MONDAY, FEBRUARY 5, 2018                              2:22 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 THE REVEREND ELIA WILL OFFER A PRAYER.

                                 REVEREND DONNA ELIA:  LET US PRAY.  HOLY

                    GOD, YOU GAVE US THIS DAY AND YOU DESERVE OUR PRAISE.  THANK YOU

                    FOR EACH MEMBER OF THIS ASSEMBLY AND FOR THEIR COLLECTIVE WISDOM AS A

                    BODY.  BLESS THEIR LOVED ONES AND ALL THEY HOLD DEAR.  THANK YOU FOR

                    THEIR COMMITMENT TO LISTENING AND LEARNING AS THEY CONTEMPLATE,

                    DELIBERATE AND DECIDE UPON WHAT OUR COMMUNITIES, OUR STATE AND THE

                    WORLD MOST NEED.  POUR OUT YOUR WISDOM AND COMPASSION UPON THEM,

                    ESPECIALLY WHEN THE ISSUES ARE PARTICULARLY CHALLENGING, AND RENEW THE

                    SPIRIT OF ANY WHO FEEL WEARY OR UNWELL.  THANK YOU FOR ALL STAFF PEOPLE

                    AND HELP US TO APPRECIATE THE WORK THAT SOMETIMES GOES UNSEEN, BUT

                                          1



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    EQUIPS THIS BODY.  FOR THE LENGTH OF DAYS, FOR THE HOPE OF BUILDING A

                    BETTER WORLD, FOR MEANINGFUL WORK AND GOOD COLLEAGUES, WE GIVE YOU

                    THANKS.  BRING AN END TO POVERTY, OPPRESSION AND VIOLENCE AND GRANT US

                    PEACE.  IN YOUR HOLY NAME WE PRAY, AMEN.

                                 ACTING SPEAKER AUBRY:  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 SUNDAY, FEBRUARY 4TH.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I MOVE

                    TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY,

                    FEBRUARY 4TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, MR. SPEAKER,

                    COLLEAGUES.  HAPPY MONDAY.  I WANT TO NOTE THAT ON THIS DATE, MR.

                    SPEAKER, IN 1922, THE FIRST EDITION OF READER'S DIGEST WAS PUBLISHED.

                    THE LEAD ARTICLE BY INVENTOR ALEXANDER GRAHAM BELL, WHERE HE

                    DISCUSSED THE IMPORTANCE OF SELF-EDUCATION AS A LIFELONG HABIT.  AS IT

                    TURNS OUT, STILL GOOD ADVICE 96 YEARS LATER.

                                 AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU

                    KNOW THAT EZRA CORNELL, FOUNDER OF CORNELL UNIVERSITY, SERVED AS A

                                          2



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    MEMBER OF THE NEW YORK STATE ASSEMBLY, AS WELL AS A MEMBER OF THE

                    NEW YORK STATE SENATE.  CORNELL UNIVERSITY IS LOCATED IN THE 125TH

                    ASSEMBLY DISTRICT REPRESENTED BY OUR DEAR FRIEND, MS. LIFTON.  MR.

                    CORNELL REPRESENTED TOMPKINS COUNTY IN THE ASSEMBLY FROM 1862 TO

                    1863 AND IN THE SENATE FROM 1864 TO 1867.  AND DURING HIS TERM HERE

                    IN THE ASSEMBLY, HE SAW GREAT OPPORTUNITY IN THE 1862 MORRILL

                    LAND-GRANT COLLEGES ACT AND WANTED TO FOUND A UNIVERSITY THAT WOULD

                    TEACH PRACTICAL SUBJECTS ON AN EQUAL BASIS WITH THE CLASSICS FAVORED BY

                    MORE TRADITIONAL INSTITUTIONS.  CORNELL UNIVERSITY WAS FOUNDED AND, OF

                    COURSE, IS ONE OF THE GREAT UNIVERSITIES IN THE COUNTRY AND, CERTAINLY, IN

                    NEW YORK STATE.

                                 AND WITH THAT, MR. SPEAKER, LET ME DESCRIBE OUR

                    ACTIVITIES FOR THE DAY.  IT WILL BE A BUSY DAY FOR ALL OF US.  LET ME BEGIN

                    WITH -- WE WILL START, OBVIOUSLY, WITH INTRODUCTIONS AND HOUSEKEEPING.

                    WE WILL TAKE UP THE NEW BILLS ON THE CALENDAR ON CONSENT, BEGINNING

                    WITH CALENDAR NO. 626 AND THAT WILL GO THROUGH TO CALENDAR NO. 634.

                    WE WILL THEN BEGIN TO CONSENT BILLS ALREADY ON THE CALENDAR WHERE WE

                    LEFT OFF LAST WEEK, BEGINNING WITH CALENDAR NO. 131 WHICH IS ON PAGE

                    22 OF THE MAIN CALENDAR.  THERE WILL BE A NUMBER OF MEETINGS, MR.

                    SPEAKER, OFF THE FLOOR, SO I WOULD ENCOURAGE MEMBERS TO PAY SPECIAL

                    ATTENTION.  WE'LL BEGIN WITH HIGHER EDUCATION, WAYS AND MEANS AND

                    RULES.  THOSE MEETINGS WILL PRODUCE AN A-CALENDAR WHICH WILL CONSIST

                    OF THE DREAM ACT BY ASSEMBLYWOMAN DE LA ROSA WHICH WE WILL

                    TAKE UP TODAY.  MEMBERS OF THE FOLLOWING COMMITTEES SHOULD BE

                    PREPARED, AS WELL:  WE WILL BE CALLING CONSUMER AFFAIRS, ELECTION LAW

                                          3



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    AND GOVERNMENTAL EMPLOYEES.  SO, IF YOU'RE ON ANY OF THOSE SIX

                    COMMITTEES, PLEASE, MEMBERS, PAY ATTENTION TO ANNOUNCEMENTS FROM

                    THE DESK.  FOR MAJORITY MEMBERS, THERE WILL BE THE NEED FOR A

                    DEMOCRATIC CONFERENCE AT THE CONCLUSION OF OUR WORK HERE ON THE

                    FLOOR AND I WILL, AS ALWAYS, CONSULT WITH MY COLLEAGUES ON THE MINORITY

                    SIDE OF THE AISLE TO SEE IF THEY HAVE ANY CONFERENCE NEEDS THROUGHOUT

                    THE DAY, AS WELL.

                                 SO, MR. SPEAKER, I UNDERSTAND THERE ARE INTRODUCTIONS.

                    IF THERE ARE HOUSEKEEPING, AS WELL, THIS WOULD BE THE APPROPRIATE TIME

                    TO TAKE ALL THAT UP.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    MORELLE.  WE DO HAVE HOUSEKEEPING.

                                 ON A MOTION BY MR. ABINANTI, PAGE 14, CALENDAR NO.

                    64, BILL NO. A-923, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. ZEBROWSKI, PAGE 21, CALENDAR

                    NO. 122, BILL NO. A-1625-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. LENTOL, PAGE 26, CALENDAR NO.

                    149, BILL NO. 1986-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. FAHY, PAGE 43, CALENDAR NO.

                    241, BILL NO. A-3028-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. HUNTER, PAGE 72, CALENDAR NO.

                    401, BILL NO. A-5699-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. CYMBROWITZ, PAGE 116, CALENDAR

                    NO. 598, BILL NO. A-8263, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. SIMON, PAGE 117, CALENDAR NO.

                                          4



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    601, BILL NO. A-8321-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 FOR THE PURPOSE OF AN INTRODUCTION, MRS. MAYER.

                                 MRS. MAYER:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO INTRODUCE SOME MEMBERS FROM MY DISTRICT WHO ARE

                    VISITING TODAY, SOME OF WHOM WORK OR -- OR VOLUNTEER IN MY OFFICE,

                    VINCENT FIELDS (PHONETIC), FROM MY OFFICE, GERALDINE CANTY (PHONETIC)

                    WHO IS A VOLUNTEER, AND HER HUSBAND, CHRIS CANTY (PHONETIC), AND

                    LAURA RODRIGUEZ (PHONETIC), WHO IS A SENIOR AT LINCOLN HIGH SCHOOL IN

                    YONKERS.  THEY'RE ALL HERE TO -- THEIR FIRST VISIT TO ALBANY TO WATCH THE

                    PROCEEDINGS AND TO GET A GOOD IDEA OF EXACTLY WHAT WE DO HERE IN THE

                    STATE LEGISLATURE.  I HOPE YOU WILL WELCOME THEM AND EXTEND ALL -- ALL

                    THE CORDIALITIES OF THE HOUSE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MRS. MAYER, 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.  SO GLAD THAT YOU ARE ABLE TO JOIN US TODAY, SO

                    HAPPY THAT YOU ARE THERE WORKING WITH MRS. MAYER IN HER DISTRICT.  WE

                    HOPE YOU WILL CONTINUE TO DO THAT AND GOOD LUCK TO YOU.  THANK YOU.

                                 (APPLAUSE)

                                 MR. MORELLE FOR THE PURPOSES OF AN INTRODUCTION.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I'D LIKE

                    TO ACKNOWLEDGE AND ASK ALL THE INDIVIDUALS FROM THE DISPLACED

                    HOMEMAKER PROGRAM TO STAND AT THE BACK OF THE CHAMBER.  WE'RE

                    DELIGHTED TO HAVE THESE EXTRAORDINARY INDIVIDUALS IN THE CHAMBER AND I

                    THINK, AS ALL THE MEMBERS KNOW, THE DISPLACED HOMEMAKER PROGRAM

                                          5



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    WORKS TO ACHIEVE FINANCIAL AND PERSONAL INDEPENDENCE FOR WOMEN AND

                    -- AND HOMEMAKERS AS THEY RETURN TO THE WORKFORCE.  THEY DO A VARIETY

                    OF THINGS IN TERMS OF HELPING PEOPLE FIND EMPLOYMENT, BRING A VARIETY

                    OF WORK EXPERIENCES, EDUCATIONAL BACKGROUNDS, CAREER GOALS AND THE

                    COURAGE AND MOTIVATION AND NEW SKILLS ON BEHALF OF THE CLIENTS THEY

                    SERVE.  THEY'RE AN EXTRAORDINARY INSTITUTION.  WE ARE DELIGHTED NOT ONLY

                    FOR ALL OF THEIR GOOD WORK, BUT WE'RE DELIGHTED THEY JOINED US IN THE

                    CHAMBER TODAY AND I KNOW ON BEHALF OF ALL THE MEMBERS, WE'RE SO

                    EXCITED TO HAVE THEM AND PLEASE EXTEND TO THEM ALL THE PRIVILEGES OF

                    THE FLOOR AND THANK THEM FOR THEIR VERY GOOD WORK.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

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

                    EXTRAORDINARY LADIES HERE TO THE NEW YORK STATE ASSEMBLY.  WE

                    EXTEND TO YOU THE PRIVILEGES OF THE FLOOR AND OUR GRATITUDE FOR THE WORK

                    THAT YOU DO TO HELP THE INDIVIDUALS WHO ARE IN NEED OF THAT SERVICE,

                    GOING BACK TO WORK AND BECOMING PRODUCTIVE MEMBERS OF THE WORKING

                    SOCIETY.  THEY'VE ALREADY BEEN PRODUCTIVE BECAUSE THEY HAVE RAISED

                    FAMILIES AND HOW EXTRAORDINARY A JOB THAT IS.  SO, THANK YOU AND THANK

                    YOU FOR CONTINUING YOUR VISITS HERE TO ALBANY.  WE ALWAYS LOOK

                    FORWARD TO IT.  THANK YOU VERY MUCH.

                                 (APPLAUSE)

                                 MR. MORELLE.

                                 MR. SANTABARBARA FOR THE PURPOSES OF AN INTRODUCTION.

                                 OH, I'M SORRY.

                                 MR. MORELLE.

                                          6



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 WELL...

                                 MR. MORELLE:  WELL, BUT YOU WERE -- THANK YOU,

                    MR. SPEAKER -- VERY CLOSE, BECAUSE WE HAVE A DISTINGUISHED MEMBER OF

                    THE SANTABARBARA FAMILY HERE TO -- WHO IS JOINING HIS FATHER.  SO, WE

                    ARE DELIGHTED THAT MICHAEL SANTABARBARA IS JOINING US AGAIN.  I THINK

                    MANY COLLEAGUES KNOW THAT MICHAEL WAS DIAGNOSED WITH AUTISM AT THE

                    AGE OF THREE.  HE'S 16 NOW AND HE AND HIS DAD ARE BEST FRIENDS,

                    JOURNEYED TOGETHER TO OVERCOME THE CHALLENGES OF LIVING WITH AUTISM.

                                 BACK HOME, THEY PARTNERED WITH THE AMSTERDAM

                    MOHAWKS BASEBALL TEAM IN THE CITY OF AMSTERDAM TO BRING THE FIRST

                    AUTISM NIGHT TO SHUTTLEWORTH PARK LAST SEASON, AND THAT NIGHT HELPED

                    BRING MORE AWARENESS TO THE OBSTACLES AND CHALLENGES THAT LOCAL

                    FAMILIES AFFECTED BY AUTISM FACE.  IT WAS AN EXCITING DAY FOR ALL OF THE

                    PARTICIPANTS AND I KNOW MICHAEL WAS PARTICULARLY EXCITED TO SEE THE

                    MOHAWKS PLAY ON A SPECIAL NIGHT JUST FOR -- FOR HE AND HIS GROUP.  THE

                    PLAYERS WORE SPECIAL JERSEYS AND WORKING TOGETHER, MICHAEL WAS ABLE

                    TO THROW OUT THE FIRST PITCH, WHICH I'M SURE WAS A STRIKE.  THIS

                    WEEKEND, MICHAEL MADE A SPECIAL PRESENTATION TO THE AMSTERDAM

                    MOHAWKS AT THEIR HALL OF FAME DINNER IN A SPECIAL PAINTING HE MADE

                    IN APPRECIATION OF AUTISM NIGHT.  WITH -- THOUGH MICHAEL MAY

                    STRUGGLE WITH WORDS, HE IS QUITE AN ARTIST, I'M TOLD, AND WE ARE

                    DELIGHTED ALWAYS TO HAVE HIM IN THE CHAMBER.  I KNOW HOW MUCH IT

                    MEANS TO HIS FATHER TO HAVE HIM HERE AND WANT TO THANK HIM FOR ALL THE

                    GREAT WORK THAT HE'S DOING THROUGHOUT THE AMSTERDAM COMMUNITY AND

                    TO THE GREATER STATE AT-LARGE.  SO, A MEMBER OF OUR EXTENDED FAMILY,

                                          7



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    PLEASE EXTEND ALL THE CORDIALITIES OF THE HOUSE TO OUR FRIEND.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  SO, ON BEHALF OF MR.

                    MORELLE AND YOUR FATHER, MICHAEL, WELCOME BACK.  WE ARE ALWAYS

                    PLEASED TO HAVE YOU HERE.  YOU'RE FAMILY AND SO YOU ALWAYS HAVE THE

                    PRIVILEGES OF THE FLOOR.  WE HOPE YOU WILL CONTINUE TO FLOURISH AND WE

                    APPRECIATE THIS RELATIONSHIP THAT YOU'VE ALLOWED US TO SHARE IN.  THANK

                    YOU VERY MUCH.

                                 (APPLAUSE)

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  BEFORE I

                    GO TO RESOLUTIONS, I WOULD -- A COUPLE OF THINGS:  FIRST OF ALL, WE HAVE A

                    NEED FOR MEMBERS OF THE HIGHER EDUCATION COMMITTEE TO MEET IN THE

                    SPEAKER'S CONFERENCE ROOM WITH CHAIRWOMAN GLICK.  THAT WOULD BE

                    HIGHER EDUCATION IN THE SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  HIGHER ED, SPEAKER'S

                    CONFERENCE ROOM, MS. GLICK IS ON HER WAY.

                                 MR. MORELLE:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  BEFORE I GO TO

                    RESOLUTIONS, I'M DELIGHTED TO SEE WE HAVE TWO SPEAKERS ON THE FLOOR

                    RIGHT NOW, OF COURSE, OUR SPEAKER AND THE NEWEST SPEAKER OF THE NEW

                    YORK CITY COUNCIL, OUR DEAR FRIEND, COREY JOHNSON, WHO WAS ELECTED

                    JUST LAST MONTH AND IS SERVING.  HE IS A TALENTED YOUNG INDIVIDUAL, I'VE

                    HAD THE PLEASURE AND I THINK MOST OF THE MEMBERS HAVE HAD A PLEASURE

                                          8



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    TO INTERACT WITH SPEAKER JOHNSON OVER THE YEARS.  HE IS A -- JUST A

                    DELIGHT TO BE WITH.  AND I UNDERSTAND ONE OF THE HALLMARKS OF HIS

                    SPEAKERSHIP, I'M TOLD, MR. SPEAKER, IS HE LIKES TO DANCE.  NOW, I

                    HAVEN'T SEEN OUR SPEAKER DANCE --

                                 (LAUGHTER)

                                 -- BUT -- BUT I UNDERSTAND SPEAKER JOHNSON DOES --

                                 (LAUGHTER/APPLAUSE)

                                 BUT I -- I HOPE WE DON'T END UP IN A COMPETITION HERE,

                    BECAUSE I'LL COME IN DEAD LAST, BUT -- BUT WE ARE ALWAYS DELIGHTED TO

                    HAVE SPEAKER JOHNSON HERE NOW AS SPEAKER AND WE WISH HIM THE VERY,

                    VERY BEST IN ALL OF HIS WORK IN THE CITY COUNCIL AND, OF COURSE, WE'RE

                    ALWAYS DELIGHTED TO SEE HIM.  ON BEHALF OF SPEAKER HEASTIE AND ALL THE

                    MEMBERS, IF YOU COULD PLEASE EXTEND ALL CORDIALITIES OF THE HOUSE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  SPEAKER JOHNSON, WE

                    ARE PLEASED TO HAVE YOU HERE TODAY.  ON BEHALF OF THE SPEAKER AND ALL

                    THE MEMBERS, WE WELCOME YOU HERE.  WE WELCOME THIS NEW

                    ADMINISTRATION.  YOU'RE EXTENDED THE PRIVILEGES OF THE FLOOR AND THE

                    SECRET TO GETTING OUR SPEAKER TO DANCE IS PLAY PRINCE.

                                 (LAUGHTER)

                                 THANK YOU, AND WE HOPE YOU WILL BE BACK MANY

                    TIMES.  PURPLE RAIN, BROTHER.

                                 (APPLAUSE)

                                 MR. MORELLE.

                                 MR. MORELLE:  YES.  I'M NOT SURE WHAT WE'VE

                                          9



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    STARTED HERE, MR. SPEAKER --

                                 (LAUGHTER)

                                 -- BUT, IF WE COULD GO TO PAGE 3 ON THE MAIN CALENDAR

                    AND START WITH RESOLUTION NO. 802 BY MR. MAGNARELLI.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 802, MR.

                    MAGNARELLI.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

                    M. CUOMO TO PROCLAIM FEBRUARY 1-7, 2018 AS ENROLLED AGENT WEEK IN

                    THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  SHH.  ON THE

                    RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE --

                                 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 NOW GO TO PAGE 4 OF THE MAIN CALENDAR AND BEGIN CONSENTING

                    WITH CALENDAR NO. 626 BY MR. AUBRY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03253, CALENDAR NO.

                    626, AUBRY, GOTTFRIED, ZEBROWSKI, COOK, ARROYO, WALKER, HOOPER,

                    PICHARDO, RICHARDSON, PALUMBO.  AN ACT TO AMEND THE PENAL LAW, IN

                    RELATION TO CRIMINAL MISCHIEF IN THE THIRD DEGREE AND CRIMINAL

                    MISCHIEF IN THE SECOND DEGREE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. 6 -- A06009, CALENDAR

                                         10



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    NO. 627, GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO, ZEBROWSKI,

                    SKARTADOS, ORTIZ, BRINDISI, COOK, SEPULVEDA, ABINANTI, MCDONALD,

                    SEAWRIGHT, NIOU, CARROLL, L. ROSENTHAL, STECK, LIFTON, JAFFEE, NORRIS.

                    AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO FORMS OF

                    MARIHUANA AUTHORIZED FOR MEDICAL USE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08781, CALENDAR NO.

                    628, L. ROSENTHAL, SKOUFIS, GOTTFRIED, LAVINE, MCDONALD.  AN ACT TO

                    AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROHIBITED ACTIVITIES BY

                    PHARMACY BENEFIT MANAGERS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, MR. SPEAKER.

                    MEMBERS, THIS IS OUR FIRST VOTE OF THE DAY SO I'D ASK YOU TO CAST YOUR

                    VOTE.  AND TO THOSE INDIVIDUALS WHO ARE NEAR THE CHAMBER OR CAN

                    OTHERWISE HEAR THE SOUND OF OUR VOICES, PLEASE MAKE YOUR WAY TO CAST

                    YOUR FIRST VOTE OF THE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.  IF YOU ARE NOT IN THE CHAMBER, PLEASE COME IN, CAST YOUR

                    BALLOT.  IF YOU'RE HERE, PLEASE VOTE NOW.

                                         11



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08823-A, CALENDAR

                    NO. 629, BRAUNSTEIN, GALEF, GLICK, JAFFEE, M.G. MILLER, MOSLEY,

                    ZEBROWSKI, DINOWITZ, SKARTADOS, GOTTFRIED, PAULIN, LIFTON.  AN ACT TO

                    AMEND THE PENAL LAW, IN RELATION TO ESTABLISHING INCAPACITY TO CONSENT

                    WHEN A PERSON IS UNDER ARREST, IN DETENTION OR OTHERWISE IN ACTUAL

                    CUSTODY.

                                 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?

                                 MUCH TOO MUCH TALK, LADIES AND GENTLEMEN.

                                 ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I

                    UNDERSTAND THE CHAIR OF WAYS AND MEANS, MS. WEINSTEIN, IS IN THE

                    SPEAKER'S CONFERENCE ROOM AWAITING THE MEMBERS OF WAYS AND

                    MEANS.

                                         12



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  COMMITTEE ON WAYS

                    AND MEANS, SPEAKER'S CONFERENCE ROOM.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08953, CALENDAR NO.

                    630, RICHARDSON.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

                    TO MATERNAL DEPRESSION TREATMENT; AND TO AMEND A CHAPTER OF THE LAWS

                    OF 2017, AMENDING THE PUBLIC HEALTH LAW, RELATING TO MATERNAL

                    DEPRESSION TREATMENT, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 4000

                    AND A. 8308, 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.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER PICHARDO:  MS. RICHARDSON

                    TO EXPLAIN HER VOTE.

                                 MS. RICHARDSON:  THANK YOU, MR. SPEAKER.  I

                    JUST WANT TO STATE THAT MATERNAL DEPRESSION IS VERY REAL AND I'M SO

                    PROUD TODAY IN THE STATE OF NEW YORK, WE'RE GOING TO BE DOING

                    EVERYTHING WE CAN TO MAKE THE RESOURCES CRYSTAL CLEAR AS FOR NEW

                    MOTHERS TO SEEK HELP SHOULD THEY EVER BE IN A SITUATION WHERE THEY

                    NEED IT.  I'M SO PROUD THAT MY OFFICE JUST RECEIVED A NEW BABY, SO

                    SHOUT-OUT TO MY CHIEF-OF-STAFF, JAMILA PRINGLE, ON THE BIRTH OF HER NEW

                    SON AND THANKING EVERYONE WHO MADE THIS BILL POSSIBLE.  I VOTE IN THE

                    AFFIRMATIVE.

                                         13



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER PICHARDO:  MS. RICHARDSON

                    IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08957, CALENDAR NO.

                    631, SIMOTAS.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

                    THE NEWBORN HEALTH AND SAFE SLEEP STUDY.

                                 ACTING SPEAKER PICHARDO:  ON A MOTION BY

                    MS. SIMOTAS, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  PLEASE READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

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

                    ALLOWING THE INTERRUPTION SO I MIGHT ASK MEMBERS OF THE RULES

                    COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM.  MEMBERS OF

                    THE RULES COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER PICHARDO:  MEMBERS OF THE

                    RULES COMMITTEE, PLEASE PROCEED TO THE SPEAKER'S CONFERENCE ROOM.

                                         14



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09003, CALENDAR NO.

                    632, JAFFEE.  AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

                    ESTABLISHING A CHILD CARE AVAILABILITY TASK FORCE TO EVALUATE THE NEED FOR

                    AND AVAILABILITY OF CHILD CARE THROUGHOUT THE STATE; AND TO AMEND A

                    CHAPTER OF THE LAWS OF 207 AMENDING THE SOCIAL SERVICES LAW RELATING

                    TO ESTABLISHING A CHILD CARE AVAILABILITY TASK FORCE TO EVALUATE THE NEED

                    FOR AND AVAILABILITY OF CHILD CARE THROUGHOUT THE STATE, AS PROPOSED IN

                    LEGISLATIVE BILLS NUMBERS S. 5929-A AND A. 7726-A, IN RELATION TO THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER PICHARDO:  ON A MOTION BY

                    MS. JAFFEE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  PLEASE READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09035, CALENDAR NO.

                    633, GOTTFRIED.  AN ACT TO AMEND PART E OF CHAPTER 57 OF THE LAWS OF

                    2017 RELATING TO THE EFFECTIVE DATE OF CERTAIN PROVISIONS THEREOF, AS

                    PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 5544 AND A. 7216, IN RELATION

                    TO THE EFFECTIVENESS THEREOF.

                                         15



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER PICHARDO:  ON A MOTION BY

                    MR. GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09038, CALENDAR NO.

                    634, MAGEE.  AN ACT TO AMEND THE TAX LAW AND A CHAPTER OF THE LAWS

                    OF 2017, AMENDING THE TAX LAW RELATING TO PROPERTY TAX CREDITS FOR

                    FARMERS, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 2899 AND A. 4650,

                    IN RELATION TO PROPERTY TAX CREDITS FOR FARMERS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    MAGEE, 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.)

                                         16



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  IF YOU

                    WOULD PLEASE ADVISE MEMBERS OF THE CONSUMER AFFAIRS COMMITTEE

                    THAT THE CHAIR, MR. TITONE - I'M SAYING THAT FOR THE FIRST TIME - MR.

                    TITONE WOULD LIKE MEMBERS TO JOIN HIM IN THE SPEAKER'S CONFERENCE

                    ROOM, CONSUMER AFFAIRS.

                                 ACTING SPEAKER AUBRY:  MR. TITONE INVITES

                    MEMBERS OF THE COMMUNITY -- CONSUMER AFFAIRS COMMITTEE TO JOIN

                    HIM IN THE SPEAKER'S CONFERENCE ROOM, PLEASE.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  ON PAGE 6 OF THE MAIN

                    CALENDAR, MEMBERS WILL FIND RULES REPORT NO. 1 BY MR. CARROLL.  I'D

                    LIKE TO TAKE IT UP RIGHT NOW.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08917-A, RULES

                    REPORT NO. 1, CARROLL, D'URSO, D. ROSENTHAL, BUCHWALD, PHEFFER

                    AMATO, ROZIC, CYMBROWITZ.  AN ACT TO AMEND THE ELECTION LAW, IN

                    RELATION TO COMMUNICATIONS TO VOTERS BY MAIL; TO REQUIRE THE 2018 FALL

                    PRIMARY BE HELD ON THURSDAY, SEPTEMBER 13, 2018 AND THE POLITICAL

                    CALENDAR BE ADJUSTED ACCORDINGLY; AND PROVIDING FOR THE REPEAL OF

                    CERTAIN PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                                         17



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.

                    MEMBERS WILL FIND ON THEIR DESKS AN A-CALENDAR.  I NOW MOVE TO

                    ADVANCE THE A-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MR. MORELLE'S

                    MOTION, THE A-CALENDAR IS ADVANCED.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, MR. SPEAKER.  I'D

                    LIKE NOW TO GO TO PAGE 3 OF THAT A-CALENDAR AND TAKE UP DIRECTLY ON

                    DEBATE RULES REPORT NO. 7 BY MS. DE LA ROSA.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09605-A, RULES

                    REPORT NO. 7, DE LA ROSA, HEASTIE, GLICK, CRESPO, MORELLE,

                    RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, O'DONNELL, LAVINE, QUART,

                    THIELE, BENEDETTO, L. ROSENTHAL, M.G. MILLER, DENDEKKER, ABINANTI,

                    PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM, WEPRIN, RIVERA, ROZIC,

                    DINOWITZ, SEPULVEDA, SKARTADOS, ZEBROWSKI, COLTON, DAVILA, FAHY,

                    ARROYO, OTIS, BARRON, BICHOTTE, BLAKE, BRINDISI, DILAN, JEAN-PIERRE,

                    JOYNER, PICHARDO, SEAWRIGHT, SIMON, TITUS, WALKER, WEINSTEIN, MAYER,

                    HYNDMAN, NIOU, CARROLL, DICKENS, D'URSO, BARNWELL, VANEL, HARRIS,

                                         18



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    TAYLOR.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO CREATING

                    THE NEW YORK DREAM FUND COMMISSION; ELIGIBILITY REQUIREMENTS

                    AND CONDITIONS GOVERNING GENERAL AWARDS, ACADEMIC PERFORMANCE

                    AWARDS AND STUDENT LOANS; ELIGIBILITY REQUIREMENTS FOR ASSISTANCE UNDER

                    THE HIGHER EDUCATION OPPORTUNITY PROGRAMS AND THE COLLEGIATE SCIENCE

                    AND TECHNOLOGY ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR

                    STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF

                    NEW YORK AND COMMUNITY COLLEGES; AND THE PROGRAM REQUIREMENTS FOR

                    THE NEW YORK STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM; AND TO

                    REPEAL SUBDIVISION 3 OF SECTION 661 OF SUCH LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. DE LA ROSA, BUT BEFORE WE DO THAT, WE WANT TO MAKE

                    SURE EVERYBODY IS IN THEIR SEATS, CONVERSATIONS ARE HELD TO A MINIMUM

                    SO THAT WE MAY HEAR THE MEMBER'S EXPLANATION.  COURTESY, LADIES AND

                    GENTLEMEN, COURTESY.

                                 MS. DE LA ROSA, PROCEED.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER.  THIS

                    BILL, KNOWN AS THE NEW YORK STATE DREAM ACT, WILL CREATE THE

                    DREAM FUND COMMISSION AND ESTABLISH THE NEW YORK DREAM

                    FUND.  IT WOULD MAKE UNDOCUMENTED STUDENTS ELIGIBLE TO OBTAIN STATE

                    FINANCIAL AID BY MAKING THEM ELIGIBLE FOR TUITION ASSISTANCE

                    PROGRAMS, TAP, AND SCHOLARSHIPS SUCH AS THE EXCELSIOR SCHOLARSHIP

                    AND OTHER OPPORTUNITY PROGRAMS.  IT WOULD ALSO ALLOW UNDOCUMENTED

                    INDIVIDUALS WHO HAVE TAXPAYER IDS TO ESTABLISH THE NEW YORK 529

                    FAMILY SAVINGS TUITION ACCOUNT.

                                         19



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 MS. DE LA ROSA:  YES.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA

                    YIELDS.

                                 ONCE AGAIN, WE'LL ASK THERE BE MINIMAL MOVEMENT

                    AROUND THE HOUSE.  MEMBERS WILL BE IN THEIR SEATS AND IF NOT, THEY WILL

                    BE OUTSIDE THE CHAMBER.  STAFF, IF YOU'RE NOT ASSISTING THE MEMBER ON

                    DEBATE, FIND A SEAT IN THE REAR.

                                 MR. GOODELL, PROCEED.

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

                    YOU, MS. DE LA ROSA.  I JUST WANT TO ASK SOME QUESTIONS INITIALLY SO

                    THAT WE ALL UNDERSTAND WHAT THE BILL DOES AND DOESN'T DO.  AS I

                    UNDERSTAND IT, THE BILL ACTUALLY HAS TWO PARTS, IF YOU WILL.  ONE IS THE

                    CREATION OF A DREAM FUND WHICH WOULD BE A PRIVATELY -- A FUND THAT

                    WOULD BE DESIGNED TO MAKE IT EASY FOR PEOPLE TO MAKE PRIVATE

                    CONTRIBUTIONS FOR SCHOLARSHIP SUPPORT FOR IMMIGRANT -- CHILDREN OF

                    IMMIGRANTS, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  AND YOU MAY RECALL THAT THIS CAME

                    UP FOR A VOTE AS A SEPARATE STANDALONE BILL IN 2012 AND IT HAD STRONG

                    BIPARTISAN SUPPORT.  I THINK THE VOTE BACK IN 2012 WAS 138-6 AND I

                    WOULD SAY THAT IF THAT BILL CAME UP AS A STANDALONE BILL, IT WOULD

                    CONTINUE TO HAVE STRONG BIPARTISAN SUPPORT.  BUT THERE'S ANOTHER PART OF

                                         20



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THIS BILL, THE DREAM ACT, AND THE DREAM ACT WOULD MAKE ILLEGAL

                    IMMIGRANTS ELIGIBLE FOR STATE-FUNDED FINANCIAL ASSISTANCE AT STATE

                    SCHOOLS, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  IN FACT, IT WOULD MAKE ILLEGAL

                    IMMIGRANTS ELIGIBLE FOR FREE TUITION AT THE EXPENSE OF THE TAXPAYERS,

                    CORRECT?

                                 MS. DE LA ROSA:  IT WOULD ALLOW UNDOCUMENTED

                    INDIVIDUALS TO HAVE ACCESS TO TAP.

                                 MR. GOODELL:  NOW WHEN YOU SAY

                    "UNDOCUMENTED", YOU MEAN THEY'RE NOT HERE LEGALLY?  I JUST WANT TO

                    MAKE SURE WE'RE ON THE SAME PAGE.

                                 MS. DE LA ROSA:  THEY DO NOT --

                                 MR. GOODELL:  THEY DON'T HAVE LEGAL STATUS HERE.

                                 MS. DE LA ROSA:  THEY DON'T HAVE LEGAL STATUS,

                    CORRECT.

                                 MR. GOODELL:  NOW THE -- THE BILL LANGUAGE ITSELF

                    MAKES ANYONE WHO GRADUATES FROM A NEW YORK STATE HIGH SCHOOL

                    WITHIN -- AND SPEND AT LEAST TWO YEARS IN HIGH SCHOOL ELIGIBLE FOR FREE

                    NEW YORK STATE TUITION, CORRECT?

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  THEY HAVE TO APPLY WITHIN FIVE

                    YEARS, BUT THEY'RE OTHERWISE ELIGIBLE.

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  SO IN OTHER WORDS, YOU COULD NOT

                                         21



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    BE A RESIDENT ANYMORE OF NEW YORK STATE AT ALL, CORRECT?  I MEAN, YOU

                    COULD BE A RESIDENT OF ANOTHER STATE AND AS LONG AS YOU APPLY TO A NEW

                    YORK STATE SCHOOL WITHIN FIVE YEARS, YOU WOULD GET FREE TUITION OR BE

                    ELIGIBLE FOR FREE TUITION?

                                 MS. DE LA ROSA:  THEY -- THEY WOULD HAVE TO HAVE

                    DEMONSTRATED THAT THEY WERE IN A NEW YORK STATE SCHOOL FOR TWO YEARS

                    PRIOR.

                                 MR. GOODELL:  BUT THEN THEY HAVE FIVE YEARS --

                    THEY COULD BE A RESIDENT OF ANOTHER STATE FOR UP TO FIVE YEARS, STILL APPLY

                    AND STILL GET FREE TUITION?

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  DON'T YOU THINK IT WOULD MORE

                    APPROPRIATE FOR OUT-OF-STATE SCHOOLS TO PAY THE TUITION FOR OUT-OF-STATE

                    RESIDENTS AND NOT NEW YORK STATE RESIDENTS?  I MEAN, WHY -- WHY

                    SHOULD NEW YORK STATE RESIDENTS PAY 100 PERCENT OF THE COST OF

                    STUDENTS WHO ARE NO LONGER NEW YORK STATE RESIDENTS, BUT LIVE IN

                    ANOTHER STATE, THEIR PARENTS LIVE IN ANOTHER STATE, THEY'RE NOT PAYING ANY

                    INCOME TAX IN NEW YORK STATE, THEIR PARENTS AREN'T PAYING ANY INCOME

                    TAX IN NEW YORK STATE.  WHY SHOULD NEW YORK STATE RESIDENTS PAY

                    100 PERCENT OF THEIR TUITION WHILE THEY'RE GOING TO A NEW YORK STATE

                    SCHOOL?

                                 MS. DE LA ROSA:  SO, IT'S THE SAME REQUIREMENT AS

                    WOULD BE FOR IN-STATE TUITION WHICH WE ALREADY HAVE IN PLACE IN THIS

                    STATE.  ALSO, I WOULD LIKE TO ADD THAT MOST OF THESE STUDENTS ARE NEW

                    YORKERS.  THEY'VE BEEN HERE, THEY WILL PROBABLY REMAIN HERE.  THEY

                                         22



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    DON'T KNOW ANY OTHER HOME BUT NEW YORK.

                                 MR. GOODELL:  BUT UNDER CURRENT LAW, YOU HAVE TO

                    BE A NEW YORK STATE RESIDENT TO GET NEW YORK STATE TUITION, RIGHT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  OKAY.  AND THIS ALSO PROVIDES THAT

                    YOU CAN GET 100 PERCENT OF YOUR TUITION PAID BY NEW YORK STATE

                    TAXPAYERS IF YOU COME TO NEW YORK STATE AND GET A NEW YORK STATE

                    GED, CORRECT?

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  AND THERE'S NO TIME REQUIREMENT

                    FOR RESIDENCY IN NEW YORK STATE IN ORDER TO GET A GED OTHER THAN THE

                    30 DAYS; IS THAT CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  AND THERE'S NO AGE RESTRICTION FOR

                    GETTING A GED IN NEW YORK?

                                 MS. DE LA ROSA:  NO.

                                 MR. GOODELL:  SO A FOREIGN STUDENT, ANY FOREIGN

                    STUDENT ANYWHERE IN THE WORLD COULD COME TO NEW YORK STATE, STAY

                    HERE FOR 30 DAYS, TAKE AND PASS A GED AND BE ELIGIBLE FOR FOUR YEARS OF

                    FREE TUITION AT TAXPAYER EXPENSE?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  ISN'T THAT A -- A HUGE BURDEN TO ASK

                    OUR TAXPAYERS TO FUND?  I MEAN, JUST AS AN EXAMPLE, AND I APOLOGIZE - I

                    REALIZE THERE'S TWO QUESTIONS HERE - BUT LAST YEAR, AS MY INFORMATION IS

                    CORRECT, THERE WERE OVER HALF A MILLION FOREIGN STUDENTS WHO APPLIED

                                         23



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    FOR A STUDENT VISA, AN F VISA, AND CAME TO THE UNITED STATES.  NOW,

                    ANY ONE OF THOSE FOREIGN STUDENTS WITH AN F VISA COULD COME TO NEW

                    YORK, TAKE A GED AND GET FOUR YEARS OF FREE TUITION, RIGHT?

                                 MS. DE LA ROSA:  IF YOU RECEIVE A GED IN NEW

                    YORK STATE, YOU WOULD BE ELIGIBLE FOR THIS -- THROUGH THIS BILL.

                                 MR. GOODELL:  AND, OF COURSE, YOU COULD BE IN THE

                    TOP OF YOUR CLASS IN A FOREIGN COUNTRY, SAY FRANCE, AND STILL BE ELIGIBLE

                    TO TAKE THE NEW YORK STATE GED, RIGHT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  SO, GETTING BACK TO WHY SHOULD

                    NEW YORK STATE TAXPAYERS FOOT 100 PERCENT OF THE BILL FOR ANY FOREIGN

                    STUDENT WHO COMES HERE AND SPENDS AS LITTLE AS 30 DAYS HERE IN NEW

                    YORK STATE BEFORE THEY TAKE A GED?

                                 MS. DE LA ROSA:  YOU WOULD HAVE TO TAKE THE

                    GED IN ORDER TO BE ELIGIBLE.  WHEN YOU'RE A NEW YORKER, YOU'RE A

                    NEW YORKER.  AND IF YOU ARE HERE, YOU WOULD HAVE ACCESS UNDER THIS

                    BILL IF YOU MEET EVERY OTHER REQUIREMENT TO GET THIS ASSISTANCE.

                                 MR. GOODELL:  NOW, YOU -- WE TALKED A LITTLE BIT

                    ABOUT THE FACT THAT THIS BILL SAYS YOU DON'T HAVE TO BE A NEW YORKER,

                    RIGHT?  I MEAN, THAT'S THE WHOLE PURPOSE OF THE BILL.  IT SAYS YOU DON'T

                    HAVE TO BE A LEGAL RESIDENT OF NEW YORK AND WE STILL PROVIDE YOU WITH

                    100 PERCENT TAXPAYER FUNDED TUITION, RIGHT?

                                 MS. DE LA ROSA:  EVEN IF YOU DO NOT HAVE

                    IMMIGRATION STATUS, YOU ARE STILL A NEW YORKER.  THE TRUTH IS THAT OUR

                    STATE HAS SUPPLEMENTED THE EDUCATION OF NEW YORKERS FROM K TO 12TH

                                         24



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    GRADE, IRREGARDLESS OF IMMIGRATION STATUS.  THIS BILL WOULD SIMPLY

                    ALLOW FOR THAT BENEFIT TO CONTINUE ON AS THESE NEW YORKERS BECOME

                    COLLEGE EDUCATED.

                                 MR. GOODELL:  BUT THE BILL SPECIFICALLY SAYS YOU

                    DO NOT NEED TO BE A NEW YORK RESIDENT, CORRECT, IN ORDER TO BE ELIGIBLE

                    FOR THESE BENEFITS.  I'M REFERRING TO, FOR EXAMPLE, ON PAGE 3, LINE 36 --

                                 MS. DE LA ROSA:  YOU COULD -- YOU CAN BE A NEW

                    YORKER --

                                 MR. GOODELL:  -- "AN APPLICANT WHO IS NOT A LEGAL

                    RESIDENT OF THE STATE."  I MEAN, YOU COULD BE A -- A RESIDENT OF

                    PENNSYLVANIA AND STILL BE ELIGIBLE FOR 100 PERCENT PAID TUITION?

                                 MS. DE LA ROSA:  IF YOU TOOK A GED IN NEW YORK

                    STATE, YOU WENT TO GED PROGRAM AND YOU WERE IN NEW YORK STATE, 30

                    DAYS -- AFTER 30 DAYS, YOU WOULD BE ELIGIBLE UNDER THIS PROGRAM.

                                 MR. GOODELL:  OKAY.  EVEN THOUGH YOUR -- YOUR

                    PASSPORT IS FROM FRANCE AND YOU HAVE ABSOLUTELY NO INTENTION OF EVER

                    LIVING IN NEW YORK STATE?

                                 MS. DE LA ROSA:  THE STUDENTS THAT WE'RE TALKING

                    ABOUT IN THIS BILL HAVE MADE NEW YORK THEIR HOME.

                                 MR. GOODELL:  IS THERE ANYTHING IN THIS BILL THAT

                    REQUIRES THAT THE APPLICANTS FOR THIS BENEFIT COMMIT TO BEING A NEW

                    YORK STATE RESIDENT?

                                 MS. DE LA ROSA:  THERE IS A PORTION OF THE BILL THAT

                    REQUIRES THEM TO FILL OUT AN AFFIDAVIT THAT CERTIFIES THAT THEY WILL BE

                    INITIATING THE PROCESS FOR -- FOR LEGALIZING THEIR STATUS HERE.

                                         25



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. GOODELL:  WHAT IS THAT STATUS IF THEY'RE NOT

                    HERE LEGALLY?  WELL, LET'S -- LET'S DEAL WITH TWO GROUPS OF PEOPLE.  LET'S

                    SAY YOU'RE AN OUT-OF-STATE RESIDENT, YOU LIVE IN PENNSYLVANIA, YOU

                    GRADUATE IN NEW YORK, YOU AND YOUR FAMILY MOVED OUT

                    FOUR-AND-A-HALF YEARS AGO.  YOU NO LONGER PAY ANY NEW YORK STATE

                    TAXES OR HAVE ANYTHING AT ALL TO DO WITH NEW YORK.  YOU NO LONGER

                    OWN ANY PROPERTY IN NEW YORK.  YOU CAN APPLY FOR TUITION ASSISTANCE

                    UNDER THIS BECAUSE YOU GRADUATED FROM NEW YORK.  THERE'S NO

                    RESIDENCY OBLIGATION THERE, RIGHT?  YOU DON'T HAVE TO SIGN AN AFFIDAVIT

                    SAYING, I'M GOING TO COME BACK TO NEW YORK AND START REIMBURSING THE

                    TAXPAYERS FOR THIS INVESTMENT, CORRECT?

                                 MS. DE LA ROSA:  THE BILL DOES NOT SPEAK TO THAT,

                    NO.

                                 MR. GOODELL:  OKAY.  WE'RE TALKING -- SO THIS

                    AFFIDAVIT ONLY APPLIES IF YOU'RE HERE ILLEGALLY?

                                 MS. DE LA ROSA:  UNDOCUMENTED, YES.

                                 MR. GOODELL:  AND IT SAYS THAT IF YOU'RE HERE

                    ILLEGALLY, YOU HAVE TO FILL OUT AN AFFIDAVIT THAT SAYS, I AM APPLYING FOR

                    LEGAL STATUS --

                                 MS. DE LA ROSA:  MM-HMM.

                                 MR. GOODELL: -- OR, I WILL APPLY SOMETIME IN THE

                    FUTURE IF I'M EVER ELIGIBLE.

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  NOW, WHO ENFORCES THAT AFFIDAVIT?

                                 MS. DE LA ROSA:  THIS BILL DOESN'T SPEAK TO

                                         26



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    ENFORCEMENT.  WE -- WE ASSUME THAT HESC AND STATE DEPARTMENT OF

                    EDUCATION WOULD BE IN CHARGE OF DOING THAT WORK.

                                 MR. GOODELL:  NOW, WOULDN'T IT MAKE MORE SENSE

                    THAT WE HAVE THEM SIGN A CONTRACT WITH A GRANT THAT SAYS, IF I DON'T

                    APPLY, I REPAY THE TUITION ASSISTANCE?  WOULDN'T THAT -- I MEAN, THAT'S

                    ENFORCEABLE.  I MEAN, AN AFFIDAVIT IS NOT ENFORCEABLE.  THERE'S NO

                    OBLIGATION TO HONOR THE AFFIDAVIT, IS THERE?

                                 MS. DE LA ROSA:  AGAIN --

                                 MR. GOODELL:  I'M SORRY.  I APOLOGIZE --

                                 MS. DE LA ROSA:  IT'S OKAY.  AGAIN --

                                 MR. GOODELL:  -- THERE'S TWO QUESTIONS.  SHOULD

                    WE HAVE THEM SIGN A CONTRACT TO REPAY US IF THEY DON'T COMPLY WITH

                    THAT?

                                 MS. DE LA ROSA:  AGAIN, THIS BILL DOES NOT SPEAK

                    TO THAT.  WHAT THIS BILL SAYS IS THAT THEY HAVE TO SIGN AN AFFIDAVIT AND

                    CERTIFY THAT THEY WILL -- THEY INTEND TO AND THEY WILL TRY TO MAKE THEIR

                    IMMIGRATION STATUS CURRENT HERE IN NEW YORK STATE.

                                 MR. GOODELL:  NOW IF THEY -- IF THEY DON'T, IF THEY

                    BECOME ELIGIBLE, LET'S SAY CONGRESS STRAIGHTENS OUT DACA - AND WE ALL

                    HOPE THEY WILL.

                                 MS. DE LA ROSA:  WE HOPE THEY WILL.

                                 MR. GOODELL:  OF COURSE, IF THEY STRAIGHTEN OUT

                    DACA, THIS MIGHT ALL BE IRRELEVANT, RIGHT?  IT MIGHT BE MOOT.

                                 MS. DE LA ROSA:  WELL, WE HOPE THAT OUR

                    COLLEAGUES IN WASHINGTON HAVE THE COURAGE TO DO THAT, BUT WHILE THAT

                                         27



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    HAPPENS, THE STATE OF NEW YORK HAS THE AUTHORITY TO MOVE FORWARD

                    WITH THIS LEGISLATION.

                                 MR. GOODELL:  SO, YOU SIGN THE AFFIDAVIT AND YOU

                    DON'T DO ANYTHING.  YOU BECOME ELIGIBLE, YOU DON'T DO ANYTHING.

                    WHAT'S THE RAMIFICATION?  IS THERE ANY RAMIFICATION AT ALL?

                                 MS. DE LA ROSA:  THIS BILL DOES NOT SPEAK TO ANY

                    RAMIFICATIONS, BUT I -- I CAN TELL YOU THAT THESE STUDENTS THAT WE'RE

                    TALKING ABOUT HERE, AS I SAID BEFORE, HAVE MADE NEW YORK STATE THEIR

                    HOME.  THEY HAVE CONTRIBUTED TO THE ECONOMY OF THE STATE AND THEY

                    WILL CONTINUE TO MAKE NEW YORK THEIR HOME.

                                 MR. GOODELL:  ALTHOUGH WE'VE COVERED PRETTY

                    CLEARLY, RIGHT, THAT YOU CAN BE AN OUT-OF-STATE RESIDENT WITH NO INTENT OF

                    MAKING THIS YOUR HOME.  YOU COULD EVEN HAVE AN OUT-OF-STATE DRIVER'S

                    LICENSE.  YOU LIVE OUT-OF-STATE.  YOUR FAMILY'S OUT-OF-STATE, STILL

                    ELIGIBLE.  YOU CAN BE HERE AS LITTLE AS 30 DAYS.  I MEAN, THERE'S NO REAL

                    OBLIGATION THAT YOU MAKE THIS -- NEW YORK STATE YOUR HOME UNLESS,

                    UNLESS YOU GET THE EXCELSIOR AWARD, RIGHT?  BECAUSE IF YOU GET THE

                    EXCELSIOR AWARD, YOU HAVE TO STAY HERE FOUR YEARS OR YOU HAVE TO PAY

                    IT BACK?

                                 MS. DE LA ROSA:  YES, CORRECT.

                                 MR. GOODELL:  NOW, IF YOU'RE AN ILLEGAL IMMIGRANT

                    AND YOU TAKE ADVANTAGE OF THIS PROGRAM AND FOR WHATEVER REASON, YOU

                    CANNOT CHANGE YOUR STATUS, AT THE END WHEN YOU GRADUATE, YOU'D STILL BE

                    ILLEGAL, RIGHT?  LET'S ASSUME THAT YOU CAN'T GET THE LEGAL STATUS.  YOU'RE

                    NOT ALLOWED TO WORK, ARE YOU?

                                         28



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  WE KNOW THAT THESE STUDENTS

                    WORK NOW.  THEY DO WORK.  ONCE THEY GRADUATE FROM SCHOOL, THEY ALSO

                    WORK.

                                 MR. GOODELL:  SO THEY'RE WORKING ILLEGALLY?

                                 MS. DE LA ROSA:  THEY'RE WORKING WITHOUT

                    IMMIGRATION STATUS.

                                 MR. GOODELL:  BUT IF YOU'RE NOT -- IF YOU DON'T

                    HAVE IMMIGRATION STATUS THEN YOU DON'T HAVE A SOCIAL SECURITY NUMBER,

                    CORRECT?

                                 MS. DE LA ROSA:  SOME OF THEM HAVE TAXPAYER

                    IDS.  THEY PAY TAXES.  THEY PAY STATE TAXES.  THEY PAY LOCAL TAXES.

                    THEY -- THEY PAY EXCISE TAXES.

                                 MR. GOODELL:  BUT THEY DON'T PAY ANY INCOME TAX

                    BECAUSE THEY DON'T HAVE ANY SOCIAL SECURITY NUMBER, CORRECT?

                                 MS. DE LA ROSA:  WITH THEIR TAXPAYER IDS, THEY DO

                    PAY.

                                 MR. GOODELL:  WELL, THE TAXPAYER ID IS ONLY THERE

                    SO THAT FOREIGN RESIDENTS CAN PAY FOR UNEARNED INCOME THAT ORIGINATES

                    FROM NEW YORK STATE OR UNITED STATES.  SO, IT'S NOT THEREFORE EARNED

                    INCOME, RIGHT?  YOU'RE NOT ELIGIBLE TO GET A W2 --

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  -- WITH A FOREIGN TAXPAYER

                    IDENTIFICATION, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  AND SO -- AND IT'S ILLEGAL FOR AN

                                         29



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    EMPLOYER TO HIRE SOMEONE WHO'S HERE ILLEGALLY, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  SO, ALL THESE PEOPLE THAT YOU'RE

                    REFERRING TO THAT ARE CURRENTLY WORKING, THEY'RE NOT PAYING NEW YORK

                    STATE INCOME TAX AND THEY'RE NOT PAYING FEDERAL INCOME TAX BECAUSE

                    IT'S ILLEGAL FOR THEM TO WORK, IT'S ILLEGAL FOR THEIR EMPLOYER TO REPORT

                    THEIR INCOME BECAUSE IT'S ILLEGAL FOR THE EMPLOYER TO HAVE THEM.  SO,

                    THEY'RE ALL ENGAGED IN TAX EVASION, CORRECT?

                                 MS. DE LA ROSA:  THE REALITY IS THAT THESE NEW

                    YORKERS DO WORK IN NEW YORK STATE.  THEY PAY TAXES.  THEY PAY STATE

                    AND LOCAL TAXES, AND THEY ALSO -- THEY HAVE EMPLOYMENT.  THEY WORK.

                    THEY CONTRIBUTE MILLIONS AND MILLIONS TO THE ECONOMY OF OUR STATE

                    EVERY YEAR.

                                 MR. GOODELL:  AND, OF COURSE, THE REASON WE HAVE

                    ALL THESE IMMIGRATION RULES AND RESTRICTIONS, THERE'S SEVERAL REASONS, OF

                    COURSE.  ONE IS WE WANT TO MAKE SURE THAT THE PEOPLE WHO COME HERE

                    ARE LAWFUL.  SECOND, THEY ALL HAVE TO FILL OUT AN AFFIDAVIT OF SUPPORT TO

                    MAKE SURE THEY'RE NOT ON PUBLIC ASSISTANCE - THESE ARE LAWFUL RESIDENTS

                    -- OR LAWFUL IMMIGRANTS - BUT A THIRD, WE CONTROL THE NUMBER OF PEOPLE

                    THAT COME IN BECAUSE WE WANT TO PROTECT AMERICAN JOBS, YOU KNOW,

                    BLUE COLLAR JOBS, ENTRY LEVEL JOBS FROM UNFAIR FOREIGN COMPETITION, IF

                    YOU WILL.  DOESN'T THIS BILL ENCOURAGE A LOSS OF EMPLOYMENT WITH U.S.

                    BLUE COLLAR WORKERS, PARTICULARLY ENTRY LEVEL AND BLUE COLLAR WORKERS

                    WHO ARE LOSING THEIR JOBS AS A RESULT OF ILLEGAL IMMIGRANTS COMING TO

                    THE UNITED STATES?

                                         30



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  THIS BILL IS AN EDUCATION BILL.  IT

                    DEALS WITH THE EDUCATION LAWS OF NEW YORK STATE AND IT ALLOWS THESE

                    STUDENTS TO HAVE ACCESS TO STATE FINANCIAL AID AND ALSO TO -- TO

                    SCHOLARSHIPS THROUGH THE DREAM FUND COMMISSION.

                                 MR. GOODELL:  SO WHEN THEY GRADUATE WITH A

                    FOUR-YEAR COLLEGE DEGREE, IF THEY HAVEN'T CHANGED THEIR STATUS YET, IT'S

                    STILL ILLEGAL FOR THEM TO WORK AND IT'S STILL ILLEGAL FOR ANY EMPLOYER TO

                    HIRE THEM, CORRECT?

                                 MS. DE LA ROSA:  THEY WORK IN NEW YORK STATE

                    AND THEY WILL CONTINUE TO WORK IN NEW YORK STATE.

                                 MR. GOODELL:  ILLEGALLY.

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  OKAY.  BUT EVEN THOUGH THEY CAN'T

                    LEGALLY WORK IN NEW YORK STATE, WE KNOW UNDER THE EXCELSIOR

                    PROGRAM THEY CAN'T LEAVE NEW YORK STATE WITHOUT HAVING TO PAY BACK

                    THE GRANT -- GRANT, RIGHT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  AND WOULDN'T IT MAKE SENSE THAT IF

                    SOMEONE CANNOT LEGALLY WORK HERE THAT WE ENCOURAGE THEM TO GO TO A

                    LOCATION WHERE THEY CAN LEGALLY WORK?  I MEAN, OBVIOUSLY YOUR

                    EMPLOYMENT OPPORTUNITIES AND YOUR OPPORTUNITIES FOR INCOME AND YOUR

                    OPPORTUNITIES FOR ADVANCEMENT ARE SEVERELY RESTRICTED IF YOUR EMPLOYER

                    CAN BE ARRESTED FOR HIRING YOU, RIGHT?  I MEAN, WOULDN'T IT MAKE SENSE

                    THAT WE ENCOURAGE THEM TO GO SOMEPLACE WHERE THEY CAN ACTUALLY GET A

                    GREAT INCOME AND CONTRIBUTE TO THEIR LOCAL COMMUNITY LEGALLY?

                                         31



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  I DISAGREE.  I THINK THAT THEY DO

                    CONTRIBUTE TO OUR STATE.  THEY HAVE CONTRIBUTED AND THEY WILL CONTINUE

                    TO CONTRIBUTE.

                                 MR. GOODELL:  NOW, AS PART -- WHEN YOU LOOK AT

                    THE DREAM FUND, THE FIRST PART OF THIS BILL --

                                 MS. DE LA ROSA:  MM-HMM.

                                 MR. GOODELL:  -- IT SAID YOU'RE ELIGIBLE FOR THIS

                    PRIVATE FINANCIAL ASSISTANCE, BUT YOU MUST -- ONE OF THE CRITERIA IS YOU

                    MUST RESIDE WITH THE PARENTS OR GUARDIANS WHILE ATTENDING HIGH SCHOOL

                    IN NEW YORK STATE.

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  BUT THERE'S NO REQUIREMENT THAT YOU

                    LIVE WITH A PARENT OR GUARDIAN IN ORDER TO GET TAXPAYER-FUNDED

                    ASSISTANCE.  DON'T YOU THINK THE REQUIREMENTS FOR TAXPAYER-FUNDED

                    ASSISTANCE SHOULD MATCH THOSE FOR PRIVATE FUNDING UNDER THE DREAM

                    FUND?

                                 MS. DE LA ROSA:  IN NEW YORK STATE, IF YOU

                    ACQUIRE A HIGH SCHOOL DIPLOMA, YOU HAVE TO LIVE IN NEW YORK STATE.

                                 MR. GOODELL:  THANK YOU VERY MUCH FOR YOUR

                    ANSWERS.

                                 MS. DE LA ROSA:  THANK YOU.

                                 MR. GOODELL:  I APPRECIATE YOUR INSIGHTS.  THANK

                    YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MURRAY.

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

                                         32



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THE SPONSOR YIELD, PLEASE?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD?

                                 MS. DE LA ROSA YIELDS.

                                 MR. MURRAY:  THANK YOU, MS. DE LA ROSA.

                    THERE'S SEVERAL PARTS TO THIS SO I'LL GO IN DIFFERENT SECTIONS, BUT FIRST, JUST

                    SO I THINK WE'RE ALL ON THE SAME PAGE, WHEN WE'RE TALKING ABOUT

                    DREAMERS, WE'RE TALKING ABOUT DACA, I'VE HEARD MANY TIMES THE --

                    THE STATEMENT THAT THESE KIDS HAVE DONE NOTHING WRONG AND, IN FACT,

                    THEY WERE BROUGHT HERE BY THEIR PARENTS, THEY HAD NO SAY IN THE MATTER

                    AND WHY ARE WE PUNISHING THEM; WOULD -- WOULD THAT BE ON TRACK?

                                 MS. DE LA ROSA:  THESE CHILDREN HAVE BEEN

                    BROUGHT TO THIS COUNTRY, SOME OF THEM THROUGH NO FAULT OF THEIR OWN,

                    BUT THE TRUTH IS AND THE -- AND THE FACT OF THE MATTER IN THIS BILL IS THAT

                    NEW YORK STATE HAS ALREADY INVESTED IN THEIR EDUCATION.  FROM K TO

                    12TH GRADE, NEW YORK STATE PAYS FOR PUBLIC EDUCATION FOR ALL CHILDREN,

                    IRREGARDLESS OF THEIR IMMIGRATION STATUS.

                                 MR. MURRAY:  AND BY "NEW YORK STATE", YOU

                    MEAN THE TAXPAYERS?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  CORRECT.  BUT -- BUT MY POINT BEING

                    THAT THESE -- THESE KIDS HAVEN'T DONE ANYTHING WRONG.  THEY HAVEN'T

                    BROKEN THE LAW.  SO, IF WE'RE -- IF WE'RE NOT PASSING THE DREAM ACT, IF

                    WE'RE -- IF DACA IS NOT STRAIGHTENED OUT, I'VE HEARD IT SAID THAT WE'RE

                    PUNISHING THESE KIDS FOR THE CRIMES COMMITTED BY THEIR PARENTS AND

                    THAT'S WRONG; WOULD YOU AGREE WITH THAT?

                                         33



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  YES.

                                 MR. MURRAY:  OKAY.  NOW, LET'S START WITH THE

                    DREAM FUND.  WHO MAKES UP THE COMMISSION, THE DREAM FUND

                    COMMISSION?  WHO MAKES THAT UP?  WHO -- WHO APPOINTS THEM?

                                 MS. DE LA ROSA:  SURE.  SO THERE ARE 12 MEMBERS

                    TO BE APPOINTED TO THE COMMISSION.  FOUR MEMBERS ARE APPOINTED BY

                    THE GOVERNOR, THREE ARE APPOINTED BY THE TEMPORARY PRESIDENT OF THE

                    SENATE, THREE MEMBERS ARE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,

                    ONE MEMBER IS APPOINTED BY THE MINORITY LEADER OF THE SENATE AND

                    ONE MEMBER BY THE MINORITY LEADER OF THE ASSEMBLY.

                                 MR. MURRAY:  SO, NOT ONLY IS THIS COMMISSION

                    SANCTIONED BY THE STATE, IT'S ACTUALLY PUT TOGETHER BY STATE ELECTED

                    OFFICIALS?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  OKAY.  AND IS -- IS PART OF THE DUTY

                    OF THE COMMISSION DECIDING THE ELIGIBILITY AND WHO RECEIVES THESE

                    SCHOLARSHIPS?

                                 MS. DE LA ROSA:  YES.

                                 MR. MURRAY:  OKAY.  AND WHEN WE TALK ABOUT

                    ELIGIBILITY, AS PART OF THE ELIGIBILITY IT SAYS THE -- THE SCHOLARSHIPS WILL

                    GO TO STUDENTS WHO ARE CHILDREN OF IMMIGRANTS, AND IT GOES A LITTLE

                    FURTHER TO SAY, WHO HAVE AT LEAST ONE PARENT OR GUARDIAN WHO

                    IMMIGRATED TO THE UNITED STATES; IS THAT ACCURATE?

                                 MS. DE LA ROSA:  YES.

                                 MR. MURRAY:  OKAY.  SO, LET'S -- LET'S TALK ABOUT

                                         34



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    WHO WOULD NOT BE ELIGIBLE UNDER THE DREAM FUND.  SO, IF -- IF ONE

                    PARENT OR GUARDIAN MUST BE AN IMMIGRANT OR IMMIGRATED HERE, SO WE

                    HAVE A THIRD GENERATION FAMILY FROM RONKONKOMA, NEW YORK.  THE

                    PARENTS GREW UP IN RONKONKOMA, THEIR GRANDPARENTS GREW UP ON LONG

                    ISLAND IN RONKONKOMA, THEY'RE THIRD-GENERATION KIDS.  THEY WANT TO GO

                    TO COLLEGE.  WOULD THEY BE ELIGIBLE FOR FUNDS UNDER THE DREAM FUND?

                                 MS. DE LA ROSA:  NO.

                                 MR. MURRAY:  NO, BECAUSE THEY ARE NOT -- THEIR

                    PARENTS WERE NOT -- IMMIGRANTS OR IMMIGRATED HERE.

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  OKAY.  THE POINT I'M TRYING TO MAKE

                    IS ALTHOUGH WE ARE PUTTING TOGETHER THIS -- THIS DREAM FUND IS FROM

                    PRIVATE FUNDS, AREN'T WE SANCTIONING DISCRIMINATION?  I MEAN, WHAT I

                    DESCRIBED WHEN I FIRST STARTED TALKING WAS WHEN WE WERE TALKING ABOUT

                    THE DREAMERS, WE WERE TALKING ABOUT KIDS WHO DID NOTHING WRONG,

                    WHY ARE THEY BEING PUNISHED AND, YET, WE'RE SAYING TO THE LEGAL THIRD

                    GENERATION CHILDREN, WELL, BECAUSE YOUR PARENTS HAD THE AUDACITY TO BE

                    BORN HERE, YOU WILL NOT BE QUALIFIED TO GET ANY FUNDING THROUGH THE

                    DREAM FUND.  ISN'T -- HOW IS THAT NOT DISCRIMINATING AGAINST THEM FOR

                    SOMETHING THAT THEY HAVEN'T DONE WRONG?

                                 MS. DE LA ROSA:  THIS BILL OPENS UP THE ELIGIBILITY

                    FOR TAP, IN-STATE TUITION.  THOSE STUDENTS HAVE ACCESS TO TAP, HAVE

                    ACCESS TO IN-STATE TUITION.  THEY WOULD ALSO HAVE ACCESS TO THE

                    EXCELSIOR SCHOLARSHIP.

                                 MR. MURRAY:  THAT'S THROUGH TAP.  WE'RE TALKING

                                         35



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    ABOUT TWO DIFFERENT THINGS, THOUGH, BECAUSE THE DREAM FUND IS NOT

                    THE SAME AS THE DREAM ACT.

                                 MS. DE LA ROSA:  THESE FUNDS -- THESE -- THE

                    DREAM FUND AND THE DREAM ACT DON'T COMPETE, RIGHT.  THE

                    DREAM ACT IS A NEEDS-BASED AWARD.

                                 MR. MURRAY:  RIGHT.

                                 MS. DE LA ROSA:  IT'S GIVEN TO WHOEVER QUALIFIES,

                    WHOEVER MEETS THE REQUIREMENT.  THE DREAM FUND IS A SCHOLARSHIP.

                                 MR. MURRAY:  EXACTLY.  AND THAT'S WHY I STARTED

                    WITH THE DREAM FUND BECAUSE I DID NOT WANT TO MIX IT UP WITH THE

                    DREAM ACT.  WE'LL GET TO THE DREAM ACT.

                                 MS. DE LA ROSA:  MM-HMM.

                                 MR. MURRAY:  BUT THE DREAM FUND BY ITSELF IS A

                    SCHOLARSHIP PROGRAM THE STATE IS OBVIOUSLY SANCTIONING BECAUSE THE

                    STATE HAS PUT TOGETHER THE COMMISSION AND, YET, THIS -- THIS

                    COMMISSION CAN SAY NO TO LEGAL, TAXPAYING RESIDENTS AND SAY, NO, YOU

                    DO NOT GET ANY FUNDING THROUGH THIS.  IT WILL ONLY GO TO THE CHILDREN OF

                    THOSE WHO'VE COME HERE ILLEGALLY.

                                 MS. DE LA ROSA:  LIKE ANY OTHER SCHOLARSHIP,

                    THERE'S REQUIREMENTS.  IF THE PERSON MEETS THE REQUIREMENTS, THEY

                    WOULD GET THE SCHOLARSHIP.

                                 MR. MURRAY:  BUT IS THE REQUIREMENT WHERE YOU'RE

                    BORN?  ISN'T THAT OUT OF CONTROL?  ISN'T THAT WHAT WE SAID IN THE VERY

                    BEGINNING?  SO, WE'RE GOING TO PUNISH THESE KIDS WHO ARE HERE LEGALLY.

                                 MS. DE LA ROSA:  THE REQUIREMENT IS THAT A PARENT

                                         36



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    OR A GUARDIAN BE AN IMMIGRANT.

                                 MR. MURRAY:  OKAY.  SO WE'LL GO TO THE DREAM

                    ACT.

                                 ACTING SPEAKER AUBRY:  ONE MINUTE, PLEASE.

                                 MR. MORELLE, WHY DO YOU RISE?

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I

                    APOLOGIZE FOR THE INTERRUPTION, BUT I WOULD LIKE TO ASK MEMBERS OF THE

                    ELECTION LAW COMMITTEE TO JOIN MR. LAVINE IN THE SPEAKER'S

                    CONFERENCE ROOM.  MY APOLOGIES TO THE TWO MEMBERS.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ELECTION

                    LAW COMMITTEE, MR. LAVINE IS ON HIS WAY.  YOU WILL FOLLOW HIM.

                    THANK YOU.

                                 PROCEED, SIR.  SORRY.

                                 MR. MURRAY:  THANK YOU, SIR.

                                 SO, MOVING NOW TO THE DREAM ACT.  NOW, AS YOU

                    SAID, THE DREAM ACT WILL BE ALLOCATED THROUGH THE TAP PROGRAM,

                    CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  WHICH MEANS THOSE WHO ARE IN THE

                    DREAM ACT WILL ALSO NOW BE ELIGIBLE FOR THE EXCELSIOR SCHOLARSHIP

                    PROGRAM WHICH ALSO GOES THROUGH THE TAP PROGRAM, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  AND HOW MUCH ARE WE ALLOCATING OF

                    TAXPAYER FUNDS FOR TAP?

                                 MS. DE LA ROSA:  $27 MILLION IS THE ESTIMATE.

                                         37



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. MURRAY:  THAT'S FOR DREAM ACT, RIGHT?  BUT

                    THEN THERE'S MORE FOR TAP ALL TOGETHER, CORRECT?

                                 MS. DE LA ROSA:  THE TOTAL IS $27 MILLION.

                                 MR. MURRAY:  OKAY.  AND THE TAP FUND AS WE

                    SAID IS -- IS FUNDED THROUGH THE TAXPAYER DOLLARS, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  OKAY.  ARE THERE -- AS -- AS MY

                    COLLEAGUE EARLIER BROUGHT UP THE INCOME REQUIREMENTS, WHAT ARE THE --

                    OR I'LL BRING THEM UP.  THE INCOME REQUIREMENTS RIGHT NOW FOR THE

                    EXCELSIOR SCHOLARSHIP PROGRAM, WHAT WE DID WAS WE -- WE MOVED IT

                    UP THIS YEAR TO $110,000 HOUSEHOLD INCOME.  NEXT YEAR IT'LL GO TO

                    $125,000, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  AND THAT'S WHERE IT TAPS OUT --

                                 MS. DE LA ROSA:  YES.

                                 MR. MURRAY:  -- NO PUN INTENDED.  BUT $125- IS

                    THE TOP.  HOW ARE WE VERIFYING THE INCOME?  AS MY COLLEAGUE BROUGHT

                    UP, IF THE PARENTS ARE HERE ILLEGALLY AND ARE NOT, THEY DON'T HAVE SOCIAL

                    SECURITY NUMBERS SO THEY ARE NOT PAYING INCOME TAX, HOW ARE WE

                    CHECKING AND VERIFYING THE INCOME ELIGIBILITY OF THESE STUDENTS?

                                 MS. DE LA ROSA:  THERE'S WAYS TO CONFIRM AND

                    VERIFY INCOME ELIGIBILITY.  FOR EXAMPLE, THEY COULD USE RECEIPTS, PAY

                    STUBS AND ANY OTHER WAY OF PROVING WHAT YOUR INCOME IS.

                                 MR. MURRAY:  SO, IF THEY DON'T PROVE THEIR INCOME,

                    THEY DON'T GET IT?

                                         38



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  SO NO DREAMER WILL GET THE

                    EXCELSIOR SCHOLARSHIP OR TAP FUNDS IF THEIR PARENTS ARE NOT ABLE TO

                    VERIFY THEIR INCOME AND MEET THE REQUIREMENTS.

                                 MS. DE LA ROSA:  IF THEY CANNOT MEET THE

                    REQUIREMENTS, THEY WILL NOT BE ELIGIBLE.

                                 MR. MURRAY:  SO AS FAR AS THE EXCELSIOR

                    SCHOLARSHIP PROGRAM AND -- AND -- THROUGH TAP, ONE OF THE

                    REQUIREMENTS ALSO THROUGH THE EXCELSIOR SCHOLARSHIP IS THAT ALL FUNDS

                    GO TOWARDS TUITION, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  SO THE BOOKS, LODGING, MEALS, ALL

                    THE ANCILLARY, THAT IS NOT INCLUDED IN THE EXCELSIOR SCHOLARSHIP

                    PROGRAM.

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. MURRAY:  OKAY.  BUT, YET, IN THE DREAM

                    FUND AND IN THIS BILL, SECTION 11, PARAGRAPH D, LINE 49, THERE'S ALSO

                    FUNDS AVAILABLE THROUGH THE DREAM FUND FOR, "ANY NECESSARY

                    SUPPLEMENTAL FINANCIAL ASSISTANCE WHICH MAY INCLUDE THE COST OF BOOKS

                    AND NECESSARY MAINTENANCE FOR SUCH ENROLLED STUDENTS."  NOW, AREN'T

                    WE DOING KIND OF AN END-RUN AROUND THE REQUIREMENTS OF THE EXCELSIOR

                    SCHOLARSHIP PROGRAM BY DOING THIS?

                                 MS. DE LA ROSA:  WELL, THE FUNDS WOULD ALLOW --

                    AS YOU KNOW, WHEN A STUDENT GOES TO SCHOOL IN THIS STATE, THERE'S OTHER

                    NEEDS THAT THEY HAVE TO MEET, RIGHT?

                                         39



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. MURRAY:  SURE.

                                 MS. DE LA ROSA:  THE SCHOLARSHIP WOULD ALLOW FOR

                    THEM TO PAY FOR THOSE EXTRA NEEDS.

                                 MR. MURRAY:  BUT UNDER THE EXCELSIOR

                    SCHOLARSHIP REQUIREMENTS AND UNDER TAP, IT IS REQUIRED THAT ALL FUNDS,

                    MEANING WHETHER IT'S A PELL GRANT OR ANYTHING, GRANTS, SCHOLARSHIP

                    FUNDS, ALL OF IT HAS TO GO TOWARDS TUITION FIRST AND CANNOT GO TOWARDS

                    BOOKS, MEALS, ROOM AND BOARD AND ALL OF THIS AND, YET, THAT'S EXACTLY

                    WHAT WE'RE DOING IN THIS BILL.

                                 MS. DE LA ROSA:  THE SECTION THAT YOU CITED IS FOR

                    THE OPPORTUNITY PROGRAMS AND THE OPPORTUNITY PROGRAMS DO ALLOW FOR

                    STUDENTS TO ACCESS OTHER SERVICES.  SO, TRANSPORTATION AND OTHER COSTS OF

                    BOOKS AND OTHER COSTS THAT COME WITH HIGHER EDUCATION.

                                 MR. MURRAY:  AND THOSE STUDENTS YOU'RE TALKING

                    ABOUT ARE THE STUDENTS THAT WILL QUALIFY THROUGH THE DREAM FUND

                    WHICH ARE NOT THE LEGAL TAXPAYING STUDENTS, CORRECT?

                                 MS. DE LA ROSA:  CORRECT, BUT THE DREAM FUND

                    -- THE DREAM FUND WOULD ALLOW FOR THEM TO ACCESS -- SO, THEY COULD

                    USE THE EXCELSIOR SCHOLARSHIP IF THEY QUALIFY, RIGHT, AND THEY COULD

                    APPLY FOR THE DREAM ACT FUND SCHOLARSHIP.

                                 MR. MURRAY:  RIGHT.

                                 MS. DE LA ROSA:  IF THEY QUALIFY AND THEY GET THAT

                    MONEY, THAT MONEY COULD BE USED THEORETICALLY TO SUPPLEMENT ANY

                    OTHER COSTS RELATED TO HIGHER EDUCATION.

                                 MR. MURRAY:  I UNDERSTAND WHAT YOU'RE SAYING,

                                         40



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    AND THAT IS A DIRECT END RUN AROUND THE EXCELSIOR SCHOLARSHIP PROGRAM

                    WHICH ABSOLUTELY REQUIRES ANY FUNDS, INCLUDING SCHOLARSHIPS, BE PUT

                    TOWARDS TUITION.  SO, FOR A LEGAL TAXPAYING STUDENT, THEY GET A

                    SCHOLARSHIP.  THAT SCHOLARSHIP MONEY HAS TO GO TOWARDS TUITION,

                    PERIOD; THEY'RE NOT ALLOWED TO DO THIS, BUT NOW THAT SAME LEGAL

                    TAXPAYING STUDENT WHO USES THEIR SCHOLARSHIP, PAYS FOR THE TUITION,

                    THEY'RE NOT ELIGIBLE UNDER THE DREAM FUND TO GET THIS SUPPLEMENTAL

                    SCHOLARSHIP TO PAY FOR THEIR ROOM AND BOARD AND MEALS AND

                    TRANSPORTATION AND SUCH.

                                 MS. DE LA ROSA:  SO THERE'S TWO SEPARATE THINGS

                    HERE:  THE OPPORTUNITY PROGRAMS, RIGHT, ANYONE WHO QUALIFIES FOR THE

                    OPPORTUNITY PROGRAMS COULD USE THAT MONEY FOR WHATEVER THAT PROGRAM

                    ALLOWS THEM TO.  FOR EXAMPLE, HEOP AND EOP ALLOW FOR STUDENTS TO

                    USE THAT MONEY THAT THEY'RE GIVEN FOR ANY OTHER COST.  THE DREAM

                    FUND IS A SEPARATE -- IS A SEPARATE SOURCE OF SUPPORT FOR THESE STUDENTS.

                                 MR. MURRAY:  BUT IT'S IN THE BILL THAT THE DREAM

                    FUND WOULD BE GIVING THEM THE MONEY FOR THAT, WHEREAS THE LEGAL

                    TAXPAYING STUDENT IS NOT ELIGIBLE FOR THE DREAM FUND.  WE ALREADY

                    STATED THAT.

                                 MS. DE LA ROSA:  AS LONG AS EXCELSIOR IS USED AS

                    LAST DOLLAR, THAT WOULD BE FINE UNDER THIS BILL.

                                 MR. MURRAY:  BUT, AGAIN, IN THIS BILL AND THE

                    WORDING OF THIS BILL, IT IS GETTING -- IT IS GIVING THIS MONEY, THIS

                    OPPORTUNITY, THIS SCHOLARSHIP IS THROUGH THE DREAM FUND WHICH IS

                    NOT AVAILABLE TO THE THIRD GENERATION LEGAL TAXPAYING STUDENT; THEREFORE,

                                         41



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THEY'RE BEING SHORTCHANGED AND THIS SOMEWHAT OF AN END RUN AROUND

                    THE EXCELSIOR SCHOLARSHIP PROGRAM.

                                 SO, LITERALLY, A DREAMER COULD GO THROUGH THE

                    EXCELSIOR SCHOLARSHIP PROGRAM, GET ALL OF THEIR TUITION PAID FOR, FOR FREE

                    THROUGH THE TAXPAYERS, THEN TURN AROUND AND GET, THROUGH THIS

                    SCHOLARSHIP THAT IS NOT AVAILABLE TO THE LEGAL TAXPAYING RESIDENT, ALL OF

                    THEIR BOOKS AND THE ROOM AND BOARD AND THEIR MEALS.  SO, THEY ARE

                    LITERALLY GETTING FREE COLLEGE WHILE A LEGAL, THIRD GENERATION TAXPAYING

                    STUDENT WHOSE PARENTS ARE STRUGGLING TO PAY THE BILLS IS NOT ELIGIBLE FOR

                    ALL OF THAT.

                                 MS. DE LA ROSA:  ALL WHO ARE ELIGIBLE WOULD BE

                    ABLE TO APPLY FOR THE FUND AND FOR TAP AND FOR THE OPPORTUNITY

                    PROGRAMS.  THESE FUNDS ARE NOT IN COMPETITION WITH ONE ANOTHER.

                    THEY'RE LOAN STANDING FUNDS AND AS LONG AS YOU MEET THE REQUIREMENTS,

                    YOU WOULD HAVE ACCESS TO THESE FUNDS.

                                 MR. MURRAY:  THANK YOU, MS. DE LA ROSA.

                                 MS. DE LA ROSA:  THANK YOU.

                                 MR. MURRAY:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    MURRAY.

                                 MR. MURRAY:  UNDERSTAND, WHEN I -- I STARTED THE

                    STATEMENT AND THE QUESTIONS, I -- I HAD SAID THAT -- THAT THE DREAMERS

                    DID NOT DO ANYTHING -- THEY DIDN'T BREAK THE LAW, THEY DIDN'T HAVE A SAY;

                    YOU'RE RIGHT AND WE WANT TO PROVIDE OPPORTUNITY, THAT'S NOT A QUESTION.

                    WE DO.  THEY HAVE BEEN HERE, BUT EARLIER ON THE SPONSOR SAID A QUOTE

                                         42



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    ABOUT THE DREAMERS THAT SAID THEY MADE NEW YORK THEIR HOME,

                    CONTRIBUTED TO THE ECONOMY OF NEW YORK STATE AND KNOW NO OTHER

                    HOME.  THAT ALSO DESCRIBES THAT THIRD GENERATION FAMILY FROM

                    RONKONKOMA.  THEY CONTRIBUTE TO THE ECONOMY, THEY KNOW NO OTHER

                    HOME.  THEIR PARENTS DID NOTHING WRONG.  THEY WERE BORN HERE AND,

                    YET, THEY CANNOT QUALIFY FOR SOME OF THESE BENEFITS.

                                 YOU KNOW, WHEN WE HEAR FROM THE -- THE LEGAL, AND

                    I'M CALLING THEM "THE FORGOTTEN LEGAL MIDDLE-CLASS," BECAUSE WE KEEP

                    HEARING STORIES, DACA, THE GOVERNOR PUTS OUT A PRESS RELEASE, THEY'LL

                    GET HEALTH CARE THROUGH MEDICAID REGARDLESS OF WHAT WASHINGTON DOES.

                    AND PEOPLE SAY, WELL, WHAT ABOUT US?  DOCS JUST THIS WEEK -

                    DEPARTMENT OF CORRECTIONS - SAYS FREE TABLETS TO A PROGRAM THEY

                    NEGOTIATED WITH ONE OF THEIR VENDORS, FREE TABLETS TO THE PRISONERS AND,

                    AGAIN, THE LEGAL TAXPAYING RESIDENTS ARE SAYING, WHAT ABOUT US?  WE'RE

                    STRUGGLING TO PAY FOR THIS STUFF.  THE DREAM ACT, NOW, FREE COLLEGE;

                    AGAIN, WHAT ABOUT US?  WHY -- WHY -- WHY ARE WE STRUGGLING AND WE

                    CAN'T GET THAT HELP?

                                 YOU KNOW, I'M GETTING E-MAILS, PHONE CALLS, ANGRY

                    E-MAILS AND PHONE CALLS SAYING, WHAT ABOUT US?  THE FORGOTTEN, LEGAL

                    MIDDLE-CLASS.  WELL, I'M NOT GOING TO FORGET ABOUT THEM.  I'M NOT GOING

                    TO FORGET ABOUT YOU, THAT'S WHY I WILL BE VOTING NO TO THIS BILL.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. LALOR.

                                 MR. LALOR:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR A FEW QUESTIONS?

                                         43



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    DE LA ROSA?

                                 MS. DE LA ROSA:  YES, I YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    SIR.

                                 MR. LALOR:  THANK YOU, MS. DE LA ROSA.

                                 IS THERE AN ESTIMATE ON HOW MANY STUDENTS WILL AVAIL

                    THEMSELVES EITHER OF THE TAP FUNDING OR THE EXCELSIOR PROGRAM?

                                 MS. DE LA ROSA:  THE ESTIMATE THAT WE HAVE IN

                    NEW YORK STATE FOR STUDENTS COMES FROM A REPORT FROM 2013 AND THE

                    NUMBER WE HAVE IS ABOUT 8,300.

                                 MR. LALOR:  AND WE TALKED ABOUT SOME OF THE

                    REQUIREMENTS.  IS A CLEAN CRIMINAL RECORD REQUIREMENT TO RECEIVE THIS

                    FUNDING?

                                 MS. DE LA ROSA:  NO, JUST LIKE IT ISN'T FOR RESIDENTS.

                                 MR. LALOR:  SO SOMEBODY IN THE COUNTRY ILLEGALLY

                    WHO'S CONVICTED OF, SAY, A MISDEMEANOR, CAN THEY RECEIVE TAP UNDER

                    THIS LEGISLATION?

                                 MS. DE LA ROSA:  THE SAME WAY ANYONE ELSE

                    COULD.

                                 MR. LALOR:  IS THAT A YES?

                                 MS. DE LA ROSA:  YES.

                                 MR. LALOR:  AND HOW ABOUT SOMEBODY IN THE

                    COUNTRY ILLEGALLY WHO COMMITS A FELONY, ARE THEY ELIGIBLE FOR THIS

                    TAXPAYER-FUNDED TUITION ASSISTANCE?

                                         44



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  WE DON'T THINK SO.

                                 MR. LALOR:  WE'RE GOING TO VOTE ON THIS IN A FEW

                    MINUTES.  CAN YOU --

                                 MS. DE LA ROSA:  NO.

                                 MR. LALOR:  THEY'RE NOT -- THEY'RE NOT ELIGIBLE?

                                 MS. DE LA ROSA:  THEY'RE NOT ELIGIBLE.

                                 MR. LALOR:  AND I READ IN THE -- THE SPONSOR'S

                    MEMO, IT SAYS THESE YOUNG PEOPLE GENERALLY -- GENERALLY DERIVE THEIR

                    IMMIGRATION STATUS FROM THEIR PARENTS.  SO, GENERALLY-DERIVED.  SO,

                    MOST OF THEM DERIVE THEIR IMMIGRATION STATUS FROM THEIR PARENTS?  SO, IT

                    SOUNDS LIKE THERE'S AN EXCEPTION IN THERE; WHAT'S THE EXCEPTION?

                                 MS. DE LA ROSA:  WELL, YOU KNOW, WHEN WE'RE

                    SPEAKING ABOUT A GROUP OF PEOPLE, WE'RE SPEAKING IN GENERAL TERMS.  IN

                    GENERAL TERMS, MOST OF THEM WERE BROUGHT HERE BY THEIR PARENTS.

                                 MR. LALOR:  RIGHT.

                                 MS. DE LA ROSA:  OR BY A GUARDIAN OR BY A FAMILY

                    MEMBER.  SO, THAT'S WHY WE SAY THEY DERIVE THEIR STATUS FROM THEIR

                    PARENT.

                                 MR. LALOR:  RIGHT, BUT YOU SAID "GENERALLY" THEY

                    DERIVE THEIR IMMIGRATION STATUS, NOT "ALL OF THEM" DERIVE THEIR

                    IMMIGRATION STATUS.  SO, WHOSE IN THAT OTHER CATEGORY?  HOW DID THEY

                    GET HERE?

                                 MS. DE LA ROSA:  WE'RE TALKING IN GENERALITIES

                    HERE.  WE'RE TALKING ABOUT A GROUP OF CHILDREN WHO WERE BROUGHT HERE.

                    I CAN'T SAY ALL OF THEM WERE BROUGHT HERE PRECISELY BY THEIR PARENTS, BUT

                                         45



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THEY DID COME HERE MAYBE BY A GUARDIAN OR A FAMILY MEMBER.

                                 MR. LALOR:  COULD THEY HAVE COME HERE -- COULD A

                    17-YEAR-OLD HAVE COME HERE BY HIM OR HERSELF?

                                 MS. DE LA ROSA:  I'M NOT GOING TO SPECULATE ON

                    THAT BECAUSE AS I SAID --

                                 MR. LALOR:  DO YOU THINK IT'S POSSIBLE THAT A 17- OR

                    18-YEAR-OLD CAME HERE BY HIMSELF?

                                 MS. DE LA ROSA:  EVERYTHING IS POSSIBLE, CORRECT.

                                 MR. LALOR:  HOW ABOUT A 19-YEAR-OLD.

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. LALOR:  IS IT POSSIBLE THAT A 19-YEAR-OLD ADULT

                    CAME HERE, WENT TO A NEW YORK HIGH SCHOOL FOR TWO YEARS, WOULD HE

                    BECOME ELIGIBLE FOR THIS TAXPAYER-FUNDED TUITION SUBSIDY?

                                 MS. DE LA ROSA:  IF HE MEETS ALL OF THE OTHER

                    REQUIREMENTS, YES.

                                 MR. LALOR:  OKAY.  SO, HE WASN'T BROUGHT HERE BY

                    HIS PARENTS MOST LIKELY IF HE'S 19.  HE'S A FREE ADULT, COULD MAKE HIS

                    OWN DECISION, COULD HAVE STAYED IN HIS OWN COUNTRY?

                                 MS. DE LA ROSA:  WE'RE NOT GOING TO SPECULATE ON

                    -- ON A SCENARIO.

                                 MR. LALOR:  BUT IT'S POSSIBLE.

                                 MS. DE LA ROSA:  ALL OF THAT IS LIKELY.

                                 MR. LALOR:  OKAY.  LIKELY?

                                 MS. DE LA ROSA:  OR POSSIBLE.

                                 MR. LALOR:  WHICH ONE?

                                         46



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  POSSIBLE.

                                 MR. LALOR:  AND GETTING BACK TO THE VALIDATING

                    PROCESS.  THERE'S ALL KINDS OF REQUIREMENTS FOR THE DREAM FUND.

                    YOU HAVE TO LIVE WITH YOUR PARENTS?

                                 MS. DE LA ROSA:  MM-HMM.

                                 MR. LALOR:  WHAT ARE THE SAFEGUARDS IN-- IN PLACE

                    TO -- TO VALIDATE THAT?  I MEAN, HOW DO YOU PROVE THAT YOU LIVE WITH

                    YOUR PARENTS?  WHAT'S THE PROCESS?

                                 MS. DE LA ROSA:  IT'S THE SAME PROCESS THAT

                    EVERYONE ELSE WOULD HAVE TO ADHERE TO WHEN THEY'RE APPLYING FOR

                    TUITION ASSISTANCE.  SO, YOU WOULD HAVE TO GIVE YOUR PARENTS' INCOME

                    INFORMATION OR ANYTHING ELSE THAT --

                                 MR. LALOR:  BUT IT'S A LITTLE DIFFERENT BECAUSE IN THIS

                    CASE, WE'RE -- WE'RE CONCEDING THAT THE PARENTS ARE IN THE COUNTRY

                    ILLEGALLY, PRESUMABLY TO STAY HERE.  THEY TRAFFIC IN ILLEGAL DOCUMENTS TO

                    MAKE THEIR WAY.  SO, ARE THERE ANY SAFEGUARDS IN PLACE TO MAKE SURE

                    THAT THE PERSON ACTUALLY LIVES AT THEIR PARENT'S HOUSE, FOR EXAMPLE?

                                 MS. DE LA ROSA:  SO, THE MEMBERS OF THE

                    COMMISSION WOULD BE TASKED WITH LOOKING AT EVERY CASE AND MAKING

                    THOSE DETERMINATIONS IF -- IF THERE WAS A SITUATION WHERE THAT WASN'T

                    CLEAR.

                                 MR. LALOR:  SO THIS COMMISSION COULD DECIDE, EH,

                    WE'RE NOT SURE IF YOU LIVE WITH YOUR PARENTS, BUT WE'RE GOING TO LET YOU

                    IN ANYWAY, HERE'S YOUR TUITION CHECK.

                                 MS. DE LA ROSA:  THEY WOULD HAVE TO MEET EVERY

                                         47



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    REQUIREMENT.  IF THEY CANNOT PROVE A REQUIREMENT, THEY WOULD NOT BE

                    ELIGIBLE.

                                 MR. LALOR:  RIGHT.  BUT, IF I SHOW YOU A PIECE OF

                    PAPER THAT'S NOT LEGITIMATE, I GUESS I'M PROVIDING SOME LEVEL OF PROOF,

                    BUT IT'S NOT --

                                 MS. DE LA ROSA:  IT WOULD -- IT WOULD HAVE TO BE A

                    PIECE OF PAPER THAT WOULD BE ACCEPTABLE UNDER EVERY OTHER REQUIREMENT

                    IN ORDER TO GET THIS ASSISTANCE IN THE STATE.

                                 MR. LALOR:  AND AS FAR AS 527 NOW UNDER THIS

                    LEGISLATION, SOMEONE IN THE COUNTRY ILLEGALLY, THEY COULD --

                                 MS. DE LA ROSA:  529?

                                 MR. LALOR:  529, I'M SORRY -- 529, THEY COULD AVAIL

                    THEMSELVES OF THAT PROGRAM.  SOMEONE PUTS MONEY INTO A 529 PROGRAM

                    AND THEY RECEIVE A TAX BENEFIT, CORRECT?

                                 MS. DE LA ROSA:  IF THEY HAVE A TAXPAYER ID, THEY

                    WOULD BE ABLE TO DO THAT.

                                 MR. LALOR:  RIGHT.  SO DO WE KNOW HOW MUCH

                    REVENUE IS GOING TO BE LOST TO THE STATE WITH THE 529 PLAN, FOR EXAMPLE?

                                 MS. DE LA ROSA:  WE DON'T KNOW.

                                 MR. LALOR:  BUT WE'RE GOING TO VOTE ON THIS SOON,

                    RIGHT?

                                 MS. DE LA ROSA:  WE DON'T KNOW.

                                 MR. LALOR:  HOW ABOUT THE DREAM FUND?  DO

                    WE KNOW HOW MUCH REVENUE IS GOING TO BE LOST TO THE STATE AND

                    PRESUMABLY HAVE TO BE MADE UP BY OTHER NEW YORK TAXPAYERS?

                                         48



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  THE DREAM FUND --

                                 MR. LALOR:  YES.

                                 MS. DE LA ROSA:  -- IS MADE UP OF PRIVATE

                    DONATIONS.  IT'S NOT STATE MONEY.

                                 MR. LALOR:  IS THERE A TAX DEDUCTION?

                                 MS. DE LA ROSA:  EXCUSE ME?

                                 MR. LALOR:  IS THERE A TAX DEDUCTION TO THE

                    DREAM FUND?

                                 MS. DE LA ROSA:  THE SAME WAY THAT ANY -- ANY

                    OTHER CHARITABLE ORGANIZATION OR NON-PROFIT.  WHEN YOU MAKE A

                    DONATION, YOU COULD ACCESS A TAX DEDUCTION.

                                 MR. LALOR:  RIGHT.  SO, THERE'S A TAX DEDUCTION.

                    SOMEONE'S TAX LIABILITY GOES DOWN AND, PRESUMABLY, THE REST OF OUR TAX

                    LIABILITY GOES UP TO MAKE UP FOR IT, UNLESS WE'RE GOING TO CUT SOMETHING

                    WHICH DOESN'T HAPPEN -- HASN'T HAPPENED IN MY FIVE YEARS.

                                 MS. DE LA ROSA:  WE DON'T THINK THAT IT WOULD

                    HAVE A NOTICEABLE IMPACT ON THE STATE FINANCIAL PLAN FROM A DEDUCTION.

                                 MR. LALOR:  OKAY.  AND MORE AND MORE, GRAD

                    SCHOOL IS IMPORTANT TO OPEN DOORS.  I KNOW MY FATHER, THE SON OF AN

                    IMMIGRANT, BY THE WAY, HAD A BACHELOR'S DEGREE AND HE WAS ABLE TO

                    BECOME A CPA, BUT THAT WAS 50 YEARS AGO.  YOU'D HAVE TO GET A

                    MASTER'S DEGREE NOW TO BE A CPA, FOR EXAMPLE.  MANY -- MANY

                    PROFESSIONS ARE LIKE THAT.  BUT ABOUT FIVE, SIX YEARS AGO, NEW YORKERS

                    WHO'VE ALREADY GOTTEN A BACHELOR'S DEGREE, THEY'RE NO LONGER ELIGIBLE

                    FOR TAP TO SEEK THAT MASTER'S DEGREE THAT MIGHT BE NECESSARY IN THEIR

                                         49



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    FIELD.  SO, MY QUESTION IS WHY IS THE BACHELOR'S DEGREE FOR SOMEBODY

                    IN THE COUNTRY ILLEGALLY MORE IMPORTANT THAN A MASTER'S DEGREE FOR

                    SOMEBODY WHO'S AN ACTUAL LEGAL RESIDENT OF NEW YORK STATE AND THE

                    UNITED STATES?  WHY IS THAT THE PRIORITY?

                                 MS. DE LA ROSA:  WELL, I DISAGREE WITH YOUR

                    PREMISE.  I THINK THAT THE TWO ARE NOT MUTUALLY EXCLUSIVE, RIGHT?  YOU

                    COULD SUPPORT GIVING THIS BENEFIT TO THE DREAMERS, TO THE STUDENTS

                    THAT ARE HERE, AND YOU COULD SUPPORT EXPANDING INTO TAP, BUT WHAT

                    WE'RE DEALING WITH -- EXPANDING TAP FOR GRADUATES.  BUT WHAT WE'RE

                    DEALING WITH TODAY IN THIS BILL IS EXPANDING THAT BENEFIT IN TAP,

                    IN-STATE TUITION OPPORTUNITY PROGRAMS TO THE STUDENTS, AS I SAID EARLIER,

                    THAT HAVE BEEN IN THIS COUNTRY, THAT HAVE STUDIED IN THIS COUNTRY, THAT

                    WE'VE ALREADY INVESTED SO MUCH IN IN THEIR EARLIER EDUCATION.

                                 MR. LALOR:  ON THE BILL, MR. SPEAKER.

                                 THANK YOU VERY MUCH.

                                 YOU KNOW, MR. SPEAKER, THIS DEBATE IS RAGING IN NEW

                    YORK STATE, IT'S RAGING ACROSS THE COUNTRY AND I -- I DID A LITTLE RESEARCH.

                    AN ORGANIZATION CALLED THE FEDERATION OF AMERICAN IMMIGRATION

                    REFORM, THEIR NUMBERS ARE FROM 2011, BUT THEY CRUNCHED THE NUMBER

                    FOR THE WHOLE COUNTRY AND THEY BROKE IT DOWN BY STATE.  AND MY

                    COLLEAGUES ARE RIGHT WHEN THEY SAY THAT THOSE IN THE COUNTRY ILLEGALLY

                    PAY TAXES.  HERE IN NEW YORK STATE, THESE ARE 2011 NUMBERS, BUT

                    THEY'RE PROBABLY SIMILAR, PROPORTIONAL.  THEY PAID $192 MILLION IN

                    TAXES.  BIG MONEY, BUT THE NET BURDEN TO THE STATE, $9.3 BILLION.  AND

                    THEY BROKE IT DOWN.  EDUCATION, $5.83 BILLION.  SO, THE EDUCATION COST

                                         50



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    ALONE FOR THOSE IN THE COUNTRY ILLEGALLY IS FIVE-TIMES GREATER THE AMOUNT

                    PUT IN BY THOSE IN THE COUNTRY ILLEGALLY.  HEALTH CARE, $957 MILLION COST

                    TO TAXPAYERS.  JUSTICE IN LAW ENFORCEMENT, $865 MILLION COST TO

                    TAXPAYERS.  PUBLIC ASSISTANCE, $648 MILLION - PER YEAR, MIND YOU, EVERY

                    YEAR, YEAR AFTER YEAR.  GENERAL GOVERNMENT SERVICES, $1.16 BILLION.

                    THAT'S YOUR INFRASTRUCTURE, YOUR ROADS AND THINGS LIKE THAT.  AND IF YOU

                    BREAK IT DOWN, EVERY HOUSEHOLD IN OUR STATE, PEOPLE THAT WE REPRESENT,

                    THAT'S HEADED BY A U.S. CITIZEN PAYS $1,500 -- I'M SORRY, $1,757 EVERY

                    YEAR TO SUPPORT THOSE IN THE COUNTRY ILLEGALLY.

                                 AND I'VE HEARD THE ARGUMENT THAT WE'VE ALREADY

                    INVESTED SO MUCH IN THOSE WHO ARE HERE ILLEGALLY, BUT I THINK THAT'S AN

                    ARGUMENT AGAINST THIS LEGISLATION.  WE'VE -- WE'VE INVESTED BILLIONS

                    UPON BILLIONS UPON BILLIONS AND NOW THEY'RE COMING BACK AND THEY'RE

                    ASKING FOR MORE.  WHEN DOES IT END?

                                 A MILLION NEW YORKERS HAVE LEFT OUR STATE IN THE PAST

                    SEVEN YEARS, MUCH OF IT IN UPSTATE NEW YORK WHERE THINGS ARE

                    ECONOMICALLY DEVASTATED.  WE'RE ONE-SIXTH INTO THIS LEGISLATIVE SESSION.

                    HAVE WE PASSED ANYTHING TO HELP THE PEOPLE IN NEW YORK STATE WHO

                    ARE HERE ILLEGALLY?  WE'VE CONSENTED MOST BILLS.  I REMEMBER ONE

                    DEBATE ON PROPANE.  YOU KNOW, IMPORTANT STUFF, BUT DOES IT RISE TO THE

                    LEVEL OF THE KIND OF THINGS THAT ARE GOING TO KEEP NEW YORKERS HERE,

                    END THE EXODUS?  I DON'T THINK SO, BUT HERE WE ARE, OUR FIRST REAL PIECE

                    OF MEANINGFUL LEGISLATION ONE-SIXTH OF THE WAY INTO THE LEGISLATIVE

                    SESSION AND IT'S FOR PEOPLE WHO ARE IN THE COUNTRY ILLEGALLY.  WHAT ARE

                    THE PEOPLE -- WHAT ARE WE DOING FOR THE PEOPLE WHO ARE IN THIS COUNTRY

                                         51



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    LEGALLY AND HAVE BEEN FOR YEARS?  NOT ANYTHING SO FAR THIS YEAR.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MORELLE.

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

                    ALLOWING THE INTERRUPTION.  I'D LIKE TO ASK MEMBERS OF THE

                    GOVERNMENTAL EMPLOYEES COMMITTEE TO JOIN MR. ABBATE IN THE

                    SPEAKER'S CONFERENCE ROOM.  GOVERNMENTAL EMPLOYEES IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  GOVERNMENTAL

                    EMPLOYEES, SPEAKER'S CONFERENCE ROOM.

                                 MR. GOODELL.

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

                    THE SPONSOR YIELD AGAIN?

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  I YIELD.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER, AND THANK YOU VERY MUCH, MS. DE LA ROSA.  YOU DID SUCH A

                    GREAT JOB EARLIER, I -- I DIDN'T WANT YOU TO SIT DOWN WITHOUT HAVING AN

                    OPPORTUNITY TO ADDRESS A FEW MORE QUESTIONS.

                                 MS. DE LA ROSA:  MY PLEASURE.

                                 MR. GOODELL:  SO, THANK YOU SO MUCH.  OF COURSE,

                    YOU KNOW, ONE OF THE THINGS WE WRESTLE WITH AS A GOVERNMENT, OF

                    COURSE WE WANT TO ENCOURAGE LEGAL BEHAVIOR AND DISCOURAGE OR EVEN

                                         52



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    PUNISH ILLEGAL BEHAVIOR.  I -- I THINK WE ALL KIND OF AGREE ON THAT

                    GENERAL CONCEPT; WOULDN'T YOU AGREE?

                                 MS. DE LA ROSA:  I DISAGREE WITH YOUR PREMISE

                    BASED UPON THE ISSUE THAT WE'RE DISCUSSING HERE TODAY.

                                 MR. GOODELL:  SO YOU BELIEVE WHEN IT COMES TO

                    IMMIGRATION, WE CAN ENCOURAGE ILLEGAL BEHAVIOR AND DISCOURAGE LEGAL

                    BEHAVIOR?

                                 MS. DE LA ROSA:  I BELIEVE WHEN IT COMES TO

                    IMMIGRATION, THESE STUDENTS ARE NEW YORKERS AND IT IS OUR

                    RESPONSIBILITY TO EDUCATE THEM, TO MAKE SURE THAT WE HAVE AN EDUCATED

                    WORKFORCE SO THEY CAN CONTINUE TO CONTRIBUTE TO THE ECONOMY OF THE

                    STATE.

                                 MR. GOODELL:  BUT ONE OF THE STRENGTHS I THINK OF

                    THE UNITED STATES IS WE'VE ALWAYS HAD THE PHILOSOPHY THAT NO ONE IS

                    ABOVE THE LAW.  AND THAT MEANS NO ONE FROM THE PRESIDENT, RIGHT, THE

                    HIGHEST POSITION, NO ONE'S ABOVE THE LAW OR EVEN SOMEONE WHO MAY BE

                    HERE ILLEGALLY; WOULDN'T YOU AGREE THAT NO ONE SHOULD BE ABOVE THE

                    LAW?

                                 MS. DE LA ROSA:  OF COURSE.

                                 MR. GOODELL:  SO IF YOU GRADUATE FROM HIGH

                    SCHOOL AND -- AND YOU'RE UNDER THE AGE OF 18 OR AROUND THE AGE OF 18,

                    YOU CAN, AS YOU KNOW, APPLY FOR A STUDENT VISA, CORRECT?  IF YOU'RE NOT

                    HERE LEGALLY, LET'S SAY YOU'RE HERE FROM - WE'LL PICK MY FAVORITE COUNTRY,

                    SWEDEN, BECAUSE MY GRANDPARENTS CAME FROM SWEDEN - BUT LET'S SAY

                    YOU'RE HERE ILLEGALLY FROM SWEDEN, YOU GRADUATE FROM HIGH SCHOOL IN

                                         53



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    NEW YORK STATE.  YOU CAN APPLY FOR A STUDENT VISA FROM SWEDEN,

                    RIGHT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  YOU HAVE 180 DAYS AND YOU'RE

                    GOOD TO GO.  SHOULDN'T WE ENCOURAGE THOSE STUDENTS WHO ARE

                    GRADUATING, WHO ARE IN THAT AGE CATEGORY, AROUND 18, TO PROPERLY APPLY

                    FOR LEGAL STUDENT STATUS LIKE AN F VISA?

                                 MS. DE LA ROSA:  MR. GOODELL, I HAVE HEARD THE

                    STORIES OF THESE STUDENTS AND I CAN ASSURE YOU THAT IF THERE ARE LEGAL -- IF

                    THERE IS LEGAL RECOURSE FOR THEM TO MAKE THEIR STATUS CURRENT, THEY'VE

                    EXHAUSTED THOSE RECOURSE.

                                 MR. GOODELL:  ARE THEY AWARE THEY CAN APPLY FOR

                    A STUDENT VISA FROM THEIR HOME COUNTRY UP TO 180 DAYS OF THEIR 18TH

                    BIRTHDAY?

                                 MS. DE LA ROSA:  I'M SURE SOME OF THEM ARE

                    AWARE, BUT THE POINT IS THAT THEY -- THESE STUDENTS - WE'RE NOT TALKING

                    ABOUT ALL STUDENTS.  WE'RE TALKING ABOUT STUDENTS THAT HAVE BEEN HERE,

                    THAT HAVE MADE NEW YORK STATE THEIR HOME.  STUDENTS WHO -- WE HEARD

                    TODAY FROM A YOUNG WOMAN WHO HAS BEEN IN THIS COUNTRY SINCE SHE

                    WAS TWO YEARS OLD, SINCE THEY WERE THREE YEARS OLD, SINCE THEY WERE

                    BABIES.  AND THOSE ARE THE STUDENTS THAT WE, IN THIS LEGISLATION, ARE

                    OPENING UP THE OPPORTUNITY, THE PROCESS FOR THEM TO ACCESS IN-STATE

                    ASSISTANCE.

                                 MR. GOODELL:  BUT JUST SO I UNDERSTAND, THIS BILL IS

                    NOT LIMITED TO PEOPLE WHO HAVE SPENT A LONG TIME HERE ILLEGALLY,

                                         54



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    CORRECT?  IT'S NOT LIMITED TO THOSE WHO CAME HERE WHEN THEY WERE THREE

                    YEARS OLD, CORRECT?

                                 MS. DE LA ROSA:  AS LONG AS THEY MEET THE

                    REQUIREMENTS THAT ARE SET OUT IN THE BILL, THEY WOULD BE ABLE TO HAVE

                    ACCESS TO THIS BENEFIT.

                                 MR. GOODELL:  AND SO THE ONLY REQUIREMENT IN THE

                    BILL IS NOT THAT YOU'VE BEEN HERE A LONG TIME OR THAT YOU CAME AS A

                    YOUNG CHILD OR THAT YOU CAME HERE THROUGH NO FAULT OF OUR OWN; THAT'S

                    NOT IN THIS BILL ANYWHERE.  THE ONLY THING THAT'S IN THIS BILL IS THAT YOU

                    SPENT THE LAST TWO YEARS IN A NEW YORK STATE HIGH SCHOOL, CORRECT?

                                 MS. DE LA ROSA:  AND YOU'RE, THEREFORE, A NEW

                    YORKER AND YOU'RE, THEREFORE, WOULD HAVE ACCESS TO THIS.

                                 MR. GOODELL:  BUT YOU ONLY -- BUT THIS BILL ONLY

                    REQUIRES THAT YOU BE HERE FOR TWO YEARS OR 30 DAYS IF YOU TAKE THE GED.

                                 MS. DE LA ROSA:  THE SAME REQUIREMENTS AS IT

                    WOULD FOR ANYONE ELSE.

                                 MR. GOODELL:  OKAY.  SO IF YOU WERE TO APPLY FOR

                    LEGAL STUDENT STATUS, THERE'S CERTAIN THINGS YOU HAVE TO ESTABLISH.  FOR

                    EXAMPLE, YOU HAVE TO ESTABLISH THAT YOU'RE EITHER PROFICIENT IN ENGLISH

                    OR SIGNED UP FOR AN ENGLISH PROFICIENCY COURSE, AND YOU HAVE TO

                    ESTABLISH THAT YOU MAINTAIN A RESIDENCY ABROAD AND THAT YOU'RE GOING TO

                    COMPLY WITH OUR LAWS WHILE YOU'RE HERE AND YOU ALSO HAVE TO ESTABLISH

                    THAT WHILE YOU'RE HERE, YOU WILL NOT BE SEEKING GOVERNMENT SUPPORT,

                    RIGHT THAT YOU'RE SELF-SUPPORTING; THOSE ARE ALL CRITERIA FOR A LEGAL

                    IMMIGRANT SEEKING STUDENT VISA STATUS, CORRECT?

                                         55



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  BUT NONE OF THOSE REQUIREMENTS

                    APPLY UNDER THIS PROGRAM?

                                 MS. DE LA ROSA:  THE REQUIREMENTS THAT APPLY

                    UNDER THIS PROGRAM, AS YOU STATED BEFORE, ARE THAT THEY WENT TO HIGH

                    SCHOOL IN THE STATE, GRADUATED FROM A HIGH SCHOOL IN THE STATE TWO

                    YEARS PRIOR OR HAVE RECEIVED A GED.

                                 MR. GOODELL:  OKAY.  AND IF YOU COME HERE ON A

                    -- A J VISA, WHICH IS A GREAT VISA, BY THE WAY.  IT GIVES AN OPPORTUNITY

                    FOR A STUDENT TO COME TO THE UNITED STATES, STUDY, USUALLY ALL THEIR

                    TUITION IS PAID FOR, OFTEN THEIR ROOM AND BOARD IS ALSO PAID FOR.  IT'S A

                    GREAT PROGRAM.  LAST YEAR WE HAD 380,000 STUDENTS COME IN ON A J

                    VISA.  BUT THE DIFFERENCE BETWEEN THAT VISA AND THIS APPROACH IS THOSE

                    380 (SIC) STUDENTS THAT CAME IN ON A J VISA HAD THEIR TUITION PAID FOR

                    ENTIRELY BY EITHER THE FEDERAL GOVERNMENT OR THEIR HOME GOVERNMENT OR

                    SOME OTHER SOURCE.  SHOULDN'T WE ENCOURAGE STUDENTS WHO ARE HERE TO

                    APPLY FOR A J VISA SO THAT THEY'RE FUNDED BY SOMEBODY OTHER THAN THE

                    NEW YORK STATE TAXPAYERS?

                                 MS. DE LA ROSA:  UNDER THIS LEGISLATION, WE DON'T

                    TALK ABOUT J VISAS; J VISAS ARE NOT A SUBJECT OF THIS LEGISLATION.  THIS

                    LEGISLATION IS SPECIFICALLY DEALING WITH STUDENTS, AS I SAID BEFORE, WHO

                    HAVE STUDIED IN THIS STATE, WHO HAVE GRADUATED IN THIS STATE AND ARE

                    SEEKING ACCESS TO THE BENEFITS OF THIS STATE.

                                 MR. GOODELL:  ON THE COST OF THIS PROGRAM.  WE --

                    WE KNOW LAST YEAR IT WAS A $27 MILLION COST JUST FOR THE TAP PROGRAM.

                                         56



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    DO YOU HAVE AN ESTIMATE FOR WHAT THE TOTAL COST OF THIS PROGRAM MIGHT

                    BE INCLUDING THE COST OF THE EXCELSIOR?

                                 MS. DE LA ROSA:  WE HAVE -- THE ESTIMATE THAT WE

                    HAVE IS $27 MILLION.  THAT IS THE TOTAL ESTIMATE.

                                 MR. GOODELL:  THE $27 MILLION WAS FOR THE TAP

                    COMPONENT.

                                 MS. DE LA ROSA:  FOR THE ENTIRE -- FOR THE ENTIRE

                    PROGRAM.

                                 MR. GOODELL:  SO YOU'RE ENVISIONING THAT NONE OF

                    THESE STUDENTS WOULD APPLY FOR THE EXCELSIOR PROGRAM?

                                 MS. DE LA ROSA:  THE GOVERNOR HAS ADDED IN HIS

                    PROPOSAL $24 MILLION FOR STATE SUPPORT OF THE EXCELSIOR.  THAT MONEY

                    WOULD BE USED.  THEY WOULD HAVE ACCESS TO THAT MONEY.

                                 MR. GOODELL:  I APOLOGIZE.  THAT WAS $24

                    MILLION?

                                 MS. DE LA ROSA:  $24 MILLION MORE TO THE

                    EXCELSIOR PROGRAM.

                                 MR. GOODELL:  SO IT WOULD BE A $27- PLUS THE $24-

                    OR, YOU KNOW, WHATEVER THAT IS, $51 MILLION?

                                 MS. DE LA ROSA:  THE TOTAL -- THE TOTAL AMOUNT FOR

                    THIS PROGRAM IS $27 MILLION FOR THE DREAM ACT TO BE ENACTED.  WHAT

                    I'M SAYING IS THAT THE EXCELSIOR SCHOLARSHIP, RIGHT NOW THE GOVERNOR'S

                    PROPOSAL IS TO ADD AN ADDITIONAL $24 MILLION BRINGING THE PROGRAM TO

                    $118.4 MILLION.  THE COST OF HAVING THE DREAMERS ACCESS EXCELSIOR

                    WOULD BE INCLUDED IN THAT TOTAL AMOUNT.

                                         57



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS. DE LA

                    ROSA, I APPRECIATE YOUR COMMENTS.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  AS A GENERAL POLICY, I THINK ALL OF

                    US SHOULD START OUT WITH THE PREMISE THAT WE WANT TO ENCOURAGE LEGAL

                    ACTIVITY AND DISCOURAGE ILLEGAL ACTIVITY.  UNFORTUNATELY, THE DREAM

                    ACT DOES EXACTLY THE OPPOSITE.  WHAT THIS BILL SAYS IS THAT IF YOU GO

                    THROUGH THE LEGAL CHANNELS AND GET A STUDENT VISA, YOU HAVE TO PAY

                    YOUR OWN WAY.  IF YOU GO THROUGH LEGAL CHANNELS AND GET A J VISA,

                    ANOTHER STUDENT VISA, YOUR FOREIGN GOVERNMENT WILL PAY THE WAY AND

                    YOU HAVE TO GO BACK HOME AND ENRICH YOUR HOME COUNTRY WHEN YOU'RE

                    DONE.  THIS BILL SAYS THAT IF YOU VIOLATE ALL THOSE LAWS, IF YOU DON'T

                    COMPLY WITH A J VISA AND YOU DON'T COMPLY WITH A STUDENT VISA, THEN

                    WE WILL GIVE YOU FREE TUITION.  NOW, THINK ABOUT THAT.  WE'RE SAYING IF

                    YOU VIOLATE THE LAW, WE'LL GIVE YOU FREE TUITION, BUT IF YOU COMPLY WITH

                    THE LAW, YOU GET NOTHING.  THAT IS A VERY WILD PROPOSITION FOR US TO BE

                    CONSIDERING, AND IT GOES ON FURTHER.

                                 THOSE WHO SUPPORT THIS BILL CORRECTLY POINT OUT THE

                    COMPASSION WE SHOULD HAVE TO YOUNG CHILDREN THAT COME HERE, GREW

                    UP HERE, DON'T KNOW ANYWHERE ELSE OTHER THAN HERE AS THEIR COUNTRY,

                    BUT THIS BILL ISN'T LIMITED TO THOSE KIDS.  THIS BILL, BY ITS LANGUAGE,

                    APPLIES IF YOU CAME HERE AS A 16- OR 17-YEAR-OLD.  IT APPLIES IF ENGLISH

                    IS YOUR SECOND LANGUAGE.  IT APPLIES IF ALL OF YOUR RELATIVES, INCLUDING

                                         58



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    YOUR PARENTS, ARE STILL IN THE HOME COUNTRY.  SINCE 2015, WE'VE HAD

                    100,000 UNACCOMPANIED MINORS FROM OUTSIDE THE UNITED STATES

                    COMING IN.  THESE ARE KIDS THAT WOULD QUALIFY UNDER THIS BILL WHO DON'T

                    COME WITH A PARENT.  AND THIS BILL SAYS, HEY, IF YOU COME UP HERE AS A

                    TEENAGER AND YOUR PARENTS AREN'T CONTRIBUTING ANYTHING IN TAXES

                    BECAUSE THEY'RE STILL AT HOME IN THEIR HOME COUNTRY, WE'LL GIVE YOU FREE

                    TUITION.

                                 NOW, WE KNOW THAT NONE OF THE ILLEGAL IMMIGRANTS

                    CAN LEGALLY WORK IN THE UNITED STATES.  IT'S ILLEGAL TO EMPLOY THEM, IT'S

                    ILLEGAL FOR THEM TO WORK HERE AND, AS A RESULT, THEY DON'T PAY ANY

                    INCOME TAXES.  SO, WHAT ARE WE SAYING TO THE LAWFUL RESIDENTS OF NEW

                    YORK STATE?  YOU KNOW, THE ONES THAT FILL OUT THOSE INCOME TAXES.

                    WE'RE SAYING, YOU PAY INCOME TAXES SO THAT THOSE WHO DON'T PAY ANY

                    INCOME TAX AT ALL CAN GET A FREE RIDE AT YOUR EXPENSE.  BUT WE TAKE IT

                    ONE STEP FURTHER, BECAUSE THE AMOUNT OF AWARD THAT YOU GET UNDER TAP

                    IS BASED ON YOUR PARENTS' REPORTED INCOME BASED ON THE INCOME TAX

                    RETURNS.  THAT'S HOW TAP VERIFIES HOW MUCH YOUR PARENTS MAKE.  BUT

                    IF YOU'RE HERE WORKING ILLEGALLY, THERE IS NO INCOME TAX RETURN WHICH

                    MEANS THAT ILLEGAL IMMIGRANTS WITH PARENTS WHO ARE HERE ILLEGALLY ARE

                    ELIGIBLE FOR THE MAXIMUM AMOUNT OF TUITION ASSISTANCE BECAUSE THEIR

                    PARENTS ARE COMMITTING TAX EVASION.  THINK ABOUT THAT.  IF YOU VIOLATE

                    OUR TAX LAWS, IF YOU DON'T PAY ANY INCOME TAX, IF YOU'RE WORKING

                    ILLEGALLY UNDER THE TABLE, WE'LL GIVE YOUR KIDS THE MAXIMUM TUITION

                    ASSISTANCE THAT WE CAN GIVE YOU.  ON THE OTHER HAND, IF YOU'RE A

                    SUCCESSFUL TEACHER AND YOU'VE BEEN WORKING THERE FOR 20 YEARS AND

                                         59



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    YOU'RE NOW AT THE TOP STEP AND YOU MAKE MORE THAN $100,000, THANK

                    YOU VERY MUCH FOR ALL THOSE INCOME TAXES YOU PAY, YOU GET ZERO

                    BECAUSE YOU'RE NO LONGER ELIGIBLE FOR THE EXCELSIOR AWARD AND YOU'RE

                    NOT ELIGIBLE FOR TAP.  MY FRIENDS, MAYBE WE SHOULD HAVE A SYSTEM

                    WHERE WE REWARD HARD WORK, WHERE WE REWARD TAX COMPLIANCE, WHERE

                    WE RECOGNIZE THAT IF YOU ENGAGE IN ILLEGAL ACTIVITY, WE'RE NOT GOING TO

                    GIVE YOU THOUSANDS AND THOUSANDS OF DOLLARS IN BENEFITS.

                                 NOW HAVING SAID THAT, WE ALL WANT TO SEE KIDS

                    SUCCEED, EVERY ONE OF US.  AND I'M CONFIDENT I SPEAK ON BEHALF OF ALL

                    MY COLLEAGUES, WE ALL WANT TO SEE KIDS SUCCEED.  THE GREAT NEWS IS

                    THIS:  THESE YOUNG KIDS AS THEY'RE GRADUATING FROM HIGH SCHOOL CAN

                    LEGALLY APPLY FOR A STUDENT VISA, AND OUR COUNTRY GIVES OUT ABOUT A

                    LITTLE LESS THAN A MILLION STUDENT VISAS EVERY YEAR.  YES, YOU CAN DO IT

                    LEGALLY AND THAT'S THE APPROACH WE SHOULD TAKE.

                                 NOW, I ENCOURAGE OUR COLLEAGUES ON THE FEDERAL LEVEL

                    TO SOLVE DACA AND I KNOW THERE'S A LOT OF HARDWORKING INDIVIDUALS

                    WHO ARE GIVING IT A LOT OF THOUGHT AND A LOT OF ATTENTION AND I WISH

                    THEM THE VERY BEST, BUT IN THE MEANTIME, WE SHOULDN'T SAY TO THE NEW

                    YORK TAXPAYERS, YOU PAY TAXES, YOUR KIDS GET LESS MONEY; IF YOU VIOLATE

                    YOUR LAWS -- OUR LAWS, YOUR KIDS GET THE MOST.  AND SO, WHILE I

                    APPRECIATE THE SENTIMENT IN HELPING OTHERS, I THINK WE SHOULD FOCUS ON

                    HOW WE CAN HELP THEM THROUGH LEGAL MEANS BECOME LONG-TERM

                    RESIDENTS THAT ARE PAYING INCOME TAXES AND CAN LAWFULLY WORK HERE.

                    THANK YOU, MR. SPEAKER.  AND THANK YOU, MS. DE LA ROSA; THANK YOU

                    FOR YOUR COMMENTS.

                                         60



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  MR. CRESPO.

                                 MR. CRESPO:  MR. SPEAKER, WOULD THE SPONSOR YIELD

                    FOR A QUESTION?

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  SURE.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA

                    YIELDS.

                                 MR. CRESPO:  IN YOUR BEST ESTIMATE, WHAT IS THE

                    COST, THE POTENTIAL COST OF EXPANDING TAP ELIGIBILITY TO THIS NEW

                    POPULATION WHO WOULD BE ELIGIBLE UNDER THE DREAM ACT?

                                 MS. DE LA ROSA:  $27 MILLION.

                                 MR. CRESPO:  ALL RIGHT.  THANK YOU, MS. DE LA

                    ROSA.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    CRESPO.

                                 MR. CRESPO:  MR. SPEAKER, I JUST WANT TO -- I THINK

                    IT'S IMPORTANT FOR THOSE NEW YORKERS WHO MAY BE HEARING THIS DEBATE

                    OR -- OR WHO WANT TO UNDERSTAND WHAT THIS LEGISLATION REALLY IS ABOUT,

                    LET'S CLARIFY SOME THINGS.  I THINK IT'S IMPORTANT, NUMBER ONE, WE'RE NOT

                    TRYING TO SOLVE THE IMMIGRATION DEBATE HERE.  WE'RE NOT TRYING TO

                    ADDRESS ALL THE MANY CIRCUMSTANCES SURROUNDING SO MANY FAMILIES

                    FROM AROUND THE WORLD IMPACTED BY THEIR STATUS AND THEIR RESIDENCE IN

                    NEW YORK STATE.  THIS REALLY IS, AS THE SPONSOR EXPLAINED, AN EDUCATION

                                         61



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    BILL, ONE THAT SAYS THAT IF YOU ARE A NEW YORK RESIDENT AND YOU HAVE

                    BEEN ABLE TO DOCUMENT THAT ONE WAY OR THE OTHER AND ARE ELIGIBLE UNDER

                    ALL THE OTHER CRITERIA THAT YOUR FELLOW CLASSMATES WHO GRADUATED WITH

                    YOU FROM NEW YORK STATE HIGH SCHOOLS MEET, THEN YOU WOULD ALSO BE

                    AFFORDED THAT OPPORTUNITY.  THAT'S REALLY WHAT THIS IS.

                                 BUT THERE ARE -- WHEN YOU DO LOOK AT THIS DEBATE,

                    WHETHER YOU'RE LOOKING AT IT FROM THE IMMIGRATION STANDPOINT OR EVEN

                    THE DREAM ACT, FOR SOME OF US THERE IS A MORAL ARGUMENT TO BE MADE

                    AND THEN THERE'S AN ECONOMIC ARGUMENT.  I REALIZE THAT SPENDING TIME

                    TALKING ABOUT OUR MORAL VIEWS ON THIS MAY NOT BE THE MOST SUFFICIENT

                    USE OF TIME, SO I'LL STICK TO THE ECONOMICS OF IT.

                                 FIRST OF ALL, ACCORDING TO THE INSTITUTE FOR TAXATION AND

                    ECONOMIC POLICY, UNAUTHORIZED IMMIGRANTS IN NEW YORK PAID AN

                    ESTIMATED $662 MILLION IN STATE AND LOCAL TAXES IN 2010.  SOME OF THAT

                    WAS STATE INCOME TAXES PAID THROUGH EIS'S -- EIN'S, I'M SORRY.  SOME

                    ARE THROUGH $94 MILLION IN PROPERTY TAXES, $463 MILLION IN SALES TAXES.

                    WHEN ANY ONE OF US GO TO A GAS STATION, WE'RE NOT ASKED FOR OUR

                    DOCUMENTATION BEFORE WE PUMP GAS AND PAY TAXES ON THAT GAS.  I COULD

                    GO ON AND ON WITH EXAMPLES, BUT YOU GET THE POINT.

                                 I THINK WE HAVE TO RECOGNIZE A REAL ECONOMIC REALITY

                    AND THAT IS THAT IT IS WELL-DOCUMENTED THE ECONOMIC IMPACT AND

                    CONTRIBUTIONS OF IMMIGRANTS ACROSS THIS STATE, ACROSS THIS COUNTRY.  IN

                    NEW YORK ALONE, WE ARE FACING DEFICITS.  WE HAVE CONCERNS ABOUT OUR

                    ECONOMY.  THE FACT OF THE MATTER IS THAT IF YOU WERE TO PULL THE ENTIRE

                    POPULATION RIGHT OUT OF THE STATE MAGICALLY, AS SOME OF THE WHITE

                                         62



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    HOUSE WOULD PROBABLY LIKE TO DO, WE WOULD BE HURTING OUR ECONOMY

                    TO THE POINT THAT WE WOULD NOT SURVIVE AS A STATE.  IF WE'RE HONEST WITH

                    EACH OTHER, THAT'S WHAT IT WOULD BE.  IF WE LOOK AT THE CONTRIBUTIONS OF

                    NON-CITIZEN TAXPAYERS, IT BY FAR EXCEEDS THE POTENTIAL ADDED COST.  AND

                    THIS NOTION -- AND IT'S IMPORTANT FOR NEW YORKERS WHO -- WHO WANT TO

                    UNDERSTAND THIS TO KNOW, WHEN WE TALK ABOUT THE POTENTIAL INCREASE IN

                    -- IN SPENDING ON THIS PROPOSAL, WE'RE TALKING ABOUT POTENTIALLY $25

                    MILLION - IT COULD BE A LOT LESS BECAUSE ALL THE CRITERIA MAY NOT BE MET

                    BY EVERY STUDENT - BUT THAT FUNDING COMPARED TO THE CONTRIBUTIONS AND

                    TAXES PAID IN VARIOUS FORMS BY UNDOCUMENTED IMMIGRANTS MORE THAN

                    PAYS FOR THIS PROGRAM AND FOR THE NEEDS OF CITIZEN STUDENTS ACROSS OUR

                    STATE.

                                 MATTER OF FACT, IF YOU THINK ABOUT THE LANGUAGE USED IN

                    THIS - I COME FROM THE SOUTH BRONX.  OUR COMMUNITY WAS IMPACTED

                    TREMENDOUSLY BY THE CRACK EPIDEMIC.  WE WERE VILIFIED AS A PEOPLE

                    AND AS NEIGHBORHOODS BECAUSE OF THE BURDENS OF SOMETHING THAT WAS

                    PREVALENT IN OUR NEIGHBORHOODS.  AND IN THOSE DAYS - AND WE'VE TALKED

                    ABOUT THIS ISSUE AND I'M GOING TO BRING IT BACK AND MAKE IT RELEVANT TO

                    THIS - BUT IN THOSE DAYS WE CALLED THOSE ADDICTED "JUNKIES,"

                    "CRIMINALS."  THEY WERE THE REASON OUR COUNTRY WAS FAILING IN SO MANY

                    RESPECTS AND WE NEEDED TO JUST GET RID OF THEM FROM OUR SOCIETY.  WE

                    USED THOSE TERMINOLOGIES THEN AND WE FORGOT THAT THEY WERE HUMAN

                    BEINGS WHO NEEDED HELP.

                                 FAST FORWARD TO TODAY, WE HAVE, AGAIN, A NEW RENEWED

                    DEBATE ABOUT ANOTHER EPIDEMIC AFFECTING A LOT OF OTHER INDIVIDUALS, AS

                                         63



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    WELL.  BUT WE DON'T CALL THEM "JUNKIES" ANYMORE.  WE DON'T CALL THEM

                    "CRIMINAL DRUG USERS."  WE CALL THEM WHAT THEY ARE.  THEY ARE PATIENTS

                    WHO NEED MEDICAL CARE AND TREATMENT AND RESPECT AND AN

                    UNDERSTANDING THAT THEY CANNOT CONTROL THE DYNAMICS THAT ARE AFFECTING

                    THEM.  WELL, I WOULD ARGUE THAT INSTEAD OF TELLING A TWO-YEAR OLD WHO'S

                    NOW 18, YOU ARE AN "ILLEGAL" -- I DON'T KNOW HOW A HUMAN BEING IS

                    ILLEGAL -- I WOULD SAY LET'S NOT TALK TO THEM LIKE THAT.  LET'S CALL THEM

                    WHAT THEIR SCHOOLS CALL THEM, WHAT THEIR TEACHERS CALL THEM, WHAT THEIR

                    CLASSMATES CALL THEM, "STUDENTS," "STUDENTS."  THEY HAPPEN TO BE

                    GROWN NOW, BUT LET'S NOT FORGET WHAT THEY ARE.  THEY ARE YOUNG PEOPLE

                    WHO HAD NO CHOICE IN MOST CASES IN ANY OF THIS AND ARE -- AND ARE NOW

                    FINDING THE REALITY.  SOME OF THEM FIND OUT ON GRADUATION DAY, BY THE

                    WAY, THAT'S WHEN THEY'RE TOLD BY THEIR PARENTS THE TRUTH, BY THE WAY, I

                    HATE TO BREAK THIS TO YOU BECAUSE YOU'RE GOING TO APPLY, YOU CAN'T.

                                 WE ARE MAKING AN INVESTMENT AS A STATE BECAUSE THEY

                    HAVE RIGHTS LIKE EVERYONE ELSE, WE RECOGNIZE THAT; THAT IS OUR LAW.  WE

                    INVEST IN THEM K THROUGH 12, WE SUPPORT THEM, WE VIEW THEM AS NEW

                    YORKERS BECAUSE THEY'VE ESTABLISHED RESIDENCY HERE.  AND SO, TO DENY

                    THEM THIS NEXT STEP AND TO MAKE AN ARGUMENT THAT SOMEHOW IT IS TAKING

                    AWAY FROM SOMEONE ELSE AND, I'M SORRY, BUT IN THE LAST FEW BUDGETS, I

                    BELIEVE WE HAVE ALL CHAMPIONED THE FACT THAT WE'VE INCREASED TUITION

                    ASSISTANCE AND WITH EXCELSIOR, WE HAVE MADE IT AVAILABLE TO MORE OF A

                    WORKING MIDDLE-CLASS.  SOME OF US HAD CONCERNS THAT WE WEREN'T

                    ADDRESSING THE OUT-OF-COST NEEDS OR THAT WE WEREN'T OPENING THAT UP TO

                    PART-TIME STUDENTS.  THE MAJORITY OF THESE DREAMERS WOULD NOT TAKE

                                         64



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    ADVANTAGE OF EXCELSIOR BECAUSE THE FACT IS THEY DON'T HAVE THE

                    ECONOMIC MEANS TO GO TO SCHOOL FULL-TIME.  MANY OF THEM WORK THREE

                    JOBS TO PAY TUITION.

                                 SO, LET'S GIVE NEW YORKERS A REAL UNDERSTANDING OF

                    WHAT IT IS THAT WE'RE TRYING TO ACCOMPLISH HERE.  WE'RE NOT HERE TO

                    ADDRESS THE BIG IMMIGRATION.  I AGREE WITH MANY OF MY COLLEAGUES THAT

                    -- THAT WE HOPE WASHINGTON DOES THE RIGHT THING, BUT LET'S NOT BE

                    DISINGENUOUS IN THE NUMBERS.  THE REALITY IS THAT UNDOCUMENTED

                    WORKERS PAY MORE IN STATE TAXES THAN SOME OF OUR BIGGEST CORPORATIONS

                    OR THE PRESIDENT OF THE UNITED STATES WHO'S A NEW YORKER, TOO, AND WE

                    REALLY CAN'T TELL WHAT IT IS THAT HE CONTRIBUTED.  BUT WE KNOW WHAT THE

                    NUMBERS ARE FOR INDIVIDUALS WHO ARE NOT LEGAL RESIDENTS.

                                 SO, I WOULD ENCOURAGE FOLKS WHEN THEY THINK ABOUT

                    THIS, LET'S NOT USE TERMINOLOGY THAT IS -- ATTEMPTS TO DEMEAN.  LET'S

                    ADDRESS IT WITH WHAT THEY ARE, THESE ARE STUDENTS.  WE'RE TALKING ABOUT

                    AN EDUCATION PROGRAM.  WE'RE TALKING ABOUT EXPANDING THE SAME

                    OPPORTUNITIES THAT WE HAVE NOW EXPANDED FOR SO MANY OTHERS, NOT JUST

                    THOSE IN NEED.  WE'VE EXPANDED THEM FOR A LARGER CATEGORY OF INCOMES

                    BECAUSE WE RECOGNIZE IT IS DIFFICULT FOR EVERYONE.  SO, IF YOU TRULY

                    BELIEVE THAT EVERY NEW YORKER SHOULD HAVE EVERY MEANS TO GET TO A

                    COLLEGE EDUCATION, LET'S LINK -- LET'S NOT LOOK AT THEM AS SOMETHING

                    OUTSIDE OF THIS, YOU KNOW, THE REALITY OF WHO WE ARE AS A STATE, AND

                    LET'S BE HONEST ABOUT WHAT OUR HISTORY IS.  LET'S BE HONEST ABOUT WHAT

                    THIS COUNTRY WAS FOUNDED ON.  LET'S BE HONEST ABOUT WHAT WE'RE TRYING

                    TO ACCOMPLISH.  THEY ALONE AMONGST THEIR COMMUNITIES WITH THE

                                         65



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    BUSINESSES THEY OPEN AND THE JOBS THEY CREATE DESERVE BETTER AND WE

                    NEED TO RECOGNIZE THEIR CONTRIBUTIONS IN AN HONEST WAY.

                                 AND, LASTLY, BECAUSE I REALLY THINK IT'S IMPORTANT THAT

                    WHEN WE REFER -- USE THE RIGHT TERMINOLOGY OUT OF RESPECT TO ALL

                    COMMUNITIES.  WHEN WE SAY "ILLEGALS," AGAIN, YOU KNOW, I DON'T CALL A

                    PERSON WHO IS ADDICTED A CRIMINAL.  I CALL THEM A VICTIM OF THAT

                    ADDICTION.  WHEN I SEE A BUSINESSOWNER WHO HIRES SOMEBODY WHO'S

                    UNDOCUMENTED, BECAUSE IN MANY CASES FARMERS HAVE A HARD TIME IN

                    THAT SEASON, THEY GOT TO GET THAT JOB DONE.  THEY WOULD LOVE TO HAVE

                    VISA WORKERS, BUT SOMETIMES THAT'S NOT AVAILABLE TO THEM AND IF THEY

                    HIRED THAT HAND, LIKE THE PRESIDENT'S OWN CONSTRUCTION COMPANY HIRED

                    UNDOCUMENTED WORKERS.  THAT WAS WELL-DOCUMENTED.  SO, THIS

                    PRACTICE, WE HAVE THIS IDEA THAT SOMEHOW THIS IS WHAT THEY DO, BUT NOT

                    WHAT WE DO.  WE DON'T CALL THAT FARMER AN ILLEGAL FARMER BECAUSE HE

                    HIRED AN UNDOCUMENTED WORKER.  WE CALL HIM A FARMER WHO WANTS TO

                    MAKE SURE THAT FARM STAYS OPEN, OR -- OR A BUSINESS OWNER.

                                 SO LET'S JUST -- LET'S JUST BE HONEST IN OUR EXCHANGE AND

                    LET'S BE HONEST WITH THE LANGUAGE AND FACT OF THE MATTER IS THAT THIS BILL

                    IS AN EDUCATION BILL.  WE'VE DONE THIS FOR MORE AND MORE NEW YORKERS

                    YEAR AFTER YEAR.  LET'S NOT LEAVE OUT THESE CHILDREN THAT WE HAVE ALREADY

                    INVESTED IN WHO OFFER SO MUCH PROMISE WITH THEIR INTELLECTUAL CAPITAL.

                    IF YOU DON'T BUY MY MORALITY ARGUMENT, AT LEAST BUY THIS:  IT MAKES

                    ECONOMIC SENSE FOR OUR STATE TO NOT IGNORE THEIR CONTRIBUTIONS, WHAT

                    THEY OFFER, WHAT THEY BRING, WHAT THEY CONTRIBUTE AND HOW WE MOVE

                    FORWARD.  WE CANNOT BE A GLOBAL ECONOMIC ENGINE IF WE DENY THE -- THE

                                         66



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    -- THE -- OPPORTUNITIES AND THE VISION AND THE EXPERIENCES THAT THEY

                    BRING.  IN SPANISH, WE SAY, "LA NECESIDAD ES LA MADRE DE LOS

                    INVENTOS"; NECESSITY IS THE MOTHER OF INVENTIONS.  WELL, TRUST ME, WHEN

                    SOMEBODY HAS SUFFERED, THEY HAVE MORE TO GIVE BECAUSE THEY KNOW

                    WHAT IT TAKES TO GET TO WHERE THEY ARE.  SO, PLEASE, LET'S BE RESPONSIBLE

                    IN HOW WE TALK ABOUT THIS ISSUE AND WHO WE'RE TALKING ABOUT WITH THIS

                    BILL.  THESE ARE DREAMERS.  THESE ARE NEW YORKERS.  THEY GO TO OUR

                    SCHOOLS, WE KNOW THIS.  SO, LET'S NOT SAY THAT IN ONE HAND AND THEN TURN

                    AROUND AND TRY BACK-HANDED LANGUAGE THAT IS MEANT TO OFFEND.

                                 AND LASTLY, AS I CLOSE, BECAUSE I WILL SUPPORT THIS BILL,

                    LET'S BE CAREFUL WHERE WE GET OUR DATA FROM BECAUSE ONE OF THE

                    ORGANIZATIONS MENTIONED HERE TODAY, THE FEDERATION OF AMERICAN

                    IMMIGRANT REFORM, IS ACTUALLY CLASSIFIED AS A HATE GROUP FOUNDED BY AN

                    AVOWED WHITE SUPREMACIST.  SO, LET'S BE CAREFUL WHERE WE GET OUR DATA

                    FROM.  IF YOU WANT TO LEARN MORE ABOUT THIS, I'D BE MORE THAN HAPPY TO

                    TALK TO 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.)

                                 TO EXPLAIN HIS VOTE, MR. BARRON.

                                 MR. BARRON:  THANK YOU, MR. SPEAKER.  YOU

                    KNOW, I ALWAYS FIND IT INTERESTING WHEN IT COMES TO THE DREAM ACT,

                    WHO ARE THESE DREAMERS?  THEY'RE AFRICAN PEOPLE WHO CAME HERE

                                         67



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    LOOKING FOR A WAY AND RAN INTO A NIGHTMARE.  WHO ARE THESE

                    DREAMERS?  THEY'RE LATINO.  THEY'RE FROM THE CARIBBEAN, THEY'RE

                    HAITIAN, AND THEY'VE COME HERE AND ONLY RUN INTO A NIGHTMARE.  LET'S

                    NOT FORGET THE HISTORY OF THIS COUNTRY.  WHEN THE WHITE, EUROPEAN

                    IMMIGRANTS CAME IT WAS A DIFFERENT ATTITUDE.  YES, THERE WAS

                    DISCRIMINATION, BUT BECAUSE OF THEIR RACE, THEY HAD ACCESS TO SOCIAL AND

                    ECONOMIC MOBILITY QUICKER THAN AFRICAN PEOPLE WHO WERE ALREADY HERE

                    ENSLAVED, BUILDING THIS NATION.  SO, LET'S NOT FORGET THAT PAST.

                                 WE'RE TALKING ABOUT $27 MILLION.  AS WE WOULD SAY IN

                    THE NEIGHBORHOOD, CHUMP CHANGE; OUT OF A $168 BILLION BUDGET, WE'RE

                    TALKING ABOUT $27 MILLION.  WHY WAS ALL OF THIS DEEP RESEARCH,

                    INTELLECTUAL "GOOGLY GOG" OVER $27 MILLION?  AND THAT'S WHY I THINK

                    THIS IS RACIST.  WHEN THE COMPLEXION OF IMMIGRATION CHANGED, THE

                    RESISTANCE, THE RESISTANCE TO MAKING THOSE WHO HAVE COME HERE TO BE A

                    PART OF THIS SYSTEM, THE RESISTANCE TO THAT MULTIPLIED.  I HEARD ONE

                    PERSON SAY THAT NO ONE IS ABOVE THE LAW AND HE HAD THE NERVE TO

                    MENTION THE PRESIDENT.  THAT'S A JOKE.  NO ONE'S ABOVE THE LAW.  WHERE

                    HAVE YOU BEEN?  I VOTE YES ON THIS.

                                 ACTING SPEAKER AUBRY:  MS. HOOPER.

                                 MS. HOOPER:  THANK YOU, MR. SPEAKER, I RISE TO

                    EXPLAIN MY VOTE.  ALTHOUGH I HAVE SPOKEN ON THIS FLOOR REGARDING THIS

                    ISSUE MANY TIMES, THERE ARE SOME OF MY COLLEAGUES WHO DO NOT KNOW

                    MY POSITION ON THIS ISSUE, SO I TAKE THIS TIME TO RECAP.  WE ARE ALL

                    DREAMERS; I BELIEVE IN DREAMS.  SO, I IMPLORE ALL MY COLLEAGUES, ALL

                    MY COLLEAGUES TO SUPPORT ALL DREAMERS, EVEN THE DISPLACED HAITIANS

                                         68



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    WHO WERE BORN IN THE DOMINICAN REPUBLIC AND DRIVEN OUT OF THEIR --

                    THE ONLY HOME THEY EVER KNEW, THEY DO MATTER, AND THEY HAVE A DREAM,

                    TOO.  SO, FOR (INAUDIBLE); THUS, I CAST MY VOTE YES FOR ALL THE

                    DREAMERS.

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  THANK YOU, MR. SPEAKER.

                    ONCE AGAIN, THE PRIORITIES OF OUR GOVERNOR AND MY COLLEAGUES ON THE

                    OTHER SIDE OF THE AISLE ARE MISPLACED WHEN THEY'RE, ONCE AGAIN,

                    BRINGING FORTH LEGISLATION THAT WOULD PUT THE INTERESTS OF INDIVIDUALS

                    WHO ARE IN OUR NATION AND IN OUR STATE UNLAWFULLY BEFORE THE VERY

                    CITIZENS THAT WERE -- WE'RE ELECTED BY TO FIGHT FOR THEIR INTERESTS.  ONCE

                    AGAIN, WE'RE HAVING A DISCUSSION AT A TIME WHEN THE GOVERNOR'S SAYING

                    WE HAVE A $4 BILLION DEFICIT THAT WE DON'T HAVE FUNDS, THAT WE HAVE TO

                    NOW FIND OUT HOW WE'RE GOING TO BALANCE THIS YEAR'S BUDGET, BUT, YET,

                    THIS BILL COMES BEFORE US ONCE AGAIN AND WE STILL HAVE NOT ADDRESSED --

                    IF WE DID HAVE THE MONEY, THE FIRST THING WE SHOULD BE ADDRESSING IS

                    THE FACT THAT WE HAVE NOT YET INCREASED THE HOUSEHOLD INCOME

                    ELIGIBILITY FOR OUR TUITION ASSISTANCE STUDENTS; THAT IS STILL AT A CAP OF

                    $80,000.  IT HAS NOT BEEN INCREASED SINCE THE YEAR 2000.  AND SO, WHEN

                    WE TALK ABOUT ALL DREAMERS, I THINK WE NEED TO TALK ABOUT INDIVIDUALS

                    WHO ARE IN THIS COUNTRY LAWFULLY, AS WELL AS CITIZENS WHO DO NOT QUALIFY

                    AND THAT HASN'T -- HAVE NOT BEEN ELIGIBLE FOR NOW FOR 18 YEARS.

                                 THE GOVERNOR'S EXCELSIOR SCHOLARSHIP PROGRAM,

                    WHICH DID INCREASE THAT THRESHOLD TO $125,000, THAT IS A SEPARATE

                    DISCUSSION, BUT DOESN'T TAKE AWAY FROM THE FACT THAT IF A STUDENT WANTS

                                         69



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    TO GO TO A PRIVATE UNIVERSITY THAT THEY DON'T QUALIFY ANYMORE.  GRADUATE

                    STUDENTS.  UNDER THE LAST FISCAL DEFICIT WE HAD, 2010, THE GRADUATE

                    STUDENT TUITION ASSISTANCE PROGRAM WAS ALSO ELIMINATED.  AND SO, THAT

                    SHOULD ALSO BE A PRIORITY OF THIS HOUSE.

                                 SO, I WILL, ONCE AGAIN, BE VOTING AGAINST THIS

                    LEGISLATION.  I THINK THAT WE REALLY NEED TO HAVE A DISCUSSION ABOUT HOW

                    WE'RE GOING TO HELP THE CITIZENS AND LEGAL RESIDENTS OF THIS STATE WHO

                    DO NOT QUALIFY FOR THE TUITION ASSISTANCE PROGRAM.  AND I WILL WORK

                    WITH MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO ADVOCATE THAT

                    WASHINGTON FIX WHAT HAS BEEN A BROKEN SYSTEM.  I'VE SAID THAT

                    REPEATEDLY.  WE SHOULDN'T BE LOOKING TO CIRCUMVENT THE LAW AND

                    PROVIDING A BENEFIT TO INDIVIDUALS WHO ARE HERE UNLAWFULLY.

                                 ACTING SPEAKER AUBRY:  MRS. ARROYO.

                                 MRS. ARROYO:  THANK YOU, MR. SPEAKER.  I WILL BE

                    VOTING YES IN THIS BILL BECAUSE WE HAVE TO BE PROUD OF THIS GENERATION

                    OF YOUNG PEOPLE THAT WERE BROUGHT HERE NOT BY THEMSELVES, BY

                    SOMEBODY ELSE.  AND THEY HAVE BEEN SERIOUSLY ATTENDING SCHOOL,

                    PREPARING THEMSELVES TO TAKE CARE OF THIS NATION AND TO BE THE WORKERS

                    THAT THIS SOCIETY NEED.  WE HAVE TO HAVE IN CONSIDERATION THE EFFORTS

                    THAT THEY ARE MAKING AND THEY HAVE MADE TO COMPLETE A HIGH SCHOOL

                    DIPLOMA.  IT'S NOT AN EASY TASK.  IT'S NOT AN EASY GAME.  WE CAN SPEAK

                    ABOUT 1,000 OTHER THINGS HERE, BUT I'M PROUD OF THEM.  I WOULD LIKE TO

                    SUPPORT THEM AND I WOULD LIKE TO SEE THAT PROBABLY OUR PRESIDENT

                    SURPRISE US NEXT WEEK AND VOTE FOR THE ACT THAT WILL GIVE THEM THE

                    OPPORTUNITY IN GENERAL TERMS.  THANK YOU VERY MUCH.

                                         70



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    ARROYO.

                                 MR. ORTIZ.

                                 MR. ORTIZ:  THANK YOU, MR. SPEAKER.  FIRST OF ALL,

                    LET ME THANK THE SPEAKER FOR TAKING A PROACTIVE STEP TO BRING THIS BILL IN

                    FRONT OF US IN A MOMENT WHERE WE ARE IN THE PROCESS OF NEGOTIATING THE

                    BUDGET.  I ALSO WOULD LIKE TO THANK ASSEMBLYWOMAN DE LA ROSA FOR

                    THE JOB WELL DONE IN PRESENTING THIS PARTICULAR BILL IN THIS CHAMBER

                    TODAY.

                                 LET ME JUST SAY A COUPLE OF THINGS:  NUMBER ONE,

                    EIGHT YEARS AGO I STOOD HERE TALKING ABOUT A DIFFERENT STATE, WHERE THE

                    CONFIGURATION OF THE STATE HAPPENED TO BE A REPUBLICAN GOVERNOR,

                    REPUBLICAN HOUSE AND REPUBLICAN STATE SENATE.  SOME OF THE STATES,

                    SUCH AS TEXAS, UTAH, RECENTLY THE STATE OF FLORIDA; THESE THREE STATES

                    PASSED THE DREAM ACT.  THE GOVERNOR WHO WAS REPUBLICAN DECIDED

                    TO STEP TO THE PLATE AND GIVE THESE DREAMERS THE OPPORTUNITY IN THEIR

                    RESPECTIVE STATE WHAT THEY DESERVE.  EIGHT YEARS LATER, WE'RE STILL ON THE

                    SAME DEBATE IN THE STATE OF NEW YORK.

                                 SO, I HOPE THAT WE WILL BE ABLE, WE WILL BE ABLE TO SEE

                    THE LIGHT AT THE END OF THE TUNNEL WHERE NOT ONLY THESE THREE STATES, BUT

                    YOU HAVE THE STATE OF CALIFORNIA PLUS THE STATE OF NEW MEXICO UNDER A

                    REPUBLICAN GOVERNOR WHO ALSO HAS PASSED THE DREAM ACT.  AND

                    WHERE WE TALK ABOUT WHAT DREAMERS BRING, WELL, THE DREAMERS

                    BRING A VERY IMPORTANT GENERAL GROWTH BESIDE BRINGING THEIR OWN

                    PERSONA INTO OUR CULTURE, OUR CUSTOM AND OUR COMMUNITY.  THE STATE OF

                                         71



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    CALIFORNIA GENERATES CLOSE TO $7.2 BILLION AS A RESULT OF GIVING THE

                    OPPORTUNITY TO ITS DREAMERS TO TAKE STEPS IN THEIR RESPECTIVE STATE.

                    THE STATE OF TEXAS BRINGS CLOSE TO $11.4 BILLION AS A RESULT OF GIVING

                    THESE DREAMERS THE OPPORTUNITY TO BE REAL WORKERS IN THEIR STATE.

                                 SO, MR. SPEAKER, I ENCOURAGE MY COURAGE -- I

                    ENCOURAGE MY -- MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE AND,

                    THEREFORE, I WITHDRAW MY VOTE ON THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 WE ARE LIMITED TO TWO MINUTES, LADIES AND GENTLEMEN.

                    PLEASE TRY AND HOLD YOUR REMARKS TO THAT TIME.

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  I LISTENED TO

                    THE DEBATE AND WOULD LIKE TO JUST POINT OUT THAT FOR MANY, IF NOT MOST,

                    OF THESE YOUNGSTERS, THIS IS THEIR HOME COUNTRY.  THEY CAME HERE AS

                    YOUNGSTERS BROUGHT BY THEIR PARENTS.  THIS IS THE NATION THEY KNOW.

                    THIS IS THE COUNTRY TO WHICH THEY ARE COMMITTED.  THIS IS THE STATE TO

                    WHICH MANY OF THEM ARE COMMITTED.  THEY HAVE -- WE HAVE INVESTED IN

                    THEM BY EDUCATING THEM IN THE K THROUGH 12 SYSTEM BY LAW AND IT IS

                    IMPORTANT THAT WE NOT LOSE THAT INVESTMENT, BUT RATHER ENSURE THAT THOSE

                    THAT WE HAVE PROVIDED WITH AN EXCELLENT EDUCATION AND WHO

                    DEMONSTRATE THAT THEY HAVE THE CAPACITY TO DO COLLEGE LEVEL WORK NOT

                    BE BARRED FROM HAVING THAT OPPORTUNITY SIMPLY BECAUSE THEY DON'T HAVE

                    THE FINANCIAL WHEREWITHAL.  THE NOTION THAT THEIR PARENTS MAY NOT BE

                    PAYING TAXES OR THEY MAY BE MAKING PLENTY OF MONEY, THE REALITY - AND

                    WE ALL KNOW THE REALITY - IS THAT UNDOCUMENTED PEOPLE IN THIS STATE ARE

                                         72



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    ROUTINELY EXPLOITED BECAUSE THEY'RE UNDOCUMENTED.  THERE'S WAGE

                    THEFT.  THERE IS A LACK OF COMMITMENT TO MINIMUM WAGE BECAUSE THEY

                    CANNOT COMPLAIN.

                                 LAST WEEK, PEOPLE IN THIS CHAMBER, WHEN WE SPOKE

                    ON CERTAIN RESOLUTIONS, TRIED TO DISTANCE THEMSELVES FROM THE

                    DISCUSSIONS IN WASHINGTON AND, YET, TODAY, HERE WE ARE FINDING PEOPLE

                    EMBRACING THE SAME NEGATIVE TERMINOLOGY THAT IS INTENDED TO NOT JUST

                    BE PERNICIOUSLY DEGRADING, BUT ACTUALLY DEHUMANIZING.  AND THAT, TO

                    ME, COMING FROM A FAMILY THAT EXPERIENCED THE -- THE ISSUES OF THE

                    HOLOCAUST CERTAINLY FIND THAT DEHUMANIZATION INAPPROPRIATE.  I

                    WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE VERY QUICKLY IN TWO

                    MINUTES.  FIRST, I WANT TO HONOR MS. DE LA ROSA FOR HER ABILITY TO

                    DEBATE THIS ISSUE AND HANDLE I THINK WHAT WERE SOME VERY VALID

                    QUESTIONS THAT WERE RAISED, AND I THINK THERE WERE ALSO A LOT OF HORRIBLY

                    INSENSITIVE SEPARATIST RHETORIC MENTIONED THAT WASN'T NECESSARY IN THIS

                    DEBATE.  BUT, IT IS KIND OF THE THING THAT COMES UP WHENEVER YOU'RE

                    TALKING ABOUT ISSUES AS IT RELATES TO BLACK AND BROWN PEOPLE.  IT'S

                    DISCOURAGING THAT WE'RE HERE IN 2018 AND STILL ALWAYS WANT TO GO BACK

                    TO REFERRING TO CRIMINALS AND ILLEGAL ACTIVITY WHEN YOU'RE TALKING ABOUT

                    BLACK OR BROWN PEOPLE.

                                 BUT I WILL SAY THIS, MR. SPEAKER, THOSE STATES IN THIS

                                         73



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    COUNTRY WHO HAVE REALIZED THE VALUE IN EDUCATING THEIR DREAMERS

                    WILL GET A RETURN ON THEIR INVESTMENT BECAUSE WHEN PEOPLE WORK,

                    PEOPLE PAY TAXES AND, QUITE FRANKLY, WE ALL KNOW, THERE'S PLENTY OF

                    STUDIES OUT THERE THAT SAY IF YOU'RE NOT EDUCATED, YOU CAN HARDLY EVEN

                    WORK IN AMERICA ANYMORE.  YOU NEED TO HAVE AN EDUCATION.  YOU NEED

                    TO HAVE A HIGHER EDUCATION.  SO, WHY WOULD WE WANT TO HAVE PEOPLE IN

                    OUR COUNTRY WHO DON'T HAVE THE ABILITY TO CONTRIBUTE TO OUR ECONOMY.  I

                    DON'T THINK WE SHOULD AND I THINK WE SHOULD BE MOTIVATED BY THE FACT

                    THAT THERE WILL BE A RETURN ON OUR $27 MILLION INVESTMENT WHEN PEOPLE

                    ARE EDUCATED AND WORKING IN PROFESSIONAL JOBS THAT GIVE THEM THE

                    ABILITY TO PAY HIGHER TAXES.

                                 WITH THAT, MR. SPEAKER, I REMOVE MY REQUEST AND VOTE

                    IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. SOLAGES.

                                 MS. SOLAGES:  I'D LIKE TO EXPLAIN MY VOTE.  THANK

                    YOU, MR. SPEAKER.  AND ALSO, I'D LIKE TO THANK THE SPONSOR OF THIS BILL.

                    SHE WAS VERY CALM AND COOL WHILE DEBATING, AND SO I COMMEND HER

                    AND I THANK HER FOR HER LEADERSHIP ON THIS INITIATIVE AND ISSUE.  WE'RE

                    FROM NEW YORK, THE GREAT EMPIRE STATE.  AND IN OUR HARBOR, WE HAVE

                    A LADY WHO STANDS THERE THAT SAYS, "GIVE ME YOUR TIRED, YOUR POOR, YOUR

                    HUDDLED MASSES YEARNING TO BE FREE."  FREE, LOOKING FOR OPPORTUNITY.

                    THIS, TO ME, IS NOT A HANDOUT.  THIS IS UPLIFTING OUR COMMUNITIES.  THIS

                    IS UPLIFTING STUDENTS, STUDENT THAT WE INVESTED ALREADY, LIFTING UP --

                    LIFTING THEM UP SO WE CAN LIFT UP OTHERS.  LET'S GIVE THESE CHILDREN AN

                                         74



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    OPPORTUNITY TO GROW, BECAUSE WE KNOW THAT THEY CAN BE GREAT NEW

                    YORKERS.  AND THAT'S WHAT WE ARE, NEW YORKERS.  WE WATCH EACH

                    OTHERS' BACKS.  WE DON'T ASK WHAT YOUR IMMIGRATION STATUS IS OR IF

                    YOU'RE BLACK OR WHITE OR ETHNICITY.  WE DON'T ASK ANY OF THAT.  WE JUST

                    SAY, YOU'RE A NEW YORKER, I GOT YOUR BACK.  SO LET'S GET THESE -- LET'S

                    GET THESE STUDENTS AND LET'S GET THEM -- AND LET'S HAVE THEM AND SUPPORT

                    THEM.  AND SO, I VOTE IN THE AFFIRMATIVE OF -- OF THIS BILL.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PICHARDO.

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

                    ALLOWING ME TO ABSTAIN AND EXPLAIN MY VOTE.  FIRST AND FOREMOST, I

                    WANT TO DISPEL TWO MYTHS THAT HAVE BEEN MENTIONED IN THIS CHAMBER.

                    FIRST AND FOREMOST, IT IS NOT A HANDOUT.  THIS IS AN INVESTMENT INTO YOUR

                    FUTURE.  YOU'RE EXPECTED TO RETURN THAT INVESTMENT.  SO, IT'S NOT A

                    HANDOUT.  PEOPLE AREN'T GETTING ANYTHING FOR FREE.  AND, SECONDLY, THIS

                    NONSENSE ABOUT THIS BEING A ZERO SUM GAME, WHERE IF DREAMERS WIN,

                    U.S. CITIZENS LOSE, WE NEED TO STOP THAT NONSENSE.  THAT'S WHAT'S

                    CAUSING A LOT OF HEARTACHE, A LOT OF SEPARATION, A LOT OF DIVISIONS

                    AMONGST AMERICANS IN THIS COUNTRY.  AND WE KNOW WHERE IT'S COMING

                    FROM, BUT ULTIMATELY WE NEED TO SAY, FIRST AND FOREMOST, THIS MAKES

                    ECONOMIC SENSE AND IT'S NOT ANYONE'S NOT GETTING ANYTHING FOR FREE.

                    YOU HAVE TO WORK FOR IT, YOU GOT TO EARN IT.  THIS IS WHAT THE -- THE

                    ABILITY AND WHAT WE BELIEVE AS AMERICANS IN TERMS OF GETTING THE

                    AMERICAN DREAM.  YOU NEED TO WORK FOR IT.  SO IT'S NOT A HANDOUT.

                                 AND, SECONDLY, IF WE HELP DREAMERS, THAT DOES NOT

                                         75



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    MEAN THAT U.S. CITIZENS WILL LOSE.  $168 BILLION BUDGET, $27 MILLION

                    INVESTMENT WHERE WE'RE GOING TO SEE A RETURN, I -- AS FAR AS I'M

                    CONCERNED, MR. SPEAKER, THAT IS NOT A HANDOUT, THAT IS AN INVESTMENT.

                    AND WITH THAT, I WITHDRAW MY REQUEST AND I WILL VOTE IN THE AFFIRMATIVE

                    AND I -- AND I HOPE MY COLLEAGUES WILL DO THE SAME.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SEPULVEDA.

                                 MR. SEPULVEDA:  THANK YOU, MR. SPEAKER.  SO,

                    SOME OF THE WORDS I'VE HEARD TODAY TO DESCRIBE THESE DREAMERS:

                    ILLEGALS, "THEY WANT HANDOUTS, THEY WANT SPONGES.  AND I WONDER IF WE

                    WOULD BE USING THE SAME TERMINOLOGY IF THESE DREAMERS WERE FROM

                    NORWAY.  I WONDER THE TERMINOLOGY WE USE, WHEN YOU CONSIDER THE TAX

                    BREAK THAT THE FEDERAL GOVERNMENT RECENTLY GAVE TO CORPORATIONS, THAT

                    IS A -- THAT IS SPONGING.  THAT IS A MAJOR TAX HAND -- GIVEAWAY TO PEOPLE

                    WHO DON'T NEED IT.  THESE DREAMERS ARE ASKING, WE'RE ASKING FOR $27

                    MILLION, A PITTANCE WHEN YOU CONSIDER OUR BUDGET.

                                 NOW, WHEN I HEAR THE WORDS "ILLEGAL", I FIND THAT

                    HIGHLY OFFENSIVE.  AND I'M HEARING IT FROM PEOPLE WHO HAVE, ON

                    OCCASION, GONE TO BIBLE STUDY CLASSES WITH ME, AND HAVE BEEN TOLD THAT

                    THIS IS NOT THE WAY AMERICAN IS, THIS IS NOT GODLY FOR THEM TO DESCRIBE

                    INDIVIDUALS AS ILLEGAL.  AND TO HEAR THEM USING THAT TERM HERE IS

                    DISHEARTENING.  THESE AREN'T HANDOUTS, THIS IS A WONDERFUL INVESTMENT.

                    LOOK AT THE CITY ALONE, DREAMERS -- DREAMERS CONTRIBUTE $7.33

                    BILLION TO THE CITY'S GDP ALONE IN 2016.  GIVEN LEGAL STATUS, THEY

                    WOULD PROBABLY CONTRIBUTE ANOTHER $8.6 BILLION TO THE CITY.  AND THEY

                                         76



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    CONTRIBUTE $115 MILLION TO THE STATE COFFERS.  SO, WHEN YOU CONSIDER

                    $27 MILLION VERSUS $150 MILLION, WHO IS GETTING SHORTCHANGED HERE?

                    WHO IS BEING EXPLOITED HERE?

                                 DREAMERS ARE THE BEST OF THE BEST.  THESE ARE

                    INDIVIDUALS THAT ARE GETTING EDUCATED.  THESE ARE INDIVIDUALS THAT HAVE

                    NO CRIMINAL RECORD.  THESE ARE INDIVIDUALS THAT WE SHOULD EMBRACE AND

                    THAT WE SHOULD MAKE THEIR PATH TO GETTING AN EDUCATION, THEIR PATH TO

                    CITIZENSHIP A PRIORITY IN THIS COUNTRY.  THEY WILL CONTRIBUTE MIGHTILY TO

                    THIS COUNTRY BECAUSE THEY ALREADY HAVE.  SO, PLEASE, LET'S NOT USE

                    ECONOMIC ARGUMENTS TO JUSTIFY WHAT IS INHERENTLY A RACIST POLICY.  LET'S

                    NOT USE TERMS LIKE "ILLEGALS" TO DESCRIBE PEOPLE, CHILDREN, STUDENTS.

                    LET'S BE HUMAN ABOUT THIS.  LET'S BE HUMAN ABOUT THIS.  AND AS A RESULT,

                    I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. NIOU.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER.  I ALSO WANT TO

                    COMMEND THE SPONSOR FOR HER WORDS, AND ALSO TO MY COLLEAGUES,

                    ASSEMBLYMEMBER CRESPO FOR HIS.  THE DREAM ACT IS MORE THAN

                    LEGISLATION TO ME.  I AM AN IMMIGRANT.  I AM THE PROUD DAUGHTER OF TWO

                    IMMIGRANTS.  MY PARENTS CAME TO THIS COUNTRY IN PURSUIT OF THEIR HIGHER

                    EDUCATION.  THEY BROUGHT ME WITH THEM WHEN I WAS ONLY SIX MONTHS

                    OLD AND I WAS TAUGHT THE VALUE OF EDUCATION AND THE VALUE OF

                    OPPORTUNITY FROM A VERY YOUNG AGE.  I WATCHED MY PARENTS STRUGGLE

                    AND STRIVE AND SUCCEED AND STRUGGLE AND STRIVE AND SUCCEED OVER AND

                    OVER AGAIN, ALWAYS TRYING TO PROVIDE EVEN MORE OPPORTUNITY FOR ME AND

                                         77



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    MY SIBLINGS.  EDUCATION GIVES US AN UNPRECEDENTED OPPORTUNITY TO

                    REACH OUR GOALS AND TO FULFILL OUR ASPIRATIONS.  SO MANY OF OUR

                    DREAMERS HAVE THE POTENTIAL TO ELEVATE OUR SOCIETY AS A WHOLE AND

                    WHEN WE DENY THEM ACCESS TO EDUCATION, WE ARE THROWING AWAY AN

                    INVALUABLE INVESTMENT THAT WE HAVE ALREADY MADE.

                                 I HAD THE PRIVILEGE OF MEETING THE ORIGINAL DREAMER.

                    HER NAME IS TEREZA LEE, A YOUNG ASIAN-AMERICAN WOMAN WHO IS AN

                    INCREDIBLE PIANIST, A YOUNG PRODIGY THAT WAS PERFORMING WITH THE

                    CHICAGO SYMPHONY BY AGE 16.  PEOPLE ALL AROUND THE COUNTRY PAID TO

                    WATCH HER PERFORM, BUT SHE WAS AFRAID OF GETTING DEPORTED EVERY SINGLE

                    DAY.  DO WE REALLY WANT THESE BRIGHT YOUNG MINDS TO HAVE TO RETREAT TO

                    THE SHADOWS OR LIVE IN THE MARGINS OF SOCIETY?  WE TELL OUR KIDS THAT

                    EDUCATION IS IMPORTANT; THAT IF THEY STAY IN SCHOOL, WORK HARD, THAT THEY

                    CAN ACHIEVE WHATEVER THEY SET OUT TO DO.  WHEN WE FIGHT FOR THEM, WE

                    ARE ACTUALLY GIVING THEM THE HOPE THAT THIS IS TRUE.

                                 I REPRESENT THE GATEWAY TO AMERICA.  MY DISTRICT

                    OVERLOOKS THE STATUE OF LIBERTY THAT MICKEY (PHONETIC) WAS TALKING

                    ABOUT.  SHE RECITED A LITTLE BIT OF THAT POEM AND AT THE END OF THAT POEM

                    IT SAYS THIS:  "SEND THESE, THE HOMELESS, TEMPEST-TOST TO ME, I LIFT MY

                    LAMP BESIDE THE GOLDEN DOOR!"  THESE WORDS ARE A REMINDER THAT OUR

                    IMMIGRANTS AND THEIR CHILDREN ARE EMBRACED HERE; THAT THEY HAVE A

                    FUTURE HERE IN OUR STATE AND THAT OUR DREAMERS ARE HERE TO STAY; THAT

                    THEY ARE AMERICAN AND THAT WE ARE, UNLESS NATIVE, WE ARE ALL

                    IMMIGRANTS.  AND WITH THAT, I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU SO MUCH.

                                         78



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. CASTORINA.

                                 MR. CASTORINA:  I HADN'T ORIGINALLY PLANNED ON

                    SPEAKING ON THIS BILL TODAY, BUT SO MUCH OF WHAT I'VE HEARD - THROWING

                    AROUND THE TERM "RACIST", YOU KNOW, WHEN YOU DON'T DIS -- WHEN YOU

                    DISAGREE WITH SOMEBODY, YOU DON'T GET THE RIGHT TO TURN AROUND AND CALL

                    THEM A RACIST.  IT'S JUST -- IT'S JUST UNFAIR AND IT REALLY TAKES AWAY FROM

                    THE NOTION OF THE DEBATE.  FRANKLY, THERE ARE MANY OF US THAT ARE VERY

                    COMPASSIONATE AND UNDERSTAND THE PLIGHT OF DREAMERS.  AND WE

                    BELIEVE, AS THE PRESIDENT SAID, THAT AMERICANS ARE DREAMERS, TOO.

                                 BUT I WANT TO GO ONE STEP FURTHER.  THERE ARE ALSO

                    MANY OF US THAT UNDERSTAND THAT SOMETHING NEEDS TO BE DONE TO CORRECT

                    THIS PROBLEM.  THIS IS A MAJOR ISSUE.  WE DO NOT BELIEVE THAT THERE

                    SHOULD BE A SECOND CLASS CITIZENRY OF SORTS.  WE DO NOT BELIEVE THAT

                    PEOPLE SHOULD HAVE TO LIVE IN THE SHADOWS.  WE BELIEVE THAT THESE FOLKS

                    CAN ADD TO OUR ECONOMY AND THAT THEY HAVE CERTAIN INALIENABLE HUMAN

                    RIGHTS ENDOWED BY THEIR CREATOR AND THAT WE SHOULD SUPPORT THEM.

                    THOSE ARE ALL TENETS OF OUR BELIEFS.  BUT, PHILOSOPHICALLY AND

                    IDEALOGICALLY, MANY OF US DON'T BELIEVE THAT THIS ISSUE SHOULD BE

                    BALANCED ON THE BACKS OF NEW YORK STATE TAXPAYERS AND THAT INSTEAD IT

                    SHOULD BE HANDLED IN WASHINGTON, D.C.  AND BECAUSE WE BELIEVE THAT,

                    THAT DOESN'T MAKE US XENOPHOBE.  THAT DOESN'T MAKE US A RACIST OR ANY

                    -IST OR -ISM THAT YOU CAN CONJURE UP.

                                 SO, PLEASE, IF YOU WANT A DEBATE, IF YOU WANT TO

                    ELEVATE THE DEBATE, LET'S NOT THROW THESE TERMS AROUND BECAUSE IT DOES

                    TWO THINGS:  FIRST OF ALL, IT'S INSULTING; AND SECONDLY, IT ACTUALLY DILUTES

                                         79



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THE TERM "RACISM", WHICH I COUNT AS A VERY SERIOUS PROBLEM IN THIS

                    COUNTRY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  I RISE IN SUPPORT OF THIS BILL.  TODAY,

                    I'M HAPPY TO BE AMONG THIS BODY, WHO, DESPITE MUCH RESISTANCE AT THE

                    FEDERAL LEVEL, AND SOME OF OUR OWN ELECTED OFFICIALS IN THE SENATE HAS

                    CONTINUED TO PASS ITS OWN VERSION OF THE DREAM ACT.  I AM THE

                    DAUGHTER OF HAITIAN IMMIGRANTS AND THIS ACT HAS ALWAYS BEEN

                    IMPORTANT TO ME, MORE THAN EVER, GIVEN THE MULTIPLE AGGRESSIVE ATTACKS

                    FROM THIS PRESIDENT'S ADMINISTRATION AGAINST IMMIGRANTS AND

                    IMMIGRANT FAMILIES.

                                 AS WE JOIN TOGETHER TO ACKNOWLEDGE AND FIGHT FOR THE

                    DREAMERS TODAY AND THEIR STRUGGLES, I HOPE THAT WE WILL ALSO JOIN

                    TOGETHER TO ACKNOWLEDGE AND FIGHT FOR THE TEMPORARY PROTECTED STATUS

                    OF ALL THOSE THAT ARE BEING SENT BACK TO WHAT WE KNOW ARE DIRE

                    CIRCUMSTANCES IN THEIR COUNTRIES OF ORIGIN.  FROM HAITI TO HONDURAS, EL

                    SALVADOR, NICARAGUA, WE MUST NOT BE SELECTIVE, BUT COME TOGETHER

                    AROUND EVERYONE'S STRUGGLE.

                                 SO -- AS SO, TO THE ESTIMATE OF THE 4,500

                    UNDOCUMENTED STUDENTS WHO GRADUATE FROM HIGH SCHOOL EVERY YEAR, I

                    SEE YOU AND WILL CONTINUE TO FIGHT FOR YOUR AMERICAN DREAM, AS YOUR

                    AMERICAN DREAM IS ALL OF OURS AMERICAN DREAM.  I WANT TO THANK THE

                    SPONSOR FOR CARRYING THIS BILL, AND I VOTE YES IN THE AFFIRMATIVE.  THANK

                    YOU.

                                         80



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RIVERA.

                                 MR. RIVERA:  THANK YOU, MR. SPEAKER.  LET'S BE

                    HONEST WITH EACH OTHER.  SOMEONE JUST SAID, LEAVE IT UP TO WASHINGTON,

                    D.C.  INTERESTING.  SOMEONE SAID, AND I'M NOT ONE OF THEM, THAT

                    BECAUSE YOU MIGHT LOOK DIFFERENT FROM ME AND I AM TREATED DIFFERENT,

                    THAT THAT MAKES YOU A RACIST.  I DON'T BELIEVE IN THAT.  I DON'T THINK

                    YOU'RE A RACIST.  I THINK YOU'RE A CONFUSED PERSON.  AND I THINK THE

                    BOTTOM -- THE FACT OF THE MATTER IS THAT IN THIS SOCIETY, OUR COUNTRY, WE

                    HAVE HAD TIME AFTER TIME DOUBLE STANDARDS.  WHEN IT WAS CONVENIENT

                    FOR WASHINGTON, WHETHER IT WAS UNDER KENNEDY, BUSH, OR YOU NAME IT,

                    REAGAN, WE HAD A GOOD POLICY TOWARDS CUBA:  IF YOU LAND ALIVE ON THE

                    SHORES OF MIAMI, WE WILL PAY FOR YOUR HOUSING.  WE WILL HELP YOU SET

                    UP A BUSINESS.  WE WILL HELP YOU WITH EDUCATION.  THAT WAS OKAY UNTIL

                    HAITIANS BEGAN TO ARRIVE, NOT ALIVE IN THE SHORES OF FLORIDA, AND

                    EVERYTHING CHANGED.  THE CRITICISM.  YOU CAN STILL ARRIVE FROM CUBA

                    EVEN RIGHT NOW UNDER THE PRESIDENT THAT WE HAVE AS LONG AS YOU TOUCH

                    AMERICAN LAND.  AND YOU'RE TREATED DIFFERENT.  IT'S CHANGED A LITTLE BIT,

                    LET'S BE HONEST WITH EACH OTHER.

                                 LOOK, PRETTY SOON ALL OF US WILL BE GETTING OUR W-2

                    FORM, AND I CAN TELL YOU THAT IN THIS COUNTRY, ANYONE THAT WORKS PAYS

                    TAXES.  EVERYONE THAT WORKS PAY TAXES.  WHETHER I WORK UNDER

                    SOMEBODY ELSE SOCIAL SECURITY, I STILL PAY TAXES.  AND I'M SURE THOSE

                    FAMILY WE'RE TALKING ABOUT PAY MORE TAXES THAN THE MAN IN THE WHITE

                    HOUSE, THAN THE MAN IN MAR-A-LAGO, THAN THE MAN THAT'S BEEN PLAYING

                                         81



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    GOLF WITH ALL OF US SINCE HE GOT ELECTED.  NOW, I DON'T KNOW WHAT THE

                    CON --

                                 ACTING SPEAKER AUBRY:  MR. RIVERA, HOW DO

                    YOU VOTE?

                                 MR. RIVERA:  I DON'T KNOW WHAT THE CON -- I STILL

                    GOT A HALF A MINUTE --

                                 ACTING SPEAKER AUBRY:  NO, YOU DON'T.

                                 MR. RIVERA:  I DON'T WANT WHAT THE CONVERSE --

                                 ACTING SPEAKER AUBRY:  MR. RIVERA --

                                 MR. RIVERA:  -- CONVERSATION WOULD HAVE BEEN --

                                 ACTING SPEAKER AUBRY:  YOU -- YOU CAN HAVE

                    --

                                 MR. RIVERA:  -- IF THE DEMOCRAT WOULD HAVE WON.

                    BECAUSE OF THE FACT MATTER IS, THIS GOES BACK TO A WAR, THIS GO BACK TO

                    (MICROPHONE TURNED OFF) --  (MR. RIVERA CONTINUED TO SPEAK -

                    INAUDIBLE.)

                                 ACTING SPEAKER AUBRY:  MR. BLAKE, PLEASE.

                    MR. BLAKE, PLEASE.

                                 SIR.

                                 MR. RIVERA:  NEXT TIME I'LL BRING MY OWN

                    MICROPHONE.

                                 ACTING SPEAKER AUBRY:  ABSOLUTELY.

                                 MR. BLAKE, PLEASE.

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

                    OPPORTUNITY TO SPEAK ON -- ON THE BILL, AND I PROUDLY SUPPORT THIS BILL

                                         82



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    AND -- AND -- AND ALL THE WORK THAT'S HAPPENED FROM ASSEMBLYMEMBER

                    CARMEN DE LA ROSA, THE LEADERSHIP OF MEMBER CRESPO AND OTHERS.

                                 AS -- AS A SON OF JAMAICAN IMMIGRANTS AND AS A LAY

                    MINISTER, ALLOW ME TO REMIND SOME OF OUR COLLEAGUES ABOUT A FEW

                    THINGS.  ONE, YES, IT IS RACIST.  LET'S NOT HIDE FROM THE FACT OF WHAT IT IS,

                    RACISM AND PREJUDICE ARE TWO DIFFERENT THINGS, IT IS ABOUT --

                                 MR. GOODELL:  MR. SPEAKER --

                                 MR. BLAKE:  -- THE INSTITUTIONALIZATION --

                                 MR. GOODELL:  MR. SPEAKER --

                                 MR. BLAKE:  -- THE INSTITUTIONALIZATION --

                                 MR. GOODELL:  -- WE HAVE RULES --

                                 ACTING SPEAKER AUBRY:  MR. --

                                 MR. GOODELL:  -- ABOUT DE -- WE HAVE RULES ABOUT

                    DECORUM IN THIS ASSEMBLY, AND CALLING OTHER MEMBERS "RACIST" OR ANY

                    OTHER NAMES --

                                 MR. BLAKE:  I -- I ACTUALLY --

                                 MR. GOODELL:  -- ARE OUTSIDE THOSE RULES --

                                 MR. BLAKE:  ACTUALLY --

                                 ACTING SPEAKER AUBRY:  EXCUSE ME, SIR.

                                 MR. GOODELL:  -- MR. SPEAKER.  I WOULD ASK THAT

                    YOU DIRECT THE MEMBER TO COMPLY WITH OUR RULES OF DECORUM.

                                 MR. BLAKE:  I ACTUALLY DIDN'T REFERENCE A PERSON.

                                 ACTING SPEAKER AUBRY:  MR. BLAKE DID NOT

                    REFERENCE AN INDIVIDUAL, I BELIEVE.

                                 MR. BLAKE:  CORRECT.

                                         83



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  DID HE NOT?

                                 MR. BLAKE:  I DID NOT.  I DID NOT.

                                 MR. GOODELL:  HE -- HE SAID THAT -- HE SAID THAT

                    DISCUSSION ON THIS BILL BY SOME MEMBERS IS A SIGN OF RACISM.  THAT IS

                    NOT TRUE, AND IT'S INAPPROPRIATE -- THE ACCUSATION IS INAPPROPRIATE.  AND

                    IT'S THE MEANING OF OUR RULES THAT REQUIRE RESPECT FROM AMONGST

                    MEMBERS.

                                 ACTING SPEAKER AUBRY:  MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  I THINK THE -- I THINK THE

                    QUESTION IS WHETHER OR NOT WE REFER TO THE MOTIVES OF MEMBERS ON HOW

                    THEY -- THE POSITION THEY TAKE.  SO, I WOULD ENCOURAGE ALL MEMBERS TO

                    REFRAIN FROM QUESTIONING THE MOTIVES OF INDIVIDUALS WHO SPEAK ON THE

                    FLOOR.  I THINK THAT'S THE POINT THAT MR. GOODELL IS MAKING, AND IT'S WELL

                    TAKEN.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 SO, WE WILL REFER TO OUR REASON FOR VOTING, AND NOT

                    SOMEBODY ELSE'S.  THANK YOU.

                                 MR. BLAKE:  I PROUDLY SUPPORT THE DREAM ACT

                    BECAUSE WE SHOULD NOT BE, IN THIS COUNTY, ALLOWING RACIST POLICIES TO GO

                    AGAINST US.  NUMBER TWO, WHEN WE TALK ABOUT OUR VALUES, LET US NEVER

                    FORGET THAT JESUS WAS A REFUGEE WHO REPEATEDLY WAS TRYING TO FIND A

                    HOME, AND THEY DIDN'T SAY THAT THERE WAS NO ROOM FOR ANYONE, THEY SAID

                    THERE WAS NO ROOM FOR THEM.  SO LET US NOT BE SELECTIVE OF THE "FOR

                    THEM" IN THESE CONVERSATIONS WHEN IT COME TO IMMIGRATION.

                                 AS A SON OF JAMAICAN IMMIGRANTS, WE SHOULD BE

                                         84



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    STANDING UP FOR OUR LATINO COMMUNITIES.  WE SHOULD STANDING (SIC) UP

                    FOR OUR WEST AFRICAN COMMUNITIES, THE BRONX, WHICH HAS THE LARGEST

                    WEST AFRICAN POPULATION IN THE WORLD.  WE SHOULD BE STANDING UP FOR

                    OUR ASIAN COMMUNITIES.  BUT WE SHOULD BE STANDING UP BECAUSE PEOPLE

                    ARE SICK AND TIRED OF THEM BEING THE "FOR THEM/AGAINST THEM."  AND SO,

                    I PROUDLY SUPPORT THIS BILL BECAUSE WE HAVE HAD ENOUGH OF PEOPLE

                    DECIDING THAT ONE COMMUNITY SHOULD HAVE IT WHEN OTHERS SHOULD NOT.

                    THE REALITY IS PLAIN AND SIMPLE.  WHEN YOU'RE TALKING ABOUT HUNDREDS

                    OF PERSONS THAT WOULD BE DEPARTED A DAY THAT WOULD LOSE OPPORTUNITIES

                    A DAY, IT IS WRONG AND IT IS NOT WHO WE ARE AS A COUNTRY.

                                 SO, THE REALITY IS THIS:  WE CAN FEEL UNCOMFORTABLE

                    ABOUT THE REALITY OF THE WORDS, BUT YOU CANNOT IGNORE THE REALITY OF

                    WHAT IS HAPPENING.  PEOPLE ARE BEING DIVIDED, PLAIN AND SIMPLE,

                    BECAUSE OF THEIR SKIN COLOR.  SO WE STAND UP TO SAY WE REJECT THAT.  WE

                    REJECT THAT IN ALL POSSIBLE NOTIONS.  LET US STAND AND BE UNITED AS AN

                    ASSEMBLY AND CONTINUE TO PUT A PRESSURE ON THE SENATE REPUBLICANS

                    AND OTHERS TO STAND UP TO DO THE RIGHT THING.  I PROUDLY SUPPORT US

                    PASSING A DREAM ACT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. RAMOS.

                                 MR. RAMOS:  MR. SPEAKER, I PROUDLY SUPPORT THIS

                    BILL AND I WANT TO THANK THE SPONSOR OF THE BILL FOR BRINGING IT FORWARD

                    AND FOR MAINTAINING SUCH A DIGNIFIED POSTURE WHILE WE HAD MEMBERS

                    STAND UP HERE, SOME OF WHICH REPEATED THE WORD "ILLEGAL" EVERY SEVERAL

                    SECONDS, SO MUCH SO THAT IT SOUNDED LIKE A... A TONGUE TWISTER, OR A

                                         85



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    LIMERICK, WE HEARD THE WORD "ILLEGAL" SO MUCH.  BUT THE FACT IS THAT

                    WHEN THEY SAY "ILLEGAL", THEY'RE REFERRING TO CHILDREN, SOMEBODY'S

                    CHILD.  AND UNDER WHAT LEGAL PRECEDENT THAT EXISTS IN THIS COUNTRY DO

                    WE PUNISH A CHILD FOR AN INFRACTION THAT A PARENT DID?  YET, WE HEAR --

                    THIS IS A VERY EMOTIONAL ISSUE BECAUSE WE HEAR MEMBERS HERE ARGUING

                    THAT IT IS RIGHT TO MARGINALIZE A CHILD FOR LIFE, THAT SOMEHOW THAT IS

                    ACCEPTABLE.  THAT'S WHAT MAKES THIS -- THIS ISSUE SO -- SO EMOTIONAL.

                    AND WE -- YOU KNOW, WE HEAR -- WE CONSTANTLY HEAR THESE DOG WHISTLE

                    PHRASES, YOU KNOW, LIKE "ILLEGAL" AND "THEY'RE TAKING SOMETHING FROM

                    YOU", AND THEY HAVE TO SCARE PEOPLE THAT SOMEHOW -- IN FACT, ONE

                    MEMBER EVEN MENTIONED THAT -- TRIED TO FRAME THIS LIKE, YOU KNOW, THE

                    THOUSANDS OF DREAMERS WERE NOT DREAMERS --

                                 MR. GOODELL:  MR. SPEAKER, I AGAIN OBJECT.  OUR

                    RULES ARE CLEAR.  WE ARE TO CONFINE OUR DEBATE AND OUR COMMENTS ON

                    HOW WE ARE VOTING AND WHY, AND NOT ABOUT WHAT OTHER MEMBERS MAY

                    HAVE SAID.

                                 MR. RAMOS:  MR. SPEAKER, I'M COMMENTING ON THE

                    POSITIONS THAT WERE BROUGHT OUT HERE DURING THE DEBATE.

                                 ACTING SPEAKER AUBRY:  WE WILL EXPLAIN OUR

                    VOTES, THINGS THAT ARE INVOLVED IN HELPING US MAKE THAT VOTE, WHATEVER

                    THEY MAY BE.  THAT IS WHERE WE ARE.

                                 MR. RAMOS:  I'M EXPLAINING WHY I'M VOTING THE

                    WAY I AM --

                                 ACTING SPEAKER AUBRY:  AND I UNDERSTAND --

                                 MR. RAMOS:  -- AS OPPOSED TO WHAT WAS SAID HERE.

                                         86



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 ACTING SPEAKER AUBRY:  CONTINUE, SIR.  WE

                    WANT --

                                 MR. RAMOS:  IN FACT, WE HAD IT FRAMED HERE AS IF THE

                    THOUSANDS OF DREAMERS WERE NOT YOUNG CHILDREN WHO IMMIGRATED

                    HERE, THEIR PARENTS BROUGHT THEM, THAT SOMEHOW THIS IS LIKE FRENCH

                    PEOPLE COMING HERE TO TAKE ADVANTAGE OF FREE TUITION.  THAT -- THAT'S --

                    THAT'S WHAT WAS SAID.  THE FACT IS, THERE'S NINE EUROPEAN COUNTRIES THAT

                    OFFER FREE TUITION TO INTERNATIONAL -- INTERNATIONAL STUDENTS.

                                 SO, MR. SPEAKER, IN CLOSING, I'D LIKE TO SAY THAT, YOU

                    KNOW, EVEN THOUGH OUR PRESIDENT HAS USED THE DOG WHISTLE BY SAYING,

                    AMERICANS ARE DREAMERS, ALSO, IN THE WORDS OF MS. DE LA ROSA,

                    DREAMERS ARE AMERICANS, ALSO.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. LAVINE.

                                 MR. LAVINE:  THANKS, MR. SPEAKER.  NATIONS THAT

                    THRIVE ARE INCLUSIVE -- THEY ARE INCLUSIVE POLITICALLY AND THEY ARE

                    INCLUSIVE ECONOMICALLY; NATIONS THAT FAIL WASTE THEIR ASSETS.  THESE KIDS

                    ARE HERE THROUGH NO FAULT OF THEIR OWN.  WE HAVE INVESTED IN THEM.

                    THAT IS OUR AMERICAN SYSTEM.  OUR AMERICAN BELIEF IS THAT THEY SHOULD

                    BE EDUCATED.  IF THE WE TURN OUR BACKS ON THEM, WE WASTE OUR ASSETS.

                                 NOW, LINCOLN USED TO SAY THAT AMERICA IS THE WORLD'S

                    LAST BEST HOPE.  I'M GOING TO VOTE FOR THIS, AND I'M GOING TO VOTE FOR THIS

                    OUT OF A SPIRIT THAT'S LINCOLN-LIKE.  I'M GOING TO VOTE FOR THIS BECAUSE

                    WE MUST STAND FOR THOSE SAME BETTER ANGELS THAT LINCOLN SPOKE ABOUT

                    SO LONG AGO.  AND IF THERE WAS EVER A TIME THAT OUR NATION NEEDS THOSE

                                         87



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    BETTER ANGELS, IT IS NOW.  I WILL BE VOTING IN FAVOR OF THIS GOOD BILL.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. KIM.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  IT'S ABUNDANTLY

                    CLEAR THAT IT SEEMS LIKE THIS YEAR MORE THAN OTHER YEARS PEOPLE ARE

                    MUCH MORE EMOTIONAL ABOUT THIS ACT, DREAM ACT, AND THE DISCUSSION

                    WE'RE HAVING TODAY.  FIRST AND FOREMOST, I WANT TO THANK OUR NEW

                    SPONSOR, ASSEMBLYWOMAN DE LA ROSA, YOU'VE DONE A WONDERFUL JOB,

                    PARTICULARLY ON THE FACTS AND WHY THIS IS MORE IMPORTANT NOW TO PASS

                    THAN EVER.  BUT LET ME JUST CHANGE IT UP A LITTLE BIT.  LET ME -- I ALSO

                    WANT TO THANK MY COLLEAGUES ON THE OTHER AISLE WHO ACTUALLY TOOK THE

                    TIME OVER THE YEARS, PAST FEW YEARS, TO COME DOWN TO OUR PART OF NEW

                    YORK CITY TO SPEND VALUABLE TIME WITH THE DREAMERS IN OUR PUBLIC

                    SCHOOLS TO REALLY, NOT JUST FEEL COMPASSIONATE, BUT EMPATHIZE WITH OUR

                    CHILDREN AND WHAT THEY'RE GOING THROUGH.  AND I WANT TO APPRECIATE

                    THEM FROM REFRAINING THE USE OF WORDS LIKE "CRIMINALS" OR "ILLEGALS" TO

                    DESCRIBE THOSE CHILDREN, BECAUSE THEY'RE NOT CRIMINALS, AND YOU KNOW

                    THAT.  THEY'RE NOT ILLEGALS.

                                 YOU KNOW, WHEN YOU TALK TO THEM, JUST LIKE THE

                    WOMAN I SPOKE (SIC) LAST NIGHT IN MY DISTRICT, THIS WOMAN NAMED

                    ANGIE KIM, WHO'S A DACA/DREAMER ACTIVIST, IF YOU CLOSE YOUR EYES

                    AND YOU JUST HEAR HER STORY, YOU'RE GOING TO SEE AN AMERICAN PERSON.

                    BUT WHEN YOU OPEN YOUR EYES AND YOU SEE WHAT SHE -- HOW SHE

                    PRESENTS HERSELF, WHERE'S SHE'S FROM, YOU START JUDGMENT -- YOU START

                    JUDGING THAT PERSON IMMEDIATELY, AND THAT'S JUST HUMAN NATURE.  AND --

                                         88



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    AND I THINK -- I DON'T THINK ANYONE'S A RACIST HERE, I DON'T THINK ANYONE'S

                    TRYING TO BE PREJUDICED, BUT THERE ARE SOME RHETORICS THAT PERPETUATE

                    THE WRONG MESSAGE OUT THERE.  AND IN THIS TIME AND AGE, WE NEED TO BE

                    BETTER THAN -- THAT'S WHY I FEEL VERY STRONGLY ABOUT THIS BILL AND I WANT

                    TO CONTINUE TO SUPPORT THE DREAM ACT.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. DE LA ROSA TO CLOSE.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER.  FIRST

                    OF ALL, I WANT TO TAKE THIS OPPORTUNITY TO THANK MY COLLEAGUES, ALL OF

                    THEM, FOR YOUR SUPPORT, FOR YOUR UNDERSTANDING, FOR CHEERING ME ON.  I

                    WANT TO SAY THAT THIS MOMENT, THIS BILL, IS ABOUT EDUCATION.  IT'S ABOUT

                    UNDERSTANDING THE PRIVILEGE FOR THOSE OF US WHO HAVE BEEN ABLE TO GO

                    TO SCHOOL, WHO HAVE ABLE TO RECEIVE AN EDUCATION.  I'VE SAID IT BEFORE

                    ON THIS FLOOR, BUT I IMMIGRATED HERE AS A BABY FROM THE DOMINICAN

                    REPUBLIC.  I'M THE FIRST PERSON IN MY HOUSEHOLD TO GO TO COLLEGE.  AND

                    THAT PRIVILEGE IS NOT LOST ON ME, BECAUSE IF IT WASN'T FOR THE OPPORTUNITY

                    TO HAVE THAT EDUCATION, I WOULDN'T BE HERE.  BUT THE REALITY IS THAT

                    THOUSANDS AND THOUSANDS OF NEW YORKERS, BECAUSE THEY ARE NEW

                    YORKERS, NEW YORK IS THEIR HOME, DO NOT HAVE THAT OPPORTUNITY.

                                 AND I WANT TO TAKE THIS MOMENT TO HONOR THOSE --

                    THOSE NEW YORKERS, THE ONES THAT I HAVE MET AND THE ONES THAT HAVE

                    TOLD ME THEIR STORIES.  NEW YORKERS WHO WORKED THE NIGHTSHIFT AT

                    BAKERIES, IN MCDONALD'S, AT FAST FOOD RESTAURANTS, IN ORDER TO PAY FOR

                    SCHOOL.  THOSE NEW YORKERS ARE NOT ILLEGALS, AND I'M GOING TO HONOR

                                         89



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                    THEM BY SAYING SOME OF THE NAMES OF THE ONES THAT ARE HERE TODAY:

                    YATSIDI, VANESSA, AMANDA, JOHAN, MONICA, ANGELIQUE, ANTONIO AND

                    MOHAMMED.  THOSE ARE OUR CHILDREN.  THOSE ARE THE CHILDREN OF OUR

                    NEIGHBORS, THE CHILDREN OF THE PEOPLE THAT WE GO TO CHURCH WITH IF WE

                    BELIEVE IN A HIGHER BEING.  THOSE ARE THE CHILDREN OF THE PEOPLE WHO

                    MAKE THIS STATE WHAT IT IS.  THEY ARE DREAMERS.  THEY HAVE A DREAM,

                    AND THAT DREAM IS IN OUR HANDS.

                                 WE HAVE A SMALL INVESTMENT, WE CAN ALLOW THEM TO GO

                    TO SCHOOL.  WHAT YOUNG PERSON DO YOU KNOW ASKS FOR MORE

                    SCHOOLWORK; YET, THE DREAMERS HAVE COME UP EVERY SINGLE YEAR TO

                    ASK US JUST FOR THAT, TO ALLOW THEM TO GO TO SCHOOL.  SO WE'RE ASKING OUR

                    COLLEAGUES TO VOTE FOR THIS LEGISLATION AND TO DO THE RIGHT THING.

                                 I ALSO WANT TO TAKE A MOMENT, AND I KNOW I'M OUT OF

                    TIME, TO THANK THE STAFF OF THE HIGHER EDUCATION COMMITTEE, THE WAYS

                    AND MEANS STAFF AND MY STAFF, MY DISTRICT STAFF AND MY ALBANY STAFF,

                    FOR PREPARING ME FOR THIS DEBATE.  I WANT TO THANK SPEAKER HEASTIE FOR

                    ALLOWING THE OPPORTUNITY OF THIS DEBATE ON THIS FLOOR AND FOR HAVING THE

                    CONFIDENCE THAT I COULD CARRY OUT TODAY'S MISSION.  WITH THAT, I VOTE IN

                    THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                         90



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. MORELLE.

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

                    YOU PLEASE CALL ON MR. OTIS, WHO I KNOW IS ANXIOUS TO MAKE AN

                    ANNOUNCEMENT.

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MR. OTIS:  THERE WILL BE AN IMMEDIATE MEETING OF

                    THE DEMOCRATIC CONFERENCE FOLLOWING THE CONCLUSION OF SESSION.

                    LOOK FORWARD TO SEEING YOU THERE.

                                 ACTING SPEAKER AUBRY:  DEMOCRATIC

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, SIR.  I WANT TO ASK,

                    MR. SPEAKER, IF YOU HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  WE HAVE

                    BOTH.

                                 ON A MOTION BY MRS. PEOPLES-STOKES, PAGE 39,

                    CALENDAR NO. 221, BILL NO. A-2788-A, THE AMENDMENTS ARE RECEIVED

                    AND ADOPTED.

                                 WE HAVE NUMEROUS FINE RESOLUTIONS WHICH WE WILL

                    TAKE 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. 803-813 AND

                    828-830 WERE UNANIMOUSLY APPROVED.)

                                 MR. MORELLE.

                                         91



                    NYS ASSEMBLY                                            FEBRUARY 5, 2018

                                 MR. MORELLE:  YES, THANK YOU, MR. SPEAKER.  I

                    NOW MOVE THE ASSEMBLY STAND ADJOURNED UNTIL TUESDAY, FEBRUARY 6TH,

                    LADIES AND GENTLEMEN, 11:00 A.M., A GENTLE REMINDER TO BE HERE IN THE

                    CHAMBER AT 11:00 A.M., TOMORROW IS SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 5:39 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL TUESDAY, FEBRUARY 6TH AT 11:00 A.M., TUESDAY BEING A

                    SESSION DAY.)

































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