THURSDAY, JUNE 20, 2019                                                                    10:17 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 19TH.

                                 MRS. COOK.

                                 MRS. COOK:  YES, SIR.  MR. SPEAKER, I MOVE TO

                                          1



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, JUNE

                    19TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. COOK.

                                 MRS. COOK:  THANK YOU.  "YESTERDAY IS HISTORY.

                    TOMORROW IS A MYSTERY.  TODAY IS A GIFT OF GOD WHICH IS WHY WE WILL

                    CALL IT THE PRESENT."  THAT WAS FROM BILL KEANE WHO WAS AN AMERICAN

                    CARTOONIST MOST KNOWN FOR HIS WORK ON THE NEWSPAPER COMIC THE

                    FAMILY CIRCUS.

                                 THE MAJORITY LEADER IS NOT PRESENT TODAY BECAUSE OF A

                    FAMILY EMERGENCY, SOMEONE PASSED AWAY IN HER FAMILY.  OKAY.

                                 MR. SPEAKER, MAY I HAVE THE MEMBERS' ATTENTION SO

                    THAT WE CAN ANNOUNCE THE SCHEDULE FOR THE DAY?

                                 MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR AND A

                    DEBATE LIST.  AFTER ANY INTRODUCTIONS AND HOUSEKEEPING, WE WILL

                    CONTINUE TO CONSENT BILLS WHERE WE LEFT OFF, BEGINNING WITH RULES

                    REPORT NO. 519 ON PAGE 17, THROUGH RULES REPORT NO. 633 ENDING ON

                    PAGE 39.  WE WILL ALSO BE TAKING UP BILLS ON DEBATE.  WAYS AND MEANS

                    AND RULES COMMITTEE WILL MEET.  THEIR WORK WILL PRODUCE AN A- AND

                    B-CALENDAR.  THERE WILL LIKELY BE THE NEED FOR PARTY CONFERENCES, ON

                    WHICH FURTHER ANNOUNCEMENTS WILL BE MADE.

                                 SO WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, IF

                    THERE ARE ANY OTHER INTRODUCTIONS AND HOUSEKEEPING, NOW WOULD BE THE

                    APPROPRIATE TIME TO DO THAT.

                                          2



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MRS. COOK, FIRST,

                    WELCOME TO THE NEW ROLE, THANK YOU.  WE WILL TRY AND BEHAVE

                    OURSELVES, MAKE IT EASY FOR YOU.

                                 (APPLAUSE)

                                 BUT WE ARE GIFTED AGAIN TODAY BECAUSE IT IS THE PRESENT

                    WITH NO INTRODUCTION AND NO HOUSEKEEPING.

                                 (APPLAUSE)

                                 MRS. COOK:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07902-A, RULES

                    REPORT NO. 519, HAWLEY.  AN ACT TO AMEND THE PUBLIC OFFICERS LAW

                    AND THE TOWN LAW, IN RELATION TO THE RESIDENCE OF THE PERSON HOLDING

                    THE OFFICE OF TOWN SUPERINTENDENT OF HIGHWAYS OR TOWN ENGINEER OF

                    THE TOWN OF PAVILION, GENESEE COUNTY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    HAWLEY, 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.)

                                 MEMBERS, THIS IS THE FIRST VOTE OF THE DAY.  IF YOU ARE

                    IN YOUR SEAT AT THE MOMENT, PLEASE VOTE.  IF YOU ARE IN THE SOUND OF OUR

                    VOICE OUTSIDE THE CHAMBER, COME TO THE CHAMBER AND CAST YOUR VOTE.

                    WE HAVE A LOT OF WORK TO DO TODAY, LADIES AND GENTLEMEN, LET'S DO IT

                                          3



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EFFICIENTLY.  THANK YOU.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, MEMBERS SHOULD BE

                    REMINDED THAT THIS IS THE FIRST VOTE.  PLEASE COME TO YOUR CHAIRS AND --

                    AND VOTE, PLEASE.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR AND

                    WELCOME TO YOU, SIR.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07917-B, RULES

                    REPORT NO. 520, SOLAGES.  AN ACT AUTHORIZING THE NEW HORIZON

                    COUNSELING CENTER, INC. TO RECEIVE RETROACTIVE REAL PROPERTY TAX EXEMPT

                    STATUS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT 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. A07950-A, RULES

                                          4



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    REPORT NO. 521, RAMOS.  AN ACT IN RELATION TO AUTHORIZING CHRISTIAN

                    WORSHIP CENTER CHURCH OF GOD TO FILE AN APPLICATION FOR EXEMPTION

                    FROM REAL PROPERTY TAXES FOR A CERTAIN ASSESSMENT ROLL.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 WE WILL TAKE THAT BACK.

                                 ON A MOTION BY MR. RAMOS, THE SENATE BILL IS BEFORE

                    THE HOUSE.  THE SENATE BILL IS ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07983, RULES REPORT

                    NO. 522, PALUMBO.  AN ACT TO AUTHORIZE THE TOWN OF BROOKHAVEN TO

                    EXTEND THE BOUNDARIES OF THE ROCKY POINT FIRE DISTRICT TO INCLUDE THE

                    VILLAGE OF SHOREHAM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    PALUMBO, 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 AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                          5



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08021, RULES REPORT

                    NO. 523, JAFFEE.  AN ACT TO AMEND THE FAMILY COURT ACT, IN RELATION TO

                    SEALING AND EXPUNGEMENT OF RECORDS IN PERSONS IN NEED OF

                    SUPERVISION CASES IN THE FAMILY COURT.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08061, RULES REPORT

                    NO. 524, WILLIAMS.  AN ACT TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO REQUIRING STATE CONTRACTORS SUBMIT A STATEMENT ON HUMAN

                    TRAFFICKING.

                                 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. A08100, RULES REPORT

                    NO. 525, THIELE.  AN ACT AUTHORIZING THE ALIENATION OF CERTAIN

                    PARKLANDS IN THE TOWN OF EAST HAMPTON, COUNTY OF SUFFOLK.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                                          6



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THIELE, 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 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. A08123-A, RULES

                    REPORT NO. 526, ENGLEBRIGHT, D'URSO, L. ROSENTHAL, ORTIZ, THIELE,

                    REYES, GOTTFRIED, GRIFFIN, OTIS.  AN ACT TO AMEND THE EXECUTIVE LAW,

                    IN RELATION TO PRESERVING ECOLOGICAL INTEGRITY, WILDLIFE AND OPEN SPACE

                    IN THE ADIRONDACK PARK.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08155, RULES REPORT

                    NO. 527, BARCLAY, MANKTELOW.  AN ACT TO AMEND THE PUBLIC OFFICERS

                    LAW, IN RELATION TO PROVIDING THAT A SPECIAL PATROL OFFICER OF THE COUNTY

                    OF OSWEGO NEED NOT BE A RESIDENT OF SUCH COUNTY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    BARCLAY, 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.

                                          7



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME ON THE MAIN

                    CALENDAR, RULES REPORT NO. 88, PAGE 3, MR. BRONSON.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05459, RULES REPORT

                    NO. 88, BRONSON, D'URSO, BLAKE, FAHY, STECK, COLTON, REYES.  AN ACT

                    TO AMEND THE STATE FINANCE LAW, IN RELATION TO THE COST EFFECTIVENESS

                    OF CONSULTANT CONTRACTS BY STATE AGENCIES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MR. BRONSON.

                                 WE ARE ON DEBATE.  MEMBERS WHO ARE IN THE AISLES,

                    PLEASE TAKE YOUR SEATS.  GENTLEMAN, GENTLE LADY, WOULD YOU PLEASE TAKE

                    YOUR SEATS?  WE HAVE A DEBATE GOING ON.  HELLO, NICE TO MEET YOU.

                                 PROCEED, MR. BRONSON.  SHH.

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

                    IS IN RESPONSE TO NEW YORKERS ACROSS THE STATE ASKING FOR STATE

                    GOVERNMENT TO FIND COST EFFICIENCIES AND TO REIN IN STATE SPENDING.

                    THIS BILL, WHEN ENACTED, WILL INDEED SAVE MILLIONS OF TAXPAYER DOLLARS.

                                 ESSENTIALLY WHAT THE BILL DOES IS IT WOULD REQUIRE

                    WHENEVER A STATE AGENCY IS ANTICIPATING LETTING OUT A CONTRACT TO

                                          8



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CONSULTANTS AND THAT CONTRACT IS GOING TO COST MORE THAN $750,000 OVER

                    A 12-MONTH PERIOD, THAT THERE MUST BE A COST ANALYSIS DONE COMPARING

                    THE COST OF LETTING THE CONTRACT OUT VERSUS THE COST OF HAVING STATE

                    EMPLOYEES DO THE WORK.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  WOULD THE SPONSOR YIELD?

                                 MR. BRONSON:  YES, MR. SPEAKER, I WILL.

                                 ACTING SPEAKER AUBRY:  MR. BRONSON YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. BRONSON.  I KNOW

                    WE PASSED A SIMILAR BILL, I BELIEVE LAST YEAR, THAT WAS VETOED BY THE

                    GOVERNOR.  HAS THIS BILL BEEN CHANGED?

                                 MR. BRONSON:  IT HAS NOT.

                                 MR. GOODELL:  AND IS THERE ANY INDICATION THAT THE

                    GOVERNOR HAS CHANGED?

                                 MR. BRONSON:  I CERTAINLY --

                                 MR. GOODELL:  AT LEAST IN HIS PERSPECTIVE?

                                 MR. BRONSON:  I CERTAINLY HOPE SO.

                                 MR. GOODELL:  YOU AND I SHARE THAT FROM TIME TO

                    TIME.  BUT GETTING BACK TO THIS.  PART OF THE CONCERNS THAT THE GOVERNOR

                    EXPRESSED WAS THAT THE COST OF THE STUDY MIGHT EXCEED THE SAVINGS THAT

                    WOULD OTHERWISE BE ACHIEVED; WHAT'S YOUR VIEW ON THAT?

                                 MR. BRONSON:  I THINK THAT IT IS IMPORTANT THAT WE

                    SET AS A PRIORITY THAT WE'RE GOING TO TRY TO SAVE TAXPAYER DOLLARS AND THE

                    -- IT'S -- IT'S NOT A STUDY THAT HAS TO BE DONE, IT'S AN ANALYSIS DONE BY THE

                                          9



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AGENCY AND, IN FACT, THERE ARE SOME AGENCIES THAT ALREADY DO THIS.  SO, I

                    THINK THAT IF THE GOVERNOR BELIEVES THAT CERTAIN AGENCIES SHOULD DO THIS,

                    I THINK THAT THE LOGIC SHOULD APPLY THAT ALL AGENCIES OUGHT TO DO THAT

                    COMPARISON ANALYSIS.

                                 MR. GOODELL:  AND DOES THIS BILL CONTAIN A

                    COST-SAVING THRESHOLD?  IN OTHER WORDS, DOES THE STUDY HAVE TO INDICATE

                    THAT, FOR EXAMPLE, THERE'D BE A SAVINGS IN EXCESS OF A CERTAIN AMOUNT

                    BEFORE YOU WOULD GO WITH A CONTRACTOR?

                                 MR. BRONSON:  I BELIEVE IT'S 10 PERCENT.

                                 MR. GOODELL:  SO IF THIS BILL WERE IMPLEMENTED,

                    THEN, WE WOULD SPEND UP TO 10 PERCENT MORE BY NOT GOING WITH A

                    CONTRACTOR THAN WITH GOING WITH AN OUTSIDE CONSULTANT?

                                 MR. BRONSON:  THERE WOULD BE FLEXIBILITY SO THAT

                    -- I MEAN, WE DON'T WANT AN EXACT KIND OF COMPARISON, AND SO THERE'S

                    AN EXACT, YOU KNOW, FOUNDATION LINE.  SO, WE WANT TO GIVE SOME

                    FLEXIBILITY AND THAT'S WHY WE ALSO HAVE CERTAIN AREAS WHERE THE CONTRACT

                    WOULD BE LETTED OUT BECAUSE OF -- OF A SPECIALITY AREA OR SOMETHING OF

                    THAT NATURE.

                                 MR. GOODELL:  AND HOW WOULD THIS APPLY IN THE

                    CONTEXT OF DESIGN-BUILD?

                                 MR. BRONSON:  IT WOULD -- SO, IN -- IN

                    DESIGN-BUILD, DEPENDING ON IF THAT'S AUTHORIZED AND, AS YOU KNOW,

                    THAT'S ONLY AUTHORIZED IN LIMITED SITUATIONS ACROSS THE STATE AND,

                    CERTAINLY, IN NEW YORK CITY WE -- WE HAVE DONE IT MORE OFTEN, BUT I

                    THINK THAT THE SAME WAY THAT YOU -- EXPERTS ARE USED IN A DESIGN-BUILD

                                         10



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SCENARIO, WE WOULD DO THAT ANALYSIS HERE.  BUT WITH THAT, WE'RE -- THE

                    ARGUMENT OF USING DESIGN-BUILD IS BECAUSE OF THE EFFICIENCIES OF

                    HAVING ONE PERSON GO ALL THE WAY THROUGH THE PROJECT.  SO, I THINK THERE

                    WOULD BE SOME LIMITATIONS JUST OUT OF A -- A PRACTICAL NATURE OF

                    DESIGN-BUILD.

                                 MR. GOODELL:  ONE OF THE OTHER CONCERNS THAT WAS

                    RAISED WAS NOT ONLY THE COST OF DOING THE STUDY, BUT THE STAFF RESOURCES

                    THAT WOULD BE NEEDED TO DO THE STUDY.

                                 MR. BRONSON:  OH.

                                 MR. GOODELL:  COULD A STATE AGENCY CONTRACT WITH

                    A PRIVATE CONSULTANT TO DO THE COST ANALYSIS OF HIRING PRIVATE

                    CONSULTANTS FOR A -- A PARTICULAR PROJECT?  FOR EXAMPLE, PRICE

                    WATERHOUSE AND SOME OF THE OTHER LARGER FIRMS DO A LOT OF THAT COST

                    ANALYSIS WORK.  SO, MY QUESTION IS, COULD THE STATE AGENCY HIRE AN

                    OUTSIDE CONSULTANT TO EVALUATE THE COST-EFFECTIVENESS OF OUTSIDE

                    CONSULTANT CONTRACTS?

                                 MR. BRONSON:  I PRESUME THAT THEY COULD.

                                 MR. GOODELL:  SO THIS DOES NOT REQUIRE THAT THE

                    COST ANALYSIS BE PERFORMED IN-HOUSE?

                                 MR. BRONSON:  I CAN'T IMAGINE THAT A COST ANALYSIS

                    IS GOING TO COST OVER $750,000, SO MY SENSE IS IF THEY -- THEY BELIEVE

                    THEY WOULD NEED THAT OUTSIDE EXPERTISE, IT'S POSSIBLE, BUT LET ME GET

                    BACK TO YOUR PREVIOUS QUESTION, MR. GOODELL, BECAUSE I -- I DIDN'T GIVE

                    A COMPLETE ACCURATE ANSWER.  ON DESIGN-BUILD, THAT WOULDN'T APPLY

                    HERE BECAUSE PUBLIC WORKS PROJECTS, PUBLIC PROJECTS ARE NOT INCLUDED IN

                                         11



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THIS BILL.

                                 MR. GOODELL:  NOW, YOU ALSO HAVE SPECIAL

                    PROVISIONS IN THE EVENT WORK THAT'S CURRENTLY BEING DONE BY STATE

                    EMPLOYEES IS CONTRACTED OUT AND AFFECTS 50 OR MORE EMPLOYEES?

                                 MR. BRONSON:  YES, WE DO.

                                 MR. GOODELL:  AND IN THAT CASE AS I UNDERSTAND IT,

                    THE EMPLOYEES AND THEIR BARGAINING UNIT HAVE AN OPPORTUNITY TO SUBMIT

                    A BID --

                                 MR. BRONSON:  YES.

                                 MR. GOODELL:  -- FOR WORK.  IS THERE A TIMEFRAME

                    ON WHICH THEY ARE REQUIRED TO SUBMIT THAT BID?

                                 MR. BRONSON:  I DON'T BELIEVE THAT'S IN THE STATUTE.

                                 MR. GOODELL:  SO, ONE OF THE CONCERNS -- ANOTHER

                    ONE OF THE CONCERNS WAS THAT THIS COULD DELAY THE PROVISION OF CRITICAL

                    SERVICES WHILE EITHER THE STUDY IS BEING DONE OR ALTERNATIVE BIDS ARE

                    BEING SOLICITED FROM EMPLOYEES; WHAT'S YOUR VIEW ON THAT?

                                 MR. BRONSON:  WELL, I THINK THAT, YOU KNOW, THE --

                    THE STATE AGENCY AND THE WORKERS WITHIN THAT WOULD -- WOULD, I MEAN,

                    THEY -- THEY WANT TO BE COMPETITIVE, THEY WANT THESE PROJECTS.  SO, YOU

                    KNOW, I DON'T THINK THAT THEY'RE GOING TO HAVE UNDUE DELAY IN -- IN

                    SUBMITTING THEIR PROPOSAL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    BRONSON.  I APPRECIATE YOUR COMMENTS.

                                 MR. BRONSON:  THANK YOU.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                         12



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I APPRECIATE MR. BRONSON'S

                    COMMENTS ABOUT THE NEED TO MAKE SURE THAT WE DO A COST-BENEFIT

                    ANALYSIS BEFORE WE CONTRACT OUT ANY SERVICES THAT ARE CURRENTLY BEING

                    PROVIDED BY THE STATE AGENCY ITSELF; HOWEVER, THIS BILL IS CLEAR THAT THE

                    PURPOSE OF THAT COST-BENEFIT ANALYSIS IS NOT NECESSARILY TO SAVE THE STATE

                    MONEY.  BECAUSE WHAT IT SAID IS EVEN IF THE COST-BENEFIT ANALYSIS

                    INDICATES THAT THE STATE TAXPAYERS WOULD SAVE 10 PERCENT OR LESS -- I'M

                    SORRY, YEAH, UP TO 10 PERCENT, WE WOULD STILL KEEP IT IN-HOUSE.  AND SO

                    IF OUR FOCUS IS TO PROVIDE THE BEST QUALITY SERVICE FOR OUR RESIDENTS AT

                    THE LOWEST PRICE, THEN WE SHOULDN'T PASS A LAW THAT SAYS WE'LL CHARGE

                    YOU UP TO 10 PERCENT MORE JUST TO KEEP IT IN-HOUSE.

                                 AND I WILL SHARE -- AND IN A PREVIOUS LIFE, IT SEEMS LIKE

                    AN ETERNITY AGO, I WORKED FOR COUNTY GOVERNMENT AND WE ROUTINELY

                    CONTRACTED SERVICES OUT OR BROUGHT THEM BACK.  AND WHAT WE FOUND IS

                    THAT MAINTAINING THAT COMPETITIVE FOCUS AND ALWAYS FOCUSING ON THE

                    BOTTOM LINE OF THE BEST SERVICE FOR THE BEST PRICE WAS A GREAT BENEFIT FOR

                    OUR TAXPAYERS.  THIS CHANGES THE EQUATION BY SAYING WE'LL KEEP IT

                    IN-HOUSE EVEN IF IT COSTS UP TO 10 PERCENT MORE, AND DEPENDING ON --

                    WE'RE ONLY DEALING WITH CONTRACTS OVER $750- SO THAT 10 PERCENT MORE

                    COULD BE QUITE SUBSTANTIAL.  FOR THAT REASON, I WILL NOT BE SUPPORTING IT

                    AND RECOMMENDING MY COLLEAGUES THAT THEY PUT THE TAXPAYERS FIRST,

                    QUALITY FIRST, SERVICE FIRST AND ENCOURAGE THE CONTINUED USE OF

                    COST-BENEFIT ANALYSIS TO MAKE SURE THAT WE ARE GETTING THE BEST BANG FOR

                                         13



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE BUCK FOR OUR RESIDENTS.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. BRONSON TO EXPLAIN HIS VOTE.

                                 MR. BRONSON:  TO EXPLAIN MY VOTE, MR. SPEAKER.

                    THIS BILL, INDEED, IS ABOUT SAVING TAXPAYER DOLLARS AND FINDING

                    EFFICIENCIES.  IN NEW YORK STATE, WE SPEND OVER $2 BILLION A YEAR ON

                    CONSULTANTS AND, IN MANY CASES, THESE CONSULTANTS PERFORM WORK THAT

                    COULD BE DONE BY PROFESSIONALS WITHIN THE STATE WORKFORCE.  BY SOME

                    ESTIMATES, THE STATE SPENDS 32, 32 PERCENT MORE ON STATE CONTRACTS FOR

                    PERSONAL SERVICES TODAY THAN IT DID A DECADE AGO, AND THE COST OF

                    SERVICES PROVIDED BY CONSULTANTS IS SIGNIFICANTLY HIGHER THAN SERVICES

                    PROVIDED BY STATE EMPLOYEES.

                                 OVER THE YEARS, VARIOUS COMPTROLLERS HAVE CONDUCTED

                    STUDIES AND ANALYSIS THAT REVEAL SAVINGS IN THE HUNDREDS OF MILLIONS OF

                    DOLLARS.  THESE STUDIES HAVE BEEN DONE BY COMPTROLLERS ON BOTH SIDES

                    OF THE AISLE, REPUBLICANS AND DEMOCRATS, AND THEY HAVE COME TO THE

                    SAME CONCLUSION:  THAT WE SAVE MONEY WHEN OUR PROFESSIONAL STATE

                    EMPLOYEES PROVIDE THESE SERVICES.  THERE HAVE BEEN -- THE SENATE TASK

                    FORCE ON GOVERNMENT EFFICIENCY ESTIMATED THAT THE DEPARTMENT OF

                                         14



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TRANSPORTATION COULD SAVE ABOUT $46 MILLION PER YEAR BY IMPLEMENTING

                    A SIMILAR POLICY TO THIS.  THE FEDERAL OFFICE OF MANAGEMENT AND

                    BUDGET ISSUED A DIRECTIVE TO FEDERAL GOVERNMENT AGENCIES THAT CALLS FOR

                    THEM TO PERFORM A COST-BENEFIT ANALYSIS BEFORE ENTERING INTO CONTRACTS

                    AND TO INITIATE PILOT PROGRAMS IN THIS REGARD.

                                 THIS PROGRAM WOULD WORK.  IT WOULD SAVE TAXPAYER

                    DOLLARS.  THE ANALYSIS WOULD SHOW WHEN WE SHOULD BE USING STATE

                    EMPLOYEES.  I ASK MY COLLEAGUES TO VOTE FOR THE TAXPAYERS AND VOTE YES

                    ON THIS BILL.  I WITHDRAW MY REQUEST AND I WILL BE VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. BRONSON IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME, CAN WE GO

                    TO RULES REPORT NO. 79, PAGE 3, MR. COLTON.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A04816, RULES REPORT

                    NO. 79, COLTON, WEPRIN, ZEBROWSKI, JAFFEE, LAVINE, M.G. MILLER,

                    ARROYO, MCDONOUGH, BLAKE, LAWRENCE, ABINANTI, DICKENS, D'URSO,

                    GOTTFRIED, MONTESANO, CRUZ, COOK, FERNANDEZ.  AN ACT TO AMEND THE

                    PENAL LAW, IN RELATION TO PROHIBITING THE MANUFACTURE, TRANSPORT OR

                    SHIPMENT OF UNDETECTABLE KNIVES AND PROHIBITING THE POSSESSION OF

                                         15



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SUCH KNIVES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MR. COLTON.

                                 MR. COLTON:  YES, THANK YOU.  THIS BILL PROHIBITS

                    THE MANUFACTURE, TRANSPORT, SHIPMENT OR POSSESSION OF AN UNDETECTABLE

                    KNIFE, WHICH THE BILL DEFINES AS A KNIFE WHICH DOES NOT UTILIZE MATERIALS

                    THAT ARE DETECTABLE BY A METAL DETECTOR, THAT IS CAPABLE OF READY-USE AS

                    A STABBING OR CUTTING WEAPON, AND WAS COMMERCIALLY MANUFACTURED TO

                    BE USED AS A WEAPON.  THESE WEAPONS PRESENT A SERIOUS SECURITY RISK TO

                    ANY BUILDING THAT NEEDS TO USE METAL DETECTORS FOR THE PREVENTION OF

                    VIOLENCE OR TERRORIST ACTS, WHICH IS WHY THIS BILL HAS HAD THE SUPPORT OF

                    PBA'S AND LAW ENFORCEMENT AGENCIES.

                                 FOR THE SAKE OF CLARIFYING IN THE RECORD, THE LEGISLATIVE

                    INTENT IS NOT TO INCLUDE POSSESSION OF SUCH KNIFE WHOSE INTENT IS TO BE

                    USED SOLELY BY A CONTRACTOR OR AN ELECTRICIAN OR OTHER TRADE AS A

                    WORKERS' TOOL.

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR A COUPLE QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. COLTON, WILL YOU

                    YIELD?

                                 MR. COLTON:  YES, CERTAINLY.

                                 MR. RAIA:  THANK YOU, MR. COLTON.  "COMMERCIALLY

                    MANUFACTURED TO BE USED AS A WEAPON."  IS THERE A KNIFE THAT EXISTS THAT

                                         16



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ISN'T CAPABLE OF BEING A WEAPON?

                                 MR. COLTON:  WELL, THIS HAS TO BE SPECIFICALLY

                    COMMERCIALLY MANUFACTURED FOR THE -- AS A USE AS A WEAPON.  WE'RE

                    REFERRING TO KNIVES THAT ARE ADVERTISED ON THE INTERNET AS BEING

                    NON-METALLIC, CAPABLE OF PIERCING A DRUM OR A CAR DOOR.  BASICALLY,

                    MAKING IT VERY CLEAR THAT THESE ARE WEAPONS.  THEY ARE IN VARIOUS

                    SHAPES AND FORMS.  FOR EXAMPLE, ONE IS IN THE SHAPE OF A CONE WHICH

                    YOU CAN PULL THE TOP OFF AND YOU HAVE A WEAPON.  THESE CAN EASILY PASS

                    THROUGH METAL DETECTORS; THEY ARE NOT DETECTABLE AND THEY ARE, IN FACT,

                    WEAPONS.

                                 IN MY DISTRICT A FEW YEARS AGO, WE HAD A

                    DEMONSTRATION THAT WAS ORGANIZED TOGETHER WITH THE OFFICE OF SCHOOL

                    SAFETY OF NEW YORK CITY AND WE HAD A NUMBER OF THESE WEAPONS

                    WHICH WERE PURCHASED ON THE INTERNET FOR $9, $10, $15 AND YOU HAD

                    THEM ON SOMEBODY AND THAT PERSON WAS -- WALKED THROUGH THE METAL

                    DETECTOR AND, IN FACT, IT DID NOT SET OFF THE METAL DETECTOR.  ALSO, ONE OF

                    THESE WEAPONS WAS USED GOING THROUGH METAL DETECTORS IN A COURT IN

                    CALIFORNIA AND THE COURT OFFICER WAS STABBED WITH THE WEAPON.  AND

                    THAT'S WHY CALIFORNIA PASSED A VERY SIMILAR LAW TO THIS WHICH

                    PROHIBITED THESE UNDETECTABLE KNIVES USED AND MANUFACTURED

                    COMMERCIALLY SPECIFICALLY AS WEAPONS, AND ADVERTISED AS SUCH.  SO,

                    THAT LAST ELEMENT IS REQUIRED.

                                 MR. RAIA:  I AGREE, JUST SO THERE'S, YOU KNOW, FULL

                    CLARITY HERE, I AGREE WITH YOU THIS IS, YOU KNOW, A GOOD PIECE OF

                    LEGISLATION.  I'M JUST TRYING TO FIGURE OUT HOW WE CAN MAKE IT BETTER.

                                         17



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND ONE OF MY CONCERNS IS, AND I KNOW WE'VE HAD THIS CONVERSATION IN

                    THE PAST, I'M A FISHERMAN AND WE USE CERAMIC KNIVES.  YOU CAN GO TO

                    BED BATH & BEYOND AND SPEND A WHOLE A LOT OF MONEY ON A SET OF

                    CUTLERY THAT DOESN'T HAVE ONE PIECE OF METAL IN IT, THEY'RE ALL CERAMIC.

                    IS THERE AN EXEMPTION FOR CERAMIC KNIVES?

                                 MR. COLTON:  THESE ARE NOT INTENDED TO COVER

                    CERAMIC KNIVES BECAUSE CERAMIC KNIVES ARE NOT COMMERCIALLY

                    MANUFACTURED AS WEAPONS.  THEIR PURPOSE IS TO, YOU KNOW, CUT FOOD

                    AND FISHING LINES AND SO FORTH.

                                 MR. RAIA:  BUT IF I TURN AROUND AND USE IT AND STAB

                    SOMEBODY, GUESS WHAT?  IT'S NOW A WEAPON.

                                 MR. COLTON:  BUT IT WOULD NOT COME UNDER THIS

                    SECTION BECAUSE IT SPECIFICALLY BY DEFINITION HAS TO BE COMMERCIALLY

                    MANUFACTURED TO BE USED AS A WEAPON.  IT HAS TO BE INTENT OF THE

                    MANUFACTURER TO MAKE A WEAPON.  AND, FOR EXAMPLE, IN THE INTERNET

                    ADS, YOU WILL FIND THAT THE ADVERTISEMENTS SAY SPECIFICALLY THESE ARE

                    USED FOR WEAPONS, COVERT WEAPONS, COVERT, YOU KNOW, RAZOR SHARP

                    NON-METALLIC.  IT'S -- IT'S OBVIOUS THAT THERE'S NO USE OTHER THAN A

                    WEAPON, THAT'S WHY IT WAS MANUFACTURED.

                                 MR. RAIA:  I UNDERSTAND WHAT YOU'RE SAYING, BUT THAT

                    APPARENTLY IS IN THE EYES OF THE BEHOLDER AND, YOU KNOW, A FISHERMAN

                    THAT GETS APPROACHED BY LAW ENFORCEMENT ON THE WATER MAYBE THEY,

                    YOU KNOW, THEY'RE NOT HAVING A GOOD DAY AND ALL OF A SUDDEN

                    SOMEBODY'S HANDCUFFED AND THE POLICE OFFICER THOUGHT IT COULD BE USED

                    AS A WEAPON AND NOW, YOU KNOW, YEAH, THE CHARGE WILL PROBABLY BE

                                         18



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    KICKED, BUT YOU JUST COST SOMEBODY A DAY ON THE WATER.  I'M VERY

                    CONCERNED ABOUT THE STAGEHANDS, THE FOLKS IN THE ENTERTAINMENT

                    INDUSTRY.  I KNOW YOU MENTIONED THERE'S AN EXEMPTION FOR THEM, BUT --

                    BUT OUR WELL-MEANING POLICE OFFICERS AND LAW ENFORCEMENT OFFICERS,

                    YOU KNOW, HAVE DISCRETION AND IF I'M CARRYING A, YOU KNOW, A -- A

                    NORMAL CERAMIC KNIFE AND IT'S USED IN A THREATENING MATTER, THEN THAT'S

                    CONSIDERED A WEAPON.  SO, I AM A LITTLE CONCERNED.  I, YOU KNOW, I

                    KNOW THIS HASN'T PASSED IN -- YOU KNOW, HASN'T BECOME LAW IN THE PAST.

                    IT PROBABLY WILL THIS YEAR AND I WOULD HOPE YOU'D CONSIDER SOME

                    CHAPTER AMENDMENTS TO REFINE IT EVEN FURTHER.  I'D LIKE TO SEE A PICTURE

                    OF WHAT YOU'RE TALKING ABOUT, QUITE HONESTLY.  YOU KNOW, I UNDERSTAND

                    THERE'S SOME CLAUSE, THINGS THAT YOU HOLD IN YOUR HAND, RIGHT, THAT

                    YOU'RE NOT GOING TO CUT A FISH WITH, THOSE ARE EASY, BUT THE ACTUAL

                    LANGUAGE YOU'RE USING CAN APPLY TO ANY KNIFE AND THAT CONCERNS ME.

                                 BUT IN ANY EVENT, I APPRECIATE YOU TAKING MY

                    QUESTIONS AND IT WOULD BE MY HOPE THAT WE'D SEE A CHAPTER

                    AMENDMENT THAT FURTHER REFINES WHAT -- AND EXPLAINS WHAT A KNIFE

                    THAT'S SOLE PURPOSE IS FOR A WEAPON.  THANK YOU.

                                 MR. COLTON:  YES, I WOULD CERTAINLY CONSIDER THAT,

                    AND WE WILL LOOK AT THAT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MANKTELOW.

                                 MR. MANKTELOW:  YES, WOULD THE SPONSOR YIELD

                    FOR A QUESTION, PLEASE?

                                 MR. COLTON:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  MR. COLTON YIELDS.

                                         19



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. MANKTELOW:  THANK YOU.  AND I APPRECIATE

                    THE INTENT OF THIS BILL.  JUST ONE QUICK QUESTION.  IF I'M A MANUFACTURER

                    IN NEW YORK STATE AND I MANUFACTURE KNIVES FOR OUR MILITARY, AM I

                    GOING TO BE ALLOWED TO CONTINUE TO DO SO?

                                 MR. COLTON:  YES, AS LONG AS YOU DON'T DO A PLASTIC

                    KNIFE SPECIFICALLY TO BE USED AS A WEAPON, AND THAT IS DETERMINED BY

                    THE WAY YOU ADVERTISE IT, THE WAY YOU SELL IT.  A CERAMIC KNIFE

                    PURCHASED IN BJ'S IS NOT MANUFACTURED FOR PURPOSE OF BEING A WEAPON.

                                 MR. MANKTELOW:  OKAY, SO -- SO BACK TO MY

                    QUESTION.  SO, IF OUR MILITARY IS LOOKING FOR A CERTAIN TYPE OF KNIFE

                    AND/OR WEAPON AND IT FALLS UNDER THESE PARAMETERS, AM I STILL GOING TO

                    BE ALLOWED TO DO THAT AS A MANUFACTURER?

                                 MR. COLTON:  YES.  THE SECTION OF THE LAW OF THE

                    PENAL CODE SPECIFICALLY EXEMPTS KNIVES TO BE USED FOR LAW

                    ENFORCEMENT OR FOR MILITARY.  THERE'S A SPECIFIC EXEMPTION IN THE ACTUAL

                    -- SECTION 265 OF THE PENAL CODE.

                                 MR. MANKTELOW:  OKAY, I SAW THAT AND I WAS JUST

                    QUESTIONING THE MANUFACTURING PART, BECAUSE I JUST WANT TO MAKE SURE

                    WE DON'T LOSE THAT.

                                 MR. COLTON:  YES.

                                 MR. MANKTELOW:  OKAY.  I APPRECIATE YOUR TIME.

                    THANK YOU.  THANK YOU, MR. SPEAKER.

                                 MR. COLTON:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT NOVEMBER

                                         20



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    1ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  CAN WE GO TO RULES REPORT NO. 161,

                    PAGE 6, MS. GLICK.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07169, RULES REPORT

                    NO. 161, GLICK, JAFFEE, SIMON, BLAKE, DE LA ROSA, ENGLEBRIGHT, ROZIC,

                    ORTIZ, CRUZ, WILLIAMS, EPSTEIN, REYES, GOTTFRIED, M.G. MILLER, JOYNER,

                    RAMOS, FALL, FERNANDEZ, CRESPO, WEPRIN, GRIFFIN.  AN ACT TO AMEND

                    THE EXECUTIVE LAW, IN RELATION TO EQUAL PAY DISCLOSURE WITH RESPECT TO

                    STATE CONTRACTS.

                                 ACTING SPEAKER AUBRY:  MS. GLICK, AN

                    EXPLANATION IS REQUESTED.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  THE BILL

                    WOULD REQUIRE THOSE BUSINESSES CONTRACTING WITH THE STATE TO PROVIDE

                    DATA ON THE PAY FOR THEIR EMPLOYEES BASED ON RACE, GENDER AND, LET ME

                    SEE, AND ETHNICITY AND TO PROVIDE THAT TO THE COMPTROLLER.  THE PURPOSE

                    IS TO INCENTIVIZE CONTRACTORS TO DEMONSTRATE HOW WONDERFUL THEY ARE IN

                                         21



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TERMS OF ELIMINATING THE WAGE GAP THAT HAS EXISTED PARTICULARLY

                    BETWEEN MEN AND WOMEN, BUT ALSO AMONG RACES.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. GLICK, WILL YOU

                    YIELD?

                                 MS. GLICK:  OF COURSE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU, MS. GLICK.  AS YOU

                    KNOW, THIS BILL CALLS FOR THE AVERAGE WAGE INFORMATION TO BE SEPARATED

                    BY THE CONTRACTOR OR BY JOB CATEGORY AND THAT, OF COURSE, IS AN ESSENTIAL

                    COMPONENT BECAUSE YOU WOULD EXPECT TO PAY DIFFERENT JOBS DEPENDING

                    ON WHAT THEY DO PERHAPS A DIFFERENT WAGE.  WAS IT -- WAS IT YOUR INTENT

                    THAT THEY WOULD USE A STANDARDIZED DESCRIPTION FOR THE JOBS?  IN OTHER

                    WORDS, FOR MANY YEARS WE USED TO HAVE THE DICTIONARY OF OCCUPATIONAL

                    TITLE THAT LISTED ABOUT 12,000 DIFFERENT JOB CATEGORIES THAT WAS USED BY

                    IMMIGRATION AND NATURALIZATION SERVICE SO THAT THERE WAS A UNIFORM

                    DESCRIPTION FOR JOB CATEGORIES.  SO, WOULD IT BE YOUR INTENT THAT A

                    COMPARABLE DICTIONARY OF OCCUPATIONAL TITLES WOULD BE USED TO

                    DESCRIBE THE JOB CATEGORIES?

                                 MS. GLICK:  THE COMPTROLLER -- THIS FORM WOULD BE

                    FILED WITH THE COMPTROLLER AND PRESENTED.  IF THEY'RE -- ONE PRESUMES

                    THAT THEY WOULD USE THAT STANDARD DELINEATION OF JOB CATEGORIES, UNLESS

                    THE COMPTROLLER FOR SOME REASON DOES NOT BELIEVE THAT'S APPROPRIATE.

                                         22



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  THIS LANGUAGE REQUIRES THAT THE

                    INFORMATION BE SUMMARIZED BY PAY AVERAGES CALCULATED BY GENDER,

                    RACE AND ETHNICITY AND EXPRESSED IN ABSOLUTE PERCENTAGES.  SO, WE'RE

                    JUST LOOKING AT GROSS AVERAGES BY JOB, BY RACE, BY GENDER AND ETHNICITY?

                                 MS. GLICK:  IT WOULD BE NON-WORKER SPECIFIC SO THAT

                    THERE WOULD BE AN ABILITY TO, IN THE AGGREGATE, DETERMINE WHETHER THERE

                    ARE DISPARITIES BETWEEN THE PAY THAT CONTRACTORS ARE PAYING TO THEIR

                    EMPLOYEES.

                                 MR. GOODELL:  I NOTE THAT WHEN WE LOOK AT EQUAL

                    PAY, EQUAL WORK ISSUES, THERE'S A NUMBER OF OTHER FACTORS OTHER THAN

                    JUST THE PAY AND THE JOB CLASSIFICATION, SUCH AS SENIORITY, EDUCATION,

                    EXPERIENCE.  DOES YOUR BILL -- OR THIS BILL MENTION A BREAKOUT THAT

                    REFLECTS ANY OF THOSE OTHER CRITERIA THAT ARE RECOGNIZED BY ALL OF US AS

                    BEING RELEVANT IN DESCRIBING PAY DIFFERENTIALS, EVEN WITHIN A

                    CLASSIFICATION?

                                 MS. GLICK:  NO, I DON'T BELIEVE THAT IT DOES.  IT

                    WOULD -- THE CATEGORIES ARE THE -- WHETHER SOMEBODY IS MANAGERIAL OR

                    IN A DIFFERENT CATEGORY.  SO, TO SOME EXTENT, IT MIGHT REFLECT THE FACT

                    THAT THERE ARE INSUFFICIENT NUMBERS OF PEOPLE IN A PARTICULAR CATEGORY OR

                    THAT FREQUENTLY WOMEN OR PEOPLE OF COLOR DON'T RISE TO MANAGERIAL

                    LEVELS AT THE SAME RATE OR TO THE SAME EXTENT AS MALE COUNTERPARTS.

                                 MR. GOODELL:  DOES THIS PAY REPORTING

                    REQUIREMENT APPLY COMPANY-WIDE OR IS IT JUST THE EMPLOYEES THAT ARE

                    EMPLOYED IN NEW YORK, OR JUST THE EMPLOYEES THAT WOULD BE INVOLVED

                    IN THE STATE CONTRACT?

                                         23



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. GLICK:  IT IS NOT DETAILED IN THE BILL.  THOSE

                    WOULD BE LEFT TO REGULATIONS THAT WOULD BE PROMULGATED BY THE

                    COMPTROLLER.

                                 MR. GOODELL:  THAT'S A PRETTY IMPORTANT ISSUE,

                    BECAUSE IF YOU HAVE A LARGE NATIONAL CORPORATION, FOR EXAMPLE, AND WE

                    REQUIRE THEM TO DISCLOSE ALL THEIR WAGE CATEGORIES FOR ALL THEIR

                    EMPLOYMENT CHARACTERIZATIONS FOR ALL THEIR NATIONAL OPERATIONS IN ORDER

                    TO BE QUALIFIED TO BID IN NEW YORK, BUT WE'RE NOT GOING TO HAVE SOME

                    OF THOSE NATIONAL CORPORATIONS BIDDING BECAUSE IT JUST ISN'T

                    COST-EFFECTIVE FOR THEM TO COLLECT THAT DATA.  IF WE COME BACK TO THIS AT

                    SOME POINT, WE MIGHT WANT TO MAKE IT SPECIFIC THAT IT'S AT LEAST, AT A

                    MAXIMUM, NEW YORK EMPLOYEES OR EMPLOYEES THAT PRIMARILY WORK IN

                    NEW YORK.

                                 MS. GLICK:  I HEAR THAT -- THAT SUGGESTION AND IT'S

                    WELL-RECEIVED.

                                 MR. GOODELL:  NOW, I THINK MY LAST QUESTION,

                    HOPEFULLY - NOT FOR THE DAY, BUT ON THIS BILL - WE HAVE EXECUTIVE ORDER

                    162 THAT ALREADY REQUIRES SOME PAY REPORTING.  HOW IS THIS BILL

                    DIFFERENT THAN EXECUTIVE ORDER 162?

                                 MS. GLICK:  WELL, THE EXECUTIVE ORDER IS A LITTLE

                    MORE BROAD AND IS NOT -- LET ME -- THAT'S A VERY BROAD STATEMENT.  I HAVE

                    THE EXECUTIVE ORDER HERE AND IT SUGGESTS THAT THERE BE ADDITIONAL

                    INFORMATION COLLECTED RELATED TO COMPENSATION OF THE INDIVIDUALS, BUT IT

                    DOES NOT ACTUALLY REQUIRE THE -- THAT THERE BE A REPORT THAT'S AVAILABLE TO

                    THE PUBLIC AND, PRESUMABLY, THE COMPTROLLER WOULD PUT IT ON A WEBSITE

                                         24



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SO THAT INDIVIDUALS IN THE PUBLIC, TAXPAYERS WHO MAY WANT TO SEE HOW

                    THEIR TAX DOLLARS ARE BEING USED AND WHAT THE -- WHICH COMPANIES ARE

                    WORKING TO NARROW THEIR WAGE GAP, THAT'S THE DIFFERENCE.

                                 MR. GOODELL:  THANK YOU VERY MUCH.  I

                    APPRECIATE YOUR COMMENTS, MS. GLICK.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  I THINK ONE OF OUR TOP PRIORITIES IN

                    TERMS OF TRYING TO OPERATE THE STATE GOVERNMENT IS TO TRY TO OBTAIN THE

                    BEST PRICE AND IN ORDER TO DO THAT ON STATE CONTRACTS, WE WANT TO

                    MAXIMIZE THE COMPETITION.  AND SO, WHEN WE IMPOSE DETAILED

                    REPORTING REQUIREMENTS ON THOSE WHO WANT TO BID FOR STATE CONTRACTS, IT

                    HAS THE EFFECT OF DOING TWO THINGS:  FIRST, IT RAISES THE COST TO THE STATE

                    TAXPAYERS BECAUSE EVERY CORPORATION THAT THEN BIDS HAS TO INCLUDE IN ITS

                    BID THE COST OF THE DATA COLLECTION AND REPORTING; THEY DON'T DO IT FOR

                    FREE.  SO, THAT MEANS THE BID GOES UP.  AND FOR SOME COMPANIES, THE

                    TIME AND MONEY IT TAKES TO PUT THAT INFORMATION TOGETHER WILL MEAN

                    THEY DON'T BID AT ALL BECAUSE THERE'S NO ASSURANCE THEY MIGHT EVEN BE

                    THE WINNER.  SO, THEY'RE JUST NOT GOING TO PUT THE TIME AND EFFORT INTO

                    PREPARING THAT DATA.

                                 THE SECOND ISSUE THAT IS OF GREAT CONCERN TO

                    BUSINESSES IS BUSINESSES DON'T WANT TO REPORT THEIR AVERAGE WAGE THAT

                    THEY PAY FOR EVERY JOB CATEGORY BECAUSE THAT'S OFTEN VERY CONFIDENTIAL,

                    IT'S VERY PROPRIETARY.  AND THE LAST THING THEY WANT IS A PUBLIC

                    DOCUMENT SHOWING TO ALL OF THEIR COMPETITORS WHAT THE AVERAGE WAGE IS

                                         25



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FOR EVERY ONE OF THEIR JOB CATEGORIES.  AND IF YOU'RE IN THE PRIVATE

                    SECTOR, THERE ARE SOME PEOPLE YOU'RE PAYING A PREMIUM BECAUSE THEY

                    HAVE REALLY HIGH SKILLS AND THEY MAY HAVE A LOT OF EXPERIENCE AND A LOT

                    OF SENIORITY, FACTORS THAT ARE NOT REFLECTED IN THIS LEGISLATION.  AND ON

                    THE REVERSE SIDE, YOU MAY BE A START-UP AND NONE OF YOUR EMPLOYEES IN

                    THAT PARTICULAR AREA HAVE ANY EXPERIENCE AND SO THAT WOULD GIVE A

                    MISLEADING PERCEPTION THAT YOU DON'T PAY GOOD WAGES.

                                 FOR THESE REASONS AND OTHERS, THE BUSINESS COUNCIL IS

                    VERY OPPOSED, AS IS THE ASSOCIATION OF GENERAL CONTRACTORS.  AND ALL OF

                    THOSE WHO ARE IN OPPOSITION STRONGLY CONFIRM THAT THEY ARE IN

                    COMPLIANCE AND AGREE AND WHOLEHEARTEDLY ENDORSE EQUAL PAY TO EQUAL

                    WORK, AND THEY ALSO NOTE THAT MANY OF THESE REPORTING REQUIREMENTS TO

                    THE EXTENT THEY'RE RELEVANT ARE ALREADY COVERED UNDER AN EXECUTIVE

                    ORDER.  SO, I DON'T THINK THE BILL IS NECESSARY.  I THINK IT HAS SOME REALLY

                    DETRIMENTAL IMPACTS ON THOSE WHO ARE SEEKING TO COMPETE WITH US FOR

                    STATE CONTRACTS.  AND SO, THEREFORE, I WILL NOT BE SUPPORTING IT.  AGAIN, I

                    APPRECIATE THE THOUGHTFUL COMMENTS FROM MY COLLEAGUE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK.

                                 MS. GLICK:  LET ME JUST SAY THAT WE HAVE HAD MANY

                    YEARS OF WAGE DISPARITY BASED ON GENDER, BASED ON RACE OR ETHNICITY

                    AND, SOMETIMES, THAT SECRECY PERPETUATES THE DISCRIMINATION.  AND SO,

                    IT IS IMPORTANT, WHEN IT IS THE STATE, COMPANIES WISH TO DO BUSINESS

                    WITH THE STATE, THAT THE STATE REQUESTS AND REQUIRES THAT THEY DISCLOSE

                    THAT INFORMATION.  I DO NOT BELIEVE THAT THIS WILL BE A DISINCENTIVE TO --

                    AND, IN SOME INSTANCES, PARTICULARLY NOWADAYS I THINK PEOPLE WILL WANT

                                         26



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TO DEMONSTRATE THAT THEY ARE TREATING THEIR EMPLOYEES FAIRLY AND DO NOT

                    HAVE A GREAT DISPARITY BASED ON GENDER OR RACE.  SO I WOULD URGE A YES

                    VOTE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE NOW GO TO RULES

                    REPORT NO. 570, PAGE 27.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08339, RULES REPORT

                    NO. 570, OTIS.  AN ACT TO AMEND CHAPTER 498 OF THE LAWS OF 2017

                    AUTHORIZING THE NEW YORK STATE THRUWAY AUTHORITY TO CONVEY REAL

                    PROPERTY TO RYE COUNTY DAY SCHOOL, IN RELATION TO REQUIRING THE RYE

                    COUNTY DAY SCHOOL TO MAKE THE ATHLETIC FIELD AND TRACK AVAILABLE FOR

                    RENTAL TO PUBLIC RECREATION GROUPS FOR A CERTAIN AMOUNT OF TIME PER

                    YEAR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                                         27



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. GOODELL.

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

                    ALLOWING ME TO INTERRUPT THE PROCEEDINGS.  BEHIND ME, AS YOU CAN SEE,

                    WE HAVE 60 YOUNG AND ENTHUSIASTIC 4TH GRADERS FROM GREENFIELD

                    ELEMENTARY SCHOOL IN SARATOGA COUNTY, WHICH IS IN ASSEMBLYWOMAN

                    MARY BETH WALSH'S DISTRICT.  AND THEY'RE HERE ON THEIR ANNUAL END OF

                    THE YEAR TRIP TO THE CAPITOL AND THE MUSEUM.  AND THEY ARE SO THANKFUL

                    THAT WE'RE HERE WORKING AN EXTRA DAY JUST FOR THEM SO THAT THEY CAN SEE

                    US IN ACTION.  IF YOU WOULD WELCOME THEM, AND THEY'RE ACCOMPANIED BY

                    THEIR 4TH GRADE TEACHER, DAVE SHIPPEE, AND SEVERAL CHAPERONES WHO ARE

                    ANXIOUS FOR US TO CONTINUE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. WALSH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS 4TH

                    GRADE CLASS AND YOUR TEACHERS, AND PARENTS I PRESUME ARE WITH YOU,

                    HERE TO THE NEW YORK STATE ASSEMBLY.  WE EXTEND TO YOU THE

                    PRIVILEGES OF THE FLOOR, HOPE THAT YOU HAVE HAD A GOOD TRIP HERE IN

                    ALBANY.  YOU HAVE JOINED ON OUR LAST DAY, LIKE YOU WILL SOON HAVE THE

                    LAST DAY OF SCHOOL.  WE'RE ALSO ANXIOUS TO GO HOME.  AND HOPE YOU

                    HAVE A GREAT SUMMER AND ALWAYS KNOW THAT YOU'RE WELCOME HERE.  THIS

                    IS THE PEOPLE'S HOUSE.  AND PLEASE COME BACK AND VISIT US, AND GOOD

                                         28



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    LUCK WITH A GREAT SUMMER AND A GREAT FALL SCHOOL YEAR.  IT HAPPENS.

                    THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN YOU PLEASE

                    RECOGNIZE MR. CROUCH FOR A BRIEF ANNOUNCEMENT?

                                 ACTING SPEAKER AUBRY:  MR. CROUCH FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MR. CROUCH:  THANK YOU, MR. SPEAKER.  THERE WILL

                    BE A REPUBLICAN CONFERENCE IN THE PARLOR IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  REPUBLICAN

                    CONFERENCE IN THE PARLOR.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, THERE IS NO MAJORITY

                    CONFERENCE AT THIS TIME.  THE HOUSE WILL STAND IN RECESS UNTIL THE

                    MINORITY FINISHES THEIR CONFERENCE.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    IN RECESS.

                                 (WHEREUPON, AT 11:24 A.M., THE ASSEMBLY STOOD IN

                    RECESS.)

                                 *     *     *     *     *



                    A F T E R     T H E     R E C E S S                                    12:26 P.M.



                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                                         29



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TO ORDER.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, I'D LIKE TO CALL -- CALL UP

                    CALENDAR 250, PAGE 50, MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05619, CALENDAR NO.

                    250, WEINSTEIN, PERRY, HYNDMAN, COLTON, ABINANTI, TAYLOR, WRIGHT,

                    WALKER.  AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS

                    LAW, IN RELATION TO THE FAILURE TO RAISE THE DEFENSE OF LACK OF STANDING

                    IN A MORTGAGE FORECLOSURE ACTION.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  WHAT THIS BILL DOES IS ALLOWS A

                    PERSON WHO IS IN FORECLOSURE TO SAVE ONE OF HIS DEFENSES UNTIL RIGHT TO

                    THE END, IF NOT EVEN PAST THE END OF A FORECLOSURE SALE AND SET ASIDE THE

                    PROCEEDING.  AND THAT'S THE DEFENSE THAT THE PLAINTIFF WHO IS BRINGING

                    THE LAWSUIT HAS TO PROVE THAT THEY OWNED THE NOTE OR MORTGAGE, WHICH,

                    BY THE WAY, THE PLAINTIFF HAS TO PROVE WHETHER OR NOT THE DEFENDANT

                    EVEN APPEARS.

                                 SO THE WAY THE CURRENT LAW WORKS IS WHEN A PERSON

                                         30



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    GOES INTO DEFAULT ON THEIR MORTGAGE, THEY RECEIVE A NOTICE, A 90-DAY

                    NOTICE THAT SAYS YOU'RE IN DEFAULT, YOU NEED TO BRING THIS UP TO DATE.  IF

                    YOU DON'T IT BRING UP TO DATE, A MORTGAGE FORECLOSURE MIGHT OCCUR.

                    AFTER THAT 90 DAYS WHEN THEY SERVE THE SUMMONS AND COMPLAINT,

                    WHICH IS A SUMMONS, IT'S A VERY CLEAR STATEMENT THAT YOU HAVE TO

                    ANSWER.  IF YOU DON'T ANSWER WITHIN A CERTAIN TIME PERIOD, TYPICALLY 20

                    OR 30 DAYS, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOU.  THE

                    COMPLAINT LISTS ALL THE FACTS THAT SUPPORT THE ACTION.

                                 IN ADDITION TO THE SUMMONS THAT IS NORMALLY SERVED,

                    THERE'S A SPECIAL NOTICE JUST THE MORTGAGE FORECLOSURE ACTIONS IN BOLD

                    PRINT THAT SAYS, YOU NEED TO PAY ATTENTION TO THIS, YOU NEED TO ANSWER

                    IT.  IF YOU DON'T ANSWER, YOU'RE AT RISK OF LOSING BY DEFAULT.  AND IF YOU

                    DO APPEAR AND ANSWER, THEN THERE'S MANDATORY SETTLEMENT CONFERENCES

                    WHERE THE COURT SUPERVISES DISCUSSIONS BETWEEN THE BANK AND THE

                    PERSON WHO IS IN DEFAULT TRIES TO REACH A SETTLEMENT.  AND IF THAT'S NOT

                    SUCCESSFUL, THEN TYPICALLY WHAT HAPPENS IS THE LENDING INSTITUTION

                    MAKES A MOTION FOR THE APPOINTMENT OF A RECEIVER.  THE RECEIVER

                    REVIEWS ALL THE FACTS, MAKES SURE EVERYTHING IS IN ORDER, CALCULATES THE

                    AMOUNT DUE, REPORTS TO THE COURT AND THEY SCHEDULE A MORTGAGE

                    FORECLOSURE.  AND THE MORTGAGE FORECLOSURE IS TYPICALLY ON FOUR TO SIX

                    WEEKS NOTICE, PUBLIC NOTICE AS WELL AS NOTICE TO THE DEFENDANT.  AND

                    AFTER THEY HAVE A FORECLOSURE SALE, THE REFEREE WHO IS IN CHARGE OF ALL OF

                    THIS THEN MAKES A FURTHER REPORT TO THE COURT, ASSIGNS A REFEREE DEED AND

                    THE PROPERTY TRANSFERS.

                                 UNDER CURRENT LAW, YOU CAN RAISE A QUESTION

                                         31



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CHALLENGING THE STANDING OF THE -- OF THE FINANCIAL INSTITUTION IN YOUR

                    ANSWER.  YOU HAVE AN ABSOLUTE RIGHT TO FILE A LATE ANSWER AS LONG AS IT'S

                    NOT TOO LATE.  YOU HAVE THE RIGHT TO FILE A LATE ANSWER EVEN AFTER IT'S

                    QUITE LATE, WITH THE PERMISSION OF THE COURT.  YOU CAN BRING UP A

                    STANDING ISSUE DURING THE PRE-SETTLEMENT CONFERENCE.  THIS BILL SAYS

                    THAT IF YOU DEFAULT, YOU CAN EVEN WAIT UNTIL AFTER THE FORECLOSURE SALE,

                    AFTER SOMEONE ELSE HAS APPEARED, AFTER SOMEBODY ELSE HAS SUBMITTED A

                    HIGH BID.

                                 WE ALREADY HAVE MULTIPLE SAFETY PROCEDURES IN PLACE,

                    MULTIPLE NOTICES, PRE-TRIAL CONFERENCES, SETTLEMENT CONFERENCES.  WHAT

                    THIS DOES IS SLOWS THE ENTIRE PROCESS ONCE MORE BY SAYING YOU CAN SAVE

                    THIS DEFENSE UNTIL THE DAY BEFORE THE FORECLOSURE, EVEN THOUGH YOU

                    APPEARED ON EVERYTHING UP TO THAT POINT AND NEVER OPENED YOUR MOUTH

                    ABOUT IT, YOU CAN WAIT UNTIL THE DAY BEFORE THE FORECLOSURE, KICK THE

                    WHOLE PROCESS OFF ANOTHER FOUR TO SIX WEEKS, IF NOT MORE, AND IF YOU

                    DIDN'T APPEAR, YOU CAN JUST SIT BACK, WAIT FOR THE PUBLIC NOTICE, WAIT

                    UNTIL AFTER THE FORECLOSURE AND RAISE IT FOR THE FIRST TIME.  SO, THIS IS AN

                    AUTOMATIC ONE- TO TWO-MONTH EXTENSION FOR A PERSON WHO IS IN A HOUSE

                    THAT'S BECOMING A ZOMBIE PROPERTY WITHOUT MAKING ANY PAYMENTS.

                                 THE CURRENT PROCESS WORKS.  THERE IS MORE PROTECTIONS

                    IN THE CURRENT PROCESS THAN ANY OTHER LEGAL PROCEEDING AND THIS IS

                    OVERKILL THAT WILL SLOW THE PROCESS FURTHER, DISRUPT THE PROCEEDINGS AND

                    ADD UNCERTAINTY EVEN AFTER THE FORECLOSURE SALE OVER WHETHER OR NOT THE

                    DEED IS VALID.  FOR THOSE REASONS, I WOULD RECOMMEND A VOTE AGAINST IT.

                    THANK YOU, SIR.

                                         32



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WEINSTEIN TO EXPLAIN HER VOTE.

                                 MS. WEINSTEIN:  YES, THANK YOU.  I WOULD URGE MY

                    COLLEAGUES TO, AGAIN, SUPPORT THIS BILL AS -- AS WE DID PASS IT LAST YEAR.

                    THE DEFENSE OF STANDING, WHICH MEANS THAT THE PLAINTIFF ACTUALLY HAS

                    THE MORTGAGE NOTE AND IS IN PHYSICAL POSSESSION OF IT AND IS THE PROPER

                    PARTY TO BRING THIS ACTION, MUST BE RAISED IN THE VERY EARLY PART OF THE

                    PROCEEDING AS A FORECLOSURE PROCEEDING.  AS WE KNOW, MANY

                    DEFENDANTS DO NOT HAVE ATTORNEYS WHEN THEY FIRST ARE SERVED WITH

                    FORECLOSURE NOTICES.  SOME DON'T EVEN HAVE -- GET THE NOTICE AND BY

                    APPEARING IN COURT, THEY, WITHIN SOMETIMES 20 DAYS OR 30 DAYS, WILL

                    WAIVE THEIR ABILITY TO RAISE THIS DEFENSE OF -- OF STANDING.  SO, THAT -- IT

                    IS VERY IMPORTANT THAT WE LET PARTICULARLY UNREPRESENTED INDIVIDUALS,

                    WHICH ARE A LARGE NUMBER OF THE PEOPLE FACING FORECLOSURE, HAVE THE

                    ABILITY TO RAISE THIS DEFENSE AND NOT TO LOSE THEIR HOME BECAUSE OF A

                    QUIRK IN THE LAW THAT REQUIRES THEM TO RAISE THIS EARLY.

                                 WE'VE MADE AMENDMENTS TO THIS BILL THAT HAVE

                    SATISFIED, THOUGH I DON'T BELIEVE THEY'VE WITHDRAWN THEIR OPPOSITION,

                    BUT HAVE SATISFIED THE LAND TITLE PEOPLE WHERE THEY WANTED SOME

                    EXACTITUDE, AND I WOULD URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI TO

                                         33



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EXPLAIN HIS VOTE.

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

                    THIS IS A VERY GOOD PIECE OF LEGISLATION; I COMPLIMENT THE SPONSOR ON

                    THIS.  I'D LIKE TO JUST SUPPLEMENT WHAT THE SPONSOR SAID.  WHAT WE'RE

                    TALKING ABOUT HERE IN LAYMAN'S TERMS, THIS IS AN ADDITIONAL EFFORT TO

                    MAKE SURE THAT THE PLAINTIFF IN THE LAWSUIT IS, IN FACT, THE REPRESENTATIVE

                    OF THE PERSON OR THE BANK THAT DOES, IN FACT, OWN THE MORTGAGE.

                    BECAUSE OF ELECTRONIC SYSTEMS THESE DAYS, THE BANKS PASS THESE THINGS

                    AROUND.  THEY DON'T ALWAYS PASS AROUND ALL OF THE PAPERWORK THAT'S

                    SUPPOSED TO GO WITH THEM.  AND WE HAVE MANY UNREPRESENTED

                    INDIVIDUALS WHO GET -- WHO SUFFER FORECLOSURE FOR WHATEVER REASON.

                    AND YOU'LL FIND SOMETIMES THE COURTS WILL APPOINT LAWYERS TO REPRESENT

                    THOSE WHO DON'T APPEAR IN COURT, AND BY THE TIME THE LAWYER FINDS OUT

                    THAT THERE'S A DEFECT, THE ENTIRE PROCEEDING HAS GONE ON BECAUSE THE

                    BANKS OR THE PLAINTIFFS WHO ARE MOVING THE PROCEEDING IN THE FIRST

                    PLACE, DON'T RESPOND TO THE REQUEST.  SO, IT SOMETIMES TAKES A LONG TIME

                    TO FIND OUT WHETHER THE BANK THAT IS, IN FACT, IN COURT DOES, IN FACT, OWN

                    THE MORTGAGE AND DOES, IN FACT, HAVE THE RIGHT TO MAKE THE PROCEEDING

                    GO FORWARD.

                                 SO THIS IS JUST AN ADDITIONAL PROTECTION TO MAKE SURE

                    THAT THE -- IF THERE'S GOING TO BE A MORTGAGE FORECLOSURE, THAT THE -- THE

                    FORECLOSURE IS GRANTED TO THE BANK OR THE LENDER THAT HAS THE RIGHT TO DO

                    SO.  THIS WILL NOT TIE UP A PROCEEDING, THIS IS JUST MAKING SURE THE

                    SYSTEM WORKS IN TODAY'S ELECTRONIC WORLD.  SO, I -- I COMPLIMENT THE

                    SPONSOR FOR PUTTING THIS IN, I THINK IT'S AN IMPORTANT PIECE OF LEGISLATION.

                                         34



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE GO TO RULES

                    REPORT NO. 269, PAGE 9, MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05630, RULES REPORT

                    NO. 269, WEINSTEIN, LUPARDO, ZEBROWSKI, TAYLOR, BRONSON.  AN ACT TO

                    AMEND THE GENERAL OBLIGATIONS LAW, IN RELATION TO REFORMING THE

                    STATUTORY SHORT FORM AND OTHER POWERS OF ATTORNEY FOR PURPOSES OF

                    FINANCIAL AND ESTATE PLANNING; AND TO REPEAL CERTAIN PROVISIONS OF SUCH

                    LAW RELATING TO STATUTORY GIFT RIDERS.

                                 ACTING SPEAKER AUBRY:  MR. RA.

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RA:  THANK YOU.  I FIGURED RATHER THAN HAVING

                    YOU DO AN EXPLANATION TO THIS SOMEWHAT OF A TECHNICAL BILL, I WOULD

                    JUST, YOU KNOW, JUST LAY OUT A FEW QUESTIONS --

                                         35



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. WEINSTEIN:  SURE.

                                 MR. RA:  -- SO WE CAN JUST -- FOR THE BENEFIT OF OUR

                    COLLEAGUES, UNDERSTAND WHAT THIS BILL DOES.  ONE OF -- ONE OF THE

                    PIECES, JUST IN TERMS OF THE STATUTORY GIFT RIDER; THAT IS REPEALED FROM THE

                    BILL, CORRECT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. RA:  OKAY.  THE OTHER ISSUE AND THIS IS ONE THAT

                    HAS -- THERE HAVE BEEN CONCERNS THAT HAVE BEEN RAISED WITH REGARD TO IS

                    THE SIMPLIFICATION OF A POWER OF ATTORNEY.  NOW I KNOW THERE HAVE

                    BEEN CONCERNS RAISED BY MANY INDIVIDUALS THAT THIS PROCESS IS COMPLEX

                    AND OBVIOUSLY PEOPLE ARE TRYING TO EXECUTE POWERS OF ATTORNEY FOR

                    VARIOUS REASONS, BUT -- BUT OFTENTIMES, YOU KNOW, THE COMPLEXITIES OF IT

                    MAY -- MAY CAUSE SOME HARDSHIP TO -- TO FAMILIES AND, YOU KNOW, AND

                    LOVED ONES OF INDIVIDUALS IN NEED OF A POWER OF ATTORNEY.  SO, CAN YOU

                    JUST GO THROUGH WHAT -- WHAT IT LOOKS LIKE HERE IS THAT AN AGENT WOULD

                    BE ABLE TO SIGN FOR A PRINCIPAL EXECUTING THE POWER OF ATTORNEY?

                                 MS. WEINSTEIN:  YES.

                                 MR. RA:  SO UNDER THOSE CIRCUMSTANCES, THOUGH, IS

                    THERE ANY REQUIREMENT THAT THE PRINCIPAL, YOU KNOW, BE UNABLE TO SIGN

                    FOR THEMSELVES?

                                 MS. WEINSTEIN:  I -- I -- I DON'T THINK THAT THERE IS

                    AN ACTUAL REQUIREMENT IN THE STATUTE, BUT WHEN THE AGENT SIGNS FOR THE

                    PRINCIPAL, IT NEEDS TO BE ACKNOWLEDGED BY ANOTHER INDIVIDUAL.

                                 MR. RA:  IT WOULD NEED TO BE ACKNOWLEDGED BY -- BY

                    SOMEBODY ELSE.

                                         36



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. WEINSTEIN:  SOMEBODY ELSE BEYOND THE AGENT.

                    THERE'S AN ACKNOWLEDGMENT REQUIREMENT.

                                 MR. RA:  OKAY.  AND THE -- THE OTHER ISSUE IS THIS

                    IDEA OF -- IT TALKS ABOUT SUBSTANTIAL CONFORMITY.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. RA:  NOW, I KNOW THAT ONE OF THE THINGS THIS IS

                    AIMED AT ADDRESSING IS PEOPLE, YOU KNOW, EXECUTING A POWER OF

                    ATTORNEY AND THEN THEY END UP IN A SITUATION WHERE SOME ENTITY, A BANK,

                    WHOEVER ELSE SAYS, NO, THIS DON'T COMPLY WITH THE STATUTE, AND NOW

                    THEY -- THEY'RE UNABLE TO CONDUCT WHATEVER THE TRANSACTION THEY'RE

                    LOOKING TO CONDUCT.  BUT ONE OF THE CONCERNS THAT'S BEEN RAISED WITH

                    THIS IS IF WE RELAX THIS, WHAT IS GOING TO BE THE BURDEN ON, WHATEVER IT

                    IS, A FINANCIAL INSTITUTION OR WHOEVER ELSE HAS TO LOOK AT IT TO DETERMINE

                    WHETHER THERE IS SUBSTANTIAL CONFORMITY.  COULD THAT NOT BE OPEN TO

                    DIFFERENT INTERPRETATIONS BY DEPENDING ON THE ENTITY THAT'S LOOKING AT IT?

                                 MS. WEINSTEIN:  WELL, AS YOU SAY, MR. RA, THE

                    CURRENT STATUTE REQUIRES EXACT LANGUAGE -- THE EXACT LANGUAGE, AND

                    BECAUSE OF VERY MINOR LANGUAGE CHANGES THAT DON'T AFFECT THE -- THE

                    SUBSTANCE OF THE POWER OF ATTORNEY, THOSE POWER OF ATTORNEYS HAVE

                    BEEN REJECTED.  SOME FINANCIAL INSTITUTIONS OFTEN HAVE ASKED FOR THEIR

                    OWN FORM TO BE USED, BUT CLEARLY, IF THE PRINCIPAL IS NO LONGER

                    COMPETENT, THEN THAT'S WHY THE POWER OF ATTORNEY IS BEING USED.  YOU

                    CAN'T -- THAT PRINCIPAL CAN'T NOW SIGN A DIFFERENT FORM.

                                 SO, WHAT "SUBSTANTIAL CONFORMITY" MEANS IS THAT

                    MINOR TECHNICAL ERRORS WILL NOT INVALIDATE THE -- THE FORM.  THERE IS A

                                         37



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROCESS SET UP WHERE THE -- THE INSTITUTION THAT'S BEING PRESENTED WITH

                    THIS POWER OF ATTORNEY THAT WILL MEET THE -- THE NEW STATUTE THAT WE'RE

                    ADOPTING, CAN ASK FOR AN ATTORNEY'S LETTER TO VERIFY THAT THE -- THAT THE

                    PERSON IS THE -- THE AGENT IS -- THAT THE AGENT IS ACTING AS DIRECTED BY THE

                    PRINCIPAL.  THEY CAN -- THEY HAVE SEVEN -- SEVEN DAYS TO LOOK AT IT, LOOK

                    AT THE POWER OF ATTORNEY IF THEY HAVE CONCERN, GET THAT CLARIFICATION.

                    THERE ALSO IS, IF IN GOOD FAITH AND ON THE FACE OF IT IT LOOKS LIKE IT'S

                    ACCURATE, THEY CAN ACCEPT THE POWER OF ATTORNEY WITHOUT HAVING

                    NEGATIVE EFFECTS ON THEM.  I THINK IN THE PARA DYNAMIC, THE FINANCIAL

                    INSTITUTION HAS MORE OF AN ABILITY TO BE ABLE TO CHECK THE VERACITY OF THE

                    -- OF THE POWER OF ATTORNEY VERSUS THE PRINCIPAL, WHO NOW HAS A POWER

                    OF ATTORNEY THAT CAN'T BE -- BE USED.  SO -- SO WE DO PUT IN PROTECTIONS,

                    BOTH FOR THE PRINCIPAL SO THAT THERE ISN'T ABUSE, BUT ALSO FOR THE

                    INSTITUTIONS THAT IN GOOD FAITH ACCEPT THESE POWERS OF ATTORNEY.

                                 MR. RA:  OKAY.  NOW, YOU MENTIONED THE -- THESE

                    SEVEN DAYS.  ONCE THAT SEVEN DAYS HAS BEEN, YOU KNOW, HAS ELAPSED

                    AND, YOU KNOW, SUPPOSE THE INSTITUTION HAS NOT -- HAS NOT BEEN ABLE TO,

                    TO THEIR SATISFACTION, VERIFY THAT THE DOCUMENT, MAYBE THEY STILL HAVE A

                    CONCERN.  I MEAN, ARE THEY UNDER AN OBLIGATION TO ACCEPT IT, WHAT ARE

                    THE POTENTIAL PENALTIES IF THEY DON'T ACCEPT IT?

                                 MS. WEINSTEIN:  IF -- IF THEY DON'T ACCEPT IT, ONE OF

                    THE THINGS THAT WE DO INCLUDE IS THE ABILITY FOR THE AGENT TO START -- TO

                    BRING A LEGAL ACTION ON BEHALF OF THE PRINCIPAL TO HAVE THE INSTITUTION

                    ACCEPT THE -- THE POWER OF ATTORNEY, AND THERE WOULD THEN BE A

                    PROCEEDING THAT WOULD NEED TO TAKE PLACE.

                                         38



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. RA:  OKAY.  AND THEN A -- A COURT WOULD --

                    WOULD DETERMINE WHETHER THE ENTITY IS ACTING UNREASONABLY AND IT

                    COULD EVEN AWARD ATTORNEYS' FEES, AS WELL, CORRECT?

                                 MS. WEINSTEIN:  ATTORNEYS' FEES, AS WELL AS

                    DAMAGES.  SO, FOR EXAMPLE, A CREDIT CARD PAYMENT WASN'T PROCESSED OR

                    RENT PAYMENT WASN'T PROCESSED AND THERE ARE LATE FEES OR OTHER KINDS OF

                    DAMAGES THAT THE PRINCIPAL -- THE NOW INCAPACITATED PRINCIPAL INCURS

                    BECAUSE OF THE FAILURE TO ACCEPT THE POWER OF ATTORNEY THAT SUBSTANTIALLY

                    CONFORMS TO THIS STATUTE, YES.

                                 MR. RA:  BECAUSE ONE OF THE -- ONE OF THE, YOU

                    KNOW, ISSUES THAT, YOU KNOW, I'VE SEEN IN SOME MEMOS AND I THINK

                    CONCERNS SOME OF US IS THAT, YOU KNOW, CURRENTLY IF YOU'VE GOT, YOU

                    KNOW, SOMETHING IN THE CORRECT FORM, IT'S PRETTY CLEAR FOR -- THAT THE

                    INSTITUTION, YOU KNOW, UNLESS THERE'S SOMETHING REALLY THAT WAVES A RED

                    FLAG THAT SOMETHING LOOKS REALLY OFF, THAT THEY -- THEY CAN RELY ON THAT

                    BEING IN COMPLIANCE WITH THE STATUTE AND MOVE FORWARD.  YOU KNOW, A

                    FINANCIAL INSTITUTION OR SOME OTHER INSTITUTION THAT'S PROCESSING A LOT OF

                    TRANSACTIONS, YOU KNOW, MIGHT HAVE A LOT OF THESE THAT ARE -- THAT ARE,

                    YOU KNOW, PILING UP AND THEY HAVE TO VERIFY THEM.  AND I -- I'M

                    CONCERNED WHETHER THE SEVEN DAYS IS SUFFICIENT FOR THEM TO -- TO DO THAT

                    IN ALL INSTANCES.

                                 MS. WEINSTEIN:  WELL, I WOULD JUST MENTION THAT

                    THIS BILL WAS THE RESULT OF SEVERAL YEARS OF THE STATE BAR ASSOCIATION

                    MEETING WITH STAKEHOLDERS, MEETING WITH, REALLY, A BLUE RIBBON PANEL TO

                    DEVELOP THIS -- THIS NEW FORM TO ELIMINATE SOME OF THE PROBLEMS OF THE

                                         39



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FORM BEING -- THE POWER BEING REJECTED.  AND WE WOULD ANTICIPATE, IN

                    THE VAST MAJORITY OF CASES THAT -- THE OVERWHELMING MAJORITY OF CASES

                    THAT THE FORM WILL BE IN -- AS PRESCRIBED IN THE STATUTE AND IT WILL BE IN

                    VERY LIMITED CASES WHERE THERE WOULD BE A QUESTION ABOUT THE

                    ACCEPTANCE OF THE FORM.  I THINK THE BIG CHANGE HERE IS THAT WE WILL

                    ALLOW PRINCIPALS, WE WILL ALLOW PEOPLE WHO ARE ELDERLY, WHO ARE

                    DISABLED TO BE ABLE TO ACC -- HAVE THEIR AGENT ACCESS FINANCIAL -- THEIR

                    FINANCIAL ACCOUNTS WITHOUT BEING FORCED TO HAVE TO SIGN A -- A POWER OF

                    ATTORNEY THAT IS -- THAT INSTITUTION DEVELOPS WHEN THEY'RE NO LONGER

                    COMPETENT TO -- TO DO THAT.

                                 MR. RA:  OKAY.  THANK YOU VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  JUST TO REITERATE A COUPLE OF CONCERNS WITH

                    THIS, YOU KNOW, ONE -- ONE OF THE PIECES ALLOWS AN AGENT TO -- TO SIGN

                    ON BEHALF OF A PRINCIPAL WITH -- WITHOUT REALLY ANY -- WITHOUT REALLY ANY

                    NEED FOR THE PRINCIPAL TO BE IN ANY WAY INCAPACITATED OR, YOU KNOW,

                    UNABLE TO SIGN FOR THEMSELVES.  BUT THEN FURTHER, THERE'S SOMETHING THAT,

                    YES, THERE ARE TECHNICAL ISSUES TO -- TO POWERS OF ATTORNEY AND OTHER

                    INSTANCES WHERE, UNFORTUNATELY, YOU KNOW, TRANSACTIONS ARE REJECTED FOR

                    THAT REASON AND I THINK THAT'S SOMETHING WE SHOULD WORK ON, BUT

                    GETTING AWAY FROM KIND OF THE STANDARD COULD CAUSE AN ISSUE WHERE

                    FINANCIAL INSTITUTIONS, OTHER TYPES OF INSTITUTIONS THAT HAVE TO RECEIVE A

                    POWER OF AN ATTORNEY AND -- AND DETERMINE ITS VALIDITY HAVE TO REALLY

                    SPEND SOME TIME VERIFYING THAT IF, YOU KNOW, THAT DOCUMENT WAS

                                         40



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SIGNED BY THE PROPER PARTIES AND COMPLIES WITH THE LAW SO THAT THEY

                    CAN PROCESS THE TRANSACTION, WHICH REALLY COULD ALLOW, YOU KNOW, THIS

                    INDIVIDUAL TO DO ANY NUMBER OF THINGS ON BEHALF OF -- OF THE PRINCIPAL.

                    SO, FOR THOSE REASONS, I -- I HAVE CONCERNS WITH -- WITH THIS PIECE OF

                    LEGISLATION.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GARBARINO.

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

                    THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GARBARINO:  THANK YOU, MS. WEINSTEIN.

                    THIS IS GETTING RID OF THE STATUTORY GIFTS RIDER, CORRECT?

                                 MS. WEINSTEIN:  YES, THE SEPARATE STATUTORY GIFT

                    RIDER, AND IT DOES, AS RELATES TO GIFTS, ALLOWS THE -- THIS NEW STATUTORY

                    FORM TO ALLOW -- TO INCREASE GIFTS WITHOUT THIS EXTRA GIFT RIGHT OR

                    PROVISION WE HAVE NOW, ALLOWS THE DOLLAR AMOUNT TO GO FROM $500 TO

                    $5,000.

                                 MR. GARBARINO:  NOW, I KNOW A LOT OF SPOUSES,

                    HUSBANDS AND WIVES, HUSBAND/HUSBAND, MARRIED COUPLES USE THIS FOR

                    ESTATE PLANNING IN CASE THEY NEED TO DO, YOU KNOW, MEDICAID PLANNING,

                    THEY HAVE THE SPOUSAL (INAUDIBLE) AND ALL THAT, AND IF SOMEBODY NEEDS

                    TO GO ON MEDICAID, THEY USE THE POWER OF ATTORNEY TO TRANSFER THE ASSETS

                                         41



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FROM ONE PERSON'S NAME TO THEMSELVES.  IF THEY HAVE THIS DOCUMENT

                    AND RIGHT NOW YOU NEED THE STATUTORY GIFT RIDER, WHICH SPECIFICALLY

                    AUTHORIZES THE AGENT TO ALLOW TO MAKE TRANSFERS TO THEMSELVES WHICH, IF

                    YOU PUT IN THE MODIFICATIONS TO MAKE UNLIMITED GIFT TRANSFERS, HOW DO

                    THEY -- WITH THIS -- WITH US GETTING RID OF THE STATUTORY GIFT RIDER, HOW

                    ARE THEY STILL GOING TO BE ABLE TO DO THAT?  OR IS THERE GOING TO BE A GIFT

                    RIDER AFTER THIS, OR...

                                 MS. WEINSTEIN:  NOT A GIFT RIDER, BUT THERE'S A

                    SECTION FOR MODIFICATION SO THEY CAN -- THEY -- THEY CAN -- THEY CAN JUST

                    INCLUDE IN THE MODIFICATION SECTION THAT -- THAT INFORMATION --

                                 MR. GARBARINO:  SO WHAT --

                                 MS. WEINSTEIN:  -- THAT ALLOWS TO GO BEYOND WHAT

                    THE -- WHAT THE POWER OF ATTORNEY WOULD ALLOW IN TERMS OF JUST THAT

                    $5,000 LIMIT.

                                 MR. GARBARINO:  SO IN THE -- IN THE MODIFICATION

                    SECTION OF THE POWER OF ATTORNEY THEY GET TO SAY, MY AGENT CAN MAKE

                    UNLIMITED TRANSFERS OF ANY AMOUNT.  MY AGENT CAN MAKE GIFTS TO

                    THEMSELVES, MY AGENT -- SO ALL THE THINGS THAT ARE IN THE STATUTORY GIFT

                    RIDER NOW, IN THAT SEPARATE THREE PAGE DOCUMENT, ARE GOING TO HAVE TO

                    BE PUT INTO THE MODIFICATION SECTION OF THE POWER OF ATTORNEY?

                                 MS. WEINSTEIN:  YES, CORRECT.  AND THIS WAY IT

                    ALSO, YOU DON'T HAVE TO SIGN SEVERAL DIFFERENT DOCUMENTS.  RIGHT NOW,

                    AS YOU SAY, YOU HAVE TO SIGN THE POWER OF ATTORNEY, THEN THE GIFT

                    RIDER --

                                 MR. GARBARINO:  AND THE GIFT RIDER NEEDS TWO

                                         42



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WITNESSES, I UNDERSTAND.

                                 MS. WEINSTEIN:  RIGHT, SO THIS WILL ALL BE

                    CONSOLIDATED INTO THE POWER OF ATTORNEY.

                                 MR. GARBARINO:  BUT WE JUST HAVE TO MAKE SURE

                    THAT EVERYTHING THAT'S IN THAT GIFT RIDER -- IS THERE A REASON WE DIDN'T

                    MAKE THAT PART OF THE POWER OF ATTORNEY FORM WHERE IT'S AN EXTRA -- IT

                    WOULD JUST BE SOMETHING WHERE THEY INITIAL INSTEAD OF THEM HAVING TO

                    HAVE -- HAVE TO PUT THAT IN THE MODIFICATION SECTION?

                                 MS. WEINSTEIN:  YOU KNOW, THE INTENTION WAS --

                    WE HEARD, THE STATE -- WE HEARD -- THE STATE BAR HEARD FROM MANY

                    PEOPLE ABOUT THE CUMBERSOMENESS OF THE -- THE SEPARATE GIFT RIDER AND

                    THE IDEA IS TO GO BACK TO HAVING A SINGLE FORM AND JUST HAVE THAT -- THAT

                    LANGUAGE ABLE TO BE ADDED -- ADDED INTO IT AND STILL HAVE THE

                    PROTECTIONS OF A -- OF A GIFT RIDER.  SO, IT HAS TO BE AFFIRMATIVELY ADDED.

                                 MR. GARBARINO:  IT HAS TO BE AFFIRMATIVELY ADDED.

                    OKAY.  THANK YOU VERY MUCH FOR THAT.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GARBARINO.

                                 MR. GARBARINO:  I REMEMBER WHEN THESE CHANGES

                    CAME OUT, IT USED TO BE VERY EASY, IT WAS A ONE-PAGE DOCUMENT TO FILL --

                    FILL OUT FOR A POWER OF ATTORNEY AND THERE WERE SOME GOOD PROTECTIONS

                    ADDED, I BELIEVE, BUT IT WAS -- IT IS -- WAS VERY BURDENSOME TO DO THESE

                    DOCUMENTS.  PEOPLE HAD TO SIGN THREE TIMES, INITIAL FIVE TIMES, IT WAS

                    MAYBE SIX, YOU HAD TO MAKE SURE YOUR AGENT WAS THERE TO SIGN AND

                                         43



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ACCEPT THE POWER.  I KNOW WE'RE KEEPING THAT -- MY CONCERN IS, THOUGH,

                    ONE OF THE BIG THINGS WITH -- WITH ESTATE PLANNING FOR SPOUSES IS -- IS

                    THIS GIFT RIDER AND BEING ABLE TO PREPARE FOR MEDICAID IN CASE ANYBODY

                    NEEDS TO GO INTO A NURSING HOME, BUT -- BUT NOT LOSE ALL THEIR ASSETS, AND

                    THIS -- THIS -- THESE TRANSFER RULES ARE VERY IMPORTANT.  AND BY NOT

                    SPECIFICALLY MOVING IT FROM THE GIFT RIDER TO THE POWER OF ATTORNEY,

                    REQUIRING IT TO BE ADDED IN THE MODIFICATION CENTER, CONCERNS ME THAT

                    THE WORDING MIGHT NOT BE CORRECT IF AN ATTORNEY DOES IT, THAT IF

                    SOMEBODY DOES IT ON THEIR OWN, THE WORDING MIGHT NOT BE CORRECT,

                    SOMETHING MIGHT BE LEFT OUT, AND THIS DOCUMENT THAT THESE MARRIED - OR

                    EVEN NOT MARRIED, BECAUSE LOT OF TIMES, IT'S SINGLE -- PARENTS HAVE THEIR

                    KIDS DO IT - THAT THESE ELDERLY PEOPLE HAVE THESE DOCUMENTS THAT THEY

                    RELY ON AND SAY, OKAY, I'M GOING TO BE ABLE TO PROTECT MY ASSETS FROM

                    MEDICAID SO MY SPOUSE OR MY CHILDREN CAN GET THESE ASSETS.  BY NOT

                    HAVING THE SPECIFIC WORDING IN THE ACTUAL FORM AND RELYING ON SOMEONE

                    ELSE TO PUT IT IN AND MAKE SURE IT'S THERE, MAKE SURE EVERYTHING'S THERE,

                    I'M -- I'M CONCERNED THAT A LOT OF PEOPLE ARE GOING TO MAKE MISTAKES.

                    I'M CONCERNED THAT A LOT OF THINGS ARE GOING TO BE LEFT OUT OF THE

                    DOCUMENT AND THEN THESE DOCUMENTS THAT -- THAT THESE PEOPLE RELIED ON

                    WON'T BE EFFECTIVE AND THEIR ESTATE PLAN WILL JUST BE BLOWN UP.

                                 SO I HAVE -- I AGREE WITH MAKING THE FORM EASIER FOR

                    THE PERSON WHEN EXECUTING IT, BUT I THINK THIS IS SOMETHING WE SHOULD

                    LOOK AT AS A POSSIBLE CHAPTER AMENDMENT TO PUT THIS SPECIFICALLY IN THE

                    POWER OF ATTORNEY FORM INSTEAD OF RELYING ON SOMEONE TO ADD IT,

                    BECAUSE, YOU KNOW, I UNDERSTAND THAT IT'S GOT TO BE AFFIRMATIVE ACTION,

                                         44



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    JUST THAT YOU AFFIRMATIVELY HAVE TO INITIAL NOW, SO THAT COULD'VE BEEN AN

                    EASY FIX AND MAYBE WE CAN LOOK FOR A CHAPTER AMENDMENT IN THE

                    FUTURE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 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.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CONTINUING ON THE

                    DEBATE LIST, WE'D LIKE TO CALL UP RULES REPORT NO. 470, PAGE 15, BY

                    MCMAHON, RULES REPORT NO. 467, PAGE 15 BY ARROYO, AND RULES

                    REPORT NO. 434, PAGE 14, BY JACOBSON.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S05248-B, RULES REPORT

                    NO. 470, SENATOR BIAGGI (MCMAHON, COLTON -- A08093-A).  AN ACT TO

                    AMEND THE LABOR LAW, IN RELATION TO PROHIBITING WAGE DIFFERENTIALS

                    BASED ON PROTECTED CLASS STATUS.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                                         45



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. MCMAHON, WILL

                    YOU YIELD?

                                 MS. MCMAHON:  I WILL.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    MCMAHON.  IT'S MY UNDERSTANDING UNDER CURRENT LAW, IT'S ILLEGAL FOR ANY

                    WAGE DISCRIMINATION TO OCCUR IN ANY NEW YORK EMPLOYER BASED ON

                    SEX.  IT'S THE EQUAL PAY FOR EQUAL WORK.  THAT'S CURRENT LAW, BUT IT'S

                    LIMITED TO -- BETWEEN THE SEXES, CORRECT?

                                 MS. MCMAHON:  THAT IS CORRECT.

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

                    INTENDED TO EXPAND THAT ANTI-WAGE DISCRIMINATION TO INCLUDE ANY OTHER

                    PROTECTED CLASS.

                                 MS. MCMAHON:  YES, ALL THE PROTECTED CLASSES AS

                    SPECIFIED IN THE HUMAN RIGHTS LAW.

                                 MR. GOODELL:  AND IT -- IS IT YOUR INTENT, THEN, THAT

                    THE SAME STANDARDS THAT ARE CURRENTLY IN PLAY FOR DETERMINING WHETHER

                    THERE'S A VIOLATION, WHICH IS EQUAL PAY FOR EQUAL WORK, WOULD CONTINUE

                    TO BE THE SAME STANDARD, THAT WE'RE NOT CHANGING THE STANDARD UPON

                    WHICH THAT CALCULATION OR EVALUATION IS MADE?

                                 MS. MCMAHON:  WE ARE CHANGING THE LANGUAGE TO

                    EXPAND THE EXISTING PAY EQUITY PROVISIONS TO REQUIRE EQUAL PAY FOR

                    EQUAL WORK, OR SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A

                    COMPOSITIVE SKILL, EFFORT AND RESPONSIBILITY AND WHEN PERFORMED UNDER

                                         46



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SUBSTANTIALLY SIMILAR WORKING CONDITIONS.

                                 MR. GOODELL:  SO THE REFERENCE TO "SUBSTANTIALLY

                    SIMILAR WORK WHEN VIEWED AS A COMPOSITIVE SKILL, EFFORT AND

                    RESPONSIBILITY AND PERFORMED UNDER SIMILAR WORKING CONDITIONS," IS

                    THAT THE EXACT SAME STANDARD THAT'S USED CURRENTLY BY THE FEDERAL EEOC

                    IN EVALUATING PLANS UNDER EQUAL WORK FOR EQUAL PAY UNDER FEDERAL LAW?

                                 MS. MCMAHON:  THAT LANGUAGE IS FOUND IN THE

                    EEOC REGS, YES.

                                 MR. GOODELL:  AND SO THIS BILL IS NOT

                    IMPLEMENTING EQUAL PAY FOR DIFFERENT OR COMPARABLE WORK, WE'RE STILL

                    IN THE EQUAL PAY FOR EQUAL WORK STATUS?

                                 MS. MCMAHON:  THIS IS NOT A -- A COMPARABLE

                    WORTH STATUTE, IT IS SUBSTANTIALLY SIMILAR WORK.

                                 MR. GOODELL:  USING THE SAME STANDARDS AS THE

                    FEDERAL EEOC DOES FOR EQUAL PAY FOR EQUAL WORK, CORRECT?

                                 MS. MCMAHON:  THE SAME LANGUAGE, YES.

                                 MR. GOODELL:  THANK YOU VERY MUCH.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I APPRECIATE THE CLARIFICATION FROM

                    MY COLLEAGUE.  WITH WE FIRST REVIEWED THIS LANGUAGE, THERE WAS A

                    CONCERN WHETHER THAT LANGUAGE WAS INTENDED TO IMPLEMENT A

                    COMPARABLE WORK STANDARD, WHICH WE'VE HAD EXTENSIVE DEBATES THAT

                    HAVE GONE ON FOR MANY, MANY HOURS.  AND UPON FURTHER REVIEW, IT

                                         47



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BECAME APPARENT, AT LEAST TO ME AND AS THE SPONSOR THANKFULLY HAS

                    CONFIRMED, THAT WE'RE NOT CHANGING THE STANDARD UPON WHICH WE MAKE

                    THESE EVALUATIONS, BUT WE'RE MERELY PICKING UP THE LANGUAGE USED BY

                    THE FEDERAL EEOC IN EVALUATING THE FEDERAL STANDARDS FOR EQUAL PAY

                    AND EQUAL WORK, WHICH REFLECTS THE FACT THAT IT'S NOT JUST THE TITLE THAT'S

                    PLACED ON A JOB CATEGORY, IT'S ACTUALLY A SUBSTANTIVE EVALUATION TO

                    ENSURE THAT EQUAL PAY IS ACTUALLY BEING PAID FOR EQUAL WORK.  AND

                    BASED ON THAT CLARIFICATION - AND I APPRECIATE MY COLLEAGUE'S

                    COMMENTS, THANK YOU VERY MUCH - I WILL BE SUPPORTING THIS BILL AND

                    RECOMMEND THE SAME TO MY COLLEAGUES.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 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. A07936-A, RULES

                    REPORT NO. 467, ARROYO, BLAKE, REYES, M.G. MILLER, D'URSO,

                    GOTTFRIED, RIVERA, CRUZ, GLICK.  AN ACT TO AMEND THE STATE FINANCE

                    LAW, IN RELATION TO PROHIBITING STATE CONTRACTS WITH VENDORS THAT FORBID

                    EMPLOYEES FROM LITIGATING DISCRIMINATION OR HARASSMENT CLAIMS.

                                         48



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  THIS BILL BASICALLY SAYS THAT ANYONE

                    WHO WANTS TO CONTRACT WITH THE STATE OF NEW YORK CANNOT HAVE

                    BINDING ARBITRATION INVOLVING ANY OF THEIR EMPLOYEES RELATING TO ANY

                    CLAIMS INVOLVING DISCRIMINATION, SEXUAL ASSAULT OR HARASSMENT,

                    NEGLIGENT HIRING, SUPERVISION OR RETENTION, OR SIMILAR MATTERS.  AND IT'S

                    IRONIC THAT TWO BILLS AGO WE VOTED ON A BILL THAT -- OR UPCOMING, I

                    APOLOGIZE, WE HAVE A BILL THAT'S COMING UP AND WE HAVE PREVIOUSLY

                    VOTED ON MULTIPLE BILLS THAT HAD MANDATORY ARBITRATION, MANDATORY

                    ARBITRATION ON SALARY DISPUTES, MANDATORY ARBITRATION ON ANYTHING THAT

                    WE THINK IS IMPORTANT.  BUT ON THIS BILL, WE BAN MANDATORY ARBITRATION

                    ON EMPLOYEE DISPUTES INVOLVING ANY CONTRACTOR WITH THE STATE OF NEW

                    YORK.

                                 AND MOST PEOPLE RECOGNIZE THAT THERE ARE ADVANTAGES

                    AND DISADVANTAGES TO ARBITRATION, BUT ONE OF THE ADVANTAGES FOR BOTH AN

                    EMPLOYEE AND EMPLOYER IS IT'S NON-LITIGIOUS, IT DOESN'T INVOLVE THE

                    COURTS, IT'S USUALLY FASTER AND LESS EXPENSIVE AND INVOLVES AN

                    INDEPENDENT THIRD PARTY.  SO, FOR -- FOR THOSE EMPLOYEES WHO LOOK

                    FORWARD TO HAVING BINDING ARBITRATION BECAUSE THEY DON'T HAVE TO HIRE A

                    LAWYER OR FILE A SUMMONS OF COMPLAINT OR GO THROUGH THE COURT SYSTEM,

                    THE BINDING ARBITRATION PROVISIONS THAT ARE SOMETIMES CONTAINED IN

                    CONTRACTS ARE VERY BENEFICIAL, AND I WOULD HATE TO ELIMINATE THAT OPTION

                                         49



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FOR ANY EMPLOYEES.  THANK YOU, SIR.

                                 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.)

                                 MRS. ARROYO TO EXPLAIN HER VOTE.

                                 MS. ARROYO:  WELL, I APPRECIATE VERY MUCH MY

                    COLLEAGUES.

                                 ACTING SPEAKER AUBRY:  MRS. ARROYO, MRS.

                    ARROYO, BRING YOUR MIC UP.

                                 MRS. ARROYO:  OH, MY MIC.  HOW ABOUT THAT?

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. ARROYO:  THANK YOU.  I APPRECIATE VERY

                    MUCH THE CONCERN OF MY COLLEAGUES ON THE OTHER SIDE ABOUT THIS BILL,

                    BECAUSE WE ARE ELECTED BY THE PEOPLE OF THE STATE OF NEW YORK.  ALL OF

                    US, EACH ONE, IS HERE TO REPRESENT THE PEOPLE OF THE STATE OF NEW YORK.

                    AND WHAT THIS BILL DOES IS PROTECT THE PEOPLE OF THE STATE OF NEW YORK.

                    THANK YOU VERY MUCH FOR YOUR SUPPORT.  IT'S MY FIRST BILL OF THE YEAR

                    AND I'M HAPPY TO BE IN DISCUSSION WITH YOU.  THANK YOU AND GOD BLESS

                    ALL OF YOU.

                                 ACTING SPEAKER AUBRY:  MRS. ARROYO IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         50



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08228-B, RULES

                    REPORT NO. 434, JACOBSON, BURKE.  AN ACT TO AMEND THE ELECTION LAW,

                    IN RELATION TO CHANGE OF ENROLLMENT BY PREVIOUSLY REGISTERED VOTERS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. JACOBSON, A [SIC] EXPLANATION IS REQUESTED.

                                 MR. JACOBSON:  MR. SPEAKER, THIS IS A MAJOR

                    ELECTION LAW REFORM.  AS OF NOW, IN ORDER TO CHANGE YOUR REPORTING

                    ENROLLMENT, YOU CAN CHANGE IT UP TO THE 25TH DAY BEFORE AN ELECTION,

                    GENERAL ELECTION.  IT BECOMES EFFECTIVE AFTER THE GENERAL ELECTION.

                    THIS BILL MAKES TWO MAJOR CHANGES.  FIRST, ALL CHANGES OF ENROLLMENT

                    WILL BECOME EFFECTIVE IMMEDIATELY, EXCEPT FOR THOSE BETWEEN FEBRUARY

                    14TH AND SEVEN DAYS AFTER THE JUNE PRIMARY.  THIS IS A MAJOR

                    ADVANCEMENT.  THIS MEANS NOW THAT -- THIS IS A MAJOR CHANGE BECAUSE

                    PREVIOUSLY WHEN WE HAD THE SEPTEMBER PRIMARY, THE CHANGE IN

                    ENROLLMENT WAS 11 MONTHS PRIOR TO THE SEPTEMBER PRIMARY.  IF WE DON'T

                    PASS THIS BILL, THE CHANGE OF ENROLLMENT WILL BE EIGHT MONTHS BEFORE THE

                    JUNE PRIMARY, AND WITH THIS BILL IT'S A LITTLE OVER FOUR MONTHS BEFORE THE

                    JUNE PRIMARY.  THIS IS A MAJOR CHANGE, A MAJOR REFORM.

                                 ALSO, BY HAVING THE FEBRUARY 14TH DEADLINE, THIS WILL

                    NOW ENABLE MANY PEOPLE TO VOTE IN THE PRESIDENTIAL PRIMARY A LITTLE

                    OVER TWO MONTHS OF A CHANGE BEFORE THAT PRIMARY.  THIS LEGISLATION

                    PRESERVES -- IT EXPANDS THE ABILITY OF PEOPLE TO CHANGE THEIR ENROLLMENT

                                         51



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WHILE SAFEGUARDING THE ENROLLMENT -- THE PETITION PROCESS, IT AVOIDS

                    PARTY RATING AND, AT THE SAME TIME, ENCOURAGES PEOPLE TO PARTICIPATE.

                                 ACTING SPEAKER AUBRY:  MR. RA.

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

                    YIELD FOR A COUPLE QUESTIONS?

                                 MR. JACOBSON:  ABSOLUTELY.

                                 ACTING SPEAKER AUBRY:  MR. JACOBSON YIELDS.

                                 MR. RA:  THANK YOU VERY MUCH, AND THANK YOU FOR

                    THAT THOROUGH EXPLANATION.  AND I KNOW, AS MANY OF US KNOW, THAT --

                    THAT THE CURRENT -- THE CURRENT LAW, YOU KNOW, REQUIRES THAT IT TAKE -- BE

                    DONE BY A CERTAIN NUMBER OF DAYS PRIOR TO THE GENERAL ELECTION, 25TH

                    DAY, AND THAT IT DOESN'T TAKE EFFECT UNTIL THE NEXT YEAR.  SO, JUST, THE

                    FEBRUARY 14TH DATE, WHY IS THAT DATE CHOSEN?

                                 MR. JACOBSON:  THAT DATE IS CHOSEN BECAUSE

                    PETITIONS FOR THE JUNE PRIMARY WILL GO OUT AROUND THE 26TH OF FEBRUARY.

                    IT CHANGES WHAT DAY THE JUNE PRIMARY IS BECAUSE IT'S THE FOURTH

                    TUESDAY OF JUNE.  THIS YEAR, IT WENT OUT FEBRUARY 26TH.  THIS ENABLES

                    TIME FOR THE BOARD OF ELECTIONS TO GET THE FINAL LIST OF VOTERS THAT ARE

                    ELIGIBLE TO SIGN THE PETITION PROCESS.  AND IT ENABLES PEOPLE ENOUGH

                    TIME TO MAKE THEIR ENROLLMENT CHANGE THAT THEY DESIRE.

                                 MR. RA:  OKAY.  AND, YOU KNOW, AND AS YOU SAID,

                    BASICALLY WHAT THEY DO EACH YEAR IN CALCULATING OR DETERMINING OUR

                    POLITICAL CALENDAR IS THEY HAVE THOSE CERTAIN DATES IN STATUTE, WHEN

                    PETITIONS ARE DUE AND -- AND THEN YOU WORK BACKWARDS FROM THERE.  SO,

                    I'M JUST CURIOUS, WHY -- WHY A DATE CERTAIN RATHER THAN, YOU KNOW, A

                                         52



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DATE TRIGGERED BY -- BY A MILESTONE IN OUR POLITICAL CALENDAR?

                                 MR. JACOBSON:  I THINK BECAUSE IT GIVES CERTAINTY.

                    I THINK IT'S EASIER TO TELL VOTERS, THIS IS YOUR DEADLINE.  IF YOU START

                    SAYING IT'S SO MANY DAYS BEFORE THE HALF MOON OR, YOU KNOW, DIVIDED

                    BY THE NUMBER OF DAYS IN THE MONTH, I THINK IT'S TOO CONFUSING.  I THINK

                    IT'S BETTER TO HAVE A DATE THAT IS CERTAIN SO THAT PEOPLE CAN GO AROUND

                    AND SAY, LOOK, YOU WANT TO CHANGE, IT'S FEBRUARY 14TH.

                                 MR. RA:  THANK YOU, MR. JACOBSON.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  YOU KNOW, CERTAINLY WE'VE HAD A VERY BUSY

                    SESSION WHEN IT COMES TO THE ELECTION LAW.  I THINK WE STILL HAVE SOME

                    THINGS TO COME WHEN IT COMES TO -- COME TO THE ELECTION LAW.  SO

                    THERE HAS BEEN, YOU KNOW, A LOT OF CHANGES THAT OUR VOTERS ARE GOING TO

                    BE NOTICING AND SEEING AND IT'S GOING TO AFFECT THE WAY THEY PARTICIPATE

                    IN OUR -- IN OUR DEMOCRACY.  AND, YOU KNOW, WE HAVE THE NEW JUNE

                    PRIMARY DATE, WHICH, YOU KNOW, WE'RE -- WE'RE SEEING FOR THE FIRST TIME

                    AND WE WILL GO THROUGH A STATE CYCLE NEXT YEAR, ALONG WITH A FEDERAL

                    CYCLE.  AND -- AND I DO RECALL, YOU KNOW, IN 2016 PEOPLE SHOWING UP TO

                    THE POLLS AND -- AND BEING SOMEWHAT FRUSTRATED IF THEY DID NOT REALIZE

                    THEY WERE ENROLLED IN ONE POLITICAL PARTY OR THE OTHER.

                                 BUT I -- I THINK WE ALSO NEED TO KEEP IN MIND, YOU

                    KNOW, THERE ARE STATES IN THIS COUNTRY THAT APPROACH THIS MANY DIFFERENT

                    WAYS.  THERE ARE STATES THAT, YOU KNOW, HAVE OPEN PRIMARIES, THERE ARE

                    STATES THAT HAVE VERY CLOSED PRIMARIES.  THERE ARE STATES AND DIFFERENT

                                         53



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PARTIES WHERE MAYBE THEY DETERMINE THAT -- THAT THEY WANT TO LET PEOPLE

                    VOTE IN CERTAIN -- IN CERTAIN PRIMARIES.  BUT THERE IS ALSO, YOU KNOW,

                    WHEN WE THINK OF REGISTERING IN A POLITICAL PARTY, ITS PRIMARIES ARE AN

                    OPPORTUNITY TO SELECT THAT -- THAT PARTY'S CANDIDATE.  AND I -- I THINK OUR

                    CURRENT SYSTEM DEFINITELY IS -- IS RIGID, AND PROBABLY TOO RIGID, TO MAKE

                    SURE PEOPLE CAN MAKE THOSE CHANGES, BECAUSE, YOU KNOW, WE ALL

                    CHANGE OUR MINDS AND SO MANY DIFFERENT THINGS.  AND MAYBE YOU FEEL,

                    YOU KNOW, THE REPUBLICAN PARTY HAS GONE TOO RIGHT OR THE DEMOCRATIC

                    PARTY HAS GONE TOO LEFT AND YOU WANT TO CHANGE YOUR REGISTRATION.  BUT

                    WE ALSO, I THINK, NEED TO BE CAREFUL ABOUT THAT BEING DONE IN A MORE

                    TRANSACTIONAL MANNER THAN, OKAY, I WANT TO BE ABLE TO VOTE IN THIS

                    PRIMARY OR THE OTHER.

                                 SO, THAT IS ONE OF MY CONCERNS.  I THINK THIS IS GOING TO

                    BE A CONTINUING AREA THAT WE NEED TO LOOK AT AS WE DEAL WITH ALL THE

                    CHANGES IN REGISTRATION, DIFFERENT PRIMARY DATES AND ALL THE OTHER THINGS

                    TO COME AS WE GO THROUGH A FULL, YOU KNOW, POLITICAL CYCLE WITH THESE

                    CHANGES IN EFFECT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. DENDEKKER.

                                 MR. DENDEKKER:  WILL THE SPONSOR YIELD FOR A

                    QUICK QUESTION, TOO?

                                 ACTING SPEAKER AUBRY:  MR. JACOBSON, WILL

                    YOU YIELD?

                                 MR. JACOBSON:  ABSOLUTELY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                         54



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. DENDEKKER:  SO THE -- THE DATE IS FEBRUARY

                    14TH AND THAT WOULD BE BEFORE THEN AN IMMEDIATE ENROLLMENT CHANGE --

                                 MR. JACOBSON:  CORRECT.

                                 MR. DENDEKKER:  -- UP UNTIL YOU SAID A WEEK

                    AFTER THE PRIMARY?

                                 MR. JACOBSON:  THAT'S CORRECT.

                                 MR. DENDEKKER:  OKAY.  SO WHAT HAPPENS A

                    WEEK AFTER THE PRIMARY, SOMEBODY GOES BACK IN.  IS IT THEN IMMEDIATE

                    AGAIN?

                                 MR. JACOBSON:  YES.

                                 MR. DENDEKKER:  SO, IN THEORY, COULD SOMEONE

                    REGISTER IN ONE PARTY ON FEBRUARY 13TH AND THEN AFTER THE PRIMARY,

                    CHANGE THEIR REGISTRATION BACK TO A DIFFERENT PARTY AND THEN VOTE IN THE

                    GENERAL?

                                 MR. JACOBSON:  YES, THAT COULD HAPPEN, BUT IT...

                                 MR. DENDEKKER:  AND WHAT HAPPENS IN THE EVENT

                    OF A SPECIAL ELECTION?

                                 MR. JACOBSON:  EXCUSE ME?

                                 MR. DENDEKKER:  WHAT HAPPENS IN THE EVENT OF A

                    SPECIAL ELECTION?

                                 MR. JACOBSON:  WHAT HAPPENS IN A SPECIAL

                    ELECTION?  THE RULES DON'T CHANGE.

                                 MR. DENDEKKER:  SO IT WOULD STILL BE FROM THE

                    FEBRUARY 14TH DATE TO THE DAY OF THE PRIMARY, ONLY BECAUSE THE SPECIAL

                    ELECTION DOESN'T HAVE PARTY ENROLLMENT?  IS THAT A PARTY PRIMARY?

                                         55



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. JACOBSON:  NO, I DON'T -- I DON'T THINK -- IF

                    SOMEBODY -- IF THERE'S A SPECIAL ELECTION AND THE SPECIAL ELECTION

                    OCCURS BEFORE FEBRUARY 14TH, WHICH WOULD BE UNUSUAL, OBVIOUSLY

                    SOMEBODY COULD CHANGE THEIR ENROLLMENT.  BUT IF THE SPECIAL ELECTION

                    OCCURS BETWEEN FEBRUARY 14TH AND THE JUNE PRIMARY, THEN THEIR

                    ENROLLMENT CHANGE WOULD NOT TAKE EFFECT.  THIS WAY, YOU CAN'T HAVE

                    PEOPLE OBLITERATING THE WILSON-PAKULA AUTHORIZATION UNDER 6-120.

                    SEE, PART OF THE REASON HERE IS WE -- IF -- IF YOU DON'T -- IF YOU DON'T

                    CHANGE BY FEBRUARY 14TH FOR THE JUNE PRIMARY, YOU'RE NOT GETTING

                    RELIGION IF YOU WANT TO CHANGE THE MONTH BEFORE, YOU'RE DOING IT

                    BECAUSE YOU TO GAME THE SYSTEM, YOU WANT TO -- YOU WANT TO RAID A

                    PARTY.  IT MIGHT BE ONE OF THE MINOR PARTIES, IT MIGHT BE A MAJOR PARTY.

                    YOU MIGHT HAVE -- YOU MIGHT ALREADY HAVE THE REPUBLICAN NOMINATION

                    AND NOW YOU WANT TO GET INTO THE DEMOCRATIC PRIMARY.

                                 SO THIS WAY, WE PRESERVE THE PARTY -- WE PRESERVE THE

                    PARTY STRUCTURE, THE PETITION PROCESS; YET, GIVING PEOPLE MORE CHANCES

                    TO -- TO CHANGE THEIR ENROLLMENT.

                                 MR. DENDEKKER:  ALL RIGHT.  THANK YOU VERY

                    MUCH, MR. JACOBSON.

                                 MR. JACOBSON:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. JACOBSON.

                                 MR. JACOBSON:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. JACOBSON:  THANK YOU, MR. SPEAKER.  I AM

                    PROUD TO SPONSOR THIS MAJOR ELECTION REFORM BILL.  THIS BILL WILL CHANGE

                                         56



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HOW REGISTERED VOTERS CAN CHANGE THEIR PARTY ENROLLMENT.  NOW, A

                    CHANGE OF REGISTRATION DOES NOT TAKE PLACE UNTIL THE TUESDAY AFTER THE

                    NEXT GENERAL ELECTION, AND THE CHANGE OF REGISTRATION MUST BE MADE 25

                    DAYS BEFORE THE GENERAL ELECTION OR YOU MUST WAIT UNTIL AFTER THE

                    FOLLOWING YEAR'S GENERAL ELECTION FOR THE CHANGE TO TAKE EFFECT.

                                 THIS BILL MAKES TWO MAJOR CHANGES.  ENROLLMENT

                    CHANGES WILL TAKE PLACE IMMEDIATELY UPON RECEIPT BY THE BOARD OF

                    ELECTIONS, EXCEPT THOSE RECEIVED AFTER FEBRUARY 14TH AND BEFORE THE 7TH

                    DAY AFTER THE JUNE PRIMARY.  PREVIOUSLY, CHANGES TO THE ENROLLMENT WE

                    REQUIRED TO BE MADE, AS I SAID, 25 DAYS BEFORE THE GENERAL ELECTION,

                    WHICH WAS 11 MONTHS PRIOR TO THE OLD SEPTEMBER PRIMARY.  WITH THE

                    CHANGE TO A JUNE PRIMARY AND WITHOUT THIS BILL, THE CHANGE WOULD BE

                    EIGHT MONTHS PRIOR TO THE PRIMARY.  AND UNDER THIS BILL, THE CHANGE WILL

                    BE ONLY MADE ABOUT FOUR MONTHS PRIOR TO THE JUNE PRIMARY, AND THE

                    CHANGE WILL BE ABOUT TWO-AND-A-HALF MONTHS PRIOR TO THE PRESIDENTIAL

                    PRIMARY THIS YEAR, WHICH IS SCHEDULED FOR APRIL 28TH.

                                 THERE IS A NEED FOR UNIFORM PARTY CHANGE PROCESS THAT

                    APPLIES TO ALL PARTIES, AND THAT'S ESSENTIAL BECAUSE IMPLEMENTING

                    DIFFERENT RULES FOR DIFFERENT PARTIES WOULD CREATE ADMINISTRATIVE CHAOS

                    AND IMPOSSIBILITIES FOR BOARDS OF ELECTION THAT WOULD CAUSE VOTER

                    CONFUSION.  MORE -- MORE OFTEN, PARTY CHANGES OFTEN IMPACT MORE THAN

                    ONE PARTY.  IT IMPACTS NOT ONLY THE PARTY YOU'RE LEAVING, BUT THE PARTY

                    THAT THE VOTER WANTS TO ALIGN WITH.  THE CURRENT LAW AND THIS LAW IS

                    INTENDED TO AVOID PARTY RAIDING, WHERE MEMBERS OF ONE PARTY CHANGE

                    PARTY ENROLLMENT SHORTLY BEFORE A PRIMARY TO VOTE IN ANOTHER PARTY'S

                                         57



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PRIMARY IN ORDER TO EITHER SELECTED THE WEAKEST CANDIDATE AGAINST THE

                    VOTER'S PREFERRED GENERAL ELECTION CANDIDATE, OR IN DIFFUSING VOTER

                    CONTEXT, PROVIDE A SMALL NUMBER OF VOTES REQUIRED IN A SMALL PARTY'S

                    PRIMARY TO STRATEGICALLY DELIVER THE NOMINATION.  THIS HAPPENS MANY

                    TIMES.  YOU HAVE, ALL OF A SUDDEN, YOU SEE 100 PEOPLE REGISTER IN THE

                    GREEN PARTY OR THE REFORM PARTY, AND YOU KNOW SOMEBODY'S UP TO

                    SOMETHING.

                                 AND SO, WE'RE NOT -- WE'RE NOT GOING TO BE ABLE TO DO

                    THIS THAT PEOPLE WOULD DECIDE JUST BEFORE THE PRIMARY, OKAY, THE OTHER

                    PARTY -- MY PARTY DOESN'T HAVE A PRIMARY SO NOW WE'RE GOING TO RAID

                    THE OTHER PARTY.  IF -- IF WE DON'T PROTECT -- IF WE HAVE PARTY RAIDING, WE

                    THEN MAKE THE POSSIBILITY OF A MINORITY PARTY TO BECOME COMPETITIVE,

                    OR A MAJORITY PARTY IMPOSSIBLE.  THIS BILL WILL PRESERVE THE VOTERS'

                    OPPORTUNITY OF CHOICE AS OPPOSED TO ONE PARTY DOMINATING THE -- THE

                    PROCESS, BECAUSE IF YOU HAVE A TOWN OR A CITY WHERE ONE PARTY IS

                    DOMINANT, IF -- IF YOU ALLOW A CHANGE JUST BEFORE THE PRIMARY AND NOW

                    THEY THEN RAID THE OTHER PARTY, WELL THEN YOU'RE GOING TO HAVE A

                    SITUATION WHERE THE VOTERS WON'T HAVE A CHOICE IN NOVEMBER.

                                 THIS CHANGE -- THIS BILL -- THIS CHANGE IS INTENDED TO

                    BALANCE THE STATE'S STRONG INTEREST IN THE INTEGRITY OF THE BALLOT, THE

                    INTEGRITY OF THE PARTY SYSTEM AND THE RULES GOVERNING VOTER

                    PARTICIPATION AND PARTY PROCESSES WITH THE INCREASED VOTER INTEREST AND

                    PARTICIPATING IN THE POLITICAL PROCESS.  THIS BILL IS ANOTHER MAJOR

                    ELECTION LAW REFORM FOLLOWING OUR EARLIER SUCCESSES THIS YEAR IN

                    ESTABLISHING EARLY VOTING, THE CONSOLIDATION OF THE FEDERAL AND STATE

                                         58



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PRIMARIES, ALLOWING PEOPLE WHO MOVE FROM ONE COUNTY TO ANOTHER TO

                    CARRY THEIR REGISTRATION WITH THEM, AND PRE-REGISTRATION OF 16- AND

                    17-YEAR-OLDS.  WE ALSO TOOK THE FIRST STEP IN AMENDING OUR STATE

                    CONSTITUTION TO ENACT SAME-DAY REGISTRATION AND NO REASON ABSENTEE

                    BALLOTS.  I AM PROUD TO HAVE SPONSORED THIS BILL AND I URGE ALL MY

                    COLLEAGUES TO SUPPORT IT.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. SMITH.

                                 MR. SMITH:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR A QUESTION?

                                 MR. JACOBSON:  SURE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SMITH:  SO I THINK I HAVE A CONCERN WITH THIS

                    BILL, AND I'M THINKING THROUGH IT AND I UNDERSTAND THE INTENTION; I THINK

                    THE INTENTION'S GOOD.  BUT MY CONCERN NOW, NEXT YEAR WE'RE GOING TO

                    HAVE A PRESIDENTIAL PRIMARY AND IT'S LIKELY TO ONLY BE A DEMOCRATIC

                    PRESIDENTIAL PRIMARY, SO UNDER THIS BILL, WHAT'S THE STOP - I'M A

                    REPUBLICAN - WHAT WOULD STOP ME ON FEBRUARY 13TH FROM SWITCHING TO

                    THE DEMOCRATIC PARTY, VOTING IN THE PRESIDENTIAL PRIMARY AND THEN

                    FOLLOWING WHATEVER DAY THE PRIMARY IS THE - I'M SORRY, THE JUNE

                    PRIMARY - SWITCHING BACK TO THE REPUBLICAN PARTY?

                                 MR. JACOBSON:  BECAUSE I THINK YOU'RE SMART

                    ENOUGH NOT TO SWITCH AGAIN.  BUT REALISTICALLY --

                                 (LAUGHTER)

                                 MR. SMITH:  TOUCH╔.

                                         59



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. JACOBSON:  REALISTICALLY, I DON'T THINK THAT THE

                    PEOPLE SWITCHING IN A PRESIDENTIAL PRIMARY WILL BE ABLE TO RAID THE

                    PARTY HAVING A PRIMARY IN THE SAME WAY THAT YOU WOULD BE ABLE TO RAID

                    THE PARTY HAVING A PRIMARY IN JUNE.  IN JUNE, IT WOULD BE VERY EASY TO

                    DO IT.  IN A PRESIDENTIAL PRIMARY, I -- I DON'T THINK YOU'RE VOTING FOR ONE

                    OF THE DEMOCRATS OR GETTING SOME REPUBLICANS TO DO THAT IS GOING TO

                    MAKE A DIFFERENCE.  BUT YOU'RE RIGHT, IN THEORY IT COULD HAPPEN, BUT I

                    THINK THAT THE -- THE REAL THING WE'RE DOING IS WE'RE PROTECTING THE -- OUR

                    JUNE PRIMARY AND OUR PARTY PROCESS THERE.

                                 MR. SMITH:  OKAY.  THANK YOU.  THANK YOU VERY

                    MUCH.

                                 ACTING SPEAKER AUBRY:  MS. BYRNES.

                                 MS. BYRNES:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD?

                                 MR. JACOBSON:  OF COURSE.

                                 ACTING SPEAKER AUBRY:  MR. JACOBSON WILL

                    YIELD.

                                 MS. BYRNES:  QUICK QUESTION, THOUGH, SIR.  YOU

                    INDICATED THAT YOU THOUGHT IT WAS UNLIKELY IN A PRESIDENTIAL PRIMARY,

                    BUT I THOUGHT YOU INDICATED IT COULD BE RIPE FOR ABUSE IN OTHER

                    PRIMARIES.  BUT ALL THE PRIMARIES NOW ARE IN JUNE.  SO, THERE IS NO

                    DIFFERENTIAL -- DIFFERENTIAL -- THERE IS NO DIFFERENCE AND PEOPLE COULD

                    EASILY, IN LIKE A TOWN LIKE I HAVE WHICH IS DOMINATED BY REPUBLICANS,

                    GO BACK AND SWITCH AND SAY, YOU KNOW, WE WANT TO GET THE DEMOCRATIC

                    LINE, TOO, AND -- AND THEN RE-REGISTER AGAIN A COUPLE OF DAYS LATER.

                                         60



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. JACOBSON:  WELL, THE PRES --

                                 MS. BYRNES:  IT'S NOT -- IT'S NOT -- WE'RE NOT

                    RESTRICTED ONLY TO LOOKING AT PRESIDENTIAL PRIMARIES, WE'RE LOOKING AT ALL

                    OF OUR PRIMARIES.  GOOD PEOPLE HERE WHO ARE REGISTERED DEMOCRATS,

                    AND I AT ONE POINT IN MY POINT IN MY LIFE PARTICIPATED IN THE

                    DEMOCRATIC PRIMARY, BUT YOU COULD ALSO HAVE THE SAME THING WHERE

                    PEOPLE ARE SWITCHING INTO YOUR PARTY JUST TO RUN AGAINST YOU IN

                    PRIMARIES NEXT YEAR FOR YOUR ASSEMBLY SEATS.  SO, I THINK THIS IS -- JUST

                    SEEMS TO BE RIPE FOR FRAUD UNLESS YOU ARE DISAGREEING, SIR.

                                 MR. JACOBSON:  I THINK IT'S, FIRST OF ALL, I -- THE

                    ORIGINAL BILL HAD IT THE 30TH OF DECEMBER, WHICH THEN WOULD'VE BEEN

                    FURTHER, BUT I THINK THAT THIS BILL, WHILE IN THEORY THERE COULD BE SOME

                    RAIDING IN THE PRESIDENTIAL, I THINK THAT IN REALITY, THE RAIDING CAN REALLY

                    OCCUR WHEN YOU HAVE A PRIMARY WITH A SMALL NUMBER OF VOTERS.

                                 MS. BYRNES:  RIGHT.

                                 MR. JACOBSON:  SO -- SO WHEN YOU HAVE A SMALL

                    NUMBER OF VOTE -- AND THAT PRIMARY FOR FEDERAL AND STATE IS IN JUNE; THE

                    PRESIDENTIAL'S IN APRIL.  SO, YOU REALLY WON'T BE ABLE TO RAID IT IN THE

                    SAME WAY.  I'M SURE YOU'RE GOING TO TRY, BUT I THINK THAT IN A SITUATION

                    WHEN YOU HAVE A JUNE PRIMARY AND YOU HAVE -- AND SAY YOUR TOWN HAD

                    2,000 REPUBLICANS AND 1,000 DEMOCRATS, ALL RIGHT, AND NOW -- NOW THE

                    -- NOW YOU WANT TO DO SOMETHING WITH AN OPPORTUNITY TO BALLOT AND SO

                    FORTH.  IT WOULD BE A LOT EASIER FOR YOU TO RAID THE PARTY IF YOU WERE ABLE

                    TO CHANGE A MONTH BEFORE THE PRIMARY THAN DOING IT BACK IN APRIL.  THE

                    MAIN THING IS WE DON'T WANT TO HAVE A SITUATION WHERE YOU -- WHERE

                                         61



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ONE NOMINEE THEN WILL CHANGE THE PARTY CLOSE TO THE PRIMARY OR THE

                    OPPORTUNITY TO BALLOT PROCESS IN ORDER TO -- TO CORRUPT THE SYSTEM.  NOW

                    --

                                 MS. BYRNES:  BUT WE ARE MAKING IT FAR MORE LIKELY

                    FOR IT TO HAPPEN UNDER YOUR NEW BILL THAN UNDER THE CURRENT EXISTING

                    LEGISLATION, OR CURRENT LAWS.

                                 MR. JACOBSON:  THAT'S TRUE, BUT WE'RE BALANCING

                    THAT WITH THE INTEREST TO ALLOW MORE PEOPLE TO SWITCH THEIR PARTY CLOSER

                    TO THE PRIMARY.  IT'S A BALANCING ACT.  SO, IT'S A BALANCING ACT.  WE COULD

                    HAVE KEPT IT THE WAY IT WAS AND IT WOULD BE EIGHT MONTHS AND THEN

                    THERE ARE PEOPLE SAYING, BUT, YEAH, BUT WE'VE GOT A LOT OF PEOPLE THAT

                    WE'RE ENCOURAGING, FIRST TIME VOTERS TO GET INTO THE PROCESS, AND MOST

                    PEOPLE VOTE FOR THE FIRST TIME IN A PRESIDENTIAL ELECTION.  SO, IT'S A

                    BALANCING ACT AND THAT'S WHAT WE DID.

                                 MS. BYRNES:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. BYRNES:  JUST FROM THE BRIEF DISCUSSION I'M

                    HEARING TODAY, I THINK THAT EACH AND EVERY ONE OF US WITH THE PRIMARIES

                    BEING MOVED UP, WITH THIS POTENTIAL CHANGE, COULD BE WAY MORE RIPE

                    OURSELVES FOR PRIMARY CHALLENGES, BOTH FROM WITHIN AND WITHOUT.  AND

                    I THINK THAT THE INTEGRITY OF THE PROCESS RIGHT NOW, WHILE PEOPLE DO

                    HAVE TO MAKE A DECISION WELL IN ADVANCE AS TO WHAT PARTY THEY WANT TO

                    BELONG IN, THEY'RE MAKING A PHILOSOPHICAL DECISION THAT THEY WANT TO BE

                    A REPUBLICAN, THEY WANT TO BE A DEMOCRAT, THEY WANT TO BE A

                    CONSERVATIVE, THEY WANT TO BE A WORKING FAMILY MEMBER, AND NOW

                                         62



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WE'RE GOING TO ALLOW MANIPULATION WHERE CURRENTLY AT LEAST MOST

                    PEOPLE REGISTER TO VOTE BASED UPON PHILOSOPHY.  IN THE FUTURE, I THINK

                    WE'RE GOING TO BE SEEING PEOPLE DO IT TO MANIPULATE THE SYSTEM.  I'LL BE

                    VOTING AGAINST THIS.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. BLAKE.

                                 MR. BLAKE:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. BLAKE:  FIRST, I WANT TO COMMEND

                    ASSEMBLYMEMBER JACOBSON FOR PUTTING FORTH THIS LEGISLATION AND I

                    WANT TO BE VERY CLEAR ON SOME OF THE POINTS THAT ARE BEING RAISED AND

                    COUNTER THEM VERY DIRECTLY.  SO WHEN WE THINK ABOUT WHY WE NEED THIS

                    BILL, THIS IS IN CONTINUATION OF THE BILL THAT I PUT FORTH IN TERMS OF

                    MOVING THE PRESIDENTIAL PRIMARY ITSELF UNTIL APRIL 28TH.  NOW, WHY WE

                    HAVE TO DO THAT?  WE HAVE TO MAKE THIS EASIER FOR MORE PEOPLE TO BE

                    ABLE TO PARTICIPATE.  DOING THIS BILL, ESPECIALLY WHEN YOU THINK ABOUT

                    HOW THE FIRST CAUCUS IS ON FEBRUARY 3RD AND THE FIRST PRIMARY IS ON

                    FEBRUARY 11TH, IT GIVES MORE LIKELIHOOD FOR PEOPLE TO BE INVOLVED IN

                    THE PROCESS THAN OTHERWISE.  THE FEBRUARY 14TH DATE, AS WE SAW FROM

                    LAST YEAR, THE TURNOUT WAS TRIPLE THE TIME OF A REGULAR ELECTION.  AND SO,

                    WE WANT MORE PEOPLE TO BE INVOLVED IN THE PROCESS, FIRST OF ALL.

                                 SECOND, TO THE POINT THAT HAS BEEN RAISED OF PEOPLE

                    JUMPING AND SWITCHING AND TRYING TO MANIPULATE, THAT IS JUST NOT THE

                    CASE AND WE HAVE TO STOP THAT ARGUMENT AROUND FEAR-MONGERING THAT IS

                    HAPPENING THERE.  WHY IS THAT NOT THE CASE?  BECAUSE AS BEEN STATED IN

                                         63



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE MEMO, IT IS VERY CLEAR, IF YOU REGISTER AFTER THAT DATE, IT WOULD TAKE

                    EFFECT AFTER THE JUNE PRIMARY AND SO, THEREFORE, YOU'RE NOT GOING TO

                    HAVE SOMEONE THAT'S REGISTERING FOR ONE PARTY AND THEN MOVING AND

                    MAKING A CHANGE FOR THE PRIMARY THAT'S HAPPENING IN JUNE.  THE REALITY

                    IS THIS:  WE SHOULD BE MAKING IT EASIER FOR PEOPLE TO VOTE, NOT HARDER.

                    WE SHOULD BE MAKING IT EASIER FOR YOU TO GET REGISTERED, NOT HARDER.

                    WE SHOULD BE MAKING IT EASIER TO BE A PART OF THE PROCESS, NOT HARDER.

                                 THIRD AND FINALLY, WHY DO WE HAVE TO DO THIS?

                    CURRENTLY, WE'RE IN A SCENARIO WHERE SOMEONE MIGHT BE REGISTERING IN

                    OCTOBER, OR IN THE OTHER BILLS THAT HAPPENED EARLIER THIS YEAR, AT THE END

                    OF DECEMBER, TO TAKE EFFECT FOR AN ELECTION HAPPENING NEXT YEAR.  THAT

                    DOESN'T MAKE ANY SENSE IN ANY WAY.  AND SO, BECAUSE WE KNOW THERE'LL

                    BE GREATER PARTICIPATION, BECAUSE IT WILL BE EASIER FOR PEOPLE TO BE ABLE

                    TO BE ENGAGED, AND, LASTLY, BECAUSE WE PUT IN THE SAFEGUARDS WHICH ARE

                    REFERENCED AT THE BOTTOM OF THE SPONSOR'S MEMO, THAT SOMEONE, WHEN

                    THEY GET REGISTERED BEFORE AND/OR FEBRUARY 14TH, WILL NOT BE ABLE TO

                    CHANGE THEIR REGISTRATION GOING TO THE JUNE PRIMARY.  TO ADDRESS THE

                    CONCERNS THAT HAVE BEEN RAISED BY THE OTHER SIDE, WE ALLOT FOR THAT

                    PROTECTION.

                                 SO, TO CHAIRMAN LAVINE, TO ASSEMBLYMEMBER

                    JACOBSON AND OTHERS ON THE ELECTION COMMITTEE, THIS IS A VERY STRONG

                    BILL TO MAKE SURE MORE PEOPLE CAN PARTICIPATE AND MAKE SURE WE HAVE

                    THE SAFEGUARDS IN PLACE, AND I WILL DEFINITELY BE VOTING IN HE

                    AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                         64



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. SMITH FOR A SECOND.

                                 MR. SMITH:  WILL THE SPONSOR FOR ONE FINAL

                    QUESTION?

                                 ACTING SPEAKER AUBRY:  MR. JACOBSON, WILL

                    YOU YIELD?

                                 MR. JACOBSON:  SURE.

                                 MR. SMITH:  OKAY, THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SMITH:  SO AS I'M THINKING ABOUT THIS A LITTLE BIT

                    MORE, ESPECIALLY WITH THE NEW TIMELINE WE HAVE FOR OUR ELECTIONS, SO

                    NOW WE'RE GOING INTO 2020.  I KNOW -- I'M GOING TO GO BACK TO MYSELF

                    PERSONALLY, I'VE ENJOYED THE SUPPORT OF THE REPUBLICAN, CONSERVATIVE

                    AND INDEPENDENCE PARTIES.  NOW, OUR PETITION PROCESS FOR NEXT YEAR

                    CONCLUDES I BELIEVE RIGHT BEFORE APRIL, THE END OF MARCH; IT'S ABOUT A

                    MONTH PROCESS.  SO UNDER THIS, IF I WERE TO, FOR EXAMPLE, GET WORD THAT

                    I WAS NOT TO RECEIVE THE INDEPENDENCE PARTY'S NOMINATION NEXT YEAR, I

                    COULD CONCEIVABLY SWITCH TO THE INDEPENDENCE PARTY ON FEBRUARY 13TH,

                    STILL RECEIVE THE WILSON-PAKULA FROM MY OWN REPUBLICAN PARTY, CARRY

                    PETITIONS - I'M A NOTARY PUBLIC, I CAN ACTUALLY CARRY PETITIONS THEN FOR

                    THE REPUBLICAN PARTY AND THE INDEPENDENCE PARTY.  THE OPPORTUNITY TO

                    BALLOT PROCESS, AT THAT POINT, WOULD BE NIL BECAUSE I WOULD BE ABLE TO

                    THEN APPEAR -- MY NAME WOULD APPEAR ON THE INDEPENDENCE PARTY

                    WITHOUT THE INDEPENDENCE PARTY SIGNING A WILSON-PAKULA.

                                 YOU KNOW, SO WITH THAT CONCERN, WITH RESPECT TO OUR

                    MINOR PARTIES, DOESN'T THIS NOW ESSENTIALLY WITH - AND WE DON'T HAVE TOO

                                         65



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MANY MINOR PARTIES THAT ARE THAT SIGNIFICANT - ELIMINATE THE

                    WILSON-PAKULA PROCESS.  YOU KNOW, THE SAME SCENARIO COULD BE SAID

                    WITH THE CONSERVATIVE ONE, IN MY CASE, THE WORKING FAMILIES LINE IN

                    OTHER CASES.  I IMAGINE, AS I MENTIONED, MY REPUBLICAN PARTY, THE

                    DEMOCRATIC PARTY, MIGHT BE HAPPY TO SIGN A WILSON-PAKULA TO AVOID AN

                    OPPORTUNITY TO BALLOT.  WHAT'S TO PREVENT THAT FROM HAPPENING?

                                 MR. JACOBSON:  THE ANSWER IS NO, YOU COULD'VE

                    DONE IT THIS YEAR WITH THE OLD RULES.  YOU STILL COULD'VE CHANGED AND

                    FIGURED YOU WERE GOING TO GET ENDORSED AND NOMINATED BY THE

                    REPUBLICAN PARTY; SO YOU COULD'VE DONE IT THIS YEAR.  THIS IS A

                    BALANCING ACT BETWEEN THE NEED FOR MORE PARTICIPATION AND

                    SAFEGUARDING OUR PROCESS.

                                 MR. SMITH:  OKAY.  I MEAN, I THINK WITH RESPECT TO

                    THAT, THE CONCERN, THEN, WOULD BE SOMEONE COULD SWITCH, ONLY BE A

                    MEMBER OF THE PARTY FOR ABOUT FOUR MONTHS AND THEN SWITCH BACK TO

                    THEIR ORIGINAL PARTY.  I IMAGINE THE PRESS WOULD NOT REALLY APPRECIATE

                    THAT, SO MAYBE THAT WOULD BE SOMETHING, BUT -- BUT THANK YOU.  THANK

                    YOU VERY MUCH.

                                 MR. JACOBSON:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. SIMON TO EXPLAIN HER VOTE.

                                         66



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.  I WANT TO

                    ENCOURAGE PEOPLE TO VOTE FOR THIS BILL.  AS SOME OF YOU MAY KNOW, I

                    HAD A BILL TO CHANGE ENROLLMENT THAT WOULD'VE BEEN A SHORTER PERIOD OF

                    TIME, 25 DAYS, WHICH I WOULD HAVE PREFERRED, BUT I DO UNDERSTAND THE

                    COMPETING CONCERNS HERE AND I THINK THAT THIS WILL ACTUALLY MAKE A

                    VERY IMPORTANT DIFFERENCE AND BE SOMETHING THAT IS MANAGEABLE GOING

                    FORWARD AND MAKING SURE THAT EVERYBODY REALLY UNDERSTANDS WHAT THOSE

                    TIMEFRAMES ARE AND BE LESS CONFUSING FOR VOTERS.  SO, I AM HAPPY TO

                    VOTE FOR THIS AND ENCOURAGE MY COLLEAGUES TO DO SO.

                                 ACTING SPEAKER AUBRY:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, I'D LIKE TO CALL UP BILL

                    NO. 567 ON CONSENT, AND THEN WE'RE GOING TO GO ON TO RULES REPORT

                    NO. 499, PAGE 17 BY WALLACE; RULES REPORT NO. 404 -- 404, PAGE 13

                    BY PAULIN; CALENDAR NO. 325, PAGE 55 BY PEOPLES-STOKES; RULES

                    REPORT NO. 334, PAGE 12, DINOWITZ; RULES REPORT NO. 1187 -- I'M

                    SORRY, 487, PAGE 16, BY DINOWITZ.

                                 (PAUSE)

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08319, RULES REPORT

                    NO. 567, ROMEO, GLICK, PEOPLES-STOKES, ENGLEBRIGHT, MAGNARELLI,

                                         67



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    LIFTON, BENEDETTO, LUPARDO, STIRPE, BRONSON, FAHY, MCDONALD, SIMON,

                    BICHOTTE, WALLACE, TAYLOR, BUTTENSCHON, EPSTEIN, MCMAHON,

                    SEAWRIGHT, GRIFFIN, REYES, BARCLAY.  AN ACT TO AMEND THE EDUCATION

                    LAW, IN RELATION TO THE PRACTICE OF REGISTERED PHARMACY TECHNICIAN.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE -- TAKE EFFECT ON THE

                    180TH DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. ROMEO ON THE BILL -- TO EXPLAIN HER VOTE.

                                 MS. ROMEO:  THANK YOU, MR. SPEAKER.  I JUST RISE

                    VERY BRIEFLY TO EXPLAIN MY VOTE.  I WANTED TO THANK THE CHAIR OF THE

                    HIGHER EDUCATION COMMITTEE, STAFF AND ALL THE STAKEHOLDERS THAT

                    WORKED TO GET THIS BILL TO THE FLOOR THIS YEAR.  LAST YEAR, WE RECEIVED

                    SOME WORD FROM THE STATE EDUCATION DEPARTMENT THAT HOSPITALS AND

                    PHARMACY TECHNICIANS WERE OUT OF COMPLIANCE, AND A LOT OF GROUPS

                    CAME TOGETHER VERY QUICKLY TO PUT THIS LANGUAGE TOGETHER THAT WILL

                    ALLOW NOT ONLY JOBS TO BE RETAINED, BUT ALSO TO AVOID FINANCIAL BURDENS

                    ON HOSPITALS TO CREATE BOTH REGISTERED AND UNLICENSED PHARMACY

                    TECHNICIANS TO HAVE STANDARDS OF PRACTICES CODIFIED INTO STATE LAW.

                    AND I WANTED TO THANK EVERYONE THAT CAME IN SUPPORT ON PROTECTING

                    THESE JOBS AND ALSO PROTECTING OUR HOSPITAL INSTITUTIONS.  THANK YOU.

                                         68



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MS. ROMEO IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06787-B, RULES

                    REPORT NO. 499, WALLACE, EPSTEIN, MOSLEY, M.G. MILLER, SIMON,

                    GOTTFRIED, L. ROSENTHAL, REYES, OTIS, SIMOTAS, QUART.  AN ACT TO AMEND

                    THE EDUCATION LAW, IN RELATION TO THE USE OF BIOMETRIC IDENTIFYING

                    TECHNOLOGY.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  WE'LL WITHDRAW IT.

                                 AN EXPLANATION IS REQUESTED, MS. WALLACE.

                                 MS. WALLACE:  THIS BILL DIRECTS THE COMMISSIONER

                    OF EDUCATION TO STUDY AND REPORT ON WHETHER THE USE OF BIO -- BIOMETRIC

                    IDENTIFYING TECHNOLOGY IS APPROPRIATE FOR USE IN SCHOOLS AND IF SHE

                    DETERMINES THAT IT IS, TO DEVELOP GUIDELINES FOR SUCH USE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SPEAKER.  WOULD THE

                    SPONSOR YIELD?

                                 MS. WALLACE:  YES, I WILL.

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WALLACE?

                                 MS. WALLACE YIELDS.

                                         69



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    WALLACE.  WHAT IS -- WHAT IS THE PUBLIC POLICY CONCERN THAT WE'D WANT

                    TO STOP THIS TYPE OF IDENTIFICATION EQUIPMENT FROM BEING UTILIZED?

                                 MS. WALLACE:  WELL, SO AS YOU MAY KNOW, SEVERAL

                    SCHOOL DISTRICTS HAVE ALREADY TRIED TO ACQUIRE OR ARE INTERESTED IN

                    ACQUIRING OR HAVE ACQUIRED WHAT IS COLLOQUIALLY KNOWN AS "FACIAL

                    RECOGNITION SOFTWARE" THAT THEY PLAN TO USE IN SCHOOL DISTRICTS AROUND

                    THE STATE.  AND RIGHT NOW WE DON'T HAVE ANY GUIDELINES WHATSOEVER ON

                    THE USE.  THERE ARE VERY -- THERE ARE A LOT OF QUESTIONS ABOUT THE

                    RELIABILITY OF THAT SOFTWARE, THERE ARE QUESTIONS ABOUT HOW IT SHOULD BE

                    USED, WHO IS GOING TO HAVE ACCESS TO THE INFORMATION AND SO FORTH.  SO

                    THIS LEGISLATION WOULD ASK THE COMMISSIONER TO LOOK MORE DEEPLY AT

                    THE ISSUE AND TO DEVELOP A UNIFIED STATEWIDE POLICY -- UNIFORM

                    STATEWIDE POLICY ON THIS ISSUE.

                                 MR. GOODELL:  OF COURSE, AS YOU KNOW, A

                    TREMENDOUS AMOUNT OF CONCERN ALL ACROSS OUR STATE AND THE NATION, IN

                    FACT, ABOUT SCHOOL SECURITY.  AND THE QUESTION THAT MANY SCHOOL

                    ADMINISTRATORS ARE ASKING OF US IS SHOULDN'T WE UTILIZE ALL THE TOOLS THAT

                    ARE AVAILABLE TO US TO MAXIMIZE THE SECURITY OF OUR SCHOOLS?  CERTAINLY

                    WE HAVE NO OBJECTIONS TO VIDEO CAMERAS AND THEY'RE WIDELY USED TO

                    HELP IN SCHOOL SECURITY.  WE HAVE NO PROBLEM WITH ADVANCES IN

                    TECHNOLOGY IN OTHER WAYS THAT IDENTIFY INDIVIDUALS.  THE PROBLEM WITH

                    A SECURITY CAMERA IS THE RESOLUTION IS NOT ALWAYS VERY GOOD; IT'S EASY TO

                    CONFUSE PEOPLE.  SO, MY QUESTION IS THIS:  IF YOU'VE THROWN A STUDENT

                    OFF OR YOU'VE HAD PROBLEMS, WOULDN'T IT BE A HELPFUL TOOL FOR A SCHOOL

                                         70



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT'S CONCERNED ABOUT SECURITY TO BE ABLE TO HAVE THIS TYPE OF SOFTWARE

                    AVAILABLE TO IDENTIFY THAT THE INDIVIDUAL THAT'S SHOWING UP, TRYING TO GET

                    INTO THE SCHOOL, IS ONE OF THOSE INDIVIDUALS THAT THEY HAVE SERIOUS

                    SECURITY ISSUES CONCERNING?

                                 MS. WALLACE:  WELL, MR. GOODELL, AS YOU

                    MENTIONED, ALL OF US WANT TO KEEP STUDENTS SAFE, RIGHT?  AND I, MYSELF,

                    AND I'M SURE MANY MEMBERS IN THIS -- IN THIS -- EVERYONE HERE HAS

                    ADVOCATED FOR RESOURCES FOR OUR LOCAL DISTRICTS AND ALSO STATEWIDE TO

                    HELP SCHOOL DISTRICTS ACQUIRE THE TOOLS TO KEEP STUDENTS AS SAFE AS

                    POSSIBLE.  BUT, IT'S FUNNY THAT YOU MENTIONED ABOUT THE UNRELIABILITY OR

                    THE LACK OF RESOLUTION ON REGULAR VIDEOS; IN FACT, ACTUALLY, THERE'S A LOT

                    OF QUESTIONS ABOUT HOW RELIABLE FACIAL RECOGNITION SOFTWARE IS.  THERE'S

                    A LOT OF STUDIES THAT SHOW THAT IT'S NOT THAT RELIABLE AND, IN PARTICULAR, IT'S

                    LESS RELIABLE WITH REGARD TO CERTAIN GROUPS OF PEOPLE, CHILDREN BEING

                    ONE OF THEM, WOMEN BEING ONE OF THEM, AND PEOPLE OF COLOR BEING

                    ANOTHER ONE.

                                 SO -- SO ONE OF THE THINGS I'M ASKING THE

                    COMMISSIONER TO DO IS LOOK AT THE RELIABILITY OF THE PARTICULAR SOFTWARE.

                    IT COULD BE THAT SOME SOFTWARE IS VERY, VERY RELIABLE AND OTHERS ARE NOT.

                    AND SO, PERHAPS WE SHOULD ESTABLISH A THRESHOLD OF RELIABILITY BEFORE

                    WE EVEN ALLOW THESE TO BE ACQUIRED IN THE FIRST PLACE.  YOU MENTIONED

                    THE LIMITED RESOURCES.  I MEAN, THERE'S ONE SCHOOL DISTRICT IN WESTERN

                    NEW YORK AREA THAT HAS ALREADY SPENT $1.4 MILLION TO ACQUIRE THIS

                    SOFTWARE WITH -- I'M NOT REALLY CLEAR IN TERMS OF HOW MUCH MORE

                    MONEY IT'S GOING TO COST IN THE FUTURE TO CONTINUE TO UPKEEP THIS

                                         71



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SOFTWARE, WHO'S GOING TO -- DO YOU NEED TO PAY AN ADDITIONAL PERSON TO

                    MONITOR IT, AND ARE THERE MORE EFFECTIVE AND MORE RELIABLE WAYS TO

                    KEEP OUR STUDENTS SAFE AT A LESS EXPENSIVE COST?

                                 SO, WE WANT TO MAKE THAT WE'RE GOOD STEWARDS OF

                    TAXPAYER RESOURCES AND THAT IF WE ARE GOING TO BE SPENDING EXORBITANT

                    AMOUNTS OF MONEY, WE'RE DOING IT IN THE MOST EFFECTIVE AND

                    COST-EFFICIENT MANNER IN THE WAY THAT'S GOING TO DEFINITELY KEEP OUR

                    STUDENTS SAFE.  RIGHT NOW, IT'S MY UNDERSTANDING THAT A LOT OF THE -- A

                    LOT OF THE PEOPLE THAT ARE ACQUIRING THIS SOFTWARE ARE JUST RELYING UPON

                    THE REPRESENTATIONS OF THE VENDOR.  AND WHILE I'M SURE THE VENDOR

                    MIGHT HAVE GOOD INTENTIONS, ONE OF THE INTENTIONS OF THE VENDOR IS TO

                    MAKE A PROFIT, RIGHT?  SO, I WOULD LIKE SOMEBODY WHO IS A LITTLE BIT

                    MORE DISINTERESTED AND TO LOOK AT THIS ISSUE AND TO DEVELOP SOME MORE

                    STATEWIDE GUIDELINES ON IT.

                                 MR. GOODELL:  YOU MENTIONED THAT ONE SCHOOL

                    DISTRICT THAT YOU'RE AWARE OF HAS SPENT $1.4 MILLION.  WOULD THIS LAW

                    PREVENT THAT SCHOOL DISTRICT FROM BEING ABLE TO USE ANY OF THE

                    EQUIPMENT THAT THEY'VE ALREADY SPENT $1.4 MILLION TO ACQUIRE?

                                 MS. WALLACE:  YES, IT WOULD TEMPORARILY; YES.

                                 MR. GOODELL:  AND DOES THIS, THEN, AUTHORIZE THE

                    STATE TO REIMBURSE THAT SCHOOL DISTRICT THE $1.4 MILLION?

                                 MS. WALLACE:  I THINK IF IT'S ULTIMATELY DETERMINED

                    THAT WE WOULDN'T BE USING IT, THEN WE NEED TO HAVE A CONVERSATION

                    ABOUT WHETHER THAT SHOULD HAPPEN, WHETHER THE SCHOOL SHOULD BE GIVEN

                    A CREDIT, MAYBE, FOR A DIFFERENT KIND OF MORE EFFECTIVE, RELIABLE

                                         72



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SOFTWARE.  BUT THAT CONVERSATION HASN'T TAKEN PLACE YET BECAUSE WE

                    DON'T EVEN KNOW YET WHETHER WE'RE GOING TO SAY IT'S OKAY AS LONG AS

                    YOU DO THIS, THIS AND THIS.

                                 MR. GOODELL:  NOW, YOU MENTIONED THAT THE

                    SCHOOL DISTRICT HAS MOVED FORWARD.  ISN'T THAT THE RESPONSIBILITY OF THE

                    LOCALLY-ELECTED BOARD OF EDUCATION RELYING ON THEIR SCHOOL

                    SUPERINTENDENT AND THEIR PROFESSIONAL STAFF TO DO A COST-BENEFIT

                    ANALYSIS?  I MEAN, UNDER OUR SYSTEM OF GOVERNANCE, DON'T WE PLACE THAT

                    PRIMARY RESPONSIBILITY ON THEM?

                                 MS. WALLACE:  WELL, I THINK THAT THAT OCCURRED

                    WITHOUT A LOT, REALLY, WITH ALMOST NO INPUT FROM THE COMMUNITY AND

                    STAKEHOLDERS.  AND I THINK THAT THIS, YOU KNOW, THERE NEEDS TO BE A

                    BROADER CONVERSATION; IN FACT, SINCE I'VE INTRODUCED THIS LEGISLATION,

                    THERE HAS BEEN WIDESPREAD SUPPORT FOR THIS LEGISLATION.  I THINK

                    EVERYBODY RECOGNIZES IT MAKES SENSE TO DO A DEEPER DIVE BEFORE WE

                    MOVE FORWARD.

                                 MR. GOODELL:  IS THERE ANYTHING UNDER EXISTING

                    LAW THAT WOULD PREVENT THE STATE BOARD OF EDUCATION -- I'M SORRY, THE

                    STATE EDUCATION DEPARTMENT FROM ISSUING GUIDELINES OR MAKING

                    RECOMMENDATIONS IN THIS AREA?

                                 MS. WALLACE:  THERE IS NOTHING, NO, BUT THERE'S

                    NOTHING REQUIRING THEM TO DO THAT EITHER.

                                 MR. GOODELL:  SO THEY CAN DO THIS WHETHER OR NOT

                    WE ADOPT THIS LAW?

                                 MS. WALLACE:  THEY CAN, BUT RIGHT NOW ONE OF MY

                                         73



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CONCERNS IS, YOU KNOW, I MENTIONED THE SCHOOL THAT HAS ALREADY SPENT A

                    LOT OF MONEY.  I KNOW THERE ARE OTHER SCHOOLS WHO ARE CONSIDERING THAT

                    AND I THINK BEFORE WE LET THEM GO OUT AND EXPEND THIS MONEY WITHOUT

                    KNOWING HOW RELIABLE THE SOFTWARE IS, WE SHOULD JUST PAUSE AND LOOK

                    MORE DEEPLY INTO IT.  BECAUSE IF WE LET OTHER SCHOOLS ACQUIRE IT, THEN

                    THAT'S GOING TO EVEN COMPOUND THE ARGUMENT THAT, WELL, KIND OF THE

                    CAT'S ALREADY -- THE HORSE HAS ALREADY LEFT THE BARN.  SO, I THINK, YOU

                    KNOW, WE NEED TO STOP IT RIGHT NOW BEFORE -- AND LOOK MORE DEEPLY AT

                    IT AND SAY, LOOK, YOU KNOW, LET'S -- LET'S DO A THOUGHTFUL DEEP DIVE,

                    TALKING TO DIFFERENT STAKEHOLDERS, TALKING TO SCHOOL SECURITY EXPERTS,

                    LOOKING ABOUT THE RELIABILITY --  LOOKING AT THE RELIABILITY OF IT, LOOKING

                    AT THE FUTURE COSTS OF IT AND THE UPKEEP AND THE MAINTENANCE, AND THEN

                    COMPARING THAT TO EXISTING TECHNOLOGIES THAT WE HAVE.

                                 MR. GOODELL:  THANK YOU VERY MUCH FOR YOUR

                    OBSERVATIONS AND COMMENTS.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I THINK A LOT OF GREAT POINTS HAVE

                    BEEN MADE ABOUT THE NEED FOR OUR STATE EDUCATION DEPARTMENT TO

                    CAREFULLY EXAMINE NOT ONLY THIS, BUT ALL EMERGING TECHNOLOGIES THAT CAN

                    IMPROVE THE SAFETY AND PROTECT OUR STUDENTS, AND I WOULD ENCOURAGE

                    THEM TO CONTINUE TO DO SO.  FORTUNATELY, AS MY COLLEAGUE

                    ACKNOWLEDGED, THEY ALREADY HAVE THAT AUTHORITY.  THE STATE EDUCATION

                    DEPARTMENT ALREADY HAS THE ABILITY AND THE AUTHORITY TO MAKE THESE

                                         74



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    COMPREHENSIVE REVIEWS.

                                 IN THE MEANTIME, WE HAVE ELECTED BOARD OF

                    EDUCATIONS IN ALL UPSTATE, NOT IN THE CITY, BUT THE REST OF THE STATE HAS

                    AN ELECTED BOARD OF EDUCATION.  THOSE ARE THE PEOPLE THAT HAVE BEEN

                    ENTRUSTED BY THE VOTERS TO MAKE THOUGHTFUL DECISIONS AND TO MAKE THE

                    RIGHT CHOICES TO PROTECT THE STUDENTS.  AND WE'VE SEEN THE HORRIFIC

                    TRAGEDY THAT SOMETIMES OCCURS WHEN OUR SCHOOLS ARE NOT TAKING

                    SECURITY AS SERIOUSLY OR AS EFFECTIVELY AS WE WANT.

                                 SO, I THINK A BETTER APPROACH THAN BANNING SOME OF

                    THIS NEW TECHNOLOGY, WHICH IS WHAT THIS BILL WOULD DO, PENDING A

                    STUDY, I THINK A BETTER APPROACH IS TO GIVE DUE DEFERENCE TO OUR BOARDS

                    OF EDUCATION, ENCOURAGE THEM TO ACTUALLY TRY NEW THINGS - HOPEFULLY,

                    HOPEFULLY THEY WILL SAVE KIDS' LIVES BY BEING ABLE TO MOVE FORWARD

                    WITH EMERGENT TECHNOLOGY - AND, IN THE MEANTIME, ENCOURAGE THE STATE

                    EDUCATION DEPARTMENT TO USE THEIR EXPERTISE IN CONJUNCTION WITH

                    INFORMATION TECHNOLOGY AND OTHER EXPERTS TO HELP OUR SCHOOL BOARDS

                    MAKE THE RIGHT DECISION.  BUT I THINK IT WOULD BE A MISTAKE FOR US TO

                    PULL THE RUG UNDER ALL OF OUR SCHOOL BOARDS AND MAKE IT ILLEGAL FOR THEM

                    TO USE EMERGING TECHNOLOGY TO PROTECT THE LIFE AND SAFETY OF OUR

                    STUDENTS.  THANK YOU, AGAIN, TO MY COLLEAGUE; THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  MR. KIM.

                                 MR. KIM:  WOULD THE SPONSOR YIELD FOR A QUICK

                    QUESTION?

                                 ACTING SPEAKER PICHARDO:  MS. WALLACE, DO

                    YOU YIELD?

                                         75



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. WALLACE:  YES, I WILL.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. KIM:  JUST A QUICK QUESTION, MS. WALLACE.

                    WHERE -- WHERE DOES -- DO YOU -- DO WE HAVE A SENSE OF WHERE THE DATA

                    AND ALL THIS INFORMATION IS STORED AND WHETHER IT'S SAFEGUARDED

                    ANYWHERE AND WHETHER THIRD-PARTY CORPORATIONS AND COMPANIES COULD

                    ACTUALLY USE THIS TO MONETIZE IN WHATEVER CAPACITY -- DO WE HAVE ANY

                    OF THAT INFORMATION IN FRONT OF US?

                                 MS. WALLACE:  WELL, ACTUALLY, WITH REGARD TO THE

                    SPECIFIC SCHOOLS WHO ARE PLANNING TO MOVE FORWARD WITH IT, THEY HAVE

                    BEEN IN CONVERSATIONS WITH SED ABOUT THE WAY THE SOFTWARE WORKS, BUT

                    RIGHT NOW, WITHOUT MORE THOUGHTFUL GUIDELINES, THERE IS NOTHING

                    PREVENTING ANYBODY FROM SHARING THIS OR HAVING THIRD-PARTY ACCESS OR

                    USING IT FOR COMMERCIAL PURPOSES.  SO, THAT IS ONE OF THE VERY IMPORTANT

                    REASONS WHY THIS LEGISLATION NEEDS TO BE ENACTED.

                                 MR. KIM:  AND WOULD YOU -- WOULD YOU AGREE THAT IN

                    THIS TIME OF TECHNOLOGICAL ADVANCEMENTS, MANY OF THIS -- MANY OF THE

                    COMPANIES OUT THERE ARE STRICTLY OUT THERE TO TRY AND GET AS MUCH OF OUR

                    PRIVATE DATA AND THAT'S THEIR BUSINESS MODEL, TO MAKE A PROFIT OVER OUR

                    PRIVATE EXPERIENCES AND OUR PRIVACY?

                                 MS. WALLACE:  ABSOLUTELY.

                                 MR. KIM:  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MR.

                                         76



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    KIM.

                                 MR. KIM:  I THINK THIS IS A -- A GREAT BILL.  WE HAVE TO

                    PROTECT THE PRIVACY OF ALL CONSUMERS AND ESPECIALLY STUDENTS.  THIS IS

                    THE LAST FRONTIER FOR SOME OF THESE BIG TECH COMPANIES TO BE -- AND

                    THEY'RE ALREADY OUT THERE ENGAGED IN WHAT WE CALL "SURVEILLANCE

                    CAPITALISM" IN SCHOOLS AND SIDEWALKS AND CITIES UNDER THE GUISE OF

                    SMART CITIES AND HELPING CLASSROOMS AND SCHOOLS, THEY ARE -- THEY ARE

                    INVADING OUR PRIVACY EVERY SINGLE DAY.  SO, I THINK AT LEAST WE HAVE TO

                    PUT A STOP AND STUDY WHAT IT IS THE INTENT BEHIND THESE TYPE OF

                    TECHNOLOGIES AND HOW WE CAN BETTER MONITOR THEM SO I RECOMMEND MY

                    COLLEAGUES TO VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 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 EXPLAIN HIS VOTE.

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

                    WANT TO APPLAUD THE SPONSOR OF THIS BILL, BECAUSE AS MY COLLEAGUE JUST

                    SAID, THE SENSITIVITY OF OUR DATA IS -- IS BEING EXPLOITED EVERY SINGLE

                    DAY.  I SOMETIMES QUESTION COMPANIES THAT COME OUT WITH NEW

                    TECHNOLOGY THAT OFFER IT IN CERTAIN AREAS FOR WHAT THEY SAY IS A VERY

                    REASONABLE PRICE OR BELOW A STANDARD PRICE, BUT IN EXCHANGE, LIKE MY

                    COLLEAGUE JUST SAID, THE ONLY REASON WHY THEY REALLY WANT TO PROVIDE

                                         77



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT SERVICE IS TO GET THAT DATA THAT THEY CAN USE.  AND A GOOD EXAMPLE

                    OF THAT IS THE FREE APPS THAT SEE THAT YOU GET ON YOUR PHONE, THOSE

                    GAMES AND SOMETHING LIKE THAT.  SO, THOSE APPS, ALTHOUGH YOU THINK

                    THEY'RE FREE AND YOU GET TO PLAY THE GAME FOR FREE, IT'S -- ITS SPECIFIC

                    PURPOSE IS TO TRACK YOU, TO KNOW WHO YOU ARE, WHO YOUR CONTACTS ARE,

                    WHAT YOUR FRIENDS ARE, WHAT YOU'RE EATING.  THE AMOUNT OF TECHNOLOGY

                    AND THE DATA THAT IS BEING USED FOR COMMERCIAL PURPOSES IS -- IS REALLY

                    HIGH.

                                 I THINK THIS IS A GOOD BILL TO LOOK AT USING THE

                    BIOMETRIC IDENTIFYING TECHNOLOGY AND TO TRY TO MAKE SURE, AS MY

                    COLLEAGUE JUST MENTIONED, THAT WE'RE -- WE'RE NOT -- WE'RE NOT USING IT TO

                    TRACK OUR CHILDREN OR TO FIND OUT WHAT THEY'RE PLAYING WITH OR WHERE

                    THEY'RE GOING AFTER SCHOOL, OR WHAT TIME THEY'RE COMING INTO SCHOOL,

                    WHAT TIME THEY'RE LEAVING, WHAT CLOTHES THEY'RE WEARING, IF THEY'RE

                    WEARING ANYTHING WITH A NAME BRAND.  WHO KNOWS HOW FAR THIS

                    TECHNOLOGY IS GOING.  BUT, I AM CONCERNED AND I WILL BE VOTING IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. DENDEKKER

                    IN THE AFFIRMATIVE.

                                 MS. WALLACE TO EXPLAIN HER VOTE.

                                 MS. WALLACE:  THANK YOU VERY MUCH.  I WANT TO

                    THANK MY COLLEAGUES FOR SUPPORTING THIS LEGISLATION.  I WANT TO JUST RISE

                    TO CLARIFY, THIS IS NOT A BAN.  THIS IS A MORATORIUM ON THE ACQUISITION --

                    THE FURTHER ACQUISITION AND USE OF THE SOFTWARE PENDING AN OPPORTUNITY

                    FOR THE COMMISSIONER, AFTER DISCUSSING IT WITH STAKEHOLDERS, TO DEVELOP

                                         78



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    A UNIFIED STATE-WIDE POLICY, AND FOR THE LEGISLATURE TO HAVE THAT BENEFIT

                    OF THAT INFORMATION BEFORE THE MORATORIUM IS LIFTED SO THAT WE CAN

                    COME BACK AND SEE WHETHER WE WANT FURTHER INFORMATION ON IT.

                                 AND I ALSO WANT TO POINT OUT THAT, YOU KNOW, IT WAS

                    MENTIONED EARLIER ABOUT WE HAVE -- WE HAVE VIDEOS EVERYWHERE, BUT

                    THIS IS DIFFERENT.  THIS IS BIOMETRIC IDENTIFYING INFORMATION.  YOU

                    CANNOT CHANGE THE WAY YOUR FACE LOOKS IF THIS DATA IS COMPROMISED.

                    SO, IT'S REALLY IMPORTANT THAT WE ARE GET OUR ARMS AROUND IT BEFORE IT

                    ESCAPES US.  SO, I WANT TO THANK EVERYBODY FOR SPONSORING [SIC] IT AND I

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALLACE IN THE

                    AFFIRMATIVE.

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  THANK YOU.  JUST TO EXPLAIN MY VOTE.  I

                    WANT TO THANK THE SPONSOR FOR BEING ON TOP OF THIS INCREDIBLY CRUCIAL

                    ISSUE.  AND THE INTRUSION INTO OUR LIVES, ESPECIALLY THE LIVES OF OUR

                    CHILDREN, BETWEEN TESTING COMPANIES AND SOCIAL MEDIA, IT'S A LITTLE BIT

                    WHERE OUR LAWS HAVE NOT KEPT PACE WITH TECHNOLOGY AND WE REALLY NEED

                    TO PUT THE BRAKES ON.  AND I APPLAUD THE SPONSOR AND THANK THE

                    SPEAKER FOR MAKING CERTAIN THAT WE BRING THIS TO THE FLOOR.  I WITHDRAW

                    MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 I'M SORRY, MR. RA TO EXPLAIN HIS VOTE.

                                         79



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MY APOLOGIES.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  I'VE GOT TO BE

                    HONEST, I'M A LITTLE TORN ON THIS AND -- AND FOR THIS REASON:  I -- YOU

                    KNOW, I DON'T OBJECT TO SOMETHING LIKE BEING USED FOR SECURITY

                    PURPOSES, BUT MY LONGER TERM CONCERN IS THAT THE STATE EDUCATION

                    DEPARTMENT ACTUALLY PUTS FORTH SOME REGULATIONS TO ALLOW IT TO BE USED

                    IN DIFFERENT WAYS TRACKING STUDENTS.  MANY OF US WHO LOOK AT THIS MAY

                    BE AWARE THAT OVER THE YEARS, DIFFERENT ENTITIES HAVE COME INTO OUR

                    STATE, OFFERED GRANTS TO THE STATE EDUCATION DEPARTMENT TO DO ALL KINDS

                    OF DIFFERENT DATA COLLECTION AND I DON'T WANT, YOU KNOW, SOMETHING LIKE

                    THIS TO BECOME THE NEXT THING.  BUT I DO THINK ON BALANCE, YOU KNOW,

                    IT'S KIND OF A LOOK BEFORE WE LEAP TYPE THING, SO I AM GOING TO BE

                    SUPPORTING THE BILL BECAUSE I DO THINK THAT WE WANT -- IF DISTRICTS ARE

                    GOING TO USE SOMETHING LIKE THIS, WE DO WANT THERE TO BE SOME

                    REGULATION, BUT I THINK IT IS AN AREA THAT WE, AS A LEGISLATURE, CERTAINLY

                    SHOULD CONTINUE TO PAY ATTENTION TO.  SO, I -- I THANK THE SPONSOR FOR

                    PUTTING A MUCH-NEEDED CONVERSATION FORWARD IN THIS CHAMBER.  I CAST

                    MY VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. RA IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (CHEERING)

                                 QUIET PLEASE.  I KNOW, SORRY.

                                         80



                    NYS ASSEMBLY                                                      JUNE 20, 2019


                                 THE CLERK:  SENATE NO. S06160, RULES REPORT NO.

                    404, SENATOR BIAGGI (PAULIN, ZEBROWSKI, FAHY, GRIFFIN-- A07739).  AN

                    ACT TO AMEND THE PENAL LAW, IN RELATION TO LOCAL AND STATE LAW

                    ENFORCEMENT'S ACCESS TO RECORDS OF APPLICATIONS FOR LICENSES OF

                    FIREARMS.

                                 ACTING SPEAKER PICHARDO:  AN EXPLANATION

                    HAS BEEN REQUESTED, MS. PAULIN.

                                 MS. PAULIN:  THANK YOU.  THANK YOU SO MUCH.

                    THIS BILL REQUIRES THAT LOCAL AND STATE LAW ENFORCEMENT SHALL, UPON

                    REQUEST, BE GRANTED ACCESS TO AND COPIES OF APPLICATION INFORMATION FOR

                    FIREARMS LICENSES.

                                 ACTING SPEAKER PICHARDO:  MR. LALOR.

                                 MR. LALOR:  THANK YOU.  WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER PICHARDO:  MS. PAULIN, DO

                    YOU YIELD?

                                 MS. PAULIN:  I WOULD BE HAPPY TO.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. LALOR:  WOULD YOU DESCRIBE THIS PIECE OF

                    LEGISLATION AS AN EXTENSION OF THE 2013 SAFE ACT?

                                 MS. PAULIN:  NO.  I WOULD NOT DESCRIBE IT AS AN

                    EXTENSION, I WOULD DESCRIBE IT AS A CLARIFICATION.

                                 MR. LALOR:  UNDER THE ORIGINAL SAFE ACT, WOULD

                    LOCAL LAW ENFORCEMENT BE ABLE TO ACCESS THESE RECORDS?

                                 MS. PAULIN:  WE BELIEVE -- WELL, LET ME -- IT WAS

                                         81



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    VERY CLEAR IN THE ORIGINAL LEGISLATION THAT THERE WAS AN EXEMPTION MADE

                    FOR LOCAL LAW ENFORCEMENT; HOWEVER, THERE WOULD HAVE NEEDED TO BE A

                    STATEWIDE DATABASE CREATED SO THAT THEY COULD HAVE ACCESSED IT THROUGH

                    THE EJUSTICE SYSTEM, AND BECAUSE THAT STATEWIDE DATABASE WAS NOT

                    ESTABLISHED, THE E-DATABASE, THE EJUSTICE SYSTEM, DOESN'T CONTAIN THE

                    INFORMATION THAT LAW ENFORCEMENT WOULD HAVE ACCESS TO.  SO, THE ONLY

                    WAY THAT LAW ENFORCEMENT COULD GET ACCESS IS THROUGH THE CLERK'S

                    OFFICES AND BECAUSE THE CLERK'S BELIEVE -- SOME CLERK'S BELIEVE THAT --

                    THAT THE SAFE ACT PROHIBITS THEM FROM DOING SO BECAUSE OF THE

                    EXEMPTION OR THE -- THE ABILITY FOR AN INDIVIDUAL TO OPT OUT, WE NEEDED

                    TO MAKE A CLARIFICATION THAT THE INTENT OF THE ORIGINAL BILL WAS SO THAT

                    LOCAL LAW ENFORCEMENT WOULD HAVE ACCESS TO THOSE RECORDS.  IN CASES,

                    FOR EXAMPLE, IN DOMESTIC VIOLENCE CASES AND EMOTIONALLY DISTRAUGHT

                    INDIVIDUAL CASES, THOSE CASES HAPPEN AND THE LOCAL LAW ENFORCEMENT

                    NEED TO KNOW WHETHER THERE'S A FIREARMS PRESENT.

                                 MR. LALOR:  SO, LAW ENFORCE -- LOCAL LAW

                    ENFORCEMENT NEEDS THIS INFORMATION BECAUSE IF THEY'RE GOING TO DEAL

                    WITH A SITUATION AT A HOME, THEY WANT TO KNOW THAT THERE'S A LICENSED

                    HANDGUN OWNER OR A LICENSED FIREARM IN THE -- IN THE HOME?

                                 MS. PAULIN:  YES.  WE KNOW THAT IN DOMESTIC

                    VIOLENCE CASES, WHICH HAPPEN ON WEEKENDS OFTEN AND IN EVENINGS,

                    THERE'S NO ABILITY FOR SOMEONE, IF THEY DON'T GET THAT INFORMATION EARLIER

                    - WHICH THEY MIGHT NOT KNOW THEY NEED - FOR THEM TO HAVE THAT

                    INFORMATION GOING INTO THAT HOME.

                                 MR. LALOR:  AND IF THEY HAVE THAT INFORMATION,

                                         82



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WHAT ARE THEY GOING TO DO DIFFERENTLY THAN IF THEY DIDN'T HAVE THAT

                    INFORMATION?

                                 MS. PAULIN:  THEY WOULD BE ON GUARD.  I MEAN, YOU

                    KNOW, WE KNOW THAT IN DOMESTIC VIOLENCE, YOU KNOW, WHETHER OR NOT,

                    YOU KNOW, THAT'S NOT LIMITED TO SITUATIONS WHERE IT JUST HAPPENS THAT

                    THAT UNLICENSED GUN OWNERS ARE THE ONLY ONES THAT MIGHT THREATEN THEIR

                    SPOUSES AND, IN FACT, WHEN I WAS THE EXECUTIVE DIRECTOR OF A DOMESTIC

                    VIOLENCE AGENCY, ONE OF THE MOST SEVERE CASES WE HAD WHERE A WOMAN

                    WAS THREATENED WAS FROM A LICENSED GUN OWNER WHERE HE WOULD TAKE

                    HIS GUN OUT AND THREATEN HER REPEATEDLY.  AND SO, YOU KNOW, I

                    REMEMBER THAT VIVIDLY AND IF THERE WAS A POLICE OFFICER GOING IN THAT

                    SITUATION, THEY SHOULD KNOW THAT THERE'S A GUN PRESENT.

                                 MR. LALOR:  BUT COULDN'T THAT GIVE LAW

                    ENFORCEMENT A FALSE SENSE OF SECURITY BECAUSE THE LICENSED GUN OWNER,

                    WHO ABIDED BY THE LAW AND FILED THE PROPER PAPERWORK THAT YOU'RE NOW

                    ALLOWING ACCESS TO IS, BY DEFINITION, "LAW ABIDING", AND THE MORE

                    DANGEROUS SITUATION WOULD BE THAT PERSON WHO HAS AN UNREGISTERED

                    FIREARM OR AN ILLEGAL GUN.

                                 MS. PAULIN:  YOU CAN'T PROTECT ALL CASES, OBVIOUSLY,

                    BUT AT LEAST YOU CAN PROTECT SOME.  AND, YOU KNOW, THIS CAME OUT OF

                    LOCAL LAW ENFORCEMENTS WANTING THIS INFORMATION, BELIEVING THAT THIS

                    KEPT THEM SAFER.  THIS WAS A REQUEST FROM LOCAL LAW ENFORCEMENT.  SO,

                    IF THEY BELIEVE IT'S GOING TO MAKE THEM SAFER GOING INTO THESE

                    SITUATIONS, IT'S NOT ME TO JUDGE THEIR ASSESSMENT OF THEIR SAFETY.  IT'S

                    THEM TO JUDGE THEIR ASSESSMENT OF THEIR SAFETY, AND THEY FULLY SUPPORT IT

                                         83



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND THEY WANT TO SEE THIS LEGISLATION ENACTED.

                                 MR. LALOR:  LET ME CLARIFY.  CURRENTLY, LOCAL LAW

                    ENFORCEMENT COULD GET THIS INFORMATION FROM THE STATE POLICE, CORRECT?

                                 MS. PAULIN:  THEY COULD GET IT, BUT ONLY 9-5

                    MONDAY THROUGH FRIDAY.  SO, IF THIS INSTANCE TAKES PLACE, AS MOST

                    DOMESTIC VIOLENCE DOES, IN THE EVENING OR ON WEEKENDS, THEY WOULD

                    NOT BE ABLE TO GET THAT INFORMATION.

                                 MR. LALOR:  AND FOR LOCAL LAW ENFORCEMENT TO GET

                    THIS INFORMATION, DO THEY NEED A JUDICIAL SUBPOENA?

                                 MS. PAULIN:  NO.

                                 MR. LALOR:  DO THEY NEED A WARRANT?

                                 MS. PAULIN:  NO.

                                 MR. LALOR:  DO THEY NEED TO PROVE PROBABLE CAUSE

                    OF ANY KIND?

                                 MS. PAULIN:  NO.

                                 MR. LALOR:  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. LALOR:  RECENTLY, A PIECE OF LEGISLATION WAS

                    SIGNED THAT WHEN A DEPARTMENT OF MOTOR VEHICLES HAD A REQUEST FROM

                    FEDERAL LAW ENFORCEMENT FOR INFORMATION ABOUT SOMEBODY IN THE

                    COUNTRY ILLEGALLY, WHEN FEDERAL LAW ENFORCEMENT ASKED THAT

                    INFORMATION, TO GET IT THEY HAD TO HAVE A SUBPOENA OR THEY HAD TO HAVE

                    A WARRANT.  NOW, WE'RE SAYING AN AMERICAN CITIZEN, OR A LAWFUL CITIZEN,

                    A REGISTERED GUN OWNER WHO HAS FOLLOWED THE LAW, THEY DON'T HAVE THE

                                         84



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROTECTIONS OF A SUBPOENA.  THEY DON'T HAVE THE PROTECTIONS OF A

                    JUDICIAL WARRANT.  IT IS CLEAR THAT THE SAFE ACT WAS, AS WE KNOW,

                    PASSED IN THE MIDDLE OF THE NIGHT, IT WASN'T THOUGHT THROUGH.  THIS IS AN

                    EXPANSION OF THE SAFE ACT THAT WASN'T INCLUDED IN THE ORIGINAL BILL

                    AND FOR THOSE AND OTHER REASONS, I'M OPPOSED TO IT.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. MONTESANO.

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

                    THE SPONSOR YIELD, PLEASE?

                                 ACTING SPEAKER PICHARDO:  MS. PAULIN, DO

                    YOU YIELD?

                                 MS. PAULIN:  YES, I WOULD.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. MONTESANO:  MS. PAULIN, JUST TO FOLLOW UP.

                    YOU HAD MENTIONED BEFORE THAT THE INFORMATION IS AVAILABLE FOR THE

                    NEW YORK STATE POLICE ON THE REGULAR BUSINESS HOURS, 9-5.

                                 MS. PAULIN:  YES.

                                 MR. MONTESANO:  NOW, WHY CANNOT THE LOCAL

                    POLICE DEPARTMENTS HAVE ACCESS TO THE STATE POLICE DATABASE?

                                 MS. PAULIN:  IT'S NOT IN THE PORTAL THAT THEY HAVE IN

                    THEIR POLICE CARS; THAT'S THE PORTAL WHERE THEY ACCESS THE EJUSTICE

                    SYSTEM.  AND THE STATE POLICE DO NOT HAVE THIS INFORMATION IN THEIR

                    EJUSTICE SYSTEM.  THAT WILL BE DONE WHEN THERE'S A STATEWIDE DATABASE

                    CREATED, WHICH HAS NOT BEEN DONE YET.

                                 MR. MONTESANO:  OKAY, BECAUSE EVERY YEAR I

                                         85



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NOTICE IN THE BUDGET, THERE'S MONEY IN THERE FOR THE SAFE ACT FOR THE

                    STATE POLICE.  AND EVERY YEAR I ASK A QUESTION ABOUT WHAT IT'S FOR AND I

                    CAN NEVER GET A CONCRETE ANSWER OF WHAT IT'S FOR.  SO WHY ISN'T THE STATE

                    POLICE COMPLYING WITH THE -- THE LAWS THAT WE'VE PREVIOUSLY PASSED AND

                    CREATE THIS STATE DATABASE AND CONNECT IT INTO THE LOCAL LAW

                    ENFORCEMENT?

                                 MS. PAULIN:  IT WOULD BE OPTIMAL IF THEY WOULD

                    CREATE A STATEWIDE DATABASE, I JUST KNOW THAT THEY HAVE NOT YET.

                                 MR. MONTESANO:  OKAY, BECAUSE I KNOW IN MY

                    COUNTY, THE COUNTY POLICE DEPARTMENT, BECAUSE THE NASSAU COUNTY

                    POLICE DEPARTMENT ISSUES THE FIREARMS -- THE GUN PERMITS IN OUR

                    COUNTY, THE POLICE, WHEN THEY RESPOND TO ANY JOB TO THE HOUSE -- TO

                    SOMEONE'S HOUSE, THEY KNOW IN ADVANCE THEY'RE ARRIVING WITH, YOU

                    KNOW, WHO IS IN THE HOUSE, IF IT'S A LAW ENFORCEMENT, IF THERE'S A GUN

                    OWNER THERE, BECAUSE THEY HAVE ACCESS TO THE COUNTY'S DATABASE.  SO, IT

                    JUST SHOCKS ME THAT IN THE REST OF THIS STATE, OUR SHERIFF'S DEPARTMENT,

                    THE LOCAL POLICE DEPARTMENTS ARE NOT LINKED IN TO EITHER THE DATABASE

                    THAT THE COUNTY CLERK, THE ISSUING AUTHORITY, MAY HAVE, BECAUSE I KNOW

                    UP HERE THERE'S DIFFERENT ISSUING AUTHORITIES FOR GUN PERMITS, THAT

                    THEY'RE NOT LINKED TO THEM.

                                 BUT I SERIOUSLY THINK THIS IS AN ADMINISTRATIVE ISSUE TO

                    BE CLEARED UP WITH THE NEW YORK STATE POLICE AND THE LOCAL LAW

                    ENFORCEMENT, AND I DON'T THINK IT REQUIRES A PIECE OF LEGISLATION,

                    BECAUSE THE COUNTY CLERKS ARE CORRECT, IF PEOPLE OPTED OUT FOR FOIL

                    REQUESTS WHEN THEY WERE PERMITTED TO DO SO BY LAW, THEN IN ORDER TO

                                         86



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    GET AROUND IT, EITHER THE LAW ENFORCEMENT HAS TO PUT IN THEIR FOIL

                    REQUEST OR GET A SUBPOENA.

                                 MS. PAULIN:  SO, IN NASSAU AND IN SUFFOLK, YOU

                    HAVE A COUNTY-WIDE POLICE SYSTEM.  WE DO NOT HAVE THAT, FOR EXAMPLE,

                    IN WESTCHESTER AND IN MUCH OF THE REST OF THE COMMUNITIES OUTSIDE OR

                    NORTH OF NEW YORK CITY.  SO, IT'S NOT AS CONNECTED AS SIMPLY THE

                    NASSAU COUNTY POLICE GETTING ACCESS TO THE NASSAU COUNTY CLERK'S

                    INFORMATION.  THAT'S MUCH MORE COMPATIBLE.  HERE, THIS WAS A LOCAL --

                    SMALL LOCAL COMMUNITY IN THE COUNTY OF WESTCHESTER THAT APPROACHED

                    THE WESTCHESTER COUNTY CLERK AND THEY DID NOT BELIEVE THAT THE LAW

                    PERMITTED THEM, WITHOUT THIS CLARIFICATION, TO GIVE THE INFORMATION TO

                    THE LOCAL COMMUNITY.

                                 SO, THIS IS SIMPLY A CLARIFICATION UNTIL THERE'S A

                    STATEWIDE DATABASE.  AND IF YOU DON'T THINK THAT I TRIED VERY HARD TO GET

                    IT TO THEM ADMINISTRATIVELY, YOU WOULD BE WRONG.  I TRIED VERY HARD.

                                 MR. MONTESANO:  AND I DON'T DOUBT YOUR EFFORTS,

                    BELIEVE ME, BUT JUST LET ME FOLLOW UP WITH SOMETHING, BECAUSE IT JUST

                    PUZZLES ME.  LET'S ASSUME FOR THE MOMENT YOU HAVE THIS LAW PASSES, IT

                    GOES THROUGH AND THEY CAN HAVE THEIR ACCESS.  UNLESS I'M WRONG, THESE

                    LOCAL CLERKS ARE NOT IN THEIR OFFICES AFTER FIVE O'CLOCK AT NIGHT EITHER,

                    AND THEY'RE NOT THERE ON SATURDAY AND SUNDAY AND HOLIDAYS.  SO, IF THE

                    POLICE, THE LOCAL POLICE DEPARTMENT -- IN THIS CASE, THE SMALL POLICE

                    DEPARTMENT YOU MENTIONED, IS RESPONDING TO A DOMESTIC CALL AT THREE

                    O'CLOCK IN THE MORNING ON SATURDAY, HOW ARE THEY GETTING THIS

                    INFORMATION ANYWAY?  THE CLERK'S GOING TO GO TO HER OFFICE AND OPEN

                                         87



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    UP AND GIVE THEM WHAT THEY WANT?

                                 MS. PAULIN:  SO, THAT'S A GREAT QUESTION AND IT'S

                    EXACTLY THE REASON WE NEED THE BILL BECAUSE IF THEY WERE ASKING FOR AN

                    INDIVIDUAL'S INFORMATION DURING 9 TO 5 MONDAY THROUGH FRIDAY, THEY

                    COULD DO THAT NOW THROUGH THE STATE POLICE.  IF THEY WANT THE ENTIRE

                    VILLAGE OR TOWN'S INFORMATION IN ADVANCE SO THAT THEY COULD PREPARE TO

                    KNOW WHETHER OR NOT DURING AN EVENING OR WEEKEND OCCURRENCE OF

                    DOMESTIC VIOLENCE OR AN EMOTIONALLY DISTURBED PERSON IS THERE, THEN IF

                    THEY WANT IT IN ADVANCE, THEY HAVE TO GO TO THE COUNTY CLERK AND GET

                    THAT INFORMATION IN ADVANCE AND HAVE IT WITH THEM FOR THOSE TIMES

                    OUTSIDE OF THE MONDAY THROUGH FRIDAY 9 TO 5.

                                 MR. MONTESANO:  OKAY.  AND IF THIS WAS TO TAKE

                    PLACE, IF THE PERMIT STATUS CHANGES FOR AN OWNER, THE PERMIT IS

                    SURRENDERED, A PERSON DIES OR A NEW PERMIT IS ISSUED TO A NEW

                    APPLICANT, IS THIS INFORMATION GOING TO BE UPDATED TO THAT LOCAL LAW

                    ENFORCEMENT AGENCY?

                                 MS. PAULIN:  WELL, IRONICALLY THE -- WHEN THE

                    COUNTY CLERK IS DOING AN INVESTIGATION OF A NEW GUN OWNER, THEY ASK

                    THE LOCAL POLICE TO HELP WITH THAT INVESTIGATION.  SO, THE LOCAL POLICE

                    ACTUALLY KNOW OF THOSE PEOPLE WHO ARE ASKING FOR THE PERMIT IN THEIR --

                    UNDER THEIR JURISDICTION.  SO, THEY COULD KEEP THAT INFORMATION OR

                    PERIODICALLY THEY COULD SAY TO THE COUNTY CLERK, SEND ME WEEKLY ANY

                    NEW APPROVALS, SEND ME MONTHLY ANY NEW APPROVALS, AND UNDER THIS

                    LEGISLATION, THEN THE CLERKS WOULD BE OBLIGATED TO PROVIDE IT.

                                 MR. MONTESANO:  OKAY.  THANK YOU VERY MUCH.

                                         88



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01564, CALENDAR NO.

                    325, PEOPLES-STOKES, L. ROSENTHAL, GOTTFRIED, TITUS, PERRY, OTIS,

                    COLTON, GALEF, MOSLEY, HUNTER, THIELE, LUPARDO, DINOWITZ, CARROLL,

                    QUART, HYNDMAN, ORTIZ, STECK, ABINANTI, DE LA ROSA, SEAWRIGHT,

                    TAYLOR, JONES, PAULIN, STIRPE, ARROYO, GLICK, D'URSO, EPSTEIN, REYES,

                    SIMON, GRIFFIN.  AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION

                    LAW, IN RELATION TO ESTABLISHING A PERMANENT ENVIRONMENTAL JUSTICE

                    ADVISORY GROUP AND AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING

                    COUNCIL.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MRS.

                    PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  AN EXPLANATION IS REQUESTED.

                                 MR. ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  IT'S MY PRIVILEGE TO STAND IN

                                         89



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FOR MRS. PEOPLES-STOKES ON THIS MATTER.  THIS IS A BILL THAT WOULD

                    REQUIRE THAT THERE BE AN ADVISORY GROUP SET UP, A PERMANENT ADVISORY

                    GROUP SET UP, CALLED THE ENVIRONMENTAL JUSTICE ADVISORY GROUP, TO

                    GIVE ADVICE AND KEEP UP AND PAY ATTENTION TO THE ISSUES THAT RELATE TO

                    THE ENVIRONMENT.  AND THAT ADVICE WOULD BE GIVEN TO THE DEPARTMENT

                    OF ENVIRONMENTAL CONSERVATION ON BEHALF OF MOSTLY MINORITY AND

                    LOW-INCOME COMMUNITIES.

                                 ACTING SPEAKER AUBRY:  MR. DANIEL STEC.

                                 MR. STEC:  THANK YOU, MR. SPEAKER.  WOULD THE

                    CHAIRMAN YIELD, PLEASE?

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 MR. STEC:  THANK YOU, STEVE.  GOOD AFTERNOON.

                                 MR. ENGLEBRIGHT:  GOOD AFTERNOON.

                                 MR. STEC:  IT'S BEEN A WHILE SINCE WE DEBATED THIS

                    BILL, BUT I NOTED THAT THIS BILL'S BEEN AROUND BASICALLY SINCE 2003, AND

                    IT'S BEEN A COUPLE YEARS SINCE WE DEBATED IT.  CAN YOU REFRESH MY

                    MEMORY?  IT'S A 17-MEMBER PANEL AND -- COMPRISED OF -- WHO APPOINTS

                    WHO AND WHERE ARE THEY ALL FROM?  YOU KNOW, IS THERE GOING TO BE

                    GEOGRAPHIC DIVERSITY, IS THERE GOING TO BE A GOOD CROSS-SECTION OF NEW

                    YORKERS ON THIS PANEL, OR IS IT GOING TO BE ALL ACTIVISTS FROM ONE CORNER

                    OF THE STATE?

                                 MR. ENGLEBRIGHT:  THERE ARE, AS YOU RIGHTLY

                    INDICATE, 17 MEMBERS APPOINTED, FOUR BY THE TEMPORARY PRESIDENT OF

                    THE SENATE, FOUR MEMBERS BY THE SPEAKER OF THE ASSEMBLY, ONE

                    MEMBER BY THE MINORITY LEADER OF THE SENATE, ONE MEMBER BY THE

                                         90



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MINORITY LEADER OF THE ASSEMBLY; THE REMAINING SEVEN ARE

                    GUBERNATORIAL.

                                 MR. STEC:  ALL RIGHT.  AND AM I UNDERSTANDING -- AS

                    I NOTED, THE BILL HAS BEEN AROUND SINCE 2003, BUT THIS, IF I UNDERSTAND

                    CORRECTLY, WHAT SPUN THIS WAS A 1999 GRANT THAT DEC RECEIVED FROM THE

                    US EPA CONCERNING ENVIRONMENTAL JUSTICE PROGRAMS THAT KIND OF

                    LANGUISHED ON THE VINE, DIDN'T REALLY GAIN TRACTION, DIDN'T GO ANYWHERE,

                    SOMEBODY NOTICED AND DECIDED TO, YOU KNOW, HOLD FEET TO THE FIRE AND,

                    YOU KNOW, THEY TRIED TO FOLLOW THROUGH ON THE GRANT AND THE INTENT OF

                    THE GRANT FROM '99; IS THAT A FAIR ASSESSMENT?

                                 MR. ENGLEBRIGHT:  THAT'S A GENERAL SKELETON

                    OUTLINE, YES.  IN 1999, THE DEC RECEIVED A GRANT FROM THE EPA BECAUSE

                    THERE WAS A NEED.  THE NEED HASN'T GONE AWAY.  THESE ENVIRONMENTAL

                    JUSTICE COMMUNITIES ARE VERY MUCH IN NEED OF PARTICULAR ATTENTION TO

                    BRING RELIEF TO THE KINDS OF DISEASE AND AFFLICTIONS BROUGHT TO THEIR

                    POPULOUS BY THE CARELESS OR EVEN SOMETIMES PURPOSEFUL

                    MAL-APPLICATION OF POLICY IN TERMS OF LOCATING FACTORIES AND DUMP SITES

                    AND WASTE TRANSFER STATIONS INTO THESE COMMUNITIES, VICTIMIZING THE

                    QUALITY OF LIFE OF A COMMUNITY AND THE QUALITY OF HEALTH OF ITS CITIZENS.

                                 AND SO, THIS IS NOT A NEW NEED, AND YOU'RE QUITE RIGHT

                    TO POINT OUT THAT THIS HAS BEEN AROUND AWHILE.  IT'S REALLY A SCANDAL, IN

                    MY MIND, THAT IT HAS TAKEN 20 YEARS TO GET TO THIS MOMENT WHERE WE

                    CAN SET UP A GROUP THAT WILL HAVE A CROSS-SECTIONAL REPRESENTATION OF

                    THE STAKEHOLDERS WITHIN THESE COMMUNITIES TO ADVISE THE DEPARTMENT

                    THAT, QUITE FRANKLY, HAS LET THEM DOWN.

                                         91



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. STEC:  AND LOOKING AT PAST DEBATE THAT WE'VE

                    HAD ON THIS, IT SEEMS LIKE THE -- THE HISTORY OF THIS OR THE -- THAT THIS

                    GROUP WOULD BE EMPOWERED TO WORK WITH STATE AGENCIES AND,

                    SPECIFICALLY, THE DEC ON STATE-LEVEL ISSUES, OR IS THIS GOING TO

                    SOMEHOW BECOME SORT OF SUPER ZONING BOARD KIND OF LOOK OVER THE

                    SHOULDERS OF MUNICIPAL GOVERNMENT, SMALL GOVERNMENT, PRIVATE

                    PROJECTS, OR IS THIS REALLY A [SIC] INTERACTION AT THE STATE LEVEL?  AND

                    THEN THE FOLLOW-UP QUESTION I'D HAVE TO THAT, CHAIRMAN, IS, YOU KNOW, I

                    MEAN, ARE WE CREATING ANOTHER LAYER OF BUREAUCRACY, ANOTHER LAYER -- I

                    MEAN, DO WE -- YOU KNOW, DO WE NEED TO EMPOWER A PANEL TO MONITOR

                    AND POLICE DEC DOING ITS JOB?  I MEAN, SOME WOULD SAY THAT'S OUR JOB

                    OR THAT'S THE COURTS JOBS.  I MEAN, THERE'S OTHER VENUES TO HOLD DEC'S

                    FEET TO THE FIRE IF THEY'RE NOT DOING THINGS THE RIGHT WAY.  SO, I MEAN, I

                    WANT TO -- THE QUESTION IS REDUNDANCY, THE CONCERN I HAVE IS

                    REDUNDANCY.

                                 MR. ENGLEBRIGHT:  WELL, THE FIRST PART OF YOUR

                    QUESTION IS THIS IS EXCLUSIVELY FOR ADVISING THE STATE ENTITY.  IT'S NOT

                    MEANT TO SUPPLANT OR REPLACE LOCAL ZONING.  IT HAS NOTHING TO DO

                    DIRECTLY WITH LOCAL ZONING.  IT DOES HAVE TO DO WITH STATE PERMITS AND

                    THE GUIDANCE THAT THE STATE GIVES TO LOCAL GOVERNMENTS REGARDING THE

                    LOCATION OF SOMETIMES HARMFUL OR CONTROVERSIAL FACILITIES AND

                    INSTALLATIONS WITHIN THESE COMMUNITIES.  MATTERS THAT DEAL WITH THOSE

                    COMMUNITIES' ENVIRONMENT, BASICALLY.

                                 SECOND PART OF YOUR QUESTION WAS --

                                 MR. STEC:  A LAYER OR REDUNDANCY.  AREN'T THERE

                                         92



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PEOPLE AT DEC THAT DO THIS?  AREN'T THERE VENUES FOR CONCERNED

                    NEIGHBORHOOD GROUPS TO BRING ATTENTION TO A BAD PROJECT LOCALLY VIA THE

                    COURTS, VIA AN ARTICLE 78?

                                 MR. ENGLEBRIGHT:  THE BEST WAY FOR ME TO

                    ANSWER THAT WOULD BE TO GO TO THE RECORD FROM 2016 WHEN ON MAY 4TH,

                    PEOPLES-STOKES WAS ASKED A SIMILAR QUESTION AND I'D LIKE TO JUST READ

                    HER RESPONSE.  SHE SAID, "I SUGGEST TO YOU THAT IF THERE WAS" -- THIS IS A

                    QUOTE, "I SUGGEST TO YOU THAT THERE WAS -- IF THERE WAS DESIRE TO GET A

                    BETTER OUTCOME", RELATING TO THE DEPARTMENT, THIS IS, "THEY WOULD HAVE

                    ALREADY CREATED THEIR OWN.  THEY HAVEN'T.  SO SOMETIMES I THINK THESE

                    AGENCIES NEED DIRECTION AND I THINK WE NEED TO PROVIDE IT FOR THEM",

                    END QUOTE.

                                 MR. STEC:  IS -- DOES DEC HAVE AN OPINION ON THE

                    WISDOM OF ADDITIONAL LAYER OF OVERSIGHT?

                                 MR. ENGLEBRIGHT:  WE HAVE NOT HEARD FROM

                    THEM.  I'M SURE THEY HAVE AN OPINION, BUT WE HAVE NOT HEARD IT.

                                 MR. STEC:  OKAY.

                                 MR. ENGLEBRIGHT:  LOOK, THESE COMMUNITIES

                    HAVE A NEED.  THE QUESTION IS WHETHER THERE IS A NEW LAYER OF

                    GOVERNMENT BEING -- THIS IS AN ADVISORY GROUP.  NOBODY'S BEING PAID.

                    NOBODY'S BEING TAXED, NO TAX DOLLARS ARE BEING DEDICATED FOR THE

                    PURPOSE OF CREATING THIS NEW ADVISORY ENTITY.

                                 BACK TO YOUR POINT, IN 2003 THERE WAS A STUDY THAT HAD

                    - UNDER THE PATAKI ADMINISTRATION - HAD BEEN PUT INTO MOTION AND THE

                    REPORT RECOMMENDED THIS BE SET UP AS A PERMANENT ADVISORY GROUP.  SO

                                         93



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT'S WHAT WE'RE DOING FINALLY HERE TODAY.

                                 MR. STEC:  ALL RIGHT.  THANK YOU, CHAIRMAN.

                                 MR. ENGLEBRIGHT:  THANK YOU.

                                 MR. STEC:  ON THE BILL, PLEASE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. STEC:  ALL RIGHT.  WELL, AS ALWAYS, I CERTAINLY

                    APPRECIATE OUR EN CON CHAIR'S PASSION AND DEDICATION TO DOING ALL WE

                    CAN TO PROTECT OUR ENVIRONMENT, AND THE SPONSOR WHO COULDN'T BE WITH

                    US HERE TODAY, LIKEWISE.  AS I HAVE EXPRESSED IN THE PAST, I'M A LITTLE

                    CONCERNED WITH AN ADDED LAYER OF REDUNDANT GOVERNMENT, THE BUY-IN

                    FROM DEC, NOW THE FACT THAT THIS IS A 20-YEAR-OLD ISSUE AND, YET,

                    SOMEHOW WE'VE MANAGED TO MARCH ON WITHOUT THIS, I QUESTION THE

                    NEED FOR IT.  I ACKNOWLEDGE THAT THE -- THE ACTUAL FINANCIAL COST FOR

                    TRAVEL AND MEETINGS FOR THIS GROUP AND -- AND THE STAFF THAT THEY WOULD

                    NEED, WHILE NOT ZERO IS CERTAINLY NOT SIGNIFICANT.  BUT, AGAIN, I DON'T SEE

                    THE NEED FOR ESSENTIALLY ANOTHER BOARD THAT WILL SIT OVER TOP OF -- THAT'S

                    OUR JOB, THAT'S THE COURT'S JOB.  SO, THE ONUS EVENTUALLY HAS TO FALL ON

                    SOME OTHER PEOPLE BESIDES JUST CREATING A -- A PANEL TO LOOK DOWN THE,

                    YOU KNOW, OVER THE SHOULDER OF DEC.  THAT'S -- THAT'S WHAT THE

                    EXECUTIVE'S JOB IS AND THAT'S WHAT OUR JOB, FRANKLY, IS AS WELL.

                                 SO, WHILE I APPRECIATE THE WELL-MEANING INTENTION OF

                    WHAT WE'RE TRYING TO DO HERE AND SOME NEED FOR OVERSIGHT, I DON'T THINK

                    THAT CREATING ANOTHER PANEL TO DO THAT IS THE RIGHT THING.  I DON'T THINK

                    WE SHOULD PASS THE BUCK, WE SHOULD HOLD SOMEBODY ELSE'S FEET TO THE

                    FIRE AND I'LL BE VOTING AGAINST THIS BILL AGAIN.  THANK YOU.

                                         94



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S01128-A, RULES REPORT

                    NO. 334, SENATOR BENJAMIN (DINOWITZ, JAFFEE, BUCHWALD, OTIS,

                    JACOBSON, D'URSO--A02599-A).  AN ACT TO AMEND THE ELECTION LAW, IN

                    RELATION TO VOTER REGISTRATION FORM DISTRIBUTION AND ASSISTANCE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. DINOWITZ.

                                 MR. DINOWITZ:  THIS BILL WILL HELP US MAKE SURE

                    MORE PEOPLE ARE REGISTERED TO VOTE, ESPECIALLY YOUNG PEOPLE AT THE

                    STATE UNIVERSITY.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  IF I UNDERSTAND THIS

                    BILL CORRECTLY, IT DIRECTS SUNY AND CUNY TO BE VOTING REGISTRATION --

                    INVOLVED IN THE VOTING REGISTRATION PROGRAM; IS THAT CORRECT?

                                 MR. DINOWITZ:  I DIDN'T HEAR YOU ASK ME IF I WOULD

                    YIELD.

                                 MR. GOODELL:  I WAS HOPING THE SPEAKER WOULD

                    ANSWER THAT QUESTION, BUT IF NOT, IF THE SPONSOR WOULD YIELD?

                                         95



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. DINOWITZ:  I WOULD BE PLEASED AS PUNCH.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  WOULD YOU LIKE ME TO REPEAT THE

                    QUESTION?  THIS -- THIS MAKES SUNY AND CUNY SCHOOLS MANDATORY

                    VOTING REGISTRATION CENTERS; AM I -- AM I CORRECT ON THAT?

                                 MR. DINOWITZ:  YES.

                                 MR. GOODELL:  IT'S MY UNDERSTANDING THAT IN 2017,

                    GOVERNOR CUOMO ORDERED SUNY AND CUNY TO CONDUCT A FULL

                    INVESTIGATION OF THEIR VOTER REGISTRATION PRACTICES TO MAXIMIZE VOTING

                    REGISTRATION.  HAVE THEY DONE SO?  I WOULD ASSUME THEY COMPLIED WITH

                    THE GOVERNOR'S DIRECTIVE.

                                 MR. DINOWITZ:  WELL, YOU KNOW WHAT HAPPENS

                    WHEN YOU ASSUME.

                                 MR. GOODELL:  YES, INDEED; I'M VERY SENSITIVE TO

                    THAT SUBJECT, ESPECIALLY WHEN I ASSUME SOMETHING ABOUT OUR GOVERNOR.

                    SO, I WAS HOPING --

                                 MR. DINOWITZ:  LET'S BE NICE.

                                 MR. GOODELL:  SO I WAS -- SO I WAS HOPING YOU

                    COULD CLARIFY.  HAS SUNY AND CUNY COMPLIED WITH GOVERNOR

                    CUOMO'S DIRECTIVE IN 2017 TO EXAMINE THIS ISSUE?

                                 MR. DINOWITZ:  I DON'T KNOW IF I CAN ANSWER THAT

                    BECAUSE I DON'T KNOW IF I HAVE THAT INFORMATION.  WHAT I WILL TELL YOU IS

                    THAT THIS LEGISLATION WILL HELP US ENSURE THAT THE WORK IS DONE.

                    BECAUSE, AFTER ALL, WHAT WE WANT TO DO - AND I'M SURE YOU WOULD AGREE,

                    BECAUSE YOU REPRESENT A LOT OF PEOPLE, INCLUDING YOUNG PEOPLE - WE

                                         96



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WANT TO MAKE SURE THAT MANY PEOPLE AS POSSIBLE ARE REGISTERED TO VOTE.

                    AND IF THERE IS ONE GROUP THAT HAS A -- WHERE PEOPLE ARE LESS LIKELY TO

                    BE REGISTERED, IT'S PEOPLE WHO JUST BECAME ELIGIBLE TO VOTE.  SO, THAT'S

                    WHAT THIS BILL IS ALL ABOUT.  AND, OF COURSE, THEREFORE I WOULD URGE YOU

                    TO STAND WITH ME AND SUPPORT IT.

                                 MR. GOODELL:  ONE OF THE ASPECTS, THOUGH, THAT

                    MAKES COLLEGE CAMPUS REGISTRATION A LITTLE DIFFERENT THAN MOST OF OUR

                    OTHER REGISTRATION DRIVES IS THAT BY THE VERY NATURE, THE STUDENTS THEY

                    CATER TO, THEY ARE NOT FULL-TIME RESIDENTS IN THE COMMUNITY.  I MEAN,

                    THEY ARE THERE CERTAINLY WHILE THEY'RE GOING TO COLLEGE, THEY MAY OR

                    MAY NOT BE THERE DURING THE SUMMER, THEY MAY OR MAY NOT CONSIDER

                    THAT ADDRESS AS THEIR PERMANENT ADDRESS.  EVEN IF THEY LIST IT AS THEIR

                    PERMANENT ADDRESS, IT MAY NOT BE THAT SAME ADDRESS THE VERY NEXT YEAR

                    BECAUSE THEY MAY HAVE MOVED TO A DIFFERENT DORM OR A DIFFERENT

                    ADDRESS.  SO, THERE'S UNIQUE CHALLENGES AND ISSUES INVOLVING ON CAMPUS

                    REGISTRATION.  DOES THIS BILL ADDRESS ANY OF THOSE?

                                 MR. DINOWITZ:  WELL, I DON'T THINK THE CHALLENGES

                    ARE UNIQUE AT ALL.  FIRST OF ALL, WE'RE TALKING ABOUT BOTH SUNY AND

                    CUNY.  MOST CUNY STUDENTS LIVE WHERE THEY'RE REGISTERING.  MOST

                    CUNY --  MOST CITY UNIVERSITY STUDENTS.  WITH THE STATE UNIVERSITY,

                    PERHAPS IT MAY BE DIFFERENT.  THE STATE UNIVERSITY STUDENTS I WOULD

                    GUESS, BUT I CAN'T GIVE YOU ANY DATA TO BACK IT UP, THAT THE VAST MAJORITY

                    OF THE STUDENTS ACTUALLY REGISTER WHERE THEY -- WHERE THEIR FAMILIES LIVE.

                    I KNOW THAT IT STRIKES FEAR INTO THE HEARTS OF SOME PEOPLE THE IDEA THAT

                    YOUNG PEOPLE WOULD REGISTER IN SOME OF THE COMMUNITIES WHERE THE

                                         97



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    STATE UNIVERSITY SCHOOLS ARE, BUT THEY HAVE THE RIGHT TO DO THAT IF THAT'S

                    WHAT THEY CHOOSE.

                                 MR. GOODELL:  CERTAINLY.  CERTAINLY.  IS IT YOUR

                    VIEW THAT WE NEED THIS LEGISLATION BECAUSE GOVERNOR CUOMO'S ORDER IS

                    INSUFFICIENT TO GET THEM TO COMPLY?

                                 MR. DINOWITZ:  NO, THAT'S NOT MY VIEW AT ALL.  MY

                    VIEW IS THAT WE SHOULD DO EVERYTHING WE CAN IN EVERY WAY THAT WE CAN

                    TO ENCOURAGE VOTER REGISTRATION BECAUSE IN A STRONG DEMOCRACY, YOU

                    WANT TO HAVE AS A WIDESPREAD PARTICIPATION AS POSSIBLE, AND THIS IS ONE

                    OF THE WAYS THAT WE WOULD DO THAT, AS I'M SURE YOU WOULD AGREE.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    DINOWITZ.  I APPRECIATE YOUR COMMENTS.  THANK YOU VERY MUCH, MR.

                    SPEAKER, EVEN THOUGH YOU DIDN'T ANSWER MY FIRST QUESTION, BUT THANK

                    YOU ANYWAY.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  I'LL MAKE UP FOR IT.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 120 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.

                                 MR. RAMOS.

                                         98



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. RAMOS:  MR. SPEAKER, THERE WILL BE AN

                    IMMEDIATE WAYS AND MEANS MEET -- COMMITTEE MEETING IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  WAYS AND MEANS IN

                    THE SPEAKER'S CONFERENCE ROOM.  MS. WEINSTEIN IS PROCEEDING, PLEASE

                    FOLLOW HER.

                                 THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S04399, RULES REPORT NO.

                    487, SENATOR SAVINO (DINOWITZ, PEOPLES-STOKES, PAULIN, GOTTFRIED, L.

                    ROSENTHAL, ZEBROWSKI, CRESPO, WEPRIN, JAFFEE, GALEF, CAHILL, COLTON,

                    LIFTON, ABINANTI, HEVESI, COOK, STIRPE, STECK, LUPARDO, GUNTHER,

                    MOSLEY, ORTIZ, PERRY, SANTABARBARA, SIMOTAS, JEAN-PIERRE, M.G. MILLER,

                    ARROYO, JOYNER, FAHY, OTIS, HUNTER, BARRETT, SEAWRIGHT, LAVINE,

                    TAYLOR, RAIA, MONTESANO, SMITH, ENGLEBRIGHT, BUCHWALD, SIMON,

                    GRIFFIN, RA, JACOBSON, BARRON, D'URSO, STERN, REYES, DESTEFANO,

                    LIPETRI, LENTOL--A01966).  AN ACT TO AMEND THE PUBLIC SERVICES [SIC]

                    LAW, IN RELATION TO CREATING THE STATE OFFICE OF THE UTILITY CONSUMER

                    ADVOCATE.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. DINOWITZ.

                                 SHH, THANK YOU.

                                 MR. DINOWITZ:  THIS OFFICE [SIC] WOULD CREATE THE

                    STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  YES, MR. SPEAKER.  WILL THE

                                         99



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SPONSOR YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ, WILL

                    YOU YIELD?

                                 MR. DINOWITZ:  YES.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ YIELDS.

                                 MR. PALMESANO:  THANK YOU, MR. DINOWITZ.  I

                    HAVE SEVERAL QUESTIONS AND COMMENTS REGARDING THE LEGISLATION.  FIRST

                    OF ALL, HOW MUCH IS THIS GOING TO COST?

                                 MR. DINOWITZ:  IT'S GOING TO SAVE THE CONSUMERS OF

                    THE STATE, MANY OF WHOM YOU REPRESENT, BILLIONS OF DOLLARS.

                                 MR. PALMESANO:  WELL, I THINK WE'RE GOING TO

                    HAVE A DISAGREEMENT ON THAT, WHICH WE'LL GET TO.  SO YOU'RE SAYING THIS

                    DOESN'T COST ANY MONEY TO CREATE THIS POSITION?

                                 MR. DINOWITZ:  WELL, I DIDN'T SAY THAT.  IT'S GOING

                    TO COST A RELATIVELY SMALL AMOUNT OF MONEY FOR THE TAXPAYERS TO HAVE

                    THE OFFICE; I MEAN, THERE WILL BE PEOPLE WORKING THERE.  BUT BASED ON

                    THE EXPERIENCE IN OTHER STATES, MANY OTHER STATES, BECAUSE NEW YORK IS

                    ONE OF ONLY A HANDFUL OF STATES THAT DOES NOT HAVE SUCH AN OFFICE, EVERY

                    OTHER STATE PRACTICALLY HAS IT.  AND IN CALIFORNIA, THE EXPERIENCE HAS

                    BEEN THAT CONSUMERS HAVE SAVED ON THEIR BILLS, FOR EXAMPLE, BILLIONS OF

                    DOLLARS, BILLIONS OF DOLLARS.  AND I THINK - I'M LOOKING AROUND THE ROOM

                    AND I'M PRETTY SURE EVERY ONE OF US HAS UTILITY CONSUMERS IN OUR

                    DISTRICT.

                                 MR. PALMESANO:  YES, WE DO.  SO HOW IS THIS

                    GOING TO BE PAID FOR THEN, THE POSITION?  HOW MUCH IS IT GOING TO COST,

                                         100



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HOW MUCH -- WHO'S GOING TO PAY FOR IT?  HOW'S IT GOING TO BE PAID FOR

                    EXACTLY?

                                 MR. DINOWITZ:  IT'S GOING TO COME OUT OF THE STATE

                    TREASURY.

                                 MR. PALMESANO:  THE STATE TREASURY?

                                 MR. DINOWITZ:  WELL, YEAH --

                                 MR. PALMESANO:  OR IS IT GOING TO COME OUT OF AN

                    ASSESSMENT ON UTILITY BILLS AND TELEPHONE COMPANY BILLS?  BECAUSE I

                    THINK THE WAY I READ THE LANGUAGE IS IT'S COMING OUT OF --

                                 MR. DINOWITZ:  WELL, I'LL TELL YOU WHAT.  LET ME

                    CHECK THE BILL, WHICH I DON'T HAVE A COPY OF AT THE MOMENT.  YES.

                    BUDGET, STATE BUDGET.

                                 MR. PALMESANO:  STATE BUDGET.

                                 MR. DINOWITZ:  BUDGET.

                                 MR. PALMESANO:  OKAY.  THAT'S NOT THE WAY -- SO,

                    WE'RE -- IF IT'S COMING OUT OF THE STATE BUDGET, WE ALREADY PASSED THE

                    STATE BUDGET, RIGHT?

                                 MR. DINOWITZ:  I'M PRETTY SURE WE HAVE ANOTHER

                    ONE NEXT YEAR, THOUGH.

                                 MR. PALMESANO:  RIGHT, BUT THERE HAVE BEEN

                    TIMES WHEN WE'VE HAD BILLS IN COMMITTEE THAT HAVE COME UP AND WE

                    BRING THE ISSUE FORWARD AND A BILL IS NOT MOVED OR IT'S SET ASIDE BECAUSE

                    IT'S OUTSIDE THE BUDGET AND IT'S BEEN ISSUED, WE SHOULDN'T MOVE FORWARD

                    ON THE BILL, WE'LL HOLD THE BILL; ARE YOU AWARE OF THAT?

                                 MR. DINOWITZ:  WELL, THIS WON'T TAKE EFFECT UNTIL

                                         101



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NEXT YEAR'S BUDGET IS PASSED.  SO, IT'S NOT LIKE WE'RE PASSING SOMETHING

                    AND SPENDING MONEY NOW.  IT WOULD BE FOR, IN ESSENCE, FOR NEXT YEAR'S

                    BUDGET.  ONCE THE BUDGET IS PASSED IT WOULD TAKE EFFECT.

                                 MR. PALMESANO:  BUT THERE'S STILL A BUDGETARY

                    IMPACT.  SO, SHOULDN'T THAT BE DEALT WITH DURING BUDGET NEGOTIATIONS IF

                    THAT'S THE WAY YOU'RE APPROACHING THIS LEGISLATION, VERSUS JUST PUTTING

                    SOMETHING INTO THE BUDGET BECAUSE, AGAIN, YOU KNOW, WE HAD -- YOU

                    KNOW, IT'S NOT THE SAME ISSUE, BUT, YOU KNOW, THERE'S LEGISLATION THAT

                    WAS HELD IN COMMITTEE THAT WOULD HAVE PROVIDED GOLD STAR FAMILIES

                    WITH TUITION BENEFITS THAT WAS HELD IN COMMITTEE BECAUSE IT WAS SAID IT

                    WAS OUTSIDE OF THE BUDGET, IT SHOULDN'T BE TAKEN -- IT SHOULDN'T BE TAKEN

                    UP -- IT NEEDS TO BE TAKEN UP AS PART OF THE BUDGET.  YOU GUYS HELD THAT

                    BILL FOR GOLD STAR FAMILIES, BUT NOW YOU WANT TO ADVANCE THIS BILL THAT

                    SHOULD BE TAKEN UP IN THE BUDGET.  WHERE'S YOUR CONSISTENCY WITH THIS

                    ARGUMENT?

                                 MR. DINOWITZ:  WELL, FIRST OF ALL, I WAS NOT ONE OF

                    THOSE GUYS, BUT THAT'S IRRELEVANT, BECAUSE WHAT YOU BROUGHT UP IS

                    ACTUALLY NOT GERMANE TO WHAT WE ARE TALKING ABOUT HERE.  IN THIS CASE,

                    WE'RE TALKING ABOUT SOMETHING WHICH, NUMBER ONE, WON'T TAKE EFFECT

                    UNTIL THE NEXT BUDGET AND, NUMBER TWO, WILL INEVITABLY, UNDOUBTEDLY,

                    UNQUESTIONABLY SAVE CONSUMERS THROUGHOUT THE STATE IN EVERYBODY'S

                    DISTRICT A LOT OF MONEY BASED UPON THE EXPERIENCE THAT WE'VE HAD IN

                    VIRTUALLY EVERY OTHER STATE, INCLUDING SOME OF OUR NEIGHBORING STATES

                    SUCH AS CONNECTICUT.

                                 MR. PALMESANO:  WELL, AND I APOLOGIZE WHEN I

                                         102



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SAID "YOU GUYS".  WHAT I MEANT -- BASICALLY MEANT IS YOUR CONFERENCE

                    -- YOUR -- YOUR SIDE HELD A BILL ON THAT -- THAT'S ALL.  BUT THE ONLY REASON

                    IT'S GERMANE TO THE ARGUMENT IS BECAUSE WE'RE TALKING ABOUT THE BUDGET.

                                 MR. DINOWITZ:  BUT WHATEVER HAPPENED, IT'S

                    IRRELEVANT, IT'S SORT OF LIKE BEATING A DEAD HORSE --

                                 MR. PALMESANO:  ALL RIGHT.  FAIR ENOUGH.  FAIR

                    ENOUGH.

                                 MR. DINOWITZ:  -- BECAUSE THAT HORSE HAS DIED

                    ALREADY.

                                 MR. PALMESANO:  SO, AGAIN, YOU'RE SAYING THIS IS

                    FUNDED OUT OF THE STATE BUDGET AND YOU'RE SAYING IT'S NOT FUNDED

                    THROUGH AN ASSESSMENT ON UTILITY BILLS THROUGH THE 18A EXPANDED

                    ASSESSMENT.  BECAUSE THAT'S FROM -- FROM OUR READING, THAT'S WHERE

                    WE'RE FINDING IT -- IT'S COMING FROM THAT PERSPECTIVE.

                                 MR. DINOWITZ:  MY RECOLLECTION OF THE BILL IS THAT

                    IT IS A BUDGET ISSUE.

                                 MR. PALMESANO:  OKAY.  SO, WHO IS THIS UTILITY

                    ADVOCATE ACCOUNTABLE TO?  WHO DO THEY RESPOND TO?

                                 MR. DINOWITZ:  WELL, THE -- THE UTILITY ADVOCATE

                    WOULD BE APPOINTED BY THE GOVERNOR I BELIEVE FOR A SIX-YEAR TERM. I

                    BELIEVE IT'S CONFIRMED -- I HAVE TO CHECK, BUT I THINK HE OR SHE IS

                    CONFIRMED BY THE SENATE.  AND THE -- THE REASON FOR DOING IT THAT WAY IS

                    THEN THE PERSON WOULD BE INDEPENDENT, NOT SUBJECT TO ANY KIND OF

                    OUTSIDE PRESSURE, BECAUSE THE PROBLEM WE HAVE RIGHT NOW IS WE HAVE A

                    PUBLIC SERVICE COMMISSION - AND I'M NOT QUESTIONING SOME OF THE

                                         103



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THINGS THEY DO, ALTHOUGH I'M NOT NOT QUESTIONING IT, I'M JUST SAYING IT'S

                    NOT THE ISSUE HERE - BUT THE PUBLIC SERVICE COMMISSION DOES NOT

                    REPRESENT CONSUMERS.  WE WANT SOMEBODY WHO IS GOING TO ACTUALLY

                    REPRESENT THE CONSUMERS OF THE STATE OF NEW YORK, OUR CONSTITUENTS,

                    AND THAT'S WHAT THIS PERSON WOULD BE ABLE TO BE.  AND THAT PERSON WILL

                    BE ABLE TO WEIGH IN ON PROPOSED RATE HIKES.

                                 SO, FOR THOSE WHO COMPLAIN ABOUT LONG ISLAND BEING,

                    YOU KNOW, THE MOST EXPENSIVE PLACE FOR, YOU KNOW, ELECTRIC BILLS,

                    ALMOST ANYWHERE, OR PEOPLE COMPLAINING ABOUT CON ED BILLS OR OTHER

                    UTILITIES, WE WOULD HAVE SOMEBODY ON OUR SIDE WHO IS GOING TO WEIGH

                    IN.  AND, IN ADDITION, THAT PERSON CAN ALSO GET INVOLVED AND INTERVENE

                    IN LAWSUITS THAT ARE TAKING PLACE, BOTH ON THE STATE AND ON THE FEDERAL

                    LEVEL, FOR THAT MATTER, IN ORDER TO FIGHT FOR CONSUMERS, FIGHT FOR UTILITY

                    CONSUMERS IN ORDER TO TRY TO MAKE SURE WE HAVE THE LOWEST RATES

                    POSSIBLE FOR ALL OF OUR CONSTITUENTS.

                                 MR. PALMESANO:  WELL, I WANT TO TALK ABOUT SOME

                    OF THOSE -- YOU MENTIONED THE PUBLIC SERVICE COMMI -- COMMISSION.

                    BECAUSE RIGHT NOW, THE PUBLIC SERVICE COMMISSION, THE COUNSEL TO THE

                    -- UNDER PUBLIC SERVICE LAW, THE COUNSEL TO THE COMMISSION IS

                    EXPRESSLY CHARGED WITH REPRESENTING AND APPEARING FOR THE PEOPLE OF

                    THE STATE IN ALL ACTIONS RELATIVE TO THE RATES -- RATE CASES AND ALL.  THAT'S

                    THEIR TASK, THEIR CHARGE, TO ACT ON BEHALF OF THE PEOPLE.  SO, YOU'RE

                    SAYING THAT'S NOT HAPPENING?  BUT THAT'S ONE.  LET ME ASK YOU ANOTHER

                    ONE.

                                 MR. DINOWITZ:  DO YOU WANT ME TO ANSWER THAT

                                         104



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ONE, THOUGH?

                                 MR. PALMESANO:  YEAH, SURE; GO AHEAD.  PLEASE

                    DO.

                                 MR. DINOWITZ:  THIS PERSON, THE INDEPENDENT

                    PERSON WHO WOULD BE THE -- THE CONSUMER ADVOCATE FOR UTILITY

                    CONSUMERS, HIS OR HER SOLE JOB, THE ONLY JOB, WOULD BE TO REPRESENT

                    UTILITY CONSUMERS.  THEY WOULD NOT HAVE, SORT OF, I DON'T WANT TO SAY

                    THE WRONG THING, BUT LIKE SPLIT LOYALTIES.  THEIR FOCUS WOULD BE ON

                    UTILITY CONSUMERS, PERIOD.

                                 MR. PALMESANO:  WELL, I GUESS ALSO BEYOND THAT,

                    UNDER SECTION 94 OF THE EXECUTIVE LAW UNDER THE CONSUMER

                    PROTECTION DIVISION WITHIN THE DEPARTMENT OF STATE, WE HAVE A

                    DIVISION OF UTILITY INTERVENTION UNIT WHO IS TASKED TO INTERVENE IN OR

                    PARTICIPATE IN PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION WITH

                    RESPECT TO UTILITY RATE INCREASES.  SO, THAT'S ANOTHER AGENCY -- ANOTHER

                    STATE AGENCY THAT'S BEING FUNDED BY THE TAXPAYERS, BY RATEPAYERS; THAT'S

                    TWO, THE PUBLIC SERVICE COMMISSION AND NOW THE DEPARTMENT OF STATE,

                    CORRECT, THAT'S TASKED TO REPRESENT ON BEHALF OF RATE PAYING -- ON RATE

                    INCREASES AND BE A DIRECT INTERVENTION; THAT'S TWO RIGHT NOW THAT WE

                    HAVE THAT'S ALREADY FUNDED BY THE TAXPAYER.

                                 MR. DINOWITZ:  I DON'T THINK YOUR NUMBERS QUITE

                    ADD UP.  FIRST OF ALL, THE UCA WOULD BE AN INDEPENDENT OFFICE, AS I'VE

                    SAID.  IT WOULDN'T HAVE TO BALANCE INTERESTS OF UTILITIES AND WOULDN'T BE

                    SUBJECT TO INTERNAL POLITICAL PRESSURES.  BUT, IN ADDITION, THE UTILITY

                    CONSUMER ADVOCATE WOULD BE AUTHORIZED TO CHALLENGE RATE CASE ISSUES

                                         105



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IN COURT, WHICH IS NOT SOMETHING THE EXISTING UTILITY INTERVENTION UNIT

                    CAN DO.

                                 MR. PALMESANO:  THERE'S ANOTHER ONE IN THE

                    STATE, THE PUBLIC UTILITY LAW PROJECT IS A NON-PROFIT ADVOCATE THAT

                    RECEIVES STATE FUNDING AND ALSO INTERVENES IN MAJOR RATE CASES AND IS

                    AN ACTIVE PARTY ON BEHALF OF LOW-INCOME CONSUMER INTERESTS.  THAT'S A

                    THIRD PLACE, RIGHT?  NOW WE HAVE THE PUBLIC SERVICE COMMISSION,

                    DEPARTMENT OF --

                                 MR. DINOWITZ:  AND YOU KNOW WHAT?  THEY'RE

                    TERRIFIC, BUT THE PUBLIC UTILITY LAW PROJECT IS NOT SOMETHING WHICH IS

                    GUARANTEED TO CONTINUE EVERY YEAR.  THE REASON WHY IT'S ABLE TO DO

                    WHAT IT DOES, AS FAR AS I RECALL FROM THE BUDGET, IS BECAUSE THE

                    ASSEMBLY MAJORITY PUTS MONEY IN THE BUDGET TO HELP FUND THEM.  NO

                    ONE ELSE DOES THAT AS FAR AS I KNOW.  BUT THIS OFFICE, THE UTILITY

                    CONSUMER ADVOCATE'S OFFICE, WOULD BE THERE, IT WILL CONTINUE TO BE

                    THERE, IT'LL HAVE POWERS TO REPRESENT OUR -- OUR CONSTITUENTS AND BE ABLE

                    TO FIGHT FOR OUR CONSTITUENTS.  SO, IF WE CREATE THIS OFFICE, YOUR

                    CONSTITUENTS AND MINE WOULD BOTH -- WOULD ALL BENEFIT FROM THAT.

                                 MR. PALMESANO:  ALL RIGHT.  AND THE FOURTH STATE

                    AGENCY I WANT TO MENTION IS THE ATTORNEY -- ATTORNEY GENERAL HAS A

                    CONSUMER FRAUDS AND A PROTECTIONS BUREAU THAT'S THERE TO ADVOCATE ON

                    BEHALF OF PEOPLE OF THE STATE.  SO, THAT'S A FOURTH AGENCY.  I KNOW YOU

                    KEEP SAYING THIS IS GOING TO BE AN INDIVIDUAL, INDEPENDENT, BUT RIGHT

                    NOW IN OUR STATE, WE HAVE FOUR DIFFERENT DEPARTMENTS THAT ITS TASKS,

                    PAID FOR BY THE STATE TAXPAYER NOW, OR WITH STATE DOLLARS, FOUR DIFFERENT

                                         106



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PLACES THAT ARE DOING THAT, BUT NOW YOU WANT TO CREATE A FIFTH ONE THAT

                    YOU'RE GOING TO SAY IS JUST SPECIFICALLY ON BEHALF OF AN INDIVIDUAL.

                                 MR. DINOWITZ:  WELL, I WANT TO CREATE A FIRST ONE

                    BECAUSE THIS AGENCY WILL BE FIRST AND FOREMOST IN FIGHTING FOR OUR

                    CONSTITUENTS, AND I THINK THE ATTORNEY GENERAL'S OFFICE IS TERRIFIC, BUT

                    THE ATTORNEY GENERAL'S OFFICE HAS A LOT OF STUFF THAT THEY GOT TO DO

                    DEALING WITH ISSUES IN NEW YORK AND PERHAPS WASHINGTON, MANY

                    THINGS ON -- ON THAT OFFICE'S PLATE.  THIS OFFICE WOULD SOLELY BE FOCUSED

                    ON FIGHTING FOR THE STATE'S UTILITY CONSUMERS.

                                 MR. PALMESANO:  AND THEN THIS PERSON WOULD

                    HAVE BASICALLY UNFETTERED ACCESS AND ABILITY TO, AT ANY LEVEL OF

                    GOVERNMENT, ANY UTILITY, ANY RATE, ANY PROCEEDING WITH A STATE AGENCY,

                    THEY HAVE UNFETTERED ACCESS TO GO IN AND IMPACT AND CHALLENGE IN THOSE

                    CASES, CORRECT?

                                 MR. DINOWITZ:  WELL, I DON'T KNOW IF I LIKE USING

                    WORDS LIKE "UNFETTERED", BUT THEY WOULD HAVE -- YES, THEY WOULD BE

                    ABLE TO GO IN THERE, INTERVENE IN COURT CASES, SPEAK UP, SPEAK OUT AND,

                    IN GENERAL, WORK TO MAKE SURE THAT OUR CONSTITUENTS, THE UTILITY

                    CONSUMERS, ARE GETTING THE BEST POSSIBLE DEAL.

                                 MR. PALMESANO:  ALL RIGHT.  THANK YOU, MR.

                    DINOWITZ, FOR YOUR TIME.

                                 MR. SPEAKER, ON THE BILL.

                                 MR. DINOWITZ:  YOU'RE VERY WELCOME.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. PALMESANO:  YES, MR. SPEAKER, MY

                                         107



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    COLLEAGUES, I KIND OF FIND IT IRONIC THAT THIS LEGISLATION BY THE SPONSOR,

                    WHILE I THINK IT'S WELL-INTENTIONED, I THINK HIS HEART'S IN THE RIGHT PLACE,

                    ALTHOUGH I HAVE CONCERNS WITH IT, BECAUSE WE'RE TALKING ABOUT TRYING TO

                    BE AN ADVOCATE FOR THE CONSUMER AND OUR UTILITY BILLS, BUT THIS

                    LEGISLATION, AND I THINK THERE'S SOME DIFFERENCES BECAUSE THEY'RE SAYING

                    IT'S COMING OUT OF THE STATE BUDGET.  I'M SEEING THINGS FROM -- THAT'S IT'S

                    COMING THROUGH PUBLIC SERVICE COMMISSION THROUGH 18A

                    ASSESSMENTS.  EITHER WAY, IT'S COMING FROM THE RATEPAYER OR THE

                    TAXPAYER.  SOMETHING THAT WE'RE TRYING TO HELP, BUT STILL TAKING DOLLARS

                    OUT OF THE PEOPLE IN OUR DISTRICT.  SO, I THINK THAT'S A CONCERN THAT I

                    HAVE.

                                 AND I ALSO THINK THIS IS SOMETHING THAT'S MORE THAN

                    JUST DUPLICATIVE.  I JUST -- WE JUST DISCUSSED FOUR OTHER STATE AGENCIES OR

                    GROUPS THAT ADVOCATE ON BEHALF OF THE RATEPAYER.  THAT'S KIND OF

                    TROUBLING TO ME FOR SURE AND I THINK THE FACT WHEN WE HAD THE

                    DISCUSSION ABOUT WHETHER IT WAS GERMANE OR NOT, WELL, IF IT'S SOMETHING

                    COMING OUT OF THE STATE BUDGET, THAT'S NEXT YEAR.  IF WE'RE HOLDING

                    LEGISLATION, BECAUSE IN COMMITTEE IT'S SAYING IT SHOULD BE TAKEN OUT OF

                    A BUDGET, THEN WE SHOULD BE MORE CONSISTENT IN OUR ARGUMENT.  IF WE

                    DID IT FOR -- DID IT -- DID NOT PROVIDE BENEFITS FOR GOLD STAR FAMILIES, I

                    THINK THIS IS SOMETHING THAT WE COULD LOOK AT A LITTLE CLOSER AND WAIT TO

                    DEAL WITH FOR A BUDGET.  BUT, I GUESS THAT ISN'T HOW THE OTHER SIDE LOOKS

                    AT IT.

                                 SO, I GUESS MY -- MY COMMENTS ON THIS LEGISLATION, IF

                    YOU'RE TRULY INTERESTED IN HELPING THE RATEPAYER OR THE TAXPAYER,

                                         108



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THINKING THIS IS GOING TO HELP IT, WE CAN HELP THEM RIGHT NOW BY VOTING

                    AGAINST THIS LEGISLATION.  AND I'M -- AND I'M KIND OF ALSO AMAZED THAT

                    THEY'RE SAYING THIS IS GOING TO SAVE BILLIONS OF DOLLARS WHEN LAST NIGHT

                    WE PASSED LEGISLATION, FAR-REACHING LEGISLATION THAT'S GOING TO COST

                    MULTIPLE BILLIONS OF DOLLARS, TENS OF AND MORE BILLIONS OF DOLLARS A YEAR

                    ON INCREASED CONSUMER UTILITY BILLS.  THAT'S A FACT.  THIS ISN'T GOING TO

                    DO ANYTHING TO CHANGE THAT.

                                 BUT AT LEAST -- IF YOU WANT TO HELP SAVE THE RATEPAYERS

                    SOME MONEY, THEN LET'S VOTE AGAINST THIS BILL BECAUSE THIS ISN'T GOING TO

                    SAVE THEM ANY MONEY.  IT'S GOING TO COST THEM MONEY BECAUSE IT'S

                    TAKING MORE MONEY OUT OF THEIR POCKET WHEN WE ALREADY HAVE STATE

                    AGENCIES AND PROGRAMS THAT DO THIS AND DO THIS ADVOCACY.  WHY DO WE

                    GOT TO KEEP GOING BACK TO THE TAXPAYER AND CREATING ALL THESE THINGS?

                    THERE'S ALREADY THINGS DOING THIS.  THERE'S ALREADY AGENCIES DOING THIS.

                    IT'S MORE THAN DUPLICATIVE.  IT'S DUPLICATIVE TWICE, THREE, FOUR TIMES

                    OVER.  AND IT'S ONLY GOING TO COME OUT OF THE POCKET OF THE TAXPAYER

                    AND THE RATEPAYER.  IT'S THE WRONG IDEA.

                                 I THINK THE SPONSOR'S HEART IS IN THE RIGHT PLACE, I'M NOT

                    QUESTIONING THAT, I JUST THINK IT'S BAD POLICY FOR THE STATE.  I DON'T THINK

                    IT'S GOING TO ACHIEVE THE SAVINGS THAT THE SPONSOR YIELDS -- SAYS WILL

                    HAPPEN; IN FACT, I THINK IT'S GOING TO COST MORE TO CREATE THE POSITION.

                    IT'S GOING TO COME OUT OF THE RATEPAYER, OUT OF THE TAXPAYER WHEN WE

                    ALREADY HAVE EXISTING AGENCIES THAT HANDLE THIS IN OUR -- IN OUR STATE

                    GOVERNMENT THAT'S ALREADY FUNDED BY THE TAXPAYER.  I JUST THINK -- HOW

                    MANY TIMES DO WE HAVE TO GO TO THE TAXPAYER TO CREATE MORE

                                         109



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DUPLICATIVE THINGS AND POSITIONS THAT AREN'T NEEDED.

                                 SO, FOR THAT REASON I'M GOING TO VOTE TO PROTECT THE

                    TAXPAYER AND THE RATEPAYER RIGHT HERE RIGHT NOW BY NOT VOTING TO FUND A

                    POSITION THAT'S GOING INCREASE THOSE COSTS.  SO FOR THAT REASON, MR.

                    SPEAKER, AND MY COLLEAGUES, I'M GOING TO BE VOTING IN THE NEGATIVE AND

                    I WOULD URGE MY COLLEAGUES TO DO THE SAME.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  THANK YOU, SIR.

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR A QUESTION?

                                 ACTING SPEAKER PICHARDO:  SURE, NOT A

                    PROBLEM.  BEFORE WE DO THAT, PLEASE, CAN WE CLEAR THE AISLE, MEMBERS?

                    THANK YOU.

                                 MR. DINOWITZ:  YES.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. RAIA:  I AM A CO-SPONSOR OF THIS FINE PIECE OF

                    LEGISLATION, SO THANK YOU FOR THAT.  I DO HAVE SOME QUESTIONS AND SOME

                    CONCERNS THAT'S BEEN FLOATING AROUND FOR A WHILE I'M TRYING TO REFRESH

                    MY MEMORY.  AS I RECALL, ONE OF THE REASONS I SIGNED ONTO IT WAS WHEN

                    WE DID THE LIPA - LONG ISLAND POWER AUTHORITY - REORGANIZATION, I

                    DON'T KNOW HOW MANY YEARS AGO THAT WAS, 2012 OR '13, SOMETHING LIKE

                    THAT, THEY CREATED THE LONG ISLAND PUBLIC SERVICE COMMISSION WHICH

                    WAS BASICALLY A SHAM.  IT HAD NO ENFORCEMENT TEETH.  THEY'VE LISTENED

                    TO COMPLAINTS AND DO NOTHING ABOUT IT.  THIS WILL ACTUALLY HAVE TEETH,

                                         110



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CORRECT, SO WHEN SOMEONE FROM LONG ISLAND HAS A LEGITIMATE

                    COMPLAINT AGAINST LIPA, THEY CAN ACTUALLY DO SOMETHING ABOUT IT

                    INSTEAD OF ACTING LIKE THEY'RE DOING SOMETHING ABOUT IT, CORRECT?

                                 MR. DINOWITZ:  YES.

                                 MR. RAIA:  THANK YOU.

                                 MR. DINOWITZ:  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  READ THE LAST

                    SECTION.

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

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. SOLAGES TO EXPLAIN HER VOTE.

                                 MS. SOLAGES:  I JUST WANT TO COMMEND THE SPONSOR

                    OF THIS LEGISLATION, THE SPEAKER, AND CONGRATULATE YOU.  THIS IS A LONG

                    TIME OVERDUE.  I COULD TELL YOU PERSONALLY, BEING A LONG ISLANDER, I

                    HAVE SEEN PSE&G, THE WATER AUTHORITY, JUST TAKE ADVANTAGE OF THE

                    RATEPAYERS, AND WE NEED AN ADVOCATE.  AND SO, I TELL YOU, COLLEAGUES,

                    PLEASE SUPPORT THIS LEGISLATION.  VOTE IN THE AFFIRMATIVE, BECAUSE I'M

                    VOTING IN THE AFFIRMATIVE, BECAUSE IT'S REALLY A PROBLEM AND WE NEED TO

                    MAKE SURE THAT WE HAVE AN INDIVIDUAL WHO IS SEPARATE FROM THE PSC TO

                    ADVOCATE FOR OUR RATEPAYERS.

                                 ACTING SPEAKER PICHARDO:  MS. SOLAGES IN

                    THE AFFIRMATIVE.

                                 MR. LAVINE TO EXPLAIN HIS VOTE.

                                         111



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. LAVINE:  I WANT TO BE CERTAINLY CONSISTENT WITH

                    EVERYONE WHO IS SUPPORTING THIS, AND ESPECIALLY MY COLLEAGUES FROM

                    LONG ISLAND.  ANY NUMBER OF TIMES THE PUBLIC SERVICE COMMISSION,

                    WHICH IS AN ENTITY STRUCTURED FOR THE EXPRESS PURPOSE OF TRYING TO

                    PROTECT THE PUBLIC, ENTERTAINS APPLICATIONS AND THE PUBLIC IS ALMOST

                    COMPLETELY UNKNOWLEDGEABLE ABOUT DEPENDENCY OF THESE APPLICATIONS.

                    THIS PROVIDES FOR SOMEONE WHO WILL WATCH OUT FOR THE PUBLIC, AND THAT

                    IS A GOOD THING.  SO MANY, MANY THANKS TO THE SPONSOR AND THE SPEAKER

                    AND ALL WHO ARE VOTING IN SUPPORT OF THIS.  MY VOTE WILL BE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. LAVINE IN THE

                    AFFIRMATIVE.

                                 MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

                                 MR. ZEBROWSKI:  THE MOST RECENT UTILITY RATE

                    INCREASE PROPOSED IN ROCKLAND COUNTY IS CLOSE TO 20 PERCENT, OVER $10

                    A MONTH FOR CUSTOMERS FOR THEIR WATER BILLS, ABOUT $120 A YEAR.  THE

                    SYSTEM IS BROKEN.  I HOPE THIS IS A FIRST STEP IN TRYING TO FIX IT.  I THANK

                    THE SPONSOR AND I'LL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. ZEBROWSKI IN

                    THE AFFIRMATIVE.

                                 MR. MONTESANO TO EXPLAIN HIS VOTE.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.  I JUST

                    WANT TO JOIN IN WITH THIS.  IT'S SOMETHING I KNOW THERE'S BEEN CLAMORING

                    FOR ON LONG ISLAND ABOUT THIS.  IT'S ABOUT TIME THAT THE CONSUMERS HAVE

                    A SEAT AT THE TABLE WHEN ALL THESE UTILITIES GO IN BEFORE THE PUBLIC

                                         112



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SERVICE COMMISSION AND OTHER GOVERNMENTAL BOARDS MAKING

                    APPLICATIONS FOR IMPROVEMENTS, RATE INCREASES AND EVERYTHING ELSE THAT

                    THEY DO.  THE UTILITY COMPANIES HAVE ATTORNEYS THAT REPRESENT THEM,

                    ACTUARIES, ACCOUNTANTS.  THE OTHER PUBLIC INTEREST GROUPS HAVE PEOPLE

                    AT THE TABLE, EXCEPT FOR THE AVERAGE CONSUMER.  SO I THINK THIS IS VERY

                    NECESSARY TO PROTECT THE INTERESTS OF THE CONSUMERS, ALTHOUGH IT MAY

                    HAVE SOME COSTS INVOLVED WITH IT.  I THINK IT'S TIME THAT, YOU KNOW, THE

                    TAXPAYER AND THE CONSUMER OF THESE UTILITIES HAS A VOICE AT THE TABLE.

                    SO, I'M HAPPY TO SUPPORT THE BILL.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. MONTESANO

                    IN THE AFFIRMATIVE.

                                 MR. EPSTEIN TO EXPLAIN IS VOTE.

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

                    TO EXPLAIN MY VOTE.  I JUST WANT TO ECHO REAL SUPPORT FOR THIS BILL.  I

                    REALLY APPRECIATE THE SPONSOR'S WORK HERE.  WE'VE HEARD THIS TIME AND

                    TIME AGAIN FROM CONSUMERS AROUND THE UTILITY ISSUES AND INFORMATION

                    THEY DON'T UNDERSTAND, BEING PUSHED INTO RATE INCREASES THAT'S UNCLEAR,

                    AND REALLY TO HAVE SOMEONE TO EXPLAIN IT, HAVE THEM HAVE A SEAT AT THE

                    TABLE.  IT'S A HUGE STEP FORWARD.  I WANT THANK THE SPONSOR AGAIN AND I'LL

                    BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. EPSTEIN IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         113



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN THE MEMBERS OF THE

                    RULES COMMITTEE PLEASE MEET MR. GOTTFRIED IN THE -- IN THE SPEAKER'S

                    CONFERENCE ROOM?

                                 ACTING SPEAKER PICHARDO:  MEMBERS OF THE

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

                    RULES COMMITTEE, START MAKING YOUR WAY TO THE SPEAKER'S CONFERENCE

                    ROOM.

                                 MR. RAMOS.

                                 MR. RAMOS:  AT THIS TIME, MR. SPEAKER, I WOULD

                    LIKE TO CALL UP RULES REPORT NO. 603, PAGE 33, BY MR. HEVESI.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL --

                    THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07815-B, RULES

                    REPORT NO. 603, HEVESI, JAFFEE, EPSTEIN, AUBRY, LIFTON, REYES, ROZIC,

                    ORTIZ, WILLIAMS, CRUZ, RAMOS, RIVERA, WALKER, NIOU, WEPRIN, CRESPO,

                    SIMON, DE LA ROSA, PRETLOW, MOSLEY, ARROYO, COLTON, GOTTFRIED,

                    SIMOTAS, FRONTUS, DICKENS, BARRON, BLAKE, JEAN-PIERRE, FAHY, SAYEGH,

                    L. ROSENTHAL, FERNANDEZ, GLICK, PICHARDO.  AN ACT TO AMEND THE SOCIAL

                    SERVICES LAW, THE EXECUTIVE LAW, AND THE PUBLIC HEALTH LAW, IN

                    RELATION TO PROVIDING FOR SUPPORTS AND SERVICES FOR UNACCOMPANIED

                    MINORS WITH NO LAWFUL IMMIGRATION STATUS.

                                 ACTING SPEAKER PICHARDO:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, SIR.

                                 ON THE BILL.

                                         114



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. GOODELL:  THIS BILL IS INTENDED TO PROVIDE

                    UNACCOMPANIED, UNDOCUMENTED MINORS WITH VARIOUS SERVICES AT THE

                    EXPENSE OF NEW YORK STATE.  SOME OF THESE SERVICES I THINK ARE VERY

                    VALUABLE AND ARE APPROPRIATE, INCLUDING ELIGIBILITY FOR CHILD HEALTH

                    PLUS, CERTAINLY TRAUMA COUNSELING AND TRAUMA SERVICES AND GENERAL

                    SUPPORTIVE SERVICES THAT THIS BILL WOULD PROVIDE.  AND I THINK THAT'S

                    IMPORTANT BECAUSE THESE ARE YOUNG ADULTS TYPICALLY UNDER THE AGE OF

                    18.  BY DEFINITION, THEY'RE MINORS, THEY'RE UNDER THE AGE OF 18; THAT'S A

                    CHALLENGING TIME FOR ANY KIDS, CERTAINLY WAS FOR MINE AND THEY WERE,

                    YOU KNOW, NOT TRAVELING WITHOUT ME AND THEY HAD A STABLE HOME.  SO, I

                    AM VERY SUPPORTIVE OF MY COLLEAGUE'S EFFORTS TO PROVIDE THOSE SERVICES.

                                 THERE ARE A COUPLE OF ISSUES THAT MAY BE OF CONCERN TO

                    SOME OF MY COLLEAGUES BECAUSE THIS BILL WOULD ALSO MAKE THEM

                    ELIGIBLE FOR NEW YORK STATE TAXPAYER FUNDED FEDERAL IMMIGRATION

                    PROCEEDINGS LEGAL REPRESENTATION, INCLUDING APPEALS AND EMPLOYMENT

                    ASSISTANCE.  AND BOTH OF THOSE AREAS ARE A LITTLE BIT PROBLEMATIC BECAUSE

                    WHILE WE EXPECT OUR RESIDENTS AND OUR TAXPAYERS TO CONTRIBUTE TO THE

                    PUBLIC DEFENDER ENSURING THAT NEW YORK RESIDENTS HAVE LEGAL

                    REPRESENTATION IN STATE COURT, WE DON'T NORMALLY ASK NEW YORK STATE

                    RESIDENTS TO PAY FOR LEGAL REPRESENTATION IN FEDERAL PROCEEDINGS,

                    INCLUDING APPEALS IN FEDERAL PROCEEDINGS, ON DEPORTATION CASES.

                                 THE SECOND CONCERN IS THAT UNDER FEDERAL LAW,

                    CERTAINLY AS IT EXISTS NOW, THOSE WITHOUT DOCUMENTATION ARE NOT ELIGIBLE

                    FOR EMPLOYMENT.  SO, IT SEEMS A LITTLE BIT UNUSUAL THAT WE WOULD ASK

                                         115



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE TAXPAYERS TO PAY FOR EMPLOYMENT ASSISTANCE IF THEY'RE NOT ELIGIBLE

                    FOR EMPLOYMENT.  SO, IT'S ONE OF THOSE BILLS THAT WE SOMETIMES CONSIDER

                    THAT HAS A LOT OF GREAT POINTS, CERTAINLY ON THE CHILD TRAUMA ISSUES, CHILD

                    CARE ISSUES, THE SUPPORTIVE SERVICES, ALL VERY POSITIVE, WITH CONCERNS ON

                    PROVIDING TAXPAYER-FUNDED ASSISTANCE FOR LEGAL DEFENSE AND

                    IMMIGRATION PROCEEDINGS AND EMPLOYMENT ASSISTANCE, FOR WHAT -- FOR

                    WHICH THEY'RE NOT LEGALLY AUTHORIZED.  THANK YOU VERY MUCH, SIR.

                                 ACTING SPEAKER PICHARDO:  THANK YOU, MR.

                    GOODELL.

                                 MR. HEVESI.

                                 MR. HEVESI:  THANK YOU, MR. SPEAKER.  FOR THE LAST

                    FOUR MONTHS, I'VE BEEN LOOKING INTO THE MIRROR IN THE BATHROOM AND

                    GIVING A REALLY GREAT SPEECH THAT I AM NOT GOING TO GIVE TO ALL OF YOU

                    TODAY --

                                 (LAUGHTER)

                                 YOU'RE WELCOME.

                                 IT'S A COMPLICATED BILL AND IT'S -- COULD GET REALLY

                    PARTISAN REALLY FAST, SO I'M GOING TO SKIP THAT PART.  AND I APPRECIATE MY

                    COLLEAGUE TALKING ABOUT SOME OF THE MERITS OF THE BILL, BUT I'M GOING TO

                    SKIP THAT, TOO.  BUT I'M GOING TO USE THIS AS A MOMENT TO TALK ABOUT

                    WHAT THIS BILL IS ABOUT, WHICH IS TRAUMA.  THAT'S WHAT THIS BILL IS ABOUT,

                    IT'S ABOUT CHILDHOOD TRAUMA.  I'M GOING TO TAKE THREE MINUTES OF YOUR

                    LIVES TO EXPLAIN MY UNDERSTANDING OF TRAUMA AS A DOCTOR EXPLAINED IT TO

                    ME.

                                 SO, I WOULD ASK EVERYBODY LISTENING TO ME WITHIN THE

                                         116



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SOUND OF MY VOICE TO IMAGINE YOURSELF, YOU'RE WALKING THROUGH THE

                    WOODS, GREAT DAY, YOU TURN AROUND A CORNER, GO PAST A TREE AND THERE'S A

                    BEAR.  RIGHT IN FRONT OF YOU.  SCARY, DROOLING, BLOOD, READY TO GO; HE'S

                    TEN FEET AWAY.  NOW STOP.  IMAGINE YOUR REACTION.  BEFORE YOU THINK,

                    YOUR BODY REACTS.  BANG, JUST LIKE THAT.  YOUR BODY STARTS TO PRODUCE

                    STRESS HORMONES.  AMONG THOSE STRESS HORMONES, ADRENALINE, CORTISOL

                    AND NOREPINEPHRINE.  THERE'S A REASON WHY I'M GOING THROUGH THIS SO

                    WE ALL UNDERSTAND WHAT CHILDHOOD TRAUMA IS ABOUT.

                                 ONCE THOSE STRESS HORMONES START TO KICK IN, YOUR

                    BODY IS READY, YOU'RE IN FIGHT OR FLIGHT MODE.  YOU NEED TO RUN, YOU GOT

                    THE ADRENALINE TO DO IT.  YOU NEED TO FIGHT, OKAY, YOU HAVE THE

                    ADRENALINE TO DO IT.  ONE OF THOSE STRESS HORMONES, ACTUALLY, THE BODY IS

                    SO AMAZING, STARTS TO PRODUCE WHAT YOU NEED TO CLOT THE BLOOD JUST IN

                    CASE YOU HAVE A FIGHT WITH THAT BEAR; AMAZING STUFF.  NOW, FOR THE

                    AVERAGE KID, IF YOU HAVE A TRAUMATIC EXPERIENCE AND YOUR STRESS

                    HORMONES KICK INTO GEAR, OKAY, YOU GO BACK TO A NORMAL BASELINE

                    WHICH MEANS YOU BUILD RESILIENCE OFF THAT TRAUMATIC EXPERIENCE.

                                 THAT'S NOT WHAT I'M TALKING ABOUT WHEN I TALK ABOUT

                    TRAUMA.  WHEN I TALK ABOUT TRAUMA, IMAGINE THAT THAT BEAR IS YOUR

                    FATHER AND HE COMES HOME EVERY NIGHT TO BEAT YOUR MOM AND YOUR

                    LITTLE BROTHER.  SO, THE TRAUMA THAT YOU'RE EXPERIENCING IS CONSTANT AND

                    REPEATED, AND YOUR BODY'S REACTION, THE CONSTANT DEVELOPMENT OF THOSE

                    STRESS HORMONES BECOMES TOXIC TO THE PHYSICAL STRUCTURE OF YOUR

                    GROWING BODY AS A KID.  OKAY?  SO, I'M NOT TALKING ABOUT ONE INSTANCE

                    WHERE YOU GET MORE RESILIENT, I'M TALKING ABOUT REPEATED, REPEATED

                                         117



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EXPOSURE TO TRAUMA.  THOSE ARE CALLED ADVERSE CHILDHOOD EXPERIENCES.

                                 WHAT ARE WE TALKING ABOUT WITH THOSE?  BEING

                    SEPARATED FROM YOUR FAMILY LIKE THE KIDS AT THE BORDER; SEXUAL ABUSE;

                    PHYSICAL ABUSE; HAVING A PARENT WHOSE GOT A SUBSTANCE ABUSE PROBLEM;

                    HAVING A PARENT WHOSE GOT A -- A MENTAL ILLNESS.  THESE ARE THE THINGS

                    THAT TRIGGER YOUR FIGHT OR FLIGHT RESPONSE.  AND LET ME TELL YOU JUST

                    BRIEFLY WHAT THAT DOES TO YOUR BODY FOR A DEVELOPING KID.

                                 THE STRUCTURE OF KIDS' BRAINS WHO ARE REPEATEDLY

                    EXPOSED TO THOSE STRESS HORMONES, THE TOXIC STRESS, THE BRAIN DOESN'T

                    DEVELOP PROPERLY.  SO, THIS IS NOT INTELLIGENCE - IT DOESN'T TOUCH THE

                    INTELLIGENCE PORTION OF YOUR BRAIN.  THE PREFRONTAL CORTEX, OKAY, AND

                    I'M NOT GOING TO GET TOO DEEP IN THE WEEDS GUYS, I'M NOT A SCIENTIST, JUST

                    AN ASSEMBLYMEMBER, BUT THE PREFRONTAL CORTEX IS THE CONTROL SYSTEM OF

                    YOUR BRAIN.  IT'S RESPONSIBLE FOR YOUR ATTENTION, YOUR WORKING MEMORY -

                    LET ME MAKE SURE I GET THEM RIGHT - YOUR PLANNING, YOUR EMOTIONAL

                    REGULATION.  THAT PART OF YOUR BRAIN DOESN'T DEVELOP PROPERLY.  AND

                    ALSO, IN ADDITION, THE EXPOSURE TO THOSE STRESS HORMONES ALSO AFFECTS

                    YOUR BODY.

                                 SO, WHAT HAPPENS TO THESE KIDS WHO'VE HAD TRAUMATIC

                    EXPERIENCES.  BY THE WAY, IF YOU HAVE REPEATED TRAUMA, IT DOESN'T MEAN

                    IT'S DETERMINED THAT YOU'RE GOING TO HAVE THESE PROBLEMS, BUT YOU'RE

                    EXPONENTIALLY MORE LIKELY.  SO, FOR THESE KIDS, INCLUDING THE KIDS AT THE

                    BORDER, INTERNAL PROBLEMS:  ANXIETY, DEPRESSION.  EXTERNAL PROBLEMS:

                    CONDUCT DISORDER, TROUBLE CONTROLLING YOUR IMPULSES.  EXPONENTIALLY

                    MORE LIKELY THAT YOU'RE GOING TO CUT YOURSELF IN SELF-HARM.  HIGHER RATES

                                         118



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OF SUICIDE.  THEN YOU GO IN -- SUBSTANCE ABUSE -- HIGHER RATES OF

                    SUBSTANCE ABUSE.  THEN YOU GO TO THE PHYSICAL MANIFESTATIONS.  WHAT

                    HAPPENS TO THESE KIDS?  OBESITY.  CARDIAC DISEASE.  HEART DISEASE.

                    AUTOIMMUNE DISEASE.  EVERYTHING THAT YOU DON'T WANT TO HAPPEN TO

                    THESE KIDS HAS BECOME EXPONENTIALLY MORE LIKELY.

                                 SO WHAT ARE WE GOING TO DO, BECAUSE NOW WE KNOW

                    THAT THOUSANDS OF KIDS HAVE COME INTO NEW YORK STATE, THEIR FAMILIES

                    AND THEMSELVES HAVE BEEN TRAUMATIZED INTENTIONALLY BY THE FEDERAL

                    GOVERNMENT, WE'RE GOING TO REACT AND PROVIDE THEM TRAUMA INFORMED

                    CARE TO MAKE SURE THAT THOSE KIDS HAVE THE BEST OUTCOMES THAT THEY

                    COULD POSSIBLY GET AT LIFE, WHICH DOES A COUPLE OF THINGS, AND HERE'S

                    WHERE I'LL END:  YOU'RE GOING TO MAKE SURE THAT THAT TRAUMA DOES NOT

                    DETERMINE THE FATE OF THESE KIDS' LIVES, YOU'RE GOING TO HELP YOUR

                    COMMUNITIES AND YOU'RE GOING TO HELP YOUR TAXPAYERS, BECAUSE THESE

                    KIDS ARE MORE EXPONENTIALLY MORE LIKELY TO HAVE TROUBLE IN SCHOOL,

                    THEY'RE MORE LIKELY TO WIND UP IN EMERGENCY ROOMS, MAYBE

                    INCARCERATION AND OTHER SOCIETAL PROBLEMS THAT COST US ALL MONEY.

                                 SO, AS A RESULT, I PROPOSE THIS BILL AS A WAY NOT ONLY TO

                    HELP THESE KIDS, BUT ALSO FOR ALL OF US TO UNDERSTAND TRAUMA.  I BELIEVE

                    THAT GENERATIONAL TRAUMA IS A LEADING CAUSE OF SOME OF THE THINGS WE

                    TACKLE HERE ALL THE TIME:  HIGHER COSTS IN HEALTH CARE, HIGHER COSTS IN

                    EDUCATION, HIGHER COSTS IN CORRECTIONS, AND A MYRIAD OF SOCIETAL

                    PROBLEMS.  THIS IS HOW YOU'RE SUPPOSED TO DEAL WITH IT, AND I THANK YOU

                    ALL FOR TAKING THE OPPORTUNITY TO LET ME EXPLAIN MY VOTE ON THIS.  I'M

                    VOTING IN THE AFFIRMATIVE.  THANK YOU.

                                         119



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 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.)

                                 MS. JAFFEE TO EXPLAIN HER VOTE.

                                 MS. JAFFEE:  YES, THANK YOU.  YOU KNOW, TODAY WE

                    -- WE ARE GATHERED.  THERE ARE SO MANY OF OUR YOUTH THAT -- THAT REALLY

                    ARE FACING SUCH SIGNIFICANT ISSUES AND -- AND THEY -- THEY TRULY NEED THE

                    KIND OF SUPPORT THAT IS ABSOLUTELY ESSENTIAL.  SO MANY OF THEM ARE

                    TRAUMATIZED BY FAMILY SEPARATION AND OTHER ADVERSE CHILDHOOD

                    EXPERIENCES.  AND ACCORDING TO THE AMERICAN ACADEMY OF PEDIATRICS,

                    HIGHLY -- VERY HIGHLY STRESSFUL EXPERIENCES LIKE FAMILY SEPARATION CAN

                    CAUSE IRREPARABLE HARM, DISRUPTING A CHILD'S BRAIN ARCHITECTURE, AND

                    PROLONGED EXPOSURE TO SERIOUS STRESS AND -- CAN CARRY A LIFELONG

                    CONSEQUENCES FOR THESE CHILDREN.  AND TOO OFTEN AND TOO MANY OF THE

                    NUMBER OF THE CHILDREN NOW ARE BEING TRAUMATIZED BY FAMILY

                    SEPARATION AND SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES, AND THAT

                    CONTINUES TO GROW.

                                 AND SO, WE NEED TO MOVE FORWARD.  WE NEED TO

                    SUPPORT THIS AND WE NEED TO ASSURE THAT WE CAN TAKE ON THIS MORAL

                    RESPONSIBILITY TO BE AN EXAMPLE THAT WE -- WE DO THE RIGHT THING FOR

                    THESE CHILDREN ELIGIBLE FOR THE RANGE OF APPROPRIATE SERVICES.  SO, I AM

                    VOTING IN THE POSITIVE BECAUSE IT IS SO ESSENTIAL TO PROVIDE SUPPORT FOR

                                         120



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    -- FOR THE YOUTH.  THANK YOU VERY MUCH.

                                 ACTING SPEAKER PICHARDO:  MS. JAFFEE IN THE

                    AFFIRMATIVE.

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  I WANT TO THANK THE SPONSOR FOR DEALING WITH THIS

                    IMPORTANT ISSUE.  LAST OCTOBER, WE HAD ROUND TABLE THAT WAS ORGANIZED

                    BY ASSEMBLYWOMAN JAFFEE AND ASSEMBLYMEMBER HEVESI, AND WE

                    WERE ABLE TO IDENTIFY WHAT WAS GOING ON.  WE SAW THAT CHILDREN WHO

                    WERE BEING SEPARATED, CHILDREN WHO WERE UNACCOMPANIED INTO THE

                    UNITED STATES WERE BEING SEPARATED BY [SIC] THEIR PARENTS BY CHOICE OR

                    BY OUR GOVERNMENT REALLY HAD ONGOING PROBLEMS.  AND THE TRAUMA THAT

                    MR. HEVESI SPOKE ABOUT IS WHAT WE'RE TALKING ABOUT.

                                 AND HOW DO YOU HELP THEM?  FIRST, WE NEED TO MAKE

                    SURE THEY HAVE AN ADVOCATE AVAILABLE WHO CAN UNDERSTAND WHAT THEY'RE

                    GOING THROUGH AND PROVIDE THOSE SERVICES.  THEY NEED LAWYERS, THEY

                    NEED ONGOING SUPPORT TO MAKE SURE THEY HAVE EDUCATIONAL SUPPORT.

                    THAT'S EXACTLY WHAT THIS BILL DOES.  IT SAYS FROM WHEN YOU'RE HERE, WHEN

                    YOU'RE IN OUR STATE, WE WILL MAKE SURE WE'RE TAKING CARE OF YOU.

                    BECAUSE IF WE DON'T, THEY'RE STILL GOING TO BE HERE AND THE ISSUES THAT

                    THEY'RE GOING TO EXPERIENCE, THE TRAUMA THAT THEY'RE GOING TO

                    EXPERIENCE IS GOING TO RESULT IN SO MANY NEGATIVE, YOU KNOW,

                    CONSEQUENCES IN THEIR LIVES AND THEN, IN TURN, CONSEQUENCES FOR OUR

                    STATE.

                                 THIS IS A GOOD USE OF FUNDS, THIS IS A GOOD POLICY.  I

                                         121



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ENCOURAGE YOU ALL TO VOTE IN THE AFFIRMATIVE.  I WILL BE DOING THAT, AS

                    WELL.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. EPSTEIN IN

                    THE AFFIRMATIVE.

                                 MR. HEVESI TO EXPLAIN HIS VOTE.

                                 MR. HEVESI:  THANK YOU, MR. SPEAKER, AND MY

                    COLLEAGUES.  I'M JUST -- THIS WAS A GOOD IDEA, BUT IT TOOK FOUR MONTHS TO

                    PUT TOGETHER AND IT'S ALL STAFF.  SO, I WANT TO THANK THE STAFF FROM

                    PROGRAM AND COUNSEL:  JENN, JENN, MEG, RACHEL AND JANICE; ALSO,

                    AMANDA AND CAROLINE, MARIE FROM WAYS AND MEANS, AND THEN ALL OF

                    THE SENIOR STAFF AND THE SPEAKER.  I WOULD LIKE TO GIVE A SPECIAL THANK

                    YOU ALSO TO ELLEN JAFFEE, THE CHAIR OF THE CHILDREN AND FAMILIES

                    COMMITTEE, AND HARVEY EPSTEIN, WHO HAS BEEN A LEADER ON THIS ISSUE.

                    AND THERE'S MORE TO DO.  AND ALSO, SENATOR BIAGGI AND SENATOR

                    MICHAEL BENJAMIN.  BUT THANK YOU ALL MY COLLEAGUES FOR -- FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. HEVESI IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE NOW GO TO RULES

                    REPORT NO. 131, PAGE 4, PEOPLES-STOKES, AND RULES REPORT NO. 543,

                    PAGE 21, GOTTFRIED.

                                         122



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A04949-B, 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 AUBRY:  ON A MOTION BY MRS.

                    PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A02836-A, RULES

                    REPORT NO. 543, GOTTFRIED, GUNTHER, ABINANTI, KIM, SAYEGH, STECK,

                    MCDONALD, REILLY, FAHY, CAHILL, SIMOTAS, JONES, MONTESANO, SCHMITT,

                    CYMBROWITZ, L. ROSENTHAL.  AN ACT TO AMEND THE PUBLIC HEALTH LAW,

                    IN RELATION TO PHARMACY BENEFIT MANAGERS; TO AMEND THE INSURANCE

                    LAW, IN RELATION TO REGISTRATION AND LICENSING OF PHARMACY BENEFIT

                    MANAGERS; AND TO REPEAL CERTAIN PROVISIONS OF THE PUBLIC HEALTH LAW

                    RELATING THERETO.

                                         123



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MR. GOTTFRIED.

                                 MR. GOTTFRIED:  YES, MR. SPEAKER.  THIS IS A BILL

                    THAT ALMOST ALL OF ITS WORDS HAVE BEEN AROUND FOR, IN VARIOUS FORMS, FOR

                    SEVERAL YEARS.  IT PROVIDES FOR REGULATING AND LICENSING PHARMACY

                    BENEFIT MANAGERS, OTHERWISE KNOWN AS PBMS.

                                 ACTING SPEAKER AUBRY:  MR. GARBARINO.

                                 MR. GARBARINO:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  WILL THE SPONSOR YIELD?

                                 MR. GOTTFRIED:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GARBARINO:  WONDERFUL.  MR. GOTTFRIED, THIS

                    BILL HAS CHANGED A LITTLE BIT SINCE WE DEBATED IT IN THE HEALTH

                    COMMITTEE THIS YEAR.  I WANT TO FOCUS SPECIFICALLY ON THE SECTION 2 ON

                    PAGE 2 DEALING WITH THE DUTY OF ACCOUNTABILITY AND TRANSPARENCY.

                    ORIGINALLY, THIS -- THERE WAS A SPECIFIC MENTION OF A FIDUCIARY

                    RELATIONSHIP.  THAT WORD "FIDUCIARY" WAS TAKEN OUT, BUT IT LOOKS LIKE

                    EVERYTHING ELSE THAT CREATES A FIDUCIARY RELATIONSHIP WAS LEFT IN.  WHY

                    WAS THE TERM "FIDUCIARY" REMOVED WHEN IT'S OBVIOUS THAT THIS IS TRYING

                    TO INTEND ON CREATING A FIDUCIARY RELATIONSHIP?

                                 MR. GOTTFRIED:  YEAH.  WELL, THERE WERE VARIOUS

                    PEOPLE -- I MEAN THE WORD "FIDUCIARY" IS USED IN THE LAW IN A VARIETY OF

                    CONTEXTS.  THERE WERE PEOPLE WHO FOUND THAT WORD TROUBLING BECAUSE

                    THEY DIDN'T THINK IT FIT IN THIS CONTEXT AND SO WE TOOK THE WORD OUT AND

                                         124



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    REPLACED IT WITH, I DON'T KNOW, HALF A DOZEN OTHER WORDS THAT SPELL OUT

                    WHAT WE MEANT BY THE WORD "FIDUCIARY."

                                 MR. GARBARINO:  SO, THIS BILL -- THIS BILL INTENDS

                    TO CREATE A FIDUCIARY RELATIONSHIP, IT JUST DOESN'T USE THE WORD

                    "FIDUCIARY?"

                                 MR. GOTTFRIED:  WELL, I WOULD SAY IT IS MEANT TO

                    CREATE A RELATIONSHIP THAT I FELT COULD BE DESCRIBED BY THE WORD

                    "FIDUCIARY."  THERE ARE OTHER PEOPLE WHO FELT THAT THAT DOES NOT

                    DESCRIBE THE RELATIONSHIP THAT THE BILL CONTEMPLATES AND, THEREFORE, THE

                    BILL USES A SERIES OF OTHER WORDS.  SO RATHER THAN TRY TO APPLY A LABEL

                    THAT MEANS DIFFERENT THINGS TO DIFFERENT PEOPLE TO THOSE SERIES OF WORDS,

                    I WOULD JUST SAY STICK TO THE WORDS IN THE BILL.

                                 MR. GARBARINO:  ALL RIGHT.  SIMILAR -- OTHER STATES

                    HAVE ENACTED SIMILAR LEGISLATION TO THIS.  THOSE -- AND IN OTHER

                    JURISDICTIONS, NONE UNDER THE SECOND CIRCUIT, BUT THEY HAVE BEEN

                    DETERMINED TO BE UNCONSTITUTIONAL BECAUSE OF THE EXISTENCE OF A

                    FIDUCIARY RELATIONSHIP, WHETHER OR NOT THEY USE THE WORD "FIDUCIARY",

                    I'M NOT POSITIVE, BUT THEY'VE ALL -- THERE'S BEEN SEVERAL CIRCUIT COURT

                    OPINIONS THAT HAVE SAID -- IN OTHER PARTS OF THE COUNTRY THAT HAVE SAID

                    THAT THIS RELATIONSHIP IS UNCONSTITUTIONAL.  IS THAT -- ARE YOU CONCERNED

                    THAT AFTER ALL THE WORK THAT THIS BILL HAS -- HAS BEEN PUT INTO THIS BILL THAT

                    THE CREATION OF THIS RELATIONSHIP HERE COULD BE FOUND ALSO

                    UNCONSTITUTIONAL IN THE SECOND CIRCUIT?

                                 MR. GOTTFRIED:  WELL, I THINK THE ISSUE IN THOSE

                    OTHER DECISIONS, AND YOU CAN CORRECT ME IF I'M MISTAKEN, HAD TO DO

                                         125



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WITH WHETHER THOSE BILLS REGULATED OR INTERFERED WITH THE BEHAVIOR OF

                    EMPLOYER-SPONSORED SELF-INSURED HEALTH PLANS.  THIS BILL AND, OF

                    COURSE, UNDER ERISA, WE ARE NOT ALLOWED TO REGULATE

                    EMPLOYER-SPONSORED SELF-INSURED PLANS; THEREFORE, THERE IS NOT A WORD

                    IN THIS BILL THAT TELLS HEALTH PLANS OF WHATEVER KIND TO DO THIS OR NOT TO

                    DO THIS.  IT ONLY ADDRESSES PBMS.  AND I'M NOT AWARE OF ANY -- PBMS

                    AND THEIR BEHAVIOR, AND I'M NOT AWARE OF ANYTHING IN FEDERAL LAW OR THE

                    CONSTITUTION THAT THIS LANGUAGE WOULD RUN AFOUL OF.

                                 MR. GARBARINO:  YOU SAID CORRECT YOU IF YOU

                    WERE WRONG, AND I'M -- THERE WAS A -- SO I'M JUST GOING TO CORRECT YOU

                    THAT THERE -- THERE WAS A CIRCUIT -- A D.C. CIRCUIT OPINION THAT FOUND

                    THAT THE PBM AND HEALTH PLAN RELATIONSHIP, FIDUCIARY RELATIONSHIP, WAS

                    NOT ALLOWED, AND THEY SAID IT WAS A VIOLATION AND THEY DID DETERMINE IT

                    TO BE UNCONSTITUTIONAL, SO...

                                 MR. GOTTFRIED:  BUT I THINK THE KEY THING THERE

                    WAS -- WAS THE ERISA QUESTION AND I BELIEVE THIS BILL AVOIDS ANY

                    ERISA PROBLEM.  AND IF A COURT FINDS THAT THERE IS A -- THAT SOMEHOW

                    THIS BILL SHOULD NOT APPLY WHERE A PBM'S CLIENT IS AN ERISA PLAN, WE

                    HAVE CAREFULLY WRITTEN THE SEVERABILITY CLAUSE IN THE BILL TO SAY THAT IF

                    ANY PARTICULAR APPLICATION OF THIS LAW TO A PARTICULAR SET OF

                    CIRCUMSTANCES IS FOUND TO BE INVALID, THAT DOES NOT INVALIDATE THE REST

                    OF THE LAW OR ANY OTHER APPLICATION OF THE LAW.

                                 MR. GARBARINO:  OKAY.  THANK YOU.  JUST, I WANT

                    TO GO BACK TO THE DUTY, ACCOUNTABILITY AND TRANSPARENCY PART.  THE

                    WORDING HERE SAYS, "PHARMACY BENEFIT MANAGER SHALL HAVE THE DUTY

                                         126



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND OBLIGATION TO THE COVERED INDIVIDUAL AND THE" HEALTH PLAN PROVIDER

                    -- "HEALTH PLAN OR PROVIDER AND SHALL PERFORM PHARMACY BENEFIT

                    MANAGEMENT SERVICES WITH CARE, SKILL, PRUDENCE, DILIGENCE AND

                    PROFESSIONALISM, AND FOR THE BEST INTEREST PRIMARILY OF THE COVERED

                    INDIVIDUAL AND THE HEALTH PLAN OR PROVIDER."

                                 MR. GOTTFRIED:  YES.

                                 MR. GARBARINO:  ISN'T THAT -- HOW DOES THAT WORK,

                    REQUIRING THEM TO -- CREATING THIS RELATIONSHIP BETWEEN BOTH THE

                    PROVIDER OR THE HEALTH PLAN AND THE INDIVIDUAL.  I MEAN, WOULDN'T THERE

                    WILL BE A CONFLICT OF INTEREST THERE?

                                 MR. GOTTFRIED:  WELL, I BELIEVE YOU'RE RESPONDING

                    TO THE ARGUMENT MADE IN THE PBM INDUSTRY'S MEMO IN OPPOSITION TO

                    THE BILL THAT CONTEMPLATES THAT THE COVERED INDIVIDUAL, WHICH MEANS

                    LIKE YOU AND ME AND OUR PHARMACIST, THAT YOU AND ME AND OUR

                    PHARMACIST MIGHT HAVE ONE SET OF INTERESTS AND OUR HEALTH INSURANCE

                    COMPANY MIGHT HAVE AN OPPOSITE INTEREST.  ACTUALLY, THAT HAPPENS

                    MILLIONS OF TIMES A DAY, BECAUSE THE INTERESTS ARE VERY DIFFERENT.  AND

                    THAT IS WHY WHILE WE DON'T WANT PBMS STEALING FROM THEIR CLIENT HEALTH

                    PLAN, WE ALSO DON'T WANT THEM ACTING CONTRARY TO THE INTEREST OF YOU

                    AND ME AND 20 MILLION OTHER NEW YORKERS.  AND WHAT THE WORD

                    "PRIMARILY" SAYS IS IF THE INTEREST OF YOU AND ME AND OUR CONSTITUENTS IS

                    DIFFERENT FROM THE INTEREST OF OUR INSURANCE COMPANY, THE INTEREST OF

                    YOU AND ME AND OUR CONSTITUENTS IS PRIMARY.  SO, IF THERE IS A CONFLICT

                    BETWEEN THE TWO SETS OF INTERESTS, THE INTERESTS OF YOU AND ME AND OUR

                    CONSTITUENTS COMES FIRST.

                                         127



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GARBARINO:  ISN'T IT POSSIBLE THAT WHAT MIGHT

                    BE BEST FOR YOU IN A SPECIFIC -- OR A CERTAIN PERSON, A SPECIFIC SITUATION

                    MIGHT NOT BE BEST FOR THE HEALTH PLAN AND THE REST OF ITS -- THE REST OF ITS

                    POLICY HOLDERS BECAUSE WHAT'S BEST FOR THIS ONE PERSON MIGHT MEAN

                    HIGHER RATES FOR EVERY OTHER POLICY HOLDER.  SO THEN NOW YOU'RE PUTTING

                    ONE POLICY HOLDER AGAINST A GROUP OF OTHER POLICY HOLDERS, BECAUSE ONE

                    POLICY HOLDER MIGHT REQUIRE CERTAIN MEDICATION OR SOMETHING, AND --

                    BUT BY PROVING THAT MEDICATION THERE'S GOING -- IT WOULD COST A LOT OF

                    MONEY AND NOW YOU HAVE TO RAISE THE RATES FOR ALL THE OTHER POLICY

                    HOLDERS.  SO, AREN'T YOU PITTING -- POSSIBLY PITTING ONE POLICY HOLDER

                    AGAINST OTHER POLICY HOLDERS HERE?

                                 MR. GOTTFRIED:  WELL, IT IS CERTAINLY CONCEIVABLE

                    THAT ULTIMATELY A COURT MIGHT BE NEEDED TO SORT THAT OUT.  I THINK THAT'S

                    BETTER THAN THE CURRENT SYSTEM IN WHICH WE NEVER NEED A COURT TO SORT

                    OUT WHO IS GETTING SCREWED BECAUSE PBMS ARE ENTITLED TO SCREW ANY

                    AND ALL OF US AND WE HAVE NO REMEDY, ANY OF US, WHATSOEVER.  SO, TO

                    ME, A SITUATION IN WHICH WE MIGHT HAVE TO FIGURE OUT WHO OUGHT TO GET

                    SCREWED IS BETTER THAN A SITUATION IN WHICH ALL OF US GET SCREWED.  NOW,

                    THAT'S A CHOICE.  YOU KNOW, SOME MAY FEEL IT'S BETTER IF THE PBM GETS

                    TO RUN ROUGHSHOD OVER ALL OF US, SOME OF US, I THINK, FEEL DIFFERENTLY.

                                 MR. GARBARINO:  OKAY.  AND YOU BROUGHT UP A

                    COURT MIGHT HAVE TO DECIDE, SO I'M HAPPY YOU DID THAT BECAUSE THAT

                    BRINGS US -- BRINGS ME TO MY NEXT POINT.  HERE IT SEEMS UNDER

                    SUBSECTION H, THERE SEEMS TO BE A -- CREATING A RIGHT OF ACTION --

                    LAWSUITS FOR INDIVIDUALS IN THIS CASE, WHETHER IT BE THE INSURED OR THE

                                         128



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROVIDER.  IF THEY DON'T AGREE WITH WHAT THE PBM HAS DONE, THEY CAN --

                    THEY HAVE PRIVATE RIGHT OF ACTION.  IS THAT -- THAT'S THE INTENT HERE TO

                    CREATE A PRIVATE RIGHT OF ACTION?

                                 MR. GOTTFRIED:  YOU BET.  YOU KNOW, ONE OF THE

                    FIRST THINGS THAT LAW PROFESSORS TELL LAW STUDENTS IS THE NOTION WHICH I

                    THINK MAY BE NOT QUITE AS UNIVERSAL AS SOME PEOPLE LIKE TO THINK, THAT

                    QUOTE, "THERE IS NO WRONG WITHOUT A REMEDY."  IF WE SAY IT IS WRONG

                    FOR A TO STEAL FROM B, WE OUGHT TO ENABLE B TO GET LEGAL RELIEF FOR THE

                    WRONG THAT IS DONE TO B, OTHERWISE WHY CREATE THE ALLUSION THAT IT'S

                    WRONG FOR A TO STEAL FROM B?  AND SO, YES, THE BILL SAYS IF THE PBM IS

                    TRAMPLING ON THE INTERESTS OF PATIENTS, THEY'RE NOT ALLOWED TO DO THAT

                    AND, YEAH, THEN IT SAYS THAT IF THEY DO IT ANYWAY, THEY MIGHT END UP IN

                    COURT.

                                 MR. GARBARINO:  I'M AN ATTORNEY, I AGREE THAT IF

                    SOMEBODY DOES WRONG TO SOMEBODY ELSE, YOU KNOW, THEY SHOULD BE

                    HELD ACCOUNTABLE.  IF IT'S FINANCIALLY, THAT'S -- THAT'S -- THAT'S FINE, BUT MY

                    CONCERN IS HERE, THE POSSIBILITY FOR FRIVOLOUS LAWSUITS IF SOMEBODY

                    DOESN'T -- IF SOMEBODY DOESN'T LIKE THE DECISION OF THE PBM.  SAY, AS

                    YOU MENTIONED BEFORE, PRIMARILY IT'S FOR THE INDIVIDUAL AND THEN

                    SECONDARY, IT'S FOR THE HEALTH PLAN.  YOU KNOW, MAYBE THEY HAVE TO

                    DECIDE 51 -- SAY IT'S A 51-49 BALANCE AND IT'S 51 PERCENT BY -- IN FAVOR

                    OF THE HEALTH PLAN, NOW THIS -- THE INDIVIDUAL WHO WAS SO CLOSE THAT IT

                    WAS IN THEIR FAVOR BUT THEY DIDN'T GET IT, SO THEY WERE ONLY AT 49

                    PERCENT, NOW THEY CAN SUE EVEN THOUGH -- THEY CAN JUST -- THEY CAN --

                    THEY CAN SUE AND TRY TO CHANGE THE -- WHAT WAS DECIDED?

                                         129



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOTTFRIED:  WELL, YEAH.  YOU KNOW, YOU SAID

                    YOU AGREED THAT IF SOMEBODY IS WRONG, THEY OUGHT TO HAVE A REMEDY,

                    THEY OUGHT TO BE ABLE TO GET RELIEF.  NOW, YOU KNOW, I DON'T OWN A CAR,

                    I DON'T DRIVE A CAR - WHICH IS A GOOD THING.  THAT DOESN'T MEAN

                    SOMEBODY CAN'T SUE ME CLAIMING THAT I RAN THEM OVER WITH MY CAR.

                    THEY'LL LOSE, BUT IF IN ORDER TO PREVENT THAT KIND OF FRIVOLOUS LAWSUIT WE

                    WERE TO SAY, OH, IF, YOU KNOW, A CAR RUNS YOU DOWN, YOU DON'T GET TO

                    SUE BECAUSE, AFTER ALL, IT MIGHT BE FRIVOLOUS, WE WOULDN'T DO THAT.  SO

                    YEAH, IF WE SAY A MAY NOT STEAL FROM B, SOME DAY THERE MIGHT BE A B

                    ABOUT WHO SAYS A STOLE FROM ME WHEN IT WASN'T REALLY TRUE, OR MAYBE

                    A STOLE FROM ME, BUT, YOU KNOW, THEY ONLY STOLE A LITTLE BIT.  BUT THE

                    ALTERNATIVE IS TO SAY THAT PEOPLE WHO GET STOLEN FROM ARE JUST OUT OF

                    LUCK.  SO I DON'T KNOW HOW YOU'D WANT TO WRITE THAT DIFFERENTLY.

                                 MR. GARBARINO:  ACTUALLY, I JUST WANT TO GO BACK

                    TO YOUR HYPOTHETICAL THAT YOU STARTED WITH.  YOU GET SUED IF YOU DON'T

                    EVEN OWN A CAR AND SOMEBODY SUES YOU, BECAUSE THEY HAVE THE RIGHT TO

                    DO IT, YOU HAVE TO DEFEND YOURSELF, CORRECT?

                                 MR. GOTTFRIED:  YES.

                                 MR. GARBARINO:  NOW ARE THERE COSTS ASSOCIATED

                    WITH DEFENDING YOURSELF?

                                 MR. GOTTFRIED:  YEAH.  THERE ARE EVEN HIGHER

                    COSTS ASSOCIATED WITH LIVING IN A WORLD IN WHICH WE TELL PEOPLE YOU

                    CAN'T SUE IF YOU GET RUN OVER.

                                 MR. GARBARINO:  OKAY.  SO, I MEAN --

                                 MR. GOTTFRIED:  AND I THINK THAT'S WHAT YOU'RE

                                         130



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SUGGESTING.

                                 MR. GARBARINO:  NO, THAT'S NOT WHAT I'M

                    SUGGESTING, I'M JUST SAYING THAT I THINK THIS PRIVATE RIGHT OF ACTION WITH

                    THESE LAWSUITS POSSIBILITY COULD CAUSE MORE COSTS BECAUSE EVERYBODY

                    WOULD HAVE TO DEFEND THEM, AND IT WOULD -- SO, THAT WOULD CAUSE

                    INSURANCE POLICIES TO GO UP.  BUT I HAVE A SPECIFIC QUESTION.  THIS --

                    UNDER THIS BILL, THERE'S A LICENSURE AND A REGISTRATION.  I THINK THE

                    REGISTRATION TAKES EFFECT ON APRIL 1ST, 2020 FOR THE PBMS?

                                 MR. GOTTFRIED:  THE REGISTRATION KICKS IN FOR

                    OPERATING DURING 2020.  LICENSURE, WHICH IS A LITTLE MORE INVOLVED,

                    KICKS IN STARTING 2021.  I THINK YOU CAN -- YOU CAN APPLY FOR A LICENSE A

                    LITTLE EARLIER, YES.

                                 MR. GARBARINO:  SO WITH THOSE -- WITH THE

                    REGISTRATION AND LICENSURE BEING KICKED OUT THAT FAR, THE PRIVATE RIGHT OF

                    ACTION PART OF THIS TAKES EFFECT IN 90 DAYS; IS THERE A REASON WHY THAT

                    WAS DONE?

                                 MR. GOTTFRIED:  WELL, YEAH, WE FIGURED, YOU

                    KNOW, IT -- IT TAKES TIME FOR THE PAPERWORK FOR A REGISTRATION SYSTEM TO

                    BE PUT TOGETHER, AND YOU NEED TIME FOR PEOPLE TO FILL OUT THE

                    APPLICATION.  BUT PEOPLE OUGHT TO KNOW EVEN BEFORE 90 DAYS FROM NOW

                    THAT STEALING FROM OTHER NEW YORKERS IS A NO-NO.  SO, WE FELT WE COULD

                    HAVE THAT KICK IN IN 90 DAYS.

                                 MR. GARBARINO:  THANK YOU, MR. CHAIRMAN.

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

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                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CHAIRMAN YIELD?

                                 MR. GOTTFRIED:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RAIA:  THANK YOU, RICHARD.  BEFORE I BEGIN TO

                    ASK A COUPLE OF QUESTIONS, I JUST WANTED TO SAY FOR THE RECORD, AS I

                    MIGHT NOT BE COMING BACK NEXT YEAR, IT'S TRULY BEEN AN HONOR TO BE THE

                    RANKING MEMBER ON YOUR COMMITTEE, AND THE THOUGHTFULNESS AND THE

                    WAY YOU WORK WITH THE MINORITY IS -- HAS BEEN VERY SPECIAL AND I WILL

                    MISS THE COMRADERY.  AND THE THINGS THAT I HAVE LEARNED FROM YOU OVER

                    THE YEARS, SO THANK YOU FOR --

                                 MR. GOTTFRIED:  WELL, GOOD.  THANK YOU VERY

                    MUCH FOR THAT.  I WILL SAY DURING THE MANY YEARS THAT I'VE CHAIRED THE

                    HEALTH COMMITTEE, YOU ARE THE LATEST IN A -- IN A LINE OF REALLY TERRIFIC

                    RANKING MINORITY MEMBERS THAT I'VE HAD THE PRIVILEGE TO WORK WITH.

                                 MR. RAIA:  THANK YOU.  THAT MEANS A LOT TO ME.

                                 LET'S GET TO IT.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  SO NOW YOU GOT TO

                    VOTE FOR HIS BILL.

                                 (LAUGHTER)

                                 MR. RAIA:  YOU NEVER KNOW.

                                 OKAY.  OBVIOUSLY, I'M LOOKING AT EYES GLASS OVER IN

                    THE CHAMBER WITH THE DISCUSSION ON THIS ISSUE, BECAUSE I CAN TELL YOU,

                    PBMS ARE PROBABLY ONE OF THE MOST CONFUSING ISSUES IN HEALTH CARE

                    AND UNLESS YOU'RE ON THE INSURANCE COMMITTEE OR THE HEALTH

                                         132



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    COMMITTEE -- ONE OF MY COLLEAGUES JUST MENTIONED TO ME GOING, "I

                    HAVE NO IDEA WHAT THIS IS", SO LET'S KEEP IT BASIC.  WE KNOW THAT

                    PRESCRIPTION DRUGS IS ONE OF THE PRIMARY DRIVERS ON HEALTH CARE COSTS.

                    HOW EXACTLY IS THIS GOING TO TRANSLATE INTO LOWER COSTS FOR CONSUMERS?

                                 MR. GOTTFRIED:  WELL, YOU KNOW, ONE OF THE

                    PROBLEMS WITH PBMS IS THAT THEY TODAY OPERATE IN ALMOST TOTAL SECRECY

                    AND ALMOST TOTAL IMMUNITY FROM ANYBODY BEING ABLE TO HOLD THEM

                    ACCOUNTABLE.  AND SO, NOBODY REALLY KNOWS FOR SURE HOW MUCH OF WHAT

                    WE PAY THINKING WE'RE PAYING A DRUG COMPANY, NOBODY REALLY KNOWS

                    HOW MUCH OF THAT STAYS IN THE POCKETS OF THE PBM, ALTHOUGH WE DO

                    KNOW THAT A SMALL HANDFUL OF PBMS HAVE GOTTEN ENORMOUSLY WEALTHY

                    AND BEEN ABLE TO ACQUIRE AN ENORMOUS SHARE OF THE INSURANCE -- OF THE

                    PBM MARKET.  THIS BILL WILL HOPEFULLY OPEN THAT UP CONSIDERABLY AND

                    ENABLE, PARTICULARLY INSURANCE COMPANIES, TO KNOW HOW MUCH MONEY

                    THAT OUGHT TO EITHER GO TO THEM OR TO THE DRUG COMPANY, OR STAY IN THE

                    POCKETS OF THEIR CONSUMERS IS INSTEAD LANDING UP IN THE POCKETS OF THE

                    PBM.

                                 SO, HOW MUCH THIS IS GOING TO REDUCE PRESCRIPTION

                    DRUG PRICES, WE REALLY DON'T KNOW FOR SURE, BUT, YOU KNOW, ALMOST

                    EVERYTHING I'VE READ ON THE TOPIC OF PRESCRIPTION DRUG PRICES SAYS THAT

                    THE PBM'S IN THE MIDDLE OF THIS WHOLE PICTURE ARE A MAJOR PART OF THE

                    DRUG PRICE PROBLEM.

                                 MR. RAIA:  OKAY.  I -- FOLLOWING THROUGH ON THAT

                    TRAIN OF THOUGHT, THE CURRENT STATE BUDGET IMPOSED NEW TRANSPARENCY

                    AND REPORTING REQUIREMENTS ON PLANS, ARRANGEMENTS WITH PBMS AND

                                         133



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROVIDED DEPARTMENT OF HEALTH WITH THE AUTHORITY TO REVIEW PAYMENT

                    METHODOLOGIES BETWEEN THE HEALTH PLANS AND THE PBMS, AND HOW

                    SPENDING ON PHARMACY BENEFITS IS BEING ALLOCATED.  SO I GUESS MY

                    QUESTION IS, WHY DO YOU FEEL MORE OVERSIGHT IS REQUIRED WHEN WE DON'T

                    EVEN KNOW HOW THE CHANGES THAT WE MADE IN THIS YEAR'S BUDGET ARE

                    GOING TO BE IMPACTED?

                                 MR. GOTTFRIED:  YOU KNOW -- WELL, THE KEY

                    ELEMENT IS, YES, WE -- WE ENACTED SOME TERRIFIC LANGUAGE IN THE BUDGET

                    DEALING WITH PBMS AND A LARGE PART OF THE LANGUAGE IN THIS BILL COPIES

                    THAT LANGUAGE.  THE DIFFERENCE IS WHAT WE DID IN THE BUDGET ONLY

                    APPLIED TO MEDICAID, AND THIS BILL APPLIES TO EVERYTHING ELSE.

                                 MR. RAIA:  OKAY.  WELL, I GUESS THAT'S ALL I'VE GOT.

                    RICHARD, THANK YOU, AND, ONCE AGAIN, I'VE -- I'VE ENJOYED WORKING WITH

                    YOU OVER THE YEARS.

                                 MR. GOTTFRIED:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. GARBARINO FOR

                    A -- NO.

                                 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. CAHILL TO EXPLAIN HIS VOTE.

                                 MR. CAHILL:  MR. SPEAKER, THE ADMONISHMENT

                    AGAINST NAMING MEMBERS IS NOT ENTIRELY CLEAR.  I DON'T INTEND TO

                                         134



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CRITICIZE ANY MEMBERS, BUT I WOULD LIKE TO POINT OUT THAT SEVERAL

                    MEMBERS ON BOTH SIDES OF THE AISLE HAVE BEEN AT THE FOREFRONT OF THIS

                    ISSUE, NOT JUST HERE IN NEW YORK STATE, BUT NATIONALLY.  COLLEAGUES

                    WHO SERVED WITH ME ON THE NATIONAL COUNCIL OF INSURANCE LEGISLATORS

                    HAVE LED THE DEBATE ON A NATIONWIDE SCALE THAT IS INTRODUCING

                    PHARMACY BENEFIT MANAGEMENT LEGISLATION ACROSS THE COUNTRY.

                                 THIS BILL THAT HAS BEEN OFFERED TODAY BY -- BY OUR

                    COLLEAGUE WHO CHAIRS THE HEALTH COMMITTEE IS THE MOST

                    COMPREHENSIVE BILL IN THE NATION.  AND THAT HAS PEOPLE TAKING NOTICE.

                    IT HAS PEOPLE TAKING NOTICE WHO ADVOCATE FOR PHARMACY BENEFIT

                    MANAGEMENT COMPANIES ACROSS THE COUNTRY, HEALTH PLANS ACROSS THE

                    COUNTRY AND CONSUMERS ACROSS THE COUNTRY.  WE UNDERSTAND THAT THERE

                    ARE SOME THINGS IN THIS LEGISLATION THAT MAY GIVE RISE TO SOME LEGAL

                    ISSUES, AND WE THINK IT'S WORTH IT.  RIGHT NOW, WE HAVE NO AGENCIES

                    OVERSEEING OUR PHARMACY BENEFIT MANAGEMENT COMPANIES.  THEY ARE

                    NOT REGULATED, THEY ARE NOT LICENSED, THEY ARE NOT EVEN REGISTERED IN

                    NEW YORK STATE.  WHEN THIS LEGISLATION BECOMES LAW, THEY WILL BE

                    REGULATED, THEY WILL BE LICENSED AND TWO AGENCIES WILL HAVE OVERSIGHT

                    AND CONSUMERS IN NEW YORK STATE WILL FINALLY HAVE SOME RIGHTS

                    AGAINST AN ENTITY RIGHT NOW THAT IS SORT OF INVISIBLE, OR AT LEAST CLOAKED

                    IN GREAT SECRECY.

                                 I WITHDRAW MY REQUEST, CONGRATULATE THE SPONSOR AND

                    MY COLLEAGUES ON BOTH SIDES OF THE AISLE FOR TAKING THE LEAD AND VOTE IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. CAHILL IN THE

                                         135



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AFFIRMATIVE.

                                 MR. GOTTFRIED TO EXPLAIN HIS VOTE.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.

                    LIKEWISE, WITHOUT MENTIONING ANYBODY'S NAME, SOME OF THE BEST

                    CONCEPTS AND LANGUAGE IN THIS LEGISLATION CAME FROM THAT OTHER

                    FELLOW --

                                 (LAUGHTER)

                                 -- AND I THINK WE'VE REALLY WORKED TOGETHER TO PRODUCE

                    A -- A REALLY TERRIFIC PRODUCT AND I'M DELIGHTED TO VOTE FOR IT.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME WE'D LIKE TO

                    ADVANCE THE A- AND B-CALENDAR, RULES REPORT NO. 642, MR. WEPRIN.

                                 ACTING SPEAKER AUBRY:  ON MR. -- MR.

                    RAMOS' MOTION, THE A- AND B-CALENDAR ARE ADVANCED.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05494, RULES REPORT

                    NO. 642, WEPRIN, HUNTER, SAYEGH, ROMEO, COLTON, SCHMITT, DE LA

                    ROSA, GALEF, JEAN-PIERRE, CARROLL, D'URSO, WOERNER, GOTTFRIED,

                    SEAWRIGHT, RIVERA, THIELE, BLAKE, JOHNS, L. ROSENTHAL, BARRON,

                    BRABENEC, SCHIMMINGER, MCDONOUGH, SMITH, LAVINE, SIMON, MOSLEY,

                                         136



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OTIS, LUPARDO, BENEDETTO, TITUS, ORTIZ, AUBRY, KIM, PICHARDO, CUSICK,

                    STIRPE, DILAN, STECK, WALKER, RICHARDSON, DIPIETRO, CAHILL, HEVESI,

                    BICHOTTE, JOYNER, SANTABARBARA, RAIA, DENDEKKER, DICKENS,

                    MANKTELOW, MCDONALD, SALKA, REILLY, COOK, WALCZYK, FRONTUS,

                    REYES, JAFFEE, TAYLOR, FERNANDEZ, FALL, RAYNOR, CRUZ, VANEL,

                    EICHENSTEIN, STERN, HYNDMAN, PHEFFER AMATO, MCMAHON, D.

                    ROSENTHAL.  AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE DOMESTIC

                    RELATIONS LAW, IN RELATION TO AUTHORIZING ADOPTEES TO OBTAIN A CERTIFIED

                    COPY OF THEIR BIRTH CERTIFICATE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. GOODELL ON THE BILL.

                                 MR. GOODELL:  I APOLOGIZE.  WOULD THE SPONSOR

                    PROVIDE AN EXPLANATION, PLEASE?

                                 ACTING SPEAKER AUBRY:  SOON AS WE -- CAN WE

                    HAVE A LITTLE -- MEMBERS OUT OF THAT AISLE SO THEY CAN -- THEY'RE

                    DEBATING.

                                 MR. WEPRIN, AN EXPLANATION HAS BEEN REQUESTED.

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

                    ADDS A NEW SECTION, 4138-E, TO THE PUBLIC HEALTH LAW THAT PROVIDES

                    FOR ADULT ADOPTEES OVER THE AGE OF 18 THE RIGHT TO A CERTIFIED COPY OF HIS

                    OR HER ORIGINAL BIRTH CERTIFICATE, AND RECOGNIZES THAT DENIAL OF SUCH

                    ACCESS TO A BIRTH CERTIFICATE IS A DENIAL OF A HUMAN RIGHT.  THIS NEW

                    SECTION PROVIDES THAT AN ADOPTED PERSON 18 YEARS OF AGE OR OLDER, OR IF

                                         137



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE ADOPTED PERSON IS DECEASED, THE ADOPTED PERSON'S DIRECT LINE OF

                    DESCENDANTS CAN OBTAIN A CERTIFIED COPY OF THE ADOPTED PERSON'S

                    ORIGINAL LONG FORM BIRTH CERTIFICATE, OR IN CASES WHERE A BIRTH CERTIFICATE

                    IS NOT AVAILABLE, ACCESS TO IDENTIFYING INFORMATION FROM THE STATE

                    COMMISSIONER OF HEALTH, CITY COMMISSIONER OF HEALTH IN NEW YORK

                    CITY, OR A LOCAL REGISTRAR IN THE SAME MANNER AS SUCH CERTIFICATES ARE

                    AVAILABLE TO NEW YORKERS WHO ARE NOT ADOPTED.  WHICH IS BY FILING AN

                    APPLICATION WITH THE LOCAL REGISTRAR OR COMMISSIONER AND UPON PAYING

                    A NOMINAL FEE.

                                 SECTIONS 3 THROUGH 6 AMEND THE PUBLIC HEALTH LAW TO

                    ADD ADULT ADOPTEES TO ALREADY EXISTING PROVISIONS RELATED TO THE STORAGE

                    AND ISSUANCE OF CERTIFIED LONG FORM COPIES OF BIRTH CERTIFICATES.

                    SECTION 7 AMENDS THE PUBLIC HEALTH LAW TO PROVIDE FOR ACCESS TO

                    IDENTIFYING INFORMATION.  SECTION 8 AMENDS THE PUBLIC HEALTH LAW TO

                    ADD DEFINITIONS FOR "COMMISSIONER" IN REGARDS TO THE STATE

                    COMMISSIONER OF HEALTH AND THE NEW YORK CITY COMMISSIONER OF

                    HEALTH.  SECTION 9 AMENDS THE DOMESTIC RELATIONS LAW TO PROVIDE FOR

                    THE CHILD'S AND BIRTH PARENTS IDENTIFYING INFORMATION TO BE PROVIDED AT

                    THE TIME OF AN ADOPTION, AND SECTION 10 PROVIDES FOR AN EFFECTIVE DATE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN, WILL YOU

                    YIELD?

                                 MR. WEPRIN:  I'D BE HAPPY TO.

                                         138



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. WEPRIN.  DOES THIS

                    BILL PROVIDE FOR ANY CONSENT OF ANY OF THE BIOLOGICAL PARENTS TO THE

                    RELEASE OF THEIR IDENTIFYING INFORMATION?

                                 MR. WEPRIN:  NO, IT DOES NOT.

                                 MR. GOODELL:  DOES IT REQUIRE ANY NOTICE IN

                    ADVANCE TO THE BIOLOGICAL PARENTS OF THE DISCLOSURE OF THEIR

                    IDENTIFICATION?

                                 MR. WEPRIN:  NO, IT DOES NOT.

                                 MR. GOODELL:  IS THERE ANYTHING IN THIS BILL THAT

                    WOULD ALLOW THE BIOLOGICAL MOTHER TO MAINTAIN CONFIDENTIALITY IF SHE

                    WAS CONCEIVED THROUGH A SEXUAL ASSAULT OR COERCION, SO THAT HER

                    IDENTITY TO THE RAPIST OR WHOEVER ASSAULTED HER IS NOT DISCLOSED?

                                 MR. WEPRIN:  IT'S NOT COVERED UNDER THIS LEGISLATION.

                                 MR. GOODELL:  CURRENTLY WE HAVE AN ADOPTION

                    INFORMATION REGISTRY, DON'T WE?

                                 MR. WEPRIN:  WE DO.

                                 MR. GOODELL:  AND THAT ADOPTION REGISTRY PERMITS

                    BIRTH PARENTS TO DISCLOSE INFORMATION TO SOMEONE THAT WAS PUT UP FOR

                    ADOPTION, CORRECT?

                                 MR. WEPRIN:  THAT'S CORRECT, ALTHOUGH IT HAS NOT

                    BEEN WORKING WELL AND FOR THAT REASON, THERE ARE VERY FEW ADOPTEES

                    WHO HAVE ACTUALLY GOTTEN THE NECESSARY INFORMATION THAT THEY

                    REQUESTED.

                                 MR. GOODELL:  NOW, ADOPTEE CONFIDENTIALITY HAS

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                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BEEN A STAPLE IN NEW YORK'S LAW FOR MANY DECADES, HASN'T IT?  DIDN'T IT

                    START IN THE '30S?

                                 MR. WEPRIN:  EXCEPT THAT'S NOT REALLY CORRECT

                    BECAUSE NO PERSON WHO WAS -- WHO GAVE UP A CHILD FOR ADOPTION, TO

                    OUR KNOWLEDGE, HAS EVER BEEN PROMISED ANONYMITY OR CONFIDENTIALITY.

                    THAT WAS SOMETHING THAT OFTEN LAWYERS MAY HAVE TOLD THEIR CLIENTS OR

                    PERSPECTIVE CLIENTS, BUT THERE'S NEVER BEEN A LEGAL DOCUMENT TO SHOW

                    THAT THERE WAS A PROMISE OF ANONYMITY.  AS A MATTER OF FACT, A NUMBER

                    OF YEARS AGO, CHAIRMAN GOTTFRIED OF THE HEALTH COMMITTEE HAD A

                    PUBLIC HEARING ON THIS BILL AND WE HAD HUNDREDS OF WITNESSES.  IT WENT

                    ALL DAY AND NO ONE COULD PRODUCE A DOCUMENT SHOWING THAT THEY WERE

                    PROMISED ANY FORM OF ANONYMITY.

                                 MR. GOODELL:  I UNDERSTAND THAT YOU'RE POINTING --

                    THAT NOBODY'S BEEN PROVIDED OR WAS PROVIDED DOCUMENT, AT LEAST ANY

                    FORMAL DOCUMENT, BUT HASN'T IT BEEN THE LAW OF NEW YORK THAT THESE

                    RECORDS WERE CONFIDENTIAL FOR NEARLY A HALF A CENTURY OR MORE?

                                 MR. WEPRIN:  YES, IT'S VERY ARCHAIC THAT THE RECORDS

                    ARE SEALED AND A CITIZEN OF NEW YORK STATE WHO HAPPENS TO BE,

                    THROUGH NO FAULT OF THEIR OWN, BE ADOPTED, HAS AN INABILITY TO GET THOSE

                    RECORDS.  YOU KNOW, IT WAS DONE I THINK IN 1938.  WE HAVE CHANGED A

                    LOT OF LAWS SINCE 1938 THAT NO LONGER APPLY.  SO, I THINK THIS IS A -- WILL

                    BE A HISTORIC DAY IN THE STATE OF NEW YORK WHERE WE'RE GOING TO JOIN, I

                    THINK, ABOUT 11 STATES THAT HAVE OPEN ADOPTION RECORDS.  THIS IS A TREND

                    ACROSS THE COUNTRY, BUT CERTAINLY IT'S -- IT'S BEEN A LONG TIME SINCE 1938

                    AND I THINK THE TIME HAS COME IN NEW YORK STATE.

                                         140



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  SO FOR PARTICULARLY BIOLOGICAL

                    MOTHERS WHO HAVE GIVEN UP A CHILD FOR ADOPTION IN THE LAST 80 YEARS

                    SINCE 1938 AND WERE TOLD BY THEIR ATTORNEYS OR ANYONE THEY CONSULTED

                    ON THE LAW THAT THE LAW WAS THAT THEIR IDENTITY WOULD BE CONFIDENTIAL,

                    WOULD THIS CHANGE IN THE LAW APPLY RETROACTIVELY TO THEM OR WOULD IT

                    ONLY APPLY PROSPECTIVELY FOR A NEW BIOLOGICAL PARENTS THAT WERE GIVING

                    UP THEIR CHILD FOR ADOPTION?

                                 MR. WEPRIN:  WELL, YOU KNOW, TODAY MOST

                    ADOPTIONS IN NEW YORK STATE ARE DONE OPENLY AND, YOU KNOW, THERE'S

                    -- THERE'S NO GUARANTEE OF ANY ANONYMITY IN TODAY'S SOCIETY TO ANYONE

                    BECAUSE WITH THE INTERNET AND DNA AND OTHER EVIDENCE, ADOPTEES,

                    PARTICULARLY ADOPTEES THAT HAVE MEANS THAT ARE, YOU KNOW, CAN AFFORD

                    TO HIRE PRIVATE DETECTIVES, VERY OFTEN FIND THEIR BIOLOGICAL PARENTS

                    WHETHER THEY HAVE ACCESS TO THEIR ORIGINAL BIRTH CERTIFICATE OR NOT,

                    WHILE VERY OFTEN, POOR ADOPTEES WHO CANNOT AFFORD TO HIRE PRIVATE

                    DETECTIVES ARE NOT AT -- ARE DISCRIMINATED AGAINST IN A SENSE BECAUSE

                    THEY CAN'T AFFORD TO HIRE A PRIVATE DETECTIVE AND MAY NOT FIND THEIR

                    BIOLOGICAL PARENTS.  BUT IN ANY CASE, THERE'S THE SAME FEAR -- THE SAME

                    POSSIBILITY, I SHOULD SAY, OF AN 18-YEAR-OLD SHOWING UP AT THE DOOR OF A

                    BIOLOGICAL PARENT REGARDLESS OF WHETHER THEY HAVE THEIR ORIGINAL BIRTH

                    CERTIFICATE OR NOT.

                                 MR. GOODELL:  MY QUESTION - I'M SORRY IF I WASN'T

                    CLEAR ENOUGH - BUT MY QUESTION WAS DOES THIS LAW, BY ITS TERMS, APPLY

                    ONLY TO ADOPTIONS THAT WOULD OCCUR AFTER THE LAW IS ADOPTED?  OR, DOES

                    IT APPLY RETROACTIVELY AS WELL?

                                         141



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. WEPRIN:  IT WOULD APPLY RETROACTIVELY.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                 THANK YOU, MR. WEPRIN.

                                 MR. WEPRIN:  YOU'RE WELCOME.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  SINCE 1938, IT'S BEEN THE POLICY OF

                    THIS STATE TO MAINTAIN CONFIDENTIALITY ON ADOPTIONS, AND THERE ARE

                    SEVERAL VERY SOUND PUBLIC POLICIES FOR THAT.  ONE OF THOSE POLICIES WAS

                    TO PROTECT THE IDENTITY OF THE MOTHER WHO MIGHT HAVE BEEN THE VICTIM

                    OF RAPE OR SEXUAL ASSAULT WHO DIDN'T WANT HER IDENTITY KNOWN TO HER

                    ASSAILANT, SHE DIDN'T WANT HER ASSAILANT TO KNOW THAT THE ASSAILANT HAD

                    FATHERED A CHILD.  ANOTHER REASON IS BECAUSE THERE WAS A STRONG PUBLIC

                    POLICY TO HAVE THE ADOPTIVE CHILD BOND WITH THE NEW PARENTS AND BE

                    TREATED JUST LIKE ONE OF THEIR OWN IN EVERY RESPECT.  AND SO, THERE'S A

                    CONCERN THAT IF THE ADOPTIVE CHILD HAD CONTINUED CONTACT WITH THEIR

                    BIOLOGICAL MOTHER, THERE WOULD BE AN INTERFERENCE IN THAT BONDING

                    PROCESS AND AN INTERFERENCE IN THOSE PARENTAL RELATIONSHIPS THAT ARE SO

                    CRITICAL TO THE HEALTHY DEVELOPMENT OF A CHILD.

                                 THERE'S ALSO A RECOGNITION THAT AN ADOPTION, OR GIVING

                    UP A CHILD FOR AN ADOPTION CAN BE EXTRAORDINARILY TRAUMATIC AND

                    DIFFICULT FOR THE BIOLOGICAL MOTHER.  AND IT CAN BE VERY, VERY

                    COURAGEOUS FOR THE BIOLOGICAL MOTHER TO GIVE UP A CHILD FOR ADOPTION.

                    AND SHE MAY BE DOING IT BECAUSE EVEN THOUGH SHE WANTS WITH ALL OF

                    HER BEING TO KEEP THAT CHILD, SHE KNOWS THAT SHE CAN'T DO IT FOR

                                         142



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WHATEVER REASON.  AND SO, SHE WANTS THE VERY BEST FOR THE CHILD.  BUT IF

                    THERE'S NO CONFIDENTIALITY, THAT TRAUMATIC EXPERIENCE CAN BE BROUGHT

                    BACK UP AGAIN WITHOUT HER CONSENT OR INVOLVEMENT AT ANY TIME.

                                 WE ALREADY HAVE SYSTEMS IN PLACE THAT ALLOW A

                    BIOLOGICAL MOTHER TO CONSENT TO HER IDENTITY BEING DISCLOSED, THAT'S WHY

                    WE HAVE THE ADOPTION INFORMATION REGISTRY.  THAT REGISTRY BALANCES

                    THE DESIRE OF ADOPTEES TO FIND OUT WHO THEIR BIOLOGICAL PARENTS WERE

                    WITH THE PRIVACY RIGHTS THAT WE HAVE OFFERED TO THESE ADOPTEE PARENTS,

                    OR THAT PARENTS THAT GAVE THEM UP, FOR THE LAST 81 YEARS.  NOW, THIS BILL

                    DOESN'T APPLY PROSPECTIVELY.  IT DOESN'T SAY IF YOU GIVE UP A CHILD IN THE

                    FUTURE, STARTING FROM THE ADOPTION, YOUR IDENTITY MIGHT BE DISCLOSED

                    WITHOUT NOTICE TO YOU OR WITHOUT YOUR INVOLVEMENT OR CONSENT.  THAT

                    WOULD BE A DIFFERENT BILL.  THAT'S NOT THIS BILL.  THIS BILL SAYS THAT EVEN

                    THOUGH WE'VE BEEN TELLING WOMEN THAT THEIR IDENTITY WOULD BE

                    CONFIDENTIAL UNLESS THEY CONSENTED, WE'RE CHANGING THE RULES

                    RETROACTIVELY.  IF WE WERE TO DO IT PROSPECTIVELY, UNDOUBTEDLY WE

                    WOULD WANT TO HAVE THE BIOLOGICAL MOTHER SIGN AN ACKNOWLEDGMENT

                    RECOGNIZING THAT HER IDENTITY MIGHT BE DISCLOSED.

                                 I WOULD NOT RECOMMEND CHANGING THE CURRENT POLICY

                    FOR THE REASONS I MENTIONED, INCLUDING THE FACT THAT IT MAY ACTUALLY

                    REDUCE THE NUMBER OF CHILDREN THAT ARE GIVEN UP FOR ADOPTION AND MAY

                    CREATE OTHER UNINTENDED CONSEQUENCES, PARTICULARLY IF THE MOTHER WERE

                    THE VICTIM OF A SEXUAL ASSAULT OR RAPE.  FOR THESE REASONS, THE WOMEN'S

                    BAR ASSOCIATION OF THE STATE OF NEW YORK HAS OPPOSED THIS LEGISLATION

                    STRONGLY.  ACCORDING TO THE WOMEN'S BAR ASSOCIATION, THE PROPOSED

                                         143



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    LEGISLATION FAILS TO ADEQUATELY ACCOUNT FOR THE RIGHT OF BIRTH PARENTS,

                    SPECIFICALLY BIRTH MOTHERS, DECIDE WHETHER OR NOT TO KEEP IDENTIFYING

                    INFORMATION CONFIDENTIAL.  THEY EXPRESS CONCERN THAT THIS BILL IS

                    TANTAMOUNT TO QUOTE, "IDENTIFYING AND OUTING THE VICTIM OF RAPE

                    WITHOUT HER CONSENT."  IT GOES ON TO SAY THAT THIS BILL WOULD RESULT IN

                    QUOTE, "MANY WHO WOULD BE GREATLY HARMED IF AN," OUT-OF-PREGNANCY

                    -- "OUT-OF-WEDLOCK PREGNANCY WAS DISCLOSED", BECAUSE NOT ALWAYS

                    DOES A BIRTH MOTHER SHARE WITH OTHERS, INCLUDING THOSE WHO SHE'S CLOSE

                    WITH THAT SHE HAS ALREADY GIVEN BIRTH TO ANOTHER CHILD OR WANT TO GO

                    BACK AND REVISIT THIS.  THE WOMEN'S BAR ASSOCIATION ALSO

                    ACKNOWLEDGED THAT RECENT STUDIES HAVE DOCUMENTED THE QUOTE,

                    "UNIQUE TRAUMA AND IMPACT OF PLACING A CHILD UP FOR ADOPTION.  FORCED

                    IDENTIFICATION EIGHT YEARS LATER ONLY EXACERBATES THAT TRAUMA."  NOW,

                    THE WOMEN'S BAR ASSOCIATION SUGGESTS THAT IF WE WANT TO CHANGE THE

                    POLICY THAT OUT OF FAIRNESS AND EQUITY TO ALL THE BIRTH MOTHERS WHO HAVE

                    OPERATED UNDER THE PROGRAM THAT WE'VE HAD FOR THE LAST 80 YEARS, THAT

                    THE CHANGE ONLY BE MADE PROSPECTIVELY AFTER GIVING THEM ADVICE.

                                 PERSONALLY, I HAVE BEEN INVOLVED IN THIS NOT BECAUSE I

                    WAS ADOPTED, BUT BECAUSE I WAS CONTACTED BY THE SURROGATE COURT A

                    NUMBER OF YEARS AGO BECAUSE IN ADDITION TO THE ADOPTION REGISTRY THAT I

                    MENTIONED WHERE THE BIRTH PARENTS CAN CONSENT TO BEING CONTACTED, WE

                    HAVE A SECOND SAFETY VALVE, AND THAT IS THROUGH THE COURTS.  AND IF

                    THERE'S AN UNUSUAL SITUATION WHERE THE ADOPTED CHILD NEEDS TO KNOW

                    ABOUT THEIR MOTHER'S OR FATHER'S IDENTITY BECAUSE OF A MEDICAL REASON OR

                    OTHER EXIGENCY, THE COURT HAS THE ABILITY TO EXAMINE THE RECORDS THAT

                                         144



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ARE OTHERWISE SEALED AND CAN APPOINT AN INDEPENDENT THIRD-PARTY TO

                    SEEK THE CONSENT OF THE NATURAL PARENTS AND EVEN THE NATURAL SIBLINGS,

                    AND THAT'S EXACTLY WHAT HAPPENED IN THE CASE I HAD.  WE HAD AN

                    ADOPTED CHILD, NOW AN ADULT, NEEDED A KIDNEY TRANSPLANT, LOOKING FOR A

                    MATCH.  THE COURT CONTACTED ME, GAVE ME, ON A VERY CONFIDENTIAL BASIS,

                    THE NAMES AND ADDRESSES OF THE BIRTH PARENTS AND THE STEP-SIBLINGS.

                    AND MY MISSION WAS TO CONTACT EACH OF THEM CONFIDENTIALLY AND ASK IF

                    THEY GAVE PERMISSION.  AND IN THAT CASE, THE BIRTH MOTHER SAID, I WOULD

                    DO ANYTHING FOR MY SON.  THE STEP-SIBLINGS SAID THE SAME AND,

                    UNFORTUNATELY, THE BIRTH FATHER SAID, NO, KEEP MY IDENTITY CONFIDENTIAL.

                    AND SO, THAT'S EXACTLY WHAT WE DID.  WE DISCLOSED THE IDENTITY OF EVERY

                    ONE WHO GAVE CONSENT, BUT NOT THOSE WHO WANTED IT WITHHELD.

                                 SO, WE HAVE CURRENTLY A SYSTEM THAT BALANCES THE

                    NEEDS OF AN ADOPTED CHILD TO LEGITIMATELY CONTACT THEIR BIRTH PARENTS OR

                    SIBLINGS WHILE STILL PROTECTING THE CONFIDENTIALITY OF THOSE WHO HAVE

                    BEEN IN THAT SITUATION.  SO, I WOULD RECOMMEND WE STAY WITH THE

                    CURRENT SYSTEM RATHER THAN WHOLESALE CHANGE WHAT WE'VE BEEN TELLING

                    MOTHERS FOR THE LAST 81 YEARS.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. GLICK.

                                 MS. GLICK:  WILL THE SPONSOR YIELD FOR A QUICK

                    QUESTION?

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN, WILL YOU

                    YIELD?

                                 MR. WEPRIN:  YES.

                                         145



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. GLICK:  DOES ANYTHING IN THIS NEW VERSION

                    PROTECT THE IDENTITY OF A MINOR WHO AT THE TIME GAVE UP A CHILD FOR

                    ADOPTION, SINCE MINORS ARE NOT ABLE TO CONSENT ONE WAY OR ANOTHER?

                                 MR. WEPRIN:  THERE'S REALLY NO DISTINCTION.  ALL

                    YOU'RE ENTITLED TO IS YOUR ORIGINAL BIRTH CERTIFICATE, JUST LIKE ANY OTHER

                    CITIZEN OF NEW YORK STATE WHO MIGHT NOT HAVE BEEN ADOPTED.

                                 MS. GLICK:  OKAY.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE --

                                 MS. GLICK:  FOR MANY YEARS, I HAVE SHARED CONCERNS

                    THAT MR. GOODELL HAS OUTLINED, BUT I DO THINK THAT SOMETIMES TIMES

                    CHANGE AND CLEARLY, OVER THE LAST 20 OR MAYBE 30 YEARS, THE ORIGINAL

                    STIGMA AROUND OUT-OF-WEDLOCK BIRTHS I THINK HAS EVAPORATED; IN FACT, I

                    THINK PEOPLE DON'T GET MARRIED ANYMORE.  SEEMS ONCE GAY PEOPLE

                    COULD GET MARRIED, PEOPLE GAVE IT UP.  SO, I THINK THE TIMES HAVE

                    CHANGED AND I THINK THE CONCERN WAS ABOUT SOMEONE APPEARING AND

                    SOMEONE WHO WAS HIDDEN BECAUSE OF THE SOCIETAL SHAME ASSOCIATED

                    WITH AN OUT-OF-WEDLOCK BIRTH.  I DO HAVE SOME CONCERNS ABOUT PEOPLE

                    WHO MAY HAVE GIVEN UP A CHILD NOT BECAUSE THEY WERE UNMARRIED, BUT

                    BECAUSE IT HAD BEEN A TRAUMATIC SITUATION, ALTHOUGH I BELIEVE THAT'S

                    PROBABLY VERY LIMITED.

                                 AND SO, I HAVE HAD A CHANGE OF HEART ON THIS MEASURE,

                    BECAUSE THE SOCIETY HAS CHANGED AND I THINK THERE PROBABLY MAY BE

                    SOME PEOPLE WHO ARE WELL INTO THEIR GOLDEN YEARS WHO I CAN'T LOOK INTO

                                         146



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THEIR -- THEIR HEART AND SOUL.  THEY MAY OR MAY NOT WISH TO BE FOUND.

                    BUT AS HAS BEEN MENTIONED BY THE SPONSOR, THE INTERNET HAS CHANGED

                    THINGS AND I AM AWARE OF THE FACT THAT PEOPLE WHO HAVE ALLEGEDLY BEEN

                    GRANTED SOME CONFIDENTIALITY THROUGH SPERM BANKS, KIDS ARE FINDING

                    EACH OTHER, THEIR HALF-SIBLINGS, SOMETIMES AN ASTONISHING NUMBER OF

                    HALF-SIBLINGS, ON THE INTERNET.  SO, I THINK THAT PEOPLE SHOULDN'T HAVE TO

                    HUNT AND PECK AND SEARCH EVERYWHERE, AND THAT THIS IS A BILL THAT'S SEEN

                    -- THAT ITS TIME HAS COME.

                                 SO THANK YOU, MR. SPEAKER, AND THANK YOU, MR.

                    WEPRIN.

                                 ACTING SPEAKER AUBRY:  MR. SMULLEN.

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

                    THE SPONSOR YIELD FOR ONE QUESTION, PLEASE?

                                 MR. WEPRIN:  I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN YIELDS.

                                 MR. SMULLEN:  THANK YOU.  MR. WEPRIN, COULD

                    YOU JUST RELAY, WHAT IS YOUR CONCERN FOR THE ADOPTEES' RIGHTS -- WHAT IS

                    THE IDEA BEHIND THIS BILL, AGAIN, PLEASE?

                                 MR. WEPRIN:  YOU KNOW, I LOOK AT IT AS A HUMAN

                    RIGHTS ISSUE.  I CAN'T TELL YOU HOW MANY THOUSANDS OF ADOPTEES HAVE

                    APPROACHED ME SINCE I'VE BEEN THE PRIME SPONSOR OF THIS BILL SINCE

                    2011, AND I'VE MET HUNDREDS, IF NOT THOUSANDS OF ADOPTEES AT DIFFERENT

                    -- DIFFERENT EVENTS.  AND THEY ACTUALLY FEEL THAT IT'S OUTRAGEOUS THAT A

                    PIECE OF PAPER THAT IS REALLY PART OF THEIR IDENTITY, ALMOST PART OF THEIR

                    DNA IN THEIR MIND, THAT THEY SHOULD NOT BE ENTITLED TO THAT PIECE OF

                                         147



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PAPER WHICH HAS IDENTIFYING INFORMATION ABOUT THEIR HISTORY.

                                 SO, I REALLY LOOK AT IT AS A HUMAN RIGHTS ISSUE THAT A

                    CITIZEN OF NEW YORK STATE, AND WE'RE TALKING ABOUT ADULT CITIZENS OF

                    NEW YORK STATE, WHO HAPPEN TO HAVE BEEN ADOPTED THROUGH NO FAULT OF

                    THEIR OWN, SHOULD HAVE THE SAME RIGHT TO HAVE THEIR ORIGINAL BIRTH

                    CERTIFICATE AS SOMEONE WHO IS NOT ADOPTED.

                                 MR. SMULLEN:  THANK YOU, MR. WEPRIN.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SMULLEN:  I COULDN'T AGREE MORE WITH MR.

                    WEPRIN'S ASSESSMENT FROM THE PERSPECTIVE OF ADOPTEES.  I THINK IT'S VERY

                    IMPORTANT TO REALIZE THAT THEY HAVE RIGHTS FROM BIRTH AND THAT THOSE

                    RIGHTS, WHEN THEY ATTAIN THEIR MAJORITY AT 18, THAT THEY SHOULD HAVE THE

                    ACCESS TO THEIR GENETIC CODE JUST LIKE ANYBODY ELSE IN -- IN NEW YORK

                    DOES.

                                 AND WE LIVE IN A MODERN TECHNOLOGICAL SOCIETY WITH

                    THINGS LIKE 23ANDME AND ANCESTRY.COM, AND IT'S VERY IMPORTANT THAT

                    PEOPLE KNOW WHAT THEIR CODE -- THEIR GENETIC CODE SAYS ABOUT

                    THEMSELVES.  AND WHAT WE'VE GOT HERE IN NEW YORK IS, UNFORTUNATELY,

                    AN ANTIQUATED SYSTEM THAT'S WORKED VERY WELL, IT'S A VERY LEGALISTIC

                    SYSTEM BASED ON OUR VERY EFFICIENT RULE OF LAW THAT SIMPLY NEEDS TO BE

                    CHANGED.  AND, AS SUCH, I THINK THE ADOPTEES' RIGHTS THAT WE'RE

                    DISCUSSING HERE TODAY SHOULD BE PUT PARAMOUNT AND THAT WE WORRY

                    ABOUT SOME OF THE OTHER PRIVACY CONCERNS, THAT ARE VERY LEGITIMATE, BUT

                    WE MAKE SURE THAT THE EXCEPTION DOES NOT PROVE THE RULE AND THAT WE

                                         148



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MOVE FORWARD SMARTLY ON THIS.

                                 AND I WOULD URGE ALL OF MY COLLEAGUES AND ALL OF THE

                    MEMBERS OF THE ASSEMBLY TO DO SO AND VOTE IN THE AFFIRMATIVE.  THANK

                    YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. MONTESANO.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN, WILL YOU

                    YIELD?

                                 MR. WEPRIN:  I'D BE HAPPY TO.

                                 MR. MONTESANO:  JUST TWO BASIC QUESTIONS.

                    COULD YOU TELL US WHAT'S THE DIFFERENCE IN THE INFORMATION THAT'S

                    CONTAINED ON THE LONG FORM BIRTH CERTIFICATE VERSUS THE SHORT FORM THAT

                    PEOPLE GET ROUTINELY WHEN THEY APPLY FOR A COPY OF THEIR BIRTH

                    CERTIFICATE FROM THE REGISTRAR?

                                 MR. WEPRIN:  MY UNDERSTANDING IS THAT THE LONG

                    CERTIFICATE WILL ACTUALLY LIST THE NAMES OF THE BIOLOGICAL PARENTS.

                                 MR. MONTESANO:  WELL, I MEAN, THAT'S ON A

                    REGULAR BIRTH CERTIFICATE, ALSO, IT TELLS YOU THE NAME OF THE BIOLOGICAL

                    PARENTS, IT TELLS YOU THE TYPE OF EMPLOYMENT THEY HAD AT THE TIME OF THE

                    BIRTH.

                                 MR. WEPRIN:  WELL, YOU KNOW, IF SOMEONE'S

                    ADOPTED, THEIR BIRTH CERTIFICATE IS AMENDED TO ONLY LIST THE ADOPTIVE

                    PARENTS ON IT.  SO, THE BIOLOGICAL PARENTS ARE NOT LISTED --

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                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. MONTESANO:  NO, THAT PART I UNDERSTAND.

                                 MR. WEPRIN:  -- ON THE BIRTH CERTIFICATE.

                                 MR. MONTESANO:  THAT PART I UNDERSTAND, I'M JUST

                    TALKING ABOUT A REGULAR SITUATION FOR THE MOMENT.  YOU HAVE THE REGULAR

                    BIRTH CERTIFICATE THAT PEOPLE ROUTINELY GET AND IT HAS THEIR PARENT'S NAME

                    ON IT AND THE OCCUPATION OF THE PARENTS AT THAT TIME.  WHAT'S DIFFERENT

                    ON THE LONG FORM FROM THAT?  BECAUSE I NOTICE SOME OF THE CLAIMS

                    BEING MADE HAVE TO DO WITH HELPING THEM IF THERE'S ANY HEALTH ISSUES IN

                    THEIR FAMILY.  SO, WHAT'S ON THAT LONG FORM THAT ASSISTS THEM IN THAT

                    REGARD?

                                 MR. WEPRIN:  I'M NOT SURE, BUT THE LONG FORM I

                    UNDERSTAND GENERALLY HAS MORE INFORMATION THAN THE SHORT FORM.

                                 MR. MONTESANO:  OKAY.  AND WITH REGARD NOW TO

                    GOING FORWARD, WHEN THIS LAW COMES INTO EFFECT, GOING FORWARD, DO YOU

                    THINK THAT SINCE THEY'LL BE A DISCLOSURE AVAILABLE NOW, THAT THIS WOULD

                    HAVE A CHILLING EFFECT ON, YOU KNOW, PEOPLE WILLING TO PUT UP CHILDREN

                    FOR ADOPTION RATHER THAN ANY ALTERNATIVE MEANS?

                                 MR. WEPRIN:  I DO NOT.  I DO NOT.  YOU KNOW, TIMES

                    HAVE CHANGED, YOU KNOW, WITH THE -- WITH THE INTERNET, WITH PRIVATE

                    DETECTIVES, WITH DNA, WITH ALL THE SERVICES THAT ARE AVAILABLE ON THE

                    INTERNET, YOU KNOW, ADOPTED CHILDREN OR ADULTS WHO REALLY WANT TO FIND

                    THEIR BIOLOGICAL PARENTS AND THEY HAVE MEANS TO SPEND MONEY TO DO

                    THAT CAN DO THAT.  SO, I DON'T SEE HOW THIS MAKES A DIFFERENCE.

                                 BUT THERE'S ALSO SOMETHING ABOUT HAVING THAT ACTUAL

                    PIECE OF PAPER.  THERE'S BEEN A CAMPAIGN AMONG ADOPTEES IN THE STATE,

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                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IN THE COUNTRY, THAT THEY JUST WANT THAT PIECE OF PAPER BECAUSE IT

                    BELONGS TO THEM.  IT IDENTIFIES THEM AND WHY SHOULD THEY -- WHY SHOULD

                    THE GOVERNMENT HIDE THAT DOCUMENT, THAT PIECE OF PAPER THAT IS

                    PROBABLY MORE IMPORTANT TO THEM THAN SOMEBODY THAT'S NOT ADOPTED

                    WHO PROBABLY DOESN'T CARE AS MUCH.  I DON'T KNOW WHEN THE LAST TIME I

                    SAW MY BIRTH CERTIFICATE WAS, AND I DIDN'T HAVE THAT BIOLOGIC -- THAT

                    URGENT NEED TO SEE THAT BIRTH CERTIFICATE.  BUT PEOPLE THAT ARE ADOPTED,

                    AND IT'S NOT EVERYBODY, THERE'S NO UNANIMITY, BUT I WOULD SAY MOST OF

                    THE PEOPLE THAT ARE ADOPTED THAT I'VE SPOKEN TO REALLY FEEL THAT THAT

                    PIECE OF PAPER IS AN IMPORTANT INFORMATION ABOUT THEM, THAT REALLY

                    SHOULD BELONG TO THEM, AND THEY JUST WANT THAT PIECE OF PAPER.

                                 MR. MONTESANO:  THANK YOU.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. HUNTER.

                                 MS. HUNTER:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. HUNTER:  I DIDN'T KNOW IF I WOULD STAND UP AND

                    SPEAK TODAY, AND I THINK MOST OF THE MAJORITY MEMBERS OF THE

                    CONFERENCE KNOW THAT I MYSELF AM AN ADOPTEE, AND THAT THIS BILL WOULD

                    HELP ME.  NEARLY 50 YEARS I NEVER THOUGHT THAT THIS WOULD BE

                    SOMETHING I WOULD EVER KNOW OR EVEN VOTE ON.  BUT THIS ISN'T ABOUT ME.

                    IMAGINE YOU HAVE A CHILD AND YOU CAN'T TELL THEM IF THEY HAVE A

                    PREDISPOSITION FOR CANCER, OR DIABETES, KIDNEY DISEASE, HIGH BLOOD

                    PRESSURE, HEART DISEASE, AND THE ONLY WAY THAT YOU COULD GET GENETIC

                                         151



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HISTORY IS IF YOU YOURSELF WERE SO ILL AND HAD MEANS TO HAVE MONEY TO

                    GET A LAWYER, TO ADVOCATE AND GO TO COURT TO GET THIS INFORMATION AND

                    HOPEFULLY MAYBE GET IT.  THAT'S MY SON.  HE SHOULD BE ABLE TO KNOW IF

                    THERE IS SOME GENETIC DISPOSITION THAT HE NEEDS TO BE WORRIED ABOUT.

                    AND THAT'S THOUSANDS OF OTHER CHILDREN ACROSS NEW YORK STATE.

                                 WE'RE TALKING ABOUT A LAW FROM THE 1930'S AND IT'S

                    HARD FOR ME TO EVEN IMAGINE STANDING HERE TODAY AS A BLACK WOMAN

                    WHEN IN 1930, I WOULD NOT BE ABLE TO STAND HERE.  WE STILL DID NOT HAVE

                    CIVIL RIGHTS.  GAYS STILL COULD NOT BE MARRIED.  WE DID NOT HAVE

                    PROTECTIONS FOR WOMEN AND FOR MINORITIES.  AND SO TO THINK WE WOULD

                    STAND ON A LAW FROM THE '30S IS REGRESSIVE TO ME.

                                 AND WE TALK ABOUT THE RIGHTS OF BIRTH MOTHERS, AND I

                    GET IT.  I GET IT.  BUT I'VE HAD MANY CONVERSATIONS WITH BIRTH MOTHERS

                    WHO'VE CALLED MY OFFICE AND NOT ONE OF THEM HAVE SAID TO ME, PLEASE

                    DON'T DO THIS, PLEASE DON'T OPEN THIS UP AND VOTE SO THAT SOMEBODY WILL

                    -- WILL COME AND FIND ME.  THEY HAVE TOLD ME STORIES OF, I DIDN'T KNOW,

                    IT HAPPENED SO FAST.  I WAS YOUNG.  THE NEXT THING I KNEW SOMEBODY

                    SIGNED A PIECE OF PAPER AND THEY JUST TOOK MY BABY FROM ME.

                                 WE HAVE MENTIONED SEVERAL TIMES IN THE PAST 48

                    HOURS, WE HAVE DONE HISTORIC THINGS IN THIS CHAMBER.  I'VE HEARD IT ON

                    MANY BIG BILLS THAT WE HAVE VOTED ON IN THE PAST SEVERAL DAYS.  THIS

                    TRULY IS HISTORIC.  IT IS RIGHTING A HISTORIC WRONG.  IT IS GETTING US UP TO

                    THE TURN OF THE CENTURY.  WE ARE BEHIND.  AND AS MANY HAVE SAID, YES,

                    YOU CAN GO TO ANCESTRY AND 23ANDME AND HIRE A PRIVATE INVESTIGATOR,

                    PEOPLE SOMETIMES DON'T HAVE MEANS TO BE ABLE TO DO THAT, QUITE

                                         152



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FRANKLY, AND RELATIVE TO GOING TO THE ADOPTION REGISTRY -- I KNOW ABOUT

                    THAT ADOPTION REGISTRY, AND LET ME TELL YOU, I'M STILL WAITING FOR THE

                    INFORMATION BACK FROM THE STATE, QUITE HONESTLY, RELATIVE TO THE RECEIPT

                    THAT I HAD MAILED WITH THE MONEY THAT I SENT.  THAT'S ARCHAIC.  WE'RE

                    TALKING ABOUT A PAPER SYSTEM.

                                 THE PEOPLE OF NEW YORK DESERVE BETTER THAN THIS.

                    ADOPTEES IN THE STATE OF NEW YORK DESERVE BETTER THAN THIS.  BIRTH

                    MOTHERS IN NEW YORK DESERVE BETTER THAN THIS AND I IMPLORE ALL OF MY

                    COLLEAGUES TO STAND ON COURAGE AND IF YOU THINK THAT YOU'RE PROTECTING

                    SOMEONE WHO IS LITERALLY A SENIOR CITIZEN TODAY, WHO RIGHT NOW, TODAY,

                    MY BIRTH MOTHER IS PROBABLY ONE STEP CLOSER TO THE GRAVE THAN BIRTH,

                    SAYING, LET THEM HAVE THE OPPORTUNITY TO TELL ME NO.  YOU SHOULDN'T TELL

                    ME NO.  LET THEM TELL ME NO.

                                 I'M ASKING EVERYONE TO VOTE IN THE AFFIRMATIVE AS I

                    WILL BE DOING TODAY.  I WOULD LIKE TO THANK THE SPONSOR, DAVID WEPRIN,

                    WHO HAS BEEN VERY VIGILANT IN HIS EFFORT.  I'D LIKE TO THANK SPEAKER

                    HEASTIE WHO HAS LISTENED TO ME BOTHER HIM ABOUT THIS BILL DAY AFTER DAY

                    AFTER DAY AFTER DAY.  AND I WOULD LIKE TO THANK THE PEOPLE WHO HAVE

                    COURAGE, WHO WERE ABLE TO SPEAK UP TODAY AND FOR MINDS WHO WERE

                    CHANGED AND FOR PEOPLE WHO MAY NOT BE ABLE TO GET THERE TODAY, BUT

                    KNOW THAT THERE'S LOTS OF PEOPLE OUT THERE COUNTING ON YOU TO HELP

                    THEM, TO DO THE RIGHT THING.  THANK YOU.

                                 (APPLAUSE)

                                 MR. DIPIETRO.

                                 MR. DIPIETRO:  THANK YOU, MR. SPEAKER.  BEFORE I

                                         153



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    START, I WOULD LIKE TO APPLAUD OUR ASSEMBLYMAN -- ASSEMBLYWOMAN.

                    AND BEFORE I GET INTO MY STORY, WOULD THE SPONSOR YIELD FOR A COUPLE

                    QUESTIONS?

                                 MR. WEPRIN:  HAPPY TO.

                                 MR. DIPIETRO:  THANK YOU, MR. WEPRIN.  I DON'T

                    KNOW IF YOU REMEMBER, SEVEN YEARS WHEN I CAME INTO THIS CHAMBER, I

                    THINK MY VERY FIRST PRESS CONFERENCE WAS ON ADOPTEE RIGHTS.  AND I

                    STOOD WITH THE SENATOR, I THINK YOU MIGHT HAVE BEEN THERE, I DON'T

                    KNOW WHO WAS, BUT ON THE HEALTH, COULD YOU EXPLAIN A LITTLE BIT ABOUT

                    THE HEALTH, BEING ABLE TO LOOK INTO THE HEALTH RECORDS ONCE THIS BILL

                    PASSES, HOW THEY'LL BE ABLE TO LOOK INTO HEALTH?

                                 MR. WEPRIN:  WELL, YOU KNOW, MANY OF US, MYSELF

                    INCLUDED, HAVE OFTEN BEEN IN AN EMERGENCY SITUATION AND IF YOU HAVE TO

                    GO TO AN EMERGENCY ROOM IN THE HOSPITAL, THE FIRST QUESTION IS ALWAYS

                    ASKED IS DO YOU HAVE ANY FAMILY HISTORY WITH CANCER, HEART DISEASE,

                    DIABETES.  AND IF YOU'RE AN ADOPTED PERSON IN NEW YORK STATE, YOU

                    DON'T KNOW THE ANSWER TO THAT BASED ON THE DNA -- OR BASED ON YOUR

                    BIOLOGICAL PARENTS.  SO, IT'S VERY IMPORTANT TO KNOW THAT IN CASE OF

                    EMERGENCY SITUATION.

                                 BUT I ACTUALLY HAVE ONE OF OUR ADOPTEE ADVOCATES

                    FROM POUGHKEEPSIE -- POUGHKEEPSIE, NEW YORK WHO ACTUALLY HAD

                    GIVEN UP A CHILD FOR ADOPTION.  SHE WAS, I THINK, A 16-YEAR-OLD UNWED

                    MOTHER AND SHE GAVE UP THE CHILD FOR ADOPTION AND HER -- SHE LATER

                    REMARRIED THE FATHER OF THE CHILD AND THEN THAT FATHER OF THE CHILD DIED,

                    HER HUSBAND DIED OF A MASSIVE HEART ATTACK WHEN HE WAS 40 YEARS OLD.

                                         154



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND HE LATER FOUND OUT THAT HIS FATHER HAD ALSO -- OR SHE FOUND OUT THAT

                    HIS FATHER HAD ALSO DIED OF A MASSIVE HEART ATTACK AROUND 40 AND, HER

                    SON THAT SHE GAVE UP FOR ADOPTION WAS APPROACHING THE AGE OF 40.  AND

                    SHE WAS ACTUALLY A WOMAN OF MEANS AND SHE HIRED A PRIVATE

                    INVESTIGATOR, AND SHE WAS IN POUGHKEEPSIE, NEW YORK.  SHE LOCATED

                    THE SON, THE SON THAT SHE GAVE BIRTH TO 38, 39 YEARS AGO, AND SHE FOUND

                    HIM IN CALIFORNIA.  SHE RECONCILED WITH HIM AND TOLD HIM ABOUT THE

                    FAMILY HISTORY OF HEART ISSUES AND HEART ATTACKS, AND HE HAS BEEN UNDER

                    THE CARE OF A CARDIOLOGIST WHICH HE NORMALLY WOULD NOT HAVE BEEN IN

                    HIS LATE 30'S, AND MY UNDERSTANDING IS THAT HE'S DOING WELL MEDICALLY.

                                 MR. DIPIETRO:  THANK YOU VERY MUCH, MR. WEPRIN,

                    I APPRECIATE IT.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    DIPIETRO.

                                 MR. DIPIETRO:  I WANT TO APPLAUD THE SPONSOR

                    TREMENDOUSLY.  THIS IS WAY, WAY OVERDUE.  MY BEST FRIEND FOUND OUT

                    TEN YEARS AGO HE WAS ADOPTED AND WHEN HIS PARENTS DIED - AND HE HAD A

                    TOUGH TIME WITH THAT - AND ONE OF THE BIGGEST ISSUES WAS HIM FINDING

                    HEALTH RECORDS EVEN THOUGH HE HAD BEEN ADOPTED AT BIRTH AND HE HAD ALL

                    HIS RECORDS FROM CHILDBIRTH, BUT HE COULDN'T FIND OUT THE HISTORY.  AND

                    JUST TWO YEARS AGO HE WAS REUNITED WITH HIS FAMILY AND HE GOT TO SEE

                    HIS TWO BROTHERS, HE FOUND OUT HE HAD TWO BROTHERS, AND HE WAS GOING

                    TO MEET HIS MOTHER.  AND IT WAS REALLY EMOTIONAL.  HE HAD MET HIS

                    BROTHERS, BUT HIS SISTER WAS ABOUT 40 MILES AWAY SO THEY WERE GOING TO

                                         155



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MEET THE NEXT WEEK.  ON THE WAY TO MEET HER AND SHE MEETING HIM, SHE

                    GOT HIT AND KILLED IN A CAR ACCIDENT.  SO, HE NEVER GOT TO MEET HER AND --

                    EXCEPT AT THE FUNERAL.  AND TO -- I'VE BEEN ADVOCATING FOR HIM FOR TEN

                    YEARS AND WHEN I CAME HERE SEVEN YEARS AGO, IT WAS THE FIRST PRESS

                    CONFERENCE I DID, WAS TO STAND WITH ADOPTEE RIGHTS.  AND I'M SO HAPPY

                    AND EMOTIONAL FOR HIM TODAY THAT HE CAN GET THIS AND HE CAN GO BACK

                    NOW AND FIND THE HISTORY.  HE'S MET HIS FAMILY, IT'S A GREAT REUNION.

                                 AND ONE THING WE OVERLOOK IS THE FACT THAT I MET A

                    MOTHER WHO GAVE UP HER CHILD FOR ADOPTION AND 30 YEARS LATER CRIED

                    ABOUT IT BECAUSE SHE WANTS TO FIND HER CHILD BUT SHE DOESN'T THINK HER

                    CHILD WANTS TO FIND HER, AND WE FORGET THAT A LOT OF TIMES IT'S THE

                    MOTHERS WHO ARE IN GRIEF HERE, ALSO.  IT'S NOT THE CHILD LOOKING FOR

                    HISTORY OR LOOKING FOR THEIR PARENTS, IT'S ALSO THE MOTHER.

                                 AND TODAY, I'LL BE VOTING IN THE AFFIRMATIVE.  I'M

                    EXTREMELY EXCITED.  I WANT TO THANK MR. WEPRIN FOR KEEPING THIS GOING,

                    MR. MONTGOMERY IN THE SENATE AND THE SPEAKER FOR ALLOWING THIS TO

                    FINALLY HAPPEN.  SO THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. WALLACE.

                                 MS. WALLACE:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MS.

                    WALLACE.

                                 MS. WALLACE:  I JUST RISE TO ADD MY VOICE TO -- TO

                    THE COMMENTS THAT WERE MADE HERE EARLIER, ESPECIALLY THE COMMENTS

                                         156



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT WERE MADE BY MY COLLEAGUE, PAM HUNTER, WHO SO ELOQUENTLY AND

                    PASSIONATELY REALLY IDENTIFIED THE WAY AN ADOPTED CHILD FEELS, AND I CAN

                    SAY THAT AS -- AS AN ADOPTED CHILD MYSELF.

                                 YOU KNOW, REALLY, IT WASN'T UNTIL I WAS READY TO HAVE A

                    CHILD MYSELF THAT I REALLY BECAME CURIOUS ABOUT MY HISTORY, BECAUSE

                    EVEN THOUGH I KNEW ABOUT BEING ADOPTED SINCE, YOU KNOW, AS OLD AS I

                    WAS -- SINCE I WAS A YOUNG CHILD, IT WASN'T UNTIL I THOUGHT ABOUT

                    BECOMING PREGNANT AND THOUGHT ABOUT WHAT THAT WOULD MEAN IN TERMS

                    OF MY MEDICAL HISTORY.  WOULD -- WOULD THERE BE ANYTHING THAT I

                    NEEDED TO WORRY ABOUT?  WOULD THERE BE ANYTHING I NEEDED TO WORRY

                    ABOUT WITH MY OWN CHILD?  THAT'S WHEN I REALLY STARTED THINKING ABOUT

                    WANTING TO KNOW ABOUT WHO MY BIRTH PARENT WAS.  AND I CAN TELL YOU

                    THAT AS BETWEEN NOT KNOWING ANYTHING AT ALL AND THIS BILL, WHILE IT

                    MIGHT, IN THE RARE CASE, CAUSE SOME TRAUMA FOR SOMEBODY WHO WANTED

                    TO PUT THAT BEHIND THEM AND FORGET, I THINK IN MOST SITUATIONS, EVEN IF

                    THE PERSON HAD THE CHILD WHEN THEY WERE YOUNGER, A LOT HAPPENS IN THE

                    20 OR 30 OR 40 YEARS AFTERWARD WHEN THIS PERSON DECIDES THAT THEY WANT

                    TO FIND THEIR BIRTH PARENT.  AND -- AND THEY MIGHT NOT EVEN FEEL THE WAY

                    THEY DID SO MANY YEARS AGO WHEN THEY FIRST GAVE THE CHILD UP.

                                 SO EVEN THOUGH THERE MIGHT BE THOSE RARE OCCASIONS

                    WHERE IT MIGHT CAUSE SOME EMOTIONAL UPSET FOR SOMEONE WHO -- WHO

                    WANTED TO PUT THAT PAST BEHIND THEM, I THINK IN MOST CASES THAT WON'T

                    BE TRUE AND, MORE IMPORTANTLY, AS BETWEEN THE INTERESTS INVOLVED, IT IS

                    REALLY PARAMOUNT THAT WE GIVE THESE ADOPTED CHILDREN THE OPPORTUNITY

                    TO LEARN ABOUT THEIR HISTORY AND LEARN ABOUT, IN PARTICULAR, ANY MEDICAL

                                         157



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    COMPLICATIONS THAT THEY NEED TO KNOW ABOUT.

                                 SO FOR THAT REASON, I WILL BE SUPPORTING THE BILL AND I

                    ENCOURAGE MY COLLEAGUES TO DO THE SAME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    WALLACE.

                                 MR. REILLY.

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

                    TO JUST SPEAK ON THE BILL, IF I CAN.

                                 ACTING SPEAKER AUBRY:  PLEASE, SIR.

                                 MR. REILLY:  I WANT TO PAY HOMAGE TO A FORMER

                    MEMBER OF THE ASSEMBLY, JOE BORELLI, WHO HELD MY SEAT.  HE SPOKE

                    VERY PASSIONATELY ABOUT THIS BILL AND ABOUT THE NEED AS AN ADOPTEE HOW

                    THIS WOULD IMPACT HIS LIFE.  AND I AM PROUDLY GOING TO VOTE IN THE

                    AFFIRMATIVE AND I JUST WANTED TO ACKNOWLEDGE HIS EFFORTS AND MR.

                    WEPRIN FOR ALL HIS ADVOCACY ON THIS ISSUE.  AND ON BEHALF OF JOE

                    BORELLI, THANK YOU TO HIS FORMER COLLEAGUES.  THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. THIELE.

                                 MR. THIELE:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. THIELE:  I HAVE BEEN AN ARDENT SUPPORTER OF

                    THIS BILL NOW FOR MANY, MANY YEARS, BUT I'M ALWAYS RELUCTANT TO SPEAK

                    ABOUT IT BECAUSE I HAVE NO PERSONAL EXPERIENCE WHEN IT COMES TO THE

                    ISSUE OF ADOPTION.  SO, I'M ALWAYS RELUCTANT TO SPEAK ABOUT IT.  AND

                                         158



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AFTER LISTENING TO PAM HUNTER TODAY, GETTING UP TODAY, I WAS EVEN MORE

                    RELUCTANT TO SPEAK ABOUT IT AFTER HEARING HER COMPELLING REMARKS ABOUT

                    THIS LEGISLATION.

                                 IT'S A SIMPLE BILL ON ITS FACE.  YOU LOOK UP ON THE

                    BOARD:  ESTABLISHES THE RIGHT OF ADOPTEES TO RECEIVE A CERTIFIED COPY OF

                    THEIR BIRTH CERTIFICATE UPON REACHING THE AGE OF 18.  IT'S A SIMPLE BILL.

                    IT'S, AS WAS SAID BEFORE, IT'S -- IT'S AN IDEA WHOSE TIME IS LONG OVERDUE.

                    IT'S DECADES OVERDUE.  AND, YOU KNOW, WE'VE HEARD, YOU KNOW, ALL OF

                    THE LEGALITIES AND THE LEGAL REASONS, BUT ULTIMATELY THIS BILL IS ABOUT

                    PEOPLE AND PEOPLE'S RIGHTS.

                                 AND WHILE I PERSONALLY DON'T HAVE ANY EXPERIENCE

                    WITH THIS IN MY -- IN MY LIFE AND MY FAMILY, AND IT'S HARD TO PUT

                    YOURSELF IN THAT POSITION AND UNDERSTAND THE FEELINGS, THERE IS A WOMAN

                    IN MY HOMETOWN, HER NAME IS LORRAINE DUSKY, WHO WAS A BIRTH

                    MOTHER AND GAVE UP HER BABY IN 1966.  AND SHE HAS BEEN AN ADVOCATE

                    FOR THIS BILL FOR DECADES.  SHE'S A WRITER, SHE'S TOLD HER STORY.  SHE HAD A

                    PIECE THAT WAS IN THE ALBANY TIMES UNION JUST LAST WEEK THAT I TRIED TO

                    SHARE WITH ALL OF MY COLLEAGUES HERE.  AND TO ME, THAT'S WHAT THIS BILL

                    IS ABOUT, IT'S ABOUT PEOPLE AND ABOUT PEOPLE, SURE, HAVING THEIR RIGHT TO

                    THEIR HEALTH INFORMATION AND TO GENETICS AND ALL OF THAT, BUT IT'S THEIR

                    RIGHT TO BE WHOLE, TO KNOW EVERYTHING THEY NEED TO KNOW AND WANT TO

                    KNOW ABOUT THEMSELVES AND WHERE THEY CAME FROM, THE CIRCUMSTANCES

                    OF THEIR BIRTH.

                                 AND, YOU KNOW, I OFTEN WONDER AS WE'RE SITTING HERE

                    AND WE'RE DELIBERATING WHETHER ANYBODY WATCHES US ON TV.  BUT I

                                         159



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    KNOW TODAY THERE'S A LOT OF PEOPLE WATCHING THIS ON TV, PEOPLE THAT

                    HAVE ADVOCATED FOR THIS BILL, LORRAINE IS ONE OF THEM.  AND ALL I CAN SAY

                    IS IT'S NEVER TOO LATE TO DO THE RIGHT THING.  AND FOR SOME OF THE OTHER

                    ISSUES THAT ARE COMING UP BEFORE US BEFORE WE GET TO GO HOME, I SHOULD

                    POINT OUT THAT IT'S NEVER TOO EARLY TO DO THE RIGHT THING, EITHER.

                                 (LAUGHTER)

                                 SO TODAY WE DO THE RIGHT THING AND I COULDN'T BE

                    HAPPIER AND MORE THRILLED FOR MY FRIEND, LORRAINE, IN SAG HARBOR, AND I

                    WILL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RAIA:  MANY OF YOU MET MY MOTHER A COUPLE OF

                    WEEKS AGO.  IT'S NO SECRET, I'VE TALKED ABOUT HER MANY TIMES, SHE'S A

                    TOWN CLERK.  ONE OF THE JOBS OF A TOWN CLERK IS TO MAINTAIN BIRTH

                    CERTIFICATES.  AND SHE'S TOLD ME OVER THE LAST 38 YEARS ONE OF THE MOST

                    TROUBLING AND DISHEARTENING THINGS SHE HAS TO DO IS TELL SOMEBODY

                    WHO'S SEARCHING FOR THEIR PARENTS, AND SHE'S GOT THAT INFORMATION, AND

                    SHE CAN'T GIVE IT OVER.  SO, DAVID, JOB WELL DONE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JANUARY 15,

                    2020.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                         160



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

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

                    ME, THIS HAS ALWAYS BEEN A QUESTION OF A FUNDAMENTAL HUMAN RIGHT THAT

                    IF THE GOVERNMENT HAS INFORMATION SO PROFOUNDLY IMPORTANT AS ONE'S

                    BIRTH HISTORY, NO GOVERNMENT HAS THE RIGHT TO KEEP THAT FROM YOU.  AND

                    THAT'S WHAT THIS BILL IS BASICALLY ALL ABOUT.  AND, FORTUNATELY, EXPERIENCE

                    TEACHES THAT WHEN PEOPLE GET THIS INFORMATION, WHEN THERE ARE

                    REUNIONS, THEY ARE OVERWHELMINGLY, ENORMOUSLY EMOTIONALLY POSITIVE

                    ON BOTH SIDES.  I MAINLY WANT TO COMMEND THE SPONSOR OF THE BILL FOR

                    HIS PERSISTENCE AND LONG-TERM DEDICATION TO THIS ISSUE AND OFTEN TAKING

                    SOME SLINGS AND ARROWS ON THIS ISSUE, BUT ALWAYS KEEPING HIS EYE ON

                    THE BALL AND MOVING FORWARD, AND WE'RE DOING SOMETHING VERY GOOD

                    TODAY AS A RESULT AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ.

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

                    ME TO EXPLAIN MY VOTE.  I ALSO, TOO, WOULD LIKE TO COMMEND THE

                    SPONSOR OF THIS PIECE OF LEGISLATION.  THIS IS -- THIS IS OPENING A NEW

                    CHAPTER AND CLOSING AN OLD ONE.  A NEW CHAPTER FOR THOSE WHO ARE

                    REALLY LOOKING FOR -- TO KNOW WHO THEIR REAL MOTHER, FATHERS ARE.  I'VE

                    BEEN TO SO MANY OF THESE PRESS CONFERENCES AND I WOULD LIKE TO THANK

                    THE ADVOCATES AND THOSE FOLKS WHO HAVE BEEN CONSISTENTLY VISITING AND

                    CALLING OUR OFFICE, FOR GIVING US THE OPPORTUNITY TO STAND UP HERE TODAY

                    TO BRING WHAT I DO BELIEVE IS JUST A RIGHT FOR THEM TO HAVE.  AND I WILL

                    BE VOTING ON THE AFFIRMATIVE, MR. SPEAKER, AND I ALSO WOULD LIKE TO

                    THANK THE SPEAKER FOR GIVING US THE OPPORTUNITY THAT WE HAVE TODAY.

                                         161



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND I ALSO WOULD LIKE TO THANK ALL MY COLLEAGUES WHO HAVE EXPRESSED

                    THEIR PERSONAL OPINION AND PERSONAL EXPERIENCES ABOUT THIS ISSUE

                    BECAUSE AS WE SPEAK TODAY, 2019, MR. SPEAKER, WHEN I LEFT PUERTO

                    RICO IN 1980, IN 1969 WAS TWO OF MY COUSINS THAT WAS TAKEN AWAY AND

                    WE STILL DON'T KNOW WHO THEY ARE.  AND I HOPE THAT IF THEY'RE LOOKING TO

                    ME RIGHT NOW, THEY WILL BE ABLE TO REALIZE THAT I'M THEIR COUSIN AND I'M

                    FELIX ORTIZ AND THEY USED TO CALL ME UNI, SO I HOPE THAT THEY'LL BE ABLE

                    TO FIND ME.  THANK YOU AND MAY GOD BLESS YOU AND GOOD LUCK.

                    CONGRATULATIONS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ IN THE

                    POSITIVE.

                                 MRS. BARRETT.

                                 MRS. BARRETT:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO EXPLAIN MY VOTE.  WHEN THIS BILL FIRST CAME TO THE FLOOR

                    A COUPLE YEARS AGO, I SHARED THE STORY THAT I AM THE MOTHER OF AN

                    ADOPTED CHILD.  MY DAUGHTER WAS BORN IN RUSSIA.  SHE WAS BORN IN

                    1992 -- SHE WAS BORN IN 1991, WE ADOPTED HER IN 1992.  THERE'S NO

                    WAY IN THE WORLD THAT ANY OF THAT INFORMATION IS AVAILABLE FOR US AND

                    FOR HER.  SO, THE FACT THAT NEW YORK CONTINUE TO KEEP THIS KIND OF

                    INFORMATION FROM CHILDREN WAS REALLY, REALLY HORRIFYING TO ME.  SO I

                    THANK THE SPONSOR FOR HIS -- HIS DOGGEDNESS AND HIS CONTINUED SUPPORT

                    AND FOR ALL THE ADVOCATES THAT THIS IS A LONG OVERDUE MOMENT AND I'M

                    VERY PROUD TO VOTE IN THE POSITIVE.

                                 ACTING SPEAKER AUBRY:  MRS. BARRETT IN THE

                    AFFIRMATIVE.

                                         162



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. SEAWRIGHT.

                                 MS. SEAWRIGHT:  THANK YOU, MR. SPEAKER.  I RISE

                    TODAY IN SUPPORT OF THIS LEGISLATION AND CAST MY VOTE IN HONOR OF A VERY

                    SPECIAL CONSTITUENT NAMED JOYCE BAHR WHO HAS DEVOTED HER LIFE TO

                    FIGHTING FOR THIS LEGISLATION.  SHE IS THE CO-FOUNDER AND FORMER

                    PRESIDENT OF THE NEW YORK STATEWIDE ADOPTION REFORMS UNSEALED

                    INITIATIVE.  SO TODAY I'M PROUD TO CAST MY VOTE IN THE AFFIRMATIVE

                    AND I THANK THE BILL'S SPONSOR.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT IN THE

                    AFFIRMATIVE.

                                 MR. CARROLL.

                                 MR. CARROLL:  THANK YOU, MR. SPEAKER.  FIRST, I

                    WANT TO THANK THE SPONSOR FOR HIS YEARS OF HARD WORK IN SHEPHERDING

                    THIS BILL TO THE FLOOR TODAY.  I ALSO WANT TO THANK ALL OF THE AMAZING

                    ADVOCATES WHO ADVOCATED ON BEHALF OF PASSING THIS LEGISLATION, A CLEAN

                    BILL WHICH WILL ALLOW FOR INDIVIDUALS IN NEW YORK TO SELF-ACTUALIZE,

                    SELF-IDENTIFY AND BE ABLE TO HAVE THE SAME KIND OF PERSONAL DOCUMENTS

                    THAT EVERY OTHER NEW YORKER IS ABLE TO GET.  THIS IS A BILL THAT IS BASED

                    AROUND FAIRNESS, COMMON SENSE AND DECENCY.  AND I MOST ESPECIALLY

                    WANT TO THANK A CONSTITUENT OF MINE, TIM MONTE WALPOT (PHONETIC), A

                    MAN I MET THREE YEARS AGO.  I KNEW NOTHING OF THIS ISSUE AND WITHOUT

                    HIS TENACITY, HIS ZEAL, HIS DEDICATION, I DON'T THINK THAT WE WOULD BE

                    VOTING ON THIS BILL TODAY, SO I THANK HIM AND SO MANY OTHERS ADVOCATES

                    WHO MADE THIS POSSIBLE AND WHO MAKE SO MUCH POSSIBLE OF WHAT WE

                    DO HERE IN THE STATE ASSEMBLY.  SO, I WITHDRAW MY REQUEST TO ABSTAIN

                                         163



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND VOTE IN THE AFFIRMATIVE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. CARROLL IN THE

                    AFFIRMATIVE.

                                 MS. DE LA ROSA.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I WANT TO COMMEND THE SPONSOR OF THIS LEGISLATION,

                    FOR HIS TENACITY ON THIS PIECE OF LEGISLATION.  I KNOW IT'S A LOT OF YEARS IN

                    THE MAKING.  IT'S NO SECRET THAT I WAS NOT BORN IN THIS COUNTRY, I WAS

                    BORN IN THE DOMINICAN REPUBLIC, BUT SOME OF MY COLLEAGUES MAY NOT

                    KNOW THAT I, TOO, AM AN ADOPTEE.  AND THE REASON THAT I WAS ABLE TO

                    FIND MY SIBLINGS WAS BECAUSE I DID HAVE A PIECE OF PAPER THAT HAD MY

                    MOTHER'S BIOLOGICAL -- MY BIOLOGICAL MOTHER'S NAME ON IT.  AND IT WAS

                    AN ADOPTION PAPER FROM THE DOMINICAN REPUBLIC.  AND I WANT TO STAND

                    IN SOLIDARITY NOT ONLY WITH MY COLLEAGUES WHO HAVE SHARED THEIR STORY

                    HERE, BUT WITH THE ADOPTEES THAT ARE HERE WITH US TODAY BECAUSE

                    SOMETIMES WE COULD BE IN A ROOM FULL OF PEOPLE AND STILL FEEL LIKE NO

                    ONE IS WITH YOU WHEN YOU DON'T KNOW WHERE YOU COME FROM.  AND

                    WHEN YOU HAVE THAT INFORMATION THAT IS SO VITAL FOR MEDICAL DECISIONS,

                    FOR DECISIONS ABOUT YOUR FAMILY PLANNING PROCESS, IT HELPS AND IT BRINGS

                    CLOSURE.

                                 SO, I WANT TO CONGRATULATE THE ADVOCATES, I WANT TO

                    STAND IN SOLIDARITY WITH YOU AND I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA IN

                    THE AFFIRMATIVE.

                                 MR. LENTOL.

                                         164



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. LENTOL:  THANK YOU, MR. SPEAKER.  MANY OF

                    YOU KNOW THAT THIS BILL LANGUISHED IN CODES FOR A NUMBER OF YEARS, AND

                    I APOLOGIZE FOR THAT.  I JUST WANT TO SAY THAT AFTER LISTENING TO MANY OF

                    THE TALES THAT I HAVE OVER THE YEARS, AND IT WAS A GOOD EXPERIENCE FOR

                    ME HEARING A LOT FROM ADVOCATES WHO CAME TO MY OFFICE AND LOBBIED

                    THIS BILL AND LOBBIED IT VERY SUCCESSFULLY, AND I FELT SO GUILTY HAVING TO

                    TURN THEM AWAY MANY TIMES, BUT KNOWING ALL THE TIME THAT WHAT I WAS

                    LEARNING THAT -- ABOUT LIFE.  AND WHAT WE HAVEN'T SAID TODAY THAT THIS IS

                    TRULY A TRAGEDY AND A HUMAN STORY THAT WE NEED TO TELL, AND WE'RE

                    TELLING IT TODAY.  BECAUSE WHAT THIS IS REALLY ALL ABOUT IS A PERSON'S

                    PERSONAL HISTORY THAT GOVERNMENT HAS NO REASON OR NO RIGHT TO INTERFERE

                    WITH.

                                 AND SO, I'VE LISTENED, I'VE LEARNED, I'VE HEARD FROM MY

                    COLLEAGUES, THOSE WHO HAVE BEEN ADOPTED.  I'VE HEARD FROM SEVERAL

                    ADOPTEES OVER THE YEARS AND I KNOW, AND YOU CAN SEE, WITH ONLY TWO

                    RED LIGHTS UP THERE, THAT THE TIMES THEY HAVE REALLY CHANGED.  AND I AM

                    PROUD TO SAY THAT I HAVE CHANGED WITH THEM.  AND I WISH NOTHING BUT

                    THE BEST FOR ALL OF THE ADOPTEES BECAUSE NOW IT'S NOT REALLY OPENING A

                    PAGE, IT'S YOU WILL BE ABLE TO CLOSE A PAGE IN YOUR LIFE.  AND SO I GLADLY

                    CAST MY VOTE IN THE AFFIRMATIVE.

                                 (APPLAUSE)

                                 MS. FRONTUS.

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

                    SAY THAT I'M REALLY PROUD TO CAST MY VOTE IN SUPPORT OF THIS HISTORIC

                    LEGISLATION.  I'D LIKE TO THANK MY COLLEAGUE, MR. WEPRIN, FOR WORKING

                                         165



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    REALLY HARD ON THIS BILL.  YOU KNOW, I'M SITTING HERE AND I'M THINKING

                    ABOUT WHEN I LOST MY DAD IN 2008, AND IT'S REALLY SOMETHING BECAUSE HE

                    WAS ILL AND WE KNEW THAT HE DIDN'T HAVE A LOT OF TIME LEFT.  BUT I

                    REMEMBER, I'M JUST REALLY TRANSPORTED BACK IN TIME AND REMEMBERING

                    THAT MOMENT NOT ONLY WAS I MOURNING THE FACT THAT I KNEW HE WASN'T

                    GOING TO BE WITH US FOR A LONG TIME, BUT I ALSO MOURNED THE TIME THAT I

                    WOULD NO LONGER HAVE TO FIND OUT MORE ABOUT MY HISTORY AND OUR ROOTS

                    AND WHO I AM AS A PERSON.  AND IT'S JUST SOMETHING THAT IS JUST

                    INCREDIBLE TO ME THAT WE WOULD DENY THE OPPORTUNITY FOR HUMAN

                    BEINGS, FOR PEOPLE IN THE STATE OF NEW YORK TO JUST HAVE A PIECE OF

                    PAPER TO TELL THEM ABOUT WHO THEY ARE, WHERE THEY COME FROM AND WHO

                    THEIR PARENTS ARE.

                                 I ALSO JUST WANTED TO RISE AND SAY A FEW WORDS TO THE

                    ADVOCATES, BECAUSE I'VE BEEN VERY, VERY IMPRESSED WITH THE LEVEL OF

                    ADVOCACY THAT I'VE SEEN ON THEIR END, FROM SOCIAL MEDIA, FROM BEING ON

                    THE GROUND AS FOOT SOLDIERS, KNOCKING ON DOORS, MAKING CALLS, USING

                    EVERY TOOL AVAILABLE AT THEIR DISPOSAL.  AS A SOCIAL WORKER, WE'RE

                    KINDRED SPIRITS.  IT REALLY SPOKE TO MY HEART AND MY SENSIBILITIES.  I

                    WOULD LIKE TO THANK THEM, AND I WOULD ALSO LIKE TO APOLOGIZE TO ALL OF

                    THE ADOPTEES IN THE STATE OF NEW YORK FOR HAVING A POLICY IN PLACE LIKE

                    THIS THAT MADE YOU FEEL LESS THAN FOR SO MANY YEARS.  AND JUST, YOU

                    KNOW, TODAY WE'RE STANDING IN SOLIDARITY WITH YOU AND WE'RE CORRECTING

                    THAT WRONG.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. FRONTUS IN THE

                    AFFIRMATIVE.

                                         166



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. LAVINE.

                                 MR. LAVINE:  THANKS, MR. SPEAKER.  SO, TO MR.

                    WEPRIN FOR HIS TENACITY, THE SPONSOR, TO THE SPEAKER FOR HIS TENACITY, I

                    THINK WE FINALLY RECOGNIZE THAT A HUMAN BEING HAS THE RIGHT, THE HUMAN

                    RIGHT, AND NOW THE CIVIL RIGHT TO KNOW WHO THEY ARE AND HOW THEY GOT

                    HERE.  AND I WANT TO SAY SOMETHING ELSE, THAT THIS HAS BEEN A LONG, HARD

                    FOUGHT BATTLE THAT'S LASTED FOR MANY, MANY YEARS.  AND I THINK THAT WE

                    OUGHT TO TAKE A MOMENT TO REFLECT UPON AND TO ACKNOWLEDGE THE FACT

                    THAT DIVERSE LEGISLATURES, AND THIS IS A DIVERSE LEGISLATURE, ETHNICALLY,

                    ECONOMICALLY, HOWEVER ONE DESCRIBES RACIALLY, SOCIALLY, POLITICALLY, THE

                    MORE DIVERSE WE ARE AS A BODY, A DELIBERATIVE BODY, THE BETTER IN THE

                    END, EVEN THOUGH WE MAY BICKER, BUT THE BETTER IN THE END WILL BE THE

                    PRODUCT OF WHAT WE DO, THE GOALS THAT WE SEEK TO ACCOMPLISH.

                                 SO, I'M DELIGHTED TO VOTE IN THE AFFIRMATIVE FOR THIS,

                    BUT I THINK IT SHOULD, AGAIN, BE MENTIONED HOW EXTRAORDINARILY

                    IMPORTANT IT IS THAT WE, AS AMERICANS, BECAUSE WE ARE A DIVERSE NATION,

                    AND WE, AS NEW YORKERS, ARE A STATE OF TREMENDOUS DIVERSITY, OUR

                    DIVERSITY IS OUR STRENGTH.  I'M DELIGHTED TO VOTE IN THE AFFIRMATIVE.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE IN THE

                    AFFIRMATIVE.

                                 TO CLOSE, MR. WEPRIN.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  I HAVE A LOT OF THANK YOU'S.  THIS IS

                    AN EMOTIONAL DAY FOR ME, AS WELL, ALTHOUGH I AM NOT ADOPTED OR HAVE

                                         167



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NO -- WELL, I GUESS I HAVE SOME FAMILY MEMBERS, BUT NO IMMEDIATE

                    FAMILY MEMBERS THAT ARE ADOPTED.  SO, I DON'T HAVE THAT SAME STORY THAT

                    YOU HEARD FROM MANY OF MY COLLEAGUES.  BUT I HAVE LIVED WITH THIS BILL

                    SINCE 2011.  THERE HAVE BEEN MANY SPONSORS IN OUR HOUSE AND IN THE

                    SENATE OVER THE YEARS.  THE ONLY ONE I THINK WHO PROBABLY KNOWS ALL

                    OF THOSE SPONSORS AND THE HISTORY OF THIS IS PROBABLY DICK GOTTFRIED,

                    BECAUSE HE LIVED WITH IT FOR ALL OF THOSE YEARS, PROBABLY CLOSE TO 50 --

                    50 YEARS.

                                 SOME OF THE PEOPLE -- FORMER SPONSORS I'D JUST LIKE TO

                    MENTION, IMMEDIATELY BEFORE ME WAS DAVID KOON, AND BEFORE THAT WAS

                    SCOTT STRINGER WHO IS NOW THE CITY COMPTROLLER.  BUT I WANT TO THANK

                    SENATOR MONTGOMERY WHO HAD THIS BILL FOR MANY YEARS AND GAVE IT UP

                    AT THE TIME TO SENATOR LANZA, AND SENATOR LANZA, AS WELL, FOR ALL OF HIS

                    TENACITY.  AND IN THE SENATE, BILL LARKIN HAD THE BILL FOR A NUMBER OF

                    YEARS, ROY GOODMAN HAD IT, JAMES WRIGHT AND FRANZ LEICHTER.  THESE

                    ARE SOME OF THE PAST SPONSORS OF THE BILL.

                                 BUT I WANT TO THANK MY CHIEF-OF-STAFF, SUMEET

                    SHARMA, WHO IS BEHIND ME, WHO HAS BEEN SO ACTIVE IN THIS.  AND

                    ACTUALLY MY FORMER LEGISLATIVE DIRECTOR, JACOB SHERRETTS, WHO

                    SPEARHEADED THIS BILL WITH ME FOR SO MANY YEARS AND, IRONICALLY,

                    HAPPENS TO NOW BE WORKING FOR ASSEMBLYMEMBER PAM HUNTER, JUST BY

                    COINCIDENCE.  BUT I REALLY WANT TO THANK ASSEMBLYMEMBER HUNTER FOR

                    HER PERSEVERANCE AND I WANT TO THANK AND APOLOGIZE TO OUR SPEAKER,

                    CARL HEASTIE.  I WANT TO THANK HIM FOR REALLY BRINGING THIS TO THE FLOOR

                    AND REALLY MAKING THIS HAPPEN, BUT I WANT TO APOLOGIZE FOR BEING SUCH

                                         168



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    A PAIN IN THE ASS --

                                 (LAUGHTER)

                                 -- FOR SO MANY -- SO MANY YEARS.  AND HE OFTEN

                    ACCUSED ME OF STALKING HIM, BUT -- BUT WE ALL KNOW THAT HE BROUGHT THIS

                    TO THE FLOOR BECAUSE OF WHO HE IS AND BECAUSE IT WAS THE RIGHT THING TO

                    DO.  AND THIS IS REALLY A REAL GREAT DAY FOR THIS LEGISLATURE AND FOR THE

                    STATE OF NEW YORK.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER --

                    MR. WEPRIN IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                 MR. RAMOS:  MR. SPEAKER, CAN YOU PLEASE CALL ON

                    MR. OTIS FOR AN IMPORTANT ANNOUNCEMENT?

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR AN

                    ANNOUNCEMENT.

                                 MR. OTIS:  FOR A CHANGE OF SCENERY, THERE WILL BE AN

                    IMMEDIATE DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE

                    ROOM.

                                 ACTING SPEAKER AUBRY:  DEMOCRATIC

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, I MOVE THAT HOUSE STAND

                                         169



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IN RECESS UPON THE CONCLUSION OF THIS CONFERENCE.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    IN RECESS.

                                 (WHEREUPON, AT 5:07 P.M., THE ASSEMBLY STOOD IN

                    RECESS.)

                                                              *     *     *     *     *

                    A F T E R     T H E     R E C E S S                                 7:02 P.M.



                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME WE'RE GOING

                    TO TAKE UP FOUR BILLS:  RULES REPORT NO. 616 BY -- PAGE 35 BY

                    JEAN-PIERRE; RULES REPORT NO. 590, PAGE 30 BY GARBARINO; RULES

                    REPORT NO. 599 BY JEAN-PIERRE; RULES REPORT NO. 459 BY PALMESANO

                    ON PAGE 15.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08422-A, RULES

                    REPORT NO. 616, JEAN-PIERRE.  AN ACT AUTHORIZING THE COMMISSIONER OF

                    EDUCATION, IN CONSULTATION WITH THE COMPTROLLER TO APPOINT A MONITOR

                    TO OVERSEE THE WYANDANCH UNION FREE SCHOOL DISTRICT AND ESTABLISHING

                    THE POWERS AND DUTIES OF THE MONITOR; AND PROVIDING FOR THE REPEAL OF

                    SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                                         170



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 LET'S TRY THAT ALL OVER AGAIN.  LET'S RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 GROUNDHOG DAY.  THE CLERK WILL READ.

                                 (PAUSE)

                                 MEMBERS, THERE IS A TECHNICAL PROBLEM WITH THAT BILL.

                    WE WILL GO TO PAGE 30, RULES REPORT NO. 590, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A04810-B, RULES

                    REPORT NO. 590, GARBARINO.  AN ACT IN RELATION TO PERMITTING THE

                    PATCHOGUE FIRE DISTRICT TO FILE AN APPLICATION FOR A RETROACTIVE 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.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 23, RULES REPORT NO. 549, MS. JEAN-PIERRE.


                                 THE CLERK:  ASSEMBLY NO. A06740-B, RULES

                    REPORT NO. 549, JEAN-PIERRE, VANEL, MCDONALD, RIVERA, ORTIZ,

                                         171



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EPSTEIN, RAYNOR, BLAKE, SIMON, MOSLEY, ARROYO, ZEBROWSKI,

                    WILLIAMS, SAYEGH, FRONTUS, JAFFEE, SCHMITT, MCDONOUGH, D'URSO,

                    JOYNER, CRUZ, WRIGHT, STECK, RAMOS, FALL, CROUCH, GLICK, FERNANDEZ,

                    TAYLOR, REYES.  AN ACT TO ESTABLISH A BLACK YOUTH SUICIDE PREVENTION

                    TASK FORCE; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

                    EXPIRATION THEREOF.

                                 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.)

                                 MS. JEAN-PIERRE TO EXPLAIN HER VOTE.

                                 MS. JEAN-PIERRE:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  I WOULD LIKE TO THANK MY COLLEAGUES

                    FOR SUPPORTING THIS LEGISLATION, AND TO THE COMMITTEE ON MENTAL

                    HEALTH, THE CHAIR AND THE STAFF, AND TO SENATOR CARLUCCI FOR HOSTING

                    THESE PUBLIC HEARINGS.  AS LEGISLATORS, IT'S OUR OBLIGATION TO RESPOND TO

                    CRISIS, AND THIS IS A CRISIS, BY TAILORING PUBLIC POLICY IN A WAY THAT WILL

                    HOPEFULLY PREVENT FUTURE CRISIS.  WE MUST FIND OUT WHY BLACK CHILDREN

                    ARE TAKING THEIR LIVES AT AN ALARMING RATE, AND WE MUST CONTINUE TO

                    COME TOGETHER AND DEVISE SOLUTIONS THAT WILL PUT AN END TO IT.  A YEAR

                    AGO AND A HALF, THE GOVERNOR LAUNCHED A SUICIDE PREVENTION TASK FORCE

                    AND I RECOMMEND [SIC] HIM FOR THAT, AND I HAVE READ THROUGH THE TASK

                    FORCE REPORT WHICH WAS RELEASED ALMOST TWO MONTHS AGO SEVERAL TIMES.

                                         172



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WHAT TROUBLES ME IS THERE WAS NO SPECIFIC MENTION OF THE DIRECT

                    SUPPORT FOR HIGH RISK GROUP OF BLACK YOUTH.  AND THAT IS WHY WE ARE

                    HERE TODAY WITH THIS LEGISLATION.  AND I CAST MY VOTE IN THE AFFIRMATIVE

                    AND I HOPE MY COLLEAGUES WILL DO SO, TOO.  THANK YOU.

                                 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.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME CAN WE CALL

                    UP RULES REPORT NO. 223 -- I'M SORRY, CALENDAR NO. 223, PAGE 49,

                    ABINANTI.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01235, CALENDAR NO.

                    223, ABINANTI, SANTABARBARA, GOTTFRIED, MOSLEY, BLAKE, BARRON,

                    SOLAGES, COLTON, COOK, MALLIOTAKIS, ENGLEBRIGHT, ZEBROWSKI.  AN ACT

                    TO AMEND THE HIGHWAY LAW, IN RELATION TO STATE LIABILITY FOR DEFECTS IN

                    HIGHWAYS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. GOODELL ON THE BILL.

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

                    BILL WAIVES THE CURRENT IMMUNITY THAT THE STATE OF NEW YORK HAS FOR

                                         173



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DAMAGES THAT OCCUR ON ITS ROADWAY -- ROADWAYS DURING THE WINTER

                    SEASON, BASICALLY FROM NOVEMBER THROUGH, WHENEVER -- APRIL OR SO,

                    MAY.  RIGHT NOW, THE STATE OF NEW YORK HAS IMMUNITY, AND THAT

                    IMMUNITY INCLUDES IMMUNITY FROM ROAD CONDITIONS LIKE ICE AND SNOW,

                    BUT ALSO POTHOLES.  WELL, ONE OF THE REASONS WHY WE HAD THAT IMMUNITY

                    FROM LIABILITY FOR POTHOLES IS BECAUSE TYPICALLY IN MID-NOVEMBER, THE

                    ASPHALT PLANTS ACROSS THE STATE CLOSE.  AND SO, IT'S NOT LIKE YOU CAN JUST

                    SWING BY THE ASPHALT PLAN AND PICK UP SOME ASPHALT, BECAUSE IT'S

                    FROZEN SOLID.  AND FOR THOSE OF YOU WHO AREN'T FAMILIAR, ASPHALT PLANTS

                    REQUIRE A GREAT DEAL OF ENERGY AND HEAT TO OPERATE, WHICH IS WHY THEY

                    CLOSE WHEN IT'S COLD AND THEY DON'T REOPEN UNTIL IT'S WARM.  NOW, THERE

                    IS WHAT'S CALLED "COLD MIX."  COLD MIX IS AN ENTIRELY DIFFERENT PRODUCT

                    AS AN EMULSIFIER THAT'S NOT TEMPERATURE BASED.  AND YOU CAN USE COLD

                    MIX, BUT IT COSTS ABOUT DOUBLE AND ITS LIFE EXPECTANCY IS ABOUT HALF.

                                 SO, WHILE I'M VERY SYMPATHETIC TO THIS BILL, HAVING

                    REPLACED FOUR TIRES LAST YEAR COMING TO AND FROM ALBANY - SOME OF YOU

                    KNOW THAT I'M CLOSER TO ABOUT NINE OTHER STATE CAPITALS THAN ALBANY,

                    INCLUDING LANSING, MICHIGAN - BUT -- SO I'M SYMPATHETIC TO THIS.  AND

                    MY WIFE, AS SHE IS PRONE TO DO, GAVE ME GOOD ADVICE.  SHE SAID, WHY

                    DON'T YOU AVOID THOSE POTHOLES?  YOU KNOW, THAT'S SOMETHING THAT

                    APPARENTLY NEVER OCCURRED TO ME.

                                 SO, WHILE I'M SYMPATHETIC, THERE'S A VERY GOOD REASON

                    WHY WE HAVE THIS -- WHY WE HAVE THIS LIMITATION ON LIABILITY AND IT'S

                    DESIGNED TO PROTECT ALL OF THE -- ALL OF THE TAXPAYERS OF THE STATE OF NEW

                    YORK DURING THAT TIME PERIOD WHEN THE ASPHALT PLANTS ARE CLOSED.

                                         174



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ABINANTI TO EXPLAIN HIS VOTE.

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

                    WILL AMEND THE HIGHWAY LAW TO DELETE THE EXEMPTION FROM LIABILITY

                    FOR THE STATE OF NEW YORK.  THE STATE OF NEW YORK EXEMPTS ITSELF

                    FROM LIABILITY FOR ANY DAMAGES TO ANYONE WHO IS INJURED OR HAS

                    DAMAGES TO THEIR CAR AS A RESULT OF A ROAD DEFECT.  THE STATE OF NEW

                    YORK HAS EXEMPTED ONLY ITSELF.  WHAT THIS BILL DOES IS PUT THE STATE IN

                    THE SAME SITUATION AS EVERY ONE OF OUR MUNICIPALITIES.

                                 SO, IN ENDORSING THIS BILL, THE AAA HAS SAID THAT THIS

                    BILL WILL APPLY THE SAME LIABILITY TO THE STATE AS THE STATE APPLIES TO

                    LOCAL MUNICIPALITIES AND REMOVE THE HYPOCRISY OF REQUIRING

                    MUNICIPALITIES TO HAVE LIABILITY ALL YEAR 'ROUND, BUT EXEMPTING ITSELF.

                    THE TRIAL LAWYERS HAVE ALSO ENDORSED THE BILL, AND THEY TALK ABOUT THE

                    SAFETY ISSUE OF THIS.  THIS WILL IMPROVE HEALTH AND SAFETY FOR THOSE ON

                    THE ROADS.

                                 LASTLY, WE SHOULD LOOK AND SAY THERE'S A CERTAIN

                    AMOUNT OF ACCOUNTABILITY THAT WE SHOULD DEMAND FROM OUR DEPARTMENT

                    OF TRANSPORTATION AND FROM THE OTHER AGENCIES OF THE STATE.  BY MAKING

                    THEM RESPONSIBLE FOR ROAD CONDITIONS, THAT WILL ENCOURAGE THEM TO DO

                                         175



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THEIR JOBS A LITTLE BETTER, FILL IN ALL THOSE POTHOLES THAT ARE OUT THERE AND

                    MAKE OUR ROADS SAFER FOR THE PEOPLE OF THE STATE OF NEW YORK.  SO, I

                    VOTE IN THE AFFIRMATIVE AND I URGE MY COLLEAGUES TO DO SO.

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME WE WANT TO

                    CALL UP RULES REPORT NO. 326, PAGE 11, BY MAGNARELLI AND CALENDAR

                    NO. 216, PAGE 48, BY MR. PERRY IN THAT ORDER.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S05079-A, RULES REPORT

                    NO. 326, SENATOR SKOUFIS (MAGNARELLI, FAHY, BUCHWALD, M.G. MILLER,

                    JAFFEE, GUNTHER, OTIS, STECK, ORTIZ, JOYNER, BLAKE, JEAN-PIERRE, GALEF,

                    WALKER, HYNDMAN, MCMAHON, MCDONALD, WALLACE--A01859-A).  AN

                    ACT TO AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN

                    RELATION TO AUTHORIZING MUNICIPALITIES TO COMPEL MORTGAGEES EITHER TO

                    COMPLETE A MORTGAGE FORECLOSURE PROCEEDING PURSUANT TO ARTICLE 13 OF

                    THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR TO ISSUE A

                    CERTIFICATE OF DISCHARGE OF THE MORTGAGE FOR ANY PROPERTY WHICH HAS

                    BEEN CERTIFIED ABANDONED PURSUANT TO SECTION 1971 OF THE REAL

                    PROPERTY ACTIONS AND PROCEEDINGS LAW.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                                         176



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    REQUESTED, MR. MAGNARELLI.

                                 MR. MAGNARELLI:  YES.  THIS -- THIS BILL WOULD

                    ALLOW ONCE A PROPERTY HAS BEEN CERTIFIED AS BEING ABANDONED, A

                    MUNICIPALITY COULD BRING AN ACTION TO COMPEL A MORTGAGEE TO EITHER

                    COMPLETE A MORTGAGE FORECLOSURE PROCEEDING OR ISSUE A CERTIFICATE OF

                    DISCHARGE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  WOULD THIS -- WOULD THIS

                    LEGISLATION ALLOW A MUNICIPALITY TO BRING AN ACTION AGAINST A MORTGAGE

                    HOLDER BEFORE THE MORTGAGE HOLDER HAS COMMENCED FORECLOSURE?

                                 MR. MAGNARELLI:  IF THE PROPERTY HAS BEEN

                    CERTIFIED AS ABANDONED, IT COULD.

                                 MR. GOODELL:  AND HOW WOULD THE MUNICIPALITY

                    KNOW WHETHER OR NOT THE NOTE WAS IN DEFAULT?

                                 MR. MAGNARELLI:  I'M SORRY.  I DIDN'T UNDERSTAND

                    THAT.

                                 MR. GOODELL:  HOW -- I'M CONFUSED.  HOW WOULD

                    A MUNICIPALITY KNOW WHETHER OR NOT THE NOTE OWED BY THE HOMEOWNER

                    WAS ACTUALLY IN DEFAULT?

                                 MR. MAGNARELLI:  IF THE NOTE WAS IN DEFAULT?

                                 MR. GOODELL:  RIGHT.  THIS SAYS THAT IF THE

                    PROPERTY IS DEEMED ABANDONED, THE MUNICIPALITY COULD BRING A LAWSUIT

                    AGAINST THE BANK AND FORCE THE BANK TO FORECLOSE.  BUT A BANK CAN ONLY

                    FORECLOSE IF THE NOTE'S IN DEFAULT AND IT'S POSSIBLE THAT THE HOMEOWNER IS

                    MAKING PAYMENTS ON A NOTE EVEN THOUGH THE PROPERTY IS ABANDONED.

                                         177



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SO MY QUESTION IS:  HOW WOULD A MUNICIPALITY EVEN KNOW WHETHER OR

                    NOT THE NOTE'S IN DEFAULT?

                                 MR. MAGNARELLI:  I -- I CAN'T ANSWER THAT

                    QUESTION.  YEAH, I GUESS THAT WOULD BE THEIR DEFENSE, I MEAN, ONCE THE

                    ACTION WAS BROUGHT, THAT THEY COULDN'T BRING THE ACTION.

                                 MR. GOODELL:  SO YOU'RE ENVISIONING THAT THE

                    MUNICIPALITY WOULD USE TAXPAYER MONEY TO BEGIN A LAWSUIT AGAINST A

                    BANK WITHOUT EVEN KNOWING IF THE NOTE'S IN DEFAULT?

                                 MR. MAGNARELLI:  NO, WHAT I ENVISION IS

                    ABANDONED PROPERTIES IN THE MIDDLE OF CITIES THAT ARE FALLING APART WITH

                    NOBODY TAKING CARE OF THEM AND NOBODY LIVING IN THEM AND HAVING

                    BANKS NOT PURSUE THEIR REMEDIES AND, INSTEAD, LEAVING THOSE PROPERTIES

                    IN THE MIDDLE OF NEIGHBORHOODS FALLING APART.  THAT'S WHAT I ENVISION.

                    AND I ALSO ENVISION THAT IF THAT'S HAPPENING, THEY'RE NOT MAKING THEIR

                    PAYMENT.

                                 MR. GOODELL:  OKAY.  SO WE CROSS THE FIRST

                    THRESHOLD THAT THE MUNICIPALITY WOULDN'T KNOW WHETHER IT'S IN DEFAULT.

                    WOULD THE MUNICIPALITY KNOW IF THE BANK IS NEGOTIATING OR WORKING

                    WITH A HOMEOWNER TO TRY TO RESOLVE IT?

                                 MR. MAGNARELLI:  AGAIN, THAT WOULD BE BROUGHT

                    UP IN THE PROCEEDING.

                                 MR. GOODELL:  AND SO WE'RE EXPECTED TO USE

                    TAXPAYER MONEY TO SUE A BANK WITHOUT KNOWING WHETHER THE BANK IS

                    EVEN WORKING WITH THE HOMEOWNER TO RESOLVE THE ISSUES?

                                 MR. MAGNARELLI:  AGAIN, YOU KNOW, I JUST DON'T

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                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BELIEVE THAT THAT'S THE WAY IT'S GOING TO WORK IN THE REAL WORLD.

                                 MR. GOODELL:  BUT THIS BILL -- DOES THIS BILL

                    ADDRESS THAT?

                                 MR. MAGNARELLI:  I THINK YOU COULD HYPOTHESIZE

                    THAT ALL YOU WANT, BUT I DON'T BELIEVE THAT'S WHAT'S GOING TO HAPPEN.

                                 MR. GOODELL:  BUT THIS BILL DOESN'T ADDRESS THAT

                    ISSUE, DOES IT?

                                 MR. MAGNARELLI:  WELL, IT DOES IN THE SENSE THAT

                    IT WOULD BE A DEFENSE TO THE ACTION ONCE IT'S BROUGHT.

                                 MR. GOODELL:  NOW, AS YOU KNOW, A LOT OF TIMES IF

                    A BANK IS OWED MONEY, THEY TRY TO WORK WITH A RESIDENT, TRY TO WORK

                    OUT A PAYMENT PLAN.

                                 MR. MAGNARELLI:  CORRECT.

                                 MR. GOODELL:  AND IT'S NOT JUST OPTIONAL, IT'S PART

                    OF OUR MORTGAGE FORECLOSURE PROCESS, RIGHT, IT'S MANDATORY SETTLEMENT

                    CONFERENCES.

                                 MR. MAGNARELLI:  RIGHT.

                                 MR. GOODELL:  AND THOSE MANDATORY SETTLEMENT

                    CONFERENCES ARE -- THEY'RE DESIGNED TO HELP A HOMEOWNER WHO MIGHT

                    NOT BE LIVING THERE.  IT MIGHT BE IN DIFFICULT -- FINANCIAL AND DIFFICULT

                    CONDITIONS.  WHY WOULD WE WANT TO FORCE A BANK NOT TO WORK WITH A

                    HOMEOWNER TO SEE IF THEY COULD RESOLVE IT?

                                 MR. MAGNARELLI:  AGAIN, I DON'T BELIEVE THAT

                    THAT'S WHAT THIS CALLS FOR IN THE SENSE THAT THE MUNICIPALITY CAN BRING

                    THE ACTION, BUT THEN IT WOULD BE IN COURT AND THE BANK WOULD HAVE THAT

                                         179



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TYPE OF A DEFENSE TO DISCUSS WITH THE JUDGE.

                                 MR. GOODELL:  WHERE IN THIS LANGUAGE DOES IT SAYS

                    THE BANK HAS A DEFENSE THAT IT'S WORKING WITH THE HOMEOWNER?

                                 MR. MAGNARELLI:  I -- I JUST BELIEVE IT WOULD

                    FROM EQUITY.

                                 MR. GOODELL:  OKAY.  NOW, DO WE HAVE ANY OTHER

                    SITUATION WHERE BY LAW WE FORCE A LENDER TO FORECLOSE ON A BORROWER?

                                 MR. MAGNARELLI:  WHERE ELSE --

                                 MR. GOODELL:  WHERE WE REQUIRE BY LAW A LENDER

                    TO FORECLOSE ON A BORROWER?

                                 MR. MAGNARELLI:  I DON'T -- I DON'T THINK THERE IS.

                    I DON'T -- I DON'T BELIEVE SO, I DON'T.

                                 MR. GOODELL:  OKAY.  NOW AS YOU KNOW, A

                    MORTGAGE IS JUST A SECURITY INTEREST.  SO WE -- WE HAVE A NOTE, THE NOTE

                    IS THE IOU, IF YOU WILL, AND THE MORTGAGE SAYS IF YOU DON'T PAY THE

                    IOU, THE BANK OR THE LENDER HAS THE RIGHT, BUT NOT THE OBLIGATION, TO

                    COLLECT AGAINST THAT ASSET.

                                 MR. MAGNARELLI:  RIGHT.

                                 MR. GOODELL:  SO ARE WE NOW SAYING THE BANK

                    CANNOT RELEASE ITS SECURITY INTEREST IN THE MORTGAGE WHILE STILL PURSUING

                    ITS RIGHT TO SUE UNDER THE NOTE?

                                 MR. MAGNARELLI:  THEY CAN DISCHARGE THE

                    MORTGAGE; THAT'S THE ALTERNATIVE.

                                 MR. GOODELL:  WELL, DISCHARGE A MORTGAGE, THIS

                    BILL SAYS NOT ONLY DO THEY FILE A DISCHARGE OF MORTGAGE, THEY HAVE TO

                                         180



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FILE A SATISFACTION.  WHAT IF THE BANK DOESN'T WANT TO FORECLOSE ON THE

                    PROPERTY, BUT DOESN'T WANT TO GIVE UP ITS RIGHT TO COLLECT THE DEBT?  I

                    MEAN, THIS -- THIS BILL DOESN'T ALLOW THE BANK TO SAY, OKAY, FINE.  WE'RE

                    -- WE'RE RELEASING THE PROPERTY OR DISCHARGING THE PROPERTY, IT ALSO

                    REQUIRES THE BANK TO ACTUALLY SIGN OFF ON THE DEBT.  WHY SHOULD THE

                    BANK HAVE TO BE FORCED TO --

                                 MR. MAGNARELLI:  WELL, I THINK THAT --

                                 MR. GOODELL:  -- SIGN OFF ON A DEBT -- I MEAN, THE

                    -- THE BORROWER MIGHT HAVE MONEY, MIGHT HAVE ASSETS.  THE BORROWER

                    MIGHT BE A BIG LANDLORD, HE'S JUST ABANDONED THIS PROPERTY; WHY SHOULD

                    THE BANK HAVE TO GIVE UP ITS CLAIM AGAINST THE DEBTOR?

                                 MR. MAGNARELLI:  I DON'T BELIEVE IT HAS TO.  I

                    THINK IT'S AN EITHER/OR, FIRST OF ALL.  IT CAN DISCHARGE THE MORTGAGE, WHICH

                    WOULD -- THE NOTE REMAINS.  YOU CAN MAKE, YOU KNOW, YOU CAN CHOOSE

                    YOUR REMEDIES.

                                 MR. GOODELL:  WELL, I WOULD --

                                 MR. MAGNARELLI:  AND SO, THE BOTTOM LINE IS

                    THOUGH, AGAIN, GOING BACK TO WHAT'S ENVISIONED BY THIS PIECE OF

                    LEGISLATION, THE BANK COULD TAKE CARE OF THE PROPERTY AND THEN GO AHEAD

                    WITHIN ITS OWN TIME AND ITS OWN DEVICES TO DO WHATEVER IT WANTS, OR IT

                    CAN DISCHARGE THE MORTGAGE AND STILL SUE ON THE NOTE.

                                 MR. GOODELL:  BUT THE PROBLEM I HAVE IS I'M

                    LOOKING AT PAGE 2 --

                                 MR. MAGNARELLI:  YEAH.

                                 MR. GOODELL:  -- SUBPARAGRAPH 3, AND IT SAYS ONE

                                         181



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OF THE OPTIONS THE BANK HAS, AND I QUOTE, "ISSUE A CERTIFICATE OF

                    DISCHARGE OF THE MORTGAGE --"

                                 MR. MAGNARELLI:  YEAH.

                                 MR. GOODELL:  "-- WITHIN THREE MONTHS, AND," NOT

                    OR, BUT AND, "FILE A SATISFACTION OF THE MORTGAGE."  I MEAN, SATISFACTION

                    OF THE MORTGAGE MEANS THE MORTGAGE IS PAID.  WHY ARE WE FORCING A

                    BANK TO WRITE OFF THE DEBT JUST BECAUSE THEY DON'T WANT TO FORECLOSE ON

                    THE SECURITY?

                                 MR. MAGNARELLI:  BECAUSE THEY HAVE TO MAINTAIN

                    THE PROPERTY.

                                 MR. GOODELL:  WHERE IN THE MORTGAGE IS THERE ANY

                    OBLIGATION FOR A BANK TO MAINTAIN AN ASSET OF ANY KIND, INCLUDING A

                    HOUSE?

                                 MR. MAGNARELLI:  IT MAY NOT BE IN THE MORTGAGE,

                    BUT IT'S IN THIS PIECE OF LEGISLATION.

                                 MR. GOODELL:  SO THIS WOULD CREATE A NEW LIABILITY

                    ON A BANK THAT'S NOT COVERED BY ITS CONTRACT.

                                 MR. MAGNARELLI:  THAT CAN BE SAID THAT WAY.

                                 MR. GOODELL:  I MEAN, IT'S UNEQUIVOCAL, RIGHT, THAT

                    ALL THE EXISTING MORTGAGE DOCUMENTS SAY IT'S OPTIONAL ON THE PART OF THE

                    BANK WHETHER OR NOT THEY FORECLOSE, AND THIS WOULD MAKE IT NO LONGER

                    OPTIONAL?

                                 MR. MAGNARELLI:  CORRECT.

                                 MR. GOODELL:  SO HOW DO WE COMPORT THAT WITH

                    THE US CONSTITUTION WHICH SAYS WE CANNOT CHANGE THE TERMS OF AN

                                         182



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EXISTING CONTRACT?  DOES THIS LAW ONLY APPLY TO MORTGAGES THAT OCCUR

                    AFTER THIS DATE?

                                 I APOLOGIZE, THERE WERE TWO QUESTIONS THERE.

                                 MR. MAGNARELLI:  YEAH.  I THINK THAT IT'S -- I

                    THINK WE'VE DONE THIS BEFORE WHERE BANKS HAVE TO MAINTAIN THE

                    PROPERTIES ACCORDING TO LAW, AND THIS --

                                 MR. GOODELL:  WELL, WE'VE NEVER AUTHORIZED

                    ANYONE, A THIRD PARTY THAT'S NOT PART OF THE CONTRACT AND GIVEN THEM

                    STANDING TO SUE TO FORCE A BANK TO DO SOMETHING THEY'RE NOT

                    CONTRACTUALLY OBLIGATED TO DO.  WE'VE NEVER DONE THAT BEFORE.

                                 MR. MAGNARELLI:  I THINK WE HAVE.

                                 MR. GOODELL:  SO HOW DO WE COMPORT THAT -- I

                    UNDERSTAND IT'S AN INTERESTING ARGUMENT, WE VIOLATED THE CONSTITUTION IN

                    THE PAST, SO WE CAN DO IT IN THE FUTURE, BUT SKIPPING THAT ARGUMENT FOR A

                    MINUTE... HOW DOES THIS -- HOW CAN WE RECONCILE A STATUTE THAT REQUIRES

                    THE BANK TO DO SOMETHING THAT IS NOT REQUIRED TO DO UNDER ITS

                    CONSTITUTION -- WHAT GIVES US -- UNDER ITS CONTRACT.  WHAT GIVES US THE

                    POWER TO REWRITE AN EXISTING CONTRACT?

                                 MR. MAGNARELLI:  AGAIN, I'M NOT LOOKING AT THE

                    CONTRACT BETWEEN THE BANK AND THE MORTGAGEE.  I'M LOOKING AT WHAT THE

                    MUNICIPALITY'S RIGHTS ARE VIS-└-VIS THE ENTIRE NEIGHBORHOOD AND THE

                    PEOPLE THAT IT REPRESENTS.  AND YOU CAN MAKE LAWS THAT WE ALL HAVE TO

                    ABIDE BY, INCLUDING A BANK.

                                 MR. GOODELL:  WELL, THE BANK DOESN'T HAVE ANY

                    CONTRACT WITH THE MUNICIPALITY, RIGHT?

                                         183



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. MAGNARELLI:  NO.

                                 MR. GOODELL:  AND -- BUT THE LANDLORD OR, I'M

                    SORRY, THE LANDLORD OR THE OWNER OF THE PROPERTY, THAT OWNER HAS A

                    LONGSTANDING STATUTORY OBLIGATION WITH THE MUNICIPALITY, RIGHT, A

                    PREEXISTING STATUTORY OBLIGATION UNDER THE ZONING AND BUILDING CODE.

                                 MR. MAGNARELLI:  YEAH.

                                 MR. GOODELL:  SO WHY DON'T WE -- I MEAN -- I

                    GUESS THE MUNICIPALITY ALREADY HAS THE AUTHORITY TO GO AFTER THE OWNER

                    TO FIX THE PROPERTY UP, RIGHT?

                                 MR. MAGNARELLI:  MM-HMM.

                                 MR. GOODELL:  THAT'S ALREADY EXISTING, THAT'S OUR

                    BUILDING CODE AND THAT'S OUR ZONING CODE.  WHAT -- HOW -- HOW DOES

                    A -- HOW DO WE AUTHORIZE A MUNICIPALITY JUST SKIP OVER THE OWNER AND

                    GO AFTER SOMEONE WHO IS UNFORTUNATE ENOUGH TO LEND MONEY TO THE

                    OWNER?

                                 MR. MAGNARELLI:  BECAUSE, AGAIN, THE

                    MUNICIPALITY IS TRYING TO TAKE CARE OF THE PEOPLE THAT ARE LIVING IN THAT

                    MUNICIPALITY AND CREATING THE LAWS THAT THE BANK HAS TO ADHERE TO, AS

                    WELL.

                                 MR. GOODELL:  NOW, YOU'RE FAMILIAR WITH THE

                    COMMUNITY REINVESTMENT ACT, RIGHT, THAT REQUIRES BANK TO MAKE LOANS

                    IN UNDERSERVED AREAS WHERE THEIR NORMAL UNDERWRITING MAY NOT HAVE

                    JUSTIFIED LOANS, YOU'RE FAMILIAR WITH THAT, RIGHT, THE COMMUNITY

                    REINVESTMENT ACT?  SO, IF WE SAY TO BANKS THAT YOU, THE BANK, COULD BE

                    SUED BY THE MUNICIPALITY IF YOU MAKE A LOAN IN AN UNDERSERVED AREA

                                         184



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND THE LOAN GOES DEFAULT, DOESN'T THAT RUN DIRECTLY COUNTER TO THE

                    COMMUNITY REINVESTMENT ACT INTENT?

                                 MR. MAGNARELLI:  AGAIN, I DON'T BELIEVE SO.

                    WELL, AGAIN, YOU KNOW WHAT I'D LIKE TO GO BACK TO IS THIS:  WE'RE

                    TALKING ABOUT PROPERTIES THAT HAVE BEEN ABANDONED, THERE'S NOBODY

                    THERE.  THERE IS NO MORTGAGEE.  THERE IS NO OWNER.  IT'S BEEN

                    ABANDONED, IT'S BEEN CERTIFIED AS BEING ABANDONED.  THAT'S THE ONLY

                    TIME THE MUNICIPALITY HAS THIS RIGHT TO GO IN AND GO BACK TO THE

                    MORTGAGOR.

                                 MR. GOODELL:  OKAY.  SO WE'RE SAYING IF THE

                    HOMEOWNER IS NOT LIVING IN THE PROPERTY OR MAINTAINING IT, THEN THE

                    MUNICIPALITY CAN SUE THE BANK EVEN IF THE HOMEOWNER'S STILL MAKING

                    THE PAYMENTS ON TIME AND FORCED THE BANK TO FORECLOSE?

                                 MR. MAGNARELLI:  I DON'T BELIEVE THAT WE'RE

                    TALKING ABOUT SOMEONE WHO IS MAKING PAYMENTS ON TIME.  I THINK THAT

                    GOES BACK TO THE PROCEEDING ITSELF.  WE'RE TALKING ABOUT THE PROPERTY

                    HAVING BEEN ABANDONED AND CERTIFIED AS SUCH, THAT NOBODY IS LIVING

                    THERE AND THAT IT'S IN OBVIOUSLY DISREPAIR.  I DON'T THINK THERE'S GOING TO

                    BE MUNICIPALITIES LOOKING FOR -- TO HAVE BANKS FORECLOSE ON PROPERTIES

                    OR OBTAIN DISCHARGES OF MORTGAGES SIMPLY BECAUSE, YOU KNOW, LOOKING

                    FOR THAT TYPE OF A THING TO HAVE OCCUR.  WHAT'S HAPPENING IS IS YOU HAVE

                    AN ABANDONED PROPERTY THAT'S BECOMING AT LEAST A NUISANCE WITHIN A

                    NEIGHBORHOOD OR WITHIN THE COMMUNITY AND IT NEEDS TO BE TAKEN CARE

                    OF.

                                 MR. GOODELL:  WELL, I'M JUST READING THE LANGUAGE

                                         185



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HERE.  IT SAYS IF A PROPERTY HAS BEEN ABANDONED, THEN THE MUNICIPALITY

                    MAY COMMENCE AN ACTION AGAINST MORTGAGES, TO -- TURN THE NEXT PAGE,

                    SUBPARAGRAPH C, ISSUE A CERTIFICATE OF DISCHARGE WITHIN THREE MONTHS

                    AND FILE A SATISFACTION.  THAT'S ONE OF THE THREE OPTIONS.  THAT'S NOT EVEN

                    CONDITIONED ON THE -- ON THE NOTE BEING IN DEFAULT.

                                 MR. MAGNARELLI:  AGAIN, I THINK THAT WHAT WE'RE

                    LOOKING FOR IS THAT THE BANK WOULD HAVE ITS DAY IN COURT, TOO, TO SAY

                    WHAT IS GOING ON AND TELL THE MUNICIPALITY IN THE COURT WHAT IS

                    HAPPENING.  WHAT WE'RE LOOKING FOR IS THAT THE BANK WOULD TAKE

                    AFFIRMATIVE ACTIONS TO DO SOMETHING WITH THE PROPERTY IF IT CAN.  I

                    MEAN, IF IT CAN'T, THEN IT DOESN'T HAVE STANDING TO DO IT, I WOULD THINK

                    THAT IT WOULD BE DISMISSED.

                                 MR. GOODELL:  OKAY.  SO WHAT THIS LEGISLATION

                    THEN DOES, IF I UNDERSTAND, IS IT SAYS IF THE PROPERTY IS ABANDONED, THEN

                    THE MUNICIPALITY, USING TAXPAYER MONEY AND TAXPAYER RESOURCES, EVEN

                    THOUGH THE MUNICIPALITY IS NOT A PARTY TO THE MORTGAGE, EVEN THOUGH

                    THE MUNICIPALITY DOESN'T HAVE ANY KNOWLEDGE ABOUT WHAT ACTUALLY IS

                    BEING PAID OR NOT PAID.  THE MUNICIPALITY, USING TAXPAYER MONEY, CAN

                    SUE THE BANK IN AN EFFORT TO FORCE A BANK TO FORECLOSE ON THE OWNER.

                                 MR. MAGNARELLI:  OR DISCHARGE ITS MORTGAGE.

                                 MR. GOODELL:  OR GIVE UP ON ITS MORTGAGE.

                                 MR. MAGNARELLI:  CORRECT.

                                 MR. GOODELL:  AND FILE A SATISFACTION OF ITS DEBT.

                                 MR. MAGNARELLI:  YES.

                                 MR. GOODELL:  WHAT IF THE HOMEOWNER --

                                         186



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. MAGNARELLI:  YEAH, AND, BY THE WAY, THEY

                    ALWAYS HAVE THE RIGHT TO GO IN AND MAINTAIN THE PROPERTY.  AND IF THEY

                    MAINTAIN THE PROPERTY, THIS WOULDN'T BE HAPPENING.

                                 MR. GOODELL:  WELL, CERTAINLY THE MUNICIPALITY

                    HAS THE AUTHORITY RIGHT NOW TO SUE THE HOMEOWNER OR THE LANDLORD AND

                    SAY FIX UP YOUR PLACE, RIGHT?

                                 MR. MAGNARELLI:  THE HOMEOWNER'S NOT THERE.

                    THE HOMEOWNER'S NOT THERE; ABANDONED, THEY'RE GONE.

                                 MR. GOODELL:  HOW DO YOU KNOW THAT?

                                 MR. MAGNARELLI:  THERE'S NOBODY THERE.

                                 MR. GOODELL:  NO, I UNDERSTAND THE PROPERTY IS

                    ABANDONED, BUT YOU CAN HAVE A LANDLORD THAT'S GOT 30 APARTMENT

                    BUILDINGS AND HE'S LET ONE GO.  THIS ISN'T LIMITED TO A HOMEOWNER THAT'S

                    IN BANKRUPTCY, IS IT?

                                 MR. MAGNARELLI:  NO, THIS IS --

                                 MR. GOODELL:  IT'S NOT LIMITED TO A HOMEOWNER

                    THAT'S NO LONGER FOUND, RIGHT, IT'S --

                                 MR. MAGNARELLI:  YOU HAVE TO HAVE EVIDENCE OF

                    A LACK OF OCCUPANCY, THERE HAS TO BE NOBODY THERE --

                                 MR. GOODELL:  RIGHT, HE'S NOT OCCUPYING THAT

                    HOUSE.

                                 MR. MAGNARELLI:  -- NO ONE THERE.

                                 MR. GOODELL:  RIGHT, HE'S NOT IN THAT PARTICULAR

                    HOUSE, BUT HE DOESN'T HAVE TO BE OUTSIDE THE JURISDICTION, RIGHT?

                                 MR. MAGNARELLI:  NO --

                                         187



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  IT DOESN'T HAVE TO BE JUDGMENT

                    PROOF, RIGHT, HE COULD BE WEALTHY?

                                 MR. MAGNARELLI:  RIGHT.  CORRECT.

                                 ACTING SPEAKER AUBRY:  YES, MR. GOODELL.

                                 MR. GOODELL:  ARE THERE OTHERS THAT ARE EXCITED AS

                    I AM ABOUT THIS DEBATE?

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  IT DOES APPEAR THAT

                    YOU'VE RAISED SOME INTEREST.

                                 MR. RAIA.

                                 MR. GOODELL:  HOW FORTUNATE FOR THE REST OF US.

                    THANK YOU.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI, WILL

                    YOU YIELD?

                                 MR. MAGNARELLI:  YES.

                                 MR. RAIA:  BILL, WE'VE SAT NEXT TO EACH FOR SOME TEN

                    YEARS --

                                 MR. MAGNARELLI:  YES.

                                 MR. RAIA:  -- I DON'T THINK WE'VE EVER DEBATED A BILL.

                                 MR. MAGNARELLI:  NO, WE HAVE NOT.

                                 MR. RAIA:  SO...

                                 MR. MAGNARELLI:  WELL, I THINK WE HAVE, BUT --

                    BUT NOT IN THE --

                                         188



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. RAIA:  NOT AGAINST EACH OTHER OR WITH EACH

                    OTHER.  IT'S BEEN SOME TIME SINCE I'VE BEEN THE RANKING MEMBER ON THE

                    BANKS COMMITTEE, SO MY MIND IS A LITTLE FAULTY, YOU KNOW, PLEASE FEEL

                    FREE TO CORRECT ME.

                                 I APPRECIATE THE EFFORT -- NOBODY LIKES TO HAVE ZOMBIE

                    HOMES OR BUILDINGS IN THEIR NEIGHBORHOOD AND -- BUT I'M UNDER THE

                    UNDERSTANDING, DIDN'T WE PASS A ZOMBIE LAW A FEW YEARS BACK THAT

                    ACTUALLY ALLOWS THE MUNICIPALITIES TO GO AFTER THE BANKS TO MAINTAIN THE

                    PROPERTY?

                                 MR. MAGNARELLI:  YES.

                                 MR. RAIA:  SO, SHOULDN'T THEY BE DOING THAT BEFORE

                    WE MOVE TO -- TO DISCHARGE THE MORTGAGE?

                                 MR. MAGNARELLI:  I THINK THIS IS JUST ANOTHER TOOL

                    THAT THE MUNICIPALITIES WOULD HAVE AT THEIR DISPOSAL TO MAKE SURE THESE

                    PROPERTIES ARE TAKEN OF.

                                 MR. RAIA:  OKAY.  I DON'T NECESSARILY DISAGREE WITH

                    THAT, BUT PART OF THE PROBLEM IS WHEN WE WERE SUFFERING THROUGH ALL

                    THOSE MORTGAGE FORECLOSURES, I DON'T KNOW, TEN YEARS AGO OR WHATEVER IT

                    WAS, WE KEPT -- WE PASSED THE MORTGAGE FORECLOSURE PREVENTION ACT, I

                    THINK IT WAS CALLED, AND BASICALLY WHAT THAT DID WAS KEEP DELAYING THE

                    PROCESS, ESSENTIALLY TO ALLOW THE HOMEOWNER TO KEEP EXTENDING THE

                    MORTGAGE -- THE FORECLOSURE AND EXTENDING IT AND EXTENDING AND

                    EXTENDING IT TO THE POINT WHERE I BELIEVE NEW YORK NOW HAS THE

                    DISTINCTION OF TAKING THE LONGEST TO DEAL WITH FORECLOSURES AND -- AND

                    THESE TYPES OF -- OF -- OF ACTIONS.  AND THE CONCERN IS IS IT ROUTINELY

                                         189



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TAKES OVER A YEAR FOR THE BANKS TO BE ABLE TO SECURE -- SECURE THAT

                    PROPERTY.  THIS SAYS THAT THE MORTGAGE -- YOU NEED TO MEET ALL THE

                    DEADLINES TO ENSURE THE CASE IS READY TO BE MOVED TO JUDGMENT WITHIN A

                    TIME NOT TO EXCEED A YEAR.

                                 SO, WE KNOW OFTEN MORTGAGES ARE PASSED FROM BANK

                    TO BANK TO BANK.  A LOT OF TIMES PEOPLE CAN'T EVEN FIND OUT WHO'S

                    CURRENTLY HOLDING THEIR MORTGAGE, AND IT'S QUITE CONCEIVABLE WHEN YOU

                    START TO TALK ABOUT THE MANDATORY SETTLEMENT CONFERENCE PROVISIONS THAT

                    ROUTINELY WE GO OVER A YEAR.  SO, I'M CONCERNED THAT -- THAT THIS IS

                    GOING TO BE A PROBLEM BECAUSE OF PREVIOUS LEGISLATION AND LAWS THAT WE

                    PASSED THAT PURPOSELY GIVE THE HOMEOWNER OR THE TENANT THE ABILITY TO

                    KICK THIS OUT PAST A YEAR.  SO, WHAT HAPPENS IN THAT CASE IN WHICH, BY

                    NO ACTION OF THE BANK OR THE MUNICIPALITY THAT MOST -- MOST LIKELY DUE

                    TO COURT DELAYS THAT NOW YOU'RE OUT PAST A YEAR?

                                 MR. MAGNARELLI:  YEAH.  I DON'T THINK THAT THAT'S

                    WHAT THE INTENT HERE IS --

                                 MR. RAIA:  OH, I KNOW.

                                 MR. MAGNARELLI:  THE INTENT IS SIMPLY THAT THE

                    BANK IS MOVING THE CASE ALONG AND MOVING IT TOWARD A FORECLOSURE,

                    THAT THE MOTION PAPERS OR WHATEVER PAPERS HAVE TO BE FILED IN A TIMELY

                    FASHION ARE MOVING ALONG.  IT'S NOT THAT IT HAS TO BE COMPLETED.

                                 MR. RAIA:  OKAY.  THANKS FOR THE STROLL DOWN

                    MEMORY LANE TO THE BANKS COMMITTEE.

                                 MR. MAGNARELLI:  ALL RIGHT.

                                 MR. RAIA:  ON THE BILL, MR. SPEAKER.

                                         190



                    NYS ASSEMBLY                                                      JUNE 20, 2019

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

                                 MR. RAIA:  THE -- THE FINAL END PRODUCT HERE IS A

                    GOOD ONE, LET'S GET RID OF ALL THOSE ZOMBIE HOMES AND WHAT HAVE YOU.

                    YOU KNOW, I'D LIKE TO SEE A LOT OF THEM REPURPOSED FOR VETERANS AND

                    THINGS LIKE THAT.  I AM JUST A LITTLE CONCERNED BECAUSE AS A RESULT OF

                    ACTIONS THAT THIS BODY HAS TAKEN, WE NOW ARE A STATE THAT TAKES THE

                    LONGEST TO FORECLOSE ON A PIECE OF PROPERTY AND, UNFORTUNATELY, AS A

                    RESULT OF THAT, YOU NOW HAVE AN ISSUE HERE WHERE HOMES REMAIN VACANT,

                    BUILDINGS REMAIN VACANT FOR UP TO A YEAR BEFORE YOU CAN EVEN GET A

                    SETTLEMENT.

                                 I THOUGHT THE ZOMBIE LAW THAT WE DID WAS VERY GOOD.

                    IT ALLOWED TOWNS TO GO AFTER THE BANK.  IF I'M NOT MISTAKEN, YOU

                    ACTUALLY HAVE TO POST ON THE FRONT DOOR WHO THE OWNER IS, WHO THE BANK

                    IS, A PHONE NUMBER TO GET TO THEM, AND IT SHOULD BE VERY EASY FOR A

                    MUNICIPALITY TO JUST REACH OUT TO THE BANK AND SAY, WE'RE GOING TO

                    HAMMER YOU IF YOU DON'T DO WHAT YOU'RE SUPPOSED TO DO AND CLEAN UP

                    THIS PROPERTY.  I AM A LITTLE CONCERNED THAT, YOU KNOW, WE'RE -- WE'RE

                    TRYING TO WEAKEN THE LAWS THAT WE ALREADY PASSED, BUT I ALSO

                    UNDERSTAND THAT IT'S AS A RESULT OF THOSE VERY LAWS THAT WE NOW NEED TO

                    GO BACK AND ESSENTIALLY MODIFY.

                                 SO, I WOULD BE CONCERNED ABOUT THIS.  I -- I -- I WOULD

                    URGE A NO VOTE JUST BECAUSE I THINK THE PROCESS IS ALREADY THERE TO HAVE

                    THE LOCAL GOVERNMENTS COMPEL THE BANKS TO MAINTAIN THE PROPERTY

                    WITHOUT THE POTENTIAL OF THEM LOSING THEIR INVESTMENT.  THANK YOU, MR.

                    SPEAKER.  AND THANK YOU, MR. MAGNARELLI.

                                         191



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. GARBARINO.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI, WILL

                    YOU YIELD?

                                 MR. MAGNARELLI:  YES.

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI

                    YIELDS.

                                 MR. GARBARINO:  MR. MAGNARELLI, ONE OF THE

                    RESOLUTIONS HERE IS THE THIRD PARTY, THE MUNICIPALITY CAN CAUSE THE BANK

                    TO ISSUE A CERTIFICATE OF DISCHARGE OF THE MORTGAGE WITHIN THREE MONTHS

                    AND FILE A SATISFACTION OF THE MORTGAGE WITH THE APPROPRIATE LOCAL

                    OFFICE; IS THAT CORRECT?

                                 MR. MAGNARELLI:  YES.

                                 MR. GARBARINO:  SO IF THE BANK IS FORCED TO DO

                    THAT, WHO OWNS THE -- WHO OWNS THE PROPERTY THEN, OR WHO STILL OWNS

                    THE PROPERTY?

                                 MR. MAGNARELLI:  THE OWNER STILL OWNS THE

                    PROPERTY.

                                 MR. GARBARINO:  BUT ISN'T THIS BILL SUPPOSED TO BE

                    ADDRESSING ZOMBIE HOMES, PEOPLE WHO HAVE ABANDONED THE PROPERTIES

                    YEARS BEFORE?

                                 MR. MAGNARELLI:  YES.

                                 MR. GARBARINO:  OKAY.  SO, IF THEY'RE GONE

                                         192



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ALREADY, THE PROPERTY -- THEY'VE ABANDONED IT, THE PROPERTY IS ALREADY A

                    ZOMBIE HOME, HOW IS THIS GOING TO ADDRESS THE ISSUE IF YOU JUST GET RID

                    OF THE BANK?

                                 MR. MAGNARELLI:  AGAIN, IT'S JUST ALLOWING THE

                    MUNICIPALITY TO KNOW WHO THEY'RE DEALING WITH AND TO BE ABLE TO TAKE

                    ACTION AGAINST THE OWNER, WHEREVER THAT OWNER MAY BE AT THAT POINT IN

                    TIME.

                                 MR. GARBARINO:  BUT AGAIN, WHAT IF -- BUT IF

                    THEY'VE LEFT AND THEY'VE ABANDONED THE HOME AND THEY'VE GONE AWAY,

                    HOW DOES THE MUNICIPALITY GET IN TOUCH WITH THEM TO ADDRESS THIS

                    ISSUE?

                                 MR. MAGNARELLI:  YOU'D HAVE TO FIND THEM IN

                    SOME WAY OR BRING A PROCEEDING IN A WAY THAT BRINGS THEM INTO COURT.

                                 MR. GARBARINO:  WELL, CAN'T THE MUNICIPALITY

                    ALREADY DO THAT NOW WITH THE ZOMBIE HOMES?  CAN'T THE MUNICIPALITY,

                    THE LOCAL TOWN OR VILLAGE BOARD UP THE HOME, CAN'T THEY SEND THE --

                    SOMEBODY OVER THERE TO CUT THE LAWN AND ADD EVERYTHING TO THE TAX --

                    TAX BILL?

                                 MR. MAGNARELLI:  YES.

                                 MR. GARBARINO:  OKAY.  AND NOW, AS LONG AS --

                    IT'S BEEN MY EXPERIENCE WITH FORECLOSURES, BECAUSE I'VE BEEN APPOINTED

                    REFEREE ON QUITE A BIT OF THEM, WHEN A BANK IS GOING THROUGH THE

                    FORECLOSURE PROCESS, THEY -- THEY CONTINUE TO PAY THE TAXES SO THEY DON'T

                    LOSE IT TO A TAX LIEN SALE, CORRECT?

                                 MR. MAGNARELLI:  YES.

                                         193



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GARBARINO:  THAT MAKES SENSE, RIGHT, THEY

                    DON'T WANT TO LOSE THEIR INVESTMENT.  SO RIGHT NOW THE MUNICIPALITY CAN

                    BOARD UP THE HOUSE, MAKE IT SAFE, THEY CAN CUT THE LAWNS, THEY CAN

                    MAINTAIN THE PROPERTY, ADD ALL OF THAT COST TO THE TAX BILL AND THEN WHEN

                    THE -- AND THEN WHEN THE TAX BILL IS PAID BY THE BANK, THEY GET -- THEY

                    RECOUP IT.  SO, IT'S ACTUALLY NO COST TO THE MUNICIPALITY AFTER THE TAXES

                    ARE PAID.  THERE'S -- THE PROPERTY'S TAKEN CARE OF.

                                 SO, MY CONCERN IS IF THIS HAPPENS, YOU NO LONGER HAVE

                    THE BANK PAYING THE TAXES, NOBODY'S MAINTAINING -- THERE'S NOBODY TO --

                    THE BANK'S NOT PAYING THE TAXES SO IF THE TOWN OR MUNICIPALITY DECIDES

                    TO CLEAN UP THE PROPERTY OR BOARD IT UP, THEY CAN ADD IT TO THE TAX BILL,

                    BUT NOBODY'S PAYING IT.  SO, THEY'RE -- THEY'RE STUCK WITH THE COST.  AND

                    NOW, WHERE YOU HAD A BANK PAYING THE TAX EVERY YEAR, KNOWING WHERE

                    THAT BANK IS, YOU'RE NOW TAKING THE PROPERTY AND GIVING IT BACK TO -- OR

                    NOT TAKING THE PROPERTY, BUT YOU'RE FORGIVING THE LOAN AND -- TO

                    SOMEONE WHO HAS ABANDONED THE HOUSE.  HOW IS -- HOW IS THAT BETTER

                    HERE?

                                 MR. MAGNARELLI:  I THINK IT JUST GIVES THE

                    MUNICIPALITY ANOTHER TOOL IN THE TOOLBOX, THAT'S ALL.

                                 MR. GARBARINO:  OKAY.  NOW, HAS THERE BEEN ANY

                    QUESTION AS TO, YOU KNOW, IF THESE -- IF THE HOMEOWNER COULDN'T PAY

                    THEIR MORTGAGE AND THEY ABANDON THE PROPERTY, IF WE FORGIVE THE NOTE

                    HERE OR IF THE BANK FORGIVES THE NOTE AND DISCHARGES THE MORTGAGE, ISN'T

                    THAT GOING TO BE IMPUTED INCOME ON THE HOMEOWNER?

                                 MR. MAGNARELLI:  WE'RE NOT ASKING THE BANK TO

                                         194



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FORGIVE THE NOTE.

                                 MR. GARBARINO:  OR DISCHARGE THE MORTGAGE.

                    OKAY, SO THIS ONLY JUST DEALS WITH THE MORTGAGE, THEY CAN STILL KEEP THE

                    NOTE?

                                 MR. MAGNARELLI:  CORRECT.

                                 MR. GARBARINO:  OKAY.  ALL RIGHT.  THANK YOU

                    VERY MUCH, MR. MAGNARELLI.

                                 MR. MAGNARELLI:  YOU'RE WELCOME.

                                 MR. GARBARINO:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GARBARINO:  I UNDERSTAND THE INTENTION OF THE

                    SPONSOR.  ZOMBIE PROPERTIES ARE ALL OVER ON LONG ISLAND AND THEY'RE --

                    THEY'RE A BIG, BIG PROBLEM.  BUT THE TWO TOWNS I REPRESENT, BOTH ISLIP

                    AND BROOKHAVEN HAVE DONE A PHENOMENAL JOB AT CLEANING UP, BOARDING

                    UP ABANDONED HOMES, MAKING SURE THAT THEY'RE SAFE, MAKING SURE THAT

                    THE NEIGHBORHOOD LOOKS -- LOOKS GOOD.  AND I THINK THAT -- AND THEY

                    ADD THAT -- ALL THOSE COSTS TO THE TAX -- TO THE TAX BILLS.  AND THE BANK,

                    WHEN THEY PAY THEIR TAX BILLS, THE TOWN RECOUPS THAT COST.  THIS, WITH --

                    WITH THE MORTGAGE BEING DISCHARGED UNDER WHAT COULD HAPPEN HERE,

                    THE BANK'S NO LONGER GOING TO PAY THAT TAX BILL SO ALL THIS COST IS GOING

                    TO BE PUT ON THE LOCAL MUNICIPALITIES.  AND THAT'S A COST THAT THEY CAN'T

                    HANDLE RIGHT NOW.

                                 SO I UNDERSTAND THE INTENTION OF THE BILL, I JUST DON'T

                    THINK THAT THIS IS THE WAY TO GET IT DONE.  SO, THANK YOU VERY MUCH, MR.

                    SPEAKER.

                                         195



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. [SIC] BYRNES.

                                 MS. -- MS. BYRNES.  YOU, MA'AM.

                                 MS. BYRNES:  THANK YOU VERY MUCH.  THANK YOU,

                    MR. SPEAKER.  WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    MAGNARELLI?

                                 MR. MAGNARELLI:  YES.

                                 MS. BYRNES:  MY QUESTION IS -- AND, AGAIN, I

                    APOLOGIZE FOR HAVING MY BACK TO YOU.

                                 MR. MAGNARELLI:  THAT'S OKAY.

                                 MS. BYRNES:  MY QUESTION IS, IF THE BANK DOES

                    DISCHARGE THE MORTGAGE SO THAT THE PROPERTY OWNER BECOMES THE OWNER

                    OF THE PROPERTY FREE AND CLEAR, THEN AT THIS POINT, OBVIOUSLY, ALL OF THE

                    MANDATORY FORECLOSURE PROCESSES THAT THE COURTS ARE USING TO TRY TO

                    REMEDIATE THESE ISSUES BECOME NOT AVAILABLE, CORRECT?

                                 MR. MAGNARELLI:  I WOULD IMAGINE THAT'S TRUE,

                    YES.

                                 MS. BYRNES:  ALL RIGHT.  SO ALL OF THE MEASURES

                    WE'VE PUT INTO LAW TO TRY TO GET PEOPLE INVOLVED AND CLEANING UP THEIR

                    PROPERTY ARE ALL NOW NEGATED?

                                 MR. MAGNARELLI:  CORRECT.  AGAIN -- AGAIN,

                    PROPERTY HAS BEEN ABANDONED.  THERE'S NO ONE THERE.

                                 MS.  BYRNES:  BUT WHETHER OR NOT IT'S CERTIFIED AS

                    ABANDONED HAS TO BE DONE EITHER IN A CERTAIN WAY UNDER THE MANDATORY

                                         196



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FORECLOSURE PROCEDU -- PROCED-- PROCEDURES IN ORDER TO EXPEDITE THE

                    FORECLOSURE PROCESS OR IN THIS RESPECT.  BUT IN EITHER WAY YOU'RE NOT

                    CLEARING UP THE ZOMBIE PROPERTY BECAUSE YOU COULD STILL HAVE AN OWNER

                    THAT DOESN'T DO ANYTHING.

                                 MR. MAGNARELLI:  AND I WOULD IMAGINE THAT IT'S

                    GOING TO BE THE MUNICIPALITY'S CALL ON WHETHER OR NOT THEY'RE GOING TO

                    USE THIS AT ALL.

                                 MS. BYRNES:  ALL RIGHT.  BUT IF THEY DON'T -- IF THE

                    MUNICIPALITY DOESN'T WANT TO BECAUSE IT WOULD BE TOO COSTLY FOR THEM

                    TO EVEN TAKE OVER OWNERSHIP OF THE PROPERTY --

                                 MR. MAGNARELLI:  RIGHT.

                                 MS. BYRNES:  -- AGAIN, THE PROCESS CONTINUES

                    WITHOUT ANY ABILITY OR PROCEDURES FOR A BANK OR ANYBODY ELSE TO TAKE

                    THIS PROPERTY.

                                 MR. MAGNARELLI:  IF I MAY DIGRESS JUST A SECOND.

                    THIS BILL CAME UP BECAUSE I WAS CALLED BY SOMEONE WHO WAS LIVING IN

                    A NEIGHBORHOOD WHERE A PROPERTY HAD BEEN ABANDONED FOR YEARS.  THEY

                    TRIED TO GET AHOLD OF THE BANK, THEY TRIED TO GET AHOLD OF THE OWNER.

                    THEY COULDN'T DO IT.  AND NO ONE DID ANYTHING.  ALL THEY'RE TRYING TO DO

                    HERE IS GIVE THE MUNICIPALITY THE RIGHT TO GO IN AND HAVE THE

                    OPPORTUNITY TO TAKE THAT PROPERTY -- BY THE WAY, IN THAT CIRCUMSTANCE,

                    BECAUSE OF WHERE THE PROPERTY WAS, EVEN THOUGH THE PROPERTY WAS

                    ABANDONED AND IN DISREPAIR, THERE WERE PEOPLE WHO WANTED TO BUY THE

                    PROPERTY BUT THE BANK DID NOTHING.  THAT'S THE SITUATION THAT I

                    ENVISIONED WHEN THIS BILL WAS PUT IN.  OKAY?

                                         197



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. BYRNES:  OKAY.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. BYRNES:  JUST VERY BRIEFLY, I THINK THAT THERE

                    ARE SOME PROPERTIES -- AND I HAVE THEM IN MY OWN -- IN MY OWN VILLAGE

                    -- THAT HAVE BEEN ABANDONED AND ARE ZOMBIE PROPERTIES FOR 15 YEARS

                    AND, QUITE FRANKLY, NOBODY WANTS IT.  THE BANK DOESN'T WANT IT, THE

                    VILLAGE DOESN'T WANT IT BECAUSE THEY'RE SO EXPENSIVE THAT WE HAVE

                    CREATED A SITUATION WHERE BY PUSHING THE BANKS OUT OF THE LOOP, I THINK

                    WE MAKE IT EVEN HARDER TO TRY TO RECLAIM THESE PROPERTIES FOR GOOD USE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR.  GOODELL FOR THE SECOND.

                                 MR. GOODELL:  AND HOPEFULLY LAST TIME FOR THIS

                    BILL.  YOU KNOW, NEW YORK HAS CHANGED ALL OF ITS MORTGAGE

                    FORECLOSURE PROCESSES IN FOLLOWING THE MORTGAGE MELTDOWN IN 2008.

                    AND IT'S BEEN A GREAT, GREAT CHANGE FOR ALL OF MY COLLEAGUES WHO ARE

                    REAL ESTATE ATTORNEYS BECAUSE IT DOESN'T MATTER WHETHER YOU REPRESENT

                    THE BANK OR THE HOMEOWNER, YOU CAN TIE THE THINGS UP FOR YEARS.  AND

                    AS A RESULT, NEW YORK'S MORTGAGE FORECLOSURE PROCESS IS ONE OF THE

                    LONGEST IN THE NATION, RUNNING UP TO NEARLY THREE YEARS.  AND AS A RESULT

                    OF THOSE COMPLEX PROCESSES THAT WE ALL PUT IN AND WILL NEVER TAKE BACK

                    OUT AGAIN, WE END UP WITH THE SITUATION WE'RE TALKING ABOUT HERE,

                    ZOMBIE PROPERTIES.  AND THE PROBLEM WITH ZOMBIE PROPERTIES IN THIS

                    LONG, CONVOLUTED MORTGAGE FORECLOSURE PROCESS WE HAVE IS THAT

                                         198



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EVERYONE'S A LOSER.  EVERY SINGLE PERSON IS A LOSER FROM OUR LONG,

                    COMPLEX MORTGAGE FORECLOSURE PROCESS.  THE HOMEOWNER IS A LOSER

                    BECAUSE IF THERE WAS A PROMPT AND EFFICIENT FORECLOSURE PROCESS LIKE

                    WE USED TO HAVE, THERE'S A CHANCE THEY COULD RECOVER SOME OF THEIR

                    EQUITY.  THE BANK'S A LOSER BECAUSE BY THE TIME THEY GET IT THREE YEARS

                    LATER, THE PROPERTY ISN'T WORTH MUCH AT ALL.  AND, OF COURSE, THE

                    NEIGHBORS ARE LOSERS BECAUSE THEY WATCH THE PROPERTY DETERIORATE AND

                    NO ONE IS THERE TO MOW THE LAWN OR TAKE CARE OF IT.  AND NOW WE KNOW

                    THE MUNICIPALITIES ARE LOSERS BECAUSE THEY CAN COME UP AND BRING A

                    MORTGAGE FOREC -- OR AN ACTION UNDER THE ZONING OR BUILDING CODE, AND

                    IT'S MONEY RIGHT OUT OF THE TAXPAYERS' POCKET, WHICH IS JUST WHAT OUR --

                    EVERYONE IN OUR COMMUNITY WANTS TO DO, IS PAY HIGHER TAXES TO TAKE

                    CARE OF A DILAPIDATED STRUCTURE.  SO THE SOLUTION, BY THE WAY, IS NOT TO

                    PRETEND THAT THE BANKS HAVE UNLIMITED WEALTH AND THEY OUGHT TO DO IT

                    ALL ON THEIR OWN.  THAT'S NOT THE SOLUTION.  AND HERE'S WHY THAT'S NOT THE

                    SOLUTION.  BECAUSE EVERY TIME WE GO BACK TO THE BANKS AND SAY, HEY,

                    YOU KNOW, YOU WERE SO FOOLISH TO LEND MONEY TO THAT TYPE OF PERSON OR

                    WITH THAT ECONOMICS, INCOME AND CREDIT SCORE AND BACKGROUND.  YOU

                    LENT MONEY TO THAT PERSON, THEY STUCK YOU AND SO NOW WE'RE GOING

                    STUCK -- STICK YOU, THE BANK, WITH MORE EXPENSE.  AND EVERY TIME WE DO

                    THAT, THE BANKS TIGHTEN THEIR UNDERWRITING CRITERIA AND THEY REQUIRE A

                    HIGHER CREDIT SCORE, AND THEY REQUIRE MORE SECURITY AND THEY REQUIRE

                    MORE DOWN PAYMENTS.  AND EVERY TIME THEY DO THAT, PEOPLE WHO ARE

                    TRYING TO GET THEIR HOME, THEIR FIRST HOME, WHO ARE ON THE EDGES OF

                    SOCIETY, THEY GET WRITTEN OUT OF THE MARKET.  AND SO THIS BILL -- I

                                         199



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    UNDERSTAND THE FRUSTRATION LIVING NEXT TO A ZOMBIE PROPERTY, AND I

                    UNDERSTAND THE MUNICIPALITY CAN ENFORCE THEIR ZONING LAWS AND THEIR

                    BUILDING LAWS.  THEY CAN GO AFTER THE OWNER.  AND I UNDERSTAND THAT A

                    MUNICIPALITY CAN FORECLOSE ON THE UNPAID TAXES AND DO THEIR OWN

                    FORECLOSURE SALE.  THOSE ARE REMEDIES THAT EXIST NOW.  BUT LET'S BE

                    COGNIZANT THAT NOT ONLY DO WE HAVE A CONSTITUTIONAL PROBLEM WHEN WE

                    WALK IN AND SAY, WE DON'T CARE WHAT YOUR CONTRACT SAYS.  YOU NOW

                    MUST EXPEND ALL THESE ADDITIONAL FUNDS.  WE WALK IN AND SAY, WE DON'T

                    CARE THAT THE MORTGAGE IS JUST A SECURITY INTEREST.  IF YOU DON'T

                    FORECLOSE, YOU LOSE YOUR DEBT.  WE DON'T CARE IF THE HOMEOWNER MAY

                    ACTUALLY HAVE A LOT OF PROPERTIES AND A LOT OF MONEY AND HE'S JUST

                    ABANDONED THIS ONE.  WE PUT THE BANK IN THE IMPOSSIBLE SITUATION OF

                    FORECLOSING ON A PROPERTY THAT MAY NOT BE WORTH OWNING OR WRITING OFF

                    THE DEBT.  AND EVERY TIME WE DO THAT, THE BANKS INCREASE THE DOWN

                    PAYMENT FOR EVERYONE ELSE, AND THEY INCREASE THE INTEREST RATE FOR

                    EVERYONE ELSE AND THE CLOSING EXPENSES FOR EVERYONE ELSE.  THIS IS NOT

                    A -- THIS IS NOT A FREE "LET'S HAVE THE BANK COME OUT WITH ALL OF THEIR

                    MONEY BECAUSE THEY HAVE A BIG VAULT."  ALL THAT MONEY COMES OUT OF

                    OUR POCKETS, AND ESPECIALLY THE POCKETS OF THOSE WHO MOST DESPERATELY

                    WANT TO GET BANK FINANCING.  MOST OF YOU HAVE GREAT CREDIT SCORES.

                    THANKS TO MY WIFE, I DO, TOO.  AND I DON'T HAVE TROUBLE -- TROUBLE

                    WALKING INTO A BANK AND GETTING A LOAN.  BUT IF YOU'RE NOT FORTUNATE

                    ENOUGH TO HAVE A SPOUSE LIKE MINE THAT BRINGS YOUR CREDIT SCORE UP SO

                    THAT IT'S STERLING OR YOU'RE STARTING OUT WITH A NEW FAMILY OR YOU'VE GOT A

                    NEW JOB AND YOUR CREDIT SCORE ISN'T GREAT, IT'S HARD TO GET A LOAN.  AND

                                         200



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EVERY TIME WE MAKE IT MORE DIFFICULT AND MORE EXPENSIVE FOR THE BANK

                    TO MAKE THE LOAN, THE NUMBER OF PEOPLE WHO CAN GET A LOAN TO GET THEIR

                    FIRST FAMILY HOME, TO MOVE FORWARD IN LIFE, IT MAKES IT TOUGHER ON

                    THEM.

                                 SO WHILE I'M COMPASSIONATE, THE PROBLEM WITH

                    ZOMBIE PROPERTIES, PASSING A LAW THAT VIOLATES A CONTRACTUAL

                    RELATIONSHIP, INCURS LEGAL FEES ON THE PART OF A MUNICIPALITY, REQUIRES A

                    BANK TO GET A FORECLOSURE THROUGH A COURT PROCESS WHICH IT CAN'T

                    COMPLY WITH UNDER THESE TIMEFRAMES IS NOT THE ANSWER.  AND I HOPE AT

                    SOME POINT THAT WE, AS THE LEGISLATURE, HAVE THE COURAGE AND THE

                    WISDOM TO STREAMLINE THE MORTGAGE FORECLOSURE PROCESS SO THAT

                    EVERYONE CAN COME OUT BETTER IN THE FUTURE.

                                 THANK YOU, SIR.

                                 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. MCDONOUGH TO EXPLAIN HIS VOTE -- MR. MCDONALD

                    TO EXPLAIN HIS VOTE.

                                 MR. MCDONALD:  THANK YOU, MR. SPEAKER.  I WANT

                    TO THANK THE SPONSOR FOR SPONSORING THIS BILL AND CHAMPIONING IT

                    THROUGH.  IT'S GOOD TO HEAR ALL DIFFERENT MEMBERS TALKING ABOUT THE

                    CONCERNS AND WE'RE UNITED ON THE FACT THAT WE DON'T WANT ZOMBIE

                    PROPERTIES IN OUR COMMUNITY.  INTERESTINGLY ENOUGH, IN ABOUT FIVE

                                         201



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HOURS WE'RE GOING TO HAVE ZOMBIE MEMBERS WALKING THROUGHOUT THIS

                    CHAMBER, BUT THAT'S A DIFFERENT DISCUSSION.

                                 (LAUGHTER)

                                 BUT THE REALITY IS THIS:  WHEN THE ZOMBIE PROPERTY

                    ACT WAS PUT INTO PLACE TWO OR THREE YEARS AGO, THE RESPONSIBILITY WAS

                    PUT ON THE STATE OF NEW YORK, THE DEPARTMENT OF FINANCIAL SERVICES,

                    TO WORK WITH ANY MORTGAGEE, ANYONE WHO HAD AN INTEREST IN THE

                    PROPERTY, TO BRING THEM INTO COMPLIANCE TO MAINTAIN THE PROPERTIES AND

                    TO MOVE FORWARD WITH THE FORECLOSURE.  AND IT PROBABLY WOULD SERVE

                    OUR BODY WELL THIS COMING SUMMER AND FALL TO CONDUCT HEARINGS TO SEE

                    HOW THAT PROCESS IS WORKING.  OBVIOUSLY, IT'S NOT WORKING PERFECT

                    ENOUGH.  THE MEMBER HAS BUT FORWARD A BILL WHICH, ADMITTEDLY, I

                    THINK, WILL SELDOM BE USED, BUT IT ALLOWS A LOCAL GOVERNMENT INSTEAD OF

                    BECOMING THE LOCAL LANDSCAPE COMPANY AND RACKING UP TAXPAYER BILLS

                    AND EXPENSES TO HELP EXPEDITE THE FORECLOSURE, TO GET THIS PROPERTY

                    WHICH IS ABANDONED, INTO THE NEXT GENERATION'S OWNERSHIP AND TO MAKE

                    THEIR COMMUNITY THAT MUCH STRONGER.

                                 AND FOR THAT REASON, I SUPPORT THIS BILL AND THANK THE

                    SPONSOR.

                                 ACTING SPEAKER AUBRY:  MR. MCDONALD IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00440-A, CALENDAR

                                         202



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NO. 216, PERRY, BARRON, COOK, HYNDMAN, TAYLOR, RIVERA, WILLIAMS,

                    WRIGHT, WEPRIN, WALLACE.  AN ACT TO AMEND THE REAL PROPERTY LAW, IN

                    RELATION TO NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF RESIDENTIAL

                    PROPERTY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. RA ON THE BILL.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  JUST -- JUST

                    BRIEFLY ON THIS.  YOU KNOW, I UNDERSTAND THE INTENTION.  THERE -- THERE

                    ARE SITUATIONS WHERE THERE'S FRAUD IN THE TRANSFER OF -- OF REAL PROPERTY.

                    BUT WHAT THIS REQUIRES IS THAT THE COUNTY OR CITY REGISTRAR SEND NOTICE

                    THAT SAYS BASICALLY NOTICE OF A SALE OR TRANSFER OF YOUR RESIDENTIAL REAL

                    PROPERTY.  THERE ARE A COUPLE OF PROBLEMS WITH THIS.  NUMBER ONE, THIS

                    IS GOING TO BE, IN MANY CASES, AT SOME EXPENSE THAT'S -- THAT HAS TO BE

                    PAID BY -- BY THE PERSON FILING THE DEED, WHICH WE ALL KNOW THEY

                    ALREADY PAID TONS OF DIFFERENT FEES WHEN -- AS PART OF A REAL ESTATE

                    TRANSACTION.  THIS IS GOING TO BE ANOTHER ONE.  AND THEN WE'RE PUTTING A

                    NEW BURDEN ON -- ON OUR LOCAL COUNTY CLERKS OR WHOEVER IS REGISTERING

                    THE -- THE DOCUMENT.  IN MANY CASES SOMEBODY WHO KNOWS THEY WERE

                    INVOLVED IN A REAL ESTATE TRANSACTION IS GOING TO GET THIS NOTICE IN THE

                    MAIL SAYING, YOU SOLD YOUR PROPERTY.  THE PROBLEM EVEN IN THAT

                    SITUATION IS WHETHER THEY ARE ACTUALLY GETTING IT IN THE MAIL BECAUSE

                    WHAT'S GOING TO HAVE BEEN RECORDED IS SOMETHING THAT IS GOING TO SHOW

                    THEIR ADDRESS TO BE THE PROPERTY THEY JUST SOLD.  SO I'M REALLY NOT SURE

                                         203



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HOW THIS IS GOING TO IN ANY WAY PREVENT REAL ESTATE FRAUD.  AT THE END

                    OF THE DAY, IT DOESN'T AFFECT THE VALIDITY OF THE TRANSFER, AND IT'S GOING TO

                    ALSO POTENTIALLY OPEN UP OUR -- OUR LOCAL CITY AND COUNTY REGISTRARS UP

                    TO LIABILITY IF THEY FAIL TO DO THIS, EVEN THOUGH IT DOESN'T AFFECT THE

                    VALIDITY OF THE TRANSFER.  BUT IT COULD BE SOMETHING THAT'S FLAGGED LATER

                    ON, MAYBE IN A -- IN A FUTURE TITLE SEARCH OR SOMETHING OF THAT NATURE.

                                 SO, AGAIN, WE SHOULD DO THINGS TO TRY TO HELP AVOID

                    FRAUD IN REAL ESTATE, BUT I -- I JUST DON'T SEE HOW THIS IS GOING TO BE

                    EFFECTIVE IN DOING THIS.  IT'S -- IT'S GOING TO BE MORE EFFECTIVE IN POSSIBLY

                    CLOUDING THE TITLE OF PROPERTIES AND PUTTING ANOTHER BURDEN ON OUR LOCAL

                    COUNTIES AND PUTTING ANOTHER EXPENSE ON SOMEBODY WHO'S SELLING

                    PROPERTY.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL -- 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.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME WE WOULD

                    LIKE TO CALL UP RULES REPORT NO. 408, PAGE 13 BY MR. ABBATE.  RULES

                                         204



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    REPORT NO. 355, PAGE 13 BY MR. CRESPO.  AND CALENDAR NO. 520, PAGE

                    64 BY MR. LENTOL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S05905-A, RULES REPORT

                    NO. 408, SENATOR GOUNARDES (A07874-A, ABBATE, REYES).  AN ACT TO

                    AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION

                    TO MEMBERSHIP IN THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. ABBATE.

                                 MR. ABBATE:  SURELY.  I'M JUST GOING TO CHANGE IT A

                    LITTLE THAT THE WORDING ON THE MEMO AND EVERYTHING MIGHT MAKE IT A

                    LITTLE CONFUSING.  BUT BASICALLY, THIS BILL WILL TRANSFER 5,400

                    PARAPROFESSIONALS AND OUR TEACHER'S AIDES, EDUCATIONAL ASSOCIATES FROM

                    -- FROM BERS, WHICH IS THE BOARD OF EDUCATION RETIREMENT SYSTEM,

                    INTO THE TEACHERS' RETIREMENT SYSTEM IN THE CITY OF NEW YORK.

                                 MR. GOODELL:  WHY DO WE WANT TO MAKE THAT

                    TRANSFER?

                                 MR. ABBATE:  BECAUSE I THINK ORIGINALLY IT WAS

                    THOUGHT THAT OUR PARAPROFESSIONALS REALLY DO BELONG IN THE TEACHERS'

                    RETIREMENT SYSTEM.  THE REST OF THE 1,900 PEOPLE IN BERS ARE LIKE THE

                    SCHOOL CUSTODIANS, CARPENTERS, ENGINEERS AND OTHER PEOPLE.  SO, WE'RE

                    TRYING TO FIND -- WE PUT ALL PEOPLE WHO ARE ACTUALLY IN THE TEACHING

                    PROFESSION INTO ONE SYSTEM, AND NEITHER SYSTEM HAS ANY OBJECTION TO IT.

                                 MR. GOODELL:  UNDER THE CURRENT SYSTEM --

                                 ACTING SPEAKER AUBRY:  I ASSUME YOU'VE

                                         205



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ASKED HIM TO YIELD?  OKAY, JUST CHECKING.

                                 MR. GOODELL:  YOU KNOW, I AM SO THANKFUL THAT

                    MR. ABBATE HAS EXPRESSED A WILLINGNESS TO YIELD EVEN BEFORE I ASKED

                    HIM.

                                 ACTING SPEAKER AUBRY:  HE'S A GENTLEMAN.

                                 MR. ABBATE:  THE QUICKER WE DO IT, THE BETTER IT IS.

                                 (LAUGHTER)

                                 LET'S KEEP MOVING.

                                 MR. GOODELL:  IN FACT, HE -- HE YIELDED LAST NIGHT

                    IN THE PARKING LOT AND ANSWERED SOME OF THESE QUESTIONS FOR ME.

                    THANK YOU, MR. ABBATE, FOR YIELDING.  AND THANK YOU FOR REMINDING

                    ME, SIR.  BEFORE THIS -- UNDER CURRENT LAW, WASN'T IT OPTIONAL FOR THESE

                    INDIVIDUALS TO DECIDE WHICH RETIREMENT SYSTEM THEY WANTED TO BE IN?

                                 MR. ABBATE:  IT -- IT WAS SORT OF OPTIONAL.  THEY

                    WERE NOT -- WHAT HAPPENED WAS THE TEACHERS' RETIREMENT SYSTEM AND

                    BERS NEVER REALLY GAVE THE PROPER INFORMATION OUT TO THEM THAT THEY

                    COULD JOIN.  AND WHAT HAPPENED WAS THE PARAPROFESSIONAL AND THE

                    TEACHER'S AIDES WOULD ASK THE OTHER TEACHER OR PARAPROFESSIONAL IN THE

                    SCHOOL, YOU KNOW, WHAT SHOULD I CHECK OFF?  WHAT SHOULD I DO?  AND

                    OVER THE YEARS IT JUST SORT OF BECAME SOMETHING THAT PEOPLE FOLLOWED

                    AND DIDN'T DO.  AND THE NUMBERS GREW TO 50 -- ACTUALLY IT WAS 56-, IT'S

                    NOW DOWN TO 5,400.  THE NUMBERS GREW.  AND AFTER SOME THOUGHT WE

                    THOUGHT THEY SHOULD ALL BE TOGETHER, YOU KNOW, IN THAT SYSTEM.  AND AS

                    I SAID, IF YOU LOOK AT THEM, IT'S AN EDUCATIONAL ASSOCIATE, A TEACHER'S

                    AIDE, A BILINGUAL PROFESSIONAL ASSISTANT.  ALL THOSE ARE ACTUALLY TO DO

                                         206



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HANDS-ON TEACHING.

                                 MR. GOODELL:  THANK YOU VERY MUCH FOR -- FOR

                    SHARING THOSE INSIGHTS, MR. ABBATE.  THANK YOU VERY MUCH, MR.

                    SPEAKER, FOR ALLOWING ME TO ASK MR. ABBATE SOME QUESTIONS.

                                 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. A05308-B, RULES

                    REPORT NO. 355, CRESPO, DE LA ROSA, RIVERA, GALEF, D'URSO, PICHARDO,

                    WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART, BLAKE, LIPETRI,

                    DESTEFANO, STECK, BURKE, RYAN, FALL, FRONTUS, RAYNOR, CRUZ.  AN ACT

                    TO AMEND THE LABOR LAW, IN RELATION TO PROHIBITING WAGE OR SALARY

                    HISTORY INQUIRIES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 AN EXPLANATION IS REQUESTED, MR. CRESPO.

                                 MR. CRESPO:  CERTAINLY, MR. SPEAKER.  THIS BILL --

                    EMPLOYERS OFTEN SEEK THE SALARY HISTORY OF JOB APPLICANTS DURING

                    INTERVIEWS AND PROMOTIONS TO JUSTIFY GIVING THEM A LOWER PAY RATE.

                                         207



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THIS PRACTICE HAS LED TO CONTINUED WAGE INEQUALITY AND INCREASING

                    WAGE GAPS AMONG WOMEN AND PEOPLE OF COLOR IN THE STATE OF NEW

                    YORK.  BANNING THIS PRACTICE SHOULD BE THE FIRST STEP IN ENFORCING OUR

                    FEDERAL AND STATE PAY EQUITY LAWS WHICH ENSURE THE LEGAL RIGHT TO EQUAL

                    PAY FOR EQUAL WORK.  IN ORDER TO HELP ACHIEVE FAIR PAY, THIS BILL WOULD

                    PROHIBIT EMPLOYERS FROM ASKING FOR WAGE OR SALARY HISTORY AS A

                    REQUIREMENT FOR A JOB INTERVIEW, JOB APPLICATION, JOB OFFER OR

                    PROMOTION.  EMPLOYERS WOULD ALSO BE PROHIBITED FROM RELYING ON

                    SALARY OR WAGE HISTORY IN DETERMINING WHETHER TO OFFER EMPLOYMENT OR

                    IN DETERMINING WHAT WAGES OR SALARY TO OFFER AN APPLICANT.  WE'VE

                    PASSED A SIMILAR VERSION OF THIS BILL IN THE LAST TWO YEARS THAT I HAVE HAD

                    TO CHANCE TO CARRY -- CARRIED IT FOR FIVE.  AND WE'VE TALKED A LOT ABOUT

                    THE NUMBERS THAT ARE WELL PRETTY WELL-KNOWN IN TERMS OF THE PAY GAP

                    AND THE FACT THAT THE QUESTION OF SALARY HISTORY ALREADY SETS A TONE FOR

                    CATEGORIES OF PEOPLE - WOMEN, PEOPLE OF COLOR - WHO HAVE HISTORICALLY

                    BEEN OFFERED LOWER WAGES THAN WHAT WOULD OTHERWISE BE OFFERED FOR

                    THE SAME JOB.  AND THE QUESTION OF SALARY HISTORY JUST MAINTAINS THAT

                    LOWER STANDARD THROUGHOUT THE PROFESSIONAL LIVES OF -- OF THESE

                    WORKERS.  AND SO THIS BILL WOULD HELP CORRECT THAT INJUSTICE AND ALSO

                    BRING THE REST OF THE STATE INTO PARITY WITH SOMETHING THAT HAS ALREADY

                    BECOME LAW IN THE CITY OF NEW YORK, THANKS TO THE EFFORT OF

                    THEN-PUBLIC ADVOCATE, NOW ATTORNEY GENERAL, TISH JAMES.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                         208



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MR. CRESPO, WILL YOU

                    YIELD?

                                 MR. CRESPO:  YES, SIR.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. CRESPO.  I

                    UNDERSTAND THE OBJECT AND PURPOSE OF THIS, WHICH IS TO TRY TO BREAK A

                    PATTERN OF WAGE DISCRIMINATION BY INQUIRING ABOUT AN APPLICANT'S

                    BACKGROUND AND IF THEY WERE UNDERPAID IN THEIR PRIOR JOB, CONTINUING

                    THAT PRACTICE IN THE NEW JOB.  THAT'S REALLY THE THRUST OF THIS BILL, ISN'T IT?

                                 MR. CRESPO:  WELL, YES.  I -- I MEAN, I WOULD

                    MAYBE PHRASE IT JUST SLIGHTLY DIFFERENTLY, ALTHOUGH I -- I AGREE.  IT'S JUST

                    -- WE KNOW STUDY AFTER STUDY HAS DEMONSTRATED AND -- AND WE'VE SEEN

                    THE DATA.  WOMEN, WOMEN OF COLOR IN PARTICULAR, MAKE LESS FOR THE

                    SAME WORK AS THEIR PEERS.  AND IF THE QUESTION OF SALARY -- PRIOR SALARY

                    HISTORY CONTINUES TO BE THE BASIS UPON WHICH EMPLOYERS DETERMINE

                    WHAT SALARY TO THEN OFFER THAT SAME EMPLOYEE, IT PERPETUATES THAT -- THAT

                    LESS THAN ADEQUATE SALARY OFFER.  AND SO WE'RE TRYING TO ENSURE THAT THAT

                    NO LONGER OCCURS.

                                 MR. GOODELL:  AND -- AND THIS IS VERY CLEAR THAT AN

                    EMPLOYER CANNOT MAKE THAT PART OF AN APPLICATION.  CERTAINLY, THAT

                    WOULD BE AN -- INAPPROPRIATE UNDER THIS.  CANNOT ASK WHAT YOUR SALARY

                    HISTORY WAS.  IS IT OKAY FOR A POTENTIAL EMPLOYER TO SAY, WHAT KIND OF

                    SALARY ARE YOU LOOKING FOR?

                                 MR. CRESPO:  THE -- THE QUESTION -- YOU CANNOT ASK

                    -- THE EMPLOYER WOULD NOT BE ABLE TO ASK FOR THE PRIOR SALARY EARNED BY

                                         209



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT EMPLOYEE, BUT THE -- THE -- A JOB APPLICANT OR POTENTIAL EMPLOYER OR

                    EMPLOYEE SEEKING A PROMOTION CAN RAISE THEIR PRIOR SALARY HISTORY IF IT'S

                    PART OF A NEGOTIATION TO SEEK A HIGHER WAGE OFFER.

                                 MR. GOODELL:  OKAY.  AND I NOTE THE BILL SAYS THAT

                    AN APPLICANT WHO IS NOT HIRED PRESUMABLY CAN BRING AN ACTION FOR

                    DAMAGES.

                                 MR. CRESPO:  WELL, IN -- IN PRIOR VERSIONS OF THIS

                    BILL WE HAD LANGUAGE DESCRIBING PROSPECTIVE EMPLOYEES, AND WE'VE

                    NARROWED THAT TO APPLICANTS.  AND THE PURPOSE WAS TO ENSURE THAT THERE

                    WASN'T A SCENARIO WHERE SOMEONE WHO HAD NEVER ACTUALLY CONTACTED A

                    POTENTIAL EMPLOYER BUT CAME ACROSS AN AD THAT MAYBE HAD A -- A WAGE

                    HISTORY QUESTION WOULD NOT NECESSARILY HAVE THE OPPORTUNITY TO BRING

                    AN ACTION SINCE THEY NEVER REALLY INTERACTED OR -- OR -- OR REACHED OUT OR

                    WERE CONSIDERED AS A POTENTIAL EMPLOYEE.  SO WE FEEL WE'VE NARROWED

                    THAT DOWN BY DEFINING THIS BILL TO APPLY TO APPLICANTS FOR A POSITION OR

                    CURRENT EMPLOYEES SEEKING A PROMOTION.

                                 MR. GOODELL:  WHAT I WAS WRESTLING WITH, AND

                    MAYBE YOU CAN HELP ME, IF AN APPLICANT WERE ASKED, WHAT -- WHAT'S

                    YOUR PAST EMPLOYMENT?  WHAT'S YOUR PAST WAGE HISTORY, AND THAT WAGE

                    HISTORY WAS LOW AND THEY WEREN'T OFFERED THE JOB, THEN IT'S PRETTY

                    CONCLUSIVE EVIDENCE THAT THEY WEREN'T OFFERED THE JOB FOR REASONS OTHER

                    THAN THEIR WAGE HISTORY, RIGHT?  I MEAN, IF THEY COME TO YOU AND SAY,

                    HEY, LOOK.  I'VE WORKED FOR A LOT LESS, THAT'S NOT A GROUNDS FOR REFUSING

                    EMPLOYMENT.

                                 MR. CRESPO:  UNDER THIS BILL THE EMPLOYER WOULD

                                         210



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NOT BE ALLOWED TO ASK WHAT THAT PRIOR WAGE HISTORY WAS.  THE EMPLOYER

                    COULD DESCRIBE THE POSITION, THE EMPLOYER CAN MAYBE HAVE A DISCUSSION

                    ABOUT THEIR EXPECTATIONS FOR THAT POSITION, BUT ONLY ONCE AN -- AN OFFER

                    IS MADE OR IF THE APPLICANT VOLUNTEERS THAT INFORMATION AS PART OF A

                    NEGOTIATION CAN THAT CONVERSATION COME UP.

                                 MR. GOODELL:  THANK YOU VERY MUCH.

                                 ON THE BILL, SIR -- MA'AM.  ON THE BILL.

                                 ACTING SPEAKER WALLACE:  ON THE BILL.

                                 MR. GOODELL:  THANK YOU.  I APPRECIATE THE

                    SPONSOR'S DESIRE THAT WAGE -- LOW WAGES ARE NOT PERPETUATED BY AN

                    EMPLOYER ASKING WHAT THE APPLICANT'S PREVIOUS WAGE WAS.  IRONICALLY,

                    IF THE APPLICANT HAD A LOW WAGE HISTORY IN THE PAST AND WASN'T HIRED,

                    THEY WEREN'T HIRED BECAUSE OF THE FACT THEY HAD A LOW WAGE HISTORY IN

                    THE PAST AND EMPLOYER WOULD HAVE OFFERED THEM A LOWER WAGE, SO THIS

                    PRESUMABLY WOULD ONLY APPLY IN THOSE SITUATIONS WHERE THE APPLICANT

                    WASN'T A VICTIM OF DISCRIMINATION AND HAD HIGH WAGES.  SO, IRONICALLY,

                    THIS -- THE REMEDY FOR AN INDIVIDUAL WHO'S NOT HIRED IS THE EXACT

                    OPPOSITE OF THE SITUATION WE'RE TRYING TO ADDRESS, WHICH IS JUST A LITTLE

                    BIT STRANGE, IT SEEMS.  FROM THE PERSPECTIVE OF AN INDIVIDUAL WHO'S

                    ACTUALLY HIRED MANY PEOPLE OF ALL COLORS AND GENDERS, A LOT OF TIMES FOR

                    A LEGITIMATE EMPLOYER, YOU WANT TO MAKE SURE THE WAGE YOU'RE OFFERING

                    IS HIGH ENOUGH SO THAT THE EMPLOYEE WANTS TO WORK FOR YOU AND WON'T

                    TAKE YOUR JOB AS A STEPPING STONE FOR SOME OTHER JOB WHILE YOU'RE

                    INVESTING ALL THE TRAINING AND JOB EXPERIENCE IN THAT EMPLOYEE.

                                 SO I JUST THINK IT'S -- WE NEED TO BE VERY CAREFUL WHEN

                                         211



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WE'RE MOVING IN THE AREA OF INTERFERING WITH THE PRIVATE SECTOR AND THE

                    EFFORT OF EMPLOYERS AND EMPLOYEES TO REACH A MUTUALLY-SATISFACTORY

                    WAGE.  I DO APPRECIATE MY COLLEAGUE'S CONCERNS, AND CERTAINLY SUPPORT

                    100 PERCENT HIS DESIRE THAT PEOPLE BE PAID EQUAL WAGE FOR EQUAL WORK.

                                 THANK YOU SO MUCH TO MY COLLEAGUE.  THANK YOU,

                    MADAM SPEAKER.

                                 ACTING SPEAKER WALLACE:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                 ACTING SPEAKER WALLACE:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. CRESPO TO EXPLAIN HIS VOTE.

                                 MR. CRESPO:  THANK YOU, MADAM SPEAKER.  I JUST

                    BRIEFLY WANT TO APPRECIATE THE QUESTIONS AND THE CONCERNS RAISED BY MY

                    COLLEAGUE AND THE OPPORTUNITY TO DISCUSS THIS BILL A LITTLE BIT.  I'VE

                    CARRIED THIS BILL FOR FIVE YEARS NOW, AND PRIOR TO ME PICKING IT UP - I

                    KNOW SHE WAS VISITING US IN THE CHAMBER THIS WEEK - MY -- ONE OF MY

                    FORMER COLLEAGUES IN THE BRONX, ASSEMBLYWOMAN NAOMI RIVERA, HAD

                    CARRIED THIS LEGISLATION AS WELL.  SO WE'VE BEEN AT THAT THIS FOR -- FOR

                    SOME TIME.  AND IT'S A GREAT OPPORTUNITY TO SEE THIS BILL FINALLY BECOME

                    LAW.  AND AGAIN, THE CITY OF NEW YORK HAS ALREADY ADOPTED THIS RULE.

                    THIS WILL BRING PARITY ACROSS THE STATE AND MAKE SURE THAT THIS QUESTION

                    ISN'T THE BASIS TO PERPETUATE LOWER WAGES FOR INDIVIDUALS WHO HAVE

                                         212



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BEEN SUBJECTED TO LOWER WAGES UNNECESSARILY IN OUR -- IN OUR STATE.

                    AND I JUST WANT TO TAKE THIS OPPORTUNITY ALSO TO THANK THE TEAM IN -- IN

                    THE LABOR COMMITTEE, AND AUBRY, WHO IS HERE WITH ME, WHO'S HELPED

                    ME GET THROUGH MY FIRST YEAR AS LABOR CHAIR.  AND WE'VE DONE SOME

                    GOOD WORK THIS YEAR.  BUT I'M REALLY EXCITED TO SEE THIS BILL FINALLY

                    BECOME LAW, AND I'M GRATEFUL TO ALL MY COLLEAGUES WHO WILL SUPPORT IT

                    AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER WALLACE:  MR. CRESPO IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)


                                 THE CLERK:  ASSEMBLY NO. A05472-A, CALENDAR

                    NO. 520, LENTOL, MOSLEY, RAYNOR, FRONTUS, PERRY, AUBRY, QUART,

                    BARRON, D. ROSENTHAL, DE LA ROSA, EPSTEIN, HEVESI, FERNANDEZ,

                    PICHARDO, L. ROSENTHAL, BLAKE, TAYLOR, REYES.  AN ACT TO AMEND THE

                    CRIMINAL PROCEDURE LAW AND THE JUDICIARY LAW, IN RELATION TO

                    FUNCTIONS OF THE CHIEF ADMINISTRATOR OF THE COURTS; AND TO AMEND THE

                    EXECUTIVE LAW, IN RELATION TO REPORTING REQUIREMENTS.

                                 ACTING SPEAKER WALLACE:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER WALLACE:  THE CLERK WILL

                    RECORD THE VOTE.

                                         213



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RA TO EXPLAIN HIS VOTE.

                                 MR. RA:  THANK YOU, MR. [SIC] SPEAKER.  I -- I VERY

                    MUCH APPRECIATE THE INTENTION OF THIS PIECE OF LEGISLATION.  IT DEALS WITH

                    COLLECTING DATA, YOU KNOW, A LOT OF ETHNIC DATA AND THINGS OF THAT NATURE

                    ABOUT PEOPLE WHO ARE CHARGED WITH CRIMES OR VIOLATIONS, ARE

                    CONVICTED, HOW IT'S ADJUDICATED, ALL -- AGES, ALL THAT DIFFERENT STUFF.  AND

                    DATA IS A HELPFUL TO ANY OF US THAT ARE ATTEMPTING TO LEGISLATE AND FIGURE

                    OUT HOW OUR CRIMINAL JUSTICE POLICIES ARE WORKING.  BUT THE PROBLEM IS,

                    DATA TO THIS LEVEL OF DETAIL IS NOT COLLECTED BY MANY OF OUR SMALLER

                    COURTS THAT ARE ADJUDICATING THESE CASES, AND AS A RESULT, IT IS GOING TO

                    BE A BURDEN ON THEM TO TRY TO STANDARDIZE AND COLLECT ALL OF THIS DATA SO

                    THAT WE CAN UTILIZE IT.  SO, I THINK THAT, AGAIN, DATA IS ALWAYS HELPFUL

                    THAT YOU CAN LOOK AT YOUR POLICIES, HOW THEY'RE WORKING.  BUT -- BUT I

                    DON'T THINK THAT THIS APPROACH IS GOING TO BE WORKABLE IN MANY OF THE

                    PARTS OF THIS -- OF NEW YORK STATE.

                                 AND FOR THAT REASON I'M CASTING MY VOTE IN THE

                    NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER WALLACE:  MR. RA IN THE

                    NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MADAM SPEAKER, CAN WE CALL UP

                                         214



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CALENDAR NO. 528, PAGE 64 BY ENGLEBRIGHT.  CALENDAR NO. 349, PAGE

                    56 BY TITUS.  AND RULES REPORT NO. 328, PAGE 11 BY KIM.

                                 THANK YOU.


                                 THE CLERK:  ASSEMBLY NO. A06295-A, CALENDAR

                    NO. 528, ENGLEBRIGHT, GOTTFRIED, D. ROSENTHAL, BLAKE, SIMON, ROMEO,

                    ARROYO, THIELE, ABINANTI, D'URSO, LIFTON, STIRPE, JAFFEE, DICKENS,

                    GRIFFIN, SOLAGES, DE LA ROSA, EPSTEIN, COLTON, HYNDMAN, CRUZ,

                    JEAN-PIERRE, L. ROSENTHAL, PICHARDO, OTIS, ZEBROWSKI, HUNTER, GALEF,

                    DINOWITZ, GLICK, WILLIAMS, STECK, WEPRIN, NIOU, MAGNARELLI, CARROLL,

                    ORTIZ, STERN, REYES, MOSLEY, PERRY, PAULIN, FAHY, ASHBY, LUPARDO,

                    BARRON, JONES, RAIA.  AN ACT TO AMEND THE ENVIRONMENTAL

                    CONSERVATION LAW, IN RELATION TO PROHIBITING HOUSEHOLD CLEANSING

                    PRODUCTS AND PERSONAL COSMETIC PRODUCTS THAT CONTAIN 1,4-DIOXANE.

                                 ACTING SPEAKER WALLACE:  ON A MOTION BY

                    MR. ENGLEBRIGHT, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MADAM SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER WALLACE:  ON THE BILL.

                                 MR. GOODELL:  FOR THOSE OF MY COLLEAGUES THAT

                    AREN'T FAMILIAR WITH 1,4-DIOXANE, THIS IS A CHEMICAL THAT'S NOT

                    INTENTIONALLY ADDED TO ANY CONSUMER PRODUCTS, BUT IT IS THE BYPRODUCT

                    OF THE PROCESS OF ETHOXYLATION, WHICH MAKES PRODUCTS LESS ABRASIVE

                    AND ENHANCES FOAMING CHARACTERISTICS.  SO IN OTHER WORDS, WHEN THEY

                                         215



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MAKE THE PRODUCTS, PARTICULARLY COSMETICS, THIS CHEMICAL CAN

                    SOMETIMES RESULT IN THE PRODUCT AS A RESULT OF THE MANUFACTURING

                    PROCESS.  IT'S NOT AN ADDITIVE.  IT CAN BE REMOVED THROUGH A

                    VACUUM-STRIPPING PROCESS, BUT THAT THE PROCESS IS SOMEWHAT EXPENSIVE.

                    THE ORIGINAL VERSION OF THIS BANNED ALL 1,4-DIOXANE.  I WANTED TO

                    COMMEND THE SPONSOR, MY COLLEAGUE AND THE CHAIR OF THE

                    ENVIRONMENTAL COMMITTEE, BECAUSE THE AMENDED VERSION THAT WE'RE

                    CONSIDERING NOW WAS AMENDED TO RECOGNIZE THAT YOU CAN HAVE A VERY

                    SMALL TRACE AMOUNT, LESS THAN TEN PARTS PER MILLION, WITHOUT REALLY ANY

                    SERIOUS RISK.  AND THAT WAS A RECOMMENDATION THAT CAME FROM THE

                    INDUSTRY.  AND REFLECTING THAT AMENDMENT, WHICH I THOUGHT WAS A

                    THOUGHTFUL AMENDMENT, I WILL NOT BE OPPOSING THIS BILL, AND I JUST

                    WANTED TO POINT OUT TO MY COLLEAGUES THAT THAT AMENDMENT HAD

                    OCCURRED.  I WOULD EXPRESS MY CONCERN THAT WE HAVE ENVIRONMENTAL

                    SCIENTISTS WORKING FOR US IN THE DEPARTMENT OF ENVIRONMENTAL

                    CONSERVATION AND IN THE US EPA, AND ALL OF US, LATE AT NIGHT, AFTER NO

                    SLEEP, AFTER AN INTENSIVE WEEK, ARE BEING ASKED TO MAKE LEGISLATIVE

                    DETERMINATIONS OVER CHEMICALS THAT WE NEVER HEARD OF UNTIL IT WAS PUT

                    ON OUR BOARD HERE.  AND I THINK OVERALL, THAT DECISION WAS PROBABLY

                    BEST LEFT TO SCIENTIFIC EXPERTS WHO STUDY THESE SUBJECTS AND CAN

                    CORRECTLY PRONOUNCE THE NAMES OF THESE CHEMICALS.

                                 BUT, AGAIN, THANK YOU TO MY COLLEAGUE FOR BEING

                    SENSITIVE TO THE CONCERNS OF THE INDUSTRY AND MAKING THIS BILL MORE

                    PRACTICAL BY ONLY -- BY EXEMPTING THE MINIMUS AMOUNTS.  THANK YOU,

                    SIR.  THANK YOU, MADAM SPEAKER.

                                         216



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER WALLACE:  MR. MONTESANO.

                                 MR. MONTESANO:  THANK YOU.

                                 ON THE BILL

                                 ACTING SPEAKER WALLACE:  ON THE BILL.

                                 MR. MONTESANO:  THANK YOU.  I JUST -- YOU KNOW,

                    THIS PIECE OF LEGISLATION IS VERY NECESSARY.  YOU KNOW, WE'RE HAVING

                    SUCH A PROBLEM WITH THIS ADDITIVE 1,4-DIOXANE, IN OUR WATER SUPPLIES.

                    AND, YOU KNOW, THESE STANDARDS THAT ARE GOING INTO EFFECT ARE CREATING

                    HAVOC, AT LEAST IN NASSAU COUNTY AND SOME PLACES IN SUFFOLK COUNTY,

                    WHERE THE READINGS ARE HIGH.  I HAVE ONE WATER DISTRICT WITHIN MY

                    ASSEMBLY DISTRICT, THEY NEED $50 MILLION TO PUT IN THE -- THE

                    EQUIPMENT THAT WILL REMOVE THIS 1,4-DIOXANE FROM TEN WATER WELLS THAT

                    WE HAVE.  WE HAVE AN ADJOINING WATER DISTRICT WITH ABOUT THE SAME

                    AMOUNT OF MONEY THEY'RE GOING TO NEED, SO THEY HAVE TO FLOAT SOME

                    BONDS, THERE WILL BE INCREASES IN WATER RATES AND -- AND -- AND THE TAXES

                    AND THINGS OF THAT NATURE.  AND IT -- IT JUST AMAZES ME THAT THE INDUSTRY,

                    THE MANUFACTURING INDUSTRY, KNOWS THIS AND REFUSES TO DISCONTINUE

                    PUTTING THIS BYPRODUCT, NOT REMOVING IT FROM THE MANUFACTURING LINE.  IT

                    HAPPENS TO BE A BYPRODUCT OF WHATEVER THEY MANUFACTURE.  IT'S ALL THE

                    SOAPS WE USE, SHAMPOOS WE USE AND HOUSEHOLD CLEANING PRODUCTS.  BUT

                    WHAT'S INTERESTING IS, THERE ARE PRODUCTS IN THE SUPERMARKET THAT GO

                    UNDER THOSE GREEN LABELS - YOU KNOW, THESE ORGANIC-FRIENDLY LABELS -

                    THAT HAVE THIS ITEM REMOVED FROM IT ALREADY.  SO WHY CAN'T THE

                    MAINSTREAM MANUFACTURERS OF OUR PRODUCTS DO THE SAME THING AND

                    FOLLOW SUIT AND REMOVE THIS HARMFUL CHEMICAL FROM THE MANUFACTURING

                                         217



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROCESS AND NOT CONTINUE TO DO THIS?  AND -- AND I THINK THEY NEED TO

                    BECOME RESPONSIBLE NOT ONLY ON THE ENVIRONMENTAL ISSUE, BUT THE

                    HEALTH ISSUE.  BUT IF THEY CONTINUE TO INTENTIONALLY DO THIS, THEN WE MAY

                    HAVE TO LOOK AT LEGISLATION TO HOLD THEM FINANCIALLY RESPONSIBLE FOR THE

                    DAMAGES THAT WATER DISTRICTS ARE INCURRING, AND SUBSEQUENTLY THE

                    TAXPAYERS ARE INCURRING, TO REMEDY THIS SITUATION.  THE -- THE EQUIPMENT

                    NECESSARY IS VERY COMPLEX IN THE WATER DISTRICT HOME.  THEY HAVE TO

                    BUILD A NEW BUILDING AT EACH ONE OF THE WATER WELL SITES JUST TO

                    ACCOMMODATE THE AMOUNT OF THE EQUIPMENT THAT'S NECESSARY TO REMOVE

                    THIS ONE CHEMICAL FROM THE WATER SUPPLY.  AND AS WE KNOW, THERE'S

                    MANY CONTAMINANTS IN OUR WATER SUPPLIES THAT THEY'RE WORKING TO

                    REMEDIATE.

                                 SO, I'M HAPPY TO SUPPORT THIS PIECE OF LEGISLATION AND I

                    THANK THE SPONSOR FOR BRINGING IT FORWARD.  AND I'LL ASK ALL MY

                    COLLEAGUES TO PLEASE SUPPORT THIS BILL.  THANK YOU.

                                 ACTING SPEAKER WALLACE:  READ THE LAST

                    SECTION.

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

                    2022.

                                 ACTING SPEAKER WALLACE:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RA TO EXPLAIN HIS VOTE.

                                 MR. RA:  THANK YOU, MADAM SPEAKER.  I JUST WANT

                    TO, NUMBER ONE, THANK THE SPONSOR.  HE'S BEEN VERY VIGILANT ON -- ON

                                         218



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THIS ISSUE AND MAKING SURE THAT WE CONTINUE TO ADDRESS THIS ISSUE THAT

                    HAS AFFECTED SO MANY OF OUR DISTRICTS ON LONG ISLAND.  WE KNOW THERE'S

                    A LONG ROAD AHEAD TO DEALING WITH REMEDIATING THIS ISSUE.  IT'S

                    SOMETHING THAT THIS LEGISLATURE, OUR GOVERNMENT, IS GOING TO HAVE TO

                    HAVE A CONTINUING AMOUNT OF CARE AND EFFORT PUT -- PUT TOWARDS.  BUT

                    THIS IS A STEP TOWARDS STOPPING THIS FROM CONTINUING TO GO INTO OUR

                    WATER SUPPLY.

                                 SO, I PROUDLY CAST MY VOTE IN THE AFFIRMATIVE, AND I --

                    AND I LOOK FORWARD TO CONTINUING TO WORK WITH ALL OF MY COLLEAGUES SO

                    THAT WE -- WE DEVELOP THE TECHNIQUES AND THE TECHNOLOGY, AND MOST

                    IMPORTANTLY, PUT THE RESOURCES WE'RE GOING TO NEED TOWARDS

                    REMEDIATING THIS PROBLEM.  THANK YOU.

                                 ACTING SPEAKER WALLACE:  MR. GARBARINO.

                                 MR. GARBARINO:  THANK YOU, MR. [SIC] SPEAKER,

                    TO EXPLAIN MY VOTE.  I'D ALSO LIKE TO THANK THE SPONSOR FOR BRINGING THIS

                    LEGISLATION FORWARD.  IT IS SOMETHING THAT WE'VE ALL FROM LONG ISLAND

                    HAVE BEEN LOOKING FORWARD TO GET DONE FOR QUITE SOME TIME.  I ALSO

                    HAVE TO THANK A CONSTITUENT OF MINE, ADRIAN ESPOSITO FROM THE

                    CITIZEN'S CAMPAIGN FOR ENVIRONMENT.

                                 (APPLAUSE)

                                 BECAUSE OF HER, I -- I THINK I RECEIVED MORE LETTERS

                    FROM CONSTITUENTS ON THIS ISSUE THAN ANY ISSUE I HAVE IN THE LAST SEVEN

                    YEARS OF OFFICE.  SO I'M HAPPY TO BE VOTING IN THE AFFIRMATIVE TODAY AND

                    ENCOURAGE MY COLLEAGUES TO DO THE SAME.  THANK YOU.

                                 ACTING SPEAKER WALLACE:  MR. GARBARINO IN

                                         219



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)


                                 THE CLERK:  SENATE NO. S01089, CALENDAR NO.

                    349, SENATOR PERSAUD (A05016, TITUS, BARRON).  AN ACT TO AMEND THE

                    SOCIAL SERVICES LAW, IN RELATION TO EXEMPTING CERTAIN FUNDS IN A

                    QUALIFIED TUITION PROGRAM IN THE CALCULATION OF HOUSEHOLD BENEFITS

                    UNDER PUBLIC ASSISTANCE PROGRAMS.

                                 ACTING SPEAKER WALLACE:  AN EXPLANATION

                    HAS BEEN REQUESTED, MS. TITUS.

                                 MS. TITUS:  THANK YOU, MS. SPEAKER.  THIS BILL

                    IMPROVES OUR SAFETY NET PROGRAM FOR NEW YORKERS BY RECOGNIZING THE

                    IMPORTANCE OF EDUCATION, ALLOWING A FAMILY OR INDIVIDUAL TO OBTAIN,

                    SAVE, SET ASIDE MONEY FOR EDUCATION AS A MEANS TO SELF-SUFFICIENCY.

                    THIS BILL WOULD INCLUDE THE EXEMPTION OF FUNDS PUT INTO AN ELIGIBLE

                    529 ACCOUNT FOR COLLEGE SAVINGS.  THEREFORE, THIS AMOUNT WILL NOT BE

                    INCLUDED IN DETERMINING YOUR ELIGIBILITY.

                                 ACTING SPEAKER WALLACE:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MADAM SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 MS. TITUS:  YES.

                                 ACTING SPEAKER WALLACE:  THE SPONSOR

                    YIELDS.

                                         220



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS. TITUS.

                    AM I CORRECT THAT THE MAXIMUM AMOUNT THAT CAN BE PUT INTO A 529

                    SAVINGS ACCOUNT IS $375,000 PER STUDENT?

                                 MS. TITUS:  IT MIGHT BE HIGHER.  I KNOW THAT YOU'RE

                    ALLOWED AT LEAST $15,000 A YEAR, ANNUALLY.

                                 MR. GOODELL:  FIFTEEN THOUSAND A YEAR.  AND SO IF

                    YOU STARTED EARLY, OF COURSE, DEPENDING ON HOW MANY YEARS YOU WERE

                    PUTTING THE MONEY IN, IN TEN YEARS IT WOULD BE $150-, 18 YEARS WOULD

                    BE ABOUT $300-SOME THOUSAND, RIGHT?

                                 MS. TITUS:  IT COULD BE.

                                 MR. GOODELL:  SO, UNDER THIS BILL -- UNDER THIS BILL

                    AN INDIVIDUAL COULD -- COULD HAVE $300,000 IN A 529 ACCOUNT AND STILL

                    BE ELIGIBLE FOR WELFARE AT THE EXPENSE OF THE TAXPAYERS OF THE STATE?

                                 MS. TITUS:  RIGHT.  THE EXACT PURPOSE OF THIS BILL IS

                    THAT WE DO NOT WANT TO TAKE AWAY FUNDING -- WE DON'T WANT TO TAKE

                    AWAY ANY OF THAT MONEY THAT YOU'VE SAVED UP FOR YOUR CHILDREN AND

                    THEIR EDUCATION.

                                 MR. GOODELL:  AND AS YOU CORRECTLY NOTE, THIS IS A

                    FUND THAT --

                                 ACTING SPEAKER WALLACE:  EXCUSE ME, MR.

                    GOODELL.  JUST ONE SECOND.  I JUST WANT TO REMIND MEMBERS THAT WE'RE

                    ON DEBATE.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  THANK YOU FOR

                    REMINDING ME.  WHY -- WHY DO WE WANT TO ALLOW PEOPLE WHO ARE

                                         221



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    COLLECTING CASH FROM THE TAXPAYERS HAVE HUNDREDS OF THOUSANDS OF

                    DOLLARS IN A TUITION ACCOUNT WHEN WE'VE MADE TUITION FREE IN NEW

                    YORK?

                                 MS. TITUS:  WELL, AS YOU KNOW, ASSEMBLYMAN, THIS

                    IS -- THIS IS OUR SAFETY NET HERE IN NEW YORK.  SO THIS PERSON COULD VERY

                    WELL HAVE WORKED THEIR WHOLE LIFE, HAD BEEN SAVING UP THEIR MONEY,

                    AND NOW THAT THEY'VE COME UPON HARD TIMES.  WE'RE NOT LOOKING TO

                    TOTALLY RIP THEM DOWN AND DESTROY THEM, BUT RATHER JUST HELP THEM AND

                    ASSIST THEM THROUGH THESE HARD TIMES.  AND, OF COURSE, AS YOU KNOW,

                    ACCORDING TO THE FEDERAL LAW, THERE ARE PENALTIES FOR WITHDRAWING THIS

                    FUND, MONEY FROM THIS FUND, THAT YOU WOULD INCUR IF YOU TOOK MONEY

                    OUT.

                                 MR. GOODELL:  SO, BUT MY QUESTION IS STILL THE

                    SAME.  IF TUITION IS NOW FREE IN NEW YORK, WHY SHOULD WE ALLOW

                    SOMEONE TO COLLECT MONEY FROM THE TAXPAYERS UNDER SOCIAL SERVICES

                    WHILE HAVING -- WHY SHOULD WE ALLOW THEM TO PUT ASIDE HUNDREDS OF

                    THOUSANDS OF DOLLARS IN A TUITION ACCOUNT IF TUITION IS STILL FREE?

                                 MS. TITUS:  LET ME -- YOU SAID TUITION IS FREE IN THIS

                    STATE.  YOU COULD GO OUT OF STATE FOR SCHOOL.  IT DOESN'T -- YOU'RE NOT

                    LIMITED TO HAVING YOUR EDUCATION HERE IN NEW YORK STATE.

                                 MR. GOODELL:  SO THE PURPOSE OF THIS SAVINGS PLAN

                    IS TO ALLOW NEW YORK RESIDENTS WHO ARE RECEIVING NEW YORK TAXPAYER

                    ASSISTANCE TO SEND THEIR CHILDREN TO PRIVATE COLLEGES OUTSIDE OF NEW

                    YORK?

                                 MS. TITUS:  WELL, NO.  THIS IS ALSO FOR A CERTAIN

                                         222



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DURATION.  YOU'RE NOT RECEIVING TAXPAYERS FUNDS FOR AN INDEFINITE

                    AMOUNT OF TIME.  THIS IS FOR A SET AMOUNT OF TIME.  YOU'VE COME UPON

                    HARD TIMES.  THIS IS OUR SAFETY NET HERE IN NEW YORK STATE, HERE TO JUST

                    HELP YOU GET BACK ON YOUR FEET.

                                 MR. GOODELL:  AND AM I CORRECT, I THOUGHT YOU

                    SAID IT WAS $15,000 PER STUDENT, PER -- PER CHILD.

                                 MS. TITUS:  PER YEAR.  ANNUALLY, YES.

                                 MR. GOODELL:  PER YEAR.  THANK YOU.  THANK YOU,

                    MS. TITUS.

                                 ON THE BILL.

                                 MS. TITUS:  SURE.

                                 ACTING SPEAKER WALLACE:  ON THE BILL.

                                 MR. GOODELL:  OUR -- OUR WELFARE PROGRAM AND

                    OUR PUBLIC SERVICES FOR MOST COUNTIES IS THE LARGEST SINGLE COMPONENT

                    OF THEIR BUDGET.  AND FOR MANY COUNTIES, THE COST OF PUBLIC ASSISTANCE

                    ACTUALLY EXCEEDS THE TOTAL AMOUNT OF MONEY THEY RAISE ON THE REAL

                    PROPERTY TAXES.  AND SO WE CURRENTLY ALLOW INDIVIDUALS TO KEEP $2- OR

                    $3,000 CASH PLUS $4,650 IN ANOTHER ACCOUNT FOR A CAR, PLUS $1,400 FOR

                    PAYING TUITION PER YEAR.  AND NOW WE'RE BEING ASKED TO ALLOW A FAMILY

                    TO QUALIFY FOR WELFARE BY EXCLUDING $15,000 A YEAR PER CHILD THAT THEY

                    CAN PUT INTO A TUITION SAVINGS PLAN, EVEN THOUGH WE'VE ALREADY ASKED

                    THE TAXPAYERS TO PAY FOR THE TUITION IN FULL.  I MEAN, IN NEW YORK YOU

                    CAN GET FREE TUITION.  SO, IF WE PROVIDE FREE TUITION TO ANY NEW YORK

                    RESIDENT AT ANY NEW YORK COLLEGE, I DON'T UNDERSTAND WHY SHOULD WE

                    ALLOW AN INDIVIDUAL TO COLLECT PUBLIC ASSISTANCE WHILE HAVING UP TO

                                         223



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    $300-SOME THOUSAND IN A SAVINGS ACCOUNT FOR EXPENSES THEIR CHILD

                    WON'T NEED IF THAT CHILD STAYS IN NEW YORK AND GOES TO A NEW YORK

                    COLLEGE.  SO, I THINK IT'S TIME WE START FOCUSING ON WHAT WE CAN DO TO

                    REDUCE THE MASSIVE PROPERTY TAX BURDEN THAT OUR RESIDENTS ARE FACING

                    THAT'S DRIVEN BY PROGRAMS THAT WE DON'T ADJUST EVEN AFTER WE NOW OFFER

                    FREE TUITION.  WE STILL ALLOW THEM TO KEEP $300,000 IN A TUITION SAVINGS

                    ACCOUNT AND STILL QUALIFY FOR FINANCIAL SUPPORT FROM THE TAXPAYERS.

                                 THANK YOU, AGAIN, TO MY COLLEAGUE FOR HER FORTHRIGHT

                    ANSWERS AND HER WISDOM, AND THANK YOU VERY MUCH, MADAM SPEAKER.

                                 ACTING SPEAKER WALLACE:  MS. PHEFFER

                    AMATO

                                 MS. PHEFFER AMATO:  THANK YOU, MADAM

                    SPEAKER.  I JUST WANT TO THANK THE SPONSOR OF THIS LEGISLATION FOR

                    BRINGING TO THE ATTENTION WHAT CALCULATIONS THAT NEED TO BE DONE WHEN

                    WE'RE TRYING -- TRYING TO SEND OUR BEAUTIFUL CHILDREN TO COLLEGE.  BUT

                    UNFORTUNATELY, THIS WILL BE THE LAST PIECE OF LEGISLATION THAT OUR SPONSOR

                    WILL BE PRESENTING ON THE FLOOR.  SHE'S NOT SEEKING RE-ELECTION BECAUSE

                    HOPEFULLY AS OF NOVEMBER, SHE WILL BE A FINE JUDGE IN NEW YORK CITY

                    ON CIVIL COURT.  IT'S BEEN AN HONOR TO SERVE WITH MICHELE TITUS.  WE

                    SHARE A DISTRICT TOGETHER.  WE'VE MADE OUR PENINSULA THAT HAS A LINE

                    BETWEEN IT BECOME ONE PENINSULA.  I'VE APPRECIATED HER MENTORSHIP, AS

                    MY MOTHER DID FOR HER WHEN SHE WAS HERE, AND I APPRECIATE OUR

                    FRIENDSHIP.  BUT FOR ALL OF US, THIS WILL BE HER LAST PIECE OF LEGISLATION,

                    AND IT'S BEEN AN HONOR TO SERVE WITH YOU, MICHELE.

                                 (APPLAUSE)

                                         224



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER WALLACE:  MR. BARRON.

                                 MR. BARRON:  THANK YOU.  I JUST WANTED TO PRESENT

                    A POINT OF INFORMATION.  TUITION IS NOT FREE IN NEW YORK STATE.  IT'S NOT

                    FREE IN CUNY.  WHAT I THINK THE SPEAKER WAS ALLUDING TO IS THE

                    EXCELSIOR SCHOLARSHIP WHICH PROVIDES TUITION FOR MIDDLE-CLASS STUDENTS

                    AND TAP THAT ALSO PROVIDES TUITION.  BUT THERE'S NO WAY YOU COULD

                    THINK TUITION IS FREE IF IN THIS BODY WE RAISED TUITION $200 A YEAR FOR THE

                    LAST FIVE YEARS.  SO YOU DON'T RAISE TUITION IF THERE IS NONE.  WE DON'T

                    LIVE IN A TUITION-FREE UNIVERSITY.  IT'S A UNIVERSITY THAT HAS TUITION AND

                    YOU CAN GET SCHOLARSHIPS TO PAY FOR IT.  SO THERE ARE SOME PEOPLE WHO

                    GET SCHOLARSHIPS TO PAY THEIR TUITION.  AND THEN IN CUNY AND SUNY

                    THAT $6- AND $5,000, BUT THERE'S ALSO NON-TUITION COSTS.  NON-TUITION

                    COSTS THAT IS EVEN GREATER THAN THE TUITION.  SO THIS IS SORELY NEEDED.

                    AND WE SHOULD ALWAYS SUPPORT PROGRAMS THAT TRY TO ADVANCE OUR

                    PEOPLE WHO ARE ON THESE PROGRAMS TRYING TO GET FREE, TRYING TO

                    ECONOMICALLY-ADVANCED.  WE SHOULD NOT BE AGAINST PROGRAMS THAT DO

                    THAT.

                                 SO I JUST WANTED TO ENCOURAGE US TO SUPPORT THIS BILL,

                    AND MY CONGRATULATIONS TO THE SPONSOR AND ALL THAT YOU DO IN THE FUTURE.

                    BUT THIS IS A SORELY-NEEDED BILL.

                                 ACTING SPEAKER WALLACE:  MR. GOODELL, WHY

                    DO YOU RISE?

                                 MR. GOODELL:  I WAS HOPING MR. BARRON WOULD

                    YIELD.

                                 MR. BARRON:  NO.  TOO LATE.

                                         225



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  TOO LATE.  I THINK IT'S TOO LATE FOR ALL

                    OF US.  THANK YOU, MR. BARRON.

                                 ACTING SPEAKER WALLACE:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER WALLACE:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. WALCZYK TO EXPLAIN HIS VOTE.

                                 MR. WALCZYK:  THANK YOU, MADAM SPEAKER.  I

                    RISE TO EXPLAIN MY VOTE.  A -- A FAMILY OF FOUR COULD REMAIN IN A

                    STRUGGLING FAMILY OF FOUR -- OR A FAMILY WITH FOUR CHILDREN, RATHER,

                    COULD REMAIN ON PUBLIC ASSISTANCE FOR THE DURATION OF RAISING THEIR --

                    THEIR CHILDREN IN NEW YORK STATE.  OBVIOUSLY, NO ONE IN THIS -- IN THIS

                    CHAMBER WANTS TO SEE GENERATIONAL POVERTY HAPPEN.  BUT IN A SCENARIO

                    LIKE THAT, AND AS POLICYMAKERS WE CAN'T HELP BUT LOOK AT THE WORST-CASE

                    SCENARIO IN THE POLICIES THAT WE PUT FORWARD.  THEY COULD SAVE UP AND

                    REMAIN ON PUBLIC ASSISTANCE UP TO $1 MILLION FOR THEIR FOUR CHILDREN.

                    AT THE -- AT THE TERMINUS OF ALL OF THIS, WHEN EACH CHILD HAS REACHED 18

                    YOU WOULD ASSUME IF -- IF NONE OF THE CHILDREN HAD DECIDED TO GO TO

                    COLLEGE THAT THE FUNDS WOULD ROLL OVER INTO SOME OTHER COLLEGE ACCOUNT,

                    BUT ACTUALLY THEY'RE CHARGED A TEN PERCENT PENALTY AND THEY CAN TAKE THE

                    REST OF THE CASH TO DO WHAT THEY WILL WITH IT.  THAT THE MOST EGREGIOUS

                    PIECE OF THIS LEGISLATION, TO ME.  THE INTENT IS TO SEE CHILDREN GO TO

                    COLLEGE.  IF THEY DON'T GO TO COLLEGE, I -- I WOULD ENCOURAGE A FUTURE

                                         226



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SPONSOR OF LEGISLATION LIKE THIS TO FIND ANOTHER ALTERNATIVE.  JUST

                    TRANSLATING THAT TO CASH I THINK IS OFFENSIVE TO THE TAXPAYER AND COULD

                    ACTUALLY ONLY PROMOTE GENERATIONAL POVERTY IN NEW YORK STATE.

                                 SO I'LL BE VOTING NO.  THANK YOU.

                                 ACTING SPEAKER WALLACE:  MR. WALCZYK IN

                    THE NEGATIVE.

                                 MR. HEVESI TO EXPLAIN HIS VOTE.

                                 MR. HEVESI:  YES.  VERY BRIEFLY, MY -- MY

                    COLLEAGUES.  I DON'T KNOW IF WE'RE READING THE SAME BILL.  VERY SIMPLY,

                    THE POINT OF THIS BILL IS TO GET KIDS TO GO TO COLLEGE SO THEY GET OFF OF

                    PUBLIC ASSISTANCE.  IT SAVES YOU MONEY, IT HELPS THE PEOPLE.  THIS IS A

                    GREAT BILL.  I DON'T UNDERSTAND SOME OF THE ARGUMENTS.  MAYBE WE'RE

                    READING SOMETHING DIFFERENTLY.  MICHELE, THANK YOU FOR ALL YOUR WORK.

                    YOU'VE BEEN A GREAT COLLEAGUE AND A GREAT SOCIAL SERVICES CHAIR, AND

                    THIS IS GOING TO BE A LASTING TESTAMENT TO SOME OF THE GREAT WORK YOU'VE

                    DONE.  I'M GOING TO MISS YOU.  AND SORRY FOR HITTING YOU WITH THE

                    RUBBER BAND.  THANK YOU.

                                 (LAUGHTER)

                                 ACTING SPEAKER WALLACE:  MR. HEVESI IN THE

                    AFFIRMATIVE.  AND HE'S SORRY.

                                 MS. SIMOTAS TO EXPLAIN HER VOTE.

                                 MS. SIMOTAS:  THANK YOU FOR ALLOWING ME TO

                    EXPLAIN MY VOTE.  I ALSO RISE TO COMMEND THE SPONSOR FOR THIS BILL.  AS

                    A LEGISLATOR AND A COLLEAGUE AND -- AND A MOTHER, SHE -- SHE REALLY IS A

                    FIERCE ADVOCATE FOR THE CHILDREN OF OUR STATE.  I WANT TO CONGRATULATE

                                         227



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HER ON HER LAST -- ON HER LAST BILL AND WISH HER LUCK ON HER NEW

                    ENDEAVORS.  SHE'LL BE SITTING ON THE COURT WITH MY HUSBAND, SO I'M SURE

                    I WILL HEAR A LOT FROM HER.  I CAN TELL YOU FROM PERSONAL EXPERIENCE,

                    SHE'S A FANTASTIC LAWYER, SHE'S A FANTASTIC FRIEND AND I'M GOING TO MISS

                    YOU.  THANK YOU.

                                 (APPLAUSE)

                                 MS. SIMOTAS IN THE AFFIRMATIVE.

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU.  I WISH THE VERY BEST TO

                    MY COLLEAGUE, MS. TITUS.  SHE IS NOT ONLY WELL-KNOWN AND RESPECTED

                    HERE, BUT ALSO IN NEW YORK CITY.  AND MANY OF YOU MAY NOT REALIZE,

                    EVEN IN MY COUNTY, OVER 450 MILES AWAY FROM NEW YORK CITY, WE

                    HAVE A ROAD NAME TITUS ROAD.

                                 (LAUGHTER)

                                 ACTING SPEAKER WALLACE:  MS. RICHARDSON

                    TO EXPLAIN HER VOTE.

                                 MS. RICHARDSON:  THANK YOU, MR. [SIC] SPEAKER.

                    I WANT TO COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION BECAUSE THIS

                    LEGISLATION REALLY SPEAKS TO THE STORY OF MY LIFE.  PRIOR TO BEING ELECTED

                    INTO THE NEW YORK STATE LEGISLATURE, I WAS A RECIPIENT OF WELFARE

                    BENEFITS.  NOT ONLY THAT, WHILE DOING THAT SIMULTANEOUSLY I WAS ALSO

                    HAVING A 529 ACCOUNT FOR MY SON, TRYING TO SAVE FOR HIS COLLEGE FUTURE.

                    AS I FELL ON MY HARD TIMES - AND LOOK AT ME, I BOUNCED BACK VERY

                    STRONG TODAY - I WOULDN'T HAVE WANTED MY SON'S FUTURE TO BE ROBBED FOR

                    MY HARDSHIP.  SO I REALLY WANT TO COMMEND THE SPONSOR TO -- OF THIS

                                         228



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    LEGISLATION.  AND IT'S JUST A TRUE TESTAMENT OF HER LEADERSHIP HERE IN THE

                    STATE LEGISLATURE AND HER BEING VERY IN TUNE WITH FAMILIES AND THE

                    COMMUNITY AND JUST THE PLIGHT THAT WE GO THROUGH AS WE STRUGGLE TO BE

                    SUCCESSFUL.  BUT MOREOVER, AS WE ARE COMING TO THE CLOSE OF THIS

                    LEGISLATIVE SESSION, I JUST WANT TO LOOK OVER AT THE ASSEMBLYWOMAN

                    AND JUST TELL HER JUST HOW MUCH I APPRECIATE HER AND HER LOVE THAT SHE'S

                    SHOWN ME AS A NEW LEGISLATOR WHEN I ARRIVED HERE FOUR YEARS AGO.  AND

                    I JUST WANT TO THANK YOU FOR ALWAYS BELIEVING IN ME AND ALWAYS GIVING

                    ME A DOSE OF ENCOURAGEMENT WHEN I NEEDED IT.  WE LOVE YOU AND WE

                    WILL MISS YOU.

                                 AND WITH THAT I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER WALLACE:  MS. RICHARDSON

                    IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S05933-A, RULES REPORT

                    NO. 328, SENATOR COMRIE (A02040-A, KIM, BRAUNSTEIN, LAVINE, DILAN,

                    QUART, BARNWELL, VANEL, STECK, BICHOTTE, HEVESI, NIOU, BLAKE, WRIGHT,

                    WEPRIN, CUSICK, REYES).  AN ACT TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO DAMAGES TO CONTRACTS OCCASIONED BY DELAY.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION HAS

                    BEEN REQUESTED, MR. KIM.

                                         229



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. KIM:  YES, THANK YOU, MR. SPEAKER.  THIS BILL

                    PROVIDES FOR THE PAYMENT OF LAY DAMAGES TO CONTRACTORS WORKING ON

                    PUBLIC WORK PROJECTS REQUIRING -- REQUIRING ALL STATE CONTRACTS TO

                    PROVIDE A CLAUSE ENABLING CONTRACTORS TO RECOVER DAMAGES FOR PROJECT

                    DELAYS WHERE THE DELAY IS BOTH UNREASONABLE AND THE FAULT OR

                    RESPONSIBILITY OF A STATE AGENCY.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. KIM, WILL YOU

                    YIELD?

                                 MR. KIM:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

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

                    AS I UNDERSTAND IT, THE WAY THIS BILL WOULD WORK IS THAT IF THE STATE WAS

                    INVOLVED IN A CONSTRUCTION PROJECT OR ANY OF ITS AGENCIES, AND

                    PRESUMABLY COMPLYING WITH THE WICKS LAW, PRESUMABLY WERE

                    COMPLYING WITH THAT, AND AS A RESULT WE HAVE MULTIPLE CONTRACTORS

                    WORKING ON THE SAME PROJECT.  AND FOR ONE REASON OR ANOTHER, ONE OF

                    THE CONTRACTORS IS UNABLE TO WORK IN A TIMELY MANNER AND THE OTHER

                    CONTRACTORS ARE NOW AT A STANDSTILL, THAT THE OTHER CONTRACTORS COULD SUE

                    THE STATE OF NEW YORK FOR DAMAGES?

                                 MR. KIM:  YEAH, THERE'S A -- NO, THAT'S NOT THE CASE.

                    THERE'S A NUMBER OF OTHER FACTORS WHERE -- AND THE STATE COULD BE

                    RESPONSIBLE FOR DELAY.

                                         230



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  I APOLOGIZE, I COULDN'T HEAR YOU.

                                 MR. KIM:  THERE'S -- THE STATE WOULD BE RESPONSIBLE

                    FOR THE DELAY AND THERE WOULD BE A NUMBER OF OTHER FACTORS.  CAN YOU

                    JUST REPEAT THAT LAST PART, MR. GOODELL?  I DIDN'T...

                                 MR. GOODELL:  CERTAINLY.  OFTENTIMES ON A

                    CONSTRUCTION PROJECT THERE ARE DELAYS THAT OCCUR THAT ARE NOT THE FAULT OF

                    THE STATE.  THAT THEY'RE A FAULT BECAUSE ONE OF THE CONTRACTORS IS FALLING

                    BEHIND OR MAYBE THEY HAD A STRIKE OR THEY GO OUT OF BUSINESS OR OTHER

                    REASONS.  AND AS I UNDERSTAND THIS, THIS LEGISLATION WOULD ALLOW THE

                    OTHER CONTRACTORS TO SUE FOR -- SUE THE STATE FOR DAMAGES.

                                 MR. KIM:  RIGHT.  I UNDERSTAND THAT.  I THINK -- NO,

                    WE WOULD ONLY ALLOW FOR RECOVERY WHEN THE DELAY IS CAUSED BY THE

                    NEGLIGENCE OF THE STATE AGENCY.  SO IF THE DELAY'S CAUSED BY THE

                    MISTAKE OR NEGLIGENCE OF THE CONTRACTOR OR SUBCONTRACTOR, THERE WOULD

                    BE NO GROUNDS FOR A CLAIM AGAINST THE STATE AGENCY.  DOES THAT CLARIFY?

                                 MR. GOODELL:  SO UNDER WHAT CRITERIA WOULD THIS

                    STATE LIABILITY BE TRIGGERED?  TO BE -- LET ME SEE IF I CAN SUMMARIZE IT.

                    THE FAILURE OF THE STATE TO TAKE REASONABLE MEASURES TO COORDINATE THE

                    PROGRESS?

                                 MR. KIM:  WHEN THE DELAY IS BOTH UNREASONABLE AND

                    AT THE FAULT OR RESPONSIBILITY OF THE STATE AGENCY.

                                 MR. GOODELL:  OKAY.  SO HOW -- HOW DO YOU

                    ALLOCATE RESPONSIBILITY BETWEEN THE STATUTORY OBLIGATION THAT WOULD BE

                    CREATED UNDER THIS FOR THE STATE TO MAKE REASONABLE MEASURES TO

                    COORDINATE THE PROGRESS OF THE WORK WITH A CONTRACTOR WHO IS NOT SUING

                                         231



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    YOU, OBVIOUSLY, BUT A CONTRACTOR THAT'S RUNNING INTO PROBLEMS.  DOES

                    THIS MEAN THAT THE STATE COULD FACE LIABILITY IF THEY DIDN'T DECLARE THE

                    DELINQUENT CONTRACTOR IN DEFAULT FAST ENOUGH OR CALL IN A PERFORMANCE

                    BOND OR --

                                 MR. KIM:  THE CONTRACTOR --

                                 MR. GOODELL:  WHAT'S THE -- WHAT'S THE OBLIGATION

                    TO THE STATE?

                                 MR. KIM:  -- WOULD HAVE TO KEEP METICULOUS AND

                    DETAILED RECORDS OF A SITUATION AND WOULD HAVE TO BRING THAT TO THE

                    COURT AND JUSTIFY THAT THERE IS AN UNREASONABLE DELAY, A DEFAULT OF

                    RESPONSIBILITY OF THE STATE AGENCY.

                                 MR. GOODELL:  NOW IF I'M NOT MISTAKEN, FROM

                    YOUR MEMO, SIMILAR LANGUAGE IS CURRENTLY IN OGS CONSTRUCTION

                    CONTRACTS?

                                 MR. KIM:  YES, IT IS.  THIS IS MODELED AFTER OGS AND

                    A NUMBER OF OTHER STATE AGENCIES THAT HAVE ALREADY ADOPTED THIS POLICY.

                    AND I BELIEVE, I THINK, 13 OTHER STATES ALREADY HAVE THIS OR SOME FORM

                    OF THIS KIND OF LANGUAGE IN THEIR STATE CONTRACTS.

                                 MR. GOODELL:  SO IS IT FAIR TO SAY TO SAY THAT NO

                    STATE AGENCY NEEDS THIS LEGISLATION IN ORDER TO IMPLEMENT THIS ON THEIR

                    OWN?

                                 MR. KIM:  NO.  BECAUSE OTHER -- IF -- THERE'S QUITE A

                    FEW OTHER STATE AGENCIES THAT DO NOT INCLUDE THIS CLAUSE.  WE WANT TO

                    MAKE SURE THAT THEY FOLLOW OGS, WHICH NOW HAS A VERY SUCCESSFUL

                    TRACK RECORD OF WORKING WITH CONTRACTORS, NOT -- AND THERE IS NO

                                         232



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    INCREASE OF LAWSUITS, AS -- AS YOU MAY ALLUDE TO, AS A RESULT OF THIS

                    CLAUSE.  IT'S ACTUALLY FUELING A HEALTHIER ENVIRONMENT WHERE -- WHERE

                    THERE'S A BETTER TRUST BETWEEN THE CONTRACTOR AND THE STATE AGENCY.

                                 MR. GOODELL:  BUT THERE'S NO LEGAL IMPEDIMENT

                    FOR ANY STATE AGENCY TO DO WHAT THIS BILL CALLS FOR, CORRECT?

                                 MR. KIM:  AT THIS POINT, YES.

                                 MR. GOODELL:  OKAY.  THANK YOU, MR. KIM.

                                 MR. KIM:  THANK YOU.

                                 MR. GOODELL:  I APPRECIATE IT.  AND ALSO, BY THE

                    WAY - I APOLOGIZE, BEFORE YOU SIT DOWN - YOU'VE MADE A NUMBER OF

                    MODIFICATIONS ON THIS OVER TIME.

                                 MR. KIM:  YES, WE DID.  THANK YOU FOR YOUR

                    CONTINUOUS FEEDBACK OVER THE YEARS.  AND WORKING WITH THE SECOND

                    FLOOR ON SOME OF THE MESSAGE ON THE VETO, WE'VE REVISED THE

                    LEGISLATION.  NOW THIS IS LIMITED.  AN APPLICATION IS SCOPED ONLY TO THE

                    STATE AGENCIES AND STATE AUTHORITIES, AND IT REMOVES PRIOR LANGUAGE THAT

                    THE GOVERNOR WAS CONCERNED COULD ESTABLISH PRIVITY OF CONTRACT

                    BETWEEN A SUBCONTRACTOR AND A PUBLIC AGENCY AND OTHER THIRD PARTIES,

                    AND FURTHER LIMITS AND NARROWS THE CRITERIA OF THE LAY DAMAGES CLAIMS

                    AGAINST THE STATE AGENCY.

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

                                 MR. KIM:  THANK YOU, MR. GOODELL.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                         233



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  THANK YOU.  AS I MENTIONED, I

                    APPRECIATE THE SPONSOR'S CONTINUED EFFORTS TO IMPROVE THIS LEGISLATION,

                    TO ADDRESS A VETO THAT CAME FROM THE GOVERNOR, TO MORE CAREFULLY TAILOR

                    THESE PROVISIONS.  AND -- AND I APPRECIATE THOSE EFFORTS.  AND I THINK

                    THIS BILL THAT WE'RE LOOKING AT TODAY IS SUBSTANTIALLY IMPROVED AS A

                    RESULT OF HIS CONTINUOUS EFFORTS.  I DO HAVE A CONCERN, HOWEVER, THAT I'LL

                    JUST MENTION FOR ALL OF YOU TO CONSIDER.  AND THAT IS UNDER THE WICKS

                    LAW, THE STATE IS OBLIGATED TO BREAK ALL OF ITS CONSTRUCTION CONTRACTS

                    INTO FOUR COMPONENTS UNLESS WE DO SPECIAL LEGISLATION THAT AUTHORIZES

                    DESIGN-BUILD OR WAIVES THE WICKS LAW.  AND THE PROBLEM WHEN YOU

                    TAKE A CONSTRUCTION CONTRACT AND DIVIDE IT INTO MULTIPLE COMPONENTS IS

                    YOU NOW HAVE -- YOU NO LONGER HAVE ONE CONTRACTOR IN CHARGE OF THE

                    WHOLE PROJECT.  AND SO TYPICALLY, THE STATE WILL THEN HIRE YET ANOTHER

                    ENTITY TO BE THE CONSTRUCTION MANAGER TO COORDINATE ALL OF IT.  AND OF

                    COURSE THE MORE COMPANIES THAT YOU HAVE - ALL OF THEM INTER-RELATED ON

                    A MAJOR CONSTRUCTION PROJECT - THE MORE LIKELY YOU'RE GOING TO HAVE

                    DELAYS.  THEY'RE NOT THE FAULT OF THE STATE, NOR EVEN THE FAULT OF THE

                    CONSTRUCTION MANAGER.  AND I EXPERIENCED THIS MYSELF.  IT GAVE ME A

                    GREAT OPPORTUNITY TO LEARN A LOT ABOUT CONTRACT LAW AND PERFORMANCE

                    BONDS AND THE LIKE WHEN WE WERE IN THE MIDDLE OF A -- A JAIL PROJECT

                    AND ONE OF THE SUBCONTRACTORS WENT BANKRUPT.  WHAT A ROYAL PAIN IN THE

                    NECK.  AND THE WHOLE PROJECT CAME TO A SCREECHING HALT WHILE WE TRIED

                    TO ARRANGE A SUBSTITUTE SERVICE AND COMPLY WITH ALL THE COMPETITIVE

                    BIDDING AND GET THE PROJECT RESTARTED.  AND IT IS A REAL CHALLENGE.  AND

                    SO MY CONCERN IS THAT WE ARE ASKING THE STATE TAXPAYERS TO ACCEPT

                                         234



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    LIABILITY WHEN A PROJECT IS DELAYED - EVEN THOUGH IT MAY NOT BE THE FAULT

                    OF THE STATE, THE STATE MAY HAVE NO EMPLOYEES INVOLVED IN THE PROJECT -

                    BASED ON A CLAIM BY THE OTHER CONTRACTORS THAT THE STATE DIDN'T RESPOND

                    FAST ENOUGH TO CORRECT THE DEFAULT OF SOME THIRD-PARTY.  SO WE HAVE TO

                    BE VERY CAREFUL.  I APPRECIATE THE EFFORTS WE -- WE'VE GONE THROUGH, AND

                    I LOOK FORWARD TO MONITORING THIS CAREFULLY TO MAKE SURE THAT MY

                    CONCERNS DO NOT BECOME A REALITY.

                                 AGAIN, THANK YOU, SIR, AND THANK YOU TO THE SPONSOR.

                                 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.)

                                 MS. BICHOTTE TO EXPLAIN HER VOTE.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  I, AGAIN, WANT TO THANK THE SPONSOR

                    FOR REINTRODUCING THIS BILL AND BEING VERY DILIGENT IN DELAYED DAMAGES

                    AS IT RELATES PROTECTING SMALL BUSINESSES AND MINORITY AND WOMEN

                    BUSINESSES WHEN IT COMES TO DELAYED DAMAGES THAT ARE CAUSED BY THE

                    STATE AGENCIES AND THE STATE AUTHORITIES.  MANY TIMES, AS MWBES AND

                    SMALL BUSINESSES, WE -- OR THEY DON'T HAVE THE OPPORTUNITY TO HAVE THE

                    WORKING CAPITAL TO KEEP THEIR OPERATIONS GOING WHEN UNFORESEEN EVENTS

                    HAPPEN THAT CAUSES THE DELAY DAMAGES.  AND IT'S UNFAIR.  WE, AS STATE

                    LEGISLATORS IN NEW YORK STATE, WE PUT PROGRAMS IN PLACE AND PUBLIC

                                         235



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CONTRACTS SO THAT WE UPLIFT AND GIVE OUR SMALL BUSINESSES AN

                    OPPORTUNITY TO EXCEL AND PRODUCE ECONOMIES IN OUR COMMUNITY.  SO

                    THIS BILL, AGAIN, IS BEING REINTRODUCED TO SPECIFICALLY ADDRESS STATE

                    AGENCIES AND STATE AUTHORITIES WHO WILL BE LIABLE FOR DELAYED DAMAGES.

                    AND IT WOULD ALSO BE UNIFORM WITH OGS, WHICH IS A STATE AGENCY THAT'S

                    ALREADY DOING THIS.  AND AS MENTIONED BEFORE, THERE ARE 19 OTHER STATES

                    THAT LIMIT THE NO DELAY DAMAGES.  AND THE FACT THAT OGS, WHICH IS A

                    NEW YORK STATE AGENCY, IS ALREADY PRACTICING NO DELAY DAMAGES, THIS

                    WILL BE A GOOD BILL SO THAT THE OTHER STATE AGENCIES AND AUTHORITIES ALSO

                    PRACTICE THE SAME THING.

                                 SO, AGAIN, I WANT TO THANK OUR SPONSOR AND I WILL VOTE

                    IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE IN THE

                    AFFIRMATIVE.

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  JUST -- I'M JUST

                    VERY GLAD THAT WE CAN PASS THIS AGAIN THIS YEAR WITH THE RIGHT

                    AMENDMENTS TO MAKE SURE THAT IT CAN GO DOWNSTAIRS AND BE SIGNED INTO

                    LAW.  THIS WILL HAVE A POSITIVE IMPACT ON OUR MWBES WHO ARE OFTEN

                    SIDELINED AND -- WHEN THERE'S A DELAYED DAMAGE, AND THEY HAVE TO CARRY

                    THE BURDEN.  THEY OFTEN CANNOT DO SO, OFTEN -- AND SO THEY CAN'T

                    COMPETE EVEN FOR THE CONTRACTORS AND SUBCONTRACTORS THAT ARE OUT THERE.

                    SO I WANT TO THANK MY COLLEAGUES FOR THE CO-SPONSORSHIP AND

                    RODNEYSE BICHOTTE FOR HER WORK ON MWBE REFORM.  I LOOK FORWARD TO

                    CONTINUE TO MONITOR -- MONITORING THIS AND WORKING ON OTHER

                                         236



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROGRESSIVE LEGISLATIONS IN THE FUTURE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME CAN WE CALL

                    UP RULES REPORT NO. 274, PAGE 10, MS. WEINSTEIN; RULES REPORT NO.

                    456, MS. ROSENTHAL ON PAGE 14; RULES REPORT NO. 313, PAGE 10,

                    ROSENTHAL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.

                    PAGE 10, RULES REPORT NO. 274.


                                 THE CLERK:  ASSEMBLY NO. A06369, RULES REPORT

                    NO. 274, WEINSTEIN.  AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN

                    RELATION TO THE AUTHORITY OF CERTAIN MUNICIPALITIES TO LEVY AN EXCISE TAX

                    ON THE SALE OF TOBACCO PRODUCTS OTHER THAN CIGARETTES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    WEINSTEIN, 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.

                                         237



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S05935-A, RULES REPORT

                    NO. 456, SENATOR HARCKHAM (A07246-B, L. ROSENTHAL, QUART,

                    RICHARDSON, CARROLL, WEPRIN, SIMON, GOTTFRIED).  AN ACT TO AMEND THE

                    SOCIAL SERVICES LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO

                    MEDICATION FOR THE TREATMENT OF SUBSTANCE USE DISORDERS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  THIS WOULD ALLOW

                    MEDICAID PATIENTS TO RECEIVE SUBSTANCE ABUSE TREATMENT THAT INCLUDES

                    DRUGS LIKE VIVITROL.  THE PROBLEM THAT SOME OF THE HEALTHCARE

                    PROFESSIONALS HAVE BROUGHT TO OUR ATTENTION IS THAT VIVITROL CAN ONLY BE

                    GIVEN TO AN INDIVIDUAL AFTER THEY'VE BEEN COMPLETELY DETOXED FROM ANY

                    OF THE OTHER DRUGS OR YOU CAN HAVE A SERIOUS AND SEVERE REACTION.  AND

                    SO, SOME OF THE HEALTH CARE PROFESSIONALS ARE RECOMMENDING THAT YOU

                    HAVE PRIOR APPROVAL, EVEN FOR MEDICAID CLIENTS, TO AVOID -- AVOID THOSE

                    UNINTENDED NEGATIVE REACTIONS.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. LINDA -- NO.

                                         238



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (PAUSE)

                                 MS. ROSENTHAL TO EXPLAIN HER VOTE.

                                 MS. ROSENTHAL:  TO EXPLAIN MY VOTE.  THANK

                    YOU, MR. SPEAKER.  MEDICATION-ASSISTED TREATMENT, OR MAT, IS AN

                    EVIDENCE-BASED TREATMENT METHOD THAT USES FDA-APPROVED

                    MEDICATIONS TO HELP AN INDIVIDUAL DEAL WITH A SUBSTANCE USE DISORDER.

                    MEDICATION SUCH AS METHADONE, BUPRENORPHINE AND NALTREXONE HAVE ALL

                    BEEN USED SUCCESSFULLY, AND MORE TREATMENT PROVIDERS ARE TURNING TO

                    THIS APPROACH GIVEN ITS ABILITY TO REDUCE AND BLOCK CRAVINGS, EASE

                    WITHDRAWAL SYMPTOMS AND ENABLE AN INDIVIDUAL TO REACH RECOVERY

                    MORE EASILY.  MEDICATIONS USED IN MAT ARE NOT INTERCHANGEABLE, AND

                    EACH PATIENT MAY REACT DIFFERENTLY.  SO UNDER CURRENT LAW, INDIVIDUALS

                    UNDER MEDICAID ARE NOT GIVEN THE OPPORTUNITY TO ACCESS ALL FORMS OF

                    MAT AND MAY BE LIMITED TO ONE SPECIFIC TYPE.  THIS BILL WOULD ALLOW

                    INDIVIDUALS UNDER MEDICAID THE ABILITY TO ACCESS WHICHEVER MAT

                    MEDICATION IS MOST BENEFICIAL TO THEM AND THEIR NEEDS WITHOUT

                    MANDATED PRIOR AUTHORIZATION SO THAT THEY CAN TRY TO GET ON THE ROAD TO

                    A PRODUCTIVE LIFE.

                                 I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S02387-B, RULES REPORT

                                         239



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NO. 313, SENATOR PERSAUD (A00164-B, L. ROSENTHAL, SIMON,

                    SEAWRIGHT, ROZIC, JAFFEE, NIOU, WRIGHT, DICKENS, GALEF, WALLACE,

                    HYNDMAN, BICHOTTE, ARROYO, ENGLEBRIGHT, PICHARDO, RIVERA, D'URSO,

                    TAYLOR, GOTTFRIED, B. MILLER, BARRON, BLAKE, LAVINE, EPSTEIN, THIELE,

                    SIMOTAS, RAYNOR, CRUZ, FERNANDEZ, ORTIZ, SAYEGH, DE LA ROSA,

                    SOLAGES, REYES, BUTTENSCHON, D. ROSENTHAL, MOSLEY, ROMEO,

                    JEAN-PIERRE, GRIFFIN, ABINANTI, WEPRIN).  AN ACT TO AMEND THE GENERAL

                    BUSINESS LAW, IN RELATION TO MENSTRUAL PRODUCT LABELING.

                                 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.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE CALL RULES

                    REPORT NO. 433, PAGE 14, TAYLOR; RULES REPORT NO. 343, PAGE 12 BY

                    MR. BUCHWALD; AND RULES REPORT NO. 330, PAGE 11 BY MRS. GUNTHER.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08227-B, RULES

                    REPORT NO. 433, TAYLOR.  AN ACT TO AMEND THE ELECTION LAW, IN

                    RELATION TO PARTY COMMITTEE MEETING AND ORGANIZATION REQUIREMENTS.

                                         240



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 SERGEANT-AT-ARMS:  QUIET, PLEASE.

                                 NOT YOU.  (SPEAKING TO MR. GOODELL.)

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  EVERYBODY ELSE, MR.

                    GOODELL.  YOU HAVE THE FLOOR.

                                 MR. GOODELL:  I'M -- I'M WELL-TRAINED.  AND

                    WAYNE MADE ME FEEL RIGHT AT HOME.

                                 YOU MAY RECALL, EARLIER THIS YEAR WE PASSED LEGISLATION

                    TO MOVE THE PRIMARY FROM SEPTEMBER 15TH TO THE THIRD TUESDAY IN

                    JUNE.  SOMETIME, LIKE, NEXT WEEK.  AND ON THAT PRIMARY DATE IS WHEN

                    WE ELECT THE COMMITTEE STRUCTURE.  SO, THE REPUBLICAN COMMITTEE

                    MEMBERS, DEMOCRATIC COMMITTEE MEMBERS AND THE REST OF THE

                    COMMITTEES FROM THE DIFFERENT PARTIES.  AND UNDER CURRENT LAW THOSE

                    NEWLY-ELECTED COMMITTEE PEOPLE ARE REQUIRED TO MEET WITHIN A -- JUST A

                    FEW WEEKS AND ELECT A NEW CHAIRMAN AND OFFICERS AND TAKE OVER

                    CONTROL OF THE LOCAL PARTY.  BECAUSE WE MOVED THAT DATE UP INTO JUNE,

                    THAT MEANS THE ORGANIZATIONAL MEETING HAS TO BE HELD IN THE BEGINNING

                    OF JULY.  WHICH IS A DIFFICULT TIME FOR MANY PEOPLE BECAUSE THEY WOULD

                                         241



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PREFER TO BE TRAVELING AND BEING ON SUMMER VACATION THAN ORGANIZING

                    THE PARTY.  AND SO THIS BILL WOULD MOVE THAT ORGANIZATIONAL MEETING TO

                    NO LATER -- OR NO EARLIER THAN SEPTEMBER 17TH AND NO LATER THAN OCTOBER

                    6TH.  HERE'S THE PROBLEM YOU HAVE TO FACE IF WE ADOPT THIS BILL:  YOU

                    COULD HAVE A PARTY FIGHT OVER WHO'S CONTROLLING THE LOCAL PARTY.  AND

                    YOU COULD HAVE THE NEW GROUP ELECTED UNANIMOUSLY OR NEARLY

                    UNANIMOUSLY IN JUNE.  BUT EVEN THOUGH THEY'RE ELECTED IN JUNE, THIS BILL

                    WOULD SAY THEY CAN'T ORGANIZE UNTIL SEPTEMBER WITH A GENERAL ELECTION

                    JUST A FEW WEEKS AWAY.  SO YOU COULD HAVE THE OLD MANAGEMENT OF

                    YOUR PARTY - YOUR LOCAL COUNTY COMMITTEE OR WHATEVER THE COMMITTEE IS

                    - YOU COULD HAVE THE OLD GROUP IN CHARGE OF ALL OF THE PARTY APPARATUS,

                    INCLUDING THE FUNDING AND ALL THE STAFF AND ALL THE RESOURCES, RIGHT UP

                    UNTIL JUST BEFORE THE ELECTION.  NOW EVEN THOUGH IT IS AWKWARD TO HAVE

                    AN ORGANIZATIONAL MEETING IN JULY, IF YOU HAVE AN INTERNAL FIGHT THERE IS

                    NO WAY YOU WANT TO KEEP THE OLD GROUP IN CHARGE UNTIL JUST BEFORE THE

                    ELECTION.

                                 SO WHILE I APPRECIATE THE DESIRE OF THE SPONSOR TO

                    MAKE THAT ORGANIZATIONAL MEETING MORE CONVENIENT BY NOT HAVING IT IN

                    JULY, HAVING IT JUST BEFORE THE ELECTION MEANS THE GROUP THAT MAY HAVE

                    BEEN THROWN OUT IS IN CHARGE OF YOUR ELECTION UNTIL JUST A FEW WEEKS

                    BEFORE.  AND BY THEN, IF THEY'RE NOT SUPPORTING YOU, THERE WON'T BE A

                    DIME IN THE TREASURY.  SO KEEP THAT IN MIND, MY FRIENDS, WHEN YOU LOOK

                    AT THIS -- THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         242



                    NYS ASSEMBLY                                                      JUNE 20, 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:  SENATE NO. S01456, RULES REPORT NO.

                    343, SENATOR SANDERS (A04452, BUCHWALD, JAFFEE, GALEF, OTIS, PAULIN,

                    LAVINE, ZEBROWSKI, SIMON, MCDONOUGH, RA, GOTTFRIED, CAHILL,

                    COLTON, RODRIGUEZ, ROZIC, ORTIZ, BRONSON, BENEDETTO, HEVESI,

                    M.G. MILLER, BRABENEC, ABBATE, PERRY, CARROLL).  AN ACT TO AMEND THE

                    LABOR LAW, IN RELATION TO LICENSES TO PURCHASE, USE OR STORE CERTAIN

                    COMPOUNDS.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. GOODELL:  A PRODUCT THAT'S POPULAR AMONG

                    SPORTSMEN, PARTICULARLY THOSE WHO ENJOY RIFLE PRACTICING, IS A PRODUCT

                    CALLED TANNEREX [SIC].  AND TANNEREX [SIC] IS APPLIED TO THE TARGET IF

                    THE TARGET IS A SUBSTANTIAL DISTANCE AWAY SO THAT IF THE BULLET HITS THE

                    TARGET, THE TANNEREX [SIC] PRODUCES A SMALL EXPLOSION SO IT CAN BE SEEN

                    BY THE -- BY THE MARKSMAN.  THIS BILL WOULD MAKE IT ESSENTIALLY ILLEGAL

                    FOR SPORTSMEN IN NEW YORK STATE TO BUY OR POSSES TANNEREX.  AND

                    THOSE OF US IN THE COUNTRYSIDE THAT CAN ENJOY AND APPRECIATE GOOD

                    MARKSMANSHIP, THIS IS ANOTHER INFRINGEMENT, ALBEIT SOMEWHAT LESS THAN

                                         243



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE SAFE ACT, ON OUR 2ND AMENDMENT RIGHTS.

                                 THANK YOU, SIR.

                                 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. BUCHWALD TO EXPLAIN HIS VOTE.

                                 MR. BUCHWALD:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  IT'S MY PLEASURE TO BRING THIS BILL TO FLOOR AGAIN.  I WANT TO

                    THANK MY LEARNED COLLEAGUE FOR AT LEAST MAKING IT A -- A SWIFTER DEBATE

                    IN THE LATE HOUR.  BUT THIS IS A CRUCIAL, CRUCIAL BILL PROTECTING NEW

                    YORKERS.  THE 2ND AMENDMENT HAS NOTHING DO WHAT YOU SHOOT AT.  BUT

                    THERE ARE PRODUCTS SOLD IN THIS STATE THAT INVOLVE TWO CHEMICALS

                    WRAPPED TOGETHER WITH INSTRUCTIONS ON HOW TO MIX THEM, AND AFTER

                    BEING MIXED THEY ARE EXPLOSIVES SUBJECT TO REGULATION IN NEW YORK.

                    BUT BECAUSE THEY AREN'T ALREADY MIXED, THEY'RE NOT YET REGULATED BY

                    NEW YORK.  A PRODUCT JUST LIKE THIS WAS USED AS PART OF THE CHELSEA

                    MANHATTAN BOMBING IN 2016, MONTHS AFTER THIS BODY VOTED TO REGULATE

                    THE PRODUCT.  THE OTHER BODY DID NOT DO SO AT THE TIME.  I'M PLEASED THE

                    OTHER BODY HAS ALREADY PASSED THE BILL THIS YEAR AND THAT WE WILL BE

                    ENACTING THIS BILL INTO LAW, KEEPING NEW YORKERS SAFE, RECOGNIZING

                    THAT, ULTIMATELY, REGULATION, NOT BANNING, IS AN APPROPRIATE THING TO DO

                    FOR THIS PRODUCT, AS A NUMBER OF OTHER STATES HAVE DONE, AS THE US

                    FOREST SERVICE HAS DONE.  WE HAVE TO MAKE SURE THAT WE KEEP NEW

                                         244



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    YORKERS SAFE.

                                 FOR A WHOLE HOST OF REASONS, I ENCOURAGE EVERY

                    COLLEAGUE TO VOTE YES ON THIS BILL.  THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S04019-A, RULES REPORT

                    NO. 330, SENATOR THOMAS (A02078-A, GUNTHER).  AN ACT TO AMEND THE

                    GENERAL BUSINESS LAW AND THE PERSONAL PROPERTY LAW, IN RELATION TO

                    EARLY TERMINATION OF MOTOR VEHICLE LEASE CONTRACTS.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION HAS

                    BEEN REQUESTED, MRS. GUNTHER.

                                 MRS. GUNTHER:  THIS BILL WOULD PROHIBIT

                    COMPANIES FROM CHARGING EARLY TERMINATION FEES ON MOTOR VEHICLE

                    LEASE CONTRACTS IF A CUSTOMER HAS -- HAS DECEASED BEFORE THE END OF THE

                    CONTRACT.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THIS APPLY

                    REGARDLESS OF THE WEALTH OF THE CUSTOMER?

                                 MRS. GUNTHER:  YES, IT WOULD.

                                 MR. GOODELL:  AND IT WOULD APPLY --

                                 MRS. GUNTHER:  AND THE REASON -- THE REASON I PUT

                    THIS BILL IN IS AFTER MY MOTHER PASSED AWAY SHE -- WE TRIED TO TERMINATE

                    A LEASE AND WE HAD A LOT OF DIFFICULTY.  AND I THOUGHT THAT IN A -- AT A

                                         245



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    POINT IN TIME WHEN YOU LOSE A LOVED ONE AND YOU HAVE TO FIGHT FOR A

                    TERMINATION, THAT'S WHERE THIS -- THE GENESIS OF THIS BILL IS.

                                 MR. GOODELL:  AND I APPRECIATE THAT.  I'VE GONE

                    THROUGH, UNFORTUNATELY, ESTATES FOR BOTH MY PARENTS AS WELL, AND IN

                    ADDITION TO CAR LEASES HAD TO DEAL WITH CELL PHONE AGREEMENTS,

                    SOMETIMES A RESIDENTIAL LEASE.  A NUMBER OF DIFFERENT CONTRACTS; CABLE

                    TV, INSURANCE POLICIES, CAR INSURANCE POLICIES, HOMEOWNERS' INSURANCE

                    POLICIES, SELLING THE HOUSE.  I MEAN, THERE'S A LOT INVOLVED IN AN ESTATE

                    AND IT'S ALWAYS A TOUGH TIME.  WHY -- BUT IF -- IF IT'S A WEALTHY

                    INDIVIDUAL AND MAYBE IT'S A LUXURY LEASE - IT WASN'T WITH MY PARENTS,

                    BUT IT COULD BE A MERCEDES OR A BMW OR WHATEVER - WHY SHOULD WE

                    FORCE -- WHY SHOULDN'T WE EXPECT THE ESTATE TO PAY THE EARLY

                    TERMINATION FEE IN ACCORDANCE WITH THE CONTRACT THAT WAS SIGNED BY THE

                    DECEDENT?  I MEAN, IF THE ESTATE'S WEALTHY --

                                 MRS. GUNTHER:  I WOULD HAVE TO SAY THAT, YOU

                    KNOW, IF SOMEBODY IS WEALTHY VERSUS SOMEBODY WHO'S NOT WEALTHY, I

                    MEAN, ARE YOU GOING TO DO A FINANCIAL STUDY ON EACH PERSON THAT IS

                    GOING TO TERMINATE A LEASE?

                                 MR. GOODELL:  RIGHT.  BECAUSE AS YOU KNOW, IF

                    SOMEONE PASSES AWAY AND THERE'S NO MONEY IN THE ESTATE, THERE'S NO

                    PERSONAL LIABILITY TO ANYONE ELSE.  WHICH MEAN THERE'S NO MONEY TO PAY

                    THE LEASE, THERE'S NO ONE TO SUE.  SO WE HAVE AN ESTATE PROCEEDING RIGHT

                    NOW.  ALL THOSE PEOPLE WHO HAVE CLAIMS AGAINST THE DECEDENT FILE A

                    CLAIM.  IF THERE'S A LOT OF MONEY, THEY ALL GET PAID.  IF THERE'S NO MONEY,

                    NONE OF THEM GET PAID.  WHY SHOULD WE TREAT ONE CREDITOR IN A WAY

                                         246



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT'S DIFFERENT THAN ANY OF THE OTHERS?  SHOULDN'T WE TREAT THEM ALL THE

                    SAME?

                                 MRS. GUNTHER:  WELL, I -- MAYBE I SHOULD -- I

                    WOULD EXPAND THE BILL, YOU KNOW, BECAUSE THEIR CABLEVISION AND ALL

                    THOSE OTHER COMPANIES THAT WE WOULDN'T WANT TO TERMINATE -- TERMINATE

                    A CONTRACT WITH THEM BECAUSE SOMEONE IS DECEASED, WHETHER IT BE A

                    CREDIT CARD, ET CETERA.  AND I THINK THIS IS A FAIR AND JUST THING -- THING.

                    FOR FAMILIES LIKE MINE TO HAVE TO GO THROUGH THIS PROCESS AND ARGUE

                    AFTER SOMEBODY IS DECEASED, THAT THE LEASE SHOULD BE AUTOMATICALLY, IN

                    MY OPINION, TERMINATED.

                                 MR. GOODELL:  AND NOW WHEN YOU BUY SOME

                    PRODUCTS, CERTAINLY MORTGAGES HAVE PMI INSURANCE, FOR EXAMPLE.  THE

                    INSURANCE PAYS IT OFF, THE BALANCE.  WHY SHOULD WE STICK THIS COST ON

                    THE LEASING COMPANY RATHER THAN EXPECT THAT THE PERSON WHO IS SIGNING

                    THE LEASE AGREEMENT BUY PMI INSURANCE OR SOMETHING COMPARABLE TO

                    THAT?  WHY SHOULD WE STICK THE COST ON THE LEASING COMPANY?

                                 MRS. GUNTHER:  WHAT COST IS THERE, LIKE, WHEN

                    SOMEBODY TERMINATES -- WHEN YOU TERMINATE A LEASE, AND NORMALLY IF

                    IT'S A LEASE YOU WOULD RETURN THE CAR, RIGHT?

                                 MR. GOODELL:  RIGHT.

                                 MRS. GUNTHER:  AND THEY WOULD PROBABLY

                    RE-LEASE IT.  SO I DON'T UNDERSTAND WHAT THE COST IS, OTHER THAN WHEN

                    SOMEONE PASSES AWAY -- EVEN WITH CREDIT CARD COMPANIES, IF SOMEBODY

                    PASSES AWAY AND THEY OWE SOMETHING ON THE CREDIT CARD AND YOU SEND A

                    DEATH CERTIFICATE, THEY FORGIVE THAT MONEY THAT WAS ON THE CREDIT CARD.

                                         247



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SO IN THIS -- IN THIS PARTICULAR CASE, JUST BECAUSE I EXPERIENCED IT, I'M

                    SURE THAT A LOT OF OTHER PEOPLE HAVE, THAT I -- I DON'T UNDERSTAND WHY

                    YOU WOULD -- THEY WOULDN'T WANT TO TERMINATE A LEASE OF A CAR THAT THE

                    PERSON IS PASSED AWAY AND NO ONE CAN DRIVE.

                                 MR. GOODELL:  WELL, WHEN THE PERSON SIGNS THE

                    LEAST IT HAS AN EARLY TERMINATION FEE, AND THE EARLY TERMINATION FEE

                    REFLECTS THE FACT THAT THE LEASING COMPANY HAS TO BRING THE CAR IN, HAS TO

                    CLEAN IT, HAS TO DETAIL IT, HAS TO RE-ADVERTISE IT OR RESELL IT, AND IN THE

                    MEANTIME THE LEASING COMPANY, THEY DON'T GET A BREAK FROM THE

                    FINANCIAL --

                                 MRS. GUNTHER:  SO RIGHT NOW WE ALREADY DO IT FOR

                    TELEPHONE, CELLULAR TELEPHONE, TELEVISION, INTERNET, WATER SERVICES, ET

                    CETERA.  THEY'RE -- THEY DON'T GET AN EARLY TERMINATION FEE AT ALL.  SO

                    WE'RE ALREADY DOING THIS.  A PRECEDENT'S SET.  SO I THOUGHT THAT, YOU

                    KNOW, THIS IS AN IMPORTANT -- LIKE A CAR LEASE IS IMPORTANT, TOO.  SO WE

                    SET PRECEDENTS.  AND, YOU KNOW, WHEN WE HAVE A DEATH IN THE FAMILY, I

                    THINK THIS IS THE APPROPRIATE THING TO DO.  AND WE DO IT WITH OTHER

                    COMPANIES, AND SO I THINK THIS IS ALSO APPROPRIATE.

                                 MR. GOODELL:  THANK YOU FOR YOUR COMMENTS, AND

                    I APPRECIATE THE -- THE FRUSTRATION THAT YOU WENT THROUGH.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. GOODELL:  THANK YOU, SIR.  WHEN AN

                    INDIVIDUAL SIGNS A LEASE AGREEMENT AND THEY AGREE THAT IF THEY

                    TERMINATE THE LEASE EARLY, THEY'LL REIMBURSE THE LEASING COMPANY FOR AN

                                         248



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EARLY TERMINATION FEE.  THAT'S -- THAT'S A MUTUAL-NEGOTIATED AGREEMENT.

                    THAT'S AN AGREEMENT BETWEEN A PERSON WHO DRIVES OFF THE LOT IN A NEW

                    CAR AND THE COMPANY THAT'S FINANCING THE CAR.  IT'S AN AGREEMENT WITH

                    THE COMPANY THAT BORROWED THE MONEY TO BUY THE CAR IN THE FIRST PLACE.

                    AND THE TERMINATION FEE REFLECTS THE FACT THEY HAVE REAL OUT-OF-POCKET

                    EXPENSES IF THAT LEASE IS TERMINATED BECAUSE THEY'RE NOT GOING TO GET

                    ANY REVENUE DURING THAT LEASE TERM, BUT THEY'RE STILL OBLIGATED TO MAKE

                    THE PAYMENTS WHEN THEY BOUGHT THE CAR.  AND SO WHAT THIS BILL SAYS IS,

                    WELL, IF YOU SIGN THAT AGREEMENT VOLUNTARILY, YOU AGREE TO PAY THE

                    TERMINATION FEE, AN EARLY TERMINATION FEE, AND UNFORTUNATELY YOU PASS

                    AWAY.  REGARDLESS OF WHETHER IT'S A LUXURY CAR LIKE A BMW OR A

                    MERCEDES, REGARDLESS OF YOUR WEALTH - YOU MIGHT BE REALLY WEALTHY OR

                    YOUR ESTATE MIGHT BE REALLY WEALTHY - REGARDLESS OF WHETHER OR NOT YOU

                    HAD NO MONEY, IN WHICH CASE YOUR ESTATE'S NOT GOING TO PAY IT ANYWAY.

                    WE'RE GOING TO STICK THE LEASING COMPANY WITH THE COST OF CLEANING UP

                    THAT CAR, PAYING FOR IT WHILE YOU'RE NOT PAYING FOR IT.  SO WHO BENEFITS

                    AND WHO IS HURT?  WHO BENEFITS?  THE ESTATE, SO THE HEIRS, WHO NEVER

                    SIGNED ANY OF THE AGREEMENT, CAN GET MORE MONEY.  THAT'S WHAT IT'S

                    ABOUT, RIGHT?  THE HEIRS GET MORE MONEY AND THE LEASING COMPANY THAT

                    DID NOTHING WRONG GETS LESS.  AND THE LEASING COMPANY LOSES MONEY

                    AND THE HEIRS MAKE MORE MONEY.  THAT'S WHAT THIS IS ABOUT.

                                 THERE'S ONE OTHER ASPECT.  WHEN A COMPANY SIGNS A

                    LEASE -- OR AN INDIVIDUAL, BECAUSE SOMETIMES THESE LEASES ARE WITH

                    INDIVIDUALS -- WHEN THEY SIGN A CONTRACT WITH YOU, THEY EXPECT YOU TO

                    HONOR THE CONTRACT JUST AS MUCH AS YOU EXPECT THEM TO HONOR THE

                                         249



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CONTRACT.  AND SO WE'RE ASKED AS THE LEGISLATURE TO SAY, WE DON'T CARE

                    WHAT THE CONTRACT SAYS.  WE DON'T CARE IF YOU HAVE THE MONEY TO PAY IT.

                    WE'RE GOING TO STICK THE LEASING COMPANY, WE'RE GOING TO BREACH THE

                    CONTRACT, AND WE'RE GOING TO IGNORE WHAT THE CONTRACT SAYS IN VIOLATION

                    OF THE FEDERAL CONSTITUTION, WHICH WE DO ROUTINELY.  JUST SO THE HEIRS

                    CAN MAKE A LITTLE BIT MORE MONEY AT THE EXPENSE OF THE LEASING

                    COMPANY.  THAT'S NOT JUST FAIR.  AND IF WE DO IT HERE, WHERE ARE WE

                    GOING TO DO IT NEXT?  WE'RE GOING TO DO IT NEXT FOR LANDLORD-TENANT

                    RELATIONSHIPS.  WE'RE GOING TO DO IT NEXT FOR ANY OTHER CONTRACT.  LOOK,

                    WHEN YOU SIGN A CONTRACT YOU SHOULD BE EXPECTED TO LIVE UP TO IT OR

                    YOUR ESTATE SHOULD LIVE UP TO IT.  BY THE WAY, ONE OTHER POINT TO MAKE.

                    TWO OF THEM.  IF THE CONTRACT IS VERY BENEFICIAL TO THE ESTATE, GUESS

                    WHAT?  THE ESTATE'S GOING TO KEEP IT.  WE UNDERSTAND THAT.  THAT'S OKAY.

                    THAT'S THE NATURE OF A CONTRACT.  AND ONE LAST THING I'LL SHARE WITH YOU.

                    IF WE SAY THAT ANYONE CAN WALK FROM A LEASE -- IF THEY DIED DURING THE

                    TERM OF THE LEASE, THEIR ESTATE CAN WALK REGARDLESS OF THE WEALTH, THERE'S

                    GOING TO BE AN IMPLICIT DISCRIMINATION THAT'S GOING TO DEVELOP AGAINST

                    PEOPLE WHO ARE OLDER IN LIFE BECAUSE THE LEASING COMPANIES DON'T WANT

                    TO TAKE THE CHANCE.  LET'S JUST HONOR CONTRACTS THAT PEOPLE WROTE, THAT

                    THEY SIGNED VOLUNTARILY.  LET'S NOT GIVE MORE MONEY TO ONE GROUP OVER

                    THE OTHER GROUP.  LET'S JUST HONOR CONTRACTS AND MOVE ON AND CLOSE UP

                    THE ESTATE LIKE WE DO WITH EVERYTHING ELSE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                                         250



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. DENDEKKER TO EXPLAIN HIS VOTE.

                                 MR. DENDEKKER:  I JUST THINK THOSE PEOPLE HAVE A

                    LOT OF NERVE, DYING JUST TO HURT THOSE LEASING COMPANIES.  I'LL BE VOTING

                    IN THE AFFIRMATIVE.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER REYES:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MADAM SPEAKER, CAN WE NOW GO TO

                    CALENDAR NO. 14, PAGE 40 BY MR. AUBRY; CALENDAR NO. 341, PAGE 55

                    BY MR. AUBRY; CALENDAR NO. 503, PAGE 63 BY MS. GLICK; RULES REPORT

                    NO. 235, PAGE 7 BY MR. GOTTFRIED; AND RULES REPORT NO. 461, PAGE 15

                    BY ROSENTHAL.

                                 ACTING SPEAKER REYES:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00745, CALENDAR NO.

                    14, AUBRY.  AN ACT TO AMEND THE PENAL LAW, IN RELATION TO CRIMINAL

                    MISCHIEF IN THE THIRD DEGREE AND CRIMINAL MISCHIEF IN THE SECOND

                                         251



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DEGREE.

                                 ACTING SPEAKER REYES:  MR. RA.

                                 MR. RA:  MADAM SPEAKER, ON THE BILL.

                                 ACTING SPEAKER REYES:  ON THE BILL.

                                 MR. RA:  THANK YOU.  AND, YOU KNOW, I KNOW WE

                    HAD SOME DISCUSSION ON COMMITTEE ON THIS, AND, YOU KNOW, I -- I THE

                    SPONSOR, YOU KNOW, IS -- IS SEEKING AND -- AND INTRODUCED A LOT OF PIECE

                    OF LEGISLATION SEEKING TO HELP UP ENSURE THAT -- THAT PEOPLE HAVE THE

                    OPPORTUNITIES AS -- AS THEY'RE RELEASED, AND -- AND HAVE THE

                    OPPORTUNITIES TO -- TO GET BACK INTO SOCIETY AND SEEK EMPLOYMENT AND

                    THINGS OF THAT NATURE.  BUT JUST A COUPLE OF CONCERNS THAT COME TO MIND

                    WITH REGARD TO THIS BILL.  SO WHAT IT DOES IS IT REQUIRES THE

                    COMMISSIONER OF CORRECTIONS TO BASICALLY OBTAIN -- MAKE DILIGENT

                    EFFORTS TO CONTAIN COPIES OF BIRTH CERTIFICATES AND SOCIAL SECURITY CARDS

                    FOR -- FOR INMATES UNDER THE --

                                 ACTING SPEAKER REYES:  MR. AUBRY, WHY DO

                    YOU RISE?

                                 MR. AUBRY:  MR. RA, I THINK YOU HAVE THE WRONG

                    BILL.

                                 MR. RA:  I'M SORRY.

                                 MR. AUBRY:  THAT'S ALRIGHT.

                                 MR. RA:  YOU ARE CORRECT.

                                 (LAUGHTER)

                                 I APOLOGIZE, MR. AUBRY.  IT IS AN AUBRY BILL.  SEE WHAT

                    HAPPENS WHEN MR. GOODELL LEAVES THE FLOOR?

                                         252



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (LAUGHTER)

                                 OKAY.  YOU KNOW WHAT?  CAN I -- CAN I ASK THE

                    SPONSOR, THEN, TO JUST YIELD FOR A MOMENT?

                                 ACTING SPEAKER REYES:  MR. AUBRY, WOULD YOU

                    YIELD?

                                 MR. AUBRY:  CERTAINLY.

                                 MR. RA:  AND I THINK MAYBE -- PERHAPS WE'LL GET

                    BACK TO THE OTHER ONE IN A MOMENT.  AND I -- I THANK YOU FOR -- FOR THE

                    CORRECTION.  SO, MY UNDERSTANDING IS THIS JUST CHANGES SOME OF THE

                    PROPERTY VALUES FOR CRIMINAL MISCHIEF IN -- IN A COUPLE OF DIFFERENT

                    DEGREES, CRIMES.  COULD YOU JUST EXPLAIN THAT QUICKLY?

                                 MR. AUBRY:  THAT'S RIGHT, MR. RA.  THIS BILL RAISES

                    THE MONETARY THRESHOLD FOR FELONY LEVEL CRIMINAL MISCHIEF FROM $250

                    TO $1,000.  THE $250 FELONY THRESHOLD WAS ESTABLISHED IN 1915, AROUND

                    THE TIME THAT MY GOOD FRIEND MR. GOTTFRIED WAS BORN.  AND IT HAS NOT

                    BEEN UPDATED FOR 104 YEARS.  1915 WAS THE YEAR THAT THE BASEBALL PLAYER

                    BABE RUTH HIT HIS FIRST HOME RUN.  HISTORICALLY, THE MONEY DAMAGES

                    WERE RAISED TO ACCOUNT FOR INFLATION.  THE FIRST THRESHOLD WAS $25 IN

                    1881, RAISED TO $50 IN 1912 AND THEN THE CURRENT $250 THRESHOLD IN

                    1915.  UNDER STATE LAW, DAMAGING PROPERTY IN EXCESS OF $250 IS A

                    FELONY, WHILE ACTUALLY STEALING THE SAME PROPERTY IS A MISDEMEANOR.

                    THIS BILL WILL BEGIN TO CORRECT THIS INEQUITY BY INCREASING THE THRESHOLD

                    FROM CRIMINAL MISCHIEF IN THE THIRD DEGREE TO THE SAME LEVEL AS GRAND

                    LARCENY AT $1,000.

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

                                         253



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. -- MADAM SPEAKER, ON THE BILL.

                                 ACTING SPEAKER REYES:  ON THE BILL.

                                 MR. RA:  SO, JUST -- JUST QUICKLY -- AND I -- AND I

                    THANK THE SPONSOR AGAIN FOR -- FOR HIS EXPLANATION.  YOU KNOW, I -- I

                    THINK MANY OF US WOULD UNDERSTAND THAT IN ANY AREA OF OUR LAW, THE

                    VALUE OF MONEY CHANGES OVER TIME, CERTAINLY, AND -- AND THINGS NEED TO

                    BE INCREASED COMMENSURATE WITH THAT.  BUT THERE ARE ALSO DIFFERENCES

                    BETWEEN DESTRUCTION OF PROPERTY AND -- AND THINGS LIKE GRAND LARCENY.

                    THAT IS ONE OF THE REASONS WHY I KNOW THERE'S BEEN SOME -- SOME NO

                    VOTES IN THE PAST AND SOME OBJECTION FROM GROUPS LIKE THE DISTRICT

                    ATTORNEYS ASSOCIATION IN -- IN THE PAST.  YOU KNOW, DESTROYING

                    PROPERTY THROUGH CRIMINAL MISCHIEF -- AGAIN, YOU HAVE DIFFERENCES

                    BETWEEN THE TWO CRIMES.  IN MANY CASES THE NATURE OF THE TWO CRIMES.

                    SO I JUST WANT OUR COLLEAGUES TO BE AWARE THAT -- THAT WHAT THIS BILL

                    DOES IS REGARD TO RAISING THOSE -- THOSE AMOUNTS FROM $250 TO $1,000.

                                 AND FOR THAT REASON A NUMBER OF OUR COLLEAGUES MAY

                    BE VOTING IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER REYES:  MR. RA IN THE

                    NEGATIVE.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT NOVEMBER

                    1ST.

                                 ACTING SPEAKER REYES:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.).

                                         254



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04310, CALENDAR NO.

                    341, AUBRY.  AN ACT TO AMEND THE CORRECTION LAW AND THE PUBLIC

                    HEALTH LAW, IN RELATION TO BIRTH CERTIFICATES FOR INMATES.

                                 ACTING SPEAKER REYES:  AN EXPLANATION IS

                    REQUESTED.

                                 MR. AUBRY:  THIS BILL REQUIRES DOCS TO MAKE

                    DILIGENT EFFORTS TO OBTAIN COPIES OF EACH INMATE'S BIRTH CERTIFICATE - A

                    SUBJECT WE'RE ALL AWARE OF AFTER TODAY - AND SOCIAL SECURITY CARD.  IT

                    ALSO REQUIRES THEM TO CORRECT ANY ERRORS IN THE INMATE'S BIRTH CERTIFICATE

                    SO THAT SHE OR HE CAN OBTAIN STATE-ISSUED ID FROM THE NEW -- FROM THE

                    -- THE DEPARTMENT OF MOTOR VEHICLES UPON RELEASE.  THE BILL ALSO

                    PROVIDES THAT A PAROLE OFFICER CAN REQUEST THE ID TO BE EXTENDED

                    BEYOND THE 90-DAY PERIOD IF A PAROLEE NEEDS MORE TIME TO OBTAIN

                    ANOTHER FORM OF STATE-ISSUED PHOTO ID.

                                 ACTING SPEAKER REYES:  MR. RA.

                                 MR. RA:  THANK YOU, MADAM SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER REYES:  ON THE BILL.

                                 MR. RA:  THANK YOU, MR. AUBRY, FOR THAT

                    EXPLANATION.  SO, THIS BILL DOES, AS MR. AUBRY JUST SAID, REQUIRE DILIGENT

                    EFFORTS BY THE -- BY DOCS TO OBTAIN BIRTH CERTIFICATES AND SOCIAL

                    SECURITY CARDS FOR -- FOR INMATES AND -- AND, YOU KNOW, MAKE EFFORTS TO

                                         255



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CORRECT THEM.  SO JUST A COUPLE OF CONCERNS THAT COME UP WITH REGARD

                    TO THIS.  NUMBER ONE, MAKING SURE THAT THINGS LIKE PRIVACY CONCERNS ARE

                    -- ARE -- ARE ADDRESSED THAT WOULD ALLOW THE DEPARTMENT TO GO TO

                    DIFFERENT ENTITIES, BECAUSE PRESUMABLY, YOU KNOW, THE -- THESE COULD BE

                    ANYWHERE.  THESE BIRTH CERTIFICATES MIGHT BE WITH ANY DIFFERENT

                    MUNICIPALITY IN NEW YORK STATE, OUTSIDE OF NEW YORK STATE, AND --

                    AND THEY'RE GOING TO HAVE TO HAVE A MECHANISM TO TAKE CARE OF GETTING

                    THAT.  THEY COULD BE FOREIGN BIRTH CERTIFICATES OR DOCUMENTS AS WELL.  IT

                    -- IT ALSO IS PUTTING A NEW RESPONSIBILITY ON DOCS THAT THEY HAVEN'T HAD

                    IN THE PAST.  AND -- AND LASTLY, MANY OF THESE DOCUMENTS, AS WE KNOW,

                    HAVE FEES ASSOCIATED WITH -- WITH REQUESTING THEM AND OBTAINING COPIES

                    OF THEM.  I -- I THINK IN THIS VERY CHAMBER WE'VE VOTED ON SOME BILLS IN

                    THE LAST COUPLE OF DAYS DEALING WITH FEES FOR THINGS LIKE BIRTH RECORDS.

                                 SO -- SO FOR THOSE REASONS, I -- I HAVE CONCERNS THAT

                    THIS IS SOMETHING REALLY OUTSIDE OF THE SCOPE OF WHAT DOCS IS DOING,

                    DESPITE MY GREAT RESPECT FOR THE EFFORTS OF THE SPONSOR OF THIS PIECE OF

                    LEGISLATION, WHO I KNOW REALLY HAS BEEN STEADFAST IN TRYING TO ENACT

                    LAWS AND POLICIES THAT WILL HELP ENSURE THAT PEOPLE, ONCE THEY'RE

                    RELEASED, YOU KNOW, HAVE OPPORTUNITIES TO REINTEGRATE INTO OUR SOCIETY.

                    BUT FOR THOSE REASONS I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE.

                    THANK YOU.

                                 ACTING SPEAKER REYES:  MR. AUBRY.

                                 MR. AUBRY:  ON THE -- THE BILL, MADAM SPEAKER.

                                 ACTING SPEAKER REYES:  ON THE BILL.

                                 MR. AUBRY:  SO, DOCS' MISSION, AS WE UNDERSTAND

                                         256



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IT, IS TO BE ABOUT THE BUSINESS NOT ONLY OF INCARCERATING BUT

                    REHABILITATING.  AND BECAUSE DOCS IS NOW CALLED THE DEPARTMENT OF

                    CORRECTIONS AND COMMUNITY CORRECTIONS [SIC] IT IS ALSO RESPONSIBLE FOR

                    TRYING TO ASSIST INMATES WHO ARE COMING HOME TO BE PREPARED TO EXIST

                    AND LIVE A LIFE THAT IS GOING TO ALLOW THEM NEVER TO RETURN TO THE -- MR.

                    PERRY.

                                 (PAUSE/INAUDIBLE)

                                 THANK YOU, MR. PERRY.  SO THAT MISSION THAT DOCS

                    HAS, THIS IS TOTALLY CONSISTENT WITH THE MISSION.  BECAUSE AS WE HAVE

                    HEARD TODAY, BIRTH CERTIFICATES ARE EXTREMELY IMPORTANT TO PEOPLE FOR

                    MANY DIFFERENT REASONS.  NOT ONLY FOR THEM TO BE ABLE TO PROVE WHO

                    THEY ARE, BUT ALSO TO BE ABLE TO ESTABLISH THEIR PLACE IN THE WORLD AND TO

                    BE ABLE TO ADVANCE AND GET JOBS AND DO ALL THE THINGS THAT WE WANT

                    INDIVIDUALS WHO ARE LEAVING OUR PRISONS TO DO SO THEY DON'T GO BACK TO

                    PRISON.  AND SOMETIMES IN THE PROCESS OF BEING RELEASED FROM PRISON

                    YOU'RE RELEASED WITHOUT ANYTHING.  WITHOUT DOCUMENTS, WITHOUT

                    CLOTHES.  YOU NEED TO BE ABLE TO GATHER YOUR LIFE TOGETHER AGAIN IN

                    ORDER TO PROCEED SO THAT IF YOU ARE A MAN -- I BELIEVE IN A SONG SUNG BY

                    SOME, I THINK, MR. SIMON -- A MAN WITHOUT PAPERS, YOU WANDER THE

                    WORLD.  AND OFTENTIMES THAT WHAT HAPPENS WITH THOSE WHO LEAVE

                    PRISON.  WE DON'T WANT THEM TO WANDER THE WORLD, WE WANT THEM TO

                    FIND THEIR PLACE IN THE WORLD.  AND SO OUR JOB -- AND WE HAVE GIVEN

                    AUTHORITY TO DOCS TO BE A PART OF THAT PROCESS FOR THEM, TO HELP THEM,

                    TO GUIDE THEM.  TO DO THE THINGS NECESSARY FOR THEM TO BE SUCCESSFUL.

                    SO GATHERING THIS INFORMATION IS A SMALL PART OF THAT TASK.  AND THEY ARE

                                         257



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    GIVEN THAT OPPORTUNITY, DOCS WILL PROVIDE THAT KIND OF SERVICES.

                    CURRENTLY DOCS RELEASES EACH INMATE WITH A PHOTO ID CARD THAT IS

                    GOOD FOR 30 DAYS.  THAT'LL GET YOU 30 DAYS TO IDENTIFY YOURSELF.  FEW

                    PAROLEES ARE ABLE TO OBTAIN THEIR DRIVER'S LICENSE OR STATE ID CARDS PRIOR

                    TO THE EXPIRATION OF THEIR DOCS ID CARD.  A 90-DAY EXPIRATION WOULD

                    BE HELPFUL TO MAKE SURE THAT ONE OF THE PAROLEES HAS A VALID STATE ID AT

                    ALL TIMES.  SO THAT'S THE OTHER THING THAT THE BILL -- THAT STATE ID THAT

                    THEY GET FROM DOCS IS EXTENDED FOR 90 DAYS.  THIS BILL DOES NOT HAVE

                    A LARGE FISCAL IMPACT.  THE COST TO PRODUCE A NEW YORK STATE ID IS

                    $2.20, AND THE COST TO PRINT A BIRTH CERTIFICATE IS $15, BUT WAIVED FOR

                    DOCS IN CURRENT PRACTICE.  THERE IS ESTIMATION OF THE BILL COSTING

                    $42,000 A YEAR, AND THAT IS ASSUMING THAT THE ENTIRE POPULATION WILL

                    NEED -- NEED THESE SERVICES, WHICH CLEARLY IS NOT TRUE.  WE CAN EXPECT

                    THAT THAT COST WILL BE MUCH LOWER THAN THAT.  DMV WILL NOT ACCEPT A

                    BIRTH CERTIFICATE AS A FORM OF IDENTIFICATION IF IT DOES NOT CONTAIN A

                    PERSON'S NAME.  SO IF THE INMATE WAS NOT NAMED AT THE TIME OF RELEASE

                    FROM THE HOSPITAL, HIS OR HER BIRTH CERTIFICATE CANNOT BE USED TO OBTAIN A

                    DRIVER'S LICENSE OR NON-DRIVER'S ID.  WE DON'T ASK OTHER AGENCIES TO DO

                    THIS, YOU MIGHT SAY, BUT IN NO OTHER CIRCUMSTANCE IS AN INDIVIDUAL HELD

                    AGAINST THEIR WILL AND WITH LITTLE OR NO RIGHT FOR EXTENDED PERIODS OF

                    TIME, THUS LEAVING THEM IN A GAP IN TERMS OF WHAT THE REAL WORLD - AND

                    WE OFTEN TALK ABOUT THE REAL WORLD - IS.

                                 SO IT IS MY HOPE THAT MY COLLEAGUES WILL JOIN ME IN

                    VOTING THIS BILL.  WE DO HAVE A SENATE SPONSOR AND EXPECT IT FINALLY TO

                    BECOME LAW.  THANK YOU.

                                         258



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER REYES:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 120 DAYS.

                                 ACTING SPEAKER REYES:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. MOSLEY TO EXPLAIN HIS VOTE.

                                 MR. MOSLEY:  MADAM SPEAKER, JUST TO APPLAUD THE

                    SPONSOR OF THIS BILL.  SOMETIMES WE OFTEN TAKE FOR GRANTED HAVING

                    IDENTIFICATION IN OUR WALLETS, ON OUR PERSON.  IT'S SOMETHING THAT MANY

                    OF US HAVE, BUT FOR THESE MEN AND WOMEN WHO ARE LEAVING THESE

                    FACILITIES IT IS MORE PRECIOUS THAN GOLD.  MORE PRECIOUS THAN ANY

                    AMOUNT OF MONEY THAT THEY CAN WISH TO HAVE BECAUSE, ULTIMATELY, THIS

                    ALLOWS FOR THEM TO INTEGRATE BACK INTO SOCIETY, TO BECOME WHOLE AND TO

                    BE PUT IN A PROCESS ON THE DIRECTION TO BECOME WHOLE.

                                 SO I WANT TO THANK THE SPONSOR, AS SOMEONE WHO HAS

                    BEEN AT THE FOREFRONT OF CRIMINAL JUSTICE REFORM FOR SO MANY YEARS, BUT

                    YET UNDERSTANDS THAT WE CAN'T OVERLOOK THE SIMPLE -- THE SIMPLE

                    NECESSITIES THAT MEN AND WOMEN WHO ARE COMING OUT OF CORRECTIONAL

                    FACILITIES FACE.  THANK YOU, MADAM SPEAKER, AND I'M PROUD TO -- TO

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER REYES:  MR. MOSLEY IN THE

                    AFFIRMATIVE.

                                 MR. BLAKE TO EXPLAIN HIS VOTE.

                                 MR. BLAKE:  THANK YOU, MADAM SPEAKER, JUST TO

                    COMMEND THE SPONSOR ON THIS PIECE OF LEGISLATION.  AND -- AND WHILE IT

                                         259



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MAY SEEM LIKE THIS IS BASIC AND SIMPLE, I CAN TELL YOU WITHIN OUR

                    DISTRICT WHERE -- WITHIN THE CITY WE HAVE THE NUMBER ONE AND NUMBER

                    THREE LARGEST CONCENTRATION OF THOSE THAT ARE GOING EITHER UP TO RIKERS

                    OR UP TO STATE PRISONS FROM NEW YORK CITY.  EVERY SINGLE DAY WE HAVE

                    PEOPLE THAT ARE TRYING TO GET THEIR LIVES BACK, TURNED AROUND.  AND,

                    MADAM SPEAKER, AND COLLEAGUES, WHEN YOU THINK ABOUT HOW

                    IMPOSSIBLE IT WOULD BE FOR ANY OF US IF YOU DID NOT HAVE A BIRTH

                    CERTIFICATE, IF YOU COULD NOT GET ACCESS TO A SOCIAL SECURITY CARD, IF YOU

                    ARE STRUGGLING JUST TO GET INFORMATION CORRECTED, IF WE WOULD HAVE

                    THOSE CHALLENGES, IMAGINE IF THAT SOMEONE IS TRYING TO COME BACK HOME

                    AND HAVE THOSE OPPORTUNITIES.  THIS IS A CONTINUATION IN THE WORK THAT

                    HAPPENED ON LAST YEAR.  WE SAW SO MANY THAT WERE JUST TRYING TO FIGURE

                    OUT HOW TO GET PAPERWORK TO HELP THEMSELVES.  IF WE'RE SERIOUS ABOUT

                    HELPING PEOPLE GET THEIR LIVES IN A SECOND AND THIRD CHANCE, THIS IS THE

                    KIND OF WORK WE NEED TO HAVE.

                                 AND -- AND TO THE -- THE SPONSOR FOR EVERYTHING HE'S

                    DONE ON CRIMINAL JUSTICE REFORM, I'M GRATEFUL THAT THIS WILL BE ABLE TO

                    MOVE FORWARD AND -- AND WE DEFINITELY VOTE IN THE AFFIRMATIVE FOR THIS

                    BILL.  THANK YOU, MADAM SPEAKER.

                                 ACTING SPEAKER REYES:  MR. BLAKE IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04520, CALENDAR NO.

                                         260



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    503, GLICK, GOTTFRIED, DINOWITZ, CAHILL.  AN ACT TO AMEND THE

                    ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO PROCEDURES ASSOCIATED

                    WITH ISSUING LICENSES TO SELL LIQUOR FOR CONSUMPTION.

                                 ACTING SPEAKER REYES:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

                                 ACTING SPEAKER REYES:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 WITHDRAW THE ROLL CALL.  NO?

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU VERY MUCH.  THIS IS AN

                    INTERESTING BILL BECAUSE IT REQUIRES NOTICES TO BE POSTED CONSPICUOUSLY

                    ON THE FRONT OF AN ESTABLISHMENT SEEKING A MODIFICATION OF THEIR LIQUOR

                    LICENSE IN FLUORESCENT PINK.  SO WE HAVE NEW OPPORTUNITIES FOR PEOPLE

                    THAT WANT TO SELL FLUORESCENT PINK LETTERING.  MAYBE OUR REGULATIONS AND

                    STATUTES ARE GOING A LITTLE -- LITTLE BIT IN TOO MUCH DETAIL.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MS. GLICK TO EXPLAIN

                    HER VOTE.

                                 MS. GLICK:  VERY, VERY BRIEFLY.  THE REASON THAT WE

                    CHOSE A VERY BRIGHT FLUORESCENT POSTER IS REALLY BECAUSE THEY DID THAT IN

                    -- IN PHILADELPHIA AND IT WAS VERY EYE-CATCHING AND IT COULDN'T BE

                                         261



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MISSED AND IT COULDN'T BE HIDDEN.  SO WE THINK THAT FOR THE

                    NEIGHBORHOOD FOLKS WHO WANT TO BE AWARE OF A NEW APPLICATION OR A

                    RENEWAL OR A HEARING NOTICE, THAT THIS IS A WAY TO MAKE CERTAIN THAT THE

                    COMMUNITY HAS IT -- IS AWARE THAT IT HAS AN OPPORTUNITY FOR INPUT.

                                 THANK YOU VERY MUCH.  I WITHDRAW MY REQUEST AND

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S04841, RULES REPORT NO.

                    235, SENATOR RIVERA (A01162-A, GOTTFRIED, MCDONALD).  AN ACT TO

                    AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXECUTION OF ORDERS NOT TO

                    RESUSCITATE AND ORDERS PERTAINING TO LIFE-SUSTAINING TREATMENTS; AND TO

                    REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  MR. RA.

                                 MR. RA:  THANK -- THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  JUST BRIEFLY, WHAT THIS BILL DOES IS IT

                    EXPANDS THE ABILITY TO -- TO SIGN ORDERS NOT TO RESUSCITATE TO INCLUDE

                    PHYSICIAN ASSISTANTS.  NOW, A FEW YEARS AGO WE, YOU KNOW, WE DID THIS

                    FOR NURSE PRACTITIONERS.  AND, YOU KNOW, ONE OF THE CONCERNS THAT

                    ALWAYS COME UP IN THESE TYPES OF SITUATIONS -- AS MANY OF US KNOW IF

                                         262



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WE'VE SERVED ON THE HEALTH COMMITTEE OR IF WE'VE SERVED ON -- ON

                    PERHAPS, IN SOME INSTANCES, ON THE HIGHER EDUCATION COMMITTEE -- IS

                    SCOPE OF PRACTICE CONCERNS AND THINGS OF THAT NATURE.  SO THERE -- THERE

                    HAVE BEEN SOME CONCERNS ARGUED THAT -- THAT PHYSICIAN ASSISTANTS

                    NORMALLY OPERATE UNDER THE SUPERVISION OF A PHYSICIAN, BUT -- BUT

                    MERELY WHAT THIS BILL ITSELF DOES IS IT EXPANDS THIS AUTHORITY THAT WAS

                    GRANTED TO NURSE PRACTITIONERS A FEW YEARS AGO TO OUR PHYSICIAN

                    ASSISTANTS.

                                 THANK YOU, MR. SPEAKER.

                                 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.)

                                 MR. BYRNE TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  I JUST WANT TO COMMEND THE SPONSOR ON THIS

                    LEGISLATION.  I THINK IT'S APPROPRIATE TO BRING PARITY AND -- AND OFFER THIS

                    TO PAS THE SAME WAY WE HAVE OFFERED IT TO NPS IN THE PREVIOUS

                    SESSION.  FOR THOSE THAT DON'T KNOW, FULL DISCLOSURE, MY WIFE IS A PA

                    AND SHE'S ACTUALLY WORKING THE OVERNIGHT RIGHT NOW, SO I'M SURE SHE'LL

                    BE HAPPY WITH THIS.  BUT I -- I DO WANT TO THANK THE SPONSOR AND I

                    WOULD -- I WOULD URGE A YES VOTE.

                                 ACTING SPEAKER AUBRY:  MR. BYRNE IN THE

                    AFFIRMATIVE.

                                         263



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S06436, RULES REPORT NO.

                    461, SENATOR MONTGOMERY (A07748-A, L. ROSENTHAL, GRIFFIN, WEPRIN).

                    AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO EQUAL PAY FOR

                    SIMILAR WORK PROTECTIONS FOR PROTECTED CLASSES.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    YIELD FOR A VERY QUICK QUESTION?

                                 MS. ROSENTHAL:  YES.  OH, I'M SORRY.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL, WILL

                    YOU YIELD?

                                 MS. ROSENTHAL:  YES.

                                 MR. GOODELL:  THANK YOU, MS. -- MS. ROSENTHAL.

                    EARLIER TODAY WE PASSED A -- A BILL BY MRS. MAHON --

                                 MS. ROSENTHAL:  MCMAHON?

                                 MR. GOODELL:  -- DEALING WITH THE SAME SUBJECT AS

                    IT RELATES TO THE PRIVATE SECTOR.  IT'S MY UNDERSTANDING THIS BILL WOULD

                    RELATE TO STATE EMPLOYEES UNDER THE CIVIL SERVICE?

                                 MS. ROSENTHAL:  YES.

                                 MR. GOODELL:  AND IN THE EARLIER DEBATE SHE

                    INDICATED THAT THE PHRASE "SUBSTANTIALLY SIMILAR WORK" WHEN VIEWED

                    THAT IT IS A COMPOSITE OF SKILL, EFFORT, RESPONSIBILITY AND PERFORMED

                    UNDER SIMILAR WORKING CONDITIONS AND WITHOUT DISCRIMINATION.

                                         264



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. ROSENTHAL:  YES.

                                 MR. GOODELL:  WAS THE EXACT SAME LANGUAGE,

                    OPERATIVE LANGUAGE, THAT'S USED BY THE FEDERAL EEOC --

                                 MS. ROSENTHAL:  YES.

                                 MR. GOODELL:  -- IN ENFORCING EQUAL PAY FOR EQUAL

                    WORK.  IS THAT CORRECT?

                                 MS. ROSENTHAL:  YES, THAT'S CORRECT.

                                 MR. GOODELL:  SO THIS IS NOT A COMPARATIVE WORTH

                    BILL, THIS IS REALLY AN ANTI-DISCRIMINATION BILL.  IS THAT CORRECT?

                                 MS. ROSENTHAL:  YES.  YES, IT IS.  IT'S --

                                 MR. GOODELL:  THANK YOU VERY MUCH.

                                 MS. ROSENTHAL:  OKAY.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 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.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE CALL UP CALENDAR

                    NO. 466, PAGE 60 BY MS. PAULIN; 424, PAGE 58 BY SEAWRIGHT; AND

                    CALENDAR NO. 188, PAGE 47 BY CARROLL.

                                         265



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00218, CALENDAR NO.

                    466, PAULIN, GALEF, STIRPE.  AN ACT TO AMEND THE REAL PROPERTY TAX

                    LAW, IN RELATION TO CHANGES IN ASSESSMENTS FOR BUSINESSES THAT MAKE

                    PAYMENTS IN LIEU OF TAXES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  THE CLERK WILL ANNOUNCE

                    THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06330, RULES REPORT

                    NO. 424, SEAWRIGHT, ROZIC, GOTTFRIED.  AN ACT TO AMEND THE BUSINESS

                    CORPORATION LAW, IN RELATION TO ENACTING THE "WOMEN ON CORPORATE

                    BOARDS STUDY."

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                         266



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD MS. SEAWRIGHT

                    BE WILLING TO ANSWER SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  I THINK IF SHE WERE

                    ASKED TO YIELD SHE PROBABLY WOULD.  MS. SEAWRIGHT, WILL YOU YIELD?

                                 MS. SEAWRIGHT:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT

                    YIELDS.

                                 MR. GOODELL:  THANK YOU.  I JUST HAVE A VERY

                    QUICK QUESTION.  THIS BILL WOULD REQUIRE EVERY CORPORATION, BOTH NEW

                    YORK CORPORATIONS AND EVERY FOREIGN CORPORATION AUTHORIZED TO DO

                    BUSINESS IN NEW YORK, TO REPORT THE NUMBER OF DIRECTORS CONSTITUTING

                    THE BOARD AND HOW MANY DIRECTORS OF SUCH BOARD ARE WOMEN.  IS THAT IN

                    A PARTICULAR POINT IN TIME?  IS IT, LIKE, AS OF THE END OF THE YEAR OR AS OF

                    A PARTICULAR DATE?  BECAUSE I WOULD IMAGINE PARTICULARLY WITH SOME

                    CORPORATIONS THAT'S A CONSTANTLY CHANGING NUMBER.

                                 MS. SEAWRIGHT:  IT WOULD BE WHENEVER THEY FILE

                    THERE BIANNUAL STATEMENT.

                                 MR. GOODELL:  SO IT'S AS OF THE DATE THEY FILE?

                                 MS. SEAWRIGHT:  THAT'S CORRECT.

                                 MR. GOODELL:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                                         267



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A03360, CALENDAR NO.

                    188, CARROLL, ORTIZ, D'URSO, SEAWRIGHT, GOTTFRIED, BLAKE, JACOBSON.

                    AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO FIRST-CLASS MAILING OF

                    COMPLIANCE UNIT NOTICES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT DECEMBER

                    15TH.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, COULD YOU PLEASE CALL

                    CALENDAR NO. 543, PAGE 65 BY MR. ZEBROWSKI, AND RULES REPORT NO.

                    365, PAGE 13 BY MS. FAHY.

                                         268



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07190, CALENDAR NO.

                    543, ZEBROWSKI, COLTON, WRIGHT, DAVILA, COOK.  AN ACT TO AMEND THE

                    TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN

                    RELATION TO REAL PROPERTY TRANSFER TAX RETURNS OF LIMITED LIABILITY

                    COMPANIES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. GOODELL.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  THIS BILL WOULD REQUIRE LIMITED

                    LIABILITY COMPANIES TO DISCLOSE WHENEVER THEY TRANSFER REAL PROPERTY BY

                    YOURSELF THE NAMES AND ADDRESSES OF ALL SHAREHOLDERS, DIRECTORS

                    OFFICERS, MEMBERS, MANAGERS AND PARTNERS OF THE LIMITED LIABILITY

                    COMPANY OR ANY BUSINESS THAT IT MIGHT BE A MEMBER THEREOF.  THERE -- I

                    -- I DON'T SEE ANY, ANY REAL REASON WHY WE SHOULD ASK LIMITED LIABILITY

                    COMPANIES, SINGLE THEM OUT, FOR THEM TO DISCLOSE EVERY SINGLE MEMBER

                    AND THEIR ADDRESS EVERY TIME THEY ARE INVOLVED IN A REAL ESTATE

                    TRANSACTION.  WE DON'T DO IT FOR ANYONE ELSE.  WE DON'T DO IT FOR

                    PARTNERSHIPS, WE DON'T DO IT FOR CORPORATIONS.  WE DON'T DO IT FOR

                    ANYONE ELSE.  AND IF YOU'RE A MEMBER OF A LIMITED LIABILITY COMPANY,

                    THIS WOULD REQUIRE YOUR ADDRESS TO BECOME PART OF THE PUBLIC RECORD

                    EVEN IF YOU'RE A MINORITY OWNER, EVEN IF YOU HAVE NO CONTROL, EVEN IF

                                         269



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    YOU'RE THE VICTIM OF DOMESTIC VIOLENCE AND DON'T WANT YOUR ADDRESS

                    DISCLOSED. THERE'S NO REASON FOR US TO GO AFTER LIMITED LIABILITY

                    COMPANIES, SINGLE THEM OUT FOR A TREATMENT THAT'S COMPLETELY DIFFERENT

                    THAN EVERYONE ELSE, AND IMPOSE A NEW REPORTING REQUIREMENT ON THEM

                    ANY TIME THEY ARE INVOLVED IN A REAL ESTATE TRANSACTION.

                                 THANK YOU, SIR.

                                 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. ZEBROWSKI TO EXPLAIN HIS VOTE.

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

                    BILL WOULD PROVIDE SOME TRANSPARENCY TO LLCS.  LLCS WERE -- WERE A

                    MECHANISM THAT WERE SET UP OFTENTIMES TO MAKE IT EASIER FOR

                    BUSINESSES, ESPECIALLY SMALL BUSINESSES, TO ORGANIZE AND FORM.

                    UNFORTUNATELY, IT'S CREATED A DYNAMIC WHERE THEY HAVE OWNED

                    NUMEROUS PROPERTIES, VARIOUS PARTS OF THE STATE.  NOT DONE THE RIGHT

                    THING BY TENANTS, NOT DONE THE RIGHT THING BY COMMUNITIES, AND REALLY

                    BEEN ABLE TO HIDE BEHIND THEIR FORMATION AND THEIR BUSINESS ENTITY.

                    THIS BILL WOULD SHED A LITTLE BIT OF LIGHT ON THAT, REQUIRE A DISCLOSURE

                    PROCESS.  I THINK IT'S THE RIGHT WAY TO GO.  I WANT TO THANK SENATOR

                    SKOUFIS, WHO HAS BEEN WORKING ON THIS FOR A WHILE, AND I WOULD

                    ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.

                                 THANK YOU, SIR.

                                         270



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI IN THE

                    AFFIRMATIVE.

                                 MR. BENEDETTO TO EXPLAIN HIS VOTE.

                                 MR. BENEDETTO:  MR. SPEAKER, JUST TO EXPLAIN MY

                    VOTE AND TO JUST SAY A FEW QUICK WORDS, OKAY.  WE -- PASSING OF THIS

                    BILL MIGHT BE THE VERY LAST BILL MR. ZEBROWSKI DOES ON THIS FLOOR, AS HE

                    IS MOVING OUT FOR POSSIBLY ANOTHER OFFICE.  I WISH HIM WELL IN THAT, BUT

                    I ALSO WILL MISS HIM TERRIBLY.  HE HAS BEEN A DISTINGUISHED PERSON IN

                    THIS CHAMBER.  HE WILL BE MISSED BY EACH AND EVERY ONE HERE FOR HIS

                    REASONED VOICE AND HIS INTELLIGENCE.  AND I WISH HIM WELL IN HIS FUTURE,

                    AND WILL VOTE PROUDLY IN FAVOR OF THIS BILL.

                                 ACTING SPEAKER AUBRY:  MR. BENEDETTO IN THE

                    AFFIRMATIVE.

                                 MR. ZEBROWSKI.

                                 (APPLAUSE)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06338-A, RULES

                    REPORT NO. 365, FAHY, CARROLL, MCDONALD, D'URSO, COLTON, SIMON,

                    BLAKE.  AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO ELECTRIC

                    VEHICLE CHARGING STATION INSTALLATION IN CONDOMINIUMS.

                                 MR. GOODELL:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    FAHY, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.

                                         271



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ON THE BILL, MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  ON THE BILL.  WHAT

                    THIS BILL WOULD DO IS -- IS THAT IT WOULD TAKE ANY COVENANT, RESTRICTION OR

                    CONDITION CONTAINED IN A RECORDED DEED THAT AFFECTS AN INTEREST IN

                    PROPERTY, THAT IMPEDES UNREASONABLY - OR IS VIEWED AS UNREASONABLY -

                    IMPEDES THE ABILITY OF A CONDO OWNER TO INSTALL AN ELECTRIC CHARGING

                    DEVICE, AND IT WOULD DECLARE THAT PROVISION OF THE RECORDED DEED NULL

                    AND VOID.  AND FOR THOSE OF US WHO PRACTICE REAL ESTATE LAW, WE WILL

                    ASSURE YOU THAT WHEN A DEED IS FILED IT CREATES A PROPERTY INTEREST IN THE

                    PERSON WHO GOT -- WHO HAS RECEIVED THE DEEDED INTEREST.  AND IF YOU

                    HAVE A DEED TO A CONDO, YOU OWN YOUR CONDO UNIT BY YOURSELF, IT'S

                    YOURS, AND THAT DEED GIVES YOU THE RIGHT IN ACCORDANCE WITH THE

                    AGREEMENTS WITH THE BYLAWS WITH YOUR FELLOW OWNERS ON HOW YOU CAN

                    USE COMMON PROPERTY.  AND THE COMMON PROPERTY IS UNDER THE BYLAWS

                    AND THE AGREEMENT OF THE COMMON OWNERS, AND IT COULD BE AMENDED.

                    AND THERE'S TYPICALLY A BOARD OF DIRECTORS.  AND WHAT THIS DOES IS STATE

                    THAT EVEN THOUGH YOUR DEED REFLECTS THE FACT THAT YOU AGREE FROM DAY

                    ONE THAT YOU WILL COMPLY WITH THE RULES AND REGULATIONS OF THE CONDO,

                    IF THOSE REGULATIONS IN YOUR OPINION AREN'T REASONABLE AS IT RELATES TO A

                    CHARGING STATION FOR YOUR CAR, THEN THAT RESTRICTION IN YOUR DEED IS NULL

                    AND VOID.  I JUST CLASH WITH MY COLLEAGUES WHEN WE START PASSING LAWS

                    THAT RENDER RECORDED DEEDS OR PROVISIONS IN THE DEED NULL AND VOID SO

                    YOU CAN SUPERCEDE THE AGREED-UPON MANAGEMENT OF A CONDO UNIT.  WE

                    ARE GOING DOWN A VERY DANGEROUS PATH DEALING WITH FUNDAMENTAL

                    PROPERTY RIGHTS.  AND THE REASON, BY THE WAY, THAT THOSE DEEDS REQUIRE

                                         272



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    YOU TO WORK IN CONJUNCTION AND COOPERATION WITH YOUR FELLOW OWNERS

                    IS BECAUSE THEY MAY HAVE CONCERNS ABOUT YOU CONNECTING UP TO THE

                    COMMON POWER SUPPLY AND PUTTING AN UNDERGROUND CABLE IN AND

                    DIGGING UP OR REPAVING PART OF IT.  AND MAKING A DESIGNATED PARKING

                    SPACE THAT YOUR COLLEAGUES MAY OR MAY NOT THINK IS FAIR.  SO, CO-OPS

                    ARE OPERATED BY A MANAGEMENT TEAM.  YOU ELECT THEM, THEY SHOULD RUN

                    IT.  WE SHOULD NOT BE OVERRIDING PROPERTY INTERESTS BY LEGISLATION ON

                    RECORDED DEEDS.

                                 SO WHILE I APPRECIATE MY COLLEAGUE'S DESIRE TO

                    MAXIMIZE THE AVAILABILITY OF CHARGING STATIONS IN COOPERATIVES, I THINK

                    IT SHOULD BE DONE COOPERATIVELY WITH THE MANAGEMENT OF THE CO-OP.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. FAHY TO EXPLAIN HER VOTE.

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

                    ALLOWING ME THE ABILITY TO RISE AND EXPLAIN MY VOTE.  FIRST OF ALL, THIS --

                    THIS BILL REALLY ORIGINATED AS I BEGAN TO DO A LOT OF RESEARCH ON ELECTRIC

                    VEHICLES.  AND AS YOU KNOW, WE PASSED A HISTORIC CLIMATE BILL LAST

                    NIGHT, AND ONE OF THE KEY ELEMENTS OF -- OF -- OF ADDRESSING CLIMATE

                    CHANGE IN THIS COUNTRY IS ADDRESSING OUR TRANSPORTATION, AND THAT STARTS

                    WITH PROMOTING MORE ELECTRIC VEHICLES, AS WELL AS ELECTRIC BUSES.  AND

                                         273



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    RANGE ANXIETY, AS IT'S REFERRED TO, IS A BIG ISSUE WITH ELECTRIC VEHICLES

                    BECAUSE MANY OF THEM ONLY GO SO MANY MILES AND YOU COULD BE

                    STRANDED.  AND WE HAD COME ACROSS A PROBLEM WITH CONDOMINIUMS,

                    WHICH INCLUDE MANY TOWNHOUSE ASSOCIATIONS WHERE INDIVIDUALS WERE

                    UNABLE TO HAVE THE ASSOCIATION MODIFY AGREEMENTS SUCH THAT THEY COULD

                    USE CHARGING STATIONS.  AND THIS BILL WOULD ESSENTIALLY -- IT DOES NOT --

                    IT'S A MINIMAL INVASION OF ANY KIND OF PROPERTY RIGHTS AND IT'S STILL

                    ABSOLUTELY REQUIRES THE ASSOCIATION TO APPROVE ANY TYPE OF REASONABLE

                    ACCOMMODATION.  AND THERE'S SOME VERY STRONG LANGUAGE IN HERE TO

                    MAKE SURE THAT THE ASSOCIATION HAS THE AUTHORITY, AND I'M HAPPY TO

                    CONTINUE TO WORK WITH MR. GOODELL ON THAT.

                                 I THINK THIS WILL GO A LONG WAY TOWARD ENCOURAGING

                    MORE CHARGING STATIONS, AND I APPRECIATE THE OPPORTUNITY TO RISE AND

                    VOTE IN THE AFFIRMATIVE ON THIS BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE PLEASE CALL RULES

                    REPORT NO. 395, PAGE 13, DINOWITZ; CALENDAR NO. 557, PAGE 65,

                    WALLACE.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07500-A, RULES

                    REPORT NO. 395, DINOWITZ, NIOU, DENDEKKER, WRIGHT, WALLACE,

                                         274



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SCHIMMINGER.  AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN

                    RELATION TO JUDGMENT BY CONFESSION.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  THIS -- THIS IS A BILL THAT WAS

                    OFFERED BY OCA.  I USED TO THINK IT STOOD FOR OFFICE OF COURT

                    ADMINISTRATION.  I'M NOT QUITE SURE WHAT IT MEANS NOW.  AND WHAT THIS

                    BILL DOES IS IT DEALS WITH CONFESSIONS OF JUDGMENT.  FOR THOSE WHO

                    AREN'T FAMILIAR WITH --

                                 ACTING SPEAKER AUBRY:  SHH.  LADIES AND

                    GENTLEMEN, WE ARE STILL IN SESSION ON DEBATE.  APPRECIATE IF YOU WOULD

                    LOWER YOUR VOICES ALMOST SO THAT WE DON'T HEAR YOU.  IN FACT, WE DON'T

                    WANT TO HEAR YOU.  SHH.

                                 MR. GOODELL.

                                 MR. GOODELL:  (WHISPERING) SO THIS DEALS WITH --

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  IT'S ALMOST OVER, MR.

                    GOODELL.  DON'T WORRY.

                                 MR. GOODELL:  THIS DEALS WITH CONFESSIONS OF

                    JUDGMENT.  AND FOR THOSE WHO AREN'T FAMILIAR, WHAT A CONFESSION OF

                                         275



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    JUDGMENT IS IS SOMETIMES WHEN SOMEONE OWES SOMEBODY ELSE MONEY,

                    RATHER THAN GO THROUGH A COURT PROCESS AND GET A JUDGMENT, THE DEBTOR

                    WILL SIGN A CONFESSION OF JUDGMENT.  THE CONFESSION OF JUDGMENT CAN

                    THEN BE FILED WITH THE COURT CLERK AND IT HAS THE SAME EFFECT AS A

                    JUDGMENT.  YOU MIGHT SEE A CONFESSION OF JUDGMENT WHERE THERE'S

                    LOANS BETWEEN RELATIVES AND THEY DON'T WANT TO HAVE A JUDGMENT

                    AGAINST THE BORROWER - YOU KNOW, THE NEPHEW OR NIECE THAT BORROWED

                    THE MONEY - BUT THEY WANT TO HAVE A CONFESSION OF JUDGMENT TO MAKE

                    SURE THAT THERE'S NO JUDGMENTS THAT GET AHEAD OF THEM THAT MIGHT ATTACH

                    TO THE PROPERTY.  OR IT MIGHT OCCUR WHERE THE PARTIES ARE NOT IN DISPUTE

                    OVER THE AMOUNT, AND SO THEY DON'T WANT TO GO THROUGH THE HASSLE OF A

                    JUDGMENT AND THEY DON'T WANT A LAWSUIT SHOWING UP IN THEIR RECORD.  SO

                    WHAT THIS BILL SAYS -- IT'S VERY SHORT, BUT IT'S REMARKABLE, SO I'M JUST

                    GOING TO READ IT FOR YOU.  IT SAYS, A CONFESSION OF JUDGMENT MAY BE FILED

                    ONLY WITH A CLERK IN THE COUNTY WHERE THE DEFENDANT STATES IN AN

                    AFFIDAVIT THAT HE RESIDED WHEN HE SIGNED THE AFFIDAVIT, WHEN THEY

                    SIGNED THE JUDGMENT, OR WHERE THE DEFENDANT RESIDED AT THE TIME OF THE

                    FILING.  SO WHAT'S THIS MEAN?  IT MEANS IF YOU HAVE A NEW YORK

                    CREDITOR AND AN OUT-OF-STATE DEBTOR, YOU CAN'T FILE A CONFESSION OF

                    JUDGMENT IN NEW YORK STATE.  THINK ABOUT THAT.  YOU LEND MONEY TO

                    SOMEBODY WHO LIVES IN NEW JERSEY.  THEY HAVE HOUSES AND PROPERTY

                    IN NEW YORK STATE, BUT THEY LIVE IN NEW JERSEY.  YOU CAN'T FILE A

                    CONFESSION OF JUDGMENT IN NEW YORK STATE.  THIS IS AN AMAZING BILL

                    THAT SAYS NEW YORK CREDITORS CAN FILE A CONFESSION OF JUDGMENT AGAINST

                    EVERY NEW YORK RESIDENT BUT NOT A SINGLE RESIDENT WHO LIVES OUTSIDE

                                         276



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OUR STATE, EVEN IF THEY HAVE ASSETS IN NEW YORK STATE.  WHY WOULD WE,

                    AS THE LEGISLATURE AND THE STATE OF NEW YORK, PASS A BILL THAT HURTS

                    NEW YORK CREDITORS TO THE SOLE BENEFIT OF PEOPLE WHO DON'T LIVE IN THE

                    STATE?  THAT IS NOT NECESSARILY A RHETORICAL QUESTION.  YOU CAN EXPLAIN

                    IT ON YOUR VOTE.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A07529-A, CALENDAR

                    NO. 557, WALLACE, DINOWITZ.  AN ACT TO AMEND THE FAMILY COURT ACT

                    AND THE DOMESTIC RELATIONS LAW, IN RELATION TO ORDERS FOR TEMPORARY

                    SPOUSAL SUPPORT IN CONJUNCTION WITH TEMPORARY AND FINAL ORDERS OF

                    PROTECTION IN FAMILY COURT AND CALCULATION OF THE SPOUSAL MAINTENANCE

                    "CAP."

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. WALLACE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.

                                         277



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER DENDEKKER:  ON THE BILL.

                                 MR. GOODELL:  THANK YOU.  THIS BILL DEALS WITH

                    HOW WE HANDLE TEMPORARY ORDERS OF SPOUSAL SUPPORT IN FAMILY COURT.

                    AS YOU KNOW, SOMETIMES WHEN A COUPLE BREAKS UP THERE'S A NEED TO

                    PROVIDE TEMPORARY SPOUSAL SUPPORT SO THAT THE NON-WAGE-EARNING

                    SPOUSE ISN'T DESTITUTE.  AND SO, HAVING AN ABILITY TO ISSUE TEMPORARY

                    SPOUSAL ORDERS IS IMPORTANT.  THIS BILL, HOWEVER, TAKES IT ONE STEP

                    FURTHER.  IT SAYS THAT THE COURT HAS TO HAVE A HEARING WITHIN SEVEN

                    BUSINESS DAYS OF THE APPLICATION, AND THEN GOES ON TO SAY THAT THE COURT

                    CAN ORDER -- CAN ISSUE A TEMPORARY ORDER OF SPOUSAL SUPPORT

                    NOTWITHSTANDING THAT THE RESPONDENT'S DEFAULT IN NOTICE --

                    NOTWITHSTANDING THE RESPONDENT HAD A DEFAULT UPON NOTICE, AND

                    NOTWITHSTANDING INFORMATION WITH RESPECT TO INCOME AND ASSETS OF THE

                    PETITIONER OR THE RESPONDENT MAY BE UNAVAILABLE.  NOW THINK ABOUT

                    THAT.  WE ARE AUTHORIZING THE FAMILY COURT TO ISSUE A TEMPORARY SPOUSAL

                    ORDER OF SUPPORT WITHOUT KNOWING ANY INFORMATION ABOUT THE ASSETS OR

                    INCOME, AND NOT EVEN HAVING THE PARTIES NECESSARILY BEFORE IT.  DUE

                    PROCESS AND FAIRNESS SUGGEST THAT BEFORE THE COURT ISSUES AN ORDER, THE

                    PARTIES OUGHT TO BE IN FRONT OF THE COURT AND THE COURT OUGHT TO HAVE THE

                    BASIC INFORMATION ABOUT WHICH SPOUSE IS MAKING MORE MONEY, HOW

                    MUCH, WHO HAS THE PROPERTY, WHO DOESN'T.  AND IN THE FAMILY COURT

                    PROCEEDING WHERE PEOPLE ARE AT EACH OTHER'S THROATS, WE NEED TO ENSURE

                    THAT OUR COURT SYSTEM OPERATES IN ACCORDANCE WITH FUNDAMENTAL

                    FAIRNESS, AND THIS BILL DOESN'T MEET THAT STANDARD.

                                         278



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THANK YOU, SIR.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WALLACE TO EXPLAIN HER VOTE.

                                 MS. WALLACE:  THANK YOU, MR. SPEAKER.  THIS IS

                    AN IMPORTANT BILL BECAUSE IT PROVIDES COURTS WITH THE OPPORTUNITY TO

                    GRANT TEMPORARY SPOUSAL SUPPORT.  CURRENTLY UNDER THE LAW, THE COURTS

                    CAN GRANT TEMPORARY SUPPORT ONLY IF THERE ARE CHILDREN INVOLVED.  THIS

                    WILL ALLOW THE COURT TO ALLOW TEMPORARY SPOUSAL SUPPORT IN SITUATIONS

                    WHERE THE -- THERE ARE NO DEPENDENT CHILDREN OR PERHAPS THE -- THE

                    CHILDREN ARE GROWN.  SO THAT'S WHY THIS LEGISLATION IS VERY IMPORTANT.

                    AND I JUST WANT TO CLARIFY THAT EVEN THOUGH THE LEGISLATION ALLOWS THE

                    COURT TO ORDER THE TEMPORARY SUPPORT, IF THE RESPONDENT FAILS TO APPEAR,

                    THE RESPONDENT HAS BEEN PROVIDED NOTICE, AND IF FOR SOME REASON THE

                    RESPONDENT AT SOME POINT FEELS AS THOUGH THE ORDER WAS UNJUST - AND,

                    AGAIN, IT'S JUST A TEMPORARY ORDER - THE RESPONDENT ALWAYS HAS THE

                    OPPORTUNITY TO MOVE THE COURT TO AMEND THAT ORIGINAL ORDER.  SO I THINK

                    THIS IS REALLY IMPORTANT BECAUSE, AS WE KNOW, THE VAST MAJORITY OF

                    SPOUSAL OR DOMESTIC ABUSE CASES INVOLVE SOME FORM OF FINANCIAL ABUSE,

                    AND WE NEVER WANT TO HAVE A VICTIM STAYING IN A SITUATION BECAUSE SHE

                    -- SHE LACKS THE RESOURCES TO FLEE.  SO THIS WILL ALLOW COURTS -- IT GIVES

                                         279



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THEM THE TOOLS THAT THEY NEED TO ENSURE THAT VICTIMS OF DOMESTIC

                    VIOLENCE CAN ESCAPE SAFELY.

                                 AND SO WITH THAT, I WILL -- AM VOTING IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. WALLACE

                    IN THE AFFIRMATIVE.

                                 MS. WALSH TO EXPLAIN HER VOTE.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  SO I KNOW

                    THAT ALL OF US ARE REALLY SHOCKED AT THE CONCEPT THAT A JUDGE MIGHT BE

                    MAKING IMPORTANT DECISIONS VERY QUICKLY, KIND OF SEAT-OF-THE-PANTS,

                    WITH LESS THAN PERFECT INFORMATION.  WE WOULD NEVER DO THAT, I KNOW.

                    BUT I -- I JUST WANT TO SAY THAT I THINK THAT THIS IS A REALLY GOOD BILL, AND

                    I THINK THAT IT IS A TEMPORARY ORDER THAT'S BEING MADE, AND I THINK IT IS

                    IMPORTANT THAT IT GET -- IT GETS MADE EARLY IN THE PROCEEDINGS.

                                 SO I THANK THE SPONSOR AND I VOTE IN THE AFFIRMATIVE.

                    THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. WALSH IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, I WOULD LIKE TO THANK THE

                    MEMBERS.  WE'VE BEEN MOVING AT A VERY FAST PACE, AND COOPERATION OF

                    THE MINORITY.  I WOULD LIKE TO CALL UP THREE BILLS ON THE CONSENT

                                         280



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CALENDAR:  RULES REPORT NO. 459, PALMESANO, PAGE 15; RULES REPORT

                    NO. 545, PAGE 22, CRESPO; RULES REPORT NO. 575, PAGE 28, RAYNOR;

                    AND THEN WE'RE GOING TO FOLLOW THAT BY GOING -- STARTING ON THE CONSENT

                    DECREE, RULES REPORT NO. 528, PAGE 19.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A07577-B, RULES

                    REPORT NO. 459, PALMESANO, BYRNES, GIGLIO, ENGLEBRIGHT, RA.  AN ACT

                    TO AMEND THE HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION OF THE

                    STATE HIGHWAY SYSTEM AS THE "TROOPER NICHOLAS F. CLARK MEMORIAL

                    BRIDGE."

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. PALMESANO, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A04509-A, RULES

                    REPORT NO. 545, CRESPO, OTIS, DE LA ROSA, BUTTENSCHON, RODRIGUEZ,

                                         281



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WALLACE, D'URSO, PICHARDO, REYES, ARROYO, BRONSON, PHEFFER AMATO,

                    ROZIC, SIMOTAS, GRIFFIN, COOK, COLTON, ABBATE, MAGNARELLI, JOYNER,

                    BARNWELL, SOLAGES, ORTIZ, ABINANTI, STECK, SEAWRIGHT, M.G. MILLER,

                    MOSLEY, MORINELLO, BENEDETTO, SIMON, STIRPE, RYAN, WOERNER,

                    JACOBSON, NIOU, ROMEO, TAYLOR, JAFFEE, DICKENS, LAVINE, AUBRY,

                    MCDONALD, RA, MALLIOTAKIS, FINCH, DESTEFANO, WEPRIN, REILLY,

                    L. ROSENTHAL.  AN ACT TO AMEND THE LABOR LAW AND THE STATE FINANCE

                    LAW, IN RELATION TO REQUIRING THE LICENSING OF PERSONS ENGAGED IN THE

                    DESIGN, CONSTRUCTION, INSPECTION, MAINTENANCE, ALTERATION, AND REPAIR OF

                    ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING DEVICES (PART A); AND TO

                    AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION

                    TO THE LICENSING OF APPROVED ELEVATOR AGENCY DIRECTORS, INSPECTORS, AND

                    TECHNICIANS PERFORMING ELEVATOR WORK IN THE CITY OF NEW YORK; AND TO

                    REPEAL THE DEFINITION OF PRIVATE ELEVATOR INSPECTION AGENCY IN SECTION

                    28-401.3 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK (PART

                    B).

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. CRESPO, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE)

                                         282



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. CRESPO TO EXPLAIN HIS VOTE.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER, VERY

                    BRIEFLY.  I WANT TO THANK THE -- THE LEADERSHIP OF SENATOR DIANE SAVINO

                    WHO CARRIED THIS BILL FOR SO MANY YEARS, AND OUR PROGRAM AND COUNSEL

                    TEAM IN LABOR WHO WORKED DILIGENTLY TO ADDRESS A LOT OF CONCERNS

                    AROUND THE -- THIS BILL HAS BEEN AROUND FOR SOME TIME.  I ALSO WANT TO

                    RECOGNIZE TWO OTHER PEOPLE:  ONE IS MIKE HALPERIN, WHO HAS WORKED

                    FOR YEARS, AND OTHERS, TO MAKE SURE THAT THIS BILL SEES THE LIGHT OF DAY

                    AND -- AND BECOMES LAW.  THIS WILL SAVE LIVES AS WE IMPROVE THE WORK

                    AROUND ELEVATORS IN OUR STATE.  BUT I REALLY WANT TO DEDICATE THIS TO A

                    YOUNG MAN THAT I WATCHED GROWING UP.  HIS NAME WAS BRIAN JACOME.

                    HE WAS THE SON OF MY COWORKER WHEN I WORKED IN THE SENATE.  HE WAS

                    AN ELEVATOR REPAIR GUY, AND UNFORTUNATELY, HE DIED IN A TRAGIC,

                    PREVENTABLE ACCIDENT.  AND I DEDICATE THIS TO BRIAN.  I KNOW HIS MOM,

                    HELEN, IS WATCHING AND I WANT HER TO KNOW I HAVEN'T FORGOTTEN HIM, AND

                    THIS VOTE IS -- IS DEDICATED TO HIM.

                                 THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MR. CRESPO IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08403, RULES REPORT

                    NO. 575, RAYNOR, GRIFFIN.  AN ACT AUTHORIZING THE COMMISSIONER OF

                                         283



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EDUCATION AND THE CHANCELLOR OF THE BOARD OF REGENTS, WITH THE

                    APPROVAL OF THE BOARD OF REGENTS, TO APPOINT MONITORS TO OVERSEE THE

                    HEMPSTEAD UNION FREE SCHOOL DISTRICT; AND PROVIDING FOR THE REPEAL OF

                    SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. RAYNOR, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. RAYNOR TO EXPLAIN HER VOTE.

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

                    ALLOWING ME TO EXPLAIN THE VOTE.  THE INCORPORATED VILLAGE OF

                    HEMPSTEAD IS THE LARGEST VILLAGE IN THE UNITED STATES.  HEMPSTEAD IS A

                    DIVERSE, BEAUTIFUL VILLAGE WITH A BROKEN HEART.  THEIR HEART IS BROKEN

                    BECAUSE OUR CHILDREN, OUR AFRICAN-AMERICAN AND LATINO BABIES HAVE

                    BEEN SUFFERING FOR DECADES.  THE HEMPSTEAD UNION FREE SCHOOL

                    DISTRICT HAS BEEN STRUGGLING FOR YEARS TO GAIN SIGNIFICANT STABILITY.

                    THERE HAVE BEEN SEVERE ISSUES WITH FISCAL ACCOUNTABILITY AND

                    TRANSPARENCY, CURRICULUM DEVELOPMENT, ACCURATE GRADE AND DATA

                    REPORTING AND SECURITY.  OUR CHILDREN HAVE HAD TO ENDURE INTERRUPTED

                    EDUCATION, MISSING CLASS SCHEDULES, MOLDED FOOD, ATTENDING CLASS IN

                    DILAPIDATED TRAILERS, VISIBLE BLACK MOLD IN SCHOOLS, VERMIN THAT

                                         284



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EMERGED DURING THE DAY, AND THE SERIOUS ISSUE OF TRANSPORTATION SAFETY.

                    CURRENTLY, HEMPSTEAD HIGH SCHOOL STUDENTS DO NOT HAVE BUS

                    TRANSPORTATION TO AND FROM SCHOOL.  WE HAVE ISSUES WITH ATTENDANCE

                    AND STUDENTS DROPPING OUT BECAUSE THE LACK OF TRANSPORTATION IS A HUGE

                    BARRIER.  SOME OF OUR CHILDREN WALK OVER 2.8 MILES EACH WAY TO AND

                    FROM SCHOOL.  OUR CHILDREN ARE WALKING THROUGH INDUSTRIAL AREAS ALONG

                    BUSY STREETS NEAR THE HIGHWAY, IN RAIN, SLEET, SNOW AND FREEZING

                    TEMPERATURES.  OUR CHILDREN ARE WALKING THROUGH GANG-INFESTED AREAS

                    AND OFTEN SUCCESSFULLY RECRUITED IN THESE GROUPS BECAUSE OUR CHILDREN

                    DO NOT FEEL VALUED, WORTHY OR PROTECTED.  THIS IS TRAGIC.  THIS IS NOT

                    HOW ANY CHILD DESERVES TO LIVE, ESPECIALLY WHEN THEY ARE STUDENTS IN A

                    SCHOOL DISTRICT --

                                 (PAUSE)

                                 -- WITH A -- WITH A $250 MILLION BUDGET.  THE

                    GRADUATION RATE HAS FLUCTUATED OVER THE YEARS, AND EVEN DROPPED TO 37

                    PERCENT A COUPLE OF YEARS AGO.  THESE DISMAL GRADUATION NUMBERS LINE

                    THE PATHWAY TO POVERTY.  AND WHERE THERE'S POVERTY, THERE'S USUALLY

                    CRIME.  SO IN THE HEMPSTEAD SCHOOL DISTRICT WE CURRENTLY HAVE AN

                    EDUCATIONAL ENVIRONMENT THAT FUELS THE SCHOOL-TO-PRISON PIPELINE.  THIS

                    IS A HUGE PROBLEM FOR NEW YORK STATE.  WE HAVE IF NOT THE WORST, ONE

                    OF THE WORST SCHOOL DISTRICTS IN THE UNITED STATES.  I AM SO SORRY FOR THE

                    THOUSANDS OF CHILDREN THAT DID NOT RECEIVE THE EDUCATION AND

                    DEVELOPMENT OPPORTUNITIES THEY WERE ENTITLED TO.  I'M SO SORRY FOR THE

                    PARENTS AND THE TAXPAYERS THAT LOST FAITH IN THE HEMPSTEAD SCHOOL

                    DISTRICT AND FELT THEY HAD NOWHERE TO TURN.  THE PARENTS WHO STRUGGLE

                                         285



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TO PAY EXORBITANT PROPERTY AND SCHOOL TAXES AND STILL HAVE TO PAY FOR

                    PRIVATE SCHOOL BECAUSE THEY CANNOT DEPEND ON THE HEMPSTEAD SCHOOL

                    DISTRICT TO EDUCATE THEIR CHILDREN.  I'M SO SORRY FOR THE TEACHERS WHO

                    HAD TO WORK IN A CHAOTIC AND HOSTILE ENVIRONMENT.  AND I'M SO SORRY

                    FOR THE HEMPSTEAD SCHOOL DISTRICT EMPLOYEES THAT WERE FRIGHTENED INTO

                    SILENCE IN THE FACE OF INAPPROPRIATE AND CRIMINAL ACTS.

                                 I WANT HEMPSTEAD TO KNOW THAT I LOVE THEM AND I'M

                    WILLING TO DO EVERYTHING IN AND OUTSIDE OF MY POWER TO CHANGE THE

                    COURSE OF THE SCHOOL DISTRICT.  THIS IS A MASSIVE UNDERTAKING, AND WE

                    WOULD NOT BE HERE WITHOUT THE SUPPORT AND HARD WORK OF MANY

                    INDIVIDUALS.  THANK YOU, SPEAKER HEASTIE, AND MY LONG ISLAND SISTER IN

                    LEADERSHIP, K.J. PETE, FOR ADVOCATING FOR OUR CHILDREN THROUGH THE

                    ELEVENTH HOUR.  THANK YOU, MELISSA FIGUEROA, FOR FIGHTING FOR OUR

                    CHILDREN WITH EVERYTHING SHE HAD, INCLUDING HER SAFETY AND FREEDOM.

                    THANK YOU, CHANCELLOR BETTY ROSA FOR YOUR UNWAVERING SUPPORT

                    THROUGH THIS PROCESS AND YOUR COMMITMENT TO STANDING BY OUR SIDE

                    WHILE WE WORK TOWARDS A HAPPY, HEALTHY HEMPSTEAD.  THANK YOU,

                    ASSEMBLY AND SENATE STAFF FOR WORKING SO HARD TO DRAFT THIS

                    UNPRECEDENTED LEGISLATION.  THANK YOU, CAROLYN GUSOFF AND CBS FOR

                    YOUR INCREDIBLE DOCUMENTARY ABOUT HEMPSTEAD SCHOOL DISTRICT, 37

                    PERCENT.  PLEASE ALL GO AND WATCH IT AS A CAUTIONARY TALE.  YOUR WORK

                    SPREADS AWARENESS ABOUT THE CONDITIONS OUR CHILDREN EXPERIENCE.

                    THANK YOU SYDNEY DANIEL, MY SISTER, FOR RECOGNIZING MY PURPOSE AND

                    WORKING SO HARD TO PLACE ME HERE IN THE NEW YORK STATE ASSEMBLY SO

                    WE COULD SAVE OUR CHILDREN.  THANK YOU TO ALL THE PEOPLE WHO STAYED

                                         286



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE LINE AND REFUSED TO ABANDON THIS CAUSE AND OUR CHILDREN BECAUSE IT

                    WAS THE RIGHT THING TO DO AT ANY COST.  FINALLY, THANK YOU, SENATOR

                    THOMAS, MY PARTNER IN LEADERSHIP FOR YOUR COURAGE AND STRENGTH TO

                    REPAIR OUR SCHOOL DISTRICT.  WE NEED CHANGE.  WE NEED AN EFFECTIVE

                    LONG-TERM PLAN THAT BRINGS IMMEDIATE SHIFTS IN THE RIGHT DIRECTION.  I

                    FIRMLY BELIEVE THIS LEGISLATION IS PART OF THE PLAN.

                                 I'M GRATEFUL AND READY TO VOTE IN THE AFFIRMATIVE.

                    THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. RAYNOR IN

                    THE AFFIRMATIVE.

                                 (APPLAUSE)

                                 MR. RA TO EXPLAIN HIS VOTE.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  I JUST WANT TO

                    COMMEND MY COLLEAGUE AND FRIEND.  AND -- AND CLEARLY, YOU JUST SAW

                    THAT SHE, IN A SHORT TIME HERE, HAS PUT HER HEART -- HEART AND SOUL INTO

                    THIS.  YOU KNOW, DOING THINGS LIKE THIS IN THIS CHAMBER WHEN YOU'RE

                    DEALING WITH LOCALLY-ELECTED SCHOOL BOARDS IS SOMETHING THAT WE'VE

                    NEVER TAKEN LIGHTLY.  AND IT'S SOMETHING THAT IS ALWAYS DIFFICULT TO

                    STRIKE THE RIGHT BALANCE BETWEEN WORKING WITH THE LOCAL COMMUNITY

                    BUT MAKING SURE THAT THE SUPPORTS ARE THERE AND THE CONTROLS ARE THERE

                    ON THE -- ON THE STATE LEVEL.  BUT -- BUT MY COLLEAGUE IS GETTING THAT

                    RIGHT HERE TODAY SO THAT HOPEFULLY INTO THE FUTURE THE DISTRICT CAN

                    IMPROVE.  WE CAN NO LONGER HAVE THE -- THE CONSTANT BACK-AND-FORTH OF

                    DIFFERENT FACTIONS PULLING IN DIFFERENT DIRECTIONS.

                                 SO I COMMEND HER FOR HER LEADERSHIP AND I CAST MY

                                         287



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MR. RA IN THE

                    AFFIRMATIVE.

                                 MS. GRIFFIN TO EXPLAIN HER VOTE.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  I JUST WANT TO SAY I STAND WITH

                    ASSEMBLYWOMAN RAYNOR.  THIS IS A HARD ROAD THAT SHE IS TAKING, AND I

                    GIVE HER A LOT OF CREDIT FOR HER BRAVERY AND COURAGE.  EVERY DAY THAT

                    PASSES IN HEMPSTEAD REPRESENTS LOST OPPORTUNITIES FOR THE CHILDREN OF

                    HEMPSTEAD.  WE KNOW THAT EVERY STUDENT THAT WALKED INTO A

                    HEMPSTEAD SCHOOL TODAY IS NOT RECEIVING THE FULL POTENTIAL FOR THE

                    EDUCATION THEY DESERVE BECAUSE THEIR TEACHERS AND STAFF ARE NOT

                    RECEIVING THE LEADERSHIP TOOLS AND OPPOR -- OPPORTUNITIES NECESSARY FOR

                    THEM TO DO THEIR JOBS.  WITHOUT THIS BILL IT IS UNLIKELY THEY WILL RECEIVE

                    THOSE SERVICES IN THE NEAR FUTURE, AND THEY SHOULD NOT BE MADE TO WAIT

                    WHILE THE ADULTS AROUND THEM KEEP ARGUING HOW TO FIX IT.  IT'S TIME FOR

                    ACTION.  TIME IS SO PRECIOUS FOR OUR LITTLE ONES WHEN IT COMES TO THE

                    ACQUISITION OF KNOWLEDGE.  THE HEMPSTEAD SCHOOL DISTRICT HAS FACED A

                    NUMBER OF CHALLENGES THAT THIS LEGISLATION CAN ALLEVIATE.  THIS BILL

                    PROPOSES APPOINTING MONITORS TO OVERSEE DISTRICT OPERATIONS.  WHILE I

                    REPRESENT A SMALL PART OF THE HEMPSTEAD SCHOOL DISTRICT, IT IS VITAL THAT

                    WE GIVE OUR CHILDREN THE TOOLS TO SUCCEED.  WE WANT STUDENTS TO EXCEL.

                    PARENTS WANT THEIR CHILDREN TO THRIVE.  AND -- AND ALSO, TAXPAYERS ALSO

                    INVEST IN OUR CHILDREN AND EXPECT THE DISTRICT TO SUCCEED AT FULFILLING

                    THEIR PRIMARY RESPONSIBILITY IN EDUCATING CHILDREN.  APPOINTING THESE

                                         288



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MONITORS AND FOCUSING ON THIS SCHOOL DISTRICT THAT HAS BEEN REALLY IN --

                    IN TROUBLE FOR MANY, MANY YEARS IS A STEP IN THE RIGHT DIRECTION, AND I

                    HOPE MY COLLEAGUES WILL JOIN ME IN VOTING IN THE AFFIRMATIVE.

                                 THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. GRIFFIN IN

                    THE AFFIRMATIVE.

                                 MS. RICHARDSON TO EXPLAIN HER VOTE.

                                 MS. RICHARDSON:  THANK YOU, MR. SPEAKER.  I

                    RISE THIS EVENING TO COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION

                    FOR HAVING THE AUDACITY AND THE TENACITY TO SEE THIS THROUGH TO THE END.

                    YOU KNOW, WE ARE ALL LEGISLATORS FROM VARIOUS PARTS OF NEW YORK

                    STATE.  WE ALWAYS HAVE A DISTRICT-SPECIFIC EYE, BUT IT IS NOT BEYOND US

                    TO LEND AN EAR AND MIND AND THOUGHT PROCESS AROUND OUR COLLEAGUES'

                    PLIGHTS THAT THEY FACE.  AND THE SPONSOR HAS SPOKE ABOUT THE

                    HEMPSTEAD SCHOOL DISTRICT TO ME FOR SO LONG, AND JUST WANTING TO SEE

                    REFORM AROUND THE EDUCATION AND EDUCATION JUSTICE FOR THE STUDENTS IN

                    THAT DISTRICT.  SO I'M SO HAPPY TO SEE THAT THIS BILL IS COMING TO THE FLOOR

                    WITH ITS SENATE SPONSOR INTACT.  AND I JUST WANT TO PUT IT ON THE RECORD

                    THAT ALTHOUGH THIS IS A -- A [SIC] ISSUE THAT IS HAPPENING OUT IN LONG

                    ISLAND AND I'M FROM BROOKLYN, OUR EYES WILL BE ON THE GOVERNOR'S

                    SIGNATURE FOR THIS BILL TO ENSURE THAT THE CHILDREN OF HEMPSTEAD ARE

                    DESERVING THE EDUCATION THAT THEY DESERVE.

                                 AGAIN, I WANT TO COMMEND THE SPONSOR OF THIS

                    LEGISLATION, AND I WANT TO LET HER KNOW THAT YOU ARE NEVER ALONE IN ANY

                    FIGHT THAT YOU TAKE HERE.  WE GOT YOU.  THANK YOU.

                                         289



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER DENDEKKER:  MS.

                    RICHARDSON IN THE AFFIRMATIVE.

                                 MR. LAVINE TO EXPLAIN HIS VOTE.

                                 MR. LAVINE:  AS THE PERSON PRIVILEGED TO BE THE

                    SO-CALLED "DEAN" OF THE NASSAU DELEGATION, I JUST WANT TO SAY HOW

                    PROUD OUR ENTIRE DELEGATION IS OF OUR OWN ASSEMBLYMEMBER TAYLOR

                    RAYNOR AND OUR OWN STATE SENATOR KEVIN THOMAS, WHO WAS JUST HERE.

                    THANK YOU.  CHANGE IS COMING TO THE HEMPSTEAD SCHOOL DISTRICT.

                                 THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MR. LAVINE IN

                    THE AFFIRMATIVE.

                                 MR. SMITH TO EXPLAIN HIS VOTE.

                                 MR. SMITH:  THANK YOU, MR. SPEAKER.  AND I JUST

                    WANT TO TAKE A MOMENT TO COMMEND MY COLLEAGUE, TAYLOR RAYNOR, FOR

                    TAKING ON THIS ISSUE.  AS A FELLOW LONG ISLAND REPRESENTATIVE AND AS AN

                    EDUCATOR, THIS HAS BEEN AN ISSUE ON LONG ISLAND IN THE EDUCATION

                    COMMUNITY TO MAKE SURE THAT THE STUDENTS IN HEMPSTEAD SCHOOLS GET

                    THE BEST OPPORTUNITIES THEY -- THEY RIGHTFULLY DESERVE.  I THINK IT'S BEEN

                    GREAT THAT IN THE -- IN HER FIRST SIX MONTHS SHE HAS REALLY LED ON THIS

                    ISSUE AND REALLY HAD GREAT -- HAD THE COURAGE TO STAND UP AND FIGHT

                    AGAINST DIFFERENT INTERESTS IN THE COMMUNITY TO MAKE SURE THAT OUR

                    STUDENTS ARE WELL-REPRESENTED AND GET EVERY OPPORTUNITY.

                                 SO I'M SO PROUD TO BE TAYLOR'S FRIEND AND A FELLOW

                    COLLEAGUE HERE ON LONG ISLAND, AND THANK YOU FOR THE WORK AND GOD

                    BLESS.  THANK YOU.  I'LL BE VOTING IN THE AFFIRMATIVE.

                                         290



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER DENDEKKER:  MR. SMITH IN

                    THE AFFIRMATIVE.

                                 MR. MONTESANO TO EXPLAIN HIS VOTE.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.  JUST

                    TO JOIN IN TO COMPLIMENT ASSEMBLYWOMAN RAYNOR, YOU KNOW, THIS

                    SCHOOL DISTRICT HAS HAD ITS DIFFICULTIES OVER THE YEARS AND THEY'RE VERY

                    SEVERE DIFFICULTIES.  THERE'S BEEN A MONITOR THERE, AND HIS WORK GETS

                    UNDONE.  IT'S JUST -- IT'S JUST A COMPLEX PROBLEM.  AND I'M JUST SO HAPPY

                    THAT SHE HAS BEEN ABLE TO TAKE THE BULL BY THE HORNS, TO SPEAK, TO GET

                    THIS DONE BECAUSE THERE'S BEEN A LOT OF RESISTANCE, A LOT OF PUSHBACK

                    AND A LOT OF DIFFICULTY.  AND I WOULD JUST SAY BETWEEN THIS AND THE BILL

                    SHE DID WITH THE FREEPORT ARMORY SO FAR, THE PEOPLE IN HER DISTRICT,

                    ESPECIALLY IN HEMPSTEAD AND FREEPORT, PUT THEIR FAITH AND CONFIDENCE

                    IN HER, AND I WILL SAY IT WAS WELL-PLACED AND THEY'RE SEEING THE RESULTS.

                                 SO, CONGRATULATIONS.

                                 (APPLAUSE)

                                 ACTING SPEAKER DENDEKKER:  MR.

                    MONTESANO IN THE AFFIRMATIVE.

                                 MRS. ARROYO TO EXPLAIN HER VOTE.

                                 MRS. ARROYO:  I WANT TO TELL MY COLLEAGUE MS.

                    RAYNOR, YOU ARE NOT ALONE HERE.  WE ARE HERE WORKING TOGETHER.

                    BECAUSE OUR CHILDREN HAVE -- HAVE BEEN ABANDONED FOR YEARS AND YEARS

                    AND YEARS.  AND EVERY DAY THAT WE CAN SEE AN INCIDENT THAT HAPPENED IS

                    WHAT MOVE US TO DO WHAT WE ARE SUPPOSED TO BE DOING EVERY DAY.  BUT

                    WE HAVE TO DEMAND FROM OUR COLLEAGUES HERE THAT WE HAVE TO BE

                                         291



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TOGETHER.  BECAUSE WHAT HAPPENED TO ONE CHILD TODAY COULD HAPPEN TO

                    ANY CHILD TOMORROW.

                                 ACTING SPEAKER AUBRY:  MRS. ARROYO IN THE

                    AFFIRMATIVE.

                                 MR. CRESPO.

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

                    MY VOTE BRIEFLY.  I JUST WANT TO COMMEND THE SPONSOR.  I'VE HAD THE

                    PRIVILEGE OF SITTING IN THE ROW WITH HER AND TALKING TO HER OVER THIS PAST

                    YEAR AROUND -- ABOUT THESE ISSUES -- AND HER STAFF AND MELISSA AND

                    OTHERS IN HER OFFICE -- AROUND THESE ISSUES.  AND I ALSO GOT A CHANCE TO

                    LEARN A LOT ABOUT THE ISSUES IN HEMPSTEAD FROM TALKING TO OUR

                    CHANCELLOR BETTY ROSA, AND ALSO THE ADVOCACY OF MANY IN THE LATINO

                    COMMUNITY, AN OVERWHELMING MAJORITY OF THE STUDENT BODY IN THE

                    HEMPSTEAD SCHOOL DISTRICT.  AND THE NEEDS OF THAT COMMUNITY -- AS

                    PRIOR -- PAST CHAIR OF THE PUERTO RICAN AND HISPANIC TASK FORCE, WE'VE

                    DONE A LOT TO ADVOCATE FOR THE NEEDS OF IMMIGRANT AND LATINO STUDENTS.

                    AND I JUST WANT TO SAY, ASSEMBLYWOMAN, THANK YOU FOR YOUR

                    LEADERSHIP AND FIGHTING FOR CHILDREN THAT LOOK A LOT LIKE ME IN YOUR OWN

                    COMMUNITY.

                                 ACTING SPEAKER AUBRY:  MR. CRESPO IN THE

                    AFFIRMATIVE.

                                 MR. LIPETRI.

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

                    EXPLAIN MY VOTE.  THIS IS A TRUE EXAMPLE OF SOMEONE COMMITTED TO

                    MAKING A DIFFERENCE FOR THE COMMUNITY.  SOMEONE THAT'S COMMITTED TO

                                         292



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DOING WHAT'S RIGHT FOR THE PEOPLE.  WE ARE IN THE PEOPLE'S HOUSE, AND

                    THIS LEGISLATION IS AN EXAMPLE OF JUST THAT.  IT'S IGNORING THE WHITE NOISE

                    AND LOOKING FORWARD AND TRULY PROVIDING EXCELLENCE FOR THE 18TH.

                                 SO I WANT TO APPLAUD THE SPONSOR OF THIS BILL, MS.

                    RAYNOR, AND I WISH YOU THE BEST AND I'M PROUD TO VOTE IN THE

                    AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. LIPETRI IN THE

                    AFFIRMATIVE.

                                 MR. D'URSO.

                                 MR. D'URSO:  I WANT TO JOIN MY ASSEMBLYWOMAN

                    HERE, MY -- MY -- (ADJUSTING MIC).  PARDON ME.  I WANT TO JOIN ALL THE

                    DELEGATION FROM NASSAU.  I'VE SEEN THE SCHOOL DETERIORATED FROM A

                    DISTANCE.  I -- I NEVER TRUSTED THE PEOPLE ON THE BOARD THAT MADE SO

                    MANY CHANGES, THAT WERE CHARGED ALL KIND OF CORRUPTIONS.  NOW I THINK

                    THEY APPOINTED MY FRIEND JACK BIERWIRTH BY THE STATE DEPARTMENT OF

                    EDUCATION, IF I'M CORRECT.  I -- I THINK HE'S STILL THERE.  AM I CORRECT?  IS

                    HE DOING GREAT JOB?

                                 (LAUGHTER)

                                 HE'S MY FRIEND.  I COULD TRUST HIM, BUT I LEAVE IT UP TO

                    YOU.  ANYWAY, YOU GOT MY SUPPORT.  AND YOU MADE SUCH A BIG

                    DIFFERENCE IN THE FEW MONTHS THAT YOU HAVE BEEN HERE THAN YOUR

                    PREDECESSOR THAT WAS HERE FOR SO MANY, MANY YEARS.  ANYTHING WE

                    COULD DO TO HELP YOU OUT, JUST LET US KNOW, LET ME KNOW, AND I'LL BE

                    THERE TO HELP YOU.

                                 THANK YOU.

                                         293



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MR. D'URSO IN THE

                    AFFIRMATIVE.

                                 MS. WALKER.

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

                    ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  IT IS WELL SETTLED THAT

                    EDUCATION IS THE CIVIL RIGHTS ISSUE OF OUR TIME.  AND WE KNOW AND WE

                    RECOGNIZE IT ACROSS OUR STATE, ACROSS OUR COUNTRY, EDUCATIONAL EQUITY

                    AND EXCELLENCE IS A GREAT EQUALIZER FOR SO MANY CHILDREN WHO SIT IN OUR

                    CLASSROOMS.  AND THIS IS A GREAT DAY.  AND I APPRECIATE THE OPPORTUNITY

                    TO HEAR THAT WHILE WE, IN NEW YORK CITY, ARE ALWAYS FIGHTING FOR

                    EDUCATIONAL ADVANCEMENTS AND INVESTMENTS IN OUR SCHOOL SYSTEM THAT

                    TOGETHER, OUR VOICES ARE STRONGER.  AND WHEN WE HAVE A UNIFIED VOICE

                    WE WILL GET TO THE PLACE, I BELIEVE, THAT WE COLLECTIVELY SEEK.  WE'VE

                    HEARD THE STORY IN EAST RAMAPO.  WE UNDERSTAND, ALSO -- I'M SURE THAT

                    WE'LL HEAR THAT THIS IS GOING ON OUT IN SUFFOLK COUNTY, AND I'M SURE

                    THERE ARE MANY OTHER PLACES ACROSS OUR STATE WHERE WE ARE

                    EXPERIENCING THIS.

                                 SO TODAY IS A GREAT DAY FOR EDUCATION.  IT'S A GREAT DAY

                    FOR OUR CHILDREN.  AND I WANT TO COMMEND THE SPONSOR ON HER BRAVERY

                    FOR BRINGING THIS ISSUE TO THE FLOOR, AND I LOOK FORWARD TO VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 MS. MILLER.

                                 MS. MILLER:  THANK YOU.  I JUST WANT TO SAY, YOU

                                         294



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    KNOW, WE -- WE, FROM NASSAU, ALSO, WE'VE BEEN WATCHING FOR YEARS

                    WHAT'S HAPPENED WITH THE HEMPSTEAD SCHOOLS AND IT'S BEEN

                    HEARTBREAKING AND FRUSTRATING.  AND IT'S EXTRAORDINARY TO WATCH WHAT

                    YOU HAVE ACCOMPLISHED IN SUCH SHORT A TIME, AND IT'S SO INSPIRING.  AND

                    WE'RE JUST -- I'M SO PROUD.  AND -- AND IT'S -- WE -- THIS IS WHY WE DO

                    WHAT WE DO, AND TO WATCH YOU DO THIS, AND IT JUST REMINDS US, THIS IS

                    WHAT WE'RE ALL HERE FOR.  SO, THANK YOU.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. MILLER IN THE

                    AFFIRMATIVE.

                                 MR. FITZPATRICK.

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

                    JUST -- FROM FAR AWAY IN SUFFOLK COUNTY WE'VE ALSO WATCHED

                    HEMPSTEAD SCHOOLS STRUGGLE.  BUT, YOU KNOW, WE ALL -- WE KNOW THERE

                    WAS A MAJOR POLITICAL EARTHQUAKE THAT HAPPENED IN QUEENS IN THE LAST

                    ELECTION, BUT THAT -- ON LONG ISLAND THERE WAS A BIG EARTHQUAKE THAT

                    HAPPENED IN NASSAU COUNTY WHEN TAYLOR RAYNOR DEFEATED THE

                    INCUMBENT IN THAT ELECTION.  AND IT WAS ON THAT DAY THAT THE FUTURE

                    BECAME BRIGHTER FOR THE CHILDREN OF HEMPSTEAD BECAUSE OF HER

                    CAMPAIGN AND THE HARD WORK THAT SHE'S DOING HERE.  I COMMEND HER AND

                    I COMPLIMENT HER.  AND THE KIDS HAVE A BRIGHT FUTURE IN HEMPSTEAD,

                    THANKS TO YOU, TAYLOR.  GOOD LUCK.

                                 ACTING SPEAKER AUBRY:  MR. FITZPATRICK IN THE

                    AFFIRMATIVE.

                                 MR. MIKULIN.

                                         295



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. MIKULIN:  I JUST WANT TO SAY CONGRATULATIONS.

                    I'M IN THE DISTRICT RIGHT NEXT DOOR.  I KNOW WE'RE GOING TO BE WORKING

                    TOGETHER ON MANY ISSUES FOR OUR -- FOR OUR SCHOOL DISTRICT THAT WE SHARE.

                    I'M SO HAPPY TO BE WORKING WITH YOU ON THIS PROCESS.  KEEP UP THE

                    GOOD WORK, AND WE'RE -- WE'RE GOING TO HAVE REAL -- REAL RESULTS FOR THE

                    PEOPLE OF HEMPSTEAD.  SO, THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MIKULIN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE GO TO RULES

                    REPORT NO. 616, PAGE 35, JEAN-PIERRE.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08422-A, RULES

                    REPORT NO. 616, JEAN-PIERRE.  AN ACT AUTHORIZING THE COMMISSIONER OF

                    EDUCATION, IN CONJUNCTION WITH THE COMPTROLLER, TO APPOINT A MONITOR

                    TO OVERSEE WYANDANCH UNION FREE SCHOOL DISTRICT AND ESTABLISHING THE

                    POWERS AND DUTIES OF THE MONITOR; AND PROVIDING FOR THE REPEAL OF SUCH

                    PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 (PAUSE)

                                         296



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 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.)

                                 MS. JEAN-PIERRE TO EXPLAIN HER VOTE.

                                 MS. JEAN-PIERRE:  TODAY IS A GREAT DAY IN THIS

                    CHAMBER WHERE WE TAKE EDUCATION A PRIORITY.  MANY -- MANY PEOPLE

                    MOVE TO LONG ISLAND FOR OUR GREAT SCHOOL DISTRICTS.  BUT AS WE KNOW,

                    WE JUST PASSED A -- A MONITOR IN HEMPSTEAD, AND I COMMEND MY

                    COLLEAGUE FOR TAKING THE COURAGE TO DO THIS ON -- EVEN ON HER FIRST TERM.

                    BUT WE HAVE POCKETS OF POVERTY ON LONG ISLAND WHERE BLACK AND

                    BROWN CHILDREN ARE AT A HOLE AND THEIR FUTURE IS A LOSS FOR HOPE.  BUT

                    TODAY WE'RE MAKING THAT CHANGE.  AND I THANK OUR SPEAKER FOR TAKING

                    THE COURAGE AND TO SAY YES, NO MATTER WHERE YOU LIVE YOU DESERVE A

                    QUALITY EDUCATION.  AND TODAY WE ARE TELLING WYANDANCH SCHOOL BOARD

                    ENOUGH IS ENOUGH.  AND WE -- WE HAVE -- WE'RE THE ONLY SCHOOL DISTRICT

                    IN THIS STATE TO HAVE FAILED OUR SCHOOL BUDGET.  WE'RE OPENING SCHOOL IN

                    SEPTEMBER WITH A $9 MILLION DEFICIT BECAUSE AN ADDITIONAL -- ADDITIONAL

                    $4 MILLION BECAUSE WE HAD TO STOP PAYING OUR OPERATING BUDGET SO WE

                    CAN PAY TEACHERS.  AND IT IS FAIR TO OUR TEACH CHILDREN BECAUSE AT THE

                    END OF THE DAY, NO CHILD IS AN EXPERIMENT FOR ANYONE.

                                         297



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 SO AGAIN, I THANK YOU AND I'LL BE CASTING MY VOTE IN

                    THE AFFIRMATIVE, AND I LOOK FORWARD TO MAKING SURE THAT WE CAN RISE

                    HOPE IN EACH AND EVERY KID IN WYANDANCH TODAY.  THANK YOU .

                                 ACTING SPEAKER AUBRY:  MS. JEAN-PIERRE IN

                    THE AFFIRMATIVE.

                                 MS. RICHARDSON TO EXPLAIN HER VOTE.

                                 MS. RICHARDSON:  MR. SPEAKER, AS YOU SEE, I

                    CONTINUE TO KEEP RISING IN SUPPORT OF MY COLLEAGUES WHO ARE PUTTING

                    THESE INDEPENDENT MONITORS IN PLACE TO ENSURE THAT THE CHILDREN OF THEIR

                    DISTRICT RECEIVE ADEQUATE EDUCATION.  EVERYONE KNOWS THAT I STAND FOR

                    EDUCATION, ESPECIALLY IN THE 43RD ASSEMBLY DISTRICT, BUT NOT JUST THAT

                    EXCLUSIVELY.  I'M LOOKING FOR EDUCATION EQUITY AND JUSTICE FOR ALL

                    CHILDREN ACROSS THE STATE OF NEW YORK.  I WANT TO THANK THE SPONSOR OF

                    THIS PIECE OF LEGISLATION, AS WELL AS THE SPEAKER FOR YOUR LEADERSHIP AND

                    YOUR COURAGE TO ENSURE THAT THE RIGHT THING HAPPENS FOR THOSE WHO WE

                    ARE GOING TO ENTRUST OUR FUTURE WITH.

                                 I'M SO PROUD OF YOU, MY SISTER.  AND WITH THAT I VOTE

                    IN THE AFFIRMATIVE

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON IN

                    THE AFFIRMATIVE.

                                 MR. STERN TO EXPLAIN HIS VOTE.

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

                    SUPPORT BY FRIEND AND COLLEAGUE, ASSEMBLYWOMAN JEAN-PIERRE.  KJP

                    HAS BEEN A TREMENDOUS ADVOCATE FOR HER COMMUNITY, PARTICULARLY THE

                    CHILDREN OF WYANDANCH.  AND SO THIS IS A PARTICULARLY IMPORTANT

                                         298



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    INITIATIVE FOR THAT COMMUNITY.  I COMMEND YOU AS THE SPONSOR, BUT

                    MOST IMPORTANTLY SAY CONGRATULATIONS ON THIS IMPORTANT INITIATIVE.  AND

                    THANK YOU.  THANK YOU FOR OUR GREATER SUFFOLK COUNTY REGION WHERE

                    YOU CONTINUE TO PLAY SUCH AN IMPORTANT ROLE, PARTICULARLY WHEN IT

                    COMES TO THE EDUCATION OF OUR CHILDREN.  I KNOW THAT THE PEOPLE OF

                    WYANDANCH ARE PROUD TO HAVE YOU AS THEIR REPRESENTATIVE.

                                 AND MR. SPEAKER, I PROUDLY ASK ALL OF MY COLLEAGUES

                    TO SUPPORT THIS VERY IMPORTANT INITIATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. STERN IN THE

                    AFFIRMATIVE.

                                 MR. RAMOS TO EXPLAIN HIS VOTE.

                                 MR. RAMOS:  I WOULD LIKE TO COMMEND THE SPONSOR.

                    IN FACT, BOTH MY COLLEAGUES FOR TAKING ON THIS DIFFICULT ISSUE.  I KNOW

                    FROM FIRSTHAND EXPERIENCE WHAT I WENT THROUGH IN MY OWN SCHOOL

                    DISTRICT IN -- IN BRENTWOOD.  I HAD -- I FACED THAT DIFFICULT CHOICE OF

                    HAVING TO CONFRONT SCHOOL BOARDS, WHICH IS A -- A SITUATION OF

                    CONSTITUENTS AGAINST CONSTITUENTS WHO WERE BAD STEWARDS OF THE SCHOOL

                    BUDGET.  SCHOOL BOARD MEETINGS WHERE PHYSICAL FIGHTS BROKE OUT.

                    POLICE CAME IN.  HOURS SPENT ARGUING ABOUT HOW THEY'RE SPLITTING UP

                    THE PIE, THE FINANCIAL PIE, AND VERY LITTLE DISCUSSION ABOUT THE -- ABOUT

                    THE EDUCATION OF OUR CHILDREN.  SCHOOL BOARD MEMBERS WITH OVER 11

                    FAMILY MEMBERS HIRED IN THE DISTRICT.  EVERY TIME THEY VOTED ON RAISES

                    THEY WERE ENRICHING 11 FAMILY MEMBERS.  THIS IS WHAT WENT ON.  BUT

                    AFTER TAKING ON THAT SITUATION IN THE BRENTWOOD SCHOOL DISTRICT, THE TIDE

                    TURNED.  I'M HOPEFUL THAT IN MY TWO COLLEAGUES' DISTRICT THAT SAME THING

                                         299



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HAPPENS AND WE'RE ABLE SOMETIMES TO HAVE TO CLEAN HOUSE AND IT'S VERY

                    DIFFICULT TO HAVE TO CONFRONT OUR OWN WHEN THE PROBLEM IS IN-HOUSE.

                    BUT BETTER DAYS ARE AHEAD FOR HAVING THE COURAGE OF TAKING THIS ON AND

                    I COMMEND YOU BOTH.

                                 ACTING SPEAKER AUBRY:  MR. RAMOS IN THE

                    AFFIRMATIVE.

                                 MS. WALKER.

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

                    SUPPORT NOT ONLY MY FRIEND BUT MY SOROR IN THIS ENDEAVOR.  I'VE NEVER

                    HEARD AS MUCH ABOUT THE CHILDREN OF WYANDANCH AS I'VE HEARD SINCE

                    INTERACTING WITH HER AND BEING COLLEAGUES HERE IN THE STATE ASSEMBLY.

                    AND I TALK A LOT ABOUT BROWNSVILLE AND HOW THE STUDENTS OUT THERE

                    SOMETIMES IT FEELS AS IF IT'S A DESTITUTE SITUATION BECAUSE OF ALL OF THE

                    BENIGN NEGLECT THAT WE'VE EXPERIENCED IN OUR EDUCATIONAL POLICIES THAT

                    HAVE BEEN INEQUITABLE AND UNJUST.  SO IT'S A PROUD MOMENT, I BELIEVE,

                    THAT SHE HAS THIS DAY IN ORDER TO STATE THAT NO MORE FOR THE INEQUITIES FOR

                    THE INJUSTICES THAT THE CHILDREN HAVE BEEN EXPERIENCING.  WE EVEN TEND

                    TO HAVE CONVERSATIONS BECAUSE EVERYONE SEEMS TO RECEIVE A COPY OF

                    WHATEVER IT IS THAT GOES INTO SPECIFIC BUDGETS.  BUT IN NEW YORK CITY

                    EVERYTHING GETS LUMPED INTO IT, SO YOU DON'T REALLY KNOW WHAT YOUR

                    DISTRICT RECEIVES.  BUT TO BE ABLE TO HAVE A WATCHDOG TODAY TO ENSURE

                    THAT THE RESOURCES THAT SHE FIGHTS SO HARD FOR EACH AND EVERY DAY

                    ACTUALLY MAKES IT TO THE PLACE THAT'S NEEDED THE MOST.  SHE SHOULD BE

                    COMMENDED, AND I'M SURE THAT YOU ARE.  AND ALSO A PARENT, YOU KNOW,

                    WE HAVE TO MAKE HARD DECISIONS EACH AND EVERY DAY BECAUSE NOT ONLY

                                         300



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ARE WE REPRESENTING OUR COMMUNITIES AND LIVING IN OUR COMMUNITIES,

                    BUT WE'RE ALSO RAISING OUR OWN FAMILIES THERE AS WELL.  SO THE

                    EXPERIENCE OF EDUCATION IS NOT ONLY A PROFESSIONAL ONE.  I'M SURE THAT

                    IT'S ALSO A PERSONAL ONE.

                                 SO CONGRATULATIONS, KIM JEAN-PIERRE, ON A SUCCESSFUL

                    BILL.  AND I WANT TO COMMEND YOU FOR ALL OF THE HARD WORK THAT YOU'VE

                    DONE THUS FAR, AND I AM SURE THAT THE STUDENTS OF WYANDANCH WILL HAVE

                    YOU TO THANK AS THEY ARE ENCOUNTERING ALL OF THE OPPORTUNITIES THAT WILL

                    EXIST BECAUSE OF THIS DAY.  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 MR. LAVINE.

                                 MR. LAVINE:  I -- I DON'T LIVE IN SUFFOLK COUNTY, BUT

                    I DON'T LIVE THAT FAR FROM WYANDANCH.  AND I'VE HAD THE PLEASURE AND

                    HONOR AND I'M ACTUALLY BLESSED TO HAVE KNOWN KIMBERLY JEAN-PIERRE

                    LONG BEFORE I THINK MS. JEAN-PIERRE EVER THOUGHT SHE WOULD SIT IN THE

                    NEW YORK STATE ASSEMBLY.  AS SOMEONE WHO LIVES NEAR THAT SCHOOL

                    DISTRICT, I WANT TO SAY HOW PROUD I AM OF WHAT KIMBERLY JEAN-PIERRE

                    AND SENATOR JOHN BROOKS HAVE DONE, AS PROUD AS I AM OF WHAT'S BEEN

                    DONE IN -- IN HEMPSTEAD.  AND I THINK THIS SENDS A VERY, VERY STRONG

                    MESSAGE THAT THE NEW YORK STATE LEGISLATURE IS NOT ONLY VERY

                    INTERESTED IN KNOWING WHAT GOES ON IN OUR SCHOOL DISTRICTS, ESPECIALLY

                    OUR CHALLENGED SCHOOL DISTRICTS, BUT THE NEW YORK LEGISLATURE IS READY,

                    WILLING AND ABLE TO STEP IN AND TAKE -- TAKE THE STEPS NECESSARY TO MAKE

                    SURE THAT THE STUDENTS IN THOSE DISTRICTS GET THE EDUCATION THAT THEY

                                         301



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DESERVE.  WELL DONE, MY FRIEND, KIMBERLY JEAN-PIERRE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE IN THE

                    AFFIRMATIVE.

                                 MS. GRIFFIN.

                                 MS. GRIFFIN:  THANK YOU, MR. SPEAKER.  I RISE TO --

                    IN SUPPORT OF ASSEMBLYMEMBER KIM JEAN-PIERRE.  I JUST THINK IT IS -- I

                    COMMEND YOU FOR YOUR BRAVERY AND, AGAIN, CALLING OUT THE SCHOOL

                    DISTRICT.  IT IS NOT APPROPRIATE FOR ANY SCHOOL ON LONG ISLAND TO NOT BE

                    GIVING THEIR CHILDREN THE EDUCATIONAL OPPORTUNITY THEY DESERVE.  AND

                    ALTHOUGH WE HAVE VERY GOOD SCHOOL DISTRICTS ON LONG ISLAND, IT ISN'T

                    GOOD ENOUGH IF WE HAVE ANY SCHOOL DISTRICTS THAT ARE LAGGING BEHIND.

                    AND SO I'M IN FULL SUPPORT OF ALL OF YOU WHO HAVE CALLED YOUR SCHOOL

                    DISTRICTS OUT, HAVE CALLED THE SCHOOL BOARD OUT, AND HAVE CALLED FOR A

                    NEED FOR MONITORS TO MAKE THINGS FAR, FAR BETTER AND IMPROVE THE

                    CONDITIONS IN YOUR SCHOOL DISTRICT.

                                 I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GRIFFIN IN THE

                    AFFIRMATIVE.

                                 MS. RAYNOR.

                                 MS. RAYNOR:  THANK YOU, SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  KIMBERLY JEAN-PIERRE, ASSEMBLYWOMAN

                    JEAN-PIERRE, THANK YOU SO MUCH FOR INSPIRING ME TO MAKE SURE I -- I

                    TOOK ON THIS FIGHT AND DIDN'T WAIT BECAUSE IT COULDN'T WAIT.  SO I KNOW

                    OUR BILLS ARE VERY CLOSELY RELATED, SO THE TIMING IS JUST -- JUST -- IT'S -- IT'S

                                         302



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MEANT TO BE.  SO ANYTHING THAT WE CAN DO TO SUPPORT EACH OTHER, YOU'VE

                    ALREADY PROVEN THAT YOU'VE DONE THAT, SERVING AS A MENTOR TO SO MANY

                    AND ALWAYS BEING WILLING TO -- TO HELP ANYONE IN THEIR DISTRICT.

                                 SO THANK YOU SO MUCH FOR EVERYTHING YOU'VE DONE.

                    AND WITH THAT, I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. RAYNOR IN THE

                    AFFIRMATIVE.

                                 MS. HYNDMAN.

                                 MS. HYNDMAN:  THANK YOU FOR ALLOWING ME TO

                    EXPLAIN MY VOTE.  HAVING WORKED IN WYANDANCH YEARS AGO, IT WASN'T

                    LOST ON ME THAT THE NEIGHBORING SCHOOL DISTRICT WAS RANKED ONE OF THE

                    HIGHEST IN THE STATE, IF NOT THE NATION, AS THE SAME WITH THE NASSAU

                    SCHOOL DISTRICT WAS ALSO RANKED.  HEMPSTEAD WAS RANKED LOW, BUT THE

                    NEIGHBORING SCHOOL DISTRICT WAS PROBABLY ONE OF THE MOST AFFLUENT AS

                    WELL AS HIGHEST.  SO I THINK WE HAVE PUT THE STATE ON NOTICE THAT WHEN

                    IT COMES TO THE CHILDREN IN NEW YORK STATE THAT WE WANT TO MAKE SURE

                    ALL OF OUR CHILDREN ARE RISING TO THE LEVEL OF EDUCATION WE KNOW THEY

                    DESERVE.  I -- I THANK ASSEMBLYWOMAN JEAN-PIERRE FOR HER

                    STEADFASTNESS, AS WELL AS THE PREVIOUS BILL, MAKING SURE THAT ALL OF OUR

                    CHILDREN RISE TOGETHER.  WE'RE NO GREAT A STATE UNLESS WE MAKE SURE ALL

                    OF OUR CHILDREN DO WELL.  NEIGHBORHOOD TO NEIGHBORHOOD, DISTRICT TO

                    DISTRICT.  I LIVE IN QUEENS, BUT IF -- IF QUEENS IS NOT -- IF QUEENS IS

                    DOING WELL AND OTHER DISTRICTS AREN'T, THEN WE ARE ALL NOT DOING ON THE

                    SAME PLACE.

                                 THANK YOU.

                                         303



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MS. HYNDMAN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED

                                 (APPLAUSE)

                                 PAGE 19, RULES REPORT NO. 528.


                                 THE CLERK:  ASSEMBLY NO. A08212, RULES REPORT

                    NO. 528, GLICK, SIMON, GOTTFRIED, JAFFEE, GRIFFIN, L. ROSENTHAL.  AN

                    ACT AUTHORIZING THE COMMISSIONER OF HEALTH TO CONDUCT A STUDY AND

                    ISSUE A REPORT EXAMINING THE UNMET HEALTH AND RESOURCE NEEDS FACING

                    PREGNANT WOMEN IN NEW YORK AND THE IMPACT OF LIMITED SERVICE

                    PREGNANCY CENTERS ON THE ABILITY OF WOMEN TO OBTAIN ACCURATE,

                    NON-COERCIVE HEALTH CARE INFORMATION AND TIMELY ACCESS TO A

                    COMPREHENSIVE RANGE OF REPRODUCTIVE AND SEXUAL HEALTH CARE SERVICES

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08222, RULES REPORT

                    NO. 529, PALMESANO.  AN ACT TO AMEND THE VILLAGE LAW AND THE PUBLIC

                    OFFICERS LAW, IN RELATION TO AUTHORIZING THE VILLAGE OF RIVERSIDE TO

                    HIRE A VILLAGE CLERK/TREASURER AND CODE ENFORCEMENT OFFICER WHO IS NOT

                    A RESIDENT OF SUCH VILLAGE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                         304



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 READ THE LAST SECTION.  I'M SORRY.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08239, RULES REPORT

                    NO. 530, THIELE, PALUMBO.  AN ACT TO AMEND CHAPTER 387 OF THE LAWS

                    OF 2013 RELATING TO INCLUDING THE TRUSTEES OF THE FREEHOLDERS AND

                    COMMONALTY OF THE TOWN OF SOUTHAMPTON, TRUSTEES OF THE FREEHOLDERS

                    AND COMMONALTY OF THE TOWN OF EAST HAMPTON AND THE TRUSTEES OF

                    FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHOLD AS MUNICIPAL

                    CORPORATIONS FOR THE PURPOSES OF SECTION 72-H OF THE GENERAL

                    MUNICIPAL LAW, IN RELATION TO EXTENDING THE EXPIRATION OF SUCH

                    PROVISIONS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    THIELE, 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.

                                         305



                    NYS ASSEMBLY                                                      JUNE 20, 2019


                                 THE CLERK:  ASSEMBLY NO. A08289, RULES REPORT

                    NO. 531, RAIA.  AN ACT AUTHORIZING THE SAINT PARESKI -- PARA --

                    PARASKEVI GREEK ORTHODOX SHRINE CHURCH TO FILE AN APPLICATION FOR A

                    REAL PROPERTY TAX EXEMPTION.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    RAIA, 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.)

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  SAINT

                    PARASKEVI -- AND I -- IT TOOK ME THREE YEARS TO LEARN HOW TO SAY IT, SO

                    JOB WELL DONE.  THE PASSAGE OF THIS BILL IS A LONG STORY.  IT STARTED 28

                    YEARS AGO WHEN I WAS A YOUNG INTERN SITTING UP IN THAT BALCONY UP

                    THERE.  I'VE BEEN PRIVILEGED TO WORK WITH A NUMBER OF MANY GREAT

                    LEGISLATORS, ASSEMBLYMAN JOHN COCHRAN, JOHN BEHAN, ASSEMBLYMAN

                    JIM CONTE, RALPH MARINO, CARL MARCELLINO, ALL TAUGHT ME HOW TO BE A

                    GOOD LEGISLATOR.  I BRING THIS UP BECAUSE THIS IS MORE -- MORE THAN

                    LIKELY MY LAST BILL IN MY CAREER, 17-YEAR CAREER IN THE STATE ASSEMBLY.

                    SO I WOULD JUST LIKE TO QUICKLY THANK MY STAFF, BARBARA HANNA, JUDY

                    VAN AMBERG, PAT SEARING, MICHAEL JENNINGS, GIDEON LAMB, ARIANNA

                    STUPPLE, BERNADETTE FLYNN, WHO HAVE BEEN INSTRUMENTAL HELPING ME ON

                    THE HEALTH COMMITTEE AS THE RANKING MEMBER.  JOE LENTOL, WHO 17

                                         306



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    YEARS AGO SAT ME DOWN AT BREAKFAST AT THE QUALITY INN ON EVERETT ROAD

                    AND TAUGHT ME HOW TO BE A GOOD LEGISLATOR OVER BREAKFAST.  THANK YOU,

                    JOE.  MIKE FITZPATRICK AND WILL BARCLAY, WHAT'S LEFT OF MY CLASSMATES.

                    PHIL RAMOS, I SEE YOU OVER THERE, TOO.  WE WERE CLASSMATES AS WELL.

                    I'D LIKE TO THANK LEADER KOLB FOR ENTRUSTING ME TO BE THE RANKING

                    MEMBER ON THE HEALTH COMMITTEE.  I'M VERY PROUD OF THE WORK THAT

                    I'VE DONE WITH OUR CHAIRMAN, RICHARD GOTTFRIED, OVER THE YEARS.  AND

                    I'D LIKE TO THANK SPEAKER HEASTIE.  I THINK THE BIGGEST COMPLIMENT I CAN

                    PAY YOU IS YOU ARE STILL THE SAME HUMBLE, CARING INDIVIDUAL THAT I

                    BECAME FRIENDS WITH 17 YEARS AGO.  SO GOD BLESS YOU AND THANK YOU

                    FOR TREATING OUR SIDE OF THE AISLE WITH DIGNITY AND RESPECT.  BUT MOST OF

                    ALL I WANT TO THANK MY COLLEAGUES ON BOTH SIDES OF THE AISLE FOR YOUR

                    COMRADERY AND FRIENDSHIP.  BUT MOST IMPORTANTLY FOR TEACHING ME

                    ABOUT YOUR DISTRICTS AND THE ISSUES THAT ARE IMPORTANT TO YOUR

                    CONSTITUENTS.  WE'RE A BIG DIVERSE STATE, AND AS MUCH AS OUR JOB IS TO

                    LEGISLATE, IT IS ALSO OUR JOB TO LEARN FROM EACH OTHER FOR IT IS THROUGH THIS

                    LEARNING PROCESS THAT WE CAN BETTER UNDERSTAND OUR DIFFERENCES AND

                    DRAFT BETTER LEGISLATION THAT TREATS ALL NEW YORKERS FAIRLY.

                                 GOD BLESS YOU ALL.  I HOPE I DON'T SEE YOU IN JANUARY --

                                 (LAUGHTER)

                                 BUT IF I DO, I WILL BE VERY HAPPY TO PICK UP WHERE WE

                    LEFT OFF.  THANK YOU AND GOD BLESS YOU ALL.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER.

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

                                         307



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EXPLAIN MY VOTE.  FOR THE PAST 11 YEARS THE SPONSOR HAS BEEN A VERY

                    CLOSE AND DEAR FRIEND PERSONALLY.  WE DIDN'T ALWAYS AGREE ON POLICY,

                    BUT WE DID HAVE A LOT OF FUN, FROM GO-CART RIDING TO THE FINANCE

                    COMMITTEE TO FISHING TO PARASAILING OR WHATEVER ELSE WE DID IN PUERTO

                    RICO.  YOU'RE A GOOD MAN.  I'M GOING -- I'M GOING TO MISS YOU A LOT.

                    WILL THINK ABOUT YOU EVERY TIME I HEAR "SWEET CAROLINE."  THERE'S NO

                    DOUBT ABOUT IT, I'LL ONLY THINK OF YOU.  WE WISH YOU THE BEST IN YOUR

                    NEW CAREER, WHATEVER YOU DECIDE TO DO.  WE HOPE YOU COME BACK UP

                    AND VISIT.  AND DON'T FORGET US IN JUNE AT FESTA.  WE'LL LOOK FORWARD TO

                    SEEING YOU BACK HERE.

                                 I'LL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER IN

                    THE AFFIRMATIVE.

                                 MR. PALUMBO.

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

                    EXPLAIN MY VOTE.  I JUST WANTED TO SAY A FEW COMMENTS ABOUT THE

                    SPONSOR AS WELL.  I WAS NEVER IN POLITICS UNTIL I RAN FOR THIS SEAT, NEVER

                    CARRIED A PETITION.  SO WHEN I CAME I SAT RIGHT HERE.  I'VE BEEN HERE FOR

                    SIX YEARS AND IT'S BEEN QUITE AN INTERESTING RIDE.  THESE SEATS HAVE

                    MOVED AROUND, BUT I'VE ALWAYS BEEN HERE LEARNING THE NUANCES OF THE

                    HOUSE, THE NUANCES OF POLITICS, ABOUT WHAT HE WAS GOING TO DO TO FIX

                    HIS BOAT.  WE HAD VARIOUS BOUTS OF CRYING TODAY EVEN OVER A

                    CHEESESTEAK AT ONE POINT --

                                 MR. RAIA:  OH, C'MON.

                                 MR. PALUMBO:  -- SO HE'S VERY NOSTALGIC.  BUT HE'S

                                         308



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BEEN GIVEN -- GIVEN ME MANY, MANY YEARS OF SAGE ADVICE.  I WISH HIM

                    WELL IN HIS FUTURE ENDEAVORS.  AND I CAN LET HIM KNOW THAT BEING JUST

                    EAST OF HIM ABOUT AN HOUR THAT WHEN HE'S STRUGGLING WITH THOSE

                    DECISIONS THAT WE HAVE DEALT WITH SO MANY TIMES IN THESE TWO SEATS,

                    WHETHER OR NOT HE SHOULD SWIPE RIGHT OR SWIPE LEFT ON THE EHARMONY

                    ACCOUNT.

                                 (LAUGHTER)

                                 MR. PALUMBO:  I'M JUST --

                                 (LAUGHTER)

                                 I'M JUST -- I'M JUST A FACETIME BUDDY OR AN

                    HOUR-AND-A-HALF DRIVE EAST.  SO, WE WILL MISS YOU.  AND THANK YOU.  IT

                    WAS PLEASURE SERVING WITH YOU, MY FRIEND.  THANK YOU.

                                 (LAUGHTER)

                                 I VOTE IN THE AFFIRMATIVE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO IN THE

                    AFFIRMATIVE.

                                 MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  I'M NOT SURE HOW

                    TO FOLLOW THAT UP.  BUT -- BUT I JUST WANT TO BRIEFLY SAY, WHEN I -- WHEN

                    I FIRST GOT HERE, I SAT RIGHT OVER THERE WHERE MR. MC -- WELL, WHERE MR.

                    DESTEFANO WAS, THERE WERE FIVE OF US IN THAT ROW BETWEEN ANDY RAIA

                    AND OUR FORMER COLLEAGUE JOE SALADINO.  IT WAS AN INTERESTING PLACE FOR

                    -- FOR A FIRST-TIME ELECTED OFFICIAL, YOU KNOW, A 28-YEAR-OLD KID TO SIT.

                    BUT YOU KNOW, I COULDN'T HAVE ENDED UP IN A BETTER SPOT IN HINDSIGHT.

                                         309



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ANDY RAIA INTRODUCED ME TO SO MANY PEOPLE UP HERE.  I LEARNED A LOT

                    FROM HIM ABOUT ALBANY, I LEARNED ABOUT A GUY WHO IS INTO HIS TOYS AND

                    GADGETS.  YOU KNOW, ANY TIME I BROUGHT IN A NEW CELLPHONE CASE OR

                    ANYTHING ELSE, WE -- YOU KNOW, HE -- HE WAS INTO EVERYTHING.  PROBABLY

                    THE ONLY GUY I'VE EVER SEEN FLY A LITTLE DRONE INSIDE THE CHAMBER AND DO

                    ALL KINDS OF OTHER DIFFERENT THINGS.  BUT IT -- IT REALLY -- AT THE END OF THE

                    DAY WE JOKE ABOUT ANDY, BUT HE REALLY, I KNOW, LOVED SERVING IN THIS

                    HOUSE WITH EACH AND EVERY ONE OF US, EVEN WHEN HE GETS IN ONE OF HIS

                    GROUCHY MOODS.  AND HE REALLY HAS -- HAS BEEN A LEADER IN OUR

                    CONFERENCE, ESPECIALLY ON THE HEALTH COMMITTEE FOR THE LAST FEW YEARS.

                    AND, YOU KNOW, I WILL ALWAYS BE THANKFUL THAT I HAD THE OPPORTUNITY TO

                    SPEND MY FIRST FEW YEARS SITTING RIGHT NEXT TO YOU OVER THERE.  WE WISH

                    YOU ALL THE BEST, BROTHER.

                                 THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. RA IN THE

                    AFFIRMATIVE.

                                 MR. GARBARINO.

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

                    EXPLAIN MY VOTE AND JUST TALK ABOUT THE SPONSOR.  WHEN I GOT UP HERE

                    SEVEN YEARS AGO I WAS 28.  THE ONLY OTHER ASSEMBLYMAN I KNEW WAS

                    AL GRAF, WHO'S NOW A JUDGE.  AND I WAS -- I WAS A LITTLE WORRIED, BUT

                    ANDY RAIA --

                                 (LAUGHTER)

                                 I WAS VERY LUCKY BECAUSE ANDY RAIA, YOU KNOW, TOOK

                                         310



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ME UNDER HIS WING UP HERE.  YOU KNOW, HE SHOWED ME AROUND.  HE

                    WAS VERY GENEROUS.  AND IN THIS -- IN THIS BUSINESS WE -- WE MEET A LOT

                    OF SELFISH PEOPLE, A LOT OF PEOPLE THAT ARE SELF-INVOLVED, AND ANDY, ALL

                    HE WANTED TO DO WAS HELP ME.  HE WANTED TO INTRODUCE ME TO HIS

                    FRIENDS, HE WANTED TO INTRODUCE ME TO HIS CONTACTS WHO ARE NOW

                    BECOME MY FRIENDS AND MY CONTACTS UP HERE.  AND THAT'S NOT

                    SOMETHING A LOT OF PEOPLE DO.  I'VE LEARNED A LOT FROM ANDY.  YOU

                    KNOW -- YOU KNOW, HE INVOLVED ME IN THE FINANCE COMMITTEE, WHICH

                    WAS WONDERFUL AND I'VE BECOME FRIENDS WITH ALL THOSE GUYS.  YOU

                    KNOW, GOING TO KARAOKE ON MONDAYS AND WEDNESDAYS UP HERE, IT'S

                    ALWAYS BEEN A TREAT.  SOMOS.  ANDY RAIA WAS ONE OF THE FIRST

                    REPUBLICANS TO GO TO SOMOS, AND NOW A GROUP OF US GO ALMOST EVERY

                    YEAR.  HE -- HE OPENED THAT DOOR FOR ALL OF US AND IT'S AMAZING.  BUT IF

                    YOU EVER HAD --  ONE OF THE THINGS I'VE REALLY LEARNED FROM ANDY RAIA IS

                    IF YOU EVER WENT TO DINNER WITH HIM, HE REALLY KNOWS HOW TO SEND BACK

                    A MEAL, YOU KNOW?

                                 (LAUGHTER)

                                 BUT IN ALL SERIOUSNESS, I'VE -- IN ANDY RAIA I'VE MADE

                    A LIFELONG FRIEND AND I'M GOING TO MISS HIM UP HERE.  BUT LUCKILY, WE'RE

                    VERY CLOSE TOGETHER ON LONG ISLAND SO I'LL BE ABLE TO SEE HIM DOWN

                    THERE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GARBARINO IN THE

                    AFFIRMATIVE.

                                 MR. LENTOL.

                                         311



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. LENTOL:  THANK YOU, MR. SPEAKER.  SO FIRST OF

                    ALL, I WANT TO SET THE RECORD STRAIGHT.  I DIDN'T TEACH ANDY RAIA NOTHING.

                                 (LAUGHTER)

                                 HE BECAME A GOOD LEGISLATOR ALL ON HIS OWN.  AND YOU

                    DID IT WELL, ANDY.  YOU WERE A -- YOU WERE A GOOD GUY WHEN I MET YOU

                    17 YEARS AGO, AND YOU CAME TO ALBANY TO CHANGE THE WORLD.  AND I GOT

                    TO SAY, YOU CHANGED A LOT FOR BEING IN THE MINORITY FOR ALL THOSE YEARS.

                    AND YOU MADE A LOT OF FRIENDS UP HERE BECAUSE YOU'RE A GOOD GUY, AND

                    THEY DON'T COME ANY BETTER AND I'M GOING TO MISS YOU VERY MUCH.  I

                    KNOW THAT YOU HAVE MIXED FEELINGS ABOUT LEAVING HERE, AS DID I ONCE

                    WHEN I ALMOST LEFT, AND I KNOW EXACTLY HOW YOU FEEL IN YOUR HEART

                    BECAUSE I LOVE THIS PLACE AND YOU DID, TOO.  WE'RE ALL GOING TO MISS

                    YOU.  THANK YOU FOR YOUR SERVICE.

                                 I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. LENTOL IN THE

                    AFFIRMATIVE.

                                 MR. FITZPATRICK.

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

                    EXPLAIN MY FRIENDSHIP WITH ANDREW RAIA.

                                 (LAUGHTER)

                                 ANDY -- ANDY AND I ARE CLASSMATES.  WE CAME IN

                    TOGETHER.  HE IS A -- A KIND PERSON, A CONSCIENTIOUS PERSON, A VERY

                    FRIENDLY PERSON.  AND IT HAS BEEN HIS AMBITION TO FOLLOW HIS WONDERFUL

                    MOTHER JO-ANN AS THE TOWN CLERK IN THE TOWN OF HUNTINGTON.  AND

                    FOR THOSE OF YOU WHO DON'T KNOW, JO-ANN RAIA IS A LEGEND IN

                                         312



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HUNTINGTON POLITICS, IN THE TOWN OF HUNTINGTON, AND FRANKLY, AROUND

                    THE STATE AS ONE OF THE LONGEST-SERVING TOWN CLERKS.  AND SHE IS THE

                    GOLD STANDARD AS FAR AS TOWN CLERKS GO, AND I THINK ANDREW WILL FIT

                    THOSE SHOES -- FIT IN HER SHOES VERY COMFORTABLY.  HE LEARNED THE ART OF

                    POLITICS FROM HER, AS WELL AS FROM JOE AND OTHERS.  BUT I AM PROUD TO

                    CALL HIM MY FRIEND.  HE IS A LOT OF FUN TO BE AROUND, AS MANY OF US

                    KNOW.  AND JUST ONE QUICK STORY.  ANDY AND I, WHEN WE CAME HERE WE

                    BOTH DROVE VOLVOS.  AND I STILL DRIVE A VOLVO, I LOVE MY VOLVO.  AND

                    ANDREW STILL HAS HIS OLD VOLVO, AND WE'D ALWAYS TALK ABOUT VOLVOS.

                    AND ONE DAY DRIVING HOME ON THE THRUWAY, ANDY HAD THE RACING

                    EDITION OF HIS -- WHAT WAS IT, AN S60 R -- R STANDS FOR RACING -- WHICH

                    MEANS IT GOES FAST.  AND I'M DOING MY 65 AND IT WAS LIKE A FIGHTER JET

                    FLYING PAST ME.

                                 (LAUGHTER)

                                 AND I STOPPED AT THE NEXT REST STOP AND I SAW HIM.

                    AND I SAID, HOW FRICKIN' FAST WERE YOU GOING?  WELL, I'LL ASK -- ANDREW

                    CAN TELL YOU HOW FAST HE WAS GOING.  I DON'T WANT TO EMBARRASS HIM.

                    BUT HE'S --

                                 (LAUGHTER)

                                 YOU KNOW, HE MARCHES TO THE BEAT OF A DIFFERENT

                    DRUMMER, AND WE WILL MISS HIM.  HE IS -- HE'S GOING TO DO A GREAT JOB

                    AND HE'LL BE A GREAT TOWN CLERK.  ANDREW, I LOVE YOU.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. FITZPATRICK IN THE

                    AFFIRMATIVE.

                                 MS. JEAN-PIERRE.

                                         313



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. JEAN-PIERRE:  THANK YOU, MR. SPEAKER, FOR

                    EXPLAINING MY VOTE.  WHEN I FIRST GOT HERE FIVE YEARS AGO, ANDREW

                    RAIA FIRST GAVE ME MY STATE FLAG.  HE BORDERS MY DISTRICT.  ALTHOUGH

                    I'M A DEMOCRAT AND HE'S A REPUBLICAN, BUT LONG ISLAND IS DIFFERENT.

                    WE WORK WELL TOGETHER.  AND I WANT TO SAY THANK YOU FOR BEING A

                    FRIEND, FOR BEING A GREAT COLLEAGUE.  I'M -- I'M SURE THIS IS JUST THE

                    BEGINNING FOR YOU.  I -- I WILL SEE YOU BACK ON LONG ISLAND.  I WANT TO

                    WISH YOU WELL AND THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. JEAN-PIERRE IN

                    THE AFFIRMATIVE.

                                 MR. LAVINE.

                                 MR. LAVINE:  THANK YOU.  SO, ANDY, YOU AND I

                    HAVE RARELY AGREED ON POLICY OR POLITICS.  BUT THAT'S WHAT THIS ENTIRE

                    EXPERIENCE IS ABOUT.  IT'S PEOPLE OF GOOD FAITH LIKE YOU, ANDY,

                    ADVOCATING FOR WHAT YOU BELIEVE IN, EXCHANGING IDEAS AND WORKING

                    TOWARDS A RESOLUTION THAT'S IN THE BEST INTERESTS OF ALL OF US.  SO, AND I'LL

                    SAY THIS, YOU ACTUALLY HAVE CONVINCED ME SEVERAL TIMES THAT I'M NOT

                    ALWAYS RIGHT.  HARD ENOUGH TO IMAGINE.  BUT FOR YOUR DEDICATION TO

                    COMMUNITY - IT'S ACTUALLY A LOVE OF COMMUNITY - AND YOUR CONSTANT

                    HARD WORK, YOUR ANALYSIS, YOUR USE -- YOUR USE OF THE BEST OF HUMOR TO

                    MAKE -- TO MAKE POINTS.  WE WILL CERTAINLY MISS YOU.  AND I -- I DO

                    WANT TO GIVE YOU WHAT I THINK IS A REAL -- A REAL COMPLIMENT, A SINCERE

                    COMPLIMENT, MOST SINCERE COMPLIMENT.  JIM CONTE WOULD BE PROUD.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE IN THE

                    AFFIRMATIVE.

                                         314



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. WALKER.

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

                    ALLOWING ME TO ALSO EXPLAIN MY VOTE -- MY VOTE AND HOW PROUD I AM TO

                    VOTE IN THE AFFIRMATIVE ON MR. RAIA'S FINAL PIECE OF LEGISLATION.  WHEN I

                    GOT HERE MY OFFICE WAS RIGHT NEXT DOOR TO ANDY'S ON THE SIXTH FLOOR.

                    AND THERE WAS ANOTHER LEGISLATOR ON THE SIXTH FLOOR, I REMEMBER HIM

                    SAYING TO ME, YOU KNOW, ALL YOU WOMEN ARE COMING HERE NOW AND

                    YOU'RE ALL SO NEW.  YOU DON'T KNOW WHAT YOU CAN'T ASK FOR.  AND THEN

                    THEY SAID, WELL, YOU KNOW, YOU'RE COMING UP HERE WITH ALL THIS STUFF

                    AND YOU DON'T EVEN KNOW WHERE THE BATHROOMS ARE.  AND SO I KINDLY

                    WALKED OUT OF HIS OFFICE AND INTO ANDY'S OFFICE AND I SAID, MR. RAIA,

                    WHERE ARE THE BATHROOMS?  AND WHEN I SAW THAT OTHER LEGISLATOR, I

                    STOOD IN FRONT OF THE BATHROOM, WHICH WASN'T VERY FAR FROM HIS OFFICE,

                    AND SAID, WELL, HOW YOU LIKE ME NOW?

                                 (LAUGHTER)

                                 SO THANK YOU, ANDY, FOR ALL THAT YOU'VE TAUGHT ME AS A

                    NEW LEGISLATOR.  ALSO, YOU GAVE ME THE COURAGE TO BE WITTY, BUT ALSO TO

                    BE SKILLFUL.  YOU EMBRACED ME, MY FAMILY, MY DAUGHTER, PARTICULARLY

                    ON OUR FIRST DAY BEING HERE, AND GAVE ME THE LEVEL OF COMFORT TO KNOW

                    THAT ALTHOUGH I HAD THIS LITTLE TWO-YEAR-OLD IN THE OFFICE NEXT DOOR - AND

                    HOPEFULLY SHE DIDN'T BOTHER YOU TOO MUCH - BUT THAT THIS PLACE IS A -- IS

                    A PLACE ABOUT FAMILY AND WE ACCEPT EACH AND EVERY ONE OF US FOR WHO

                    WE ARE.  SO THANK YOU.  MY BEST WISHES TO YOU.  I LOOK FORWARD TO

                    JOINING YOU OUT ON LONG ISLAND, PARTICULARLY SINCE I AM LOVER OF ALL

                    THINGS SEAFOOD.  AND I ALSO APPRECIATE THE FACT THAT WE'VE HAD OUR

                                         315



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OPPORTUNITIES TO ENJOY FISH AND GRITS.

                                 SO GOOD LUCK TO YOU AND GOD BLESS YOU.  I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 MR. RAMOS.

                                 MR. RAMOS:  I DO RISE FOR -- I'M NOT SAYING GOODBYE

                    TO ANDY.  YOU KNOW, JUST SAY I'M GLAD YOU'RE -- YOU'RE MOVING ON TO

                    BETTER THINGS THAT YOU -- THAT YOU WANTED.  BUT, YOU KNOW, I REMEMBER

                    BACK 18 YEARS AGO.  WE CAME IN ON THE SAME CLASS AND IT'S BEEN AN 18-

                    YEAR BROMANCE, RIGHT?  THAT'S MY BOY, ANDY.

                                 (LAUGHTER)

                                 YOU ARE MY -- YOU'RE ANOTHER BROTHER FROM A

                    REPUBLICAN MOTHER.  THAT'S WHAT YOU ARE.

                                 (LAUGHTER)

                                 I -- I GOT TO TELL YOU GUYS, THOUGH, YOU KNOW, IN THE

                    MINORITY THERE'S NO BETTER AMBASSADOR THAN ANDY.  HE'S A GUY WHO

                    WOULD THROUGH HIS RELATIONSHIPS WILL COME, PEOPLE WILL LISTEN TO HIM

                    NO MATTER WHAT POLITICAL PERSUASION THEY ARE.  I WANT TO THANK YOU,

                    BUDDY.  THIS IS NOT THE END BECAUSE WE'RE BOTH ON LONG ISLAND AND

                    WE'RE GOING TO BE HANGING IN THE NEAR FUTURE.

                                 ACTING SPEAKER AUBRY:  MR. RAMOS IN THE

                    AFFIRMATIVE.

                                 MS. MELISSA MILLER.

                                 MS. MILLER:  SO, I'M RELATIVELY MUCH NEWER THAN

                                         316



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EVERYBODY WHO'S SPOKEN, BUT ANDY WAS ALSO ONE OF THE FIRST PEOPLE

                    WHO WAS VERY WELCOMING TO ME.  AND ALTHOUGH HE WAS THE CHAIR OF

                    THE HEALTH COMMITTEE, I REALLY, REALLY FOUND MYSELF RELYING VERY

                    HEAVILY ON HIM FOR ADVICE AND HIS EXPERIENCE ON THE ENVIRONMENTAL

                    CONSERVATION COMMITTEE AND FOUND THAT I COULD TEXT HIM AND ASK HIM

                    JUST ABOUT ANYTHING.  AND THAT HAS BEEN VERY, VERY VALUABLE TO ME.  I

                    WILL MISS IT EXTRAORDINARILY, AND I WILL KEEP CALLING YOU IF THAT'S OKAY.

                    BUT THANK YOU.  YOU KNOW, YOU REALLY -- YOU HAVE A VERY DIFFERENT

                    STYLE, I THINK EVERYBODY CAN SAY, AND WE ALL APPRECIATE IT.  YOU REALLY

                    -- YOU ARE -- YOU BEAT TO YOUR OWN DRUM, BUT YOU ARE REALLY ADMIRED

                    AND YOU ARE GOING TO BE MISSED.

                                 ACTING SPEAKER AUBRY:  MS. MELISSA MILLER IN

                    THE AFFIRMATIVE.

                                 MR. STERN.

                                 MR. STERN:  THANK YOU, MR. SPEAKER.  I'M SURE WE

                    -- WE ALL AGREE THAT YOU CAN TELL WHAT KIND OF MENTORS SOMEONE HAS HAD

                    THROUGHOUT HIS OR HER LIFE BY THE WAY THEY PAY IT FORWARD.  AND THERE IS

                    NO BETTER EXAMPLE THAN ASSEMBLYMAN RAIA WHO FOR SO MANY OF US

                    CONTINUES TO PAY IT FORWARD.  AND I HAVE CERTAINLY BEEN A -- A VERY

                    GRATEFUL BENEFICIARY OF HIS WISDOM AND HIS EXPERIENCE.  I REMEMBER

                    VERY WELL AFTER I HAD WON MY FIRST RACE FOR THE COUNTY LEGISLATURE 15

                    YEARS AGO, AND -- AND ONE OF THE VERY FIRST PEOPLE THAT I HAD BREAKFAST

                    WITH MAYBE TWO DAYS LATER WAS ASSEMBLYMAN RAIA.  NOW, ANDY HAS

                    ALWAYS BEEN VERY GOOD AT THE POLITICS, AND WE KNOW THAT, PARTICULARLY

                    DURING CAMPAIGN SEASON.  BUT I'LL NEVER FORGET WHAT HE SAID THAT DAY

                                         317



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AFTER WE WERE CELEBRATING MY FIRST RACE WAS HE SAID THAT, THE POLITICS

                    ARE THE POLITICS.  AND AFTER THE CAMPAIGN IS DONE, WE GOVERN AND WE

                    WORK TOGETHER.  AND ANYBODY THAT'S HAD THE OPPORTUNITY TO WORK WITH

                    ASSEMBLYMAN RAIA KNOWS THAT COMMUNITY ALWAYS COMES FIRST.  AND

                    THAT'S WHY HE'S ALWAYS BEEN SO EFFECTIVE AND SO BELOVED IN OUR

                    HOMETOWN COMMUNITY.  AND SO IT IS REALLY A PLEASURE FOR ME TO SAY TO

                    THE SENIOR ASSEMBLYMEMBER REPRESENTING THE TOWN OF HUNTINGTON AND

                    SAY THANK YOU FOR -- FOR YOUR FRIENDSHIP, FOR EVERYTHING THAT WE'VE BEEN

                    ABLE TO ACCOMPLISH TOGETHER.  YOUR PASSION IN ALL THAT YOU DO, BUT

                    PARTICULARLY YOUR LOVE FOR OUR COMMUNITY, CERTAINLY CONTINUES TO SERVE

                    AS AN EXAMPLE TO ME AND I'M SURE TO -- TO ALL OF US.

                                 MR. SPEAKER, IT IS A PRIVILEGE TO VOTE IN THE AFFIRMATIVE

                    FOR ASSEMBLYMAN RAIA'S LEGISLATION.

                                 ACTING SPEAKER AUBRY:  MR. STERN IN THE

                    AFFIRMATIVE.

                                 MR. WEPRIN.

                                 MR. WEPRIN:  I -- I, TOO, RISE TO EXPLAIN MY

                    FRIENDSHIP WITH ANDY RAIA.  I -- ANDY IS -- HAS BEEN ONE OF THE FIRST

                    REPUBLICAN MEMBERS THAT I -- I REALLY GOT FRIENDLY WITH.  AND -- AND I

                    CAN SAY THAT DESPITE MY BROTHER MARK WARNING ME ABOUT HIM.

                                 (LAUGHTER)

                                 HE ACTUALLY, YOU KNOW, PROBABLY SERVED WITH MARK

                    HALF OF HIS TIME UP HERE AND WITH ME THE -- THE OTHER HALF.  AND ANDY IS

                    REALLY, AS WAS MENTIONED, A REAL QUALITY GUY.  A GUY THAT'S IN

                    GOVERNMENT, IN POLITICS, FOR THE RIGHT REASON.  REALLY TO HELP PEOPLE.

                                         318



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HE'S PROBABLY ONE OF THE LEAST PARTISAN PEOPLE IN THE POLITICAL ARENA,

                    AND CERTAINLY LEAST PARTISAN WHEN IT COMES TO RELATIONSHIPS AND

                    FRIENDSHIPS.  AND I CERTAINLY AM TRULY GOING TO MISS ANDY AS WELL.

                                 I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN IN THE

                    AFFIRMATIVE.

                                 MS. SOLAGES.

                                 MS. SOLAGES:  I RISE, YOU KNOW, TO ALSO SAY WE'RE

                    GOING TO MISS YOU, ANDY.  YOUR DEPARTURE FELT SO REAL TODAY WHEN I

                    SAW YOU OUTSIDE THE FOOD TRUCK TEARING OVER A PHILLY CHEESESTEAK.

                                 (LAUGHTER)

                                 AND SO I -- I THANK YOU FOR YOUR PASSION, ESPECIALLY

                    FOR VAPING AND FOR CERAMIC KNIVES; TWO SUBJECTS I KNOW THAT I'M GOING

                    TO PAY -- PAY CLOSE ATTENTION TO.  BUT JUST ONCE AGAIN, THANK YOU.

                    YOU'VE ALWAYS BEEN A FRIEND, EVEN THOUGH YOU'RE A REPUBLICAN.

                                 (LAUGHTER)

                                 AND SO, I JUST WANT TO SAY THANK YOU SO MUCH.  BEST

                    LUCK ON YOUR NEXT STEPS, AND I LOOK FORWARD TO SEEING YOU ON LONG

                    ISLAND.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES IN THE

                    AFFIRMATIVE.

                                 MR. MOSLEY.

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

                    WHY I HAVE A FRIENDSHIP WITH ANDY RAIA.  WE'VE BEEN TO JAPAN, WE'VE

                    BEEN TO PUERTO RICO, WE'VE BEEN ALL THE WAY AROUND THE WORLD.  BUT

                                         319



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SOMETIMES WHEN SOMEONE BEFRIENDS YOU, PROBABLY THE BEST PLACE THEY

                    CAN INVITE YOU TO IS TO YOUR HOME.  AND LAST SUMMER YOU INVITED ME TO

                    YOUR HOME.  IT WAS JUST THE TWO OF US.  I BROUGHT THE SANDWICHES, YOU

                    PROVIDED THE BOAT.  TWO -- TWO NEW YORKERS ON THE LONG ISLAND

                    SOUND, FISHING, ENJOYING PEACE AND TRANQUILITY.  ENJOYING THE WEATHER,

                    HAVING LUNCH IN CONNECTICUT.  JUST KICKING IT, SHOOTING THE YOU-KNOW-

                    WHAT.  BUT I'D HOPE TO SAY THAT OUR FRIENDSHIP DOES NOT END HERE, THAT

                    MY SON LOOKS FORWARD TO GETTING ON YOUR BOAT.  I'M LOOKING FORWARD TO

                    CATCHING SOME FLUKE, SOME -- SOME BLUEFISH.  BUT MORE IMPORTANTLY, I

                    -- I'M GLAD THAT I CAUGHT EACH OTHER.  I -- I CAUGHT US IN -- IN THIS WORLD

                    WE CALL POLITICS AND GOVERNING HERE IN ALBANY.  THAT WE WERE ABLE TO

                    GET BEYOND OUR -- THE D AND R, GET BEYOND THE KID FROM LONG ISLAND,

                    THE KID FROM BROOKLYN, AND JUST FOUND ALL THE THINGS THAT MAKE US

                    FRIENDS AND ALL THE COMMONALITIES WE HAVE BEYOND WHAT PEOPLE MIGHT

                    SEE AS CLEAR DIFFERENCES.

                                 SO I WISH YOU NOTHING BUT THE VERY BEST.  MAY GOD

                    CONTINUE TO BLESS YOU AND YOUR FAMILY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MOSLEY IN THE

                    AFFIRMATIVE.

                                 MR. GOODELL.

                                 MR. GOODELL:  NICE JOB, ANDY.  THANK YOU FOR

                    YOUR SERVICE TO OUR CAUCUS, AND MORE IMPORTANTLY, TO THE STATE.

                    NOTHING IS MORE VALUABLE THAN THE RECOGNITION OF A JOB WELL DONE.

                    PLEASE STAY IN YOUR SEAT FOR THE REST OF THE EVENING SO WE CAN PROCEED

                    QUICKLY.

                                         320



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 MR. RAIA PASSES THAT BILL.

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08290-B, RULES

                    REPORT NO. 532, GOTTFRIED, SIMON.  AN ACT TO AMEND THE NAVIGATION

                    LAW, IN RELATION TO PROHIBITING VESSELS FROM OPERATING, ANCHORING OR

                    MOORING IN THE NAVIGABLE WATERS OF THE STATE WHILE OPERATING A DIGITAL

                    BILLBOARD BOARD.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08303, RULES REPORT

                    NO. 533, LUPARDO.  AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW,

                                         321



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IN RELATION TO THE REUSE OF TIRES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 120TH

                    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. A08315, RULES REPORT

                    NO. 534, LENTOL.  AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO PROCEEDINGS AGAINST JUVENILE AND ADOLESCENT OFFENDERS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    LENTOL, 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.

                                         322



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08346, RULES REPORT

                    NO. 535, BENEDETTO.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION

                    TO THE PROBATIONARY PERIOD FOR CERTAIN TENURED EMPLOYEES IN SCHOOL

                    DISTRICTS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                    2020.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08349, RULES REPORT

                    NO. 536, RYAN, ENGLEBRIGHT, REYES, ZEBROWSKI, ORTIZ.  AN ACT TO

                    AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE

                    PROTECTION OF CERTAIN STREAMS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                         323



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08404, RULES REPORT

                    NO. 538, CAHILL.  AN ACT TO AMEND THE FINANCIAL SERVICES LAW, THE

                    PUBLIC HEALTH LAW AND THE INSURANCE LAW, IN RELATION TO ESTABLISHING

                    PROTECTIONS FROM EXCESS HOSPITAL CHARGES; AND TO AMEND A CHAPTER OF

                    THE LAWS OF 2019, AMENDING THE FINANCIAL SERVICES LAW RELATING TO

                    ESTABLISHING PROTECTIONS FROM EXCESS HOSPITAL CHARGES, AS PROPOSED IN

                    LEGISLATIVE BILLS NUMBERS S.3171-A AND A. 264-B, IN RELATION TO THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00833-B, RULES

                    REPORT NO. 540, L. ROSENTHAL, COOK, SIMON, LAVINE, DICKENS, TAYLOR,

                    D'URSO, SEAWRIGHT, GOTTFRIED, ARROYO, RIVERA, CRESPO, JAFFEE, WEPRIN,

                    QUART, ORTIZ, MCDONALD, WALKER, COLTON, PERRY, CARROLL, RICHARDSON.

                    AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO THE ESTABLISHMENT

                                         324



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OF A PROGRAM FOR THE USE OF MEDICATION ASSISTED TREATMENT FOR INMATES;

                    AND TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO THE

                    IMPLEMENTATION OF SUBSTANCE USE DISORDER TREATMENT AND TRANSITION

                    SERVICES IN JAILS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED AND THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A02092-B, RULES

                    REPORT NO. 541, BRAUNSTEIN, BENEDETTO, MOSLEY, JAFFEE, DENDEKKER,

                    COLTON, O'DONNELL, KIM, FERNANDEZ.  AN ACT TO AMEND THE REAL

                    PROPERTY TAX LAW, IN RELATION TO INCREASING THE AVERAGE ASSESSED VALUE

                    THRESHOLD AND TO ELIGIBILITY FOR J-51 TAX ABATEMENTS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A02577-B, RULES

                    REPORT NO. 542, DINOWITZ, GOTTFRIED, PAULIN, SIMOTAS, COOK, COLTON,

                                         325



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ENGLEBRIGHT, GUNTHER, TITUS, WALKER, RODRIGUEZ, MALLIOTAKIS,

                    L. ROSENTHAL, CRUZ, REYES, HEVESI, SIMON, DICKENS, JAFFEE, LIFTON,

                    SMITH, SEAWRIGHT, MCDONOUGH, TAYLOR, JOYNER, RAMOS, MAGNARELLI,

                    MOSLEY, SOLAGES, NIOU, PICHARDO, OTIS, BUTTENSCHON, JEAN-PIERRE,

                    RAYNOR, LAWRENCE, KIM, ROZIC, BLAKE, STERN, WEPRIN, MCDONALD,

                    MIKULIN.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO REQUIRING

                    A COURSE OF STUDY IN THE PREVENTION OF CHILD SEXUAL EXPLOITATION AND

                    CHILD SEXUAL ABUSE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. DINOWITZ TO EXPLAIN HIS VOTE.

                                 MR. DINOWITZ:  THANK YOU.  THIS BILL, "ERIN'S

                    LAW," IS A NATURAL FOLLOW-UP AND COMPANION TO THE CHILD VICTIMS ACT

                    BY MS. ROSENTHAL.  WE NEED TO DO MORE ABOUT CHILD SEXUAL ABUSE THAN

                    MERELY TEACHING ABOUT STRANGER DANGER.  MOST CHILD SEX CRIMES ARE

                    COMMITTED BY TRUSTED ACQUAINTANCES, NOT STRANGERS, AND MANY YOUNG

                    VICTIMS OF SEXUAL ABUSE OR EXPLOITATIONS ARE UNAWARE OF WHEN AND

                    FROM WHOM TO SEEK HELP.  IT'S ESSENTIAL THAT CHILDREN BE PROVIDED WITH

                    VITAL SAFETY INFORMATION ON CHILD SEXUAL ABUSE AND EXPLOITATION, AND

                                         326



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THIS BILL REQUIRES THAT CLASSES IN PREVENTION OF CHILD SEXUAL ABUSE BE

                    GIVEN TO ALL PUPILS K-8.  AND I JUST WANTED TO ACKNOWLEDGE ERIN

                    MERRYN, WHO HAS GONE AROUND THE COUNTRY CAMPAIGNING FOR THIS LAW IN

                    MANY, MANY OTHER STATES, AND NEW YORK IS GOING TO JOIN MOST OF THE

                    STATES AROUND THE COUNTRY IN HAVING THIS AS OUR LAW.  AND OTHER PEOPLE

                    INCLUDING ASHER LOVY, GARY GREENBERG, STEVEN CARPINETA AND MANY

                    OTHERS STRONGLY ADVOCATED FOR THIS.  AND I JUST WANT TO ALSO

                    ACKNOWLEDGE CHANCELLOR BETTY ROSA, OUR SPEAKER CARL HEASTIE, AND I

                    ESPECIALLY WANT TO ACKNOWLEDGE THE CHAIR OF OUR EDUCATION

                    COMMITTEE, WHO WAS A CHAMPION FOR MAKING SURE THAT THIS GOT OUT OF

                    COMMITTEE AND GOT TO THE FLOOR, MIKE BENEDETTO.

                                 SO WITH THAT, I AM VOTING YES AND I URGE EVERYBODY

                    ELSE TO VOTE YES.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A03822-D, RULES

                    REPORT NO. 544, MCDONALD, GUNTHER, PICHARDO, SEAWRIGHT, GARBARINO,

                    WILLIAMS, DICKENS, LUPARDO, FAHY, D'URSO, ARROYO, MONTESANO,

                    COOK, GOTTFRIED, LAVINE, RA, SMITH, ASHBY, REYES, STIRPE, SIMON.  AN

                    ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE DELEGATION OF

                    CERTAIN PROFESSIONAL RESPONSIBILITIES FOR INSTILLING MYDRIATIC OR

                    CYCLOPLEGIC EYE DROPS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                                         327



                    NYS ASSEMBLY                                                      JUNE 20, 2019

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 546 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. A05990-A, RULES

                    REPORT NO. 546, ROZIC, ABBATE, BLAKE, CRESPO, CUSICK, LAWRENCE,

                    OTIS, MAGNARELLI, LIFTON, PAULIN, SIMON, QUART, RYAN, SEAWRIGHT,

                    MOSLEY, SCHIMMINGER, LUPARDO, HUNTER, TAYLOR, PALMESANO, CROUCH,

                    FINCH, JACOBSON, NORRIS, BUCHWALD.  AN ACT TO AMEND THE HIGHWAY

                    LAW, IN RELATION TO THE RATE PAID BY THE STATE TO A CITY FOR MAINTENANCE

                    AND REPAIR OF HIGHWAYS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  RECORD THE -- THE

                    CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         328



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06341, RULES REPORT

                    NO. 547, MANKTELOW.  AN ACT TO AUTHORIZE JASON ALLEN TO RECEIVE

                    CERTAIN SERVICE CREDIT UNDER SECTION 384-D OF THE RETIREMENT AND

                    SOCIAL SECURITY LAW.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    MANKTELOW, 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 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. A06547, RULES REPORT

                    NO. 548, STERN.  AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

                    LIMITATIONS ON AMOUNTS TO BE RAISED FOR THE REPAIR AND IMPROVEMENT OF

                    HIGHWAYS IN THE TOWN OF HUNTINGTON.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                         329



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 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. A07114, RULES REPORT

                    NO. 550, JONES, OTIS.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION

                    TO THE ATTENDANCE OF MINORS UPON FULL-DAY INSTRUCTION AND THE

                    CONDITIONS UNDER WHICH DISTRICTS ARE ENTITLED TO AN APPORTIONMENT OF

                    STATE AID; AND REPEALING CERTAIN PROVISIONS OF THE EDUCATION LAW

                    RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                    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.)

                                         330



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07265, RULES REPORT

                    NO. 551, GRIFFIN.  AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

                    LAW, IN RELATION TO AUTHORIZING CERTAIN PERSONS IN AN OPTIONAL 20-YEAR

                    RETIREMENT PLAN FOR STATE UNIVERSITY POLICE OFFICER SERVICE AND

                    REGIONAL STATE PARK POLICE

                                 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.)

                                 ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07578-A, RULES

                    REPORT NO. 552, GOTTFRIED, DINOWITZ.  AN ACT TO AMEND THE PUBLIC

                    HEALTH LAW AND THE SOCIAL SERVICES LAW, IN RELATION TO AUTOMATIC

                    ENROLLMENT AND RECERTIFICATION SIMPLIFICATION FOR MEDICAID-ELIGIBLE

                    RECIPIENTS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                         331



                    NYS ASSEMBLY                                                      JUNE 20, 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. A07592, RULES REPORT

                    NO. 553, SCHMITT, THIELE.  AN ACT TO AMEND THE TOWN LAW, IN RELATION

                    TO AUTHORIZING THE TOWN OF CHESTER, COUNTY OF ORANGE, TO ESTABLISH

                    COMMUNITY PRESERVATION FUNDS; TO AMEND THE TAX LAW, IN RELATION TO

                    AUTHORIZING THE TOWN OF CHESTER TO IMPOSE A REAL ESTATE TRANSFER TAX

                    WITH REVENUES THEREFROM TO BE DEPOSITED IN SAID COMMUNITY

                    PRESERVATION FUND; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS

                    UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    SCHMITT, 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.

                                         332



                    NYS ASSEMBLY                                                      JUNE 20, 2019


                                 THE CLERK:  ASSEMBLY NO. A07711, RULES REPORT

                    NO. 554, SALKA.  AN ACT TO AMEND THE TAX LAW, IN RELATION TO

                    AUTHORIZING THE COUNTY OF MADISON TO IMPOSE AN ADDITIONAL MORTGAGE

                    RECORDING TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE

                    EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR

                    SALKA, 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 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. A07835-A, RULES

                    REPORT NO. 555, CARROLL.  AN ACT TO DIRECT THE METROPOLITAN

                    TRANSPORTATION AUTHORITY TO EXAMINE, ASSESS AND REPORT ON POTENTIAL

                    HAZARDOUS STRUCTURES AND STORAGE AREAS UNDER THE ELEVATED TRAIN TRACKS;

                    AND THE COMMUTER NOTIFICATION SYSTEM OF SUCH AUTHORITY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                         333



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07906-A, RULES

                    REPORT NO. 556, GOTTFRIED.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO RESTRICTED CLINICAL LABORATORY LICENSES IN TOXICOLOGY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07914-A, RULES

                    REPORT NO. 557, MAGNARELLI, STIRPE, HUNTER.  AN ACT TO AMEND THE

                    EDUCATION LAW, IN RELATION TO ESTABLISHING THE SYRACUSE CITY SCHOOL

                    DISTRICT REGIONAL STEAM HIGH SCHOOL TO PROVIDE INSTRUCTION TO

                                         334



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    STUDENTS IN THE ONONDAGA, CORTLAND AND MADISON COUNTY BOCES AND

                    THE CENTRAL NEW YORK REGION IN THE AREAS OF SCIENCE, TECHNOLOGY,

                    ENGINEERING, ARTS AND MATHEMATICS (STEAM) AREAS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07920-C, RULES

                    REPORT NO. 558, ABBATE.  AN ACT TO AMEND CHAPTER 504 OF THE LAWS OF

                    2009 AMENDING THE RETIREMENT AND SOCIAL SECURITY LAW AND OTHER

                    LAWS RELATING TO ESTABLISHING POLICE AND FIRE RETIREMENT PROVISIONS, IN

                    RELATION TO A SPECIAL RETIREMENT PLAN FOR CERTAIN MEMBERS OF THE NEW

                    YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         335



                    NYS ASSEMBLY                                                      JUNE 20, 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. A08008, RULES REPORT

                    NO. 559, ABBATE, REYES.  AN ACT TO AMEND THE RETIREMENT AND SOCIAL

                    SECURITY LAW, IN RELATION TO TRANSFER OF RETIREMENT MEMBERSHIP FOR

                    CERTAIN EMPLOYEES OF SUNY WITHIN THE PROFESSIONAL, SCIENTIFIC AND

                    TECHNICAL BARGAINING UNIT.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08156, RULES REPORT

                    NO. 561, BYRNES.  AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

                    DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "NORTH

                                         336



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DANSVILLE VETERANS MEMORIAL HIGHWAY."

                                 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. A08195, RULES REPORT

                    NO. 562, THIELE.  AN ACT TO AMEND THE HIGH -- THE TOWN LAW, IN

                    RELATION TO THE PRESERVATION OF LANDS NECESSARY TO PROTECT FISHERIES AND

                    WATER-DEPENDENT USES ESSENTIAL TO MAINTAIN AND ENHANCE MARITIME

                    HERITAGE.

                                 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. A08211-A, RULES

                    REPORT NO. 563, ARROYO.  AN ACT TO ESTABLISH A COMMISSION FOR THE

                    EDUCATIONAL ADVANCEMENT OF MULTILINGUAL LEARNERS IN NEW YORK; AND

                                         337



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MRS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                    2020.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08265-A, RULES

                    REPORT NO. 564, BRABENEC.  AN ACT IN RELATION TO AUTHORIZING THE

                    YESHIVAH SHAAR EPHRAIM OF MONSEY TO FILE AN APPLICATION FOR A

                    RETROACTIVE REAL PROPERTY TAX EXEMPTION.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    BRABENEC, 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.)

                                         338



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08293, RULES REPORT

                    NO. 565, GARBARINO.  AN ACT TO VALIDATE CERTAIN ACTS OF THE ISLIP UNION

                    FREE SCHOOL DISTRICT WITH REGARD TO CERTAIN CAPITAL IMPROVEMENT

                    PROJECTS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08312, RULES REPORT

                    NO. 566, MORINELLO.  AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

                    RELATION TO PERMITTING THE GRAND ISLAND CENTRAL SCHOOL DISTRICT TO

                    ESTABLISH AN INSURANCE RESERVE FUND.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                         339



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 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. A08336-A, RULES

                    REPORT NO. 568, THIELE, HUNTER, WALCZYK.  AN ACT TO AMEND THE LOCAL

                    FINANCE LAW, IN RELATION TO ESTABLISHING AN ELECTRONIC OPEN AUCTION

                    BOND SALE PILOT PROGRAM AND PROVIDING FOR THE REPEAL OF SUCH

                    PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08338, RULES REPORT

                                         340



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NO. 569, JOYNER, GRIFFIN.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO THE MATERNAL MORTALITY REVIEW BOARD.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. JOYNER, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08341, RULES REPORT

                    NO. 571, ABBATE.  AN ACT TO AMEND THE CIVIL SERVICE LAW, THE GENERAL

                    MUNICIPAL LAW AND THE EXECUTIVE LAW, IN RELATION TO THE MINIMUM

                    QUALIFICATIONS TO SERVE AS A FIRE CHIEF IN ANY FIRE DEPARTMENT, FIRE

                    DISTRICT OR FIRE PROTECTION DISTRICT THAT EMPLOYS SIX OR MORE PAID

                    FIREFIGHTERS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                         341



                    NYS ASSEMBLY                                                      JUNE 20, 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. A08345, RULES REPORT

                    NO. 572, LAVINE.  AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

                    EXTENDING CERTAIN PROVISIONS RELATED TO MEDICAL MALPRACTICE INSURERS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    LAVINE, 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.)

                                 MR. GARBARINO TO EXPLAIN HIS VOTE.

                                 MR. GARBARINO:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  THIS WAS CREATED BACK IN THE 1980S WHEN MEDICAL

                    MALPRACTICE PROVIDERS, THERE WERE ONLY FIVE IN THE STATE.  THERE ARE

                    NOW OVER 40 IN THE STATE.  THIS WAS SUPPOSED TO BE A TEMPORARY

                    PROGRAM.  IT IS -- WE'RE NOW EXTENDING IT AGAIN, EVEN THOUGH I'VE

                    SPOKEN TO SEVERAL MEDICAL MALPRACTICE INSURE -- INSURANCE COMPANIES

                    AND THEY DON'T WANT THIS EXTENDER.  THEY THINK THERE'S ENOUGH

                                         342



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    COMPETITION.  THIS IS ACTUALLY GOING TO CREATE HIGHER RATES FOR ALL NEW

                    YORKERS BECAUSE IT DOES -- IT MESSES WITH A RESERVE BASE, PRINCIPLES OF

                    INSURANCE AND ALSO IT -- IT EXEMPTS SOME OF THESE MEDICAL MALPRACTICE

                    PROVIDE -- INSURANCE COMPANIES FROM THE INSURANCE FUND.

                                 SO I -- I -- I ENCOURAGE A NO VOTE AND I HOPE WE DON'T

                    DO THIS IN THREE YEARS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08347, RULES REPORT

                    NO. 573, LUPARDO, BARRETT, BUTTENSCHON, DILAN, EPSTEIN, GUNTHER,

                    JONES, LIFTON, MOSLEY, SANTABARBARA, STIRPE, RIVERA, WILLIAMS,

                    WOERNER, L. ROSENTHAL, BLANKENBUSH, CROUCH, FINCH, FITZPATRICK,

                    HAWLEY, B. MILLER, CRESPO, JACOBSON, MAGNARELLI, OTIS, NORRIS.  AN ACT

                    ESTABLISHING THE NEW YORK TASK FORCE ON AGRICULTURAL INVESTMENT;

                    AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    LUPARDO, 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.

                                         343



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08383, RULES REPORT

                    NO. 574, QUART, CARROLL, SEAWRIGHT, GOTTFRIED, DINOWITZ, MALLIOTAKIS,

                    L. ROSENTHAL.  AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION

                    TO EXTENDING CERTAIN PROVISIONS RELATING TO A PARTIAL TAX ABATEMENT FOR

                    RESIDENTIAL REAL PROPERTY HELD IN THE COOPERATIVE OR CONDOMINIUM FORM

                    OF OWNERSHIP IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08405, RULES REPORT

                    NO. 576, CYMBROWITZ.  AN ACT TO AMEND THE PRIVATE HOUSING FINANCE

                    LAW, IN RELATION TO INCREASING THE BONDING AUTHORITY OF THE NEW YORK

                    CITY HOUSING DEVELOPMENT CORPORATION.

                                         344



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  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 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. A00445-A, RULES

                    REPORT NO. 581, STECK, BUCHWALD, GLICK, GOTTFRIED, THIELE,

                    L. ROSENTHAL, ABINANTI, ENGLEBRIGHT, JACOBSON, D'URSO, COLTON,

                    EPSTEIN, ORTIZ, MCDONALD, SIMON, DESTEFANO, RAIA, GALEF, FERNANDEZ,

                    JAFFEE, DINOWITZ, MAGNARELLI, LUPARDO, LIFTON, MONTESANO, SCHMITT,

                    FAHY, BUTTENSCHON, WEPRIN, CARROLL.  AN ACT TO AMEND THE EXECUTIVE

                    LAW, IN RELATION TO REDUCING THE USE OF PFAS CHEMICALS IN FIREFIGHTING

                    ACTIVITIES.

                                 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.)

                                         345



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. SCHMITT TO EXPLAIN HIS VOTE.

                                 MR. SCHMITT:  THANK YOU, MR. SPEAKER.  I WANTED

                    TO COMMEND THE SPONSOR.  IN MY DISTRICT WE ARE GREATLY IMPACTED BY

                    PFOS, PFOA CONTAMINATION FROM STEWART INTERNATIONAL GUARD BASE

                    USE OF FIREFIGHTING FOAM OVER MANY YEARS.  WE ARE -- WE ARE DEALING

                    WITH THAT CURRENTLY IN MY DISTRICT AND ACROSS THE EASTERN HALF OF ORANGE

                    COUNTY.  SO I'M PROUD TO VOTE IN SUPPORT OF THIS LEGISLATION AND LOOK

                    FORWARD TO OTHER ACTIONS GOING INTO NEXT SESSION WHERE WE CAN

                    CONTINUE THE GOOD WORK OF REMEDIATING OUR AREA AND MAKING SURE NO

                    FURTHER CONTAMINATION OCCURS.

                                 THANK YOU.  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. SCHMITT IN THE

                    AFFIRMATIVE.

                                 MR. JACOBSON TO EXPLAIN HIS VOTE.

                                 MR. JACOBSON:  YES, MR. SPEAKER, TO EXPLAIN MY

                    VOTE.  AS MANY OF YOU KNOW, THE CITY OF NEWBURGH CANNOT USE ITS

                    WATER SUPPLY BECAUSE OF THE CONTAMINATION FROM PFOS AND PFOA

                    FROM FIRE FOAM AT STEWART AIRPORT AND STEWART AIR FORCE BASE

                    PREVIOUSLY BEFORE THAT.  SO THIS IS A VERY IMPORTANT BILL.  IT'S GOT A BIG

                    WRITE-UP IN THE LOCAL PAPER.  SO I'M VERY HAPPY THIS BILL IS PASSING AND

                    MAYBE IT'LL HELP US IN THE FUTURE.

                                 AND I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         346



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01329, RULES REPORT

                    NO. 582, GALEF, WALLACE.  AN ACT TO AMEND THE REAL PROPERTY TAX

                    LAW, IN RELATION TO A RESIDENTIAL REVALUATION EXEMPTION.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A01526-A, RULES

                    REPORT NO. 583, GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN, D'URSO.

                    AN ACT TO AMEND THE UNIFORM CITY COURT ACT, THE UNIFORM DISTRICT

                    COURT ACT, THE UNIFORM JUSTICE COURT ACT AND THE NEW YORK CITY

                    CIVIL COURT ACT, IN RELATION TO OBTAINING JURISDICTION OVER CERTAIN

                    DEFENDANTS.

                                 ACTING SPEAKER DENDEKKER:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01967, RULES REPORT

                    NO. 584, ZEBROWSKI, JAFFEE.  AN ACT TO AMEND THE DOMESTIC RELATIONS

                    LAW, IN RELATION TO INCLUDING ACTS OF DOMESTIC VIOLENCE IN THE CRITERIA

                    THE COURT SHALL CONSIDER IN DETERMINING THE EQUITABLE DISPOSITION OF

                                         347



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROPERTY DURING DIVORCE PROCEEDINGS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. ZEBROWSKI, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED, AND THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A02079, RULES REPORT

                    NO. 585, GUNTHER, JACOBSON, SCHMITT.  AN ACT TO AMEND THE

                    AGRICULTURE AND MARKETS LAW, IN RELATION TO APPROPRIATION AND

                    APPORTIONMENT OF MONEYS FOR THE PROMOTION OF AGRICULTURE AND

                    DOMESTIC ARTS IN THE COUNTY OF ORANGE.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MRS. GUNTHER, 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 DENDEKKER:  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. A02224, RULES REPORT

                    NO. 586, PAULIN, BUTTENSCHON, LAVINE, ENGLEBRIGHT, MCDONALD,

                    CYMBROWITZ, D'URSO, GRIFFIN, GOTTFRIED, ARROYO, DINOWITZ, JAFFEE,

                    STERN, CRUZ, ZEBROWSKI, CRESPO, BURKE, LUPARDO, COLTON, JEAN-PIERRE,

                    THIELE, COOK, DICKENS, BRABENEC, MONTESANO, SCHMITT, MCDONOUGH,

                                         348



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    GALEF, SAYEGH, SIMON, ORTIZ, HUNTER, REYES, BYRNE, RAIA, REILLY,

                    WALCZYK, SMULLEN, WRIGHT, ABINANTI, HYNDMAN, WEPRIN, JONES,

                    BUCHWALD, MIKULIN, L. ROSENTHAL.  AN ACT TO AMEND THE GENERAL

                    BUSINESS LAW, IN RELATION TO ENACTING THE "NUISANCE CALL ACT."

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER DENDEKKER:  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. A02632-B, RULES

                    REPORT NO. 587, DINOWITZ, WILLIAMS, L. ROSENTHAL, ORTIZ, SEAWRIGHT,

                    ENGLEBRIGHT, HYNDMAN, BARRON, BLAKE, GLICK, D'URSO, DICKENS,

                    RIVERA, GALEF, ARROYO, COOK, STERN, RICHARDSON.  AN ACT TO AMEND THE

                    BANKING LAW, THE UNIFORM COMMERCIAL CODE AND THE CIVIL PRACTICE

                    LAW AND RULES, IN RELATION TO REVERSE COOPERATIVE APARTMENT UNIT

                    LOANS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                                         349



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IS ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. DINOWITZ TO EXPLAIN HIS VOTE.

                                 (MEMBERS SIGH)

                                 MR. DINOWITZ:  AWW.  DO YOU KNOW WHAT I HAD TO

                    PUT WITH ALL EVENING?

                                 (LAUGHTER-APPLAUSE)

                                 SO, ANYWAY, I -- I JUST WANT TO THANK EVERYBODY FOR

                    VOTING ON THIS IMPORTANT BILL FOR THOSE OF US WHO HAVE DISTRICTS WITH

                    LOTS OF CO-OPS.  BUT THE MAIN REASON I WANTED TO GET UP IS TO READ THE

                    FOLLOWING FOUR LINES INTO THE RECORD, SO PLEASE LISTEN CAREFULLY.  THIS

                    WILL CLARIFY THE LEGISLATIVE INTENT.  REGARDING SUBDIVISION SIX OF SECTION

                    6N, THE INTENT OF THE EXCEPTION OF THE MINIMUM CAPITAL REQUIREMENTS FOR

                    SALES TO THE SECONDARY MARKET IS THAT THE DEPARTMENT OF FINANCIAL

                    SERVICES SHALL BY REGULATION DEFINE WHAT CONSTITUTES A

                    FINANCIALLY-VIABLE FINANCIAL INSTITUTION PRIOR TO THE USE OF THE EXCEPTION

                    RATHER THAN REQUIRING THE DEPARTMENT'S APPROVAL ON A SALE-BY-SALE

                    BASIS.  WOULD YOU LIKE ME TO READ THAT AGAIN IN CASE YOU DIDN'T

                    UNDERSTAND IT?

                                 MEMBERS:  NO!

                                         350



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. DINOWITZ:  OKAY.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER DENDEKKER:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A03400-A, RULES --

                    RULES REPORT NO. 588, GUNTHER.  AN ACT TO AMEND THE VEHICLE AND

                    TRAFFIC LAW, IN RELATION TO THE SOLICITATION OF DONATIONS ON STATE

                    HIGHWAYS.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A04784-C, RULES

                    REPORT NO. 589, FALL, GLICK, HYNDMAN, TAYLOR SAYEGH, CRUZ, COLTON,

                    ROMEO, M.L. MILLER, D'URSO, CUSICK, GRIFFIN, PICHARDO, STIRPE,

                    ARROYO, COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,

                    WILLIAMS, JEAN-PIERRE, MCDONALD, JAFFEE, FRONTUS, NIOU, BURKE.  AN

                    ACT TO AMEND THE DOMESTIC RELATIONS LAW AND THE FAMILY COURT ACT,

                                         351



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IN RELATION TO SEX OFFENDER'S CUSTODY OF A CHILD.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. FALL, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. FALL TO EXPLAIN HIS VOTE.

                                 MR. FALL:  THANK YOU, MR. SPEAKER.  I FIRST WANT TO

                    THANK ALL OF MY COLLEAGUES THAT COSPONSORED THIS PIECE OF LEGISLATION,

                    MY IMMEDIATE STAFF AND THE PROGRAM AND COUNSEL STAFF THAT WORKED

                    TIRELESSLY TO GET THIS BILL BEFORE US, AS WELL AS THE SENATE SPONSOR.  THIS

                    BILL IS VERY CLOSE TO ME FOR TWO REASONS:  ONE, THIS ISSUE WAS BROUGHT TO

                    MY ATTENTION BY ONE OF MY COLL -- CONSTITUENTS WHO, ALONG WITH HER

                    DAUGHTER, WAS DIRECTLY IMPACTED BY THE INTENT OF MY LEGISLATION.  AND

                    TWO, THIS WAS THE VERY FIRST PIECE OF LEGISLATION I INTRODUCED AS A

                    REPRESENTATIVE FROM THE GREAT BOROUGH OF STATEN ISLAND AND I'M HAPPY

                    THAT WE'RE ACTUALLY VOTING ON IT TODAY.  THE INTENT OF THIS LEGISLATION IS

                    TO ADDRESS AN EXISTING LOOPHOLE WHEREBY FORMER PERPETRATORS OF ABUSE

                    WHO ARE RELATED TO AND MAY COME INTO CONTACT WITH A REGISTERED

                    OFFENDER AND MAY GAIN ACCESS TO HIS OR HER ABUSER.  IN THIS CASE, THE

                    GRANDFATHER WAS CONVICTED OF ABUSE, SERVED TIME, AND POST-SUPERVISION

                                         352



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CONDUCTED AN INAPPROPRIATE ACT TOWARD HIS GRANDDAUGHTER.  FROM THAT

                    INCIDENT IT WAS CLEAR THAT ADDITIONAL STEPS AND GUIDELINES ARE NECESSARY

                    TO LIMIT CONTACT AND RESTRICT CUSTODY WHEN A PERSON RELATED TO SUCH A

                    SEX OFFENDER HAS REGULAR CONTACT AND MAY HAVE ACCESS TO A CHILD.  THE

                    MORAL OF THIS LEGISLATION IS THAT NOTHING CAN BE DEEMED MORE IMPORTANT

                    THAN THE SAFETY AND WELFARE OF OUR CHILDREN AND SETTING FORTH THAT

                    RESPONSIBILITY.  THIS LEGISLATION TAKES THE NECESSARY STEPS TO HELP

                    MINIMIZE CONTACT BETWEEN VULNERABLE CHILDREN AND PERSONS WHO POSE

                    SIGNIFICANT RISKS TO THEIR SAFETY.  THERE MUST BE A COLLABORATIVE EFFORT

                    FROM OUR COURTS, WELFARE AGENCIES AND LAW ENFORCEMENT TO PREVENT, AT

                    ALL COSTS, REPEAT OFFENSES TO MINORS.  THIRTEEN STATES INCLUDING ARIZONA,

                    CALIFORNIA AND OKLAHOMA HAVE PASSED SIMILAR LEGISLATION TO PROTECT

                    CHILDREN FROM BEING RE-EXPOSED TO SEXUAL ASSAULT AND MISCONDUCT

                    OFFENDERS.  THIS BILL WILL BE ALSO KNOWN AS "MARIE'S LAW" IN HONOR OF

                    THE VICTIM.

                                 I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MR. FALL IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05035-B, RULES

                    REPORT NO. 591, FAHY, MCDONALD, ENGLEBRIGHT, STECK, BURKE, GRIFFIN.

                    AN ACT TO REQUIRE THE OFFICE OF PARKS, RECREATION AND HISTORIC

                    PRESERVATION TO CREATE A PLAN REGARDING NON-MOTORIZED MULTI-USE TRAILS.

                                         353



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. FAHY, 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 DENDEKKER:  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. A05605-B, RULES

                    REPORT NO. 592, WEINSTEIN, DINOWITZ, GUNTHER, ENGLEBRIGHT, WEPRIN,

                    ARROYO, NOLAN, DENDEKKER, L. ROSENTHAL.  AN ACT TO AMEND THE CIVIL

                    RIGHTS LAW AND THE ARTS AND CULTURAL AFFAIRS LAW, IN RELATION TO THE

                    RIGHT OF PRIVACY AND RIGHT OF PUBLICITY; AND TO AMEND THE CIVIL PRACTICE

                    LAW AND RULES, IN RELATION TO THE TIMELINESS OF COMMENCEMENT OF AN

                    ACTION FOR VIOLATION OF THE RIGHT OF PUBLICITY.

                                 ACTING SPEAKER DENDEKKER:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06658-C, RULES

                    REPORT NO. 593, WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,

                    GUNTHER, JEAN-PIERRE, SIMON, JAFFEE, GALEF, HYNDMAN, SOLAGES,

                    DAVILA, BUTTENSCHON, SEAWRIGHT, DICKENS, GLICK, MCMAHON,

                    M.L. MILLER, NIOU, BLAKE, SIMOTAS, QUART, D'URSO, CUSICK, ASHBY,

                                         354



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO, GIGLIO,

                    CROUCH, BLANKENBUSH, STEC, LAWRENCE, MANKTELOW, HAWLEY, FINCH,

                    GOODELL, BYRNE, DIPIETRO, MORINELLO, ROZIC, ARROYO, LUPARDO, ROMEO,

                    RAYNOR, WRIGHT, WALKER, HEVESI, COOK, WALLACE, WEPRIN,

                    L. ROSENTHAL, MCDONALD.  AN ACT TO AMEND THE DOMESTIC RELATIONS

                    LAW AND THE FAMILY COURT ACT, IN RELATION TO ESTABLISHING A LIVING

                    ALLOWANCE FOR ADULTS WITH DEVELOPMENTAL DISABILITIES.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WOERNER TO EXPLAIN HER VOTE.

                                 MS. WOERNER:  THANK YOU, MR. SPEAKER.  I JUST

                    WANT TO RISE TO SAY THANK YOU TO ASSEMBLYMEMBER WALSH WHO REALLY

                    WAS A STRONG PARTNER IN THIS ENDEAVOR.  THE IDEA FOR THIS LEGISLATION

                    CAME OUT OF A RETREAT THAT THE BIPARTISAN WOMEN'S CAUCUS HAD TWO

                    SUMMERS AGO, AND A CONVERSATION ABOUT THINGS THAT WE COULD DO TO

                    HELP FAMILIES.  AND THIS IDEA TO REALLY HELP FAMILIES -- THE CUSTODIAL

                    PARENT WHO HAS -- WHOSE -- WHOSE CHILD GRADUATES FROM HIGH SCHOOL

                    AND DOESN'T HAVE SERVICES ANYMORE TO HELP WITH FINANCIAL SUPPORT FOR

                    THESE CHILDREN CAME FROM A FRIEND OF MARY BETH'S AND A CONSTITUENT OF

                    MINE.  SO THANK YOU TO EILEEN HOFF, WHO -- WHO INSPIRED US AND TO

                    MARY BETH FOR HER GREAT PARTNERSHIP IN THIS.

                                         355



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THANK YOU SO MUCH.  AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MS. WOERNER

                    IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06683-B, RULES

                    REPORT NO. 594, CRESPO, GOTTFRIED, GRIFFIN.  AN ACT TO AMEND THE TAX

                    LAW, IN RELATION TO A TELEVISION WRITERS' AND DIRECTORS' FEES AND SALARIES

                    CREDIT.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. CRESPO, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED, AND THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06780-A, RULES

                    REPORT NO. 595, B. MILLER, MORINELLO, DESTEFANO.  AN ACT TO AUTHORIZE

                    CURT MCDERMOTT TO TAKE THE COMPETITIVE CIVIL SERVICE EXAMINATION AND

                    BE PLACED ON THE ELIGIBILITY LIST FOR APPOINTMENT AS A FULL-TIME POLICE

                    OFFICER WITH THE TOWN OF SHAWANGUNK.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. MILLER, 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.

                                         356



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06909-B, RULES

                    REPORT NO. 596, WEINSTEIN, JAFFEE, COLTON, GALEF, ABINANTI,

                    ZEBROWSKI, O'DONNELL, FAHY, PEOPLES-STOKES, L. ROSENTHAL,

                    M.G. MILLER, DINOWITZ, SEAWRIGHT, GLICK, WEPRIN, MOSLEY, TAYLOR,

                    BARRON, REYES, ORTIZ.  AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

                    RULES AND THE JUDICIARY LAW, IN RELATION TO CONSUMER CREDIT

                    TRANSACTIONS.

                                 ACTING SPEAKER DENDEKKER:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06968-A, RULES

                    REPORT NO. 597, BENEDETTO, MCDONALD, HEVESI, SAYEGH, MOSLEY,

                    BARRON, BLAKE, REYES, D'URSO, JAFFEE, SIMON, GOTTFRIED, L. ROSENTHAL,

                    CRUZ, BUCHWALD, RAYNOR, HYNDMAN, DESTEFANO, MONTESANO,

                    MCDONOUGH, ASHBY, MORINELLO, GRIFFIN.  AN ACT TO AMEND THE PUBLIC

                    HEALTH LAW, IN RELATION TO REQUIRING INFORMATION ON CONCUSSIONS TO BE

                    PROVIDED TO ALL PARENTS OF CHILDREN PLAYING TACKLE FOOTBALL.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. BENEDETTO, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED.

                                 READ THE LAST SECTION.

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

                                         357



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DAY.

                                 ACTING SPEAKER DENDEKKER:  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. A06979, RULES REPORT

                    NO. 598, STEC.  AN ACT TO AUTHORIZE JAIME LACZKO TO ELECT TO PARTICIPATE

                    IN THE OPTIONAL 25-YEAR RETIREMENT PLAN FOR FOREST RANGERS IN THE SERVICE

                    OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

                                 ACTING SPEAKER DENDEKKER:  FISCAL NOTE --

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A07058-A, RULES

                    REPORT NO. 599, DINOWITZ, WRIGHT.  AN ACT TO AMEND THE REAL PROPERTY

                    ACTIONS AND PROCEEDINGS LAW, IN RELATION TO ESTABLISHING THE UNIFORM

                    PARTITION OF HEIRS PROPERTY ACT.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                                         358



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BY MR. DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED, AND THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07414, RULES REPORT

                    NO. 600, RYAN.  AN ACT GRANTING RETROACTIVE MEMBERSHIP IN THE NEW

                    YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM TO ADAM

                    MARKEL.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. RYAN, 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 DENDEKKER:  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. A07552, RULES REPORT

                    NO. 601, THIELE, WOERNER, D'URSO, RAYNOR, NORRIS.  AN ACT TO AMEND

                    THE GENERAL MUNICIPAL LAW, IN RELATION TO THE MAXIMUM CONTRIBUTION

                    FOR CERTAIN SERVICE AWARD PROGRAMS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. THIELE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                         359



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A07559-A, RULES

                    REPORT NO. 602, FAHY.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO DIRECTING A STUDY ON THE FEASIBILITY OF ADJUSTING THE

                    COMPULSORY ATTENDANCE AGE OF MINORS ATTENDING FULL-TIME INSTRUCTION.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. FAHY, 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 DENDEKKER:  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. A07939, RULES REPORT

                    NO. 604, JAFFEE.  AN ACT TO AMEND THE FAMILY COURT ACT, IN RELATION TO

                    ADJUSTMENT OF JUVENILE DELINQUENCY CASES BY LOCAL DEPARTMENTS OF

                                         360



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROBATION IN THE FAMILY COURT.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. JAFFEE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER DENDEKKER:  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. A07944, RULES REPORT

                    NO. 605, WEPRIN, COLTON, BLAKE.  AN ACT TO AMEND THE CORRECTION

                    LAW, IN RELATION TO THE DESIGNATION OF A SUBSTITUTE JAIL FOR

                    PROGRAMMATIC PURPOSES.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. WEPRIN, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         361



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08006-A, RULES

                    REPORT NO. 606, BYRNES.  AN ACT TO AMEND THE TAX LAW, IN RELATION TO

                    AUTHORIZING THE COUNTY OF LIVINGSTON TO IMPOSE AN ADDITIONAL

                    MORTGAGE RECORDING TAX; AND PROVIDING FOR THE REPEAL OF SUCH

                    PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. BYRNES, 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 DENDEKKER:  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. A08013-A, RULES

                    REPORT NO. 607, ASHBY.  AN ACT TO AMEND THE HIGHWAY LAW, IN

                    RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

                    "ROGER J. MAZAL MEMORIAL BRIDGE."

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. ASHBY, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                                         362



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A08060-A, RULES

                    REPORT NO. 608, JAFFEE.  AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

                    RELATION TO THE STANDARD OF PROOF FOR UNFOUNDED AND INDICATED REPORTS

                    OF ABUSE OR MALTREATMENT AND THE ADMISSIBILITY OF REPORTS OF CHILD

                    ABUSE AND MALTREATMENT; AND TO AMEND THE SOCIAL SERVICES LAW AND

                    THE FAMILY COURT ACT, IN RELATION TO THE ADMINISTRATION OF THE

                    STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. JAFFEE, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WALSH TO EXPLAIN HER VOTE.

                                         363



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  I -- I VOTED

                    THE NEGATIVE ON THIS BILL ONLY BECAUSE I JUST DON'T THINK THAT THE CURRENT

                    SYSTEM NEEDS TO BE REFORMED.  I THINK IT'S WORKING FINE THE WAY IT IS.

                                 THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. WALSH IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08082, RULES REPORT

                    NO. 609, DE LA ROSA, M.G. MILLER, SIMOTAS, WEPRIN, DICKENS,

                    L. ROSENTHAL, BARRON, GOTTFRIED, BRAUNSTEIN, CRUZ, RAYNOR, FRONTUS,

                    STERN, ORTIZ, CARROLL, DENDEKKER, PICHARDO, REYES, RIVERA, HEVESI,

                    BARNWELL, PERRY, NIOU.  AN ACT TO AMEND THE REAL PROPERTY TAX LAW,

                    IN RELATION TO WAGES AND SUPPLEMENTS FOR BUILDING SERVICE EMPLOYEES

                    EMPLOYED AT CERTAIN PROPERTIES HELD IN THE COOPERATIVE OR

                    CONDOMINIUM FORM OF OWNERSHIP RECEIVING A TAX ABATEMENT.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. DE LA ROSA, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         364



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

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

                    BILL REQUIRES PRIVATE EMPLOYEES OCCUPY -- WORKING IN -- REQUIRES

                    PRIVATE EMPLOYEES WORKING AS BUILDING SERVICE EMPLOYEES IN THE CITY

                    OF NEW YORK TO BE PAID PREVAILING WAGES.  THE REQUIREMENT FOR

                    PREVAILING WAGES IS ALWAYS APPLIED ONLY ON MUNICIPAL WORK, AND THAT'S

                    BECAUSE IT'S A CONSTITUTIONAL REQUIREMENT.  IT IS NOT A CONSTITUTIONAL

                    REQUIREMENT THAT THE STATE IMPOSE PREVAILING WAGES IN THE PRIVATE

                    SECTOR, NOR SHOULD IT.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER DENDEKKER:  MR. GOODELL IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08083-A, RULES

                    REPORT NO. 610, NIOU, DINOWITZ, SIMOTAS, WEPRIN, REYES, BARRON,

                    CARROLL, ORTIZ, RAYNOR, CRUZ, PICHARDO, L. ROSENTHAL, PERRY, DE LA

                    ROSA.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ENSURING THAT

                    UTILITY EMPLOYEES RECEIVE THE PREVAILING WAGE.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. NIOU, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08145, RULES REPORT

                    NO. 611, BRABENEC.  AN ACT IN RELATION TO AUTHORIZING BAIS TRANY OF

                                         365



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MONSEY, INC. TO FILE AN APPLICATION FOR CERTAIN REAL PROPERTY TAX

                    EXEMPTIONS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. BRABENEC, 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 DENDEKKER:  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. A08160, RULES REPORT

                    NO. 612, SIMOTAS, O'DONNELL, BLAKE, QUART.  AN ACT TO AMEND THE

                    CRIMINAL PROCEDURE LAW, IN RELATION TO THE DETERMINATION OF YOUTHFUL

                    OFFENDER STATUS.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         366



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08299, RULES REPORT

                    NO. 613, GOTTFRIED.  AN ACT TO AMEND THE HUDSON RIVER PARK ACT, IN

                    RELATION TO DEFENSE AND INDEMNIFICATION OBLIGATIONS RELATING TO THE

                    ROUTE 9A BIKEWAY/GREENWAY ADJACENT TO THE HUDSON RIVER PARK.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. GOTTFRIED, 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 DENDEKKER:  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. A08318, RULES REPORT

                    NO. 614, CARROLL, DINOWITZ.  AN ACT TO AMEND THE CIVIL PRACTICE LAW

                    AND RULES, IN RELATION TO THE STATUTE OF LIMITATIONS FOR CERTAIN CRIMES

                    RELATED TO FRAUDULENT PRACTICES IN RESPECT TO STOCKS, BONDS AND OTHER

                    SECURITIES.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. CARROLL, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08351, RULES REPORT

                                         367



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NO. 615, GLICK.  AN ACT TO AMEND THE HUDSON RIVER PARK ACT, IN

                    RELATION TO DEVELOPMENT OR REDEVELOPMENT OF PIER 40 IN THE HUDSON

                    RIVER PARK.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. GLICK, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. GOTTFRIED TO EXPLAIN HIS VOTE.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.  MY

                    PROBLEM WITH THIS BILL IS THAT PIER 40, LIKE OTHER SITES WITHIN THE

                    HUDSON RIVER PARK THAT ARE -- UNDERGO NON-PARK DEVELOPMENT, ARE ALL

                    COUNTED ON TO CONTRIBUTE THEIR FAIR SHARE TO THE MAINTENANCE AND

                    DEVELOPMENT OF THE PARK.  AND I BELIEVE THIS BILL TOO SEVERELY RESTRICTS

                    WHAT CAN BE DONE ON PIER 40 TO THE EXTENT THAT IT WILL DEPRIVE THE REST

                    OF THE PARK OF A -- OF AN ADEQUATE AMOUNT OF REVENUE WHICH WILL

                    SIGNIFICANTLY IMPAIR THOSE OTHER SEGMENTS OF THE PARK.  AND THE

                    REPRESENTATIVES OF THOSE OTHER SEGMENTS, SUCH AS MYSELF AND MS.

                    ROSENTHAL, DID NOT HAVE AN OPPORTUNITY TO PARTICIPATE IN THE

                    DEVELOPMENT OF THIS LEGISLATION.

                                 AND, THEREFORE, I MUST VOTE IN THE NEGATIVE.

                                 ACTING SPEAKER DENDEKKER:  MR. GOTTFRIED

                                         368



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    IN THE NEGATIVE.

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  BRIEFLY, I

                    WILL -- JUST WANT TO THANK THE CONGRESS MEMBER, THE BOROUGH

                    PRESIDENT, THE SPEAKER OF THE CITY COUNCIL AND MY TWO COLLEAGUES IN

                    THE SENATE, ALL OF WHOM REPRESENT THE PIER 40 AREA, AND THE OTHER

                    REPRESENTATIVES REPRESENT MUCH OF THE OTHER PART OF THE PARK.  WE

                    WORKED FOR A PERIOD OF SIX MONTHS.  I WANT TO THANK THE STAFFS THAT

                    WORKED DILIGENTLY WITH WEEKLY MEETINGS INFORMING THE COMMUNITY

                    BOARD, THE ADVISORY BOARD OF OUR PROGRESS.  AND WE BELIEVE THAT

                    WE'VE CRAFTED A REASONABLE MEASURE THAT WILL CREATE A TREMENDOUS

                    AMOUNT OF DEVELOPMENT IN THE PARK FOR OFFICE SPACE AS OPPOSED TO PARK

                    SPACE.  BUT THAT IS TO ENSURE THAT THEY CAN FUND THE ENTIRE PARK.

                                 SO I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MS. GLICK IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08424, RULES REPORT

                    NO. 617, SIMOTAS.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

                    INCREASED PROTECTIONS FOR PROTECTED CLASSES AND SPECIAL PROTECTIONS FOR

                    EMPLOYEES WHO HAVE BEEN SEXUALLY HARASSED; AND TO AMEND A CHAPTER

                    OF THE LAWS OF 2019, AMENDING THE EXECUTIVE LAW RELATING TO

                                         369



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    INCREASED PROTECTIONS FOR PROTECTED CLASSES AND SPECIAL PROTECTIONS FOR

                    EMPLOYEES WHO HAVE BEEN SEXUALLY HARASSED, AS PROPOSED IN

                    LEGISLATIVE BILLS NUMBERS A.8421 AND S.6577, IN RELATION TO THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00590-A, RULES

                    REPORT NO. 618, L. ROSENTHAL, STIRPE.  AN ACT TO AMEND THE MENTAL

                    HYGIENE LAW, IN RELATION TO ESTABLISHING THE PROBLEM GAMBLING

                    ADVISORY COUNCIL.

                                 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.)

                                         370



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A02404, RULES REPORT

                    NO. 619, FAHY, SCHIMMINGER, STIRPE, MAGNARELLI, WALLACE, BRONSON,

                    JONES, GIGLIO, DINOWITZ, HUNTER, SANTABARBARA, BENEDETTO, D'URSO,

                    GRIFFIN, BUTTENSCHON.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION

                    TO THE NEW YORK STATE MASTERS-IN-EDUCATION TEACHER INCENTIVE

                    SCHOLARSHIP PROGRAM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    FAHY, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.

                    READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04406-B, RULES

                    REPORT NO. 620, LENTOL, MCDONALD.  AN ACT TO AMEND THE TAX LAW,

                    THE INSURANCE LAW AND THE EXECUTIVE LAW, IN RELATION TO ENACTING THE

                    RESIDENTIAL STRUCTURE FIRE PREVENTION ACT OF 2019.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                                         371



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05874-A, RULES

                    REPORT NO. 621, CUSICK, BARRON, COOK, CROUCH, D'URSO, JEAN-PIERRE,

                    B. MILLER, PICHARDO, RA, SEAWRIGHT, TAYLOR, THIELE, ARROYO, LAVINE,

                    BLAKE, WOERNER, BUCHWALD.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC

                    LAW AND STATE FINANCE LAW, IN RELATION TO ESTABLISHING A PRE-LICENSING

                    COURSE INTERNET PROGRAM; AND PROVIDING FOR THE REPEAL OF SUCH

                    PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JUNE 30TH,

                    2020.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         372



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06157, RULES REPORT

                    NO. 622, TITUS, PEOPLES-STOKES, COLTON, L. ROSENTHAL, COOK, LIFTON,

                    SIMON, BLAKE, JAFFEE, PICHARDO, M.G. MILLER, GOTTFRIED, PERRY, BARRON,

                    HEVESI, LUPARDO, DIPIETRO, RAIA, REYES, SANTABARBARA, HUNTER,

                    JACOBSON, ORTIZ, ASHBY, DESTEFANO, RAYNOR, CRUZ.  AN ACT TO AMEND

                    THE LABOR LAW, IN RELATION TO DEVELOPING AND IMPLEMENTING PROGRAMS

                    TO PREVENT WORKPLACE VIOLENCE IN PUBLIC SCHOOLS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    TITUS, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.

                    THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06540, RULES REPORT

                    NO. 623, OTIS, WALLACE, BUCHWALD, MCDONALD.  AN ACT TO AMEND THE

                    EDUCATION LAW, IN RELATION TO ALLOWING POLLING PLACES FOR SCHOOL

                    ELECTIONS IN CITY SCHOOL DISTRICTS OF CITIES WITH LESS THAN 125,000

                    INHABITANTS TO OPEN AT 6:00 A.M.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    OTIS, 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.)

                                         373



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06977, RULES REPORT

                    NO. 624, RYAN.  AN ACT IN RELATION TO GRANTING -- GRANTING WILLIAM J.

                    COOLEY ADDITIONAL SERVICE CREDIT WITH THE NEW YORK STATE AND LOCAL

                    POLICE AND FIRE RETIREMENT SYSTEM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    RYAN, 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 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. A06998, RULES REPORT

                    NO. 625, BURKE.  AN ACT TO AUTHORIZE PATRICK HUMISTON TO RECEIVE

                    CERTAIN SERVICE CREDIT UNDER SECTION 384-D OF THE RETIREMENT AND

                    SOCIAL SECURITY LAW.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                         374



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 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. A07544, RULES REPORT

                    NO. 626, STIRPE, MCDONALD, MCMAHON, STECK.  AN ACT TO AMEND THE

                    GENERAL MUNICIPAL LAW, IN RELATION TO INCLUDING LAKES IN ADOPT-A-

                    MUNICIPAL PARK SHORELINE OR ROADWAY PROGRAMS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07710, RULES REPORT

                    NO. 628, GRIFFIN, SOLAGES, BRAUNSTEIN, O'DONNELL, COOK, WILLIAMS,

                    ORTIZ, D'URSO, HYNDMAN, TITUS, RA.  AN ACT TO DIRECT THE DEPARTMENT

                    OF ENVIRONMENTAL CONSERVATION, WITH THE ASSISTANCE OF THE DEPARTMENT

                    OF TRANSPORTATION, TO CONDUCT A STUDY ON THE ENVIRONMENTAL AND HUMAN

                    HEALTH IMPACTS OF JOHN F. KENNEDY INTERNATIONAL AIRPORT AND

                    LAGUARDIA AIRPORT.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         375



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. GRIFFIN TO EXPLAIN HER VOTE.

                                 MS. GRIFFIN:  THANK YOU, MR. SPEAKER, FOR LETTING

                    ME EXPLAIN MY VOTE.  THIS BILL REQUIRES THE NEW YORK STATE

                    DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE

                    DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF AIRPLANE NOISE,

                    POLLUTION AT JFK AND LAGUARDIA AIRPORTS AND THE EFFECTS OF THE ACTUAL

                    IMPACTED AREA.  THE STUDY WILL DESCRIBE THE ENVIRONMENTAL NOISE AND

                    HUMAN HEALTH IMPACTS OF RUNWAY AND AIR TRAFFIC.  PREVIOUS STUDIES HAVE

                    BEEN PERFORMED BY THE PORT AUTHORITY OF YORK AND NEW JERSEY.  IN THE

                    21ST AD, OF ONE OF THESE PREVIOUS -- ONE OF THOSE PREVIOUS STUDIES

                    REVIEWED WURTSBORO, CEDARHURST AND VALLEY STREAM, BUT DID NOT

                    INCLUDE AREAS IN MY DISTRICT THAT ARE SEVERELY IMPACTED BY THIS NOISE,

                    WHICH ARE MALVERNE, LYNBROOK, ROCKVILLE CENTER AND WEST

                    HEMPSTEAD.  ANOTHER ISSUE WITH PREVIOUS DATA IS THE PRACTICE OF

                    AVERAGING THE DECIBEL LEVELS OF PLANES DURING A GIVEN TIME PERIOD.

                    THESE AVERAGES DO NOT ACCURATELY REFLECT THE DISRUPTIVE AND DEAFENING

                    NOISE EACH PLANE CAN MAKE ON AN INDIVIDUAL FLIGHT AVERAGING MASKS THE

                    TRUE IMPACT ON HUMANS.  FOR FAR TOO LONG MY CONSTITUENTS HAVE

                    CONTINUED TO EXPERIENCE A DIMINISHED QUALITY OF LIFE FROM THE

                    EXCESSIVE DAILY NOISE ON AIR TRAFFIC ABOVE THEIR HOMES.  THIS NUISANCE

                    HAS CONTINUED UNABATED FOR DECADES.  WHILE AIR TRAFFIC IS PRIMARILY A

                    FEDERAL JURISDICTION, THIS STATE STUDY WILL SCIENTIFICALLY VALIDATE WHAT

                                         376



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    RESIDENTS ALREADY KNOW:  THE NOISE IS EXCESSIVE, HARMFUL TO HUMANS

                    AND NEEDS TO BE BETTER REGULATED AND MITIGATED.  ALTHOUGH WE WILL

                    ALWAYS ENDURE A LEVEL OF AIRPLANE NOISE, THIS STUDY WILL ILLUSTRATE THAT

                    MANY RESIDENTS ARE FACED WITH EXCESSIVE NOISE WAY ABOVE THE

                    ACCEPTABLE LEVEL.

                                 I THANK MY COLLEAGUES FOR PASSING THIS BILL, AND I LOOK

                    FORWARD TO THE GOVERNOR SIGNING IT INTO LAW.  THANK YOU FOR LETTING ME

                    EXPLAIN MY VOTE.

                                 ACTING SPEAKER AUBRY:  MS. GRIFFIN IN THE

                    AFFIRMATIVE.

                                 MS. SOLAGES.

                                 MS. SOLAGES:  I'D LIKE TO JUST COMMEND THE

                    SPONSOR ON THIS BILL.  YOU KNOW, THE AIRPLANES ARE GETTING HEAVIER,

                    THEY'RE GETTING LOUDER AND THEY'RE COMING CLOSER TO OUR HOMES.  AND SO

                    AS A REPRESENTATIVE OF THE -- OF A COMMUNITY OUTSIDE OF JFK -- ONE OF

                    THE COMMUNITIES OUTSIDE OF JFK, WE REALLY NEED TO KNOW WHAT THE

                    EFFECTS OF THESE PLANES AND THE NOISE AND THE POLLUTION FROM THESE

                    PLANES DO TO OUR COMMUNITIES.  SO WE HOPE THAT THE GOVERNOR SIGNS

                    THIS BILL BECAUSE WE NEED TO KNOW.  THE ASTHMA RATES IN OUR AREA ARE SO

                    HIGH, THE PLANE NOISE IS A NUISANCE.  EVERY THREE MINUTES YOU HEAR THE

                    PLANES COMING.  AND SO, YOU KNOW, WE NEED RELIEF.  AND SO HOPEFULLY

                    THIS BILL CAN PROVIDE US WITH RELIEF.  AND, ONCE AGAIN, I'D LIKE TO THANK

                    ALL MY COLLEAGUES WHO HAVE STOOD BY US, AND ALSO CONGRATULATE THE

                    SPONSOR FOR GETTING THIS THROUGH SO QUICKLY BECAUSE WE HAVE -- WE

                    CANNOT WAIT.  WE NEED TO KNOW THE ANSWERS NOW.

                                         377



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  MR. BRAUNSTEIN TO

                    EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  I WANT TO THANK THE SPONSOR FOR PASSING THIS

                    LEGISLATION.  MY DISTRICT IN NORTHEAST QUEENS SUFFERS FROM AIRPLANE

                    NOISE FROM LAGUARDIA AIRPORT.  THEY CHANGED THE DEPARTURE

                    PROCEDURES FROM LAGUARDIA AIRPORT IN 2012.  AND LIKE MANY OF MY

                    COLLEAGUES IN THIS HOUSE, AT SOME TIMES MY DISTRICT SUFFERS ONE PLANE

                    EVERY MINUTE FROM 6:00 O'CLOCK IN THE MORNING TILL MIDNIGHT.  IT'S

                    GOTTEN SO BAD THAT I HAVE A TWO-YEAR-OLD SON AND A THREE-YEAR-OLD SON,

                    AND I'VE HAD TO BUY A NOISE MACHINE FOR THEIR ROOM BECAUSE I HAVE

                    CONCERNS ABOUT THE NOISE IMPACT THAT THESE AIRPLANES ARE HAVING ON

                    THEIR HEALTH.  SO IT'S IMPORTANT FOR US TO GET A STUDY TO UNDERSTAND WHAT

                    THE HEALTH CONSEQUENCES ARE FROM THIS INCREASED AIRPLANE NOISE, AND I

                    LOOK FORWARD TO THE GOVERNOR SIGNING THIS LEGISLATION SO WE CAN GET A

                    HANDLE ON WHAT IS ACTUALLY GOING ON IN OUR COMMUNITY.

                                 I VOTE YES.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. BRAUNSTEIN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08057, RULES REPORT

                    NO. 629, OTIS.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

                    RELATION TO AUTHORIZING THE ISSUANCE OF NUMBER PLATES TO MANUFACTURERS

                                         378



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OF MOTOR VEHICLES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    OTIS, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED


                                 THE CLERK:  ASSEMBLY NO. A08139, RULES REPORT

                    NO. 630, RYAN.  AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

                    RELATION TO PERMITTING THE FRONTIER CENTRAL SCHOOL DISTRICT TO ESTABLISH

                    AN INSURANCE RESERVE FUND.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    RYAN, 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.

                                         379



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08278-C, RULES

                    REPORT NO. 631, WEPRIN, COLTON, RA, BARRON.  AN ACT TO AMEND THE

                    RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO DISABILITY

                    RETIREMENT BENEFITS FOR CERTAIN PARTICIPANTS IN WORLD TRADE CENTER

                    RESCUE, RECOVERY OR CLEANUP OPERATIONS.

                                 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.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. WEPRIN TO EXPLAIN HIS VOTE.

                                 MR. WEPRIN:  THANK YOU -- THANK YOU, MR.

                    SPEAKER.  THIS ISSUE WAS CALLED TO MY ATTENTION BY A CONSTITUENT OF

                    MINE IN EASTERN QUEENS, ARTIE SAGAN.  ARTIE WAS A DHCR EMPLOYEE

                    DURING 9/11, AND HE WAS ASSIGNED TO SURVEY BATTERY PARK CITY AND TO

                    PARTICIPATE IN THE CLEANUP AT BATTERY PARK CITY.  BUT BECAUSE ARTIE WAS

                    NOT A UNIFORMED RESPONDER AT 9/11, HE FELL INTO A GAP OF STATE

                    EMPLOYEES THAT WERE NOT ENTITLED TO THREE-QUARTER DISABILITY.  THIS BILL

                    CORRECTS THAT INEQUITY WHICH AFFECTS A SMALL NUMBER OF INDIVIDUALS, BUT

                    A SIGNIFICANT NUMBER.  ARTIE SUFFERED FROM LUNG CANCER, HAD HIS THYROID

                                         380



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    REMOVED.  HE'S A MEMBER OF DC 37 AND HE HAS BEEN FIGHTING FOR THIS

                    LEGISLATION FOR A NUMBER OF YEARS.

                                 I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08340, RULES REPORT

                    NO. 632, MCMAHON.  AN ACT TO AUTHORIZE THE TOWN OF AMHERST,

                    COUNTY OF ERIE, TO ALIENATE AND DISCONTINUE THE USE OF CERTAIN

                    PARKLANDS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    MCMAHON, 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 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. A08344, RULES REPORT

                    NO. 633, WRIGHT, DINOWITZ.  AN ACT TO AMEND THE FAMILY COURT ACT

                                         381



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND THE DOMESTIC RELATIONS LAW, IN RELATION TO ESTABLISHMENT AND

                    MODIFICATION OF CHILD SUPPORT ORDERS; AND TO AMEND THE SOCIAL SERVICES

                    LAW, IN RELATION TO AN INCREASE IN THE ANNUAL SERVICE FEE FOR CHILD

                    SUPPORT SERVICES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    WRIGHT, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL -- 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.

                                 ON BEHALF OF MR. STECK, BILL NO. 445-A, MOTION TO

                    RECONSIDER -- THE CLERK WILL READ THE TITLE OF THE BILL.

                                 THE CLERK:  AN ACT TO AMEND THE EXECUTIVE LAW.

                                 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.

                                         382



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ON -- ON A MOTION BY MR. STECK, THE SENATE BILL IS

                    BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.

                                 (PAUSE)

                                 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.

                                 (PAUSE)

                                 THE ROLL CALL WILL BE WITHDRAWN UNTIL WE HAVE

                    MANAGED SOME COMPUTER PROBLEMS.  THANK YOU.

                                 YOU'VE BEEN WORKING THIS MACHINE MIGHTY HARD, GUYS.

                                 (PAUSE)

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, WHILE WE RESOLVE THE

                    TECHNICAL ISSUES CAN YOU PLEASE CALL ON MR. OTIS?

                                 ACTING SPEAKER AUBRY:  MR. OTIS INFORMS US

                    THAT THERE WILL BE A DEMOCRATIC CONFERENCE IN THE SPEAKER'S

                    CONFERENCE ROOM.

                                 MR. RAMOS:  CAN YOU PLEASE CALL ON MR. CROUCH AT

                    THIS TIME?

                                 ACTING SPEAKER AUBRY:  MR. CROUCH.

                                 MR. CROUCH:  YES.  THANK YOU, MR. SPEAKER.

                                         383



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THERE'S GOING TO BE AN IMMEDIATE REPUBLICAN CONFERENCE IN THE

                    PARLOR.

                                 ACTING SPEAKER AUBRY:  REP -- IMMEDIATE

                    REPUBLICAN CONFERENCE IN THE PARLOR.

                                 MR. RAMOS.

                                 MR. RAMOS:  WE NOW STAND IN RECESS UNTIL THE

                    CONCLUSION OF RESPECTIVE CONFERENCES.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY WILL

                    STAND AT RECESS.

                                 (WHEREUPON, AT 1:21 A.M., THE ASSEMBLY STOOD IN

                    RECESS.)



                                                  *     *     *     *     *

                    A F T E R     T H E     R E C E S S                                    2:19 A.M.



                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, WE'RE GOING TO START WITH

                    RULES REPORT NO. 622, PAGE 37, TITUS.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06157, RULES REPORT

                    NO. 622, TITUS, PEOPLES-STOKES, COLTON, L. ROSENTHAL, COOK, LIFTON,

                    SIMON, BLAKE, JAFFEE, PICHARDO, M.G. MILLER, GOTTFRIED, PERRY, BARRON,

                    HEVESI, LUPARDO, DIPIETRO, RAIA, REYES, SANTABARBARA, HUNTER,

                                         384



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    JACOBSON, ORTIZ, ASHBY, DESTEFANO, RAYNOR, CRUZ.  AN ACT TO AMEND

                    THE LABOR LAW, IN RELATION TO DEVELOPING AND IMPLEMENTING PROGRAMS

                    TO PREVENT WORKPLACE VIOLENCE IN PUBLIC SCHOOLS.

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 28, RULES REPORT NO. 581, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00445-A, RULES

                    REPORT NO. 581, STECK, BUCHWALD, GLICK, GOTTFRIED, THIELE, L.

                    ROSENTHAL, ABINANTI, ENGLEBRIGHT, JACOBSON, D'URSO, COLTON, EPSTEIN,

                    ORTIZ, MCDONALD, SIMON, DESTEFANO, RAIA, GALEF, FERNANDEZ, JAFFEE,

                    DINOWITZ, MAGNARELLI, LUPARDO, LIFTON, MONTESANO, SCHMITT, FAHY,

                    BUTTENSCHON, WEPRIN, CARROLL.  AN ACT TO AMEND THE EXECUTIVE LAW, IN

                    RELATION TO REDUCING THE USE OF PFAS CHEMICALS IN FIREFIGHTING

                    ACTIVITIES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

                                         385



                    NYS ASSEMBLY                                                      JUNE 20, 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.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, CAN WE CALL RULES

                    REPORT NO. 614, PAGE 35, CARROLL?

                                 ACTING SPEAKER AUBRY:  PAGE 35, RULES

                    REPORT NO. 614, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08318, RULES REPORT

                    NO. 614, CARROLL, DINOWITZ.  AN ACT TO AMEND THE CIVIL PRACTICE LAW

                    AND RULES, IN RELATION TO THE STATUTE OF LIMITATIONS FOR CERTAIN CRIMES

                    RELATED TO FRAUDULENT PRACTICES IN RESPECT TO STOCKS, BONDS AND OTHER

                    SECURITIES.

                                 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.

                                 MR. RAMOS.

                                         386



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. RAMOS:  MR. SPEAKER, CAN WE NOW CALL UP

                    RULES REPORT NO. 610, PAGE 34, NIOU, AND CALENDAR NO. 516, PAGE 63,

                    WEPRIN.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08083-A, RULES

                    REPORT NO. 610, NIOU, DINOWITZ, SIMOTAS, WEPRIN, REYES, BARRON,

                    CARROLL, ORTIZ, RAYNOR, CRUZ, PICHARDO, L. ROSENTHAL, PERRY, DE LA

                    ROSA.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ENSURING THAT

                    UTILITY EMPLOYEES RECEIVE THE PREVAILING WAGE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 OH, THANK YOU, SIR.

                                 AN EXPLANATION IS REQUESTED, MS. NIOU.

                                 SHH.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER.  CURRENT LAW

                    EXCLUDES PUBLIC UTILITY SERVICES, INCLUDING ELECTRIC, LIGHT AND POWER,

                    WATER, STEAM AND GAS FROM THE DEFINITION OF BUILDING SERVICE WORK

                    PERFORMED BY BUILDING SERVICE EMPLOYEES UNDER THE NEW YORK STATE

                    LABOR LAW.  THIS BILL WOULD REMOVE THIS EXEMPTION BY REQUIRING

                    PRIVATELY-OWNED PUBLIC UTILITY COMPANIES REGULATED BY THE PUBLIC

                    SERVICE COMMISSION PURSUANT TO A FRANCHISE GRANTED UNDER THE NEW

                    YORK STATE PUBLIC SERVICE LAW TO PAY PREVAILING WAGE TO BUILDING

                    SERVICE EMPLOYEES PERFORMING WORK IN CONNECTION WITH THE CARE AND

                    MAINTENANCE OF THE FACILITIES USED IN THE GENERATION OR DISTRIBUTION OF

                    GAS, ELECTRICITY AND STEAM BY SUCH COMPANIES.

                                 THIS PROPOSAL WOULD ENSURE THAT THE STANDARD SET IN

                                         387



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ARTICLE 9 OF THE NEW YORK STATE LABOR LAW CONTINUE TO PROMOTE THE

                    PUBLIC POLICY THAT WORKERS WHO PERFORM BUILDING SERVICE WORK FOR

                    ENTITIES PROVIDING PUBLIC SERVICES RECEIVE THE PREVAILING WAGE, THUS

                    MAINTAINING WORKER STANDARDS AND BRINGING MONEY DIRECTLY INTO

                    LOW-INCOME COMMUNITIES ACROSS THE STATE.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  YES, MR. SPEAKER, WILL THE

                    SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?

                                 ACTING SPEAKER AUBRY:  MS. NIOU, WILL YOU

                    YIELD?

                                 MS. NIOU:  YES, SIR.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. PALMESANO:  THANK YOU, MS. NIOU.  I HAVE

                    SOME QUESTIONS ON THIS LEGISLATION.  FIRST ONE IS A POINT OF CLARIFICATION,

                    IF YOU COULD.  I KNOW THERE ARE SOME QUESTIONS RELATIVE TO THIS ONE

                    ASPECT, ARE -- IT'S MY UNDERSTANDING THAT RURAL COOPERATIVES WOULD BE

                    EXEMPT FROM THIS BILL BECAUSE THEY ARE NOT REGULATED BY PSC; IS THAT

                    CORRECT?

                                 MS. NIOU:  THAT IS CORRECT.

                                 MR. PALMESANO:  OKAY, GREAT, THANK YOU.  MY

                    SECOND QUESTION IS RIGHT NOW UNDER CURRENT LAW, PREVAILING WAGE IS

                    PAID WHEN STATE FUNDS ARE PROVIDED TO AN ENTITY FOR LIKE A DEVELOPMENT

                    PROJECT OR SOMETHING OF THAT SORT; IS THAT NOT CORRECT?

                                 MS. NIOU:  THAT IS CORRECT.

                                 MR. PALMESANO:  NOW, A UTILITY IS AN

                                         388



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    INVEST-TO-OWN COMPANY, IT'S A PRIVATE COMPANY THAT'S NOT RECEIVING ANY

                    STATE-OWNED FUNDS.  AND SO, HOW CAN WE IMPOSE A PREVAILING WAGE

                    MANDATE ON A PRIVATE BUSINESS THAT'S NOT RECEIVING ANY STATE-OWNED

                    FUNDS -- STATE FUNDS?

                                 MS. NIOU:  SO RIGHT NOW, EVERY SINGLE ONE OF THESE

                    COMPANIES GETS MONOPOLY RIGHTS, AND THAT RESTRICTS ACCESS BY POTENTIAL

                    -- RESTRICTS ACCESS BY POTENTIAL COMPETITORS AND PROVIDES A GUARANTEED

                    RETURN ON INVESTMENT WITH NO WORKER STANDARDS ATTACHED.

                    PRIVATELY-OWNED UTILITY COMPANIES ARE FRANCHISED BY THE STATE, AND THAT

                    PROVIDES -- TO PROVIDE SERVICES TO THE PUBLIC AT CERTAIN RATES IN

                    EXCHANGE FOR A RETURN ON INVESTMENT, AND THEY OPERATE AS MONOPOLIES

                    AND ARE REGULATED BY THE PUBLIC SERVICE COMMISSION.

                                 MR. PALMESANO:  WITH REGARD TO THAT, I KNOW YOU

                    MENTIONED ABOUT BECAUSE THEY HAVE FRANCHISE RIGHTS, PERSONALLY I THINK

                    THAT'S KIND OF A STRETCH BECAUSE THESE BUSINESSES, THESE UTILITIES PAY A

                    SUBSTANTIAL AMOUNT IN PROPERTY TAXES, THEY'RE PAYING, THEY'RE A PRIVATE

                    BUSINESS.  BUT ALSO, THESE UTILITY RATES AND THEIR RETURN ON INVESTMENT IS

                    SPECIFICALLY REGULATED BY THE PUBLIC SERVICE COMMISSION SO TO -- I

                    THINK THERE'S REALLY NO PARALLEL BETWEEN THE UTILITY MOTTO AND THE GRANT

                    OF A SIGNIFICANT PUBLIC BENEFIT LIKE A DEVELOPER.  SO, THAT'S WHERE I HAVE

                    SOME QUESTIONS, BECAUSE IT'S SPECIFICALLY REGULATED.  THE RATE OF RETURN

                    IS REGULATED, IT'S NOT LIKE THEY CAN JUST DO WHAT THEY WANT, IT'S REGULATED,

                    IT'S CONTROLLED.  SO, IT'S NOT GETTING ANY PUBLIC TAXPAYER SUBSIDY, IT'S

                    MANDATED; WHAT THEY CAN RECEIVE IS DICTATED BY THE PUBLIC SERVICE

                    COMMISSION.  SO, THEY'RE NOT RECEIVING ANY FUNDS -- PUBLIC FUNDS.  SO,

                                         389



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAT KIND OF RUNS INTO SOME CHALLENGES, I THINK, FROM A FEDERAL

                    PERSPECTIVE, TOO, BECAUSE AGAIN, YOU'RE PUTTING -- THIS -- THIS IS A

                    DANGEROUS PRECEDENT BECAUSE YOU'RE PUTTING A MANDATE ON A PRIVATE

                    COMPANY.

                                 SO, THAT'S -- THAT'S MY QUESTION.  ISN'T THAT WHAT THIS IS?

                    BECAUSE, AGAIN, WHEN IT'S PRIVATELY REGULATED -- WHEN IT'S REGULATED BY

                    THE PUBLIC SERVICE COMMISSION, THEY'RE PAYING PROPERTY TAXES, THEY'RE

                    PAYING TAXES, BUT THEY'RE NOT MAKING THE RATES WHATEVER THEY WANT TO

                    DO BECAUSE IT'S BEING REGULATED.  SO THERE'S NO -- THERE'S NO SUBSIDY

                    THAT'S COMING FROM THE STATE FOR THEM TO OPERATE.

                                 MS. NIOU:  WELL, PRIVATELY-OWNED UTILITY COMPANIES

                    ARE GUARANTEED THESE PROFITS AND MONOPOLY STATUS ALLOWS COMPANIES

                    LIKE CON EDISON TO EARN A PROFIT OF $1.32 BILLION, FOR EXAMPLE, IN 2018.

                    THIS PROPOSAL WOULD JUST BASICALLY ENSURE THAT THE STANDARDS SET IN

                    ARTICLE 9 OF THE NEW YORK STATE LABOR LAW CONTINUE TO PROMOTE THE

                    PUBLIC POLICY THAT WORKERS WHO PERFORM BUILDING SERVICE WORK FOR

                    ENTITIES PROVIDING PUBLIC SERVICES, WHICH THEY DO, RECEIVE THE

                    PREVAILING WAGE, THUS MAINTAINING WORKER STANDARDS, AND IT BRINGS

                    MONEY DIRECTLY INTO OUR COMMUNITIES.

                                 MR. PALMESANO:  SO BASICALLY WE'RE CREATING A --

                    A -- A PREVAILING WAGE BENEFIT FOR ONE CLASS OF WORKERS FOR ONE INDUSTRY

                    IN THE CITY OF NEW YORK.

                                 MS. NIOU:  IT'S ACTUALLY ONE CLASS OF WORKERS.  IT'S

                    BASICALLY PROVIDING THE SAME BENEFITS FOR ALL BUILDING SERVICE WORKERS.

                                 MR. PALMESANO:  I KNOW -- I KNOW A LOT'S BEEN

                                         390



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DISCUSSED -- EARLIER WE TALKED ABOUT A CONSUMER ADVOCATE TO REPRESENT

                    RATEPAYERS, AND AREN'T YOU CONCERNED ABOUT THE IMPACT THIS IS GOING TO

                    HAVE ON THE RATEPAYERS AND THE CONSUMERS IN NEW YORK STATE RELATIVE

                    TO THIS ISSUE?  BECAUSE THIS IS SOMETHING THAT IS CERTAINLY GOING TO BE

                    BORNE BY THE RATEPAYER, AND I THINK SOME ESTIMATES ARE SAYING THIS IS

                    GOING TO COST CON EDISON ANYWHERE FROM $15- TO $20 MILLION.  THAT'S A

                    SPECIFIC PASS-THROUGH THAT'S GOING TO GET PUT ON THE RATEPAYER OR THE

                    CUSTOMER.  THAT'S GOING TO BE SIGNIFICANT INCREASE TO THEIR RATES, IS IT

                    NOT?

                                 MS. NIOU:  WELL, SO -- IT'S FUNNY BECAUSE, I MEAN, IF

                    THEY DO -- FIRST OFF, THEY MAKE A TON OF MONEY.  THEY MAKE BILLIONS.

                    THEY MAKE, YOU KNOW, LIKE I WAS SAYING $1.32 BILLION JUST IN 2018.

                    BUT IF THEY DO HAPPEN TO PASS ON THE COSTS AND, YOU KNOW, AND THE

                    PUBLIC SERVICE COMMISSION ACTUALLY APPROVES IT, THEN NEW YORK STATE

                    RESIDENTIAL CUSTOMERS PAY AN AVERAGE OF 18.03 CENTS PER KILOWATT HOUR.

                    FOR EXAMPLE, IN NEW YORK CITY, IF THE COST OF THE PREVAILING WAGE BILL

                    IS PASSED ONTO CONSUMERS, THE IMPACT WOULD ACTUALLY BE NEGLIGIBLE.

                    CUSTOMERS WOULD PAY ONLY TWO-HUNDREDTH OF A CENT MORE PER KILOWATT

                    HOUR.  ASSUMING THE AVERAGE HOUSEHOLD IN NEW YORK STATE USES

                    APPROXIMATELY 572 KILOWATT HOURS PER MONTH, THIS WOULD LITERALLY

                    RESULT IN AN INCREASE OF 12 CENTS PER MONTHLY BILL, AND/OR $1.44 -- $1.44

                    PER YEAR.

                                 MR. PALMESANO:  SO YOU'RE SAYING -- BUT YOU SAID

                    NEW YORK STATE AND THIS IS GOING TO BE SPECIFICALLY IN NEW YORK CITY

                    RELATIVE TO THE IMPACT OF THIS BILL.  SO, THOSE NUMBERS ARE FOR NEW YORK

                                         391



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CITY, OR THOSE ARE FOR NEW YORK STATE?  BECAUSE THAT WOULD BE A

                    DIFFERENCE.

                                 MS. NIOU:  WELL, I WAS JUST USING NEW YORK CITY AS

                    AN EXAMPLE --

                                 MR. PALMESANO:  OKAY.

                                 MS. NIOU:  -- BECAUSE, YOU KNOW, WE HAVE A CERTAIN

                    RATE THAT'S A LITTLE BIT HIGHER SO IT WOULD GIVE YOU A LITTLE BIT MORE EASE

                    OF MIND.

                                 MR. PALMESANO:  SURE.

                                 MS. NIOU:  BUT I'M SAYING THAT IN NEW YORK STATE,

                    RESIDENTIAL CUSTOMERS PAY AN AVERAGE OF 18.03 CENTS PER KILOWATT HOUR.

                                 MR. PALMESANO:  AND PLUS, MS. NIOU, YOU

                    UNDERSTAND RIGHT NOW, THE RATEPAYERS ALREADY ARE PAYING A SIGNIFICANT

                    NUMBER OF DIFFERENT TAXES, FEES AND ASSESSMENTS FOR THE CLEAN ENERGY

                    FUND, THE RENEWABLE PORTFOLIO STANDARDS, REFORMING ENERGY VISION; THE

                    BILL WE PASSED LAST NIGHT WAS READILY ADMITTED IT'S GOING TO COST BILLIONS

                    OF DOLLARS EACH YEAR THAT'S GOING TO BE BORNE BY THE CONSUMER, BY THE

                    RATEPAYER.  NOW, THIS IS SOMETHING ELSE THAT'S GOING TO ADD ADDITIONAL

                    COSTS ONTO THE RATEPAYERS IN NEW YORK CITY AND THIS -- ARE YOU NOT

                    CONCERNED ABOUT THE RATEPAYER?

                                 MS. NIOU:  ALL RATES HAVE TO BE APPROVED BY THE

                    PUBLIC SERVICE COMMISSION.

                                 MR. PALMESANO:  ALL RIGHT.  THANK YOU, MS.

                    NIOU, FOR YOUR TIME.

                                 MR. SPEAKER, ON THE BILL.

                                         392



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. SPEAKER, AND MY COLLEAGUES, I UNDERSTAND THE

                    INTENTION BEHIND THIS LEGISLATION, BUT I -- I PERSONALLY BELIEVE THIS IS

                    SERIOUSLY FLAWED LEGISLATION.  FIRST, YOU'RE CREATING A PREVAILING WAGE

                    BENEFIT FOR ONE CLASS OF EMPLOYEES WORKING UNDER ONE INDUSTRY.  SOME

                    ESTIMATES THAT IT'S GOING TO COST $15- TO $20 MILLION MORE PER YEAR,

                    WHICH WILL BE BORNE BY THE RATEPAYER.  IN -- AND UNDER NEW YORK STATE

                    LAW, PREVAILING WAGE BENEFITS ARE PAID TO A COMPANY -- TO AN

                    ORGANIZATION THAT IS RECEIVING STATE TAXPAYER DOLLARS, STATE DOLLARS, TO --

                    FOR THEIR OPERATION, LIKE A PRIVATE DEVELOPMENT THAT'S DOING AN

                    ECONOMIC DEVELOPMENT PROBLEM.  THEY'RE RECEIVING STATE DOLLARS, YES,

                    THEY PAY PREVAILING WAGE.  IT IS NOT MEANT TO BE IMPOSED ON A PRIVATE

                    COMPANY, CON EDISON AND ALL OUR INDIVIDUAL UTILITIES ARE PRIVATE

                    BUSINESSES, STOCK-OWNED BUSINESSES.  IT'S NOT MEANT TO MANDATE A WAGE

                    BENEFIT ON THESE BUSINESSES.  I THINK IT'S GOING TO POSE SOME SERIOUS

                    PROBLEMS FROM -- FROM A LEGAL PERSPECTIVE, ESPECIALLY WITH FEDERAL

                    LAW.  AND ALREADY, RETAIL RATES AND RETURNS ON INVESTMENTS ARE ALREADY

                    REGULATED BY THE PSC, SO THERE'S NO BENEFIT TO -- THESE UTILITIES ARE

                    GETTING.

                                 THE SECOND BIG PROBLEM IN THIS ISSUE, AS WELL, IS THE

                    FACT THAT THIS IS SIGNIFICANTLY GOING TO RESULT IN HIGHER COSTS FOR OUR

                    UTILITIES.  IF IT'S HIGHER COSTS FOR OUR UTILITIES, MY COLLEAGUES, IT'S HIGHER

                    COSTS FOR YOUR RATEPAYERS THAT ARE PAYING THAT BILL.  AND THE FACT OF THE

                    MATTER IS RIGHT NOW, THEY'RE ALREADY PAYING HIGHER UTILITY COSTS BECAUSE

                    OF THE CLEAN ENERGY STANDARD, THE CLEAN ENERGY FUND, THE RENEWABLE

                    PORTFOLIO STANDARD, THE REFORMING ENERGY VISION.  HIGHER FEES, TAXES

                                         393



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND ASSESSMENT, YOUR RATEPAYERS ARE ALREADY PAYING.  THE BILL WE

                    PASSED LAST NIGHT, AS MUCH AS YOU LIKE THAT BILL, MAKE NO DOUBT ABOUT IT,

                    YOUR RATEPAYERS ARE GOING TO BE PAYING HIGHER, MUCH HIGHER UTILITY

                    COSTS.  THE ONE ESTIMATE I WAS GOING TO SAY WAS GOING TO COST $8.7

                    BILLION PER YEAR JUST TO COMPLY WITH THE RENEWABLE ENERGY TARGETS.

                                 IF YOU'RE INCREASING COSTS TO THE UTILITIES, WE KNOW IT'S

                    GOING TO INCREASE COSTS TO THE RATEPAYERS, BUT YOU BETTER BE READY --

                    ALSO READY, IT'S GOING TO RESULT IN FEWER JOBS BECAUSE OF THE COST

                    IMPOSED, BECAUSE WE CAN'T PASS ON THAT COST THROUGH YOUR RATES, THEY

                    HAVE TO CUT THEIR COSTS WHICH MEANS PEOPLE, JOBS, EMPLOYERS ARE GOING

                    TO GET LAID OFF, EMPLOYEES IN THE CITY, YOUR RESIDENTS ARE GOING TO GET

                    LAID OFF.  SO, YOUR RESIDENTS ARE GOING TO GET HIT TWICE.  YOU'RE GOING TO

                    HAVE FEWER JOBS AND THEY'RE GOING TO HAVE HIGHER UTILITY BILLS BECAUSE

                    OF A MANDATE THAT YOU'RE PUTTING ON A PRIVATE COMPANY, WHICH YOU

                    SHOULD NOT BE DOING, WHICH IS NOT ALLOWED UNDER NEW YORK STATE LAW

                    BECAUSE THEY'RE NOT GETTING A PUBLIC SUBSIDY.

                                 THIS IS A DANGEROUS BILL.  THIS IS A DANGEROUS

                    PRECEDENT.  IT SHOULD NOT GO THROUGH, BECAUSE IF YOU VOTE FOR THIS BILL,

                    YOU'RE VOTING FOR HIGHER UTILITY COSTS FOR YOUR -- YOUR RESIDENTS, YOUR

                    RATEPAYERS, AND YOU'RE ALSO VOTING FOR JOBS TO BE LOST BECAUSE, AGAIN, IF

                    YOU CAN'T INCREASE RATES, THEY'RE GOING TO CUT COSTS.  THE BEST WAY TO CUT

                    COSTS IS TO LAY OFF EMPLOYEES.  AND IT'S ALREADY BEEN ESTIMATED THIS IS

                    GOING TO COST CON EDISON AND THE UTILITIES $15- TO $20 MILLION A YEAR.

                    THAT'S NOT JUST SOME LITTLE DOLLARS, LADIES AND GENTLEMAN.  THOSE ARE

                    GOING TO BE JOBS -- THAT'S GOING TO RESULT IN LOST JOBS AND HIGHER UTILITY

                                         394



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BILLS.  MR. SPEAKER, MY COLLEAGUES, FOR THAT REASON, I'M GOING TO BE

                    VOTING IN THE NEGATIVE AND I REALLY URGE MY COLLEAGUES TO DO THE SAME

                    THING, BECAUSE THIS IS NOT A GOOD BILL.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE ON THE 120TH DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. GARBARINO TO EXPLAIN HIS VOTE.

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

                    LETTING ME -- FOR ALLOWING ME TO EXPLAIN MY VOTE.  I HAVE GRAVE

                    CONCERNS ABOUT THIS LEGISLATION.  IT SPECIFICALLY TARGETS A PRIVATE --

                    PRIVATE COMPANIES IN SPECIFIC REGION OF THE STATE, AND ONLY TARGETS

                    SPECIFIC EMPLOYEES OF THAT -- OF THAT COMPANY.  PREVIOUS BILLS LIKE THIS

                    -- PREVIOUS LEGISLATION LIKE THIS HAS BEEN DETERMINED -- HAS BEEN

                    DEEMED UNCONSTITUTIONAL BECAUSE OF THERE'S, YOU KNOW, THERE'S NO,

                    UNDER THE EQUAL PROTECTION CLAUSE, WHEN THERE IS NO RATIONAL BASIS --

                    NO RATIONAL BASIS HAS BEEN SPOKEN ABOUT TONIGHT AS TO WHY THIS IS

                    NECESSARY.  I HAVE GRAVE CONCERNS THAT THIS IS GOING TO ALSO INCREASE

                    RATES FOR CONSUMERS IN THE -- IN THE CITY OF NEW YORK AND FOR THOSE

                    REASONS, I ENCOURAGE MY COLLEAGUES TO VOTE IN THE NEGATIVE, AND I WILL

                    BE DOING THE SAME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GARBARINO IN THE

                                         395



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NEGATIVE.

                                 MS. NIOU.

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

                    ME TO EXPLAIN MY VOTE.  I ACTUALLY MET THE -- A COUPLE OF THE GENTLEMEN

                    WHO WORKED IN -- IN LOWER MANHATTAN AND -- AND THEY HAD WORKED FOR

                    CON EDISON FOR ALMOST 20 YEARS AS CONTRACT WORKERS.  AND THEY WERE --

                    THEY WERE VERY DEDICATED EMPLOYEES.  THEIR TAGS THAT THEY WORE AROUND

                    THEIR NECK PROUDLY SAID CON EDISON ON THEM.  AND -- AND THEY HAD

                    NEVER GOTTEN BENEFITS IN ALL THE YEARS THAT THEY WERE WORKING THERE.

                                 INCREASING THE WAGES FOR SERVICE WORKERS TO

                    PREVAILING RATES IN NEW YORK CITY AND HUDSON VALLEY WOULD COST ONLY

                    $13 MILLION.  THIS WOULD REPRESENT JUST OVER ONE-TENTH OF 1 PERCENT OF

                    CON EDISON'S, YOU KNOW, GIGANTIC $12.337 BILLION REVENUE IN 2018.

                    FURTHERMORE, THIS ESTIMATE WOULD REPRESENT LESS THAN 1 PERCENT OF CON

                    EDISON'S 2018 NET INCOME OF $1.382 BILLION.

                                 AS I SAID BEFORE, $1.44 -- $1.44 IS ALL IT WOULD COST A

                    PERSON TO HAVE THE PEACE OF MIND KNOWING THAT THESE FOLKS ARE GETTING

                    THEIR BENEFITS AND BEING ABLE TO GET PAID A LIVING WAGE.  I THINK IT'S

                    WORTH IT.  I PERSONALLY HAVE AN ELECTRIC BILL, HAVE A GAS BILL, AND I WOULD

                    GLADLY PAY THE SAME AMOUNT THAT ANYBODY ELSE WOULD PAY TO MAKE SURE

                    THAT THESE FOLKS HAVE BENEFITS.  IT IS NOT EVEN ENOUGH TO BUY A CUP OF

                    COFFEE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. NIOU IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                         396



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05254-C, CALENDAR

                    NO. 516, WEPRIN, ROZIC, WRIGHT, PERRY, D. ROSENTHAL.  AN ACT TO

                    AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION

                    TO REPAIR OR REPLACEMENT OF DAMAGED RESIDENTIAL LATERAL SEWER AND

                    WATER PIPES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MR. WEPRIN.

                                 MR. WEPRIN:  THANK YOU.  THIS BILL ADDS TWO

                    SECTIONS TO THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN

                    RELATION TO REPAIR OR REPLACEMENT OF DAMAGED RESIDENTIAL LATERAL SEWER

                    AND WATER PIPES.  THIS BILL WOULD IN CASES WHERE THEY ARE AT LEAST THREE

                    PROPERTIES WITHIN A RADIUS OF 750 FEET TO HAVE BEEN ISSUED A THREE-DAY

                    NOTICE TO REPAIR A DAMAGED RESIDENTIAL LATERAL WATER PIPE.  IT DIRECTS THE

                    CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONDUCT A STUDY

                    DETERMINING THE CAUSE OF SUCH LEAK, AND IN THE CASES WHERE IT IS

                    DETERMINED THAT A PUBLIC UTILITY, AS DEFINED BY SECTION 2 OF THE PUBLIC

                    SERVICE LAW, HAS CAUSED SIGNIFICANT DAMAGE TO SUCH RESIDENTIAL LATERAL

                    SEWER PIPES, SUCH PUBLIC UTILITY COMPANY SHALL BE RESPONSIBLE FOR THE

                    REPAIR OR REPLACEMENT OF SUCH PIPE, AS WELL AS THE COST OF THE

                    INVESTIGATION.

                                 THIS BILL WAS INTRODUCED AS A RESULT OF A WATER LEAK IN

                    MY ASSEMBLY DISTRICT THAT AFFECTED OVER 30 HOMES ON A SINGLE STREET

                                         397



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND REQUIRED EACH HOMEOWNER TO SHELL OUT TENS OF THOUSANDS OF DOLLARS

                    IN REPAIR COSTS WHEN THEIR HOMES WERE FLOODED AS A RESULT OF A LEAK.  I

                    UNDERSTAND THAT THIS HAS ALSO HAPPENED IN BROOKLYN.  IN MY DISTRICT, THE

                    PROBLEM WAS CAUSED BY STRAY VOLTAGE, WHICH OCCURRED AFTER A PUBLIC

                    UTILITY HAD CONDUCTED EXPANSIVE WORK IN THE AREA, AND A DEP

                    INVESTIGATION INDICATED THAT IT WAS A PRIVATE UTILITY, VERIZON, WHO WAS

                    THE SOURCE OF THE DAMAGES; YET, DESPITE THIS EVIDENCE, VERIZON DID NOT

                    TAKE CORRECTIVE ACTION TO EITHER REPAIR THE LEAK OR REIMBURSE THE

                    HOMEOWNERS FOR THE REPAIR COSTS, FORCING RESIDENTS TO HIRE PRIVATE

                    ATTORNEYS IN AN ATTEMPT TO RECOUP THE COSTS.  AND THEN AFTER MONTHS OF

                    DELAY AND THE INTRODUCTION OF THIS BILL, WHICH VERIZON HAS ADMITTED TO

                    US, FORCED THEM TO CONTACT THE HOMEOWNERS.  IN AN ATTEMPT TO STAVE OFF

                    THIS LEGISLATION, VERIZON SET UP A CLAIM SERVICE TO EVALUATE CLAIMS OF

                    DAMAGE WHILE NOT TECHNICALLY ADMITTING LIABILITY.  HOWEVER, IN ORDER TO

                    RECEIVE A SETTLEMENT, VERIZON IS FORCING HOMEOWNERS TO SIGN A RELEASE

                    OF ALL CLAIMS OF FUTURE DAMAGE AGAINST THE COMPANY.

                                 THIS IS UNACCEPTABLE.  PRIVATE UTILITY COMPANIES LIKE

                    VERIZON CANNOT GO AROUND DAMAGING PEOPLE'S HOMES AND LEAVING THEM

                    WITH THE COST FOR CLEANUP.  RESIDENTS, HOMEOWNERS IN NEW YORK CITY

                    DO NOT HAVE THE SAME ACCESS, LEVEL OF EXPERTISE, TIME OR FINANCIAL

                    EQUITY TO RECOVER DAMAGES AS A LARGE PUBLIC UTILITY LIKE VERIZON, AND

                    THIS BILL WOULD ENSURE THAT PUBLIC -- PUBLIC UTILITY COMPANIES ARE HELD

                    RESPONSIBLE IN CASES WHERE IT HAS BEEN DETERMINED THAT THEY ARE THE

                    CAUSE OF THE DAMAGE.

                                 ACTING SPEAKER AUBRY:  MR. RA.

                                         398



                    NYS ASSEMBLY                                                      JUNE 20, 2019

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN, WILL YOU

                    YIELD?

                                 MR. WEPRIN:  YES, I WILL.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN YIELDS.

                                 MR. RA:  THANK YOU, MR. WEPRIN.  SO, I'M JUST GOING

                    TO START WITH THAT PIECE YOU TALKED ABOUT WITH THE THREE HOMES BEING

                    DAMAGED; THAT'S AN AMENDMENT THAT WAS ADDED AFTER WE CONSIDERED THIS

                    IN THE CODES COMMITTEE, CORRECT?

                                 MR. WEPRIN:  YES, IT HAS.

                                 MR. RA:  OKAY.  SO YOU TALKED ABOUT THIS PROCESS

                    AND GOING INTO THE DEP.  NOW, YOU -- YOU MENTIONED THE -- THE

                    HOMEOWNERS WITHIN YOUR DISTRICT WHO WERE IMPACTED BY AN EVENT

                    SIMILAR TO WHAT THIS WOULD COVER, BUT MY -- MY QUESTION IS SO CURRENTLY

                    WHEN SOMETHING LIKE THIS HAPPENS, THE OPPORTUNITY TO ADDRESS THE ISSUE

                    FALLS ON EACH INDIVIDUAL HOMEOWNER FILING, I GUESS, A COURT ACTION; IS

                    THAT CORRECT?

                                 MR. WEPRIN:  EACH HOMEOWNER WAS TOLD BY DEP

                    THAT THEY HAD TO LAY IT OUT THEMSELVES OR ELSE THEIR WATER WOULD BE

                    TURNED OFF.

                                 MR. RA:  OKAY.  AND THE QUESTION REALLY I THINK

                    COMES TO WELL, REALLY A FEW ISSUES, BUT DOES THE DEP HAVE THE

                    EXPERTISE TO INVESTIGATE AND DETERMINE WHO WAS AT FAULT HERE?  YOU

                    KNOW, BECAUSE THIS IS A CHANGE AND IT'S SOMETHING THAT WOULD BE

                                         399



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    UNIQUE TO THESE ENTITIES, YOU KNOW, IF -- IF A SITUATION OCCURS WHERE SAY

                    A PRIVATE CONTRACTOR OF SOME TYPE OR -- OR MAYBE THE CITY OF NEW YORK

                    IS DIGGING FOR SOME REASON.  THIS WOULDN'T APPLY TO THEM, IT JUST

                    APPLIES TO UTILITIES, CORRECT?

                                 MR. WEPRIN:  YES, CORRECT.

                                 MR. RA:  SO, IS -- IS THERE -- DOES THE DEP HAVE SOME

                    EXPERTISE TO BE ABLE TO INVESTIGATE AND DETERMINE WHO IS RESPONSIBLE

                    FOR THIS LEAK?

                                 MR. WEPRIN:  THEY DO, AND THEY DID IN THIS

                    PARTICULAR CASE AFTER AN EXTENSIVE INVESTIGATION MADE THE DETERMINATION

                    WHO WAS -- WHO WAS AT FAULT.

                                 MR. RA:  SO IF THEY DO CURRENTLY AND THEY DID, WHY IS

                    THIS LEGISLATION NECESSARY?

                                 MR. WEPRIN:  THE LEGISLATION IS NECESSARY BECAUSE

                    IN THIS CASE, VERIZON STILL DOES NOT ADMIT LIABILITY AND THEY HAVE MADE

                    NO ATTEMPT BEFORE THIS LEGISLATION TO REIMBURSE HOMEOWNERS OR SETTLE

                    WITH THE HOMEOWNERS.  THEY NOW ALL OF A SUDDEN AT THE ELEVENTH HOUR

                    DECIDED TO TRY TO SETTLE WITH THE HOMEOWNERS ONCE THIS LEGISLATION WAS

                    MOVING THROUGH THE PROCESS.

                                 MR. RA:  OKAY.  AND SO -- SO THEN WHY NOT, YOU

                    KNOW, IF THIS IS SOMETHING THAT HAPPENS, AND YOU MENTIONED AT LEAST

                    TWO DIFFERENT INSTANCES, WHY NOT MAKE THIS MORE WIDESPREAD?  IF

                    THEY'RE THE ONES THAT HAVE THE EXPERTISE, YOU KNOW, WHY NOT INCLUDE THE

                    CITY OF NEW YORK OR -- OR OTHER CONTRACTORS?

                                 MR. WEPRIN:  WELL, THIS IS THE START.  IN THIS

                                         400



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PARTICULAR CASE, IT WAS CLEAR AFTER AN EXTENSIVE INVESTIGATION THAT IT WAS

                    VERIZON WAS THE ONLY ENTITY WORKING ON THAT PARTICULAR STREET.  AND, BY

                    THE WAY, IT'S ONLY ONE SIDE OF THE STREET.  IT'S A -- IT'S A STREET IN THE

                    MIDDLE OF MY DISTRICT, BUT - 188TH STREET IN FRESH MEADOWS - BUT IT'S

                    ONLY ONE SIDE OF THE STREET IN ABOUT A FOUR-BLOCK RADIUS.

                                 MR. RA:  OKAY.  I -- I -- I THINK -- I THINK THE CONCERN

                    THAT HAS BEEN RAISED BY, YOU KNOW, VERIZON AND OTHER ENTITIES, AS WELL,

                    WHETHER -- HAVE RAISED A CONCERN THAT THIS DOES KIND OF CHANGE A

                    PROCESS THEY WOULD NORMALLY GO THROUGH, WHICH WOULD BE WITHIN THE

                    JUDICIARY, TO GO AND SEEK -- A HOMEOWNER COULD GO SEEK THE

                    OPPORTUNITY TO HOLD THEM RESPONSIBLE AND, YOU KNOW, HAVE THE

                    OPPORTUNITY, BOTH SIDES OBVIOUSLY WOULD HAVE TO PRESENT FACTS FORWARD

                    AND DETERMINE WHO IS AT FAULT.

                                 BUT I WANT TO ASK, TOO, ABOUT WHAT IS THE DUTY OF CARE

                    THAT IS SET FORTH HERE?  YOU KNOW, WE -- I THINK WE ALL KNOW WHETHER

                    IT'S IN NEW YORK CITY OR ON LONG ISLAND OR ANYWHERE IN THE STATE

                    THERE'S A LOT OF DIFFERENT UTILITIES AND ENTITIES THAT ARE CONSTANTLY, YOU

                    KNOW, DIGGING UP OUR STREETS TO REPAIR VARIOUS THINGS.  SO, WHAT -- WHAT

                    IS THE DUTY OF CARE THAT'S -- THAT IS BEING PUT ON -- ON A -- ON AN ENTITY

                    UNDER THIS BILL?

                                 MR. WEPRIN:  WELL, IT WAS PROVEN BY SUBSTANTIAL

                    EVIDENCE UNDER THIS INVESTIGATION THAT THEY WERE THE RESPONSIBLE ENTITY

                    FOR THE DAMAGE.

                                 MR. RA:  OKAY, BUT DOES -- DOES IT REQUIRE THAT THEY

                    BE NEGLIGENT IN THEIR ACTIONS?  YOU KNOW, I -- I KNOW THAT THERE'S

                                         401



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DIFFERENT THINGS THAT PEOPLE GO THROUGH WHEN THEY'RE -- WHEN THEY'RE

                    DIGGING UP A STREET.  YOU KNOW, THEY HAVE OTHER ENTITIES THAT MAY HAVE

                    INFRASTRUCTURE ON THE STREET, DO SOME TYPE OF MARK-OUT AND THINGS OF

                    THAT NATURE.  IF THEY GO THROUGH A DUTY OF CARE, YOU KNOW, AND THEY GO

                    AND THEY HAVE, YOU KNOW, THE WATER DEPARTMENT MARK OUT WHERE THEIR

                    PIPES ARE AND THEY HAVE OTHER ENTITIES MARK OUT WHAT THEY MAY HAVE

                    UNDER THE GROUND, AND MAYBE THAT ENTITY DOES SOMETHING INCORRECTLY.

                    SO, THEY HAVE EXERCISED DUE CARE, BUT IF THEIR ACTIONS STILL CAUSE --

                    CAUSE SOME TYPE OF ISSUE, ARE THEY RESPONSIBLE FOR IT?

                                 MR. WEPRIN:  WELL, ONLY AFTER THIS EXTENSIVE

                    INVESTIGATION, AND IN THIS PARTICULAR CASE IT WAS ABOUT SIX MONTHS OF

                    INVESTIGATION, THEY WERE DETERMINED TO BE THE -- THE PARTY AT FAULT.

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

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  YOU KNOW, THE CONCERN AGAIN HERE IS THIS IS

                    A -- THIS IS A CHANGE THAT IS BEING MADE UNIQUE TO PUBLIC UTILITIES.

                    THERE ARE OTHER ENTITIES THAT ARE WORKING IN -- IN THE STREETS, WHETHER

                    IT'S THE CITY OF NEW YORK, AND I'VE HEARD OF SITUATIONS WHERE THEY'VE

                    CAUSED DAMAGE AND, YOU KNOW, HOMEOWNERS HAD ISSUES SEEKING --

                    SEEKING A REMEDY, OR OTHER THIRD-PARTIES, OTHER PRIVATE CONTRACTORS WHO

                    MAY BE GOING INTO THE STREETS.  AND I DON'T THINK THE CONCERN IS -- WHEN

                    THERE'S NEGLIGENCE, YOU KNOW, THERE'S NEGLIGENCE AND -- AND THEY

                    SHOULD TAKE RESPONSIBILITY AND THERE ARE DIFFERENT AVENUES TO ENSURE

                    THAT THE UTILITY DOES TAKE RESPONSIBILITY.

                                         402



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 BUT I THINK THE DUTY OF CARE THAT IS BEING PUT ON THEM

                    HERE IS -- IS RATHER BROAD AND THEY MAY HAVE GONE THROUGH ALL THOSE

                    THINGS THAT AN ENTITY GOES THROUGH BEFORE THEY DIG UP A STREET, GETTING

                    THINGS MARKED OUT AND THINGS OF THAT NATURE, AND THEN SOMETHING

                    HAPPENS THAT IS NOT THE RESULT OF THEIR NEGLIGENCE, BUT BY A MISTAKE OF

                    ANOTHER ENTITY AND SUDDENLY THEY'RE BEING PUT THROUGH THIS PROCESS

                    THAT -- THAT I THINK, YOU KNOW, IS -- IS GOING TO HOLD THEM RESPONSIBLE

                    UNDER THE BROAD LANGUAGE OF THIS BILL.  AND -- AND WE ALL KNOW THAT

                    WHETHER IT'S LIKE THE PREVIOUS BILL OR OTHER THINGS, IF MUNICIPALITIES ARE

                    BEING SUBJECTED TO ADDITIONAL COSTS -- I'M SORRY, IF UTILITIES ARE BEING

                    SUBJECTED TO ADDITIONAL COSTS, WE KNOW WHO'S ULTIMATELY GOING TO --

                    GOING TO PAY THOSE, AND IT'S THE RATEPAYER.  SO FOR THAT REASON, I'LL BE

                    CASTING MY VOTE IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GARBARINO.

                                 MR. GARBARINO:  THANK YOU.  THANK YOU, MR.

                    SPEAKER.  WILL THE SPONSOR YIELD FOR A COUPLE QUESTIONS?

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

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN YIELDS.

                                 MR. GARBARINO:  THANK YOU, MR. WEPRIN.  I'M

                    GOING TO FOLLOW UP ON SOME OF WHAT MY COLLEAGUE DISCUSSED WITH THE

                    -- THE PROCESS HERE.  WHAT -- SO RIGHT NOW IN THIS ACTION -- OR IN THIS

                    INSTANCE YOU DESCRIBED IN QUEENS, THE RESIDENTS TO GET THE MONEY FROM

                    VERIZON WOULD HAVE HAD TO SUE IN A COURT?

                                 MR. WEPRIN:  THEY WOULD HAVE TO HAVE HIRED A

                    LAWYER AND SUED IN COURT.

                                         403



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GARBARINO:  DID THEY DO THAT HERE, DID THEY

                    GO TO COURT?

                                 MR. WEPRIN:  THEY DID NOT.

                                 MR. GARBARINO:  IS THERE A REASON THEY DIDN'T DO

                    THAT?

                                 MR. WEPRIN:  YEAH, BECAUSE THEY -- THEY DIDN'T

                    KNOW WHO WAS AT FAULT UNTIL AN EXTENSIVE INVESTIGATION BY DEP.

                                 MR. GARBARINO:  SO THEY KNOW WHOSE AT FAULT

                    NOW.  ACCORDING TO WHAT YOU'RE SAYING, DEP DETERMINED THAT THEY --

                    THAT VERIZON'S AT FAULT, SO WHY DIDN'T THE RESIDENTS SUE NOW?

                                 MR. WEPRIN:  WHY SHOULD IT BE ON THE BURDEN OF

                    THE RESIDENTS?  THEY'VE ALREADY LAID OUT THOUSANDS OF DOLLARS, IN SOME

                    CASES TWICE.  I KNOW ONE RESIDENT ON THE BLOCK, AND IT'S NOT A VERY

                    WEALTHY COMMUNITY, IT'S A MIDDLE-CLASS COMMUNITY, AND ONE

                    HOMEOWNER ACTUALLY LAID OUT $10,000 TWICE FOR THAT SAME DAMAGE.

                                 MR. GARBARINO:  BUT RIGHT -- CURRENTLY IN ALL OF

                    NEW YORK STATE WHEN THERE'S A PROPERTY DAMAGE ISSUE, IT IS HANDLED IN

                    THE COURT OF LAW, AND IT CURRENTLY COULD BE HANDLED IN THE COURT OF LAW

                    IN NEW YORK CITY.  WHY GIVE THIS POWER OVER TO THE DEP?

                                 MR. WEPRIN:  I'M TOLD THAT DEP DOES -- DOES

                    ADMINISTRATIVE HEARINGS ON A REGULAR BASIS AND THE UTILITIES HAVE AN

                    OPPORTUNITY TO BE HEARD.

                                 MR. GARBARINO:  SO THIS IS -- THIS IS GOING TO BE --

                    THERE'S GOING TO BE A HEARING IN THIS SITUATION?

                                 MR. WEPRIN:  YEAH, MY UNDERSTANDING IS DEP WILL

                                         404



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HAVE AN ADMINISTRATIVE HEARING.

                                 MR. GARBARINO:  IT DOESN'T SAY THAT IN THE -- IN THE

                    LEGISLATION.  IT SAYS THAT THEY'LL DO AN INVESTIGATION AND THAT THEY WILL --

                    IF THE DEPARTMENT CONCLUDES BASED ON SUBSTANTIAL EVIDENCE, THEN --

                    THAT THERE WAS A CAUSE OF SIGNIFICANT DAMAGE, THEN THE UTILITY HAS TO

                    PAY.  SO WHERE IS --

                                 MR. WEPRIN:  IN THIS CASE -- IN THIS CASE, VERIZON

                    WAS HEARD DURING THE INVESTIGATION.  THEY -- THEY HAD ACCESS TO THE

                    INVESTIGATION, THEY WERE CONSULTED, THEY WERE THE ONLY UTILITY WORKING

                    ON THAT SIDE OF THE STREET DURING THE TIME PERIOD IN QUESTION.  AND THERE

                    WERE ONLY 22 HOMES ON ONE SIDE OF THE STREET ON A, YOU KNOW, IN A

                    THREE- OR FOUR BLOCK RADIUS THAT WERE AFFECTED BY THIS.

                                 MR. GARBARINO:  I UNDERSTAND, BUT I'M -- I'M

                    TALKING -- I'M NOT JUST TALKING ABOUT HERE, I'M TALKING ABOUT WHAT THIS

                    BILL IS GOING TO DO GENERALLY.  YOU NOW HAVE A COURT OF LAW WHERE

                    THERE'S A HEARING, THERE'S A JUDGE, EVIDENCE IS PRESENTED.  HERE, I SEE

                    THAT EVIDENCE IS COLLECTED AND THE UTILITY IS REQUIRED TO ASSIST IN THE

                    INVESTIGATION, BUT I DON'T SEE -- I DON'T SEE THAT THERE'S A JUDGE, I DON'T

                    SEE THAT THERE IS A HEARING, I DON'T SEE AN APPEALS PROCESS.  I MEAN,

                    WHAT HAPPENS HERE?  IS THERE AN APPEALS PROCESS?

                                 MR. WEPRIN:  THE FINDING HAS TO BE BASED ON

                    SUBSTANTIAL EVIDENCE AND IT'S -- THE UTILITY CAN BRING AN ARTICLE 78 AND

                    APPEAL THAT RULING.

                                 MR. GARBARINO:  IT CAN -- IT CAN BRING AN ARTICLE

                    78?  SO, YOU JUST MENTIONED --

                                         405



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. WEPRIN:  ALSO, IN THE CASE OF THE UTILITIES,

                    THEY'RE IN A BETTER POSITION TO BRING AN ARTICLE 78 AND THEY HAVE MANY

                    ATTORNEYS REPRESENTING THEM, AS OPPOSED TO THE INDIVIDUAL HOMEOWNER

                    WHO HAS SUFFERED THIS EXTENSIVE DAMAGE AND HAS NO CHOICE, BECAUSE

                    OTHERWISE THEY WOULD HAVE HAD THEIR WATER TURNED OFF.

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

                    YOU JUST MENTIONED "SUBSTANTIAL EVIDENCE."  IN CRIMINAL COURT WE HAVE

                    BEYOND A REASONABLE DOUBT, IN CIVIL COURT WE HAVE PREPONDERANCE OF

                    EVIDENCE.  WHERE DOES SUBSTANTIAL EVIDENCE FALL?  I -- I DON'T KNOW

                    WHAT THAT DEFINITION IS, THAT 51 PERCENT --

                                 MR. WEPRIN:  CPLR 7804.

                                 MR. GARBARINO:  SO WHAT -- OKAY.  SO, WHAT IS

                    THAT -- WHAT IS "SUBSTANTIAL EVIDENCE?"  WHAT IS IT?

                                 MR. WEPRIN:  WELL, IT'S OPEN TO INTERPRETATION, BUT

                    IT'S AFTER --

                                 MR. GARBARINO:  IF IT'S IN CPLR WHATEVER SECTION

                    YOU SAID, I DON'T THINK IT'S OPEN TO INTERPRETATION.  USUALLY IT'S A -- IF IT'S

                    IN THE STATUTE, IT SAYS WHAT IT IS.

                                 MR. WEPRIN:  IN AN ARTICLE 78 PROCEEDING WOULD

                    DETERMINE WHETHER THE CITY'S DETERMINATION WAS BASED ON SUBSTANTIAL

                    EVIDENCE AND, IN THIS PARTICULAR CASE, THAT WAS THE DETERMINATION.

                                 MR. GARBARINO:  SO, D -- OKAY.  SO, DEP IS

                    GOING TO DECIDE -- THEY'RE GOING TO COME UP WITH WHAT THEY THINK IS

                    SUBSTANTIAL EVIDENCE AND RULE.  NOW DOES IT CONCERN YOU THAT, YOU

                    KNOW, AND ALSO -- WHAT HERE IS SIGNIFICANT DAMAGES?  YOU KNOW, THAT'S

                                         406



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    -- THAT'S ANOTHER FACTOR, THERE HAS TO BE SIGNIFICANT DAMAGE.  WHAT'S

                    THAT?  IT'S NOT DEFINED HERE IN THE BILL.  IS THAT ALSO SOMETHING DEP IS

                    GOING TO DETERMINE?

                                 MR. WEPRIN:  WELL, IN THIS CASE IT WAS PRETTY

                    OBVIOUS IN THE CASE OF THOUSANDS OF DOLLARS.

                                 MR. GARBARINO:  I'M NOT TALKING ABOUT THIS CASE,

                    I'M TALKING ABOUT UNDER THIS BILL.  I'M NOT TALKING ABOUT THIS CASE.  IT

                    WAS DETERMINED IN THIS CASE, YOU SAID DEP SAID SIGNIFICANT DAMAGE.

                    THIS BILL TALKS ABOUT ALL INSTANCES, NOT JUST THE ONE CASE.  "SIGNIFICANT

                    DAMAGE"; WHAT -- WHAT DOES THAT MEAN?  IT MUST MEAN SOMETHING

                    BECAUSE THEY FOUND SIGNIFICANT DAMAGE IN THIS CASE.  SO, WHAT IS DEP'S

                    STANDARD FOR SIGNIFICANT DAMAGE?

                                 MR. WEPRIN:  YEAH.  IT HAS TO BE SIGNIFICANT ENOUGH

                    FOR DEP TO TRIGGER A THREE-DAY SHUTOFF NOTICE, FOR ONE, AND IT'S UP TO

                    DEP TO MAKE THAT DETERMINATION.  BUT IN THE CASE OF THOUSANDS OF

                    DOLLARS BY HOMEOWNERS, I WOULD CONSIDER THAT SIGNIFICANT.

                                 MR. GARBARINO:  OKAY.  NOW, IF THE DEP

                    DETERMINES UNDER -- AFTER ITS INVESTIGATION THAT THE UTILITY WAS FOUND TO

                    HAVE CAUSED SIGNIFICANT DAMAGE, THE UTILITY IS REQUIRED TO PAY FOR ALL

                    THE COST, NOT JUST FOR THE REPAIR, BUT ALL THE COSTS ASSOCIATED WITH THE

                    INVESTIGATION.  DOES THAT CONCERN YOU A LITTLE THAT THE DEP CAN CHARGE

                    THE UTILITY FOR ANY OF THE INVESTIGATIONS THAT IT HAS WHERE IT DETERMINES

                    SIGNIFICANT DAMAGE?  IT JUST SEEMS TO ME THAT IF I COULD GET SOMEBODY

                    ELSE TO PAY FOR THE INVESTIGATION, I'M ALWAYS GOING TO FIND SIGNIFICANT

                    DAMAGE AND THEN, AT THE END OF THE DAY, THEN I'M GOING TO HAVE TO --

                                         407



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THEY'LL HAVE TO ARTICLE 78 TO OVERTURN ME.

                                 MR. WEPRIN:  WELL, THEY'RE CERTAINLY IN A BETTER

                    POSITION TO -- TO DO THAT THAN THE HOMEOWNER IS.  THE HOMEOWNER IS AN

                    INNOCENT VICTIM HERE WHO IS NOT IN A POSITION, YOU KNOW, TO AFFORD TO

                    LAY OUT THOUSANDS AND THOUSANDS OF DOLLARS FOR SOMETHING THAT WAS

                    CLEARLY NOT THEIR FAULT.

                                 MR. GARBARINO:  DOESN'T -- AND JUST ANOTHER

                    QUESTION.  YOU'RE SENDING THIS -- YOU'RE CREATING THIS WHOLE NEW

                    AUTHORITY WITH THE DEP FOR THIS HEARING, OR THIS INVESTIGATION, BECAUSE

                    WE'RE NOT SURE THAT A HEARING EVEN OCCURS HERE, BECAUSE IT DOESN'T SAY

                    SO IN THE LEGISLATION.  YOU KNOW, THEY DON'T HAVE THE PREVIOUS

                    EXPERIENCE, WHY NOT -- WHY NOT HAVE THE NEW YORK CITY OFFICE OF

                    ADMINISTRATIVE TRIAL AND HEARINGS HANDLE THIS, BECAUSE THEY'RE THE

                    ONES, I BELIEVE, WHO HANDLE THE DEP HEARINGS NOW, NOT DEP ITSELF.  SO

                    WHY NOT -- WHY ARE YOU NOT GIVING THIS AUTHORITY TO THAT OFFICE, BECAUSE

                    IT SEEMS LIKE THEY ALREADY HAVE THE STAFF, THEY ALREADY HAVE THE HEARING

                    OFFICERS, THEY'VE ALREADY DONE ALL OF THESE THINGS FOR MANY DIFFERENT

                    DEPARTMENTS IN THE CITY.  WHY NOT JUST GIVE IT TO THEM?  IF YOU WANT TO

                    TAKE IT OUT OF THE COURT'S HAND, WHY NOT JUST GIVE IT TO SOMEBODY WHOSE

                    ALREADY BEEN DOING IT IN THE CITY FOR AWHILE?

                                 MR. WEPRIN:  WELL, THESE AMENDMENTS WERE

                    DRAFTED WITH THE ASSISTANT -- OR SUGGESTIONS BY THE CITY OF NEW YORK.

                    BUT DEP HAS THOUSANDS AND THOUSANDS OF EMPLOYEES.  DEP IS CERTAINLY

                    AN AGENCY THAT IS CAPABLE OF CONDUCTING THE INVESTIGATION.

                                 MR. GARBARINO:  NO, I UNDERSTAND THAT, BUT WE'RE

                                         408



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NOW GIVING THEM SOMETHING TOTALLY DIFFERENT THAN WHAT THEIR THOUSANDS

                    AND THOUSANDS OF EMPLOYEES HAVE DONE.  THERE ALREADY ARE, PROBABLY

                    IN THE NEW YORK CITY OFFICE OF ADMINISTRATION -- ADMINISTRATIVE TRIAL

                    AND HEARINGS, THERE ARE PROBABLY THOUSANDS OF EMPLOYEES THERE THAT

                    ACTUALLY DO THIS ALREADY.  SO, I'M JUST WONDERING, YOU KNOW, I FEEL LIKE

                    IT WOULD HAVE BEEN --

                                 MR. WEPRIN:  ACTUALLY -- ACTUALLY THE AGENCY DOES

                    NOT HAVE THOUSANDS OF EMPLOYEES, IT'S ACTUALLY A SMALL AGENCY.

                                 MR. GARBARINO:  BUT THEY STILL DO THIS JOB FOR THE

                    DEP AND OTHER AGENCIES ALREADY, SO I FEEL LIKE, WHY WOULDN'T YOU HAVE

                    PUT IT THERE?

                                 MR. WEPRIN:  WELL, YOU KNOW, DEP WORKS IN

                    CONJUNCTION WITH OATH SO IT'S VERY LIKELY THAT THE HEARING WOULD BE

                    DONE WITH -- WITH OATH.

                                 MR. GARBARINO:  WELL, THERE IS NO HEARING UNDER

                    THIS LAW -- UNDER THIS, RIGHT, THAT WE'RE PASSING TODAY, SO I DON'T THINK

                    OATH IS INCLUDED AT ALL.  I FEEL LIKE MAYBE A -- IF THAT'S -- IF THAT'S THE

                    WAY YOU WANT TO GO AND YOU ACTUALLY WANT TO MAKE SURE A HEARING'S

                    GOING -- GOING TO HAPPEN, MAYBE A CHAPTER AMENDMENT PUTTING THIS

                    WITH -- YOU KNOW, LET DEP DO THE INVESTIGATION, BUT THE HEARING BE

                    HELD UNDER OATH?  MAYBE THAT'LL MAKE THINGS A LITTLE CLEARER.

                                 MR. WEPRIN:  WELL, I WOULD CONSIDER THAT.  THIS IS

                    THE LAST DAY OF SESSION, I HOPE, BUT I WOULD CERTAINLY CONSIDER A

                    CHAPTER AMENDMENT.

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

                                         409



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WEPRIN.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. GARBARINO:  I'M JUST VERY CONCERNED ABOUT

                    THIS LEGISLATION.  RIGHT NOW, PROPERTY DAMAGE DISPUTES ARE HANDLED IN A

                    COURT OF LAW WITH A JUDGE.  YOU KNOW, NEW YORK CITY HAS PLENTY OF

                    JUDGES.  TAKING THIS AND GIVING IT TO AN ADMINISTRATIVE AGENCY WHO HAS

                    -- WE'RE NOT EVEN SURE THERE'S GOING TO BE A HEARING THAT HAS THE PROOF

                    THAT'S SET -- THAT HAS TO BE DETERMINED, YOU KNOW, WHAT SUBSTANTIAL

                    EVIDENCE IS, WHAT SIGNIFICANT DAMAGE IS.  THESE ARE THINGS THAT THEY'RE

                    JUST WORDS, THEY DON'T HAVE ANY DEFINITION TO THEM HERE.  AND IT'S VERY

                    CONCERNING.  THERE'S ALREADY CASE LAW FOR WHAT HAPPENS IN NEW YORK

                    CITY COURTS.  I THINK THAT THIS BILL IS A BIG -- IS JUST A BIG MISTAKE AND IT

                    SHOULD BE LEFT WITH THE COURT OF LAW AND THE COURTS IN NEW YORK CITY,

                    AND I CAN'T SUPPORT THIS BILL AND I ENCOURAGE MY COLLEAGUES ALSO TO VOTE

                    IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

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

                    THE SPONSOR YIELD JUST FOR A COUPLE QUICK QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN, WILL YOU

                    YIELD?

                                 MR. WEPRIN:  CERTAINLY.

                                 MR. PALMESANO:  THANK YOU, DAVID.  JUST ONE

                    THING I WANT TO CLARIFY, BECAUSE WHEN I READ THE LANGUAGE, IT TALKS

                    ABOUT HOW LIABILITY FOR A UTILITY, IF ITS INFRASTRUCTURE, ELECTRIC CURRENT OR

                                         410



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OTHER ACTIVITY WAS A CAUSE OF SIGNIFICANT DAMAGE TO RESIDENTIAL WATER OR

                    LATERAL LINES.  AND TO ME, READING IT, AND I'M NOT AN ATTORNEY, IT SEEMS

                    LIKE MORE OF A VAGUE STANDARD THAT RAISES THE POSSIBILITY OF REALLY, WHO

                    IS AT FAULT, BECAUSE WHETHER IT RESULTS IN -- IF IT'S A RESULT OF NEGLIGENCE

                    OR ERROR BY THE UTILITY, OR TAKING INTO ACCOUNT BECAUSE I THINK FROM WHAT

                    I UNDERSTAND FROM RESEARCH I'VE DONE, PIPES ARE DAMAGED FROM A

                    VARIETY OF REASONS.  IT COULD BE NEGLIGENCE ON BEHALF OF A PRIVATE

                    CONTRACTOR OR A -- SOMEONE USING AN EXCAVATOR.  IT COULD HAPPEN

                    BECAUSE THE CITY DIDN'T MARK THE LINES PROPERLY.

                                 SO, IN THAT EXAMPLE WHERE IT MIGHT BE THE PIPES, THE

                    WAY I READ THIS THAT IF A PRIVATE CONTRACTOR'S COMING IN THERE TO DO WORK

                    AND DOES SOME WORK AND THEY HIT THE LINES BECAUSE THE CITY MARKED IT

                    INCORRECTLY, NOW FROM READING WITH THIS LANGUAGE, IT SOUNDS LIKE -- THAT

                    THE CITY WOULDN'T BE AT FAULT.  IT SAYS THE UTILITY HAS TO PAY FOR THE

                    INVESTIGATION, THE UTILITY HAS TO PAY FOR ALL THE COSTS, BUT IF THE CITY'S AT

                    FAULT BECAUSE THEY DIDN'T MARK IT PROPERLY AND FOR A PRIVATE CONTRACTOR,

                    IT SEEMS LIKE IT'S ONLY APPLYING TO A UTILITY AND NOT OTHER THIRD-PARTIES

                    LIKE THE CITY OR STATE, OR A CONTRACTOR WHO MIGHT BE WORKING THAT

                    SITUATION.  IT SEEMS LIKE IT SHOULD BE MORE OF AN UMBRELLA RATHER THAN

                    JUST THE UTILITY.

                                 MR. WEPRIN:  WELL, THAT WOULD ONLY BE DECIDED

                    AFTER THE EXTENSIVE INVESTIGATION.  YOU KNOW, IT'S ONLY AFTER THAT

                    PARTICULAR UTILITY IS DETERMINED TO CLEARLY BE AT FAULT.  IN THIS PARTICULAR

                    CASE IS A CLASSIC CASE WHERE, YOU KNOW, THEY BASICALLY ADMITTED THAT

                    THEY'RE AT FAULT, THEY WERE THE ONLY ENTITY IN THAT AREA.  IT'S -- IT'S MORE

                                         411



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THAN A COINCIDENCE THAT IT'S ONLY 22 HOMES ON ONE SIDE OF THE STREET AND

                    THEY WERE THE ONLY ONES WORKING IN THAT AREA FOR THAT PERIOD OF TIME.

                    THAT WAS PART OF THE INVESTIGATION, SO...

                                 MR. PALMESANO:  AND I'M NOT QUESTIONING THAT

                    SPECIFIC CASE, I THINK I WAS JUST -- AND I THINK SOME OF US ARE JUST TRYING

                    TO GET CLARITY.  IF THIS GOES THROUGH, THIS IS GOING TO AFFECT FUTURE THINGS,

                    FUTURE CASES, AND I GUESS THE WAY WE READ THE LANGUAGE, IT SOUNDS LIKE

                    THE RESPONSIBILITY FALLS ALL ON THE UTILITY.  IF, LIKE I SAID, IF IT WAS A

                    CAUSE, BUT NOT THE ACTUAL CAUSE OR THE PRIMARY CAUSE.  AGAIN, SO WOULD

                    DEP, WHO IS A CITY ENTITY, WOULD THEY MAKE THAT DETERMINATION IF THE

                    CITY WAS INVOLVED BECAUSE THEY WENT THROUGH AND MARKED THE WRONG

                    SIDE SO THEY DUG THE WRONG WAY, SOMETHING HAPPENED.  SO -- OR DOES IT

                    -- SO COULD THE CITY BE FOUND LIABILITY -- LIABLE AND WOULD THEY HAVE TO

                    PICK UP THE COST OF THE INVESTIGATION AND THE COST, OR THE PRIVATE

                    CONTRACTOR WHO WAS USING THE EXCAVATOR?  COULD THEY BE DETERMINED

                    AND HAVE TO PICK UP THE COST THROUGH THIS PROCESS?  OR WOULD IT STILL

                    JUST FALL ON THE UTILITY IS THE WAY WE READ THE LANGUAGE, THAT'S, I THINK,

                    WHERE WE HAVE SOME CONFUSION.

                                 MR. WEPRIN:  WELL, I THINK IT WOULD BE, YOU KNOW,

                    AFTER AN EXTENSIVE INVESTIGATION, A DECISION WOULD BE MADE.  CERTAINLY,

                    THE UTILITY IS IN A POSITION TO APPEAL IT, TO BRING AN ARTICLE 78, YOU

                    KNOW, AND -- AND HAVE A -- HAVE A HEARING.  SO THEY'RE CERTAINLY BEST

                    SITUATED IF THEY WERE THE ONES THAT WERE DETERMINED AFTER AN EXTENSIVE

                    INVESTIGATION TO BE AT FAULT OVER THE HOMEOWNER, BECAUSE OBVIOUSLY THE

                    ALTERNATIVE IS THE HOMEOWNER, AND THE HOMEOWNER IS ALREADY

                                         412



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    OUT-OF-POCKET THOUSANDS OF DOLLARS, OR IN THIS CASE, AND, YOU KNOW,

                    HOWEVER MUCH THEY'RE OUT OF POCKET, BUT THEY CLEARLY WERE NOT AT FAULT.

                                 MR. PALMESANO:  THANK YOU, DAVID.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. PALMESANO:  I CAN CERTAINLY UNDERSTAND THE

                    -- WHAT THE SPONSOR IS TRYING TO DO.  I THINK THE CONCERN SOME OF US

                    HAVE RELATIVE TO THIS BILL IS SOME OF THESE CASES IN THE PAST HAVE BEEN

                    HANDLED THROUGH THE JUDICIAL PROCESS, THROUGH THE COURTS, AND THERE ARE

                    SOME CONCERN RATHER THAN -- RATHER -- WHETHER DUE PROCESS AND THE RIGHT

                    TO BE HEARD AND -- IS GOING TO BE PART OF THIS PROCESS.  I KNOW THE

                    SPONSOR TALKED ABOUT THERE'S THE POSSIBILITY FOR ARTICLE 78 PROCEEDING.

                    I THINK THAT'S SOMETHING WE WEREN'T SEEING RELATIVE TO THE LANGUAGE,

                    BUT, IF THAT'S THE CASE, THAT'S BETTER THAN NOT.  BUT I THINK THERE'S -- YOU

                    KNOW, SOME CONCERNS REGARDING THIS AND, CERTAINLY, ON THE LIABILITY SIDE

                    WHOSE -- WHAT DEFINES THE CAUSE, IF IT'S A PRIMARY CAUSE OR IF THERE'S

                    NEGLIGENCE.  THERE'S JUST SOME -- CERTAINLY SOME GRAY AREAS IN THIS

                    LEGISLATION THAT WE HAVE CONCERNS ABOUT.  SO, THAT'S WHAT WE WANTED TO

                    BRING ON THE RECORD.  SO, MR. SPEAKER, FOR THOSE REASONS, I'LL BE VOTING

                    IN THE NEGATIVE AND URGE MY COLLEAGUES TO DO THE SAME.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                                         413



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. PERRY TO EXPLAIN HIS VOTE.

                                 MR. PERRY:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  QUIET, PLEASE.

                                 MR. PERRY:  I JUST WANT TO CONGRATULATE MY

                    COLLEAGUE, MR. WEPRIN, THE SPONSOR OF THIS BILL, WHO HAS WORKED SO

                    HARD TO BRING THIS TO A VOTE.  I HAVE A LOT OF CONSTITUENTS IN MY DISTRICT,

                    AND I'M SURE I HAVE COLLEAGUES HERE WHO SHARE THE SAME CONCERN AND

                    PROBLEM WHERE THE UTILITY COMPANIES, CON ED, VERIZON, NATIONAL GRID,

                    THEY OPERATE UNDERGROUND NOT ONLY IN THE ACTIVITIES TO PROVIDE THE

                    SERVICE, BUT ALSO IN DEALING WITH CLAIMS THAT THEY'RE RESPONSIBLE FOR.

                    AND CONSIDERING SPENDING A LOT OF MONEY TO REPAIR PLUMBING AND OTHER

                    UTILITY LINES THAT SUPPLY SERVICE TO THEIR HOMES BECAUSE THEY DON'T KNOW

                    WHO IS RESPONSIBLE.  THE CITY CAN'T EASILY DETECT THAT WITHOUT A LONG

                    INVESTIGATIONS.  BY THE TIME THEY REACH SOME CONCLUSION, IT'S A LONG

                    PERIOD, EVEN A YEAR OR MORE, AND THE CONSTITUENT HAS ALREADY SPENT THE

                    MONEY AND HAS NO WAY TO RECOUP THEIR FUNDS BECAUSE OF THE CURRENT

                    LAWS, THEY'RE NOT -- YOU CAN'T SUE THE CITY AFTER -- IF YOU DON'T SUBMIT

                    YOUR CLAIM WITHIN A VERY SHORT PERIOD.

                                 SO THERE HAS TO BE A PROCESS AND A WAY FOR

                    CONSTITUENTS WHO HAVE BEEN FORCED TO SPEND MONEY, NOT BECAUSE OF

                    THEIR NEGLIGENCE OR WRONGDOING, BUT BECAUSE OF THE UTILITY COMPANY

                    THAT, IN MANY CASES, HAVE BEEN -- HAS BEEN CLEARLY PROVEN THAT THEY ARE

                    RESPONSIBLE AND SHOULD NOT BE ALLOWED TO GET AWAY WITH THIS.  SO, ON

                                         414



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BEHALF OF ALL THOSE CONSTITUENTS WHO -- MANY OF WHO HAVE PAID.  AND

                    THIS BILL ASKS FOR A THREE-YEAR PERIOD; IT SHOULD GO BACK TEN YEARS,

                    BECAUSE I THINK WHEN YOU HAVE TO PAY FOR ALL THESE --

                                 ACTING SPEAKER PICHARDO:  MR. PERRY, YOUR

                    TIME IS UP.  HOW DO YOU -- HOW DO YOU VOTE, SIR?

                                 MR. PERRY:  MR. SPEAKER, I WITHDRAW MY REQUEST

                    AND VOTE YES.

                                 ACTING SPEAKER PICHARDO:  MR. PERRY IN THE

                    AFFIRMATIVE.

                                 MS. MALLIOTAKIS TO EXPLAIN HER VOTE.

                                 MS. MALLIOTAKIS:  THANK YOU, MR. SPEAKER.  I

                    FIND IT INTERESTING THAT THE CITY OF NEW YORK WANTS TO PUT THE DEP IN

                    CHARGE OF MAKING THESE DETERMINATION OF WHO'S RESPONSIBLE TO REPAIR

                    THE SEWER AND THE PIPES.  I HAD A CONSTITUENT THAT HAD NO WATER FOR SIX

                    MONTHS.  THIS WAS A SENIOR CITIZEN.  HE HAD STAGE 3 LUNG CANCER.  IT WAS

                    THE DEP THAT BROKE A PIPE IN FRONT OF HIS HOME, LEFT HIM WITHOUT WATER

                    FOR SIX MONTHS.  AND IT WASN'T UNTIL I GOT INVOLVED AND WE GOT A

                    NON-PROFIT TO PAY THE $3,000 COST OF MAKING THAT REPAIR THAT HE GOT HIS

                    WATER ON.  AND THEN TO ADD INSULT TO INJURY, THE DEP SENT HIM A $950

                    SERVICE CHARGE BILL FOR THE PERIOD THAT HE HAD NO WATER, WHICH WE ALSO

                    GOT WAIVED.

                                 SO, I DON'T -- I DON'T TRUST THE DEP TO MAKE THIS

                    DETERMINATION.  I DO SYMPATHIZE WITH THE SPONSOR, BUT I THINK THE DEP

                    NEEDS TO BE INCLUDED AND THERE NEEDS TO BE AN INDEPENDENT OFFICE THAT'S

                    GOING TO BE MAKING THESE DECISIONS, BECAUSE DEP IS JUST AS GUILTY AS

                                         415



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THOSE UTILITIES THAT YOU'RE TALKING ABOUT.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MS. MALLIOTAKIS

                    IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, THERE WILL BE AN

                    IMMEDIATE MEETING OF THE WAYS AND MEANS COMMITTEE IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  WAYS AND MEANS,

                    SPEAKER'S CONFERENCE ROOM.  MS. WEINSTEIN AWAITS.

                                 MR. RAMOS:  MR. SPEAKER, WE'D LIKE TO CALL UP

                    RULES REPORT NO. 594, PAGE 31, MR. CRESPO, AND CALENDAR NO. 387,

                    PAGE 57, GALEF.

                                 (PAUSE)


                                 THE CLERK:  ASSEMBLY NO. A06683-B, RULES

                    REPORT NO. 594, CRESPO, GOTTFRIED, GRIFFIN.  AN ACT TO AMEND THE TAX

                    LAW, IN RELATION TO A TELEVISION WRITERS' AND DIRECTORS' FEES AND SALARIES

                    CREDIT.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                                         416



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. LALOR TO EXPLAIN HIS VOTE.

                                 MR. LALOR:  THANK YOU, MR. SPEAKER.  THIS FILM

                    TAX CREDIT'S BEEN AROUND FOR MANY YEARS NOW.  IT'S AN EXAMPLE OF THE

                    STATE CENTRAL PLANNING.  WE'RE GOING IN AND CHOOSING ONE RELATIVELY

                    SMALL INDUSTRY TO GIVE THIS MOST GENEROUS OF SUBSIDIES.  THIS BILL GOES A

                    STEP FURTHER INTO MICROMANAGEMENT.  NOW WE'RE GOING INTO ONE

                    INDUSTRY AND WE'RE CHOOSING CERTAIN PEOPLE WITHIN THAT INDUSTRY TO

                    SHARE IN THIS GENEROUS $420 MILLION-A-YEAR TAX CREDIT.  ALSO, THE FILM

                    TAX CREDIT IS FOR BELOW THE LINE COSTS, WHICH ARE PRODUCTION COSTS, THE

                    BLUE COLLAR WORKERS IN THE FILM INDUSTRY.  THIS BILL NOW EXPANDS THAT TO

                    ABOVE THE LINE COSTS, TO THE CREATIVE SIDE OF THINGS, WHICH IS NOT THE

                    INTENT, SPIRIT OR LETTER OF THE FILM TAX CREDIT -- CREDIT.  THE WRITERS AND

                    PRODUCERS WERE NOT SUPPOSED TO BENEFIT FROM THE FILM TAX CREDIT, AND

                    NOW WE'RE ALLOWING THEM TO DO SO.  FOR THIS REASON, THE BILL HAS BEEN

                    VETOED IN THE PAST AND I THINK IT'S GOING TO BE VETOED AGAIN.  I'M VOTING

                    AGAINST IT AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER DENDEKKER:  MR. LALOR IN

                    THE NEGATIVE.

                                 MR. CRESPO TO EXPLAIN HIS VOTE.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER, JUST BRIEFLY.

                    WE ARE -- WE HAVE A VERY GOOD TAX CREDIT PROGRAM THAT HAS EXPANDED

                    OPPORTUNITIES IN FILM -- IN THE FILM INDUSTRY IN THE STATE OF NEW YORK,

                    AND ALL REGIONS IN THE STATE AND HAS CREATED GOOD PAYING JOBS AND --

                                         417



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AND -- AND INVESTMENTS AND ECONOMIC DEVELOPMENT IN A LOT OF OUR

                    NEIGHBORHOODS.  I KNOW IN THE BRONX I HAVE NEW STUDIOS OPENING UP

                    BECAUSE OF ALL OF THE WORK THAT THE INDUSTRY HAS EXPANDED; HOWEVER,

                    THERE CONTINUES TO BE A PROBLEM WITH DIVERSITY WITHIN THE INDUSTRY.

                                 THIS WOULD CAPTURE FROM THE EXISTING POT OF MONEY OF

                    RESOURCES, $5 MILLION TO BE INVESTED INTO THE DIVERSITY OF WRITERS AND

                    DIRECTORS.  AND WHILE IT IS ABOVE THE LINE, MY UNDERSTANDING OF THE

                    INITIAL INTENT OF THE PROGRAM WAS TO HAVE ABOVE AND BELOW THE LINE.  IT

                    WAS -- THE ABOVE THE LINE WAS EXCLUDED TO AVOID A FAMOUS STAR OR A

                    MULTI-MILLION DOLLAR ACTOR FROM TAPPING INTO THE CREDIT, AND FOCUSING ON

                    THE BLUE COLLAR JOBS.  BUT WHEN YOU THINK ABOUT WRITERS AND DIRECTORS,

                    THEY PLAY AN IMPORTANT ROLE IN THE MESSAGING THAT GOES OUT INTO OUR

                    NEIGHBORHOODS.  THERE'S A SERIOUS LACK OF DIVERSITY WITHIN THE FIELD.

                    WE WANT TO MAKE SURE THAT THOSE OPPORTUNITIES ARE PROVIDED WITHIN THE

                    GENEROSITY OF OUR TAX CREDIT PROGRAM, AND WE BELIEVE THIS BILL

                    ACHIEVES THAT GOAL.

                                 SO, I'LL BE VOTING IN THE AFFIRMATIVE AND ENCOURAGE MY

                    COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER DENDEKKER:  MR. CRESPO IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02047-A, CALENDAR

                                         418



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    NO. 387, GALEF, BUCHWALD, SIMON, M.G. MILLER, DINOWITZ, JAFFEE,

                    ZEBROWSKI, MAGNARELLI, THIELE, PICHARDO, PEOPLES-STOKES, RIVERA,

                    ABINANTI, WOERNER, MOSLEY, L. ROSENTHAL, BENEDETTO, CAHILL, FRIEND,

                    STECK, ASHBY, JACOBSON, D'URSO.  AN ACT TO AMEND THE ELECTION LAW,

                    IN RELATION TO PROHIBITING THE NAME CHANGE OF ANY INDEPENDENT BODY

                    MAKING NOMINATIONS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MRS. GALEF, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  THIS IS A VERY SIMPLE BILL.  IT SAYS THAT ONCE A PARTY IS FORMED

                    IN NEW YORK STATE, THEY CAN NEVER CHANGE THE NAME OF THEIR PARTY.

                    AND I KIND OF LIKE THE BILL IN ITS SIMPLICITY, BUT I THINK THERE'S A

                    FUNDAMENTAL CONSTITUTIONAL RIGHT OF FREE SPEECH THAT WE'RE KIND OF

                    FROSTING OVER.  I MEAN, IMAGINE IF THIS HAD BEEN IN PLAY, WE COULD BE

                    TALKING ABOUT THE BULL MOOSE PARTY, OR THE WHIGS OR THE TORIES, OR

                    ANYTHING ELSE.  BUT I THINK WHEN A GROUP OF PEOPLE GET TOGETHER, UNDER

                    THE FIRST AMENDMENT OF THE CONSTITUTION THEY PRETTY MUCH HAVE THE

                    RIGHT TO CALL THEMSELVES ANY NAME THEY WANT TO, AS LONG AS IT DOESN'T

                    CONFLICT WITH SOME PUBLIC POLICY LIKE -- THAT WOULD BE CONFUSING OR

                                         419



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FRAUDULENT.

                                 SO, I REALLY DO LIKE THE BILL.  I JUST DON'T THINK THERE'S

                    ANY WAY WE CAN SAY YOU CAN'T CALL YOURSELF WHAT YOU WANT TO CALL

                    YOURSELF AS LONG AS THE NAME THAT YOU WANT TO CALL YOURSELF ISN'T

                    OBSCENE OR CONTRARY TO SOME STATED PUBLIC POLICY.  THANK YOU, SIR.

                                 ACTING SPEAKER DENDEKKER:  MR. GOODELL IN

                    THE NEGATIVE.

                                 MRS. GALEF TO EXPLAIN HER VOTE.

                                 (PAUSE)

                                 MRS. GALEF TO EXPLAIN HER VOTE.

                                 MRS. GALEF:  I GUESS I'M -- I'M GOING TO TAKE A LITTLE

                    TIME AT 3:28 IN THE MORNING TO EXPLAIN THIS VOTE -- THIS BILL.  OF COURSE

                    YOU CAN CHOOSE WHATEVER PARTY NAME YOU WANT, YOU JUST, AS THE

                    POLITICAL ORGANIZATION IS PUTTING TOGETHER A BALLOT DURING A

                    GUBERNATORIAL PERIOD OF TIME, AND IF YOU WANT TO BE NAMED WHATEVER

                    PARTY IT IS, THE GOODELL PARTY, YOU CAN -- YOU CAN DO THAT.  YOU HAVE TO

                    GET 50,000 PEOPLE TO VOTE ON THAT LINE WHEN YOU RUN FOR GOVERNOR, AND

                    THEN OTHER PEOPLE CAN BE CANDIDATES ON THAT LINE, ALSO.

                                 BUT THIS BILL JUST SAYS YOU'VE CHOSEN THE GOODELL

                    PARTY, YOU CAN'T IN THE MIDDLE OF THE FOUR YEARS SAY, I'M THE GALEF

                    PARTY, YOU CAN'T DO THAT -- AND DO A DIFFERENT EMBLEM AND EVERYTHING

                    ELSE, BECAUSE IT'S KIND OF LIKE BAIT AND SWITCH FOR THE VOTERS THAT WENT

                    OUT THERE AND VOTED FOR THE GOODELL PARTY.  THEY CERTAINLY DON'T WANT

                    TO BE ON THE GALEF LINE.

                                 SO, THIS IS JUST HAVING CONSISTENCY AND IF YOU WANT TO

                                         420



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    START A NEW PARTY, YOU CAN START WITH A NEW NAME, EVERYBODY HAS THE

                    ABILITY TO DO WHATEVER THEY'D LIKE TO DO, AND I'VE JUST USED A LITTLE TIME

                    SO WE STRETCH IT OUT AND HOPEFULLY MORE PEOPLE WILL BE COMING IN TO

                    VOTE AND THAT'S IT.  THANK YOU VERY MUCH.

                                 ACTING SPEAKER DENDEKKER:  MRS. GALEF IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, THERE WE WILL AN

                    IMMEDIATE MEETING OF THE RULES COMMITTEE.  THE SPEAKER IS ALREADY

                    IN THE CONFERENCE ROOM.

                                 ACTING SPEAKER DENDEKKER:  IMMEDIATE

                    MEETING OF THE RULES COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM.

                    THE SPEAKER IS WAITING.

                                 MR. RAMOS.

                                 MR. RAMOS:  WE'D LIKE TO CALL UP RULES REPORT NO.

                    599, PAGE 32, DINOWITZ, FOLLOWED BY CALENDAR NO. 487, PAGE 62,

                    DINOWITZ.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A07058-A, RULES

                    REPORT NO. 599, DINOWITZ, WRIGHT.  AN ACT TO AMEND THE REAL PROPERTY

                    ACTIONS AND PROCEEDINGS LAW, IN RELATION TO ESTABLISHING THE UNIFORM

                                         421



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PARTITION OF HEIRS PROPERTY ACT.

                                 ACTING SPEAKER DENDEKKER:  MR. GOODELL.

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

                    YIELD?

                                 ACTING SPEAKER DENDEKKER:  WILL THE

                    SPONSOR YIELD?

                                 MR. DINOWITZ:  I WILL.

                                 ACTING SPEAKER DENDEKKER:  THE SPONSOR

                    YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. DINOWITZ.  AS YOU

                    KNOW, THIS BILL CHANGES SUBSTANTIALLY PARTITION ACTIONS FOR SOME, BUT NOT

                    ALL PARTITIONS.

                                 MR. DINOWITZ:  I CAN'T HEAR YOU THROUGH THE

                    RUBBER BANDS.-

                                 MR. GOODELL:  IT IS -- IT IS THAT TIME OF NIGHT

                    APPARENTLY.

                                 AS YOU KNOW, THIS BILL CHANGES THE PARTITION PROCESS

                    THAT'S USED WHEN TENANTS IN COMMON, THAT'D BE TWO OR MORE PEOPLE

                    OWN THE SAME PROPERTY, IF THEY WANT TO SPLIT IT UP OR SELL IT.  THE

                    CURRENT PROCESS IS VERY STRAIGHTFORWARD.  IF YOU HAVE TENANTS IN

                    COMMON, ANY ONE OF THE TENANTS CAN BRING AN ACTION FOR PARTITION.

                    THEY DON'T HAVE TO SHOW CAUSE.  THE COURT MAKES AN INITIAL EVALUATION

                    WHETHER THE PROPERTY CAN BE PHYSICALLY SPLIT IN AN EQUITABLE MANNER.  IF

                    SO, IT CAN ORDER THE PROPERTY TO BE PHYSICALLY SPLIT.  IF NOT, IT ORDERS THAT

                    IT'S SOLD AT A PUBLIC AUCTION.  AT THE PUBLIC AUCTION, OF COURSE, ANYONE

                                         422



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CAN BID, INCLUDING THE OTHER CO-TENANTS.  THE AUCTION CLOSES, THE

                    PROPERTY IS SOLD, THE MONEY IS SPLIT BETWEEN THE PARTIES IN PROPORTION TO

                    THEIR INTEREST.  VERY CLEAN, SIMPLE PROCESS, TYPICALLY TAKES A FEW

                    MONTHS.

                                 THIS CHANGES IT NOT FOR EVERYBODY, BUT JUST FOR SOME

                    PEOPLE.  IF ONE OF THE CO-TENANTS IS RELATED TO A DIFFERENT CO-TENANT AND

                    THEY OWN 20 PERCENT, THEN THIS PROCESS IS TRIGGERED, AS I UNDERSTAND IT;

                    THAT'S YOUR UNDERSTANDING AS WELL?

                                 AND THE PROBLEM, AND MAYBE YOU CAN ADDRESS IT, I JUST

                    WANT TO WALK THROUGH IT.  SO ON A NORMAL PARTITION PROCESS, YOU SERVE

                    AN ANSWER, THE OTHER SIDE HAS 20 OR 30 DAYS TO RESPOND.  THIS ONE, YOU

                    START IT THE SAME WAY, THEN ONCE YOU START IT, THE PLAINTIFF HAS TO POST A

                    NOTICE, RIGHT, ON THE PROPERTY, SAYING THIS PROPERTY IS THE SUBJECT OF A

                    PARTITION ACTION, WHICH COULD BE REALLY AWKWARD IF ONE OF THE TENANTS --

                    ONE OF THE CO-TENANTS LIVES IN THE HOUSE.  SO, YOU PUT A BIG SIGN ON

                    YOUR BROTHER'S HOUSE SAYING THIS IS SUBJECT TO A CO-TENANT, AND THAT SIGN

                    STAYS UP, RIGHT?  IT ANNOUNCES TO THE WORLD THAT THERE'S SOME LAWSUIT.

                    WHY WOULD WE FORCE -- WHY WOULD WE FORCE A PLAINTIFF TO PUT UP A SIGN

                    ON THE HOUSE ANNOUNCING THE PARTITION?

                                 MR. DINOWITZ:  WELL, I'LL GIVE YOU THE LONG ANSWER

                    IN A MINUTE, BUT THE SHORT ANSWER IS WE DON'T.

                                 MR. GOODELL:  WELL, I'M LOOKING AT PAGE 2 --

                                 MR. DINOWITZ:  RIGHT.

                                 MR. GOODELL:  -- LINE 37.

                                 MR. DINOWITZ:  RIGHT.

                                         423



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  "IF THE PLAINTIFF IN A PARTITION ACTION

                    SEEKS AN ORDER OF NOTICE BY PUBLICATION, THEN THE PLAINTIFF, NOT LATER

                    THAN TEN DAYS AFTER THE COURT'S DETERMINATION, SHALL POST AND MAINTAIN

                    WHILE THE ACTION IS PENDING, A CONSPICUOUS SIGN ON THE PROPERTY.".

                                 MR. DINOWITZ:  WELL, I'M LOOKING AT LINE 34 AND IT

                    SAYS, "THIS SECTION SHALL NOT LIMIT OR AFFECT THE METHOD BY WHICH

                    SERVICE OF A COMPLAINT IN A PARTITION ACTION MAY BE MADE."

                                 BUT LET ME -- LET ME BACK UP A LITTLE BIT, BECAUSE WHAT

                    YOU DESCRIBED IS NOT EXACTLY WHAT THE BILL IS AIMED AT AND, IN FACT, THIS

                    BILL IS AIMED AT HELPING PEOPLE PROBABLY MORE LIKELY TO BE IN YOUR

                    DISTRICT THAN MINE.  BECAUSE WHAT'S HAPPENED IN RECENT YEARS IS THAT

                    PREDETARY -- PREDATORY REAL ESTATE SPECULATORS HAVE TAKEN ADVANTAGE OF

                    THE CURRENT LAW BY PURCHASING A STAKE IN A PROPERTY SUCH AS THIS.  AND

                    THEN ONCE THEY -- SO LET'S SAY YOU HAVE FIVE PEOPLE, 20 PERCENT EACH, FOR

                    EXAMPLE, WHO HAVE A STAKE.  YOU KNOW, BROTHER, SISTER, COUSIN,

                    WHATEVER, AND THEN ONE OF THEM SELLS TO THIS PREDATORY REAL ESTATE

                    SPECULATOR.  THEN ONCE THAT PERSON IS IN, HE CAN TRY TO FORCE THE OTHER

                    PEOPLE OUT, IN ESSENCE, BECAUSE WITH A PARTITION ACTION, IT COULD BE THE

                    CASE THAT HE FORCES THEM TO SELL PENNIES ON THE DOLLAR.

                                 MR. GOODELL:  WELL, IS THIS LIMITED --

                                 MR. DINOWITZ:  AND I KNOW YOU DON'T SUPPORT

                    PREDATORY REAL ESTATE SPECULATORS.

                                 MR. GOODELL:  NO, AND WE -- I'VE NEVER RUN INTO IT

                    IN MY NEARLY 40 YEARS OF PRACTICE DOING REAL ESTATE.  BUT --

                                 MR. DINOWITZ:  WELL, THERE'S ALWAYS A FIRST TIME.

                                         424



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. GOODELL:  -- I UNDERSTAND THAT THERE MAY BE A

                    DIFFERENT ISSUE SOMEWHERE ELSE, BUT IS THIS LIMITED TO SITUATIONS WHERE

                    THE PLAINTIFF OR ONE OF THE PARTIES BUYS AN INTEREST AND IS -- AND THE

                    PLAINTIFF THEMSELVES IS UNRELATED?

                                 MR. DINOWITZ:  NO.

                                 MR. GOODELL:  SO, THIS APPLIES TO EVERYBODY.  AND

                    THE MOST COMMON SITUATION, BY THE WAY, DOESN'T INVOLVE PREDATORY

                    LENDING - I UNDERSTAND THAT'S A UNIQUE SITUATION IN SOME AREAS - BUT

                    MOST COMMON SITUATION IS WHERE YOU HAVE BROTHERS AND SISTERS THAT

                    MAYBE INHERITED THE HOUSE FROM THEIR PARENTS.

                                 MR. DINOWITZ:  THAT'S CERTAINLY ONE POSSIBLE

                    SCENARIO.

                                 MR. GOODELL:  SO LET ME FOLLOW THIS THROUGH.  SO,

                    THE FIRST THING IF YOU DO -- IF YOU HAVE TO DO A NOTICE BY PUBLICATION,

                    YOU HAVE TO POST AND MAINTAIN A SIGN ON THE HOUSE EVEN THOUGH YOUR

                    BROTHER OR SISTER MIGHT BE LIVING IN THE HOUSE, IT HAS TO BE

                    CONSPICUOUSLY POSTED THROUGHOUT THE WHOLE TIME PERIOD --

                                 MR. DINOWITZ:  YEAH.

                                 MR. GOODELL:  THEN THERE'S A MANDATORY

                    SETTLEMENT CONFERENCE, RIGHT, AND THAT'S ON, AT LEAST, MANDATORY WITHIN

                    60 DAYS.  SO, NOW WE'RE OUT THREE OR FOUR MONTHS AND THEN YOU HAVE TO

                    POST THIS SETTLEMENT CONFERENCE NOTICE ON THE HOUSE YOUR BROTHER OR

                    SISTER IS LIVING IN, AS WELL, AND MAINTAIN THAT.  AND THEN YOU GO TO THE

                    SETTLEMENT CONFERENCE AND IT'S POSSIBLE THAT ONE OF THE OTHER PARTIES

                    HAVEN'T ANSWERED.  NORMALLY, THAT'S THE END OF THEIR INVOLVEMENT,

                                         425



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THEY'RE IN DEFAULT, BUT THIS SAYS THAT THEY CAN ANSWER AT ANY TIME, RIGHT,

                    INCLUDING AFTER THE SETTLEMENT CONFERENCE.  SO THEY MIGHT -- INSTEAD OF

                    ANSWERING IN THE 20 DAYS, THEY MIGHT NOT ANSWER FOR 30, 40, 50, 60,

                    MAYBE 90 DAYS.  AND NORMALLY, BY THE WAY, YOU CAN FILE A LATE ANSWER

                    UNDER NORMAL LAW, BUT IN ORDER TO DO THAT, YOU HAVE TO ESTABLISH GOOD

                    CAUSE.  THIS DOESN'T ESTABLISH GOOD CAUSE, IT SAYS THE FACT YOU SHOWED

                    UP 90 DAYS LATE, 120 DAYS LATE, ITSELF IS GOOD CAUSE.  WHY ARE WE

                    ELIMINATING ANY GOOD CAUSE REQUIREMENT FOR NOT SHOWING UP AND

                    ANSWERING IN A TIMELY MANNER?

                                 MR. DINOWITZ:  WELL, I THINK YOU'RE MISSING -- IF

                    YOU WOULD REFER TO PAGE 3, LINE 16, IT SAYS, "AT THE FIRST" - AND I

                    EMPHASIZE THE WORD "FIRST" - "SETTLEMENT CONFERENCE HELD PURSUANT TO

                    THIS SECTION, IF THE DEFENDANT HAS NOT FILED AN ANSWER OR MADE A

                    PRE-ANSWER MOTION TO DISMISS, THE COURT SHALL" - AND THEN IT GIVES A LIST

                    OF, YOU KNOW, SECTION 1, 2, 3, 4, 5.  SO, I THINK THAT PROBABLY ADDRESSES

                    THE ISSUE THAT YOU RAISED.

                                 MR. GOODELL:  RIGHT.  AND I'M LOOKING AT, RIGHT

                    AFTER THAT, LINE 24, "A DEFENDANT WHO APPEARS AT THE SETTLEMENT

                    CONFERENCE BUT FAILED TO FILE A TIMELY ANSWER SHALL BE PRESUMED TO HAVE

                    A REASONABLE EXCUSE."  SO, YOU CAN WAIT, YOU KNOW, 100 DAYS, 120

                    DAYS, WHENEVER THEY SCHEDULE THAT CONFERENCE BECAUSE IT'S AFTER THE

                    FIRST 30 IF IT'S A PUBLICATION, AND THEN IT'S -- THEY HAVE TO SCHEDULE IT

                    WITH THE COURT AND THAT'S IN ANOTHER 60 DAYS, SO YOU'RE OUT 90, 120

                    DAYS.  AND YOU'RE AUTOMATICALLY PRESUMED TO HAVE A GOOD REASON FOR

                    BEING LATE?

                                         426



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. DINOWITZ:  WELL, AGAIN, LOOKING UP ON PAGE 2,

                    IT SAYS, AS FAR AS THE SETTLEMENT CONFERENCE, IT SAYS WITHIN 60 DAYS.  BUT

                    THE PURPOSE HERE --

                                 MR. GOODELL:  BY THE WAY, THAT 60 DAYS IS

                    MEASURED FROM WHEN A -- FROM WHEN A NOTE OF ISSUE IS FILED, ISN'T IT?

                                 MR. DINOWITZ:  IT'S FROM WHEN THE RJI IS FILED.

                                 MR. GOODELL:  YEAH, THE REQUEST FOR JUDICIAL

                    INTERVENTION, AND THAT DOESN'T -- YOU DON'T FILE THE REQUEST FOR JUDICIAL

                    INTERVENTION UNTIL THE ISSUE IS JOINED, RIGHT?  I MEAN -- YOU CAN'T FILE AN

                    RJI UNTIL THE ISSUE IS JOINED.

                                 MR. DINOWITZ:  ARE YOU GOING TO LET ME -- I'M

                    SORRY.  I'M BEING HIT BY A RUBBER BAND.  EXCUSE ME.

                                 MR. GOODELL:  I APOLOGIZE.

                                 MR. DINOWITZ:  THE PURPOSE OF THIS IS TO TRY TO

                    PROTECT SOME OF THE PEOPLE WHO LIVE THERE.  AND I WOULD THINK THAT THAT

                    WOULD BE A CONCERN OF YOURS, BUT YOU SEEM MOSTLY FOCUSED ON

                    PROTECTING THE PERSON WHO IS TRYING TO PUSH THEM OUT.

                                 MR. GOODELL:  NO, ACTUALLY --

                                 MR. DINOWITZ:  LET ME FINISH, PLEASE.  AND I THINK

                    WHAT WE'RE TRYING TO DO HERE IS TO SORT OF BALANCE THINGS A LITTLE BETTER.

                    BECAUSE UNDER THE CURRENT SCHEME, IN THE CURRENT LAW, THE PEOPLE IN

                    THE PARTITION ACTION WHO ARE ESSENTIALLY BEING SUED ARE REALLY AT A BIG

                    DISADVANTAGE.  AND SO, WE'RE JUST TRYING TO BALANCE THE SCALES HERE, AND

                    I'M SURE THAT THAT'S SOMETHING YOU'D WANT TO DO FOR YOUR CONSTITUENTS.

                                 MR. GOODELL:  WELL, BEFORE WE TALK ABOUT, YOU

                                         427



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    KNOW, WHAT MY PURPOSE MAY OR MAY NOT BE, I JUST WANT TO MAKE SURE

                    WE UNDERSTAND, YOU FILE THE NOTICE, YOU FILE THE PETITION.  TYPICALLY YOU

                    HAVE 20 OR 30 DAYS TO ANSWER DEPENDING WHETHER IT'S PERSONAL SERVICE.

                    YOU CAN DO DISCOVERY IF YOU WANT, MAYBE SOME OF THE PEOPLE ANSWER,

                    SOME DON'T.  YOU CAN DO DISCOVERY IF YOU WANT.  EVENTUALLY AFTER THE

                    ISSUE IS JOINED, YOU FILE A REQUEST FOR JUDICIAL INTERVENTION CALLED AN

                    RJI, RIGHT, AND THAT'S TYPICALLY A COUPLE MONTHS INTO THE ACTION.  AND

                    THEN THAT TRIGGERS THE 60 DAYS FOR A SETTLEMENT CONFERENCE.  AND THE

                    PERSON WHO DIDN'T SHOW UP AT THE BEGINNING, DIDN'T FILE AN ANSWER

                    DURING DISCOVERY, WALKS IN, THEN, TO THAT SETTLEMENT CONFERENCE, IT

                    COULD BE FOUR, FIVE, SIX MONTHS LATER, AUTOMATICALLY PRESUMED TO HAVE A

                    GOOD EXCUSE FOR BEING FIVE OR SIX MONTHS LATE.  WHY SHOULD THEY BE

                    AUTOMATICALLY PRESUMED TO HAVE A GOOD EXCUSE FOR NOT DOING ANYTHING

                    AND NOT FILING AN ANSWER ON TIME?

                                 MR. DINOWITZ:  WELL, I -- I THINK, AS I ALLUDED TO A

                    MOMENT AGO, I THINK WE WANT TO DO EVERYTHING WE CAN TO PROTECT THE

                    PEOPLE WHO, IN FACT, MAY BE LOSING THEIR HOME.  AND IF -- IF YOUR

                    CONCERN IS THAT THIS PROCESS MIGHT BE A LITTLE BIT LONGER THAN THE CURRENT

                    PROCESS, I'M NOT GOING TO SAY THAT THAT'S NOT NECESSARILY THE CASE, BUT I

                    DON'T KNOW THAT THAT'S REALLY THE MAIN POINT HERE --

                                 MR. GOODELL:  WELL, KEEP IN MIND THE PERSON

                    BRINGING --

                                 MR. DINOWITZ:  -- I THINK THE MAIN POINT IS WE

                    WANT TO PROTECT EVERYBODY INVOLVED, NOT JUST ONE SIDE OF IT.

                                 MR. GOODELL:  THE PERSON BRINGING THE PETITION

                                         428



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MAY BE THE PERSON WHO'S LIVING IN THE HOME AND THEY MAY BE THE

                    PERSON THAT'S THE ONE-FIFTH OWNER AND, THEREFORE, BROTHERS DON'T LIVE IN

                    THE HOUSE AND THEY'RE NOT GETTING ALONG, OR IT COULD BE SOMEONE OUTSIDE

                    THE HOUSE; THERE'S NO REAL CORRELATION, NECESSARILY.  I'VE DONE MORE THAN

                    ONE OF THESE PARTITION ACTIONS AND I'M HAPPY TO SHARE SOME OF THOSE

                    DETAILS, BUT GOING THROUGH THIS PROCESS, YOU NOW HAVE THE SETTLEMENT

                    CONFERENCE, RIGHT, AND -- AND IF YOU REACH AGREEMENT, GREAT.  IF YOU

                    DON'T, THE COURT HAS THE AUTHORITY TO ORDER AN APPRAISAL, RIGHT?

                                 MR. DINOWITZ:  I'M SORRY, THE COURT HAS WHAT?

                                 MR. GOODELL:  THE AUTHORITY TO ORDER APPRAISAL --

                    AN APPRAISAL.

                                 MR. DINOWITZ:  YES, THAT'S RIGHT.

                                 MR. GOODELL:  WHO PAYS FOR THAT?

                                 MR. DINOWITZ:  WHO PAYS FOR THE APPRAISAL?

                                 MR. GOODELL:  RIGHT.

                                 MR. DINOWITZ:  WELL, LET ME CHECK WHAT IT SAYS.

                                 (PAUSE)

                                 WELL, I ACTUALLY CAN'T FIND IT AT THE MOMENT.  PERHAPS

                    YOU'VE NOTICED IT SINCE YOU'VE STUDIED THIS AS WELL AS I HAVE.

                                 MR. GOODELL:  WELL, ACTUALLY IT'S -- AS FAR AS I

                    KNOW, IT'S SILENT.  IT JUST SAYS THE COURT ORDERS AN APPRAISAL.  AND I

                    ASSUME THE STATE'S NOT PAYING FOR IT, SO I WOULD ASSUME SOMEONE'S GOT

                    TO PAY FOR IT.  IS IT COMING OUT OF THE PROCEEDS OF THE SALE?

                                 MR. DINOWITZ:  PERHAPS.

                                 MR. GOODELL:  PERHAPS.  SO AN APPRAISAL TYPICALLY

                                         429



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TAKES ANYWHERE FROM A FEW WEEKS TO A FEW MONTHS TO OBTAIN,

                    DEPENDING ON THE REAL ESTATE SEASON.

                                 MR. DINOWITZ:  IT -- IT COULD CERTAINLY TAKE A FEW

                    WEEKS, BUT HERE'S THE THING:  WE WANT TO MAKE SURE THAT IF THIS PROPERTY

                    IS SOLD, IT'S SOLD FOR WHAT IT'S REALLY WORTH AND THAT THE PEOPLE WHO ARE

                    BEING SOLD OUT, IN ESSENCE, ARE NOT GETTING, YOU KNOW, GETTING A TERRIBLE

                    LOSS BECAUSE THEY'RE GETTING PENNIES ON THE DOLLAR AS A RESULT OF THE

                    CURRENT LAW, WHICH IS VERY UNFAVORABLE TO THE OTHER PEOPLE WHO LIVE

                    THERE.  AND, BY THE WAY, THEY'RE NOT ALWAYS, YOU KNOW, SIBLINGS OR

                    CLOSE RELATIVES, THEY COULD BE DISTANT COUSINS, FOR EXAMPLE, SO...

                                 MR. GOODELL:  I -- I AGREE, BUT, YOU KNOW, HAVING

                    DELAYED THE PROCESS FOR SEVERAL WEEKS UNTIL YOU GET AN APPRAISAL,

                    WHICH CAN BE ANYWHERE FROM SEVERAL HUNDRED TO THOUSANDS OF DOLLARS,

                    THIS BILL DOESN'T REQUIRE THAT THE APPRAISAL BE ACTUALLY USED, RIGHT?  IT'S

                    ONLY USED TO CALCULATE A RIGHT OF FIRST REFUSAL.  IT'S NOT USED TO DETERMINE

                    THE FINAL PRICE, RIGHT?  SO YOU COULD SPEND ALL THIS TIME, ALL THIS MONEY

                    AND THE APPRAISAL ENDS UP ON THE SHELF, RIGHT?  IT DOESN'T GUARANTEE

                    ANYBODY ANY MONEY.

                                 MR. DINOWITZ:  WELL, THERE ARE NO GUARANTEES IN

                    LIFE.

                                 MR. GOODELL:  I WOULD AGREE.  SO NOW YOU GET THE

                    APPRAISAL.  IF PEOPLE DON'T LIKE THE APPRAISAL, THEY HAVE 45 DAYS TO

                    BRING, IN ESSENCE, A LAWSUIT WITHIN THE LAWSUIT TO CHALLENGE THE

                    APPRAISAL.

                                 MR. DINOWITZ:  SOMETIMES DUE PROCESS IS A BIT OF

                                         430



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    A BURDEN, BUT MOST OF THE TIME IT'S, I'M SURE, WELL WORTH IT.

                                 MR. GOODELL:  AND THE REASON THEY MIGHT BRING

                    THAT LAWSUIT WITHIN THE LAWSUIT IS BECAUSE THE APPRAISAL, THE ONLY

                    PURPOSE OF THE APPRAISAL IS NOT TO GUARANTEE THE PRICE AT THE END, BUT IT

                    TRIGGERS THE RIGHT OF FIRST REFUSAL, RIGHT?

                                 MR. DINOWITZ:  OKAY.

                                 MR. GOODELL:  AND SO THEN, IF YOU HAVE -- IF YOU

                    HAVE MULTIPLE TENANTS, THAT RIGHT OF FIRST REFUSAL IS KIND OF A CASCADING

                    RIGHT, IF YOU WILL, UNTIL YOU FINALLY, IF EVER, COME TO SOMEBODY OWNING

                    THE PROPERTY.  NONE OF WHOM, BY THE WAY, COULD BE THE PLAINTIFF,

                    BECAUSE THE RIGHT OF FIRST REFUSAL APPLIES TO EVERYBODY EXCEPT THE

                    PLAINTIFF, CORRECT?

                                 MR. DINOWITZ:  SO, WHAT EXACTLY IS THE POINT

                    YOU'RE TRYING TO MAKE?

                                 MR. GOODELL:  WELL, WE TAKE A VERY SIMPLE, EASY

                    PROCESS THAT APPLIES TO EVERYBODY AND WE REPLACE IT WITH AN

                    EXTRAORDINARILY COMPLEX, EXPENSIVE, TIME-CONSUMING PROCESS THAT CAN

                    TAKE YEARS.  WHY WOULD WE --

                                 MR. DINOWITZ:  WELL, I THINK YOUR DESCRIPTION,

                    YOUR ADJECTIVES ARE A LITTLE HARSH.  IT'S NOT NECESSARILY "EXTRAORDINARILY

                    EXPENSIVE"; IT'S NOT NECESSARILY "EXTRAORDINARILY TIME-CONSUMING."  BUT

                    WHAT IT DOES DO IS IT HELPS PROTECT PEOPLE AND SOMETIMES WE WANT TO

                    PROTECT THE RIGHTS OF PEOPLE, MAYBE IT DOES TAKES A LITTLE LONGER, BUT IT

                    WILL -- THAT'S HOW WE HAVE TO DO THINGS SOMETIMES.  AND THERE'S A

                    REASON WHY THIS PARTICULAR LEGISLATION HAS THE SUPPORT OF THE NEW YORK

                                         431



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CITY BAR ASSOCIATION, THE UNIFORM LAW COMMISSIONERS AND OTHERS,

                    AND THAT'S BECAUSE THE ISSUE OF PREDATORY REAL ESTATE SPECULATORS HAS

                    BEEN A SERIOUS ONE IN A LOT OF CASES AROUND THE ENTIRE STATE.  AND SO,

                    THIS IS MEANT TO ADDRESS A PROBLEM THAT EXISTS AND I WOULD -- I WOULD

                    SAY THAT THIS IS GOING TO MAKE THINGS BETTER.

                                 ACTING SPEAKER AUBRY:  SO, MR. GOODELL, 15

                    HAS ELAPSED.

                                 MR. DINOWITZ:  WOW, TIME FLIES.

                                 MR. GOODELL:  IS THERE A LONG LINE BEHIND ME ON

                    THIS FASCINATING REAL ESTATE ISSUE?

                                 ACTING SPEAKER AUBRY:  LOOK BEHIND YOU.

                    NO.  THERE'S A -- A SECOND 15 IS ALWAYS AVAILABLE TO YOU.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    DINOWITZ.  I APPRECIATE YOUR COMMENTS.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  THE TYPICAL PARTITION, AND I WOULD

                    SAY THIS IS PROBABLY 95 PERCENT, ARE KIDS THAT HAVE INHERITED PROPERTY

                    FROM THEIR PARENTS FOR WHATEVER REASON.  IT'S NOT THAT THEY'RE FIGHTING,

                    BUT MAYBE ONE NO LONGER HAS AN INTEREST IN THE HOUSE, WANTS TO GET OUT,

                    WANTS TO CASH OUT OR WHATEVER.  THE CURRENT PROCESS IS FAIRLY QUICK AND

                    REASONABLY INEXPENSIVE.  AND WHAT WE'RE BEING ASKED TODAY IS TO

                    APPROVE A PROCESS THAT IS VERY EXPENSIVE, BECAUSE IT INVOLVES A LOT OF

                    LEGAL TIME, A LOT OF LAWYER TIME, MANDATORY SETTLEMENT CONFERENCES,

                    MANDATORY APPRAISALS WHICH, BY THE WAY, DON'T ACTUALLY END UP SETTLING

                                         432



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    EVERYTHING, BECAUSE AT THE END OF THE DAY AFTER SPENDING A YEAR,

                    YEAR-AND-A-HALF ON LAWYER FEES, THE PROPERTY ULTIMATELY GOES UP FOR

                    SALE.

                                 NOW, OF COURSE THIS IS SUPPORTED BY MY COLLEAGUES,

                    AND I HAVE TO MAKE A PITCH FOR THEM, BECAUSE THEY ALL HAVE MORTGAGES

                    TO PAY AND KIDS TO SEND TO SCHOOL, AND THIS IS, INDEED, A REAL ESTATE

                    LAWYER'S FULL EMPLOYMENT ACT.  BUT, UNFORTUNATELY, LIFE DOESN'T STOP

                    WHEN YOU START A PETITION.  AND IN THE MEANTIME, SOMEONE HAS TO KEEP

                    PAYING THE PROPERTY TAXES.  AND SOMEONE HAS TO KEEP PAYING THE

                    UTILITIES, AND THE HOMEOWNERS' INSURANCE AND ALL THE MAINTENANCE AND

                    REPAIR.  SO WHEN THIS GOES ON FOR A YEAR-AND-A-HALF, IF THERE'S NOBODY

                    PAYING THAT STUFF, YOU'RE LOOKING AT A TAX FORECLOSURE, YOU'RE LOOKING AT

                    UTILITY BILLS, POSSIBLE DAMAGE TO THE HOUSE.  THAT'S THE KIND OF SITUATION

                    I'VE RUN INTO IN MY PRACTICE.  AND I'VE HAD SITUATIONS WHERE ONE

                    BROTHER'S LIVING IN THE HOUSE, HE CAN'T AFFORD IT.  THEY HAD TO DO A

                    PARTITION ACTION, AND BEFORE THEY COULD COMPLETE THE PARTITION ACTION,

                    THEY HAD TO PAY OFF ALL THE BACK TAXES.

                                 SO MY FRIENDS, BEFORE WE TAKE A VERY SIMPLE,

                    STRAIGHTFORWARD PROCESS THAT'S BEEN SERVING NEW YORK RESIDENTS FOR

                    ABOUT 200 YEARS AND REPLACE IT WITH A LAWYER-INTENSIVE EXPENSIVE

                    PROCESS THAT WILL TAKE A YEAR-AND-A-HALF TO TWO YEARS TO COMPLETE, WE

                    REALLY NEED TO ASK:  WHY DO WE NEED THIS UNIQUE PROCESS THAT'S VERY

                    TIME CONSUMING AND EXPENSIVE, AS A BURDEN TO EVERYONE, WHEN THERE IS

                    SUCH A LIMITED PROBLEM IN THE FIRST PLACE.

                                 THANK YOU, SIR.  I WOULD RECOMMEND A VOTE AGAINST

                                         433



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THIS BILL.

                                 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. A02372, CALENDAR NO.

                    487, DINOWITZ.  AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW, IN

                    RELATION TO SETTLEMENTS IN TORT ACTIONS; AND TO REPEAL SECTION 15-108 OF

                    SUCH LAW RELATING TO RELEASE OR COVENANT NOT TO SUE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MR. DINOWITZ.

                                 MR. DINOWITZ:  OKAY.  THIS BILL AMENDS SECTION

                    15-108 OF THE GENERAL OBLIGATIONS LAW, AND THAT LAW APPLIES TO WHERE

                    A PLAINTIFF HAS REACHED A SETTLEMENT WITH AT LEAST ONE, BUT NOT LESS --

                    WELL, THAN ALL OF THE TORT FEES AS IN A CIVIL TORT ACTION.  NOW, UNDER

                    CURRENT LAW, WHEN THERE'S MORE THAN ONE DEFENDANT IN A TORT CASE, IF

                    ONE DEFENDANT SETTLES, BUT THE REMAINING DEFENDANTS HOLD OUT, FORCING

                    THE INJURED PLAINTIFF TO PROSECUTE AN EXPENSIVE TRIAL, THE REMAINING

                    NON-SETTLING DEFENDANTS MUST DECIDE HOW THEY WANT TO REDUCE THEIR

                    LIABILITY AFTER A VERDICT.  AND, OFTEN, THIS LEADS TO VERY UNJUST RESULTS.

                                         434



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SO, THIS BILL ATTEMPTS TO ADDRESS THAT SITUATION.  WOULD YOU LIKE ME TO

                    EXPLAIN HOW?

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO.

                                 MR. PALUMBO:  YES, NOW THAT I'VE BEEN CALLED ON.

                    GOOD MORNING, MR. DINOWITZ.  YES, WILL THE SPONSOR YIELD, PLEASE, MR.

                    SPEAKER?

                                 MR. DINOWITZ:  OF COURSE.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ YIELDS.

                                 MR. PALUMBO:  THANK YOU, MR. DINOWITZ.  AND,

                    YOU KNOW, I VOTE FOR THIS BILL, BUT I THINK THAT WE JUST WANTED TO

                    ALLEVIATE SOME CONCERNS AND QUESTIONS THAT SOME OF THE -- SOME

                    OPPOSITION MEMOS WERE GIVEN TO US ABOUT.  SO, IF YOU WOULDN'T MIND,

                    PLEASE, COMPLETE YOUR THOUGHTS.

                                 MR. DINOWITZ:  I DON'T MIND IN THE LEAST.

                                 MR. PALUMBO:  WHAT'S THAT; I'M SORRY?

                                 MR. DINOWITZ:  I DON'T MIND IN THE LEAST; IN FACT, I

                    LOOK FORWARD TO IT.

                                 MR. PALUMBO:  THANK YOU.  THANK YOU.  SO, I

                    THINK THE QUESTIONS WERE -- OR THE CONCERNS WERE THAT THIS WOULD

                    PROVIDE A WINDFALL FOR PLAINTIFFS, WHERE IT WOULD CREATE A SITUATION IF

                    THE SETTLING DEFENDANT WERE TO OFFER, SAY, AND AN EXAMPLE, AND I KNOW

                    THERE WAS ONE EXAMPLE THAT WAS GIVEN, THAT THE SETTLING DEFENDANT

                    WOULD PAY, SAY, $200,000.  THE DEFENDANT WHO CHOOSES TO GO TO TRIAL

                    WOULD THEN -- THERE WOULD BE A VERDICT, A 50/50 SPLIT AND A $300,000

                    VERDICT.  THEIR PROPORTION OF LIABILITY WOULD THEN BE HALF OF THAT, WHICH

                                         435



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WOULD BE $200,000 MORE.  SO, EVEN THOUGH THE JURY RENDERED A VERDICT

                    OF $300,000, IF THEY WERE TO HAVE TO ELECT THAT OPTION FIRST, THEN IT

                    WOULD BE A WINDFALL TO THE PLAINTIFF.  SO, CAN YOU PLEASE EXPLAIN THAT

                    AND MAYBE ALLEVIATE SOME OF THESE CONCERNS?

                                 MR. DINOWITZ:  SURE.  WELL, I THINK -- I THINK

                    "WINDFALL" IS REALLY NOT HOW I WOULD DESCRIBE THAT.  THE WAY THIS BILL

                    WOULD CHANGE THE STATUTE COULD VERY WELL WORK IN FAVOR OF THE PLAINTIFF,

                    IN TERMS OF THE AMOUNT OF DOLLARS THAT THE PLAINTIFF MIGHT GET, BUT NOT

                    NECESSARILY.  BUT THE REAL POINT HERE IS THAT UNDER THE CURRENT SET UP,

                    DEFENDANTS CAN -- CAN CHOOSE WHICH WAY TO GO AT ANY TIME.  AND WHAT

                    THIS WOULD INVOLVE, AND I'M JUST GOING TO LOOK AT IT HERE, THE DEFENDANT

                    WOULD HAVE TO MAKE A CHOICE EARLY ON IN THE GOING RATHER THAN GET --

                    GET A WINDFALL THEMSELVES IF THINGS KIND OF GO THEIR WAY AFTER THE

                    VERDICT.

                                 SO, UNDER THE BILL, THE NON-SETTLING -- THE NON-SETTLING

                    TORT FEES WOULD BE ALLOWED TO CHOOSE WHETHER HE OR SHE WOULD PREFER

                    TO DEDUCT THE SETTLER'S EQUITABLE SHARE OF THE CULPABILITY, OR WHETHER IT

                    WOULD, INSTEAD, PREFER A CREDIT EQUIVALENT TO THE AMOUNT WHICH THE

                    SETTLER PAID.  AND SUCH CHOICE MUST BE MADE PRIOR TO THE FIRST OPENING

                    STATEMENT OF TRIAL.  THAT'S WHAT THIS BILL WOULD PROVIDE.  IN THE CURRENT

                    LAW, THE NON-SETTLER WOULD NO LONGER - AS COMPARED TO THE CURRENT LAW-

                    THE NON-SETTLER WOULD NO LONGER BE ABLE TO PICK WITH THE BENEFIT OF

                    HINDSIGHT AND THUS BE ASSURED OF A WINDFALL.

                                 SO, YOU CALL THE -- YOU DESCRIBE THE WINDFALL ONE WAY,

                    AND -- I'M SUGGESTING THAT, REALLY, THE WINDFALL GOES WITH THE DEFENDANT,

                                         436



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BECAUSE THE DEFENDANT WOULD BE ABLE TO MAKE THAT DECISION WITH THE

                    HINDSIGHT, BEING ABLE TO LOOK, SEE WHAT HAPPENED.  SO WHAT THE BILL

                    DOES IS IT SAYS YOU'VE GOT TO MAKE YOUR CHOICE AT THE BEGINNING, NOT

                    AFTER YOU KNOW WHAT'S, YOU KNOW, ALL THE OTHER INFORMATION.

                                 MR. PALUMBO:  AND WHAT THE NUMBERS ARE, RIGHT.

                                 SO, IN THAT CIRCUMSTANCE, INSTEAD OF THE DEFENDANT --

                    WELL, LET ME SAY IT THIS WAY:  THE DEFENDANT STILL GETS TO ENTIRELY MAKE

                    THAT CHOICE ON THEIR OWN, THE ONLY DIFFERENCE IS THAT THIS BILL MAKES

                    THEM MAKE THAT DECISION PRIOR TO THE OPENING STATEMENT, VERSES AFTER

                    THE VERDICT, RIGHT?

                                 MR. DINOWITZ:  YES.

                                 MR. PALUMBO:  AND IS THAT BASICALLY THE ONLY

                    CHANGE IN THIS BILL THAT ULTIMATELY MAKES THIS MODIFICATION?

                                 MR. DINOWITZ:  I THINK THAT'S PRETTY MUCH IT.  THE

                    PURPOSE OF THIS, IN ESSENCE, IS TO ENCOURAGE SETTLEMENTS, SAVING --

                    SAVING THE TAXPAYERS MONEY, OBVIOUSLY.  WE DON'T WANT THE COURTS

                    ALWAYS CLOGGED UP.  IF -- IF DEFENDANTS ARE GIVEN AN INCENTIVE, BUT NOT A

                    CLUB OVER THEIR HEAD, BUT AN INCENTIVE TO SETTLE, THAT'S -- THAT'S A GOOD

                    THING IN MOST CASES.  SO, THAT'S WHAT THIS BILL DOES.

                                 MR. PALUMBO:  CERTAINLY.  AND THE CHOICE IS STILL

                    ENTIRELY THEIRS.  AND IN THAT EXAMPLE I GAVE, IN THE OTHER DIRECTION, SAY,

                    FOR EXAMPLE, THERE WAS -- DEFENDANT ONE SETTLED FOR $200,000;

                    DEFENDANT TWO DECIDED TO GO TO VERDICT AND DAMAGES WERE STILL

                    $300,000, BUT DEFENDANT TWO WAS ONLY FOUND TO BE 25 PERCENT LIABLE,

                    THE -- UNDER THIS -- UNDER THIS PARTICULAR SITUATION, THE PLAINTIFF WOULD

                                         437



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THEN ONLY RECEIVE $275,000 INSTEAD OF THE FULL $300,000 THEY WERE

                    AWARDED AT THE TRIAL; IS THAT ACCURATE?

                                 MR. DINOWITZ:  YES.

                                 MR. PALUMBO:  SO IT'S BASICALLY -- THIS JUST

                    BASICALLY -- THIS NOW SHIFTS THE ABILITY FOR THE DEFENDANT TO ALWAYS

                    CHOOSE THE LESSER AMOUNT, WHICH SOMETIMES DOES NOT MAKE THE

                    PLAINTIFF WHOLE, BUT STILL NOW GIVES THEM THE FULLY AUTONOMOUS

                    DECISION, BUT AT THE BEGINNING OF THE TRIAL; IS THAT FAIR -- IS THAT AN

                    ACCURATE WAY TO DESCRIBE IT?

                                 MR. DINOWITZ:  I COULD NOT HAVE SAID IT BETTER

                    MYSELF.

                                 MR. PALUMBO:  THANK YOU VERY MUCH.

                                 THANK YOU, MR. SPEAKER, AND THANK YOU, MR.

                    DINOWITZ.

                                 MR. DINOWITZ:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JANUARY 31ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, AT THIS TIME IF WE COULD

                                         438



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BEGIN CONSULTING THE -- THE A-CALENDAR, PAGE 3 -- CONSENTING, SORRY, THE

                    A-CALENDAR, PAGE 3.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00292-A, RULES

                    REPORT NO. 635, STECK.  AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN

                    RELATION TO THE IMPOSITION OF PENALTIES AND REMEDIES IN SUITS BROUGHT

                    FOR THE VINDICATION OF CIVIL RIGHTS OR HUMAN RIGHTS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01130-A, RULES

                    REPORT NO. 636, GOTTFRIED, WEPRIN, L. ROSENTHAL, ORTIZ, SIMON,

                    DICKENS, ARROYO, JAFFEE, D'URSO, DE LA ROSA, ABINANTI, LAVINE,

                    PEOPLES-STOKES, MOSLEY, AUBRY, WRIGHT, PICHARDO, STECK, COOK,

                    WALLACE, WILLIAMS, DAVILA, BICHOTTE, TAYLOR, NIOU, SEAWRIGHT,

                    MCDONOUGH, MONTESANO, BARRON, FERNANDEZ, SAYEGH, RAYNOR.  AN ACT

                    TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXPANDING HEALTH

                    DEPARTMENT REVIEW OF CORRECTIONAL HEALTH SERVICES.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  EXCUSE ME.  WE WILL

                    WITHDRAW THAT.

                                 ON A MOTION BY MR. GOTTFRIED, 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.

                                         439



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01906-A, RULES

                    REPORT NO. 637, ZEBROWSKI, JAFFEE, GOTTFRIED, THIELE, L. ROSENTHAL,

                    COOK, GALEF, DICKENS, D'URSO, BRONSON, SOLAGES, MONTESANO, RAIA,

                    COLTON, NORRIS, MANKTELOW.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO FIRE INSPECTIONS OF PUBLIC AND PRIVATE SCHOOLS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 60 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. A02373, RULES REPORT

                    NO. 638, DINOWITZ.  AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

                    RULES, IN RELATION TO PERMITTING A PLAINTIFF TO RECOVER AGAINST A THIRD

                    PARTY DEFENDANT IN CERTAIN CASES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                                         440



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04294, RULES REPORT

                    NO. 639, CUSICK, L. ROSENTHAL, ORTIZ, COLTON, ENGLEBRIGHT, HUNTER,

                    THIELE, GRIFFIN SAYEGH, SIMOTAS, DICKENS, CRESPO, D'URSO, TAYLOR,

                    ARROYO, SIMON, GOTTFRIED, COOK, FERNANDEZ, CARROLL, DINOWITZ, QUART,

                    RAIA, DESTEFANO, CROUCH, STERN, GALEF, STECK, FALL, REYES, ABINANTI,

                    BARRON, LUPARDO, PAULIN, PERRY, FAHY, D. ROSENTHAL, MOSLEY, WALCZYK,

                    JONES, MCDONALD, LIFTON, SOLAGES, ZEBROWSKI.  AN ACT IN RELATION TO

                    MAINTAINING THE CONTINUED VIABILITY OF THE STATE'S EXISTING LARGE-SCALE,

                    RENEWABLE ENERGY RESOURCES.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    CUSICK, 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.)

                                 MR. PALMESANO TO EXPLAIN HIS VOTE.

                                 MR. PALMESANO:  YES, THANK YOU, MR. SPEAKER.

                    THIS ISSUE CERTAINLY I CAN UNDERSTAND, THERE'S GOOD ARGUMENTS AND

                    ARGUMENTS TO BE MADE ON BOTH SIDES OF THIS LEGISLATION.  I'VE TALKED

                    WITH THE SPONSOR OF THE BILL AND THE CHAIRMAN OF THE ENERGY

                    COMMITTEE AND REALLY, THIS ISSUE CENTERS AROUND SUBSIDIES FOR OUR

                    RENEWABLES THAT ARE PAID FOR BY THE RATEPAYERS, BASICALLY HOW LONG,

                                         441



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HOW MUCH, AT WHAT LEVEL.  A TIER 1, WHICH IS FOR NEW RENEWABLES THAT

                    ARE GETTING ADDED TO THE SYSTEM, OR A TIER 2, WHICH THIS LEGISLATION

                    CREATES, WHICH IS AT A -- 75 PERCENT OF THE TIER 1.

                                 SOME OF THE ARGUMENTS AGAINST THIS BILL ARE, NUMBER

                    ONE, IT DOESN'T ADD NEW RENEWABLES TO THE SYSTEM TO HELP INCREASE US

                    GETTING TOWARDS OUR GOALS.  ANOTHER ARGUMENT AGAINST IT WOULD BE

                    SOME OF THESE FACILITIES HAVE ALREADY HAVE A TEN YEAR SUBSIDY CONTRACT

                    TO COVER THEIR CAPITAL COSTS AND CONSTRUCTION COSTS.  SO, AT SOME POINT

                    THEY SHOULD BE ABLE TO GO AND COMPETE ON THEIR OWN WITHOUT THE

                    SUBSIDY.  AND IF YOU PROVIDE THE SUBSIDY, IT'S GOING TO INCREASE COSTS

                    FOR RATEPAYERS BY CONTINUING IT FURTHER.

                                 BUT SOME OF THE ARGUMENTS FOR IT, CERTAINLY WITH THE

                    NEW CLIMATE BILL WE PASSED, REGARDLESS OF YOUR VIEW OF THE LEGISLATION,

                    THERE'S AN ARGUMENT TO BE -- ARGUMENT TO BE MADE THAT SHOULD WE KEEP

                    THE RENEWABLES WE HAVE IN THE SYSTEM TO KEEP THEM GOING TO HELP US

                    GET TOWARDS OUR GOAL, BECAUSE THERE HAVE BEEN CONCERNS RAISED THAT IF

                    SOME OF THESE FACILITIES WERE TO CLOSE OR IF THEY WERE TO SELL THEIR POWER

                    OUTSIDE THE STATE, WE WOULD LOSE THAT AND THEN THAT GENERATION TOWARDS

                    THAT AMOUNT.  AND THEN IF WE DID THAT, WE'D HAVE TO REPLACE THAT

                    EXISTING WITH THE NEW AGAIN, WHICH WOULD BE A HIGHER SUBSIDY

                    COMPARED TO THE TIER 2.  SO THE ARGUMENT CAN BE MADE THAT IF YOU'RE

                    DOING A TIER 2 VERSUS NEW YOU'RE SAVING THE TAX -- THE RATEPAYERS SOME

                    MONEY, AND WE ALSO KNOW IT'S NOT ALWAYS EASY TO SITE A WIND FARM OR A

                    SOLAR FARM, SO THAT CAN BE A CHALLENGE.  AND CERTAINLY, FOR SOME OF MY

                    COLLEAGUES WHO MIGHT HAVE A FACILITY IN THEIR DISTRICT THAT'S PROVIDING

                                         442



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    JOBS AND ADDING TO THE TAX BASE, I KNOW THERE ARE SOME MEMBERS ON

                    OUR SIDE AND SOME MEMBERS ON YOUR SIDE, I KNOW IT'S IMPORTANT TO YOU

                    AND TO YOUR DISTRICTS.

                                 SO I GUESS JUST IN REGARDS TO THIS DISCUSSION, I JUST

                    WANT TO ADD TO THE PERSPECTIVE FROM THE BROADER THEME REGARDING THE

                    SUBSIDIES, WHETHER WE'RE DOING TIER 1 OR TIER 2.  AT SOME POINT, MR.

                    SPEAKER, AND MY COLLEAGUES, WE HAVE TO HAVE AN END DATE AND TIME ON

                    THESE SUBSIDIES, THEY CAN'T BE PERMANENT.  AND AT SOME POINT, THESE

                    FACILITIES ARE GOING TO HAVE TO BE ABLE TO SURVIVE AND COMPETE ON THEIR

                    OWN IN THE MARKETPLACE AND NOT CONTINUE TO ASK THE RATE -- RATEPAYERS

                    TO SUBSIDIZE THEIR OPERATIONS.  AND, AGAIN, WHEN WE TALK ABOUT THE

                    RATEPAYERS, WE'RE TALKING ABOUT SENIORS, FAMILIES, BUSINESSES, FARMERS,

                    HIGH INTENSITY ENERGY USERS LIKE OUR MANUFACTURERS.

                                 SO IN THE HOPE -- SO, MR. SPEAKER AND MY COLLEAGUES,

                    IN THE HOPES OF KEEPING THIS ISSUE IN THIS PERSPECTIVE AND PART OF THE

                    DISCUSSIONS AS WE MOVE FORWARD ON THIS ISSUE, I'M GOING TO BE VOTING

                    NO ON THIS LEGISLATION.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO IN THE

                    NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04431, RULES REPORT

                    NO. 640, ABBATE, COLTON, WOERNER, RAMOS, WALLACE, STECK,

                    MCDONOUGH, WEPRIN, GRIFFIN, BUTTENSCHON, BENEDETTO, JACOBSON,

                                         443



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    SANTABARBARA, JAFFEE, JONES.  AN ACT TO AMEND THE RETIREMENT AND

                    SOCIAL SECURITY LAW, IN RELATION TO ESTABLISHING A 20 YEAR RETIREMENT

                    PLAN FOR MEMBERS OR OFFICERS OF LAW ENFORCEMENT.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 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. A04748-A, RULES

                    REPORT NO. 641, CROUCH.  AN ACT AUTHORIZING THE TOWN OF HANCOCK,

                    COUNTY OF DELAWARE, TO ALIENATE AND CONVEY CERTAIN PARCELS OF LAND

                    USED AS PARKLANDS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    CROUCH, 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 AUBRY:  THE CLERK WILL RECORD

                                         444



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06373, RULES REPORT

                    NO. 60 -- 643, ENGLEBRIGHT, PEOPLES-STOKES, PALMESANO, L. ROSENTHAL,

                    COLTON, ORTIZ, ABINANTI, EPSTEIN, BARRON, LIFTON, CARROLL, GRIFFIN,

                    THIELE, GOTTFRIED, D'URSO, STERN, STECK, REYES, MOSLEY, OTIS, PAULIN,

                    PERRY, D. ROSENTHAL, FAHY, WALLACE, SIMON, JONES, SOLAGES, STIRPE.

                    AN ACT TO AMEND ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

                    ESTABLISHING A POSTCONSUMER PAINT COLLECTION PROGRAM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06556-A, RULES

                    REPORT NO. 644, BUCHWALD.  AN ACT TO AMEND THE LIEN LAW, IN RELATION

                                         445



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TO NOTICE OF ENFORCEMENT OF A LIEN ON THE GOODS IN A SELF-STORAGE

                    FACILITY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06592, RULES REPORT

                    NO. 645, RYAN, DE LA ROSA, WALLACE, COLTON, CARROLL, REYES,

                    DENDEKKER, TAYLOR, MCMAHON, RAMOS, NOLAN, JAFFEE, DESTEFANO,

                    BRONSON, PERRY.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

                    DECREASING THE LENGTH OF THE SUSPENSION PERIOD APPLICABLE TO CERTAIN

                    STRIKING WORKERS WHO SEEK TO OBTAIN UNEMPLOYMENT INSURANCE BENEFITS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06738, RULES REPORT

                    NO. 646, DIPIETRO.  AN ACT TO AUTHORIZE DUSTIN WALDRON TO RECEIVE

                    CERTAIN SERVICE CREDIT UNDER SECTION 384-D OF THE RETIREMENT AND

                    SOCIAL SECURITY LAW.

                                         446



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    DIPIETRO, 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 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. A07172, RULES REPORT

                    NO. 647, GUNTHER, GOTTFRIED, BRONSON.  AN ACT TO AMEND THE PUBLIC

                    HEALTH LAW, IN RELATION TO ORDERS NOT TO RESUSCITATE; AND TO REPEAL

                    ARTICLE 29-B OF THE PUBLIC HEALTH LAW RELATING TO ORDERS NOT TO

                    RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE -- 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.

                                         447



                    NYS ASSEMBLY                                                      JUNE 20, 2019


                                 THE CLERK:  ASSEMBLY NO. A07202, RULES REPORT

                    NO. 648, SIMON, WOERNER, BUTTENSCHON D'URSO, CRUZ, BLAKE,

                    JEAN-PIERRE, SAYEGH, FERNANDEZ, JAFFEE, ASHBY, MONTESANO,

                    DESTEFANO, GIGLIO, STIRPE, GRIFFIN.  AN ACT TO AMEND THE STATE FINANCE

                    LAW, IN RELATION TO ESTABLISHING THE CIVIC EDUCATION FUND.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07215, RULES REPORT

                    NO. 649, SMULLEN.  AN ACT TO AMEND THE COUNTY LAW, IN RELATION TO THE

                    FULL-TIME STATUS OF THE DISTRICT ATTORNEY OF HAMILTON COUNTY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    SMULLEN, 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

                                         448



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. SMULLEN TO EXPLAIN HIS VOTE.

                                 MR. SMULLEN:  THANK YOU, MR. SPEAKER.  AND

                    GOOD MORNING.

                                 MEMBERS:  GOOD MORNING.

                                 MR. SMULLEN:  GOOD MORNING.  THIS IS A GREAT BILL

                    FOR HAMILTON COUNTY AND THE PEOPLE OF THE 118TH ASSEMBLY DISTRICT.

                    THEY'RE IN THE HUNT TO GET A FULL-TIME DISTRICT ATTORNEY.  I REALLY WANT

                    TO SAY THANKS TO A COUPLE OF PEOPLE.  THANK YOU TO THE CHAIRMAN OF THE

                    LOCAL GOVERNMENTS COMMITTEE FOR MOVING THIS BILL.  I WANT TO SAY

                    THANK YOU TO ALL THE STAFF WHO MADE IT POSSIBLE.  I ALSO WANT TO MAKE

                    SURE THAT I MENTION THE CHAIRMAN OF THE HAMILTON COUNTY BOARD OF

                    SUPERVISORS, CHAIRMAN BILL FARBER, HE'LL BE VERY HAPPY THAT THIS BILL IS

                    -- IS MOVING FORWARD THIS MORNING.  AND I WANT TO SAY THANK YOU TO ALL

                    MY COLLEAGUES ON THE BOARD WHO ARE SUPPORTING THIS MEASURE TO ENSURE

                    THAT THE PEOPLE WHO ENJOY LIBERTY IN HAMILTON COUNTY ARE NOW GOING

                    TO ENJOY THE JUSTICE FROM A FULL-TIME DISTRICT ATTORNEY.  THANK YOU ALL

                    VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. SMULLEN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. SMULLEN, IS THIS THE FIRST BILL THAT YOU PASSED ON

                                         449



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    THE LAST DAY OF THE WORLD?  THANK YOU.

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07431-B, RULES

                    REPORT NO. 650, ROZIC, FAHY, D. ROSENTHAL, WALLACE, MCMAHON, DE

                    LA ROSA, BLAKE, RYAN, CRESPO, SIMOTAS, VANEL, DENDEKKER, PHEFFER

                    AMATO, LUPARDO, SANTABARBARA, HYNDMAN, MOSLEY, MCDONALD,

                    JACOBSON, FERNANDEZ, SAYEGH, COLTON, CRUZ, DESTEFANO, ORTIZ,

                    WOERNER, REYES, BARRON, LAVINE, HUNTER, BRONSON, MORINELLO, STERN,

                    RAYNOR, BURKE, MCDONOUGH, RODRIGUEZ, ROMEO, BUTTENSCHON,

                    JEAN-PIERRE, PICHARDO, D'URSO, WEPRIN, DICKENS, B. MILLER, JONES,

                    GRIFFIN, STECK, LIFTON, SOLAGES, BUCHWALD, CUSICK, M.L. MILLER,

                    PAULIN, SIMON, WALKER.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

                    IN RELATION TO BICYCLES WITH ELECTRIC ASSIST AND ELECTRIC SCOOTERS; AND

                    PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON THE EXPIRATION

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 180TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         450



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  I SUPPORT THIS

                    BILL BECAUSE I BELIEVE ONCE IT BECOMES LAW, IT WILL HELP A NUMBER OF MY

                    CONSTITUENTS, OUR CONSTITUENTS WHO HAVE SUFFERED BY BEING PULLED OVER

                    BY THE NYPD AS THEY'RE RIDING THEIR E-BICYCLES AND BEING FINED

                    HUNDREDS AND HUNDREDS OF DOLLARS.  BUT FOR DAYS, I HAD SOME

                    HESITATIONS AROUND THE E-SCOOTERS PORTION OF THIS LEGISLATION BECAUSE I

                    COULDN'T FIGURE OUT WHY WE WOULD HAVE TO INCLUDE THAT PORTION OF THIS

                    BILL.  AND WHEN SOME OF THESE COMPANIES CAME INTO OUR COMMUNITY

                    AND OFFERED SOLUTIONS TO HELP SOME OF THE LOW-INCOME COMMUNITIES

                    AND SOME OF THE FOLKS THAT REALLY DESPERATELY NEED MICRO-MOBILITY

                    SOLUTIONS, I COULDN'T FIND ANY DATA THAT WOULD PROVE THAT THEY WOULD

                    ACTUALLY HAVE A POSITIVE IMPACT ON LOW-INCOME COMMUNITIES WHO DID

                    -- WHO DID NOT HAVE CAPACITY TO ACTUALLY PAY FOR SOME OF THESE SHARING

                    BICYCLES.  BUT WITH -- WITH THE HELP OF THE SPONSOR, WE WERE ABLE TO

                    FIGURE OUT THAT THIS IS THE LOW -- THE CITIES AND LOCALITIES HAVE FULL

                    DISCRETION OF WHETHER ALLOWING THESE E-SCOOTERS AND E-BICYCLES TO EXIST,

                    AND THE CITY OF NEW YORK HAS COMMITTED TO WORKING WITH US TO MAKE

                    SURE THAT IT HAS A POSITIVE IMPACT IN OUR CITY OF NEW YORK.  SO, I LOOK

                    FORWARD TO CONTINUE TO MONITOR THE STATUS OF THIS AND MAKE SURE THAT ALL

                    OF OUR COMMUNITIES IN A SAFE WAY IS TAKING CARE OF MOVING FORWARD.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. KIM IN THE

                    AFFIRMATIVE.

                                 MS. NIOU.

                                         451



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. NIOU:  THANK YOU, MR. SPEAKER.  WHEN E-BIKE

                    CRACKDOWNS BEGAN IN 2017, THE PRIMARY TARGETS OF THE LAW ENFORCEMENT

                    WERE OUR DELIVERY WORKERS WHO ARE IMMIGRANT, LOW-INCOME PEOPLE OF

                    COLOR WITH LIMITED ENGLISH PROFICIENCY.  OUR DELIVERY WORKERS PROVIDE

                    24/7 FOOD DELIVERY IN BRUTAL WEATHER CONDITIONS, WORKING LONG HOURS

                    AND STILL MAKING LESS THAN MINIMUM WAGE.  RIGHT NOW, DELIVERY

                    WORKERS FACE A $500 TICKET FOR SIMPLY HAVING AN E-BIKE.  OUR WORKERS

                    FACE HUNDREDS IF NOT THOUSANDS OF DOLLARS IN FINES AND OFTEN, THE

                    OUTRIGHT CONFISCATION OF THEIR E-BIKES FOR SIMPLY WORKING.

                                 WITH THIS BILL, THE LEGAL CLARIFICATION ON E-BIKES IS

                    NEEDED, BUT OUR WORKERS WILL STILL FACE TREMENDOUS UNDER FARE FINES.

                    MANY E-BIKES REMAIN IMPOUNDED WITH NO SET RECLAIMING PROCESS.

                    THERE IS NO MORATORIUM IN PLACE ON FURTHER TICKETING WHILE THE BILL

                    TAKES EFFECT, AND THE LEGISLATION ALSO ONLY LEGALIZES THROTTLE BIKES UP TO

                    25 MILES PER HOUR; MOST OF OUR WORKERS UTILIZE BIKES THAT GO UP TO 28

                    MILES PER HOUR.  THIS MEANS THAT OUR WORKERS WILL BE RESPONSIBLE FOR

                    CONVERTING THE E-BIKES, WHICH CAN BE EXPENSIVE.  IN ADDITION, THE

                    UPCOMING LABEL REQUIREMENT FOR E-BIKES IS UNCLEAR, AND WE HOPE THIS

                    DOES NOT LEAD TO MORE TICKETS.

                                 THAT SAID, THE LEGALIZATION OF E-BIKE USAGE IS LONG

                    OVERDUE AND I THANK THE SPONSOR FOR PROVIDING THAT.  BUT WE ALSO HAVE

                    TO RECOGNIZE AND ADDRESS WHAT THE FORMER SPEAKER JUST SAID THAT WE

                    HAVE TO ADDRESS THE FACT THAT THIS BILL SERVES VERY TWO VERY SEPARATE SETS

                    OF INTERESTS FROM TWO VERY DIFFERENT GROUPS OF STAKEHOLDERS.  E-SCOOTER

                    COMPANIES HAVE NOW, IN THIS BILL, TIED THEIR AGENDA TO OUR DELIVERY

                                         452



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WORKERS WITHOUT THE SAME NECESSARY PROCESSES.  THERE ARE STILL

                    ENVIRONMENTAL ACCESSIBILITY CONCERNS THAT ARE NOT ADDRESSED.

                    E-SCOOTERS AREN'T USED FOR WORK, E-SCOOTERS AREN'T REPLACING CARS IN OUR

                    CITY AS THE COMPANIES WANTS US TO BELIEVE.  THEY REPLACE WALKING,

                    BIKING AND PUBLIC TRANSIT, LEAVING A HIGHER CARBON FOOTPRINT.  THE

                    USAGE OF E-SCOOTERS ACTUALLY PUTS MORE CARS ON THE STREETS, PICKING UP

                    THEIR SCOOTERS.  THEIR BATTERIES ARE ALSO NON-RECYCLABLE AND REQUIRE

                    SPECIAL PROCESSING CENTERS TO DISPOSE.  ALL THE WHILE, OUR DISABILITY

                    COMMUNITY AND SENIORS CONTINUE TO HAVE MAJOR CONCERNS WITH THE

                    CURRENT LACK OF ACCESSIBILITY IN THE CITY.

                                 I WANT TO SAY ON THE RECORD THAT IF E-SCOOTER

                    COMPANIES FAIL TO ADDRESS THE ISSUES THEY BRING TO LOCAL CITIES, OUR

                    WORKERS CANNOT BE A SCAPEGOAT FOR THEIR FAILURE.  MY COMMUNITY

                    CANNOT CONTINUE TO TAKE THE HITS.  SO EVEN WITH THESE CONCERNS, I WANT

                    TO VOTE IN THE AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. NIOU IN THE

                    AFFIRMATIVE.

                                 MR. DENDEKKER.

                                 MR. DENDEKKER:  THANK YOU, MR. SPEAKER.  I'D

                    LIKE TO COMMEND THE SPONSOR ON THIS BILL.  I THINK IT'S VERY IMPORTANT

                    FOR AREAS LIKE MINE WHERE WE HAVE THE ISSUE WITH THE LAST MILE OF

                    GETTING PEOPLE TO AND FROM PUBLIC TRANSPORTATION BECAUSE OUR BUS

                    SYSTEMS ARE NOT WORKING AS WELL AS THEY SHOULD.  THEY DON'T COME

                    OFTEN ENOUGH AND PEOPLE ARE GETTING TIRED OF WAITING.  AND HAVING

                    ALTERNATIVE TRANSPORTATION LIKE TAKING E-BICYCLES OR E-SCOOTERS TO MASS

                                         453



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    TRANSIT WILL BE, I THINK, OF A GREAT NEED AND A GREAT HELP TO MY

                    CONSTITUENTS SO I'LL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER IN

                    THE AFFIRMATIVE.

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  I WILL BRIEFLY

                    EXPLAIN MY VOTE.  WHILE I AM GOING TO VOTE IN THE AFFIRMATIVE, I HAVE

                    CONCERNS ABOUT THE E-SCOOTERS THAT HAVE PROLIFERATED IN OTHER

                    JURISDICTIONS.  BUT IN VIEW OF THE FACT THAT MANHATTAN HAS BEEN CARVED

                    OUT FROM THE E-SCOOTERS -- AND PEOPLE, WE HAVE A GREAT DEAL OF PUBLIC

                    TRANSIT AND I BELIEVE THAT PEOPLE SHOULD ACTUALLY SPEND MORE TIME

                    WORKING -- WALKING - AND WORKING, HERE WE ARE - BUT SHOULD SPEND

                    MORE TIME WALKING AND GETTING THE EXERCISE.  AND IN A CONGESTED PART

                    OF TOWN, I DON'T THINK WE HAVE THE SPACE TO DEAL WITH E-SCOOTERS,

                    ESPECIALLY ON SIDEWALKS, WHICH WE HAVE A LOT OF COBBLESTONE STREETS, SO

                    IT'S VERY HARD FOR SOMEBODY TO RIDE AN E-SCOOTER ON THOSE COBBLESTONE

                    STREETS, SO THEY POP ONTO THE SIDEWALK.  SO THEY'RE EXISTING, BUT WE AT

                    LEAST WILL NOT HAVE THE COMPANIES SETTING UP SHOP AND HAVING THEM

                    TOSSED AROUND ON THE SIDEWALKS.  THANK YOU.  I WITHDRAW MY REQUEST.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MS. FAHY.

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

                    EXPLAIN MY VOTE.  AND I WANT TO START BY COMMENDING THE SPONSOR.

                    I'VE CO-SPONSORED A NUMBER OF BILLS OVER THE YEARS TO PROMOTE E -- THE

                                         454



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    BIKES, NOW CERTAINLY E-SCOOTERS.  AND THERE'S A WHOLE HOST OF REASONS

                    ON WHY TO DO THIS.  BUT I AGREE WITH THE NUMBER OF SPEAKERS, IT'S ALSO

                    AN IMPORTANT PIECE HERE THAT THERE WILL BE LOCAL CONTROL, LOCAL

                    MANAGEMENT OF THE E-BIKES AND E-SCOOTERS.  BUT JUST AS WE PASSED THE

                    CLIMATE BILL YESTERDAY, TO ME THIS IS ANOTHER CLIMATE BILL.  THIS IS ABOUT

                    HELPING THE ENVIRONMENT WHILE HELPING WORKERS, HELPING TOURISTS AND

                    HELPING ON THAT LAST MILE.  THIS IS A CRITICAL PIECE OF TRANSPORTATION

                    ALTERNATIVE, ESPECIALLY FOR WORKERS WHO OFTEN HAVE LIMITED, LIMITED

                    OPTIONS.  AT THE SAME TIME, THIS IS ALSO GREAT FOR SMALL BUSINESSES

                    BECAUSE THE MORE WE HAVE PEOPLE OUT OF THEIR CARS AND WALKING, BIKING

                    OR SCOOTERING, THE MORE WE ARE SUPPORTING LOCAL BUSINESSES IN OUR

                    DOWN -- IN OUR CENTRAL BUSINESS DISTRICTS, WHETHER IT'S IN TOWNS OR CITIES.

                    SO, THIS IS A TERRIFIC BILL AND I, AGAIN, COMMEND THE SPONSOR.  THANK

                    YOU, MR. SPEAKER, AND WITH THAT I'M IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MR. EPSTEIN.

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

                    EXPLAIN MY VOTE.  I WANT TO THANK THE SPONSOR FOR MOVING THIS THING

                    FORWARD.  I HOPE THAT WHEN WE -- THIS PROGRAM ROLLS OUT, WE THINK ABOUT

                    OUR VALUES, WE THINK ABOUT MWBE AND MAKING SURE THAT WE HIRE THE

                    COMPANIES THAT ARE PUTTING FORWARD THESE PROGRAMS ARE MINORITY- AND

                    WOMEN-BUSINESS OWNED.  I ALSO WANT TO MAKE SURE THAT WE THINK ABOUT

                    PREVAILING WAGE AND THESE COMPANIES ENSURE THAT THEY PAY THEIR

                    WORKERS PREVAILING WAGE.  OUR LOCALITIES HAVE A LOT OF CONTROL OVER THIS

                                         455



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    INDUSTRY AND IN DOING THAT, WE SHOULD EXPRESS THEIR VALUES THAT WE

                    CONTINUE TO EXPRESS HERE IN THE ASSEMBLY.  I'LL BE VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN IN THE

                    AFFIRMATIVE.

                                 MS. ROZIC TO EXPLAIN HER VOTE.

                                 MS. ROZIC:  THANK YOU, MR. SPEAKER.  I KNOW IT'S

                    LATE, OR EARLY, HOWEVER YOU WANT TO SEE IT, BUT I DO WANT TO RISE TO

                    EXPLAIN MY VOTE ON THIS IMPORTANT LEGISLATION.  NEW YORK IS ONE OF THE

                    LAST STATES LEFT IN THIS COUNTRY THAT HAS YET TO LEGALIZE AND DEFINE ELECTRIC

                    BIKES AND SCOOTERS, WHICH HAS CREATED CONFUSION OVER HOW THESE

                    DEVICES SHOULD BE REGULATED.  IN NEW YORK CITY, THIS HAS RESULTED IN

                    THE ONGOING CRIMINALIZATION OF DELIVERY WORKERS, THE MAJORITY OF WHOM

                    ARE PREDOMINANTLY LOW-WAGE IMMIGRANT NEW YORKERS FREQUENTLY

                    TARGETED BY POLICE, HIT WITH FINES AND AT RISK OF HAVING THEIR E-BIKES

                    CONFISCATED, RESULTING IN LOST WAGES.

                                 NOT ONLY IS THIS BILL A MATTER OF ECONOMIC JUSTICE FOR

                    DELIVERY WORKERS WHOSE JOB SECURITY IS UNDER CONSTANT THREAT, IT'S ALSO

                    ABOUT INVESTING IN SUSTAINABLE AND AFFORDABLE MODES OF TRANSIT.  IN

                    COMMUNITIES LIKE THE ONES THAT I REPRESENT IN EASTERN QUEENS, TRANSIT

                    RIDERS ARE IN NEED OF IMPROVED CONNECTIVITY TO GET AROUND.  I REALLY

                    BELIEVE THAT THESE COULD -- THESE COULD SERVE AS A VIABLE SOLUTION IN

                    TRANSIT DESERTS ACROSS NEW YORK AND COULD MITIGATE CARBON POLLUTION

                    AND EASE CONGESTION ON OUR STREETS.

                                 THIS BILL TAKES A CONSENSUS APPROACH LIKE OTHER STATES

                                         456



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HAVE TAKEN IN REGULATING E-BIKES AND SCOOTERS BY TREATING THEM SIMILAR

                    TO BIKES, WHICH GRANT ALL THE RIGHTS AND DUTIES OF BIKES.  IT ALSO

                    PRESERVES LOCAL -- LOCAL CONTROL AND AUTHORITY SO THAT CITIES, TOWNS CAN

                    DO WHAT WORKS FOR THEM.  I WANT TO THANK THE SPEAKER, HIS ENTIRE STAFF,

                    THE CHAIR OF THE TRANSPORTATION COMMITTEE FOR HIS VISION ON THIS BILL,

                    JULIE BARNEY AND THE ENTIRE TRANSPORTATION TEAM WHO WORKED TIRELESSLY

                    INTO THE WEE HOURS OF THE NIGHT TO MAKE THIS HAPPEN, ALL OF THE

                    ADVOCATES AND THE COALITION OF ORGANIZATIONS THAT JOINED US TODAY AND

                    OVER THE LAST COUPLE OF MONTHS IN GETTING THIS DONE AND, OF COURSE, TO

                    THE INCREDIBLE SENATOR RAMOS FOR ALWAYS DELIVERING ON -- ON THIS BILL

                    AND ON MANY BILLS THAT WE'VE SEEN COME THROUGH.  SO WITH THAT, I WILL

                    CAST MY VOTE IN THE AFFIRMATIVE.  THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  MS. ROZIC IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, THERE'LL BE A MEETING OF

                    THE RULES COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  RULES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07434, RULES REPORT

                    NO. 651, STEC, ASHBY, WOERNER.  AN ACT TO ALLOW DEPUTY SHERIFFS

                                         457



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    MATTHEW ASHTON, BRADLEY HAMILTON, AND JOSHUA WHITNEY TO JOIN THE

                    OPTIONAL 25-YEAR RETIREMENT PLAN, COUNTY OF WASHINGTON.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    DANIEL STEC, 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 AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER DENDEKKER:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07569-B, RULES

                    REPORT NO. 652, GALEF, BRABENEC, JACOBSON, BYRNE, SIMON.  AN ACT

                    REQUIRING THE PAYMENT OF PREVAILING WAGES TO AFFECTED EMPLOYEES OF

                    THE INDIAN POINT NUCLEAR POWER PLANT AND FOR THE DEPARTMENT OF LABOR

                    TO OVERSEE THE HIRING OF NEW EMPLOYEES AT SUCH POWER PLANT.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MRS. GALEF, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED AND THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07620-A, RULES

                    REPORT NO. 653, ABBATE, CRUZ, ROZIC, PHEFFER AMATO, D'URSO,

                    SOLAGES, BRAUNSTEIN, ORTIZ, COLTON, PERRY, BARNWELL, D. ROSENTHAL,

                                         458



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DENDEKKER, LENTOL, WEPRIN, M.G. MILLER.  AN ACT TO AMEND THE

                    GENERAL MUNICIPAL LAW, IN RELATION TO ALLOWING CERTAIN MEMBERS OF

                    THE NEW YORK CITY POLICE PENSION FUND TO RECEIVE A MEMBERSHIP DATE

                    IN THE NEW YORK CITY POLICE PENSION FUND ATTRIBUTABLE TO SERVICE IN

                    THE TITLES OF POLICE CADET PROGRAM OR POLICE CADET PROGRAM II IN THE

                    NEW YORK CITY POLICE DEPARTMENT CADET PROGRAM.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. ABBATE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.  HOME RULE MESSAGE IS AT THE DESK.

                                 READ THE LAST -- READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A07715-B, RULES

                    REPORT NO. 654, SALKA.  AN ACT TO AMEND THE COUNTY LAW AND THE TAX

                    LAW, IN RELATION TO COMMUNICATIONS SERVICE SURCHARGES APPLIED TO

                    MADISON COUNTY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

                    EXPIRATION THEREOF.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. SALKA, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                         459



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A07716-A, RULES

                    REPORT NO. 655, REYES, CRUZ, BRAUNSTEIN, DE LA ROSA, RAMOS, M.G.

                    MILLER, DICKENS, GRIFFIN, COLTON, SIMON, DESTEFANO, LAWRENCE, ORTIZ,

                    SAYEGH, L. ROSENTHAL, RAIA, MIKULIN, RAYNOR, DINOWITZ, WEPRIN,

                    SOLAGES, COOK, MALLIOTAKIS, HEVESI, FERNANDEZ, BUTTENSCHON, PHEFFER

                    AMATO, QUART.  AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

                    RELATION TO DISABILITIES OF CERTAIN RETIRED FIREFIGHTERS CAUSED BY CANCER.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. REYES, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         460



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07795, RULES REPORT

                    NO. 656, BICHOTTE.  AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN

                    RELATION TO THE AWARD OF CONTRACTS TO SMALL BUSINESSES, MINORITY-OWNED

                    BUSINESS ENTERPRISES AND WOMEN-OWNED BUSINESS ENTERPRISES; AND

                    PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. BICHOTTE, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. BICHOTTE TO EXPLAIN HER VOTE.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  THIS BILL HERE WOULD -- WOULD AMEND

                    THE PUBLIC AUTHORITIES LAW TO AUTHORIZE ESTABLISHMENT BY THE DORM

                    AUTHORITY OF THE STATE OF NEW YORK, DASNY, OF A FOUR-YEAR

                    PROCUREMENT PILOT PROGRAM WHICH WOULD EXPAND CONTRACTING

                    OPPORTUNITIES FOR SMALL BUSINESSES AND MINORITY-OWNED [SIC] WOMEN

                    BUSINESS ENTERPRISE, MWBE.  THIS PILOT PROGRAM WOULD ALSO -- IT

                    WOULD CONSIST OF AN ANNUAL AMOUNT NOT TO EXCEED $20 MILLION OR 5

                    PERCENT OF ITS REVENUE, OF ALL THE DASNY CONSTRUCTION CONTRACTS AWARD

                    -- AWARDED.

                                         461



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 TO AUTHORIZE STATE AUTHORITIES AND AGENCIES, THIS

                    PROGRAM WILL DEVELOP A MENTORSHIP PROGRAM THAT WILL FOSTER A

                    RELATIONSHIP, A DEVELOPMENT RELATIONSHIP BETWEEN THE BIG COMPANIES,

                    THE MENTOR FIRMS AND THE SMALL BUSINESS -- SMALL BUSINESSES AND

                    MINORITY- AND WOMEN [SIC] BUSINESS ENTERPRISE.  IT'S SUPPOSED TO BE

                    CREATING TARGET -- TARGETED COMPETITIVE PROCUREMENT OPPORTUNITIES THAT

                    WOULD BE EXPECTED TO FURTHER IMPROVE THE SUCCESS OF SMALL MWBES

                    THAT CONTRACT WITH DASNY.

                                 I DO WANT TO SAY THAT DASNY HAS BEEN ONE OF THESE

                    AUTHORITIES THAT'S, FOR A VERY LONG TIME, HAS BEEN PROMOTING

                    OPPORTUNITIES FOR OUR SMALL BUSINESSES AND MWBES THROUGH THEIR BOND

                    SURETY PROGRAM, BUT THAT PROGRAM WAS DISMANTLED AND I'M REALLY HAPPY

                    THAT NOW THEY'RE, YOU KNOW, PUTTING THIS PROGRAM FORWARD TO BUILD

                    CAPACITY.  I WANT TO THANK THE PRESIDENT OF DASNY, WHICH IS PRESIDENT

                    AND CEO DR. GERRARD BUSHELL, AND HIS TEAM AND, IN PARTICULAR MICHAEL

                    CLAY, ON BEING DILIGENT AND MAKING SURE THAT THIS PROGRAM MOVES

                    FORWARD.  SO I WILL BE VOTING IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. BICHOTTE

                    IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07797-A, RULES

                    REPORT NO. 657, WRIGHT, PEOPLES-STOKES, DE LA ROSA, SAYEGH, REYES,

                    SIMON, NIOU, GOTTFRIED, FERNANDEZ, O'DONNELL, D'URSO, JEAN-PIERRE,

                                         462



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    FRONTUS, L. ROSENTHAL, EPSTEIN, JAFFEE, DICKENS, PICHARDO, GLICK,

                    JOYNER, BARRON, COOK, BICHOTTE, HYNDMAN, WILLIAMS, HUNTER,

                    RICHARDSON.  AN ACT TO AMEND THE EXECUTIVE LAW AND THE EDUCATION

                    LAW, IN RELATION TO PROHIBITING RACE DISCRIMINATION BASED ON NATURAL

                    HAIRSTYLES.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. WRIGHT, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WRIGHT TO EXPLAIN HER VOTE.

                                 MS. WRIGHT:  THANK YOU, SPEAKER.  I AM PROUD TO

                    BE ASSOCIATED WITH THIS LEGISLATION, WHICH ACROSS THE NATION IS BEING

                    CHARACTERIZED AS THE CROWN LEGISLATION -- I'M SORRY, THE CROWN

                    ACT, CREATING A RESPECTFUL AND OPEN WORKPLACE AND THAT -- FOR

                    NATURAL HAIR.  AND EQUALLY IMPORTANT, I'M GLAD TO BE ASSOCIATED WITH

                    THE NATIONAL MOVEMENT LED BY THE CROWN COALITION TO MAKE IT CLEAR

                    AND UNDER NO UNCERTAIN TERMS THAT RACIAL DISCRIMINATION BASED ON

                    NATURAL HAIR AND HAIRSTYLES IS PROHIBITED IN NEW YORK STATE.

                                 THROUGH THIS LEGISLATION, RACE IS DEFINED TO INCLUDE,

                    BUT NOT BE LIMITED TO, ANCESTRY, COLOR, ETHNIC GROUP IDENTITY AND ETHNIC

                    BACKGROUND, AND TO INCLUDE TRAITS HISTORICALLY ASSOCIATED WITH RACE

                                         463



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    INCLUDING, BUT NOT LIMITED TO, HAIR TEXTURE AND PROTECTIVE HAIRSTYLES.

                    VERY OFTEN, SCHOOL AND WORKPLACE GROOMING POLICIES ARE ON THEIR FACE

                    RACE-NEUTRAL, BUT THESE POLICIES ASSUME NORMALIZED AND MAKE STRAIGHT

                    HAIR THE STANDARD.  IT IS THE REASON A YOUNG WRESTLER WAS RECENTLY FORCED

                    TO CUT HIS LOCKS OR FORFEIT A MATCH.  IT'S THE REASON THAT DESTINY

                    TOMPKINS, A 19-YEAR-OLD SUNY SOPHOMORE WAS TOLD BY HER EMPLOYER,

                    BANANA REPUBLIC, THAT HER BRAIDS WERE TOO URBAN AND TOO UNKEMPT, AND

                    THAT SHE WOULD NOT BE SCHEDULED FOR ANY MORE SHIFTS UNLESS SHE

                    REMOVED THEM.  AND WHILE THESE EXAMPLES ARE TWO OF THE MOST OVERT

                    AND EGREGIOUS DISPLAYS AVAILABLE, MOST BLACK PEOPLE EXPERIENCE A

                    BATTERY OF MICROAGGRESSIONS WHICH AMOUNT TO HARASSMENT AND BIAS --

                    I'M SORRY, AND BIAS-BASED PROFILING.

                                 RACE DISCRIMINATION BASED ON HAIR AND HAIRSTYLES MOST

                    CLOSELY ASSOCIATED WITH BLACK PEOPLE HAS CAUSED SIGNIFICANT PHYSICAL

                    AND PSYCHOLOGICAL HARM TO THOSE TO WHICH -- I'M SORRY, THOSE WHO WISH

                    TO MAINTAIN NATURAL HAIR.  THEY ARE FORCED TO CHOOSE BETWEEN THEIR

                    LIVELIHOOD OR EDUCATION AND THEIR CULTURAL IDENTITY AND/OR HAIR HEALTH.

                    TODAY, NEW YORK STATE HAS TAKEN A NECESSARY STEP TO MOVE PAST RACIST

                    GROOMING STANDARDS THAT TERRORIZE OUR CHILDREN, MEN AND WOMEN.  I

                    WANT TO THANK THE CALIFORNIA SENATOR HOLLY MITCHELL WHO FIRST

                    INTRODUCED THIS LEGISLATION IN CALIFORNIA --

                                 ACTING SPEAKER DENDEKKER:  MS. WRIGHT,

                    HOW DO YOU VOTE?

                                 MS. WRIGHT:  I'LL BE VOTING IN THE AFFIRMATIVE.  AND

                    I ALSO JUST WANTED TO THANK THE SPEAKER AND STAFF HERE, AS WELL AS THE

                                         464



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    CROWN COALITION.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. WRIGHT IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07800-A, RULES

                    REPORT NO. 658, GOTTFRIED, ORTIZ, PALMESANO, RAIA, PEOPLES-STOKES.

                    AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO DEFINITIONS AND

                    CONFORMING CHANGES PERTAINING TO ANATOMICAL GIFTS (PART A); TO AMEND

                    THE PUBLIC HEALTH LAW, IN RELATION TO CHANGES IN ANATOMICAL GIFT

                    REVOCATION AND AMENDMENT; AND TO REPEAL CERTAIN PROVISIONS OF SUCH

                    LAW RELATING THERETO (PART B); TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO USES AND DISPOSITIONS OF ANATOMICAL GIFTS; AND TO REPEAL

                    CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO (PART C); TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO DELIVERY OF DOCUMENTS OF GIFT (PART

                    D); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO RIGHTS AND DUTIES OF

                    DONEES AT DEATH (PART E); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

                    TO INTERACTIONS BETWEEN ADVANCE DIRECTIVES AND ANATOMICAL GIFTS (PART

                    F); AND TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROHIBITION OF

                    SALES OR PURCHASE OF HUMAN ORGANS (PART G).

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED.

                                 READ THE LAST SECTION.

                                         465



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A07804, RULES REPORT

                    NO. 659, DENDEKKER, MOSLEY, CRESPO, WEPRIN, SEAWRIGHT, CRUZ,

                    PICHARDO, LENTOL, FALL.  AN ACT TO AMEND THE TAX LAW, IN RELATION TO

                    REQUIRING MEDALLION AGENTS TO MANAGE PAYMENTS OF THE CONGESTION

                    SURCHARGE.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. DENDEKKER, 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 DENDEKKER:  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. A07856-B, RULES

                    REPORT NO. 660, PICHARDO, REYES, WEPRIN, DENDEKKER, CRESPO, CRUZ,

                    LENTOL.  AN ACT TO AMEND THE TAX LAW, IN RELATION TO CREDIT CARD

                                         466



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PROCESSING FEES.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. PICHARDO, 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 DENDEKKER:  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. 078 -- ASSEMBLY NO.

                    A07919, RULES REPORT NO. 661, LIPETRI.  AN ACT IN RELATION TO

                    AUTHORIZING THE GOOD SAMARITAN HOSPITAL MEDICAL CENTER TO FILE AN

                    APPLICATION FOR A REAL PROPERTY TAX EXEMPTION.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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.

                                         467



                    NYS ASSEMBLY                                                      JUNE 20, 2019


                                 THE CLERK:  ASSEMBLY NO. A08159, RULES REPORT

                    NO. 662, GARBARINO.  AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO GRANTING PEACE OFFICER STATUS TO UNIFORMED MEMBERS OF THE

                    BUREAU OF FIRE PREVENTION IN THE TOWN OF ISLIP.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. GARBARINO, 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 DENDEKKER:  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. A08215, RULES REPORT

                    NO. 663, MCDONOUGH.  AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION

                    TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

                    "DETECTIVE BETSY HORNER-MILLER CUTRONE MEMORIAL BRIDGE".

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         468



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08238, RULES REPORT

                    NO. 664, PHEFFER AMATO.  AN ACT TO AMEND CHAPTER 239 OF THE LAWS OF

                    1995, RELATING TO AUTHORIZING THE CITY OF NEW YORK TO SELL WATERFRONT

                    PROPERTY INCLUDING THE LAND UNDER WATER APPURTENANT THERETO OWNED BY

                    OR WHICH MAY BE ACQUIRED IN THE FUTURE BY SUCH CITY IN THE LANDS

                    KNOWN AS BROAD CHANNEL IN THE BOROUGH OF QUEENS, IN RELATION TO SALE

                    OF CERTAIN LAND.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE.  THE

                    SENATE BILL IS ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  THE BILL

                    IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08262-A, RULES

                    REPORT NO. 665, ABINANTI.  AN ACT IN RELATION TO AUTHORIZING THE

                    COMPTROLLER OF THE TOWN OF MOUNT PLEASANT TO REFUND FEES, FINES,

                    PENALTIES AND INTEREST TO CERTAIN REAL PROPERTY TAXPAYERS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. ABINANTI, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                         469



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08273, RULES REPORT

                    NO. 666, BUCHWALD.  AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL

                    LAW, IN RELATION TO A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON

                    CERTAIN PREMISES.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. BUCHWALD, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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. A08348, RULES REPORT

                    NO. 667, ORTIZ, GRIFFIN.  AN ACT TO AMEND THE MILITARY LAW, IN RELATION

                    TO AGE REQUIREMENTS APPLICABLE TO APPOINTMENTS OR PROMOTIONS OF

                    PUBLIC EMPLOYEES WHO HAVE BEEN ABSENT ON MILITARY DUTY.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. ORTIZ, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                                         470



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ORTIZ TO EXPLAIN HIS VOTE.

                                 MR. ORTIZ:  THANK YOU -- THANK YOU, MR. SPEAKER, I

                    WILL BE VERY BRIEF.  CURRENTLY, THE AGE LIMIT TO APPLY TO THE FIRE

                    DEPARTMENT IS 29 YEARS OLD.  BUT THOSE THAT SERVE IN THE MILITARY ARE

                    PERMITTED TO APPLY UP TO THE AGE OF 35, AS THEY VOLUNTEER IN THEIR EARLY

                    YEARS TO DEFENDING OUR COUNTRY.

                                 BY NOW, MANY OF YOU HAVE MIGHT HAVE HEARD ABOUT

                    SHAUN DONOVAN, A NAVY SEAL WHO SERVED FOUR COMBAT TOURS IN IRAQ

                    AND AFGHANISTAN, AND HE APPLIED TO FDNY AT THE AGE OF 35 AND AFTER

                    PASSING ALL THE TESTS, THEN THEY -- HE GOT A NOTIFICATION THAT HE HAD

                    MISSED THE CUTOFF BY JUST SIX MONTHS AND 25 DAYS.  I THINK WE CAN ALL

                    AGREE THAT WE OWE A DEBT TO OUR VETERANS AND THEY SHOULD NOT BE

                    PENALIZED FOR THEIR EXTENDED SERVICE TO OUR COUNTRY.

                                 WITH -- WITH SUPPORT FROM OUR CITY AND OUR FDNY,

                    THIS BILL WILL ADD AN EXTRA YEAR OF ELIGIBILITY FOR APPOINTMENT OR

                    PROMOTION FOR POSITION IN PUBLIC SERVICE FOR OUR MILITARY SERVICE

                    MEMBERS LIKE SHAUN DONOVAN THAT -- WHEN NOTHING MORE THAN TO SERVE

                    OUR CITY THAT HE DIDN'T WANT NOTHING MORE THAN TO SERVE OUR CITY AND,

                    THEREFORE, MR. SPEAKER, YOU KNOW, HERE IS AN EXAMPLE OF SOMEBODY

                                         471



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    WHO DEFENDED -- WENT OUT THERE FOR OUR COUNTRY AND HE STILL WAS SHORT

                    IN TIME TO SERVE IN WHERE HE WOULD LOVE TO HAVE DONE THE BEST, WHICH

                    IS THE FDNYC.  SO, THEREFORE, THIS BILL WILL HELP HIM AND PROTECT OTHER

                    VETERANS WHO SERVE THIS COUNTRY.  THANK YOU VERY MUCH FOR ALLOWING

                    ME TO EXPLAIN MY VOTE -- MY VOTE AND I WILL BE VOTING ON THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MR. ORTIZ IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08362, RULES REPORT

                    NO. 668, BURKE, WALLACE, MCMAHON, RYAN.  AN ACT TO AMEND THE

                    COUNTY LAW, IN RELATION TO AUTHORIZING ERIE COUNTY TO WAIVE CERTAIN

                    FEES FOR VETERANS' ORGANIZATIONS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MR. BURKE, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         472



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. 80 -- A08420-A, RULES

                    REPORT NO. 669, PEOPLES-STOKES, WALKER, WRIGHT, GOTTFRIED, MOSLEY,

                    D. ROSENTHAL, MCDONALD, KIM, DINOWITZ, DENDEKKER, BRONSON,

                    QUART, BURKE, HEVESI, ABINANTI, ZEBROWSKI, JOYNER, CAHILL, PERRY,

                    WILLIAMS, REYES, VANEL, RODRIGUEZ, TAYLOR, FRONTUS, JEAN-PIERRE.  AN

                    ACT TO AMEND THE PENAL LAW AND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO VACATING RECORDS FOR CERTAIN PROCEEDINGS; AND TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO THE DEFINITION OF SMOKING.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MRS. PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE.  THE

                    SENATE BILL IS ADVANCED.  THE BILL IS LAID ASIDE.

                                 THE CLERK:  ASSEMBLY NO A08425, RULES REPORT

                    NO. 670, LIFTON.  AN ACT TO AMEND THE JUDICIARY LAW, IN RELATION TO

                    INCREASING THE NUMBER OF SUPREME COURT JUDGES AND COUNTY COURT

                    JUDGES IN CERTAIN JURISDICTIONS.

                                 ACTING SPEAKER DENDEKKER:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  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.

                                         473



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 (PAUSE)


                                 THE CLERK:  ASSEMBLY NO. A08430, RULES REPORT

                    NO. 671, ROZIC.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

                    RELATION TO MAKING TECHNICAL CORRECTIONS TO PROVISIONS RELATING TO

                    BICYCLES WITH ELECTRIC ASSIST AND ELECTRIC SCOOTERS.

                                 ACTING SPEAKER DENDEKKER:  ON A MOTION

                    BY MS. ROZIC, 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 DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, I'M GOING TO REFER TO THE

                    A-CALENDAR ON DEBATE, RULES REPORT NO. 669, PAGE 10,

                    PEOPLES-STOKES, FOLLOWED BY RULES REPORT NO. 698, PAGE 6 ON THE C-

                    CALENDAR, PEOPLES-STOKES.

                                 ACTING SPEAKER DENDEKKER:  I'M SORRY, MR.

                    RAMOS.  HANG ON.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. RAMOS.

                                 MR. RAMOS:  OKAY.  DO RULES REPORT NO. 669,

                                         474



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    PAGE 10 ON THE A-CALENDAR, PEOPLES-STOKES, FOLLOWED BY RULES REPORT

                    NO. 698, PAGE 6 ON THE C-CALENDAR, PEOPLES-STOKES.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A08420-A, RULES

                    REPORT NO. 669, PEOPLES-STOKES, WALKER, WRIGHT, GOTTFRIED, MOSLEY,

                    D. ROSENTHAL, MCDONALD, KIM, DINOWITZ, DENDEKKER, BRONSON,

                    QUART, BURKE, HEVESI, ABINANTI, ZEBROWSKI, JOYNER, CAHILL, PERRY,

                    WILLIAMS, REYES, VANEL, RODRIGUEZ, TAYLOR, FRONTUS, JEAN-PIERRE.  AN

                    ACT TO AMEND THE PENAL LAW AND THE CRIMINAL PROCEDURE LAW, IN

                    RELATION TO VACATING RECORDS FOR CERTAIN PROCEEDINGS; AND TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO THE DEFINITION OF SMOKING.

                                 ACTING SPEAKER DENDEKKER:  STAND BY ONE

                    SECOND, PLEASE.

                                 AN EXPLANATION HAS BEEN REQUESTED, MS. WALKER.

                                 MS. WALKER:  MR. SPEAKER, I WOULD LIKE TO

                    ACKNOWLEDGE THE SPONSOR OF THIS BILL, MADAM MAJORITY LEADER

                    PEOPLES-STOKES, AND GRACIOUSLY AGREE TO DELIBERATE THE CONTENTS OF THE

                    BILL ON HER BEHALF.

                                 OVER 40 YEARS AGO, NEW YORK DECRIMINALIZED

                    NON-PUBLIC POSSESSION OF SMALL AMOUNTS OF MARIHUANA MAKING

                    MARIHUANA POSSESSION A NON-CRIMINAL VIOLATION PUNISHABLE BY ONLY A

                    FINE; HOWEVER, PROVISIONS OF THIS LAW STILL ALLOW MINIMAL POSSESSION

                    AMOUNTS TO BE CHARGED AS A MISDEMEANOR IN CERTAIN SITUATIONS.

                    DESPITE INITIAL STEPS TO DECRIMINALIZE IN NEW YORK, A

                                         475



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DISPROPORTIONATELY HIGH NUMBER OF BLACK, HISPANIC AND LATINO PEOPLE

                    CONTINUE TO BE ARRESTED FOR MARIHUANA-RELATED OFFENSES, PARTICULARLY

                    THOSE IN PUBLIC VIEW, WHICH OFTEN RESULTS IN A CRIMINAL RECORD THAT CAN

                    PREVENT GAINFUL EMPLOYMENT, ACCESS TO FEDERAL STUDENT LOANS, PUBLIC

                    HOUSING, HOUSING, ECONOMIC OPPORTUNITIES, JOINING THE MILITARY, AMONG

                    A NUMBER OF OTHER OPPORTUNITIES, AS WELL AS FULL PARTICIPATION IN

                    SOCIETY.

                                 THIS BILL WOULD REDUCE PENALTIES FOR MARIHUANA

                    POSSESSION, ESTABLISH EXPUNGEMENT IN NEW YORK STATE FOR THE FIRST

                    TIME, CREATE PROCESSES BY WHICH INDIVIDUALS WOULD HAVE CERTAIN

                    CONVICTIONS FOR LOW-LEVEL MARIHUANA OFFENSES AUTOMATICALLY EXPUNGED,

                    ALLOW INDIVIDUALS TO REQUEST AN INDIVIDUAL VACATUR OF THEIR CONVICTIONS,

                    AUTOMATICALLY SUPPRESS CERTAIN MARIHUANA CRIMES FROM APPEARING IN A

                    CRIMINAL HISTORY RECORD SEARCH, AND REQUIRE THE ESTABLISHMENT OF AN

                    EDUCATION CAMPAIGN TO ALERT INDIVIDUALS OF THESE CHANGES.

                                 ACTING SPEAKER DENDEKKER:  MR. RA.

                                 MR. RA:  THANK YOU, MR. DENDEKKER.  WILL MS.

                    WALKER YIELD?

                                 ACTING SPEAKER DENDEKKER:  WILL THE

                    SPONSOR YIELD?

                                 MS. WALKER:  I'LL BE PLEASED TO.

                                 ACTING SPEAKER DENDEKKER:  THE SPONSOR

                    YIELDS.

                                 MR. RA:  THANK YOU VERY MUCH.  SO -- SO JUST FOR, I

                    GUESS YOUR -- YOUR PLANNING PURPOSES, WHAT -- WHAT I THINK I'M GOING TO

                                         476



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DO IS JUST ASK SOME QUESTIONS ABOUT THE OFFENSES THAT ARE BEING

                    CHANGED AND THEN OUR -- OUR COLLEAGUE MAY HAVE SOME QUESTIONS ON

                    THE EXPUNGEMENT, BUT HE'S GOING TO SAVE THAT FOR THE CHAPTER

                    AMENDMENT BECAUSE I KNOW THAT'S WHAT PUTS IN PLACE A LITTLE MORE

                    DETAIL WITH REGARD TO THAT -- THAT PORTION.

                                 BASICALLY, YOU KNOW, MY -- MY -- MY QUESTIONS ARE

                    WITH REGARD TO THERE'S TWO OFFENSES THAT ARE BEING CHANGED HERE IN

                    TERMS OF, A, YOU KNOW, THEIR DEGREE, AND HOW SOMEBODY WOULD VIOLATE

                    THEM; IS THAT CORRECT?

                                 MS. WALKER:  THAT IS CORRECT.

                                 MR. RA:  OKAY.  SO WE HAVE UNLAWFUL POSSESSION IN

                    THE SECOND DEGREE AND CURRENTLY THAT IS PUNISHABLE BY A $100 FINE?

                                 MS. WALKER:  CURRENTLY IT IS PUNISHABLE BY A $100

                    FINE, CORRECT.

                                 MR. RA:  OKAY.  AND IT'S A VIOLATION?

                                 MS. WALKER:  AND IT IS A VIOLATION.

                                 MR. RA:  AND UNDER THIS, IT WOULD BECOME A $50

                    FINE, CORRECT?

                                 MS. WALKER:  UNDER THIS, IT WILL BE REDUCED FROM A

                    $100 FINE TO A $50 FINE.

                                 MR. RA:  OKAY.

                                 MS. WALKER:  CORRECT.

                                 MR. RA:  NOW, THAT -- THAT OFFENSE WOULD BE

                    APPLICABLE REALLY IN -- IN ANY SITUATION WHEN SOMEBODY POSSESSED

                    UNDER, I GUESS UNDER CURRENT LAW, BUT REALLY UNDER -- UNDER THE

                                         477



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    AMENDED LAW, ANYTHING UNDER THE ONE OUNCE WHICH IS GOING TO BE THE

                    NEW STANDARD FOR THE -- FOR THE OTHER VIOLATION UNDER -- UNDER THIS NEW

                    LAW, CORRECT?

                                 MS. WALKER:  IF I UNDERSTAND YOU CORRECTLY, MR.

                    RA, IF SOMEONE IS IN POSSESSION OF MARIHUANA UNDER ONE OUNCE, THEY

                    WILL HAVE COMMITTED A VIOLATION, WHICH IS PUNISHABLE BY A CIVIL PENALTY

                    AND NOT BE SUBJECTED TO ANY CRIMINAL LIABILITY, AND THAT PENALTY IS THE

                    AMOUNT OF $50.

                                 MR. RA:  OKAY.  NOW, THE -- THE CURRENT UNLAWFUL

                    POSSESSION CHARGE, IS THAT UNDER THE BAIL REFORM STATUTE THAT WILL GO

                    INTO EFFECT IN JANUARY?  IS THAT SUBJECT TO ARREST OR JUST SUMMONS?

                                 MS. WALKER:  SO, THERE ARE TWO DIFFERENT UNLAWFUL

                    POSSESSION CHARGES SO I'M NOT WHICH ONE YOU'RE REFERRING TO.

                                 MR. RA:  THE ONE THAT IS BEING CHANGED IN -- IN THIS

                    FIRST SECTION OF THIS BILL.

                                 MS. WALKER:  SO IT IS SUBJECTED TO A DESK

                    APPEARANCE TICKET.

                                 MR. RA:  OKAY.

                                 MS. WALKER:  IF THEY CAN CONFIRM THEIR IDENTITY.

                                 MR. RA:  OKAY.  AND WHEN -- ONE OF MY QUESTIONS

                    WITH REGARD TO THIS, BECAUSE I KNOW ONE OF THE OTHER PIECES OF THIS IS AN

                    AMENDMENT WITH REGARD TO THE CLEAN INDOOR AIR ACT SO THAT SMOKING

                    MARIHUANA WOULD BE, YOU KNOW, IT UPDATES THAT DEFINITION A LITTLE BIT SO

                    THAT -- SO THOSE PROVISIONS WOULD BE APPLICABLE TO SOMEBODY SMOKING

                    MARIHUANA, CORRECT?

                                         478



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MS. WALKER:  WELL, ONE OF THINGS THAT WE'VE

                    ENCOUNTERED -- OR SO MANY PEOPLE HAVE ENCOUNTERED IS THAT THEY'VE

                    BEING GOING THROUGH THIS SORT OF TEST AS TO WHETHER OR NOT THEIR SMOKE --

                    WHETHER IT WAS BURNING, WHETHER IT WAS IN PLAIN VIEW, WHETHER IT

                    WASN'T; WE KNOW THAT THIS WAS SUBJECTED TO A NUMBER OF INDIVIDUALS

                    UNDER STOP AND FRISK.  THIS BILL HAS ELIMINATED THOSE DISTINCTIONS,

                    CORRECT.

                                 MR. RA:  OKAY, SO -- BECAUSE I KNOW THE OTHER -

                    WHICH USED TO BE CRIMINAL POSSESSION, BUT IT'S NOW GOING TO BE THE

                    UNLAWFUL POSSESSION IN THE FIRST DEGREE UNDER THIS - GETS RID OF THAT --

                    THAT PIECE THAT TALKS ABOUT BURNING OR OPEN TO PUBLIC VIEW.

                                 MS. WALKER:  IT GETS RID OF BURNING, OPEN IN PUBLIC

                    VIEW, AND IT ALSO GETS RID OF SORT OF THESE STEPPED-UP PENALTIES, AS WELL.

                    SO, IT'S A PROUD PIECE OF LEGISLATION.

                                 MR. RA:  SO ONCE THIS GOES INTO EFFECT, IF SOMEBODY

                    IS BURNING IN PUBLIC VIEW, ARE THEY VIOLATING THE LAW OR ARE THEY JUST

                    VIOLATING THE -- THE HEALTH -- PUBLIC HEALTH LAW?

                                 MS. WALKER:  IF IT'S UNDER ONE OUNCE, THEN THEY ARE

                    VIOLATING THIS PARTICULAR PROVISION.

                                 MR. RA:  SO IT -- IT WOULD JUST BE THAT -- THAT $50

                    FINE, CORRECT?

                                 MS. WALKER:  YES.

                                 MR. RA:  AND --

                                 MS. WALKER:  IF IT'S UNDER ONE OUNCE.

                                 MR. RA:  YES.  AND THEY COULD THEORETICALLY BE

                                         479



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    VIOLATING, DEPENDING ON WHERE THEY WERE, COULD BE VIOLATING THE PUBLIC

                    HEALTH LAW, BUT I DON'T BELIEVE THAT IS ENFORCED BY POLICE, I THINK THAT

                    IS ENFORCED BY PUBLIC HEALTH SANITARIANS.

                                 MS. WALKER:  WELL, MOST RESPECTIVELY, MR. RA,

                    THIS BILL DOESN'T DEAL WITH THE PUBLIC HEALTH LAW.

                                 MR. RA:  WELL, IT -- IT DOES IN TERMS OF THOSE CHANGES

                    TO THE CLEAN AIR INDOOR ACT, THAT'S WHO WOULD ENFORCE THAT VIOLATION, I

                    BELIEVE.

                                 MS. WALKER:  WELL, AT THE VERY END, WE DO MAKE

                    THAT DISTINCTION, BUT IT'S TREATED LIKE TOBACCO.

                                 MR. RA:  YES.  WELL -- WELL, THE POINT BEING, THE

                    ENFORCEMENT OF THAT ISN'T DONE BY LAW ENFORCEMENT.

                                 MS. WALKER:  THAT'S CORRECT.

                                 MR. RA:  OKAY.  ALL RIGHT.  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER DENDEKKER:  ON THE BILL.

                                 MR. RA:  JUST QUICKLY, I -- I -- YOU KNOW I JUST

                    WANTED TO GO THROUGH THAT BECAUSE THERE ARE -- THERE ARE A LOT OF

                    CHANGES IN THIS AND -- AND LIKE I SAID MY COLLEAGUE, MR. PALUMBO, WHO

                    KNOWS THIS STUFF BETTER -- BETTER THAN I DO BASED ON HIS PAST LIFE AS A

                    PROSECUTOR, IS GOING TO GO THROUGH THE EXPUNGEMENT PORTION OF IT, BUT,

                    YOU KNOW...  WE'VE BEEN TALKING ABOUT THIS ISSUE OFTEN, YOU KNOW,

                    THROUGHOUT THIS LEGISLATIVE SESSION.  I KNOW MANY EXPECTED TO BE

                    DEALING WITH BOTH THE CRIMINAL SIDE OF IT AND PERHAPS, YOU KNOW, A -- A

                    NEW REGULATORY STRUCTURE IN NEW YORK STATE WITH REGARD TO MARIHUANA.

                                         480



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    I -- I MYSELF STILL HAVE, YOU KNOW, CONCERNS WITH WHERE WE'RE ENDING

                    UP HERE.  I -- I UNDERSTAND THE EFFORTS AND I ALSO UNDERSTAND THAT IN

                    MANY PARTS OF THE STATE, YOU KNOW, THERE HAVE BEEN LOTS OF DIFFERENT

                    EFFORTS WHETHER THEY'RE FROM LAW ENFORCEMENT, FROM DISTRICT ATTORNEYS

                    TO CUT DOWN ON THE ARRESTS.  YOU KNOW, RIGHT HERE IN ALBANY, THEY'RE --

                    THEY'RE NOT -- THEY'RE NOT PROSECUTING THEM AND IF YOU DON'T HAVE MORE

                    THAN TWO OUNCES.  SO, THE -- THE ARRESTS ARE WAY DOWN.

                                 SO, I UNDERSTAND WHAT THIS IS INTENDING TO ACCOMPLISH,

                    BUT IF YOU'RE SMOKING MARIHUANA IN PUBLIC UNDER THIS, YOU KNOW, I

                    MEAN, DEPENDING ON WHERE YOU ARE, YOU MIGHT VIOLATE THE PUBLIC

                    HEALTH LAW, BUT YOU'RE -- THE ONLY THING YOU'RE SUBJECT TO IS A $50 FINE

                    UNLESS YOU ARE SMOKING MORE THAN AN OUNCE, I GUESS, WHICH WOULD

                    PROBABLY BE A -- ONE VERY BIG JOINT, BUT...

                                 (LAUGHTER)

                                 I DON'T THINK THAT WOULD QUITE WORK.  BUT I -- I THANK

                    MY COLLEAGUE FOR ANSWERING MY QUESTIONS, BECAUSE I KNOW SHE IS VERY

                    KNOWLEDGEABLE ABOUT THESE TOPICS, AS WELL.  SO WITH THAT, MR. SPEAKER,

                    I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MR. RAIA.

                                 MR. RAIA:  THANK YOU.  WILL MS. WALKER YIELD?

                                 ACTING SPEAKER DENDEKKER:  MS. WALKER,

                    WILL YOU YIELD?

                                 MS. WALKER:  CERTAINLY.

                                 ACTING SPEAKER DENDEKKER:  MS. WALKER

                    YIELDS.

                                         481



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 MR. RAIA:  THANK YOU FOR THOSE KIND WORDS EARLIER.

                                 MY -- TWO QUESTIONS.  ONE, WE'RE DEALING -- WHEN

                    WE'RE TALKING ABOUT THE ONE OUNCE AMOUNT, DOES THAT -- IS THAT

                    SPECIFICALLY REFERRING TO JUST FLOWER OR "BUD" AS IT'S CALLED?  OR DOES

                    THAT ALSO APPLY TO THE OTHER VARIANCE LIKE VAPE OIL, HASH, SHATTER OR

                    RESIN, WHICH TEND TO BE SUPER UBER CONCENTRATED.

                                 MS. WALKER:  IT DOESN'T MAKE ANY DISTINCTIONS, SO

                    -- IT'S JUST ONE OUNCE AND IT'S...

                                 MR. RAIA:  BECAUSE THE WAY I READ IT, I UNDER --

                    UNDER THE CURRENT LAW, THOSE CONCENTRATES, WHICH I -- I MEAN, IF YOU

                    HAD AN OUNCE OF "HASH", THAT'S THE EQUIVALENT OF PROBABLY LIKE FIVE

                    OUNCES OF -- OF "BUD".

                                 MS. WALKER:  WELL --

                                 MR. RAIA:  AND IT IS MY UNDERSTAND -- HOLD ON, JUST

                    WAIT -- IT WAS MY UNDERSTANDING THAT IF -- IF YOU'RE IN POSSESSION OF

                    THOSE, THAT THAT -- THOSE ARE ACTUALLY CONSIDERED A CONTROLLED SUBSTANCE.

                                 MS. WALKER:  WELL, MR. RAIA, THIS DOES NOT DEAL

                    WITH THOSE TYPES OF MARIHUANA-BASED OPTIONS, THIS DEALS WITH THE LEAF.

                                 MR. RAIA:  EXCUSE ME, THE?

                                 MS. WALKER:  THE LEAF.

                                 MR. RAIA:  THE LEAF.  WELL, PART OF THE PROBLEM IS

                    WHERE YOU TALK ABOUT KIDS VAPING, NICOTINE, THE BIG THING IS VAPING POT

                    AND I'M JUST CONCERNED HOW DOES THAT -- IF SOMEONE GETS CAUGHT WITH A

                    VAPE PEN, IS IT POSSIBLE THAT THEY COULD WIND UP BEING CHARGED WITH A

                    CONTROLLED SUBSTANCE, YOU KNOW, THERE'S -- TECHNOLOGY CHANGES.  THE

                                         482



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    DAYS OF PEOPLE JUST SMOKING A JOINT IS VERY DIFFERENT NOW.  THEY HAVE

                    ALL THESE DIFFERENT COMPOUNDS, PARTICULARLY IN THE MEDICAL MARIHUANA

                    SIDE BECAUSE YOU NEED TO INGEST A LOT LESS OF IT BECAUSE IT'S THREE, FOUR

                    TIMES AS POWERFUL AS -- AS THE LEAF.  SO, WE DO NOTHING TO ADDRESS THAT.

                    SO, IF SOMEONE GETS CAUGHT WITH THAT, THEY'RE STILL FACING A SERIOUS

                    PENALTY, CORRECT?

                                 MS. WALKER:  WELL, THAT WOULD -- NOW LIKELY TO BE

                    THE SUBJECT MATTER OF ANOTHER BILL, WHICH THIS BILL DOESN'T ADDRESS.

                                 MR. RAIA:  I'M -- I'M ASKING THAT BECAUSE YOU'RE

                    DEALING WITH ONE PART OF THE PROBLEM AND -- AND MORE AND MORE, THE

                    COMMON THING ARE THE VAPE PENS AND YOU VERY WELL COULD NOW HAVE A

                    YOUNG PERSON GETTING NAILED FOR POSSESSION OF A CONTROLLED SUBSTANCE

                    WHEN, ESSENTIALLY, IT'S THE SAME THING AS LEAF, JUST IN A DIFFERENT FORM

                    AND MORE POWERFUL.  SO, I WOULD ASK IN THE FUTURE IF YOU COULD UNIFY

                    ALL THAT.  MASSACHUSETTS HAS FIGURED OUT A FORMULA THAT, YOU KNOW, A

                    LITTLE BIT OF -- OF RESIN EQUALS THE SAME AMOUNT AS A QUARTER OUNCE OF

                    LEAF, SO THEY FOUND A UNIFIED STANDARD.  AND I WOULD JUST HATE -- YOU

                    KNOW, WE'RE TRYING TO SOLVE A PROBLEM, WHICH I LIKE, BUT I DON'T WANT A

                    WHOLE OTHER GROUP OF PEOPLE THAT ARE DOING THINGS IN THE MODERN AGE,

                    LIKE USING VAPE PENS, ALL OF A SUDDEN GET JAMMED UP.  SO, IF YOU COULD,

                    YOU KNOW, LOOK INTO THOSE I'D BE MORE THAN HAPPY TO WORK WITH YOU.  I

                    STILL AM GOING TO BE HERE FOR A WHILE AND -- BUT I'D LIKE TO SEE

                    SOMETHING THAT GOES ACROSS THE BOARD THAT PROTECTS PEOPLE.

                                 NUMBER TWO, WE CHANGE A LOT OF THE STUFF -- WE TAKE A

                    LOT OF THE THINGS OUT OF THE CRIMINAL ACTS AND PUT IT INTO -- INTO PUBLIC

                                         483



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    HEALTH LAW.  TRADITIONALLY, PUBLIC HEALTH IS ENFORCED BY HEALTH

                    SANITARIANS.  SO, WHO IS ABLE TO WRITE YOU THAT -- THAT -- THAT SUMMONS?

                    IS IT A POLICE OFFICER, IS IT ONLY A HEALTH SANITARIAN BECAUSE IT'S NOW BEEN

                    MOVED TO THE PUBLIC HEALTH LAW?  MANY INSTANCES, POLICE OFFICERS

                    CANNOT WRITE TICKETS FOR STUFF THAT'S BASED ON PUBLIC HEALTH LAW.

                                 MS. WALKER:  WELL, THIS IS STILL POSSESSION OF

                    MARIHUANA AND A POLICE OFFICER CAN WRITE THAT.

                                 MR. RAIA:  THEY CAN.  SO BOTH THE HEALTH SANITARIAN

                    OR A POLICE OFFICER COULD GIVE YOU A TICKET.  OKAY.  THANK YOU VERY

                    MUCH.  BUT WE DON'T WANT TO GIVE PEOPLE A FALSE SENSE OF SECURITY HERE

                    IF ALL OF A SUDDEN THEY THINK IT'S BEEN DECRIMINALIZED AND THEY'RE

                    CARRYING A DIFFERENT TYPE OF -- OF PRODUCT AND ALL OF A SUDDEN THEY WIND

                    UP GETTING HIT WITH A CONTROLLED SUBSTANCE.  SO, I WOULD HOPE YOU'D

                    HAVE A CHAPTER AMENDMENT ON THAT PRETTY SOON IN ORDER TO UNIFY

                    EVERYTHING.  THANK YOU.

                                 MS. WALKER:  WELL, MOST RESPECTFULLY, MR. RAIA,

                    THERE IS ANOTHER COMPONENT OF THIS BILL THAT PROVIDES FOR AN INFORMATION

                    CAMPAIGN WHERE IT WOULD BE UP TO THE OFFICE OF COURT ADMINISTRATION,

                    IN CONJUNCTION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, TO

                    DEVELOP AN AFFIRMATIVE INFORMATION CAMPAIGN AND WIDELY DISSEMINATE

                    TO THE PUBLIC THROUGH WEBSITE, PUBLIC SERVICE ANNOUNCEMENT AND/OR

                    OTHER MEANS IN MULTIPLE LANGUAGE AND OUTLETS INFORMATION CONCERNING

                    THIS NEW PIECE OF LEGISLATION.

                                 MR. RAIA:  THANK YOU VERY MUCH.

                                 MS. WALKER:  THANK YOU.

                                         484



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                                 ACTING SPEAKER DENDEKKER:  MR. PALUMBO.

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

                    MS. WALKER YIELD, PLEASE?

                                 ACTING SPEAKER DENDEKKER:  MS. WALKER,

                    WILL YOU YIELD?

                                 MS. WALKER:  YES.

                                 ACTING SPEAKER DENDEKKER:  MS. WALKER

                    YIELDS.

                                 MR. PALUMBO:  GOOD MORNING, LATRICE.  THIS IS A

                    QUICK AND COORDINATED ATTACK BY THE THREE OF US, RIGHT?

                                 (LAUGHTER)

                                 MS. WALKER:  AS USUAL.

                                 MR. PALUMBO:  YOU KNOW, I'M ONLY TEASING; I'M

                    ONLY TEASING.

                                 (LAUGHTER)

                                 WE'RE ALWAYS PLEASANT.  SO I JUST HAVE A FEW QUESTIONS

                    REGARDING THE CHAPTER AMENDMENT THAT WE RECEIVED.  AND IT DOES

                    INDICATE NOW THAT WE DO HAVE ON THE FIRST PAGE OF THAT CHAPTER

                    AMENDMENT, IF YOU HAVE IT HANDY, I'LL JUST READ, THAT THE JUDGMENT --

                    ARE YOU THERE?  I JUST WANTED TO MAKE SURE --

                                 MS. WALKER:  I'M HERE.

                                 MR. PALUMBO:  OKAY, GOOD.  THAT BASICALLY IF THE

                    JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH AND IS A

                    CONVICTION FOR AN OFFENSE AS DEFINED IN SUBPARAGRAPH 1 OR 2 OF K OF THE

                    NEW SUBDIVISION 3 OF SECTION 160.50 - AND THIS IS REALLY THE SECTION I'M

                                         485



                    NYS ASSEMBLY                                                      JUNE 20, 2019

                    -- I WOULD LIKE TO FOCUS ON - IN WHICH CASE THE COURT SHALL PRESUME THAT

                    A CONVICTION BY PLEA FOR THE AFOREMENTIONED OFFENSES WAS NOT

                    KNOWING, VOLUNTARY AND INTELLIGENT, AND IF IT HAS SEVERE OR ONGOING

                    CONSEQUENCES, INCLUDING BY NOT LIMITED TO POTENTIAL OR ACTUAL

                    IMMIGRATION CONSEQUENCES, AND SHALL PRESUME THAT A CONVICTION BY

                    VERDICT FOR SUCH AS THE AFOREMENTI