TUESDAY, JUNE 12, 2018 11:04 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MONDAY, JUNE 11TH.
MR. MORELLE.
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NYS ASSEMBLY JUNE 12, 2018
MR. MORELLE: THANK YOU, MR. SPEAKER. I MOVE
TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, JUNE
11TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. IN JUST A
MOMENT, I WILL DESCRIBE OUR WORK FOR THE DAY, WHICH WILL BE HOPEFULLY
AN OPPORTUNITY FOR US TO GET A LOT OF WORK DONE, BUT BEFORE I DO THAT, LET
ME NOTE THAT ON THIS DAY IN 1963, CIVIL RIGHTS LEADER MEDGAR EVERS
WAS SHOT TO DEATH IN HIS DRIVEWAY OUTSIDE HIS HOME IN JACKSON,
MISSISSIPPI, BY WHITE SUPREMACIST BYRON DE LA BECKWITH. MR. EVERS
HAD VOLUNTEERED IN THE UNITED STATES ARMY DURING WORLD WAR II,
PARTICIPATED IN THE NORMANDY INVASION, CAME HOME AND BECAME A FIELD
ORGANIZER FOR THE NAACP. WHEN HE WAS SHOT TO DEATH, HE RECEIVED
FULL MILITARY HONORS AND WAS BURIED AT ARLINGTON, VIRGINIA; SAD DAY IN
AMERICAN HISTORY.
ALSO, ON A SOMBER NOTE, I NOTE THAT TWO YEARS AGO
TODAY AT PULSE NIGHT CLUB IN ORLANDO, FLORIDA, 49 INDIVIDUALS WERE
KILLED IN A SHOOTING INSIDE A NIGHTCLUB TARGETED AT THE LGBT
COMMUNITY.
ALSO, UNDER THE HEADING OF "DID YOU KNOW", MR.
SPEAKER AND COLLEAGUES, DID YOU KNOW THAT SAGAMORE HILL IS THE
FORMER HOME -- OR THE HOME OF FORMER PRESIDENT AND NEW YORK STATE
GOVERNOR THEODORE ROOSEVELT? IT'S LOCATED WITHIN THE 13TH ASSEMBLY
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NYS ASSEMBLY JUNE 12, 2018
DISTRICT REPRESENTED BY OUR FRIEND, MR. LAVINE. PRESIDENT ROOSEVELT
LIVED IN THE HOUSE FROM 1885 UNTIL HIS DEATH IN 1919 AND SPENT
SUMMERS IN THE HOME WHILE SERVING AS PRESIDENT. IN FACT, MANY
CONVERSATIONS TO END THE RUSSO-JAPANESE WAR WERE HELD AT SAGAMORE
HILL. THE HOME WAS ADDED TO THE NATIONAL REGISTRY OF HISTORIC PLACES
ON OCTOBER 15TH, 1966.
AND WITH THAT, LET ME DESCRIBE OUR WORK FOR THE DAY.
WE'LL HAVE A VERY BUSY DAY AND I CONTINUE TO ASK FOR THE MEMBERS'
COOPERATION AS WE MOVE THROUGH TOWARDS OUR CONCLUSION FOR THE 2018
LEGISLATIVE SESSION. MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR,
AS WELL AS A DEBATE LIST AND AN A-CALENDAR. WHICH BRINGS ME, MR.
SPEAKER, TO MOVE TO ADVANCE THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MR. MORELLE'S
MOTION, THE A-CALENDAR IS ADVANCED.
SIR.
MR. MORELLE: SO, WE WILL BE WORKING ON THAT AND
AFTER ANY INTRODUCTIONS AND HOUSEKEEPING, WE WILL BE CONSENTING THAT
A-CALENDAR, STARTING WITH CALENDAR NO. 83 WHICH IS ON PAGE 4. WE
WILL WORK OFF THE MAIN CALENDAR AND THE DEBATE LIST, AS WELL, INCLUDING
A NUMBER OF CRIMINAL JUSTICE BILLS FROM THE DEBATE LIST. MEMBERS
SHOULD BE PREPARED IF YOU'RE ON THE FOLLOWING COMMITTEES, THEY WILL BE
MEETING OFF THE FLOOR, SO PAY SPECIAL ATTENTION TO NOTICES FOR REAL
PROPERTY TAXATION, THE TRANSPORTATION COMMITTEE, LOCAL GOVERNMENTS
AND WAYS AND MEANS. AT THE CONCLUSION OF OUR DAY, WE WILL ADOPT A
MEMORIAL RESOLUTION FOR THE MEMBERS WHO PASSED AWAY THIS PAST YEAR.
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NYS ASSEMBLY JUNE 12, 2018
SO, MR. SPEAKER, I WOULD ASK IF THERE ARE ANY
INTRODUCTIONS OR HOUSEKEEPING, THIS WOULD BE THE APPROPRIATE TIME TO
TAKE THEM UP.
ACTING SPEAKER AUBRY: FOR THE PURPOSES OF A
(SIC) INTRODUCTION, MS. ROZIC.
MS. ROZIC: THANK YOU, MR. SPEAKER. IT IS MY
DISTINCT HONOR TODAY TO INTRODUCE A VERY SPECIAL GUEST AND NO STRANGER
TO MANY OF US IN THE ASSEMBLY. TODAY, WE'RE JOINED BY PRESIDENT
FELIX MATOS RODRIGUEZ WHO IS HERE TODAY ON BEHALF OF ALL OF THE
STUDENTS, FACULTY, STAFF AND ALUMNI OF QUEENS COLLEGE, ONE OF THE FINEST
COLLEGES OF THE CITY UNIVERSITY OF NEW YORK, AS THEY CELEBRATE THEIR
80TH ANNIVERSARY.
SINCE IT OPENED, QUEENS COLLEGE HAS BEEN CALLED
"THE COLLEGE OF THE FUTURE", AND IT LIVES UP TO ITS NAME, AS THIS
INSTITUTION OFFERS YOUNG WOMEN AND MEN FROM OVER 170 COUNTRIES AND
ALL ECONOMIC BACKGROUNDS AN EXCELLENT EDUCATION ON WHICH THEY CAN
BUILD THEIR FUTURES. QUEENS COLLEGE HAS BEEN RANKED IN THE TOP 1
PERCENT OF ALL AMERICAN COLLEGES, MOVING STUDENTS FROM POVERTY TO
PROSPERITY. IT KEEPS THE PROMISE OF AMERICA THAT GIVEN THE RIGHT
OPPORTUNITY AND A FINE EDUCATION, PEOPLE CAN CREATE FOR THEMSELVES
SUCCESSFUL AND MEANINGFUL LIVES. QUEENS COLLEGE ALUMNI THRIVE IN
WHATEVER FIELD THEY CHOOSE. THEY FLOURISH IN GOVERNMENT, AS WE SEE
MANY ALUMNI RIGHT HERE IN THIS VERY CHAMBER, AND THEY ALSO FLOURISH IN
MANY OTHER INDUSTRIES. SOME OF THEIR ALUMNI INCLUDE CAROLE KING,
JERRY SEINFELD, RAY ROMANO AND, MY PERSONAL FAVORITE, FRAN DRESCHER.
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NYS ASSEMBLY JUNE 12, 2018
OUR COMMUNITY, CITY AND STATE HAVE BENEFITTED ENORMOUSLY FROM THEIR
CONTRIBUTIONS AND FROM THIS INSTITUTION, SO ON BEHALF OF THE ENTIRE
QUEENS DELEGATION AND THE MANY ALUMNI RIGHT HERE IN THIS CHAMBER, I
WANT TO CONGRATULATE QUEENS COLLEGE ON A REMARKABLE 80 YEARS, AND IF
YOU'LL EXTEND THEM THE PRIVILEGES OF THE FLOOR, WE'D BE MOST GRATEFUL.
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. ROZIC, THE ENTIRE QUEENS DELEGATION, THOSE MEMBERS HERE WHO
ARE ALUMNI OF QUEENS COLLEGE, WE WELCOME YOU -- THE SPEAKER AND ALL
THE MEMBERS, WE WELCOME YOU HERE AGAIN TO THE NEW YORK STATE
ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. OUR
CONGRATULATIONS ON A HAPPY 80TH. WE HOPE THAT THIS INSTITUTION
CONTINUES TO LEAD AND PROVIDE THE EXCELLENT EDUCATION THAT IT HAS OVER
THESE PAST 80 YEARS, AND THAT YOU WILL HAVE A SUCCESSFUL DAY HERE IN
ALBANY AND A CONTINUED SUCCESS AT THE INSTITUTION. THANK YOU SO VERY
MUCH FOR BEING WITH US. CONGRATULATIONS.
(APPLAUSE)
MR. BENEDETTO.
MR. BENEDETTO: THANK YOU, MR. CHAIRMAN, FOR
LETTING ME RISE TODAY TO ACKNOWLEDGE WHAT EVERYBODY IS PROBABLY
FEELING HERE TODAY, THIS ELECTRICITY THAT IS IN THE AIR BECAUSE TODAY IS, AS
WE ALL KNOW, BRONX DAY HERE IN ALBANY. YES, IT'S A FULL DAY OF
CELEBRATING THE ONLY BOROUGH IN THE CITY OF NEW YORK THAT IS ATTACHED
TO THE MAINLAND. AND, TO TELL YOU THE TRUTH, MY PEACE OF MIND, IF WE
HAVE TROUBLE IN THE LARGER COMMUNITY, I WANT TO QUICK ROUTE OUT OF
5
NYS ASSEMBLY JUNE 12, 2018
TOWN, AND THE BRONX HAS THAT QUICK ROUTE OUT OF TOWN. NO RIVERS, NO
BOATS, NO NEED TO -- JUST HOP IN THE CAR AND GO. WE ARE CELEBRATING
TODAY A BOROUGH WITH THE BRONX ZOO, YANKEE STADIUM, THE NEW YORK
BOTANICAL GARDENS, WONDERFUL UNIVERSITIES LIKE FORDHAM, MANHATTAN
COLLEGE, SUNY MARITIME. EVENTS WILL BE HAPPENING AT THE EGG, WE
INVITE ALL TO TRAVEL OVER. A LUNCHEON IS BEGINNING AT AROUND 12:00
P.M., BUT, OF COURSE, THE BIG CELEBRATION WILL BE TONIGHT WHEN VARIOUS
VENDORS FROM THE BRONX INTRODUCING THEIR WARES TO THE ALBANY
COMMUNITY, YOU'RE ALL WELCOME TO COME, PARTAKE, CELEBRATE THE BRONX.
WE ALWAYS SAVE THE BEST BOROUGH FOR THE LAST, AND THIS
IS THE END OF SESSION. SO, AGAIN, WE'LL BE VOTING LATER ON AT THE END OF
SESSION ON A RESOLUTION CELEBRATING THE LAST BOROUGH, THE LAST COUNTY TO
BE INCLUDED IN THE GREAT STATE OF NEW YORK, WHICH CELEBRATED ITS 100TH
ANNIVERSARY LAST YEAR, FOR THIS WONDERFUL DAY AT THE EGG AND WE HOPE
EVERYBODY TAKES SOME TIME LATER ON IN THE AFTERNOON TO COME OVER AND
PARTAKE THE CELEBRATION WITH US. THANK YOU FOR THE INTERRUPTION --
ALLOWING ME TO SPEAK, MR. -- MR. CHAIRMAN.
ACTING SPEAKER AUBRY: THANK YOU, MR.
BENEDETTO.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. ON PAGE
3 OF THE MAIN CALENDAR, I'D LIKE TO BEGIN WITH RESOLUTIONS, BEGINNING
WITH ASSEMBLY RESOLUTION NO. 1346 BY MS. HUNTER.
ACTING SPEAKER BRINDISI: THE CLERK WILL
READ.
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NYS ASSEMBLY JUNE 12, 2018
THE CLERK: ASSEMBLY RESOLUTION NO. 1346, RULES
AT THE REQUEST OF MS. HUNTER. LEGISLATIVE RESOLUTION MEMORIALIZING
GOVERNOR ANDREW M. CUOMO TO PROCLAIM TUESDAY, JUNE 12TH, 20 --
2018 AS WOMEN VETERANS RECOGNITION DAY IN THE NEW YORK STATE OF
NEW YORK.
ACTING SPEAKER BRINDISI: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1347, RULES
AT THE REQUEST OF MR. ZEBROWSKI. LEGISLATIVE RESOLUTION
MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO PROCLAIM JUNE 12TH,
2018 AS FILIPINO INDEPENDENCE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER BRINDISI: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1348, RULES
AT THE REQUEST OF MR. SANTABARBARA. LEGISLATIVE RESOLUTION
MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO PROCLAIM NOVEMBER
2018 AS ALPHA-1 AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER BRINDISI: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1349, RULES
AT THE REQUEST OF MR. GOTTFRIED. LEGISLATIVE RESOLUTION MEMORIALIZING
GOVERNOR ANDREW M. CUOMO TO PROCLAIM OCTOBER 11TH, 2018 AS
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NYS ASSEMBLY JUNE 12, 2018
CHILDREN'S ENVIRONMENTAL HEALTH DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER BRINDISI: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1350, RULES
AT THE REQUEST OF MR. BRABENEC. LEGISLATIVE RES -- RESOLUTION
MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO PROCLAIM OCTOBER
2018 AS GERMAN-AMERICAN HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER BRINDISI: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
ACTING SPEAKER AUBRY: MR. MORELLE.
MR. MORELLE: YES, THANK YOU, SIR. I'D LIKE TO NOW
GO TO THE A-CALENDAR ON PAGE 3 AND TAKE UP RESOLUTION NO. 1273 BY
MS. LUPARDO.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1273, RULES
AT THE REQUEST OF MS. LUPARDO. LEGISLATIVE RESOLUTION URGING THE
UNITED STATE CONGRESS TO RECOGNIZE INDUSTRIAL HEMP AS A VALUABLE
AGRICULTURAL COMMODITY AND TO PASS THE HEMP FARMING ACT OF 2018,
WHICH WOULD PERMANENTLY LEGALIZE HEMP, REMOVING IT FROM THE
PURVIEW OF THE CONTROLLED SUBSTANCE ACT AND ESTABLISHING IT --
ESTABLISHING IT AS AN AGRICULTURAL COMMODITY.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
8
NYS ASSEMBLY JUNE 12, 2018
ADOPTED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. AS I
INDICATED, I'D LIKE TO BEGIN WITH THE A-CALENDAR AND BEGIN CONSENTING
ON PAGE 4, STARTING WITH RULES REPORT NO. 83 BY MR. GANTT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00172, RULES REPORT
NO. 3 -- 83, GANTT. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW AND
THE EDUCATION LAW, IN RELATION TO THE ILLEGAL PASSING OF SCHOOL BUSES
AND TO AMEND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE
SCHOOL BUS MOTORIST EDUCATION FUND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES
AND GENTLEMEN, THIS IS OUR FIRST VOTE OF THE DAY SO I EXPECT A LOT OF
VOTES UP THERE ON THE BOARD. PLEASE CAST YOUR VOTE. AND FOR THOSE
MEMBERS WHO HAVEN'T QUITE MADE THEIR WAY OVER, WE ENCOURAGE THEM
TO WITH AS MUCH SPEED AS THEY CAN CONJURE UP TO GET OVER HERE SO THEY
CAN CAST THEIR FIRST VOTE OF THE DAY.
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY.
MEMBERS IN YOUR SEATS, PLEASE VOTE NOW. ARE YOU IN THE BAR OF THE
9
NYS ASSEMBLY JUNE 12, 2018
ASSEMBLY? PLEASE COME INTO THE CHAMBER AND CAST YOUR VOTE. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00219-A, RULES
REPORT NO. 84, SANTABARBARA. AN ACT TO AMEND THE VEHICLE AND
TRAFFIC LAW, IN RELATION TO THE ISSUANCE OF A DISTINCTIVE LICENSE PLATE
FOR MEMBERS OF THE NEW YORK STATE ELKS ASSOCIATION OF THE
BENEVOLENT AND PROTECTIVE ORDER OF THE ELKS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00428, RULES REPORT
NO. 85, BICHOTTE, ORTIZ, RICHARDSON, WILLIAMS, SOLAGES, WALKER,
BLAKE, HOOPER, GOTTFRIED, HYNDMAN, SEAWRIGHT. AN ACT TO AMEND THE
ECONOMIC DEVELOPMENT LAW, IN RELATION TO THE PUBLICATION OF
INFORMATION REGARDING AWARDS OF STATE CONTRACTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
10
NYS ASSEMBLY JUNE 12, 2018
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00716, RULES REPORT
NO. 86, GUNTHER, ZEBROWSKI, COOK, M.G. MILLER, RIVERA, TITUS,
GOTTFRIED, ARROYO, HOOPER, STECK, PICHARDO, RICHARDSON, CROUCH,
WALTER, RAIA, MONTESANO, MCDONOUGH, MURRAY, WEPRIN. AN ACT TO
AMEND THE TAX LAW, IN RELATION TO PERMITTING STATE LOTTERY WINNERS TO
REMAIN ANONYMOUS TO THE GENERAL PUBLIC.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01922-C, RULES
REPORT NO. 87, LIFTON, STIRPE, O'DONNELL, GALEF. AN ACT TO DIRECT THE
DEPARTMENT OF STATE TO CONDUCT A STUDY ON THE USE OF LEGAL MATERIAL IN
AN ELECTRONIC FORMAT AND ACCESS TO SUCH LEGAL MATERIALS.
11
NYS ASSEMBLY JUNE 12, 2018
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02358-A, RULES
REPORT NO. 88, GOTTFRIED, L. ROSENTHAL, JAFFEE, STECK, HOOPER, D'URSO.
AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO MANAGED LONG
TERM CARE PLANS NOT BEING CONTROLLED OR OWNED BY FOR-PROFIT HEALTH
MAINTENANCE ORGANIZATIONS OR INSURERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02620-A, CALEN --
RULES REPORT NO. 89, PERRY. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO ISSUING "WEST INDIAN AMERICAN DAY CARNIVAL"
DISTINCTIVE LICENSE PLATES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
12
NYS ASSEMBLY JUNE 12, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02826, RULES REPORT
NO. 90, PERRY. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE
NOTICE OF THE DAYS AND HOURS FOR VOTING IN PRIMARY AND GENERAL
ELECTIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02879, RULES REPORT
NO. 91, PAULIN, GALEF, WEPRIN. AN ACT TO AMEND THE PUBLIC OFFICERS
LAW AND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO PREFERENCE
GIVEN TO AN APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT
REGARDING A DENIAL OF AN EXCEPTION FROM DISCLOSURE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(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. A02881-B, RULES
REPORT NO. 92, BRINDISI. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW,
IN RELATION TO THE DEFINITION OF ELIGIBLE SECURITIES IN RELATION TO
OBLIGATIONS OF DOMESTIC CORPORATIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
13
NYS ASSEMBLY JUNE 12, 2018
BRINDISI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03136-A, RULES
REPORT NO. 93, ABBATE. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO THE DIRECT DEPOSIT OF CERTAIN SALARIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03210-A, RULES
REPORT NO. 94, ORTIZ, ABINANTI, WEPRIN, JENNE, JAFFEE, SKOUFIS, STIRPE,
O'DONNELL, GALEF, BLAKE, MCDONALD. AN ACT TO REQUIRE THE OFFICE OF
MENTAL HEALTH TO DEVELOP EDUCATIONAL MATERIALS FOR EDUCATORS
REGARDING SUICIDE PREVENTION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
14
NYS ASSEMBLY JUNE 12, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03574, RULES REPORT
NO. 95, PERRY. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
REQUIRING A LAW ENFORCEMENT OFFICER OR PEACE OFFICER WHO DISCHARGES
HIS OR HER WEAPON UNDER CIRCUMSTANCES WHERE A PERSON COULD BE STRUCK
BY A BULLET TO IMMEDIATELY REPORT THE INCIDENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04772-C, RULES
REPORT NO. 96, WOERNER, ORTIZ, LUPARDO, PEOPLES-STOKES, HAWLEY,
BRINDISI, PALMESANO, JENNE, STEC, STIRPE, BLANKENBUSH, JONES, MAGEE,
SANTABARBARA. AN ACT TO AMEND THE TAX LAW, IN RELATION TO PROVIDING
INSURANCE CORPORATIONS WITH A TAX CREDIT FOR INVESTMENTS MADE IN RURAL
BUSINESS GROWTH FUNDS; AND TO AMEND THE STATE FINANCE LAW, IN
RELATION TO ESTABLISHING THE NEW YORK AGRICULTURE AND RURAL JOBS
FUND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST,
2018.
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.)
15
NYS ASSEMBLY JUNE 12, 2018
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05784-B, RULES
REPORT NO. 97, JONES, PHEFFER AMATO, CASTORINA, ERRIGO. AN ACT TO
AMEND THE NOT-FOR-PROFIT CORPORATION LAW AND THE RELIGIOUS
CORPORATIONS LAW, IN RELATION TO PROHIBITING CERTAIN STAND-ALONE
MAUSOLEUM AND COLUMBARIUM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE
TO ASK MEMBERS OF THE REAL PROPERTY TAXATION COMMITTEE TO JOIN MRS.
GALEF IN THE SPEAKER'S CONFERENCE ROOM. REAL PROPERTY TAXATION.
ACTING SPEAKER AUBRY: REAL PROPERTY
TAXATION IN THE SPEAKER'S CONFERENCE ROOM.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07012-B, RULES
REPORT NO. 98, HUNTER, COOK, DICKENS, HYNDMAN. AN ACT TO AMEND
THE INSURANCE LAW, IN RELATION TO THE GRANTING OF CONTINUING EDUCATION
CREDITS BY THE SUPERINTENDENT OF FINANCIAL SERVICES.
16
NYS ASSEMBLY JUNE 12, 2018
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07070-A, RULES
REPORT NO. 99, ABBATE, DENDEKKER. AN ACT TO AMEND THE PUBLIC
OFFICERS LAW, IN RELATION TO RESIDENCY REQUIREMENTS FOR MEMBERS OF
MUNICIPAL DEPARTMENTS OF SANITATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07492-A, RULES
REPORT NO. 100, GOTTFRIED, MCDONALD, ABINANTI, PHEFFER AMATO,
TITONE, SOLAGES, JAFFEE, GARBARINO, RAIA, STECK. AN ACT TO AMEND THE
17
NYS ASSEMBLY JUNE 12, 2018
SOCIAL SERVICES LAW, IN RELATION TO SYNCHRONIZATION OF MULTIPLE
PRESCRIPTIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07600-C, RULES
REPORT NO. 101, ABBATE, COLTON, MCDONOUGH, WOERNER,
SANTABARBARA, SOLAGES, BARRETT, PHEFFER AMATO, WEPRIN, PELLEGRINO,
SKOUFIS, B. MILLER, CURRAN, WALLACE, STECK. AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO DISABILITY
RETIREMENT FOR MEMBERS OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, FOREST RANGERS, UNIVERSITY POLICE OFFICERS AND THE
REGIONAL STATE PARK POLICE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, 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.
18
NYS ASSEMBLY JUNE 12, 2018
(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. A07602-A, RULES
REPORT NO. 102, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
SECURITY LAW, IN RELATION TO LOANS TO MEMBERS OF CERTAIN RETIREMENT
SYSTEMS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08108-A, RULES
REPORT NO. 103, ABBATE, MCDONOUGH, JAFFEE, PELLEGRINO. AN ACT TO
AMEND THE EDUCATION LAW, IN RELATION TO TENURE IN CERTAIN SCHOOL
DISTRICTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
19
NYS ASSEMBLY JUNE 12, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08157-A, RULES
REPORT NO. 104, ENGLEBRIGHT, L. ROSENTHAL, GLICK, COLTON, D'URSO. AN
ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO
PROHIBITING THE ISSUANCE OF PERMITS AUTHORIZING THE USE OF WILD ANIMALS
IN CIRCUSES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 31ST,
2021.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. TWO
THINGS. FIRST, LOCAL GOVERNMENTS. I UNDERSTAND MR. MAGNARELLI IS
PREPARED TO CONDUCT THE MEETING IN THE SPEAKER'S CONFERENCE ROOM.
20
NYS ASSEMBLY JUNE 12, 2018
LOCAL GOVERNMENTS IN THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: LOCAL GOVERNMENTS,
SPEAKER'S CONFERENCE ROOM.
MR. MORELLE: THANK YOU.
ACTING SPEAKER AUBRY: MR. MORELLE.
MR. MORELLE: YES, SIR. JUST A BRIEF INTERRUPTION
FOR A JOYOUS ANNOUNCEMENT. WE'RE JOINED IN THE CHAMBERS BY OUR DEAR
FRIEND AND COLLEAGUE, MR. ZEBROWSKI, WHO IS NEW TO PARENTHOOD. HE
AND HIS BEAUTIFUL WIFE, CLARE, GAVE BIRTH TO REAGAN LEIGH ZEBROWSKI,
WHO IS SEVEN POUNDS, 13 OUNCES, 20-AND-A-HALF INCHES.
(APPLAUSE)
I WOULD -- I WOULD JUST SUGGEST HE GET A GOOD NIGHT'S
SLEEP WHILE HE'S IN ALBANY --
(LAUGHTER)
-- BECAUSE HE WON'T BE SLEEPING FOR SEVERAL MORE
YEARS. BUT, WE'RE DELIGHTED AND I JUST WANTED TO ACKNOWLEDGE THE --
THE HAPPY OCCASION, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08791-B, RULES
REPORT NO. 105, JEAN-PIERRE, SIMOTAS, RIVERA, DE LA ROSA, GIGLIO,
COOK, TAYLOR, SEAWRIGHT, MOSLEY, D'URSO, RAIA, ORTIZ, WILLIAMS,
HYNDMAN, VANEL, BARRON, DICKENS, ERRIGO, CRESPO, PELLEGRINO, DAVILA,
BLAKE, ESPINAL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO INFORMATION PROVIDED TO UNLICENSED OR UNREGISTERED CHILD DAY CARE
PROVIDERS BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
21
NYS ASSEMBLY JUNE 12, 2018
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08819-B, RULES
REPORT NO. 106, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO THE DISTRIBUTION OF INFORMATION TO PATIENTS AT HIGH
RISK OF DEVELOPING LYMPHEDEMA.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09017, RULES REPORT
NO. 107, JENNE, JAFFEE, ENGLEBRIGHT, SANTABARBARA, GOTTFRIED, SIMON,
TAYLOR, DENDEKKER, COLTON, PICHARDO, BRAUNSTEIN, STECK. AN ACT TO
AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO PROHIBITING CERTAIN
ENTITIES FROM ENGAGING IN THE BUSINESS OF SECURING MOTOR VEHICLE
REGISTRATIONS OR GIVING INSTRUCTIONS AS TO PROCURING MOTOR VEHICLE
REGISTRATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
22
NYS ASSEMBLY JUNE 12, 2018
(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. A09686, RULES REPORT
NO. 108, PRETLOW. AN ACT TO AMEND CHAPTER 473 OF THE LAWS OF 2010
AMENDING THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW
RELATING TO THE NEW YORK STATE THOROUGHBRED BREEDING AND
DEVELOPMENT FUND, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(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. A09837-A, RULES
REPORT NO. 109, STECK, GOTTFRIED, DINOWITZ, SKOUFIS, MCDONALD, RAIA,
BRAUNSTEIN, JEAN-PIERRE, SANTABARBARA, JOHNS, TITONE, KOLB, FINCH,
GARBARINO. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE
IMPLEMENTATION OF AN ELECTRONIC DEATH REGISTRATION SYSTEM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
23
NYS ASSEMBLY JUNE 12, 2018
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. RAIA TO EXPLAIN HIS VOTE.
MR. RAIA: THANK YOU, MR. SPEAKER. THE
ANTICIPATION WAS KILLING ME.
ACTING SPEAKER AUBRY: AND WE HOPE NOT.
MR. RAIA: WELL, SOME PEOPLE MIGHT, BUT THAT BEING
SAID, I'M A CO-SPONSOR ON THIS LEGISLATION AND IT IS CERTAINLY A LONG TIME
IN COMING TO GET TO AN ELECTRONIC DEATH CERTIFICATE REGISTRY. MY
CONCERNS, THOUGH, ON THIS ARE THE FINE STRUCTURE THAT IS SET UP. YOU
HAVE MANY -- MANY SMALL TOWNS IN UPSTATE NEW YORK THAT ONLY HAVE A
FEW HUNDRED PEOPLE IN THEM AND TO ACTUALLY LEVEL (SIC) FINES OF $2,000,
$5,000 OR A MISDEMEANOR $10,000 FINE ON A VERY SMALL TOWN THAT
DOESN'T HAVE A COMPUTER IN IT, THAT DOESN'T HAVE AN IT DEPARTMENT, IT'S
NOT LIKE THEY CAN WAVE A MAGIC WAND AND ALL OF A SUDDEN THEY HAVE THE
ABILITY TO IMPLEMENT THIS. SO, I WOULD HOPE THAT SOMEWHERE ALONG THE
LINE WE GO BACK AND AMEND THIS -- THIS FINE PIECE OF LEGISLATION WHICH
COULD BE EVEN BETTER IF WE TOOK OUT THE CRIMINAL SANCTIONS AGAINST LOCAL
GOVERNMENTS IN IT. THANK YOU, MR. SPEAKER. I WILL VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. RAIA IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
24
NYS ASSEMBLY JUNE 12, 2018
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09903, RULES REPORT
NO. 110, CUSICK, MCDONALD, SCHIMMINGER, BRABENEC, BENEDETTO,
BARNWELL, ROZIC, FAHY, STIRPE, MORINELLO, BRAUNSTEIN, COLTON,
MCDONOUGH, MONTESANO, D'URSO, JONES, WALLACE, WOERNER, LAVINE,
PICHARDO, TITONE, NOLAN. AN ACT TO AMEND CHAPTER 507 OF THE LAWS OF
1974, RELATING TO PROVIDING FOR THE APPORTIONMENT OF STATE MONIES TO
CERTAIN NON-PUBLIC SCHOOLS, TO REIMBURSE THEM FOR THEIR EXPENSES IN
COMPLYING WITH CERTAIN STATE REQUIREMENTS FOR THE ADMINISTRATION OF
STATE TESTING AND EVALUATION PROGRAMS AND FOR PARTICIPATION IN STATE
PROGRAMS FOR THE REPORTING OF BASIC EDUCATIONAL DATA, IN RELATION TO THE
CALCULATION OF NON-PUBLIC SCHOOLS' ELIGIBILITY TO RECEIVE AID.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CUSICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09909, RULES REPORT
NO. 111, ABBATE, COLTON. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
25
NYS ASSEMBLY JUNE 12, 2018
SECURITY LAW, IN RELATION TO ACCIDENTAL DISABILITY RETIREMENT FOR
UNIFORMED COURT OFFICERS AND PEACE OFFICERS EMPLOYED IN THE UNIFIED
COURT SYSTEM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER, FOR
ALLOWING A BRIEF INTERRUPTION SO WE MIGHT INTRODUCE A DISTINGUISHED
NEW YORKER WHO'S HERE AS A GUEST OF MS. PELLEGRINO. WE'RE DELIGHTED
TO HAVE ANTHONY HENRY, WHO'S A MASSAPEQUA RESIDENT AND THE -- FROM
-- THE FIRE MARSHAL IN THE BUREAU OF FIRE INVESTIGATION CITYWIDE SOUTH
COMMAND IN THE FIRE DEPARTMENT OF NEW YORK CITY. WE'RE DELIGHTED
TO HAVE THE MARSHAL HERE, AND HE HAS SERVED IN THE FIRE DEPARTMENT FOR
OVER 15 YEARS, IS A, AS I SAID, A VERY DISTINGUISHED NEW YORKER. I KNOW
MS. PELLEGRINO IS EXCITED TO HAVE HIM IN THE CHAMBERS TO OBSERVE OUR
LEGISLATIVE PROCEEDINGS.
IF YOU WOULD PLEASE EXTEND ALL THE PRIVILEGES OF THE
FLOOR TO MR. HENRY.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
26
NYS ASSEMBLY JUNE 12, 2018
OF MS. PELLEGRINO, 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. OUR CONGRATULATIONS ON SUCH GREAT SERVICE TO THE CITY OF
NEW YORK. CONTINUE THAT GREAT SERVICE. WE ARE SO PLEASED TO HAVE
YOU. FEEL FREE TO COME BACK WHENEVER YOU WANT. THANK YOU SO VERY
MUCH.
(APPLAUSE)
AND WE ALSO EXTEND GREETINGS TO ALL OF YOUR
COLLEAGUES WHO HAVE JOINED YOU TODAY, PARTICULARLY THE SMALLEST ONE.
(LAUGHTER)
I -- WE PRESUME THAT WAS A MARSHAL IN TRAINING, AND
WE HOPE THAT YOU, TOO, WILL ENJOY TODAY AND HAVE EXTENDED THE
PRIVILEGES OF THE FLOOR TO YOU. CONTINUE THE GREAT WORK THAT YOU
GENTLEMEN ARE DOING IN PRESERVING AND SAVING THE LIVES OF OUR CITIZENS.
THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. I HAVE THE -- THE GREAT HONOR AND PRIVILEGE OF INTRODUCING THE
FAMILY OF OUR MAJORITY LEADER, JOE MORELLE. AND JOINING US TODAY IN
THE CHAMBER ARE HIS WIFE, MARY BETH MORELLE; HIS MOTHER, JULIETTE
MORELLE; HIS SON, JOSEPH MORELLE, JR. -- NOT WHERE SURE HE CAME UP
WITH THAT NAME --
(LAUGHTER)
-- BUT APPARENTLY IS FOLLOWING IN SOMEWHAT IN THE
27
NYS ASSEMBLY JUNE 12, 2018
FOOTSTEPS OF HIS FATHER, BECAUSE JOE, JR. IS A MONROE COUNTY
LEGISLATOR. ALSO, HIS LOVELY -- JOE'S LOVELY DAUGHTER-IN-LAW AND JOE,
JR'S WIFE, NICOLE; AND HIS SISTER, GAIL MORELLE. IT'S ALWAYS, OF COURSE, A
GREAT PLEASURE WHEN WE SEE THE FAMILY OF ONE OF OUR MEMBERS HERE.
AND WE CERTAINLY APPRECIATE ALL THEY'VE DONE TO ALLOW MR. MORELLE TO
SERVE WITH US.
SO, IF YOU WOULD PLEASE EXTEND THE GREETINGS AND
HOSPITALITY OF OUR CHAMBER, I WOULD CERTAINLY APPRECIATE IT.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
THIS DISTINGUISHED FAMILY HERE TO THE NEW YORK STATE ASSEMBLY,
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. AND COMING FROM SOMEONE
WHO HAS SAID "MORELLE" MORE TIMES THAT I CAN COUNT --
(LAUGHTER)
-- IT IS A PLEASURE TO HAVE YOU WITH US. WE KNOW THAT
YOU ARE A CLOSE FAMILY, AND A FAMILY THAT IS BONDED BY LOVE. AND
CLEARLY, JOE WOULD NOT BE ABLE TO DO WHAT HE DOES IF IT -- YOU WERE NOT
BEHIND HIM. THANK YOU FOR THAT SUPPORT. THANK YOU FOR SHARING HIM
WITH US. THANK YOU.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09910, RULES REPORT
NO. 112, ABBATE, COLTON. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
SECURITY LAW, IN RELATION TO ELIGIBILITY FOR RETIREMENT BENEFITS FOR
CERTAIN MEMBERS OF THE UNIFIED COURT SYSTEM.
28
NYS ASSEMBLY JUNE 12, 2018
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. 9921-A --
ACTING SPEAKER AUBRY: HOLD ONE MINUTE.
MR. MORELLE. ONE MORE TIME.
MR. MORELLE: YES, THANK YOU, MR. SPEAKER.
FIRST OF ALL, IF WE COULD LET MEMBERS OF THE TRANSPORTATION COMMITTEE
KNOW THAT MR. PERRY IS PREPARED TO CONDUCT THAT MEETING IN THE
SPEAKER'S CONFERENCE ROOM. TRANSPORTATION IN THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER AUBRY: TRANSPORTATION,
SPEAKER'S CONFERENCE ROOM.
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, SIR, FOR ALLOWING AN
INTERRUPTION TO INTRODUCE SOME VERY DISTINGUISHED GUESTS IN THE
CHAMBER. FIRST OF ALL, AS GUESTS OF MS. WALKER WE HAVE A NUMBER OF
MEMBERS OF THE -- WHO ARE AFRICAN-AMERICAN CLERGY IN BROOKLYN, AND
I WANT A MOMENT TO INTRODUCE THEM, IF I CAN, BEGINNING WITH OVERSEER
ALONZO JORDAN AND PASTOR ANDREA JACKSON-JORDAN FROM GOD'S OPEN
29
NYS ASSEMBLY JUNE 12, 2018
HOUSE FOR EVERYONE IN -- IN BROOKLYN. WE'RE ALSO JOINED BY THE
REVEREND DR. DWAYNE BARNES, WHO'S PRESIDENT OF MORE THAN
CONQUERERS. AND FROM HIS MAJESTY INTERNATIONAL FELLOWSHIP, BISHOP
STEVE BELGROVE AND PASTOR ROSE SAMUEL. AND AS WELL FROM THE UNITED
BAPTIST CHURCH, PASTOR EDDIE KARIM. WE ARE DELIGHTED TO HAVE THESE
DISTINGUISHED INDIVIDUALS IN THE CHAMBER, APPRECIATE ALL THE WORK THEY
DO IN BROOKLYN TO GIVE SPIRITUAL GUIDANCE TO MEMBERS OF THEIR
CONGREGATION AND WE'RE DELIGHTED TO HAVE THEM IN THE CHAMBERS TODAY.
IF YOU WOULD PLEASE EXTEND ALL THE CORDIALITIES OF THE
HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. WALKER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DISTINGUISHED GROUP OF CLERGY HERE TO THE NEW YORK STATE ASSEMBLY.
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. OUR GRATITUDE FOR THE
WORK THAT YOU'RE DOING IN BROOKLYN TO ENSURE THE SPIRITUAL HEALTH OF
YOUR COMMUNITIES. THANK YOU SO VERY MUCH TO CONTINUE THAT WORK.
YOU ARE ALWAYS WELCOME HERE. THANK YOU.
(APPLAUSE)
MR. MORELLE.
MR. MORELLE: YES, THANK YOU, MR. SPEAKER. LET
ME ALSO TAKE A MOMENT TO INTRODUCE A SPECIAL GUEST OF MS.
SEAWRIGHT'S. WE ARE JOINED BY REBECCA WAX, WHO IS A LIFELONG
CONSTITUENT, LIVES ON THE EAST SIDE OF THE -- ON THE -- OF MANHATTAN,
EAST SIDE OF THE CITY, AND IS A FIREFIGHTER AT THE DEPARTMENT -- FDNY,
AND WORKS IN THE HEADQUARTERS OF THE FIRE DEPARTMENT IN NEW YORK
30
NYS ASSEMBLY JUNE 12, 2018
CITY, AND IS WITH THE GOVERNMENTAL AFFAIRS DEPARTMENT -- OR DID WORK
IN THE GOVERNMENTAL AFFAIRS. I UNDERSTAND NOW IS AT A FIREHOUSE IN
QUEENS, PROTECTING THE GOOD PEOPLE OF THE BOROUGH OF QUEENS.
SO, WE WOULD LOVE TO HAVE YOU EXTEND, ON BEHALF OF
MS. SEAWRIGHT, TO THIS CONSTITUENT AND FIREFIGHTER, ALL THE PRIVILEGES OF
THE FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. SEAWRIGHT, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. THANK YOU FOR THE WORK THAT YOU'RE DOING IN QUEENS TO
PROTECT YOUR COMMUNITIES, AND HOPE THAT YOU HAVE HAD AN EXCELLENT
DAY HERE IN ALBANY. THANK YOU SO VERY MUCH FOR COMING.
(APPLAUSE)
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. AS I
INDICATED EARLIER, WE HAVE A NUMBER OF BILLS IN OUR CRIMINAL JUSTICE
PACKAGE. I WOULD LIKE TO BEGIN WITH THE FIRST ONE NOW OFF THE DEBATE
LIST, WHICH WOULD BE CALENDAR NO. 347 BY MS. BICHOTTE. THAT CAN BE
FOUND ON PAGE 38 OF THE MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04879, CALENDAR NO.
347, BICHOTTE, GANTT, MOSLEY, GOTTFRIED, BLAKE, WALKER, COOK, PERRY,
PRETLOW, ORTIZ, DINOWITZ, LIFTON, PEOPLES-STOKES, HEVESI,
L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ, QUART, KIM, DAVILA,
PICHARDO, SIMON, BARRON, SEAWRIGHT, JOYNER, HYNDMAN, JAFFEE,
31
NYS ASSEMBLY JUNE 12, 2018
D'URSO, DE LA ROSA, AUBRY, TAYLOR. AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO ETHNIC OR RACIAL PROFILING.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER. FOR AN
EXPLANATION ON THIS BILL, RACIAL AND ETHNIC PROFILING OCCURS WHEN LAW
ENFORCEMENT AUTHORITIES TARGET PARTICULAR INDIVIDUALS BASED NOT ON THEIR
BEHAVIOR, BUT RATHER, ON THE BASIS OF THEIR PERSONAL CHARACTERISTICS, SUCH
AS RACE, ETHNICITY, NATIONAL ORIGIN OR RELIGION. RACIAL AND ETHNIC
PROFILING IS AN UNJUST AND INEFFECTIVE METHOD OF LAW ENFORCEMENT. IT
MAKES US LESS SAFE AND LESS SECURE, NOT MORE SO. RACIAL AND ETHNIC
PROFILING IS, NONETHELESS, PERVASIVE. IT HAS BEEN USED BY THE LAW
ENFORCEMENT AUTHORITIES AT THE FEDERAL, STATE AND LOCAL LEVEL.
UNDER THIS BILL, LAW ENFORCEMENT OFFICERS -- THAT IS
STATE AND LOCAL POLICE AND PEACE OFFICERS -- WOULD BE PROHIBITED FROM
USING RACIAL OR ETHNIC PROFILING WHILE ENGAGING IN THEIR LAW
ENFORCEMENT DUTIES. THIS INCLUDES WHEN OFFICERS CONDUCT TRAFFIC STOPS,
PEDESTRIAN STOPS, INTERVIEWS, ASK QUESTIONS, CONDUCT INVESTIGATIONS,
FRISK, PAT DOWNS, SEARCHES OF INDIVIDUALS AND PROPERTY, DATA COLLECTION
AND INSPECTIONS. THIS DOES NOT INCLUDE WHEN AN OFFICER ACTS ON
TRUSTWORTHY INFORMATION -- ALSO KNOWN AS "REASONABLE ARTICULABLE
SUSPICION" -- TO INVESTIGATE A SPECIFIC CRIMINAL EVENT. THIS DOES -- THIS
BILL WILL ALLOW ANY VICTIM OF RACIAL OR ETHNIC PROFILING OR THE ATTORNEY
GENERAL TO BRING AN ACTION FOR DAMAGES OR FOR INJUNCTIVE RELIEF TO STOP
THE AGENCY'S IMPROPER ACTIONS. CURRENT STATE LAW DOES NOT PROVIDE FOR
32
NYS ASSEMBLY JUNE 12, 2018
AN INDIVIDUAL CASE -- FOR INDIVIDUAL CAUSE OF ACTION FOR ACTS OF RACIAL
PROFILING. THE DIVISION OF CRIMINAL JUSTICE SERVICES WOULD BE
REQUIRED TO CREATE A FORM FOR LAW ENFORCEMENT AGENCIES TO USE TO
COMPILE DATA ABOUT INVESTIGATIVE ENCOUNTERS AND TRAFFIC STOPS WITH
CIVILIANS. ALTHOUGH A FIELD INTERROGATION REPORT MAY BE FILLED OUT,
PERTINENT DATA ABOUT THE INVESTIGATIVE REPORT, WHETHER IT DETERMINES A
REASONABLE ARTICULABLE SUSPICION, IS NOT ON THE FORM. THE INFORMATION
RECORDED WOULD INCLUDE SUCH THINGS AS THE NUMBER OF PEOPLE STOPPED;
THE RACE, ETHNICITY, NATIONAL ORIGIN AND RELIGION OF SUCH PERSONS. THIS
INFORMATION WOULD BE RECORDED BASED ON OBSERVATION AND PERCEPTION,
NOT QUESTIONING; WHETHER OR NOT THERE WAS THE RISK OR SEARCH; WHETHER
THE STOP RESULTED IN ARREST OR CITATION; AND THE LENGTH OF THE STOP. THIS
IS THE SAME TYPE OF INFORMATION NYPD CURRENTLY REQUIRES ITS OFFICERS TO
RECORD. SO, THIS WOULD NOT IMPEDE LAW ENFORCEMENT OFFICERS IN THEIR
REGULAR DUTIES. IN FACT, IT PROTECTS THE LAW ENFORCEMENT OFFICER AGAINST
ANY LAWSUIT IF SHE OR HE HAS LEGITIMATE REASON THAT IT IS REASONABLE
ARTICULABLE SUSPICION TO INVESTIGATE A SPECIFIC CRIME EVENT. THIS
REQUIREMENT WAS IMPOSED ON NYPD IN 2003 FOLLOWING A LAWSUIT IN
FEDERAL COURT ALLEGING DISCRIMINATORY ACT -- PRACTICES. IN FACT,
CURRENTLY, THE NYPD POLICY BASED ON A SETTLEMENT IN THAT THE FEDERAL
COURT CASE REQUIRES MORE INFORMATION FROM OFFICERS APPLIES TO EVERY
CIVILIAN ENCOUNTER, AND IT MANDATES THAT OFFICERS PROVIDE A TICKET STUB
WITH THE REASON FOR THE STOP TO THE INDIVIDUAL SO STOPPED. THE NYPD
ALSO PUBLISHES SUCH DATA ON ITS WEBSITE FOR PUBLIC VIEWING.
THE INFORMATION GATHERED UNDER THIS BILL WOULD BE
33
NYS ASSEMBLY JUNE 12, 2018
COMPILED INTO THE REPORT THAT THE DIVISION OF CRIMINAL JUSTICE SERVICES
WOULD THEN SEND TO THE GOVERNOR AND LEGISLATURE. THE DIVISION OF
CRIMINAL JUSTICE SERVICES WOULD ALSO ESTABLISH A WAY FOR THE PUBLIC TO
VIEW THIS DATA -- PUBLIC -- THIS DATA. PUBLIC ACCESS TO SUCH DATA IS
CURRENTLY THE PRACTICE OF MANY, MANY POLICE DEPARTMENTS IN THIS STATE.
AGAIN, THIS BILL WAS INFLUENCED AFTER THE FLOYD, ET AL V.
NEW YORK CITY CASE WHERE A LAWSUIT WAS FILED FOR THE DISPROPORTIONATE
NUMBER OF BLACKS AND LATINOS STOPPED FOR ABSOLUTELY NO OTHER REASON
THAN BECAUSE OF THEIR RACIAL AND ETHNICITY. IN 2012, RACIAL MINORITIES
ACCOUNTED FOR 92 PERCENT OF ALL STOP-AND-FRISK INCIDENTS. THE COURT
FOUND IT WAS A VIOLATION OF THE U.S. CONSTITUTION CORE PRACTICES, THE
14TH AMENDMENT, EQUAL PROTECTION CLAUSE UNDER THE LAW TO ALL, AND THE
4TH AMENDMENT, FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES, AS
WELL AS THE 5TH AMENDMENT, WITHOUT ANY DUE PROCESS OF THE LAW. IN
FACT, NEW YORK ATTORNEY'S (SIC) GENERAL REPORT FOUND THAT ONLY 1.5
PERCENT OF ALL STOP-AND-FRISK ARRESTS RESULTED IN JAIL OR PRISON SENTENCE.
AND JUST -- AND 50 STOP-AND-FRISK ARRESTS, POINT ONE PERCENT --
ACTING SPEAKER AUBRY: MS. -- MS. BICHOTTE,
YOU HAVE EXPIRED THE TIME IN WHICH TO EXPLAIN THE VOTE. YOU CAN
COME BACK AND EX -- AND BE ON THE BILL AT A LATER POINT IN TIME.
MS. BICHOTTE: OKAY. VERY FEW STOP-AND-FRISKS
RESULT IN ANY CONVICTIONS. THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH. AND THANK
YOU VERY MUCH TO THE SPONSOR. WOULD SHE YIELD FOR QUESTIONS?
34
NYS ASSEMBLY JUNE 12, 2018
MS. BICHOTTE: SURE.
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
BICHOTTE?
MS. BICHOTTE: YES.
ACTING SPEAKER AUBRY: MS. BICHOTTE WILL
YIELD.
MR. GOODELL: THANK YOU, MS. BICHOTTE. AND
THANK YOU FOR THAT DETAILED EXPLANATION. I THINK THAT WAS VERY HELPFUL.
YOU MENTIONED IN YOUR INITIAL EXPLANATION THIS IS ALREADY THE LAW IN
NEW YORK CITY?
MS. BICHOTTE: CORRECT.
MR. GOODELL: AND SO, THIS BILL WOULD ONLY AFFECT
THOSE DISTRICTS OUTSIDE OF NEW YORK CITY, CORRECT?
MS. BICHOTTE: CORRECT.
MR. GOODELL: AND YOU'RE -- AND YOU'RE FROM NEW
YORK CITY?
MS. BICHOTTE: I'M FROM NEW YORK CITY, YES.
MR. GOODELL: OKAY. YOU MENTIONED THE
PROBLEM WITH STOP-AND-FRISK. THAT PROGRAM HAS ENDED AS WELL?
MS. BICHOTTE: I'M SORRY?
MR. GOODELL: THE STOP-AND-FRISK PROGRAM THAT
WAS IN NEW YORK CITY, THAT'S ENDED AS WELL?
MS. BICHOTTE: THE WAY IT WAS APPLIED, BASED ON
RACIAL -- RACIAL PROFILING, YES, THAT WAS THE INTENT. THAT DOESN'T MEAN
THAT IT'S NOT NECESSARILY BEING PRACTICED. BUT YES, THAT WAS THE INTENT,
35
NYS ASSEMBLY JUNE 12, 2018
TO PUT IN POLICIES IN PLACE.
MR. GOODELL: SINCE THIS POLICY WILL ONLY APPLY
UPSTATE, DO YOU HAVE ANY DATA ON THE NATURE OR EXTENT OF THIS ISSUE
UPSTATE? FOR EXAMPLE, IN MY DISTRICT OR ACROSS THE SOUTHERN TIER, IN
THE ADIRONDACKS OR OUTSIDE OF NEW YORK CITY?
MS. BICHOTTE: YES, THERE'S BEEN MANY CASES.
FIRST OF ALL, IT DOES NOT ONLY IMPACT UPSTATE. IT -- THERE'S LONG ISLAND,
THERE'S OTHER SURROUNDING AREAS THAT ARE NOT CONSIDERED UPSTATE. IN
FACT, IN BUFFALO WE HAD AN ISSUE WHERE THERE WERE A NUMBER OF STOP-
AND-FRISKS THAT WERE OCCURRING, AND THERE WAS A LAWSUIT THAT WAS
PROVIDED, AND WE WERE ACTUALLY ASKING FOR DATA. AFTER MANY YEARS, WE
HAVE STILL HAVEN'T RECEIVED THE DATA ON THE STOP-AND-FRISK, AND ONLY, I
BELIEVE, LIKE, 30 PERCENT OF DATA OF CERTAIN AREAS WERE -- WERE
PROVIDED. SO, THIS IS HAPPENING THROUGHOUT THE STATE. ONE OF THE
REASONS WHY WE ARE PUSHING THIS BILL IS BECAUSE WE WANT IT TO BE A
MORE TRANSPARENT PROCESS. WHEN PEOPLE ARE STOPPED AND FRISKED, WE
WANT TO KNOW WHY THEY'RE BEING STOPPED, QUESTIONED AND FRISKED. SO
THAT'S WHY WE'RE PUTTING THIS POLICY SO THAT WE HAVE MORE TRANSPARENCY
WHEN LAW ENFORCEMENT ARE RANDOMLY STOPPING PEOPLE.
MR. GOODELL: WELL, YOU MENTIONED THAT CERTAINLY
THIS HAS ALREADY BEEN ADDRESSED IN NEW YORK CITY. HAVE ANY OTHER
LOCAL GOVERNMENTS ENACTED COMPARABLE PROVISIONS? FOR EXAMPLE, IN
THE CITY OF BUFFALO, THE EXAMPLE YOU GAVE, THAT WOULD ALREADY
IMPLEMENT THIS ON THEIR OWN AUTHORITY.
MS. BICHOTTE: THEY HAVEN'T DONE YET -- I MEAN,
36
NYS ASSEMBLY JUNE 12, 2018
THEY'RE -- THEY'VE BEEN VERY RELUCTANT TO GIVING US DATA. SO NO, THEY
HAVEN'T.
MR. GOODELL: NOW, OF COURSE LOCAL GOVERNMENT
HAS PRETTY BROAD AUTHORITY OVER THEIR OWN POLICE DEPARTMENT, RIGHT?
SO, THERE'S NO LEGAL IMPEDIMENT PREVENTING, AS AN EXAMPLE, THE CITY OF
BUFFALO, FROM DOING THAT, OR THE STATE POLICE FROM IMPLEMENTING IT
STATEWIDE. IS THAT CORRECT?
MS. BICHOTTE: CORRECT.
MR. GOODELL: SO, THIS LEGISLATION IS NOT NEEDED TO
AUTHORIZE LOCAL GOVERNMENTS, AND NEW YORK HAS ALREADY DONE IT. I -- I
FIND IT INTERESTING, I THINK THERE'S 12 DIFFERENT CHARACTERISTICS THAT HAVE
TO BE FILLED OUT FOR EVERY STOP? IS THAT CORRECT?
MS. BICHOTTE: THERE ARE A NUMBER OF DIFFERENT
CHARACTERISTICS, YES. AGAIN, AS MENTIONED IN MY EXPLANATION, MANY OF
THESE ARE ALREADY DONE AS PART OF THEIR STOP DUTIES --
MR. GOODELL: AND --
MS. BICHOTTE: -- OF THE LAW ENFORCEMENT.
MR. GOODELL: AND ONE OF THOSE THINGS WHICH YOU
MENTIONED DEALS WITH ETHNICITY, NATIONAL ORIGIN AND RELIGION. NOW,
UNLESS SOMEONE IS WEARING RELIGIOUS GARB, THERE'S NO WAY TO TELL WHAT A
PERSON'S RELIGION IS, IS THERE? UNLESS YOU ASK THEM.
MS. BICHOTTE: UNLESS YOU ASK THEM. BUT, YOUR --
MR. GOODELL: BUT THIS LAW SAYS YOU SHOULDN'T
ASK.
MS. BICHOTTE: I'M SORRY?
37
NYS ASSEMBLY JUNE 12, 2018
MR. GOODELL: BUT THIS BILL SAYS THAT THAT
IDENTIFICATION OF THEIR RELIGION SHOULD NOT BE BASED ON AN INQUIRY,
CORRECT?
MS. BICHOTTE: CORRECT.
MR. GOODELL: AND LIKEWISE, THERE'S NO WAY TO TELL
SOMEONE'S NATIONAL ORIGIN, ABSENT AN INQUIRY, IS THERE?
MS. BICHOTTE: YOU CAN MAKE -- YOU CAN MAKE
YOUR BEST GUESS BASED ON WHAT YOU SEE WITH YOUR OWN TWO EYES.
MR. GOODELL: OKAY. THANK YOU FOR EXPLAINING
THE BILL. I -- I APPRECIATE YOUR COMMENTS.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I CERTAINLY APPRECIATE THE SPONSOR'S
DESIRE TO PREVENT RACIAL PROFILING. AND, INDEED, RACIAL PROFILING HAS
BEEN ILLEGAL IN NEW YORK STATE AND IN THE NATION FOR DECADES. EVER
SINCE THE CONSTITUTION WAS AMENDED WITH THE 14TH AMENDMENT, WE
ELIMINATED DISCRIMINATION BASED ON RACE, COLOR, CREED, NATIONAL ORIGIN,
SEX. ALL THAT'S ILLEGAL. WHILE THIS POLICY MAY MAKE PERFECT SENSE IN
NEW YORK CITY, IT DOESN'T NECESSARILY MAKE SENSE ACROSS NEW YORK
STATE. ONE SIZE DOES NOT NECESSARILY FIT ALL CIRCUMSTANCES. IN MY
COUNTY, WHERE MOST PEOPLE DRIVE TO AND FROM WHEREVER THEY'RE GOING
AS OPPOSED TO TAKING THE SUBWAY OR WALKING -- WE DON'T HAVE ANY
SUBWAYS -- IT'S A LONG WAYS IN A RURAL COUNTRYSIDE TO WALK. SO WITH THE
EXCEPTION OF THE AMISH, WHO MIGHT GO BY HORSE AND BUGGY, EVERYONE
38
NYS ASSEMBLY JUNE 12, 2018
ELSE GOES BY CAR. WHEN YOU PULL OVER A CAR OR WHEN YOU'RE FOLLOWING A
CAR, IT IS ALMOST IMPOSSIBLE TO TELL THE AGE, RACE, RELIGION, SEX, NATIONAL
ORIGIN, ETHNICITY OR RELIGION OF THE DRIVER. IN FACT, ALL YOU SEE IS THE
BACK OF THE SEAT. AND SO TRAFFIC STOPS, CERTAINLY IN MY DISTRICT AND IN
MOST OF UPSTATE, ARE NOT BASED ON ANY OF THOSE CRITERIA BECAUSE YOU
CAN'T EVEN SEE. BUT WHAT IS CERTAIN ABOUT THIS BILL IS IT WOULD REQUIRE
EVERY SINGLE STOP, FOR THE OFFICER TO COMPLETE OUT A DETAILED FORM THAT
REQUESTS 12 DIFFERENT CATEGORIES OF INFORMATION. AND THOSE 12
CATEGORIES HAVE TO BE FILLED OUT EVEN IF THE OFFICER WAS JUST GIVING A
FRIENDLY WARNING. EVEN IF THE OFFICER WASN'T EVEN GIVING OUT A TICKET.
AND IT REQUIRES THE OFFICER TO MAKE AN EVALUATION NOT ONLY TO THE DRIVER
-- AND BY THE WAY, THERE'S A HALF-DOZEN CHARACTERISTICS FOR THE DRIVER --
BUT FOR EVERY PASSENGER. WHICH MEANS IF THE STOP IS AT NIGHT, THIS BILL
WOULD FORCE THE OFFICER TO TAKE HIS FLASHLIGHT AND SHINE IT ON EVERY
SINGLE PERSON IN THE CAR. TALK ABOUT AN INTRUSIVE STOP JUST TO GIVE A
FRIENDLY WARNING. AND THEN, ALL THIS DATA HAS TO BE COMPILED. AND
WHILE IN NEW YORK CITY THEY MAY HAVE TENS OF THOUSANDS OF
EMPLOYEES, IN THE RURAL SECTIONS OF OUR STATE, OUR POLICE DEPARTMENTS
ARE VERY SMALL. AND SO, IT IS A SUBSTANTIAL UNFUNDED MANDATE THAT IS
PROBABLY UNNECESSARY IN MOST OF OUR UPSTATE JURISDICTIONS, AND WHICH
CAN BE ADDRESSED BY LOCAL LAW IN THOSE AREAS WHERE THEY FEEL THERE IS A
PARTICULAR NEED. SO, I'VE NEVER REALLY BEEN KEEN ON UNFUNDED MANDATES
ON OUR LOCAL GOVERNMENTS. IN MY DISTRICT WHERE WE HAVE 92 PERCENT
WHITE, I DON'T WANT MY OFFICERS SPENDING AN EXTRA 10 OR 15 MINUTES ON
EVERY STOP, FILLING OUT THE FORM THAT SAYS "WHITE ANGLO-SAXON
39
NYS ASSEMBLY JUNE 12, 2018
PROTESTANT." THEY'RE NOT DOING RACIAL PROFILING FOR THAT ENTIRE CATEGORY
BECAUSE THEY'RE ALL IN THAT SAME CATEGORY THEMSELVES. AND SO IT IS A
COLOSSAL WASTE OF TIME IN MY DISTRICT, AND MY GUESS IS IN A LOT OF
UPSTATE DISTRICTS.
SO, LOCAL MUNICIPALITIES CAN DO IT IF THEY WISH. IT'S
ALREADY ILLEGAL, BUT THIS IS AN EXPENSIVE UNFUNDED STATE MANDATE THAT
WILL BURDEN OUR LAW ENFORCEMENT. AND FOR THOSE REASONS AND OTHERS, I
WILL NOT BE SUPPORTING THIS. THANK YOU VERY MUCH, MR. SPEAKER. AND
AGAIN, THANK YOU TO MY COLLEAGUE FOR HER CONCERN ON THIS ISSUE.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. BICHOTTE TO EXPLAIN HER VOTE.
MS. BICHOTTE: THANK YOU MR. SPEAKER. IT'S JUST
-- IT'S WITH GREAT PLEASURE AND PASSION THAT I SPONSOR THIS PIECE OF
LEGISLATION WHICH PROHIBITS LAW ENFORCEMENT OFFICERS FROM USING RACIAL
AND ETHNIC PROFILING. THIS BILL, AGAIN, WOULD ESTABLISH A COLLECTION OF
DATA ON TRAFFIC STOPS. THESE ARE DUTIES AND -- THAT ARE DONE ALREADY IN
THE POLICE DEPARTMENT AND LAW ENFORCEMENT. DATA COLLECTION IS WHAT
MODERN POLICE DEPARTMENTS AND LAW ENFORCEMENT AGENCIES DO. SO, IF
DATA CANNOT BE -- CAN BE COLLECTED TO PREVENT CRIME AND CATCH
CRIMINALS, WHY CAN'T IT BE COLLECTED TO PROTECT OUR CONSTITUTIONAL RIGHT?
40
NYS ASSEMBLY JUNE 12, 2018
AS YOU KNOW, WE HAVE CONSTITUTIONAL LAWS IN PLACE: OUR 14TH
AMENDMENT, 4TH AMENDMENT, 5TH AMENDMENT. BUT EVERY DAY IN OUR
LIVES IN OUR COMMUNITIES, THESE CONSTITUTIONS -- THE RIGHTS OF OUR
PEOPLE ARE STILL BEING VIOLATED. THAT'S WHY IT IS OUR FIDUCIARY
RESPONSIBILITY TO PUT LAWS IN PLACE THROUGHOUT THE STATE, TO PUSH AND
MAKE SURE THAT WE'RE PROTECTING THE RIGHTS OF OUR -- OUR CITIZENS.
SO, WITH THAT, MR. SPEAKER, I AM VOTING IN THE
AFFIRMATIVE OF THIS BILL, AND I WOULD ASK AND CERTAINLY HOPE THAT ALL MY
COLLEAGUES DO SO. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MS. BICHOTTE IN
THE AFFIRMATIVE.
MR. BARRON TO EXPLAIN HIS VOTE.
MR. BARRON: YOU KNOW, IT'S INCREDIBLE. I -- I
WONDER IF ANY PEOPLE OF COLOR, BLACK OR LATINO, IS IN MY COLLEAGUE'S
DISTRICT, IF THEY AGREE WITH HIM, THAT POLICE CAN'T TELL WHO THEY ARE. IT'S
INCREDIBLE -- IT'S INCREDIBLE TO THINK THAT A POLICE OFFICER CANNOT IDENTIFY
SOMEBODY BLACK OR LATINO, OR WEARING SOMETHING THAT THEY MAY
PERCEIVE IS OF A RELIGIOUS -- YOU CAN NEVER GET RID OF RACISM BEING IN
DENIAL THAT IT EXISTS. HE'S IN DENIAL THAT IT EVEN EXISTS. WHAT? I'VE
NEVER HEARD THIS BEFORE. THEY'RE RIDING SO FAR BEHIND THE CAR THAT THEY
CAN'T SEE WHETHER THE PERSON IS BLACK OR LATINO, OR ANOTHER PERSON OF
COLOR BECAUSE THE HEAD -- THE HEAD IS -- THEY'RE LOOKING AT THE BACK OF
THEIR HEAD AND NOTHING ELSE. LIKE THE POLICE WILL NEVER PULL UP NEXT TO
A CAR OR SEE SOMEBODY, RIDE BY AND SEE THEM IN THE FRONT. THIS IS
INCREDIBLY RIDICULOUS. WE CANNOT GET RID OF RACISM DENYING THAT IT
41
NYS ASSEMBLY JUNE 12, 2018
EXISTS. THE VERY LEAST YOU SHOULD BE ABLE TO DO IS TO SAY THAT THIS LAW
APPLIES EVERYWHERE. THERE ARE PEOPLE OF COLOR ALL OVER THE STATE.
THERE ARE BLACK PEOPLE, ASIAN PEOPLE, LATINO PEOPLE ALL OVER THE
STATE. THERE ARE OTHER GROUPS. AND WE ARE GETTING DISPROPORTIONATELY
STOPPED. NOT -- AND I -- AND I CAUTION OUR PEOPLE TO STOP SAYING, YOU
KNOW, DRIVING WHILE BLACK IS THE REASON WHY THEY'RE STOPPING US. NO.
WE'RE DRIVING PAST RACISTS. THAT WHY THEY'RE STOPPING US, BECAUSE THEY
ARE RACIST. THERE'S NOTHING WRONG WITH OUR BLACKNESS, THERE'S
SOMETHING WRONG WITH THEIR RACISM. SO, WE'RE DRIVING WHILE AROUND
RACISTS, AND THEY'RE STOPPING US. AND THAT'S THE PROBLEM. THIS LAW IS A
GOOD THING FOR THE ENTIRE STATE. WE HAVE TO DO FAR MORE TO DEAL WITH
THIS RACISM. BUT WHEN YOU'RE STOPPED, AND AS MY COLLEAGUE SAID, AND
THEY PUT THE FLASHLIGHT IN YOUR CAR, THAT'S EMBARRASSING, IT'S INSULTING.
IT'S -- IT'S JUST RIDICULOUS.
SO, WE GOT TO END THIS RACIST PROFILING. IT'S NOT JUST
STOP, QUESTION AND FRISK, IT'S RACIAL PROFILING. I COMMEND MY COLLEAGUE
FOR THIS BILL, AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. RIVERA TO EXPLAIN
HIS VOTE.
MR. RIVERA: THANK YOU, MR. SPEAKER. ON THIS BILL
-- ON THIS BILL, LET ME PUT IT THIS WAY: I AM TIRED OF BEING TIRED. I AM
TIRED OF NO JUSTICE, NO PEACE. WHAT I'M NOT TIRED OF IS KEEP HOPE ALIVE.
SO, HERE I AM -- AS I VOTE YES, I'M KEEPING HOPE ALIVE BY HOPING THAT
THIS GREAT STATE OF OURS, WE GOTTA UNDERSTAND AND SEE THAT WE DO HAVE A
PROBLEM. AND THE -- WITH THIS BILL -- AND I CONGRATULATE THE SPONSOR,
42
NYS ASSEMBLY JUNE 12, 2018
THAT WE CAN CONVINCE EVERYONE -- LISTEN, WE ARE IN THIS GREAT STATE, THIS
GREAT CITY, NEW YORK. WE LIVE TOGETHER, WE CAN LOOK OUT FOR EACH
OTHER. BUT WE CANNOT FEEL THAT WE ARE BEING SINGLED OUT AND BEING
HARASSED.
SO HAVING SAID THAT, I'M GLAD I KEPT UNDER THE
TWO-MINUTE LIMIT, AND I'M VOTING YES. THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. RIVERA IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK WILL READ -- NO, EXCUSE ME.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO -- BEFORE WE CONTINUE, WE HAVE SOME VERY DISTINGUISHED GUESTS
OF MS. PHEFFER AMATO WHO HAVE JOINED US, MEMBERS OF THE NEW YORK
CITY FIRE DEPARTMENT. AND WE'RE DELIGHTED WE HAVE SO MANY GUESTS
FROM THE --FROM THE FIRE DEPARTMENT HERE THIS AFTERNOON. BUT WE HAVE
A NUMBER OF GUESTS FROM ENGINE COMPANIES 264, 268, 328, 329, AS
WELL AS LADDER COMPANY 137, AND I'D LIKE TO TAKE A MOMENT TO
ACKNOWLEDGE THESE DISTINGUISHED NEW YORKERS. WE'RE JOINED BY BRIAN
MARTIN, JOHN PETERS, GENE PHILCOX, BOBBY MCCORMACK, KEVIN
WILLIAMS, CHRIS WHITE, MIKE COOGAN, JOE HENDERSON, EVAN DAVIS,
EMANUEL KENNA, HASIM CRUZ AND STEVE LYNCH. I KNOW THAT MS.
43
NYS ASSEMBLY JUNE 12, 2018
PHEFFER AMATO IS DELIGHTED TO HAVE THEM IN THE CHAMBER, AS ARE WE,
AND IF YOU'D PLEASE EXTEND ALL THE CORD -- CORDIALITIES OF THE HOUSE TO
THIS DISTINGUISHED GROUP OF FIREFIGHTERS.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. PHEFFER AMATO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME
YOU HERE, GENTLEMEN, TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. WE THANK YOU FOR THE SERVICE THAT YOU
PROVIDE US IN THE CITY OF NEW YORK, PARTICULARLY IN QUEENS, AND HOPE
THAT YOU WILL CONTINUE THAT SERVICE. AND WE WILL COUNT ON YOU TO KEEP
US SAFE. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. -- MR. MORELLE.
MR. MORELLE: YES, THANK YOU, SIR. I'D LIKE TO
CONTINUE OUR WORK ON CRIMINAL JUSTICE BY TAKING UP ON PAGE 66 OF THE
MAIN CALENDAR, CALENDAR NO. 711 BY MR. MOSLEY.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09787, CALENDAR NO.
711, MOSLEY, HEASTIE, GOTTFRIED, GANTT, COOK, PERRY, PRETLOW,
DINOWITZ, LIFTON, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ, KIM,
PICHARDO, WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, HYNDMAN,
JAFFEE, JEAN-PIERRE. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO GRAND JURY PROCEEDINGS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. MOSLEY.
MR. MOSLEY: THANK YOU, MR. SPEAKER. THIS BILL,
44
NYS ASSEMBLY JUNE 12, 2018
THE LEGISLATION IS DESIGNATED TO FOSTER PUBLIC CONFIDENCE IN THE JUDICIAL
SYSTEM IN SEVERAL WAYS: FIRST, IN ALL CASES, IT EXPRESSLY AUTHORIZES THE
PRESENCE OF A SUPERIOR COURT JUDGE IN A GRAND JURY ROOM EXCEPT DURING
DELIBERATION AND VOTING. UNDER EXISTING LAW, THE GRAND JURY IS
EMPANELED BY THE SUPERIOR COURT, AND CONSTITUTES A PART OF SUCH COURT.
THE JUDGE, ALONG WITH THE DISTRICT ATTORNEY, SERVES AS A LEGAL ADVISOR TO
THE GRAND JURY, THUS, IT IS APPROPRIATE THAT THE JUDGE BE AMONG THE
PERSONS AUTHORIZED TO BE IN THE GRAND JURY ROOM. AND, TWO, THIS BILL
WOULD ENHANCE PUBLIC TRUST IN OUR GRAND JURY PROCESS BY GRANTING THE
COURT THE AUTHORITY TO DISCLOSE GRAND JURY MATERIAL WHEN IT SERVES THE
PUBLIC INTEREST. CURRENTLY, WHEN AN INDICTMENT OCCURS, PUBLIC CHARGES
ARE FILED, AND THE PUBLIC GENERALLY LEARNS THE SPECIFIC CHARGES, AND AS
THE MATTER UNFOLDS, FURTHER DETAILS. HOWEVER, WHEN SUCH INDICTMENTS
OCCUR, ALL INFORMATION ABOUT THE PROCEEDING REMAINS SECRET, UNLESS
RELEASED UNDER CERTAIN LIMITED CIRCUMSTANCES. THIS LACK OF INFORMATION
AND CLOSED PROCESS OFTEN LEAVES INDIVIDUALS DISTRUSTFUL OF THE SYSTEM
AND SKEPTICAL OF ITS FAIRNESS.
ACTING SPEAKER AUBRY: MR. PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
MOSLEY?
MR. MOSLEY: YES, MR. SPEAKER. I WILL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. PALUMBO: THANK YOU, WALTER. AND I JUST
45
NYS ASSEMBLY JUNE 12, 2018
HAVE A FEW FAIRLY QUICK QUESTIONS.
MR. MOSLEY: CERTAINLY.
MR. PALUMBO: WITH REGARD TO THE NEED FOR A
SUPREME COURT OR SUPERIOR COURT JUDGE TO BE IN THE GRAND JURY AS
PROPOSED BY THIS BILL, CAN YOU JUST TELL US THE GENESIS OF THAT AND WHY
WE WOULD NEED THAT, IN LIGHT OF THE FACT THAT GRAND JURY PROCEEDINGS
ARE, OF COURSE, OVERSEEN AND RECORDED BY A STENOGRAPHER, AND IN THE
EVENT OF AN INDICTMENT, THE JUDGE ACTUALLY GETS TO, IN CAMERA, REVIEW
THE MINUTES SUBSEQUENTLY, IF, IN FACT, A TRUE BILL IS RENDERED?
MR. MOSLEY: WELL, ONE -- ONE OF THE THINGS THAT
WE FIND THAT MANY OF OUR -- OUR GRAND JURY PROCEEDINGS -- PARTICULARLY
WHEN IT DEALS WITH LAW ENFORCEMENT, AND OBVIOUSLY, YOU HAVE THE
GRAND -- YOU HAVE THE DISTRICT ATTORNEY'S OFFICE INVOLVED -- IS THAT THEY
BECOME SOMEWHAT DE FACTO TRIALS, WHERE WE HAVE PROCEEDINGS TAKING
PLACE UNDER A CLOAK OF SECRECY, WHILE AT THE SAME TIME UNDERSTANDING
THAT MANY OF THESE TRIALS -- AND I'LL SAY, FOR EXAMPLE, THE ERIC GARDNER
CASE IN 2014 IN STATEN ISLAND, WHERE MANY PEOPLE KNEW OF THE
INDIVIDUALS INVOLVED, THE PERSON WHO UNFORTUNATELY LOST THEIR LIVES, BUT
AN INDICTMENT WAS NOT GRANTED, BUT LEFT THE GENERAL PUBLIC UNEASY --
UNEASED AT HOW THE PROCEEDING MATERIALIZED, WHAT WITNESSES WERE
CALLED, WHAT WITNESSES WERE NOT CALLED. AND SUBSEQUENTLY, MANY IN
THE PUBLIC EYE, TO THIS VERY DAY, STILL HAVE AN UNEASED OPINION ABOUT --
OF THAT -- THAT PARTICULAR PROCEEDING. BUT UNFORTUNATELY, THIS IS NOT --
THIS IS JUST ONE OF MANY PROCEEDINGS THAT WE SEE ON A DAY -- DAILY BASIS,
NOT ONLY WITHIN NEW YORK CITY. BUT THROUGHOUT THE STATE OF NEW
46
NYS ASSEMBLY JUNE 12, 2018
YORK.
MR. PALUMBO: UNDERSTOOD. AND I -- I -- I GET THAT
POSITION. BUT THIS BILL CALLS, AND I'LL -- IF I COULD JUST DIRECT YOUR
ATTENTION ON PAGE 2, LINES ONE AND FOUR, FOR THE TESTIMONY OF ALL PUBLIC
SERVANTS IN LINE ONE; AND IN LINE FOUR, THE TESTIMONY OF ALL OTHER
PERSONS WHO TESTIFIED BEFORE THE GRAND JURY. SO THIS ISN'T JUST LIMITED
TO POLICE SITUATIONS --
MR. MOSLEY: RIGHT.
MR. PALUMBO: -- THIS IS -- THIS WILL BE -- COULD BE
PROVIDED, THIS INFORMATION, IN THE EVENT OF ANY OTHER TYPE OF GRAND JURY
PROCEEDING THAT INVOLVES A PUBLIC OFFICIAL, OR EVEN INVOLVES JUST AN
ORDINARY CITIZEN. AND COULD YOU JUST EXPLAIN TO US THE REASONS FOR THAT,
TO EXPAND IT THAT MUCH FURTHER, PLEASE?
MR. MOSLEY: WELL THIS IS A LIMITED DISCLOSURE.
OBVIOUSLY, THERE'S DISCRETION FROM THE JUDGE WHEN YOU'RE TALKING ABOUT
THE SAFETY OF LAW ENFORCEMENT OFFICERS WHO ARE STILL MAYBE UNDERCOVER
OPERATION, CONFIDENTIAL INFORMANTS. SO THIS IS NOT SOMETHING THAT IS
UNIFORM. THERE WILL STILL BE GIVEN DISCRETION BY THE -- BY THE COURTS TO
EXPOSE SUCH INFORMATION TO THE GENERAL PUBLIC, UNDERSTANDING THAT WE
FIRST AND FOREMOST HAVE TO KEEP THE SAFETY OF OUR LAW ENFORCEMENT,
THOSE TERTIARY PARTIES WHO WORK IN CONCERT WITH OUR LAW ENFORCEMENT
SAFE AND SECURE.
MR. PALUMBO: THANK YOU. AND THAT WOULD ALSO
INCLUDE, POTENTIALLY, UNDERCOVER WITNESSES, CONFIDENTIAL INFORMANTS. IF
IT'S INCLUDING ALL WITNESSES, THEN IT TRULY IS INCLUDING ALL. WOULD YOU
47
NYS ASSEMBLY JUNE 12, 2018
AGREE ON THAT?
MR. MOSLEY: CORRECT.
MR. PALUMBO: THANK YOU, MR. MOSLEY.
ON THE BILL, PLEASE, MR. SPEAKER.
MR. MOSLEY: THANK YOU, MR. PALUMBO.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER. SO, OF
COURSE, THE -- THE INTENT OF THIS BILL IS CERTAINLY REGARDING DISCLOSURE
AND TRANSPARENCY TO THE PUBLIC. BUT, UNFORTUNATELY, I THINK THAT THIS IS
-- THIS IS THE IMMEDIATE RESPONSE TO THE JAMES V. DONOVAN CASE, WHICH
WAS ULTIMATELY THE APPEAL TAKEN BY THE DENIAL OF DISCLOSURE IN THE ERIC
GARNER CASE. AND, IN FACT, THAT PARTICULAR DECISION AFFIRMED THE LOWER
COURT, INDICATING THAT GRAND JURY PROCEEDINGS ARE SECRET FOR A NUMBER OF
VERY IMPORTANT REASONS. AND THERE ARE VEHICLES FOR DISCLOSURE IN VERY
LIMITED CIRCUMSTANCES. HOWEVER -- I'LL READ DIRECTLY FROM THE OPINION:
THE MOST FREQUENTLY MENTIONED PURPOSES OR RATIONALES FOR PRESERVING
GRAND JURY SECRECY INCLUDE: ONE, PREVENTION OF FLIGHT BY A DEFENDANT
WHO IS ABOUT TO BE INDICTED. TWO -- AND THAT WOULD BE IN A DE NOVO
INDICTMENT, BY THE WAY, WHERE IT'S DONE SECRETLY AND PRIOR TO SOMEONE
BEING ARRESTED -- TWO, PROTECTION OF THE GRAND JURORS FROM INTERFERENCE
WITH THOSE -- FROM THOSE UNDER INVESTIGATION. THREE, PREVENTION OF
SUBORNATION OF PERJURY AND TAMPERING WITH PROSPECTIVE WITNESSES AT
THE TRIAL TO BE HELD AS A RESULT OF ANY INDICTMENT THE GRAND JURY
RETURNS. FOUR, PROTECTION OF AN INNOCENT ACCUSED FROM UNFOUNDED
48
NYS ASSEMBLY JUNE 12, 2018
ACCUSATIONS, IF, IN FACT, NO INDICTMENT IS RETURNED. AND FIVE, ASSURANCE
TO PROSPECTIVE WITNESSES THAT THEIR TESTIMONY WILL BE KEPT SECRET, SO
THAT THEY WILL BE WILLING TO TESTIFY FREELY. SO I -- THE CHILLING EFFECT THAT
THIS WILL HAVE ON THE JUDICIAL PROCESS, BECAUSE LET'S -- LET'S -- LET'S CALL IT
WHAT IT IS: THIS AN INVESTIGATION OF PEOPLE WHO HAVE COMMITTED
CRIMES, AND IN MANY CIRCUMSTANCES ARE VERY BAD PEOPLE. SO, THE FACT
THAT YOU ARE ALREADY -- AND AS MY EXPERIENCE, I WORKED IN THE
MANHATTAN DA'S OFFICE, THE SUFFOLK COUNTY DISTRICT ATTORNEY'S OFFICE
AS A -- AND -- AND TRYING TO COMPEL A WITNESS TO JUST TALK ABOUT A
SHOOTING THAT THEY OBSERVED IS TERRIFYING TO THE ORDINARY CITIZEN. THIS
WILL HAVE SUCH A DETRIMENTAL EFFECT ON THE PROCESS THAT, UNFORTUNATELY,
IT'S -- IT'S REALLY SOMETHING THAT -- IT -- IT JUST -- IT WOULDN'T WORK IN A
PRACTICAL SENSE TO ULTIMATELY ACHIEVE WHAT IT'S LOOKING TO ACHIEVE. I
THINK IT'S MORE IMPORTANT TO ALSO NOTICE AND RECOGNIZE THAT THIS APPLIES
TO THE SITUATIONS WHERE THERE'S NO TRUE BILL RENDERED. SO THIS IS THE
INNOCENT PERSON OR THE -- THE -- AND THE INNOCENCE IN THE -- IN THIS SENSE
IS THERE WAS NO PROBABLE CAUSE OR REASONABLE CAUSE TO BELIEVE THAT
SOMEONE COMMITTED A CRIME, WOULD -- WOULD TRIGGER THIS PARTICULAR
STATUTE. NOW, IN MY EXPERIENCE HAVING HANDLED EVEN POLICE SHOOTINGS,
MOST JURISDICTIONS, AND THE TWO THAT I SPOKE OF -- AT LEAST WHEN I WAS
THERE UNDER -- UNDER MR. MORGENTHAU IN MANHATTAN AND UNDER TWO
DISTRICT ATTORNEYS IN SUFFOLK COUNTY -- WHENEVER THERE IS A POLICE
SHOOTING, TO AVOID THE APPEARANCE OF IMPROPRIETY AND DECLINING TO
PROSECUTE A FELLOW LAW ENFORCEMENT OFFICIAL, IT'S THE PRACTICE OF THOSE
OFFICES TO PRESENT ALL OF THOSE SHOOTINGS AND ALL OF THOSE FACTS DIRECTLY
49
NYS ASSEMBLY JUNE 12, 2018
TO A GRAND JURY SO THAT 23 ORDINARY CITIZENS -- LET'S REMEMBER NOW, THIS
IS A SECRET PROCEEDING, YES. BUT A GRAND JURY IS COMPRISED OF PEOPLE
WHO LIVE IN THE DISTRICT, WHO LIVE WITHIN THAT AREA, AND -- AND THEY
ULTIMATELY, FOR A GRAND JURY TERM SOMETIMES EVEN FURTHER EXTENDED IN
SPECIAL SITUATIONS, BUT THEY ARE REGULAR FOLKS, 23 OF THEM, AND A
MAJORITY VOTE WINS AND RENDERS AN INDICTMENT. SO, IN THESE SITUATIONS,
YOU'RE MOST OF THE TIME PRESENTING NON-CRIMINAL CONDUCT TO MAKE SURE
THAT THE SHOOTING WAS JUSTIFIED WHEN THERE'S A POLICE SHOOTING INVOLVED
AND IN A DEATH. SO, IN THIS SITUATION, THEY PRESENT ALL THEIR EVIDENCE, THE
GRAND JURY HAS READ THE JUSTIFICATION STATUTE, AND THEY FEEL THAT THE
SHOOTING WAS JUSTIFIED.
NOW, WITH ALL OF THAT IN MIND, WE DO ALSO HAVE
SAFEGUARDS IN OUR CURRENT SYSTEM OF LAW TO MAKE SURE THAT THE WRONGLY
NO TRUE BILL, FOR EXAMPLE, SOMEONE LIKE IN THE ERIC GARNER CASE, THE
WRONG -- THE PERSON WHO THERE MAY HAVE BEEN SOME SORT OF
IMPROPRIETY AND THIS PERSON WAS LET FREE, WE HAVE SAFEGUARDS. AND
SPECIFICALLY, I'M GOING TO REFER TO -- I JUST LOOKED UP PUERTO RICO V
SANCHEZ VALLE -- IN 2016 REAFFIRMED THE RULE AGAINST DOUBLE JEOPARDY,
MEANING, THAT IT IS NOT DOUBLE JEOPARDY -- AND I'LL READ FROM A
COMMENTARY ON IT: THE DOUBLE JEOPARDY CLAUSE PROVIDES THAT NO
PERSON SHALL BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN
JEOPARDY OF LIFE OR LIMB. HOWEVER, AS THIS COURT RECENTLY REAFFIRMED IN
SANCHEZ VALLE, WHICH IS A 2016 DECISION, THE DOUBLE JEOPARDY CLAUSE
DOES NOT PROHIBIT SUCCESSIVE PROSECUTIONS BY SEPARATE SOVEREIGNS FOR
OFFENSES THAT CONSIST OF THE SAME ELEMENTS BECAUSE TRANSGRESSIONS
50
NYS ASSEMBLY JUNE 12, 2018
AGAINST THE LAWS OF SEPARATE SOVEREIGNS DO NOT CONSTITUTE THE SAME
OFFENSE WITHIN THE MEANING OF THE DOUBLE JEOPARDY CLAUSE. AND THE
SUPREME COURT HAS SAID THIS FOR YEARS. SO, IN THAT EVENT, FOR EXAMPLE,
ABNER LOUIMA, ANOTHER HIGH PROFILE CITY CASE, HE WAS IN -- VOLPE AND
THAT CREW WERE INDICTED FOR THOSE HORRIBLE OFFENSES UNDER STATE LAW.
SUBSEQUENTLY, THE FEDS TOOK IT OVER, AND THEY HAD SOME PLEAS. THEY
CONVICTED THEM ALL, AS THEY SHOULD HAVE, BUT THERE WAS A SUBSEQUENT
FEDERAL PROSECUTION THAT ULTIMATELY TOOK CARE OF THAT -- THOSE AWFUL
HEINOUS ACTS. SO, WE HAVE SAFEGUARDS CURRENTLY IN PLACE. AND TO TRY
THESE PEOPLE IN THE COURT OF PUBLIC OPINION IS NOT APPROPRIATE, BECAUSE
THIS WILL PRIMARILY DEAL WITH, PARTICULARLY IN THE CURRENT CLIMATE, LAW
ENFORCEMENT. AND WE SHOULD NOT ALLOW THIS TO BE -- ALLOW THOSE
INDIVIDUALS WHO ARE MEMBERS OF LAW ENFORCEMENT TO BE SUBJECT TO THIS,
AND I'M JUST GOING TO REFER TO IT AS A COURT OF PUBLIC OPINION TRIALS AND
THEY'RE -- TO MAKE THEIR LIVES MISERABLE, SIMPLY BECAUSE WE THINK THAT IT
-- THAT THERE MAY HAVE BEEN SOME UNDERLYING MISCONDUCT. AGAIN, WE
HAVE THESE OPPORTUNITIES, AND WE HAVE A VEHICLE TO CURRENTLY KEEP AN
EYE ON THESE THINGS. AND AS A RESULT, I'LL BE SUGGEST -- RECOMMENDING
TO MY COLLEAGUES TO PLEASE VOTE IN THE NEGATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. MOSLEY.
MR. MOSLEY: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MOSLEY: WITH ALL DUE RESPECT TO MY
COLLEAGUE, I -- I DON'T WANT TO -- TO MAKE THIS A CONVOLUTED INITIATIVE.
51
NYS ASSEMBLY JUNE 12, 2018
THERE ARE A NUMBER OF EXCEPTIONS IN WHICH WE WILL RELY UPON IN TERMS
OF PROTECTING THE IDENTIFY OF A WITNESS, PROTECTING THE IDENTITY OF A -- A
CONFIDENTIAL INFORMANT, PROTECTING THE -- THE IDENTITY OF AN UNDERCOVER
OFFICER. BUT MORE IMPORTANTLY, WE -- WE KNOW THAT TRIALS ARE HEARD
THROUGH PUBLIC OPINION ALL THE TIME. ALL WE'RE TRYING TO DO WITH THIS
PIECE OF LEGISLATION IS TO ENSURE THAT YOU HAVE A LEVEL OF TRANSPARENCY
AND THAT WE ARE RESPECTFUL OF THE PILLARS OF OUR CRIMINAL JUSTICE SYSTEM,
WHICH MEANS OPENNESS AND FAIRNESS. I'M NOT GOING TO TALK ABOUT
JUSTICE BECAUSE, OBVIOUSLY, THAT'S -- THAT'S A TERM OF ART THAT COULD MEAN
SO MANY THINGS TO SO MANY OF US HERE IN THIS ROOM. BUT AT THE SAME
TIME, WE HAVE TO UNDERSTAND AND BE REAL THAT THERE ARE PEOPLE WHO ARE
LOSING THEIR LIVES AND WHO ARE RELYING UPON THE CRIMINAL JUSTICE SYSTEM
TO, AT THE VERY LEAST, BE TRANSPARENT IN WHAT THEY'RE PRESENTING BEFORE
THE GRAND JURY IN AN EFFORT SO THAT WE DO NOT HAVE A TWO-TIERED COURT
SYSTEM WHERE WE HAVE A -- A SYSTEM FOR LAW ENFORCEMENT OFFICERS WHO
ARE GIVEN THE BENEFIT OF THE DOUBT IN A GRAND JURY PROCEEDING, WHILE
OTHERS ARE NOT GIVEN THAT SAME BENEFIT OF THE DOUBT AND BEING
ADJUDICATED, WHILE AT THE SAME TIME BEING INDICTED REGARDLESS OF THE
INFORMATION THAT IS PRESENTED.
SO, I -- I WANT TO JUST BE CLEAR THAT WE DON'T
MASQUERADE THIS AS SOMETHING AS BEING ANTI-LAW ENFORCEMENT. THIS IS
ALL ABOUT BEING -- JUST PROVIDING A SENSE OF SURETY AND AN HONESTY AND
OPENNESS WITHIN OUR GRAND JURY PROCEEDINGS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
52
NYS ASSEMBLY JUNE 12, 2018
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. AS MENTIONED BY MY COLLEAGUE, THERE'S A LOT OF GOOD
REASONS WHY THE GRAND JURY PROCEEDINGS HAVE BEEN SECRET. THEY'VE
BEEN THAT WAY FOR HUNDREDS OF YEARS. THIS BILL SAYS THAT IF AN
INDIVIDUAL IS ACCUSED OF A CRIME, AND A GROUP OF 21 INNOC -- CIVILIANS,
21 CIVILIANS DETERMINE THERE'S NO PROBABLE CAUSE TO BELIEVE THAT THAT
INDIVIDUAL COMMITTED THE CRIME, YOU CAN STILL TAKE THAT PROCEEDING AND
ALL THE ACCUSATIONS THAT MAY HAVE BEEN DISPROVED AND YOU CAN RELEASE
IT TO THE PRESS SO WE CAN DO CHARACTER ASSASSINATION. LOOK, IF AN INDIV
-- IF AN INDIVIDUAL IS FALSELY ACCUSED AND HE'S BEEN DETERMINED BY A
GRAND JURY THAT THERE'S NO PROBABLE CAUSE, THERE IS ABSOLUTELY NO REASON
TO TAKE ALL THAT TESTIMONY AND SPLASH SELECTIVE PORTIONS OF IT OUT ON THE
-- ON THE FRONT PAGES OF ANY NEWSPAPER. WHEN WE TALK ABOUT JUSTICE,
THAT IS OUR FIRST AND PRIMARY RESPONSIBILITY, NOT MAKING NEWSPAPER
REPORTERS HAPPY. AND AS MENTIONED BY MY COLLEAGUE, NOT ONLY DO WE
ENGAGE IN CHARACTER ASSASSINATION WHEN WE PUBLISH WHEN THEY WERE
FOUND NOT GUILTY, WHEN THERE WAS FOUND NO PROBABLE CAUSE WHATSOEVER,
BUT WE DISRUPT THE VERY INTEGRITY OF THE GRAND JURY PROCESS BY CREATING
A DANGER THAT PEOPLE WILL NOT FEEL FREE TO COME FORWARD AND TESTIFY
AGAINST THE REAL CRIMINALS, THE REAL BAD GUYS, BECAUSE THEY'RE WORRIED
53
NYS ASSEMBLY JUNE 12, 2018
THAT THEIR TESTIMONY MAY BECOME PUBLIC AND THEY MAY NOT BE ALIVE TO
SEE TRIAL.
SO, WHILE I APPRECIATE MY COLLEAGUE'S DESIRE FOR
TRANSPARENCY, AND THERE'S A LOT OF AREAS WHERE TRANSPARENCY IS
IMPORTANT, THIS IS NOT ONE AREA. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. BLAKE.
MR. BLAKE: TO EXPLAIN MY VOTE, MR. SPEAKER. I
WANT TO COMMEND ASSEMBLYMEMBER MOSLEY ON THIS ABSOLUTELY
NECESSARY PIECE OF LEGISLATION, AND I THINK IT'S ALSO IMPORTANT TO -- TO
CLARIFY SOME OF THE POINTS THAT HAVE BEEN MENTIONED BY SOME OF OUR
COLLEAGUES WHO CONTINUE TO CONVEY THAT THE PROTECTION OF THOSE A PART
OF THE PROCEEDINGS WOULD BE AT RISK. IT IS CLEARLY NOT THE CASE AT ALL. IF
YOU ACTUALLY LOOK AT SECTION C, PART 2, IT SAYS LEGAL INSTRUCTIONS WOULD
BE REDACTED WHEN NECESSARY. WHEN YOU LOOK AT SECTION 4, IT SAYS
THERE'S REDACTED TESTIMONY AS WELL. SECTION -- SECTION F SAYS THE COURT
SHALL DETERMINE DISCLOSURE CAN BE PROVIDED AND -- AND PROTECTED, AND
SECTION G SAYS THAT A WRITTEN ORDER HAS TO BE CONVEYED. SO, LET'S BE
CLEAR, AT THE END OF THE DAY, IT IS REALLY HARD FOR US TO UNDERSTAND WHY
WOULD YOU NOT WANT TO UNDER -- UNDERSTAND THE INSTRUCTIONS BEING
GIVEN IN A COURTROOM WHEN YOU GO THROUGH A GRAND JURY PROCEEDING. IT
IS CLEAR THAT THOSE THAT ARE PART OF THE PROCEEDINGS WOULD BE PROTECTED.
AND AT THE END OF THE DAY, ARE WE NOT HERE FOR JUSTICE? THAT IS WHY WE
ARE PART OF THIS LEGISLATURE, THAT IS WHY WE'RE HERE AS PUBLIC SERVANTS. I
54
NYS ASSEMBLY JUNE 12, 2018
ABSOLUTELY APPLAUD SENATOR BAILEY AND ASSEMBLYMEMBER MOSLEY FOR
STANDING UP FOR THIS. LASTLY, WHEN WE THINK ABOUT MY BROTHER'S
KEEPER WITH US BEING THE ONLY STATE IN THE COUNTRY THAT HAS DONE THIS,
THE REASON WHY THAT WAS CREATED, MR. SPEAKER AND COLLEAGUES, IS WHAT
HAPPENED TO TRAYVON MARTIN AND MANY OTHER BLACK AND BROWN YOUNG
MEN WHO HAVE LOST THEIR LIVES AND HAVE NOT HAD JUSTICE BECAUSE OF
INAPPROPRIATE DIRECTION GIVEN IN GRAND JURY PROCEEDINGS. THIS IS
ACTUALLY GIVING US A CHANCE TO GIVE THEM JUSTICE.
I PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MR. BLAKE IN THE
AFFIRMATIVE.
MR. BARRON.
MR. BARRON: THANK YOU, MR. SPEAKER. MAY I
EXPLAIN MY VOTE?
ACTING SPEAKER AUBRY: YES, SIR.
MR. BARRON: YOU KNOW, THE GRAND JURY
PROCEDURE, A JUDGE IN THIS STATE SAID THAT A DA HAS SO MUCH INFLUENCE
OVER A GRAND JURY THAT HE OR SHE CAN GET AN INDICTMENT ON A HAM
SANDWICH. BUT THEY HAVE DIFFICULTIES GETTING AN INDICTMENT ON POLICE
OFFICERS. AND WHEN YOU SAY THAT YOU'RE PUTTING THEM AT RISK, WHAT
ABOUT THE TRIAL JURORS? EVERYBODY SEES THE TRIAL JURORS. THESE TRIAL
JURORS ARE ACTUALLY GOING TO CONVICT SOMEBODY AND SEND SOMEBODY TO
PRISON AND, NOPE, THE PUBLIC SEES THEM. AS A MATTER OF FACT, YOU CAN
EVEN SIT IN THE COURT AND WATCH THEM GO THROUGH THESE PROCEDURES.
55
NYS ASSEMBLY JUNE 12, 2018
THEY ARE CONVICTING PEOPLE AND SENDING PEOPLE TO JAIL. THE GRAND
JURORS ARE CHARGING PEOPLE. CHARGING PEOPLE THAT MIGHT EVEN TURN OUT
TO BE INNOCENT. SO FOR US TO GET THE TRANSPARENCY, THE RECORDS OF THESE
GRAND JURIES, IS A NECESSITY. WHAT'S GOING ON IN THERE THAT IS SO PRIVATE
AND SECRETIVE? WHAT'S HAPPENING THAT YOU DON'T WANT TO EXPOSE IT TO
THE ENTIRE STATE, THE ENTIRE CITY? IT ISN'T TO PROTECT THE GRAND JURORS, IT'S
TO KEEP COMING UP WITH NO TRUE BILL. NO TRUE BILL. NO INDICTMENT. SO
THESE OFFICERS WALK AND THEY KILL AGAIN AND AGAIN AND AGAIN, BECAUSE
THE SIGNAL IS THAT IF YOU KILL, PARTICULARLY A PERSON OF COLOR, YOU WILL NOT
GET INDICTED. AND IF YOU DO GET INDICTED, AND DO GET TO THE TRIAL LEVEL,
THERE'LL BE A SOFTBALL PROSECUTION BY THE DA, SO YOU'LL EITHER WALK OUT AT
TRIAL, OR NEVER GET INDICTED AT ALL.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
ACTING SPEAKER PICHARDO: 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 A BRIEF INTERRUPTION SO I MAY INTRODUCE A NUMBER OF GUESTS ON
BEHALF OF MR. TITONE, MR. CUSICK, MS. MALLIOTAKIS AND MR. CASTORINA.
WE ARE WELL-PROTECTED TODAY AT THE CAPITOL SHOULD FIRE BREAK OUT.
WE'RE DELIGHTED TO HAVE ANOTHER DISTINGUISHED GROUP OF FIREFIGHTERS
56
NYS ASSEMBLY JUNE 12, 2018
FROM THE CITY OF NEW YORK. THIS GROUP IS FROM STATEN ISLAND, ENGINE
-- FROM ENGINE 154, WE HAVE RYAN BIGGS AND GENNERO REO. FROM
ENGINE 160, WE HAVE JONATHAN ROTH AND JONATHAN NISTICO. AND FROM
ENGINE 159 -- I'M NOT SURE IF THIS IS A REAL NAME, BUT MATT TITONE WANTS
TO INTRODUCE MATT TAFONE. I DON'T KNOW IF THAT'S LIKE JUST DOUBLING UP,
BUT WE UNDERSTAND THAT HE IS HERE AS WELL IN THE CHAMBERS.
(LAUGHTER)
WE WANT TO THANK THEM FOR THEIR DISTINGUISHED SERVICE
TO ALL THE PEOPLE IN STATEN ISLAND, AND WANT TO PLEASE EXTEND THE
CORDIALITIES OF THE HOUSE ON BEHALF OF OUR FRIENDS.
ACTING SPEAKER PICHARDO: CERTAINLY. ON
BEHALF OF MR. TITONE, MS. MALLIOTAKIS, MR. CUSICK AND ALL THE STATEN
ISLAND DELEGATION, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
HEROES TO THE NEW YORK STATE ASSEMBLY. ALWAYS, WE EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU ARE ENJOYING THE
PROCEEDINGS. BUT AGAIN, ON BEHALF OF ALL OF THE MEMBERS HERE WE JUST
SIMPLY WANT TO THANK YOU FOR YOUR SERVICE, AND WE APPRECIATE YOU
COMING AND TAKING THE TIME AND ENJOYING THE PROCEEDINGS WITH US
TODAY. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. IT IS MY GREAT HONOR, ON BEHALF OF OUR COLLEAGUE
ASSEMBLYMAN DAVE DIPIETRO AND ASSEMBLYMAN KEVIN BYRNE, TO
WELCOME A DISTINGUISHED GROUP OF FILIPINOS WHO ARE HERE CELEBRATING
57
NYS ASSEMBLY JUNE 12, 2018
THEIR 120TH YEAR OF INDEPENDENCE FROM SPAIN, WHICH WAS ON JUNE 12TH.
AS YOU KNOW, THE PHILIPPINES HAVE BEEN A SPECIAL FRIEND AND ALLY OF
THE UNITED STATES FOR MANY, MANY YEARS. JUST ON A PERSONAL LEVEL, MY
FATHER WAS -- WAS IN THE U.S. NAVY DURING WORLD WAR II (INDICATING).
AND WHEN HIS SERVICE ENDED, HE ASKED TO BE DISCHARGED IN THE
PHILIPPINES BECAUSE HE LOVED THE COUNTRY AND ITS PEOPLE SO MUCH. I'M
GLAD HE EVENTUALLY CAME HOME AND MARRIED MY MOM. BUT HERE WITH
US IN HONOR OF THIS SPECIAL OCCASION IS SANTOS LOPEZ, WHO'S THE
GRANDSON OF EUSEBUI LOPEZ, THE ORIGINAL SIGNER OF THE 1934
CONSTITUTION; VIC DE CASTRO, A FILIPINO-AMERICAN FILIPINO DAY
CHAIRPERSON; REBECCA GALUSHA, PRESIDENT OF THE FILIPINO-AMERICAN OF
NORTH -- NORTHERN NEW YORK; CATHERINE CODAMON, PRESIDENT OF THE
BAYAHIHAN ASSOCIATION DANCE GROUP; ROWENA FULLER, WHO'S
REPRESENTING THE FILIPINO- AMERICAN CLUB; AND IN SUPPORT -- AND
SPECIAL GUESTS ARE THE ORANGE COUNTY CHOPPERS WITH PAUL TEUTUL, SR.,
WHO'S THE FOUNDER AND CEO; AND JOANNA KAP (SIC), WHO'S CHIEF
OPERATING OFFICER.
SO, IF YOU WOULD WELCOME THIS GROUP OF DISTINGUISHED
GUESTS WITH THEIR BEAUTIFUL CLOTHES AND THEIR GREAT MESSAGE OF HOPE AND
EXCITEMENT OVER THE INDEPENDENCE OF THE PHILIPPINES, I WOULD CERTAINLY
APPRECIATE IT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER PICHARDO: CERTAINLY, MR.
GOODELL. ON BEHALF OF MR. DIPIETRO, MR. BYRNE, THE SPEAKER AND ALL
THE MEMBERS, WE WELCOME THESE DISTINGUISHED GUESTS OF INDIVIDUALS TO
THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE
58
NYS ASSEMBLY JUNE 12, 2018
FLOOR. WE HOPE THAT YOU ENJOY THE PROCEEDINGS TODAY. AND THIS IS JUST
SIMPLY ANOTHER REMINDER OF HOW IMPORTANT DIVERSITY IS IN OUR STATE,
AND THAT WE CELEBRATE ALL CULTURES AND ALL COMMUNITIES ACROSS THIS GREAT
STATE OF NEW YORK. AND MR. TEUTUL, ON A PERSONAL LEVEL, I -- I'VE
ENJOYED YOUR WORK OVER THE YEARS. I THINK YOU'VE GALVANIZED YOUNG
PEOPLE INTO GETTING INTO ENGINEERING, SCIENCE, BUILDING, WORKING WITH
THEIR HANDS, AND SHOWING THAT GREAT THINGS CAN BE ACCOMPLISHED AND
BUILT HERE IN THE STATE OF NEW YORK. SO THANK YOU SO MUCH FOR YOUR
SERVICE.
AND TO THESE DISTINGUISHED GUESTS, THANK YOU SO VERY
MUCH IN JOINING US TODAY.
(APPLAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH FOR ALLOWING
ME TO INTERRUPT FOR ANOTHER INTRODUCTION.
ACTING SPEAKER PICHARDO: CERTAINLY.
MR. GOODELL: THIS INDIVIDUAL, JOSEPH GERAD --
GIRARD, SORRY -- IS HERE ON -- AS A SPECIAL GUEST OF ASSEMBLYMAN DAN
STEC. HE IS HERE WITH US FATHER, JOE, SR., AND HIS MOM, ARLENE. JOSEPH
IS A UNIQUE INDIVIDUAL BECAUSE HE IS THE FIRST PERSON IN NEW YORK STATE
TO BREAK THE NEW YORK STATE SCORING RECORD FOR BASKETBALL POINTS,
WHICH HE DID ON TUESDAY, JANUARY 30TH IN AN EXCITING WIN OVER
AMSTERDAM HIGH SCHOOL. HE'S THE FIRST AND ONLY MEMBER OF THE 3,000
POINT-PLUS CLUB IN NEW YORK STATE. HE'S ONLY A JUNIOR, AND HE HAS
ALREADY RECEIVED 25 OFFERS FROM 25 DIVISION I SCHOOLS. SO, WE HAVE
59
NYS ASSEMBLY JUNE 12, 2018
THE GOOD FORTUNE TODAY TO MEET THE NEXT UNITED STATES BASKETBALL STAR
RIGHT HERE IN OUR CHAMBER.
SO, IF YOU WOULD INTRO -- INTRODUCE AND WELCOME
JOSEPH GIRARD III, HIS FATHER JOSEPH, AND HIS MOTHER ARLENE, I'D
APPRECIATE IT.
ACTING SPEAKER PICHARDO: CERTAINLY. ON
MR. -- ON BEHALF OF MR. DANIEL STEC, THE SPEAKER AND ALL MEMBERS, WE
WELCOME THESE DISTINGUISHED GUESTS OF INDIVIDUALS TO THE NEW YORK
STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. AND
REMEMBER, YOUNG MAN, SPORTS ACCOMPLISHMENTS ARE WORTHY, BUT MAKE
SURE THAT IT IS A WHOLESOME THING, THAT YOU INVOLVE YOUR COMMUNITY,
AND YOU MAKE ALL NEW YORKERS PROUD ACROSS THE STATE. SO, THANK YOU
FOR JOINING US, AND WE EXTEND THE PRIVILEGES OF THE FLOOR AND WE HOPE
THAT YOU ENJOY THE PROCEEDINGS THIS AFTERNOON. THANK YOU SO VERY
MUCH.
(APPLAUSE)
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO GIVE DIRECTION ON THE NEXT THREE BILLS I'D LIKE TO TAKE UP AS PART
OF OUR CRIMINAL JUSTICE PACKAGE, BEGINNING WITH CALENDAR NO. 861 BY
MR. AUBRY, WHICH IS ON PAGE 78 OF THE MAIN CALENDAR. THEN I WOULD
LIKE TO TAKE UP CALENDAR NO. 399 BY MR. PERRY ON PAGE 43. AND THEN
CONCLUDE THIS GROUP WITH CALENDAR NO. 930 BY MS. WALKER, WHICH CAN
BE FOUND ON PAGE 84 OF THE MAIN CALENDAR.
ACTING SPEAKER PICHARDO: THE CLERK WILL
60
NYS ASSEMBLY JUNE 12, 2018
READ.
THE CLERK: ASSEMBLY NO. -- ASSEMBLY NO.
A03080-B, CALENDAR NO. 861, AUBRY, PERRY, ARROYO, BARRETT, STECK,
RIVERA, GOTTFRIED, COOK, JAFFEE, DAVILA, LUPARDO, MOSLEY, ORTIZ,
PEOPLES-STOKES, QUART, WEPRIN, L. ROSENTHAL, LIFTON, ABINANTI,
PRETLOW, BICHOTTE, BARRON, WALKER, BLAKE, RODRIGUEZ, FAHY, TITONE,
MCDONALD, CAHILL, JOYNER, JENNE, BENEDETTO, SOLAGES, RICHARDSON,
PICHARDO, HYNDMAN, STIRPE, TITUS, KIM, SIMOTAS, OTIS, JEAN-PIERRE,
DICKENS, BRONSON, HUNTER, ROZIC, CARROLL, CRESPO, DE LA ROSA, DILAN,
VANEL, D'URSO, GALEF, TAYLOR, NIOU, PELLEGRINO. AN ACT TO AMEND THE
CORRECTION LAW, IN RELATION TO RESTRICTING THE USE OF SEGREGATED
CONFINEMENT AND CREATING ALTERNATIVE THERAPEUTIC AND REHABILITATIVE
CONFINEMENT OPTIONS.
ACTING SPEAKER PICHARDO: AN EXPLANATION
HAS BEEN REQUESTED, MR. AUBRY.
QUIET, PLEASE.
MR. AUBRY: CERTAINLY. MR. SPEAKER AND MY
COLLEAGUES, IT IS A -- ACTUALLY A TIME WHERE WE CAN CELEBRATE THE
EVOLUTION OF POLICY IN THIS STATE. THIS BILL WILL LIMIT THE USE OF SOLITARY
CONFINEMENT IN BOTH THE PRISONS AND LOCAL JAILS IN THE STATE OF NEW
YORK. SOLITARY CONFINEMENT HAS BEEN IDENTIFIED BY THE UNITED NATIONS
AS TORTURE, UNDER THE MANDELA RULES. MOST COUNTRIES, MANY OF OUR
STATES, HAVE BEGUN THE PROCESS OF ELIMINATING ITS USE. SOLITARY
CONFINEMENT IS ESSENTIALLY LOCKING AN INDIVIDUAL UP FOR SOMETIMES UP
TO 23 HOURS A DAY, ALLOWING THEM OUT FOR ONE HOUR. SOLITARY
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NYS ASSEMBLY JUNE 12, 2018
CONFINEMENT IS USED IN THIS STATE AS A REGULAR PART OF THE DISCIPLINARY
PROCESS. WHAT THIS BILL DOES IS MODIFIES THE ABILITY OF THE DEPARTMENT
OF CORRECTIONS AND THE JAIL SYSTEM TO USE THAT TECHNIQUE. WHY WAS IT
CONSIDERED TORTURE? BECAUSE TO ISOLATE A HUMAN BEING, ANY HUMAN
BEING, AWAY FROM OTHERS FOR SUCH EXTENDED PERIODS OF TIME CAUSES
MORE THAN JUST CORRECTIVE PUNISHMENT. IT CAUSES MENTAL PROBLEMS. IT
DEBILITATES. WE HAVE SEEN INDIVIDUALS WHO, BECAUSE OF THEIR INABILITY
TO DEAL WITH IT, ARE COMMONLY RECOMMITTED TO SOLITARY CONFINEMENT,
SOMETIMES UP TO LONG, LONG PERIODS OF TIME, AND THEN RELEASED BACK IN
OUR COMMUNITIES. ONE MIGHT ASK WHY WOULD THIS PARTICULAR PROCESS BE
USED SO EXTENSIVELY? BECAUSE AS SOMEONE SAID EARLIER TODAY, OUT OF
SIGHT, OUT OF MIND. SO, INDIVIDUALS WHO MAY BE --
MR. MORELLE: MR. SPEAKER, IF WE COULD JUST ASK
ALL THE MEMBERS AND STAFF AND GUESTS TO PLEASE ACCORD THE -- THE PERSON
SPEAKING ON THE BILL THEIR ATTENTION, AND SOME QUIET AND SOME ORDER IN
THE HOUSE.
ACTING SPEAKER PICHARDO: CERTAINLY, MR.
MORELLE.
PLEASE, MEMBERS AND STAFF AND GUESTS, WE ARE ON
DEBATE. TRY TO MINIMIZE YOUR NOISE TO A MINIMUM. THANK YOU.
PROCEED, MR. AUBRY.
ACTING SPEAKER AUBRY: RIGHT NOW, 2,900
NEW YORK STATE PRISONERS ARE HOUSED IN SOLITARY CONFINEMENT, KNOWN
AS SHUS, OR SPECIAL HOUSING UNITS. INMATES IN SSUS -- IN SHUS ARE
LOCKED INTO THEIR CELLS 23 HOURS A DAY, WITH ONE HOUR OF RECREATION TIME
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NYS ASSEMBLY JUNE 12, 2018
IN AN OUTDOOR CAGE. THEY GET NO PHONE CALLS, NO PERSONAL PROPERTY, NO
PROGRAMMING, NO RELIGIOUS SERVICES, AND THERE ARE NO LEGAL LIMITS TO
HOW LONG THEY CAN BE KEPT. SOME PRISONERS HAVE BEEN IN SHU FOR
DECADES. MORE THAN 30 STATES HAVE MOVED TO RECENT YEARS TO REDUCE
THEIR USE OF SOLITARY. THEIR WORK TOWARD RESTRICTING THOSE WHO GOES
INTO SOLITARY CONFINEMENT AND HOW LONG THEY SPEND THERE, AND CREATE
PROGRAMS TO CAUSE A TRANSITION FROM SOLITARY BACK TO THE GENERAL
POPULATION. OUR BILL INCORPORATES COMPONENTS OF ALL THREE OF THESE
APPROACHES.
ACTING SPEAKER PICHARDO: MR. GIGLIO.
MR. GIGLIO: ON THE BILL.
ACTING SPEAKER PICHARDO: ON THE BILL, SIR.
MR. GIGLIO: I WOULD LIKE TO POINT OUT, AND I THINK
IT'S IMPORTANT TO NOTE THAT NEW YORK STATE HAS ALREADY MADE AN
AGREEMENT WITH THE NEW YORK STATE CIVIL LIBERTIES UNION REGARDING
SOLITARY CONFINEMENT. THAT HAPPENED IN DECEMBER OF 2015, AND WAS
IMPLEMENTED ON MARCH OF 2016. THE AGREEMENT IN THE SETTLEMENT LASTS
FOR FIVE YEARS. ALMOST EVERYTHING THAT'S IN THIS BILL IS IN THAT
AGREEMENT. IN FACT, IF YOU LOOK, THIS BILL WAS ORIGINALLY WROTE --
WRITTEN IN 2014. IT'S MY GUESS THAT THEY TOOK A LOT OF IT AND USED IT IN
THEIR LAWSUIT. SO THIS MIGHT HAVE BEEN THE TEMPLATE FOR EXACTLY THE
AGREEMENT WE ALREADY HAVE, THE STATE OF NEW YORK HAS, AND THE NEW
YORK STATE CIVIL LIBERTIES WILL BE MONITORING THIS AGREEMENT. AS I
SAID BEFORE, IT WILL LAST FOR A TOTAL OF FIVE YEARS. WE ARE NOW, I BELIEVE,
INTO THE THIRD ONE. IT IS A GOOD AGREEMENT. WE WILL LEARN A LOT FROM IT.
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NYS ASSEMBLY JUNE 12, 2018
IT WILL KEEP EVERYBODY PROTECTED BEHIND THOSE WALLS, AND I THINK THAT
WE NEED TO ALLOW IT TO WORK ITS WAY THROUGH AND SEE WHAT
MODIFICATIONS MIGHT BE NECESSARY AFTER THIS AGREEMENT IS DONE. BUT
CURRENTLY, THE WAY THIS BILL IS WRITTEN, IT'S ALREADY BEING DONE.
THANK YOU VERY MUCH.
ACTING SPEAKER PICHARDO: READ THE LAST
SECTION.
THE CLERK: THIS ACTION -- THIS ACT SHALL TAKE EFFECT
ON THE 365TH DAY.
ACTING SPEAKER PICHARDO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. AUBRY TO EXPLAIN HIS VOTE.
MR. AUBRY: ACTUALLY, I WANTED TO DO MORE, BUT WE
WON'T. WE WON'T DELAY THE DAY.
REFORM IN THE PRISON SYSTEM ALWAYS TAKES THE PROCESS
OF EITHER LEGISLATIVE ACTION OR JUDICIAL ACTION, AND SOMETIMES BOTH.
OFTEN, WE HAVE SEEN A LAWSUIT IN THIS HOUSE OVER THE YEARS AND
CODIFIED THE RESULTS OF THAT LAWSUIT. BECAUSE LAWSUITS, AS WAS RE --
REMARKED, HAVE A LIMITED TIMEFRAME, FIVE YEARS. FIVE YEARS. PEOPLE
HAVE BEEN LOCKED UP FOR 10 AND 20 YEARS IN THESE SITUATIONS. WE HAVE
NO CONFIDENCE, BECAUSE THE EXECUTIVE COULD HAVE ENDED THIS
IMMEDIATELY. THEY COULD HAVE LOOKED AT THE HISTORY OF SHUS AND
IMMEDIATELY TAKEN THE ACTION TO STOP THE PROCESS; LOOKED AT WHAT'S
GOING ON IN THE WORLD AND STOPPED THE PROCESS. BUT THEY HAVEN'T. NOT
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NYS ASSEMBLY JUNE 12, 2018
JUST THIS ADMINISTRATION, BUT ADMINISTRATIONS IN THE PAST. SOMETIMES,
WE, AS LEGISLATORS, HAVE TO STEP UP TO THE PLATE AND SAY WHAT IS RIGHT IS
RIGHT. AND IT'S NOT FOR THE TERM, IT IS FOR PERMANENT USE. AND SO, WHAT
WE'RE DOING WITH THIS BILL IS SAYING TO THE STATE, SAYING TO OUR
POPULATION, SAYING TO THE PEOPLE WHO ARE INCARCERATED THAT WE HAVE
HEARD YOU. MANY OF THEM HAVE BEEN TO SEE YOU IN YOUR OFFICES WHO
HAVE SUFFERED FROM THIS. THEY HAVE ASKED FOR RELIEF FOR THOSE WHO THEY
LEFT BEHIND. IT IS BUT RIGHT AND GOOD THAT WE ENACT THIS BILL INTO
LEGISLATION.
I REMOVE MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER PICHARDO: MR. AUBRY IN THE
AFFIRMATIVE.
MR. WEPRIN TO EXPLAIN HIS VOTE.
MR. WEPRIN: THANK YOU, MR. SPEAKER, FOR
EXCUSING ME TO EXPLAIN MY VOTE. THIS BILL IS A BILL THAT HAS -- WE'VE
BEEN WORKING ON IN THE CORRECTIONS COMMITTEE FOR MANY YEARS. YES,
THERE WAS A SETTLEMENT, BUT THAT DOESN'T HAVE ANYTHING TO DO WITH
CODIFYING IN STATUTE RESTRICTING SOLITARY CONFINEMENT WHEN IT'S
INAPPROPRIATE. AS I SAID, THIS -- THIS IS SOMETHING THAT'S BEEN WORKED
ON FOR -- FOR MANY YEARS. I WANT TO THANK THE -- THE SPONSOR FOR ALL HIS
GOOD WORK OVER THESE LAST NUMBER OF YEARS. WE DISCUSSED THIS
EXTENSIVELY IN THE CORRECTIONS COMMITTEE THAT I CHAIR, AND I'D LIKE TO
BE EXCUSED FROM VOTING NOW AND I WILL CAST MY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER PICHARDO: MR. WEPRIN IN
THE AFFIRMATIVE.
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NYS ASSEMBLY JUNE 12, 2018
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
(APPLAUSE)
MR. MORELLE: THANK YOU, MR. SPEAKER, FOR
ALLOWING A BRIEF INTERRUPTION. I WANT TO TAKE A MOMENT TO INTRODUCE A
GUEST OF MR. WEPRIN'S. WE ARE PLEASED TO HAVE RICHARD CONNELLY IN
THE CHAMBER. MR. CONNELLY IS A FORMER HIGH SCHOOL HISTORY TEACHER
WHO STARTED TEACHING DEBATE IN 2001 AT THE BRONX SCHOOL FOR LAW,
GOVERNMENT AND JUSTICE. HE IS A GRADUATE OF HAMPTON UNIVERSITY IN
VIRGINIA, AND RECEIVED HIS MASTERS IN EDUCATION FROM LEHMAN COLLEGE
IN THE BRONX. IN 2014, MR. CONOLLY CO-FOUNDED THE AMERICAN DEBATE
LEAGUE, A NONPROFIT THAT PARTNERS WITH QUEENS COLLEGE TO PROVIDE
YOUNG PEOPLE IN UNDER-REPRESENTED COMMUNITIES THE OPPORTUNITY TO
DEVELOP DEBATING, SPEAKING AND LITERACY SKILLS THROUGH DEBATE TRAINING
AND COMPETITIONS. HE DOES THIS IN AN EFFORT TO IMPROVE SELF ESTEEM,
ACADEMIC ACHIEVEMENT, GRADUATION SUCCESS RATES AND ACCESS TO HIGHER
EDUCATION FROM STUDENTS OF ALL BACKGROUNDS. HIS TEAMS HAVE BEEN VERY
SUCCESSFUL IN TOURNAMENTS ACROSS THE COUNTRY, AND HAVE ALSO WON THE
NEW YORK STATE FORENSIC LEAGUE CHAMPIONSHIP IN OUR GREAT STATE. I
DO NOTE, MR. SPEAKER, THAT THE MEMBERS SHOULD PAY SPECIAL ATTENTION. I
BELIEVE MR. CONNELLY WILL BE GRADING OUR DEBATE SKILLS AS HE OBSERVES
THE LEGISLATIVE PROCEEDINGS.
(LAUGHTER)
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NYS ASSEMBLY JUNE 12, 2018
SO, I DON'T WANT ANYONE TO FEEL ANY EXTRA PRESSURE ON
THE FLOOR HERE. BUT WE ARE DELIGHTED TO HAVE HIM HERE IN THE CHAMBER
AS A GUEST OF MR. WEPRIN'S. IF YOU WOULD PLEASE EXTEND ALL THE
CORDIALITIES OF THE HOUSE.
ACTING SPEAKER PICHARDO: PRESSURE IS GOOD,
MR. MORELLE. CERTAINLY. ON BEHALF OF MR. WEPRIN, THE SPEAKER AND ALL
THE MEMBERS, MR. CONNELLY, THANK YOU TO YOUR -- FOR THE SERVICE TO THE
STUDENTS OF THE STATE OF NEW YORK AND THE BOROUGH OF THE BRONX. WE
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU GIVE US A
GOOD GRADE AND ENJOY THE PROCEEDINGS TODAY. AND AGAIN, WE EXTEND TO
YOU THE CORDIALITIES OF THE HOUSE, AND WE HOPE THAT YOU ENJOY THE
PROCEEDINGS. AND IF YOU CAN GIVE US SOME POINTERS, IT'S ALWAYS
WELCOME. THANK YOU SO VERY MUCH, SIR.
(APPLAUSE)
(PAUSE)
ACTING SPEAKER AUBRY: MR. MORELLE.
SHH. LADIES AND GENTLEMEN.
MR. MORELLE: THANK YOU VERY MUCH, MR.
SPEAKER, FOR ALLOWING A -- A BRIEF INTERRUPTION. I WANT TO ACKNOWLEDGE
ON BEHALF OF MS. BICHOTTE ANOTHER GROUP OF NEW YORK'S BRAVEST WHO
ARE HERE, MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT FROM
ENGINE 255, L157 ON ROGERS AVENUE FROM FLATBUSH, BROOKLYN. WE
ARE DELIGHTED TO HAVE THEM IN THE CHAMBER. WE APPRECIATE ALL OF THE
INCREDIBLE WORK THAT THESE FIREFIGHTERS DO ON BEHALF OF THE PEOPLE AND
COUNTY OF -- KINGS COUNTY. AND I KNOW MS. BICHOTTE IS EXCITED TO
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NYS ASSEMBLY JUNE 12, 2018
HAVE THEM IN THE CHAMBERS. AND AGAIN, WE WANT TO EXTEND ALL THE
PRIVILEGES OF THE FLOOR TO THIS DISTINGUISHED GROUP.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. BICHOTTE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
INCREDIBLE PUBLIC SERVANTS HERE TO THE NEW YORK STATE ASSEMBLY,
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. SO HAPPY THAT YOU HAVE
COME, BOTH GENTLEMEN AND LADY WHO ARE HERE. AND WE'RE SO PROUD THAT
IT IS A LADY THAT IS HERE TODAY. THANK YOU AGAIN. YOU HAVE OUR
UNDYING GRATITUDE FOR THE WORK THAT YOU DO TO KEEP OUR COMMUNITIES
SAFE. THANK YOU SO VERY MUCH.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05617, CALENDAR NO.
399, PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW, PEOPLES-STOKES,
L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ, QUART, KIM, PICHARDO,
WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, JAFFEE, ABINANTI, D'URSO,
JEAN-PIERRE, HYNDMAN, NIOU, MCDONALD, TAYLOR, VANEL, RIVERA,
ARROYO, HEVESI. AN ACT TO AMEND THE EXECUTIVE LAW AND THE CRIMINAL
PROCEDURE LAW, IN RELATION TO ESTABLISHING THE OFFICE OF SPECIAL
INVESTIGATION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. PERRY.
MR. PERRY: THANK YOU, MR. SPEAKER. WHO DARED
ASKED FOR AN EXPLANATION? MR. SPEAKER, THE CRIMINAL JUSTICE SYSTEM IS
STILL AN ISSUE THAT REMAINS AT THE VERY TOP OF THE AGENDA FOR ALL
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NYS ASSEMBLY JUNE 12, 2018
AMERICANS, ALL NEW YORKERS WHO DREAM OF AND WHO WORK FOR A
SOCIETY WHERE JUSTICE IS ASSURED FOR ALL PEOPLE; NOT BASED ON THE
PIGMENTATION OF YOUR SKIN, NOT BASED ON THE SIZE OF YOUR BANK ACCOUNT,
OR ANY OTHER MEASURE. BUT A SYSTEM THAT CAN ASSURE -- THAT IS STRUCTURED
TO ASSURE FAIRNESS, TRANSPARENCY, AND BALANCE AS A PART OF OUR CRIMINAL
JUSTICE SYSTEM. THIS BILL IS AN ATTEMPT IN THIS HOUSE TO RESTRUCTURE OUR
CURRENT SYSTEM TO PROVIDE FOR THAT ASSURANCE OF FAIRNESS AND
TRANSPARENCY. THIS BILL WILL ENHANCE PUBLIC CONFIDENCE IN THE INTEGRITY
OF OUR CRIMINAL JUSTICE SYSTEM IN SPECIFIC REGARDS TO THE USE OF DEADLY
FORCE BY POLICE AND PEACE OFFICERS. IT ESTABLISHES THE OFFICE OF SPECIAL
INVESTIGATION WITHIN THE OFFICE OF THE STATE ATTORNEY GENERAL WITH
INVESTIGATIVE POWERS AND AUTHORITY TO PROSECUTE ANY ALLEGED CRIMINAL
OFFENSE OR OFFENSES COMMITTED BY A POLICE OR PEACE OFFICER CONCERNING
THE DEATH OF A PERSON AS A RESULT OF AN ENCOUNTER WITH A POLICE OR PEACE
OFFICER.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
MR. PERRY: I WILL.
ACTING SPEAKER AUBRY: MR. PERRY YIELDS.
MR. RA: OKAY. SO JUST WALK ME THROUGH THIS
BECAUSE I KNOW THIS IS A BILL WE'VE DEBATED AND VOTED ON PREVIOUSLY.
SO JUST AS A STARTING POINT, I KNOW THE GOVERNOR A FEW YEARS AGO DID
ISSUE AN EXECUTIVE ORDER TO PROVIDE FOR THIS. DOES THIS MERELY CODIFY
WHAT THE GOVERNOR DID IN THAT EXECUTIVE ORDER, OR DOES IT HAVE ANY
69
NYS ASSEMBLY JUNE 12, 2018
DIFFERENCES OR GO ANY FURTHER THAN THE GOVERNOR DID?
MR. PERRY: IT BASICALLY CODIFIES WHAT THE GOVERNOR
PROMULGATED, BUT IT GOES A LITTLE FURTHER THAN THAT. THE GOVERNOR'S
EXECUTIVE ORDER DID NOT ESTABLISH CLARITY IN THE JURISDICTION AS REGARDS
TO THE AG'S AUTHORITY TO PROSECUTE. THIS BILL DOES TAKE CARE OF THAT
ISSUE, AND DEFINITELY PUTS ALL -- IT CLEARLY SAYS THAT IN THE OFFICE OF -- OF
SPECIAL INVESTIGATION, THE PROSECUTION -- THE INVESTIGATION, PROSECUTION
OF ALL ACTIONS PERTAINING TO POLICE-INVOLVED DEATH OF A CITIZEN WOULD BE
IN THE JURISDICTION OF THAT OFFICE.
MR. RA: OKAY. NOW, THIS OFFICE, YOU KNOW,
CURRENTLY, YOU KNOW, THERE IS AN OPPORTUNITY FOR A SPECIAL PROSECUTOR IN
CERTAIN CIRCUMSTANCES, BUT THIS WOULD PRIMARILY BE THE AUTHORITY OF OUR
LOCAL DISTRICT ATTORNEYS RIGHT NOW. SO, THIS OFFICE WOULD HAVE
JURISDICTION ABOVE THE DISTRICT ATTORNEY, CONCURRENT TO THE DISTRICT
ATTORNEY? WHAT WOULD THE RELATIONSHIP BE OF THIS OFFICE AS OPPOSED TO
OUR DISTRICT ATTORNEY, WHO WOULD ALSO HAVE THE POWER TO INVESTIGATE
THIS TYPE OF SITUATION?
MR. PERRY: IT IS -- IT ESSENTIALLY ENDS THE
JURISDICTION OF A LOCAL PROSECUTOR IN THE PROSECUTION OF A -- A CRIME
INVOLVING THE DEATH OF A CITIZEN DURING ACTIVITY WITH THE POLICE OR A
PEACE OFFICER.
MR. RA: SO, WOULD THE LOCAL DISTRICT ATTORNEY STILL
HAVE THE AUTHORITY TO CONDUCT THEIR OWN INVESTIGATION, OR ONCE THIS WAS
IN THE HANDS OF THIS OFFICE OF SPECIAL INVESTIGATIONS, WOULD -- WOULD
THEY NOT BE ABLE TO DO SO UNTIL THIS IS COMPLETED?
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NYS ASSEMBLY JUNE 12, 2018
MR. PERRY: OH, I CAN IMAGINE THAT THE LOCAL
DISTRICT ATTORNEY COULD BE WORKING WITH THE -- WITH THE A -- WITH THE --
WITH THE OFFICE OF SPECIAL INVESTIGATION; HOWEVER, THE JURISDICTION FOR
INVESTIGATION AND PROSECUTION OF A MATTER INVOLVING THE DEATH OF A
CITIZEN IN AN ENCOUNTER WITH THE POLICE WOULD BE CLEARLY WITHIN THE
JURISDICTION OF THIS OFFICE, EXCEPT WHERE THE DISTRICT ATTORNEY -- WHERE
THE -- THE AG WOULD ASK FOR THE HELP OF THE LOCAL DA.
MR. RA: OKAY. SO, JUST IN TERMS OF TIMING. SO AN
INCIDENT OCCURS, RIGHT, THIS OFFICE WOULD IMMEDIATELY HAVE THE
JURISDICTION TO GO IN AND CONDUCT AN INVESTIGATION, CORRECT?
MR. PERRY: YES.
MR. RA: IT WOULDN'T HAVE TO WAIT FOR ANYTHING, FOR
THE LOCAL DA TO ASK FOR ASSISTANCE, FOR THE LOCAL DA TO DO ANY
INVESTIGATION OF THEIR OWN? THEY COULD IMMEDIATELY JUMP IN?
MR. PERRY: FULL AND COMPLETE JURISDICTION.
MR. RA: OKAY. AND I -- I BELIEVE ACTUALLY UNDER THE
WORDING OF IT, THEY DON'T JUST HAVE INVESTIGATION, BUT THEY WOULD
ACTUALLY HAVE THE DUTY TO PERFORM AN INVESTIGATION, BECAUSE THE
LANGUAGE IS "SHALL INVESTIGATE."
MR. PERRY: EXACTLY.
MR. RA: OKAY.
MR. PERRY: YOU GOT IT RIGHT.
MR. RA: OKAY. SO, WHAT I'M -- ONE OF THE CONCERNS
THAT I SEE WITH THAT, YOU KNOW, OBVIOUSLY, A LOT OF THIS, IN THIS BILL, THE
PREVIOUS BILLS -- YOU KNOW, WE'RE TALKING ABOUT JUSTICE, WE'RE TALKING
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NYS ASSEMBLY JUNE 12, 2018
ABOUT ACCOUNTABILITY, AND IN EACH OF OUR COUNTIES, UNDER OUR STATE
CONSTITUTION, RIGHT IN -- RIGHT HERE IN OUR STATE CONSTITUTION IT SAYS,
EACH -- IN EACH COUNTY, THE DISTRICT ATTORNEY SHALL BE CHOSEN BY THE
ELECTORS ONCE EVERY THREE OR FOUR YEARS AS THE LEGISLATURE SHALL DIRECT.
SO THIS IS A CONSTITUTIONAL OFFICER WHO'S ACCOUNTABLE TO THE PEOPLE, WHO
IS ELECTED BY THE PEOPLE, WHO HAS THE JURISDICTION TO INVESTIGATE THESE
MATTERS. SO, IS IT NOT MOST ACCOUNTABLE TO THE PEOPLE WHEN -- WHEN
THAT PROSECUTOR IS GOING TO HAVE TO FACE THE VOTERS AS OPPOSED TO
SOMEBODY WHO IS JUST GOING TO BE APPOINTED BY THE ATTORNEY GENERAL'S
OFFICE?
MR. PERRY: LET ME BRING YOU BACK TO MY OPENING
STATEMENT ABOUT OUR CRIMINAL JUSTICE SYSTEM. WE ARE CONCERNED ABOUT
TRANSPARENCY, AND AMERICANS WHO CARE ABOUT FAIRNESS AND JUSTICE ARE
CONCERNED ABOUT THE ACCOUNTABILITY AND THE TRANSPARENCY IN OUR
CRIMINAL JUSTICE SYSTEM. AND THIS IS AN EFFORT TO RESTRUCTURE OR TO
RECONSTRUCT A SYSTEM THAT HAS NOT WORKED. A SYSTEM WHERE ALMOST
EVERY YEAR THERE IS A CRY AND A HUE FOR CHANGES. THIS IS ONE OF THE
CHANGES THAT WE THINK IS IMPORTANT TO BRING US INTO ACCORDANCE WITH
WHAT WE, AS AMERICANS, DREAM OF OF BEING JUSTICE FOR -- IN OUR CRIMINAL
JUSTICE SYSTEM, WHERE EVERY CITIZEN IN THIS EMPIRE STATE CAN FEEL THAT IF
THEY HAVE AN ENCOUNTER OR ANY MEMBER OF THEIR FAMILY HAVE AN
ENCOUNTER WITH THE POLICE THAT RESULTS IN THE DEATH OF A FAMILY MEMBER,
THAT THE SYSTEM IS GOING TO DEAL FAIRLY WITH THAT FEELING, AND THE
OUTCOME IS GOING TO BE -- THE -- THE COMMUNITY IS GOING TO BE ASSURED
THAT THE OUTCOME CAME THROUGH A FAIR PROCESS WHERE THE POLICE WAS
72
NYS ASSEMBLY JUNE 12, 2018
HELD ACCOUNTABLE.
MR. RA: THANK YOU, MR. PERRY.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: THANK YOU, MR. SPEAKER. SO, YOU KNOW, AS
I STATED, WE HAVE DISTRICT ATTORNEYS IN EACH COUNTY. THEY'RE -- THEY'RE A
CONSTITUTIONAL OFFICER, THEY -- THEY'RE SPOKEN ABOUT IT IN OUR STATE
CONSTITUTION, THEY FACE THEIR VOTERS LOCALLY, AND THEY'RE -- YOU KNOW,
THEY'RE PROSECUTORS, BUT -- BUT I THINK IN A LOT OF WAYS THEY'RE MORE THAN
THAT. BECAUSE, YOU KNOW, THEIR JOB IS TO -- TO DO JUSTICE. THEIR JOB IS TO
DECIDE, BASED ON THE INFORMATION THEY HAVE, CASES TO PURSUE, CASES NOT
TO PURSUE. AND -- AND CERTAINLY IN MANY OF THESE MATTERS, THEY'LL GO --
THEY'LL IMPANEL A GRAND JURY, THEY'LL CALL WITNESSES, AND A RESULT COMES
OUT OF THAT. WE MAY NOT ALWAYS LIKE THE RESULT, BUT IT IS A PROCESS THAT,
OVERALL, HAS -- HAS WORKED PRETTY WELL FOR -- FOR A VERY, VERY LONG TIME.
YOU KNOW, THESE TYPES OF CASES, WE ALL KNOW BECOME HIGHLY
POLITICIZED, ARE OUT THERE IN PUBLIC. AND UNFORTUNATELY, OUR ATTORNEY
GENERAL'S OFFICE, GOING BACK A WAYS NOW, HAS BECOME AN OFFICE THAT
LIKES TO CHASE THE HEADLINE, YOU KNOW. AND IF OUR GOAL IS TO MAKE
THINGS MORE FAIR AND -- AND JUST AND HAVE A -- REALLY HAVE A FAIR
OUTCOME, I'M NOT SO SURE ALLOWING AN APPOINTED INDIVIDUAL FROM THE
ATTORNEY GENERAL'S OFFICE TO GO IN AND GRAB AUTHORITY FROM A LOCALLY-
ELECTED DISTRICT ATTORNEY IS THE WAY TO MAKE SURE THAT AN OFFICER HAS --
HAS A FAIR HEARING AFTER AN INCIDENT HAS OCCURRED. YOU KNOW, OUR MEN
AND WOMEN IN LAW ENFORCEMENT HAVE AN INCREDIBLY DIFFICULT JOB. AND
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NYS ASSEMBLY JUNE 12, 2018
YES, WE'VE HAD SOME TRAGIC CIRCUMSTANCES. WE'VE ALSO HAD SOME VERY
TRAGIC CIRCUMSTANCES ON THE OTHER SIDE OF THIS, WHERE OFFICERS HAVE
BEEN ASSASSINATED JUST BECAUSE OF THAT UNIFORM THEY WEAR, BECAUSE THEY
WERE LAW ENFORCEMENT OFFICIALS. AND WE'VE HAD PEOPLE THAT WERE JUST
SITTING IN A CAR, WE'VE HAD PEOPLE WHERE THEY'VE CALLED THE POLICE AND
AMBUSHED THEM. SO, I THINK WE HAVE TO RECOGNIZE THAT OUR LAW
ENFORCEMENT HAVE AN INHERENTLY DIFFICULT JOB. I THINK MORE OFTEN THAN
NOT, THEY REACT IN A BETTER WAY THAN MOST OF US WOULD BECAUSE THEY ARE
WELL-TRAINED. THEY GO THROUGH TRAININGS ON WHEN TO USE CERTAIN TYPES
OF FORCE, HOW TO REACT TO CERTAIN SITUATIONS. AND WE ARE FORTUNATE IN
THIS STATE. WE HAVE THE MOST WELL-TRAINED LAW ENFORCEMENT IN THE
COUNTRY, AND PERHAPS IN THE WORLD. SO, I THINK THAT I APPRECIATE WHAT
THIS BILL IS TRYING TO DO AND -- AND WHAT MANY OF THIS PACKAGE OF BILLS
ARE TRYING TO DO, BUT WE'RE -- YOU KNOW, WE -- WE CAN'T FORGET, WE'RE
SINGLING OUT A SPECIFIC CLASS OF INDIVIDUALS THAT WE'RE GOING TO SUBJECT
THEM TO, YOU KNOW, DIFFERENT TYPES OF PROSECUTION AND DIFFERENT TYPES
OF SCRUTINY BECAUSE OF THE JOB, AND NOT TRULY UNDERSTANDING THAT THEY
HAVE A JOB THAT IS INCREDIBLY DIFFICULT ON A DAY-TO-DAY BASIS. AND ON
ANY GIVEN DAY -- AND WE -- WE PRAY THAT THIS HAPPENS AS INFREQUENTLY AS
POSSIBLE, BUT ON ANY GIVEN DAY, THEY COULD BE FACED WITH A LIFE OR DEATH
SITUATION THAT I DON'T THINK ANY OF US WANT TO TRY TO PUT OURSELVES INTO
THE -- THEIR SHOES IN THOSE SITUATIONS AND DETERMINE HOW WE WOULD
HAVE RESPONDED.
SO, I KNOW A NUMBER OF FOLKS ARE GOING TO BE VOTING
ON THE NEGATIVE ON THIS BILL BECAUSE WE FEEL THAT THE LOCAL ELECTED DA
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NYS ASSEMBLY JUNE 12, 2018
IS REALLY THE MOST ACCOUNTABLE TO THE PUBLIC, AND IS THE FAIREST WAY TO
ALLOW THESE PROCEEDINGS TO GO FORWARD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. --
SHH. SHH.
MR. PERRY TO EXPLAIN HIS VOTE.
MR. PERRY: THANK YOU, MR. SPEAKER. I TAKE THE
OPPORTUNITY TO THANK MY COLLEAGUES AND STAFF AND ALL WHO HAVE WORKED
SO HARD AND SUPPORTED EFFORTS TO BRING THIS BILL TO THE FLOOR. EFFORTS TO
REFORM OUR CRIMINAL JUSTICE SYSTEM, MR. SPEAKER, IS NOT AN ATTACK ON
THE POLICE. IT'S NEVER PART OF SOME INTENT TO GO AFTER POLICE OFFICERS.
BUT WHERE THERE ARE PROBLEMS IN THE SYSTEM THAT IMPACT ON THE CITIZENS'
FEELING OF FAIRNESS, FEELING -- FEELINGS OF TRANSPARENCY, AND ASSURANCE
THAT WHEN YOU HAVE TO DEAL WITH THE SYSTEM, YOU DON'T STAND ALONE, BUT
YOU STAND WITH ALL THE NATION, AND THE STATE AND THE SYSTEM, TO PROTECT
YOU AND ENSURE THAT WHAT -- THE OUTCOME IS FAIR. TOO MANY FAMILIES
HAVE LOST LOVED ONES IN INTERACTION WITH THE POLICE. AND WE -- TODAY
WE HAVE THE AVAILABILITY OF QUICK VIDEOS THAT APPEAR ON YOUTUBE AND
ALL SOCIAL NETWORK TO SHOW HOW MANY TIMES. THERE'S THE CASE WITH
RODNEY KING, AND WE ALL THAT SAW THAT VIDEO, AND WE ALL WATCHED AND
WORKED THROUGH THAT INVESTIGATION. WE SAW THE CASE OF GARNER IN
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NYS ASSEMBLY JUNE 12, 2018
STATEN ISLAND, CHOKED TO DEATH. AMADOU DIALLO, 41 BULLETS. AND JUST
TO DEMAND THAT THE PROCESS IS FAIR SHOULDN'T BE A BURDEN ON ANY OF US.
MR. SPEAKER, I THANK YOU FOR THE OPPORTUNITY. I
WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. PERRY IN THE
AFFIRMATIVE.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU SO MUCH, MR. SPEAKER,
FOR ALLOWING AN INTERRUPTION SO THAT I MIGHT INTRODUCE A NUMBER OF
DISTINGUISHED GROUPS THAT ARE HERE. THIS MAY TEST MY SKILLS, SO BEAR
WITH ME. FIRST OF ALL, ON BEHALF OF MR. HIKIND, WE HAVE A DISTINGUISHED
GROUP OF YOUNG PEOPLE AND TEACHERS FROM THE YESHIVAH-VIEN. WE
HAVE 25 EIGHTH-GRADE STUDENTS. I HAD A CHANCE TO SAY HELLO TO THEM, A
GREAT-LOOKING GROUP OF YOUNG MEN WHO ARE HERE. THEY -- THEY'RE
SUGGESTING SOMEHOW THAT THEY'RE LEARNING MORE HERE THAN THEY WOULD
IN SCHOOL. I'M NOT SURE I ENTIRELY AGREE, BUT WE'RE ALL GOING -- WE'RE ALL
GOING TO BUY INTO THAT. BUT WE ARE REALLY EXCITED THAT THEY'RE HERE AND
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HAVE AN OPPORTUNITY TO OBSERVE THE PROCEEDINGS. AND I DO WANT TO
INTRODUCE THE -- THE ADULTS WHO ARE WITH THEM. FIRST OF ALL, BEGINNING
WITH RABBI LANDAU, WHO'S THE PRINCIPAL OF -- OF THE SCHOOL; RABBI
FROMOWITZ, WHO IS THE ADMINISTRATOR; RABBI KATZ, WHO IS THE
CO-ADMINISTRATOR; AND RABBI OBSFELD, WHO IS THE EIGHTH-GRADE TEACHER
CHARGED WITH MOLDING THEIR MINDS. AND WE ARE SO HAPPY, AND I KNOW
MR. HIKIND IS -- IS SO EXCITED TO HAVE THIS GROUP FROM BOROUGH PARK,
AND WE WANT TO MAKE SURE THAT THEY -- HOPE THAT THEY'VE ENJOYED THEIR
EXPERIENCE, AND THAT THEY CONTINUE TO VISIT WITH US AND OBSERVE THE
PROCEEDINGS.
AND IF YOU'D PLEASE EXTEND ALL THE CORDIALITIES OF THE
HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF ASSEMBLYMEMBER HIKIND, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME THIS EXTRAORDINARY GROUP OF STUDENTS AND -- AND TEACHERS AND
ADVISORS HERE TO THE NEW YORK STATE ASSEMBLY. THIS IS THE PEOPLE'S
HOUSE. WE ARE SO PLEASED TO HAVE YOU. YOU WILL ALWAYS ENJOY THE
PRIVILEGES OF THE FLOOR, WE ARE ALWAYS PLEASED TO SEE YOU. AND YOU
CERTAINLY MAKE ASSEMBLYMEMBER HIKIND HAPPY BECAUSE HE GETS TO
HOST SUCH A GRAND GROUP ON ONE OF THE LAST DAYS OF SESSION. THANK YOU
SO VERY MUCH, AND CONTINUE YOUR EDUCATION. THANK YOU.
(APPLAUSE)
MR. MORELLE TO CONTINUE.
MR. MORELLE: YES, SIR. THANK YOU. WE HAVE
BROOKLYN, AND NOW WE HAVE A DISTINGUISHED GROUP FROM THE BRONX.
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WE ARE DELIGHTED, MR. BENEDETTO AND ALL THE MEMBERS FROM THE BRONX.
I KNOW THAT IT WAS MENTIONED EARLIER TODAY THAT IT IS BRONX DAY IN
ALBANY, AND WE HAVE A DELEGATION OF DISTINGUISHED BRONXITES
REPRESENTING BRONX BUSINESSES -- BUSINESSES AND INSTITUTIONS WHO ARE
HERE TO SHARE WITH US ALL THAT IS GOOD IN BRONX COUNTY, AND I KNOW
THERE IS MUCH THAT IS GOOD. AND I BELIEVE LATER TODAY THERE WILL ALSO BE
FURTHER CELEBRATIONS, BRONX NIGHT. WE CAN'T GET ENOUGH OF THE BRONX,
SO WE'RE DELIGHTED TO HAVE THEM ALL HERE. AND IF YOU'D PLEASE EXTEND
ALL THE PRIVILEGES OF THE FLOOR TO THIS DISTINGUISHED GROUP.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BENEDETTO, THE ENTIRE BRONX DELEGATION, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY,
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WONDERFUL
BRONX DAY THAT YOU HAVE PROVIDED US, AND I'M MADE TO UNDERSTAND IT
EXTENDS UNTIL TOMORROW MORNING. WE GET LUNCH, DINNER AND BREAKFAST
WITH YOU GUYS. IT IS A MARVELOUS THING YOU'RE DOING. WE HOPE THAT
YOUR BUSINESSES WILL CONTINUE TO THRIVE AND YOU WILL KEEP THE BRONX
RISING AND GROWING. THANK YOU SO VERY MUCH.
(APPLAUSE)
THREE TIMES, MR. MORELLE.
MR. MORELLE: THREE TIMES IS THE CHARM HERE, MR.
SPEAKER.
ON BEHALF OF MR. ORTIZ, WE HAVE A DISTINGUISHED
GROUP FROM THE REPUBLIC OF CHINA. WE ARE DELIGHTED. THEY ARE FROM
THE GUANGZI ZHUANG AUTONOMOUS REGION. THEY ARE A DELEGATION WHO
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IS INTERESTED IN LEARNING AMERICAN -- AMERICAN GOVERNMENT AND THE
FINANCIAL BUDGETING SYSTEM AND HOW WE KEEP PUBLIC SPENDING
SUPERVISED, AND OTHER RELATED TOPICS. I'M NOT SURE WHAT THEY'LL LEARN
ABOUT US SPENDING -- SUPERVISING SPENDING, BUT WE HOPE THAT THEY PICK
SOMETHING UP. AND WE CERTAINLY ARE DELIGHTED TO HAVE THEM OBSERVE
OUR PROCEEDINGS AND HOPE THAT THEY FIND THIS OF INTEREST AND -- AND
EDUCATIONAL AND ACADEMIC INTEREST TO THEM.
SO, ON BEHALF OF MR. ORTIZ, IF YOU WOULD PLEASE
EXTEND ALL THE CORDIALITIES AND GREETINGS OF THE HOUSE AND THANK THIS
FINE GROUP FOR BEING HERE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. ORTIZ, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DISTINGUISHED GROUP FROM CHINA HERE TO THE NEW YORK STATE
ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR
SPENDING THIS TIME WITH US. HOPE THAT YOUR TRIP WILL BE BENEFICIAL, AND
THAT YOU WILL RETURN SAFELY BACK YOU TO YOUR HOME. AND PLEASE ALWAYS
KNOW THAT YOU'RE WELCOME HERE. THANK YOU SO VERY MUCH. SO MANY
OF US HAVE HAD THE PLEASURE OF VISITING CHINA. IT'S GREAT TO SEE A GROUP
COME AND VISIT US. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. MORELLE.
MR. MORELLE: THANK YOU, SIR. I'D LIKE TO INVITE
MEMBERS OF THE WAYS AND MEANS TO JOIN MS. WEINSTEIN IN THE
SPEAKER'S CONFERENCE ROOM. WAYS AND MEANS IN THE SPEAKER'S
CONFERENCE ROOM.
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ACTING SPEAKER AUBRY: WAYS AND MEANS,
SPEAKER'S CONFERENCE ROOM.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10137-A, CALENDAR
NO. 930, WALKER, LENTOL, ROZIC, RYAN, SEAWRIGHT, TAYLOR, TITUS,
PERRY, ABINANTI, WEPRIN, PEOPLES-STOKES, HUNTER, PRETLOW, GOTTFRIED,
SIMON, EPSTEIN, BUCHWALD, LAVINE, JEAN-PIERRE, JAFFEE, FERNANDEZ,
FAHY, PICHARDO, WILLIAMS, CARROLL, D'URSO, L. ROSENTHAL, SIMOTAS,
MOSLEY, BARRON, DICKENS, DENDEKKER, ARROYO. AN ACT TO AMEND THE
CRIMINAL PROCEDURE LAW, IN RELATION TO THE ISSUANCE OF SECURING ORDERS
AND IN RELATION TO MAKING CONFORMING CHANGES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER. THIS BILL
REDUCES OUR RELIANCE ON CASH BAIL WITHOUT SACRIFICING PUBLIC SAFETY. IT
RESPECTS THE PRESUMPTION OF INNOCENCE, WHICH IS GUARANTEED BY OUR
CONSTITUTION. IT ELIMINATES CASH BAIL ON NONVIOLENT FELONIES AND ALL
MISDEMEANORS, WITH THE EXCEPTION OF SOME SEX CRIMES. IT PROVIDES
ACCESS TO BAIL, WHICH LOOKS AT INDIVIDUAL FINANCIAL CIRCUMSTANCES, AS
OPPOSED TO SEXUAL ORIENTATION, RACE, ETHNICITY, CHARACTER OR THE COLOR OF
YOUR SKIN. IT PROVIDES YOU A HEARING IN THE PLACE WHERE BAIL IS
IMPOSED, TO ENSURE THAT THE PEOPLE HAVE THE RIGHT AND ACCESS TO
COUNSEL. IT ALSO GIVES PEOPLE ACCESS TO BRADY MATERIALS THAT MAY BE
EXCULPATORY FOR THEM AT AN EARLIER POINT IN THEIR CRIMINAL TRIAL.
FURTHERMORE, IT -- LOOKING AT THE OVERWHELMING NUMBER OF THE BLACK
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AND BROWN COMMUNITIES THAT BAIL DISPIRITEDLY IMPACTS, IT PROVIDES A
MEANS THAT ENSURES THAT WE GET JUSTICE AND THAT IT'S NOT JUST US.
ACTING SPEAKER AUBRY: MR. CURRAN.
MR. CURRAN: WILL THE SPONSOR YIELD FOR A COUPLE
OF QUESTIONS?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.
WALKER?
MS. WALKER: CERTAINLY, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. CURRAN: THANK YOU, MRS. (SIC) WALKER. JUST
A COUPLE OF QUESTIONS. I KNOW SEVERAL PEOPLE ARE GOING TO TALK ABOUT
THE SPECIFICS OF THE BILL, BUT I'M GOING TO TALK TO YOU ABOUT THE FINANCES
OF THE BILL. SO, IN REVIEWING THE BILL MEMO, IT STATES, THERE ARE NO
REQUIRED FISCAL COSTS. SIGNIFICANT SAVINGS FOR LOCAL GOVERNMENTS AND
THE STATE CAN BE EXPECTED THROUGH A REDUCTION OF UNNECESSARY PRETRIAL
DETENTIONS AND INCREASED USE OF ALTERNATIVES INCARCERATIONS. THAT'S
WHAT -- THAT'S WHAT THE BILL MEMO SAYS. SO, IS IT YOUR POSITION THAT THE
BILL WILL NOT COST THE STATE OR ANY LOCAL GOVERNMENTS ANY MONEY IF
THIS BILL SHOULD BECOME LAW?
MS. WALKER: WELL, IT IS MY POSITION AFTER HAVING
READ A NUMBER OF REPORTS ON HOW MUCH IT COSTS TO INCARCERATE
INDIVIDUALS, PRETRIAL AT THIS POINT -- I READ SOMEWHERE EVEN RECENTLY
THAT IT WAS UPWARDS OF $168,000 PER YEAR, PER INMATE. THIS BILL KEEPS
PEOPLE OUT OF JAIL AND, ULTIMATELY, IS A COST-SAVING MEASURE TO THE STATE
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OF NEW YORK.
MR. CURRAN: ABSOLUTELY. AND -- AND OBVIOUSLY,
THERE WILL BE COST SAVINGS, AND I'M GOING TO GET TO THAT IN A SECOND. BUT
LET ME JUST ASK YOU, BECAUSE OF THIS BILL, AND ALSO BECAUSE OF A VERY
SIMILAR BILL THAT WAS INSTITUTED AND PASSED IN NEW JERSEY, THE REGIONAL
ECONOMIC STUDIES INSTITUTE OF TOWSON UNIVERSITY PERFORMED A STUDY
WHICH REVIEWED THE NEW JERSEY PRETRIAL SERVICES PROGRAM COSTS OF
2017, AND AN ANALYSIS OF THE PROGRAM IMPLEMENTATION IN NEW YORK
STATE. ARE YOU AWARE OF THAT STUDY?
MS. WALKER: NEW JERSEY IS VERY NEW.
MR. CURRAN: IT IS. YOU'RE ABSOLUTELY RIGHT, 2017
IS ACTUALLY WHEN IT BECAME -- IT WENT INTO EFFECT. BUT ARE YOU AWARE OF
THE STUDY?
MS. WALKER: YES, I AM.
MR. CURRAN: OKAY. SO, IN LOOKING AT THAT STUDY --
YOU KNOW, THE TWO PROGRAMS, YOUR LEGISLATION AND THE PROGRAM IN NEW
JERSEY ARE VERY SIMILAR ON ALL GROUNDS. THERE IS ONE BIG DIFFERENCE:
THE NEW JERSEY PRETRIAL PROGRAM SET ASIDE -- IT ESTABLISHED A FUND TO
ALLEGEDLY PAY FOR THE PROGRAM. IT WAS CALLED THE 21ST CENTURY JUSTICE
IMPROVEMENT FUND. SO, LET ME JUST ASK YOU THIS: NOW TO BEGIN WITH,
DOES THIS LEGISLATION SET UP A FUND TO PAY FOR THIS LEGISLATION ONCE IT
GOES INTO EFFECT?
MS. WALKER: WE DID PROPOSE SOME FUNDING IN THE
STATE BUDGET THIS YEAR, AND WE WILL DO SO AGAIN NEXT YEAR.
MR. CURRAN: OKAY. BUT -- AND -- AND I HONESTLY
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DON'T KNOW, SO WAS IT PASSED IN THE BUDGET?
MS. WALKER: IT WAS -- IT WAS PASSED IN OUR
ONE-HOUSE BUDGET.
MR. CURRAN: OKAY. BUT WAS IT PASSED IN THE FINAL
BUDGET?
MS. WALKER: IT WAS PASSED IN OUR ONE-HOUSE
BUDGET.
MR. CURRAN: GOT THAT. BUT THE FINAL -- THE FINAL
2018-2019 BUDGET FOR NEW YORK STATE, DID IT CONTAIN A FUND? DID IT
CREATE A FUND THAT WOULD THEORETICALLY PAY FOR THIS PROGRAM IF IT WENT
INTO EFFECT?
MS. WALKER: A LOT OF LOCAL ASSISTANCE FOR THESE
PRETRIAL SERVICES DO EXIST AT PRESENT. AND WE WILL CONTINUE WITH THOSE
RESOURCES AS WELL, AND ALSO BE PROVIDING PROPOSALS FOR NEXT YEAR'S
BUDGET --
MR. CURRAN: OKAY.
MS. WALKER: -- IN ADDITION TO THAT.
MR. CURRAN: SO, I'M BEING TOLD THAT IT WASN'T
INCLUDED IN THE FINAL BILL -- IN THE FINAL BUDGET, SO THERE IS NO FUND. BUT
LET ME JUST ASK THIS: SINCE THERE IS NO FUND IN EXISTENCE TO HELP PAY FOR,
AT LEAST PARTIALLY PAY FOR THIS -- THIS PROGRAM, IS IT FAIR TO SAY THAT ANY
ADDITIONAL COSTS THAT COME FROM THIS PROGRAM WOULD FALL ON THE
COUNTIES SPECIFICALLY TO, SAY, HIRE AND COMPENSATE PRETRIAL SERVICE
AGENTS?
MS. WALKER: COUNTIES HAVE ALREADY BEEN PAYING
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FOR CRIMINAL JUSTICE. THEY DO SO EACH AND EVERY DAY.
MR. CURRAN: ABSOLUTELY.
MS. WALKER: THIS IS A COST-SAVING MEASURE. AND
I WOULD IMAGINE THAT THEY'D BE HAPPY AT THE COST SAVINGS THAT THEY
WOULD BE GOING THROUGH AS OPPOSED TO HAVING THIS -- AN EXCESS AMOUNT
OF DOLLARS ON DETAINING PEOPLE EACH AND EVERY DAY.
MR. CURRAN: OKAY. SO, THEN, IF I UNDERSTAND
WHAT YOU'RE SAYING AND TELLING ME, THEN YOUR -- YOUR POSITION IS THAT
THIS BILL WILL NOT SEE ANY COST BEING ASSOCIATED WITH THE COUNTIES. IN
FACT, WHAT YOU'RE TELLING ME IS THAT COUNTIES ARE ACTUALLY GOING TO
FINANCIALLY BENEFIT FROM THE IMPLEMENTATION OF THIS LEGISLATION. IS THAT
-- AM I UNDERSTANDING THAT CORRECTLY?
MS. WALKER: PROBATION SERVICES ARE CERTAINLY
CHEAPER THAN JAIL.
MR. CURRAN: OKAY. SO, DOES THIS --
MS. WALKER: DEFENDANTS ARE WORKING --
MR. CURRAN: LET ME -- LET ME JUST ASK YOU THIS:
SO IF, BY CHANCE, THAT COUNTIES ACTUALLY ASSUME OR INCUR ADDITIONAL
COSTS UNDER THIS PROGRAM, DOES THIS LEGISLATION ALL -- ALLOCATE ANY
ADDITIONAL FUNDS TO THE COUNTY TO COVER ANY ADDITIONAL COSTS?
MS. WALKER: UNFORTUNATELY, THIS IS NOT THE BUDGET
BILL. BUT IF THIS CERTAINLY WAS IN THE BUDGET BILL, I'M SURE WE'D BE
SUPPORTIVE OF ALL OF THAT, AND I HOPE THAT YOU WOULD JOIN ME IN THAT
SUPPORT.
MR. CURRAN: AND I WOULD -- ABSOLUTELY WILL, AND
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I'M GOING TO GET TO THE REASON WHY. BUT, FROM YOUR ANSWER, I'M -- I'M
ASSUMING, THEN, THIS BILL DOES NOT ALLOCATE ANY MONIES TO OUR COUNTIES
TO COVER ANY EXCESS COSTS. SO, WITH REGARDS TO THE NEW JERSEY, SINCE
NEW JERSEY, AS YOU SAID, JUST STARTED, THEY HAD A YEAR TO LOOK AT IT, AND
THIS STUDY ACTUALLY LOOKED AT THE COST. AND WHAT THEY DID WAS, THEY --
NEW JERSEY FIRST -- WHEN THEY ESTABLISHED AND THEY LOOKED AT THIS
PROGRAM, THEY THOUGHT THAT IT WAS GOING TO COST $22 MILLION TO
IMPLEMENT THIS -- THIS PROGRAM. AND THEY CREATED THIS FUND. AND AT
THE END OF THAT YEAR, TOW -- THE STUDY SAYS THAT THAT FUND IS GOING TO BE
SHORT $13 MILLION TO COVER THE EXCESS COSTS FOR THE IMPLEMENTATION IN
NEW JERSEY. SO BASED UPON THAT, IS IT STILL YOUR POSITION THAT -- THAT
LOCAL COUNTIES WILL NOT INCUR ANY COSTS?
MS. WALKER: WHAT IT -- WHAT MY POSITION IS AND
MY POSITION HAS BEEN AND WILL CONTINUE TO BE, IS THAT IT DEFINITELY COSTS
MORE MONEY TO -- TO COMPLETE PRETRIAL DETENTION THAN IT WOULD BE UNDER
A CIRCUMSTANCE WHERE WE ARE RELEASING INDIVIDUALS TO THE COMMUNITY
SO THAT THEY CAN PARTICIPATE IN THE WORKFORCE, RETURN BACK HOME TO THEIR
FAMILIES, ET CETERA, ET CETERA.
MR. CURRAN: OKAY. SO -- AND AGAIN, SO I'M GOING
TO GET TO THAT IN A SECOND. SO, IT'S STILL YOUR POSITION THAT THE COST
BENEFIT IS GOING TO OUTWEIGH ANY EXPENSE THAT THEY MAY ACTUALLY INCUR.
BUT JUST GETTING BACK TO NEW JERSEY AND THE STUDY. SO, IN ADDITION TO
THAT $22 MILLION FOR THE -- WHAT THEY PUT ASIDE IN THAT FUND, AND NOW
THEY'RE FINDING THAT THAT $22 MILLION IS SHORT IN THE FUND BY $13 MILLION,
THEY'RE SAYING THAT THAT DOESN'T EVEN CALCULATE THE COST, THE ADDITIONAL
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COST, OF THE NEW JERSEY PROGRAM ON THEIR COUNTIES. SO WHAT THIS STUDY
SHOWED WAS THAT THE ENTIRE COST OF THE PROGRAM IN NEW JERSEY, WHICH
IS EXTREMELY SIMILAR TO THE ONE IN NEW YORK, THE TOTAL COST IS $125
MILLION. SO, MY POINT IS THIS: THE -- THE STUDY SHOWED THAT IF THE NEW
YORK LEGISLATION, IF THIS BILL GOES THROUGH, THE COST ESTIMATES FOR THIS
PROGRAM WOULD BE $85.4 MILLION IN STARTUP COSTS, $185.6 MILLION IN
OPERATING COSTS, AND $16.8 MILLION IN ADDITIONAL COSTS. WOULD YOU
AGREE WITH THOSE NUMBERS FROM THAT STUDY?
MS. WALKER: WELL, I CAN'T SAY THAT I AGREE WITH
THOSE NUMBERS. BUT NUMBERS THAT I DO AGREE WITH LOOKS AT SOME
DETAINEES THAT HAVE BEEN HELD ACROSS THE STATE OF NEW YORK, LOOKING AT
EIGHT COUNTIES ONLY, THAT THERE WERE 113,015 PEOPLE WHO WERE DETAINED
BETWEEN THE YEARS OF 2000 AND 2014. AND IF YOU MULTIPLY THAT BY
$168,000 PER YEAR, I AM SURE THAT THE NET SAVINGS THAT ONE COUNTY OR
ANY PARTICULAR GROUPS OF COUNTIES WOULD BE ABLE TO BENEFIT FROM, WOULD
CERTAINLY OUTWEIGH ANY COST THAT THIS BILL WILL PROVIDE THAT THEY INCUR.
MR. CURRAN: AND I'M GLAD YOU SAY THAT, BECAUSE
THIS STUDY ACTUALLY LOOKED AT THE COST SAVINGS THAT NEW JERSEY -- AND
SINCE NEW JERSEY'S PROGRAM IS VERY SIMILAR TO NEW YORK, WHY DON'T
WE TAKE A LOOK AT WHAT THEY FOUND WITH REGARDS TO COST SAVINGS? NOW,
THE -- THE MEMO POINTS OUT THAT THERE IS CERTAINLY COST SAVINGS AND A
REDUCTION WITH REGARDS TO THE UNNECESSARY PRETRIAL DETAINEES. WHAT THE
STUDY SAID THAT IT INDICATED THAT THE NEW JERSEY EXPERIENCED A
COST-SAVINGS BENEFIT THROUGH DECREASED PRETRIAL DETAINEES IN THE
AMOUNT OF $67 MILLION. NOW, WHEN YOU COMPARE THAT NEW JERSEY
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COST-SAVINGS, $67 MILLION, WITH THE OVERALL COST OF THE PROGRAM, WHICH
WAS $125.6 MILLION, YOU'RE TALKING ABOUT A DEFICIT OF $67 MILLION
DEFICIT. SO, YOU JUST SAID THAT WE WOULD CERTAINLY SEE A COST BENEFIT
WHEN YOU COMPARE IT TO THE OVERALL COST OF THE PROGRAM, AND THAT'S
CERTAINLY NOT TRUE, OR IT HASN'T BEEN THE EXPERIENCE OF NEW JERSEY IN THE
ONE YEAR THAT THEY'VE HAD THIS PROGRAM. SO, ARE YOU STILL TELLING US THAT
THE -- ACTUALLY THE COST-SAVINGS IS GOING TO OUTWEIGH THE ACTUAL COST OF
THE PROGRAM?
MS. WALKER: WHAT I AM SAYING IS THAT YOU HAVE A
PRETTY GOOD GRASP ON WHAT'S HAPPENING IN NEW JERSEY. AND PERHAPS
THEY'D LIKE TO HEAR FROM YOU. HOWEVER, THIS BILL DOES NOT DEFER THE COST
OF PRETRIAL DETENTION TO THE STATE OF NEW YORK LIKE NEW JERSEY DOES.
INSTEAD, IT KEEPS THE COST ASSOCIATED WITH COUNTIES AND THE
RESPONSIBILITY AND THE ACCOUNTABILITY ARE ON COUNTIES TO DO SO, AS
OPPOSED TO THE STATE, AS OPP -- LIKE WHAT IS TAKING PLACE IN NEW JERSEY.
MR. CURRAN: YEAH, SO, LET ME JUST FIRST BE CLEAR.
THIS -- THIS STUDY WAS DONE SPECIFICALLY FOR TWO PURPOSES: ONE, TO
ACTUALLY CALCULATE THE COST OF THE NEW JERSEY PROGRAM, BUT THEN THEY
DID IT WITH THE SOLE PURPOSE OF DETERMINING HOW MUCH IT'S GOING TO COST
US HERE IN NEW YORK IF WE IMPLEMENT THE VERY SAME SYSTEM, OR CLOSE
TO IT, WHICH WE ARE DOING BY THIS BILL. SO, IF I UNDERSTAND WHAT YOU'RE
SAYING IS, OKAY, THE STATE DOESN'T HAVE TO ASSUME THIS ADDITIONAL
MONIES, BECAUSE CLEARLY, IF WE'RE GOING TO ACTUALLY HAVE THE SAME
RESULTS NEW JERSEY DOES, THE STATE'S NOT GOING TO HAVE TO PAY FOR IT, BUT
OUR COUNTIES ARE GOING TO ACTUALLY HAVE TO ASSUME FIVE TIMES THE
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AMOUNT OF WHAT THE PROJECTED ESTIMATES FOR THE COST OF THIS PROGRAM IS.
AND WE HAVE NOT PROVIDED ANYTHING IN THIS LEGISLATION TO COVER THEIR
COSTS.
MS. WALKER: I'M HAVING TROUBLE UNDERSTANDING
THE FIVE TIMES. AND -- AND AS MY -- MY COLLEAGUE LOVES TO SAY, TWO
PLUS TWO DON'T EQUAL 22.
MR. CURRAN: FAIR ENOUGH.
MS. WALKER: WHAT WE'RE SAYING HERE IS THAT
THERE'S GOING TO BE A NET COST SAVINGS TO COUNTIES BECAUSE THEY'RE
ALREADY SPENDING THAT MONEY. WE ARE NOT SHIFTING THESE COSTS FROM THE
COUNTIES TO THE STATE OF NEW YORK. SO, ULTIMATELY, I STILL BELIEVE AND
STAND BEHIND THE FACT THAT THIS WILL NOT INCUR ANY ADDITIONAL COST
BURDENS TO THE STATE OF NEW YORK, NOR TO THOSE COUNTIES.
MR. CURRAN: FAIR ENOUGH. SO SINCE YOU SAID THAT
YOU WERE HAVING DIFFICULTY UNDERSTANDING IT, LET ME JUST, THEN, TRY TO
CLARIFY IT. ACCORDING TO THE STUDY, THE NEW JERSEY PROGRAM, WHICH IS,
AGAIN, SIMILAR TO THIS LEGISLATION, WAS ESTIMATED TO COST THE TAXPAYERS OF
NEW JERSEY $22 MILLION. BUT IN THE END OF THE YEAR, IT ACTUALLY COST
$125.6 MILLION, WHICH IS MORE THAN FIVE TIMES THE ORIGINAL COST
ESTIMATE. SO, MY POINT IS, IF WE ARE SAYING THAT THE LEGISLATION IS
SIMILAR AND THAT THE COST FUNDING IS GOING TO BE SIMILAR, OUR COUNTIES
ARE GOING TO BE ASSUMING A COST OF FIVE TIMES THE AMOUNT OF WHAT WE'RE
SAYING THIS PROGRAM IS GOING TO COST, WHICH YOU STARTED OFF BY SAYING
IT'S NOT GOING TO COST US ANYTHING.
MS. WALKER: WHAT I AM SAYING IS THAT I HAVE A -- I
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HAVE, YOU KNOW, TROUBLE COMPARING APPLES TO ORANGES. THE KEY HERE,
WHAT I'M TRYING TO COMMUNICATE TO YOU, IS THAT NEW YORK STATE IS NOT
ASSUMING A STATEWIDE PRETRIAL SERVICES AGENCY. WHAT IT IS DOING IS
WORKING WITH THE COUNTIES THAT ARE ALREADY RESPONSIBLE FOR THIS JOB TO
BEGIN WITH. SO, YOU'RE TRYING TO, YOU KNOW, TO SAY HOW NEW YORK
STATE IS LIKE NEW JERSEY. THAT'S NOT WHAT THIS BILL DOES. MAYBE YOU
DIDN'T HAVE AN OPPORTUNITY TO READ THIS BILL AS WELL AS YOU DID THE NEW
JERSEY BILL, BUT I DO ENCOURAGE YOU TO TAKE A LOOK AND REALLY SEE WHAT
THIS BILL ACTUALLY DOES, AND I'M SURE THAT YOU WOULD AGREE WITH ME THAT
WE WILL BENEFIT FROM A NET COST SAVINGS AS OPPOSED TO ANY ADDITIONAL
COST TO THE STATE OF NEW YORK.
MR. CURRAN: NO, I ACTUALLY DID READ BOTH BILLS,
AND I THINK I HAVE A PRETTY GOOD UNDERSTANDING OF IT. I GUESS WHAT MY
-- MY CONCERN IS, IS THAT THE BILL MEMO IS SAYING THAT THERE IS GOING TO
BE NO COST, AND THAT WE HAVE A STUDY PERFORMED OF A SIMILAR BILL IN
NEW JERSEY THAT HAS SHOWN THAT THERE IS NOT ONLY A COST TO IT, BUT IT IS A
TREMENDOUS COST. AND AS YOU HAVE OUTLINED ON -- ON SEVERAL OCCASIONS
DURING THIS DEBATE, THAT THE COST IS GOING TO BE INCURRED BY THE
COUNTIES; NOT THE STATE, BUT THE COUNTIES. AND WE HAVE PUT IN NO
MECHANISM TO ACTUALLY -- TO PROVIDE HELP, FINANCIAL HELP TO THE COUNTIES
TO ACTUALLY DEAL WITH THIS.
MR. SPEAKER, ON THE BILL.
THANK YOU.
MS. WALKER: THANK YOU. WELL, PLEASE LET ME ALSO
STATE THAT WE DO PROVIDE PROBATION AID TO COUNTIES, AS WELL AS ACCESS
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FOR RESOURCES TO HELP OUT WITH PRETRIAL SERVICES.
MR. CURRAN: THANK YOU VERY MUCH.
MS. WALKER: THANK YOU.
MR. CURRAN: MR. (SIC) SPEAKER, ON THE BILL.
ACTING SPEAKER SEAWRIGHT: ON THE BILL.
MR. CURRAN: OKAY. SO, THIS -- THIS STUDY THAT WAS
PERFORMED BY TOWSON UNIVERSITY, IT CAME UP WITH A COUPLE OF
CONCLUSIONS, AND THE CONCLUSIONS WAS (SIC) THAT IF THIS LEGISLATION IS
ENACTED, THE TOTAL ESTIMATED COST TO IMPLEMENT AND OPERATE THIS
PROGRAM IS $287.8 MILLION A YEAR. THE STUDY ALSO ESTIMATES THAT A
REOCCURRING ANNUAL COST IS APPROXIMATELY $202.4 MILLION. ALL OF THESE
COSTS ARE GOING TO FALL TO OUR COUNTIES TO DEAL WITH, AND WE HAVE
PROVIDED THEM NO FISCAL ASSISTANCE IN DEALING WITH THIS. WE HAVE
BANTERED AROUND THE WORD A LOT, UNFUNDED MANDATE. THIS IS A HUGE
UNFUNDED MANDATE THAT WE ARE PUTTING ON OUR COUNTIES, AND THEY DON'T
KNOW IT -- IT'S COMING DOWN TO THE PIKE.
SO, BECAUSE OF THOSE REASONS, I'M GOING TO ASK MY
COLLEAGUES TO VOTE IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER SEAWRIGHT: MR. MORINELLO.
MR. MORINELLO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?
MS. WALKER: CERTAINLY.
MR. MORINELLO: AND I'M GOING TO PREFACE IT WITH
I'M ONLY GOING TO DEAL WITH DOMESTIC VIOLENCE ON THIS PARTICULAR BILL.
WAS THERE ANY CONVERSATIONS WITH ANY ADVOCATES OR
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VICTIMS OF DOMESTIC VIOLENCE?
MS. WALKER: YES.
MR. MORINELLO: OKAY. AND CAN YOU TELL ME TO
THE DEGREE THAT YOU HAD CONVERSATIONS, AND WAS IT -- I'M GOING TO
CLARIFY THAT WITH, WAS IT VICTIMS?
MS. WALKER: WE HAVE HAD CONVERSATIONS WITH
VICTIMS, YES.
MR. MORINELLO: OKAY. AND DID THEY EXPRESS TO
YOU THE MOST DANGEROUS TIME IN THEIR LIVES IS AFTER THEY HAVE THE
COURAGE TO MAKE -- TO CALL THE POLICE FOR AN ARREST WHEN THEY ARE BEING
ABUSED?
MS. WALKER: THEY HAVE EXPLAINED SOME OF THOSE
INSTANCES, YES.
MR. MORINELLO: OKAY. AND WHAT ABOUT THE
ADVOCATES?
MS. WALKER: THERE ARE A NUMBER OF DIFFERENT
ADVOCATES WHO WERE VICTIMS AS WELL, SO...
MR. MORINELLO: OKAY. AND I'M -- WERE THERE
ANY -- ANY OF THE DRAFTERS OF THIS BILL, DID THEY TAKE ANY COURSES
REGARDING THE PSYCHOLOGY OF ABUSERS OR VICTIMS AND THE RED FLAGS AND
THE DANGER PERIODS AND THE DANGER TIMES IN A VICTIM'S LIFE?
MS. WALKER: WELL, I'M GLAD THAT YOU MENTIONED
RED FLAGS, BECAUSE THERE ARE LAWS IN PLACE THAT TAKE AWAY THEIR GUNS AND
--
MR. MORINELLO: WE'RE NOT TALKING GUNS. LET'S
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NOT MIX APPLES WITH ORANGES. LET'S STAY WITH WHAT WE'RE ON. AND I
KNOW YOU LIKE TO SPIN OFF TO THE GUN ISSUE. WE'RE NOT TALKING THE GUN
ISSUE, WE'RE TALKING SAFETY AND SECURITY OF DOMESTIC VIOLENCE VICTIMS
WHEN THERE'S AN ARREST MADE. SO LET'S STAY WITH THE TOPIC, OKAY?
PLEASE.
MS. WALKER: OKAY. WELL, WE CAN TAKE IT AS --
MR. MORINELLO: ALL RIGHT. THANK YOU.
MS. WALKER: -- WE CAN TAKE IT ONE AT A TIME, OR WE
CAN TAKE IT THREE AT A TIME. BECAUSE AT THE END OF THE DAY, THE BEAUTY OF
BEING IN THIS POSITION AND HAVING GROWN UP IN THE COMMUNITY THAT I
GREW UP IN, I AM NO STRANGER TO DOMESTIC VIOLENCE, WHETHER IT WAS IN
MY OWN HOME LOOKING AT MY OWN MOM, OR GOING THROUGH MY OWN
EXPERIENCES, THE EXPERIENCES OF SISTERS AND BROTHERS WHO ARE ALL AROUND
ME. SO, NOT THAT -- I'M NOT GOING TO SAY THAT IT MAKES ME AN EXPERT IN
THE ISSUE, BUT IT AT LEAST GIVES ME A LEVEL OF CULTURAL COMPETENCY TO BE
ABLE TO BE A LEGISLATIVE ADVOCATE ON THEIR BEHALF AS WELL. SO, I AM
CONFIDENT IN WHAT WE DID HERE WITH RESPECT TO VICTIMS OF DOMESTIC
VIOLENCE.
MR. MORINELLO: BY LETTING THE ABUSER OUT
WITHOUT ANY RESTRICTIONS, WITHOUT ANY BAIL, WITHOUT ANY COOLING OFF
PERIOD --
MS. WALKER: I'M NOT SURE WHICH -- WHICH BAIL
REFORM BILL THAT YOU READ, YOU KNOW, MOST RESPECTFULLY --
MR. MORINELLO: WELL --
MS. WALKER: -- BUT THAT'S NOT WHAT HAPPENS HERE
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IN THIS BILL.
MR. MORINELLO: I JUST READ THIS BILL, AND YOU DID
-- FROM THE PREVIOUS BILL, YOU DID AMEND IT TO INCLUDE SEX CRIMES, BUT
NOT FOR DOMESTIC VIOLENCE. AND THE -- THE STATISTICS WILL SHOW THAT A --
A PERPETRATOR OF A SEX CRIME IS LESS LIKELY TO LEAVE THE COURTHOUSE AND
COMMIT A CRIME IMMEDIATELY, AS OPPOSED TO AN ABUSER IN DOMESTIC
VIOLENCE.
MS. WALKER: WELL, FOR THE MOST PART, YOU KNOW,
JUDGE, WE HAVE INCLUDED PROVISIONS FOR ELECTRONIC MONITORING WHEN IT
COMES TO FOLK WHO COMMIT DOMESTIC VIOLENCE CRIMES. THERE ARE ALSO
ORDERS OF PROTECTIONS THAT ARE IN PLACE IN ORDER TO PROTECT VICTIMS. BUT
IN ADDITION TO THAT -- I MEAN THIS -- THIS BILL DOES -- IT -- IT DOESN'T JUST,
YOU KNOW, DO A WHOLESALE, YOU KNOW, EVERYONE JUST GO HOME. IN THE
EVENT THAT YOU WERE CONVICTED OF A FELONY WITHIN THE PAST FIVE YEARS,
AND MANY TIMES IN DOMESTIC VIOLENCE SITUATIONS, THERE'S NO DOMESTIC
VIOLENCE CRIME, YOU EITHER COMMIT A FELONY OR YOU DIDN'T. AND WHERE
YOU DID, IF YOU COMMIT A MISDEMEANOR, IN THIS PARTICULAR SITUATION,
THEN YOU STILL WON'T HAVE -- YOU STILL HAVE ACCESS TO BAIL. THE JUDGE HAS
DISCRETION EVEN IN THESE SITUATIONS AS WELL. SO, I WILL GUARANTEE YOU
THAT IF WE HAVE HAD AN OPPORTUNITY TO REALLY JUST FLESH OUT ALL OF THE
DETAILS, AND THE BENEFITS, TO VICTIMS WHO -- WHO ARE -- MAY BE FEARFUL IN
THEIR HOMES OF SOMEBODY COMING HOME, THAT WE DID TAKE INTO THEIR --
TAKE THEIR SITUATIONS INTO CONSIDERATION. WE'VE HEARD THEIR CRIES AND
WE'VE DONE AS BEST AS WE COULD TO ANSWER ALL OF THOSE INDIVIDUAL
CIRCUMSTANCES.
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MR. MORINELLO: WELL, WHEN YOU SAY THE "BEST
YOU COULD," OKAY, ELECTRONIC MONITORING DOES NOT PREVENT THEM. AN
ORDER OF PROTECTION DOES NOT STOP A BULLET OR A FIST OR A BOMB OR A KNIFE
--
MS. WALKER: BUT YOU SAID GUNS. AND YOU SAID
DON'T BRING UP GUNS. AND ONE OF THE THINGS --
MR. MORINELLO: NO, NO, NO.
MS. WALKER: -- THAT I MENTIONED WAS THAT --
MR. MORINELLO: YOU'RE TALKING ABOUT --
MS. WALKER: -- WE ALSO REMOVED THEIR ACCESS AND
THEIR ABILITY TO CARRY GUNS --
ACTING SPEAKER SEAWRIGHT: ONE AT A TIME.
MR. MORINELLO: THAT'S -- I HELD OFF, THAT'S WHY, IF
YOU NOTICED, OKAY? THANK YOU. I CAUGHT THAT POINT.
BUT, THE POINT I'M TRYING TO MAKE WITH YOU IS THIS: IT
WOULDN'T HAVE BEEN A HARD FIX TO JUST ALLOW A JUDGE MORE DISCRETION IN
A DOMESTIC VIOLENCE INCIDENT TO ALLOW A COOLING-OFF PERIOD AND NOT
MAKE IT AN IMMEDIATE RELEASE. YOU WENT TO THE FELONIES, BUT WE'RE NOT
DEALING WITH THAT. WE'RE DEALING WITH A MISDEMEANOR DOMESTIC
VIOLENCE CALL FOR HELP TO THE POLICE. YET, YOU WANT TO RELEASE THEM TO
THE STREETS IMMEDIATELY. NOW, I DON'T UNDERSTAND WHY. IN THIS HOUSE,
YOU KNOW THAT YOU ADVOCATED FOR PROTECTION FOR VICTIMS IN DOMESTIC
VIOLENCE. WE HAD THAT WOMEN'S PROTECTION WEEK. YET, IT JUST SEEMS
THAT YOU'VE IGNORED THAT POINT. AND IT WOULDN'T HAVE BEEN A HARD FIX TO
JUST ADDRESS THAT ISSUE IN THIS BILL AND ALLOW A JUDGE TOTAL DISCRETION ON
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DOMESTIC VIOLENCE. I'M NOT ARGUING THE CONCEPT WITH YOU, I'M NOT
ARGUING THE NEED FOR BAIL REFORM. I'M JUST ARGUING THAT I -- I SUBMIT TO
YOU THAT THERE'S THE ONE AREA THAT PROBABLY IS THE MOST SEVERE THAT WAS
JUST LEFT UNANSWERED.
MS. WALKER: WELL, I -- I DISAGREE WITH YOU THAT --
THAT THE SITUATION WAS LEFT UNANSWERED. ONE OF THE THINGS, AGAIN, I
DON'T PROCLAIM TO BE A DOMESTIC VIOLENCE EXPERT, BUT ONE THING THAT I
KNOW LOOKING AT MY OWN HOME, WAS THAT MY MOM WAS DEPENDENT
ECONOMICALLY AND OTHERWISE ON MY FATHER. AND I ALSO REMEMBER THAT,
YOU KNOW, IF -- DURING THE SITUATIONS WHERE HE WAS BEHIND BARS, GUESS
WHAT? HE WASN'T WORKING. GUESS WHAT? THERE WERE SOME ISSUES THAT
WE HAD TO DEAL WITH DUE TO THE FACT THAT HE LOST HIS JOB. SO, AT THE END
OF THE DAY, THERE ARE OTHER -- OTHER FACTORS THAT WE HAVE TO CONSIDER AND
LOOK AT HERE, WHICH STILL PROVIDES A LEVEL OF PROTECTION FOR VICTIMS. I
MEAN, EVEN WHEN I THINK ABOUT, YOU KNOW, JUST HOW -- HOW MANY
PEOPLE HOW -- BASED ON THE ECONOMICS OF A SITUATION AND PEOPLE
NEEDED ACCESS TO THEIR -- THEIR SPOUSE OR WHOMEVER BEING HOME, HOW
MANY PEOPLE WOULD EVEN TO COURT AND SAY, YOU KNOW WHAT? I WANT TO
REMOVE THE -- I WANT TO REMOVE WHATEVER THESE CHARGES IT IS THAT I HAVE
AGAINST THIS PERSON BECAUSE I NEED MY HUSBAND AT HOME TO HELP ME
TAKE CARE OF THE CHILDREN. SO I DON'T THINK THAT WE JUST TOTALLY LEFT THEIR
CIRCUMSTANCES BY THE WAYSIDE. I DO LOOK FORWARD TO WORKING WITH YOU
FURTHER TO DISCUSS THIS BILL SO THAT SOME OF THE QUESTIONS THAT YOU MAY
HAVE, THAT YOU WILL FIND THAT MANY OF THE ANSWERS ARE RIGHT HERE WITHIN
THE FOUR CORNERS OF THIS DOCUMENT. THIS IS A BILL THAT I STAND BEHIND,
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AND I'M VERY, VERY PROUD OF. AND I'M SURE THAT THERE ARE MANY
ADVOCATES FROM THE DOMESTIC VIOLENCE COMMUNITY WHO SUPPORT ME IN
THAT STANCE.
MR. MORINELLO: WELL, THANK YOU.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER SEAWRIGHT: ON THE BILL.
MR. MORINELLO: I -- I JUST FIND THE HYPOCRISY OF
THIS PARTICULAR BILL FOR THE FOLLOWING REASONS: WE DISCUSSED AN EXPERT.
TEN YEARS, I SAT AS A DOMESTIC VIOLENCE JUDGE. FOUR TIMES A YEAR I WENT
TO CONFERENCES AND TRAININGS. YES, MANY TIMES THEY NEED THE OTHER
PARTY BACK IN THEIR HOUSEHOLD. BUT IT WOULD NOT HAVE BEEN A HARD FIX
TO ALLOW THE JUDGE TOTAL DISCRETION IN A DOMESTIC VIOLENCE SITUATION.
AND I'M NOT TALKING A SIMPLE HARASSMENT, BUT I'M TALKING AN ASSAULT, A
MISDEMEANOR ASSAULT. AND MANY TIMES, THE VICTIM, IT TAKES THEM MANY
BEATINGS, MANY INCIDENTS OF PSYCHOLOGICAL ABUSE, MANY INCIDENTS OF
FINANCIAL ABUSE, BEFORE THEY HAVE THE COURAGE TO CALL FOR HELP. AND
WHAT HAPPENS IN MOST OF THOSE INSTANCES, WHETHER IT'S A DAY, TWO DAYS
THAT THEY'VE BEEN KEPT APART FOR THE COOLING-OFF PERIOD, IT PROVIDES THE
VICTIM WITH A SENSE OF SECURITY TO BE ABLE TO PROTECT THEMSELVES. I FIND
THAT, YES, WE NEED TO ADDRESS THE BAIL SITUATION. BUT I FIND THAT THIS
MISSES THE MARK ON THE MOST VULNERABLE. WE DID INCLUDE THE SEX
CRIMES. BUT THE SEX CRIMES DOESN'T REALLY NOTE THE COOLING-OFF PERIOD.
THE ORDERS OF PROTECTION IN SEX CRIMES HAVE A LITTLE MORE STABILITY. AN
ORDER OF PROTECTION IN A DOMESTIC VIOLENCE SITUATION IS A PIECE OF
PAPER. I'VE TALKED -- SINCE THE FIRST BILL CAME BEFORE THIS AND I SPOKE ON
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IT, AND THIS BILL, I HAVE GONE BACK AND TALKED TO MY DETECTIVES, THE
INVESTIGATORS, AND THE ADVOCATES AND VICTIMS. VICTIMS THAT HAVE
BROKEN OUT OF THAT CYCLE OF ABUSE. AND THEY ALL TAKE HOMAGE WITH THE
FACT THAT THIS JUST COMPLETELY DISREGARDS. AN ANKLE MONITOR DOESN'T
PROTECT THEM, BECAUSE BY THE TIME YOU FIND OUT WHERE THAT ANKLE
MONITOR IS, THERE CAN BE A DEATH. LET'S LOOK AT THE NUMBER OF VICTIMS
THAT HAVE BEEN KILLED THAT HAVE HAD ORDERS OF PROTECTION.
SO, WITH THAT BEING SAID, AND WITH THIS HOUSE ALWAYS
PROTECTING THE -- THE VICTIM OF DOMESTIC VIOLENCE -- AND IN MOST
INSTANCES, OVER 90 PERCENT ARE WOMEN -- I'M GOING TO ASK MY
COLLEAGUES TO VOTE NO ON THIS PARTICULAR BILL, NOT BECAUSE IT'S NOT
WARRANTED. NOT BECAUSE WE NEED TO ADDRESS THE BAIL SITUATION, BUT
BECAUSE IT MISSES THE MARK ON THE MOST SERIOUS PART OF WHAT WE'RE
TRYING TO PROTECT. THANK YOU VERY MUCH.
ACTING SPEAKER SEAWRIGHT: MR. BARRON.
MR. BARRON: THANK YOU. ON THE BILL.
WE HAVE BEEN FIGHTING HARD OVER THE DECADES --
ACTING SPEAKER SEAWRIGHT: ON THE BILL.
MR. BARRON: -- TO DEAL WITH THIS QUESTION OF MASS
INCARCERATION. HEARD SOME OF MY COLLEAGUES TALKING ABOUT THE
ECONOMIC COST OF THIS BILL. WHAT ABOUT THE LIFE COST OF THIS BILL?
PEOPLE DON'T UNDERSTAND THAT THERE WAS A MAN BY THE NAME OF KALIEF
BROWDER, WHO STAYED ON RIKERS ISLAND FOR THREE YEARS. NOT RECEIVING A
TRIAL FOR THREE YEARS, CAME OUT DEPRESSED, COMMITTED SUICIDE. AND YOU
WANT TO TALK ABOUT THE COST. WHAT ABOUT THE COST OF LIFE? COMMITTED
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SUICIDE. HAD WE HAD BAIL REFORM, HE WOULD HAVE NEVER STAYED ON
RIKERS ISLAND FOR THREE YEARS. WE NEED TO GET TO SPEEDY TRIALS. WE
NEED TO GET TO NO BAIL, AS SOME OF THE MISDEMEANORS AND OTHER CHARGES
IN THIS CASE HAVE. THIS BILL WILL NOT EMPTY OUT RIKERS ISLAND AND CURE
EVERYTHING. AND BY THE WAY, ON THE QUESTION OF DOMESTIC VIOLENCE, ALL
OF US ARE CONCERNED ABOUT THAT, AND THERE WILL BE SOME MORE
DISCUSSION ON IT, AND THERE'S SOME MORE THINGS THAT COULD HAPPEN.
CERTAINLY, THE SPONSOR IS MORE CONCERNED ABOUT THAT PROBABLY THAN
ANYONE SITTING HERE. DO I LIKE HOW FAR IT WENT? DID IT GO FAR ENOUGH
FOR ME? ABSOLUTELY NOT. I WANT IT TO GO FARTHER. I'D LIKE TO SEE THE
O'DONNELL BILL AND THIS BILL COME TOGETHER AND GO FURTHER. BUT RIGHT
NOW, THE WAY THIS BILL IS DESIGNED, I'M GOING TO SUPPORT MY COLLEAGUE
ON THIS BECAUSE THERE ARE PEOPLE IN RIKERS ISLAND THAT 500 -- HAVE $500
BAILS, $1,000 BAILS FOR MISDEMEANORS THAT ARE LOCKED ON RIKERS ISLAND.
AND SOME PEOPLE -- THERE ARE DIFFERENT MOTIVES BEHIND SHUTTING DOWN
RIKERS ISLAND. SOME PEOPLE WANT EVERYBODY OUT SO THEY CAN GET THE
REAL ESTATE AND MAKE SOME MONEY AND BUILD SOME LAND. THEY COULD
CARE LESS ABOUT WHO'S IN RIKERS ISLAND. BUT THOSE OF US, LIKE THE
SPONSOR, WHO CARES ABOUT THE PEOPLE, THIS BILL AIN'T PERFECT. THIS AIN'T
NOWHERE NEAR IT, BUT IT'S GOING TO GET SOME OUT. AND THEN WE CAN STILL
BUILD ON IT AND AMEND WHAT WE HAVE TO AMEND, OR HAVE ASSOCIATE BILLS
TO GO WITH IT SO THAT WE CAN REACH THE FINAL DESTINATION, AND THAT'S TO
END MASS INCARCERATION, PARTICULARLY OF BLACK AND LATINO PEOPLE AND
POOR PEOPLE WHO CAN'T AFFORD $500 OR A $1,000 BAIL AND STUCK ON
RIKERS ISLAND FOR SOME NONSENSE. KALIEF BROWDER TOOK A BACKPACK.
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TOOK A SIMPLE THING -- AND DIDN'T EVEN DO IT. HE WAS INNOCENT. AND
YET, HE'S GONE BECAUSE WE'VE GOT SOME FOOLISHNESS AROUND BAIL.
THEY WANT TO BUILD JAILS IN THE INNER CITIES NOW. SHUT
DOWN RIKERS, TRANSFER ALL OF THE INMATES, PRETRIAL, TO THE INNER CITIES.
WOW, WHAT A SOLUTION. IF YOU DON'T DO SPEEDY TRIALS, IF YOU DON'T DO
BAIL REFORM, IF YOU DON'T DO SOMETHING LIKE THIS -- WE DON'T WANT THEM
TRANSFERRED FROM RIKERS ISLAND TO THE BRONX OR BROOKLYN. WE WANT
THEM OUT -- OR QUEENS -- WE WANT THEM OUT. WE WANT THEM OUT.
THESE ARE PRETRIAL INCARCERATED PEOPLE. THEY'RE INNOCENT UNTIL PROVEN
GUILTY. THEY'RE INNOCENT. NO MATTER WHAT LEVEL OF THE CRIME IS,
THEY'RE INNOCENT UNTIL PROVEN OTHERWISE. SO KEEP THAT IN MIND. EVERY
CRIME THAT WE'RE TALKING ABOUT HERE, THE PERSON IS INNOCENT UNTIL PROVEN
OTHERWISE. BAIL IS NOT SUPPOSED TO BE TO RETAIN PEOPLE THAT YOU THINK IS
GUILTY. THE 8TH AMENDMENT SAYS NO EXCESSIVE USE OF BAIL. THAT'S THE
8TH AMENDMENT OF THE CONSTITUTION, NO EXCESSIVE USE OF BAIL. AND IT'S
NOT SUPPOSED TO BE USED AS A PUNISHMENT FOR SOMEONE THAT'S INNOCENT
BECAUSE YOU THINK THEY'RE GUILTY AND THEY HAVEN'T EVEN HAD A TRIAL YET.
SO, I'M SUPPORTING THIS BILL. DIDN'T GO AS FAR AS I
WANTED IT TO GO. YOU REALLY WOULD HAVE BEEN UPSET IF YOU HEARD WHAT I
WANTED.
(LAUGHTER)
BUT, AT LEAST, AT LEAST, THE SPONSOR WORKED HARD. SHE
TALKED TO ALL OF US. I EVEN WENT BACK AND FORTH. LAST MINUTE, I WAS
READY TO BAIL OUT AND SHE SAID, NO, LET'S STICK WITH THIS, BECAUSE SHE WAS
WORKING HARD ON IT. SHE LOOKED AT EVERYTHING. I THINK THIS IS A STEP IN
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THE RIGHT DIRECTION. AND AS WE STEP IN THIS RIGHT DIRECTION, IF WE WANT
TO REALLY, REALLY TAKE CARE OF MASS INCARCERATION, REMEMBER THAT NEXT
TIME WHEN WE HAVE $168 BILLION BUDGET AND YOU DON'T DO NOTHING
ABOUT POVERTY. NOTHING ABOUT THE INCOME DISPARITY. IT'S EASY TO KEEP
US ON THIS LEVEL, BUT WHEN YOU HAVE AN OPPORTUNITY IN A CITY THAT HAS A
$90 BILLION -- $89 BILLION CITY BUDGET THEY JUST PASSED, $168 BILLION
STATE BUDGET, AND YOU'RE WONDERING WHY WE'RE LOCKED IN OUR
NEIGHBORHOODS COMMITTING THESE LITTLE PETTY CRIMES, BECAUSE WE DO
NOTHING ABOUT POVERTY. WE SHOULD HAVE A MULTIBILLION-DOLLAR PROGRAM
TO END POVERTY IN THESE COMMUNITIES, BECAUSE THERE'S A DIRECT
CONNECTION TO POVERTY AND CRIMINAL BEHAVIOR. THE REAL CRIME IS THOSE
OF US WHO HAVE THE MONEY, THOSE STATE APPARATUS THAT HAS THE MONEY
AND REFUSES TO USE IT FOR THE NEEDIEST PEOPLE IN THIS STATE. THIS BILL
TRIES TO PATCH UP SOMETHING THAT THE DEEPLY-ROOTED PROBLEM OF REALLY
ALLOCATING RESOURCES TO OUR COMMUNITIES THAT WILL BRING CRIME DOWN.
AND I DON'T WANT TO DISAPPOINT YOU AND NOT TELL YOU
THAT IT'S CAPITALISTIC GREED. A GREEDY, PARASITIC CAPITALIST SYSTEM WHERE
THE RICH GET RICHER AND THE POOR GET POORER. AND THEN WE SIT HERE AND
TALK ABOUT HOW WE COULD INCARCERATE THEM, WHO SHOULD BE LET OUT AND
WHO SHOULDN'T BE LET OUT. THIS BILL IS A SMALL STEP IN THE RIGHT DIRECTION.
IT AIN'T GONNA TO ENDS MASS INCARCERATION, NOR IS IT GOING TO RELEASE
EVERYBODY IN RIKERS ISLAND. BUT LET'S START IT, IMPROVE IT. AND I
COMMEND THE SPONSOR FOR DOING THIS AT THIS TIME FOR OUR COMMUNITY.
THANK YOU.
ACTING SPEAKER AUBRY: MR. TAYLOR.
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MR. TAYLOR: THANK YOU, MR. SPEAKER. I RISE TO
SHARE WHY I SUPPORT THIS --
ACTING SPEAKER AUBRY: ON THE BILL, MR.
TAYLOR.
MR. TAYLOR: ON THE BILL, ABSOLUTELY.
(LAUGHTER)
NOTHING ELSE BUT THE BILL. SO HELP ME.
(LAUGHTER)
MR. TAYLOR: I THINK THE SPONSOR HAS INTRODUCED A
PHENOMENAL PIECE OF LEGISLATION. AND IT REMINDS ME OF A GENTLEMAN
THAT GOT PICKED UP IN THE 30 PRECINCT ONE SUNDAY MORNING AT ABOUT
4:00. AND HE WAS ACCUSED OF BEING THE INFAMOUS SUBWAY BURGLAR THAT
HAD BEEN ROBBING FOLKS THROUGHOUT THE METROPOLITAN. AND BECAUSE HE
FIT A DESCRIPTION, HE WAS QUICKLY CARTED OFF TO.... WHAT'S THAT -- CENTER
STREET. AND A FEW OF US GOT TOGETHER LATER THAT EVENING AND WE WENT TO
FIND OUT WHAT IS GOING ON WITH THIS YOUNG MAN? HE'S PART OF MY PRAYER
WALK TEAM. HE'S A KNUCKLEHEAD, BUT HE'S NOT A CRIMINAL. SO, I SPEAK TO
THE DISTRICT ATTORNEY AND I SPOKE TO THE DEFENSE ATTORNEY, AND SHE KEPT
SAYING, WELL YOU'VE GOT TO HAVE SOME MONEY. YOU'VE GOT TO HAVE SOME
MONEY. AND I'M SAYING, WHY DO WE HAVE TO HAVE MONEY IF HE HASN'T
DONE ANYTHING? TO DO THAT, YOU'VE GOT TO HAVE MONEY. YOU KNOW, OR
HOW MUCH DO YOU HAVE AMONGST YOU? WHO CAN WE CALL? I MEAN,
HERE'S A GUY THAT HAS DONE NOTHING, BUT HE'S GOT TO HAVE SOME MONEY.
SO, I HELD MY LINE, AND THREE HOURS LATER WE'RE STILL SITTING IN COURT,
NIGHT COURT, WAITING BEFORE THE BUS GOES TO RIKERS FOR PEOPLE THAT DON'T
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MAKE BAIL. AND THE JUDGE ASKED, WHO'S IN THE AUDIENCE FOR THIS YOUNG
MAN? AND THERE WERE 12 OF US FROM THE COMMUNITY, EACH OF US
EMPLOYED, BETWEEN THE CITY AND THE STATE. AND WE SHARED WHO WE
WERE AND WHY WE WERE HERE, AND WE TALKED ABOUT THE YOUNG MAN. THE
ADA WAS ASKING FOR $50,000 BAIL. NOT THAT HE HAD A HISTORY, BUT THAT
THIS WAS A SERIOUS CRIME. AND THE CRIME WAS THAT THEY WERE NOT PAYING
ATTENTION TO THIS INDIVIDUAL AND THAT HE HAD DONE NOTHING. THERE WAS A
POSSIBILITY THAT HE WAS INNOCENT, BUT THE CRIME WAS HE WAS GOING TO
HAVE TO PAY $50,000 IF HE WANTED TO WALK OUT. THANKS BE TO GOD, THAT
JUDGE LISTENED TO THE PEOPLE THAT WERE STANDING THERE, AND GAVE THIS
MAN AN OPPORTUNITY -- HE LOST HIS JOB BECAUSE HE COULDN'T GO TO WORK,
BUT MY FORMER EMPLOYER AND BOSS, ASSEMBLYMAN HERMAN FARRELL,
GAVE HIS GUY A JOB UNTIL HE WAS ABLE TO GET ANOTHER ONE, BUT HE WOULD
HAVE HAD LOST EVERYTHING BECAUSE HE WOULD HAVE BEEN SITTING IN RIKERS
FOR SEVEN MONTHS, AT MINIMUM.
SO, I RISE TO SAY I SUPPORT THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MR. MOSLEY.
MR. MOSLEY: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: YOU'RE --
MR. MOSLEY: I WANT TO FIRST COMMEND --
ACTING SPEAKER AUBRY: YOU'RE ON THE BILL,
MR. MOSLEY.
MR. MOSLEY: ON THE BILL. THANK YOU.
ACTING SPEAKER AUBRY: WE'RE NOT VOTING YET.
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MR. MOSLEY: I'M SORRY. I FIRST WANT TO COMMEND
MY -- MY COLLEAGUE FROM BROOKLYN FOR CHAMPIONING THIS BILL. NO BILL
IS A PERFECT BILL. I THINK THAT COMES TO MIND THE SAFE ACT, WHICH IS
MY FIRST BILL IN WHICH WE VOTED. WE'VE COME TO AMEND THAT BILL
SEVERAL TIMES OVER, WHEN WE'RE DEALING WITH THE ISSUE OF GUN SAFETY.
BUT, THIS BILL, AS MY COLLEAGUE SAID, FROM BROOKLYN, MR. BARRON TALKED
ABOUT THE COST SAVINGS. WE'RE TALKING ABOUT THE COST OF LIVES THAT HAVE
BEEN LOST. THE COST OF OPPORTUNITIES THAT HAVE BEEN TAKEN AWAY. THE
COST OF PLACEMENTS IN COLLEGES AND UNIVERSITIES BECAUSE A PERSON IS
LANGUISHING IN JAIL, WAITING FOR THEIR TRIAL BECAUSE THEY CAN'T AFFORD BAIL.
ALL TOO OFTEN, AS WE VISIT JAIL -- JAIL -- RIKERS ISLAND ON SEVERAL
OCCASIONS, TIME AND TIME AGAIN WE HEAR OF PEOPLE WHO HAVE LOST OUT ON
SO MUCH BECAUSE THEY COULDN'T AFFORD SO LITTLE IN AN EFFORT TO BE OUT
CARRYING OUT THEIR LIVES AS THEY AWAIT TRIAL. SO, I WANT TO COMMEND THE
SPEAKER AND THE LEADERSHIP. I WANT TO COMMEND OUR COLLEAGUE FROM
BROOKLYN. BUT ON BEHALF OF VENIDA AND KALIEF BROWDER, WHO
UNFORTUNATELY, GAVE THE ULTIMATE PRICE AND THE ULTIMATE COST IN GIVING
UP THEIR LIVES, THOSE IMPACTED UNJUSTIFIABLY SO BY THIS SYSTEM, OR LACK
THEREOF, THAT I CAN ONLY BE -- IT CAN ONLY BE FITTING THAT WE SUPPORT THIS
PIECE OF LEGISLATION AND TO WORK ON IT GOING FORWARD, WHILE AT THE SAME
TIME IMPACTING THE LIVES OF THOSE WHO ARE BEING IMPACTED ON THIS VERY
DAY AND IN THIS VERY MOMENT.
SO, I WHOLEHEARTEDLY, ON BEHALF OF THIS -- ON -- ON THE
BILL, I CAN'T WAIT TO VOTE IN THE AFFIRMATIVE IN SUPPORT OF THIS IMPORTANT
PIECE OF POLICY AND LEGISLATION. THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JUNE 12, 2018
ACTING SPEAKER AUBRY: THANK YOU, MR.
MOSLEY.
MR. BLAKE.
MR. BLAKE: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
BLAKE.
MR. BLAKE: ON APRIL 18TH, 2016, THE ATLANTIC
MAGAZINE RELEASED A STORY THAT WAS FOCUSED ON THE ECONOMIC
CONDITIONS THAT EXIST FOR PEOPLE ACROSS THIS COUNTRY. AND THE FEDERAL
RESERVE ASKED IN THAT STUDY, MR. SPEAKER, OF RESPONDENTS, IF YOU FACED
AN EMERGENCY OF $400, HOW MANY COULD NOT AFFORD THAT? FORTY-SEVEN
PERCENT OF AMERICANS IN THE COUNTRY SAID THEY COULD NOT AFFORD AN
EMERGENCY OF $400 THAT WOULD COME UPON THEM AT THAT TIME.
SECONDLY, WHEN LOOKING AT REPORTS IN 2012 AND IN 2016, COLLEAGUES,
WHERE 52 PERCENT OF PRETRIAL DETAINEES COULDN'T AFFORD BAIL, AND YOU
LOOK AT 2016, WHERE 88 PERCENT OF THOSE THAT ARE ON RIKERS RIGHT NOW
ARE BLACK AND LATINO.
FIRST AND FOREMOST, I WANT TO COMMEND THE SPONSOR OF
THIS BILL, WHO NOT ONLY HAS A BACKGROUND IN THE LAW, HAS AN
UNDERSTANDING FROM A PUBLIC HOUSING UPBRINGING, UNDERSTANDS THE
ISSUES THAT HAVE BEEN DESCRIBED FIRST AND FOREMOST, AND SO WE SALUTE
YOU AND LET US NOT TRY TO DISRESPECT HER BECAUSE OF GENDER, WHICH IS
WHAT I KEPT FEELING WAS HAPPENING IN THE MIDST OF THAT DEBATE. NOW,
WHEN I HEAR OF KALIEF BROWDER, ALLOW US TO PUT THIS BACK INTO
PERSPECTIVE AGAIN. KALIEF WAS OUR CONSTITUENT. KALIEF WAS TRYING TO
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TURN HIS LIFE AROUND. KALIEF WAS AT RIKERS FOR ALLEGEDLY STEALING A
BOOKBAG, WHICH, FOR THE RECORD, NEVER WAS CONVEYED THAT HE ACTUALLY
DID. THEY TRIED TO GET HIM TO COP A GUILTY PLEA BECAUSE HE REFUSED TO
DO THAT. PEOPLE ALSO SOMETIMES FORGET, MR. SPEAKER AND COLLEAGUES,
THAT KALIEF TRIED TO TAKE HIS LIFE WHILE HE WAS INCARCERATED BECAUSE OF
FIGHTS THAT BROKE OUT IN RIKERS BECAUSE THEY WERE TRYING TO GET HIM TO
AGAIN COMMIT TO A CRIME HE HAD NOT COMMITTED. THEN AFTER HE CAME
OUT FROM JAIL, KALIEF WAS TRYING TO TURN HIS LIFE AROUND. KALIEF WAS AT
BRONX COMMUNITY COLLEGE. WE SAT THERE WITH THIS FAMILY AS HE TRIED
TO TURN HIS LIFE AROUND. AND KALIEF EVENTUALLY TOOK HIS LIFE BECAUSE WE
WEREN'T ADDRESSING WHAT WAS HAPPENING AROUND MENTAL HEALTH AND ALL
THE CHALLENGES THAT HAPPENED. THEREAFTER, HIS MOTHER VENIDA, WHO
WAS ALSO OUR CONSTITUENT, THE REASON WHY VENIDA IS NOT HERE ANY LONGER
IS HER HEART LITERALLY GAVE OUT FROM THE CONSISTENT HEART ATTACKS THAT SHE
WAS EXPERIENCING BECAUSE WE HAVE THIS INHUMANE SYSTEM WHERE YOU'RE
KEEPING PEOPLE INCARCERATED BECAUSE THEY CAN'T AFFORD BAIL. IT IS
WRONG. IT IS UNJUST, IT IS INHUMANE IN ALL ASPECTS. AND WHENEVER WE
START TALKING ABOUT THIS, THE REASON WHY WE'RE HERE RIGHT NOW IS PEOPLE
SHOULD NOT BE DENIED JUSTICE BECAUSE YOU CAN'T AFFORD TO PAY A BILL.
WHEN WE TALK ABOUT EQUITY, WHICH OFTEN IS REFERRED TO, YOU CAN'T ASSESS
THIS AND NOT HAVE A BROADER CONVERSATION UNLESS SEEING WHAT'S
HAPPENING HERE. THE COURTHOUSE THAT'S IN THE BRONX IS IN OUR DISTRICT,
AS IS BRONX DEFENDERS. IT'S THE REASON WHY SO MANY OF US KEEP TALKING
ABOUT ADDRESSING BAIL. BECAUSE TOO MANY PEOPLE ARE HAVING THEIR
DREAMS DENIED AND DELAYED, PURELY BECAUSE THEY DON'T HAVE ENOUGH IN
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THEIR BANK ACCOUNT, PURELY BECAUSE THEY DON'T HAVE ENOUGH IN THEIR
POCKET.
SO, NOT ONLY DO I SUPPORT THIS BILL, BUT I ASK US THAT
WHEN WE KEEP TRYING TO LOOK AFTER PERFECTION -- AND I'M ALWAYS
INTERESTED WHEN I LISTEN TO CONVERSATIONS AND PEOPLE ASSESS THEIR VALUES
IN THIS ASPECT -- I TRY TO REMIND PEOPLE ALSO AS A LAY MINISTER, THAT
INJUSTICE HAPPENED AGAINST JESUS AT THE END. WHEN THE CROWDS TRIED TO
GO AGAINST HIM, AND THE CROWDS SPOKE OUT AGAINST HIM, AND BECAUSE OF
A CRIMINAL INJUSTICE SYSTEM THAT HAPPENED THEN, AND ONE THAT CONTINUES
TO HAPPEN NOW, WE'RE CONTINUING IT AND BE IN THIS ASPECT ON TODAY. TOO
OFTEN, BLACK AND BROWN COMMUNITIES ARE BEING DEVASTATED PURELY
BECAUSE OF THE AMOUNT OF MONEY THEY DON'T HAVE. LET'S NOT CONTINUE
THIS NEW FORM OF JIM CROW. LET US NOT CONTINUE THIS NEW FORM OF
DISCRIMINATION. IT IS TIME FOR US TO CHANGE THE POLICIES THAT EXIST. I
ADAMANTLY SUPPORT THIS. I COMMEND THE SPONSOR OF THIS BILL. IT IS TIME
FOR US TO MOVE FORWARD ON ENDING BAIL AND ENDING THE DISCRIMINATION
THAT HAPPENS AGAINST OUR COMMUNITIES.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. DICKENS.
MS. DICKENS: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
DICKENS.
MS. DICKENS: THIS BILL, IN MOST INSTANCES,
ELIMINATES THE OPTION FOR A COURT-IMPOSED MONETARY BAIL REQUIREMENT.
HOWEVER, NOT EXCLUSIVELY. THE COURT HAS NOT LOST ITS ABILITY TO DECIDE
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THAT THERE NEEDS TO BE A BAIL SET, NOR DOES THIS BILL DENY THE COURT THE
ABILITY TO DECIDE THAT THERE NEEDS TO BE OTHER RAMIFICATIONS, SUCH AS
PERSONS WHO HAVE NOT APPEARED TIMELY IN COURT. TODAY WE'VE HEARD
ARGUMENTS THAT MAKES IT SEEM AS IF THAT IS THE CASE. I STAND WITH MY
COLLEAGUE IN SUPPORT OF THIS, BECAUSE DISCRIMINATION HAS BEEN USED
OVER THE YEARS TO DENY BLACK AND BROWN PEOPLE THE ABILITY TO BE FREE
UNTIL CONVICTED. AND THAT IS WHAT OUR CONSTITUTION SAYS, THAT YOU ARE
INNOCENT UNTIL PROVEN GUILTY BY A JURY OF YOUR PEERS. SO, WHEN BAIL HAS
BEEN SET AND THOSE PERSONS CANNOT AFFORD IT FOR LESSER CRIMES, THEN THAT
IS OUTRIGHT DISCRIMINATION. WE ALSO, WHEN WE TALK ABOUT THE COST OF --
OF THESE BILLS THAT WE ENACT, LET US THINK ABOUT THAT -- THE SAVINGS THAT
COMES WHEN WE ARE NOT ABLE TO HAVE TO PAY FOR -- FOR SALARIES FOR THE
EXTENSION OF JAILS TO BE OPEN FOR DETAINEES FOR LESSER CRIMES, WHEN WE
COULD PUT THAT MONEY TO BETTER USE, SUCH AS IN DRUG TREATMENT CENTERS
OR ALTERNATIVES TO INCARCERATION. WHAT COST DO WE PUT ON A LIFE TODAY?
WHAT COST DO YOU PUT ON YOUR CHILD'S LIFE TODAY?
SO I STAND WITH MY COLLEAGUE. I THANK HER FOR
STANDING UP AND DOING SOMETHING THAT SHOULD HAVE BEEN DONE YEARS
AGO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. ON THE BILL. I --
ACTING SPEAKER AUBRY: ON THE BILL.
MRS. PEOPLES-STOKES: -- WANT TO JOIN MY
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COLLEAGUES IN APPLAUDING THE SPONSOR OF THIS LEGISLATION, AND JUST
REMIND MY OTHER COLLEAGUES THAT, YOU KNOW, IT'S BEEN 1791 SINCE OUR
CONSTITUTION, SPECIFICALLY THE 7TH AMENDMENT AND THE 8TH AMENDMENT
SAID YOU SHOULD HAVE A JURY TRIAL. AND IT ALSO SAID THAT, YOU KNOW, BAIL
SHOULD NOT BE OPPRESSIVE. THAT'S BEEN SINCE 1791. IN FACT, MR.
SPEAKER, THAT'S THE SAME YEAR AS THE 2ND AMENDMENT THAT SAYS YOU
HAVE A RIGHT TO BEAR ARMS. IF THAT ONE IS IMPORTANT, IT HAS TO BE
PRESERVED, THEN THE OTHER TWO HAVE TO BE PRESERVED AS WELL. AND SO I
THINK WHAT MY COLLEAGUE HAS DONE HERE TODAY IS TO TRY TO RIGHT THINGS.
PUT THINGS RIGHT BACK WHERE THEY'RE SUPPOSED TO BE, WHERE PEOPLE
SHOULD HAVE A JURY TRIAL BEFORE THEY'RE INCARCERATED EXTENDED PERIODS OF
TIME, AND WHEN PEOPLE SHOULD NOT BE OPPRESSED BY BAIL BECAUSE THEY
CAN'T AFFORD IT. I -- I THINK THIS IS A -- A GREAT START ON THIS LEGISLATION.
AND YOU KNOW WHAT? I -- I WANT TO ASK FOLKS WHO WANT UP TO BRING UP
RED HERRINGS ABOUT THINGS THAT ARE NOT IN HERE, TO PUT THEMSELVES IN THE
POSITION OF MR. KALIEF, WHO IS NOT HERE ANY LONGER. WOULD YOU LIKE TO
TO BE INCARCERATED FOR YEARS, MONTHS, FOR SOMETHING THAT YOU DIDN'T
EVEN DO, JUST BECAUSE YOU COULDN'T AFFORD BAIL? YOU KNOW, WE LOOK AT
-- SPEND MONEY ALL THE TIME, MR. SPEAKER. IT SAYS, IN GOD WE TRUST.
BUT DO WE REALLY? DO WE REALLY, WHEN WE WANT TO TREAT SOME PEOPLE
DIFFERENTLY BECAUSE THEY HAVE LESS MONEY THAN OTHER PEOPLE? DO WE
REALLY? I DON'T THINK WE DO. AND I THINK I WILL CALL INTO JUDGMENT
ANYBODY'S THOUGHT PROCESS WHO WANTS US TO STAY IN 2018, WHEN, QUITE
FRANKLY, WE BELONG IN 1791 WHEN THIS AMENDMENT WAS CREATED AND
GAVE US ALL THE RIGHT TO A JURY TRIAL AND TO A RIGHT TO A NON-OPPRESSIVE
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BAIL.
SO, I APPLAUD THE SPEAKER OF THIS LEGISLATION -- THE
PRESENTER OF THIS LEGISLATION, AND I LOOK FORWARD TO VOTING IN THE
AFFIRMATIVE. AND I HOPE THAT MY COLLEAGUES WILL JOIN ME, BECAUSE IT'S
THE RIGHT THING TO DO. IT WILL NOT HURT ANYONE. IN FACT, IT WILL HELP US
ALL. GOD HELP US ALL.
ACTING SPEAKER AUBRY: MS. GLICK.
MS. GLICK: I SUPPORT THE LEGISLATION. I APPLAUD THE
-- THE SPONSOR OF THE LEGISLATION. AND I THINK THAT IT HAS LONG BEEN AND
MANY DIFFERENT PERIODS SINCE BLACKSTONE HAVE THERE BEEN STATEMENTS
THAT INDICATE THAT IT IS BETTER FOR A GUILTY PERSON TO GO FREE THAN TO
INCARCERATE OR TO EXECUTE AN INNOCENT PERSON. SOME HAVE SAID IT'S
BETTER FOR 10 GUILTY, OR 100 GUILTY, TO GO FREE SO THAT AN INNOCENT PERSON
IS NOT UNJUSTLY TREATED. AND SO, THERE HAVE BEEN MANY WEALTHY PEOPLE
WHO HAVE COMMITTED PRETTY HEINOUS CRIMES, OR ALLEGED TO HAVE
COMMITTED HEINOUS CRIMES, AND THE DISTRICT ATTORNEY MAKES AN
ARRANGEMENT WITH THEIR HIGH-PRICED LAWYER FOR THEM TO COME IN AT A
PARTICULAR TIME SO THAT THEY CAN USE THEIR RESOURCES TO POST BAIL, AND
THEN THEY LEAVE. THEY ARE -- NEVER SPEND ANY TIME IN JAIL WHILE
ACCUSED, WHILE SO MANY POOR PEOPLE CAUGHT UP IN OUR JUSTICE SYSTEM --
WHICH IS NOT ALWAYS SO JUST -- HAVE NO RECOURSE. THEY ARE LIVING ON THE
EDGE. THEY DON'T HAVE SICK DAYS, THEY DON'T HAVE PERSONAL DAYS, SO
THEY LOSE THEIR JOB. IF THEY LOSE THEIR JOB, THEY LOSE THEIR HOUSING. THE
COST TO SOCIETY FOR MAKING A MISTAKE IS TREMENDOUS. IT'S NOT JUST FOR
THAT FAMILY, THAT PERSON. IT COULD BE THEIR FAMILY. AND IT IS ULTIMATELY
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A COST THAT WE ALL BEAR. SO, I THINK THAT THIS IS A REASONABLE AND
COMMONSENSE -- WHICH APPARENTLY IS NO LONGER SO COMMON -- FOR US TO
ELIMINATE WHAT IS THE EQUIVALENT OF A -- A POVERTY TAX. IF YOU DON'T
HAVE MONEY AND YOU'RE ACCUSED OF SOMETHING, THEN TOO BAD. AND
NOBODY TURNS AROUND AND HANDS THAT PERSON BACK A JOB. NOBODY HANDS
THEM BACK THE HOUSING. NOBODY DOES ANYTHING. THEIR LIVES ARE TURNED
UPSIDEDOWN. THEIR CHILDREN COULD BE AFFECTED. THEIR PARENTS COULD BE
AFFECTED. THIS IS ABOUT MAKING OUR LAWS MORE JUST, AND REFLECTING ON
WHAT IS CLEARLY A RACIAL BIAS IN OUR SOCIETY.
SO, I COMMEND THE SPONSOR, AND I WILL PROUDLY BE
SUPPORTING THE BILL AND HOPE THAT WE GET TRACTION IN BOTH HOUSES.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. DIPIETRO.
MR. DIPIETRO: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. DIPIETRO: I WANT TO GIVE YOU A LITTLE DIFFERENT
PERSPECTIVE, JUST BECAUSE I'VE DEALT WITH THIS FOR THE LAST 60 DAYS, SO I'M
GOING TO TELL YOU SOMETHING THAT'S BEEN GOING ON IN MY LIFE DAILY FOR 60
DAYS. OUR BEST FRIEND'S DAUGHTER, WHO'S 22, WAS ARRESTED. SHE'S A
HEROIN USER. THE PARENTS HAVE TRIED. THEY'RE GREAT CHRISTIANS AND
THEY'VE TRIED TO GET THEIR DAUGHTER HELP. THE DAUGHTER DOESN'T WANT IT.
AND SHE'S GOT -- SHE'S BEEN GOING BACK. AND SHE WAS AT A POINT WHERE
THEY FOUND HER, AFTER TWO WEEKS MISSING. AND IF YOU KNOW HEROIN
USERS, WHEN IT GETS TO A CERTAIN POINT, THEY CUT THEMSELVES. THEY --
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THEY SCAR THEIR FACES AND IT GETS VERY -- THEY -- THEY DON'T KNOW WHAT
THEY'RE DOING. THEY'RE -- THEY'RE SO FAR GONE. AND WHEN THE POLICE
PICKED HER UP AND THEY TOOK HER IN, THE PARENTS WERE FRANTIC. THEY
WERE HAPPY SHE WAS ALIVE. AND I'M TELLING YOU THIS BECAUSE THE JUDGE
IN THE -- IN A SMALL COMMUNITY IN THIS COUNTY, SET THE BAIL
EXTRAORDINARILY HIGH, $25,000. AND THE PARENTS CALLED ME AND SAID,
ANYTHING YOU CAN DO? NOT TO FIX IT. WE DON'T WANT HER OUT, THEY SAID.
WE DON'T WANT HER OUT. IF SHE GETS OUT, SHE'S GOING TO -- SHE'LL BE DEAD
IN A DAY. AND I CALLED THE JUDGE, HE WAS ACTUALLY ON VACATION ON A
BEACH IN CALIFORNIA. AND HE CALLED ME RIGHT BACK, AND HE SAID, DAVE, I
KNOW THE CASE. HE GOES, I SET THAT BAIL HIGH. AND I SAID, NO, I'M NOT
HERE TO ARGUE THE BAIL, THE PARENTS DON'T WANT HER OUT. HE SAYS, I
AGREE, THAT'S WHY I DID IT. I TALKED WITH THE DA. I TALKED WITH HER
ATTORNEY. I TALKED WITH THE POLICE. THEY SAID IF SHE GETS OUT, SHE'S
DEAD. SHE'S NOT GOING TO MAKE IT 24 HOURS. AND SO ON THIS -- IN THIS
RESPONSE -- AND I TOLD HER PARENTS, THEY'RE SO HAPPY, THAT THIS BILL, I
SUPPORT IT. AND -- AND THEY TOLD ME TWO THINGS. THEY SAID, NUMBER
ONE, DAVE, USE THIS CASE AS A REASON WE DON'T SUPPORT THIS BILL. AND AT
THE TIME, 60 DAYS AGO, I SAID, I'M NOT REALLY FAMILIAR WITH IT. AND THEY
-- AND THEY SENT ME OVER THE LANGUAGE OF THIS, AND I -- AND THEY SAID,
DAVE, USE THIS CASE. IF THIS LAW GOES THROUGH, THERE'S -- OUR HANDS ARE
TIED. WE HAVE TO LET HER GO, AND SHE'S DEAD. END OF STORY. THIS IS
FROM THE JUDGE AND THE DA OF WYOMING COUNTY. AND I -- AND I WHEN
LOOKED AT IT -- AND THEN THEY SAID, THE -- THE SECOND PART WAS, THEY SAID,
DAVE, WE ALSO UNDERSTAND WHY THIS BILL IS THERE, BECAUSE WE SEE IT. WE
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TALKED TO OUR COUNTERPARTS IN NEW YORK CITY. THIS IS A HUGE ISSUE.
AND WE SUPPORT --
ACTING SPEAKER AUBRY: MS. WALKER, WHY DO
YOU RISE?
MR. DIPIETRO: OH, I'M SORRY.
MS. WALKER: I RISE, MR. SPEAKER, TO JUST POINT OUT
A NUMBER OF THINGS THAT THIS BILL DOES ACTUALLY ACCOMPLISH --
ACTING SPEAKER AUBRY: MS. WALKER, YOU CAN
ASK THE SPEAKER TO YIELD, BUT YOU'D HAVE TO WAIT IN ORDER TO MAKE A
STATEMENT --
MS. WALKER: THANK YOU.
ACTING SPEAKER AUBRY: -- SO IF YOU WOULD --
MS. WALKER: WOULD YOU --
ACTING SPEAKER AUBRY: -- ASK HIM A QUESTION,
YOU CAN --
MR. DIPIETRO: I WOULD -- CAN YOU WAIT ONE
SECOND? I'LL BE GLAD -- I JUST WANT TO FINISH THIS STORY BECAUSE I ACTUALLY
SUPPORT THIS, BUT I WANTED TO LET YOU KNOW THAT THERE'S ANOTHER SIDE,
WHERE IN THE SMALLER COMMUNITIES, THEY ACTUALLY -- THEY --THEY DON'T SET
BAIL ARBITRARILY OR -- OR CAPRICIOUSLY, THEY -- THEY LOOK AT EVERY
INDIVIDUAL CASE. I KNOW IN BIGGER -- LIKE IN ERIE COUNTY, WHERE
BUFFALO IS, THAT DOESN'T HAPPEN BECAUSE THERE'S SO MANY CASES. BUT ON
THE SMALLER -- ON THE SMALLER ONES, THEY SAID, DAVE, WE LOOK AT EVERY
CASE. WE GO THROUGH WITH THE SOCIAL WORKERS, AND WE KNOW WHAT'S
GOING ON. AND SO WE TRY NOT TO SET EXORBITANT BAIL BECAUSE WE KNOW
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OUR COMMUNITY. THEY SAID, BUT IN -- LIKE IN NEW YORK OR IN BUFFALO
AND ERIE COUNTY, THEY DO THAT. AND HE SAYS, WE UNDERSTAND WHY, AND
WE UNDERSTAND THAT THIS -- WHAT THIS BILL DOES. THEY SUPPORT IT. BUT
THEY SAID THEY WOULD LIKE IT TIGHTENED UP IN A COUPLE OF AREAS, BECAUSE
IN THIS CERTAIN CASE, WE WOULD HAVE SOMEONE THAT EVERYONE AGREED
WOULD NOT MAKE 24 HOURS.
SO, I JUST WANTED TO GIVE THE OTHER SIDE OF THE STORY,
BECAUSE I'VE BEEN DEALING WITH IT FOR 60 DAYS AND IT HAS AFFECTED OUR
FAMILY GREATLY. AND I'VE BEEN WORKING WITH THE DAS AND THE JUDGES
AND THEY'VE BEEN TALKING ABOUT THIS BILL, PRO AND CON, AND I WANTED TO
LET -- JUST LET YOU KNOW I'M NOT TRYING TO CHANGE THE -- THE DYNAMIC OF A
VOTE HERE, I JUST WANTED TO GIVE YOU -- THERE IS ANOTHER SIDE TO THAT
STORY. AND I'D BE GLAD TO ANSWER ANY -- ANY QUESTIONS.
MS. WALKER: IN THAT REGARD, THANK YOU SO MUCH.
ARE YOU AWARE THAT IN THIS BILL, THAT THE JUDGE HAS THE ABILITY, IN SOME
OF THE NON-MONETARY CONDITIONS, FOR THE JUDGE TO RECOMMEND THAT A
PERSON SEEK DRUG TREATMENT?
MR. DIPIETRO: THEY -- THEY DO. SHE IS ACTUALLY --
IN THE LAST TWO WEEKS, SHE'S IN VERMONT IN A -- A BED SPECIFIC FOR HER --
FOR HER TREATMENT.
MS. WALKER: SO, EVEN IN THE EVENT THAT SHE MAY
NOT GET A $25,000 BAIL SET ON HER, SHE STILL HAS ACCESS TO MAKE SURE THAT
SHE'S GETTING THE TREATMENT THAT IS NECESSARY SO THAT EVERYTHING THAT WE
DO SORT OF SPEAKS IN THE SAME LANGUAGE. AND WE'RE NOT CRIMINALIZING
PEOPLE WHO HAVE DRUG ADDICTIONS. AND WE'RE TREATING IT LIKE A PUBLIC
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HEALTH ISSUE, THE WAY THAT IT SHOULD, SO THAT SHE CAN GAIN ACCESS TO THE
NECESSARY TREATMENT TO HELP HER RELIEVE HERSELF FROM THAT ISSUE. IN
ADDITION TO THAT, THERE IS ALSO A PLACE WITHIN A -- WITHIN THIS BILL THAT SHE
CAN VOLUNTARILY REQUEST THAT BAIL BE SET ON HER, WHETHER THROUGH HERSELF
OR THROUGH HER ATTORNEY. SO, THERE ARE SOME CONDITIONS THAT -- THAT WE
HAVE TAKEN INTO CONSIDERATION FOR UNDER THOSE VERY CIRCUMSTANCES,
THOUGH IT'S NOT LIMITED TO THOSE CIRCUMSTANCES, THAT SOMEONE CAN AVAIL
THEMSELVES OF IN THE EVENT OF THAT VERY UNFORTUNATE SITUATION, BUT A
SITUATION THAT I THINK WE KNOW ALL TOO WELL.
SO THANK YOU VERY MUCH.
MR. DIPIETRO: AND -- AND THANK YOU, MRS. (SIC)
WALKER. I JUST WANT TO RESPOND. UNDER THIS CIRCUMSTANCE, HER ATTORNEY
PLED NOT GUILTY EVEN THOUGH WHATEVER, BUT THEY HAD PLED NOT GUILTY AND
THEY ASKED -- SHE ASKED TO BE RELEASED ON HER OWN RECOGNIZANCE AND
THE JUDGE TOLD ME THAT THE WAY THAT THEY DEFENDED THAT, BECAUSE IT TOOK
SIX WEEKS TO GET HER INTO THE APPROPRIATE PROGRAM AND SHE DID NOT WANT
TO GO IN, THAT THEY WOULD HAVE HAD TO, BY LAW, LET HER GO UNDER THIS BILL,
OKAY? AND THAT'S -- AND, LIKE I SAID, THEN IT WOULD HAVE BEEN DISASTER,
OKAY, BUT THAT'S WHAT IT WAS. SHE WAS -- UNDER THIS BILL, SHE WOULD HAVE
HAD TO GO AND THAT'S WHAT THEY WERE REALLY UPSET ABOUT IN TALKING TO ME
IN PUTTING THIS TREATMENT PLAN TOGETHER. SO, I JUST -- JUST WANT TO LET YOU
KNOW THAT THERE WAS ANOTHER PART, AND I UNDERSTAND HOW IT GOES,
THEY'VE TOLD ME AROUND THE DIFFERENT PARTS OF THE STATE WHERE THE BAIL
HAS BEEN ONEROUS AND DISCRIMINATORY, BUT IN SOME, ON THE SMALLER
LEVEL, SOMETIMES IT WORKS TO OUR ADVANTAGE. AND THIS IS AN EXACT CASE
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WHERE -- WHERE IT DID, AND THE PARENTS WERE ACTUALLY SO HAPPY THAT IT
WAS SET HIGH BECAUSE, LIKE I SAID, EVERYONE -- EVERYONE INVOLVED
THOUGHT SHE WOULD HAVE NOT MADE 24 HOURS. SO, ON THAT, I THANK YOU,
MS. WALKER, I APPRECIATE THAT. AND, MR. SPEAKER, THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LENTOL.
MR. LENTOL: THANK YOU, MR. SPEAKER. THE FIRST
THING I WANT TO DO IS COMMEND THE SPEAKER ON THIS BILL FOR PUTTING IT
OUT ON THE FLOOR AND COMMEND MS. WALKER FOR HER VERY ABLE
PRESENTATION AND EXPLANATION AND HANDLING OF THE DEBATE. BUT I ALSO
WANT TO COMMEND MR. QUART FOR THE WORK THAT HE'S DONE ON THIS BILL
OVER THE PAST YEAR OR TWO IN AN EFFORT TO TRY TO BRING A BILL TO THE FLOOR
THAT WILL ACTUALLY WORK.
BUT I JUST WANT TO POINT OUT TO MY COLLEAGUES THAT WE
ARE CONTINUING A DEBATE LONGER THAN I HAVE BEEN CHAIRMAN OF THE
CODES COMMITTEE ABOUT THE QUESTION OF BAIL. AS A MATTER OF FACT, THE
QUESTION OF BAIL CAME UP IN 1965 WHEN WE ADOPTED THE PRESENT PENAL
LAW TO DETERMINE, AND I'M NOT GOING TO GIVE YOU A REAL HISTORICAL
PERSPECTIVE, BUT I JUST WANT TO TELL YOU THAT IN 1965 WHEN -- WHEN THE
PENAL LAW WAS ADOPTED - THE NEW PENAL LAW WHICH WE'RE OPERATING
UNDER TODAY - THERE WAS CONSIDERABLE DEBATE OVER THE QUESTION OF
PREVENTIVE DETENTION, WHICH IS REALLY WHAT WE'RE TALKING ABOUT, BUT
WE'RE TALKING AROUND IT. WE'RE NOT TALKING ABOUT THE QUESTION OF BAIL,
WHICH ALWAYS HAS BEEN -- AND THE PURPOSE OF BAIL, WHICH ALWAYS HAS
BEEN TO SECURE A PERSONS' COMING BACK TO COURT FOR THE RETURN DATE AFTER
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HE'S BEEN ARRESTED. THAT REALLY IS THE SOLE PURPOSE OF BAIL. IT'S NOT TO
DETAIN SOMEBODY WHO IS DANGEROUS, OR YOU THINK IS DANGEROUS, OR THAT,
MORE IMPORTANTLY, YOU PRESUME IS DANGEROUS EVEN THOUGH YOU KNOW
THE CONSTITUTION OF THE UNITED STATES SAYS, AS MR. CHARLES BARRON
POINTED OUT, EXISTS IN THE CONSTITUTION OF THE UNITED STATES OF AMERICA
THAT THERE'S A PRESUMPTION OF INNOCENCE IN THIS COUNTRY. BUT WE'VE
BEEN OPERATING IN A SYSTEM THAT REALLY IGNORES THE PRESUMPTION OF
INNOCENCE.
AND HOW DO WE DO THAT? EVEN THOUGH THE FRAMERS OF
THE PENAL LAW IN 1965 -- BY THE WAY, ALL REPUBLICANS, THE REPUBLICANS
CONTROLLED THE ASSEMBLY, THE SENATE AND THE GOVERNOR'S HOUSE IN 1965
AND ADOPTED A PENAL LAW THAT REJECTED PREVENTATIVE DETENTION AS A
CONCEPT IN THE LAW AND SAID THAT, WE REALLY CAN'T DO THIS. THEY ARGUED
IT FOREVER. IT TOOK VERY LONG TO PASS THE NEW PENAL LAW BECAUSE IT WAS
A BIG ARGUMENT, A DEBATE OVER CONSERVATIVES AND LIBERALS AS TO WHAT THE
PURPOSE OF BAIL SHOULD BE. AND THEY DECIDED IN 1965 IN PROBABLY A
MOSTLY WHITE NEW YORK STATE, NOT ONE THAT WAS BLACK AND BROWN IN
ADDITION TO WHITE NEW YORKERS, THEY DECIDED THAT PREVENTATIVE
DETENTION HAD NO PLACE IN THE LAW OF NEW YORK STATE BECAUSE THE
JUDGES WERE PROBABLY EXERCISING THEIR OWN SYSTEM OF PUBLIC SAFETY AS
WE NOW LIKE TO CALL IT IN DETERMINING WHO SHOULD GET BAIL AND WHO
SHOULD NOT.
NOW, IS THAT ILLEGAL, BECAUSE WE DON'T HAVE PUBLIC
SAFETY IN A BILL LIKE THIS, OR IN ANY BILL THAT PASSED BEFORE? OF COURSE
IT'S ILLEGAL, BUT JUDGES DO IT ANYWAY. THEY TAKE INTO ACCOUNT THE CASE
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THAT THEY HAVE BEFORE THEM, THE PERSONS' INDIVIDUAL, NOT HIS
DETERMINATION ON IF HE'S ABLE TO PAY, BUT JUST ON THE NATURE OF THE
CRIME. AND THAT DEBATE CONTINUES TODAY, BECAUSE THAT'S WHAT WE'RE
REALLY ARGUING ABOUT, AREN'T WE? WE'RE NOT ARGUING ABOUT WHAT KIND OF
BAIL TO SET. WE'RE ARGUING WHETHER OR NOT THE PERSON BEFORE US, IF
YOU'RE A JUDGE, IS DANGEROUS AND SHOULD HE BE KEPT IN JAIL BECAUSE HE'S
DANGEROUS, WHETHER IT'S A DOMESTIC VIOLENCE CASE, WHETHER IT'S A MURDER
CASE, WHETHER IT'S ANY KIND OF A CASE; WE'RE TALKING ABOUT
DANGEROUSNESS. AND WE DON'T LIKE TO ADMIT THAT, BUT LET'S TALK ABOUT IT
UP FRONT, BECAUSE THAT'S THE PROBLEM AND THAT'S WHY WE'RE IN THE
SITUATION THAT WE'RE IN TODAY, BECAUSE WE CAN'T MAKE A DETERMINATION AS
TO WHAT WE'RE GOING TO DO. ARE WE GOING TO TREAT BAIL AS SOMETHING
THAT KEEPS SOMEBODY IN BECAUSE WE THINK OR THE JUDGE THINKS THAT HE'S
DANGEROUS, OR ARE WE GOING TO LET PEOPLE OUT BECAUSE THEY CAN'T PAY
AND FIND SOME OTHER WAY OF SETTING BAIL, OR NOT SETTING BAIL, I SHOULD
SAY, OR MAKING SURE THAT THAT PERSON COMES BACK TO COURT.
THAT'S WHAT THIS BILL IS. THIS IS A BILL THAT TRIES TO
WRESTLE WITH THAT. IS IT A PERFECT BILL? OF COURSE IT'S NOT, AND THAT'S WHY
YOU CAN POKE HOLES IN IT. BECAUSE THE SPEAKER, IN HIS WISDOM, DECIDED
THAT WE SHOULD TAKE SEX CRIMES OUT BECAUSE IT'S TOUGH TO PUT A SEX
CRIME IN A BILL WHEN YOU'RE THINKING ABOUT A BILL THAT REGARDS
DANGEROUSNESS, TOO, INSTEAD OF WHO IS GOING TO BE ABLE TO AFFORD BAIL
AND WHO IS NOT.
AND SO, WE CAN'T MAKE UP OUR MINDS AS TO WHAT WE
REALLY WANT TO DO. AND WHAT WE REALLY WANT TO DO IN OUR CONFERENCE IS
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COME UP WITH A BILL LIKE THIS. IF THIS ISN'T THE BILL -- YOU KNOW, WE HAVE
A SENATE THAT WOULDN'T EVEN CONSIDER THIS BILL IN ITS PRESENT FORM.
WELL, MAYBE NOW IF THE LIEUTENANT GOVERNOR COULD VOTE, THEY WOULD,
BUT WE DON'T HAVE A SENATE THAT WOULD EVER TAKE THIS BILL UP BECAUSE
THEY HAVE TO DEBATE THE SAME THING THAT WE'RE GOING TO DEBATE, WHETHER
THEY'RE GOING TO TREAT BAIL AS A DETERMINATION OF WHO SHOULD GET BAIL
BASED ON PUBLIC SAFETY OR BASED ON WHETHER OR NOT THE PERSON IS
INNOCENT UNTIL PROVEN GUILTY AND WHETHER A REASONABLE BAIL SHOULD BE
SET IN THE CASE OR NO BAIL SHOULD BE SET IN ONE CASE OR ANOTHER. AND
WHAT WE'RE TRYING DO TODAY IS COME UP WITH A COMPROMISE. AND, AS I
SAID, THIS ISN'T A PERFECT ONE, BUT IT'S ONE THAT I'M DETERMINED TO VOTE FOR
BECAUSE IT'S THE RIGHT WAY TO GO SO THAT WE CAN KEEP THE PEOPLE OUT OF
JAIL BEFORE TRIAL AS BEST WE CAN SO THAT IT'S NOT BASED ON A SYSTEM THAT
YOU HAVE TO HAVE A CASH REGISTER IN YOUR HOUSE OR HAVE A CREDIT CARD
THAT YOU'RE ABLE TO AFFORD BAIL NO MATTER WHAT IT IS. AND, LADIES AND
GENTLEMEN, I COMMEND TO YOU THAT IF WE PASS THIS BILL, EVEN IF THE
SENATE WON'T EVER TAKE IT UP, WE'RE ON THE RIGHT ROAD TO REFORMING THE
BAIL SYSTEM BECAUSE THE ONLY WAY WE'RE GOING TO DO IT IS IF WE DO IT IN
HERE AND THE OTHER HOUSE TAKES IT UP, AND THEN WE'LL HAVE A SYSTEM THAT
REALLY WORKS. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. DENDEKKER.
MRS. ARROYO.
MRS. ARROYO: THANK YOU, MR. SPEAKER. FIRST OF
ALL, I WANT TO THANK THE SPEAKER FOR THE INITIATIVE OF THIS BILL AND MS.
WALKER FOR THE BEAUTIFUL JOB THAT YOU HAVE DONE TODAY. I THINK THAT
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LISTENING TO THE DISCUSSION HERE, I LEARNED SOMETHING VERY IMPORTANT
AND YOU KNOW WHAT THE IMPORTANCE WAS THIS? THAT THERE ARE TWO
SYSTEMS, ONE FOR THOSE THAT HAVE CERTAIN LEVELS IN THE SOCIETY, AND ONE
FOR THOSE THAT HAVE NO LEVEL. AND THAT IS MY PEOPLE. AND WHAT I
LEARNED FROM THAT IS THAT WHILE IT'S NOT WRONG, IS WHEN MY COLLEAGUE,
MR. BARRON, SPEAK, HE SPEAK ABOUT THE ONES THAT I DEFEND. BUT WE
HAVE TO UNDERSTAND, UNDER THE GRACE OF GOD, THAT ONE IS NOT BETTER THAN
THE OTHER, AND THAT IS THE ISSUE HERE. WE HAVE TO WORK TOGETHER TO
CHANGE THE SYSTEM. PEOPLE SHOULD NOT BE DETAINED FOR MONTHS AND
YEARS. PEOPLE SHOULD BE -- THE SYSTEM SHOULD TAKE CARE OF THEM IN DAYS
OR MONTHS AND THERE SHOULD NOT BE TWO SYSTEMS, ONE FOR THE TOP AND
ANOTHER FOR THE BOTTOM. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER. ON THE
BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALKER.
SHH.
MS. WALKER: YOU KNOW, MY FIRST EXPERIENCES
WITH BAIL PROBABLY TOOK PLACE WHEN I WAS ABOUT SEVEN YEARS OLD. AND
I HAD A COUSIN WHO WAS ARRESTED AND HIS GIRLFRIEND WOULD PICK ME UP
AND WE'D HOP ON THE BUS AND WE'D GO OUT TO RIKERS ISLAND WITH OUR
CLEAR PLASTIC BAG, ALL OF OUR GOODS, PAYING INTO COMMISSARY FOR
SOMETHING THAT, ULTIMATELY, MY COUSIN WAS CHARGED FOR THAT HE WAS
ACQUITTED OF. AND I REMEMBER THAT RICKETY ROCKETY BUS AND HOW
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DEMEANING AND INHUMANE THE TREATMENT WAS THAT WE GOT THERE EVEN
WHEN WE WERE JUST ON RIKERS ISLAND AS A VISITOR. SO, IF THEY WERE
TREATING US THIS WAY, I COULD ONLY IMAGINE WHAT WAS HAPPENING BEHIND
THOSE BARS.
THEN JUST RECENTLY I HAD A SITUATION WHERE THERE'S A
YOUNG PERSON THAT I KNOW WHO WAS ARRESTED. INITIALLY, HIS BAIL WAS SET
AT $25,000. THEN IT WAS REDUCED TO $7,500. WHEN HIS FAMILY DECIDED
THAT THEY WERE GOING TO TRY TO PUT MONEY TOGETHER TO GET HIM OUT, HIS
SISTER SAID, WELL, MS. WALKER, I'M NOT GOING TO PAY MY RENT THIS MONTH
BECAUSE I KNOW THAT MY MOM NEEDS THE MONEY TO BAIL OUT MY BROTHER.
THEN THE MOTHER SAID, WELL, I HAVE TO GO FOOD SHOPPING AND I'M NOT
SURE WHERE THE RESOURCES ARE GOING TO COME FROM, BUT I'M GOING TO
TAKE THAT MONEY AND I'M GOING TO POOL IT TOGETHER. THEN THEY GOT ON
THE TELEPHONE AND THEN THEY CALLED UP AN AUNT, AND THEN THE AUNT SAYS,
WELL, I'M NOT SURE IF I'M GOING TO HAVE THE RESOURCES, THEN THEY CALLED
THE GRANDMOTHER, THE GRANDMOTHER HAD TO BUY HER PRESCRIPTION DRUGS,
SHE COULDN'T AFFORD TO DO THAT, BUT, YET, SHE SAID, I'M NOT GOING TO PAY
FOR THOSE DRUGS THIS MONTH, I'M GOING TO GIVE YOU THE MONEY IN ORDER TO
BAIL OUT MY GRANDSON. THEN WE WERE ABLE TO GET ALL OF THOSE RESOURCES
TOGETHER - AND WE UTILIZED THE SUPPORT OF CHARITABLE BAIL WHICH I THINK
IS A GREAT THING, AS WELL - WE GOT THOSE RESOURCES TOGETHER AND THE BAIL
WAS POSTED. BUT AS THIS YOUNG MAN WAS SITTING THERE, HIS GIRLFRIEND,
WHO HAD A FIVE-MONTH-OLD BABY, WAS CALLING, AS WELL -- WELL, MS.
WALKER, CAN I GET SOME HELP WITH PAMPERS? CAN WE GET SOME HELP
WITH SOME OF THE MILK AND THE SIMILAC AND DIFFERENT THINGS LIKE THAT IN
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ORDER TO CARE FOR OUR FIVE-MONTH-OLD SON.
IN ADDITION TO THAT, HE WORKED AT THE SALVATION ARMY
AND THEY WERE WORRIED THAT HE WASN'T GOING TO BE ABLE TO KEEP HIS JOB
WHICH WAS THE ONLY THING THAT -- THAT HIS FAMILY WAS ABLE TO DEPEND
UPON FOR ECONOMIC SUPPORT. ONCE WE ANSWERED ALL OF THOSE THINGS,
BAIL WAS POSTED FOR HIM AND THEN A $1 BAIL WAS PLACED ON HIM AND IT
STILL DID NOT EVEN LET HIM OUT. SO, EVEN AFTER WE POSTED BAIL, THERE WAS
ANOTHER BAIL WHICH WAS ONLY SET AT $1. SO, I CALLED UP THE SAME
INDIVIDUALS WHO POOLED ALL OF THESE RESOURCES TOGETHER AND I ASKED
THEM, WELL, CAN YOU PAY THIS DOLLAR? AND ONE OF THE FAMILY MEMBERS
SAID TO ME, I WOULD GO DOWN AND PAY IT MYSELF, BUT I DON'T HAVE THE CAR
FARE TO GET DOWNTOWN.
SO, WE'RE TALKING ABOUT WHAT POVERTY AND HOW POVERTY
AFFECTS A SYSTEM THAT WE KNOW IS ONLY SUPPOSED TO ENSURE THAT A PERSON
RETURNS TO COURT. AND IF WE'RE TALKING ABOUT, OH, THESE ARE BAD
INDIVIDUALS AND PEOPLE ARE ALWAYS GOING TO GO TO COURT, THE ONE
INDICATOR THAT WE KNOW THAT YOU'RE GOING TO RETURN TO COURT, NINE TIMES
OUT OF 10, IS WHETHER OR NOT YOU RETURNED TO COURT IN OTHER CASES. AND
MOST INSTANCES, INDIVIDUALS DO DO THAT AND DO OPERATE UNDER THESE
CIRCUMSTANCES.
SO, WHERE I LOOK AT THE GLARING NUMBERS OF BLACK AND
BROWN INDIVIDUALS IN TERMS OF WHO THIS REALLY IMPACTS AND WHO IT
REALLY AFFECTS, AND THEY ASK ME IS THIS ABOUT JUSTICE OR IS THIS JUST US?
AND WHAT ARE WE SHOWING THEM? SO, I THINK THAT THERE ARE A NUMBER
OF REASONS AS TO WHY THIS IMPORTANT PIECE OF LEGISLATION NEEDS TO BE
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PASSED TODAY AND IT NEEDS TO BE BROUGHT TO BEAR NOT ONLY IN THIS HOUSE,
BUT ALSO IN THE OTHER HOUSE, IS THAT IT'S JUST THE RIGHT THING TO DO. GET
PEOPLE OUT OF THERE. WHY ARE THEY THERE IN THE FIRST PLACE? BECAUSE,
YOU KNOW WHAT? THAT SAME YOUNG MAN WHO WAS ARRESTED WITH THE
$25,000, THE $7,500 AND THE $1, HIS NEXT COURT DATE WASN'T UNTIL
NOVEMBER. SO, HE WOULD HAVE BEEN MADE TO LANGUISH THERE IN ALL OF
THOSE MONTHS.
AND WE TALK ABOUT KALIEF BROWDER. BUT GUESS WHAT?
I HAVE A COUSIN NAMED IVORY ROLLAING. AND MY COUSIN IVORY WAS
ARRESTED AND MY COUSIN IVORY DIED AND HE DIED IN RIKERS ISLAND. I DON'T
KNOW WHAT THE CIRCUMSTANCES WERE. I DON'T KNOW WHAT HE WENT
THROUGH WHEN HE WAS BACK THERE, BUT I DO KNOW THAT JUST LIKE KALIEF
BROWDER, HE HAD A MOTHER; HIS MOTHER'S NAME WAS JEANNETTE ROLLAING.
AND MY AUNT JEANNETTE DIED OF A HEART ATTACK AND I'LL SWEAR TO YOU
TODAY THAT SHE DIED OF A BROKEN HEART JUST LIKE KALIEF MOTHER'S HAS.
AND GUESS WHAT? IT'S NOT JUST THEM. THERE ARE HUNDREDS, IF NOT
THOUSANDS OF OTHER FAMILY MEMBERS AND MOTHERS WHO FALL VICTIM TO
THIS VERY UNFAIR AND UNJUST CRIMINAL JUSTICE SYSTEM.
SO WHEN WE THINK ABOUT VICTIMS AND WE TALK ABOUT
VICTIMS, WE HAVE TO THINK ABOUT ALL OF THE INDIVIDUALS THAT WE VICTIMIZE
AT OUR OWN HANDS. LET'S TALK ABOUT VICTIMS HERE. LET'S TALK ABOUT HOW
WE VICTIMIZE COMMUNITIES OF COLOR EACH AND EVERY DAY BY ALLOWING THE
SYSTEM OF JIM CROWE TO BE PERPETUATED THROUGHOUT THIS STATE. I'VE HAD
ENOUGH. AND IT'S TIME FOR US TO DO THE RIGHT THING AND TO DO SOMETHING
ABOUT IT AND CALL FROM HERE THROUGH THE HILLS TO SAY THAT THIS SYSTEM
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WHICH WAS IN PLACE SINCE 1791 WHO SAID THAT BAIL SHOULD NOT BE
EXCESSIVE, MAKING SURE IT'S NOT EXCESSIVE, WHO SAID THAT BAIL SHOULD NOT
USED IN A CASE OF CRUEL AND UNUSUAL PUNISHMENT, TO MAKE SURE THAT
PEOPLE ARE NOT EXPERIENCING THE CRUELTY AND -- AND PUNISHMENT FROM
THEIR OWN STATE THAT THEY BELIEVE IN, THAT WE ALL BELIEVE IN.
SO, I THANK YOU ALL AND I REALLY WANT TO COMMEND THE
SPEAKER FOR BRINGING THIS IMPORTANT PIECE OF LEGISLATION TO BEAR. OF
COURSE, WE DID IT IN RAISE THE AGE. I KNOW WE CAN DO IT AGAIN. WE
HAVE FAITH IN YOU. WE HAVE FAITH IN THIS BODY. BUT I ALSO WANT TO
COMMEND ASSEMBLYMEMBERS DAN QUART AND ALSO DANNY O'DONNELL
WHO HAVE NOT ONLY COMMITTED THEIR PROFESSIONAL LIVES, BUT ALSO THEIR
PERSONAL LIVES TO MAKING SURE AND ENSURING ON THE GROUND THAT THE
SYSTEM OF INJUSTICE THAT PERPETUATES IN OUR CITY AND IN OUR STATE DOES
NOT HAVE TO AFFECT INDIVIDUALS THAT THEY ENCOUNTER. SOMETIMES WE DEAL
UP HERE IN A LOT OF THEORY AND EVERYTHING IS THEORETICAL, BUT THEN THERE'S
ALSO THAT INDIVIDUAL WHO HOVERS DOWN AND ARE REALLY ON THE GROUND AND
-- AND IN COURT EACH AND EVERY DAY AND ON THE TELEPHONE AND MAKING
SURE THAT PEOPLE DO NOT HAVE TO LANGUISH BEHIND BARS.
SO, I AM PROUD TODAY. I CAN'T WAIT TO BRING THIS PIECE
OF LEGISLATION TO THE FLOOR IN ORDER FOR ME TO VOTE IN THE AFFIRMATIVE AND
I ENCOURAGE EACH AND EVERY ONE OF YOU TO DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. CURRAN TO EXPLAIN HIS VOTE.
MR. CURRAN: THANK YOU, MR. SPEAKER, JUST TO
EXPLAIN MY VOTE REALLY QUICKLY. I WANT TO COMMEND THE SPONSOR ON
THIS AND HER DESIRE TO REFORM THIS SYSTEM. THE SYSTEM DOES NEED TO BE
REFORMED; HOWEVER THE CONVERSATION THAT WE HAD TODAY -- FIRST, I CAN'T
VOTE FOR THIS LEGISLATION JUST BECAUSE IT GOES TOO FAR WITH REGARDS TO THE
CRIMES THAT WE'RE INCLUDING THAT WILL NOT REQUIRE BAIL. BUT THE SECOND
THING IS IF WE'RE GOING TO REFORM THE SYSTEM, WE HAVE TO HAVE AN HONEST
CONVERSATION ABOUT ALL OF THE RAMIFICATIONS TO WHAT THIS LEGISLATION WILL
DO, INCLUDING THE FISCAL RAMIFICATIONS. AND IF WE HAVE A STUDY RIGHT IN
FRONT OF US SAYING EXACTLY -- OR GIVING US A PRETTY GOOD IDEA HOW MUCH
IT'S GOING TO COST US, AND WE'RE GOING TO MAINTAIN THAT IT'S NOT GOING TO
COST US ANYTHING, WE'RE GOING TO ACTUALLY SEE A BENEFIT WHEN WE KNOW
THAT NOT TO BE TRUE, WE'RE NOT DOING A SERVICE TO THE SYSTEM. WE'RE
GOING TO -- WE'RE GOING TO CHANGE THE SYSTEM NOT FOR THE BETTER, BUT FOR
THE WORSE. SO, FOR THOSE REASONS, I'M GOING TO VOTE IN THE NEGATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. CURRAN IN THE
NEGATIVE.
MR. DENDEKKER TO EXPLAIN HIS VOTE.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. I -- I
HAVE SOME VERY, VERY MIXED FEELINGS ABOUT A LOT OF THE DEBATE THAT
HAPPENED TODAY, AND I WAS VERY CONCERNED ABOUT WHAT ONE OF MY
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COLLEAGUES SAID ABOUT HOW SOMEBODY WAS SUFFERING FROM A SUBSTANCE
ABUSE ISSUE. HE WOULD WANT THEM TO STAY IN JAIL BECAUSE THERE WAS NO
OTHER ALTERNATIVE. I THINK THAT'S A DIFFERENT ISSUE HERE. THERE -- WE
NEED MORE TREATMENT FOR SUBSTANCE ABUSE, WE NEED TO FIND ALTERNATIVE
MEANS TO GET PEOPLE THE TREATMENT THAT THEY NEED. THE JUSTICE SYSTEM
SHOULD NOT BE TAKING IN SOMEBODY WHO NEEDS TREATMENT AND HOLDING
THEM, AND IT'S UNFORTUNATE THAT PARENTS HAVE TO FEEL THAT WAY, THAT
THERE'S NO MORE HOPE LEFT AND WE'RE IN SUCH DESPERATION TO HELP OUR
LOVED ONES THAT WE'D RATHER SEE THEM GO TO JAIL BECAUSE THERE'S NO OTHER
TREATMENT OPTIONS. AND I -- I -- I -- I SO HOPE WE CAN GET MORE
TREATMENT.
BUT AS FAR AS IT COMES TO BAIL, BAIL AND BAIL'S ONLY
PURPOSE IS TO MAKE SURE THAT THE DEFENDANT APPEARS AT TRIAL, AND IT HAS
BEEN ABUSED OVER DECADES. AND I APPLAUD YOU, MR. SPEAKER - MR.
AUBRY - FOR WORKING ON THIS FOR MANY, MANY YEARS, AS WELL AS MR.
O'DONNELL, MR. QUART AND THE CURRENT SPONSOR OF THE BILL. I APPLAUD
YOU FOR -- FOR MAKING THIS HAPPEN. THIS IS A VERY IMPORTANT PIECE OF
LEGISLATION AND BAIL IS NOT SUPPOSED TO BE USED FOR ANY OTHER PURPOSE
AND IT'S UNFAIR THAT PEOPLE ARE BEING HELD IN JAIL BECAUSE THEY CANNOT
PAY $10, $50, $100, $250 FOR SOMETHING THAT'S SO INSIGNIFICANT AND
NONVIOLENT THAT DOESN'T DESERVE IT TO HAPPEN. AND I BELIEVE THAT THIS
BILL WILL MAKE OUR JUSTICE SYSTEM SLIGHTLY BETTER. THERE STILL NEEDS A LOT
MORE THINGS THAT NEED TO BE DONE, BUT I APPLAUD THE SPONSOR AND I'LL BE
VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. DENDEKKER IN
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THE AFFIRMATIVE.
MR. CRESPO.
MR. CRESPO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I JUST WANT TO ONCE AGAIN THANK THE SPEAKER, THE MAJORITY
HERE IN THE ASSEMBLY, THE SPONSOR OF THIS BILL FOR CONTINUING THIS CALL
FOR CRIMINAL JUSTICE REFORM THAT STARTED LONG AGO. I REMEMBER BEING
AN INTERN WHEN WE WERE TALKING ABOUT A POLICE PACKAGE OF REFORMS,
MANY OF WHICH HAD THE SAME SORT OF DYNAMICS OF FORTUNATE PARTY LINES
IN TERM OF SUPPORT OR OPPOSITION, BUT WE HAVE PROVEN TIME AND TIME
AGAIN IN THE CITY OF NEW YORK THAT WHEN WE HAVE IMPLEMENTED SOME
OF THESE CHANGES, WE HAVE SEEN POSITIVE RESULTS IN TERMS OF THE
NUMBERS IN OUR COMMUNITIES.
THE CITY OF NEW YORK, THE BOROUGH OF THE BRONX
HAVE SOME OF THE SAFEST NUMBERS IT HAS HAD IN DECADES, IN LARGE PART
BECAUSE OF REFORMS THAT WERE INSTIGATED BY THE EXPERIENCES OF THOSE OF
US WHO HAVE THE UNFORTUNATE DYNAMIC OF BEING BOTH POOR AND OF COLOR.
WE HAVE TO MAKE A CHANGE THAT ALLOWS FOR JUSTICE TO SERVE ALL PEOPLE,
NOT JUST SOME PEOPLE. AND EVERY TIME I READ A HEADLINE OF SOMEBODY
OF MEANS WHO WAS ABLE TO BUY THEIR WAY TO FREEDOM WHILE ONE OF MY
CONSTITUENTS WHO CAN'T MAKE THAT DECISION TO PAY THE RENT AND KEEP A
ROOF OVER THEIR HEAD OR MAKE BAIL FOR A FAMILY MEMBER HAVE WATCHED
THE KALIEF BROWDERS OF THE WORLD LINGER IN JAILS LIKE RIKERS.
FOR THOSE OF YOU WHO REPRESENT COMMUNITIES THAT
HAVE POVERTY, AS WELL, AND I KNOW MANY OF YOU ARE ALSO VOTING AGAINST
THIS, YOU MAY NOT HAVE THE DIVERSITY PROBLEMS, BUT UNDERSTAND, WE'RE
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NOT HERE BLAMING ANYONE. WE'RE JUST ACKNOWLEDGING A REALITY THAT HAS
AFFECTED OUR COMMUNITIES FOR FAR TOO LONG. AND IF YOU DON'T
UNDERSTAND, THEN COME VISIT OUR DISTRICTS, VISIT OUR JAILS, TALK TO THESE
FAMILIES. THERE ARE BETTER WAYS TO ENSURE SOMEBODY APPEARS IN COURT
THAN A MONETARY TEST THAT EVERY ONE OF MY CONSTITUENTS, INCLUDING ME
AS THEIR ASSEMBLYMAN, DESPITE MY WIFE AND I HAVING A JOB, DESPITE OUR
CHILDREN DOING WELL, I COULD NOT AFFORD BAIL IF IT CAUGHT ME OFF GUARD,
OR ELSE MY KID'S TUITION WOULD NOT BE PAID, OR ELSE MY RENT WOULD NOT
BE PAID AND I MIGHT GET EVICTED AS AN ASSEMBLYMEMBER HERE IN THE
CHAMBER. TRUST ME WHEN I TELL YOU, THIS ISN'T ABOUT MAKING THINGS
EASIER FOR SOMEBODY WHO COMMITTED A MISTAKE BECAUSE, AS HAS BEEN
POINTED OUT, THESE ARE PEOPLE WHO ARE INNOCENT UNTIL PROVEN GUILTY.
THIS IS ABOUT GIVING PEOPLE WHO HAVE NO ECONOMIC MEANS AN
OPPORTUNITY AT THE SAME JUSTICE THAT THOSE WITH MEANS HAVE BEEN ABLE
TO BUY CONSISTENTLY IN OUR SYSTEM. AND I'LL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. CRESPO IN THE
AFFIRMATIVE.
MR. PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO ABSTAIN FROM VOTING FOR THE PURPOSES OF EXPLAINING MY
VOTE. JUST VERY QUICKLY. OUR SYSTEM OF JUSTICE IS BASED UPON LEVELS OF
INTRUSION. WE START OUT WITH THE RIGHT TO REQUEST INFORMATION AND THE
RIGHT TO INQUIRE AND THEN THE STOP-AND-FRISK ASPECT UNDER TERRY V. OHIO,
AND THEN WE GET TO PROBABLE CAUSE. AND THEN AFTER THAT, WE HAVE
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SAFEGUARDS AT ARRAIGNMENT WHERE THE COURT CONSIDERS THE RISK OF FLIGHT
AND ALSO THE SERIOUSNESS OF THE CRIME, AS WELL AS THE STRENGTH OF THE
PEOPLE'S CASE ARE FACTORS UNDER NEW YORK LAW. DANGEROUSNESS APPLIES
ONLY ON -- IN THE FEDERAL LEVEL WHERE THAT CAN BE CONSIDERED AS A
FACTOR, BUT ALSO THE PRIOR HISTORY OF NON-APPEARANCES. AND IT ISN'T
MEANT TO BE PUNITIVE, IT IS MEANT TO KEEP THEM IN LINE AND TO MAKE SURE
THAT THE DEFENDANTS RETURN TO COURT TO ANSWER THE CHARGES. AND AFTER
ARRAIGNMENT, IF YOU'RE NOT INDICTED WITHIN 144 HOURS ON A FELONY,
YOU'RE RELEASED. BUT EVEN THEN -- THEN THE NEXT LEVEL, OF COURSE, IS 23
GRAND JURORS, A MAJORITY VOTE, YOU GET INDICTED AND THEN, OF COURSE, THE
BEYOND A REASONABLE DOUBT STANDARD TRIAL.
SO, THESE INCREASING LEVELS OF INTRUSION HAVE ALWAYS
BEEN THE SAFEGUARDS, AND THERE -- THERE HAVE BEEN SOME TERRIBLE AND
REALLY SAD STORIES THAT MY COLLEAGUES HAVE GIVEN TODAY WITH RESPECT TO
BAIL SITUATIONS, BUT WE CAN'T BRUSH THE ENTIRE CRIMINAL JUSTICE SYSTEM
WITH THE SAME BROAD STROKE. AND FOR THAT REASON, I THINK WE HAVE A
VERY SERIOUS ISSUE WITH THIS PARTICULAR BILL. MORE IMPORTANTLY, WE HAVE
CERTAIN CRIMES, ALL NON-VIOLENT FELONIES THAT ARE MANDATORY RELEASE.
LET'S THINK THIS THROUGH. AND YOU FOLKS ALL KNOW WHAT MY HISTORY WAS
AS A PROSECUTOR. MANSLAUGHTER IN THE SECOND DEGREE IS A C
NON-VIOLENT FELONY. SO, IF SOMEONE'S DRUNK, DRIVES UP ON THE
SIDEWALK AND KILLS FOUR PEOPLE, WE'RE GOING TO -- IT'S A MANDATORY
RELEASE.
SO, WHEN WE TALK ABOUT VICTIMS, I TALK ABOUT THE
FAMILY'S VICTIMS. I'VE SAT WITH THOSE PEOPLE FOR YEARS. AND WE NEED TO
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THINK ABOUT, THERE IS A BALANCING TEST. YOU DO FORFEIT CERTAIN RIGHTS, OF
COURSE, EVEN WHEN YOU'RE CHARGED WITH A CRIME EVEN WRONGFULLY. SO, I
THINK WE ALL ARE IN AGREEMENT, THERE IS SOME REFORM NEEDED, BUT THIS
BILL IS NOT THE ANSWER. AND, AS A RESULT, I'LL BE VOTING IN THE NEGATIVE
AND I URGE MY COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. PALUMBO IN THE
NEGATIVE.
MR. PICHARDO.
MR. PICHARDO: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO ABSTAIN AND EXPLAIN MY VOTE. FIRST AND FOREMOST, I
WANT TO THANK THE SPEAKER, AS WELL AS THE SPONSOR, FOR PUTTING THIS
LEGISLATION ON THE FLOOR. I KNOW THAT EVERY DAY WHEN WE START THE
LEGISLATIVE SESSION, WE RECITE THE PLEDGE OF ALLEGIANCE. AND MOST OF
US, WE SAY THESE WORDS "LIBERTY AND JUSTICE FOR ALL". UNFORTUNATELY, IN
THE STATE OF NEW YORK THERE ARE TWO JUSTICE SYSTEMS. AS HAS BEEN SAID
BEFORE, THERE'S ONE FOR THE WEALTHY AND THERE'S ONE FOR EVERYBODY ELSE.
I WANT TO TAKE THIS OPPORTUNITY TO QUOTE AN ARTICLE THAT
CAME OUT ON JUNE 4TH, A COUPLE WEEKS AGO, THAT REALLY PUT INTO STARK
CONTRAST ON HOW THE CRIMINAL JUSTICE SYSTEM WORKS IN OUR STATE.
"HERE'S HOW IT WORKS: UPON LEARNING THE CHARGES, MR. WEINSTEIN'S
HIGH-PRICED RENOWNED CRIMINAL DEFENSE ATTORNEY, BENJAMIN BRAFMAN
AND MANHATTAN PROSECUTORS DISCUSSED THE CIRCUMSTANCES OF THE MOGUL'S
SURRENDER AND AGREED TO A BAIL AMOUNT BARELY 0.4 PERCENT OF MR.
WEINSTEIN'S ESTIMATED $240- TO $300 MILLION NET WORTH." AND TO QUOTE
A COLLEAGUE OF MINE, "WHAT HAPPENS IN CRIMINAL COURT WAS A SCRIPTED
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PRACTICE," SAID MANHATTAN ASSEMBLYMEMBER DAN QUART. "THERE WAS A
CONVERSATION THAT TOOK PLACE AHEAD OF TIME AND THAT IS NOT WHAT
HAPPENS FOR AVERAGE POOR PEOPLE, AFRICAN-AMERICANS AND LATINOS WHO
APPEAR IN CRIMINAL COURT EACH DAY." THIS IS WHAT'S HAPPENING TODAY.
IN MY YEARS AS A MEMBER OF THIS -- OF THIS HOUSE, I
HAVE NEVER SEEN A PERFECT BILL, BUT I AM A STRONG BELIEVER THAT THE
PERFECT SHOULD NEVER BE THE ENEMY OF THE GOOD AND TO -- TO -- I WANT TO
COMMEND, AGAIN, THE SPONSOR AND HIGHLIGHT HER WORK ON THIS IMPORTANT
ISSUE AND I THINK THAT THIS BILL, WITH ITS FLAWS, WE CAN STILL WORK ON IT
AND I KNOW THAT THIS IS, AT THE MINIMUM, A STEP IN THE RIGHT DIRECTION TO
RIGHTING THE WRONG OF CREATING TWO SEPARATE AND UNEQUAL CRIMINAL
JUSTICE SYSTEMS THAT EXIST IN NEW YORK. AGAIN, ONE FOR THE RICH AND
ONE FOR EVERYBODY ELSE AND I VOTE IN THE AFFIRMATIVE ON THIS BILL.
ACTING SPEAKER AUBRY: MR. PICHARDO IN THE
AFFIRMATIVE.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER, I RISE TO
EXPLAIN MY VOTE. I JUST WANT TO COMMEND THE SPONSOR FOR BRINGING THIS
BILL TO THE FLOOR. AND IT'S CLEAR TO ME IN MY DISTRICT AND ACROSS THE STATE
THAT WE ARE INCARCERATING FAR TOO MANY BLACK AND BROWN NEW YORKERS
FOR NO APPARENT REASON. WE HAVE A BAIL SYSTEM THAT'S BROKEN.
FORTUNATELY, THIS BILL IS MOVING US IN THE RIGHT
DIRECTION - EXPANDING DISCOVERY, LIMITING BAIL, BUT LET'S KEEP IN MIND
WHERE WE ARE. WE STILL HAVE A CLASS-BASED SYSTEM THAT STAYS IN PLACE.
THE STRUCTURE STAYS IN PLACE. IT DOES NOT END THE BAIL BOND SYSTEM,
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WHICH IS TOTALLY PROBLEMATIC. AND I BELIEVE THIS IS THE FIRST STEP IN THE
RIGHT DIRECTION, MOVING FORWARD TO END BAIL AND THE BAIL SYSTEM, BUT WE
NEED TO DO MORE, AND I KNOW WE NEED TO DO MORE. I LOOK FORWARD TO
WORKING WITH MY COLLEAGUES AS WE DO SO. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I AM SO PROUD AND WANT TO THANK MY
COLLEAGUE AND MY SISTER, ASSEMBLYMEMBER WALKER, FOR INTRODUCING
AND SPONSORING THIS BILL, THIS IS MUCH-NEEDED LEGISLATION TO REFORM THE
BAIL SYSTEM THAT HAS BEEN NEGATIVELY IMPACTING PRIMARILY BLACK AND
LATINO AND LOW-INCOME COMMUNITIES. FOR DECADES, OUR COMMUNITIES
HAVE SUFFERED UNCONSTITUTIONAL PRACTICES OF THE 8TH AMENDMENT WHERE
EXCESSIVE BAIL AND FINES HAS (SIC) BEEN IMPOSED AND, WITH CRUELTY, HAVE
BEEN PUNISHING PRIMARILY, AGAIN, PEOPLE OF COLOR AND LOW-INCOME
RESIDENTS.
LAST WEEK MARKED THE THIRD ANNIVERSARY OF THE SUICIDE
OF KALIEF BROWDER. KALIEF TOOK HIS LIFE AFTER SPENDING THREE YEARS IN --
IN RIKERS ISLAND FOR SOMETHING THAT HE DIDN'T DO, STEALING A -- A
BACKPACK. HE SPENT SOME TIME IN SOLITARY CONFINEMENT. AND WE OFTEN
ASKED, WHAT WAS HIS CRIME? HE THEN LATER COMMITTED SUICIDE. I OFTEN
THINK ABOUT KALIEF AND THE THOUSANDS LIKE HIM WHENEVER THE ISSUE OF
BAIL REFORM IS BROUGHT UP. THE TIME HAS COME TO DO AWAY WITH CASH
BAIL FOR MISDEMEANORS AND NON-VIOLENT FELONIES. WE MUST HAVE
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ALTERNATIVES TO BAIL LIKE TURNING IN A GUN OR WEARING AN ANKLE MONITOR,
WHICH IS WHAT THIS BILL ACTUALLY DOES. THE SIMPLE FACT IS THAT OUR STATE
MUST TAKE STEPS TO THE RIGHT DIRECTION OF THE INJUSTICE OF OUR BAIL
SYSTEM. THERE CAN NEVER BE ANOTHER KALIEF BROWDER SITUATION.
SO, AGAIN, TODAY, I STAND HERE WITH THE SPONSOR OF THIS
BAIL AND MY COLLEAGUES IN SUPPORT OF THIS BILL AND I ENCOURAGE ALL
OTHERS TO DO SO. THANK YOU.
ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE
AFFIRMATIVE.
MS. RICHARDSON.
MS. RICHARDSON: THANK YOU, MR. SPEAKER. I
RISE IN SUPPORT OF THIS PIECE OF LEGISLATION AS WELL AS TO COMMEND THE
SPONSOR OF THIS LEGISLATION, ASSEMBLYWOMAN WALKER. YOU KNOW,
WHEN WE LOOK AT OUR JUSTICE SYSTEM, WE USE LADY LIBERTY, AND SHE HAS
A BLINDFOLD, ALMOST TO SIGNIFY THAT JUSTICE SHOULD BE EQUAL FOR ALL. BUT
IT IS CLEAR, VERY CLEAR, BY THE DATA IT IS CLEAR, VISUALLY IT IS CLEAR THAT
THERE IS RACIAL DISPARITIES IN OUR CRIMINAL JUSTICE SYSTEM AND MEN AND
WOMEN OF COLOR ARE BEING INCARCERATED AT RECORD RATES OTHER THAN OTHER,
YOU KNOW, NATIONALITIES. BUT YOU KNOW WHAT? WHEN WE CAME UP
WITH THE SYSTEM OF BAIL, AND IT WAS MENTIONED HERE TODAY IT WAS TO
ENSURE THAT PEOPLE RETURN TO COURT. BUT WE ARE WATCHING BAIL BEING
USED TO ENSURE THAT IN SOME COUNTIES THAT PEOPLE HAVE A JOB. YES, I
SAID IT. AND THE MONEY THAT IS BEING MADE OFF THIS CRIMINAL JUSTICE
SYSTEM AND THE LAWS THAT WE HAVE ON THE BOOK THAT ACT AS A FEEDER INTO
THE CRIMINAL JUSTICE SYSTEM, A FEEDER INTO MASS INCARCERATION IS JUST
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WRONG.
AND SO, THERE'S SO MUCH MORE THINGS THAT WE CAN DO TO
TRY TO TWEAK THIS BILL, AND I BELIEVE THAT OVER TIME, WE WILL DO THAT, BUT
THIS IS TRULY A STEP IN THE RIGHT DIRECTION. AND I WANT TO -- I WANT TO
SPEAK VERY HONESTLY ABOUT SOMETHING. YOU SEE, YOU GOT TO GIVE CREDIT
FOR LIFE EXPERIENCE. I DON'T HAVE TO ASK ANYBODY, I DIDN'T HAVE TO TAKE A
CLASS, I'M NOT A VICTIM; I'M A SURVIVOR OF DOMESTIC VIOLENCE. YES. A
SURVIVOR OF DOMESTIC VIOLENCE. AND LET ME TELL YOU SOMETHING, BAIL
COULDN'T HAVE HELPED ME, THE ORDER OF PROTECTION COULDN'T HAVE HELPED
ME, BUT YOU KNOW WHAT? I'M SURE THAT ANKLE MONITOR WOULD HAVE
SERVED AS A DETERRENT HAD IT ACTUALLY BEEN SOMETHING THAT COULD HAVE
BEEN IMPLEMENTED BY A JUDGE. SO, ASSEMBLYWOMAN WALKER, WE
THANK YOU AS A CONFERENCE FOR WORKING SO HARD ALL LEGISLATIVE SESSION
ON THIS PIECE OF LEGISLATION. AND WITH THAT I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. RICHARDSON IN
THE AFFIRMATIVE.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. FOR
SEVERAL YEARS BEFORE I CAME TO THE ASSEMBLY, I PRACTICED CRIMINAL
DEFENSE LAW AND I SAW HOW THE BAIL SYSTEM, WHICH IMPOSES BAIL GREATER
THAN SOMEONE CAN AFFORD, PARTICULARLY ON POOR PEOPLE, NEGATIVELY
IMPACTED EQUAL PROTECTION OF THE LAW. IT REALLY PERVERTED OUR SYSTEM OF
CRIMINAL JUSTICE. FIRST, POOR PEOPLE ARE USUALLY REPRESENTED BY EITHER
LEGAL AID OR AN 18B LAWYER; VERY OFTEN VERY GOOD LAWYERS, BUT VERY
OVER-BURDENED. SO, THEY DON'T HAVE THE RESOURCES TO PREPARE FOR TRIAL,
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AND THE DEFENDANT IS THE ONLY ONE WHO CAN PREPARE THAT CASE PROPERLY,
THE ONLY ONE WHO CAN FIND WITNESSES AND ACCUMULATE THE INFORMATION
THAT IS NECESSARY. SO THOSE WHO ARE IN JAIL START OFF WITH A GREAT
DISADVANTAGE.
AND SECONDLY, MR. SPEAKER, I SAW MANY A SITUATION
WHERE A DEFENDANT PLED GUILTY TO SOMETHING THEY PROTESTED THAT THEY
NEVER DID JUST TO GET OUT OF JAIL, BECAUSE SITTING IN JAIL AWAITING TRIAL
WAS A LONGER TIME THAN THE SENTENCE THEY WOULD HAVE GOTTEN BY
PLEADING GUILTY. SO, PEOPLE PLED GUILTY JUST TO GET OUT OF JAIL AND GET
TIME SERVED, AND THEN ACCRUED A CRIMINAL RECORD FOR SOMETHING THEY
SAID THEY DIDN'T DO. SO, I SUPPORT THIS LEGISLATION, MR. SPEAKER, AND I
URGE MY COLLEAGUES TO DO SO.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
MR. GOTTFRIED.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU
KNOW, SOMETIMES PEOPLE MAY WONDER, DOES IT MAKE A DIFFERENCE WHO
GETS ELECTED TO THE LEGISLATURE AND WHERE THEY COME FROM AND WHAT
THEY BRING TO THIS JOB. AND I THINK WE HAVE SEEN IN TODAY'S DEBATE HOW
EXTRAORDINARILY IMPORTANT IT IS THAT WE HAVE AN ASSEMBLY MADE UP OF
PEOPLE FROM AN INCREDIBLE VARIETY OF BACKGROUNDS AND EXPERIENCES
WHO -- WHO OUT LOUD BRING THAT EXPERIENCE AND THAT BACKGROUND TO BEAR
HERE ON THE FLOOR. TODAY'S DEBATE WAS I THINK ONE OF THE BEST I'VE HEARD
IN ALL THE YEARS I'VE BEEN HERE. I THINK WE ALL SHOULD BE PROUD OF THIS
AFTERNOON'S DEBATE AND OF THE BILL THAT WE'RE GOING TO BE PASSING. I VOTE
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IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I CERTAINLY WANT TO
BRING ONE THING TO THE TABLE HERE. I KNOW WE'VE TALKED A LOT TODAY
ABOUT KALIEF AND HOW THIS NEGATIVE BAIL SITUATION HAS IMPACTED NEW
YORK CITY, BUT JUST TO BE FAIR, MR. SPEAKER, IT ALSO IMPACTS UPSTATE
NEW YORK. AND, IN FACT, IN UPSTATE NEW YORK ACCORDING TO A STUDY
THAT WAS DONE FOR THE PARTNERSHIP FOR PUBLIC GOOD, 60 PERCENT OF THE
PEOPLE THAT ARE INCARCERATED IN UPSTATE NEW YORK ARE THERE ON -- I
SHOULDN'T SAY INCARCERATED, I SHOULD SAY THAT ARE IN JAIL ON PRETRIAL
CRIMES THAT THEY HAVE NOT BEEN CONVICTED OF -- 60 PERCENT. THAT'S A
PRETTY LARGE NUMBER, THAT'S A PRETTY LARGE NUMBER. AND SO, IF THIS BAIL
REFORM THAT WE'VE -- ARE DOING HERE TODAY CAN DO ANYTHING TO BEGIN TO
RESTRUCTURE THAT, THEN I THINK CERTAINLY THOSE IN UPSTATE COMMUNITIES
WILL I -- I BELIEVE SEE SOME SAVINGS. AND EVEN IF WE DON'T SEE SAVINGS,
AT LEAST WE'RE GETTING TOWARDS A MORE JUST SOCIETY.
AGAIN, THERE ARE NOT AS MANY BLACK AND BROWN PEOPLE
IN UPSTATE NEW YORK AS THERE IS IN NEW YORK CITY, BUT THERE ARE AN
AWFUL LOT OF LOW-INCOME PEOPLE, MR. SPEAKER, WHO DESERVE THE EXACT
SAME FREEDOMS AS EVERYONE ELSE. SO, FOR ME, THIS IS A GREAT VOTE. AND
SO I WANT TO, AGAIN, COMMEND THE SPEAKER AND, CERTAINLY, THE SPONSOR
OF THIS LEGISLATION AND LOOK FORWARD TO VOTING IN THE AFFIRMATIVE.
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THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MS. FERNANDEZ TO EXPLAIN HER VOTE.
MS. FERNANDEZ: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I THINK IT'S A LITTLE OBVIOUS, I AM A
YOUNG LEGISLATOR HERE, PROBABLY THE YOUNGEST WOMAN, IF NOT PERSON, IN
THIS CHAMBER. AND BEING A YOUNG INDIVIDUAL NEW INTO -- IN THE SYSTEM
AND NEW INTO POLITICS, THIS WAS A VERY IMPORTANT AND A VERY IMPORTANT
BILL THAT I WANTED TO SUPPORT. AND I DO GIVE MS. WALKER ALL THE CREDIT
AND COMMEND HER FOR INTRODUCING IT AND FOR FIGHTING SO HARD FOR IT.
BUT TO ECHO A LOT OF WHAT EVERYONE -- A LOT -- A
MAJORITY OF WHAT THE FLOOR SAID TODAY, THIS IS SOMETHING THAT NEEDS TO
CHANGE. FAMILIES ARE BEING TORN APART, IF NOT THE INDIVIDUAL THAT IS
SITTING IN RIKERS OR WHATEVER CORRECTIONAL FACILITY, FOR SOMETHING THAT
THEY HAVE NOT BEEN CONVICTED FOR. IT'S OBVIOUSLY AND VERY MUCH
NEEDED -- A NEEDED STEP IN THE RIGHT DIRECTION TO FIX THE SYSTEM BECAUSE
IT IS SEVERELY FLAWED AND IS ONLY HURTING NEW YORKERS, IF NOT ALSO,
MAINLY, THE MINORITIES OF NEW YORK STATE. SO, I HAPPILY AND PROUDLY
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. FERNANDEZ IN THE
AFFIRMATIVE.
MS. FAHY.
MS. FAHY: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO ABSTAIN WHILE I EXPLAIN MY VOTE. AND I RISE TO SUPPORT THIS BILL
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AND JUST, I WANTED TO TALK ABOUT A COUPLE OF THINGS. WHILE I AGREE, THE
-- WITHOUT QUESTION, THE SCALES OF JUSTICE HAVE NOT ALWAYS BEEN
BALANCED AND MANY, MANY OF THESE REFORMS ARE SO LONG OVERDUE
BECAUSE TOO OFTEN, JUSTICE HAS BEEN BASED ON THE SIZE OF ONE'S
POCKETBOOK AS OPPOSED TO THE NEED FOR JUSTICE ITSELF.
BUT THERE -- AND I WANT TO MENTION A COUPLE OF
HESITATIONS THAT I DID HAVE WITH THE BILL WHILE COMMENDING THE
SPONSOR, THE CHAIR, AND THE SPEAKER FOR ADDRESSING A NUMBER OF OUR
CONCERNS ON THE SEXUAL ASSAULT PIECES AND FOR EXEMPTING THOSE FROM --
FROM THIS BILL. I STILL WANT TO RAISE A HESITANCY, IF YOU WILL, ON SOME OF
THE DOMESTIC VIOLENCE ISSUES, AND RECOGNIZING THAT I DO BELIEVE THERE IS
A NEED FOR MORE JUDICIAL DISCRETION WITH THOSE TYPES OF CRIMES, AND WE
TALKED A LITTLE -- WELL, WE HEARD A LITTLE BIT TODAY ABOUT THE NEED FOR
MORE OF A COOLING OFF PERIOD, AND I DO THINK THERE IS SOMETHING TO BE
SAID FOR THAT, PARTICULARLY WITH THOSE TYPES OF MISDEMEANOR ASSAULTS
WHERE THERE MAY BE MORE OF A NEED FOR -- WHERE SOMETIMES AN ORDER
OF PROTECTION OR AN ELECTRONIC MONITORING IS NOT SUFFICIENT.
THE OTHER -- THE SECOND PIECE THAT I HAVE A LITTLE PAUSE
ON, BUT IT WAS NOT A NEED -- IT DID NOT CONCERN ME ENOUGH TO VOTE
AGAINST THE BILL, BUT I DO WANT TO ECHO SOME OF THE CONCERNS RAISED
ABOUT THE COST. I DO THINK THAT THOSE ARE VERY REAL QUESTIONS, THEY ARE
SOMETHING THAT WE HEAR A LOT ABOUT, UNFUNDED MANDATES, PARTICULARLY
WITH REGARD TO LOCAL AND COUNTY COSTS. AGAIN, IT WASN'T A REASON NOT TO
GO FORWARD ON THIS BILL, BUT IT IS SOMETHING I HOPE WILL BE ADDRESSED, IF
NECESSARY, IN NEXT YEAR'S BUDGET BECAUSE IT IS SOMETHING VERY SERIOUS
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WITH OUR COUNTIES.
SO, WITH THOSE TWO EXCEPTIONS, AGAIN, I COMMEND THE
SPONSOR, THE CHAIR AND THE SPEAKER FOR THIS LONG, LONG OVERDUE REFORM.
AND WITH THAT, I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
AFFIRMATIVE.
MR. PERRY.
MR. PERRY: THANK YOU, MR. SPEAKER. IF YOU DON'T
WANT TO VOTE FOR -- THANK YOU, MR. SPEAKER. IF YOU DON'T WANT TO VOTE
FOR BAIL REFORM, YOU CAN ALWAYS FIND A REASON TO VOTE AGAINST THIS BILL IF
YOU'RE NOT IN FAVOR OF CRIMINAL JUSTICE REFORM, EVERY BILL THAT COMES UP
IN THIS HOUSE TO DO THAT WORK, YOU'LL FIND A REASON TO VOTE AGAINST IT.
NO MATTER HOW WE TRY, HOW HARD WE WORK, I'M SURE WE COULDN'T COME
UP WITH A BETTER BILL. WE COULDN'T COME UP WITH A PERFECT BILL, BUT WE
HAVE TO START SOMEWHERE. WE HAVE TO START SOMEWHERE TO FIX THE
IMPERFECTIONS IN OUR CRIMINAL JUSTICE SYSTEM AND FIX IT AS WE
IMPLEMENT A GOOD BILL LIKE THIS ONE WHERE WE FIND THE ERRORS TO OCCUR.
THIS BILL TIPS THE SCALE OF JUSTICE TO A FAIRER BALANCE AND THAT'S THE
REASON, MR. SPEAKER, I WANT TO VOTE IN THE AFFIRMATIVE. AND I WITHDRAW
MY REQUEST AND THANK YOU FOR THE OPPORTUNITY TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: MR. PERRY IN THE
AFFIRMATIVE.
MS. JEAN-PIERRE.
MS. JEAN-PIERRE: MR. SPEAKER, I'D LIKE TO THANK
THE SPEAKER FOR BRINGING THIS LEGISLATION TO THE FLOOR, BUT I WANT TO
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THANK THE SPONSOR FOR BEING A TRUE ADVOCATE AND RAISING THE MANY
ISSUES THAT IMPACT MANY BLACK AND BROWN COMMUNITIES. I DON'T
REPRESENT A DISTRICT IN THE CITY, I REPRESENT A SUBURBAN DISTRICT ON LONG
ISLAND. AND THIS LEGISLATION IS IMPERATIVE, BECAUSE I, TOO, THINK OF MY
BROTHER WHO I RAISED AND WHO STILL LIVES WITH ME, IF HE WAS TO HAVE TO
POST BAIL AND TO BE ABLE TO AFFORD $5,000, $10,000, I WOULDN'T BE ABLE
TO DO IT. AND WE HAVE TO THINK ABOUT THE FAMILIES. THIS -- THIS BODY IS
FAMILIES FIRST. OUR BUDGET IS ABOUT FAMILIES FIRST, SUPPORTING NEW
YORKERS. AND WE HAVE TO WORK COLLECTIVELY. WE MAY NOT REPRESENT A
BLACK AND BROWN COMMUNITY, BUT OUR GOAL TO COME HERE IS TO LEARN
FROM OUR COLLEAGUES SO WE CAN DO BEST WHAT'S FOR NEW YORKERS. SO,
MR. SPEAKER, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE IN
THE AFFIRMATIVE.
MR. RIVERA.
MR. RIVERA: VERY QUICKLY, MR. SPEAKER. I AGREE
WITH SOME OF OUR COLLEAGUES THAT THIS HAS BEEN FOR OVER AN HOUR A VERY
INTERESTING BACK AND FORTH EXCHANGE. IF ANYONE IN THIS BODY ACTUALLY
BELIEVES THAT THIS IS NOT A PERFECT BILL, THEN IT'S SIMPLE, I BELIEVE THAT IF
MS. WALKER TOOK HER TIME WITH THE SUPPORT OF THE -- THE SPEAKER AND
OTHERS TO DRAFT THE LANGUAGE OF THIS BILL -- AND IT WAS AN EMOTIONAL AT
SOME POINT PRESENTATION BY MY COLLEAGUE, MS. WALKER, THAT SHE
BELIEVES STRONGLY THAT, YES, THIS IS THE PERFECT BILL FOR NOW. IF ANYONE
THAT HAS VOTED OR SPOKE ABOUT THIS NOT BEING A PERFECT BILL AND YOU'RE
PLANNING TO VOTE UNTIL THERE COMES A PERFECT BILL, BE MY GUEST. BUT AS
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FAR AS I'M CONCERNED, THIS IS THE BILL THAT WE NEED BECAUSE WE HAVE TO
CONTINUE TO SEND A CLEAR MESSAGE OUT THERE. SHE BELIEVES STRONGLY THAT
THIS IS THE WAY TO DO IT. SO, I JOIN YOU, MS. WALKER, THE SPEAKER, AND
ALL MY COLLEAGUES AND I AM SAYING TO MY FRIEND HERE BECAUSE SHE
COMPLAIN, HOW COME I DIDN'T VIDEOTAPE HER, I'M NOT EVEN VIDEOTAPING
MYSELF.
(LAUGHTER)
THANK YOU, MR. SPEAKER. I VOTE YES.
ACTING SPEAKER AUBRY: MR. RIVERA IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE
TO TAKE UP OFF THE MAIN CALENDAR, CALENDAR NO. 46 BY MS. ROSENTHAL
ON PAGE 12.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00588-B, CALENDAR
NO. 46, L. ROSENTHAL, LUPARDO, JENNE, PHEFFER AMATO, PEOPLES-STOKES,
SEAWRIGHT, JAFFEE, SIMON, DE LA ROSA, ARROYO, SIMOTAS, JEAN-PIERRE,
LIFTON, WRIGHT, TITUS, RICHARDSON, NIOU, WILLIAMS, HOOPER, JOYNER,
HUNTER, DAVILA, GUNTHER, GLICK, SOLAGES, HYNDMAN, BLAKE, CARROLL, M.
G. MILLER, BRINDISI, CRESPO, PAULIN, RIVERA, COLTON, GOTTFRIED, WALKER,
WEPRIN, AUBRY, STECK, QUART, ORTIZ. AN ACT TO AMEND THE CORRECTION
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LAW, IN RELATION TO PROVIDING FEMININE HYGIENE PRODUCTS AT NO COST TO
INDIVIDUALS IN CORRECTIONAL FACILITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. WOULD
YOU PLEASE CALL UP CALENDAR NO. 534 BY MR. CAHILL, IT'S FOUND ON PAGE
58 OF THE MAIN CALENDAR.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07611-C, CALENDAR
NO. 534, CAHILL, COLTON, ARROYO, JEAN-PIERRE, TAYLOR, MCDONOUGH.
AN ACT TO AMEND THE FINANCIAL SERVICES LAW, IN RELATION TO
ESTABLISHING PROTECTIONS FROM EXCESSIVE HOSPITAL EMERGENCY CHARGES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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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. I'D LIKE
YOU TO TAKE UP, OFF THE MAIN CALENDAR, CALENDAR NO. 1054 BY MR.
MOSLEY; IT'S PAGE 91.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10523, CALENDAR NO.
1054, MOSLEY, WEPRIN, PELLEGRINO. AN ACT TO AMEND CHAPTER 591 OF
THE LAWS OF 2001, AMENDING THE BANKING LAW RELATING TO LIMITING THE
CHECK CASHING EXEMPTION FOR NATIONAL BANKS AND OTHER REGULATED
ENTITIES, IN RELATION TO THE EFFECTIVENESS OF SUCH CHAPTER.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MOSLEY, 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.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. THIS BILL CREATES A LEGISLATIVE GEOGRAPHIC MONOPOLY FOR
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CHECK CASHING OPERATIONS, MAKING IT ILLEGAL FOR ANY COMPETITION WITH
CHECK CASHING OPERATIONS WITHIN A CERTAIN GEOGRAPHIC DISTANCE BY ANY
BANK. I BELIEVE IN FREE AND OPEN COMPETITIVENESS AND I OPPOSE ANY
MONOPOLIES, ESPECIALLY A GEOGRAPHIC MONOPOLY THAT FAVORS ONE SET OF
COMPANIES OVER A SEPARATE ONE AND, THEREFORE, I WILL BE VOTING NO.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. IN JUST A
MOMENT, I'LL BE TAKING UP A VERY IMPORTANT RESOLUTION, BUT BEFORE WE
DO THAT, COULD YOU TAKE UP ANY OTHER RESOLUTIONS AND HOUSEKEEPING AT
THIS TIME?
ACTING SPEAKER AUBRY: CERTAINLY.
HOUSEKEEPING FIRST.
ON THE A-CALENDAR: ON A MOTION BY MRS.
PEOPLES-STOKES, PAGE 13, RULES REPORT NO. 127, BILL NO. 10744 -
10744 - AMENDMENTS ARE RECEIVED AND ADOPTED.
ON THE A-CALENDAR: ON A MOTION BY MRS. BARRETT,
PAGE 14, RULES REPORT NO. 131, BILL NO. 10836, AMENDMENTS ARE
RECEIVED AND ADOPTED.
ON THE MAIN CALENDAR: ON A MOTION BY MRS.
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PEOPLES-STOKES, PAGE 36, CALENDAR NO. 325, BILL NO. 4303-A,
AMENDMENTS ARE RECEIVED AND ADOPTED.
ON BEHALF OF MR. DINOWITZ, BILL NO. 10085,
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE GENERAL
OBLIGATIONS LAW.
ACTING SPEAKER AUBRY: THERE IS A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
ON BEHALF OF MR. ENGLEBRIGHT, BILL NO. 1492,
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW.
ACTING SPEAKER AUBRY: THERE IS A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 12, 2018
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
SEVERAL FINE RESOLUTIONS, WE WILL TAKE THEM UP ON ONE
VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE;
OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1352-1354
WERE UNANIMOUSLY APPROVED.)
SPEAKER HEASTIE: MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES
AND GENTLEMEN, WE ARE GOING TO TAKE UP AN IMPORTANT RESOLUTION, BUT
BEFORE WE DO THAT, I'D ASK MEMBERS TO TAKE THEIR SEATS, STAFF TO TAKE
THEIR SEATS, GUESTS TO TAKE YOUR SEATS OR PEOPLE WHO NEED TO LEAVE THE
CHAMBERS, DO SO NOW, AND LIMIT -- LET'S LIMIT THE CONVERSATION.
MR. SPEAKER, THIS IS AN IMPORTANT DAY. THIS IS THE DAY
THAT WE TAKE UP A LEGISLATIVE RESOLUTION HONORING THE MEMORY OF THE
DECEASED MEMBERS OF THE NEW YORK STATE ASSEMBLY IN RECOGNITION OF
THEIR CAREERS IN PUBLIC SERVICE. I DO -- WOULD NOTE THAT TOMORROW
MORNING AT 8:00 A.M., AT ST. MARY'S CHURCH, THERE WILL BE A SERVICE
HONORING THEIR MEMORY, AS WE DO ANNUALLY, AND I'D LIKE TO TAKE A
MOMENT, IF I MAY, MR. SPEAKER, JUST TO READ THE LIST OF NAMES OF PEOPLE
BEING HONORED IN THE RESOLUTION THIS AFTERNOON: ROBERT M. BLAKEMAN;
HERMAN "DENNY" FARRELL, JR.; MAURICE D. HINCHEY; LUIGI R. MARANO;
JOHN BRIAN MURTAUGH; ANGELO F. ORAZIO; HERBERT A. POSNER; MICHAEL
SIMANOWITZ; FRANK K. SKARTADOS; LOUISE M. SLAUGHTER; RONALD H.
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TILLS; PAUL A. WORLOCK.
BEFORE -- BEFORE WE BEGIN AND ASK MEMBERS WHO WISH
TO BE HEARD, LET ME NOTE THAT WE HAVE MEMBERS OF TWO FAMILIES OF DEAR
COLLEAGUES OF OURS. FIRST FROM THE FARRELL FAMILY, WE'RE JOINED BY
BARBARA KLAR, DENNY'S CHILDREN: MONIQUE GUIDRY-FARRELL, HERMAN D.
FARRELL III, AND THE SOPHIA ILENE FARRELL; BY HIS GRANDCHILDREN SIMONE
ADELE GUIDRY, JOSEPH BROOKS AND, OF COURSE, DENNY'S EXTENDED
FAMILY, SOMEONE WE ALL KNOW SO WELL, MARCIA COLEMAN IS HERE. FROM
THE SIMANOWITZ FAMILY, WE'RE JOINED BY MICHAEL'S WIFE, JENNIFER, HIS
CHILDREN, HIS SON, JOSH, AND DAUGHTER, ALYSSA, AND HIS MOM AND DAD,
SHEILA AND SHERMAN SIMANOWITZ. I WOULD ASK MEMBERS WHO CHOOSE
TO SPEAK ON THE RESOLUTION, THERE ARE A NUMBER OF NAMES HERE SO TO THE
EXTENT THAT COLLEAGUES WISH TO SPEAK ON ONE OR MORE OF THE DECEASED
MEMBERS, THAT WE'D ASK YOU TO CONSOLIDATE YOUR COMMENTS SO THAT
EVERYONE WOULD HAVE AN APPROPRIATE OPPORTUNITY TO EXPRESS
THEMSELVES. AND WITH THAT, MR. SPEAKER.
SPEAKER HEASTIE: THE CLERK WILL READ THE TITLE
OF THE RESOLUTION.
THE CLERK: ASSEMBLY RESOLUTION NO. 1351, MR.
HEASTIE. LEGISLATIVE RESOLUTION HONORING THE MEMORY OF THE DECEASED
MEMBERS OF THE NEW YORK STATE ASSEMBLY, IN RECOGNITION OF THEIR
CAREERS IN PUBLIC SERVICE.
SPEAKER HEASTIE: AS I OFTEN SAY TO EVEN NEW
MEMBERS THAT ONLY 150 OF US GET TO DO THIS WONDERFUL JOB OUT OF 19
MILLION PEOPLE. IN THE RESOLUTION IS INCLUDED MANY, MANY WONDERFUL
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NYS ASSEMBLY JUNE 12, 2018
NAMES OF PEOPLE WHO SERVED THIS STATE AND THIS HOUSE WITH DISTINCTION,
BUT I'M GOING TO TOUCH ON THE THREE THAT I HAD THE PLEASURE TO SERVE
WITH. AND THE FIRST I'M GOING TO TALK ABOUT IS OUR DEAR COLLEAGUE, FRANK
SKARTADOS. AND WHEN I FIRST BECAME SPEAKER AND I SAID THAT I WANTED
TO VISIT EVERY MEMBER'S DISTRICT OUTSIDE OF THE CITY OF NEW YORK, I
LEARNED HOW BIG THIS STATE REALLY IS AND MANY PLACES, QUITE HONESTLY, I
MAY NEVER HAVE GOTTEN TO IF I DIDN'T HAVE THE -- THE PRIVILEGE THAT MANY
OF YOU HAVE GIVEN ME TO BE ELECTED SPEAKER. AND MY EXPERIENCE, I
REMEMBER WITH FRANK, FRANK OWNED A FARM AND HERE IT IS, I'M A BRONX
GUY, A CITY BOY, YOU KNOW, ANIMALS, YOU KNOW, ON A FARM, THE ONLY
ANIMALS I REALLY WOULD GET TO SEE IS IN THE BRONX ZOO. BUT FRANK TOOK
ME TO HIS FARM AND ACTUALLY POSTED A PICTURE ON FACEBOOK WHERE HE
WAS ACTUALLY TEACHING ME HOW TO MILK SOME OF THE -- I MEAN FEED SOME
OF THE ANIMALS AND -- IN -- IN THE FARM. AND FRANK WAS SUCH A DEAR,
DEAR GUY, VERY QUIET, BUT WHEN HE GOT UP TO SPEAK ON THINGS THAT WAS
IMPORTANT TO HIM, YOU KNEW HE WAS VERY SERIOUS. SO, I'M GOING TO
PERSONALLY MISS FRANK SO MUCH.
AND I KNOW WE HAVE THE SIMANOWITZ FAMILY THERE,
AND MY EXPERIENCES, I HAVEN'T REALLY ATTENDED MANY FUNERALS IN THE --
IN THE JEWISH ORTHODOX FAITH AND FINDING OUT THAT -- THAT MIKE HAD
PASSED, I TRIED TO REACH OUT AND I DID GET TO SPEAK TO MRS. SIMANOWITZ,
BUT IN THE MATTER OF HOURS WHEN I WAS THERE AT MIKE'S FUNERAL, TO SEE
LITERALLY THE HUNDREDS OF PEOPLE THERE THAT TURNED OUT FOR HIM IN A
MATTER OF HOURS, IT WAS ALMOST STUNNING AND IT WAS JUST A FEELING OF
EVERYBODY LOVED AND CARED ABOUT MIKE THE SAME WAY THAT I FELT THAT I
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DID. AND ONE OF THE WONDERFUL THINGS I'LL SAY ABOUT MIKE SIMANOWITZ
IS YOU ALWAYS KNEW WHERE YOU STOOD WITH MIKE AND YOU ALWAYS KNEW
WHERE HE WAS. AND IN THE BUSINESS FAR TOO OFTEN WHERE PEOPLE ARE NOT
BRAVE ENOUGH TO TELL YOU HOW THEY FEEL, MIKE WOULD EITHER GIVE YOU A
"YES" OR HE WOULD GIVE YOU A "NO", BUT YOU CLEARLY KNEW WHERE HE
STOOD WITH YOU AND ON WHATEVER ISSUE. AND I DO REMEMBER WHEN WE
ASKED MIKE TO BE ONE OF THE -- THE LEADERS IN CONFERENCE AND I SAID,
WELL, THIS IS GOING TO BE FUNNY HAVING THIS BIG GUY TELLING PEOPLE TO
HAVE TO GIVE UP THE MICROPHONE, BUT I ALWAYS CALLED MIKE MY BIG
TEDDY BEAR AND SO, WE'RE GOING TO MISS HIM AS WELL.
AND THEN FINALLY FOR ME AND THEN FOR DENNY, AND
EXCUSE ME, DENNY FARRELL III, BUT I'M GOING TO SHARE A PIECE OF THE --
THE NOTE THAT YOU JUST -- THAT YOU JUST WROTE TO ME, BUT I WANT TO GET
BACK TO -- AND ONE OF THE COMMENTS THAT I MADE ABOUT DENNY AT HIS
FUNERAL WAS, WE ALL KNOW THAT DENNY WAS THE SON OF -- OF TAILORS AND I
ALWAYS KNEW WITH DENNY AND, OF COURSE, WITH OUR SERGEANT-AT-ARMS
WAYNE JACKSON, THAT IF YOU WERE GOING TO WALK INTO THIS CHAMBER, YOU
BETTER BE DRESSED CORRECT OR SOMEONE WAS GOING TO -- TO SHOUT YOU OUT.
BUT THE THING I WANT TO TOUCH IN AND -- AND -- TO -- TO -- TO DENNY III,
YOU -- YOU WROTE IN THIS NOTE, AND FORGIVE ME FOR SHARING THE PERSONAL
NOTE THAT YOU WROTE ME -- YOU THANKED ME FOR KEEPING DENNY AS THE
WAYS AND MEANS CHAIR, BUT I HAVE TO THANK ALL OF YOU AND I HAVE TO
THANK DENNY BECAUSE WHEN I DID HAVE THE OPPORTUNITY TO BECOME
SPEAKER AND WE HAD REALLY, A MONTH INTO SESSION WE HAD A BUDGET TO
GET DONE, THERE WAS NO WAY I WAS GOING TO REPLACE DENNY FARRELL, NOT
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WITH 40 YEARS OF EXPERIENCE, THE CLASS AND RESPECT THAT THE MEMBERS ON
BOTH SIDES OF THE AISLE HAD FOR HIM. SO, DENNY DID ME A FAVOR, I DID
NOT DO HIM A FAVOR. SO I WANT TO SAY THAT TO ALL OF YOU, HOW IMPORTANT
AND SPECIAL DENNY WAS TO ME.
THANK YOU.
(PAUSE)
MR. DENDEKKER.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. I
WANT TO TALK, TOO, ABOUT FRANK SKARTADOS. HE WAS A DEAR FRIEND OF
MINE. I ALSO GOT TO GO TO HIS FARM AND HE WAS QUITE PROUD OF HIS
BACKGROUND AND HE IS TRULY, TRULY GOING TO BE MISSED. HE WAS SUCH A
DEDICATED PUBLIC SERVANT. AND HE WAS SO QUIET THAT I THINK A LOT OF US
MAYBE -- MIGHT HAVE TAKEN HIM FOR GRANTED, BUT HE WAS A -- A VERY
WISE MAN AND HE CARED VERY DEEPLY ABOUT HIS COMMUNITY. AND I WILL
ALWAYS REMEMBER HIM.
MICHAEL SIMANOWITZ IS A VERY, VERY DEAR CLOSE
PERSONAL FRIEND FROM QUEENS. I THOUGHT OF HIM TODAY AS I WAS WALKING
OUTSIDE BECAUSE THE SUN WAS SHINING AND SOMEONE CAME OVER TO ME
AND SAID, HOW ARE YOU DOING? AND I SAID, LIVING THE DREAM, BECAUSE
SO OFTEN, AS ALL OF US KNOW, THAT WOULD BE MIKE'S TAG LINE. AND -- AND
-- AND JUST ALL OF HIS SERVICE THAT A LOT OF PEOPLE DON'T KNOW ABOUT AND
HIS LOVE FOR THE AUXILIARY POLICE DEPARTMENT. I -- I -- I WILL ALWAYS TRY
TO CARRY ON ONE OF HIS BILLS THAT HE TRIED TO PASS SO HARD, BUT THE LOVE
THAT HE HAS FOR THE MEN AND WOMEN THAT VOLUNTEER THEIR TIME TO WEAR A
UNIFORM IN THEIR COMMUNITY IS ASTOUNDING. AND HIS LOVE FOR -- FOR LAW
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ENFORCEMENT AND BEING PART OF THE COMMUNITY NEEDS TO BE ALWAYS
REMEMBERED. HE WAS ACTUALLY IN THE AUXILIARY POLICE DEPARTMENT I
BELIEVE SINCE, LIKE, 1995, SO HE SPENT QUITE A NUMBER OF YEARS THERE.
PLUS, HIS LOVE FOR THE METS WAS ALWAYS ANOTHER GREAT THING THAT WE
WOULD GO AND WATCH THE MET GAMES TOGETHER AND WE BROUGHT THE TV
INSIDE - SOME OF US WILL TALK ABOUT THAT - BUT WEARING OUR BLUE AND
ORANGE WATCHING THE GAMES TOGETHER. HE WAS A TRUE -- A TRULY GREAT
MAN.
AND THEN DENNY FARRELL. I REMEMBER THE FIRST TIME
THAT I MET HIM WHEN I FIRST BECAME A MEMBER, I CALLED HIM MR. FARRELL
AND HE SAID, "MY FATHER IS MR. FARRELL; MY NAME'S DENNY." AND THAT
STARTED OUR RELATIONSHIP. AND THEN HE WOULD SEE ME WITH MY
MOTORCYCLE SOMETIMES IN -- IN THE LOB PARKING LOT. AND HE'D SAY, OH,
YOU RIDE A MOTORCYCLE; I WOULDN'T DO THAT, BUT HE HAD A BEAUTIFUL
MUSTANG CONVERTIBLE, WHICH -- WHICH A LOT OF PEOPLE PROBABLY DIDN'T
KNOW WAS ALSO A STICK, WHICH ADMIRED ME SO MUCH THAT HE DROVE A
STICK SHIFT MUSTANG CONVERTIBLE. I HAD NOTHING BUT THE UTMOST RESPECT
FOR HIM RIGHT THEN AND THERE. AND WE BONDED. AND JUST THE DIGNITY
AND RESPECT THAT HE BRINGS TO THIS CHAMBER EVERY DAY AND THE WAY HE
STOOD THERE FOR HOURS ON END TAKING QUESTIONS AND ANSWERING QUESTIONS
ABOUT THE BUDGET WAS, I DON'T EVEN HAVE THAT STAMINA NOW TO STAND AND
SIT IN SESSION DURING THOSE LONG DEBATES. I DON'T KNOW HOW HE DID IT
AND I WILL ALWAYS REMEMBER HIM FOR THAT. HE WAS SUCH A GENEROUS
MAN AND A GOOD, GIVING SOUL.
SO, I -- I -- I AM HAPPY TO CELEBRATE THE THREE LIVES OF
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THOSE MEMBERS THAT I SERVED WITH, AND ALTHOUGH I KNOW THIS IS A
MEMORIAL, FOR ME, IT'S A CELEBRATION OF ALL THEIR LIVES AND -- AND I WILL
REMEMBER EACH AND EVERY ONE OF THEM IN MY OWN SPECIAL WAY. BUT
THANK YOU FOR BRINGING THIS RESOLUTION TO THE FLOOR, MR. SPEAKER.
SPEAKER HEASTIE: MS. WEINSTEIN.
MS. WEINSTEIN: THANK YOU, MR. SPEAKER. YOU
KNOW, ONE OF THE GREAT ADVANTAGES OF SERVING A LONG TIME IN THIS HOUSE
IS YOU GET TO MEET SOME INCREDIBLY WONDERFUL PEOPLE. IT ALSO THEN
BECOMES A SAD DAY, LIKE TODAY, WHEN YOU REALIZE HOW MANY OF THEM
ARE GONE.
WHEN I FIRST GOT HERE -- OR ACTUALLY WHEN LOUISE
SLAUGHTER FIRST GOT HERE TWO YEARS AFTER ME, WE SAT OVER THERE
(INDICATING) NEXT TO EACH OTHER AND I REMEMBER LOUISE SPEAKING ON THE
FLOOR SAYING THE FIRST TIME ON AN EQUAL PAY DAY DEBATE WHEN SHE SAID
THE FIRST TIME SHE EVER GOT PAID THE SAME TIME -- THE SAME AMOUNT AS A
MAN WAS THE DAY SHE GOT ELECTED TO THE STATE LEGISLATURE. AND THAT'S
REALLY, ALL THESE YEARS, HAS REALLY STUCK WITH ME. AND AFTER SHE LEFT HERE
AND GOT TO SERVE HER ROCHESTER COMMUNITY WITH THAT WONDERFUL
UPSTATE ACCENT THAT WE ALL CAME TO LOVE, SHE WOULD CALL ME EVERY OTHER
YEAR AND ASK FOR A RED BOOK AND I WAS HAPPY TO -- HAPPY TO SEND THEM
ALONG, EVEN IF IT WAS JUST FOR US TO BE ABLE TO KEEP IN -- KEEP IN TOUCH.
BRIAN MURTAUGH WAS ONE OF MY CLASSMATES. ON THE
FIRST DAY WE WERE UP HERE FOR OUR ORIENTATION, HE ASKED THE
THEN-SPEAKER FINK IF HE COULD GET A GOOD BRIDGE GAME AT NIGHT, AND I
THINK WE ALL STARED AT HIM BECAUSE WE KNEW THAT WASN'T REALLY THE RIGHT
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QUESTION TO BE -- TO BE ASKING.
YOU KNOW, MIKE SIMANOWITZ, I REALLY CAME TO LEARN
TO LOVE HIM AND TO APPRECIATE HIM. HERE WE HAD A COUPLE OF MUTUAL
FRIENDS FROM HIS YESHIVA DAYS AND HE ALWAYS WAS, BESIDES HIS
ACTIVITIES HERE THAT WE ALL OBSERVED, HE TALKED TO ME ABOUT -- HE'D BRING
IT TO MY ATTENTION SOME ISSUES OF -- THAT COULD HELP SERVE THE
COMMUNITY AND HE WAS NEVER ONE OF THESE, WELL, YOU KNOW, IF YOU
COULD DO IT HELENE, THAT'D BE GREAT; WE JUST NEED TO GET IT DONE. AND
HE WAS VERY SELFLESS IN THAT REGARD AND HE WAS REALLY A PLEASURE HIS
SERVING HERE AND WORKING WITH HIM.
YOU KNOW, IT'S EVEN -- IT'S HARD FOR ME TO STAND IN THIS
SPOT WHERE DENNY STOOD FOR SO MANY YEARS WHERE I'D SEE HIM. WHEN
-- BEFORE I GOT ELECTED, MY DAD MENTIONED TO ME THAT HE MET THIS TALL
GUY WITH A BIG AFRO WHO SAID -- WHO THANKED HIM FOR WINNING HIS
ELECTION BECAUSE WHEN STANLEY FINK BECAME SPEAKER, HE APPOINTED
DENNY FARRELL CHAIR OF BANKS, AND IT WAS THE FIRST COMMITTEE HE -- I
BELIEVE HE WAS CHAIRING. AND I HADN'T THOUGHT ABOUT IT, I NEVER TALKED
TO DENNY ABOUT IT. THEN, MR. SPEAKER, WHEN YOU APPOINTED ME TO
CHAIR WAYS AND MEANS AFTER DENNY LEFT WHEN WE CHATTED, ONE OF THE
FIRST THINGS HE SPOKE ABOUT IS HOW WE WERE CONNECTED BEFORE I EVEN
GOT ELECTED AND RECOUNTED -- RECOUNTED THE STORY ABOUT HOW BECAUSE OF
MY FATHER, HE BECAME CHAIR OF BANKS AND THAT PAVED THE WAY FOR HIS
BECOMING CHAIR OF WAYS AND MEANS.
I SERVED ON THE WAYS AND MEANS COMMITTEE FOR
20-PLUS YEARS WITH DENNY AS THE CHAIR, AND MOST OF THAT TIME I SAT TO
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HIS RIGHT. AND WHILE IT WAS ALWAYS INTERESTING WATCHING HIM RUN THE
COMMITTEE, THE BEST TIMES WE HAD I THINK ON THE COMMITTEE WERE
BEFORE WHILE THE COMMITTEE STARTED WHEN WE WERE WAITING FOR
MEMBERS TO ARRIVE AND DENNY WOULD TELL STORIES ABOUT HIS DAYS IN THE
SHMATA BUSINESS, AS WE -- AS HE WOULD SAY AND AS WE SAY IN BROOKLYN,
IN THE CLOTHING INDUSTRY, SEWING -- SEWING DRESSES AND HE'D ALWAYS
HAVE SOME HINTS ON FABRICS AND SEWING AND STYLES FOR ALL OF US THERE.
BUT REALLY, THE BEST TIMES IN THE WAYS AND MEANS COMMITTEE -- AND
DENNY WOULD GET PHONE CALLS EVERY SO OFTEN, YOU'D SEE HIM HIT THAT
BUTTON AND DECLINE THE CALL, BUT WHEN SOMEONE -- WHEN THIS YOUNG
WOMAN CALLED, HE ALWAYS TOOK THE CALL. AND WHEN SOPHIA CALLED, HE
WOULD PICK UP THE PHONE AND SAY, I CAN'T REALLY TALK, BUT, YOU KNOW,
WHAT'S UP, GO ASK YOUR MOM, AND YOU COULD JUST SEE THAT SMILE ON HIS
FACE THESE YEARS WHEN -- WHEN THAT HAPPENED. AND IT'S REALLY BEEN
INCREDIBLE JUST IN THE ONE YEAR OF CHAIRING THE WAYS AND MEANS
COMMITTEE, MY ADMIRATION FOR WHAT DENNY DID FOR ALL THOSE YEARS HAS
ONLY INCREASED. I'M SO GLAD THAT WE HAD THE OPPORTUNITY FOR HIM TO
SERVE IN THIS HOUSE AND TO BE ABLE TO SPEND SO MUCH TIME LEADING US,
AND WE ALSO, AS A BENEFIT -- ADDED BENEFIT, WE GOT TO MEET THE WHOLE
FAMILY AND HAVE THEM BECOME PART OF OUR FAMILY. WE'LL CERTAINLY MISS
HIS PRESENCE HERE.
SPEAKER HEASTIE: MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER. FRANK
SKARTADOS WAS A MAN WITH WHOM I SHARED REPRESENTATION IN ULSTER
COUNTY. HE STOOD HERE FOR THREE COUNTIES, THREE VERY, VERY DIFFERENT
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SMALL CITIES IN THE HUDSON VALLEY AND SEVERAL SMALL TOWNS. HE WAS A
FARMER. HE WAS A SMALL BUSINESSMAN. HE WAS A COMMUNITY ACTIVIST
AND HE NEVER LET US FORGET THAT HE WAS AN IMMIGRANT. FRANK'S STORY
WAS, IN MANY RESPECTS, THE CLASSIC "AMERICAN DREAM", AND IN A PLACE
WHERE BEING HEARD AND WHO SAYS WHAT IS OFTEN THOUGHT TO BE MORE
IMPORTANT THAN WHAT IS SAID, FRANK PROUDLY DESCRIBED HIMSELF AS A
WORKHORSE, NOT A SHOW HORSE. WE MOURN HIS PASSING AND WE MISS
HIM.
MICHAEL SIMANOWITZ. MIKE WAS A COLLEAGUE WHO
MADE MANY OF US LOOK FORWARD TO OUR PARTY CONFERENCES.
(LAUGHTER)
"I'LL WAIT", AS MIKE WOULD SAY.
(LAUGHTER)
WHILE WE TREAT THAT VENUE AS A PRIVILEGED AND
CONFIDENTIAL PLACE, I WILL DEVIATE FROM THAT RULE OF HONOR JUST TO
MENTION MIKE'S INFLUENCE THERE. IF A COLLEAGUE OR I EVEN ENTERTAINED
THE NOTION OF BEING VERBOSE, OF BEING REPETITIVE OR IRRELEVANT, WE
THOUGHT TWICE BECAUSE OF MIKE SIMANOWITZ. WITH A LITTLE MORE THAN A
LOOK OR AN OCCASIONAL SIGH, AND EVERY ONCE IN A WHILE A COMMENT JUST
ABOVE A MUMBLE, MIKE COULD INSTILL DISCIPLINE IN OUR CONFERENCE. HE
DID EVERYTHING HE COULD TO CREATE THE IMPRESSION THAT HE WAS BRUSQUE,
WITH LITTLE PATIENCE FOR OTHERS, BUT THE OPPOSITE WAS TRUE. MIKE WAS
ENGAGED. HE WAS PASSIONATE AND ENDLESSLY CURIOUS ABOUT OTHERS'
POINTS OF VIEW, BUT HE ALSO INSISTED THAT NONE OF US EVER TAKE OURSELVES
VERY SERIOUSLY. WE MISS HIM, WE MISS HIS DISCIPLINE, WE MISS HIS BIG
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BEAR OF A PRESENCE, BUT EQUALLY SO, AND MAYBE EVEN MORE SO, WE MISS
HIS GOOD HUMOR.
DENNY. I JUST GOT SOME GOOD NEWS THAT MAKES ME A
LITTLE SAD, BUT IT'S GOOD NEWS AND I KNOW DENNY IS LOOKING DOWN. AND
I WAS JUST TALKING TO SOPHIA, AND LITTLE SOPHIA WHO WE ALL SAW GROW UP
HERE TOMORROW FINISHES MIDDLE SCHOOL AND STARTS HIGH SCHOOL.
(APPLAUSE)
WHENEVER ANYONE IN ALBANY CALLS ANYONE OF US "MR.
CHAIRMAN", I TURN MY HEAD TO SEE IF DENNY FARRELL WALKED INTO THE
ROOM. HE WAS DAPPER. HE WAS ELEGANT. HE WAS DIGNIFIED. HE WAS A
NATURAL BORN LEADER. WHILE HE REGULARLY ACKNOWLEDGED THE COMPLEXITY
OF THE MATTERS BEFORE US, NO ONE COULD BREAK DOWN THE MOST COMPLEX,
THE MOST DAUNTING OF SUBJECTS, OUR BUDGET, BETTER THAN CHAIRMAN
FARRELL. AND DENNY WAS OUR GO-TO GUY.
WHEN I WAS JUST A FRESHMAN IN THE MIDST OF THE LAW
AND ORDER FRENZY OF THE '90S, SAUL WEPRIN CONVENED A TASK FORCE, AND
THAT TASK FORCE WAS CHARGED WITH -- WITH CRIMINAL JUSTICE REFORM.
DENNY CHAIRED THAT TASK FORCE, AND HE KEPT PEACE AMONG MANY OF US
WITH POLAR OPPOSITE POINTS OF VIEW, AND SHEPHERDED AN AGENDA SO
PROGRESSIVE, LADIES AND GENTLEMEN, SO FAR AHEAD OF ITS TIME THAT THIS
VERY YEAR, MANY OF THOSE CONCEPTS WERE REINTRODUCED AS NEW IDEAS,
SOME TODAY ON THE FLOOR HERE. A FEW YEARS LATER, DENNY WAS PART OF --
WAS PUT IN CHARGE OF GETTING AHEAD OF WHAT SEEMED LIKE AN INEVITABLE
CRISIS, A FLOOD OF MUNICIPAL FINANCIAL COLLAPSES. HIS CAREFUL
DELIBERATIONS NOT ONLY PROVIDED US THE TOOLS TO DEAL WITH WHAT -- WITH
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WHAT TO DO SHOULD IT OCCUR, BUT ACTUALLY PREVENTED IT FROM HAPPENING
ALTOGETHER.
AS THE LEADER OF OUR PARTY, DENNY FARRELL WAS THE
EPITOME OF THE "IRON FIST IN THE VELVET GLOVE." THE RESPECT ONE AND
ALL HAD FOR DENNY CANNOT BE OVERSTATED. HE ALLOWED ME TO SUBSTITUTE
FOR SOPHIA AS THE OFFICIAL PAGE TURNER IN THE WAYS AND MEANS
MEETINGS. HE INVITED ALL OF US WITHOUT REGARD TO HIS POLITICAL
AFFILIATION, SENIORITY, OR EVEN OUR MEMBERSHIP ON THE WAYS AND MEANS
COMMITTEE INTO HIS CIRCLE. THE PASSING OF DENNY FARRELL TRULY FEELS
LIKE A LOSS IN OUR ASSEMBLY FAMILY. AND ALONG WITH HIS ACTUAL FAMILY,
WE WILL MISS THOSE PHONE CALL INTERRUPTIONS AND A POCKETFUL OF
CRACKERS, AND WE WILL CELEBRATE A LIFE WELL-LIVED AND MOURN HIS
DEPARTURE FROM THIS MORTAL EARTH.
I ALSO STAND TODAY TO RECOGNIZE MY PREDECESSOR. IN
1975, MAURICE HINCHEY WAS SWORN INTO THE OFFICE OF THE NEW YORK
STATE ASSEMBLY FOR THE VERY FIRST TIME. WHEN HE PUT TOGETHER HIS
INITIAL STAFF, I WAS HONORED TO BE PART OF THAT STAFF. AND NOW 43 YEARS
LATER, WE MOURN THE PASSING OF A LEADER OF UNPARALLELED COMPASSION,
UNQUESTIONED INTEGRITY AND UNBRIDLED ENERGY. DURING THE INTERVENING
DECADES, ASSEMBLYMAN AND THEN-CONGRESSMAN HINCHEY WORKED EVERY
DAY TO IMPROVE THE LIVES OF THE PEOPLE HE LOVED AND SERVED. ONE OF
OUR NATION'S EARLY ENVIRONMENTAL LEADERS, MAURICE INSPIRED, AUTHORED
AND IMPROVED LAWS TO PROTECT OUR LAND, AIR AND WATER AND HEALTH. HE
FOUGHT MOBSTERS IN CHEMICAL MANUFACTURERS WHEN THEY POISONED OR
TRIED TO POISON THE EARTH. HE CREATED THE HUDSON RIVER GREENWAY AND
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THE HISTORIC HERITAGE AREAS. HE BROUGHT UNPRECEDENTED ATTENTION TO OUR
BEAUTIFUL CATSKILLS, AND HE HELPED START ENVIRONMENTAL SUPERFUNDS HERE
IN NEW YORK AND ALL OVER THE NATION.
IN OUR HOUSE, IN THE NEW YORK STATE ASSEMBLY,
MAURICE DEFINED THE ROLE OF THE CHAIR OF ENVIRONMENTAL CONSERVATION
COMMITTEE. AS AN ACTIVIST, PROACTIVE, CUTTING EDGE AND
UNCOMPROMISING, A TRADITION CARRIED ON BY ALL OF HIS SUCCESSORS,
BRODSKY, DINAPOLI, SWEENEY, AND OUR CURRENT CHAIR, STEVE
ENGLEBRIGHT. THOUGH BEST KNOWN FOR HIS ENVIRONMENTAL LEADERSHIP,
MAURICE D. HINCHEY WAS AN EARLY CHAMPION OF THE MODERN WOMEN'S
RIGHTS MOVEMENT, UNIVERSAL HEALTHCARE, SOCIAL ECONOMIC AND CRIMINAL
JUSTICE REFORM AND MUCH, MUCH MORE. BOTH BEFORE AND DURING HIS
TENURE IN CONGRESS, HE WAS A LEADING AND SOMETIMES LONE VOICE AGAINST
UNNECESSARY MILITARY INCURSIONS BY OUR NATION ACROSS THE GLOBE.
HE STOOD SHOULDER-TO-SHOULDER WITH CIVIL RIGHTS
FREEDOM FIGHTERS, WORKERS DEMANDING FAIR TREATMENTS AND IN THE DARK
DAYS OF THE 1970S, AND EVER SINCE, MAURICE WAS THE CHAMPION WE ALL
LONGED FOR. HE FEARED NO GIANTS AND STOOD UP TO EVERY BULLY IN POLITICS,
IN BUSINESS, IN ALL OF HIS LIFE. WE MOURN HIS PASSING.
SPEAKER HEASTIE: MR. CUSICK.
MR. CUSICK: "LIVING THE DREAM." IF YOU PASSED
MIKE SIMANOWITZ IN THE HALLWAY, IN THE CAPITOL, ANYWHERE IN ALBANY,
QUEENS, WHEREVER HE WAS, AND YOU SAID, HOW YOU DOING, MIKE? HE
WOULD SAY, LIVING THE DREAM. AND AS MIKE DENDEKKER SAID, HE SAID IT
TO EVERYBODY. AND AS SOMEONE WHO WAS VERY CLOSE TO MIKE, HE MEANT
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IT. YOU KNOW, HIS DELIVERY SOMETIMES WAS A LITTLE GRUFF --
(LAUGHTER)
-- SOME WALKING WITH HIM FROM THE CAPITOL TO HERE
AND SOMETIMES IN A RUSH OR MAYBE SOMETHING HAPPENED BEFORE,
SOMEONE WOULD ASK HIM AND HE'D SAY, LIVING THE DREAM, DEPENDED ON
HIS DELIVERY. SOMETIMES IT WAS SARCASTIC, BUT HE STILL MEANT IT. HE WAS
LIVING HIS DREAM. YOU KNOW, AFTER HIS FAMILY, AFTER JENNIFER, JOSH AND
ALYSSA, HIS KIDS, HIS MOM AND DAD, WE WERE HIS FAMILY. YOU KNOW,
MANY OF US IN THIS ROOM, WE HAVE ASPIRATIONS FOR OTHER OFFICE, WE HAVE
-- BUT THIS WAS HIS DREAM. YOU KNOW, BEING THE ASSEMBLYMAN FROM
HIS DISTRICT WAS WHAT MIKE WANTED TO BE. AND HE WAS LIVING IT. AND
ALL OF US HERE WERE PART OF THAT. YOU KNOW, MIKE HAD DEDICATED HIS
ENTIRE LIFE TO SERVING HIS COMMUNITY. YOU KNOW, WHETHER IT WAS -
EXCUSE ME - WHETHER IT WAS AS A (SIC) AUXILIARY POLICE OFFICER OR AS A
COMMUNITY ACTIVIST IN HIS COMMUNITY, MIKE LOVED HIS JOB.
YOU KNOW, MR. SPEAKER, ON BEHALF OF MYSELF AND
SOME OF MIKE'S CLOSEST FRIENDS, I WANT TO THANK YOU FOR APPOINTING HIM
AS CHAIR OF THE CONFERENCE BECAUSE SOME OF MY FONDEST MEMORIES IN
MY PERCH FROM THE CONFERENCE ROOM, I GOT TO SEE EVERY FACIAL
EXPRESSION AND, MR. SPEAKER, YOU KNOW THIS BECAUSE YOU SAT BEHIND
MIKE AND YOU HAD THE VISUAL OF ME REACTING TO MIKE'S FACIAL
EXPRESSIONS. AND IT WAS JUST FUN TO WATCH. AND MIKE MAY HAVE COME
OFF AS BEING ANNOYED, MAYBE THE THIRD TIME SOME MEMBERS GOT UP TO
SPEAK.
(LAUGHTER)
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HE HAD -- HAD SOME FAVORITES.
(LAUGHTER)
BUT I WILL STICK TO THE RULE OF NOT MENTIONING NAMES.
SPEAKER HEASTIE: COUGH - ABINANTI - COUGH.
(LAUGHTER/APPLAUSE)
MR. CUSICK: THANK YOU, MR. SPEAKER. THANK YOU.
BUT FOLKS, FOLKS, YOU KNOW, AS A JOKE YEARS AGO, MATT
TITONE HAD PUT A PICTURE ON MY DESK THAT I STILL HAVE OF MIKE AS AN
INTERN. HE STARTED HERE AS AN INTERN AND HE HAS A SMILE ON HIS FACE THAT
YOU WOULD NOT BELIEVE, AND THAT'S THE SMILE HE HAD WHEN HE WAS HERE
ALL THE TIME. AND THAT WAS BECAUSE OF ALL OF YOU. WE'RE HERE TOGETHER
MANY HOURS, WE BECOME FAMILY, BUT HE TRULY, HE TRULY FELT THAT THIS WAS
HIS FAMILY AND I MISS HIM, I MISS OUR BROTHER. THIS PLACE IS NOT THE
SAME, BUT MIKE SIMANOWITZ WILL ALWAYS BE A MEMBER OF THE STATE
ASSEMBLY, AND HE WILL ALWAYS HAVE A PRESENCE HERE IN THE ASSEMBLY.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. THIS IS SUCH
A UNIQUE PLACE. WE'RE AWAY FROM OUR FAMILIES, SOMETIMES WE'RE HERE
WHAT SEEMS LIKE WEEKS ON END EVEN THOUGH THERE USUALLY IS A WEEKEND
IN BETWEEN, BUT YOU BARELY GET TO RECOVER WHEN YOU'RE BACK, AND IT'S
THIS TIME OF YEAR WHEN, YOU KNOW, EVERYONE'S NERVES ARE A LITTLE BIT
FRAYED, BUT IT IS A PLACE WHERE YOU GET TO KNOW PEOPLE IN A VERY
PERSONAL WAY THAT IS DIFFERENT FROM, CERTAINLY, THE CITY COUNCIL IN NEW
YORK CITY WHERE PEOPLE GO HOME TO THEIR FAMILIES AT NIGHT. HERE, YOU
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GET TO KNOW WHEN SOMEBODY'S NOT FEELING WELL, WHEN SOMEBODY'S, YOU
KNOW, HAD A BAD DAY BECAUSE SOMETHING HAPPENED WITH A BILL, AND SO
YOU GET TO KNOW EACH OTHER. SOMETIMES YOU GET TO KNOW PEOPLE REALLY
WELL, BUT REGARDLESS, YOU KNOW PEOPLE JUST IN A DIFFERENT FASHION.
AND I HAVE SERVED HERE QUITE A LONG TIME AND I
REMEMBER A NUMBER OF PEOPLE WHO ARE ON THIS VERY SAD LIST. AND I
REMEMBER BRIAN MURTAUGH -- (TALKING LOW AND FAST) -- BRIAN TALKED
VERY QUICKLY AND HE MUTTERED AND YOU DIDN'T REALLY KNOW EXACTLY WHAT
HE WAS SAYING AND YOU JUST HEARD HIM -- AND HE DID IT BY ALWAYS SORT OF
HIKING UP HIS PANTS AND LAUNCHING INTO SOMETHING IN BOTH IN
CONFERENCE AND HERE ON THE FLOOR. BUT HE HAD SERVED AT ONE TIME AS A
MERCHANT SAILOR AND HE TRAVELED ALL OVER THE WORLD AND HE HAD SUCH
INTERESTING EXPERIENCES WHICH I THINK A LOT OF PEOPLE WOULD NEVER HAVE
ASSUMED WAS A PART OF HIS LIFE. HE DIDN'T SEEM LIKE SOMEBODY WHO HAD
EVER GOTTEN ON A SHIP. AND WE AGREED ON MOST THINGS AND -- BUT WE
SHARED, WE USED TO SPEND A LOT MORE HOURS HERE, INCIDENTALLY, FOR THE
NEWER MEMBERS, AND SO ON THE THIRD MORNING WHEN YOU WERE A LITTLE
BIT SEEMINGLY DRUNK WITHOUT EVER HAVING HAD ANYTHING TO DRINK, YOU
WERE JUST COMPLETELY ADDLEPATED FROM HOURS WITHOUT SLEEP, YOU WOULD
SIT DOWN WITH PEOPLE AND YOU WOULD HEAR THEIR LIFE STORIES AND BRIAN
WAS A REALLY FASCINATING GUY WHO HAD HAD AN INCREDIBLE LIFE
EXPERIENCE, AND I WAS VERY SAD TO LEARN OF HIS PASSING.
AND, OF COURSE, FRANK SAT RIGHT OVER HERE (INDICATING)
AND WE WOULD HAVE AN OPPORTUNITY TO TALK. I HAD LEARNED SOME, I GUESS
YOU'D CALL THEM CURSE WORDS, IN GREEK FROM MY PARTNER WHO HAD
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STUDIED ANCIENT GREEK, AND EVERY ONCE IN A WHILE WHEN IT WAS, YOU
KNOW, SOMEBODY SAID SOMETHING REALLY ANNOYING, I WOULD SAY
SOMETHING TO FRANK AND I REMEMBER HE -- I SHOULD HAVE WAITED UNTIL HE
FINISHED DRINKING THAT SODA.
(LAUGHTER)
BUT HE LAUGHED BECAUSE HE DIDN'T EXPECT ME TO KNOW
THAT PARTICULAR WORD.
MAURICE HINCHEY WAS, I DIDN'T SERVE WITH HIM LONG,
BUT HE WENT ON TO NOT ONLY BE A LEADER IN THE ENVIRONMENT HERE, BUT IN
CONGRESS. AND THERE IS AN INTERPRETIVE CENTER, THE CATSKILL INTERPRETIVE
CENTER IS NAMED AFTER HIM AND IT'S ON ROUTE 28 IN TREMPERSKILL -- MT.
TREMPERSKILL (SIC). MT. TREMPER, THERE IS A TREMPERSKILL, BUT THIS IS IN
MT. TREMPER, AND I URGE PEOPLE, IF YOU'RE UP IN THE CATSKILLS, TO STOP
BY. IT'S A BEAUTIFUL -- NOT ALL OF US ARE GOING TO HAVE A TRIBUTES TO US THAT
ARE THAT TANGIBLE, BUT THAT IS A UNIQUE PLACE AND A REAL FITTING MEMORIAL
FOR MAURICE, WHO DID SO MUCH FOR THE CATSKILLS AND, CERTAINLY, FOR THE
ENVIRONMENT. ALL OF US BENEFIT GREATLY FROM THE WORK THAT HE DID.
MIKE SIMANOWITZ WAS ON MY COMMITTEE AND MOST
CHAIRS UNDERSTAND HOW IMPORTANT IT IS TO HAVE AT LEAST ONE MEMBER ON
THE COMMITTEE WHO UNDERSTANDS DUTY AND OBLIGATION --
(LAUGHTER)
-- AND SHOWS UP. MIKE -- MICHAEL DID THAT, AND HE
HAD A VERY DRY WIT, WHICH ONE MIGHT HAVE TAKEN FOR SARCASM, BUT HE
WAS SOMEONE YOU COULD DEPEND UPON AND I KNOW THAT HIS CLOSE FRIENDS
AND, CERTAINLY, HIS FAMILY KNOWS THAT IF HE SAID HE WAS GOING TO DO
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SOMETHING, HE DID IT. AND HE WAS -- WE SHARED, UNFORTUNATELY, TOO
CLOSE TO THE END, WE HAD SOME CONFERENCES WHERE PEOPLE COMPLAINED
ABOUT EVERY CHAIR AND SOME PEOPLE STOOD UP FOR SOME OF THE CHAIRS
AND MIKE HAD SAID SOMETHING THAT WAS REALLY KIND OF SURPRISINGLY NICE
ABOUT ME AND HE SAID, I HOPE YOU DON'T MIND THAT I USED YOU AS AN
EXAMPLE. AND I SAID, WELL, YOU WOULD BE THE ONLY ONE, FIRST OF ALL AND,
SECOND OF ALL, IT WAS VERY TOUCHING AND OF COURSE I DIDN'T MIND AND I
ACTUALLY THANK YOU SO MUCH, IT MEANT A LOT TO ME TO HAVE SOMEBODY SAY
SOMETHING POSITIVE. AND I WAS SO SHOCKED BECAUSE I THOUGHT MICHAEL
WAS LOOKING SO WELL, AND I WAS VERY SHOCKED AND PAINED. HE'S A
YOUNG MAN AND HE HAD A YOUNG FAMILY AND NO MATTER HOW LONG YOUR
LIFE IS, IT'S TOO SHORT, BUT PAINFULLY SO IN THE CASE OF MICHAEL WHO WAS
SO MUCH YOUNGER THAN I, AND WHO HAD SO MUCH TO OFFER.
AND, OF COURSE, THE GREAT CHAIRMAN, DENNY FARRELL.
DENNY WAS AN INSTITUTION IN AN INSTITUTION AND HE DID SO MUCH FOR SO
MANY PEOPLE, AND MANY OF US WHO WENT TO THE SERVICE HEARD FROM SO
MANY PEOPLE ABOUT SO MANY THINGS YOU DIDN'T EVEN KNOW HE HAD DONE
FOR OTHERS. BUT BEFORE AND AFTER -- USUALLY IT WAS AFTER, HE TENDED NOT TO
COME INTO THE MEETING SO MUCH UNTIL HE ACTUALLY, YOU KNOW, THE STAFF
HAD ROUNDED UP ENOUGH PEOPLE THAT WE COULD ACTUALLY CONDUCT A
MEETING, BUT AFTERWARDS SOMETIMES WE WOULD SIT THERE, ESPECIALLY LATE
IN THE SESSION, WE WOULD SIT THERE FOR, YOU KNOW, A VERY LONG TIME.
WHO WANTED TO COME BACK OUT ON THE FLOOR? WE HAD A GOOD EXCUSE,
WE WERE TALKING TO THE CHAIRMAN. AND HE REGALED US WITH STORIES FROM
ALL DIFFERENT PARTS OF HIS LIFE AND HISTORY HERE. I LEARNED SO MUCH FROM
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HIM.
AND I WILL JUST CLOSE WITH THIS. I TOLD SOME OF THE
COLLEAGUES THIS STORY. AFTER THE SERVICE I WENT UP TO THE COUNTRY WHERE
MY WIFE HAS THE GREAT GOOD FORTUNE TO SPEND MOST -- MOST OF HER TIME,
AND WE WERE DRIVING ON A COUNTRY ROAD AND I WAS TELLING HER STORIES
THAT HAD BEEN TOLD AT THE SERVICE AND WE CAME AROUND A BEND AND THERE
IN THE DISTANCE WAS A RED MUSTANG CONVERTIBLE AND I THOUGHT THAT
DENNY'S SPIRIT HAD BEEN CONJURED UP FROM THE STORIES THAT I HAD BEEN
TELLING HER. WE WILL MISS ALL OF OUR COLLEAGUES, AND MAY THEY -- MAY
THEIR MEMORY BE A BLESSING.
SPEAKER HEASTIE: MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. LET ME
THANK MY COLLEAGUE, MS. GLICK, FOR GIVING A SENSE OF WHAT IT IS TO BE
LIKE FOR ALL OF US TOGETHER, SORT OF THE IDEA THAT WE ARE EACH OTHERS'
EXTENDED FAMILIES. AND FOR THOSE OF US WHO WILL NOT BE SERVING HERE
NEXT YEAR, I KNOW MR. BRINDISI, MR. OAKS, MR. TITONE, MR. BUTLER, MR.
CASTORINA, MYSELF, THIS DAY IS A REALLY, REALLY SPECIAL DAY, AND THIS IS
ONE OF THE HALLMARKS OF THIS INSTITUTION THAT I LOVE SO MUCH, TAKING TIME
OUT TO REFLECT ON THOSE WHO HAVE SERVED AND GONE BEFORE US.
AND SO I DO JUST WANT TO TAKE A MOMENT TO
ACKNOWLEDGE SOME OF THE GREAT PEOPLE I HAD A CHANCE TO SERVE WITH.
MS. GLICK MENTIONED BRIAN MURTAUGH, AND DID, I THOUGHT, A SPLENDID
IMPRESSION OF HIM. SO, THANK YOU FOR THAT. I WOULDN'T EVEN ATTEMPT IT,
BUT I DID HAVE AN OPPORTUNITY TO SERVE WITH BRIAN AND SERVED ON HIS
COMMITTEE. HE WAS A KIND AND THOUGHTFUL LEGISLATOR, ALWAYS HAD TIME
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EVEN FOR THE MOST JUNIOR OF MEMBERS.
AND I REMEMBER MAURICE HINCHEY WHO I ONLY HAD THE
PLEASURE OF SERVING WITH FOR JUST A COUPLE OF YEARS, BUT ALWAYS THOUGHT
HE WAS SUCH A DISTINGUISHED LEGISLATOR WHO, AS MR. CAHILL NOTES,
CHAIRED THE COMMITTEE ON ENVIRONMENTAL CONSERVATION AND WAS
REALLY SUCH A TERRIFIC LEGISLATOR AND WENT ON TO SERVE WITH EQUAL
DISTINCTION IN THE U.S. HOUSE OF REPRESENTATIVES.
FRANK SKARTADOS, WHO WAS SO EARNEST AND DEDICATED,
WOULD COME INTO MY OFFICE DOWN THE HALL FROM TIME TO TIME AND TALK
ABOUT WHAT WAS GOING ON HERE AND SHARING HIS PERSPECTIVE, AND HE WAS
JUST SO DEDICATED TO IT. HE WASN'T FLASHY. HE DIDN'T -- HE WASN'T A
LEGISLATOR WHO YOU NEEDED TO SPEAK TO VERY OFTEN OR TALK TO, BUT WHEN
YOU DID, YOU COULD SENSE HIS JUST COMPLETE DEVOTION TO -- TO THIS WORK
AND TO PUBLIC POLICY.
I DO WANT TO NOTE, ALSO MY DEAR FRIEND, LOUISE
SLAUGHTER, WHO PASSED. I DIDN'T HAVE THE CHANCE TO SERVE WITH HER, BUT
DID SERVE WITH HER BACK HOME AND HAD SO MUCH RESPECT FOR HER, LOVE
FOR HER. SHE WAS NOT ONLY A COLLEAGUE IN GOVERNMENT, BUT A DEAR, DEAR
FRIEND AND A PATHFINDER, REALLY SET THE TONE FOR -- FOR SOME MANY
PEOPLE, PARTICULARLY FOR WOMEN IN GOVERNMENT AS THE ONLY WOMAN TO
EVER SERVE AS THE CHAIR OF THE HOUSE RULES COMMITTEE, I KNOW THAT
THOSE OF US BACK IN OUR COMMUNITY REFLECT ON WHAT A GIANT SHE WAS IN
WASHINGTON, BUT WHAT AN EQUAL GIANT SHE WAS IN -- IN ROCHESTER IN OUR
COMMUNITY.
AND I WANT TO JUST SAY AN EXTRA WORD OR TWO ABOUT TWO
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OF -- LEGISLATORS WHO HAVE PASSED WHO WERE DEAR FRIENDS. FIRST OF ALL,
MIKE SIMANOWITZ. GONE FAR TOO SOON, AS OTHERS HAVE COMMENTED.
PEOPLE MENTIONED, I THINK SOME OF HIS ATTRIBUTES. ONE WAS HE, FROM
TIME TO TIME, EXHIBITED SOME IMPATIENCE.
(LAUGHTER)
YOU KNOW, I'D WALK INTO THE CHAMBERS SOMETIME AND
IT WOULD BE MR. SIMANOWITZ, MR. MILLER - GOD BLESS HIM - AND MYSELF
AND MIKE WOULD SAY, WHY CAN'T WE START?
(LAUGHTER)
AND I'D SAY, WELL, BECAUSE AFTER MR. MILLER, MYSELF
AND YOU, WE NEED 73 MORE MEMBERS JUST TO DISPENSE WITH THE READING
OF THE JOURNAL, AND WE'LL HAVE TO WAIT A LITTLE BIT. BUT, OF COURSE, MIKE
WAS IN A HURRY ALWAYS, BUT ASIDE FROM HIS IMPATIENCE, HE WAS SO
EARNEST, SO SMART, SO PASSIONATE, SO DEDICATED TO THE CAUSE AND REALLY
SO, SO FUNNY. WE BECAME IMMEDIATE FRIENDS WHEN I MET HIM AND I
LOVED TO SPEND TIME WITH HIM AND TO TALK.
AND, SADLY, WE ENDED UP BONDING OVER SOMETHING
MUCH DIFFERENT. HIS ILLNESS WAS VERY NEARLY THE SAME AS MY DAUGHTER,
LAUREN, AND WE WOULD MEET ON MONDAYS AND WE WOULD SORT OF SHARE
NOTES ON TREATMENT, ON SIDE EFFECTS. HE WOULD NEVER TALK ABOUT HIS
PAIN. HE WOULD NEVER TALK ABOUT HOW HE WAS DOING. HE ALWAYS
WANTED TO KNOW, HOW'S MY FRIEND LAUREN'S DOING? HE SENT ME A
BEAUTIFUL MESSAGE THE DAY SHE DIED AND I TOLD HIM IN MY RETURN
MESSAGE TO HIM HOW MUCH I LOVED HIM. WHAT HE NEVER MENTIONED
WAS HOW ADVANCED HIS ILLNESS WAS, AND I'LL NEVER FORGET JUST TWO DAYS
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AFTER LAUREN PASSED, MR. SPEAKER, YOU TEXTED ME AND SAID THAT WE HAD
LOST MIKE. SO, WE'RE FOREVER BOUND BY THAT. MY PRAYERS ARE WITH
JENNIFER, HIS CHILDREN, HIS PARENTS. MAY YOU FIND SOME COMFORT IN THE
KNOWLEDGE THAT SO MANY PEOPLE HERE LOVED MIKE SIMANOWITZ, AND I
WILL ALWAYS LOVE HIM.
AND MY FRIEND, DENNY FARRELL. DISTINGUISHED,
ELEGANT. I SO RESPECTED DENNY FARRELL. WE SERVED TOGETHER FOR 26
YEARS. HE WAS THE BEST OF THIS PLACE, OF THIS INSTITUTION. DEBORAH SAID
IT WELL, AN INSTITUTION WITHIN AN INSTITUTION. HE WAS A GIANT AMONG US.
I LOVED TALKING TO HIM. HE'D CALL OR I'D CALL AND HE'D SAY, HOW YOU
DOING, GUY? WE'D TALK ABOUT ALL KINDS OF THINGS, COOGANS, THE POLO
GROUNDS, HARLEM POLITICS, HIS HISTORY, THE HISTORY OF THE ASSEMBLY,
STATE GOVERNMENT. HE'D TALK ABOUT HOW HE STARTED TRYING TO GET A, I
THINK, A SPONSOR FOR A BASEBALL TEAM IS HOW HE GOT INTO POLITICS, BUT
HE'D TALK ABOUT THE ARMY. HE TALKED ABOUT BEING AN AUTO MECHANIC.
HE TALKED ABOUT HIS DYSLEXIA. HE TALKED ABOUT HOW HIS ENTRY INTO
POLITICS IN A WAY JUST CHANGED HIS LIFE. BUT HE CHANGED POLITICS MORE
THAN IT CHANGED HIM. HE WAS A HISTORY HERE. HE KNEW SO MUCH ABOUT
EVERYTHING. BUT THE WAY HE DID IT WITH SUCH DISTINCTION AND SO MUCH
HONOR AND, IN A WAY, DENNY WAS NOT ONLY A MODERN PERSON, BUT OLD
WORLD AND OLD SCHOOL AND KNEW JUST HOW TO DO THINGS. I REMEMBER ONE
DAY, SOMEONE HAD ASKED HIM TO REPORT OUT A BILL WHEN HE WAS
CHAIRMAN OF WAYS AND MEANS, REPORT OUT A BILL, IT WAS A MORELLE BILL,
AND I DIDN'T KNOW THE PERSON HAD GONE TO HIM. HE ASKED FOR A MOMENT
WITH ME IN MY OFFICE, SO I SAID OF COURSE, AND HE CAME IN AND SAT WITH
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ME AND HE SAID, I JUST WANT YOU TO KNOW HOW THIS WORKS. IF YOU NEED A
BILL OUT OF MY COMMITTEE, YOUR PLATE SAYS "NUMBER 2", DON'T FORGET
THAT. AND I SAID, WELL, I WOULD NEVER IMPOSE, BUT DENNY SAID, NO, THIS
IS THE PLACE -- THIS IS THE WAY THIS WORKS, THIS INSTITUTION. SO IMPORTANT,
TO REMEMBER IT, TO REMEMBER OTHERS, TO KNOW WHAT WE ALL DO TOGETHER
THAT WHILE WE'RE ALL INDIVIDUAL AND WE ALL HAVE OUR EGOS AND WE ALL
HAVE OUR AGENDAS, THAT IT'S THE COLLECTIVE SPIRIT HERE WHICH MAKES THIS
SUCH AN AMAZING, AMAZING AND SPECIAL PLACE.
I REMEMBER THE LAST TIME WE SPOKE. I CALLED HIM JUST
A FEW WEEKS BEFORE -- A COUPLE WEEKS BEFORE HE PASSED AND SOPHIA
ANSWERED THE PHONE. AND I SAID, IS YOUR DAD THERE? AND SHE SAID,
WELL, WE JUST CAME TO THE HOSPITAL AND HE'S HAVING AN IV PUT IN, AND I
SAID, OH, WELL PLEASE JUST TELL HIM I WAS THINKING ABOUT HIM, I LOVE HIM,
AND SHE SAID, NO, HE WANTS TO TALK TO YOU. I SAID, NO, I DON'T THINK SO;
NO, NO, HE WANTS TO TALK TO YOU. SO, EVEN WHILE THERE WERE PEOPLE
OBVIOUSLY AROUND HIM GETTING HIM SETTLED IN, HE WANTED TO TALK ABOUT
POLITICS. HE WANTED TO KNOW HOW EVERYONE WAS DOING. HE WANTED TO
KNOW HOW AL TAYLOR WAS DOING. I SAID, EHH, HE'S OKAY --
(LAUGHTER)
I'M TEASING, REVEREND.
BUT THIS WAS SO MUCH A PART OF WHAT HE DID. IT'S HARD
TO THINK OF THE STATE ASSEMBLY WITHOUT THINKING OF DENNY FARRELL; I
KNOW I NEVER WILL. WE WILL NEVER SEE THE LIKES OF DENNY FARRELL AGAIN,
BUT WE WILL NEVER FORGET HIM. SO, GOD BLESS HIM AND HIS BEAUTIFUL
FAMILY. MAY HE REST IN PEACE.
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SPEAKER HEASTIE: MR. BARRON.
MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER,
I MET DENNY FARRELL IN 1985. AS A MATTER OF FACT, I WAS THE
CHIEF-OF-STAFF TO REVEREND HERBERT DAUGHTRY AND WE HAD AN
ORGANIZATION CALLED THE NATIONAL BLACK UNITED FRONT, AND WE'RE THE
RADICALS IN TOWN, BUT DENNY WAS NOT AFRAID TO MARCH WITH US ACROSS THE
BROOKLYN BRIDGE WHEN MAYOR KOCH WAS FIGHTING HIM, AND DENNY
USED TO MARCH WITH US ALL THE TIME. THEN ALL THE BLACK LEADERS GOT
TOGETHER IN NEW YORK AND DECIDED THAT WE WOULD GET RID OF ED KOCH.
THAT HE HAD TO HAVE SOME OPPONENT. SO MOST OF THE PEOPLE THAT WERE
GATHERED, THEY WERE VOTING FOR HERMAN BADILLO AND IT LOOKED AS THOUGH
HERMAN BADILLO WAS GOING TO BE THE CANDIDATE AGAINST MAYOR KOCH.
AND THEN AT THE LAST MINUTE, CHARLIE RANGEL, PERCY SUTTON, BASIL
PATERSON AND DAVID DINKINS DECIDED HERMAN "DENNY" FARRELL SHOULD
BE THE CANDIDATE. IT SHOOK UP THE WHOLE CITY. THE PEOPLE WERE SITTING
AROUND AND TRYING TO FIGURE OUT WHAT HAPPENED AND I REMEMBER THE
VOTE VIVIDLY, IT WAS 28-14 IN FAVOR OF DENNY FARRELL. A LOT OF THE
LEADERS ABANDONED HIM. THEY GOT UPSET BECAUSE EVERYBODY CUT THEIR
LITTLE PRIVATE DEALS AND DENNY JUST SHOOK EVERYTHING UP.
BUT THAT'S WHEN I GOT CLOSE TO HERMAN FARRELL III (SIC).
WE GOT VERY CLOSE BECAUSE ME AND REVEREND DAUGHTRY STUCK WITH HIM
AND WE DECIDED THAT THAT'S WHAT THE DEMOCRATIC PROCESS SAID AND WE
WOULD STICK WITH HIM. AND SO WE STUCK WITH HIM. WE WENT INTO
CHURCHES AND WE KEPT THE CAMPAIGN GOING AND HE SAID, I WILL NEVER
FORGET YOU FOR THIS BECAUSE WHEN I NEEDED SOMEBODY TO STICK WITH ME,
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WE DID. NOW, I MUST CONFESS, WHEN WE DID GET HIM IN THE BLACK
CHURCH, I WAS TRYING TO TELL DENNY, YOU GOT TO MOVE A LITTLE BIT, MAN,
YOU CAN'T --
(LAUGHTER)
-- YOU KNOW -- IF YOU COULD JUST DO THIS ONE TIME, WE
MIGHT BE ABLE TO GET A VOTE. I KNOW YOU'RE COOL AND SLICK AND FROM
HARLEM, BUT IN THE BLACK CHURCH, YOU GOT TO BUST A MOVE, MAN.
(LAUGHTER)
SO, WE BECAME VERY CLOSE AND WHEN I GOT HERE, HE
SAID, WHATEVER YOU NEED, AND I SAID THE SAME THING FOR YOUR WIFE WHEN
SHE WAS HERE. HE LOOKED OUT FOR US. HE EVEN TOLD ME, HE SAID, I'M
GOING TO SIGN ON TO YOUR REPARATIONS BILL, BUT IT AIN'T GOING NOWHERE.
(LAUGHTER)
AND I SAID, WELL, THANKS; THANKS DENNY, BUT I
APPRECIATE THE SIGN ON.
(LAUGHTER)
AND THEN FINALLY, THIS IS GOING TO COME AS A SURPRISE TO
ALL OF YOU, I ACTUALLY -- ME AND SIMANOWITZ, WE HAD A GOOD
RELATIONSHIP. WE TOOK A REAL LIKING TO EACH OTHER. I HAVE NEVER
DISAGREED WITH SOMEBODY TOTALLY, BUT LIKED HIM, AND HE LIKED ME AND I
USED TO TURN AROUND AND HE WOULD GIVE ME A NON-VERBAL AND HE HAD A
NON-VERBAL WAY OF SPEAKING LIKE --
(LAUGHTER)
-- I KNOW YOU'RE NOT VOTING FOR THAT, RIGHT?
(LAUGHTER)
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HE WANTED TO KEEP ME IN MY RADICAL CONSISTENCY AS
MUCH AS HE DISAGREED. SO I JUST, YOU KNOW, I ACTUALLY TOOK A LIKING TO
HIM, YOU KNOW. WE HAD A VERY GOOD, RESPECTFUL RELATIONSHIP. AND SO
MAY GOD, MAY ALL OF THEM REST IN PEACE, AND I'M GLAD THAT I HAD AN
OPPORTUNITY TO CROSS BOTH THEIR PATHS.
SPEAKER HEASTIE: MR. SKOUFIS.
MR. SKOUFIS: THANK YOU, MR. SPEAKER. THIS IS THE
FIRST TIME I'M SPEAKING ON THIS RESOLUTION IN THE SIX YEARS I HAVE BEEN
HERE BECAUSE THIS IS THE FIRST TIME THAT THERE ARE NAMES ON THIS LIST THAT,
TO ME, REPRESENT MORE THAN JUST POLITICAL ACQUAINTANCES OR ASSEMBLY
ACQUAINTANCES, AND THERE ARE A NUMBER OF PEOPLE I HAVE CONSIDERED
FRIENDS.
FIRST, FRANK SKARTADOS. I CERTAINLY HAD A CONNECTION
WITH HIM AS A NEIGHBORING ASSEMBLYMAN. I HAD A CONNECTION WITH
HIM AS A FELLOW GREEK-AMERICAN AND THERE -- MAKE NO MISTAKE. THERE
WAS NO MORE AUTHORITATIVE VOICE ON THE ANNUAL GREEK INDEPENDENCE
DAY RESOLUTION THAN FRANK SKARTADOS. BUT MORE THAN ANYTHING ELSE, AS
HAS BEEN MENTIONED A COUPLE OF TIMES, HE WAS A GOOD, DECENT MAN. HE
REPRESENTED, HE REALLY DID, THE AMERICAN DREAM COMING HERE AS A
YOUNG MAN AND MAKING HIS WAY TO THE ASSEMBLY. AND IN MY MIND, HE
REPRESENTED, REALLY, THE PUREST FORM OF POLITICS, THE POLITICS THAT COMES
FROM ANCIENT GREECE, YOU KNOW, HIS -- HIS HOMELAND WHERE POLITICS
WAS VIEWED AS THIS NOBLE CALLING, THIS NOBLE PROFESSION AND HE
EMBODIED THAT EVERYDAY IN THE ASSEMBLY. HE WAS HERE FOR THE RIGHT
REASONS.
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THE OTHER FRIEND, MIKE SIMANOWITZ, YOU KNOW WE
WERE, IN MANY WAYS, POLITICAL POLAR OPPOSITES AND I -- AND I SUSPECT
MANY OF THE PEOPLE HERE HARDLY EVER ESCAPED HIS BITING SARCASM, BUT
HE, TOO, WAS A TRUE GENTLEMAN. HE WAS A GOOD MAN. AND I'LL SHARE
TWO, I HAD A NUMBER OF PERSONAL MOMENTS WITH HIM, I'LL SHARE TWO
THOUGHTS THAT -- THAT I STILL HAVE. FIRST, AS HAS BEEN MENTIONED MANY
TIMES, HE WAS REALLY A SIGHT IN CONFERENCE AND HE HAD THESE SORT OF
PHASES OF GRIEF AS CONFERENCES DRAGGED ON.
(LAUGHTER)
YOU KNOW, THE FIRST PHASE WAS, YOU KNOW, USUALLY AN
AUDIBLE SIGH THAT HE WOULD PURPOSELY, YOU KNOW, RIGHT INTO THE MIC HE
WOULD LET PEOPLE KNOW HE WAS STARTING TO GET UPSET. THEN THAT WAS
USUALLY FOLLOWED BY A REALLY DEEP EYE ROLL. REALLY, HE HIT MACH 5,
THOUGH, WHEN HE WOULD JUST LAY HIS HEAD INTO HIS HANDS FOR MINUTES AT
A TIME AND HIS KIPPAH WOULD START TO SLIDE DOWN HIS HEAD, HE'D ADJUST;
HE JUST COULDN'T TAKE IT ANYMORE. AND AFTER ONE PARTICULAR CONFERENCE
THAT DRAGGED ON FOR A VERY LONG TIME, YOU KNOW, HE AND I WERE WALKING
OUT AND I HAD SPOKEN IN THAT CONFERENCE AND HE MADE THE COMMENT,
YOU KNOW, SKOUFIS, YOU SPEAK WAY TOO MUCH, BUT AT LEAST MOST OF THE
TIME IT'S USUALLY SOMETHING WORTHWHILE THAT COMES OUT OF YOUR MOUTH.
THAT IS PERHAPS THE HIGHEST COMPLIMENT, GIVEN WHO IT CAME FROM, I'VE
RECEIVED IN SIX YEARS IN THE ASSEMBLY.
(LAUGHTER)
AND THE OTHER MORE SERIOUS MEMORY THAT I'LL SHARE IS
THIS TIME LAST YEAR, ACTUALLY - AND THIS CAPTURES WHO HE WAS AS A PERSON
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- AS WE ALL SIT AND STAND HERE REMEMBERING COLLEAGUES AND FORMER
COLLEAGUES WHO PASSED AWAY OVER THE PAST YEAR, IT WAS MIKE
SIMANOWITZ WHO NEVER FORGETS THE PEOPLE WHO ARE OFTEN OVERLOOKED
AND WHO MAY NOT -- MAY NOT BE REMEMBERED IF NOT FOR HIM. HE GETS
UP AND REMEMBERS THE STAFF HERE IN THE ASSEMBLY WHO PASSED AWAY
WHO, OTHERWISE, AT LEAST AT THIS MOMENT WOULD HAVE GONE FORGOTTEN.
THAT'S THE KIND OF PERSON HE WAS, AND IN HIS MEMORY, LET US ALSO
REMEMBER THOSE WHO WORK HERE IN THE ASSEMBLY ON OUR BEHALF AND
WHO HAVE PASSED AWAY OVER THE PAST YEAR. THANK YOU.
SPEAKER HEASTIE: MR. BRONSON.
MR. BRONSON: THANK YOU, MR. SPEAKER. I'D LIKE
TO TALK ABOUT A NUMBER OF PEOPLE, FRANK SKARTADOS FIRST OF ALL, WHO SAT
RIGHT OVER HERE AND I THINK JOE SAID IT VERY WELL. FRANK WAS A QUIET
MAN. WE WOULD HAVE CONVERSATIONS HERE. HE WOULD TALK ABOUT ISSUES
HERE, BUT HE REALLY KEPT TO HIMSELF MOST OF THE TIME. BUT YOU COULD TELL
FROM YOUR CONVERSATIONS WITH FRANK THAT HE WAS HERE FOR ONE REASON,
AND THAT IS BECAUSE HE WANTED TO DO GOOD. HE BELIEVED THAT AMERICA
HAD OFFERED HIM OPPORTUNITIES AND HE WANTED TO MAKE SURE THAT HE
CREATED AN ENVIRONMENT WHERE THOSE OPPORTUNITIES WERE AFFORDED TO
OTHERS. SO, I REMEMBER FRANK AS THE QUIET WORKHORSE THAT HE WAS.
MIKE SIMANOWITZ. I DIDN'T KNOW MIKE THAT WELL. I
REMEMBER MIKE THROUGH HIS BODY LANGUAGE, AS WAS MENTIONED, AND I
THOUGHT HE WAS KIND OF, YOU KNOW, BECAUSE HE WOULD -- HE WOULD
SPEAK SARCASM EVERY SO OFTEN IN CONFERENCE, LIKE EVERY CONFERENCE. HE
WOULD -- HE COULD GET -- HE WAS IMPATIENT. HE'D GET FRUSTRATED, BUT I
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GARNERED TREMENDOUS RESPECT FOR TWO REASONS ABOUT MIKE. ONE, AS A
THE SPEAKER MENTIONED, YOU ALWAYS KNEW WHERE HE STOOD. AND ON
EDUCATION, WE WERE ON DIFFERENT ENDS OF THE SPECTRUM, BUT WE -- I FELT
RESPECT FROM HIM FROM MY POSITION AND I CERTAINLY RESPECTED HIM FOR
HIS POSITION. BUT I THINK IT WAS A RESOLUTION WE WERE DOING ON THE FLOOR
AND I REMEMBER HIM STANDING UP ACROSS THE WAY. AND HE TALKED
PERSONALLY ABOUT HIS ILLNESS. AND HE REMINDED US THAT BREAST CANCER
AFFLICTS MEN, TOO. AND THAT HE WANTED TO MAKE SURE THAT AS A BODY
THAT'S INVOLVED IN POLICY MAKING THAT WE REMEMBERED THAT, AND WE
REMEMBERED THAT WHATEVER DECISIONS WE MADE, WE HAD TO MAKE SURE
THAT WE INCLUDED MEN IN OUR -- OUR POLICIES THAT WOULD HELP DEAL WITH
BREAST CANCER.
DENNY FARRELL. I MET DENNY FARRELL WHEN I WAS
RUNNING FOR STATE SENATE IN 2002. HE WAS ONE OF THE FEW PEOPLE WHO
ACTUALLY SUPPORTED ME AS THE SACRIFICIAL LAMB OUT OF MONROE COUNTY.
JOE REMEMBERS THAT. AND HE ACTUALLY CAME UP TO MEET ME. HE DROVE,
I THINK HE DID HAVE THE RED MUSTANG AT THAT POINT. AND HE DIDN'T KNOW
ME FROM ANYBODY, BUT HE KNEW FROM THE PEOPLE WHO WERE SUPPORTING
ME FROM HOME THAT HE OUGHT TO BE HELPFUL. AND THEN WHEN I CAME TO
THE ASSEMBLY BOTH AS, INITIALLY AS A STAFF PERSON AND THEN AS AN
ASSEMBLYMEMBER, I KNEW THAT WHEN DENNY FARRELL STOOD UP IN
CONFERENCE AND HE WAS GOING TO MAKE A STATEMENT, IT WAS TIME TO
LISTEN. BECAUSE WITH HIS WEALTH OF KNOWLEDGE AND EXPERIENCE AND THE
FACT THAT HE WAS JUDICIOUS IN WEIGHING IN ON ISSUES THAT WE SHOULD
LISTEN TO WHAT DENNY HAD TO SAY.
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SO, DENNY, MIKE AND FRANK, I'M GOING TO MISS THEM
DEARLY, BUT LET ME TALK ABOUT A PERSONAL FRIEND OF MINE,
CONGRESSWOMAN LOUISE SLAUGHTER. LOUISE WAS A PERSON THAT DARED
GREATLY. SHE DID NOT STAND IN THE SIDELINES. SHE WAS A WOMAN SCIENTIST
WHEN WOMEN WEREN'T EXPECTED TO GO INTO SCIENCE. SHE RAN FOR OFFICE,
KNOCKED ON DOORS AND HAD PEOPLE SAY THINGS LIKE, WHO'S GOING TO TAKE
CARE OF YOUR CHILDREN. AND, LOUISE, WITH HER UPSTATE ACCENT,
KENTUCKY ACCENT, WOULD SAY, I THINK MY HUSBAND CAN HANDLE THE
CHILDREN FOR A COUPLE OF DAYS A WEEK. AND SHE ALSO BECAME A COUNTY
LEGISLATOR, WORKED HER WAY THROUGH AND BECAME THE FIRST, AND TO THIS
POINT IN HISTORY, THE ONLY FEMALE CHAIR OF CONGRESS' RULES COMMITTEE.
LOUISE BELIEVED IN EVIDENCED-BASED SCIENCE POLICY
MAKING. SHE BELIEVED THAT WE SHOULD LOOK AT FACTS WHEN WE DECIDE
POLICY DECISIONS, SOMETHING THAT IS GOING TO BE DEARLY MISSED IN
CONGRESS IN THIS CURRENT CONTEXT. SHE FOUGHT FOR WOMEN'S RIGHTS, SHE
FOUGHT FOR WORKERS' RIGHTS AND SHE FOUGHT FOR THE LGBTQ COMMUNITY
LONG BEFORE IT WAS POLITICALLY POPULAR TO DO SO. IN 1996, SHE VOTED
AGAINST DON'T ASK/DON'T TELL. SHE FOUGHT FOR ANTI-DISCRIMINATION
LEGISLATION AT THE FEDERAL LEVEL. SHE FOUGHT FOR HATE CRIMES LEGISLATION
AT THE FEDERAL LEVEL. FOR OUR LGBTQ COMMUNITY, LOUISE IS A BEACON
OF HOPE. SHE'S A BEACON OF HOPE BECAUSE SHE ALWAYS FOUGHT FOR FULL
EQUALITY FOR EVERYONE NO MATTER WHO THEY WERE OR WHO THEY LOVED.
SHE'S A BEACON OF HOPE BECAUSE SHE ALWAYS LOOKED AT WHAT IS POSSIBLE.
I REMEMBER SHE SUPPORTED ME WHEN I RAN FOR COUNTY
LEG THE FIRST TIME AND ACTUALLY HOSTED A FUNDRAISER FOR ME. PEOPLE
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HADN'T SEEN HER FOR AWHILE, AND, YOU KNOW, MOSTLY IT WAS GAY GUYS AT
THIS FUNDRAISER, AND ONE OF THE GUYS IS LOOKING AT HER, LIKE, LOUISE, YOU
LOOK MARVELOUS. SHE GRABS HIM BY THE ARM AND SHE GOES, AH HONEY,
NOTHING MONEY CAN'T BUY.
(LAUGHTER)
SO, LOUISE KNEW HOW TO CONNECT TO PEOPLE. AND ON A
PERSONAL LEVEL, ALONG WITH ASSEMBLYWOMAN SUSAN JOHN, LOUISE
CONVINCED ME TO RUN FOR THE NEW YORK STATE ASSEMBLY AND HELPED ME
TO WIN THIS SEAT. LOUISE WILL ALWAYS BE A FRIEND AND ALWAYS BE A
MENTOR TO ME. AND THOSE OF YOU FROM THE GREATER ROCHESTER AREA WILL
KNOW WHAT I MEAN WHEN I SAY I AM ANOTHER NEIGHBOR FOR LOUISE.
LOUISE, I LOVE YOU DEARLY AND I MISS YOU.
SPEAKER HEASTIE: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. AND I'D BE
REMISS IF I DIDN'T START BY PASSING ALONG MY CONDOLENCES AND THOUGHTS
TO DENNY'S FAMILY, WHO WAS AS MUCH A DISTINGUISHED GENTLEMAN AS I'VE
EVER HAD THE OPPORTUNITY TO SERVE WITH.
BUT I WANT TO TALK ABOUT TWO MEMBERS, ONE OF WHICH I
HAD THE OPPORTUNITY TO SERVE WITH, AND ONE OF WHICH WHO SERVED LONG
BEFORE ANY OF US. BUT JUST QUICKLY ABOUT MIKE SIMANOWITZ. HAVING
HAD THE PLEASURE OF SITTING OVER IN THAT SECTION (INDICATING), AND THOSE
OF US ON OUR SIDE OF THE AISLE ALWAYS ARE CURIOUS AS TO WHO GETS
SELECTED TO SIT IN THAT KIND OF, PORTION OF THE CHAMBER BECAUSE, YOU
KNOW, IS IT THE LESS IMPRESSIONABLE ON THE DEMOCRATIC SIDE OR WHAT,
BUT, YOU KNOW, MIKE SAT OVER THERE AND HAD THIS WAY ABOUT HIM OF
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OFTENTIMES WE'D BE TALKING ABOUT SOMETHING, YOU DIDN'T KNOW MIKE
WAS LISTENING, BUT THEN HE'D TURN AROUND AND MAKE A COMMENT TOWARDS
YOU. SO, WE CERTAINLY MISS HIS -- HIS SENSE OF HUMOR AND HIS
PERSONALITY IN THIS CHAMBER. AND AS A FELLOW FRUSTRATED MET FAN, I
REMEMBER ONE TIME LAST YEAR WE WERE TRYING TO ORGANIZE A GROUP OF
MEMBERS TO GO TO A GAME AND IT HAD GOTTEN INTO MAY AND THINGS HAD
GONE SOUTH LIKE THEY ARE GOING ONCE AGAIN THIS SEASON --
(LAUGHTER)
-- AND HALF THE TEAM WAS ON THE DISABLED LIST AND I WAS
TALKING TO SOMEBODY ABOUT WHETHER THEY WERE GOING TO BE ABLE TO
MAKE THE GAME AND MIKE JUST TURNED AROUND AND SAID, YOU'RE STILL
DOING THAT?
(LAUGHTER)
SO I WILL -- I WILL ALWAYS REMEMBER HIM THAT WAY OF,
HE KIND OF HAD THE PULSE OF US OVER THERE SOMETIMES AS A DEBATE WAS
DRAGGING ON. SO, MY THOUGHTS AND PRAYERS ARE WITH HIS FAMILY. I WILL
ALWAYS REMEMBER HIM FONDLY AS A FRIEND.
AND I WANT TO TALK ABOUT SOMEBODY WHO, AS I
MENTIONED, SERVED LONG BEFORE ANY OF US IN THIS CHAMBER, EVEN BEFORE,
YOU KNOW, SOME OF THE MOST -- LONGEST TENURED MEMBERS, AND THAT'S
ROBERT BLAKEMAN, WHO SERVED IN THIS CHAMBER IN THE 1960S. HE HAD
SERVED OUR COUNTRY DURING WORLD WAR II, CAME BACK HOME TO VALLEY
STREAM, SERVED AS A VILLAGE ATTORNEY THERE AND WAS INSTRUMENTAL IN
LOCAL PARKS, IN ESTABLISHING THE LOCAL LIBRARY. AND THEN HE CAME HERE TO
THE ASSEMBLY, SERVED THREE TERMS AND PERHAPS HAD HIS GREATEST IMPACT
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WHEN HE WENT BACK HOME AND, CERTAINLY, ON SOMETHING THAT CONTINUES
TO HAVE AN IMPACT ON OUR COMMUNITY TO THIS DAY, HE WAS INVOLVED IN
REALLY ESTABLISHING AND SAVING OUR LOCAL HOSPITAL SEVERAL TIMES. HE WAS
THE FIRST PRESIDENT OF FRANKLIN HOSPITAL IN 1973 WHEN HE LED A GROUP OF
INVESTORS TO TAKE WHAT HAD BEEN A, YOU KNOW, A HOSPITAL
PRIVATELY-OWNED BY A GROUP OF DOCTORS AND MAKING SURE THAT HEALTH
CARE WAS AVAILABLE IN OUR LOCAL AREA. I CERTAINLY BENEFITTED FROM THAT
GROWING UP HAVING BEEN STITCHED UP BY THE DOCTORS IN THAT HOSPITAL
MANY TIMES. AND THEN IN THE '90S WHEN THAT HOSPITAL WAS AGAIN ON
SHAKY GROUND, HE REALLY LED A GROUP OF PEOPLE TO SAVE IT, MAKE SURE IT
WOULD BE THERE FOR THE NEXT GENERATION AND HELP NEGOTIATE ITS TRANSFER
TO WHAT'S NOW NORTHWELL, WHAT WAS THEN NORTH SHORE LIJ AND BECAUSE
OF THAT, ACTUALLY THE STREET ADJACENT TO THE HOSPITAL IS CALLED BLAKEMAN
DRIVE TODAY. SO, I'M THANKFUL FOR THAT CONTRIBUTION THAT HE MADE TO OUR
LOCAL COMMUNITY THAT IS NOW A THRIVING MEDICAL INSTITUTION NOW -- NOW
KNOWN AS -- AS LIJ VALLEY STREAM. AND GENERATIONS OF LOCAL RESIDENTS
HAVE QUALITY HEALTH CARE IN THEIR COMMUNITY BECAUSE OF THE WORK OF
ROBERT BLAKEMAN.
SO, I WANTED TO ADD MY VOICE TODAY TO REMEMBER OUR
-- OUR COLLEAGUES WHO SERVED IN THIS CHAMBER BEFORE US. THEIR WORK
HERE IS CERTAINLY NEVER FORGOTTEN AND IT LIVES ON THROUGH EACH AND EVERY
ONE OF US. THANK YOU.
SPEAKER HEASTIE: MR. OAKS.
MR. OAKS: THANK YOU, MR. SPEAKER. I HAD A
CHANCE TO SERVE WITH A NUMBER OF MEMBERS WHO ARE ON THIS RESOLUTION,
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BUT I WANTED TO JUST SPEND A MOMENT OR TWO TO TALKING ABOUT DENNY
FARRELL AND HIS IMPACT ON ME AND, I THINK, MANY WHO ARE HERE TODAY.
OBVIOUSLY, HE WAS AN ICON IN NEW YORK POLITICS AND I
THINK OF HIS STATURE, HIS COMMITMENT TO THE PEOPLE HE REPRESENTED AND
HIS POLITICAL SAVVY; HE REALLY DID STAND ABOVE THE CROWD IN SO MANY
DIFFERENT WAYS. AND I WAS HERE WHEN HE WAS APPOINTED -- FIRST
APPOINTED TO THE -- AS THE WAYS AND MEANS CHAIR SO, FOR MANY OF THOSE
YEARS, I OBSERVED HIM IN THAT POSITION AND HOW HE HANDLED IT. BUT I
TRULY APPRECIATED HIS STYLE AND HIS PERSPECTIVES AS A MEMBER AND AS
SOMEONE THAT I HAD A CHANCE TO INTERACT WITH. I NEVER SAW, THAT I
REMEMBER, THE AFRO, BUT THE PONYTAIL OR WHATEVER HAIRSTYLE WAS ALWAYS
ACCOMPANIED BY THE BEST DRESSED GUY IN THE PLACE. AND SO, YOU
COULDN'T HELP BUT -- MY FAMILY AND YOUNG KIDS, WHOSE THAT GUY?
BECAUSE AMONG US, AGAIN, HE -- HE ALWAYS STOOD OUT.
I'M SO PLEASED THAT HE DIDN'T WANT IT, BUT I KNOW YOU,
MR. SPEAKER, MR. MORELLE, AND PERHAPS OTHERS PUSHED TO HONOR HIM
LAST YEAR AND SO WHEN HE WAS AMONG US, WE COULD STAND AND SAY SOME
OF THE THINGS AND NOT JUST LIMIT IT HERE. AND SO TO HIS FAMILY AND -- AND
WHATEVER, MANY OF US SAID SOME POSITIVE THINGS THAT DAY, BUT DENNY,
AGAIN, SO PLEASED THAT WE DID THAT AND I KNOW AS MEMBERS ON THIS SIDE
OF THE AISLE, WE DIDN'T ALWAYS GET THE RESPONSES WE WERE LOOKING FOR --
(LAUGHTER)
-- BUT I KNOW LEADER KOLB AND OUR ENTIRE CONFERENCE
HAD A DEEP APPRECIATION AND RESPECT FOR HIM AND HOW HE CARRIED
HIMSELF.
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IT'S INTERESTING, IN THE BUDGET HEARINGS, I CLEARLY FELT
LIKE I WAS ON THE SAME TEAM. WE WERE NEXT TO EACH OTHER AND A LOT OF
IT IS, HOW DO YOU GET THROUGH THIS AND STILL ALLOW PEOPLE TO BE HEARD
WITHOUT IT BEING 11:00 AT NIGHT WHEN YOU GET OUT OF IT. AND SO,
WORKING ON THE SAME TEAM, I WISH I HAD A CHANCE TO DO THAT MORE
BECAUSE OFTENTIMES WE WERE PITTED A BIT; HE DOING HIS JOB, ME DOING
MINE, WHETHER AT THE COMMITTEE LEVEL OR, OBVIOUSLY, ON THE FLOOR. BUT,
AGAIN, DENNY ALWAYS CARRIED HIMSELF SO POSITIVELY. DURING THOSE
DEBATES, THERE WERE OPPORTUNITIES -- OR THE BUDGET HEARINGS, THERE WERE
MANY OPPORTUNITIES OF DOWN-TIME WAITING FOR THE NEXT PERSON TO COME
OR WHATEVER, SO DISCUSSIONS WOULD YOU GO INTO FAMILY, IMPORTANCE OF
ISSUES AND SOMETIMES I FOUND I MIGHT SUPPORT SOME OF THE ISSUES I
THOUGHT HE DID, AND HE MIGHT SUPPORT SOME OF THE ISSUES HE THOUGHT I
MIGHT MORE THAN, YOU KNOW, IT WAS ALWAYS WITH HIS HAND OVER THE MIC,
HOWEVER...
BUT, DENNY, AGAIN, HE FROM BIG CITY USA, ME FROM
SMALL TOWN USA, FOUND MANY THINGS IN COMMON. I HAD -- I'LL JUST SAY
ONE QUICK THING. I HAD WHAT I THOUGHT WAS GOING TO BE A LOCAL BILL. I
HAD SUCH A COMPLEX ISSUE AND A PERSON DISTRAUGHT OVER IT AND THERE WAS
NO WAY TO SOLVE IT. AND IT'S SOLVED TODAY BECAUSE DENNY FARRELL SAYS,
I'LL GO AND HELP, YOU KNOW, MAKE THAT HAPPEN. AND IT ENDED UP NOT
TAKING A LOCAL BILL, BUT IT HAPPENED AND THE SOLUTION THAT A PERSON
LITERALLY WAS, YOU KNOW, WENT ON FOR YEARS BEING DISTRAUGHT OVER WAS
FINALLY SOLVED. I HAD A CHANCE TO TALK TO HIM AS WE WERE DOING THE
BUDGET HEARINGS, AS WE PASSED THE BUDGET AND I PLANNED ON TALKING TO
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HIM ABOUT RETIREMENT. THAT DIDN'T HAPPEN, BUT I KNOW ALL OF US
APPRECIATE THE LIFE HE LED, HOW MUCH HE GAVE HERE, HOW MUCH HE TOOK
AWAY FROM YOU TO GIVE US HERE, BUT, AGAIN, NEW YORK STATE IS A BETTER
STATE FOR HIS SERVICE. THANK YOU.
SPEAKER HEASTIE: MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I KNEW
MOST OF THE NAMES ON THE LIST THROUGH MY FAMILY THROUGH MY LATE
FATHER, SAUL WEPRIN, AND, OF COURSE, I SERVED WITH FRANK SKARTADOS AS
WAS SAID. HE WAS IN POLITICS AND IN THIS JOB FOR THE RIGHT REASONS. BUT
I WANT TO TALK ABOUT TWO OF OUR FORMER COLLEAGUES. FIRST, MIKE
SIMANOWITZ, WHO I'VE -- KNEW FOR OVER 25 YEARS, FIRST I GUESS WHEN HE
WAS WORKING AS CHIEF-OF-STAFF TO FORMER ASSEMBLYMEMBER NETTIE
MAYERSOHN FOR ALMOST 20 YEARS, I THINK. AND MIKE WOULD ALWAYS SAY
THAT HE HAD A DIFFERENT PERSPECTIVE AS AN ASSEMBLYMEMBER HAVING
SERVED AS A CHIEF-OF-STAFF AND A STAFFER BEFORE THAT, BECAUSE HE HAD --
HE WAS DOWN-TO-EARTH AND HAD A SENSE OF REALITY AND, AS MANY PEOPLE
HAVE SAID, HE DIDN'T TAKE HIMSELF TOO SERIOUSLY AND, OF COURSE, AT ONE
POINT BEFORE MIKE WAS CHAIR OF OUR CONFERENCE, I WAS SECRETARY TO THE
CONFERENCE AS MANY OF YOU MAY REMEMBER, AND I WAS IN CHARGE OF
TRYING TO CUT PEOPLE OFF AND I OFTEN HAD TROUBLE DOING THAT, BUT MIKE
SIMANOWITZ WAS THERE AS -- AS A MEMBER OF THE CONFERENCE HOLDING UP
THE SIGN BEFORE I DID TO MOVE IT ALONG. AND, OF COURSE, MIKE DIDN'T
SPEAK ON EVERY ISSUE, BUT WHEN HE DID SPEAK ON AN ISSUE, PEOPLE
LISTENED. HE DID IT WITH GREAT INTELLIGENCE AND, OF COURSE, AS WE ALL
KNOW, WITH GREAT WIT AND HUMOR AND, AS WAS SAID, HE DOESN'T -- HE
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DIDN'T TAKE HIMSELF TOO SERIOUSLY AND HE MADE US ALL REALIZE THAT WE
SHOULDN'T TAKE OURSELVES TOO SERIOUSLY.
THE OTHER FORMER MEMBER I WANT TO TALK ABOUT, OF
COURSE, IS HERMAN "DENNY" FARRELL WHO I KNEW IN MANY, MANY
DIFFERENT CAPACITIES. I KNEW HIM AS A COLLEGE STUDENT. I WAS A SUNY
ALBANY STUDENT IN THE '70S. I GRADUATED IN 1977 AND DENNY HAD COME
IN AS A NEW MEMBER AND, AS WAS SAID, MY FATHER WAS A COLLEAGUE OF HIS
AND I WAS KIND OF SHOCKED TO REALIZE THAT MY FATHER WAS ONLY FOUR YEARS
OLDER THAN DENNY, BUT HE COULD HAVE BEEN A GENERATION BECAUSE DENNY
WAS THE COOLEST FOR A COLLEGE KID, A YOUNG COLLEGE KID INTERESTED IN
POLITICS WHOSE FATHER WAS IN THE ASSEMBLY, AND I WAS SO IMPRESSED
WITH DENNY. DENNY, YOU KNOW, WAS THE COOLEST, AS WAS MENTIONED;
THE HAIR, THE DRESS, THE CAR. HE WAS EVERY COLLEGE STUDENT'S DREAM AND,
OF COURSE, I GREW UP IN -- IN POLITICS AND I LOVE POLITICS AND I LEARNED SO
MUCH FROM DENNY. AS A MATTER OF FACT, WHEN I SERVED IN THE CITY
COUNCIL AND -- AND IN MY DISTRICT OFFICE IN THE ASSEMBLY, I MODELED
MYSELF AFTER DENNY'S WALL-OF-FAME, WHERE DENNY WOULD HAVE HIS
PHOTOS IN A COLLAGE ON THE WALL AND I WAS IN HIS OFFICE MANY TIMES AND
IF YOU COME TO MY DISTRICT OFFICE IN QUEENS, I FOLLOWED THAT MODEL. I
HAVE ABOUT FOUR WALLS OF PHOTOS. AND WHAT PEOPLE LOVE ABOUT THOSE
PHOTOS IS THE DIFFERENT INCARNATIONS OF HOW YOU LOOKED AND, OF COURSE,
HOW DENNY LOOKED OVER THE YEARS WITH SO MANY, YOU KNOW, FAMOUS
PEOPLE.
AND I REMEMBER, YOU KNOW, THERE WAS THAT IMAGE AS A
COLLEGE KID WITH DENNY, BUT THEN I ALSO WAS DEPUTY IN THE BANKING
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DEPARTMENT UNDER MARIO CUOMO AND DENNY WAS CHAIRMAN OF THE
BANKS COMMITTEE AND I ACTUALLY WORKED WITH HIM ON LEGISLATION BACK
THEN. HE WAS STILL THE COOLEST, BUT I -- BUT WE OBVIOUSLY, WE WORKED ON
SERIOUS ISSUES AND THEN IT WAS A GREAT PLEASURE TO CONSULT DENNY KIND
OF AS A MENTOR WHEN I FIRST RAN FOR THE CITY COUNCIL IN 2001 AND THEN
WHEN I WAS CONTEMPLATING RUNNING FOR MY BROTHER'S SEAT AND MY
FATHER'S SEAT IN 2010. AND I CONSULTED DENNY AND DENNY WAS REALLY,
GAVE SO MUCH GOOD ADVICE AND, OF COURSE, HE WAS -- HE WAS SUCH A
POLITICAL ICON, BUT WHAT I MOST REMEMBER - AND I'LL CLOSE WITH THIS -
DENNY, OF COURSE, WORE MANY HATS. HE WAS CHAIRMAN OF THE NEW
YORK COUNTY DEMOCRATIC COMMITTEE. HE WAS NEW YORK STATE
DEMOCRATIC CHAIR AND HE WAS CHAIRMAN OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE. SO, EVERY TIME AT THAT PERIOD WHEN HE HAD ALL THREE
OF THOSE TITLES I'D ALWAYS SAY TO HIM, HELLO, MR. CHAIRMAN, MR.
CHAIRMAN, MR. CHAIRMAN. AND, OF COURSE, HE ALWAYS TOOK IT IN GOOD
SPIRIT. SO I'LL CLOSE WITH THIS: REST IN PEACE, MR. CHAIRMAN.
SPEAKER HEASTIE: MR. AUBRY.
MR. AUBRY: THANK YOU, MR. SPEAKER. TO BOTH
FAMILIES, IT IS OUR HONOR THAT YOU JOIN US HERE TODAY. TO THE YOUNGENS,
IT IS OCCASIONS LIKE THIS THAT HAVE MADE ME ADMIRE AND LOVE THIS
INSTITUTION, BECAUSE WE HAVE THE OPPORTUNITY TO STOP THE INDIVIDUALNESS
THAT WE ALL ARE, THE 150 EGOS THAT OPERATE HERE, AND TO PAUSE FOR THAT
MOMENT TO TALK ABOUT PEOPLE WHO HAVE TOUCHED US.
YOU REMEMBER THINGS THAT STAY IN YOUR MEMORY. FOR
ME, FOR MICHAEL SIMANOWITZ, IT WOULD BE RESOLUTIONS. NOW, IF YOU PAY
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ANY ATTENTION TO RESOLUTIONS AS WE START THE DAY - MOST OF YOU DON'T
BECAUSE YOU'RE ON CELL PHONES AND TALKING AND DOING THOSE THINGS - BUT
WE WILL CALL OUT A RESOLUTION: "ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE;
THOSE OPPOSED SAY NO." WHO WOULD SAY NO?
(LAUGHTER)
MIKE SIMANOWITZ WOULD SAY NO INVARIABLY, DON'T
MATTER WHAT IT WAS, BECAUSE HE THOUGHT THAT RESOLUTIONS WERE A WASTE
OF TIME.
(LAUGHTER)
AND I WOULD ALWAYS GIVE HIM A GLARE. IT DIDN'T MATTER
TO HIM, BECAUSE HE UNDERSTOOD THE HUMOR THAT HE DID IT WITH AND THE
WAY IN WHICH HE OPERATED. AN INCREDIBLE GENTLEMAN, SO MUCH HAS
BEEN SAID ABOUT HIM, LIVING THE DREAM, ALL OF THOSE THINGS. HE WAS A
PART OF THIS INSTITUTION IN MANY WAYS THAT SOME OF US WEREN'T, BECAUSE
HE WORKED HERE, HE WAS AN INTERN HERE, HE SERVED HERE AND HE CAME TO
BE A MEMBER HERE. A REMARKABLE COMMITMENT TO A PLACE THAT IS SO
UNIQUE. I OFTEN COME IN IN THE MORNING AND HE'S HERE AND SO - ONE OR
TWO OTHERS - AND LOOK UP, JUST AS I'M SURE HE DOES, AND SAY, WHAT A
PLACE TO COME TO WORK TO, NOT ONLY JUST PHYSICALLY, BUT WHAT WE DO AND
WHO WE ARE TO EACH OTHER. AND SO, HIS SPIRIT WILL ALWAYS BE IN THIS
INSTITUTION, IN THIS PLACE FOR ME.
DENNY FARRELL. SO, WE WERE A PART OF THE TALL GUYS
CLUB, RIGHT.
(LAUGHTER)
DE BLASIO AND WE WOULD TAKE PICTURES TOGETHER,
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EVERYBODY STRAINING TO SEE WHOSE TALLER THAN WHO, BUT NO ONE MORE
SHARP, NO ONE MORE POISED, NO ONE MORE SKILLED THAN DENNY FARRELL.
FOR ME, 20 SOMETHING YEARS AGO, DENNY WAS HERE
WHEN I CAME AND HE SET A STANDARD FOR ME ABOUT HOW TO CARRY YOURSELF,
THE ISSUES YOU SHOULD CARE ABOUT, PAYING ATTENTION TO DETAIL. YOU
KNOW, DENNY, WE LIVE IN A DIFFERENT ERA NOW THAN WHEN DENNY DID, I'M
SURE, AND WE HAVE ALL OF THESE INSTRUMENTS OF INFORMATION THAT FLOW TO
US. BUT WHEN I CAME, THERE WAS NO INSTRUMENTS OF INFORMATION THAT
YOU HAD SO YOU SAT AND YOU LISTENED AND YOU LEARNED. AND SO, SITTING
AT DENNY'S FEET AS A PART OF THAT PROCESS, CAN'T NOT THINK OF KEITH
WRIGHT AND I AND MY GOOD FRIEND, GARY PRETLOW, THE THREE OF US
LEARNING FROM DENNY IN MANY DIFFERENT WAYS.
AND ONE OF THE THINGS THAT YOU -- PEOPLE WAS
MENTIONED BEFORE, CERTAINLY AT THE FUNERAL, WAS DENNY'S COMMITMENT
TO THE BLACK AND PUERTO RICAN CAUCUS, AND THE WORK THAT HE DID TO
ENSURE THAT WE STAYED ALIVE, AND THE WORK THAT HE DID TO ENSURE THAT
THERE WAS STABILITY IN THE ORGANIZATION AND TIME, BECAUSE WE DID COME
FROM ALL KINDS OF DIFFERENT WALKS OF LIFE, FROM DIFFERENT PARTS OF THE
STATE, THE ARTHUR EVES SIDE, THE, YOU KNOW, HARLEM SIDE, THE BROOKLYN
SIDE, THE QUEENS SIDE; WE ALL CAME FROM DIFFERENT PLACES, BUT
UNDERSTOOD THAT WE HAD A COMMON PURPOSE AND THAT AS WE TOOK
DIFFERENT SHADES OF THE ISSUES, THAT WE WERE REMINDED, BY DENNY,
OFTENTIMES, THAT THEY WAS BUT ONE UNIFYING PURPOSE THAT WE WERE HERE
TO DO, WHICH WAS TO EXPAND THAT OPPORTUNITY. AND DENNY WORKED
TIRELESSLY TO DO THAT IN HIS WAY, PARTICULARLY IN THE FINANCIAL FIELD.
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MANY OF US -- MANY FOLKS NOW ARE VERY MUCH ABOUT,
YOU KNOW, THE EXPANSION OF THE MINORITY- AND WOMEN-OWNED
BUSINESSES. DENNY REALLY TOOK THAT ON AND PASSED THAT ALONG. AND HE
WOULD PASS IT ON IN DIFFERENT WAYS IN THE FINANCIAL FIELD WHICH, MANY
OF US AT THE TIME, NEVER EVEN THOUGHT ABOUT, AFRICAN-AMERICANS IN THE
FINANCIAL FIELD TALKING ABOUT BEING ON WALL STREET. WE WERE TRYING TO
GET JOBS IN THE GROCERY STORES AND DENNY HAD ALREADY SEEN WHERE THE
WORLD WAS GOING AND WHAT WE COULD DO. AND SO MANY PEOPLE,
PARTICULARLY STAFF PEOPLE, DENNY MOVED ON, HE NURTURED. HE TAUGHT US
HOW TO DO THAT, TO NURTURE THEM, TO MOVE THEM DOWN THE LINE, THAT THAT
WAS HOW YOU GREW A NEIGHBORHOOD OR COMMUNITY AND, ULTIMATELY, A
STATE BECAUSE THE DIVERSITY OF WHO WE ARE TODAY IS BECAUSE OF THE WORK
IN THOSE FIELDS WHAT WE DO.
AND SO, IT WAS VERY HARD TO SAY GOODBYE TO DENNY. I
WILL ALWAYS REMEMBER WHEN I GOT ON WAYS AND MEANS - WHICH WASN'T
EARLY IN MY CAREER, IT CAME LATER - HOW DENNY WAS INTRODUCED BY
WAYNE JACKSON. SO, IF EVER THERE WAS ROYALTY, WAYNE MADE YOU
UNDERSTAND THE ROYALTY THAT DENNY WAS BECAUSE THE CHAIRMAN WAS
COMING IN THE ROOM. AND DENNY WOULD REMIND YOU THAT THAT BOTTLE OF
SCOTCH WAS DUE ONCE YOU GOT ON THE -- ON THE WAYS AND MEANS.
(LAUGHTER)
I DON'T KNOW WHAT BOTTLE HELENE WILL REQUIRE --
(LAUGHTER)
-- BUT, AND I DON'T KNOW THAT ANYBODY EVER ACTUALLY
GAVE DENNY A BOTTLE, BUT HE ALWAYS LAID THAT OUT. WHAT A REMARKABLE
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MAN. WHAT A TRULY REMARKABLE MAN. AND, OF COURSE, TODAY WE HAVE
MANY YOUNG PEOPLE WHO COME AND SHARE WITH US, BUT MAYBE DENNY
WAS THE FIRST TO REALLY INSTITUTIONALIZE IT. SO, SOPHIA, BEING A PART OF
OUR WORLD, COMING SO THAT WE SAW HER ON A FAIRLY REGULAR BASIS, SO WE
UNDERSTOOD THAT THAT WAS NEW, THAT WAS A WAY TO GROW. MR. SPEAKER,
CERTAINLY YOU TOOK ADVANTAGE OF THAT AND MANY OTHERS NOW FEEL NO
PROBLEM IN BRINGING THAT EXPERIENCE TO THIS PLACE, WHICH MAKES US
BETTER.
I SHARED WITH OTHER MEMBERS, BRIAN MURTAUGH AND SO
MANY, AND MAURICE HINCHEY, ALSO, BUT IT IS A SENSE OF THIS PLACE THAT
WE TRANSCEND OUR POLITICS AT A BASE LEVEL AND UNDERSTAND OUR HUMANITY
AND BECAUSE WE DO THAT, WE MAKE BETTER LAWS, WE MAKE THIS STATE
STRONGER. THANK GOD FOR DENNY AND MIKE.
SPEAKER HEASTIE: MR. CRESPO.
MR. CRESPO: THANK YOU, MR. SPEAKER. FRANK
SKARTADOS WAS SOMEBODY THAT I WISH I WOULD HAVE SPENT MORE TIME
TALKING TO, BUT I'LL NEVER FORGET HOW PASSIONATE HE ALWAYS WAS ON THOSE
OCCASIONS WHERE HE WOULD OPEN UP AND JUST KIND OF HAVE A LOT TO SAY,
BUT HE WOULD TALK ABOUT THE PRIDE OF HIS HERITAGE AND THIS CONVERSATION
OFTEN CAME UP WHENEVER I WOULD TALK ABOUT PUERTO RICO OR BEING
LATINO, AND HE WOULD -- HE WOULD TALK ABOUT HIS HERITAGE AND HOW
PROUD HE WAS, AND -- AND HE'S SOMEONE THAT I'LL MISS EVEN THOUGH I -- I
ACKNOWLEDGE AND REGRET THAT I DIDN'T GET A CHANCE TO SPEND MORE TIME
WITH.
MIKE SIMANOWITZ, SOMEONE I HAD SO MUCH IN
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COMMON WITH ON OUR VIEWS, ON EDUCATION IN PARTICULAR. WE WOULD
TALK A LOT, YOU KNOW, THE FACT THAT WE WERE STAFFERS AND BECAME
MEMBERS AND JUST, WE WOULD TALK ABOUT OUR FAMILY ALL OF THE TIME. HE
WOULD TALK ABOUT HIS KIDS AND I WOULD TALK ABOUT MINE. WE OFTEN
VENTED ABOUT THE COST OF TUITION AND -- AND THE TWO THINGS THAT WE
WOULD OFTEN VENT TO EACH OTHER ABOUT WERE PAY RAISES AND THE METS. I
CAN'T IMAGINE WHICH WE'LL GET FIRST, A CHAMPIONSHIP OR A PAY RAISE --
(LAUGHTER)
SPEAKER HEASTIE: PAY RAISE.
(LAUGHTER/APPLAUSE)
MR. CRESPO: MIKE, IF YOU'RE UP THERE, THE METS
COULD REALLY USE AN ANGEL IN THE OUTFIELD, IN THE DUGOUT AND ON THE
MOUND. SO, DO WHAT YOU CAN, BUDDY.
BUT HIS -- HIS SENSE OF HUMOR, HIS HONESTY, HIS -- JUST
HIS, JUST HIS PRESENCE, MIKE WAS SOMEBODY THAT I -- I REALLY CAME TO
LOVE. AND I WANTED TO APOLOGIZE TO HIS FAMILY THAT I NEVER MADE IT TO
THE SHIVA, BUT I WANT TO TAKE THIS OPPORTUNITY TO TELL YOU THAT MANY OF
US REALLY LOVED MIKE FOR -- FOR THE GENTLEMAN THAT HE WAS. AND I CAN
TELL YOU THAT ON EVERY CONVERSATION THAT WE HAD, HE WOULD TALK ABOUT
EACH AND EVERY ONE OF YOU AND THAT PASSION FOR FAMILY IS SOMETHING WE
SHARED AND SO I'LL MISS HIM DEARLY.
AND, DENNY, A LOT HAS BEEN SAID AND -- AND I THINK AT
THE FUNERAL IT WAS QUITE IMPACTFUL TO HEAR SO MANY STORIES ABOUT HIM,
BUT SOMETHING VERY SIMPLE. WHILE DENNY TRULY WAS AND IS AN ICONIC
FIGURE POLITICALLY AND IN THE INSTITUTION, IT WAS SOMETIMES THE LITTLE
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THINGS THAT HE DID THAT MADE THE BIGGEST IMPACT, AND I'LL NEVER FORGET
WHEN I GOT ELECTED, IT MAY NOT SEEM LIKE IT NOW, BUT I WAS VERY SHY AND
AFRAID TO SPEAK, THOSE DAYS.
(LAUGHTER)
AND YOU CAN BLAME HIM FOR ENCOURAGING ME TO SPEAK
OUT. YOU CAN THANK MIKE SIMANOWITZ FOR SCARING ME INTO STAYING
QUIET.
(LAUGHTER)
BUT, DENNY, I'LL REMEMBER THIS LIKE IT WAS YESTERDAY,
AND I MENTIONED THIS STORY TO -- TO ASSEMBLYMAN TAYLOR THAT ONE DAY
EARLY, MY FIRST YEAR, VANESSA GIBSON AND I GOT UP IN CONFERENCE QUITE
A BIT. ACTUALLY, IT WAS ONE OF THOSE LONG CONFERENCES ON THE BUDGET,
THERE WERE SO MANY ISSUES THAT WERE IMPORTANT TO US AND I REALIZED, I
WAS THINKING TO MYSELF IN CONFERENCE, LIKE, I'M GETTING UP, THIS IS THE, I
THINK, THE SECOND OR THIRD TIME IN THIS LONG DAY AND I DON'T WANT TO
CREATE THAT IMPRESSION ON MEMBERS, BUT I REALLY FEEL LIKE I NEED TO SAY
THIS, AND I WAS KIND OF TALKING TO MYSELF AND WONDERING IF I WAS DOING
THE RIGHT THING OR I WAS CLOSING THE BAD IMPRESSION, AND ON MY WAY OUT
OF CONFERENCE, THE CONFERENCE ROOM, DENNY PULLED ME ASIDE AND
SAYS, I WANT TO TELL YOU SOMETHING, AND I'LL NEVER FORGET THIS, HE SAID,
YOU KNOW SOMETHING? I WAS LISTENING TO YOU AND VANESSA AND YOU
MAKE ME SO PROUD TO WATCH YOUNG PEOPLE REMIND ME OF ME AND SOME
OF THE GUYS BACK IN THE DAYS AND THOSE MEMBERS WHO -- WHO STARTED A
MOVEMENT TO CHANGE DYNAMICS IN OUR COMMUNITY. YOU GUYS, I CAN SEE
A LOT OF US IN YOU. AND I'VE GOT TO TELL YOU, I'VE BEEN, YOU KNOW, OVER
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THE YEARS A LOT OF GREAT EXPERIENCES, BUT THAT MOMENT VALIDATED SO
MUCH FOR ME.
AND -- AND I GOT TO TELL THE FAMILY, FOR ME PERSONALLY,
EVERY TIME I SPEAK, I WONDER, AM I MAKING DENNY PROUD? AM I SAYING
SOMETHING THAT WOULD MAKE HIM PROUD? AND WHETHER HE'S HERE OR NOT,
I WILL MEASURE EVERYTHING I DO WITH THAT STICK, TO KNOW THAT WHETHER OR
NOT I CAN -- I CAN MEET HIS EXPECTATIONS FOR WHAT OUR GENERATION MEANS.
AND I SAY THAT BECAUSE DENNY WAS ALWAYS WILLING TO MENTOR. IT WAS
THOSE LITTLE CONVERSATIONS IN THE LOUNGE OR IN THE HALLWAY AND HE
ALWAYS HAD SOMETHING JUST IMPORTANT TO SAY, AND IT MEANT SOMETHING.
IT'S LIKE IN CHURCH WHEN THE PREACHER SAYS SOMETHING AND YOU REALIZE,
HE'S SPEAKING TO ME. WELL, DENNY ALWAYS KNEW WHAT TO SAY AND, YOU
KNOW, WHEN I BECAME THE COUNTY CHAIR WHILE YOU, MR. SPEAKER, TRIED
TO MAKE ME THINK IT WAS A GOOD IDEA, IT WAS DENNY FARRELL WHO FIRST
OFFERED HIS CONDOLENCES FOR THE JOB.
(LAUGHTER)
AND EVERY STEP OF THE WAY AT EVERY TURN, HE WOULD
ALWAYS TAKE THE TIME TO ENCOURAGE ME AND I BRING THAT UP BECAUSE AS
WE HONOR AND CELEBRATE THE LIVES AND THE LEGACY OF SO MANY GREAT
COLLEAGUES, WE SHOULD NOT ONLY REMEMBER THEM IN THE OCCASIONS LIKE
THIS OR IN THE ONE DAY OF THE MEMORIAL, BUT REALLY, WE NEED TO TAKE
THOSE LESSONS INTO OUR EVERYDAY DISCOURSE AND -- AND EXCHANGE AND IN
OUR COLLEGIALITY AND THE MENTORSHIP THAT IS SO IMPORTANT. WE TALK QUITE
A BIT ABOUT THE CHANGE, THE GENERATIONAL CHANGE IN OUR CHAMBER, AND
DENNY REALLY BELIEVED IN THE INSTITUTION AND MAKING SURE THAT THE
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INSTITUTION OF THE ASSEMBLY FUNCTIONED THE WAY IT SHOULD AND THAT WE
RESPECT EACH OTHER AND RESPECT SENIORITY AND DO THE THINGS THAT REALLY
MAKES THIS ALL WORK.
AND SO I SAY THAT BECAUSE IN THE SAME WAY THAT DENNY
WAS ALWAYS WILLING TO OFFER A WORD OF MENTORSHIP, LET US NOT FORGET THAT
AND LET'S MAKE SURE THAT WE LOOK OUT FOR EACH OTHER. OUR -- OUR -- OUR
-- OUR COLLECTIVE SUCCESS, NOT JUST OUR INDIVIDUAL AMBITIONS, BUT OUR
COLLECTIVE SUCCESS IS THE VERY THING THAT MAKES THIS INSTITUTION THE
PEOPLE'S HOUSE AND THE THING THAT MAKES AN IMPACT IN NEW YORKERS'
LIVES. AND SO TO THE FAMILY AND TO ALL THOSE THAT WE'VE LOST, WE HONOR
AND CELEBRATE YOUR LIFE AND TO DENNY AND MIKE, I APPRECIATE YOU, I
THANK YOU AND I LOVE YOU AND I KNOW THAT YOUR MEMORY WILL STAY WITH
ME, AND I HOPE THAT IT CHANGES THE WAY WE TREAT EACH OTHER FOR THE
BETTER. THANK YOU.
SPEAKER HEASTIE: MR. LENTOL.
MR. LENTOL: THANK YOU, MR. SPEAKER. SO, I HAVE
TO -- I HAVE TO SAY THAT THIS IS VERY DIFFICULT BECAUSE I'VE BEEN HERE A
LONG TIME AND ALMOST EVERYBODY ON THIS LIST, MR. SPEAKER, I HAVE
SERVED WITH. AND IT'S VERY HARD FOR ME TO SAY EVERYTHING I WANT TO SAY
ABOUT ALL OF THEM, EVEN THOUGH I LIKE THAT YOU HAVE THEM ALL IN ONE
RESOLUTION AND THE MEMORIAL MASSES FOR ALL OF THEM TOMORROW, IT
MAKES IT DIFFICULT PROBABLY ONLY FOR ME AND MR. GOTTFRIED.
BUT NEVERTHELESS, I HAVE TO -- I HAVE TO TELL YOU THAT
WHAT I HAVE IN COMMON WITH MOST OF MY COLLEAGUES WHO HAVE SPOKEN
ALREADY IS THAT WHAT GOES ON IN THIS PLACE, I CAN TELL YOU THAT I LOVED
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THEM ALL. ALL OF THE NAMES ON THE LIST I REMEMBER VERY FONDLY, EVEN IF
I HATED THEM AT THAT TIME.
(LAUGHTER)
SO, I'M NOT GOING TO -- I'M NOT GOING TO SPEAK VERY
LONG. I JUST WANT TO SPEAK ABOUT THE FOLKS WHOSE FAMILIES ARE HERE
TODAY AND HOW -- HOW MUCH I FELT ABOUT THEM. AND MICHAEL, I KNOW
WHY -- MR. SIMANOWITZ, MICHAEL SIMANOWITZ ALWAYS TALKED ABOUT
LIVING THE DREAM, BECAUSE I MAY BE THE ONLY ONE WHO REMEMBERS THAT
HE WAS AN INTERN IN THIS HOUSE AND HE WORKED FOR GEORGE FRIEDMAN,
ASSEMBLYMAN GEORGE FRIEDMAN. AND WHEN HE WAS AN INTERN, I KNEW
THAT HE HAD DESIGNS TO BECOME A MEMBER OF THIS ASSEMBLY. HE WAS
VERY INTERESTED IN EVERYTHING THAT GEORGE DID. I GUESS HIS PARENTS
KNEW THAT ABOUT GEORGE AND HOW HE RESPECTED AND LOVED THIS
INSTITUTION WHEN HE WAS SEEMINGLY A CHILD IN COLLEGE.
AND SO, WHEN HE WAS ABLE TO FINALLY SECURE THE SEAT
AFTER A LONG-SERVING MEMBER HAD DECIDED TO GIVE IT UP, OF COURSE HE'S
LIVING THE DREAM, AND WHAT A GUY. I KNOW THAT HIS WIFE USED TO SEND
CAKE TO MY OFFICE BECAUSE SHE KNEW KATHY LYONS, WHO USED TO WORK
FOR GEORGE, AND SENT IT TO HER BECAUSE HE LOVED -- SHE LOVED THE CAKE
THAT SHE MADE. AND SEEING MIKE GROW UP IN THIS PLACE AND BECOMING
THE LEADER OF OUR CONFERENCE WAS JUST, I DON'T KNOW HOW I CAN EXPLAIN
HOW GOOD THAT MAKE ME FEEL -- THAT MADE ME FEEL AT THE TIME, BECAUSE
IT'S JUST LIKE SEEING YOUR OWN CHILD GROW UP TO BE SOMEBODY. AND,
BOY, YOU GUYS, DIDN'T HE BECOME SOMEBODY? HE GREW HERE LIKE
NOBODY I'VE EVER MET. HE WAS SOMEBODY WHO WE RESPECTED AND NOT
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ONLY LOVED, BUT LOVED TO HEAR HIM TALK BECAUSE WE KNEW THE NEXT WORD
OUT OF HIS MOUTH WAS GOING TO SEND SOMEBODY CRYING. AND HE NEVER
DISAPPOINTED US IN THAT REGARD.
MIKE SIMANOWITZ ALWAYS COMPLAINED TO ME ABOUT
GETTING HIS BILLS OUT OF CODES; SOUND FAMILIAR?
(LAUGHTER)
AND ONE OF THE THINGS THAT HE TOLD ME, I WON'T REPEAT,
BUT HE CONVINCED ME. AND YOU ALL REMEMBER THE CADAVER BILL? I GUESS
HIS FAMILY REMEMBERS THE CADAVER BILL. WELL, WE GOT THAT BILL OUT OF
CODES, SURPRISE, AND IT WAS REALLY ONE OF HIS OUTSTANDING ACHIEVEMENTS
IN THIS ASSEMBLY. I KNOW HOW GOOD HE FELT ABOUT NOT ONLY BECAUSE OF
HIS RELIGIOUS CONVICTIONS, BUT BECAUSE HE THOUGHT IT WAS THE RIGHT THING
TO DO AND I THOUGHT IT WAS THE RIGHT THING TO DO, AND SOMETIMES I'M
ABLE TO CONVINCE MY STAFF THAT IT'S THE RIGHT THING TO DO.
(LAUGHTER)
AND SO, WE GOT THAT BILL PASSED. BUT THERE NEVER WAS
A KINDER, GENTLER GIANT, MR. SPEAKER, YOU SAID IT RIGHT. NEVER A KINDER
GUY AND I -- I CAN'T TELL YOU HOW MUCH I MISS HIM NOW. AND ONE OF THE
REASONS I MISS HIM SO MUCH WAS BECAUSE NOT ONLY DID I SEE HIM GROW
UP, BUT I HAD A COLLEAGUE, MR. BRAUNSTEIN'S PREDECESSORS A FEW
REMOVED, WHO DIED OF BREAST CANCER. AND WHEN MIKE WAS GOING
THROUGH THAT, VINCENT NICOLOSI, I CAN SAY HIS NAME NOW, BUT
NEVERTHELESS, VINNY NICOLOSI DIED OF BREAST CANCER IN 2014 AND WHEN
I FOUND OUT THAT MIKE WAS SUFFERING FROM THE DISEASE, I KNEW HOW
DEVASTATING IT WAS TO HIS FAMILY, BUT I ALSO KNEW HOW SERIOUS IT WAS.
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AND IT JUST SEEMS TO ME THAT IT'S MORE SERIOUS SOMETIMES FOR MEN TO
CONTRACT THE DISEASE OR THAT TYPE OF CANCER BECAUSE IT TAKES THEM SO
QUICKLY. AND I WAS -- I WAS DEVASTATED WHEN I FOUND OUT THAT HE DIED
BECAUSE, LIKE YOU, I THOUGHT HE WOULD NEVER DIE AND HE LOOKED SO GOOD
ALL THE TIME. HE NEVER LOOKED LIKE HE WAS EVEN SICK. GOD REST HIS
SOUL.
DENNY FARRELL WAS SOMEBODY WHO -- YOU DON'T KNOW
WHEN YOU SERVE WITH SOMEBODY, YOU NEVER KNOW THAT YOU'RE SERVING IN
THE MIDST OF A GIANT, SOMEBODY WHO IS -- IS A PERSON WHO LIVES ABOVE
US AND HAS -- AND HAS NOT ONLY THE MENTALITY AND THE -- THE ABILITY TO
WORK WITH OTHERS AND THE ABILITY TO DO THINGS THAT YOU CAN'T DO, AND YOU
KNOW THAT THIS IS A SUPERIOR HUMAN BEING THAT YOU'RE SERVING YOUR LIFE
WITH. AND BELIEVE ME, AS OTHERS HAVE TOLD YOU, LIFE AROUND HERE IS VERY
CLOSE-KNIT. WE ARE LIKE A FAMILY AND WE KNOW WHO THE GUYS AND GALS
ARE THAT WE SERVE WITH PRETTY WELL AFTER A CERTAIN PERIOD OF TIME, AND
ESPECIALLY ME, BECAUSE I HAVE SERVED A LOT LONGER THAN MANY OF YOU.
BUT I HAVE TO SAY THAT DENNY FARRELL WAS KIND TO ME
IMMEDIATELY. AND OTHERS HAVE TALKED ABOUT HIS HAIRDO, I REMEMBER ALL
THE WOMEN TALKING ABOUT HOW HE LOOKED LIKE WILLIAM POWELL OR DAVID
NIVEN AND WERE SMITTEN BY -- BY DENNY FARRELL WHEN HE ARRIVED. HE
WAS ONE OF THE HANDSOMEST GUYS YOU WOULD HAVE EVER SEEN IN YOUR
LIFE, LADIES. YOU SHOULD HAVE SEEN HIM WHEN HE WAS A YOUNG MAN WHO
CAME TO ALBANY. AND EVEN THOUGH HE HAD THAT LONG, BUSHY HAIR THAT I
LOVED, BECAUSE NOW MINE IS GETTING VERY THIN --
(LAUGHTER)
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-- BUT, NEVERTHELESS, DENNY'S -- DENNY'S OUTLOOK ON
LIFE WAS PURELY JOY TO HAVE IN YOUR LIFE AND SOMEBODY WHO -- WHO WAS
YOUR FRIEND WHO -- WHO YOU KNEW YOU COULD COUNT ON FOR ALMOST
ANYTHING. AND THERE WAS A TIME WHEN I USED TO WEAR ALL THESE FUNKY
OLD TIES THAT MY DAD HAD; SOME OF THEM ARE THREADBARE NOW, AND THEY
WERE REALLY OLD TIES AND SILK, AND SOME OF YOU HAVE SEEN THEM IN THE
PAST. IT'S HARD FOR ME TO WEAR THEM ANYMORE. I HAVE TO GO TO THE TIE
SHOP, THEY HAVE A TIE SHOP IN NEW YORK, TO GET THEM FIXED AND I'LL START
WEARING THEM AGAIN. BUT WHEN DENNY SAW HOW BAD THEY WERE, HE GOT
ME SOME OF HIS DAD'S TIES TO WEAR, AND THESE WERE THE CHEST PROTECTOR
TYPES; YOU KNOW WHAT I'M TALKING ABOUT?
(LAUGHTER)
AND I STILL HAVE THEM. AND I'M SORRY I DIDN'T WEAR -- I
DIDN'T KNOW WE WERE GOING TO DO THIS RESOLUTION TODAY, OTHERWISE I
WOULD HAVE BROUGHT THEM AND WORN THEM TONIGHT. BUT THE EXPERIENCE
-- ONE OF THE EXPERIENCES, AND I DON'T WANT TO STEAL CLYDE'S THUNDER, BUT
ONE OF THE GREAT EXPERIENCES I HAD THIS LAST YEAR WAS TO CONVINCE
DENNY TO DO A VIDEO WITH CLYDE SO THAT WE COULD CAPTURE THE KIND OF
GUY THAT HE WAS, AND THAT WAS PLAYED LAST YEAR AT THE MEMORIAL THAT
CLYDE DID AND IT WAS SUCH A WONDERFUL PRODUCTION AND I'M SO GLAD YOU
GOT TO DO IT, CLYDE, AND I KNOW YOU'RE GOING TO TALK ABOUT IT, BUT IT KIND
OF CAPSULIZES -- CAPSULIZES THE LIFE OF DENNY FARRELL.
AND THE LAST THING I WANT TO SAY IS I ALMOST CRIED WHEN
I SAW HIM AT COSTCO ABOUT A MONTH AGO. I WAS IN THE PARKING LOT AND I
SEE THIS YELLOW CONVERTIBLE IN THE PARKING LOT AND THIS GUY WITH ALL GRAY
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HAIR SITTING IN IT AND I SAID, WHAT ARE YOU DOING HERE? AND HE SAYS,
WELL, BARBARA AND SOPHIA ARE IN THERE, IN THE STORE; I'M JUST SITTING IN
THE CAR, I'M NOT GOING IN THERE. BUT I SAW -- I ALSO SAW THAT HE HAD --
THAT HE HAD A BREATHING APPARATUS THAT HE HAD TO USE ALL THE TIME AND IT
REALLY SADDENED ME. BUT, NEVERTHELESS, WE STOPPED AND WE CHATTED FOR
ABOUT 15 TO 20 MINUTES, WE CAUGHT UP AND I REMEMBERED HOW MUCH I
MISSED HIM, AND I'LL MISS HIM TODAY AND I'LL MISS HIM FOREVER. REST HIS
SOUL. THANK YOU.
SPEAKER HEASTIE: MR. ROSENTHAL.
MR. ROSENTHAL: THANK YOU, MR. SPEAKER.
OUR COMMUNITY SUFFERED A TRAGIC LOSS WITH THE PASSING
OF MIKE SIMANOWITZ. OVER THE YEARS, MIKE BECAME A FRIEND, AN
ADVOCATE FOR SO MANY IN OUR COMMUNITY. HE WAS SELFLESS, HE WAS A
PERSON WHO ALWAYS MADE HIMSELF AVAILABLE TO HELP OR JUST TO TALK. NOT
LONG BEFORE HE PASSED AWAY, I WAS HAVING -- I WAS HAVING SOME
PERSONAL ISSUES AND I WENT INTO HIS OFFICE AND WE SPOKE FOR PROBABLY
ALMOST TWO HOURS - AND THIS WAS LESS THAN A MONTH BEFORE HE PASSED
AWAY, AND HE DIDN'T MENTION ONCE ABOUT HOW SICK HE WAS OR HOW -- OR
HOW HIS ILLNESS WAS PROGRESS -- PROGRESSING. HE JUST SAT THERE AND GAVE
ME GUIDANCE. OVER THE PAST FEW MONTHS AS I'VE BEEN MEETING WITH
CIVIC LEADERS AND COMMUNITY LEADERS AND CLERGY IN THE DISTRICT, IT HAS
BEEN REALLY HUMBLING TO HEAR SO MANY STORIES HOW THEY CALLED MIKE
AND HOW MIKE ALWAYS ANSWERED THE CALL AND HOW HE WAS ABLE TO HELP.
PEOPLE FROM ALL WALKS OF LIFE, WHETHER IT WAS A PRIEST, A RABBI, A
COMMUNITY LEADER OR A CIVIC LEADER, EVERY SINGLE PERSON HAS A STORY OF
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HOW MIKE HELPED TO ANSWER THEIR CALL RIGHT AWAY.
HE WAS THE TRUE ESSENCE OF A PUBLIC SERVANT. HE WAS
SELFLESS AND HE WORKED TIRELESSLY FOR OUR COMMUNITY. AND HIS FAMILY
WHO IS HERE TODAY, I WANT TO THANK YOU FOR LETTING HIM WORK SO HARD
AND WORK SO SELFLESSLY FOR OUR COMMUNITY. HE IS GREATLY MISSED AND IT
IS TRULY HUMBLING TO BE HERE TODAY IN HIS PLACE AND TRY TO -- TRY TO
CONTINUE THE GREAT WORK THAT HE DID FOR OUR COMMUNITY.
SPEAKER HEASTIE: MS. MALLIOTAKIS.
MS. MALLIOTAKIS: THANK YOU, MR. SPEAKER. I
ALSO WANTED TO ADD MY VOICE TO THOSE WHO HAVE SPOKEN ABOUT THOSE WE
WERE SO HONORED TO SERVE WITH.
AS A FELLOW GREEK AMERICAN, I REMEMBER VIVIDLY
WHEN FRANK SKARTADOS WOULD GET UP EVERY TIME WE HAD THE GREEK
HERITAGE RESOLUTION. AND, AS YOU MENTIONED EARLIER, HE WAS ALWAYS A
QUIET GUY, BUT HE BECAME LIKE A LION AND WAS SO PASSIONATE SPEAKING
ABOUT OUR HERITAGE. ON MARCH 25TH WHEN WE DID THE RESOLUTION THIS
YEAR, I LOOKED UP TO SEE WHERE HE WAS, BECAUSE USUALLY, YOU KNOW, HE'S
THE FIRST ONE TO STAND UP AND SPEAK FOR A LENGTHY AMOUNT OF TIME ON THE
RESOLUTION, BUT SADLY AT THE TIME, I DIDN'T KNOW THAT HE WAS FIGHTING FOR
HIS LIFE.
MIKE SIMANOWITZ ALWAYS HAD A GREAT SENSE OF HUMOR.
HE LOVED HIS AUXILIARY POLICE DEPARTMENT, HE LOVED BEING A MEMBER OF
THE ASSEMBLY, AND HE ALWAYS MADE US LAUGH. AND I PARTICULARLY WILL
MISS WATCHING HOW HE JUST USED TO CRACK MIKE CUSICK UP. BUT HE
REALLY HAD ONE OF THE GREATEST SENSE OF HUMORS THAT I'VE COME TO KNOW,
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ESPECIALLY DURING MY TIME IN THE LEGISLATURE.
AND DENNY FARRELL WAS SOMEBODY WHO ALWAYS HAD
WISE WORDS AND ADVICE. AND AS MANY OF THE MEMBERS MENTIONED HERE,
HE WOULD ALWAYS PULL YOU ASIDE AND TELL YOU A STORY OR TELL YOU ADVICE
THAT YOU CAN USE IN YOUR OWN PATH. AND LAST YEAR WHEN I ENTERED THE
MAYOR'S RACE, HAVING THAT HE HAD RUN IN 1985, HE ACTUALLY TOLD ME
SOME REALLY GREAT STORIES AND EVEN THOUGH I WAS FROM THE OTHER SIDE OF
THE AISLE, HE GAVE ME SOME VERY NICE ADVICE, WHICH I APPRECIATED.
AND JUST TO SHOW HOW MUCH HE WAS RESPECTED ON BOTH
SIDES OF THE AISLE, MANY OF YOU WHO ARE ON THE WAYS AND MEANS
COMMITTEE, AND SOPHIA WHO WOULD BE THERE AT THE LAST MEETING, WOULD
KNOW WHEN DEBORAH GLICK AND I WOULD PUT ON "HAIL TO THE CHIEF"
WHEN HE WOULD WALK IN FOR THAT FINAL MEETING EVERY YEAR.
I HAD THE PLEASURE OF VISITING ALL THEIR DISTRICTS AND I
KNOW THAT THEIR CONSTITUENTS LOVED THEM, THEY MISS THEM AND MY
CONDOLENCES TO ALL THEIR CONSTITUENTS AND THEIR FAMILIES. THANK YOU.
SPEAKER HEASTIE: NOW FOR THE PERSON WHO
SERVED WITH EVERY SINGLE ASSEMBLYMEMBER IN HISTORY, MR. GOTTFRIED.
(LAUGHTER)
MR. GOTTFRIED: WELL, THANK YOU, MR. SPEAKER.
ACTUALLY, OF THE 12 WHO WE'RE REMEMBERING TODAY, I ONLY SERVED WITH
NINE.
YOU KNOW, ONE THING THAT IS STRIKING IS THAT -- AND IT
SAYS I THINK A LOT OF GOOD THINGS ABOUT US, IT'S AFTER 7:00 O'CLOCK, WE'VE
BEEN DISCUSSING THIS RESOLUTION I DON'T KNOW FOR HOW LONG, ALMOST
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EVERY SEAT IS FILLED. YOU KNOW, A LOT OF PEOPLE SAY A LOT OF THINGS ABOUT
PEOPLE IN OUR LINE OF WORK, BUT IF YOU THINK ABOUT THE PEOPLE WHO WE
ARE REMEMBERING TODAY, THEY'RE A TERRIFIC GROUP OF PEOPLE. THEY'RE ALL
PEOPLE WHO RAN FOR THE LEGISLATURE AND SERVED IN THE LEGISLATURE
BECAUSE THEY WERE FOCUSED ON TRYING TO PUT INTO LAWS AND BUDGETS THE
THINGS THAT THEY CARED ABOUT.
I'M NOT GOING TO TRY TO TALK ABOUT ALL OF THE NINE THAT I
SERVED WITH, BECAUSE MANY PEOPLE HAVE TALKED ABOUT MANY OF THEM. I
WANT TO SAY A COUPLE THINGS ABOUT A FEW OF THEM.
MAURICE HINCHEY, WHO STARTED OUT IN LIFE, AS I RECALL,
AS A JUVENILE DELINQUENT, WHO ALMOST GOT SENT TO JAIL, BUT THE JUDGE
OFFERED HIM THE OPTION OF ENLISTING IN THE NAVY INSTEAD. AND MAURICE
ALWAYS HAD HANGING IN HIS OFFICE A PICTURE OF THE DESTROYER THAT HE
SERVED ON. HERE IN THE LEGISLATURE, HE WAS A PASSIONATE FIGHTER FOR THE
THINGS HE BELIEVED IN, PARTICULARLY THE ENVIRONMENT. I REMEMBER
HOLDING JOINT HEARINGS ON ENVIRONMENTAL HEALTH ISSUES WITH MAURICE
AND JIM TALLON WHEN HE CHAIRED THE HEALTH COMMITTEE. WE WENT
AROUND THE STATE TO SEVERAL COMMUNITIES AND THOSE HEARINGS WENT ON
'TIL, OFTEN 'TIL PRACTICALLY MIDNIGHT AND MAURICE, YOU KNOW, SAT THERE
RIVETED THROUGH THE WHOLE THING. ONE REMARK OF HIS THAT I ALWAYS THINK
OF, YEARS AGO WHEN HE WAS SITTING IN THIS ROW RIGHT BEHIND ME HERE
(INDICATING) SITTING NEXT TO BOB CONNOR, AND IN THE DEBATE ABOUT
SOMETHING OR OTHER ONE OF THE REPUBLICAN MEMBERS SAID SOMETHING
THAT STRUCK BOB CONNOR AS MAKING SENSE AND IT DIDN'T HAPPEN ALL THAT
OFTEN, BUT -- AND BOB SAID, YOU KNOW, HE HAS A POINT. AND MAURICE
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LOOKED AT HIM STERNLY AND JABBING WITH HIS FINGER HE SAID, NO, BOB;
THEY NEVER HAVE A POINT.
(LAUGHTER)
BRIAN MURTAUGH. HIS DAY JOB, IF YOU WILL, HE WAS A
MERCHANT SEAMAN AND WAS A MERCHANT SEAMAN LONG BEFORE HE WAS --
GOT ELECTED TO THE LEGISLATURE, AND CONTINUED TO SERVE AS A MERCHANT
SEAMAN WHILE IN THE LEGISLATURE. THERE WOULD BE MONTHS WHEN WE
WERE NOT IN SESSION WHEN BRIAN WOULD BE GONE FOR MONTHS AT A TIME
BECAUSE HE HAD LITERALLY GONE TO SEA. AND THIS WAS IN THE ERA BEFORE
EVERYBODY HAD A CELL PHONE. SOMETIMES, WHEN YOU HAD TO CONNECT
WITH -- WITH BRIAN, WE LEARNED -- I LEARNED A LOT ABOUT SHIP-TO-SHORE
RADIO. AND WHEN WE WERE PICKING A SUCCESSOR FOR SPEAKER AFTER
STANLEY FINK RETIRED, YOU KNOW, THE MANHATTAN DELEGATION WAS HAVING,
YOU KNOW, INTENSE CONVERSATIONS ABOUT WHO WE WOULD SUPPORT. OFTEN
VERY HUSHED CONVERSATIONS, AND AT ONE POINT I HAD TO CALL BRIAN
MURTAUGH TO TELL HIM, YOU KNOW, WHERE PEOPLE WERE TENDING TO GO.
AND HAVING THIS CONVERSATION WITH HIM IN WHICH WE BOTH HAD TO SHOUT
AT THE TOP OF OUR VOICES ABOUT THIS STUFF WE WERE TRYING TO HAVE
CONFIDENTIAL CONVERSATIONS ABOUT, AND AT THE END OF EACH SENTENCE YOU
WOULD HAVE TO SAY "OVER" SO THE OTHER ONE WOULD KNOW WHEN TO -- IT
WAS JUST A VERY STRANGE WAY TO HAVE A CONVERSATION, HOLLERING INTO A
PHONE TO SOMEBODY WHO WAS, I DON'T KNOW, SOMEWHERE IN THE ATLANTIC
OR PACIFIC.
I THINK BRIAN MURTAUGH WOULD WANT US TO REMEMBER
HOW DEDICATED HE WAS TO THE ISSUES OF ALCOHOLISM AND SUBSTANCE ABUSE.
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PART OF THAT CAME FROM HIS OWN PERSONAL HISTORY, BUT HE WAS PASSIONATE
AND UTTERLY INVOLVED IN TRYING TO GET THE LEGISLATURE TO PAY MORE
ATTENTION AND TO SPEND MORE MONEY ON THOSE ISSUES.
ANGELO ORAZIO, KNOWN TO HIS COLLEAGUES, MANY OF HIS
COLLEAGUES, ANYWAY AS "LANDSLIDE ORAZIO" BECAUSE I THINK IN HIS FIRST
RE-ELECTION, HE WON BY I DON'T KNOW HOW SMALL A HANDFUL OF VOTES,
WHICH I THINK PARTIALLY HAD TO DO WITH THE FACT THAT SOME RELIGIOUS OR
FRATERNAL GROUP IN HIS DISTRICT WHOSE LEADERSHIP WAS ALLIED WITH HIS
OPPONENT WERE ON A FOREIGN TOUR AND WERE DUE TO LAND AT KENNEDY ON
ELECTION DAY AND, AS LUCK WOULD HAVE IT, THEIR FLIGHT WAS DELAYED AND
SO NONE OF THEM GOT TO VOTE AND ANGELO GOT REELECTED.
(LAUGHTER)
HE WAS PASSIONATELY DEVOTED TO AN ISSUE THAT I ALWAYS
THOUGHT MADE A LOT OF SENSE, BUT NEVER REALLY CAUGHT ON AND THAT WAS TO
GET RID OF THE LOCAL PROPERTY TAX AND REPLACE IT WITH A LOCAL INCOME TAX.
AGAIN, I -- I THOUGHT IT MADE PERFECT SENSE, BUT IT, YOU KNOW, DESPITE
THE FACT THAT IT NEVER REALLY CAUGHT ON, THAT DIDN'T STOP ANGELO FROM
CONTINUING TO FIGHT FOR IT.
HERBERT POSNER WAS ESSENTIALLY THE ASSEMBLY'S
ACCOUNTANT. HE WAS A CPA BY TRADE, AND ONE OF THE THINGS THAT HERB
DID AROUND TAX TIME EVERY YEAR WAS SEE TO IT THAT WE ALL GOT A VERY
DETAILED MEMO FROM HIM WHICH HE WOULD THEN BE WILLING TO EXPLAIN,
YOU KNOW, PERSON-TO-PERSON ABOUT HOW LEGISLATORS OUGHT TO ACCOUNT
FOR THEIR EXPENSES AND WHATNOT. THIS WAS BEFORE SOME OF THE TAX LAW
CHANGES THAT MANY OF US TOOK ADVANTAGE OF WERE ENACTED AND IT WAS ALL
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A LOT MORE COMPLICATED. BUT HERB SAW TO IT THAT WE ALL UNDERSTOOD
WHAT THE DEAL WAS.
FINALLY, RON TILLS, A REPUBLICAN MEMBER FROM
HAMBURG, NEW YORK. I DON'T THINK I'VE EVER HAD NICE THINGS TO SAY
ABOUT RON TILLS, BUT, YOU KNOW, WE TEND NOT TO -- NOT TO SOCIALIZE ALL
THAT MUCH ACROSS THE AISLE, WHICH I THINK IS UNFORTUNATE. RON TILLS WAS
A FAIRLY CONSERVATIVE, PRETTY ADAMANTLY CONSERVATIVE REPUBLICAN
MEMBER. HE SERVED HERE FOR I -- I GUESS FIVE OR SIX YEARS IN THE
MINORITY AND THEN -- IN THE MAJORITY, RATHER, AND THEN THREE YEARS IN THE
MINORITY. BUT I WOULD SAY ABOUT RON TILLS WHAT I SAID AT THE OUTSET,
EVEN THOUGH HE AND I PROBABLY AGREED ON ALMOST NOTHING, AT LEAST NOT
THE ISSUES WHERE PEOPLE TEND TO DISAGREE ON, BUT HE WAS SOMEBODY
WHO WAS HERE BECAUSE HE WAS PASSIONATELY INTERESTED IN ADVANCING HIS
VIEWS ON THE ISSUES, DEDICATED TO THOSE ISSUES AND SOMEBODY FOR WHOM
EVEN THOUGH I VIRTUALLY NEVER AGREED WITH HIM, I WOULD -- I WOULD HAVE
TO SAY I ALWAYS HAD ENORMOUS RESPECT FOR HIM. AND I THINK HE WAS A --
A REALLY FINE EXAMPLE OF WHAT LEGISLATORS OUGHT TO BE, AND THAT -- AN
EXAMPLE THAT I THINK THE OVERWHELMING MAJORITY OF US LIVE UP TO, AND
CERTAINLY ALL THE PEOPLE THAT WE'VE BEEN TALKING ABOUT THIS EVENING LIVE
UP TO THAT MODEL. AND I THINK WE SHOULD ALL BE PROUD TO SERVE IN A
BODY THAT HAS BEEN GRACED BY SUCH PEOPLE AND TO ALWAYS RESOLVE TO
LIVE UP TO THAT STANDARD. THANK YOU.
SPEAKER HEASTIE: MR. BLAKE.
MR. BLAKE: PRAYERS AND -- AND BLESSINGS TO EACH OF
THE MEMBERS THAT HAVE TRANSITIONED ON, SPECIFICALLY COMMENTS ONTO THE
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SIMANOWITZ FAMILY. MIKE WAS BEHIND ME IN CONFERENCE AND IF HEVESI
WAS HERE, HE WOULD COMMENT ON THE COLORFUL WORDS THAT HE WOULD SAY
BEHIND US REGULARLY, NOT JUST ABOUT WHAT WAS GOING ON IN CONFERENCE,
BUT ANY TIME I WOULD MAKE A COMMENT ABOUT MY YANKEES, HE WOULD
REMIND ME THAT HE'S A MUCH BIGGER MAN THAN I AM --
(LAUGHTER)
-- AND IF I WANTED TO CONTINUE MY TENURE IN THE
ASSEMBLY, I WOULD STOP TALKING AT THAT MOMENT, WHICH IS ONE OF THE
FEW TIMES THAT A YOUNG BLACK GUY WAS AFRAID OF A BIG WHITE GUY.
(LAUGHTER)
SO, I APPRECIATED THAT AND UNDERSTOOD MY SENSE OF
SURVIVAL.
(LAUGHTER)
SO, WE LOVED MIKE. HE -- IT IS TRUE, HE -- HE -- HE WAS
AND IS A BIG TEDDY BEAR AND THE LOVE HE HAD FOR THE FAMILY WAS
PARAMOUNT ALL OF THE TIME, AND WE SAY GOD BLESS YOU.
ABOUT DENNY FARRELL. SO, I'VE ONLY BEEN HERE ABOUT
4-PLUS YEARS, BUT WHEN I FIRST CAME AND I WAS SITTING BEHIND LEADER
MORELLE, THERE WAS A POINT WHERE I DIDN'T REALLY APPRECIATE THE
IMPORTANCE OF THE FLAGS AND -- WHEN THEY SAT THERE. AND THERE WAS A
POINT WHEN THERE WERE THREE JAMAICAN FLAGS IN THE SAME AREA. IT WAS
MYSELF, IT WAS DENNY AND IT WAS NICK. AND SO AT THAT FIRST POINT, YOU
START TO REALLY APPRECIATE THAT YOU HAVE SOMEONE THAT HAS JOY FOR
JAMAICA. AND I WOULD TALK TO DENNY ABOUT FIRST HOW I WAS NAMED
AFTER MICHAEL MANLEY AND ALEXANDER BUSTAMANTE, AND HE WOULD THEN
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TALK TO ME ABOUT HIS LOVE OF JAMAICA AND HE WOULD SAY, WELL, FIRST, I
JUST WANT TO REMIND YOU THAT LIGHT-SKINNED JAMAICANS ARE MORE
ATTRACTIVE THAN DARK-SKINNED JAMAICANS. I WAS LIKE, OKAY, DENNY, I
GOT YOU. I APPRECIATE THAT RIGHT NOW.
(LAUGHTER)
AND THEN HE WOULD TELL ME THAT, WELL, IF YOU EVER
WANT TO GO BACK HOME TO GO VISIT, YOU CAN ALWAYS STAY AT THE
APARTMENT IF THE APARTMENT IS FIXED UP CORRECTLY; HOWEVER, THE MOST
IMPORTANT THING IS WE HAVE TO ADDRESS THE ISSUE OF THE MOSQUITOS
BECAUSE THE MOSQUITOS ARE ALWAYS BITING EVERYBODY AND YOU GOT TO BE
MINDFUL OF THAT. AND I SAID, OKAY, DENNY, I -- I REFLECT ON THAT AND I
APPRECIATE THAT. BUT WHAT I DIDN'T REALIZE IS, FIRST, THAT DENNY HAD
IMPACT ON -- ON MY LIFE IN MANY WAYS BEFORE EVEN KNOWING WHO HE
WAS, BECAUSE FOR ANY OF US THAT GREW UP IN THE BRONX, ESPECIALLY IN THE
WESTERN PART OF THE BRONX, I WOULD GO TO RIVERBANK ALL THE TIME, AND
NEVER REALLY UNDERSTOOD THE SIGNIFICANCE OF IT UNTIL THE YEARS
TRANSITIONED DOWN THE LINE. THEREAFTER, AS JEFF MENTIONED, THE FIRST
MAIN BILL THAT I SPENT THE MAJORITY OF MY TIME ON WAS THE MINORITY-
AND WOMEN-BUSINESS BILL. AND I WILL ALWAYS APPRECIATE THAT DENNY
AND -- AND MICHAEL JOHNSON MADE IT A POINT TO COME OVER AND SAY, WE
HAVE A CHANCE TO HELP MORE WOMEN AND MORE PEOPLE OF COLOR AND WE
NEED TO GO DO THIS. AND DENNY CALLED ME UP AND HE SAID, WE'RE GOING
TO MOVED FORWARD ON THIS, AND I SAID, THANK YOU, OUT OF MY
APPRECIATION, BUT HE SAID, DON'T EVER FORGET THAT WE HAVE A
RESPONSIBILITY AS BLACK MEN TO CONTINUE TO STAND UP FOR OUR
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COMMUNITIES.
THAT CONTINUED WHEN I DECIDED TO MOVE FORWARD AND
WHEN I WANTED TO RUN FOR DNC, THE FIRST TWO CALLS WERE TO DENNY AND
TO VIVIAN, BECAUSE THEY'RE BOTH DNC MEMBERS, AND DENNY SAID, I
WANT YOU TO UNDERSTAND THAT IF YOU GET A CHANCE TO DO THIS, THERE'S NOT
BEEN A BLACK MAN THAT HAS SERVED IN THIS CAPACITY SINCE RON BROWN,
AND THAT YOU HAVE A RESPONSIBILITY TO CONTINUE THIS LEGACY WHAT COMES
BEFORE YOU. HE HAD SUCH PRIDE WHEN TALKING ABOUT WHO WE ALL
COLLECTIVELY WERE, AND WHEN THE SPEAKER WAS MAKING COMMENTS AT THE
FUNERAL ABOUT THIS, ABOUT THOSE THAT CAME BEFORE AND FOR ANY OF US THAT
WERE YOUNG OFFICIALS COMING IN, THE "GANG OF FOUR" THAT WOULD ALWAYS
GET TALKED ABOUT IN HARLEM, ONE THING THAT DENNY CONTINUED TO REMIND
US AND ME ABOUT, IF YOU HAVE A CHANCE TO BE HERE, THEN DO SOMETHING
WITH IT.
SO, WE WANT YOU TO KNOW THAT WE ARE FOREVER GRATEFUL
TO YOUR FAMILY. THAT WHEN ALL OF US SIT HERE AND WE GET TO REPRESENT
OUR RESPECTIVE COMMUNITIES AND COUNTRIES, I DIDN'T REALLY INTERNALIZE
THE IMPORTANCE OF WHAT IT MEANT TO BE JAMAICAN-AMERICAN AND TO
REPRESENT UNTIL I GOT A CHANCE TO SPEND TIME WITH DENNY FARRELL.
I'LL CLOSE BY SAYING YOU REALLY UNDERSTAND THE IMPACT
OF SOMEONE AND THEIR LEGACY WHEN PEOPLE THAT COME THERE AFTER THEM
CARRY IT ON WITH GREAT HONOR. MANY MEMBERS MAY NOT REALIZE THIS, BUT
WE HAVE A MEMBERS-ONLY BIBLE STUDY THAT HAPPENS EACH WEEK. AND
SOME OF US TRY TO GET THERE CONSISTENTLY, BUT THE ONE THAT HAS BEEN THE --
THE ANCHOR OF THAT, REVEREND AL TAYLOR, WHO AL HAS SUCH A NOT JUST
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PRIDE IN HAVING A CONNECTION TO DENNY, BUT HE CONSISTENTLY REMINDS US
TO BE DOERS OF THE WORD. AND I WANT US TO ALL APPRECIATE THAT WHILE WE
SIT HERE AND WHILE WE REFLECT ON DENNY, WE'RE GRATEFUL THAT WE HAVE THE
HONOR TO WALK IN THEIR LEGACY AND HIS LEGACY, AND IT'S BEING PRESENTED
HERE.
SO, WHEN I LOOK AT THE FLAG AS A REMINDER, "THE SUN
SHINETH, THE LAND IS GREEN, THE PEOPLE ARE STRONG AND CREATIVE." THAT IS
THE MOTTO OF JAMAICAN FLAG AND I THINK IT EMBODIES THE LEGACY OF
DENNY FARRELL. GOD BLESS YOU.
SPEAKER HEASTIE: MR. TAYLOR. REVEREND
TAYLOR, EXCUSE ME.
MR. TAYLOR: MR. SPEAKER, THANK YOU. I'M NOT
SURE -- YEAH, I AM, I'M PRETTY SURE, THERE'S A LOT I'D LIKE TO SAY, BUT I
WON'T GO THROUGH THE DECADES OF SPENDING THAT WITH YOU TONIGHT. BUT
HOPEFULLY OVER THE YEARS THAT I SPEND, YOU'LL GET TO HEAR MORE ABOUT
DENNY AND WHAT HE REALLY MEANT. BUT FOR TONIGHT, I WANT TO THANK
HERMAN AND JOSEPH AND BARBARA AND SIMONE AND CANDY, MARCIA,
SOPHIA. WOW. I CAME HERE AS AN INTERN AND I -- I ENJOYED IT. I DIDN'T
HAVE AMBITIONS FOR THESE SEATS, I JUST ENJOYED IT. I WAS KIND OF LIKE THE
MEMBER, WAS IT MAURICE, YOU KNOW, I KIND OF HAD AN OPTION BETWEEN
GOING THERE OR GOING TO THE MILITARY. AND I JOINED THE MILITARY AND IN
THERE, I FOUND LIFE AND GOT A DIPLOMA AND CAME HOME TO PROJECTS,
PUBLIC HOUSING, DYCKMAN, INWOOD, AND I'D WALK TO SCHOOL TO LEHMAN
COLLEGE, BECAUSE I DIDN'T HAVE CAR FARE AND MY MILITARY BENEFITS HADN'T
KICKED IN. AND SO, WHEN THE OPPORTUNITY CAME TO TAKE AN INTERNSHIP, I
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WAS LIKE, SURE. AND SOMEONE SAID, WELL, GO TO THIS GUY NAMED HERMAN
FAR-RELL.
(LAUGHTER)
THAT'S WHAT I THOUGHT THEY SAID AND I TRIED TO SPELL IT, I
SAID, FAR-RELL. AND SO, I TAKE THE INTERNSHIP AND I SPEND SOME TIME IN
HIS DISTRICT OFFICE. I NEVER SEE THE GUY, I'M LIKE, WHO IS HE? AND THE
FIRST TIME I SEE DENNY, AND THIS IS NOT FOR THE MEMES, BUT EVERYBODY
BEFORE THE MEMES, RIGHT? OH, THE MEMES ARE THE MILLENNIAL'S. ALL
RIGHT, SO PRIOR TO THAT THERE WERE NEWSPAPERS AND EVERYBODY HAD
NEWSPAPERS. SO, I SAW DENNY STANDING OUTSIDE THE DISTRICT OFFICE WITH
HIS CAR, IT WAS A CHRYSLER, IT WASN'T A CONVERTIBLE AT THAT TIME. AND HE
HAD I THINK EVERY NEWSPAPER THAT WAS BEING MANUFACTURED. AND HE
WAS STANDING THERE AND HE HAD THIS HUGE AFRO, BUT I DON'T KNOW IF WE
CAN CALL IT AN AFRO, BUT IT WAS HUGE AND HE WOULD JUST KIND OF PAT IT A
LITTLE BIT, AND HE HAD THE CIGARETTE AND HE'S JUST READING. I'D SAY, OH,
HOW YOU DOING, MR. FARRELL? AND DENNY WENT, HMPH. I'M LIKE, AM I
HERE? DO YOU SEE ME?
(LAUGHTER)
I DON'T KNOW IF YOU'VE EVER HAD THAT FEELING. SO, I'M
LOOKING, I'M LIKE, MY WARDROBE IS JUST TIGHT AS HIS --
(LAUGHTER)
-- SO I'M LIKE, HEY, WHATEVER IT IS. AND THEN SOMEONE
SAID, THERE'S AN INTERNSHIP IN ALBANY, YOU'LL GET 15 CREDITS AND A
STIPEND. I THINK THE STIPEND WAS LIKE TWO GRAND; IT WAS TOUGH. LIVING
IN PUBLIC HOUSING, HAVING BEEN ALLOCATED -- SO WE NEED TO TALK TO THIS,
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ALLOCATED A CERTAIN AMOUNT OF MONEY FOR BEING A STUDENT IN THE CITY,
BUT THEN YOU HAD TO HAVE TWO APARTMENTS BECAUSE YOU'RE LIVING IN
ALBANY, YOU HAVE TO MAINTAIN YOUR APARTMENT. BUT IT WASN'T DESIGNED
FOR THAT. BUT I MEET MARCIA AND SHE'S JUST PHENOMENAL. SO, I WAS LIKE,
OKAY, I TELL MY HONEY, I SAID, HONEY, YOU GOT TO BRING THIS WOMAN A
BAG. SHE'S LIKE, YOU WANT TO BRING THIS WOMAN A BAG? WHAT WOMAN?
AND I SAID, IT'S MARCIA, EVERYBODY KNOWS MARCIA. AND SHE SAYS, I
WANT TO SEE THIS MARCIA. SO, MARCIA HAS BEEN OUR FAMILY SINCE 1984,
'83.
SO, I WAS JUST ENTERING MY SENIOR YEAR WHEN I FINALLY
GOT TO MEET DENNY AND SO I TAKE OFF MY JACKET AND I HANG IT ON THE
DOOR, YOU KNOW, LIKE WHERE YOU CLOSE THE DOOR, AND THERE'S NO HOOKS,
SO MY JACKET -- AND DENNY WALKS IN AND HE LOOKS, AND HE GOES, HANG
THAT UP. I'M LIKE, THAT'S MY JACKET, SO I HANG IT UP. YOU NEVER SAY NO TO
DENNY, RIGHT, AND YOU NEVER LIE TO DENNY. I NEVER LIED TO DENNY. AND
HE'D ASK ME SOME TOUGH THINGS, WHICH I'M NOT GOING TO TELL YOU GUYS,
BUT I DIDN'T -- I DIDN'T LIE TO HIM. I ANSWERED THOSE QUESTIONS BECAUSE
HE TREATED ME LIKE A SON. HE INVITED ME TO HIS HOME, HIS FAMILY. SO I
AM A FARRELL. SO MAYBE I'LL GET ME A JAMAICAN FLAG. I'M STILL TRYING TO
FIGURE IT OUT, BECAUSE I'M NOT MAD AT THE AMERICAN FLAG, BUT I JUST DON'T
SEE ALL MY IDENTITY IN THAT FLAG AS OF YET. SO I'M JUST -- THAT'S ME
PERSONALLY, I WANT TO PRESENT. SO, I HAVEN'T PUT A FLAG THERE.
BUT WE ARE A COMBINATION OF SO MANY DIFFERENT THINGS.
AND DENNY SAID TO ME WHEN I FINISHED MY INTERNSHIP, HE SAID, HMM,
HMM; SO WHAT ARE YOU DOING FOR THE SUMMER? I SAID, I'M LOOKING FOR
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WORK. I ONLY CAME BECAUSE I WANTED TO TIGHTEN MY RESUME. I'M
WORKING FOR CHAIR OF BANKS. BUT I LEARNED WHILE WORKING FOR DENNY,
DENNY WAS THE FIRST ONE TO CALL FOR DIVESTURE OF NEW YORK STATE FUNDS
OUT OF SOUTH AFRICA, FOLKS DOING BUSINESS WITH SOUTH AFRICA. DENNY
WAS ALSO RESPONSIBLE FOR CHECK CLEARING. SO WE HAVE, RIGHT NOW IF YOU
PUT IN YOUR CHECK IN A BANK, YOU KNOW HOW LONG IT'S GOING TO TAKE
BEFORE IT'S CLEAR, AND WHATEVER IT IS, WHETHER IT'S THE CITY, STATE OR OUT
OF THE COUNTRY, THAT WAS DENNY'S HANDPRINT ON IT. SO, WHEN YOU USE
YOUR MONEY, YOU'RE ALWAYS THINKING ABOUT DENNY. AND THE IDEA OF
PAYING FOR YOUR MONEY WAS RIDICULOUS UNTIL THEY WENT INTO BANKING
DEREGULATION. SO, I GOT A CHANCE TO WATCH THIS MAN AND RIDE WITH HIM
AND I WAS LIKE, HE'S GONNA GET ME A JOB? THIS IS, I'M LIKE, MAN, I GET A
JOB? I SAID, WHAT I AM GOING TO DO, DRIVE? HE SAID, I DO MY OWN
DRIVING.
(LAUGHTER)
SO I SAID, WHAT AM I GOING TO DO? YOU'RE GOING TO BE
WITH ME. I WAS LIKE, THAT'S EXCITING. RIDE WITH SOMEONE AND ALL THEY
LISTEN TO IS CLASSICAL AND YOU'RE STILL GETTING INTO THE HIP HOP GROOVE.
(LAUGHTER)
SO, I BECAME CULTURED AND, YOU KNOW, I THOUGHT MY
WARDROBE WAS TIGHT. DENNY'S WAS TIGHTER, YOU KNOW. SO, WHEN I USED
TO WEAR ALL GREEN OR ALL BLACK OR ALL BLUE, YOU KNOW, YOU'RE SORT OF KIND
OF LIKE, MY HONEY -- MY HONEY IS PHENOMENAL. SO, SHE'S KIND OF LIKE,
DUDE, YOU ALRIGHT, BUT LET ME TAKE YOU -- THEY HAD A PLACE CALLED NBO
IN QUEENS, RIGHT, NATIONAL BRAND OUTLETS. AND SHE WORKED AND SHE
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JUST ALWAYS USED TO TAKE OF ME. SO, I'M -- I'M TELLING YOU, WITH DENNY
AND MY HONEY AND THE OPPORTUNITY TO HANG OUT WITH HIS FAMILY WAS
PHENOMENAL. AND, MR. BARRON, I REMEMBER MR. BARRON IN '85 BECAUSE
NOBODY WANTED TO STAND WITH DENNY. THEY ALL SAID THEY WOULD, AND IT
WAS AT ASTOR PLACE, THERE'S A UNION RIGHT THERE, IT USED TO BE ON ASTOR IN
THE VILLAGE AND I REMEMBER THEY CAME OUT AND THEY SAID UNANIMOUS.
DENNY'S STANDING ON THE STAIRS FOR CITY HALL AND THERE WERE PEOPLE
PICKETING HIM.
BUT ONE OF THE THINGS I LEARNED ABOUT DENNY WAS
WHEN PEOPLE WERE KICKING HIS BUTT IN THE MEDIA, HE NEVER SAID A WORD
BACK TO THEM. DENNY WAS THE TYPE OF GENTLEMAN, HE SAID, I WILL TALK TO
THEM FACE-TO-FACE SOMEWHERE, BUT I'M NEVER GOING TO GO DOG FIGHT FOR
DOG FIGHT WITH SOMEBODY IN THE PAPER. LET IT DIE. HE TAUGHT ME SO
MUCH. HE SAID, LISTEN, LISTEN TO WHAT PEOPLE SAY AND WATCH WHAT THEY
DO. SO, I -- I HOPE, HERM, I JUST HOPE I CAN BE HALF OF WHAT DENNY WAS
IN THIS PLACE. YOU KNOW, IT'S NOT EASY, BECAUSE THEY DON'T MAKE 'EM
LIKE DENNY ANYMORE. I MEAN, 6'4; HE WASN'T 6'3. WHATEVER HE WAS, HE
STOOD HEAD AND SHOULDER OVER PEOPLE, NOT JUST BECAUSE OF HIS HEIGHT,
BUT BECAUSE OF THE LEVEL THAT HE CHOSE TO PLAY AT. AND OFTENTIMES,
PEOPLE REFERRED TO HIM AS PART OF THE "GANG OF FOUR." DO THE HISTORY.
HE WASN'T. HE WAS A SCHOLAR FROM WASHINGTON HEIGHTS. HE HAD THAT
END OF TOWN AND HE UNDERSTOOD THAT, IF I'M GOING TO WIN ANYTHING, I
HAVE TO BRING THE NUMBERS. I SAID, DENNY, HOW DO YOU TOLERATE THIS
STUFF? HE SAID, PEOPLE WILL ALWAYS COME TOGETHER AROUND THE ISSUE.
THE ISSUE WILL ALWAYS BRING YOU TO THE TABLE; WHETHER YOU LIKE EACH
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OTHER OR NOT, THE ISSUE WILL PUT YOU AT THE TABLE.
AND I BELIEVE THAT IS SO TRUE THEN AND IT IS TODAY. IF
WE CONTINUE TO DO -- WE REPRESENT, I THINK THE SPEAKER SAID 19 MILLION
PEOPLE, 19 MILLION PEOPLE WE REPRESENT IN THIS ROOM. WE INFLUENCE
THEM, THEY INFLUENCE US. THEY VOTE FOR US. THEY SEND US HERE TO DO
THE RIGHT THING. AND SOMETIMES THE RIGHT THING IS NOT SEXY, BUT IT'S THE
RIGHT THING. AND SOMETIMES THE RIGHT THING MAY NOT BE WHAT THEY WANT
YOU TO DO, BUT IT'S THE RIGHT THING.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. CASTORINA.
MR. CASTORINA: THANK YOU, MR. SPEAKER. HAD A
SOBERING THOUGHT THAT SOME DAY ON A DAY VERY MUCH LIKE TODAY IN THE
DOG DAYS OF SESSION THAT A SPEAKER WILL BE READING EVERY ONE OF OUR
NAMES, VERY SOBERING. I RISE TODAY TO SPEAK ABOUT AN AMAZING JURIST,
LAWYER, FRIEND AND A MEMBER OF THIS BODY FROM 1957 TO 1964. GOES
BACK SO FAR THAT THE REPUBLICANS WERE IN THE MAJORITY, MR. SPEAKER.
I'M TALKING ABOUT JUDGE LUIGI MARANO. I MET LUIGI MARANO, JUDGE
MARANO, IN 1998. I WAS A 17-, 18-YEAR-OLD KID AND HE WAS ONE OF THE
PILLARS OF MY COMMUNITY IN BROOKLYN. IT WAS BACK WHEN I LIVED IN
BROOKLYN BEFORE I MOVED TO STATEN ISLAND MANY YEARS AGO. AND HE
WAS A PILLAR IN THE ITALIAN-AMERICAN COMMUNITY, ALWAYS FIGHTING FOR
ITALIAN-AMERICAN VALUES AND -- AND ISSUES OF THE DAY.
WHEN HE LEFT THIS BODY IN '64, HE WENT ON TO RUN FOR
CONGRESS AND THEN BOROUGH PRESIDENT OF BROOKLYN, WAS LATER
APPOINTED TO THE FAMILY COURT AND THEN WAS APPOINTED TO THE COURT OF
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CLAIMS BY NELSON ROCKEFELLER. HE SERVED WITH DISTINCTION IN THE NEW
YORK STATE SUPREME COURT IN BROOKLYN FOR MANY, MANY YEARS. AND
SOME YEARS LATER AFTER I MET JUDGE MARANO, HAD LOST TOUCH AND I HAD
MOVED TO STATEN ISLAND, I WAS A YOUNG PRACTICING LAWYER AND I HAD A
CASE DOWN IN SUPREME COURT IN BROOKLYN AND IT WAS SENT OUT FOR AN
INQUEST. AND LITTLE DID I KNOW THAT I WAS BEING SENT OVER TO A JHO, A
JUDICIAL HEARING OFFICER, AND IT TURNED OUT TO BE JUDGE MARANO. AND
SO I GOT TO ACTUALLY APPEAR BEFORE HIM.
WHEN HE RETIRED, HE WAS 90 YEARS OLD. HE PRACTICED
LAW FOR OVER 70 YEARS. HE WAS ADMITTED FOR OVER 70 YEARS AND HE
PASSED AWAY AT THE VERY RIPE OLD AGE OF 96. THOUGH IT GIVES ME GREAT
PLEASURE TO SPEAK ABOUT HIM TODAY, AND I EXPRESS MY DEEPEST
CONDOLENCES TO THE FAMILY OF DENNY FARRELL AND, OF COURSE, MIKE
SIMANOWITZ AND ALL THOSE WHO WE REMEMBER TODAY. THANK YOU, MR.
SPEAKER.
SPEAKER HEASTIE: MR. D'URSO.
MR. D'URSO: THANK YOU, MR. SPEAKER, FOR THIS
OPPORTUNITY TO SAY A FEW WORDS. BECAUSE IT'S PAST 7:30, I WILL NOT -- I
WILL NOT TAKE ADVANTAGE AND I WILL BE AS BRIEFLY (SIC) AS I CAN. FIRST, I
WANTED TO SAY A FEW WORDS ABOUT MY COLLEAGUE THAT SAT NEAR ME ABOUT
SEVEN, EIGHT MONTHS, AND WE STRUCK A FRIENDSHIP BECAUSE WE SHARED SO
MANY -- SO MANY THINGS. HE'S A GREEK IMMIGRANT, I'M AN ITALIAN
IMMIGRANT. HE LOVED THE GREEK HISTORY, I LOVED THE ROMAN HISTORY,
AND WE DISCUSSED A LOT. AND BECAUSE HE SPOKE WITH SUCH A FERVOR,
WITH SUCH ENTHUSIASM, SOMETIMES HAD TO CALM DOWN AND I GIVE IN AND
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LET HIM HAS WAY, NOT JUST TO CARRY ON, SO...
(LAUGHTER)
BUT I REMEMBER ONE THING THAT HE TOLD ME WHEN I FIRST
CAME HERE AND HE SAID, TONY, WHAT YOU DO UP HERE IS VERY IMPORTANT,
BUT WHAT YOU DO DOWN AT DISTRICT, THAT'S MORE IMPORTANT. THEY VOTE FOR
YOU; UP HERE THEY DON'T VOTE FOR YOU. AND I TOOK THAT WITH A GRAIN OF
SALT, BUT AS DAYS GO BY, I BEGIN TO BELIEVE THAT. SO. THAT'S WHY I'M
MAKING SIX STOPS ON FRIDAY, SIX STOPS ON SATURDAY AND SIX STOPS ON
SUNDAY THIS PAST WEEK. SO, MY FACE IS ALL OVER THE PLACE. SO, MAY
GOD REST HIS SOUL. I ENJOYED HIS FRIENDSHIP BECAUSE HE TAUGHT ME EVEN
HOW TO CAST MY VOTE ELECTRONICALLY. I DIDN'T KNOW WHAT TO PUSH HERE
(INDICATING), SO HE TOLD ME WHAT TO DO. AND EVERY TIME I GO DOWN ON
THE THRUWAY, GOING HOME AT NIGHT OR COMING HERE IN THE MORNING,
WHEN I GET AROUND ROUTE 84 NEAR NEWBURGH BRIDGE, I REMEMBER FRANK
BECAUSE OF WHAT HE EXPLAINED ME OVER HIS DISTRICT, HE STRADDLED THREE
DIFFERENT COUNTIES AND THAT'S THE AREA THAT HE SERVED. I WILL NEVER FORGET
FOREVER WHEN I PASS THAT AREA, AN IMAGE OF FRANK IS ALWAYS WITH ME. I
STILL A PHOTO HERE FROM THE WAKE.
ANYWAY, NOW I WOULD LIKE TO TALK ABOUT A DEAR FRIEND
OF MINE THAT GOT ME STARTED IN POLITICS IN 1974. MR. GOTTFRIED ALREADY
MENTIONED HIS NAME, ANGELO ORAZIO. WE WERE NEIGHBORS. HIS WIFE,
ADELINE, TAUGHT MY FOUR KIDS IN SCHOOL. HE WAS AN ENGINEER FROM
SPERRY RAND, WHICH WAS A DEFENSE CONTRACTOR. HE RAN A FEW TIMES
BEFORE THAT, BUT NEVER MADE IT. BUT IN 1974, HE DID MAKE IT. I HAD THE
PLEASURE TO WORK SIDE-BY-SIDE WITH TOM DINAPOLI; HE WAS HARDLY 21
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YEARS OF AGE AT THE TIME. HE HAD JUST WON A SEAT AT THE MINEOLA SCHOOL
BOARD AND HE IS -- I WANTED TO VENTURE BY SAYING THAT HE'S FRIENDS TO
MANY MEMBERS OF THIS, YOU KNOW, THIS ASSEMBLY HERE BECAUSE HE
SERVED HERE FOR 20 YEARS. SO, BUT ANGELO WOULD ALWAYS BE IN MY MIND
AND HIS FAMILY, I KNOW THE FAMILY WELL, AND WE CEMENTED A FRIENDSHIP
THAT WILL LAST EVEN BEYOND MY DAYS BECAUSE MY KIDS GREW UP WITH THAT
FAMILY WHEN HIS WIFE USED TO TEACH MY KIDS. SO, MAY GOD REST HIS
SOUL. THANK YOU FOR THE OPPORTUNITY.
SPEAKER HEASTIE: MR. LAVINE.
MR. LAVINE: MR. SPEAKER, THANKS FOR PERMITTING
ME TO SAY A FEW WORDS ABOUT THREE OF THE INDIVIDUALS WHO WE -- ARE
AMONG THOSE WE HONOR TODAY, AND THOSE ARE THE THREE WHO I KNEW
PERSONALLY AND HAD THE HONOR OF WORKING WITH, AND THEY ARE DENNY,
MIKE AND FRANK. NOW, YOU MIGHT THINK THAT THREE SUCH SEPARATE
INDIVIDUALS WOULD HAVE VERY FEW SHARED QUALITIES, BUT, IN FACT, THESE
THREE MEN HAD MUCH IN COMMON. EACH OF THEM WAS A TOWERING
INTELLECT. EACH OF THEM WAS LOVING. EACH OF THEM WAS TRULY
PASSIONATE IN HIS BELIEFS. EACH OF THEM WERE ALWAYS, DURING DEBATE,
ALWAYS VERY, VERY RESPECTFUL. EACH WAS HONEST, EACH WAS DEDICATED
AND EACH WAS KIND.
NOW, WE LIVE IN AN AGE IN WHICH POLITICAL DISCOURSE,
PUBLIC DISCOURSE, POLITICAL ARGUMENT, THE ART OF POLITICAL ARGUMENT
SEEMS AT TIMES TO HAVE DEVOLVED TO THE CRUDE AND TO THE -- THE BASE.
BUT DENNY, MIKE AND FRANK STOOD ALWAYS FOR THE OPPOSITE. THEY
ALWAYS FOUGHT FOR DIGNITY. WE WHO ARE PRIVILEGED TO WORK IN THIS
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MAGNIFICENT ROOM ARE EACH THE BENEFICIARIES OF THEIR NOBILITY.
SO, IT'S MY SINCERE HOPE THAT THE SIMANOWITZ AND THE
FARRELL FAMILIES HAVE A SENSE OF THE RESPECT, THE ADMIRATION, THE LOVE,
THE ADORATION THAT WE HAD FOR DENNY AND FOR MIKE. THEY SET THE
STANDARD. THEY WERE THE MODELS FOR WHAT PUBLIC SERVICE IS ALL ABOUT
AND THEY WERE THE STANDARD AND THEY WERE THE MODELS FOR THE WAY
PUBLIC SERVANTS SHOULD HANDLE THEMSELVES, AND THE WAY PUBLIC SERVANTS
SHOULD ASK. SO, I THINK IT'S IMPORTANT FOR THEIR FAMILIES TO KNOW. I
HOPE IT'S IMPORTANT FOR THEIR FAMILIES TO KNOW THAT THEY WILL ALWAYS BE
OUR GUIDING LIGHTS AND THEY WERE, THEY ARE TODAY AND THEY ALWAYS WILL
BE OUR BETTER ANGELS. THANK YOU.
SPEAKER HEASTIE: MR. PERRY.
MR. PERRY: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO SPEAK ABOUT COLLEAGUES WHO -- TO PAY TRIBUTE TO
COLLEAGUES WHO HAVE PASSED ON. MY PRAYERS AND CONDOLENCES GO TO
THE FAMILIES, ESPECIALLY MIKE SIMANOWITZ AND MY JAMAICAN BROTHER,
FRIEND, DENNY FARRELL.
DENNY FARRELL BECAME MY COLLEAGUE AFTER I GOT
ELECTED. I KNEW ABOUT HIM AS A YOUNG MAN GROWING UP TRANSITIONING
FROM MY LIFE IN JAMAICA TO BEING A NEW YORKER AND -- BUT I DIDN'T
KNOW OF HIS JAMAICAN CONNECTION. AND READ ABOUT HIM, WATCHED HIM
RUN FOR MAYOR, AND THEN I HAD THE HONOR OF GETTING ELECTED AND COMING
TO ALBANY AND REALLY GETTING TO KNOW HIM. AND THE MORE I GOT TO
KNOW HIM, NOT JUST AS A COLLEAGUE, BUT HE BECAME A FRIEND, AND I SAW
THE KIND OF DIGNIFIED, COMMITTED AND STATELY PERSON THAT HE WAS.
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HE WAS A POLITICAL LEADER IN THE TOWN OF HARLEM AND
IN THE CITY, AND POLITICIANS A LOT OF TIMES DON'T HAVE A REPUTATION OF
ALWAYS TELLING YOU WHERE THEY STAND OR WHAT THEY MEAN. AND WE
LEARNED ABOUT EACH OTHER AS WE DEAL WITH OUR COLLEAGUES AND DEVELOP
PERCEPTIONS OF WHO YOU CAN TRUST AND WHO YOU CAN DEAL WITH AND MAKE
DEALS AND WHETHER THE DEAL IS A DEAL OR NOT. AND I GOT TO LEARN THAT
DENNY MADE LIFE EASIER. AS A YOUNGER MEMBER, I TRIED TO GET ELECTED
TO POSITIONS IN THE CAUCUS AS SOON AS I GOT HERE, BECAUSE I -- I WAS
EAGER TO TAKE ON LEADERSHIP CHALLENGES. AND I -- I WENT TO DENNY
BECAUSE I HAD LEARNED THAT DENNY HAD JAMAICAN CONNECTIONS AND I
FIGURED, WELL, IT SHOULDN'T BE HARD TO WIN DENNY'S VOTE BECAUSE I WAS A
REAL JAMAICAN IN THE CHAMBER. AND SO I THOUGHT I COULD TALK DENNY
INTO SUPPORTING ME. ONE THING I LEARNED THAT HE WAS HONEST. HE NEVER
MISLED ME ABOUT WHAT HE THOUGHT OR HOW HE WOULD VOTE. AND HE ALSO
TOLD ME, YOU GOT TO LEARN TO COUNT, NICK, AND KNOW WHEN YOU HAVE THE
VOTES. AND IF YOU DON'T HAVE THE VOTES, YOU GOT TO KNOW WHEN TO FOLD IT.
THAT'S THE ART OF BEING A GOOD POLITICIAN. DENNY MADE IT EASY FOR ME
TO COUNT, NOT UNLIKE SOME OF MY COLLEAGUES IN THE CAUCUS WHO
PROMISED TO VOTE FOR ME, BUT VOTES WENT THE OTHER WAY.
(LAUGHTER)
NOW, DENNY DID PUT ME IN MY PLACE WHEN I GOT UP
AND MENTIONED THAT I WAS THE HEAD OF THE JAMAICAN CAUCUS.
(LAUGHTER)
BECAUSE I FIGURED THAT BECAUSE DENNY WAS BORN IN
HARLEM AND I WAS A JAMAICAN, BUT DENNY SAT ME DOWN AND HE TOLD ME
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ABOUT HIS JAMAICAN HERITAGE AND HIS JAMAICAN EXPERIENCE. HE WENT TO
SCHOOL IN JAMAICA AND THAT HE WAS AS JAMAICAN AS I CAN IMAGINE. SO,
IF THERE'S GOING TO BE ANY JAMAICAN CAUCUS, I WASN'T GOING TO BE THE
HEAD OF THE CAUCUS.
(LAUGHTER)
AND I GOT ME A FLAG AND I PUT IT ON MY DESK, AND HE
ORDERED ME TO GET HIM ONE, TOO, BECAUSE HE SAID, YOU CAN EITHER GET ME
ONE OR YOU LOSE YOURS.
(LAUGHTER)
SO, I GOT HIM A FLAG AND I FELT REALLY PROUD THAT WE HAD
TWO JAMAICAN FLAGS FLYING IN THE CHAMBER UNTIL MIKE BLAKE JOINED US,
AND HE DIDN'T WANT TO BUY HIS OWN FLAG, SO I GOT HIM ONE, TOO.
(LAUGHTER)
AND SO WE HAD THREE JAMAICANS. WE WERE JOINED
LATER BY SOME WHAT WE CALL HALF-JAMAICANS LIKE ALICIA; SHE'S GUYANESE
AND JAMAICAN. AND SO, THE CAUCUS CONTINUED TO GROW.
AND I REMEMBER DENNY RUNNING FOR MAYOR AND WE
WERE AT A MEETING AT THE HILTON AND HIS SON CAME TO THE MEETING, AND
WE DIDN'T KNOW THAT HE WAS DENNY'S SON. THERE WAS A LITTLE CAUCUS IN
THE BACK BECAUSE WE WERE SAYING, WHO IS THIS WHITE GUY DOING HERE?
(LAUGHTER)
WE WERE ABOUT TO KICK HIM OUT OF THE MEETING, ROGER
GREEN AND A COUPLE OF US, BUT WE QUICKLY RECOGNIZED THAT HE WAS THE
DISTINGUISHED SON OF OUR CANDIDATE FOR MAYOR AND THE TENSION EASED.
DENNY SPENT A LOT OF TIME IN JAMAICA, YOU KNOW, AND HE HAD THIS PLACE
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IN JAMAICA THAT IF YOU REALLY KNEW DENNY WELL, HE WOULD LET -- AND YOU
WERE GOING TO JAMAICA, HE WAS VERY KIND AND GRACIOUS AND GENEROUS
AND WOULD LET YOU USE THE PLACE AND DIDN'T CHARGE YOU ANY MONEY.
THAT WAS REALLY KIND. BUT THEN DENNY WOULD GO TO JAMAICA A LOT AND
THEN I SAID, DENNY, WHEN WAS THE LAST TIME YOU WENT HOME? AND HE
SAID, I DON'T -- AND I HAVEN'T BEEN THERE FOR QUITE AWHILE AND I DON'T
KNOW WHEN I'M GOING TO GO BACK. AND I SAID, WHY? HE SAID, WELL,
THERE'S A MOSQUITO PROBLEM IN JAMAICA AND THE MOSQUITOS HAVE THIS
FEVER, OR THIS DISEASE CALLED ZIKA. SO I SAID, DENNY, I'VE BEEN TO
JAMAICA THREE TIMES THIS YEAR AND ZIKA IS NOT A BIG PROBLEM. IT'S ONE
IN A COUPLE OF HUNDRED THOUSAND THAT WILL GIVE YOU THE ZIKA. AND HE
SAID, WELL, I'M THAT ONE, AND I'M NOT GOING TO GO TO JAMAICA AND GET BIT
BY A MOSQUITO AND DIE DOWN THERE. SO, HE DIDN'T GO BACK TO JAMAICA
FOR, I DON'T KNOW - DID HE EVER GO BACK - BECAUSE HE DIDN'T WANT TO BE
THAT ONE IN THE NUMBER THAT WOULD GET THE ZIKA.
DENNY, I WILL MISS YOU, AS WE ALL DO. AND WE DIDN'T
EXPECT HIM TO GO SO QUICKLY. HOPED THAT HE WOULD HAVE BEEN AROUND
TO ENJOY HIS RETIREMENT MUCH LONGER, AND LOOKED FORWARD TO SEE HIM.
IT WAS MY HOPE THAT WE WOULD HAVE BEEN ABLE TO HONOR HIM AT OUR
CAUCUS NEXT YEAR, SINCE USUALLY YOU RESERVE THE BIG HONOR FOR SOMEONE
AFTER THEY HAVE RETIRED. SO, IT IS WITH GREAT SADNESS THAT WE HAD TO
MOURN HIM PASSING THIS YEAR. AND I WASN'T ABLE TO MAKE THE FUNERAL
THAT WAS -- TRIED SO HARD TO CHANGE MY FLIGHT TO GET BACK. THAT'S ONE
REGRET I HAVE. BUT I DID HAVE MY WIFE ATTEND ON MY BEHALF. AND THANK
YOU, MR. SPEAKER. WE MISS DENNY FARRELL, ALL OF US. THE CAUCUS LOST
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AN ICONIC LEADER. NEW YORK AND HARLEM LOST A GREAT LEGISLATOR,
SOMEONE WE'LL NEVER BE ABLE TO -- SOMEONE WHOSE SHOES WE'LL NEVER BE
ABLE TO FILL.
THANK YOU.
SPEAKER HEASTIE: MR. ENGLEBRIGHT.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER, FOR
THIS OPPORTUNITY TO SPEAK. I JUST WANT TO, IN PARTICULAR, HONOR THE
MEMORY OF MAURICE HINCHEY. I FIRST MET MAURICE HINCHEY IN 1984.
THAT'S HOW LONG I KNEW HIM. I HAD JUST BEEN ELECTED TO THE SUFFOLK
LEGISLATURE, AND HE CAME AT MY REQUEST, DOWN TO SUFFOLK COUNTY TO
TAKE A LOOK AT PINE BARRENS. AND I HAD THE PRIVILEGE -- THIS IS LONG
BEFORE TOM DINAPOLI PIONEERED THE PRESERVATION OF THE PINE BARRENS.
IT DIDN'T JUST HAPPEN OVERNIGHT, IT HAPPENED, IN PART, IN -- IN GOOD PART,
BECAUSE THERE WAS A VERY THOUGHTFUL PROCESS THAT LED TO THE SOLUTION OF
THIS PUZZLE OF HOW TO PROTECT IN -- IN ONE OF THE MOST SPRAWLING -- IN
FACT, IN THE AREA WHERE WE INVENTED SUBURBIA, HOW TO PROTECT OVER
100,000 SQUARE ACRES. THE MAN WHO HELPED FIRST FROM NEW YORK
STATE WAS MAURICE -- MAURICE HINCHEY. HE CAME DOWN AND WE TOURED
MANORVILLE, WE WENT OUT TO THE HEADWATERS OF THE PECONIC RIVER, AND
HE BEGAN TO WORK ON THAT PROBLEM IN -- IN MY FIRST YEAR AS A COUNTY
LEGISLATOR. I HAVE TO TELL YOU, HE WAS AN INSPIRATION. HE WAS STRONGLY
SUPPORTIVE, ENCOURAGING IN EVERY WAY. THOUGHTFUL, HONORABLE, AND HE
HAD HIS EYES ON THE HORIZON. AND HE HAD A VISION FOR PROTECTING THE
ENVIRONMENT THAT MADE HIM STAND OUT, IN MY MIND, AS ONE OF THE GREAT
ENVIRONMENTALISTS OF OUR TIME. HE WAS CARRYING OUT THE VISION OF
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RACHEL CARSON, WHO HAD HELPED LAUNCH THE ENVIRONMENTAL MOVEMENT
IN THE EARLY 1960S, AND HE WAS METHODICALLY AND SYSTEMATICALLY GOING
FORWARD TO EVOLVE THE POLICIES, PROCEDURES AND METHODOLOGY FOR
PROTECTING THE ENVIRONMENT THAT WE ALL TAKE FOR GRANTED TODAY. BUT HE
HELPED MAKE SO MUCH POSSIBLE THAT I REALLY JUST THINK IT'S IMPORTANT TO
PLACE IN PERSPECTIVE THE ROLE HE PLAYED DURING THOSE FORMATIVE YEARS
WHERE THERE WAS A, AGAIN, A SOLUTION BEING EVOLVED ON HOW TO TAKE THE
OLD DEPARTMENT OF CONSERVATION, THAT BASICALLY ISSUED HUNTING
LICENSES, AND TRANSFORM IT -- AND I HAVE TO TIP MY HAT ALSO TO MR.
GOTTFRIED -- TO TRANSFORM IT WITH HEALTH. FOR ALL PRACTICAL PURPOSES, THIS
WAS A NEW INVENTION, THIS DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
WHERE HUMAN HEALTH AND THE ENVIRONMENT IN THE LARGER SENSE -- NOT JUST
HUNTING AND FISHING AND TRAPPING -- WAS THE NEW PRIORITY. IT WAS PART
OF A NATIONAL MOVEMENT, AND NEW YORK HELPED LEAD THAT. AND IN NEW
YORK, MAURICE HINCHEY WAS THE ONE WHO WAS EVOLVING THAT THOUGHT
AND THOSE CONCEPTS AND THOSE SOLUTIONS. SO, THIS ISN'T JUST ANY
ENVIRONMENTALIST, THIS WAS PERHAPS THE LEADING ENVIRONMENTALIST IN THIS
PART OF OUR NATION. AND I THINK HE SHOULD BE REMEMBERED TODAY AS AN
ENVIRONMENTAL HERO OF THE FIRST ORDER. HE UNDERSTOOD HOW TO USE THE
TOOLS FOR PROTECTION OF THE ENVIRONMENT. HE BECAME THE
PERSONIFICATION OF PROTECTION FOR THE ADIRONDACKS, THE CATSKILLS, THE
GREAT RIVER THAT DRAINS MOST OF OUR STATE, THE HUDSON. INDEED, IF YOU
LOOK AT HIS LEGACY, HE PROTECTED THESE AREAS AND HE REALLY WAS THE
TALLEST TREE IN THE FOREST. HE LEAVES ALL OF US WITH A LEGACY THAT WE
SHOULD MAKE EVERY EFFORT TO CONTINUE; A LEGACY OF COURAGE, OF FEARLESS
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CONFRONTATION WHEN NECESSARY. HE DID THE SAME THING IN CONGRESS
AFTER HE LEFT HERE, AND I HAD THE PRIVILEGE OF SERVING WITH HIM HERE FOR
JUST ONE YEAR BEFORE HE WENT TO CONGRESS, WHERE HE CARRIED ON SIMILAR
TRADITIONS. HE LED THE EFFORT TO ALERT US ALL TO THE CONCERNS RELATING TO
THE PRACTICES RELATING TO FRACKING AND EXTRACTION OF NATURAL GAS FROM
BLACK SHALE.
HIS LEGACY IS THAT OF A GREAT NEW YORKER AND A GREAT
AMERICAN. I AM PRIVILEGED TO HELP REMEMBER HIM TODAY HERE TODAY. I
THINK THAT HE WILL BE REMEMBERED FOR A LONG TIME. MAY HIS SOUL REST IN
PEACE. THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MS. DICKENS.
MS. DICKENS: THANK YOU, MR. SPEAKER. AND THE
DAY'S BEEN LONG, SO I WILL BE SHORT. UNFORTUNATELY, I DID NOT GET TO
KNOW MIKE AND FRANK AS WELL AS SO MANY OF YOU, BUT DENNY FARRELL,
I'VE KNOWN FOR MOST OF MY LIFE. AND EVERYTHING THAT EVERYONE SAID IS
TRUE. BUT THAT'S THE SUPERHUMAN LEGISLATOR DENNY FARRELL. I WANT TO
TALK ABOUT THE HUMAN DENNY FOR A MINUTE. DAVID WEPRIN BROUGHT UP
ABOUT THE "WALL OF FAME" IN HIS OFFICE. WELL, IN DENNY'S OFFICE, WHEN
YOU WENT THERE, YOU WOULD ALWAYS SEE YOUR PHOTOGRAPH ON HIS WALL.
AND YOU WOULD BE SO IMPRESSED BECAUSE YOUR PHOTOGRAPH WOULD BE
ON HIS WALL. NEXT WEEK, WHEN JENNY JONES WENT, HER PHOTOGRAPH
WOULD BE UP ON THE THE WALL AND YOURS WOULD BE GONE.
(LAUGHTER)
DENNY ROTATED THAT WALL OF FAME LIKE HE HAD A ROLLING
PIN.
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NYS ASSEMBLY JUNE 12, 2018
(LAUGHTER)
BUT -- BUT MARCIA UNDERSTOOD IT. AND SO, MARCIA
WOULD COVER FOR HIM, BECAUSE WHEN YOU WENT BACK AND YOU LOOKED FOR
YOUR PICTURE, YOUR PHOTO, AND YOU WOULD SAY, WELL, WHERE AM I,
MARCIA WOULD COVER FOR HIM. THE SPEAKER SPOKE ABOUT DENNY'S
FATHER, WHO WAS A TAILOR WHO WAS FRIENDS WITH MY FATHER. IN 2005
WHEN I FIRST DECIDED TO RUN FOR THE CITY COUNCIL, WE HAD A MEETING AT
DENNY'S HOUSE, AND WHEN EVERYONE LEFT, HE ASKED ME TO STAY BEHIND,
HE HAD SOMETHING TO SAY TO ME. THE FIRST THING HE SAID TO ME WAS THAT I
WAS VERTICALLY CHALLENGED AND, THEREFORE, THAT I MUST ALWAYS WEAR HEELS
WHENEVER I WAS OUT. GOD, DID MY FEET HURT WHEN WE CAMPAIGNED.
AND IF HE COULD ONLY SEE ME NOW IN SNEAKERS.
(LAUGHTER)
THE NEXT THING HE SHOWED ME -- AND BARBARA, YOU
KNOW WHAT I'M TALKING ABOUT -- DENNY TALKED ABOUT CLOTHES, AND HE
TOLD ME HE GETS HIS SHIRTS MADE, AND THAT I NEEDED TO GET SUITS MADE AS
WELL. AND HE EXPLAINED TO ME THAT WHEN HE GOT HIS SHIRTS MADE, HE GOT
TWO COLLARS DONE AND TWO CUFFS -- OR FOUR CUFFS -- BECAUSE WHEN THE
COLLARS ON THE FIRST FRAYED, THAT HE COULD -- BECAUSE HE COULD SEW, HE
COULD TAKE THE COLLAR THAT COMES OFF AND SEW THE NEW ONES BACK AND ON
HE HAD A BRAND-NEW SHIRT. ONLY DENNY.
THE LAST THING THAT DENNY SAID TO ME WAS THAT WOMEN
WERE NOW WEARING PANTSUITS -- AND HE DISAGREED WITH THAT -- BUT THAT HE
REALIZED I WAS GOING TO WEAR A PANTSUIT. SO HE TOLD ME IN ORDER FOR ME
NOT TO LOOK LIKE A MAN, I NEEDED TO WEAR A LAPEL PIN, ALWAYS, ON ANY
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SUIT THAT I WORE SO THAT THEY COULD DIFFERENTIATE ME FROM A MAN. WHICH
I THOUGHT WAS EASY TO DO.
(LAUGHTER)
THE LAST THING WAS -- AND I THINK IT WAS IN 2008 WHEN
WE WENT TO BOSTON FOR THE DEMOCRATIC NATIONAL CONVENTION, DENNY
DROVE CAROL ROWAN AND I TO BOSTON. SIX HOURS WITH THE TOP DOWN AT
90 MILES PER HOUR --
(LAUGHTER)
-- AND MY HAIR FLAPPED IN THE WIND. DO YOU KNOW
WHAT WE LOOKED LIKE WHEN WE GOT TO BOSTON?
(LAUGHTER)
LASTLY, I WANT TO SAY THIS TO THE FAMILY, TO THANK THEM
FOR SHARING DENNY WITH US FOR SO MANY YEARS, BECAUSE I KNOW THAT
WHAT WE HAD, AND OUR GAIN WAS YOUR LOSS.
BUT THIS IS FOR SOPHIA: THAT IN 2016, WHEN I WAS
RUNNING FOR THIS SEAT, AND I SPOKE TO DENNY, OF COURSE, I -- I KNEW I HAD
HIS ENDORSEMENT, I THOUGHT I HAD HIS ENDORSEMENT, BUT I THOUGHT I
WOULD ASK ANYWAY. AND SO I ASKED HIM FOR HIS ENDORSEMENT. AND HE
THOUGHT ABOUT IT FOR A MINUTE, AND HE THEN SAID YES. YOU KNOW, HE
WOULD GIVE IT TO ME ON ONE CONDITION. I ASKED HIM, WHAT'S THAT? HE
SAID, WELL, I WILL ENDORSE YOU TO COME TO THE ASSEMBLY IF YOU AGREE
AND PROMISE THAT YOU WILL HELP TO GET SOPHIA ELECTED TO PUBLIC OFFICE.
(LAUGHTER)
BARBARA, DON'T LAUGH. YOU'VE GOT SOMETHING ON YOUR
HANDS WITH THAT ONE.
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(LAUGHTER)
SO I JUST, YOU KNOW, WANTED TO JUST TAKE A MOMENT TO
REFLECT UPON THE HUMAN DENNY. THE DENNY THAT, MAYBE, MANY PEOPLE
DIDN'T KNOW, BUT THAT GOD BLESSED -- BLESSED ME TO BE ABLE TO KNOW.
NOT LIKE -- LIKE, OF COURSE, LIKE AL TAYLOR, NOT LIKE, OF COURSE, HIS
FAMILY, BUT AS -- AS AN EXTENDED PART OF THE FAMILY, AND TO PUBLICLY
THANK THEM FOR ALLOWING HIM TO BE THE HERMAN "DENNY" FARRELL THAT
WE ALL KNOW, LOVE AND RESPECTED.
THANK YOU.
SPEAKER HEASTIE: MR. RAMOS.
MR. RAMOS: I, TOO, SENSE -- SHARE THE SAME SENSE
OF LOSS, AND I WOULD LIKE TO ALSO THANK THE FAMILIES FOR SHARING. YOU
KNOW, I HAD THE PLEASURE OF SITTING NEXT TO FRANK SKARTADOS IN -- IN
CONFERENCE AND GOT TO KNOW HIM VERY WELL. WE SHARED A LOT OF THINGS
IN OUR DISTRICT, WORKED ON A LOT OF LEGISLATION HAVING TO DO WITH GANG
VIOLENCE TOGETHER. I DON'T KNOW IF A LOT OF PEOPLE KNOW, BUT FRANK
SPOKE SPANISH WITH A PUERTO RICAN ACCENT. HE WAS FLUENT. IN FACT, FOR
THE FIRST YEAR, I -- I THOUGHT HE WAS PUERTO RICAN AND THAT -- THAT IS A --
HE IS A GREAT LOSS TO US.
WITH DENNY, YOU KNOW, I THINK DENNY WAS A RIGHT OF
PASSAGE FOR EVERYBODY WHO CAME HERE. WHEN WE FIRST CAME, DENNY
SEEMS TO BE THE FIRST PERSON TO REACH OUT A HAND, TO GIVE YOU SOME
ADVICE, TO REALLY BE A MENTOR TO -- TO US. AND I REMEMBER MY FIRST
YEAR, WHEN I SAW HIM DEBATE THE BUDGET HERE, AS WE ALL HAVE, HOURS
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UPON HOURS OF STANDING HERE, ANSWERING QUESTIONS. AND I WOULD LISTEN
TO HIM SOMETIMES, AND I WOULD HEAR HIS ANSWERS AND I DIDN'T
UNDERSTAND ANYTHING HE WAS TALKING ABOUT.
(LAUGHTER)
AND -- AND I SAID TO MYSELF, THIS GUY'S AT ANOTHER
LEVEL. I MEAN, IT -- I JUST DON'T UNDERSTAND IT. AND I REMEMBER, I WENT
TO HIM AND I WAS TALKING TO HIM ONE DAY AND I TOLD HIM THAT. I SAID,
YOU KNOW, SOMETIMES WHEN YOU ANSWER, YOU DON'T -- IT -- YOU -- IT'S SO
COMPLICATED. I DON'T KNOW HOW YOU STAY ON TOP OF IT, ALL THESE THINGS,
BECAUSE IT -- I -- I CAN'T MAKE HEADS OR TAILS OF IT. I -- YOU KNOW, IT
DOESN'T MAKE SENSE TO ME. AND HE SAYS -- AND DENNY SAID TO ME, NO,
BUT YOU'RE RIGHT. I'M NOT MAKING SENSE. AND SOMETIMES THE PERSON
WHO'S DEBATING ME IS TOO EMBARRASSED TO SAY THEY DON'T UNDERSTAND ME
AND THEY JUST MOVE ON TO THE NEXT SUBJECT.
(LAUGHTER)
AND -- BUT HE WILL FOREVER BE MISSED.
AND -- AND FOR MIKE SIMANOWITZ, HE WILL -- HIS SENSE
OF HUMOR, ESPECIALLY AT THE END OF SESSION WHEN THINGS WERE TIGHT, I
KNOW HE KEPT US LAUGHING. AND I WILL NEVER FORGET, IN CONFERENCE
WHENEVER SOMEBODY WOULD STAND UP, YOU KNOW TOWARDS, THE END OF
CONFERENCE, YOU KNOW, OR THE END OF BUDGET, ACTUALLY, WHERE WE'RE
RELIEVED THAT WE HAVE A BUDGET, SOME OF US GOT WHAT WE WANT, SOME
DIDN'T. BUT IF SOMEBODY HAPPENED TO STAND UP AND SAY, MR. SPEAKER, I
WANT TO THANK YOU FOR YOUR HARD WORK ON THIS -- ON THIS BUDGET AND FOR
LOOKING OUT FOR US AND DOING THE RIGHT THING, LIKE CLOCKWORK, WHEREVER
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SIMANOWITZ WAS SITTING, YOU WOULD HEAR THIS (MAKING KISSING SOUND
INTO MIC).
(LAUGHTER)
MAY GOD BLESS THEIR SOULS, AND GODSPEED TO THEIR
FAMILIES.
THANK YOU.
SPEAKER HEASTIE: MS. PHEFFER AMATO.
MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.
ON THAT NOTE, IF MICHAEL WAS HERE RIGHT NOW, HE WOULD SAY, WHAT ARE
YOU DOING, TALKING ABOUT ME FOR THIS LONG? HE WOULD NEVER HANDLE
THIS. HE WOULD SAY -- HE WAS THE TRUE DEFINITION OF HUMBLE. HE WOULD
SAY, I CANNOT BELIEVE IT'S BRONX NIGHT AND YOU'RE STANDING HERE STILL
TALKING ABOUT ME. WHAT ABOUT YOU? HOW ARE YOU DOING? AND THAT'S
WHAT I MISS THE MOST, THE FACT THAT HE WAS A TRUE, TRUE FRIEND. I'M -- I'M
LOOKING AT JENNIFER RIGHT NOW, AND I HAD THE PRIVILEGE OF SPENDING
EVERY MORNING FOR BREAKFAST WITH MICHAEL. I TOLD THE SPEAKER LAST
NIGHT, YOU KNOW, WHEN YOU FIRST GOT ELECTED, YOU KNOW, YOU'RE
ANXIOUS. AND I WOULD WAKE UP AT 5:30 IN THE MORNING AND I WOULD GO
DOWN TO HAVE BREAKFAST IN THE HOTEL AND MICHAEL WOULD BE THERE, AND
THAT STARTED OUR ROUTINE. AND WE NEVER TALKED ABOUT THIS PLACE, PER SE.
WE TALKED ABOUT OUR FAMILIES. AND, JEN, YOU AND THE KIDS ARE THE LOVE
OF HIS LIFE. YOU KNOW, THAT'S WHAT WE SPOKE ABOUT. WE HAD THIS LITTLE
SECRET SHOPPING THING GOING ON, HIM AND I, AND WE TOOK CARE OF OUR
FAMILIES BECAUSE THAT'S WHAT I ALSO NEEDED TO DO IN THE MORNING, WAS
TAKE CARE OF MINE. BUT WE ALL -- YOU KNOW, AS -- AS WE ALL MENTIONED
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BEFORE, WE TALKED ABOUT OUR RELATIONSHIPS AND OUR COLLEGIATE BEHAVIOR
THAT WE HAVE HERE, BUT MICHAEL WAS THE TRUE DEFINITION OF A FRIEND.
AND I LOOK AT MICHAEL CUSICK AND -- AND LOYALTY, BECAUSE MANY OF US
LAST YEAR -- TWO YEARS AGO EXPERIENCED ONE OF THE WORST SNOWSTORMS
HERE IN ALBANY. AND MICHAEL WAS THAT GUY THAT WHEN WE WERE
DESPERATE IN THE HOTEL, THAT HE TOOK THE -- HE TOOK THAT WALK FOR US TO
GET THAT SIX-PACK OF BEER.
(LAUGHTER)
AND I DON'T KNOW -- AS A ROCKAWAY BEACH GIRL, I DON'T
KNOW ANYTHING MORE THAT SAYS LOYALTY TO ME THAN A SIX-PACK OF BEER.
(LAUGHTER)
BUT HE WAS THAT GUY. HE WAS THE GUY WHEN IT SNOWED,
HE -- HE SHOVELED -- HE WIPED DOWN MY CAR. MOST OF US IN THE HOTEL
DIDN'T EVEN KNOW IT SNOWED, BUT HE WOULD GO OUT THERE -- I'M LOOKING
AT MIKE, WHAT A SNOOK -- AND HE WOULD GO OUT THERE AND HE WOULD
WIPE DOWN OUR CARS, OR WHEN IT DID SNOW THAT -- IT SNOWED THAT BAD
DAY, AND MICHAEL WENT TO WORK EARLY IN THE MORNING, AND MIKE -- WE
WERE AT BREAKFAST AND HE SAID, CUSICK, HE'S -- HE'S STUCK IN THE CAPITOL.
HE'S ALREADY AT THE CAPITOL. WHAT CAN I DO? I SAID, TAKE MY TRUCK.
AND HE WENT OUT TO GET HIS FRIEND. AND I THINK THAT'S WHAT I MISS MOST,
IS MY FRIEND. BECAUSE WE -- WE JUST -- YOU KNOW, IT -- IT'S JUST THAT PART
OF OUR RELATIONSHIPS THAT WE BUILD HERE IS THE FRIENDSHIPS. AND TO ME,
HE WAS PERFECT. AND EVERYTHING ABOUT HIM -- HE -- HE DIDN'T GIVE ONE
HINT OF ANYTHING. IT WAS ALWAYS ABOUT WHAT I NEEDED, WHAT COULD HE DO
FOR ME. WHEN I -- HE KNEW I WOULD DRIVE UP ON A SUNDAY AND I COULD
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SEE THE OTHER COMMITTEES SITTING UP THERE, MY FATHER. AND THEY'D SAY,
YOU'RE CRAZY TO DRIVE UP THERE. I WOULD SPEAK TO HIM FOR TWO HOURS ON
THE PHONE AS WE BOTH DROVE TO GET UP HERE ON SUNDAYS, AND I WILL MISS
THAT, AND I KNOW YOUR FAMILY DOES. BUT KNOW, AS HE DID, IF ANYTHING
YOU EVER NEED OF ME, I WILL BE THERE FOR YOU AS HE WAS FOR ME.
GOD BLESS YOU ALL.
SPEAKER HEASTIE: AS WE MENTIONED BEFORE,
MIKE'S FAVORITE NAME, MR. ABINANTI.
(LAUGHTER)
MR. ABINANTI: THANKS, MR. -- THANK YOU, MR.
SPEAKER.
(LAUGHTER).
AW, HERE WE GO.
(LAUGHTER)
SPEAKER HEASTIE: WE'RE FAMILY, WE CAN TELL THE
TRUTH HERE, RIGHT?
(LAUGHTER)
MR. ABINANTI: THAT'S FINE. YES, I WILL MISS
MICHAEL FOR THAT. THERE YOU GO, TIME. TIME. IT'S GOOD THAT I LOVE YOU
ALL YOU GUYS, YOU KNOW?
(LAUGHTER)
ANYWAY, I -- YOU KNOW, IT'S INTERESTING TO LISTEN TO
THIS. A GUY I USED TO PRACTICE LAW WITH EVERY DAY WOULD READ THE
OBITUARIES IN THE NEW YORK TIMES. AND I'D SAY, BUT YOU DON'T KNOW
THESE PEOPLE. WHY ARE YOU READING THIS? AND HE SAID, I'M LEARNING
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HISTORY. HISTORY IS WRITTEN BY PEOPLE, AND WHEN YOU READ THEIR
OBITUARIES, YOU LEARN A LOT ABOUT WENT ON BEFORE YOU. AND THIS IS A
GREAT INSTITUTION. AND IT'S FASCINATING TO SIT HERE AND LISTEN TO THE
INDIVIDUAL COMMENTS ABOUT PEOPLE WHO WENT BEFORE US, BECAUSE WE'RE
LEARNING WHAT WE'RE SUPPOSED TO BE DOING AND WHAT PEOPLE, GREAT
PEOPLE, DID BEFORE US.
I'M NOT GOING TO COMMENT ON MICHAEL AND DENNY,
BECAUSE PEOPLE WHO KNEW THEM MUCH BETTER THAN ME HAVE ALREADY.
JUST MY CONDOLENCES TO THE FAMILY AND THANK YOU FOR GIVING US TWO
GREAT PEOPLE.
I'D JUST LIKE TO COMMENT ON A COUPLE OF PEOPLE THAT
MOST OF US HERE JUST NEVER MET. ONE OF THEM IS LUIGI MARANO. I AGREE.
I HAD THE PRIVILEGE OF BEING THE ATTORNEY FOR AN ITALIAN ORGANIZATION OUT
IN BROOKLYN, AND I THINK MARANO WAS PROBABLY THE COUNSEL FOR THAT
ORGANIZATION 30 YEARS BEFORE ME. BUT IN THE ITALIAN-AMERICAN
COMMUNITY, HE WAS THE PILLAR OF THE COMMUNITY. HE WAS SO
WELL-RESPECTED, AND HE WAS THE GUY. HE WAS THE MAN. SO THANK YOU
FOR -- FOR MENTIONING HIM.
ANGELO ORAZIO. I HAD THE PRIVILEGE OF BEING COUNSEL
TO THE DEMOCRATIC STUDY GROUP HERE IN 1975, AND I GOT TO MEET ALL OF
THOSE DEMOCRATS WHO GOT ELECTED IN THAT SWEEP IN '74. ANGELO WAS
ONE OF THEM. ANGELO WAS JUST A GREAT MAN. AND HE TOOK ME UNDER HIS
WING. I HAD DINNER WITH HIM PROBABLY ONCE A WEEK. IT DIDN'T MATTER
THAT I WAS THIS BRAND-NEW LAWYER AND HE WAS AN ASSEMBLYMAN. BUT HE
TOOK ME OUT AND WE TALKED, AND I LEARNED A LOT ABOUT HIM AND ABOUT
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GETTING INTO POLITICS AND THE STUFF THAT HE WAS INTERESTED IN AS A PERSON.
MAURICE HINCHEY. I MET HIM AT THAT TIME ALSO, AND I
GOT TO SEE, AS EVERYBODY HAS SAID HERE, A REALLY DEDICATED PUBLIC
OFFICIAL. MAURICE INSPIRED ME AS WELL, JUST LIKE YOU SAID HE INSPIRED
YOU. ONE OF THE THINGS THAT HE DID THAT REALLY, I THOUGHT, WAS AMAZING,
HE WENT AFTER ORGANIZED CRIME AS THE CHAIRMAN OF A COMMITTEE. I THINK
KEVIN MENTIONED IT -- I THINK KEVIN MENTIONED IT BEFORE. AND HE DID A
REPORT, AND I WAS SO IMPRESSED WITH THAT REPORT THAT INSPIRED ME. I SET
UP A SOLID WASTE COMMISSION AS A COUNTY LEGISLATOR IN WESTCHESTER
COUNTY, AND I READ HIS REPORT. WE MODELED OUR -- OUR RESEARCH AND OUR
COMMITTEE HEARINGS ON WHAT HE DID. AND TO THIS DAY, ONE OF THE
EXHIBITS THAT WE USED TO PASS THAT LAW IS HANGING ON THE WALL IN MY
ASSEMBLY OFFICE. IT'S A ENLARGED COPY OF THE FRONT PAGE OF THE
ASSEMBLY REPORT ON ORGANIZED CRIME IN WESTCHESTER COUNTY -- IN -- ON
ORGANIZED CRIME IN -- IN NEW YORK STATE. SO, MAURICE HAD -- HAD AN
INFLUENCE THAT -- MOST OF US HERE NEVER SERVED WITH MAURICE. MOST
PEOPLE PROBABLY DIDN'T EVEN KNOW WHO HE WAS, BUT HE HAD A MAJOR,
MAJOR INFLUENCE ON THE DIRECTION OF NEW YORK STATE.
SO I'D JUST LIKE TO JOIN MY COLLEAGUES IN PAYING TRIBUTE
TO ALL OF THESE GREAT MEN. THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. MORELLE.
MR. MORELLE: THANK YOU, MR. SPEAKER. AS WE
CONCLUDE IN JUST A MOMENT AND ADJOURN WITH THE ADOPTION OF THIS
RESOLUTION, WE DO SO UNTIL 11:00 A.M., WEDNESDAY JUNE 13TH,
TOMORROW IS A SESSION DAY.
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MR. SPEAKER.
SPEAKER HEASTIE: THANK YOU.
ON THE RESOLUTION, THE MEMBERS WILL RISE TO INDICATE
THEIR SUPPORT AND IN MEMORY OF OUR COLLEAGUES. PARTICULARLY, AGAIN, TO
THE FARMER, TO THE TEDDY BEAR, AND AS MR. WEPRIN REMINDED ME, I USED
TO CALL DENNY "THE CHAIRMAN TO THE THIRD POWER." AS A SUGGESTION, I
-- I WANT TO GIVE A LITTLE CREDIT TO ASSEMBLYMAN CRESPO. NORMALLY, WE
GIVE A MOMENT OF SILENCE, BUT I THINK WE'RE GOING TO BREAK PROTOCOL.
AND BECAUSE OF THE GREAT LIST OF DISTINGUISHED LEGISLATORS INCLUDING THE
THREE THAT WE MOST RECENTLY SERVED WITH -- AND BEFORE I MENTION THAT, I
DO PERSONALLY ALSO WANT TO TELL THE FAMILIES OF -- OF DENNY AND -- AND
MIKE, I WANT TO THANK THEM FOR COMING UP HERE AND LISTENING TO THE
STORIES. I HOPE THEY BROUGHT YOU SOME COMFORT AND REMINDED SOME --
REMINDED YOU OF THE LOVE AND APPRECIATION THAT WE HAD FOR OUR
COLLEAGUES. BUT INSTEAD OF DOING THE MOMENT OF SILENCE, I THINK WE
SHOULD GIVE OUR COLLEAGUES A RESOUNDING STANDING OVATION.
(APPLAUSE/STANDING OVATION)
THE ASSEMBLY STANDS ADJOURNED.
(WHEREUPON, AT 8:16 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, JUNE 13TH AT 11:00 A.M., THAT BEING A SESSION DAY.)
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