.

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

LEADER FOR THIS OPPORTUNITY TO INTRODUCE MY SPECIAL GUEST TODAY. IT'S A

PLEASURE TO INTRODUCE MY SON, HARRISON, TO ALL OF MY COLLEAGUES IN THE

NEW YORK STATE ASSEMBLY. HARRISON JUST COMPLETED HIS SOPHOMORE

YEAR AT CORNELL UNIVERSITY, SO HE HAD A COUPLE OF DAYS TO COME LET ME

NYS ASSEMBLY MAY 29, 2019

HANG WITH HIM IN OUR STATE'S CAPITOL. HE MAKES OUR ENTIRE FAMILY VERY

PROUD. MR. SPEAKER, WOULD YOU PLEASE JOIN ME IN WELCOMING HARRISON

STERN TO THE NEW YORK STATE ASSEMBLY AND OFFERING ALL THE CORDIALITIES

OF THE HOUSE AND THE PRIVILEGES OF OUR FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR FATHER, WE WELCOME YOU HERE, HARRISON, TO THE NEW YORK STATE

ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. YOU'RE FAMILY, SO

YOU'RE ALWAYS WELCOME HERE AND ONLY TO LET YOU KNOW THAT ONE OF MY

SONS IS A GRADUATE OF CORNELL, ALSO, SO I KNOW WHAT YOU'RE GOING

THROUGH. THANK YOU SO VERY MUCH, AND CONGRATULATIONS.

(APPLAUSE)

MR. PHILLIP STECK.

MR. STECK: MR. SPEAKER, ON LEGISLATIVE

DISABILITIES AWARENESS DAY, I AM VERY HONORED TO INTRODUCE AN

INDIVIDUAL WHO HAS BEEN A LEADER IN THE DISABILITY COMMUNITY IN NEW

YORK FOR MANY YEARS. FIFTEEN YEARS AGO, WE CREATED AN ANNUAL

ADVOCACY AWARD IN THE NAME OF DR. HENRY VISCARDI, JR., A WELL-KNOWN

LONG ISLAND RESIDENT AND FOUNDER OF THE HENRY VISCARDI SCHOOL, FOR HIS

LIFE-LONG COMMITMENT TO ADVOCACY ON BEHALF OF PEOPLE WITH

DISABILITIES. DR. VISCARDI, BORN WITH A DISABILITY, DEDICATED HIS LIFE TO

ADVOCATING FOR DISABILITY RIGHTS, EVENTUALLY BECOMING A TRUSTED ADVISOR

TO EVERY U.S. PRESIDENT FROM FRANKLIN D. ROOSEVELT TO JIMMY CARTER.

AND AS WE KNOW, NOTHING PROVES MORE THE CAPABILITY OF PERSONS WITH

DISABILITIES THAN THE SERVICE OF FRANKLIN D. ROOSEVELT, A PERSON WITH

PHYSICAL DISABILITIES WHO SERVED FOUR TERMS AS OUR PRESIDENT.

NYS ASSEMBLY MAY 29, 2019

UPON DR. VISCARDI'S DEATH, WE DECIDED TO HONOR HIS

DEDICATION AND COMMITMENT TO ADVOCACY ON BEHALF OF PEOPLE WITH

DISABILITIES. THIS YEAR, I AM PRIVILEGED TO PRESENT BARBARA CROSIER,

VICE PRESIDENT AT CEREBRAL PALSY OF NEW YORK STATE, WITH THE 15TH

ANNUAL LEGISLATIVE DISABILITIES AWARD, DR. HENRY VISCARDI, JR.

ADVOCACY AWARD. SHE'S RESPONSIBLE FOR MANY YEARS OF ADVOCACY ON

BEHALF OF PERSONS WITH DEVELOPMENTAL DISABILITIES. SO, BARBARA,

CONGRATULATIONS. YOU TRULY DESERVE THIS RECOGNITION.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. PHILLIP STECK, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

YOU HERE TO THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. WE

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, AND OUR CONGRATULATION ON

SUCH A PRESTIGIOUS AWARD; WELL-DESERVED, NO DOUBT. THANK YOU SO VERY

MUCH. KEEP UP THAT GREAT WORK.

(APPLAUSE)

MR. CUSICK.

MR. CUSICK: THANK YOU. THANK YOU, MR. SPEAKER.

TODAY BEING DISABILITIES DAY, I RISE TO INTRODUCE SOME GUESTS WHO

CAME UP FROM STATEN ISLAND. AS YOU KNOW, EVERY YEAR IN MY DISTRICT

WE -- WE SPONSOR AN ISLAND-WIDE DISABILITIES POSTER CONTEST, THE THEME

BEING "WHAT DISABILITY MEANS TO ME." AND EVERY YEAR WE GET

HUNDREDS OF STUDENTS THROUGHOUT STATEN ISLAND PARTICIPATING AND EVERY

YEAR, WE HONOR THE WINNERS OF THE CONTEST HERE IN A CEREMONY

DOWNSTAIRS IN THE WELL, EARLIER TODAY, AND WE INTRODUCE THEM ON THE

FLOOR IN FRONT OF OUR COLLEAGUES HERE IN THE ASSEMBLY.

NYS ASSEMBLY MAY 29, 2019

SO, TODAY, MR. SPEAKER, WE ARE JOINED BY SOME --

SOME GREAT YOUNG PEOPLE FROM STATEN ISLAND WHO I'D LIKE TO INTRODUCE

TO MY COLLEAGUES: DEREK LIU, DOMINIC TERRANOVA, FRANK RIZZI, OLIVIA

DITIZIO, SALVATORE D'ALESSANDRO AND JONAI PRINCE. MR. SPEAKER, WE

HAD A LARGE GROUP UP HERE TODAY. AS YOU KNOW, IT'S A LONG DAY TODAY,

BUT THESE ARE THE FOLKS WHO STAYED TO JOIN US HERE AT SESSION. OF

COURSE THEY ARE JOINED BY THEIR PARENTS AND THEIR GRANDPARENTS, WHICH

THEY WOULD NOT BE ABLE TO MAKE IT UP TO ALBANY WITHOUT, MR. SPEAKER,

SO WE DO WANT TO THANK THEM, ALSO.

SO, MR. SPEAKER, IF YOU COULD WELCOME THESE FINE

STUDENTS FROM STATEN ISLAND, THEIR GREAT PARENTS AND GRANDPARENTS TO THE

ASSEMBLY AND OFFER THEM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

EXTRAORDINARY STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY. WE

EXTEND TO YOU GUYS THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON

WINNING THE CONTEST, AND ALSO TO YOUR PARENTS AND GRANDPARENTS FOR

BEING THERE TO SUPPORT YOU. CONGRATULATIONS AND GOOD LUCK.

(APPLAUSE)

MR. PHILLIP STECK.

MR. STECK: THANK YOU, AGAIN, MR. SPEAKER. AT

THIS TIME AS -- AGAIN, AS PART OF DISABILITIES AWARENESS DAY, I WOULD

LIKE TO INTRODUCE PERSONS FROM THE NORTHERN REGIONAL CENTER FOR

INDEPENDENT LIVING. THESE CENTERS FOR INDEPENDENT LIVING ENABLE

PERSONS WITH DISABILITIES TO LIVE IN THEIR OWN HOMES, AND WE HAVE WITH

NYS ASSEMBLY MAY 29, 2019

US TODAY OLANDO LAWSON, CERTIFIED BENEFITS SPECIALIST, AND CHANELLE

BALLAM, SYSTEMS ADVOCATE. AND I'D ASK YOU, MR. SPEAKER, TO

WELCOME THEM TO THE ASSEMBLY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. PHILLIP STECK, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

THESE DISTINGUISHED INDIVIDUALS TO THE NEW YORK STATE ASSEMBLY,

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR JOINING US

HERE IN ALBANY KNOWING THAT YOU ARE ALWAYS WELCOME HERE. THANK

YOU SO VERY MUCH.

(APPLAUSE)

MR. MICHAEL MILLER.

MR. M. MILLER: THANK YOU, MR. SPEAKER. TODAY I

HAVE THE PLEASURE OF INTRODUCING A FRIEND FROM GLENDALE AND

RIDGEWOOD, PAT GRAYSON. PAT, COULD YOU STAND UP? PAT IS A MEMBER

OF THE RIDGEWOOD PROPERTY OWNERS, THE GLENDALE CIVIC ASSOCIATION,

104TH PRECINCT COMMUNITY COUNCIL, BUT, MORE IMPORTANTLY, PAT

DEVELOPED THE NEW YORK CITY RECYCLING PROGRAM THAT WE HAVE TODAY

AND SHE'S KNOWN AS "THE RECYCLING LADY" IN GLENDALE AND RIDGEWOOD.

SHE'S JOINED HERE TODAY BY HER GRANDDAUGHTER, OLIVIA DITIZIO, WHO IS

ONE OF THE WINNERS OF ASSEMBLYMAN CUSICK'S DISABILITY AWARENESS

CONTEST, AND WOULD YOU PLEASE EXTEND TO THEM THE CORDIALITIES OF THE

HOUSE. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MILLER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY FOR DUAL REASONS, CERTAINLY THE

NYS ASSEMBLY MAY 29, 2019

MOTHER OF RECYCLING IN THE CITY OF NEW YORK IS A GRAND TITLE, AND FOR

THAT GRANDCHILD WHO HAS DONE SO WELL AND MADE YOU PROUD. THANK

YOU SO VERY MUCH FOR JOINING US. WE EXTEND THE PRIVILEGES OF THE

FLOOR. HOPE YOU WILL COME BACK AND VISIT US AGAIN. THANK YOU.

(APPLAUSE)

MR. FINCH.

MR. FINCH: MR. SPEAKER, FOR THE PURPOSE OF

ACKNOWLEDGING THE PRESENCE OF THE CORTLAND COUNTY ACCESS FOR

INDEPENDENCE. WE HAVE WITH US TODAY AARON BAIER, WHO IS THE NEW

EXECUTIVE DIRECTOR, LAWRENCE WOOLHEATER, ALISON MCCABE, BRAEDON

SOPP, MARIA MCCURA AND JARETT WITHERS. THEY REPRESENT CORTLAND

COUNTY, THE ACCESS FOR INDEPENDENCE ORGANIZATION. NEWLY-ELECTED

APPOINTED DIRECTOR, BUT NO STRANGER HERE TO ALBANY. HE'S BEEN COMING

DOWN FOR YEARS, BEING AN ADVOCATE FOR THE PEOPLE OF THE CITY OF

CORTLAND AND THE COUNTY. PLEASE OFFER THEM ALL THE -- ALL THE

WELCOMING TO THIS GROUP.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

DISTINGUISHED CITIZENS OF CORTLAND COUNTY HERE TO THE NEW YORK STATE

ASSEMBLY, COMMEND YOU ON THE WORK THAT YOU'RE DOING TO HELP THOSE

WHO ARE IN NEED OF THAT HELP, AND ALSO HOPE THAT YOU WILL CONTINUE THAT

WORK. YOU ARE GIVEN THE PRIVILEGES OF THE FLOOR AND OUR UNDYING

GRATITUDE FOR THE WORK THAT YOU DO. THANK YOU VERY MUCH.

(APPLAUSE)

RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.

NYS ASSEMBLY MAY 29, 2019

THE CLERK: ASSEMBLY RESOLUTION NO. 448, MS.

JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2019, AS GLOBAL EMPLOYEE

HEALTH AND FITNESS 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. 449, MR.

ZEBROWSKI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM AUGUST 17, 2019, AS MODEL AVIATION

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE -- SIGNIFY BY SAYING AYE; OPPOSED,

NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 450, MR.

BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM WEDNESDAY, AUGUST 21ST, 2019, AS

ONION APPRECIATION DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; THOSE WHO ARE CRYING, NO. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 451, MR.

NYS ASSEMBLY MAY 29, 2019

STECK.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM WEDNESDAY, MAY 29, 2019, AS THE

NEW YORK STATE ASSEMBLY LEGISLATIVE DISABILITIES AWARENESS DAY FOR

THE -- IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; MR. STECK IS GOING TO INTERRUPT

ME.

MR. STECK ON THE RESOLUTION.

MR. STECK: SO, FIRST OF ALL I'D LIKE TO THANK SPEAKER

HEASTIE FOR APPOINTING ME AS CHAIR OF THE TASK FORCE ON PEOPLE WITH

DISABILITIES, AND AS NEW CHAIR OF THE TASK FORCE, I'M EXCITED TO

ANNOUNCE THAT TODAY WE ARE CELEBRATING THE 39TH ANNUAL LEGISLATIVE

DISABILITIES AWARENESS DAY.

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

STECK. THE GENTLEMAN HAS THE FLOOR. HE'S TALKING. YOU SHOULD NOT BE

TALKING.

CONTINUE.

MR. STECK: THANK YOU, MR. SPEAKER. WE WILL BE

TAKING UP A PACKAGE OF LEGISLATION IN HONOR OF DISABILITIES AWARENESS

DAY TO SHOW OUR COMMITMENT TO NEW YORK'S DISABILITY COMMUNITY.

EARLIER TODAY, SEVERAL OF MY COLLEAGUES AND I ENJOYED THE MANY EVENTS

OF THE DAY, INCLUDING AN EXHIBITER FAIR CONSISTING OF OVER 50

ORGANIZATIONS, TWO SEMINARS AND A VERY INSPIRING PHOTO CONTEST

COURTESY OF MEMBER CUSICK. WE THANK ALL WHO PARTICIPATED TODAY,

NYS ASSEMBLY MAY 29, 2019

AND THE KEY TO ALL OF THIS IS TO HONOR AND PROMOTE THE IMPORTANT GOALS

OF INTEGRATION, INCLUSION AND INDEPENDENCE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

MRS. PEOPLES-STOKES.

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

PLEASE CALL THE HOUSING COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM

FOR A MEETING?

ACTING SPEAKER AUBRY: COMMITTEE ON

HOUSING, SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THEN WE'LL GO TO PAGE 4,

MR. SPEAKER, CALENDAR NO. 364 BY MR. PERRY.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00086, CALENDAR NO.

364, PERRY, DICKENS, TAYLOR, BARRON, BLAKE, COLTON, COOK, WILLIAMS,

D'URSO, SEAWRIGHT. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

PROHIBITING AN INSURER FROM CANCELLING OR REFUSING TO RENEW OF

CONDITION ITS RENEWAL OF AUTOMOBILE INSURANCE POLICIES IN CERTAIN AREAS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00092-A, CALENDAR

NO. 365, PERRY, GALEF, MONTESANO. AN ACT TO AMEND THE BANKING LAW,

IN RELATION TO REQUIRING A BANK OR FINANCIAL INSTITUTION SELLING OR

TRANSFERRING A MORTGAGE DURING A MODIFICATION PROCESS TO PROVIDE THE

NYS ASSEMBLY MAY 29, 2019

BORROWER WITH A WRITTEN LIST OF ALL DOCUMENTS RELATING TO SUCH

APPLICATION FOR MODIFICATION THAT WERE PROVIDED TO THE BANK OR

FINANCIAL INSTITUTION TO WHICH SUCH MORTGAGE WAS SOLD OR TRANSFERRED;

AND RELATING TO THE OBLIGATIONS OF SUBSEQUENT MORTGAGE SERVICER SHALL

ASSUME ALL DUTIES AND OBLIGATIONS RELATED TO ANY PREVIOUSLY APPROVED

FIRST LIEN LOAN MODIFICATION OR OTHER FORECLOSURE PREVENTION ALTERNATIVE.

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.)

MRS. PEOPLES-STOKES.

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

IS OUR FIRST VOTE OF TODAY. IF COLLEAGUES ARE IN AND AROUND THE

CHAMBERS [SIC], IF THEY COULD VOTE WITH SOME SPEED, IT WOULD BE

GREATLY APPRECIATED. THIS IS THE FIRST VOTE OF THE DAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

NOW PROCEED WITH OUR LEGISLATIVE DISABILITY AWARENESS PACKAGE,

NYS ASSEMBLY MAY 29, 2019

BEGINNING WITH ASSEMBLY NO. 4236 BY MR. HEVESI. IT'S CALENDAR NO.

115, MR. SPEAKER, AND IT'S ON PAGE 28.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04236, CALENDAR NO.

115, HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY, EPSTEIN. AN ACT TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING FACTORS TO

BE CONSIDERED WHEN A HEALTH CARE PRACTITIONER UPON EXAMINATION HAS A

DIFFERENT OPINION FROM AN APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S

OPINION AS TO AN APPLICANT'S DISABILITY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. HEVESI, WILL YOU

YIELD? BUT OF COURSE MR. HEVESI WON'T YIELD UNTIL I HAVE SOME QUIET IN

THE CHAMBER. WE ARE ON DEBATE. IF YOU'RE NOT A PART OF THAT DEBATE,

YOU SHOULD BE SITTING AND OUT OF THE AISLES.

MR. HEVESI: MR. SPEAKER, AM I YIELDING OR

EXPLAINING?

ACTING SPEAKER AUBRY: IT APPEARS TO ME THAT

HE WANTED YOU TO YIELD IF I UNDERSTOOD HIM CORRECTLY.

MR. HEVESI: ALL RIGHT. I CAN ROLL WITH THAT, SURE.

ACTING SPEAKER AUBRY: MR. HEVESI WILL

NYS ASSEMBLY MAY 29, 2019

YIELD, MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THANK YOU, MR.

HEVESI.

MR. HEVESI: SIR.

MR. GOODELL: AS I UNDERSTAND THIS BILL, IT IS

FOCUSED ON THE PROCEDURE FOR EVALUATING WHETHER SOMEONE HAS A

DISABILITY THAT WOULD EXEMPT THEM FROM ANY WORK OR JOB TRAINING

REQUIREMENTS THAT ARE UNDER OUR CURRENT SOCIAL SERVICES LAW, CORRECT?

MR. HEVESI: YES.

MR. GOODELL: AND IF I'M NOT MISTAKEN, THERE'S

CURRENTLY A, I THINK YOU'D SAY A FOUR-PART PROCESS. FIRST, THE INDIVIDUAL

WHO IS SEEKING THE EXEMPTION SUBMITS AN APPLICATION SUPPORTED BY

DOCUMENTATION FROM HIS OWN PHYSICIAN AND IF THE DEPARTMENT AGREES

THAT THE DOCUMENTATION IS SUFFICIENT AND JUSTIFIES THE DETERMINATION,

THEY GRANT THE EXEMPTION, RIGHT? THAT'S THE FIRST STEP, IF YOU WILL.

MR. HEVESI: YES.

MR. GOODELL: AND THEN THE SECOND STEP IS IF FOR

SOME REASON THE LOCAL SOCIAL SERVICES DEPARTMENT DOES NOT BELIEVE

THAT THE DOCUMENTATION JUSTIFIES AN EXEMPTION OR THAT THE

DOCUMENTATION IS INADEQUATE, THEN THE DEPARTMENT OF SOCIAL SERVICES

CAN REFER IT OVER TO AN INDEPENDENT MEDICAL EXAM BY A PHYSICIAN THAT'S

BEEN APPROVED BY THE STATE OFFICE FOR TEMPORARY AND DISABILITY

ASSISTANCE; THAT WOULD BE THE SECOND STEP, CORRECT?

MR. HEVESI: YEAH, THEY'RE HIRED THROUGH THE SOCIAL

SERVICES DISTRICT, YES.

NYS ASSEMBLY MAY 29, 2019

MR. GOODELL: AND THEN THE THIRD STEP, IF THE

APPLICANT, FOR SOME REASON, DISAGREES WITH THE SECOND STEP, WHICH IS

THE DETERMINATION BY AN INDEPENDENT MEDICAL EXAMINER, THEN THE THIRD

STEP WOULD BE THAT THE APPLICANT COULD REQUEST A FAIR HEARING IN FRONT OF

AN ADMINISTRATIVE TRIBUNAL AND PENDING THAT FAIR HEARING, THEY WOULD BE

EXEMPT, CORRECT?

(PAUSE) (SIDEBAR)

MR. HEVESI: ANDY, SORRY. GIVE ME ONE SECOND. I

APOLOGIZE.

MR. GOODELL: CERTAINLY.

(PAUSE) (SIDEBAR)

MR. HEVESI: YEAH. SO THE BASIC ANSWER IS YES, BUT

THERE'S A LITTLE BIT OF A PIECE BEFOREHAND. SO IF THE -- IF THE DOCTOR THAT'S

HIRED BY THE LOCAL SOCIAL SERVICES DISTRICT DISAGREES WITH THE PERSONAL

PHYSICIAN, NOW UNDER CURRENT LAW THE DOCTOR FROM THE SOCIAL SERVICES

DISTRICT HAS TO PROVIDE DOCUMENTATION AS TO WHY - BY THE WAY, WE DID

THIS IN THE BUDGET A COUPLE OF YEARS AGO - WHY THEY DISAGREE, BUT YOU'RE

RIGHT, IF THERE'S A DISAGREEMENT, THERE CAN BE A FAIR HEARING AFTER THAT.

MR. GOODELL: AND DURING THE FAIR HEARING, THE

APPLICANT IS EXEMPTED FROM ANY OF THESE JOB TRAINING OR WORK

REQUIREMENTS PENDING THE FAIR HEARING, CORRECT?

MR. HEVESI: YES, I BELIEVE YOU'RE CORRECT; YES, SIR.

MR. GOODELL: AND THEN THE FOURTH STEP IS IF THE

APPLICANT DISAGREES WITH THE FAIR HEARING, THE APPLICANT, OF COURSE, CAN

BRING AN ACTION FOR JUDICIAL REVIEW UNDER ARTICLE 78 OF THE CPLR.

NYS ASSEMBLY MAY 29, 2019

MR. HEVESI: THAT IS CORRECT AS WELL.

MR. GOODELL: AND SO RIGHT NOW WE HAVE A

FOUR-STEP PROCESS ALL DESIGNED TO PROVIDE CHECKS AND BALANCES. THE

APPLICANT USING THE ATTORNEY OF THEIR CHOICE SUBMITS THE

DOCUMENTATION. MOST OF THE CLAIMS, I WOULD IMAGINE, ARE ACCEPTED,

ASSUMING THERE'S REASONABLE DOCUMENTATION. IF NOT, IT'S REFERRED TO AN

INDEPENDENT MEDICAL EXAMINER. THAT INDEPENDENT MEDICAL EXAMINER

IS REQUIRED BY LAW TO CONSIDER ALL THE MEDICAL DOCUMENTS PROVIDED BY

THE APPLICANT'S PHYSICIAN.

MR. HEVESI: RIGHT.

MR. GOODELL: AND EVEN THOUGH THAT'S AN

INDEPENDENT EVALUATION, THEY STILL HAVE A RIGHT TO A FAIR HEARING.

MR. HEVESI: YES.

MR. GOODELL: AND A RIGHT TO A JUDICIAL REVIEW.

SO, WHAT THIS BILL DOES IS CHANGES, IF I UNDERSTAND IT CORRECTLY, CHANGES

THE THIRD STEP BY SAYING IF THERE'S A PUBLIC -- IF THERE'S A FAIR HEARING,

THIS BILL WOULD REQUIRE THE HEARING OFFICER NOT TO TREAT ALL THE EVIDENCE

EQUALLY, BUT INSTEAD TO GIVE A STATUTORY PREFERENCE TO THE APPLICANT'S

PHYSICIANS' DETERMINATION.

MR. HEVESI: YOU'RE CORRECT IN THE SUBSTANCE,

YOU'RE WRONG IN THE STEP. THIS IS PRIOR TO A FAIR HEARING. WHAT WE'RE

TRYING TO DO IS GIVE CONTROLLING WEIGHT TO THE TREATING PHYSICIAN AS

OPPOSED TO THE DOCTOR THAT'S BEEN HIRED BY THE SOCIAL SERVICES DISTRICT.

SO, THAT HAPPENS PRE-FAIR HEARING. SO, I WOULD SAY STEP TWO IN YOUR

ANALYSIS, NOT STEP THREE.

NYS ASSEMBLY MAY 29, 2019

MR. GOODELL: WELL, ALREADY THE INDEPENDENT

PHYSICIAN IS REQUIRED TO CONSIDER ALL THE EVIDENCE PRESENTED BY THE

TREATING PHYSICIAN OR THE APPLICANT'S PHYSICIAN; THAT'S ALREADY THERE,

CORRECT?

MR. HEVESI: THAT'S CORRECT. THAT'S CORRECT. AND,

BY THE WAY, THE PART OF THE IMPETUS OF THIS BILL IS THAT WE'VE COME

ACROSS AN UNFORTUNATE CIRCUMSTANCE WHERE THE DOCTORS WHO'VE BEEN

HIRED BY THE LOCAL SOCIAL SERVICES DISTRICTS HAVE RECEIVED PRESSURE FROM

THOSE DISTRICTS TO EITHER CLASSIFY OR NOT CLASSIFY SOMEBODY AS HAVING A

DISABILITY. WHAT WE'RE TRYING TO DO -- AND IT'S ALSO IMPORTANT TO NOTE

THAT THOSE DOCTORS HAVE ONLY HAD A VERY SHORT TIME WITH THE PATIENT

ANYWAY. WHAT WE'RE LOOKING TO DO IS HAVE THE TREATING PHYSICIAN HAVE

CONTROLLING WEIGHT IF THEY ARE IN COMPLIANCE WITH FOUR DIFFERENT PIECES.

I DON'T NEED TO READ THEM, BUT WE BASED THEM OFF THE SAME STANDARDS

THAT THE FEDERAL GOVERNMENT USES FOR SSI.

MR. GOODELL: BUT IF I CAN GO BACK -- I APOLOGIZE.

THIS PROPOSED LEGISLATION ONLY APPLIES IN THE EVENT THE INDEPENDENT

PHYSICIAN DISAGREES WITH THE APPLICANT'S PHYSICIAN, CORRECT?

MR. HEVESI: YES.

MR. GOODELL: WHICH MEANS THAT THE ONLY TIME

THIS WOULD KICK IN IS IF YOU ALREADY HAVE COMPLETED THE SECOND STEP,

THE INDEPENDENT PHYSICIAN HAS DISAGREED AND NOW YOU'RE GOING TO A

FAIR HEARING, OTHERWISE IT WOULDN'T MAKE ANY DIFFERENCE --

MR. HEVESI: NO --

MR. GOODELL: -- BECAUSE IT ONLY KICKS IN --

NYS ASSEMBLY MAY 29, 2019

MR. HEVESI: ANDY, WE'RE NOT AT THE FAIR HEARING

STAGE. WE HAVEN'T GOTTEN THAT FAR YET.

MR. GOODELL: RIGHT, BUT THIS ALREADY SAYS IN THE

EVENT THE INDEPENDENT PHYSICIAN DISAGREES, THEN THE APPLICANT'S

PHYSICIAN IS GENERALLY CONTROLLING.

MR. HEVESI: YES, PRIOR TO A FAIR HEARING.

MR. GOODELL: WHAT'S THAT MEAN? YOU MEAN TO

SAY THAT THIS BILL WOULD REQUIRE SOCIAL SERVICES --

ACTING SPEAKER AUBRY: I'M HAVING A HARD

TIME FOLLOWING THE DEBATE. I DON'T KNOW WHAT YOU GUYS ARE DOING BACK

IN THE CORNER OVER THERE, BUT IF YOU'RE HERE, YOU'RE HERE TO HEAR THE

DEBATE. IT'S NOT A SOCIAL.

MR. HEVESI: I'M HAVING A HARD TIME FOLLOWING THE

DEBATE, TOO.

ACTING SPEAKER AUBRY: BEFORE WE GO BACK TO

DEBATE, MRS. PEOPLES-STOKES.

MR. HEVESI: GO AHEAD, SIR; I'M SORRY.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU CAN CALL BANKS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM.

ACTING SPEAKER AUBRY: BANKS COMMITTEE,

SPEAKER'S CONFERENCE ROOM. PLEASE TRY TO GET THERE SILENTLY. IF THERE'S

STAFF ASSOCIATED WITH THAT, PLEASE MOVE QUICKLY.

MR. HEVESI: YEAH, ANDY, I THINK -- JUST -- JUST TO

CLARIFY, THIS IS BEFORE WE GET TO THE FAIR HEARING PORTION. THIS IS WHAT --

NYS ASSEMBLY MAY 29, 2019

WHAT DOCTOR'S OPINION HAS CONTROLLING WEIGHT PRIOR TO THE FAIR HEARING,

WHETHER IT'S A DOCTOR WHOSE HAD EXPERIENCE WITH THE PATIENT AND HAS

BEEN TREATING THEM FOR A LONG TIME, OR A DOCTOR HIRED BY THE SOCIAL

SERVICES DISTRICT WITH A SHORTER AMOUNT OF TIME, LIMITED EXPERIENCE AND

-- AND IN SOME CASES AS, UNFORTUNATELY HAS BEEN SHOWN, A BIAS TO PUSH

ONE WAY OR THE OTHER.

MR. GOODELL: AND SO WHAT THIS BILL SAYS IS IF THE

INDEPENDENT PHYSICIAN THAT'S BEEN PRE-APPROVED AS BEING INDEPENDENT

BY OTDA ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S

PHYSICIAN --

MR. HEVESI: RIGHT.

MR. GOODELL: -- THEN THE OPINION OF THE

INDEPENDENT PHYSICIAN IS IRRELEVANT, IT'S NOT CONTROLLING.

MR. HEVESI: IT'S NOT CONTROLLING, THAT IS CORRECT.

AND, BY THE WAY, I -- I UNDERSTAND AND APPRECIATE THAT YOU WANT TO CALL

THEM "INDEPENDENT PHYSICIANS." I WOULD SAY THEY'RE HIRED BY THE LOCAL

SOCIAL SERVICES DISTRICT, THEY'RE NOT INDEPENDENT.

MR. GOODELL: LOOKING -- YOU MENTIONED THAT YOU

BELIEVE THIS PROPOSED PROCESS WOULD TRACK THAT OF THE SSI PROGRAM --

MR. HEVESI: YES.

MR. GOODELL: -- THE FEDERAL DISABILITY PROGRAM?

MR. HEVESI: YES.

MR. GOODELL: BUT IN THAT SITUATION, ISN'T IT TRUE

THAT THE REGULATIONS -- THE SSI REGULATIONS ARE VERY CLEAR, AND I QUOTE

FROM 20 CFR 416.927 (1) THAT "A STATEMENT BY A MEDICAL SOURCE THAT

NYS ASSEMBLY MAY 29, 2019

YOU ARE DISABLED OR UNABLE TO WORK DOES NOT MEAN THAT WE", MEANING

SSI, "WILL DETERMINE THAT YOU ARE DISABLED", CORRECT?

MR. HEVESI: READ THAT AGAIN; I'M SORRY.

MR. GOODELL: CERTAINLY. THIS IS WHAT IT SAYS: "A

STATEMENT BY A MEDICAL SOURCE THAT YOU ARE DISABLED OR UNABLE TO WORK

DOES NOT MEAN THAT WE WILL DETERMINE THAT YOU ARE DISABLED." THAT'S

THE FEDERAL REGULATION.

MR. HEVESI: I'M READING FROM THE SAME FEDERAL

STATUTE THAT YOU ARE AND WHAT I'D REFERENCE YOU TO IS THE PORTION THAT WE

TOOK FROM THE FEDERAL GOVERNMENT IS ABOUT THE EFFICACY OF THE -- THE

DOCTOR, THE PATIENT'S DOCTOR, TO MAKE SURE THAT THERE IS A SIGNIFICANT

LENGTH AND FREQUENCY OF TREATMENT THAT -- THIS MAY BE SUBSEQUENT TO

WHAT YOU JUST READ. WE'RE ALSO LOOKING TO MAKE SURE THAT THERE'S

CONSISTENCY OF THE DOCTORS' OPINION VERSUS THE PERSON'S WHOLE RECORD TO

SEE IF THERE'S AN ANOMALY. WE WANT TO MAKE SURE THE OPINION IS

SUPPORTED BY EVIDENCE AND, FINALLY, THAT THE SPECIALITY OF THE DOCTOR IS

APPLICABLE. YOU DON'T WANT A, YOU KNOW, A FOOT DOCTOR SAYING HE'S GOT

A HEART PROBLEM. SO, THAT'S WHAT WE'RE TAKING FROM THAT FEDERAL

SECTION.

MR. GOODELL: I UNDERSTAND THAT YOU'RE TAKING THAT

PART FROM THE FEDERAL STATUTE, BUT I WOULD POINT OUT THAT THE FEDERAL

REGS GO ON TO SAY VERY CLEARLY THAT A MEDICAL DETERMINATION AND A

DISABILITY DETERMINATION ARE TWO SEPARATE DETERMINATIONS, BECAUSE ONE

DEALS WITH YOUR MEDICAL CONDITION. THE OTHER DEALS WITH YOUR

VOCATIONAL ABILITY.

NYS ASSEMBLY MAY 29, 2019

MR. HEVESI: RIGHT.

MR. GOODELL: AND SO, THE SSI REGULATIONS ARE

VERY CLEAR THAT A DETERMINATION OF DISABILITY FOR THE PURPOSES OF SSI IS

DIFFERENT THAN A MEDICAL EVALUATION.

MR. HEVESI: I APPRECIATE THAT, YES.

MR. GOODELL: I WANT TO CHANGE THE SUBJECT, JUST

THE FOCUS A LITTLE BIT. IT'S MY UNDERSTANDING, LOOKING AT THE 2018 ANNUAL

REPORT FROM THE DEPARTMENT OF SOCIAL SERVICES, THAT THERE WERE ONLY

4,473 FAIR HEARING REQUESTS FOR A DISABILITY REVIEW; IS THAT YOUR

UNDERSTANDING, AS WELL?

MR. HEVESI: I'LL TRUST YOUR NUMBERS.

MR. GOODELL: AND OF THAT, ONLY 503 WERE

REVERSED, WHICH SUGGESTS TO ME THAT WHEN YOU'RE LOOKING AT THE ENTIRE

BASE OF 60- OR 70,000 PEOPLE, IT'S A VERY SMALL PERCENTAGE THAT EVEN

QUESTION THE CURRENT SYSTEM.

MR. HEVESI: YEAH, THAT'S ONE WAY TO READ IT.

ANOTHER ONE WAY TO READ IT -- AND I THINK YOU AND I SHOULD HAVE A

FOLLOW-UP CONVERSATION ABOUT FAIR HEARINGS IN GENERAL. I'M HEARING A

LOT OF PROBLEMS WITH THE FAIR HEARING SYSTEM IN AND OF ITSELF, WHAT GETS

TO A FAIR HEARING, WHETHER THE RULINGS OF THE ADMINISTRATIVE LAW

JUDGES ARE ACTUALLY FOLLOWED THROUGH. THIS IS A BIG CONVERSATION THAT

SHOULD BE POST -- POST THIS CONVERSATION, ANDY. SO, WHAT I WOULD

RESPECTFULLY RECOMMEND IS DON'T READ TOO MUCH INTO THOSE NUMBERS.

THAT'S NOT AN INDICATION OF THE REALITY OF WHETHER THESE ARE APPROPRIATE

RULINGS OR NOT.

NYS ASSEMBLY MAY 29, 2019

MR. GOODELL: ONE OTHER QUESTION AND PERHAPS

YOU COULD ADDRESS IT, IN THE PAST WE RECEIVED MEMOS OF OPPOSITION

FROM NEW YORK CITY POINTING OUT THAT THEY PROJECTED THE COST TO BE IN

EXCESS OF $6 MILLION; IS THAT STILL THEIR POSITION?

MR. HEVESI: LET ME SEE.

(PAUSE) (SIDEBAR)

OKAY. SO -- SO, YOU'RE CORRECT. I'M NOT SURE IF YOUR

NUMBER'S CORRECT, BUT YOU'RE RIGHT IN PRINCIPLE THAT THE CITY ATTACHES A

FINANCE -- A FISCAL TO THIS. EXCEPT, I DON'T CARE AND I'LL TELL YOU WHY.

THEIR ARGUMENT IS -- THEIR ARGUMENT ESSENTIALLY IS IF WE IMPLEMENT THIS,

WE'RE GOING TO FIND THAT MORE PEOPLE ARE ACTUALLY DISABLED WHICH

MEANS THAT THE CITY WILL HAVE TO COME UP WITH MORE MONEY FOR SSI.

MY ARGUMENT WILL BE, HEY, IF YOU'RE DISABLED, YOU'RE ENTITLED TO SSI.

SO, I DON'T THINK NOT SAYING SOMEBODY IS DISABLED TO SAVE MONEY IS AN

APPROPRIATE THING WE SHOULD BE DOING.

MR. GOODELL: THANK YOU VERY MUCH, MR. HEVESI,

FOR YOUR COMMENTS ON IT.

MR. HEVESI: THANK YOU, SIR. I APPRECIATE IT.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR. OUR

CURRENT SYSTEM HAS A SERIES OF CHECKS AND BALANCES TO MAKE SURE THAT

THOSE PEOPLE WHO ARE DISABLED ARE EXEMPT FROM INCONSISTENT WORK

REQUIREMENTS OR TRAINING REQUIREMENTS OR JOB EDUCATION REQUIREMENTS

NYS ASSEMBLY MAY 29, 2019

UNDER OUR CURRENT SOCIAL SERVICES SYSTEM. THAT SYSTEM OF CHECKS AND

BALANCES INCLUDE HAVING AN APPLICANT WHO WANTS TO BE EXEMPT FROM

ANY WORK REQUIREMENT WHILE ON WELFARE, IT REQUIRES SAID APPLICANT TO

SUBMIT DOCUMENTATION. AND IF THE DEPARTMENT OF SOCIAL SERVICES

DETERMINES THE APPLICATION IS -- IS SATISFACTORY, THAT THERE'S ADEQUATE

MEDICAL INFORMATION, THAT'S THE END OF IT. THE APPLICATION IS APPROVED.

BUT, IF THE INFORMATION IS INSUFFICIENT OR INADEQUATE TO ESTABLISH ANY

EXEMPTION, THE CURRENT SYSTEM ALLOWS FOR AN INDEPENDENT REVIEW.

WERE THE COUNTY OF DEPARTMENT OF SOCIAL SERVICES, WHOSE

RESPONSIBILITY IT IS TO PREVENT FRAUD OR ABUSE, THEY CAN HAVE IT REFERRED

TO AN INDEPENDENT PHYSICIAN WHO IS APPROVED NOT BY THE LOCAL

DEPARTMENT, BUT IS APPROVED IN ADVANCE BY THE STATE OFFICE FOR

TEMPORARY AND DISABILITY ASSISTANCE. THAT APPROVAL IS DESIGNED TO

ENSURE THAT THE INDEPENDENT MEDICAL REVIEW IS, IN FACT, INDEPENDENT.

BUT IF THE APPLICANT DOESN'T AGREE WITH THE INDEPENDENT REVIEW, WHICH

BY LAW INCLUDES AN EVALUATION OF THEIR EVIDENCE, THEY HAVE AN

OPPORTUNITY FOR A FAIR HEARING. AND AT THE FAIR HEARING, ALL THE EVIDENCE

FROM BOTH PHYSICIANS, ALL OF IT, IS CONSIDERED CAREFULLY BY A HEARING

OFFICER. AND THERE'S ONE LAST STEP. IF THE APPLICANT STILL ISN'T HAPPY,

THEY CAN APPEAL IT TO A COURT UNDER ARTICLE 78.

WHAT THIS BILL DOES IS ELIMINATE ONE OF THOSE CHECKS

THAT ARE SO IMPORTANT TO THE CHECKS AND BALANCES. AND WHAT IT DOES IS

IT SAYS IF THE INDEPENDENT REVIEWER SAYS THAT THAT MEDICAL CONDITION

DOESN'T JUSTIFY AN EXEMPTION, THAT WE DON'T TREAT THAT INDEPENDENT

REVIEWER'S OPINION WITH THE SAME LEVEL OF RESPECT AS WE WOULD THE

NYS ASSEMBLY MAY 29, 2019

APPLICANT'S PHYSICIAN.

IS THERE ANYONE ELSE?

ACTING SPEAKER AUBRY: NO, SIR.

MR. GOODELL: I'D JUST SUGGEST THAT THIS IS AN

UNUSUAL BILL IN THE SENSE THAT WE ARE SAYING THAT A PERSON WHO IS

SEEKING PUBLIC BENEFITS AT THE EXPENSE OF THE TAXPAYER, THEIR

DOCUMENTATION SHOULD BE WORTH MORE AND GIVEN MORE CREDIT THAN AN

INDEPENDENT REVIEW. OUR JOB IS TO MAKE SURE THOSE WHO ARE DISABLED

GET THE BENEFITS AND EXEMPTIONS THEY'RE ENTITLED TO. THAT'S PART OF OUR

JOB, AND I'M ON BOARD WITH THAT, BUT WE ALSO HAVE A RESPONSIBILITY TO

MAKE SURE THAT THE SYSTEM HAS APPROPRIATE CHECKS AND BALANCES TO

MINIMIZE FRAUD AND ABUSE. AND AS MY COLLEAGUE ACKNOWLEDGED AND

THE CITY HAS POINTED OUT, THE CITY OF NEW YORK ESTIMATES THAT THIS WILL

INCREASE THE COST BY UPWARDS OF $6 MILLION A YEAR BECAUSE APPLICANTS

WHO HAVE HIRED THEIR OWN PHYSICIAN TO GIVE THEM THE OPINION THEY

HOPE TO GET AND, BY THE WAY, THEY CAN KEEP HIRING A DIFFERENT PHYSICIAN

UNTIL THEY GET THE OPINION THEY LIKE, WILL NOW BE EXEMPT FROM WELFARE

WORK REQUIREMENTS.

ONE LAST COMMENT. THE WELFARE WORK REQUIREMENTS

ARE NOT A PUNISHMENT FOR THOSE WHO ARE ON WELFARE. THE WELFARE WORK

REQUIREMENTS ARE DESIGNED TO HELP PEOPLE GET JOB EXPERIENCE AND GET

TRAINING AND EDUCATION SO THAT THEY CAN BECOME SUCCESSFUL MEMBERS OF

SOCIETY AND MAXIMIZE THEIR POTENTIAL AND MAXIMIZE THEIR OPPORTUNITY

TO BE SUCCESSFUL. SO AS A MATTER OF PUBLIC POLICY, WE OUGHT TO

ENCOURAGE AS MANY PEOPLE AS POSSIBLE TO TAKE ADVANTAGE OF THOSE

NYS ASSEMBLY MAY 29, 2019

TRAINING OPPORTUNITIES AND MOVE FORWARD WITH THEIR LIVES AND

MAXIMIZE THEIR SUCCESS, NOT SET UP A SYSTEM THAT ELIMINATES THE CHECKS

AND BALANCES THAT HAVE WORKED SO WELL IN THE PAST.

THANK YOU SO MUCH, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOTTFRIED TO EXPLAIN HIS VOTE.

MR. GOTTFRIED: MR. SPEAKER, I THINK IT'S

APPROPRIATE, CONSIDERING THE SPONSOR, THAT THIS IS THE FIRST BILL IN THE

PACKAGE TODAY. I JUST WANTED TO ACKNOWLEDGE THAT FORMER

ASSEMBLYMEMBER ALAN HEVESI MANY YEARS AGO WAS THE ORIGINAL

SPONSOR OF THE ASSEMBLY DISABILITY AWARENESS DAY, AND I REMEMBER

VIVIDLY HIS EXTRAORDINARY STAFF MEMBER MARK SCHWARTZBERG SPENDING

THE DAY IN A WHEELCHAIR TO UNDERSTAND AND DEMONSTRATE THE DIFFICULTY,

CERTAINLY IN THOSE DAYS, OF NAVIGATING OUR WORK WORLD FROM A

WHEELCHAIR. THIS IS A TRADITION WE HAVE BEEN HONORING FOR I GUESS

ABOUT 40 YEARS NOW. AND I JUST WANTED TO ACKNOWLEDGE OUR FORMER

COLLEAGUE, ALAN HEVESI, FOR HAVING BEGUN THIS TRADITION AND I'M HAPPY

TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE

AFFIRMATIVE.

NYS ASSEMBLY MAY 29, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

COULD PLEASE CALL THE ENVIRONMENTAL CONSERVATION COMMITTEE TO THE

SPEAKER'S CONFERENCE ROOM. MR. ENGLEBRIGHT HAS STOOD RIGHT UP AND

HE'S --

ACTING SPEAKER AUBRY: ENVIRONMENTAL

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

THE CLERK WILL READ.

PAGE 35, CALENDAR NO. 213.

THE CLERK: ASSEMBLY NO. A00163, CALENDAR NO.

213, L. ROSENTHAL, BENEDETTO, BUCHWALD, ABINANTI, GALEF, STECK,

ASHBY, MCDONALD, JACOBSON, GRIFFIN. AN ACT TO AMEND THE ELECTION

LAW, IN RELATION TO REQUIRING THE POSTING OF SAMPLE BALLOTS ON A BOARD

OF ELECTIONS WEBSITE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

2021.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MAY 29, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07251, CALENDAR NO.

312, CUSICK, STIRPE. AN ACT TO AMEND CHAPTER 219 OF THE LAWS OF

2003, AMENDING THE EDUCATION LAW RELATING TO PUBLISHERS OR

MANUFACTURERS PROVIDING PRINTED INSTRUCTIONAL MATERIALS FOR COLLEGE

STUDENTS WITH DISABILITIES, IN RELATION TO EXTENDING THE PROVISIONS OF

SUCH CHAPTER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01092, CALENDAR NO.

323, LIFTON, TITUS, CAHILL, COOK, DINOWITZ, GOTTFRIED, ORTIZ, PAULIN,

RIVERA, BENEDETTO, ENGLEBRIGHT, CUSICK, COLTON, BRONSON, PERRY,

SIMON, MOSLEY, SEAWRIGHT, STECK, WILLIAMS, REYES, WALLACE. 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: READ THE LAST SECTION.

NYS ASSEMBLY MAY 29, 2019

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER LAVINE: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02493, CALENDAR NO.

336, LAVINE, LIFTON, ROMEO. 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 LAVINE: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LAVINE: 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. A07475, CALENDAR NO.

363, CUSICK, LUPARDO, BLANKENBUSH, COLTON, WEPRIN, STERN, WALSH,

HUNTER, MOSLEY. AN ACT TO AMEND THE TAX LAW AND THE LABOR LAW, IN

RELATION TO ESTABLISHING A SMALL BUSINESS TAX CREDIT FOR THE EMPLOYMENT

NYS ASSEMBLY MAY 29, 2019

OF DISABLED PERSONS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER LAVINE: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LAVINE: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I RISE JUST TO

COMMEND THE SPONSOR ON THIS PIECE OF LEGISLATION WHICH WILL ESTABLISH

A SMALL BUSINESS TAX CREDIT FOR THE EMPLOYMENT OF DISABLED PERSONS.

AS MANY PEOPLE KNOW, THE RATE OF UNEMPLOYMENT FOR PEOPLE WITH

DISABILITIES IS VERY HIGH, AND FOR THOSE WHO ARE LUCKY ENOUGH TO HAVE

EMPLOYMENT AT ALL, THEY'RE LARGELY UNDEREMPLOYED IN TERMS OF WAGES.

SO, I THINK ANYTHING THAT WE, AS A LEGISLATIVE BODY, CAN DO TO

ENCOURAGE BUSINESSES TO EMPLOY PEOPLE WHO ARE DIFFERENTLY-ABLED, I

THINK THAT IN THE END IT WILL ENRICH THE WORKPLACE, IT WILL MAKE PEOPLE

WHO DO HAVE DISABILITIES FEEL MORE VALUED AND BE ABLE TO LIVE A MORE

INDEPENDENT LIFE.

I WOULD NOTE THAT LAST YEAR, THE GOVERNOR VETOED THIS

BILL. IT HAD PASSED OUR -- OUR CHAMBER 135-1, AND I'M GRATEFUL TO SEE

THAT THE -- THE ISSUES RAISED IN THE VETO MESSAGE HAVE BEEN ADDRESSED

BY THE SPONSOR IN THIS BILL. AND I WILL BE SUPPORTING IT AGAIN, AND I

WOULD ENCOURAGE ALL OF MY COLLEAGUES TO DO THE SAME. THANK YOU.

NYS ASSEMBLY MAY 29, 2019

ACTING SPEAKER LAVINE: THANK YOU, MS.

WALSH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03385-A, CALENDAR

NO. 400, DICKENS. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN

RELATION TO THE ACCESSIBILITY OF PUBLIC HEARINGS AND MEETINGS.

ACTING SPEAKER LAVINE: AN EXPLANATION IS

REQUESTED.

MS. DICKENS.

MS. DICKENS: THANK YOU VERY MUCH. THIS IS A BILL

THAT WE PASSED LAST YEAR, AND THE ADVOCATES WANTED CLARITY AND A

CHANGE OF WORDING FROM "HEARING IMPAIRED" TO "DEAF OR HARD OF

HEARING." SO, THAT'S BASICALLY WHAT WE DID, WE CHANGED THE WORDING

ONLY. AND THIS IS TO PROVIDE HEARING -- THINGS TO HELP PEOPLE TO HEAR

WHEN THERE'S A ROOM OF 100 OR MORE PERSONS. IT'S ONLY FOR THOSE THAT --

THOSE WHO IT CAN ACCOMMODATE AND THERE'S A HARDSHIP PROVISION IF

RETROFITTING IS GOING TO BE TOO COSTLY, THEN THEY WOULD BE EXEMPTED

FROM -- FROM DOING SO - A MUNICIPALITY.

ACTING SPEAKER LAVINE: MR. RA.

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

YIELD FOR A FEW QUESTIONS?

MS. DICKENS: DO I REALLY HAVE TO?

(LAUGHTER)

NYS ASSEMBLY MAY 29, 2019

ACTING SPEAKER LAVINE: WILL THE SPONSOR

YIELD? I BET SHE DOES.

MR. RA: YOUR CHOICE.

MS. DICKENS: YES, YES.

MR. RA: THANK YOU VERY MUCH. AND, CERTAINLY, I

THINK, YOU KNOW, THIS IS A LAUDABLE GOAL IS TO, YOU KNOW, MAKE SURE

ANYBODY WHO WANTS TO PARTICIPATE IN -- IN THEIR LOCAL GOVERNMENTS HAS

THE OPPORTUNITY TO AND THAT ANY DISABILITY THEY MAY HAVE DOES NOT

BECOME AN OBSTACLE TO THEM DOING SO. I KNOW WE'VE TAKEN INITIATIVES

IN -- IN MY COUNTY, IN NASSAU COUNTY, WITH REGARD TO THIS, BUT I JUST HAD

A COUPLE QUESTIONS JUST IN TERMS OF THE APPLICABILITY OF THIS. FIRST OFF,

IT'S WHAT -- WHAT LEVELS OF GOVERNMENT WILL THIS APPLY TO? IS IT

EVERYTHING FROM, YOU KNOW, VILLAGES AND TOWNS? WOULD IT INCLUDE

THINGS LIKE, YOU KNOW, LIKE LOCAL WATER DISTRICTS OR FIRE DEPARTMENTS,

THINGS LIKE THAT?

MS. DICKENS: THAT'S EXACTLY WHAT IT WOULD BE, AS

LONG AS THE ROOM HOLDS 100 OR MORE PERSONS.

MR. RA: OKAY. AND AS LONG AS THE ROOM HOLDS 100

OR MORE PEOPLE, CORRECT?

MS. DICKENS: YES.

MR. RA: OKAY. AND I KNOW THERE IS BASICALLY A

PROVISION IN HERE THAT SAYS SO LONG AS IT'S NOT AN UN -- DOES NOT IMPOSE

AN UNDUE HARDSHIP ON THE PUBLIC BODY HOLDING THE HEARING.

MS. DICKENS: CORRECT.

MR. RA: WHAT EXACTLY IS MEANT BY THAT?

NYS ASSEMBLY MAY 29, 2019

MS. DICKENS: THAT MEANS THAT THE MUNICIPALITY OR

THE VILLAGE IS UNABLE TO OUTFIT THE ROOM. MAYBE THE ELECTRICITY NEEDS TO

BE UPGRADED. MAYBE THERE'S A -- IT'S A COST AFFILIATED WITH THAT. IF THERE

IS A HARDSHIP, THEN THERE IS A PROVISION THAT ALLOWS THAT THEY DO NOT

HAVE TO RETROFIT THE ROOM. AND THE REQUIREMENT IS BY JANUARY 1 OF

2022.

MR. RA: OKAY. SO IT COULD BE A FINANCIAL BURDEN OR

IT COULD PERHAPS BE SOMETHING WITH JUST THE PHYSICAL PLAN OF THE

BUILDING THAT MAYBE IT'S NOT CONDUCIVE TO BE ABLE TO DO THIS.

MS. DICKENS: CORRECT, CORRECT.

MR. RA: I'M SURE, AS WE KNOW, WE HAVE SOME OF OUR

GOVERNMENTS IN FAIRLY OLD FACILITIES IN DIFFERENT PARTS OF THE STATE, SO IT

COULD BE EITHER THE FINANCIAL SIDE --

MS. DICKENS: IT COULD BE EITHER.

MR. RA: -- OR IT COULD BE JUST A PHYSICAL ISSUE --

MS. DICKENS: CERTAINLY.

MR. RA: -- WITH DOING SO. THE TYPES OF DEVICES

CONTEMPLATED HERE, ANY GENERAL IDEA OF COST, HOW MUCH THOSE

GENERALLY COST?

MS. DICKENS: I DON'T HAVE IT RIGHT NOW, BUT I CAN

GET IT FOR YOU, THE COST OF THE DEVICE. LAST YEAR WHEN WE PASSED THE

BILL, I DID HAVE THE COST AND I DON'T HAVE THAT WITH ME TODAY, BUT I WILL

SEE THAT YOU GET IT --

MR. RA: OKAY.

MS. DICKENS: -- AGAIN.

NYS ASSEMBLY MAY 29, 2019

MR. RA: OKAY. AND I THINK THE ONE OTHER QUESTION I

WOULD HAVE IS, ARE WE PROPOSING IN THIS BILL OR CONTEMPLATING IN THE

FUTURE MAYBE PROVIDING SOME FUNDING SO THAT, YOU KNOW, EACH OF THESE

ENTITIES CAN PUT IN SOME TYPE OF SYSTEM TO ALLOW PEOPLE TO PARTICIPATE

IN THE -- IN THE MEETINGS, OR THIS IS -- BECAUSE WITHOUT THE FUNDING, THIS

IS, THIS IS IN ESSENCE, AN UNFUNDED MANDATE ON -- ON THOSE

MUNICIPALITIES, CORRECT?

MS. DICKENS: AT THIS POINT, NO, WE HAVE NOT MADE

ANY ARRANGEMENTS FOR THERE TO BE FUNDING IN THE BUDGET FOR THIS TO BE

DONE. THE COST WOULD BE BORNE BY THE MUNICIPALITIES OR THE CITY, BUT

LIKE I SAID, IF THERE IS A HARDSHIP, WHETHER FINANCIAL OR BECAUSE OF THE

AGE OF THE BUILDING, THEN THEY WOULD NOT -- THEY WOULD BE EXEMPTED

FROM DOING SO.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: BRIEFLY. AGAIN, I THINK THIS IS A -- A GOOD

INITIATIVE IN TERMS OF TRYING TO MAKE SURE THAT ALL THE PEOPLE OF OUR

STATE HAVE THE OPPORTUNITY TO PARTICIPATE IN THEIR GOVERNMENT AND, IN

THIS CASE, IN LOCAL GOVERNMENT MEETINGS AND HEARINGS AND THINGS. BUT I

DO UNDERSTAND THAT SOME OF THE SMALL VILLAGES AND OTHER ENTITIES IN THE

STATE, THIS COULD BECOME A -- A BIG FINANCIAL COST TO THEM RELATIVE TO THE

SIZE OF THEIR BUDGETS.

SO, WHILE I'M GOING TO BE VOTING IN THE AFFIRMATIVE ON

THIS, I DO THINK THAT WE SHOULD LOOK AT, GOING FORWARD, YOU KNOW, WE'VE

NYS ASSEMBLY MAY 29, 2019

DONE A COUPLE BILLS TODAY TO TRY TO PROVIDE FINANCIAL INCENTIVES AND

FINANCIAL HELP TO INDIVIDUAL HOMEOWNERS SO THAT THEY CAN OUTFIT THEIR --

THEIR HOMES WITH, YOU KNOW, WITH CERTAIN PHYSICAL STRUCTURES OR OTHER

THINGS TO HELP -- HELP THEIR HOMES BE ACCESSIBLE, THAT PERHAPS WE LOOK

AT SOME FUNDING THAT WILL ALLOW LOCAL GOVERNMENTS TO PUT IN THE TYPES

OF DEVICES THAT THEY WOULD NEED TO ENSURE THAT ALL OF THEIR RESIDENTS

HAVE THE OPPORTUNITY TO PARTICIPATE IN THEIR LOCAL GOVERNMENT MEETINGS

AND HEARINGS. THANK YOU.

ACTING SPEAKER AUBRY: MR. BARCLAY.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

DICKENS?

MS. DICKENS: YES, I'LL YIELD.

MR. BARCLAY: THANK YOU. JUST VERY BRIEFLY. I

WANT TO GO BACK TO THE QUESTION ABOUT UNDUE HARDSHIP. HOW IS THAT

DETERMINED? IS THERE ANY ENFORCEMENT MECHANISM HERE, OR IS IT

SOMEONE -- IF YOU DON'T PROVIDE THE INTERPRETER OR THE HEARING DEVICES,

SOMEONE COULD BRING A LAWSUIT, I SUPPOSE, AND TRY TO DO AN ARTICLE 78

TO FORCE THEM TO FOLLOW THE RULE OF THIS POTENTIAL BILL IF IT BECOMES LAW?

MS. DICKENS: WELL, LIKE I SAID, THIS LEGISLATION

CALLS FOR ONLY ROOMS OF 100 OR MORE.

MR. BARCLAY: UNDERSTOOD.

MS. DICKENS: AND THE HARDSHIP IS FOR FINANCIAL FOR

THE VILLAGE OR THE CITY, WHATEVER, AND IT COULD BE ALSO DUE TO THE AGE OF

NYS ASSEMBLY MAY 29, 2019

THE BUILDING --

MR. BARCLAY: UNDERSTOOD.

MS. DICKENS: -- BECAUSE SOME OF OUR BUILDINGS

WILL NOT ACCOMMODATE. THE COST IS APPROXIMATELY $2,500 TO $4,000 IS

THE COST TO OUT -- RETROFIT A ROOM.

MR. BARCLAY: THE BILL SETS OUT HOW MUCH, SO IF IT

COSTS MORE THAN $4,000, THEN THAT'S GOING TO BE QUALIFIED AS A FINANCIAL

HARDSHIP AND THEN THEY DON'T HAVE TO COMPLY WITH THIS BILL?

MS. DICKENS: NO, IT DOES NOT, BECAUSE IT REALLY

DEPENDS UPON THE SIZE OF THE ROOM, HOW MANY PEOPLE IT CAN --

MR. BARCLAY: WHAT I'M TRYING TO GET AT, AND I

APPRECIATE YOU PUTTING THIS EXCEPTION IN TO TRY TO TAKE OUT OF THE

UNFUNDED MANDATE REALM, I GUESS, IS WHAT YOU'RE TRYING TO ACCOMPLISH

HERE. WHAT I'M TRYING TO FLESH OUT IS WHAT'S MEANT BY AN "UNDUE

HARDSHIP," FINANCIAL HARDSHIP? IS THE -- I MEAN, ANY MONEY THAT A

MUNICIPALITY HAS TO SPEND COULD BE AN UNDUE FINANCIAL HARDSHIP. IS IT

$5, IS IT, YOU KNOW, $200, IS IT $4,000?

MS. DICKENS: IF -- IF -- IF THEIR ROOM -- IF THE ROOM

THAT THEY'RE -- THAT REQUIRES TO BE RETROFITTED AND THEY -- THEIR BUDGET

WILL NOT ALLOW THEM TO PAY THE $2,500, THEN THEY CAN SO STATE THAT, THAT

IT DOES NOT -- THEY DO NOT HAVE THE BUDGET FOR $2,500.

MR. BARCLAY: SO PRESUMABLY IT WOULD BE A

DEFENSE FOR THEM IF SOMEONE ENDED UP SUING THEM FOR NOT COMPLYING

WITH THIS PROVISION OF THE LAW, CORRECT?

MS. DICKENS: WELL, THE LEGISLATION SAYS IT RIGHT

NYS ASSEMBLY MAY 29, 2019

HERE, SO...

MR. BARCLAY: OKAY. THANK YOU.

MS. DICKENS: I ASSUME THAT WOULD BE THE DEFENSE.

MR. BARCLAY: THANK YOU.

ON THE BILL, PLEASE, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. BARCLAY: JUST, AS MY COLLEAGUE MENTIONED, I

THINK THE GOALS OF THIS BILL ARE VERY GOOD AND I GENERALLY WOULD SUPPORT

IT, BUT I REPRESENT A LOT OF RURAL AREAS, A LOT OF THEIR CONFERENCE ROOMS

CAN HOLD 100 PEOPLE OR 100 MORE. BUT, YOU KNOW, THE TOWN BUDGETS,

THE VILLAGE BUDGETS ARE VERY, VERY SMALL AND THE IDEA OF THEM HAVING TO

PUT IN SOME OF THESE DEVICES FOR THE HEARING IMPAIRED OR HAVING

INTERPRETERS WOULD BE, YOU KNOW, MAYBE NOT IN NEW YORK CITY LEVELS

BE EXPENSIVE, BUT FOR THESE SMALL TOWNS AND VILLAGES, IT WOULD BE VERY

EXPENSIVE FOR THEM.

SO, I DO APPRECIATE THE UNDUE FINANCIAL BURDEN AND

THE EXCEPTION OF THAT. I JUST HOPE THAT ISN'T SO HIGH THAT IT CAUSES

FINANCIAL HARDSHIP ON SOME OF THE LOCALITIES THAT I REPRESENT. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

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

COULD CALL THE LOCAL GOVERNMENTS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM. MR. THIELE IS ALREADY THERE WAITING.

ACTING SPEAKER AUBRY: LOCAL GOVERNMENTS,

NYS ASSEMBLY MAY 29, 2019

SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

READ THE LAST SECTION.

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

2022.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I KNOW THAT IT'S -- IT

COULD BE DIFFICULT AT TIMES WHEN YOU UNDERSTAND THAT IN ORDER TO ALLOW

EVERY CITIZEN TO HAVE THE SAME RIGHT AS THE CITIZEN WHO SITS NEXT TO

THEM, STANDS NEXT TO THEM AND MAYBE EVEN IN SOME CASES LIVES NEXT TO

THEM, THAT YOU HAVE TO SPEND ADDITIONAL RESOURCES TO DO THAT. I WANT TO

COMMEND THE SPONSOR OF THIS LEGISLATION BECAUSE SOMETIMES YOU DO

HAVE TO SPEND MORE TO ALLOW ALL CITIZENS AN OPPORTUNITY TO PARTICIPATE.

IT IS NOT THE KIND OF SOCIETY OR ENVIRONMENT THAT WE LIVE IN, MR.

SPEAKER, WHERE IT'S OKAY TO SAY THAT SOME ARE EXCLUDED BECAUSE YOU

DON'T HAVE THE NECESSARY RESOURCES. WHEN THINGS BECOME REALLY

CRITICALLY IMPORTANT TO US, WE ALWAYS FIND THE RESOURCES AND I THINK THE

LIVES AND THE OPPORTUNITIES FOR PEOPLE TO BE ABLE TO HEAR WHAT'S GOING

ON IN THEIR PUBLIC DISCOURSE SHOULD BE IMPORTANT TO ALL OF US, WHETHER

WE CAN HEAR OR ARE LACKING THE OPPORTUNITY TO HEAR.

SO, I WANT TO, AGAIN, COMMEND THE SPONSOR OF THIS FOR

HAVING THE HEART TO STEP OUT AND ASK FOR SOMETHING THAT A LOT OF PEOPLE

NYS ASSEMBLY MAY 29, 2019

WOULD SAY IS OVER THE TOP AS IT RELATES TO COST. SO, AGAIN, MR. SPEAKER,

I WANT TO COMMEND THE SPONSOR AND I'M VERY, VERY PLEASED TO VOTE IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03923, CALENDAR NO.

405, WEPRIN, CUSICK, BENEDETTO, ABINANTI, MOSLEY, SEAWRIGHT, STERN,

REYES. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO REQUIRING

COUNTIES TO MAINTAIN A CONFIDENTIAL REGISTRY OF PEOPLE OF ALL AGES WITH

DISABILITIES FOR EVACUATION AND SHELTERING DURING DISASTERS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. WEPRIN. LADIES AND GENTLEMEN, WE ARE ON DEBATE.

MEMBERS, HAVE YOUR SEATS, PLEASE, CLEAR THE AISLES. A LITTLE QUIET.

MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS BILL

WOULD REQUIRE COUNTIES TO MAINTAIN A CONFIDENTIAL REGISTRY OF PEOPLE OF

ALL AGES WITH DISABILITIES FOR DISASTER PREPAREDNESS. IT AMENDS SECTION

23-A OF THE EXECUTIVE LAW TO REQUIRE THAT LOCAL COUNTIES COMPILE AND

MAINTAIN A LIST OF PEOPLE OF ALL AGES WITH DISABILITIES LOCATED WITHIN THE

COUNTY. THE PURPOSE IS TO ASSIST LOCAL GOVERNMENTS WITH IDENTIFYING

SUCH INFORMATION, THE COUNTY DEPARTMENT OF HEALTH, THE COUNTY

DEPARTMENT OF SOCIAL SERVICES AND/OR THE COUNTY DEPARTMENT OF

MENTAL HEALTH OR ANY OTHER SUCH -- OTHER COUNTY DEPARTMENT OR AGENCY

NYS ASSEMBLY MAY 29, 2019

ARE AUTHORIZED TO PROVIDE INFORMATION PURSUANT TO MAINTAINING A

CONFIDENTIAL REGISTRY.

IT WILL GREATLY AID LOCALITIES IN PREPARING FOR AND

RESPONDING TO DISASTERS. IT CREATES A STANDARDIZED REGISTRY IN COUNTIES.

IT ALLOWS INFORMATION TO BE SENT OUT QUICKLY AND EFFICIENTLY IN AN

EMERGENCY. IT WILL HELP PROTECT PERSONS WITH DISABILITIES OF ALL AGES

AND, AS WE ALL KNOW, THERE'VE BEEN A NUMBER OF DISASTERS AND

SUPERSTORMS OVER THE LAST COUPLE OF YEARS WHICH MAKES THIS

CONFIDENTIAL REGISTRY EVEN MORE IMPORTANT. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA.

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

YIELD?

MR. WEPRIN: I'D BE HAPPY TO YIELD, MR. RA.

ACTING SPEAKER AUBRY: MR. WEPRIN YIELDS.

SHH, LADIES AND GENTLEMEN.

MR. RA: THANK YOU. I JUST WANTED TO QUICKLY GO

THROUGH A COUPLE OF ITEMS WITH REGARD TO THIS. FIRST, STARTING OFF WITH

UNDER CURRENT LAW, I BELIEVE, THERE IS THE ABILITY FOR COUNTIES TO DO THIS,

BUT IT'S A PERMISSIVE SITUATION; IS THAT CORRECT?

MR. WEPRIN: THAT IS TRUE. COUNTIES ON THEIR OWN

COULD DO IT, BUT IT'S -- IT'S NOT MANDATED.

MR. RA: OKAY. SO UNDER -- UNDER THIS, THOUGH, THE

COUNTY WOULD BE MANDATED TO CREATE THIS REGISTRY, CORRECT?

MR. WEPRIN: CORRECT.

MR. RA: AND THE INDIVIDUALS WITHIN THE COUNTY

NYS ASSEMBLY MAY 29, 2019

WOULD HAVE THE OPPORTUNITY TO, I ASSUME, YOU KNOW, INDIVIDUALS WITH

DISABILITY, THEY MIGHT IN ENROLL IN IT, THEY MIGHT DECIDE NOT TO ENROLL IN

IT --

MR. WEPRIN: YEAH, THE CONFIDENTIALITY IS ON THE

PART OF THE PERSON WITH DISABILITIES. THERE ARE SOME PEOPLE WITH

DISABILITIES THAT DO NOT WANT TO -- THAT WANT TO KEEP THAT CONFIDENTIAL

AND DON'T WANT THAT DISCLOSED. WE WILL PROTECT THEIR PRIVACY IN THIS

LEGISLATION.

MR. RA: OKAY. NOW, DO WE HAVE ANY IDEA IN TERMS

OF WHAT, YOU KNOW, COSTS MIGHT BE INCURRED BY THE MUNICIPALITY IN

MAINTAINING THIS? IS IT JUST, YOU KNOW, TAKING IN THE INFORMATION, IS

THERE SOME -- SOME TYPE OF SYSTEM THEY'RE GOING TO HAVE TO PUT

TOGETHER ONCE THEY DO THAT TO ALLOW NOTIFICATIONS AND COMMUNICATIONS

WITH THESE INDIVIDUALS IN THE EVENT OF AN EMERGENCY?

MR. WEPRIN: WELL, THERE WAS A PREVIOUS VERSION OF

THIS BILL THAT WAS VETOED BY THE GOVERNOR. AT THAT TIME, THEY WERE --

THEY VETOED IT -- HE VETOED IT ON THE BASIS OF THE COST WHICH THEY

ESTIMATED AT $10 MILLION. I BELIEVE THAT THAT COST HAS GONE DOWN

SIGNIFICANTLY SINCE THEN BECAUSE OF THE INTERNET AND BECAUSE OF

RESOURCES THAT CAN QUICKLY PUT TOGETHER THESE TYPES OF REGISTRIES. SO, I

THINK $10 MILLION IS -- IS PROBABLY A VERY HIGH NUMBER; I BELIEVE IT

WOULD BE MUCH LOWER. BUT IF THIS REGISTRY CAN SAVE ONE LIVES -- ONE

LIFE, IT'S WORTH IT.

MR. RA: SURE. NOW, WHAT IS CONTEMPLATED THAT THE

COUNTY WOULD DO WITH THIS INFORMATION, BECAUSE I THINK DEPENDING ON

NYS ASSEMBLY MAY 29, 2019

THE PART OF THE STATE, YOU KNOW, SAY IF NEW YORK CITY HAS THIS

INFORMATION, I THINK IT'S VERY EASY WITHIN THOSE ENTITIES TO, YOU KNOW,

SHARE IT WITH THE POLICE DEPARTMENT, SHARE IT WITH THE FIRE DEPARTMENT,

AS OPPOSED TO MAYBE A COUNTY, YOU KNOW, LIKE NASSAU COUNTY WHERE

-- WHERE I REPRESENT. THERE'S A NUMBER OF -- THERE'S THE NASSAU COUNTY

POLICE DEPARTMENT, BUT THEN THERE'S ALSO, YOU KNOW, MANY OF OUR FIRST

RESPONDERS ARE THROUGH THE VOLUNTEER FIRE DEPARTMENT. IS THERE ANY

REQUIREMENT THAT THIS INFORMATION WOULD BE SHARED WITH THOSE TYPES OF

ENTITIES, OUR LOCAL VOLUNTEER FIRE DEPARTMENTS WHO WOULD LIKELY BE

ASSISTING IN THE EVENT OF AN EMERGENCY?

MR. WEPRIN: WELL, THE INTENTION IS TO SHARE IT WITH

AS MANY PEOPLE IN GOVERNMENT THAT ARE IN A POSITION TO ASSIST. AGAIN,

YOU KNOW, WE'RE BASICALLY, YOU KNOW, PROVIDING THE INFORMATION TO

THOSE THAT ARE GENERALLY FIRST RESPONDERS, BUT THERE ARE OTHER EXCEPTIONS

OBVIOUSLY, BUT THE IDEA IS IN THE EVENT OF AN EMERGENCY THAT THE PEOPLE

THAT NEED TO KNOW WHO HAS A DISABILITY AND WHO SHOULD BE EVACUATED

SOONER KNOW.

MR. RA: SURE. SO, IS THERE ANY ISSUE, THOUGH, WITH

REGARD TO, YOU KNOW, OBVIOUSLY IT'S CONFIDENTIAL AND, YOU KNOW, THAT'S A

POSITIVE THING THAT WE WANT TO MAKE SURE PEOPLE HAVE FAITH IN THIS

SYSTEM AND THEY'RE -- THEY'RE WILLING TO SHARE THEIR INFORMATION, BUT IN

TERMS OF MAKING SURE THAT CAN BE SHARED WITH THOSE DIFFERENT ENTITIES

WHO MAY BE RESPONDING TO AN EMERGENCY.

MR. WEPRIN: WE WOULD HOPE IT WOULD BE SHARED

WITH ALL OF THEM. THE IDEA IS TO SHARE IT WITH AS MANY PEOPLE THAT ARE

NYS ASSEMBLY MAY 29, 2019

IN A POSITION TO HELP.

MR. RA: OKAY. AND I THINK, LASTLY, YOU KNOW, WE

HAVE SOMETHING CURRENTLY CALLED THE SMART911 SYSTEM THAT'S AVAILABLE

STATEWIDE, SO, YOU KNOW, WHAT -- WHAT WOULD THIS PROVIDE THAT SOME

TYPE OF SYSTEM LIKE THAT WOULDN'T?

MR. WEPRIN: WELL, YOU KNOW, NOT EVERYBODY IS IN

THAT SMART911 SYSTEM AND THE IDEA IS THAT IN THE CASE OF AN EMERGENCY,

IN A DISASTER - AND WE'VE HAD QUITE A FEW OF THEM OVER THE LAST FEW

YEARS - THAT THE PEOPLE THAT ARE IN A POSITION TO HELP KNOW WHO THE

PEOPLE ARE IN THAT AREA THAT HAVE DISABILITY AND SHOULD GET SPECIAL

ATTENTION OR EARLY ATTENTION. THAT'S THE PURPOSE OF BILL. I'M NOT LOOKING

TO OVERRULE THE SMART911, BUT THIS IS AN ADDITIONAL RESOURCE THAT CAN

SUPPLEMENT THAT.

MR. RA: OKAY. THANK YOU VERY MUCH, MR. WEPRIN.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: SO AS WAS MENTIONED PREVIOUSLY, YOU

KNOW, THERE WAS A VERSION OF THIS BILL THAT WAS -- THAT WAS VETOED YEARS

AGO WITH REGARD TO COSTS. YOU KNOW, I WOULD HOPE THAT WITH CHANGING

TECHNOLOGY, WHETHER IT'S, YOU KNOW, OUR -- OUR MORE WIDESPREAD USE OF

THINGS LIKE SMARTPHONES AND APPS AND THINGS LIKE THAT THAT PERHAPS IT

COULD BE DONE MORE CHEAPLY THAN -- THAN IT WAS ESTIMATED AT THAT TIME.

BUT -- BUT I DO KNOW THAT MANY OF OUR COLLEAGUES HAVE -- HAVE VOTED

NO ON THIS BILL OVER THE YEARS BECAUSE OF THAT CONCERN, BECAUSE LOCAL

GOVERNMENTS HAVE RAISED AN ISSUE WITH REGARD TO COSTS. CERTAINLY, LIKE

NYS ASSEMBLY MAY 29, 2019

THE PREVIOUS BILL, VERY LAUDABLE THING, ESPECIALLY WHEN YOU CONSIDER IN

AN EMERGENCY THAT MANY -- MANY OF THESE INDIVIDUALS MIGHT BE MORE

VULNERABLE AND HAVE A HARDER TIME, WHETHER IT'S EVACUATING OR GETTING,

YOU KNOW, OR GETTING WHATEVER THEY MAY NEED IF THEY'RE SHELTERING IN

PLACE OR SOMETHING OF THAT NATURE.

BUT, YOU KNOW, OUR LOCAL GOVERNMENTS, TIME AND TIME

AND AGAIN DO RAISE THE ISSUE OF -- OF WHAT THE COSTS ARE GOING TO BE

WHEN WE PUT NEW MANDATES ON THEM, BECAUSE, YOU KNOW, WE HAVE,

YOU KNOW, A TAX CAP. WE -- WE HAVE A REDUCED AMOUNT OF AID THAT IS

GOING FROM THE STATE TO OUR LOCAL GOVERNMENTS AND I THINK BECAUSE OF

THAT REASON, YOU KNOW, MANY HAVE OPPOSED AND MAY CONTINUE TO

OPPOSE THIS LEGISLATION, BUT I DO, YOU KNOW, COMMEND THE SPONSOR FOR

TRYING TO FIND WAYS IN WHICH WE CAN ENSURE THAT THOSE WITH DISABILITIES

ARE PROTECTED AND -- AND WE'RE ABLE TO GET OUR FIRST RESPONDERS TO THEM

IN THE EVENT OF AN EMERGENCY. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ORTIZ TO EXPLAIN HIS VOTE.

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

ME TO EXPLAIN MY VOTE. I DO -- WOULD LIKE TO COMMEND THE SPONSOR FOR

THIS PARTICULAR PIECE OF LEGISLATION AND SPECIFICALLY BECAUSE WE DID

HAVE SOME ISSUES IN THE PAST ABOUT SANDY. I REPRESENT THE AREA OF

NYS ASSEMBLY MAY 29, 2019

SUNSET PARK AND RED HOOK, AND RED HOOK WAS HIT VERY BADLY BY

SANDY. AND IN ORDER TO IDENTIFY HOW MANY PEOPLE WAS DISABLED AND

THE AGE GROUP THAT WAS INCLUDED WITHIN THIS 10,000 PEOPLE THAT LIVE IN

THIS DEVELOPMENT, WAS VERY DIFFICULT TO QUANTIFY THAT. SO -- BUT I ALSO

HOPE THAT AND I AGREE WITH THE -- WITH -- WITH THE OTHER SIDE THAT -- THAT

THE NEW SYSTEM AND THE NEW TECHNOLOGY AND THE DATABASES THAT WE

HAVE WILL ALSO BE ABLE TO HELP TO IDENTIFY SOME OF THESE DISABLED AND

THE AGE GROUP THAT LIVE IN THIS DEVELOPMENT, AS WELL. SO, I WOULD LIKE

TO COMMEND THE SPONSOR, MR. SPEAKER, AND I WILL BE VOTING ON THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ORTIZ IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

COULD PLEASE CALL RACING AND WAGERING TO THE SPEAKER'S CONFERENCE

ROOM, MR. PRETLOW IS THERE AWAITING.

ACTING SPEAKER AUBRY: RACING AND

WAGERING, SPEAKER'S CONFERENCE ROOM. PLEASE PROCEED.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04737, CALENDAR NO.

410, STECK, REYES, COLTON, SIMON, JAFFEE, DE LA ROSA, DESTEFANO,

CROUCH, MOSLEY, COOK, STERN, D'URSO, ENGLEBRIGHT, SANTABARBARA,

NYS ASSEMBLY MAY 29, 2019

M.G. MILLER, BARRON, ZEBROWSKI, RIVERA, DICKENS, ROMEO, GOTTFRIED,

MONTESANO, MORINELLO. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO ESTABLISHING THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH

DISABILITIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST,

2020.

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. A07473, CALENDAR NO.

442, GUNTHER, JAFFEE. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN

RELATION TO INCREASING THE MAXIMUM ACCOUNT BALANCE FOR THE NEW YORK

ABLE PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

NYS ASSEMBLY MAY 29, 2019

MS. WALSH: THANK YOU, MR. SPEAKER. I RISE TO,

AGAIN, TO COMMEND MS. GUNTHER FOR SPONSORING THIS REALLY GREAT PIECE

OF LEGISLATION WHICH WOULD ALLOW THE CEILING FOR THE NY ABLE

ACCOUNT TO RISE FROM $100,000 PER ELIGIBLE INDIVIDUAL, UP TO $520,000

PER ELIGIBLE INDIVIDUAL, AND THAT WILL MAKE IT THE SAME AS WHAT WE

CURRENTLY HAVE FOR THE NEW YORK 529 COLLEGE SAVINGS PROGRAM. I

THINK IT'S REALLY IMPORTANT BECAUSE PEOPLE WITH DISABILITIES AS THEY AGE,

WE WANT THEM TO ACHIEVE THEIR MAXIMUM INDEPENDENCE, WHICH COSTS

MONEY, AND ALLOWING FAMILIES TO SET ASIDE MONEY TO ALLOW INDIVIDUALS

TO LIVE THEIR BEST LIVES TO BE ABLE TO HOPEFULLY BE IN SUPPORTIVE HOUSING,

TO BE ABLE TO OBTAIN JOB TRAINING, TO BE ABLE TO, PERHAPS, GO TO SCHOOL

AND ACHIEVE SOME LEVEL OF DEGREE OR DIPLOMA, TO BE ABLE TO BE

EMPLOYED. THESE ARE ALL REALLY WONDERFUL OBJECTIVES AND I THINK THAT

ALLOWING THE NY ABLE ACCOUNT TO BE ABLE TO BE AT THIS HIGHER LEVEL IS

-- IS JUST VERY CRITICAL. AND I'M JUST VERY GLAD TO SEE IT AND I WILL VOTE

IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH 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: THANK YOU, MR.

SPEAKER, FOR ALLOWING AN INTERRUPTION IN OUR PROCEEDINGS TO INTRODUCE

GUESTS IN OUR CHAMBERS. THEY ARE AL, IVETTE AND ANGELO AMOROS.

NYS ASSEMBLY MAY 29, 2019

THEY'RE FROM POMONA, NEW YORK, AND THEY'RE GUESTS OF OUR COLLEAGUE,

MR. ZEBROWSKI. COULD YOU PLEASE WELCOME THEM TO THE FLOOR, OFFER

THEM THE CORDIALITIES OF THE CHAMBERS [SIC] AND WELCOME THEM.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, MR. ZEBROWSKI, THE SPEAKER AND ALL THE

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

WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE THANK YOU FOR

SHARING THIS DAY WITH US. THIS IS THE PEOPLE'S HOUSE, YOU ARE ALWAYS

WELCOME HERE. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07492, CALENDAR NO.

444, STECK, D'URSO, DICKENS, SAYEGH, ENGLEBRIGHT, MCDONALD, CRUZ,

COLTON, BUTTENSCHON, SIMON, JAFFEE, GOTTFRIED, EPSTEIN, SANTABARBARA.

AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO COVERAGE AND

BILLING PROCEDURES IN THE MEDICAID PROGRAM FOR COMPLEX REHABILITATION

TECHNOLOGY FOR PATIENTS WITH COMPLEX MEDICAL NEEDS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. STECK.

MR. STECK: THE PURPOSE OF THIS BILL IS TO ENSURE

ADEQUATE CARE FOR PATIENTS WITH COMPLEX MEDICAL NEEDS. MANY PEOPLE

DEPEND ON MEDICALLY-NECESSARY, INDIVIDUALLY-CONFIGURED EQUIPMENT,

KNOWN AS COMPLEX REHABILITATION TECHNOLOGY, CRT, TO MAINTAIN THEIR

MOBILITY, QUALITY OF LIFE AND INDEPENDENCE. CRT INCLUDES

INDIVIDUALLY-CONFIGURED MANUAL AND POWER WHEELCHAIRS, ADAPTIVE

NYS ASSEMBLY MAY 29, 2019

SEATING AND POSITION ITEMS, AND OTHER EQUIPMENT DESIGNED TO MEET A

PATIENT'S UNIQUE NEEDS. FOR INDIVIDUALS WITH SIGNIFICANT PHYSICAL OR

FUNCTIONAL IMPAIRMENTS, HAVING THE APPROPRIATE EQUIPMENT CAN MEAN

THE DIFFERENCE BETWEEN CONSTANT PAIN AND IMMOBILITY AND AN ACTIVE,

FULFILLING LIFE.

THIS BILL WOULD REQUIRE THE COMMISSIONER OF HEALTH

TO MAINTAIN SPECIFIC BILLING PROCEDURES FOR COMPLEX REHABILITATION

TECHNOLOGY PRODUCTS TO ENSURE THAT MEDICAID PATIENTS, FOR SUCH

PRODUCTS PERMIT ADEQUATE ACCESS TO SUCH PRODUCTS AND SERVICES FOR

COMPLEX PATIENT NEEDS. SO, FOR EXAMPLE, THERE ARE MANY PEOPLE WITH

DISABILITIES FOR WHOM THE, YOU KNOW, OFF-THE-RACK WHEELCHAIR

EQUIPMENT SIMPLY DOES NOT WORK; IT WOULD ACTUALLY CAUSE THEM GREAT

PAIN AND DISCOMFORT. THEY NEED TO HAVE EQUIPMENT THAT IS SPECIFICALLY

DENIED [SIC] FOR THEIR UNIQUE CONDITIONS. FOR EXAMPLE, SOME THAT HAVE

EXTREME CURVATURE OF THE SPINE WOULD NEED THIS, AND MY UNDERSTANDING

IS THAT MEDICARE HAS DEVELOPED A BILLING SYSTEM FOR THIS -- FOR THESE

PARTICULAR ITEMS OF EQUIPMENT. THIS LEGISLATION ENSURES THAT MEDICAID

DOES THE SAME.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD?

MR. STECK: ABSOLUTELY, YES.

ACTING SPEAKER AUBRY: MR. STECK YIELDS.

MR. GOODELL: MR. STECK, UNDER CURRENT LAW,

NYS ASSEMBLY MAY 29, 2019

DOESN'T THE DEPARTMENT OF HEALTH HAVE A PROCESS AND PROCEDURE FOR

APPROVING THIS TYPE OF EQUIPMENT TO ENSURE THAT THOSE WHO ARE DISABLED

HAVE THE EQUIPMENT THAT THEY NEED TO LIVE A PRODUCTIVE LIFE?

MR. STECK: WELL, THEY DO, BUT I WOULD SAY AT LEAST

FROM MY PERSPECTIVE, I MUCH PREFER THAT MATTERS BE OUTLINED MORE

CLEARLY IN LEGISLATION THAN LEAVING THINGS UP TO THE DEPARTMENT TO DO IN

ITS DISCRETION. WE DON'T KNOW WHAT STANDARDS THEY'RE GOING TO USE AND

I, PERSONALLY, AM NOT ONE OF A PHILOSOPHY THAT BELIEVES IN HANDING

BLANK CHECKS OVER TO ADMINISTRATIVE AGENCIES.

MR. GOODELL: WELL, AS YOU KNOW, WE RELY ON

ADMINISTRATIVE AGENCIES EXTENSIVELY TO PREPARE RULES AND REGULATIONS

THAT ARE SUBMITTED FOR PUBLIC COMMENT AS PART OF THE ADMINISTRATIVE

PROCEDURE ACT, UNLIKE MOST OF OUR LEGISLATION; ADVANCED NOTICE, ALSO

UNLIKE MOST OF OUR LEGISLATION. IS THERE A PROBLEM WITH THE EXISTING

RULES AND REGULATIONS THAT THE DEPARTMENT HAS PROMULGATED THAT

CURRENTLY REQUIRE PHYSICIAN AUTHORIZATION, A REVIEW AND AN EVALUATION

AS PART OF AN APPROVAL PROCESS?

MR. STECK: SO, QUITE FRANKLY, FROM THIS MEMBER'S

POSITION, I THINK WE GIVE FAR TOO MUCH LEEWAY TO NEW YORK STATE

ADMINISTRATIVE AGENCIES IN MANY OF THE BILLS THAT WE DO. WE DON'T

GIVE THEM CLEAR CRITERIA BY WHICH TO OPERATE. THIS LEGISLATION UPDATES

THE CURRENT SITUATION AS PROVIDED IN THE REGULATIONS OF THE DEPARTMENT

OF HEALTH TO MAKE SURE THAT IT IS CONSISTENT WITH WHAT MEDICARE IS

DOING. AND IT'S NOT SO MUCH THAT THERE'S NOT A PROBLEM WITH THE

REGULATIONS THAT THEY NEED TO BE REVISED, BUT THE LEGISLATION DOES

NYS ASSEMBLY MAY 29, 2019

PROVIDE MUCH CLEARER GUIDANCE ON THIS ISSUE THAN EXISTS UP TO THIS

POINT.

I WOULD ALSO NOTE THAT THIS BILL WAS VETOED PREVIOUSLY

BY THE GOVERNOR, AND ONE OF THE ISSUES THAT THE GOVERNOR HAD WITH THE

BILL WAS THAT HE WAS CONCERNED THAT THERE WOULD BE SELF-DEALING BY

PHYSICIANS RECOMMENDING THIS TYPE OF CUSTOMIZED AND OBVIOUSLY

EXPENSIVE EQUIPMENT FOR THEIR PATIENTS, AND I WOULD POINT OUT THAT ONE

OF THE THINGS WHICH THIS BILL DOES IS STATE THAT A QUALIFIED HEALTH CARE

PROFESSIONAL MAKING THE RECOMMENDATION OF THIS TYPE OF EQUIPMENT

MUST HAVE NO FINANCIAL RELATIONSHIP WITH THE COMPLEX REHABILITATION

TECHNOLOGY SUPPLIER. SO, I THINK, AGAIN, THIS IS AN UPDATE TO MAKE SURE

THAT MEDICAID IS AS CURRENT AS WHAT'S BEING DONE IN BILLING FOR THIS

EQUIPMENT WITH MEDICARE, AND ALSO ELIMINATE THAT POSSIBILITY OF

CONFLICT OF INTEREST.

MR. GOODELL: AS YOU KNOW, THERE'S BEEN A LOT OF

CONCERN OVER THE COST OF THE MEDICAID PROGRAM; IN FACT, IF I'M NOT

MISTAKEN, NEW YORK'S MEDICAID PROGRAM COSTS MORE THAN CALIFORNIA

AND FLORIDA COMBINED, EVEN THOSE BOTH STATES ARE MUCH LARGER THAN US,

AND AS PART OF THAT, WE'VE HAD A MEDICAID REDESIGN TEAM ALL DESIGNED

TO AT LEAST CONTROL THE GROWTH. AND, AS YOU KNOW, THE GROWTH ON

MEDICAID HAS BEEN CAPPED AT 3 PERCENT WHICH IS ACTUALLY, YOU KNOW,

50 PERCENT MORE THAN THE GROWTH THAT WE'VE SEEN FOR SCHOOL AID, FOR

EXAMPLE. HAS THIS PROPOSAL BEEN REVIEWED BY THE MEDICAID REDESIGN

TEAM AND DO WE HAVE ANY RECOMMENDATIONS AS IT RELATES TO THE COST OF

THE PROGRAM?

NYS ASSEMBLY MAY 29, 2019

MR. STECK: I DON'T THINK THAT THAT IS A RELEVANT

DISCUSSION IN THIS BILL, I'M SORRY TO SAY, BECAUSE THESE FOLKS CANNOT USE

REGULAR, OFF-THE-SHELF EQUIPMENT. IT WILL CAUSE THEM SEVERE DISTRESS,

PAIN AND LIMIT THEIR MOBILITY IN A WAY THAT WE SHOULD NOT BE DOING AND

I THINK SOMETIMES WE JUST HAVE TO BITE THE BULLET AND INCLUDE THIS IN THE

MEDICAID SYSTEM, REGARDLESS OF WHAT THE COST MIGHT BE. THERE'S NO

SHOWING THAT THERE'S ENOUGH PEOPLE THAT WOULD BE QUALIFIED FOR THIS

TYPE OF EQUIPMENT THAT IT WOULD PUT A SUBSTANTIAL DENT IN MEDICAID, BUT

I AM CERTAINLY VERY MINDFUL OF THE GENERAL HIGH COST OF MEDICAID IN

NEW YORK. WE HAVE A DIFFERENCE OF PERSPECTIVE; THAT'S WHY I SUPPORT

SINGLE-PAYER HEALTH INSURANCE.

MR. GOODELL: SO, IS IT YOUR OPINION THAT THE

DEPARTMENT OF HEALTH AND THIS ADMINISTRATION IS INSENSITIVE TO THE

NEEDS OF PEOPLE WITH SPECIAL NEEDS AND ARE NOT ADEQUATELY RESPONDING

TO THIS NEED?

MR. STECK: I GENERALLY PHILOSOPHICALLY FAVOR

LEGISLATION OVER BUREAUCRATIC SOLUTIONS TO PROBLEMS. I THINK ONE OF THE

THINGS THAT WE DO IN THIS BODY VERY WELL IS MEET WITH PEOPLE ALL THE

TIME AND DISCUSS THESE THINGS VERY CLOSELY. AND, YOU KNOW, PEOPLE

CAN TALK TO ME AT ANY TIME ABOUT ANY LEGISLATION WHEN I'M OUT IN MY

DISTRICT EVEN HAVING DINNER WITH MY FAMILY. THAT'S NOT SOMETHING YOU

CAN DO WITH AN ADMINISTRATIVE AGENCY. YES, THERE'S A FORMAL COMMENT

PERIOD AND ALL OF THAT, BUT IT'S JUST NOT THE SAME. I THINK THAT'S WHY

WE'RE HERE IN THE LEGISLATURE TO BE MORE RESPONSIVE AND LESS DISTANT

FROM OUR CONSTITUENTS WHO HAVE THESE ISSUES.

NYS ASSEMBLY MAY 29, 2019

MR. GOODELL: HAVE YOU REACHED OUT TO THE

DEPARTMENT OF HEALTH AND EXPRESSED YOUR CONCERN THAT THEY ARE NOT

BEING ADEQUATELY RESPONSIVE AND, IF SO, WHAT WAS THEIR RESPONSE?

MR. STECK: WELL, WE HAVE NOT REACHED OUT TO THE

DEPARTMENT OF HEALTH. WE FEEL THAT THIS LEGISLATION WAS NECESSARY TO

PROVIDE FOR RIGHTS OF PERSONS WITH DISABILITIES WHO HAVE THESE UNIQUE

CHARACTERISTICS AND TO TRY AND AVOID PUTTING ANYONE IN HARM'S WAY

BECAUSE OF WHAT MIGHT BE SOME SORT OF SLOW AND BUREAUCRATIC REACTION

TO AN ISSUE WHICH, BY THE WAY, WE'VE ALL EXPERIENCED WITH OUR

CONSTITUENTS HAVING RELATIONSHIPS WITH ADMINISTRATIVE AGENCIES IN THE

STATE OF NEW YORK; IN FACT, I THINK WE DEAL WITH THIS MAYBE NOT EVERY

DAY, BUT ABOUT EVERY WEEK.

MR. GOODELL: DO YOU HAVE ANY DATA ON HOW SLOW

AND HOW BUREAUCRATIC AND HOW UNRESPONSIVE THE CURRENT

ADMINISTRATION IS IN RESPONDING TO THE UNIQUE CHALLENGES OF THOSE WHO

NEED COMPLEX REHABILITATION TECHNOLOGY? DO WE HAVE ANY DATA ON

WHAT -- HOW LONG THESE APPLICATIONS ARE TAKING AND HOW MANY ARE

APPROVED OR REJECTED?

MR. STECK: NO, I DON'T, AND LET ME SAY, YOU WILL

NEVER SEE THIS MEMBER ADVANCE A STUDY BILL IN THIS BODY OR A BILL TO

FORM A COMMISSION BECAUSE GENERALLY THE FASTEST WAY TO GET NOTHING

DONE IS TO FORM A COMMITTEE AND TO HAVE A STUDY. SO, WHY NOT JUST DO

IT RIGHT THE FIRST TIME.

MR. GOODELL: CERTAINLY A LOT OF PEOPLE, THOUGH,

SPEND A GREAT DEAL OF THOUGHT AND CARE IN DEVELOPING INDEPENDENT

NYS ASSEMBLY MAY 29, 2019

EVALUATIONS. OFTENTIMES, AS YOU KNOW, WE RECEIVE INFORMATION, VERY

THOUGHTFUL, COMPREHENSIVE INFORMATION PREPARED BY ADVOCATE GROUPS

AND OTHERS THAT DOCUMENT THE EXTENT AND NATURE OF THE PROBLEM. DO WE

HAVE ANYTHING OF THAT NATURE FOR THIS ISSUE?

MR. STECK: WE DO NOT, BUT THE FACT IS THAT THIS IS A

DEFINITE NEED THAT HAVE BEEN IDENTIFIED TO THE TASK FORCE ON PEOPLE

WITH DISABILITIES BY THE DISABILITY COMMUNITY, AND WE KNOW PEOPLE,

EVERYONE KNOWS PEOPLE WHO USE THIS TECHNOLOGY AND FOR US NOT TO

PROVIDE A SYSTEM OF ADEQUATE PAYMENT FOR IT, I THINK WE WOULD BE LAX

IN OUR DUTIES AND SITTING BACK AND WAITING FOR REGULATIONS FROM THE

DEPARTMENT, IN MY HUMBLE OPINION, IS NOT WHAT WE SHOULD BE DOING.

MR. GOODELL: OF COURSE, AS PART OF OUR

MEMORANDUMS THAT ACCOMPANY OUR LEGISLATION, WE EXPLAIN, YOU KNOW,

THE PURPOSE, THE JUSTIFICATION AND IN RELATIVELY PLAIN ENGLISH WHAT WE'RE

TRYING TO ACCOMPLISH, BUT ONE OF THE OTHER REQUIREMENTS IS THE FISCAL

IMPLICATIONS. CAN YOU GIVE US AN IDEA OF WHAT YOU ANTICIPATE THE FISCAL

IMPLICATIONS WILL BE FOR THIS BILL?

(PAUSE) (SIDEBAR)

MR. STECK: RIGHT. THE DIFFICULTY IS IT'S A VERY

SMALL POPULATION. WE DO NOT HAVE THE FISCAL IMPLICATIONS. THAT WOULD

-- I THINK WITHOUT HAVING THIS IN PLACE, WE'RE NOT GOING TO KNOW THE

FISCAL IMPLICATIONS, BUT, QUITE FRANKLY, AS I SAID EARLIER THAT EVEN IF IT

HAS FISCAL IMPLICATIONS, I DON'T THINK WE CAN SAY TO THIS SMALL CLASS OF

PEOPLE THAT WE'RE GOING TO CAUSE THEM TO LIVE IN PAIN WITH OFF-THE-SHELF

EQUIPMENT WHEN THAT EQUIPMENT JUST DOES NOT WORK FOR THEM.

NYS ASSEMBLY MAY 29, 2019

MR. GOODELL: I NOTE -- YOU NOTED, ACTUALLY, THAT

THE GOVERNOR HAS VETOED SIMILAR BILLS TWICE; ONCE IN 2016, THE LAST VETO

WAS IN 2017. AND WHEN HE VETOED IT, HE EXPRESSED CONCERNS OVER

UNBUDGETED COST INCREASES, AS WELL AS INTEGRITY CONCERNS WITH THE

MEDICAID PROGRAM. HAVE THOSE ISSUES BEEN ADDRESSED WITH THE

GOVERNOR'S STAFF, AND HE IS NOW ON BOARD?

MR. STECK: WELL, I DON'T KNOW IF THE GOVERNOR'S

ON BOARD WITH THIS LEGISLATION. I THINK A LOT OF THIS IS SIMILAR TO THE

GOVERNOR SAYING THAT IF HE DOESN'T WANT TO DO A BILL FOR A REASON, THAT IT

SHOULD BE PART OF THE BUDGET AND THEN HE HIMSELF PUT THINGS IN THE

BUDGET THAT SHOULDN'T BE PART OF THE BUDGET. SO, I DON'T -- WE PUT A BILL

FORWARD THAT TRIED TO ADDRESS THE MAJOR CONCERN OF THE GOVERNOR WHICH

ALLEGEDLY WAS CONFLICTS OF INTEREST, AND WE ARE CONFIDENT THAT THIS

GOVERNOR, WITH THE SUPPORT OF THE ASSEMBLY AND THE SENATE, WILL NOT

WANT TO EXCLUDE THIS CLASS OF PEOPLE FROM PROPER CARE UNDER MEDICAID,

AND THAT WE WILL BUDGET ADEQUATELY FOR THIS WHEN THE TIME COMES.

MR. GOODELL: OBVIOUSLY, THE GOVERNOR HAS A

CONCERN ABOUT THE COST, I MEAN, THAT'S -- HE MENTIONED IT IN ALL OF HIS

VETO MESSAGES. WAS THIS LEGISLATION INCLUDED IN THE ASSEMBLY

ONE-HOUSE BUDGET BILL?

MR. STECK: IT WAS NOT.

MR. GOODELL: I SEE. I'M JUST SUGGESTING THAT

MIGHT BE ONE WAY TO ADDRESS THOSE FINANCIAL ISSUES, AS WELL.

MR. STECK: WELL, WE'LL CERTAINLY, IF WE PASS IT

TODAY, WE'LL CERTAINLY MAKE SURE IT'S IN THERE NEXT TIME.

NYS ASSEMBLY MAY 29, 2019

MR. GOODELL: I SEE. THANK YOU VERY MUCH, MR.

STECK. I APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: SO, IF I UNDERSTAND THE COMMENTS

CORRECTLY, THE DEPARTMENT OF HEALTH CURRENTLY HAS A PROCESS AND A

PROCEDURE FOR HELPING PEOPLE WITH DISABILITIES TO HELP THEM GET

EQUIPMENT THAT WILL HELP THEM MAXIMIZE THEIR -- THEIR POTENTIAL. SO,

WE ALREADY HAVE A SYSTEM. IT'S MY UNDERSTANDING WE DON'T HAVE ANY

STUDY DOCUMENTING A PROBLEM WITH THAT. WE DON'T KNOW IF THERE'S ANY

DOCUMENTED DELAYS. WE DON'T KNOW HOW MANY PEOPLE CLAIM THEY

AREN'T BEING PROPERLY SERVICED, AND WE DON'T HAVE ANY STUDY ON THAT.

WE DON'T KNOW THE COST AND WE'RE TOLD THAT WE SHOULD ADOPT IT FIRST AND

FIGURE OUT THE COST LATER, BUT WE DO KNOW THAT IT HASN'T BEEN REVIEWED

OR APPROVED BY THE DEPARTMENT OF HEALTH. WE KNOW THE GOVERNOR'S

VETOED IT TWICE OVER COST CONCERNS. WE KNOW IT HASN'T BEEN REVIEWED

BY THE MEDICAID REDESIGN TEAM, AND WE KNOW THAT OUR CURRENT

PROGRAM IS ONE OF THE MOST EXPENSIVE IN THE NATION; ACTUALLY, ON A PER

CAPITA BASIS, IT IS THE MOST EXPENSIVE.

AND SO, I ABSOLUTELY AGREE WITH THE SPONSOR, MR.

STECK, ABSOLUTELY AGREE THAT WE WANT TO MAKE SURE THAT PEOPLE WITH

DISABILITIES HAVE THE EQUIPMENT THAT IS AVAILABLE FOR THEM. I'M JUST NOT

SURE THAT WE HAVE A NEED TO SET ASIDE THE CURRENT SYSTEM THAT'S DESIGNED

TO ADDRESS THAT NEED, AND I MAY BE WRONG, I'M JUST NOT YET CONVINCED

NYS ASSEMBLY MAY 29, 2019

THAT THE GOVERNOR'S ADMINISTRATION IS IGNORING THE NEEDS OF THESE

DISABLED INDIVIDUALS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 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.

WE WILL GO TO PAGE 4, CALENDAR NO. 366.

THE CLERK: ASSEMBLY NO. A00119-A, CALENDAR

NO. 366, BUCHWALD, GALEF, PAULIN. AN ACT TO AMEND THE PUBLIC

OFFICERS LAW, IN RELATION TO ACCESSING RECORDS UNDER THE FREEDOM OF

INFORMATION LAW.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00123, CALENDAR NO.

367, BUCHWALD, ORTIZ, D'URSO. AN ACT TO AMEND THE GENERAL

NYS ASSEMBLY MAY 29, 2019

MUNICIPAL LAW, IN RELATION TO INSURANCE RESERVE FUNDS FOR THE BEDFORD

CENTRAL SCHOOL DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BUCHWALD, 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. A00187, CALENDAR NO.

368, D'URSO, LENTOL, ARROYO. AN ACT TO AMEND THE PENAL LAW, IN

RELATION TO FINES FOR CORPORATIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00230, CALENDAR NO.

369, BRAUNSTEIN, ABINANTI, ZEBROWSKI, COLTON, JAFFEE, STECK, WEPRIN.

AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE PROTECTION OF

PRIVATE PATIENT INFORMATION BY AMBULANCE SERVICES.

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.

NYS ASSEMBLY MAY 29, 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. A00349-A, CALENDAR

NO. 370, PAULIN, GALEF, ABINANTI, BUCHWALD, PRETLOW, OTIS, JACOBSON.

AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE FILING OF PAPERS IN

THE COUNTY OF WESTCHESTER.

ACTING SPEAKER AUBRY: 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 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. A00382, CALENDAR NO.

371, LIFTON, STIRPE, O'DONNELL, GALEF. AN ACT TO DIRECT THE DEPARTMENT

OF STATE TO CONDUCT A STUDY ON THE USE OF LEGAL MATERIAL IN AN ELECTRONIC

FORMAT AND ACCESS TO SUCH LEGAL MATERIALS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY MAY 29, 2019

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00486-A, CALENDAR

NO. 372, L. ROSENTHAL, MOSLEY, GOTTFRIED, OTIS, WEPRIN, ORTIZ, PERRY,

DAVILA, DINOWITZ, SIMON, M.G. MILLER, LIFTON, BARRON, SEAWRIGHT,

RICHARDSON, BENEDETTO, STECK, BRONSON, CRESPO, HUNTER, ROZIC,

COLTON, TAYLOR, PICHARDO, EPSTEIN, REYES, DESTEFANO, ZEBROWSKI,

STIRPE, CARROLL, MCMAHON, RAMOS, JAFFEE. AN ACT TO AMEND THE LIEN

LAW, IN RELATION TO EMPLOYEE LIENS; TO AMEND THE LABOR LAW, IN

RELATION TO EMPLOYEE COMPLAINTS; TO AMEND THE CIVIL PRACTICE LAW AND

RULES, IN RELATION TO GROUNDS FOR ATTACHMENT; TO AMEND THE BUSINESS

CORPORATION LAW, IN RELATION TO STREAMLINING PROCEDURES WHERE

EMPLOYEES MAY HOLD SHAREHOLDERS OF NON-PUBLICLY TRADED CORPORATIONS

PERSONALLY LIABLE FOR WAGE THEFT; AND TO AMEND THE LIMITED LIABILITY

COMPANY LAW, IN RELATION TO CREATING A RIGHT FOR VICTIMS OF WAGE THEFT

TO HOLD THE TEN MEMBERS WITH THE LARGEST OWNERSHIP INTERESTS IN A

COMPANY PERSONALLY LIABLE FOR WAGE THEFT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00570, CALENDAR NO.

373, JAFFEE, WRIGHT, DENDEKKER, D'URSO, COOK, CRUZ, DICKENS,

CRESPO, MOSLEY, BLAKE, ABBATE, HUNTER, SCHMITT, GLICK, HYNDMAN,

SIMON, ABINANTI, MCDONOUGH, FALL, RAYNOR, M.L. MILLER, FERNANDEZ,

NYS ASSEMBLY MAY 29, 2019

ASHBY, BARNWELL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO REQUIRING AGENCIES TO PROVIDE POTENTIAL ADOPTIVE PARENTS

WITH INFORMATION CONCERNING STATE-FUNDED BENEFITS OR SERVICES

RECEIVED BY A FOSTER CHILD THAT EXPIRE UPON ADOPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00580, CALENDAR NO.

374, JAFFEE, LUPARDO, SIMOTAS, ABINANTI, ZEBROWSKI, SIMON,

HYNDMAN, BUCHWALD, GOTTFRIED, JEAN-PIERRE, WOERNER, COLTON, ASHBY,

MOSLEY, FAHY. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

IMPLEMENTING A COST ESTIMATION MODEL FOR CHILD CARE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00754, CALENDAR NO.

37 -- ASSEMBLY NO. A00605-A, CALENDAR NO. 375, L. ROSENTHAL. AN

ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO ADDING A

"SCHOOL BUS SAFETY" AWARENESS COMPONENT TO THE PRE-LICENSING

DRIVER'S EDUCATION COURSE.

NYS ASSEMBLY MAY 29, 2019

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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 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. A00754, CALENDAR NO.

376, JOYNER, ORTIZ, GOTTFRIED, SIMON, BARRON, D'URSO, JAFFEE, COLTON,

PERRY, WEPRIN. AN ACT TO AMEND THE JUDICIARY LAW, IN RELATION TO

REQUIRING THE OFFICE OF COURT ADMINISTRATION TO COLLECT AND MAINTAIN

DATA ON LIMITED ENGLISH PROFICIENT LITIGANTS IN THE STATE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00837, CALENDAR NO.

377, L. ROSENTHAL. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

VOTER NOTIFICATION OF SPECIAL ELECTIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00852, CALENDAR NO.

378, SIMOTAS, STECK, JAFFEE, ZEBROWSKI, BLAKE, WRIGHT. AN ACT TO

AMEND THE GENERAL OBLIGATIONS LAW, IN RELATION TO THE PROVISIONS OF

CONSUMER AND EMPLOYMENT CONTRACTS.

NYS ASSEMBLY MAY 29, 2019

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01120, CALENDAR NO.

379, GOTTFRIED, ABINANTI, D'URSO, MCDONOUGH, COLTON, GALEF, SAYEGH,

DESTEFANO. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE MENTAL

HYGIENE LAW, IN RELATION TO PATIENT HEALTH INFORMATION AND MEDICAL

RECORDS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01167, CALENDAR NO.

380, D. ROSENTHAL, D'URSO, STECK, STIRPE, SEAWRIGHT, L. ROSENTHAL,

ORTIZ, MCDONALD, CRUZ, MCDONOUGH, COOK, DICKENS, ARROYO. AN ACT

TO AMEND -- AN ACT TO REPEAL CERTAIN PROVISIONS OF THE INSURANCE LAW

RELATING TO ANTI-ARSON APPLICATIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01184, CALENDAR NO.

381, GLICK, FAHY, STIRPE, GRIFFIN. AN ACT TO AMEND THE EDUCATION LAW,

IN RELATION TO MANDATORY REPORTING OF CERTAIN CONVICTIONS, PROFESSIONAL

MISCONDUCT AND/OR ADVERSE EMPLOYMENT ACTIONS; AND TO AMEND THE

CRIMINAL PROCEDURE LAW, IN RELATION TO NOTICE TO THE EDUCATION

NYS ASSEMBLY MAY 29, 2019

DEPARTMENT.

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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO INTRODUCE

SOME GUESTS IN OUR CHAMBERS [SIC]. THEY ARE OUR NEIGHBORS FROM THE

NORTH. PHYLLIS YAFFE IS THE CONSUL GENERAL FROM CANADA; IAN TODD IS

FROM THE ONTARIO TRADE REPRESENTATIVE; PETER ROSE IS THE GOVERNMENT

RELATIONS, AND RACHAEL HOMEWOOD IS THE SENIOR ADVISOR TO THE

CONSUL GENERAL. MR. SPEAKER, IF YOU COULD PLEASE WELCOME OUR

NEIGHBORS FROM THE NORTH TO OUR CHAMBERS [SIC] TODAY, OFFER THEM THE

CORDIALITIES OF THE FLOOR, I WOULD BE GREATLY APPRECIATED.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

YOU THE PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S HOUSE, YOU ARE

ALWAYS WELCOME HERE AND ALWAYS FRIENDS TO THE NORTH. THANK YOU SO

NYS ASSEMBLY MAY 29, 2019

VERY MUCH. GLAD THAT YOU'VE JOINED US ON THIS DAY. THANK YOU.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01192, CALENDAR NO.

382, GOTTFRIED, CAHILL, RIVERA, GLICK, PAULIN, JAFFEE, LIFTON, COOK,

PERRY, ENGLEBRIGHT, O'DONNELL, ARROYO, L. ROSENTHAL, HEVESI,

BRONSON, FAHY, MOSLEY, WEPRIN, OTIS, STECK, PICHARDO, AUBRY, ORTIZ,

SEAWRIGHT, LAVINE, D'URSO, SIMOTAS, DICKENS, TAYLOR, RAIA, SIMON,

BARRON, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW, THE

EDUCATION LAW AND THE LABOR LAW, IN RELATION TO PROHIBITING

PARTICIPATION IN TORTURE AND IMPROPER TREATMENT OF PRISONERS BY HEALTH

CARE PROFESSIONALS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01525-A, CALENDAR

NO. 383, BUCHWALD, JACOBSON. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO WATCHERS DURING ELECTION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01824, CALENDAR NO.

NYS ASSEMBLY MAY 29, 2019

384, LAVINE. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION

TO CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL IN POST-CONVICTION

MOTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01931, CALENDAR NO.

385, ZEBROWSKI, WEPRIN, BLAKE. AN ACT TO AMEND THE BANKING LAW,

IN RELATION TO THE ORDER IN WHICH A PAYOR BANK SHALL PAY CHECKS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01971, CALENDAR NO.

386, ZEBROWSKI, COOK, LUPARDO, THIELE, D'URSO, BLAKE, STECK,

PALMESANO, CROUCH, BYRNE, FRIEND, STIRPE. AN ACT TO AMEND THE

ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO EXPANDING THE AMOUNT

OF BARRELS THAT A RESTAURANT BREWER MAY SELL AT RETAIL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY MAY 29, 2019

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES IF A [SIC] ANNOUNCEMENT.

MR. OTIS: EVERYONE SHOULD SIMMER DOWN A LITTLE.

WE'RE GOING TO HAVE A MAJORITY CONFERENCE UPON THE CONCLUSION OF

SESSION TODAY IN THE SPEAKER'S CONFERENCE ROOM. SEE YOU THERE.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE, SPEAKER'S CONFERENCE ROOM.

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: OH, WE HAVE BOTH,

MRS. PEOPLES-STOKES. WE HAVE BOTH.

ON BEHALF OF MR. GOTTFRIED, BILL NO. A04072,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND THE PUBLIC HEALTH

LAW.

ACTING SPEAKER AUBRY: THERE IS A MOTION TO

NYS ASSEMBLY MAY 29, 2019

RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ON BEHALF OF MRS. GUNTHER, BILL NO. A04109-A,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND THE SOCIAL SERVICES

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.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ON BEHALF OF MR. DINOWITZ, BILL NO. A04745,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND CHAPTER 455 OF THE

LAWS OF 1997.

NYS ASSEMBLY MAY 29, 2019

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.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

NUMEROUS FINE RESOLUTIONS, WE WILL TAKE THEM UP IN

ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE;

OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 452-463

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:30 A.M., THURSDAY,

MAY THE 30TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:37 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, MAY 30TH AT 10:30 A.M., THURSDAY BEING A

SESSION DAY.)