TUESDAY, JUNE 4, 2019 11:47 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 MONDAY, JUNE 3RD.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY JUNE 4, 2019

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

3RD AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, PLEASED TO

HAVE THE OPPORTUNITY TO SHARE A QUOTE OF THE DAY WITH COLLEAGUES AND

GUESTS AND STAFF THAT ARE IN THE CHAMBERS [SIC]. THIS ONE IS FROM

SYDNEY HARRIS, WHO IS AN AMERICAN JOURNALIST AND WORKED FOR DECADES

WITH THE CHICAGO DAILY NEWS AND THE CHICAGO SUN-TIMES. HIS QUOTE

IS, "THE TWO WORDS 'INFORMATION' AND 'COMMUNICATION' ARE OFTEN

INTERCHANGEABLE, BUT THEY SIGNIFY QUITE DIFFERENT THINGS. INFORMATION IS

GIVING OUT; COMMUNICATION IS GETTING THROUGH."

WE'RE GOING TO GET THROUGH A FEW THINGS TODAY, MR.

SPEAKER. WE HAVE A MAIN CALENDAR ON OUR DESK. THERE IS ALSO A

DEBATE LIST. AFTER ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL TAKE

UP RESOLUTIONS ON PAGE 3. AND THEN WE WILL CONTINUE TO CONSENT NEW

BILLS BEGINNING WITH CALENDAR NO. 486, WHICH IS ON PAGE 36, AND WE

WILL ALSO TAKE UP SOME BILLS ON DEBATE. MEMBERS SHOULD BE AWARE THAT

THERE ARE GOING TO BE COMMITTEES CALLED OFF THE FLOOR TODAY:

CORRECTIONS, LABOR, TOURISM, HOUSING AND WAYS AND MEANS. FOR OUR

MAJORITY COLLEAGUES, BE ADVISED THAT THERE IS GOING TO BE A DEMOCRATIC

CONFERENCE TODAY AT THE CONCLUSION OF SESSION. AND, OF COURSE, WE

WILL CONSULT WITH OUR COLLEAGUES AS WELL.

MR. SPEAKER, IF THERE ARE INTRODUCTIONS OR

NYS ASSEMBLY JUNE 4, 2019

HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: WE'LL START WITH

HOUSEKEEPING, MRS. PEOPLES-STOKES.

ON A MOTION BY MR. D'URSO, PAGE 16, CALENDAR NO.

212, BILL NO. 154-A, IT IS RETURNED TO ITS ORIGINAL PRINT.

ON A MOTION BY MS. SEAWRIGHT, PAGE 21, CALENDAR

NO. 262, BILL NO. A6650, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF AN INTRODUCTION, MRS. BARRETT.

(PAUSE)

MRS. BARRETT: SORRY, I'M BUSY TALKING TO MY

GUESTS.

ACTING SPEAKER AUBRY: WELL, YOU CAN

INTRODUCE AND TALK.

MRS. BARRETT: ALL RIGHT. THANK YOU, MR.

SPEAKER. IT'S MY GREAT PRIVILEGE TO INTRODUCE A DEAR FRIEND AND A

CONSTITUENT AND A FORMER EMPLOYEE OF THE NEW YORK STATE ASSEMBLY,

FORMER PROGRAM AND COUNSEL STAFF, CARLA GOLDSTEIN. CARLA WAS -- IS

THE JUST-APPOINTED PRESIDENT OF THE OMEGA INSTITUTE, WHICH IS IN MY

DISTRICT, WHICH IS A SPECTACULARLY BEAUTIFUL 250-ACRE SITE OF

PROGRAMMING AND WELLNESS, HOLISTIC HEALTH, SUSTAINABILITY. AND THEY'RE

-- THEY'VE JUST PUT CARLA IN THIS POSITION IN ORDER TO REALLY EXPAND THEIR

GLOBAL FOOTPRINT AND THEIR OPERATION. THEY WORK ONLINE. IT'S REALLY AN

EXTRAORDINARY RESOURCE THAT'S BEEN IN THE REGION FOR 40 YEARS, AND THE

WORLD HAS JUST MORE RECENTLY CAUGHT UP WITH ALL OF THE THINGS THAT THEY

HAVE PUT FORWARD. AND I'M THRILLED TO HAVE CARLA HERE. SHE SAID SHE

NYS ASSEMBLY JUNE 4, 2019

THINKS SHE RECALLS ACTUALLY SITTING HERE WITH PETE GRANNIS AT ONE POINT

WHEN SHE WAS COUNSEL FOR HOUSING. AND SO I'M THRILLED TO HAVE HER

HERE JOINING US TODAY, AND I HOPE YOU'LL EXTEND THE PRIVILEGES OF THE

FLOOR TO A FORMER FAMILY MEMBER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. BARRETT, THE SPEAKER AND ALL THE MEMBERS, CARLA, WELCOME

BACK. WE ARE SO PLEASED TO HAVE YOU, EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. SO GLAD THAT YOU ARE DOING WELL AND DOING SUCH IMPORTANT

WORK. CONTINUE THAT GREAT WORK, AND YOU ARE ALWAYS WELCOME HERE

BECAUSE YOU'RE NOT A FORMER, YOU ARE FAMILY. THANK YOU.

(APPLAUSE)

MS. MCMAHON.

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

ALLOWING ME TO INTRODUCE A SPECIAL GUEST WITH US TODAY, MY FRIEND,

AMANDA IRONS-RINDFLEISCH. SHE IS A CONSTITUENT OF MINE FROM THE

NIAGARA COUNTY PORTION OF MY DISTRICT. SHE'S AN INVESTIGATOR WITH THE

NIAGARA COUNTY SHERIFF'S DEPARTMENT. SHE'S ACTIVE IN HER UNION, THE

UNITED STEELWORKERS, AND SHE'S HERE IN ALBANY BECAUSE SHE SPOKE THIS

MORNING AT THE WOMEN OF STEEL LEADERSHIP CONFERENCE. SHE'S ACTIVE

IN HER COMMUNITY, AND AS A MEMBER OF THE TOWN OF PENDLETON

CONSERVATION BOARD, AND SHE'S VICE PRESIDENT OF MEMBERSHIP FOR THE

UNITED WAY OF GREATER NIAGARA'S WOMEN UNITED. SHE'S A WIFE, A

MOTHER, A DEAR FRIEND, AND I WOULD ASK THAT YOU WELCOME HER AND

AFFORD HER THE CORDIALITIES OF THE HOUSE.

THANK YOU.

NYS ASSEMBLY JUNE 4, 2019

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

HERE, AMANDA, TO THE NEW YORK CITY -- I MEAN, TO NEW YORK STATE

ASSEMBLY -- IT'S BEEN A LONG DAY ALREADY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. AND WE COMMEND YOU ON SO MANY DIVERSE

ACTIVITIES. IT'S A WONDER HOW YOU HAVE TIME TO COME AND VISIT US, BUT

WE ARE SO PLEASED THAT YOU'VE HAD THAT TIME. KNOW THAT YOU ARE ALWAYS

WELCOME. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. DESTEFANO.

MR. DESTEFANO: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO MAKE AN INTRODUCTION. THIS MORNING I'D LIKE TO RISE TO

INTRODUCE THREE FINE YOUNG MEN FROM CORNELL UNIVERSITY WITH AN

INITIATIVE TO STEER NEW YORK YOUTH POPULATION AWAY FROM NICOTINE

AT-LARGE. SOME ALTERNATIVES THEY PROPOSE ARE ATHLETICS, MUSIC AND

DESIRE -- AND TO GET THAT DESIRED HIGH FROM THOSE PARTICULAR THINGS

INSTEAD OF NICOTINE. THE GROUP WAS FOUNDED BY A GENTLEMAN BY -- BY

THE NAME OF JACK WAXMAN. I UNDERSTAND FROM THE SERGEANT-AT-ARMS

THAT HE'S BEEN HERE A FEW TIMES. AND HE'S HERE WITH US TODAY WITH

ROHAN SASSO FROM LONG ISLAND - MY HOMETOWN - AND PAUL AGBAJE

FROM MARYLAND. JACK CREATED A VIDEO CALLED "ESCAPE THE VAPE," AND

CONTINUED THE MESSAGE AT CORNELL WHERE THE CLUB WAS OFFICIALLY

RECOGNIZED AS THE -- AS THE SPRING AND CONTINUES TO GROW. THE PURPOSE

OF THEIR VISIT TODAY IS TO SUPPORT ASSEMBLY BILL NO. 47 WHICH PROHIBITS

THE SALE OF FLAVORED E-LIQUID CIGARETTES AND CONSEQUENTLY LOSE THE

NYS ASSEMBLY JUNE 4, 2019

APPEAL TO YOUTHS. I WOULD LIKE TO CONGRATULATE THEM ON THEIR EFFORTS

AND PARTICIPATION IN OUR DEMOCRACY. IF ANY OF YOU GET A CHANCE TO TALK

TO THESE THREE FINE INDIVIDUALS, YOU WILL LEARN THAT THEY'RE NOT ABOUT

PARTISANSHIP, THEY'RE ABOUT GETTING THINGS DONE.

SO I CONGRATULATE THEM, AND I ASK THAT YOU EXTEND THE

CORDIALITIES OF THE HOUSE, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DESTEFANO, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN, WE

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

YOU THE PRIVILEGES OF THE FLOOR, AND COMMEND YOU ON THE FINE PUBLIC

SERVICE WORK THAT YOU ARE DOING NOW, AND ANTICIPATE THAT YOU WILL

CONTINUE THAT WORK IN YOUR FUTURE. THANK YOU SO VERY MUCH FOR

JOINING US.

(APPLAUSE)

MR. RAIA FOR THE PURPOSES OF AN INTRODUCTION.

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

ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN INTRODUCTION.

OVER THE LAST 17 YEARS, I'VE INTRODUCED A LOT OF PEOPLE ON THIS FLOOR.

THE ONE PERSON I HAVE YET TO DO IS MY MOTHER, JO-ANN RAIA -- YOU CAN

STAND.

(LAUGHTER)

OUR -- OUR TOWN CLERK. NOW, FOR 17 YEARS MANY OF

YOU IN THIS ROOM HAVE HEARD ME INVOKE HER NAME -- MOM'S NOT GONNA

LIKE THAT OR MOM'S GONNA LIKE THAT. BUT I DO THAT BECAUSE FOR THE LAST

38 YEARS SHE HAS BEEN THE TOWN CLERK FROM THE TOWN OF HUNTINGTON;

NYS ASSEMBLY JUNE 4, 2019

THE LONGEST-SERVING TOWN CLERK DATING BACK TO 1653. DURING HER

TENURE, SHE'S BEEN ELECTED -- NOMINATED THE NEW YORK STATE TOWN

CLERK OF THE YEAR. HER RESUME IS ABOUT 40 PAGES LONG, BUT JUST SOME

OF THE HIGHLIGHTS: SHE HAS AN AWARD-WINNING ARCHIVES, PRESERVING THE

TOWN'S HISTORY DATING BACK TO 1653. AND JOINING US ALSO IS HER

ARCHIVIST, ANTONIA MATTHEOU, WHO'S -- WHO'S REALLY PUT TOGETHER THAT

ARCHIVES. SO WHEN YOU COME TO HUNTINGTON YOU CAN ACTUALLY TRACE

YOUR -- THE HERITAGE RIGHT BACK TO THE REVOLUTIONARY WAR. BUT THE LIST

OF ACCOMPLISHMENTS GOES ON AND ON AND ON. I'M JUST HONORED TO BE HER

SON. IF YOU DON'T LIKE THE WAY I TURNED OUT, I GUESS YOU CAN BLAME HER,

BUT --

(LAUGHTER)

BUT I -- I -- I FEEL I'VE -- I'VE LEARNED A LOT OF GOOD

THINGS FROM HER AND HAVE TRIED TO USE THEM WISELY ON THE FLOOR. SHE IS

RETIRING THIS YEAR AFTER 38 YEARS. I MAY BE RETIRING, TOO. TIME WILL TELL.

BUT I JUST WANTED TO TAKE THIS OPPORTUNITY TO INTRODUCE EVERYBODY TO

SOMEBODY THAT I AM VERY PROUD OF, AND WOULD ASK THAT YOU OFFER THEM

THE CORDIALITIES OF THE HOUSE, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

YOUR SON, THE SPEAKER AND ALL THE MEMBERS, MOM, WE WELCOME YOU

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

PRIVILEGES OF THE FLOOR. WE ARE SO PLEASED THAT YOU'VE HAD THE CHANCE

TO JOIN US. WHAT AN EXTRAORDINARY CAREER YOU'VE HAD, AND I'M SURE YOU

HAVE MADE YOUR SON VERY PROUD, AS I'M SURE HE HAS MADE YOU PROUD.

AND TO YOUR ARCHIVIST, ALSO WELCOME. WE'RE HAPPY TO HAVE YOU. BOTH

NYS ASSEMBLY JUNE 4, 2019

OF YOU ARE EXTENDED THE PRIVILEGES OF THE FLOOR. THANK YOU, AND WE

HOPE TO SEE YOU AGAIN BEFORE ALL THINGS CHANGE. THANK YOU SO VERY

MUCH.

(APPLAUSE)

MS. WOERNER FOR THE PURPOSES OF AN INTRODUCTION.

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

ALLOWING ME TO INTERRUPT OUR PROCEEDINGS TO MAKE AN INTRODUCTION OF A

TRULY EXEMPLARY LEADER WHO IS JOINING US HERE TODAY. KEITH KOSTER IS A

CONSTITUENT OF MINE AND -- AND IS A NAVY VETERAN. HE IS CHAPLAIN OF

THE ADIRONDACK LEGION POST 70 IN SARATOGA SPRINGS, AND IS PAST STATE

VICE COMMANDER OF THE AMERICAN LEGION AS WELL AS PAST COUNTY AND

DISTRICT COMMANDER. YOU MAY WONDER WHY HE IS HERE TODAY FOR US TO

RECOGNIZE HIM, AND THAT IS BECAUSE HE IS A THREE-TIME 46ER. HE HAS

CLIMBED ALL 46 OF THE ADIRONDACK HIGH PEAKS THREE TIMES, INCLUDING

ONCE IN THE WINTER. HE ALSO COMPLETED THE CENTENNIAL CHALLENGE,

CLIMBING ALL 46 HIGH PEAKS IN ONE YEAR, BEGINNING ON MARCH 17, 2018

AND FINISHING THIS YEAR ON MARCH 15TH. HE DID THIS TO PROMOTE THE

AMERICAN LEGION'S 100TH ANNIVERSARY, ANOTHER -- ANOTHER MILESTONE IN

AN -- IN AN IMPORTANT ORGANIZATION'S HISTORY. HE TOOK PHOTOGRAPHS AT

THE TOP OF EACH PEAK, CARRYING THE AMERICAN LEGION FLAG AND HE HOPES

THAT BY COMPLETING THIS CHALLENGE HE WILL INSPIRE OTHER, ESPECIALLY

YOUNG VETERANS WITH -- DEALING WITH PTSD TO SIMILARLY REACH HIGH

HEIGHTS.

MR. SPEAKER, IF YOU WILL EXTEND THE CORDIALITIES OF THE

HOUSE TO THIS TRULY EXTRAORDINARY MAN, IT WOULD BE A GREAT HONOR.

NYS ASSEMBLY JUNE 4, 2019

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

PRIVILEGES OF THE FLOOR. OUR GRATITUDE FOR THE SERVICE THAT YOU HAVE

PROVIDED TO THIS COUNTRY, AND THE SERVICE THAT YOU ARE NOW PROVIDING TO

VETERANS ALL OVER THE STATE. CONTINUE THAT. I'M IN AWE THAT YOU HAVE

CLIMBED THOSE. I HOPE YOU STAY AWAY FROM THE HIMALAYAS. I HEAR

THEY'RE A LITTLE DANGEROUS THESE DAYS, AND WE WANT TO KEEP YOU IN NEW

YORK STATE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. SAYEGH FOR THE PURPOSES OF AN INTRODUCTION.

MR. SAYEGH: THANK YOU, MR. SPEAKER. I RISE AND

-- AND THANK YOU FOR THE OPPORTUNITY TO INTERRUPT THE PROCEEDINGS TO

INTRODUCE A VERY GOOD FRIEND AND SOMEONE WHO'S HERE WITH MANY

MEMBERS OF TRANSPORT WORKERS UNION OF GREATER NEW YORK, PART OF

THE AFL-CIO LOCAL 100. THEY'RE HERE IN ALBANY TO REPRESENT THE

RIGHTS OF WORKERS, PRIMARILY TRAIN AND BUS DRIVERS. AND I'D LIKE TO

INTRODUCE GUS MOGHRABI AND THE MEMBERS OF THIS GROUP THAT HAVE

WORKED VERY HARD AND SHOWN PASSION FOR THE RIGHTS OF WORKERS AND THE

RIGHT TO PROCEED IN THE PROPER WAY.

SO, I'D LIKE YOU TO PLEASE GIVE THEM THE CORDIALITY OF

THE COURT -- OF THE HOUSE TODAY. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

GREAT MEMBERS OF UNIONS HERE TO THE NEW YORK STATE ASSEMBLY. WE

NYS ASSEMBLY JUNE 4, 2019

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

YOUR FELLOW MEMBERS, AND ALSO FOR IMPROVING THIS STATE. THANK YOU SO

VERY MUCH FOR YOUR WORK.

(APPLAUSE)

MS. WALKER.

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

ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN

INTRODUCTION. I, TOO, WOULD LIKE TO EXTEND A -- A RAVING INTRODUCTION TO

SOME VERY IMPORTANT MEMBERS OF LOCAL 100, WHICH IS A CHAPTER OF THE

TRANSPORT WORKERS UNION OF AMERICA WHICH REPRESENTS TRANSPORTATION

WORKERS AND BUS AND SUBWAY LINES AND SEVERAL AIRLINES WORLDWIDE.

THE LOCAL PRIMARILY REPRESENTS WORKERS IN THE NEW YORK CITY PUBLIC

TRANSPORTATION SYSTEM, AND AT SOME PRIVATE BUS LINES SERVING THE NEW

YORK CITY METROPOLITAN AREA. THEY HAVE ABOUT 41,000 MEMBERS WHO

ARE ACTIVELY WORKING, AND ABOUT 26,000 RETIREES. TWU LOCAL SCHOOL

BUS DRIVERS, SCHOOL BUS MONITORS, CONDUCTORS AND TRAIN OPERATORS,

PLEASE ALLOW ME TO INTRODUCE MR. GUS MOGHRABI, BARRY COHEN, JAMILLE

ABE, ORLANDO VASQUEZ, JAMIRY PABON, LAURA MCLAUGHLIN, CHARLES

CUSTDIO, LOUIS FERNANDEZ, ERIC LOEGEL, DAVE SCICHIILONE, RAUL LUGO,

RAFAEL LOPEZ, AND ZACH ARCHIDIA -- ARCIDIACONO. PLEASE EXCUSE ME,

ZACH, FOR FOULING UP YOUR NAME. BUT CHARGE IT TO MY HEAD AND NOT TO

MY HEART.

MR. SPEAKER, PLEASE EXTEND THE CORDIALITIES AND THE

PRIVILEGES OF THE HOUSE TO THESE FINE MEN AND WOMEN OF NEW YORK

CITY.

NYS ASSEMBLY JUNE 4, 2019

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. WALKER, THE SPEAKER AND ALL THE MEMBERS, AGAIN, WE WELCOME

THESE UNION MEMBERS HERE TO THE NEW YORK STATE ASSEMBLY, THE

PEOPLE'S HOUSE. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, AND OUR

THANKS FOR THE WORK THAT YOU DO TO MOVE NEW YORK AND KEEP NEW

YORK SAFE. THANK YOU SO VERY MUCH. CONTINUE THAT GREAT WORK.

(APPLAUSE)

MR. PICHARDO.

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

ALLOWING ME TO INTERRUPT THE PROCEEDINGS. I WANT TO TAKE THIS

OPPORTUNITY TO INTRODUCE MY NEIGHBORS FROM AARP WHO HAVE DONE

YEOMAN'S WORK IN MAKING SURE THAT THE ISSUES OF OUR MOST EXPERIENCED

CITIZENS GO THROUGH IN MAKING SURE THAT WE ADVOCATE FOR THEM. AND I

JUST WANTED TO TAKE THIS OPPORTUNITY VERY QUICKLY, MR. SPEAKER, TO

INTRODUCE A FEW OF MY CONSTITUENTS AND THE FOLKS THAT I HAVE THE HONOR

OF CALLING MY BOSSES. CHERYL CHAPMAN, LEOL PHILLIPS, BRENDA

MOULTIRE, LILLIAN JONES, JEAN COVINGTON, RANDY WALKER, ALICE

HOLLOWAY, CAROL SCAREROUGH, CAROL JENNINGS, STEPHANIE FOSTER, DORIS

BOWENS, YVONNE HAWKINS, FLORENCE JOHNSON, ERNESTIN MURRAY,

QULARDEAN BROWN, LUCILLE DOWNING NASH, ELVA WARREN, CLEO

HAMILTON AND JAQUELINE HALL. THESE FOLKS ADVOCATE ON BEHALF OF OUR

MOST EXPERIENCED CITIZENS HERE IN THE STATE, BUT MORE IMPORTANTLY, I AM

HONORED TO REPRESENT THEM HERE IN THE NEW YORK STATE LEGISLATURE.

SO PLEASE, MR. SPEAKER, IF YOU CAN EXTEND TO THEM THE

CORDIALITIES OF THE HOUSE, I MOST CERTAINLY WILL APPRECIATE THAT, SIR.

NYS ASSEMBLY JUNE 4, 2019

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. PICHARDO, MR. BARRON, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THESE DISTINGUISHED MEMBERS OF AARP HERE TO THE NEW YORK

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

KNOW THAT THIS IS THE PEOPLE'S HOUSE, YOU ARE ALWAYS WELCOME HERE.

WE HOPE THAT YOUR MESSAGE HAS BEEN HEARD THIS DAY IN ALBANY, AND

CONTINUE THAT GREAT WORK BECAUSE SOME OF US ARE MEMBERS NO MATTER

WHAT. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTRODUCE TWO VERY DISTINGUISHED

CITIZENS OF THE STATE OF NEW YORK THAT ARE IN OUR CHAMBERS [SIC] WITH

US TODAY. THEY HAPPEN TO BE THE CHILDREN OF OUR COLLEAGUE, MICHELE

TITUS. SO WE HAVE JUSTIN -- JUSTIN IS A STUDENT AT CORNELL UNIVERSITY --

AND HIS SISTER, SYDNEY DEBERRY, IS A GRADUATING SCHOLAR -- GRADUATING

THIS YEAR FROM SCHUYLER'S HIGH SCHOOL [SIC] IN THE GREAT BOROUGH OF

QUEENS, I ASSUME.

SO, MR. SPEAKER, IF YOU WOULD PLEASE EXTEND THE

CORDIALITIES OF THE HOUSE TO THESE BRILLIANT STUDENTS AND YOUNG PEOPLE

THAT HAVE JOINED US IN OUR CHAMBERS [SIC] TODAY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES AND YOUR MOTHER, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME BOTH OF YOU HERE TO THE NEW YORK STATE

ASSEMBLY. YOU ARE FAMILY. YOU ARE ALWAYS WELCOME HERE AND YOU

NYS ASSEMBLY JUNE 4, 2019

ALWAYS HAVE THE PRIVILEGES OF THE FLOOR. WE ARE SO PLEASED THAT YOU

HAVE JOINED US AND JOINED YOUR MOM, OBVIOUSLY MAKING HER VERY

HAPPY TODAY. HOPEFULLY YOU ENJOY AND CONTINUE TO BE SUCCESSFUL. AND

I HAVE A SON WHO IS A GRADUATE OF CORNELL, SO GO BIG RED. THANK YOU

SO VERY MUCH.

(APPLAUSE)

MR. PALUMBO FOR AN INTRODUCTION.

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

ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN

INTRODUCTION. I'M HONORED TO BE JOINED IN THE CHAMBER TODAY BY

MARLENE ASULIN, MARY NAER, KAREN MCLEAN, LYNDA NIELSON, MICKEY

SOLAN, LILLIAN FELICIO AND MARYELLEN SCAROLA. THEY'RE HERE IN THE

CHAMBER FOR THE FIRST TIME, AND THEY'RE ADVOCATING ON BEHALF OF SCHOOL-

RELATED PROFESSIONALS AND SCHOOL STAFF AND ADVOCATING FOR SOME

LEGISLATION THAT IS VERY IMPORTANT TO THEM. AND -- THERE THEY ARE. AND

IF YOU -- IF YOU WOULD BE SO KIND AS TO PROVIDE THESE FINE FOLKS WITH THE

CORDIALITIES OF THE FLOOR AS WELL AS ALL THE CORDIALITIES OF THE HOUSE.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, HOPE YOUR DAY OF ADVOCACY

HAS BEEN BENEFICIAL. CONTINUE THE GREAT WORK THAT YOU'RE TAKING CARE OF

OTHER FOLKS WHO NEED TO BE TAKEN CARE OF. THANK YOU SO VERY MUCH FOR

YOUR HELP.

NYS ASSEMBLY JUNE 4, 2019

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

NOW DO RESOLUTIONS STARTING ON PAGE 3. AND WE WANT TO START WITH

ASSEMBLY NO. 484 BY MS. LUPARDO. ON 485, OUR MEMBER GLICK

WOULD LIKE TO SPEAK ON, AND THAT IS IT, MR. SPEAKER. RESOLUTIONS ON

PAGE 3.

ACTING SPEAKER AUBRY: PAGE 3, 484, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 484, MS.

LUPARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS DAIRY MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 485, MS.

GLICK.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS GAY PRIDE MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. GLICK ON THE

RESOLUTION.

MS. GLICK: THANK YOU, MR. SPEAKER. THIS MONTH

NYS ASSEMBLY JUNE 4, 2019

IS A PARTICULARLY POIGNANT ONE FOR THE LGBTQ COMMUNITY. IT IS THE

50TH ANNIVERSARY OF THE STONEWALL UPRISING. FOR MANY OF US, THAT

BECAME THE BEGINNING OF A RESURGENT LGBT COMMUNITY AND ACTIVISM.

BUT IT ALSO REMINDS US THAT AS FAR AS WE HAVE COME, IT IS ONLY THIS PAST

-- THIS PARTICULAR SESSION JUST A FEW MONTHS AGO, IN WHICH THE

TRANSGENDER COMMUNITY WAS GIVEN ITS BASIC CIVIL RIGHTS. I SERVED IN

THIS HOUSE FROM 1991 TO 2002 WITHOUT MY BASIC CIVIL RIGHTS BEING

RECOGNIZED IN THE STATE OF NEW YORK. WHILE MANY JURISDICTIONS WOULD

HAVE RECOGNIZED THOSE RIGHTS, THERE WERE MANY THAT DID NOT. AND AS A

SITTING MEMBER OF THIS HOUSE, I COULD HAVE BEEN ASKED TO LEAVE A

PUBLIC ACCOMMODATION WITHOUT ANY RECOURSE -- LEGAL RECOURSE UP UNTIL

THE YEAR 2002. SO WHILE THIS IS A VERY BIG CELEBRATORY YEAR AS THE 50TH

ANNIVERSARY, IT IS ALSO A REMINDER THAT AS FAR AS WE HAVE COME, WE ARE

STILL FIGHTING FOR BASIC RECOGNITION. AND THAT INCLUDES RECENT ATTEMPTS

BY THE FEDERAL ADMINISTRATION TO END ACCEPTANCE OF TRANSGENDER

SERVICE PEOPLE, MANY OF WHOM HAVE RISKED THEIR LIVES AND GIVEN THEIR

LIVES FOR THIS COUNTRY. AND STILL WE FACE THE CONTINUED HATE CRIMES THAT

ARE ON THE RISE, NOT JUST FOR THE GAY COMMUNITY, BUT FOR PEOPLE OF

DIFFERENT FAITHS AND PEOPLE OF DIFFERENT RACES. SO IT IS A REMINDER THAT

WHILE WE ARE CELEBRATING, IT IS JUST A -- A STEP IN A LONGER JOURNEY.

AND I THANK YOU, MR. SPEAKER, FOR YOUR FORBEARANCE

AND I URGE A VERY LOUD AYE VOTE SUPPORTING THIS RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU, MS.

GLICK.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

NYS ASSEMBLY JUNE 4, 2019

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 486, MR.

FALL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS VOLUNTEER MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 487, MR.

CYMBROWITZ.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2, 2019, AS CANCER SURVIVORS

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 488, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 4, 2019, AS ANIMAL ADVOCACY

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

NYS ASSEMBLY JUNE 4, 2019

THE CLERK: ASSEMBLY RESOLUTION NO. 489, MR.

MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2019, AS PROSTATE CANCER

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

MRS. PEOPLES-STOKES.

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

WOULD PLEASE CALL THE LABOR COMMITTEE TO THE SPEAKER'S CONFERENCE

ROOM.

ACTING SPEAKER AUBRY: LABOR COMMITTEE,

SPEAKER'S CONFERENCE ROOM. PLEASE GO THERE IMMEDIATELY.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE CAN HAVE COLLEAGUES -- NOW WE'RE GOING TO GO TO PAGE

36. WE'RE GOING TO START WITH CALENDAR NO. 486 BY MR. CAHILL, WHO IS

RIGHT UP THERE.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02223-A, CALENDAR

NO. 486, CAHILL, FAHY, RAIA. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO ALLOWABLE EXPENSES FOR TITLE INSURANCE CORPORATIONS AND TITLE

INSURANCE AGENTS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY JUNE 4, 2019

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THIS IS OUR FIRST VOTE OF

THE DAY, MEMBERS. IF YOU'RE IN AND AROUND THE CHAMBERS [SIC], PLEASE

CAST YOUR VOTE. THIS IS THE FIRST VOTE OF TODAY.

ACTING SPEAKER AUBRY: FIRST OF THE DAY,

MEMBERS. PLEASE CAST YOUR VOTE NOW.

MR. CAHILL TO EXPLAIN HIS VOTE.

MR. CAHILL: THANK YOU, MR. SPEAKER. THIS

LEGISLATION BY SENATOR BRESLIN AND I WILL PROVIDE A SET OF TOOLS FOR THE

DEPARTMENT OF FINANCIAL SERVICES TO APPROPRIATELY AND COMPLETELY

REGULATE THE TITLE INSURANCE INDUSTRY. AS SOME OF YOU MAY KNOW, A

REGULATION OR TWO THAT WERE -- THAT WAS PROMULGATED BY THE DEPARTMENT

A FEW YEARS AGO BECAME THE SUBJECT OF INTENSE LITIGATION, AND IT IS

CURRENTLY IN LITIGATION. IF THIS BILL BECOMES LAW, IT IS HOPEFUL THAT THAT

CAN RESOLVE THE ISSUE THAT IS BEING LITIGATED, AND THAT ONCE AND FOR ALL

THE DEPARTMENT WILL HAVE THE TOOLS IT NEEDS TO APPROPRIATELY PROVIDE

GUIDELINES TO THE TITLE INDUSTRY AS TO WHAT THEY CAN AND CANNOT DO AS A

MARKETING ACTIVITY, AND WILL PREVENT THE DEPARTMENT FROM HAVING TO --

AS -- AS IT APPEARS THEY HAVE DONE IN THE PAST -- FILL IN THE GAPS IN THE

LAW. THE EXISTING LAW REGULATES THE RELATIONSHIP BETWEEN TITLE

INSURANCE COMPANIES AND THEIR CUSTOMERS. THIS REGULATES THE -- THE

NYS ASSEMBLY JUNE 4, 2019

ACTIVITIES OF TITLE INSURANCE COMPANIES GENERALLY.

I WITHDRAW MY REQUEST AND URGE MY COLLEAGUES TO JOIN

ME IN VOTING YES.

ACTING SPEAKER AUBRY: MR. CAHILL IN THE

AFFIRMATIVE.

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: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02437, CALENDAR NO.

488, ENGLEBRIGHT, LUPARDO, CRESPO, SOLAGES, L. ROSENTHAL, GALEF,

LIFTON, OTIS, COLTON, D'URSO. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW AND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO

ESTABLISHING A STATE GEOLOGICAL TRAIL.

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.)

NYS ASSEMBLY JUNE 4, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. 489, MS. WALLACE --

I'M SORRY. ASSEMBLY NO. A02480, CALENDAR NO. 489, WALLACE,

DE LA ROSA, ROZIC, RYAN, D'URSO, SCHIMMINGER, BURKE, EICHENSTEIN,

MCMAHON. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

SETTING LIMITS ON SEVERANCE PACKAGES FOR PUBLIC AT-WILL EMPLOYEES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WALLACE, 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: IF YOU COULD PLEASE CALL

THE HOUSING COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM. MR.

CYMBROWITZ IS READY. THANK YOU.

ACTING SPEAKER AUBRY: HOUSING COMMITTEE,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY. THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02539-A, CALENDAR

NYS ASSEMBLY JUNE 4, 2019

NO. 490, HEVESI. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES,

IN RELATION TO ESTABLISHING AN EXCEPTION FOR VICTIMS OF CHILD SEXUAL

ABUSE TO THE TRUST EXEMPTION FROM APPLICATION TO THE SATISFACTION OF A

MONEY JUDGMENT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02758-A, CALENDAR

NO. 491, ORTIZ, RAMOS, CUSICK, BARRETT, COLTON, WEPRIN, SEAWRIGHT.

AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO CREATING A

PUBLIC EDUCATION INITIATIVE DESIGNED TO ELIMINATE STIGMA AND

MISINFORMATION ABOUT MENTAL ILLNESS AND SUBSTANCE USE AMONG MILITARY

SERVICE MEMBERS; 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.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ORTIZ TO EXPLAIN HIS VOTE.

BUT ONE MINUTE, MR. ORTIZ. YOU'RE GOING TO ASK THE

MEMBER -- HELLO (PAUSE) -- NO, YOU'RE -- YOU'RE GOOD, MR. ORTIZ. WE'RE

ASKING YOUR COLLEAGUE TO SIT, PLEASE. OKAY, NOW.

MR. ORTIZ: OKAY. THANK YOU. THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. THIS LEGISLATION WILL

CREATE A PUBLIC EDUCATION INITIATIVE THAT WILL ELIMINATE THE STIGMA AND

MISINFORMATION ABOUT MENTAL ILLNESS AND SUBSTANCE USE AMONG SERVICE

NYS ASSEMBLY JUNE 4, 2019

MEMBERS IN THE MILITARY, PROVIDE INFORMATION REGARDING AVAILABLE

RESOURCES AND HOW TO ACCESS THEM, AS WE ARE NOW 30 PERCENT OF ACTIVE

DUTY AND RESERVE PERSONNEL DEPLOYED IN IRAQ AND AFGHANISTAN HAVE A

MENTAL HEALTH PROBLEM REQUIRING TREATMENT. SO WE HOPE THAT THIS PIECE

OF LEGISLATION WILL BE ABLE TO ADDRESS THESE NEEDS, AND SPECIFICALLY THE

STIGMA THAT GET CREATED AND OUR VETERANS WILL MOVE FORWARD TO RECEIVE

THE SERVICES THAT THEY DESERVE.

THEREFORE, MR. SPEAKER, I WILL BE VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ORTIZ IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02835, CALENDAR NO.

492, LAVINE, ABINANTI, COLTON, ZEBROWSKI, SEAWRIGHT, TAYLOR, D'URSO,

GALEF, STIRPE, SIMON. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE

INSURANCE LAW, IN RELATION TO HEALTH CARE PROFESSIONAL APPLICATIONS AND

TERMINATIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02880, CALENDAR NO.

493, HUNTER. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO DENIAL

OF COVERAGE OF TREATMENT RELATED TO HEALTH CARE SERVICES FOR WHICH

PRE-AUTHORIZATION WAS GRANTED.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY JUNE 4, 2019

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.

MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT IS REALLY A GREAT PLEASURE AND HONOR FOR ME TO INTRODUCE

DYLAN HOUSEKNECHT, WHO IS JOINED BY HIS FATHER, CHRIS, AND HIS

GRANDFATHER, SCOTT, AND HIS COACH DANIEL BATHCHELDER. DYLAN HAS THE

UNIQUE HONOR OF BEING THE NEW YORK STATE CHAMPION HIGH SCHOOL

WRESTLER IN THE 295 -- OR 265-POUND CATEGORY. AND I TALKED TO HIM A

LITTLE BIT EARLIER. I THINK HE COULD PROBABLY TAKE ME --

(LAUGHTER)

-- BUT, FORTUNATELY, DYLAN HAS A GREAT DISPOSITION. HE'S

DOING FABULOUS IN -- IN HIGH SCHOOL, AND HE'S LOOKING FORWARD TO GOING

ON TO -- TO COLLEGE HERE IN NEW YORK STATE AT SUNY CORTLAND. AND HE

WON THE NEW YORK STATE CHAMPIONSHIP HERE IN ALBANY IN FRONT OF A

CAPACITY CROWD JUST OVER BY THE TIMES UNION AREA.

AND SO IF YOU WOULD WELCOME THIS GREAT HIGH SCHOOL

WRESTLER - WHO I KNOW COULD TAKE ME AND MAYBE EVEN ALL OF US

TOGETHER - BUT LET'S KEEP HIM ON OUR GOOD SIDE AND EXTEND THE

NYS ASSEMBLY JUNE 4, 2019

CORDIALITIES OF -- OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. PALMESANO, MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, WE

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

PRIVILEGES OF THE FLOOR, COMMEND YOU ON YOUR ATHLETIC ABILITY AND THE

SKILL THAT IT OBVIOUSLY TAKES TO BE A WINNER. WE KNOW THAT WILL

CONTINUE ON INTO COLLEGE AND IN LIFE. YOU WILL LEARN HOW TO WIN IN ALL

DIFFERENT SITUATIONS. THANK YOU FOR SHARING THIS WITH US.

CONGRATULATIONS.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03235, CALENDAR NO.

494, DICKENS, RODRIGUEZ, WRIGHT, TAYLOR, VANEL, FALL, PERRY. AN ACT

TO AMEND THE BANKING LAW, IN RELATION TO ASSESSMENT OF THE RECORD OF

PERFORMANCE OF BANKING INSTITUTIONS IN HELPING TO MEET THE CREDIT NEEDS

OF LOCAL COMMUNITIES.

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.)

MS. DICKENS TO EXPLAIN HER VOTE.

MS. DICKENS: THANK YOU, MR. SPEAKER. THANK

YOU SO MUCH FOR ALLOWING ME THIS TIME. THIS BILL ALLOWS FOR THE

NYS ASSEMBLY JUNE 4, 2019

INCLUSION OF MWBES TO GIVE THE BANKING SUPERINTENDENT A BROADER

VIEW AS TO THE LENDING PRACTICES OF FINANCIAL INSTITUTIONS IN MINORITY

COMMUNITIES. HISTORICALLY, THERE ARE FEWER BANK BRANCHES IN MINORITY

NEIGHBORHOODS WHERE SMALL BUSINESSOWNERS CAN VISIT AND RECEIVE

COUNSELING AND ASSISTANCE FOR QUALIFYING FOR LOANS. THIS DATA WILL

ASSIST THE SUPERINTENDENT IN DETERMINING THE STRENGTHS AND WEAKNESSES

OF A FINANCIAL INSTITUTION'S POLICIES AND EFFORTS TO ENHANCE QUALIFICATION

OPPORTUNITIES FOR THE MINORITY BUSINESSOWNER. THERE WILL BE NO FISCAL

IMPACT ON NEW YORK STATE. OUTSIDE OF NOTICE TO FINANCIAL INSTITUTES,

THE SUPERINTENDENT'S REVIEW OF FINANCIAL INSTITUTIONS' LENDING PRACTICES

WILL REMAIN THE SAME WITH THE INCLUSION OF MWBES THAT APPLY FOR

LOANS, AND HOW MANY OF THOSE APPLICATIONS WERE APPROVED OR

DISAPPROVED BY SAID FINANCIAL INSTITUTION. THIS BILL WILL ALSO GRANT

FINANCIAL INSTITUTIONS THE OPPORTUNITY TO REPORT THEIR EFFORTS IN ASSISTING

MWBES' PREPAREDNESS AND SUBMISSION OF LOAN APPLICATIONS TO ENHANCE

THE POSSIBILITY OF BEING APPROVED. FOR INSTANCE, MY OFFICE MET WITH A

PARTICULAR BANK REPRESENTATIVE THAT INFORMED US OF THE TECHNICAL

BUSINESS CENTER THEY WILL BE OPENING UP ON 125TH STREET GEARED TO

ASSIST SMALL BUSINESSES AND NON-FOR-PROFITS IN AUGMENTING THEIR

FINANCIAL INFRASTRUCTURES SO THAT THEY WILL BE ELIGIBLE FOR GRANTS AND

SMALL BUSINESS LOANS. THE BANKING INSTITUTION WILL BEAR THE COST OF

REPORTING THIS INFORMATION TO THE SUPERINTENDENT. THIS INFORMATION IS

OR SHOULD BE PRESENTLY STORED AND AVAILABLE FOR REPORTING IN THE

FINANCIAL INSTITUTE'S BANKING DATABASE. THE REPORT CAN BE HANDLED

WITHIN THE EXISTING DFS APPROPRIATION. AND IT HAS -- WE HAVE NOT

NYS ASSEMBLY JUNE 4, 2019

RECEIVED ANY INDICATION OF ANY OPPOSITION FROM EITHER DFS OR THE NEW

YORK BANKERS ASSOCIATION.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. DICKENS IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE HOUSING COMMITTEE HAVING COMPLETED ITS WORK, CAN YOU

PLEASE CALL CORRECTIONS TO THE SPEAKER'S CONFERENCE ROOM

IMMEDIATELY?

ACTING SPEAKER AUBRY: CORRECTIONS,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY. THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03556, CALENDAR NO.

495, DINOWITZ, WRIGHT. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

IN RELATION TO MANIPULATION OF TRAFFIC CONTROL SIGNALS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03673, CALENDAR NO.

496, ENGLEBRIGHT, L. ROSENTHAL, GLICK, COLTON, D'URSO. AN ACT TO

AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING

THE ISSUANCE OF PERMITS AUTHORIZING THE USE OF WILD ANIMALS IN CIRCUSES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY JUNE 4, 2019

THE CLERK: ASSEMBLY NO. A03697, CALENDAR NO.

497, SCHIMMINGER, PEOPLES-STOKES. AN ACT TO AMEND THE LOCAL

FINANCE LAW, IN RELATION TO THE SALE OF MUNICIPAL OBLIGATIONS BY THE

COUNTY OF ERIE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SCHIMMINGER, 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. A03781, CALENDAR NO.

498, BARRETT, RYAN, SMULLEN, OTIS. AN ACT TO AMEND THE EDUCATION

LAW, IN RELATION TO COORDINATED PROJECT APPLICATIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY JUNE 4, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04074-A, CALENDAR

NO. 499, PAULIN, OTIS, GALEF, ABINANTI, BYRNE. AN ACT TO AMEND THE

AGRICULTURE AND MARKETS LAW, IN RELATION TO MUNICIPAL DIRECTORS OF

WEIGHTS AND MEASURES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PAULIN, 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 PICHARDO: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04253-A, CALENDAR

NO. 500, WEPRIN, O'DONNELL, COLTON. AN ACT TO AMEND THE CORRECTION

LAW, IN RELATION TO CONFIDENTIAL HEARING RECORDS.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04467-A, CALENDAR

NO. 501, ZEBROWSKI, JAFFEE, FERNANDEZ, REYES, HEVESI, MOSLEY,

BARRON, FINCH, ORTIZ, COLTON, MORINELLO, HUNTER. AN ACT TO AMEND THE

NYS ASSEMBLY JUNE 4, 2019

EXECUTIVE LAW, IN RELATION TO THE REPORTING OF DOMESTIC VIOLENCE

INCIDENTS.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER PICHARDO: 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 ALLOW A VICTIM OF DOMESTIC VIOLENCE TO REPORT THE INCIDENT AT

A POLICE DEPARTMENT THAT MAY NOT BE WHERE THE INCIDENT TOOK PLACE,

THEREFORE ALLOWING SOMEONE TO NOT HAVE TO GO BACK TO THE AREA BY

WHICH THEY WERE ABUSED, AND IT PROVIDES A MECHANISM FOR WHICH THE

POLICE DEPARTMENT TO FORWARD IT ON TO WHERE THE INCIDENT HAPPENED AND

TO ALLOW THEM TO CONDUCT THE INVESTIGATION. I WANT TO THANK THE VICTIM

IN MY HOME COUNTY WHO BROUGHT THIS SITUATION TO MY ATTENTION, AND I

BELIEVE WITH THIS BILL IT WILL MAKE NEW YORK A SAFER PLACE FOR VICTIMS

OF DOMESTIC VIOLENCE. AND I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN

THE AFFIRMATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: MR. ZEBROWSKI

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 4, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04481, CALENDAR NO.

502, CUSICK, ORTIZ, ABBATE, SCHIMMINGER, ENGLEBRIGHT, PERRY, OTIS.

AN ACT TO AMEND THE PUBLIC HEALTH LAW, THE TAX LAW AND THE STATE

FINANCE LAW, IN RELATION TO PROVIDING FOR TAXPAYER GIFTS FOR LEUKEMIA,

LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT AND

ESTABLISHING THE LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH,

EDUCATION AND TREATMENT FUND.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04520, CALENDAR NO.

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 PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04574, CALENDAR NO.

NYS ASSEMBLY JUNE 4, 2019

504, JEAN-PIERRE, D'URSO, STECK, GOTTFRIED, THIELE, SEAWRIGHT,

MONTESANO, WALKER, VANEL, RA, OTIS, EPSTEIN. AN ACT TO AMEND THE

PUBLIC SERVICE LAW, IN RELATION TO REQUIRING UTILITY COMPANIES TO

INCLUDE A NOTICE OF PUBLIC HEARINGS CONCERNING RATE INCREASES.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04654-A, CALENDAR

NO. 505, ROZIC, DENDEKKER, GRIFFIN, WALLACE, ORTIZ, LUPARDO,

B. MILLER, RA, D'URSO, COLTON, M.G. MILLER, GOTTFRIED, MOSLEY,

MCDONOUGH, REYES, WALSH, HUNTER, OTIS, NORRIS, JEAN-PIERRE. AN ACT

TO AMEND THE EDUCATION LAW, IN RELATION TO AUTHORIZING AND DIRECTING

THE COMMISSIONER OF EDUCATION TO DEVELOP A PROGRAM FOR CERTAIN

VETERANS TO RECEIVE HIGH SCHOOL DIPLOMAS.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04752-B, CALENDAR

NO. 506, ZEBROWSKI, WOERNER. AN ACT TO AMEND THE REAL PROPERTY TAX

LAW, IN RELATION TO REQUIRING ASSESSORS USING THE COMPARABLE SALES,

NYS ASSEMBLY JUNE 4, 2019

INCOME CAPITALIZATION OR COST METHOD FOR ASSESSMENTS TO CONSIDER

CERTAIN COMPARABLE PROPERTIES IN FORMULATING THE ASSESSMENT.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04767, CALENDAR NO.

507, BUCHWALD. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION

TO AUTHORIZING A PERSON TO HOLD THE OFFICE OF RECEIVER OF TAXES IN THE

TOWN OF NORTH CASTLE WHILE LIVING OUTSIDE OF SUCH MUNICIPALITY.

ACTING SPEAKER PICHARDO: 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 PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY JUNE 4, 2019

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

COULD PLEASE CALL THE TOURISM COMMITTEE TO THE SPEAKER'S CONFERENCE

ROOM IMMEDIATELY. MR. O'DONNELL IS AWAITING.

ACTING SPEAKER PICHARDO: TOURISM

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

COMMITTEE, START MAKING YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04770-A, CALENDAR

NO. 508, HUNTER, STECK, ARROYO, QUART, WALLACE. AN ACT TO AMEND THE

REAL PROPERTY LAW, IN RELATION TO PROHIBITING MORTGAGEES FROM

REQUIRING MORTGAGORS OF CERTAIN REAL PROPERTY TO PURCHASE FLOOD

INSURANCE EXCEEDING CERTAIN LIMITS.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04853-A, CALENDAR

NO. 509, JEAN-PIERRE, COOK, M.G. MILLER, ORTIZ, SEAWRIGHT, D'URSO,

MCDONOUGH, DICKENS, RAIA, MONTESANO, GIGLIO, RAMOS, RIVERA,

TITUS, QUART, LAVINE, GALEF, JAFFEE, WOERNER, LAWRENCE, RA, NIOU,

BARRON, BICHOTTE, DINOWITZ, BENEDETTO, ARROYO, L. ROSENTHAL, BYRNE,

CARROLL, M.L. MILLER, GARBARINO, PRETLOW, DIPIETRO, JOHNS, BARRETT,

ABINANTI, WEPRIN, WALSH, SANTABARBARA, CUSICK, WILLIAMS, AUBRY,

HEVESI, B. MILLER, MOSLEY, BUCHWALD, DE LA ROSA, BRABENEC, COLTON,

SOLAGES, PERRY, STERN, STIRPE, WALKER, STECK, HYNDMAN, TAGUE,

NYS ASSEMBLY JUNE 4, 2019

PALUMBO, TAYLOR, SMITH, FAHY, RODRIGUEZ, FINCH, PICHARDO, HAWLEY,

DILAN, LIPETRI. AN ACT TO AMEND THE NAVI -- NAVIGATION LAW, IN

RELATION TO ENACTING BRIANNA'S LAW.

ACTING SPEAKER PICHARDO: ON A MOTION BY

MS. JEAN-PIERRE, SORRY. 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 ON THE 365TH

DAY.

ACTING SPEAKER PICHARDO: 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. I

WOULD LIKE TO -- FOR YOU ALL TO MEET GINA LIENECK, WHO HAS JOINED US

HERE IN THE CHAMBER TODAY. I'M SURE YOU ALL HAVE MET GINA MANY

TIMES. GINA HAS TAKEN THE PERSONAL TRAGEDY OF THE LOSS OF HER YOUNG

DAUGHTER, BRIANNA LIENECK, AND TURNED IT INTO A POSITIVE CHANGE THAT IS

GOING TO TRULY SAVE LIVES. IT IS BECAUSE OF GINA'S STEADYFAST [SIC] AND

TENACITY THAT WE ARE ALL HERE VOTING ON THIS TODAY. WE ARE HERE TODAY TO

CHANGE THE STATUS QUO, BECAUSE THE STATUS QUO SAYS THAT IF YOU'RE IN

NEW YORK AND OLDER THAN 23 YEARS OF AGE, YOU NEVER NEED TO TAKE A

BOATING SAFETY COURSE BECAUSE OPERATING THESE LARGE MOTOR-POWER --

MOTOR-POWERED VEHICLES. SURROUNDING STATES LIKE NEW JERSEY AND

CONNECTICUT HAVE MANDATORY EDUCATION FOR ALL POWER BOATERS, AND IT'S

NYS ASSEMBLY JUNE 4, 2019

TIME FOR US TO FOLLOW SUIT. WITH OVER 450,000 REGISTERED POWER BOATERS

-- BOATS IN NEW YORK STATE, IT IS ESSENTIAL THAT WE DO ALL WE CAN DO TO

MAKE SURE THAT ALL BOATERS ARE AWARE OF THE RESPONSIBILITIES THAT COME

WITH OPERATING A BOAT ON OUR WATERWAYS. I'D LIKE TO THANK A FEW SPECIAL

PEOPLE WITHOUT WHOM WE WOULD NOT BE HERE TODAY. TO GINA LIENECK,

BRIANNA IS LOOKING DOWN ON THIS CHAMBER RIGHT NOW, BEAMING WITH

PRIDE BECAUSE OF YOUR RELENTLESS EFFORTS TO MAKE OUR WATERWAYS SAFER.

THERE IS NO DOUBT IN THE WORLD THAT BRIANNA'S LAW WILL SAVE LIVES, AND

HER LEGACY WILL NOW BE CODIFIED INTO NEW YORK STATE'S HISTORY FOR

ETERNITY. THANK YOU FOR ALL YOU DID TO GET US HERE TODAY. TO MY

COLLEAGUE, ASSEMBLYMEMBER SANDY GALEF, WHO SPONSORED THE ORIGINAL

LEGISLATION BACK IN 2013 THAT PAVED THE WAY FOR US TO EVENTUALLY GET

EVERY NEW YORKER COVERED UNDER THIS LAW, THANK YOU FOR YOUR

LEADERSHIP ON MAKING NEW YORK WATERWAYS SAFER. I WOULD LIKE TO

THANK THE -- I WOULD LIKE TO ALSO THANK MY COLLEAGUE, SENATOR BROOKS.

AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER PICHARDO: MS. JEAN-PIERRE

IN THE AFFIRMATIVE.

MR. MONTESANO TO EXPLAIN HIS VOTE.

MR. MONTESANO: THANK YOU, MR. SPEAKER. I JUST

WANT TO COMMEND AND THANK THE SPONSOR FOR THIS BILL. I HAVE THE

PLEASURE OF COSPONSORING THIS BILL. IT'S LONG OVERDUE, IT'S VERY

NECESSARY. OUT ON LONG ISLAND WE HAVE ABOUT 100,000 REGISTERED

BOATS THAT OPERATE AT ANY GIVEN TIME, ESPECIALLY NOW IN THE SUMMER IN

THE BUSY SEASON. AND -- AND YOU COULD SEE JUST FROM THE PAST HISTORY

NYS ASSEMBLY JUNE 4, 2019

THE LAW ENFORCEMENT PERSONNEL FROM ALL THE TOWNS, THE BAY CONSTABLES

FROM HUNTINGTON, OYSTER BAY, GLEN COVE, HEMPSTEAD, THE COAST

GUARD, THE NASSAU COUNTY POLICE, THEY WILL TELL YOU THE WAY PEOPLE

OPERATE THESE BOATS WITH RECKLESS ABANDON. OR THEY DON'T EVEN

UNDERSTAND THE CONCEPT OF OPERATING A BOAT. THEY DON'T KNOW THE RULES

OF THE WATER, WHO HAS THE RIGHT-OF-WAY. SPEED, THE WEIGHT THEY

CARRIED. AND A LOT OF PEOPLE JUST DON'T BASICALLY REALIZE BOATS DON'T

HAVE ANY BRAKES ON THEM. AND SO IT'S VERY ESSENTIAL THAT PEOPLE THAT

OPERATE THESE VESSELS HAVE SOME LEAST BASIC TRAINING AND QUALIFICATIONS,

THEY'RE TESTED ON THEIR TRAINING AND THERE'S VERIFICATION OF THAT TRAINING.

YOU KNOW, THERE WAS SOME RESISTANCE IN THE BEGINNING FROM THE

BOATING INDUSTRY ABOUT THIS, AND THAT WE'VE SEEMED TO OVERCOME THAT

AND TO EDUCATE PEOPLE MORE ABOUT THEIR RESPONSIBILITIES AND ACTIONS

WHEN OPERATING A -- A WATERCRAFT ON OUR WATERS.

SO, I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER PICHARDO: MR. MONTESANO

IN THE AFFIRMATIVE.

MR. RAIA TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. LAST YEAR I HAD TO GIVE A RATHER LENGTHY DEBATE ON

THIS, BUT AS -- AS YOU CAN SEE, IT'S PASSING WITH CONSENT AND THAT'S

BECAUSE OF THE HARD WORK THAT GINA LIENECK HAS DONE OVER THE PAST

COUPLE OF YEARS, LITERALLY MEETING WITH EVERY LEGISLATOR, DOING WHAT

NEEDED TO BE DONE TO MAKE SURE THAT EVERYONE IN NEW YORK STATE THAT

USES OUR WATERWAYS WILL HAVE TO GET A LICENSE. CONGRATULATIONS TO YOU,

NYS ASSEMBLY JUNE 4, 2019

MY FRIEND. YOU DID A GOOD JOB.

BUT I JUST WANT TO SPEAK IN -- THE FACT THAT -- THE MATTER

-- THE FACT OF THE MATTER IS, PEOPLE DIE EVERY YEAR IN BOATING ACCIDENTS,

AND -- AND WE ALSO -- I WANT TO GIVE A SHOUT-OUT TO LISA GAINES, WHO

LOST HER DAUGHTER, VICTORIA, IN A BOATING ACCIDENT AS WELL. AS WELL AS A

NUMBER OF PEOPLE THAT HAVE DIED IN AND AROUND MY ASSEMBLY DISTRICT.

SO, I'M GLAD TO BE VOTING YES ON THIS PIECE OF

LEGISLATION. WE'RE GOING TO JOIN THE STATES THAT ARE AROUND US, AND OUR

WATERWAYS WILL BE SAFER AS A RESULT OF THIS. AND THANK YOU, KIMBERLY

JEAN-PIERRE AND SENATOR BROOKS IN THE SENATE FOR GETTING IT ACROSS THE

FINISH LINE. THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER PICHARDO: MR. RAIA IN THE

AFFIRMATIVE.

MR. STERN TO EXPLAIN HIS VOTE.

MR. STERN: THANK YOU, MR. SPEAKER. WE KNOW

THAT FAR TOO MANY FAMILIES THROUGHOUT THE ENTIRE STATE OF NEW YORK

HAVE SUFFERED THE TRAGIC LOSS OF LOVED ONES AS A RESULT OF RECKLESS,

NEGLIGENT OR INTOXICATED BOATING. I HAD THE PRIVILEGE OF WORKING WITH

GINA LIENECK TO AUTHOR AND PASS THE SUFFOLK COUNTY SAFER WATERWAYS

ACT YEARS AGO, TO REQUIRE BOATING SAFETY EDUCATION AND TO RAISE

AWARENESS OF THE ROLE THAT WE ALL NEED TO PLAY IN HELPING TO ENSURE SAFER

WATERWAYS FOR ALL OF US AND OUR FAMILIES. AND SO TODAY IS A SPECIAL

DAY. TODAY I PROUDLY STAND WITH GINA LIENECK IN SUPPORT OF BRIANNA'S

LAW, NAMED IN LOVING MEMORY OF BREEZY LIENECK, WHO LOST HER LIFE AT

11 YEARS OLD. THANK YOU, GINA, FOR YOUR PASSION, FOR YOUR UNWAVERING

NYS ASSEMBLY JUNE 4, 2019

COMMITMENT TO MAKE BREEZY'S LEGACY ONE OF SAFER WATERWAYS FOR ALL OF

US, AND TO HELP ENSURE THAT A DAY ON THE WATER WITH FAMILY AND FRIENDS

ARE ENJOYABLE AND MEMORABLE AND NOT ONE THAT ENDS IN TRAGEDY.

MR. SPEAKER, I'LL BE VOTING IN THE AFFIRMATIVE AND I ASK

ALL OF MY COLLEAGUES TO DO THE SAME BECAUSE BRIANNA'S LAW WILL SAVE

LIVES. THANK YOU.

ACTING SPEAKER PICHARDO: MR. STERN 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: ASSEMBLY NO. A04898, CALENDAR NO.

510, BLAKE, BARRON, BUCHWALD, COOK, MOSLEY, ORTIZ, PICHARDO, SIMON,

TAYLOR, ARROYO, DE LA ROSA, REYES. AN ACT TO AMEND THE PRIVATE

HOUSING FINANCE LAW, IN RELATION TO ADDITIONAL INFORMATION REQUIRED IN

ANNUAL REPORTS FOR LIMITED-PROFIT HOUSING COMPANIES.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. BLAKE TO EXPLAIN

NYS ASSEMBLY JUNE 4, 2019

HIS VOTE.

MR. BLAKE: THANK YOU, MR. SPEAKER AND -- AND

COLLEAGUES. VERY BRIEFLY, THANK YOU FOR YOUR -- YOUR SUPPORT ON THIS

BILL. FOR ANYONE THAT HAS A -- A MITCHELL-LAMA WITHIN THEIR DISTRICT, THIS

IS ABOUT ENSURING THAT HCR ACTUALLY PROVIDES THE INFORMATION AS TO

WHAT'S GOING ON WITHIN YOUR RESIDENCE AND DEVELOPMENT. MANY TIMES

WE'RE NOT AWARE ABOUT DISSOLVEMENT THAT IS HAPPENING. TENANTS ARE NOT

AWARE AS IT RELATES TO THE FUNDING AND THE DECISIONS OF THE BOARD. AND

THIS IS ABOUT ACTUALLY MAKING SURE THAT YOU HAVE THE OPPORTUNITY TO

HAVE THE PROTECTION ON YOUR HOME AND WHAT'S HAPPENING WITHIN YOUR

HOME. ANYONE THAT'S A PART OF MIDDLE-INCOME HOUSING ACROSS THE CITY

AND STATE DEFINITELY CAN APPRECIATE THE NECESSITY OF THIS. AND WITHOUT

THAT INFORMATION, WE ALL UNDERSTAND KNOWLEDGE IS POWER.

SO WE THANK YOU FOR YOUR SUPPORT ON THE BILL, AND I'M

CLEARLY VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. -- MR. BLAKE IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM IMMEDIATELY?

ACTING SPEAKER AUBRY: WAYS AND MEANS

NYS ASSEMBLY JUNE 4, 2019

COMMITTEE, SPEAKER'S CONFERENCE ROOM. PLEASE GO IMMEDIATELY.

THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04914, CALENDAR NO.

511, TITUS, LAVINE, PERRY, COOK, BARRON, PAULIN, PEOPLES-STOKES,

HYNDMAN, ROMEO. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

CREATING REGIONAL MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE

ADVOCATE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04944, CALENDAR NO.

512, STERN. AN ACT IN RELATION TO LEGALIZING, VALIDATING, RATIFYING AND

CONFIGURING -- CONFIRMING A TRANSPORTATION CONTRACT OF THE COLD SPRING

HARBOR CENTRAL SCHOOL DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STERN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 4, 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. A04983, CALENDAR NO.

513, BUCHWALD. AN ACT TO AMEND CHAPTER 507 OF THE LAWS OF 2016,

RELATING TO THE IMPOSITION OF AN OCCUPANCY TAX IN THE VILLAGE OF

HARRISON, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: THE HOME RULE

MESSAGE IS AT THE DESK.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05006, CALENDAR NO.

514, ABINANTI. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING THE TOWN OF MOUNT PLEASANT TO ADOPT A LOCAL LAW TO

IMPOSE A HOTEL/MOTEL OCCUPANCY TAX FOR HOTELS NOT LOCATED IN A VILLAGE;

AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05153, CALENDAR NO.

515, SCHIMMINGER. AN ACT TO AMEND THE STATE ADMINISTRATIVE

PROCEDURE ACT, THE EXECUTIVE LAW AND THE LEGISLATIVE LAW, IN RELATION

NYS ASSEMBLY JUNE 4, 2019

TO THE TRANSMITTAL OF CERTAIN RECORDS BY ELECTRONIC MEANS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SCHIMMINGER, 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.)

ACTING SPEAKER CRUZ: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05254-B, CALENDAR

NO. 516, WEPRIN, ROZIC, WRIGHT, PERRY. 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 CRUZ: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05419, CALENDAR NO.

517, SALKA. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE

FEE CHARGED FOR THE ISSUANCE OF BIRTH AND DEATH RECORDS.

ACTING SPEAKER CRUZ: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY -- ASSEMBLY NO. A05424,

CALENDAR NO. 518, CRESPO, SOLAGES, D'URSO, PICHARDO, SEAWRIGHT. AN

NYS ASSEMBLY JUNE 4, 2019

ACT TO AMEND THE JUDICIARY LAW, IN RELATION TO PROVIDING AN EXEMPTION

FROM JURY DUTY FOR BREASTFEEDING WOMEN.

ACTING SPEAKER CRUZ: 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 IMMEDIATELY.

ACTING SPEAKER CRUZ: 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. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. IT'S

MY HONOR ON BEHALF OF ASSEMBLYMAN DAVE DIPIETRO TO INTRODUCE A

SPECIAL GUEST. I'M NOT SURE HOW SHE MADE IT HERE TODAY WITH ALL THE

ACTIVITY OUTSIDE, BUT IT IS OUR HONOR TO WELCOME LYNNE KINSELLA. LYNNE

IS FROM EAST AURORA, WHICH IS JUST OUTSIDE OF BUFFALO. SHE'S THE PROUD

OWNER OF THE HISTORIC AURORA THEATER, WHICH HAS BEEN IN NUMEROUS

MOVIES AND TV COMMERCIALS. LYNNE IS A TRUSTEE WITH THE HISTORIC

ROYCRAFT [SIC] INN FOUNDATION, WHICH IS THE HOME OF THE ARTS AND CRAFTS

MOVEMENT WORLDWIDE, AND HAS ALSO BEEN A LEADER AND CHAIRWOMAN OF

THE "TOYFEST" PARADE, A WEEKEND EVENT WHICH SHE HELPED ORGANIZE WITH

FISHER-PRICE TOY COMPANY, WHICH IS ALSO HEADQUARTERED IN EAST AURORA.

NYS ASSEMBLY JUNE 4, 2019

LYNNE IS THE DE FACTO MAYOR OF THE VILLAGE AS SHE HELPS EVERYONE SHE

CAN. THAT'S WHERE YOU GET ALL THE WORK AND NONE OF THE ACCOLADES,

EXCEPT HERE ON THE FLOOR OF THE ASSEMBLY.

SO, IF YOU WOULD PLEASE WELCOME LYNNE KINSELLA ON

BEHALF OF ASSEMBLY DIPIETRO, I WOULD CERTAINLY APPRECIATE IT.

ACTING SPEAKER CRUZ: ON BEHALF OF MR.

GOODELL AND MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS DISTINGUISHED GUEST TO THE CHAMBER, EXTEND THE

PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU

FOR JOINING US.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05456, CALENDAR NO.

519, GOODELL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

THE FEE FOR ISSUANCE OF BIRTH AND DEATH RECORDS IN THE CITY OF

JAMESTOWN.

ACTING SPEAKER CRUZ: THE BILL IS LAID ASIDE.

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. 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 CRUZ: THE BILL IS LAID ASIDE.

NYS ASSEMBLY JUNE 4, 2019

THE CLERK: ASSEMBLY NO. A05477-C, CALENDAR

NO. 521, THIELE, STERN, LIPETRI, ENGLEBRIGHT, LAVINE, D'URSO,

MONTESANO, MIKULIN, RAIA, RA, GOTTFRIED, COLTON, ZEBROWSKI,

MCDONOUGH, SCHMITT, DESTEFANO, JEAN-PIERRE, ORTIZ, L. ROSENTHAL,

MAGNARELLI, REYES, JACOBSON, STIRPE, MCDONALD, LIFTON, WEPRIN,

MOSLEY, GALEF, CARROLL, PERRY, LUPARDO, GRIFFIN. AN ACT TO AMEND THE

CIVIL PRACTICE LAW AND RULES, IN RELATION TO THE STATUE OF LIMITATIONS FOR

PUBLIC WATER SUPPLIERS AND WHOLESALE WATER SUPPLIERS TO COMMENCE AN

ACTION FOR INJURY TO PROPERTY.

ACTING SPEAKER CRUZ: 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 CRUZ: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. RA TO EXPLAIN HIS

VOTE.

MR. RA: THANK YOU VERY MUCH, MR. SPEAKER. I JUST

WANT TO COMMEND THE SPONSOR AND -- AND THANK HIM FOR HIS WORK ON

THIS ISSUE. IN MANY PLACES THROUGHOUT THIS STATE, AND PARTICULARLY ON

LONG ISLAND, WE'RE STRUGGLING TO FIND WAYS TO ADDRESS NEW

CONTAMINANTS THAT ARE BEING FOUND IN OUR WATER SUPPLIES, AND THIS IS

SOMETHING THAT MANY OF OUR LOCAL WATER DISTRICTS HAVE BEEN ASKING FOR

NYS ASSEMBLY JUNE 4, 2019

SO THAT AS THEY TRY TO FIND WAYS TO REMEDIATE AND NEW TECHNOLOGIES

COME ABOUT TO REMEDIATE THESE CONTAMINANTS IN OUR WATER SUPPLY, THEY

CAN HOLD THE POLLUTERS RESPONSIBLE, RATHER THAN OUR TAXPAYERS ON LONG

ISLAND.

SO I'M CASTING MY VOTE IN THE AFFIRMATIVE AND I URGE

MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05716, CALENDAR NO.

522, FITZPATRICK, ENGLEBRIGHT. AN ACT IN RELATION TO AUTHORIZING THE

TOWN OF SMITHTOWN, COUNTY OF SUFFOLK, TO ALIENATE AND CONVEY CERTAIN

PARCELS OF LAND USED AS PARKLANDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

FITZPATRICK, 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.)

NYS ASSEMBLY JUNE 4, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05764, CALENDAR NO.

523, WILLIAMS, ARROYO, D'URSO, M.G. MILLER, B. MILLER. AN ACT TO

AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO SHELLFISH

REGULATIONS.

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. A06019-A, CALENDAR

NO. 524, ORTIZ, SEAWRIGHT, D'URSO, ARROYO, BLAKE, COOK, EPSTEIN,

JEAN-PIERRE, SAYEGH, DICKENS, MCDONALD, GOTTFRIED, JAFFEE,

M.G. MILLER, HYNDMAN, CRUZ, GUNTHER, RIVERA, WILLIAMS, REYES. AN

ACT TO AMEND THE AGRICULTURE AND MARKETS LAW, IN RELATION TO

EXPANDING THE PRODUCTION OF FRESH FRUITS AND VEGETABLES BY COMMUNITY

GARDENS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 4, 2019

AND MR. ORTIZ TO EXPLAIN HIS VOTE.

ONE MINUTE, MR. ORTIZ. I THINK WE NEED TO PLEASE

KEEP THOSE DOORS CLOSED WHILE THE MEMBER IS SPEAKING. WHOEVER THAT

IS, HOLD THEM OUTSIDE. TELL THEM THAT.

GO AHEAD, MR. ORTIZ.

MR. ORTIZ: THANK YOU, MR. SPEAKER, AND THANK YOU

FOR ALLOWING ME TO EXPLAIN MY VOTE. THIS BILL -- THE PURPOSE OF THIS BILL

IS TO HAVE AN EXPANSION OF THE PRODUCTION OF THE -- PRODUCTION OF THE

FRESH AND FRUITS AND VEGETABLE BY COMMUNITY GARDENS. AS WE ALL

KNOW, MR. SPEAKER, OBESITY IS A GROWING EPIDEMIC, ESPECIALLY IN

CHILDREN, AND OBESITY ALSO IS A CAUSE OF CANCER IN -- IN OUR STATE.

ACCORDING TO THE NEW YORK STATE DEPARTMENT OF HEALTH IN 2016, 60.8

PERCENT OF NEW YORK STATE ADULTS ARE OVERWEIGHT OR OBESE. IN ORDER TO

PROMOTE HEALTHY EATING AND THE ABILITY [SIC] OF FRESH PRODUCE, THIS

LEGISLATION WILL INCREASE THE AMOUNT OF FRUITS AND VEGETABLES PRODUCED

BY COMMUNITY GARDENS SO THAT MORE PEOPLE WILL BENEFIT FROM IT. AS

YOU KNOW, MR. SPEAKER, WE HAVE A LOT OF OUR UNDERSERVED COMMUNITY

WHO SUFFER FOR HEALTHY AND GOOD VEGETABLE AND FRUITS IN OUR

COMMUNITY. SO, THEREFORE, THIS BILL WILL ENCOURAGE THE RELATIONSHIP

BETWEEN BUYERS, THE STATE DEPARTMENT AND COMMUNITY GARDEN TO

INVOLVE MORE PEOPLE AND ENCOURAGING HEALTHY LIFESTYLE FOR ALL.

AND I WILL BE VOTING IN THE AFFIRMATIVE, MR. SPEAKER,

AND THANK YOU VERY MUCH FOR ALLOWING ME TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: MR. ORTIZ IN THE

AFFIRMATIVE.

NYS ASSEMBLY JUNE 4, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06062, CALENDAR NO.

525, RYAN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

PROHIBITING THE EXCLUSION OF COVERAGE FOR LOSSES OR DAMAGES CAUSED BY

EXPOSURE TO LEAD-BASED PAINT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06212-A, CALENDAR

NO. 526, D. ROSENTHAL, HYNDMAN. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW, IN RELATION TO THE OPERATION OF CERTAIN BINGO GAMES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

ROSENTHAL, 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR AN OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS, ONCE AGAIN,

NYS ASSEMBLY JUNE 4, 2019

TO INTRODUCE SOME BRILLIANT SCHOLARS FROM THE GREAT BOROUGH OF QUEENS

ON BEHALF OF MS. -- MEMBER PHEFFER AMATO AND MR. MIKE MILLER. WE

HAVE SOME STUDENTS WHO ARE FROM THE ST. MARY GATE OF HEAVEN

CATHOLIC ACADEMY. IT'S LOCATED IN OZONE PARK, QUEENS, IN THE 23RD

ASSEMBLY DISTRICT. WE ARE PLEASED TO HAVE THEM HERE WITH US.

MR. SPEAKER, WOULD YOU PLEASE WELCOME THESE

SCHOLARS TO OUR CHAMBER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. PHEFFER AMATO AND MR. MILLER, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME THESE STUDENTS HERE TO THE NEW YORK STATE

ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT

YOU HAVE HAD A GREAT TRIP AND ENJOYED YOUR TIME WITH US. THANK YOU

ALSO TO YOUR SUPERVISORS. AND I REMEMBER THAT SCHOOL BECAUSE WE USED

TO PLAY THEM IN CYO. THANK YOU SO VERY MUCH. NICE TO HAVE YOU.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06240, CALENDAR NO.

527, MAGNARELLI. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES,

IN RELATION TO THE VENUE FOR CERTAIN SPECIAL PROCEEDINGS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 4, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06295, 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.

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 AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06331, CALENDAR NO.

529, GUNTHER. AN ACT TO LEGALIZE, VALIDATE, RATIFY AND CONFIRM THE

ACTIONS OF THE MONTICELLO CENTRAL SCHOOL DISTRICT NOTWITHSTANDING THE

FAILURE TO TIMELY FILE FINAL BUILDING COST REPORTS WITH THE EDUCATION

DEPARTMENT.

ACTING SPEAKER AUBRY: 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 AUBRY: THE CLERK WILL

RECORD THE VOTE.

NYS ASSEMBLY JUNE 4, 2019

(THE CLERK RECORDED THE VOTE.)

MR. PALMESANO TO EXPLAIN HIS VOTE.

MR. PALMESANO: YES, MR. SPEAKER, MY

COLLEAGUES. I'M VERY HAPPY TO SUPPORT THIS LEGISLATION. I KNOW WE ALL

ARE. I -- I JUST WANT TO URGE MY COLLEAGUES TO THINK ABOUT THIS FOR A

SECOND AS WE MOVE FORWARD. THERE ARE A SERIES OF BILLS LIKE THIS THAT

SCHOOL DISTRICTS AROUND THE STATE - SOME ON YOUR SIDE OF THE AISLE, SOME

ON OUR SIDE OF THE AISLE - THAT ARE BEING PENALIZED MILLIONS OF DOLLARS.

LAST YEAR WE HAD A SERIES OF BILLS THAT THE GOVERNOR VETOED, THAT WE

DIDN'T GET A CHANCE TO TAKE UP. THE THING I WOULD JUST URGE YOU ALL TO

CONSIDER, WHY NOT PUT ALL THESE BILLS, ALL THESE SCHOOL DISTRICTS -- I THINK

THERE'S 15 TO 20 SCHOOL DISTRICTS, SOME OF YOURS, SOME OF OURS -- THAT ARE

BEING PENALIZED MILLIONS OF DOLLARS? THE GOVERNOR WANTED -- WHEN HE

VETOED IT, SAID THEY WANT TO TAKE IT UP IN BUDGET NEGOTIATIONS, BUT THEY

DON'T. THEY NEVER DO. SO WHY NOT -- HERE'S A THOUGHT -- WHY NOT TAKE

UP A BILL WITH ALL THESE BILLS IN ONE? PASS THE BILL, SEND IT TO THE

GOVERNOR. AND YOU KNOW WHAT? IF HE WANTS TO VETO IT, THAT'S HIS

PREROGATIVE. THAT'S HIS CONSTITUTIONAL AUTHORITY. BUT AFTER HE VETOES

THAT BILL, CALL US BACK HERE AND OVERRIDE THAT VETO AND TELL OUR CHILDREN

AND OUR SCHOOLS, OUR ADMINISTRATORS AND THE TAXPAYERS THAT WE STAND

WITH OUR KIDS. WE STAND WITH OUR SCHOOL DISTRICTS. WE ARE NOT GOING TO

LET OUR SCHOOLS AND OUR KIDS BE PENALIZED OVER SOME TECHNICAL GLITCHES

OR LATENESS OF FILING THINGS. IT MAKES NO SENSE. WE SHOULD BE STANDING

UP FOR OUR KIDS. SO LET'S JUST DO AN OMNIBUS BILL, PUT ALL OF THESE IN ONE

LANGUAGE, LET THE GOVERNOR OVER -- LET THE GOVERNOR VETO IT AND LET'S

NYS ASSEMBLY JUNE 4, 2019

OVERRIDE HIS VETO SO WE COULD PROVIDE THIS MONEY TO OUR SCHOOLS, TO

OUR KIDS AND TO OUR TAXPAYERS BECAUSE THEY DESERVE IT. IT'S THE RIGHT

THING TO DO. SO PLEASE CONSIDER THIS AS WE MOVE FORWARD.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. PALMESANO IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06357, CALENDAR NO.

530, WOERNER. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO

WAIVING THE RESIDENCY REQUIREMENT FOR THE CITY ATTORNEY IN THE CITY OF

MECHANICVILLE, SARATOGA COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WOERNER, 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. A06463, CALENDAR NO.

NYS ASSEMBLY JUNE 4, 2019

531, FAHY. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE

FEE CHARGED FOR THE ISSUANCE OF BIRTH AND DEATH RECORDS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06520, CALENDAR NO.

532, ENGLEBRIGHT, LAVINE, BARNWELL, D'URSO, RAMOS, RAYNOR,

JEAN-PIERRE, GLICK, THIELE, GRIFFIN, SOLAGES, STERN, ORTIZ, COLTON, OTIS.

AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

ESTABLISHING THE MARINE MAMMAL AND SEA TURTLE PROTECTION AREA; AND

PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

(PAUSE)

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. A06554, CALENDAR NO.

533, OTIS. AN ACT TO AMEND CHAPTER 381 OF THE LAWS OF 2010

AMENDING THE TAX LAW RELATING TO THE IMPOSITION OF AN OCCUPANCY TAX

IN THE VILLAGE OF RYE BROOK, IN RELATION TO EXTENDING THE EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK, AND THE BILL IS LAID ASIDE.

NYS ASSEMBLY JUNE 4, 2019

THE CLERK: ASSEMBLY NO. A06593, CALENDAR NO.

534, ZEBROWSKI, JAFFEE. AN ACT TO AMEND CHAPTER 329 OF THE LAWS OF

2009, AMENDING THE FAMILY COURT ACT AND THE SOCIAL SERVICES LAW

RELATING TO REMOVING SPECIAL POWERS GRANTED TO THE SOCIETY FOR THE

PREVENTION OF CRUELTY TO CHILDREN, IN RELATION TO THE EFFECTIVENESS OF

THE PROVISIONS THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06751, CALENDAR NO.

535, GUNTHER. AN ACT TO AMEND THE GENERAL CITY LAW, IN RELATION TO

LIMITING THE APPLICABILITY OF PLUMBING AND DRAINAGE PROVISIONS TO THE

CITY OF MIDDLETOWN.

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.)

NYS ASSEMBLY JUNE 4, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06983-A, CALENDAR

NO. 536, GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH, L. ROSENTHAL,

SIMOTAS, KIM, QUART, EPSTEIN, MOSLEY, AUBRY, JAFFEE, D'URSO, WALKER,

CRUZ, STECK, PERRY, DICKENS, HUNTER, ARROYO, CROUCH, ORTIZ, REYES,

COOK, SIMON, RAYNOR, WALCZYK, RIVERA, SEAWRIGHT, LIFTON, FERNANDEZ,

GLICK, BLAKE. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO VACATING CONVICTIONS FOR OFFENSES RESULTING FROM SEX

TRAFFICKING, LABOR TRAFFICKING AND COMPELLING PROSTITUTION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07056, CALENDAR NO.

538, JACOBSON, SCHMITT. AN ACT TO VALIDATE CERTAIN ACTS OF THE

NEWBURGH ENLARGED CITY SCHOOL DISTRICT AND THE CHESTER UNION FREE

SCHOOL DISTRICT WITH REGARD TO CERTAIN CAPITAL IMPROVEMENT PROJECTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

JACOBSON, 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. SCHMITT TO EXPLAIN HIS VOTE.

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

COMMEND THE SPONSOR FOR HELPING SHEPHERD THIS LEGISLATION THROUGH IN

NYS ASSEMBLY JUNE 4, 2019

BIPARTISAN FASHION. THIS -- THIS BILL WILL HELP RELIEVE THESE FINES ON TWO

DISTRICTS THAT I REPRESENT PART OR A WHOLE OF. AND IT'S -- IT EXTENDS WELL

BEYOND MY TIME HERE. IT'S WELL -- WELL BEFORE I CAME HERE. THIS HAS

BEEN AN ISSUE. AS A COLLEAGUE PREVIOUSLY MENTIONED, SOME OF THESE

ISSUES WE'RE SEEING STATEWIDE WITH THESE BILLS GETTING VETOED. I HOPE

THE EXECUTIVE BRANCH WILL LOOK KINDLY ON THIS NOW AND MOVE FORWARD

AND HELP STUDENTS AND TAXPAYERS WHO ARE THE ONLY ONES WHO SUFFER.

THE STATE DOESN'T NEED TO DO THIS TO THE STUDENTS AND TAXPAYERS. THEY

NEED TO GIVE THE RELIEF THAT IS WHOLEHEARTEDLY DESERVED.

I'M PROUD TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SCHMITT IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

COULD TURN OUR ATTENTION TO OUR DEBATE LIST, AND WE'RE GOING TO START WITH

CALENDAR NO. 5 WHICH IS ON PAGE 5 OF OUR -- AND THEN CALENDAR NO.

114, CALENDAR NO. 178 AND CALENDAR NO. 227, AS WELL AS 445.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00318-A, CALENDAR

NO. 5, PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE, DICKENS,

D'URSO, COLTON, COOK, EPSTEIN, SEAWRIGHT, TAYLOR, WOERNER,

MCDONOUGH, JEAN-PIERRE, FERNANDEZ, WALKER, HYNDMAN, WRIGHT,

NYS ASSEMBLY JUNE 4, 2019

BUTTENSCHON, SIMOTAS, JACOBSON, GRIFFIN, ASHBY, SIMON. AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INFORMING MATERNITY

PATIENTS ABOUT THE RISKS ASSOCIATED WITH CESAREAN SECTION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04109-B, CALENDAR

NO. 114, GUNTHER. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO THE COMMUNITY GUARDIANSHIP PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01370-C, CALENDAR

NO. 178, ABINANTI, THIELE, WEPRIN. AN ACT TO AMEND THE MENTAL

NYS ASSEMBLY JUNE 4, 2019

HYGIENE LAW, IN RELATION TO DUTIES OF PROVIDERS OF SERVICE TO PEOPLE

WITH DEVELOPMENTAL DISABILITIES.

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.

THE CLERK: ASSEMBLY NO. A02106-A, CALENDAR

NO. 227, KIM, MOSLEY, JAFFEE, CRESPO, STECK, FAHY, FRIEND,

JEAN-PIERRE, NIOU, CRUZ, RAYNOR. AN ACT TO AMEND THE SOCIAL SERVICES

LAW, IN RELATION TO ENACTING THE NEW YORK STATE REUNITING FAMILIES

ACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

KIM, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.).

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 4, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07502, CALENDAR NO.

445, ABBATE, JACOBSON, REYES, COLTON. AN ACT TO AMEND CHAPTER 695

OF THE LAWS OF 1994 AMENDING THE CIVIL SERVICE LAW RELATING TO

INJUNCTIVE RELIEF IN IMPROPER PRACTICE CASES, IN RELATION TO EXTENDING THE

EFFECTIVENESS OF PROVISIONS CONTAINED THEREIN.

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.

WE WILL GO TO CALENDAR NO. 133, BILL NO. A03050-A,

PAGE 10, MS. SIMON, ON DEBATE.

THE CLERK: ASSEMBLY NO. A03050-A, CALENDAR

NO. 133, SIMON, ARROYO, BLAKE, BARRETT, BRAUNSTEIN, COLTON, COOK,

DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M.G. MILLER, OTIS, PERRY, STECK,

MOSLEY, ABINANTI, L. ROSENTHAL, CARROLL, D'URSO, BARRON, ASHBY,

DAVILA, ORTIZ. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

SPECIFYING PROCEDURES FOR THE CLOSURE AND/OR DECERTIFICATION OF ASSISTED

LIVING RESIDENCES.

ACTING SPEAKER AUBRY: MR. GOODELL.

NYS ASSEMBLY JUNE 4, 2019

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. SIMON, WILL YOU

YIELD?

MS. SIMON: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. SIMON YIELDS.

MR. GOODELL: THANK YOU, MS. SIMON. AS I

UNDERSTAND IT, THIS BILL IMPOSES VARIOUS RESTRICTIONS ON AN ASSISTED

LIVING FACILITY OR A NURSING HOME THAT WANTS TO CLOSE. IS THAT CORRECT?

MS. SIMON: I'M SORRY. I'M NOT ABLE TO HEAR YOU

ENTIRELY. COULD YOU REPEAT WHAT YOU SAID?

MR. GOODELL: IT'S MY UNDERSTANDING THAT THIS BILL

IMPOSES VARIOUS RESTRICTIONS AND REQUIREMENTS FOR AN ASSISTED LIVING

FACILITY BEFORE IT CAN CLOSE, CORRECT?

MS. SIMON: CORRECT.

MR. GOODELL: THAT'S REALLY THE THRUST OF THIS.

MS. SIMON: YES.

MR. GOODELL: AND THE CONCERN THAT WE'VE RAISED

IN THE PAST IS WHAT HAPPENS IF AN ASSISTED LIVING FACILITY IS GOING OUT OF

BUSINESS? IT'S RUNNING OUT OF MONEY, IT'S FACING POTENTIAL BANKRUPTCY.

MS. SIMON: WELL, THE BILL ONLY PROVIDES FEES OR

CHARGES FROM BEING IMPLEMENTED PRIOR TO THE DEPARTMENT'S APPROVAL OF

THE CLOSURE. BUT IT WOULD BE LIKELY THAT THE DEPARTMENT WOULD PROVIDE

AN EXPEDITED REVIEW FOR A FACILITY THAT'S IN FINANCIAL DISTRESS ONCE

THEY'RE MADE AWARE OF THE SITUATION.

NYS ASSEMBLY JUNE 4, 2019

MR. GOODELL: AND DOES THE DEPARTMENT HAVE

DISCRETIONARY FUNDING THAT COULD PROVIDE FOR FINANCIAL ASSISTANCE TO

KEEP SUCH A FACILITY OPEN?

MS. SIMON: I'M NOT AWARE THAT THE DEPARTMENT HAS

A POT OF MONEY FOR THAT PARTICULAR PURPOSE, BUT I'M SURE THAT THEY WOULD

BE WILLING TO WORK WITH THE -- THE OPERATOR.

MR. GOODELL: NOW, THIS -- IF YOU'RE -- IF YOU'RE --

IF YOU'RE RUNNING A FACILITY AND IT'S GOING OUT OF BUSINESS, IT'S OUT OF

MONEY, IT'S FACING BANKRUPTCY, THERE'S A NUMBER OF APPROACHES YOU CAN

TAKE TO EXTEND THE LIFE EXPECTANCY, IF YOU WILL, OR KEEP THE FACILITY

OPEN. AND SOME OF THOSE ACTIVITIES MIGHT INCLUDE RAISING THE FEES,

MIGHT INCLUDE TRYING TO RECRUIT NEW RESIDENTS SO YOU REDUCE THE

VACANCY RATE. IT MIGHT ALSO INCLUDE REDUCING YOUR COST BY SHIFTING

HIGH-EXPENSE RESIDENTS OUT OF THE FACILITY, AS AN EXAMPLE. AM I CORRECT

THAT THIS BILL PROHIBITS A FACILITY FROM RAISING THEIR RATES OR ALLOWING

NEW RESIDENTS TO COME IN EVEN IF THEY'RE FACING A POTENTIAL BANKRUPTCY,

IF THAT BANKRUPTCY IS FORCING THEM TO CLOSE?

MS. SIMON: WELL, THEY WOULD NOT BE ABLE TO

INCREASE THE RENT OR FEES PRIOR TO THE APPROVAL OF THE PLAN. BUT THEY

COULD THEREAFTER. AND THEY, OF COURSE, CAN INCREASE IT BY THE AMOUNT,

FOR EXAMPLE, OF SOMEBODY'S SUPPLEMENTAL -- SUPPLEMENTAL SECURITY

INCOME OR -- OR, YOU KNOW, OTHER BENEFIT INCREASES. THEY COULD

INCREASE THEIR RENT TO -- TO ABSORB THAT.

MR. GOODELL: SO, THE ONLY -- OKAY, SO --

MS. SIMON: THE SAME THING WITH NEW RESIDENTS.

NYS ASSEMBLY JUNE 4, 2019

MR. GOODELL: SO, IF YOU SUBMIT AN APPLICATION TO

THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF HEALTH HAS 120

DAYS TO REVIEW IT?

MS. SIMON: UNDER THIS, YES. CURRENTLY IT'S 90.

MR. GOODELL: SO THIS WOULD INCREASE --

MS. SIMON: THEY STILL HAVE TO DO THAT CURRENTLY.

MR. GOODELL: SO, THE COMMISSIONER OF HEALTH

HAS FOUR MONTHS TO REVIEW IT, AND DURING THAT FOUR-MONTH PERIOD YOU

CANNOT FILL ANY VACANCIES?

MS. SIMON: I'M SORRY, YOU CANNOT WHAT?

MR. GOODELL: YOU CANNOT FILL ANY VACANCIES IN

THE ASSISTED LIVING FACILITY DURING THAT FOUR-MONTH PERIOD?

MS. SIMON: RIGHT, PRIOR TO THE APPROVAL OF THE

CLOSURE.

MR. GOODELL: OKAY. SO YOU CAN'T ACCEPT NEW

RESIDENTS AND YOU CAN'T RAISE ANY FEES. YOU CAN'T RAISE ANY CHARGES, AND

YOU CAN'T INCREASE THE RENT. HOW DOES IT MAKE PAYROLL?

MS. SIMON: WELL --

MR. GOODELL: I MEAN, ISN'T THIS IS A RECIPE FOR A

GUARANTEED BANKRUPTCY?

MS. SIMON: SO CURRENTLY, MR. GOODELL, THEY -- THE

-- THE NURSING -- THE ASSISTED LIVING FACILITY WOULD HAVE 90 DAYS --

WOULD HAVE TO FILE IN 90 DAYS IN ADVANCE OF A CLOSURE. THEY COULD

CLEARLY AGREE WITH THE DEPARTMENT FOR A CLOSURE THAT WOULD BE AN

EXPEDITED REVIEW OF THAT PROPOSAL. BUT THE REALITY IS, IF THEY ARE IN THAT

NYS ASSEMBLY JUNE 4, 2019

TYPE OF FINANCIAL DISTRESS, THEY SHOULD BE -- AND -- AND IT IS SOMETHING

THAT THEY'RE NOT ABLE TO ADDRESS, THEY SHOULD BE FILING FOR A CLOSURE AND

THEY SHOULD DO IT AT A TIME WHEN THEY'RE STILL ABLE TO MAKE PAYROLL. I

MEAN --

MR. GOODELL: SO, IS IT YOUR --

MS. SIMON: -- THE REALITY IS THAT SO MANY OF THESE

INSTITUTIONS ARE CLOSING FOR REASONS THAT HAVE NOTHING TO DO WITH THEIR

FINANCIAL ABILITY TO RUN THE -- THE FACILITY. THE VAST MAJORITY OF THEM ARE

ACTUALLY BEING CLOSED BECAUSE THERE'S A BETTER REAL ESTATE DEAL TO BE HAD.

MR. GOODELL: LAST YEAR, HOW MANY FACILITIES

CLOSED?

MS. SIMON: I DO NOT HAVE THAT DATA WITH ME.

MR. GOODELL: AND DO YOU KNOW HOW MANY OF

THOSE CLOSED BECAUSE -- EVEN THOUGH THEY WERE MAKING MONEY?

MS. SIMON: I DON'T HAVE THOSE NUMBERS, SO I -- I

WOULDN'T HAVE THAT ONE EITHER.

MR. GOODELL: THANK YOU VERY MUCH, MS. SIMON.

I APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I CERTAINLY APPRECIATE THE SPONSOR'S

DESIRE TO HAVE AN ORDERLY CLOSURE, IF YOU WILL, OF AN ASSISTED LIVING

FACILITY, AND UNDER CURRENT LAW, AS THE SPONSOR NOTED, A FACILITY THAT

DESIRES TO CLOSE NEEDS TO GIVE 90 DAYS ADVANCED NOTICE TO THE

NYS ASSEMBLY JUNE 4, 2019

DEPARTMENT OF HEALTH SO THAT UNDER CURRENT LAW THERE'S AN ORDERLY

CLOSURE. THE IRONY IN THIS BILL IS THAT IT PROVIDES NO FUNDING

WHATSOEVER. NO ADDITIONAL FUNDING FOR A NURSING HOME OR AN ASSISTED

LIVING FACILITY, AND IT ELIMINATES ALL THE PRACTICAL OPTIONS FOR THAT FACILITY

TO MAINTAIN A POSITIVE CASH FLOW WHILE WAITING FOR THE DEPARTMENT OF

HEALTH - THAT CAN TAKE UP TO FOUR MONTHS - TO REVIEW AN APPLICATION. SO

THINK ABOUT THIS. ASSUME FOR JUST A MOMENT THAT YOU RUN AN ASSISTED

LIVING FACILITY, AND YOU ARE FACING THE POSSIBILITY OF BANKRUPTCY. IF THIS

BILL PASSES, YOU GIVE NOTICE TO THE DEPARTMENT OF HEALTH AT LEAST FOUR

MONTHS IN ADVANCE. AS YOUR PATIENTS MOVE OR DIE, THIS BILL MAKES IT

ILLEGAL FOR YOU TO FILL THE VACANCY. AND IT MAKES IT ILLEGAL FOR YOU TO

RAISE ANY RENT OR FEE OR MAKE ANY OTHER FINANCIAL ADJUSTMENT. IF YOU

WEREN'T FACING BANKRUPTCY WHEN YOU FILED THE NOTICE, AFTER FOUR MONTHS

OF YOUR FACILITY BECOMING EMPTY AND YOUR REVENUE CRASHING AND

BURNING WITH NO FINANCIAL SUPPORT FROM THE STATE, YOU ARE FACING THE

REAL POSSIBILITY THAT YOUR SUPPLIERS WILL NO LONGER SEND YOU THE CRITICAL

MEDICAL SUPPLIES THAT YOU NEED FOR YOUR RESIDENTS, AND YOUR STAFF WILL

LONG AGO START LOOKING FOR A NEW JOB BECAUSE THE HANDWRITING'S ON THE

WALL. AND SO WHILE I APPRECIATE THE DESIRE, THE BEST WAY TO SOLVE THAT

ISSUE IS FOR US, AS PART OF THE BUDGET PROCESS, TO PROVIDE THE INTERIM

FINANCING WE NEED TO ENSURE AN ORDINARILY TRANSITION. NOT CUT THE LEGS

OFF FROM THE UN -- FROM UNDERNEATH AN ASSISTED LIVING FACILITY AND

EXPECT THEM TO RUN THE MARATHON THAT WE'RE SETTING UP.

SO WHILE I APPRECIATE THE OBJECTIVE, IN THE REAL WORLD

YOU CAN'T RUN A FACILITY IF YOU CAN'T FILL THE VACANCIES AND YOU CAN'T

NYS ASSEMBLY JUNE 4, 2019

CHARGE ENOUGH TO COVER YOUR COSTS. THANK YOU, SIR.

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.)

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. AS YOU

CONSIDER THIS BILL, I WOULD LIKE TO JUST REMIND FOLKS THAT THIS WAS -- THE

BILL IS THE OUTGROWTH OF A CLOSURE OF 1 PROSPECT PARK WEST, WHICH HAD

125 SENIORS, MANY OF WHOM WERE OVER THE AGE OF 90, THAT WERE

SUMMARILY KICKED OUT OF THEIR ASSISTED LIVING FACILITY. QUITE A NUMBER

OF THEM WERE PEOPLE WITH DEMENTIA AS WELL. AND AS YOU KNOW, IT'S

VERY HARD SOMETIMES TO FIND AN APPROPRIATE LOCATION. AND WITHIN THE --

THE 90 DAYS, IT BECAME MUCH MORE DIFFICULT TO FIND SPACES FOR THIS 125

PEOPLE. FIVE OF THEM STOOD THEIR GROUND AND EVENTUALLY LEFT A COUPLE

OF YEARS LATER AFTER THEY WERE ABLE TO SETTLE WITH THE -- THE OWNER OF THE

PROPERTY, WHO HAD JUST GOTTEN THEIR LICENSE FINALIZED. THEY SOLD THAT

BUILDING FOR $84 MILLION, AND TODAY THE CONDOS THAT HAVE BEEN BUILT

THERE ARE NOW GOING FOR A -- A MINIMUM OF $2 MILLION. THIS WAS A REAL

ESTATE DEAL. IT HAD NOTHING DO WITH THE SERVICES OR THE -- THE FINANCIAL

WHEREWITHAL OF THE -- THE OPERATOR OF THE ASSISTED LIVING FACILITY AT THAT

TIME. AND THIS IS AN INCREASING PROBLEM, WHERE OWNERS OF THESE

FACILITIES ARE LOOKING OUT TO MAKE A BUCK BY SELLING TO REDEVELOPMENT

PROJECTS, AND OUR SENIORS ARE GOING WANTING FOR APPROPRIATE PLACES TO

NYS ASSEMBLY JUNE 4, 2019

LIVE.

THANK YOU VERY MUCH FOR YOUR -- FOR WHAT I HOPE WILL

BE YOUR VOTE IN THE AFFIRMATIVE.

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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS BRIEFLY TO

INTRODUCE ANOTHER GUEST THAT WE HAVE IN OUR CHAMBERS [SIC]. HE IS THE

GUEST OF OUR COLLEAGUE, MR. SAYEGH. HIS NAME IS BRETT SCUDDER. MR.

SCUDDER IS THE PRESIDENT, CHAIRMAN AND FOUNDER OF SUICIDE INSTITUTE IN

YONKERS' EMOTIONAL PAIN AND WELLNESS CENTER. HE IS THE CHAIRMAN OF

THE NEW YORK STATE HUMAN SUFFERING WELLNESS COALITION, CO-CHAIR OF

BRONX NUMBER [SIC] NOT62, AND WEST -- CO-CHAIR ALSO OF THE WESTSIDE

-- MEMBER OF THE WESTSIDE SUICIDE TASK FORCE -- THE WESTCHESTER

SUICIDE TASK FORCE, MR. SPEAKER, MY APOLOGIES -- AND THE WESTCHESTER

OPIOID RESPONSE TEAM AND THE NEW YORK STATE CHAPLAIN TASK FORCE.

MR. SPEAKER, IF YOU WOULD PLEASE WELCOME THIS VERY ESTEEMED GUEST TO

OUR CHAMBER AND OFFER HIM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

NYS ASSEMBLY JUNE 4, 2019

PRIVILEGES OF THE FLOOR. THE SPEAKER HIMSELF IS GOING TO COME OUT AND

DO THAT. BUT PLEASE, YOU ARE ALWAYS WELCOME HERE. THIS IS THE

PEOPLE'S HOUSE. THANK YOU VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD NOW GO TO CALENDAR NO. 164 BY MS. SOLAGES.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02315-A, CALENDAR

NO. 164, SOLAGES, BARRON, VANEL, RAYNOR, ORTIZ. AN ACT TO AMEND THE

NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO

EVALUATION AND ASSISTANCE TO INCREASE ACCESS TO CHILD CARE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

AN EXPLANATION IS REQUESTED, MS. SOLAGES.

MS. SOLAGES: YES, MR. SPEAKER. THE PURPOSE OF

THIS BILL WOULD REQUIRE THE URBAN DEVELOPMENT CORPORATION TO SELECT

FIVE -- FIVE ECONOMICALLY-DIVERSE AREAS TO EVALUATE CHILD CARE PROGRAMS

INTENDED TO SERVE LOW-INCOME FAMILIES. THE INFORMATION GATHERED WILL

HELP IDENTIFY AND DEVELOP STRATEGIES FOR THE EXPANSION AND CREATION OF A

CHILD CARE PROGRAM -- OF CHILD CARE PROGRAMS THROUGH THE VARIOUS

PROGRAMS OF UDC. THE STUDY WOULD ALSO CONTINUE -- COMPLETE IN

COLLABORATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE

NYS ASSEMBLY JUNE 4, 2019

OFFICE OF TEMPORARY DISABILITY ASSISTANCE AND, IF NEEDED, LOCAL SOCIAL

SERVICE DISTRICTS.

ACTING SPEAKER AUBRY: MR. FRIEND.

MR. FRIEND: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

SOLAGES?

MS. SOLAGES: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. FRIEND: I UNDERSTAND THAT YOUR BILL IS GOING TO

GO AHEAD AND ASSESS CHILD CARE THROUGHOUT THE STATE, ACCORDING TO LINE

13 OF PAGE 2. BUT WE'RE PICKING FIVE ECONOMICALLY-DISTRESSED AREAS TO

DO THIS. ARE THEY GOING TO BE EXTRAPOLATED IN THAT DATA FROM THOSE FIVE

CHOSEN REGIONS, OR HOW ARE THEY GOING TO EXTRAPOLATE ACROSS THE REST OF

THE STATE?

MS. SOLAGES: WELL, YOU KNOW, THERE'S A GROWING

AWARENESS OF A LINK BETWEEN ACCESS TO CHILD CARE, PARENTAL EMPLOYMENT

AND OVERALL ECONOMIC GROWTH. AND SO WE WANT TO LOOK AT SEVERAL AREAS

WITH THE CRITERIA BELOW TO LOOK AT AND -- AND CONFIRM. SO IF YOU -- YOU

GO BACK TO WHERE YOU READ, IT'S, YOU KNOW, DIFFERENT CRITERIA, WHICH

MEANS A HIGH UNEMPLOYMENT RATE, PERCENTAGE AND NUMBER OF

LOW-INCOME PERSONS. AND WE'RE LOOKING AT MUNICIPALITIES, CITIES,

CORPORATIONS AND OTHER AREAS. AND IT WOULD BE PER CAPITA.

MR. FRIEND: OKAY. AND YOU'VE CHOSEN THE UDC

TO PUT THIS BILL UNDER. HOW COME -- WHY WERE THEY CHOSEN?

NYS ASSEMBLY JUNE 4, 2019

MS. SOLAGES: YOU KNOW, WE -- WE WANT TO MAKE

SURE THAT WE CAPTURE NOT ONLY THE NEED FOR CHILD CARE, BUT ALSO THE NEED

TO KNOW -- THE NEED TO KNOW THAT ECONOMIC DEVELOPMENT IS LINKED WITH

CHILD CARE. WE KNOW THAT THE LACK OF AFFORDABLE CHILD CARE IS AT -- IS AT

CRISIS LEVELS, AND OVERWHELMING FAMILIES IN PERSISTENT POVERTY DO NOT

HAVE ACCESS TO HIGH-QUALITY CHILD CARE. AND THIS REALLY THREATENS THE

CHILD'S INTELLECTUAL AND -- AND EMOTIONAL DEVELOPMENT. SO WE REALLY

WANT TO TIE THIS ALL TOGETHER AND ENSURE THAT WE'RE LOOKING AT IT FROM A

LENS OF ECONOMIC DEVELOPMENT AS WELL AS EMPOWERING PARENTS AND --

AND CAREGIVERS.

MR. FRIEND: OKAY. AND DO YOU HAVE ANY PLANS TO

DO ANY HEARINGS, ROUNDTABLES, OR MAYBE A TASK FORCE ON CHILD CARE

THROUGHOUT THE STATE, ACCESS TO CHILD CARE OR THE EDUCATION

OPPORTUNITIES THAT YOU'RE LOOKING AT TO INCLUDE IN CHILD CARE?

MS. SOLAGES: YES. CURRENTLY -- WELL, OUR GREAT

CHAIRWOMAN OF THE FAMILY -- CHILDREN AND FAMILIES COMMITTEE IS

ACTUALLY A PART OF A TASK FORCE LOOKING AT DIFFERENT AREAS OF CHILD CARE.

BUT WE SHOULDN'T PUT ALL OUR EGGS IN ONE BASKET. WE NEED TO ATTACK THIS

ISSUE AT ANY LENS POSSIBLE. AND SO WE'RE DOING HEARINGS, WE HAVE A

TASK FORCE. WE'RE -- WE'RE GOING TO IMPLEMENT THIS PIECE OF LEGISLATION.

SO, YOU KNOW, WE'RE LOOKING AT IT FROM ALL POINTS AND WE'RE USING EVERY

TOOL IN OUR TOOLKIT TO ENSURE THAT WE HAVE ACCESS TO HIGH-QUALITY CHILD

CARE FOR ALL REGIONS, ESPECIALLY THOSE WHO ARE ECONOMICALLY-DEPRESSED

BECAUSE WE KNOW THE -- THE COSTS OF POVERTY.

MR. FRIEND: THANK YOU VERY MUCH.

NYS ASSEMBLY JUNE 4, 2019

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FRIEND.

MR. FRIEND: CHILD CARE ACCESS ACROSS THE STATE

DEFINITELY IS A -- IS A CONCERN. WE HAVE MANY CHILD CARE AGENCIES AND

SERVICES, BUT MOST OF THE TIMES WHEN FAMILIES ARE LOOKING TO GET THEIR

CHILDREN IN, IT'S USUALLY AFTER YOU HAVE THE CHILD, THEY'RE TWO, THREE

YEARS OLD, AND YOU'RE LOOKING TO THEN GO BACK TO WORK AT THAT POINT.

AND YOU THEN REALIZE THAT THERE'S A WAITING LIST TO GET INTO THAT CHILD

CARE SERVICE. WE DEFINITELY NEED TO ENCOURAGE MORE PEOPLE TO START

PROVIDING CHILD CARE SERVICES, WHETHER IT'S AT THE HOME OR WHETHER

WE'RE ABLE TO ENCOURAGE THROUGH SOME SORT OF TAX CREDIT TO ENCOURAGE

BUSINESSES TO PROVIDE SUPPORT TO OUR CHILD CARE AGENCIES IN THE -- IN THE

COMMUNITIES. HOWEVER, I DO HAVE SOME CONCERN ABOUT PICKING THE

UDC TO LEAD THIS STUDY. THEY DON'T HAVE THE MONEY, TIME OR THE

RESOURCES, AND WE HAVEN'T ALLOCATED THE FUNDS FOR THEM TO GO AHEAD AND

DO THIS STUDY. AND I'D LIKE TO MAKE SURE THAT THIS STUDY IS DONE

APPROPRIATELY, THAT IT DOES COME OUT WITH THE BEST RESULT -- RESULT

POSSIBLE. I AM -- I'M ENCOURAGED ABOUT THE HEARINGS THAT ARE GOING TO

BE OCCURRING THAT WILL HELP TO AID IN THE STUDY THAT'S GOING ON. THE

AVAILABILITY OF CHILD CARE AND EDUCATIONAL CONTENT THAT'S NOT INCLUDED IN

THE PURVIEW OF THE UDC AND THAT'S NOT PART OF THEIR CURRENT MISSION.

THE CURRENT MISSION OF THE UDC THAT'S NOW DOING BUSINESS AS EMPIRE

STATE DEVELOPMENT IS TO PROMOTE A VIGOROUS AND GROWING STATE

ECONOMY AND JOB CREATION THROUGH THE EFFICIENT USE OF LOANS, GRANTS

NYS ASSEMBLY JUNE 4, 2019

AND TAX CREDITS. AND THAT'S CURRENTLY -- IF YOU LOOK AT THE LAWS UNDER

THE UDC, THAT'S TYPICALLY WHAT THEY'RE DOING. THEY'RE ISSUING LOANS AND

GRANTS. THEY'RE -- THEY WERE IMPARTED WITH TRYING TO DO MORE ECONOMIC

DEVELOPMENT, AND CHILD CARE DEFINITELY IS PART OF THAT PIECE, BUT DOESN'T

REALLY FALL UNDER THEIR PURVIEW, AND THEY DON'T HAVE THAT MONEY OR

RESOURCE. SO I'M A LITTLE CONCERNED ABOUT HOW THE RESULT WOULD COME

OUT. IT MIGHT'VE BEEN BETTER TO PUT THIS UNDER THE OFFICE OF CHILDREN

AND FAMILY SERVICES OR ANOTHER AGENCY SIMILAR. I -- I DO APPRECIATE

WHAT THE SPONSOR IS TRYING TO ACCOMPLISH HERE AND I WILL SUPPORT THE

BILL. I JUST WANT TO HAVE THE BEST OUTCOME FOR OUR CHILDREN AND OUR

STATE TO BE ABLE TO HAVE THESE ACCESS, AND THOSE OF OUR WORKERS THAT ARE

TRYING TO GET BACK INTO THE JOB FORCE, ALSO.

THANK YOU VERY MUCH.

ACTING SPEAKER EICHENSTEIN: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EICHENSTEIN: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I -- I RISE TO EXPLAIN MY VOTE AND TO COMMEND THE SPONSOR OF

THIS PIECE OF LEGISLATION. CLEARLY, MR. SPEAKER, DOLLARS ARE NOT ENDLESS

IN THIS STATE OR ANYWHERE ELSE. AND SO IT REALLY DOES MAKES SENSE TO DO

A SORT OF COMPREHENSIVE STUDY TO SEE WHERE THE MOST VALUE FOR THE

NYS ASSEMBLY JUNE 4, 2019

DOLLARS THAT WE HAVE ACCESSIBLE TO US COULD BE EXPENDED IN THE CHILD

CARE AREA. CLEARLY, PEOPLE ARE NOT ABLE TO WORK AND/OR CONTINUE HIGHER

ED IF THEY DON'T HAVE ACCESS TO GOOD, QUALITY AFFORDABLE CHILD CARE. SO I

THINK THAT THE SPONSOR HAS DONE A HUGE -- PROVIDED A HUGE OPPORTUNITY

TO THE WORKFORCE COMMUNITY, THE ECONOMIC DEVELOPMENT COMMUNITY

IN GENERAL, BY HELPING TO FIGURE OUT HOW DO WE IDENTIFY WHERE THOSE

DOLLARS THAT PROVIDE QUALITY CHILD CARE SHOULD BE.

SO I WANT TO THANK HER FOR THAT, AND I AM VERY PLEASED

TO CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER EICHENSTEIN: MRS.

PEOPLES-STOKES IN THE AFFIRMATIVE.

MS. SOLAGES TO EXPLAIN HER VOTE.

MS. SOLAGES: UDC IS CURRENTLY GIVING OUT MANY

OF THESE GRANTS AND LOANS TO SMALL BUSINESSES, AND WE WANT TO ENSURE

THAT SMALL BUSINESSES REALIZE THAT WHEN WOMEN -- WHEN PARENTS KNOW

THAT THEIR CHILDREN ARE IN A SAFE SPACE, THEY ARE BETTER EMPLOYEES, THEY

ARE MORE LIKELY TO STAY IN -- INTO EMPLOYMENT. AND SO WE WANT TO

MAKE SURE THAT WE BRING EVERYONE TOGETHER. WE USE ALL OUR RESOURCES,

INCLUDING THE BUSINESS REALM, TO LOOK AT AND TO ANALYZE CHILD CARE.

SO I URGE MY COLLEAGUES TO VOTE YES ON THIS INITIATIVE.

IT'S ONLY GOING TO MAKE OUR -- OUR STATE STRONGER, BECAUSE WE DO HAVE A

CHILD CARE CRISIS HERE IN NEW YORK STATE AND WE NEED TO SOLVE IT TODAY.

ACTING SPEAKER EICHENSTEIN: MS. SOLAGES

IN THE AFFIRMATIVE.

MS. WALKER TO EXPLAIN HER VOTE.

NYS ASSEMBLY JUNE 4, 2019

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

ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. CHILD CARE, I BELIEVE,

IS SOMETHING THAT IS AN ISSUE THAT'S NEAR AND DEAR TO MY HEART. WE

RECOGNIZE HOW IMPORTANT IT IS IN THIS BODY IN ORDER FOR US TO DO A

UNIVERSAL PRE-K PROGRAM THROUGHOUT NEW YORK CITY. AND NOT ONLY

WAS IT A WELCOMING EXPERIENCE FOR MY FOUR-YEAR-OLD AT THE TIME, BUT

HAVING ACCESS TO EARLY CHILDHOOD EDUCATION REALLY CHANGED THE COURSE,

I -- I BELIEVE, OF HER FUTURE AND DEFINITELY THAT OF MY FAMILY'S. IT'S

IMPORTANT FOR US TO RECOGNIZE, THOUGH, THAT FOUR YEARS OLD IS JUST NOT

EARLY ENOUGH, AND THAT OUR ZERO TO THREE-YEAR-OLDS NEED TO HAVE THE

SAME LEVEL OF ACCESS TO IMPORTANT AND VERY VITAL EDUCATIONAL

OPPORTUNITIES. IT HELPS THEM DEVELOPMENTALLY, NOT NECESSARILY JUST

PHYSICALLY. NOT JUST EDUCATIONALLY, BUT ALSO EMOTIONALLY.

SO I WANT TO COMMEND THE SPONSOR FOR INTRODUCING

SUCH AN IMPORTANT PIECE OF LEGISLATION, AND I PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER EICHENSTEIN: MS. WALKER

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

COULD NOW CONTINUE ON OUR DEBATE LIST AND GO TO CALENDAR NO. 233. IT'S

ON PAGE 18, IT'S BY MR. DINOWITZ. AND THEN WE'LL GO TO CALENDAR NO.

NYS ASSEMBLY JUNE 4, 2019

284. IT'S ON PAGE 23 AND IT'S BY MR. OTIS. IN THAT ORDER, MR. SPEAKER.

ACTING SPEAKER EICHENSTEIN: THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A02667, CALENDAR NO.

233, DINOWITZ. AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW, IN

RELATION TO PREPAYMENT PENALTIES FOR MORTGAGES SECURED BY REAL

PROPERTY OWNED IN A COOPERATIVE FORM OF OWNERSHIP.

ACTING SPEAKER EICHENSTEIN: AN

EXPLANATION HAS BEEN REQUESTED.

MR. DINOWITZ: THIS BILL WOULD FORBID PREPAYMENT

PENALTIES AND FEES FROM BEING CHARGED OR COLLECTED ON A LOAN OR

FORBEARANCE SECURED BY REAL PROPERTY OWNED IN A COOPERATIVE FORM

OWNERSHIP WHERE OVER 50 PERCENT OF THE UNITS ARE

SHAREHOLDER-OCCUPIED, AND WILL MAKE SUCH PREPAYMENT PENALTIES

UNENFORCEABLE.

ACTING SPEAKER EICHENSTEIN: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER EICHENSTEIN: WILL THE

SPONSOR YIELD?

MR. DINOWITZ: IT WOULD BE MY PLEASURE.

ACTING SPEAKER EICHENSTEIN: YES, MR.

DINOWITZ YIELDS.

MR. GOODELL: THANK YOU, MR. DINOWITZ. WHEN

WOULD THIS BILL BECOME EFFECTIVE IF IT'S SIGNED BY THE GOVERNOR?

NYS ASSEMBLY JUNE 4, 2019

MR. DINOWITZ: THIS ACT SHALL TAKE EFFECT

IMMEDIATELY. THE ANSWER IS IMMEDIATELY.

MR. GOODELL: SO, IT WOULD BE YOUR INTENT, THEN,

THAT IF THIS BILL BECOMES LAW THAT EXISTING CONTRACTS THAT HAVE A

PREPAYMENT PENALTY WOULD BE LEGISLATIVELY RULED NULL AND VOID?

MR. DINOWITZ: YES.

MR. GOODELL: AND WOULD THAT THEN ENABLE THE

MORTGAGE COMPANY TO CALL THE MORTGAGE DUE AND PAYABLE SINCE MATERIAL

ELEMENT OF THEIR CONTRACT HAS BEEN CHANGED BY THE LEGISLATURE?

MR. DINOWITZ: I'M SORRY THE -- THE MORTGAGE WILL

BE MADE -- I DIDN'T HEAR THAT WORD.

MR. GOODELL: WOULD THAT THEN ENABLE THE

MORTGAGE COMPANY TO CALL THE LOAN AND MAKE IT IMMEDIATELY DUE AND

PAYABLE ON THE GROUNDS THAT A MATERIAL CONDITION WAS CHANGED BY THE

LEGISLATURE?

MR. DINOWITZ: NO.

MR. GOODELL: AND IS THERE ANY COMPENSATION TO

ANY OF THE LENDERS FOR ANY LOSSES THAT THEY WOULD SUSTAIN IN THE EVENT

THAT A SUBSEQUENT EVENT WOULD HAVE TRIGGERED A PREPAYMENT PENALTY BUT

FOR THIS LAW?

MR. DINOWITZ: WELL, THE -- WE DON'T KNOW WHAT

SUBSEQUENT EVENTS MIGHT HAVE TAKEN PLACE SINCE IT WOULD BE IN THE

FUTURE AND THERE'S NO WAY TO PREDICT THE FUTURE.

MR. GOODELL: NOW AS YOU KNOW, THE U.S.

CONSTITUTION PROHIBITS STATE LEGISLATURES FROM PASSING ANY LAW THAT

NYS ASSEMBLY JUNE 4, 2019

IMPAIRS THE EFFECTIVENESS OF AN EXISTING CONTRACT. HOW IS IT THAT WE CAN

STRIKE AN EXISTING CLAUSE IN AN EXISTING CONTRACT CONSISTENT WITH A

CONSTITUTIONAL PROHIBITION?

MR. DINOWITZ: WELL, THE -- THE MORTGAGE WOULD

STILL BE IN EFFECT. THE -- THE PAYMENTS WOULD STILL HAVE TO BE MADE.

THEY'D HAVE TO BE MADE ON TIME. THE BANKS PRESUMABLY WILL BE STILL

MAKING PROFITS HAND-OVER-FIST, AS THEY USUALLY DO. BUT THEY SIMPLY

WOULDN'T BE ABLE TO DENY A CO-OP THAT'S MORE THAN 50 PERCENT OWNER-

OCCUPIED THE ABILITY TO PAY OFF THEIR MORTGAGE EARLY WITHOUT A -- A

PREPAYMENT PENALTY. SO THE -- THE BANKS ARE DOING FINE JUST WITH THE

PAYMENT OF THE MORTGAGE, AND THEY WOULD NO LONGER BE ABLE TO GET THIS

HUGE WINDFALL PROFIT THAT THEY DON'T DESERVE.

MR. GOODELL: AND WHAT DUE PROCESS RIGHTS ARE

INCLUDED IN THIS BILL FOR MORTGAGE COMPANIES WHO NO LONGER CAN COLLECT

ON A CONTRACTUALLY AGREED-UPON FEE?

MR. DINOWITZ: WELL, I MEAN, IT -- IT'S MY OPINION

THAT THESE PREPAYMENT PENALTIES ARE REALLY VERY MUCH AGAINST WHAT I

CONSIDER APPROPRIATE PUBLIC POLICY. WE HAVE MANY CO-OPS IN MY

DISTRICT, AND SOMETIMES THEY WANT TO PAY OFF THEIR MORTGAGE EARLY, JUST

LIKE INDIVIDUALS WHO LIVE IN THE CO-OP CAN DO. I KNOW IN MY CASE THAT'S

EXACTLY WHAT WE DID. IN THE CASE OF THE CO-OP, THOUGH, WHERE YOU HAVE

THE MAJORITY OF THE UNITS OWNER-OCCUPIED, THERE'S NO REASON IN THE

WORLD THAT I CAN THINK OF THAT THEY SHOULDN'T BE ABLE TO PAY OFF THEIR

MORTGAGE EARLY IN ORDER TO BE ABLE TO DO SOME OF THE OTHER NECESSARY

THINGS THAT THE CO-OP HAS TO DO AND BE ABLE TO PRESERVE THIS HOUSING

NYS ASSEMBLY JUNE 4, 2019

STOCK. AFTER ALL, WE WANT TO BE ABLE TO CONTINUE TO MAINTAIN GOOD

HOUSING FOR THE PEOPLE IN OUR COMMUNITIES.

MR. GOODELL: NOW, THIS WOULD BE TRIGGERED IF 50

PERCENT OR MORE THE UNITS ARE OWNER-OCCUPIED, WHICH MEANS UP TO

49.99 PERCENT COULD BE NON-OWNER-OCCUPIED, CORRECT? I'M JUST RUNNING

THE ROUGH NUMBERS. DOES THIS APPLY TO MORTGAGES THAT ARE GIVEN TO

INDIVIDUALS FOR A NON-OWNER-OCCUPIED UNIT?

MR. DINOWITZ: THIS APPLIES TO THE UNDERLYING

MORTGAGE OF THE CO-OP ITSELF, OF THE BUILDING.

MR. GOODELL: I SEE. ALL RIGHT. THANK YOU VERY

MUCH. I APPRECIATE THAT.

MR. DINOWITZ: YOU'RE WELCOME.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: FOR THOSE OF US WHO HAVE BEEN

INVOLVED IN THE BANKING INDUSTRY, WE UNDERSTAND THAT OFTENTIMES,

PARTICULARLY ON LARGER TRANSACTIONS, A BANK WILL GIVE A LOWER INTEREST

RATE -- OR, I APOLOGIZE, A LOWER UP-FRONT CHARGE, LOWER FEES, LOWER

PROCESSING FEES, AND IN RETURN THEY ASK FOR A PREPAYMENT PENALTY OVER

THE FIRST COUPLE OF YEARS, RECOGNIZING THAT THE WAY THEY'RE GOING TO

COVER ALL THEIR CLOSING EXPENSES IS WITH THE INTEREST THAT THEY COLLECT

DURING THAT TIME PERIOD. AND THAT IF THE INDIVIDUAL WHO TOOK OUT THE

LOAN WITH THEM TURNS AROUND AND REFINANCES WITH THEIR COMPETITOR, THEY

ASK THE PERSON, THE BORROWER, TO PAY A PREPAYMENT PENALTY TO REIMBURSE

NYS ASSEMBLY JUNE 4, 2019

THE FIRST BANK FOR THE COSTS INCURRED IN PROCESSING THAT LOAN. SO IF WE

BAN A PREPAYMENT PENALTY, WHAT WILL HAPPEN IN THE BANKING INDUSTRY IS

THAT THEY WILL CHARGE MORE FEES UP FRONT BECAUSE THEY DO NOT HAVE ANY

LONGER THE OPPORTUNITY TO RECOVER THOSE PROCESSING COSTS OVER THE TERM

OF THE LOAN. AND SO WHAT WE ARE BEING ASKED TO DO TODAY FROM A

FINANCIAL PERSPECTIVE IS TO OUTLAW THE EXISTING PROCESS THAT ALLOWS

CONSUMERS THE OPTION OF PAYING A HIGHER FEE WITH ONE BANK AND HAVING

NO PREPAYMENT PENALTY, OR PAYING LOWER UP-FRONT FEES WITH A DIFFERENT

BANK AND HAVE A PREPAYMENT PENALTY. SO THIS ELIMINATES OPTIONS FOR

THE CONSUMERS, AND FORCES ALL THOSE BANKS THAT ARE FINANCING THESE

TYPES OF PROJECTS TO CHARGE ALL THEIR COSTS FOR THE CLOSING UP FRONT, AND

THOSE COSTS ARE SUBSTANTIAL. AND SO WHILE I APPRECIATE THE DESIRE OF THE

SPONSOR TO ENABLE THESE COOPERATIVES TO REFINANCE AS OFTEN AS THEY WANT

WITHOUT PAYING PREPAYMENT PENALTIES, WHAT WILL REALLY HAPPEN IN THE

REAL WORLD IN THE BANKING INDUSTRY IS WHEN YOU ELIMINATE THE

PREPAYMENT PENALTY, THE UP-FRONT COSTS GO UP. AND IT'S SIMPLE

FINANCES. AS I MENTIONED IN THE QUESTIONING AND AS YOU MAY HAVE

ALREADY GATHERED, THIS LEGISLATURE IS ALSO PROHIBITED BY THE FEDERAL

CONSTITUTION FROM CHANGING EXISTING CONTRACTS AND THE TERM OF THAT

CONTRACT TO HURT ONE PARTY OR CHANGE A MATERIAL TERM AND CONDITION OF

THAT CONTRACT. THAT'S EXACTLY WHAT THIS DOES. IT DOESN'T APPLY TO NEW

CONTRACTS, IT APPLIES TO EXISTING CONTRACTS. AND THERE'S NO DUE PROCESS,

NO REMUNERATION, AND SO IT VIOLATES THE CONSTITUTION ON BOTH THE

CONTRACT CLAUSE AND THE DUE PROCESS CLAUSE.

SO, BECAUSE I WANT TO SEE OPTIONS FOR CONSUMERS AND I

NYS ASSEMBLY JUNE 4, 2019

WANT CONSUMERS TO BE ABLE TO CLOSE WITH LOWER CLOSING EXPENSES AND

FINANCE THOSE CLOSING EXPENSES OVER THE TERM OF A LOAN THROUGH A

PREPAYMENT OPTION, I WILL BE VOTING IN FAVOR OF THE CONSUMER, IN FAVOR

OF CONSUMER OPTIONS, IN SUPPORT OF THE U.S. CONSTITUTION, IN SUPPORT OF

DUE PROCESS AND AGAINST THIS BILL. 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS ONCE AGAIN

TODAY TO INTRODUCE SOME VERY HONORED GUESTS THAT ARE IN OUR CHAMBERS

[SIC] TODAY. MR. SPEAKER, WE HAVE WITH US AL HARRINGTON, FORMERLY

WITH THE INDIANA PACERS; J.R. SMITH, WHO IS CURRENTLY WITH THE

CLEVELAND LAKERS [SIC]; NASI TAYLOR; AND DAN PETTIGREW. MR. SPEAKER,

THESE ARE NOT ONLY ACCOMPLISHED ATHLETES, BUT THEY'RE ALSO VERY

INSPIRING BUSINESSMEN ENTREPRENEURS. WOULD YOU PLEASE WELCOME

THEM TO OUR CHAMBERS [SIC].

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

NYS ASSEMBLY JUNE 4, 2019

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

PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S HOUSE. YOU GUYS ARE

ALWAYS WELCOME HERE. THANK YOU FOR SHARING THIS TIME WITH US.

THANK YOU.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02554, CALENDAR NO.

284, OTIS, COLTON, D'URSO, GLICK, GOTTFRIED, LAVINE, WRIGHT, QUART.

AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO PROHIBITING

LEASES FROM INCLUDING A WAIVER OF THE RIGHT TO A DECLARATORY JUDGMENT

ACTION.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. OTIS.

MR. OTIS: THANK YOU. THIS LEGISLATION WOULD

RESTORE WHAT HAS BEEN THE LAW IN NEW YORK STATE SINCE 1968. A VERY

IMPORTANT LAW BASED UPON A COURT OF APPEALS DECISION THAT PROTECTED

COMMERCIAL TENANTS FROM ARBITRARY AND -- ARBITRARY EVICTION AND

TERMINATION OF THEIR LEASES WITHOUT DUE PROCESS. THAT DECISION, THE

YELLOWSTONE DECISION, HAS PROTECTED SMALL BUSINESSES AND COMMERCIAL

TENANTS FOR OVER 50 YEARS. TWO YEARS AGO, THE APPELLATE DIVISION --

ONE OF OUR APPELLATE DIVISIONS OVERTURNED THAT PRECEDENT, AND THE

COURT OF APPEALS A COUPLE OF WEEKS AGO, IN A SPLIT DECISION, DECIDED

WITH THE APPELLATE DIVISION. BUT BOTH COURTS SAID THAT THE LEGISLATURE

COULD CLARIFY THIS ISSUE WITH ACTION THAT HOPEFULLY WE'LL BE TAKING HERE

TODAY. WHY IS THIS IMPORTANT? BECAUSE BUSINESSES THAT HAVE LEASES

NYS ASSEMBLY JUNE 4, 2019

SHOULD NOT BE THROWN OUT BECAUSE PROPERTY VALUES GO UP AND A LANDLORD

WANT TO TAKE ADVANTAGE OF RISING REAL ESTATE VALUES AND FIND A -- A

TECHNICAL VIOLATION OF A LEASE MAY NOT EVEN BE A VIOLATION. WHAT THE

LAW HAS ALLOWED FOR 50 YEARS IS THAT THEY COULD GO TO COURT AND FIND OUT

WHETHER OR NOT -- SEEK A DECLARATORY JUDGMENT AND AN INJUNCTION BEFORE

TERMINATION TO MAKE SURE THAT THE FACTS ARE RIGHT BEFORE THEY HAVE TO

MAKE A DECISION TO CURE THE -- THE ISSUE OR TO FIND OUT MAYBE IT WAS THE

LANDLORD'S DUTY TO CURE THE ISSUE, OR TO GO AHEAD WITH TERMINATION OF THE

LEASE.

SO, THIS IS A GOOD BILL IF YOU LIKE SMALL BUSINESS AND

YOU LIKE COMMERCIAL TENANTS, AND IT'S A GOOD BILL FOR BUSINESS

CONTINUITY IN THE STATE. SO I THINK WE WANT TO KEEP THAT PRECEDENT THERE

THAT WE'VE ENJOYED FOR THE LAST 51 YEARS. THANK YOU.

ACTING SPEAKER AUBRY: MR. MONTESANO.

MR. MONTESANO: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MONTESANO: THANK YOU. IN CONTRAST TO

SOME OF THE COMMENTS BY THE -- THE SPONSOR OF THE BILL, SO IN THE

COMMERCIAL LEASE MANY FACTORS ARE PUT IN THERE ABOUT DEFECTS AND THE

TIME TO CURE. AND THERE'S A WHOLE LITANY OF THEM, THE DIFFERENT TYPES OF

DEFECTS THAT COULD EXIST AND WHAT TIME THE LANDLORD GIVES YOU TO CURE

THAT DEFECT, AND IF YOU DON'T, HE COULD COMMENCE A LANDLORD-TENANT

PROCEEDING TO EVICT YOU FROM THE PREMISES. WHAT HAS HAPPENED OVER

THE YEARS, A LANDLORD -- A TENANT WOULD BE -- HAVE A VIOLATION, THE

LANDLORD WOULD SERVE HIM WITH THE NOTICE TO CURE. THE TENANT WOULD

NYS ASSEMBLY JUNE 4, 2019

THEN RUN INTO COURT AND GET WHAT WE CALL THE "YELLOWSTONE INJUNCTION"

AND SAY, LOOK, I DON'T AGREE WITH THIS. AND WHILE WE PLAY THIS

DISAGREEMENT OUT IN COURT, I WANT YOU TO ENJOIN THE LANDLORD FROM

EVICTING ME, AND THE COURTS WOULD DO THAT. AND SO NOW YOU HAVE A

TENANT WHO IS ALREADY IN DEFAULT OF THE LEASE, GETS MONTHS AND

SOMETIMES YEARS, AND NEVER CURES A DEFECT UNTIL HE TIRES OUT THE

LANDLORD AND THEY GO BACK FORTH AND ARGUE OVER THIS, AND THEN

SOMETIMES THAT DEFECT IS CURED, SOMETIMES IT'S NOT. THE EVICTION GOES

THROUGH AND THE COMMERCIAL TENANT'S EVICTED. SO WHAT HAD HAPPENED

WAS THE LANDLORDS THEN STARTED PUTTING CLAUSES IN THEIR LEASES, HAVING

THE TENANTS WAIVE THE PROVISION OF THIS YELLOWSTONE INJUNCTION. AND

THAT'S WHAT WENT UP TO THE COURTS. AND THE TRIAL COURT SAID THAT IT'S NOT

AGAINST PUBLIC POLICY TO HAVE A TENANT WAIVE THE INJUNCTIVE RELIEF AND IT

WASN'T VOID AGAINST PUBLIC POLICY. THERE WAS NOTHING ILLEGAL ABOUT IT

AND IT -- IT WAS OKAY. IT WENT UP TO THE HIGHER COURTS, AS THE SPONSOR

JUST INDICATED, THE HIGHER COURTS RULED IN FAVOR OF THE LANDLORD AND SAID

IT'S NOT AGAINST PUBLIC POLICY TO HAVE THIS WAIVER PROVISION IN A

COMMERCIAL LEASE. AND RIGHTFULLY SO, BECAUSE A LEASE, WHETHER IT BE FOR

A COMMERCIAL PREMISES OR A RESIDENTIAL PREMISES, IS A CONTRACT. IT'S A

CONTRACT NEGOTIATED BETWEEN TWO PARTIES. ESPECIALLY IN THE COMMERCIAL

SETTING, THESE COMMERCIAL LEASES ALWAYS HAVE ATTORNEYS ON BOTH SIDES.

THE TENANT HAS HIS ATTORNEY, AND THE LANDLORD HAS HIS ATTORNEY. IF THE

TENANT DOESN'T LIKE A PROVISION OF THE LEASE, HE CAN NEGOTIATE IT OUT. IT'S

VERY SIMPLE. WHETHER IT'S THE WAIVER ON THE YELLOWSTONE INJUNCTION OR

IF HE DOESN'T LIKE THE TIME TO CURE. SOMETIMES A LANDLORD WILL GIVE YOU

NYS ASSEMBLY JUNE 4, 2019

30 DAYS TO CURE A DEFECT. IF YOU DON'T THINK THAT'S ENOUGH TIME TO CURE A

DEFECT, ASK FOR 60 DAYS, ASK FOR 90 DAYS. EVERYTHING IS NEGOTIABLE IN

LEASES, ESPECIALLY IN COMMERCIAL LEASES, BASED ON THE AMOUNT OF MONEY

THAT PEOPLE PAY FOR THEM TO BEGIN WITH. AND COMMERCIAL LANDLORDS ARE

NOT THAT QUICK, ESPECIALLY IN TODAY'S MARKET AND ECONOMY, TO THROW OUT

COMMERCIAL TENANTS, ESPECIALLY IN MALLS, STRIP MALLS AND PLACES OF THAT

NATURE, BECAUSE THEY'RE HARD TO REPLACE. I THINK WHAT WE DO WITH THIS

PIECE OF LEGISLATION, WE INTERFERE WITH THE CONTRACT NEGOTIATING PROCESS

THAT'S REALLY GUARANTEED TO PARTIES, THE FREEDOM TO NEGOTIATE. THERE'S

NOTHING SECRETIVE ABOUT IT. THERE -- AND THE COURT MADE IN ITS

COMMENTS SINCE THE LEGISLATURE HASN'T ADDRESSED THE VALIDITY OF ANY OF

THESE THINGS, IT RULED THAT THE PROVISIONS FOR THE WAIVER WERE SOUND AND

PROPER NEGOTIATING TOOLS. SO I -- I THINK WHAT WE HAVE TO DO IS ALLOW

THE MARKET TO DICTATE ITSELF. WE HAVE TO ALLOW LANDLORDS TO BE ABLE TO

REGULATE THEIR PREMISES, AND IF THEY HAVE A TENANT THAT'S NOT COMPLYING

WITH THE TERMS OF THE LEASE - WHICH IS, AGAIN, A BINDING CONTRACT - THEY

SHOULD BE ABLE TO TAKE THE ACTION NECESSARY. EVEN IN THE CASE WHERE A

LANDLORD BRINGS A NOTICE OF -- OF DEFAULT. HE TELLS YOU YOU HAVE A

PROBLEM; YOU DIDN'T REPLACE THE WINDOWS, YOU'VE GOT PLUMBING YOU

DIDN'T FIX. WHATEVER THE ISSUE IS THAT THE TENANT'S RESPONSIBLE FOR.

THERE'S A DEFECT, HE HASN'T CURED IT. IF YOU FEEL YOU'RE NOT RESPONSIBLE

FOR IT AS THE TENANT, OR YOU DID IT THE WRONG WAY, WHATEVER THE ISSUE BE

THAT CAUSES THE EVICTION PROCESS TO TAKE PLACE, YOU'RE STILL ABLE TO

CHALLENGE THAT EVICTION IN COURT. YOU'RE NOT BEING DEPRIVED OF YOUR DAY

IN COURT TO GO IN AND CHALLENGE THE EVICTION PROCEEDING. YOU'RE ONLY

NYS ASSEMBLY JUNE 4, 2019

BEING -- LOSING THE ABILITY TO GET INJUNCTIVE RELIEF TO STOP THE LAWSUIT.

AND THAT'S THE KEY HERE. THE TENANT'S LOOKING TO STOP THE LAWSUIT

BEFORE IT OCCURS, DEPRIVING THE LANDLORD OF HIS ABILITY TO CURE THESE

DEFECTS, WHICH SOMETIMES HE BECOMES LIABLE FOR. BECAUSE IF THERE'S A

DANGEROUS CONDITION AT A COMMERCIAL LOCATION AND CUSTOMERS BECOME

INJURED OR SOME TRAGIC EVENT OCCURS -- THERE'S AN EXPLOSION, THERE'S A

GAS LEAK, THERE'S A FIRE, AND TRAGEDY ENSUES, THERE'S A LOSS OF LIFE -- NOT

ONLY IS THE TENANT GOING TO BE RESPONSIBLE UNDER HIS INSURANCE POLICIES,

YOU COULD REST ASSURED THE LANDLORD IS GOING TO BE ULTIMATELY

RESPONSIBLE, ALSO. SO THEY HAVE A RIGHT TO -- TO SEEK THESE -- THE CURE OF

THESE DEFECTS. AND AGAIN, THE TENANT CAN CHALLENGE THIS IN COURT IN THE

CONTEXT OF THE LANDLORD-TENANT PROCEEDING.

SO FOR THAT REASON, I WOULD ENCOURAGE MY COLLEAGUES

TO VOTE NO ON THIS PARTICULAR BILL, AS I WILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

MONTESANO.

MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER. BRIEFLY, I

WANT TO JUST SUGGEST THAT MY COLLEAGUE HAS PUT FORWARD A VERY

IMPORTANT BILL. I'M NOT SURE ABOUT OTHER DISTRICTS, BUT I KNOW WHAT'S

HAPPENED IN MINE, AND WE HAVE HAD MANY LONGSTANDING BUSINESSES THAT

ARE VITAL AND IMPORTANT TO OUR COMMUNITY, AND WHILE IT'S BAD ENOUGH

THAT THE RENTS HAVE BEEN JACKED UP DRAMATICALLY, WE DO HAVE,

UNFORTUNATELY, SOME BAD ACTORS THAT HAVE UNDULY CHALLENGED THEIR

COMMERCIAL TENANTS OVER A LARGE NUMBER OF, I WOULD SAY, SPURIOUS

NYS ASSEMBLY JUNE 4, 2019

ALLEGATIONS OF VIOLATIONS OF LEASES. AND AS A RESULT, YES, THEY CAN GO TO

COURT. BUT THEY KNOW THEY -- THEY'RE TRYING TO RUN A BUSINESS. THEY

DON'T HAVE TIME, THEY DON'T HAVE A LAWYER ON RETAINER IN THE SAME WAY

THAT MANY OF THE COMMERCIAL LANDLORDS DO. AND SO I THINK IT'S

IMPORTANT TO PROVIDE A MODICUM OF PROTECTION FOR SMALL BUSINESSES THAT

ARE STRUGGLING. AND THEY'RE STRUGGLING BECAUSE THEY'RE COMPETING NOT

JUST WITH A BUSINESS DOWN THE BLOCK, BUT THEY ARE, IN MANY INSTANCES,

COMPETING WITH ONLINE BEHEMOTHS LIKE AMAZON. AND ADDING THIS

MINOR PROTECTION I THINK IS VITALLY IMPORTANT TO OUR SMALL BUSINESSES

THAT SEEM TO BE UNDER ATTACK FROM ALL SIDES.

SO I HOPE EVERYBODY WILL STAND UP FOR SMALL BUSINESS

AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. OTIS.

MR. OTIS: I WOULD -- I WOULD JUST ADD THAT WHAT MY

COLLEAGUE ASSEMBLYWOMAN GLICK TALKED ABOUT IS EXACTLY WHAT IS AT

ISSUE HERE. IN THE CASE THAT WENT TO THE COURT OF APPEALS, THE BUSINESS

WAS ONLY GIVEN A TEN-DAY NOTICE TO TERMINATE THEIR LEASE. AND WHAT THIS

BILL DOES IS PROTECT AGAINST SOMETHING WE WOULD NOT WANT. IT PROTECTS

AGAINST BUSINESSES BEING DEPRIVED THEIR DAY IN COURT TO HAVE THESE

ISSUES HEARD AND RESOLVED WITH KNOWLEDGE OF WHAT'S REALLY INVOLVED

AND WHO'S REALLY RESPONSIBLE FOR WHAT. WHAT THE BILL DOES, IT RESTORES

THE LAW TO WHAT HAS BEEN THE LAW FOR 50 YEARS, AND DECLARES THOSE KINDS

OF WAIVER PROVISIONS THAT ARE IN QUESTION HERE AS NULL AND VOID AGAINST

PUBLIC POLICY. AND I SUGGEST EVERYONE SUPPORT THIS EFFORT, WHICH IS

GOOD FOR COMMERCE, GOOD FOR BUSINESS, GOOD FOR NEIGHBORHOODS, AND

NYS ASSEMBLY JUNE 4, 2019

PREVENTS PEOPLE AND BUSINESSES IN NEIGHBORHOODS THAT ARE GENTRIFYING

AND OUR VALUES ARE GOING UP, WHERE THE COURT OF APPEALS DECISION THAT

WE ARE CORRECTING HERE TODAY LEAVES THEM VULNERABLE TO A LANDLORD WHO

WANTS TO GET SOMEBODY OUT AND GET SOMEBODY ELSE BACK IN FOR A HIGHER

RENT WHEN THEY'RE IN THE MIDDLE OF A LEASE TERM, MIDDLE OF A CONTRACT

TERM.

SO I ASK FOR YOUR SUPPORT FOR THE BILL, AND I THANK YOU

FOR THE FLOOR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO INTERRUPT OUR PROCEEDINGS AGAIN TO INTRODUCE SOME

VERY SPECIAL GUESTS IN OUR CHAMBERS [SIC] THIS EVENING. THEY ARE IN THE

PODIUM OVER YOUR HEAD, MR. SPEAKER. THEY ARE -- TAKE VERY GOOD CARE

OF OUR FURRY FRIENDS. THEY'RE VETERINARIANS FROM ACROSS THE STATE. WE

HAVE DR. JENNIFER CONRAD, JIM JENSVOLD, DR. GRETCHEN COHEN, DR.

SUSAN WOODARD, DR. HOLLY CHEEVERS [SIC], DR. EILEEN JEFFERSON, AND

ROBERTO BONETTI. IF YOU COULD WELCOME THESE FINE PROFESSIONAL

NYS ASSEMBLY JUNE 4, 2019

CITIZENS TO OUR CHAMBERS [SIC], MR. SPEAKER, IT WOULD BE VERY MUCH

APPRECIATED.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

PRIVILEGES OF THE FLOOR, EVEN IF YOU ARE ABOVE US TODAY. WE THANK YOU

FOR THE WORK THAT YOU DO TO TAKE CARE OF THE ANIMALS OF THIS STATE, OUR

PETS AND SOME OF OUR MOST BELOVED FRIENDS. AND WE HOPE THAT YOU

CONTINUE THAT GREAT WORK AND THAT YOU WILL ALWAYS FEEL COMFORTABLE

HERE. THIS IS YOUR HOUSE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

CAN CONTINUE OUR -- OUR DEBATE LIST WITH 191 BY MS. GLICK.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04538, CALENDAR NO.

191, GLICK, HEVESI, STIRPE, WALLACE, LIFTON, COLTON, GRIFFIN, EPSTEIN,

STECK, LUPARDO, DIPIETRO, REYES. AN ACT TO AMEND THE EDUCATION LAW,

IN RELATION TO THE CUMULATIVE GRADE POINT AVERAGE ADMISSION

REQUIREMENT FOR GRADUATE-LEVEL TEACHER AND EDUCATIONAL LEADER

PROGRAMS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS --

OH, ONE MINUTE.

ON A MOTION BY MS. GLICK, THE SENATE BILL IS BEFORE

THE HOUSE. THE SENATE BILL IS ADVANCED, AND AN EXPLANATION IS

NYS ASSEMBLY JUNE 4, 2019

REQUESTED, MS. GLICK.

MS. GLICK: THIS SIMPLY ADJUSTS AN ILL-CONCEIVED

CHANGE IN, I THINK, 2015 THAT REQUIRED ALL GRADUATE EDUCATION PROGRAMS

TO -- FOR A MASTER'S IN EDUCATION TO REQUIRE AN ACCUMULATIVE 3.0 AS A

BASELINE FOR ADMISSION TO A MASTER'S OF EDUCATION PROGRAM. AND

CLEARLY, THERE ARE REASONS WHY SOMEONE'S CUMULATIVE GPA WOULD BE

BELOW THAT. IT COULD BE THAT THEY TOOK COURSES THAT THEY DECIDED THEY

WERE NOT INTERESTED IN. IT MIGHT HAVE BEEN A -- A SCIENCE COURSE, IT

MIGHT HAVE BEEN A MUSIC COURSE AND THEY WERE TONE DEAF AND THEY --

AND THAT PARTICULAR COURSE DRAGGED DOWN THEIR CUMULATIVE GPA. IT'S NO

-- IT'S NOT INDICATIVE OF ONE'S ABILITY TO BE A FINE TEACHER, AND WE BELIEVE

THAT WE -- THIS IS MICROMANAGING PROGRAMS AND NOT ALLOWING THEM TO

MAKE DETERMINATIONS ON A RANGE OF CRITERIA FOR WHICH THEY MAY

DETERMINE SOMEONE IS AN EXCELLENT TEACHER.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

GLICK?

(PAUSE)

(LAUGHTER)

WELL?

MS. GLICK: YES.

ACTING SPEAKER AUBRY: MS. GLICK YIELDS.

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

NYS ASSEMBLY JUNE 4, 2019

KNOW, I KNOW THIS IS SOMETHING YOU'VE -- YOU'VE TRIED TO PUT FORWARD

FOR THE LAST SEVERAL YEARS SINCE THE GOVERNOR MADE WHAT I WOULD AGREE

WITH YOU IS A, YOU KNOW, AN ILL-DESIGNED ATTEMPT HERE TO CONTROL WHO

AND WHO COULD NOT GO INTO THESE PROGRAMS. BUT BASICALLY, MY

QUESTIONS WERE WITH REGARD TO -- I KNOW WE PASSED A BILL EARLIER THIS

SESSION THAT ALSO MADE CHANGES TO THIS CRITERIA. AND IF YOU CAN JUST,

FOR THE BENEFIT OF THE MEMBERS, EXPLAIN WHAT THE DIFFERENCES ARE

BETWEEN THOSE TWO DIFFERENT APPROACHES. AND, I MEAN, ARE WE

ABANDONING THAT -- THAT OTHER APPROACH OR ARE YOU PURSUING --

MS. GLICK: WELL --

MR. RA: -- EITHER OR?

MS. GLICK: THAT WAS -- IF -- IF MEMORY SERVES ME,

THAT REFERRED TO ALLOWING FOR ALTERNATIVE CRITERIA. BUT THIS IS AN EXPLICIT

MARKER IN LAW THAT SAYS IT MUST BE A 3.0, AND SO WE'RE ELIMINATING THAT

HARD NUMBER BASED ON ITS BEING A SPECIOUS ARBITRARY DETERMINANT. AND

THE OTHER ONE WAS A LITTLE MORE ABOUT ALLOWING FOR A BROADER RANGE OF

CRITERIA, BUT THIS IS A HARD NUMBER AND -- THEY'RE COMPANION PIECES, SO...

MR. RA: OKAY. SO -- SO ONE IS NOT MUTUALLY

EXCLUSIVE OF THE OTHER. WE COULD, PERHAPS, DO THIS AND STILL PUT IN THAT

ALTERNATIVE CRITERIA?

MS. GLICK: YES.

MR. RA: OKAY. NOW, UNDER THE LANGUAGE OF THIS, I

SEE IT TAKES OUT THE 3.0 BUT IT PUTS IN THE WORD "MINIMUM." SO IT WOULD

SAY, THE ACHIEVEMENT OF A MINIMUM GRADE POINT AVERAGE IN THE

CANDIDATE'S UNDERGRADUATE PROGRAM. SO IS THAT -- THAT'S A MINIMUM

NYS ASSEMBLY JUNE 4, 2019

DETERMINED BY THE INSTITUTION?

MS. GLICK: YES. THAT -- THAT -- YOU KNOW, WE --

WE LIKE TO RETURN TO THE INSTITUTIONS OF HIGHER EDUCATION THE AUTONOMY

TO MAKE DETERMINATIONS FOR THEMSELVES BASED ON THEIR OWN EXPERIENCE

AS TO WHAT WOULD BE, FOR THEM, AN APPROPRIATE MINIMUM. YOU KNOW,

ALL OF OUR COLLEGES HAVE, FOR EVEN BASIC ADMISSIONS AS AN

UNDERGRADUATE, THEY HAVE A DIFFERENT RANGE OF REQUIREMENTS, AND WE

DON'T MICROMANAGE THOSE. WE DON'T TELL ONE SCHOOL YOU HAVE TO DO

THIS, AND ANOTHER SCHOOL -- WE'RE JUST SUGGESTING THAT THEY SHOULD HAVE

SOME MINIMUM STANDARD, WE JUST DON'T SAY WHAT THAT SHOULD BE.

MR. RA: OKAY. NOW MY LAST QUESTION IS, WOULD THAT

INSTITUTION HAVE TO ACTUALLY, YOU KNOW, SET FORTH AND SAY, WE REQUIRE A

MINIMUM GPA OF 2.5, WE REQUIRE A MINIMUM -- OR -- OR IS IT JUST, YOU

KNOW --

MS. GLICK: WELL, IT MIGHT CHANGE. SO WE DON'T ASK

THEM TO SET IT A SPECIFIC NUMBER BECAUSE THAT COULD CHANGE OVER TIME,

AND IT DOES CHANGE WITH THE MARKETPLACE. I THINK AFTER THE CRASH IN

2008, A -- A LOT OF THE -- OUR PUBLIC COLLEGES SAW A SHIFT IN THE NUMBER

OF APPLICATIONS THEY WERE GETTING. AND SO WHAT HAD ONCE BEEN AN

ACCEPTABLE GPA AT CORTLAND OR AT ONEONTA CHANGED. AND THEY DO

CHANGE WITH THE MARKET. AND SO WE WOULD LIKE TO RETURN THAT

FLEXIBILITY TO THE INSTITUTIONS, PARTICULARLY AS WE FACE A TEACHER SHORTAGE

IN THE COMING YEARS.

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

SPEAKER.

NYS ASSEMBLY JUNE 4, 2019

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

CONTINUE ON OUR DEBATE LIST, IF WE COULD GO TO CALENDAR NO. 476. IT'S

BY MS. ROSENTHAL. IMMEDIATELY FOLLOWING THAT, WE'LL GO TO CALENDAR

NO. 334. IT'S BY MS. FAHY.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01303-B, CALENDAR

NO. 476, L. ROSENTHAL, DINOWITZ, MOSLEY, GOTTFRIED, GALEF, RAIA,

LUPARDO, QUART, SEAWRIGHT, SANTABARBARA, RIVERA, D'URSO, WILLIAMS,

BLAKE, GLICK, CARROLL, BENEDETTO, STIRPE, GUNTHER, NIOU, EPSTEIN,

FERNANDEZ, BUTTENSCHON, ORTIZ, PERRY, WEPRIN. AN ACT TO AMEND THE

AGRICULTURE AND MARKETS LAW, IN RELATION TO PROHIBITING THE DECLAWING

OF CATS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

NYS ASSEMBLY JUNE 4, 2019

AN EXPLANATION IS REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: UMM -- OH, I'M SORRY. OKAY.

THIS BILL WOULD BAN DECLAWING, EXCEPT WHEN NECESSARY OF -- DECLAWING

OF CATS EXCEPT WHEN NECESSARY FOR THERAPEUTIC PURPOSES.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

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

WAS WONDERING IF THE SPONSOR WOULD YIELD?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. MANKTELOW: THANK YOU, MA'AM. JUST A

COUPLE OF QUESTIONS ON THE BILL.

MS. ROSENTHAL: SURE.

MR. MANKTELOW: I SEE IN THE BILL THERE'S THE NEW

SECTION 381 --

MS. ROSENTHAL: I CAN'T --

MR. MANKTELOW: I'M SORRY.

MS. ROSENTHAL: CAN YOU TALK LOUDER?

MR. MANKTELOW: CAN YOU HEAR ME NOW?

MS. ROSENTHAL: YES.

MR. MANKTELOW: OKAY. SECTION 381, THERE'S --

IN THAT PORTION THERE'S NO EXEMPTIONS EXCEPT FOR THE THERAPEUTIC

PROVISION IN THE LAW.

NYS ASSEMBLY JUNE 4, 2019

MS. ROSENTHAL: YES. YES.

MR. MANKTELOW: COULD YOU -- OR COULD YOU TELL

ME WHY THERE'S NO OTHER EXEMPTIONS WITHIN THERE?

MS. ROSENTHAL: THERE -- THERE IS NO REASON OTHER

THAN MEDICAL NECESSITY TO REMOVE OR AMPUTATE THE -- THE BONE UP TO THE

FIRST KNUCKLE OFF THE -- OFF A CAT. THERE'S NO OTHER REASON. EXCEPT IF THE

CAT NEEDS IT FOR MEDICAL PURPOSES, SICKNESS, INJURY, CANCER. THINGS LIKE

THAT.

MR. MANKTELOW: OKAY. SO, A QUESTION I HAVE

FOR YOU. SO, I HAVE -- I HAVE A SENIOR CITIZEN THAT JUST HAD A -- A VALVE

REPLACEMENT DONE IN HER HEART. OKAY? SHE'S NOW ON BLOOD THINNERS,

AND IT WOULD BE THE RECOMMENDATION OF HER DOCTOR TO SUGGEST HAVING

THAT CAT DECLAWED FOR THE SAFETY OF HIS OR HER PATIENT. ARE THERE ANY --

ARE THERE ANY OPTIONS OF PUTTING AN EXEMPTION IN THERE?

MS. ROSENTHAL: ACTUALLY, THE NATIONAL INSTITUTES

OF HEALTH, THE CENTERS FOR DISEASE CONTROL AND PREVENTION, THE UNITED

STATES PUBLIC HEALTH SERVICE AND THE INFECTIOUS DISEASES SOCIETY OF

AMERICA HAVE PUBLISHED A JOINT STATEMENT STATING THAT DECLAWING IS NOT

ADVISED.

MR. MANKTELOW: NOT A WHAT, MA'AM?

MS. ROSENTHAL: IS NOT ADVISED IN ANY OF THESE --

ANY CIRCUMSTANCES.

MR. MANKTELOW: SO, IF -- IF HER DOCTOR SAYS, IF

YOU WANT TO KEEP YOUR CAT WITHIN YOUR HOME, I RECOMMEND IT BEING

DECLAWED --

NYS ASSEMBLY JUNE 4, 2019

MS. ROSENTHAL: WELL, YOU KNOW --

MR. MANKTELOW: -- THERE ARE NO OPTIONS THERE.

MS. ROSENTHAL: I DON'T -- I DON'T KNOW THAT --THAT

A DOCTOR WOULD RECOMMEND THAT. THERE -- YOU KNOW, WE HAVE -- FOR

EXAMPLE, IN LONDON, THERE ARE MANY ELDERLY PEOPLE WHO HAVE CATS.

DECLAWING IS BANNED OVER THERE, AND -- AND THEY BOTH MANAGE TO

SURVIVE QUITE COMFORTABLY TOGETHER.

MR. MANKTELOW: OKAY. SO, IF WE GO AHEAD AND

PASS THIS BILL, WHAT'S TO TAKE AN INDIVIDUAL OR STOP AN INDIVIDUAL FROM

TAKING THEIR CAT TO ANOTHER STATE TO HAVE THIS DONE?

MS. ROSENTHAL: WELL, YOU KNOW, WHEN WE PASS

LAWS IN NEW YORK THEY TEND TO HAVE A DOMINO EFFECT, AND OTHER STATES

LIKE TO FOLLOW NEW YORK'S LEAD. SO, MY HOPE IS THAT AFTER WE PASS THIS

AND THE GOVERNOR SIGNS IT INTO LAW, MORE AND MORE STATES WILL PASS

IDENTICAL LANGUAGE. AND THERE REALLY IS NEVER A GOOD REASON FOR A CAT TO

BE DECLAWED, FROM THE CAT'S POINT OF VIEW. THEY ARE BORN WITH THE

CLAWS AND THEY NEED THEIR CLAWS TO STRETCH, TO DEFEND THEMSELVES OUT IN

THE WILD OR WHEREVER THEY MAY FIND THEMSELVES. TO WALK PROPERLY;

THEIR GAIT IS OFTEN DISTURBED WHEN THEY'RE AMPUTATED, WHEN THEIR CLAWS

ARE AMPUTATED. THERE IS NEVER A GOOD REASON, UNLESS AS I SAID, INJURY, A

TUMOR, OTHER MEDICAL NECESSITIES. SO, IF A PERSON HAS AN ISSUE WITH A

CATCH SCRATCHING, WELL, FIRST OF ALL, I'D ADVISE THEM DON'T GET A CAT

BECAUSE THAT IS THE VERY NATURE OF A CAT. BUT SECONDLY, THERE ARE WAYS

TO CHANGE CATS' BEHAVIOR. GET SCRATCHING POSTS. THERE ARE VINYL

SHEATHES THAT COULD BE PLACED ON THE NAILS. AND THERE'S -- THERE'S MANY

NYS ASSEMBLY JUNE 4, 2019

WAYS TO ADDRESS THAT BEHAVIOR. THE CAT'S JUST DOING WHAT A CAT DOES.

MR. MANKTELOW: OKAY. SO, YOU -- YOU TALKED

ABOUT THE CAT'S POINT OF VIEW.

MS. ROSENTHAL: YEAH.

MR. MANKTELOW: SO, ON THE CAT'S POINT OF VIEW,

WHEN A CAT'S EITHER NEUTERED OR SPAYED, DO YOU THINK THE CAT'S POINT OF

VIEW OF THAT IS GOOD?

MS. ROSENTHAL: A CAT IS SPAYED OR NEUTERED FOR

THEIR OWN -- FOR THEIR OWN HEALTH. TO PREVENT OVERPOPULATION OF

ANIMALS. AND IF YOU HAVE LOOKED IN ANY ANIMAL SHELTER LATELY, THEY ARE

OVERFLOWING WITH KITTENS, WITH DOGS, WITH BUNNIES. IT'S AN

OVERABUNDANCE OF ANIMALS OUT THERE, AND SO WE -- WE REALLY DON'T NEED

MORE TO BE REPRODUCED.

MR. MANKTELOW: NO, ABSOLUTELY. I'VE SEEN THAT

FIRST-HANDED. OUR -- OUR ANIMAL SHELTERS, OUR HUMANE SOCIETIES ARE --

ARE OVER FULL --

MS. ROSENTHAL: YES.

MR. MANKTELOW: -- WITH ANIMALS. SO, THAT'S --

THAT'S REALLY MY POINT. HOWEVER, MY CONCERN IS IF I HAVE AN ELDERLY

PATIENT WHO HAD A HEART VALVE, OR IS ON A BLOOD THINNER AND THE DOCTOR

RECOMMENDS THAT THAT CAT NOT BE ALLOWED IN THERE SO THE CAT DOESN'T

SCRATCH OR CUT OR HURT THE -- THE PATIENT, THE RESIDENT, THE OWNER OF THE

CAT, THEN HER OPTIONS -- HIS OR HER OPTIONS REALLY ARE LIMITED. I -- I HOPE

THAT WE DON'T SEND THAT CAT TO A HUMANE SOCIETY OR A SHELTER BECAUSE THE

CHANCES OF THAT CAT BEING EUTHANIZED ARE VERY HIGH AT THAT POINT.

NYS ASSEMBLY JUNE 4, 2019

MS. ROSENTHAL: I THINK THAT'S THEORETICAL. I'VE

NEVER HEARD OF A DOCTOR RECOMMENDING THAT SOMEONE'S CAT BE

DECLAWED. I'VE NEVER HEARD OF A HUMAN DOCTOR RECOMMENDING THAT --

THAT PROCEDURE.

MR. MANKTELOW: WELL, I'VE MET WITH TWO OF MY

VETERINARIANS IN MY -- BACK IN MY DISTRICT, AND THERE'S BEEN A CASE

WHERE THE DOCTOR TALKED TO THE PATIENT AND RECOMMENDED THAT THAT CAT

BE DECLAWED. AND I KNOW THE VETERINARIANS THAT I SPOKE TO, THEY DO NOT

TAKE THIS VERY LIGHTLY. THEY TOTALLY DISCOURAGE DECLAWING AS MUCH AS

THEY POSSIBLY CAN. BUT AT THE SAME TIME, THERE ARE TIMES WHEN IT IS

RECOMMENDED TO DO. AND -- AND I'M NOT A DOCTOR. I'M NOT AN EXPERT.

BUT I'M ONLY GOING BY WHAT THE VETERINARIANS ARE TELLING ME. THEY'RE --

THEY'RE THE EXPERTS.

MS. ROSENTHAL: WELL, WHAT -- WHAT THE HUMAN

DOCTOR, THE DOCTOR FOR HUMANS MAY NOT UNDERSTAND IS THAT CATS WHOSE

CLAWS ARE AMPUTATED OFTEN TURN TO BITING. BITES ARE -- ARE SO MUCH

MORE SERIOUS TO A HUMAN THAN A SCRATCH. AND SO, PERHAPS THERE NEEDS

TO BE AN EDUCATION CAMPAIGN OUT THERE AFTER THIS BECOMES LAW TO SAY

DECLAWING IS NEVER A GOOD OPTION EXCEPT FOR MEDICAL NECESSITY.

MR. MANKTELOW: SO -- SO DOCTORS ARE AWARE OF

THIS?

MS. ROSENTHAL: WELL, APPARENTLY THAT DOCTOR

ISN'T. BUT OTHERS -- YOU KNOW, ONCE THIS BECOMES A LAW, THEY WILL BE

EDUCATED THAT IT'S NOT A GOOD IDEA. BITES, AS I SAID, ARE MUCH MORE

SERIOUS THAN SCRATCHES. AND WHEN CATS HAVE THEIR CLAWS REMOVED, THEY

NYS ASSEMBLY JUNE 4, 2019

OFTEN TURN TO BITING BECAUSE YOU'RE INTERRUPTING THEIR -- THE NATURAL WAY

OF BEING.

MR. MANKTELOW: SO A CAT -- A CAT THAT'S ALREADY

DECLAWED AT THIS POINT IN TIME, OKAY, AND THE OWNER DECIDES TO GET RID

OF THE -- THE CAT --

MS. ROSENTHAL: UH-HUH.

MR. MANKTELOW: -- IT'S DECLAWED. WE CAN'T JUST

PUT IT OUT IN THE OPEN BECAUSE IT HAS NO WAY --

MS. ROSENTHAL: YOU CAN'T WHAT?

MR. MANKTELOW: WE CAN'T JUST LET IT GO OUTSIDE

BECAUSE IT HAS NO WAY TO DEFEND ITSELF.

MS. ROSENTHAL: ABSOLUTELY.

MR. MANKTELOW: SO, WHAT'S THE

RECOMMENDATION FOR THE CAT THAT'S ALREADY BEEN DECLAWED?

MS. ROSENTHAL: FOR A CAT THAT...

MR. MANKTELOW: HAS ALREADY BEEN DECLAWED.

MS. ROSENTHAL: WELL -- AND THE PERSON WANTS TO

RELINQUISH IT? IS THAT WHAT YOU'RE SAYING?

MR. MANKTELOW: YES.

MS. ROSENTHAL: WELL, I WOULD HOPE --

MR. MANKTELOW: OR HAS TO.

MS. ROSENTHAL: I WOULD HOPE THEY WOULD NOT DO

THAT, SINCE WHEN YOU ADOPT AN ANIMAL, YOU -- YOU TAKE RESPONSIBILITY

FOR THEIR CARE AND WELL-BEING FOR THEIR ENTIRE LIFE. YOU KNOW, PEOPLE

WHO CHANGE THEIR MIND IN THE MIDDLE OF THIS REALLY, YOU KNOW, NEED TO

NYS ASSEMBLY JUNE 4, 2019

THINK TWICE BEFORE DOING IT. HOWEVER, CATS ARE SOMETIMES RELINQUISHED

TO SHELTERS. CATS THAT ARE DECLAWED HAVE A HARDER TIME BEING ADOPTED

OUT OF A SHELTER BECAUSE THEY SHOW OTHER BEHAVIORS THAT OWNERS DON'T

LIKE. SO MY ADVICE WOULD BE TO FIND A RESCUE OR A SHELTER THAT WILL TAKE

CARE OF THAT ANIMAL AND MAKE SURE THAT THEY GET ADOPTED BY A GOOD

FAMILY THAT WON'T THROW THEM OUT.

MR. MANKTELOW: AND I -- I AGREE WITH THAT 100

PERCENT. MY ONLY CONCERN IS, THESE SHELTERS, AS YOU SAID EARLIER, ARE

ALREADY OVERBURDENED --

MS. ROSENTHAL: YES, THEY ARE.

MR. MANKTELOW: -- WITH CATS. SO, I'M

CONCERNED THAT BECAUSE THE OWNER IS NOT ALLOWED TO DEAL WITH THIS IN

THE WAY THEY CHOOSE, THAT CAT'S GOING TO BE EUTHANIZED EVENTUALLY.

MS. ROSENTHAL: WELL, YOU KNOW -- YOU KNOW, IN

LOS ANGELES -- AND BY THE WAY, I HAVE THE SUPPORT OF THE CITY OF LOS

ANGELES, WHICH BANNED DECLAWING MORE THAN TEN YEARS AGO --

MR. MANKTELOW: I -- I SAW THAT SAME REPORT.

MS. ROSENTHAL: AND THEY -- AND THEY FOUND THAT

IN THE -- IN THE FIVE YEARS AFTER THE DECLAW BAN WAS ENACTED, FAR FEWER

CATS WERE RELINQUISHED. SO, I THINK IT'S ACTUALLY GOING TO HELP THIS ISSUE

OF RELINQUISHMENT OF CATS. AND BY THE WAY, THERE ARE MANY RESCUES

AROUND THE STATE THAT MAKE SURE THAT ANIMALS ARE NOT EUTHANIZED. THEY

TAKE -- THEY PULL THEM AND THEY TAKE CARE OF THEM AND THEY ADOPT THEM

OUT.

MR. MANKTELOW: I KNOW IN MY DISTRICT WE HAVE

NYS ASSEMBLY JUNE 4, 2019

SO MANY CATS, SO MANY FERAL CATS --

MS. ROSENTHAL: YES. THIS IS DIFFERENT.

MR. MANKTELOW: AND BECAUSE WE HAVE SO

MANY FERAL CATS, THEY TRY TO ADOPT THEM OUT FIRST.

MS. ROSENTHAL: WELL, FERAL CATS ARE FERAL. SO,

THE -- THE BEST PROCEDURE FOR A COLONY OF FERAL CATS IS TO TRACK THEM, TO

NEUTER THEM, AND THEN TO PUT THEM BACK WHERE THEY CAME FROM. THEY

WILL BE UNABLE TO REPRODUCE, THEY WILL HAVE THEIR NORMAL LIFESPAN AND

NO ONE WILL BOTHER THEM. YOU CAN'T ADOPT A FERAL CAT BECAUSE THEY'RE

ALREADY FERAL. YOU CAN'T CHANGE THEM INTO A HOUSE CAT, FOR MOST OF THE

TIME.

MR. MANKTELOW: NO, AND I UNDERSTAND. AND

THAT -- AND THAT'S WHAT WE DO BACK HOME. BUT AT THE SAME TIME, THAT CAT

JUST WAS NEUTERED OR SPAYED AND --

MS. ROSENTHAL: SAY -- TALK LOUDER. I CAN'T -- I

COULDN'T HEAR THAT.

MR. MANKTELOW: I'M SORRY. AT THE SAME TIME,

BACK HOME THOSE -- THOSE CATS THAT WE DO TAKE IN ARE EITHER SPAYED OR

NEUTERED, AND I'M SURE THE CAT'S NOT HAPPY ABOUT THAT AS WELL. BUT WE

DO THAT TO PROTECT THE CAT FROM --

MS. ROSENTHAL: I THINK, YOU KNOW, THE FEMALE

CATS, I'M SURE, ARE VERY HAPPY NOT TO HAVE THEIR MONTHLY PERIOD --

(LAUGHTER)

AND, YOU KNOW, WE'RE DOING IT -- WE'RE DOING THIS TO

STOP THE OVERPOPULATION OF ANIMALS.

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NYS ASSEMBLY JUNE 4, 2019

MR. MANKTELOW: YES. BUT -- BUT MY POINT IS,

WHO -- WHO MAKES THAT DECISION THAT IT'S OKAY TO STOP THEM FROM

OVERPOPULATING? BUT AT THE SAME TIME THAT PERSON DOESN'T HAVE THE

CHOICE TO SAY, I WOULD LIKE MY CAT DECLAWED.

MS. ROSENTHAL: IT -- THEY -- THEY HAVE NOTHING TO

DO WITH EACH OTHER. DECLAWING IS A BARBARIC, INHUMANE GUILLOTINING OF

THE FIRST -- UP TO THE FIRST KNUCKLE. IT -- IT LEAVES BONE SHARDS, IT LEAVES

PAIN WITHIN -- WITHIN WHAT'S LEFT. IT LEAVES PHANTOM PAIN. IT LEAVES CATS

WITH A PAINFUL ROAD FOR THE REST OF THEIR LIVES. IT'S NOT FAIR TO DO THAT TO

THEM, AND THAT'S WHY WE NEED TO BAN DECLAWING OF CATS.

MR. MANKTELOW: OKAY. SO, BASICALLY IT'S NOT

FAIR TO THE CAT.

MS. ROSENTHAL: IT'S NOT WHAT?

MR. MANKTELOW: IT'S NOT FAIR TO THE CAT TO BE

DECLAWED, IS BASICALLY --

MS. ROSENTHAL: IT'S NOT FAIR TO THE CAT?

MR. MANKTELOW: YES.

MS. ROSENTHAL: NO, IT'S INHUMANE. IT'S BARBARIC.

IT IS UNNECESSARY. IT IS DONE FOR THE VANITY AND THE PROTECTION OF A

HUMAN'S COUCH OR FURNITURE. I DON'T THINK ANY OF THAT IS A GOOD IDEA TO

FOIST ON A CAT.

MR. MANKTELOW: OKAY. I THINK THAT'S ALL THE

QUESTIONS I HAVE. THANK YOU --

MS. ROSENTHAL: ALL RIGHT.

MR. MANKTELOW: -- SO MUCH FOR YOUR TIME.

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NYS ASSEMBLY JUNE 4, 2019

MS. ROSENTHAL: THANK YOU.

ACTING SPEAKER AUBRY: MR. SPEAKER --

MADAM SPEAKER, ON THE BILL, PLEASE.

ACTING SPEAKER ROZIC: ON THE BILL. BUT

BEFORE YOU START, COULD WE HAVE SOME QUIET IN THE CHAMBER, PLEASE?

THANK YOU.

MR. MANKTELOW: SO, AFTER DOING A LITTLE RESEARCH

ON THIS AND GETTING SOME INFORMATION, THIS IS WHAT I FOUND OUT. OUR

VETERINARIANS TAKE THE ISSUE OF DECLAWING VERY SERIOUSLY, AND BELIEVE

THAT IT SHOULD BE DONE AND IN -- AS AN AVAILABLE OPTION WHEN THE

ALTERNATIVE -- ALTERNATIVE IS ABANDONMENT OR EUTHANIZ -- EUTHANIZATION.

MANY -- MANY DOCTORS DO DIRECT THEIR PATIENTS THAT HAVE CATS TO BE

DECLAWED WHEN THEY ARE IMMUNOCOMPROMISED, DIABETIC, HEMOPHILIC OR

IMMUNE-SUPPRESSING MEDICATION OR A VARIOUS OF OTHER MEDICAL REASONS.

WHILE MEDICAL LITERATURE DOES NOT RECOMMEND DECLAWING IN ALL

CIRCUMSTANCES, IN PRACTICE SOME DOCTORS WILL NOT TAKE THE RISK WITH

THEIR PATIENTS' HEALTH OR ORDER THE PATIENT TO REMOVE THE CATS WITH CLAWS

FROM THEIR HOME. AND THAT WAS MY POINT; THE DOCTOR DOES NOT WANT TO

DO THAT. THESE CAT OWNERS SHOULD NOT NEED TO FACE RELINQUISHMENT OR

EUTHANIZATION OF THEIR PET BECAUSE THE OPTION OF DECLAWING WAS TAKEN

AWAY. CATS THAT WOULD LOSE THEIR HOME IF NOT DECLAWED FACE A HIGHER

RISK OF EUTHANIZATION THAN IF THEIR OWNER WAS ABLE TO CARE FOR THEM

LONG-TERM. THEY ALSO EXCHANGE A LIFE OF COMFORT AND CARE TO

POTENTIALLY SPENDING YEARS IN CONDITIONS THAT MAY BE FAR FROM IDEAL FOR

LONG-TERM LIVING. THE NEW YORK STATE VETERINARY AND MEDICAL

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SOCIETY BELIEVES THAT VETERINARIAN, AS A LICENSED MEDICAL PROFESSIONAL

WITH AN EDUCATION OF KNOWLEDGE TO SAFETY -- SAFELY PERFORM MEDICAL

PROCEDURES TO ANIMALS SHOULD BE PERMITTED TO MAKE A MEDICAL DECISION

AFTER DIRECT CONSULTATION WITH A CLIENT AND THROUGH AN EXAMINATION OF

THE PATIENT AND ITS HOME CIRCUMSTANCES. IT IS A VETERINARIAN'S OBLIGATION

TO CONSULT WITH A CLIENT REGARDING THE NORMAL SCRATCHING BEHAVIOR OF

CATS, ALTERNATIVES TO DECLAWING, THE PROCEDURE ITSELF AND THE POTENTIAL

RISKS TO THE PATIENT. THE DECISION TO DECLAW A CAT IS A MEDICAL DECISION,

NOT A LEGISLATIVE DECISION, THAT SHOULD BE MADE BY THE OWNERS IN

CONSULTATION WITH A TRAINED, LICENSED AND STATE-SUPERVISED VETERINARIAN

OPERATING WITHIN THE APPROPRIATE STANDARDS OF THE PRACTICE. DECLAWING

OF A DOMESTIC CAT SHOULD BE CONSIDERED WHEN ITS CLAWING PRESENTS AN

ABOVE-NORMAL HIGH HEALTH RISK TO ITS OWNERS, OR AFTER ATTEMPTS HAVE

BEEN MADE TO PREVENT THE CAT FROM USING ITS CLAWS DESTRUCTIVELY.

I -- I TRULY DO WANT TO SUPPORT THIS BILL, BUT I CANNOT

SUPPORT IT TOTALLY WITHOUT AN OPTION IN THERE WHERE WE HAVE AN OPTION

TO DECLAW, IF NECESSARY. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: MS. GLICK.

MS. GLICK: THANK YOU, MADAM SPEAKER. I DON'T

KNOW MANY -- HOW MANY CATS THE GENTLEMAN HAS HAD. AND I CONSIDER

MYSELF A MINOR EXPERT. AND I DISAGREE WITH MS. ROSENTHAL ON ONLY

ONE POINT, AND THAT IS THAT YOU ACTUALLY CAN TAKE A FERAL CAT IN. IT'S NOT

EASY, BUT YOU CAN, AND YOU SHOULD. THIS BILL IS REALLY IMPORTANT. FIRST

OF ALL, IT IS GIVING TO VETERINARIANS THE ABILITY TO MAKE A MEDICAL

DETERMINATION AS TO WHETHER OR NOT THERE IS A MEDICAL REASON FOR

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DECLAWING A CAT. IN THE SAME WAY THAT WE WOULD NOT HAVE A CHILD

WHO'S CLIMBING UP ON THINGS AND JUST SAY, WELL, YOU KNOW, IF THEY DIDN'T

HAVE THOSE FIRST -- THAT OPPOSABLE THUMB, THEY JUST MIGHT NOT GET INTO

TROUBLE, SO LET'S TAKE THE OPPOSABLE THUMB OFF. SO, CATS CAN BECOME

BITERS IF THEY ARE NOT -- IF THEY DON'T HAVE THE ABILITY TO SCRATCH. BUT YOU

CAN, IN FACT, CLIP THEIR CLAWS, IN WHICH CASE WHAT ACTUALLY CUTS -- CAUSES

THE SCRATCH IS THE POINT OF THE CLAW. SO, IF YOU TRIM YOUR CAT'S CLAWS

REGULARLY, THEN THEY WON'T HAVE THAT SHARP POINT AND YOU WON'T ACTUALLY

SUFFER A SCRATCH. AND YOU SHOULD START THAT PROCESS EARLY. I'VE HAD CATS

THAT AREN'T PLEASED WITH HAVING THEIR CLAWS TRIMMED, BUT I'VE HAD OTHERS

THAT VIEW IT AS BEAUTY DAY AND ENJOY ACTUALLY GETTING THEIR CLAWS

TRIMMED. I AM MYSTIFIED THAT THE WAY WE WOULD DEAL WITH PEOPLE'S

HEALTH ISSUES -- AND, IN FACT, IF YOU HAVE A PREGNANT WOMAN THEY WILL

TELL -- AN OBSTETRICIAN WILL TELL A PREGNANT WOMAN NOT TO BE THE ONE TO

CLEAN THE LITTER BOX BECAUSE OF A PARTICULAR.... TOXOPLASMOSIS, I AM

ADVISED. WHICH ISN'T TO SAY THAT PREGNANT WOMEN GET RID OF THE CAT. IN

FACT, I THINK MY SISTER HAD TWO CATS AND HER DAUGHTER HAD ASTHMA AND

THE DOCTOR ADVISED HER GETTING RID OF THE CATS. AND SHE GOT RID OF THE

NEW CAT, BUT SHE SAID THE OTHER CAT HAD BEEN THERE LONGER THAN THE CHILD.

AND MY NIECE ACTUALLY MANAGED TO NOT ONLY BE FINE, BUT TO HAVE THE JOY

OF HAVING A -- A CAT WHILE SHE WAS GROWING UP. I DON'T THINK THERE'S ANY

REASON TO DISABLE A CAT BECAUSE YOU HAVE A FEAR OF SCRATCHING. IF YOU

HAVE THAT FEAR, YOU EITHER CLIP THE CLAWS, USE THE VINYL TIPS, OR CATS

AREN'T FOR YOU. YOU'RE NOT OBLIGATED TO HAVE A CAT. IF YOU HAVE A CAT

AND YOU DEVELOP A MEDICAL CONDITION, THERE ARE WAYS OF DEALING WITH IT

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NYS ASSEMBLY JUNE 4, 2019

WITHOUT DEFORMING YOUR CAT'S FEET.

SO, I THINK THAT THIS IS A GREAT BILL. IT WOULD BE A GREAT

STEP FORWARD FOR OUR FURRY FRIENDS, AND I HOPE EVERYBODY WILL VOTE IN

FAVOR OF THIS VERY APPROPRIATE MEASURE. MEOW.

(LAUGHTER)

ACTING SPEAKER ROZIC: MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU. ON THE BILL. TODAY

IS A "CATACULAR" DAY IN THE STATE OF NEW YORK FOR OUR FOUR-LEGGED

FELINES AND THE PEOPLE WHO LOVE THEM. WITH TODAY'S VOTE IN BOTH

HOUSES, NEW YORK TAKES ONE GIANT LEAP OFF THE CAT TOWER TOWARD

BECOMING THE FIRST STATE IN THE NATION TO BAN DECLAWING. LET'S SET ONE

THING STRAIGHT: A DECLAW PROCEDURE IS NOT LIKE GETTING A MANI/PEDI AT

THE SPA. IT'S A SURGERY WHICH NEARLY ALL OF CATS -- WHICH REMOVES NEARLY

ALL OF THE CAT'S FIRST TOE BONES, TENDONS AND MUSCLES. THIS BRUTAL

PERMANENT DISFIGUREMENT LEAVES MANY CATS EXPERIENCING CHRONIC

LIFELONG PAIN, MUCH LIKE AN AMPUTEE WHO EXPERIENCES PHANTOM PAIN

ASSOCIATED WITH THEIR LOST LIMB. UNLIKE HUMAN AMPUTATION, WHICH IS

MOST OFTEN PERFORMED TO SAVE A LIFE, CAT TOE AMPUTATION IS PERFORMED TO

SAVE A COUCH, THE CURTAINS OR OTHER PIECES OF FURNITURE, FOR THE MOST

PART. HARDLY COMPARABLE. CATS SCRATCH. LIKE PURRING, MEOWING AND

RUBBING YOUR LEGS FOR TREATS, SCRATCHING IS AN INSTINCT, SOMETHING CATS

ARE BORN TO DO. DENYING CATS THE ABILITY TO SATISFY ONE OF THEIR MOST

BASIC AND NATURAL BIOLOGICAL URGES IS CRUEL, AND CAUSES CATS TO ACT OUT IN

A VARIETY OF WAYS. DECLAWED CATS OFTEN RESORT TO BITING AND LITTER BOX

AVOIDANCE, OR BOTH, TO EXPRESS THEIR FRUSTRATION ABOUT NOT BEING ABLE TO

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NYS ASSEMBLY JUNE 4, 2019

SCRATCH. NOW THAT THE CLAWS ARE GONE, SHOULD WE ALSO REMOVE THEIR

TEETH? MY CATS, KITTY AND VEDA, ARE PART OF MY FAMILY. THEY ARE NOT

PROPERTY OVER WHICH I MAY EXERT MY DOMINION. I AM NOT ENTITLED TO

DISFIGURE THEM OR CAUSE THEM PAIN FOR MY CONVENIENCE OR TO SUIT MY

LIFESTYLE. THIS IS SIMPLY NOT THE DEAL YOU MAKE WHEN YOU BRING AN

ANIMAL INTO YOUR LIFE. AND WHEN SO MANY ALTERNATIVES TO DECLAWING

EXIST, THERE'S NO REASON TO DECLAW. INSTEAD OF DECLAWING, YOUR KITTEN

SHOULD WEAR MITTENS, OR YOU CAN PROVIDE YOUR CATS WITH SCRATCHING

POSTS AND CONSTRUCTIVE OUTLETS FOR THEIR ENERGY.

NOW, OVER THE YEARS THE OPPOSITION TO THIS EFFORT HAS

BEEN FORMIDABLE AMONG SOME VETERINARIANS WHO OFFER TWO-FOR-ONE

DECLAW AND SPAY AND NEUTER PROCEDURES, LIKE A WASH AND WAX AT THE CAR

WASH. BUT THOSE DAYS ARE OVER.

I WANT TO PAUSE HERE TO THANK THE ADVOCATES WHO HAVE

BEEN LIKE A DOG WITH A BONE - I HAD TO GET ONE DOG PUN IN - IN THEIR

ADVOCACY OVER THE YEARS TO SEE THIS BILL BECOME LAW. DR. JENNY CONRAD

AND JIM JENSVOLD OF THE PAW PROJECT, WHO STARTED THIS EFFORT, ALONG

WITH DR. SUSAN WHITTRED OF THE PAW PROJECT, ALLEY CAT ALLIES, BRIAN

SHAPIRO OF THE HUMANE SOCIETY, AND HUMANE SOCIETY VETERINARIAN

MEDICAL ASSOCIATION. MY COLLEAGUE, CHAIR OF THE ASSEMBLY

AGRICULTURE COMMITTEE, ALSO DESERVES A LOT OF KUDOS FOR ADVANCING THIS

BILL. SO, WHILE THE CATS OF NEW YORK MAY PREFER TO LAZE THEIR DAYS

AWAY IN A SUNNY SPOT NEAR THE WINDOW, YOU HAVE BEEN TIRELESS.

LUCKILY, THE CAT NEVER HAD YOUR TONGUE SO YOU WERE ABLE TO BE THE

VOICE FOR THE VOICELESS, AND THE VICTORY IS YOURS. SO, CATS OF NEW

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NYS ASSEMBLY JUNE 4, 2019

YORK, SHOW ME YOUR CLAWS. I WANT TO THANK MY COLLEAGUES WHO

SHOULD NEVER BE CONFUSED WITH SCAREDY-CATS FOR THEIR VOTES. NOW THAT

NEW YORK HAS LED THE FULLY-CLAWED CAT OUT OF THE BAG, IT'S TIME WE TAKE

THIS MOVEMENT TO EVERY STATE IN THE NATION.

THANK YOU.

ACTING SPEAKER ROZIC: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: LET'S HAVE SOME QUIET

IN THE CHAMBER, PLEASE. KEEP THE CAT CALLS TO A MINIMUM.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. LENTOL TO EXPLAIN HIS VOTE.

MR. LENTOL: THANK YOU, MR. [SIC] SPEAKER. I RISE

TO SUPPORT MY FELINE FRIENDS ALL OVER NEW YORK. I ALSO AGREE WITH ONE

OF MY COLLEAGUES WHO SUGGESTED THAT A -- A FERAL CAT CAN BE

HOUSE-TRAINED, BECAUSE I KNOW FOR A FACT BECAUSE I'VE HAD ONE. AND

UNFORTUNATELY, I LOST HER ABOUT TWO YEARS AGO. BUT I JUST WANT TO

COMMENT ON THIS BILL BECAUSE IT'S REALLY AN EITHER/OR PROSPECT FOR PEOPLE

WHO WANT TO HAVE A CAT. YOU EITHER WANT TO HAVE A CAT, OR YOU WANT TO

TAKE AWAY ITS ABILITY TO DEFEND HIS OR HERSELF BECAUSE YOU WANT TO

PROTECT YOUR FURNITURE. AND I UNDERSTAND THAT PEOPLE WANT TO PROTECT

THEIR FURNITURE, THEN THEY SHOULDN'T HAVE A CAT. THEY SHOULD GET A DOG.

AND EVEN THEN, THAT'S NOT SO SAFE. BUT I KNOW AS A LONGTIME CAT LOVER

THAT MY CATS DID SOME DAMAGE TO MY FURNITURE, AND I LIVED WITH IT. AND

I LIVE WITH IT HAPPILY BECAUSE I'VE HAD TWO WONDERFUL KITTIES FOR -- THAT

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NYS ASSEMBLY JUNE 4, 2019

LASTED -- ONE HAD A LIFETIME OF 18 YEARS AND THE OTHER ONE HAD A LIFETIME

OF 16 YEARS. AND I WAS VERY PLEASED TO HAVE BOTH OF THEM IN MY LIFE

BECAUSE AS THE SPONSOR HAS SUGGESTED TO US, IT'S JUST LIKE A PART OF YOUR

FAMILY. AND OF COURSE THEY'RE GOING TO GET INTO ALL KINDS OF MISCHIEF,

NOT ONLY SCRATCHING. BUT I TELL YOU THAT IF YOU TAKE AWAY A CAT'S DEFENSE

MECHANISM THAT SHE OR HE HAS IN HER PAWS, YOU'RE RUINING THAT CAT'S LIFE

PSYCHOLOGICALLY. I KNOW THAT FOR A FACT, BECAUSE I'VE SEEN OTHER CATS.

ACTING SPEAKER ROZIC: HOW DO YOU VOTE, MR.

LENTOL?

MR. LENTOL: I VOTE IN THE AFFIRMATIVE, MADAM

SPEAKER.

ACTING SPEAKER ROZIC: MR. LENTOL IN THE

AFFIRMATIVE.

MS. LINDA ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: THANK YOU, MADAM SPEAKER, TO

EXPLAIN MY VOTE. I'D LIKE TO STAND CORRECTED FOR THE RECORD. ONE CAN

ADOPT A FERAL CAT. YOU NEED PATIENCE AND YOU NEED FORTITUDE, BUT THERE

ARE FERAL CATS THAT HAVE BEEN SUCCESSFULLY ADOPTED AND ARE THE JOY OF

SOMEONE'S LIFE.

SO, I WOULD LIKE TO THANK MY SPECTACULAR STAFF FOR

DEVOTING ENDLESS HOURS TO THIS. IT WAS, YOU KNOW, A MAJOR WORK FOR MY

OFFICE. LAUREN, GUS, ERICA, CAITLYN, NICK, INTERNS. OVER THE YEARS

WE'VE GOTTEN SO MUCH SUPPORT AND I'M "PAWSITIVELY" THANKFUL TO THEM,

AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ROZIC: MS. ROSENTHAL IN THE

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AFFIRMATIVE.

MR. DENDEKKER TO EXPLAIN HIS VOTE.

MR. DENDEKKER: THANK YOU, MADAM SPEAKER. I

ALSO WANTED TO THANK THE SPONSOR OF THIS BILL. I HAD A SIMILAR BILL. WE

HAD A CONSTITUENT COME IN THAT WAS TOLD THAT IN ORDER FOR THEM TO RENEW

THEIR LEASE THAT THEY WOULD HAVE TO HAVE THEIR CAT DECLAWED. AND WE

JUST THOUGHT THAT WAS ABSOLUTELY INSANE AND HORRIBLE, THAT A LANDLORD

WOULD DO THAT TO SOMEBODY WHO HAD THIS PET FOR SO MANY YEARS.

AND -- AND WE PUT A BILL IN TO SAY THAT YOU COULDN'T MAKE THAT A -- A

REASON TO RENEW A LEASE, TO DECLAW A CAT. I ALSO HAVE MY OWN CAT. I

AGREE WITH EVERYTHING THAT MY COLLEAGUES HAVE SAID. DOING SURGERY

ONTO A CAT BECAUSE YOU'RE CONCERNED ABOUT YOUR FURNITURE, YOU SHOULD

MAYBE NOT HAVE A CAT, THEN. IN FACT, I PREFER THAT YOU DON'T HAVE A CAT.

BECAUSE OBVIOUSLY, YOU DON'T UNDERSTAND HOW A CAT OPERATES. IF YOU'RE

LUCKY ENOUGH, YOU GET TO LIVE IN THEIR HOUSE AFTER YOU BRING THEM IN.

THEY WILL TELL YOU WHAT YOU ARE ALLOWED TO DO AND WHEN YOU ARE

ALLOWED TO DO IT.

SO, ON BEHALF OF AUTUMN DENDEKKER, I AM 100

PERCENT BEHIND THIS BILL AND I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER ROZIC: MR. DENDEKKER IN THE

AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: SINCERE THANKS TO THE SPONSOR AND

EVERYONE ELSE WHO FOUGHT FOR THIS BILL. IN THE END, WE'LL ALL BE JUDGED

BY THE WAY WE TREAT EACH OTHER, AND WE WILL ALSO BE JUDGED BY THE WAY

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WE TREAT OUR FELLOW CREATURES. SO I'M GOING TO BE VERY HAPPY TO VOTE

FOR THIS BILL. AND I'M THINKING OF MR. KITTY, WHO WAS MY CAT, WAS

ACTUALLY -- SOME OF YOU MET HIM WHEN YOU VISITED MY HOME. AND MR.

KITTY WAS ACTUALLY SUPPOSEDLY FOUND BY MY DAUGHTER AT THE UNIVERSITY

OF VERMONT. MR. KITTY HAD A VERY GOOD LIFE. MR. KITTY LIVED IN

BURLINGTON, VERMONT; OAKLAND, CALIFORNIA; SAN FRANCISCO, CALIFORNIA;

AND THEN SPENT MOST OF HIS YEARS IN MY HOUSE, HELPING ME AT THE

COMPUTER WHERE HE WAS ALWAYS QUITE AGILE WITH HIS -- WITH HIS PAWS.

MR. KITTY, SADLY, IS TODAY IN THE BIG LITTER BOX IN THE SKY. BUT I'M SURE

THAT MR. KITTY WOULD BE VERY, VERY PLEASED WITH THIS -- WITH THIS BILL.

AND IT ACTUALLY IS - ALL KIDDING ASIDE - THIS IS A MAJOR STEP FOR US AS

HUMAN BEINGS AND A MAJOR STEP FOR THE STATE OF NEW YORK.

SO, LINDA, AND EVERYBODY ELSE, SINCERE AND GREAT

THANKS.

ACTING SPEAKER ROZIC: MR. LAVINE IN THE

AFFIRMATIVE.

CAN WE HAVE SOME QUIET IN THE CHAMBER, PLEASE?

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: I DON'T HAVE A CAT. I'VE NEVER HAD

A CAT AND I'M NEVER GOING TO HAVE A CAT.

(LAUGHTER)

HOWEVER, I THINK THE DECLAWING OF CATS IS DISGUSTING

AND BARBARIC, JUST LIKE I THINK, BY THE WAY - AND THERE'S ANOTHER BILL OUT

THERE - I THINK DEVOCALIZATION OF DOGS IS SIMILARLY BARBARIC.

I WANT TO THANK THE SPONSOR OF THIS BILL. I THINK THIS IS

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A REALLY GREAT BILL. I APPRECIATE IT AND IT'S -- I'M GLAD THAT WE ARE FINALLY

DOING THIS. SO, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ROZIC: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE

COULD NOW GO TO CALENDAR NO. 334. IT'S ON PAGE 25 AND IT'S BY MS.

FAHY.

(PAUSE)

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02432, CALENDAR NO.

334, FAHY, BARRETT, ORTIZ, MAGNARELLI, GOTTFRIED, ENGLEBRIGHT, THIELE,

SIMON, D'URSO, GLICK, LUPARDO, JAFFEE, ZEBROWSKI, SANTABARBARA,

COLTON, CAHILL, GALEF, MOSLEY, ARROYO, SEAWRIGHT, PICHARDO, LIFTON,

DINOWITZ, VANEL, STIRPE, L. ROSENTHAL, STECK, ABINANTI, RICHARDSON,

WRIGHT, WALLACE, O'DONNELL, TAYLOR, NIOU, QUART, CARROLL,

DE LA ROSA, REYES. AN ACT TO AMEND THE PUBLIC SERVICE LAW AND THE

STATE FINANCE LAW, IN RELATION TO INSTITUTING INTERNET SERVICE NEUTRALITY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. FAHY.

MS. FAHY: YES, THANK YOU, MR. SPEAKER. HAPPY TO.

THIS BILL ON NET NEUTRALITY IS ONE THAT WAS INITIATED A YEAR-AND-A-HALF

AGO AFTER THE FCC, THE FEDERAL COMMUNICATIONS COMMISSION, CHANGED

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THEIR RULES AND ESSENTIALLY DROPPED THEIR NET NEUTRALITY PRINCIPLE. SO,

MY BILL WOULD DENY STATE CONTRACTS TO INTERNET SERVICE PROVIDERS -

OTHERWISE KNOWN AS ISPS - THAT PUBLICLY DISCLOSE, AS REQUIRED BY THE

FCC, THAT THEY ENGAGE IN PRACTICES SUCH AS THROTTLING OR PAID

PRIORITIZATION. IT WOULD ALSO AUTHORIZE THE PSC, WHICH IS THE PUBLIC

SERVICE COMMISSION, TO STRIP ANY ISP - AGAIN, OR AN INTERNET SERVICE

PROVIDER - OF THEIR STATE CONTRACT IF THEY DO NOT MEET PREVIOUS NET

NEUTRALITY STANDARDS IN THEIR RECORDING REQUIREMENT. AGAIN, AT THE HEART

OF THE BILL IS THAT EVERY NEW YORKER WOULD -- ENSURING THAT EVERY NEW

YORKER WOULD NOT BE PREVENTED FROM CONTINUING TO HAVE ACCESS TO A

FREE, OPEN AND EQUITABLE INTERNET, AND ACCESS TO THAT INTERNET.

THANK YOU.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

MS. FAHY: SURE.

ACTING SPEAKER AUBRY: THE SPONSOR WILL

YIELD.

MS. FAHY: SURE.

MR. PALMESANO: THANK YOU, PAT. I HAVE SOME

QUESTIONS. I KNOW YOU'VE STATED THAT THIS LEGISLATION DEALS WITH --

SPECIFICALLY WITH PROHIBITING STATE CONTRACTS. IS THAT CORRECT?

MS. FAHY: YES.

MR. PALMESANO: WHERE MY QUESTION COMES INTO

PLAY IS THE LANGUAGE IN THE BILL, THE BEGINNING WHERE IT SAYS BROADBAND

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SERVICES, LINE -- I THINK IT'S LINE EIGHT -- IT SAYS, BROADBAND INTERNET

SERVICES SHALL MEAN A -- A MASS MARKET RETAIL SERVICE. AND FROM MY

UNDERSTANDING, MASS MARKET RETAIL SERVICES IS EXACTLY WHAT ISPS OFFER

TO ALL CONSUMERS. SO NOT JUST THOSE THAT ARE WORKING ON STATE CONTRACTS.

AND ALSO, IF YOU GO DOWN A LITTLE FARTHER, IT SAID BROADBAND INTERNET

SERVICES PROVIDER SHALL MEAN ANY PERSON, BUSINESS, ORGANIZATION

QUALIFIED TO DO BUSINESS IN THE STATE, INCLUDING MUNICIPAL BROADBAND

PROVIDERS THAT PROVIDE TO INDIVIDUALS, CORPORATIONS. SO, WHEN YOU SAY

INDIVIDUALS, THAT'S NOT STATE CONTRACT, THAT'S EVERYBODY. SO THIS

LEGISLATION IS MUCH MORE IMPACTFUL THAN JUST DEALING WITH STATE -- THOSE

WHO ARE PARTICIPATING FOR A STATE CONTRACT. THIS IS GOING TO HAVE AN

IMPACT ACROSS THE BOARD ON ALL INTERNET OPERATIONS ALTOGETHER, CORRECT?

BASED ON THAT LANGUAGE THAT'S IN THIS BILL.

MS. FAHY: LET ME -- LET ME CLARIFY. ESSENTIALLY

WHAT THIS IS GETTING AT IS THAT WE'RE USING THE NEW YORK STATE "POWER

OF THE PURSE," IF YOU WILL. WE HAVE A $175 BILLION ANNUAL BUDGET, AND

THE -- THE RIPPLE EFFECT, IF YOU WILL, OF THE FACT THAT IT IS THE STATE DOES --

MOST BUSINESSES THAT CONTRACT WITH THE STATE TURN AROUND AND CONTRACT

WITH MANY OTHERS, LIKE OUR -- OUR SCHOOL DISTRICTS, OUR LIBRARIES AND A

HOST OF OTHER COMPANIES THAT MAY RENT, OR INDIVIDUALS THAT USE THE

SERVICES. SO, I THINK -- I THINK IT IS JUST THE -- THE FACT THAT IT'S -- THE

ONES WHO WOULD BE DIRECTLY IMPACTED ARE THOSE WHO WOULD BE SEEKING

CONTRACTS FROM THE STATE. AND BY THE WAY, I SHOULD GIVE A SHOUT-OUT.

CHARTER COMMUNICATIONS, WHEN THIS CAME UP A YEAR OR SO AGO, WHEN

THEY WERE IN DISPUTE WITH THE STATE ON THEIR STATE CONTRACT, THEY CAME

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BACK TO THE PSC AND HAVE ALREADY CERTIFIED THAT THEY WOULD MAINTAIN

THE PRINCIPLES OF A NET NEUTRALITY AND FREE AND OPEN ACCESS TO THE

INTERNET. SO AT&T, AS A RESULT OF THIS LEGISLATION, ALSO CAME OUT AND

SAID THAT THEY WOULD ABIDE BY THE NET NEUTRALITY PRINCIPLES AS WELL.

AND AS YOU KNOW, THAT HAS A HUGE RIPPLE EFFECT BEYOND STATE CONTRACTS

SINCE MANY INDIVIDUALS HAVE AT&T SERVICES. SO IT -- IT'S, I THINK, THE

-- THE RIPPLE EFFECT OF THIS, IS WHAT IT'S IMPLYING.

MR. PALMESANO: SO, I GUESS MY QUESTION --

BECAUSE I KNOW YOU SAID -- LIKE YOU SAID, THIS IS MORE TO GET A RIPPLE

EFFECT FOR BEYOND JUST STATE CONTRACTS, AND I THINK THAT'S A CONCERN I

HAVE, GIVEN THE MARKETPLACE THAT WE HAVE. BECAUSE THIS STEMS BACK TO

THE FCC ORDER. AND DIDN'T THAT ORDER RESTORE JURISDICTION TO THE FEDERAL

TRADE COMMUNICATION [SIC] TO ACT WHEN BROADBAND PROVIDERS ENGAGE

IN ANTICOMPETITIVE OR UNFAIR OR DECEPTIVE PRACTICES? SO THE FCC'S

EMPOWERED RIGHT NOW TO GO AFTER ANY CONDUCT THAT'S INAPPROPRIATE.

RIGHT NOW, THAT'S WHAT THAT ORDER DID. THAT'S THE CASE AS WE HAVE RIGHT

NOW, BUT THIS IS GOING BEYOND THAT. CORRECT?

MS. FAHY: THE -- YOU KNOW, INDIRECTLY I GUESS THEY

COULD, YOU COULD READ IT THAT WAY. HOWEVER, SINCE THE FCC IS THE ONE

WHO MADE THE RULING TO ABANDON THE PRINCIPLES, THE NET NEUTRALITY

PRINCIPLES, AND THEREFORE NOT -- THE ONLY THING THAT THEY ARE ENFORCING IS

THAT THEY ASK FOR THE PUBLIC DISCLOSURE OF COMPANIES WHO ARE NOT

ABIDING BY IT. BUT THERE'S NO ENFORCEMENT MECHANISM. WE HAVE SEEN

LEGISLATION MOVE IN THE U.S. HOUSE OF REPRESENTATIVES. HOWEVER, THE

SENATE, THE U.S. SENATE, HAS SAID THAT THEY DO NOT PLAN TO MOVE SIMILAR

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LEGISLATION. SO WE DO FEEL IT'S WITHIN -- IT'S IMPORTANT FOR THE STATES TO

SPEAK UP ON THIS AND CONTINUE TO PREVENT -- AS YOU KNOW, WE SAW SOME

EGREGIOUS EXAMPLES OF SOME INTERNET SERVICE PROVIDERS DOING THE PAID

PRIORITIZATION OR THE THROTTLING -- WE SAW IT IN MENDOCINO LAST YEAR WITH

FIREFIGHTERS LOSING ACCESS TO THEIR INTERNET IN -- IN THE HEIGHT OF SOME OF

THE CALIFORNIA FIRES. SO, WE HAVE SEEN SOME ABUSES HERE AND WE DO

THINK IT'S IMPORTANT THAT STATES SPEAK OUT. SINCE THIS BILL WAS

INTRODUCED A YEAR-AND-A-HALF AGO, WE HAVE SINCE SEEN ABOUT FIVE OTHER

STATES PASS LEGISLATION TO PROTECT THIS NET NEUTRALITY.

MR. PALMESANO: ANOTHER QUESTION. RIGHT NOW,

UNDER THE LAW, DOESN'T NEW YORK'S ATTORNEY GENERAL -- GENERAL -- OUR

ATTORNEY GENERAL HAVE THE POWER AND AUTHORITY TO ENFORCE CONSUMER

PROTECTION LAWS AND ITS APPLICABILITY AGAINST BROADBAND PROVIDERS, AS IT

DOES ANY OTHER BUSINESS ENTITY IN THE STATE THAT'S NOT ABIDING BY THE

LAWS AND CONSUMER FAIRNESS AND DECEPTIVELY ACTING? RIGHT NOW, THERE

ARE FEDERAL AND STATE LAWS ALREADY IN PLACE THAT ADDRESSES THIS ISSUE.

WE -- THE ATTORNEY GENERAL HAS THE -- THE AUTHORITY IN THE STATE RIGHT

NOW TO DO THIS. SO WHY IS THIS EVEN THAT MUCH MORE NECESSARY?

MS. FAHY: AGAIN, I THINK IF THE -- IF THE FCC HAS

ABANDONED THE PRINCIPLES, AND THAT IS THAT THE RULING THAT STANDS RIGHT

NOW, THE ONLY THING THEY ARE REQUIRING IS THAT THEY BE DISCLOSED, THAT

COMPANIES DISCLOSE IF THEY ARE DOING THROTTLING OR PAID PRIORITIZATION OR

ANY OTHER THINGS THAT WOULD SLOW DOWN ACCESS OR -- OR PRIORITIZE ACCESS

TO -- TO THOSE WHO PAY MORE. SO I DON'T -- I'M NOT SURE WHERE THE AG,

THEN, WOULD HAVE THAT AUTHORITY WITHOUT US TAKING LEGISLATIVE ACTIONS,

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SINCE THE FCC HAS ABANDONED, BUT LET ME... (SIDEBAR).

YEAH. I -- I THINK -- RIGHT. I THINK LEAVING THIS TO

COMPANIES AND CORPORATIONS TO SELF-REPORT OR TRYING TO TRACK WHAT THEY

MAY REPORT TO THE FCC SINCE WE HAVE DON'T THE COOPERATION THERE RIGHT

NOW. I THINK IT IS IMPORTANT THAT WE TAKE THIS -- THIS STEP TO SHOW THAT

NEW YORK STATE, THROUGH THE POWER OF ITS PURSE, WILL CONTINUE TO ABIDE

BY THE PRINCIPLES.

MR. PALMESANO: ARE -- ARE THERE ANY EXAMPLES

THAT YOU'RE AWARE OF THAT YOU COULD SHARE WITH US ABOUT THIS --

EXAMPLES OF THROTTLING AND BLOCKING THAT ARE GOING ON RIGHT NOW THAT

ARE BEING ADDRESSED? BECAUSE I HAVEN'T BEEN MADE AWARE OF ANYTHING

SINCE --

MS. FAHY: WELL, AGAIN, THE MOST EGREGIOUS ONE IS

THE -- IS THE -- IS THE -- MENDOCINO LAST YEAR WITH THE FIRE -- THE HEIGHT

OF ONE OF THE CALIFORNIA FIRES, WHERE THEY -- THEY WERE THROTTLING AND

BLOCKING THE INTERNET ACCESS FOR THE MENDOCINO FIREFIGHTERS. AND

AFTERWARDS WHEN IT WAS PUBLICIZED THAT THEY WERE DOING THAT, THEY

ENDED UP RESTORING IT, BUT THEN CHARGING MORE. AND THAT WAS ONLY AFTER

A PUBLIC OUTCRY. THE OTHER THING THAT'S BEEN DISTURBING IS ONE OF THE

REASONS THE FCC SAID THAT THEY WERE GOING TO DROP THE -- THE PRINCIPLES

AND -- AND DROP THE REQUIREMENT, IS THEY ANTICIPATED THAT IT WOULD LEAD

TO MORE INVESTMENT IN -- IN INFRASTRUCTURE. AND SINCE THEN -- IN THE

NETWORK INFRASTRUCTURE. AND SINCE THEN, THE FINANCIAL TIMES REPORTED

EARLIER THIS YEAR THAT IT'S ACTUALLY LED TO SIGNIFICANTLY LESS INVESTMENT IN

NETWORK INFRASTRUCTURE THAN BEFORE THEY REPEALED THE NET NEUTRALITY

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PRINCIPLES. SO, IT'S -- IT'S ACTUALLY -- AND AGAIN, NEW YORK, NOT ONLY IN

NEW YORK CITY, BUT THROUGHOUT UPSTATE, WE ARE AN ENTREPRENEURIAL

HUB. OUR CREATIVE ECONOMY HAS BEEN THE LIFEBLOOD OF OUR UPSTATE

ECONOMY, AND THE FACT THAT WE ARE REALLY -- THAT WE HAVE THIS SHADOW

NOW OVER THE POSSIBILITY OF -- OF THE ABILITY FOR SOME ISPS TO EITHER

THROTTLE OR DO PAID PRIORITIZATION WILL HAVE A CHILLING EFFECT FOR

ENTREPRENEURS AND OTHERS. SO -- SO WE DO THINK IT'S AN IMPORTANT

PRINCIPLE TO REAFFIRM AND TO HELP ENFORCE THROUGH -- AGAIN, THROUGH THE

POWER OF THE STATE PURSE.

MR. PALMESANO: I -- I WANT TO GET TO THE

INVESTMENT PART IN A LITTLE BIT.

MS. FAHY: SURE.

MR. PALMESANO: I DO WANT TO ASK A QUESTION

ABOUT -- REALLY, I THINK SOME CONCERNS I HAVE RELATIVE TO THE

CONSTITUTIONALITY OF THIS. BECAUSE I KNOW THE FCC ORDER IN THE 2015

DECISION REAFFIRMED THAT BROADBAND IS AN INTERSTATE AND GLOBAL SERVICE,

AND PREEMPTED STATES AND LOCALITIES FROM REGULATING THAT ARENA. SO

AREN'T YOU CONCERNED THAT THIS MIGHT BE A VIOLATION OF THE CONSTITUTION

AND THE INTERSTATE COMMERCE CLAUSE? BECAUSE I AM.

MS. FAHY: YEAH. WE -- WE HAVE CAREFULLY CRAFTED

THIS, AGAIN, A YEAR-AND-A-HALF AGO - IN FACT, QUITE CAREFULLY - TO AVOID THE

FEDERAL PREEMPTION. AND WE'RE -- WE'VE DONE IT KIND OF THROUGH A

SIDE-DOOR WAY, IF YOU WILL. IN OTHER WORDS, WE'RE -- WE'RE NOT SAYING --

WE'RE NOT MANDATING THAT ANY BUSINESS HAVE TO DO THIS, WE ARE JUST --

NOR ARE WE ADDING IN ANY TYPE OF REQUIREMENT OR -- WHAT WE'RE SAYING

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IS, YOU CAN DO -- YOU, AS A PRIVATE BUSINESS OR AS AN INTERNET SERVICE

PROVIDER, YOU CAN DO WHAT YOU'D LIKE. HOWEVER, YOU WOULD NOT THEN BE

ELIGIBLE FOR ANY STATE CONTRACT. SO IT'S -- IT'S A WAY OF TRYING TO ENFORCE

NET NEUTRALITY PRINCIPLES THROUGH THE POWER OF THE STATE PURSE. AND --

AND WE HAVE SINCE RUN THIS -- WE'VE RUN THIS BY A -- A HOST OF

CONSTITUTIONAL LAWYERS AND -- AND QUITE FRANKLY, WE SHARED OUR DRAFT

WITH A FEW OTHER STATES. AND AGAIN, THIS HAS BEEN -- VERY SIMILAR

LEGISLATION HAS BEEN ADOPTED IN ABOUT A HALF-DOZEN OTHER STATES,

INCLUDING NEW JERSEY AND CALIFORNIA, EVEN IF THEY'VE, YOU KNOW, MAY

HAVE SLIGHTLY DIFFERENT LANGUAGE. BUT -- BUT WE DO THINK WE HAVE FULLY

ADDRESSED ANY CONCERNS ABOUT FEDERAL PREEMPTION.

MR. PALMESANO: GETTING -- SHIFTING TO THE

INVESTMENT PART THAT WE WERE TALKING ABOUT A LITTLE BIT EARLIER -- OR YOU

WERE TALKING ABOUT A LITTLE BIT EARLIER. WOULDN'T YOU AGREE, WHEN YOU

WANT TO CREATE INVESTMENT, THE BEST WAY TO CREATE INVESTMENT IS IF

THERE'S SOME SORT OF CERTAINTY IN THE PRIVATE SECTOR SO THEY KNOW WHAT

THE INVESTMENT IS GETTING INTO? AND IF WE -- IF EACH STATE IS DOING

DIFFERENT THINGS ON THIS ISSUE AND CREATING -- WE'RE CREATING A

PATCHWORK OF DIFFERENT RULES AND REGULATIONS AND LAWS, ISN'T THERE A

CONCERN ON YOUR PART THAT -- WOULDN'T THIS BE BETTER TO DO AT THE FEDERAL

LEVEL? I KNOW THIS IS ALL BEING DONE BECAUSE OF WHAT HAPPENED AT THE

FEDERAL LEVEL, SO THE STATE WANTS TO KIND OF CHANGE BECAUSE THEY DIDN'T

LIKE THE ORDER WAS DONE AT THE FEDERAL LEVEL. BUT IF THE STATES ARE

MAKING THESE DIFFERENT CHANGES TO WHAT WAS DONE AT THE FEDERAL LEVEL,

THAT'S GOING TO CREATE MORE OF AN UNCERTAINTY IN THE -- IN THE FRAMEWORK,

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WHICH WILL DISCOURAGE INVESTMENT. DON'T YOU AGREE?

MS. FAHY: IT -- THAT'S A GREAT QUESTION. AND THANK

YOU FOR ASKING THAT. INITIALLY, WHEN OURSELVES AND A WHOLE HOST OF

OTHER STATES WERE RAISING THIS, IT WAS REALLY TO TRY TO SEND THE MESSAGE

THAT WE NEED TO DO THIS ACROSS THE COUNTRY. AND THAT WAS ONE OF THE

FIRST BILLS -- THE FORMER MAJORITY LEADER ACTUALLY TOLD ME IT WAS THE

VERY FIRST BILL HE COSPONSORED WHEN HE WENT TO CONGRESS EARLIER THIS

YEAR. SO WE ARE TRYING TO SEND A MESSAGE THAT WE NEED TO ABIDE BY THE

PRINCIPLES AND SENDING THESE MESSAGES -- THE FACT THAT CALIFORNIA, NEW

JERSEY AND I HOPE NEW YORK WILL DO THIS, IT IS SENDING THE MESSAGE THAT

-- TO -- TO COMPANIES THAT WE WANT TO ABIDE BY THESE PRINCIPLES AND WE

WANT THAT STABILITY. WE HAD THAT STABILITY FOR A COUPLE OF DECADES --

SORRY, FOR -- FOR A NUMBER OF YEARS. IN 2010 -- LET ME JUST -- IN 2004,

THERE WERE -- THE FCC FIRST ISSUED FOUR FREEDOMS ABOUT KEEPING THE

INTERNET OPEN. THAT WAS ON CONTENT, APPLICATION, ATTACHED DEVICES AND

TRANSPARENCY, RIGHT? IN 2010, THEY ISSUED THEIR RULING THAT THE FOUR

FREEDOMS AND LAID THE GROUNDWORK AT THAT TIME FOR NET NEUTRALITY,

WHICH IN 2015 THEY FULLY ADOPTED THAT -- WHERE THEY -- THEY

AFFIRMATIVELY STATED THAT THERE WOULD BE NO THROTTLING, NO PAID PRIOR --

PRIORITIZATION AND NO BLOCKING. IT WAS ONLY AFTER A VERY CONTROVERSIAL

RULING AT THE END OF 2017 WHEN THE FCC ABANDONED THOSE PRINCIPLES.

SO, WE ACTUALLY THINK IT WOULD RESTORE SOME STABILITY, AND THAT'S WHY

YOU'VE SINCE -- BECAUSE OF ALL THE OUTCRY FROM SO MANY STATES, THAT'S

WHY YOU'VE SEEN AT&T COME OUT AND SAY THEY WOULD STILL ABIDE BY THE

PRINCIPLES. YOU'VE SEASON CHARTER COMMUNICATIONS DO IT. AND WE

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WANT TO SEND THAT MESSAGE. SO, I THINK THE -- AGAIN, THE POWER OF THE

STATE ACTIONS HERE IS REALLY -- WOULD HELP RESTORE SOME OF THAT STABILITY

AND PREDICTABILITY WITHIN THE MARKETPLACE.

MR. PALMESANO: AND -- AND PAT, I JUST -- IN

ADDITION AT THIS POINT, BECAUSE I -- OBVIOUSLY WE KNOW THAT THE

TELECOMMUNICATION INDUSTRY IS A MAJOR ECONOMIC FORCE IN OUR STATE.

BY MY -- THE NUMBERS I HAVE, THE WIRELESS INDUSTRY CONTRIBUTES ABOUT

$29 BILLION TO OUR STATE'S GDP. WE HAVE OVER 2,400 EMPLOYEES -- OR

I'M SORRY, 2,400 COMPANIES, TELECOM BUSINESSES IN THIS STATE, AND ABOUT

WIRELESS-RELATED JOBS WE'RE TALKING ABOUT 200,000. AND THE CONCERN I

HAVE IS WHEN THE CHANGE THAT HAPPENED WHEN THEY -- WHEN IT CAME

UNDER THE PREVIOUS ADMINISTRATION AT THE FEDERAL LEVEL, WHICH -- WHICH

BASICALLY PUT NET NEUTRALITY IN PLACE, WHAT WE SAW AT -- ACROSS THE BOARD

WAS A BIG DECREASE IN THAT PRIVATE-SECTOR INVESTMENT. FROM 2014, THAT

THE -- THE -- THE DECLINE IN CAPITAL EXPENDITURES WENT FROM $32 BILLION

IN 2014 TO $26.4 BILLION IN 2016. SO THAT WAS -- THAT WAS A DECLINE IN

CAPITAL EXPENDITURES BECAUSE OF THOSE REGULATIONS THAT WERE PLACED AT

THE FEDERAL LEVEL, AND AGAIN NOW WE'RE JUST TRYING -- WE'RE -- WE'RE --

WE HAVE THAT NEW ORDER THAT TAKES THAT AWAY, BUT NOW WE'RE GOING TO

PUT THIS IN IN DIFFERENT STATES. AND MY CONCERN IS, BASED ON THE IMPACT

WE HAVE ON THE STATE MARKET THAT I JUST TALKED ABOUT WITH THE -- I TOLD

YOU, I BROUGHT UP THOSE STATISTICS, THAT'S GOING TO DEPRECIATE MORE

CAPITAL EXPENDITURE INVESTMENT IN THE STATE, WHICH WOULD, I THINK, HURT

OUR ECONOMY, CREATE JOB LOSSES, AND I JUST THINK THAT'S KIND OF SENDING A

BAD MESSAGE.

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MS. FAHY: YES, I HEAR YOU ON -- ON THAT, AND THAT

WAS ONE OF THE RATIONALES THAT WAS USED BY THE FCC CHAIRMAN TO AGAIN

ABANDON THE -- THE PRINCIPLES AND -- AND ROLL THIS BACK. HOWEVER, SINCE

THEN -- AND THERE'S BEEN A FEW ARTICLES ON THIS. I'VE -- I'VE ONLY GOT THE

-- THE FINANCIAL TIMES IN FRONT OF ME. BUT AGAIN, THIS HAPPENED NOW

JUST OVER -- JUST ABOUT A YEAR-AND-A-HALF AGO, THE END OF 2017, AND SINCE

THEN, AS BEST AS FINANCIAL TIMES AND A FEW OTHER RELATED ENTITIES HAVE

BEEN RECORDING, THAT THEY'RE SAYING THAT THEY'RE -- NOT ONLY ARE TELECOM

COMPANIES NOT INVESTING MORE IN IMPROVEMENTS AND UPGRADES, THEY'RE

ACTUALLY LESS. THEY'RE INVESTING SIGNIFICANTLY LESS THAN BEFORE THIS

REPEAL, THE NET NEUTRALITY REPEAL. SO -- SO I HEAR YOU THAT -- THAT THERE

MAY HAVE BEEN SOME DECREASE BEFORE THEN, AND THAT WAS SUPPOSED TO

BE THE REASON FOR DOING THIS, BUT IT'S ACTUALLY LED TO LESS. SO THAT'S --

THAT IS REALLY -- THAT THEORY HAS BEEN DEBUNKED, IF YOU WILL.

ACTING SPEAKER AUBRY: MR. --

MR. PALMESANO: MY TIME IS UP?

ACTING SPEAKER AUBRY: YOUR TIME HAS

ELAPSED.

MR. PALMESANO: ALL RIGHT. I'LL JUST COME BACK

AND EXPLAIN MY VOTE AFTER.

ACTING SPEAKER AUBRY: WELL, NO ONE ELSE IN

FRONT OF YOU, SO YOU CAN RESTART.

MR. PALMESANO: ALL RIGHT. I JUST WANT TO THANK

THE SPONSOR.

ON THE BILL, MR. SPEAKER.

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ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: YES, I JUST WANT TO THANK THE

SPONSOR FOR YOUR TIME AND THE QUESTIONS YOU ANSWERED.

MR. SPEAKER AND MY COLLEAGUES, I HAVE CONCERNS

RELATIVE TO THIS -- THIS LEGISLATION. I THINK WE'RE LOOKING AT PIECEMEALING

PATCHWORK OF REGULATIONS AND LAWS AROUND THIS COUNTRY THAT I THINK IS

GOING TO PROVIDE A -- A DECREASE IN INVESTMENT. I THINK BUSINESSES WANT

CERTAINTY. AND I THINK WHEN YOU SEE DIFFERENT STATES DOING DIFFERENT

THINGS ON THIS ISSUE AFTER THE FEDERAL ORDER THAT WAS PUT IN PLACE, I

THINK THAT'S GOING TO CAUSE A PROBLEM. I THINK IT'S GOING TO CREATE -- BE

MORE BURDENSOME, IT'S GOING TO BE MORE COSTLY TO OUR BUSINESS

COMMUNITY. IT'S GOING TO BE MORE COST, WHICH IS GOING TO LEAD TO

INCREASED COSTS FOR OUR CUSTOMERS. IT'S GOING TO LEAD TO LITIGATION. I

THINK IT'S GOING TO CERTAINLY CREATE A LOT OF UNCERTAINTY, STIFLE

INNOVATION, STIFLE PRIVATE-SECTOR INVESTMENT AT A TIME WHEN WE NEED IT

MOST. I THINK IT'S GOING TO PUT US MORE IN A COMPETITIVE DISADVANTAGE

WITH OTHER -- OTHER STATES THAT ARE OPEN UP FOR INVESTMENT. AND AS WE

TALKED ABOUT, RIGHT NOW WE HAVE 24 COMPANIES THAT ARE PROVIDING

TELECOM BROADBAND SERVICES IN THIS STATE. WE HAVE OVER 200,000

WIRELESS-RELATED JOBS IN OUR STATE, AND THE WIRELESS INDUSTRY CONTRIBUTES

$29 BILLION TO OUR GDP. AND WE TALKED ABOUT THE DECREASE THAT WE

SAW FROM 2014 TO 2016, A DECREASE FROM $32 BILLION TO $26 BILLION IN

CAPITAL EXPENDITURES. THAT'S NOT A GOOD SIGN. THAT DOESN'T PROVIDE

CERTAINTY. THAT DOESN'T LEAD TO INCREASED INVESTMENT. THAT'S GOING TO

BE PEOPLE TAKING A PAUSE TO INVEST. AND I THINK WITH LEGISLATION LIKE

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THIS IN OUR STATE AND OTHER STATES, IT'S JUST GOING TO CREATE MORE

UNCERTAINTY. I THINK THIS IS JUST CREATING -- IN MY OPINION, CREATING A

PROBLEM WHERE NONE EXISTS. WE HAD THE FEDERAL TRADE COMMISSION,

THE FCC, THAT HAS JURISDICTION OVER THIS ISSUE. THE ATTORNEY GENERAL

HAS THE POWER TO INVESTIGATE WHERE THERE ARE PROVIDERS THAT ARE NOT

BEING FAIR AND DECEPTIVE IN THEIR PRACTICES. JUST LIKE ANY OTHER PROVIDER

OR BUSINESS ENTITY IN THE STATE, THE ATTORNEY GENERAL HAS THAT RIGHT RIGHT

NOW. BUT I JUST DON'T SEE THE -- THE NEED WITH THIS LEGISLATION TO CREATE

MORE PATCHWORK OF -- OF LANGUAGE THAT BASICALLY IMPACTS EVERYONE, NOT

JUST STATE CONTRACTS THROUGH THE LANGUAGE WHERE IT DID TALK ABOUT RETAIL

MASS MARKET, WHICH IS EVERYBODY. WE'RE JUST TALKING ABOUT PROVIDING

THE INDIVIDUALS WHICH IS EVERYONE, NOT JUST STATE CONTRACTS. THAT'S A

CONCERN I HAVE. AND AGAIN, AT THE END OF THE DAY, I'M JUST WORRIED

ABOUT THIS BEING A DRAIN AND HURTING OUR BUSINESS INVESTMENT. THE

DRAIN ON THE ECONOMY IS CERTAINLY HURTING A VERY IMPORTANT INDUSTRY IN

OUR STATE, THE TELECOM INDUSTRY THAT CONTRIBUTES A LOT. I -- I KNOW THAT

THE SPONSOR HAS WELL -- IS WELL-INTENTIONED WITH IT, I JUST THINK IT'S GOING

IN THE WRONG DIRECTION AND IT'S NOT THE RIGHT WAY TO GO, GIVEN WHAT OUR

STATE FACES FROM A BUSINESS CLIMATE PERSPECTIVE.

AND FOR THAT REASON, MR. SPEAKER AND MY COLLEAGUES,

I'LL BE VOTING IN THE NEGATIVE AND ENCOURAGE MY COLLEAGUES TO DO THE

SAME. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

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ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. FAHY TO EXPLAIN HER VOTE.

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

FURTHER EXPLAIN MY VOTE AS WELL AS THIS BILL. AGAIN, IN 20 -- AT THE END

OF 2017, DECEMBER 2017, THE FCC, THE FEDERAL COMMUNICATIONS

COMMISSION, SURPRISINGLY REPEALED THE NET NEUTRALITY RULES THAT HAD

BEEN AIMED AT PREVENTING INTERNET SERVICE PROVIDERS - OR ISPS - FROM

THROTTLING SPEEDS OF CONNECTIONS OR DOING ANY TYPE OF PAID

PRIORITIZATION WHICH WOULD HINDER FREE AND OPEN ACCESS TO THE INTERNET,

WHICH HAS FUELED THE ECONOMY TO A LARGE DEGREE IN THE LAST 10 TO 15

YEARS. THIS BILL, MY BILL, WOULD DENY STATE CONTRACT TO THOSE ISPS OR

INTERNET SERVICE PROVIDERS THAT PUBLICLY DISCLOSE, AS REQUIRED, IF THEY

PUBLICLY DISCLOSE TO THE FCC THAT THEY ARE ENGAGING IN PRACTICES THAT

WOULD HINDER ACCESS TO THE INTERNET, SUCH AS THROTTLING OR PAID

PRIORITIZATION. AGAIN, THE HEART OF THE BILL IS KEEPING THE INTERNET FREE

AND OPEN USING THE POWER OF THE STATE PURSE IN ORDER TO DO THAT. AND I

THOUGHT IT WAS PARTICULARLY IMPORTANT BECAUSE WE ARE A STATE THAT IS THE

HUB OF ENTREPRENEURSHIP, ESPECIALLY SMALL BUSINESSES AND STARTUPS. AS

A PART OF THE CREATIVE ECONOMY, THEY NEED A PREDICTABLE AND RELIABLE

INTERNET AND THEY NEED IT AS ACCESSIBLE AS POSSIBLE. AS DO OUR LOCAL

LIBRARIES, AS DO OUR SCHOOL DISTRICTS WHO RELY ON IT FOR LEARNING. THIS --

THIS RULING HAS NOT PAID OUT TO THE DEGREE THAT THE FCC CHAIRMAN HAD

HOPED, AND -- BECAUSE THEY HAD HOPED THAT IT WOULD LEAD TO MORE

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INVESTMENT IN THE NETWORK, THE INTERNET NETWORK INFRASTRUCTURE. AND IT

HAS ACTUALLY LED TO SIGNIFICANTLY LESS. AGAIN, SINCE THIS BILL WAS

INTRODUCED, A FEW OTHER STATES HAVE PASSED SIMILAR LAWS, INCLUDING

CALIFORNIA AND NEW JERSEY. AND AGAIN, THIS BILL IS ABOUT MAINTAINING

THE FOUR FREEDOMS OF THE INTERNET, AND WITH THAT I RISE IN SUPPORT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE BOTH, MRS.

PEOPLES-STOKES.

ON A MOTION BY MS. SIMOTAS, PAGE 13, CALENDAR NO.

176, BILL NO. A01047-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. BLAKE, PAGE 19, CALENDAR NO.

246, BILL NO. 5175-A, THE BILL IS RETURNED TO ITS ORIGINAL PRINT.

WE HAVE NUMEROUS FINE RESOLUTIONS, WE'LL TAKE UP

WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 490-492

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WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COULD YOU PLEASE CALL ON

MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF AN ANNOUNCEMENT WITH NO REGRETS.

MR. OTIS: WE WILL HAVE A MEETING OF THE

DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM

IMMEDIATELY FOLLOWING THE CONCLUSION OF TODAY'S SESSION.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IMMEDIATELY AFTER SESSION.

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 11:00 A.M., WEDNESDAY,

JUNE THE 5TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:18 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY JUNE 5TH AT 11:00 A.M., THAT BEING A

SESSION DAY.)

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