TUESDAY, JULY 21, 2020 10:52 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MONDAY, JANUARY [SIC] 20TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
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NYS ASSEMBLY JULY 21, 2020
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY,
JULY 20TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: I'M SORRY, MS.
MAJORITY LEADER. I WANT TO START ALL OVER AGAIN.
(LAUGHTER)
CERTAINLY. ON MRS. PEOPLES-STOKES' MOTION, WITHOUT
OBJECTION, SO ORDERED.
MRS. PEOPLES-STOKES: THANK YOU, SIR. IF I
COULD OFFER AN -- A QUOTE THIS MORNING. I DO WANT TO START BY JUST SAYING
THAT WE WERE SCHEDULED TO START AT 10. WE ARE A LITTLE DELAYED. I THINK
THAT PARTICULARLY GIVEN THE FACT THAT MANY OF US ARE PARTICIPATING
REMOTELY AS WE ARE STILL IN THE MIDDLE OF A PANDEMIC, I WOULD JUST ASK
IF MEMBERS COULD AT LEAST GET ONLINE A LITTLE FASTER, COME TO THE
CHAMBERS A LITTLE FASTER IF YOU ARE GOING TO PARTICIPATE. THE EARLIER WE
START, THE MORE WORK WE CAN GET DONE. THERE ARE A NUMBER OF RULES
BILLS THAT CAME OUT TODAY, THERE ARE A NUMBER THAT CAME OUT YESTERDAY.
EVERYBODY WANTS TO SEE THEIR BILLS DONE. I WANT TO SEE EVERYBODY'S
BILLS DONE. BUT IF WE DON'T GET THE NUMBERS IN THE BASE, WE CAN'T DO IT.
SO WITH THAT, I WANT TO BRING THIS QUOTE TODAY. THIS
ONE IS FROM A FORMER PRESIDENT, MR. SPEAKER. IT SAYS, USE POWER TO
HELP PEOPLE. FOR WE ARE GIVEN POWER NOT TO ADVANCE OUR OWN
PURPOSES, NOR TO MAKE A GREAT SHOW IN THE WORLD, NOR A NAME FOR
OURSELVES. THERE IS BUT ONE JUST USE OF POWER, AND THAT IS TO SERVE THE
PEOPLE. MR. SPEAKER, THIS QUOTE COMES FROM OUR FORMER PRESIDENT
GEORGE W. BUSH. WE WANT TO THANK HIM FOR HIS WORDS BECAUSE THEY
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NYS ASSEMBLY JULY 21, 2020
WERE APPROPRIATE WHEN HE SAID THEM, AND THEY ARE APPROPRIATE TODAY.
WITH THAT I CERTAINLY WANT TO WELCOME OUR COLLEAGUES HERE AND ANYONE
WHO HAS JOINED US IN THE CHAMBERS. WE ASK THE PEOPLE WHO ARE GOING
TO BE IN HERE, IF YOU'RE NOT GOING TO BE SIX FEET APART THAT YOU DO NEED
TO BE MASKED. SO YOU ARE WELCOME TO BE HERE, BUT APPROPRIATELY SO.
MEMBERS HAVE ON THEIR DESKS OR AT THEIR AVAIL A MAIN
CALENDAR AND AN A-CALENDAR, AS WELL AS AN UPDATED DEBATE LIST. AT THIS
TIME, MR. SPEAKER, I WOULD LIKE TO ADVANCE THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. COLLEAGUES,
I APPRECIATE YOUR COOPERATION ON YESTERDAY. I WANT TO THANK YOU FOR
YOUR COOPERATION ON TODAY, AND I WANT TO ASK THAT -- LET YOU KNOW THAT
WE DO HAVE ANOTHER VERY BUSY DAY. TODAY WE'RE GOING TO CONTINUE OUR
WORK WHERE WE LEFT OFF ON THE CONSENT CALENDAR ON YESTERDAY,
BEGINNING ON PAGE 8 OF THE MAIN CALENDAR WITH RULES REPORT NO. 190
THROUGH RULES REPORT NO. 219, WHICH IS ON PAGE 13. WE WILL CONTINUE
TO WORK OFF THE DEBATE LIST, AND LATER ON WE WILL CONSENT FROM THE
A-CALENDAR THAT WAS JUST MOVED FORWARD. I WOULD ALSO LIKE TO REMIND
MEMBERS THAT WE WILL BE OPERATING UNDER THE SAME RULES AND
PROCEDURES AS WE DID YESTERDAY. AND JUST AS A REMINDER, THOSE
PARTICIPATING BY ZOOM SHOULD UTILIZE THE ZOOM "RAISE HAND" FUNCTION
WHEN SEEKING TO BE RECOGNIZED FOR DEBATE PURPOSES OR TO EXPLAIN YOUR
VOTE. AS IN OUR PREVIOUS REMOTE SESSIONS, WHEN WE ARE ON A FAST ROLL
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NYS ASSEMBLY JULY 21, 2020
CALL OR A PARTY VOTE, MEMBERS WISHING TO BE AN EXCEPTION SHOULD
CONTACT THEIR RESPECTIVE MINORITY LEADER'S OFFICE OR MAJORITY LEADER'S
OFFICES.
WITH THAT, MR. SPEAKER, I BELIEVE WE ARE READY TO
PROCEED WITH CONSIDERING THE IMPORTANT BUSINESS BEFORE US, AND WE
WILL -- SHOULD START WITH THE RESOLUTIONS THAT ARE ON PAGE 3. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: PAGE 3, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 959,
RULES/MR. THIELE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 13, 2020, AS DRAGONFLY 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. 960, RULES
AT THE REQUEST OF MS. HYNDMAN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 15-19, 2020, AS SICKLE CELL
DISEASE AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
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NYS ASSEMBLY JULY 21, 2020
THE CLERK: ASSEMBLY RESOLUTION NO. 961, RULES
AT THE REQUEST OF MR. PERRY.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2020, AS CARIBBEAN AMERICAN
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. 962, RULES
AT THE REQUEST OF MS. RICHARDSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2020, AS AFRICAN-AMERICAN
MUSIC APPRECIATION 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. 963, RULES
AT THE REQUEST OF MS. MELISSA MILLER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 2020, AS COCKAYNE SYNDROME
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR --
MS. MILLER ON THE RESOLUTION.
(PAUSE)
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NYS ASSEMBLY JULY 21, 2020
MS. MILLER: AS WITH ANY OTHER RARE DISEASE, YOU --
THEY DO NOT GET ENOUGH RESEARCH. SO I AM GRATEFUL TO HAVE AN
AWARENESS MONTH IN THE STATE OF NEW YORK. THERE ARE SEVERAL
CHILDREN FROM AROUND THE STATE WHO CURRENTLY SUFFER FROM THIS DISEASE,
SO I THANK YOU FOR YOUR AWARENESS AND RECOGNITION.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
WE WILL GO TO PAGE 8, RULES REPORT NO. 190. THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09543-A, RULES
REPORT NO. 190, EPSTEIN, SAYEGH, CRUZ, MOSLEY, LAVINE, TAYLOR,
DENDEKKER, SIMON, GOTTFRIED, L. ROSENTHAL, JAFFEE, REYES, COOK,
BARRON, QUART, SEAWRIGHT, WEPRIN. AN ACT TO AMEND THE CORRECTION
LAW, IN RELATION TO INCLUDING CREDITS EARNED FROM A HIGHER EDUCATION
INSTITUTION AS A CONDITION ON WHICH THE MERIT BOARD MAY GRANT MERIT
TIME.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 190. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JULY 21, 2020
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. THIS BILL AMENDS THE CORRECTION LAW AND ALLOWS FOR
PEOPLE WHO NEED ADVANCED EDUCATION GOT A CREDIT TIME WHILE THEY'RE
INCARCERATED TO ALLOW INSTITUTIONS OF HIGHER EDUCATION TO ALLOW 18
CREDITS TO GO TO THEIR CREDIT TIME. THE PURPOSE OF THIS BILL IS TO SAY TO
PEOPLE WHO ARE INCARCERATED, IF YOU GO FORWARD WITH SOME HIGHER
EDUCATION, THAT WILL BE CONSIDERED MERIT TIME. TODAY WE SEE PEOPLE
WHO ARE IN EDUCATIONAL PROGRAMS DECIDING TO DROP OUT BECAUSE THEY
NEED TO GO TO, LIKE, A BEAUTICIAN PROGRAM BECAUSE THAT WOULD BE
ELIGIBLE FOR THEIR MERIT TIME SO THEY CAN GET EARLIER RELEASE. THIS
PROMOTES EDUCATION.
I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN FAVOR OF THIS
BILL. AND THANK YOU, I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09694, RULES REPORT
NO. 191, ARROYO, REYES, CRUZ, MOSLEY, ZEBROWSKI, SEAWRIGHT, TAYLOR,
SAYEGH, M.G. MILLER, JAFFEE, WALCZYK, DARLING, GOTTFRIED, DICKENS,
STECK. AN ACT TO REPEAL SECTION 206-B OF THE LABOR LAW, RELATING TO
EMPLOYMENT OF FEMALES AFTER CHILDBIRTH PROHIBITED.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
ARROYO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JULY 21, 2020
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 191. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09749, RULES REPORT
NO. 192, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING
AND BREEDING LAW, THE GENERAL MUNICIPAL LAW, THE ALCOHOLIC
BEVERAGE CONTROL LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK, IN RELATION TO IMPLEMENTING TECHNICAL CHANGES
CONTEMPLATED BY SECTION 10 OF PART A OF CHAPTER 60 OF THE LAWS OF
2012 AND MAKING FURTHER TECHNICAL CHANGES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, 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 ON RULES REPORT NO. 192. THIS IS A FAST ROLL CALL. ANY
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NYS ASSEMBLY JULY 21, 2020
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09874, RULES REPORT
NO. 193, ROZIC, ABINANTI, BARRETT, BLAKE, BRONSON, BUCHWALD,
DENDEKKER, FAHY, GOTTFRIED, HUNTER, JOYNER, LIFTON, LUPARDO,
MAGNARELLI, M.G. MILLER, MOSLEY, OTIS, RYAN, SANTABARBARA,
SEAWRIGHT, SCHIMMINGER, SIMON, STECK, STIRPE, ZEBROWSKI,
DE LA ROSA, D'URSO, CAHILL, ORTIZ, WALLACE, DICKENS, VANEL, PHEFFER
AMATO, WRIGHT, BARNWELL, PICHARDO, CUSICK, GALEF, LAVINE,
JEAN-PIERRE, QUART, RICHARDSON, NIOU, KIM, BICHOTTE, O'DONNELL,
DAVILA, COLTON, WOERNER, LENTOL, L. ROSENTHAL, D. ROSENTHAL,
WILLIAMS, CARROLL, DINOWITZ, SIMOTAS, PAULIN, PERRY, RODRIGUEZ,
JAFFEE, JONES, WEPRIN, ARROYO, EPSTEIN, BARRON, CYMBROWITZ,
PEOPLES-STOKES, SOLAGES, MCMAHON, BYRNE, FRIEND, REYES, CRUZ,
MCDONOUGH, MONTESANO, PALMESANO, RA, WALSH, LAWRENCE, M.L.
MILLER, BRABENEC, EICHENSTEIN, JACOBSON, GRIFFIN. AN ACT TO AMEND THE
TRANSPORTATION LAW, IN RELATION TO A STATE TRANSPORTATION PLAN.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 193. THIS IS A FAST ROLL CALL. ANY
9
NYS ASSEMBLY JULY 21, 2020
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09891, RULES REPORT
NO. 194, MAGNARELLI. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO APPLICATIONS FOR LICENSES; AND TO REPEAL CERTAIN PROVISIONS OF
SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 194. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09913, RULES REPORT
NO. 195, GUNTHER. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION
TO THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
10
NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 195. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09968, RULES REPORT
NO. 196, JEAN-PIERRE. AN ACT TO AMEND CHAPTER 122 OF THE LAWS OF
2015 RELATING TO TAX ASSESSMENTS FOR CERTAIN IMPROVED PROPERTIES
AFFECTED BY SUPERSTORM SANDY, IN RELATION TO EXTENDING THE DEADLINE
FOR TAX EXEMPTION APPLICATIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10021-A, RULES
REPORT NO. 197, ENGLEBRIGHT, CARROLL, SIMON, JAFFEE, WILLIAMS, BLAKE,
SEAWRIGHT, L. ROSENTHAL, HYNDMAN. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO CONTINUING EDUCATION FOR PROFESSIONAL ENGINEERS,
LAND SURVEYORS AND PROFESSIONAL GEOLOGISTS; AND TO REPEAL SECTION 7212
OF THE EDUCATION LAW RELATING TO MANDATORY CONTINUING EDUCATION FOR
LAND SURVEYORS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2022.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
11
NYS ASSEMBLY JULY 21, 2020
THE VOTE ON RULES REPORT NO. 197. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10097, RULES REPORT
NO. 198, DARLING. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF
HEMPSTEAD TO GRANT SOUTHERN TIER ENVIRONMENTS FOR LIVING, INC. A
PROPERTY TAX EXEMPTION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
DARLING, 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 ON RULES REPORT NO. 198. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10119, RULES REPORT
12
NYS ASSEMBLY JULY 21, 2020
NO. 199, STIRPE. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
DIRECTING EMPIRE STATE DEVELOPMENT TO PUBLISH AND MAINTAIN A LIST OF
AVAILABLE PROGRAMS TO ASSIST SMALL BUSINESSES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STIRPE, 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 ON RULES REPORT NO. 199. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10156, RULES REPORT
NO. 200, STIRPE. AN ACT TO AMEND THE NEW YORK STATE URBAN
DEVELOPMENT CORPORATION ACT AND THE ECONOMIC DEVELOPMENT LAW,
IN RELATION TO THE CREATION OF MICRO-BUSINESS WORKER COOPERATIVES UPON
TRANSFER OF OWNERSHIP.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
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NYS ASSEMBLY JULY 21, 2020
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 200. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10193, RULES REPORT
NO. 201, ABINANTI, BUCHWALD, D'URSO, BUTTENSCHON, WALLACE, FALL.
AN ACT IN RELATION TO PROVIDING THAT CERTAIN SCHOOLS SHALL EXPERIENCE NO
FINANCIAL HARM FOR REDUCED ENROLLMENT OR INABILITY TO OPERATE FOR THE
FULL 180 SESSION DAYS DUE TO THE OUTBREAK OF CORONAVIRUS DISEASE 2019
(COVID-19).
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 201. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JULY 21, 2020
THE CLERK: ASSEMBLY NO. A10222-B, RULES
REPORT NO. 202, BRONSON, KOLB. AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO LICENSING RESTRICTIONS FOR
MANUFACTURERS AND WHOLESALERS OF ALCOHOLIC BEVERAGES ON LICENSEES
WHO SELL AT RETAIL FOR ON-PREMISES CONSUMPTION; AND TO REPEAL CERTAIN
PROVISIONS OF SUCH LAW RELATING THERETO; AND PROVIDING FOR THE REPEAL OF
CERTAIN PROVISIONS UPON THE 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 ON RULES REPORT NO. 202. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF WE COULD PLEASE LIST OUR COLLEAGUE MR. BARRON AS A
NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10307, RULES REPORT
NO. 203, CRUZ. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE
REIMBURSEMENT OF EMPLOYMENT-RELATED TRANSPORTATION EXPENSES
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NYS ASSEMBLY JULY 21, 2020
NECESSARY AS THE RESULT OF A CRIME.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 203. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
MONTESANO AS A NO VOTE ON THIS PIECE OF LEGISLATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10349, RULES REPORT
NO. 204, FRONTUS, BARRON, LENTOL, ORTIZ, MOSLEY, REYES, SEAWRIGHT,
GOTTFRIED, PICHARDO, GRIFFIN, DARLING, D'URSO. AN ACT TO AMEND THE
LABOR LAW, IN RELATION TO REQUIRING EMPLOYERS TO WARN EMPLOYEES OF
POTENTIAL HAZARDOUS ENVIRONMENTAL AND HEALTH CONDITIONS IN THE
WORKPLACE.
16
NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 2004 [SIC]. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10353-A, RULES
REPORT NO. 205, AUBRY. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
REQUIRING EMPLOYERS TO NOTIFY EMPLOYEES IF THEY COME INTO CONTACT
WITH OTHER EMPLOYEES WHO HAVE BEEN DIAGNOSED IN RELATION TO A
DISEASE OUTBREAK CAUSING A PUBLIC HEALTH EMERGENCY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 205. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JULY 21, 2020
THE CLERK: ASSEMBLY NO. A10464-A, RULES
REPORT NO. 206, COMMITTEE ON RULES (GUNTHER, LUPARDO, PAULIN,
BUTTENSCHON, MOSLEY, SIMON, THIELE, ENGLEBRIGHT, BARRETT, JAFFEE,
DIPIETRO, DESTEFANO, FINCH, CROUCH, MONTESANO, B. MILLER, WOERNER,
GOODELL, COLTON, TAGUE). AN ACT TO AMEND THE AGRICULTURE AND
MARKETS LAW, IN RELATION TO LAND USED IN AGRICULTURAL PRODUCTION; 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 ON RULES REPORT NO. 206. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10467, RULES REPORT
NO. 207, COMMITTEE ON RULES (FERNANDEZ). AN ACT TO AMEND THE
CRIMINAL PROCEDURE LAW, IN RELATION TO PREVENTING TEMPORARY
QUESTIONING OF A PERSON SOLELY BECAUSE SUCH PERSON IS WEARING A MASK
DURING A STATE OF EMERGENCY FOR AN EPIDEMIC OR PANDEMIC.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10500-C, RULES
REPORT NO. 208, COMMITTEE ON RULES (GOTTFRIED, PAULIN, DINOWITZ,
18
NYS ASSEMBLY JULY 21, 2020
JAFFEE, MCDONALD, GALEF, SIMON, SOLAGES, BRONSON, HUNTER, NIOU,
ZEBROWSKI, QUART, CRUZ, ASHBY, LENTOL, WEPRIN, EPSTEIN, MOSLEY,
ABINANTI, PERRY, PICHARDO, BLAKE, ENGLEBRIGHT, SEAWRIGHT, ORTIZ,
REYES, L. ROSENTHAL, FERNANDEZ, SIMOTAS, CAHILL, JACOBSON, FRONTUS,
MCMAHON, SMITH, THIELE, COLTON, STERN, RODRIGUEZ, DICKENS, TAYLOR,
OTIS, LUPARDO, FAHY, STECK, LAVINE, CYMBROWITZ, WRIGHT, RAMOS,
WALKER). AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE
CONFIDENTIALITY OF CONTACT TRACING INFORMATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 208. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOTTFRIED TO EXPLAIN HIS VOTE.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. THERE
ARE THREE POINTS IN THE BILL WHERE I NEED TO MAKE CLEAR THE LEGISLATIVE
INTENT. FIRST, SECTION 2181, SUBDIVISION 2, PARAGRAPH (A) PROVIDES THAT
A WAIVER OF CONFIDENTIALITY MAY BE MADE BY A PERSON AUTHORIZED TO
CONSENT TO HEALTHCARE FOR A PERSON OR A LEGAL REPRESENTATIVE. PARAGRAPH
(B) SAYS THAT A WAIVER FOR PROVIDING OF SUPPORT ONLY APPLIES IF THE
INDIVIDUAL CONSENTS TO THE PROVIDING OF THE SUPPORT. WHILE THE
SENTENCE DOES NOT, ON ITS FACE, REFER TO CONSENT BY ANOTHER PERSON
WHERE THE INDIVIDUAL LACKS CAPACITY, IT IS CLEAR THAT THIS IS INTENDED.
19
NYS ASSEMBLY JULY 21, 2020
OTHERWISE IT WOULD CREATE AN IRRATIONAL AND UNINTENDED RESULT, MAKING
IT EFFECTIVELY IMPOSSIBLE TO PROVIDE CONSENT TO ENABLE SUPPORT SERVICES
FOR A PERSON WHO LACKS CAPACITY TO CONSENT.
SECOND, SECTION 2181, SUBDIVISION 6 BEGINS SAYING,
QUOTE, "NO CONTACT TRACER OR CONTACT TRACING ENTITY MAY PROVIDE CONTACT
TRACING INFORMATION TO A LAW ENFORCEMENT AGENT OR ENTITY OR
IMMIGRATION AUTHORITY," UNQUOTE. IT ENDS WITH A STATEMENT, QUOTE,
"HOWEVER, THIS SUBDIVISION DOES NOT RESTRICT PROVIDING INFORMATION
RELATING TO A SPECIFIED PRINCIPAL INDIVIDUAL OR CONTACT INDIVIDUAL, WHERE
AND ONLY TO THE EXTENT NECESSARY FOR A PERMITTED PURPOSE", UNQUOTE.
THIS CREATES AN EXCEPTION TO AND MODIFIES THE OPENING STATEMENT,
SPECIFICALLY FOR INFORMATION ABOUT A SPECIFIED INDIVIDUAL AND CONFINED
TO WHAT IS NECESSARY FOR THE "PERMITTED PURPOSE." THIS IS PLAIN
LANGUAGE.
THREE, SECTION 2181, SUBDIVISION 7, PARAGRAPH (B)
DEALS WITH CONTACT TRACING INFORMATION THAT IS "POSSESSED OR CONTROLLED"
BY A NON-GOVERNMENTAL INDIVIDUAL OR ENTITY. WITHIN 30 DAYS AFTER THAT
INDIVIDUAL OR ENTITY GETS THE INFORMATION, IT MUST RETURN IT TO A
GOVERNMENTAL CONTACT TRACING ENTITY, EXPUNGE IT OR DE-IDENTIFY IT.
NEW YORK CITY USES A PRIVATE COMPANY TO HOUSE ITS
CONTACT TRACING INFORMATION. THE CITY SAYS THE INFORMATION IS FULLY
ENCRYPTED, IS ONLY ACCESSIBLE BY THE GOVERNMENTAL CONTACT TRACING
ENTITY, AND THAT THE COMPANY HAS NO ACCESS TO OR CONTROL OF THE
INFORMATION. THE COMPANY IS NOT ABLE TO DELIVER IT TO ANYONE. ONLY
THE GOVERNMENTAL CONTACT TRACING ENTITY CAN DO THAT. THIS IS LIKE
20
NYS ASSEMBLY JULY 21, 2020
PROPERTY BEING IN A SEALED CONTAINER IN A BANK SAFETY DEPOSIT BOX OR A
LOCKED MINI-STORAGE SPACE, WHERE ONLY THE CITY HAS THE KEY.
WHERE THIS IS IN FACT THE CASE, IT IS CLEAR, AND IS THE
LEGISLATIVE INTENT, THAT THIS CONTACT TRACING INFORMATION WOULD NOT BE
CONSIDERED TO BE "POSSESSED OR CONTROLLED" BY THE NON-GOVERNMENTAL
INDIVIDUAL OR ENTITY, FOR PURPOSES OF PARAGRAPH (B). IT WOULD BE
"POSSESSED OR CONTROLLED" BY THE GOVERNMENTAL ENTITY.
IT IS IMPORTANT TO NOTE THAT THE BILL REQUIRES THE STATE
AND CITY HEALTH DEPARTMENTS TO ADOPT VERY STRINGENT REGULATIONS TO
SECURE ALL CONTACT TRACING INFORMATION.
THANK YOU VERY MUCH, AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10513, RULES REPORT
NO. 209, COMMITTEE ON RULES (HEVESI, JAFFEE). AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO REPORTING DATA ON CHILD WELFARE
PREVENTIVE SERVICES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10563-A, RULES
REPORT NO. 210, COMMITTEE ON RULES (BUTTENSCHON, BRAUNSTEIN,
CUSICK, GRIFFIN). AN ACT TO CREDIT DAYS TO RETAIL ON-PREMISES LICENSEES
THAT WERE UNABLE TO OPERATE AS A RESULT OF THE COVID-19 PANDEMIC;
21
NYS ASSEMBLY JULY 21, 2020
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 ON RULES REPORT NO. 210. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. BUTTENSCHON TO EXPLAIN HER VOTE.
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.
NEW YORK STATE IS AMONG THE HARDEST HIT FOR THE COVID-19 PANDEMIC,
BOTH IN THE NUMBER OF INFECTIONS AND DEATHS AS WELL AS ECONOMIC
IMPACTS. SMALL BUSINESSES INCLUDING OUR RESTAURANTS AND BARS ARE
STRUGGLING OR STILL ATTEMPTING TO REOPEN. WE MUST DO EVERYTHING IN OUR
POWER TO PROTECT AND SUPPORT NEW YORK'S SMALL BUSINESSES. ENACTING
THIS LEGISLATION WOULD PROVIDE THE STATE LIQUOR AUTHORITY WITH THE
NECESSARY STATUTORY AUTHORITY TO PROVIDE A CREDIT ON LIQUOR LICENSE
RENEWALS FOR BARS AND RESTAURANTS THAT IN THE DIRECT PROPORTIONS TO THE
AMOUNT OF TIME IN WHICH THEY WOULD SHUT DOWN DUE TO THE COVID-19
PANDEMIC.
ACCORDING TO AN APRIL 2020 SURVEY BY THE NATIONAL
RESTAURANT ASSOCIATION AND THE NEW YORK STATE RESTAURANT
ASSOCIATION, SALES WERE IN THE LOSSES OF BILLIONS. IN ADDITION, WELL OVER
500,000 RESTAURANT EMPLOYEES HAVE BEEN LAID OFF OR FURLOUGHED, WHICH
22
NYS ASSEMBLY JULY 21, 2020
EQUATES TO ABOUT 80 PERCENT OF ALL EMPLOYEES IN THIS INDUSTRY. THIS
LOSS OF BUSINESS NECESSITATES THAT NEW YORK STATE AND THE STATE LIQUOR
AUTHORITY SHOULD PROVIDE A CREDIT TO THESE SMALL BUSINESS OWNERS WHO
HAVE BEEN GREATLY IMPACTED ON THEIR NEXT LIQUOR LICENSES. THIS
LEGISLATION WILL ALLOW ANY ON-PREMISE LICENSEE AND ANY MANUFACTURING
LICENSEE WITH THE PREMISES RETAIL PRIVILEGES THAT (UNINTELLIGIBLE) IN
PURSUIT OF THE ALCOHOL [SIC] BEVERAGE CONTROL LAW TO RECEIVE A CREDIT
ON THE NEXT RENEWAL OF THEIR LICENSE ON A PRORATED BASIS FOR THE INACTIVE
DAYS THAT THE COVID-19 CRISIS AFFECTED THEM, UP TO 90 DAYS.
I URGE MY COLLEAGUES TO SUPPORT THIS LEGISLATION.
THANK YOU. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10607-A, RULES
REPORT NO. 211, COMMITTEE ON RULES (LUPARDO, BARRETT, ROZIC,
GRIFFIN, BUTTENSCHON, STERN, MCDONALD, CAHILL, WOERNER, MAGNARELLI,
DICKENS, THIELE, SEAWRIGHT, GALEF, REYES, STIRPE, L. ROSENTHAL, FAHY,
SIMON, GOTTFRIED, LIFTON, CROUCH, MCDONOUGH, TAGUE, PALMESANO,
RODRIGUEZ, MANKTELOW). AN ACT TO AMEND THE AGRICULTURE AND
MARKETS LAW, IN RELATION TO ESTABLISHING A NEW YORK FOOD SUPPLY
WORKING GROUP.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
23
NYS ASSEMBLY JULY 21, 2020
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 211. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10628, RULES REPORT
NO. 212, COMMITTEE ON RULES (HYNDMAN, SIMOTAS, PERRY, LUPARDO,
SCHMITT, BUCHWALD, RODRIGUEZ, REYES). AN ACT TO AMEND THE GENERAL
CONSTRUCTION LAW, IN RELATION TO DESIGNATING JUNE 19TH AS A PUBLIC
HOLIDAY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10629-A, RULES
REPORT NO. 213, COMMITTEE ON RULES (GUNTHER, WALLACE). AN ACT TO
AMEND THE MENTAL HYGIENE LAW, IN RELATION TO ESTABLISHING THE
FRONTLINE WORKERS TRAUMA INFORMED CARE ADVISORY COUNCIL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 213. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
24
NYS ASSEMBLY JULY 21, 2020
(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. A10653-A, RULES
REPORT NO. 214, COMMITTEE ON RULES (JAFFEE). AN ACT TO AMEND THE
HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE
HIGHWAY SYSTEM AS THE "SANDRA L. WILSON MEMORIAL HIGHWAY."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 214. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10707, RULES REPORT
NO. 215, COMMITTEE ON RULES (PEOPLES-STOKES). AN ACT TO AMEND THE
ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO A LICENSE TO SELL LIQUOR
AT RETAIL FOR CONSUMPTION ON CERTAIN PREMISES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
25
NYS ASSEMBLY JULY 21, 2020
THE VOTE ON RULES REPORT NO. 215. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I ACTUALLY WOULD LIKE TO ASK YOU TO RECORD OUR COLLEAGUE
MEMBER BARRON IN THE NEGATIVE ON THIS PIECE OF LEGISLATION.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10769, RULES REPORT
NO. 216, COMMITTEE ON RULES (STIRPE). AN ACT TO AMEND THE STATE
ADMINISTRATIVE PROCEDURE ACT AND THE ECONOMIC DEVELOPMENT LAW,
IN RELATION TO REQUIRING THE DIVISION FOR SMALL BUSINESS TO PUBLISH A
SMALL BUSINESS COMPLIANCE GUIDE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STIRPE, 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 ON RULES REPORT NO. 216. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
26
NYS ASSEMBLY JULY 21, 2020
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10786-A, RULES
REPORT NO. 217, COMMITTEE ON RULES (STERN). AN ACT IN RELATION TO
ESTABLISHING A CAUMSETT STATE PARK FIRE READINESS STUDY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 217. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10798, RULES REPORT
NO. 218, COMMITTEE ON RULES (BARNWELL). AN ACT TO AMEND THE
GENERAL BUSINESS LAW, IN RELATION TO REQUIRING CONTRACTORS AND
SUBCONTRACTORS TO DISCLOSE THE EXISTENCE OF PROPERTY AND CASUALTY
INSURANCE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10807, RULES REPORT
27
NYS ASSEMBLY JULY 21, 2020
NO. 219, COMMITTEE ON RULES (TAYLOR). AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO REQUESTS FOR ABSENTEE BALLOTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 219. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
ONE MINUTE. MR. GOODELL. I'M SORRY.
MR. GOODELL: THANK YOU. BEFORE YOU ANNOUNCE
THE VOTE, MR. SCHMITT WILL BE NO ON THIS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. MR.
SCHMITT A NO.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. COLLEAGUES,
IF WE COULD NOW TURN OUR ATTENTION TO OUR DEBATE LIST. WE'RE GOING TO
START WITH CALENDAR NO. 216 WHICH IS BY MS. WEINSTEIN, FOLLOWED BY
226 BY MS. WEINSTEIN, 228 BY MR. RYAN AND 235 BY MS. WILLIAMS. IN
THAT ORDER, MR. SPEAKER. THANK YOU.
28
NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: THANK YOU.
RULES REPORT -- CALENDAR NO. 216, PAGE 38, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A05630-A, CALENDAR
NO. 216, WEINSTEIN, LUPARDO, ZEBROWSKI, TAYLOR, BRONSON. AN ACT TO
AMEND THE GENERAL OBLIGATIONS LAW, IN RELATION TO REFORMING THE
STATUTORY SHORT FORM AND OTHER POWERS OF ATTORNEY FOR PURPOSES OF
FINANCIAL AND ESTATE PLANNING; AND TO REPEAL CERTAIN PROVISIONS OF SUCH
LAW RELATING TO STATUTORY GIFT RIDERS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WEINSTEIN.
MS. WEINSTEIN: OKAY. HERE WE GO. SO, THE --
THIS BILL WAS DRAFTED ON BEHALF OF THE NEW YORK STATE BAR, AND IT
WOULD SIMPLIFY THE CURRENT POWER OF ATTORNEY FORM WHICH IS BEEN
PROVEN TO BE TOO COMPLEX AND PRONE TO IMPROPER EXECUTION. SO, THIS
WOULD ALLOW ANY POWER OF ATTORNEY WHICH SUBSTANTIALLY COMPLIES WITH
THE STATUTE THAT WILL BE CONSIDERED A VALID POWER OF ATTORNEY. THE
CURRENT LAW REQUIRES AN EXACT MATCH AND HAS -- THAT'S PROVEN UNDULY
BURDENSOME AND HAS INVALIDATED A NUMBER OF PEOPLE WHO
(UNINTELLIGIBLE) SLIGHTLY OFF (UNINTELLIGIBLE) -- AN AGGREGATE
(UNINTELLIGIBLE) $500 LIMIT TO $5,000 WHICH -- WITHOUT REQUIRING
MODIFICATION (UNINTELLIGIBLE). SO THAT'S THE -- A SHORT EXPLANATION AND
I'M HAPPY TO ANSWER ANY QUESTIONS.
ACTING SPEAKER AUBRY: MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
29
NYS ASSEMBLY JULY 21, 2020
THE SPONSOR YIELD?
MS. WEINSTEIN: YES, I'M HAPPY TO.
ACTING SPEAKER AUBRY: MS. WEINSTEIN
YIELDS.
MR. MONTESANO: SO, FIRST I'M GLAD TO SEE THAT
WE'RE GOING TO HAVE SOME MODIFICATION TO THIS POWER OF ATTORNEY
BECAUSE IT IS VERY CUMBERSOME AND LENDS ITSELF TO SOME PROCEDURAL
ERRORS IF YOU'RE NOT -- IF THE DRAFTER IS NOT VERY CAREFUL. I JUST HAVE A
COUPLE OF CONCERNS, AND ONE OF THEM IS AS -- I WANT TO VISIT THE -- THE
EXECUTION OF THE POWER OF ATTORNEY. SO IF THE PRINCIPAL IS FOR SOME
REASON PHYSICALLY DISABLED OR IN SOME MATTER OF FORM IS UNABLE TO SIGN
THE POWER OF ATTORNEY THEMSELVES, IS IT MY UNDERSTANDING FROM THIS BILL
THAT THE AGENT FOR THAT PRINCIPAL IS PERMITTED TO SIGN THE POWER OF
ATTORNEY IN THE PRINCIPAL'S PLACE?
MS. WEINSTEIN: I -- I BELIEVE SO.
MR. MONTESANO: OKAY. SO WHAT THIS BILL ALLOWS
IS SO IF I'M DOING A POWER OF ATTORNEY AND I'M GOING TO BE THE PRINCIPAL
AND I'M GOING TO NAME YOU AS MY AGENT, RIGHT, BECAUSE I HAVE SOME
PHYSICAL INCAPACITATION, I'M GOING TO ALLOW YOU, AS THE AGENT, TO SIGN
MY NAME TO THAT POWER OF ATTORNEY GIVING YOU THE AUTHORITY AS MY
AGENT?
MS. WEINSTEIN: YES.
MR. MONTESANO: OKAY. BECAUSE I REMEMBER
THAT ISSUE CAME UP A LONG TIME AGO, AND IT PRESENTED A PROBLEM
BECAUSE IT'S LIKE SELF DEALING. HOW WOULD YOU KNOW THE INTEGRITY OF
30
NYS ASSEMBLY JULY 21, 2020
THAT DOCUMENT IF YOU'RE ALLOWING THE PURPORTED AGENT TO SIGN THE NAME
OF THE PRINCIPAL APPOINTING THEM AS THE AGENT? TO ME, THAT'S A SERIOUS
FLAW. AND, I MEAN, THIS BILL HAS TO REMEDY THAT BECAUSE THAT'S THE
DANGEROUS PRECEDENT TO LEND ITSELF TO FRAUD AND ABUSE. AND I
UNDERSTAND THE BILL SAYS THAT SOMEONE ELSE HAS TO WITNESS THAT
SIGNATURE, BUT I DON'T HAVE TO TELL YOU, WE'RE ALL IN THE LEGAL PROFESSION,
HOW MANY TIMES PEOPLE ARE THE VICTIMS OF FRAUD BECAUSE PEOPLE
COLLUDE TO DEFRAUD THEM. WHAT DO YOU THINK ABOUT CHANGING THAT
PORTION, THE SIGNING OF THE DOCUMENT?
MS. WEINSTEIN: WELL, THIS IS A PROJECT THAT'S BEEN
WORKED ON, GETTING TO THIS AMENDMENT - AS YOU SAY, AND I AGREE WITH
YOU - TO SIMPLIFY THE FORM. (UNINTELLIGIBLE) COMMISSION -- A BLUE
RIBBON GROUP OF ATTORNEYS. THERE WERE -- THE TRIAL LAWYERS HAVE
CONSIDERED THIS ISSUE AND THE STATE BAR FEELS THAT THE -- THERE ARE
ENOUGH PROTECTIONS BECAUSE -- IN PARTICULAR WE HAVE THE ISSUE WITH
PRESENTATION TO A BANK WHERE NOW SOME BANKS REQUIRE THEIR -- THEIR
OWN FORM, WHICH IS A PROBLEM BECAUSE IF THE PERSON'S ALREADY
INCAPACITATED --
MR. MONTESANO: RIGHT. ALL THE REST OF THAT I
UNDERSTAND. I JUST HAVE A VERY SERIOUS PROBLEM WITH THE PERSON WHO IS
BEING DESIGNATED THE AGENT OF THIS POWER TO BE ABLE TO SIGN THE
PRINCIPAL'S NAME, GIVING THEMSELVES THAT POWER. I JUST THINK IT'S A --
IT'S A REAL CONFLICT. BUT I'LL MOVE ON.
MS. WEINSTEIN: YES.
MR. MONTESANO: SO LET ME ASK YOU, HOW MANY
31
NYS ASSEMBLY JULY 21, 2020
WITNESSES ARE NOW REQUIRED ON THIS NEW POWER OF ATTORNEY?
MS. WEINSTEIN: WE ELIMINATE THE NEED ON THE --
ON THE GIFT RIDER. WE ELIMINATE THAT -- THAT WHOLE SITUATION OF NEEDING
TWO ADDITIONAL WITNESSES, WHICH HAS PROVEN --
MR. MONTESANO: BUT IS THE GIFT RIDER STILL A
SEPARATE DOCUMENT FROM THE POWER OF ATTORNEY ITSELF?
MS. WEINSTEIN: NO, IT'S A MODIFICATION FORM
WITHIN -- WITHIN THE FORM.
MR. MONTESANO: OKAY. SO AND THAT
MODIFICATION FORM HAS TO BE EXECUTED -- PREPARED AND EXECUTED THE
SAME TIME THE POWER OF ATTORNEY IS, CORRECT?
MS. WEINSTEIN: YES.
MR. MONTESANO: ALL RIGHT. SO THEN WE JUST HAVE
TWO WITNESSES TO THE DOCUMENT? RIGHT?
MS. WEINSTEIN: YES.
MR. MONTESANO: JUST ONE WITNESS.
MS. WEINSTEIN: YES. IT'S (UNINTELLIGIBLE) SEPARATE.
MR. MONTESANO: NOW I WANT TO TALK ABOUT THIS
GOVERNOR'S EXECUTIVE ORDER THAT WAS OUT THERE ABOUT THIS VIRTUAL
NOTARIZATION. THERE'S -- ARE YOU LOOKING -- DOES THIS BILL NOW
INCORPORATE THAT TO BECOME PERMANENT THAT THESE DOCUMENTS CAN BE
SIGNED AND NOTARIZED VIRTUALLY?
MS. WEINSTEIN: NO, IT DOESN'T. HOWEVER, YOU
POINT OUT PART OF THE IMPORTANT NEED TO --TO MAKE THESE CHANGES,
PARTICULARLY IN NURSING HOMES AND ASSISTED LIVING FACILITIES WHERE
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NYS ASSEMBLY JULY 21, 2020
VISITORS ARE -- ARE LIMITED. IT'S DIFFICULT TO GET ADDITIONAL WITNESSES
SOMETIMES IN PERSON. BUT THE EXECUTIVE ORDER REGARDING REMOTE
SIGNING NOTARIZATION IS -- WOULD -- WOULD BE DEALT WITH UNDER CURRENT --
UNDER THE EXECUTIVE ORDER, BUT WE DO NOT MAKE IT PERMANENT IN
(UNINTELLIGIBLE).
MR. MONTESANO: FAIR ENOUGH. NOW JUST TO TALK
ABOUT THE -- THE GIFTS, YOU KNOW, TO THE AGENT AND OTHERS. SO I KNOW
SOME OF THE CONCERNS WE'VE HAD IN THE PAST WAS, YOU KNOW, THERE'S A --
IF THIS BILL PASSES, THERE'S A $5,000 LIMITATION ON GIFTS VERSUS THE CURRENT
$500. SO IF THIS HAS TO BE USED FOR ESTATE PLANNING, RIGHT, IN ORDER TO,
YOU KNOW, TO DO A MEDICAID TRUST OR QUALIFY FOR MEDICAID, THE AGENT
CAN TRANSFER THE ASSETS OF THE PRINCIPAL TO A TRUST OR TO SOME OTHER
INDIVIDUAL HOLDING PERSON, AND -- WOULD THAT BE CONSIDERED A GIFT OR
JUST A TRANSFER IN ANTICIPATION OF MEDICAID?
MS. WEINSTEIN: NO, IT WOULD NOT BE CONSIDERED A
GIFT.
MR. MONTESANO: OKAY. AND AS FAR AS THE
FINANCIAL INSTITUTIONS AND OTHER, YOU KNOW, PLACES, WHETHER IT BE
HOSPITALS OR WHATEVER, TO LOOK AT -- TO ACCEPT THIS POWER OF ATTORNEY. I
UNDERSTAND NOW THAT THIS NEW DOCUMENT DOESN'T HAVE TO READ VERBATIM
WHAT THE STATUTE PROVIDES, AS LONG AS THE LANGUAGE SHOWS THE INTENT OF
WHAT THE PRINCIPAL WOULD LIKE TO DO?
MS. WEINSTEIN: YOU'RE CORRECT. THE WORDING IS
"SUBSTANTIALLY COMPLIES."
MR. MONTESANO: OKAY. AND IF THE FINANCIAL
33
NYS ASSEMBLY JULY 21, 2020
INSTITUTION OR OTHER FACILITY UNREASONABLY DENIES ACCEPTANCE OF THIS
POWER OF ATTORNEY, THE PRINCIPAL OR THE AGENT WOULD HAVE A CAUSE OF
ACTION AGAINST THEM?
MS. WEINSTEIN: WELL, YES. WE -- WE --
POTENTIALLY WE PROVIDE A SAFE HARBOR FOR THE INSTITUTION WHERE THEY CAN
ASK FOR A LETTER OF COUNSEL VERIFYING THAT THE AGENT HAS THE AUTHORITY TO
-- TO MAKE THIS -- MAKE THE TRANSACTION AND IF THAT ISN'T ACCEPTED BY THE
INSTITUTION, THERE IS A PROCESS TO BE ABLE TO GO INTO COURT AND GET
DAMAGES IF -- IF IT'S BEEN PROVEN TO BE WILLFULLY WITHHELD.
MR. MONTESANO: AND I UNDERSTAND THAT TITLE
COMPANIES ALSO ARE GOING TO BE BOUND BY THESE, SO I PRESUME THE SMART
PRACTITIONER OR WHOEVER PREPARES THIS POWER OF ATTORNEY IN THE
MODIFICATIONS SECTION WOULD SPELL OUT THE AUTHORITY FOR REAL ESTATE
TRANSACTIONS. BECAUSE THERE'S STILL GOING TO BE THE BOX TO INITIAL, AM I
CORRECT, FOR REAL ESTATE TRANSACTIONS? THOSE BOXES ARE STILL GOING TO BE
THERE?
MS. WEINSTEIN: YES. THEY'RE STILL GOING TO HAVE
THAT.
MR. MONTESANO: OKAY. THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MONTESANO: THANK YOU. THANK YOU, MS.
WEINSTEIN. YOU KNOW, I'M -- I'M HAPPY OF THE FACT, AS MY OPENING
COMMENTS WERE, THAT WE'RE ABLE TO STREAMLINE AND MODIFY THIS POWER
OF ATTORNEY. MY YEARS IN PRACTICE I'VE SEEN A SHIFT IN THE WAY THEY'RE
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NYS ASSEMBLY JULY 21, 2020
DESIGNED, AND WE WENT FROM THE ONE- AND TWO-PAGE FORM TO THIS 14-15
PAGE FORM. SO THEY ARE VERY CONFUSING, VERY DIFFICULT TO -- TO WORK
WITH. HOWEVER, MY BIGGEST CONCERN -- AND THIS - I RAISED THIS CONCERN
A COUPLE YEARS AGO WHEN THIS BILL CAME UP - IS THAT I FIND IT ABSOLUTELY,
ABSOLUTELY RIDICULOUS THAT PEOPLE FROM A BAR ASSOCIATION THAT WERE
INVOLVED IN THIS BLUE RIBBON PANEL THAT WAS INVOLVED IN DOING THE
CHANGES TO THIS DOCUMENT WOULD ACTUALLY STAND THERE AND SAY IT'S OKAY
FOR THE DESIGNATED AGENT TO SIGN FOR THE PRINCIPAL, THUS GIVING
THEMSELVES THE POWER TO ACT ON BEHALF OF THE PRINCIPAL. THAT'S THE MOST
SELF-SERVING THING THAT I'VE EVER SEEN. IT LEAVES ITSELF FOR FRAUD AND
ABUSE, FOR PEOPLE TO BE THREATENED. YOU KNOW, FOR ALL KINDS OF THINGS
TO GO WRONG. AND IT JUST ESCAPES MY MIND HOW THEY WOULD THINK OF
THIS. AND EVEN THEY SAY, WELL, IF THE AGENT'S GOING TO SIGN IN PLACE OF
THE PRINCIPAL IT HAS TO BE WITNESSED BY SOMEONE ELSE. LISTEN, WE'VE ALL
BEEN AROUND, ESPECIALLY THOSE OF US IN THE LEGAL PROFESSION. HOW MANY
TIMES ARE WILLS PRODUCED IN AN AREA OF FRAUD WHERE PEOPLE COLLUDE
TOGETHER TO EXECUTE WILLS FRAUDULENTLY? WHAT'S TO STOP PEOPLE IN THE
SAME FAMILY FROM GETTING TOGETHER AND COLLUDING TO CREATE THIS POWER
OF ATTORNEY AND -- AND DEFRAUD THE PRINCIPAL? SO -- AND, YOU KNOW, I
THOUGHT THIS WENT AWAY THE LAST TIME, THIS PROVISION, WHEN I SAW THESE
NEW AMENDMENTS COMING OUT. I REALLY THOUGHT THEY GOT RID OF THIS.
AND IT JUST -- IT JUST SHOCKS MY MIND THAT -- THAT ATTORNEYS THAT WERE
INVOLVED IN THIS WOULD ACTUALLY CONDONE THIS KIND OF BEHAVIOR. AND
FOR THAT REASON ALONE IT'S REALLY UPSETTING TO ME THAT WE CAN'T -- THAT I
CAN'T SUPPORT THIS BILL BECAUSE IT SERVES OTHER GOOD PURPOSES THAT ARE
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NYS ASSEMBLY JULY 21, 2020
ABSOLUTELY NEEDED. IT IS THAT THIS PART IS STILL A STUMBLING BLOCK FOR ME,
AND FOR THAT REASON I WILL NOT BE ABLE TO SUPPORT IT. I WOULD HAVE TO
VOTE IN THE NEGATIVE. AND I WOULD ENCOURAGE ALL MY COLLEAGUES IN THIS
HOUSE TO PAY CLOSE ATTENTION TO THAT PROVISION, BECAUSE A LONG TIME AGO
THIS BILL WAS KNOCKED OFF A COMMITTEE CALENDAR FOR THAT VERY REASON.
AND THOSE OF US IN THIS HOUSE WHO HAVE A BACKGROUND IN THE LAW
SHOULD REALLY SEE THIS PROBLEM FOR WHAT IT IS AND NOT SUPPORT THIS BILL
UNTIL THAT PARTICULAR PROVISION IS TAKEN OUT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GARBARINO.
MR. GARBARINO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
YOU YIELD?
MS. WEINSTEIN: SURE, I'M HAPPY TO.
ACTING SPEAKER AUBRY: MS. WEINSTEIN
YIELDS.
MR. GARBARINO: THANK YOU VERY MUCH, MS.
WEINSTEIN. I JUST HAVE A COUPLE QUESTIONS. I WANT TO FOLLOW UP ON
SOMETHING THAT MY COLLEAGUE BROUGHT UP. I AGREE THAT THIS -- THERE ARE
SOME GOOD CHANGES IN THIS BILL, THE $500 TO $5,000 GIFT -- GIFT LIMIT,
THAT'S -- THAT MAKES A LOT OF SENSE. THE SUBSTANTIAL CONFORMANCE --
COMPLIANCE WITH THE -- THAT MAKES A LOT OF SENSE. BUT I DON'T
UNDERSTAND. WHEN I GRADUATED LAW SCHOOL IN 2009 AND BECOME AN --
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NYS ASSEMBLY JULY 21, 2020
AND TAKING THE BAR, THIS HAD JUST PASSED, THE NEW STATUTORY -- THE NEW
FORM JUST PASSED. AND I REMEMBER THE BOSS AT THE FIRM SAID, YOU'RE
GOING TO GO TO THE CLE AND LEARN HOW TO DO THESE NEW POWER OF
ATTORNEY FORMS. AND WHEN I WENT THERE THEY TALKED ABOUT THE REASON
FOR THE CHANGE WAS THEY WANTED TO MAKE SURE THAT THE ELDERLY PEOPLE
THAT WERE SIGNING THESE THINGS IN THE PAST HAD BEEN TAKEN ADVANTAGE OF
BY AGENTS, AND NOW THAT'S WHY WE CHANGED THE FORM. IT SEEMS LIKE
WE'RE -- WE ARE GETTING -- WE'RE TAKING BACK SOME OF THOSE CHANGES THAT
WERE -- WERE DONE TO PROTECT THE PRINCIPALS. SPECIFICALLY, THE -- GETTING
RID OF THE STATUTORY GIFT RIDER. THE POWER OF ATTORNEY I BELIEVE
CURRENTLY, UNDER CURRENT LAW, ONLY NEEDS THE PRINCIPAL AND THE AGENT TO
SIGN AND BOTH OF THOSE SIGNATURES NEED TO BE NOTARIZED, CORRECT?
MS. WEINSTEIN: YES.
MR. GARBARINO: OKAY. AND THEN IF THERE'S A
STATUTORY GIFT RIDER, ONE, THE PRINCIPAL HAS TO INITIAL THAT THERE'S A
STATUTORY GIFT RIDER ATTACHED IN THE POWER OF ATTORNEY, THEN THERE'S THE
SEPARATE -- THEN THERE'S THE RIDER, WHICH TO MY BELIEF NEEDS A SIGNATURE,
NOTARIZATION AND TWO WITNESSES.
MS. WEINSTEIN: CORRECT.
MR. GARBARINO: OKAY. AND -- AND A LOT OF -- A
LOT OF PEOPLE USE THIS FOR ESTATE PLANNING, AS -- AS MY COLLEAGUE SAID.
YOU KNOW, IF THEY WANT TO CREATE -- THEY WANT TO MAKE TRANSFERS SO
THEY CAN QUALIFY FOR MEDICAID. YOU KNOW, A LOT OF TIMES WE HAVE A
SPOUSAL EXCEPTION IN NEW YORK SO PEOPLE CAN TRANSFER -- SPOUSES CAN
TRANSFER ASSETS BETWEEN EACH OTHER AND QUALIFY FOR MEDICAID WITHIN 30
37
NYS ASSEMBLY JULY 21, 2020
DAYS. THERE'S A SPECIFIC SECTION THAT REQUIRES THE AGENT IF, YOU KNOW,
SAY YOU HAVE YOUR SPOUSE'S POWER OF ATTORNEY, IN THAT GIFT RIDER NOW
THERE'S A SPECIFIC SECTION THAT MAKES YOU INITIAL IN THAT GIFT RIDER SO THIS
-- THE AGENT CAN MAKE A TRANSFER TO THEMSELVES, CORRECT?
MS. WEINSTEIN: RIGHT.
MR. GARBARINO: ARE WE GETTING RID OF THAT
PROTECTION HERE?
MS. WEINSTEIN: WELL LET ME JUST SAY THAT PART OF
THE ISSUE WITH THE GIFT RIDER IS I THINK WE ENDED UP GOING A LITTLE TOO FAR
BY NEEDING THE EXTRA -- THE -- THE TWO WITNESSES, ONCE THAT BECAME LAW
WE STARTED TO HEAR FROM PARTICULARLY ELDER LAW ATTORNEYS THAT IT WAS
DIFFICULT IF SOMEONE WAS HOMEBOUND, IF SOMEONE WAS IN A FACILITY, TO
BE ABLE TO HAVE THE ADDITIONAL WITNESSES. SO IN PUTTING IN THE
PROTECTION WE ENDED UP CREATING A SITUATION WHERE IT WAS DIFFICULT TO
EVEN GET THE POWER OF ATTORNEY SIGNED. SO SOME OF THE -- SOME OF THE
PROTECTIONS ARE NOW IN THAT THE INSTITUTION CAN ASK FOR A LETTER -- A LETTER
FROM COUNSEL THAT THE AGENT HAS THE LEGITIMATE POWER TO ACT ON BEHALF
OF -- OF THE PRINCIPAL, AND CAN HAVE A COURT PROCEEDING TO ACTUALLY
DETERMINE IF -- IF THERE'S STILL CONCERN ABOUT ACCEPTING THAT -- THAT
POWER. BUT WE DON'T -- WE STILL HAVE NOW IN THE ONE FORM THE ABILITY TO
HAVE -- I THINK THE QUESTION WAS ALSO ABOUT HAVING THE AGENT BE ABLE TO
TRANSFER PROPERTY TO -- RESOURCES TO THEMSELVES. THERE'S NOT A
PROHIBITION ABOUT THAT, BUT YOU WOULD HAVE TO INDICATE THAT ON -- ON --
ON THIS CHANGED POWER OF ATTORNEY.
MR. GARBARINO: SO THEY WOULD -- INSTEAD OF JUST
38
NYS ASSEMBLY JULY 21, 2020
INITIALING A BOX NOW THAT SAYS THE AGENT CAN -- BECAUSE IN THE -- IN THE
GIFT RIDER -- THE SPECIFIC SECTION THAT'S PART OF THE GIFT RIDER THAT SAYS MY
AGENT CAN MAKE GIFTS TO THEMSELVES. NOW YOU HAVE TO SPECIFICALLY TAKE
THAT AND ADD THAT INTO THE MODIFICATION SECTION OF THE POWER OF
ATTORNEY?
MS. WEINSTEIN: LET ME -- LET ME CHECK MY NOTES
ON -- ON THAT.
(PAUSE)
YES, I BELIEVE SO.
MR. GARBARINO: OKAY. SO I -- I REMEMBER WHEN
THIS FIRST CAME OUT THERE WERE -- IT DID INCLUDE -- INCLUDE A LOT OF PEOPLE
FOR EXECUTION. THE NOTARY -- YOU HAD TO HAVE TWO WITNESSES AND A
NOTARY. I BELIEVE WE CHANGED IT TO MAKE IT -- TO MAKE IT SO THAT THE
NOTARY COULD ALSO BE ONE OF THE WITNESSES BECAUSE THEY WERE PROVIDING
SERVICES SO THAT DROPPED IT DOWN BY ONE PERSON. YOU KNOW, I'M -- I'M
AN ATTORNEY, I'M A NOTARY, SO I'VE DONE -- I'VE DONE PLENTY OF THESE.
AND I -- I DO UNDERSTAND, YOU KNOW, GETTING EVERYBODY TOGETHER AND --
AND IT TAKES A LONG TIME BECAUSE THERE'S INITIALING, A LOT OF INITIALING
THAT HAS TO GO ON, THE SIGNATURES. BUT I DO BELIEVE THAT THERE -- THE
PROTECTIONS THAT WERE INTENDED IN 2009 THAT, YOU KNOW, I LEARNED ABOUT
IN THAT CLE COURSE ABOUT WHAT THE LEGISLATURE WAS DOING WERE, YOU
KNOW, THEY ARE -- THOSE -- THOSE ITEMS ARE MET UNDER THE CURRENT FORM.
AND BY GETTING RID OF THE STATUTORY GIFT RIDER WHICH REQUIRED ADDITIONAL
WITNESSES TO MAKE SURE -- BECAUSE, YOU KNOW, THIS WASN'T JUST NORMAL,
YOU KNOW, OKAY, YOU CAN -- YOU CAN GO AND HELP WITH A BANKING
39
NYS ASSEMBLY JULY 21, 2020
TRANSACTION, YOU CAN GO AND DO AN ESTATE TRANSACTION. THIS SPECIFICALLY
SAID, YOU KNOW, TO BE ABLE TO TAKE MORE THAN $500 OUT OF SOMEBODY'S
ACCOUNT AND MAKE A TRANSFER, YOU HAD TO HAVE THIS ADDITIONAL RIDER. IT
WAS JUST THAT ADDITIONAL PROTECTION SO SOMEBODY COULDN'T BE TAKEN
ADVANTAGE OF, WHICH WAS THE WHOLE REASON WE CHANGED THE FORM TO
BEGIN WITH. BUT NOW, AS MY COLLEAGUE BROUGHT UP, WE ARE GETTING RID
OF THE STATUTORY GIFT RIDER, AND NOW WE'RE ALSO GETTING RID OF -- WE'RE
ALLOWING THE AGENT TO BE ABLE TO SIGN FOR THE PRINCIPAL. SO THE AGENTS --
THERE'S A SITUATION WHERE THE AGENT COULD SIGN FOR THE PRINCIPAL, SIGN FOR
THEM SELF, AND INITIAL THE SECTION THAT ALLOWS THE AGENT TO MAKE
TRANSFERS TO THE PRINCIPAL TO THEM -- TO THEMSELVES. ALL IN ONE BIG FORM
WITHOUT ANY OTHER WITNESSES OTHER THAN A NOTARIZATION WHICH NOW CAN
BE DONE -- YOU KNOW, BY EXECUTIVE ORDER WE CAN DO IT VIRTUALLY. I JUST
THINK, ESPECIALLY WITH WHAT'S GOING ON RIGHT NOW, THIS IS GETTING RID OF A
LOT OF PROTECTIONS THAT WE HAD TO PROTECT AGAINST BAD ACTORS AND WE'RE
GIVING THEM A FOOT BACK IN THE DOOR AFTER -- AND I'M -- I'M CONCERNED
THAT -- YOU KNOW, LIKE I SAID, I THINK A LOT OF THE BILL IS GOOD AND IT
MAKES SENSE. I JUST DON'T KNOW THE REASON FOR GETTING RID OF THE
ADDITIONAL PROTECTIONS, YOU KNOW, WHEN IT DEALS WITH TRANSFERS OF
ASSETS.
I -- I THANK YOU, MS. WEINSTEIN. I DO APPRECIATE YOU
ANSWERING THE QUESTIONS.
MS. WEINSTEIN: IF I COULD JUST -- BECAUSE YOU'RE
TALKING ABOUT HOW YOU GOT TO LEARN ABOUT THE CHANGES. I JUST WANTED TO
POINT OUT THAT, IN FACT, I SPONSORED THAT BILL. SO A LOT OF THESE ISSUES
40
NYS ASSEMBLY JULY 21, 2020
WERE DISCUSSED WHEN WE WENT THERE, AND THERE HAD BEEN CONCERN THAT
PERHAPS WE WERE GOING TOO FAR, THOUGH THE STATE BAR WAS SUPPORTIVE OF
-- OF THAT BILL AND REALLY HELPED -- EFFECTIVELY DRAFTED IT. BUT EXPERIENCE
HAS SHOWN US THAT IT'S BECOME A TRAP FOR THE -- FOR THE UNWARY THAT WERE
HAVING POWERS OF ATTORNEY REJECTED, AND WE NOW HAVE PRINCIPALS WHO
ARE NOT -- DON'T HAVE THE CAPACITY TO EXECUTE NEW POWERS OF ATTORNEY.
PARTICULARLY WHAT WAS RECOGNIZED BY THE FAILURE TO BE RECOGNIZED BY
THE BANKS I THINK IS A VERY SUBSTANTIAL CHANGE THAT WE MAKE IN THIS BILL.
BUT, YOU KNOW, I HEAR YOUR -- YOUR COMMENTS AND IT'S SOMETHING THAT
WE'RE GOING TO MONITOR AS WE GO FORWARD, AND IF THERE IS A NEED TO
MAKE ADDITIONAL CHANGES, WE (UNINTELLIGIBLE) THOSE CHANGES.
MR. GARBARINO: YOU KNOW, I MEAN, LIKE YOU JUST
SAID, THE OLD FORM BEFORE YOU DID THIS WAS A -- WAS A FRONT-PAGE
LEGAL-SIZE DOCUMENT. IT WAS FRONT AND BACK. YOU KNOW, THIS TURNED IT
INTO AN 11, 12-PAGE DOCUMENT DEPENDING ON HOW MANY MODIFICATIONS,
YOU KNOW, WHICH -- WHICH WERE GOOD BECAUSE IT SPELLED EVERYTHING
OUT. AND YOU KNOW, WHEN I DO IT AT LEAST WITH MY CLIENTS, YOU KNOW,
YOU GO THROUGH EACH SECTION; THIS SAYS THIS, THIS SAYS THIS. AND I -- I
AGREE. YOU KNOW, A LOT OF ATTORNEYS WHO MIGHT NOT -- WHO MIGHT NOT
DO -- DO A LOT OF THESE COULD HAVE MADE MISTAKES, YOU KNOW, AND I
BELIEVE YOU DO ADDRESS THOSE WITH THE -- WITH -- WITH SOME OF THE PARTS
OF THIS SECTION HERE. I'M JUST MOSTLY CONCERNED ABOUT THE PRINCIPALS
BEING ABLE TO BE TAKEN ADVANTAGE OF WITHOUT HAVING THAT EXTRA
WITNESSING WITH THE TRANSFERRING OF ASSETS BECAUSE A LOT OF THE ELDERLY,
YOU KNOW, IT --- IT -- IT -- WHO THESE ARE FOR, THEY ONLY HAVE SO MUCH.
41
NYS ASSEMBLY JULY 21, 2020
AND, YOU KNOW, I THOUGHT THAT HAVING THAT EXTRA PROTECTION IS
SOMETHING THAT SHOULD BE -- SHOULD BE LEFT ALONE.
BUT THANK YOU VERY MUCH, MS. WEINSTEIN.
MS. WEINSTEIN: SURE.
ACTING SPEAKER AUBRY: MR. ABINANTI.
MR. ABINANTI: THANK YOU MR. SPEAKER.
ASSEMBLYWOMAN WEINSTEIN, WOULD YOU YIELD? MR. SPEAKER, WILL THE
SPONSOR YIELD TO SOME QUESTIONS?
MS. WEINSTEIN: YES.
ACTING SPEAKER AUBRY: MS. WEINSTEIN
YIELDS, MR. ABINANTI.
MR. ABINANTI: YES. MS. WEINSTEIN, I'M A LITTLE
CONFUSED BY THE DISCUSSION THAT JUST WAS -- WHICH WE JUST HAD. WHEN
WE DISCUSSED THIS BILL IN COMMITTEE SEVERAL YEARS AGO, I, TOO, WAS VERY
CONCERNED ABOUT ALLOWING THE AGENT TO SIGN FOR THE PRINCIPAL. BUT I'M
READING THE BILL NOW AND I'M A LITTLE CONFUSED. I THINK WE HAVE A
QUESTION OF STATUTORY INTERPRETATION HERE. I'M GOING TO PAGE 2, LINES 39
AND 40, AND IT LOOKS TO ME LIKE THE LANGUAGE HAS BEEN CHANGED TO SAY
THAT THE PERSON WHO IS GOING TO BE DESIGNATED AS THE AGENT CANNOT BE
THE PERSON WHO SIGNS THE PRINCIPAL'S NAME. AM I MISREADING THIS? I'M
TRYING TO FIGURE WHERE MY COLLEAGUES GOT THE INTERPRETATION THEY GOT. I
THINK WE ARE -- I THINK THERE'S A QUESTION OF STATUTORY INTERPRETATION
HERE, AND PERHAPS THIS NEW BILL HAS ACTUALLY SOLVED THE PROBLEM THAT
MR. MONTESANO AND I RAISED TWO YEARS AGO. AND I'M NOT QUITE SURE,
BECAUSE I HAVE THE VERY SAME CONCERN THAT HE AND MR. GARBARINO HAVE.
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NYS ASSEMBLY JULY 21, 2020
BUT AS I'M READING THIS BILL I SEE LANGUAGE DIFFERENTLY. SO CAN YOU HELP
US ON THIS, PLEASE?
MS. WEINSTEIN: YES. YES. YOU KNOW WHAT? I --
I DID MISSPEAK WHEN I -- WHEN I SPOKE -- WHEN I TALKED WITH MR.
MONTESANO. I -- I BELIEVE YOU ARE RIGHT. I WAS JUST LOOKING AT THAT --
THAT LANGUAGE. SORRY, YES.
MR. ABINANTI: IF I MAY, I BELIEVE MR. MONTESANO
AND I IN COMMITTEE BOTH DISCUSSED THIS AT LENGTH, AND BOTH OF US RAISED
THIS AND SAID THIS IS -- THIS IS A NO-GO. THIS IS -- THIS STOPS -- THIS STOPS
ANTI-PROGRESS. AND I -- AND I -- I COMMEND YOU AND YOUR STAFF HAVING
-- IF I'M READING THIS CORRECTLY (UNINTELLIGIBLE) --
MS. WEINSTEIN: (UNINTELLIGIBLE).
MR. ABINANTI: -- AND HAVING SOLVED THAT PROBLEM.
MS. WEINSTEIN: WELL I'M LOOKING AT MY NOTES AND
I THINK I JUST RESPONDED TO MR. MONTESANO OFF -- OFF-THE-CUFF WITHOUT
LOOKING AT THE NOTES. SO, YOU ARE CORRECT.
MR. ABINANTI: AND I THINK PART OF THE PROBLEM
ALSO IS THE SPONSOR'S MEMO DOES NOT HIGHLIGHT THE CHANGE. THE
SPONSOR'S MEMO MAKES IT LOOKS LIKE IT'S THE SAME BILL THAT WE ORIGINALLY
HAD. AND SO I COULD UNDERSTAND WHY MR. MONTESANO AND OTHERS WOULD
BELIEVE THAT THIS WAS NOT CORRECTED. BUT IF -- BUT IF I'M READING THIS
CORRECTLY, THIS OBJECTION HAS BEEN -- IS -- IS NO LONGER THERE. I CAN'T
COMMENT ON THE OTHER OBJECTIONS THEY'VE RAISED, BUT THIS ONE WAS ONE
THAT I WAS VERY CONCERNED ABOUT, AND I THINK YOU -- YOU'VE ADDRESSED
THE ISSUE SO I CAN NOW SUPPORT THE BILL.
43
NYS ASSEMBLY JULY 21, 2020
MS. WEINSTEIN: THANK YOU. THANK YOU.
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 ON CALENDAR 216. THIS IS A PARTY VOTE. ANY MEMBER WISHING
TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED
TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE VOTING NO ON THIS BILL. IF YOU WOULD LIKE
TO VOTE AFFIRMATIVELY, PLEASE CONTACT THE MINORITY LEADER'S OFFICE RIGHT
AWAY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN FAVOR OF THIS
PIECE OF LEGISLATION. SHOULD MEMBERS DECIDE THEY WOULD NOT LIKE TO
VOTE FOR IT, THEY SHOULD FEEL FREE TO CALL OUR OFFICES AND WE WILL COUNT
YOUR VOTE ACCORDINGLY.
THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
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NYS ASSEMBLY JULY 21, 2020
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY
VOTE. AS MY COLLEAGUES HAVE REMARKED, THE ORIGINAL VERSION OF THIS
BILL ALLOWED A PERSON TO SIGN A POWER OF ATTORNEY ON BEHALF OF
SOMEBODY ELSE TO APPOINT THEMSELVES AS THE AGENT FOR THE OTHER PERSON,
AUTHORIZE THE TRANSFER OF THE OTHER PERSON'S PROPERTY TO THEMSELVES,
WHICH WAS JUST A HORRIFIC, HORRIFIC BILL. THIS BILL IS SLIGHTLY BETTER IN
THAT NOW WE CAN HAVE SOMEONE SIGN ON BEHALF OF THE PRINCIPAL,
APPOINTING THEIR FRIEND AS THE POWER OF ATTORNEY SO THAT THEIR FRIEND CAN
TRANSFER UP TO $5,000 BACK TO THEM. LOOK, WHEN YOU'RE DEALING WITH A
POWER OF ATTORNEY IT'S VERY SIMPLE. THE PRINCIPAL WHO'S GIVEN THE
POWER SHOULD SIGN IT. THAT'S NOT A DIFFICULT CONCEPT. AND WHEN YOU
ALLOW SOMEONE ELSE TO SIGN A POWER OF ATTORNEY TRANSFERRING AN
INDIVIDUAL'S POWER AWAY FROM THEM TO SOME THIRD-PARTY, IT IS AN
ABSOLUTE INVITATION FOR FRAUD. AND THAT'S WHY I AND MANY OF MY
COLLEAGUES WILL NOT BE SUPPORTING IT EVEN IN ITS CURRENT ITERATION.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I'D LIKE TO ASK IF YOU COULD RECORD MR. BARNWELL AND MR.
O'DONNELL IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES: THANK YOU.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
45
NYS ASSEMBLY JULY 21, 2020
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05991-A, CALENDAR
NO. 226, WEINSTEIN, SEAWRIGHT, ABINANTI, LUPARDO, SIMOTAS, TAYLOR,
STECK. AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO ACTIONS
INVOLVING PUBLIC PETITION AND PARTICIPATION; AND TO AMEND THE CIVIL
PRACTICE LAW AND RULES, IN RELATION TO STAY OF PROCEEDINGS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, SIR. THE
CONCERN THAT I AND MANY OF MY COLLEAGUES HAVE ON THE BILL IS THAT IT
MANDATES THE PAYMENT OF COSTS AND ATTORNEY'S FEES ON A SLAPP LAWSUIT
WITHOUT ANY RESTRICTION OR GUIDANCE ON THE AMOUNT THAT CAN BE PAID.
WE OFTEN AUTHORIZE REASONABLE ATTORNEY'S FEES IN THE DISCRETION OF THE
COURT. AND IN MANY OTHER CONTEXTS, PARTICULARLY DEALING WITH
GOVERNMENT OPERATIONS LIKE UNEMPLOYMENT OR WORKERS' COMP, THERE'S
RESTRICTIONS THAT HAS TO BE APPROVED AND THEY'RE VERY, VERY CAREFUL
ABOUT THE AMOUNT OF LEGAL FEES THEY AUTHORIZE. ON CIVIL LAWSUITS, IF
YOU BRING AN ACTION FOR PERSONAL INJURY OR SOMETHING LIKE THAT, THE
AMOUNT THAT CAN BE COLLECTED BY THE ATTORNEYS IS VERY TIGHTLY REGULATED
BY THE APPELLATE DIVISION. SO THERE'S VERY SPECIFIC RESTRICTIONS AND
LIMITATIONS. IF YOU REPRESENT AN ESTATE, AS THE ESTATE ATTORNEY YOU CAN
BE PAID ATTORNEY'S FEES. AGAIN, ALL CAREFULLY REGULATED. THIS REQUIRES --
IT DOESN'T ALLOW, BUT REQUIRES, IT DOESN'T SIMPLY ALLOW, BUT REQUIRES THE
PAYMENT OF ALL COSTS AND ATTORNEY'S FEES WITHOUT RESTRICTION, AND FOR
46
NYS ASSEMBLY JULY 21, 2020
THAT REASON I AND MANY OF MY COLLEAGUES WILL NOT BE VOTING IN SUPPORT
OF THIS LEGISLATION.
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 ON CALENDAR NO. 226. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY IN THE NEGATIVE ON THIS. IF THERE'S ANY
MEMBER OF THE REPUBLICAN CONFERENCE THAT WOULD LIKE TO VOTE IN THE
AFFIRMATIVE, PLEASE CONTACT THE MINORITY LEADER'S OFFICE RIGHT AWAY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR. SO
NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS WILL BE A PARTY VOTE IN THE AFFIRMATIVE. COLLEAGUES
CHOOSING TO VOTE OTHERWISE SHOULD FEEL FREE TO CONTACT OUR OFFICES AND
WE'D BE HAPPY TO SO RECORD YOUR VOTE.
THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED, MA'AM.
47
NYS ASSEMBLY JULY 21, 2020
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE AFFIRMATIVE: MR. NORRIS, MR. MONTESANO,
MR. PALUMBO, MS. BYRNES, MR. RA, MR. GARBARINO, MR. SMULLEN, MR.
REILLY, MR. BARCLAY, MR. MORINELLO. THAT'S IT FOR NOW.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06062, CALENDAR NO.
228, RYAN, GOTTFRIED, WRIGHT. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO PROHIBITING THE EXCLUSION OF COVERAGE FOR LOSSES OR DAMAGES
CAUSED BY EXPOSURE TO LEAD-BASED PAINT.
ACTING SPEAKER AUBRY: MR. GOODELL ON THE
BILL.
MR. GOODELL: THANK YOU, SIR. THIS BILL WOULD
REQUIRE LANDLORDS TO CARRY LIABILITY INSURANCE -- TO CARRY LIABILITY
INSURANCE THAT COVERS POTENTIAL LEAD POISONING AND TO REQUIRE INSURANCE
COMPANIES TO PROVIDE THAT COVERAGE. IN THE PAST, IF YOU WERE BUYING
LIABILITY INSURANCE THE INSURANCE COMPANIES DID NOT COVER LEAD. AND
THAT'S BEEN A REAL SERIOUS ISSUE. WE ARE VERY FORTUNATE THAT WE HAVE
SEEN A TREMENDOUS REDUCTION IN PROBLEMS WITH LEAD PAINT, IN LARGE PART
48
NYS ASSEMBLY JULY 21, 2020
BECAUSE THERE'S BEEN A SUBSTANTIAL AMOUNT OF PUBLIC EDUCATION AND A LOT
OF RENOVATIONS, AND THE NEWER PAINTS DON'T HAVE LEAD IN THEM. THE
PROBLEM THAT -- JUST TO GIVE YOU AN EXAMPLE OF HOW SUCCESSFUL THE
REDUCTION OF LEAD HAS BEEN, FROM 2004 TO 2009 WE SAW AN 84 PERCENT
REDUCTION IN INSTANCES INVOLVING LEAD POISONING, WHICH IS VERY
POSITIVE. AND THAT'S CONTINUED OVER THE LAST DECADE AS WELL. AND OF
COURSE AS TIME GOES ON, THE INCIDENTS OF LEAD POISONING CONTINUES TO
DROP AS APARTMENTS ARE REPAINTED. AND AS I MENTIONED, THE NEW PAINT
DOES NOT INCLUDE LEAD. SO THIS BILL WOULD REQUIRE INSURANCE COMPANIES
TO PROVIDE LEAD COVERAGE AND WOULD REQUIRE LANDLORDS TO BUY THAT
COVERAGE IF YOU CARRY LIABILITY INSURANCE. UNFORTUNATELY, OR
FORTUNATELY, I GUESS, DEPENDING ON YOUR VIEW, THERE'S NO OBLIGATION BY
LANDLORDS TO BUY LIABILITY INSURANCE. AND SO IF WE, AS THE STATE
LEGISLATURE, MANDATE LEAD COVERAGE, WE HAVE BEEN ADVISED BY THE
INSURANCE INDUSTRY THAT IT WILL RESULT IN AN INCREASE IN PREMIUMS
REFLECTING THE INCREASE IN LIABILITY THAT THE INSURANCE COMPANIES HAVE.
AND WHENEVER YOU HAVE AN INCREASE IN YOUR INSURANCE PREMIUMS, TWO
THINGS HAPPEN: EITHER THE LANDLORD DROPS THE LIABILITY INSURANCE
BECAUSE IT'S NOT REQUIRED BY YOUR MORTGAGE - THEY ONLY REQUIRE PROPERTY
INSURANCE - SO THE LANDLORD DROPS THE INSURANCE BECAUSE IT'S TOO
EXPENSIVE; OR THE OTHER OPTION IS THE LANDLORD CONTINUES THE LIABILITY
INSURANCE AND TAKES THE INCREASED COST AND PASSES IT ON TO TENANTS.
AND THIS IS PARTICULARLY PROBLEMATIC BECAUSE THE TENANTS THAT WOULD
LIKELY GET THIS COVERAGE OR MIGHT NEED THAT COVERAGE ARE ONLY THOSE
TENANTS THAT ARE IN OLDER HOMES THAT HAVEN'T BEEN REPAINTED IN THE LAST
49
NYS ASSEMBLY JULY 21, 2020
15 OR 20 YEARS, AND THEY'RE TYPICALLY THE TENANTS WHO CAN AFFORD THE
LEAST, A RENT INCREASE. AND SO IRONICALLY, THIS BILL WOULD INCREASE RENT
FOR LOWER-INCOME TENANTS WHO CAN BARELY AFFORD THE RENT NOW, OR RESULT
IN NO COVERAGE OF ANY KIND AS THE LIABILITY INSURANCE IS DROPPED. AND
FOR THOSE REASONS, I AND MANY OF COLLEAGUES WILL BE OPPOSING THIS
LEGISLATION.
THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU, MR.
GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 228. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS BILL, BUT IF THERE ARE MEMBERS
THAT WOULD LIKE TO SUPPORT IT, PLEASE CONTACT THE MINORITY OFFICE RIGHT
AWAY.
THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
50
NYS ASSEMBLY JULY 21, 2020
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN FAVOR OF THIS
REALLY GOOD PIECE OF LEGISLATION. THOSE WHO DECIDE THAT THEY SHOULD
NOT VOTE IN FAVOR, PLEASE FEEL FREE TO CONTACT OUR OFFICES AND WE WILL BE
PLEASED TO RECORD YOUR VOTE AS SUCH.
ACTING SPEAKER JONES: THANK YOU.
MR. RYAN TO EXPLAIN HIS VOTE.
MR. RYAN: MR. SPEAKER, SPEAKER PRO TEM, MADAM
MAJORITY LEADER, THIS IS MOST LIKELY THE LAST BILL THAT I WILL DEBATE IN
THIS CHAMBER. SO TO THE STAFF AT ALL THE LEVELS, THANK YOU FOR YOUR
PATIENCE. THANK YOU FOR YOUR HARD WORK. THANK YOU FOR DOING WHAT
YOU DO TO MAKE THIS HOUSE FUNCTION. IT'S NOT EASY, BUT YOU FOLKS MAKE
IT LOOK EASY. TO ALL MY COLLEAGUES, IT WAS AN HONOR AND PRIVILEGE TO
SERVE WITH EACH OF YOU, TO LEARN ABOUT THE DIFFERENT COMMUNITIES AND
THE DIFFERENT REGIONS OF THE STATE. WE HAVE A VAST AND WE HAVE A
DIVERSE STATE. BUT ONE OF THE THINGS THAT I LEARNED FROM TALKING TO SO
MANY OF MY COLLEAGUES IS THAT WE HAVE MANY MORE SHARED
COMMONALITIES THAN WE HAVE GEOGRAPHIC DIFFERENCES. TO MY FAMILY,
WHEN I STARTED HERE ALMOST NINE YEARS AGO I HAD TWO DAUGHTERS IN
JUNIOR HIGH. NOW, SOMEHOW OR OTHER, I HAVE A COLLEGE GRADUATE AND AN
ENTERING SENIOR. SO, BOY, DOES TIME FLY. BUT THANK YOU FOR THE
SACRIFICES THAT YOU MADE IN ALLOWING ME TO TRAVEL TO ALBANY AND TO DO
THIS JOB. SO I AM REALLY PROUD OF THE NINE YEARS THAT I HAVE SPENT IN THE
NEW YORK STATE ASSEMBLY, AND THE STEPS THAT WE HAVE TAKEN TOGETHER
TO MOVE OUR -- OUR STATE FORWARD. IT WAS JUST AN HONOR AND A PRIVILEGE
TO PLAY A PART IN THIS GREAT EXPERIMENT CALLED AMERICAN DEMOCRACY.
51
NYS ASSEMBLY JULY 21, 2020
BUT IT WAS A DISTINCT HONOR TO SERVE IN THE NEW YORK STATE ASSEMBLY,
THE PEOPLE'S HOUSE.
THANK YOU VERY MUCH.
(APPLAUSE)
ACTING SPEAKER JONES: WELL SAID. THANK YOU,
MR. RYAN.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. BEFORE I ANNOUNCE
OUR EXCEPTIONS TO THIS, I JUST WANTED TO EXTEND MY APPRECIATION TO
ASSEMBLYMEMBER RYAN, WHO HAS DONE A GREAT JOB. CAME IN ON MY
CLASS, BROUGHT A LOT OF EXPERTISE, KNOWLEDGE, THOUGHTFULNESS AND HAS
DONE A GREAT JOB REPRESENTING HIS DISTRICT AND BEING PART OF OUR
ASSEMBLY HERE. SO AGAIN, THANK YOU TO MY COLLEAGUE.
ON CALENDAR NO. 128 WE HAVE THE FOLLOWING
REPUBLICAN MEMBERS VOTING YES: MR. MONTESANO, MR. SCHMITT AND
MS. MALLIOTAKIS.
THANK YOU, SIR.
ACTING SPEAKER JONES: SO NOTED. THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE HAVE
NO EXCEPTIONS, BUT WE DO ALSO WANT TO OFFER OUR CONGRATULATIONS TO MR.
RYAN ON THE SERVICE THAT HE PROVIDED HERE IN THE PEOPLE'S HOUSE. HE
DID A GREAT JOB HERE AND WE KNOW HE'LL DO GREAT JOB IN HIS NEXT VENTURE.
CONGRATULATIONS TO HIM.
ACTING SPEAKER JONES: THANK YOU.
52
NYS ASSEMBLY JULY 21, 2020
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, WE HAVE AN
OPPORTUNITY FOR THREE OF OUR DEBATE LIST BILLS TO GO ON CONSENT. IF WE
COULD TAKE THOSE RIGHT QUICK BEFORE WE GO TO CALENDAR NO. 235. SO I'M
GOING TO GO TO CALENDAR NO. [SIC] 162 BY MR. ABBATE; CALENDAR NO.
310, MR. MAGNARELLI; AND CALENDAR NO. 330 BY MS. JOYNER.
(PAUSE)
MR. SPEAKER, SHOULD I RESTATE THAT? RULES NO. 162,
CALENDAR NO. 310 AND CALENDAR NO. 330.
ACTING SPEAKER JONES: RULES REPORT NO. 162,
THE CLERK WILL READ.
THE CLERK: SENATE NO. S04495-A, RULES REPORT
NO. 162, SENATOR MARTINEZ (A05819-A, ABBATE, JEAN-PIERRE,
CYMBROWITZ). AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW AND
THE GENERAL BUSINESS LAW, IN RELATION TO AUTOMOBILE TIRE INFLATION
MACHINES.
ACTING SPEAKER JONES: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
RULES REPORT -- WILL RECORD THE VOTE ON RULES REPORT NO. 162. THIS IS
A FAST ROLL CALL. ANY MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
53
NYS ASSEMBLY JULY 21, 2020
PREVIOUSLY PROVIDED.
(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. A08091-A, CALENDAR
NO. 310, MAGNARELLI, RYAN, SIMOTAS. AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO THE RESIDENTIAL-COMMERCIAL URBAN
EXEMPTION PROGRAM.
ACTING SPEAKER JONES: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON JANUARY
1ST, 2021.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 310. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A02145, CALENDAR NO.
330, JOYNER, GOTTFRIED, SIMON, COOK, PERRY, ORTIZ, BICHOTTE, BARRON,
D'URSO, JAFFEE, COLTON, STECK, WEPRIN, WALKER. AN ACT TO AMEND THE
NEW YORK CITY CIVIL COURT ACT, IN RELATION TO REQUIRING THE OFFICE OF
COURT ADMINISTRATION TO PROMULGATE CERTAIN HOUSING COURT DOCUMENTS
54
NYS ASSEMBLY JULY 21, 2020
PROVIDED TO PARTIES IN THEIR NATIVE LANGUAGE.
ACTING SPEAKER JONES: ON A MOTION BY MS.
JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 330. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. ON THIS
PARTICULAR BILL MR. FITZPATRICK WISHES TO BE RECORDED IN THE NEGATIVE.
THANK YOU.
ACTING SPEAKER JONES: SO NOTED. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
RESTART OUR DEBATE AGENDA AGAIN, WE'RE GOING RIGHT TO
PREVIOUSLY-ANNOUNCED CALENDAR NO. 235 BY MS. WILLIAMS. FOLLOWING
THAT WE'RE GOING TO GO TO CALENDAR NO. 300 BY MS. FRONTUS. AND THEN
55
NYS ASSEMBLY JULY 21, 2020
CALENDAR NO. 237 BY MRS. PEOPLES-STOKES; CALENDAR NO. 244, MS.
ROZIC; AND CALENDAR NO. 245, MS. WALLACE. IN THAT ORDER, MR.
SPEAKER.
THANK YOU.
ACTING SPEAKER JONES: THANK YOU.
THE CLERK: ASSEMBLY NO. A06370, CALENDAR NO.
235, WILLIAMS, ARROYO, D'URSO, SIMON, M.G. MILLER, CRUZ. AN ACT TO
AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO
THE DEFINITION OF "TENANT" FOR PURPOSES OF MORTGAGE FORECLOSURES.
ACTING SPEAKER JONES: AN EXPLANATION IS
REQUESTED, MS. WILLIAMS.
MS. WILLIAMS: THANK YOU, MR. SPEAKER. THIS
BILL, A.6370, EXPANDS THE DEFINITION OF TENANT FOR THE PURPOSE OF
REQUIRED NOTICE HISTORY IN MORTGAGE FORECLOSURE ACTION.
MS. WALSH: THANK YOU VERY MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER JONES: MS. WALSH ON THE BILL.
MS. WALSH: SO I THANK THE SPONSOR FOR THAT
EXPLANATION. YES, SO CURRENTLY UNDER THE RPAPL 1305, THE -- THE
DEFINITION OF A TENANT IS A PERSON WHO AT THE TIME OF THE NOTICE OF INTENT
TO FORECLOSE IS ISSUED APPEARS AS A LESSEE ON A LEASE FOR RESIDENTIAL REAL
PROPERTY OR IS A PARTY TO AN ORAL CONTRACT REQUIRING THE PERSON TO PAY
RENT TO THE MORTGAGOR OR THE MORTGAGOR'S REPRESENTATIVE. THIS BILL
AMENDS THAT SECTION, 1305, BY ELIMINATING THE REQUIREMENT THAT THE
LANDLORD-TENANT RELATIONSHIP BE ESTABLISHED BEFORE THE MORTGAGEE OR
56
NYS ASSEMBLY JULY 21, 2020
LOAN SERVICING AGENT ISSUES THE NOTICE OF INTENT TO FORECLOSE ON THE
RESIDENTIAL REAL PROPERTY. SO BY AMENDING THE TIMEFRAME FOR WHEN THE
TENANT RELATIONSHIP IS ESTABLISHED, THE BILL PROTECTS TENANTS WHO ENTER
LEASES AFTER THE COMMENCEMENT OF A FORECLOSURE ACTION WHO UNDER THE
CURRENT LAW WOULD NOT HAVE THE AUTHORITY TO REMAIN ON THE PROPERTY OR
IN THE PROPERTY. AND I CAN UNDERSTAND THE REASON FOR THE LEGISLATION,
FOR -- TO PROTECT THE TENANTS WHO UNKNOWINGLY ENTER INTO A LEASE FOR A
PROPERTY THAT'S ALREADY SUBJECT TO THE FORECLOSURE ACTION. AND I DO
THINK THAT THAT'S A VERY LEGITIMATE DESIRE TO TRY TO PROTECT THOSE TENANTS.
THE DIFFICULTY THAT I HAVE WITH BILL AND SOME MY COLLEAGUES HAVE WITH
THE BILL IS THAT THIS BILL WILL LIKELY LENGTHEN NEW YORK'S FORECLOSURE
PROCESS WHICH IS ALREADY THE FOURTH-SLOWEST IN THE COUNTRY. IT TAKES ON
AVERAGE TWO-AND-A-HALF YEARS TO COMPLETE AN AVERAGE FORECLOSURE
ACTION. SO, BY ALLOWING TENANTS TO LIVE OUT THEIR LEASE ON THE PROPERTY
THAT'S BEEN FORECLOSED, THE BILL WILL CREATE A SITUATION WHERE A
FORECLOSURE IS COMPLETE, YET THE PROPERTY IS STILL ENCUMBERED BY A
HOLDOVER TENANT. THIS WILL ONLY SERVE TO EXACERBATE THE CURRENT ISSUES
OF MAINTAINING HOMES SUBJECT TO FORECLOSURE AND WILL ULTIMATELY
LENGTHEN NEW YORK'S FORECLOSURE PROCESS EVEN MORE. AND SO FOR THOSE
REASONS, WHEN THIS BILL LAST CAME UP FOR A VOTE ON THE CALENDAR IN 2018
WE HAD A NUMBER OF OUR COLLEAGUES VOTE IN THE NEGATIVE, AS I WILL BE.
BUT I THANK THE SPONSOR FOR YOUR EFFORTS, AND THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
57
NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 235. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS BILL. AND
SHOULD ANY MEMBER OF OUR CONFERENCE WISH TO VOTE IN THE AFFIRMATIVE,
THEY SHOULD CONTACT THE MINORITY LEADER'S OFFICE ASAP. THANK YOU.
ACTING SPEAKER JONES: THANK YOU.
AND MRS. COOK.
MRS. COOK: YES. THIS WILL BE A MAJORITY VOTE.
ANYONE WISHING TO VOTE DIFFERENT CAN CONTACT THE MAJORITY LEADER'S
OFFICE.
ACTING SPEAKER JONES: MAJORITY IN THE
AFFIRMATIVE.
MRS. COOK: A PARTY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER JONES: THANK YOU.
(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. A07970, CALENDAR NO.
300, FRONTUS, BUCHWALD. AN ACT TO AMEND THE FAMILY COURT ACT, IN
58
NYS ASSEMBLY JULY 21, 2020
RELATION TO VIDEO RECORDING OF INTERROGATIONS OF JUVENILES IN JUVENILE
DELINQUENCY PROCEEDINGS IN FAMILY COURT.
MS. WALSH: AN EXPLANATION, PLEASE.
ACTING SPEAKER JONES: ON A MOTION BY MS.
FRONTUS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED, MS. FRONTUS.
MS. FRONTUS: THANK YOU, MR. SPEAKER. THIS BILL,
A.7970, WOULD REQUIRE VIDEO RECORDING OF YOUTH INTERROGATIONS BY
POLICE OR PEACE OFFICERS WHEN SUCH INTERROGATIONS TAKE PLACE IN A
DESIGNATED FACILITY APPROVED FOR THE QUESTIONING OF SUCH YOUTH. SUCH
VIDEO REPORTING PROTECTS THE RIGHTS OF YOUTH, PRODUCES AN OBJECTIVE AND
RELIABLE RECORD, AND INCREASES PUBLIC CONFIDENCE IN THE JUSTICE SYSTEM.
ACTING SPEAKER JONES: MS. WALSH.
MS. WALSH: THANK YOU. WILL THE SPONSOR YIELD FOR
A FEW QUESTIONS?
MS. FRONTUS: GLADLY.
MS. WALSH: WONDERFUL.
ACTING SPEAKER JONES: THE SPONSOR YIELDS.
MS. WALSH: SO, MS. FRONTUS, I'D LIKE YOU TO, IF YOU
WOULD, PLEASE CONTRAST THIS PIECE OF LEGISLATION WITH WHAT WE PASSED
EARLIER THIS YEAR IN THE BUDGET REGARDING THE VIDEOTAPING OF JUVENILES.
MS. FRONTUS: CERTAINLY. AS IT IS NOW, THE CURRENT
LAW ONLY REQUIRES RECORDING OF JUVENILE DELINQUENTS FOR CERTAIN CRIMES.
SPECIFICALLY, LET'S SEE, THAT INCLUDES ANY YOUTH THAT WERE CHARGED WITH
59
NYS ASSEMBLY JULY 21, 2020
SELECT CRIMES SUCH AS CLASS A-1 FELONIES, PREDATORY SEX OFFENSES AND
ANY CLASS E VIOLENT FELONIES, HOMICIDES OR SEX OFFENSES. SO WHAT THIS
BILL WOULD DO IS IT WOULD MAKE IT REGARDLESS OF THE CRIME, AND EXPAND
IT TO ALL YOUTH JUVENILE DELINQUENTS THAT ARE COMING IN FOR QUESTIONING.
MS. WALSH: OKAY. SO I'D LIKE TO ASK YOU ABOUT THE
-- THE KIND OF ROOM THAT THE VIDEOTAPED INTERROGATION NEEDS TO TAKE
PLACE IN. IT NEEDS -- IS IT TRUE THAT IT NEEDS TO BE OCA APPROVED?
MS. FRONTUS: IT DOES. IT DOES NEED TO BE OCA
APPROVED.
MS. WALSH: AND DO YOU HAVE ANY IDEA OF WHAT
OTHER COMPONENTS OF THE KIND OF ROOM THAT OCA APPROVES IN THIS
INSTANCE?
MS. FRONTUS: WE DON'T HAVE EXACT VERBIAGE FROM
OCA BUT WE IMAGINE THAT IT'S PRETTY STANDARD. A ROOM THAT IS FIT,
APPROPRIATE, COMFORTABLE, NON-THREATENING FOR THE YOUTH THAT'S BEEN
BEING QUESTIONED.
MS. WALSH: OKAY. VERY GOOD. NOW WITH THIS
PIECE OF LEGISLATION ARE THERE ANY EXCEPTIONS? I KNOW THAT AS FAR AS THE
-- THE NUMERATED, YOU KNOW, CHARGES THAT EVERYTHING -- EVERY JUVENILE
WOULD BE WHERE THERE'S AN INTERROGATION REGARDLESS OF CRIME UNDER THIS
-- THIS LEGISLATION, BUT ARE THERE ANY EXCEPTIONS FOR, FOR EXAMPLE, LIKE
MALFUNCTIONING EQUIPMENT OR MAYBE -- MAYBE THEY DON'T HAVE THE
EQUIPMENT OR ANYTHING LIKE THAT?
MS. FRONTUS: THERE IS LANGUAGE INCLUDED IN THE
BILL. IT'S THE GOOD CAUSE EXEMPTIONS. YOU'RE ABSOLUTELY CORRECT. IT
60
NYS ASSEMBLY JULY 21, 2020
DOES MAKE PROVISIONS IN THE EVENT THAT A CAMERA IS NOT WORKING OR ONE
IS NOT AVAILABLE. FOR EXAMPLE, IF THERE'S ONLY ONE CAMERA ON THE
PREMISES AND IT IS IN USE.
MS. WALSH: AND COULD YOU DIRECT ME TO THAT PART
OF THE BILL, PLEASE?
MS. FRONTUS: CERTAINLY IT WOULDN'T FORBID LAW
ENFORCEMENT IN QUESTION FROM USING THEIR OWN CAMERA IF THEY HAD
SOMETHING ON THEIR PERSON, LIKE, YOU KNOW, A CELL PHONE. BUT THE
LANGUAGE IS INCLUDED FOR A GOOD CAUSE EXEMPTION.
MS. WALSH: OKAY. AND COULD YOU JUST DIRECT ME
TO THAT PART OF THE BILL, PLEASE?
MS. FRONTUS: SURE. SO, LINES 10-11 IN PARAGRAPH
(B).
MS. WALSH: PARAGRAPH (B).
MS. FRONTUS: LINES 10 THROUGH 11 WHICH
REFERENCE PARAGRAPH (B).
MS. WALSH: OKAY. THANK YOU VERY MUCH FOR THAT.
WAS THERE ANY -- HAS THERE BEEN ANY KIND OF FEEDBACK THAT HAS BEEN
RECEIVED REGARDING THE EARLIER LEGISLATION THAT WAS PASSED IN THE BUDGET
AS FAR AS HOW THINGS ARE WORKING OUT? HAS IT -- IS IT IN EFFECT YET, WHAT
HAD BEEN PASSED BACK IN -- EARLIER THIS YEAR?
MS. FRONTUS: SO, RECORDING EXISTS NOW. CERTAINLY
BEFORE THE BUDGET, INDEED, AFTER THE BUDGET. THIS IS AN EXPANSION OF ALL
VIDEO RECORDINGS, AND I CAN CERTAINLY SAY A LITTLE BIT MORE IN TERMS OF
WHY THAT'S IMPORTANT BECAUSE HISTORICALLY, AS YOU KNOW, WE'VE HAD A
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NYS ASSEMBLY JULY 21, 2020
NUMBER OF SITUATIONS WITH FALSE CONFESSIONS. THIS PROCESS WOULD
ENSURE THE TRANSPARENCY AND INTEGRITY OF THE VIDEO RECORDING PROCESS
WHEN SPEAKING TO JUVENILES.
MS. WALSH: SO YOU'RE SAYING THAT EVEN PRIOR TO THIS
YEAR'S BUDGET THERE WAS ALREADY JUVENILE INTERROGATIONS BEING
VIDEOTAPED IN THE --
MS. FRONTUS: INDEED. THAT WAS ONE OF THE FIRST
THINGS I SAID. BUT THIS IS EXPANDING IT. IT WAS ONLY REQUIRED FOR CERTAIN
CRIMES.
MS. WALSH: RIGHT. SO BUT WHAT I -- I GUESS WHAT I
WAS TRYING TO GET AT WAS DURING THE BUDGET, THAT PIECE OF LEGISLATION
DIDN'T JUST ESTABLISH THE RULES FOR CONDUCTING INTERROGATION OF JUVENILES.
THAT PREDATED THE -- THE BUDGET PROCESS THIS YEAR. IT WAS ALREADY IN
PLACE. SO WHAT DID THE -- WHAT DID THE LEGISLATION THAT PASSED DURING
THE BUDGET DO THAT WAS DIFFERENT?
MS. FRONTUS: SO REALLY I THINK YOU MIGHT BE
TALKING ABOUT SOME LAWS THAT WERE PASSED IN 2017.
MS. WALSH: OKAY.
MS. FRONTUS: WHICH IS WHERE WE HAVE THE CURRENT
PRECEDENCE NOW --
MS. WALSH: OKAY.
MS. FRONTUS: -- FOR RECORDING FOR CERTAIN CRIMES.
MS. WALSH: OKAY. SO UNDER THIS BILL, THEN, IF YOU
HAVE A JUVENILE WHO'S CHARGED AND THE INTERROGATION TAKES PLACE AND IS,
FOR WHATEVER REASON, NOT VIDEOTAPED, WHETHER IT'S -- THERE'S
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MALFUNCTIONING EQUIPMENT OR THERE'S SOME OTHER GOOD CAUSE, WHAT -- IS
THERE -- IS THERE ANY PENALTY FOR THE FAILURE TO HAVE RECORDED THAT?
WOULD IT -- WOULD AN INTERROGATION BE ADMISSIBLE OR A CONFESSION BE
ADMISSIBLE IF IT WAS NOT VIDEOTAPED, UNDER YOUR BILL?
MS. FRONTUS: IF IT -- IF THERE'S NOT A VIDEO
RECORDING, IT DOESN'T NECESSARILY AND ABSOLUTELY MEAN THAT ANYTHING
THAT'S SAID BY THE JUVENILE WOULD NOT BE TAKEN -- WOULD NOT BE
CONSIDERED AN ADMISSION. IT WOULD BE BASED ON A CASE-BY-CASE BASIS.
MS. WALSH: SO IT COULD BE -- IT COULD BE
ADMISSIBLE THAT --
MS. FRONTUS: IT CERTAINLY COULD BE. THEY WOULD
LOOK AT A NUMBER OF THINGS, LIKE ARE THE PARENTS PRESENT, WHERE WAS IT
TAKEN, WHERE WAS THE INTERROGATION TAKING PLACE.
MS. WALSH: OKAY. ALL RIGHT. VERY GOOD. THANK
YOU SO MUCH, MS. FRONTUS.
MS. FRONTUS: SURE.
MS. WALSH: MR. SPEAKER, ON THE BILL.
MS. FRONTUS: OF COURSE.
ACTING SPEAKER JONES: ON THE BILL, MS.
WALSH.
MS. WALSH: THANK YOU. SO, THIS IS QUITE AN
EXPANSION FROM THE CURRENT STATE OF OUR LAW. THE -- BY HAVING IT
INCLUDE ALL INTERROGATIONS REGARDLESS -- OF JUVENILES REGARDLESS OF THE
SEVERITY OF THE CRIME. THERE -- THERE IS SOME CONCERN BY ORGANIZATIONS,
PARTICULARLY THE NEW YORK STATE SHERIFFS ASSOCIATION. AND SO I WOULD
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JUST LIKE TO TRY TO KIND OF SUMMARIZE WHAT THEIR CONCERNS ARE FOR MY
COLLEAGUES. THE SHERIFFS ASSOCIATION SAYS THAT THEY'RE GENERALLY
SUPPORTIVE OF THE IDEA OF VIDEO RECORDING INTERROGATIONS, BUT THAT THIS
LEGISLATION IS FAR LESS FLEXIBLE THAN WHAT THE CURRENT STATE OF LAW WAS
AND IT'S AN ABSOLUTE MANDATE THAT ALL INTERROGATIONS OF JUVENILE
DELINQUENTS THAT TAKE PLACE IN INTERVIEW ROOMS APPROVED FOR THE
QUESTIONING OF JUVENILES BY OCA BE RECORDED. ONE OF THE CONCERNS IS
THAT THE -- THE KIND OF ROOM THAT OCA MIGHT APPROVE IS GENERALLY
GOING TO HAVE A FEEL OF MORE LIKE AN OFFICE OR SOMETHING THAT'S
FRIENDLIER THAN, LIKE, A -- LIKE A BOOKING AREA OR SOMETHING LIKE THAT.
AND THAT -- BUT THE PROBLEM WITH THAT IS THAT THE ROOM THAT OCA MIGHT
APPROVE MIGHT NOT BE THE PLACE WHERE A PARTICULAR PRECINCT OR LOCATION
HAS THE VIDEO EQUIPMENT. SO IT MAY CREATE ADDITIONAL COSTS FOR LAW
ENFORCEMENT TO HAVE TO SET UP A SEPARATE ROOM THAT WOULD BE AN
OCA-APPROVED ROOM FOR A JUVENILE INTERROGATION. AND THE OTHER
POINT, REALLY, THAT THEY'RE MAKING IS THAT WE -- WE REALLY SHOULD LET THE
CURRENT LAW KIND OF PROCEED AS IT HAS BEEN FOR A PERIOD OF TIME AND GET
SOME FEEDBACK ABOUT HOW THAT'S WORKING BEFORE WE GO AHEAD AND
CHANGE IT AGAIN TO EXPAND IT TO THIS EXTENT.
SO FOR THOSE REASONS, SOME OF MY COLLEAGUES MAY
HAVE SOME ISSUES WITH THIS PARTICULAR PIECE OF LEGISLATION. AND THE
OTHER THING -- THE ONLY OTHER THING I WOULD LIKE TO -- TO MENTION IS THAT
THE -- THE GOOD FAITH EXEMPTIONS TO THE RECORDING REQUIREMENT, THERE
WERE CONCERNS RAISED ABOUT THAT. AND I DO THINK, THOUGH, THAT THE
SPONSOR ADDRESSED THAT IN HER COMMENTS, SO I WON'T, YOU KNOW, BELABOR
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THAT. BUT I THINK IT'S GOOD, THE IDEA THAT THERE WOULD BE -- IF THERE IS
MALFUNCTIONING EQUIPMENT OR THERE WAS JUST SOME PROBLEM THAT THAT
WOULD NOT NECESSARILY RENDER ANY KIND OF INTERROGATION COMPLETELY
INADMISSIBLE, THAT THERE WOULD BE FACTORS THAT WOULD BE CONSIDERED BY
THE COURT CONSIDERING THE MATTER.
SO THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU, MS.
WALSH.
MR. BARRON.
MR. BARRON: THANK YOU, MR. SPEAKER. OBVIOUSLY
SOME OF MY COLLEAGUES UP IN HERE DON'T UNDERSTAND WHAT'S GOING ON IN
OUR BLACK AND BROWN COMMUNITIES WITH OUR YOUTH. AND I NEED ONLY
TO POINT TO THE CENTRAL PARK JOGGER CASE WHERE INNOCENT YOUNG MEN
WERE INTEGREGATED -- INTERROGATED BY POLICE FOR HOURS. SOME BEFORE
THEIR PARENTS CAME. SOME WHILE THEIR PARENTS WERE SITTING THERE. THEY
WERE THREATENING THEM, THEY WERE LYING TO THEM, SAYING THAT THE OTHER
YOUNG MAN TOLD ON THEM. AND THEY COERCED FALSE CONFESSIONS FROM
THEM, EVEN WHEN THEY KNEW THAT SOME OF THE CONFESSIONS WAS NOT --
WERE NOT CONSISTENT WITH THE FORENSIC EVIDENCE. NONE OF THEM HAD NO
SEMEN ON -- NO LEAVES, NOTHING LIKE THAT. BUT THEY COERCED A
CONFESSION OUT OF THESE YOUNGSTERS, ONLY TO FIND OUT YEARS LATER AFTER
THEY RUINED THEIR LIVES, JUST ABOUT, TO FIND OUT THAT THEY WERE INNOCENT.
THAT DNA WAS FOUND ON SOMEONE WHO WAS IN JAIL ALREADY AND
CONFESSED TO THE CRIME. THIS INTERROGATIVE -- INTERROGATION PROCESS
HAPPENS ON A REGULAR. SO WHILE YOU CAN SAY INTELLECTUALLY, LET'S JUST
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WAIT AND SEE HOW THIS WORKS, WHILE YOU'RE WAITING TO SEE, OUR YOUNG
PEOPLE ARE GOING TO JAIL, ARE BEING FORCED INTO CONFESSIONS, CRIMES THAT
THEY DID NOT COMMIT. THE INNOCENCE PROJECT HAS LOT OF THAT WITH YOUTH
AND ADULTS. I HAD ANOTHER CASE IN THE CHANEL LEWIS CASE, OF THE YOUNG
LADY WHO WAS KILLED ON HOWARD BEACH. THEY INTERROGATED HIM FOR
HOURS TILL HE FINALLY SAID WHAT THEY HAD WRITTEN DOWN AND TOLD HIM TO
SAY. AND THEN THEY CAME UP WITH ALL KINDS OF STUFF. WE EVEN FOUND
THAT THERE'S WAYS THAT THEY CAN TAMPER WITH DNA EVIDENCE SO THAT IT'S
NOT, YOU KNOW, LIKE, JUST PERFECTLY DONE SO THAT YOU CANNOT DENY DNA
EVIDENCE. THEY EVEN HAVE WAYS TO MANIPULATE THAT. SO THIS BILL
MAINLY EXPANDS IT AND SAYS, YOU KNOW, LIKE, ANY YOUNGSTER BROUGHT IN
THERE -- AND THEY GOT TO REALLY VIDEO THEM FROM THE BEGINNING TO THE
END. IN THE CENTRAL PARK JOGGER CASE THEY DIDN'T VIDEO ALL OF IT UNTIL
THEY FINALLY GOT WHAT THEY WANTED THEM TO SAY, THEN THEY TURNED THE
CAMERAS ON. IT DOESN'T MATTER WHAT ROOM THEY'RE IN IF YOU'RE GOING TO
COERCE THEM AND NOT LET THEM EAT AND -- AND SCARE THEM AND NOT THEM
SEE THEIR PARENTS FOR HOURS, AND THEN TELL THEIR PARENTS THAT THEY'RE GOING
TO GO TO JAIL FOR LIFE. IF THEY DON'T DO THIS, WE CAN GIVE THEM A BREAK.
SO YOU HAVE NO IDEA WHAT'S GOING ON IN OUR COMMUNITIES WITH THESE
POLICE AND HOW THEY INTERROGATE OUR YOUTH AND HOW THEY GO FISHING
SOMETIMES WHEN THEY DON'T EVEN KNOW WHAT THESE YOUNGSTERS HAD
ANYTHING TO DO WITH A MURDER, FOR INSTANCE, IN A PARTICULAR COMMUNITY.
AND THEY'LL PICK THEM UP FOR LOITERING AND SAY, WE KNOW THAT YOU WERE
THE ONE WHO WAS INVOLVED IN THAT KILLING, THEN, NO, I WASN'T. AND THEY
SAY, YEAH, BUT ALL YOUR FRIENDS TOLD US IT WAS YOU, AND, YOU KNOW, THEY
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HAVE WAYS OF COERCING FALSE CONFESSIONS. IT HAPPENS ALL THE TIME. SO
THIS BILL SAYS NO, ANY CRIME WITH A YOUNGSTER. AND WHAT ARE YOU AFRAID
OF? WHAT ARE YOU AFRAID OF? WHAT YOU TRYING TO HIDE THAT YOU CAN'T
HAVE THIS KIND OF TRANSPARENCY WHEN IT COMES TO OUR YOUTH WHO ARE
BEING FALSELY ACCUSED AND GOING TO JAIL AS WE SPEAK? IT HAPPENS EVERY
DAY IN OUR COMMUNITY. WE DON'T HAVE TIME TO WAIT TO SEE WHAT
HAPPENS. WHY WAIT WHEN YOU CAN DO IT NOW?
I SUPPORT THIS BILL AND I SUGGEST THAT ALL MY COLLEAGUES
SUPPORT IT. AND THOSE OF MY COLLEAGUES WHO HAVE NO CLUE AS WHAT'S
GOING ON IN OUR NEIGHBORHOODS, YOU SHOULD GO TO SOME POLICE
PRECINCTS AND TAKE A TRIP IN THERE AND JUST -- MATTER OF FACT, PUT ON A
DISGUISE. DON'T LET THEM KNOW WHO YOU ARE. YOU WILL SEE IT LIKE I'VE
SEEN IT MANY, MANY TIMES. THIS IS A GOOD BILL AND I SUGGEST THAT WE
SUPPORT IT.
ACTING SPEAKER JONES: THANK YOU, MR.
BARRON.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER JONES: WILL THE SPONSOR
YIELD?
MS. FRONTUS: ABSOLUTELY.
ACTING SPEAKER JONES: SHE WILL YIELD, YES.
MR. REILLY: THANK YOU, MS. FRONTUS. SO, I KNOW
THAT WE TOUCHED ON A LITTLE BIT -- MY COLLEAGUE EARLIER MENTIONED ABOUT
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THE DESIGNATED ROOM AND WHERE THE CAMERA WOULD BE SET UP. ARE THERE
ANY FUNDS ALLOCATED FOR POLICE DEPARTMENTS AND PRECINCTS THROUGHOUT
THE STATE TO IMPLEMENT THIS WITH A PORTABLE CAMERA IF THE NEED BE?
MS. FRONTUS: THERE ARE -- THANK YOU SO MUCH FOR
THAT QUESTION. IN FACT, WE KNOW THAT SINCE 2011 THE GOVERNOR
ANNOUNCED THAT THE STATE OF NEW YORK HAS INVESTED SOME $4.15
MILLION FOR POLICE DEPARTMENTS ACROSS THE STATE TO PURCHASE AND INSTALL
RECORDING EQUIPMENT. OVER THE YEARS THE DEPARTMENTS HAVE BEEN
RECEIVING VIDEO EQUIPMENT, SO MOST OF OUR STATIONS ARE EQUIPPED WITH
THE CAMERAS SO THAT THEY CAN DO THE VIDEO RECORDING.
MR. REILLY: THANK YOU. SO TAKE NEW YORK CITY,
FOR INSTANCE. THERE'S APPROXIMATELY 10- TO 14,000 JUVENILES ARRESTED
EACH YEAR FOR MINOR INFRACTIONS. IF THEY ARE GOING TO -- SO WOULD THIS
BILL COVER PEDIGREE INFORMATION, NORMAL ARREST PROCESSING? JUST FOR
CLARIFICATION.
MS. FRONTUS: SO -- AND THAT'S A GOOD QUESTION.
FOR CLARIFICATION PURPOSES, THIS BILL IS TALKING ABOUT JUVENILE
DELINQUENTS, WHICH I BELIEVE IS A DCJS --
(PAUSE)
-- BUT IT'S -- INDEED, INDEED. SO GOING BACK TO YOUR
QUESTION AND GOING BACK TO WHAT I WAS SAYING, IT IS ONLY REFERRING TO
JUVENILE DELINQUENTS, PER SE, WHICH IS A COMBINATION OF THE YOUNG
PERSON'S AGE AND THE CRIME THAT THEY COMMITTED ALLEGEDLY. THE REASON
WHY THEY'RE BEING BROUGHT IN.
MR. REILLY: OKAY. SO SAY A 16- AND 17-YEAR-OLD
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NYS ASSEMBLY JULY 21, 2020
THAT IS ARRESTED FOR PETTY LARCENY, WOULD THAT -- WOULD THAT CONSTITUTE
THE -- IF THEY'RE DOING A PEDIGREE, INFORMATION ON THAT VIOLATION OF THE
PENAL LAW THAT WILL MOST LIKELY BE PROSECUTED IN FAMILY COURT, WOULD
THAT BE REQUIRED TO HAVE A VIDEOTAPE WHEN THEY'RE TALKING ABOUT
PEDIGREE INFORMATION?
MS. FRONTUS: IT'S, FRANKLY, ANYBODY WHO CAN BE
CONVICTED AS A JUVENILE DELINQUENT, THIS WOULD COME INTO PLAY.
MR. REILLY: SO WHEN -- WHEN YOU'RE -- WHEN A
POLICE OFFICER IS PROCESSING THE ARREST IN THE JUVENILE ROOM AND THEY ARE
FILLING OUT THE ONLINE BOOKING SHEET, MAYBE THE FAMILY COURT
PAPERWORK, WHEN THEY'RE ASKING THEM SPECIFIC QUESTIONS AS TO THE
ARREST OF THEIR PEDIGREE, WOULD THAT HAVE TO BE RECORDED?
MS. FRONTUS: YOU'RE TALKING ABOUT DURING THE
ARREST, BEFORE THE STATION?
MR. REILLY: NO, AT THE STATION HOUSE IN THE -- IN
THE ROOM -- THE JUVENILE ROOM DESIGNATED BY OCA WHILE THEY'RE --
WHILE THEY ARE CONDUCTING THE ARREST PAPERWORK --
MS. FRONTUS: YES.
MR. REILLY: -- AND THEY'RE SPEAKING TO THE
INDIVIDUAL WHO WAS ARRESTED, THE JUVENILE, WOULD -- WOULD THAT HAVE TO
BE RECORDED IN THAT ROOM?
MS. FRONTUS: IT'S FROM MIRANDA RIGHTS THROUGHOUT
THE INTERROGATION ITSELF.
MR. REILLY: OKAY. SO -- SO WOULD PEDIGREE
INFORMATION TO FILL OUT THE ONLINE BOOKING SHEET, WHICH IS THE ARREST
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PROCESSING PAPERWORK, WOULD THAT BE RECORDED?
MS. FRONTUS: THERE'S NO REASON WHY THAT WOULD
BE RECORDED --
MR. REILLY: OKAY.
MS. FRONTUS: -- UNDER -- UNDER THESE GUIDELINES.
MR. REILLY: OKAY. THANK YOU. SO, UNDER -- I
KNOW WE SPOKE ABOUT A LITTLE BIT -- YOU SPOKE A LITTLE BIT BEFORE WITH
MY COLLEAGUE ABOUT THE GOOD CAUSE EXCEPTIONS --
MS. FRONTUS: YES.
MR. REILLY: -- SO EXCUSE ME, ONE SECOND. SORRY.
WITH THE GOOD CAUSE EXCEPTION, THE -- UNDER 60.45 OF THE CPL, THE -- IF
-- IF AN INDIVIDUAL, A YOUTH, AND THEIR -- A JUVENILE AND THEIR PARENT ARE
PRESENT AND THEY'RE WILLING TO TALK TO THE OFFICER OR THE INVESTIGATOR BUT
THEY DO NOT WANT TO BE RECORDED, IS THERE A PROVISION THAT WILL ALLOW
THEM IN THIS LAW, IN THIS BILL, TO MOVE FORWARD AND -- AND GIVE
PERMISSION TO SPEAK WITHOUT BEING RECORDED?
(PAUSE)
MS. FRONTUS: SO THE QUESTION IS WHETHER THE
YOUTH WHO IS UNDER INTERROGATION SAYS THAT THEY DON'T WANT TO BE
RECORDED?
MR. REILLY: AND THEIR PARENT AS WELL, OR THE
GUARDIAN. IF THEY ARE WILLING TO SPEAK TO THE OFFICERS OR INVESTIGATORS
BUT THEY DO NOT WANT TO BE RECORDED, IS THAT PERMISSIBLE UNDER THIS BILL?
MS. FRONTUS: YES, THE PARENTS HAVE A RIGHT TO
WAIVE.
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MR. REILLY: TO WAIVE THE RECORDING.
MS. FRONTUS: YES.
MR. REILLY: OKAY. SO THEY'RE -- SO ONCE IT'S
TRANSFERRED TO FAMILY COURT FOR THE PROCEEDINGS, WILL IT -- WILL THAT
IMPACT THE VALIDITY OF WHATEVER IS DISCUSSED IN THAT INTERROGATION THAT'S
NOT RECORDED?
MS. FRONTUS: NO, WE SAID EARLIER THAT IT WOULDN'T
BE.
MR. REILLY: AND THAT'S UNDER THE GOOD CAUSE
EXCEPTION?
MS. FRONTUS: IT'S A GOOD CAUSE EXEMPTION AND IT
WOULD ALSO BE UP TO THE JUDGE. BUT WE UNDERSTAND THAT IT'S NOT GOING TO
BE POSSIBLE IN EVERY INSTANCE, SO IT DOESN'T INVALIDATE WHAT'S SAID
WITHOUT THE VIDEO RECORDING. BUT THE PREFERENCE IS FOR AS MANY VIDEO
RECORDINGS AS POSSIBLE.
MR. REILLY: IS THERE -- IS THERE ANYTHING IN THE BILL
THAT WILL DELINEATE HOW THAT CAN BE RECORDED? I KNOW DCJS PUT OUT
SOME GUIDANCE UNDER THE 60.45. BUT IS THERE ANY -- ANYTHING THAT WE
CAN SPECIFICALLY HAVE IN THIS BILL TO ENSURE THAT THAT'S DOCUMENTED?
MS. FRONTUS: TO ENSURE WHAT NOW? I'M SORRY.
MR. REILLY: TO ENSURE THAT THE DOCUMENT -- THAT
IT'S DOCUMENTED OR A PROTOCOL IN PLACE WHERE THE PARENT, THE GUARDIAN
AND THE JUVENILE CAN WAIVE THAT RECORDING. OR WOULD THAT FALL -- WOULD
THAT FALL UNDER THE GUIDANCE UNDER THE GOOD CAUSE?
MS. FRONTUS: YES, IT WOULD BE. AND IT'S ALREADY
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ESTABLISHED BY DCJS. IT'S IN THE LANGUAGE OF THE BILL, LINES 10 AND 11,
WHAT YOU'RE ASKING.
MR. REILLY: LINES 10 AND 11? LET ME TAKE A LOOK.
SO THAT -- JUST UNDER SECTION -- PARAGRAPH (E) OF 60.45 YOU'RE SAYING?
MS. FRONTUS: IT'S -- YES, MAKING REFERENCE TO
PARAGRAPH (E).
MR. REILLY: FAIR ENOUGH. OKAY. THANK YOU.
THANK YOU FOR YOUR TIME. I APPRECIATE YOU ANSWERING THE QUESTIONS.
MS. FRONTUS: YOU'RE VERY WELCOME. THANK YOU.
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: YES, MR. SPEAKER. WOULD THE
SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MS. FRONTUS, WILL YOU
YIELD?
MS. FRONTUS: ABSOLUTELY.
ACTING SPEAKER AUBRY: MS. FRONTUS YIELDS.
MR. MANKTELOW: THANK YOU SO MUCH. JUST A
COUPLE OF QUICK QUESTIONS. I SEE IN THE BILL THAT THIS WOULD TAKE EFFECT
AFTER NOVEMBER 1. IT WOULD BE NOVEMBER 1 OF NEXT YEAR, CORRECT?
MS. FRONTUS: YES.
MR. MANKTELOW: SO I -- I WOULD ANTICIPATE
WHEN WE GO THROUGH THE BUDGET PROCESS THIS COMING SPRING, EARLY
SPRING, WILL THERE -- WILL THERE BE ANY FUNDING IN THERE FOR -- LET ME GO
BACK TO ANOTHER QUESTION FIRST. WHAT DO YOU -- HOW DO YOU SEE ONE OF
THESE ROOMS, INTERROGATING ROOMS, LOOKING LIKE FOR THESE YOUNG
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PEOPLE? IS IT SOMETHING DIFFERENT THAN WHAT WOULD BE IN A JAIL RIGHT
NOW OR IN A BOOKING ROOM OR JUST EXACTLY THE SAME THAT'S THERE?
MS. FRONTUS: NO. I HAVE TO BE HONEST. I MEAN,
THE FOCUS -- AS ONE OF MY COLLEAGUES SAID EARLIER, THE FOCUS REALLY HASN'T
BEEN ON THE ROOM OR THE NATURE OF THE ROOM. IT'S REALLY THE ESSENCE AND
THE SPIRIT OF THE BILL, WHICH IS EXPANDING VIDEO RECORDING OF JUVENILES
TO PREVENT ANY ABUSE OF POWER, ANY FALSE CONFESSIONS, ANY WRONGFUL
CONVICTIONS, WHICH HAS BEEN A PROBLEM HERE IN THE STATE OF NEW YORK.
THE ROOM -- THE STANDARDS FOR THE ROOM ARE SET BY ENTITIES SUCH AS
OCA, DCJS. SO, STANDARD ROOMS SUCH AS THE ONES THAT WE'RE USING
NOW, IT'S NOT REALLY ABOUT THAT.
MR. MANKTELOW: OKAY. BECAUSE I'M JUST
THINKING ABOUT SOME OF OUR SMALLER MUNICIPALITIES THAT PROBABLY DON'T
HAVE THE EXACT SAME ROOM THAT'S THERE, OR AS MY FORMER COLLEAGUE SAID,
WAS WONDERING ABOUT THE -- THE COST OF THE VIDEO EQUIPMENT AND --
MS. FRONTUS: SURE.
MR. MANKTELOW: I HAVE A CONCERN ABOUT THAT
BECAUSE I JUST DON'T ALWAYS LIKE TO SHIP THE MONEY, THE COST BACK TO OUR
LOCAL MUNICIPALITIES. I JUST WANT TO BE SURE THAT WE HAVE FUNDING IN
THERE AND THAT THEY'RE ALLOWED TO USE THAT FUNDING TO KEEP OUR TAXES
DOWN BACK HOME. AND IF WE'RE GOING TO SEND A -- IF WE'RE GOING TO
SEND THIS DOWN FROM THE STATE, I THINK THERE SHOULD BE FUNDING
ATTACHED TO IT. IF THERE'S NOT, I REALLY DON'T WANT TO SUPPORT IT UNLESS
THERE IS. BUT I THINK IT'S A -- IT'S A GOOD BILL AND I DO AGREE WITH MOST OF
THE BILL. SO THAT -- THAT WAS ONE OF MY POINTS.
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NYS ASSEMBLY JULY 21, 2020
THE SECOND POINT OR THE QUESTION I HAD WAS, IF THIS BILL
PASSES AND IS SIGNED INTO LAW AND IT DOES TAKE EFFECT NOVEMBER 1,
2021, WHAT HAPPENS IF THE LOCAL MUNICIPALITY CAN AFFORD IT OR CAN'T DO
IT? WILL THEY BE AFFORDED THE SAME -- THE SAME THINGS THAT WE ARE
AFFORDED HERE AT THE CAPITOL? LIKE, FOR INSTANCE, PRIOR TO MY TIME
BEING HERE IT'S MY UNDERSTANDING THAT THERE WAS A BILL PASSED THAT WE
WOULD DO RECORDINGS OF ALL THE COMMITTEE MEETINGS. AND I KNOW THAT'S
NOT HAPPENING. I KNOW -- I BELIEVE IT WAS SIGNED INTO LAW. ARE THEY
GOING TO BE AFFORDED THOSE SAME CUSHIONS THAT WE HAVE HERE IN -- IN THE
STATE CAPITOL?
MS. FRONTUS: UNFORTUNATELY -- I'M SO SORRY. I
HEARD EVERYTHING YOU SAID EXCEPT THE WORDS AFTER WHAT WOULD HAPPEN
IF THE LOCAL MUNICIPALITIES AND THEN I DIDN'T HEAR AFTER THAT. WHAT
WOULD HAPPEN IF THEY WHAT?
MR. MANKTELOW: I'M SORRY. CAN YOU HEAR ME
NOW?
MS. FRONTUS: YES. I'M KIND OF LEANING IN.
MR. MANKTELOW: I APOLOGIZE. I SHOULD HAVE
CAME DOWN TO THE FLOOR. I APOLOGIZE. I'M JUST CONCERNED ABOUT THE
LOCAL MUNICIPALITIES. WOULD YOU LIKE ME TO RUN DOWN THERE REALLY
QUICK?
MS. FRONTUS: NO, NO, NO. WE'RE LISTENING. YOU
CAN GO AHEAD.
MR. MANKTELOW: ALL RIGHT. I'M JUST CONCERNED
THAT IF A LOCAL MUNICIPALITY DOESN'T HAVE THE FUNDING TO PUT THIS INTO
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NYS ASSEMBLY JULY 21, 2020
PLACE --
MS. FRONTUS: I SEE.
MR. MANKTELOW: -- TO MAKE THE PURCHASE AND
NOVEMBER 1, 2021 COMES INTO PLAY, ARE THEY GOING TO BE AFFORDED THE
SAME PLEASURES THAT WE HAVE HERE AT THE STATE CAPITOL WHEN WE'VE
PASSED BILLS HERE BUT WE DON'T MAKE IT HAPPEN AND IT STILL HASN'T
HAPPENED FOR TWO YEARS SINCE I'VE BEEN HERE. ARE THEY GOING TO BE
ALLOWED TO DO THAT AS WELL?
MS. FRONTUS: WE'RE NOT PARTICULARITY WORRIED
ABOUT THAT BECAUSE FOR THE LAST HANDFUL OF YEARS, VIDEO RECORDING HAS
BEEN REQUIRED FOR MOST ADULTS AND SOME JUVENILES. SO YOUR POINT IS
WELL-TAKEN, BUT THOSE MEASURES ARE ALREADY IN PLACE NOW. AGAIN, MOST
-- MOST OF OUR STATIONS HAVE THE EQUIPMENT THAT THEY NEED FOR THESE
RECORDINGS. THIS IS REALLY PROCEDURAL, AND WE'RE SAYING THAT IT SHOULD --
WE SHOULD EXPAND IT AND NOT ONLY DO IT FOR JUVENILES WHO ARE BEING
BROUGHT IN FOR CERTAIN ALLEGED CRIMES, IT SHOULD BE ACROSS THE BOARD FOR
EVERYONE TO MAINTAIN THE INTEGRITY OF THE PROCESS.
MR. MANKTELOW: OKAY. I JUST WANT TO MAKE
SURE THAT SOME OF OUR SMALLER COMMUNITIES CAN FINANCIALLY ABSORB THIS
IF THEY DON'T HAVE ENOUGH ROOMS OR ENOUGH EQUIPMENT TO DO SO. AND I
JUST THINK THAT THE STATE SHOULD HELP PROVIDE THAT -- THAT COST. SO --
THANK YOU VERY MUCH -- THANK YOU VERY MUCH FOR YOUR TIME AND THE
QUESTION.
MS. FRONTUS: THANK YOU.
MR. MANKTELOW: YOU'RE WELCOME.
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ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT NOVEMBER 1.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
CALENDAR NO. 300. THIS IS A PARTY VOTE. ANY MEMBER WISHING TO BE
RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE VOTING IN THE NEGATIVE ON THIS BILL.
AND IF ANYBODY FEELS DIFFERENTLY THEY SHOULD CONTACT THE MINORITY
LEADER'S OFFICE AS SOON AS POSSIBLE. THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED, MS. WALSH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE
ON THIS PIECE OF LEGISLATION, AND WE HOPE THAT COLLEAGUES WILL CERTAINLY
STAY WITH US ON THAT ONE. THOSE WHO CHOOSE NOT TO OR WANT TO VOTE IN
THE NEGATIVE SHOULD FEEL FREE TO CONTACT OUR OFFICES AND WE WILL RECORD
YOUR VOTE AS REQUESTED.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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NYS ASSEMBLY JULY 21, 2020
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I WOULD LIKE TO
COMMEND THE SPONSOR OF THIS LEGISLATION. ALL TOO OFTEN, OUR YOUNG
PEOPLE DON'T FEEL PROTECTED IN A SOCIETY WHERE THEY SHOULD BE. AND
EVEN IF THEY HAD BEEN ACCUSED OF SOMETHING, WHETHER THEY DID IT OR
NOT, THEY -- THEY SHOULD BE ABLE TO HAVE IT VIDEOED WITH SOME LEVEL OF
INTEGRITY. THEY SHOULD KNOW THAT ADULTS CARE ABOUT THEM, AND I THINK
THAT THIS SORT OF LEGISLATION ESPOUSES THAT. I THINK THE LACK OF THAT IS
HOW WE GET INTO TROUBLE IN THIS SOCIETY WHEN SOME PEOPLE ARE JUST NOT
WORTH OUR TIME OR EFFORT, AND WE JUST WANT TO RAIL THROUGH THINGS, GET
THEM DONE, AND AT THE END OF DAY CREATE HAVOC IN THE CHILDREN'S LIVES
THAT WILL EVENTUALLY BECOME HURT ADULTS. AND HURT ADULTS DO HURTFUL
THINGS. HERE'S AN OPPORTUNITY FOR US TO HONOR YOUNG PEOPLE AS THEY ARE
YOUNG, AND I WANT TO COMMEND THE SPONSOR FOR THIS AND IT IS MY
PLEASURE TO VOTE IN FAVOR OF THIS LEGISLATION.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. I REMEMBER WHEN HAVING
CONVERSATIONS WITH SOME YOUNG PEOPLE WHO WERE IN A JUVENILE
DETENTION FACILITY, AND I ASKED THEM, YOU KNOW, IF YOU COULD HAVE
ANYTHING, WHAT WOULD -- ONE REQUEST THAT YOU WOULD HAVE? ONE OF
THEM WOULD SAY THAT THEY WANTED TO STAY UP A LITTLE LATER AT NIGHT.
ANOTHER ONE MENTIONED THAT HE WOULD LIKE TO HAVE TV. AND SO THAT
SAID TO ME THAT THESE ARE TRULY CHILDREN. THE SAME REQUESTS THAT THEY'RE
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ASKING FOR ARE SIMILAR REQUESTS THAT I HEAR MY EIGHT-YEAR-OLD ASKING ME
FOR ON A DAILY BASIS. AND WE RECOGNIZE THAT WHEN A PERSON IS A
JUVENILE WE HEARD THROUGH RAISE THE AGE THAT THE BRAIN DEVELOPMENT
ISN'T THAT OF AN ADULT. AND WE KNOW THAT THERE ARE CERTAIN
VULNERABILITIES THAT EXIST, OPPORTUNITIES FOR MANIPULATION WITHIN THE
CRIMINAL JUSTICE THAT HAS PLAYED ITSELF OUT IN THE PRESENT DAY, IN A DAY
THAT'S MOSTLY NOTORIOUS, I GUESS FOR US IS OF COURSE THE CENTRAL PARK
FIVE SITUATION. AND WHILE THOSE YOUNG MEN WERE DRUG THROUGH THE
MUD, THEIR EXONERATION HAS REALLY HAD THEM (UNINTELLIGIBLE) AS HEROES.
AND SO, I REALLY WANT TO SAY THANK YOU TO THE SPONSOR
OF THIS BILL. I KNOW IT'S BEEN A LONG TIME COMING, GETTING IT ACROSS THE
FINISH LINE. AND PARTICULARLY, I WANT TO COMMEND SENATOR
MONTGOMERY, WHO HAS BEEN A STALWART WITH RESPECT TO JUVENILE JUSTICE
DEFINITELY THROUGHOUT MY LIFETIME. AND SO, CONGRATULATIONS AND I LOOK
FORWARD TO VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALKER IN THE
AFFIRMATIVE.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I WANT TO
TAKE THE OPPORTUNITY TO EXPLAIN MY VOTE. I, TOO, WANT TO APPLAUD THE
SPONSOR OF THIS LEGISLATION. IT'S SO IMPORTANT TO HAVE DOCUMENTATION OF
WHAT'S HAPPENING, ESPECIALLY WITH OUR YOUNG PEOPLE. AS WE'VE SEEN
THROUGHOUT THE COUNTRY HOW VIDEO OR PHOTOGRAPHS OF ARRESTS OR
DETAINMENTS OR, YOU KNOW, INTERACTIONS WITH POLICE HAVE BROUGHT TO
LIGHT SO MANY DIFFERENT ABUSES THAT EXIST IN SOCIETY. AND IT'S REALLY PUT
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NYS ASSEMBLY JULY 21, 2020
A SPOTLIGHT ON THIS ISSUE. HAVING ALL THESE INTERROGATIONS BEING
VIDEOTAPED, HAVING A RECORD OF ALL THE INTERACTIONS WILL JUST BE ALLOWING
MORE JUSTICE TO OCCUR, REALLY TO SHINE A LIGHT ON WHAT 'S A VERY DARK AREA
AND GIVING SOME SENSE OF SECURITY TO THOSE YOUNG PEOPLE WHO HAVE
BEEN DETAINED. THAT WHATEVER HAPPENS WILL BE RECORDED AND
PRESERVED.
THIS IS AN IMPORTANT PIECE OF LEGISLATION. I APPLAUD
THE SPONSOR. I'LL BE VOTING IN THE AFFIRMATIVE AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MS. WALLACE.
MS. WALLACE: THANK YOU, MR. SPEAKER, FOR
GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. WE HAVE A CASE RIGHT
NOW IN BUFFALO THAT IS EERILY, IN MY OPINION, REMINISCENT OF THE CENTRAL
PARK FIVE WHERE WE HAD FOUR INDIVIDUALS WHO WERE CONVICTED WHEN
THEY WERE TEENAGERS. FORTY-THREE YEARS LATER NOW THEY STILL SAY THAT
THEY'RE INNOCENT. AND THE KEY PIECE OF EVIDENCE THAT CONVICTED THEM,
OR ONE OF THE KEY PIECES OF EVIDENCE, WAS A 17-YEAR-OLD'S WORD THAT HE
SAW THEM COMMIT THIS MURDER. THAT 17-YEAR-OLD IS NOW MUCH OLDER
AND -- AND HAS RECANTED AND SAID THAT THE REASON THAT HE DID -- HE SAID
THAT WAS HE WAS THREATENED BY THE POLICE OFFICERS. IF WE HAD HAD THE
VIDEOTAPE, WE COULD PUT TO REST WHETHER THAT ACTUALLY HAPPENED OR NOT.
I THINK THAT THIS IS A MINIMAL BURDEN THAT WE'RE ASKING TO RECORD THE
INTERROGATIONS TO ENSURE THE INTEGRITY OF OUR CONVICTIONS. IT WILL SAVE
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NYS ASSEMBLY JULY 21, 2020
LITIGATION COSTS ON THE BACK END, AND IT IS A COMMONSENSE MEASURE TO
ENSURE FAIRNESS AND JUSTICE IN OUR SYSTEM.
SO I THANK THE SPONSOR FOR BRINGING THIS -- THIS BILL
FORWARD, AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
AFFIRMATIVE.
MS. FERNANDEZ.
MS. FERNANDEZ: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE, AND THANK YOU TO THE SPONSORS FOR
PUTTING THIS BILL AND BRINGING IT TO THE FLOOR TODAY. MUCH LIKE WHAT WAS
SAID TODAY, THIS BILL IS SO IMPORTANT. AND BETWEEN WHATEVER SIDE OF THE
AISLE THAT WE SIT ON, I KNOW THAT A BIG PRIORITY THAT WE PUT FORWARD AND
HOLD TO OUR HEARTS IS PROTECTING OUR CHILDREN. AND IN THESE ROOMS,
THESE INTERROGATIONS, THESE EXPERIENCES THAT THEY GO THROUGH, A LOT HAS
HAPPENED. AND WE'VE SEEN WHERE OUR CHILDREN ARE -- ARE SEEN AS THE
ENEMY AND PUT IN TERRIBLE POSITIONS THAT LEAD THEM TO LIFE IN PRISON OR A
LONG TIME IN PRISON. SO THIS, TO ME, IS JUST VERY COMMONSENSE AND I
BIG PROTECTION TO OUR CHILDREN TO MAKE SURE THAT THE TRUTH IS ALWAYS
KNOWN AND THAT IT IS ALWAYS SEEN.
SO, THANK YOU. I -- I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. ON THIS BILL
THE FOLLOWING REPUBLICAN MEMBERS WISH TO BE RECORDED IN THE
AFFIRMATIVE: MR. BRIAN MILLER, MR. MONTESANO, MR. MORINELLO, MR.
NORRIS, MR. SMULLEN, MR. BYRNE, MR. REILLY, MR. LAWRENCE, MR.
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NYS ASSEMBLY JULY 21, 2020
BLANKENBUSH AND MYSELF, ALTHOUGH I'VE ALREADY NOTED THAT ON THE
BOARD. THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06440, CALENDAR NO.
237, PEOPLES-STOKES, TAYLOR. AN ACT TO AMEND THE EXECUTIVE LAW, IN
RELATION TO DIALYSIS CENTER DISASTER PREPAREDNESS PLANS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS BILL AMENDS THE EXECUTIVE LAW TO REQUIRE THAT DIALYSIS
CENTERS ACROSS THE STATE OF NEW YORK PROVIDE SOME SOURCE OF
GENERATORS SO THAT IN CASE OF HURRICANE SANDY, IRENE, A SNOWSTORM IN
BUFFALO OR WHATEVER OUR FUTURE WEATHER IMPEDIMENTS COULD BE AND WILL
NO DOUBTEDLY BE, THAT A PERSON WHO IS IN THE PROCESS OF BEING DIALYZED
WILL NOT BE NECESSARILY IMPACTED. MR. SPEAKER, IT IS CLEAR THAT IF YOU
RECEIVE YOUR DIALYSIS TREATMENT IN A HOSPITAL, THIS IS NOT GOING TO BE ONE
OF YOUR CONCERNS BECAUSE HOSPITALS ARE ALREADY REQUIRED TO HAVE SOME
SORT OF BACKUP SYSTEM FOR IN CASE THE POWER GOES OUT. AS YOU KNOW,
THE NEED FOR DIALYSIS IS NOT NECESSARILY DECREASING IN ONE OF THE
GREATEST NATIONS IN THE WORLD, IT'S ACTUALLY INCREASING. AND IT'S
INCREASING AT NUMBERS THAT THERE'S PROBABLY NOT MANY COMMUNITIES THAT
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NYS ASSEMBLY JULY 21, 2020
YOU CAN'T GO IN AND FIND A STOREFRONT THAT'S NOW A DIALYSIS CENTER. I'M
NOT SAYING THAT AS A NEGATIVE, I'M SAYING THAT AS -- AS A POSITIVE BECAUSE
PEOPLE DO ACTUALLY NEED TO HAVE THE SERVICE IN ORDER TO KEEP THEIR
KIDNEY FUNCTIONING WELL. BUT IN THE THOUGHT PROCESS THAT WE HAVE
ALREADY HAD MANY CIRCUMSTANCES WHERE POWER HAS GONE OUT. IN FACT,
IN THE WESTERN NEW YORK COMMUNITY, A LARGE CHUNK OF IT, THE POWER
WAS OUT A COUPLE WEEKS AGO. THAT HAPPENS, IT'S GOING TO HAPPEN IN THE
FUTURE. THIS BILL WILL JUST REQUIRE PEOPLE WHO WANT TO BE IN THE
BUSINESS OF DELIVERING DIALYSIS SERVICES TO PATIENTS WHO NEED THE
LIFE-SAVING SERVICE, THAT THEY WILL PROVIDE SOME SORT OF GENERATORS TO
ENSURE THAT IF THE POWER GOES OUT, THE PERSON'S DIALYSIS PROCEDURE WILL
NOT NECESSARILY BE NEGATIVELY IMPACTED.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. PALMESANO: THANK YOU VERY MUCH. I
WANTED TO JUST FIRST -- I UNDERSTAND THE INTENTION BEHIND THE BILL. WHEN
YOU READ IT LIKE THAT IT MAKES SENSE. I JUST HAVE SOME QUESTIONS AND
CONCERNS THAT HAVE COME UP. WHEN YOU TALK ABOUT HAVING AN
ALTERNATIVE POWER SOURCE THAT COULD BASICALLY POWER THE OPERATIONS AND
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EQUIPMENT NECESSARY FOR DIALYSIS SERVICES AT A UNIT OUTSIDE -- THAT'S
REQUIRED OUTSIDE OF AN ON-SITE GENERATOR, A 240 KILOWATT 7,000-POUND
GENERATOR, IS THERE ANY OTHER ALTERNATIVE POWER SOURCE AVAILABLE TO
COMPLY WITH THIS MANDATE?
MRS. PEOPLES-STOKES: I ACTUALLY WOULD THINK
THAT SHOULD BE UP TO THE DECISION OF THE PERSON WHO DECIDED TO BE IN
THE BUSINESS OF PROVIDING DIALYSIS SERVICES. I WILL SAY THIS: IN FACT, JUST
SINCE THIS BILL HAS BEEN INTRODUCED THE TECHNOLOGY AND THE SIZE AND THE
COST OF GENERATORS IS STARTING TO CHANGE. AND I THINK THAT HAPPENS
BECAUSE WE HAVE SEEN SO MANY OPPORTUNITIES WHERE COMMUNITIES HAVE
LOST POWER NOT JUST AS A RESULT OF SOME WEATHER-RELATED ISSUE, BUT THE
FACT THAT SOMETIMES WE JUST LOSE POWER. AND SO I THINK YOU SEE
PEOPLE'S CREATIVITY, AS WELL AS THEIR INNOVATION GOING INTO AREAS WHERE
GENERATORS ARE SMALLER, LESS EXPENSIVE AND MORE READILY AVAILABLE TO AN
AVERAGE HOUSEHOLD, LESS KNOWN SOMEBODY WHO HAS MADE A DECISION TO
BE IN BUSINESS.
MR. PALMESANO: RIGHT NOW ISN'T A CONDITION FOR
COVERAGE THROUGH THE CENTERS FOR MEDICARE AND MEDICAID THAT DIALYSIS
CENTERS ARE REQUIRED TO MAINTAIN AN EXTENSIVE FEDERALLY-APPROVED --
PRESCRIBED EMERGENCY PREPAREDNESS PLAN RIGHT NOW TO HAVE FOR ACTIONS
THAT MIGHT TAKE PLACE IF THERE'S A POWER FAILURE OR A DISASTER OR OTHER
EMERGENCIES? AND ALSO ALONG WITH THAT, DON'T DIALYSIS CENTERS HAVE
BACKUP AGREEMENTS RIGHT NOW WITH LOCAL HOSPITALS AND PLANS TO TRANSFER
PATIENTS IN CASE OF A PROLONGED OUTAGE OR EMERGENCY? RIGHT NOW ISN'T
THAT WHAT'S IN PLACE RIGHT NOW UNDER THE LAW AND THE GUIDELINES THAT ARE
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IN PLACE?
MRS. PEOPLES-STOKES: SO YOUR QUESTION IS...
MR. PALMESANO: RIGHT NOW -- YEAH, RIGHT NOW
THERE IS -- TO PROVIDE DIALYSIS SERVICES, THE CENTER FOR MEDICARE AND
MEDICAID REQUIRES A FEDERALLY EMERGENCY APPROVED PLAN TO DEAL WITH
OUTAGES OR OTHER EMERGENCIES THAT COME UP.
MRS. PEOPLES-STOKES: OKAY, SO PERHAPS THAT IS
SOMETHING THAT THEY HAD REQUIRED WITHIN THE LAST COUPLE OF YEARS. I'M -
I'M NOT SURE THAT IT IS WORKING FOR AT LEAST THE GENTLEMAN I SAW ON THE
NEWS IN WESTERN NEW YORK WHO WAS IN THE PROCESS OF BEING DIALYZED
WHEN THE POWER DID GO OUT IN THE SOUTHTOWNS. AND FOR HIM THAT WAS A
VERY SCARY SITUATION, AND FOR HIS FAMILY IT WAS. AND AS THE MOTHER OF A
DAUGHTER WHO USED TO BE ON DIALYSIS AND IS NOW BEING -- HAD A KIDNEY
TRANSPLANT, IT WOULD BE A SCARY THING FOR ME AS WELL TO KNOW MY
DAUGHTER WAS AT DIALYSIS OR ANYBODY WHO IS AT DIALYSIS AND ALL OF A
SUDDEN THE POWER WENT OUT. NOT THAT THAT HAS TO BE SOMETHING THAT IS
NEGATIVE AND WILL HURT THEM IN THE LONG RUN, BUT IT DOESN'T HAVE TO
HAPPEN AT ALL IF WE PLAN FOR IT. THERE'S NO WAY THAT WE SHOULD BE IN
2020 AND WE'RE NOT MAKING THE RIGHT KIND OF PLANS FOR HOW PEOPLE ARE
GOING TO RECEIVE MEDICAL CARE, PARTICULARLY DIALYSIS.
AND SO, AGAIN, THIS GETS ASKED THAT IF YOU WANT TO BE
IN THAT BUSINESS THAT YOU GIVE US A PLAN ON HOW YOU PLAN TO PROTECT
PEOPLE.
MR. PALMESANO: DO YOU KNOW HOW MANY
DIALYSIS CENTERS THERE ARE IN NEW YORK AND HOW MANY MIGHT ALREADY
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HAVE GENERATORS? OR HAVE YOU REACHED OUT TO THE DIALYSIS CENTERS IN
THE INDUSTRY THAT ARE PROVIDING THESE SERVICES, AND HOW MANY MIGHT BE
IMPACTED AND MIGHT HAVE TO CLOSE OR RELOCATE BECAUSE OF THIS MANDATE?
HAVE YOU HAD ANY DISCUSSIONS WITH THEM ABOUT THIS AND HOW THEY
MIGHT --
MRS. PEOPLES-STOKES: NO, I ACTUALLY DON'T
KNOW THAT NUMBER, BUT I DO KNOW THAT THERE ARE, I WANT TO SAY AT LEAST
SIX OR SO IN THE WESTERN NEW YORK COMMUNITY UNDER DIFFERENT NAMES.
MR. PALMESANO: AND I KNOW MANY, MANY
DIALYSIS CENTERS LEASE SPACE FROM LANDLORDS, AND CERTAINLY, YOU WOULD
NEED THE LANDLORD APPROVAL. AND IF YOU'RE NOT GETTING THAT DOES IT
REQUIRE -- IF THEY WON'T ALLOW IT, IF THEY DON'T HAVE THE SPACE FOR A
GENERATOR LIKE THAT COULD POSE A PROBLEM FOR A CLOSURE OR RELOCATION
WHICH COULD TAKE SOME TIME AND WHICH HAS MANDATES AND
REQUIREMENTS ALONG WITH IT FROM THE -- FROM THE GOVERNMENT THAT NEEDS
TO COMPLY WITH THE CLOSURE OR TRANSFER, CORRECT?
MRS. PEOPLES-STOKES: I'M SURE SOME OF THEM
ARE RENTING. IN FACT, I KNOW ONE COMPANY THAT ACTUALLY RENTS FROM
SOME PEOPLE WHO I KNOW JUST RECENTLY DEVELOPED THE BUILDING.
MR. PALMESANO: BECAUSE RIGHT NOW IT'S MY
UNDERSTANDING THERE'S A STATUTORY REQUIREMENT WITH THE DEPARTMENT OF
HEALTH TO APPROVE EITHER A CLOSING OR A RELOCATION OF A LICENSED FACILITY.
AND ALSO THERE'S ALSO LEGAL AND FINANCIAL RAMIFICATIONS FOR EARLY
TERMINATION OF LEASE AGREEMENTS AND WHERE -- AND RIGHT NOW THE
DEPARTMENT OF HEALTH AND PUBLIC HEALTH AND PLANNING COUNCIL
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GENERALLY REQUIRE SOMETIMES 10-YEAR TERMS AS A CONDITION FOR LICENSING
A DIALYSIS CENTER. SO BASED ON THAT AND THE COMPLICATIONS THAT CAN
CAUSE AND THE TIME IT TAKES TO DO A RELOCATION AND GET AN APPROVAL, THAT
CAN CAUSE PROBLEMS FOR THE DIALYSIS CENTER IF IT HAS TO SHUT DOWN AND
THIS IMPACT IT WOULD HAVE ON SERVICES, COULD THAT NOT?
MRS. PEOPLES-STOKES: YES, IT -- IT ACTUALLY
COULD CAUSE BOTH PROBLEMS FOR THE PERSON WHO IS IN THE BUSINESS AS
WELL AS THE PERSON WHO IS ON THE DIALYSIS MACHINE AT THE TIME.
PARTICULARLY IF THE BUSINESS HAS MULTIPLE LOCATIONS AND WITHIN A REGION
AND THEY HAVE ONE GENERATOR THAT THEY TRANSPORT BETWEEN ROCHESTER,
SYRACUSE AND I'LL SAY THE FINGER LAKES. SOMETIMES YOU MIGHT NOT BE
ABLE TO GET THAT GENERATOR TO THE FINGER LAKES AS QUICKLY AS YOU
THOUGHT YOU COULD. AND SO, AGAIN, I'M JUST SUGGESTING THAT TECHNOLOGY
HAS CHANGED. WE'VE BECOME A LOT MORE INNOVATIVE WITH THE
OPPORTUNITIES FOR VENTILATORS [SIC]. I DON'T WANT TO SAY THE NAME OF ONE
BECAUSE I THINK THAT WOULD BE INAPPROPRIATE. BUT I DO THINK THAT IF YOU
WANT TO BE IN THE BUSINESS - WHICH I BELIEVE IS A PRETTY LUCRATIVE
BUSINESS BECAUSE IT'S ALL PRETTY MUCH FUNDED BY FEDERAL MEDICARE
DOLLARS - THEN YOU SHOULD BE WILLING TO INVEST IN THE LONG-RANGE
INTERESTS OF YOUR PATIENTS. YOU CAN'T TELL WHEN THE WEATHER IS GOING TO
GO BAD UNLESS YOU'RE WATCHING THE WEATHER ON A REGULAR BASIS. BUT
WHAT YOU CAN TELL IS THAT THE PEOPLE WHO COME TO YOU DESPERATELY NEED
TO HAVE THEIR KIDNEY DIALYZED. AND NOTHING SHOULD GET IN THE WAY OF
THAT AND IT SHOULD NOT BE A BUSINESS DECISION OF YOURS THAT YOU'D RATHER
NOT SPEND THIS -- I DON'T KNOW HOW MUCH YOU MIGHT WANT TO PAY FOR IT
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NYS ASSEMBLY JULY 21, 2020
-- YOU'D RATHER NOT SPEND THIS MONEY TO PROTECT THE PEOPLE WHO COME TO
YOU FOR A SERVICE. I THINK IT'S -- IT'S -- IT'S A REASONABLE REQUEST, AND I'M
PROBABLY NOT GOING TO BE ABLE TO CONVINCE YOU OR TO CONVINCE SOMEONE
WHO DOESN'T WANT TO INVEST IN THEIR BUSINESS THAT WAY THAT THE PEOPLE
ARE MORE IMPORTANT THAN THEIR BUSINESS. BUT I ASSURE YOU, THE PEOPLE
ARE MORE IMPORTANT THAN THEIR BUSINESS, AND AT THE END OF THE DAY
PEOPLE ARE GOING TO MAKE DECISIONS ABOUT WHERE THEY RECEIVE SERVICES
AT, WHERE THEY KNOW THEY CAN BE PROTECTED. BY THE WAY, I'LL RESTATE THIS
AGAIN. IF YOU HAVE YOUR DIALYSIS PROCEDURE DONE AT ANY HOSPITAL IN
NEW YORK STATE, THIS IS NOT GOING TO BE A PROBLEM FOR YOU BECAUSE
THEY DO HAVE TO HAVE A PLAN IN CASE THE POWER GOES OUT.
MR. PALMESANO: THANK YOU. I APPRECIATE IT.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. PALMESANO: CERTAINLY, I'M NOT GOING TO
QUESTION THE SPONSOR'S INTENT, AND -- AND -- AND WHAT SHE'S TRYING TO DO
BEHIND IT. I'M DEFINITELY NOT QUESTIONING THAT. I THINK THE POINT I'M
TRYING TO BRING UP TO MY COLLEAGUES IS THAT SOMETIMES WITH LEGISLATION
WE HAVE UNINTENDED CONSEQUENCES AND A NEGATIVE IMPACT. FOR
EXAMPLE, I THINK IN NEW YORK STATE RIGHT NOW WE HAVE AROUND 264
DIALYSIS CENTERS AROUND THE STATE. ONE COMPANY HAS 78 DIALYSIS
CENTERS THAT SERVES 7,100 PATIENTS. IF THIS LEGISLATION WERE TO PASS THE
WAY IT IS, BECAUSE SOME FACILITIES, 19 FACILITIES, ARE NOT ABLE TO HAVE A
GENERATOR ON SITE FOR WHATEVER REASON, IT WOULD CAUSE THEM TO CLOSE OR
RELOCATE, IMPACTING THE CARE OF, YOU KNOW, 1,700 PATIENTS, 25 PERCENT
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NYS ASSEMBLY JULY 21, 2020
OF THAT CASELOAD. I THINK THAT'S THE CONCERN I WANT TO BRING UP TO MY
COLLEAGUES BECAUSE JUST BECAUSE SOME CLOSURES OR RELOCATIONS,
DISRUPTIONS TO THE CARE OF OUR PATIENTS, CAUSING UNCERTAINTY. ESPECIALLY
CREATING A CHALLENGE IS FINDING ALTERNATIVE LOCATIONS THAT WOULD GET THAT
FEDERAL APPROVAL THROUGH CMS. THIS WAS NOT A REQUIREMENT OF THEIR
CONDITION -- CERTIFICATE OF NEED WHEN THEY APPLIED, AND THEY KNEW --
EVERY DIALYSIS CENTER HAS TO HAVE AN EMERGENCY PLAN THAT'S APPROVED BY
THE CENTER FOR MEDICARE AND MEDICAID RIGHT NOW TO MEET THE NEED OF
THE COMMUNITY. THEY HAVE AGREEMENTS IN PLACE WITH LOCAL HOSPITALS SO
IF THERE'S A PROLONGED OUTAGE THAT THEY WOULD TRANSFER PATIENTS TO THOSE
HOSPITALS TO ADDRESS THIS ISSUE BECAUSE, AS THE SPONSOR SAID, THE
HOSPITALS DO HAVE THAT TYPE OF GENERATION. I THINK, AS I WAS
MENTIONING, WHEN YOU HAVE THAT MANY CENTERS THAT -- THAT CAN BE
IMPACTED BY THIS, FOR JUST ONE ORGANIZATION, 19 OF THEIR 78 FACILITIES
WOULD HAVE TO CLOSE OR RELOCATE. THAT -- THAT CAUSES A PROBLEM BECAUSE
THERE'S FEDERAL -- FEDERAL GUIDELINES WHEN IT COMES TO RELOCATING OR
CLOSING A FACILITY. THAT COULD TAKE TIME THROUGH THE DEPARTMENT OF
HEALTH. NOT TO MENTION THE -- THE -- THE LEASE AGREEMENTS TAKE TIME.
SOMETIMES THEY HAVE 10-YEAR CONDITIONS AS FAR AS SETTING UP THESE
CENTERS. AND THAT WAS JUST -- I JUST TALKED ABOUT 78 OF THEM. THERE'S
ANOTHER 200 -- THERE'S ANOTHER 194 OF THEM THAT WE DON'T KNOW HOW
THIS WOULD IMPACT THEM. IF WE HAVE THESE FACILITIES CLOSING THAT COULD
BE PROBLEMATIC. AND JUST TO READ YOU SOME OF THE LIST, THERE'S 19 -- 19
CENTERS. THERE'S ONE IN LONG ISLAND, TWO IN STATEN ISLAND, TWO IN THE
BRONX, TWO IN QUEENS, SEVEN IN BROOKLYN, FIVE IN UPSTATE NEW YORK,
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INCLUDING IN THE SPONSOR'S DISTRICT THAT COULD EFFECTIVELY BE CLOSED
BECAUSE OF THE MANDATE FROM THIS. AGAIN, LET ME JUST BE CLEAR. I'M NOT
QUESTIONING THE SPONSOR'S INTENT. ON THE FACE OF IT IT SEEMS LIKE IT
MAKES SENSE. HOWEVER, AS WITH ALL LEGISLATION THERE'S ALWAYS NEGATIVE
INTENT -- UNINTENDED CONSEQUENCES. THE FACT THAT THESE ORGANIZATIONS
HAVE FEDERALLY EMERGENCY-APPROVED PLANS IN PLACE, IT'S NOT ABOUT THEM
NOT WANTING TO PROVIDE THE SERVICE. IT'S JUST THAT -- WHETHER THEY ARE
CAPABLE OR ABLE TO DO THAT BECAUSE OF THE LIMITATIONS THEY HAVE WITH THE
PHYSICAL LOCATION. IF THEY HAVE LEASE AGREEMENTS THAT WOULD TAKE TIME.
AND AGAIN, TO RELOCATE IS PROBLEMATIC. IT TAKES AN AMOUNT OF TIME TO
GET APPROVAL THROUGH THE DEPARTMENT OF HEALTH. AND TO HAVE THESE
CLOSURES WOULD DISRUPT THE CARE FOR A NUMBER OF PATIENTS. I'M JUST
CONCERNED THAT THIS COULD REALLY LEAD TO, AGAIN, CLOSURES AND RELOCATIONS
OF OUR DIALYSIS CENTERS WHICH PROVIDE CRITICAL LIFESAVING CARE TO PEOPLE
WHO NEED IT. AND I JUST THINK THAT'S A CONCERN I HAVE ON THIS ISSUE.
AND I THINK IT WOULD JUST BE BETTER TO MAYBE HAVE DISCUSSIONS WITH THE
INDUSTRY, THAT -- THOSE PROVIDING DIALYSIS CARE AND WORK WITH THEM TO
SAY HOW CAN WE ADDRESS THIS NEED, AND TALK ABOUT THE NEW TECHNOLOGY
THAT'S OUT THERE BEFORE WE JUST IMPLEMENT A MANDATE ON THAT THAT COULD
ACTUALLY CAUSE AN INTERRUPTION TO THE CARE AND SERVICE THAT'S BEING
PROVIDED, THIS LIFESAVING CARE OF DIALYSIS THAT PEOPLE NEED TO SURVIVE.
SO I JUST THINK IF THERE WAS MORE OF A DIALOGUE WITH THE INDUSTRY WHO
HAS TO DO THIS TO SEE, HOW CAN WE WORK WITH YOU TO MAKE THIS HAPPEN?
HOW CAN WE WORK WITH YOU TO STREAMLINE THIS THROUGH THE DEPARTMENT
OF HEALTH AND THE FEDERAL GOVERNMENT TO HAVE MANDATES AND
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REQUIREMENTS AS FAR AS CLOSURES AND RELOCATIONS? WE ALREADY KNOW
THIS WOULD CON -- CREATE CLOSURE AND RELOCATIONS OF 19 FACILITIES. WE
JUST DON'T KNOW ABOUT SOME OF THE OTHER FACILITIES, AND ONE IS TOO MANY.
SO WHY AREN'T WE WORKING WITH THE INDUSTRY TO FIND OUT WHAT WE CAN
DO TO BE A PARTNER INSTEAD OF PUTTING A MANDATE IN PLACE - WHICH AGAIN,
I KNOW ON THE FACE OF IT MAKES -- SOUNDS LIKE IT MAKES SENSE. IT'S JUST
THAT NEGATIVE UNINTENDED CONSEQUENCES ARE WHAT'S GOING TO HAPPEN IF
FACILITIES HAVE TO CLOSE DOWN. IF FACILITIES CLOSE DOWN OR RELOCATE THAT
MEANS PATIENTS AREN'T GETTING THE CARE THEY NEED, AND I THINK THAT'S
SOMETHING THAT WE SHOULD ALL BE CONCERNED ABOUT.
SO UNTIL WE CAN ADDRESS THAT NEED AND CREATE THAT
PARTNERSHIP, FOR THOSE REASONS I'M JUST GOING BE VOTING IN THE NEGATIVE
ON THAT BILL. THANK YOU, MR. SPEAKER, AND THANK YOU TO THE SPONSOR
WHO I HAVE SO MUCH RESPECT FOR ON THIS ISSUE. I KNOW THE PERSONAL
CONNECTION. I APPLAUD YOU FOR YOUR EFFORTS AND WHAT YOU'RE TRYING TO
DO, SO I HOPE YOU UNDERSTAND WHERE I'M COMING FROM. BUT AGAIN, FOR
THOSE REASONS, I'M GOING TO BE VOTING IN THE NEGATIVE.
THANK YOU, MR. SPEAKER.
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 ON CALENDAR NO. 237.
(PAUSE)
THIS IS A FAST ROLL CALL. ANY MEMBER WISHING TO BE
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NYS ASSEMBLY JULY 21, 2020
RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS IN THE MINORITY VOTING NO: MR. BYRNE,
MR. DESTEFANO, MR. DIPIETRO AND MR. PALMESANO. AND JUST A
CORRECTION, THAT'S MS. BYRNES THAT WILL BE VOTING NO.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MR. ORTIZ TO EXPLAIN HIS VOTE.
MR. ORTIZ: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I COMMEND THE SPONSOR OF THIS BILL. I THINK
THIS BILL IS MOVING US FORWARD. AS YOU ALL KNOW, I HAVE A MOTHER WHO
HAD A KIDNEY TRANSPLANT THAT WAS GIVEN BY MY SISTER. AND I THINK THAT
THE MORE THAT THE QUALITY ADVANCE AND THE MORE QUICK WE CAN HAVE OF
THE 78-PLUS EXTRA CENTERS AROUND THE STATE OF NEW YORK. I THINK THAT
WILL BE A -- A -- A GREAT ADVANCE TO ENSURE THAT OUR -- THE PEOPLE THAT
NEED DIALYSIS THEY WILL CONTINUE TO HAVE THEIR OWN DIALYSIS UNTIL THEY
CAN FIND A TRANSPLANT.
THEREFORE, MR. SPEAKER, I REMOVE MY VOTE AND I WILL
BE VOTING IN THE AFFIRMATIVE AND THANK YOU FOR ALLOWING ME TO SPEAK.
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. MR. ORTIZ
IN THE AFFIRMATIVE.
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ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 42, CALENDAR NO. 244, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06710-A, CALENDAR
NO. 244, ROZIC, GOTTFRIED, AUBRY, BARRETT, BLAKE, DAVILA, FAHY, JAFFEE,
MOSLEY, PERRY, L. ROSENTHAL, DE LA ROSA, SIMON, WEPRIN, QUART,
DENDEKKER, CRUZ, D'URSO, COLTON, ORTIZ, DICKENS, RIVERA, SAYEGH,
HYNDMAN, COOK, GLICK, REYES, WILLIAMS, MCDONOUGH, ABINANTI,
WRIGHT, FERNANDEZ, DARLING, JEAN-PIERRE, TAYLOR, ASHBY, EPSTEIN,
ARROYO, HUNTER, BARRON. AN ACT TO AMEND THE CORRECTION LAW, IN
RELATION TO REQUIRING THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION TO PLACE INCARCERATED PARENTS AT CORRECTIONAL INSTITUTIONS
AND FACILITIES CLOSEST TO THEIR CHILDREN'S HOME.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. ROZIC.
MS. ROZIC: THANK YOU, MR. SPEAKER. THIS BILL
WOULD REQUIRE DOCS TO PLACE THOSE INCARCERATED WITH MINOR CHILDREN
CLOSER TO HOME WHENEVER FEASIBLE, TAKING INTO ACCOUNT THE BEST
INTERESTS OF THE CHILD OR CHILDREN AND THE CONSENT OF THE PARENTS. THE
BILL REQUIRES THAT DOCS PROVIDE AN ANNUAL REPORT TO THE LEGISLATURE
ABOUT THE CLOSE TO HOME PROGRAM, INCLUDING, BUT NOT LIMITED TO, HOW
MANY INDIVIDUALS WERE TRANSFERRED AND OTHER REGIONAL INFORMATION. AS
WE KNOW, STUDIES HAVE DEMONSTRATED THAT CHILDREN WHOSE PARENTS ARE
INCARCERATED SUFFER FROM LACK OF CONTACT WITH THEM BOTH EMOTIONALLY
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AND EDUCATIONALLY. KIDS WHO ARE ABLE TO VISIT INCARCERATED PARENTS DO
BETTER IN SCHOOL AND ARE GENERALLY HAPPIER AND BETTER ADJUSTED. THOSE
WHO ARE INCARCERATED WHO HAVE CONTACT WITH THEIR FAMILIES THROUGH
THESE VISITS ALSO SHOW LOWER A RATE OF RECIDIVISM AND HAVE A GREATER
INCENTIVE TO PARTICIPATE IN PROGRAMS AND OTHER ACTIVITIES. OVERALL,
VISITATION IS A POSITIVE FORCE THAT WE SHOULD BE ENCOURAGING.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MS. ROZIC, WILL YOU
YIELD?
MS. ROZIC: YES.
MS. WALSH: GREAT. THANK YOU SO MUCH. SO JUST --
I'D JUST LIKE TO WALK THROUGH A FEW ASPECTS OF THE BILL. I THANK YOU FOR
THE SUMMARY THAT YOU JUST GAVE. DOES THIS BILL APPLY TO INMATES WHO
ARE ALREADY IN A GIVEN CORRECTIONAL FACILITY TO HAVE THEM MOVED TO
ANOTHER LOCATION, OR IS IT JUST FOR AN INITIAL PLACEMENT OF THAT INMATE?
MS. ROZIC: I BELIEVE IT'S BOTH.
MS. WALSH: IT IS FOR BOTH.
MS. ROZIC: YEAH, THE CRITERIA AND PROCEDURES
WOULD BE ESTABLISHED BY DOCS IN CONSULTATION WITH OCFS.
MS. WALSH: RIGHT. SO -- AND I'M ASSUMING THAT
THAT CONSULTATION WOULD ALSO INCLUDE THINGS LIKE HOW DO WE FIGURE OUT
WHAT'S IN THE BEST INTEREST OF THE CHILD, WHAT -- HOW DOES DOCS MAKE
THAT DETERMINATION OF BEST INTEREST? WOULD THERE BE -- I MEAN, IS THERE
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ANY KIND OF SENSE OF WHETHER THAT WOULD ENVISION A HEARING OF SOME
KIND OR THE APPOINTMENT OF AN ATTORNEY FOR THE CHILD OR AN AFC, ALSO
FORMERLY KNOWN AS A LAW GUARDIAN? IS -- HAS THERE BEEN ANY DISCUSSION
AT ALL ABOUT WHAT THAT WOULD LOOK LIKE?
MS. ROZIC: THAT IS UP TO THE DISCRETION OF THE STATE
AGENCIES. BUT I KNOW GENERALLY THAT DOCS CONSIDERS MANY FACTORS,
INCLUDING THE INTEREST OF THE CHILD, AND ALSO OBVIOUSLY SECURITY, SAFETY
AND, QUITE FRANKLY, THE LOGISTICS OF IT. IF YOU'RE, FOR EXAMPLE, A WOMAN
IN MAX THERE'S ONLY ONE FACILITY THAT YOU CAN GO TO. SO, YOU KNOW,
THERE -- THERE ARE NO OPTIONS. BUT IF YOU ARE, YOU KNOW, IN A MEDIUM
STATE FACILITY YOU DO HAVE A CHOICE OF TWO DIFFERENT SITES. AND SO IT
WOULD BE UP TO OCFS, IN CONSULTATION WITH DOCS, TO FIGURE THAT OUT.
MS. WALSH: IS THIS TYPE OF ANALYSIS BEING DONE AT
ALL EVEN INFORMALLY, NOW, TO YOUR KNOWLEDGE?
MS. ROZIC: I MEAN, TRANSFERS HAPPEN EVERY DAY AT
DOCS, AND SO I IMAGINE THAT THEY -- THEY KEEP RECORDS OF THAT.
MS. WALSH: OKAY. IS -- WHEN TRANSFERS ARE DONE,
ARE -- IS THERE ALSO A CONSIDERATION OF THE -- THE GOOD BEHAVIOR OR THE --
THEIR -- DO THEY, YOU KNOW, DO THEY BUILD UP ANY POINTS WHERE THEY GET
TO THEN GO TO -- TO WHAT THEY CONSIDER TO BE A BETTER PLACE, OR IS THERE
ANYTHING LIKE THAT THAT HAPPENS?
MS. ROZIC: I KNOW THAT CURRENTLY DOCS GENERALLY
MOVES PEOPLE CLOSER TO HOME AS THEY GET CLOSER TO THEIR RELEASE DATE,
AND AS YOU KNOW, THAT THAT IS DEPENDENT ON MULTIPLE FACTORS. BUT, NOT
TO MY KNOWLEDGE.
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MS. WALSH: OKAY. YOU MENTIONED AS YOU
SUMMARIZED THE BILL THAT IT WOULD REQUIRE THE CONSENT OF THE PARENT.
DO YOU MEAN BY THAT THE CONSENT OF THE INCARCERATED PARENT?
MS. ROZIC: YES.
MS. WALSH: DOES IT -- DOES THIS REQUIRE THE
CONSENT OF THE -- THE PARENT WHERE THE CHILD IS CURRENTLY LIVING?
MS. ROZIC: I IMAGINE THAT THE FAMILY IN WHICH --
WHICH IS TAKING CARE OF THE CHILD WOULD ALSO BE CONSULTED.
MS. WALSH: AND THAT WOULD ALSO INCLUDE A FOSTER
PARENT IF THAT'S WHERE THE CHILD WAS CURRENTLY PLACED?
MS. ROZIC: WHERE -- YEAH, OR A GRANDPARENT OR...
MS. WALSH: OKAY. NOW, YOU MENTIONED EARLIER
THAT SOMETIMES THERE ISN'T MUCH OF A CHOICE TO BE MADE IF THEY'RE -- FOR
EXAMPLE, WITH -- WITH WOMEN THERE'S JUST THE ONE PLACE WHERE THEY
COULD BE. IS IT -- IS IT BEDFORD?
MS. ROZIC: MM-HMM.
MS. WALSH: YEP. SO -- SO JUST TO MAKE THAT POINT
EVEN IF YOU MOVE THE INCARCERATED INDIVIDUAL CLOSER TO THEIR -- THEIR
CHILD OR CHILDREN, IT STILL COULD BE A CONSIDERABLE DISTANCE AWAY, COULD
IT NOT?
MS. ROZIC: YES.
MS. WALSH: OKAY.
MS. ROZIC: DEPENDING ON WHERE THEY LIVE.
MS. WALSH: RIGHT. SO THAT WOULD STILL CREATE
ISSUES, PERHAPS, WITH TRANSPORTATION AND OTHER COSTS TO FACILITATE THE
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VISITS OF THE CHILD WITH THE INCARCERATED PARENT.
MS. ROZIC: YEAH. AND AS YOU AND I TALKED ABOUT, I
THINK, TWO YEARS AGO WHEN WE DEBATED THIS BILL, I'M ALL FOR MORE
WEB-BASED VIDEOCONFERENCING. HOWEVER WE CAN INCREASE THE
RELATIONSHIP BETWEEN A CHILD AND A PARENT IS CRITICAL AT ANY AGE, AND SO I
DON'T THINK THAT THIS IS THE BE-ALL AND END-ALL, BUT JUST ONE FACTOR THAT
CAN HELP BRING FAMILIES TOGETHER.
MS. WALSH: OKAY. VERY GOOD. THANK YOU SO
MUCH FOR YOUR ANSWERS.
AND, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO, WE DID DEBATE THIS IS A COUPLE OF
YEARS AGO, AND I GUESS ONE OF THE THINGS -- AND I THINK IN JUST THOSE
COUPLE OF YEARS THAT I'VE BEEN WORKING HERE AT THE ASSEMBLY, THE ONE --
ONE THING THAT'S REALLY STARTING TO GRIND MY GEARS IS THE -- THE IDEA OF
DELEGATING THE AUTHORITY, THE LEGISLATURE DELEGATING THE AUTHORITY TO
DOCS AND OCFS IN THIS PARTICULAR INSTANCE TO DEVELOP A WHOLE PLAN
FOR HOW THIS WOULD BE EFFECTUATED. I FEEL THAT THE -- THE ASSEMBLY, THIS
BODY, SHOULD BE MORE DIRECTLY INVOLVED WITH DEVELOPING WHAT THAT
PLAN IS. AND THE REASON IS THAT AS -- AS SOMEBODY WHO'S BEEN AN
ATTORNEY FOR THE CHILD FOR A DOZEN OR SO YEARS AND HAVING HAD CASES
WHERE MY CLIENT'S PARENT IS INCARCERATED, VERY OFTEN I'M SPEAKING WITH
THE CHILD AND THE CHILD DOES NOT WISH TO HAVE ANY CONTACT WITH HIS
PARENT OR HER PARENT. AND I THINK IT'S REALLY VERY CRITICALLY IMPORTANT
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THAT WE ALLOW THE WISHES OF THE CHILD TO BE CONSIDERED AND HEARD. AND
NORMALLY THE WAY THAT THAT'S DONE IN A FAMILY COURT SETTING AND IN
OTHER SETTINGS IS TO HAVE AN ATTORNEY FOR THE CHILD APPOINTED TO MEET
REGULARLY WITH THE CHILD, TO CONFER IN AN AGE-APPROPRIATE WAY FOR THAT
CHILD AND TO FIGURE OUT WHETHER IT TRULY WOULD BE IN THE BEST INTEREST
AND TO ADVOCATE FOR THE CHILD'S WISHES. AND I -- IT'S JUST COMPLETELY
ABSENT FROM THIS BILL, AND IT CONCERNS ME THAT WE WOULD JUST BE TURNING
ALL OF THAT OVER TO DOCS AND OCFS, BOTH GREAT AGENCIES, BOTH VERY
CONCERNED, I'M SURE, IN FULFILLING THEIR MISSIONS. BUT I JUST FEEL THAT IT
-- IT ABDICATES OUR RESPONSIBILITY AS A LEGISLATIVE BODY. SO THAT -- THAT
IS SOMETHING THAT HAS, I GUESS, CHANGED IN MY OWN MIND IN LOOKING AT
THIS BILL IN THE LAST COUPLE OF YEARS. I THINK THAT ALSO, AS WAS KIND OF
POINTED OUT IN DEBATE, EVEN IF YOU'RE PLACING THE INCARCERATED
INDIVIDUAL CLOSER, IT STILL IS NOT NECESSARILY MUCH CLOSER. AND I THINK
THAT MOST OF THE CHILD CLIENTS THAT I REPRESENT, IF THEY HAVE CONTACT AT ALL
WITH THEIR PARENT WHO'S INCARCERATED IT'S GENERALLY THROUGH PHONE CALLS
AND IT'S THROUGH LETTERS. AND THAT CAN PRESENT ITS OWN PROBLEMS IF, FOR
EXAMPLE, THE CHILD IS RESIDING WITH A PARENT WHO IS PERHAPS THE VICTIM
OF DOMESTIC VIOLENCE AND THERE'S ISSUES WITH LETTERS BEING SENT THROUGH
THE CHILD BUT REALLY INTENDED TO THE -- TO THE NON-INCARCERATED PARENT.
THERE'S A LOT OF -- IT'S A COMPLICATED ISSUE, AND THERE ARE -- THERE ARE
OTHER METHODS. I REALLY DO LIKE THE IDEA OF THE VIDEOCONFERENCING
BECAUSE I THINK THAT PARTICULARLY FOR A YOUNG CHILD, THE PROSPECT OF
GOING INTO A PRISON SETTING IS -- CAN BE A VERY HARSH EXPERIENCE FOR A
YOUNG CHILD. AND I -- I DON'T KNOW SO MUCH WHETHER THERE WOULD BE A
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RISK OF ANY KIND OF A PHYSICAL HARM, BUT I DO THINK THAT THERE COULD BE
SOME EMOTIONAL HARM TO THE CHILD FOR -- FOR BEING PLACED IN THAT
CIRCUMSTANCE, DEPENDING UPON THE AGE AND MATURITY AND THE DESIRE OF
THAT CHILD TO VISIT WITH HIS OR HER PARENT.
SO I DO HAVE SOME MISGIVINGS ABOUT THIS -- THIS BILL,
AND ALTHOUGH I VOTED IN FAVOR OF IT THE LAST TIME, I ACTUALLY THINK THAT
I'M GOING TO VOTE NO BECAUSE I THINK THAT WE NEED TO DO A BETTER JOB, I
THINK, OF REALLY CRAFTING THE MECHANISM BY WHICH WE WOULD BE
EVALUATING THE BEST INTERESTS OF THE CHILD IN PUTTING A PROGRAM LIKE THIS
IN PLACE. I DO THINK -- I DO SUPPORT THE IDEA OF CONTINUING FAMILY
BONDS, AND I DON'T THINK THAT JUST BECAUSE AN INDIVIDUAL BECOMES
INCARCERATED THAT THEY SHOULD BE WALKING AWAY FROM THEIR CHILDREN IF
THEY WANT TO HAVE THAT CHILD REMAIN IN THEIR LIVES. I DO THINK THAT WE --
WE DO NEED TO WORK SOMETHING OUT. I JUST THINK THAT IT NEEDS TO BE A
LITTLE BIT MORE FULLY FORMED BEFORE THIS -- THIS BODY VOTES ON IT.
BUT I THANK THE SPONSOR AND I WILL CAST MY VOTE IN THE
NEGATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. SOLAGES.
(PAUSE)
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 365 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 244. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
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(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
TAGUE AND MR. SALKA IN THE NEGATIVE, ALONG WITH MR. WALCZYK AND
MARY BETH WALSH. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06787-D, CALENDAR
NO. 245, WALLACE, EPSTEIN, MOSLEY, M.G. MILLER, SIMON, GOTTFRIED, L.
ROSENTHAL, REYES, OTIS, SIMOTAS, QUART, KIM, RODRIGUEZ, FAHY,
ABINANTI, WEPRIN, ORTIZ, COLTON. AN ACT TO AMEND THE EDUCATION LAW,
IN RELATION TO THE USE OF BIOMETRIC IDENTIFYING TECHNOLOGY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WALLACE.
MS. WALLACE: YES. SO THIS BILL IMPOSES A
MORATORIUM ON THE USE AND PURCHASE OF BIOMETRIC IDENTIFYING
TECHNOLOGY, INCLUDING FACIAL RECOGNITION TECHNOLOGY, IN SCHOOLS UNTIL
JULY 1, 2022 OR UNTIL SUCH TIME AS THE COMMISSIONER OF EDUCATION
STUDIES THE ISSUE AND REPORTS BACK TO THIS LEGISLATURE AND TO THE
GOVERNOR AS TO WHETHER AND UNDER WHAT CIRCUMSTANCES IS APPROPRIATE
TO USE THAT TECHNOLOGY IN NON-PUBLIC AND PUBLIC SCHOOLS. IT REQUIRES
THE COMMISSIONER TO CONSULT WITH THE STATE EDUCATION CHIEF PRIVACY
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OFFICER. IT REQUIRES THE COMMISSIONER TO HOLD PUBLIC HEARINGS AND TO
CONSULT WITH STAKEHOLDERS INCLUDING PARENTS, TEACHERS, SCHOOL
ADMINISTRATORS, SCHOOL SAFETY EXPERTS, EXPERTS IN DATA PRIVACY AND
EXPERTS IN STUDENT PRIVACY.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD --
MS. WALLACE: YES.
ACTING SPEAKER AUBRY: MS. WALLACE YIELDS.
MR. GOODELL: THANK YOU, MS. WALLACE. I KNOW
THAT THIS BILL CAME UP LAST YEAR FOR A VOTE. WHAT HAS HAPPENED IN THIS
AREA SINCE THIS BILL FIRST CAME UP? HAS THE BOARD OF EDUCATION OR THE
STATE EDUCATION DEPARTMENT MOVED FORWARD WITH STUDIES? WHAT HAS
HAPPENED?
MS. WALLACE: WELL, IF YOU RECALL WE NEVER PASSED
IT INTO LAW, SO I DON'T THINK ANYTHING HAS HAPPENED IN TERMS OF MOVING
FORWARD WITH STUDIES AT THIS POINT.
MR. GOODELL: HAVE YOU CONTACTED THE STATE
EDUCATION DEPARTMENT TO SOLICIT THEIR COMMENTS AND INPUT ON THIS?
MS. WALLACE: YES, I'VE BEEN IN CONTACT WITH THE
STATE EDUCATION DEPARTMENT THROUGHOUT DRAFTING THIS LEGISLATION.
MR. GOODELL: AND THEY HAVE THE AUTHORITY UNDER
CURRENT LAW, RIGHT, TO DO SUCH A STUDY. WHAT WAS THEIR VIEW ON WHY
THEY HAVEN'T?
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MS. WALLACE: SO, AT SOME POINT THE STATE
EDUCATION DEPARTMENT ISSUED SECTION 2(D), WHICH AT ONE POINT THEY
WERE TAKING THE POSITION THAT DID ADDRESS THE CONCERNS RAISED IN HERE
AND NOW I THINK THEY'RE TAKING A DIFFERENT POSITION, SAYING THAT STUDENT
DATA IS NOT COVERED UNDER 2(D). SO, QUITE FRANKLY, IT SEEMS TO ME THAT
WE NEED A THOUGHTFUL STATEWIDE POLICY AND GUIDELINES AND WE DO NOT
CURRENTLY HAVE THOSE UNDER THE LAW.
MR. GOODELL: AS YOU KNOW, UNDER OUR STATE
CONSTITUTION SINCE ACTUALLY 1784, THE EDUCATION SYSTEM IN NEW YORK
STATE HAS BEEN UNDER AN INDEPENDENTLY-SELECTED BOARD OF REGENTS,
WHICH IS KIND OF INTERESTING. IT'S RATHER UNIQUE IN -- IN THE NATION. SO
IT'S -- IT'S NOT UNDER THE GOVERNOR'S CONTROL AND IT'S NOT REALLY UNDER THE
LEGISLATURE'S CONTROL ALTHOUGH, OBVIOUSLY, WE -- WE CAN PASS LAWS. BUT
THERE'S BEEN THAT CONCEPT FOR ALMOST 300 YEARS, 200-AND-SOME YEARS,
THAT -- THAT WE TRUST OUR EDUCATION SYSTEM TO THE BOARD OF REGENTS AND
THEY, OF COURSE, ARE IN CHARGE OF SELECTING THE COMMISSIONER OF
EDUCATION AND OVERSEEING THE EDUCATION DEPARTMENT. AND THEN UNDER
THEM, WE HAVE LITERALLY THOUSANDS OF INDEPENDENTLY-ELECTED SCHOOL
DISTRICTS ELECTED BY VOTERS AND -- AND RESIDENTS WITHIN THEIR SCHOOL.
WHY DO YOU THINK WE SHOULDN'T TRUST THIS TYPE OF EDUCATIONAL POLICY TO
THE CONSTITUTIONALLY-DESIGNATED ENTITY CHARGED WITH THAT RESPONSIBILITY?
IS IT YOUR VIEW THEY'RE NEGLECTING THEIR RESPONSIBILITY IN THIS AREA?
WHY WOULD WE STEP IN IN AN AREA WHERE WE NORMALLY EXERCISE A GREAT
DEAL OF DEFERENCE?
MS. WALLACE: WELL, I THINK WE DO TRY TO EXERCISE
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A GREAT DEAL OF DEFERENCE, BUT, YOU KNOW, WHEN THERE ARE
CIRCUMSTANCES THAT DICTATE THAT THIS LEGISLATIVE BODY STEP IN AND
PROVIDE GUIDELINES OR PARAMETERS, WE HAVE NOT HESITATED TO DO SO AND I
THINK THIS IS ONE OF THOSE CIRCUMSTANCES.
MR. GOODELL: ALONG THE SAME LINES, NONE OF US IN
THIS CHAMBER, CERTAINLY, WERE ELECTED CURRENTLY TO ANY SCHOOL BOARD,
BUT THERE ARE OTHER INDIVIDUALS IN OUR COMMUNITY THAT ARE HIGHLY
RESPECTED THAT HAVE BEEN ELECTED BY THE LOCAL RESIDENTS TO THE SCHOOL
BOARD. SHOULDN'T THIS BE A LOCAL DECISION MADE BY LOCALLY-ELECTED
SCHOOL BOARD MEMBERS WHOSE FOCUS IS WHAT'S IN THE BEST INTEREST OF
THAT SCHOOL?
MS. WALLACE: WELL, I THINK WE OFTEN TRY TO DEFER
TO THE LOCAL SCHOOL BOARDS, BUT IN THIS INSTANCE WE'RE TALKING ABOUT
TECHNOLOGY THAT MANY OF US REALLY DON'T UNDERSTAND AND REQUIRES A
REALLY DEEP DIVE INTO HOW IT WORKS, WHAT THE POTENTIAL RISKS OF USING IT
ARE, WHAT THE -- WHAT THE EFFECTIVENESS OF IT IS. AND I THINK IT WOULD BE
-- BEHOOVE US TO HAVE A STATEWIDE POLICY WHERE WE HAVE THE BODY
THAT'S IN CHARGE OF THESE DECISIONS TO DO THAT DEEP DIVE AND SET
GUIDELINES FOR ALL OF NEW YORK STATE SCHOOLS. TO SET MINIMUM, FOR
EXAMPLE, ACCURACY CRITERIA, CRITERIA ON WHAT SHOULD -- WHO SHOULD HAVE
ACCESS TO THAT DATA, HOW SHOULD IT BE DISPOSED. WHAT -- WHAT KINDS OF
INFORMATION CAN BE STORED. SO THERE'S -- THERE'S ALL KINDS OF QUESTIONS
THAT ARISE WITH THIS KIND OF TECHNOLOGY, AND I THINK IT'S BEST TO HAVE -
JUST LIKE WE'RE PROVIDING GUIDANCE RIGHT NOW - A STRUCTURE FOR SCHOOLS
TO OPERATE WITHIN -- IN THE COVID ERA, WE SHOULD PROVIDE A STRUCTURE
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FOR SCHOOLS TO OPERATE WITHIN -- IF THEY PLAN ON USING THIS TECHNOLOGY, IF
THE SCHOOL EDUCATION DEPARTMENT EVEN THINKS IT'S A GOOD IDEA TO USE IT
IN THE FIRST PLACE.
MR. GOODELL: SINCE THIS BILL WAS INTRODUCED LAST
YEAR AND NOW IT'S BEEN REINTRODUCED THIS YEAR, HAS THE TIME FRAME FOR
THIS STUDY BEEN MOVED BACK A YEAR?
MS. WALLACE: YES, IT HAS. I BELIEVE IT HAS. AND
IT'S ALSO CHANGED THE CRITERIA. BEFORE IT WAS UNTIL -- UNTIL 2022 -- I
THINK IT WAS 2021, NOW IT'S UNTIL 2022 OR UNTIL SUCH TIME AS THE
COMMISSIONER HAD THE OPPORTUNITY TO STUDY THAT BECAUSE OBVIOUSLY THE
COMMISSIONER AND STATE EDUCATION IS VERY BUSY AT THIS MOMENT GIVEN
THE PANDEMIC.
MR. GOODELL: NOW AS YOU CAN APPRECIATE, A LOT OF
OUR CONSTITUENTS, A LOT OF PARENTS, IN PARTICULAR, BUT ALSO SCHOOL BOARDS
ARE EXTRAORDINARILY CONCERNED ABOUT SCHOOL SAFETY, AND FOR GOOD
REASON. BECAUSE PERIODICALLY WE HEAR HORRIFIC STORIES OF SCHOOLS
UNDERGOING JUST HORRIFIC SITUATIONS INVOLVING SCHOOL SAFETY OR SHOOTINGS
OR OTHER ACTS OF VIOLENCE. SHOULDN'T WE ENCOURAGE THE SCHOOL DISTRICTS
TO LOOK AT EMERGING TECHNOLOGY AND DO EVERYTHING WITHIN THEIR POWER,
SUBJECT TO THEIR REASONABLE DISCRETION, TO PROTECT OUR -- OUR KIDS -- OUR
MOST VALUABLE RESOURCE, IF YOU WILL -- FROM DANGERS THAT WE MIGHT BE
ABLE TO IDENTIFY WITH THIS TYPE OF TECHNOLOGY?
MS. WALLACE: SO, YES, OF COURSE. I HAVE A -- I
HAVE A STUDENT MYSELF IN SCHOOL, AND OF COURSE WE ALL WANT TO KEEP OUR
CHILDREN SAFE. THAT'S PARAMOUNT. BUT WE ALSO NEED TO MAKE SURE WE
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DO SO IN A WAY THAT DOESN'T COMPROMISE THEIR SAFETY IN OTHER WAYS. FOR
EXAMPLE, BY USING A TECHNOLOGY THAT MIGHT HAVE FALSE POSITIVES, OR BY
USING A TECHNOLOGY THAT MIGHT COMPROMISE THEIR DATA SECURITY IN SOME
WAY. I ALSO WANT TO MENTION THAT THE MONEY FOR -- THE MONEY FOR THIS
TECHNOLOGY HAS TRADITIONALLY BEEN SOUGHT, AND TO THE EXTENT THAT IT'S
BEEN ACQUIRED, HAS COME UNDER THE SMART SCHOOLS BOND FUND ACT
WHICH WAS ORIGINALLY INTENDED TO UPGRADE INFRASTRUCTURE AND IMPROVE
WIRELESS CONNECTIVITY AND PURCHASE THINGS LIKE TABLETS AND DEVICES TO
IMPROVE STUDENT LEARNING. SOMETHING THAT'S BECOME ALL THE MORE
URGENT IN THIS ENVIRONMENT THAT WE'RE IN. SO I THINK THAT WE HAVE AN
OBLIGATION AS GOOD STEWARDS OF TAXPAYER DOLLARS TO MAKE SURE THAT THAT
-- THAT MONEY IS BEING SPENT IN A WAY THAT GETS -- THE MONEY IS SPENT IN
A WAY THAT MAKES SURE THAT THE BENEFITS OF THE TECHNOLOGY BEING
ACQUIRED DON'T -- THAT THEY OUTWEIGH THE RISKS THAT MIGHT ACCOMPANY
THAT TECHNOLOGY. SO I THINK IT'S COMMONSENSE TO PUT CHILDREN FIRST BY
USING THIS TECHNOLOGY, BY USING THIS -- I'M SORRY, IT'S COMMONSENSE TO
PUT CHILDREN FIRST BY ENSURING THAT OUR -- IN ENSURING THAT OUR TAX
DOLLARS ARE BEING SPENT WISELY. PARDON ME.
MR. GOODELL: YOU MENTIONED THE CONCERN THAT
THIS EQUIPMENT IS NOT A HUNDRED-PERCENT POSITIVE OR ACCURATE, THAT YOU
CAN HAVE A FALSE POSITIVE. AND OF COURSE, AS YOU KNOW, THAT IS ALSO THE
CASE OFTEN WITH MEDICAL TESTS.
MS. WALLACE: I'M SORRY.
MR. GOODELL: WITH MEDICAL TESTS. SO IF YOU'RE
TESTED FOR COVID, FOR EXAMPLE, SOME OF THE TESTS WE KNOW WILL GIVE
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YOU A POSITIVE READING EVEN THOUGH YOU AREN'T ACTUALLY INFECTED. IT'S A
FALSE POSITIVE. AND THAT'S TRUE FOR ALMOST EVERY MEDICAL TEST. WE STILL
USE THOSE MEDICAL TESTS, EVEN THOUGH THEY GIVE A FALSE POSITIVE BECAUSE
WE RECOGNIZE THAT THE DANGER OF A FALSE POSITIVE IS SO MUCH LOWER THAN
NOT MOVING FORWARD. SO IN THIS CONTEXT, EVEN IF THE SYSTEM IS NOT A
HUNDRED-PERCENT RELIABLE, IF IT HAS THE SUBSTANTIAL RELIABILITY AND AS A
RESULT SAVES, YOU KNOW, HUNDREDS OF KIDS' LIVES BY CORRECTLY IDENTIFYING
A POTENTIAL THREAT, SHOULDN'T WE MOVE FORWARD WHILE AT THE SAME TIME
MITIGATING THE DAMAGES, IF YOU WILL, OR PROBLEMS WITH A FALSE POSITIVE?
I MEAN, WE COULD DEAL WITH A FALSE POSITIVE BY SAYING IF YOU'VE BEEN
POSITIVELY IDENTIFIED BY THE SYSTEM, WE HAVE A MECHANISM FOR YOU TO
ADDRESS THAT, YOU KNOW, FAIRLY AND QUICKLY, CONSISTENT WITH DUE
PROCESS. SHOULDN'T WE TAKE THAT APPROACH, DEALING WITH THE FALSE
POSITIVES ON ONE HAND BUT STILL MAXIMIZING THE SAFETY OF OUR STUDENTS
BY MOVING FORWARD WITH A SYSTEM THAT, LIKE ANY OTHER SYSTEM, IS NOT A
HUNDRED-PERCENT RELIABLE?
MS. WALLACE: WELL, I THINK YOU'RE MAKING A FALSE
ASSUMPTION THAT THE FALSE POSITIVES ARE A RISK THAT WE'RE WILLING TO TAKE
BECAUSE IT WILL SAVE ALL THIS MANY LIVES. AND I'M NOT SURE THAT WE
REALLY KNOW THAT TO BE TRUE. I THINK THIS TECHNOLOGY IS SOMEWHAT
UNPROVEN AND WE DON'T KNOW HOW EFFECTIVE IT IS. AND BY THE WAY, THIS
LEGISLATION WOULD IMPOSE A MORATORIUM FOR THE NEXT TWO YEARS, DURING
WHICH TIME MOST OF THE CHILDREN, IF THEY EVEN DO GO TO SCHOOL, ARE
GOING TO BE WEARING FACE MASKS. SO I QUESTION WHETHER THIS IS EVEN
GOING TO BE USEFUL IN THE NEXT TWO YEARS ANYWHERE AT LEAST IN THE
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SHORT-TERM ANYWAY. BUT I ALSO WANT TO SAY THAT IF YOU'RE THE PARENT OF A
CHILD WHO HAS BEEN FALSELY IDENTIFIED, MISIDENTIFIED, I GUESS, UNDER THIS
TECHNOLOGY, I DON'T THINK THAT'S A RISK YOU'RE WILLING TO TAKE. AND THERE
ARE POTENTIAL CIVIL RIGHTS IMPLICATIONS WHEN YOU HAVE TECHNOLOGY THAT
HAS BEEN SHOWN IN MANY INSTANCES TO HAVE A DISPROPORTIONATE IMPACT
ON PEOPLE OF EITHER -- ON CHILDREN, ON PEOPLE OF COLOR, ON WOMEN. SO I
-- I DO THINK IT'S A -- I -- I DON'T THINK IT'S A RISK WE CAN JUST SAY WE'RE
WILLING TO TAKE.
MR. GOODELL: WELL, WHAT IS THE FALSE POSITIVE
RATE?
MS. WALLACE: SO, LET ME SEE. SO JUST SOME
EXAMPLES OF STUDIES, IN 2018 A COALITION OF BLACK SCHOLARS PUBLISHED
RESEARCH WHERE THEY CONCLUDED THAT VARIOUS FACIAL RECOGNITION,
ALGORITHMS, MISCLASSIFIED BLACK WOMEN NEARLY 35 PERCENT OF THE TIME.
ANOTHER STUDY -- STUDY IN 2019 DONE BY MIT CONFIRMED THAT RACIAL BIAS
EXISTS WITH REGARD TO AMAZON'S FACIAL RECOGNITION SOFTWARE. AND IN
2019, THE DEPARTMENT OF HOMELAND SECURITY ISSUED A REPORT WHERE
THEY CONCLUDED THAT DARKER SKIN POSES CHALLENGES FOR COMMERCIAL
FACIAL RECOGNITION. I THINK THERE WERE ALSO OTHER STUDIES. SO I THINK IT'S
NOT CLEAR HOW ACCURATE IT IS. AND, YOU KNOW, ONE OF THE THINGS THIS BILL
SEEKS TO DO IS HAVE THE COMMISSIONER TELL SCHOOL DISTRICTS, OKAY, IF YOU
ARE GOING TO USE THIS TECHNOLOGY, YOU HAVE TO HAVE THIS THRESHOLD LEVEL
OF ACCURACY BEFORE YOU CAN ACQUIRE IT AND USE IT.
MR. GOODELL: I FOUND THAT DATA OBVIOUSLY OF GREAT
CONCERN. AND AS YOU NOTED, IT WAS PARTICULARLY UNRELIABLE IDENTIFYING
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PEOPLE OF COLOR. BUT AS YOU KNOW, WE HAVE TREMENDOUS DIVERSITY
WITHIN THE STATE -- WITHIN THE STATE, INCLUDING MANY SCHOOL DISTRICTS
WHERE THE NUMBER OF PEOPLE OF COLOR ARE EXTRAORDINARILY SMALL. I
MEAN, THERE WAS NO ONE OF COLOR IN MY GRADUATING CLASS OR IN MY ENTIRE
HIGH SCHOOL WHEN I GRADUATED. AND THAT'S NOT UNCOMMON UPSTATE.
RATHER THAN HAVE A ONE-SIZE-FIT-ALL MANDATED BAN, WOULDN'T A BETTER
APPROACH BE A MORE NUANCED APPROACH THAT RECOGNIZES THAT FALSE
POSITIVES ARE HIGHER UNDER SOME CIRCUMSTANCES AND VERY LOW UNDER
OTHER CIRCUMSTANCES AND ALLOW THE TECHNOLOGY TO PROCEED TO PROTECT
OUR KIDS WHERE THE SYSTEM SEEMS TO BE MOST ACCURATE?
MS. WALLACE: NO, BECAUSE ONLY -- IF YOU ONLY
HAVE FIVE STUDENTS OF COLOR IN A SCHOOL THAT'S NOT THE ISSUE. IF THAT
STUDENT IS MISIDENTIFIED AS SOMEBODY WHO'S NOT ALLOWED TO COME ON
CAMPUS AND SOMEHOW SUFFERS SOME CONSEQUENCE AS A RESULT OF THAT, IT'S
NOT -- IT'S NOT -- IT DOESN'T HAVE A RELATIONSHIP TO THE NUMBER OF STUDENTS
IN THE SCHOOL THAT ARE OF COLOR, IT'S ANY STUDENTS OF COLOR MIGHT BE
MISIDENTIFIED.
MR. GOODELL: THANK YOU, MS. WALLACE. I
APPRECIATE YOUR COMMENTS.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I THINK THAT THE MOST HORRIFIC THING
THAT CAN EVER HAPPEN TO A PARENT IS TO HEAR IN THE NEWS OR GET A PHONE
CALL THAT THERE'S A SHOOTING AT YOUR CHILD'S SCHOOL OR THAT THERE'S SOME
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LEVEL OF VIOLENCE THAT THREATENS THE VERY LIFE OF YOUR CHILD. AND OUR
SCHOOLS WRESTLE WITH THAT HORRIFIC CHALLENGE OF HOW TO MAXIMIZE THE
SAFETY OF THEIR STUDENTS WITHIN THE RESOURCES THEY HAVE. AND OUR
EDUCATION DEPARTMENT, COMPOSED OF OUR EXPERTS, WRESTLE WITH THE
SAME ISSUE. AND WE SHOULD RESPECT THE FACT THAT THE BOARD OF REGENTS
IS CHALLENGED WITH THE RESPONSIBILITY OF BALANCING THOSE ISSUES. AND
WE SHOULD RESPECT THE FACT THAT OUR STATE EDUCATION DEPARTMENT, NOT
THE STATE LEGISLATURE, IS COMPOSED OF EXPERTS THAT LOOK AT THESE ISSUES
ALL THE TIME. AND WE SHOULD RESPECT THE FACT THAT THE INDIVIDUAL SCHOOL
DISTRICTS, HEADED UP BY A SCHOOL BOARD THAT'S ELECTED BY THE RESIDENTS OF
THAT DISTRICT, HEADED UP BY HIGHLY-EDUCATED AND SKILLED
SUPERINTENDENTS, ARE IN THE BEST POSITION TO DECIDE HOW TO BEST PROTECT
THEIR STUDENTS. SO I ACKNOWLEDGE MY COLLEAGUE'S CONCERN THAT THIS IS
NOT ACCURATE, ESPECIALLY IN CERTAIN SITUATIONS. BUT I DON'T THINK WE
SHOULD BAN A TECHNOLOGY THAT COULD SAVE LIVES, AND I THINK WE SHOULD
RESPECT THE EXPERTISE AND RESPONSIBILITY OF OTHERS WHO ARE CHARGED WITH
THIS RESPONSIBILITY.
THANK YOU, AND AGAIN, THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER AUBRY: MR. DIPIETRO.
(PAUSE)
MR. DIPIETRO: ARE WE ON NOW? HELLO?
(PAUSE)
ACTING SPEAKER AUBRY: YOUR CLOCK IS
RUNNING, SIR.
MR. DIPIETRO: CAN YOU HEAR ME? I DIDN'T -- I
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ASKED THAT THREE TIMES.
ACTING SPEAKER AUBRY: YES.
MR. DIPIETRO: I DIDN'T KNOW IF I WAS -- ALL RIGHT.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. WALLACE?
MR. REILLY.
(PAUSE)
MR. REILLY: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: GO AHEAD, PROCEED.
MR. REILLY: MR. DIPIETRO IS BEING HEARD. CAN YOU
HEAR HIM? HE'S --
ACTING SPEAKER AUBRY: MR. REILLY, YOU'RE ON
AT THE MOMENT.
MR. REILLY: I'M NOT --
ACTING SPEAKER AUBRY: WE'LL GET BACK TO MR.
DIPIETRO.
MR. REILLY: OKAY, GREAT. THANK YOU, MR.
SPEAKER. WILL THE SPONSOR YIELD?
MS. WALLACE: YES, I WILL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. REILLY: THANK YOU. I HAVE A QUESTION ABOUT
THE, I GUESS, THE LOCKPORT SCHOOL DISTRICT. I KNOW THAT THERE -- THERE
WAS SOME CONCERN ABOUT IT BEING INTRODUCED THERE. DO YOU KNOW IF
THERE WAS ANY REMEDIATION IN REGARDS TO THE IMPLEMENTATION AND
REVIEW BY THE NEW YORK STATE EDUCATION DEPARTMENT?
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MS. WALLACE: SO, I KNOW THAT THE BETTER PART OF
LAST YEAR THE STATE EDUCATION DEPARTMENT WENT BACK AND FORTH WITH THE
SCHOOL DISTRICT, TRYING TO ADDRESS SOME CONCERNS THAT WERE BEING RAISED
WITH WHETHER THE STUDENT DATA WAS ADEQUATELY PROTECTED, WHO WOULD
BE IN THE DATABASE, AND WHO WOULD HAVE ACCESS TO IT AND ALL THE
QUESTIONS THAT THIS BILL RAISES. I BELIEVE THAT THEY HAVE BEEN -- THEY'RE
STILL SORT OF SOMEWHAT UNRESOLVED ON THAT ISSUE. STATE EDUCATION HAD
HAS SAID THAT LOCKPORT CAN USE IT UNDER CERTAIN CIRCUMSTANCES. RIGHT
NOW THERE'S ACTUALLY A LAWSUIT PENDING WHERE THE NEW YORK CIVIL
LIBERTIES UNION HAS BROUGHT A LAWSUIT ALLEGING THAT THE USE OF THE
TECHNOLOGY VIOLATES CIVIL RIGHTS, AMONG OTHER THINGS.
MR. REILLY: SO IT IS MY UNDERSTANDING THAT THE
CLARIFICATION BY THE NEW YORK STATE EDUCATION DEPARTMENT WAS THAT
THE STUDENTS WOULD NOT BE SUBJECTED TO THE FACIAL RECOGNITION. DO YOU
-- DO YOU KNOW ANYTHING FURTHER ON THAT?
MS. WALLACE: YEAH. FOR THE TIME BEING, I
BELIEVE THAT IS TRUE. BUT THERE'S NOTHING IN THE LAW CURRENTLY
PROHIBITING ANOTHER SCHOOL DISTRICT FROM ALLOWING THEIR -- FROM
ACQUIRING THIS, PURCHASING THIS, USING IT AND INCLUDING STUDENTS IN THE
DATABASE. THERE'S NO GUIDELINES OR REGULATIONS RIGHT NOW. AND I ALSO
WOULD SAY THAT WITH REGARD TO LOCKPORT, THEY PLAN TO CONTINUE -- THEY
PLAN TO FULLY USE THIS IN THE FUTURE TO INCLUDE STUDENTS. SO I THINK THIS
IS AN ISSUE THAT WE NEED TO RESOLVE SOONER RATHER THAN LATER.
MR. REILLY: BUT IT -- DO -- DO YOU KNOW IF THE NEW
YORK STATE EDUCATION DEPARTMENT ACTUALLY ISSUED AND LOOKED AT THEIR
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REVISED GUIDANCE AND APPROVED IT?
MS. WALLACE: I'M -- I'M SORRY, CAN YOU -- I'M NOT
SURE WHAT YOU'RE ASKING.
MR. REILLY: THE LOCKPORT SCHOOL DISTRICT.
MS. WALLACE: YES.
MR. REILLY: THEY -- THEY WERE GOING BACK AND
FORTH WITH THE NEW YORK STATE EDUCATION DEPARTMENT --
MS. WALLACE: YES.
MR. REILLY: -- ON WHETHER TO -- HOW THEY CAN
CORRECT SOME OF THE CONCERNS.
MS. WALLACE: YES.
MR. REILLY: SO IT IS MY UNDERSTANDING THAT THEY --
THE NEW YORK STATE EDUCATION DEPARTMENT ASKED THEM TO ISSUE NEW
GUIDELINES, AND THAT WAS APPROVED BY THE NEW YORK STATE EDUCATION
DEPARTMENT. SO THEY, IN ESSENCE, WOULD BE SETTING A PROTOCOL FOR OTHER
DISTRICTS THROUGHOUT NEW YORK STATE. WOULD YOU -- WOULD YOU THINK
THAT MAY BE (UNINTELLIGIBLE)?
MS. WALLACE: SO THE -- LOCKPORT WENT BACK AND
FORTH, AS I SAID, WITH THE STATE EDUCATION DEPARTMENT SPECIFICALLY
TALKING ABOUT THE PARTICULAR TECHNOLOGY THAT -- THAT WAS BEING USED IN
LOCKPORT. SO THERE ARE NO STATEWIDE GUIDELINES TO ADDRESS WHAT WOULD
HAPPEN IN THE NEXT INSTANCE WITH THE NEXT SCHOOL DISTRICT. AND I THINK
RATHER THAN HAVE PIECEMEAL DISCUSSIONS, WE SHOULD HAVE A DEEP DIVE,
THOUGHTFUL STATEWIDE UNIFORM POLICY THAT APPLIES TO SCHOOL DISTRICTS
FROM LONG ISLAND TO NIAGARA FALLS.
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MR. REILLY: WELL, I -- I APPRECIATE THAT, AND I SAY
THAT ABOUT MANY PIECES OF LEGISLATION WE DISCUSS HERE. SO I DEFINITELY
AGREE WITH YOU THAT WE SHOULD ACTUALLY HAVE MORE DETAILED
CONVERSATIONS. THE ONE PART ABOUT THIS WITH THE NEW YORK STATE
EDUCATION DEPARTMENT AND THE FACIAL RECOGNITION TECHNOLOGY, I THINK
WE CAN LOOK AT IT AS IF IT'S THE COMMISSIONER ISSUING DECISIONS ON
APPEALS BY STUDENTS, FAMILIES AND DISTRICTS. SO THIS WOULD BE -- THE
LOCKPORT SCHOOL DISTRICT, ACTUALLY, IN CONSULTATION WITH THE NEW YORK
STATE EDUCATION DEPARTMENT AND, IN ESSENCE, THE COMMISSIONER, AND
THE COMMISSIONER ISSUED THE GUIDANCE. SO THAT GUIDANCE WOULD
MANDATE ALL OTHER SCHOOL DISTRICTS THROUGHOUT THE STATE TO COMPLY AND
ACTUALLY FIT THE CRITERIA UNDER THAT GUIDANCE NOW. DO YOU THINK THAT
THAT WOULD BE SUFFICED BY THEIR GUIDANCE BEING THAT LEADING ISSUE FOR
FUTURE DISTRICTS?
MS. WALLACE: SO, I -- I DON'T THINK THAT THEY HAVE
ISSUED GUIDANCE THAT APPLIES TO ALL SCHOOL DISTRICTS STATEWIDE. AND
MORE IMPORTANTLY, I KNOW THAT THEY HAVEN'T DONE THE KIND OF STUDY THAT
THIS BILL WOULD REQUIRE BY ASKING THERE TO BE PUBLIC HEARINGS, BY
CONSULTING EXPERTS IN THE FIELD, INCLUDING, AS I SAID BEFORE, EXPERTS IN
PRIVACY AND DATA PRIVACY AND TECHNOLOGY. EXPERTS IN SCHOOL SAFETY,
PARENTS, TEACHERS. SO I THINK THE ANSWER TO THAT IS I DON'T THINK THAT
THERE ARE STATEWIDE GUIDELINES THAT APPLY TO EVERY SCHOOL DISTRICT. IT
WAS A JUST SORT OF A BACK AND FORTH BETWEEN THE SCHOOL DISTRICT AND THE
-- SED. SO RATHER THAN HAVE THAT HAPPEN EVERY SINGLE TIME THE SCHOOL
WANTS TO ACQUIRE AND USE THIS TECHNOLOGY, WHY DON'T WE LOOK AT THIS
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ISSUE DEEPLY, ESPECIALLY RIGHT NOW WHEN, AS I SAID, EVERYONE'S GOING TO
BE WEARING FACE MASKS IF THE STUDENTS ARE EVEN IN SCHOOL. SO I'M NOT
SURE WHY A MORATORIUM AT THIS POINT DOESN'T MAKE A LOT OF SENSE. AND
BY THE WAY, AS I MENTIONED, THE LOCKPORT SCHOOL DISTRICT IS CURRENTLY
IN LITIGATION OVER THIS, WHERE THERE'S GOING TO BE A LOT OF MONEY SPENT
ON LAWYER FEES THAT WOULD BE BETTER SERVED SPENT ON PPE AND CLEANING
PROTOCOLS AND INCREASED TRANSPORTATION. ALL THE THINGS WE'RE GOING TO
NEED THIS MONEY FOR. SO RATHER THAN HAVE ALL THESE LITTLE SCHOOL
DISTRICTS ENGAGE IN LITIGATION, IF SOME ORGANIZATION OR PARENT DOESN'T
THINK THAT THE DISTRICT ADEQUATELY IS PROTECTING THEIR STUDENTS' DATA OR
INTERESTS, WHY DON'T WE JUST GO AHEAD AND LOOK AT THIS STATEWIDE,
ESPECIALLY AT THIS POINT, AND COME UP WITH A COMPREHENSIVE, THOUGHTFUL
POLICY?
MR. REILLY: SO, MANY TIMES WE DISCUSSED IN THIS
CHAMBER AND IN THE LEGISLATURE ALL TOGETHER, DEMONSTRATION PROGRAMS
WITH CAMERAS, SUCH AS SCHOOL BUS ARM CAMERAS, SPEED CAMERAS. HOW
MANY -- HOW MANY PROJECTS IN DISTRICTS IN NEW YORK STATE ARE WE
CURRENTLY AWARE OF THAT WERE APPROVED FOR IMPLEMENTATION OF THIS
FACIAL RECOGNITION? AND IF IT'S, SAY, ONE OR TWO DISTRICTS, WHAT IF WE USE
THOSE AS A MODEL TO ACTUALLY EVALUATE AND PROVIDE GUIDANCE FOR THIS
STUDY THAT WE'RE CALLING FOR SO IT WOULD, IN ESSENCE, BE A DEMONSTRATION
PROGRAM WHICH WE CAN USE THAT INFORMATION FOR FUTURE DISTRICTS, FOR OUR
FUTURE IMPLEMENTATION?
MS. WALLACE: BECAUSE I DON'T THINK THAT WE
SHOULD BE USING OUR STUDENTS AS GUINEA PIGS WITHOUT HAVING A
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THOUGHTFUL, DEEP DIVE STUDY OF THIS ISSUE FIRST.
MR. REILLY: WELL, I -- I AGREE WITH YOU THAT NOT --
IT'S GUINEA PIGS, BUT LOCKPORT ALREADY ENGAGED WITH THE NEW YORK
STATE EDUCATION DEPARTMENT, ENSURING THAT ONLY NON-STUDENTS WOULD BE
-- WOULD -- THE TECHNOLOGY WOULD BE USED ON ENTERING A SCHOOL
BUILDING. IF THOSE PROTOCOLS ARE IN PLACE FOR A DEMONSTRATION PROGRAM,
I THINK THAT'S A SUFFICIENT SAFEGUARD, POTENTIALLY, SINCE WE'VE USED THEM
IN OTHER TECHNOLOGY ADVANCEMENTS FOR PUBLIC SAFETY.
MS. WALLACE: SO, I'M -- I'M SORRY. LOCKPORT IS
NOT USING IT ON STUDENTS RIGHT NOW. SO ARE YOU SAYING THAT WE SHOULD
ALLOW THEM TO BE USED ON STUDENTS OR NOT? BECAUSE THEY'RE NOT
ALLOWED TO USE IT ON STUDENTS RIGHT NOW.
MR. REILLY: NO, THAT -- THAT'S MY POINT, THAT THEY
ENTERED INTO AN AGREEMENT WITH THE NEW YORK STATE EDUCATION
DEPARTMENT AFTER REVIEWING THEIR PROTOCOLS, AND THE STUDENTS ARE NOT
PART OF THE FACIAL RECOGNITION. SO BY -- THIS LEGISLATION WOULD PREVENT
THEM FROM USING IT ALL TOGETHER, BUT WE COULD USE THEM AS -- USE THAT --
THE LOCKPORT SCHOOL DISTRICT AS THE DEMONSTRATION PROGRAM TO HELP
WITH THE STUDY. SO, THEREFORE, THE TECHNOLOGY IS ACTUALLY IN PRACTICE
BEING USED, NOT ON STUDENTS, BUT ON MAYBE ADULTS THAT COULD BE A THREAT
TO THE SCHOOL COMMUNITY, THAT'S -- THAT'S SOMETHING THAT I THINK WOULD
HELP ACTUALLY DEVELOP A PROTOCOL STATEWIDE.
MS. WALLACE: WELL, THIS BILL ISN'T REALLY ABOUT ONE
SPECIFIC SCHOOL DISTRICT. AND LOCKPORT ITSELF SAYS THAT THE TECHNOLOGY
IS REALLY NOT THAT USEFUL IF THEY CAN'T FULLY USE IT TO INCLUDE STUDENTS,
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WHICH THEY -- WHICH THEY CURRENTLY ARE ADVOCATING TO DO. SO, YOU
KNOW, JUST BECAUSE THEY CAN'T USE IT RIGHT NOW DOESN'T MEAN WE SHOULD
LET THEM GO AHEAD AND CONTINUE USING IT AS THEY ARE WHEN WE KNOW
THEY'RE ALSO ADVOCATING TO USE IT FOR STUDENTS. SO THIS IS RAISING THE
CONCERN THAT I'VE BEEN DISCUSSING, WHICH IS WE NEED TO HAVE A STUDY TO
LOOK AT. WHAT IS THIS TECHNOLOGY GOING TO BE USED FOR, WHO'S GOING TO
HAVE ACCESS TO IT, WHAT SAFETY PROTOCOLS ARE IN PLACE TO MAKE SURE THAT
THE STUDENTS' DATA WON'T BE COMPROMISED. IS IT GOING TO BE USED FOR
SAFETY OR FOR DISCIPLINE OF STUDENTS OR BOTH? THERE'S LOTS OF
UNANSWERED QUESTIONS. AND THE SCHOOL DISTRICT AT ISSUE, LOCKPORT, IS
JUST ONE OF MANY SCHOOL DISTRICTS THAT WANT TO HAVE THIS TECHNOLOGY.
AND SO I THINK IT BEHOOVES US TO RIGHT NOW LOOK AT IT AND JUST MAKE A
DECISION FIRST BEFORE WE GO AHEAD AND ALLOW IT TO BE USED AND REGRET IT
IN THE FUTURE.
MR. REILLY: OKAY. SO DO WE KNOW -- DO WE HAVE
A NUMBER OF HOW MANY DISTRICTS ACTUALLY HAVE IT IMPLEMENTED?
MS. WALLACE: I DO NOT. I THINK LOCKPORT IS THE
FIRST ONE IN THE STATE TO BEGIN TO USE IT. BUT I KNOW THERE WERE MANY
REQUESTS FOR SMART SCHOOLS FUND MONEY BEFORE -- WHEN THIS -- WHEN
THIS LEGISLATION WAS FIRST INTRODUCED. AND IT WAS INTRODUCED TO SAY,
LISTEN, THERE'S MILLIONS OF DOLLARS THAT DIFFERENT SCHOOL DISTRICTS ACROSS
THE STATE ARE SEEKING, AND BEFORE WE GO AHEAD AND SPEND THAT MILLIONS
OF DOLLARS -- WHICH, AS I SAID BEFORE, WAS INTENDED TO UPGRADE
INFRASTRUCTURE, ACQUIRE TABLETS, ALL THE THINGS THAT WE REALLY NEED THE
MONEY FOR RIGHT NOW -- LET'S MAKE SURE THAT THE BENEFITS THAT ARE BEING
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ADVOCATED THAT -- THAT -- THAT ARE BEING PURPORTED BY THE PEOPLE WHO
WANT TO SELL THIS TECHNOLOGY, THAT THOSE BENEFITS ACTUALLY OUTWEIGH
SOME OF THE RISKS THAT I THINK ARE FORESEEABLE.
MR. REILLY: OKAY. SO, WHEN -- WHEN THE SMART
SCHOOL BOND ACT, BEFORE I ENTERED THE ASSEMBLY, I WAS A -- WHEN I
WAS A MEMBER OF THE COMMUNITY EDUCATION COUNCIL SCHOOL BOARD FOR
STATEN ISLAND, THEY ACTUALLY PUT OUT -- THE NEW YORK STATE EDUCATION
DEPARTMENT PUT OUT REQUESTS FOR PUBLIC COMMENT ON IT, AND WE WERE
SUCCESSFUL IN ACTUALLY GETTING SCHOOL SAFETY AS PART OF THE SMART SCHOOL
BOND ACT. ORIGINALLY, THAT WASN'T GOING TO BE PART OF THAT -- THE -- THE
THINGS THAT ARE ELIGIBLE. SO I THINK HAVING THAT TECHNOLOGY COULD
ACTUALLY HELP INCREASE SECURITY FOR OUR SCHOOLS AND SAFETY FOR OUR
STUDENTS. BUT THE ONE KEY THING THAT I -- I WOULD LIKE TO -- TO MENTION
AND GET YOUR FEEDBACK ON IS, DO YOU THINK THAT HAVING MAYBE ONE PILOT
SCHOOL DISTRICT AS A DEMONSTRATION PROGRAM LIKE WE DO IN OTHER ASPECTS
OF PUBLIC SAFETY AND SPEED CAMERAS AND BUS CAMERAS, DO YOU THINK
HAVING ONE SCHOOL DISTRICT AS A MODEL FOR AN IMPLEMENTATION FOR A
DEMONSTRATION PROGRAM COULD HELP IN DEVELOPING A POLICY STATEWIDE?
MS. WALLACE: I THINK BEFORE WE START USING ONE AS
A DEMONSTRATION POLICY WE SHOULD HAVE THE ANSWERS TO SOME OF THE
QUESTIONS THAT I'VE RAISED, AND WE SHOULD HAVE A CONSULTATION WITH
EXPERTS. YOU KNOW, MAYBE IT IS -- MAYBE AFTER A DEEP DIVE IS DONE
THERE IS A CONSENSUS THAT IT MAKES SENSE TO USE THIS TECHNOLOGY UNDER
X, Y AND Z CIRCUMSTANCES, AND THEN WE CAN DO THE PILOT PROGRAM. BUT
I THINK WE'RE PUTTING THE CART BEFORE THE HORSE BY JUST LET'S GO AHEAD AND
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USE IT AND SEE HOW IT WORKS OUT FOR THESE -- THESE POOR KIDS WHO ARE
WHAT I BELIEVE ARE BIG GUINEA PIGS OF USING IT.
MR. REILLY: UNDERSTOOD. SO, ONE FINAL QUESTION.
WAS THERE ANY CONSULTATION WITH THE GOVERNOR'S OFFICE? AFTER THEY
ROLLED OUT CASHLESS TOLLING THROUGHOUT NEW YORK STATE, PART OF THE
CASHLESS TOLLING WAS ACTUAL FACIAL RECOGNITION AT OUR TOLLS. DID WE HAVE
ANY -- DID YOU HAVE ANY CONSULTATION WITH THE GOVERNOR'S OFFICE ON
HOW THEY IMPLEMENTED SOME OF THE PROTOCOLS THEY HAVE?
MS. WALLACE: NO. THIS IS ABOUT STUDENTS IN
USING THIS TECHNOLOGY IN SCHOOLS. THE BILL WAS VERY MUCH TAILORED TO
JUST COVER USING FACIAL RECOGNITION TECHNOLOGY ON STUDENTS IN SCHOOLS.
MR. REILLY: NO, NO. I FULLY -- I FULLY UNDERSTAND
THAT. I -- I KNOW THAT IT'S JUST FOR STUDENTS IN SCHOOLS. BUT I'M TALKING
ABOUT THE GENERAL TECHNOLOGY. BECAUSE HAVING SOME FEEDBACK WITH
THE FACIAL RECOGNITION AT THE -- AT THE -- WITH THE CASHLESS TOLL SYSTEM
MAY ACTUALLY HELP BECAUSE IT CAN PROVIDE DATA THAT WE MAY SAY, WELL,
THIS IS NO GOOD AT ALL. SO I'M HOPING THAT -- YOU KNOW, WE SHOULD ASK
FOR SOMEONE WHO IS ACTUALLY ENGAGED IN THE OPERATION AT THIS TIME.
MS. WALLACE: WELL, I'M SURE WHEN WE HAVE THE
STUDY, THE INDIVIDUALS WHO TESTIFY ABOUT THE USE OF THIS TECHNOLOGY AND
THE ACCURACY WOULD PRESUMABLY INCLUDE THAT INFORMATION IN THERE.
MR. REILLY: THANK YOU SO MUCH. I APPRECIATE
YOUR TIME. THANK YOU, MS. WALLACE.
MS. WALLACE: THANK YOU.
ACTING SPEAKER AUBRY: MR. DIPIETRO.
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MR. DIPIETRO: WOULD THE SPONSOR YIELD?
MS. WALLACE: YES, I WILL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. DIPIETRO: THANK YOU VERY MUCH. WHEN YOU
WERE TALKING TO ASSEMBLYMEMBER GOODELL YOU MADE A COMMENT AND I
HAD -- I RECEIVED A COUPLE OF TEXTS AND THAT'S -- COULD YOU JUST CLARIFY?
MAYBE I HEARD YOU WRONG. YOU MADE A COMMENT THAT YOU FORESEE IN
THE NEXT COUPLE OF YEARS, WAS IT CHILDREN WEARING MASKS?
MS. WALLACE: WELL, I -- I BELIEVE THAT SOME
SCHOOLS ARE GOING TO BE PUTTING -- I MEAN, I DON'T KNOW FOR SURE, BUT I --
I -- I EXPECT A LOT OF SCHOOLS, WHEN THE STUDENTS GO BACK, WE'LL BE
REQUIRING STUDENTS TO WEAR MASKS IN SCHOOL.
MR. DIPIETRO: DO YOU HAVE ANY -- I'VE TALKED TO
DR. TURKOVICH, WHO'S THE HEAD OF OISHEI CHILDREN'S HOSPITAL IN
BUFFALO; DR. CARLONE, WHO WAS -- WHO WAS -- WHO WAS THE CHIEF
MEDICAL OFFICER OVER AT SHEEHAN MEMORIAL, WHO'S RETIRED. A NUMBER
OF DOCTORS FEEL THAT KIDS -- NO KIDS SHOULD BE WEARING MASKS
WHATSOEVER. THEY'RE NOT SUSCEPTIBLE, NOR DO THEY VERY, VERY RARELY
TRANSMIT IT. DR. TURKOVICH SAID LAST WEEKEND ON MY RADIO SHOW THAT
ONLY -- THEY'VE HAD 16 CHILDREN SINCE JANUARY BE INFECTED AND BE IN THE
HOSPITAL. OUT OF THOSE 16, TEN WERE RELEASED ON THE SAME DAY BECAUSE
THEY WERE MILD SYMPTOMS, ASYMPTOMATIC. TWO WERE INFANTS, AND THAT
WAS A DIFFERENT CAUSE. IT WASN'T COVID. AND THE OTHER FOUR WERE IN
THEIR TEENS AND WERE ALL FINE. SO I'M JUST SAYING, WHERE -- JUST -- COULD
YOU TELL ME WHERE YOU GOT YOUR EXPERTISE THAT SAYS CHILDREN FOR THE
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NEXT TWO YEARS MIGHT BE WEARING MASKS?
MS. WALLACE: WELL, LET ME JUST CLARIFY AND SAY
WHAT I WAS SAYING IS THAT WE ARE IN THE MIDDLE OF A PANDEMIC AND ONE
OF THE THINGS THAT HEALTH CARE EXPERTS HAVE UNIFORMLY SAID IS THAT MASKS
HELP STOP THE SPREAD. SO, TO THE EXTENT THAT A SCHOOL DISTRICT SUGGESTS,
AND I DON'T KNOW IF ANY HAVE MADE THIS DECISION YET, THAT STUDENTS
SHOULD BE WEARING MASKS WHEN THEY RETURN TO SCHOOL, THAT SCHOOL
DISTRICT, THIS TECHNOLOGY WOULD HAVE VERY LITTLE ABILITY TO BE ACCURATE IF
THAT ACTUALLY HAPPENS. BUT THAT WAS JUST AN ASIDE COMMENT ON THE NEED
FOR THIS LEGISLATION IN THE FIRST PLACE. SO, I DON'T WANT TO GET INTO A
DEBATE ABOUT WHETHER STUDENTS ARE OR AREN'T GOING TO BE WEARING MASKS,
BECAUSE EVEN IF THEY ARE NOT, THERE IS STILL A NEED FOR THIS LEGISLATION.
MR. DIPIETRO: OKAY, WELL I -- NO, THAT JUST -- THAT
COMMENT, AS FLIPPANT AS IT MIGHT'VE BEEN, AN UNMEANT BY YOURSELF DID
-- DID CAUSE A LITTLE STORM AND SO, I JUST WANTED TO LET YOU KNOW THAT
THERE ARE PEOPLE THAT WERE A LITTLE -- THAT WERE LISTENING TO THAT AND I
JUST WANTED TO GET A CLARIFICATION. SO, THAT WAS IT. THAT'S ALL I HAD.
THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 245. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
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NYS ASSEMBLY JULY 21, 2020
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CAUCUS IS GENERALLY IN THE NEGATIVE ON THIS; HOWEVER, IF AN
INDIVIDUAL MEMBER WOULD LIKE TO VOTE IN THE AFFIRMATIVE, PLEASE
CONTACT THE MINORITY LEADER'S OFFICE. THANK YOU VERY MUCH, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HUNTER.
MS. HUNTER: THIS IS A PARTY VOTE IN THE
AFFIRMATIVE. ANY MEMBER WISHING TO VOTE NO, CONTACT THE MAJORITY
LEADER'S OFFICE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
(THE CLERK RECORDED THE VOTE.)
MS. WALLACE TO EXPLAIN HER VOTE.
MS. WALLACE: THANK YOU, MR. SPEAKER, FOR
GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. AS I SAID, THIS
LEGISLATION ASKS THE COMMISSIONER TO STUDY THE ISSUE OF USING FACIAL
RECOGNITION TECHNOLOGY AND BIOMETRIC IDENTIFYING TECHNOLOGY IN PUBLIC
AND PRIVATE SCHOOLS AND DETERMINE WHETHER AND IN WHAT -- UNDER WHAT
CIRCUMSTANCES THE TECHNOLOGY SHOULD BE USED IN SCHOOLS. IT ASKS FOR A
MORATORIUM, NOT A BAN, PENDING THE OPPORTUNITY TO STUDY THAT, AND
REQUIRES THAT THE COMMISSIONER CONSULT WITH EXPERTS IN THE FIELD AND
THE PUBLIC BEFORE ISSUING THAT REPORT. AS I SAID EARLIER, THIS LEGISLATION
WAS INSPIRED BY REPORTS THAT MILLIONS OF TAXPAYER DOLLARS WERE BEING
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SPENT TO ACQUIRE TECHNOLOGY WITH NO REGULATIONS OR GUIDELINES AND WITH
NO DISCUSSION AT THE STATE LEVEL AS TO WHETHER IT WAS EVEN A GOOD IDEA
TO DO SO.
WE ALL WANT TO KEEP STUDENTS SAFE, BUT IN OUR ZEAL TO
DO SO, WE MUST ENSURE THAT WE ARE NOT COMPROMISING THEIR SAFETY IN
OTHER WAYS, FOR EXAMPLE, BY HAVING -- INVITING FALSE POSITIVES OR
INVITING BREECHES OF THEIR BIOMETRIC DATA. THIS TECHNOLOGY IS NEW, ITS
ACCURACY IS UNCLEAR AND IT IS EXPENSIVE TO ACQUIRE AND MAINTAIN, AND, AS
LEGISLATORS, WE HAVE AN OBLIGATION TO BE GOOD STEWARDS OF OUR TAXPAYER
DOLLARS. BEFORE SPENDING THE MILLIONS OF DOLLARS THAT THIS TECHNOLOGY
WOULD ENTAIL, WE SHOULD DETERMINE WHETHER THE BENEFITS OF ACQUIRING IT
OUTWEIGH THE RISKS OF DOING SO. I THINK IT IS COMMON SENSE LEGISLATION
THAT PUTS CHILDREN FIRST AND ENSURES THAT TAXPAYER DOLLARS ARE BEING
SPENT WISELY. THANK YOU, MR. SPEAKER, AND MY COLLEAGUES FOR
SUPPORTING THIS LEGISLATION. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
AFFIRMATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, FOR GIVING ME
THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR OF THIS
LEGISLATION. WE'VE SEEN TECHNOLOGY COMPANIES IN A VARIETY OF FIELDS,
THEY ARE INTERESTED IN MAKING MONEY. THE -- THEIR ABILITY TO PROTECT
INFORMATION SEEMS LESS THAN IDEAL AND WHEN IT COMES TO YOUNG PEOPLE,
I DON'T BUY INTO THE NOTION THAT WE GO DOWN THIS PATH BECAUSE THERE IS A
PILOT IN ONE PLACE. I THINK WE NEED TO KNOW A GREAT DEAL MORE BEFORE
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WE EMBARK ON THIS. AND I THINK THAT THE APPROACH THAT THE SPONSOR HAS
TAKEN IN THIS IS APPROPRIATE. IT IS WORKING WITH OUR STATE EDUCATION
DEPARTMENT. WE DON'T ENDLESSLY DEFER TO THEM, WE WORK WITH THEM
AND IT IS A HAND-IN-GLOVE SITUATION WHERE WE GIVE THEM ENCOURAGEMENT
TO DO A STUDY AND TO EXPLORE ALL OF THE ASPECTS WITH THOSE WHO ARE
KNOWLEDGEABLE IN THE AREA, BUT MANY WHO MAY NOT BE DIRECTLY
BENEFITTING COMMERCIALLY FROM IT. SO WE'VE SEEN TOO MANY BREACHES OF
PERSONAL DATA AND GOING FORWARD, I THINK IT IS IMPORTANT FOR US TO HAVE
A BETTER UNDERSTANDING. I WITHDRAW MY REQUEST AND VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE NEGATIVE -- IN THE AFFIRMATIVE ON THIS, I
APOLOGIZE. THE REPUBLICANS ARE VOTING YES IN SUPPORT OF THIS BILL: MR.
ASHBY, MR. BARCLAY, MR. DESTEFANO, MR. GARBARINO, MR. MILLER, MS.
MILLER, MR. MONTESANO, MR. RAIA -- OR MR. RA - MR. RAIA A FEW YEARS
AGO WOULD HAVE VOTED FOR THIS --
(LAUGHER)
-- BUT MR. RA THIS YEAR IS VOTING FOR IT - MR. SALKA, MR.
SCHMITT AND MR. STECK. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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THE BILL IS PASSED.
MS. HUNTER.
MS. HUNTER: MR. SPEAKER, WE'RE GOING TO BE
TAKING UP THE FOLLOWING FOUR BILLS IN THIS ORDER: NO. 247, COOK; NO.
249, MEMBER GOTTFRIED; NO. 255, MEMBER STERN AND NO. 267,
MEMBER PAULIN. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK: ASSEMBLY NO. A06884, CALENDAR NO.
247, COOK, ORTIZ, ZEBROWSKI. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO REQUIRING PERSONS OFFERING WEIGHT LOSS SERVICES TO
PROVIDE NOTICE OF CERTAIN RISKS.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO VERY BRIEFLY I JUST WANTED TO WALK
MY COLLEAGUES THROUGH THIS BILL, WHICH HAS BEEN AROUND, FUN FACT, SINCE
1999. THIS BILL WOULD ADD A SECTION TO THE GENERAL BUSINESS LAW
WHICH WOULD PROVIDE THAT ANY PERSON WHO OFFERS WEIGHT LOSS SERVICES
OR WEIGHT LOSS SERVICES AND PRODUCTS BY MEANS OF SELLING SUCH SERVICES
OR PRODUCTS TO THE PUBLIC, THEY WOULD HAVE TO POST A CONSPICUOUS
NOTICE PROVIDING SUCH SERVICE IN WRITING -- SUCH NOTICE IN WRITING TO
INDIVIDUALS PRIOR TO THE PURCHASE OF GOODS OR SERVICES. THIS NOTICE
WOULD HAVE TO ADVISE PEOPLE THAT RAPID WEIGHT LOSS MAY CAUSE SERIOUS
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HEALTH PROBLEMS, THEY SHOULD CONSULT THEIR PHYSICIAN PRIOR TO STARTING A
WEIGHT LOSS PROGRAM, THAT LONG-TERM WEIGHT CONTROL IS THE SAFEST AND
MOST IMPORTANT GOAL OF ANY DIET PROGRAM, THAT THEY HAVE THE RIGHT TO
KNOW THE PRICE OF ANY TREATMENT, INCLUDING THE PRICE OF ANY PRODUCTS,
EXTRA PRODUCTS OR SERVICES, AND THAT THEY SHOULD ASK ABOUT ANY POTENTIAL
HEALTH RISKS OF THE PROGRAM OR PRODUCT AND ITS NUTRITIONAL CONTENT. BUT,
THESE PROVISIONS WOULD NOT APPLY TO RETAIL STORES, DIRECT SELLERS OR
PHARMACIES UNLESS SUCH BUSINESSES OFFER BOTH WEIGHT LOSS SERVICES AND
WEIGHT LOSS PRODUCTS.
AND THEN ALSO, THE BILL WOULD MAKE IT A DECEPTIVE ACT
OR PRACTICE TO MISREPRESENT THE POTENTIAL HEALTH RISKS, ET CETERA, OF -- OF
THESE PRODUCTS. AND THE ATTORNEY GENERAL COULD BRING A SPECIAL
PROCEEDING TO ENJOIN ANY DECEPTIVE ACT, AND COULD OBTAIN A CIVIL
PENALTY NOT EXCEEDING $1,000.
SO, I WOULD JUST POINT OUT FOR MY COLLEAGUES THAT THERE
IS NO FEDERAL - TO MY KNOWLEDGE, NO FEDERAL OR STATE LAWS THAT
CURRENTLY REQUIRE NOTICE TO BE GIVEN TO CONSUMERS BY WEIGHT LOSS
SERVICES. IT'S WELL-KNOWN, I THINK, AND I THINK EVEN SINCE 1999 WHEN
THIS BILL WAS FIRST INTRODUCED, I THINK THAT THE -- THE PUBLIC AT-LARGE HAS
BECOME A LOT MORE GENERALLY WELL-AWARE OF THE RISK AND BENEFITS THAT
HAVE TO BE CONSIDERED BEFORE BEGINNING ANY KIND OF A WEIGHT LOSS
PROGRAM, AND I -- I QUESTION WHETHER THIS BILL REALLY IS A NECESSARY. I
THINK THAT CONSUMER EDUCATION HAS IMPROVED.
THE FTC, THE FEDERAL TRADE COMMISSION DOES KIND
OF OCCUPY THIS AREA AND HAS ACTED AS -- AS AN ENFORCEMENT ARM IN THE
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PAST AND HAS REACHED CONSENT AGREEMENTS PREVIOUSLY WHEN IT FELT THAT
THERE WERE DECEPTIVE PRACTICES TAKING PLACE WITH DIFFERENT DIETING
SYSTEMS. THE OTHER POINT THAT I JUST WOULD LIKE TO MAKE VERY QUICKLY IS
THAT IF YOU'RE A COMPANY THAT WORKS IN DIFFERENT STATES, LIKE A BIG ONE
LIKE WEIGHT WATCHERS OR JENNY CRAIG OR, YOU KNOW, I COULD PROBABLY
NAME THEM ALL, BUT YOU WOULD -- UNDER THIS BILL, IF IT PASSED, YOU WOULD
NEED TO ACTUALLY HAVE DIFFERENT LITERATURE AND DIFFERENT THINGS SPECIFIC
TO THIS STATE THAT YOU WOULDN'T NEED IN ANY OTHER STATE, BECAUSE NO
OTHER STATE'S HAVE THIS KIND OF RULE. SO, I THINK THAT WOULD REQUIRE AN
ADDITIONAL COST ON THESE DIFFERENT COMPANIES.
SO, OVERALL, I GET THE -- INTENTION THAT THE SPONSOR HAS
AND A HAVING REALLY STUCK BY THIS BILL FOR THIS NUMBER OF YEARS, BUT I
DON'T REALLY THINK THAT IT'S NECESSARY. SO, I OFFER THAT FOR MY COLLEAGUES
AND THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 247. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
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ACTING SPEAKER AUBRY: OH, SORRY.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE FOLLOWING
REPUBLICAN MEMBERS WILL BE VOTING NO ON THIS LEGISLATION: MR.
FITZPATRICK, MR. SCHMITT, MR. DIPIETRO, MR. LAWRENCE AND MR. FRIEND.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06983-B, CALENDAR
NO. 249, 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, DARLING, WALCZYK, RIVERA, SEAWRIGHT, LIFTON,
FERNANDEZ, GLICK, BLAKE, O'DONNELL, CARROLL, TAYLOR, BRONSON, OTIS.
AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO VACATING
CONVICTIONS FOR OFFENSES RESULTING FROM SEX TRAFFICKING, LABOR
TRAFFICKING AND COMPELLING PROSTITUTION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. GOTTFRIED.
MR. GOTTFRIED: YES, MR. SPEAKER. ABOUT TEN
YEARS AGO, WE PASSED A VERY GOOD LAW THAT ENABLED PEOPLE WHO WERE
VICTIMS OF SEX TRAFFICKING AND OTHER FORMS OF TRAFFICKING, IF THAT
TRAFFICKING FORCED THEM INTO PROSTITUTION, IT ENABLED THEM TO GET THEIR
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CRIMINAL RECORDS FOR THAT PROSTITUTION ERASED SO THEY COULD GET ON WITH
THEIR LIVES. BUT PEOPLE WHO ARE THE VICTIMS OF TRAFFICKING ARE OFTEN
FORCED INTO OTHER KINDS OF CRIMINAL ACTIVITY ON BEHALF OF THEIR
TRAFFICKERS. THIS BILL WOULD EXPAND OUR ORIGINAL LAW TO FOLLOW WHAT A
NUMBER OF OTHER STATES HAVE DONE, WHICH IS TO EXPAND OUR LAW TO COVER
CONVICTIONS FOR A VARIETY OF OTHER THINGS WHERE THAT CONVICTION OR THAT
CRIMINAL ACT WAS FORCED BY THE TRAFFICKING. I SHOULD POINT OUT THIS
WOULD NOT CREATE AN ENTITLEMENT TO HAVING THAT CRIMINAL RECORD WIPED
OUT, IT WOULD BE IN THE DISCRETION OF THE JUDGE. THE BILL ALSO MAKES
SOME OTHER PROCEDURAL CHANGES IN THE 2010 LAW DEALING WITH KEEPING
RECORDS CONFIDENTIAL AND THE LIKE.
ACTING SPEAKER AUBRY: MR. PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES, CERTAINLY.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS.
MR. PALUMBO: THANK YOU, MR. GOTTFRIED. NOW,
IN THE CURRENT STATUTE THAT WE'RE AMENDING, I GUESS WE HAVE OFFICIAL
DOCUMENTATION OF THE DEFENDANT'S STATUS AS A VICTIM CAN BE A MANNER OF
PROOF. THE VICTIM OF SEX TRAFFICKING, LABOR TRAFFICKING, AGGRAVATED
LABOR TRAFFICKING, COMPELLING PROSTITUTION OR TRAFFICKING IN PERSON AT THE
TIME OF THE OFFENSE. COULD YOU EXPLAIN TO ME WHAT WE MEAN BY OTHER
DOCUMENT OR -- "OFFICIAL DOCUMENTATION", PLEASE?
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MR. GOTTFRIED: WELL, IT'S LANGUAGE THAT'S BEEN ON
THE BOOKS FOR TEN YEARS. IT'S -- I DON'T THINK ANYONE HAS EVER QUESTIONED
IT. IT WOULD BE THINGS LIKE COURT RECORDS, ARREST RECORDS AND THE LIKE.
MR. PALUMBO: AND SO, A DETERMINATION, SAY, FROM
ANOTHER COURT THAT INDICATES THAT THIS PERSON WAS FOUND TO BE A VICTIM
OF VICTIM -- OF SEX TRAFFICKING, THAT WOULD BE OFFERED BY WAY OF THIS
NEW MOTION TO VACATE A CONVICTION FOR THESE CRIMES THAT YOU -- THAT ARE
NOW SUBJECT TO THIS STATUTE; IS THAT ACCURATE?
MR. GOTTFRIED: AS IT HAS BEEN FOR A DECADE, YES.
MR. PALUMBO: AND NOW, WE CROSS OUT AT THE
BEGINNING OF THIS, IT ORIGINALLY WAS JUST AN, AS YOU INDICATED EARLIER, WE
DID THIS AND MANY OTHER STATES FOLLOWED SUIT, THAT IT WOULD VACATE THE
CONVICTION FOR PROSTITUTION-RELATED OFFENSES. NOW THAT THIS SECTION IS
STRICKEN, THEY CAN NOW APPLY FOR VACATED OF ANY CHARGE THAT THEY
ULTIMATELY ARE CONVICTED OF, INCLUDING VIOLENT FELONIES; IS THAT ACCURATE,
AS WELL?
MR. GOTTFRIED: THAT'S THE LAW NOW IN QUITE A FEW
OTHER STATES, WE WOULD BE FOLLOWING THAT. AND, AGAIN, THERE WOULD BE
NO ENTITLEMENT TO HAVE THE CONVICTION WIPED OUT. IT WOULD BE IN THE
DISCRETION OF THE COURT.
MR. PALUMBO: THE SECOND AREA THAT'S ALSO
STRICKEN IS THAT THE MOTION HAD TO BE MADE ORIGINALLY WITH DUE
DILIGENCE ONCE THE DEFENDANT HAS CEASED TO BE THE VICTIM OF SEX -- SEX
TRAFFICKING; NOW IT'S BEING CROSSED OUT. IS IT FAIR TO SAY THAT NOW THEY
COULD APPLY -- AT ANY TIME THEY COULD MAKE THIS MOTION TO VACATE A
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CONVICTION, REGARDLESS OF WHETHER OR NOT THEY HAVE BEEN RELIEVED OF
THAT -- THAT ENSLAVEMENT, WHICH WE CAN REALLY CALL IT, OF THE SEX
TRAFFICKER?
MR. GOTTFRIED: YES. WELL, THE LAW ALWAYS
TALKED ABOUT, CERTAINLY CONTEMPLATED THE PERSON NO LONGER BEING IN --
AN ONGOING VICTIM OF TRAFFICKING. THIS IS THE SORT OF MOTION YOU WOULD
MAKE AFTER YOU WERE OUT OF THAT. BUT LIKE AN AWFUL LOT OF LEGAL RELIEF, IT
WOULD NOT BE LIMITED TO SOMEBODY ACTING WITH DUE DILIGENCE, A PRETTY
VAGUE TERM. YOU KNOW, I THINK WE HAVE RECOGNIZED THAT PEOPLE WHO
ARE THIS KIND OF VICTIM OFTEN TAKE TIME TO GET THEIR ACT TOGETHER.
MR. PALUMBO: IF I MAY JUST INTERJECT, MR.
GOTTFRIED --
MR. GOTTFRIED: WELL, LET ME FINISH. AND THERE
MAY BE OTHER CIRCUMSTANCES THAT MAKE IT HARD FOR THEM TO GO TO COURT.
FOR EXAMPLE, THERE MAY BE A CLOSE FRIEND OR RELATIVE THAT IS STILL A
TRAFFICKING VICTIM EVEN THOUGH THEY THEMSELVES MAY HAVE BROKEN FREE,
AND THAT MAY MAKE IT HARD FOR THEM TO MAKE THEIR CASE IN COURT.
MR. PALUMBO: AND I -- AND I UNDERSTAND THAT AND
I THINK WE COULD MAYBE EVEN PROVIDE FOR THAT, BECAUSE THE DUE
DILIGENCE STANDARD ALREADY EXISTS IN CRIMINAL PROCEDURE LAW, SECTION
440, RIGHT? IF THERE IS NEW EVIDENCE THAT'S BEEN DISCOVERED, THEY MUST
APPLY UNDER 440 TO VACATE THE JUDGMENT WITH REGARD TO NEW EVIDENCE.
BUT JUST ONE OTHER AREA IF I MAY ASK A FEW QUESTIONS --
MR. GOTTFRIED: WELL, DUE DILIGENCE DOES APPEAR
IN VARIOUS PLACES IN THE LAW. IT DOESN'T APPEAR EVERYWHERE IN THE LAW
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AND THIS WILL BE ONE PLACE WHERE WE WILL TAKE IT OUT.
MR. PALUMBO: SURE. AND IF -- IF THEY'RE -- IF BY
DOCUMENTATION OR OTHERWISE, THE VICTIM OF SEX TRAFFICKING WAS, IN FACT,
A VICTIM OF SEX TRAFFICKING AT THE TIME OF THE OFFENSE, AS WE CAN SEE ON
PAGE 3, AT LINE 26 -- OR LINE 25 AND 26, IT SHALL CREATE A PRESUMPTION
THAT THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING
BEEN A VICTIM OF SEX TRAFFICKING. SO, IF I'M UNDERSTANDING THAT CLEARLY,
THEY SIMPLY, BY WAY OF THEM BEING A VICTIM AT THE TIME, REGARDLESS OF
THE ELEMENTS OF THE CRIME, OR WHAT THE SPECIFIC CONDUCT WAS, THEY
ALREADY HAVE A PRESUMPTION IN THEIR FAVOR THAT THE CRIME WAS
COMMITTED DUE TO THEIR COMPULSION UNDER -- BEING A SEX TRAFFIC VICTIM?
MR. GOTTFRIED: YEAH. AND, AGAIN, THAT'S BEEN
THE LAW FOR A DECADE AND IS A LAW THAT WAS QUICKLY ADOPTED AND EVEN
BROADENED IN MANY OTHER STATES.
MR. PALUMBO: SURE. AND WE'VE ADDED LABOR
TRAFFICKING, AS WELL, TO THIS NEW STATUTE, CORRECT, WITH THE AMENDMENT?
MR. GOTTFRIED: YES. YES. YOU KNOW, IF YOU ARE
ESSENTIALLY ENSLAVED, IT CAN BE VERY DIFFICULT TO PROVE THAT THE REASON
YOU DID WHAT YOUR MASTER WANTED WAS BECAUSE YOU WERE ENSLAVED.
AND SO, WE ESTABLISHED A PRESUMPTION -- REBUTTABLE PRESUMPTION.
MR. PALUMBO: IN THAT REGARD, WHAT'S THE LEVEL OF
PROOF THAT THE DEFENDANT NEEDS TO COME FORWARD WITH? MEANING, IF
THEY PROVIDE THIS INFORMATION, WHAT IS THE STANDARD THAT THE JUDGE WILL
APPLY AS FAR AS CLEAR AND CONVINCING, PREPONDERANCE OF THE EVIDENCE,
BEYOND A REASONABLE DOUBT. CAN YOU EXPLAIN TO US SPECIFICALLY FOR THE
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PURPOSES OF THE RECORD, WHAT NEEDS TO BE ESTABLISHED BY THE DEFENDANT,
OTHER THAN THE FACT THAT THEY WERE JUST A VICTIM, MEANING DO THEY HAVE
TO ALSO ESTABLISH THAT THEIR CONDUCT AND THE REASON THAT THEY ACTUALLY
COMMITTED THAT CRIME IS BECAUSE THEY WERE, IN FACT, A VICTIM? AND I
JUST, IF I MAY COMMENT A LITTLE FURTHER ON THAT, FOR EXAMPLE, WHEN YOU
INTERPOSE A DURESS DEFENSE THAT YOU COMMITTED A CRIME DUE TO THE
THREATS OR COMPULSION OF ANOTHER THAT YOU DID SO AND THAT NEEDS TO BE
ESTABLISHED BY THE DEFENDANT THAT THEY -- THAT A REASONABLE PERSON IN
THOSE SITUATIONS WOULD HAVE STILL COMMITTED THE CRIME. SO, IS THERE ANY
TYPE OF STANDARD THAT WE -- THAT THE DEFENDANT NEEDS TO ESTABLISH OTHER
THAN JUST SIMPLY THE FACT THAT THEY WERE A SEX TRAFFICKING VICTIM?
MR. GOTTFRIED: WELL, AS WE'VE BEEN DISCUSSING
THIS SENTENCE, ONCE THE VICTIM PRESENTS OFFICIAL DOCUMENTATION OR -- OR
-- OR OTHER PROOF OF THE UNDERLYING FACTS, THERE IS THEN A PRESUMPTION
THAT THE CONDUCT WAS A RESULT OF THE -- BEING THE TRAFFICKING VICTIM. I
THINK WE BOTH UNDERSTAND WHAT A PRESUMPTION IS. IT MEANS THAT IF YOU
ESTABLISH A, THEN THE LAW ASSUMES B TO BE ESTABLISHED UNLESS
SOMEBODY ELSE COMES FORWARD WITH EVIDENCE TO DEFEAT THE
PRESUMPTION. IT'S A PRETTY ANCIENT CONCEPT IN THE LAW.
MR. PALUMBO: THANK YOU, MR. GOTTFRIED. I
APPRECIATE YOU ANSWERING MY QUESTIONS.
ON THE BILL, PLEASE, MADAM SPEAKER.
ACTING SPEAKER WOERNER: ON THE BILL.
MR. PALUMBO: SO -- THANK YOU. AND, OF COURSE,
OBVIOUSLY I THINK WE ALL TO THE PERSON UNDERSTAND THE INTENT OF THIS BILL
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AND THE INTENT OF THE PREVIOUS BILL, WHICH MADE A LOT OF SENSE. THE FACT
THAT SOMEONE IS BEING COMPELLED, FOR COMMERCIAL PURPOSES, FOR THE
MONETARY BENEFIT OF ANOTHER TO ENGAGE IN SEX ACTS, AND NOW WE'VE
EXPANDED THIS TO EVEN MORE, WHICH IS A BIG ISSUE. OUR BORDER STATES, AS
YOU CAN IMAGINE, THAT PEOPLE ARE BEING BROUGHT AGAINST THEIR WILL TO
WORK FOR SOMEONE ELSE, IN -- AS I MENTIONED BEFORE, IN SOMEWHAT OF AN
ENSLAVED POSITION, THAT'S APPROPRIATE.
AND THE ONLY WRINKLE I HAVE WITH THIS IS THAT WE NOW
ARE EXPANDING WAY TOO FAR, AND I DID A LITTLE RESEARCH, THAT THERE ARE
MANY, MANY STUDIES REGARDING HUMAN SEX TRAFFICKING, AND THERE ARE A
LOT OF INCONSISTENCIES THROUGHOUT THE COUNTRY, THAT REGARDING THOSE
SPECIFIC SEX OFFENSES THAT THEY WERE ENGAGED IN, IT CERTAINLY MAKES
SENSE THAT IF THEY'RE A VICTIM OF -- OF SEX TRAFFICKING THEN OBVIOUSLY
THEY SHOULD BE VACATED THOSE -- THOSE CONVICTIONS IF THEY WERE UNABLE
TO INTERPOSE THAT DEFENSE, BUT YOU CAN DO THIS TO THE FINDER OF FACT TO A
TRIAL -- TO A JURY -- A TRIAL JURY OR TO A JUDGE IF IT'S ULTIMATELY A BENCH
TRIAL, INDICATING THAT YOU WERE NOT OF THE APPROPRIATE MENTAL STATE TO
HAVE COMMITTED THIS CRIME. THIS IS SOMETHING THAT YOU CAN DO ON A
REGULAR BASIS AS YOU CAN WITH THE DURESS DEFENSE. AND IF IT'S REJECTED,
YOU STILL HAVE THE OPPORTUNITY TO MAKE A 440 MOTION, AS IT CURRENTLY
EXISTS.
BUT NOW, AS I INDICATED, THE -- ONE OF THESE PROJECTS,
THE POLARIS PROJECT, HAD SOME SUGGESTED STATUTORY LANGUAGE FOR A
UNIFORM ACT ON PREVENTION OF AND REMEDIES FOR HUMAN TRAFFICKING, AND
THEY SPECIFICALLY HAVE SUGGESTED LANGUAGE, AND AN INDIVIDUAL CONVICTED
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OF PROSTITUTION, AND THEN COUPLED WITH WHERE EVERYONE ELSE HAS BEEN
EXPANDING IT, TO DRUG OFFENSES, IT'S AN INSERT OF A NON-VIOLENT OFFENSES
COMMITTED AS A DIRECT RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING
MAY APPLY TO THE COURT TO VACATE THEIR CONVICTION, AND THAT IS CERTAINLY
THE APPROPRIATE STANDARD. FOR EVEN SUGGESTING TO FURTHER EXPAND THIS
OPPORTUNITY THAT ANYONE COMMITTING ANY TYPE OF CRIME, INCLUDING
VIOLENT CRIMES, WILL ALWAYS HAVE THE DEFENSE OF DURESS IN THE EVENT THAT
THEY WANTED TO INTERPOSE SUCH A THING. NOW, WE ARE -- THIS IS A BALANCE
AND I THINK WE ARE TAKING MORE CONTROL AND POWER FROM OUR FINDERS OF
FACT AND FROM THE COURTS AND REQUIRING THEM TO PRESUME THAT SOMEONE'S
CONDUCT, WHETHER IT'S CAUSALLY RELATED OR NOT, AND I KNOW A LOT OF US ARE
LAWYERS AND THEY KNOW WHAT THAT WORD MEANS, BUT IT -- MEANING A
DIRECT RESULT OF THE TRAFFICKING IS THE REASON WHY THEY COMMITTED THAT
CRIME. AND THAT'S WHY, IN OUR CURRENT JURISPRUDENCE AND SYSTEM OF
JURISPRUDENCE, WHEN YOU INTERPOSE A DURESS DEFENSE, YOU NEED TO
ESTABLISH THAT A REASONABLE PERSON IN THOSE CIRCUMSTANCES WOULD ALSO
HAVE COMMITTED THE CRIME. AND THE JURY -- A REASONABLE PERSON, A
REASONABLE MAN, A REASONABLE WOMAN STANDARD IS A VERY LONGSTANDING
TYPE OF STANDARD THAT HAS EXISTED IN OUR LAW. AND THAT'S FOR A JURY AND
FINDER OF FACT, A JURY OR JUDGE, TO DECIDE AT A TRIAL. IF IT'S REJECTED AND
THERE'S MORE INFORMATION THAT COMES TO LIGHT, YOU CAN MAKE A CURRENT
440 MOTION. AND NOW, WE'RE ACTUALLY PROVIDING THIS NEW CATEGORY
WITH NO CLEAR BURDEN OF PROOF TO SIMPLY ESTABLISH A THIRD BITE OF THE
APPLE TO VACATE A VIOLENT CRIME, WHICH IS NOW INCLUDED. I THINK DRUG
OFFENSES WOULD CERTAINLY BE APPROPRIATE, VERY CONSISTENT WITH THAT. WE
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HAVE AN EXTREMELY DESCRIPTIVE EXPLANATION AND DEFINITION OF "SEX
TRAFFICKING" IN OUR PENAL LAW AS THEY DO IN THE U.S. CODE THAT THIS IS
SOMETHING THAT IS CERTAINLY VERY EXPANSIVE AND IT'S CERTAINLY
APPROPRIATE.
BUT, NOW, WE NEED TO BALANCE OUR VICTIMS' RIGHTS WITH
THE RIGHTS OF A SEX TRAFFICKING VICTIM OR DEFENDANT THAT WE DON'T WANT
UNINTENDED CONSEQUENCES WHERE THE SIMPLE PROOF THAT SOMEONE WAS A
VICTIM OF HUMAN SEX TRAFFICKING TODAY EXONERATES THEM FROM CRIMES
THEY COMMIT NEXT WEEK AND NEXT YEAR INCLUDING VIOLENT CRIMES. WHAT
ABOUT THOSE VICTIMS?
SO, I UNDERSTAND THE INTENT OF THIS BILL, AND WE DEBATED
THIS FOR MANY, MANY YEARS, BUT I THINK IT'S IMPORTANT TO UNDERSTAND THAT
WHY DO WE NEED TO GO SO FAR OVER THE LINE TO VIOLENT CRIMES,
VICTIM-SENSITIVE CRIMES, WHEN WE DON'T EVEN KNOW HOW THIS WILL WORK
OUTSIDE OF THE PROSTITUTION OFFENSES WHERE IT CURRENTLY EXISTS. AND THIS
WAS A SITUATION, THE ONE THAT I REFERRED TO IN QUEENS, THE JUDGE FOUND
THAT THEIR VICTIM STATUS IS THE REASON WHY THEY COMMITTED ALL THE CRIMES
THEY WERE CHARGED WITH, AND I BELIEVE IT WAS A STOLEN PROPERTY AND A
DRUG CHARGE. SO, THE JUDGE VACATED THEM ALL, WHICH WAS CERTAINLY
APPROPRIATE. THAT IS DURESS, THAT IS WHAT IT IS. AND MAYBE IT WASN'T
CLEARLY DEFINED IN OUR PENAL LAW AND WE NEEDED THE STATUTE IN 2010 TO
INDICATE THAT, YES, WE DO HEAR THE FACT THAT THERE ARE VICTIMS OF SEX
TRAFFICKING AND THOSE FOLKS ARE COMPELLED, EVEN THOSE THERE'S NOT AN
IMMEDIATE THREAT - SOMEONE DOESN'T HAVE A GUN TO THEIR HEAD, BUT THEY
KNOW IF THEY DON'T DO THIS, IF THEY DON'T -- IF THEY DON'T COMMIT THESE
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CRIMES OR ENGAGE IN THESE ACTS, THAT THEIR PIMP OR THEIR CONTROLLER WILL
EVENTUALLY GET TO THEM IN THE NEXT FEW DAYS, HOURS, WEEKS OR MONTHS,
THAT'S SOMETHING THAT WE RECOGNIZE, AND WE SHOULD. AND THAT IS A
CLEARLY DEFINED OFFENSE NOW.
SO, MY PROBLEM WITH THIS, MY FRIENDS, IS THAT I GET THE
IDEA. IT HAS -- IT HAS VERY LOGICAL INTENT, BUT THE WAY IT'S DRAFTED IS FAR
TOO EXPANSIVE, AND WE DON'T EVEN HAVE ANY REASONABLE STANDARD. WE
DON'T EVEN KNOW, EVEN ASSUMING THE PROSECUTION CAN BE HEARD, HOW
CAN THEY REBUT THE FACT THAT A JUDGE PREVIOUSLY FOUND, SAY, ON A
PROSTITUTION OFFENSE THAT THIS PERSON WAS A VICTIM OF SEX TRAFFICKING,
THEY CANNOT. AND THEN, IT COMPLETELY GIVES THEM A FREE PASS FOR EVEN
VICTIM-SENSITIVE CRIMES IN THE FUTURE. SO, UNFORTUNATELY, I DO NOT
SUPPORT THIS LEGISLATION AND I URGE MY COLLEAGUES TO VOTE NO. THANK
YOU.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON CALENDAR NO. 255 -- OH, OK, EXCUSE ME, CALENDAR
NO. 249. THIS IS A PARTY VOTE. ANY MEMBER WISHING TO BE RECORDED AS
AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY VOTING NO ON THIS LEGISLATION.
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THOSE WHO WISH TO VOTE YES ARE ENCOURAGED TO CONTACT THE MINORITY
LEADER'S OFFICE AND LET THEM KNOW THEIR POSITION. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER WOERNER: THANK YOU, MR.
GOODELL.
MS. HUNTER.
MS. HUNTER: THANK YOU, MADAM SPEAKER. THIS IS
A PARTY VOTE IN THE AFFIRMATIVE. ANY MEMBER WISHING TO VOTE NO
SHOULD CONTACT THE MAJORITY LEADER'S OFFICE.
ACTING SPEAKER WOERNER: THANK YOU, MS.
HUNTER.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
PLEASE RECORD ASSEMBLYMAN CROUCH AND ASSEMBLYMAN SCHMITT IN THE
AFFIRMATIVE ON THIS LEGISLATION. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER WOERNER: THANK YOU, MR.
GOODELL. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07097, CALENDAR NO.
255, STERN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
STANDARDS FOR PROMPT INVESTIGATION AND SETTLEMENT OF CLAIMS ARISING
FROM STATES OF EMERGENCY.
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ACTING SPEAKER WOERNER: AN EXPLANATION IS
-- IS REQUESTED.
MR. STERN: YES, MADAM SPEAKER. THIS LEGISLATIVE
INITIATIVE ESTABLISHES CLAIM INVESTIGATION AND TIMELY SETTLEMENT
STANDARDS FOR INSURANCE COMPANIES IN THE EVENT OF A DISASTER OR
EMERGENCY. AS WE EXPERIENCED ALL TOO WELL AFTER THE DEVASTATION OF
SUPERSTORM SANDY, PARTICULARLY IN MY HOME REGION OF LONG ISLAND, AND
TROPICAL STORMS IRENE AND LEE, PARTICULARLY UPSTATE, IN TOO MANY CASES
YEARS WOULD PASS BEFORE HOMEOWNERS AND BUSINESSES WERE ABLE TO
RESOLVE THEIR CLAIMS IN ORDER TO DO THE NECESSARY REPAIRS, REPLACE
PROPERTY OR BECOME WHOLE AGAIN.
ACTING SPEAKER WOERNER: THANK YOU.
MR. GARBARINO.
MR. GARBARINO: THANK YOU, MADAM SPEAKER.
WILL THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER WOERNER: WILL THE SPONSOR
YIELD?
MR. STERN: OF COURSE.
ACTING SPEAKER WOERNER: THE SPONSOR
YIELDS.
MR. GARBARINO: THANK YOU, MR. STERN. CAN YOU
PLEASE GO OVER -- I MEAN, MY FIRST RACE WAS IN 2012, SO RIGHT IN THE
HEART OF WHEN SUPERSTORM SANDY HIT. MY DISTRICT COVERS THE SOUTH
SHORE OF LONG ISLAND AND FIRE ISLAND. CAN YOU GO OVER WHAT THE
CURRENT LAW IS AND WHY WE'RE CHANGING IT?
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MR. STERN: WELL, YES. AS YOU WELL KNOW,
REPRESENTING THE AREA THAT WAS HIT PARTICULARLY HARD BY SUPERSTORM
SANDY HOW IMPORTANT THIS LEGISLATIVE INITIATIVE IS AND WHY IT'S
IMPORTANT TO HAVE LEGISLATION, BECAUSE AS OF RIGHT NOW, THERE IS NO
PROVISION THAT PROVIDES FOR THIS TYPE OF TIME AND STANDARD STRUCTURE IN
THE CASE OF AN EMERGENCY OR IN THE CASE OF A SUPERSTORM SANDY TYPE OF
NATURAL DISASTER. BECAUSE THERE WERE NO GUIDELINES BACK AT THAT TIME,
DFS HAD TO ISSUE EMERGENCY REGULATIONS, WHICH ARE NO LONGER IN
EXISTENCE. THIS NOW WOULD BE OUR LEGISLATIVE EFFORT TO CREATE THAT --
THAT STRUCTURE GOING FORWARD.
MR. GARBARINO: SO -- SO THIS WOULD CODIFY THOSE
PREVIOUS EMERGENCY REGULATIONS THAT DFS ISSUED, CORRECT?
MR. STERN: IT WOULD CODIFY A STRUCTURE IN TERMS OF
TIME AND REQUIREMENTS, BUT IT DOES NOT MIRROR WHAT THOSE EMERGENCY
REGULATIONS HAD BEEN. DIFFERENT FACTS, DIFFERENT CIRCUMSTANCES AT THE
TIME, AND I -- I WAS NOT HERE IN ALBANY AT THE TIME, BUT I DO REMEMBER
THE IMPACT VERY WELL, AND HAVING SERVED AT THE MORE LOCAL LEVEL OF THE
GOVERNMENT HOW CRITICALLY IMPORTANT IT WAS TO HAVE SOME TYPE OF
REQUIREMENT FOR THE INSURANCE COMPANIES TO BE ABLE TO SERVE THEIR
CUSTOMERS, TO SERVE THEIR POLICYHOLDERS SO THAT THEY DIDN'T CONTINUE TO
WAIT MONTHS AND YEARS FOR THE RELIEF THAT THEY DESPERATELY NEEDED. SO,
HERE, THIS IS NOT JUST RE-IMPLEMENTING THE EMERGENCY REGULATIONS AS
THEY EXISTED AT THE TIME - THE STANDARDS, THE TIME ELEMENT, IN PARTICULAR,
ARE DIFFERENT WHEN THEY WERE WHEN IT WAS DONE AS AN EMERGENCY
REGULATION.
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MR. GARBARINO: OKAY. SO, THIS BILL, THOUGH,
PROVIDES THAT ANY CLAIM HAS TO BE RESPONDED TO WITHIN 15 DAYS OR
SETTLED WITHIN 15 DAYS OF WHEN THE CLAIM IS RECEIVED?
MR. STERN: SO THE REQUIREMENT HERE IS THAT WHEN A
POLICYHOLDER MAKES THE CLAIM, AS IN ANY OTHER CASE, ALL OF THE
INFORMATION, ALL OF THE DOCUMENTATION IS REQUIRED TO BE SUBMITTED.
ONCE IT IS DETERMINED TO BE COMPLETE, AT THAT POINT THE INSURANCE
COMPANY HAS TO GO THROUGH THEIR ADJUSTMENT PERIOD, AND THEY HAVE 15
DAYS TO DO SO. IN ADDITION, THE INSURANCE COMPANY CAN TACK ON AN
ADDITIONAL 15 DAY PERIOD, BUT IF THEY DO SO, THERE'S GOING TO HAVE TO BE
A REASON, THEY'RE GOING TO HAVE TO PUT THAT IN WRITING TO THE
POLICYHOLDER AS TO THE REASONS WHY IT'S GOING TO TAKE AN ADDITIONAL 15
DAYS.
MR. GARBARINO: ALL RIGHT. SO, THE 15 DAY
ADDITIONAL TIME PERIOD IS AUTOMATIC ONLY IF THEY SUBMIT A LETTER,
SOMETHING IN WRITING WITH THE REASONS, TO THE INSURED.
MR. STERN: THAT IS CORRECT.
MR. GARBARINO: SO THE INSURED CAN'T CHALLENGE
THAT REQUEST OF ADDITIONAL TIME?
MR. STERN: THE INSURED CANNOT CHALLENGE THE --
THE REASONING FOR THE ADDITIONAL TIME, OR AT LEAST THE DETERMINATION. IN
PART, THE IMPLEMENTATION OF THIS LEGISLATION IS THEN GOING TO BE SUBJECT
TO REGULATION IF ANY ARE NECESSARY UNDER DFS. AND SO, AT THAT POINT IT
WOULD BE THE SUPERINTENDENT OF DFS THAT MIGHT NEED TO DETERMINE
WHETHER OR NOT THE REASON GIVEN BY THE INSURANCE COMPANY IS ONE THAT
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IS ADEQUATE. THAT'S GOING TO BE PART OF THE RULE-MAKING PROCESS GOING
FORWARD.
MR. GARBARINO: ALL RIGHT. SO THAT -- THAT WAS
ACTUALLY MY NEXT QUESTION, IF -- IF THE INSURANCE COMPANY JUST SAID, WE
DIDN'T -- WE DIDN'T HAVE ENOUGH TIME, WE NEED -- WE DIDN'T HAVE ENOUGH
TIME TO DO IT IN 15 DAYS, WE NEED AN EXTRA 15 DAYS. I KNEW THE
LEGISLATION DIDN'T SPEAK TO THAT, BUT IT'S YOUR INTENT THAT THE REGULATIONS
WILL SPEAK TO WHAT THE PROPER REASONING IS.
MR. STERN: THAT IS THE INTENT HERE AND, CERTAINLY, IF
THAT IS A VIABLE REASON GIVEN THE -- THE FACTS AND THE CIRCUMSTANCES AT
THE TIME, THAT SHOULD BE THE DETERMINATION OF THE SUPERINTENDENT, YES.
MR. GARBARINO: OKAY. IF THEY, AFTER THE FULL 30
DAYS, DENY, WHAT IS -- DENY THE CLAIM, BECAUSE THEY HAVEN'T HAD ENOUGH
TIME TO DETERMINE THE AMOUNT AND THEY SAY, YOU KNOW WHAT? INSTEAD
OF GRANTING IT -- OR SETTLING IT, WE'RE JUST GOING TO DENY IT, WHAT IS THE
OPTION OF THE INSURED THEN?
MR. STERN: THE INSURED THEN HAS ALL OF THE -- THE
REGULARLY BARGAINED FOR PROCEDURES TO FILE THE APPEAL AND THEN GO
THROUGH THAT PROCESS.
MR. GARBARINO: OKAY. SO --
MR. STERN: THEY CAN APPEAL THE DETERMINATION.
MR. GARBARINO: OKAY. IS THERE -- SO DO THEY --
WHATEVER THE APPEAL PROCESS IS IN -- UNDER THEIR CONTRACT OR UNDER DFS
REGULATIONS?
MR. STERN: THAT WOULD REALLY BE UNDER BOTH.
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MR. GARBARINO: OKAY. ALL RIGHT. NOW HERE'S --
AND THIS WAS BROUGHT UP BY BOTH THE NEW YORK INSURANCE ASSOCIATION
AS WELL AS THE AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION
SAYING THAT THERE'S A CONCERN THAT IF THIS 15 DAY LIMIT IS PUT ON
EVERYBODY, EVERY SORT OF CLAIM, THAT YOU MIGHT HAVE, YOU KNOW, WHERE
SOMEBODY NEEDS -- SOMEBODY HAS A TOTAL LOSS, YOU KNOW -- I HAVE THE
SOUTH SHORE, I HAD BLOCKS IN OAKDALE AND WEST SAYVILLE THAT WERE
COMPLETELY, YOU KNOW, UNDER WATER, YOU COULDN'T DRIVE DOWN THEM.
THOSE HOUSES HAD ALMOST COMPLETE TOTAL LOSSES. IF -- IF YOU HAVE THIS
15 DAY RULE, IS THERE A CONCERN THAT SOMEBODY WHO MIGHT HAVE A TOTAL
LOSS WHO FILES, GETS ALL THEIR PAPERWORK IN TWO DAYS -- IN TWO DAYS, THEY
NOW HAVE TO WAIT IN LINE BEHIND SOMEBODY WHO HAS A VERY MINOR LOSS
BECAUSE THEY GOT THEIR PAPERWORK -- IT'S HARDER TO, YOU KNOW, THEY HAVE
TO PROVE LESS BECAUSE THEN THEY GOT THEIR PAPERWORK IN EARLY.
MR. STERN: SURE. WELL, AS TO THE TIMING, THAT
WOULD ULTIMATELY -- HOW THEY ARE GOING TO BE PROCESSED WOULD
ULTIMATELY BE DETERMINED BY DFS. AND, AGAIN, THAT IS GOING TO BE PART
OF THE RULE-MAKING PROCESS AND CREATING REGULATIONS THAT WOULD APPLY
AND THAT WOULD, IN PARTICULAR, BE AN IMPORTANT POINT TO BE DONE BY
REGULATION.
MR. GARBARINO: BUT IT SAYS EVERYBODY -- IT SAYS
EVERYBODY HAS TO BE DONE WITHIN 15 DAYS, PLUS ANOTHER 15 DAY
EXTENSION.
MR. STERN: THAT'S RIGHT, BUT THERE CAN BE A REASON
WITHIN THE 15 DAYS GIVEN BY THE INSURANCE COMPANY AS TO WHY THEY
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NEED THE ADDITIONAL TIME. WHETHER OR NOT THAT IS GOING TO BE
REASONABLE UNDER THE CIRCUMSTANCES IS GOING TO BE SOMETHING THAT IS
DETERMINED BY THE SUPERINTENDENT OF DFS. AND, AGAIN, THAT SHOULD BE
PART OF THE RULE-MAKING PROCESS.
MR. GARBARINO: OKAY. UNDER THIS -- UNDER THIS
INSURANCE -- THIS BILL, IS THERE ANYTHING THAT ALLOWS THE INSURANCE
COMPANY FOR, IF THERE WAS A TOTAL LOSS, YOU KNOW, TO DETERMINE, YOU
KNOW, BECAUSE I'VE -- I DEALT WITH ALL SORTS OF STUFF AND I WASN'T EVEN --
I WAS ELECTED, BUT I WASN'T -- I WASN'T SWORN IN YET, SO I WAS DEALING
WITH CASES BEFORE I WAS EVEN SWORN IN, THERE WERE SOME BIG ISSUES ON
THE SOUTH SHORE. AND MY CONCERN IS, YOU KNOW, IS THERE A WAY FOR, SO
THERE'S PROPER VALUE. I DON'T WANT TO SEE INSURANCE COMPANIES DENYING
PEOPLE BECAUSE THEY CAN'T GET IT DONE WITHIN 30 DAYS AND THEY'RE LIKE,
WELL, WE CAN'T GET IT DONE SO WE'LL DENY IT, AND WE'LL JUST DO IT IN THE
APPEAL. AND I HAD BUSINESSES THAT WERE -- BUSINESSES THAT HAD MILLIONS
OF DOLLARS IN BUSINESS INTERRUPTION THAT THEY LOST BECAUSE THEY WERE
CATERING HALLS, I HAD HOUSES THAT WERE TOTAL LOSS. I JUST -- MY CONCERN
IS, IS THERE A WAY UNDER THIS LEGISLATION TO GET MORE THAN 30 DAYS? OR
IS IT -- DOES IT HAVE -- IS IT EITHER IT GETS DONE IN 30 DAYS OR -- OR THEY
HAVE TO DENY IT?
MR. STERN: AGAIN, I BELIEVE THAT THAT'S GOING TO BE
SOMETHING THAT IS GOING TO GO THROUGH THE RULE-MAKING PROCESS, AND IT'S
GOING TO HAVE TO BE THE SUBJECT TO REGULATION. SO, CERTAINLY AN EXAMPLE
WHERE EVERY SINGLE ADJUSTER KNOWN TO THE INDUSTRY, WHETHER THEY ARE
BASED IN NEW YORK OR ACROSS THE COUNTRY, IF THERE'S THAT KIND OF
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DEVASTATION IN A PARTICULAR REGION AND THERE IS AN IMPOSSIBILITY, THAT'S
GOING TO HAVE TO BE SOMETHING THAT IS ADDRESSED, PERHAPS IN AN
EMERGENCY MEASURE LIKE IT WAS BACK IN THE AFTERMATH OF SUPERSTORM
SANDY. SO, TO ANSWER YOUR QUESTION, PERHAPS THAT'S GOING TO BE THE
CASE, BUT AS IN ALL OF THESE NATURAL DISASTERS, IN ALL OF THESE CASES OF
EMERGENCY, ULTIMATELY THAT'S GOING TO BE A DETERMINATION THAT'S GOING
TO BE MADE ON THE EXECUTIVE SIDE OF THE -- OF THE LEDGER, WHETHER IT IS
THE GOVERNOR OR THE SUPERINTENDENT OF DSS [SIC], WHETHER IT IS A LOCAL
DECLARATION OF EMERGENCY AT THE STATE LEVEL OR, YOU KNOW, EVEN AT THE
NATIONAL LEVEL.
MR. GARBARINO: I APPRECIATE THAT, MR. STERN,
AND, AS WE KNOW, I THINK THE -- THE REPORT CARD CAME OUT AS TO HOW -- I
THINK DFS DID A REPORT CARD ON INSURANCE COMPANIES DURING THIS TIME,
AND MOST OF THEM WERE GIVEN VERY GOOD GRADES. THERE WERE ONLY A
FEW SMALL ACTORS AND I THINK THIS, YOU KNOW, I THINK MAKING SURE THAT
THOSE SMALL ACTORS DON'T TAKE ADVANTAGE OF HOMEOWNERS IS VERY
IMPORTANT TO GO AFTER. I JUST -- I THINK THAT THE LEGISLATION COULD BE --
IT'S THE GREAT INTENT TO MAKE SURE THAT HOMEOWNERS DON'T HAVE TO WAIT
TOO LONG WITH TOTAL LOSS. I -- I WOULD LOVE TO SEE SOMETHING HERE THAT
PRIORITIZES, YOU KNOW, PEOPLE WITH TOTAL LOSS BECAUSE THEY NEED TO GO
TO -- THEY NEED TO START REPAIRING THEIR HOMES, THEY NEED TO, YOU KNOW,
GO SOMEWHERE TO STAY, YOU KNOW, COMPARED TO SOMEBODY WHO MIGHT
HAVE A MUCH MINOR LOSS, SAY, A DEFROSTED, YOU KNOW, FREEZER BECAUSE
THEY LOST POWER. AND I'M NOT TRYING TO MINIMIZE THAT, BUT, YOU KNOW,
WHEN YOU TALK TO THOSE TWO PEOPLE, IT'S EASIER TO SAY WHICH ONE NEEDS
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TO BE ADDRESSED FIRST.
BUT, I DO APPRECIATE THE INTENT, BECAUSE A LOT OF MY
CONSTITUENTS, ALL OF MY CONSTITUENTS LIVED THROUGH THIS AND THERE WAS
HEAVY DEVASTATION ON LONG ISLAND. SO, I APPRECIATE THAT. THANK YOU.
THANK YOU FOR ANSWERING MY QUESTIONS, MR. STERN.
MR. STERN: THANK YOU.
ACTING SPEAKER WOERNER: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER WOERNER: WILL THE SPONSOR
YIELD?
MR. STERN: YES.
ACTING SPEAKER WOERNER: THE SPONSOR
YIELDS.
MR. GOODELL: THANK YOU VERY MUCH. JUST
FOLLOWING UP A LITTLE BIT ON MY COLLEAGUE'S QUESTIONS. I JUST WANT TO
MAKE IT CLEAR THE 15 DAYS FOR THE INSURANCE COMPANY TO RESPOND
DOESN'T START UNTIL THE CLAIM IS COMPLETED?
MR. STERN: IT BEGINS AT THE TIME THE CLAIM IS
DEEMED AS COMPLETE.
MR. GOODELL: AND THAT DETERMINATION IS MADE BY
THE INSURANCE COMPANY?
MR. STERN: THAT DETERMINATION WILL BE MADE BY
THE INSURANCE; HOWEVER, AS A PART OF THIS INITIATIVE, IT IS THE
RESPONSIBILITY OF THE INSURANCE COMPANY TO PROVIDE THE POLICYHOLDER
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WITH A LIST OF INFORMATION AND DOCUMENTATION THAT IS PROVIDED. THEN,
YES, OBJECTIVELY THE CLAIM WOULD BE DEEMED AS COMPLETE.
MR. GOODELL: UNDER THIS BILL, IF A CLAIMANT IS
SUBMITTING A CLAIM FOR A TOTAL DESTRUCTION, FOR EXAMPLE, TYPICALLY THE
INSURANCE COMPANY WOULD LOOK FOR ITEMIZATION OF ALL THE PERSONAL
PROPERTY, RIGHT, AGE, DEPRECIATION, CONDITION, THEY WOULD LOOK FOR
ESTIMATES FROM CONTRACTORS, WHETHER IT'S REPLACEMENT VALUE OR MARKET
VALUE. IF IT'S REPLACEMENT VALUE, IT'S MUCH MORE COMPLICATED BECAUSE
YOU HAVE TO HAVE CONSTRUCTION ESTIMATES, CORRECT, DEMOLITION EXPERTS
HAVE TO -- AND ALL OF THOSE ARE DIFFICULT, VERY DIFFICULT TO GET IN A WIDE
SCALE DISASTER, BECAUSE ALL THE CONTRACTORS ARE JUST OVERWHELMED WITH
BUSINESS AND THEY DON'T HAVE TIME TO PREPARE A DETAILED ESTIMATE FOR THE
CLAIMANT.
SO, I HAVE TWO QUESTIONS ON THAT. UNDER THIS BILL,
COULD THE INSURANCE COMPANY SAY, YOUR CLAIM'S NOT COMPLETE UNTIL YOU
GIVE US DOCUMENTATION ON EVERY CLAIM, EVERY PART OF YOUR CLAIM. IS
THAT WITHIN THE SCOPE OF THEIR DISCRETIONARY AUTHORITY UNDER THIS BILL?
MR. STERN: UNDER THIS BILL, CERTAINLY THE INSURANCE
COMPANY COULD COME BACK AND SAY, BECAUSE OF THIS REASON OR THAT
REASON THAT WE ARE NOT DEEMING YOUR APPLICATION, YOUR CLAIM AS BEING
COMPLETE; HOWEVER, IN THE BODY OF THE BILL, IT DOES PROVIDE FOR AN
ALTERNATIVE PROOF OPPORTUNITY OF CLAIM, WHETHER THAT IS DONE BY
PHOTOGRAPHIC OR VIDEO EVIDENCE, RECEIPT FOR REPAIRS, AS OUTLINED IN THE
LANGUAGE OF THE BILL, PARTICULARLY IN CASES WHERE WORK NEEDS TO BE
PERFORMED WHERE IT'S NECESSARY TO PROTECT THE HEALTH AND SAFETY OF
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WHETHER IT'S A FAMILY THAT'S RESIDING THERE OR A SURROUNDING AREA. AND
THAT MEANS THAT A HOMEOWNER CAN PROCEED IN MAKING CERTAIN REPAIRS,
REPAIRING WINDOWS, EXTERIOR WALLS AND DOORS, ROOFS, HEATING, WATER AND
ELECTRICAL SYSTEMS, AND THEN BEING ABLE TO, IN AN ALTERNATIVE FORM OF
PROOF THAT I JUST PREVIOUSLY MENTIONED, BE ABLE TO UTILIZE AND MAKING
THE SUBMISSION OF THE CLAIM TO THE INSURANCE COMPANY, AGAIN, WHEN IT'S
DONE FOR THE PURPOSE OF PROTECTING THE HEALTH AND SAFETY OF THE
INHABITANTS IN THE SURROUNDING AREA.
MR. GOODELL: NOW, UNDER CURRENT REGULATIONS,
AM I CORRECT, INSURANCE -- INSURERS, INSURANCE COMPANIES ARE REQUIRED
TO COMMENCE AN INVESTIGATION OF ANY CLAIM FILED WITHIN 15 DAYS OF
RECEIVING THE CLAIM; THAT'S CURRENT REGULATIONS, RIGHT?
MR. STERN: THAT'S CURRENT.
MR. GOODELL: YES, AND THEY, UNDER CURRENT LAW,
THEY HAVE AN OBLIGATION TO ACT IN GOOD FAITH, RIGHT?
MR. STERN: CORRECT.
MR. GOODELL: AND THEY HAVE CIVIL LIABILITY IF THEY
DON'T.
MR. STERN: SURE.
MR. GOODELL: OKAY. THANK YOU VERY MUCH, I
APPRECIATE YOUR COMMENTS.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER WOERNER: ON THE BILL, SIR.
MR. GOODELL: AS I NOTED, I APPRECIATE THE DESIRE
THAT ALL OF US HAVE TO HAVE INSURANCE CLAIMS REVIEWED AS QUICKLY AS
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POSSIBLE AND, IN FACT, CURRENT REGULATIONS REQUIRE THE INSURANCE
COMPANY TO RESPOND WITHIN 15 DAYS, WHICH IS A VERY FAST RESPONSE. I'M
JUST VERY CONCERNED THAT WE HAVE VERY, VERY SERIOUS UNINTENDED
CONSEQUENCES WHEN WE HAVE LEGISLATION OF THIS NATURE THAT IMPOSES
VERY TIGHT TIME FRAMES THAT WE KNOW ARE GOING TO BE EXTRAORDINARILY
DIFFICULT TO ACCOMPLISH WHEN YOU HAVE A VERY LARGE SCALE DISASTER. AND
I'M MINDFUL ONCE OF A JUDGE IN A CASE OF MINE WHO SMILED AND SAID, DO
YOU WANT A FAST DECISION OR DO YOU WANT A GOOD DECISION? AND HE
KIND OF SMILED AND I THINK I WAS WISE ENOUGH TO SAY I'D RATHER HAVE A
GOOD DECISION THAN A FAST DECISION, AND HE SAID, YOU CHOSE WISELY, MY
FRIEND.
AND THAT CAN ALSO APPLY IN THIS CONTEXT. YOU HAVE A
HURRICANE SANDY, THE INSURANCE COMPANIES DON'T STAFF THEIR CLAIMS
OFFICES WITH, YOU KNOW, A MASSIVE NUMBER OF EVALUATORS WAITING FOR
DISASTER. SO, AN INSURANCE COMPANY BRINGS IN ADJUSTERS FROM ALL
AROUND THE COUNTRY, AND THEY HAVE VERY SOPHISTICATED COMPUTERIZED
EQUIPMENT TO HELP THEM PROCESS THESE CLAIMS AS QUICKLY AS POSSIBLE.
SO, THE PROBLEM ISN'T NORMALLY ON THE INSURANCE SIDE AS MUCH AS IT IS
ON THE CLAIMANT SIDE, BECAUSE IF YOU'RE A HOMEOWNER AND ALL OF YOUR
NEIGHBORS' HOUSES HAVE BEEN DAMAGED AND DESTROYED, IT IS ALMOST
IMPOSSIBLE FOR YOU TO BE ABLE TO GET THE ARCHITECT, THE CONTRACTORS, THE
BUILDERS AND EVERYONE ELSE TO GIVE YOU THOSE ESTIMATES THAT YOU NEED
TO DOCUMENT YOUR CLAIM. AND SO, I'M CONCERNED THAT IF WE PASS
LEGISLATION THAT SAYS THE INSURANCE COMPANY IS VIOLATING THE LAW IF THEY
DON'T GIVE YOU AN ANSWER WITHIN 15 DAYS, WHEN THE COMPLAINT -- OR
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WHEN THE CLAIM IS COMPLETE, THEIR FIRST RESPONSE IS "INCOMPLETE", AND
THEY'LL JUST ORDER A RUBBER STAMP, "INCOMPLETE."
MY SECOND CONCERN IS IF WE HAVE AN ARTIFICIAL TIME
FRAME, PARTICULARLY IN A DISASTER, THEY'LL TURN DOWN THE CLAIM, AND WE
DON'T WANT TO BE IN A SITUATION WHERE A HOMEOWNER CAN'T REOPEN OR
RESTART THE CLAIM OR MOVE FORWARD WHEN THEIR HOMEOWNER'S THE ONE
THAT'S HAVING SUCH A TROUBLE DOCUMENTING THE CLAIM. SO, AS MY
COLLEAGUE, MR. GARBARINO, MENTIONED, IT'S VERY CHALLENGING IN THOSE
LARGE SCALE DISASTERS, BUT OUR EXPERIENCE AS REFLECTED IN THAT REPORT CARD
IS THAT THE INSURANCE COMPANIES HAVE DONE A VERY GOOD JOB, BY AND
LARGE - THERE'S ALWAYS EXCEPTIONS - AND CURRENT LAW ALREADY PROTECTS THE
CONSUMER BY REQUIRING GOOD FAITH EFFORTS WITHOUT ARTIFICIAL DEADLINES.
THANK YOU VERY MUCH, MADAM SPEAKER AND, AGAIN,
THANK YOU TO MY COLLEAGUE. I ALWAYS APPRECIATE YOUR FRANK RESPONSES
AND CERTAINLY APPRECIATE YOUR DESIRE THAT WE ALL SHARE THAT WE GET THESE
CLAIMS ADDRESSED AS QUICKLY AS POSSIBLE. THANK YOU, SIR. THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER WOERNER: THANK YOU, MR.
GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON CALENDAR NO. 255. THIS IS A PARTY VOTE. ANY
MEMBER WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
148
NYS ASSEMBLY JULY 21, 2020
NUMBER PREVIOUSLY PROVIDED.
AND MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT IF
THERE ARE MEMBERS THAT WOULD LIKE TO SUPPORT IT, PLEASE CALL THE
MINORITY LEADERS'S OFFICE. THANK YOU SO MUCH, MADAM SPEAKER.
ACTING SPEAKER WOERNER: THANK YOU, MR.
GOODELL.
MS. HUNTER.
MS. HUNTER: THANK YOU, MADAM SPEAKER. THIS IS
A PARTY VOTE IN THE AFFIRMATIVE. ANY MEMBER WISHING TO VOTE NO
SHOULD CONTACT THE MAJORITY LEADER'S OFFICE.
ACTING SPEAKER WOERNER: THANK YOU, MS.
HUNTER.
(THE CLERK RECORDED THE VOTE.)
AND MR. STERN TO EXPLAIN HIS VOTE.
MR. STERN: THANK YOU, MADAM SPEAKER, AND --
AND BEST WISHES TO MR. GOODELL AND TO YOU AND YOUR FAMILY, SIR.
TO MY COLLEAGUES, YOU KNOW, AFTER A NATURAL DISASTER
OR AN EMERGENCY, HOPEFULLY THERE IS NO LOSS OF LIFE, BUT THEN, FOR TOO
MANY, LIVING COMES TO A HALT WHEN A HOME AND/OR IMPORTANT PERSONAL
BELONGINGS ARE DAMAGED OR DESTROYED AFTER A DISASTER. MANY OF OUR
NEIGHBORS EXPERIENCE LOSS. THAT LOSS, THEN, TURNS TO ANXIETY, IT TURNS TO
FEAR, ANGER AND THEN ULTIMATELY FOR SO MANY IN OUR COMMUNITIES, IT
TURNS TO RAGE WHEN THERE IS THIS UNDUE DELAY BY THEIR INSURANCE
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COMPANY IN GETTING BACK TO THEIR LIVES, AND THAT IS JUST SIMPLY
UNACCEPTABLE.
AND SO, I URGE ALL OF MY COLLEAGUES TO VOTE YES AND
SUPPORT THEIR NEIGHBORS IN NEED AFTER DISASTER STRIKES. THANK YOU.
ACTING SPEAKER WOERNER: THANK YOU, MR.
STERN.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
PLEASE RECORD THE FOLLOWING REPUBLICAN MEMBERS IN THE AFFIRMATIVE ON
THIS LEGISLATION: MS. MILLER, MS. MALLIOTAKIS, MR. REILLY AND MR. RA.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER WOERNER: SO NOTED, THANK
YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07372, CALENDAR NO.
267, PAULIN, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION
TO TRANSFERS OF CABLE SYSTEMS.
ACTING SPEAKER WOERNER: MS. PAULIN, AN
EXPLANATION IS REQUESTED.
MS. PAULIN: I'D BE HAPPY TO. THE BILL
(UNINTELLIGIBLE/MIC NOT ON) -- A PERMANENT OR PUBLIC INTEREST REVIEW
STANDARD OR REVIEWING CABLE CORPORATION MERGERS OR ACQUISITIONS.
ACTING SPEAKER WOERNER: MR. PALMESANO.
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MR. PALMESANO: YES, MADAM SPEAKER, WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER WOERNER: WILL THE SPONSOR
YIELD?
MS. PAULIN: YES.
MR. PALMESANO: THANK YOU, AMY. I HAVE A FEW
QUESTIONS. I THINK THEY'RE PRETTY QUICK ANSWERS ON SOME OF THEM.
RIGHT NOW, DON'T CABLE COMPANIES OPERATE UNDER A SEPARATE AND UNIQUE
FRANCHISE THAT FOLLOWS REALLY EXTENSIVE AND STRICT FEDERAL AND STATE
REGULATIONS TO OPERATE THEIR CURRENT CABLE SYSTEMS?
MS. PAULIN: THEY DO.
MR. PALMESANO: AND A LOT OF THESE FRANCHISE
DOCUMENTS ARE NEGOTIATED IN A WAY TO ADDRESS THE NEEDS OF THE PROVIDER
AND THE COMMUNITIES, BUT -- BUT ALL OF THEM MUST RECEIVE PSC
APPROVAL, CORRECT?
MS. PAULIN: THEY DO.
MR. PALMESANO: AND THE EXISTING STATUTORY
FRAMEWORK RIGHT NOW IS RECOGNIZED THAT WHEN THE FRANCHISE TRANSFERS --
THE EXISTING STATUTORY FRAMEWORK RECOGNIZES FRANCHISE TRANSFERS EXCEPT
IN CIRCUMSTANCES WHERE THE PSC AND THE DEPARTMENT OF PUBLIC SERVICE
DETERMINE THE TRANSFER IS NOT IN THE PUBLIC INTEREST, CORRECT?
MS. PAULIN: YES.
MR. PALMESANO: AND UNDER THE EXISTING
FRAMEWORK, BOTH THE COMPANIES PARTICIPATING -- BOTH COMPANIES
PARTICIPATING IN THE TRANSFER MUST ADHERE TO THE EXISTING FRANCHISE
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AGREEMENTS, CORRECT?
MS. PAULIN: YES.
MR. PALMESANO: SO THIS IS WHERE I HAVE SOME
QUESTIONS RELATIVE TO PARTS I THINK IN THE BILL THAT GET A LITTLE CONFUSING.
IN SECTION 3A IT STATES THAT - AND I'M PARAPHRASING - UNDER CURRENT LAW,
QUOTE, "IT SHOULD NOT PRECLUDE APPROVAL" -- "UNDER CURRENT LAW, IT
SHOULD NOT PRECLUDE APPROVAL OF ANY APPLICATION IF THE COMMISSION
FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST." THAT'S IN
SECTION 3A, BUT THEN THE SECTION 3B -- SECTION 3B, IT GOES DOWN -- THE
NEW SECTION GOES DOWN AND SAYS, "THE COMMISSION SHALL NOT APPROVE
THE APPLICATIONS FOR A TRANSFER OR FRANCHISE, ANY TRANSFER OR CONTROL OF A
FRANCHISE, OR CERTIFICATE OF CONFIRMATION, UNLESS THE APPLICANT CONFORMS
TO THE STANDARDS ESTABLISHING AND THE REGULATIONS THAT ARE PROMULGATED,
AND THE TRANSFER IS OTHERWISE IN THE PUBLIC INTEREST." SO, IT APPEARS THAT
THIS LANGUAGE CONTRADICTS ITSELF. WHY -- WHY THE CHANGE IN THE
LANGUAGE HERE, AND WHY IS THAT NECESSARY?
MS. PAULIN: THIS IS MERELY CODIFYING WHAT IT --
WAS EXISTING LAW THROUGH 2017 AND EXPIRED. THE IDEA IS, YES, THAT A
COMPANY NEEDS TO -- IT'S ALREADY STATED IN THE LAW THAT THEY NEED TO --
THAT NONE OF THIS CAN HAPPEN UNLESS IT'S IN THE PUBLIC INTEREST, BUT IT
CHANGES THE BURDEN OF PROOF. SO, THIS REQUIRES UPFRONT FOR THE
COMPANY TO SHOW WITH PROOF THAT IT'S CONFORMING TO THE PUBLIC INTEREST
WHERE, THE OTHER WAY AROUND, IT'S MUCH MORE BURDENSOME AND MUCH
MORE EXPENSIVE FOR THE PUBLIC SERVICE COMMISSION AND THE TAXPAYERS,
OR THE RATEPAYERS THAT PAY THOSE FEES, TO REQUIRE THE PROOF ON THE OTHER
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SIDE. SO, THIS WILL SAVE RESOURCES FOR THE PUBLIC SERVICE COMMISSION.
IT MERELY GOES BACK TO THE WAY IT WAS IN -- UP TO 2017 AND IT REALLY
DOESN'T CHANGE THE REQUIREMENT FOR PUBLIC INTEREST.
MR. PALMESANO: SO, YOU DON'T FEEL THAT THE
PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC SERVICE HAS
THE ABILITY TO DO THE JOB THAT THEY HAVE BEEN DOING TO -- TO TAKE ON THIS
REGULATION, AND -- ESPECIALLY WHEN WE'RE DEALING WITH A COMPETITIVE
INDUSTRY LIKE THE CABLE INDUSTRY?
MS. PAULIN: I THINK THAT IT WILL ALLOW THE PUBLIC
SERVICE COMMISSION TO DO AN EVEN BETTER JOB, OR FOR THOSE OF US WHO
HAVE CABLE, AND TO ENSURE TO THE PUBLIC, YOU KNOW, AT A TIME WHEN WE
RELY ON THE TECHNOLOGY SO MUCH MORE THAN WE EVER DID BEFORE, IT WILL
-- IT WILL PROVIDE ANOTHER TOOL FOR THE PUBLIC SERVICE COMMISSION TO
ASSURE THE PUBLIC THAT THESE COMPANIES ARE LIVING UP TO WHAT WE NEED
THEM TO DO AT THIS TIME IN OUR CRISIS.
MR. PALMESANO: ALL RIGHT. THANK YOU.
MS. PAULIN: THANK YOU.
MR. PALMESANO: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER WOERNER: ON THE BILL.
MR. PALMESANO: YES, MADAM SPEAKER, MY
COLLEAGUES, THE CABLE-TELECOMMUNICATION INDUSTRY EMPLOYS 20,000
NEW YORKERS. IT GENERATES $100 MILLION IN TAXES AND FEES TO THE STATE
AND TO OUR LOCAL MUNICIPALITIES. THEY ALREADY HAVE A STRICT REGULATORY
FRAMEWORK IN PLACE FROM FEDERAL AND STATE LEVEL, AND THE DEPARTMENT
OF PUBLIC SERVICE AND PUBLIC SERVICE COMMISSION EVALUATES, REVIEWS
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AND APPROVES AND DETERMINES IF IT'S IN THE PUBLIC INTEREST, THAT'S THEIR
JOB AS A PUBLIC AGENCY.
COMPANIES PARTICIPATING IN THIS TRANSFER, THEY MUST
ADHERE TO THE EXISTING FRAMEWORK OF FRANCHISE AGREEMENTS THAT WERE IN
PLACE THAT ADDRESSED THAT (UNINTELLIGIBLE) ALREADY. THIS BILL, HOWEVER,
UPENDS THAT FRAMEWORK TO PLACE AN ADDITIONAL BURDEN ON COMPANIES TO
TRANSFER THIS -- FOR THIS TRANSFER, SIMILAR TO THE MONOPOLY ERA ENERGY
UTILITY MODEL. THIS JUST BASICALLY JUST COMPLICATES, CHANGES, CONFUSES
THE PROCESS, IN MY OPINION, TO THE DETRIMENT OF THE PUBLIC, AND IT DOES
NOT REALLY NEED TO HAPPEN. CONFORMITY WITH THE LAW IS ACCEPTED IN A
RECOGNIZED PRECURSOR THROUGH BRANDING FRANCHISE. IN SAYING THAT THE
CABLE FRANCHISE MUST PROVE THE TRANSFER'S IN THE PUBLIC'S INTEREST, WHEN
THE DEPARTMENT OF PUBLIC SERVICE AND THE PSC, WHO ARE CHARGED WITH
PROTECTING THE PUBLIC INTEREST, HAS THAT RESPONSIBILITY, THIS CREATES A
NEW BURDEN ON AN INDUSTRY WHICH COULD LEAD TO MORE DELAYS IN
APPROVALS, DENYING RESIDENTS IN OFTEN HARD-TO-SERVE AREAS, ACCESS TO
MODERN CABLE SERVICES AND TECHNOLOGY, WHICH COULD STIFLE INVESTMENT
AND LEAD TO LESS ACCESS TO THIS TECHNOLOGY TO LOWER-INCOME AND RURAL
AREAS.
WE KNOW THE VIDEO MARKET IS HIGHLY COMPETITIVE, AND
CUSTOMERS HAVE NUMEROUS OPTIONS, WIRELESS -- WIRELINE CABLE, INTERNET
PROTOCOL, VIDEO STREAMING, A SATELLITE AND HIGH DEFINITION. COMPANIES
ARE INVESTING IN STATE-OF-THE-ART FIBER AND HARDWARE NETWORKS TO BRING
BROADBAND SPEEDS UP FOR THE PUBLIC AND TO INCREASE ACCESS TO
TECHNOLOGY, BUT WE STILL FACE MANY CHALLENGES TO GET THIS INVESTMENT, TO
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GET THIS EXPANSION HAPPENING FOR THE PEOPLE OF THIS STATE, IS BECAUSE OF
POLICIES THAT ARE MAYBE ILL-ADVISED, UNINTENDED CONSEQUENCES, I
BELIEVE THIS IS ONE OF THOSE BILLS THAT WILL DO THAT.
ANOTHER SUCH BILL THAT WE TALKED ABOUT, THE
RIGHT-OF-WAY TAX THAT WAS ADDRESSED AS PART OF THE BUDGET LAST YEAR.
THIS IS WHERE IT PUTS A TAX ON OUR FIBER LINES -- ON PROVIDERS INSTALLING
LINES ALONG THE RIGHT-OF-WAY ON THE STATE, WHICH IS TOTALLY
COUNTERPRODUCTIVE TO WHAT THE STATE'S BEEN TRYING TO PROMOTE TO
EXPAND BROADBAND AND ACCESS TO THIS TECHNOLOGY. IT'S A DISINCENTIVE TO
INVESTMENT. IT WILL ONLY HINDER ACCESS AND EXPANSION TO THE MANY
CHILDREN AND THEIR FAMILIES IN OUR -- IN OUR LOWER-INCOME AND RURAL
AREAS THAT DON'T HAVE ACCESS TO THIS TECHNOLOGY, CAN'T ACCESS IT BECAUSE
OF THE CHALLENGES WE HAVE BECAUSE OF OTHER ASPECTS. AND THIS IS AT A
TIME WHEN OUR KIDS AND FAMILIES NEED IT MOST. AS WE TALKED ABOUT
YESTERDAY, THIS ACCESS TO TECHNOLOGY, INTERNET ACCESS, THIS WAS A
PROBLEM BEFORE COVID CAME HERE, BUT IT BECAME CLEARLY EVIDENT AFTER
COVID ARRIVED AND OUR SCHOOLS HAD TO RESORT TO REMOTE TECHNOLOGY
AND REMOTE LEARNING, WHICH DOES NOT WORK. IT DOES NOT PROVIDE THE
SERVICES AND EDUCATION OUR CHILDREN NEED.
SO, THIS BILL AND THE RIGHT-OF-WAY TAX, THESE ARE STEPS
IN THE WRONG DIRECTION THAT WILL, I THINK, NOT HELP EXPAND ACCESS TO THIS
CRITICAL SERVICE AND NEED. IN MY OPINION, IT'S JUST GOING TO HINDER THAT
ACCESS, IT'S GOING TO BECOME MORE COSTLY AND MORE CHALLENGING TO
EXPAND AND DEVELOP THIS -- DEVELOP THIS ACCESS TO THE PUBLIC WHO
DESPERATELY NEED IT SO THEY CAN DO THE THINGS THEY NEED TO DO AND
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IMPROVE THEIR QUALITY OF LIFE. SO FOR THAT REASON, MR. -- MADAM
SPEAKER -- MR. SPEAKER, AND MY COLLEAGUES, I'LL BE VOTING IN THE
NEGATIVE ON THIS BILL AND I 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 IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 267. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE, THERE ARE CERTAINLY MANY MEMBERS WHO WILL BE VOTING NO,
BUT IF A MEMBER WOULD LIKE TO VOTE YES ON THIS BILL, PLEASE CALL THE
MINORITY LEADER'S OFFICE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. CRYSTAL PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS WILL BE A PARTY VOTE IN THE AFFIRMATIVE. SHOULD
MEMBERS DESIRE TO VOTE NEGATIVELY ON THIS ONE, THEY SHOULD FEEL FREE TO
CALL THE OFFICE AND WE WILL RECORD THEIR VOTE AS ASKED.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
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MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING MEMBERS AS VOTING IN THE AFFIRMATIVE: MR. ASHBY, MR.
BARCLAY, MR. CROUCH, MS. MILLER, MR. RA AND MR. REILLY. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
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
AND COLLEAGUES. LET'S CONTINUE OUR WORK ON THE DEBATE LIST. WE'RE
GOING TO GO WITH CALENDAR NO. 318, CALENDAR NO. 331 -- OH, EXCUSE
ME, CALENDAR NO. 318 IS BY MEMBER GLICK. CALENDAR NO. 331 IS BY
MR. THIELE, CALENDAR NO. 358 BY MS. PAULIN, CALENDAR NO. 391,
ABINANTI, AND CALENDAR NO. 401, MR. DILAN. IN THAT ORDER, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08212, CALENDAR NO.
318, GLICK, SIMON, GOTTFRIED, JAFFEE, GRIFFIN, L. ROSENTHAL, MOSLEY,
LENTOL, SIMOTAS, EPSTEIN, BUCHWALD, BLAKE, OTIS, WRIGHT. AN ACT
AUTHORIZING THE COMMISSIONER OF HEALTH TO CONDUCT A STUDY AND ISSUE A
REPORT EXAMINING THE UNMET HEALTH AND RESOURCE NEEDS FACING PREGNANT
WOMEN IN NEW YORK AND THE IMPACT OF LIMITED SERVICE PREGNANCY
CENTERS ON THE ABILITY OF WOMEN TO OBTAIN ACCURATE, NON-COERCIVE
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HEALTH CARE INFORMATION AND TIMELY ACCESS TO A COMPREHENSIVE RANGE OF
REPRODUCTIVE AND SEXUAL HEALTH CARE SERVICES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. GLICK.
MS. GLICK: THANK YOU VERY MUCH. I AM VERY
UNACCUSTOMED TO DEBATING A BILL SITTING DOWN. IT'S A NEW EXPERIENCE.
THE BILL WOULD REQUIRE THE NEW YORK STATE COMMISSIONER OF HEALTH TO
CONDUCT A STUDY AND ISSUE A REPORT EXAMINING THE UNMET HEALTH AND
RESOURCE NEEDS FACING NEW YORK STATE PREGNANT WOMEN. IN ADDITION,
IT WOULD REQUIRE THE COMMISSIONER TO INDICATE THE IMPACT OF LIMITED
SERVICE PREGNANCY CENTERS - THESE ARE KNOWN AS CRISIS PREGNANCY
CENTERS - ON THE ABILITY OF WOMEN TO OBTAIN ACCURATE AND NON-COERCIVE
REPRODUCTIVE AND SEXUAL HEALTHCARE INFORMATION. NOW THE BILL
SPECIFICALLY DEFINES A LIMITED SERVICE PREGNANCY CENTER AS A FACILITY THAT
PRIMARILY PROVIDES SERVICES TO CLIENTS WHO ARE OR MAY BE PREGNANT. IT
IS NOT A LICENSED HEALTHCARE FACILITY, OR IS NOT PROVIDING SERVICES UNDER
THE DIRECTION OF A LICENSED HEALTHCARE PROVIDER AND FAILS TO PROVIDE OR
REFER FOR THE FULL RANGE OF COMPREHENSIVE REPRODUCTIVE SEXUAL
HEALTHCARE SERVICES. IN ADDITION, WE WOULD REQUIRE THE COMMISSIONER
TO -- AS PART OF THIS REPORT TO LOOK AT THE -- WHETHER THESE CENTERS
RECEIVE ANY PUBLIC FUNDS OR SUBSIDIES, AND WHETHER THEY ARE PART OF A
LARGER ORGANIZATION AND WHAT SERVICES THEY PROVIDE AND WHAT ARE THE
SERVICE -- SERVICES THAT ARE MOST REQUESTED. IN ADDITION, WE WOULD
WANT TO KNOW THE NUMBER OF WOMEN THAT ACCESS THESE SERVICES AND
THEIR GEOGRAPHIC AND DEMOGRAPHIC INFORMATION, AND WHETHER OR NOT
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THEY -- THESE SERVICE CENTERS HOLD THEMSELVES OUT TO THE PUBLIC AS
MEDICAL FACILITIES AND THE NATURE OF THE INFORMATION THAT THEY PROVIDE
TO CLIENTS WHO THEY SERVICE, AND WHETHER THEY COLLECT ANY MEDICAL
INFORMATION.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. GLICK, WILL YOU
YIELD?
MS. GLICK: BUT OF COURSE. ABSOLUTELY.
ACTING SPEAKER AUBRY: MS. GLICK YIELDS.
MR. GOODELL: THANK YOU, MS. GLICK. I -- I MUST
CONFESS THAT I AM NOT FAMILIAR WITH THIS PHRASE "LIMITED SERVICES
PREGNANCY CENTER." AS FAR AS I KNOW, I DON'T HAVE ANY IN MY DISTRICT.
BUT IT'S CLEAR THAT YOU'RE VERY CONCERNED ABOUT THESE LIMITED SERVICES
PREGNANCY CENTERS. WHAT STUDIES OR INFORMATION HAS ALREADY BEEN
CORRELATED REGARDING THESE FACILITIES?
MS. GLICK: WELL, GENERALLY SPEAKING, A LOT OF THE
INFORMATION HAS NOT BEEN CORRELATED BY THE HEALTH DEPARTMENT SO
MUCH AS ORGANIZATIONS THAT REVIEW FROM AN -- MORE OF AN ANECDOTAL
REPORTING. AND SO WE ARE CONCERNED THAT THEY ADVERTISE CERTAIN
SERVICES SUCH AS A FREE PREGNANCY TEST OR AN ULTRASOUND, AND YET THESE --
AND SINCE IT'S FREE AND ANECDOTALLY THEY ARE IN MANY POOR COMMUNITIES
OR IMMIGRANT COMMUNITIES, THEY ARE ATTRACTIVE BECAUSE THEY ARE
OFFERING A FREE SERVICE TO SOMEBODY WHO IS CONCERNED ABOUT WHETHER
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OR NOT THEY'RE PREGNANT. AND THERE HAS BEEN SOME DOCUMENTATION THAT
THEY MAY ENGAGE IN MISLEADING INFORMATION AS A WAY OF DELAYING
WOMEN SEEKING ABORTION SERVICES. BUT WE WOULD LIKE TO HAVE NOT
ANECDOTAL INFORMATION FROM CONCERNED ORGANIZATIONS, LIKE THE NATIONAL
COUNCIL OF JEWISH WOMEN, OR THE NATIONAL LATINA INSTITUTE OF
REPRODUCTIVE HEALTH AND THOSE ORGANIZATIONS. WE'D LIKE THE STATE TO
TAKE A LOOK AT THIS SO THAT WE HAVE ACCURATE INFORMATION TO SEE IF THE --
WHAT RANGE OF SERVICES THEY ARE PROVIDING AND, GENERALLY SPEAKING,
THEY DO NOT SEEM TO HAVE LICENSED HEALTHCARE PROFESSIONALS AVAILABLE.
WE'D LIKE TO KNOW WHETHER THAT IS OR IS NOT TRUE.
MR. GOODELL: IS IT ACCURATE, THEN, TO SAY THAT YOUR
PRIMARY CONCERN IS WITH ORGANIZATIONS THAT CONSULT AGAINST ABORTION
AND DO NOT PROVIDE ABORTION SERVICES? IS THAT ACCURATE?
MS. GLICK: WELL, WE WOULD LIKE TO KNOW THE EXTENT
OF THE SERVICES THAT ARE SUGGESTED THAT THEY PROVIDE AND WHETHER OR NOT
THEY ARE PROVIDING THEM, AND TO WHAT EXTENT THEY ARE -- THEY EXIST
AROUND THE STATE. AND, YES, WE WOULD LIKE TO KNOW WHETHER WOMEN
ARE ENCOURAGED TO COME INTO A FACILITY THAT IS -- THAT MAY APPEAR TO BE A
MEDICAL FACILITY BUT IS, IN FACT, NOT. AND WE BELIEVE IN GENERAL IN TRUTH
IN ADVERTISING AS A GENERAL PRINCIPLE. AND SO WE WANT TO BE CERTAIN
THAT WOMEN WHO ARE TRYING TO AVAIL THEMSELVES OF MEDICAL SERVICES ARE
NOT DIVERTED FROM THAT BY MISINFORMATION.
MR. GOODELL: AND DO YOU HAVE DOCUMENTATION
THAT ANY OF THESE FACILITIES HAVE ENGAGED IN FRAUDULENT ADVERTISING?
WE ALREADY, OF COURSE, HAVE RULES AND REGULATIONS PROHIBITING
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FRAUDULENT ADVERTISING IN THE GENERAL BUSINESS LAW AND -- AND OTHER
CONTEXTS. IS THERE ANY DOCUMENTATION THAT THERE'S ANYTHING THAT'S
OCCURRING THAT IS FRAUDULENT IN ANY WAY?
MS. GLICK: WELL, AGAIN, THERE ARE ORGANIZATIONS
THAT ARE -- THAT HAVE HAD INDIVIDUALS REPORT TO THEM THAT THEY SAW AN
ADVERTISEMENT FOR A FREE PREGNANCY TEST AND THEY RECEIVED A PREGNANCY
TEST BUT WERE --
MR. GOODELL: AND IT WAS FREE.
MS. GLICK: -- AND IT WAS FREE. BUT THAT THEIR DESIRE
FOR ADDITIONAL INFORMATION THAT WAS HEALTH INFORMATION, TECHNICAL
INFORMATION, WAS NOT AVAILABLE TO THEM ALTHOUGH THEY BELIEVED FROM
WHATEVER THEY SAW THAT IT WOULD BE. AND SO, AGAIN, THIS HAS BEEN
ANECDOTAL. AND SO IT'S -- THIS BILL IS INTENDED TO ENSURE THAT WHAT WE
ARE OPERATING ON IS INFORMATION THAT HAS, IN FACT, BEEN VERIFIED BY THE
DEPARTMENT OF HEALTH. WE KNOW THAT PRENATAL CARE IS EXTREMELY
IMPORTANT AND THAT THERE IS A BALANCE BETWEEN WOMEN WHO WANT TO
CONTINUE A PREGNANCY AND THOSE WHO DON'T WANT TO CONTINUE A
PREGNANCY, AND WE WANT TO BE SURE, REGARDLESS OF WHETHER THEY ARE
INTENDING TO CONTINUE A PREGNANCY OR NOT, THAT THEY ARE ACTUALLY
RECEIVING INFORMATION FROM A -- AN APPROPRIATE HEALTHCARE PROVIDER AND
NOT FROM SOMEBODY WITH A PARTICULAR PHILOSOPHICAL APPROACH.
MR. GOODELL: AND THAT PHILOSOPHICAL APPROACH
THAT YOU'RE CONCERNED ABOUT IS THE PHILOSOPHICAL APPROACH THAT'S
GENERALLY OPPOSED TO ABORTIONS? WOULD THAT BE CORRECT?
MS. GLICK: WELL, THAT, IN PART, HAS CERTAINLY BEEN
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SOME OF THE CLAIMS THAT WE HAVE HEARD FROM SOME OF THE WOMEN WHO
HAVE THOUGHT THEY WERE ACCESSING HEALTHCARE, ONLY TO FIND OUT THAT THEY
WERE NOT ACCESSING HEALTHCARE FROM A LICENSED FACILITY. BUT IT'S NOT JUST
ABORTION SERVICES. PRENATAL CARE IS EXTREMELY IMPORTANT, AS WE'VE
HEARD FROM -- IN RELATION TO OTHER BILLS THAT WE'VE TAKEN UP IN THE LAST
COUPLE OF DAYS, AND SOMEBODY WHO IS SEEKING PRENATAL CARE SHOULD, IN
FACT, BE GETTING THAT FROM SOMEBODY WHO IS A HEALTHCARE PROVIDER. AND
THAT IS AS MUCH A CONCERN AS WHETHER OR NOT SOMEBODY, YOU KNOW, IS
SEEKING TO TERMINATE A PREGNANCY OR TO CONTINUE A PREGNANCY.
REGARDLESS, THEY SHOULD BE GETTING ACCURATE HEALTHCARE INFORMATION
FROM A HEALTHCARE PROVIDER.
MR. GOODELL: CERTAINLY, WE ROUTINELY PASS
LEGISLATION, IT SEEMS, THAT REQUIRES FULL DISCLOSURE AND WARNINGS AND
RECOMMENDATIONS AND ADVICE. IS THERE ANYTHING IN THIS BILL, FOR
EXAMPLE, THAT WOULD REQUIRE A LIMITED SERVICE PREGNANCY CENTER TO
ACTUALLY PROVIDE THAT INFORMATION? THERE'S NOTHING IN THIS BILL THAT
WOULD SAY YOU NEED TO, YOU KNOW, PROVIDE A WARNING LIKE WE JUST
PASSED A BILL ABOUT WEIGHT LOSS PROGRAMS, FOR EXAMPLE, A WARNING THAT
SAYS --
MS. GLICK: NOT YET. NOT YET --
MR. GOODELL: -- YOU SHOULD GET PERSONAL PRENATAL
CARE FROM A LICENSED PHYSICIAN OR AN OB-GYN OR -- OR WHATEVER. IS
THERE ANY --
MS. GLICK: THAT IS MY --
MR. GOODELL: -- ANYTHING THAT DEALS WITH --
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MS. GLICK: THAT'S MY NEXT BILL.
MR. GOODELL: THAT'S NEXT --
MS. GLICK: THAT'S MY NEXT BILL.
MR. GOODELL: I SEE.
MS. GLICK: THAT'S MY NEXT BILL. AND WITH THIS BILL
--
MR. GOODELL: WOULD THIS BILL APPLY TO PREGNANCY
CENTERS, IF YOU WILL, THAT ARE OPERATED BY A PRO-ABORTION -- PLANNED
PARENTHOOD, FOR EXAMPLE, OR IS THAT REALLY NOT THE SCOPE OF THIS BILL?
MS. GLICK: WELL, THIS BILL REFERS TO BILLS THAT -- TO
FACILITIES THAT ARE NOT PROVIDING SERVICES UNDER THE DIRECTION OF A
LICENSED HEALTHCARE PROVIDER. I BELIEVE THE FACILITY THAT YOU REFERRED TO
DO, IN FACT, HAVE LICENSED HEALTHCARE PROFESSIONALS WHO ARE RUNNING
THOSE FACILITIES. WE BELIEVE THAT THERE IS AN ISSUE, BUT AT THE MOMENT
THAT IS ANECDOTAL. AND WHILE I WOULD LIKE TO PROCEED WITH MY NEXT
BILL, WHICH WOULD BE A DISCLOSURE BILL, WE FELT IT WAS IMPORTANT FOR US
TO HAVE NOT ANECDOTAL INFORMATION COMPILED BY INDIVIDUALS, BUT RATHER,
A HARD AND FAST STUDY PROVIDED BY THE DEPARTMENT OF HEALTH TO REVIEW
WHAT SERVICES ARE BEING OFFERED AND WHETHER OR NOT THEY ARE
APPROPRIATE IN VIEW OF THE FACT THAT THEY'RE -- THEY ARE NOT UNDER THE
DIRECTION OF A LICENSED HEALTHCARE PROVIDER.
MR. GOODELL: THANK YOU VERY MUCH, MS. GLICK.
I ALWAYS APPRECIATE YOUR COMMENTS.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
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GOODELL.
MR. GOODELL: WHILE I APPRECIATE MY COLLEAGUE'S
DESIRE TO DO A COMPREHENSIVE STUDY ON LIMITED SERVICES PREGNANCY
CENTERS, IT SEEMS AS THOUGH THIS IS REALLY AIMED AT EXAMINING FACILITIES
THAT HELP PREGNANT WOMEN AND PROVIDE COUNSELING THAT MAY HAVE A
PARTICULAR POINT OF VIEW THAT MAY BE A PRO-LIFE POINT OF VIEW, FOR
EXAMPLE, AND THE SPONSOR MENTIONED THAT A COUPLE OF TIMES. AND THE
MOST PROMINENT ABORTION -- PRO-ABORTION ORGANIZATION THAT WE'RE AWARE
OF, PLANNED PARENTHOOD -- WHILE THEY DON'T URGE PEOPLE TO GET
ABORTIONS, THEY CERTAINLY ARE THE LEADING PROVIDER -- THEY WOULD BE
EXEMPT FROM THIS. AND I ALWAYS FIND IT A VERY DANGEROUS COURSE WHEN
GOVERNMENT SPENDS TAXPAYER MONEY TO INVESTIGATE ORGANIZATIONS IN
LARGE PART BASED ON THEIR PHILOSOPHICAL PERSPECTIVE. AND YOU MAY BE
PRO-CHOICE, YOU MAY BE PRO-ABORTION. BUT I THINK GOVERNMENT SHOULD
NOT INITIATE STUDIES THAT FOCUS ON ONE GROUP AND NOT ON A DIFFERENT
GROUP. IF WE WANT TO EVALUATE ALL THE GROUPS THAT PROVIDE COUNSELING
SERVICES TO PREGNANT WOMEN, I'M FINE WITH THAT KIND OF STUDY BECAUSE
THAT TYPE OF STUDY CAN GIVE YOU THE DATA ON EVERYONE, AND THE
ADVANTAGES AND DISADVANTAGES. BUT TO TARGET ONE GROUP AND SPEND
TAXPAYER MONEY TO INVESTIGATE THEM, I THINK IT'S AN INAPPROPRIATE USE OF
OUR AUTHORITY.
THANK YOU VERY MUCH, SIR. AND AGAIN, THANK YOU TO
MY COLLEAGUE.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. DIPIETRO.
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MR. DIPIETRO: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. DIPIETRO: THIS IS NOTHING MORE THAN
GOVERNMENT TERRORISM. THIS IS AN ATTEMPT TO TAKE A GROUP THAT'S
PRO-LIFE MOSTLY AND USE GOVERNMENT TERRORISM TO SHUT THEM DOWN, TO
INTIMIDATE THEM, TO DO WHATEVER THEY HAVE TO. AND MAKE NO MISTAKE,
THIS IS BEING DIRECTED BY MANY PEOPLE AT PLANNED PARENTHOOD. YOU CAN
JUST TELL BY THE FACT THAT PLANNED PARENTHOOD IS NOT INVOLVED IN ANY OF
THIS GOVERNMENT TERRORISM. IT'S ONLY AIMED AT ONE GROUP. FOR SHAME
THAT A GROUP SAYS, YOU KNOW WHAT? WE VALUE LIFE. FOR SHAME THAT A
GROUP SAYS, YOU SHOULD SEE A SONOGRAM, KNOWING THAT 70 PERCENT OF
WOMEN THAT SEE THE SONOGRAM WILL ACTUALLY CHOOSE TO KEEP THE BABY.
TO THE PRO-DEATH CROWD THAT'S JUST -- THAT'S JUST -- THAT'S HORRIBLE THEY
CAN'T HAVE THAT. THE HEARTBEAT BILL. THEY CAN'T SEE THAT. THIS IS
NOTHING MORE THAN GOVERNMENT TERRORISM, TRYING TO INTIMIDATE A GROUP.
AND IT WAS EVEN JUST SAID, THERE IS NO -- THEY'VE DONE NOTHING WRONG.
THERE -- THERE'S NOTHING THAT'S BEEN SAID THAT THEY'VE DONE WRONG.
THERE'S NO -- NO ACTION. THERE'S BEEN NO COMPLAINT THAT THEY VIOLATED
ANY LAW. I'M JUST REALLY UPSET THAT, AGAIN, WE GO AFTER PRO-LIFE CROWDS.
THE PRO-LIFE GROUP HERE, NOTHING WRONG WITH THIS GROUP. THEY'RE
ACTUALLY GIVING -- DOING A GREAT SERVICE TO THE WOMEN, PROMOTING LIFE,
AND I WILL -- I WILL -- I WOULD GLADLY DEFEND THEM IF I COULD. BUT MAKE
NO MISTAKE. THIS IS A COMPLETE ATTACK FROM THE PRO-LEFT, PRO-CHOICE,
PRO-BABY KILLING CROWD GOING AFTER A GROUP THAT HAS JUST ADMITTED THAT
THERE -- THAT WE JUST HEARD HAS DONE NOTHING WRONG. BUT WE DEFINITELY
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HAVE TO GO INVESTIGATE THAT, EVEN THOUGH THEY'VE DONE NOTHING WRONG.
WE'VE HAD HEARSAY THAT MAYBE A DOCTOR, SOMEONE WASN'T A DOCTOR --
WHEN YOU'RE DOING COUNSELING IT MAKES NO DIFFERENCE. IT MAKES NO
DIFFERENCE IF YOU'RE A DOCTOR. YOU WANT TO ALLOW SOMEONE TO COME IN
AND SAY, YOU KNOW WHAT? THIS IS YOUR OPTIONS. YOU DON'T HAVE TO BE A
DOCTOR TO GIVE OPTIONS. THEY'RE NOT PERFORMING SURGERY, THEY'RE
COUNSELING. GOD BLESS THEM. I HOPE 1,000 MORE OPEN UP IN NEW YORK
STATE, THE NUMBER ONE ABORTION MURDER CAPITAL IN THE WORLD.
WITH THAT, THANK YOU, MR. SPEAKER. I WILL BE
DEFINITELY VOTING IN THE NEGATIVE AND I AM DEFINITELY URGING EVERY
SINGLE ONE OF MY REPUBLICAN COLLEAGUES AND ANYONE ELSE WHO'S -- ANY
-- GOT ANY KIND OF PRO-LIFE TO VOTE AGAINST THIS HORRIBLE LEGISLATION. IT
DOES ABSOLUTELY NOTHING BUT INFLICTS GOVERNMENT TERRORISM ON A SMALL
GROUP BECAUSE THEY HAPPEN TO BE PRO-LIFE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. FITZPATRICK: THIS IS -- WE'RE GOING TO SEE
MORE OF THIS AS -- WHEN WE HAVE TOTAL ONE-PARTY CONTROL IN -- IN NEW
YORK STATE WHERE OPPONENTS WILL BE HUNTED DOWN AND INTIMIDATED AND
HARASSED. I JUST HAVE ONE QUESTION TO ASK. YOU KNOW, WE HAD A --
DOWN IN PHILADELPHIA YOU HAD A DR. KERMIT GOSNELL WHO, THANKFULLY,
WAS PROSECUTED FOR MURDERING YOUNG CHILDREN AFTER THEY WERE ABORTED.
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BUT WHERE WERE THE ADVOCATES FOR LEGISLATION LIKE THIS TO GO AFTER THOSE
KINDS OF INDIVIDUALS? THOSE KINDS OF PRACTICES ARE OVERLOOKED. BUT
WE WANT TO GO AFTER PRO-LIFE GROUPS.
I STRONGLY DISAGREE WITH THIS BILL. IT'S UNFORTUNATE THAT
IT'S BEING ADVANCED. THIS WOULD BE A ONE-HOUSE BILL IF THE SENATE
WERE UNDER REPUBLICAN CONTROL, IF WE HAD MORE BALANCE IN THIS STATE.
BUT I URGE A NO VOTE ON THIS BILL. THIS IS AN ATTEMPT TO INTIMIDATE PRO-
LIFE GROUPS FROM SERVING WOMEN AND TRYING TO SAVE HUMAN LIFE. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GLICK.
MS. GLICK: ON THE BILL AND ON SOME OF THE
COMMENTS MADE BY COLLEAGUES. FIRST OF ALL, THE DOCTOR IN PHILADELPHIA
WHO WAS OPERATING INAPPROPRIATELY WAS PROSECUTED, PROSECUTED,
BECAUSE THAT WAS NOT HEALTHCARE. SO I THINK THAT RAISING THAT INDIVIDUAL
AS SOME SORT OF MARKER OF APPROPRIATE HEALTHCARE IS CLEARLY WRONG
SINCE, IN FACT, THE INDIVIDUAL WAS PROSECUTED. WE ARE NOT HUNTING
ANYONE DOWN. I HAVE A BILL THAT I HOPE TO BE ABLE TO BRING FORWARD
WHICH WOULD SIMPLY REQUIRE THE -- ANY FACILITY TO DISCLOSE, AS PLANNED
PARENTHOOD, AS A LICENSED HEALTHCARE PROVIDER, DOES HAVE TO GET
INFORMED CONSENT, DOES HAVE TO PROVIDE APPROPRIATE INFORMATION,
ACCURATE INFORMATION. THE AMA HAS, IN FACT, INDICATED THAT THESE
LIMITED SERVICES PREGNANCY CENTERS OPERATE UNETHICALLY. WE HAVE HAD
INDIVIDUALS WHO HAVE SAID, I WAS LURED IN BY A PROMISE OF A FREE
PREGNANCY TEST BECAUSE I'M POOR AND I HAD NO CHOICE. I DON'T HAVE
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ACCESS TO HEALTHCARE. AND THEN WHEN I ASKED FOR ADDITIONAL SERVICES I
WAS, YOU KNOW, DISCOURAGED AND BADGERED. BUT I'M NOT TAKING THAT ON
ANECDOTAL. I BELIEVE IT IS IMPORTANT FOR THE STATE TO UNDER -- THE STATE TO
UNDERSTAND WHETHER WOMEN WHO MAY BE PREGNANT OR WOMEN WHO ARE
PREGNANT HAVE ACCURATE INFORMATION, WHETHER IT'S PRENATAL CARE -- THESE
FOLKS CAN'T PROVIDE PRENATAL CARE. THEY DON'T PRETEND TO PROVIDE
PRENATAL CARE. THEY ARE NOT LICENSED HEALTH FACILITIES. THEY SUGGEST
THAT BY SAYING YOU CAN GET A FREE PREGNANCY TEST OR A FREE SONOGRAM.
BUT IN REALITY, BEYOND THAT THEY CANNOT PROVIDE ANY ADDITIONAL
HEALTHCARE. SO IF SOMEONE HAS A PRENATAL CONDITION, A DELAY MIGHT BE A
PROBLEM. AND SO THEY SHOULD, IN FACT, NOT BE ENCOURAGED TO GO INTO A
-- A FACILITY THAT DOES NOT PROPERLY SUPPORT THEM. THEY SHOULD BE
GOING TO A HEALTHCARE FACILITY. SO I BELIEVE -- AND THESE -- THE STATISTICS
THAT ARE THROWN OUT BY MY COLLEAGUES SOMETIMES ARE -- ARE LAUGHABLE.
MANY, MANY PEOPLE WHO SEE -- WHO ARE PREGNANT AND LEARN LATE IN
THEIR PREGNANCY THROUGH THE USE OF A SONOGRAM THAT THERE IS A
CATASTROPHIC PROBLEM WITH THEIR PREGNANCY, MY COLLEAGUES WHO ARE SO
CONCERNED DON'T WANT THEM TO REACT TO THAT INFORMATION THAT THEY MIGHT
SEE IN A SONOGRAM ABOUT A CATASTROPHICALLY PROBLEMATIC PREGNANCY.
SO I WOULD URGE -- THIS ISN'T TERRORISM, THIS IS
INFORMATION. AND PEOPLE WHO ARE CONCERNED ABOUT PEOPLE GETTING
ACCURATE INFORMATION ARE THE PROBLEM. SO I WOULD URGE -- YOU KNOW,
THIS DID NOT GO THROUGH WAYS AND MEANS. WE BELIEVE THAT THIS
INFORMATION CAN BE GATHERED BY THE HEALTH DEPARTMENT IN THE COURSE OF
THEIR NORMAL BUSINESS. SO THIS ISN'T GOING TO COST MONEY. THIS ISN'T AN
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INVESTIGATION. THIS IS A STUDY TO IDENTIFY WHETHER OR NOT AND TO WHAT
EXTENT THESE ORGANIZATIONS ARE -- EXIST THROUGHOUT THE STATE AND IN WHAT
COMMUNITIES. AND WE PARTICULARLY BELIEVE THAT THEY DO TEND TO FOCUS
ON POOR WOMEN, IMMIGRANT WOMEN, WHO HAVE LIMITED ACCESS TO
HEALTHCARE. SO I WOULD URGE A -- A YES VOTE FROM ALL OF MY COLLEAGUES
BECAUSE INFORMATION IS POSITIVE, NOT AN ATTACK.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 318. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. THE REPUBLICAN CONFERENCE WILL BE GENERALLY NO ON THIS.
BUT IF THERE ARE MEMBERS THAT WOULD LIKE TO SUPPORT THIS LEGISLATION,
PLEASE CALL THE MINORITY LEADER'S OFFICE AND LET THEM KNOW AS QUICKLY
AS POSSIBLE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE. I WOULD ASK
COLLEAGUES WHO CHOOSE NOT TO VOTE WITH US ON THIS BILL TO PLEASE
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CONTACT THE OFFICE AND WE WILL SO RECORD YOUR VOTE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
(THE CLERK RECORDED THE VOTE.)
MR. FITZPATRICK TO EXPLAIN HIS VOTE.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I
JUST -- JUST WANT TO SAY THAT THE -- SINCE THIS LEGISLATION IS BEING INSPIRED
BY ANECDOTAL EVIDENCE I JUST WANTED TO EXPRESS TO THE SPONSOR THAT FOR
QUITE A LONG PERIOD OF TIME THERE WAS A LOT OF ANECDOTAL EVIDENCE ABOUT
WHAT DR. GOSNELL WAS DOING AND IT WAS ABSOLUTELY IGNORED UNTIL FINALLY
SOMEONE HAD TO DO SOMETHING ABOUT IT.
SO, AGAIN, THIS CLEARLY IS AN ATTEMPT TO INTIMIDATE AND
GO AFTER PRO-LIFE ORGANIZATIONS, AND I URGE -- I URGE MY COLLEAGUES WHO
HAVE A HEART AND BELIEVE IN THE SANCTITY OF LIFE TO PLEASE VOTE NO ON THIS
LEGISLATION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK YOU, MR. SPEAKER. THIS IS
FROM THE JOURNAL OF ETHICS OF THE AMERICAN MEDICAL ASSOCIATION.
CRISIS PREGNANCY CENTERS ARE ORGANIZATIONS THAT SEEK TO INTERCEPT
WOMEN WHO ARE PREGNANT WHO MIGHT CONSIDER AN ABORTION. THEIR
MISSION IS TO PREVENT ABORTIONS BY PERSUADING WOMEN NOT TO HAVE
ABORTIONS. THEY STRIVE TO GIVE THE IMPRESSION THAT THEY ARE CLINICAL
CENTERS, BUT THEY ARE NOT. BECAUSE THE RELIGIOUS IDEOLOGY OF THESE
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CENTERS' OWNERS AND EMPLOYEES TAKES PRIORITY OVER THE HEALTH AND
WELL-BEING OF THE WOMEN SEEKING CARE, THESE WOMEN DO NOT RECEIVE
TRUE, THEY DO NOT RECEIVE HONEST, THEY DO NOT RECEIVE COMPREHENSIVE
AND ACCURATE EVIDENCE-BASED CLINICAL INFORMATION. ALTHOUGH THESE
CENTERS ENJOY FIRST AMENDMENT RIGHTS TO PROTECTION, THEIR PROPAGATION
OF MISINFORMATION SHOULD BE REGARDED AS AN ETHICAL VIOLATION AND
UNDERMINES WOMEN'S HEALTH. OUR OBJECTIVE AS LEGISLATORS IS TO PROTECT
PEOPLE FROM BEING DECEIVED. THAT'S WHY WE HAVE THE FOOD AND --
FOOD, DRUG AND COSMETICS ACT. THE FAIR DEBT COLLECTION ACT. THE
FAIR CREDIT REPORTING AND BILLING ACT AND ON AND ON AND ON AND ON.
AND LET ME SAY THAT WHILE I APPRECIATE THE FERVOR OF SOME OF MY
COLLEAGUES WHO WILL BE VOTING AGAINST THIS PARTICULAR BILL, I HAVE A
HEART AND I BELIEVE IN HUMAN RIGHTS AND I DO NOT WANT TO SEE US RETURN
TO THE DAY WHERE WOMEN ARE BUTCHERED IN BACK ALLEYS.
SO, FINALLY, LET US DO WHAT WE CAN TO MAKE SURE THAT
ALL NEW YORKERS, MEN AND WOMEN, ARE PROTECTED. AND TO THOSE MEN
WHO ARE SO FERVENTLY OPPOSED TO THIS, LET ME OFFER THIS MODEST
SUGGESTION: PLEASE GUYS, DO YOUR BEST NOT TO BECOME PREGNANT. I'M
PROUD TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. DIPIETRO TO
EXPLAIN HIS VOTE.
MR. DIPIETRO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I FIND IT SO RICH THAT ALL OF A SUDDEN WHEN THERE'S BEEN NO
COMPLAINTS, THERE'S BEEN NO DOCUMENTATION, THAT ALL OF A SUDDEN WE'RE
TALKING ABOUT BACK ALLEY ABORTIONS. WE'RE TALKING ABOUT A GROUP THAT
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JUST GIVES ADVICE BECAUSE THEY'RE PRO-LIFE. I FIND IT VERY RICH TO SIT THERE
AND TAKE ON THIS GROUP AND TALK ABOUT DIS -- DISADVANTAGED CITIZENS
WHEN OVER 70 PERCENT OF PLANNED PARENTHOOD ABORTION CLINICS ARE IN
POOR MINORITY NEIGHBORHOODS. YOU'RE DARN RIGHT I'M GOING TO GET
PASSIONATE. THIS IS NOTHING BUT GOVERNMENT TERRORISM AGAINST A GROUP
THAT'S PRO-LIFE. YOU CAN SIT THERE AND SPIN IT ANY WAY YOU WANT. YOU
CAN TURN IT ANY WHICH WAY YOU WANT. BUT THAT'S ALL THIS IS. THERE'S
DOCUMENTATION THAT PLANNED PARENTHOOD IS BEHIND THIS, TRYING TO
ELIMINATE THESE ORGANIZATIONS BECAUSE IT INFRINGES UPON THEIR
PRO-CHOICE IDEALS. I JUST FIND IT RICH THAT PEOPLE WOULD SAY, OH, DON'T
GET PREGNANT AS A MALE. THAT'S THE WORST ARGUMENT I'VE EVER HEARD, I'M
SORRY. THAT'S AN ARGUMENT TO GO AFTER A GROUP OF PEOPLE? AND ALSO
GOING AFTER A GROUP AND SAYING THAT THEY WOULD DELIBERATELY WITHHOLD
DAMAGING EVIDENCE ON A SONOGRAM? THAT'S UNCONSCIONABLE TO EVEN
MAKE THAT STATEMENT. THAT'S UNCONSCIONABLE. THAT'S NOT WHAT THESE
PEOPLE DO, AND YOU KNOW THAT'S NOT WHAT THEY DO. THIS IS RIDICULOUS.
THIS IS A HORRIBLE PIECE OF LEGISLATION. ONE OF THE
WORST I'VE SEEN SINCE THE PRO-FULL-TERM ABORTION. I ADAMANTLY URGE ALL
OF MY COLLEAGUES TO VOTE AGAINST THIS. YOU'RE JUST ENABLING
GOVERNMENT TERRORISM TO CHOOSE THE BIG ARM OF THE GOVERNMENT TO GO
AFTER A GROUP OF PEOPLE ESPOUSING THEIR FIRST AMENDMENT RIGHTS THAT
THEY WANT TO SEE WOMEN MAKE A CHOICE AND GIVE THEM THAT CHOICE, THAT
IT'S NOT ONE HUNDRED PERCENT ABORTION. THAT IT MIGHT BE -- THAT THEY
MIGHT WANT TO KEEP A HUMAN LIFE.
THANK YOU, MR. SPEAKER. I'LL BE VOTING NO.
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ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE
NEGATIVE.
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I'M HERE TO
EXPLAIN MY VOTE. I WANT TO APPLAUD THE SPONSOR FOR PUTTING FORWARD A
-- A STEADY BILL THAT TALKS ABOUT WHAT IS HAPPENING IN OUR STATE AND
WHAT IMPACT IT IS HAVING ON NEW YORKERS. THE SAME THING -- YOU
KNOW, WHEN WE -- BEFORE WE BANNED CONVERSION THERAPY WE NEEDED TO
KNOW WHAT WAS GOING ON, AND CLEARLY FOUND OUT IT WAS A PROBLEM IN
NEW YORK STATE. HERE, THIS STUDY IS TRYING TO GET A PORTRAIT OF WHAT'S
HAPPENING IN OUR -- IN OUR JURISDICTION. IT IS CRITICAL THAT WE UNDERSTAND
THE IMPACT THAT THESE CENTERS ARE HAVING ON WOMEN, ESPECIALLY WOMEN
OF COLOR IN OUR COMMUNITY. AND THE IDEA THAT WE ARE -- ARE BEING A
TERRORIST IS BEYOND THE PALE. IT IS -- IT IS GRANDSTANDING BY INDIVIDUALS
WHO HAVE -- WHO HAVE A PHILOSOPHY AND APPROACH WHICH DECIDES FOR
WOMEN HOW THEY SHOULD LIVE AND HOW THEY SHOULD USE THEIR OWN
BODIES. THIS IS ABOUT A WOMAN'S CHOICE. THIS ABOUT INFORMATION FOR A
WOMAN'S CHOICE. PEOPLE WHO DON'T WANT TO HAVE AN ABORTION DON'T
HAVE ONE.
I'M A PROUD COSPONSOR OF THIS BILL. I'M GLAD THAT WE'RE
MOVING FORWARD ON THIS STUDY AND I WANT TO APPLAUD THE SPONSOR AND I
ENCOURAGE MY COLLEAGUES TO VOTE WITH ME. THANK YOU.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MS. SIMON.
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MS. SIMON: THANK YOU. TO EXPLAIN MY VOTE. I
WANT TO COMMEND THE SPONSOR FOR THIS BILL. I BELIEVE THAT WE WILL -- WE
LEARN BY STUDYING THINGS. IF PEOPLE BELIEVE THAT THESE CENTERS ARE NOT
GIVING INACCURATE INFORMATION TO PREGNANT WOMEN OR MISREPRESENTING
THEMSELVES AS BEING MEDICAL FACILITIES THAT THEY CLEARLY ARE NOT, THEY
SHOULD HAVE NO DIFFICULTY WITH STUDYING THOSE -- THOSE CENTERS AND
ENSURING THAT, IN FACT, THOSE CENTERS ARE DOING WHAT THEY ARE ALLOWED TO
DO WITHIN THE LAW AND NOT MISREPRESENTING THEMSELVES. THE PUBLIC IS
HARMED BY ANY ENTITY THAT IS MISREPRESENTING WHAT IT DOES, PARTICULARLY
IN A HEALTHCARE SITUATION. WE KNOW FROM EXPERIENCE FROM THE MANY OF
THESE CENTERS IN AND AROUND MY DISTRICT WHAT THEY'RE DOING AND HOW
THEY MASQUERADE AS CLINICS. THEY ARE NOT CLINICS, AND WE NEED DATA TO
-- TO DEMONSTRATE THAT, AND WE NEED DATA TO HELP US DEVELOP POLICY
GOING FORWARD.
SO I'M IN TOTAL SUPPORT OF THIS BILL. I'M A PROUD
COSPONSOR OF THIS BILL, AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK
YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MS. GLICK.
MS. GLICK: THANK YOU. TO EXPLAIN MY VOTE.
THERE -- IT IS CRITICAL WHETHER A WOMAN WANTS TO CONTINUE WITH A
PREGNANCY OR NOT THAT SHE ACTUALLY BE TALKING TO MEDICAL PERSONNEL AND
NOT PEOPLE WHO ARE INDIVIDUALS WHO ARE SIMPLY EXERCISING THEIR
FREEDOM OF SPEECH. HEALTHCARE AND HEALTHCARE FACILITIES OPERATE UNDER
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STRICT RULES. THESE DO NOT. AND YES, THERE HAVE BEEN COMPLAINTS. BUT
WE WANT TO BE CERTAIN, BECAUSE IF I BROUGHT UP A BILL THAT SAID THEY HAVE
TO DISCLOSE THAT THEY ARE NOT HEALTHCARE FACILITIES, PEOPLE WILL SAY, WELL,
WHERE WAS THERE EVER ANY INFORMATION THAT THEY DIDN'T? SO WE'RE
GOING TO STUDY TO ENSURE THAT THESE ORGANIZATIONS WHO HAVE A RIGHT TO
SAY WHATEVER THEY WANT, BUT THEY DO NOT HAVE A RIGHT TO MISLEAD
WOMEN, AND THEY CERTAINLY DO NOT HAVE A RIGHT TO TRY TO DELAY WOMEN
MAKING DECISIONS BECAUSE IN A PRENATAL SITUATION THEY COULD BE -- IF
SOMEBODY IS AMBIVALENT, THEY COULD BE DELAYING SOMEBODY WHO
ULTIMATELY CHOOSES TO CARRY FORWARD A PREGNANCY BUT HAS A HEALTH
PROBLEM. SO THIS IS ABOUT ENSURING WOMEN'S HEALTH, AND NOT ABOUT
GOVERNMENT TERRORISM AGAINST PEOPLE WHO OPPOSE ABORTION. THE
PEOPLE WHO OPPOSE ABORTION FERVENTLY SOMETIMES ACTUALLY DO ENGAGE
IN TERRORISM. THIS IS NOT TERRORISM.
I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON TO
EXPLAIN HIS VOTE.
MR. BARRON: THANK YOU, MR. SPEAKER. WHAT
REALLY GETS ME EVERY TIME THIS BILL COMES UP, HOW THESE PRO-LIFERS
ALWAYS MENTION THE BLACK AND BROWN COMMUNITIES, SO-CALLED
MINORITIES. I DON'T CALL THEM THAT. THEY ALWAYS BRING US UP BECAUSE
THEY CONCERNED ABOUT US BEFORE WE'RE BORN. AFTER WE'RE BORN WE CAN'T
GET YOU TO PASS LEGISLATION TO MAKE SURE THAT WE GET A REAL WAGE, A
LIVING WAGE, MINIMUM WAGE. AFTER WE'RE BORN WE CAN'T EVEN GET YOU
TO YOU PASS LEGISLATION THAT STOPS POLICE FROM KILLING US BEFORE WE GET A
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REAL START IN LIFE. AFTER WE'RE BORN WE CAN'T EVEN GET YOU TO SAY NO TO
THE INSURANCE COMPANIES THAT ARE RIPPING US OFF SO WE CAN HAVE BETTER
HEALTHCARE SO WE CAN HAVE A BETTER LIFE. YOU'RE NOT PRO-LIFE. YOU
CERTAINLY AIN'T PRO-BLACK-LIFE AFTER WE'RE BORN. BUT BEFORE WE'RE BORN
YOU THROW US INTO THE MIX AS THOUGH YOU CARE. IF YOU'RE GOING TO HAVE
AN HONEST DEBATE ON THIS, THEN KEEP IT WHERE IT BELONGS, YOUR BELIEFS,
BECAUSE YOU DON'T GIVE A DAMN ABOUT ANY BLACK PEOPLE TO THE POINT
WHERE YOU NEED TO BE BRINGING US UP IN THIS AS THOUGH YOU CARE ABOUT
OUR LIVES. BECAUSE I'VE SEEN THE STUFF THAT YOU'VE VOTED AGAINST UP HERE
THAT DIAMETRICALLY OPPOSE TO EVERYTHING WE BRING UP THAT'LL HELP BLACK
LIFE, BROWN LIFE, OUR BABIES, YOU VOTE AGAINST. YOU'RE A HYPOCRITE.
AND THIS IS A SIMPLE BILL. INFORMATION SO THAT NO WOMAN SHOULD BE LIED
TO OR GIVEN ANY FALSE INFORMATION BASED UPON A VERY IMPORTANT CHOICE
ABOUT HER HEALTH. THIS IS A WOMAN'S CHOICE AND IT SHOULD BE BASED
UPON INFORMATION GIVEN TO HER THAT IS ACCURATE. AND THIS IS A GOOD BILL
TO ASSURE THAT THAT HAPPENS. NO MATTER WHAT SIDE YOU COME DOWN ON
THE ISSUE, THE INFORMATION HAS TO BE --
(BUZZER SOUNDING)
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE AND ENCOURAGE
COLLEAGUES TO SPEAK TO THE BILL AND NOT TO PEOPLE WHO SPOKE BEFORE
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THEM. WE'RE IN A LEGISLATIVE BODY THAT HAS PEOPLE WHO COME FROM
URBAN AREAS, RURAL AREAS, SUBURBAN AREAS, SOMETIMES A COMBINATION OF
ALL OF THAT. DIFFERENT PARTY BELIEFS AND DIFFERENT BELIEFS ON HOW WOMEN
AND/OR PEOPLE OF COLOR SHOULD TAKE CARE OF THEIR BODY. YOU FOLKS ARE
ENTITLED TO THOSE OPINIONS. WE SHOULD, THOUGH, MAKE SURE THAT WE KEEP
OUR DEBATE ABOUT NOT WHO SAID WHAT, BUT WHAT OUR OPINION IS. WHAT
WE THINK. THOSE ARE THE WAY -- THAT'S THE WAY WE GET A DEBATE THAT
DOESN'T HAVE PEOPLE WANTING TO GO AT EACH OTHER BECAUSE WE HAVE A
DIFFERENCE. AND SO I'M -- I'M JUST ASKING IF WE COULD KEEP IT AT THAT
LEVEL. AND BY THE WAY, AS AN AFRICAN-AMERICAN WOMAN, I DON'T
CHOOSE AN ABORTION. BUT I DON'T THINK IT'S MY RIGHT TO TELL ANY OTHER
WOMAN WHAT SHE AND HER DOCTOR SHOULD CHOOSE. AND SO BECAUSE OF
THAT REASON I WILL SUPPORT ANYBODY HAVING ACCESS TO THE KIND OF
HEALTHCARE THAT THEY DESERVE.
I'M PLEASED TO VOTE IN FAVOR OF THIS PIECE OF LEGISLATION
AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05411, CALENDAR NO.
331, THIELE, WALKER. AN ACT TO AMEND THE INDIAN LAW, IN RELATION TO
THE STATE RECOGNITION AND ACKNOWLEDGEMENT OF THE MONTAUKETT
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NYS ASSEMBLY JULY 21, 2020
INDIANS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 331. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A07759-C, CALENDAR
NO. 358, PAULIN, BUCHWALD, OTIS, FAHY. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO REQUIRING STIR/SHAKEN AUTHENTICATION
FRAMEWORK.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: YES. THE BILL WOULD REQUIRE
PROVIDERS OF VOICE SERVICE TO IMPLEMENT THE STIR/SHAKEN
AUTHENTICATION FRAMEWORK IN THEIR NETWORKS.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
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MS. PAULIN: I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. RA: THANK YOU. AND, YOU KNOW, FOR -- FOR MY
COLLEAGUES, I -- I KNOW THAT THIS IS A -- THIS TECHNOLOGY, STIR/
SHAKEN, WE ARE NOT DEBATING ABOUT JAMES BOND OR MARTINIS HERE, IT'S
ACTUALLY A TECHNOLOGICAL ISSUE THAT RELATES TO PHONES AND -- AND
PARTICULARLY TRYING TO GET AT A PROBLEM I THINK WE'RE ALL VERY FAMILIAR
WITH, AND THAT'S, YOU KNOW, THESE ROBO CALLS WE GET ON OUR CELL PHONES,
YOU KNOW, THAT ARE KIND OF SPAM, THAT MASK THEIR TRUE ORIGIN SO IT LOOKS
LIKE IT'S, YOU KNOW, A CELL PHONE NUMBER FROM YOUR LOCAL COMMUNITY
AND IT ENDS UP BEING, YOU KNOW, SOME TYPE OF SPAM CALL THAT, YOU
KNOW, HAVE BECOME AT THE VERY LEAST ANNOYING BUT REALLY A WASTE OF A
LOT OF OUR TIME. SO I -- I COMMEND YOU FOR WORKING ON THE ISSUE. WE
WERE JUST WONDERING IF YOU COULD WALK ME THROUGH A LITTLE BIT IN TERMS
OF WHO IS REQUIRED TO IMPLEMENT THIS TECHNOLOGY UNDER THIS BILL? AND
THEN JUST REALLY THE INTERPLAY BETWEEN THIS REQUIREMENT WE'D BE PUTTING
INTO NEW YORK STATE LAW AND WHAT WAS ANNOUNCED BY THE FEDERAL
GOVERNMENT THAT NEEDS TO BE IMPLEMENTED BY -- BY THE END OF NEXT
JUNE. SO, IN TERMS OF THE PROVIDERS, IS IT JUST, YOU KNOW, THE CELL PHONE
COMPANIES, LAND LINE COMPANIES? WHO WOULD BE REQUIRED TO
IMPLEMENT THIS TECHNOLOGY?
MS. PAULIN: WELL, AS YOU SAY, YOU KNOW, THE FCC,
THROUGH REGULATION, HAS ALREADY REQUIRED THIS TECHNOLOGY BE -- THIS
TECHNOLOGY TO BE -- TO BE -- TO BE INCORPORATED INTO THE
TELECOMMUNICATION UTILITY COMPANIES, AND THE -- THE DIFFERENCES I THINK
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ARE THE ONES THAT, YOU KNOW, WE REALLY WANT TO TALK ABOUT HERE. SO
WHAT THE FCC HAS DONE IS THEY BASICALLY SAY THE STARTING
COMMUNICATIONS COMPANY AND THE ENDING ONE. THE STARTING ONE -- YOU
KNOW, ASSUMING THAT WE HAVE SOME JURISDICTION OVER IT -- NEEDS TO
INCORPORATE STIR/SHAKEN. WHAT THEY DON'T SAY IS THE INTERMEDIARY
ONES HAVE TO. SO IF A CALL STARTS OVERSEAS AND ENDS IN NEW YORK, ALL OF
THE TELECOMMUNICATIONS COMPANIES IN BETWEEN ARE NOT REQUIRED TO USE
STIR/SHAKEN OR HAVE STIR/SHAKEN. AND THOSE ARE THE ONES,
FRANKLY, THAT ARE MOST LIKELY TO BE ROBO CALLS. SO BY -- BY ADDING OR BY
ENFORCING OR PUTTING THIS IN OUR STATUTE, WE'RE NOW REQUIRING ALL OF
THOSE INTERMEDIARY COMPANIES TO ALSO USE THE TECHNOLOGY, AND,
THEREFORE, WE'RE MUCH MORE LIKELY TO STOP THE ROBO CALLS TO US IN -- TO
US NEW YORKERS.
THE OTHER THING THAT THE BILL DOES THAT -- THAT THE
FEDERAL GOVERNMENT REALLY CAN'T DO IS TO -- TO HAVE AN ENFORCEMENT
ELEMENT. YOU KNOW, THERE WAS AN AGREEMENT THAT THE ATTORNEY
GENERAL IN NEW YORK MADE WITH SEVERAL TELECOMMUNICATION
COMPANIES TO -- TO USE STIR/SHAKEN, AND -- BUT WITHOUT THE TEETH OF
THIS BILL, THERE'S NO ENFORCEMENT PROVISION FOR THE ATTORNEY GENERAL.
SO THIS WAY THERE'S AN ENFORCEMENT ON THE VERY AGREEMENT THAT HAS
ALREADY BEEN MADE BETWEEN TELECOMMUNICATIONS COMPANIES AND THE
ATTORNEY GENERAL, AND WE REQUIRE ALL TELECOMMUNICATION COMPANIES
THROUGHOUT THE ROUTE OF THE CALL TO HAVE THE SAME TECHNOLOGY. THIS BILL
IS NOT OBJECTED TO BY ANY OF THE TELECOMMUNICATIONS COMPANIES THAT
HAVE -- THAT -- THAT WE KNOW OF. WE HAVE NO NEGATIVE MEMOS FROM
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THEM. AND BECAUSE I THINK AT THIS POINT WE RECOGNIZE THAT THIS IS THE
TECHNOLOGY THAT IS GOING TO SAVE US ALL FROM THOSE REPEATED, ANNOYING
REPETITIVE CALLS.
MR. RA: YES. AND I -- I THINK, YOU KNOW, THAT IS
CERTAINLY A GOAL I THINK WE ALL -- WE ALL SHARE. AND WHETHER IT'S
WORKING AT THE FEDERAL LEVEL, THE STATE LEVEL. AND I KNOW EVEN WITHIN
THE TELECOMMUNICATIONS COMPANIES, YOU KNOW, MANY OF THEM HAVE
PARTNERED AND TRIED TO COME TOGETHER TO FIND WAYS TO ADDRESS THIS ISSUE
BECAUSE I -- I THINK ANYBODY WHO'S PROVIDING SOMEBODY A SERVICE
WOULD LIKE TO, YOU KNOW, PROTECT THEM FROM -- FROM SOMETHING THAT'S
AN ANNOYANCE AND INTERFERES WITH THEIR, YOU KNOW, USE AND ENJOYMENT
OF -- OF THEIR PRODUCT. SO -- SO I THINK THAT CERTAINLY IS A -- IS A VERY
IMPORTANT THING. SO, YOU KNOW, THIS DOESN'T, THEN, REALLY INTERFERE WITH
WHAT THE FEDERAL GOVERNMENT'S DOING IN THAT THE FEDERAL GOVERNMENT'S
CONCENTRATING ON THE FRONT END OF IT, AND LIKE YOU SAID, I MEAN, THE
PROBLEM THERE, OBVIOUSLY, IS IT COULD BECOMING FROM OVERSEAS. JUST
LIKE, YOU KNOW, WE COULD HAVE THE ISSUE IN NEW YORK STATE THAT
SOMETHING MAYBE IS ORIGINATING OUTSIDE OF OUR -- OUR BORDERS. BUT
TRYING TO GET AT THE ISSUE, I THINK -- I THINK IS A GOOD THING IN THAT
REGARD. BUT ONE -- ONE OF THE OTHER QUESTIONS, I KNOW -- SO THERE WAS A
-- I KNOW PREVIOUSLY THERE WAS A VERSION OF THIS BILL THAT HAD BASICALLY
A FUNDING MECHANISM WITHIN THE PSC THAT IS NOT IN THIS VERSION OF IT.
IS THERE ANY CONTEMPLATION OF WHETHER THERE IS GOING TO BE COSTS TO THE
PSC TO -- TO IMPLEMENT AND ENFORCE THIS? BECAUSE AS YOU SAID, I THINK
THE ENFORCEMENT IS OBVIOUSLY GOING TO BE A MAJOR PIECE OF THIS. I THINK
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WE'D ALL LOVE TO BE ABLE TO GO TO OUR CONSTITUENTS AND SAY, YES, WE
FINALLY ARE GETTING AT THIS PROBLEM. BUT IF THEY KEEP GETTING THE CALLS
THEY'RE GOING TO SAY, HEY, WHAT'S GOING ON? IS IT NOT BEING ENFORCED OR
-- OR ARE YOU GOING TO DO SOMETHING ELSE BECAUSE IT'S NOT WORKING.
MS. PAULIN: SO THE -- THE BILL WAS AMENDED.
ORIGINALLY WE DID GIVE THE OVERSIGHT TO THE PUBLIC SERVICE
COMMISSION, BUT WE WERE ASKED BY BOTH THE ATTORNEY GENERAL'S OFFICE,
WHO WANTED TO BE ABLE TO ENFORCE HER OWN ORDER, AND THE PSC. AND
WE DECIDED -- WE SPOKE TO BOTH AND WE DECIDED THAT IT WAS BETTER THAT
THE ENFORCEMENT WAS THROUGH THE ATTORNEY GENERAL'S OFFICE. THEY
HAVE NOT BECAUSE OF THE ORDER. AND THEY DID NOT REQUIRE OR DID NOT ASK
FOR ADDITIONAL FUNDING TO DO THAT, SO WE HAVE ALL EXPECTATION THAT
THEY'RE GOING TO DO A GREAT JOB AND ENFORCE THE VERY ORDER THAT THEY
COOPERATIVELY AGREED TO WITH THE -- WITH THE TELECOMMUNICATIONS
COMPANIES.
MR. RA: OKAY. AND THEN JUST IN TERMS OF THAT, YOU
KNOW, ENFORCEMENT SIDE OF IT, SO I KNOW IT PROVIDES FOR A -- A PENALTY
NOT LESS THAN $10,000, NOT MORE THAN $100,000. BUT THAT'S FOR -- IF A
COMPANY BASICALLY KNOWINGLY DOES NOT IMPLEMENT THIS TECHNOLOGY.
MS. PAULIN: ABSOLUTELY.
MR. RA: OKAY. I -- I GUESS THE -- THE LAST THING I
WANTED TO JUST ASK ABOUT, YOU KNOW, I -- I MENTIONED THE FEDERAL SIDE
OF IT. I THINK THEY'RE -- THEY'RE IMPLEMENTING THEIR NEW REQUIREMENTS
THAT THEY ANNOUNCED AT THE END OF MARCH BY JUNE 30TH OF 2021. WHEN
WILL THE, YOU KNOW, THESE INTERMEDIARY COMPANIES BE REQUIRED TO HAVE
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THIS TECHNOLOGY IN NEW YORK STATE?
MS. PAULIN: SO LET ME JUST LOOK AT THE ENACTMENT
CLAUSE. SO WELL, IT'S SUBJECT TO REGULATION, RIGHT, SO -- SO WE -- YOU
KNOW, SO I WOULD ASSUME AS SOON AS THAT'S ALL SETTLED THAT WOULD BE --
THAT'S WHEN IT WOULD BE IMPLEMENTED.
MR. RA: OKAY. AND, I MEAN, THEY WOULD THEN
OBVIOUSLY BE GOING THROUGH, YOU KNOW, A RULE-MAKING PROCESS THAT I
THINK WE'RE ALL SOMEWHAT FAMILIAR WITH WHICH WOULD GIVE, HOPEFULLY,
AMPLE, YOU KNOW, NOTICE TO THE COMPANIES, BUT I THINK ALSO, YOU KNOW,
AN OPPORTUNITY FOR THEM TO WEIGH IN ON THIS WITH THAT. I -- HOPEFULLY --
AND -- AND, YOU KNOW, I TRUST THAT THERE'S SOME LEVEL OF EXPERTISE WITHIN
THE PSC AND -- AND OUR AGENCIES, BUT IT IS OBVIOUSLY A TECHNOLOGICAL,
YOU KNOW, ENDEAVOR AND I -- AND I THINK THAT GETTING INFORMATION FROM
THE COMPANIES THAT DEAL IN TECHNOLOGY I THINK WILL BE HELPFUL TO THE
RULE-MAKING PROCESS.
MS. PAULIN: YEAH. THE GOAL IS TO REALLY NOT MAKE
THIS HARDER. I MEAN, THE GOAL IS TO WORK WITH THE COMPANIES SO THAT, AS
THEY DESCRIBED TO US, THE ENTIRE CHAIN NEEDS TO HAVE THE TECHNOLOGY FOR
IT TO BE EFFECTIVE. SO THAT'S THE -- THAT'S REALLY THE GOAL, SO THAT ALL OF
THEM WOULD HAVE IT. THERE'S A LOT OF VERY SMALL COMPANIES THAT MIGHT
ACCEPT SOME, LET'S SAY, YOU KNOW, INAPPROPRIATE CALLER -- STARTING CALLS
THAT WE WANT TO BE ABLE TO STOP. SO, YOU KNOW, BUT THE -- THE IDEA IS
THAT ALL COMPANIES IN NEW YORK WHO ARE PROVIDING CALLS TO NEW YORK
WOULD HAVE THIS TECHNOLOGY WOULD BE ABLE TO STOP THOSE ANNOYING ROBO
CALLS, TO HAVE THE AG BE ABLE TO ENFORCE HER OWN ORDER, AND -- AND --
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AND TO WORK ALONGSIDE WHAT THE FCC IS ALREADY REQUIRING.
MR. RA: THANK YOU VERY MUCH, MS. PAULIN.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: JUST BRIEFLY. YOU KNOW, I THANK THE
SPONSOR FOR ANSWERING THE QUESTIONS. IT IS A BIT OF A TECHNOLOGICAL
ISSUE, BUT LIKE I SAID, IT'S A PROBLEM WE ARE ALL FAMILIAR WITH, OUR
CONSTITUENTS ARE ALL FAMILIAR WITH. AND I CERTAINLY HAVE GOTTEN MY
SHARE OF CONSTITUENT CALLS, ASKING, YOU KNOW, WHAT WE ARE DOING AND
WHAT WE CAN DO TO GET AT -- TO GET AT THIS PROBLEM. I -- I THINK IT'S --
UNFORTUNATELY EVERY TIME WE DEAL WITH TECHNOLOGY THERE'S ALWAYS, YOU
KNOW, A NEED TO CONTINUE INNOVATING BECAUSE PEOPLE WHO -- YOU DON'T
WANT TO DO THE WRONG THING OR THEY'RE GOING TO KEEP COMING UP WITH
WAYS TO CIRCUMVENT THINGS WE DO AS WELL. BUT -- BUT I'M HOPEFUL THIS --
YOU KNOW, TECHNOLOGY LIKE THIS AND THE ACTIONS AT THE FEDERAL LEVEL AND
ACTIONS AT THE STATE LEVEL WILL GET US TO THE POINT THAT, YOU KNOW, WE
CANNOT ONLY HOPEFULLY INTERCEPT SOME OF THESE CALLS, BUT, YOU KNOW,
HAVE -- WHETHER IT'S THE ATTORNEY GENERAL'S OFFICE AND -- AND LEVELS OF
LAW ENFORCEMENT, THE FCC, BE ABLE TO ALSO IDENTIFY BAD ACTORS WHO ARE
USING THESE BASICALLY SPOOFING MECHANISMS TO TRICK PEOPLE INTO
ANSWERING THEIR PHONE CALLS. AND, YOU KNOW, POTENTIALLY, LIKE I SAID,
YOU KNOW, AT BEST IT'S AN -- AN ANNOYANCE, BUT IT COULD ALSO, YOU KNOW,
OPEN PEOPLE TO BEING VICTIMS OF SCAMS AND -- AND THINGS OF THAT NATURE.
SO, YOU KNOW, PROTECTING THE -- THE CONSUMERS IS -- IS PARAMOUNT HERE.
SO THANK YOU VERY MUCH TO THE SPONSOR.
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ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 358. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD YOU PLEASE
RECORD ASSEMBLYMEMBER FRIEND AS A FRIENDLY NO VOTE.
ACTING SPEAKER AUBRY: SO NOTED. HA HA HA.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02885, CALENDAR NO.
391, ABINANTI. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
NOTIFYING LOCAL OFFICIALS OF THE OCCURRENCE OF CERTAIN EMERGENCY
SITUATIONS.
ACTING SPEAKER AUBRY: MR. GOODELL ON THE
BILL.
MR. GOODELL: THANK YOU VERY MUCH, SIR. THIS
BILL IS QUITE STRAIGHTFORWARD. AND IT PROVIDES THAT IN AN EMERGENCY
WHERE THERE'S AN IMMINENT IMPERILMENT TO THE PUBLIC HEALTH OR SAFETY,
THE COUNTY HEALTH COMMISSIONER MUST BE IMMEDIATELY NOTIFYING
SEVERAL POLITICIANS. AND IN PARTICULAR, THE CHIEF EXECUTIVE OFFICER OF
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EVERY MUNICIPALITY THAT MIGHT BE AFFECTED AND EACH MEMBER OF THE
LEGISLATIVE BODY AT THE COUNTY AND PERHAPS A NEIGHBORING COUNTY. AND
AS A POLITICIAN, I -- I APPRECIATE BEING NOTIFIED. HOWEVER, I ALSO
RECOGNIZE THAT IF WE'RE IN AN EMERGENCY SITUATION WHERE THERE'S AN
IMMINENT IMPERILMENT TO PUBLIC HEALTH AND SAFETY, THE FIRST AND
FOREMOST PRIORITY OF THE COUNTY HEALTH COMMISSIONER OUGHT TO BE
FOCUSING ON THAT EMERGENCY. AND SO I WOULD HOPE THAT THEY WOULD
IMMEDIATELY CONTACT THE APPROPRIATE FIRST RESPONDERS, THAT THEY WOULD
IMPLEMENT THEIR EMERGENCY DISASTER PREPAREDNESS PLANS, THOSE
(UNINTELLIGIBLE) APPROPRIATE FIRE COORDINATORS AND THEIR EMERGENCY
PERSONNEL, AND NOT BE UNDER A STATUTORY OBLIGATION TO IMMEDIATELY
NOTIFY POLITICIANS. IN MY COUNTY WE WERE VERY, VERY FORTUNATE TO HAVE
AN INCREDIBLE GROUP OF EMERGENCY RESPONDERS WITH A WELL-DEVELOPED
DISASTER COORDINATION PLAN IN PLACE. AND WHEN I WAS COUNTY
EXECUTIVE WE ACTUALLY HAD A DISASTER. WE HAD A -- A HORRIFIC TIRE FIRE, IT
WAS A TIRE DUMP. AND THEY IMPLEMENTED THEIR EMERGENCY PLANNING
AND EVENTUALLY THEY NOTIFIED ME. BUT I WAS SO THANKFUL THAT THEY FIRST
NOTIFIED EVERYONE ELSE. AND WHILE I APPRECIATE THE DESIRE OF MY
COLLEAGUE TO BE NOTIFIED IN THIS OCCURRENCE, I THINK WE SHOULD NOT
BURDEN OUR COUNTY HEALTH OFFICIALS WITH THAT ADDITIONAL NOTIFICATION
REQUIREMENT AND LEAVE IT TO THE DISCRETION OF THE COUNTY BOARD OF HEALTH
AND THE COUNTY LEGISLATURE IF THEY FEEL ADDITIONAL NOTIFICATION IS
APPROPRIATE.
AND ONE LAST COMMENT. WE HAVE SOME GREAT COUNTIES
THAT HAVE HUNDREDS OF THOUSANDS OF RESIDENTS AND A HEALTH
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COMMISSIONER WITH A LOT OF STAFF MEMBERS. BUT WE ALSO HAVE VERY,
VERY SMALL COUNTIES WHERE THE HEALTH COMMISSIONER HAS VERY FEW STAFF.
AND WE NEED TO REFLECT AND RECOGNIZE THAT THE SITUATION IN DIFFERENT
COUNTIES CAN BE VERY, VERY DIFFERENT. AND IN MY COUNTY, WHICH IS
RURAL, WE DON'T HAVE DEEP STAFF WHO CAN BE ASSIGNED TO NOTIFY ALL THE
POLITICIANS. AND SO WE WANT TO HAVE THAT FLEXIBILITY ON THE LOCAL LEVEL
TO DECIDE HOW BEST TO RESPOND TO AN EMERGENCY RATHER THAN A STATEWIDE
LAW, AS THIS IS SUGGESTING.
THANK YOU VERY MUCH, SIR. AND I WILL BE VOTING NO
AND I KNOW SEVERAL OF MY COLLEAGUES HAVE IN THE PAST AND I EXPECT THEY
MIGHT AS WELL THIS YEAR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 391. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CAUCUS WILL GENERALLY BE VOTING NO ON THIS BILL. IF THERE ARE MEMBERS
THAT WOULD LIKE TO VOTE IN FAVOR OF THE BILL, PLEASE CONTACT THE MINORITY
LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
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NYS ASSEMBLY JULY 21, 2020
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE. COLLEAGUES WISHING
TO DEFER FROM THAT AND VOTE NEGATIVE SHOULD CONTACT THE OFFICE AND WE
WILL BE HAPPY TO RECORD THEIR VOTE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. ABINANTI TO EXPLAIN HIS VOTE.
MR. ABINANTI: THANK YOU, MR. SPEAKER. THIS
LEGISLATION REQUIRES THE LOCAL HEALTH COMMISSIONER IN A CASE OF AN
IMMINENT IMPERILMENT TO THE PUBLIC HEALTH AND SAFETY TO NOTIFY, WHERE
HE DEEMS IT APPROPRIATE, TO GIVE NOTICE SOME ADDITIONAL PEOPLE TO
MAKE SURE THAT LOCAL PUBLIC OFFICIALS KNOW WHAT'S GOING ON WITHIN THEIR
JURISDICTION. THIS CAME ABOUT IN WESTCHESTER COUNTY WHERE MANY
YEARS AGO A MAYOR COMPLAINED TO ME THAT THERE WAS SEWAGE RUNNING
DOWN THE CENTER OF HER STREET, AND A NEIGHBOR CALLED AND SAID, WHY IS
THERE SEWAGE COMING OUT OF A MANHOLE RUNNING DOWN THE STREET? THE
HEALTH COMMISSIONER NEGLECTED TO TELL THE MAYOR, WHO CONTROLS THE
POLICE DEPARTMENT, THE PUBLIC WORKS DEPARTMENT, AND WOULD NOTIFY THE
VOLUNTEER FIRE DEPARTMENT TO BE OUT ON THE SCENE. THE PUBLIC HEALTH
COMMISSIONER OF THE COUNTY OF WESTCHESTER WENT STRAIGHT TO HAVING
THE PROBLEM FIXED, BUT NEVER THOUGHT OF TELLING THE LOCAL OFFICIALS,
THINKING THEY WERE SUPERFLUOUS. AND I'VE HEARD OTHER STORIES WHERE
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THIS HAS HAPPENED. WE'RE ANTICIPATING THE TYPE OF SITUATION WHERE
THERE COULD BE A TRAIN WRECK, WHERE THE TRAIN HAS HAZARDOUS MATERIALS.
AND THE HEALTH COMMISSIONER, RIGHTFULLY, WILL BE NOTIFYING VARIOUS
PEOPLE. WE WANT TO MAKE SURE THAT INCLUDED IN THAT LIST OF PEOPLE IS
THE NEIGHBORING HEALTH COMMISSIONER, IF IT'S GOING TO AFFECT THE
NEIGHBORING COUNTY. THE LOCAL MAYOR, AND MAYBE EVEN THE LOCALLY-
ELECTED COUNTY LEGISLATOR OR STATE ASSEMBLYMEMBER IF THEY ARE
RELEVANT. WE'RE NOT TALKING ABOUT NOTIFYING EVERYBODY IN THE COUNTY.
BUT EVEN IN WESTCHESTER COUNTY WHERE WE HAVE FULL-TIME
GOVERNMENTS, WE HAVE LOCALLY-ELECTED OFFICIALS WHO ARE HANDS ON.
WHO ARE, QUOTE, DEPARTMENT LIAISONS AND THEY FUNCTION AS -- AS
DEPARTMENT HEADS. THEY'RE THE ONES WHO BELONG TO THE VOLUNTEER FIRE
DEPARTMENT, TO THE AMBULANCE CORPS, WHO RESPOND TO MAKE SURE THAT
THE COMMUNITY IS MOBILIZED. AND IF THERE IS A NEED FOR AN EVACUATION,
THEY'RE THE ONES WHO GIVE THE ORDERS TO EVACUATE. THEY'RE THE ONES
WHO GIVE THE ORDERS TO SHELTER IN PLACE. SO WE JUST WANT TO MAKE SURE
THAT IN THIS DAY AND AGE WHERE WE HAVE ALL KINDS OF MEANS OF
COMMUNICATIONS AVAILABLE TO US THAT THE HEALTH COMMISSIONER INCLUDES
IN HIS OR HER RESPONSE PLAN ALL OF THE LOCALLY-ELECTED OFFICIALS WHO NEED
TO BE NOTIFIED.
WE'VE PASSED THIS LEGISLATION BEFORE. I THINK IT'S VERY
GOOD LEGISLATION, I ASK MY COLLEAGUES TO SUPPORT IT. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
ABINANTI IN THE AFFIRMATIVE.
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MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MS.
MILLER AS AN AFFIRMATIVE VOTE ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03327, CALENDAR NO.
401, DILAN, JEAN-PIERRE, M.G. MILLER, FERNANDEZ, SMULLEN, DESTEFANO,
BUTTENSCHON, COOK, ORTIZ, HYNDMAN, DICKENS, COLTON, GOTTFRIED,
MORINELLO, BLAKE, SEAWRIGHT, LAWRENCE, PICHARDO, NIOU. AN ACT TO
AMEND THE PUBLIC SERVICE LAW, IN RELATION TO THE EXPIRATION OF MINUTES
PURCHASED WITH PREPAID CELLULAR TELEPHONE CARDS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DILAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MR. DILAN.
MR. DILAN: YES. THIS BILL WOULD REQUIRE THAT
PREPAID CELLULAR TELEPHONE CARDS -- OR EXCUSE ME, NOT CELLULAR, PREPAID
CELLULAR TELEPHONE CARDS HAVE AN EXPIRATION DATE OF THE MINUTES
PURCHASED ON THE PRINTED CARD IN CONSPICUOUS PRINT, WHICH IS DEFINED
AS THE FONT AT LEAST TWO TIMES LARGER THAN ANY OTHER PRINT ON THE -- PRINT
-- PRINTED ON SUCH CARD AND IN BOLDFACE PRINT THAT IS AT LEAST 10-POINT
SIZE.
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NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: MR. GARBARINO.
MR. GARBARINO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MR. DILAN, WILL YOU
YIELD?
MR. DILAN: ALWAYS FOR A GOOD FRIEND. AND BEFORE
WE GET INTO THAT, I -- I WILL SAY THAT I WILL PERSONALLY MISS YOU AND WISH
YOU WELL IN YOUR FUTURE, WHATEVER THAT MAY HOLD FOR YOU.
MR. GARBARINO: THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. DILAN YIELDS, MR.
GARBARINO. GRACIOUSLY, I MUST SAY.
MR. GARBARINO: THAT'S VERY NICE. MY DAD
DOESN'T EVEN TALK TO ME THAT NICE. THANK YOU VERY MUCH, MR. DILAN. I
DO HAVE A COUPLE OF QUESTIONS. THIS IS BEING ADDED TO -- OR THIS SECTION
IS BEING ADDED TO THE PUBLIC SERVICE LAW THAT DEALS WITH PREPAID
TELEPHONE CARDS, CORRECT?
MR. DILAN: YES.
MR. GARBARINO: NOW, I UNDERSTAND PUBLIC
SERVICE LAW HAS CONTROL AND OVERSIGHT OF -- JURISDICTION OVER LAND LINES
IN -- IN NEW YORK. DON'T -- THIS SECTION THAT YOU'RE ADDING DEALS WITH
WIRELESS. AREN'T WE PREEMPTED BY FEDERAL LAW HERE?
MR. DILAN: WELL, NO. IT'S PHONE CARDS, NOT
WIRELESS. AND IT'S ESTABLISHED IN -- IN 92(F) THAT WE -- YOU KNOW, WE
HAVE THE RIGHT TO DO THIS BUT THIS DOES NOT TOUCH WIRELESS. IT'S A -- IT'S A
PREPAID CELLULAR PHONE CARD. BUT THESE ARE THE CARDS. IT'S NOT LIKE A
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NYS ASSEMBLY JULY 21, 2020
WIRELESS PHONE, PER SE, IT'S FOR PHONE CARDS.
MR. GARBARINO: OKAY. ALL RIGHT. THEN MY
QUESTION IS, SOME OF THESE CARDS, OR AT LEAST THESE MINUTES, DON'T
ACTIVATE -- YOU KNOW, THEY HAVE AN EXPIRATION ON THEM BUT THEY DON'T
ACTIVATE UNTIL THE CARD IS ACTIVATED. SO, HOW CAN THE COMPANY PRINT AN
EXPIRATION DATE ON THE CARD IF -- IF IT DOESN'T -- IF THERE'S NO DEFINITIVE
DATE? LIKE EARLIER UNDER -- UNDER SECTION E OF THE SAME -- OF THE SAME
CHAPTER -- FOR REGULAR CARDS, NOT CELLULAR CARDS -- IT SAYS ANY EXPIRATION
DATE OR EXPIRATION POLICY. YOUR SECTION ONLY SAYS EXPIRATION DATE.
MR. DILAN: YEAH. WELL, WE'RE NOT CHANGING THAT
SECTION OF THE LAW. THE ONLY THING THAT WE'RE SEEKING TO DO IS ASK THEM
TO DO IT IN CONSPICUOUS PRINT WHERE IT'S CLEAR TO THE CONSUMER OF WHEN
SUCH EXPIRATION DATE IS. RIGHT NOW IT'S DONE IN VERY LEGALESE FINE PRINT,
AND THE AVERAGE CONSUMER DOESN'T UNDERSTAND THAT BECAUSE IT'S WRITTEN
SO SMALL WHEN THEY PURCHASE THE CARD. SO WE -- WE AT LEAST WANT THAT
PRINT, WHICH THEY'RE ALREADY REQUIRED TO DO UNDER THIS SECTION, TO BE IN
BOLDFACE AND SLIGHTLY LARGER THAN ANY OTHER LEGAL PRINT.
MR. GARBARINO: SO MY -- ALL RIGHT, SO IS IT -- ARE
YOU SAYING IT'S -- IT'S YOUR INTENT HERE THAT, YOU KNOW, THE CARD COULD
SAY -- THEY DON'T HAVE TO SAY THE EXPIRATION DATE IS DECEMBER 31ST, THEY
COULD SAY EXPIRATION DATE IS ONE YEAR FROM THE DATE OF ACTIVATION?
MR. DILAN: WELL, HOW THEY DEAL -- THAT -- THAT'S
DEALT WITH -- SO THIS SPECIFIC BILL DOESN'T DEAL WITH THAT. THAT'S DEALT
WITH IN THE SECTION THAT WAS PASSED IN -- IN 1999. SO WE DON'T TOUCH
THAT. THE ONLY THING WE -- WE REALLY TOUCH HERE IS WE WANT THE
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COMPANIES TO MAKE IT EVIDENTLY CLEAR TO THE CONSUMER WHO IS GOING TO
BE PURCHASING THE CARD THAT THE EXPIRATION DATE, WHICH THEY'RE ALREADY
REQUIRED TO HAVE IN THAT SECTION, IS LARGER, AT LEAST 10-POINT SIZE AND IN
BOLD.
MR. GARBARINO: SO, AN EXPIRATION DATE, IF THERE'S
AN ACTUAL EXPIRATION DATE, OR IF THERE IS -- IT'S NOT A SPECIFIC DATE BUT A,
YOU KNOW, A TIME PERIOD SAYING A YEAR FROM ACTIVATION, EITHER ONE OF
THOSE WOULD WORK AS LONG AS IT FOLLOWS THE SIZE OF PRINT?
MR. DILAN: I -- I BELIEVE SO, AND THAT'S DEALT WITH IN
THE OTHER PARTS OF THE EXISTING STATUTE. BUT THIS -- THIS -- THIS
AMENDMENT THAT I'M LOOKING TO DO DOESN'T DEAL WITH THAT. IT JUST DEALS
WITH THE SIZE AND -- AND BOLDNESS OF FONT.
MR. GARBARINO: OKAY. I APPRECIATE YOUR
ANSWERS, MR. DILAN. THANK YOU VERY MUCH.
MR. DILAN: THANK YOU.
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 ON CALENDAR NO. 401. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
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NYS ASSEMBLY JULY 21, 2020
RECORD MR. DIPIETRO AS A NO ON THIS VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THIS IS REALLY PROGRESS.
IN FACT, WE HAVE SOME -- A COUPLE OF BILLS WE ARE GOING TO TAKE ON
CONSENT OFF THE DEBATE LIST. THESE ARE CALENDAR NO. 473 BY MR.
O'DONNELL, 475 BY MR. O'DONNELL, AND 479 BY MS. ROZIC. AND THEN
WE'RE GOING TO GO TO RULES REPORT NO. 73 BY MR. FALL -- 173, I'M SORRY,
MR. SPEAKER. RULES REPORT NO. 173, MR. FALL.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05240-A, CALENDAR
NO. 473, O'DONNELL, DICKENS, MOSLEY, JAFFEE, ORTIZ, BLAKE, THIELE,
SIMON, GALEF, ARROYO, GLICK, WALLACE, HEVESI, ABINANTI, D'URSO,
QUART, CUSICK, HYNDMAN, DE LA ROSA, PICHARDO, LIFTON, BRONSON,
SEAWRIGHT, STECK, RIVERA, NIOU, ROZIC, SIMOTAS, BYRNE, BICHOTTE,
SANTABARBARA, WOERNER, FAHY, VANEL, GUNTHER, WALKER, NOLAN,
ZEBROWSKI, WRIGHT, CAHILL, STIRPE, SOLAGES, LENTOL, KIM, EPSTEIN,
JEAN-PIERRE, WEINSTEIN, PERRY, CARROLL, PHEFFER AMATO, JONES,
GOTTFRIED, BUCHWALD, REYES, LAVINE, SMULLEN. AN ACT TO AMEND THE
CIVIL RIGHTS LAW AND EDUCATION LAW, IN RELATION TO SINGLE-OCCUPANCY
BATHROOM FACILITIES.
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ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 473. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08873-A, CALENDAR
NO. 475, O'DONNELL, OTIS. AN ACT TO AMEND THE PARKS, RECREATION AND
HISTORIC PRESERVATION LAW, IN RELATION TO ESTABLISHING A HISTORIC
BUSINESS PRESERVATION REGISTRY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION
-- OH.
ON A MOTION BY MR. O'DONNELL, THE SENATE BILL IS
BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 475. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
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NYS ASSEMBLY JULY 21, 2020
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09823-A, CALENDAR
NO. 479, ROZIC, MCMAHON. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO INCLUDING THE PROMOTION AND EXPANSION OF CRICKET
IN THE STATE OF NEW YORK TO THE JURISDICTION OF THE STATE ATHLETIC
COMMISSION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 479. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A07820-A, RULES
REPORT NO. 173, FALL, RICHARDSON, SAYEGH, WALKER, REYES, DICKENS,
DARLING, CUSICK, TAYLOR, BARRON. AN ACT TO AMEND THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, IN RELATION TO REQUIRING NEW HOMELESS
SHELTERS CONDUCT A PUBLIC HEARING IN THE COMMUNITY WHERE THE
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PROPOSED SHELTER IS TO BE LOCATED BEFORE BEING SITED.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 365 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR -- ON RULES REPORT NO. 173. THIS IS A FAST ROLL
CALL. ANY MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED
TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD MR. HEVESI AS A NEGATIVE ON THIS ONE. THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD ALSO ADD OUR COLLEAGUE MR. EPSTEIN AS A NO AS WELL.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF WE CAN NOW TURN OUR ATTENTION TO THE LAST PAGE ON OUR
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DEBATE CALENDAR AND START WITH CALENDAR NO. 403 BY MS. SIMOTAS.
THEN CALENDAR NO. 422 BY MS. SOLAGES, CALENDAR NO. 423 BY MR.
CYMBROWITZ, CALENDAR NO. 442 BY MR. ABINANTI, AND CALENDAR NO.
471 BY MS. HYNDMAN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07991-A, CALENDAR
NO. 403, SIMOTAS, QUART, SAYEGH, MOSLEY, MORINELLO, ASHBY,
L. ROSENTHAL, JAFFEE, GOTTFRIED, HEVESI, SIMON, GALEF, CRUZ, NIOU. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO POSTING INFORMATION
ON PATIENTS' REPORTING RIGHTS REGARDING PROFESSIONAL MISCONDUCT
INVOLVING SEXUAL HARASSMENT AND ASSAULT.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. SIMOTAS.
MS. SIMOTAS: YES, OF COURSE. THIS BILL AMENDS
SECTION 230 OF THE PUBLIC HEALTH LAW BY CREATING A NEW SECTION
ENTITLED "PROFESSIONAL MISCONDUCT." THIS NEW SECTION WOULD REQUIRE
TWO THINGS: FIRST, IT WOULD REQUIRE THAT THE OFFICE OF PROFESSIONAL
MISCONDUCT UPDATE ITS WEBSITE AND PROVIDE THE PUBLIC WITH
INFORMATION REGARDING A PATIENT'S RIGHTS AND REPORTING OPTIONS
REGARDING PROFESSIONAL MISCONDUCT, INCLUDING INFORMATION ON REPORTING
INSTANCES OF SEXUAL HARASSMENT AND ASSAULT. SECOND, IT WOULD REQUIRE
THAT ALL PHYSICIANS' PRACTICING -- PRACTICE SETTINGS POST SIGNAGE BY
(UNINTELLIGIBLE) TO THE OPMCW [SIC] WEBSITE FOR INFORMATION ON THEIR
RIGHTS AND HOW TO REPORT PROFESSIONAL MISCONDUCT.
ACTING SPEAKER AUBRY: MR. BYRNE.
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MR. BYRNE: THANK YOU, MR. SPEAKER, AND THANK
YOU TO THE SPONSOR FOR THAT EXPLANATION.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
BYRNE.
MR. BYRNE: AGAIN, I WANT TO THANK THE SPONSOR FOR
THE EXPLANATION. WE DID GO THROUGH THIS BILL IN COMMITTEE, AND IT -- IT
WENT THROUGH WITHOUT A LOT OF OPPOSITION, BUT I DID GET SOME OUTREACH
FROM THOSE IN THE PHYSICIANS COMMUNITY, THE MEDICAL COMMUNITY, WITH
SOME CONCERNS I JUST WANTED TO EXPRESS. I ALSO READ -- REREAD THE
MEMO AGAIN, AND I THINK THAT IT'S A VERY NOBLE CAUSE THAT WE'RE TRYING TO
ADDRESS. I WANT TO THANK THE SPONSOR FOR THAT. ANY MEDICAL
PROFESSIONAL, ESPECIALLY PHYSICIANS WHO BETRAY THE TRUST OF THEIR
PATIENTS AND VIOLATE A PATIENT, IT'S A SPECIAL KIND OF DESPICABLE ACT AND
OBVIOUSLY CANNOT BE TOLERATED AT ALL. AND WE FEEL FOR ANY VICTIMS THAT
ARE GOING TO BE SUBJECTED TO THAT TYPE OF BETRAYAL. BUT THERE'S TWO
POINTS THAT THIS BILL CHANGES, AND THE SPONSOR MENTIONED THIS IN HER
EXPLANATION. ONE, THE -- THE OFFICE OF PROFESSIONAL MISCONDUCT
WEBSITE AND THE DEPARTMENT OF HEALTH WEBSITE TO PUT ON THE PATIENTS'
RIGHTS AS WELL AS HOW TO FILE A COMPLAINT. I DON'T HAVE ANY OBJECTION TO
THAT. I -- I ACTUALLY PUNCHED IT IN TO THE -- JUST TO GOOGLE, SINCE WE'RE
ON VIRTUAL ON ZOOM, AND THE FIRST THING THAT CAME UP IS -- IF YOU JUST PUT
IN HOW TO FILE A COMPLAINT AGAINST A PHYSICIAN OR HOW TO FILE A
COMPLAINT AGAINST A DOCTOR IN NEW YORK, THE TOP THING ON GOOGLE THAT
CAME RIGHT UP WAS THE HEALTH.NY.GOV WEBSITE. AND ON THERE WAS A
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HYPERLINK WITH THE FORM FOR THE OFFICE OF PROFESSIONAL MISCONDUCT ON
HOW TO ACTUALLY FILE A COMPLAINT. I DO THINK THAT EXISTS, BUT IF THERE'S
WAYS THAT WE CAN MAKE THAT BETTER, I THINK THAT'S A GOOD IDEA. I -- I
DON'T WANT PEOPLE TO BE -- HAVE ADDITIONAL OBSTACLES IF THERE -- IF
THEY'VE BEEN SUBJECTED TO SOME SORT OF VIOLATION LIKE THE SPONSOR TALKS
ABOUT IN THE MEMO. THE BIGGER CONCERN THAT I'VE -- I'VE HEARD FROM
PHYSICIANS IS THE ADDITIONAL MANDATE ABOUT POSTING IN THE -- THE
PHYSICIAN PRACTICES AND THE SETTINGS. SO IF YOU'RE GOING -- GOING TO A
DOCTOR'S OFFICE, NOW THERE'S A NEW REQUIREMENT TO PUT AN ADDITIONAL
POSTING IN THEIR PRIVATE PHYSICIAN SETTING, THERE'S CONCERNS FROM
PHYSICIANS THAT THIS COULD JUST CREATE A MORE COMPLICATED RELATIONSHIP
WITH AND -- AND POTENTIALLY UNDERMINE THE TRUST THAT EXISTS WITH THE --
THE PHYSICIAN AND -- AND PATIENT RELATIONSHIP WHEN YOU WALK IN IF
YOU'RE GOING TO SEE A POSTER SAYING HOW -- HOW DO YOU FILE A COMPLAINT
AGAINST THE DOCTOR YOU'RE ABOUT TO GO SEE. SOMETIMES WE HAVE SO
MANY OF THOSE POSTS THAT ARE PUT UP IN JUST -- IN BUSINESSES ALL OVER. I
ALSO HAVE CONCERN THAT IT WILL -- WILL IT ACTUALLY DO WHAT WE THINK IT'S
GOING TO DO, OR WILL IT JUST BE DISMISSED AS ONE OTHER PIECE OF PAPER ON
-- ON THE WALL WHEN WE GO INTO THE -- THE DOCTOR'S OFFICE.
THOSE ARE SOME OF THE CONCERNS I WANTED TO SHARE
WITH YOU. I DO KNOW WE DO HAVE A REPUTATION IN THIS STATE AS NOT BEING
ALWAYS BEING THE MOST FRIENDLY PLACE FOR DOCTORS. WE'RE -- I THINK
WE'RE RATED AS ONE OF THE -- 50 OR 51 BY WALLETHUB AS A PLACE TO
PRACTICE AS A PHYSICIAN IN NEW YORK STATE. I WILL SAY IF YOU'RE A
PHYSICIAN OR A MEDICAL PROFESSIONAL THAT'S GOING TO ABUSE YOUR PATIENTS,
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I DON'T WANT YOU IN NEW YORK. BUT FOR ALL THE OTHER GOOD DOCTORS OUT
THERE, THIS IS GOING TO BE ANOTHER MANDATE AND ANOTHER BURDEN THAT
THEY'RE GOING TO HAVE TO COMPLY WITH.
AGAIN, I WANT TO THANK THE SPONSOR FOR THE -- THE
EFFORTS SHE'S TRYING TO ADDRESS HERE. I THINK WE CAN MAYBE MAKE THIS
BETTER, THAT ONE PIECE THAT I HAVE, YOU KNOW, SOME CONCERNS ABOUT.
AND PHYSICIANS HAVE REACHED OUT TO ME FROM THE MEDICAL SOCIETY AS
WELL AS THE WESTCHESTER COUNTY MEDICAL SOCIETY WAS THAT MANDATE THAT
WILL BE PLACED ON THEIR -- THEIR -- THEIR PRACTICES OUTSIDE OF THE HOSPITAL
SETTING. SO AGAIN, MR. SPEAKER AND SPONSOR, THANK YOU FOR YOUR TIME.
I -- I APPRECIATE IT.
ACTING SPEAKER AUBRY: THANK YOU, MR.
BYRNE.
MS. SIMOTAS.
MS. SIMOTAS: THANK YOU, MR. SPEAKER. AND I
THANK MY COLLEAGUE FOR HIS COMMENTS. YOU KNOW, I'VE SPENT A LOT OF
TIME IN HOSPITALS AND WITH DOCTORS FOR MY OWN CARE AND ALSO FOR MY
FAMILY'S CARE. AND WHAT I CAN TELL YOU IS THAT YOU DO DEVELOP A
RELATIONSHIP OF TRUST WITH YOUR PROVIDERS. AND IT'S MY OPINION, MY
HUMBLE OPINION, THAT IF THE DOCTOR DISPLAYS WHERE A PATIENT FEELS THAT
HE'S BEEN VIOLATED OR COMPLAINED, THAT WILL DO NOTHING BUT ENHANCE
THAT TRUST. THIS BILL WAS REALLY INSPIRED BY TESTIMONY THAT WAS GIVEN BY
MARISSA HOECHSTETTER, WHO IS A SURVIVOR WHO WAS SEXUALLY ASSAULTED
BY HER DOCTOR DURING HER PREGNANCY, HER DELIVERY AND HER POSTPARTUM
CARE. SHE RECENTLY TESTIFIED TO THE LEGISLATURE, TO US, JUST LAST YEAR ON
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HOW DIFFICULT IT WAS FOR PATIENTS WHO HAVE EXPERIENCED THESE VIOLATIONS
TO NAVIGATE THE REPORTING SYSTEM IN NEW YORK STATE. THE WEBSITE FOR
THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT OFFERS REALLY NO GUIDANCE
ON THESE ISSUES, AND NEVER EXPLICITLY MENTIONS THEIR ROLE IN RECEIVING
COMPLAINTS OF SEXUAL HARASSMENT AND ASSAULT BY MEDICAL PROFESSIONALS.
IF YOU GO ON TO THEIR WEBSITE TODAY, I DARE YOU TO TRY TO FIND THE PHONE
NUMBER. IT TAKES A LOT TO NAVIGATE. MARISSA IS AN ACCOMPLISHED
WOMAN WITH A MASTER'S DEGREE, AND IT TOOK HER A LONG TIME TO FIGURE IT
OUT. AND SHE IS A VERY VOCAL ADVOCATE AND HELPS OTHERS WHO'VE
EXPERIENCED THE SAME TRAUMA.
YOU KNOW, PATIENTS PLACE A GREAT DEAL OF TRUST IN THEIR
DOCTORS, AND WHEN DOCTORS ABUSE THAT TRUST AND SUBJECT THEIR PATIENTS TO
SEXUAL VIOLENCE, YOU KNOW, IT MUST BE INCREDIBLY SHOCKING AND AN
EXPERIENCE THAT YOU DON'T REALLY WANT TO TALK ABOUT. SO THE FACT THAT
YOU HAVE TO GO THROUGH JUMPING HOOPS TO NAVIGATE THE SYSTEM TO FILE A
COMPLAINT IS REALLY, TO ME, UNCONSCIONABLE. WE SHOULD ALL WANT TO
MAKE THE SYSTEM BETTER, TO MAKE IT MORE TRANSPARENT.
I JUST WANT TO READ SOMETHING THAT SHE TESTIFIED TO
DURING THE MAY 24TH HEARING ON SEXUAL HARASSMENT. SHE SAID, AND I
QUOTE, MOST DOCTORS ARE WELL-INTENTIONED, CARING PEOPLE DEDICATED TO
THEIR FIELD. BUT THE MINUTE YOU WALK IN TO YOUR DOCTOR'S OFFICE, THEY
HAVE POWER OVER YOU. THERE ARE OFTEN LEGITIMATE REASONS FOR A
DOCTOR'S HANDS TO BE ON OR IN YOUR BODY. IT IS A UNIQUE PROFESSION, AND
THOSE WHO ABUSE THIS -- WHO ABUSE IT DO NOT DESERVE OUR PROTECTION.
I URGE ALL OF MY COLLEAGUES TO VOTE FOR THIS BILL
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BECAUSE WHAT WE WILL BE DOING IS INTRODUCING TRANSPARENCY. THANK
YOU SO MUCH.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL READ
[SIC] THE VOTE ON CALENDAR NO. 403. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. BYRNE TO EXPLAIN HIS VOTE.
MR. BYRNE: THANK YOU, MR. SPEAKER. I AGAIN
WANT TO THANK THE SPONSOR FOR HER TIME IN EXPLAINING THE BILL, SPEAKING
ON THE BILL AND JUST SHARING GREATER UNDERSTANDING OF WHAT THIS IS ALL
ABOUT. I AM GOING TO VOTE FOR THIS BILL. I HOPE IT HAS THE EFFECT THAT IS
INTENDED BY THE SPONSOR. I THINK IT'S IMPORTANT WHEN WE REVIEW
LEGISLATION THAT WE -- WE DO LOOK AT EVERYTHING, AND I THINK THERE'S
SOME LITTLE LEGITIMATE CONCERNS. BUT OVERALL, LOOKING AT THIS BILL I STILL
THINK IT'S A GOOD IDEA. I MEANT WHAT I SAID WHEN OBVIOUSLY, WE WANT TO
BE WELCOMING TO PHYSICIANS IN THIS STATE SO THEY KNOW THAT THIS IS A
GREAT PLACE TO PRACTICE AND TO WORK. BUT CERTAINLY THOSE THAT WILL
BETRAY THE TRUST OF THEIR PATIENTS, I DON'T WANT THEM TO PRACTICE
ANYWHERE, BUT I CERTAINLY DON'T WANT THEM TO PRACTICE IN NEW YORK.
THANK YOU, MR. SPEAKER, AND I VOTE YES.
ACTING SPEAKER AUBRY: MR. BYRNE IN THE
AFFIRMATIVE.
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MRS. PEOPLES-STOKES -- MR. GOODELL FIRST.
MR. GOODELL: THANK YOU. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE NEGATIVE: MR. FRIEND, MR. SALKA AND MR.
DIPIETRO. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD RECORD OUR COLLEAGUE MR. SAYEGH IN THE
NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED. THANK YOU
BOTH.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03033, CALENDAR NO.
422, SOLAGES, ORTIZ, COLTON, M.G. MILLER. AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO REGULATIONS PROMULGATED FOR SYSTEMATIC AND
SUSTAINED EFFORTS TO FIND WORK FOR UNEMPLOYMENT BENEFITS.
ACTING SPEAKER AUBRY: MS. SOLAGES, AN
EXPLANATION HAS BEEN REQUESTED.
MS. SOLAGES: WHEN A WORKER LOSES THEIR JOB
THROUGH NO FAULT OF THEIR OWN, THEY MAY ALSO LOSE THEIR ABILITY TO
FINANCE SAFE AND AFFORDABLE CHILDCARE FOR THEIR FAMILIES. THIS BILL SEEKS
TO ADDRESS THE GROWING CONCERN THAT CHILDCARE MUST BE TAKEN INTO
CONSIDERATION WHEN INDIVIDUALS ON UNEMPLOYMENT ARE COMPLETING THEIR
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NYS ASSEMBLY JULY 21, 2020
WORK SEARCH REQUIREMENTS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: FOR THOSE OF YOU WHO ARE
UNFAMILIAR WITH THE EMPLOYMENT SYSTEM - AND I HOPE THAT'S MOST OF US -
IF YOU ARE LAID OFF THROUGH NO FAULT OF YOUR OWN OR YOU LOSE YOUR JOB
THROUGH NO FAULT OF YOUR OWN, YOU'RE ENTITLED TO COLLECT UNEMPLOYMENT.
BUT DURING THAT TIME FRAME THAT YOU'RE COLLECTING UNEMPLOYMENT, YOU
ALSO HAVE AN OBLIGATION TO LOOK FOR A NEW JOB. AND THAT OBLIGATION IS
THERE FOR TWO PRIMARY REASONS: FIRST, WE WANT PEOPLE WHO ARE
UNEMPLOYED TO DO ALL THEY CAN TO BECOME EMPLOYED AGAIN SO THEY CAN
MAXIMIZE THEIR FINANCIAL INDEPENDENCE AND THEIR SUCCESS. AND OF
COURSE YOU NEVER CAN BECOME SUCCESSFUL IF YOU'RE ON UNEMPLOYMENT.
AND THE SECOND REASON, OF COURSE, IS WE WANT TO MINIMIZE THE COST OF
THE UNEMPLOYMENT PROGRAM ON EMPLOYERS BECAUSE WE RECOGNIZE THAT
THE MORE THAT EMPLOYERS HAVE TO PAY INTO THE UNEMPLOYMENT SYSTEM
THE LESS MONEY THEY HAVE TO PAY EMPLOYEES. SO WITH THOSE DUAL
PURPOSES IN MIND, WE EXPECT PEOPLE WHO ARE ON UNEMPLOYMENT TO
LOOK FOR A JOB. THIS BILL SAYS THAT YOU DON'T HAVE TO LOOK FOR A JOB IF
YOU HAVE CHILDCARE ISSUES. BUT PRESUMABLY, WHEN YOU WERE WORKING
AND BEFORE YOU GOT LAID OFF YOU HAD SIMILAR CHILDCARE ISSUES AND YOU
ADDRESSED THEM. AND THE PROBLEM IS THAT, NUMBER ONE, IF YOU DON'T
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NYS ASSEMBLY JULY 21, 2020
HAVE TO LOOK FOR A JOB BECAUSE YOU'RE TAKING CARE OF CHILDCARE ISSUES,
NOT SURPRISINGLY, IT WILL REDUCE JOB SEARCH EFFORTS AND DRIVE UP THE COST
OF THE PROGRAM. BUT SECOND, IT OPENS UP A PANDORA'S BOX OF SUBJECTIVE
EVALUATIONS BECAUSE IT'S ALMOST IMPOSSIBLE FOR ANYONE OUTSIDE THE
FAMILY TO KNOW WHAT MIGHT BE AVAILABLE TO YOU FOR CHILDCARE. I MEAN,
YOU CAN IMAGINE HAVING TALKED TO YOUR MOM OR YOUR SIBLINGS OR -- OR
OTHERS, HAVE YOU CONSIDERED JOB SHARING OR CHILDCARE SHARING? WHAT
CHILDCARE ORGANIZATIONS HAVE YOU CONTACTED? AND OF COURSE IF YOU'RE
LOOKING FOR PAID CHILDCARE, IF YOU'RE UNEMPLOYED YOU PROBABLY -- OR
YOU MIGHT NOT BE ABLE TO AFFORD IT. SO YOU HAVE A LITTLE BIT OF A CHICKEN
AND EGG SCENARIO THAT'S GOING ON. AND ONE OF THE GREATEST CONCERNS I
HAVE IS THAT WHILE WE NEED TO BE SENSITIVE TO THE NEED FOR CHILDCARE, WE
ALSO RECOGNIZE THAT MOST EMPLOYERS ARE, CERTAINLY IN THE -- IN THE
PRIVATE SECTOR ARE PROFIT-ORIENTED. AND SO WE DON'T WANT TO CREATE A
SITUATION WHERE WE ENCOURAGE OR WE PROVIDE A FINANCIAL ADVANTAGE OR
INCENTIVE TO DISCRIMINATE AGAINST PEOPLE WHO MAY HAVE KIDS. AND YOU
CAN UNDERSTAND HOW THAT CAN HAPPEN. NOW TWO WELL-QUALIFIED PEOPLE
SHOW UP AND THEY'RE APPLYING FOR THE SAME JOB, ONE'S A LITTLE BIT OLDER,
DOESN'T HAVE CHILDCARE ISSUES, THE EMPLOYER KNOWS, WELL, IF I HAVE TO
DO A LAYOFF, THAT PERSON IS MORE LIKELY TO FIND A NEW JOB AND WON'T HAVE
TO DEAL WITH CHILDCARE ISSUES. DON'T HAVE TO BE WORRIED ABOUT PAID
FAMILY LEAVE BECAUSE THEY DON'T HAVE KIDS. THEY'RE UNLIKELY TO GET
SICK. AND ALL OF THAT CREATES A FINANCIAL INCENTIVE THAT UNFORTUNATELY
AND IMPROPERLY CREATES AN IMPLICIT BIAS. SO, THE -- ALL THE BUSINESS
ORGANIZATIONS LIKE BUSINESS COUNCIL AND THE NATIONAL FEDERATION OF
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NYS ASSEMBLY JULY 21, 2020
INDEPENDENT BUSINESSES ARE CONCERNED THAT WE ARE CREATING A
SUBJECTIVE BASIS FOR PEOPLE TO -- TO DECLINE TO LOOK FOR A NEW JOB RATHER
THAN ENCOURAGING THOSE WHO WERE IN THE LABOR FORCE BEFORE TO REJOIN AS
QUICKLY AS POSSIBLE.
AND FOR THAT REASON, I AND MANY OF MY COLLEAGUES WILL
NOT BE SUPPORTING THIS BILL. BUT I CERTAINLY APPRECIATE THE CONCERN AND
THOUGHTFULNESS THAT WE ALL NEED TO EXHIBIT. AND WE ALL OUGHT TO BE
WORKING ON INCREASING CHILDCARE AVAILABILITY, WHICH IS ONE REASON WHY
I AND MANY, MANY OF MY COLLEAGUES HAVE URGED THE GOVERNOR TO
RELEASE THE BALANCE OF THE FEDERAL CARE FUNDS THAT HAVE NOT YET BEEN
RELEASED. IT'S OVER $100 MILLION THAT HAS NOT YET BEEN RELEASED FOR
CHILDCARE. SO, LET'S ADDRESS THE CHILDCARE ISSUE. LET'S GET THAT FEDERAL
CARE FUNDS OUT THERE. LET'S HELP PEOPLE GET CHILDCARE, AND HOPE BY
ADDRESSING THE CHILDCARE ISSUE IN A THOUGHTFUL AND COMPASSIONATE WAY,
WE CAN REDUCE THIS PROBLEM ALL TOGETHER.
THANK YOU, SIR, FOR ALLOWING ME TO EXPRESS THOSE
CONCERNS.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. SOLAGES.
MS. SOLAGES: NOT ONLY ARE WE WITHIN A -- A PUBLIC
HEALTH CRISIS, AN ECONOMIC CRISIS, BUT WE ARE IN A CHILDCARE CRISIS.
ALONE, 30 PERCENT OF CHILDCARE CENTERS IN NEW YORK STATE HAVE CLOSED.
WITH COVID-19, PARENTS -- MANY PARENTS WHO RELIED ON GRANDPARENTS,
AUNTS AND UNCLES ARE UNABLE TO USE THOSE INDIVIDUALS. WE HAVE 20
PERCENT OF NEW YORKERS, 1.5 MILLION INDIVIDUALS, OUR NEIGHBORS, OUR
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FRIENDS, OUR COUSINS, OUR FAMILY MEMBERS, WHO ARE UNEMPLOYED.
MANY OF THEM HAVE CHILDREN. AND I KNOW MANY PARENTS OUT THERE,
THEY KNOW HOW IT IS WHEN THEY'RE WORKING FROM HOME AND ALSO TAKING
CARE OF THEIR CHILD, WHEN THEY'RE TRYING TO, YOU KNOW, WRITE A DOCUMENT
AND THEIR INFANT TODDLER IS CRYING NEXT TO THEM. OR THEIR -- THEIR YOUNG
CHILD IS BEGGING FOR ATTENTION. OR A -- A MOTHER OR A FATHER CALLING
CHILDCARE CENTERS ALL OVER THEIR TOWN TRYING TO SEE WHICH ONE IS OPEN,
WHICH ONE ACTUALLY HAS ENOUGH SLOTS SO THAT THEY CAN GET IN. AND EVEN
CHILDCARE CENTERS THAT ARE SAFE FOR THEIR CHILDREN, BECAUSE AT THE END OF
THE DAY WE ALL WANT SAFE, AFFORDABLE CHILDCARE.
SO I JUST WANT TO CLARIFY THE -- THE LEGISLATIVE INTENT OF
THIS BILL. WE'RE NOT NEGATING WORK SEARCH REQUIREMENTS. NOT AT ALL.
WE JUST WANT TO HAVE CONSIDERATION WITH THE WORLD AROUND US. JUST LAST
YEAR WHEN WE WERE DEBATING THIS BILL, UNEMPLOYMENT WAS 3 PERCENT.
NOW WE ARE AT 20 PERCENT. AND SO UNDER THIS BILL, IT JUST ALLOWS THE
COMMISSIONER OF LABOR TO PROMULGATE REGULATIONS REGARDING WORK
SEARCH EFFORTS AND ALLOW THEM TO TAKE INTO ACCOUNT THE NEED FOR THE
COMPLAINT -- THE CLAIMANT TO PROVIDE CHILDCARE FOR CHILDREN IN ORDER TO
ENSURE THAT THE -- THE CLAIMANTS ARE ABLE TO SATISFY WITH STANDARDS OF
PROOF FOR WORK SEARCH EFFORTS.
SO ONCE AGAIN, WE'RE NOT NEGATING IT. WE'RE NOT
SAYING, OH, YOU DON'T HAVE TO SEARCH FOR WORK. WE'RE JUST TRYING TO BE
NEW YORK TOUGH AND SAY THAT WE KNOW THAT THE WORLD AROUND US IS --
IS A BIT DIFFERENT AND THAT WE NEED TO BE CONSIDERATE AND THAT WE NEED
TO BE OPEN. AND WE NEED TO ENSURE THAT THE NEXT GENERATION BEHIND US
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IS TAKEN CARE OF AND PROVIDED WITH ACCESS TO CHILDCARE AND LOVE AND
RESPECT. WE CAN BALANCE BOTH IN NEW YORK STATE. AND THE ONLY WAY
FOR US AS -- AS A STATE TO GET OUT OF THIS HOLE IS TO ENSURE THAT EVERY NEW
YORKER IS CAPABLE OF FINDING A JOB AND CAPABLE OF HAVING ACCESS TO SAFE
AND AFFORDABLE CHILDCARE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT DECEMBER 7,
2020.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 422. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS LEGISLATION, BUT
THOSE WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE SHOULD CONTACT THE
MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. CRYSTAL PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. OUR CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE ON THIS
PIECE OF LEGISLATION AS A COMPLETE CONFERENCE. HOWEVER, SHOULD THERE
BE COLLEAGUES WHO WOULD LIKE TO VOTE IN THE NEGATIVE, WE'RE HAPPY TO
RETRIEVE THEIR VOICE -- HEAR THEIR VOICE BY A PHONE CALL. WE LOOK
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FORWARD TO HEARING IT IF THEY NEED TO, AND WE WILL RECORD THEM IN THE
NEGATIVE, SHOULD THEY DESIRE.
ACTING SPEAKER AUBRY: SO NOTED, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
AND MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I ABSOLUTELY AGREE
WITH MY COLLEAGUE OVER THE NEED FOR AN INCREASED FOCUS ON CHILDCARE,
ESPECIALLY DURING THE COVID CRISIS. AND AS SHE CORRECTLY NOTES, MANY
OF OUR CHILDCARE CENTERS HAVE CLOSED. SOME WERE ABLE TO TAKE
ADVANTAGE OF THE PAYROLL PROTECTION PLAN AND STAY OPEN, BUT MANY OF
THEM WERE CLOSED BECAUSE PARENTS SIMPLY WOULDN'T SEND THEIR CHILDREN
TO CHILDCARE BECAUSE THEY WERE CONCERNED OVER THE IMPACTS OF THE
VIRUS. AND OF COURSE A DAYCARE CENTER CANNOT SURVIVE WITHOUT KIDS. SO
I ABSOLUTELY SHARE HER CONCERN. THE CARES ACT, THE FEDERAL STIMULUS
ACT, INCLUDED $160 MILLION FOR NEW YORK STATE SPECIFICALLY FOR
CHILDCARE. BUT THE LAST I KNEW, ONLY ABOUT $30 MILLION OF THAT'S BEEN
DISTRIBUTED, WHICH HAS BEEN A GREAT, GREAT FRUSTRATION TO THE CHILDCARE
INDUSTRY AND ALL OF -- ALL OF US WHO SUPPORT HIGH-QUALITY CHILDCARE. IF
THIS BILL WERE LIMITED TO THE COVID CRISIS, THEN I WOULD BE INCLINED TO
SUPPORT IT. BUT THIS IS A PERMANENT CHANGE IN THE LAW, AND
UNFORTUNATELY, WILL HAVE LONG-TERM -- IN MY OPINION, LONG-TERM
UNINTENDED CONSEQUENCES AND THAT'S WHY I'M VOTING AGAINST IT. BUT
AGAIN, I APPRECIATE MY COLLEAGUE'S CONCERN, WHICH I THINK IS RIGHTLY
PLACED, AND OUR NEED TO DO EVERYTHING WE CAN TO INCREASE THE
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AVAILABILITY OF HIGH-QUALITY CHILDCARE, ESPECIALLY DURING THESE DIFFICULT
TIMES.
THANK YOU, SIR, AND AGAIN, THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS IN THE AFFIRMATIVE ON THIS LEGISLATION:
MR. MORINELLO, MR. REILLY, MS. MILLER, MR. SCHMITT, MR. ASHBY AND
MR. SALKA.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04129-A, CALENDAR
NO. 423, CYMBROWITZ, RODRIGUEZ. AN ACT TO AMEND THE PRIVATE
HOUSING FINANCE LAW, IN RELATION TO THE MEMBERSHIP OF THE NEW YORK
STATE HOUSING FINANCE AGENCY, THE HOUSING TRUST FUND CORPORATION
AND THE AFFORDABLE HOUSING CORPORATION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. CYMBROWITZ.
MR. CYMBROWITZ: THANK YOU, MR. SPEAKER.
THIS BILL WOULD EXPAND MEMBERSHIP OF THE STATE HOUSING FINANCE
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AGENCY BY ADDING ONE MEMBER TO BE APPOINTED BY THE TEMPORARY
PRESIDENT OF THE SENATE AND ONE MEMBER TO BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY.
ACTING SPEAKER AUBRY: MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER.
THANK YOU, MR. SPEAKER. STEVE, NICE TO SEE YOU. A QUICK QUESTION
HERE. THE ADDITIONAL MEMBERS, WOULD THAT BE JUST ON THE HOUSING
FINANCE AGENCY OR WOULD THIS ALSO -- WOULD NEW MEMBERS BE ADDED TO
THE OTHER BOARDS, SUB-BOARDS UNDER THE HOUSING FINANCE AGENCY?
MR. CYMBROWITZ: WELL, THEY WOULD BE PART OF
THE SUBSIDIARIES, WHICH -- WHICH ARE THE HOUSING TRUST FUND
CORPORATION, THE AFFORDABLE HOUSING CORPORATION. THEY WOULD ALL
HAVE -- THEY'D ALL HAVE THE SEVEN MEMBERS NOW, AND THERE WOULD BE AN
ADDITIONAL TWO. SO THEY WOULD ALL HAVE NINE.
MR. FITZPATRICK: ALL RIGHT. SO THESE -- SO THESE
TWO PROSPECTIVE NEW MEMBERS WOULD ALSO SIT ON THOSE OTHER TWO
BOARDS AS WELL?
MR. CYMBROWITZ: THAT IS CORRECT.
MR. FITZPATRICK: OKAY. HOW -- THIS -- THIS BILL'S
BEEN AROUND SINCE 2016. IT'S ALWAYS DIED -- DIED ON THE CALENDAR.
HOW -- BY EXPANDING THE MEMBERSHIP, THE GOVERNOR HAS FOUR SEATS;
YOU HAVE THE BUDGET DIRECTOR, THE HOUSING AND COMMUNITY RENEWAL
DIRECTOR, AND ITS CHAIR, MR. ADAMS. BY EXPANDING, HOW ARE WE -- HOW
ARE WE GOING TO INCREASE EFFICIENCY? WHAT IS THE NEED FOR THIS, IN YOUR
VIEW?
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MR. CYMBROWITZ: WELL, AS OF RIGHT NOW, THERE IS
AN EXPENSE BUDGET OF ALL THOSE AGENCIES, THE AGENCIES AND SUBSIDIARIES,
OF $807 MILLION, AND THEY BOND OUT TO AFFORDABLE HOUSING PROJECTS $2.1
BILLION. AND THIS WOULD GIVE US THE OPPORTUNITY, THE ASSEMBLY, AS WELL
AS THE SENATE, TO HELP DIRECT THOSE FUNDS WHERE AFFORDABLE HOUSING
PROJECTS SHOULD BE BUILT, IN WHAT COMMUNITIES, AND HOW THEY AFFECT
NEW YORK STATE AS A WHOLE.
MR. FITZPATRICK: I SEE. OKAY. VERY GOOD,
STEVE. THANK YOU. I APPRECIATE YOUR ANSWERS, AND HAVE A GREAT REST OF
THE SUMMER.
MR. CYMBROWITZ: THANK YOU. YOU, TOO, MIKE.
MR. FITZPATRICK: THANK YOU, STEVE.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
FITZPATRICK.
MR. FITZPATRICK: I -- I -- I CERTAINLY APPLAUD THE
SPONSOR'S GOAL TO ADD A VOICE FROM THE ASSEMBLY, A VOICE FROM THE
SENATE. BUT I THINK IN THESE TIMES, EVEN THOUGH THEY DON'T RECEIVE A
SALARY, THEY WOULD ONLY RECEIVE EXPENSES, WE -- WE HAVE NOT VOTED ON
THIS BILL IN THE PAST, AND I DON'T THINK WE NEED TO VOTE ON IT NOW. I
INTEND TO VOTE NO FOR THE SIMPLE REASON THAT EXPANDING GOVERNMENT
RIGHT NOW IS NOT A GOOD IDEA. THERE ARE ENOUGH MEMBERS ON THIS BOARD
TO MAKE THE RIGHT DECISIONS HERE. WE ARE IN CONTACT WITH THE HOUSING
FINANCE AGENCY, SO OUR VOICES ARE ALREADY HEARD ON WHAT THEY ARE
VOTING ON AND WHAT THEY'RE REVIEWING, AND THEY STAY IN TOUCH WITH US.
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SO I DON'T SEE THE NEED FOR IT. AND EVEN THOUGH THE EXPENSE WOULD BE
RATHER SMALL, YOU KNOW, YOU'RE REALLY JUST ADDING PATRONAGE POSITIONS
THAT I DON'T THINK ARE NECESSARY AND, FRANKLY, NOT PRUDENT AT THIS TIME.
YOU KNOW, IF IT AIN'T BROKE, DON'T FIX IT, AS THE SAYING GOES. AND THIS IS
A SYSTEM THAT WORKS RATHER WELL, AND I DON'T THINK WE NEED TO ADD ANY
MORE PATRONAGE APPOINTMENTS AND ADD EXTRA EXPENSE AT THIS TIME.
AND FOR THOSE REASONS, I'LL BE VOTING NO. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
FITZPATRICK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 423. THIS IS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. BARRON TO EXPLAIN HIS VOTE.
MR. BARRON: THERE'S ANOTHER SAYING THAT SAYS IF IT
AIN'T BROKE, IMPROVE IT ANYWAY. CONSTANT IMPROVEMENT IS ALWAYS
NEEDED. QUALITY IMPROVEMENT IS ALWAYS NEEDED. I WANT TO COMMEND
THE CHAIR ON THIS BILL BECAUSE THERE'S BILLIONS OF DOLLARS IN HOUSING
MONEY THAT CAN BE SPENT ON AFFORDABLE HOUSING. AND CERTAINLY, THERE
SHOULDN'T BE ANYBODY IN THE ASSEMBLY OR THE SENATE THAT WE WOULD BE
OPPOSED TO ADDING THE VOICE OF THE ASSEMBLY AND THE VOICE OF THE
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SENATE IN IT TO INFLUENCE THAT KIND OF HOUSING IN THE NEIGHBORHOODS THAT
IT'S -- IT'S SORELY NEEDED NOW. AND SO I WANT TO COMMEND THE CHAIR ON
THIS BILL. IT'S A VERY TIMELY BILL CONSIDERING THE PANDEMIC, CONSIDERING
WHAT PEOPLE ARE GOING THROUGH IN OUR COMMUNITIES AROUND HOUSING
AND EMPLOYMENT.
THIS IS AN EXCELLENT BILL. I THINK IT WILL ADVANCE THE
POSSIBILITY OF GETTING REAL AFFORDABLE HOUSING COMING TO THE NEEDIEST
COMMUNITIES IN THIS STATE, AND I WOULD URGE A YES VOTE ON THIS BILL AND
COMMEND THE CHAIR FOR PROPOSING IT.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
ACTING SPEAKER JONES: MR. BARRON IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE NEGATIVE ON THIS LEGISLATION: MR. BYRNE,
MR. DIPIETRO, MR. FITZPATRICK, MR. FRIEND, MR. HAWLEY, MR.
MANKTELOW, MR. NORRIS AND MR. SCHMITT.
THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU, MR.
GOODELL. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: SENATE NO. S04188, CALENDAR NO.
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NYS ASSEMBLY JULY 21, 2020
442, SENATOR KENNEDY (A09140, ABINANTI, WEPRIN, JEAN-PIERRE,
COLTON, GALEF). AN ACT TO AMEND THE BANKING LAW, IN RELATION TO
REQUIRING FINANCIAL INSTITUTIONS TO NOTIFY A CUSTOMER PRIOR TO CHARGING A
FEE BASED ON ACCOUNT INACTIVITY.
ACTING SPEAKER JONES: AN EXPLANATION HAS
BEEN REQUESTED, MR. ABINANTI.
MR. ABINANTI: YES, MR. SPEAKER. THIS BILL
REQUIRES BANKING INSTITUTIONS TO GIVE A 30-DAY NOTICE THAT IT WILL -- THAT
THE INSTITUTION WILL BE CHARGING A FEE BASED ON ACCOUNT INACTIVITY.
MS. WALSH: WILL THE SPONSOR YIELD FOR A FEW
QUESTIONS, PLEASE?
ACTING SPEAKER JONES: MR. ABINANTI?
MR. ABINANTI: YES, MR. SPEAKER, I WOULD BE GLAD
TO.
ACTING SPEAKER JONES: THE SPONSOR WILL
YIELD.
MS. WALSH.
MS. WALSH: THANK YOU, MR. ABINANTI. I DO JUST
HAVE A FEW QUESTIONS. SO THIS BILL HAS BEEN AROUND SINCE 2003, AND I
GUESS MY INITIAL QUESTION IS, WHY IS THIS BILL NECESSARY?
MR. ABINANTI: THIS BILL IS NECESSARY TO MAKE SURE
THAT THERE'S A UNIFORM PRACTICE. MANY OF THE BANKS HAVE NOW ADOPTED
THIS PRACTICE OF NOTIFYING THEIR CUSTOMERS BEFORE THEY IMPOSE A FEE ON A
-- A SILENT ACCOUNT, ON AN ACCOUNT THAT -- THAT'S BEEN INACTIVE FOR QUITE
SOME TIME. MANY PEOPLE DO NOT REALIZE THAT THEY MUST KEEP THEIR
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ACCOUNTS ACTIVE. IF THEY HAVE A CD OR IF THEY HAVE SOME KIND OF AN
ESCROW ACCOUNT OR SOME ACCOUNT FOR ONE OF THEIR KIDS, THEY JUST PUT
MONEY IN IT AND FORGET ABOUT IT, THEY DON'T REALIZE THAT THEY HAVE TO
KEEP IN CONTACT WITH THE BANK AND -- AND MAKE SURE THE BANK KNOWS
THAT THAT ACCOUNT IS STILL ACTIVE. SO THIS ALLOWS THEM 30 DAYS TO GIVE
THAT BANK THE NOTICE THAT THIS ACCOUNT IS STILL ACTIVE, AND IF NECESSARY,
THEY COULD DEPOSIT A DOLLAR IN IT OR -- OR WHATEVER IS NECESSARY BY THAT
BANK. BUT THIS ALSO REQUIRES THAT THE BANK GIVE SUFFICIENT INFORMATION
FOR THE CUSTOMER TO BE ABLE TO CONTACT THE BANK. THEY HAVE TO GIVE THE
NAME AND -- AND THE FULL CONTACT INFORMATION OF SOME REPRESENTATIVE SO
THAT THAT PERSON WHO GETS THIS NOTICE KNOWS HOW TO RESPOND.
MS. WALSH: AND I ACTUALLY LIKE THAT PART OF THE
BILL, BECAUSE IF MY EXPERIENCE IS ANYTHING LIKE A LOT OF OTHER PEOPLE,
YOU GET INTO A -- A DIALING PROBLEM WHERE YOU'RE JUST, YOU KNOW,
CONSTANTLY PUSHING BUTTONS TO TRY TO REACH A PERSON THAT COULD ANSWER
YOUR QUESTION. SO I DO LIKE THAT PART ABOUT THE BILL. YOU TALKED ABOUT
ONE OF THE RATIONALES IS TO HAVE AN EVEN AND CONSISTENT PRACTICE ACROSS
THE BOARD. SO THIS BILL WOULD APPLY TO BANKS, TRUST COMPANIES, SAVINGS
BANKS, SAVINGS AND LOAN ASSOCIATIONS, CREDIT UNIONS, MORTGAGE BROKERS,
MORTGAGE BANKERS OR OTHER INVESTMENT ENTITIES WHERE THE HEADQUARTERS
IS WITHIN OR OUTSIDE THE STATE. IS -- THAT'S CORRECT, ISN'T IT?
MR. ABINANTI: THAT'S WHAT THE LANGUAGE OF THE
BILL IS, YES.
MS. WALSH: YES. SO ONE -- ONE OF MY QUESTIONS IN
REVIEWING THIS IS THAT BECAUSE OF FEDERAL PREEMPTION, I DON'T BELIEVE
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THAT SOMETHING LIKE A FEDERAL CREDIT UNION IS -- WOULD BE REQUIRED TO
COMPLY WITH THIS BILL.
MR. ABINANTI: UNFORTUNATELY, YOU'RE PROBABLY
CORRECT. WE WOULD LIKE THE FEDERAL INSTITUTIONS TO FOLLOW OUR LEAD, AND
IF WE COULD FIND A WAY TO REQUIRE THEM TO GIVE THE SAME CONSUMER
PROTECTIONS AS WE GIVE THROUGH OUR BANKS WE WOULD DO SO. BUT THIS IS
DESIGNED TO ENCOMPASS ANY BANK OR OTHER FINANCIAL INSTITUTION WHICH IS
REGULATED BY THE STATE OF NEW YORK NO MATTER WHERE THEY'RE
HEADQUARTERED.
MS. WALSH: SO THIS DOES IMPOSE A MANDATE ON --
ON THE BANKING INDUSTRY, PRETTY MUCH, EXCEPT IF YOU ARE A FEDERAL
CREDIT UNION, YOU WOULD NOT NEED TO -- OR A FEDERAL BANKING INSTITUTION,
YOU WOULD NOT NEED TO FOLLOW THIS.
MR. ABINANTI: RIGHT. WELL, WE'RE HOPEFUL THAT
THEY WILL FOLLOW -- THAT THE FEDERALS WILL FOLLOW THIS. AND THIS IS A VERY
MINIMAL COST, ESPECIALLY IF YOU CONSIDER WHAT HAPPENS IF A PERSON IS
UNAWARE THAT THERE'S A FEE BEING IMPOSED OR THAT THE ACCOUNT IS GOING
TO BECOME INACTIVE. AND THEN THE PERSON FINDS OUT, NOW THEY HAVE TO
REACTIVATE THE ACCOUNT. IT'S A LOT EASIER FOR THE INSTITUTION AND PROBABLY
A LOT LESS EXPENSIVE TO NOTIFY THE PERSON IN ADVANCE. PLUS, THIS ALLOWS
FOR ELECTRONIC MAIL NOTIFICATION, WHICH SHOULD BE VERY EASY.
MS. WALSH: YEAH. I THINK -- I THINK THE WAY THAT
MAYBE THE FEDERAL -- THE WAY THE FEDERAL GOVERNMENT HAD HANDLED IT
WAS AT THE -- AT THE BEGINNING, WHEN THE ACCOUNT -- WHATEVER THAT KIND
OF ACCOUNT IS -- IS STARTED UNDER THE FEDERAL TRUTH AND SAVINGS ACT THAT
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REQUIRES BANKS TO MAINTAIN A SCHEDULE AND PROVIDE NOTICE OF ALL
CHARGES, FEES AND PENALTIES. SO THEY DO IT AT THE BEGINNING. I WOULD
IMAGINE YOUR POSITION WOULD BE, YEAH, BUT THAT COULD BE SOME TIME
AGO AND --
MR. ABINANTI: RIGHT.
MS. WALSH: -- THEN PEOPLE HAVE FORGOTTEN. BUT
THEY CERTAINLY, ONE WAY OR THE OTHER, PEOPLE WERE NOTIFIED UNDER
FEDERAL LAW THAT -- THAT THESE -- THERE WAS A FEE SCHEDULE AND THIS IS
WHAT THE FEE SCHEDULE IS.
MR. ABINANTI: WELL, IT'S HELPFUL TO NOTIFY IN
ADVANCE, BUT PEOPLE NEED A REMINDER. AND -- AND THE BANKS COULD VERY
EASILY SET UP A SCHEDULE OF ELECTRONIC MAIL SO THAT 30 DAYS BEFORE EACH
ACCOUNT COMES DUE, THEY CAN HAVE THAT ELECTRONIC MAIL GO OUT TO THE
CUSTOMERS. AND WE'RE HOPEFUL THAT IF -- IF WE PASS THIS AND IT'S ALREADY
PASSED THE OTHER HOUSE, IF IT GETS ENACTED, THAT MAYBE THE FEDS WILL GET
THE IDEA THAT THIS IS A -- A GOOD THING TO DO AND THEY'LL ADD IT TO THEIR
REGULATIONS AS WELL.
MS. WALSH: THANK YOU VERY MUCH, MR. ABINANTI.
MR. ABINANTI: THANK YOU.
MS. WALSH: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER JONES: MS. WALSH ON THE BILL.
MS. WALSH: SO I DO UNDERSTAND -- YOU KNOW,
SOMETIMES OLD BILLS, YOU KNOW, ARE -- ARE OLD FOR A REASON. THIS ONE
SEEMS TO -- YOU KNOW, I MEAN, I UNDERSTAND WHERE IT'S COMING FROM. I
UNDERSTAND WHAT THE BILL IS TRYING TO DO AND I APPRECIATE THE SPONSOR
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NYS ASSEMBLY JULY 21, 2020
BRINGING IT FORWARD. I -- I DO THINK, THOUGH, THAT PEOPLE, CONSUMERS
NEED TO HAVE SOME RESPONSIBILITY FOR KNOWING WHAT THE RULES ARE. AND
HERE, WE KNOW THAT THE FEDERAL GOVERNMENT IN THE -- IN THE TRUTH AND
LENDING -- NO, NOT THE TRUTH IN LENDING STATEMENT, THE -- I'M SORRY, THE
FEDERAL TRUTH IN SAVINGS ACT REQUIRES THE PROMULGATION OF A FEE
SCHEDULE TO PEOPLE BANKING. AND WE ALSO KNOW THAT IF THE CONSUMER
DOESN'T LIKE THAT FEE SCHEDULE OR THAT -- THAT SCHEDULE OF PENALTIES, THEY
HAVE EVERY RIGHT TO TAKE THEIR BUSINESS DOWN THE ROAD TO SOME OTHER
PLACE. BUT I THINK MY -- MY PRIMARY CONCERN WITH THE BILL IS REALLY --
WE -- WE TOUCHED ON IT DURING DEBATE -- IS THE APPLICABILITY OR THE
NON-APPLICABILITY TO FEDERAL INSTITUTIONS BECAUSE OF FEDERAL
PREEMPTION. SO IT DOESN'T SEEM FAIR TO ME TO HAVE A BILL LIKE THIS PASS
AND HAVE IT AFFECT ONLY PART OF THE INDUSTRY AND NOT THE REST OF THE PART.
I THINK IT ENDS UP HURTING -- IT'S HURTING, LIKE, STATE CREDIT UNIONS, FOR
EXAMPLE, WHICH COULD BE MAYBE A LITTLE BIT SMALLER AND -- BUT ARE STILL
VERY VALUABLE AND SERVING THE COMMUNITY. ALTHOUGH THE SPONSOR
REFERRED TO IT AS BEING A -- A MINIMAL BURDEN, I THINK IT IS A BURDEN STILL.
AND, YOU KNOW, FOR THOSE REASONS I DO HAVE CONCERNS WITH THE BILL.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 442. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
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NYS ASSEMBLY JULY 21, 2020
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS. THOSE WHO WISH TO VOTE
IN THE AFFIRMATIVE SHOULD CONTACT THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS PARTY VOTE IN THE AFFIRMATIVE. COLLEAGUES WISHING TO
VOTE NEGATIVE SHOULD CONTACT OUR OFFICES. WE'LL BE HAPPY TO TAKE THEIR
VOTE AND HAVE IT RECORDED.
THANK YOU.
ACTING SPEAKER JONES: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING MINORITY MEMBERS IN THE AFFIRMATIVE: MR. DESTEFANO, MR.
KOLB AND MS. MALLIOTAKIS.
THANK YOU, SIR.
ACTING SPEAKER JONES: SO NOTED, MR.
GOODELL.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JULY 21, 2020
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09763-A, CALENDAR
NO. 471, HYNDMAN, COOK, PERRY, VANEL. AN ACT TO AMEND THE
INSURANCE LAW, IN RELATION TO ESTABLISHING THE FOR-HIRE MOTOR VEHICLE
SAFETY PROGRAM.
ACTING SPEAKER JONES: MS. HYNDMAN, AN
EXPLANATION HAS BEEN REQUESTED.
MS. HYNDMAN: OKAY. THIS BILL WOULD PERMIT
ASSOCIATIONS REPRESENTING FOR-HIRE MOTOR VEHICLES TO ESTABLISH AND
IMPLEMENT COMPREHENSIVE EDUCATIONAL PROGRAMS TO PROMOTE FOR-HIRE
MOTOR VEHICLE SAFETY. COMPLETION OF SUCH PROGRAMS WOULD RESULT IN AN
ACTUARIALLY-APPROPRIATE PREMIUM -- PREMIUM RATE REDUCTION.
ACTING SPEAKER JONES: MR. GARBARINO.
MR. GARBARINO: THANK YOU VERY MUCH, MR.
SPEAKER. WILL THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER JONES: WILL THE SPONSOR
YIELD?
MS. HYNDMAN: FOR YOU, YES.
MR. GARBARINO: AW, THANK YOU VERY MUCH.
ACTING SPEAKER JONES: THE SPONSOR YIELDS.
MS. HYNDMAN: I'M GONNA MISS YOU.
MR. GARBARINO: I'M BEING TREATED SO WELL TODAY.
THIS IS NICE. I SHOULD LEAVE ALL THE TIME.
(LAUGHTER)
MS. HYNDMAN, I JUST HAVE A COUPLE OF QUESTIONS.
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NYS ASSEMBLY JULY 21, 2020
WHO -- SO WHO CREATES THIS -- THIS CLASS?
MS. HYNDMAN: THE ASSOCIATION.
MR. GARBARINO: OKAY. AND NOW IS THE -- IS THE
CLASS -- DOES IT HAVE TO BE APPROVED BY ANYBODY OR DOES IT -- OR DO THEY
JUST MAKE IT?
MS. HYNDMAN: THE SUPERINTENDENT OF THE
DEPARTMENT OF -- DFS HAS TO APPROVE IT.
MR. GARBARINO: OKAY, SO THE SUPERINTENDENT
REVIEWS THE CLASS THAT'S -- THAT'S -- THAT'S CREATED AND THE SUPERINTENDENT
COMES UP WITH A DISCOUNT?
MS. HYNDMAN: YES, THE SUPERINTENDENT APPROVES
THE DISCOUNT.
MR. GARBARINO: WHO COMES UP WITH THE
DISCOUNT AND HOW MUCH IT IS?
MS. HYNDMAN: THE INSURERS DO. THE INSURANCE
COMPANIES.
MR. GARBARINO: THE INSURERS.
MS. HYNDMAN: YES.
MR. GARBARINO: NOW, WHAT IS THE DISCOUNT
BASED ON?
MS. HYNDMAN: THEY HAVE TO HAVE TAKEN THE --
WELL, THEY HAVE -- THE DRIVERS WOULD HAVE TO HAVE TAKEN THE COURSE THAT
THE ASSOCIATION -- THAT DFS APPROVES, AND THEN THE -- THEY WOULD GET
THE DISCOUNT.
MR. GARBARINO: OKAY. AND THE AMOUNT IS BASED
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ON -- WHO DETERMINES THE AMOUNT OF THIS WAS MY QUESTION. I'M SORRY.
MS. HYNDMAN: THE -- THE POLICY --
(PAUSE)
SO, THE INSURANCE COMPANY DETERMINES WHAT THE
ACTUAL DISCOUNT WOULD BE. THAT WOULD -- WE DON'T HAVE THAT NUMBER
YET.
MR. GARBARINO: OKAY. OKAY. IT WOULD VARY.
ALL RIGHT. NOW, I WAS READING THROUGH THE LEGISLATION AND IT TALKS
ABOUT WHAT HAS TO BE IN THE TEST AND THAT THE SUPERINTENDENT APPROVES
THE TEST, I GUESS. IT DOESN'T -- IT DOESN'T WHO'S REQUIRED TO TAKE THE TEST.
IS IT -- IS IT -- DOES EVERY DRIVER HAVE TO TAKE THE TEST?
MS. HYNDMAN: IF THEY WANT TO -- YEAH, IF -- IF THEY
WANT THE DISCOUNT THEN THEY'LL TAKE THE TEST. SO IT'S NOT MANDATORY, IT'S
NOT MANDATED. THE INDIVIDUAL DRIVERS CAN OPT TO TAKE IT, JUST LIKE AS AN
INDIVIDUAL I OPT FOR THE DEFENSIVE DRIVER TEST FOR THE DISCOUNT. SO, IT'S
UP TO THE DRIVER IF THEY WOULD WANT TO TAKE THE -- THE COURSE.
MR. GARBARINO: I -- I UNDERSTAND THAT. AND THEN
FOR US IT'S -- YOU KNOW, IT'S EASY TO DO IT BECAUSE WE TAKE THE COURSE, IT
TRAVELS WITH US TO WHATEVER CAR WE'RE -- WE'RE DRIVING. BUT, YOU KNOW,
A -- A FOR-HIRE DRIVER MIGHT BE ONE OF TEN THAT WORKS FOR A COMPANY,
AND THE -- THE BUS -- THE BUS IS, I THINK, WHAT YOU'RE BASING THIS ON --
THE BUSES MIGHT BE OWNED BY A COMPANY, THEY HAVE TEN DRIVERS. FOR
THE COMPANY TO GET THE DISCOUNT FOR ITS INSURANCE POLICY, DOES EVERY
DRIVER HAVE TO TAKE THE TEST, OR IF ONE DRIVER TAKES THE TEST IS THAT
ENOUGH? IT DOESN'T SEEM TO HAVE IT IN THE BILL.
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NYS ASSEMBLY JULY 21, 2020
MS. HYNDMAN: YEAH, I UNDERSTAND YOUR QUESTION.
THERE WAS MORE SPECIFIC TO THE COMMUTER VAN DRIVERS. AND THE
COMMUTER VAN DRIVERS OWN THEIR OWN VAN, WHICH IS OBVIOUSLY FOR EIGHT
PASSENGERS OR MORE, AND THIS WAS MORE DIRECTED TOWARDS THEM. YES, IT
WOULD BENEFIT SOME AMBULETTE AND BUS COMPANIES WHO HAVE,
UNFORTUNATELY, DUE TO COVID AND THE CHANGE IN THE LAW, UNFORTUNATELY
ARE NO LONGER IN OPERATION. BUT FOR THE ONES THAT ARE EXISTING, THIS IS
MORE SPECIFIC TO COMMUTER VANS. I -- SO IT WOULD BE -- FOR THOSE -- FOR
THOSE WHO WORK FOR BUS COMPANIES, THEY WOULD -- THE INDIVIDUAL
WOULD TAKE IT AND HAVE THE CERTIFICATE AND GIVE THAT TO THEIR ASSOCIATION.
MR. GARBARINO: BUT I'M -- BUT THE INDIVIDUAL --
WHAT I'M SAYING IS, SAY THERE'S, YOU KNOW, ONE COMPANY HAS TEN -- TEN
BUSES THAT FALL UNDER THIS, OR TEN VEHICLES THAT FALL UNDER THE DEFINITION,
MY QUESTION IS, DO ALL OF THE DRIVERS FOR THOSE VEHICLES, FOR THE -- FOR
THE COMPANY TO GET THE DISCOUNT ON ITS POLICY, DO ALL OF THEM HAVE TO
TAKE THE TEST? DO JUST PART OF THEM HAVE TO TAKE THE TEST? IF ONE OF
THEM LEAVES IN THE MIDDLE -- IN THE MIDDLE OF THE YEAR, DOES THE POLICY
RATE GO UP? I'M JUST -- ARE THESE --
MS. HYNDMAN: SO, THIS LEGISLATION DOESN'T
DETERMINE THAT. THE SUPERINTENDENT FOR DFS WOULD DETERMINE EXACTLY
WHAT THAT WOULD LOOK LIKE.
MR. GARBARINO: OKAY, SO THE -- THE REGULATIONS
-- THE SUPERINTENDENT WOULD COME UP WITH REGULATIONS THAT WOULD
DETERMINE --
MS. HYNDMAN: IF IT WAS EACH DRIVER OR THE
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ASSOCIATION WOULD HAVE A BLANKET, YEAH.
MR. GARBARINO: OKAY. ALL RIGHT. VERY -- THANK
YOU VERY MUCH, MS. HYNDMAN. I APPRECIATE THE ANSWERS.
ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. GARBARINO: MR. SPEAKER, THIS -- THE INCREASE
IN INSURANCE RATES ON THESE COMPANIES IS DUE TO THE LIMOUSINE ACCIDENT
THAT HAPPENED IN UPSTATE NEW YORK SEVERAL YEARS AGO, AND THE POLICIES
THAT WE CHANGED IN LAST YEAR'S BUDGET INCREASING THE LIMITS, THE POLICY
LIMITS FOR THESE TYPES OF VEHICLES. THIS -- YOU KNOW, WITH THOSE
INCREASED POLICY -- POLICY LIMITS, THE INSURANCE RATES WENT UP, WHICH
HAS STARTED TO HURT SOME OF THE OWNERS OF THESE COMPANIES. NOW
THEY'RE PROPOSING -- THIS BILL PROPOSES TO CREATE A CLASS, A SAFETY CLASS
THAT IT DOESN'T SEEM THAT THERE'S ANY -- THERE'S NO CONNECTION AS TO
WHETHER OR NOT IT WILL ACTUALLY MAKE THE DRIVER SAFER. THERE DOESN'T
SEEM TO BE ANY PROOF OR CONNECTION OR ANY OTHER STATE, I THINK, THAT
DOES THIS. AND I'M CONCERNED BECAUSE WE'RE NOW -- WE -- WE INCREASE
THE LIMITS, WHICH INCREASE THE RATES, BUT NOW WE'RE GOING TO USE THIS
SAFETY TEST THAT MIGHT ACTUALLY NOT BE -- MIGHT -- THAT MIGHT NOT ACTUALLY
MAKE THINGS SAFER. AND THAT -- THAT'S CONCERNING TO ME. I'M ALSO
CONCERNED ABOUT, YOU KNOW, HOW IT'S GOING TO APPLY TO THE COMPANIES
THAT HAVE ONE OR MORE DRIVER -- OR HAVE MORE THAN ONE DRIVER AND MORE
THAN ONE VEHICLE. I, YOU KNOW, I'D HAVE TO -- I GUESS IT'S GOING TO BE
ADDRESSING REGULATIONS, AS THE SPONSOR SAID. BUT THAT ALSO CONCERNED
ME BECAUSE IT WASN'T CLEAR IN THE LEGISLATION. I UNDERSTAND THE INTENT
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AND THE -- AND HOW IMPORTANT THESE FOR-DRIVER [SIC] VANS ARE IN THE
CITY. MAYBE A -- A MORE SPECIFIC TARGETED LEGISLATION WOULD --
SPECIFICALLY TARGETING THOSE WOULD HAVE BEEN HELPFUL HERE BECAUSE I
THINK THIS IS GOING TO TAKE IN A LOT MORE COMPANIES AND VEHICLES THAN
MAYBE THE SPONSOR INTENDED. I -- I LIKE THE IDEA OF THE BILL, BUT FOR THE
REASONS I'VE STATED, I -- I CAN'T SUPPORT IT AND I ENCOURAGE MY
COLLEAGUES ALSO TO VOTE NO.
THANK YOU.
ACTING SPEAKER JONES: THANK YOU, MR.
GARBARINO.
MS. HYNDMAN.
MS. HYNDMAN: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER JONES: ON THE BILL.
MS. HYNDMAN: SO TO MY COLLEAGUE'S CONCERN,
THERE ARE -- WE TRIED TO ASSIST THE COMMUTER VAN INDUSTRY WITH ONE BILL
BUT APPARENTLY THERE ARE MORE BILLS THAT ARE COMING. SO I WANT TO ALLAY
THE CONCERNS OF MY COLLEAGUE. SO, COMMUTER VAN DRIVERS IN THE CITY OF
NEW YORK HAVE TO HAVE A CLASSIFICATION OF A CDL LICENSE, CLASS C.
THEY HAVE TO HAVE AN OPTICAL CERTIFICATION. THEY HAVE TO BELONG TO A
BASE. THEY HAVE TO HAVE A MEDICAL EVERY TWO YEARS. THEY HAVE TO
TAKE A DEFENSIVE DRIVER'S COURSE. IN NEW YORK CITY THEY HAVE TO APPLY
FOR A HACK LICENSE FROM THE TLC. THEY'RE FINGERPRINTED. THEY HAVE TO
HAVE BACKGROUND CHECKS FROM THE CITY AND THE STATE. AND DRIVING IN
NEW YORK CITY, AS YOU KNOW, CAN BE A CHALLENGE FOR SOME PEOPLE. SO
WITH ALL OF THESE -- WITH ALL OF THESE CLASSIFICATIONS THAT THE COMMUTER
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VAN DRIVERS HAVE TO TAKE, THIS COURSE WOULD JUST ENHANCE THEIR ABILITY TO
MAKE SURE THAT THE PASSENGERS THAT THEY TAKE IN NEW YORK CITY,
PARTICULARLY IN QUEENS AND BROOKLYN, ARE SAFE. THE COMMUTER VANS
THAT ARE AFFECTIONATELY KNOWN IN OUR COMMUNITIES AS "DOLLAR VAN"
DRIVERS, AND A LOT OF THEM ARE FROM THE WEST INDIES, FROM THE
CARIBBEAN. AND THEY HAVE SUPPLANTED IN SOME CASES THE BUS SYSTEMS
THAT EXIST. AND ONLY THEY'VE BEEN ABLE TO GROW BECAUSE OF DELAYED
BUSES OR NO BUSES AT ALL. SO THIS INDUSTRY OF ENTREPRENEURS HAS GROWN
IN NEW YORK CITY. THEY -- A LOT OF MY CONSTITUENTS HAVE RELIED ON
THEM TO GET BACK AND FORTH TO THE SUBWAY STATION EVERY MORNING
BECAUSE IN MY COMMUNITY THERE'S NO SUBWAY STATION. YOU HAVE TO
TAKE A BUS, AND IF THE BUSES DON'T COME, YOU TAKE WHAT'S KNOWN AS THE
DOLLAR VAN.
AND SO I'D LIKE TO THANK PROGRAM AND COUNSEL FOR
THEIR -- FOR THEIR HELP IN GETTING THIS LEGISLATION AND MORE LEGISLATION TO
COME. I'D LIKE TO REALLY THANK THEM FOR WORKING WITH ME ON THIS BILL.
I'D ALSO LIKE TO THANK MR. HECTOR RICKETTS, WHO'S ALSO A CONSTITUENT OF
MINE, WHO WORKS REALLY HARD TO MAKE SURE THAT THE COMMUTER VANS ARE
RECOGNIZED AS A VIABLE SOURCE OF TRANSPORTATION IN THE CITY AND THE
STATE OF NEW YORK, AND THE AMOUNT OF QUALIFICATIONS THEY HAVE TO GO
THROUGH TO BE A LICENSED COMMUTER VAN DRIVER. I STRESS THAT WORD
"LICENSED" BECAUSE WE KNOW OF THE IMPACT OF SOME OF THE UNLICENSED
VEHICLES WHO DON'T DO ANY OF THIS AND STILL ARE ABLE TO TRANSPORT
INDIVIDUALS. SO THIS IS ALSO MAKING SURE THAT THEY'RE IN COMPLIANCE,
AND WILL CONTINUE TO DRIVE SAFELY IN THE CITY OF NEW YORK, PARTICULARLY
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IN THE 29TH ASSEMBLY DISTRICT.
THANK YOU, MR. SPEAKER. I WILL BE VOTING NO [SIC] AND
I ENCOURAGE MY COLLEAGUES TO DO THE SAME.
I'M VOTING YES. SORRY.
ACTING SPEAKER JONES: I THINK YOU'RE IN THE
AFFIRMATIVE, MS. HYNDMAN.
(LAUGHTER)
MS. HYNDMAN: I AM. EXCUSE ME.
ACTING SPEAKER JONES: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON CALENDAR NO. 471. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO WISH TO
SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN
PROPERLY RECORD YOUR VOTE.
THANK YOU VERY MUCH, SIR.
ACTING SPEAKER JONES: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS WILL BE A PARTY VOTE IN THE AFFIRMATIVE. WE ARE ASKING
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COLLEAGUES WHO DESIRE TO VOTE IN THE NEGATIVE, THEY SHOULD CONTACT OUR
OFFICES AND WE'LL BE HAPPY TO RECORD YOUR VOTE.
THANK YOU.
ACTING SPEAKER JONES: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THE INSURANCE
INDUSTRY ENGAGES IN VERY SOPHISTICATED AND COMPREHENSIVE RISK
ANALYSIS IN DETERMINING WHAT THEIR INSURANCE RATES SHOULD BE FOR
DIFFERENT VEHICLES. AND SO THEY TRACK VERY CAREFULLY WHAT KIND OF
LOSSES THEY GET FOR WHICH TYPE OF VEHICLES AND WHICH TYPE OF DRIVERS SO
THAT THEY CAN PROPERLY PRICE THE PREMIUM. AND AS WE'VE SEEN WITH
MULTIPLE ADS, THERE'S A NUMBER OF WAYS THEY TRY TO GET A COMPETITIVE
ADVANTAGE BY OFFERING LOWER PREMIUMS. WHETHER IT'S THE ALLSTATE SAFE
DRIVER PROGRAM, FOR EXAMPLE, WHERE THERE'S AN APP, APPARENTLY, THAT
RESULTS IN A REDUCED PREMIUM FOR SAFE DRIVERS WHICH IS BASED ON
ACTUARIAL STUDIES. OR WHETHER IT'S LIBERTY, THAT WRITES ONLY WHAT YOU
NEED, OR WHETHER IT'S GEICO YOU GIVE THEM A CALL AND 15 MINUTES LATER
YOU'LL FIND OUT HOW YOU FARE. BUT IT'S A VERY SOPHISTICATED PROCESS. IT
IS A SOPHISTICATED PROCESS THAT WE DO NOT ENGAGE IN HERE IN THE
LEGISLATURE. WE NEITHER HAVE THE DATA NOR THE ABILITY NOR THE EXPERTISE
TO DO THAT TYPE OF SOPHISTICATED ACCOUNTING AND RATE SETTING. AND THAT'S
WHY WE SHOULD BE VERY HESITANT ABOUT PASSING LEGISLATION THAT
MANDATES A REDUCTION IN INSURANCE PREMIUMS THAT IS NOT ACTUARIALLY
BASED. BECAUSE IF YOU TAKE ONE GROUP OF INSUREDS AND REQUIRE
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INSURANCE COMPANIES TO PROVIDE A LOWER INSURANCE RATE TO THEM THAT'S
NOT ACTUARIALLY BASED, THEN THEY HAVE NO CHOICE BUT TO RAISE THE RATES
FOR EVERYONE ELSE. AND WE SHOULD NOT USE THE INSURANCE COMPANIES AS
A WAY OF COLLECTING MONEY FROM SOME PEOPLE TO PAY FOR HIGHER RISKS
THAT ARE INCURRED BY OTHERS.
FOR THAT REASON, I'LL BE OPPOSING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
CROUCH IN THE AFFIRMATIVE ON THE LEGISLATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
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 OUR NEXT ITEMS ON OUR DEBATE LIST, WE'RE GOING TO GO TO
RULES REPORT NO. 153 BY MS. PAULIN, NO. 154 BY MR. PICHARDO, NO.
159 BY MR. O'DONNELL AND NO. 170 BY MS. HUNTER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01193-C, RULES
REPORT NO. 153, PAULIN, COOK, CYMBROWITZ, ABINANTI, GUNTHER,
WEPRIN, HEVESI, RYAN, STIRPE, BUCHWALD, DIPIETRO, BRABENEC, BLAKE,
FAHY, ORTIZ, COLTON, NORRIS, BARRETT, PHEFFER AMATO, DINOWITZ, LALOR,
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NYS ASSEMBLY JULY 21, 2020
ZEBROWSKI, STECK, HUNTER, BRONSON, SOLAGES, PEOPLES-STOKES, DE LA
ROSA, B. MILLER, GARBARINO, MORINELLO, FITZPATRICK, DICKENS,
MAGNARELLI, PICHARDO, SANTABARBARA, GIGLIO, D. ROSENTHAL, KIM,
RODRIGUEZ, ABBATE, JONES, ARROYO, VANEL, MCDONOUGH, AUBRY, L.
ROSENTHAL, ENGLEBRIGHT, LAVINE, D'URSO, JAFFEE, JOYNER, SEAWRIGHT, M.
L. MILLER, FERNANDEZ, FALL, BURKE, REILLY, REYES, SALKA, WALLACE,
JACOBSON, JEAN-PIERRE, MOSLEY, MANKTELOW, TAYLOR, BENEDETTO, STERN,
GRIFFIN, BUTTENSCHON, MALLIOTAKIS, EICHENSTEIN, LUPARDO, WOERNER.
AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE USE OF ORAL
MEDICATIONS BY OPTOMETRISTS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: YES. THIS BILL AUTHORIZES LICENSED
OPTOMETRISTS TO RECEIVE CERTIFICATION TO PRESCRIBE CERTAIN ORAL
MEDICATIONS; TEN OF THEM.
ACTING SPEAKER AUBRY: MR. -- MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD FOR A FEW QUESTIONS?
MS. PAULIN: SURE.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. RA: THANK YOU. AS I MENTIONED THE OTHER DAY
WHEN -- WHEN THIS WENT THROUGH WAYS AND MEANS, MANY OF US, I'M
SURE NONE MORE THAN YOU, BUT MANY OF US WHO HAVE SERVED ON THE
HIGHER ED COMMITTEE AT SOME POINT OVER THE YEARS ARE VERY FAMILIAR
WITH THIS ISSUE, AND PROBABLY HAVE HAD COUNTLESS MEETINGS AND
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CONVERSATIONS WITH BOTH THE OPHTHALMOLOGISTS AND THE OPTOMETRISTS
ABOUT THE ISSUE. SO, I JUST WANTED TO GO THROUGH A LITTLE BIT, BECAUSE I
KNOW THERE HAVE BEEN DIFFERENT ITERATIONS OF THIS BILL OVER THE YEARS,
DIFFERENT REQUIREMENTS ON OPTOMETRISTS THAT WILL ALLOW THEM TO
PRESCRIBE. SO, I WANT TO START THERE, THOUGH. CURRENTLY IN NEW YORK
STATE, OPTOMETRISTS ARE SOLELY ALLOWED TO PRESCRIBE DROPS AND THINGS OF
THAT NATURE; IS THAT CORRECT?
MS. PAULIN: TOPICAL.
MR. RA: TOPICAL. AND THIS WOULD ALLOW THEM TO
PRESCRIBE ORAL MEDICATION?
MS. PAULIN: YES.
MR. RA: OKAY. NOW, YOU KNOW, LOOKING THROUGH, I
KNOW THAT, YOU KNOW, THROUGHOUT THE UNITED STATES I'VE SEEN, I GUESS,
STATISTICS THAT IT'S US AND MASSACHUSETTS THAT HAVE THIS LEVEL OF
LIMITATION ON THE OPTOMETRISTS, BUT I THINK IT VARIES THROUGHOUT THE
COUNTRY HOW, YOU KNOW, WHAT TYPES OF MEDICATIONS OPTOMETRISTS ARE
ABLE TO ADMINISTER. UNDER THIS, HOW -- HOW, YOU KNOW, HOW IS THAT
GOING TO BE DETERMINED, WHAT THEY CAN AND CAN'T PRESCRIBE? CAN THEY
PRESCRIBE A FULL COMPLIMENT OF -- OF MEDICATIONS FOR -- FOR EYE DISEASES
AND DISORDERS AND -- AND AILMENTS, OR IS IT LIMITED TO CERTAIN CLASSES OR
CERTAIN TYPES OF ISSUES?
MS. PAULIN: YES, IT'S -- IT'S LIMITED. IT'S LIMITED IN
THE LAW. IT'S VERY PRESCRIPTIVE AS FAR AS WHAT CAN BE PRESCRIBED BY OR
ADMINISTERED BY THE OPTOMETRIST. IT'S -- IT'S OUTLINED EXPLICITLY IN THE
LAW.
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NYS ASSEMBLY JULY 21, 2020
MR. RA: OKAY. DO YOU -- WITH THE PASSAGE OF THIS,
IF THIS WERE TO BE ENACTED INTO LAW, I MEAN, WOULD THAT TAKE US ON PAR
WITH A LOT OF OTHER STATES, MORE, YOU KNOW, OR WOULD WE BE GIVEN
BIGGER -- MORE PERMISSIONS, I GUESS, TO OPTOMETRISTS THAN MOST STATES
DO?
MS. PAULIN: ALL BUT ONE STATE ALLOWS FOR ORALS TO BE
ADMINISTERED BY OPTOMETRISTS BESIDES US, SO THERE'S TWO OUTLIERS. AND
IT DOESN'T TAKE US AS FAR AS MOST OTHER STATES, BUT IT CERTAINLY PUTS US
MUCH CLOSER IN LINE WITH SOME. WE STILL WOULD NOT BE ONE OF THOSE
STATES THAT I WOULD DESCRIBE AS VERY LIBERAL IN TERMS OF ADMINISTERING
ORALS, BUT IT ALLOWS SOME OF THE VERY BASIC ORALS TO BE ADMINISTERED BY
THE OPTOMETRISTS IN NEW YORK.
MR. RA: OKAY. AND IF WE CAN JUST GO THROUGH, YOU
KNOW, A FEW ITEMS AS, YOU KNOW, YOU'RE VERY AWARE ONE OF THE -- OR
SEVERAL OF THE CONCERNS THAT HAVE BEEN RAISED WITH THIS DEAL WITH THE
TRAINING INVOLVED, YOU KNOW, AND I THINK WE -- WE SEE THIS ON ANY TYPE
OF SCOPE OF PRACTICE, YOU KNOW, RELATED BILL, DIFFERENT PROFESSIONS,
LICENSED PROFESSIONALS, YOU KNOW, GO THROUGH DIFFERENT LEVELS OF
EDUCATION, DIFFERENT LEVELS OF CLINICAL TRAINING AND ARE, AS A RESULT,
PERMITTED TO DO CERTAIN TYPES OF WORK OR NOT PERMITTED TO DO CERTAIN
TYPES OF WORK.
SO, YOU KNOW, ONE OF THE OBJECTIONS THAT HAS BEEN
RAISED WITH THIS WAS THAT A PREVIOUS -- A PREVIOUS VERSION BASICALLY
REQUIRED A -- A LEVEL OF SOMEWHAT COMPARABLE TRAINING TO WHAT AN
OPHTHALMOLOGIST WOULD GO THROUGH BEFORE ALLOWING THE OPTOMETRIST TO
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NYS ASSEMBLY JULY 21, 2020
-- TO PRESCRIBE THE ORAL MEDICATIONS. WHAT IS THE TRAINING REQUIREMENT
UNDER THIS VERSION OF THE BILL?
MS. PAULIN: I'M SO GLAD YOU ASKED THAT QUESTION.
SO, AN OPTOMETRIST HAS FOUR YEARS OF SCHOOLING, AND AN OPTOMETRIST'S
SCHOOLING ON PHARMACEUTICALS, ON DRUGS IS ALMOST IDENTICAL TO WHAT AN
OPHTHALMOLOGIST GETS IN SCHOOL; IN FACT, VERY MANY OF THE SAME -- WE
HAVE A VERY, VERY PRESTIGIOUS SCHOOL RIGHT IN NEW YORK CITY AND THE
SAME PROFESSORS THAT TEACH OPHTHALMOLOGISTS AT SOME OF THE MEDICAL
SCHOOLS ARE THE SAME ONES THAT TEACH THE OPTOMETRISTS AT THE OPTOMETRY
SCHOOL. SO, THE LEVEL OF EDUCATION COMING OUT OF SCHOOL IS VERY
SIMILAR. IN TERMS OF CONTINUING EDUCATION, YOU KNOW, NEW YORK STATE
DOESN'T REQUIRE AN OPHTHALMOLOGIST TO HAVE ANY CONTINUING EDUCATION.
THEY MAY GET CONTINUING EDUCATION AS PART OF THE REQUIREMENT TO BE
ADMITTED TO A HOSPITAL, BUT NEW YORK STATE, UNLIKE MOST STATES, DOESN'T
REQUIRE CONTINUING EDUCATION. I HAVE ANOTHER BILL ON THAT.
THE OPTOMETRIST, HOWEVER, DOES ALREADY HAVE
CONTINUING EDUCATION FOR 36 HOURS, AND THIS WOULD ADD ANOTHER 18 THAT
WOULD BE SPECIFIC TO -- TO THIS ISSUE, TO ADMINISTERING ORALS. SO, I
WOULD ARGUE THAT THE CURRENT BILL, AS OUTLINED, ACTUALLY HAS MUCH MORE
EDUCATION INVOLVED IN ADMINISTERING AN ORAL THAN AN OPHTHALMOLOGIST
WOULD HAVE. THE OPHTHALMOLOGIST WOULD GET THEIR CONTINUING
EDUCATION, SO-TO-SPEAK, FROM DRUG -- FROM THOSE WHO ARE TRYING TO SELL
THEM DRUGS. THIS WOULD BE MUCH MORE OBJECTIVE IN IT'S -- AND PURE IN
IT'S -- IN IT'S -- IN IT'S CONTINUING EDUCATION MODE.
MR. RA: OKAY. AND SO, THAT IS, I GUESS, AN
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OPTOMETRIST THEN WOULD DO THAT SPECIFIC 18 HOURS, YOU KNOW, AT
WHATEVER POINT, WHETHER, YOU KNOW, IT'S COMING OUT OF SCHOOL AND
THEY'RE NEW OR MAYBE THEY'VE BEEN PRACTICING FOR YEARS, SO THEY WOULD
DO THAT ONE TIME AND THEN THEY WOULD BASICALLY, I DON'T KNOW HOW YOU
-- HOW YOU WOULD CONSIDER IT, BUT I GUESS THEY HAVE THAT NOW NEW BIT
OF ABILITY TO PRESCRIBE THE ORAL MEDICATION ONCE THEY'VE COMPLETED THAT
COURSE?
MS. PAULIN: SO, AN OPTOMETRIST HAS 36 REQUIRED
CONTINUING EDUCATION CREDITS ANNUALLY, AND THIS WOULD ADD 18 THAT THEY
WOULD HAVE TO DO IF THEY CHOSE TO -- TO GET A CERTIFICATE IN, YOU KNOW,
IN ADMINISTERING ORALS. IT WOULD BE A SEPARATE CERTIFICATE THAT THEY
WOULD BE REQUIRED BY NEW YORK STATE -- STATE EDUCATION DEPARTMENT
THAT THEY WOULD ASK FOR THAT THEY WOULD BE ALLOWED TO GET IF THEY
GRADUATED IN 2021 AND BEYOND. BEFORE THAT, THEY WOULD HAVE TO TAKE A
COURSE, 40 HOUR COURSE AND THEN THEY WOULD HAVE TO TAKE A TEST, AND
THEN, IF PASSED, THEY WOULD GET A CERTIFICATE AND THEN THEY WOULD BE
OBLIGATED TO MAINTAIN THEIR CERTIFICATE BY TAKING THE CONTINUING
EDUCATION CLASSES.
MR. RA: OKAY. AND I'M SURE YOU'RE AWARE, ONE OF
THE OTHER THINGS THAT HAS BEEN BROUGHT UP IS THAT UNDER A PREVIOUS
VERSION, THERE WAS THIS KIND OF OVERSIGHT COMMITTEE THAT WOULD'VE BEEN
HOUSED WITHIN THE STATE EDUCATION DEPARTMENT THAT -- THAT ESSENTIALLY
WOULD'VE, IN THE, I GUESS INFANCY OF -- OF THIS NEW ABILITY FOR
OPTOMETRISTS TO PRESCRIBE ORALS WOULD'VE BEEN TASKED WITH, KIND OF, YOU
KNOW, REVIEWING WHAT -- WHAT THOSE PROFESSIONALS WERE PRESCRIBING FOR
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AND -- AND GATHERING SOME INFORMATION. WHAT -- WHAT'S THE REASON FOR
THAT NO LONGER BEING PART OF THE BILL?
MS. PAULIN: WELL, IT WAS, AS YOU SAY, IT WAS AGREED
TO BY BOTH PROFESSIONS, BUT REMEMBER -- YOU KNOW, WE HAVE TO
REMEMBER THAT THE STATE EDUCATION DEPARTMENT HAS OVERSIGHT OVER THE
PROFESSIONS, AND WHEN WE GAVE THAT SECTION TO THEM THEY FELT THAT IT
WAS EXTRAORDINARILY EXPENSIVE AND UNNECESSARY TO HAVE THAT REVIEW,
THAT THEY WERE VERY CAPABLE OF DOING THE REVIEW, THAT THE REVIEW WAS
NOT GOING TO BE DONE IN A TIMELY WAY. THERE WAS GOING TO BE A 90-DAY
LAG, SO THAT -- IT MADE NO SENSE, THAT IT WOULDN'T ADD TO THE OVERSIGHT OF
THE PROFESSION AND WOULD ONLY ADD TO THE EXPENSE OF SED AT A TIME,
FRANKLY, WHERE WE CAN'T AFFORD TO ADD ADDITIONAL COST TO THAT
DEPARTMENT, CONSIDERING ALL THAT'S HAPPENING WITH EDUCATION AND THE
PROBLEMS THAT WE'RE FACING WITH COVID AND ET CETERA.
MR. RA: OKAY. NOW, SO THE OVERSIGHT THAT'S STILL
THERE AND, OBVIOUSLY, YOU KNOW, THE DEPARTMENT OF EDUCATION, LIKE
YOU SAID, OVERSEES, YOU KNOW, MANY OF THESE -- THESE LICENSED
PROFESSIONALS. IS THERE ANY REQUIREMENT THOUGH, NOW, IN TERMS OF, YOU
KNOW, GATHERING THAT DATA OVER TIME OF WHAT IS BEING PRESCRIBED, WHAT
TYPE OF AILMENTS PEOPLE ARE SEEING OPTOMETRISTS FOR SO THAT, YOU KNOW,
AS WE GO INTO THE FUTURE IF WE WERE TO NEED TO REEVALUATE WHAT, YOU
KNOW, AN OPTOMETRIST CAN PRESCRIBE FOR OR NOT PRESCRIBE FOR, IS THERE
OVERSIGHT TO COLLECT THAT DATA UNDER THE CURRENT VERSION OF THE BILL?
MS. PAULIN: WELL, I WOULD ARGUE THAT, YOU KNOW,
BECAUSE OF THE COOPERATIVE RELATIONSHIP BETWEEN OPTOMETRISTS AND
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OPHTHALMOLOGISTS IN THE GENERAL WORLD AND THE LIMITED -- THE LIMITED
NATURE OF THE DRUGS THAT WE'RE TALKING ABOUT, PARTICULARLY AS IT RELATES TO
GLAUCOMA, WHICH IS ONLY A 24-HOURS AND, YOU KNOW, THAT THE OVERSIGHT
SOMEWHAT COMES FROM THE PRACTICE LIKE IT DOES FOR OTHER PROFESSIONS,
AND I WOULD ALSO SAY THAT SED TAKES THEIR OVERSIGHT RESPONSIBILITY VERY
SERIOUSLY, AS THEY DO FOR ALL OF THE PROFESSIONS, AND WHATEVER
MECHANISM THEY USE, I WOULD HAVE CONFIDENCE IN.
MR. RA: OKAY. AND I THINK THE LAST THING I WANTED
TO JUST ASK ABOUT, YOU KNOW, I'M WELL-AWARE THAT ONE OF THE, YOU KNOW,
ARGUMENTS AND I THINK REASONS THAT YOU'VE WORKED ON THIS BILL FOR MANY
YEAR IS -- IS ACCESS AND THAT, PERHAPS, THERE ARE, YOU KNOW, PLACES IN
THIS STATE THAT WOULD BENEFIT FROM OPTOMETRISTS HAVING THIS ABILITY,
BECAUSE MAYBE THERE'S NOT A TON OF OPHTHALMOLOGISTS IN -- IN THOSE
AREAS AND, CERTAINLY, YOU KNOW, WE ALL KNOW THAT THERE ARE ANY NUMBER
OF -- OF HEALTH ISSUES THAT CAN ORIGINATE WITH THE EYE AND, YOU KNOW,
SPREAD -- SPREAD ELSEWHERE AND CAUSE OTHER HEALTH CONCERNS. IS THERE
ANY REQUIREMENTS HERE IN TERMS OF, YOU KNOW, THE DURATION OF THAT TYPE
TREATMENT FOR AN OPTOMETRIST TO -- TO, YOU KNOW, REFER IN THE FUTURE TO
AN OPHTHALMOLOGIST OR, YOU KNOW, TREAT FOR SOME LIMITED AMOUNT OF
TIME, OR IS IT KIND OF OPEN-ENDED IN THAT REGARD?
MS. PAULIN: WELL, YOU KNOW, I WOULD SAY THAT, YOU
KNOW, EVERYWHERE IN THIS STATE THIS BILL IS GOING TO HAVE A BENEFICIAL
IMPACT FOR -- FOR CLIENTS AND FOR PATIENTS. AND THE REASON THAT IS IS
BECAUSE, YOU KNOW, OPHTHALMOLOGISTS DON'T TYPICALLY WORK ON THE
WEEKENDS AND, YOU KNOW, IF AN OPTOMETRIST SAW, FOR EXAMPLE,
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SOMEONE THAT HAD GLAUCOMA, WHICH YOU CAN GO BLIND FOR -- GO BLIND
FROM, THEY WOULD HAVE AN ABILITY ON A 24-HOUR BASIS TO -- TO HELP THAT
PATIENT GET TO AN APPROPRIATE OPHTHALMOLOGIST AND -- AND IT WOULD
FACILITATE PERHAPS A MUCH BETTER OUTCOME FOR THAT PATIENT. SO, I
WOULDN'T SUGGEST THAT IT'S ONLY BECAUSE OF SCARCITY FROM
OPHTHALMOLOGISTS. I WOULD SAY PART OF THE SCARCITY IS THE LIMITED HOURS
OF THE NATURE OF MDS, YOU KNOW, JUST GENERALLY. BECAUSE IF SOMEONE
WITH AN EYE ISSUE - I WAS JUST SPEAKING TO AN OPTOMETRIST A FEW DAYS
AGO - SOMEONE WITH AN EYE ISSUE, A SERIOUS EYE ISSUE LIKE WE'RE TALKING
ABOUT NEEDS INSTANT OR IMMEDIATE MEDICAL CARE, THE OPTOMETRIST SEEING
THAT DOESN'T HAVE AN ABILITY TO DO ANYTHING BUT SEND THEM TO AN
EMERGENCY ROOM. AND THOSE EMERGENCY ROOM DOCTORS DON'T REALLY
KNOW ABOUT MUCH ABOUT THE EYE. SO, IT'S A REAL PROBLEM NOW AND
OUTCOMES ARE IN JEOPARDY. THIS WILL BENEFIT EVERY SINGLE PATIENT IN --
IN NEW YORK STATE BECAUSE OF THE SHORT -- THE SHORT ABILITY THAT, YOU
KNOW, WE'RE NOT GIVING THEM AN EXTENSIVE ABILITY. WE'RE GIVING THEM A
VERY LIMITED ABILITY TO SOLVE ISSUES LIKE PINK EYE. YOU KNOW, DO YOU
REALLY WANT TO TELL SOMEONE THAT THEY HAVE TO NOT TOUCH AND ITCH FOR,
YOU KNOW, FOR TWO DAYS BEFORE THEY CAN SEE AN OPHTHALMOLOGIST? I
DON'T THINK SO. I THINK THIS IS MUCH BETTER. AND DO WE REALLY WANT TO
TELL SOMEONE THAT HAS GLAUCOMA THAT YOU HAVE THE POTENTIAL OF GOING
BLIND, GO TO THE EMERGENCY ROOM AND HOPE THAT THEY'RE GOING TO BE ABLE
TO FIND AN OPHTHALMOLOGIST TO COME SEE YOU? I DON'T THINK SO.
SO, I THINK THAT, YOU KNOW, WE'RE TALKING ABOUT VERY
LIMITED AMOUNT OF DRUGS, VERY LIMITED; TEN DRUGS, TEN ORAL MEDICATIONS.
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AND THEY ARE VERY, VERY LIMITED IN WHAT THEY CAN DO IN TERMS OF THE
NATURE OF THAT AND THE HOURS THAT THEY CAN PRESCRIBE FOR. SO, I JUST THINK
OVERALL THIS IS GOING TO BE SUCH A POSITIVE OUTCOME FOR EVERYBODY IN
NEW YORK STATE REGARDLESS OF WHERE THEY LIVE.
MR. RA: THANK YOU VERY MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: I KNOW MY -- MY TIME IS SHORT, BUT I THANK
MS. PAULIN FOR HER TAKING THE TIME TO ANSWER MY QUESTIONS. AS I SAID,
HAVING HAD THE OPPORTUNITY TO SERVE ON THE HIGHER EDUCATION
COMMITTEE, I THINK BEFORE I GOT HERE AND BEFORE I SERVED ON THAT
COMMITTEE, YOU KNOW, I THOUGHT THAT COMMITTEE WAS ALL GOING -- BE
ALL ABOUT COLLEGES AND UNIVERSITIES, AND THEN I FOUND OUT WE DEALT QUITE
A LOT WITH LICENSED PROFESSIONS. AND I STARTED TO LEARN ABOUT ALL THESE
SCOPE OF PRACTICE ISSUES AND MANY OF YOU, YOU KNOW, WE GET VISITED
DURING THE LEGISLATIVE SESSION. I KNOW LIKE ONE GROUP GIVES OUT THIS
WHEEL THAT SHOWS ALL THE DIFFERENT TRAINING THE DIFFERENT MEDICAL
PROFESSIONALS GO THROUGH. SO, I THINK THAT IS PARAMOUNT HERE IS MAKING
SURE THE TRAINING IS THERE WHEN SOMEBODY IS PRESCRIBING ORAL
MEDICATIONS, AND THAT IS MY CONCERN WITH THIS PIECE OF LEGISLATION
TODAY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MAGNARELLI.
(PAUSE)
READ THE LAST SECTION.
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THE CLERK: THIS ACT SHALL TAKE EFFECT IN 540 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON CALENDAR -- ON RULES REPORT NO. 153. THIS IS A FAST ROLL
CALL. ANY MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED
TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. I'VE NEVER PARTICULARLY LIKED THE BILL. I HAVE FELT THAT THE CLAIM OF
SUFFICIENT TRAINING FOR MEDICATIONS THAT ARE SYSTEMIC - ONCE YOU INGEST
SOMETHING IT'S NO LONGER TOPICAL - THAT THERE ARE INTERACTIONS THAT COULD
OCCUR, THAT AN OPTOMETRIST IS NOT THE PERSON WHO SHOULD GIVE SOMEBODY
ANY ONE OF THESE MEDICATIONS. I UNDERSTAND THE ISSUE OF ACCESS AND I'M
SENSITIVE TO THAT, BUT I DO THINK THAT IF SOMEBODY IS GOING TO HAVE
SOMETHING THAT COULD INTERACT WITH MEDICATIONS THAT THEY ARE ALREADY
TAKING, AN OPTOMETRIST IS NOT THE PERSON WHO IS BEST SITUATED TO MAKE
THOSE DETERMINATIONS. AND SO, I WITHDRAW MY REQUEST AND VOTE IN THE
NEGATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
NEGATIVE.
MR. MONTESANO TO EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU, MR. SPEAKER. I JUST
WANT TO ECHO THE COMMENTS OF MY COLLEAGUES AND OUR COLLEAGUE FROM
MANHATTAN. WHILE I UNDERSTAND THE -- THE WORK THAT'S DONE BY
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OPTOMETRISTS, ESPECIALLY IN TODAY'S TIME AND THEIR EDUCATION HAS
CHANGED A LITTLE BIT, THEY STILL DON'T HAVE THAT TRAINING IN PHARMACOLOGY
AND IN MEDICINE. AND THE POSITION FOR MANY OF THE OPHTHALMOLOGISTS
IS, IS THAT IF SOMEONE IS GOING TO AN OPTOMETRIST AND HAS CERTAIN EYE
DISEASES AND CONDITIONS THAT REQUIRE THE -- THE PRESCRIBING OF THESE
TYPES OF ORAL MEDICATIONS THAT THEY WANT TO GIVE, IT'S INDICATIVE OF
SERIOUS PROBLEMS THAT AN OPTOMETRIST SHOULDN'T BE TREATING TO BEGIN
WITH; THEY SHOULD BE TREATED BY AN OPHTHALMOLOGIST. SO, FOR THAT
REASON I WILL BE VOTING IN THE NEGATIVE ON THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MR. MONTESANO IN THE
NEGATIVE.
MR. FITZPATRICK TO EXPLAIN HIS VOTE.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER.
THANK YOU, MR. SPEAKER. THE -- ONE OF THE -- ONE OF THE ISSUES THAT I
DID NOT HEAR ANY DISCUSSION OF DURING THIS DEBATE IS THE FACT THAT ARE 15
COUNTIES, AS I UNDERSTAND, THAT DO NOT HAVE OPHTHALMOLOGISTS OR
OPHTHALMOLOGY SERVICES AVAILABLE TO THEIR RESIDENTS. SO, I THINK THIS
BILL IS A REASONABLE COMPROMISE. I KNOW WHEN I TALKED TO MY OWN
OPHTHALMOLOGIST, HE GETS VERY PASSIONATE ABOUT THESE ISSUES AND
BELIEVES OPTOMETRISTS DO NOT HAVE THE TRAINING, THE PRACTICE OR TO -- TO
EXPAND THEIR SCOPE; HOWEVER, HE HAS AN OPTOMETRIST ON HIS STAFF. SO, I
THINK, YOU KNOW, THOSE OF US WHO LIVE DOWNSTATE IN NEW YORK CITY
AND HAVE EASY ACCESS TO AN OPHTHALMOLOGIST WOULD CERTAINLY GO TO AN
OPHTHALMOLOGIST BEFORE WE GO TO AN OPTOMETRIST. BUT IF YOU LIVE IN A
RURAL COUNTY WHERE YOU DON'T HAVE AN OPHTHALMOLOGIST AVAILABLE AND
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YOU DO HAVE AN EMERGENCY OR A SITUATION THAT NEEDS IMMEDIATE
ATTENTION, AN OPTOMETRIST CAN PROVIDE THAT LINK OR THAT BRIDGE UNTIL YOU
CAN GET TO A DOCTOR OR AN OPHTHALMOLOGIST. SO, I THINK IT'S REASONABLE
AND I'M HAPPY TO SUPPORT IT. THANK YOU.
ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD YOU PLEASE
RECORD THE FOLLOWING REPUBLICAN MEMBERS IN THE NEGATIVE ON THIS
LEGISLATION: MR. BYRNE, MR. DESTEFANO, MS. MILLER, MR. MONTESANO,
MR. SMITH, MR. GARBARINO, MR. MCDONOUGH, MR. DIPIETRO AND MS.
BYRNES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUES, MS. GLICK, WHO I THINK YOU
ALREADY HAVE, MS. MCMAHON AND MRS. GUNTHER IN THE NEGATIVE ON THIS
BILL.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02277, RULES REPORT
NO. 154, PICHARDO, SAYEGH, ARROYO, REYES. AN ACT TO AMEND THE
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WORKERS' COMPENSATION LAW, IN RELATION TO EXTENDING PAID FAMILY
LEAVE BENEFITS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. PICHARDO.
MR. PICHARDO: CERTAINLY, MR. SPEAKER, AND
HAPPY TO DO SO. THIS BILL, WHAT IT DOES, IT EXTENDS PAID FAMILY LEAVE
BENEFITS TO EMPLOYEES WHO PERFORM CONSTRUCTION, DEMOLITION,
RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIRS, RENOVATIONS,
ALTERATIONS OR IMPROVEMENTS FOR MULTIPLE EMPLOYERS PURSUANT TO A
PROTECTED -- TO A COLLECTIVE BARGAINING AGREEMENT WHO SHALL BE ELIGIBLE
FOR FAMILY LEAVE BENEFITS IF THEY'RE EMPLOYED FOR AT LEAST 26 OF THE LAST
39 WEEKS BY ANY COVERED EMPLOYER, WHICH IS A SIGNATORY TO A
COLLECTIVE BARGAINING AGREEMENT.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: DO YOU YIELD, MR.
PICHARDO.
MR. PICHARDO: HAPPY TO DO SO, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. PICHARDO. AS I
UNDERSTAND THIS LANGUAGE, A -- AN EMPLOYEE THAT MIGHT WORK FOR
MULTIPLE DIFFERENT COMPANIES --
MR. PICHARDO: SURE.
MR. GOODELL: -- CONSTRUCTION COMPANIES MIGHT
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WORK FOR ONE FOR TWO WEEKS AND ANOTHER ONE FOR ANOTHER THREE OR FOUR
WEEKS AND GO BACK AND FORTH DEPENDING ON WHERE THE CONSTRUCTION
WORK IS, AND YOUR CONCERN, AS I UNDERSTAND IT, IS THEY MIGHT BE WORKING
CONTINUOUSLY FOR 26 WEEKS, WHICH IF THEY WERE WORKING FOR A SINGLE
EMPLOYER WOULD MAKE THEM ELIGIBLE FOR PAID FAMILY LEAVE, BUT
BECAUSE OF WORKING FOR MULTIPLE EMPLOYERS, THEY NEVER GET TO THAT
THRESHOLD; IS THAT REALLY THE THRUST OF THIS BILL?
MR. PICHARDO: YEAH, PRETTY MUCH. AND, AGAIN, IT
-- IT DEALS WITH THE -- THE IDEA OF CONSECUTIVE, RIGHT, BECAUSE ESPECIALLY
IN THE CONTEXT THAT WE SEE OURSELVES TODAY WITH COVID-19, STAY AT
HOME ORDERS, EXCUSE ME, HALTING CONSTRUCTION PROJECTS NOT ONLY HERE IN
NEW YORK STATE, BUT ACROSS THE COUNTRY, IT'S BECOMING MORE AND MORE
DIFFICULT FOR FOLKS WITHIN THIS INDUSTRY TO ACCESS THESE TYPE OF BENEFITS.
SO, CREATING THIS CHANGE IN THE LAW, ONE, IT HELPS THESE FAMILIES STAY
AFLOAT, ESPECIALLY IF THEY -- THE HEAD OF HOUSEHOLD OR WHOEVER WORKS
WITHIN THIS INDUSTRY, BUT ALSO MAKING SURE THAT PEOPLE WHO DESERVE TO
HAVE THIS BENEFIT ACTUALLY HAVE ACCESS TO THIS BENEFIT AND KIND OF
REMOVE A KIND OF A NUANCE OR A TECHNICALITY IN THE -- IN THE CURRENT LAW.
MR. GOODELL: NOW UNDER CURRENT LAW, THE PAID
FAMILY LEAVE PROGRAM CAN, AT THE OPTION OF THE EMPLOYER, BE PAID
EITHER BY THE EMPLOYER AS AN ADDITIONAL BENEFIT OR THE COST OF THE
INSURANCE POLICY CAN BE CHARGED BACK TO THE EMPLOYEE, CORRECT?
MR. PICHARDO: WELL, RIGHT NOW THERE'S REALLY --
HOW WE DEALT WITH PAID FAMILY LEAVE IN THE STATE OF NEW YORK, WE
DID IT THROUGH A SMALL PAYROLL DEDUCTION, AS YOU MENTIONED, THROUGH AN
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EMPLOYEE, JUST TO MAKE SURE THAT IT'S NOT AN ADDED BURDEN TO
EMPLOYERS, BUT, MORE IMPORTANTLY, GIVING FOLKS A FLEXIBILITY TO BE ABLE
TO PAY INTO THIS PROGRAM SO IT DOESN'T COST PEOPLE MORE MONEY THAN IS
NECESSARY.
MR. GOODELL: SO WITH THAT IN MIND, IN THE
BACKGROUND, THE QUESTION I HAD REALLY RELATES TO THE PRACTICALITY OF THIS.
MR. PICHARDO: MM-HMM.
MR. GOODELL: EMPLOYERS CAN PURCHASE THIS
INSURANCE COVERAGE THROUGH DIFFERENT OPTIONS, RIGHT, YOU CAN GET PAID
FAMILY LEAVE THROUGH DIFFERENT COMPANIES. AND THOSE COMPANIES CAN
BE ENTIRELY SEPARATE AND DISTINCT FROM EACH OTHER. THE EMPLOYERS CAN
BE ENTIRELY SEPARATE AND DISTINCT FROM EACH OTHER.
MR. PICHARDO: SURE.
MR. GOODELL: SO IF YOU HAVE AN EMPLOYEE WHO,
FOR SIX MONTHS, HAS WORKED FOR EIGHT DIFFERENT EMPLOYERS THAT MAY
HAVE FOUR OR FIVE DIFFERENT INSURANCE COMPANIES, HOW DO THEY ALLOCATE
THE BENEFITS AMONG ALL THE COMPANIES? IS THERE ANY EXISTING
MECHANISM TO TRACK THAT EMPLOYMENT BETWEEN MULTIPLE EMPLOYERS OR
TO ALLOCATE THE COST BETWEEN MULTIPLE -- POTENTIALLY MULTIPLE INSURERS?
MR. PICHARDO: SURE. SO, IN ORDER TO DEAL WITH
THAT SPECIFIC ISSUE, THE BILL SPEAKS TO THE IDEA OF THE COLLECTIVE
BARGAINING AGREEMENT THAT IS THESE EMPLOYERS AND EMPLOYEES BUY INTO
AND NEGOTIATE. SO, AGAIN, IT'S SUBJECT TO THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THESE TWO PARTIES IN ORDER TO FIGURE OUT BASICALLY
WHO IS - I DON'T WANT TO SAY HOLDING THE BAG, BUT BASICALLY HOW THE
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STATE OR THE EMPLOYERS SORT OF CARVE THIS OR DOLE THIS OUT.
MR. GOODELL: WELL, YOU -- YOU ENVISION, THOUGH,
THAT YOU COULD HAVE MULTIPLE DIFFERENT COLLECTIVE BARGAINING
AGREEMENTS?
MR. PICHARDO: WELL, THERE'S -- LET'S SAY A LABOR
UNION, FOR EXAMPLE, MAY HAVE THE SAME BARGAINING AGREEMENT ACROSS
DIFFERENT COMPANIES AND DIFFERENT WORK SITES, RIGHT, SO, FOR EXAMPLE.
AND LET'S SAY AN EMPLOYEE OR A CONSTRUCTION WORKER IS WORKING ON JOB
SITE A FOR, LET'S SAY FOR MYSELF, OR JOB SITE B FOR YOURSELF, LET'S SAY, FOR
EXAMPLE AND, YOU KNOW, WE ARE STILL CONTRACTED OR WORKING WITH THESE
LABOR UNIONS, FOR EXAMPLE, AND IT WOULD BE SUBJECT TO THAT. AGAIN, IT'S
-- IT'S -- WE'RE TRYING TO -- THE IDEA OF THIS IS TO MAKE SURE THAT WE DEAL
WITH THE ISSUE OF CONSECUTIVE WORK OR CONSECUTIVE WEEKS, ESPECIALLY
NOW BECAUSE IT'S SO FLUID, WE'RE NOT SORT OF -- IT'S NOT A STABLE SITUATION,
PER SE, MR. GOODELL, AND WHAT WE'RE TRYING TO DO IS SOLVE THIS ISSUE OF
CONSECUTIVE WORK AND FOLKS WHO GENUINELY HAVE WORKED THESE WEEKS
CAN ACTUALLY ACCESS THESE BENEFITS THAT THEY'RE ENTITLED TO, BUT, MORE
IMPORTANTLY, IT HELPS THEM GET THROUGH A VERY DIFFICULT TIME THAT ALL OF
US, AS NEW YORKERS, ARE -- ARE GOING THROUGH, AS WELL AS AMERICANS
ACROSS THIS NATION.
MR. GOODELL: ONE OTHER QUESTION I THINK.
MR. PICHARDO: SURE.
MR. GOODELL: THIS LANGUAGE IN THIS BILL ONLY
APPLIES TO CONSTRUCTION WORKERS WHO ARE COVERED BY COLLECTIVE
BARGAINING AGREEMENT, CORRECT?
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MR. PICHARDO: THAT'S CORRECT, SIR.
MR. GOODELL: SO -- WHY? I MEANT THAT IN MY FIRST
QUESTION, I IMPROPERLY PHRASED MY LAST QUESTION. WHY DOES THIS ONLY
APPLY TO COLLECTIVE BARGAINING AGREEMENTS?
MR. PICHARDO: SO, THIS IS SORT OF THE -- THE -- I
GUESS THE MOST STRAIGHTFORWARD WAY THAT WE CAN SORT OF FIGURE THIS OUT.
I'M MORE THAN HAPPY TO HAVE CONVERSATION WITH EITHER -- WITH YOU, MR.
GOODELL, OR ANY OF MY COLLEAGUES, TO TRY IF WE CAN KIND OF INCREASE THIS
BENEFIT FOR OTHER INDIVIDUALS, BUT THIS IS SORT OF THE WAY THAT WE WERE
ABLE TO DEAL WITH THIS PROBLEM IN THE HERE AND NOW, ESPECIALLY, AGAIN,
IN THE CONTEXT THAT WE FIND OURSELVES IN THE MIDDLE OF A GLOBAL
PANDEMIC.
MR. GOODELL: THANK YOU VERY MUCH, MR.
PICHARDO. I APPRECIATE YOUR COMMENTS.
MR. PICHARDO: MY PLEASURE, SIR.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: I --I UNDERSTAND THE SITUATION THAT IS
TRYING TO BE ADDRESSED BY THIS LEGISLATION, AND I SUPPORT THE CONCEPT
BECAUSE, PRESUMABLY, IF AN EMPLOYEE IS WORKING FOR A PARTICULAR
COMPANY ON DAY ONE, THAT COMPANY IS MAKING THE INSURANCE PAYMENT
FOR THAT EMPLOYEE. SO, IN THEORY, THE EMPLOYEES, IF IT'S FUNDED THROUGH
A PAYROLL DEDUCTION PLAN, ARE PAYING FOR THIS BENEFIT. AND IF THEY WORK
THAT TIME PERIOD, THEY OUGHT TO BE ABLE TO GET THAT BENEFIT.
THE CHALLENGE THAT I WRESTLE WITH, AND I APPRECIATE MY
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COLLEAGUE'S COMMENTS, IS HOW DO WE ACTUALLY MAKE IT WORK? BECAUSE
THERE COULD BE MULTIPLE INSURANCE COMPANIES, MULTIPLE COLLECTIVE
BARGAINING AGREEMENTS, AND WE DON'T HAVE A CENTRAL CLEARINGHOUSE THAT
I'M AWARE OF THAT WOULD ACTUALLY MAKE IT WORK. AND THAT'S THE BIGGEST
CHALLENGE I SEE WITH THIS BILL.
I NOTE THAT SOME OF THE CONTRACTOR'S ASSOCIATIONS,
NFIB, UNSHACKLE UPSTATE, THE BUSINESS COUNCIL HAVE OPPOSED IT, BUT
I DON'T REALLY SEE THIS AS IMPOSING A NEW COST ON BUSINESS, BECAUSE THAT
PAYROLL OPTION IS ALWAYS THERE AND HAS BEEN FROM THE BEGINNING. I'M
JUST NOT SURE HOW THIS WILL WORK. AND -- BUT I JUST DON'T KNOW. SO, I
APPRECIATE THE COMMENTS FROM MY COLLEAGUES AND IF THIS BECOMES LAW,
I HOPE WE FIGURE OUT HOW TO MAKE IT WORK. 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 ON RULES REPORT NO. 154. THIS IS A PARTY VOTE. ANY MEMBER
THAT IS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS WILL BE THE
REPUBLICAN CONFERENCE GENERALLY IN THE MINORITY, AND IF YOU WISH TO
VOTE FOR THIS BILL, PLEASE CONTACT THE MINORITY LEADER'S OFFICE. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
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NYS ASSEMBLY JULY 21, 2020
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE DOING A PARTY VOTE IN THE
AFFIRMATIVE. SHOULD COLLEAGUES DECIDE NOT TO SUPPORT THIS PIECE OF
LEGISLATION, THEY SHOULD FEEL FREE TO CONTACT OUR OFFICE AND WE WILL
MAKE SURE THEY ARE RECORDED AS SUCH. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. YOU KNOW, I WAS
SO TAKEN BY THE EXPLANATION OF MY COLLEAGUE, I SUGGESTED THAT MY
CAUCUS WAS SUPPORTING THIS, BUT IN THE PAST WE HAD 36 NO'S, AND SO I
SUSPECT THAT THE MAJORITY OF MY CAUCUS WILL ACTUALLY BE VOTING NO ON
THIS BILL. BUT IF YOU WOULD LIKE TO VOTE YES, PLEASE CONTACT THE MINORITY
OFFICE, AND MY APOLOGIES TO ALL OF OUR STAFF WHO MAY BE GETTING CALLS
FROM EVERYONE.
(LAUGHTER)
BUT IF YOU WANT TO VOTE YES, PLEASE CONTACT THE
MINORITY OFFICE, OTHERWISE WE WILL CAST YOUR VOTE IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. THANK
YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IN AN EFFORT TO
MOVE THIS FORWARD, PLEASE RECORD THE FOLLOW REPUBLICAN MEMBERS IN
THE AFFIRMATIVE: MR. MILLER, MR. SCHMITT, MR. MORINELLO, MR.
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DESTEFANO, MR. REILLY AND MR. BRABENEC. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04962-A, RULES
REPORT NO. 159, O'DONNELL, BRONSON, DE LA ROSA, CRUZ, FERNANDEZ,
D. ROSENTHAL, JACOBSON. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO REQUIRING INSURANCE COVERAGE FOR PRE-EXPOSURE PROPHYLAXIS
AND POST-EXPOSURE PROPHYLAXIS TO PREVENT HIV INFECTION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. O'DONNELL.
MR. O'DONNELL: GOOD EVENING EVERYONE, AND
WELCOME. THIS BILL WOULD PROVIDE THAT INSURANCE COMPANIES THAT
PROVIDE A PRESCRIPTION PLAN ARE REQUIRED TO COVER THE COST OF PEP AND
PREP, WHICH ARE HIV PREVENTION DRUGS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. O'DONNELL, WILL
YOU YIELD?
MR. O'DONNELL: WITH PLEASURE.
ACTING SPEAKER AUBRY: MR. O'DONNELL
YIELDS.
MR. GOODELL: THANK YOU, MR. O'DONNELL. DO
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YOU HAVE A COST ESTIMATE FOR WHAT THIS MAY LIKELY COST?
MR. O'DONNELL: I HAVE ABSOLUTELY NO IDEA WHAT
THE CURRENT COST OF THESE PRESCRIPTION MEDICATIONS ARE. AS I'M SURE
YOU'RE WELL-AWARE, ONCE THEY BE COME AVAILABLE AS GENERICS, THEY GO
SEVERELY DOWN. THERE'S ONLY ONE THING I KNOW FOR CERTAIN, IT'S MUCH
LESS EXPENSIVE TO GIVE SOMEONE PEP OR PREP THEN TO TREAT SOMEONE
WITH AIDS FOR THE REST OF THEIR LIFE.
MR. GOODELL: AND I APPRECIATE THAT, BECAUSE THE
ONLY CONCERN THAT I HAVE HEARD IS THAT THE INSURANCE COMPANIES ARE
CONCERNED THAT AS WE CONTINUALLY ADD ADDITIONAL MANDATES, IT'S DRIVING
UP THE COST OF INSURANCE AND, AS YOU KNOW, THAT'S A CONCERN FOR ALL OF
US. DO YOU HAVE ANY SENSE OF WHAT IMPACT THIS MIGHT HAVE AT ALL?
MR. O'DONNELL: WELL, I WOULD LIKE TO CORRECT
YOUR LANGUAGE. THIS IS NOT A MANDATE. THE AFFORDABLE CARE ACT
CLEARLY MAKES IT THAT THIS MUST BE THE CASE IN ARTICLE 62 OF THE
INSURANCE LAW PROHIBITS DISCRIMINATION BASED ON THE NATURE OF THE
ILLNESS. AND SO, IT'S NOT A MANDATE. IT EXISTS IN FEDERAL AND STATE LAW,
WE JUST DON'T WANT INSURANCE COMPANIES TO CHOOSE TO TRY TO GET OUT OF
THAT COST. YOU KNOW, MS. GLICK AND I HAVE BEEN FIGHTING FOR PEOPLE
WITH HIV AND AIDS FOR A VERY LONG TIME. I OWE HER A GREAT DEBT.
PEOPLE WITH AIDS AND HIV HAVE BEEN TREATED WITH GREAT DISRESPECT
AND GREAT DISDAIN, AND HERE WE ARE FINALLY IN 2020 WHERE WE HAVE A
CURE FOR IT, A PREVENTATIVE CURE FOR IT, AND NOW WE HAVE TO CONTINUE TO
FIGHT TO MAKE SURE THAT OUR INSURANCE PROVIDERS DO WHAT THEY'RE
SUPPOSED TO DO, WHICH IS HELP PEOPLE SAVE LIVES.
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MR. GOODELL: THANK YOU VERY MUCH, MR.
O'DONNELL. I APPRECIATE YOUR COMMENTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 159. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
AND MR. O'DONNELL TO EXPLAIN HIS VOTE.
MR. O'DONNELL: THANK YOU VERY MUCH. I WOULD
LIKE TO BRIEFLY EXPLAIN MY VOTE TO TAKE THIS TIME TO THANK MY SPEAKER
AND MY MAJORITY LEADER AND THE STAFF FOR ALLOWING TO WORK WITH ME ON
THIS VERY IMPORTANT ISSUE. PEOPLE WHO ARE LGBT HAVE BEEN
DISCRIMINATED AGAINST IN OUR COUNTRY FOR A VERY LONG TIME. WE'VE BEEN
TREATED RUDELY AND DISRESPECTFULLY, AND THIS VERY DAY, ANOTHER TRANS
WOMAN OF COLOR IS MOST LIKELY TO BE MURDERED. IN THE END, WE FOUGHT
HARD TO GET TO WHERE WE ARE AND WE CANNOT STOP THE FIGHT NOW. WE
HAVE A PATH AND A MECHANISM TO PREVENT THE TRANSMISSION OF HIV. WE
HAVE TO MAKE SURE THAT INSURANCE COMPANIES DO RIGHT BY THE PEOPLE OF
THE STATE OF NEW YORK.
JUST IMAGINE WHERE WE ARE IN THE MIDDLE OF A
PANDEMIC IF THE INSURANCE COMPANY SAID, YEAH, WE HAVE A CURE FOR
COVID, BUT I DON'T THINK I SHOULD HAVE TO PAY FOR IT. THAT'S NOT JUST
THE WAY IT IS, THAT'S NOT THE WAY IT SHOULD BE AND I THINK IT'S TIME WE
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END THAT KIND OF HOSTILE TREATMENT OF ALL OF US REGARDING OUR HEALTH
CARE. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. O'DONNELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07463-B, RULES
REPORT NO. 170, HUNTER, SAYEGH, DARLING, D'URSO, CRUZ, TAYLOR,
GOTTFRIED, SIMON, EPSTEIN, NIOU, JEAN-PIERRE, BLAKE, BARRON, JAFFEE,
SEAWRIGHT, GLICK, FRONTUS, WEPRIN, BRONSON, MAGNARELLI, ZEBROWSKI,
STECK, FAHY, PERRY, MOSLEY, O'DONNELL, EICHENSTEIN, DICKENS,
RODRIGUEZ, WILLIAMS, ARROYO, COLTON, WALCZYK, HYNDMAN, DAVILA,
PICHARDO, L. ROSENTHAL, REYES, LAVINE, ORTIZ, QUART, LUPARDO. AN ACT
TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE SUSPENSION OF
A LICENSE TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE.
ACTING SPEAKER AUBRY: MR. PALUMBO ON THE
BILL.
MR. PALUMBO: THANK YOU, MR. SPEAKER. THIS BILL
THAT WE ADDRESSED LAST YEAR IN THE CODES COMMITTEE AT A VERY LATE HOUR
IN JUNE RAISED SOME VERY, VERY SIGNIFICANT CONCERNS TO NOT ONLY MY
CONFERENCE, BUT MANY MEMBERS OF THE MAJORITY CONFERENCE VOTED
WITH US, AND THERE WERE SOME REAL CONCERNS THAT -- AND THEN SOME
PORTIONS OF IT THAT WE FELT WERE UNNECESSARY. SO, IT'S BEEN AMENDED
AND, UNFORTUNATELY, IT HAS NOT ADDRESSED SOME OF THESE REALLY
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SIGNIFICANT CONCERNS THAT I'D LIKE TO HIGHLIGHT AND BRING TO MY
COLLEAGUES' ATTENTION WHEN THEY'RE CONSIDERING A VOTE ON THIS.
WHAT IT INITIALLY DOES IS WITHIN THREE MONTHS IT VACATES
EVERY SUSPENSION FOR -- ON DRIVER'S LICENSES FOR ANYONE WHOSE EVER HAD
A SUSPENSION FOR FAILING TO APPEAR IN COURT OR FAILING TO PAY A FINE AND,
REALLY, WAS THE GIST OF OUR DEBATE. AND I THINK WHAT'S IMPORTANT TO
HIGHLIGHT NOW IS THAT I DON'T THINK ANYONE HAS AN OBJECTION TO CREATING
A PAYMENT PLAN POLICY FOR THOSE FOLKS WHO CANNOT AFFORD TO PAY THEIR
FINE, BECAUSE IT SEEMS COUNTERINTUITIVE TO TAKE THEIR DRIVER'S LICENSE
WHEN THEY WOULDN'T BE ABLE TO WORK AND SUSPENDED THEM -- THEIR
LICENSE IF THEY CAN'T PAY A FINE, AND THERE WOULD BE A LOT OF SCHEDULING
FINES AND MANDATORY FINES IN OUR VEHICLE AND TRAFFIC LAW; HOWEVER, IT
DOESN'T COST ANYTHING TO COME TO COURT. AND ALTHOUGH IT'S AN
INCONVENIENCE, IF YOU DON'T SHOW UP IN COURT, THE SANCTION OF LOSING
YOUR LICENSE IS A VERY EFFECTIVE TOOL TO GET THOSE FINES PAID. FOR
EXAMPLE, WE SUSPEND DRIVER'S LICENSES WHEN SOMEONE FAILS TO PAY CHILD
SUPPORT. THAT'S WHAT THE LAW IS IN NEW YORK, AND IT'S A SMART THING.
IT'S AN INCENTIVE THAT YOU WILL REALLY HAVE A TOUGH TIME IN LIFE IF YOU
DON'T MEET YOUR OBLIGATIONS.
AND JUST BY WAY OF EXAMPLE, ALL OF THOSE FINES AND
SUSPENSIONS - NOT ONLY JUST THE FINES, BUT THE -- THERE'S A SUSPENSION
TERMINATION FEE THAT'S COLLECTED. IN A 2010 STATE COMPTROLLER'S REPORT
THAT IN 2009, 49 PERCENT OF JUSTICE COURT REVENUES AROUND THE STATE,
WORTH NEARLY $120 MILLION WAS DIRECTED TO LOCAL GOVERNMENTS AND WAS
A RESULT OF THOSE FINES AND SUSPENSIONS THAT WERE RECEIVED STATEWIDE.
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SO, NOT ONLY ARE WE JUST GIVING A BLANK VACATUR OF ALL OF THESE
CONVICTIONS AND SUSPENSIONS AND FINES, BUT WE'RE ALSO NOW DEPRIVING A
TON OF MONEY TO OUR LOCAL GOVERNMENTS. SO, THAT'S REALLY SOMETHING
THAT I THINK IS SOMEWHAT ILL-ADVISED.
WE ALSO HAVE A PROVISION IN THIS BILL ALLOWING COURTS,
AT THEIR OWN DISCRETION, TO WAIVE ANYTHING RELATIVE TO A VEHICLE AND
TRAFFIC OFFENSE, WHICH ALSO INCLUDES DRIVING WHILE INTOXICATED. SO, IF
SOMEONE IS INCARCERATED AND OBVIOUSLY HAS SEVERAL -- HAS A TERRIBLE
DRIVING HISTORY AND IS IN AND OUT OF JAIL FOR MANY YEARS REGARDING
DRIVING WHILE INTOXICATED CONVICTIONS, THEY GET OUT OF JAIL, THEY GET
ANOTHER DWI, INJURIES, WHATEVER IT MAY BE, THERE ARE MANDATORY FINES,
THE COURT CAN WAIVE THOSE INSTEAD OF JUST IMPLEMENTING A -- AN
INSTALLMENT PLAN AND A PAYMENT PLAN.
SO, NOW THAT LEADS US TO OTHER ASPECTS JUST GENERALLY
OF THIS BILL THAT COMPLETELY PROHIBITS A COURT FROM IMPOSING ANY FUTURE
SUSPENSIONS AS A RESULT OF FAILING TO APPEAR AND FAILING TO PAY A FINE.
NOW, AGAIN, THE LAUDABLE INTENT IS TO CREATE A PAYMENT PLAN SO THOSE
FOLKS, AND I THINK IT'S $10 A MONTH. SO, FOR EXAMPLE, ON A DWI, IF THE
FINE SCHEDULE IS USUALLY BETWEEN SAY $500 AND $1,500, SO SOMEONE
WHO WILL HAVE $1,000 FINE, THEY'LL HAVE 100 MONTHS TO PAY IT OFF, PRETTY
REASONABLE, AND STILL KEEP THEIR LICENSE.
BUT, AGAIN, THIS FAILURE TO APPEAR IN COURT IS THE REAL
WRINKLE, AND LET ME EXPLAIN TO YOU WHY. IF I'M DRIVING AND I'M TEARING
UP THE ROADS AND I GET A SPEEDING TICKET, AND I THROW THE SPEEDING
TICKET OUT THE WINDOW. THIS LEGISLATURE, ABOUT 35 YEARS AGO, CREATED
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THE AGGRAVATED UNLICENSED OPERATION STATUTE. IF YOU THROW THE
SPEEDING TICKET OUT THE WINDOW, YOU FAIL TO APPEAR, YOU GET A
SUSPENSION ON YOUR LICENSE. IF YOU GET THREE SUSPENSIONS ON THREE
SEPARATE DAYS FOR JUST THROWING THE TICKETS OUT THE WINDOW, IT ACTUALLY
BECOME A MISDEMEANOR. IF YOU GET TEN, IT BECOMES A CLASS E FELONY
UNDER THE VEHICLE AND TRAFFIC LAW, THE AGGRAVATED UNLICENSED
OPERATION STATUTE. THAT NO LONGER EXISTS. WE HAVE JUST REPEALED, BY
PASSING THIS AND MAKING IT BECOME LAW, THE AGGRAVATED UNLICENSED
OPERATION STATUE. IT'S GONE. NOW, YOU COULD HAVE 50, QUOTE, "TICKETS"
AND "DEFAULT JUDGMENTS", WHICH YOU CAN STILL GET UNDER THIS, IT'S CIVIL IN
NATURE ONLY. YOU CANNOT IMPOSE A JAIL SENTENCE ACCORDING TO THIS BILL
AND, ON MY 110TH -- AND, BY THE WAY, WHEN I WAS A PROSECUTOR, I HAD
SOME OF THESE FELONY 511S WHERE PEOPLE WOULD HAVE ON 50, 60 DAYS
TICKETS THAT THEY WOULD JUST THROW OUT THE WINDOW AND FORGET ABOUT IT
AND, EVENTUALLY, GET ARRESTED AND WOULD HAVE TO DEAL WITH IT AT THAT
POINT.
SO, AGAIN, PAYMENT PLAN IS LAUDABLE AND APPROPRIATE,
BUT ON MY 45TH SPEEDING TICKET, ACCIDENTS, WHATEVER I'VE DONE, DWI
CONVICTIONS, HOWEVER TERRIBLE MY DRIVING RECORD IS, YOU STILL CAN'T
SUSPEND MY DRIVER'S LICENSE, BECAUSE YOU'RE NOT ALLOWED TO FOR FAILING
TO APPEAR, WHICH IS THROWING THE TICKET OUT THE WINDOW. SO, MY
COLLEAGUES, I UNDERSTAND THAT THIS IS SOMETHING THAT A PORTION OF IT IS
CERTAINLY REASONABLE, AND I THINK WE WOULD ALL AGREE THAT THAT IS
FAIRNESS, THAT THE STATISTICS HAVE SHOWN THAT PEOPLE OBVIOUSLY WHO ARE
ECONOMICALLY OR FINANCIALLY DISADVANTAGED SUFFER GREATLY IN THE
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CRIMINAL JUSTICE SYSTEM, AND A LOT OF IT HAS TO DO WITH FINES. AND IF
THEY CAN'T PAY A FINE AND THEY LOSE THEIR LICENSE AS A RESULT, THEY
OBVIOUSLY NOW CAN'T LEGALLY DRIVE TO WORK. SO, IT'S A COMPOUNDING,
TERRIBLE PROBLEM. SO, THIS IS NOT SOMETHING THAT WE'RE INSENSITIVE TO,
BUT THIS BILL GOES FAR BEYOND THE REASONABLENESS STANDARD AND
APPROPRIATENESS FOR OUR CRIMINAL JUSTICE SYSTEM. THIS IS GOING TO
CREATE A DISASTER ON OUR ROADS.
THERE ARE OTHER PROVISIONS THAT ALSO REQUIRE THE COURTS
TO NOTIFY - AND OTHER REALLY UNCOMFORTABLE THINGS - BUT THAT'S NOT REALLY
THE POINT. THE BOTTOM LINE IS THE FACT THAT NO ONE, IT DOESN'T COST ANY
MONEY TO COME TO COURT. NO ONE CAN SUFFER ANY SUSPENSION OF THEIR
DRIVER'S LICENSE FOR NOT COMING TO COURT, AND IGNORING LAWFUL PROCESS.
THAT'S DANGEROUS. IT'S GOING TO MAKE OUR ROADS MORE DANGEROUS AND I
URGE A NO VOTE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. HUNTER.
MS. HUNTER: YES, MR. SPEAKER. I WOULD LIKE TO
SPEAK ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. HUNTER: I'D JUST LIKE TO MAKE A COUPLE
COMMENTS ON THIS BILL JUST TO CORRECT SOME POINTS FOR -- FOR ACCURACY.
THE COURTS ACTUALLY DO STILL HAVE MECHANISMS BY WAY THAT THEY CAN
REPRIMAND SOMEONE FOR NOT APPEARING, AND THERE ARE POINTS SYSTEM FOR
DANGEROUSNESS. AND SO, WHILE SOMEONE COULD BE SPEEDING AND GETTING
MULTIPLE TICKETS, THERE ACTUALLY ARE A POINT SYSTEM THAT A LICENSE CAN BE
SUSPENDED IF YOU GET OVER THE 12 POINTS. AND THAT IS STILL IN PLACE AND
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THAT HAS NOT GONE AWAY.
AND WE SHOULD JUST HAVE A CONVERSATION OR SHOULD JUST
-- THE CONVERSATION SHOULD BE ABOUT THIS SUSPENSION IS REALLY A
COLLECTION METHOD AND IT CREATES A SYSTEM WHERE PEOPLE WHO DO NOT
HAVE MEANS ARE BEING DISPROPORTIONATELY AFFECTED FOR NOT HAVING
MONEY TO PAY A FINE. THIS DOESN'T HAVE ANYTHING TO DO WITH SOMEONE'S
AGGRESSIVE DRIVING. IT DOESN'T HAVE ANYTHING TO DO WITH GETTING TO THE
POINTS, WHICH A JUDGE AND THE DMV STILL CAN AWARD. THIS HAS
SOMETHING TO DO WITH, I CAN'T PAY $1,200 IN FINES, I'M HAVING MY
LICENSE TAKEN AWAY. IT DOESN'T HAVE ANYTHING TO DO WITH THE ACTUAL
INFRACTION.
ONE OF THE TOWNS THAT I REPRESENT, THE NUMBER ONE
ISSUE THEY TALK ABOUT AT THEIR BOARD MEETING EVERY SINGLE MONTH IS
RELATIVE TO THE OUTSTANDING REVENUES. AND SO, THERE'S A CITING OF $120
MILLION THAT GOES TO MUNICIPALITIES; THAT ACTUALLY IS THE AMOUNT OF
MONEY THAT HAS BEEN RECOVERED, NOT THE TOTAL AMOUNT OF MONEY THAT IS
DUE MUNICIPALITIES. AND SO, AS WE'RE HAVING CONVERSATIONS RELATIVE TO,
YOU KNOW, EQUITY AND FAIRNESS, WE SHOULD JUST MAKE SURE THAT, YOU
KNOW, FOLKS KNOW THEN SOMEONE NOT PAYING A BILL AND HAVING THEIR
DRIVER'S LICENSE SUSPENDED IS NOT WHAT WE NEED TO BE DOING, ESPECIALLY
IN TIMES OF COVID. WE HAVE PEOPLE WHO CAN'T GET TO THE DOCTOR, THEY
CAN'T GET TO THE HOSPITAL, THEY CAN'T GET TO THEIR JOB IF THEY HAVE A JOB AT
THIS POINT.
AND SO, THESE ARE THE THINGS THAT WE HAVE BEEN TALKING
ABOUT FOR MULTIPLE YEARS. THIS SHOULD NOT BE ANYTHING MORE THAN
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SOMEONE BEING ABLE TO BE IN A POSITION TO HAVE A PAYMENT PLAN MOVING
FORWARD, AND HAVING YOUR DRIVER'S LICENSE SUSPENDED FOR NOT PAYING A
BILL, THAT IS THE COMMENT. THAT IS WHERE WE ARE RIGHT NOW, THE
SUSPENSION COLLECTION METHOD FOR DRIVER'S LICENSE. IT IS NOT ABOUT
DANGEROUSNESS. A JUDGE WILL STILL HAVE THE ABILITY, DMV STILL HAS THE
ABILITY TO AWARD POINTS AND IF PEOPLE DON'T APPEAR, THE -- THE COLLECTION
METHOD, PEOPLE CAN GO INTO GARNISHMENT AND GET COLLECTION. SO, I JUST
WANTED TO PUT THAT OUT THERE, MR. SPEAKER, SO THAT ALL OF OUR COLLEAGUES
HAVE A LITTLE MORE INFORMATION. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 170. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY IN THE NEGATIVE. IF THERE'S A REPUBLICAN
MEMBER WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE, PLEASE CONTACT THE
MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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SPEAKER. THIS WILL BE A PARTY VOTE IN THE AFFIRMATIVE. COLLEAGUES WHO
DESIRE NOT TO VOTE WITH THE PARTY ON THIS ONE, YOU CAN CALL OUR OFFICE
AND WE WILL BE HAPPY TO RECORD YOU AS A NEGATIVE VOTE. THANK YOU,
MR. SPEAKER.
(THE CLERK RECORDED THE VOTE.)
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. I'D LIKE TO
THANK THE SPONSOR OF THE BILL FOR THIS INITIATIVE. THE WAY THE CURRENT
SYSTEM IS SET UP RIGHT NOW, IT PENALIZES SOMEONE FOR SIMPLY BEING
POOR, BECAUSE I AGREE WITH HER, THIS IS A COLLECTION SYSTEM AND WHAT
WE'RE DOING IS MAKING SURE THAT IF YOU NEED TO DRIVE TO SCHOOL, IF YOU
NEED TO DRIVE TO WORK, IF YOU NEED TO DRIVE TO COURT EVEN TO SHOW UP TO
BE ABLE TO PAY THE FINE, THAT YOU ACTUALLY HAVE THE OPPORTUNITY TO DO
THIS.
YOU KNOW, IN -- IN CALIFORNIA, ACTUALLY, IF WE'RE GOING
TO TALK ABOUT THE ABILITY TO COLLECT THIS DEBT, WHEN A SIMILAR LAW WAS
PUT INTO PLACE, THEY SAW AN ALMOST TEN PERCENT INCREASE IN THE ABILITY OF
THE STATE TO COLLECT THE FINES THAT WERE OWED. SO, WE WANT -- WHAT WE
WANT TO DO IS ACTUALLY MAKE IT EASIER FOR PEOPLE TO GET TO WORK, MAKE IT
EASIER FOR PEOPLE TO LIVE THEIR LIVES AND THE WAY THAT IT'S SET UP NOW, ALL
WE'RE DOING IS CONTINUING IN A WAY THAT CRIMINALIZES AND PENALIZES
PEOPLE FOR SIMPLY BEING POOR.
AND SO, I'LL BE VOTING IN THE AFFIRMATIVE AND I WANTED
TO THANK THE SPONSOR OF THE BILL.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
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AFFIRMATIVE.
MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER, FOR
OFFERING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I'M GOING OUTSIDE OF
THE PARTY VOTE A LITTLE BIT HERE AND I WANT TO THANK THE SPONSOR FOR
BRINGING THIS BILL FORWARD. I THINK THIS IS AN EXCELLENT OPPORTUNITY
WHEN YOU'RE THINKING ABOUT CHECKS AND BALANCES, TO LOOK AT WHAT THE
COURTS ACTUALLY DO IN PRACTICALITY. AND IF YOU'RE AN ADVOCATE FOR THE
TAXPAYERS, THINK ABOUT WHAT IT MEANS FOR A MISDEMEANOR CHARGE IN
YOUR TOWN COURT TO HAVE A COURT-APPOINTED ATTORNEY, TO HAVE A DISTRICT
ATTORNEY THAT THE TAXPAYERS ARE PAYING FOR, AND TO HAVE A JUDGE SITTING
ON THE BENCH TO, WHEN YOU LOOK AT THE STATISTICS, THEY'RE STAGGERING, TO
REDUCE THESE ALMOST ONE HUNDRED PERCENT OF THE TIME. THAT TRIGGERS TO
US AS THE LEGISLATURE, HEY, LISTEN TO THE COURTS, LISTEN TO WHAT THEY'RE
DOING, LOOK AT WHAT THE PRACTICAL IMPLICATION OF THE LEGISLATION THAT ONE
OF MY COLLEAGUES POINTED OUT YEARS AGO PUT IN PLACE. LISTEN TO THE
COURTS AND LET'S DO SOMETHING THAT ACTUALLY MAKES SENSE.
SO, I APPLAUD THE SPONSOR OF THIS BILL FOR DOING
SOMETHING THAT MAKES SENSE TO THOSE WHO ARE IN POVERTY, ALLOWS THEM
TO PAY OVER TIME SO THAT THEY'RE NOT SPIRALING INTO -- INTO POVERTY AND
LOSING THEIR CAR, LOSING THEIR LICENSE, BEING IN A LONG-TERM POSITION
WHERE THEY CAN'T PROVIDE FOR THEIR FAMILY. AND ALSO LISTENING TO THE
COURTS AND ADVOCATING FOR THE TAXPAYERS AT THE SAME TIME. THIS IS AN
EXCELLENT PIECE OF LEGISLATION AND I AM PROUD TO CAST MY VOTE IN FAVOR.
THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: THANK YOU. MR.
WALCZYK IN THE AFFIRMATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER. I APPRECIATE
THE OPPORTUNITY TO EXPLAIN MY VOTE AND TO THANK THE SPONSOR FOR AN
EXCELLENT MEASURE. IN MANY STATES WE SEE THAT THIS IS AN INDUSTRY, THE
COLLECTING OF FINES. IT'S A TAX ON POOR PEOPLE AND A PUNITIVE MEASURE OF
REMOVING THEIR ABILITY TO MOVE AROUND THE SOCIETY IS WRONG-HEADED
AND SOMETHING THAT WE SHOULD NOT PROCEED WITH. SO, THIS IS A GREAT
MEASURE AND ONE THAT'S BASED IN FAIRNESS AND MOVES US AHEAD AS A
STATE. AND THANKS AGAIN FOR THE OPPORTUNITY. I WITHDRAW MY REQUEST
AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK TO -- IN THE
AFFIRMATIVE.
MR. LAVINE.
MR. LAVINE: THANK YOU, MR. SPEAKER. I WANT TO
ECHO SOME OF THE HEARTFELT COMMENTS OF SOME WHO HAVE SPOKEN OUT
THROUGHOUT THE DAY. AND I WANT TO SAY I HAVE GREAT RESPECT FOR THE CARE
AND THE CONCERN OF THOSE WHO MAY VOTE AGAINST THIS BILL. BUT I DO
REMEMBER THE YEARS I SPENT AS A PUBLIC DEFENDER, AND I WANT TO SHARE
WITH YOU THE CONCERN THAT AN INORDINATE AMOUNT OF VALUABLE COURT TIME,
20 TO 25 PERCENT OF EACH DAY WAS SPENT IN DEALING WITH THE CASES OF
THOSE WHO DIDN'T HAVE ENOUGH MONEY TO PAY THE FINES AND ASSESSMENTS
WHICH THEY WERE SENTENCED TO.
SO, I THINK THAT I WANT TO THANK THE SPONSOR FOR THIS,
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AND I WANT TO JUST QUOTE THE PHILOSOPHER ANATOLE FRANCE WHO SAID,
"THE LAW, IN ITS MAJESTIC EQUALITY, FORBIDS THE RICH AS WELL AS THE POOR
TO SLEEP UNDER BRIDGES, TO BEG IN THE STREETS AND TO STEAL BREAD." I THINK
IT'S ABOUT TIME WE STOPPED PUNISHING THE POOR FOR BEING POOR AND MY
VOTE IS IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: TO EXPLAIN YOUR VOTE,
SIR.
MR. GOODELL: THIS BILL HAS TWO COMPONENTS, IF
YOU WILL. ONE TALKS ABOUT AN INSTALLMENT PAYMENT PLAN AND MAKING
SPECIAL ARRANGEMENTS TO HELP THOSE WHO ARE FINANCIALLY DISADVANTAGED
IN MAKING REASONABLE PAYMENTS. I SUPPORT THAT COMPONENT AND I THINK
THAT'S A GREAT IDEA, BECAUSE WE SHOULD NEVER LOOK AT A PENALTY THAT IN
ACTUALITY APPLIES DIFFERENTLY BASED ON YOUR FINANCIAL MEANS. BUT THAT'S
ONLY PART OF THE BILL. THE OTHER PART OF THE BILL PROVIDES THAT YOU DON'T
RISK LOSING YOUR LICENSE EVEN IF YOU DON'T SHOW UP, EVEN IF YOU DON'T
ANSWER, EVEN IF YOU DON'T MAKE PAYMENTS UNDER THE INSTALLMENT PLAN.
AND I THINK THE PROPER BALANCE IS TO SAY, WE'LL WORK WITH YOU IF YOU ARE
A PERSON OF LIMITED MEANS, WE'LL WORK WITH YOU, WE'LL PUT TOGETHER AN
INSTALLMENT PLAN, WE'LL WORK IN A COOPERATIVE WAY, BUT IN RETURN, WE
EXPECT YOU TO SHOW UP, ANSWER AND MEET YOUR END OF THE BARGAIN.
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AND SO, IF IT WERE JUST ONE HALF ABOUT TALKING ABOUT AN
INSTALLMENT PLAN, I'D BE ALL IN. BUT I DON'T THINK IT'S RESPONSIBLE FOR US,
JUST SPEAKING IN MY OWN OPINION, TO SAY YOU DON'T EVEN HAVE TO SHOW
UP, OR ANSWER, OR COMPLY WITH THE INSTALLMENT PLAN; YOU DON'T NEED TO
WORRY ABOUT RISKING YOUR LICENSE. THANK YOU, SIR. FOR THOSE REASONS,
I'LL BE VOTING IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WE DO HAVE COLLEAGUES THAT WOULD LIKE TO VOTE NO ON THIS
BILL, BUT BEFORE I GIVE YOU THEIR NAMES, I WOULD LIKE TO TAKE THIS
OPPORTUNITY TO COMMEND THE SPONSOR OF THIS LEGISLATION. IT LITERALLY
REMOVES ANOTHER BARRIER FOR PEOPLE'S ACCESS TO WORK. THE MORE PEOPLE
WE GET WORKING, THE BETTER OPPORTUNITY WE HAVE TO BEGIN LOWERING THE
COST OF GOVERNMENT.
WITH THAT, I DO WANT TO ACKNOWLEDGE THAT WE HAVE OUR
COLLEAGUES MRS. GUNTHER, MS. BUTTENSCHON, MR. SANTABARBARA, MR.
BARNWELL, MR. STERN, MS. GRIFFIN AND MS. -- MR. ENGLEBRIGHT IN THE
NEGATIVE ON THIS PIECE OF LEGISLATION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
MR. GOODELL: EXCUSE ME, MR. SPEAKER. PLEASE
RECORD MS. MILLER IN THE AFFIRMATIVE ON THIS VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
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NYS ASSEMBLY JULY 21, 2020
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, WE'RE
GOING TO MOVE FORWARD NOW AND SWITCH TO OUR A-CALENDAR, THE ONE
THAT WE ADVANCED EARLIER TODAY, AND WE'RE GOING RIGHT TO PAGE 3 AND
START WITH RULES REPORT NO. 220 AND JUST GO STRAIGHT AHEAD, MR.
SPEAKER. THANK YOU.
ACTING SPEAKER AUBRY: ON THE A-CALENDAR,
PAGE 3, RULES REPORT NO. 220, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00732-B, RULES
REPORT NO. 220, L. ROSENTHAL, SIMON, ABINANTI, WEPRIN, BARRON,
EPSTEIN, SEAWRIGHT, GLICK, D'URSO, COLTON, REYES, ORTIZ, GRIFFIN,
THIELE, GOTTFRIED, WALLACE, RODRIGUEZ, STECK, FALL, OTIS. AN ACT TO
AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING
THE USE OF GLYPHOSATE ON STATE PROPERTY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01436-C, RULES
REPORT NO. 221, EPSTEIN, L. ROSENTHAL, DE LA ROSA, SIMOTAS, TAYLOR,
GOTTFRIED, ENGLEBRIGHT, ARROYO, AUBRY, DICKENS, WEPRIN, CRUZ,
MOSLEY, D'URSO, ORTIZ, ABBATE, HYNDMAN, BLAKE, RIVERA, ROZIC,
STERN, COOK, KIM, CYMBROWITZ, D. ROSENTHAL, FALL, SEAWRIGHT, REYES,
RODRIGUEZ, GLICK, FRONTUS, QUART, JEAN-PIERRE, GRIFFIN, HUNTER,
FERNANDEZ, RAMOS, RICHARDSON, OTIS, LIFTON, DINOWITZ, CARROLL,
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NYS ASSEMBLY JULY 21, 2020
ABINANTI, BARRON, O'DONNELL, SIMON, FAHY, WRIGHT, STECK, VANEL, M.
G. MILLER, NIOU, SAYEGH, MAGNARELLI, PICHARDO, DARLING, WALKER,
WILLIAMS, PERRY, BUCHWALD, PAULIN. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO REPORTING OF YOUTH PLACED IN FOSTER CARE
SETTINGS AND RECRUITMENT OF FOSTER PARENTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO -- EXCUSE ME.
ASSEMBLY NO. A02644, RULES REPORT NO. 222, LAVINE, JACOBSON. AN
ACT TO AMEND THE ELECTION LAW, IN RELATION TO PROHIBITING PRIVATE
INDIVIDUALS OR ENTITIES TO PAY FOR THE ADMINISTRATIVE EXPENSES
ASSOCIATED WITH THE CONDUCT OF A REFERENDUM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03040-A, RULES
REPORT NO. 223, VANEL, L. ROSENTHAL, GOTTFRIED, COLTON. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING WATER WORKS
CORPORATIONS TO POST WATER SUPPLY STATEMENTS ONLINE.
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 ON RULES REPORT NO. 223. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JULY 21, 2020
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03343, RULES REPORT
NO. 224, ZEBROWSKI, GALEF, COLTON, ABINANTI, BUCHWALD, HUNTER,
D'URSO, MCDONALD, STECK, WOERNER, BUTTENSCHON, GRIFFIN. AN ACT TO
AMEND THE EXECUTIVE LAW, IN RELATION TO VIOLATIONS OF THE UNIFORM FIRE
PREVENTION AND BUILDING CODE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZEBROWSKI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04077-A, RULES
REPORT NO. 225, BARRETT, COLTON, L. ROSENTHAL, GOTTFRIED, STECK, OTIS.
AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO
THE REMOVAL OF SPECIES FROM THE ENDANGERED AND THREATENED SPECIES
LIST.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04153, RULES REPORT
NO. 226, GUNTHER. AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW,
IN RELATION TO THE PROMOTION OF NEW YORK STATE FARM PRODUCTS FOR
HOLIDAY CELEBRATIONS.
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
268
NYS ASSEMBLY JULY 21, 2020
THE VOTE ON RULES REPORT NO. 226. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A04867-A, RULES
REPORT NO. 227, ROZIC, LUPARDO, ZEBROWSKI, MONTESANO, GRIFFIN,
WALLACE. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO
PROVIDING THE OPTION TO EMPLOYEES OF ELECTRONIC CONFIRMATION IN LIEU OF
PAPER PAY STUBS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROZIC, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 227. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
269
NYS ASSEMBLY JULY 21, 2020
THE CLERK: ASSEMBLY NO. A05221-A, RULES
REPORT NO. 228, GALEF, STEC, ABINANTI, MAGNARELLI, SEAWRIGHT, RIVERA,
HYNDMAN, WILLIAMS, D'URSO, COOK, STIRPE, BLAKE. AN ACT TO AMEND
THE REAL PROPERTY TAX LAW AND THE REAL PROPERTY LAW, IN RELATION TO
THE TAXATION OF PROPERTY OWNED BY A COOPERATIVE CORPORATION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05609, RULES REPORT
NO. 229, WEINSTEIN, GOTTFRIED, LENTOL, ZEBROWSKI, COLTON, L.
ROSENTHAL, ABINANTI, SEAWRIGHT, JAFFEE, TAYLOR, GRIFFIN. AN ACT TO
AMEND THE MENTAL HYGIENE LAW, IN RELATION TO REQUIRING PETITIONERS FOR
APPOINTMENT OF A GUARDIAN TO IDENTIFY OTHER PERSONS WHO MAY BE ABLE
TO MANAGE THE AFFAIRS OF AN INCAPACITATED PERSON.
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 ON RULES REPORT NO. 229. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A05627, RULES REPORT
NO. 230, WEINSTEIN, MOSLEY, JAFFEE ABBATE, COLTON, CYMBROWITZ,
270
NYS ASSEMBLY JULY 21, 2020
GALEF, ZEBROWSKI, JOYNER, ORTIZ, GLICK, DINOWITZ, CARROLL, D'URSO,
STECK, HYNDMAN, VANEL, RICHARDSON, AUBRY, WEPRIN, SEAWRIGHT,
ABINANTI, WALLACE, CAHILL, BURKE, TAYLOR. AN ACT TO AMEND THE REAL
PROPERTY LAW, IN RELATION TO THE REGULATION OF DEFAULT AND FORECLOSURE
OF REVERSE MORTGAGES ISSUED UNDER THE FEDERAL HOME EQUITY
CONVERSION MORTGAGE FOR SENIORS PROGRAM.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06093, RULES REPORT
NO. 231, CUSICK, JACOBSON. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO INCREASING THE NUMBER OF REGISTRANTS AN ELECTION DISTRICT
MAY CONTAIN WITH THE APPROVAL OF THE COUNTY BOARD OF ELECTIONS;
AUTHORIZES INCREASE OF COUNTY COMMITTEE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 231. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A06477, RULES REPORT
271
NYS ASSEMBLY JULY 21, 2020
NO. 232, WRIGHT, D'URSO, COLTON, SAYEGH, M. G. MILLER, BURKE,
EPSTEIN, BLAKE, ABINANTI, MAGNARELLI, STECK, FERNANDEZ, TAYLOR, GLICK,
REYES, WILLIAMS. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO REQUIRING A PLAINTIFF IN A MORTGAGE
FORECLOSURE ACTION TO MAINTAIN THE SUBJECT PROPERTY IN GOOD FAITH.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06566-B, RULES
REPORT NO. 233, GUNTHER. AN ACT TO AMEND THE MENTAL HYGIENE LAW,
IN RELATION TO THE GERIATRIC SERVICE DEMONSTRATION PROGRAM TO PROMOTE
MENTAL HEALTH AND HOME CARE COLLABORATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06976, RULES REPORT
NO. 234, WALLACE, MCMAHON, JACOBSON. AN ACT TO AMEND THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW AND THE CIVIL PRACTICE LAW AND
RULES, IN RELATION TO INCLUDING THE NAME AND TELEPHONE NUMBER OF THE
MORTGAGE SERVICER FOR A PLAINTIFF IN A MORTGAGE FORECLOSURE ACTION ON
CERTAIN DOCUMENTS PERTAINING TO SUCH ACTION.
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 ON RULES REPORT NO. 234. THIS IS A FAST ROLL CALL. ANY
272
NYS ASSEMBLY JULY 21, 2020
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A07110, RULES REPORT
NO. 235, GUNTHER. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
THE ORGANIZATION OF ASSESSMENT CORPORATIONS.
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 ON RULES REPORT NO. 235. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A07498-A, RULES
REPORT NO. 236, WOERNER, DICKENS, MCDONALD, D'URSO, BRABENEC,
DESTEFANO, GOTTFRIED, BARRON. AN ACT TO AMEND THE WORKERS'
COMPENSATION LAW, IN RELATION TO INCLUDING COVERAGE OF TREATMENT
273
NYS ASSEMBLY JULY 21, 2020
RENDERED BY A MASSAGE THERAPIST.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07579, RULES REPORT
NO. 237, REYES, ENGLEBRIGHT, DE LA ROSA, M. G. MILLER, MCDONALD,
GRIFFIN, GOTTFRIED, DESTEFANO, LAWRENCE, L. ROSENTHAL, FRONTUS,
GUNTHER, PICHARDO, GLICK, ARROYO. AN ACT TO AMEND THE WORKERS'
COMPENSATION LAW, IN RELATION TO THE DIRECT DEPOSIT OF BENEFITS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 237. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A07822, RULES REPORT
NO. 238, SIMON, SAYEGH, THIELE, BLAKE, DICKENS, REYES, D'URSO,
ASHBY, BARRON, GOTTFRIED, CRUZ, EPSTEIN, GLICK, ABBATE, PICHARDO,
LUPARDO, ARROYO, JAFFEE, MOSLEY, O'DONNELL, RYAN, HUNTER, RA,
WEPRIN. AN ACT TO AMEND CORRECTION LAW, IN RELATION TO A READING
PROFICIENCY LEVEL ASSESSMENT AND DYSLEXIA SCREENING FOR INCARCERATED
274
NYS ASSEMBLY JULY 21, 2020
INDIVIDUALS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 238. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08127, RULES REPORT
NO. 239, DINOWITZ, DE LA ROSA, OTIS, CARROLL, REYES. AN ACT TO
AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO CAPITAL PROGRAM PLANS
OF THE METROPOLITAN TRANSPORTATION AUTHORITY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT -- THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 3 -- 239. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
275
NYS ASSEMBLY JULY 21, 2020
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08146, RULES REPORT
NO. 240, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO CREATING A CROHN'S AND COLITIS IDENTIFICATION CARD.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 240. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08137-A, RULES
REPORT NO. 241, PICHARDO, ORTIZ, DICKENS, DE LA ROSA, SIMON,
ARROYO, REYES, DESTEFANO, D'URSO, GLICK, GOTTFRIED, BARRON, NIOU,
JACOBSON. AN ACT TO AMEND THE WORKERS' COMPENSATION LAW, IN
RELATION TO DISCRIMINATION AND RETALIATION AGAINST EMPLOYEES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08300-A, RULES
REPORT NO. 242, ZEBROWSKI. AN ACT TO AUTHORIZE THE TOWN OF
CLARKSTOWN TO OFFER A CERTAIN RETIREMENT OPTION TO CLARKSTOWN POLICE
OFFICERS EDWARD FAIRCLOUGH, KYLE MCKIERNAN, CORRY DOYLE, AND SEAN
WEAVER.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
276
NYS ASSEMBLY JULY 21, 2020
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 ON RULES REPORT NO. 242. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. COULD YOU PLEASE REPORT MR. BARRON IN THE NEGATIVE ON THIS
PIECE OF LEGISLATION.
ACTING SPEAKER AUBRY: CERTAINLY. MR.
BARRON IN THE NEGATIVE. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08361, RULES REPORT
NO. 243, JACOBSON. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO
DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "FIREFIGHTER
TIM GUNTHER MEMORIAL HIGHWAY".
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 243. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
277
NYS ASSEMBLY JULY 21, 2020
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08645, RULES REPORT
NO. 244, HEVESI. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO REQUIRING THE COMMISSIONER OF SOCIAL SERVICES TO SUBMIT A REPORT ON
THE SERVICES PROVIDED TO HUMAN TRAFFICKING SURVIVORS.
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 ON RULES REPORT NO. 244. THIS A FAST ROLL CALL. ANY MEMBER
WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08850, RULES REPORT
NO. 245, MCDONALD. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN
RELATION TO THE TAXABLE STATUS DATE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
278
NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 245. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08921, RULES REPORT
NO. 246, BARRETT, D'URSO, LAVINE. AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO DEFINING CERTAIN QUALIFYING CONDITIONS FOR VETERANS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 246. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A08936, RULES REPORT
NO. 247, THIELE. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO COMPREHENSIVE AND REGULAR MANAGEMENT AND OPERATIONS
AUDITS.
279
NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 247. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09525, RULES REPORT
NO. 248, BUCHWALD, ZEBROWSKI. AN ACT TO AMEND EXECUTIVE LAW, IN
RELATION TO PROVIDING THAT, IN HOUSING CASES ONLY, AFTER A DISMISSAL FOR
LACK OF PROBABLE CAUSE OR LACK OF JURISDICTION, A COMPLAINT WOULD HAVE
THE OPTION TO APPEAL THE FINAL ORDER, OR BRING A DE NOVO ACTION IN COURT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY A09536, RULES REPORT NO.
249, MCDONALD, LENTOL, GALEF, SCHIMMINGER, BLAKE, SAYEGH,
BUTTENSCHON, BARRON, ASHBY, NORRIS, DESTEFANO, MORINELLO, BYRNE,
CROUCH, LAWRENCE, WALCZYK, JOYNER, HYNDMAN, D'URSO, SIMON, KOLB,
STECK, FAHY, WOERNER, OTIS. AN ACT TO AMEND THE MENTAL HYGIENE
LAW, IN RELATION TO REQUIRING CERTIFIED TREATMENT PROGRAMS TO NOTIFY
PATIENTS OF THEIR RIGHT TO NAME AN EMERGENCY CONTACT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
280
NYS ASSEMBLY JULY 21, 2020
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 ON RULES REPORT NO. 249. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09624, RULES REPORT
NO. 250, JACOBSON, WEPRIN, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE
LAW AND THE GENERAL BUSINESS LAW, IN RELATION TO CONSUMER
PROTECTIONS AGAINST CRAMMING.
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 ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 250. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
281
NYS ASSEMBLY JULY 21, 2020
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09677, RULES REPORT
NO. 251, ABINANTI, WRIGHT, JEAN-PIERRE. AN ACT TO AMEND THE BANKING
LAW, IN RELATION TO THE ORDER IN WHICH A PAYOR BANK SHALL PAY CHECKS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09691-A, RULES
REPORT NO. 252, GALEF. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,
IN RELATION TO IMPLEMENTING A RESIDENTIAL PARKING SYSTEM IN THE VILLAGE
OF CROTON-ON-HUDSON.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 252. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE PUT OUR COLLEAGUE WEINSTEIN AS A NO VOTE ON THIS PIECE OF
LEGISLATION. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY.
MRS. PEOPLES-STOKES: MR. SPEAKER, MR. CAHILL
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AS WELL.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09702, RULES REPORT
NO. 253, WEPRIN, CRUZ, EICHENSTEIN, AUBRY, EPSTEIN, L. ROSENTHAL,
MOSLEY. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO
PROHIBITING THE COMMISSIONER OF CORRECTIONS AND COMMUNITY
SUPERVISION FROM PROMULGATING POLICY TO REQUIRE INMATES TO WAIVE
RELIGIOUS RIGHTS IN ORDER TO PARTICIPATE IN INMATE PROGRAMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09750, RULES REPORT
NO. 254, GLICK. 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: ON A MOTION BY MS.
GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 254. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
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(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WE HAVE
SOME NO VOTES IN THE REPUBLICAN CAUCUS: MR. FITZPATRICK, MR.
MONTESANO AND MR. DIPIETRO. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, SIR.
MRS. PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09779-A, RULES
REPORT NO. 255, THIELE, ENGLEBRIGHT, NORRIS, DESTEFANO, HAWLEY,
GALEF, MORINELLO, MCMAHON, HUNTER, STERN, LUPARDO. AN ACT
DIRECTING THE OFFICE OF FIRE PREVENTION AND CONTROL WITHIN THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES TO FORM A TASK FORCE
AND ISSUE A REPORT RELATING TO VOLUNTEER FIREFIGHTER RECRUITMENT AND
RETENTION; 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 ON RULES REPORT NO. 255. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
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(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. A09804, RULES REPORT
NO. 256, HYNDMAN. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION
TO THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTERS.
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 ON RULES REPORT NO. 256. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09921, RULES REPORT
NO. 257, LENTOL. AN ACT DIRECTING A STUDY ON THE IMPACT OF INCREASED
MINIMUM WAGE ON ELIGIBILITY FOR INCOME-BASED SERVICES, PROGRAMS AND
SUBSIDIES AND THE IMPACT OF LOSS OF SERVICES ON THE WORKING POOR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JULY 21, 2020
THE VOTE ON RULES REPORT NO. 257. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A09965, RULES REPORT
NO. 258, L. ROSENTHAL, OTIS, SEAWRIGHT. AN ACT TO AMEND THE
CORRECTION LAW, IN RELATION TO THE RIGHTS OF PREGNANT INMATES.
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 ON RULES REPORT NO. 258. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE --
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THE DISPARITIES IN MATERNAL HEALTH CARE ACCESS AND
SERVICES THAT EXIST FOR BLACK AND BROWN WOMEN ARE ONLY MAGNIFIED IN
PRISON, WHERE THE LEGACY OF SYSTEMIC RACISM IS ACUTELY SEEN. JUST FIVE
YEARS AGO, PREGNANT INDIVIDUALS WERE STILL SHACKLED DURING CHILDBIRTH IF
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NYS ASSEMBLY JULY 21, 2020
THEY WERE IN PRISON. PREGNANT INDIVIDUALS SHOULD NOT LOSE THEIR RIGHTS
AND THEIR DIGNITY, OR BE DEVALUED WHEN THEY ARE IN PRISON. THIS BILL IS
A STEP IN CHANGING THE WAY PREGNANT PEOPLE ARE TREATED AND RESTORING TO
THEM THEIR RIGHTS TO REPRODUCTIVE HEALTH CARE. THIS BILL WILL ALLOW
PREGNANT PEOPLE TO HAVE A SUPPORT PERSON OF THEIR CHOOSING DURING
LABOR AND DELIVERY, GUARANTEE THEY RECEIVE COUNSELING, AS WELL AS
NOTICE OF THEIR OPTION TO PARTICIPATE IN PREGNANCY COUNSELING, AND
ENSURE THEY RECEIVE NOTIFICATION ABOUT THE AVAILABILITY OF IN-PRISON
NURSERY PROGRAMS SO THEY MAY BE WITH THEIR BABY AFTER THE BABY IS
BORN.
I WANT TO THANK THE CORRECTIONAL ASSOCIATION OF NEW
YORK, WOMEN IN PRISON PROJECT, THE NEW YORK CIVIL LIBERTIES UNION,
PLANNED PARENTHOOD EMPIRE STATE, AND THE NATIONAL INSTITUTE FOR
REPRODUCTIVE HEALTH CARE FOR THEIR SUPPORT OF THIS BILL. WE MUST
CHANGE THE CARCERAL SYSTEM THAT STRIPS THOSE WHO ARE IN PRISON OF THEIR
RIGHTS AND CAUSES HARM, ESPECIALLY TO PREGNANT INDIVIDUALS. AND WITH
THAT, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE
AFFIRMATIVE.
MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I WANT TO
PRAISE THE SPONSOR FOR DOING THIS BILL. WE'VE DONE A NUMBER OF BILLS
SINCE I'M CORRECTION CHAIR TO HELP PREGNANT WOMEN WHILE THEY'RE
INCARCERATED. THIS BILL WILL GO A LONG WAY TO PROVIDING THE -- THE
NEEDED HELP THAT PREGNANT WOMEN NEED DURING CHILDBIRTH. SO I
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NYS ASSEMBLY JULY 21, 2020
PROUDLY WITH -- WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10039, RULES REPORT
NO. 259, ROZIC. AN ACT TO AMEND THE FAMILY COURT ACT, THE CRIMINAL
PROCEDURE LAW, AND THE DOMESTIC RELATIONS LAW, IN RELATION TO
PROHIBITING A PARTY TO AN ORDER OF PROTECTION FROM REMOTELY CONTROLLING
ANY CONNECTED DEVICES OF A PERSON PROTECTED BY SUCH ORDER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 259. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10041, RULES REPORT
NO. 260, GUNTHER. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND
THE TOWN LAW, IN RELATION TO INCREASING THE REVENUE THRESHOLD FOR
ANNUAL AUDIT OF FIRE DISTRICTS.
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NYS ASSEMBLY JULY 21, 2020
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 260. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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. A10043, RULES REPORT
NO. 261, DENDEKKER. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO INCLUDING ELECTRONIC MESSAGING TEXTS AS A FORM OF
TELEMARKETING COMMUNICATION.
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 ON RULES REPORT NO. 261. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JULY 21, 2020
THE CLERK: ASSEMBLY NO. A10060-B, RULES
REPORT NO. 262, BICHOTTE. AN ACT IN RELATION TO RENAMING THE NEWKIRK
AVENUE SUBWAY STATION ON THE IRT NOSTRAND AVENUE LINE THE
"NEWKIRK AVENUE - LITTLE HAITI STATION".
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10078, RULES REPORT
NO. 263, BICHOTTE, MOSLEY. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE
CONTROL LAW, IN RELATION TO A LICENSE TO SELL LIQUOR AT RETAIN FOR
CONSUMPTION ON CERTAIN PREMISES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
BICHOTTE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON RULES REPORT NO. 263. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
MRS. PEOPLES-STOKES: IF WE COULD COUNT
MEMBER GLICK IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JULY 21, 2020
THE CLERK: ASSEMBLY NO. A10118 -- A10118-A,
RULES REPORT NO. 264, ZEBROWSKI, MOSLEY, STERN, GALEF, D'URSO,
GRIFFIN, JAFFEE, THIELE, GOTTFRIED, COLTON, SEAWRIGHT, SIMON,
O'DONNELL, MCMAHON, ENGLEBRIGHT, CAHILL, BRONSON, OTIS,
BUTTENSCHON, MCDONALD, FAHY, DICKENS, DARLING, ORTIZ, LIFTON,
SAYEGH, FRONTUS. AN ACT TO AMEND THE FINANCIAL SERVICES LAW, IN
RELATION TO REQUIRING CERTAIN PROVIDERS THAT EXTEND SPECIFIC TERMS OF
COMMERCIAL FINANCING TO A RECIPIENT TO DISCLOSE CERTAIN INFORMATION
ABOUT THE OFFER TO THE RECIPIENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10194, RULES REPORT
NO. 265, WEPRIN, SIMON, GOTTFRIED. AN ACT TO AMEND THE CORRECTION
LAW, IN RELATION TO PERMITTING THE CORRECTIONAL ASSOCIATION TO ACCESS,
VISIT, INSPECT, AND EXAMINE ALL STATE CORRECTIONAL FACILITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10196, RULES REPORT
NO. 26 -- 266, JEAN-PIERRE, BARRETT, STERN, MOSLEY, BUTTENSCHON,
SEAWRIGHT, GRIFFIN, CUSICK, WALLACE, DESTEFANO, TAGUE, MCDONOUGH,
MORINELLO, B. MILLER. AN ACT TO AMEND THE EXECUTIVE LAW, THE
MILITARY LAW AND THE CIVIL RIGHTS LAW, IN RELATION TO CERTIFICATES OF
HONORABLE SEPARATION FROM OR SERVICE IN THE ARMED FORCES OF THE
UNITED STATES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JULY 21, 2020
THE VOTE ON RULES REPORT NO. 266. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(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, DO YOU
HAVE ANY HOUSEKEEPING OR RESOLUTIONS TO TAKE UP?
ACTING SPEAKER AUBRY: WE HAVE NUMEROUS
FINE RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE. ON THE
RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. THE RESOLUTIONS
ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 964-968
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY,
JULY THE 22ND, TOMORROW BEING A SESSION DAY; UNTIL 10:00 A.M.,
WEDNESDAY JULY THE 22ND, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: DID I HEAR YOU SAY
10:00 A.M.?
MRS. PEOPLES-STOKES: TEN A.M., SIR.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
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NYS ASSEMBLY JULY 21, 2020
ADJOURNED -- EASTERN TIME.
(LAUGHTER)
THE ASSEMBLY STANDS ADJOURNED.
(WHEREUPON, AT 9:05 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL WEDNESDAY, JULY 22ND AT 10:00 A.M., WEDNESDAY
BEING A SESSION DAY.)
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