THURSDAY, JUNE 13, 2019 10:52 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF WEDNESDAY, JUNE 12TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY JUNE 13, 2019
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, JUNE
THE 12TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IT IS MY
PLEASURE TO SHARE WITH COLLEAGUES, STAFF AND GUESTS THAT ARE IN THE
CHAMBERS [SIC] A QUOTE TODAY THAT COMES FROM A VERY RECENT HIGH
SCHOOL GRADUATION OF SASHA OBAMA. THE KEYNOTE ADDRESS WAS GIVEN
BY SHEILA JOHNSON CRUMP [SIC] WHO WAS ALSO THE PRESIDENT AND
FOUNDER OF BET, AND THE PRESIDENT AND CEO OF SALAMANDER HOTELS AND
RESORTS. THE QUOTE, MR. SPEAKER, IS THAT, "LIFE HAS NEVER BEEN ABOUT
YOU OR ABOUT ME. LIFE AND ALL THAT MATTERS WITHIN IT HAS ALWAYS BEEN
ABOUT US." AGAIN, MR. SPEAKER, THAT IS A QUOTE FROM SHEILA JOHNSON
DURING A COMMENCEMENT ADDRESS JUST A FEW DAYS AGO. IT IS APPROPRIATE
FOR US IN OUR CHAMBERS [SIC] BECAUSE IT IS ALL ABOUT US, AND AT THE END
OF THE DAY WE'VE DONE SOME REALLY GREAT WORK OVER THE LAST COUPLE OF
WEEKS. WE'VE GOT A LOT OF GREAT WORK TO DO TODAY. SO I WANT TO THANK
COLLEAGUES FOR THEIR COOPERATION ON YESTERDAY, AND TO SUGGEST TO YOU ALL
THAT WE HAVE ANOTHER VERY BUSY DAY. AND SO WE WILL BE ASKING FOR
YOUR COOPERATION, AND ADVISING YOU THAT ON YOUR DESK IS A MAIN
CALENDAR AND A DEBATE LIST. AND AFTER THERE ARE ANY INTRODUCTIONS
AND/OR HOUSEKEEPING, MR. SPEAKER, WE WILL CONTINUE TO CONSENT FROM
THE MAIN CALENDAR BEGINNING WITH RULES REPORT NO. 103 ON PAGE 18.
WE WILL ALSO WORK OFF A CONSENT LIST AND A DEBATE LIST. WE WILL CALL THE
2
NYS ASSEMBLY JUNE 13, 2019
HEALTH COMMITTEE AND THE RULES COMMITTEE. THEY WILL MEET OFF THE
FLOOR. THESE MEETINGS WILL PRODUCE AN A-CALENDAR WHICH WE WILL TAKE
UP TODAY. MEMBERS SHOULD ALSO BE AWARE THAT COMMITTEES WILL BE --
SHOULD BE READY TO MEET FOR HOUSING, CODES, WAYS AND MEANS AND
RULES FOR A SECOND TIME TODAY. THESE COMMITTEES WILL PRODUCE A
CALENDAR THAT WE'LL BE TAKING UP FIRST THING TOMORROW MORNING. AND FOR
OUR MAJORITY COLLEAGUES, YOU SHOULD KNOW THAT THERE WILL BE A NEED FOR
A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF SESSION TODAY. AND WE
ARE ALREADY KIND OF KNOW THAT THE MINORITY WILL ALSO NEED TO BREAK FOR
A CONFERENCE AS WELL, MR. SPEAKER, AT SOME POINT.
SO, THAT IS A GENERAL OUTLINE OF WHERE WE'RE GOING
TODAY. IF THERE ARE INTRODUCTIONS AND HOUSEKEEPING, IT WOULD BE A
PERFECT TIME TO DO THAT NOW.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
FOR THE FIRST TIME THIS YEAR WE HAVE NEITHER INTRODUCTIONS NOR
HOUSEKEEPING.
(APPLAUSE)
AFTER YESTERDAY'S MARATHON INTRODUCTIONS, I'M MORE
HAPPY THAN YOU ARE.
(LAUGHTER)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 552, MS.
WILLIAMS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO DECLARE JUNE 2019, AS NORTH AMERICAN
3
NYS ASSEMBLY JUNE 13, 2019
HURRICANE AWARENESS MONTH IN THE STATE OF NEW YORK, AT THE START OF
THE ATLANTIC HURRICANE SEASON.
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. 553, MS.
JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 6, 2019, AS GOT CHECKED? DAY
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 554, MR.
BENEDETTO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 13-19, 2019, AS MALE BREAST
CANCER AWARENESS 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. 555, MR.
ZEBROWSKI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM AUGUST 2019, AS INDIAN-AMERICAN
4
NYS ASSEMBLY JUNE 13, 2019
HERITAGE 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. 556, MR.
MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 13, 2019, AS METASTATIC
BREAST CANCER AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 557, MS.
MALLIOTAKIS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 9, 2019, AS PANDAS/PANS
(PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC DISORDERS) AWARENESS DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 558, MS.
MILLER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 2019, AS COCKAYNE SYNDROME
5
NYS ASSEMBLY JUNE 13, 2019
AWARENESS MONTH IN THE STATE -- 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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE CAN
NOW GO TO PAGE 8, RULES REPORT NO. 103.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02785-A, RULES
REPORT NO. 103, GOTTFRIED, ABINANTI, PHEFFER AMATO, SOLAGES, JAFFEE,
GARBARINO, RAIA, STECK, SEAWRIGHT, ASHBY, BYRNE, MCDONALD. AN ACT
TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO SYNCHRONIZATION OF
MULTIPLE PRESCRIPTIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: COLLEAGUES, THIS IS OUR
FIRST OF TODAY. IF YOU ARE IN AND AROUND THE CHAMBERS [SIC], PLEASE CAST
YOUR VOTE. THIS IS THE FIRST OF TODAY.
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,
MEMBERS. PLEASE CAST YOUR VOTE. PLEASE COME TO THE CHAMBERS [SIC] IF
6
NYS ASSEMBLY JUNE 13, 2019
YOU ARE NOT ALREADY HERE, IN ORDER TO CAST YOUR VOTE. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02787, RULES REPORT
NO. 104, GOTTFRIED, JAFFEE, ABINANTI, SAYEGH. AN ACT TO AMEND THE
SOCIAL SERVICES LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO
PAYMENTS FOR BEHAVIORAL HEALTH SERVICES.
ACTING SPEAKER AUBRY: ON A -- ON A -- NO,
EXCUSE ME. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MEMBERS, THERE WAS NO HOME RULE ON THAT PARTICULAR
BILL.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02853, RULES REPORT
NO. 105, MCDONALD. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING THE CITY OF TROY TO IMPOSE HOTEL AND MOTEL TAXES; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
7
NYS ASSEMBLY JUNE 13, 2019
IS AT THE DESK. READ THE LAST SECTION.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02858-B, RULES
REPORT NO. 106, MCDONALD, BICHOTTE, BRABENEC, COOK, CROUCH,
GOTTFRIED, GUNTHER, JAFFEE, RIVERA, STIRPE, PICHARDO, ENGLEBRIGHT,
DIPIETRO, LUPARDO, SANTABARBARA, WOERNER, THIELE, CUSICK, BYRNE,
MORINELLO, BLAKE, VANEL, FAHY, FRIEND, ROZIC, BENEDETTO, RICHARDSON,
MONTESANO, JOYNER, NORRIS, GLICK, WILLIAMS, ABINANTI, BRAUNSTEIN,
GALEF, JONES, D'URSO, LENTOL, CYMBROWITZ, ORTIZ, BARRON, SOLAGES,
LAWRENCE, MCDONOUGH, MOSLEY, WALLACE, LIFTON, O'DONNELL,
D. ROSENTHAL, ARROYO, PALUMBO, GIGLIO, BLANKENBUSH, GARBARINO,
B. MILLER, CAHILL, DAVILA, COLTON, GOODELL, STERN, RAIA, WEIGHT,
TAYLOR, SAYEGH, BYRNES, SMULLEN, RA, GRIFFIN, BUTTENSCHON, RAYNOR,
STECK, DESTEFANO, LIPETRI, SMITH, MIKULIN, JACOBSON, REYES. AN ACT TO
AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
INCREASING THE RETIREE EARNINGS CAP.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, 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.
8
NYS ASSEMBLY JUNE 13, 2019
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THANK YOU
FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO -- FOR THE
INTRODUCTION ON BEHALF OF MR. ZEBROWSKI AND MS. JAFFEE, THE LEADERS OF
THE INDIAN-AMERICAN COMMUNITY OF ROCKLAND COUNTY. THEY'RE HERE
WITH US IN THE CHAMBERS [SIC], MR. SPEAKER. THERE'S THE INDIA CULTURAL
SOCIETY OF ROCKLAND, GEEBON JODI (PHONETIC) SENIOR CITIZENS
ASSOCIATION, HUDSON VALLEY MALAYALEE ASSOCIATION, AND THE FIRST
FEMALE ELECTED INDIAN-AMERICAN COUNTY LEGISLATOR IN ROCKLAND
COUNTY, ANEY PAUL.
IF YOU WOULD PLEASE GIVE THE CORDIALITIES OF THE FLOOR
AND WELCOME THEM TO OUR CHAMBERS [SIC], MR. SPEAKER, ON BEHALF OF
MR. ZEBROWSKI AND MS. JAFFEE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. ZEBROWSKI, MS. JAFFEE, 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 UNDERSTAND THAT THIS IS THE PEOPLE'S
HOUSE. YOU ARE ALWAYS WELCOME HERE. CERTAINLY, WE ARE SO PLEASED TO
HAVE YOU JOIN US IN THESE LAST DAYS OF SESSION. WE HOPE THAT YOUR TRIP
HERE HAS BEEN WELL, AND THAT YOU WILL ENJOY THE PROCEEDINGS. THANK
YOU SO VERY MUCH. AND TO THE COLLEAGUE WHO ALSO SERVES IN
GOVERNMENT, CONGRATULATIONS. THANK YOU, AND THANK YOU FOR YOUR
SERVICE.
9
NYS ASSEMBLY JUNE 13, 2019
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02957-A, RULES
REPORT NO. 107, RICHARDSON, THIELE, BICHOTTE, EPSTEIN, D'URSO,
SAYEGH, ORTIZ, JAFFEE, GRIFFIN, BARRON, WRIGHT, RAMOS. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING INFORMATION ON
POSSIBLE COMPLICATIONS FROM PREGNANCY; AND IN RELATION TO SCREENINGS
AND REFERRALS FOR SERIOUS THREATS TO LIFE AFTER PREGNANCY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03009, RULES REPORT
NO. 108, QUART, BRAUNSTEIN, RYAN, FAHY, LAVINE, HEVESI, STECK,
AUBRY, PRETLOW, SEAWRIGHT, WEPRIN, RIVERA, COOK, BARCLAY, CRESPO,
CYMBROWITZ, ABINANTI, PHEFFER AMATO, GARBARINO, SOLAGES, RAIA,
GALEF, PEOPLES-STOKES, STIRPE, OTIS, CUSICK, MCDONALD. AN ACT TO
AMEND THE INSURANCE LAW, IN RELATION TO SYNCHRONIZATION OF MULTIPLE
PRESCRIPTIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
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.
10
NYS ASSEMBLY JUNE 13, 2019
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE'RE
GOING TO INTERRUPT OUR PROCEEDINGS ONCE AGAIN TO INTRODUCE SOME
HONORED GUESTS THAT IN OUR CHAMBERS [SIC]. THEY ARE ABOVE YOU IN -- IN
-- IN THE BALCONY, MR. SPEAKER. THEY ARE COMMEMORATING THE 75TH
ANNIVERSARY OF THE POLISH AMERICAN CONGRESS. THERESA BUNK, WHO IS
THE NATIONAL DIRECTOR, IS FROM WATERVLIET; AND TOMASZ MROCZEK IS THE
NATIONAL DIRECTOR AND PRESIDENT FROM UTICA. MR. SPEAKER, THEY HAVE
WITH THEM FOLKS FROM LITERALLY ALL OVER THE GREAT STATE OF NEW YORK,
AND THEY ARE HERE ON BEHALF OF MR. MCDONALD, MR. -- MS. BUTTENSCHON,
MS. FAHY, MR. SANTABARBARA, MR. STECK, MS. WALSH AND MANY OTHER
MEMBERS OF OUR CHAMBERS [SIC].
SO WOULD YOU PLEASE, MR. -- MR. SPEAKER, GIVE THEM
YOUR GRACIOUS WELCOME AND ALLOW THEM THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. MCDONALD, MR. -- MS. BUTTENSCHON, MS. FAHY, MR. STECK, MR.
SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS, LET ME WELCOME THESE
PROUD MEMBERS OF THE POLISH-AMERICAN COMMUNITY HERE TO THE NEW
YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
WE HOPE THAT YOU WILL ENJOY TODAY'S PROCEEDINGS, AND WE CELEBRATE YOU
IN CELEBRATING YOUR CULTURE. THANK YOU SO VERY MUCH, WHICH -- SHARING
WITH US TODAY.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
11
NYS ASSEMBLY JUNE 13, 2019
PLEASE CALL THE HEALTH COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?
MR. GOTTFRIED WILL BE EN ROUTE.
ACTING SPEAKER AUBRY: HEALTH COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY. THANK YOU.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03059, RULES REPORT
NO. 109, GOTTFRIED. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE
INSURANCE LAW, IN RELATION TO UTILIZATION REVIEW OF COVERAGE OF NURSING
HOME CARE FOLLOWING AN INPATIENT HOSPITAL ADMISSION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03200, RULES REPORT
NO. 111, BYRNE. AN ACT TO AMEND THE TOWN LAW AND THE PUBLIC
OFFICERS LAW, IN RELATION TO THE RESIDENCY REQUIREMENT FOR THE COURT
ATTENDANT FOR THE TOWN OF SOMERS, IN THE COUNTY OF WESTCHESTER.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BYRNE, 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.
12
NYS ASSEMBLY JUNE 13, 2019
THE CLERK: ASSEMBLY NO. A03320, RULES REPORT
NO. 112, ZEBROWSKI, BLAKE, LUPARDO, COLTON, WALLACE, JONES,
RICHARDSON, WALSH, BRABENEC, NIOU, WRIGHT, REYES. AN ACT TO AMEND
THE BANKING LAW, IN RELATION TO THE BANKING DEVELOPMENT DISTRICT
PROGRAM; TO AMEND CHAPTER 526 OF THE LAWS OF 1998 AMENDING THE
BANKING LAW RELATING TO PARTICIPATION IN THE BANKING DEVELOPMENT
DISTRICTS PROGRAM, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03326-A, RULES
REPORT NO. 113, CYMBROWITZ. AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO NOTIFICATION REQUIREMENTS FOR A
SEVEN-DAY LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION OFF THE
PREMISES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CYMBROWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03402, RULES REPORT
NO. 114, GUNTHER, CAHILL, ZEBROWSKI, GOTTFRIED, SIMON, MOSLEY,
MONTESANO, M.G. MILLER, JAFFEE, COLTON, DICKENS. AN ACT TO AMEND
THE MENTAL HYGIENE LAW, IN RELATION TO LIABILITY FOR THE PAYMENT OF FEES
FOR SERVICES RENDERED BY THE DEPARTMENT OF MENTAL HYGIENE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
13
NYS ASSEMBLY JUNE 13, 2019
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER STERN: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03475, RULES REPORT
NO. 115, DESTEFANO, MONTESANO, SALKA, LAWRENCE, D'URSO. AN ACT TO
-- AN ACT AUTHORIZING THE ALIENATION OF CERTAIN PARKLANDS IN THE TOWN OF
BROOKHAVEN, COUNTY OF SUFFOLK.
ACTING SPEAKER STERN: ON A MOTION BY MR.
DESTEFANO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER STERN: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. DESAN -- DESANO -- (INAUDIBLE) YOUR FIRST, SIR.
DESTEFANO.
(APPLAUSE)
14
NYS ASSEMBLY JUNE 13, 2019
CONGRATULATIONS, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, ON BEHALF
OF MS. PHEFFER AMATO, WHO IS STANDING THERE WITH SOME REALLY
HANDSOME AND BEAUTIFUL YOUNG LADIES AND YOUNG MEN WHO ARE FROM THE
J.H.S. 202 ROBERT H. GODDARD SCHOOL LOCATED IN OZONE PARK IN
QUEENS, NEW YORK. THEY'RE WITH THEIR ASSEMBLYMEMBER, MR.
SPEAKER. IF YOU COULD WELCOME THEM, AS THEY HAVE TRAVELED TO OUR
CAPITOL. THEY ACTUALLY WILL BE TOURING MUSEUMS WHILE THEY'RE HERE.
THEY'RE GOING TO GO TO THE CORNING TOWER, WHICH IS A BEAUTIFUL LOOK OF
ALBANY IF THEY GO ALL THE WAY TO THE TOP. I'M SURE THEY'VE ENJOYED
THEMSELVES WHILE THEY'RE TOURING ALBANY. WILL YOU WELCOME THEM TO
OUR CHAMBERS [SIC] AND OFFER THEM THE CORDIALITIES OF THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. WE -- ON
BEHALF OF MS. PHEFFER AMATO, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME THESE EXTRAORDINARY STUDENTS FROM OZONE PARK HERE TO THE
NEW YORK STATE ASSEMBLY, EXTEND TO YOU GUYS THE PRIVILEGES OF THE
FLOOR. HOPE THAT YOU WILL HAVE A GREAT TIME AND LEARN MUCH AS YOU
HAVE COME TO ALBANY. ALSO, THAT YOU KNOW YOU HAVE AN
ASSEMBLYWOMAN WHO IS SUPPORTING YOU WITH ALL HER MIGHT. THANK
YOU SO VERY MUCH. HAPPY TO HAVE YOU GUYS.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03548, RULES REPORT
NO. 116, DINOWITZ, GOTTFRIED, GALEF, BRAUNSTEIN, MAGNARELLI, ABINANTI,
15
NYS ASSEMBLY JUNE 13, 2019
OTIS, REYES, SAYEGH, GUNTHER, EPSTEIN, D'URSO, STIRPE, ARROYO, STECK,
COOK, GLICK, ZEBROWSKI, FERNANDEZ. AN ACT TO AMEND THE GENERAL
OBLIGATIONS LAW, IN RELATION TO REQUIRING CONTRACTEES TO WAIVE THEIR
RIGHTS RELATING TO THE MAKING OF CERTAIN STATEMENTS ABOUT CONTRACTORS.
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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03628, RULES REPORT
NO. 117, SCHIMMINGER, RYAN. AN ACT TO AMEND THE GENERAL MUNICIPAL
LAW, IN RELATION TO PERMITTING THE TONAWANDA CITY SCHOOL DISTRICT TO
ESTABLISH AN INSURANCE RESERVE FUND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
16
NYS ASSEMBLY JUNE 13, 2019
MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.
MEMBERS, SHH.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. ON BEHALF OF ASSEMBLYMAN BLANKENBUSH, I WANT TO
INTRODUCE SOME DISTINGUISHED GUESTS WHO ACTUALLY RESIDE IN
ASSEMBLYWOMAN FAHY'S DISTRICT. WE HAVE WITH US MR. BLANKENBUSH'S
SISTER, LILA MEEKS; AND HIS NEPHEWS, PATRICK AND JAMISON. PATRICK IS
GOING INTO THE FOURTH GRADE IN THE LOUDONVILLE CHRISTIAN SCHOOL, AND
JAMISON IS GOING INTO SEVENTH GRADE. AND I'VE BEEN ADVISED THAT SINCE
SECOND GRADE, PATRICK HAS KNOWN ALL THE PRESIDENTS, IN ORDER, AND HE
HAS AS ONE OF HIS BUCKET LIST CAREER OBJECTIVES BECOMING PRESIDENT.
AND SO WE ARE FORTUNATE HERE THAT WE CAN SAY WE KNEW HIM WHEN HE
GETS THERE.
SO IF YOU WOULD WELCOME PATRICK, JAMISON AND THEIR
MOTHER, LILA, I WOULD APPRECIATE IT.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BLANKENBUSH, MS. FAHY, THE SPEAKER AND ALL THE MEMBERS,
GENTLEMEN, LADIES, WE WELCOME YOU HERE TO THE NEW YORK STATE
ASSEMBLY. YOU ARE GIVEN THE PRIVILEGES OF THE FLOOR, AND AS FAMILY
YOU WILL ALWAYS HAVE THAT. WE HOPE THAT YOU WILL COME AND VISIT US
OFTEN. CLEARLY, MR. BLANKENBUSH IS PLEASED TO HAVE YOU. WE LOVE TO
HAVE HIM SMILE ON DAYS LIKE TODAY. THANK YOU SO MUCH. AND FOR THE
ASPIRING PRESIDENT, KEEP GOING, MY SON. YOU NEVER KNOW. THANK YOU
SO VERY MUCH.
(APPLAUSE)
17
NYS ASSEMBLY JUNE 13, 2019
PRACTICE MAKES PERFECT.
(LAUGHTER)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03937-A, RULES
REPORT NO. 119, HYNDMAN, DICKENS, ARROYO, WILLIAMS, MONTESANO,
RAYNOR. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE
REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL LAND SURVEYOR; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 547 DAYS.
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 ALLOWING ME TO INTERRUPT OUR PROCEEDINGS TO INTRODUCE YET
ANOTHER GUEST.
(PAUSE)
ACTING SPEAKER AUBRY: WAIT UNTIL THAT DOOR
IS CLOSED. CAN WE KEEP THAT DOOR CLOSED THERE FOR A MINUTE? THANK
YOU.
MRS. PEOPLES-STOKES: TO INTRODUCE, MR.
18
NYS ASSEMBLY JUNE 13, 2019
SPEAKER, ANOTHER GUEST IN OUR CHAMBER. SHE -- ON BEHALF OF ALL OF THE
WESTERN NEW YORK DELEGATION, THIS IS BRIDGET O'CONNELL. SHE IS A
DISTINGUISHED ATTORNEY FROM THE BUFFALO AREA, THE NEWLY-ELECTED
PRESIDENT OF THE ERIE COUNTY BAR ASSOCIATION, AND THE FORMER PRESIDENT
OF THE WOMEN'S BAR ASSOCIATION, THE WESTERN NEW YORK CHAPTER.
MR. SPEAKER, PLEASE WELCOME BRIDGET O'CONNELL TO
OUR CHAMBERS [SIC].
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF THE WESTERN QUEENS [SIC] DELEGATION, 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, THE PEOPLE'S HOUSE. WE
HOPE THAT YOUR TENURE IN YOUR POSITION WILL BE POSITIVE AND YOU WILL
MOVE THE CAUSE OF JUSTICE IN THIS STATE. THANK YOU SO VERY MUCH.
WELCOME.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04000, RULES REPORT
NO. 120, WEPRIN. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK, IN RELATION TO EXCLUDING MEMBERS OF THE POLICE
FORCE WHO USE HEARING ASSISTANCE DEVICES FROM THE DEFINITION OF
DISABLED.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
19
NYS ASSEMBLY JUNE 13, 2019
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04256-A, RULES
REPORT NO. 121, HEVESI, BARRON, AUBRY. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO ANY UNEARNED INCOME OF A CHILD IN CERTAIN
CIRCUMSTANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04350-A, RULES
REPORT NO. 122, ZEBROWSKI, MCDONALD, STIRPE, WALLACE, BENEDETTO,
COLTON. AN ACT TO AMEND THE WORKERS' COMPENSATION LAW, IN RELATION
TO THE REQUIREMENT FOR POLICYHOLDERS TO PROVIDE 30 DAYS NOTICE TO
WITHDRAW FROM THE STATE INSURANCE FUND.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04436, RULES REPORT
NO. 123, ABBATE, COLTON. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
SECURITY LAW, IN RELATION TO DISABILITY BENEFITS FOR FIREFIGHTERS
EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04454, RULES REPORT
NO. 124, CUSICK, L. ROSENTHAL, ENGLEBRIGHT, ABINANTI, LUPARDO, OTIS,
20
NYS ASSEMBLY JUNE 13, 2019
TITUS, D'URSO. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW,
IN RELATION TO REQUIRING NOTICE TO ADJACENT LANDOWNERS WHERE CERTAIN
DEVELOPMENT IS PROPOSED IN WETLANDS IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE.
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.
MRS. PEOPLES-STOKES FOR THE PURPOSES OF AN
INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IT'S AN HONOR TO INTRODUCE A GUEST HERE ON BEHALF OF OUR
COLLEAGUE, CATHY NOLAN. WE HAVE WITH US, MR. SPEAKER, KERRY
KENNEDY, WHO IS HERE REPRESENTING THE ROBERT KENNEDY HUMAN RIGHTS
FOUNDATION. IF YOU WOULD PLEASE WELCOME OUR HONORED GUEST TO THE
CHAMBERS [SIC].
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
-- WELL, YES. I THINK THAT'S APPROPRIATE BY ITSELF.
(APPLAUSE)
ON BEHALF OF MS. NOLAN, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.
21
NYS ASSEMBLY JUNE 13, 2019
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S
HOUSE. YOU ARE SO WELCOME HERE. AND, OF COURSE, THE LEGACY OF YOUR
FAMILY IS OUTSTANDING. THANK YOU SO VERY MUCH. WE CAN NEVER THANK
YOU ENOUGH. THANK YOU.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04620, RULES REPORT
NO. 125, ENGLEBRIGHT, GUNTHER, JOYNER, ARROYO, DAVILA. AN ACT TO
AMEND THE TAX LAW AND THE STATE FINANCE LAW, IN RELATION TO
PROVIDING FOR TAXPAYER GIFTS FOR DIABETES RESEARCH AND EDUCATION AND
ESTABLISHING THE DIABETES RESEARCH AND EDUCATION FUND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04666, RULES REPORT
NO. 126, RYAN, ORTIZ, JAFFEE, ENGLEBRIGHT, GUNTHER, BURKE, FAHY,
LIFTON, D'URSO, MCDONALD, NIOU, REYES, WEPRIN, GLICK, MOSLEY,
THIELE, COLTON, SIMON, GOTTFRIED, L. ROSENTHAL, RAMOS, GALEF,
EPSTEIN, STECK. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION
LAW, IN RELATION TO THE PROTECTION OF CERTAIN STREAMS.
22
NYS ASSEMBLY JUNE 13, 2019
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04844-A, RULES
REPORT NO. 127, COLTON, WALKER, ORTIZ, SEAWRIGHT, MOSLEY, BARRON,
RIVERA, ARROYO, D'URSO, DENDEKKER, EPSTEIN, COOK, SIMON, BLAKE,
GLICK, HYNDMAN, FALL, FERNANDEZ. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO THE SITING AND PRESENCE OF ADEQUATE
NUMBERS OF TRASH RECEPTACLES IN COMMERCIAL ZONES AND RECREATIONAL
AREAS IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04912, RULES REPORT
NO. 128, GARBARINO. AN ACT IN RELATION TO PERMITTING THE UNITARIAN
UNIVERSALIST CONGREGATION OF THE GREAT SOUTH BAY SAYVILLE TO -- TO FILE
AN APPLICATION FOR A REAL PROPERTY TAX EXEMPTION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
23
NYS ASSEMBLY JUNE 13, 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: THANK YOU, MR.
SPEAKER. IF YOU COULD PLEASE CALL THE RULES COMMITTEE TO THE
SPEAKER'S CONFERENCE ROOM. RULES COMMITTEE.
ACTING SPEAKER AUBRY: RULES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04915, RULES REPORT
NO. 129, JEAN-PIERRE, DICKENS, BARRON, JONES, GLICK, MOSLEY,
BUCHWALD, JAFFEE, HYNDMAN, COLTON, GALEF, MCDONOUGH, WALKER. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO DEATH CERTIFICATES FOR
PERSONS WHOSE DEATH IS CAUSED BY AN OPIOID OVERDOSE.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JEAN-PIERRE, 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.)
ACTING SPEAKER PICHARDO: ARE THERE ANY
24
NYS ASSEMBLY JUNE 13, 2019
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04943, RULES REPORT
NO. 130, L. ROSENTHAL, DENDEKKER. AN ACT TO AMEND THE MENTAL
HYGIENE LAW, IN RELATION TO ANNUAL REPORTING ON INMATE SUBSTANCE
ABUSE.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04949-A, RULES
REPORT NO. 131, PEOPLES-STOKES. AN ACT TO AMEND THE EDUCATION LAW,
IN RELATION TO PROVIDING FOR THE ELECTION OF MEMBERS OF THE BOARD OF
EDUCATION OF THE BUFFALO CITY SCHOOL DISTRICT IN NOVEMBER; AND TO
REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
25
NYS ASSEMBLY JUNE 13, 2019
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. A05045, RULES REPORT
NO. 132, DAVILA, AUBRY, GOTTFRIED, SIMON, BARRON, ARROYO, TAYLOR,
LAVINE, ORTIZ, CAHILL, O'DONNELL, SEAWRIGHT, PICHARDO, MOSLEY, PERRY,
RIVERA, JAFFEE, QUART, DICKENS, BLAKE, WALKER, WRIGHT, ROMEO. AN
ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO ALLOWING A
COURT TO WAIVE CERTAIN SURCHARGES AND FEES; AND TO REPEAL CERTAIN
PROVISIONS OF THE PENAL LAW RELATING THERETO.
ACTING SPEAKER PICHARDO: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A05351, RULES REPORT
NO. 133, CYMBROWITZ, BLAKE. AN ACT TO AMEND THE PRIVATE HOUSING
FINANCE LAW, IN RELATION TO THE COPYING OF DOCUMENTS OF LIMITED PROFIT
HOUSING COMPANIES.
ACTING SPEAKER PICHARDO: ON A MOTION BY
MR. CYMBROWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL
IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
26
NYS ASSEMBLY JUNE 13, 2019
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05625-A, RULES
REPORT NO. 134, WEINSTEIN, MOSLEY, JAFFEE, ABBATE, CYMBROWITZ,
GALEF, ZEBROWSKI, JOYNER, ORTIZ, GLICK, DINOWITZ, CARROLL, D'URSO,
STECK, HYNDMAN, RICHARDSON, SEAWRIGHT, WEPRIN, CAHILL, COLTON,
TAYLOR. AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO
DIRECTING THE DEPARTMENT OF FINANCIAL SERVICES TO ESTABLISH AN INTERNET
WEBSITE FOR FEDERAL HOME EQUITY CONVERSION MORTGAGE PRODUCT
COMPARISON.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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. A05635-A, RULES
REPORT NO. 135, DENDEKKER, PAULIN. AN ACT TO AMEND THE GENERAL
BUSINESS LAW AND THE STATE TECHNOLOGY LAW, IN RELATION TO
NOTIFICATION OF A SECURITY BREACH.
27
NYS ASSEMBLY JUNE 13, 2019
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DENDEKKER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05661, RULES REPORT
NO. 136, ROZIC, PEOPLES-STOKES, BUCHWALD, CAHILL, COOK, DINOWITZ,
ENGLEBRIGHT, GALEF, GOTTFRIED, JAFFEE, VANEL, ABINANTI, GRIFFIN,
JACOBSON, BARRETT, D'URSO. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO THE BOUNDARIES OF ELECTION DISTRICTS AND THE DESIGNATION OF
POLLING PLACES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROZIC, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05767-A, RULES
REPORT NO. 137, PHEFFER AMATO, D'URSO. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE FILLING OF BORROW
PITS IN JAMAICA BAY; AND TO AMEND CHAPTER 288 OF THE LAWS OF 2014
AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO THE FILLING
OF BORROW PITS IN JAMAICA BAY, IN RELATION TO MAKING THE PROVISIONS OF
SUCH CHAPTER PERMANENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
28
NYS ASSEMBLY JUNE 13, 2019
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. SOME OF US MAY HAVE NOTICED THIS MORNING WHEN WE CAME IN
IN THE WELL, SOME INCREDIBLE MOTORCYCLES. THEY WERE ALL CUSTOM-
BUILT. NOT ONLY ARE THEY A -- A WORK OF ART, BUT THEY'RE ALSO VERY
FUNCTIONAL AND INCREDIBLE CUSTOM MOTORCYCLES. JOINING US TODAY, WE
HAVE PAUL TEUTEL, SR. FROM ORANGE COUNTY CHOPPERS. PAUL STARTED
WITH A METAL FABRICATION BUSINESS IN NEW YORK, AND THEN CREATED A TV
SHOW WHICH HAS EVOLVED INTO A GLOBAL PHENOMENON, SHOWING THIS
INCREDIBLE PROCESS OF TAKING A NORMAL MOTORCYCLE AND MAKING IT INTO AN
EXTRAORDINARY MOTORCYCLE.
ACTING SPEAKER AUBRY: MR. GOODELL, I'M
SORRY. IF YOU WOULD SUFFER AN INTERRUPTION.
LADIES AND GENTLEMEN, WE HAVE INTRODUCTIONS ON THE
FLOOR. IT WOULD BE MORE THAN POLITE FOR YOU TO HOLD YOUR COMMENTS
DOWN.
SIR.
MR. GOODELL: JOINING PAUL TEUTEL, ALONG WITH THE
SIX CHOPPERS THAT HE BROUGHT TO US TO ENJOY, ARE JOANN -- OR JOANNIE
KAY, WHO IS THE CHIEF EXECUTIVE OFFICER OF THE ORANGE COUNTY
CHOPPERS; SANTOS LOPEZ, WHO IS THE VICE PRESIDENT OF MARKETING AND
29
NYS ASSEMBLY JUNE 13, 2019
A UNITED STATES NAVY VETERAN; JASON POHL, LEAD DESIGNER; AND JOSH
ALLISON, LEAD FABRICATOR.
IF YOU WOULD WELCOME THESE DISTINGUISHED NEW
YORKERS WHO ARE SHOWING THE REST OF THE WORLD OUR IMAGINATION,
INGENUITY AND ENGINEERING PROWESS WHEN IT COMES TO MOTORCYCLE
DESIGNS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, SIR, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY AND EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S HOUSE. YOU ARE ALWAYS
WELCOME HERE. AND CERTAINLY, WE CONGRATULATE YOU ON THE REMARKABLE
VEHICLES THAT YOU HAVE BROUGHT FOR US TO SEE, AND YOUR CREATIVITY IN
TERMS OF PRODUCING THEM. THANK YOU SO VERY MUCH. CONTINUE YOUR
GOOD WORK.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE ADVANCE THE A-CALENDAR?
ACTING SPEAKER AUBRY: ON MRS. PEOPLES-
STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: WE WILL GO DIRECTLY TO
PAGE 3, MR. SPEAKER, RULES REPORT NO. 230 BY MR. DINOWITZ.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02371-A, RULES
30
NYS ASSEMBLY JUNE 13, 2019
REPORT NO. 230, DINOWITZ, MOSLEY, BURKE, MAGNARELLI, FAHY, ARROYO,
COOK, GLICK, JAFFEE, WALLACE, STECK, ZEBROWSKI, JACOBSON, QUART,
REYES, PAULIN, L. ROSENTHAL, SIMOTAS, TITUS, NIOU, DE LA ROSA. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXEMPTIONS FROM
VACCINATION DUE TO RELIGIOUS BELIEFS; TO REPEAL SUBDIVISION 9 OF SECTION
2164 OF THE PUBLIC HEALTH LAW, RELATING TO EXEMPTION FROM VACCINATION
DUE TO RELIGIOUS BELIEFS; AND PROVIDING FOR THE REPEAL OF CERTAIN
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: MR. DINOWITZ, AN
EXPLANATION IS REQUESTED.
LADIES AND GENTLEMEN, WE ARE ON DEBATE. SHH. PLEASE
--
MR. DINOWITZ: THIS BILL WOULD --
ACTING SPEAKER AUBRY: -- SETTLE DOWN.
MR. DINOWITZ: THIS BILL REPEALS SUBDIVISION 9 OF
SECTION 2164 OF THE PUBLIC HEALTH LAW, THE RELIGIOUS EXEMPTION TO
VACCINATION REQUIREMENTS.
ACTING SPEAKER AUBRY: MR. RAIA.
MR. RAIA: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RAIA: THANK YOU, JEFF. I KNOW WE'VE BEEN AT
31
NYS ASSEMBLY JUNE 13, 2019
THIS A WHILE ALREADY, BUT NOW IT'S -- NOW IT'S PRIME TIME, AS THEY SAY.
LET ME --
(ACTING SPEAKER AUBRY BANGING GAVEL.)
ACTING SPEAKER AUBRY: I APPRECIATE ALL THAT IS
GOING ON IN THE CORNER, BUT IT WILL HAVE TO GO ON WITHOUT CONVERSATION.
MR. RAIA: OKAY. SO, WE'RE LOOKING TO ELIMINATE THE
RELIGIOUS EXEMPTION BUT KEEP THE MEDICAL EXEMPTION IN -- IN PLAY,
CORRECT?
MR. DINOWITZ: YES.
MR. RAIA: NOW, UNDER A RELIGIOUS EXEMPTION, DOES
A PARTICULAR SCHOOL HAVE THE ABILITY TO REJECT THAT RELIGIOUS EXEMPTION?
MR. DINOWITZ: I BELIEVE SO, YES.
MR. RAIA: OKAY. UNDER THE CURRENT LAW, DOES A
SCHOOL HAVE THE ABILITY TO REJECT A MEDICAL EXEMPTION?
MR. DINOWITZ: YES.
MR. RAIA: THAT'S ODD. HOW -- WHY WOULD A SCHOOL
HAVE THE ABILITY TO REJECT A DOCTOR'S RULING? WE HAD A BILL HERE LAST
WEEK IN WHICH WE ACTUALLY SAID - DEALING WITH SOCIAL SERVICES - THAT A
PATIENT'S CURRENT DOCTOR SHOULD HAVE THE ABILITY TO OVERRULE A SOCIAL
SERVICES' DOCTOR. SO WHY -- WHY ARE WE ALLOWING SOMEBODY WHO HAS A
LEGITIMATE MEDICAL EXEMPTION NOT TO EXERCISE THAT MEDICAL EXEMPTION?
MR. DINOWITZ: WELL, I -- I WOULDN'T USE THE WORD
"LEGITIMATE" NECESSARILY, ALTHOUGH I'M SURE IN MOST CASES IT IS
LEGITIMATE. BUT THERE MAY BE SPECIFIC REASONS. IT MAY NOT HAVE BEEN
DONE PROPERLY. BUT THERE ARE -- OF COURSE, PEOPLE COULD APPEAL TO A
32
NYS ASSEMBLY JUNE 13, 2019
HIGHER AUTHORITY.
MR. RAIA: WELL, APPARENTLY NOT BECAUSE WE'RE
TAKING THE RELIGIOUS OUT OF THE EXEMPTION. SO, HOW MANY STUDENTS DO
WE HAVE IN -- IN SCHOOLS STATEWIDE?
MR. DINOWITZ: WELL, I KNOW IN NEW YORK CITY
PUBLIC SCHOOLS THERE ARE 1.1 MILLION STUDENTS. AND NEW YORK CITY
REPRESENTS LESS THAN HALF THE POPULATION OF THE STATE, SO I'M GOING TO
HAVE TO GUESS THAT IT'S OVER 2 MILLION STUDENTS.
MR. RAIA: OKAY. SO, USING NEW YORK CITY AS THE
EXAMPLE. I HAVE A FOIL REQUEST, SO THESE ARE REAL NUMBERS FROM NEW
YORK CITY EDUCATION DEPARTMENT. IN 2017-18, THERE WERE A TOTAL OF
642 RELIGIOUS EXEMPTIONS ASKED FOR. OF THAT NUMBER, ONLY 348 WERE
APPROVED, AND 294 WERE DENIED. THAT'S A PRETTY SMALL NUMBER, BUT
WHAT CONCERNS ME, THAT'S THE RELIGIOUS EXEMPTION. WHAT CONCERNS ME
IS THE MEDICAL EXEMPTIONS. YOU HAD -- IN 2017-18 226 REQUESTS FOR A
MEDICAL EXEMPTION. ONLY 130 OF THOSE MEDICAL EXEMPTIONS WERE
APPROVED, AND 96 DENIED. THAT'S TROUBLING. EVEN IF YOU ADDED UP ALL
OF THOSE EXEMPTIONS, THE RELIGIOUS AND THE MEDICAL, I THINK YOU'RE
LOOKING AT ABOUT .006 OF THE ENTIRE SCHOOL POPULATION. THAT CERTAINLY
DOES NOT HAVE AN EFFECT ON -- ON THE HERD IMMUNITY. THAT BEING SAID --
WELL, GO AHEAD. I'LL LET YOU RESPOND TO THAT IF YOU'D LIKE.
MR. DINOWITZ: OKAY. WELL, I -- I THINK THE
NUMBERS DON'T BEAR THAT OUT.
(APPLAUSE)
ACTING SPEAKER AUBRY: EXCUSE ME. WE
33
NYS ASSEMBLY JUNE 13, 2019
WOULD ASK THOSE WHO ARE IN THE GALLERY TO RESPECT THE RULES OF THE
HOUSE, WHICH ASK FOR NO DEMONSTRATION OR CLAPPING WHILE WE ARE IN
DEBATE. WE WOULD HOPE THAT YOU WOULD HONOR THAT, PLEASE. THANK
YOU.
MR. DINOWITZ: THE -- THE ACTUAL NUMBERS DO NOT
AGREE WITH THAT IN THE FOLLOWING SENSE: THE DATA I HAVE FROM THE STATE
DEPARTMENT OF HEALTH INDICATES THAT IN THE SCHOOLS THAT -- IN THE SCHOOL
DISTRICTS THAT HAVE AN IMMUNIZATION RATE TO MMR GREATER THAN 95
PERCENT, THE PERCENTAGE OF STUDENTS WHO HAVE THE RELIGIOUS EXEMPTION
IS .7 PERCENT, WHICH IS A VERY LOW NUMBER. IT'S LESS THAN 1 PERCENT. BUT
AS YOU GO DOWN TO 90 TO 94 PERCENT, 80 TO 89 PERCENT AND SO ON, THE
RATE GOES UP. IN OTHER WORDS, THERE'S AN INVERSE RELATIONSHIP BETWEEN
THE PERCENTAGE OF PEOPLE - KIDS WHO ARE IMMUNIZED AND THE PERCENTAGE
OF PEOPLE WHO HAVE THE RELIGIOUS EXEMPTION. SO, FOR EXAMPLE, THE
RECORDS SHOW THAT IN A SCHOOL WHERE THE IMMUNIZATION RATE -- THE
MMR COVERAGE RATE IS BETWEEN 50 AND 69 PERCENT, THE PERCENTAGE OF
KIDS WITH A RELIGIOUS EXEMPTION IS 22.2 PERCENT. AND WHAT THAT MEANS
IS -- IS PRETTY CLEAR. THE MORE RELIGIOUS EXEMPTIONS, THE LOWER THE
VACCINATION RATE. BUT IT'S NOT LIKE .1 PERCENT. IN SOME SCHOOLS IT'S OVER
20 PERCENT NON-VACC -- 20 PERCENT RELIGIOUS EXEMPTION, AND LESS THAN
70 PERCENT IMMUNIZATION RATE. WAY, WAY BELOW THE AMOUNT AND THE
PERCENTAGE YOU NEED TO HAVE HERD IMMUNITY.
MR. RAIA: WELL, NOT THE CASE ON LONG ISLAND. BUT I
-- I'D LIKE TO SEE THE INDIVIDUAL BREAKDOWN BY SCHOOL ON THAT.
THERE ARE A NUMBER OF INDIVIDUALS THAT ARE GOING TO BE
34
NYS ASSEMBLY JUNE 13, 2019
SPEAKING ON THIS, SO THANK YOU, JEFF.
ON THE RECORD, MR. -- ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RAIA: WE HAVE A PROBLEM OUT THERE. OUT HERE.
YOU HAVE -- THE GENERAL THOUGHT IN THE MEDICAL COMMUNITY IS THERE
SHOULD BE NO EXCEPTIONS ON THIS. UNFORTUNATELY, I'VE SEEN CASE AFTER
CASE AFTER CASE OF LEGITIMATE DOCTORS' FINDINGS THAT ARE OVERRULED BY
ANOTHER DOCTOR. PART OF THE PROBLEM IS MOST DOCTORS OUT THERE DON'T
WANT TO BE IN A POSITION TO BE OVERRULED BY THE HEALTH DEPARTMENT.
THEY DON'T WANT TO BE IN A POSITION TO BE EMBARRASSED BY THEIR
COLLEAGUES. AND THAT'S TROUBLING. IT'S TROUBLING WHEN I -- I TAKE A LOOK
AT A -- A LETTER HERE I HAVE FROM LINDENHURST SCHOOL -- SCHOOL DISTRICT -
WHICH IS ACTUALLY CLOSE TO MY HOME - IN WHICH YOU HAVE AN MD, PLUS A
WHOLE A LOT OF OTHER THINGS AFTER THEIR NAME, THAT SAYS, PLEASE BE
ADVISED THAT THE ABOVE PATIENT HAD A LIFE-THREATENING REACTION AFTER
HAVING AN IMMUN -- THE DTAP IMMUNIZATION AND SUFFERED A SEIZURE.
THEY INCLUDED THE NEUROLOGICAL REPORT, PLUS A WHOLE BUNCH OF OTHER
THINGS. THE RESPONSE FROM THE SCHOOL: DEAR PARENT AND GUARDIAN --
REALLY? THEY COULDN'T EVEN GET THE PERSON'S NAME IN THERE -- WE ARE IN
RECEIPT OF A DETERMINATION BY OUR MEDICAL DIRECTOR -- DR. SOMETHING OR
OTHER -- IN CONSULTATION WITH NEW YORK STATE DEPARTMENT OF HEALTH
DATED SUCH-AND-SUCH REGARDING YOUR REQUEST FOR YOUR CHILD TO RECEIVE
A MEDICAL EXEMPTION FROM THE TDAP VACCINATION REQUIREMENT SET FORTH.
PLEASE BE ADVISED THAT YOUR REQUEST FOR THE EXEMPTION HAS BEEN
DENIED. SO NOW YOU HAVE A SCENARIO WHERE ONE DOCTOR, THE PATIENT'S
35
NYS ASSEMBLY JUNE 13, 2019
DOCTOR, IS NOW BEING OVERRULED BY ANOTHER DOCTOR. WE'RE IN A BODY
THAT ALWAYS HAS PRESCRIBER PREVAILS. THE PATIENT'S DOCTOR ALWAYS WINS.
EXCEPT IN THIS CASE. YOU KNOW, IT WOULD BE ONE THING IF WE WE'RE JUST
TALKING ABOUT RELIGIOUS EXEMPTIONS. WE'RE NOT. WE'RE TALKING ABOUT
THE IMPACT OF MEDICAL EXEMPTIONS HERE. AND THAT IS A PROBLEM,
BECAUSE IT'S A PROBLEM FOR A PARENT, SOME OF WHOM ARE MEMBERS OF THIS
ESTEEMED BODY, WATCH THEIR CHILD HAVE A BAD REACTION AFTER A SHOT AND
JUST DIDN'T WANT TO GET ANYMORE SHOTS. AND NOW THE STATE AND A SCHOOL
SAYS, TOO BAD. SO NOW THAT PATIENT IS FORCED TO BE PUT IN AN UNTENABLE
SITUATION WHERE THEY HAVE TO ROLL THE DICE AGAIN AND SAY, WELL, MY KID
CAN ONLY GO TO SCHOOL IF I GET THE SHOT. I SAW WHAT HAPPENED AFTER THE
LAST SHOT. WHAT DO I DO? I CAN'T IMAGINE BEING A PARENT PUT IN THAT
POSITION WHERE YOU -- THAT NEXT SHOT COULD POTENTIALLY FURTHER DAMAGE
YOUR CHILD OR POTENTIALLY KILL YOUR CHILD, ALL BECAUSE THE GENERAL RULE OF
THOUGHT IS EVERYONE'S GOT TO GET VACCINATED. NO EXCEPTIONS. AND THAT'S
A SCARY PLACE TO BE FOR US. IT'S A SCARY PLACE TO BE FOR A PARENT. A
NUMBER OF PARENTS -- WE HAVE 45 STATES THAT HAVE PHILOSOPHICAL AND
RELIGIOUS EXEMPTIONS. FORTY-FIVE. WHAT WE'RE TELLING THESE PARENTS ARE
MUCH LIKE WE USED TO TELL PARENTS BEFORE WE PASSED MEDICAL
MARIHUANA, IS MOVE TO ANOTHER STATE. WELL, I THINK WE NEED TO ADDRESS
THE PROBLEM. I THINK THERE NEEDS TO BE A STUDY AS TO WHY DOCTOR --
SOME DOCTORS ARE OVERRULING OTHER DOCTORS AS TO THEIR RATIONALE. VERY
SCARY TO TELL A PARENT THAT, YOU KNOW, YOUR DOCTOR SAYS ONE THING AND
THE BIG BROTHER SAYS TOO BAD.
SO I HOPE EACH AND EVERY ONE OF YOU THINK ABOUT THIS.
36
NYS ASSEMBLY JUNE 13, 2019
I CAN TELL YOU, THIS IS THE HARDEST DECISION THAT I AM GOING TO BE MAKING
IN MY 17 YEARS HERE. THIS, AND THE DEATH PENALTY THE FIRST YEAR I WAS
HERE. BECAUSE THIS MATTERS. THIS IS ABOUT CHOICE OF PARENTS, IN MANY
INSTANCES WHO HAVE ALREADY SEEN THEIR CHILD HURT. WHETHER IT WAS THE
SHOT, WHETHER IT WASN'T THE SHOT. BUT, YOU KNOW, THAT'S -- THAT'S OPEN TO
-- TO DEBATE OR NOT OPEN TO DEBATE, HOWEVER YOU WANT TO LOOK AT IT. BUT
I DON'T THINK PARENTS SHOULD BE PUT IN THAT SITUATION. I THINK AT THE VERY
LEAST WE SHOULD BE HOLDING HEARINGS ON THIS. I'D LIKE TO HEAR MORE FROM
THE MEDICAL PROFESSIONALS. I'D ALSO LIKE TO HEAR FROM THE MEDICAL
PROFESSIONALS THAT ARE AFRAID TO SPEAK UP BECAUSE THEY ARE CHASTISED BY
THE OTHERS IN THE MEDICAL PROFESSION.
SO AS I SIT HERE RIGHT NOW, I'M STILL NOT 100 PERCENT
SURE HOW I'M GOING TO VOTE. BUT I GOT TO TELL YOU, WHEN I SEE INJUSTICES
LIKE THAT WHERE ONE DOCTOR IS PITTED AGAINST ANOTHER DOCTOR, IT HELPS
MAKE MY VOTE A LITTLE CLEARER. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MCDONOUGH.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A MOMENT?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: YES.
ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.
MR. MCDONOUGH: THANK YOU, JEFF. I JUST HAVE
ONE QUESTION. REGARDLESS OF WHETHER THIS BILL PASSES OR NOT, WILL THE
37
NYS ASSEMBLY JUNE 13, 2019
SCHOOLS STILL -- WILL SOME SCHOOLS STILL HAVE THE ABILITY TO SAY NO TO YOUR
CHILD IF HE'S NOT VACCINATED?
MR. DINOWITZ: WOULD -- WOULD A SCHOOL HAVE THE
ABILITY TO SAY NO TO YOUR CHILD IF THEY'RE NOT VACCINATED?
MR. MCDONOUGH: IF THE CHILD IS NOT VACCINATED,
WILL SOME SCHOOLS STILL HAVE THE ABILITY, THE PUBLIC SCHOOLS IN NEW
YORK, TO SAY, YOUR CHILD WASN'T VACCINATED, HE CAN'T COME IN.
MR. DINOWITZ: YES.
MR. MCDONOUGH: SO, REGARDLESS, THAT SCHOOL
WILL STILL HAVE THAT -- THAT ABILITY, REGARDLESS OF WHETHER THIS BILL PASSES
OR NOT.
MR. DINOWITZ: A SCHOOL CAN REJECT A CHILD WHO'S
NOT VACCINATED UNLESS THEY HAVE AN EXEMPT -- A -- A PROPER EXEMPTION.
MR. MCDONOUGH: UNLESS THEY HAVE PROPER
EXEMPTIONS, RIGHT?
MR. DINOWITZ: RIGHT.
MR. MCDONOUGH: SO, THAT WOULD BE A RELIGIOUS
EXEMPTION OR A MEDICAL EXEMPTION.
MR. DINOWITZ: YES.
MR. MCDONOUGH: BUT THIS BILL WOULD ELIMINATE
THE RELIGIOUS OR THE, YOU KNOW, THE EXEMPTION?
MR. DINOWITZ: CURRENTLY IN NEW YORK WE HAVE -
LIKE I THINK EVERY STATE - MEDICAL EXEMPTIONS FROM THE VACCINATION
REQUIREMENT. AND WE HAVE -- IN NEW YORK WE CALL IT A RELIGIOUS
EXEMPTION. IN OTHER STATES THEY MAY CALL IT A PERSONAL EXEMPTION OR A
38
NYS ASSEMBLY JUNE 13, 2019
PHILOSOPHICAL EXEMPTION.
MR. MCDONOUGH: RIGHT. RIGHT.
MR. DINOWITZ: WE CALL IT A RELIGIOUS EXEMPTION IN
NEW YORK, BUT DE FACTO IT IS A -- IT IS, IN REALITY, A PHILOSOPHICAL
OBJECTION. BASICALLY, IF PEOPLE SAY, I DON'T WANT MY CHILD VACCINATED,
AND THEY SAY IT'S FOR RELIGIOUS REASONS, THEN THEY MAY BE ELIGIBLE FOR
THIS RELIGIOUS EXEMPTION. AND THAT'S WHAT HAS CONTRIBUTED, IN PART, TO A
VACCINATION RATE WHICH IN SOME AREAS NEED TO BE RAISED SIGNIFICANTLY IN
ORDER TO PROTECT ALL THE CHILDREN.
MR. MCDONOUGH: OKAY. BUT MY POINT IS,
REGARDLESS OF WHETHER THAT FAMILY OR THAT CHILD DOES NOT GET VACCINATED,
THE SCHOOLS IN EITHER CASE, REGARDLESS OF THIS BILL, CAN STILL DENY HIM
COMING IN, RIGHT?
MR. DINOWITZ: SCHOOLS CAN REJECT THE -- A CHILD IF
THE PARENT DOES NOT HAVE THE CHILD VACCINATED WITHOUT AN EXEMPTION.
MR. MCDONOUGH: HAVE THEY BEEN -- HAVE THEY
BEEN DOING THAT IN THE PAST?
MR. DINOWITZ: I -- WELL, THE POLICY MAY VARY FROM
SCHOOL TO SCHOOL, FROM DISTRICT TO DISTRICT. YES, I'M SURE CHILDREN HAVE
BEEN REJECTED OR THE PARENTS HAVE BEEN TOLD, YOU'VE GOT TO GET YOUR
CHILD VACCINATED, AND I -- I WOULD THINK IN MANY -- IN MOST CASES
PROBABLY THE CHILD GETS VACCINATED.
MR. MCDONOUGH: YOU MEAN THEY GET REJECTED
AND THE PARENTS DECIDE, WELL, I WANT HIM TO GET VACCINATED SO HE CAN
GET BACK TO SCHOOL. IS THAT WHAT YOU'RE SAYING?
39
NYS ASSEMBLY JUNE 13, 2019
MR. DINOWITZ: WELL, I -- I THINK -- YOU KNOW, NOT
EVERYBODY, NOT EVERY PARENT HAS ALL THE INFORMATION THEY NEED. I THINK
MOST DO. I THINK MOST PEOPLE UNDERSTAND THAT IN THIS 21ST CENTURY,
VACCINATIONS ARE IMPORTANT. THEY'VE BEEN A MIRACLE. MILLIONS OF LIVES
HAVE BEEN SAVED. WE'VE ERADICATED SMALLPOX. YOU DON'T SEE PEOPLE
WITH POLIO ANYMORE. AND WE THOUGHT THAT MEASLES WAS ELIMINATED, BUT
IT WASN'T ELIMINATED, AS PROVEN BY THE FACT THAT AS VACCINATION RATES MAY
NOT HAVE BEEN AS HIGH AS IT SHOULD BE IN CERTAIN AREAS, WE'VE HAD MORE
MEASLES OUTBREAKS IN THE PAST FEW YEARS THAN WE'VE HAD PRIOR TO THAT.
AND THIS YEAR'S OUTBREAK IN THE UNITED STATES IS THE LARGEST OUTBREAK
SINCE 1992 - 27 YEARS AGO, MORE THAN A QUARTER OF A CENTURY - AND MOST
OF THE THOUSAND-PLUS PEOPLE WHO HAVE GOTTEN THE MEASLES ARE FROM
NEW YORK STATE, AND MOST OF THEM ARE PEOPLE WHO WERE UNVACCINATED.
MR. MCDONOUGH: OKAY. AS AN ASIDE, I JUST GOT
TO REPORT THAT THE CASES -- THE NUMBER OF NEW CASES REPORTED --
MR. DINOWITZ: I'M HAVING A LITTLE TROUBLE BECAUSE
THERE'S NOISE.
MR. MCDONOUGH: I AM, TOO. THE NUMBER OF NEW
CASES REPORTED IN MAY WAS 73 CASES. IN JUNE, FIVE. I JUST THOUGHT YOU
-- YOU MAY BE AWARE OF THAT. I JUST SAW IT TODAY.
MR. DINOWITZ: WELL, IF THAT'S -- IF THAT'S CORRECT,
THAT'S VERY GOOD NEWS.
MR. MCDONOUGH: RIGHT.
MR. DINOWITZ: BUT NONETHELESS, OVER 1,000
PEOPLE HAVE CONTRACTED THE MEASLES, AND WHAT THIS BILL -- IT'S IMPORTANT
40
NYS ASSEMBLY JUNE 13, 2019
NOT JUST FOR THE CURRENT OUTBREAK -- AND I WON'T CALL IT AN EPIDEMIC,
BECAUSE I DON'T KNOW WHAT NUMBER YOU NEED FOR THAT, BUT I'M SURE THIS
ISN'T THAT NUMBER. BUT WE'RE ALSO TALKING ABOUT THE FUTURE. AND SINCE
WE'VE SEEN IN RECENT YEARS THAT MEASLES HAS MADE A COMEBACK, MAINLY
BECAUSE OF PEOPLE WHO REFUSE TO VACCINATE, WE HAVE TO TAKE THE PROPER
PRECAUTIONS TO PROTECT OUR CHILDREN. AND ONE OF THOSE THINGS THAT WE
NEED TO DO IS TO PASS THIS LEGISLATION, ELIMINATE THE NONMEDICAL
EXEMPTIONS.
MR. MCDONOUGH: OKAY. THANK YOU. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. MONTESANO -- MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER.
ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MONTESANO: THANK YOU. YOU KNOW, A -- A
-- A LOT OF US WILL BE SPEAKING ABOUT DIFFERENT SUBJECT MATTERS TODAY IN
CONNECTION WITH THIS, BUT AS THE SPONSOR OF THE BILL WAS JUST
MENTIONING, THE -- THE EFFECT OF THE VACCINE AND WHAT'S GOING ON WITH
THE CHILDREN AND THE PEOPLE THAT HAVE EXPOSED TO IT. YOU KNOW, ONE OF
THESE REASONS THAT THIS HAPPENS IS BECAUSE WITH THE PHARMACEUTICAL
COMPANY, MERCK, THE MANUFACTURER OF THIS PARTICULAR VACCINE AND
SEVERAL OTHERS, IS THEIR COURSE OF CONDUCT. THERE'S A LAWSUIT PENDING IN
THE EASTERN DISTRICT FEDERAL COURT OF PENNSYLVANIA AGAINST MERCK. IT'S
A WHISTLEBLOWER LAWSUIT THAT WAS BROUGHT IN 2010 AND IS STILL ALIVE
41
NYS ASSEMBLY JUNE 13, 2019
TODAY IN THE COURTHOUSE. THE WHISTLEBLOWERS TESTIFIED THAT MERCK
ALTERED THE RESULTS OF THEIR VACCINE TEST TO SHOW THAT IT HAD A 95 PERCENT
EFFECTIVE RATE WHEN, IN FACT, IT WAS MORE LIKE 60 PERCENT. THEY -- THEY
MIXED IT WITH RABBIT BLOOD IN ORDER TO CHANGE THE OUTCOME OF THE
EFFECT. SO WHEN WE TALK ABOUT WHY THE VACCINES MAY NOT BE WORKING,
IT'S ONE OF THE REASONS BECAUSE OF THE CONDUCT OF THE PHARMACEUTICAL
COMPANIES. THIS CASE IS STILL PENDING. THERE'S A LOT TO IT. AND IT'S U.S.
V. MERCK BECAUSE IT'S A FRAUD CLAIM AGAINST THE UNITED STATES
GOVERNMENT BECAUSE THE GOVERNMENT SUBSIDIZES A LOT OF THESE VACCINE
PROGRAMS THROUGHOUT THE UNITED STATES. SO, THIS IS ONE OF THE THINGS TO
CONSIDER, IS THE CONDUCT OF THE PHARMACEUTICAL COMPANIES THAT GENERATE
THESE VACCINES AND PUT THEM THROUGH THE MARKET. NOW, ALSO WHEN THE
VACCINES ARE MADE, THEY ARE NOT SUBJECT TO THE SAME RIGOROUS TESTING
THAT REGULAR PRESCRIPTION DRUGS ARE SUBJECTED TO. SO, THERE IS NO WAY TO
REALLY TEST THEM. AND, IN FACT, IT'S SUCH A SKETCHY SITUATION THAT A
NUMBER OF YEARS AGO, THE UNITED STATES GOVERNMENT CREATED THE
VACCINE COURT, AS THEY REFER TO IT AS, BECAUSE THE PHARMACEUTICAL
COMPANIES WERE GETTING SUED ON MANY OCCASIONS BECAUSE OF THE SIDE
EFFECTS THESE VACCINES WERE HAVING ON CHILDREN. SO, THE THREAT FROM
THEM WAS THEY WEREN'T GOING TO PRODUCE THE VACCINES ANYMORE, SO THE
GOVERNMENT TOOK THE POSSESSION -- POSITION, YOU CONTINUE TO PRODUCE
THESE VACCINES, AND THE US GOVERNMENT WILL INDEMNIFY YOU AND WILL
HEAR THE CLAIMS AND THE CASES. SO, THAT'S ONE OF THE ISSUES.
THE NEXT ISSUE IS LOOKING AT A NEW YORK STATE
DEPARTMENT OF HEALTH SHEET AS TO WHAT THE DATES AND DOSES -- THE AGES
42
NYS ASSEMBLY JUNE 13, 2019
AND DOSES SHOULD BE OF VACCINES TO CHILDREN. OF COURSE, WHEN THEY
START PRE-K ALL THE WAYS [SIC] UP TO HIGH SCHOOL, THEY RECEIVE AN AVERAGE
OF 30 DOSES OF VACCINES DURING THAT PERIOD OF THEIR LIFETIME. AND THERE
ARE A TOTAL OF NINE MANDATORY VACCINES THEY HAVE TO RECEIVE. ALSO, THE
OBJECTIONS TO MANY PEOPLE ON RELIGIOUS GROUNDS IS THE CONTENT OF THE
VACCINE ITSELF. PEOPLE IN THE MUSLIM COMMUNITY COMPLAINED THAT SOME
OF THE CONTENT OF THE VACCINE IS DERIVED FROM PORK, FROM PIG FETAL
TISSUE, AND IT'S A VIOLATION OF THEIR RELIGIOUS BELIEFS TO HAVE THIS PUT INTO
THEIR SYSTEM. MANY CHILDREN HAVE EXPERIENCED EPISODES OF SEIZURES.
THERE'S RARE CASES WHERE SOME CHILDREN HAVE DIED. THERE'S CASES
WHERE THE UNDERLYING MEDICAL CONDITION OF THE CHILD DOESN'T MAKE IT
CONDUCIVE TO HAVING A VACCINE; HOWEVER, THE PARENT APPLIES TO THE
SCHOOL FOR THE MEDICAL EXEMPTION WITH THE NOTE FROM THE PHYSICIAN,
AND THE SCHOOL NURSE IS THE ONE THAT DECIDES IF SHE'S GOING TO OVERRIDE
THE PHYSICIAN. AND THEN IF THERE'S AN APPEAL, IT'S THE STATE EDUCATION
DEPARTMENT THAT DEALS WITH THIS, NOT THE NEW YORK STATE DEPARTMENT
OF HEALTH - ALTHOUGH I UNDERSTAND FROM ONE OF MY COLLEAGUES THAT
THERE'S A BILL THAT HE'S GOING TO BE BRINGING OUT THAT ADDRESSES THAT ISSUE,
AND I'LL BE VERY HAPPY TO CO-SPONSOR THAT BILL. SO WE HAVE PEOPLE THAT
ARE NOT ONLY RELATED IN THE MEDICAL PROFESSION ARE MAKING DECISIONS TO
OVERRIDE A MEDICAL DOCTOR WHEN HE DETERMINES THAT HIS PATIENT SHOULD
NOT HAVE A VACCINATION OR NOT.
NOW, I WAS LOOKING AT A -- A RULING FROM A NEW YORK
CITY SCHOOL REGARDING AN APPLICATION FOR A MEDICAL EXEMPTION, AND IT
WAS GRANTED. AND THE CAVEAT THAT WAS PUT IN THERE - WHICH WAS
43
NYS ASSEMBLY JUNE 13, 2019
ACCEPTABLE TO THE PARENTS AND SEEMS TO BE THEIR STANDARD CAVEAT THAT
THEY PUT IN THAT THE PARENTS ABIDE BY - IS THAT IF YOUR CHILD IS NOT
VACCINATED AND A CASE OF MEASLES BREAKS OUT OR ANOTHER VACCINE-
PROTECTED AILMENT BEGINS, THE CHILD HAS TO BE REMOVED FROM SCHOOL FOR
AT LEAST 18 DAYS UNTIL IT CLEARS UP. AND THAT'S ACCEPTABLE TO THE PARENTS.
THEIR CHILD IS NOT VACCINATED, SOMEONE ELSE IN THE SCHOOL COMES DOWN
WITH MEASLES OR MUMPS OR WHATEVER THE CASE MAY BE, THEN THEIR KID IS
EXCLUDED FOR A PERIOD OF TIME FROM THE SCHOOL AND THE PARENTS LIVE WITH
THAT. BUT WHEN WE LOOK AT THIS TODAY, ONE OF THE THINGS THAT'S VERY
CONCERNING TO ME AND I KNOW TO SOME OF MY OTHER COLLEAGUES, IS THAT
THIS BILL IS TARGETING THE RELIGIOUS EXEMPTION. IT'S AN ATTACK ON PEOPLE'S
FIRST AMENDMENT RIGHT; THEIR RIGHT TO EXPRESS THEIR RELIGIOUS BELIEFS, THE
EXERCISE OF THEIR RELIGIOUS BELIEFS AND FREEDOMS. BECAUSE THERE'S AN
ARGUMENT THERE THAT WELL, THE RELIGIOUS LEADERS OF THE DIFFERENT
DENOMINATIONS OUT THERE - WHETHER IT BE THE CATHOLIC CHURCH, THE
JEWISH FAITH, THE MUSLIM FAITH OR WHATEVER THE CASE IT MAY BE - ARE NOT
EXPLICITLY OUT THERE SAYING IT'S A VIOLATION OF RELIGIOUS TENETS OR WE DON'T
HAVE A -- YOU KNOW, AND MANY OF THEM SAY, WE DON'T HAVE A PROBLEM
WITH IT, IT'S STILL THE INDIVIDUAL PARENT WHO'S RAISING THIS CHILD THAT HAS
THE FUNDAMENTAL RIGHT TO DECIDE WHAT HAPPENS WITH THEIR CHILD IN -- IN
ALL FACETS OF THEIR LIFE. AND MOST IMPORTANTLY, IN THEIR EDUCATION AND IN
THEIR HEALTH CARE. AND IF PEOPLE HAVE HAD ADVERSE EXPERIENCES WITH
VACCINATIONS OR BELIEVE THAT THE CONTENTS OF THAT VACCINE VIOLATES THEIR
RELIGIOUS TENETS, BELIEF OR EXPRESSION, THEY HAVE THE RIGHT TO THAT
PROTECTION. WE ARE JUST TARGETING ONE THING IN A BILL AGAINST PEOPLE'S
44
NYS ASSEMBLY JUNE 13, 2019
RELIGIOUS BELIEFS AND OBSERVANCE, AND I THINK THIS IS A VERY, VERY
DANGEROUS ROAD TO START TRAVELING DOWN.
EVERY BILL THAT I'VE BEEN AT THIS HOUSE FOR NINE YEARS,
WE CONTINUALLY ALWAYS ARGUE ABOUT PEOPLE'S RIGHT TO CHOOSE, ESPECIALLY
WHEN IT COMES TO THEIR HEALTH CARE AND TO THEIR BODIES. THIS IS A PERFECT
EXAMPLE OF PEOPLE CHOOSING WHAT GOES INTO THEIR BODIES. WHAT -- WHAT
MEDICAL PROCEDURE THEY'RE GOING TO SUBJECT THEMSELVES TO. WHAT
MEDICAL TEST THEY'RE GOING TO SUBJECT THEMSELVES TO. EVERYBODY WENT
INTO A PANIC BECAUSE 1,000 CASES OF MEASLES WERE REPORTED IN THE ENTIRE
UNITED STATES. HOW MANY MILLIONS OF PEOPLE MAKE UP THE POPULATION
OF THE UNITED STATES? IN THE STATE OF NEW YORK, I BELIEVE WE HAD A
LITTLE OVER 600 CASES. NEW YORK CITY ALONE HAS A POPULATION OF
ROUGHLY 11 MILLION PEOPLE. SO, TO TURN AROUND AND USE THAT AS AN
EXCUSE TO ATTACK SOMEONE'S RELIGIOUS BELIEFS AND EXEMPTIONS, I THINK IS
A VERY, VERY DANGEROUS PRECEDENT FOR US TO UNDERTAKE IN THIS STATE
LEGISLATURE. WE HAVE TO GIVE PEOPLE CONSIDERATION. EVEN IN THE CASE
-- TO BE HONEST WITH YOU, WHEN IT COMES TO THE MEDICAL EXEMPTIONS, I
DON'T THINK THE DOCTOR -- THE DOCTOR WHO WRITES THE -- THE MEDICAL
OPINION AND NOTE REGARDING THAT CHILD'S EXEMPTION SHOULD EVEN BE
CHALLENGED. HE IS THE ATTENDING PHYSICIAN. HE'S THE ONE WHO KNOWS
THE CHILD'S HISTORY, THE FAMILY'S MEDICAL HISTORY. HE SHOULD NOT BE
SECOND-GUESSED, ESPECIALLY BY SOME BUREAUCRAT.
SO I THINK AS WE MOVE ALONG TODAY AND WE HEAR THE
DIFFERENT ARGUMENTS THAT ARE GOING TO BE MADE REGARDING, YOU KNOW,
THIS ISSUE, WHICH IS A VERY, VERY SERIOUS ISSUE FOR EVERYONE IN THIS STATE,
45
NYS ASSEMBLY JUNE 13, 2019
NO MATTER WHAT SIDE OF THE AISLE YOU'RE ON, IT'S NOT A POLITICAL ISSUE. IT'S
A FUNDAMENTAL ISSUES OF PEOPLE'S RIGHTS TO THEIR RELIGIOUS FREEDOM.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. COLTON.
(PAUSE)
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: YES.
MR. MANKTELOW: THANK YOU, SIR. JUST A COUPLE
OF MINOR QUESTIONS I HAVE FOR YOU. AGAIN, THE -- THE CRITERIA OR THE
REASON FOR THIS BILL IS WHAT?
MR. DINOWITZ: SAY IT AGAIN.
MR. MANKTELOW: YOU CAN'T HEAR ME?
MR. DINOWITZ: NO.
MR. MANKTELOW: JUST -- JUST AGAIN, COULD YOU
REITERATE WHAT THE REASON FOR THIS BILL IS?
MR. DINOWITZ: THE REASON FOR THE BILL IS BOTH AN
OUTGROWTH OF THE CURRENT MEASLES -- MEASLES OUTBREAK, BUT I THINK
BEYOND THAT BECAUSE I INTRODUCED THE BILL BEFORE THIS CURRENT OUTBREAK.
THE FACT THAT MEASLES, WHICH IS A DISEASE WHICH CAN PERMANENTLY INJURE
SOMEBODY OR EVEN KILL THEM -- THANKFULLY, THAT'S NOT HAPPENED DURING
THIS OUTBREAK, BUT WE KNOW THAT MEASLES CAN DAMAGE THE BRAIN, CAN
46
NYS ASSEMBLY JUNE 13, 2019
CAUSE ENCEPHALITIS, CAN CAUSE BLINDNESS, CAN AFFECT YOUR HEARING. THE
RATES OF -- OF -- OF PEOPLE WHO ARE NOT GETTING THE MMR VACCINE,
AMONG OTHER VACCINES, IS DANGEROUSLY HIGH, AFFECTING IN CERTAIN
COMMUNITIES HERD IMMUNITY. SO ONCE CALIFORNIA HAD THIS DISCUSSION
AS A RESULT OF AN OUTBREAK THERE, THEY CHANGED THEIR LAW. AND IT WAS
VERY CONTROVERSIAL THERE, ALSO. THERE WERE A LOT OF ANTI-SCIENCE PEOPLE
IN EVERY STATE. THEY CHANGED THEIR LAW TO ELIMINATE ALL BUT NONMEDICAL
EXEMPTIONS, AND LO AND BEHOLD, THE VACCINATION RATE IN CALIFORNIA WENT
FROM APPROXIMATELY 90 PERCENT TO APPROXIMATELY 95 PERCENT.
MR. MANKTELOW: I'M SORRY, I CAN'T -- I CAN'T HEAR
YOU.
MR. DINOWITZ: THE VACCINATION RATE IN CALIFORNIA,
ONCE THEY ELIMINATED NONMEDICAL EXEMPTIONS, WENT FROM 90 PERCENT,
APPROXIMATELY, TO 95 PERCENT, PROTECTING, OF COURSE, NOT ONLY THE PEOPLE
WHO WERE VACCINATED, BUT ALSO THE YOUNG CHILDREN WHO CAN'T BE
VACCINATED FOR MEDICAL REASONS.
MR. MANKTELOW: OKAY. SO -- SO THE GIST OF THE
BILL IS TO PROTECT OUR YOUNG CHILDREN IN SCHOOLS, MAKING SURE
EVERYBODY'S VACCINATED.
MR. DINOWITZ: IT'S -- THE -- THE PURPOSE OF THE BILL
IS TO PROTECT PEOPLE, BUT PARTICULARLY CHILDREN.
MR. MANKTELOW: OKAY. SO HAS ANY -- ANY
QUESTIONS BEEN BROUGHT TO YOUR ATTENTION ABOUT POSSIBLY THE STAFF
MEMBERS AT THE SCHOOL, THE TEACHERS, THE BUS DRIVERS? ANY -- AND -- HAS
THAT -- HAS THAT EVER BEEN BROUGHT UP?
47
NYS ASSEMBLY JUNE 13, 2019
MR. DINOWITZ: NO ONE HAS BROUGHT THAT UP TO ME.
MR. MANKTELOW: BECAUSE I -- I MADE SOME
PHONE CALLS THIS MORNING BEFORE SESSION, AND I TALKED TO SOME OF THE
LOCAL SCHOOLS BACK HOME. WHETHER YOU'RE A BUS DRIVER, A TEACHER, AN
ASSISTANT, A COACH, A REF, A SCHOOL NURSE OR ANY OTHER POSITION IN THE
SCHOOL, NONE OF THE SCHOOLS THAT I TALKED TO ASKED THAT UPON HIRING THAT
INDIVIDUAL. SO IF WE'RE GOING TO MAKE THIS A RELIGIOUS BELIEF SITUATION
WHERE, I DON'T WANT YOU TO COME TO THE SCHOOL BECAUSE MY RELIGIOUS
BELIEFS, WHAT ARE WE GOING TO DO ABOUT THE OTHER INDIVIDUALS THAT ARE
COMING TO THAT SCHOOL THAT COULD HAVE THE SAME ISSUES?
MR. DINOWITZ: WELL, IT'S SOUNDS LIKE YOU'RE
INSPIRING ME TO DRAFT ADDITIONAL LEGISLATION.
MR. MANKTELOW: OH, ABSOLUTELY NOT. NO.
(LAUGHTER)
SO -- BUT IF WE'RE HERE TO PROTECT THE YOUNG KIDS, WHY
ARE WE NOT DOING THAT?
MR. DINOWITZ: WELL, WE COULD DO THAT.
MR. MANKTELOW: OKAY, SO --
MR. DINOWITZ: BUT THIS BILL -- THIS BILL IS FOCUSED
SIMPLY ON CHANGING THE LAW REQUIRING VACCINATION REQUIREMENTS FOR
CHILDREN WHO GO TO A SCHOOL OR DAYCARE. BUT THAT DOESN'T PRECLUDE US
FROM CONSIDERING OTHER POTENTIAL LEGISLATION IN THE FUTURE.
MR. MANKTELOW: OKAY. SO BACK IN MY
HOMETOWN, IN MY HOME COMMUNITY, WE NOW HAVE A LOT OF THE AMISH
MOVING INTO THE AREA, AND I KNOW A LOT OF THEM DO NOT VACCINATE. BUT
48
NYS ASSEMBLY JUNE 13, 2019
AT THE SAME TIME, THEY HAVE THEIR PRIVATE SCHOOLS, BUT THEY USE PUBLIC
TRANSPORTATION. THEY USE OUR SCHOOL BUSES TO TRANSPORT THEM AROUND.
HOW DO WE HANDLE A SITUATION LIKE THAT?
MR. DINOWITZ: WELL, THIS BILL DOESN'T LIMIT IT -- IT'S
NOT LIMITED TO PUBLIC SCHOOLS IN THE FIRST PLACE. THIS BILL INCLUDES ALL
SCHOOLS.
MR. MANKTELOW: SO -- SO AN AMISH SCHOOL IS
GOING TO HAVE TO COMPLY WITH THIS AS WELL, CORRECT, WITH THE BILL?
MR. DINOWITZ: IF IT'S A SCHOOL, YES.
MR. MANKTELOW: WHO IS GOING TO -- WHO IS
GOING TO FOLLOW UP ON THAT TO MAKE SURE THAT HAPPENS?
MR. DINOWITZ: THE DEPARTMENT OF HEALTH WOULD
BE THE AGENCY THAT WOULD DEAL WITH THINGS RELATING TO HEALTH.
MR. MANKTELOW: DO -- DO THEY HAVE
ACKNOWLEDGEMENT OF ALL THESE SCHOOLS? DO YOU KNOW?
MR. DINOWITZ: I'M SORRY, DO THEY HAVE WHAT?
MR. MANKTELOW: DOES THE DEPARTMENT OF
HEALTH HAVE KNOWLEDGE OF THESE SCHOOLS?
MR. DINOWITZ: KNOWLEDGE OF THE SCHOOLS?
MR. MANKTELOW: YES. DO THEY KNOW THEY
EXIST?
MR. DINOWITZ: I IMAGINE THE DEPARTMENT OF
EDUCATION MUST KNOW THEY EXIST, AND I WOULD HOPE THAT TWO AGENCIES
CAN COMMUNICATE WITH EACH OTHER.
MR. MANKTELOW: OKAY. I THANK YOU FOR YOUR
49
NYS ASSEMBLY JUNE 13, 2019
TIME.
MR. DINOWITZ: YOU'RE WELCOME.
MR. MANKTELOW: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: SO JUST LIKE SOME OF MY OTHER
CONSTITUENTS HAD SAID THIS MORNING, THIS IS ABOUT GOING AFTER THE FIRST
AMENDMENT RIGHTS OF RELIGIOUS BELIEF. AND IF WE'RE GOING TO GO DOWN
THIS BAD, BAD ROAD AS LEGISLATORS, WE'RE REALLY OPENING OURSELVES UP TO A
CAN OF WORMS.
YESTERDAY IN THIS -- YESTERDAY IN THIS -- IN THIS
BUILDING, ON THIS FLOOR, WE GAVE RIGHTS TO UNDOCUMENTED PEOPLE.
UNDOCUMENTED PEOPLE THAT AREN'T EVEN CITIZENS OF THE UNITED STATES.
BUT TODAY WE HAVE CITIZENS OF THE UNITED STATES WHO UNDER THEIR
CONSTITUTIONAL RIGHT HAVE THE OPTION UNDER THE FIRST AMENDMENT TO USE
THEIR -- THEIR RELIGIOUS BELIEFS. I JUST DON'T SEE HOW THAT'S -- HOW THAT'S
PRACTICAL HERE IN NEW YORK STATE. HOW ON ONE HAND WE CAN HONOR AND
LET PEOPLE THAT AREN'T EVEN DOCUMENTED, AREN'T EVEN CITIZENS, HAVE RIGHTS
IN THIS STATE, IN THIS COUNTRY? PEOPLE THAT HAVE BEEN HERE, PAID TAXES
HERE, ARE LEGAL HERE DON'T HAVE THE OPTION TO PROTECT THEIR CHILD --
EXCUSE ME? THAT THEY DON'T HAVE THE OPTION TO PROTECT THEIR CHILD.
WE'RE TAKING THAT RIGHT AWAY FROM THEM. AS -- AS THE ASSEMBLYMAN
JUST SAID -- EXCUSE ME -- JUST SAID, WE GIVE THE RIGHTS ABOUT THE HEALTH
OF THE WOMAN, THE HEALTH OF THE BABY, THE HEALTH OF THIS, THE HEALTH OF
THAT. THESE INDIVIDUALS HAVE A RIGHT TO SAY YES OR NO TO WHAT'S GOING
INTO THEIR CHILD. AND AS SOME OF THE OTHER ONES SAID, I'VE ONLY BEEN
50
NYS ASSEMBLY JUNE 13, 2019
HERE SIX MONTHS, BUT THIS IS PROBABLY THE HARDEST BILL THAT I'VE WENT
OVER, OTHER THAN THE REPRODUCTIVE HEALTH ACT, OVER AND OVER IN MY
HEAD ON WHAT TO DO AND WHAT'S RIGHT AND WHAT'S WRONG.
SO I'M GOING TO ASK THIS FLOOR, THESE COLLEAGUES, TO
REALLY CONSIDER WHAT WE'RE VOTING ON HERE. THIS IS REALLY ABOUT A
PARENT'S RIGHTS TO DECIDE WHAT GOES INTO THEIR CHILD. AND IF IT'S ALL ABOUT
THE SCHOOLS AND KEEPING THOSE KIDS SAFE AT SCHOOLS, THEN YOU'D BETTER
DRAFT A WHOLE -- ANOTHER QUICK BILL, BECAUSE THERE'S A LOT OF PEOPLE
WITHIN THOSE SCHOOLS THAT DON'T HAVE THAT KNOWLEDGE WHETHER THEY'RE
DOCUMENTED OR NOT DOCUMENTED -- I'M SORRY, WHETHER THEY'RE
VACCINATED OR NOT VACCINATED.
SO, IF WE'RE GOING TO DO THE WHOLE THING AND PROTECT
OUR YOUNG PEOPLE, PROTECT THESE KIDS, LET'S MAKE SURE WE DO THE WHOLE
THING. AND THERE'S NO REASON WHY THIS SHOULDN'T HAVE BEEN DRAFTED IN
THAT BILL AS WELL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. PHILLIP STECK.
MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER.
FREEDOM OF RELIGION IS A CORNERSTONE OF AMERICAN LIFE. OUR
CONSTITUTION RECOGNIZED THE HARM THAT RELIGIOUS INTOLERANCE CAUSED IN
OTHER NATIONS, AND ENACTED FREEDOM OF RELIGION AS A FUNDAMENTAL RIGHT.
THE RIGHT TO WORSHIP IN ONE'S OWN HOME, IN A RELIGIOUS INSTITUTION OF
ONE'S CHOOSING, AND TO ENGAGE IN RELIGIOUS EXPRESSION IS CRITICAL. AS A
CIVIL RIGHTS ATTORNEY, HOWEVER, I KNOW THAT THERE IS NO RIGHT IN THE
CONSTITUTION THAT IS ABSOLUTE. ALL RIGHTS MUST GIVE WAY WHEN THERE IS A
51
NYS ASSEMBLY JUNE 13, 2019
COMPELLING GOVERNMENT INTEREST. THE SUPREME COURT HAS HELD, THIS IS
SO WHERE VACCINES ARE INVOLVED. VACCINATIONS HAVE ACHIEVED
UNPARALLELED SUCCESS IN ERADICATING DISEASE. THE SUCCESS OF VACCINE
DEPENDS ON KEEPING THE PERCENTAGE OF THOSE VACCINATED EXTREMELY
HIGH. THOSE WHO HAVE NOT BEEN INOCULATED DO NOT GET THE DISEASE
BECAUSE THERE'S NO ONE TO GET THE DISEASE FROM. I AM CONVINCED THAT
MAINTAINING THE HIGHEST POSSIBLE RATES OF INOCULATION AND PRESERVING
OUR IMMUNITY FROM THESE DISEASES IS A COMPELLING STATE INTEREST THAT
MUST OVERCOME FREEDOM OF RELIGION.
VACCINES CARRY MEDICAL RISK. SOME PEOPLE IN SOCIETY
HAVE MEDICAL CONDITIONS THAT PUT THEM AT GREATER RISK OF HARM FROM A
VACCINE THAN OTHERS. WE CERTAINLY SUPPORT A BILL TO ASSURE THAT ALL
PERSONS WHO QUALIFY FOR AN EXEMPTION UNDER THE PROTOCOLS OF THE
CENTERS FOR DISEASE CONTROL GET THAT EXEMPTION WITHOUT INTERFERENCE
FROM GOVERNMENT OFFICIALS WHO ARE NOT MEDICAL PROFESSIONALS. IN THIS
COUNTRY WE HAVE THE FEDERAL FOOD AND DRUG ADMINISTRATION, THE
CENTERS FOR DISEASE CONTROL AND OTHER BODIES THAT MONITOR VACCINES.
NEW YORK STATE DOES NOT MONITOR THE SCIENCE OF VACCINES. WE DO NOT
SIT HERE IN REVIEW OF THE CDC. I'VE SPENT HOURS DISCUSSING THIS ISSUE
WITH CITIZENS ADVOCATING RETENTION OF THE RELIGIOUS EXEMPTION.
FORMERLY, I WAS A SUPPORTER OF THE RELIGIOUS EXEMPTION. HOWEVER,
FROM THESE DISCUSSIONS IT HAS BECOME ABUNDANTLY CLEAR TO ME THAT AT
LEAST 90 PERCENT OF THOSE ADVOCATING FOR THE RELIGIOUS EXEMPTION ARE
ARGUING AGAINST VACCINES BASED ON THEIR OWN RESEARCH AND OPINIONS THAT
VACCINES ARE HARMFUL. THAT IS NOT A RELIGIOUS CLAIM. THAT IS A CLAIM
52
NYS ASSEMBLY JUNE 13, 2019
THAT THE MEDICAL AND SCIENTIFIC COMMUNITY IS WRONG, EVEN THOUGH, AS I
SAID, VACCINES HAVE CONTRIBUTED TO DRAMATIC IMPROVEMENTS IN PUBLIC
HEALTH IN THE 20TH CENTURY. THE NUMBER OF PERSONS SEEKING THE
RELIGIOUS EXEMPTION HAS PROLIFERATED. SOME DO SEEK THE RELIGIOUS
EXEMPTION BECAUSE THE MEDICAL EXEMPTION IS CUMBERSOME, AND AS I
INDICATED, NEEDS REFORM. BUT THAT IS NOT A GROUND FOR HAVING A
COMPLETELY VAGUE RELIGIOUS EXEMPTION THAT ANYONE CAN USE FOR ANY
REASON AT ALL, WHETHER BASED ON RELIGION OR NOT.
THE MARCH OF DIMES RECENTLY VISITED MY OFFICE AND
ADVOCATED ON BEHALF OF CHILDREN WHO HAVE BEEN GRIEVOUSLY HARMED BY
BEING IN THE PRESENCE OF UNVACCINATED CHILDREN. I AGREE WITH THE
MARCH OF DIMES THAT VACCINATION IS FOR THE GREATER GOOD OF THE PUBLIC.
I WILL BE VOTING TO ELIMINATE THE RELIGIOUS EXEMPTION
AND WILL SUPPORT STRENGTHENING THE MEDICAL EXEMPTION. THERE ARE
TIMES WHEN, QUOTE, "THE NEEDS OF THE MANY OUTWEIGH THE NEEDS OF THE
FEW AND THE ONE." THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. COLTON.
MR. COLTON: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. COLTON: I THINK THE BILL IS VERY
WELL-INTENTIONED AND I COMMEND THE SPONSOR FOR THAT. HOWEVER, I DO
HAVE CONCERNS ABOUT THE CONSTITUTIONAL BASIS FOR THIS BILL. I THINK IT IS
CLEAR THAT THERE IS GUARANTEES FOR FREEDOM TO PRACTICE RELIGION IN OUR
53
NYS ASSEMBLY JUNE 13, 2019
CONSTITUTION, AND I THINK IT IS ALSO CLEAR THOSE GUARANTEES ARE NOT
ABSOLUTE. I THINK THAT WHEN WE DECIDE TO RESTRICT A RELIGIOUS BELIEF, WE
NEED TO, NUMBER ONE, GOVERNMENT WOULD NEED TO SHOW THAT THERE IS A
COMPELLING INTEREST FOR DOING SO. AND FRANKLY, I THINK THAT, YOU KNOW,
HAVING A LAW THAT REQUIRES VACCINES COULD BE A COMPELLING INTEREST.
BUT WE ALSO NEED TO DO IT IN A WAY THAT IS AS NARROW AS POSSIBLE. AND
I'M CONCERNED THAT IN THIS PARTICULAR SITUATION -- THIS BILL, WHICH WAS
PROMPTED BY A NUMBER OF CASES OF MEASLES HAVING BROKEN OUT -- I HAVE
HEARD NO EVIDENCE THAT ANY OF THESE MEASLES WERE RELATED TO SOMEBODY
WHO WAS NOT VACCINATED BECAUSE OF A RELIGIOUS EXEMPTION. AND THAT
TROUBLES ME. I ALSO RECOGNIZE THAT THOSE WHO HAVE BEEN ADVOCATING FOR
THE OPPOSITION TO THIS BILL HAVE VERY OFTEN STATED THINGS THAT ARE NOT
RELATED TO A RELIGIOUS EXEMPTION. CERTAINLY, THERE SHOULD NOT BE AN
EXEMPT -- AN EXEMPTION BECAUSE SOMEBODY BELIEVES THAT THERE'S SCIEN
-- SCIENTIFIC EVIDENCE THAT THEIR CHILD WILL BE HARMED, EVEN THOUGH THEY
DON'T HAVE ANY MEDICAL DOCUMENTATION FOR THAT. BUT STILL, WE NEED TO
SHOW THE GREATEST RESPECT FOR RELIGIOUS EXEMPTIONS. AND I AM
CONCERNED THAT IF WE PASS THIS BILL ELIMINATING ALL RELIGIOUS EXEMPTIONS
IN THE ISSUE OF VACCINATIONS, THAT WE MAY BE WEAKENING THAT IN OTHER
INSTANCES WHERE IT WOULD BE A SERIOUS THREAT TO THE PRACTICE OF RELIGION.
I AM VERY RELUCTANT TO REMOVE EXEMPTIONS FOR RELIGIOUS BELIEFS UNLESS I
AM CLEARLY CONVINCED THAT THERE'S A COMPELLING REASON IN THAT PARTICULAR
INSTANCE, AND UNLESS -- UNLESS THERE IS A NARROW RULING, A NARROW
DEFINITION OF REMOVING THAT EXEMPTION. AND I BELIEVE THIS BILL IS TOO
BROAD, AND I DO BELIEVE THAT IT IS NOT SHOWING THAT THERE IS A
54
NYS ASSEMBLY JUNE 13, 2019
RELATIONSHIP BETWEEN REMOVING THE EXEMPTION AND THE SPREAD OF
MEASLES. AND WITHOUT THAT, I AM VERY RELUCTANT TO VOTE FOR THIS BILL.
I BELIEVE THAT WE MUST PROTECT THE EXERCISE OF RELIGION,
AND WE DO NOT WANT TO SET PRECEDENTS THAT MIGHT BE USED TO WEAKEN
THOSE RELIGIOUS BELIEFS AND THOSE PRACTICES. AND FOR THAT REASON, I
REALLY DO NOT FEEL COMFORTABLE VOTING FOR THE BILL AS IT CURRENTLY IS
WRITTEN. WE MIGHT CONSIDER DEFINING -- DEFINING THE EXEMPTION LISTED
IN THE STATUTE MORE SPECIFICALLY, BUT THE WAY IT IS LISTED RIGHT NOW I AM
NOT COMFORTABLE JUST OVERTURNING IT BASED UPON, YOU KNOW, THE
POSSIBILITY THAT THERE'S A LARGER NUMBER OF MEASLES CASES AND THAT IT MAY
BE RELATED TO THE VERY SMALL PERCENTAGE OF PEOPLE WHO ACTUALLY HAVE A
RELIGIOUS EXEMPTION, WHICH I HAVE HEARD IS AS LITTLE AS 1 PERCENT.
SO AT THIS POINT, I'M REALLY NOT COMFORTABLE VOTING FOR
THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. LET
ME FIRST START BY SAYING -- WELL, LET ME FIRST START BY SAYING ON THE BILL,
SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ZEBROWSKI: LET ME NEXT SAY THAT I'VE MET
WITH PARENTS IN MY DISTRICT OFFICE, UP HERE IN ALBANY, AND LET ME FIRST
STATE THAT, YOU KNOW, I FEEL FOR THEM. I BELIEVE THAT THEY HAVE THEIR OWN
BELIEFS BY WHICH THEY ARE SCARED THAT VACCINES COULD HURT THEIR
CHILDREN. AND AS A FATHER MYSELF, YOU HAVE A LOT OF CONCERNS AND I --
AND I DON'T MINIMIZE THOSE. AND THEY'RE TOUGH DISCUSSIONS, TOUGH
55
NYS ASSEMBLY JUNE 13, 2019
CONVERSATIONS. BUT IT'S TOUGH TO DEBATE WHEN YOU BOTH DON'T START FROM
A SIMILAR BASIS, BECAUSE MY BASIS HAS TO BE AS A LEGISLATOR. THE MEDICAL
CONSENSUS, THE CONSENSUS OF THE MEDICAL COMMUNITY AND THE DOCTORS
BY WHICH I BELIEVE WE ALL IN THIS ROOM HAVE SEEN THE DATA, HEARD THE
DATA, TALKED TO DOCTORS. I MEAN, IT'S EVEN AT A POINT, COLLEAGUES, WHERE
MANY PEDIATRICIANS' OFFICES WON'T EVEN SEE OR TREAT PATIENTS IF THEY ARE
NOT VACCINATED. SO I DON'T THINK WE CAN REALLY HAVE A DEBATE OVER
WHETHER OR NOT THERE'S A MEDICAL CONSENSUS, BECAUSE THERE IS ONE.
I ALSO NEED TO STAND UP BECAUSE I REPRESENT ONE OF THE
COUNTIES THAT HAS THE EPIDEMIC. I LIVE THERE. I'M EXPERIENCING THIS RIGHT
NOW, NOT JUST AS AN ASSEMBLYMEMBER, BUT AS A PARENT. LET ME JUST
GIVE YOU SOME OF THE DATA, BECAUSE I THINK SOME OF MY COLLEAGUES HAVE
TALKED ABOUT AND WILL TALK ABOUT THE LACK OF DATA OR THE LACK OF
EVIDENCE. THE EVIDENCE IS THERE, AND LET ME TALK ABOUT IT.
IN ROCKLAND COUNTY WE'VE HAD 266 CONFIRMED CASES
OF MEASLES. THERE'S BEEN 16 HOSPITALIZATIONS, THREE THAT HAVE REQUIRED
TREATMENT IN THE ICU; TWO IN THE PEDIATRIC ICU AND ONE IN THE NEWBORN
ICU. SINCE THE EPIDEMIC, THE COUNTY HEALTH DEPARTMENT HAS GIVEN
OUT OVER 22,834 VACCINATIONS. THERE IS ABOUT 330,000 PEOPLE IN
ROCKLAND COUNTY. SO WHEN YOU -- WHEN YOU LOOK AT THOSE STATISTICS --
STATISTICS ARE A FUNNY THING, RIGHT? LIKE, YOU CAN TAKE THAT PERCENTAGE
AND BE LIKE, WELL, IT'S NOT THAT MANY PEOPLE. WELL, THAT IS 22,834
PEOPLE THAT WERE NOT VACCINATED THAT ARE WALKING AROUND ROCKLAND
COUNTY, SHOPPING IN OUR STORES, GOING TO OUR DAY CARES, GOING TO OUR
SCHOOLS, THAT IF ONE OF THEM CONTRACTS MEASLES CAN PUT THE REST OF THOSE
56
NYS ASSEMBLY JUNE 13, 2019
22,000 AT RISK. OR -- OR ALL THE CHILDREN THAT ARE TOO YOUNG TO GET
VACCINATED, OF WHICH I HAVE ONE. LUCKILY, SHE JUST TURNED ONE ON
FRIDAY. BUT -- SO SHE WAS ABLE TO GET HER FIRST SHOT. BUT HER FIRST SHOT
WASN'T HER FIRST SHOT, COLLEAGUES. BECAUSE LIVING IN A COUNTY WITH THIS
EPIDEMIC, MY DAUGHTER HAD TO GET A SHOT AT SIX MONTHS. THE NORMAL
CYCLE FOR THE MMR IS ONE YEAR AND FOUR YEARS, BUT I HAD TO BRING HER IN
AT SIX MONTHS, AS HAVE SOME OF MY PEERS. MY CHIEF-OF-STAFF IS SITTING
NEXT TO ME. HE -- HE HAS A YOUNG DAUGHTER, SHE HAD TO GET IT AT SIX
MONTHS. SO AS A YOUNG PARENT, AND AS MANY YOUNG PARENTS AROUND MY
DISTRICT, WE HAD TO GET OUR KIDS OVER- VACCINATED, AT LEAST ACCORDING TO
THE SCHEDULE, BECAUSE OF THIS EPIDEMIC.
NOW, I'M -- I AM HAPPY TO LISTEN TO MY DOCTOR AND DO
WHAT NEEDS TO GET DONE. BUT I DO RESENT NOT FOLLOWING THE NORMAL
SCHEDULE. NOW, I'M NOT A DOCTOR SO I HAVE NOT POURED OVER THE MEDICAL
JOURNALS, AND I TRUST THAT IT IS SAFE. BUT I ASSUME THERE IS A REASON WHY
IT'S ONE YEAR AND FOUR YEARS. BUT I HAD TO GET HER A BOOSTER AT SIX
MONTHS. THE EVIDENCE OF WHETHER OR NOT THE BOOSTER WOULD WORK,
THERE WERE -- IT'S -- IT'S BETTER THAN NOT GETTING IT, RIGHT? AND THEN I'LL
HAVE TO GET THE FOUR-YEAR, I BELIEVE -- I'M NOT THERE YET -- AT 18 MONTHS,
AT A YEAR-AND-A-HALF. SO, NO, I'M NOT PARTICULARLY THRILLED THAT I HAVE TO
GET AN EXTRA SHOT, THAT I HAVE TO MOVE UP THE SCHEDULE. BUT I HAVE TO
DO WHAT I HAVE TO DO.
LET ME ALSO SAY THAT THE COUNTY HEALTH DEPARTMENT
RELEASES AND HAS RELEASED NUMEROUS TIMES EXPOSURE SITES IN ROCKLAND:
HOME DEPOT, COSTCO, BEST BUY. AND YOU KNOW WHAT HAPPENS WHEN I
57
NYS ASSEMBLY JUNE 13, 2019
GET THESE EXPOSURE SITES? WHAT DO YOU THINK I DO? I CALL UP MY WIFE
AND I SAY, WERE YOU IN HOME DEPOT WITH REAGAN? AND SHE SAYS, YES.
AND THEN I SAY, WHAT HOME DEPOT WERE YOU IN? AND SHE SAYS, OH,
THE WEST NYACK HOME DEPOT. AND I SAID, ALL RIGHT, GOOD. BECAUSE
DURING THIS DAY FOR LIKE EIGHT HOURS, SOMETHING LIKE THAT, IF YOU WERE IN
THERE YOU COULD HAVE BEEN EXPOSED. NOT BECAUSE YOU DIDN'T VACCINATE,
BUT BECAUSE I HAVE A DAUGHTER THAT WAS UNDER THE AGE THAT COULD BE
VACCINATED. SO AS WE TRY TO MINIMIZE WHETHER OR NOT THIS COULD BE AN
EPIDEMIC, IS A EPIDEMIC, IS A HEALTH HAZARD, I JUST ASK YOU HOW MANY
BEST BUYS, COSTCOS OR SIMILAR STORES YOU HAVE VISITED. AND I ASK YOU
TO ANALYZE HOW MANY OF THESE HAVE BEEN VISITED BY YOUR CONSTITUENTS
WITH YOUNG CHILDREN OVER THE PAST SEVERAL MONTHS. BECAUSE IF YOU LIVE
IN MY COUNTY, THEY ALL COULD HAVE BEEN EXPOSED TO MEASLES. AND I
BELIEVE THAT IT'S UNDISPUTED THAT IF YOU ARE IN THE SAME ROOM WITH
SOMEBODY THAT HAS MEASLES, THERE'S A 90 PERCENT CHANCE THAT YOU WILL
GET MEASLES.
SOME OF MY COLLEAGUES TALKED ABOUT THE NEED FOR
EVIDENCE, AND I'M SURE WE'LL HEAR THAT. SO, I TALKED ABOUT THE NUMBER
OF CASES, I TALKED ABOUT THE NUMBER OF SHOTS THAT HAVE BEEN GIVEN OUT.
IN ROCKLAND COUNTY, OF THOSE CASES, 77.8 PERCENT HAD ZERO
IMMUNIZATIONS AND ANOTHER 14 WERE UNKNOWN. SO AT LEAST 92 PERCENT
HAD ZERO OR UNKNOWN SHOTS, IMMUNIZATIONS. SO I THINK THAT'S PRETTY --
THAT IS PRETTY CONVINCING EVIDENCE. AND 80 PERCENT OF THOSE THAT HAVE
MEASLES WERE UNDER THE AGE OF 18 AND SHOULD HAVE BEEN VACCINATED
AND WERE OF SCHOOL-AGE. IS THAT -- IS THAT NOT EVIDENCE? THERE ARE SIX
58
NYS ASSEMBLY JUNE 13, 2019
SCHOOLS IN ROCKLAND COUNTY THAT HAVE AN OVER 20 PERCENT RELIGIOUS
EXEMPTION CRITERIA -- OR THEY HAVE -- THEY HAVE OVER 20 PERCENT OF THEIR
STUDENTS THAT HAVE THE RELIGIOUS EXEMPTION. SIX. THERE'S ANOTHER --
THERE'S 12 THAT ARE OVER 10 PERCENT, 17 OVER 8 PERCENT. THOSE ARE
SCHOOLS THAT ARE NOT AT THE LEVEL THAT WOULD PROTECT SOCIETY AND PROTECT
EVERYBODY ELSE AND ACHIEVE WHAT IS BEING -- WHAT IS REFERRED TO AS HERD
IMMUNITY.
SO WE HEARD A BIT OF PEOPLE SAYING IT'S NOT AN
EPIDEMIC, ISN'T AN EPIDEMIC, WHAT'S THE DEFINITION OF A EPIDEMIC. I
THINK IT'S AN EPIDEMIC. BUT I DON'T REALLY CARE BECAUSE OUR JOB IS NOT
JUST TO REACT TO EPIDEMICS. OUR JOB AS LEGISLATORS IS TO PREVENT
EPIDEMICS. SO IF ONE OF THOSE CHILDREN FROM ONE OF THOSE SIX SCHOOLS,
OR A CHILD THAT GOES TO ANY NUMBER OF THE DOZENS OF DOZENS OF DAY CARE
FACILITIES IN ROCKLAND COUNTY WAS IN THAT BEST BUY, WAS IN THAT COSTCO
DURING THE TIME WHEN SOMEONE HAD MEASLES, THE NEXT DAY WHEN THEY
WERE DROPPED OFF AT DAY CARE OR WENT IN TO SCHOOL, YOU WOULD HAVE AN
EXPLOSION. A 90 PERCENT CHANCE THAT PERSON WOULD GET MEASLES, RIGHT,
AND THEN THEY WOULD BRING IT TO THAT -- ONE OF THOSE SCHOOLS THAT HAS
UNDER -- THAT HAS 20 PERCENT OR MORE CHILDREN UNVACCINATED OR INTO A
DAY CARE. THEN YOU HAVE AN EPIDEMIC. WHETHER WE HAVE ONE OR NOT,
YOU WANT TO DEBATE? THEN WHAT WE WILL HAVE AN EPIDEMIC. AND THEN
WHAT -- WHAT -- WHAT WOULD WE DO? WANT TO CALL FOR A SPECIAL SESSION?
THEN WE'LL PASS THE BILL, EVERYBODY HAS THE EVIDENCE THEY WANT NOW?
VACCINES HAVE BEEN ONE OF THE PREEMINENT MEDICAL
ADVANCEMENTS OF MODERN TIMES. I DON'T REALLY THINK THAT THIS CAN BE
59
NYS ASSEMBLY JUNE 13, 2019
ARGUED. IT'S ERADICATED DEADLY DISEASES, ERADICATED DEBILITATING
DISEASES. SOCIETY IS HEALTHIER BECAUSE OF VACCINES. I THINK WE WOULD
ALL RECOGNIZE THAT. GO BACK TO THE POLIO EPIDEMIC. PEOPLE WERE LINING
UP IN ORDER TO GET THEIR VACCINES. AND IN SOME WAYS I BELIEVE WE'RE A
VICTIM OF OUR OWN SUCCESS. BECAUSE YOU DON'T NECESSARILY SEE THESE
OUTBREAKS ALL THE TIME, IT DOESN'T SEEM AS CRITICAL OR AS NECESSARY IN
ORDER TO PROMOTE THE VACCINATIONS AND TO ENSURE THAT EVERYBODY HAS
THEM. BUT WHEN YOU HAVE AN OUTBREAK - AND I'VE HAD AN OUTBREAK - YOU
SEE HOW QUICKLY IT CAN SPIN OUT OF CONTROL AND YOU CAN SEE HOW QUICKLY
PEOPLE START TO ASK THEMSELVES, WHERE CAN I TAKE MY CHILD? WHERE
SHOULD I TAKE MY CHILD? WHAT HAPPENS? BECAUSE YOU KNOW -- I -- I
DON'T THINK I HEARD IT BEFORE, BUT YOU KNOW WHAT THE SYMPTOMS OF -- OF
MEASLES ARE. YOU DON'T BREAK OUT IN THE TYPICAL RASH RIGHT AWAY. IT'S
VERY MUCH LIKE FLU-LIKE SYMPTOMS TO BEGIN WITH. SO IT'S NOT LIKE
SOMEBODY WOULD BE IN THAT BEST BUY OR THAT COSTCO, SEE THE MEASLES
AND AUTOMATICALLY CALL UP THE HEALTH DEPARTMENT. THEY'D PROBABLY
SEND THEIR CHILD TO SCHOOL THE NEXT DAY. SO IN RELATION TO THAT, YOU
KNOW, I THINK WE'RE A VICTIM OF OUR OWN SUCCESS, YOU KNOW, I'VE HEARD
A LOT AS I'VE HAD THE DISCUSSIONS OF PEOPLE SAYING, WELL, WE'RE STILL IN A
LOT OF TIMES LIKE ABOVE THAT 90 PERCENT. YOU KNOW, THERE'S SO FEW
PEOPLE DOING IT. IT'S NOT REALLY THE RELIGIOUS EXEMPTION SO WE REALLY
SHOULDN'T CHANGE THIS BILL. BUT YOU HAVE TO ASK YOURSELF, WHAT IF MORE
PEOPLE THOUGHT THAT WAY? WHAT IF MORE PEOPLE AVAILED THEMSELVES OF
THAT? BECAUSE I BELIEVE THERE'S A MISCONCEPTION. I BELIEVE THERE'S A
MISCONCEPTION THAT PEOPLE THINK THAT THOSE PARENTS THAT ARE GETTING THEIR
60
NYS ASSEMBLY JUNE 13, 2019
KIDS VACCINATED ARE EXCITED TO DO IT, ARE LINING UP, HAPPY TO BRING THEIR
CHILD IN. LET ME -- LET ME DISPEL THAT MISCONCEPTION. IT STINKS. IT'S
TERRIBLE. IT'S -- IT'S THE WORST WHEN YOU BRING YOUR -- YOUR CHILD INTO
THAT DOCTOR'S OFFICE. I JUST DID IT LAST FRIDAY. SHE HAD TO GET A
FINGERPRICK FOR LEAD AND SOMETHING ELSE, AND THEN -- AND THEN THREE
VACCINATIONS. I WOULD BE MORE THAN HAPPY, PROBABLY -- LET ME -- LET ME
REPHRASE THAT. IT WOULD BE EASIER IF I KNEW EVERYBODY ELSE WAS GETTING
VACCINATED AND I COULD DEPEND UPON THEIR VACCINATIONS TO NOT GET MY
CHILD VACCINATED. ONE, BECAUSE AS YOU CAN IMAGINE, SHE SCREAMED AND
YELLED WHEN SHE GOT THAT SHOT, THOSE SHOTS. BUT TWO, IT'S JUST THIS THING.
IT'S JUST THIS THING AS A PARENT. YOU HAVE THIS LITTLE INNOCENT CHILD, AND
PUTTING ANYTHING -- I'M NERVOUS WHEN I, YOU KNOW, WHEN WE GAVE HER
HER FIRST SOLID FOOD. BUT CERTAINLY, ANY SHOT YOU GIVE YOUR CHILD THERE'S
JUST THIS LITTLE THING: YOU ARE THEIR PROTECTOR, AND YOU JUST DON'T WANT TO
DO IT. SO LET ME DISPEL THAT NOTION. BUT IT'S UNFAIR OF ME AS A PARENT TO
JUST RELY ON EVERYBODY ELSE'S IMMUNITY, SO I HAVE TO DO IT. RIGHT? I
HAVE TO LISTEN TO MY PEDIATRICIAN, I HAVE TO DO WHAT IS RIGHT FOR MY
CHILD AND RIGHT FOR SOCIETY.
SO COLLEAGUES, I ASK YOU TODAY, I KNOW IT'S A DIFFICULT
VOTE. I KNOW THERE'S A LOT OF PEOPLE IN THIS BUILDING THAT ARE VERY
PASSIONATE, AND I HONESTLY RESPECT THEIR PASSION. BUT WE HAVE TO
PROTECT PUBLIC HEALTH, COLLEAGUES. WE KNOW WHAT THE MEDICAL
COMMUNITY BELIEVES ABOUT VACCINATIONS. WE KNOW THAT THEY HAVE A
ERADICATED DISEASES. AND I HAVE JUST GIVEN YOU THE EVIDENCE OF A
COUNTY THAT IS GOING THROUGH THAT EPIDEMIC, ABOUT THE NUMBERS AND THE
61
NYS ASSEMBLY JUNE 13, 2019
PERCENTAGES THAT ARE IN CERTAIN SCHOOLS, ABOUT THE NUMBERS AND
PERCENTAGES THAT HAVE GOTTEN MEASLES AND WHICH OF THOSE HAVE NOT
GOTTEN THE VACCINATION. WE HAVE TO TAKE THE RIGHT VOTE. BECAUSE, AS
WE'VE SEEN, WE MAY TURN AROUND IN TWO MONTHS, WE MAY TURN AROUND IN
SIX MONTHS, WE MAY TURN AROUND IN 18 MONTHS AND HAVE TO DO IT
BECAUSE THERE IS A FULL-BLOWN EPIDEMIC. THOUSANDS OF CHILDREN, MAYBE
IN YOUR DISTRICT. LET'S PREVENT THAT BECAUSE THAT'S WHAT WE'RE SUPPOSED
DO.
THANK YOU, MR. SPEAKER -- MADAM SPEAKER.
ACTING SPEAKER REYES: MS. GLICK.
MS. GLICK: THANK YOU, MADAM SPEAKER. I RISE ON
THE BILL TO SAY THAT I BELIEVE IN SCIENCE. I'M OLD ENOUGH TO HAVE BEEN
AROUND WHEN POLIO WAS A REAL THREAT. AND I REMEMBER THE FEAR THAT MY
PARENTS HAD ABOUT US GOING ANYWHERE NEAR A -- A POOL OR GOING TO ANY
PLACE WHERE WE MIGHT BECOME EXPOSED TO POLIO. AND I REMEMBER
EVERYONE LINING UP IN THE SCHOOL CAFETERIA TO GET A VACCINATION WHICH
OUR PARENTS WERE VERY HAPPY ABOUT AND WE WERE VERY HAPPY ABOUT,
BECAUSE IT MEANT THAT AT SOME POINT WE WOULD BE PROTECTED FROM WHAT
WE SAW WAS A VERY DEBILIA -- DEBILITATING DISEASE. IT WASN'T THAT LONG
AFTER WORLD WAR II WHEN WE HAD A PRESIDENT WHO HAD BEEN AFFLICTED AS
A YOUNG MAN WITH POLIO. AND WHILE IT WAS MANAGED SO THAT PEOPLE
DIDN'T KNOW THAT HE WAS MOSTLY IN A WHEELCHAIR, WE WERE AWARE OF THE
FACT THAT POLIO WAS A TERRIBLE DISEASE. WE KNEW ABOUT THE IRON LUNG
THAT MADE IT POSSIBLE FOR SOME PEOPLE TO BREATHE, BUT IT DIDN'T MAKE IT
POSSIBLE FOR THEM TO HAVE A MOBILE LIFE. SO, I BELIEVE IN SCIENCE. AND
62
NYS ASSEMBLY JUNE 13, 2019
WHILE SCIENCE HAS SOMEHOW, DESPITE ALL OF THE ADVANCES IN THE 19TH AND
20TH CENTURY, HERE WE ARE IN THE 21ST CENTURY WHERE PEOPLE FROM THE
PRESIDENT ON DOWN ARE SOMEHOW CALLING INTO QUESTION THE THING THAT
HAS MADE LIFE SO MUCH BETTER FOR SO MANY OF US: SCIENCE. SO, I BELIEVE
IN SCIENCE. I DO NOT BELIEVE IN MOB RULE. I BELIEVE PEOPLE'S PASSIONS.
BUT WHEN THEIR INDIVIDUAL DISBELIEF IN SCIENCE IS LIKELY TO IMPACT OTHER
PEOPLE WHO FOR MANY REASONS MAY NOT BE ABLE TO HAVE A VACCINE,
PEOPLE WHO MAY BE -- AND YOUNGSTERS WHO MAY BE GETTING CANCER
TREATMENT, PEOPLE WITH VARIOUS IMMUNE DEFICIENCIES, PEOPLE WITH HIV.
I THINK IT IS INCREDIBLY DANGEROUS FOR PEOPLE TO SAY, WELL, I'M GOING TO
RELY ON THE "EVERYBODY ELSE GETTING VACCINATED BUT I'M NOT GOING TO
HAVE MY CHILDREN VACCINATED."
THERE IS SOMETHING CALLED THE GREATER GOOD. SEEMS TO
BE OUT OF FASHION THESE DAYS, BUT I STILL BELIEVE IN IT. AND THE GREATER
GOOD IS THAT YOUR PERSONAL OPINIONS, WHICH MAY BE BASED ON JUNK
SCIENCE, DO NOT TRUMP THE GREATER GOOD. AND THAT MEANS SOCIETY. JUST
THIS WEEKEND I WAS LISTENING TO THE RADIO AND I HEARD AN
ANNOUNCEMENT, MUCH AS MY COLLEAGUE MENTIONED, THAT THERE WAS A -- A
STORE IN SPRING VALLEY, AND IF YOU HAD BEEN IN THAT STORE BETWEEN THE
HOURS OF -- AND IT WASN'T DURING A SET PERIOD OF TIME. IT WAS EXPLAINED
THAT MEASLES CAN STAY IN THE AIR BECAUSE IT'S -- IT'S AIRBORNE VIRUS OR
BACTERIA, BUT IT'S AIRBORNE AND IT STAYS IN THE AIR FOR A PERIOD OF HOURS.
SO PEOPLE HAVE TO THINK, WELL, DID I GO TO THAT STORE? IF THEY HAVE -- IF
THEY OR SOMEONE THEY WERE WITH WERE UNABLE TO TAKE A VACCINE. THESE
DISEASES ARE NOT -- YOU KNOW, I -- I HEARD SOME WOMAN TALK ABOUT HOW
63
NYS ASSEMBLY JUNE 13, 2019
ALL OF HER KIDS HAD HAD THE MEASLES AND IT WAS FINE. WELL, I'M VERY
HAPPY THAT NONE OF HER CHILDREN HAD A LONG-LASTING DISABLING CONDITION
AS A RESULT, ALTHOUGH ONE COULD HAVE A DISABLING CONDITION AS A RESULT.
AND WHILE THE FIRST AMENDMENT GIVES PEOPLE RIGHTS TO RELIGIOUS
BELIEFS, MANY OF THE PEOPLE WHO ARE RELYING ON A RELIGIOUS EXEMPTION
HAVE USED THIS NOT BECAUSE OF A DEEPLY-HELD RELIGIOUS BELIEF, BUT A
DEEPLY-HELD PERSONAL BELIEF THAT HAS NOTHING TO DO WITH RELIGION.
I BELIEVE IN MEDICAL EXEMPTIONS. THERE ARE PEOPLE
WHO HAVE ANY RANGE OF MEDICAL CONDITIONS THAT PREVENT THEM OR -- OR
ARE CONTRAINDICATED FOR THEM TO HAVE A VACCINE. BUT WE NEED TO PROTECT
THOSE PEOPLE WHO CANNOT TAKE A VACCINE. AND THERE ARE PEOPLE AROUND
THE WORLD WHO ONLY WISH THEY HAD ACCESS TO A VACCINE BECAUSE THEY
LIVE IN PLACES WHERE THERE'S ALMOST NO HEALTHCARE AVAILABLE TO THEM. SO
I HAVE NO PROBLEM SUPPORTING AN ELIMINATION OF A RELIGIOUS EXEMPTION
WHILE I FAVOR THE MEDICAL SCIENCE DETERMINING IF SOMEBODY SHOULD BE
ELIGIBLE FOR A MEDICAL EXEMPTION. THIS -- NOW, I LIVE IN A VERY
CROWDED CITY. PEOPLE ARE ON THE TRAIN, VERY CLOSE NEXT TO EACH OTHER.
MY NIECE, WHO WAS PREGNANT LAST YEAR, WAS ON THE TRAIN EVERY DAY
GOING TO WORK -- IN FACT, SHE DIDN'T FEEL WELL -- IT WAS A LITTLE BIT EARLY,
BUT SHE DIDN'T FEEL WELL, AND SHE DECIDED TO LEAVE WORK AND SHE TOOK A
3:30 TRAIN AND GAVE BIRTH AT 9:00 THAT NIGHT. SO SHE WAS ON THE TRAIN ALL
THE TIME THROUGHOUT HER PREGNANCY, WORRIED, WORRIED THAT SOMEONE ON
THE TRAIN, ANYONE ON THE TRAIN, COULD FEEL THAT IT WAS OKAY THAT THEY NOT
HAVE PROPER VACCINATIONS, EXPOSING HER AND HER UNBORN CHILD TO A
POTENTIAL ILLNESS THAT COULD BE A LIFELONG DAMAGE. THAT'S WHY THE
64
NYS ASSEMBLY JUNE 13, 2019
MARCH OF DIMES SUPPORTS THIS MEASURE. SO HAVING THOSE EARLY
MEMORIES OF THE IMPORTANCE OF HAVING ACCESS TO A POLIO VACCINE.
HAVING SEEN THE POTENTIAL -- NOT EVERY SCHOOL HAS A 90 PERCENT
VACCINATION RATE, AND BELIEVING BOTH IN SCIENCE AND IN DOING THINGS FOR
THE GREATER GOOD, I APPLAUD THE SPONSOR WHO HAS TAKEN AN INCREDIBLE
AMOUNT OF UNJUSTIFIED ABUSE, ABUSE FOR BELIEVING IN THE GREATER GOOD
AND THE PUBLIC AND THE NEED FOR PUBLIC HEALTH.
NOW, WE USED TO HAVE PUBLIC HEALTH CLINICS. THEY'RE
VERY FEW AND FAR BETWEEN, BUT I REMEMBER WHEN THEY EXISTED. AND IT
WAS APPROPRIATE, APPROPRIATE FOR THIS MEASURE TO COME FORTH.
AND DESPITE THE DISPLAY OF DISRESPECT THAT THE SPONSOR
FACED DURING THE HEALTH COMMITTEE MEETING, I BELIEVE ALL OF US HAVE A
RESPONSIBILITY, A RESPONSIBILITY TO THE GREATER GOOD. TO PUBLIC HEALTH.
AND THAT IS WHY PEOPLE SHOULD BE PROUD TO SUPPORT, AS I AM, IN SUPPORT
OF THIS MEASURE.
ACTING SPEAKER REYES: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. -- THANK YOU,
MADAM SPEAKER. WILL THE SPONSOR YIELD?
ACTING SPEAKER REYES: WILL THE SPONSOR
YIELD?
MR. DINOWITZ: YES.
ACTING SPEAKER REYES: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. DINOWITZ. SO, IF --
THIS BILL DOESN'T PREVENT SOMEBODY WHO HAS A RELIGIOUS EXEMPTION OR A
RELIGIOUS BELIEF FROM REFUSING TO VACCINATE THEIR CHILD, CORRECT? I MEAN,
65
NYS ASSEMBLY JUNE 13, 2019
THIS BILL DOESN'T SAY YOU MUST OR WE'LL ARREST YOU OR FINE YOU. IT JUST
BANS THAT CHILD FROM --
MR. DINOWITZ: HOLD ON, HOLD ON. SOMEBODY'S
YELLING. I CAN'T QUITE HEAR.
MR. GOODELL: IT'S SOMEONE WHO NEEDS A
VACCINATION TO PROTECT THEM FROM OUR LEGISLATIVE DEBATE, I THINK.
(LAUGHTER)
MR. DINOWITZ: WELL, YOU CAN SOLVE THAT PROBLEM
VERY QUICKLY.
MR. GOODELL: THIS BILL BANS THE INDIVIDUAL WHO
DOESN'T HAVE A VACCINE FROM GOING TO PUBLIC, PRIVATE, PAROCHIAL
SCHOOLS, DAY CARES, CORRECT? IT DOESN'T REQUIRE THEY ACTUALLY HAVE TO
HAVE THE VACCINATION?
MR. DINOWITZ: NO. NO ONE WOULD BE OR COULD BE
FORCED TO VACCINATE. SOME PEOPLE HAVE SAID THAT, BUT THAT'S JUST NOT THE
CASE.
(APPLAUSE)
ACTING SPEAKER REYES: QUIET. WE ARE -- WE
REMIND THE GALLERY TO PLEASE, NO CLAPPING.
MR. DINOWITZ: THEY SIMPLY CAN'T SEND THEIR CHILD
TO ONE OF THE SCHOOLS YOU JUST MENTIONED.
SERGEANT-AT-ARMS: (ADDRESSING GALLERY) AND
I WILL MAKE YOU LEAVE IF YOU DO IT AGAIN.
MR. GOODELL: I -- I DON'T THINK HE'S TALKING -- I
DON'T THINK HE'S TALKING TO THE TWO OF US. SO THEN WHAT HAPPENS IF A
66
NYS ASSEMBLY JUNE 13, 2019
CHILD IS NOT VACCINATED? HOW DO WE EDUCATE THEM, BECAUSE OBVIOUSLY,
WE WANT EDUCATED NEW YORKERS. HOW, THEN, ARE THEY EDUCATED?
MR. DINOWITZ: WELL, I -- I IMAGINE THAT WILL BE UP
TO THEIR PARENTS OR GUARDIAN AS TO WHAT CHOICES THEY HAVE AND WHAT THEY
WOULD CHOOSE.
MR. GOODELL: DOES THE STATE THEN PAY FOR PRIVATE
TUTORING, FOR EXAMPLE?
MR. DINOWITZ: NOT THAT I'M AWARE OF.
MR. GOODELL: DOES THE STATE PAY FOR THEM TO
HOME SCHOOL?
MR. DINOWITZ: I DON'T BELIEVE SO.
MR. GOODELL: SO, WE JUST THROW THEM OUT OF
SCHOOL.
MR. DINOWITZ: WELL, I -- I DON'T KNOW IF I WOULD
WANT TO LOOK AT IT THAT WAY. I WOULD LOOK AT IT MORE LIKE THIS: WE HAVE
PEOPLE, CHILDREN WHO CANNOT BE VACCINATED AND THEY HAVE A RIGHT TO BE
PROTECTED FROM BEING EXPOSED TO DISEASES WHICH COULD KILL THEM.
THERE ARE PEOPLE WITH COMPROMISED IMMUNE SYSTEMS, PEOPLE WITH --
AND I'M TALKING ABOUT CHILDREN NOW -- PEOPLE WHO ARE RECEIVING
CHEMOTHERAPY, FOR EXAMPLE, OR AS WAS MENTIONED EARLIER, LITTLE BABIES
WHO SHOULDN'T BE VACCINATED BUT IN SOME CASES WERE FORCED TO
VACCINATE BECAUSE THE PEOPLE WHO REFUSE TO VACCINATE THEIR CHILDREN,
WHOSE CHILDREN COULD HAVE BEEN VACCINATED.
MR. GOODELL: BUT GETTING BACK TO THE QUESTION OF
EDUCATION. THE BOTTOM LINE IS IF THIS GOES THROUGH AND YOU HAD A
67
NYS ASSEMBLY JUNE 13, 2019
SINCERE RELIGIOUS OPPOSITION TO VACCINATION AND YOU'RE NOT WILLING TO
VIOLATE YOUR RELIGIOUS TENETS, THEN WE BAN THOSE CHILDREN FROM PUBLIC,
PRIVATE, PAROCHIAL SCHOOLS AND DAY CARES, CORRECT?
MR. DINOWITZ: WELL -- WELL, MR. GOODELL, I'M NOT
GOING TO QUESTION PEOPLE'S RELIGIOUS BELIEFS. BUT I WILL SAY THAT I'M NOT
AWARE OF ANYTHING IN THE TORA, THE BIBLE, THE KORAN OR ANYTHING ELSE
THAT WOULD SUGGEST THAT YOU SHOULD NOT GET VACCINATED. BUT PEOPLE ARE
ENTITLED TO BELIEVE WHAT THEY WANT TO BELIEVE. CALL IT RELIGIOUS BELIEFS IF
THAT'S WHAT THEY WANT TO CALL IT. BUT IF YOU CHOOSE TO NOT VACCINATE YOUR
CHILD, THEREBY POTENTIALLY ENDANGERING OTHER CHILDREN BECAUSE YOU'VE
MADE THAT CHOICE EVEN THOUGH YOUR CHILD WILL BE PROTECTED BECAUSE
OTHER PEOPLE DO VACCINATE, CREATING THE HERD IMMUNITY THAT WE NEED, IF
YOU MAKE THAT CHOICE THAT YOU'RE THE ONE WHO'S CHOOSING NOT TO SEND
YOUR KID TO SCHOOL. NOT OTHER PEOPLE, AND NOT THE STATE.
MR. GOODELL: I SEE. OKAY. AND YOU HAD
MENTIONED THAT THE NUMBER OF RELIGIOUS EXEMPTIONS ARE ABOUT 0.7
PERCENT?
MR. DINOWITZ: I DON'T BELIEVE THAT IS EXACTLY WHAT
I SAID.
MR. GOODELL: WELL, WHAT NUMBER -- SO,
STATEWIDE, OF THOSE WHO ARE OF SCHOOL --
MR. DINOWITZ: WHAT I SAID WAS THAT THERE WAS AN
INVERSE RELATIONSHIP BETWEEN THE PERCENTAGE OF PEOPLE -- OF KIDS IN A
SCHOOL THAT ARE VACCINATED TO THE NUMBER OF RELIGIOUS EXEMPTIONS,
WHICH I THINK IS PRETTY OBVIOUS TO ANYBODY. SO WE DO HAVE SCHOOLS IN
68
NYS ASSEMBLY JUNE 13, 2019
THE STATE WHERE THE COVERAGE FOR MMR VACCINE IS ACTUALLY LESS THAN 50
PERCENT. AND THAT'S IN SCHOOLS WHERE OVER 72 PERCENT OF THE KIDS AREN'T
VACCINATED. I'M SURE THOSE SCHOOLS ARE VERY FEW IN NUMBER. BUT THE --
THE NUMBERS GO FROM A VERY HIGH GREATER THAN 95 PERCENT, AND IN THE
SCHOOLS WHERE THE RATE IS GREATER THAN 95 PERCENT, THE PERCENTAGE OF
STUDENTS ENROLLED WITH A RELIGIOUS EXEMPTION IS LESS THAN 1 PERCENT.
BUT THAT'S ONLY IN THE CASE OF THE SCHOOLS WITH THE VERY HIGH
VACCINATION RATES. BUT AS YOU GO DOWN TO LOWER AND LOWER RATES, THERE
ARE A GREATER NUMBER OF STUDENTS WHO -- WHO CLAIM THE RELIGIOUS
EXEMPTION, BUT I THINK THAT'S PRETTY OBVIOUS THAT WOULD HAVE TO BE THE
CASE. SO IT VARIES.
MR. GOODELL: NOW, YOU KNOW THE NEW YORK
STATE DEPARTMENT OF HEALTH MAINTAINS STATISTICS ON THE NUMBER OF
CHILDREN THAT ARE VACCINATED, THE NUMBER OF CHILDREN THAT ARE NOT
VACCINATED, THE NUMBER OF CHILDREN THAT CLAIM A MEDICAL EXEMPTION AND
THE NUMBER OF CHILDREN THAT CLAIM A RELIGIOUS EXEMPTION. AND THAT
DATA, WHICH WAS MAINTAINED THROUGH 2018, IS NOT ONLY STATEWIDE OR THE
CITY OR THE STATE, OUTSIDE THE CITY, BUT IT'S ACTUALLY BROKEN DOWN TO
INDIVIDUAL SCHOOLS. BASED ON -- ARE YOU FAMILIAR WITH THAT DATA?
MR. DINOWITZ: I HAVE SOME DATA BEFORE ME. I
DON'T HAVE THE SCHOOL-BY-SCHOOL DATA.
MR. GOODELL: AND SO BASED ON THAT DATA, AM I
CORRECT, THEN, THAT STATEWIDE, OF ALL THE STUDENTS THAT ARE ENROLLED IN
NEW YORK STATE IN 2017-18 SCHOOL YEAR, 0.8 PERCENT OF THOSE STUDENTS
CLAIMED A RELIGIOUS EXEMPTION FROM VACCINATION?
69
NYS ASSEMBLY JUNE 13, 2019
MR. DINOWITZ: I DON'T BELIEVE THAT NUMBER IS
CORRECT AT ALL.
MR. GOODELL: SO YOU THINK THEIR DATA IS
INCORRECT?
MR. DINOWITZ: I WOULD THINK THAT THE NUMBER OF
STUDENTS WHO'VE CLAIMED THE RELIGIOUS EXEMPTION IS HIGHER. I'M
LOOKING AT THE DATA FROM THE NEW YORK -- FROM THE NEW YORK STATE
DEPARTMENT OF HEALTH, AND THE RATE OF -- THE PERCENTAGE OF STUDENTS
ENROLLED WHO HAVE A RELIGIOUS EXEMPTION IS GREATER THAN THAT NUMBER.
I'M NOT SAYING IT'S --
MR. GOODELL: WELL, I MEAN, YOU SAID --
MR. DINOWITZ: -- (INAUDIBLE) BUT I THINK IT'S
GREATER THAN THE NUMBER YOU JUST SUGGESTED.
MR. GOODELL: WELL, YOU SAID IT WAS LESS THAN 1
PERCENT STATEWIDE. I THOUGHT THAT WAS THE NUMBER YOU --
MR. DINOWITZ: I DIDN'T SAY IT WAS LESS THAN 1
PERCENT, YOU DID.
MR. GOODELL: OKAY. AND AM I CORRECT THAT THE
MEDICAL EXEMPTION STATEWIDE IS 0.14 PERCENT?
MR. DINOWITZ: LET ME CHECK. I DON'T -- I DON'T
HAVE THE NUMBER OF MEDICAL EXEMPTIONS BEFORE ME, BUT I WILL SAY THAT
MY UNDERSTANDING IS THAT THE NUMBER OF MEDICAL EXEMPTIONS ARE MANY,
MANY FEWER THAN THE NUMBER OF RELIGIOUS EXEMPTIONS. AND IF YOU GIVE
ME A SECOND... I THINK THE NUMBER OF MEDICAL EXEMPTIONS IS
APPROXIMATELY ONE-FIFTH THAT OF RELIGIOUS EXEMPTIONS. MAYBE EVEN LESS
70
NYS ASSEMBLY JUNE 13, 2019
THAN THAT.
MR. GOODELL: THAT -- THAT WOULD BE CONSISTENT
WITH THAT NUMBER. NOW, YOU MENTIONED THE HERD IMMUNITY. IS THAT
TYPICALLY 90 TO 95 PERCENT?
MR. DINOWITZ: NO, THAT'S TYPICALLY 95-97 PERCENT.
MR. GOODELL: AND THEN DOES IT VARY, THEN, BY
DISEASE?
MR. DINOWITZ: I BELIEVE HERD IMMUNITY, WE'RE
TALKING ABOUT VARIOUS DISEASES.
MR. GOODELL: OKAY. THANK YOU. I APPRECIATE
YOUR COMMENTS AND INSIGHTS.
ON THE BILL, SIR.
MR. DINOWITZ: YOU'RE VERY WELCOME.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. YOU
MAY NOTICE THAT I -- I WEAR A -- A DIFFERENT PIN THAN MANY OF US. IT'S A
ROTARY PIN. AND I'VE BEEN A MEMBER OF ROTARY INTERNATIONAL FOR NEARLY
20 YEARS. AND THE FOCUS OF ROTARY INTERNATIONAL, THEIR TOP PRIORITY
WORLDWIDE, WAS THE ERADICATION OF POLIO WITH VACCINATIONS. AND I FELT
SO STRONGLY ABOUT THAT MISSION AND THE VALUE OF THAT MISSION, THAT MY
WIFE AND I HAVE DONATED LITERALLY THOUSANDS AND THOUSANDS OF DOLLARS TO
ASSIST IN MAKING VACCINATIONS AVAILABLE WORLDWIDE TO ADDRESS POLIO.
AND SOME OF US WHO ARE A LITTLE BIT OLDER MAY EVEN HAVE FRIENDS WHO
SUFFERED FROM POLIO. AND SO I'M NOT HERE TODAY TO ARGUE AGAINST THE
71
NYS ASSEMBLY JUNE 13, 2019
EFFICACY OR THE VALUE OF VACCINES. I NOT ONLY SUPPORT IT VERBALLY, WE'VE
SUPPORTED IT BY OPENING UP OUR OWN WALLET AND HELPING IN FUNDRAISING
EFFORTS AND OTHERS. NOW, I AM AT THE SAME TIME MINDFUL THAT OUR
COUNTRY WAS FOUNDED BY MANY PEOPLE WHO CAME HERE SPECIFICALLY FOR
RELIGIOUS FREEDOM. AND THERE IS NO DOUBT THAT I DON'T SHARE THE SAME
RELIGION AS EVERYONE ELSE. AND -- AND THAT'S THE GREAT STRENGTH OF THE
UNITED STATES, IS WE HAVE A LOT OF DIVERSITY. WE HAVE A LOT OF RELIGIOUS
DIVERSITY. SO ALTHOUGH MY WIFE IS VEGETARIAN, AND SO SHE IS ALWAYS
EATING KOSHER, OR SOMETHING CLOSE TO IT - I KNOW THERE'S A SPECIAL
PROCEDURE - BUT I ENJOY PORK. I DON'T INVITE MY JEWISH FRIENDS OVER FOR
FOR BACON AND EGGS, BUT I ENJOY PORK. I ENJOY BEEF, BUT I DON'T SERVE IT
TO MY HINDU FRIENDS. MY WIFE MAKES SURE I WORK HARD ON SATURDAY.
BUT I RECOGNIZE MY JEWISH FRIENDS CONSIDER THAT TO BE A SABBATH. FOR
ME, I GO TO CHURCH ON SUNDAY. I RECOGNIZE THAT BLOOD TRANSFUSIONS
HAVE SAVED COUNTLESS LIVES, BUT I ALSO RECOGNIZE THAT MY JEHOVAH
WITNESSES IN MY COMMUNITY ARE NOT WILLING TO TAKE A BLOOD TRANSFUSION
EVEN IF IT WOULD SAVE THEIR LIFE. SO, WE'RE CALLED UPON TO BALANCE THESE
ISSUES. THERE IS NO DOUBT THAT VACCINATIONS HAVE SAVED A LOT OF PEOPLE
A LOT OF PROBLEMS, AND PROBABLY HAVE SAVED HUNDREDS IF NOT HUNDREDS
OF THOUSANDS OF LIVES. BUT DOES THAT MEAN THAT WHEN IT COMES TO
RELIGION WE ONLY HONOR THE RELIGIOUS BELIEFS THAT WE AGREE WITH? THAT'S
A SCARY CONCEPT, ISN'T IT? SO HOW DO WE BALANCE THIS? ACCORDING TO
NEW YORK STATE HEALTH DEPARTMENT DATA, LESS THAN 1 PERCENT OF THE
STUDENTS IN OUR SCHOOLS STATEWIDE HAVE CLAIMED A RELIGIOUS EXEMPTION.
IT'S 0.8 PERCENT. NEW YORK CITY, BY THE WAY, IS 0.43 PERCENT, ABOUT
72
NYS ASSEMBLY JUNE 13, 2019
HALF THE STATEWIDE AVERAGE. AS MY COLLEAGUE POINTED OUT, THE CDC
AND THE HEALTH DEPARTMENT BOTH TELL US THAT IF YOU HAVE HERD IMMUNITY
-- YOU GET HERD IMMUNITY IF 95 TO 97 PERCENT OF THE PEOPLE ARE
VACCINATED. SO, WITH A VERY FEW EXCEPTIONS - AND THEY'VE BEEN
MENTIONED - WHERE YOU HAVE A PARTICULAR POCKET OR A PARTICULAR SCHOOL
THAT HAS A HIGH LEVEL OF UNVACCINATED STUDENTS, WITH THOSE EXCEPTIONS,
THE NUMBER OF PEOPLE THAT ARE TAKING A RELIGIOUS EXEMPTION STATEWIDE
WOULD NOT AFFECT THAT HERD IMMUNITY. THE PROBLEM WE'RE HAVING IS THAT
STATEWIDE, IT'S THE OTHER 3 OR 4 PERCENT WHO DON'T HAVE A MEDICAL
EXEMPTION OR A RELIGIOUS EXEMPTION, WHO JUST SIMPLY DON'T WANT TO DO
IT. OR HAVEN'T GOTTEN AROUND TO DO IT OR WHATEVER. THEY HAVEN'T TAKEN
ADVANTAGE OF THE VACCINATION. THAT'S WHERE OUR PROBLEM IS. SO, WHEN
WE'RE BALANCING FUNDAMENTAL RIGHTS LIKE RELIGIOUS FREEDOM WITH AN
IMPORTANT STATE INTEREST, WHICH IS MAINTAINING THE HEALTH OF OUR
POPULATION, THE SUPREME COURT HAS SUGGESTED THAT THE LEGISLATION
SHOULD BE NARROWLY CRAFTED TO ACHIEVE ITS PURPOSE. A POINT MADE BY
ONE OF MY COLLEAGUES. AND SO I WOULD SUGGEST THAT RATHER THAN
ELIMINATE EVERYONE'S SINCERELY-HELD RELIGIOUS EXEMPTIONS STATEWIDE,
REGARDLESS OF WHETHER IT IS HAS ANY PUBLIC HEALTH RAMIFICATIONS IN
CERTAIN COMMUNITIES, THAT WE INSTEAD FOCUS OUR EFFORTS ON THOSE SMALLER
AREAS WHERE YOU HAVE A CRITICAL MASS OF PEOPLE THAT AREN'T GETTING
VACCINATIONS. AND AS I AM DEEPLY APPRECIATIVE OF MY COLLEAGUES'
COMMENTS THAT THOSE WHO AREN'T VACCINATED PRESENT A RISK TO OTHERS, I'M
ALSO MINDFUL THAT STATEWIDE OVER 90 PERCENT OF THE KIDS ARE VACCINATED.
WHICH MEANS STATEWIDE, OVER 90 PERCENT OF THE KIDS DON'T NEED TO
73
NYS ASSEMBLY JUNE 13, 2019
WORRY ABOUT GETTING THE MEASLES FROM A CLASSMATE BECAUSE THEY'RE
ALREADY VACCINATED. SO FOR ME, BALANCING THOSE TWO OBJECTIVES, I WILL
CONTINUE TO GIVE MY PERSONAL CASH TO THE ROTARY CLUB AND OTHERS TO
MAKE SURE VACCINES ARE WIDELY AVAILABLE TO THOSE WHO WISH TO TAKE
THEM. AT THE SAME TIME, I WILL OPPOSE A STATEWIDE BAN ON RELIGIOUS
EXEMPTIONS, RECOGNIZING THAT IN THE VAST MAJORITY OF OUR STATE THOSE
RELIGIOUS EXEMPTIONS DO NOT AFFECT THE HERD IMMUNITY LEVELS AND ONLY
INTERFERE WITH A PERSON'S GENUINELY-HELD RELIGIOUS BELIEF, WHETHER OR
NOT THAT RELIGIOUS BELIEF IS SHARED BY MYSELF.
THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. JAFFEE.
MS. JAFFEE: THANK YOU, MR. SPEAKER. I WANTED TO
JUST TALK ABOUT THIS VERY IMPORTANT ISSUE AND THE CONCERN THAT -- THAT I
HAVE. AS A FORMER EDUCATOR, A MOM, A GRANDMOTHER, I KNOW HOW
ESSENTIAL IT IS FOR US TO CARE ABOUT OUR CHILDREN, OUR YOUTH, THEIR HEALTH
AND THEIR FUTURE. AND THIS IS ABSOLUTELY ESSENTIAL. THE MEASLES --
MEASLES IS A VERY SERIOUS DISEASE THAT USED TO BE SO COMMON IN THE
UNITED STATES. ALL TOO OFTEN OUR YOUTH GOT THE MEASLES AND SUFFERED.
IT'S CAUSED BY A VIRUS IN THE AIR, AND IT'S REALLY QUITE DANGEROUS. IT IS
ONE OF THE MOST CONTAGIOUS DISEASES. FEVER AND RASH, COUGH, RUNNY
NOSE, EAR INFECTIONS. INFLAMMATION IN THE BRAIN THAT SPREADS.
PNEUMONIA. WHY WOULD WE WANT TO ALLOW OUR CHILDREN TO HAVE THAT
RISK AND TO BECOME SO ILL THAT COULD IMPACT THEM AS THEY MOVE
FORWARD? LOSE THEIR HEARING, PERHAPS NOT BE ABLE TO REALLY THINK AND
74
NYS ASSEMBLY JUNE 13, 2019
WORK AS THEY USED TO. IT'S VERY DANGEROUS. AND THERE ARE SO MANY OF
CHILDREN WHO SUFFERED THIS FOR YEARS AND YEARS UNTIL WE HAD THE
VACCINATIONS THAT WERE -- BECAME AVAILABLE. YOU LOOK BACK IN HISTORY,
MY FAMILY WAS IMPACTED NEGATIVELY. MY GRANDMOTHER LOST HER HEARING.
SHE LIKE BECAME DEAF WHEN SHE AFTER -- SHE WAS A LITTLE GIRL AND SHE -
AND SHE GOT THE MEASLES. OVER AND OVER AGAIN, YOU HEAR THESE STORIES.
WE HAVE TO REMEMBER THEM AND WE HAVE TO REALIZE THE TRUTH AND THE
INFECTIONS THAT OCCUR FOR SO MANY OF THE CHILDREN. SOME OF THEM ARE
FORTUNATE, SOME -- SOME JUST -- THEY BECOME ILL FOR A LITTLE WHILE AND
THEY MOVE ON. BUT TOO MANY BECOME VERY, VERY ILL AND REALLY ARE
IMPACTED AND THEIR FUTURE IS IMPACTED BY THE MEASLES. AND THEN WE GOT
THE VACCINATIONS THAT BECAME AVAILABLE TO BE ABLE TO PROTECT OUR
CHILDREN. THAT'S WHAT IS SO ESSENTIAL. THE VACCINATIONS: I KNOW THE
STORIES, I'VE HEARD THEM OVER AND OVER AGAIN. VACCINATIONS, THE
SCIENTISTS IN THE UNITED STATES AND OTHER COUNTRIES HAVE CAREFULLY
STUDIED ABOUT THE VACCINATIONS AND THEY HAVE NOT FOUND ANY LINK
BETWEEN AUTISM AND THE VACCINATION. IT IS NOT THE TRUTH, AND WE HAVE TO
PUSH THAT ASIDE BECAUSE IT IS NOT ANYTHING THAT HAS BEEN PROVEN IN ALL
THE STUDIES THAT HAVE BEEN DONE. BUT WHAT HAS BEEN PROVEN IS THAT
WHEN A CHILD IS VACCINATED THEY ARE PROTECTED. THEY ARE PROTECTED FROM
AN ILLNESS THAT COULD IMPACT THEM FOREVER. AND THEN IT COULD IMPACT
OTHERS. JUST THINK ABOUT THE INFANTS THAT MAY BE NEARBY AND THAT WOULD
-- WHAT HAPPENED TO THAT -- THE -- THEIR LIFE AND THE IMPACT -- THE HEALTH
IMPACT ON THAT INFANT. OR A -- A YOUNG ADULT OR A CHILD WITH ANOTHER
ILLNESS THAT MAY IMPACT THAT CHILD IN A VERY, VERY SERIOUS WAY. OR THE
75
NYS ASSEMBLY JUNE 13, 2019
ADULT WHO MIGHT BE PREGNANT, IN A VERY SERIOUS WAY. WE ARE SO
FORTUNATE IN OUR SOCIETY THAT WE WERE ABLE TO -- THE SCIENTISTS THAT WERE
ABLE TO STUDY AND COME UP WITH A VACCINATION -- A VACCINE THAT COULD
PROTECT OUR CHILDREN FROM THIS VIRUS, FROM THIS HORROR. IN MY DISTRICT,
HUNDREDS -- OVER 200, I THINK IT CAME UP -- THE NUMBER OF KIDS WHO
WERE NOT VACCINATED GOT THE MEASLES. AND WHAT WAS HAPPENING WAS
THAT IT -- WHEN THEY WENT OUT TO THE STORES THEY WERE BEING -- THEY WERE
EXPOSING INFANTS AND PREGNANT WOMEN AND OTHERS WHO HAD -- WERE --
WERE MAYBE HAD A BAD COLD WHO THEN COULD BECOME ILL WHO MIGHT NOT
BE -- BEEN VACCINATED.
OUR CHILDREN ARE OUR FUTURE. WE NEED TO INVEST IN
THEIR LIVES IN A POSITIVE WAY, AND REALLY PAY ATTENTION TO MEDICAL
STUDIES. PAY ATTENTION TO PHYSICIANS AND THE WORK THEY HAVE DONE. PAY
ATTENTION TO THE SCIENTISTS. AND THEN LOOK AT OUR COMMUNITY AND
PROTECT OUR CHILDREN. PROTECT THEIR FUTURE. ASSURE THAT THEY REMAIN
HEALTHY. IT IS SO ESSENTIAL AND SO IMPORTANT. I CAN TELL YOU THE STORIES
THAT I RECALL WHEN I WAS YOUNGER OF THE HORROR THAT OCCURRED WITH TOO
MANY OF OUR CHILDREN -- OF THE CHILDREN IN THE COMMUNITY WHO GOT THE
MEASLES. ONE WOULD ASSUME, OH, THEY HAD THE MEASLES, THEY'RE GOING
TO BE FINE NEXT WEEK. BUT TOO MANY BECAME SO ILL THAT IT IMPACTED THEIR
LIVES AND THE FUTURE OF THEIR LIVES.
WE NEED TO STAND TOGETHER TO ASSURE THAT ALL OF THE
CHILDREN IN OUR COMMUNITIES AND OUR STATE ARE SAFE, REMAIN HEALTHY AND
WE PROTECT THEM. AND THAT'S WHY THIS LEGISLATION IS SO ESSENTIAL. IT WILL
PROVIDE SO MUCH SAFETY FOR OUR CHILDREN, ASSURING THAT THEY WILL BE ABLE
76
NYS ASSEMBLY JUNE 13, 2019
TO, YOU KNOW, PROTECT -- THEY WILL BE PROTECTED FROM GETTING THE
MEASLES AND THEY'LL BE ABLE TO GO TO SCHOOL AND STAY HEALTHY AND NOT BE
IMPACTED.
I WANT TO THANK OUR COLLEAGUE FOR SPONSORING THIS
LEGISLATION, AND LET'S MOVE FORWARD AND SUPPORT THIS AND SUPPORT OUR
CHILDREN. THERE WERE TOO MANY KIDS THAT I -- WHEN I WAS TEACHING THAT
I KNOW WHEN THEY CAME TO CLASS AFTER THEY WERE ILL FOR A COUPLE OF
WEEKS VERY EARLY ON WHAT HAPPENED TO THEM, STORIES THAT WERE
DEVASTATING. WE NEED TO STAND TOGETHER AND PROTECT OUR YOUTH.
THANK YOU.
ACTING SPEAKER AUBRY: MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. CAHILL: THANK YOU, MR. DINOWITZ. AND
BEFORE I BEGIN, LET ME ALSO THANK YOU FOR BRINGING THIS MEASURE BEFORE
THE HOUSE. I THINK IT'S WELL WORTH OUR CONSIDERATION. I DO HAVE, JEFF,
SOME TECHNICAL QUESTIONS AND A FEW OTHER QUESTIONS I'D LIKE TO ASK YOU
ABOUT VACCINATIONS GENERALLY AND OUR ROLE IN THE AREA OF VACCINATIONS.
SO, THE FIRST THING I WANT ASK YOU IS, WHERE DO VACCINATION LAWS COME
FROM? ARE THEY -- HAVE THEY ALWAYS BEEN WITH US SINCE VACCINATIONS
EXISTED, OR WERE THEY A CREATION OF -- OF THIS LEGISLATURE AND OTHER
77
NYS ASSEMBLY JUNE 13, 2019
LEGISLATURES AT SOME TIME IN THE PAST?
MR. DINOWITZ: I -- I BELIEVE VACCINATION LAWS
HAVE BEEN AROUND FOR A VERY LONG TIME. THE VACCINATION FOR SMALLPOX I
BELIEVE CAME ABOUT AROUND THE YEAR 1800, A LITTLE BEFORE, AND AT SOME
POINT THERE WAS REGULATION WITH RESPECT TO THAT VACCINE. BECAUSE FROM
THE VERY FIRST DAYS OF VACCINE, THERE WAS ALWAYS THAT VERY PARANOID,
CONSPIRATORIAL, ANTI-SCIENCE GROUP THAT -- THAT OPPOSED VACCINES. I
THINK WE KNOW THAT THESE VACCINES SAVED UNTOLD MILLIONS OF LIVES. SO
WE HAVE HAD LAWS FOR A VERY LONG TIME, WAY BEFORE ANY OF THE THINGS
WE'RE TALKING ABOUT TODAY.
MR. CAHILL: RIGHT. AND JEFF, I -- I KNOW THAT THE
SECTIONS OF THE LAW THAT WE'VE BEEN REVIEWING OVER THE PAST SEVERAL
MONTHS AS YOU HAVE BEEN ADVANCING THIS LEGISLATION REVOLVE AROUND
MEDICAL AND RELIGIOUS EXEMPTIONS IS WHAT THE LAW LAID OUT. ARE THERE
ANY OTHER EXEMPTIONS IN THE LAW FROM MANDATORY VACCINATIONS?
MR. DINOWITZ: NOT IN NEW YORK STATE.
MR. CAHILL: OKAY. ARE THERE ANY IN OTHER STATES,
THAT YOU'RE AWARE OF?
MR. DINOWITZ: THIS IS TO ATTEND SCHOOL, WE'RE
TALKING ABOUT. THIS IS TO ATTEND SCHOOL. THERE ARE RELIGIOUS
EXEMPTIONS AND THERE ARE MEDICAL EXEMPTIONS.
MR. CAHILL: OKAY. SO -- SO THAT -- THAT ANTICIPATES
MY NEXT QUESTION. WHAT ARE THE CONSEQUENCES OF THE FAILURE OF A
FAMILY TO HAVE THEIR CHILDREN VACCINATED? OR THE FAILURE OF AN
INDIVIDUAL TO BE VACCINATED? WHAT ARE THE CONSEQUENCES?
78
NYS ASSEMBLY JUNE 13, 2019
MR. DINOWITZ: IN ORDER TO ATTEND A SCHOOL OR A
DAY CARE, YOU WOULD HAVE TO HAVE THE CHILD VACCINATED. SO, IF THE
CHILD'S NOT VACCINATED, THE CHILD WOULD NOT BE ABLE TO ATTEND.
MR. CAHILL: YOU SAY A SCHOOL OR DAY CARE. IS THAT
JUST PUBLIC SCHOOLS OR IS IT PRIVATE SCHOOLS AND PRIVATELY-RUN DAY CARE AS
WELL?
MR. DINOWITZ: ALL SCHOOLS.
MR. CAHILL: SO IF A RELIGION -- IF A RELIGION
ESTABLISHED A SCHOOL AND EVERYONE THAT ATTENDED THAT SCHOOL ADHERED TO
THAT FAITH, AND THAT FAITH HAD A DEEP-ROOTED PROHIBITION AGAINST
VACCINATIONS, UNDER YOUR BILL THAT SCHOOL COULD NOT EXIST?
MR. DINOWITZ: WELL, I'M NOT AWARE OF WHAT
RELIGION THAT WOULD BE, BUT THE SCHOOL COULD EXIST, BUT THE CHILDREN
WOULD NOT BE ELIGIBLE TO GO THERE UNLESS THEY WERE VACCINATED.
MR. CAHILL: I'M SORRY, I -- MR. SPEAKER, I DIDN'T
HEAR HIM. THERE WAS AN INTERRUPTION. COULD YOU REPEAT THAT, PLEASE?
MR. DINOWITZ: YES. I SAID I'M NOT AWARE OF WHAT
RELIGION THAT IS THAT YOU'RE TALKING ABOUT, BUT THE CHILD WOULD HAVE TO BE
VACCINATED TO ATTEND SCHOOL UNLESS THERE WAS A MEDICAL EXEMPTION.
MR. CAHILL: ANY SCHOOL?
MR. DINOWITZ: ANY SCHOOL.
MR. CAHILL: OKAY. SO AGAIN, YOU'RE ANTICIPATING
MY QUESTIONS. ARE YOU AWARE OF ANY ORGANIZED RELIGIONS THAT HAVE
STRICT PROHIBITIONS AGAINST VACCINATIONS?
MR. DINOWITZ: I AM NOT.
79
NYS ASSEMBLY JUNE 13, 2019
MR. CAHILL: HOW ABOUT THOSE FOLKS WHO EXPRESS
RELIGIOUS OR PHILOSOPHICAL OBJECTIONS THAT ARE NOT PART OF AN ORGANIZED
RELIGION BUT STILL BELIEVE THEM TO BE ROOTED IN THEIR FAITH, IN THEIR -- IN
THEIR RELIGIOUS BELIEF SYSTEM? HOW DOES OUR EXISTING LAW WORK -- OUR
EXISTING LAW WORK WITH REGARD TO THOSE FOLKS?
MR. DINOWITZ: ONE CAN SIMPLY CLAIM ESSENTIALLY
THAT IT'S AGAINST THEIR RELIGION. THAT'S, YOU KNOW, THAT'S NOT THE EXACT
WORDING BUT THAT'S THE IMPACT. BUT AS I SAID, I'M NOT AWARE OF WHAT
RELIGION SPECIFICALLY BANS VACCINATIONS.
MR. CAHILL: BUT WHAT IS THE EXACT WORDING?
MR. DINOWITZ: THE -- YOU WANT ME TO READ THE
SECTION THAT IS BEING DELETED?
MR. CAHILL: SURE.
MR. DINOWITZ: I WILL.
MR. CAHILL: WELL, EXCERPT.
MR. DINOWITZ: I HAVE A LOT OF PAPER HERE, SO GIVE
ME ONE SECOND. DO YOU HAVE IT? I HAVE IT. I DO HAVE IT. OKAY. BEAR
WITH ME. I COULD -- YOU COULD ASK OTHER QUESTIONS WHILE I'M LOOKING --
OH, NOW HERE IT IS. OKAY. AS IT SAYS ON THE BOARD THERE, SUBDIVISION 9
OF SECTION 2140, WHICH I EARLIER MENTIONED, OF THE PUBLIC HEALTH LAW
-- AND MIND YOU, WE ARE TALKING ABOUT THE PUBLIC HEALTH LAW, NOT THE
PUBLIC RELIGION LAW. THIS IS THE HEALTH LAW. THIS IS THE SECTION THAT
WOULD BE ELIMINATED: THIS SECTION SHALL NOT APPLY TO CHILDREN WHOSE
PARENT, PARENTS OR GUARDIAN HOLD GENUINE AND SINCERE RELIGIOUS BELIEFS
WHICH ARE CONTRARY TO THE PRACTICES HEREIN, AND NO CERTIFICATE SHALL BE
80
NYS ASSEMBLY JUNE 13, 2019
REQUIRED AS A PREREQUISITE TO SUCH CHILDREN BEING ADMITTED OR RECEIVED
INTO SCHOOL OR ATTENDING SCHOOL. THAT'S THE SECTION THAT WOULD BE
ELIMINATED.
MR. CAHILL: SO IT -- IT DOES NOT SAY "PERSONAL
BELIEF," IT SPECIFICALLY SAYS "RELIGIOUS BELIEF."
MR. DINOWITZ: YES, THAT'S EXACTLY WHAT IT SAYS.
MR. CAHILL: OKAY. THANK YOU. JEFF, DO YOU
BELIEVE THAT WE WOULD BE OBLIGATED TO HAVE A RELIGIOUS EXEMPTION OF
SOME SORT IN THE LAW, PERHAPS NOT ONE AS BROADLY INTERPRETED AS THAT
ONE? DO YOU BELIEVE IT'S A SECTION OF LAW THAT WE MUST HAVE UNDER OUR
CONSTITUTIONAL OBLIGATIONS?
MR. DINOWITZ: NO, NOT IN THE LEAST. AND I -- I
WILL TELL YOU WHY. AND I MENTIONED IT IN THE COMMITTEE MEETING. THIS
IS FROM THE UNITED STATES SUPREME COURT, THIS IS THE DEFINITIVE RULING IN
THIS MATTER. IT'S PRINCE V. MASSACHUSETTS. THE SUPREME COURT TACKLED
THE ISSUES OF RELIGIOUS OR PHILOSOPHICAL EXEMPTIONS TO VACCINE
MANDATES. IT CONCLUDED RELIGIOUS FREEDOM - AND THIS IS A QUOTE NOW -
DOES NOT INCLUDE THE LIBERTY TO EXPOSE THE COMMUNITY OR THE CHILD TO
COMMUNICABLE DISEASE OR THE LATTER TO ILL HEALTH OR DEATH. SO THE
SUPREME COURT HAS RULED ON THIS, AND IT'S PRETTY CLEAR AND UNAMBIGUOUS
WHAT THE RULING IS.
MR. CAHILL: SO -- SO -- I MEAN, I UNDERSTAND YOUR
INTERPRETATION OF THAT, BUT I -- I --I INTERPRET IT SOMEWHAT MORE NARROWLY
THAN YOU DID IN THAT YOU SAY THAT THAT DECISION PRECLUDES US OF AN
OBLIGATION TO PROTECT RELIGIOUS FREEDOM WHEN IT COMES TO VACCINATION.
81
NYS ASSEMBLY JUNE 13, 2019
I BELIEVE THAT THAT COURT DECISION SAYS THAT A STATE IS ENABLED -- A STATE
HAS THE AUTHORITY TO REGULATE THE PUBLIC HEALTH, AND IF THE PUBLIC HEALTH
IS IN DANGER, THEY CAN TAKE WHAT MIGHT OTHERWISE BE EXTRAORDINARY STEPS
EVEN IF THERE ARE RELIGIOUS CONNOTATIONS ASSOCIATED WITH IT. THAT IS A
MUCH NARROWER VIEW OF WHAT THAT COURT DECISION SAYS THAN YOU HAVE,
BUT I -- I ACCEPT YOUR INTERPRETATION. ACCEPTING YOUR INTERPRETATION THAT
IT'S NOT AN OBLIGATION TO HAVE A RELIGIOUS EXEMPTION, DO YOU THINK IT IS A
GOOD IDEA TO TRY TO FASHION A RELIGIOUS EXEMPTION? DO YOU THINK IT'S
SOMETHING WE OUGHT TO BE COGNIZANT OF -- AND -- AND I'M ASKING YOU
NOT JUST TO WEAR YOUR PUBLIC HEALTH HAT - WHICH CLEARLY, YOU'VE POINTED
OUT THAT'S WHAT YOU'RE DOING - BUT AS -- AS AN ELECTED OFFICIAL SWORN TO
UPHOLD THE CONSTITUTION, DO YOU BELIEVE IT WOULD BE A GOOD IDEA TO
INCLUDE A RELIGIOUS EXEMPTION OF SOME KIND OR SOME PROVISION THAT
WOULD ASSURE THE PROTECTION OF -- OF RELIGION?
MR. DINOWITZ: I -- I DON'T THINK IT WOULD BE A
GOOD IDEA BECAUSE I THINK THE PRIMARY OBJECTIVE THAT WE SHOULD ALL
HAVE, ABOVE EVERYTHING, IS TO PROTECT THE PUBLIC HEALTH, PARTICULARLY THAT
OF CHILDREN. I CERTAINLY DON'T WANT TO VIOLATE WHAT PEOPLE CONSIDER
THEIR RELIGIOUS BELIEFS, ALTHOUGH I HAPPEN TO PERSONALLY BELIEVE THAT A
VERY SIGNIFICANT NUMBER OF THE PEOPLE CLAIMING THE RELIGIOUS OBJECTION
ARE, IN FACT, EXERCISING A PERSONAL -- A PERSONAL OBJECTION THAT HAS
NOTHING TO DO WHATSOEVER WITH RELIGION, BUT I DON'T HAVE ANY DATA TO
BACK THAT UP. BUT I DO BELIEVE THAT EVEN -- EVEN DEALING WITH RELIGION,
THE BOTTOM LINE IS WE CANNOT ALLOW -- AS THIS SUPREME COURT DECISION
HAS SAID, WE CANNOT ALLOW PEOPLE TO ENDANGER OTHER PEOPLE. WE CAN
82
NYS ASSEMBLY JUNE 13, 2019
NOT ALLOW THE PUBLIC HEALTH TO BE JEOPARDIZED.
MR. CAHILL: THANK YOU, JEFF. I -- I DON'T DISAGREE
WITH YOU ON THE POINT THAT MANY, MANY PEOPLE, MAYBE EVEN THE VAST
MAJORITY OF PEOPLE, CERTAINLY THE VAST MAJORITY OF PEOPLE WHO HAVE
CONTACTED MY OFFICE, 95 PERCENT OF WHOM ARE NOT EVEN REMOTELY
ASSOCIATED WITH MY DISTRICT, ARE -- ARE NOT EXPRESSING RELIGIOUS VIEWS,
BUT ARE USING THE CURRENT RELIGIOUS EXEMPTION AS A SAFE HARBOR FOR THEIR
PERSONAL BELIEFS. SO I -- I SHARE THAT OPINION WITH YOU, ALTHOUGH, AS --
AS MY -- THE REST OF MY COMMENTS WILL REVEAL, I DON'T SHARE ALL OF YOUR
VIEWS.
THANK YOU VERY MUCH, MR. DINOWITZ.
MR. DINOWITZ: THANK YOU.
MR. CAHILL: I APPRECIATE YOUR RESPONSES.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. CAHILL: FROM THE PERSPECTIVE OF PUBLIC
HEALTH, VACCINATIONS ARE INDISPUTABLY ONE OF THE MARVELS OF THE 20TH
CENTURY. THEY RESULTED IN A DRAMATIC DROP IN CHILDHOOD AND INFANT
MORTALITY. LET ME REPEAT THAT. THEY HAVE RESULTED IN A DRAMATIC DROP
OF CHILDHOOD AND INFANT MORTALITY. FROM THE BEGINNING OF THE 20TH
CENTURY TO THE END OF THE 20TH CENTURY, LIFE EXPECTANCY IN THIS COUNTRY
NEARLY DOUBLED. THAT'S NOT SO ALL OVER THE WORLD. AND ONE OF THE MAIN
REASONS IT'S NOT TRUE ALL OVER THE WORLD IS LOWER VACCINATION RATES
ELSEWHERE. IN SOME NATIONS - AND I'LL MAKE THIS STATEMENT TWICE AS WELL
- IN SOME NATIONS IT IS JUST AS LIKELY THAT A CHILD WILL DIE THAN THAT THEY
83
NYS ASSEMBLY JUNE 13, 2019
WILL REACH ADULTHOOD. IN SOME PLACES IT IS JUST AS LIKELY THAT A CHILD
WILL DIE RATHER THAN REACH ADULTHOOD. AND THEN THERE'S THE OLDER FOLKS.
AS A SOCIETY, WE ARE OLDER AND WE'RE HEALTHIER AND WE'RE MORE FREE OF
THE VESTIGES OF COMMUNICABLE DISEASES THAN ANY TIME IN HISTORY. POLIO,
A BULLET PEOPLE MY AGE -- AND LITERALLY MY AGE, STARTING THE YEAR I WAS
BORN -- A BULLET WE DODGED, DEBILITATED THOUSANDS OF PEOPLE, INCLUDING
SOME OF THE OLDER KIDS I GREW UP WITH AND OUR GREATEST PRESIDENT OF THE
UNITED STATES FOR ALL TIMES, FRANKLIN DELANO ROOSEVELT. OTHER DISEASES
AND THEIR COMPLICATIONS AND THEIR MANIFESTATIONS ARE NO LONGER DAILY
HEADLINES IN THIS COUNTRY. PULL OUT A NEWSPAPER FROM THE EARLY PART OF
THE 20TH CENTURY AND YOU WILL SEE STORIES OF PLAGUES IN THE UNITED
STATES OF AMERICA. THEY DON'T EXIST ANYMORE, BUT YES, THERE ARE STILL
THOSE EPIDEMIC STORIES ELSEWHERE. SO FROM A PUBLIC HEALTH PERSPECTIVE,
IN SPITE OF WHAT SELF-PROCLAIMED EXPERTS SAY TO THE CONTRARY, BY AND
LARGE FROM A PUBLIC HEALTH PERSPECTIVE, VACCINATIONS WORK. ON THE
PERSONAL LEVEL, EVEN THOUGH MY DAUGHTERS ARE IN THEIR MID-30'S AND
THEY'RE MOTHERS THEMSELVES, I REMEMBER WHEN THEY WERE BORN. AND I
REMEMBER DISCUSSIONS WITH THEIR MOM CONCERNING UNIQUE PERSONAL
HEALTH CIRCUMSTANCES IN OUR FAMILIES, ABOUT WHETHER A VACCINE WAS
RIGHT FOR THEM. I HAVE AN OBLIGATION TO BE CLEAR. I WAS UNSURE. THEIR
MOTHER WAS CERTAIN. OF COURSE, OUR GIRLS WERE GOING TO BE VACCINATED,
SHE SAID. THEY WERE, AND THEY ARE HEALTHY AND THEY ARE SAFE AND THEY
HAD FULL CHILDHOODS, AND THEY ARE GREAT PARENTS THEMSELVES RIGHT NOW.
OTHERS HAD DIFFERENT EXPERIENCES. FAMILY HEALTH CONCERNS WERE
GREATER. HEALTH ISSUES WERE MORE PROMINENT OR MORE INEXPLICABLE.
84
NYS ASSEMBLY JUNE 13, 2019
JUST AS MY GIRLS' MOM WAS ACTING OUT OF LOVE AND RESPONSIBILITY, SO
WERE THE MOMS AND DADS WHO DON'T WANT THEIR CHILDREN INOCULATED. A
FEW, A VERY, VERY FEW HAVE DEEP-ROOTED BELIEFS BORN OF THEIR FAITH, AND
EVEN IF LOGIC TELLS THEM THAT THEIR KIDS WOULD BE BETTER OFF, THEIR FAITH
PROHIBITS THEM FROM TAKING THAT STATE -- THAT STEP. EVEN IF THEY THINK IT
WOULD BE BETTER FOR THEIR KIDS, THEIR FAITH TELLS THEM THEY CAN'T DO IT.
AND JUST AS WE HAVE AN OBLIGATION TO PROTECT THE PUBLIC HEALTH, WE
HAVE, I BELIEVE, A FUNDAMENTAL CONSTITUTIONAL RESPONSIBILITY TO NOT MAKE
LAWS ABRIDGING THE FREEDOM OF RELIGION.
I RESPECT AND APPLAUD THE SPONSOR FOR THE THOUGHTS
BEHIND THIS AND MANY OTHER MEASURES HE'S CHAMPIONED OVER HIS MANY
YEARS IN THIS HOUSE. AND WHILE I SYMPATHIZE WITH THOSE WHO HAVE
LEGITIMATE HEALTH CONCERNS AND FEEL THAT THE CURRENT SYSTEM PROVIDES NO
MEDICAL RECOURSE -- WHO FEEL THAT THE CURRENT SYSTEM PROVIDES NO
MEDICAL RECOURSE, MY VOTE TODAY DOES NOT REFLECT A SENSE THAT THEY AND
NOT SOCIETY'S INTEREST SHOULD PREVAIL. FREEDOM TO PEACEABLY ASSEMBLE
DOES NOT MEAN THAT WE CAN BLOCK HEALTH CLINICS. FREEDOM OF SPEECH
DOES NOT MEAN THAT YOU CAN SAY ANYTHING, ANYTIME, ANYWHERE WITHOUT
CONSEQUENCES. AND FREEDOM OF RELIGION IS NOT A SAFE HARBOR FOR
PERSONAL PREFERENCES OR EVEN A SUBSTITUTE FOR SCIENTIFIC DISAGREEMENT,
LEGITIMATE OR NOT. BUT THIS MEASURE HAS A FATAL FLAW, IN MY VIEW. IT
MAKES NO PROVISIONS WHATSOEVER TO RESPECT DEEPLY-HELD, WELL-FOUNDED
RELIGIOUS BELIEFS THAT CON -- THAT CONFLICT WITH THIS PUBLIC HEALTH
OBLIGATION. IT DOESN'T EVEN TRY. EVEN THOUGH I SUPPORT THE GOALS OF THIS
BILL, I FIND IT MY OBLIGATION TO MAKE NO LAW PROHIBITING THE FREE
85
NYS ASSEMBLY JUNE 13, 2019
EXERCISE OF RELIGION. THE FIRST COMMITMENT WE EVER MADE WHEN WE
WALKED IN THIS ROOM, AND THAT CONSTITUTIONAL PROHIBITION --
ACTING SPEAKER AUBRY: MR. CAHILL.
MR. CAHILL: -- TELLS ME, AND IN FACT, ALL OF US TO
VOTE NO. THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER AUBRY: PLEASE.
MR. SAYEGH.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SAYEGH: MR. SPEAKER, AND I WANTED TO
EXPLAIN MY POSITION ON THE BILL. I SERVE ON THE HEALTH COMMITTEE, AND
ON THE HEALTH COMMITTEE I MADE A POINT OF EXPRESSING CONCERNS ABOUT
THE BILL. AND MY OPINION REFLECTED MY LONGSTANDING COMMITMENT AS AN
ATTORNEY TO CONSTITUTIONAL RIGHTS. AND I BELIEVE IN INDIVIDUAL LIBERTIES
AS AN EDUCATOR ALLOWING PARENTS TO MAKE A CHOICE WITH REGARD TO THE
BEST INTERESTS OF THEIR CHILDREN. I ALSO AGREE WITH MANY OF MY
COLLEAGUES THAT HAVE DETERMINED THAT A SERIOUS CONDITION EXISTS THAT
REALLY IMPACTS THE ENTIRE STATE AND POSSIBLY THE ENTIRE NATION. AND I AM
SOMEONE THAT HAS FIVE CHILDREN THAT HAVE BEEN VACCINATED. AND I DO
AGREE OF THE IMPORTANCE OF VACCINATIONS. BUT AS EXPLAINED BY MANY OF
MY COLLEAGUES, I HAVE A DIFFICULT TIME WITH THE ISSUE OF RELIGIOUS
EXEMPTIONS BEING TAKEN AWAY. THAT REALLY DEFRAYS ON INDIVIDUAL
RIGHTS, AND AT THE SAME TIME IMPACTS INDIVIDUAL LIBERTIES. I'VE URGED
86
NYS ASSEMBLY JUNE 13, 2019
EARLY ON TWO VERY IMPORTANT POINTS, INFORMATION THAT I THINK ALL OF US
NEEDED TO HAVE TO REALLY MAKE A DECISION ON THIS VERY IMPORTANT TOPIC.
ONE WAS TO MAKE SURE THAT MUNICIPALITIES AND GOVERNMENT IN GENERAL
TOOK EVERY PRECAUTION TO REALLY MONITOR AND TRY TO GET RID OF THIS SERIOUS
PROBLEM. I HAVEN'T BEEN GIVEN PERSONALLY THAT ADEQUATE PROOF. AND
FURTHERMORE, FOR ME TO TURN AGAINST INDIVIDUAL AND CONSTITUTIONAL AND
RELIGIOUS RIGHTS, I NEEDED TO SEE THAT WE HAD A SERIOUS CONDITION ON OUR
HANDS. MANY OF US TALK ABOUT EPIDEMICS. FOR SOME OF US, WE'VE
REACHED THAT POINT, FOR SOME OF US WE TALK ABOUT THE NEED TO PREVENT.
BUT THIS IS A DRASTIC DETERMINATION WE WILL MAKE. AND ON THE HEALTH
COMMITTEE WHEN I MADE MY POSITION KNOWN OF BEING AT THIS TIME
AGAINST THIS BILL, I DIDN'T REALIZE I WAS THE DECISIVE VOTE OF WHETHER THIS
WOULD COME TO THE OVERALL BODY HERE BEFORE US. AND AS SOMEONE THAT
VALUES NOT ONLY THE RIGHT OF THE MAJORITY AND THE RIGHT OF THE MINORITY,
BUT THE RIGHT AND OPPORTUNITY TO PRACTICE DEMOCRACY AND ALLOW US TO
TAKE THESE SERIOUS ISSUES BEFORE US BEFORE THE ENTIRE BODY. AND I WAS
NOT FOR ALLOWING MY VOTE OR MY OPINION TO BECOME A DECISIVE VOTE THAT
WOULD DISALLOW THIS IMPORTANT ISSUE TO BE DECIDED AND DETERMINED BY
THIS ENTIRE BODY. AS I SAID, THIS IS AN IMPORTANT ISSUE, AND MANY OF US
HAVE DIFFERENT VARYING DEGREES OF CONCERNS FROM INDIVIDUAL RIGHTS TO
PARENT RIGHTS TO KIDS BEING LEFT OUT OF SCHOOL, TO THE NEED TO VACCINATE
AND THE NEED TO PROTECT THE GENERAL PUBLIC AT-LARGE. THEREFORE, I HOPE
THIS IS AN OPPORTUNITY WHERE WE CAN VOICE OUR OPINIONS AND LOOK AT THE
VARIOUS AND VARYING DEGREES OF CONCERN THAT EACH AND EVERY ONE OF US
HAS, AND AT THE END OF THIS SESSION MAKE A DECISION THAT, AGAIN, IS IN THE
87
NYS ASSEMBLY JUNE 13, 2019
BEST INTERESTS OF OUR CHILDREN AND OUR COMMUNITIES AT-LARGE.
I WILL BE VOTING AGAINST THIS ISSUE, BUT I ENCOURAGE YOU
TO THINK THIS OUT AND MAKE THE BEST DECISION IN THE BEST INTERESTS OF OUR
COMMUNITY AT-LARGE, AND KEEP IN MIND OF WHAT WE SPOKE ABOUT: IS IT
SERIOUS ENOUGH - AND EVERYBODY HAS A DIFFERENT OPINION - IS IT SERIOUS
ENOUGH AT THIS TIME TO TAKE AWAY RELIGIOUS AND INDIVIDUAL RIGHTS? KEEP
THAT IN MIND.
THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER AUBRY: PLEASE.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I VERY
MUCH APPRECIATE THE THOUGHTS OF MY COLLEAGUES ON THIS BILL. AND I
THINK WE'VE HAD A VERY SERIOUS, RATIONAL DISCUSSION. THERE IS A LOT
INVOLVED, A LOT FOR US TO THINK ABOUT. BUT LET'S START OFF WITH WHAT THIS IS
NOT ABOUT. THIS IS NOT ABOUT WHETHER PEOPLE SHOULD TAKE VACCINES.
THIS IS NOT ABOUT WHETHER THERE'S GOOD SCIENCE OR JUNK SCIENCE OR
WHATEVER. IT'S NOT ABOUT VACCINES AT ALL. IT'S ABOUT RELIGIOUS RIGHTS. IT'S
ABOUT WHETHER NEW YORK STATE, WHICH FOR YEARS HAS PROTECTED
RELIGIOUS RIGHTS, WILL TAKE THE DRASTIC STEP OF REMOVING FROM OUR
STATUTES NEW YORK'S IMPLEMENTATION OF THE UNITED STATES
CONSTITUTION'S FIRST AMENDMENT TO EXERCISE A RELIGIOUS BELIEF WITH
RESPECT TO VIOLATING THE INTEGRITY OF YOUR BODY. THIS IS ABOUT WHETHER
SOMEONE CAN SAY, MY BODY IS INVIOLATE. I BELIEVE THAT DEEPLY AND
FERVENTLY. MY BODY IS INVIOLATE, AND YOU DON'T HAVE, AS A GOVERNMENT,
88
NYS ASSEMBLY JUNE 13, 2019
THE RIGHT TO TAKE THAT RIGHT AWAY. IT'S ABOUT OUR IMPLEMENTATION OF THE
FIRST AMENDMENT THROUGH THE 14TH AMENDMENT WHERE WE, AS A STATE,
HAVE AN OBLIGATION TO TREAT EVERYONE EQUALLY WITHOUT DISCRIMINATION.
IT'S ABOUT WHETHER WE'RE GOING TO TELL SCHOOL DISTRICTS THAT THEY HAVE
CARTE BLANCHE AUTHORITY TO WITHHOLD FROM CERTAIN INDIVIDUAL STUDENTS
THE RIGHT TO BE EDUCATED ALONGSIDE OTHERS BECAUSE OF THEIR RELIGIOUS
BELIEFS. SO WE'RE SAYING THAT IF YOU FERVENTLY BELIEVE THAT YOUR BODY IS
INVIOLATE AND GOVERNMENT CAN'T TELL YOU THAT IT SHOULD BE VIOLATED, THAT
GOVERNMENT DOESN'T CONTROL YOUR BODY, THAT YOU HAVE A GOD-GIVEN
RIGHT TO CONTROL YOUR OWN BODY, THAT YOU CAN'T BE EDUCATED. THAT'S WHY
WE'VE HAD THIS PROVISION ALL OF THESE YEARS. AND NOW, FOR WHATEVER
REASON, WE WANT TO TAKE IT AWAY. ONE OF MY COLLEAGUES MADE THE VERY
VALID POINT THAT WE DO HAVE A RIGHT TO IMPINGE ON DIFFERENT PEOPLE'S
CONSTITUTIONAL RIGHTS. BUT TO DO THAT, THERE MUST BE A COMPELLING STATE
INTEREST. AND I WANT TO RESPECTFULLY SUGGEST THAT THAT COMPELLING STATE
INTEREST CANNOT JUST BE SOME THEORETICAL BELIEF THAT WE'D BE BETTER OFF
ONE WAY THAN ANOTHER; THAT WE HAVE TO DEMONSTRATE THAT RIGHT NOW THE
EXERCISE OF THAT RELIGIOUS BELIEF IS AFFECTING PUBLIC HEALTH. AND THIS
BILL, NO MATTER HOW WELL-MEANING IT IS, IS BASED ON THE ERRONEOUS
ASSUMPTION THAT THE EXERCISE BY SOME 20,000 PEOPLE IN OUR STATE -- OR
MAYBE 25,000 PEOPLE -- OF THEIR RELIGIOUS BELIEF WHEN IT COMES TO THE
VIOLATION OF THEIR RIGHT IS SOMEHOW ENDANGERING THE PUBLIC SPACE, IS
SOMEHOW ENDANGERING THE PUBLIC. AND I WANT TO RESPECTFULLY SUGGEST
WE HAVE NOT SEEN ANY EVIDENCE OF THAT.
(APPLAUSE)
89
NYS ASSEMBLY JUNE 13, 2019
BUT LET'S GO BACK -- GUYS, QUIET, PLEASE. RESPECT THE
ASSEMBLY AND THE WAY IT PROCESSES.
WHAT IS RELIGION? WELL, WE'VE HEARD THAT SOME PEOPLE
BELIEVE IT'S ONLY AN ORGANIZED RELIGION AND MUST -- AND SOMEHOW WE
HAVE TO TIE THOSE BELIEFS, WHATEVER THEY ARE, TO AN ORGANIZED RELIGION.
BUT WE CAN ARGUE OVER WHAT ORGANIZED RELIGIONS BELIEVE WITH RESPECT
TO VACCINATIONS. THERE HAVE BEEN PROCLAMATIONS BY THE CATHOLIC
CHURCH, THE RUSSIAN ORTHODOX CHURCH AND EVEN THE -- IN SOME MUSLIM
CHURCH -- SOME MUSLIM.... INSTITUTIONS, ALL WARNING PEOPLE ABOUT TAKING
VACCINATIONS BECAUSE THEY MAY CONTAIN PIECES OF ABORTION OR OF FETUSES
OR PIECES OF -- OF WHATEVER. BUT THAT'S NOT WHAT THIS IS ABOUT. JAMES
MADISON ONCE SAID, "RELIGION OF EVERY MAN MUST BE LEFT TO THE
CONVICTION AND CONSCIENCE OF EVERY MAN. AND IT IS THE RIGHT OF EVERY
MAN TO EXERCISE HIS RELIGION AS THESE MAY DICTATE." SO IT IS NOT UP TO US
TO DETERMINE WHETHER SOMEONE IS PROPERLY EXERCISING THAT RELIGIOUS
RIGHT. AND BECAUSE SOME PEOPLE MAY ABUSE THAT, THAT'S NOT A REASON TO
DO AWAY WITH THIS PROTECTION FOR THAT RIGHT. IF SOME PEOPLE ARE SEEN TO
BE ABUSING THAT, LET'S SET UP A PROCESS TO ENSURE THAT NOBODY'S ABUSING
THAT. AND, IN FACT, WE HAVE A PROCESS. WE HAVE SCHOOL DISTRICTS NOW,
AND WE HAVE LOTS OF EXPERIENCE WHERE SCHOOL DISTRICTS HAVE BEEN
REJECTING PROPOSED RELIGIOUS EXEMPTIONS. BUT THE POINT BEFORE US
TODAY IS THE GENERAL ISSUE, SHOULD NEW YORK ALLOW FOR PEOPLE WHO DO
QUALIFY, THE RIGHT TO EXERCISE THEIR RELIGION AS THEY SEE FIT.
NOW, HOW DO WE COME TO A CONCLUSION THAT WE SHOULD
-- THAT WE HAVE A COMPELLING STATE INTEREST TO BURDEN THESE DEEPLY-HELD
90
NYS ASSEMBLY JUNE 13, 2019
RELIGIOUS BELIEFS? WELL, WE ALL SEEM TO AGREE THAT WE NEED TO PROTECT
PUBLIC HEALTH. BUT AS I MENTIONED A FEW MOMENTS AGO, I HAVE HEARD
NOTHING THAT TELLS ME THAT THE CURRENT OUTBREAK WAS CAUSED OR IN ANY
WAY RELATED TO ANYONE WITH A RELIGIOUS EXEMPTION. THERE HAS NOT BEEN
ONE INSTANCE THAT HAS BEEN POINTED OUT TO US THAT ANYONE WITH A
RELIGIOUS EXEMPTION HAD MEASLES DURING THE LAST OUTBREAK. AND THE
NUMBERS WE'VE HEARD FROM VARIOUS COLLEAGUES, WE'RE TALKING ABOUT
RELIGIOUS EXEMPTIONS OF LESS THAN ONE PERCENT OF ALL OF THE STUDENTS IN
THE STATE. WELL, THERE'S ANOTHER 5, 6 PERCENT OUT THERE WHO ARE JUST NOT
GETTING VACCINATED. THAT'S NOT A PROBLEM WITH OUR LAW. THAT'S A
PROBLEM WITH OUR HEALTH SYSTEM. OUR DEPARTMENT OF HEALTH HAS PLENTY
OF TOOLS AVAILABLE TO THEM. HAS ANYBODY CITED ANYTHING FROM THE
DEPARTMENT OF HEALTH THAT SAYS THEY NEED THIS LEGISLATION? IS THIS JUST A
COVER FOR A FAILURE TO CONVINCE PARENTS THAT THEY SHOULD, IN FACT -- THAT
THEY SHOULD, IN FACT, GET VACCINATED? FORTUNATELY, THERE HAVE BEEN NO
DEATHS.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WHY
DO YOU RISE?
MR. ZEBROWSKI: WILL MR. ABINANTI YIELD?
ACTING SPEAKER AUBRY: MR. ABINANTI, WILL
YOU YIELD?
MR. ABINANTI: MR. SPEAKER, WHEN I'M DONE, I'D
BE PLEASED TO YIELD.
ACTING SPEAKER AUBRY: MR. ABINANTI REFUSES
TO YIELD.
91
NYS ASSEMBLY JUNE 13, 2019
MR. ABINANTI: SO WE'VE HEARD ABOUT AN OUTBREAK.
NOW, IT'S BEEN REFERRED TO AS AN EPIDEMIC, OR A PROBLEM. WELL, WE'RE
HERE DEALING WITH LAW. AND THERE WAS A SUPREME COURT JUDGE IN
ROCKLAND COUNTY WHO ACTUALLY DEALT WITH THE DECLARATION OF
EMERGENCY BY THE COUNTY EXECUTIVE OF ROCKLAND COUNTY. AND THAT
SUPREME COURT JUDGE SAID ROCKLAND COUNTY HAS SEEN 166 CASES OF
MEASLES IN A POPULATION OF ROUGHLY 330,000 PEOPLE. HE SAID AS A
MATTER OF LAW THAT'S NOT AN EPIDEMIC. AND I WANT TO SUGGEST TO YOU THAT
900 CASES OR 1,000 CASES IN THE STATE NEW YORK WHERE WE HAVE 20,000
-- 20 MILLION PEOPLE, THAT'S NOT AN EPIDEMIC. USING THE SAME STANDARD
AS THE UNITED -- AS THE SUPREME COURT JUDGE USED.
THERE'S ALSO A -- AN ASSUMPTION UNDERLYING THIS
LEGISLATION THAT BECAUSE SOMEONE HAS A RELIGIOUS EXEMPTION, THEREFORE,
THEY ARE NOT VACCINATED. THAT IS NOT TRUE. MANY HAVE COME TO THE
RELIGIOUS EXEMPTION QUESTION AFTER VACCINATIONS. THERE ARE MANY
CHILDREN WHO HAVE BEEN VACCINATED FOR MEASLES, MUMPS AND RUBELLA
WHO NOW HAVE RELIGIOUS EXEMPTIONS. THERE'S ALSO A WRONGFUL
ASSUMPTION THAT BECAUSE YOU'RE NOT VACCINATED, YOU ARE CONTAMINATED.
YOU ARE CONTAGIOUS. YOU ARE A CARRIER OF WHATEVER DISEASE IT IS. THAT
IS ALSO NOT TRUE. AS WE NOTED BEFORE, WE'VE YET TO SEE ONE CASE OF
SOMEONE WITH A RELIGIOUS EXEMPTION WHO CAME DOWN WITH THE MEASLES
DURING THIS LAST OUTBREAK. IN SHORT, I WANT TO SUGGEST THAT WE HAVE SEEN
NOTHING THAT JUSTIFIES OUR ELIMINATING A RARELY USED RELIGIOUS
EXEMPTION.
AND I'M A LITTLE CONCERNED BY THE IMPLICATIONS OF WHAT
92
NYS ASSEMBLY JUNE 13, 2019
WE'RE DOING HERE. THERE IS A NATIONAL DEBATE GOING ON RIGHT NOW ABOUT
WHETHER A WOMAN SHOULD BE ABLE TO CONTROL HER BODY. AND AS THE
ATTORNEY FOR WESTCHESTER COALITION FOR 20 YEARS -- 18 YEARS, PRO BONO --
I AM VERY STRONGLY PRO-CHOICE. AND I HAVE ARGUED VERY STRONGLY THAT
GOVERNMENT HAS NO RIGHT TELLING A WOMAN WHAT TO DO WITH HER BODY.
AND WE ARE TALKING NOW ABOUT SOME VERY FORWARD-LOOKING LEGISLATION,
TRYING TO DECIDE SHOULD WE ALLOW SURROGACY, AND HOW DOES THAT -- HOW
DOES THAT IMPACT THE RIGHTS OF A WOMAN? AND THAT'S A DISCUSSION.
SOME PEOPLE SAY IT PUTS THEM INTO SLAVERY. OTHERS SAY NO, IT FREES
THEM. BUT THE QUESTION IS, HOW BEST TO EMPOWER A WOMAN TO USE HER
BODY? AND THEN WE TALK ABOUT SO MANY OTHER AREAS. WE'RE TALKING
PERHAPS ABOUT DECRIMINALIZING PROSTITUTION. NO MATTER WHAT YOUR VIEW
IS ON THAT, THE ISSUE IS, HOW DO WE ALLOW A WOMAN TO CONTROL HER BODY?
WHY ARE WE NOW SAYING THAT PEOPLE WHO ARE VERY CONCERNED THAT
GOVERNMENT IS INFRINGING ON THEIR RELIGIOUS BELIEFS, WHY ARE WE NOW
SAYING IT DOESN'T MATTER WHETHER THEY GET TO CONTROL THEIR BODY? SOME
WILL SAY, WELL, THEY'RE ENDANGERING OTHERS AND SO THAT OVERRIDES THIS
ISSUE. THAT'S A VERY SLIPPERY SLOPE WHEN YOU TAKE A LOOK AT ALL OF THE
OTHER ISSUES WE'RE LOOKING AT. AND AS WE'VE SEEN, WE'VE SEEN NO
EVIDENCE - AND I'LL REPEAT IT OVER AND OVER AGAIN - NO EVIDENCE THAT
ANYONE WITH A RELIGIOUS EXEMPTION IN ANY WAY HAS ENDANGERED ANYONE
ELSE. SO I'M VERY CONCERNED ABOUT THIS LEGISLATION. I THINK THERE ARE
BETTER ANSWERS TO DEAL WITH THE PROBLEMS THAT WE'RE FACING WITH THIS
SPIKE -- IN THIS ONE-TIME SPIKE. YOU KNOW, I UNDERSTAND THE ARGUMENT
THAT WE'RE TRYING TO INCREASE THE NUMBER OF PEOPLE IN THE HERD WHO ARE
93
NYS ASSEMBLY JUNE 13, 2019
VACCINATED. BUT THIS DOES NOTHING ABOUT ALL OF THE PEOPLE WHO VISIT OUR
COUNTRY. AND I'M UNDERSTANDING THAT'S HOW THE LATEST OUTBREAK CAME,
BECAUSE SOMEBODY CAME FROM ANOTHER COUNTRY SOMEWHERE ELSE IN THE
WORLD. AND IT DOES NOTHING ABOUT ALL OF THE OTHER PROBLEMS IN OTHER
WAYS THAT MEASLES, FOR EXAMPLE, OR OTHER -- OTHER-- OTHER DISEASES CAN
BE SPREAD. IN FACT, I HEARD ALL OF THESE NUMBERS ABOUT UNVACCINATED IN
SCHOOLS. AND YET THERE'S BEEN NO INDICATION THAT IN ANY OF THOSE
SCHOOLS THERE WERE ANY CASES OF MEASLES. SO WE'RE TALKING ABOUT ALL OF
THESE NUMBERS GOING AROUND. NONE OF THEM, NONE OF THEM RELATED TO
THE ISSUE BEFORE US. YOU KNOW, THERE'S EVEN A CASE -- AND IT'S
INTERESTING TO SEE HOW PEOPLE GET STAMPEDED. JUST RECENTLY, NEW
HAMPSHIRE -- WAS IT NEW HAMPSHIRE? YES, NEW HAMPSHIRE, ON THE
BASIS OF ONE CASE ELIMINATED THE RELIGIOUS EXEMPTION. NOW IT TURNS OUT
THAT ON THAT ONE CASE IT WASN'T A CASE OF MEASLES. STATE OFFICIALS SAID
RECENTLY THAT LAB RESULTS SHOW THAT THE LIVE ATTENUATED MEASLES, MUMPS,
RUBELLA VACCINE WAS RESPONSIBLE FOR THE CHILD'S SYMPTOMS. SO THE
VACCINE ITSELF WAS PRESENTED IN THE CHILD AS IF THE CHILD HAD MEASLES.
SO I WANT TO SUGGEST THAT WE BE VERY CAREFUL, TO TAKE A LOOK AT WHERE
WE ARE. OUR VACCINATION RATES IN NEW YORK ARE HIGH AND HAVE BEEN
STEADY YEAR AFTER YEAR AFTER YEAR
ACTING SPEAKER AUBRY: SIR, YOUR 15 MINUTES
ARE UP.
MR. ABINANTI: SO I JUST COME TO THE CONCLUSION --
ACTING SPEAKER AUBRY: SIR, YOUR MINUTES ARE
UP.
94
NYS ASSEMBLY JUNE 13, 2019
MR. ABINANTI: THANK YOU, SIR. I WILL COME BACK.
ACTING SPEAKER AUBRY: MR. MORINELLO
MR. MORINELLO: THANK YOU, MR. SPEAKER.
THERE'S BEEN SOME ELOQUENT DISCUSSIONS AND COMMENTS ON BOTH SIDES.
I HAVE A FEW SIMPLE COMMENTS. IT APPEARS THAT THEY'RE SAYING
VACCINATIONS WORK. WELL, IF THEY WORK, WHAT IS THE FEAR? THERE -- IT'S
REPORTED THAT THERE HAS ONLY BEEN .000046 PERCENT OF THE POPULATION
THAT HAS CONTRACTED MEASLES. AND THESE WERE ALL IN ONE AREA, AND THEY
HAVE COME FROM SOMEONE WHO WENT FROM A DIFFERENT COUNTRY TO THIS
COUNTRY. IF VACCINES WORK, THE STUDIES HAVE SHOWN THAT UNLESS YOU'RE
IN THE MIDDLE OF AN EPIDEMIC, EXPOSURE TO ONE INDIVIDUAL THAT IS NOT
VACCINATED THAT HAS MEASLES BY SOMEONE WHO IS VACCINATED WILL NOT
CONTRACT THE DISEASE.
NEXT, PARENTS HAVE A RIGHT AND AN OBLIGATION TO THEIR
CHILDREN. IF THEY ACT RECKLESSLY, THERE ARE CRIMINAL ACTIONS THAT WE CAN
TAKE. BUT AT SOME POINT I WANT TO PRESENT TO THIS BODY THAT WE HAVE TO
STOP AT THE FRONT DOOR OF PEOPLE'S INDIVIDUAL HOMES. THIS BODY SEEMS
TO WANT TO START REGULATING AND LEGISLATING FOR EVERYTHING THAT CAN
HAPPEN. I GREW UP IN AN ERA WHERE WE DIDN'T HAVE AS MANY RULES, WE
DIDN'T HAVE AS MANY LAWS, WE DIDN'T HAVE AS MANY FEARS, OKAY? AND
THINGS SEEMED TO WORK OUT FINE. I THINK THERE'S A LOT MORE
RESPONSIBILITY WE HAVE TO PUT ON INDIVIDUALS. BUT ON THIS PARTICULAR
ISSUE, TO TAKE THIS MUCH TIME IN A STATE THAT OUR INFRASTRUCTURE IS
CRUMBLING, OUR BUDGET IS EXCESSIVE, OUR SPENDING IS OUT OF CONTROL, FOR
.0006 PERCENT OF THE POPULATION IS ABSOLUTELY A WASTE OF TAXPAYER
95
NYS ASSEMBLY JUNE 13, 2019
DOLLARS. I THINK WE HAVE MORE IMPORTANT THINGS TO LOOK AT. I'M NOT
SAYING HEALTH IS NOT IMPORTANT, BUT WHAT I AM SAYING IS, LET'S START
GETTING OUR PRIORITIES FOR OUR TAXPAYERS. LET'S LEAVE INDIVIDUAL
FREEDOMS ALONE. AND IF WE ATTACK RELIGIOUS FREEDOM AND IT'S AN
INDIVIDUAL'S PERSONAL RIGHT, THEN HOW CAN WE SAY WE CAN'T CONTROL A
WOMAN'S BODY? THIS -- THIS BODY HERE HAS ALWAYS SAID LEAVE AN
INDIVIDUAL'S RIGHT ALONE. THANK YOU VERY MUCH.
(APPLAUSE)
ACTING SPEAKER AUBRY: EH-HMM-HMM.
THANK YOU.
MR. JACOBSON.
MR. JACOBSON: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. JACOBSON: I THINK -- TODAY I WASN'T GOING TO
SPEAK ON THIS, BUT I THINK WE DELVED INTO BIZARRO WORLD, AND I THINK IT'S
IMPORTANT THAT WE GET THINGS BACK TO REALITY HERE. WE'RE TALKING ABOUT
THE PUBLIC HEALTH. I DON'T THINK THERE'S ANYTHING MORE IMPORTANT THAN
THE PUBLIC HEALTH. NOW, ALL RIGHTS UNDER THE CONSTITUTION ARE LIMITED.
NONE ARE ABSOLUTE. OF COURSE YOU CAN'T YELL "FIRE" IN A THEATER. AND
WHEN IT COMES TO PARENTAL RIGHTS, THERE ARE LIMITATIONS. WE DON'T ALLOW
SPANKING, USING A BELT WITH NAILS IN IT. WE HAVE RULES WHAT'S
CONSIDERED HUMANE AND NOT HUMANE. AND THAT ABSURD, ABSURD ANALOGY
TO A WOMAN'S RIGHT TO CHOOSE HAS NOTHING TO DO WITH A ONE-YEAR-OLD. A
ONE-YEAR-OLD HAS NO CHOICE. A ONE-YEAR-OLD WANTS TO LIVE AND SO FORTH.
YOU CAN'T SAY THAT WE'RE -- WE'RE VIOLATING THAT ONE-YEAR-OLD'S RIGHT TO
96
NYS ASSEMBLY JUNE 13, 2019
CHOOSE TO HAVE MEASLES. NOW, I WAS -- I WAS -- VERY REFRESHING TO HEAR
THAT ONE OF OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE IS -- WANTS TO
GET RID OF POLIO. WELL, I THINK WE SHOULD DO THAT AS WELL. IF THIS WAS
HAPPENING IN ANOTHER COUNTRY, IF THEY WERE DEBATING WHETHER TO HAVE
THESE VACCINATIONS THAT HAVE BEEN AROUND AND ELIMINATED SO MANY
DISEASES, IF THIS WAS HAPPENING IN ANOTHER COUNTRY YOU WOULD HAVE
CALLED THAT COUNTRY BARBARIC. YOU WOULD SAY THEY'RE OUT OF THE DARK
AGES. WHAT'S WRONG WITH THAT COUNTRY, WHY AREN'T THEY FOLLOWING THE
SCIENCE?
NOW, EVEN RELIGION, EVEN RELIGION IS NOT ABSOLUTE. IF
THERE WAS A RELIGION OR IN THE NAME OF RELIGION PEOPLE DECIDE THAT WE'RE
NOT GOING TO -- WE'RE NOT GOING TO SELL YOUR PRODUCTS TO THOSE OF A
DIFFERENT RACE BECAUSE THAT'S WHAT THEIR RELIGION SAYS, WE DON'T ALLOW
THAT. IF -- IF A CHURCH, SYNAGOGUE, MOSQUE OR ANY HOUSE OF WORSHIP IS
OPERATING IN SUCH A WAY TO CAUSE A PUBLIC NUISANCE, WE DON'T ALLOW
THAT. IF THERE WAS A RELIGIOUS PRACTICE THAT SAID THAT WE HAVE TO BURN
TIRES, OR WE HAVE TO POUR CHEMICALS INTO THE RIVER OR THE STREAM, WE
DON'T ALLOW THAT. SO EVERYTHING HAS SOME LIMITS. I THINK THE
EXPLANATION OF -- THAT WAS GIVEN BY THE SPONSOR THAT REALLY THIS
RELIGIOUS EXEMPTION IS MORE OF A PERSONAL EXEMPTION MORE THAN
ANYTHING ELSE, BUT EVEN IF YOU WANT TO CALL IT A RELIGIOUS EXEMPTION, I
DON'T THINK THAT ANY RELIGIOUS EXEMPTION SHOULD BE USED TO TRANSGRESS
THE PUBLIC GOOD AND THE PUBLIC HEALTH.
I REMEMBER DISCUSSING THIS WITH OTHER MEMBERS AND
THEY SAY, NOT MY RELIGION, NOT MY RELIGION. AND YOU SAY THAT WELL,
97
NYS ASSEMBLY JUNE 13, 2019
NONE OF THIS -- NONE OF THE RELIGIOUS EXEMPTIONS AFFECTS PEOPLE. WELL,
LOGICALLY, WHY DO PEOPLE CONTACT [SIC] MEASLES? BECAUSE IN THE FIRST
PLACE, THEY HAVEN'T HAD THE VACCINATION. SO, IT EITHER AFFECTS IT OR IT
DOESN'T.
ACTING SPEAKER AUBRY: GENTLEMEN, MAINTAIN
YOUR ORDER, PLEASE.
MR. JACOBSON: SO, IF IT DOESN'T AFFECT ANYTHING,
AND AS SAID BEFORE, THEN THOSE PEOPLE WHO ARE NOT GETTING THE
VACCINATION ARE RELYING ON EVERYONE ELSE TO HAVE IT. AND FOR THOSE FEW
PEOPLE THAT CAN'T HAVE IT FOR MEDICAL PURPOSES, WELL, WE PROVIDE FOR
THAT.
I JUST -- SOMETIMES WHEN YOU LOOK AT THESE ISSUES THAT
WE HAVE, I THINK WE ALL SHOULD TAKE A STEP BACK FROM THOSE PEOPLE THAT
ARE YELLING AND SCREAMING AND SAY, WE WANT THIS, AND THEN YOU GET TO
THE OTHER SIDE AND, WE WANT THAT. SOMETIMES WHEN YOU GO HOME, JUST
THINK ABOUT HOW IT WOULD BE IF YOU WERE NOT ELECTED, IF YOU WERE NOT
SERVING UP HERE. AND YOU READ THE NEWSPAPER THAT NEW YORK STATE IS
WEAKENING THE LAWS OR FAILING TO STRENGTHEN THE LAWS CONCERNING
VACCINATIONS, YOU WOULD SAY THESE PEOPLE IN ALBANY ARE NUTS UP THERE.
SO, I THINK THAT IT'S A VERY SIMPLE CHOICE TO PUT SCIENCE AND REASON
AHEAD OF -- AHEAD OF ANY... RELIGIOUS BELIEF OR BELIEF AGAINST SCIENCE,
AND LET'S JUST VOTE FOR THE PUBLIC WELFARE, FOR THE PUBLIC GOOD AND LET'S
SUPPORT THIS BILL. LET'S MOVE ON. LET'S -- LET'S MAKE SURE THAT WHEN --
THAT YOUR CHILDREN ARE GOING TO BE PROTECTED AND THAT THAT ONE-YEAR-OLD
WHO HAS NO CLUE WHAT'S GOING ON, HAS NO CLUE, WILL BE PROTECTED AS
98
NYS ASSEMBLY JUNE 13, 2019
WELL.
THANK YOU.
ACTING SPEAKER AUBRY: MR. DINOWITZ.
MR. DINOWITZ: YOU SAID YOU WANTED TO GET YOUR
SECOND 15.
MR. ABINANTI: THANK YOU, SIR.
MR. DINOWITZ: YOU'RE WELCOME.
MR. ABINANTI: I'LL BE VERY BRIEF.
ACTING SPEAKER AUBRY: GO AHEAD.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I'LL BE
VERY BRIEF. THANK YOU, MR. DINOWITZ. I APPRECIATE IT. THIS WILL NOT
AFFECT OUR FRIENDSHIP. BELIEVE IT OR NOT, WE'RE GOOD FRIENDS. WE JUST
HAPPEN TO HAVE A VERY DIFFERENT VIEW ON THIS ISSUE. AND I RESPECT MR.
DINOWITZ, WHO IS USUALLY QUITE ASTUTE ON THINGS. AND EVEN IN THIS CASE
-- NO, NO -- AND EVEN IN THIS CASE, I RESPECT HIS VIEWS AND I UNDERSTAND
WHY HE'S TRYING TO DO WHAT HE'S DOING. BUT I THINK THERE'S ANOTHER SIDE
THAT NEEDS TO BE STRESSED. AND WE'RE NOW AT A -- AT A POINT WHERE WE
HAVE TO DECIDE. ARE WE GOING TO CHANGE A SYSTEM THAT'S BEEN IN PLACE
FOR A LONG TIME? ARE WE GOING TO OUST FROM SCHOOL -- MAYBE AS SOON
AS THE NEXT COUPLE OF WEEKS IF BOTH HOUSES PASS THIS -- ALL OF THOSE KIDS
WHO ARE NOW ATTENDING SCHOOL WHO ARE NOW RELYING ON A RELIGIOUS
EXEMPTION AND ARE GOING TO BE CAST OUT ADRIFT? WHAT ARE WE GOING TO
DO WITH ALL OF THOSE KIDS WHO HAVE DISABILITIES, WHO HAVE RELIGIOUS
EXEMPTIONS? WHO NEED THE AFTER-SCHOOL PROGRAMS. WHO NEED THE
PROGRAMS THAT THEY GET IN SCHOOL SO THAT THEY CAN -- WHAT ARE WE GOING
99
NYS ASSEMBLY JUNE 13, 2019
TO DO WITH ALL THOSE KIDS WHO ARE IN EXTENDED SCHOOL PROGRAMS WHO ARE
18 AND 19 AND 20 AND 21 WHO HAVE DISABILITIES AND HAVE RELIGIOUS
EXEMPTIONS? KIDS THAT CAN'T TAKE VACCINATIONS BECAUSE OF THEIR
CONDITIONS BUT HAVE RELIGIOUS EXEMPTIONS AND NOW WILL HAVE TO FLOOD
THE DOCTORS' OFFICES TO TRY TO GET MEDICAL EXEMPTIONS. WE'RE CHANGING
THE WAY WE HAVE SEEN THINGS FOR SO MANY YEARS. AND NONE OF THESE
KIDS, NONE OF THESE PEOPLE HAVE IN ANY WAY CONTRIBUTED TO WHAT IS
BEING SEEN AS A PROBLEM.
SO I JUST WANT TO CONCLUDE, MR. SPEAKER, THAT NEW
YORK STATE HAS BEEN A LEADER IN PROTECTING THE RIGHTS OF INDIVIDUALS.
WE UNDERSTAND THAT IN A DEMOCRACY, THE MAJORITY HAS A RESPONSIBILITY
TO THE MINORITY TO PROTECT THEIR RIGHTS, AND THAT WE'VE SEEN NOTHING THAT
SHOWS THAT THE CONTINUED PROTECTION OF THESE RIGHTS FOR SOME 20- TO
25,000 PEOPLE IN THE STATE OF NEW YORK IS IN ANY WAY ENDANGERING THE
RIGHTS OF THE MAJORITY.
AND I BELIEVE THERE WAS A QUESTION THAT -- THAT
SOMEBODY WANTED TO ASK. IF THEY STILL DO, I WILL YIELD TO THAT PERSON.
ACTING SPEAKER AUBRY: IT DOES NOT APPEAR
THAT THAT'S THE CASE.
MR. ZEBROWSKI, WHY DO YOU RISE?
MR. ZEBROWSKI: I'LL JUST EXPLAIN MY VOTE LATER.
THANK YOU.
MR. ABINANTI: OKAY. THANK YOU. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. DINOWITZ TO
100
NYS ASSEMBLY JUNE 13, 2019
CLOSE.
MR. DINOWITZ: I'M GOING TO READ A -- A VERY SHORT
LIST OF MEDICAL ORGANIZATIONS THAT ARE SUPPORTING THE LEGISLATION. THE
MEDICAL SOCIETY OF THE STATE OF NEW YORK, COLUMBIA UNIVERSITY
MEDICAL CENTER, THE COUNTY HEALTH OFFICIALS -- HEALTH OFFICIALS OF
NEW YORK, THE NURSE PRACTITIONER ASSOCIATION OF NEW YORK STATE, THE
AMERICAN NURSES ASSOCIATION-NEW YORK, THE NEW YORK STATE
ACADEMY OF FAMILY PHYSICIANS, AMERICAN ACADEMY OF PEDIATRICS.
THAT -- THAT'S A VERY PARTIAL LIST. EVERY MEDICAL EXPERT, EVERY MEDICAL
ORGANIZATION, EVERY DOCTOR GROUP SUPPORTS THIS, BECAUSE THEIR PRIMARY
RESPONSIBILITY IS DEALING WITH THE HEALTH OF THE PEOPLE OF THE STATE OF
NEW YORK, PARTICULARLY THE HEALTH OF CHILDREN. AND THIS LEGISLATION IS
NOT ABOUT RELIGION AT ALL. THAT'S WHY IT'S AMENDING THE PUBLIC HEALTH
LAW. IT'S ABOUT HEALTH. IT'S ABOUT PROTECTING CHILDREN WHO ARE
VULNERABLE. CHILDREN WHO CANNOT BE VACCINATED, CHILDREN WHO CANNOT
GO OUTSIDE BECAUSE THEY MAY BE EXPOSED TO OTHER CHILDREN -- OR ADULTS,
FOR THAT MATTER -- WHO MAY CARRY A DISEASE AND ONLY CARRY IT BECAUSE OF
THE FACT THAT THEY, THEMSELVES, DID NOT GET VACCINATED. THEY MAKE A
CHOICE NOT TO GET VACCINATED, THEREBY JEOPARDIZING THE LIVES OF OTHER
PEOPLE. MANY OF YOU -- OR SOME OF YOU MAY REMEMBER A GENTLEMAN
WHO WAS A COLLEAGUE HERE SOME YEARS AGO. HE WAS IN THE LEGISLATURE
BEFORE I WAS, BUT A FEW OF YOU WOULD REMEMBER HIM, ASSEMBLYMAN
VINCENT MARCHISELLI. HE WAS ABLE TO SOMETIMES WALK USING CRUTCHES,
BUT HE WAS USUALLY IN A WHEELCHAIR. THE REASON FOR THAT IS BECAUSE HE
CONTRACTED POLIO AT A VERY YOUNG AGE. THESE DAYS, WE DON'T SEE PEOPLE
101
NYS ASSEMBLY JUNE 13, 2019
WITH POLIO. WHY IS THAT? BECAUSE WHEN I WAS A KID, THE SALK VACCINE
WAS INVENTED AND PREVENTS POLIO, JUST AS -- JUST AS PRESIDENT ROOSEVELT
HAD POLIO. WHERE -- WHERE IS POLIO NOW? VACCINES ARE MIRACLES.
THEY ARE THE MIRACLES OF THE 20TH CENTURY AND NOW THE 21ST CENTURY.
THEY'VE SAVED UNTOLD MILLIONS OF LIVES. AND NO ONE SHOULD HAVE TO BE
EXPOSED TO A DISEASE, A VACCINE-PREVENTABLE DISEASE. NO ONE SHOULD
HAVE TO BE EXPOSED WHO -- WHO THEMSELVES CAN'T GET VACCINATED
BECAUSE SOMEBODY ELSE MAKES A CHOICE, A FREE CHOICE NOT TO VACCINATE
JEOPARDIZING OTHER PEOPLE'S LIVES.
I READ THE LINE FROM THE SUPREME COURT, I'M NOT GOING
TO READ IT AGAIN. BUT THE UNITED STATES SUPREME COURT WAS CLEAR ON
THIS. THE HEALTH OF OTHER PEOPLE -- I HATE TO USE THIS WORD -- TRUMPS
PEOPLE'S RIGHT TO SAY THAT THEY DON'T WANT TO GET VACCINATED OR HAVE THEIR
CHILDREN VACCINATED. SO, I GUESS IT WAS IN THE 17TH CENTURY, ONE OF THE
MOST FAMOUS ASTRONOMERS AND PHYSICISTS, GALILEO, HE PUT FORTH A THEORY
CALLED HELIOCENTRISM THAT THE SUN, NOT THE EARTH, IS THE CENTER. I GUESS
HE SAID THE UNIVERSE, BUT THE SUN IS THE CENTER OF THE SOLAR SYSTEM AND
THE EARTH REVOLVED AROUND THE SUN. AND HE WAS TRIED AS A HERETIC
BECAUSE OF THAT. BECAUSE THE ANTI-SCIENCE PEOPLE WHO KNOW NOTHING,
THOUGHT THAT HE WAS VIOLATING THEIR RELIGIOUS BELIEFS, AND HE SPENT THE
LAST YEARS OF HIS LIFE CONFINED AS A RESULT OF THAT.
YOU KNOW, THERE ARE A LOT OF PEOPLE IN THE UNITED
STATES TODAY AND IN THE PAST WHO DON'T BELIEVE IN SCIENCE. THERE WERE
MANY PEOPLE, MAYBE EVEN TODAY, WHO DON'T BELIEVE THAT THE EARTH IS
ANYTHING OTHER THAN THE CENTER OF THE UNIVERSE. THERE ARE PROBABLY
102
NYS ASSEMBLY JUNE 13, 2019
PEOPLE WHO DON'T BELIEVE ANYTHING OTHER THAN THAT THE EARTH IS FLAT.
THERE ARE PEOPLE WHO BELIEVE THAT EVOLUTION IS NOT REAL, AND THERE ARE
PEOPLE WHO BELIEVE THAT CLIMATE CHANGE IS NOT REAL AND IS NOT MADE --
CAUSED BY PEOPLE. AND THERE ARE PEOPLE WHO DON'T BELIEVE THAT
VACCINES ARE SAFE. VACCINES ARE SAFE, THEY'VE SAVED MILLIONS OF LIVES,
AND IT'S -- IT'S THE GREATEST MIRACLE OF MEDICINE THAT EVER EXISTED. AND I
THINK THAT WE SHOULD VOTE TO PROTECT CHILDREN, BECAUSE THIS IS ABOUT
PROTECTING CHILDREN.
I BELIEVE IN MEDICINE AND I BELIEVE IN SCIENCE AND I
BELIEVE THAT WE NEED TO PROTECT CHILDREN, SO I WOULD URGE YOU TO VOTE
YES ON THIS.
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. EICHENSTEIN TO EXPLAIN HIS VOTE.
MR. EICHENSTEIN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. LET ME BEGIN BY SETTING THE RECORD
STRAIGHT. I'M PRO-VACCINATION. MY KIDS ARE ALL VACCINATED. MY KIDS
ATTEND SCHOOL THAT ARE FULLY IN COMPLIANCE, AS ALL SCHOOLS IN MY DISTRICT.
FURTHERMORE, I, FOR ONE, DO NOT BELIEVE THERE'S ANY RELIGIOUS RESTRICTION
AS IT RELATES TO VACCINATIONS. NOR HAVE I MET A SERIOUS RELIGIOUS LEADER
IN MY COMMUNITY THAT HAS RAISED HALAKHA JEWISH LAW RESTRICTIONS WITH
VACCINATIONS. IN FACT, THE ENTIRE RABBINICAL COMMUNE LEADERSHIP HAS
103
NYS ASSEMBLY JUNE 13, 2019
BEEN WORKING HAND-IN-HAND WITH OUR LOCAL MUNICIPALITY, URGING THE
COMMUNITY TO VACCINATE AND WE HAVE ACHIEVED GREAT RESULTS. AS THE
NEW YORK CITY HEALTH COMMISSIONER STATED EARLIER THIS WEEK, THE
NUMBER OF NEW CASES OF MEASLES EACH WEEK IS GOING DOWN. HOWEVER,
MY FELLOW COLLEAGUES, LET ME READ TO YOU THE FIRST AMENDMENT OF THE
UNITED STATES CONSTITUTION: "CONGRESS SHALL MAKE NO LAW RESPECTING
AN ESTABLISHMENT OF RELIGION." WE ARE HERE DEBATING SOMETHING THAT IS
BEYOND THE SCOPE OF A LEGISLATOR. BECAUSE IN AMERICA WE HAVE A
GUARANTEE OF RELIGIOUS FREEDOM THAT SURPASSES ANY OTHER NATION ON THIS
PLANET. IT IS DANGEROUS FOR US TO LEGISLATE THE -- IT IS DANGEROUS FOR A
LEGISLATIVE BODY TO PICK AND CHOOSE WHEN NEW YORKERS HAVE THEIR
FIRST AMENDMENT RIGHTS AND WHEN THEY DON'T. BECAUSE IN THE UNITED
STATES OF AMERICA WE DO NOT LEGISLATE RELIGIOUS BELIEFS.
THEREFORE, MR. SPEAKER, DESPITE MY PRO-VACCINATION
STANCE AND DESPITE MY BELIEFS THAT THERE ARE NO RELIGIOUS RESTRICTIONS, IT
IS MY CONSTITUTIONAL DUTY TO VOTE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MR. EICHENSTEIN IN
THE NEGATIVE.
MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE ON THE REPEAL OF THE EXEMPTION OF
RELIGIOUS RIGHTS FROM VACCINATION. THIS BILL HAS BEEN AN EQUALLY
CHALLENGING ISSUE FOR ME BECAUSE WE'RE TALKING ABOUT PUBLIC HEALTH
ISSUES AS WELL AS A CONSTITUTIONAL ISSUE. LIKE MANY OF MY COLLEAGUES,
I'M PRO-VACCINATION. I'M PRO-INTERVENING IN AN EMERGENCY CASE IN
104
NYS ASSEMBLY JUNE 13, 2019
WHICH HAS RECENTLY HAPPENED WITH THE MEASLE OUTBREAK. BUT I DO
BELIEVE IN UPHOLDING THE CONSTITUTIONAL RIGHTS OF CIVIL LIBERTIES TO
CHOOSE AND -- TO CHOOSE TO BELIEVE. AND AS YOU KNOW, RELIGION IS
UNDER THE PROTECTED CLASS. NOW, AS A MEMBER OF THE HEALTH
COMMITTEE, AGAIN, I'VE READ A LOT OF DOCUMENTS AND SO FORTH, BUT THEY
WEREN'T REALLY MUCH EVIDENT [SIC] THAT CORRELATED THE RELIGIOUS
EXEMPTION AND THE MEASLE OUTBREAK. AS MY COLLEAGUE MENTIONED, THIS
WHOLE BILL IS NOT ABOUT -- ABOUT VACCINATION. I THINK MOST OF US ARE FOR
VACCINATION. I WAS VAC -- I WAS VACCINATED. I HAD THE MEASLES TWICE,
EVEN AFTER I WAS VACCINATED. BUT THIS IS NOT ABOUT VACCINATION. THIS IS
ABOUT OUR CONSTITUTIONAL RIGHTS, OUR RIGHT TO CHOOSE TO EXERCISE OUR
RELIGION. AND JUST BECAUSE YOU HAVE RELIGIOUS EXEMPTIONS, AGAIN, THAT
DOESN'T MEAN THAT YOU'RE WALKING AROUND SPREADING DISEASES.
I JUST WANT TO POINT OUT, I REMEMBER IN 1990 THE FOOD
DRUG ADMINISTRATION [SIC] AND AMERICAN RED CROSS SAID THAT HAITIANS
WERE THE CREATOR OF AIDS. REMEMBER THAT. THERE WERE NO EVIDENCE
THAT WE CREATED AIDS. IN FACT, IT WAS SOMEONE OR PEOPLE WHO CAME TO
THE COUNTRY AND INFECTED THE POPULATION. AND I KNOW HOW THAT FELT
BECAUSE THERE WERE TALKS ABOUT QUARANTINING HAITIANS AND THE WEST
AFRICANS. TODAY I --
ACTING SPEAKER AUBRY: MS. BICHOTTE, HOW
DO YOU VOTE?
MS. BICHOTTE: MR. -- MR. SPEAKER, TODAY I JUST
WANT TO -- I WANT TO STAND TODAY AS A PRO-VACCINATOR AND A PRO-PUBLIC
HEALTH PERSON TO VOTE NO ON THIS BILL AND --
105
NYS ASSEMBLY JUNE 13, 2019
ACTING SPEAKER AUBRY: MR. BICHOTTE IN THE
NEGATIVE.
PLEASE, WE CAN'T EXTEND. WE HAVE TWO MINUTES.
PLEASE CONFINE YOUR REMARKS TO THOSE TWO MINUTES. I WILL,
UNFORTUNATELY, HAVE TO CUT YOU OFF.
MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE AND JUST TO CLEAR UP A FEW OF THE MISCONCEPTIONS AND
ANSWER SOME OF THE QUESTIONS THAT WERE PRESENTED ON THE FLOOR DURING
THE DEBATE. ONE, THE ROCKLAND COUNTY HEALTH DEPARTMENT HAS
SPECIFICALLY ASKED FOR THIS LEGISLATION AND HAS DEFINITIVELY STATED THAT IT
WOULD HAVE HELPED IN DEALING WITH EPIDEMIC IN ROCKLAND COUNTY.
TWO, WHETHER OR NOT IT'S LED TO -- THE RELIGIOUS
EXEMPTION HAS LED TO PEOPLE CONTRACTING MEASLES, 80 PERCENT OF THE
CASES IN ROCKLAND WERE FOLKS UNDER THE AGE OF 18. WE HAVE A
COMPULSORY EDUCATION LAW HERE IN NEW YORK STATE. THEY'RE EITHER
GETTING A RELIGIOUS EXEMPTION OR THE EVALUATION OF THE RELIGIOUS
EXEMPTION IS SO AMORPHOUS THAT IT'S VIRTUALLY IMPOSSIBLE FOR THE STATE
TO EVALUATE THE -- THE GIVING OF THOSE RELIGIOUS EXEMPTIONS. IN FACT,
ROCKLAND COUNTY HAS FOUND SEVERE UNDER-REPORTING BY SCHOOLS,
VARIOUS PRIVATE SCHOOLS, WITHIN MY COUNTY.
AND LASTLY, MR. SPEAKER, THE CDC DEFINITION -- I'M
READING FROM THE PRINCIPLES OF EPIDEMIOLOGY AND PUBLIC HEALTH
PRACTICE, THIRD EDITION, CENTERS FOR DISEASE CONTROL, WHICH -- WHICH
SAYS THAT, AN EPIDEMIC REFERS TO AN INCREASE, OFTEN SUDDEN, IN THE
106
NYS ASSEMBLY JUNE 13, 2019
NUMBER OF CASES OF A DISEASE ABOVE WHAT IS NORMALLY EXPECTED IN THE
POPULATION IN THAT AREA. THE SITUATION IN ROCKLAND COUNTY IS CLEARLY
AN EPIDEMIC VIA THAT DEFINITION AND, THEREFORE, MR. SPEAKER, IN ORDER TO
DEAL WITH THIS EPIDEMIC AND PREVENT FUTURE EPIDEMICS, I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE
AFFIRMATIVE.
MR. BARRON.
MR. BARRON: THANK YOU, MR. SPEAKER. THIS IS
ONE OF THE TOUGHEST ISSUES I HAD TO VOTE ON. I'M VOTING NO. AND THOSE
WHO SAY THAT THE VACCINATION IS TOTALLY HARMLESS, NOT TRUE. I KNOW
FAMILIES THAT HAVE SUFFERED AFTER GIVING THEIR CHILDREN THE VACCINATION.
THERE IS SOME HARM DONE.
(APPLAUSE)
THERE IS SOME HARM DONE --
ACTING SPEAKER AUBRY: PLEASE. PLEASE.
MR. BARRON: THERE IS SOME HARM DONE. AND YOU
CAN BRING IN STUDIES AND DOCTORS. BUT THERE ARE PEOPLE THAT TALKED
ABOUT CHILDHOOD AUTISM, BUT THEY HAVE STUDIES THAT SAY NO, THAT'S NOT
TRUE. YOU CAN FIND A STUDY TO SAY ANYTHING YOU WANT IT TO SAY. BUT THE
BOTTOM LINE, THE REAL LIVE PEOPLE THAT I'VE SPOKEN TO, THEIR CHILDREN WERE
SUFFERING FROM THESE VACCINATIONS. AND THE PHARMACEUTICAL COMPANIES
ARE MAKING MILLIONS OF DOLLARS TO PUSH THESE VACCINATIONS. AND IN OUR
COMMUNITY, THE BLACK COMMUNITY -- ALTHOUGH THIS IS NOT RELATED -- WE
DID HAVE AN EXPERIMENT IN AMERICA IN TUSKEEGEE WHERE THEY SHOT US
107
NYS ASSEMBLY JUNE 13, 2019
UP WITH SYPHILIS, AND SOME PEOPLE DIDN'T EVEN KNOW THAT WAS
HAPPENING. WE ALSO QUESTION WHAT'S HAPPENING WITH THE EBOLA VIRUS
AND THE HIV VIRUS. I DON'T TRUST IT. AND A LOT OF THE PEOPLE IN MY
COMMUNITY DON'T TRUST IT. AND WE DO FEEL FOR THE VULNERABLE THAT MIGHT
BE AFFECTED BY THOSE WHO DON'T GET VACCINATED, BUT THEY'RE SOME OF US
THAT ARE BEING AFFECTED WHO DO GET VACCINATED.
SO I'M VOTING NO. AND I KNOW THE MAJORITY OF THE
STUDIES AND THE MAJORITY OF THE POLLS AND ALL OF THAT SAY THAT WE SHOULD
VOTE YES, BUT I THINK THAT THERE IS A RISK WITH THIS AND WE SHOULD GIVE
THE RIGHT TO PARENTS AND THE RIGHT TO INDIVIDUALS TO DETERMINE THAT.
WHEN THEY SAY IT'S NOT A FIRST AMENDMENT RIGHT BECAUSE THE FIRST
AMENDMENT SAYS YOU CAN'T HOLLER "FIRE" IN THE MOVIE THEATER, THAT'S NOT
A FIRST AMENDMENT. BUT NO, THIS IS NOT ABOUT HOLLERING "FIRE", THIS IS
ABOUT DETERMINING THAT A VACCINATION CAN BE HARMFUL --
ACTING SPEAKER AUBRY: MR. BARRON.
MR. BARRON: SO I VOTE NO.
ACTING SPEAKER AUBRY: THANK YOU. MR.
BARRON IN THE NEGATIVE.
MR. --
(APPLAUSE/CHEERING)
SHH. MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I'M OPPOSED TO THIS BILL, BUT I WANT TO
KNOW -- I WANT THE SPONSOR TO KNOW I ADMIRE AND RESPECT HIS PASSION
ON THIS ISSUE. BUT THE PEOPLE WHO OPPOSE THIS ISSUE, MANY OF THEM
108
NYS ASSEMBLY JUNE 13, 2019
HERE TODAY, WE'VE SPOKEN TO MANY OF THEM. THEY'RE NOT FLAT EARTHERS.
THEY'RE NOT ANTI-VACCINE. THEY'RE NOT ANTI-SCIENCE. THEY BELIEVE IN
PEOPLE'S FREEDOM TO VACCINATE THEIR CHILDREN. THEY BELIEVE THAT
EVERYONE SHOULD DO WHAT THEY BELIEVE IS RIGHT FOR THEIR CHILD. THEY JUST
WANT THAT RIGHT RESPECTED WITH REGARD TO HOW THEY WANT TO CARE FOR THEIR
CHILDREN. RELIGIOUS LIBERTY IS IMPORTANT AND MUST NOT BE INFRINGED.
THIS IS AN INFRINGEMENT ON RELIGIOUS LIBERTY. THE HEALTH OF THE
COMMUNITY IS, OF COURSE, OF PARAMOUNT IMPORTANCE. BUT, AS MY
COLLEAGUE FROM WESTCHESTER SO ELOQUENTLY STATED, THERE IS NO EVIDENCE
THAT THE SMALL NUMBER OF PEOPLE WHO TAKE ADVANTAGE OR USE THE
RELIGIOUS EXEMPTION ARE HARMING THE OTHERS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE
NEGATIVE.
MR. GOTTFRIED.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. I'M A
LONGTIME STRONG ADVOCATE FOR VACCINATION AND FOR SEEKING TO GET AS
CLOSE TO 100 PERCENT VACCINATION AS POSSIBLE. I'VE STRONGLY SUPPORTED
ALL OF THE -- ALL OF THE EXPANSIONS OF VACCINE MANDATES THAT HAVE BEEN
ENACTED, AND SUPPORTED AND SPONSORED EFFORTS TO IMPROVE VACCINATION
COVERAGE FOR THE -- INSURANCE COVERAGE, RATHER, FOR THE COST OF
VACCINATIONS. THE FIRST AMENDMENT IS FUNDAMENTAL, AND WE SHOULD BE
VERY WARY OF LIMITING ITS PROTECTIONS. IT'S AN IMPORTANT PART OF PUBLIC
HEALTH PRINCIPLE THAT YOU FIRST DO EVERYTHING YOU CAN THROUGH
EDUCATION, OUTREACH, PERSUASION AND HELPING PEOPLE TO DO WHAT IS
109
NYS ASSEMBLY JUNE 13, 2019
NEEDED BEFORE TURNING TO MANDATES AND PUNISHMENTS. THE EXPERIENCE
WITH SUCH EFFORTS IN WILLIAMSBURG AND ROCKLAND COUNTY SHOWS THAT
GOOD PUBLIC HEALTH CAMPAIGNS CAN GET THOUSANDS MORE PEOPLE,
INCLUDING CHILDREN, VACCINATED. CHILD VACCINATION RATES IN NEW YORK
ARE WITHIN A POINT OR TWO OF 100 PERCENT. THAT'S ABOUT AS CLOSE TO
COMPLETE AS WE GET IN HUMAN AFFAIRS. THERE ARE ISOLATED POCKETS OF
LOW VACCINATION RATES IN SOME SCHOOLS. GOOD PUBLIC HEALTH PRACTICE IS
TO IDENTIFY THOSE POCKETS AND TAKE STEPS TO PROMOTE VACCINATION BEFORE
AN OUTBREAK HAPPENS. AND IT IS IN SUPPORT OF THOSE PUBLIC HEALTH
PRINCIPLES THAT I VOTE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
-- IN THE NEGATIVE.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. I'VE HEARD INTERESTING ANALOGIES HERE. IT'S GREAT TO RESPECT OTHER
PEOPLE'S DIETARY CONCERNS, BUT THAT HAS NOTHING TO DO WITH WHETHER OR
NOT YOU EXPOSE PEOPLE TO A COMMUNICABLE DISEASE. THERE'S -- THERE
HAVE BEEN OTHER FAIRLY BIZARRE ANALOGIES, LIKE THE RIGHT TO TERMINATE A
PREGNANCY VERSUS GOING TO SCHOOL. NOW, LET'S BE CLEAR. THIS IS ONE
PARENT DECIDING, I'M NOT VACCINATING MY CHILD, BUT I EXPECT THE SCHOOL
SYSTEM TO TAKE MY CHILD IN, DESPITE THE FACT THAT MY CHILD, BY VIRTUE OF
NOT HAVING A VACCINATION, MAY INFECT AN ENTIRE CLASSROOM. PEOPLE HAVE
USED THE RELIGIOUS EXEMPTION BECAUSE OF A PHILOSOPHICAL BELIEF IN MANY
INSTANCES, AND THIS IS ABOUT PUBLIC HEALTH. IF WE BELIEVE THAT IT'S OKAY
WHEN IT COMES TO MEASLES AND MUMPS AND RUBELLA, THEN WHY NOT OTHER
110
NYS ASSEMBLY JUNE 13, 2019
DISEASES THAT IN AN INCREASINGLY GLOBAL COMMUNITY, EVEN IF THEY ARE NOT
PRESENT NORMALLY IN OUR SOCIETY, ARE BROUGHT INTO OUR COMMUNITY AND
WE ARE NOT NECESSARILY FACING A HERD IMMUNITY? THEN WHAT DO WE DO?
WE TELL PEOPLE, WELL, WE'RE GOING TO TAKE SIX MONTHS TO REMIND PEOPLE
HOW IMPORTANT IT IS. MEANWHILE, DAMAGE IS DONE.
I -- I AM SURPRISED AND SHOCKED BY SOME PEOPLE WHO
DON'T RECOGNIZE THE NEED FOR THIS, AND I RESPECTFULLY WITHDRAW MY
REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MRS. GALEF.
MRS. GALEF: I TOTALLY BELIEVE THAT THIS IS A PUBLIC
HEALTH ISSUE. AND I'VE TOLD THIS STORY BEFORE BECAUSE IT'S THE STORY OF
MY LIFE. I WAS LIVING IN LA CROSSE, WISCONSIN UNTIL I WAS FOUR -- AND
ACTUALLY, IF YOU WANT TO KNOW, THAT WAS 75 YEARS AGO -- OH, MY
GOODNESS. ANYWAY, I'M LIVING IN LA CROSSE, WISCONSIN, AND THE ONLY
THING I REMEMBER FROM LA CROSSE, WISCONSIN WAS BEING OUT ON THE
FRONT LAWN AND HAVING THIS REALLY BIG POLICEMAN COME UP TO ME AND
SAY, LITTLE GIRL, THERE'S POLIO AROUND HERE. GET IN THE HOUSE. SO, I'M
SURE I RAN IN THE HOUSE, I WAS PROBABLY SCARED TO DEATH. AND
FORTUNATELY, I NEVER CONTRACTED POLIO. BUT I KNOW OF SO MANY OTHER
PEOPLE THAT DID DURING THAT PERIOD OF TIME, AND WASN'T IT GREAT THAT WE
FINALLY GOT A VACCINE TO TRY TO HELP US WITH THE POLIO EPIDEMIC? BUT I'D
JUST LIKE TO SAY -- AND I COMPLIMENT ROTARY FOR WHAT THEY DO, BECAUSE I
HAVE A FRIEND IN ROTARY THAT GOES TO ALL THESE COUNTRIES TO GIVE POLIO
111
NYS ASSEMBLY JUNE 13, 2019
VACCINES. BUT IT'S STARTING TO CREEP UP AGAIN. I MEAN, YOU HAVE TO
WATCH THESE THINGS. JUST BECAUSE YOU THINK THEY'RE NONEXISTENT LIKE
MEASLES, THEY CAN COME BACK AGAIN. AND, YOU KNOW, BEING THAT LITTLE
GIRL, FOUR YEARS OLD IN WISCONSIN, I DON'T WANT THESE LITTLE FOUR-YEAR-OLD
GIRLS OR BOYS IN OUR AREA TO FEAR IN ANY WAY GOING TO SCHOOL BECAUSE
THEY MIGHT GET -- CONTRACT THE MEASLES BECAUSE NOT ENOUGH PEOPLE ARE
GETTING THEIR VACCINATION SHOTS. I THINK WE REALLY HAVE TO TAKE THIS VERY
SERIOUSLY, MAKE SURE THAT THERE IS NO EXPANSION OF -- OF MEASLES. AND
WE'RE JUST STARTING TO SEE THIS EXPLOSION. IT PROBABLY ISN'T EPIDEMIC YET,
BUT IT CAN BE, YOU KNOW, IN A MONTH OR TWO OR WHATEVER.
AND SO I'M VERY MUCH SUPPORTIVE OF THIS AND I
CONGRATULATE THE SPONSOR FOR ALL OF THE WORK THAT HE'S DONE. THIS HAS
NOT BEEN AN EASY TASK. AND CERTAINLY, WITH THE VERY STRONG ADVOCATES
ON BOTH SIDES OF THE ISSUE IT HAS BEEN NOT BEEN AN EASY JOB FOR ANY OF
US. I VOTE YES. THANK YOU.
ACTING SPEAKER AUBRY: MRS. GALEF IN THE
AFFIRMATIVE.
MR. LENTOL.
MR. LENTOL: THANK YOU, MR. SPEAKER. I, TOO, AM
UNAPOLOGETICALLY IN FAVOR OF ALL VACCINATIONS. I HAVE ALWAYS BEEN
VACCINATED MY WHOLE LIFE. BUT UNFORTUNATELY, WITH THIS BILL WE'VE GONE
ASTRAY BECAUSE THE VACCINATIONS OR THE -- I'M SORRY, THE RELIGIOUS
EXEMPTIONS ARE NOT THE CULPRIT HERE. THE CULPRIT HERE IS THE
GOVERNMENT, I'M AFRAID TO TELL YOU, THAT HAS FAILED TO CORRECT
MISINFORMATION THAT IS OUT THERE, TO TALK TO PARENTS WHO ARE OUT THERE
112
NYS ASSEMBLY JUNE 13, 2019
AND DON'T UNDERSTAND THAT THERE MAY BE JUNK SCIENCE THAT THEY'RE
LISTENING TO. AND OUR GOVERNMENT NEEDS TO DO A BETTER JOB, TO TALK WITH
PARENTS AND MAYBE EDUCATE THEM IF WE BELIEVE IN -- IF WE BELIEVE IN THE
FACT THAT EVERYBODY SHOULD BE VACCINATED, AS I DO. BUT TO DO THIS, TO
TAKE AWAY THE RELIGIOUS EXEMPTION, I THINK IS ONE OF THE WORST THINGS
THAT WE CAN DO IN THIS BODY. WE'RE GOING TO MAKE MATTERS WORSE BY
SUPPRESSING PEOPLES' LIBERTIES. THAT'S WHAT WE'RE ABOUT HERE TODAY.
(APPLAUSE)
AND BY THE WAY, SUPPRESSING LIBERTY DOESN'T WORK
ANYWHERE. AND WE OUGHT NOT TO ALLOW IT HERE IN NEW YORK OR
ANYWHERE IN THE UNITED STATES OF AMERICA, A COUNTRY FOUNDED ON THE
PRINCIPLES OF FREEDOM AND LIBERTY.
(APPLAUSE)
ACTING SPEAKER AUBRY: LADIES AND
GENTLEMEN, PLEASE.
MR. LENTOL: SORRY. I GET A LITTLE EXCITED ABOUT
THIS. NOT BECAUSE OF THE RELIGIOUS LIBERTY ARGUMENT, BUT I KNOW THAT WE
COULD HAVE DONE BETTER WITH THIS BILL. IF WE WANTED TO FASHION A TRUE
EXCEPTION TO RELIGIOUS EXEMPTION, WE COULD HAVE DONE THAT. WE COULD
HAVE CURTAILED THAT EXEMPTION --
ACTING SPEAKER AUBRY: MR. LENTOL, HOW DO
YOU VOTE?
MR. LENTOL: WE SHOULD HAVE, AND I THINK WE MAY
WIND UP DOING IT ANYWAY. I VOTE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MR. LENTOL IN THE
113
NYS ASSEMBLY JUNE 13, 2019
NEGATIVE.
MS. WALLACE.
MS. WALLACE: THANK YOU FOR GIVING ME THE
OPPORTUNITY TO EXPLAIN MY VOTE. I'VE HEARD MEMBER AFTER MEMBER
QUOTE THE CONSTITUTION. YES, CONGRESS SHALL MAKE NO LAW RESPECTING
THE FREE EXERCISE OF RELIGION. BUT JUST LIKE EVERY OTHER AMENDMENT IN
THE BILL OF RIGHTS, THERE ARE LIMITS TO THE FREE EXERCISE. FOR EXAMPLE, AS
THE SUPREME COURT SAID BACK IN 1878, BY WAY OF EXAMPLE, WE WOULD
NEVER ALLOW SOMEONE TO SACRIFICE A HUMAN BECAUSE THAT -- EVEN IF THAT
WAS SOMEONE'S SINCERELY-HELD RELIGIOUS BELIEF. AND EVEN BACK IN 1990,
NOT THAT LONG AGO, THE SUPREME COURT SAID YOU CAN'T SMOKE PEYOTE EVEN
THOUGH YOUR RELIGION MAY REQUIRE THAT. SO THERE ARE LIMITS TO FIRST
AMENDMENT RIGHTS. AND THE SUPREME COURT HAS MADE REPEATEDLY CLEAR
TIME AFTER TIME AFTER TIME THAT THE FREE EXERCISE OF RELIGION MAY GIVE
WAY TO THE MANDATORY VACCINATION LAWS BECAUSE, QUOTE, "A COMMUNITY
HAS THE RIGHT TO PROTECT ITSELF IN AN EPIDEMIC OF DISEASE WHICH THREATENS
THE SAFETY OF ITS MEMBERS", END QUOTE. AND SO WHEN MR. GOODELL EATS
PORK, AND OTHERS DON'T, OR WHEN MR. GOODELL WORKS ON SATURDAY AND
OTHERS DON'T, THERE'S NOTHING --
ACTING SPEAKER AUBRY: MS. --
MS. WALLACE: -- ABOUT THAT ACTIVITY THAT INTERFERES
OR HARMS OTHER PEOPLE. AND THAT'S WHERE THE LINE GETS DRAWN. AND SO
AS TO THE FREEDOM TO DECIDE WHETHER OR NOT TO VACCINATE YOUR CHILD, THE
SUPREME COURT HAS ALSO SPOKEN TO THAT AND SAID, QUOTE, "PARENTS MAY
BE FREE TO BECOME MARTYRS THEMSELVES, BUT IT DOES NOT FOLLOW THAT THEY
114
NYS ASSEMBLY JUNE 13, 2019
ARE FREE TO MAKE MARTYRS OF THEIR CHILDREN BEFORE THEY HAVE REACHED THE
AGE OF FULL AND LEGAL DISCRETION WHEN THEY CAN MAKE THAT DECISION
THEMSELVES."
SO I PROUDLY VOTE IN THE AFFIRMATIVE BECAUSE I THINK
IT'S IN THE BEST INTERESTS OF OUR SOCIETY TO DO SO, TO PROTECT ALL OF THOSE
OTHER CHILDREN WHO ARE TOO YOUNG OR SYSTEMS ARE COMPROMISED TO GET
THE VACCINATION THEMSELVES. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
AFFIRMATIVE.
MEMBERS, WE ARE REMINDED NOT TO NAME OTHER
MEMBERS IN THE EXPLANATION OF YOUR VOTE, EVEN IF THEY ARE CHARISMATIC,
AS THE GENTLEMAN NAMED IS.
(LAUGHTER)
MR. BURKE.
MR. BURKE: THANK YOU, MR. SPEAKER. IN THIS GREAT
COUNTRY OF OURS, WE HAVE THE RIGHT TO PRACTICE OUR RELIGION AS WE SEE FIT.
BUT WE DON'T HAVE THE RIGHT TO IMPOSE OUR RELIGIOUS VALUES ON OTHERS IN
SOCIETY. AND WHEN A POTENTIAL SPREAD OF OUTBREAK AND DISEASE IS
CAUSED BY ONE PERSON OR A GROUP CLAIMING EXEMPTION AND POTENTIALLY
CAUSING THE SPREAD, THE PERSON WHO DIDN'T CHOOSE THAT WHO THEN
CATCHES THAT DISEASE, THEY'RE THE VICTIM OF HAVING SOMEONE ELSE'S VALUES
IMPOSED ON THEM. AND I COULDN'T THINK OF ANYTHING MORE UNAMERICAN.
I VOTE IN FAVOR OF THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MR. BURKE IN THE
AFFIRMATIVE.
115
NYS ASSEMBLY JUNE 13, 2019
MS. PAULIN.
MS. PAULIN: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME THE CHANCE TO EXPLAIN MY VOTE. I AM GOING TO BE VOTING YES ON THIS
LEGISLATION. YOU KNOW, WE -- WE'VE HEARD -- I'VE HEARD FROM SO MANY
-- LISTENING TO THIS DEBATE, SO MANY OF THE MEMBERS IN THIS CHAMBER
HAVE BEEN SO ARTICULATE IN EXPLAINING WHY THEY ARE FOR THIS BILL AND WHY
THEY'RE AGAINST. THE REASON THAT I HAVE DECIDED TO VOTE FOR IT IS FOR VERY
MUCH THE SAME REASON THAT I'VE HEARD MY COLLEAGUES VOTE AGAINST IT.
THERE'S A GROUP OF PEOPLE THAT THEY WANT TO PROTECT AND, THEREFORE, THEIR
VOTE IS NO. WELL, THERE'S A GROUP OF PEOPLE THAT I, TOO, WANT TO PROTECT.
I NO LONGER, YOU KNOW, PICK UP MY CHILDREN FROM SCHOOL. THEY'RE WELL
ABOVE THAT AGE. BUT I THINK ABOUT MY DAUGHTER, WHO HAS A
THREE-YEAR-OLD WHO'S ABOUT TO GO TO PRESCHOOL, AND THEN SCHOOL, PUBLIC
SCHOOL AT SOME POINT. AND I THINK, WELL, IF SHE WAS PREGNANT AGAIN AND
PICKING UP THAT CHILD, WHAT IF THE IMMUNITY -- YOU KNOW, SHE'S IN THAT
AGE CATEGORY WHERE WE'RE UNSURE OF HER IMMUNITY, WHEN THEY GOT ONE
SHOT AS OPPOSED TO TWO. WE THINK SHE'S IMMUNE. WE THINK A LOT OF
THOSE SAME INDIVIDUALS ARE IMMUNE. THEY'RE OF CHILDBEARING AGE NOW,
AND, YOU KNOW, WHAT -- IF YOU CATCH MEASLES WHEN YOU'RE PREGNANT
THERE'S -- YOU COULD BE -- YOU COULD GET -- HAVE A MISCARRIAGE, STILLBIRTH.
THERE ARE COMPLICATIONS OF THE CHILD ITSELF, THEY COULD DEVELOP
MEASLES. SO WHERE I CAME COME DOWN ON THIS -- AND THEY'RE BRINGING
THEIR BABIES WHO ARE NOT IMMUNIZED UNTIL THEY'RE A YEAR OLD. THAT'S THE
SCHOOL ENVIRONMENT. THE SCHOOL ENVIRONMENT IS FILLED WITH THESE
YOUNG WOMEN WHO ARE PREGNANT AND ARE BRINGING BABIES, AND THOSE ARE
116
NYS ASSEMBLY JUNE 13, 2019
THE POP --
ACTING SPEAKER AUBRY: MS. --
MS. PAULIN: -- THAT'S THE POPULATION THAT I'VE
DECIDED TO --
ACTING SPEAKER AUBRY: MS. PAULIN.
MS. PAULIN: -- COME DOWN ON. SO I VOTE YES.
THANK YOU.
ACTING SPEAKER AUBRY: MS. PAULIN IN THE
AFFIRMATIVE.
MS. SIMON.
MS. SIMON: THANK YOU, MR. SPEAKER. I WOULD LIKE
TO ADDRESS THE FIRST AMENDMENT AND THE FREE EXERCISE OF RELIGION. AS
LONGSTANDING SUPREME COURT CASE LAW HAS HELD, THAT A FUNDAMENTAL
CONSTITUTIONAL RIGHT FALLS IN THE FACE OF A COMPELLING STATE INTEREST. THE
PUBLIC'S HEALTH OF ITS CHILDREN IS SUCH A COMPELLING STATE INTEREST. IN
JACOBSON V. MASSACHUSETTS, THE COURT -- THE SUPREME COURT OF THE
UNITED STATES HELD THAT THE LIBERTY SECURED BY THE CONSTITUTION OF THE
UNITED STATES TO EVERY PERSON WITHIN ITS JURISDICTION DOES NOT IMPORT AN
ABSOLUTE RIGHT TO EACH PERSON TO BE AT ALL TIMES AND IN ALL CIRCUMSTANCES
WHOLLY FREED FROM RESTRAINT. THERE ARE MANIFOLD RESTRAINTS TO WHICH
EVERY PERSON IS NECESSARILY SUBJECT FOR THE COMMON GOOD. ON ANY
OTHER BASIS, ORGANIZED SOCIETY COULD NOT EXIST WITH SAFETY TO ITS
MEMBERS.
I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
117
NYS ASSEMBLY JUNE 13, 2019
AFFIRMATIVE.
MR. LAVINE.
MR. LAVINE: THANKS. I -- I'VE BEEN TORN, AND I
THINK MANY OF US ARE TORN. THROUGHOUT THE ENTIRE DEBATE, I'VE BEEN
TEXTING WITH A FRIEND -- ACTUALLY, SOMEONE I KNOW ALL HIS LIFE WHO I
HAVE GREAT RESPECT FOR -- WHO WANTS ME TO VOTE NO ON THIS BILL. BUT IT
SEEMS TO ME THAT I'M GOING TO VOTE YES. NOW, WE -- SOME HAVE SAID
THIS ISN'T ABOUT VACCINATION. BUT IT IS ABOUT VACCINATION. AT THE SAME
TIME, IT IS ABOUT RELIGION. AND THE -- THE PASSIONS -- THE PASSIONS RISE
WHEN WE DISCUSS ANYTHING HAVING TO DO WITH ANYONE'S CONCEPT OF -- OF
FAITH. BUT I THINK WE HAVE TO RELY ON JEFFERSON'S VIEW THAT THERE MUST
BE THIS STRONG AND TALL WALL BETWEEN MATTERS OF STATE AND MATTERS OF
FAITH. I AM PERSUADED BY LISTENING TO MY COLLEAGUES FROM ROCKLAND
COUNTY, WHICH IS IN THE MIDST OF A PUBLIC HEALTH CRISIS BECAUSE OF
MEASLES. AND I FEAR WE ARE AT THE EDGE OF A CLIFF, A VERY DEEP AND A
VERY DANGEROUS CLIFF. AND I FEAR IF WE DON'T ACT, IF WE DON'T PASS THIS
BILL, THAT WE WILL MAKE MATTERS WORSE FOR EVERY CHILD IN THE STATE OF
NEW YORK AND EVERY PERSON IN THE STATE OF NEW YORK.
SO I'M GOING TO BE VOTING IN THE -- IN THE AFFIRMATIVE.
AND IT SEEMS TO ME THAT IF I'M MAKING A MISTAKE, I'D RATHER MISTAKE --
MAKE THAT MISTAKE ON THE SIDE OF PUBLIC HEALTH AND THE PUBLIC GOOD.
AND THAT'S WHAT I'VE GOT TO SAY, AND I'M VOTING YES.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. WEPRIN.
118
NYS ASSEMBLY JUNE 13, 2019
MR. WEPRIN: THANK YOU, MR. SPEAKER. I'D LIKE TO
BE EXCUSED FROM VOTING TO EXPLAIN MY VOTE. I FEEL THAT EVERYONE
SHOULD BE VACCINATED. I'VE -- MY ENTIRE FAMILY IS VACCINATED, BUT I
THINK THERE HAS BEEN NO LINK TO THE MEASLES CRISIS AND THE RELIGIOUS
EXEMPTIONS. AS WAS POINTED OUT, IT'S A VERY LOW PERCENTAGE OF
INDIVIDUALS IN GENERAL IN NEW YORK STATE THAT HAVE A RELIGIOUS
EXEMPTION. AND ONCE WE GO DOWN THIS PATH OF REPEALING RELIGIOUS
EXEMPTIONS, IT'S A SLIPPERY SLOPE. AND WHO KNOWS WHAT THE -- THE NEXT
STEP WILL BE, AND WHO IS TO DEFINE WHAT SOMEONE'S RELIGIOUS BELIEFS ARE,
WHAT'S A RELIGIOUS BELIEF TO ONE PERSON OR INDIVIDUAL OR RELIGION IS NOT A
RELIGIOUS BELIEF TO EVERYONE ELSE. SO -- AND I DO BELIEVE THAT IT'S IN THE
POWER OF THE LOCAL HEALTH DEPARTMENTS AND THE STATE HEALTH DEPARTMENT
TO DECLARE EMERGENCIES UNDER EXISTING LAW AND TO MANDATE THAT
EVERYONE BE VACCINATED IN THE CASE OF A CRISIS. AND WE MAY BE IN A
CRISIS, WE MAY NOT BE. BUT THIS IS NOT THE APPROACH BY REPEALING
RELIGIOUS EXEMPTIONS IN THE LAW, WHICH HAS BEEN IN THE LAW FOR MANY
YEARS.
SO FOR ALL OF THOSE REASONS, I WITHDRAW MY REQUEST AND
VOTE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
NEGATIVE.
MS. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: THANK YOU, MR. SPEAKER. I, TOO, HAVE
SPENT A LOT OF TIME LISTENING TO THIS, AND EARLIER THIS YEAR I HAD ALSO
INTRODUCE A RELATED BILL REGARDING IMMUNIZATION AND VACCINES. AND
119
NYS ASSEMBLY JUNE 13, 2019
WHILE I THINK THERE ARE A NUMBER OF CASES THAT HAVE BEEN MADE OR A
NUMBER OF COMMENTS THAT HAVE BEEN RAISED, WHAT REALLY CAUGHT MY
ATTENTION MUCH EARLIER THIS YEAR IS WHEN THE WORLD HEALTH ORGANIZATION
ANNOUNCED THAT BECAUSE OF THE VACCINE HESITANCY, THAT WE WERE AT RISK
OF A -- A HEALTH CRISIS AND THAT IT WAS ONE OF THE TEN GREATEST HEALTH
CRISES TO WORLD HEALTH IN GENERAL. NEW YORK STATE WAS THE HOME OF
ONE OF THE LARGEST OUTBREAKS IN YEARS. AND WHILE I DO THINK THERE ARE A
NUMBER OF ISSUES THAT HAVE BEEN RAISED -- WHEN MY SON WAS AN INFANT,
HE, TOO, HAD A VERY SEVERE REACTION TO A VACCINE. SO I LISTENED VERY
CAREFULLY TO THOSE WHO RAISED THE CONCERNS AND I SHARED A LOT OF
HESITANCY AS MY CHILDREN WERE GROWING UP BUT ALWAYS ERRED ON THE SIDE
OF CAUTION, AND THAT IS VACCINATING MY CHILDREN. BUT IN THE END, WHAT
WE SAW AND WHAT WE HAVE HEARD IS THAT WHAT WE DO IN OUR OWN
PERSONAL LIVES IS ONE THING WITH OUR OWN FAMILIES, BUT WHEN WE PUT THE
REST OF THE PUBLIC AT RISK, IT TAKES ON ANOTHER MEANING AND IT'S ANOTHER
MATTER. AND IN THE END, BECAUSE OF THE DROPS IN VACCINATION RATES, I
KNOW THIS BILL DOES NOT GIVE ALL THE ANSWERS WE NEED. I KNOW THERE IS
MORE WORK TO DO BECAUSE THE RELIGIOUS EXEMPTIONS ARE ONLY ONE PART OF
THIS. SO THERE IS MORE WORK TO BE DONE. BUT IN THE END, I HAVE TO VOTE
AFFIRMATIVELY BECAUSE I BELIEVE THAT THIS IS IN THE INTEREST OF THE PUBLIC
AT-LARGE, AND THAT IS THE SAFETY OF THE PUBLIC AT-LARGE, AND VACCINES HAVE
BEEN WHOLLY ENDORSED BY THE MEDICAL COMMUNITY.
AND WITH THAT, AGAIN, I AM VOTING IN THE AFFIRMATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
120
NYS ASSEMBLY JUNE 13, 2019
AFFIRMATIVE. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER.
(BOOING/JEERING/YELLING)
(ACTING SPEAKER AUBRY BANGING GAVEL.)
(PAUSE)
(ACTING SPEAKER AUBRY BANGING GAVEL.)
ACTING SPEAKER AUBRY: LADIES AND
GENTLEMEN, SHH. LADIES AND GENTLEMEN, SHH. LADIES AND GENTLEMEN.
LADIES AND GENTLEMEN.
(JEERING/YELLING)
LADIES AND GENTLEMEN. LADIES AND GENTLEMEN. WE
APPRECIATE THAT YOU HAVE STAYED HERE. WE WOULD APPRECIATE YOU
CONTINUE TO RESPECT THE HOUSE. YOU HAVE THE PERFECT FREEDOM TO GO
OUTSIDE AND MAKE THE NOISE YOU WANT, BUT WE WILL NOT ALLOW IT IN
CHAMBERS [SIC]. WE ARE STILL IN SESSION.
MR. GOODELL.
MR. GOODELL.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
PLEASE CALL THE HOUSE IN RECESS?
ACTING SPEAKER AUBRY: THE HOUSE WILL STAND
121
NYS ASSEMBLY JUNE 13, 2019
IN RECESS.
(WHEREUPON, THE HOUSE STOOD IN RECESS.)
******
ACTING SPEAKER JONES: THE HOUSE WILL COME
BACK TO ORDER.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WE ARE GOING TO GO BACK TO WHERE WE LEFT OFF AT, ON PAGE 15.
WE'LL BE STARTING WITH 138 BY MR. PALUMBO. I WILL SAY, THOUGH, MR.
SPEAKER, IT'S BEEN A LONG DAY THUS FAR. WE DO HAVE A NUMBER OF BILLS
THAT WE CAN STILL GET THROUGH ON CONSENT, AND WE ARE GOING TO HAVE TO
CALL AT LEAST THREE ADDITIONAL COMMITTEE MEETINGS. IN FACT, WHEN I'M
DONE SPEAKING, IF YOU COULD CALL THE CODES COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM WE WILL START THERE. AND FOLLOWING CODES WE WILL
DO WAYS AND MEANS AND RULES.
MR. SPEAKER, THAT'S THE GENERAL ORDER OF WHERE WE'RE
GOING THIS EVENING. I BELIEVE MR. GOODELL HAS SOME COMMENTS HE'D
LIKE TO MAKE, AND CALL CODES SOON AS HE'S DONE, PLEASE.
ACTING SPEAKER JONES: MR. GOODELL FOR AN
INTRODUCTION.
MR. GOODELL: THANK YOU, MR. SPEAKER. AS YOU
MAY RECALL, I -- I STARTED AN INTRODUCTION BEFORE WE TOOK A RECESS, AND
HAD SUCH A WILD AND ENTHUSIASTIC RESPONSE I WAS UNABLE TO COMPLETE IT
BECAUSE THE PEOPLE WERE SO EXCITED TO SEE OUR FORMER FLOOR LEADER,
122
NYS ASSEMBLY JUNE 13, 2019
TOM MCKEVITT, JOINING US HERE ON THE FLOOR. AND WE LOVE IT WHEN MR.
MCKEVITT COMES BACK AND SEES HOW SMOOTHLY WE OPERATE HERE ON THE
ASSEMBLY, HOW THINGS HAVE CHANGED FOR THE BETTER. AND, OF COURSE, WE
ARE DELIGHTED TO HAVE HIM HERE BECAUSE WE VALUE HIS COUNSEL, WHICH HE
IS FREE TO SHARE WITH US AT ANY TIME.
SO IF YOU WOULD AGAIN WELCOME OUR FORMER FLOOR
LEADER, TOM MCKEVITT, A GREAT FRIEND TO ALL OF US HERE, TO THE FLOOR OF
THE ASSEMBLY.
ACTING SPEAKER JONES: CERTAINLY. ON BEHALF
OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS HERE, MR. MCKEVITT,
I'M SURE YOU MISS THIS PLACE, ESPECIALLY WITNESSING WHAT YOU JUST DID A
COUPLE OF MINUTES AGO.
(LAUGHTER)
BUT, OF COURSE, YOU ARE ALWAYS WELCOME HERE. YOU
ARE ONE OF US, YOU ARE FAMILY. SO ON BEHALF OF EVERYONE, THANK YOU FOR
JOINING US. I HOPE YOU ENJOY THE PROCEEDINGS. AND, OF COURSE, THE
PRIVILEGES OF THE FLOOR ARE ALWAYS YOURS. SO, WELCOME BACK.
(APPLAUSE)
CODES COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM.
PLEASE MAKE YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM IF YOU'RE ON
THE CODES COMMITTEE.
PAGE 15, RULES REPORT NO. 138, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05806, RULES REPORT
NO. 138, PALUMBO, DESTEFANO, MORINELLO, FRIEND. AN ACT TO AMEND
CHAPTER 399 OF THE LAWS OF 2008 RELATING TO GIVING CERTAIN
123
NYS ASSEMBLY JUNE 13, 2019
WESTCHESTER COUNTY TOWN BOARDS THE DISCRETION TO CHANGE SPEED LIMITS,
IN RELATION TO GIVING THE TOWN BOARD OF THE TOWN OF RIVERHEAD,
COUNTY OF SUFFOLK, THE DISCRETION TO CHANGE SPEED LIMITS.
ACTING SPEAKER JONES: HOME RULE MESSAGE IS
AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW GO TO OUR DEBATE LIST. WE'RE GOING TO TAKE UP THE BILLS IN THIS
ORDER: RULES REPORT NO. 77 IS ON PAGE 5 IT'S BY MR. ABBATE. RULES
REPORT NO. 163 IS ON PAGE 29 BY MS. ROSENTHAL. AND RULES REPORT
NO. 246 BY MR. BLAKE IS ON PAGE 35. FOLLOWING THAT, MR. SPEAKER,
WE'RE GOING TO GO TO CALENDAR NO. 525 ON PAGE 52 BY MR. RYAN, AND
CALENDAR NO. 536 ON PAGE 53 BY MR. GOTTFRIED. IN THAT ORDER, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
124
NYS ASSEMBLY JUNE 13, 2019
THE CLERK: SENATE NO. S03675, RULES REPORT NO.
77, SENATOR GOUNARDES (A04432, ABBATE, COLTON). AN ACT TO AMEND
THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ACCIDENTAL
DISABILITY RETIREMENT FOR UNIFORMED COURT OFFICERS AND PEACE OFFICERS
EMPLOYED IN THE UNIFIED COURT SYSTEM.
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. DENDEKKER TO -- NOPE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 39, CALENDAR NO. 163.
(PAUSE)
THE CLERK: ASSEMBLY NO. A07289, CALENDAR NO.
163, BARRETT. AN ACT TO AMEND THE REAL PROPERTY TAX LAW.
ASSEMBLY NO. A00456-A, CALENDAR NO. 163,
L. ROSENTHAL, BLAKE. AN ACT TO AMEND THE BUSINESS CORPORATION LAW
AND THE NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO REQUIRING THE
BOARD OF DIRECTORS OF RESIDENTIAL COOPERATIVE CORPORATIONS AND
NOT-FOR-PROFIT CORPORATIONS TO PROVIDE TENANTS WITH CHANGES TO THE
BY-LAWS IN WRITING WITHIN TEN DAYS OF ADOPTION; IN RELATION TO
NOTIFICATION TO TENANTS OF CHANGES AFFECTING OCCUPANCY OR THE RULES OF
125
NYS ASSEMBLY JUNE 13, 2019
THE BUILDING.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE -- SENATE
BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, JUST A BIT
OF A GLITCH ON THE PAGE NUMBERS THAT WERE ISSUED EARLIER. SO, WE'RE
GOING TO GO TO THE NEXT BILL. IT'S CALENDAR NO. 246 BY MR. BLAKE, AND
IT'S ACTUALLY ON PAGE 46. AND THEN OUR SECOND TWO BILLS THAT WILL BE ON
DEBATE IS CALENDAR NO. 525 BY MR. RYAN. IT'S ACTUALLY ON PAGE 62.
AND MR. GOTTFRIED'S 536 IS ACTUALLY ON PAGE 63.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05175, CALENDAR NO.
246, BLAKE, BARRON, COOK, CRESPO, DE LA ROSA, GOTTFRIED, HYNDMAN,
126
NYS ASSEMBLY JUNE 13, 2019
MOSLEY, ORTIZ, PHEFFER AMATO, PICHARDO, RICHARDSON, SEAWRIGHT,
TAYLOR, WALKER, ARROYO. AN ACT TO AMEND THE PRIVATE HOUSING
FINANCE LAW, IN RELATION TO ESTABLISHING AN ELECTRONIC AUTOMATED
SYSTEM FOR APPLICATIONS AND WAITING LISTS, AND TO DEVELOP A WRITTEN
PROCEDURE FOR APPLICANT SELECTION AND REJECTION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06062, CALENDAR NO.
525, RYAN, GOTTFRIED, WRIGHT. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO PROHIBITING THE EXCLUSION OF COVERAGE FOR LOSSES OR DAMAGES
CAUSED BY EXPOSURE TO LEAD-BASED PAINT.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. RYAN.
MR. RYAN: THIS BILL WOULD PROHIBIT A PRACTICE
CALLED THE LEAD POISONING EXCLUSION THAT'S CURRENTLY FOUND IN MOST
GENERAL LIABILITY INSURANCE POLICIES. CURRENTLY, THE DEPARTMENT OF
FINANCIAL SERVICES SPECIFICALLY ALLOWS AN INSURANCE COMPANY TO WRITE
GENERAL LIABILITY POLICIES THAT SPECIFICALLY EXCLUDE LEAD POISONING
127
NYS ASSEMBLY JUNE 13, 2019
CLAIMS FROM THEIR COVERAGE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH. WOULD THE
SPONSOR YIELD?
MR. RYAN: YES, I WILL.
ACTING SPEAKER AUBRY: MR. RYAN YIELDS.
MR. GOODELL: THANK YOU, MR. RYAN. IT'S MY
UNDERSTANDING THAT OVER THE LAST SEVERAL YEARS, THE INCIDENCE OF LEAD
BEING DETECTED IN CHILDREN HAS DROPPED DRAMATICALLY. I SAW THERE WAS
AN 84 PERCENT DROP FROM MARCH 2009 TO 2000 -- I'M SORRY, FROM 2004
TO 2009. WELL, WHAT IS THE PERCENTAGE OF CHILDREN THAT HAVE ANY
INDICATION OF LEAD CURRENTLY?
MR. RYAN: IT'S INTERESTING, MR. GOODELL. SO
STATEWIDE, THE NUMBERS OF PEOPLE POISONED HAVE DROPPED, MOSTLY
BECAUSE OF LEAD AWARENESS PROGRAMS. BUT -- BUT HERE -- HERE IS WHAT
THE STATISTICS DON'T SHOW. IN CITIES LIKE THE CITY OF BUFFALO, REUTERS
RECENTLY DID AN INVESTIGATION WHERE THEY FOUND THAT FOUR ZIP CODES IN
THE CITY OF BUFFALO HAD OVER 40 PERCENT OF THE CHILDREN WHO WERE
TESTED TESTED FOR HIGH LEAD LEVELS. SO IT APPEARS AS THOUGH THE LEAD
POISONING PROBLEM IN NEW YORK STATE IS MOSTLY DEFINED IN CLUSTERS.
AND IT'S DEFINED IN CLUSTERS WHERE THERE SEEMS TO BE A PERFECT STORM OF
AGING HOUSING STOCK COMBINED WITH POORLY MAINTAINED HOUSING STOCK.
SO YOU'LL SEE IN CITIES LIKE BUFFALO, SYRACUSE, UTICA, BINGHAMTON,
REALLY HIGH LEAD POISONING RATES. BUT YOU WON'T SEE THOSE RATES IN THE
SUBURBS, BECAUSE MOSTLY AFTER 1978 WHEN THE PAINT WAS STOPPED BEING
128
NYS ASSEMBLY JUNE 13, 2019
USED WIDELY, NO NEW-BUILD CONSTRUCTIONS HAPPENED ANYMORE. SO THE
NEWER-BUILT, THE BETTER-MAINTAINED HOUSES, LESS OF A PROBLEM BECAUSE
OF THE AWARENESS. THE POORLY MAINTAINED, OLDER RENTAL STOCK, MORE
ACUTE PROBLEM BECAUSE WHILE THERE IS AWARENESS, THERE'S NOTHING IN THE
VIRTUOUS ECONOMIC CYCLE WHICH WOULD MAKE ANY LANDLORD DO REPAIRS TO
THEIR PREMISES.
MR. GOODELL: AND, OF COURSE, THIS BILL DOESN'T
IMPOSE NEW STANDARDS ON LANDLORDS, DOES IT?
MR. RYAN: IT DOESN'T IMPOSE STANDARDS. BUT YOU
HAVE TO UNDERSTAND THE HISTORY OF THE EXEMPTION. SO, THROUGHOUT THE
HISTORY, THE DEPARTMENT SAID, WE DON'T ALLOW LEAD EXEMPTIONS, AND
THEN THEY ALLOWED LEAD EXEMPTIONS. NOW WE'RE BACK TO NOT ALLOWING
LEAD EXEMPTIONS. SO FOR NEARLY 20 YEARS, YOU KNOW, LANDLORDS HAVE
GOTTEN INSURANCE POLICIES. THEY PAY THE MONEY TO THEIR INSURANCE
COMPANY, SOMEONE GETS POISONED ON THEIR PREMISES AND THEY SUBMIT A
CLAIM. AND GUESS WHAT THE LANDLORD'S TOLD? YOU HAVE TO GO TO PAGE 46
IN THE SMALL PRINT, AND IN THAT SMALL PRINT IT SAYS WE DON'T COVER LEAD
POISONING CLAIMS. SO THAT LEAVES THE LANDLORD IN A LURCH FOR A PRODUCT
THEY THOUGHT THEY WERE PAYING FOR, BUT MORE IMPORTANTLY, THE FAMILY OF
THE CHILD WHO WAS POISONED IS LEFT WITH NO RECOURSE. AND GUESS WHO
PAYS FOR THAT, MR. GOODELL? EVERY TAXPAYER OF NEW YORK STATE. SO
WE ARE PAYING FOR THE MEDICAL AND THE HOSPITALIZATION FOR KIDS WHO ARE
POISONED BY LEAD. WE THEN PAY FOR SPECIAL EDUCATION SERVICES FOR
CHILDREN WHO ARE POISONED BY LEAD. AND GOD FORBID IF THE POISONING IS
SEVERE ENOUGH, WE PAY FOR VESID SERVICES FOR THAT, ALL BECAUSE THE
129
NYS ASSEMBLY JUNE 13, 2019
SUPERINTENDENT AND THE DEPARTMENT HAVE ALLOWED INSURANCE COMPANIES
TO SPECIFICALLY NOT COVER THIS INJURY. THEY DON'T ALLOW THEM TO SAY,
WE'RE NOT GOING TO COVER TRAMPOLINE INJURIES. WE'RE NOT GOING TO
COVER SLIP AND FALLS ON STAIRWAYS. JUST LEAD PAINT.
MR. GOODELL: SO MY QUESTION, THEN, IS A LITTLE BIT
OF A FOLLOW-UP. IS THERE A RECOGNIZED CAUSE OF ACTION BY A TENANT
AGAINST A LANDLORD FOR THE PRESENCE OF LEAD?
MR. RYAN: YEAH, THERE IS A RECOGNIZED CAUSE OF
ACTION. MOST CASES DON'T PROCEED NOT BECAUSE OF LACK OF PROOF, BECAUSE
OF LACK -- LACK OF MONEY. NO ONE'S GOING TO SUE A LANDLORD FOR A VALUE
OF A HOUSE, ESPECIALLY THE HOUSING STOCK WE'RE TALKING ABOUT. OFTEN,
THE RENTAL PROPERTIES ARE VALUED AT UNDER $50,000. SO USUALLY WHEN
THERE'S NO INSURANCE COVERAGE, THE -- THE LAWSUIT DISAPPEARS. SO
ORDINARILY WHEN THE RESPONSE COMES BACK THAT THERE'S NO INSURANCE
COMPANY -- NO INSURANCE COVERAGE, THE CLAIM GOES AWAY.
MR. GOODELL: IT'S MY UNDERSTANDING THAT MOST OF
THESE POLICIES ARE WRITTEN ON A 36-MONTH TIME PERIOD, A THREE-MONTH --
OR A THREE-YEAR PERIOD. BUT THIS BILL ONLY APPLIES -- APPLIES AND
BECOMES EFFECTIVE IN 26 MONTHS. WHY 26 MONTHS RATHER THAN A TYPICAL
36-MONTH INSURANCE POLICY?
MR. RYAN: WE CHOSE 26 MONTHS FOR TWO REASONS:
ONE IS TO GET THE WORD OUT THERE TO ALL THE INSURANCE COMPANIES, AND
BECAUSE IT'S MY UNDERSTANDING THE POLICIES ARE GENERALLY WRITTEN ON A
24-MONTH BASIS, NOT A 36-MONTH BASIS. SO WE CHOSE 24 AND ADDED TWO
MONTHS FOR -- FOR LEAD TIME.
130
NYS ASSEMBLY JUNE 13, 2019
MR. GOODELL: WELL, WHAT I'VE BEEN TOLD BY THE
AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION IS THAT IT'S A
MANDATORY THREE-YEAR POLICY TERM UNDER CURRENT LAW. SHOULDN'T THIS
THEN TRACK THAT TIME PERIOD RATHER THAN TRYING TO IMPOSE NEW STANDARDS
IN THE MIDDLE OF A CONTRACT TERM?
MR. RYAN: YEAH, THAT'S NOT MY UNDERSTANDING. MY
-- MY UNDERSTANDING IS THE PRACTICE IS -- IS 24 MONTHS.
MR. GOODELL: NOW, ALSO, THE INSURANCE INDUSTRY
HAS SAID THAT THEY BELIEVE THAT THIS WILL HAVE A MAJOR IMPACT ON
PREMIUMS. HAVE YOU BEEN IN CONTACT WITH ANY OF THE INSURANCE
COMPANIES AND GETTING AN IDEA FROM THEM WHAT KIND OF AN IMPACT IT
WOULD HAVE ON INSURANCE PREMIUMS?
MR. RYAN: I HAVE SPOKEN TO THEM, AND THEY VOICED
CONCERN THAT THIS COULD MAKE PREMIUMS GO UP. AND I DID ASK FOR ANY
DATA OR ANY IDEA OF HOW MUCH AND THE ANSWER WAS, YOU KNOW, WE
DON'T HAVE THAT DATA, BUT WE THINK IT'S GOING TO MAKE IT GO UP. I DID
REMIND THEM THAT FOR, YOU KNOW, DECADES IN NEW YORK STATE THIS
COVERAGE WAS A ROUTINE PART OF -- OF INSURANCE, BUT IT WAS REALLY
THROUGH SUCCESSFUL LOBBYING THAT BY ADMINISTRATIVE ACTION THEY WERE
GIVEN PERMISSION, YOU KNOW, NOT -- NOT TO COVER THIS PARTICULAR CLAIM.
MR. GOODELL: NOW, EVEN WITH THIS BILL IN PLACE,
LANDLORDS HAVE NO OBLIGATION TO PURCHASE INSURANCE, CORRECT?
MR. RYAN: NO. THEY DON'T HAVE ANY OBLIGATION.
MOST LANDLORDS, YOU KNOW, DO PURCHASE INSURANCE. PRIMARILY BECAUSE
INSTEAD OF -- NOT BECAUSE OF CLAIMS FROM INJURIES, BUT BECAUSE OF IF
131
NYS ASSEMBLY JUNE 13, 2019
THERE'S A CATASTROPHIC LOSS OR A FIRE ON THE PROPERTY. AND AS YOU KNOW,
MR. GOODELL, ANYBODY WHO CARRIES A MORTGAGE IS REQUIRED BY THEIR
BANK ALSO TO CARRY INSURANCE.
MR. GOODELL: WELL, THE ONLY THING A MORTGAGE
CARRIER REQUIRES IS CASUALTY INSURANCE, NOT LIABILITY INSURANCE. BUT THIS
IS NOT CHANGED BY THIS, CORRECT?
MR. RYAN: IT IS NOT.
MR. GOODELL: OKAY. THANK YOU VERY MUCH, MR.
RYAN.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I APPRECIATE MR. RYAN'S FOCUS ON
ADDRESSING LEAD. AS YOU KNOW, WE'VE HAD OTHER BILLS ADDRESSING THE
LEAD CONTENT IN DRINKING WATER AND OTHER EFFORTS. AND, THANKFULLY, THE
AMOUNT OF LEAD EXPOSURE HAS DRAMATICALLY. OVER THE LAST SEVERAL YEARS
WE'VE SEEN A 64 PERCENT DROP, WHICH IS VERY POSITIVE NEWS.
UNFORTUNATELY, WHAT HAPPENS IS IF YOU REQUIRE THIS INSURANCE, WE'VE
BEEN ADVISED BY THE INSURANCE INDUSTRY THAT THERE WILL BE A SIGNIFICANT
INCREASE IN THE PREMIUMS. AND WHEN THAT HAPPENS, TWO THINGS HAPPEN:
FIRST, IF THE -- A LOT OF THE LANDLORDS SIMPLY WON'T BUY LIABILITY
INSURANCE. AND THE VERY LANDLORDS WHO WON'T BUY LIABILITY INSURANCE
ARE THE VERY LANDLORDS THAT WERE IDENTIFIED BY MY COLLEAGUE AS HAVING
OLDER HOUSING STOCK THAT'S NOT WELL-MAINTAINED BECAUSE THEY DON'T HAVE
MUCH AT RISK. AND WHEN THE COST OF INSURANCE GOES UP, THE NUMBER OF
132
NYS ASSEMBLY JUNE 13, 2019
PEOPLE THAT BUY IT GOES DOWN. THE SECOND THING THAT WILL HAPPEN IS FOR
THOSE THAT DO BUY INSURANCE, THE INCREASED COST WILL BE PASSED ON IN THE
FORM OF HIGHER RENT. AND, OF COURSE, THAT HIGHER RENT CREATES A NEW
BURDEN FOR THE TENANTS. AND AS MY COLLEAGUE POINTED OUT, THOSE ARE
TYPICALLY TENANTS THAT ARE IN OLDER HOUSES WHERE THE RENT WOULD
NORMALLY BE LOWER BECAUSE THEY CAN'T AFFORD A HIGHER RENT. AND SO
THERE'S UNINTENDED CONSEQUENCES ON THIS THAT GO WELL BEYOND THE INITIAL
INTENT OF THE BILL.
AND SO WHILE I CERTAINLY APPRECIATE AND SUPPORT THE
DESIRE TO REDUCE LEAD EXPOSURE AND AM VERY THANKFUL WE'RE MAKING
TREMENDOUS PROGRESS, I'M HESITANT TO SUPPORT A BILL THAT WOULD KICK IN
IN THE MIDDLE OF A POLICY PERIOD, IN VIOLATION OF THE US CONSTITUTIONAL
CONTRACT CLAUSE, WOULD HAVE A MAJOR IMPACT ON PREMIUMS, AND AS A
RESULT, A MAJOR IMPACT ON RENTS.
THANK YOU VERY MUCH, SIR. AND THANK YOU TO MY
COLLEAGUE.
ACTING SPEAKER AUBRY: MR. RYAN.
MR. RYAN: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RYAN: SO, THERE ARE DEFINITELY INCREASED COSTS
ASSOCIATED WITH LEAD POISONING. BUT RIGHT NOW, THOSE COSTS ARE GOING
TO THE TAXPAYERS. SO WE'RE, IN FACT, SUBSIDIZING THE INSURANCE COMPANY
FOR INJURIES THAT SHOULD BE COVERED BY THEM. SO I UNDERSTAND THE
CONCEPT OF INCREASED COSTS, BUT I PREFER TO PUT THOSE INCREASED COSTS OFF
THE TAXPAYER BACK AND ON TO THE INSURANCE COMPANIES WHERE THEY
133
NYS ASSEMBLY JUNE 13, 2019
SHOULD BE. AND THEN THERE'S AN INTENTIONALITY BEHIND THIS BILL, AND
THERE'S GOING TO BE INTENDED CONSEQUENCES. AND THE INTENDED
CONSEQUENCES ARE TO CREATE A VIRTUOUS ECONOMIC CYCLE. AND RIGHT NOW
IN LEAD POISONING CASES, THERE IS NO VIRTUOUS CYCLE. SO USUALLY, SUPPLY
AND DEMAND AND REGULATIONS ARE USED TO FIX DANGEROUS PROBLEMS, BUT IN
THIS CASE THE CYCLE IS SUBSTANDARD HOUSING. A CHILD'S POISONED. THE
CHILD MOVES OUT OF THE HOUSE. ANOTHER CHILD MOVED IN, AND THAT CHILD
IS POISONED. SO NOWHERE IN THE MIX IS THERE ANY INCENTIVE FOR THE
LANDLORD TO MAKE REPAIRS AND TO FIX THE CONDITIONS THAT LEAD TO LEAD
POISONING. THE INSURANCE COMPANY GETS A CLAIM AND DENIES IT, AND
THEN THERE'S NO INCENTIVE. SO IF YOU COMPARE THAT TO A LANDLORD WHO
HAS A SITUATION WITH, SAY, A DANGEROUS STAIRCASE, THERE'S AN INJURY,
THERE'S A CLAIM AND THE INSURANCE COMPANY SAYS, WE'RE NOT REWRITING
YOUR POLICY UNLESS YOU FIX THAT DANGEROUS CONDITION. SO WE WANT TO
PUT IN THE CYCLE AN ACKNOWLEDGEMENT OF THE DANGEROUS CONDITION, AND
THEN HAVE THE INSURANCE COMPANY SAY, YOU KNOW, YOU'LL GET A DISCOUNT
IF YOU DO HAVE A LEAD-SAFE HOUSE, JUST LIKE WE DO WITH SMOKE DETECTORS.
SO WE'RE GOING TO PUT THIS INTO IT, AND I AM CONFIDENT THAT BY DOING THIS,
WE WILL TAKE THE COST OFF THE TAXPAYERS FOR THIS LEAD POISONING. AND
SECONDLY, WE WILL REDUCE THE INCIDENCE OF LEAD POISONING BECAUSE THERE
WILL BE FINALLY AN INCENTIVE TO KEEP PROPERTIES IN GOOD REPAIR.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
134
NYS ASSEMBLY JUNE 13, 2019
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. A06983-A, CALENDAR
NO. 536, GOTTFRIED, PAULIN, NIOU, PERRY, HEVESI, SAYEGH, L. ROSENTHAL,
SIMOTAS, KIM, QUART, EPSTEIN, MOSLEY, AUBRY, JAFFEE, D'URSO, WALKER,
CRUZ, STECK, PERRY, DICKENS, HUNTER, ARROYO, CROUCH, ORTIZ, REYES,
COOK, SIMON, RAYNOR, WALCZYK, RIVERA, SEAWRIGHT, LIFTON, FERNANDEZ,
GLICK, BLAKE. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO VACATING CONVICTIONS FOR OFFENSES RESULTING FROM SEX
TRAFFICKING, LABOR TRAFFICKING AND COMPELLING PROSTITUTION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. GOTTFRIED.
MR. GOTTFRIED: YES, MR. SPEAKER. IN 2010, WE
WERE THE FIRST STATE IN THE UNION TO PASS A LAW ABOUT VACATING
CONVICTIONS THAT -- FOR PROSTITUTION THAT RESULTED FROM A PERSON BEING
SEX TRAFFICKED. WITHIN A COUPLE OF YEARS, A WHOLE BUNCH OF STATES
COPIED OUR LAW, AND WITHIN A COUPLE OF YEARS AFTER THAT, A WHOLE BUNCH
OF STATES BROADENED THEIR LAWS WELL BEYOND OURS. AND SO WE ARE NOW
-- WHAT THIS BILL DOES IS KIND OF CATCH UP WITH A LOT OF STATES. IT MAKES
FOUR OR FIVE MAJOR CHANGES IN THE LAW. ONE IS THAT WITHIN THE DISCRETION
OF THE JUDGE, A MOTION CAN BE GRANTED VACATING CONVICTION FOR ANY
135
NYS ASSEMBLY JUNE 13, 2019
OFFENSE THAT RESULTS FROM SOMEBODY BEING SEX TRAFFICKED, LABOR
TRAFFICKED, ET CETERA. IT REPEALS A -- A REQUIREMENT THAT THE MOTION FOR
CLEARING UP THE CRIMINAL RECORD BE MADE WITH DUE DILIGENCE. IT
PROVIDES THAT THE PAPERWORK IN THE MOTION CAN BE KEPT CONFIDENTIAL. IT
ALLOWS FOR THE CONSOLIDATING OF MOTIONS, BECAUSE VERY OFTEN THERE MAY
BE DIFFERENT OFFENSES BEING CLEARED UP IN -- IN -- IN MORE THAN ONE
JURISDICTION. AND FINALLY, IT PROVIDES SOME BOILER-PLATE LANGUAGE THAT
THE VACATING OF THE CONVICTION SHALL BE DEEMED TO BE ON THE MERITS.
AND THAT IS IMPORTANT SO THAT THE VACATING OF THE CONVICTION HAS MORE
LEGAL VALUE FOR THE TRAFFICKING VICTIM GOING FORWARD. THIS IS ALL ABOUT
ENABLING VICTIMS OF TRAFFICKING TO CLEAR UP CRIMINAL CONVICTIONS FROM
OFFENSES THEY WERE COERCED INTO SO THAT ONCE THEY ARE FREED FROM THE
CHAINS OF TRAFFICKING, THEY CAN REALLY GET ON WITH A - WITH A PRODUCTIVE
LIFE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
GOTTFRIED?
MR. GOTTFRIED: ABSOLUTELY.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS.
MR. GOODELL: THANK YOU, MR. GOTTFRIED. AS YOU
CORRECTLY POINTED OUT - THANK YOU FOR THAT EXPLANATION - THAT THE CURRENT
LAW ALLOWS FOR MOTION TO VACATE A CONVICTION IF IT'S DIRECTLY RELATED TO
ELICIT SEX OFFENSES IF THE PERPETRATOR - THE DEFENDANT, IF YOU WILL - WAS A
136
NYS ASSEMBLY JUNE 13, 2019
VICTIM OF SEX TRAFFICKING. I THINK THAT'S THE CURRENT LAW. AND YOU SAID
THIS EXPANDS IT TO COVER ANY CONVICTION RELATED TO THAT INDIVIDUAL. IS
THAT CORRECT?
MR. GOTTFRIED: IN THE DISCRETION OF THE COURT,
YES.
MR. GOODELL: AND SO JUST AS AN EXAMPLE -- WELL,
PERHAPS YOU CAN GIVE US EXAMPLES OF OTHER CONVICTIONS THAT WERE
UNRELATED TO SEX TRAFFICKING THAT THIS WOULD NOW OPEN UP FOR A MOTION
TO VACATE.
MR. GOTTFRIED: WELL, FOR EXAMPLE, A TRAFFICKING
VICTIM MAY HAVE BEEN COMPELLED TO PARTICIPATE IN DRUG OFFENSES. OR
SHOPLIFTING OR HOLDING UP A STORE. OR, YOU KNOW, ANY NUMBER OF A
VARIETY OF THINGS THAT SOMEONE COULD HAVE BEEN COERCED INTO BEING PART
OF. THE IMPORTANT THING TO REMEMBER IS THAT THE -- THE PREFACE TO THIS
SECTION, THE LEAD INTO IT WHICH DOESN'T APPEAR ON THE PAGE IN THE BILL BUT
IS IN THE PENAL LAW, MAKES THE WHOLE THING IN THE DISCRETION OF THE
JUDGE WHERE YOU MAKE THE MOTION.
MR. GOODELL: SO, LOOK -- LOOKING AT YOUR
EXAMPLES, THERE'S NO LIMITATION, THEN, ON WHAT OTHER CONVICTIONS MIGHT
BE VACATED AS LONG AS IT WAS IN THE DISCRETION OF THE JUDGE?
MR. GOTTFRIED: CORRECT.
MR. GOODELL: AND SO THERE'S NO LIMITATION FOR
SERIOUS FELONIES OR OTHER CRIMES? IT COVERS ALL OTHER CONVICTIONS?
MR. GOTTFRIED: THAT IS CORRECT. BECAUSE THERE'S
REALLY NO LIMIT ON WHAT TRAFFICKERS CAN COMPEL PEOPLE WHO ARE
137
NYS ASSEMBLY JUNE 13, 2019
ESSENTIALLY THEIR SLAVES TO COMMIT. I MEAN, BASICALLY THESE ARE OFTEN --
TRAFFICKING VICTIMS ARE -- ARE -- ARE, YOU KNOW, UNDER THE TOTAL CONTROL
OF -- OF THE TRAFFICKER AND ARE REALLY NOT ACTING OUT OF ANYTHING CLOSE TO
FREE WILL. BUT AGAIN, IT'S ALL IN THE DISCRETION OF THE JUDGE.
MR. GOODELL: NOW YOU MENTIONED THIS ALSO
ELIMINATES ANY DUE DILIGENCE REQUIREMENT. IS THAT CORRECT?
MR. GOTTFRIED: I'M SORRY, CAN YOU SAY THAT
AGAIN?
MR. GOODELL: YOU INDICATED THAT THIS ALSO WOULD
ELIMINATE ANY DUE DILIGENCE REQUIREMENT?
MR. GOTTFRIED: YES. THE LAW CURRENTLY REQUIRES
THAT ONCE THE -- THE TRAFFICKING VICTIM IS -- IS OUT OF TRAFFICKING AND IS --
IS NO LONGER RECEIVING SUPPORTIVE SERVICES, ET CETERA, AND IS OUT OF
DANGER, THE MOTION MUST BE MADE WITH DUE DILIGENCE. THAT REALLY
DOESN'T SERVE ANY PURPOSE EXCEPT TO BE RESTRICTIVE. SO THE BILL WOULD
TAKE THAT OUT.
MR. GOODELL: SO A MOTION COULD BE MADE TO
VACATE THESE CONVICTIONS POSSIBLY YEARS LATER, THEN.
MR. GOTTFRIED: CONCEIVABLY. OBVIOUSLY, THE
LONGER THE -- THE VICTIM WAITS, THE MORE DIFFICULT IT WILL BE TO MAKE HIS
OR HER CASE. BUT IT MAY ALSO GIVE THE PERSON AN OPPORTUNITY TO
DEMONSTRATE TO THE JUDGE THAT HE OR SHE HAS CHANGED HIS OR HER LIFE.
BUT IN ANY EVENT, THE DUE DILIGENCE REQUIREMENT DOESN'T REALLY SERVE
ANY PURPOSE. IT'S NOT COMMON, AS FAR AS I KNOW, IN -- IN OTHER RECORD
CLEARANCE PIECES IN THE LAW, AND SO WE WOULD BE DELETING IT.
138
NYS ASSEMBLY JUNE 13, 2019
MR. GOODELL: IS THERE ANY REQUIREMENT UNDER THIS
BILL THAT THE PERSON THAT WAS THE SEX TRAFFICKER BE ARRESTED OR CONVICTED
OF SEX TRAFFICKING IN ORDER TO TRIGGER THIS?
MR. GOTTFRIED: NO, BECAUSE THAT MAY OR MAY NOT
HAVE BEEN THE CASE. IT MAY OR MAY NOT -- IT MAY WELL BE VERY DIFFICULT
FOR THE VICTIM TO DEMONSTRATE. THERE WOULD HAVE TO BE A -- A CLEAR
FINDING THAT -- THAT THE OFFENSES WERE THE RESULT OF TRAFFICKING, BUT THE --
THE TRAFFICKING PERPETRATOR MAY BE UNAVAILABLE, MAY BE DEAD. ANY
NUMBER OF REASONS WHY THERE MIGHT NOT BE A RECORD OF CONVICTION OF
THE TRAFFICKER.
MR. GOODELL: THANK YOU VERY MUCH, MR.
GOTTFRIED. AS ALWAYS, I APPRECIATE YOUR -- YOUR THOUGHTS AND YOUR
CLARIFICATIONS ON THIS BILL.
ON THIS BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: MANY OF US ARE VERY CONCERNED
ABOUT CRIME IN OUR COMMUNITY, AND UNDERSTANDABLY SO. WE'RE ALSO, OF
COURSE, SYMPATHETIC TO THE VICTIMS OF SEX TRAFFICKING. WHAT THIS BILL
SAYS IS, AS WAS EXPLAINED BY MY COLLEAGUE, IS THAT A VICTIM OF SEX
TRAFFICKING, IN THE DISCRETION OF THE COURT, COULD GET A FREE PASS FOR ANY
CRIME. AS MY COLLEAGUE NOTED, THAT WOULD INCLUDE HOLDING UP A
GROCERY STORE OR KNOCKING OFF A LIQUOR STORE OR ENGAGING IN ASSAULT.
AND SINCE THERE'S NO LIMIT AT ALL IN THIS BILL, IT COULD EVEN INCLUDE THINGS
LIKE ANOTHER RAPE OR KIDNAPPING OR EXTORTION OR -- OR EVEN MURDER. AND
SO WE NOW RAISE A NEW DEFENSE, AND THE DEFENSE IS, SURE, I KIDNAPPED
139
NYS ASSEMBLY JUNE 13, 2019
THIS OTHER WOMAN AND I BROUGHT HER IN, BUT I WAS ASKED TO DO SO OR
FORCED TO DO SO BY MY PIMP. SO WHAT'S THAT MEAN TO THE AVERAGE NEW
YORK RESIDENT WHO DOESN'T WANT TO BE HELD UP ON THE STREET CORNER AT
GUNPOINT OR AT KNIFEPOINT OR BE ASSAULTED OR ATTACKED? THIS GIVES A
FREE PASS. ALL THE -- THE DEFENDANT HAS TO DO IS SAY, HEY, I'M A VICTIM OF
SEX TRAFFICKING. DON'T HAVE TO HAVE THE PIMP ARRESTED. DON'T HAVE TO
IDENTIFY THE PIMP. DON'T HAVE TO FILE A POLICE REPORT. AND INSTEAD, YOU
CAN SAY, HEY, I'M SORRY I KILLED YOUR GRANDMOTHER. IT WAS A ROBBERY.
SHE DIDN'T HAVE AS MUCH MONEY AS I THOUGHT. BUT I'M A VICTIM OF SEX
TRAFFICKING AND, THEREFORE, I SHOULD HAVE MY CONVICTION VACATED. AND
IT GOES ON. YOU DON'T HAVE TO MAKE THAT MOTION RIGHT AWAY. YOU CAN
WAIT YEARS. WE'VE ELIMINATED ANY REQUIREMENT THAT THE MOTION BE MADE
WITH DUE DILIGENCE. AND TO CAP IT OFF, THAT MOTION, EVEN IF YOU'VE BEEN
PREVIOUSLY ARRE -- ARRESTED AND CONVICTED -- THIS IS A 440 MOTION. SO
THIS IS AFTER YOU'VE ALREADY BEEN ARRESTED AND CONVICTED. YOU CAN MAKE
THE MOTION TO VACATE IT, AND IF THE MOTION IS GRANTED IT IS AS THOUGH YOU
WERE ACQUITTED.
SO IT'S A GREAT THING IF YOU'RE INVOLVED IN THIS TYPE OF
CRIMINAL ENTERPRISE. IT'S A HORRIFIC THING IF YOU WANT SAFE
NEIGHBORHOODS AND DON'T WANT PEOPLE GETTING AN EXCUSE FOR
COMMITTING HORRIFIC CRIMES WITHOUT LIMIT AGAINST ANY OF OUR FRIENDS AND
OUR NEIGHBORS AND OTHERS IN OUR DISTRICTS.
THANK YOU, SIR. AND AGAIN, THANK YOU, MR. GOTTFRIED
FOR YOUR EXPLANATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
140
NYS ASSEMBLY JUNE 13, 2019
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. AS A FORMER
INVESTIGATOR OF LABOR TRAFFICKING FOR THE DEPARTMENT OF LABOR, I WANT TO
THANK THE SPONSOR OF THE BILL BECAUSE I HAVE SEEN FIRSTHAND WHAT IT
MEANS FOR A PERSON WHO HAS FOUND THEMSELVES AS A SURVIVOR OF
TRAFFICKING TO HAVE TO GO THROUGH A CRIMINAL JUSTICE SYSTEM, AND THE
TYPES OF CRIMES THAT SOMETIMES GET COMMITTED AND THAT THEY'RE FORCED
INTO BECAUSE THEY ARE COMPELLED. BECAUSE THEIR -- THEIR IDENTIFICATION
IS WITHHELD. BECAUSE THEY ARE DOING THIS AGAINST THEIR WILL. AND -- AND
ON BEHALF OF THE UNFORTUNATE THOUSANDS OF VICTIMS THAT ARE OUT THERE AND
THAT WE'VE YET TO FIND, I WANT TO THANK THE SPONSOR. I'M GOING TO VOTE IN
THE AFFIRMATIVE BECAUSE I KNOW THAT IN THE NEXT TEN YEARS THIS IS GOING
TO CHANGE THE LIVES OF THOUSANDS OF PEOPLE.
THANK YOU.
ACTING SPEAKER AUBRY: MS. CRUZ 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
141
NYS ASSEMBLY JUNE 13, 2019
COULD PLEASE CALL WAYS AND MEANS TO THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: WAYS AND MEANS
COMMITTEE, SPEAKER'S CONFERENCE ROOM. MS. WEINSTEIN AWAITS.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE'RE NOW
GOING TO GO -- CONTINUE OUR WORK WITH RULES REPORT [SIC] NO. 68. IT IS
ON PAGE 33 [SIC] AND IT IS BY MS. RICHARDSON. THEN WE'RE GOING TO GO
TO CALENDAR NO. 416. IT'S ON PAGE 55 BY MRS. GUNTHER. AND THEN
CALENDAR NO. 504 ON PAGE 60 BY MS. JEAN-PIERRE.
(PAUSE)
THE CLERK: ASSEMBLY NO. A01527, CALENDAR NO.
68, RICHARDSON. AN ACT TO AMEND THE CORRECTION LAW AND THE PENAL
LAW, IN RELATION TO TEMPORARY RELEASE ELIGIBILITY FOR JUDICIALLY-ORDERED
COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT.
ACTING SPEAKER PICHARDO: AN EXPLANATION
HAS BEEN REQUESTED, MS. RICHARDSON.
MS. RICHARDSON: THANK YOU, MR. SPEAKER. THIS
BILL WILL EXPAND THE DEFINITION OF ELIGIBILITY FOR TEMPORARY RELEASE
PROGRAMS TO INCLUDE INMATES WHO WERE JUDICIALLY ORDERED TO CASAT.
ACTING SPEAKER PICHARDO: MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH. WILL THE
SPONSOR YIELD?
MS. RICHARDSON: YES, I DO.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
142
NYS ASSEMBLY JUNE 13, 2019
MR. GOODELL: NOW, AM I CORRECT THAT UNDER
CURRENT LAW, IF YOU CAN THROUGH A COMPREHENSIVE ALCOHOL AND SUBSTANCE
ABUSE PROGRAM --
ACTING SPEAKER PICHARDO: I'M SORRY, MR.
GOODELL.
MS. RICHARDSON: I CAN'T HEAR HIM.
ACTING SPEAKER PICHARDO: MEMBERS, WE'RE
ON DEBATE. PLEASE KEEP YOUR NOISE TO A MINIMUM. THANK YOU.
MY APOLOGIES, MR. GOODELL.
MR. GOODELL: IT'S MY UNDERSTANDING, MS.
RICHARDSON, THAT UNDER CURRENT LAW, IF AN INMATE GOES THROUGH A
COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE PROGRAM AND THEY WOULD
BE ELIGIBLE FOR RELEASE ON PAROLE WITHIN TWO YEARS, THEY CAN BE, UNDER
THE CURRENT LAW, ELIGIBLE FOR A CONDITIONAL RELEASE. IS THAT CORRECT?
MS. RICHARDSON: NO, IT IS NOT, MR. GOODELL.
MR. GOODELL: SO, HOW -- HOW'S THE CURRENT LAW
OPERATE?
MS. RICHARDSON: WELL, WHAT THIS BILL WOULD DO
SPECIFICALLY, MR. GOODELL, IS THAT WHEN AN INDIVIDUAL IS JUDICIALLY
ORDERED BY A JUDGE TO CASAT, CURRENTLY THEY'RE ONLY ALLOWED TO
COMPLETE THE FIRST PHASE OF A THREE-STEP PROGRAM. THIS IS A, YOU KNOW,
TREATMENT PROGRAM FOR INDIVIDUALS WHO HAVE SUBSTANCE ABUSE AND
OTHER, YOU KNOW, TYPE OF ABUSES, ALCOHOL OR DRUG ABUSE. SO IF WE'RE
ONLY ALLOWING THEM TO DO THE FIRST STEP OF THE THREE-STEP PROGRAM, IT IS
EXTREMELY DISRUPTIVE. AND SO WHAT WE WANT TO DO IS ALLOW INDIVIDUALS
143
NYS ASSEMBLY JUNE 13, 2019
TO GO ON TO THE SECOND STEP, AND THEN WITH THAT THEY'LL BE ABLE TO
PARTICIPATE IN WORK RELEASE, WHICH WILL ALLOW THEM TO SUCCESSFULLY
TRANSITION BACK INTO SOCIETY. AND AS YOU DO KNOW, MR. GOODELL, BEFORE
YOU CONTINUE TO QUESTION ME, WE HAVE A SEVERE OPIOID AND DRUG, YOU
KNOW, EPIDEMIC HERE IN THE STATE OF NEW YORK. SO THIS BILL IS
EXTREMELY BENEFICIAL TO SO MANY PEOPLE THAT WE ALL REPRESENT.
MR. GOODELL: SO, LET -- I'M JUST TRYING TO MAKE
SURE I UNDERSTAND THIS. SO, IN ORDER TO BE ELIGIBLE FOR A WORK RELEASE
UNDER THE CURRENT PROGRAM, YOU HAVE TO BE WITHIN TWO YEARS OF YOUR
PAROLE ELIGIBILITY. IS THAT CORRECT?
MS. RICHARDSON: I'M SORRY, MR. GOODELL. CAN
YOU REPEAT THE QUESTION?
MR. GOODELL: CERTAINLY. UNDER -- UNDER CURRENT
LAW - AND I'M LOOKING AT SECTION 60.04, SUBPARAGRAPH 6 OF THE PENAL
LAW - AN INDIVIDUAL HAS TO BE WITHIN TWO YEARS OF THEIR PAROLE DATE IN
ORDER TO BE ELIGIBLE FOR WORK RELEASE, CORRECT?
MS. RICHARDSON: CURRENTLY -- I MEAN, CURRENTLY,
YES, MR. GOODELL. BUT IF YOU READ THE TEXT VERY CAREFULLY, THIS IS A
JUDICIAL ORDER BY A JUDGE OF THIS PARTICULAR INMATE. AND SO IT IS
EXTREMELY DISRUPTIVE FOR THE INMATE THAT A JUDGE WHO LOOKED AT ALL OF
THE FACTS OF THIS PERSON'S CASE ORDERED THEM TO THIS TYPE OF DRUG
TREATMENT, BUT WE ARE ONLY ALLOWING THEM TO COMPLETE PHASE ONE AND
NOT GO ON TO PHASE TWO. BUT IN ADDITION TO THAT, MR. GOODELL, PHASE
TWO IS THE WORK RELEASE PORTION OF IT. AND IF SOMEONE HAS MORE THAN
TWO YEARS REMAINING ON THEIR SENTENCE THEY WILL NOT BE RELEASED EARLY.
144
NYS ASSEMBLY JUNE 13, 2019
THEY WILL JUST CONTINUE TO GO THROUGH WORK RELEASE UNTIL THEIR PAROLE
ELIGIBILITY DATE. SO REALLY, WE'RE NOT DOING ANYTHING OTHER THAN
EXPANDING THIS DEFINITION SO THAT PEOPLE CAN GET THE PROPER TREATMENT IN
THE STATE OF NEW YORK, AND SO THAT WE CAN HAVE LOWER RECIDIVISM RATES
AND HAVE INDIVIDUALS TRANSITION SUCCESSFULLY BACK INTO SOCIETY.
MR. GOODELL: SO, USING AN EXAMPLE, LET'S ASSUME
YOU HAVE AN INMATE WHO MIGHT HAVE MULTIPLE CHARGES, RIGHT. THAT'S
NOT UNUSUAL. YOU MIGHT BE CONVICTED OF A DRUG-RELATED CHARGE, BUT YOU
MIGHT ALSO BE CONVICTED OF SOME OTHER CHARGE, ASSAULT OR ROBBERY OR
BURGLARY, WHICH IS OFTEN THE SITUATION WITH THOSE WHO ARE ABUSING
DRUGS. THEY HAVE MULTIPLE CHARGES. AND YOU COULD THEN HAVE A
SENTENCE THAT IS QUITE EXTENSIVE. FOR THE PURPOSES OF THIS DISCUSSION
LET'S SAY IT WAS A TEN-YEAR SENTENCE, REFLECTING THE MULTIPLE CHARGES.
UNDER CURRENT LAW, YOU WOULD NOT BE ELIGIBLE FOR WORK RELEASE UNTIL
YOU'VE COMPLETED YOUR ALCOHOL AND SUBSTANCE ABUSE PROGRAM THAT
WOULD BE COURT-ORDERED, AND YOU'RE WITHIN TWO YEARS, WHICH MEANS
YOUR EARLIEST ELIGIBILITY FOR WORK RELEASE, ASSUMING YOU WERE ELIGIBLE
FOR PAROLE AFTER -- AFTER TEN YEARS, WOULD BE AFTER EIGHT -- AFTER SERVING
EIGHT YEARS, RIGHT? AND THEN YOU'D BE ELIGIBLE FOR WORK RELEASE FOR THE
LAST TWO. UNDER THIS, IF THEY TOOK THE ALCOHOL AND SUBSTANCE ABUSE IN
YEAR ONE, THEY'D BE ELIGIBLE FOR WORK RELEASE AS SOON AS THEY COMPLETED
THE PROGRAM, CORRECT?
MS. RICHARDSON: WELL, MR. GOODELL, YOU SAID A
LOT OF STATEMENTS AND ASKED A QUESTION IN THE BE -- END, SO I'M GOING TO
CLARIFY YOUR STATEMENTS. NUMBER ONE, IT IS CLEARLY WRITTEN IN THE BILL
145
NYS ASSEMBLY JUNE 13, 2019
THAT NO ONE WHO IS A VIOLENT FELON OR A VIOLENT OFFENDER WOULD BE
ALLOWED TO PARTICIPATE IN THIS PROGRAM. THAT INCLUDES SEX CRIMES OR
HOMICIDE. NUMBER TWO, MR. GOODELL, AS YOU ARE WELL AWARE, THERE ARE
SEVERAL CRIMES THAT FALL IN THE VIOLENT FELONY CATEGORY WHICH ACTUALLY DO
NOT ACTUALLY CARRY ANY VIOLENCE TO THEM, SUCH AS BURGLARY IN THE
SECOND DEGREE. BUT, MR. GOODELL, AS PREVIOUSLY STATED, THIS IS ONLY TO
AMEND JUDICIALLY-ORDERED INMATES. SO, THIS IS SOMETHING THAT A JUDGE, A
PERSON WHO IS SITTING ON THE BENCH WHO HAS REVIEWED ALL OF THE FACTS
ABOUT THIS INDIVIDUAL, AND THEY HAVE MADE THE DETERMINATION BASED
UPON THE CRIMES THAT THEY ARE BEING CHARGED FOR, TO ORDER THEM TO THIS
PARTICULAR PROGRAM. AND AGAIN, MR. GOODELL, IF A PERSON HAS, LET'S SAY,
FOR YOUR EXAMPLE, TEN YEARS AND THEY DO THIS PROGRAM WITHIN THE FIRST
YEAR, THEY WOULD REMAIN ON WORK RELEASE UNTIL THEIR PAROLE ELIGIBILITY
DATE.
MR. GOODELL: AND WHY -- DO YOU HAVE ANY IDEA
WHY THE CURRENT PROGRAM ONLY MAKES THEM ELIGIBLE FOR WORK RELEASE
AFTER THEY'VE SERVED ALL THEIR SENTENCE EXCEPT FOR THE LAST TWO YEARS?
MS. RICHARDSON: NO, MR. GOODELL. BUT WHAT I
DO KNOW IS IS THAT WITH ANY KIND OF TREATMENT PROGRAM, WE ARE ALL
AWARE THAT TO START SOMETHING AND THEN TO STOP IT MIDWAY IS EXTREMELY
DISRUPTIVE IN SOMEONE'S PROGRESS. AND I THINK THAT WE, AS MEMBERS OF
THE STATE LEGISLATURE, OWE IT TO THOSE THAT WE REPRESENT TO ENSURE THAT
EVERYONE IS GETTING THE PROPER CARE AND THE CONTINUITY OF THAT CARE THAT
THEY DESERVE. AND SO WITH THIS BILL WE WILL BE DOING THAT AND
ADDRESSING THAT IN A POSITIVE MANNER.
146
NYS ASSEMBLY JUNE 13, 2019
MR. GOODELL: THANK YOU VERY MUCH FOR YOUR
EXPLANATION.
ON THE BILL, SIR.
MS. RICHARDSON: THANK YOU.
ACTING SPEAKER PICHARDO: ON THE BILL, MR.
GOODELL.
MR. GOODELL: FIRST, JUST TO BE CLEAR, THIS CURRENT
PROGRAM INVOLVES A SITUATION WHERE THE JUDGE MAKES AN ORDER THAT THE
INMATE BE PROVIDED WITH A SUBSTANCE ABUSE TREATMENT PROGRAM WHILE
SERVING TIME IN THE STATE PENITENTIARY. BUT THE CURRENT PROGRAM ALSO
RECOGNIZES THAT BEFORE WE AUTHORIZE INMATES TO GO OUT ON WORK RELEASE
OR A CONDITIONAL RELEASE OR A SIMILAR PROGRAM, THEY NEED TO SERVE AT
LEAST A MINIMUM AMOUNT OF THEIR SENTENCE. AND THE MINIMUM AMOUNT
UNDER CURRENT LAW IS UP TO TWO YEARS BEFORE THEIR PAROLE ELIGIBILITY. SO,
A SIMPLE EXAMPLE: SOMEONE MIGHT BE SENTENCED TO TEN YEARS, THEY
MIGHT BE ELIGIBLE FOR PAROLE AFTER EIGHT. UNDER THE CURRENT LAW, THEY
COULD GET OUT ON CONDITIONAL RELEASE IN SIX. UNDER THIS BILL, RIGHT AFTER
THEY TAKE THE JUDICIALLY-ORDERED SUBSTANCE ABUSE PROGRAM, THEY WOULD
BE IMMEDIATELY NOT ONLY ELIGIBLE, BUT THIS WOULD DIRECT THAT THEY BE IN A
CONDITIONAL WORK RELEASE PROGRAM. IT'S A GREAT THING IF YOU'RE AN INMATE
THAT'S IN THERE FOR AN EXTENDED TIME PERIOD. AND I USED AN EXAMPLE OF
TEN YEARS; IT COULD BE 15, IT COULD BE 20. IF YOU'RE SENTENCED FOR 20
YEARS AND YOU'RE NOT ELIGIBLE PAROLE -- FOR PAROLE UNTIL 18, YOU CAN GET
WORK RELEASE AFTER YOUR FIRST YEAR WHEN -- AS SOON AS YOU FINISH THIS
PROGRAM. THERE'S A REASON WHY WE HAVE THIS BALANCE, AND -- AND
147
NYS ASSEMBLY JUNE 13, 2019
OBVIOUSLY, THE FUNDAMENTAL REASON IS WE WANT INMATES WHO HAVE BEEN
CONVICTED AND SENTENCED FOR AN EXTENDED TIME PERIOD SERVE AT LEAST A
MINIMUM SENTENCE IN -- IN PRISON. THERE'S ANOTHER ASPECT TO IT AS WELL.
IN ADDITION TO GOING THROUGH THE -- THE SUBSTANCE ABUSE TREATMENT
PROGRAM, WHICH IS A VERY VALUABLE PROGRAM AND ONE THAT I SUPPORT,
WITH A LITTLE BIT OF LUCK THE PRISON IS SUCCESSFUL IN MINIMIZING
CONTRABAND, WHICH GIVES THE INMATE HAVING COMPLETED THIS PROGRAM
SUBSTANTIAL TIME PERIOD AS WELL TO REMAIN CLEAN, DRY AND SOBER WHILE IN
PRISON BEFORE OUT ON WORK RELEASE WHERE THE AVAILABILITY OF DRUGS OR
OTHER INTOXICANTS IS MUCH MORE AVAILABLE.
SO I APPRECIATE THE SPONSOR'S DESIRE TO PROVIDE
CONTINUITY OF SERVICE AND GET THESE INMATES OUT ON THE STREET AS SOON AS
POSSIBLE WITH A CONDITIONAL WORK RELEASE, BUT I THINK THE CURRENT
PROGRAM HAS THE RIGHT BALANCE OF REQUIRING A CERTAIN AMOUNT OF TIME BE
SERVED BEFORE YOU'RE ELIGIBLE FOR WORK RELEASE, MAKING SURE THAT YOU
COMPLETE THE PROGRAM SUCCESSFULLY BEFORE YOU'RE ON WORK RELEASE,
GIVING YOU TIME TO MAKE SURE YOU'RE CLEAN, DRY AND SOBER BEFORE
AUTHORIZING THE WORK RELEASE AND PUTTING THESE PEOPLE BACK OUT IN THE
COMMUNITY.
THANK YOU VERY MUCH, SIR. AND AGAIN, THANK YOU TO
MY COLLEAGUE.
ACTING SPEAKER PICHARDO: CERTAINLY.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
148
NYS ASSEMBLY JUNE 13, 2019
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. RICHARDSON TO EXPLAIN HER VOTE.
MS. RICHARDSON: THANK YOU, MR. SPEAKER. YOU
KNOW, I'M EXTREMELY PROUD OF US AS A LEGISLATIVE BODY FOR TAKING
ACTION TODAY TO REALLY HELP INDIVIDUALS WHO ARE STRUGGLING WITH
ADDICTION TO GET TO A POSITIVE PATHWAY TOWARDS RECOVERY. YOU KNOW,
ALLOWING INMATES WHO HAVE BEEN JUDICIALLY-ORDERED TO SUBSTANCE ABUSE
TREATMENT PROGRAMS TO BE REINTEGRATED BACK INTO SOCIETY THROUGH WORK
-- WORK RELEASE PROGRAMMING IS EXTREMELY IMPORTANT. IT'S IMPORTANT
FOR MY COLLEAGUES TO ALSO KNOW THAT THE CASAT PROGRAM IS HEAVILY
MONITORED BY THE DEPARTMENT OF CORRECTIONS. AND IF AN INMATE IS
RECEIVING WORK RELEASE, THEY WILL BE HEAVILY MONITORED. THEY'RE ONLY
OUT FOR 14 HOURS A DAY, THEY HAVE TO RETURN BACK TO THE FACILITY IN THE
NIGHTTIME. AND ANY ONE GLITCH IN THE SYSTEM, THEY WOULD BE REVOKED
FROM THE PROGRAM IMMEDIATELY. I THINK IT IS OUR RESPONSIBILITY TO
CONTINUE TO, YOU KNOW, REVAMP THE CRIMINAL JUSTICE SYSTEM AND HELP --
HELP TO JUDICIALLY DIVERT THOSE WHO ARE REALLY IN NEED.
AND WITH THAT I VOTE IN THE AFFIRMATIVE AND I STAND
VERY PROUD AND TALL IN DOING THAT. THANK YOU.
ACTING SPEAKER PICHARDO: MS. RICHARDSON
IN THE AFFIRMATIVE.
MR. DENDEKKER TO EXPLAIN HIS VOTE.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. I
149
NYS ASSEMBLY JUNE 13, 2019
WANT TO APPLAUD THE SPONSOR OF THIS BILL. THIS IS A FANTASTIC TOPIC TO BE
TALKING ABOUT. AND -- AND THERE'S SO MUCH MORE. ALCOHOLISM AND
SUBSTANCE ABUSE HAS -- HAS TAKEN OVER OUR SOCIETY. WHAT MOST PEOPLE
DON'T KNOW IS THAT 40 PERCENT OF ALL THE INMATES IN JAIL RIGHT NOW WERE
UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AT THE TIME OF THEIR OFFENSE.
THEY -- WE HAVE PEOPLE THAT HAVE PROBLEMS WITH ALCOHOL AND DRUGS,
AND THAT NEEDS TO BE ADDRESSED. AND IF WE WERE TO HELP PEOPLE WITH
THEIR UNDERLYING PROBLEM OF ALCOHOLISM AND SUBSTANCE ABUSE, THEY
PROBABLY WOULD HAVE NEVER HAD ANY KIND OF CRIMINAL INTERACTION
WHATSOEVER. SO, I THINK THIS IS A FANTASTIC WAY OF ALLOWING PEOPLE THAT
HAVE AN ISSUE WITH ALCOHOL OR SUBSTANCE ABUSE TO BE ABLE TO GET THE HELP
THEY NEED TO TRANSITION BACK INTO A WORK RELEASE PROGRAM AS SOON AS
POSSIBLE UNDER THOSE STRICT GUIDELINES THAT HAVE BEEN LAID OUT IN THIS
BILL, AND TO BE ABLE TO HELP PEOPLE TO -- WITH THEIR ACTUAL UNDERLYING
PROBLEM.
I THINK THIS IS A GREAT BILL, I APPLAUD THE SPONSOR. I
HOPE EACH AND EVERY MEMBER OF THIS BODY WILL VOTE POSITIVELY ON THIS
BILL, AND WE HAVE TO DO MORE TO HELP PEOPLE THAT ARE SUFFERING FROM
ALCOHOLISM AND SUBSTANCE ABUSE, STARTING WITH EARLY EDUCATION, STARTING
WITH PREVENTION AND THEN ALSO HAVING MORE TREATMENT AVAILABLE. THIS
IS A GREAT BILL, AND I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER PICHARDO: MR. DENDEKKER
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
150
NYS ASSEMBLY JUNE 13, 2019
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?
RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER PICHARDO: RULES
COMMITTEE, SPEAKER'S CONFERENCE ROOM. THE SPEAKER IS ON HIS WAY
AS WE SPEAK. RULES COMMITTEE, SPEAKER'S CONFERENCE ROOM.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05306, CALENDAR NO.
416, GUNTHER, ORTIZ, ZEBROWSKI, WALLACE, WILLIAMS, GLICK, GALEF,
D'URSO, BLAKE, SANTABARBARA, MONTESANO, ABINANTI, GOTTFRIED. AN ACT
TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE USE OF VOICE
RECOGNITION FEATURES.
ACTING SPEAKER PICHARDO: AN EXPLANATION
HAS BEEN REQUESTED, MRS. GUNTHER.
QUIET IN THE CHAMBER, PLEASE. WE ARE ON DEBATE,
MEMBERS.
MRS. GUNTHER: THIS BILL PROHIBITS
INTERNET-CONNECTED DEVICE MANUFACTURERS FROM SELLING VOICE
RECOGNITION DATA OR USING IT FOR ADVERTISING PURPOSES.
ACTING SPEAKER PICHARDO: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER PICHARDO: MRS. GUNTHER, DO
151
NYS ASSEMBLY JUNE 13, 2019
YOU YIELD?
MRS. GUNTHER: YES.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
MR. RA: THANK YOU VERY MUCH. JUST A FEW
QUESTIONS AS TO THE OPERATION OF THIS. OBVIOUSLY, THESE TYPES OF DEVICES
ARE BECOMING MORE IN WIDESPREAD USE, AND WITH -- WITH THAT COMES THE
ISSUE WE'RE DEALING WITH TODAY AND TRYING TO FIND WAYS PROPERLY TO, YOU
KNOW, ENACT STATUTES AND -- AND REGULATIONS TO -- TO ADDRESS THINGS LIKE
PRIVACY CONCERNS. SO, I'M JUST WONDERING, HOW DOES THIS DIFFER -- I
KNOW THERE MAY BE SOME FEDERAL LAWS THAT WOULD GOVERN THE ABILITY TO,
YOU KNOW, TO TRANSFER OR SELL THIS INFORMATION. IS THIS IN ADDITION TO
THOSE? DOES IT MIRROR THE FEDERAL REGULATIONS?
MRS. GUNTHER: CALIFORNIA HAS DONE THIS AND
WE'RE KIND OF MIRRORING IT -- MIRRORING THAT REGARDING VOICE
RECOGNITION.
MR. RA: OKAY. SO IT'S -- IT'S AN APPROACH THAT IS --
MRS. GUNTHER: THEY'VE ALSO DONE IT FOR, LIKE,
SMART TVS. I KNOW THAT MY SISTER OFTEN SAYS WHEN SHE HAS ALEXA ON,
SHE'LL SAY, ALEXA, TELL ME SOMETHING ABOUT A NEW PHONE. AND THEN ALL
OF A SUDDEN A LITTLE BIT LATER ON HER TELEPHONE, SHE HAS ADVERTISEMENTS
FOR ALL THE NEW SMARTPHONES THAT ARE AVAILABLE.
MR. RA: OKAY. NOW, WOULD -- WOULD THE PROVISIONS
OF THIS COMPLETELY PROHIBIT THAT, OR -- OR WOULD IT BE THAT THEY HAVE TO
NOTIFY THE CONSUMER THAT THAT IS -- IS TAKING PLACE?
152
NYS ASSEMBLY JUNE 13, 2019
MRS. GUNTHER: SO, YOU HAVE TO NOTIFY THAT YOU'RE
COLLECTING THIS KIND OF INFORMATION AND YOU ARE NOT ALLOWED TO SELL IT TO
ANY KIND OF MANUFACTURERS, ET CETERA. SO IT PROTECTS THE INDIVIDUAL SO
THAT WE DON'T GET THOSE CALLS, AND IT DOES PROTECT OUR PRIVACY.
MR. RA: OKAY. AND -- AND, YOU KNOW, MY
UNDERSTANDING IS THE WAY SOME OF THESE DEVICES -- YOU KNOW, YOU
MENTIONED ALEXA, AND THAT'S OBVIOUSLY ONE OF THE MORE WIDESPREAD
ONES IN USE. I KNOW I HAVE A COUPLE OF THEM IN MY HOUSE. IT KIND OF,
YOU KNOW, TAKES INFORMATION, KIND OF -- THE INFORMATION STREAMS
THROUGH IT OR IT LISTENS UNTIL IT HEARS ITS TRIGGER WORD, AND THEN IT ACTUALLY
PICKS UP ON -- ON THE REQUEST OF THE USER. SO, YOU KNOW, BUT IT ALWAYS
HAS TO BE LISTENING, SO TO SPEAK, TO CATCH THAT TRIGGER WORD.
MRS. GUNTHER: I THINK THE BIGGEST CONCERN IS THAT
THEY'RE ALWAYS LISTENING.
MR. RA: OH, I -- I -- I WOULD AGREE BUT THAT -- BUT IT
HAS TO BE LISTENING TO -- TO PICK UP THE TRIGGER WORD. AND MY
UNDERSTANDING IS THEN WHAT IT WILL RECORD IS WHEN YOU'VE ACTUALLY SAID
THE MAGIC WORD "ALEXA" AND THE REQUEST THAT'S IT'S GOTTEN. SO WOULD
THIS IMPACT IN ANY WAY FOR IT TO BE ABLE TO LISTEN FOR THAT -- THAT TRIGGER?
MRS. GUNTHER: NO.
MR. RA: OKAY. AND JUST GIVE ME ONE SECOND.
OKAY. I THINK THAT'S ALL I HAVE.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER PICHARDO: ON THE BILL, MR.
RA.
153
NYS ASSEMBLY JUNE 13, 2019
MR. RA: NOW, AS -- AS I MENTIONED -- AND -- AND
CERTAINLY, YOU KNOW, I COMMEND THE SPONSOR FOR -- FOR TRYING TO WORK
ON -- ON THIS ISSUE. THIS IS A TECHNOLOGY THAT ALTHOUGH IT'S BEEN AROUND
A COUPLE OF YEARS IT'S STILL RELATIVELY NEW AND IT'S STARTING TO MAKE ITS
WAY INTO ALL KINDS OF DIFFERENT DEVICES; TELEVISIONS AS WAS -- WAS
MENTIONED, AND ALL THESE THINGS ARE KIND OF LIKE STRUNG TOGETHER. YOU
KNOW, I JUST GOT A -- I JUST GOT A NEW TV THAT, YOU KNOW, WORKS WITH
THE -- THE WHOLE AMAZON STUFF SO THEN IT CAN LINK IN WITH -- WITH MY --
WITH MY ECHO AND -- AND ALL OF THAT. AND, YOU KNOW, IT PROVIDES GREAT
CONVENIENCE, BUT WITH THAT BECOMES -- COMES, CERTAINLY, DATA CONCERNS
AND WHAT -- YOU KNOW, WHAT IS ACTUALLY BEING RECORDED, HOW IT'S BEING
USED, AND CERTAINLY THE SALE OF THAT -- OF THAT INFORMATION. YOU KNOW,
MY UNDERSTANDING WITH REGARD TO THIS AREA, I KNOW THERE IS SOME
FEDERAL REGULATION IN TERMS OF, YOU KNOW, DISCLOSING WHAT DATA IS
GOING TO BE, YOU KNOW, COLLECTED AND THINGS OF THAT NATURE TO -- TO AN
END USER. AND THERE'S BEEN SOME, YOU KNOW, CONCERN RAISED BY
DIFFERENT TECHNOLOGY COMPANIES AS TO HOW -- YOU KNOW, HOW THESE
DEVICES CURRENTLY OPERATE AND HOW THIS MIGHT GET IN THE WAY OF THEM
CONTINUING TO OPERATE AND CONTINUING TO DEVELOP NEW -- NEW
TECHNOLOGIES IN THIS AREA. YOU KNOW, THEY -- THEY DO RAISE CONCERNS
THAT -- I KNOW THIS IS A SIMILAR APPROACH TO CALIFORNIA, BUT IF PERHAPS
THIS MIRRORED A LITTLE BIT BETTER THAT DEFINITION -- YOU KNOW, THE -- THE
ISSUE WE'RE RUNNING INTO IN SO MANY OF THESE AREAS IS THAT THE
TECHNOLOGY IS AHEAD OF THOSE OF US MAKING LAWS AND REGULATIONS. AND
AS A RESULT, AS DIFFERENT STATES GO AND PUT FORTH A REGULATION, THEY MAY
154
NYS ASSEMBLY JUNE 13, 2019
NOT ALWAYS BE UNIFORM AND IT -- IT BECOMES AN ISSUE FOR THESE
COMPANIES TO MAKE SURE THEIR TECHNOLOGIES, YOU KNOW, COMPLY WITH
CALIFORNIA LAW, COMPLY WITH NEW YORK LAW AND THEN, YOU KNOW, SO ON
AND SO FORTH AS OTHER STATES ADOPT REGULATIONS. SO -- SO I -- I THINK
CERTAINLY IT'S -- REGULATION IS NEEDED. I THINK I'VE HAD THE EXACT SAME
EXPERIENCE THAT THERE WAS SOMETHING THAT MAYBE I WAS TALKING ABOUT
AND I, YOU KNOW, YOU SUDDENLY SEE IT POP UP. AND -- AND WE ALL KNOW
IT TRANSCENDS DIFFERENT DEVICES. WE MAY BE LOOKING AT SOMETHING ON
OUR PHONE AND -- AND THEN SOMETHING POPS UP LATER ON -- ON A DESKTOP
COMPUTER.
SO -- SO I THANK THE SPONSOR FOR -- FOR ANSWERING SOME
QUESTIONS, BUT I HOPE AS WE MOVE FORWARD WITH THIS WE -- WE TRY TO
FIND, YOU KNOW, THE BEST WAY TO FIND UNIFORMITY SO THAT WE PROTECT THE
-- THE CONSUMER BUT WE -- WE DON'T DO ANYTHING TO HINDER TECHNOLOGICAL
ADVANCEMENT. THANK YOU.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04574, CALENDAR NO.
155
NYS ASSEMBLY JUNE 13, 2019
504, JEAN-PIERRE, D'URSO, STECK, GOTTFRIED, THIELE, SEAWRIGHT,
MONTESANO, WALKER, VANEL, RA, OTIS, EPSTEIN. AN ACT TO AMEND THE
PUBLIC SERVICE LAW, IN RELATION TO REQUIRING UTILITY COMPANIES TO
INCLUDE A NOTICE OF PUBLIC HEARINGS CONCERNING RATE INCREASES.
ACTING SPEAKER PICHARDO: AN EXPLANATION
HAS BEEN REQUESTED, MS. JEAN-PIERRE.
MS. JEAN-PIERRE: THIS WOULD AMEND SECTION 44
OF THE PUBLIC SERVICE LAW TO REQUIRE UTILITY COMPANIES TO INCLUDE ON
THEIR BILLS SENT TO THEIR CUSTOMERS AN ADVANCE NOTICE OF THE DATE AND
PLACE OF ANY AND ALL PUBLIC HEARINGS CONCERNING PROPOSED RATE
INCREASES.
ACTING SPEAKER PICHARDO: MR. PALMESANO.
MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.
WILL THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER PICHARDO: DO YOU YIELD,
MS. JEAN-PIERRE?
MS. JEAN-PIERRE: I DO.
MR. PALMESANO: THANK YOU, MS. JEAN-PIERRE.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
MR. PALMESANO: THANK YOU. JUST A FEW
QUESTIONS. AND I KNOW THE INTENTION BEHIND THE BILL IS
WELL-INTENTIONED, BUT I DO HAVE SOME QUESTIONS, IF I COULD ASK. FIRST --
THE FIRST QUESTION I WANTED TO ASK BECAUSE I NOTICE THE LANGUAGE REFERS
TO PUBLIC UTIL -- INVESTOR-OWNED UTILITIES, BUT THE LONG ISLAND POWER
156
NYS ASSEMBLY JUNE 13, 2019
AUTHORITY IS NOT INCLUDED AS -- IN THE PROVISIONS OF THIS BILL. HOW
COME?
MS. JEAN-PIERRE: IT IS CAPTURED.
MR. PALMESANO: OH, I DIDN'T SEE THAT IN THE
LANGUAGE, I'M SORRY.
OKAY. MY NEXT QUESTION IS, I KNOW THE PUBLIC SERVICE
COMMISSION RIGHT NOW PUBLISHES A CALENDAR OF HEARINGS ON A WEEKLY
BASIS, AND THESE CALENDAR OF HEARINGS REFER TO HEARINGS, PRE-HEARING
CONFERENCES, EVIDENTIARY HEARINGS, PUBLIC STATEMENT HEARINGS AND
TECHNICAL CONFERENCE. MANY OF THESE HAVE NOTHING TO DO WITH THE RATES.
AND THE QUESTION I JUST WANT TO CLARIFY IN -- IN THE BILL IS I KNOW YOU
MENTIONED THEY WOULD HAVE TO PROVIDE ON THE UTILITY BILL ON ALL -- ANY
AND ALL PUBLIC HEARINGS. ARE YOU -- ARE YOU SAYING JUST FOR THE
LANGUAGE THAT IT ONLY REFERS TO RATES SPECIFICALLY, SO ALL THESE OTHER
HEARINGS WOULD NOT HAVE TO BE PUT ON THE BILL, OR WOULD EVERY HEARING?
BECAUSE IT SAYS ANY AND ALL HAVE TO BE INCLUDED ON THE UTILITY BILL.
MS. JEAN-PIERRE: THIS IS JUST FOR RATE INCREASES
MR. PALMESANO: OKAY. THANK YOU. RIGHT NOW,
AREN'T INVESTOR-OWNED UTILITIES CURRENTLY OBLIGATED TO INFORM CUSTOMERS
ABOUT MAJOR RATE CHANGE AND PROCEEDINGS?
MS. JEAN-PIERRE: I'M SORRY, CAN YOU REPEAT THAT
AGAIN?
MR. PALMESANO: AREN'T RIGHT NOW
INVESTOR-OWNED UTILITIES, THEY'RE OBLIGATED RIGHT NOW TO INFORM
CUSTOMERS OF MAJOR RATE CHANGE PROCEEDINGS.
157
NYS ASSEMBLY JUNE 13, 2019
MS. JEAN-PIERRE: SO THIS -- WHAT THIS DOES, IT
ADDS AN ADDITIONAL SECTION TO THE LAW, AND WHAT IT DOES, IT -- IT PROVIDES
ACCURACY AND ALLOWS IT TO BE ON THE BILL. SO, FOR OUR SENIOR POPULATION
WHO JUST LIKES TO LOOK AT THEIR BILL, IT JUST PROVIDES ANOTHER LEVEL OF
TRANSPARENCY FOR OUR CUSTOMERS -- FOR THEIR CUSTOMERS TO ENSURE THAT
THEY'RE AWARE OF THE PUBLIC HEARINGS FOR THE RATE INCREASES.
MR. PALMESANO: SO RIGHT NOW, THOUGH, IT'S MY
UNDERSTANDING ALL UTILITY CUSTOMERS RECEIVE A BILL INSERT THAT ADVISES
THEM OF A RATE CASE IMMEDIATELY AFTER ITS ONSET. SO THERE IS A
NOTIFICATION THAT'S MADE TO ALL RATEPAYERS WITH THIS INSERT THAT'S ON THE --
IN THE BILL. IT'S NOT ON THE BILL, BUT IT'S ACTUALLY AN INSERT IN THE -- IN THE
BILL. THEY HAVE TO DO THAT -- THEY DO THAT NOW. SO WOULD THAT -- WOULD
THAT ADDRESS THAT ISSUE, OR NOW YOU'RE SAYING IT HAS TO ACTUALLY BE
PRINTED ON TO THE BILL?
MS. JEAN-PIERRE: SO, I CAN'T SPEAK FOR ALL OF THE
UTILITY COMPANIES AS TO WHAT THEY DO, BUT THIS WOULD JUST PROVIDE SOME
PLAYING LEVEL FIELD FOR ALL UTILITY COMPANIES AND JUST AN ACT OF
TRANSPARENCY SO IT'S RIGHT THERE ON THE BILL, WHETHER THEY DO AN INSERT OR
NOT. BUT IT'S -- AND IT'S ACTUALLY A COST SAVINGS FOR THEM BECAUSE THEY
DON'T HAVE TO PAY FOR AN ADDITIONAL PAPER FOR AN INSERT. THEY CAN
ACTUALLY JUST PUT THAT ON THE BILL.
MR. PALMESANO: OKAY. AND ALSO -- SO, RIGHT
NOW IT'S MY UNDERSTANDING ALSO IN ADDITION TO THE INSERT AFTER -- OR AFTER
THAT NOTIFICATION IS MADE, IT'S FOLLOWED UP BY FOUR CONSECUTIVE WEEKS OF
NEWSPAPER PUBLICATIONS AS ADVISED UNDER THE LAW. SO THERE'S -- THERE'S
158
NYS ASSEMBLY JUNE 13, 2019
CONTINUING NOTIFICATION AS IT IS RIGHT NOW IN ADDITION TO THE NOTIFICATION
THEY MAKE RIGHT NOW. IS THAT CORRECT?
MS. JEAN-PIERRE: YES.
MR. PALMESANO: OKAY. BUT WITH RESPECT TO THE
RATE CASE, AREN'T THE DATES, THE TIMES, THE LOCATIONS, THE STATEMENT
HEARINGS, AREN'T THEY ALL SET BY THE PUBLIC SERVICE ADMINISTRATIVE LAW
JUDGE WHO'S ASSIGNED TO THE -- THE RATE CASE? SO BASED ON THE TIMING
WHEN THAT COMES OUT, THAT -- WOULDN'T THAT IMPACT THE ABILITY OF A UTILITY
TO GET THAT ON THE BILL? AND THAT COULD BE PROBLEMATIC EVEN TO MEET
THAT REQUIREMENT. ISN'T THAT GOING TO BE A CHALLENGE?
MS. JEAN-PIERRE: OKAY. SO, THEY ONLY -- SO THE
UTILITY COMPANY IS ONLY REQUIRED TO PUT IT ON THE BILL IF THEY HAVE NOTICE
AT THE TIME OF -- AT THE TIME OF PRINTING.
MR. PALMESANO: SO, I KNOW YOU SAY THERE'S
PROBABLY NO -- THERE'S -- WOULD BE NO COSTS INVOLVED. BUT IF THEY'RE
TALKING ABOUT PRINTING ADDITIONAL PA -- PAGES ON A BILL AND THINGS OF THAT
NATURE, THAT COULD BE PROBLEMATIC. THAT COULD BE A CHALLENGE TO THEM.
AND RIGHT NOW THEY HAVE A SYSTEM THAT'S WORKING. WOULDN'T WE JUST
BETTER -- LET'S CONTINUE WITH THE SYSTEM WE HAVE RATHER -- RATHER THAN
ADDING TO THE -- WHAT WE HAVE TO REQUIRE MORE PRINTING IN ADDITION TO
WHAT THEY'RE DOING?
MS. JEAN-PIERRE: NO, I THINK THIS IS JUST AN ACT OF
TRANSPARENCY. AND WHETHER THEY DO IT IN AN INSERT, THAT'S AN ADDITIONAL
COST, IN MY OPINION. BUT IF THEY HAVE TO DO IT IN ADDITION -- ADD AN
INSERT, THEY'RE -- YOU SAID ALL UTILITY COMPANIES ARE ALREADY DOING IT. SO
159
NYS ASSEMBLY JUNE 13, 2019
THEY'RE ALREADY DOING IT, THEY WANT TO ADD AN INSERT. BUT THIS JUST ADDS
AN ADDITIONAL TRANSPARENCY FOR OUR CUSTOMERS TO SEE THAT THERE IS A
PUBLIC HEARING FOR A RATE INCREASE. AND THIS USUALLY MOSTLY IMPACTS OUR
SENIOR POPULATION AND OUR MOST VULNERABLE POPULATION.
MR. PALMESANO: OKAY. THANK YOU FOR YOUR
TIME.
MR. SPEAKER, ON THE BILL.
THANK YOU.
ACTING SPEAKER PICHARDO: ON THE BILL, MR.
PALMESANO.
MR. PALMESANO: YES, I BELIEVE THE SPONSOR IS
WELL-INTENTIONED IN THIS LEGISLATION, ALTHOUGH I THINK I DO HAVE SOME
CONCERNS RELATIVE TO HOW THIS IS GOING TO WORK. I THINK RELATIVE TO WHAT
WE HAVE IN PLACE RIGHT NOW, THERE IS A PROCESS IN PLACE THAT WORKS THAT
THE -- THAT THE UTILITIES HAVE TO NOTE -- DO THE NOTIFICATION NOW. I THINK
THERE'S A CONCERN RELATIVE -- AND I KNOW THE SPONSOR SAID THAT IF THERE'S
A TIMING ISSUE WITH THE ADMINISTRATIVE LAW JUDGE, IT DOESN'T HAVE TO
PRINT. I JUST THINK THAT, YOU KNOW, THIS IS SOME -- ADDITIONAL
REQUIREMENTS THAT AREN'T NECESSARY. I THINK THAT THE CURRENT SYSTEM IS
WORKING FINE FOR WHAT WE NEED RIGHT NOW. I THINK THIS IS JUST
SOMETHING -- WHEN WE TALK ABOUT ADDITIONAL PRINTING ON A BILL, THAT'S
MORE PAGES, THERE'S A COST INVOLVED IN THAT, THAT -- THAT'S SOMETHING THAT
COMPLICATES A BILL. WHEN YOU LOOK AT YOUR UTILITY BILLS NOW, THEY'RE SIX
OR EIGHT PAGES LONG, AND NOW -- I MEAN, HOW MANY PEOPLE LOOK AT THEIR
BILL FROM COVER TO COVER? I THINK AN INSERT IS SOMETHING THAT'S JUST IN
160
NYS ASSEMBLY JUNE 13, 2019
THERE RIGHT THERE THAT THEY'RE GOING TO SEE, RATHER THAN ALL MORE WORDS
AND NUMBERS ON A UTILITY BILL, I THINK THAT -- ALTHOUGH I KNOW THAT THE
INTENTION IS FOR TRANSPARENCY, I THINK IT'S JUST GOING TO COMPLICATE THE
BILL, IT'S GOING TO COMPLICATE THE PROCESS. I THINK IT'S GOING TO MAKE IT
MORE -- MUCH MORE DIFFICULT THAN WHAT IT IS ALREADY. AND I THINK GIVEN
THAT ISSUE AND GIVEN THE CHALLENGES THIS MIGHT FORM, AND ALSO THE COSTS
THAT COULD BE INVOLVED WHICH IS GOING TO BE BORNE BY THE RATEPAYER, FOR
THAT REASON, MR. SPEAKER, ALTHOUGH I BELIEVE THE SPONSOR IS
WELL-INTENTIONED, I'LL BE VOTING IN THE NEGATIVE AND ENCOURAGE MY
COLLEAGUES TO DO THE SAME.
THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. JEAN-PIERRE TO EXPLAIN HER VOTE.
MS. JEAN-PIERRE: THIS LEGISLATION IS ALL ABOUT
TRANSPARENCY FOR OUR CUSTOMERS. OFTENTIMES, CONSUMERS DON'T FIND OUT
ABOUT RATE INCREASES ON THEIR UTILITY BILLS UNTIL AFTER THE FACT. UTILITY RATE
INCREASES TEND TO HIT LOW- TO MODERATE-INCOME CUSTOMERS AND SENIORS
ON FIXED INCOMES HARDER THAN MOST. AND THIS LEGISLATION IS INTENDED TO
GIVE NEW YORKERS ADEQUATE NOTICE TO MAKE THEIR VOICES HEARD WHEN IT
COMES TO RATE HIKES. JUST LAST MONTH, NATIONAL GRID MADE A FORMAL
REQUEST TO THE PUBLIC SERVICE COMMISSION TO INCREASE DELIVERY RATES BY
161
NYS ASSEMBLY JUNE 13, 2019
6.92 PERCENT, WHICH WOULD HIKE AVERAGE RESIDENTIAL BILLS BY $6.52 A
MONTH. THIS MAY NOT SEEM LIKE A LOT OF MONEY, BUT FOR THOSE WHO ARE
ON FIXED INCOMES OR WORKING JOBS AT LOW WAGE, IT CAN HAVE A
SIGNIFICANT EFFECT ON MAKING ENDS MEET.
AND WITH THIS, I CAST MY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE 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 I COULD
-- WE COULD ADVANCE THE B-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE B-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
TAKE UP OUR NEXT BILL ON DEBATE, IT WOULD BE RULES REPORT NO. 82. AND
IT IS ON PAGE 6 BY MR. DENDEKKER.
ACTING SPEAKER AUBRY: PAGE 6, RULES REPORT
NO. 82, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05194, RULES REPORT
NO. 82, DENDEKKER, SAYEGH, DESTEFANO, RAYNOR, BUCHWALD. AN ACT
TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING MOTOR
VEHICLE DEALERS TO SEARCH FOR RECALLS AND MAKE CERTAIN REPAIRS PRIOR TO
162
NYS ASSEMBLY JUNE 13, 2019
SELLING A USED MOTOR VEHICLE.
ACTING SPEAKER AUBRY: MR. DENDEKKER, AN
EXPLANATION IS REQUESTED.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. THIS
BILL IS A VERY SIMPLE BILL. IT'S JUST GOING TO REQUIRE NEW CAR AUTO DEALERS
AND AUTO DEALERS IN NEW YORK STATE TO REPAIR ANY OPEN RECALLS, SAFETY
RECALLS, ON A VEHICLE BEFORE THEY CAN SELL IT TO A MEMBER OF THE GENERAL
PUBLIC.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU VERY MUCH, MR. SPEAKER. WILL
MR. DENDEKKER YIELD?
ACTING SPEAKER AUBRY: MR. DENDEKKER, WILL
YOU YIELD?
MR. DENDEKKER: YES, MR. SPEAKER, I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: THANK YOU VERY MUCH. SO I KNOW WE -- WE
SPOKE A LITTLE BIT ABOUT THIS A -- A FEW WEEKS AGO. SO, JUST FIRST AND
FOREMOST, I -- I -- YOU KNOW, YOU STATED IT REQUIRES THAT RECALLS BE -- BE
TAKEN CARE OF BEFORE THEY CAN TRANSFER THE VEHICLE. WHAT -- WHAT IS
MEANT BY A GOOD FAITH EFFORT TO -- TO NOTE -- YOU KNOW, LEARN OF A RECALL
ON A VEHICLE?
MR. DENDEKKER: WELL, CURRENTLY, IF WE'RE TALKING
IN A HYPOTHETICAL SITUATION ON A NEW CAR DEALER, MOST OF THEM HAVE
HANDHELD SCANNING DEVICES THAT SCAN THE BARCODE OR THE VIN NUMBER
ON THE CAR, AND THAT MANUFACTURER WOULD KNOW OR THAT DEALER WOULD
163
NYS ASSEMBLY JUNE 13, 2019
KNOW THERE'S AN OPEN RECALL. THE OTHER WAY TO DO IT IS TO GO ON TO A
WEBSITE THAT'S PROVIDED BY THE FEDERAL GOVERNMENT, AND IF YOU PUT IN A
VIN NUMBER IT WOULD TELL YOU IF THERE'S ANY OPEN RECALLS ON IT. SO IT'S
NOT A VERY DIFFICULT PROCESS.
MR. RA: SO, SO LONG AS THEY'VE, YOU KNOW, DONE THAT
THEY WILL HAVE SATISFIED THE REQUIREMENTS OF THIS?
MR. DENDEKKER: I'M SORRY, I -- I DIDN'T HEAR THE
QUESTION.
MR. RA: AND SO LONG AS THE -- YOU KNOW, THE -- THE
DEALER HAS DONE THAT, YOU KNOW, SCANNED THE VIN NUMBER AND USED --
UTILIZED THAT DATABASE, THEY'LL HAVE SATISFIED THIS PROVISION?
MR. DENDEKKER: THAT'S CORRECT. THEY WILL HAVE
MADE A GOOD FAITH EFFORT TO DETERMINE IF THAT SPECIFIC VEHICLE HAD AN
OPEN RECALL.
MR. RA: OKAY. NOW, IN TERMS OF THE RECALLS, THIS
APPLIES TO ANY RECALL THAT'S ISSUED?
MR. DENDEKKER: ANY RECALL FROM THE NATIONAL
SAFETY WEB -- WHAT'S THAT WORD -- THE NATIONAL HIGHWAY AND TRAFFIC
SAFETY [SIC].
MR. RA: OKAY. AND -- AND ONE OF THE THINGS WE HAD
DISCUSSED IS WHETHER OR NOT THAT COULD INCLUDE RECALLS THAT, YOU KNOW,
AREN'T REALLY SAFETY RECALLS. IS YOUR -- IS YOUR UNDERSTANDING, THOUGH,
THAT THAT WOULD -- THAT DATABASE ONLY FLAGS SAFETY RECALLS, OR COULD IT BE
SOMETHING LIKE, YOU KNOW, THE -- THE SEAL AROUND A WINDOW OR A
SUNROOF LEAKS OR SOMETHING OF THAT NATURE?
164
NYS ASSEMBLY JUNE 13, 2019
MR. DENDEKKER: WELL, CORRECT. WE HAD THAT
DISCUSSION, AND THE SEAL AROUND THE WINDOW THAT YOU MIGHT HAVE SAID
THAT YOU DON'T MAYBE WOULD CONSIDER A SAFETY RECALL, OBVIOUSLY IF IT'S
BEEN RECALLED FOR THAT PARTICULAR REASON AND IT HAS MADE IT ON TO THIS
WEBSITE, IT'S BEEN DETERMINED THAT THERE IS A SAFETY ISSUE ASSOCIATED
WITH IT. SO THE ISSUE MIGHT BE THAT SEAL MIGHT BE FAULTY AND THAT
WINDOW THAT IT'S HOLDING IN WILL LEAVE THE VEHICLE AND EITHER CAUSE
DAMAGE TO ANOTHER VEHICLE OR MAYBE CAUSE A -- A PROBLEM FOR THE
PERSON THAT'S OPERATING THE VEHICLE IN WHICH THE SEAL WAS ON. SO,
ALTHOUGH IT SOUNDS LIKE IT'S NOT SERIOUS AND WOULDN'T BE A SAFETY RECALL,
IN ESSENCE, IT WOULD. USUALLY A NON-SAFETY-RELATED ITEM THAT NEEDS TO
BE REPAIRED ON THE CAR, THEY DON'T DO A NATIONAL RECALL. THEY WILL DO A
SERVICE BULLETIN, SO THE NEXT TIME YOU BRING YOUR CAR IN FOR SERVICE, THEY
WOULD SIMPLY FIX THE APPROPRIATE ISSUE. MAYBE IT'S A LITTLE INSIDE LIGHT
BULB THAT IS DEEMED TO BE NECESSARY TO CHANGE, WHERE IT'S A
NON-SAFETY-RELATED ITEM. ONCE IT BECOMES A SAFETY-RELATED ISSUE, WHICH
AGAIN, USUALLY COMES BECAUSE PEOPLE HAVE PURCHASED THE VEHICLE,
THEY'VE DRIVEN IT AROUND, THEY FOUND SOMETHING AT FAULT. SOMETHING
THAT IS A SAFETY CONCERN, THEY'VE REPORTED IT, ENOUGH PEOPLE HAVE
REPORTED THAT SAFETY CONCERN. THE MANUFACTURER THEN AGREES THAT IT IS A
SAFETY CONCERN AND ISSUES A NATIONAL RECALL. AND THEY DO IT VIN
SPECIFIC. BECAUSE, OBVIOUSLY, WE KNOW MANUFACTURERS BUY FROM
MULTIPLE SUPPLIERS FOR DIFFERENT PARTS, AND NOT EVERY SINGLE SUPPLIER IS
MAYBE GIVING THEM A DEFECTIVE PART. SO THEY KNOW WHICH PART IS IN
WHICH VEHICLE BY THE VIN NUMBER.
165
NYS ASSEMBLY JUNE 13, 2019
MR. RA: OKAY. AND IS THERE -- YOU KNOW, UNDER THIS
-- MY UNDERSTANDING IS, YOU KNOW, SOMETIMES, YOU KNOW, WHEN THERE
IS A MAJOR, MAJOR RECALL, THAT SOMETIMES THE MANUFACTURER MAY HAVE,
YOU KNOW, IDENTIFIED AN ISSUE AND MAYBE THEY FIGURED OUT THE SOLUTION,
MAYBE THEY HAVE NOT YET, BUT THEY'RE TRYING TO ALERT THE PUBLIC, YOU
KNOW, NOT TO DRIVE THE VEHICLE BECAUSE OF THAT CONCERN. AND
SOMETIMES THERE ENDS UP BEING QUITE A BIT OF A, YOU KNOW, BACKLOG IN
ADDRESSING THESE. AND -- AND I THINK THERE'S EVEN BEEN SITUATIONS
WHERE, YOU KNOW, THEY'VE NOTIFIED THE CONSUMERS AND THEY BASICALLY
EITHER HAVE TO PROVIDE A LOANER CAR OR THEY -- OR THEY END UP HAVING
BASICALLY SOMEBODY SIGN SOME TYPE OF WAIVER SAYING THAT THEY'VE BEEN
NOTIFIED OF THIS RECALL, YOU KNOW, SO AS TO -- TO PROTECT THE -- THE
MANUFACTURER FROM LIABILITY. IS THERE -- IS THERE ANY -- THIS IS ABSOLUTE,
CORRECT? THERE'S NO ABILITY FOR, YOU KNOW, FOR THE CONSUMER AND THE --
AND THE DEALER TO SAY, LOOK, THERE IS THIS OPEN SAFETY RECALL. YOU NEED
TO CONTACT THE MANUFACTURER. THEY'RE GOING TO -- THEY'LL FIX IT FOR YOU.
THEY CANNOT, UNDER ANY CIRCUMSTANCES, TRANSFER A CAR THAT THEY KNOW
THERE'S A RECALL WITHOUT FIRST GETTING IT REPAIRED, CORRECT?
MR. DENDEKKER: YES. AND THE PURPOSE OF THIS
BILL IS WE DON'T WANT VEHICLES ON THE ROAD THAT ARE UNSAFE. SO, TO
ADDRESS SOME OF THE PRIVATE SALES, FOR EXAMPLE, WE NOW HAVE THE NEW
YORK STATE DEPARTMENT OF MOTOR VEHICLES HAS LINKED A DATABASE WITH
THE NATIONAL TRANSPORTATION SAFETY ADMINISTRATION'S WEBSITE WHICH IS
NOW HOOKED UP TO EVERY SINGLE SERVICE STATION THAT DOES INSPECTIONS IN
THE STATE OF NEW YORK, SO THAT WHEN YOUR CAR GETS INSPECTED, AT THE
166
NYS ASSEMBLY JUNE 13, 2019
BOTTOM OF YOUR INSPECTION STICKER WILL GIVE YOU A NOTIFICATION WHETHER
THERE'S ANY OPEN RECALLS ON YOUR VEHICLE. HOWEVER, WHEN WE'RE
DEALING WITH A DEALERSHIP, A LICENSED RESALE OR -- OR NEW CAR DEALERSHIP,
THEY, IN TURN, HAVE A RESPONSIBILITY. THEY'RE A BUSINESS, THEY NEED TO
MAKE SURE THAT THE VEHICLES THAT THEY'RE SELLING ARE SAFE. AND THE BEST
WAY TO DO THAT IS TO ADDRESS THESE RECALLS RIGHT AT THAT POINT. WHEN
PEOPLE PURCHASE A VEHICLE FROM A DEALER, THEY EXPECT IT TO BE SAFE.
THEY EXPECT IT NOT TO HAVE ANY OPEN RECALLS. THEY EXPECT THAT THE
WHEEL IS NOT GOING TO FALL OFF OR THAT THE WINDOW IS GOING TO COME OFF
WHEN THEY'RE DRIVING IT HOME. AND IF THERE WAS A SAFETY RECALL, IT NEEDS
TO BE ADDRESSED. NOW, THEY CAN ADDRESS IT MANY DIFFERENT WAYS. ONE
WAY MIGHT BE IS THEY WILL REPAIR THE VEHICLE THEMSELVES IF THEY'RE AN
AUTHORIZED DEALER TO DO THAT, OR ANOTHER WAY IS THEY'LL TRANSPORT THAT
VEHICLE TO A LOCAL DEALERSHIP IN THE AREA THAT WILL ALSO THE FIX THE DEAL --
FIX IT. THERE IS NO COST TO THAT DEALER WHEN HE SENDS IT BACK TO THE
MANUFACTURER'S DEALER TO HAVE IT FIXED. SO I -- I -- I DON'T THINK THERE'S
ANY ISSUE OR ANY COST TO ANYONE ELSE, AND THAT'S NOT OUR INTENTION. OUR
INTENTION IS TO MAKE SURE THAT EVERY VEHICLE ON THE ROAD TODAY IS 100
PERCENT SAFE AND OPERATIONAL.
MR. RA: OKAY. MY -- MY LAST QUESTION, YOU KNOW,
UNDER THE DEFINITION OF -- OF DEALER ON THE BILL, THIS WOULD APPLY TO -- I
-- I KNOW IT REFERENCES ANOTHER SECTION OF LAW, BUT ARE YOU FAMILIAR
WITH THAT DEFINITION? WOULD THAT BE ANY SIZE -- ANYTHING FROM LIKE, YOU
KNOW, A MAJOR -- YOU KNOW, ONE OF THESE CONGLOMERATES THAT HAS ALL
THESE DEALERSHIPS TO, YOU KNOW, A SMALL USED CAR LOT?
167
NYS ASSEMBLY JUNE 13, 2019
MR. DENDEKKER: THAT'S CORRECT, YES.
MR. RA: OKAY. THANK YOU VERY MUCH.
MR. DENDEKKER: IT WOULD ENCOMPASS ALL OF
THEM, YES.
MR. RA: THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.
MR. RA: THANK YOU VERY MUCH. I -- YOU KNOW, I -- I
THINK I CERTAINLY SUPPORT THE INTENTION OF THIS PIECE OF LEGISLATION, BUT
THERE -- THERE ARE A COUPLE OF CONCERNS THAT HAVE BEEN RAISED, AND SOME
OF US MAY HAVE SEEN SOME OF THE MEMOS FROM -- FROM DIFFERENT GROUPS
REGARDING THIS. ONE OF THEM IS -- IS SOMETHING I MENTIONED. YOU
KNOW, A RECALL THAT IS ISSUED COULD PERHAPS BE FOR SOMETHING VERY
SMALL, AND THE OTHER ONE BEING, YOU KNOW, THERE COULD BE A -- A RECALL
ISSUE AND THERE COULD BE A MAJOR BACKLOG TO FIXING IT. AND THAT DEALER
WILL SIT WITH THIS CAR ON THE LOT FOR POTENTIALLY MONTHS. THE CONCERN I
HAVE WITH THAT IS THAT IT COULD HAVE THE POTENTIAL TO MAKE DEALERS LESS
LIKELY TO TAKE CERTAIN CARS AS TRADE-INS. YOU KNOW, MAYBE IF YOU'RE A
JEEP DEALER, RIGHT NOW, PEOPLE MAY COME IN WITH -- WITH CARS FROM
OTHER MANUFACTURERS AND YOU MAY BE WILLING TO ACCEPT THOSE AS
TRADE-INS. YOU KNOW, PERHAPS MORE AS THIS BURDEN SHIFTS AND YOU HAVE
TO WORRY ABOUT THINGS OF THIS NATURE, YOU MAY BE LESS LIKELY TO DO THAT
AND MAYBE YOU'RE ONLY GOING TO TAKE OTHER CARS THAT COME FROM YOUR
MANUFACTURER BECAUSE YOU'RE GOING TO BE MORE FAMILIAR WITH THEM,
YOU'RE GOING TO BE EQUIPPED TO MAKE THESE REPAIRS SO THAT YOU CAN
168
NYS ASSEMBLY JUNE 13, 2019
TRANSFER THEM AND YOU DON'T HAVE THE CAR SITTING ON YOUR LOT.
SO, YOU KNOW, AS A RESULT OF SOME OF THOSE CONCERNS, I
KNOW IN THE PAST THERE'S BEEN -- THERE'S BEEN SOME -- SOME NO VOTES,
AND -- AND -- AND I THINK PEOPLE ARE -- ARE STILL -- YOU KNOW, HAVE THOSE
CONCERNS WITH HOW THIS COULD IMPACT, YOU KNOW, THOSE BUSINESSES THAT
-- WHO ARE TRYING TO TRANSFER CARS, YOU KNOW -- YOU KNOW, GETTING A
GOOD RELIABLE USED CAR IS SOMETHING THAT -- THAT, YOU KNOW, PEOPLE WANT
TO BE ABLE TO DO. SOME USED CAR LOTS MAY BE VERY SMALL. IT MAY BE,
YOU KNOW, NOT NECESSARILY THE MAIN AREA OF THEIR BUSINESS, BUT IT DOES
PROVIDE A -- A SERVICE TO THE CONSUMER. WE CERTAINLY DON'T WANT, YOU
KNOW, UNSAFE CARS ON THE ROAD, BUT THIS DOES NOT REALLY MAKE ANY
PROVISIONS THAT, YOU KNOW, YOU CAN NOTIFY A CONSUMER AND HAVE THEM
MAKE A WELL-INFORMED DECISION WHETHER THEY WANT TO PURCHASE THAT
VEHICLE AND TAKE CARE OF THE RECALL THEMSELVES, YOU KNOW, FOR WHATEVER
REASON. MAYBE THEY -- THEY JUST NEED A CAR RIGHT AWAY.
SO -- SO FOR THOSE REASONS, I -- I THINK THERE ARE GOING
TO BE SOME OPPOSITION ON OUR SIDE OF THE AISLE. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. DENDEKKER TO EXPLAIN HIS VOTE.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. I JUST
WANTED TO MENTION THAT MOST OF THESE VEHICLES THAT ARE TRADED IN ARE NOT
169
NYS ASSEMBLY JUNE 13, 2019
RESOLD BY THE SAME DEALER. MOST OF THOSE VEHICLES END UP AT VERY LARGE
AUCTION HOUSES. SO, A GOOD WAY THAT THE DEALERS COULD MAKE THIS WORK
IS AS THEY TAKE IN THEIR TRADE-INS AND THEY'RE SENDING THE VEHICLES TO THE
AUCTIONS, THAT SOMEONE AT THE AUCTION COULD CHECK THEM ALL OUT, FIND
OUT IF THERE'S ANY RECALLS, FIX THE RECALLS BEFORE ANOTHER DEALER EVEN GOES
TO THAT AUCTION TO BUY THE VEHICLES. THAT WOULD BE A -- A GOOD WAY OF
CIRCUMVENTING THIS. GIVING AN ACTUAL NOTICE OR A PIECE OF PAPER TO
SOMEBODY TELLING THEM, HEY, THERE'S AN OPEN RECALL ON THAT CAR THAT
I'M GOING TO SELL YOU, AND YOU SHOULD GO TAKE IT TO A DEALER AFTER YOU
BUY IT FROM ME AND GET IT FIXED IS PROBABLY NOT THE RIGHT WAY TO DO THIS.
GOD FORBID THAT THAT PERSON TAKES THE CAR OFF THE LOT AND THAT RECALL IS A
SERIOUS SAFETY RECALL AND SOMETHING HAPPENS AND AN ACCIDENT IS
INVOLVED. THE DEALER'S GOING TO TURN AROUND AND SAY, WELL, I NOTIFIED
YOU, I GAVE YOU PIECE OF PAPER TO TELL YOU ABOUT IT. AND THAT'S NOT THE
PROPER WAY WE SHOULD BE SELLING CARS AT DEALERSHIPS. WE NEED TO MAKE
SURE CARS ARE SAFE WHEN THEY'RE ON THE ROAD.
I ENCOURAGE EVERYBODY TO VOTE THIS IN THE POSITIVE, AND
I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
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, WOULD YOU
PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. OTIS FOR THE
170
NYS ASSEMBLY JUNE 13, 2019
PURPOSES OF AN ANNOUNCEMENT.
MR. OTIS: THERE WILL BE AN IMMEDIATE DEMOCRATIC
CONFERENCE UPON THE CONCLUSION OF SESSION IN THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER AUBRY: DEMOCRATIC
CONFERENCE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY FOLLOWING
SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: OH, YES, WE DO.
ON A MOTION BY -- BY MR. DENDEKKER, PAGE 14, RULES
REPORT NO. 135, BILL NO. 5635-A, THE SUBSTITUTION OF THE SENATE BILL
PREVIOUSLY ORDERED IS WITHDRAWN. THE ASSEMBLY BILL IS BEFORE THE
HOUSE AND THE AMENDMENTS ARE RECEIVED AND ADOPTED.
ON THE MAIN CALENDAR, A MOTION BY MS. ROSENTHAL,
PAGE 52, CALENDAR NO. 372, BILL NO. 486-A, AMENDMENTS ARE RECEIVED
AND ADOPTED.
ON THE B-CALENDAR, ON A MOTION BY MR. ZEBROWSKI,
PAGE 8, RULES REPORT NO. 257, BILL NO. 4470, AMENDMENTS ARE
RECEIVED AND ADOPTED.
ON BEHALF OF MR. HEVESI, ASSEMBLY BILL RECALLED FROM
THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE REAL PROPERTY
LAW.
171
NYS ASSEMBLY JUNE 13, 2019
ACTING SPEAKER AUBRY: 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
WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 559-568
WERE UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., FRIDAY, JUNE
THE 14TH, FRIDAY BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 7:56 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL FRIDAY, JUNE 14TH AT 10:00 A.M., THAT BEING A SESSION
DAY.)
172