WEDNESDAY, MAY 5, 2021 10:44 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND ELIA WILL OFFER A PRAYER.
REVEREND DONNA ELIA: LET US PRAY. GOOD AND
GRACIOUS GOD, YOUR LOVING KINDNESS IS POURED OUT UPON THIS
ASSEMBLY. THANK YOU FOR THIS MOMENT AND FOR THE PRIVILEGE OF PUBLIC
SERVICE. GIVE THE BODY THE STRENGTH AND WISDOM IT NEEDS TO DO THE
DAILY TASKS WHICH COLLECTIVELY CONTRIBUTE TO THE COMMON GOOD. THANK
YOU FOR THIS DAY AND FOR THE VERY BREATH THAT ENLIVENS US. TENDERLY
BLESS THIS ASSEMBLY, EACH LEGISLATOR AND STAFF PERSON, EACH FAMILY
MEMBER, EVERY CONSTITUENT AND COMMUNITY. BLESS OUR STATE, NATION,
AND THE WORLD.
AS BUSINESS COMES BEFORE THE BODY, HELP THEM WITH
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NYS ASSEMBLY MAY 5, 2021
ALL DELIBERATION TO GIVE THE BEST OF THEMSELVES, THEIR INTELLECT AND
REASON, THEIR HEART AND CONVICTION, AND WHEN NEEDED, PROBLEM-SOLVING
SKILLS. LET THERE BE ROOM FOR THOSE WHO HESITATE TO SPEAK. STRENGTHEN
THE WEARY AND GIVE GOOD HEALTH TO ANY WHO FEEL UNWELL, AND GIVE
COURAGE TO ALL. AS WE CONTINUE TO EMERGE FROM THIS PANDEMIC, WE ARE
MINDFUL OF THE SUFFERING OF SO MANY. GIVE HEALING TO ALL. HELP US
WORK TOGETHER. BRING AN END TO VIOLENCE AND EMPOWER ALL PEOPLE TO
SPEAK UP IN THE FACE OF INJUSTICE. YOU WHO MAKE PEACE IN HIGH PLACES,
BRING PEACE WITH JUSTICE IN OUR TIME. IN YOUR HOLY NAME, WE PRAY.
AMEN.
ACTING SPEAKER AUBRY: AMEN.
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.)
AND MAY WE WISH THE REVEREND A HAPPY BIRTHDAY,
WHICH SHE HAD IN THE PAST MONDAY. HAPPY BIRTHDAY, REVEREND ELIA.
(APPLAUSE)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, MAY 4TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY,
MAY THE 4TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
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NYS ASSEMBLY MAY 5, 2021
ORDERED.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I'D LIKE TO BEGIN OUR PROCEEDINGS WITH -- WITH A QUOTE. THIS
ONE THIS MORNING IS COMING FROM HERMANN KARL HESSE. HE IS A
GERMAN-BORN SWISS POET, NOVELIST, AND PAINTER. HIS WORDS FOR US THIS
MORNING, MR. SPEAKER, IF YOU HATE A PERSON, YOU HATE SOMETHING IN
HIM THAT IS A PART OF YOURSELF. WHAT ISN'T A PART OF OURSELVES DOES NOT
DISTURB US. AGAIN, MR. KARL HESSE, HE'S A GERMAN-BORN POET AND
NOVELIST.
MEMBERS ARE -- DO HAVE ON THEIR DESK A MAIN
CALENDAR. I JUST WANT TO REMIND FOLKS THOUGH THAT TODAY IS THE THIRD
SESSION DAY OF THE 18TH WEEK OF THE 244TH LEGISLATION -- LEGISLATIVE
SESSION. AND BY THE WAY, THIS IS THE LAST SESSION DAY OF THE WEEK OF
THE 244TH LEGISLATIVE SESSION. SO COLLEAGUES YOU DO HAVE ON YOUR DESK
A MAIN CALENDAR AND AFTER THERE ARE ANY INTRODUCTIONS BY THE SPEAKER
AND/OR HOUSEKEEPING, WE ARE GOING TO TAKE UP RESOLUTIONS ON PAGE 3;
HOWEVER, OUR PRINCIPAL WORK FOR THE DAY, WE'RE GOING TO CONTINUE
CONSENT -- CONSENTING FROM THE MAIN CALENDAR. WE'RE GOING TO START
WITH CALENDAR NO. 241 BY MS. BUTTENSCHON AND THEN WE'RE GOING TO GO
TO CALENDAR NO. 258 AND GO STRAIGHT THROUGH, MR. SPEAKER, TO CALENDAR
NO. 279. WE ALSO ARE GOING TO TAKE UP SOME BILLS ON DEBATE TODAY.
WE'RE GOING TO START THAT PROCESS WITH CALENDAR NO. 35 BY MR.
GOTTFRIED, FOLLOWED BY CALENDAR NO. 221 BY MS. CRUZ, AND CALENDAR
NO. 206 AND 207 BY MS. BICHOTTE HERMELYN. THAT IS THE ORDER THAT WE
WILL PROCEED IN FOR THE TIME BEING, MR. SPEAKER. SHOULD THERE BE THE
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NYS ASSEMBLY MAY 5, 2021
NEED TO ANNOUNCE ANYTHING IN THE FUTURE, WE'LL GET BACK TO YOU.
IMMEDIATELY FOLLOWING THIS SESSION THOUGH, HOWEVER, THERE IS GOING TO
BE A NEED FOR A MAJORITY CONFERENCE. AND SO AS ALWAYS, THOSE OF US
WHO ARE ON REMOTELY AND THOSE OF US WHO ARE IN THE CHAMBERS NEED TO
WITH SPEEDILY GET ON REMOTELY SO THAT WE CAN BEGIN THAT MAJORITY
CONFERENCE. AND, AS ALWAYS, MR. SPEAKER, WE WILL CONSULT WITH OUR
COLLEAGUES ON THE OTHER SIDE TO DETERMINE WHAT THEIR NEEDS MAY BE.
THAT'S THE GENERAL OUTLINE OF -- IF YOU DO HAVE
INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: WE HAVE NEITHER.
WE WILL GO DIRECTLY TO RESOLUTIONS, PAGE 3, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 244, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 1-8, 2021, AS MATERNAL HEALTH
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 245, MS.
BYRNES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 2-8, 2021, AS PROFESSIONAL
MUNICIPAL CLERKS WEEK IN THE STATE OF NEW YORK.
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NYS ASSEMBLY MAY 5, 2021
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. 246, MRS.
BARRETT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 7, 2021, AS MILITARY SPOUSE
APPRECIATION DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MRS. BARRETT ON THE
RESOLUTION -- NO, I'M SORRY.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 247, MS.
SIMON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 6, 2021, AS DYSLEXIA AWARENESS
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 248, MR.
MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 2021, AS HUNTINGTON'S DISEASE
AWARENESS MONTH IN THE STATE OF NEW YORK.
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NYS ASSEMBLY MAY 5, 2021
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. 249, MRS.
GUNTHER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.
CUOMO TO PROCLAIM MAY 6-12, 2021, AS NURSES WEEK IN THE STATE OF
NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 250, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 5, 2021, AS MOTHER'S EQUAL PAY
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.
PAGE 20, CALENDAR NO. 241, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01177, CALENDAR NO.
241, BUTTENSCHON, LUNSFORD, GRIFFIN, LUPARDO. AN ACT TO AMEND THE
NEW YORK SATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO
MARKETING AND EXPANDING EXPORT TRADE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
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NYS ASSEMBLY MAY 5, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 1177. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES 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: ON THE BILL. THANK YOU, MR.
SPEAKER. SMALL BUSINESSES MAKE UP 98 PERCENT OF NEW YORK STATE
BUSINESSES. THEY EMPLOY MORE THAN HALF OF NEW YORK'S PRIVATE SECTOR
AND ARE THE BACKBONE OF OUR COUNTRY. IN MY TENURE AS CHAIR OF THE
SUBCOMMITTEE ON EXPORT, I HAVE BEEN ABLE TO HOST ROUNDTABLES
THROUGHOUT THE STATE AND HAVE UNFORTUNATELY LEARNED THAT SMALL
BUSINESSES ARE OFTEN OVERLOOKED AS POTENTIAL EXPORTERS OF THE GREAT
NEW YORK STATE GOODS AND SERVICES AND, THUS, INFORMATION TO BEGIN
AND MAINTAIN AN EXPORT PROGRAM DOES NOT INCLUDE THEM. BUSINESSES
NEED TO SUPPORT -- BE SUPPORTED IN THE FORM OF UPDATED INFORMATION,
TECHNICAL EXPERTISE, AND THE DEVELOPMENT OF WORKING ALLIANCES TO
POSITION THEMSELVES FOR MAXIMUM TRADE POTENTIALS WITHIN OTHER
COUNTRIES, STATES AND REGIONS WITHIN NEW YORK STATE.
DUE TO THE COVID-19 PANDEMIC, IT IS MORE IMPORTANT
THAN EVER TO ENSURE THE COMPETITIVENESS ON A DOMESTIC AND GLOBAL
MEANS. WE HAVE THE BEST PRODUCTS AND SERVICES IN THE WORLD AND THEY
DESERVE TO BE SHOWCASED. THIS LEGISLATION WILL WORK TO DO A BETTER JOB
AT SPREADING INFORMATION AND WORKING WITH BUSINESSES TO MAKE THEM
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NYS ASSEMBLY MAY 5, 2021
AWARE OF ALL THE POSSIBILITIES AND RESOURCES AVAILABLE TO THEM. THE
STATE NEEDS THIS AND IT WILL HELP THESE BUSINESSES GROW. WE MUST
DEVELOP A COMPREHENSIVE STRATEGY TO ENCOURAGE AND ASSIST ALL
BUSINESSES TO REALIZE THE PROMISE OF EXPANDED INTERNATIONAL, INTERSTATE
AND INTRASTATE TRADE. THIS IS COMMON SENSE MEASURE THAT SUPPORTS OUR
LOCAL BUSINESSES, OUR FARMERS, AND HELPS BRING NEW MARKETS AND
INTRODUCES MORE CONSUMERS TO ALL NEW YORK HAS TO OFFER.
IN ADDITION, I MET JOHN DYSON, THE FOUNDER OF OUR
HISTORIC I LOVE NEW YORK MOTTO IN UTICA AS WE OPENED AN INNOVATIVE
ENERGY MUSEUM LAST MONTH THAT WAS IN HIS HONOR. THIS LEGISLATION WILL
EXPAND TO I LOVE NEW YORK PRODUCTS AND SERVICES. WE HAVE THE BEST
OF THE BEST IN THIS STATE AND WE NEED TO SHARE OUR PRODUCTS AND SERVICES
WITH THE WORLD. I WILL BE SUPPORTING THIS LEGISLATION.
ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN
THE AFFIRMATIVE.
FIRST VOTE OF THE DAY, MEMBERS.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 22, CALENDAR NO. 258, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05668, CALENDAR NO.
258, GUNTHER, WOERNER, SANTABARBARA, TAYLOR, L. ROSENTHAL, ABINANTI,
NIOU, BRABENEC, STECK, BARRON, HEVESI, BRAUNSTEIN, GOTTFRIED. AN ACT
TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE EMPLOYMENT OF
PERSONS TO FUNCTION AS INFECTION PREVENTIONISTS IN CERTAIN GENERAL
8
NYS ASSEMBLY MAY 5, 2021
HOSPITALS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05678, CALENDAR NO.
259, JOYNER, OTIS. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
BENEFITS OF SHARED WORK PROGRAMS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05795, CALENDAR NO.
260, BURDICK. AN ACT TO AMEND THE TAX LAW, IN RELATION TO AUTHORIZING
THE CITY OF WHITE PLAINS TO IMPOSE AN OCCUPANCY TAX.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE. THIS IS ON A-5795. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I WILL BE
SUPPORTING THIS LEGISLATION THAT EXTENDS THE AUTHORIZATION FOR THE CITY
OF WHITE PLAINS TO IMPOSE AN OCCUPANCY TAX OR A HOTEL TAX UP TO 3
PERCENT ON HOTELS THAT ARE WITHIN CITY. ALTHOUGH I KNOW THAT SEVERAL OF
MY COLLEAGUES ARE CONCERNED ABOUT LOCAL GOVERNMENT, PARTICULARLY
9
NYS ASSEMBLY MAY 5, 2021
CITIES IMPOSING OCCUPANCY TAXES OR THEIR OWN SALES TAXES, THIS WILL BE
AT LEAST THE THIRD OR FOURTH TIME WE'VE EXTENDED IT FOR THE CITY OF
YONKERS [SIC] SO IT IS NOT A NEW TAX. AND FOR THAT REASON, I'LL BE
SUPPORTING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE NEGATIVE ON THIS: MR. DESTEFANO, MR.
DURSO, MR. GANDOLFO, MS. GIGLIO, MR. LALOR, MR. LAWLER, MR.
MONTESANO, MR. SCHMITT, AND MR. TANNOUSIS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL, SO NOTED.
MR. GOODELL: ALSO -- I APOLOGIZE, ALSO MR.
SMITH.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUES MR. STIRPE, MR. BARNWELL, MR.
BURKE, MS. MCMAHON, MR. SANTABARBARA, AND MR. RAMOS IN THE
NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY MAY 5, 2021
THE BILL IS PASSED.
MR. BURDICK, CONGRATULATIONS ON YOUR FIRST BILL.
(APPLAUSE)
I WON'T TELL YOU THAT THIS IS THE BEST YOU'LL EVER DO IN
THE ASSEMBLY, BUT I WILL TELL YOU THAT WE'RE ALL SO GLAD THAT YOU ACTUALLY
PASSED IT IN THE MORNING.
(LAUGHTER)
SO CONGRATULATIONS. KEEP UP THE GOOD WORK.
NO. 261, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05838, CALENDAR NO.
261, CRUZ, GALEF. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION
TO REQUIRING AT LEAST ONE COMMISSIONER OF THE PUBLIC SERVICE
COMMISSION TO HAVE EXPERIENCE IN UTILITY CONSUMER ADVOCACY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
LAY THE BILL ASIDE.
THE CLERK: ASSEMBLY NO. A06229, CALENDAR NO.
262, THIELE, OTIS. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO
REQUIRING AN ELECTRONIC VERSION OF A TOWN CLERK'S SIGN-BOARD ON A TOWN
WEBSITE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY MAY 5, 2021
THE VOTE ON SENATE PRINT 3984. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES 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. I WILL BE
SUPPORTING THIS BILL, ALTHOUGH THERE ARE CONCERNS BY SOME OF MY
COLLEAGUES THAT WE ARE IMPOSING ANOTHER MANDATE ON LOCAL
GOVERNMENTS. BY WAY OF BACKGROUND, FOR MANY TYPES OF ACTIONS YOU
HAVE TO POST PUBLIC NOTICE, FOR EXAMPLE, ON A MORTGAGE FORECLOSURE;
YOU HAVE TO POST PUBLIC NOTICE IN ADDITION TO ADVERTISING. AND THAT
PUBLIC NOTICE IN UPSTATE NEW YORK HAS BEEN DONE ON A BULLETIN BOARD,
A PHYSICAL BULLETIN BOARD MAINTAINED BY THE TOWN CLERK WHICH, OTHER
THAN THE TOWN OFFICIALS THAT MIGHT WALK IN FROM TIME TO TIME, NOBODY
ACTUALLY SEES.
THIS BILL WOULD SAY THAT IF THE TOWN HAS A WEBSITE
THAT'S REGULARLY MAINTAINED, AND THEY CAN DO SO WITHOUT ANY SIGNIFICANT
EXPENSE, THEY SHOULD ALLOW YOU TO POST THOSE LEGAL NOTICES ON THEIR
ELECTRONIC BULLETIN BOARD AND MEET THE STATUTORY REQUIREMENT FOR
POSTING. IT REALLY KIND OF BRINGS OUR PROCEDURE UP FROM THE 1900S INTO
THE -- INTO THE 21ST CENTURY, AND IT'S THE RIGHT MOVE AND I APPRECIATE THE
FACT THAT MY COLLEAGUE WHO DRAFTED THIS BILL ENSURED THAT IT WAS CLEAR,
THAT IT WAS ONLY IF THERE WAS NOT A SIGNIFICANT EXPENSE TO THE
MUNICIPALITY AND THEY ALREADY HAVE A WEB PAGE AND THEY CAN DO IT
WITHOUT A -- A CONSIDERABLE BURDEN ON THE LOCAL GOVERNMENT. AND
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NYS ASSEMBLY MAY 5, 2021
BECAUSE OF THOSE PROTECTIONS, I WILL BE SUPPORTING IT, EVEN THOUGH IT IS
AN ADDITIONAL REQUIREMENT ON THOSE GOVERNMENTS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE NEGATIVE ON THIS LEGISLATION: MR. FRIEND
AND MR. WALCZYK. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06305, CALENDAR NO.
263, WOERNER. AN ACT TO AMEND CHAPTER 55 OF THE LAWS OF 2011
AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO
AUTHORIZING ANGLING BY A SINGLE INDIVIDUAL WITH UP TO THREE LINES IN
FRESHWATER, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 2044. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
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NYS ASSEMBLY MAY 5, 2021
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A06389, CALENDAR NO.
264, FAHY. AN ACT TO AMEND CHAPTER 141 OF THE LAWS OF 2014
AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO
AUTHORIZING THE HUNTING OF BIG GAME IN THE COUNTY OF ALBANY WITH
RIFLES, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6389. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
(PAUSE)
MS. GLICK TO EXPLAIN HER VOTE.
OKAY.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE RECORD OUR COLLEAGUES MR. BARRON, MS. WEINSTEIN, AND
MS. GLICK IN THE NEGATIVE ON THIS ONE.
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NYS ASSEMBLY MAY 5, 2021
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. A06436, CALENDAR NO.
265, PAULIN, GALEF, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO DIRECTING THE COMMISSION TO ESTABLISH STANDARDS AND
SAFEGUARDS FOR CERTAIN RADIO AND PHONE PROVIDERS TO MEET ELIGIBILITY TO
PROVIDE LIFELINE SERVICES.
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 ASSEMBLY PRINT 6436. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A06503, CALENDAR NO.
266, STIRPE, OTIS. 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 COMPLETE
GUIDE.
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NYS ASSEMBLY MAY 5, 2021
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 ASSEMBLY PRINT 6503. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I WILL BE
SUPPORTING THIS LEGISLATION. I THINK IT'S A GREAT IDEA THAT THE DEPARTMENT
OF -- DIVISION OF SMALL BUSINESS, WHICH IS A SECTION IN THE ECONOMIC
DEVELOPMENT ADMINISTRATION, PUBLISH A -- A SMALL BUSINESS
COMPLIANCE GUIDE. THIS LEGISLATION PROVIDES THAT THE GUIDE WILL
INCLUDE, BUT NOT BE LIMITED TO CHANGES REGARDING PERMITS, LICENSES,
TAXES, INSURANCE, WORKPLACE SAFETY, COMPENSATION, WAGES, HOURS AND
BENEFITS. MY ONLY COMMENT IS IT'S REALLY UNFORTUNATE WE HAVE TO HAVE
A PUBLICATION THAT GOES OUT ANNUALLY THAT COVERS SO MANY SUBJECTS IN
THE STATE OF NEW YORK, AND I LOOK FORWARD TO THE TIME WHEN WE CAN
PUBLISH A GUIDELINE THAT IDENTIFIES ALL THE REGULATIONS THAT WE ARE
STREAMLINING OR REDUCING. BUT IN THE MEANTIME, LETTING OUR SMALL
BUSINESSES HAVE A SMALL BOOK EVERY YEAR ON ALL THE NEW REGULATIONS WE
PASS WILL PROBABLY IMPROVE OUR COMPLIANCE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I'LL BE
16
NYS ASSEMBLY MAY 5, 2021
VERY BRIEF. I SUPPORT THE -- THE BILL BECAUSE I DO THINK OUR SMALL
BUSINESSES STRUGGLE EVERY YEAR TO -- TO FIGURE OUT WHAT REGULATIONS THEY
NEED TO BE IN COMPLIANCE WITH, ESPECIALLY SINCE WE AS A BODY TEND TO
PASS MANY REGULATIONS AND NEW LAWS AND NEW BILLS TO -- TO TAKE EFFECT.
SEVERAL YEARS AGO, NEW YORK STATE SENATE DID A STUDY
ON REGULATIONS IN NEW YORK STATE AND THEY FOUND THAT THERE WERE OVER
750,000 BUSINESS REGULATIONS IN THE STATE OF NEW YORK. SO JUST THINK
ABOUT THAT AND HOW HARD IT IS TO COMPLY WITH ALL OF THE REGULATIONS.
THE ONLY THING THAT WOULD MAKE THIS BILL BETTER IS IF WE COULD FIND A
WAY TO REDUCE REGULATIONS IN THE STATE OF NEW YORK AND MAKE IT EASIER
TO DO BUSINESS. SO MAYBE THAT'S SOMETHING WE CAN WORK ON AS WE
MOVE FORWARD. WITH THAT, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06871, CALENDAR NO.
267, CAHILL. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO
UTILITY MEMBERSHIP DUES USED FOR LOBBYING ACTIVITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
ON MR. CAHILL'S MOTION, THE SENATE BILL IS BEFORE THE
HOUSE. THE SENATE BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06877, CALENDAR NO.
268, ZEBROWSKI. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
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NYS ASSEMBLY MAY 5, 2021
ALLOWING INSURERS TO DISPENSE WITH OR DEFER INSPECTIONS OF PRIVATE
PASSENGER AUTOMOBILES PRIOR TO THE PROVISION OF COVERAGE FOR PHYSICAL
DAMAGE THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06888, CALENDAR NO.
269, BARRETT, LUPARDO, STIRPE, OTIS. AN ACT TO AMEND THE AGRICULTURE
AND MARKETS LAW, IN RELATION TO A PUBLIC AWARENESS CAMPAIGN
REGARDING LYME DISEASE AND OTHER TICK-BORNE DISEASE.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
BARRETT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4089. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A06910, CALENDAR NO.
270, CUSICK, FALL, COLTON, DURSO, GRIFFIN, REILLY. AN ACT TO AMEND
CHAPTER 395 OF THE LAWS OF 1978, RELATING TO MORATORIUMS ON THE
ISSUANCE OF CERTIFICATES OF ENVIRONMENTAL SAFETY FOR THE SITING OF
FACILITIES AND CERTIFICATION OF ROUTES FOR THE TRANSPORTATION OF LIQUEFIED
18
NYS ASSEMBLY MAY 5, 2021
NATURAL OR PETROLEUM GAS, IN RELATION TO EXTENDING THE EFFECTIVENESS OF
THE PROVISIONS OF SUCH CHAPTER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06970, CALENDAR NO.
271, WALKER, JACOBSON, OTIS. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO ESTABLISHING AN ELECTRONIC ABSENTEE BALLOT APPLICATION
TRANSMITTAL SYSTEM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06971, CALENDAR NO.
272, PAULIN. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION LAW, IN
RELATION TO LEASING OF CEMETERY LANDS.
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 ASSEMBLY PRINT 6971. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A07018, CALENDAR NO.
273, HEVESI, BARRON. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO REQUIRING RESIDENTIAL HEALTH CARE FACILITIES TO DOCUMENT THE
REASON FOR AN INDIVIDUAL REQUESTING A VOLUNTARY TRANSFER OR DISCHARGE;
19
NYS ASSEMBLY MAY 5, 2021
AND TO AMEND A CHAPTER OF THE LAWS OF 2021 RELATING TO ESTABLISHING
REQUIREMENTS FOR THE TRANSFER, DISCHARGE AND VOLUNTARY DISCHARGE FROM
RESIDENTIAL HEALTH CARE FACILITIES, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
HEVESI, 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 SENATE PRINT 6204. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A07019, CALENDAR NO.
274, SEAWRIGHT. AN ACT TO AMEND CHAPTER 223 OF THE LAWS OF 1996,
AMENDING THE BANKING LAW RELATING TO PERMISSIBLE FEES IN CONNECTION
WITH OPEN END LOANS, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7019. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
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NYS ASSEMBLY MAY 5, 2021
MAJORITY OR MINORITY LEADERS AT THE NUMBERS 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. A07022, CALENDAR NO.
275, WALLACE, BARRON. AN ACT TO AMEND CHAPTER 462 OF THE LAWS OF
2015, AMENDING THE ELDER LAW RELATING TO LONG TERM CARE OMBUDSMAN
ACCESS TO ASSISTED LIVING FACILITIES, IN RELATION TO THE EFFECTIVENESS OF
CERTAIN PROVISIONS OF SUCH CHAPTER.
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 ASSEMBLY PRINT 7022. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A07024, CALENDAR NO.
276, WOERNER, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW, IN RELATION TO COUPLED ENTRIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY MAY 5, 2021
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7024. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS 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. A07093, CALENDAR NO.
277, CLARK, GONZÁLEZ-ROJAS, LUNSFORD, PAULIN, GOTTFRIED, SIMON,
MEEKS, LAVINE, BRONSON. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO ELIGIBILITY REQUIREMENTS FOR THE RECEIPT OF CHILD CARE
ASSISTANCE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07120-A, CALENDAR
NO. 279 WAS PREVIOUSLY AMENDED ON THIRD READING AND IS HIGH FOR
FRIDAY.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
HAVE MEMBERS TURN THEIR ATTENTION TO CALENDAR NO. 35 BY MR. GOTTFRIED
ON DEBATE; MR. GOTTFRIED IS PREPARED.
ACTING SPEAKER AUBRY: CALENDAR NO. 35,
PAGE 6.
MRS. PEOPLES-STOKES: AND, MR. SPEAKER,
IMMEDIATELY AFTER THAT COULD WE GO RIGHT TO CALENDAR NO. 221 BY MS.
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NYS ASSEMBLY MAY 5, 2021
CRUZ, FOLLOWED BY CALENDAR NO. 206 AND 207 BY MS. BICHOTTE
HERMELYN.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES. THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00459, CALENDAR NO.
35, GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH, L. ROSENTHAL, KIM,
QUART, EPSTEIN, AUBRY, WALKER, CRUZ, STECK, PERRY, DICKENS, HUNTER,
REYES, COOK, SIMON, DARLING, WALCZYK, J. RIVERA, SEAWRIGHT,
FERNANDEZ, GLICK, O'DONNELL, CARROLL, TAYLOR, BRONSON, OTIS,
GALLAGHER, WEPRIN, VANEL, FORREST, JACKSON, GALEF, MEEKS, RAJKUMAR,
ANDERSON, LUNSFORD, CLARK, GONZÁLEZ-ROJAS, BURDICK, BARRON, BURGOS,
DINOWITZ, ZINERMAN, MAMDANI, LUPARDO. 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: THANK YOU, MR. SPEAKER. THIS
BILL EXPANDS A LAW THAT WE ENACTED A NUMBER OF YEARS AGO WHICH WAS,
FOR THE COUNTRY, A PRETTY LANDMARK LAW AT THE TIME THAT PROVIDES PEOPLE
WHO ARE THE VICTIMS OF SEX TRAFFICKING AND -- AND -- AND OTHER FORMS OF
TRAFFICKING, IT ENABLES THEM -- AND IF AS A RESULT OF THAT TRAFFICKING THEY
WERE COERCED INTO PERFORMING VARIOUS CRIMINAL ACTS, SPECIFICALLY --
SPECIFICALLY PROSTITUTION-RELATED OFFENSES, THEN THEY COULD GET THOSE
PROSTITUTION-RELATED CONVICTIONS EXPUNGED ON GROUNDS THAT THEY ONLY
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NYS ASSEMBLY MAY 5, 2021
DID THOSE THINGS AS A RESULT OF BEING COERCED THROUGH TRAFFICKING.
SEVERAL OTHER STATES -- QUITE A FEW OTHER STATES HAVE
NOT ONLY ENACTED A LAW MODELED ON WHAT WE DID ABOUT -- I GUESS ABOUT
TEN YEARS AGO, BUT QUITE A FEW STATES HAVE GONE BEYOND THAT AND HAVE
SAID THAT IF -- THAT WHATEVER CRIME YOU WERE COERCED INTO DOING THROUGH
BEING A TRAFFICKING VICTIM, YOU COULD APPLY TO A COURT -- TO THE COURT
THAT SENTENCED YOU TO HAVE THAT -- THAT CONVICTION VACATED. AND THAT IS
WHAT THIS BILL WOULD DO. IT WOULD BROADEN THE SCOPE OF THE LAW TO
ELIMINATE THE VERY NARROW LIST OF PREDICATE OFFENSES AND PROVIDE THIS
RELIEF TO SOMEONE WHO IS A SEX TRAFFICKING, LABOR TRAFFICKING, ET CETERA,
VICTIM TO GET A CRIMINAL CONVICTION THAT WAS THE RESULT OF ESSENTIALLY
BEING FORCED INTO IT BY BEING TRAFFICKED, TO GET THE CONVICTION EXPUNGED
OR VACATED.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: CERTAINLY.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. GOODELL: THANK YOU, MR. GOTTFRIED. AND I
APPRECIATE YOUR EXPLANATION. SO UNDER CURRENT LAW, IF AN INDIVIDUAL IS
A VICTIM, ESTABLISHES THAT THEY'RE A VICTIM OF SEX TRAFFICKING OR LOITERING
FOR PROSTITUTION OR ENGAGING IN PROSTITUTION OR PROMOTING PROSTITUTION,
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NYS ASSEMBLY MAY 5, 2021
THEN -- THEN THAT'S A DEFENSE, IF YOU WILL, FOR ANY PROSTITUTION OR SEX
TRAFFICKING RELATED CHARGES; THAT'S THE CURRENT LAW, CORRECT?
MR. GOTTFRIED: WELL, IF -- IF THEY WERE
TRAFFICKED, WHETHER IT WAS SEX TRAFFICKING -- WELL, IF THEY WERE A VICTIM
OF TRAFFICKING, THEY CAN GET AN EXPUNGEMENT OR A VACATING OF THE
CONVICTION, BUT ONLY FOR DIRECT PROSTITUTION OFFENSES. BEING A
PROSTITUTE THEMSELVES, SOLICITING IN A SCHOOLYARD, AND -- AND I THINK
THERE IS ONE OTHER, I CAN FIND IT FOR YOU. BUT ESSENTIALLY, IT IS NARROWLY
LIMITED TO VACATING CONVICTIONS FOR PROSTITUTION OFFENSES.
MR. GOODELL: AND THEN THIS BILL WOULD EXTEND IT
TO ANY CRIME WITHOUT LIMITATION, CORRECT?
MR. GOTTFRIED: CORRECT.
MR. GOODELL: SO AS LONG AS YOU ARE ARRESTED, FOR
EXAMPLE, AS A -- AS A PROSTITUTE AND AS A DEFENSE TO THAT PROSECUTION
DEFENSE YOU ASSERTED THAT YOU WERE ACTUALLY A VICTIM, THEN YOU COULD
MAKE A MOTION AND AVOID ANY CRIMINAL LIABILITY AT ALL, OR THERE WOULD
BE A PRESUMPTION OF INNOCENCE EVEN IF IT -- THE OTHER CHARGE WAS LIKE A
FELONY DWI, OR VEHICULAR MANSLAUGHTER, OR SEXUAL ASSAULT OF A THIRD
PARTY, OR BRIBERY, OR EMBEZZLEMENT, OR A VIOLENT CRIME LIKE ASSAULT, OR
ILLEGAL POSSESSION OF A WEAPON, RIGHT? IT WOULDN'T MATTER WHAT THE
SUBSEQUENT CRIME WAS.
MR. GOTTFRIED: WELL, JUST TO -- TO MODIFY YOUR
PROCEDURAL PROPOSITION, THE MOTION IS A MOTION TO VACATE A JUDGMENT.
SO IT HAPPENS AFTER YOU'VE BEEN CONVICTED. I MEAN, I SUPPOSE YOU
COULD -- YOU COULD RAISE THAT AS A DEFENSE AT YOUR ORIGINAL TRIAL, BUT --
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NYS ASSEMBLY MAY 5, 2021
BECAUSE THERE'S NO LAW AGAINST IT, BUT IT'S HARD TO IMAGINE ANYONE DOING
THAT BECAUSE AT THE TIME YOU'RE UNDER ARREST FOR PROSTITUTION, YOU ARE,
YOU KNOW, ESSENTIALLY IN FEAR FOR YOUR LIFE BECAUSE OF THE -- BECAUSE OF
THE TRAFFICKING.
MR. GOODELL: CAN WE --
MR. GOTTFRIED: AND SO YOU -- YOU COME BACK
AFTER THE CONVICTION AND PRESUMABLY AFTER YOU HAVE BEEN FREED FROM
YOUR TRAFFICKING STATUS AND ARE THEN FREE TO GO BACK TO COURT AND SAY,
PLEASE, JUDGE, I WAS COERCED INTO THIS BY BEING A TRAFFICKING VICTIM.
AND IT WOULD THEN BE IN THE DISCRETION OF THE JUDGE WHETHER TO GRANT
THAT MOTION.
MR. GOODELL: BUT THIS BILL SAYS THAT -- A COUPLE OF
THINGS. FIRST ON A PROCEDURAL LEVEL, THAT-- THAT MOTION DOESN'T HAVE TO
BE MADE WITH DUE DILIGENCE UNDER THIS REVISED LAW. THE CURRENT LAW
REQUIRES SUCH A MOTION BE MADE WITH DUE DILIGENCE, THIS ONE
ELIMINATES THE REQUIREMENT THAT THAT MOTION TO VACATE BE MADE WITH
DUE DILIGENCE, CORRECT?
MR. GOTTFRIED: YEAH, I -- I THINK OUR LAW HAS
RECOGNIZED THAT VICTIMS OF TRAUMATIC EXPERIENCES LIKE THIS CAN'T REALLY
EXPECTED -- CAN'T REALLY BE EXPECTED TO, YOU KNOW, COME RUNNING TO
COURT FOR RELIEF WITH "DUE DILIGENCE." THEY --
MR. GOODELL: IS THERE ANY -- IS THERE ANY TIME
LIMIT AT ALL ON THIS? I MEAN, COULD IT BE YEARS LATER?
MR. GOTTFRIED: I SUPPOSE IT COULD. AGAIN, IT
WOULD BE UP TO A JUDGE, AND THE LONGER YOU WAIT THE HARDER IT WILL BE TO
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NYS ASSEMBLY MAY 5, 2021
PROVE YOUR CASE TO A JUDGE. UM --
MR. GOODELL: AND THAT -- I'M SORRY. IF YOU MAKE
THIS ASSERTION, LET'S SAY YOU MAKE A MOTION A FEW YEARS LATER, AM I
CORRECT THAT YOUR MOTION STARTS WITH A PRESUMPTION THAT YOUR
PARTICIPATION IN THE VIOLENT OFFENSE OR WHATEVER THE OFFENSE MIGHT BE
WAS BECAUSE YOU ARE A VICTIM OF SEX TRAFFICKING?
MR. GOTTFRIED: AH, I DON'T SEE WHERE THERE IS
PRESUMPTION LANGUAGE HERE --
MR. GOODELL: I'M LOOKING AT PAGE 2, LINE 20 AND
21.
MR. GOTTFRIED: PAGE 2, LINE 21, UM... WELL, IF
THERE WERE -- IF THERE IS A DOCUMENTATION, YEAH, THAT AT THE TIME YOU
WERE A VICTIM OF -- OF TRAFFICKING, YEAH, THAT WOULD CREATE A
PRESUMPTION.
MR. GOODELL: NOW, I NOTE THAT THIS GOES ON TO SAY
THAT A MOTION --
MR. GOTTFRIED: BECAUSE OTHERWISE -- OTHERWISE
IT -- I MEAN, IT'S KIND OF IMPOSSIBLE TO PROVE OTHER THAN BY SAYING, I WAS
BEING KEPT IN SLAVERY AND I DID WHAT MY MASTER TOLD ME TO DO. YOU
KNOW, TO PROVE THAT THE REASON I DID WHAT MY MASTER TOLD TO ME TO DO
IS BECAUSE I WAS IN SLAVERY, IS KIND OF HARD, AND THAT'S CURRENT LAW.
MR. GOODELL: SO ONE OTHER THING, I SEE THIS ADDS
LANGUAGE --
MR. GOTTFRIED: I DON'T WHAT YOU COULD --
MR. GOODELL: -- THAT --
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NYS ASSEMBLY MAY 5, 2021
MR. GOTTFRIED: BY THE WAY, I -- IF YOU'RE ASKING
ME --
MR. GOODELL: OH, I APOLOGIZE, MR. GOTTFRIED.
MR. GOTTFRIED: IF I COULD COMPLETE MY ANSWER,
SINCE YOU'RE ASKING ABOUT THAT PART OF CURRENT LAW, IT -- IT MIGHT --
SOMEONE MIGHT SUGGEST THAT YOU HAVE AN ALTERNATIVE TO -- YOU KNOW, TO
PROPOSE, BUT IN THE COUPLE OF TIMES WE'VE PASSED THIS BILL BEFORE, I
DON'T THINK ANYONE'S OFFERED SUCH A SUGGESTION.
MR. GOODELL: I'D BE GLAD TO -- TO FORWARD
SUGGESTIONS FOLLOWING OUR DEBATE.
LOOKING A LITTLE BIT FURTHER IN THIS, IT SAYS THAT A
MOTION TO VACATE A CONVICTION SHALL BE CONFIDENTIAL AND MAY NOT BE
MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY UNLESS
SPECIFICALLY AUTHORIZED BY THE COURT. SO THAT MEANS THAT THE VICTIM, FOR
EXAMPLE, OF A VIOLENT ASSAULT THAT MAY HAVE OCCURRED, OR THE -- THE
VICTIMS OF VEHICULAR MANSLAUGHTER, THE FAMILY, FOR EXAMPLE, OF
SOMEONE WHO WAS RUN OVER WHILE THE DEFENDANT WAS DRUNK, THEY
WOULDN'T EVEN HAVE AN OPPORTUNITY TO KNOW THAT THE PERSON WHO KILLED
THEIR LOVED ONE IS MAKING A MOTION TO HAVE THE -- THE CONVICTION
VACATED, IS THAT CORRECT?
MR. GOTTFRIED: NO. FIRST OF ALL, EVEN IF THAT
LANGUAGE WERE NOT IN THERE, UNLESS THE VICTIM OR THE VICTIM'S FAMILY HAS
THE RATHER ODD HABIT OF SCRUTINIZING ON A DAILY BASIS ALL THE COURT FILINGS
IN THE STATE, THEY'RE NOT LIKELY TO HAVE STUMBLED ACROSS THIS FACT
ANYWAY. BUT THE -- THE COURT CAN ALWAYS SAY THAT IT WANTS TO NOTIFY THE
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NYS ASSEMBLY MAY 5, 2021
VICTIM OR THE VICTIM'S FAMILY. THE COURT WOULD BE FREE --
MR. GOODELL: OF COURSE --
MR. GOTTFRIED: -- TO DO THAT.
MR. GOODELL: AS YOU KNOW --
MR. GOTTFRIED: WHETHER THAT WOULD HAVE ANY
BEARING ON -- ON THE MERITS OF WHETHER THE PERSON DID WHAT THEY DID
BECAUSE THEY WERE FORCED BY THEIR SLAVERY INTO DOING IT, YOU KNOW, IT
WOULD BE AN INTERESTING QUESTION, BUT THAT WOULD BE UP TO THE JUDGE.
MR. GOODELL: OF COURSE, AS YOU KNOW, MANY
VICTIMS OF VIOLENT CRIMES, PARTICULARLY LOVED ONES OF THOSE WHO'VE BEEN
KILLED VIA AN ASSAULT OR GUN VIOLENCE OR VEHICULAR MANSLAUGHTER, THEY
OFTEN WATCH VERY CAREFULLY TO SEE IF AND WHEN THEY -- THE DEFENDANT IS
AVAILABLE FOR PAROLE AND THEY'RE AUTHORIZED TO SPEAK IN CONNECTION WITH
A PAROLE HEARING. AND OF COURSE, THEY HAVE THE RIGHT TO SPEAK AT
SENTENCING, RIGHT?
MR. GOTTFRIED: RIGHT.
MR. GOODELL: AND SO WHY IS IT THAT WE WOULD NOT
WANT TO EXTEND THAT RIGHT TO THEM IF A DEFENDANT WHO CLAIMS THAT THEY
KILLED THEIR LOVED ONES IN A DRUNKEN ACCIDENT OR SHOT 'EM DEAD SHOULD
BE EXONERATED COMPLETELY BECAUSE THEY WERE -- A PROSTITUTION -- A
PROSTITUTE. I MEAN, SHOULDN'T WE AFFIRMATIVELY PROVIDE THE VICTIM'S
FAMILY WITH THAT NOTICE AS WE DO IN PAROLE HEARINGS AND AS WE DO IN
SENTENCING?
MR. GOTTFRIED: I DON'T THINK SO. FIRST OF ALL, THE
WHOLE THEORY OF THIS LEGISLATION IS THAT SOMEONE DID SOMETHING, AND IT
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NYS ASSEMBLY MAY 5, 2021
MAY HAVE BEEN A VERY BAD THING, BUT SOMEONE DID SOMETHING BECAUSE
THEY WERE COERCED INTO IT BECAUSE OF BEING SEX TRAFFICKED OR -- OR LABOR
TRAFFICKED. AND I THINK THOSE VICTIMS ARE GOING TO BE A LOT MORE
WILLING TO COME FORWARD AND GET THEIR RECORD CLEANED SO THEY CAN GO --
SO THEY CAN BECOME PRODUCTIVE MEMBERS OF SOCIETY AND START THEIR LIFE
AGAIN. I THINK THEY'RE A LOT MORE LIKELY TO DO THAT IF THEY DON'T HAVE TO
FEAR THAT THEIR LIFE STORY IS GOING TO BE SPREAD ALL OVER THE PAPERS, OR ALL
OVER TOWN. AND AGAIN, THE -- WHETHER -- THE FAMILY PROBABLY HAS NO
KNOWLEDGE OF WHETHER TO CONTRIBUTE TO THE PROCEEDING AS TO WHETHER
THE DEFENDANT WAS A TRAFFICKING VICTIM. THEY'RE NOT LIKELY TO KNOW
ANYTHING ABOUT THAT, AND THAT'S THE ISSUE IN THE CASE. THE ISSUE IN THE
CASE IS WAS THE -- WAS THE PERSON COERCED AND VICTIMIZED INTO DOING
WHAT THEY DID. AND AGAIN --
MR. GOODELL: SO -- OH, I'M SORRY.
MR. GOTTFRIED: -- REMEMBER, IT'S ALL WITHIN THE
DISCRETION OF THE JUDGE, INCLUDING IF THE JUDGE WANTS TO INVITE THE
FAMILY IN, THE JUDGE CAN DO THAT.
MR. GOODELL: THANK YOU. AM I CORRECT THAT IF
THIS BILL PASSES, JUST TO USE IT AS AN EXAMPLE, MS. MAXWELL, WHO IS
CURRENTLY IN PRISON AWAITING TRIAL ON CHARGES THAT SHE HELPED JEFF
EPSTEIN RECRUIT DOZENS OF YOUNG WOMEN COULD, AS A DEFENSE, CLAIM THAT
SHE WAS A VICTIM HERSELF? AND IF SHE --
MR. GOTTFRIED: FROM WHAT I --
MR. GOODELL: -- ESTABLISHED THAT SHE IS A VICTIM,
THEN SHE WOULD BE EXONERATED FROM ALL RELATED CHARGES, AT LEAST IN --
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NYS ASSEMBLY MAY 5, 2021
UNDER STATE LAW?
MR. GOTTFRIED: I WOULD SAY THAT FROM WHAT YOU
AND I AND THE GENERAL PUBLIC KNOW ABOUT THIS CASE, SHE IS PROBABLY
MORE OF A TRAFFICKER THAN A PERSON WHO WAS TRAFFICKED.
MR. GOODELL: ALTHOUGH, AS WE BOTH ACKNOWLEDGE
--
MR. GOTTFRIED: WELL, IF THE TIME WAS --
MR. GOODELL: -- THE CURRENT LAW -- THE CURRENT LAW
EXPRESSLY ACKNOWLEDGE --
MR. GOTTFRIED: IT -- IT --
MR. GOODELL: I'M SORRY, I APOLOGIZE, MR. --
MR. GOTTFRIED: IT WOULD BE EASIER IF I COULD
ANSWER THE QUESTIONS. IF A -- A PERSON BEING A TRAFFICKER DOES NOT GET
THEM ANYTHING UNDER THIS STATUTE --
MR. GOODELL: ALTHOUGH WE EXPRESSLY, UNDER THIS
LAW, PROVIDE THAT IT IS A DEFENSE TO A TRAFFICKER THAT THE TRAFFICKER
THEMSELVES, OR HERSELF, OR HIMSELF WAS A VICTIM, CORRECT? I MEAN, THAT'S
EXPRESSLY INCLUDED IN THE LANGUAGE OF THE CURRENT LAW, RIGHT?
MR. GOTTFRIED: IF A PERSON WAS -- WAS CONVICTED
OF -- OF -- OF TRAFFICKING AND WAS ALSO A VICTIM OF TRAFFICKING, THEN THE
FACT THAT THEY WERE A VICTIM OF TRAFFICKING WOULD BE GROUNDS FOR
MOVING TO VACATE A CONVICTION FOR TRAFFICKING. THE -- THE EXAMPLE
YOU'RE CITING IS VERY INFLAMMATORY AND INTENTIONALLY SO, I ASSUME, BUT
HAS NOTHING TO DO WITH THIS BILL. BECAUSE THERE IS -- THERE IS -- THERE IS
NO -- THERE IS NO SUGGESTION THAT I'VE SEEN THAT THE PEOPLE YOU'RE TALKING
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NYS ASSEMBLY MAY 5, 2021
ABOUT WERE TRAFFICKING VICTIMS, THEY WERE TRAFFICKING PERPETRATORS.
MR. GOODELL: WELL, OF COURSE WE HAVEN'T HEARD
HER DEFENSE YET, AND WE'RE WORKING HARD TO INCREASE ALL THOSE DEFENSE
OPTIONS FOR HER. THANK YOU, MR. GOTTFRIED.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: SO THIS IS A BILL THAT SHOULD
PROBABLY BE NAMED THE SEX VICTIM GET OUT OF JAIL FREE CARD. AND
THIS IS JUST LIKE MONOPOLY, EXCEPT THERE'S REAL VICTIMS INVOLVED. UNDER
THIS BILL, IF YOU ARE FORTUNATE ENOUGH TO ESTABLISH YOURSELF, AND I USE
THAT WORD FORTUNATE IN SOMEWHAT OF AN IRONIC WAY, IF YOU ARE FORTUNATE
ENOUGH TO BE CLASSIFIED AS A VICTIM OF SEX TRAFFICKING, YOU CAN USE THAT
AS A PRESUMPTION OF INNOCENCE FOR ANY CRIME WHATSOEVER. THAT'S WHAT
THIS BILL SAYS. YOU CAN USE IT AS A DEFENSE TO A DWI, A FELONY DWI.
YOU CAN USE IT AS A DEFENSE FOR VEHICULAR MANSLAUGHTER. YOU'RE
DRUNKER THAN A SKUNK, YOU RAN OVER -- YOU KILLED INNOCENT VICTIMS, YOU
CAN SAY, BUT I WAS A VICTIM OF SEX TRAFFICKING, AND YOU HAVE A
PRESUMPTION OF INNOCENCE. YOU CAN USE IT AS A DEFENSE WHERE YOU
SHOOT AND KILL OTHER PEOPLE. NO EXCEPTIONS, NONE.
NOW I UNDERSTAND THAT IF YOU'RE A VICTIM OF SEX
TRAFFICKING YOU MAY BE UNDER INTENSE INFLUENCE, AND WE HAVE ALWAYS
RECOGNIZED IN NEW YORK STATE, ALWAYS, THE DEFENSE OF DURESS. BUT THE
DEFENSE OF DURESS ESTABLISH -- REQUIRES YOU TO ESTABLISH THAT THERE IS SO
MUCH DURESS YOU COULDN'T CONTROL YOUR OWN ACTIONS AND THIS TAKES IT A
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NYS ASSEMBLY MAY 5, 2021
STEP FARTHER BY ELIMINATING THAT AND REPLACING IT WITH A PRESUMPTION ON
EVERY CRIME AND, THEREFORE, I CANNOT SUPPORT IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
REILLY.
MR. REILLY: SO I UNDERSTAND THE INTENT OF THIS
LEGISLATION. I -- I UNDERSTAND THAT WE'RE TRYING TO HELP THOSE THAT ARE THE
VICTIMS OF SEX TRAFFICKING AND THOSE THAT LIVES ARE IN DANGER FROM IT.
BUT I THINK THERE'S NO GUARDRAILS TO REALLY HOLD THOSE ACCOUNTABLE THAT
COMMIT SERIOUS CRIMES WHILE IN THE PERFORMANCE OF PROSTITUTION. YOU
KNOW, DURING MY CAREER -- I SPOKE MANY TIMES HERE ABOUT MY CAREER IN
THE POLICE DEPARTMENT, TALKING ABOUT THE WORK THAT I DID IN MIDTOWN
MANHATTAN. AND ONE OF THE CASES THAT I COULDN'T HELP BUT REFLECT ON
DURING THIS DEBATE IS A CASE THAT HAPPENED ON WEST 50TH STREET AND 8TH
AVENUE, WHERE A PROSTITUTE HAD A JOHN IN HIS CAR AND THEY HAD A FIGHT
OVER PAYMENT. THE PROSTITUTE PULLED OUT A KNIFE, HELD IT TO HIS THROAT,
MADE HIM GET OUT OF THE CAR AND CARJACKED HIM. UNDER THIS LEGISLATION,
IF PASSED, YOU CAN VACATE THAT WITH JUST SIMPLY CONVINCING SOMEONE
THAT SHE WAS A VICTIM OF SEXUAL TRAFFICKING.
I THINK THERE HAS TO BE SOME GUARDRAILS WHERE THE
THINGS THAT WE DISCUSSED DURING THIS DEBATE, THE MORE SERIOUS CRIMES,
YOU DON'T JUST GET A GET OUT OF JAIL FREE CARD FOR THOSE EVENTS. MANY OF
THE PROSTITUTES THAT I ARRESTED DURING THAT -- DURING MY CAREER WERE ALSO
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NYS ASSEMBLY MAY 5, 2021
REPEAT OFFENDERS FOR PICKPOCKETING, GRAND LARCENY, STEALING CREDIT CARDS
FROM THEIR VICTIMS, OR CUSTOMERS, HOWEVER YOU WANT TO PRESENT THEM
AS, AND THAT WAS THEIR OWN VOLITION. THEY WERE MAKING EXTRA MONEY
BY DO -- BY COMMITTING THOSE CRIMES.
SO I THINK WHEN WE LOOK TO HELP THOSE THAT ARE THE
VICTIMS OF SEX TRAFFICKING, IT'S A NOBLE CONCEPT AND A NOBLE IDEA, BUT I
THINK WHEN WE EXPAND IT TO THIS EXTENT, WE ARE ACTUALLY PROTECTING
THOSE WHO WILL USE THIS AS COVER TO CONTINUE THEIR CRIMINAL ENTERPRISE.
SO FOR THOSE REASONS, I CANNOT SUPPORT THIS LEGISLATION. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
REILLY.
MS. CRUZ.
MS. CRUZ: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
CRUZ.
MS. CRUZ: SO I'VE TALKED ON THE FLOOR BEFORE ABOUT
THE PRIOR WORK THAT I USED TO DO INVESTIGATING LABOR AND SEX TRAFFICKING.
UNLIKE MOST OF THE FOLKS IN THIS ROOM AND WHO ARE WATCHING US, I
ACTUALLY SAT ACROSS VICTIMS -- VICTIMS OF LABOR AND SEX TRAFFICKING AND I
HAD TO MAKE THE DETERMINATION OF WHETHER THEY WERE ACTUALLY VICTIMS.
SO YOU GO THROUGH THE PROCESS OF ASKING THEM DEEP QUESTIONS ABOUT
THE FACTS, ABOUT TIMELINES, ABOUT WHO THEY ARE, ABOUT WHO THESE ALLEGED
TRAFFICKERS ARE. AND I HAVE TO BE HONEST, I'VE YET TO MEET THE FIRST
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NYS ASSEMBLY MAY 5, 2021
SURVIVOR OF HUMAN TRAFFICKING THAT SITS THERE AND SAYS, YOU KNOW WHAT?
I'M GOING TO USE THIS TO CONTINUE MY QUOTE/UNQUOTE "CRIMINAL
ENTERPRISE." MOST OF THE TIME, IF NOT 100 PERCENT OF THE TIME WHEN
THESE SURVIVORS COME TO US, THEY COME IN SEARCH OF HELP, IN SEARCH -- IN
SEARCH OF SURVIVAL, IN SEARCH OF SOME SORT OF PUBLIC BENEFIT, OF
IMMIGRATION HELP, OF LABOR HELP, OF ACTUALLY ESCAPING. THERE WERE
TIMES WHEN I ENTERED A -- A FEW FARMS AND A FEW BROTHELS, I DON'T KNOW
EVEN KNOW WHAT THEY CALL THEM NOW, IN -- IN DENSE LOCATIONS WITH THE
POLICE. AND WE HAD TO ASK THE QUESTIONS. AND AGAIN, I HAVE YET TO
MEET A SINGLE ONE OF THEM WHO ACTUALLY UNDERSTOOD THAT THEY WERE
BEING TRAFFICKED. AND I THINK THAT'S THE PART THAT WE'RE NOT DISCUSSING
HERE. OFTEN THESE CRIMES OCCURRED TO THEM AND THEY DON'T EVEN
UNDERSTAND THAT THAT'S WHAT'S HAPPENING TO THEM.
AND SO WHEN WE'RE FIGHTING AGAINST THIS BILL, AND
WHERE WE'RE HAVING THE ARGUMENT THAT THIS IS A GET OUT OF JAIL FREE CARD,
WE'RE SKIPPING A WHOLE LOT OF STEPS. WE'RE SKIPPING THE STEP WHERE
SOMEONE, USUALLY AN ATTORNEY, AN ADA, A POLICE OFFICER, AN
INVESTIGATOR COMES INTO CONTACT WITH THIS PERSON TO MAKE THE
DETERMINATION THAT THEY'RE POSSIBLY A TRAFFICKING VICTIM. IF THEY'RE
LUCKY ENOUGH, THAT CASE WILL BE PROSECUTED. IF THEY'RE NOT LUCKY,
GENERALLY THEY COME INTO THE SYSTEM BECAUSE THEY WERE, THEMSELVES,
WERE ARRESTED. SOMETIMES IT'S FOR ENGAGING IN SEX WORK, AND LET'S KEEP
IN MIND THERE'S A DIFFERENCE BETWEEN SOMEONE WHO CHOOSES TO ENGAGE
IN SEX WORK AND SOMEONE WHO IS A TRAFFICKING VICTIM, BECAUSE THEY'RE
DOING AGAINST THEIR WILL. AND THAT'S KEY HERE.
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NYS ASSEMBLY MAY 5, 2021
SO LET'S SAY THEY GOT ARRESTED. LET'S SAY THEY GOT TRIED,
AND THEN LET'S SAY THAT THEY FINALLY FACED WHAT WAS HAPPENING TO THEM
AND THAT THEY'RE LOOKING TO MOVE FORWARD WITH THEIR LIFE, AND
SOMETIMES THAT ARREST IS FOR SEX WORK, SOMETIMES THAT ARREST IS FOR A LOT
OF OTHER THINGS. WHY CAN'T WE GIVE THEM THE OPPORTUNITY TO START THEIR
LIFE AGAIN? BECAUSE IF THAT NON-SEX WORK-RELATED ARREST HAD TO DO WITH
WHAT THE TRAFFICKER DID TO THEM, WAS FORCING THEM TO DO -- I MEAN, LET'S
THINK OF SOMETIMES WE HAVE FARM WORKERS THAT ARE TRAFFICKED. WHAT IF
THEY GOT ARRESTED FOR, I DON'T KNOW, FALSIFYING INFORMATION AND -- AND
THEY WERE BEING FORCED BY THEIR TRAFFICKER, BY THE PERSON WHO BROUGHT
THEM TO THE FARM, THOSE INSTANCES ACTUALLY OCCUR. AND TO THEN SIT HERE
AND SAY THAT THIS IS SOME SORT OF PRIVILEGE, THAT THEY WERE -- THAT THEY
WERE -- THAT WE'RE GIVING THEM SOME SORT OF PRIVILEGE WHERE, ACTUALLY,
WE OWE THIS TO THEM. WE AS GOVERNMENT OWE THEM THE OPPORTUNITY TO
RESTART THEIR LIFE.
SO I'M GOING TO URGE MY COLLEAGUES TO REALLY USE
COMMON SENSE, TO REALLY UNDERSTAND HOW THE SYSTEM WORKS AND TO NOT
MAKE ARGUMENTS THAT SOMEHOW THESE FOLKS, THESE SURVIVORS ARE OUT
THERE TRYING TO FIGURE OUT HOW TO GAME THE SYSTEM. BY THE TIME THEY
GET TO A LAWYER THAT ACTUALLY LOOKS AT HOW THEY CAN VACATE THIS
CONVICTION, THEY'VE ALREADY GONE THROUGH THE SYSTEM, THE RINGER, THEY'RE
PROBABLY ON MENTAL HEALTH SERVICES AND ALL THEY'RE TRYING TO DO IS ERASE
A -- A CRIME THAT WAS COMMITTED BECAUSE SOMEONE WAS FORCING THEM TO
DO SOMETHING AGAINST THEIR WILL AND NOW THEY CAN'T GET A JOB, THEY CAN'T
GET A PLACE TO LIVE, THEY CAN'T MOVE ON WITH THEIR LIFE. AND SO HOW CAN
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NYS ASSEMBLY MAY 5, 2021
WE SAY WE REALLY CARE ABOUT VICTIMS, JUST NOT THOSE VICTIMS. THAT
MAKES NO SENSE.
AND SO I THANK THE SPONSOR OF THE BILL. I THANK THE
COMMUNITY WHO HAS BEEN STANDING BEHIND SUPPORTING THIS BILL FOR SO
LONG, AND I HOPE THAT THIS IS THE ABSOLUTE LAST TIME THAT WE HAVE TO
MAKE THIS ARGUMENT SO THAT WE CAN TRULY GIVE VICTIMS THEIR JUSTICE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT FIVE -- 459. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO CALENDAR NO. 35, WHICH IS
ASSEMBLY BILL NO. A00459 THAT ALLOWS FOR THE VACATING OF CONVICTIONS
FOR ANY OFFENSE FROM ANYBODY WHO IS A SEX TRAFFICKER, AND IT RELATES TO
THE CONFIDENTIALITY OF ALL THOSE RECORDS. THANK YOU, SIR. IF THERE'S THOSE
WHO SUPPORT THIS, THEY SHOULD CERTAINLY CONTACT THE MINORITY LEADER'S
OFFICE SO WE CAN PROPERLY RECORD THEIR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY COLLEAGUES WILL GENERALLY BE IN THE AFFIRMATIVE
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NYS ASSEMBLY MAY 5, 2021
ON THIS ONE -- BILL THAT WOULD ATTEMPT TO PROTECT PEOPLE WHO ARE BEING,
ON A REGULAR BASIS, HUMAN TRAFFICKED IN OUR COUNTRY. THOSE WHO DESIRE
TO BE AN EXCEPTION SHOULD FEEL COMFORTABLE IN CONTACTING THE MAJORITY
LEADER'S OFFICE AND WE WILL PROPERLY RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: SO NOTED.
(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. YOU KNOW, I WAS
SITTING HERE READING -- I HAD TO PULL UP THE LANGUAGE AS I WAS LISTENING
TO DEBATE, AND I JUST WANT TO CLARIFY THAT THIS SECTION ONLY APPLIES IF THE
JUDGMENT IS THE RESULT OF THE DEFENDANT'S PARTICIPATION IN THE OFFENSE --
I'M SORRY, IF THE JUDGMENT OF CONVICTION IS A RESULT OF THE DEFENDANT'S
PARTICIPATION IN SEX TRAFFICKING. SO IN OTHER WORDS, THE DEFENDANT MUST
HAVE COMMITTED THE OFFENSE BECAUSE OF SEX TRAFFICKING. AND, YOU
KNOW, I SUBMIT THAT THAT IS THE GUARDRAIL THAT APPLIES, THAT THE JUDGE
MAKES A DECISION THAT THE DEFENDANT WAS FORCED INTO SEX TRAFFICKING
AND THAT'S WHAT CAUSED HER PARTICIPATION, OR HIS PARTICIPATION IN THIS
OFFENSE.
SO I FULLY SUPPORT THIS BILL. I THINK IT'S THE RIGHT THING.
AND I JUST WANT TO SAY THAT I DON'T THINK ANY VICTIM OF -- OF SEXUAL
ASSAULT THINKS -- OR SEX TRAFFICKING CONSIDERS HIMSELF FORTUNATE TO HAVE
BEEN A VICTIM. SO I VOTE IN THE AFFIRMATIVE AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
38
NYS ASSEMBLY MAY 5, 2021
AFFIRMATIVE.
MR. GOTTFRIED TO EXPLAIN HIS VOTE.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU
KNOW, THE BILL DOESN'T SAY THAT YOU JUST WALK INTO COURT AND DEMAND
THAT THE -- YOUR JUDGMENT BE ERASED. YOU HAVE TO PROVIDE GOVERNMENT
DOCUMENTATION OF YOUR STATUS AS A VICTIM OF TRAFFICKING. EVEN IF YOU
PROVIDE THAT GOVERNMENT DOCUMENTATION, SHOWING THAT, IT IS STILL UP TO
THE DISCRETION OF THE JUDGE. AND THIS BILL IS MODELED ON THE LAW IN
STATES ACROSS THE COUNTRY AND IT HAS PREVIOUSLY PASSED THE ASSEMBLY
FOUR TIMES, EACH WITH MORE THAN 100 VOTES. AND I HOPE WE WILL DO THAT
AGAIN TODAY. AND I WILL VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR AN OPPORTUNITY TO EXPLAIN MY VOTE. THIS PAST SATURDAY I
ATTENDED AN EVENT IN FRONT OF CITY HALL IN THE GREAT CITY OF BUFFALO
WHERE SOME YOUNG LADIES ARE ACTUALLY TAKING A RIDE DOWN TO VIRGINIA,
AND THEY'RE LITERALLY GOING TO WALK, TAKING TURNS, FROM VIRGINIA TO
BUFFALO. AND WHAT THEY'RE DOING IS CALLED A FREETHEM WALK. THIS
COUNTRY RIGHT NOW HAS SO MANY YOUNG PEOPLE, AND EVEN OLDER MEN AND
WOMEN, THAT ARE BEING ABDUCTED SPECIFICALLY FOR THE PURPOSE OF SEX
TRAFFICKING. AND SOMETIMES THE ONLY WAY YOU GET TO GET OUT IS BY
DEFENDING YOURSELF OR DOING SOMETHING THAT YOU DEFINITELY DID NOT WANT
TO DO. THIS IS A REAL PROBLEM. IT'S A NEW LEVEL OF SLAVERY.
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NYS ASSEMBLY MAY 5, 2021
AND SO THESE YOUNG LADIES LED BY KELLY GALLOWAY ARE
GOING TO WALK HUNDREDS OF MILES IN AN EFFORT TO TRY TO FREE PEOPLE FROM
BEING ABDUCTED. THERE ARE SOME YOUNG PEOPLE IN THE CITY OF BUFFALO
RIGHT NOW THAT WE DON'T EVEN KNOW WHERE THEY ARE, THEY'VE BEEN
ABDUCTED. WE REALLY DO HAVE TO MOVE FORWARD WITH SHUTTING DOWN
OPPORTUNITIES FOR MEN AND WOMEN TO ABUSE OTHER HUMANS FOR THEIR
PURPOSES. AND IF THAT HAPPENS AND THAT HUMAN HAS TO PROTECT
THEMSELVES AND THEIR LIFE, I THINK SOCIETY OWES THEM AN OPPORTUNITY.
NO ONE'S GOING TO GET THROUGH THIS PROCESS WITHOUT GOING THROUGH OUR
STATE COURT SYSTEMS, AND I THINK IT'S GOING TO BE A FAIR PROCESS. AND I
WANT TO COMMEND THE SPONSOR OF THIS LEGISLATION BECAUSE SOMETIMES
IT'S JUST RIGHT TO DO WHAT'S RIGHT. SO THANK YOU, MR. GOTTFRIED, I LOOK
FORWARD TO VOTING IN THE AFFIRMATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK YOU, MR. SPEAKER. AND
PERHAPS IT WAS ALL THE YEARS I SPENT IN FEDERAL COURT THAT GAVE ME THIS
COMPUNCTION TO WANT TO TRY TO CORRECT THE RECORD. A FEW OBSERVATIONS.
THIS HAS ABSOLUTELY NOTHING TO DO WITH THE CASE AGAINST GHISLAINE
MAXWELL, WHO IS BEING PROSECUTED IN THE FEDERAL COURT. NOTHING. YOU
MAY AS WELL BE COMPARING A NUCLEAR SUBMARINE TO AN ORANGE.
SECONDLY, WITH RESPECT TO CONFIDENTIALITY, THE LAW PROPOSED HERE
EXPRESSLY PROVIDES THAT A JUDGE HAS THE ABILITY TO SHARE THE FACT THAT THE
MOTION IS BEING MADE WITH THE SO-CALLED VICTIMS OF WHATEVER CRIMINAL
40
NYS ASSEMBLY MAY 5, 2021
ACTIVITY WOULD HAVE OCCURRED. THIRDLY, FROM THE POINT OF VIEW OF
PROSECUTORS, AND I REPRESENTED MANY HIGH LEVEL COOPERATORS IN FEDERAL
AND STATE COURT, THIS IS A VALUABLE TOOL BECAUSE IF WE WANT TO BE ABLE TO
ATTRACT SEX WORKERS TO BE ABLE TO COOPERATE IN PROSECUTIONS OF
HIGHER-UPS AND THOSE -- THE HIGHER-UPS OF THOSE HIGHER-UPS, WE NEED TO
DO SOMETHING TO TRY TO PROTECT THEM, AND PROTECTING THEIR RECORD IS OF
EXTREME IMPORTANCE.
THIS PROVIDES A RAY OF HOPE TO THOSE WHO,
UNFORTUNATELY, AND MANY OF THEM AS LITTLE CHILDREN, LITTLE TINY CHILDREN
ARE VICTIMIZED, TO BE ABLE TO RETURN TO SOCIETY AND TO BE ABLE TO BECOME
A PRODUCTIVE PART OF -- OF OUR SOCIETY. I THINK THIS IS A GREAT BILL, I'M
HAPPY TO VOTE FOR IT. AND WHAT'S IN THE BACK OF MY MIND NOW IS IN -- IN
CONCLUSION, ANATOLE FRANCE'S FAMOUS STATEMENT THAT, THE LAW, IN ITS
AWFUL MAJESTY, PROHIBITS BOTH RICH AND POOR FROM STEALING BREAD AND
FROM SLEEPING UNDER BRIDGES. LET'S DO WHAT WE CAN TO PROTECT
EVERYONE IN OUR SOCIETY. I'M PLEASED TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. MORINELLO.
MR. MORINELLO: I'M TRYING TO UNMUTE. I DID
UNMUTE.
IN THE PAST, I'VE HAD DIFFERENT FEELINGS ON THIS
PARTICULAR BILL. BUT I -- I'M DRAWING UPON MY EXPERIENCE WHEN I WAS
ON THE BENCH. I DID NUMEROUS TRAININGS ON DOMESTIC VIOLENCE, ON
VIOLENCE, AND WE HAD TRAININGS ON TRAFFICKING. ONE OF THE MOST
41
NYS ASSEMBLY MAY 5, 2021
STARTLING THINGS IS IN MEXICO, A SMALL CITY IN MEXICO, THERE ARE TWO
SCHOOLS OF THOUGHT ON TRAFFICKING. THERE'S ONE -- ONE SCHOOL OF THOUGHT
IS WHERE THEY TEACH THE TRAFFICKERS HOW TO ABUSE AND INTIMIDATE; THE
OTHER TEACHES THEM HOW TO CAJOLE AND HOW TO BE NICE AND BRING THEM
IN. AND THEN THEY GO OUT INTO THE VILLAGES OF THE -- THE POOR VILLAGES,
AND THEY USE THESE TACTICS AND BRING THESE WOMEN, THESE YOUNG GIRLS
INTO THE STATES, THEY SMUGGLE THEM IN. AND WHAT WAS EVEN MORE
SHOCKING IS ONE OF THE LARGEST GROUP HOMES FOR HUMAN TRAFFICKING WAS
IN MARYLAND RIGHT OUTSIDE OF WASHINGTON, D.C.
WITH SOME DEEP, DEEP STUDIES, YOU CAN FIND THAT THIS
IS PREVALENT AROUND THIS COUNTRY AND THAT WE NEED TO RECOGNIZE IT. I
ALSO FEEL THAT THE JUDGE HAS ENOUGH DISCRETION, AND IT'S NOT GOING TO BE A
WHOLESALE PASSING ON THIS. I DO SUPPORT THIS BILL, I HAVE CHANGED MY
POSITION FROM THE PAST, AND I'VE DONE SOME ADDITIONAL RESEARCH ON IT. I
VOTE YES AND I THANK THE SPONSOR. THANK YOU.
ACTING SPEAKER AUBRY: MR. MORINELLO IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. AND I AGREE WITH
ALL MY COLLEAGUES WHO HAVE EXPRESSED THEIR DEEP HORROR AND
OPPOSITION TO SEX TRAFFICKING. IT IS FUNDAMENTALLY INAPPROPRIATE,
INHUMANE, AND SHOULD BE SOMETHING THAT WE FOCUS ON REDUCING AND
ELIMINATING WHENEVER POSSIBLE. AND SO NORMALLY WHEN WE WANT TO
ELIMINATE OR REDUCE AN ACTIVITY THAT WE FIND ABHORRENT, WE MAKE IT
ILLEGAL. AND THEN IF THE PERSON IS ARRESTED, WE LOOK AT WAYS TO GET THEM
42
NYS ASSEMBLY MAY 5, 2021
OUT OF THE SYSTEM. SO, FOR EXAMPLE, WHEN WE LOOK AT DIVERSION COURTS
FOR DRUG TREATMENT, WE LOOK AT DIVERSION COURTS FOR THOSE WITH MENTAL
HEALTH, AND WE SHOULD LOOK AT IMPLEMENTING A SIMILAR PROCESS TO HELP
PEOPLE GET OUT OF SEX TRAFFICKING.
AND ALTHOUGH WE HAD THOSE TRIED AND PROVEN
APPROACHES IN HELPING OTHERS IN OTHER SITUATIONS, THIS LEGISLATURE HAS
TAKEN THE OPPOSITE APPROACH. SO INSTEAD OF ARRESTING THOSE WHO SOLICIT
PROSTITUTION, INCLUDING THE PEOPLE WHO ARRANGE FOR THE PROSTITUTES, THE
PIMPS, EARLIER WE SAID THAT IT'S NO LONGER ILLEGAL TO SOLICIT FOR
PROSTITUTION. SO INSTEAD OF INTERCEPTING THEM AND BRINGING THEM INTO
THE JUDICIAL SYSTEM AND TRYING TO HELP THEM AND HELP THEM GET OUT OF IT,
WE'VE NOW ELIMINATED THAT AS EVEN A CRIME. AND THIS GOES ONE STEP
FURTHER. IT SAYS IF YOU'RE FACING YEARS IN PRISON, IT'S A GOOD TIME FOR YOU
TO CLAIM THAT YOU'RE A SEX VICTIM AND THAT WHILE YOU'RE SORRY, YOU MAY
HAVE KILLED, HURT, MAIMED, SHOT, ASSAULTED OR OTHERWISE DONE HORRIFIC
CRIMES, YOU SHOULD GET OUT OF JAIL FREE. AND I CANNOT SUPPORT THAT
CONCEPT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. COLTON TO EXPLAIN HIS VOTE.
MR. COLTON: I RISE TO EXPLAIN MY VOTE. I AM VERY
CONFLICTED BY THIS LEGISLATION. I ABSOLUTELY BELIEVE THAT WE SHOULD NOT
VICTIMIZE SOMEBODY WHO WAS FORCED INTO TRAFFICKING, NO MATTER WHAT
KIND IT IS, BUT I AM ALSO VERY DISTURBED BY THE FACT THAT UNDER
CONFIDENTIALITY, VICTIMS WILL NOT HAVE A CHANCE TO BE AWARE OF THIS. I
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NYS ASSEMBLY MAY 5, 2021
BELIEVE THAT, YOU KNOW, WE NEED TO REFINE THIS BILL A LITTLE BIT MORE SO
THAT WE DO RECOGNIZE THE RIGHTS OF PEOPLE WHO MAY HAVE BEEN
VICTIMIZED WHO CAN THEN PRESENT WHATEVER EVIDENCE THEY HAVE OF WHAT
HAPPENED HERE AND -- WHILE STILL PROTECTING THE RIGHTS OF THOSE WHO MAY
HAVE BEEN IN SEX TRAFFICKING BY FORCE, BY -- NOT BY CHOICE. I THINK THE
EXISTING LAW DOES PERMIT SUCH A DEFENSE TO BE RAISED. I WOULD LIKE TO
EXPAND IT, BUT I AM VERY CONCERNED ABOUT THE RIGHTS OF VICTIMS NOT
BEING, YOU KNOW, BEING MADE AWARE OF THE OPPORTUNITY TO GIVE THEIR
INFORMATION TO THE COURT AND, THEREFORE, RELUCTANTLY I MUST VOTE IN THE
NEGATIVE.
ACTING SPEAKER AUBRY: MR. COLTON IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. BYRNE, MR. DURSO, MS.
GIGLIO, MR. LAWLER, MR. MORINELLO, MR. SCHMITT, MR. SMITH, AND MR.
WALCZYK. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MS. HYNDMAN.
MS. HYNDMAN: PLEASE RECORD OUR COLLEAGUES IN
THE NEGATIVE: MR. COLTON, MR. SANTABARBARA, AND MR. EICHENSTEIN.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY MAY 5, 2021
CALENDAR NO. 221, PAGE 19, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02199, CALENDAR NO.
221, CRUZ, O'DONNELL, DE LA ROSA, SEAWRIGHT, LAVINE. AN ACT TO
AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO INTEREST UPON
JUDGMENT.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. CRUZ.
MS. CRUZ: THANK YOU, MR. SPEAKER. A2199 SEEKS
TO AMEND CPLR 5003 TO ALLOW FOR THE CALCULATION OF INTEREST FROM THE
ORIGINAL DATE OF ENTRY OF DENIAL OF A SUMMARY JUDGMENT IN CASES WHERE
SUCH DENIAL IS REVERSED OR APPEAL. THIS CHANGE WOULD APPLY IN CASES
WHERE SUMMARY JUDGMENT WAS FIRST DENIED THEN GRANTED AN APPEAL
FROM THE DATE OF ENTRY OF THE ORDER ORIGINALLY DENYING SUMMARY
JUDGMENT. IT WOULD REQUIRE THAT THE INTEREST ON JUDGMENTS TO BE
MEASURED FROM THE DATE OF THE ENTRY OF THE ORDER ORIGINALLY DENYING
SUMMARY JUDGMENT IN CASES WHERE SUMMARY JUDGMENT IS GRANTED AN
APPEAL AFTER BEING DENIED. CALCULATING THAT INTEREST FROM SUCH A DATE
WILL RESULT IN A MORE EQUITABLE OUTCOME FOR THOSE WHO BRING AN ACTION
THAT IS ULTIMATELY DECIDED IN THEIR FAVOR, OFTEN AFTER WAITING YEARS FOR A
RESOLUTION OF THAT MATTER. IF A PLAINTIFF IS GRANTED SUMMARY JUDGMENT
ON APPEAL, IT IS A MATTER OF FAIRNESS TO ALLOW SUCH PLAINTIFFS TO RECEIVE
INTEREST ON A JUDGMENT FROM THE DATE OF THE ORIGINAL DENIAL OF SUMMARY
JUDGMENT BECAUSE THE PLAINTIFF SHOULD HAVE BEEN GRANTED SUMMARY
JUDGMENT FROM SUCH A DATE TO BEGIN WITH.
FURTHERMORE, THIS PROPOSAL WOULD ALLOW TO -- FOR THE
45
NYS ASSEMBLY MAY 5, 2021
INCREASE IN EFFICIENCY IN THE JUDICIAL SYSTEM AND FOSTER A SOLUTION OF
CASES PENDING APPEAL WHERE ONE SIDE ANTICIPATES THE REALISTIC OUTCOME
OF THE CASE AND APPEALS TO EXTEND THE LITIGATION AND DELAY PAYMENT OF
THE JUDGMENT.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU
YIELD?
MS. CRUZ: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU. SO JUST A COUPLE OF
QUESTIONS FOR YOU. WHAT IS THE CURRENT RATE OF INTEREST THAT WOULD BE
PAID TO PLAINTIFF WHO PREVAILS ON APPEAL ON ONE OF THESE MOTIONS?
MS. CRUZ: IT'S 9 PERCENT AS SET FORTH IN CPLR 5004.
MS. WALSH: AND DO YOU HAPPEN TO KNOW WHAT THE
AVERAGE RATE OF RETURN IS ON A, LIKE A SAVINGS ACCOUNT RIGHT NOW?
MS. CRUZ: I CAN SPEAK ON A PERSONAL NOTE, IT'S LIKE
SOMETHING LIKE 1 PERCENT, IT'S NOT A LOT.
MS. WALSH: IT'S UNDER 1 PERCENT.
MS. CRUZ: YEAH.
MS. WALSH: RIGHT, OKAY. SO YOU KIND OF STATED IN
YOUR EXPLANATION OF THE BILL WHAT THE PURPOSE WAS FOR THE BILL, BUT
WOULD YOU MIND JUST STATING AGAIN WHAT THE PURPOSE IS FOR ENACTING
THIS?
46
NYS ASSEMBLY MAY 5, 2021
MS. CRUZ: YEAH, IT'S FAIRNESS. SO IF -- IF SOMEONE
ULTIMATELY PREVAILS ON -- ON THIS APPEAL, THE INTEREST WOULD START
ACCRUING FROM THE DATE WHERE THEY WOULD HAVE WON IN THE FIRST PLACE.
SO IT'S JUST TO MAKE THINGS FAIR BECAUSE DURING THAT MEANTIME, OFTEN UP
TO TWO YEARS IN SOME OF OUR -- IN SOME OF OUR DEPARTMENTS, THE PERSON
HAS TO NOT ONLY PAY FOR -- FOR LEGAL FEES, THEY HAVE TO PAY FOR MEDICAL
FEES, IT'S TO MAKE THEM WHOLE.
MS. WALSH: SO BECAUSE -- THANK YOU. BECAUSE,
YOU KNOW, AND I ARE ATTORNEYS, BUT...
MS. CRUZ: THAT'S THE RUMOR.
(LAUGHTER)
MS. WALSH: YEAH. BUT MANY OF OUR COLLEAGUES
AREN'T, I THOUGHT WE COULD MAYBE JUST TALK ABOUT A COUPLE OF
HYPOTHETICAL SITUATIONS THAT MIGHT JUST KIND OF MAKE THIS A LITTLE BIT
MORE REAL FOR PEOPLE AS THEY'RE KIND OF DECIDING WHAT TO DO WITH THIS
BILL. SO FOR EXAMPLE, PLAINTIFF, WHICH A PLAINTIFF IS THE INJURED PARTY --
ALLEGEDLY INJURED PARTY, WALKS INTO A RESTAURANT, OKAY, AND IS -- WALKS
INTO THE RESTAURANT AND IS HIT BY A SIGN THAT FALLS DOWN -- FALLS DOWN ON
HIS HEAD. OKAY. SO WE DO DEPOSITIONS, THERE'S QUESTIONING, THE OWNER
OF THE RESTAURANT ADMITS DURING HIS DEPOSITION, HEY, I HUNG THAT SIGN
AND I THOUGHT I HUNG IT WELL, BUT I GUESS I MUST HAVE MISSED A BOLT OR
SO, YOU KNOW, AND AT THAT POINT, THE INJURED PARTY, THE PLAINTIFF, FILES A
MOTION FOR SUMMARY JUDGMENT. SO IT'S REALLY, IN MY EXPERIENCE, THESE
TYPES OF MOTIONS FILED BY PLAINTIFF, THE INJURED PARTY, ARE PRETTY RARE.
USUALLY MOTIONS FOR SUMMARY JUDGMENT ARE FILED BY THE DEFENDANTS
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NYS ASSEMBLY MAY 5, 2021
SAYING THAT THERE -- THERE AREN'T ANY ISSUES OF FACTS, BUT HERE THE
PLAINTIFF IS FILING IT. SO PLAINTIFF FILES IT, IT GOES TO THE TRIAL JUDGE. THE
TRIAL JUDGE TAKES A LOOK AT THE FACTS AND SAYS, VIEWING THIS IN THE LIGHT
MOST FAVORABLE TO THE DEFENDANT, I'M GOING TO DENY THE MOTION FOR
SUMMARY JUDGMENT, AND THEN THE PLAINTIFF APPEALS AND GOES UP TO THE
APPELLATE DIVISION; HAVE I GOT THAT RIGHT SO FAR, THAT'S -- THAT'S -- THAT'S
PROCEDURALLY HOW THINGS GO, RIGHT?
MS. CRUZ: IT COULD IN SOME INSTANCES, YES.
MS. WALSH: WELL, WHEN IT'S DENIED, IF THE PLAINTIFF
WISHES TO APPEAL. THEY COULD JUST GO HOME BUT, YOU KNOW, IF THEY
APPEAL, THEN THEY'RE GOING TO GO UP TO THE APPELLATE DIVISION, THEY
HAVE TO FILE THEIR NOTICE OF APPEAL WITHIN 30 DAYS, BUT THEN THEY HAVE
UP TO NINE MONTHS TO PERFECT THE APPEAL AND WE KNOW THAT, YOU KNOW,
AROUND THE STATE - WELL, JUST TAKE COVID OUT OF IT FOR A MINUTE - JUST IN
THE REGULAR COURSE OF BUSINESS IT'S NOT UNUSUAL FOR AN APPEAL TO WAIT
UNTIL SOME MONTHS HAVE PASSED BEFORE THE APPEAL IS PERFECTED, AND
SOMETIMES YOU CAN EVEN GET THAT EXTENDED EVEN MORE. THEN IT'S GOING
TO GO ON TO AN APPEALS CALENDAR, MIGHT GET ARGUED IN PERSON, DEFINITELY,
YOU KNOW, IT WOULD BE FULLY BRIEFED AND THEN YOU HAVE TO WAIT FOR THE
APPELLATE DIVISION TO MAKE A DECISION. BUT AFTER ALL THAT TIME GOES BY,
LET'S SAY THE APPELLATE DIVISION SAYS, YOU KNOW WHAT, TRIAL JUDGE? I
THINK YOU GOT IT WRONG. WE'RE GOING TO GRANT SUMMARY JUDGMENT, BUT
THERE HASN'T BEEN ANY DETERMINATION OF DAMAGES AT THAT POINT SO THEY'RE
GOING TO REMAND IT BACK TO THE TRIAL COURT. THE TRIAL COURT THEN IS GOING
TO MAKE A DETERMINATION OF WHAT THE DAMAGES ARE GOING TO BE.
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NYS ASSEMBLY MAY 5, 2021
SO THIS BILL, I BELIEVE, IS GOING TO SAY WE'RE GOING TO
ASSIGN 9 PERCENT INTEREST, SO OVER NINE TIMES WHAT, YOU KNOW, YOU
WOULD GET OUT OF A SAVINGS ACCOUNT, NINE TIMES INTEREST FROM THE -- ALL
THE WAY BACK TO WHEN THE PLAINTIFF ORIGINALLY FILED THE MOTION FOR
SUMMARY JUDGMENT, CORRECT?
MS. CRUZ: NO.
MS. WALSH: NO, OKAY.
MS. CRUZ: THIS BILL -- THE 9 PERCENT IS ALREADY SET
BY LAW. THIS IS SOMETHING THAT LET'S SAY --
MS. WALSH: YES, RIGHT.
MS. CRUZ: -- IT GETS DECIDED WAY UP, AND I'M GOING
TO SPEAK IN NON-LAWYER TERMS, AT THE BEGINNING -- AT THE BEGINNING
STAGE IN THE COURT PROCESS IT GETS DECIDED THEN AND THERE'S SOME DELAY
OF PAYMENT OR THERE'S AN APPEAL, THAT -- THAT 9 PERCENT INTEREST IS
ALREADY BUILT IN. IT'S A COMPLETELY DIFFERENT SECTION OF THE LAW. WE'RE
NOT SAYING THAT. WHAT THIS CHANGE DOES IS THAT IF YOU COULD HAVE
ACTUALLY SUCCEEDED BEFORE YOU TOOK IT ALL THE WAY TO APPEALS, BEFORE
THE COURT ORIGINALLY DENIED IT, THEN YOU ATTACH AN ALREADY EXISTING
MANDATED 9 PERCENT.
MS. WALSH: I -- I THINK WE'RE SAYING THE SAME
THING, YOU'RE JUST MAKING THE POINT THAT THE 9 PERCENT IS SET IN STATUTE.
MS. CRUZ: YES.
MS. WALSH: IT'S NOT LIKE -- THE JUDGE DOESN'T SAY --
MS. CRUZ: I'M DOING IT FOR CLARIFICATION.
MS. WALSH: -- I'M GOING TO PICK A PERCENTAGE AND
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NYS ASSEMBLY MAY 5, 2021
I PICK 9 PERCENT.
MS. CRUZ: YEAH, NO. I'M DOING IT FOR CLARIFICATION
BECAUSE I WANT TO MAKE SURE THAT THERE'S NO CONFUSION THAT MY LAW
DOESN'T -- MY PROPOSAL OF THE LAW DOESN'T SAY 9 PER -- DOESN'T TOUCH THE
9 PERCENT. IT ONLY TOUCHES WHEN IT ATTACHES.
MS. WALSH: EXACTLY --
MS. CRUZ: YES.
MS. WALSH: I COMPLETELY UNDERSTAND WHAT YOU'RE
SAYING, YEP. BUT I'M ALSO RIGHT, AREN'T I, THAT THE TIME PERIOD WHERE IT
DOES ATTACH, THAT STATUTORY PERCENTAGE OF 9 PERCENT, THAT ATTACHES ALL THE
WAY BACK TO WHEN PLAINTIFF FIRST MADE THAT MOTION FOR SUMMARY
JUDGMENT, WHICH COULD BEEN SOME TIME AGO, CORRECT?
MS. CRUZ: NOT WHEN HE MAKES THE MOTION, WHEN
HE'S -- WHEN THE MOTION IS DECIDED.
MS. WALSH: OH, WHEN IT'S DENIED BY THE TRIAL
JUDGE.
MS. CRUZ: YES, MM-HMM. CORRECT.
MS. WALSH: OKAY, GOTCHA. THANK YOU FOR THAT
CLARIFICATION. ALL RIGHT. NOW, SO WHAT ABOUT A SITUATION WHERE A
PLAINTIFF SUES A DEFENDANT, THE DEFENDANT THEN BRINGS A COUNTERCLAIM
AGAINST THE PLAINTIFF. DOES THAT -- DOES THAT DEFENDANT WHO MAKES A
COUNTERCLAIM GET THE BENEFIT OF WHAT YOUR BILL SAYS?
MS. CRUZ: IN THE MOTION FOR SUMMARY JUDGMENT,
THERE ISN'T A COUNTERCLAIM. THAT WOULD BE A COMPLETELY DIFFERENT
PROCEDURE. SO I'M NOT -- IF HE WERE TO THEN FOLLOW THROUGH WITH THAT,
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NYS ASSEMBLY MAY 5, 2021
YES, BUT WE'RE NOT -- WE CAN'T CONFLATE THE TWO NECESSARILY HERE.
MS. WALSH: OKAY. WELL, I'M ASKING BECAUSE BY
MAKING THAT COUNTERCLAIM, IT'S -- IT'S AS IF THE DEFENDANT IS STEPPING INTO
THE SHOES OF THE COMPLAINING PARTY OR THE PLAINTIFF BY BRINGING A
COUNTERCLAIM. SO I'M JUST WONDERING IF THEY GET THE BENEFIT, IF THEY GET
TURNED DOWN TO BE ABLE TO GET THAT.
MS. CRUZ: WELL, GIVE ME ONE SECOND.
(PAUSE)
YEAH, THIS JUST APPLIES TO THE PLAINTIFF IN THE SUMMARY
JUDGMENT, NOT TO THE COUNTERCLAIM.
MS. WALSH: OKAY. VERY GOOD. THANK YOU SO
MUCH.
MR. SPEAKER, MAY I PLEASE GO ON THE BILL?
ACTING SPEAKER AUBRY: ON THE BILL.
MS. WALSH: THANK YOU. SO I THINK THAT PROUDLY,
AND AS MANY OF MY LAWYER COLLEAGUES CAN RELATE TO, I REALLY CAN SEE
BOTH SIDES OF THIS ONE. YOU KNOW, I THINK THAT ON THE PRO-SIDE FOR THE
BILL, YOU KNOW, IT COULD BE A REALLY LONG TIME BEFORE WE GET A DOLLAR
AMOUNT ASSESSED ON THE VALUE OF DAMAGES. HOLD ON A SECOND. I GOT
MY PAPERS NOT IN FRONT OF ME. OKAY. I THINK THAT THIS -- THIS BILL WILL
REALLY ONLY APPLY TO A VERY RELATIVELY SMALL NUMBER OF CLAIMS BROUGHT
EACH YEAR BECAUSE, YOU KNOW, ONE PERSON DESCRIBED IT TO ME ALMOST AS
LIKE THE UNICORN CASE, RIGHT, BECAUSE MOST OF THE TIME IT'S THE
DEFENDANTS WHO ARE BRINGING SUMMARY JUDGMENT MOTIONS INSTEAD OF
THE PLAINTIFFS. IT WOULD BE A CASE WHERE MAYBE IT WOULD BE A FALL UNDER
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NYS ASSEMBLY MAY 5, 2021
THE LABOR LAW OR SOMETHING THAT APPROACHES SOMETHING LIKE STRICT
LIABILITY BEFORE THE PLAINTIFF IS ACTUALLY GOING TO BE THE ONE BRINGING
THIS SUMMARY JUDGMENT MOTION.
SO I DON'T THINK IT'S GOING TO REALLY IMPACT A WHOLE
BUNCH OF CASES, BUT I ALSO THINK THAT -- AND I APPRECIATE THE FACT THAT THE
SPONSOR IS NOT SETTING A 9 PERCENT STATUTORY INTEREST. THAT'S ALREADY IN
THE LAW. HOWEVER, WE'VE GOT TO CONSIDER THE FACT, YOU KNOW, IN -- IN
ORDER TO BE FAIR TO THE PLAINTIFF, WHICH IS, I THINK, WHAT THE SPONSOR IS
INTENDING BY HAVING THIS BILL, WE WANT TO ALSO MAKE SURE THAT IT'S NOT
REALLY A PENALTY TO THE DEFENDANT BECAUSE INTEREST IS NOT SUPPOSED TO BE
A PENALTY. WE'VE GOT A COURT OF APPEALS CASE WHICH IS I THINK THE
LOVE CASE, IRONICALLY, LOVE V. STATE THAT SAYS THAT INTEREST IS NOT
SUPPOSED TO BE A PENALTY, BUT IT REALLY DOES APPROACH A WINDFALL FOR THE
PLAINTIFF IF THEY'RE ABLE TO GET THIS 9 PERCENT INTEREST RELATING ALL THE WAY
BACK TO WHEN THE TRIAL JUDGE DENIED INITIALLY THE -- THE SUMMARY
JUDGMENT MOTION. SO IT REALLY COULD ADD UP CONSIDERABLY. IT COULD
POTENTIALLY SKYROCKET AND BECOME HIGHER THAN THE VALUE OF THE
JUDGMENT ITSELF.
ON THE OTHER SIDE OF THINGS, YOU KNOW, I THINK THAT
ALTHOUGH THE, SAY INSURANCE COMPANY REPRESENTING THE DEFENDANT,
ALTHOUGH THEY CAN'T CONTROL THE SPEED AT WHICH THE COURT SYSTEM
PROCEEDS ON AN APPEAL, THEY ALWAYS HAVE THE ABILITY TO STEP IN AND TRY
TO SETTLE OR RESOLVE A CASE DURING THE PENDENCY OF THAT APPEAL OR EVEN
AFTERWARDS IF IT GETS REMANDED FOR A TRIAL ON DAMAGES. SO I DO THINK
THAT PROBABLY HAVING THIS BECOME LAW WOULD ENCOURAGE SETTLEMENTS IN
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NYS ASSEMBLY MAY 5, 2021
THESE TYPES OF CASES, SO I DO SEE THAT SIDE OF THINGS, AS WELL.
I THINK THAT THAT'S PRETTY MUCH ALL I HAVE TO SAY ABOUT
THAT. I PROBABLY WILL END UP SUPPORTING THIS BILL, HONESTLY, BECAUSE I
THINK THAT -- I THINK THAT IT REALLY IS NOT GOING TO IMPACT THAT MANY CASES
AND I DO THINK THAT INSURANCE COMPANIES DO ALWAYS HAVE THE ABILITY TO
-- TO SETTLE CASES AND RESOLVE THEM AS -- AS WE GO FORWARD. SO THANK
YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU
YIELD?
MS. CRUZ: I THOUGHT YOU WOULDN'T ASK.
MR. GOODELL: THANK YOU, MS. CRUZ.
ACTING SPEAKER AUBRY: MS. CRUZ YIELDS.
MR. GOODELL: THANK YOU, MS. CRUZ. I JUST
WANTED TO FLESH OUT A LITTLE BIT HOW THIS MIGHT WORK. LET'S SAY A
PLAINTIFF MAKES A MOTION FOR SUMMARY JUDGMENT AND WINS. OF COURSE,
THE SUMMARY JUDGMENT ONLY DEALS WITH LIABILITY, IT DOESN'T DEAL WITH
DAMAGES, RIGHT?
MS. CRUZ: CAN YOU REPEAT THAT LAST -- LIABILITY
DOESN'T DEAL WITH WHAT? I DIDN'T HEAR YOU, I'M SORRY.
MR. GOODELL: A MOTION FOR SUMMARY JUDGMENT
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NYS ASSEMBLY MAY 5, 2021
BY THE PLAINTIFF ONLY DEALS WITH LIABILITY, NOT WITH THE AMOUNT OF
DAMAGES, CORRECT?
MS. CRUZ: THAT'S CORRECT.
MR. GOODELL: MANY OF US NON-LAWYERS - WELL, I'M
A LAWYER - BUT MANY NON-LAWYERS MAY NOT REALIZE THAT EVEN IF YOU WIN
A MOTION FOR SUMMARY JUDGMENT THERE MAY BE EXTENSIVE DISCOVERY AND
MAYBE EVEN A JURY TRIAL OVER THE AMOUNT OF THE DAMAGES, CORRECT?
MS. CRUZ: THAT'S CORRECT, YES.
MR. GOODELL: SO LET'S FOLLOW A SCENARIO WHERE
THE PLAINTIFF MAKES A MOTION FOR SUMMARY JUDGMENT AND WINS, AND TWO
YEARS LATER YOU HAVE A TRIAL AND THEY ESTABLISH THE AMOUNT OF THE
JUDGMENT, HOTLY CONTESTED, THEY ESTABLISH THE AMOUNT OF THE JUDGMENT.
UNDER CURRENT LAW, INTEREST STARTS ONCE THE JUDGMENT IS RENDERED,
CORRECT?
MS. CRUZ: THAT'S CORRECT.
MR. GOODELL: SO UNDER CURRENT LAW, EVEN IF THE
PLAINTIFF WINS THE MOTION FOR SUMMARY JUDGMENT, UNDER CURRENT LAW
INTEREST ONLY STARTS ONCE THE LIABILITY HAS BEEN ESTABLISHED, CORRECT?
MS. CRUZ: CORRECT, YES.
MR. GOODELL: BUT UNDER THIS BILL, IF THE PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT IS INITIALLY TURNED DOWN AND THEN
REVERSED, THE JUDGMENT INTEREST RUNS NOT FROM THE DATE OF THE JUDGMENT
BUT ALL THE WAY BACK TO WHEN THE MOTION WAS TURNED DOWN EVEN THOUGH
THEY WOULD HAVE NEVER GOTTEN INTEREST IF THEIR MOTION HAD BEEN GRANTED
IN THE FIRST PLACE, RIGHT?
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NYS ASSEMBLY MAY 5, 2021
MS. CRUZ: YES, BUT YOU'RE -- CAN --
MR. GOODELL: SO MY QUESTION IS --
MS. CRUZ: -- CAN I ASK YOU A QUESTION ABOUT YOUR
SCENARIO? IN YOUR SCENARIO, AT WHAT POINT IS THE SUMMARY JUDGMENT
BEING MADE?
MR. GOODELL: WELL, LET'S SAY IT'S --
MS. CRUZ: BECAUSE I THINK BY THE USE OF YOUR
LANGUAGE, YOU'RE TRYING TO IMPLY THAT IT WOULD HAVE BEEN ALL THE WAY AT
THE BEGINNING OF THE TRIAL, AND IT'S UNFAIR --
MR. GOODELL: NO, NO, NO, AFTER THE DATE OF
SUMMARY JUDGMENT, RIGHT?
MS. CRUZ: -- SO I WANT TO -- UH HUH.
MR. GOODELL: SO WHY IS IT FAIR, UNDER THIS BILL,
THAT WE AWARD INTEREST ALL THE WAY BACK TO THE DATE THE MOTION FOR
SUMMARY JUDGMENT WAS DENIED WHEN WE WOULDN'T GIVE INTEREST EVEN IF
IT HAD BEEN GRANTED?
MS. CRUZ: WELL, IT'S FAIR BECAUSE IN A SUMMARY
JUDGMENT PROCEDURE EVEN IF YOU'RE NOT DETERMINING THE AMOUNT, YOU
ARE DETERMINING THAT THE FACTS POINT TO A CLEAR DECISION OF WHO'S
WINNING BASICALLY.
MR. GOODELL: OH, SURE, BUT I MEAN --
MS. CRUZ: AND ALL YOU HAVE TO THEN DETERMINE -- IF
YOU ALLOW ME TO FINISH MY SENTENCE, ALL YOU HAVE TO NOW THEN
DETERMINE IS WHAT THE AMOUNT IS.
MR. GOODELL: WELL, HAVING BEEN A PRACTICING
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NYS ASSEMBLY MAY 5, 2021
ATTORNEY FOR 40 YEARS, I'VE REPRESENTED PLAINTIFFS AND DEFENDANTS AND
OFTEN THE REAL ISSUE IN THE CASE IS NOT LIABILITY, IT'S THE AMOUNT OF
DAMAGES. SO WHY DO WE GIVE A SPECIAL RETROACTIVE 9 PERCENT INTEREST
FOR THOSE PLAINTIFFS WHOSE INITIAL MOTION ON LIABILITY WAS DENIED WHEN
WE WOULDN'T DO IT EVEN IF IT WOULD HAVE BEEN GRANTED? I MEAN, THAT'S
FUNDAMENTALLY UNFAIR. WHY DO WE TREAT SOME PEOPLE WITH RETROACTIVE
9 PERCENT INTEREST WHICH, BY THE WAY, IF YOU'RE LOOKING AT SAVINGS
ACCOUNT, IT'S PROBABLY 20 TO 30 TIMES MORE THAN YOU CAN GET IN A
SAVINGS ACCOUNT; WHY DO WE DO THAT? WHY SHOULD WE DO THAT?
MS. CRUZ: WE DO IT BECAUSE THE OTHER SIDE IS
FORCING THE PLAINTIFF TO GO THROUGH A PROTECTED APPEAL PROCESS THAT
SOMETIMES, DEPENDING ON WHICH JURISDICTION YOU'RE DOING, IT CAN TAKE
UP TO TWO YEARS TO EVEN GET INTO A COURTROOM, LET'S NOT EVEN TALK ABOUT
HOW LONG THE ACTUAL COURT DATE AND HEARING, ET CETERA, ET CETERA, COULD
TAKE PLACE. SO IF YOU'RE FORCING SOMEONE TO GO THROUGH ALL OF THAT AND
SPEND THE MONEY TO GET THEIR OWN MEDICAL CARE, PERHAPS, PAY FOR THE
LAWYERS, ET CETERA, ET CETERA, AT A TIME THAT HAD WE MADE THAT DECISION
BACK THEN, HAD IT BEEN ON THEIR SIDE, YOU WOULD'VE SPENT A LOT LESS TIME
MAKING SURE -- MAKING -- FIGURING OUT WHAT THE AMOUNT WAS AND WHO
WAS WINNING.
MR. GOODELL: SO THE PURPOSE OF THIS, THEN --
MS. CRUZ: IT'S ABOUT FAIRNESS.
MR. GOODELL: -- IS TO PUNISH DEFENDANTS FOR
DEFENDING THEMSELVES ON LIABILITY.
MS. CRUZ: WELL, YOU CALL IT PUNISHMENT, I CALL IT
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NYS ASSEMBLY MAY 5, 2021
ENCOURAGING SETTLEMENT.
MR. GOODELL: WELL, IT'S GREAT IF YOU'RE THE
PLAINTIFF TO ENCOURAGE SETTLEMENTS, AND IT'S HORRIFIC IF YOU'RE A
DEFENDANT WHO'S CONTESTING LIABILITY, RIGHT? I MEAN, THAT'S WHY WE
HAVE TWO SIDES AND LAWYERS REPRESENTING BOTH SIDES SO --
MS. CRUZ: I WOULD DISAGREE BECAUSE GENERALLY YOU
HAVE DEFENDANTS --
MR. GOODELL: -- SO YOU'RE SAYING THE PURPOSE OF
THIS -- LET ME JUST, IF I MAY, FINISH MY QUESTION. SO YOU'RE TELLING ME
THAT THE REASON WE WANT TO DO THIS IS BECAUSE WE WANT TO PUNISH PEOPLE
FOR EXERCISING THEIR RIGHT UNDER OUR CONSTITUTION TO CHALLENGE LIABILITY.
MS. CRUZ: NO, I AM ABSOLUTELY NOT SAYING THAT. I
AM SAYING THAT WHEN THESE APPEAL PROCESSES HAPPEN, IT'S GENERALLY THE
SIDE WITH THE MOST MONEY WHO CAN AFFORD TO DRAG THIS OUT -- IT'S A GAME
OF WHO'S GOING TO GIVE UP FIRST --
MR. GOODELL: OH, SO YOUR --
MS. CRUZ: I LET YOU FINISH, SO NOW YOU GOT TO LET ME
FINISH, RIGHT? SO IT IS A GAME OF WHO IS GOING TO GIVE UP FIRST, WHO HAS
MORE MONEY FOR LAWYERS, WHO HAS MORE MONEY TO DRAG THIS OUT AS LONG
AS POSSIBLE.
MR. GOODELL: SO HAVENING PRACTICED FOR YEARS, I
CAN ASSURE YOU, NOT ALL DEFENDANTS ARE RICH AND NOT ALL PLAINTIFFS ARE
POOR, RIGHT? YOU CAN HAVE A RICH PLAINTIFF AND A POOR DEFENDANT, RIGHT?
MS. CRUZ: I APPRECIATE YOU REMINDING ME, ANOTHER
LAWYER, THAT YOU'VE ALSO PRACTICED FOR YEARS, BUT YES, I COULD SEE WHAT
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NYS ASSEMBLY MAY 5, 2021
YOUR ARGUMENT IS BUT, AGAIN, THIS IS ABOUT FAIRNESS.
MR. GOODELL: WELL, I WOULD AGREE.
MS. CRUZ: OH, GOOD, NOW WE'RE AGREEING ON
SOMETHING.
MR. GOODELL: YES, AND AM I CORRECT, THOUGH, THAT
UNTIL THERE'S A JUDGMENT RENDERED, A DEFENDANT DOES NOT OWE THE
PLAINTIFF THAT MONEY, CORRECT, THAT'S WHY WE HAVE THIS PROCESS. THAT'S
WHY WE HAVE A CONSTITUTIONAL RIGHT TO A CIVIL TRIAL, RIGHT?
MS. CRUZ: YES, AND HAD THE DECISION BEEN MADE AT
THE POINT THAT WE ARE TRIGGERING HERE, THEN THE MONEY WOULD BE OWED
FROM THAT POINT.
MR. GOODELL: THANK YOU. I APPRECIATE YOUR
COMMENTS, MS. CRUZ.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: WE HAVE TWO PROBLEMS THAT ARE
OBVIOUS ON THIS BILL. THE FIRST ONE IS NOT ADDRESSED AT ALL BY THE BILL
AND IT CERTAINLY DOESN'T RELATE IN ANY WAY TO THE SPONSOR'S DESIRE AND
THAT IS THE FACT THAT CURRENTLY IN NEW YORK STATE OUR INTEREST RATE IS SET
BY STATUTE. IT DOESN'T VARY BASED ON INFLATION OR AVERAGE INTEREST RATES.
AND SO AS A RESULT, AS MY COLLEAGUES HAVE NOTED, THE INTEREST RATE IS 9
PERCENT, WHICH IS HIGHER THAN ANYTHING ELSE YOU CAN GET EXCEPT FOR
HIGHLY, HIGHLY SPECULATIVE JUNK BONDS. SO IT CREATES THIS PROBLEM
WHERE IF YOU LOSE A CASE AND LIABILITY IS ESTABLISHED, THERE'S A
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NYS ASSEMBLY MAY 5, 2021
TREMENDOUS INCENTIVE TO PAY RIGHT AWAY BECAUSE YOU LOSE MONEY FOR
EVERY DAY YOU DON'T PAY BECAUSE THE INTEREST RATE IS SO MUCH OUT OF
WHACK WITH WHAT YOU CAN RECEIVE ANYWHERE ELSE. BUT THAT'S JUST AN
OVERRIDING ISSUE ON THIS BILL AND NOT ADDRESSED BY THIS BILL.
SO EVERYONE SHOULD UNDERSTAND THAT IN A TRIAL, THERE'S
TWO ASPECTS TO EVERY TRIAL. THE FIRST ASPECT IS ESTABLISHING WHO IS AT
FAULT. AND AS MY COLLEAGUE NOTED, THAT'S NOT A BLACK AND WHITE ISSUE,
NOR IS IT ALL OR NOTHING. OFTENTIMES YOU'LL HAVE A CASE WHERE THE
PLAINTIFF MIGHT BE PARTIALLY AT FAULT. YOU MIGHT HAVE A CAR ACCIDENT
WHERE BOTH DRIVERS WERE NOT DRIVING PROPERLY, IN WHICH CASE THE COURT
HAS TO ALLOCATE LIABILITY AND SOMETIMES THAT'S COMPLEX. YOU CAN HAVE
CASES WHERE THE LIABILITY IS CLEAR, OR FAIRLY CLEAR, AND NOT FACTUALLY
DEPENDENT.
SO IT'S A TWO-STEP PROCESS. THE FIRST PROCESS IS TO
ESTABLISH WHO'S AT FAULT AND HOW MUCH OF THE LIABILITY THEY BEAR, WHAT
PERCENT, SINCE IT MAY BE ALLOCATED AMONGST MANY PEOPLE, AND THE
SECOND IS TO ESTABLISH DAMAGES. AND WHEN YOU'RE DEALING WITH A
PERSONAL INJURY CASE, YOU DON'T LOOK UP IN A LITTLE BLUE BOOK LIKE YOU DO
FOR YOUR CAR VALUE AND SAY, OH, BY THE WAY, A BROKEN ARM IS WORTH
X-DOLLARS AND PAIN AND SUFFERING IS WORTH Y-DOLLARS AND LET'S ADD IT UP.
IT'S OFTEN VERY COMPLICATED BECAUSE OFTEN, THE PLAINTIFF MAY HAVE
PRE-EXISTING INJURIES, OR THEY MAY HAVE RECOVERED FASTER THAN THEY
CLAIMED. THEY MIGHT HAVE EVEN CLAIMED THAT THEY'RE STILL DISABLED, YET
THE DEFENSE HAS PICTURES OF THEM DOING CONSTRUCTION WORK WITH NO
SIGNS OF ILLNESS OR INJURY. SO THOSE CAN BE VERY COMPLICATED.
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NYS ASSEMBLY MAY 5, 2021
NOW UNDER THE CURRENT LAW IF THE PLAINTIFF MAKES A
MOTION FOR SUMMARY JUDGMENT ON JUST THE LIABILITY AND WINS, THEY DON'T
GET A JUDGMENT, IT GOES TO THE NEXT STEP OF CALCULATING WHAT DAMAGES, IF
ANY. AND I HAVE HAD CASES, AS MANY OF US HAVE, WHERE YOU MAY HAVE
LIABILITY AND VERY LOW JUDGMENT OR NOT -- OR A MIX JUDGMENT, SO THERE --
THE LIABILITIES CANCEL OUT EACH OTHER. BUT UNDER CURRENT LAW IF YOU WIN
THAT MOTION, YOU DON'T GET INTEREST UNTIL THE LIABILITY HAS BEEN
ESTABLISHED, UNTIL THE AMOUNT HAS BEEN ESTABLISHED, AND THAT COULD BE
YEARS LATER. UNDER THIS BILL, YOU'D GET RETROACTIVE INTEREST NOT TO THE
DATE THAT YOUR LIABILITY WAS FIRST ESTABLISHED, BUT TO THE DATE THE MOTION
WAS DENIED. SO PLAN A, THE MOTION IS GRANTED, NO INTEREST RUNS UNTIL
THE JUDGMENT. THIS BILL PRESENTS PLAN B, YOUR MOTION IS DENIED AND
YOU GET RETROACTIVE INTEREST AT 9 PERCENT.
SO WHAT HAPPENS? WHAT IS THE PERVERSE INCENTIVE THAT
OCCURS? WELL, HERE'S THE PERVERSE INCENTIVE THAT THIS BILL CREATES. IF
YOU'RE A PLAINTIFF AND YOUR LIABILITY IS GREAT YOU CAN DO A LITTLE HAPPY
DANCE IF THEY DENY YOUR MOTION FOR SUMMARY JUDGMENT BECAUSE YOU'LL
BE ABLE TO DENY -- DELAY THE CASE AT LEAST TEN MONTHS JUST BEFORE YOU
FILE YOUR BRIEF, AND MOST LIKELY OVER A YEAR JUST TO GET IT REVERSED. AND
THEN WHAT DO YOU DO AS A PLAINTIFF? YOU'VE GOT THE LIABILITY
ESTABLISHED, RIGHT? THE INTEREST RUNS UNTIL THE DATE, UNDER THIS BILL, THAT
THE MOTION WAS DENIED AND SO NOW YOU DON'T EVEN NEED TO FIGHT THE
MOTION VERY MUCH. AND THEN YOU DRAG OUT THE LIABILITY SIDE, THE
JUDGMENT SIDE, WHY? BECAUSE YOU'RE GETTING A CLIENT 20, 30, 40 TIMES
MORE THAN THEY CAN GET ANYWHERE ELSE. AND SO THIS GIVES AN INCENTIVE
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NYS ASSEMBLY MAY 5, 2021
TO A PLAINTIFF TO DRAG OUT THE CASE AS LONG AS THEY POSSIBLY CAN BECAUSE
THEY ALREADY KNOW THEY'RE GOING TO GET MONEY AND THEY ALREADY KNOW
THEY'RE GOING TO GET RETROACTIVE INTEREST AT A RATE THAT'S FAR IN EXCESS OF
ANYTHING THEY COULD GET ANYWHERE ELSE FOR THEIR CLIENT.
NOW WHEN WE START TELLING PEOPLE THAT THEY CAN GET
INTEREST AGAINST A DEFENDANT EVEN THOUGH THERE'S NO JUDGMENT
WHATSOEVER AGAINST THE DEFENDANT, THERE'S NOTHING THE DEFENDANT CAN DO
TO PROTECT THEMSELVES IS THERE, EXCEPT TO WAIVE THEIR CONSTITUTIONAL
RIGHT TO DUE PROCESS. THINK ABOUT THAT. WHAT WE'RE SAYING IS WE
SHOULD ADOPT THIS SO THAT WE PUT PRESSURE ON DEFENDANTS TO WAIVE THEIR
CONSTITUTIONAL RIGHT TO DUE PROCESS, THEIR CONSTITUTIONAL RIGHT TO HAVE A
JURY LISTEN TO THE CASE BECAUSE IF THEY EXERCISE THEIR CONSTITUTIONAL
RIGHT AND THEY ASK A JURY OF THEIR PEERS TO DETERMINE HOW MUCH THEY
OWE, WE WILL PENALIZE THEM WITH 9 PERCENT RETROACTIVE INTEREST.
THE SYSTEM REFLECTS A BALANCE. THE SYSTEM THAT WE
CURRENTLY HAS SAYS TO THE DEFENDANT ONCE A JURY OR A JUDGE HAS
ESTABLISHED THAT YOU OWE MONEY, YOU SHOULD PAY IT RIGHT AWAY. BUT
THE CURRENT SYSTEM ALSO SAYS UNTIL A JURY OR A JUDGE HAS SAID HOW MUCH
YOU OWE, YOU DON'T HAVE TO PAY. AND THIS BILL SAYS UNLESS YOU WAIVE
YOUR RIGHT TO A TRIAL AND SETTLE, IF YOU TRY TO DEFEND YOURSELF ON THE FIRST
MOTION FOR SUMMARY JUDGMENT, WE'RE GOING TO PENALIZE YOU BY FORCING
YOU TO PAY 9 PERCENT INTEREST RETROACTIVELY EVEN THOUGH YOU COULD NOW
HAVE EVEN PAID THEM OFF RETROACTIVELY BECAUSE THERE WAS NO
ESTABLISHMENT OF LIABILITY. IT VIOLATES FUNDAMENTAL DUE PROCESS,
FUNDAMENTAL CONCEPTS OF FAIRNESS AND FOR THOSE REASONS, I WON'T BE ABLE
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TO SUPPORT IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. LUNSFORD.
MS. LUNSFORD: THANK YOU VERY MUCH. WILL THE
SPONSOR YIELD?
MS. CRUZ: YES.
ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU
YIELD? MS. CRUZ YIELDS.
MS. LUNSFORD: I JUST HAVE A QUICK QUESTION
BECAUSE I ACTUALLY WAS A PLAINTIFF'S LAWYER FOR TEN YEARS, AND IN THOSE
TEN YEARS I THINK I FILED THE SUMMARY JUDGMENT MOTION TWICE. THIS IS A
VERY RARE OCCURRENCE. IN THE EVENT -- UNDER OUR CURRENT CPLR IF I WERE
TO WIN AS THE PLAINTIFF, THE SUMMARY JUDGMENT MOTION ON THE FIRST TRY,
WHEN WOULD THE 9 PERCENT ATTACH?
MS. CRUZ: AT THE TIME WHEN THE DECISION WOULD
HAVE -- COULD HAVE BEEN MADE.
MS. LUNSFORD: OKAY, SO RIGHT THEN.
MS. CRUZ: YES.
MS. LUNSFORD: SO IF I WERE TO LOSE AND IT'S
APPEALED, UNDER CURRENT LAW IF I WERE TO WIN ON APPEAL, WHEN DOES THAT
9 PERCENT ATTACH?
MS. CRUZ: IF YOU WERE TO WIN APPEAL, IT'S AT THE
SAME TIME.
MS. LUNSFORD: AT THE SAME TIME AS THE APPEAL.
MS. CRUZ: YES.
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MS. LUNSFORD: SO THAT THEN CREATES A DIFFERENCE.
IF I HAD WON THE FIRST TIME, THE 9 PERCENT ATTACHES AT THE TIME I WON AT
THE SUPREME COURT LEVEL.
MS. CRUZ: THAT IS CORRECT.
MS. LUNSFORD: SO THERE'S A GAP.
MS. CRUZ: OF A WHOLE LOT OF MONEY FOR MANY
PEOPLE.
MS. LUNSFORD: SO WHAT YOUR LAW IS -- WHAT YOUR
PROPOSAL IS DOING IS JUST ALIGNING THE DECISION.
MS. CRUZ: ARGUABLY YES, ESPECIALLY WHEN YOU THINK
ABOUT THE FACT -- I THINK YOU MENTIONED IT IN SAYING THAT YOU'VE ONLY
FILED TWO OF THESE --
MS. LUNSFORD: YES.
MS. CRUZ: -- AND THIS IS A RARE OCCASION, BUT IN
THOSE RARE OCCASIONS THAT IT DOES HAPPEN, IT PUTS THE PERSON ON THE
LOSING END IN A HOLE -- IN A FINANCIAL HOLE THAT WE ARE TRYING TO -- TO
MAKE RIGHT.
MS. LUNSFORD: AND -- AND DO YOU HAPPEN TO
KNOW HOW MUCH IT COSTS TO FILE ONE OF THESE APPEALS IN NEW YORK?
MS. CRUZ: A LOT OF MONEY.
MS. LUNSFORD: I'LL SAY ON AVERAGE JUST THE
PRINTING COSTS WOULD ROUTINELY RUN ME ABOUT $2,000.
MS. CRUZ: AND THAT DEPENDS ALSO ON THE HOURLY RATE
OF WHATEVER LAWYER YOU HIRE.
MS. LUNSFORD: THAT'S CORRECT. I MEAN, THAT'S TRULY
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NYS ASSEMBLY MAY 5, 2021
JUST PRINTING THE MATERIAL TO SEND TO THE COURT. SO IT'S AN ONEROUS AND
COSTLY DECISION FOR A PLAINTIFF TO DECIDE TO APPEAL ONE OF THESE
DECISIONS, CORRECT?
MS. CRUZ: YES, AND ARGUABLY THE FINANCIAL
INCENTIVE FOR THE OTHER SIDE TO DRAG IT OUT AS MUCH AS POSSIBLE.
MS. LUNSFORD: ALL RIGHT. THANK YOU VERY MUCH.
THAT'S ALL.
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 ASSEMBLY PRINT 2199. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. I'M SO BLESSED TO
HAVE GREAT COLLEAGUES IN THE REPUBLICAN CONFERENCE THAT SPEAK
ELOQUENTLY ON BOTH SIDES OF THIS BILL, BUT THE REPUBLICAN CONFERENCE
WILL BE GENERALLY IN THE NEGATIVE. THOSE WHO WOULD LIKE TO VOTE IN THE
AFFIRMATIVE SHOULD CONTACT THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY COLLEAGUES WILL GENERALLY BE VOTING IN THE
AFFIRMATIVE ON THIS ONE. THERE MAY BE MEMBERS WHO WOULD DESIRE TO
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NYS ASSEMBLY MAY 5, 2021
BE AN EXCEPTION. IF SO, THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY
LEADER'S OFFICE, WE'LL BE PLEASED TO RECORD THEIR VOTE.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. GENERALLY, AS
MY COLLEAGUE ON THE OTHER SIDE MENTIONED, THESE ARE UNIFORM CASES.
YOU KNOW, YOU HAVE TO GO THROUGH THE WHOLE PROCESS OF PRESENTING
ENOUGH EVIDENCE FOR YOUR SUMMARY JUDGMENT MOTION TO BE GRANTED.
SO WHEN -- WHEN WE'RE SAYING THAT ON APPEAL YOU SHOULD GET THE
MONEY BACK TO THE DATE OF WHEN THE DECISION WOULD HAVE BEEN MADE,
IT'S BECAUSE THIS MONEY WOULD HAVE BELONGED TO THE PLAINTIFF IN THE FIRST
PLACE. THE PLAINTIFF NOW HAS TO BE OUT MONEY FOR MEDICAL COSTS, FOR
LAWYERS AND FOR GOD KNOWS WHAT ELSE DEPENDING ON THE PARTICULAR
CASE. AND ALL WE'RE SAYING IS IF -- RIGHT NOW UNDER THE LAW THERE'S AN
INCENTIVE TO DRAG OUT THE CASE AS MUCH AS POSSIBLE BECAUSE IN SOME
JURISDICTIONS WE'RE SEEING OUTWARDS OF 18 MONTHS AND NOW WITH
COVID WE'RE GOING TO SEE AN EVEN LONGER TIME, ALL WE'RE SAYING IS IN
THESE FEW INSTANCES WHERE IT HAPPENS, WE SHOULD BE PROTECTING NEW
YORKERS ENOUGH TO MAKE SURE THAT WE'RE MAKING THEM WHOLE. AND I
WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
AFFIRMATIVE.
MR. GOODELL.
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NYS ASSEMBLY MAY 5, 2021
MR. GOODELL: THANK YOU, SIR. I HAVE THE
FOLLOWING COLLEAGUES THAT WOULD LIKE TO SUPPORT THIS LEGISLATION: MR.
BROWN, MS. GIGLIO, MR. GIGLIO, MR. LEMONDES, MR. MONTESANO, MR.
MORINELLO, MR. NORRIS, MR. RA, MR. REILLY, MR. TANNOUSIS, AND MS.
WALSH. ALSO MS. MILLER. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MS. WALLACE AND MS.
WOERNER IN THE 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.
CALENDAR NO. 206, PAGE 18, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06046, CALENDAR NO.
206 --
MRS. PEOPLES-STOKES: MR. SPEAKER -- MR.
SPEAKER, IF WE COULD JUST RESERVE HANGING ON THAT ONE RIGHT NOW --
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
I'M SORRY.
MRS. PEOPLES-STOKES: -- AND I ACTUALLY LIKE TO
ASK YOU, MR. SPEAKER, IF YOU HAVE ANY HOUSEKEEPING OR RESOLUTIONS.
ACTING SPEAKER AUBRY: WE HAVE A NUMBER OF
FINE RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE, MRS.
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NYS ASSEMBLY MAY 5, 2021
PEOPLES-STOKES. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY
SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 251-255
WERE UNANIMOUSLY APPROVED.)
NO OTHER HOUSEKEEPING, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THANK YOU VERY MUCH. IF YOU COULD NOW CALL ON COLLEAGUE
JAIME WILLIAMS FOR AN ANNOUNCEMENT.
ACTING SPEAKER AUBRY: MS. WILLIAMS FOR AN
ANNOUNCEMENT.
MS. WILLIAMS: THANK YOU, MR. SPEAKER. AT THE
CALL OF THE SPEAKER, CONFERENCE WILL FOLLOW IMMEDIATELY. THANK YOU.
ACTING SPEAKER AUBRY: MAJORITY CONFERENCE
IMMEDIATELY FOLLOWING SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. MAJORITY
COLLEAGUES, IF YOU CAN MAINTAIN YOUR POSITION IN THE ZOOM AS WE
SPEAK, WE'LL BE GOING RIGHT INTO A CONFERENCE WITH THE SPEAKER.
I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL
THURSDAY, MAY THE 6TH, TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE
RECONVENE AT 2:00 P.M. ON MONDAY, MAY THE 10TH, MONDAY BEING A
SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 12:55 P.M., THE ASSEMBLY STOOD
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NYS ASSEMBLY MAY 5, 2021
ADJOURNED UNTIL THURSDAY, MAY 6TH, THURSDAY BEING A LEGISLATIVE DAY,
AND TO RECONVENE ON MONDAY, MAY 10TH AT 2:00 P.M., MONDAY BEING A
SESSION DAY.)
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