1 WEDNESDAY, MAY 10, 2017 11:00 A.M. ACTING SPEAKER ...

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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


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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.


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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


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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.


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


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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.


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


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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


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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


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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.


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.


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.



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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.



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.


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Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.


281, Pretlow. An act to amend the Racing, Pari-Mutuel Wagering and

Breeding Law, in relation to certain payments to the Horsemen's

Organization.




the vote.




The bill is passed.


282, Abinanti. An act to amend the Public Health Law, in relation to

protections for the medical use of marihuana.


We need a little quiet so that we can hear the bills,

please.


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.


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THE CLERK: This act shall take effect on the 60th

day.


the vote.




The bill is passed.


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.



285, Ramos. An act to amend the Real Property Tax Law, in relation

to adjusted base proportions for assessment rolls.




the vote.



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The bill is passed.


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.



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 vote.





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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 vote.




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


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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.


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


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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.


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


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workers.



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.



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.




the vote.





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The bill is passed.


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.




the vote.




The bill is passed.


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.




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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.



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 vote.




The bill is passed.


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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 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


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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.



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.


THE CLERK: Assembly No. 5667-A, Rules Report


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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


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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,


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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


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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


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. 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. 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


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


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. 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


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


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.




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.



The bill is passed.

Mr. Morelle.

MR. MORELLE: Thank you, sir, for allowing a brief


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.


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


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.)

1 WEDNESDAY, MAY 10, 2017 11:00 A.M. ACTING SPEAKER ...

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