WEDNESDAY MAY 8, 2019 10:32 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

RABBI ROY FELDMAN WILL OFFER A PRAYER.

RABBI ROY FELDMAN: (SPEAKING FOREIGN

LANGUAGE) BLESSED ARE YOU, GOD, WHO COMMANDED US TO COUNT THE

OMER. EACH NIGHT THIS SEASON, JEWISH PEOPLE RECITE THAT BLESSING AS

WE COUNT THE 49 DAYS BETWEEN PASSOVER, A HOLIDAY COMMEMORATING

OUR PEOPLE'S EXODUS FROM EGYPTIAN SLAVERY, AND SHAVUOT, THE NEXT

HOLIDAY, WHICH COMMEMORATES GOD'S GIVING OF TABLETS OF LAW ON

MOUNT SINAI. THIS COUNT RECOGNIZES A SIMPLE, YET, OFTEN OVERLOOKED

TRUTH: THE ISRAELITES COULD NOT GO FROM ENSLAVED NATION TO CHOSEN

PEOPLE INSTANTANEOUSLY. THE PROCESS WAS SLOW, REQUIRED MANY STEPS.

EACH DAY, SOME SMALL INCREMENTAL GAIN WAS ACQUIRED AND

NYS ASSEMBLY MAY 8, 2019

IMPROVEMENT MADE. SOMETIMES EVEN STEPS BACKWARDS, MISTAKES

MADE, MISTAKES CORRECTED, UNTIL GOD FELT THEY WERE READY FOR THOSE

TABLETS.

THAT WHICH WAS TRUE THEN FOR THE ISRAELITES REMAINS

TRUE FOR US. GIANT LEAPS ARE IMPOSSIBLE; INSTEAD, SMALL INCREMENTAL

STEPS, MICRO ACHIEVEMENTS, IF YOU WILL, EVENTUALLY ADD UP. NO ONE

UNDERSTANDS THAT BETTER AND MORE INTIMATELY THAN OUR ELECTED OFFICIALS.

MEMBERS OF THE ASSEMBLY AND THE REST OF GOVERNMENT AND THEIR STAFFS.

SO, LET US PRAY. (SPEAKING FOREIGN LANGUAGE) WISE

AND MERCIFUL GOD, BLESS THE MEMBERS OF THIS NEW YORK STATE

ASSEMBLY, THEIR STAFFS AND ALL OTHERS WHO SERVE OUR STATE AS THEY STUDY

AND DISCUSS, LABOR AND TOIL OVER BILLS, ACTS, RESOLUTIONS AND ALL FORMS OF

LEGISLATION. MAY THE EFFORTS OF THE MEMBERS OF THIS BODY BE

UNDERTAKEN WITH LOVE, KINDNESS, PATIENCE, WISDOM AND DEEP THOUGHT.

MAY THEY NOT DESPAIR AND MAY THEY CELEBRATE EACH, EVEN SMALL

ACHIEVEMENT AS A PROUD FULFILLMENT OF THEIR RESPONSIBILITIES TOWARDS

OUR WONDERFUL STATE AND ITS CITIZENS. AS THE TALMUDIC SAGES WISELY

SAID, IT IS NOT INCUMBENT UPON YOU TO COMPLETE THE WORK, BUT NEITHER

ARE YOU AT LIBERTY TO DESIST FROM IT. AND MAY THOSE ACHIEVEMENTS ADD

UP COLLECTIVELY AND SERVE TO MAKE OUR ALREADY GREAT STATE OF NEW YORK

EVEN GREATER. 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

NYS ASSEMBLY MAY 8, 2019

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MAY 7TH.

MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE READING OF THE JOURNAL OF TUESDAY, MAY THE 7TH AND

ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. FOR MY COLLEAGUES AND VISITORS AND STAFF THAT ARE IN THE

CHAMBERS, I WOULD LIKE TO SHARE A QUOTE WITH YOU. I THINK IT ACTUALLY

COINCIDES WITH THE PRAYER -- THE WONDERFUL PRAYER THAT WE WERE OFFERED

THIS MORNING BY THE RABBI. THIS QUOTE IS FROM THE REVEREND DR.

MARTIN LUTHER KING, AND IT SAYS, "OUR LIVES BEGIN TO END THE DAY WE

BECOME SILENT ABOUT THINGS THAT MATTER." AGAIN, THAT'S REVEREND DR.

MARTIN LUTHER KING.

MR. SPEAKER, MEMBERS SHOULD BE AWARE THAT THEY

HAVE ON THEIR DESK A -- A MAIN CALENDAR AND AFTER ANY INTRODUCTIONS

AND/OR HOUSEKEEPING, WE WILL TAKE UP THE RESOLUTIONS THAT ARE ON PAGE

3, AND THEN WE WILL CONTINUE WITH OUR CONSENT OF THE MAIN CALENDAR,

BEGINNING WITH CALENDAR NO. 261 ON PAGE 22. WE WILL ALSO TAKE UP A

FEW BILLS UNDER DEBATE, AS WELL.

THAT IS A GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE

NYS ASSEMBLY MAY 8, 2019

INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE

TIME.

ACTING SPEAKER AUBRY: CERTAINLY.

INTRODUCTIONS.

MS. FAHY FOR THE PURPOSES OF A [SIC] INTRODUCTION.

MS. FAHY: THANK YOU, MR. SPEAKER. AND, FIRST, I

WANT TO BEGIN WITH A VERY SINCERE THANKS AND IF YOU'D ALLOW ME, AGAIN,

TO INTERRUPT THESE PROCEEDINGS ON BEHALF OF MYSELF AND

ASSEMBLYMEMBER MCDONALD TO THANK RABBI ROY FELDMAN WHO'S HERE

REPRESENTING THE CONGREGATION, AS YOU MENTIONED, CONGREGATION BETH

ABRAHAM-JACOB, WHICH IS ON WHITEHALL ROAD IN ALBANY. BUT JUST AS

IMPORTANT IS THAT RABBI FELDMAN GREW UP IN QUEENS WHERE -- IN

ASSEMBLYMEMBER DAVID WEPRIN'S DISTRICT, THOUGH HE NOW SERVES THE

CONGREGATION HERE IN ALBANY, BUT WE'RE -- WE'RE ALL SHARING HIM TODAY,

IF YOU WILL.

CONGREGATION BETH ABRAHAM-JACOB IS AN ORTHODOX

SYNAGOGUE ESTABLISHED NEARLY 200 YEARS AGO AND IT SERVES THE NEEDS OF

THE JEWISH COMMUNITY HERE IN THE CAPITAL DISTRICT IN ALBANY. IT

WELCOMES PEOPLE FROM ALL WALKS OF LIVES -- OF ALL WALKS OF LIFE TO

ENHANCE THEIR LOVE AND KNOWLEDGE FOR JUDAISM, AS WELL AS DEEPENING

THE JEWISH COMMITMENT. THEY AIM TO CREATE AN ENVIRONMENT AND

CULTURE OF SENSITIVITY AND UNDERSTANDING, BOTH WITHIN THE SYNAGOGUE AS

WELL AS IN THE BROADER JEWISH COMMUNITY AND, CERTAINLY, THE

COMMUNITY AS A WHOLE. IT'S WITH -- WITH GREAT HONOR THAT WE WELCOME

HIM HERE TODAY. AND IF YOU WOULD, MR. SPEAKER, GRANT HIM THE

NYS ASSEMBLY MAY 8, 2019

CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. -- MS. FAHY, MR. WEPRIN, MR. MCDONALD, RABBI, WE WELCOME

YOU HERE TO THE NEW YORK STATE ASSEMBLY. THANK YOU FOR YOUR

PRAYERS THIS MORNING. YOU HAVE THE PRIVILEGES OF THE FLOOR AND YOU'RE

ALWAYS WELCOME. THANK YOU.

RABBI FELDMAN: THANK YOU SO MUCH. A

PLEASURE.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. SCHMITT.

MR. SCHMITT: THANK YOU, MR. SPEAKER. I RISE TO

INTRODUCE A BRAVE LITTLE BOY AND HIS HEROES FROM MY ASSEMBLY DISTRICT.

JOEY FEDERICO IS JOINED HERE BY HIS MOTHER AND FATHER, JOSEPH, AND HIS

-- HIS MOTHER IS ANN MARIE, AND HE'S THE FOUR-YEAR-OLD THAT IS RIGHT

THERE. A YEAR AGO, MAY 2ND, 2018, THE NEW WINDSOR AMBULANCE

CORPS WAS DISPATCHED FOR A CHILD UNRESPONSIVE AND VOMITING. CHIEF

MICHAEL BIGG, CAPTAIN JOHN SEYMOUR AND EMT MONICA DUARTE

RESPONDED, AS WELL AS OFFICER CALDARA, SERGEANT FRANKL AND OFFICER,

NOW DETECTIVE, PIERRI, FROM THE NEW WINDSOR POLICE DEPARTMENT.

UPON WALKING INTO THE HOME, LITTLE JOEY WAS FOUND

LYING ON THE FLOOR BLUE, LIFELESS AND NOT BREATHING. THE AMBULANCE

CORPS MADE THE DECISION THAT JOEY NEEDED TO BE RUSHED TO THE HOSPITAL.

JOEY WAS NOT BREATHING AND HIS PULSE WAS ONLY TEN BEATS A MINUTE.

CHIEF BIGG AND CAPTAIN SEYMOUR DISPATCHED TO ST. LUKE'S HOSPITAL

THAT THEY HAD A PEDIATRIC CARDIAC ARREST AND NEEDED TO HAVE A MEDEVAC

NYS ASSEMBLY MAY 8, 2019

READY. WHILE EN ROUTE TO THE HOSPITAL, SERGEANT FRANKL, DETECTIVE

PIERRI ESCORTED THE AMBULANCE THE ENTIRE DISTANCE FOR A QUICK ARRIVAL.

FOUR MINUTES AFTER STARTING CPR IN THE BACK OF THE AMBULANCE, JOEY

STARTED TO CRY, TO BREATHE AND HIS PULSE RETURNED TO NORMAL. UPON

ARRIVING AT ST. LUKE'S, JOEY'S CARE WAS QUICKLY TRANSFERRED TO THE

HOSPITAL STAFF UNDER THE DIRECTION OF DR. GARCIA-RYBKIN, WHO THEN

INTUBATED HIM AND BROUGHT HIM TO CAT SCAN. THE RESULTS SHOWED THAT

JOEY HAD A MASSIVE BRAIN ANEURYSM. NEEDLESS TO SAY, MONTHS AND

MONTHS LATER FROM -- OF CARE AND REHAB, AND RECOVERY, AND BY REALLY THE

MIRACLE OF GOD, WE HAVE HIM IN OUR CHAMBER HERE TODAY, ALONG WITH

THE HEROES WHO HELPED HIM AND THEIR FAMILY MEMBERS.

SO, I THINK THAT HE IS A BRAVE YOUNG MAN AND THE

HEROES WHO ENSURED THAT HE COULD BE HERE TODAY DESERVE THE FULL

RECOGNITION OF THIS CHAMBER AND THE WARM WELCOMES FROM YOURSELF.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SCHMITT, 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. FIRST OF ALL, JOEY, GREAT TO SEE YOU. SO GLAD THAT

YOU COULD JOIN US TODAY. AND TO ALL THE HEROES THAT HAVE BEEN A PART OF

HELPING HIM AND MAKING SURE THAT HE IS WITH US TODAY, OUR THANKS GO TO

YOU. YOU ARE GREAT PUBLIC SERVANTS. AND TO THE PARENTS WHO I'M SURE

LIVE WITH THE CONCERN OF THIS INCIDENT, PLEASE KNOW THAT WE APPRECIATE

THE FACT, AS PARENTS, THAT YOU HAVE DONE WHAT YOU NEED TO DO TO MAKE

SURE JOEY IS WELL. THANK YOU SO VERY MUCH. YOU ARE ALWAYS WELCOME

HERE.

NYS ASSEMBLY MAY 8, 2019

(APPLAUSE)

MS. BICHOTTE FOR THE PURPOSES OF AN INTRODUCTION.

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

ALLOWING ME THIS OPPORTUNITY TO MAKE AN INTRODUCTION. TODAY WE ARE

JOINED BY MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS BROOKLYN

CHAPTER, ALSO KNOWN AS AIA -- AIA BROOKLYN, AS THEY CELEBRATE THEIR

125TH ANNIVERSARY. AIA BROOKLYN WAS AMONG THE FIRST GROUP OF

CHAPTERS ESTABLISHED IN THE 300-PLUS NATIONAL ORGANIZATIONS OF AIA.

THE BROOKLYN CHAPTER WAS ESTABLISHED IN 1894 AND IS THE SECOND

LARGEST OF THE FIFTH CHAPTER IN NEW YORK CITY. AIA BROOKLYN GREW TO A

MEMBERSHIP BASE OF 700. THIS CHAPTER SURVIVED AND EVEN THRIVED

DURING THE DEPRESSION, A TIME OF HARDSHIP FOR THE COUNTRY AND THE

ARCHITECT PROFESSION.

AIA BROOKLYN MAINTAINED AND ENCOURAGED THE

HIGHEST STANDARDS OF PROFESSIONAL ARCHITECTURAL KNOWLEDGE AND ETHICAL

BEHAVIOR. THEY WERE COMMITTED TO ADVANCING THE KNOWLEDGE OF THEIR

MEMBERS AND THE PUBLIC ABOUT THE ROLE OF ARCHITECTURE IN OUR COUNTRY.

THEY EXPOSED THE COMMUNITY TO THE BEAUTIES OF BROOKLYN THROUGH

WALKING TOURS OF SEVERAL PRIZED NEIGHBORHOODS, INCLUDING LANDMARKED

AREAS. THEY PRODUCED A NEWSLETTER, HIGH LINE, TO KEEP THE PUBLIC AND

ITS MEMBERS ABREAST OF THE NUANCES SURROUNDING ARCHITECTURE. THEY

OFFER SCHOLARSHIP -- THEY OFFER SCHOLARSHIP TO DESERVING STUDENTS OF

ARCHITECTURE. AIA BROOKLYN PARTICIPATES IN PUBLIC SERVICE TO ASSIST

COMMUNITY PLANNING AND DESIGN PROJECTS. THEY HAVE BEEN A

SIGNIFICANT VOICE FOR BUILDING CODES THAT PROTECT THE HEALTH, SAFETY AND

NYS ASSEMBLY MAY 8, 2019

WELFARE OF THE PUBLIC, AND THEY ENGAGE IN MATTERS OF GOVERNMENT FOR

CHANGE IN GOVERNMENT AND REGULATIONS.

MR. SPEAKER, TODAY I WOULD LIKE TO ASK THE ASSEMBLY

JOIN ME IN RECOGNIZING AIA BROOKLYN FOR THEIR CONTRIBUTIONS TO NEW

YORK AND CONGRATULATE THEM ON THEIR 125TH ANNIVERSARY, OF WHICH A

RESOLUTION WAS ADOPTED YESTERDAY AND OF WHICH I WILL BE PRESENTING

LATER. I WOULD ALSO LIKE TO ACKNOWLEDGE SEVERAL MEMBERS WHO ARE HERE

TODAY: JOAN MCGROARTY, JOHN HATHAWAY, SARAH DRAKE, RICKY JAMES

AND, LASTLY, TWO MEMBERS WHO ARE MY CONSTITUENTS IN MY DISTRICT,

RAYMOND PEEBLES AND TALISHA SAINVIL. THANK YOU.

ACTING SPEAKER AUBRY: ON BEHALF OF MS.

BICHOTTE, THE SPEAKER AND ALL THE MEMBERS, WE WISH YOU HAPPY

BIRTHDAY. WE ALSO EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK

YOU FOR SHARING THIS TIME WITH US. THANK YOU FOR THE SERVICES THAT YOUR

ORGANIZATION PROVIDES BOTH BROOKLYN AND THE ENTIRE CITY OF NEW YORK,

AND EVEN THE STATE OF NEW YORK; I KNOW YOU DON'T JUST STAY IN

BROOKLYN. PLEASE REMEMBER THAT YOU ARE ALWAYS WELCOME HERE AND

THIS IS THE PEOPLE'S HOUSE. THANK YOU.

(APPLAUSE)

MR. DANIEL ROSENTHAL.

MR. D. ROSENTHAL: THANK YOU, MR. SPEAKER. I

HAVE THE PLEASURE OF INTRODUCING THE STUDENTS OF P.S. 164'S AFTER SCHOOL

PROGRAM, THE KIWANIS BUILDER CLUBS, WHICH IS THROUGH THE GREATER

RIDGEWOOD YOUTH COUNCIL. P.S. 164 IN KEW GARDEN HILLS OFFERS K-8

EDUCATION FOR NEARLY 700 STUDENTS. THEIR AFTER-SCHOOL PROGRAM IS MADE

NYS ASSEMBLY MAY 8, 2019

UP OF SIXTH, SEVENTH AND EIGHTH GRADERS WHO HAVE UNDERTAKEN A NUMBER

OF COMMUNITY SERVICE PROJECTS, SUCH AS RUNNING FOOD DRIVES AND

DONATING CLOTHES TO LOCAL SHELTERS. THE GREATER RIDGEWOOD YOUTH

COUNCIL AFTER-SCHOOL PROGRAM SPEAKS TO ITS GREAT SUCCESS AND HAS

FOSTERED A GREAT SENSE OF COMMUNITY AND CIVIC ENGAGEMENT IN THIS

GIFTED GROUP OF STUDENTS. I HAD THE PRIVILEGE OF MEETING THEM EARLIER

THIS YEAR AND THEIR KNOWLEDGE OF GOVERNMENT WOULD PUT MANY OF US TO

SHAME. THEY ARE A VERY EXCITING AND ENERGETIC GROUP AND I AM -- GREAT

TO HAVE THEM HERE TODAY. AND I ASK YOU, MR. SPEAKER, TO EXTEND THE

CORDIALITIES OF THE FLOOR OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

HERE TO THE NEW YORK STATE ASSEMBLY, THIS EXTRAORDINARY GROUP OF

STUDENTS FROM QUEENS. WE WELCOME YOU HERE, WE HOPE THAT YOU HAVE

HAD A GREAT TRIP. WE CERTAINLY APPLAUD THE FACT THAT YOU ARE COMMITTED

TO LEADERSHIP IN YOUR OWN INSTITUTIONS, AND WE KNOW THAT THAT IS GOING

TO MAKE IT BETTER FOR YOUR FUTURE AS YOU GO ON IN YOUR EDUCATIONAL LIFE.

THANK YOU AND REMEMBER YOU ARE ALWAYS WELCOME HERE. THANK YOU.

(APPLAUSE)

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

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

FOR THE PURPOSES OF INTRODUCING THE LUPUS AGENCIES OF NEW YORK STATE

AND THEIR REPRESENTATIVES WHO ARE HERE TODAY FOR THEIR ANNUAL LUPUS

AWARENESS DAY. YESTERDAY, WE PASSED A RESOLUTION IN THIS HOUSE

MEMORIALIZING GOVERNOR CUOMO TO PROCLAIM MAY OF 2019 AS LUPUS

NYS ASSEMBLY MAY 8, 2019

AWARENESS MONTH.

LUPUS IS A DISEASE THAT AFFECTS MORE THAN 5 MILLION

PEOPLE WORLDWIDE, 1.5 MILLION AMERICANS AND OVER 105,000 NEW

YORKERS, INCLUDING -- AMONG THOSE 105,000 IS MY DAUGHTER, JOSEPHINE,

MY 29-YEAR-OLD DAUGHTER WHO IS A RESIDENT OF CROWN HEIGHTS IN

BROOKLYN AND WORKS AS A NUTRITIONIST IN MANHATTAN FOR THE GAY MENS

HEALTH CLINIC AND IS DOING EXTREMELY WELL.

LUPUS IS A CHRONIC INFLAMMATORY AUTO IMMUNE

DISEASE IN WHICH A TRIGGERING AGENT CAUSES THE IMMUNE SYSTEM TO

ATTACK THE PATIENT'S OWN TISSUES AND CAN AFFECT VIRTUALLY ANY ORGAN

SYSTEM OF THE BODY, INCLUDING THE SKIN, JOINTS, KIDNEY, BRAIN, HEARTS

LUNG, BLOODS AND BLOOD VESSELS. LUPUS IS A LEADING CAUSE OF KIDNEY

DISEASE, STROKE AND PREMATURE CARDIOVASCULAR DISEASE IN YOUNG WOMEN,

AND IS HIGHLY UNPREDICTABLE, HIGHLY INDIVIDUALIZED, DEBILITATING AND

POTENTIALLY FATAL. LUPUS IS MORE PREVALENT AMONG AFRICAN-AMERICANS,

HISPANICS, NATIVE AMERICANS AND ASIANS AND SUFFERS -- AND SUFFERS

FROM A LACK OF AWARENESS MORE THAN ANY OTHER DISEASE. NOT ONLY IS

PUBLIC KNOWLEDGE OF LUPUS LACKING, BUT EVEN HEALTH PROFESSIONALS CAN

BE UNAWARE OF THE SYMPTOMS AND THE EFFECTS OF LUPUS.

THE PURPOSE OF THE ANNUAL LUPUS AWARENESS DAY IS

TO HELP EDUCATE NEW YORK STATE'S ELECTED POLICYMAKERS, STATE AGENCY

OFFICIALS, HEALTH CARE PROFESSIONALS AND THE PUBLIC ABOUT LUPUS AND THE

NEED FOR RESEARCH PROGRAM SUPPORT TO BETTER -- FOR BETTER DIAGNOSTIC

TESTS AND SAFER AND MORE EFFECTIVE TREATMENT AND, ULTIMATELY, DISCOVER

THE CURE TO ERADICATE THIS DEVASTATING DISEASE. I WELCOME ALL OF THE

NYS ASSEMBLY MAY 8, 2019

ADVOCATES THAT ARE HERE TODAY, MR. SPEAKER, AND ASK THAT YOU ALSO

WELCOME THEM AND EXTEND TO THEM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

TO THE NEW YORK STATE ASSEMBLY. WE COMMEND YOU ON THE WORK THAT

YOU'RE DOING IN REGARD TO THE -- THIS PARTICULAR DISEASE; WE KNOW HOW

DEVASTATING IT IS. WE HOPE THAT YOU WILL CONTINUE THAT WORK. YOU ARE

ALWAYS WELCOME HERE, THIS IS THE PEOPLE'S HOUSE. HOPEFULLY THIS VISIT

WILL HELP ENSURE PEOPLE BECOME MORE AWARE OF WHAT IS THE DISEASE AND

WHAT CAN BE DONE TO HELP IT. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR AN INTRODUCTION.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. JUST TO HONOR OUR FORMER COLLEAGUES AURELIA GREENE AND

VANESSA GIBSON WHO FOR YEARS CARRIED LEGISLATION THAT WOULD PROMOTE

AND ADVOCATE FOR THE ERADICATION OF LUPUS. I WANT TO INTRODUCE ONE

PERSON WHO ACTUALLY IS IN OUR CHAMBERS WITH US TODAY, A YOUNG MAN,

HIS NAME IS NASEER JACKSON. I HAVE KNOWN THIS YOUNG MAN SINCE HE

WAS PROBABLY TWO OR THREE. AND WE KNOW AS PEOPLE HAVE -- USUALLY

SAY, YOU CAN'T TELL IF A PERSON HAS LUPUS OR WILL GET LUPUS. IN THIS CASE,

NAS' CASE, HE WAS DOING EVERYTHING RIGHT, SMART, INTELLIGENT, ATHLETIC,

PLAYED ALMOST EVERY SPORT, GREAT SON FOR HIS PARENTS, FOR HIS MOM. A

GREAT REPRESENTATIVE IN OUR COMMUNITY, AND HE WAS ALL OF A SUDDEN

STRICKEN WITH LUPUS, MULTIPLE BLOOD CLOTS THROUGHOUT HIS BODY.

BUT NOW, MR. SPEAKER, BECAUSE OF THE ADVOCACY AND

NYS ASSEMBLY MAY 8, 2019

THE TECHNOLOGY THAT'S MOVING FORWARD WITH THE KNOWLEDGE OF THIS

DISEASE, NAS IS A NOW A SECOND-YEAR STUDENT AT BUFFALO STATE COLLEGE,

HOPING TO BE A TEACHER SO THAT HE MIGHT BE ABLE TO NOT ONLY ENGAGE HIS

EXPERIENCE WITH YOUNG PEOPLE THROUGHOUT THEIR ACADEMIC LIFE, BUT

THROUGHOUT THEIR LIFE IN GENERAL. AND SO, NAS IS LIKE A REALLY GREAT

ADVOCATE FOR THE ISSUE OF LUPUS THAT MANY PEOPLE TAKE FOR GRANTED OR

DON'T WANT TO ACKNOWLEDGE. SO, I'M REALLY, REALLY HONORED THAT THIS

YOUNG MAN TOOK TIME FROM HIS SCHEDULE TO COME TO JOIN A GROUP OF

WOMEN AND MEN WHO HAVE BEEN DOING A PHENOMENAL JOB IN THE PAST

ON ADVOCATING ON THIS ISSUE. THIS -- HIS PRESENCE ENSURES ITS LONGEVITY

UNTIL IT'S TOTALLY SOLVED. SO, MR. SPEAKER, WOULD YOU PLEASE WELCOME

NAS JACKSON TO OUR CHAMBERS AND GIVE HIM THE CORDIALITIES OF THE

FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND COMMEND

YOU FOR THE WORK THAT YOU ARE DOING. HOPE THAT YOUR CONTINUED

SUCCESS IN LIFE WILL BE A LESSON TO ALL OF US TO PAY ATTENTION TO THIS

DISEASE THAT HAS BEEN IGNORED. AND MAY I ASSUME THAT'S YOUR MOM

STANDING NEXT TO YOU? HI, MOM; ALWAYS HAPPY TO HAVE YOU HERE.

MOTHER'S DAY COMING, I'M SURE YOU'RE SO VERY PROUD OF YOUR SON.

THANK YOU SO VERY MUCH. WE WELCOME YOU.

(APPLAUSE)

MS. FAHY.

MS. FAHY: THANK YOU, MR. SPEAKER, FOR ALLOWING

NYS ASSEMBLY MAY 8, 2019

ME TO INTERRUPT THE PROCEEDINGS. AND THIS IS A RARE DAY THAT I HAVE YET

A SECOND INTRODUCTION, BUT I AM TRULY, TRULY DELIGHTED TO WELCOME THE

ALBANY PATROONS. ALBANY PATROONS ARE ALBANY'S BASKETBALL TEAM.

THEY WERE FOUNDED IN 1982 AS AN EXPANSION FOR THE CONTINENTAL

BASKETBALL ASSOCIATION. IN ITS FIRST DECADE, THEY WON TWO

CHAMPIONSHIPS, IN 1984 AND 1988, LED BY THE NBA HALL OF FAME

COACH PHIL JACKSON WHO THEN WENT ON TO COACH THE CHICAGO BULLS,

WHICH I WAS A LITTLE PARTIAL TO AT ONE TIME, GIVEN THAT'S WHERE I'M FROM.

THEY ALSO WERE THEN FOLLOWED UP WITH THE CHAMPIONSHIPS OF 50-6

RECORD LED BY ANOTHER LEGENDARY COACH, COACH GEORGE KARL.

FAST FORWARD TO THE LAST COUPLE OF YEARS HAVING MADE

THEIR -- THE PATROONS HAVING MADE THEIR HOME IN HISTORIC -- THE

WASHINGTON AVENUE ARMORY, WHICH IS NICKNAMED THE MINOR LEAGUE

MECCA, RETURNED IN FULL FORM AFTER A NUMBER OF YEARS OF BEING DEFUNCT,

IF YOU WILL. IN 2018, THEY RETURNED AS A PART OF THE BASKETBALL LEAGUE

TBL NOW UNDER MR. PATROON HIMSELF, DERRICK ROWLAND - DERRICK,

PLEASE WAVE. THE PATROONS CAME UP SHORT IN THEIR FIRST SEASON TO THE

YAKIMA SUN KINGS, BUT THEY WERE VINDICATED THIS PAST YEAR WITH

BRINGING HOME THE BASKETBALL LEAGUE CHAMPIONSHIP TO THE CAPITAL

CITY. THEY'RE HERE TODAY AND UNDER COACH ROWLANDS' LEADERSHIP OF THE

PATROONS, AS WELL AS THE MANAGEMENT OF MICHAEL CORTS AND "BOBCAT" IS

WITH US, COACH BOB CATHERWOOD. THEY HAVE BROUGHT EXTRAORDINARY

PRIDE AND PROFESSIONAL BASKETBALL BACK TO ALBANY. I HAVE TO SAY MY

DAUGHTER IS NOW IN COLLEGE, I THINK SHE -- SHE LOVED HIGH SCHOOL, ONLY

HAD ONE REGRET AND THAT WAS NOT PLAYING BASKETBALL. SO, I ALWAYS LOOK

NYS ASSEMBLY MAY 8, 2019

AT THEM WITH A LITTLE BIT OF A HEAVY HEART BECAUSE I -- I SO WISH SHE HAD

PLAYED THE SPORT, I NEVER DID. AND SHE'S TALLER THAN ME. SO, IF YOU

WOULD, MR. SPEAKER, PLEASE GRANT THEM THE -- WISH THEM WELL AND GRANT

THEM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. FAHY, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN, WE

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

YOU ON THE CHAMPIONSHIPS THAT YOU HAVE WON. WE KNOW THAT THERE'S

NO SMALL TASK TO DO THAT. THE TEAMWORK AND COOPERATION NECESSARY FOR

THAT, AND THE ORGANIZATION, MAKE A BIG DIFFERENCE IN HOW SUCCESSFUL

YOU'LL BE. WE IN THE ASSEMBLY HAVE A BASKETBALL TEAM AND ARE ABOUT TO

PLAY OUR ARCH RIVALS, AND WE COULD PROBABLY USE YOU IF YOU'RE NOT DOING

ANYTHING, YOU KNOW...

(LAUGHTER)

HOWEVER, IN ANY EVENT, PLEASE CONTINUE THAT SUCCESS.

WE ALL KNOW OF THE HISTORY OF THE PATROONS AND, CERTAINLY, THOSE OF US

WHO HAVE PLAYED BALL FOLLOW YOUR COACHES AND SOME OF THE PLAYERS

THAT HAVE BEEN THERE. CONTINUE THAT. YOU ARE A SUCCESS FOR THIS CITY

AND FOR THIS STATE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. JAFFEE FOR PURPOSES OF AN INTRODUCTION.

MS. JAFFEE: THANK YOU, MR. SPEAKER. I'M SO

PLEASED TO BE ABLE TO INTRODUCE KRISTINA IULO, THE MOTHER OF MOLLY

ALBERTSON, ONE OF MY UNDERGRADUATE INTERNS. KRISTINA IS A DESIGN

DIRECTOR FOR A CONSTRUCTION GROUP WITH AN EYE FOR DETAILS. SHE WAS BORN

NYS ASSEMBLY MAY 8, 2019

AND RAISED IN -- WHERE I WAS BORN AND RAISED, IN THE BOROUGH OF

BROOKLYN AND CURRENTLY LIVES IN STATEN ISLAND WITH HER SON, JACK,

HUSBAND, JEFF. KRISTINA IS A CARING MOTHER, A HARD WORKER AND IS

CERTAINLY A ROLE MODEL FOR AN ALREADY IMPRESSIVE AND HEADSTRONG

DAUGHTER. SO, MR. SPEAKER, I WOULD ASK THAT YOU WELCOME KRISTINA

AND EXTEND THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE TO

THE NEW YORK STATE ASSEMBLY. WE COMMEND YOU ON THE WORK THAT

YOU'VE DONE TO RAISE A SPECTACULAR DAUGHTER. WE HOPE THAT SHE IS

EQUALLY APPRECIATIVE ON MOTHER'S DAY AND THAT YOUR VISIT HERE WILL

BRING A LITTLE BIT MORE LIGHT TO HER LIFE. HOPEFULLY, YOU WILL CONTINUE TO

SHARE THAT GREAT RELATIONSHIP ALL THE WAY INTO LIFE. THANK YOU SO VERY

MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTRODUCE SOME ELECTED CITIZENS THAT ARE

IN OUR -- OUR CHAMBERS. THESE ARE THE SENECA NATION COUNCILORS. THE

SENECAS HAVE A PROUD HISTORY OF WHICH THEY'RE THE LARGEST OF SIX NATIVE

AMERICAN NATIONS, WHICH COMPROMISES [SIC] THE IROQUOIS' TERRITORY AND

SEVERAL OTHERS. WITH US, MR. SPEAKER, WE HAVE TINA ABRAMS, MIKE

WILLIAMS, JEFF GILL, TIM WATERMAN AND ANGIE KENNEDY. THEY ARE ALL

ELECTED REPRESENTATIVES OF THE SENECA NATION, ONE OF THE OLDEST NATIONS

IN THE WORLD, THE SENECA NATION, MR. SPEAKER. IF YOU WOULD GIVE THEM

NYS ASSEMBLY MAY 8, 2019

THE GREETINGS AND THE CORDIALITIES OF OUR HOUSE, I WOULD BE

APPRECIATIVE.

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, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. THANK YOU FOR COMING AND SHARING OUR -- OUR

FORM OF GOVERNMENT WITH US TODAY. WE HOPE THAT THAT RELATIONSHIP THAT

EXISTS BETWEEN THE SENECA NATION AND THE STATE OF NEW YORK WILL

ALWAYS BE POSITIVE AND ALWAYS BE BENEFICIAL TO BOTH SIDES. THANK YOU

SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

COULD NOW CONTINUE OUR WORK WITH RESOLUTIONS ON PAGE 3. FOLLOWING

THAT, WE WILL GO DIRECTLY TO PAGE 22 AND BEGIN WITH CALENDAR NO. 261.

ACTING SPEAKER AUBRY: CERTAINLY. THE CLERK

WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 368, MRS.

GUNTHER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 9, 2019, AS CHILDREN'S MENTAL

HEALTH AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

NYS ASSEMBLY MAY 8, 2019

THE CLERK: ASSEMBLY RESOLUTION NO. 369, MS.

MALLIOTAKIS.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 5-11, 2019, AS HURRICANE

PREPAREDNESS WEEK 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. 370, MRS.

GALEF.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 18-24, 2019, AS SAFE BOATING

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

NATIONAL SAFE BOATING WEEK.

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. 371, MS.

WRIGHT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2019, AS FOSTER CARE 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.

NYS ASSEMBLY MAY 8, 2019

PAGE 22, CALENDAR NO. 261.

THE CLERK: ASSEMBLY NO. A06546, CALENDAR NO.

261, LUPARDO, CROUCH. AN ACT TO AMEND THE COUNTY LAW AND THE TAX

LAW, IN RELATION TO AUTHORIZING THE COUNTY OF BROOME TO IMPOSE AN

ADDITIONAL SURCHARGE TO PAY FOR THE COSTS ASSOCIATED WITH UPDATING THE

TELECOMMUNICATION EQUIPMENT AND TELEPHONE SERVICES NEEDED TO

PROVIDE AN ENHANCED 9-1-1 EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH

COUNTY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: HOME RULE IS AT THE

DESK. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06650, CALENDAR NO.

262, SEAWRIGHT, TAYLOR. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

EMPLOYEE NOTIFICATION OF CONTRACEPTIVE COVERAGE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06665, CALENDAR NO.

263, OTIS, D'URSO. AN ACT TO AMEND CHAPTER 618 OF THE LAWS OF 1998,

AMENDING THE GENERAL MUNICIPAL LAW AND THE EDUCATION LAW RELATING

TO DISPOSAL OF SURPLUS COMPUTER EQUIPMENT BY POLITICAL SUBDIVISIONS, IN

RELATION TO THE EFFECTIVENESS THEREOF.

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.)

NYS ASSEMBLY MAY 8, 2019

FIRST VOTE OF THE DAY, MEMBERS. IF YOU ARE IN THE

CHAMBER OR IN YOUR SEATS, PLEASE VOTE NOW. IF YOU ARE IN THE SOUND OF

OUR VOICE, PLEASE COME TO THE CHAMBER AND VOTE. THANK YOU VERY

MUCH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06671-A, CALENDAR

NO. 264, PAULIN, DICKENS, D'URSO, JAFFEE, AUBRY, BLAKE, BUTTENSCHON,

COLTON, GALEF, SAYEGH, STIRPE, WILLIAMS, WALSH, CROUCH, DESTEFANO,

MONTESANO, CRESPO, GRIFFIN, OTIS, DIPIETRO. AN ACT TO AMEND CHAPTER

374 OF THE LAWS OF 2014 AMENDING THE EDUCATION LAW RELATING TO THE

LEASING OF REAL PROPERTY BY BOARDS OF COOPERATIVE EDUCATION SERVICES, IN

RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

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. A06678, CALENDAR NO.

265, JAFFEE, COLTON. AN ACT TO AMEND LABOR LAW, IN RELATION TO NOTICE

OF EMPLOYEE RIGHTS AND REMEDIES.

NYS ASSEMBLY MAY 8, 2019

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. A06680, CALENDAR NO.

266, CUSICK. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO

POWERS OF MUNICIPALITIES AND STATE AGENCIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06752, CALENDAR NO.

267, BARRETT, FALL. AN ACT TO AMEND THE PARKS, RECREATION AND HISTORIC

PRESERVATION LAW, IN RELATION TO INSTALLING LYME AND TICK-BORNE

DISEASE WARNING SINGS AT ALL STATE-MANAGED PARKS.

ACTING SPEAKER AUBRY: READ THE LAST -- ON A

MOTION BY MRS. BARRETT, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, TO EXPLAIN MY VOTE. LAST YEAR WHEN WE ADOPTED THIS INITIALLY,

THERE WAS CONSIDERABLE DEBATE OVER THE LANGUAGE OF THE BILL WHICH WAS

QUITE BROAD AND EXPANSIVE. AND SO I WANTED TO COMMEND THE SPONSOR

FOR TAKING THE INITIATIVE WITH THE SUPPORT OF OUR GOVERNOR TO CLARIFY THE

NYS ASSEMBLY MAY 8, 2019

LANGUAGE AND MAKE IT CLEAR THAT IT APPLIES ONLY IN THOSE SITUATIONS

WHERE IT WOULD BE APPROPRIATE WHERE WE MIGHT ACTUALLY HAVE A

PROBLEM WILL TICKS, INFESTATION. AND BASED ON THOSE AMENDMENTS, EVEN

THOUGH I VOTED AGAINST IT LAST YEAR, I WILL BE SUPPORTING IT THIS YEAR AND

ENCOURAGE MY COLLEAGUES TO DO THE SAME AND, AGAIN, THANKS TO THE

SPONSOR FOR TAKING THAT INITIATIVE AND CLARIFYING THIS LANGUAGE.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06849, CALENDAR NO.

268, WEPRIN, DE LA ROSA, ROZIC, COLTON. AN ACT TO AMEND THE

CORRECTION LAW, IN RELATION TO PERMITTING LEGISLATIVE STAFF TO VISIT

CORRECTIONAL FACILITIES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. WEPRIN TO EXPLAIN HIS VOTE.

MR. WEPRIN: THANK YOU, MR. SPEAKER. THERE'S A

SEPARATE LAW -- THERE'S A LAW THAT ALLOWS ANY MEMBER OF THE LEGISLATURE

AT ANY TIME TO VISIT ANY STATE CORRECTIONAL FACILITY OR ANY LOCAL JAIL.

THREE MEMBERS OF THIS HOUSE, ASSEMBLYWOMAN DE LA ROSA,

NYS ASSEMBLY MAY 8, 2019

ASSEMBLYWOMAN ROZIC AND MYSELF VISITED ORANGE COUNTY

CORRECTIONAL FACILITY EARLIER THIS YEAR TO MEET WITH ICE -- ICE

DETAINEES WHO WERE AWAITING DEPORTATION OR POTENTIALLY AWAITING AN

ASYLUM HEARING. WE OF COURSE -- THEY DID NOT WANT TO LET US IN ORANGE

COUNTY, BUT WE POINTED OUT THE LAW THAT ALLOWS ANY MEMBER OF THE

LEGISLATURE TO ATTEND. AND THE LOCAL SHERIFF, ALONG WITH HIS CORPORATION

COUNSEL, MADE THE DECISION, OKAY, WE WILL RECOGNIZE THE LAW AND ALLOW

MEMBERS OF THE LEGISLATURE TO VISIT THE FACILITY, BUT NOT THEIR STAFF,

BECAUSE WE ALL BROUGHT LEGISLATIVE STAFF WITH US.

SO, THIS NOW WOULD ALLOW LEGISLATIVE STAFF ONLY WHEN

THEY'RE ACCOMPANYING A MEMBER OF THE LEGISLATURE FOR AN OFFICIAL VISIT

TO GO TO THAT FACILITY. IT'S UNFORTUNATE THAT WE HAD TO DO THIS LEGISLATION,

BUT IT'S VERY IMPORTANT THAT LEGISLATIVE STAFF DURING THE PERFORMANCE OF

THEIR DUTIES WITH THE LEGISLATOR BE ALLOWED TO VISIT A LOCAL FACILITY.

THANK YOU. I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07123, CALENDAR NO.

270, JACOBSON, CARROLL. AN ACT TO AMEND THE ELECTION LAW, IN RELATION

TO INSTITUTING ADDITIONAL BALLOT ACCOUNTABILITY PRACTICES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07287, CALENDAR NO.

NYS ASSEMBLY MAY 8, 2019

271, PAULIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO

NOTIFICATION BY AN EXCAVATOR OF DAMAGE TO AN UNDERGROUND FACILITY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT MAY 4TH,

2019.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

TO VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

GO BACK TO CALENDAR NO. 270, IT WAS INADVERTENTLY LAID ASIDE, BY MR.

JACOBSON.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07123, CALENDAR NO.

270, JACOBSON, CARROLL. AN ACT TO AMEND THE ELECTION LAW, IN RELATION

TO INSTITUTING ADDITIONAL BALLOT ACCOUNTABILITY PRACTICES.

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.)

READ THE LAST SECTION.

NYS ASSEMBLY MAY 8, 2019

OH, EXCUSE ME, I'M SORRY. ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

WE HAVE A FIRST, SIR. CONGRATULATIONS, MR. JACOBSON.

(APPLAUSE)

YOU HAVE JUST LOST YOUR ROOKIE STATUS.

MRS. PEOPLES-STOKES.

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

NOW GO TO PAGE 5, CALENDAR NO. 26 BY MR. ZEBROWSKI, AND THEN TO

PAGE 10, CALENDAR NO. 111 BY MR. PRETLOW, IN THAT ORDER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01973-A, CALENDAR

NO. 26, ZEBROWSKI, COOK, VANEL, CAHILL, JAFFEE, GOTTFRIED, COLTON,

NIOU, AUBRY, D. ROSENTHAL. AN ACT TO AMEND THE REAL PROPERTY LAW,

IN RELATION TO REQUIRING LANDLORDS TO MITIGATE DAMAGES OF A TENANT

VACATES A PREMISES IN VIOLATION OF THE TERMS OF THE LEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ZEBROWSKI.

MR. ZEBROWSKI: SURE. THANK YOU, MR. SPEAKER.

THIS BILL WOULD CODIFY WHAT IS GENERALLY THOUGHT OF AS TO BE THE LAW --

THE COMMON LAW WHICH IS THAT A LANDLORD HAS A DUTY TO MITIGATE

DAMAGES SHOULD A TENANT VACATE AND BREAK A LEASE. MEANING THAT IF

SOMEBODY BREAKS THE LEASE, A LANDLORD HAS THE RESPONSIBILITY NOT TO JUST

SIT BACK, SUE THE TENANT AND COLLECT ALL THE DAMAGES, BUT TO RELET THE

APARTMENT, RE-LET THE PREMISES AND IF THEY ARE ABLE TO RELET THE PREMISES

NYS ASSEMBLY MAY 8, 2019

AS A MATTER OF EQUITY, THE TENANT WOULD NO LONGER BE RESPONSIBLE FOR

THOSE DAMAGES THAT WOULD BE -- THAT THE LANDLORD WOULD NO LONGER HAVE

BECAUSE THEY WOULD HAVE A NEW TENANT.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, SIR?

MR. ZEBROWSKI: YES, I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MR.

ZEBROWSKI. AND I APPRECIATE YOUR DESIRE TO HAVE THE DUTY TO MITIGATE

THAT APPLIES IN COMMON LAW IN OTHER CONTRACTURAL SITUATIONS TO ALSO

APPLY IN THE CONTEXT OF THE LEASE. BUT UNDER COMMON LAW, THE DUTY --

AND UNDER THE CPLR, THE DUTY TO MITIGATE IS AN AFFIRMATIVE DEFENSE,

ISN'T IT?

MR. ZEBROWSKI: I'M SORRY. I CAN'T -- I CAN'T HEAR,

MR. SPEAKER.

ACTING SPEAKER AUBRY: SHH. LADIES AND

GENTLEMEN, WE ARE ON DEBATE.

MR. ZEBROWSKI: SORRY, MR. GOODELL.

MR. GOODELL: UNDER COMMON LAW, THE DUTY TO

MITIGATE IS AN AFFIRMATIVE DEFENSE THAT HAS TO RAISED BY THE DEFENDANT,

NOT A POSITIVE ELEMENT OF PROOF BY THE PLAINTIFF, CORRECT?

MR. ZEBROWSKI: WELL, IN THIS CASE WE BELIEVE

THAT WHOEVER IS SEEKING THE DAMAGES WOULD BE THE PROPER PARTY TO -- TO

NYS ASSEMBLY MAY 8, 2019

HAVE THAT BURDEN.

MR. GOODELL: BUT THAT IS NOT THE WAY COMMON

LAW APPLIES IN ANY OTHER SITUATION, CORRECT? IN ANY OTHER SITUATION, IT'S

AN AFFIRMATIVE DEFENSE.

MR. ZEBROWSKI: I'D HAVE TO DO SOME RESEARCH,

MR. GOODELL, ABOUT ALL THE DIFFERENT FACETS OF COMMON LAW AND

WHETHER OR NOT IT APPLIES. BUT IN -- IN -- WE'RE DEALING WITH THIS BILL,

THIS CONCEPT HERE AND WE BELIEVE THIS IS THE WAY TO GO.

MR. GOODELL: NOW, OF COURSE UNDER CURRENT LAW,

THE TENANTS HAVE A GREAT NUMBER OF PROTECTIONS TO MAKE SURE THAT THE

LANDLORD DOESN'T CHANGE LOCKS, FOR EXAMPLE, IF THEY -- IF THEY'RE LATE.

WE HAVE TENANT PROTECTIONS DESIGNED TO PREVENT THE LANDLORD FROM

SEIZING ANY ASSETS, FURNITURE OR THINGS OF THAT NATURE WITHOUT GOING

THROUGH AN EVICTION PROCEEDING, RIGHT?

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: AND ALL THOSE PROTECTIONS ARE

DESIGNED TO MAKE SURE THAT LANDLORDS DON'T TAKE THINGS INTO THEIR OWN

HAND, THAT THEY DON'T ASSERT POSSESSION PRIOR TO AN EVICTION PROCEEDING;

IS THAT AN ACCURATE REFLECTION OF THE CURRENT LAW?

MR. ZEBROWSKI: I BELIEVE SO.

MR. GOODELL: AND, OF COURSE, THERE'S NOTHING

UNDER CURRENT LAW THAT REQUIRES A LANDLORD TO BEGIN AN EVICTION

PROCEEDING AT ANY POINT, RIGHT? I MEAN, IT DOESN'T SAY -- THE CURRENT

LAW DOESN'T SAY WHEN THE RENT IS 15 DAYS LATE, THE LANDLORD MUST BRING

AN EVICTION PROCEEDING. THE LAW IS ACTUALLY THE OPPOSITE; IT'S ALL

NYS ASSEMBLY MAY 8, 2019

DESIGNED TO PROTECT THE TENANT, RIGHT?

MR. ZEBROWSKI: IF THE LANDLORD WANTS TO LET

SOMEBODY LIVE RENT FREE OR -- CERTAINLY, THAT'S UP TO THEM. I DON'T THINK

THAT NORMALLY HAPPENS THAT WAY, BUT...

MR. GOODELL: AND THIS DOES NOT CHANGE THAT

EXISTING LAW, CORRECT?

MR. ZEBROWSKI: IT DOES NOT CHANGE THE LAW

REGARDING EVICTIONS.

MR. GOODELL: SO IF A LANDLORD, FOR EXAMPLE,

DOESN'T WANT TO RERENT THE APARTMENT, THE LANDLORD UNDER THIS

AMENDMENT COULD WAIT UNTIL THE WEEK BEFORE THE END OF THE LEASE,

BRING AN EVICTION ACTION. AS PART OF THE EVICTION ACTION, IT'S AN

ACCELERATED PROCEEDING. THEY WOULD BE ABLE TO GET AN ORDER OF

EVICTION AND A JUDGMENT FOR THE ENTIRE AMOUNT EVEN WITH THIS LANGUAGE,

CORRECT?

MR. ZEBROWSKI: NO, I'M NOT SURE THAT THAT'S

CORRECT. IF THE LANDLORD WAS MERELY SITTING BACK ATTEMPTING TO

COMPOUND THEIR DAMAGES IN ORDER TO FILE THE EVICTION PROCEEDING AT THE

END OF THE LEASE, THEN I WOULD SAY THAT A JUDGE WOULD HAVE THE ABILITY

UNDER THIS LANGUAGE AS A MATTER OF EQUITY TO SAY THAT, YOU HAVE NOT

MITIGATED YOUR DAMAGES, THE PERSON LEFT, THE PERSON STOPPED PAYING,

YOU'VE KNOWN THAT FOR A LONG ENOUGH TIME AND, THEREFORE, YOU'VE --

YOU'VE SAT BACK AND JUST ATTEMPTED TO SORT OF COMPOUND OR ADD UP YOUR

DAMAGES AND NOT RELET THE PREMISES.

MR. GOODELL: SO YOU'RE SAYING EVEN THOUGH IT'S

NYS ASSEMBLY MAY 8, 2019

NOT IN THE LANGUAGE, THE INTENT OR THE NET CONSEQUENCE OF THIS IS TO FORCE

LANDLORDS TO EVICT TENANTS SOONER?

MR. ZEBROWSKI: NO, I WOULD SAY THAT THE PURPOSE

OF THIS IS THAT THE SIMPLE CONCEPT WHICH I BELIEVE THAT IF YOU ASK MANY

LAWYERS IN THIS STATE WHETHER OR NOT THIS IS CURRENTLY THE LAW, THEY

WOULD PROBABLY SAY YES. BUT WE'VE HAD SOME COURT CASES WHICH

BROUGHT US TO THIS BILL THAT A LANDLORD HAS THE DUTY TO MITIGATE DAMAGES,

WHICH QUITE SIMPLY MEANS THAT IF THEY HAVE THE ABILITY TO RELET THE

APARTMENT, THEY MUST DO SO.

MR. GOODELL: NOW, THIS IS TRIGGERED IF A TENANT

VACATES THE PREMISE IN VIOLATION OF THE LEASE. TO BE HONEST WITH YOU, I

-- I MEAN, I PRACTICED IN A RESIDENTIAL AREA FOR OVER A THIRD OF A CENTURY,

HARD TO BELIEVE. I HAVE NEVER SEEN A LEASE THAT REQUIRES A TENANT TO

ACTUALLY OCCUPY. SO -- BUT THIS IS TRIGGERED IF THE TENANT VACATES.

WHAT'S THAT MEAN?

MR. ZEBROWSKI: WELL, IF SOMEBODY --

MR. GOODELL: IN OTHER WORDS, IF THE LEASE DOESN'T

REQUIRE THE OCCUPANT TO --

MR. ZEBROWSKI: YEAH.

MR. GOODELL: -- THE TENANT TO OCCUPY, WHY WOULD

THE TENANT NOT BEING THERE VIOLATE ANY LEASE TERM?

MR. ZEBROWSKI: WELL, IT SAYS IF A TENANT VACATES

A PREMISES IN VIOLATION IN TERMS OF THE LEASE. SO, IF SOMEBODY WANTS TO

GO LIVE SOMEWHERE ELSE OR GO TAKE A VACATION AND STILL PAY THE RENT, I

DON'T SEE HOW THEY'RE VIOLATING ANY TERMS OF THE LEASE.

NYS ASSEMBLY MAY 8, 2019

MR. GOODELL: AGREED. AND IF THE LEASE SAYS WE

DON'T CARE WHETHER YOU LIVE HERE OR NOT, THEN THE -- THEN THIS WOULDN'T

BE TRIGGERED, RIGHT? BECAUSE A TENANT WOULDN'T VACATE IT IN VIOLATION OF

THE LEASE. IT'S ONLY THE NONPAYMENT OF RENT THAT VIOLATES THE LEASE.

MR. ZEBROWSKI: COULD YOU REPEAT YOUR

QUESTION?

MR. GOODELL: CERTAINLY. A LEASE IS NOT GENERALLY

VIOLATED --

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: -- IF THE TENANT VACATES THE PREMISE.

THE LEASE IS ONLY VIOLATED WHEN A TENANT DOESN'T PAY THE RENT.

MR. ZEBROWSKI: MM-HMM.

MR. GOODELL: THIS IS TRIGGERED WHEN A TENANT

VACATES THE PREMISES RATHER THAN HAVING IT TRIGGERED WHEN THE TENANT

DOESN'T PAY THE RENT --

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: -- IN VIOLATION.

MR. ZEBROWSKI: WELL, YOU NEED TO HAVE IT

TRIGGERED UPON VACATING THE PREMISES AND VIOLATING THE TERMS OF THE

LEASE BECAUSE, OTHERWISE, YOU WOULD START TO GET INTO THE EVICTION

PROCEEDINGS. WHEN SOMEBODY IS STILL THERE, NOT NOT PAYING, NOT NOT

VACATING, THE LANDLORD ALREADY HAS REMEDIES, THEY'RE ALREADY ABLE TO

BRING AN EVICTION PROCEEDING AND AS PART OF THAT EVICTION PROCEEDING,

THEY'RE ALLOWED TO GET AN ORDER FROM THE COURT THAT WOULD -- THAT WOULD

MAKE THEM WHOLE BY ORDERING THE -- THE RESPONDENT TO PAY THE RENT

NYS ASSEMBLY MAY 8, 2019

DURING THAT TIME.

MR. GOODELL: NOW THIS LANGUAGE PROVIDES THAT IF

THE TENANT VACATES IN VIOLATION OF THE LEASE, THE LANDLORD NOW HAS AN

AFFIRMATIVE DUTY TO RENT TO SOMEBODY ELSE, AND IMMEDIATELY UPON

RENTING IT TO THE SUBSEQUENT PERSON, THE ORIGINAL LEASE IS TERMINATED.

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: SO NOW WE HAVE TWO WAYS TO

TERMINATE AN EXISTING LEASE. ONE IS AN EVICTION PROCEEDING THAT GOES

THROUGH COURT WHERE WE HAVE AN INDEPENDENT JUDICIAL OFFICIAL VALIDATE

THAT THE LEASE IS INVALID, THEN WE HAVE THIS PROCEDURE THAT ALLOWS A

LANDLORD WITHOUT DOING AN EVICTION TO TERMINATE THE EARLIER LEASE BASED

ON THE VACATING OF THE -- OF THE PREMISES BY THE TENANT?

MR. ZEBROWSKI: YEAH. WE BELIEVE THAT MAKES

SENSE. HOW COULD YOU POSSIBLY HAVE TWO LEASES FOR THE SAME PREMISES

RUNNING CONCURRENTLY?

MR. GOODELL: WELL, I AGREE YOU CAN'T HAVE TWO,

BUT UP UNTIL THIS BILL WOULD BECOME LAW, THE ONLY WAY YOU CAN

TERMINATE THE PRIOR ONE IS THROUGH A JUDICIAL PROCEEDING. THIS WOULD

PROVIDE A STATUTORY TERMINATION IN THE LEASE WITH A LANDLORD NOT GOING

THROUGH A JUDICIAL PROCEEDING. THAT'S A VERY RADICAL CHANGE IN THE WAY

WE DEAL WITH TENANT RIGHTS UNDER CURRENT LAW.

MR. ZEBROWSKI: WELL, I THINK IT MAKES A WHOLE

LOT OF SENSE. AS I JUST STATED, YOU CAN'T HAVE TWO LEASES FOR THE SAME

PREMISES RUNNING CONCURRENTLY. SO, THAT'S WHY IN THIS LANGUAGE, IF

YOU'RE GOING TO RELET THE PREMISES TO SOMEBODY ELSE, REGARDLESS OF HOW

NYS ASSEMBLY MAY 8, 2019

YOU FEEL ABOUT HOW IT AFFECTS CURRENT LAW, I THINK -- I THINK THAT MAKES

THE MOST SENSE AND THAT'S WHY WE WOULD STATUTORILY CODIFY IT HERE.

MR. GOODELL: WELL, IN ORDER TO UTILIZE THESE

PROVISIONS, IS A LANDLORD OBLIGATED TO GET A WRITTEN VOLUNTARY

TERMINATION OF THE LEASE FROM THE LANDLORD? OR CAN THEY SELF-HELP

BASED ON THE FACT THAT THE TENANT IS NO LONGER PAYING THE RENT. DOES THE

LANDLORD NEED A WRITTEN TERMINATION FROM THE TENANT, OR CAN HE EXERCISE

SELF-HELP?

MR. ZEBROWSKI: THERE'S NOTHING IN THIS BILL THAT

REQUIRES WRITTEN OR THAT WOULD PERMIT SELF-HELP.

MR. GOODELL: WELL, IT SAYS IF THEY VACATE IN

VIOLATION OF THE LEASE, THE LANDLORD HAS NOW A DUTY.

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: THERE'S NO REFERENCE TO AN EVICTION

PROCEEDING, A DUTY TO RERENT AND THE RERENTING, WHICH IS SELF-HELP,

WOULD TERMINATE THE EARLIER LEASE. SO, YOU SET UP AN ALTERNATIVE -- I

THINK INADVERTENTLY SET UP AN ALTERNATIVE PROCEEDING TO AN EVICTION

PROCEEDING.

MR. ZEBROWSKI: I DON'T BELIEVE SO.

MR. GOODELL: I DON'T BELIEVE THAT WAS YOUR

INTENT --

MR. ZEBROWSKI: IF THE PERSON VACATED -- IF THE

PERSON VACATED THE PREMISES IS NO LONGER PAYING RENT AND IN VIOLATIONS

OF THE TERMS OF THE LEASE, THE PERSON'S NOT THERE, RIGHT? THE LANDLORD

HAS THE ABILITY TO RERENT THE PREMISES AND, IN FACT, HERE HAS THE DUTY

NYS ASSEMBLY MAY 8, 2019

AND, AS WE'VE STATED EARLIER, HAS THAT BURDEN. SO, IT'S WHO IS SEEKING

THE DAMAGES, RIGHT? SO, IF THE LANDLORD HAD TO GO -- IF THE LANDLORD

WENT INTO JUSTICE COURT, IF YOU WILL, AND WAS SEEKING DAMAGES FROM THE

PRIOR TENANT, THEY WOULD HAVE THE BURDEN TO SHOW THAT THE PERSON

VACATED IN VIOLATION OF THE TERMS OF THE LEASE AND THEN IN ORDER TO GET

THOSE DAMAGES, THEY WOULD HAVE TO SHOW, I'VE TAKEN REASONABLE AND

CUSTOMARY ACTIONS TO RELET THE PREMISES. I THINK THAT MAKES A WHOLE

LOT OF SENSE.

MR. GOODELL: THANK YOU FOR YOUR COMMENTS. I

APPRECIATE YOUR INSIGHTS.

ON THE BILL, MADAM SPEAKER.

ACTING SPEAKER MCMAHON: ON THE BILL.

MR. GOODELL: I -- I CERTAINLY APPRECIATE THE

SPONSOR'S DESIRE TO GIVE A TENANT A BREAK IF THERE'S A -- IF THE LANDLORD

RERENTS THE APARTMENT AFTER A BREACH, AND THIS LAW WOULD SAY THAT THE

LANDLORD HAS TO TAKE ANY SUBSEQUENT RENT AND APPLY IT AGAINST WHAT THE

TENANT WOULD OTHERWISE OWE. AND, BY THE WAY, THAT'S ALREADY THE

CURRENT LAW. BUT WHAT THIS DOES IS IMPOSES AN AFFIRMATIVE DUTY ON THE

LANDLORD TO RERENT THE APARTMENT RATHER THAN LEAVE IT VACANT.

THE PROBLEM AS SOMETIMES AS WE TALK ABOUT, THE DEVIL

IS IN THE DETAILS. RIGHT NOW, WE HAVE A VERY CLEAR PROCESS DESIGNED TO

PROTECT TENANTS FROM BEING WRONGFULLY EVICTED. AND THE ONLY WAY YOU

CAN TERMINATE A LEASE EVEN FOR NONPAYMENT OF RENT, UNDER CURRENT LAW,

IS EITHER A WRITTEN OR A VOLUNTARY TERMINATION BY THE TENANT, OR, THE ONLY

OTHER APPROACH UNDER CURRENT LAW IS A JUDICIAL PROCEEDING. AND THE

NYS ASSEMBLY MAY 8, 2019

REASON WE HAVE A JUDICIAL PROCEEDING IS TO PROTECT TENANTS IN CASE THE

TENANT HAS A DEFENSE, LIKE THE PROPERTY IS UNINHABITABLE, OR THAT THE

LANDLORD IS BREACHING SOME OTHER TERM AND CONDITION OF THE LEASE, AND

SO THE TENANT IS EXERCISING A SETOFF.

INADVERTENTLY, THIS BILL ELIMINATES ALL THOSE PROTECTIONS

FOR A TENANT BECAUSE THIS BILL SAYS THAT IF A TENANT VACATES IT IN VIOLATION

OF THE LEASE, WITHOUT AN EVICTION PROCEEDING, THE LANDLORD HAS AN

OBLIGATION TO MITIGATE DAMAGES --

ACTING SPEAKER MCMAHON: MR. GOODELL.

MR. GOODELL: -- AND THE LEASE IS TERMINATED.

ACTING SPEAKER MCMAHON: I WOULD LIKE TO

REMIND THE MEMBERS THAT WE'RE ON DEBATE. QUIET, PLEASE.

MR. GOODELL, YOU CAN CONTINUE.

MR. GOODELL: SO, THE NET EFFECT IS THIS IS WHAT

WILL HAPPEN IF THIS BECOMES A LAW: NUMBER ONE, THIS LAW DOES NOT

IMPOSE ANY DUTY ON A LANDLORD BRING AN EVICTION. SO, A LANDLORD WILL

WAIT, IF IT'S A SWEETHEART LEASE, UNTIL THE LAST MONTH, BRING THE EVICTION,

GET IN AN EXPEDITED PROCEEDING, GET THE ORDER OF EVICTION THAT'S

EFFECTIVE A WEEK BEFORE THE END OF THE LEASE AND GET THE ENTIRE AMOUNT

OF THE RENT WITH NO MITIGATION. THAT IS ALLOWED EVEN WITH THIS BILL.

AND, IN FACT, IF IT IS A SWEETHEART LEASE, THIS FORCES THE LANDLORD TO DO

THAT, RESULTING IN MORE COSTS TO THE TENANT. THE OTHER THING THAT THAT

DOES IS IT OPENS THE DOOR THAT A LANDLORD WILL EXERCISE SELF-HELP OR

RERENT THE PREMISES WITHOUT DOING AN EVICTION PROCEEDING AND AS SOON

AS HE RERENTS THE PREMISE, BOOM, THE RERENTING TERMINATES THE PRIOR

NYS ASSEMBLY MAY 8, 2019

LEASE.

I DO A LOT OF LANDLORD/TENANT WORK; SOMETIMES I

REPRESENT A TENANT, SOMETIMES I REPRESENT THE LANDLORD. A LANDLORD WILL

COME TO ME AND THEY'LL SAY, THE TENANT IS LATE IN THE RENT. I DON'T SEE

ANY FOOTPRINTS IN THE SNOW WHEN I GO TO COLLECT THE RENT. I GO BY EVERY

DAY FOR A WEEK, NO SIGN, IS THE TENANT OUT? CAN I MOVE IN? CAN I

CHANGE THE LOCKS? AND EVERY REAL ESTATE ATTORNEY WILL TELL HIM NO

BECAUSE YOU DON'T KNOW WHAT'S GOING ON WITH THE TENANT. THE TENANT

MAY BE VISITING A SICK RELATIVE, HE MAY BE OUT OF TOWN, HE MAY BE ON

VACATION. JUST BECAUSE THEY'RE LATE ON THE RENT DOESN'T GIVE YOU THE

RIGHT TO GO IN AND CHANGE THE LOCKS. THE ONLY WAY YOU GET THAT RIGHT IS

TO GO THROUGH A JUDICIAL PROCEEDING, AN EVICTION PROCEEDING, A JUDICIAL

PROCEEDING IN FRONT OF AN INDEPENDENT OFFICER, A JUDGE, WITH PROPER

NOTICE.

BUT THIS BILL SAYS THAT IF A TENANT VACATES IN VIOLATION

OF THE LEASE, AND WE'VE BEEN TOLD THAT MEANS THE TENANT'S NOT THERE AND

THE LEASE IS IN DEFAULT, IT GIVE US AN AFFIRMATIVE DUTY TO THE LANDLORD TO

RERENT IT. NO REFERENCE TO AN EVICTION PROCEEDING, AN AFFIRMATIVE DUTY

TO RERENT IT AND IT SAYS THE NEW LEASE TERMINATES THE OLD ONE. THE

TENANT COMES BACK FROM VACATION TO FIND OUT THERE'S SOMEBODY ELSE

LIVING IN THEIR HOUSE NOW AND THEIR POSSESSIONS HAVE BEEN PUT IN

STORAGE. THAT IS NOT THE INTENT OF THE SPONSOR. AND I APPLAUD THE INTENT

OF THE SPONSOR, WHICH IS THAT ENCOURAGE LANDLORDS TO RERENT AND REDUCE

DAMAGES AND REDUCE LIABILITY. THAT'S THE INTENT, IT'S A GREAT INTENT. BUT

WE VOTE ON LANGUAGE AND NOT ON INTENT, AND SO I WOULD ENCOURAGE THIS

NYS ASSEMBLY MAY 8, 2019

LANGUAGE TO BE TIGHTENED UP TO AVOID UNINTENDED CONSEQUENCES THAT

WILL BE DAMAGING TO TENANTS. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER, I RISE TO

EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR OF THIS BILL TO MOVING

THIS ISSUE FORWARD. THIS HAPPENS IN MY DISTRICT ALL THE TIME WHERE

YOU'LL HAVE A TENANT WHO'S IN AN APARTMENT AND THEY ARE MOVING TO

ANOTHER PART OF THE CITY, STATE OR COUNTRY AND THEY NEED TO LEAVE THE

APARTMENT WITH A -- WITH NOTICE. SO THEY'RE TELLING THE LANDLORD, HEY I

KNOW MY LEASE IS UP IN SIX MONTHS, BUT I'M LEAVING NEXT MONTH. AND

WHAT WE SEE TIME AND TIME AGAIN IS THE LANDLORD SAYING, WELL, THEN YOU

OWE THE ENTIRE SIX MONTHS, EVEN THOUGH THEY'RE GOING TO RERENT THE

APARTMENT. THERE'S A DUTY -- WE NEED TO ENSURE THAT THE DUTY TO

MITIGATE ACTUALLY PROTECTS TENANTS. SO RIGHT NOW, THEY AREN'T BEING

PROTECTED.

THE GOAL OF THIS LEGISLATION, AS I READ IT, IS TO SAY IF

THAT TENANT MOVES OUT, THERE'S GOING TO ENSURE THAT THE LANDLORD WHO

CAN RERENT THE APARTMENT WILL RERENT THE APARTMENT AND NOT TAKE IT OUT

OF THE COST OF THE TENANT. BUT I REALLY SUPPORT THE SPONSOR MOVING THIS

FORWARD AND I VOTE IN THE AFFIRMATIVE.

NYS ASSEMBLY MAY 8, 2019

ACTING SPEAKER AUBRY: MR. ZEBROWSKI.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. LET'S NOT BE CONFUSED HERE, COLLEAGUES. THIS IS NOT

SOME SORT OF COMPLICATED CONCEPT. THIS IS EXACTLY WHAT MOST OF THE

ATTORNEYS IN YOUR DISTRICT BELIEVE IS THE LAW ALREADY AND THIS IS HOW

MOST JUDGES PROBABLY WOULD RULE AS A MATTER OF EQUITY. HOWEVER,

SOMETIME IN THE LATE -- I THINK IT WAS AROUND 2008, THERE WERE SOME

COURT DECISIONS THAT SUGGESTED THAT THIS WASN'T CODIFIED AND, THEREFORE,

THERE WAS NOT A DUTY TO MITIGATE. LET'S NOT -- LET'S NOT HAVE THIS AS WE

HEAD FROM WHEREVER WE ARE IN OUR DISTRICTS GO THROUGH THE ALBANY

FILTER AND GET DISTORTED HERE IN OUR CHAMBERS.

THIS REQUIRES THAT IF SOMEBODY LEAVES A LEASE EARLY,

THAT THE LANDLORD HAS TO TRY TO RELET IT IN ORDER TO MITIGATE THE DAMAGES.

IF YOU VOTE NO ON THIS BILL, WHAT YOU ARE SAYING IS THAT THE LANDLORD

SHOULD HAVE TO SIT BACK OR SHOULD BE ABLE TO SIT BACK, RUN UP THE

DAMAGES ON THE TENANT, TAKE NO STEPS TO RELET IT, NO STEPS TO ADVERTISE,

NO STEPS TO DO ANYTHING AND THEN AT THE END COLLECT THE THOUSANDS AND

THOUSANDS OF DOLLARS FROM THE TENANT EVEN THOUGH THEY COULD HAVE HAD

THE OPPORTUNITY TO RELET THE APARTMENT TO SOMEBODY ELSE. I ASK YOU,

COLLEAGUES, WHETHER OR NOT YOU THINK THAT SCENARIO IS FAIR. IF YOU THINK

IT IS, VOTE NO. IF YOU THINK IT'S NOT, VOTE YES. MR. SPEAKER, I'LL BE VOTING

YES. THANK YOU.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MAY 8, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03654, CALENDAR NO.

111, PRETLOW, ABINANTI. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO PROHIBITING APPROVED ORGANIZATIONS IN THE CHILD HEALTH

INSURANCE PLAN FROM LIMITING THE PARTICIPATION OF CERTAIN HEATH CARE

PROVIDERS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. PRETLOW. IF YOU WOULD -- MEMBERS, WE'RE ON DEBATE.

MR. PRETLOW: THANK YOU. THIS BILL WOULD

PROHIBIT INSURANCE COMPANIES THAT ADMINISTER THE CHILD HEALTH PLUS

PROGRAM FROM REQUIRING THAT PARTICIPATING HEALTH CARE PROVIDERS ALSO

OPERATED BY THE INSURER.

ACTING SPEAKER AUBRY: MR. GARBARINO.

MR. GARBARINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

MR. PRETLOW: ABSOLUTELY.

ACTING SPEAKER AUBRY: MR. PRETLOW YIELDS,

MR. GARBARINO.

MR. GARBARINO: MR. PRETLOW, THIS BILL HAS BEEN

AROUND SINCE THE YEAR 2000 AND I'M JUST WONDERING, IT SEEMS LIKE IT

WAS PUT IN PROBABLY TO ADDRESS AN ISSUE, IT'S 19 YEARS LATER. IS THIS

SOMETHING THAT'S STILL STANDARD PRACTICE?

MR. PRETLOW: WELL, MR. GARBARINO, THIS WILL BE

NYS ASSEMBLY MAY 8, 2019

THE SEVENTH TIME THAT WE PASSED THIS BILL IN THIS HOUSE, AND HOPEFULLY

THE SEVENTH TIME IS THE CHARM.

MR. GARBARINO: OKAY. BUT I'M -- I'M JUST

WONDERING, IS THIS STILL SOMETHING THAT IS REALLY A BIG ISSUE IN THE

INSURANCE WORLD?

MR. PRETLOW: I BELIEVE IT'S IMPORTANT THAT WE DO

THIS, YES.

MR. GARBARINO: OKAY. IS THERE A CONCERN THAT --

BECAUSE RIGHT NOW THERE'S CERTAIN HEALTH INSURERS ADMINISTER CHILD

HEALTH PLUS. IS THERE A CONCERN IF -- AND THEY MIGHT DO THAT BECAUSE

THAT -- THEY -- THEY CAN ALSO REQUIRE HEALTH CARE PROVIDERS TO -- TO ALSO

TAKE PART IN THEIR OTHER PLANS. SO, IS THERE A CONCERN THAT IF WE DON'T

ALLOW THEM TO REQUIRE HEALTH CARE PROVIDERS TO TAKE PART IN THEIR OTHER

PLANS THAT THEY MIGHT STOP ADMINISTERING CHILD -- CHILD HEALTH PLUS?

MR. PRETLOW: WELL, THAT'S NOT THE ISSUE. THE

ISSUE IS THAT THE INSURANCE COMPANIES, USUALLY HMOS THAT ADMINISTER

THE CHILD HEALTH PLUS PROGRAM USING STATE FUNDS ARE NOT USING OUTSIDE

PROVIDERS THAT REFUSE TO PARTICIPATE WITH THAT PARTICULAR HMO. SO

THEY'RE DISCRIMINATING AGAINST THEM AND NOT GIVING THEM THE

OPPORTUNITY TO TREAT THE UNINSURED CHILDREN THAT ARE COVERED UNDER

CHILD HEALTH PLUS.

MR. GARBARINO: WELL, AND I UNDERSTAND THAT

THAT'S THE ISSUE THAT THIS BILL IS TRYING TO ADDRESS, BUT COULD THIS CREATE

ANOTHER ISSUE BY -- BY NOW THESE HMOS CAN'T REQUIRE THESE DOCTORS TO

PARTICIPATE IN THEIR OTHER PLANS, THAT THEY SAY, YOU KNOW WHAT, IF I -- IF

NYS ASSEMBLY MAY 8, 2019

THEY'RE NOT GOING TO PARTICIPATE IN OTHER PLANS I'M NOT GOING TO DO --

I'M NOT GOING TO PARTICIPATE IN OR I'M NOT GOING TO ADMINISTER CHILD

HEALTH PLUS ANYMORE.

MR. PRETLOW: WELL, THE PURPOSE OF THE BILL, AS I

SAID, IS FOR -- TO ALLOW HEALTH CARE PROVIDERS THE ABILITY TO ADMINISTER

HEALTH CARE TO UNDERINSURED CHILDREN, AND THE HMOS ARE NOT GIVING THE

ASSIGNMENT TO THESE DOCTORS THAT DO NOT WANT TO PARTICIPATE IN THEIR

HEALTH -- IN THEIR HEALTH CARE NETWORK.

MR. GARBARINO: OKAY. ALSO, COULD THIS -- IS

THERE -- IS THERE ANY WAY THAT THIS COULD INCREASE INSURANCE POLICY

PREMIUMS, BECAUSE NOW CERTAIN INSURANCE COMPANIES THEY MIGHT --

THEY SAY, YOU KNOW WHAT? I WANT WHATEVER DOCTORS ARE IN OUR

NETWORKS, I WANT THEM IN ALL -- ALL THE PLANS SO THAT IT'S EASY FOR OUR

ADMINISTRATIVE COSTS. YOU KNOW -- YOU KNOW, INSTEAD OF HAVING TO SAY,

ALL RIGHT, THIS DOCTOR'S ONLY PART OF THIS PLAN, THIS DOCTOR'S ONLY PART OF

THIS PLAN, YOU KNOW, IT COULD INCREASE ADMINISTRATIVE COSTS AND,

THEREFORE, RAISE POLICY PREMIUMS.

MR. PRETLOW: IT IS NOT MY BELIEF THAT THAT IS TRUE.

MR. GARBARINO: OKAY. ALL RIGHT. THANK YOU,

MR. PRETLOW.

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.)

NYS ASSEMBLY MAY 8, 2019

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I

COMMEND THE SPONSOR OF THIS LEGISLATION. I KNOW THAT IT IS A PROBLEM

FOR PEOPLE WITH DISABILITIES, PARTICULARLY THOSE WITH MENTAL HEALTH

ISSUES, TO FIND DOCTORS WHO CAN -- AND -- AND OTHER HEALTH CARE

PROVIDERS WHO COULD PROVIDE APPROPRIATE SERVICE. MANY OF THEM DO

NOT WANT TO BE PART OF NETWORKS, THEY PROVIDE THEIR OWN SERVICES AND

THEY ARE WILLING TO TAKE CHILD HEALTH PLUS. SO, THIS WILL FACILITATE

DIRECTING PATIENTS TO THOSE WHO ARE SKILLED IN DEALING WITH PEOPLE WITH

DISABILITIES, PARTICULARLY THOSE WHO HAVE MENTAL HEALTH NEEDS, AND

WOULD NOT REQUIRE THEM TO BE PART OF A -- OF A NETWORK. SO I COMMEND

THE SPONSOR AND I'M PLEASED TO VOTE YES.

ACTING SPEAKER AUBRY: MR. ABINANTI 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, DO YOU

HAVE ANY FURTHER HOUSEKEEPING AND/OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE BOTH

HOUSEKEEPING AND RESOLUTIONS.

ON A MOTION BY MR. ABINANTI, RULES REPORT NO. 16,

BILL NO. A00763, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

NUMEROUS FINE RESOLUTIONS WHICH WE WILL TAKE UP IN

NYS ASSEMBLY MAY 8, 2019

ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE;

OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 372-374

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, MAY THE 9TH, TOMORROW

BEING A LEGISLATIVE DAY, AND THAT WE WILL RECONVENE AT 2:00 P.M. ON

MONDAY THE 13TH, MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 12:15 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, MAY 9TH, THURSDAY BEING A LEGISLATIVE DAY,

AND TO RECONVENE ON MONDAY, MAY 13TH AT 2:00 P.M., MONDAY BEING A

SESSION DAY.)