Post on 21-Jan-2023
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WEDNESDAY, MAY 10, 2017 11:00 A.M.
ACTING SPEAKER AUBRY: The House will come
to order.
In the absence of clergy, let us pause for a moment of
silence.
(Whereupon, a moment of silence was observed.)
Visitors are invited to join the members in the Pledge
of Allegiance.
(Whereupon, Acting Speaker Aubry led visitors and
members in the Pledge of Allegiance.)
A quorum being present, the Clerk will read the
Journal of Tuesday, May 9th.
Mr. Morelle.
NYS ASSEMBLY MAY 10, 2017
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MR. MORELLE: Yes, sir. I move to dispense with
the further reading of the Journal of Tuesday, May 9th and ask that the
same stand approved.
ACTING SPEAKER AUBRY: Without objection, so
ordered.
Mr. Morelle.
MR. MORELLE: Yes. Good morning, Mr. Speaker;
good morning, colleagues.
I do want to note that on this day in 1869, the First
Transcontinental Railroad linking the Eastern and Western parts of the
United States was completed at Promontory Summit, Utah. The two
railroad spurs were conjoined with a ceremonial Golden Spike,
creating a unified track of nearly 2,000 miles.
And under the heading of "Did you know," did you
know that L. Frank Baum, the author of The Wizard of Oz, was born in
Chittenango, New York, located in the 121st District which is ably
represented by our friend, Mr. Magee. Chittenango today still hosts
the Baum family home as well as an "All Things Oz" museum
devoted to the story of Oz and its famous author.
And while we may not have a yellow brick road, we
do have a path to getting everyone different places today, and let me
describe how we'll do that. I don't know, it's a stretch I'll admit.
(Laughter)
Members do have their desks a main Calendar, Mr.
Speaker. After any introductions and housekeeping, we'll continue to
NYS ASSEMBLY MAY 10, 2017
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work on consent, beginning with Calendar No. 277 which is on page
28 of the main Calendar and we will otherwise work on debate from
the main Calendar. So with that as a general outline, Mr. Speaker,
this would be the appropriate time for any housekeeping and
introductions we have, sir.
ACTING SPEAKER AUBRY: Mrs. Mayer for an
introduction.
MRS. MAYER: Thank you for allowing me to
interrupt the proceedings. I'm very pleased that we're joined today by
four distinguished administrators of the Yonkers Public Schools who
are here representing the Yonkers Council of Administrators. Dr.
Miriam Digneo, Steve Naber, Steve Murphy and Jane Wermuth. They
represent the best in our administrative leadership in the Yonkers
Public Schools as we continue to improve and strive towards creating
a better public school system for all our children. I urge that you grant
them all the cordialities of the House and I know on behalf of Mr.
Pretlow and myself, we appreciate their being present here today.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Mayer, Mr. Pretlow, the Speaker and all the members, we
welcome these educators here to the New York State Assembly. We
extend to you the privileges of the floor. We commend you on the
work that you do to ensure the great education that our children need.
Thank you for that work. Continue that work. Thank you.
(Applause)
Mr. McDonald.
NYS ASSEMBLY MAY 10, 2017
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MR. MCDONALD: Well, thank you, Mr. Speaker,
for allowing me to interrupt our proceedings today. As you know, we
will be passing a resolution shortly designating May, this month, as
Neurofibromatosis Month throughout New York State. NF, as it is
commonly called, is a disease, a genetic disorder that causes tumors to
grow along various types of nerves anywhere on the body. These
tumors can cause significant damage to hearing loss, visual
impairment, balance issues and other functional problems, depending
on the location of the tumors. Historically, treatment has been limited
to surgery along that tumor growth; however, researchers are working
feverishly to try to find other mechanisms to reduce these tumors and
prevent formation of new tumors. And as I have mentioned before in
the past, this research is working on a parallel path with cancer
research, as well, so both tragic diseases are seeing some positive
results and outcomes.
Many people may not realize this, but over 7,800
families throughout New York State are impacted by
Neurofibromatosis and the reality is - and we have some of our guests
here today who can attest to this - living with Neurofibromatosis is
very challenging. Our reason for designating this month of May as NF
Month is to call attention to this devastating disease, to thank the
clinicians who treat these patients, to thank the scientists who are
working to provide hope for these patients and their families, but more
importantly, it's to recognize these people here today whose lives are
affected by NF and whose valiant struggles to live full and productive
NYS ASSEMBLY MAY 10, 2017
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lives in spite of their disease should serve as an inspiration to all of us.
I'd just like to mention their names briefly. Joining us
today, a friend, of course, who works with us in other capacity with
the Academy of Family Practices, Vito Grasso; his daughter, Rebecca;
Amy Rodgers; Mya Rodgers; Eli Rodgers; Amanda Metott and Dalton
Metott; Melissa Zeina; Susan Benjamin; Caesar Tovar; Christina
Tovar and Jennifer Brickley. Mr. Speaker, if you could please extend
the cordialities of the House to these individuals and their families, I
would greatly appreciate it.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. McDonald, the Speaker and all the members, we welcome you
here to the New York State Assembly, the People's House. We extend
to you the privileges of the floor. We commend you on the work that
you're doing to help those suffering from this severe disease, and
continue that kind of work, helping those who may not be able to help
themselves. Thank you so very much. We're pleased to have you.
(Applause)
Mr. Pretlow.
MR. PRETLOW: Thank you, Mr. Speaker. Today
we have in our presence the semblance of greatness. As you all know,
I represent the great City of Mt. Vernon and this year, Mt. Vernon's
basketball team, the Mt. Vernon Knights, they won their not first, not
second, not fourth, not fifth, not seventh, not tenth, but their 11th State
Championship - a record for New York State, 11 State Champions -
and this is our 2017 team. A fantastic group of young men and I'd like
NYS ASSEMBLY MAY 10, 2017
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to just introduce them individually.
With us we have Gregory Calixte, Javius
Commodore, Joel Cooper, Justin Currie, Jason Douglas-Stanley,
Derrick Hamlin, Truth Harris, Chase Johnson, Demetreus Lee, Aaron
Lewis, Eric Monroe, Noah Morgan, John Richardson, Demetre
Roberts, Brandon Scott and Jayquan Smith. We also have, I would
say one of the greatest coaches in the United States because if you
look at the demographics of Mt. Vernon, it is a city of just four square
miles, and to draw the talent from a four-square-mile area takes a lot
of skill. Mt. Vernon High School -- High School has a record of
having five players in the NBA at the same time -- at the same time
Mt. Vernon High School had five players in the NBA. Currently, Ben
Gordon is our most recent graduate from the NBA. That coach is
Coach Bob Cimmino. He's been the coach -- he coached seven of the
11 New York State Championships. Also with us, we have Brian
Pritchett, Bryan Browne, Rich Swozzo, Paul Roland, Dwayne Brown
(sic) and our fantastic principal, Mr. Ron Gonzalez.
Mr. Speaker, I'd like for you to give this group of fine
young men your warm and cordial welcome. Thank you.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Pretlow, the Speaker and all the members, we welcome this
extraordinary basketball team and high school here to the New York
State Assembly. We extend to you the privileges of the floor. We
appreciate that you have taken your time to come and visit us. We
glory in your success. We hope that, young men, that you will use the
NYS ASSEMBLY MAY 10, 2017
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victories that you have achieved on the basketball court as a signpost
for victories in life. Everybody stops bouncing the ball sometime,
even me, so we really do appreciate that you have come here. We
hope your future will be bright and successful. Thank you so very
much.
(Applause)
Mr. Morelle.
MR. MORELLE: Thank you, Mr. Speaker. If we
could go to page 3 of the main Calendar, I'd like to take up
resolutions, beginning with Assembly Resolution No. 421 by Mrs.
Mayer.
ACTING SPEAKER AUBRY: The Clerk will read.
THE CLERK: Assembly Resolution No. 421, Mrs.
Mayer. Legislative Resolution memorializing Governor Andrew M.
Cuomo to proclaim May 12, 2017 as Asperger's Syndrome Day in the
State of New York.
ACTING SPEAKER AUBRY: Mrs. Mayer on the
resolution.
MRS. MAYER: Thank you, Mr. Speaker. I'm very
honored to be able to speak on behalf of this resolution and to be the
sponsor this year. As many of our colleagues may remember, this --
ACTING SPEAKER AUBRY: Proceed, Mrs. Mayer.
MRS. MAYER: Thank you, Mr. Speaker. As I
mentioned, I'm very, very honored to be able to be the sponsor and
speak on behalf of this resolution memorializing the Governor to
NYS ASSEMBLY MAY 10, 2017
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proclaim this Friday, May 12th, as Asperger's Syndrome Day in the
State of New York. I'm particularly honored and I think many of our
colleagues will remember that our former colleague, Janet Duprey,
who I'm glad is here with me today, has sponsored this resolution each
year that she's been in the Assembly. And she did it from a very
personal standpoint which I honor here today. She spoke on behalf of
her grandson, Jeremy, who has Asperger's Syndrome. I'm pleased to
say he is turning 23 on Friday, but the message that our former
colleague, Ms. Duprey, spoke about and which we need to continue to
advocate on behalf of is the -- the challenges that we face as a society
in educating and caring for, diagnosing and dealing with the real
problems that some of our children face as an increasing number are
diagnosed with Asperger's or on the Autism Spectrum. We need to
continue to take about education, about funding for services, about
public awareness, about shaming, and we need to talk about what we
can do better as a State and as a society to deal with the increasing
number of children and adults that are plagued with these challenges.
So it is my honor today to speak on behalf of this
resolution, to honor my colleague, the former Assemblywoman Janet
Duprey's continued advocacy and to hope to continue that in this
Chamber and thank you for the opportunity to speak loud and proud
about the need for Asperger's Syndrome to be considered and to be
taken seriously in our State. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
On the resolution, all those in favor signify by saying
NYS ASSEMBLY MAY 10, 2017
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aye; opposed, no. The resolution is adopted.
THE CLERK: Assembly Resolution No. 422, Mr.
McDonald. Legislative Resolution memorializing Governor Andrew
M. Cuomo to proclaim May 2017 as Neurofibromatosis Month in the
State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Mr. Morelle.
MR. MORELLE: Thank you, Mr. Speaker. If we
could pick up where we left off yesterday on consent, page 28 of the
main Calendar, I'd like to begin with Calendar No. 277 by Mrs.
Gunther.
ACTING SPEAKER AUBRY: The Clerk will read.
THE CLERK: Assembly No. 3134, Calendar No.
277, Gunther, Cahill, Zebrowski, Gottfried, Simon, Mosley, Titone,
Montesano. An act to amend the Mental Hygiene Law, in relation to
liability for the payment of fees for services rendered by the
Department of Mental Hygiene.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 3859, Calendar No.
278, Glick, Gottfried, Dinowitz, Cahill. An act to amend the
Alcoholic Beverage Control Law, in relation to procedures associated
with issuing licenses to sell liquor for consumption.
ACTING SPEAKER AUBRY: The bill is laid aside.
NYS ASSEMBLY MAY 10, 2017
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THE CLERK: Assembly No. 4225, Calendar No.
279, Glick, O'Donnell, Colton, Englebright, Rosenthal, Perry, Titone.
An act to amend the Insurance Law, in relation to prohibiting insurers
from canceling, refusing to issue or renew, or charging higher
premiums for homeowners' insurance based on the breed of dog
owned.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 4393, Calendar No.
280, Schimminger, Colton. An act to amend Chapter 413 of the Laws
of 2003 amending the Labor Law relating to the self-employment
assistance program and other matters, 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.
(The Clerk recorded the vote.)
Mr. Morelle.
MR. MORELLE: Yes, sir. A gentle reminder that
this is our first vote of the day, so ladies and gentlemen, let's get to it.
Anyone who can hear us, please join us. As we like to say, the water's
fine, come on in. So, first vote of the day.
ACTING SPEAKER AUBRY: First vote of the day,
members. In the sound of our voice, please come to the Chamber and
vote. If you are in the Chamber and in your seats, please vote now.
NYS ASSEMBLY MAY 10, 2017
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Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. 4413, Calendar No.
281, Pretlow. An act to amend the Racing, Pari-Mutuel Wagering and
Breeding Law, in relation to certain payments to the Horsemen's
Organization.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. 4560, Calendar No.
282, Abinanti. An act to amend the Public Health Law, in relation to
protections for the medical use of marihuana.
ACTING SPEAKER AUBRY: The bill is laid aside.
We need a little quiet so that we can hear the bills,
please.
THE CLERK: Assembly No. 5131, Calendar No.
283, Steck. An act to amend the Limited Liability Company Law, in
relation to liability of members for wages due to laborers, servants or
employees by domestic and foreign limited liability companies.
NYS ASSEMBLY MAY 10, 2017
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ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 60th
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. 5236, Calendar No.
284, Dinowitz, Paulin, Rosenthal, Jaffee, Crespo, Galef, Weprin,
Moya, Hooper, Blake, Johns, Seawright. An act to amend the Public
Health Law, in relation to requiring primary care physicians to post
certain information detailing how parents or guardians of infants and
children can subscribe to the United States consumer product safety
commission's e-mail subscription lists.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 5297, Calendar No.
285, Ramos. An act to amend the Real Property Tax Law, in relation
to adjusted base proportions for assessment rolls.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
NYS ASSEMBLY MAY 10, 2017
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Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. 5382, Calendar No.
286, Cusick, Kavanagh, Sepulveda, Lifton, Carroll, Galef, Ortiz,
Abinanti, Colton. An act to amend the Election Law, in relation to
enacting the Voter Enfranchisement Modernization Act of 2017; in
relation to establishing the electronic personal voter registration
process.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 5529, Calendar No.
287, Englebright. An act to amend Chapter 672 of the Laws of 1993,
amending the Public Authorities Law relating to the construction and
financing of facilities for certain public libraries, in relation to
including the Port Jefferson Free Library within the provisions of such
chapter.
ACTING SPEAKER AUBRY: On a motion by Mr.
Englebright, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
NYS ASSEMBLY MAY 10, 2017
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The bill is passed.
THE CLERK: Assembly No. 5698-A, Calendar No.
288, Garbarino, DenDekker. An act to amend the Highway Law, in
relation to designating a portion of the State Highway System in the
Town of Islip, County of Suffolk, as the "Specialist Matthew E. Baylis
Memorial Bridge."
ACTING SPEAKER AUBRY: On a motion by Mr.
Garbarino, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. 5844 --
ACTING SPEAKER AUBRY: One minute, please.
Mr. Morelle.
MR. MORELLE: Thank you, Mr. Speaker, for
allowing a brief interruption for the introduction of a distinguished
group of young women. We are delighted to have in the Chamber this
afternoon both teachers and students from the Torah Academy for
Girls which is located in Ms. Amato Pheffer's (sic) district and our
colleague is really excited to have nearly 100 young women, 8th
NYS ASSEMBLY MAY 10, 2017
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graders, from the Torah Academy for Girls and I do want to talk about
that in just a moment. I also want to acknowledge that our colleague,
Ms. Miller, although the -- the Academy is not in her district, has a
number of constituents, as well, that are here and part of this
delegation.
This school has served young Jewish women in -- in
that community for over 50 years and these students are choosing to
spend their 8th grade trip with us today, and we're delighted that they
have done that. And their principal, Mrs. Wieder, is here along with a
number of staff people, and this staff teaches these exceptional young
women. And the Academy has a special and central role in -- in the
Rockaways and in Ms. Amato -- Pheffer Amato's district. And they
are fostering the next generation of leadership both academically and
spiritually. We are delighted to be there. I had a few minutes to
spend with them, and they're going on a whole host of different
activities over the next couple of days as part of their class trip. We're
delighted to have them. If you would please extend all the cordialities
of the House to this fine group.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Pheffer Amato, Ms. Miller, the Speaker and all the members,
we welcome this distinguished group of young women here to the
New York State Assembly. We extend to you the privileges of the
floor. We hope this trip to Albany will be beneficial, a learning
experience, some fun and -- but most of all, that you have had the time
to come and share the -- the proceedings of the House. Please be
NYS ASSEMBLY MAY 10, 2017
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always welcome here. Thank you for coming.
(Applause)
MR. MORELLE: Mr. Speaker, one thing I do also
want to completely embarrass one of the young ladies and
acknowledge that she's the niece of Ken Lovett from the Daily News,
so I'm expecting a full-page story tomorrow on how well the
Assembly treated this extraordinary group of young women. So,
please make a special point of that, if we could.
ACTING SPEAKER AUBRY: We're are always
pleased to have relatives of Mr. Lovett in the House.
(Applause)
The Clerk will read.
THE CLERK: Assembly No. 5844, Calendar No.
289, Walker, Sepulveda, Gantt, Wright, Ramos, Cook, Blake,
Bichotte, Hyndman, Perry, Hooper, Mosley, Barron, Jean-Pierre,
Harris, Vanel, Carroll, Dinowitz, Abinanti, Cymbrowitz, Gjonaj,
Colton, Glick, D'Urso, Lavine, Zebrowski, Kavanagh, Lupardo, Fahy,
Ortiz, Lupinacci, Solages, Brindisi, Bronson, Simotas, Skoufis,
Hunter, Rivera, Crespo, Hevesi, De La Rosa, Gottfried, McDonald,
Simon, Paulin, Jaffee, Rosenthal, Hikind, Cahill, Pheffer Amato,
Brabenec, Rozic, Jenne, Pichardo, Steck, Buchwald, Galef, Dickens,
Peoples-Stokes, Kearns, Pretlow, Benedetto, Weinstein, Williams,
O'Donnell, Moya, Weprin, Lentol, Stirpe. An act to amend the
Election Law, in relation to mandatory training curriculum for
election commissioners, key staff of boards of elections and poll
NYS ASSEMBLY MAY 10, 2017
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workers.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 5931, Calendar No.
291, Ramos, Ortiz, Cusick, Magnarelli, Lupardo, Titone, Aubry,
Weprin, McDonald. An act to amend the Executive Law, in relation
to establishing the New York State Interagency Coordinating Council
for Service-Disabled Veterans, defining the powers and duties of the
council and requiring an annual report by the Council to the Governor,
the Temporary President of the Senate and the Speaker of the
Assembly.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 5984, Calendar No.
292, McDonald, Harris, Schimminger, D'Urso, Ortiz, Skoufis. An act
to amend Chapter 987 of the Laws of 1971 amending the Education
Law and the Civil Practice Law and Rules relating to the regulation
and practice of certain professions; and to continue the Dental Society
of the State of New York, in relation to counting representation in the
New York State Dental Association.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
NYS ASSEMBLY MAY 10, 2017
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The bill is passed.
THE CLERK: Assembly No. 6037, Calendar No.
293, Lupardo, M. G. Miller, Ortiz, Harris, Crespo, Kearns, Glick,
Mosley, Seawright, Colton, Jaffee, Hooper, O'Donnell, Blake, Barron,
Sepulveda, Dinowitz, Carroll, De La Rosa, Davila, Gottfried,
Richardson. An act to amend the Real Property Tax Law, in relation
to outreach, status and time limits relating to the Tax Abatement
Program for rent-controlled and rent-regulated property occupied by
senior citizens or persons with disabilities.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. 6053, Calendar No.
294, Nolan, Benedetto, Blake, Colton, Cook, D'Urso, Glick,
Hyndman, Jaffee, Ortiz, Pheffer Amato, Santabarbara, Seawright,
Sepulveda, Simon, Simotas. An act to amend the Education Law and
the Public Health Law, in relation to a sepsis awareness, prevention
and education program.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 6283, Calendar No.
NYS ASSEMBLY MAY 10, 2017
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295, Walker, Kavanagh, Cusick, Buchwald, Blake, Carroll,
Sepulveda, Gantt, Lentol, Abinanti, Vanel, Harris, Perry, Lavine,
Cymbrowitz, Barron, Ortiz, Colton, Bichotte, Magee, Hunter, Gjonaj,
Bronson, Crespo, Hevesi, Rivera, Gottfried, De La Rosa, McDonald,
Jaffee, Rosenthal, Galef, Pheffer Amato, Hooper, Hyndman, Pichardo,
Dickens, Jean-Pierre, Richardson, Fahy, Jenne, Rozic, Glick, D'Urso,
Braunstein, Rodriguez, Benedetto, Kearns, Peoples-Stokes, Pretlow,
O'Donnell, Moya, Aubry, Mosley. An act to amend the Election Law,
in relation to establishing an electronic registration process integrated
within designated agency applications.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. 6387, Calendar No.
296, Pretlow. An act to amend the Tax Law and Chapter 535 of the
Laws of 1987, amending the Tax Law relating to the City of Yonkers
personal income tax surcharge, in relation to extending the expiration
date of the personal income tax surcharge.
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.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
NYS ASSEMBLY MAY 10, 2017
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THE CLERK: Assembly No. 6389, Calendar No.
297, Pretlow. An act to amend the Local Finance Law, in relation to
bonds and notes of the City of Yonkers.
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.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, Mr. Speaker, to
explain my vote. This bill - and we have one coming up dealing with
New York City - authorizes the City of Yonkers to sell its bonds at a
private sale. The State Finance Law generally requires that
municipality sell their bonds at a public sale and the reason for the
requirement of a public sale is because it maximizes competition
which usually results in a better price to the municipality. It
eliminates problems with favoritism because it's an open, competitive
process and you don't have favorites or people who are excluded, and
because it's -- a public sale is open and competitive, it reduces the
possibility of fraud or corruption.
The City of Yonkers was given the authority to have
a private sale when it was in great fiscal stress many years ago. They
are no longer in fiscal stress and their bonds now have an A-rating
which is an investment grade rating. New York City was given
NYS ASSEMBLY MAY 10, 2017
21
authority to sell bonds at private sale back in 1978, 40 years ago,
under an emergency -- a temporary emergency authorization. No
other municipalities in New York State sell in a private sale except for
those who are under a control board or a financial restruction board.
So I don't think this is a good idea for us to automatically grant private
sale exemptions automatically year after year, decade after decade
because at some point in the history they suffered a financial
challenge. The rationale for public sales makes good sense and for
that reason I will be voting against this one and against the one for
New York City. I will continue to support private sale for those
municipalities who are under a financial control board where they
actually do need to negotiate private sale. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Morelle.
MR. MORELLE: Yes, thank you, sir. I'd like to take
up on page 5 of the main Calendar Rules Report No. 57 by Mr. Quart,
and I would ask, I know this seems like a festive, you know, sort of
feeling in here, we need a little quiet so we can hear the members. So,
if we could go to that right now.
ACTING SPEAKER AUBRY: The Clerk will read.
THE CLERK: Assembly No. 5667-A, Rules Report
NYS ASSEMBLY MAY 10, 2017
22
No. 57, Quart. An act to amend the Penal Law, in relation to the
definition of a gravity knife.
ACTING SPEAKER AUBRY: An explanation is
requested, Mr. Quart.
MR. QUART: This bill addresses an inequity in the
Penal Law pertaining to so-called "gravity knives"; in fact, gravity
knives have not been manufactured in the United States for the last 30
years. Instead, pocket knives purchased at hardware stores throughout
New York City and New York State subject the individual who
purchases those knives to arrest and prosecution. Most alarmingly,
this practice occurs in the county in which I represent in Manhattan
under the auspices of Cy Vance, the worst offender of that practice.
An earlier iteration of this bill was vetoed by Governor Cuomo. In
response to his veto message, certain language changes were made
and that is the bill that is before you this morning -- or afternoon.
ACTING SPEAKER AUBRY: One minute, Mr.
McKevitt. We'll let that crowd disperse, shh.
(Pause)
You can proceed. They're quieter than we are.
MR. MCKEVITT: Thank you. Will the sponsor
yield for some questions, please?
MR. QUART: Yes, I'll yield.
ACTING SPEAKER AUBRY: Mr. Quart yields.
MR. MCKEVITT: I certainly understand the intent
behind your bill and your attempts to try to rectify an inequity because
NYS ASSEMBLY MAY 10, 2017
23
I think what the situation you're looking to address is that people have
purchased knives and they use it either in warehouses for work or
maybe for artistic reasons and they purchase a knife at a store, could
be a Home Depot, because it's perfectly legal, and then they get
stopped by a police officer and then the question is under the current
test is that a gravity knife under the current statute is a knife which
either can be, I guess, deployed or activated by simple force of gravity
or by the use of centrifugal force and that, I guess, is known as the
wrist flick test or flick wrist test, however you want to do it. So, they
would take it out and you would go with the flick of the wrist be able
to open it and you get to a situation where people can't do it on
themselves, but then the police officer will do it and people who very
innocently purchased a knife who very much think it's a legal knife are
now being arrested for a criminal knife. So, is that really the -- the
problem that you're trying to solve here?
MR. QUART: In many respects, yes, Tom. The
problem is about an ambiguity in the Penal Law where people
purchasing something they have every reason to believe is legal can
then be arrested if depending on the athletic prowess of that officer's
wrist flick. And I can't think of anything more arbitrary than someone
facing criminal charges, prosecution and in rare occasions jail time for
something they have no reason to believe is criminal conduct.
MR. MCKEVITT: And I agree. I think the dilemma
is is how do we go and protect those who are -- are innocently or
maybe, you know, getting arrested for something and have no intent,
NYS ASSEMBLY MAY 10, 2017
24
will never use it criminally, bought a knife very innocently and then
balancing it towards I guess the purpose that these laws were enacted
first in 1950. In the 1950's, not only did we do the law going and
outlawing the gravity knife, and I believe that when the gravity knife
was first outlawed, it was dealing with a rather specific type of knife.
I think it was a German paratrooper knife and, incidentally, while
researching it that one of the more legitimate uses for gravity knives is
among those who do parachuting and if you're getting -- you're caught
in a tree and obviously you may have very limited use of what hands
you could do with something is to have a knife to be able to go and
free yourself, you know, without having to go and use two hands to
open it up. So I think that was the purpose behind that.
The Legislature at that time had given, I guess, a
rather broad definition of gravity knife to include either a knife
opened by gravity or centrifugal force, but around the same time is
when a prior Legislature in this Chamber also enacted the ban on
switchblades and, again, I think that the purpose behind those bans is
the thought is that if you had a knife which could be opened very
quickly with one hand, it could be very quickly concealed, it could be
opened and a situation where a person could be stabbed or harmed.
So I think that's the reason why we have the bans on
it and I guess my concern with your bill is is that it would hopefully
solve the problem for those innocently being charged for going and
possessing a knife which they would not have any malintent with
using that knife whatsoever and when purchased in a legitimate store
NYS ASSEMBLY MAY 10, 2017
25
they didn't think it was the case, but it still then opens up the case
whereby people would be able to go and have a knife which would be
opened by one hand. And even for those who would, say, take a
legitimate pocket knife and either through lubrication or whether by
manipulating the device they can take a knife which originally would
be considered your ordinary pocket knife, Swiss Army Knife which
takes two hands to open and close and then make it into a type of
knife which would be opened by one hand, and the way that the bill
under your current version is written would allow those to posses that
type of knife.
So that's the dilemma. I understand exactly where
you want to go, I'm just in a dilemma whether the way you're
amending it is, indeed, so broad it would then allow those who do
have that ill-intent and, therefore, legalize it. That's -- that's my
concern.
MR. QUART: I think your colloquy brings up two
points.
MR. MCKEVITT: Yeah.
MR. QUART: One, the natural ambiguity in even
trying to evaluate somebody's motive going into a hardware store and
purchasing something they have every reason to believe is a legal
instrument.
MR. MCKEVITT: Right.
MR. QUART: So we -- we can -- it's worthy of
debate by going back to the individual that goes into that hardware
NYS ASSEMBLY MAY 10, 2017
26
store or through mail or through any means in New York State which
one can purchase a folding knife, it's impossible to determine their
motives and why they bought that.
MR. MCKEVITT: Right.
MR. QUART: That suggests that we should not
prosecute in any way no matter what that judgment is by that person.
And, too, just on the second point, this is not -- this is not something
that's not employed and not prosecuted. There are real life
consequences in here. Unfortunately, in New York County in the
district that I represent in Manhattan, being worse than any other
district under Cy Vance's auspices, four times more than all the other
DAs in New York City combined. Probably in your county and
Nassau or Suffolk this is not prosecuted at all. It's the ambiguity not
only trying the impossibility of deterring someone who purchases
something they have no reason to be is criminal, but also you're
prosecuted depending on where you're stopped for this.
MR. MCKEVITT: Right.
MR. QUART: So in Nassau or Suffolk County, as
far as I know no prosecution, even Brooklyn and Queens maybe four
or five over a six-month period based upon the Legal Aid Society's
numbers who represents 50-60 percent of indigent defendants. But in
Manhattan, 14th Street or in East Harlem, the numbers are extremely
high about those who are prosecuted and I think it's important to note
for my colleagues also a disproportionate number of
African-American and Latino people being prosecuted and arrested
NYS ASSEMBLY MAY 10, 2017
27
for this crime is compared to the area and the percentages of their
numbers within that zip code.
MR. MCKEVITT: And I think -- again, I think you
bring up a very important point that, and again, the question is
whether the problem is the statute itself or maybe the -- the broader
question is is how it's being prosecuted and how it's being enforced in
one office. I think you make the point that, indeed, in Manhattan
there are far more than the rest of the State. I don't know if there are
any in Nassau and Suffolk. I never heard of it, but I can certainly say
it's probably nowhere near the 4- to 5,000 which you may be dealing
with in New York County in a single year.
And, again, that brings up, again, when the members
are voting on the bill, the concern is, again, you know, there's an issue
that you have that there may be one office which is interpreting and
prosecuting this more than any others and the way we're solving this is
by changing the statute. And, you know, we could look at it
throughout the rest of the State regarding other types of, you know,
laws whether they be firearms or anything like that, whether we
should be changing the statute because one office decides to prosecute
in a different way. I'm not saying there's a right or wrong answer here,
but I'm just saying it's just an interesting way of trying to solve a
problem and -- and the solution to it.
MR. QUART: I think the -- the ambiguity by
different District Attorneys throughout New York State demonstrates
the need for legislative action. By passing this iteration of this bill and
NYS ASSEMBLY MAY 10, 2017
28
bringing it to the Governor again for his consideration if this was
passed, then you would probably stop most of the arrests and the
prosecutions would be impossible. So, essentially, we would be
mandating a certain set of circumstances where District Attorneys
could not prosecute it. Hopefully the arrests would stop, but under
265 -- Penal Law 265 when we pass this legislation if the Governor
signed it, the prosecutions, most of the prosecutions that exist today
would not be possible in the future.
MR. MCKEVITT: And just to go back to what
you're talking about, the prior bill you're dealing with last year. You
had a version which did pass both Houses and did go to the Governor.
And, as a matter of fact, I think after speaking to you, the version of
the bill you used last year is one that had been used in other states.
MR. QUART: Nine or 10 other states have used the
exact same language. The Governor in his veto message suggested in
some way that that language was inartful.
MR. MCKEVITT: Right.
MR. QUART: So in response to that veto message,
we're back with a different -- a new draft.
MR. MCKEVITT: Okay. And I'm just wondering
whether there's been any conversations with the Governor's Office
whether the way you have changed the language this year would be in
accordance with the desires to change it, but also address the concerns
he had in his veto message that, again, that there was very hard to
maybe I think for, again, maybe another interpretation issue as to what
NYS ASSEMBLY MAY 10, 2017
29
knives would or would not be included under last year's language.
MR. QUART: My hope is the Governor and their
counsel's office accepts this interpretation, but regardless, I think it's
important to note that if this bill passes, it would have the same effect
as the bill that passed last year. The prosecutions would stop, the
arrests would most likely stop and people would not be prosecuted
anymore for simple possession of something they purchased in a
hardware store.
MR. MCKEVITT: And I agree it would. And,
again, the one caveat I had was is whether it then goes and it's so
broad that those who do have the intent, we've already discussed
beforehand, would have a knife which, again, has been illegal up to
this point and then legalizes it. We can have a discussion all day long,
but just the concerns.
MR. QUART: We could've had it last night at
dinner, but I will say there -- you know, the Village Voice looked at
over a 12-year period, 60,000 people in New York City were stopped
or arrested and prosecuted to some extent, put through the criminal
justice system. So, it's not an insignificant number of people. Over a
15-year period, the Legal Aid Society can provide all sorts of
numbers, but we're talking about 60- maybe 75,000 New York City
residents, disproportionately African-American and Latino who are
stopped, arrested and some sent to State jail and State prison for the
simple possession of something they use to cut boxes with, cut ropes
with. There is a great inequity here exacerbated by certain District
NYS ASSEMBLY MAY 10, 2017
30
Attorneys who prosecute this more than others. This bill is important
because it would resolve that and those prosecutions would no longer
be possible.
MR. MCKEVITT: Thank you very much.
MR. QUART: Thank you.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mr. Walter to explain his vote.
MR. WALTER: Thank you, Mr. Speaker, to explain
my vote. I would just remind some of my colleagues that this is a bill
that is not only common sense and -- and makes improper
prosecutions, eliminates them, but it's also supported by sportsmen,
the NRA, SCOPE, New York State Rifle and Pistol Association.
These are -- this is a good bill. We need to make sure that we pass it
and that we end these -- these useless prosecutions. Thank you.
ACTING SPEAKER AUBRY: Mr. Walter in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Morelle.
MR. MORELLE: Thank you, sir, for allowing a brief
NYS ASSEMBLY MAY 10, 2017
31
interruption so that I can introduce a distinguished group of young
men and women and their parents. We're delighted to have
representatives of New York State Loving Education at Home. This is
a group of homeschooled individuals and they have graced our
Chamber before, an earlier group just a few weeks, and Michael
Bailey who is with the group is here, as he was earlier, and I want to
acknowledge all their hard work. They're learning as they observe us
and got a chance to listen to the previous debate and watch the vote
and we're delighted to have them as part of their education. If you'd
please extend all the cordialities of the House on behalf of all the
members. I know a number were interested in having them
introduced, and we're delighted to do that.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Morelle, the Speaker and all the members, we welcome you
here to the New York State Assembly. We extend to you the
privileges of the floor. We hope that your time here in Albany will be
beneficial. We support you as you do what you need to do to raise
strong and progressive children. Thank you so very much.
(Applause)
Mr. Morelle.
MR. MORELLE: Thank you, Mr. Speaker. Before I
ask you to take up any resolutions, I do want to wish everyone a
Happy Mother's Day. Hope everyone spends time with their family
over the weekend.
And with that, Mr. Speaker, do we have any
NYS ASSEMBLY MAY 10, 2017
32
resolutions to take up?
ACTING SPEAKER AUBRY: Certainly, sir.
Numerous resolutions, we will take them up in one vote.
On the resolutions, all those in favor signify by saying
aye; opposed, no. The resolutions are adopted.
(Whereupon, Assembly Resolution Nos. 423-426
were unanimously adopted.)
Mr. Morelle.
MR. MORELLE: Yes, sir. I now move that the
Assembly stand adjourned until May 11th, tomorrow is a legislative
day, and that we reconvene Monday, May 15th at 2:00 p.m., Monday
is a Session day.
ACTING SPEAKER AUBRY: The Assembly stands
adjourned. Happy Mother's Day.
(Whereupon, at 12:28 p.m., the Assembly stood
adjourned until Thursday, May 11th, Thursday being a legislative day,
and to reconvene on Monday, May 15th at 2:00 p.m., Monday being a
Session day.)