WEDNESDAY, JANUARY 23, 2019                              12:13 P.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 MEMBERS AND

                    VISITORS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF TUESDAY, JANUARY 22ND.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I MOVE TO

                                          1



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, JANUARY

                    22ND AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I'D LIKE TO

                    PROVIDE A QUOTE FOR THE DAY.  THIS ONE IS, AGAIN, BY THE LATE GREAT DR.

                    MARTIN LUTHER KING.  IT SAYS, "AN INDIVIDUAL HAS NOT STARTED LIVING UNTIL

                    HE CAN RISE ABOVE THE NARROW CONFINES OF HIS INDIVIDUALISTIC CONCERNS

                    TO THE BROADER CONCERNS OF HUMANITY."  AGAIN, THAT'S DR. MARTIN LUTHER

                    KING, JR.

                                 MR. SPEAKER, MEMBERS HAVE ON THEIR DESKS THE MAIN

                    CALENDAR.  AFTER ANY INTRODUCTIONS, WHICH I KNOW THAT MEMBER ROZIC

                    HAS ONE; SHE WAS GOING TO SPEAK TO A RESOLUTION THAT IS ON THE CALENDAR.

                    AFTER THAT, WE WILL CONSENT THE MAIN CALENDAR AND TAKE UP THE

                    FOLLOWING BILLS ON DEBATE:  ON CALENDAR NO. 10, MR. SPEAKER, MR.

                    BENEDETTO HAS A BILL RELATING TO ASSESSMENTS AND TEACHER EVALUATIONS;

                    ON CALENDAR NO. 9, THE DREAM ACT IS SPONSORED BY

                    ASSEMBLYMEMBER DE LA ROSA; AND AT SOME POINT WE WILL TAKE UP A

                    RESOLUTION HONORING THE LIFE OF THE LATE DR. REVEREND MARTIN LUTHER

                    KING.

                                 FOR OUR MAJORITY MEMBERS, THERE WILL ALSO BE A NEED

                    FOR A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF TODAY'S SESSION AND

                    AS ALWAYS, MR. SPEAKER, I WILL CERTAINLY CONSULT WITH THE MINORITY TO

                    DETERMINE WHAT THEIR NEEDS ARE AS IT RELATES TO AFTER-CONFERENCE

                                          2



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    SESSION, AS WELL.

                                 WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, I THINK

                    WE CAN GET STARTED.  ANY INTRODUCTIONS?

                                 ACTING SPEAKER AUBRY:  YES.  WE DO HAVE

                    INTRODUCTIONS.

                                 MR. DANIEL ROSENTHAL FOR THE PURPOSES OF AN

                    INTRODUCTION.

                                 MR. ROSENTHAL:  THANK YOU, MR. SPEAKER.  I'D

                    LIKE TO INTRODUCE SAM AND RABBI STEWART, WHO ARE STANDING, WHO ARE

                    BOTH MY RESIDENTS AND RESIDE IN KEW GARDEN HILLS.  SAM IS NO STRANGER

                    TO ALBANY.  THIS IS HIS FIFTH VISIT HERE DURING HIS WINTER BREAK VACATION.

                    SAM IS CURRENTLY A STUDENT AT YESHIVA UNIVERSITY HIGH SCHOOL, LOCATED

                    IN WASHINGTON HEIGHTS AND WHEN HE'S NOT IN CLASS, HE SPENDS TIME IN

                    THE OFFICE OF GOVERNMENT RELATIONS AT YESHIVA UNIVERSITY.  IN HIGH

                    SCHOOL, SAM STARTED NYPAC, THE NEW YORK POLITICAL ACTION CLUB FOR

                    STUDENTS, WHICH ENCOURAGES YOUNG PEOPLE TO GET MORE INVOLVED IN

                    LOCAL POLITICS.  SAM, IN HIS SPARE TIME, ALSO DEVOTES A LOT OF TIME TO

                    LOCAL CIVIC MEETINGS AND COMMUNITY BOARDS AND LOCAL POLICE PRECINCT

                    COUNSEL MEETINGS.  HE HAS SERVED AS AN INTERN FOR MYSELF,

                    ASSEMBLYMAN DAVID WEPRIN AND SENATOR JOE ADDABBO.  I ASK, MR.

                    SPEAKER, THAT YOU EXTEND THE PRIVILEGES OF THE FLOOR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. ROSENTHAL, MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME YOU BACK, SAM, AND YOUR FATHER.  WE WELCOME YOU HERE TO

                    THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE

                                          3



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    FLOOR.  HOPE THAT YOU WILL CONTINUE TO COME BACK.  WE LOOK FORWARD TO

                    YOUR BRIGHT AND BRILLIANT FUTURE AND I'M SURE YOU WILL CAUSE DANIEL TO

                    HAVE A LITTLE NERVOUSNESS AS YOU GET TO (INAUDIBLE).  THANK YOU SO VERY

                    MUCH.  CONTINUE TO DO THE GREAT WORK YOU'RE DOING.  THANK YOU.

                                 (APPLAUSE)

                                 MS. JEAN-PIERRE.

                                 MS. JEAN-PIERRE:  I'D LIKE YOU TO HELP ME

                    WELCOME PRESIDING OFFICER DUWAYNE GREGORY, WHO HAS A LONG TIME

                    HISTORY OF SERVICE TO HIS COUNTRY, HIS COUNTY AND HIS COMMUNITY.

                    DUWAYNE ENLISTED IN THE UNITED STATES ARMY IN 1993.  HE THEN

                    COMPLETED OFFICER CANDIDATE SCHOOL AND WAS COMMISSIONED AS A

                    SECOND LIEUTENANT FIELD ARTILLERY.  FOLLOWING HIS MILITARY SERVICE,

                    PRESIDING OFFICER DUWAYNE GREGORY WORKED AS A CITIZEN-ADVOCATE FOR

                    THE TOWN OF BABYLON.  HE WAS THE FIRST -- HE WAS FIRST ELECTED TO THE

                    SUFFOLK COUNTY LEGISLATURE IN 2003 AND HAS SERVED AS THE FIRST

                    AFRICAN-AMERICAN PRESIDING OFFICER OF THE SUFFOLK COUNTY LEGISLATURE

                    IN 2014, AND HAS SERVED SIX TERMS SINCE THEN.  AND, IN 2008, HE

                    ACTUALLY GAVE ME MY FIRST SHOT IN GOVERNMENT.  SO, HE TRULY IS A SMART

                    MAN --

                                 (LAUGHTER)

                                 -- AND A MENTOR.  SO, WITHOUT FURTHER AD DIEU, MR.

                    SPEAKER, I ASK YOU TO WELCOME AND GIVE PRESIDING OFFICER DUWAYNE

                    GREGORY THE CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. JEAN-PIERRE, THE SPEAKER AND ALL THE MEMBERS, SIR, WE WELCOME

                                          4



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    YOU HERE TO THE NEW YORK STATE ASSEMBLY.  HAPPY TO SEE YOUR

                    COLLEAGUE DOING WELL IN GOVERNMENT.  WE HOPE THAT YOU WILL CONTINUE

                    THAT AND WE SALUTE THE ACCOMPLISHMENTS THAT YOU HAVE ALREADY

                    ACHIEVED AND LOOK FORWARD TO MORE FUTURE ACCOMPLISHMENTS AS WE

                    PASS THROUGH TIME.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. CRESPO FOR A [SIC] INTRODUCTION.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER.  I WANTED TO

                    TAKE THIS OPPORTUNITY TO WELCOME TO THE CHAMBER SOMEONE WHO IS NO

                    STRANGER TO THE CHAMBER.  MANY OF YOU KNOW THAT HE AND I WERE VERY

                    GOOD FRIENDS, SPEND A LOT OF TIME TOGETHER.  FOR THOSE OF YOU LUCKY

                    ENOUGH TO BE ON OUR CHRISTMAS CARD LIST, YOU KNOW JUST HOW CLOSE WE

                    ARE.  AND HE IS BACK WITH US TODAY FOR A SPECIAL OCCASION.  SOMEONE

                    WHO HAS BEEN A CHAMPION FOR -- FOR IMMIGRANTS RIGHTS AND FOR THOSE

                    THAT HAVE BEEN DENIED CERTAIN OPPORTUNITIES.  I KNOW THAT TODAY WE ARE

                    GOING TO TAKE UP AN IMPORTANT PIECE OF LEGISLATION THAT MATTERS TO MANY

                    OF US AND SPONSORED BY ONE OF MY GREAT COLLEAGUES, AND I'LL TRY TO MAKE

                    AN ANALOGY THAT REALLY SPEAKS TO WHAT FRANCISCO MOYA STANDS FOR.  AND

                    FOR THOSE OF YOU WHO WATCH FOOTBALL, YOU KNOW THAT SCORING A

                    TOUCHDOWN IS WHAT MATTERS, BUT YOU'VE GOT TO GET THROUGH THE FIELD.

                    AND I -- I WOULD SAY THAT HE'S THE CARSON WENTZ TO NICK FOLES WHO

                    WILL SEE US THROUGH TODAY.

                                 BUT I'M REALLY EXCITED TO WELCOME TO THE CHAMBER A

                    FORMER COLLEAGUE OF THIS BODY AND A GREAT CHAMPION FOR NEW YORKERS

                    NOW SERVING IN THE NEW YORK CITY COUNCIL, FORMER ASSEMBLYMAN,

                                          5



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    NOW COUNCILMAN FRANCISCO MOYA.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON BEHALF OF

                    ASSEMBLYMEMBER CRESPO, MYSELF AND THE ENTIRE HOUSE AND THE

                    SPEAKER, WE WELCOME YOU BACK, FRANCISCO.  HAPPY TO HAVE YOU AS MY

                    COUNCILPERSON.  MISS YOU IN ALBANY, BUT WE ARE ALWAYS CLOSE.  THANK

                    YOU SO VERY MUCH.  CONTINUE THE GREAT WORK AND AS A FORMER MEMBER,

                    YOU ARE ALWAYS WELCOME HERE AND ALWAYS HAVE THE PRIVILEGES OF THE

                    FLOOR.  GREAT TO SEE YOU.  GREAT DAY FOR YOU TO BE HERE.  THANK YOU SO

                    VERY MUCH.

                                 (APPLAUSE)

                                 RESOLUTION ON PAGE 3, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 47, MS.

                    ROZIC.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM JANUARY 27, 2019 AS HOLOCAUST REMEMBRANCE DAY

                    IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  MS. ROZIC ON THE

                    RESOLUTION.

                                 MS. ROZIC:  THANK YOU, MR. SPEAKER AND MADAM

                    MAJORITY LEADER.  JANUARY 27TH MARKS THE DAY THAT

                    AUSCHWITZ-BIRKENAU, THE LARGEST NAZI DEATH CAMP, WAS LIBERATED IN

                    1945.  IN 2005, THIS DATE WAS ESTABLISHED AS INTERNATIONAL HOLOCAUST

                    REMEMBRANCE DAY, A DAY TO RECOGNIZE AND REMEMBER THE SIX MILLION

                    JEWS AND MILLIONS OF OTHER MINORITY GROUPS, INCLUDING THE DISABLED AND

                    MEMBERS OF THE LGBTQ COMMUNITY, WHO WERE MURDERED IN THE

                                          6



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    HOLOCAUST.  MARTIN NIEMÖLLER WROTE IN HIS RENOWNED POEM ABOUT THE

                    HOLOCAUST, "FIRST THEY CAME FOR THE SOCIALISTS AND I DID NOT SPEAK OUT,

                    BECAUSE I WAS NOT A SOCIALIST.  THEN THEY CAME FOR THE TRADE UNIONISTS

                    AND I DID NOT SPEAK OUT, BECAUSE I WAS NOT A TRADE UNIONIST.  THEN, THEY

                    CAME FOR THE JEWS AND I DID NOT SPEAK OUT, BECAUSE I WAS NOT A JEW.

                    THEN THEY CAME FOR ME, AND THERE WAS NO ONE LEFT TO SPEAK FOR ME."

                                 HOLOCAUST REMEMBRANCE DAY SERVES TO MAKE SURE

                    THAT WE REMEMBER A PAINFUL PAST AND NEVER FORGET THE HORRORS OF THE

                    HOLOCAUST AND, MOST IMPORTANTLY, THAT WE SPEAK UP.  AS THE LAST

                    GENERATION OF HOLOCAUST SURVIVORS DIMINISHES, IT IS INCUMBENT ON US,

                    ALL OF US, TO CONTINUE REMEMBERING AND TELLING THEIR STORIES.  IN THIS

                    DIVERSE LEGISLATIVE BODY, WE COME TOGETHER TO COMMEMORATE AND

                    MEMORIALIZE THE LIVES THAT WERE CUT SHORT AND ALL OF THE POTENTIAL THAT

                    WAS LOST.

                                 HERE AT HOME, ANTI-SEMITISM HAS BEEN DRAMATICALLY

                    INCREASING, ALONG WITH RACISM, XENOPHOBIA, ISLAMOPHOBIA AND OTHER

                    FORMS OF INTOLERANCE.  TODAY, WE HONOR THE MEMORIES OF ALL THOSE WHO

                    PERISHED BY RENEWING OUR COMMITMENT TO SPEAKING OUT ON BEHALF OF

                    THE OPPRESSED AND FIGHTING HATE WHENEVER AND WHEREVER WE SEE IT, SO

                    THAT WE CAN ENSURE THAT "NEVER AGAIN" IS NOT JUST A CALL TO ACTION AND IT

                    IS NOT AN EMPTY PROMISE.  THANK YOU, AND MAY WE ALWAYS REMEMBER

                    THOSE WHO ARE NO LONGER WITH US AND THE GENERATIONS THAT HAVE COME

                    SINCE THEN.

                                 ACTING SPEAKER AUBRY:  ASSEMBLYMEMBER

                    EICHENSTEIN.

                                          7



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. EICHENSTEIN:  ON THE RESOLUTION.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                    SIR.

                                 MR. EICHENSTEIN:  I RISE TODAY TO SHARE MY

                    SUPPORT FOR MAKING JANUARY 27TH HOLOCAUST REMEMBRANCE DAY.  THAT

                    DAY, JANUARY 27TH, WAS THE DAY THAT THE LARGEST NAZI DEATH CAMP IN

                    AUSCHWITZ-BIRKENAU WAS LIBERATED DURING WORLD WAR II.  ALTHOUGH THE

                    HOLOCAUST ENDED OVER 70 YEARS AGO, AND THE SCARS FOR SURVIVORS AND

                    THEIR FAMILIES ARE STILL FRESH.  AS THE ASSEMBLYMEMBER FOR THE 48TH

                    ASSEMBLY DISTRICT, I REPRESENT AN AREA OF BROOKLYN THAT HAS THE HIGHEST

                    CONCENTRATION OF HOLOCAUST SURVIVORS AND FAMILIES OF HOLOCAUST

                    SURVIVORS THAN VIRTUALLY ANYWHERE IN THE COUNTRY.

                                 IT IS ALSO PERSONAL TO ME, AS I AM A GRANDSON OF FOUR

                    HOLOCAUST SURVIVORS.  MY GRANDPARENTS WERE WITNESSES TO THE WORST

                    EXAMPLE OF HUMANITY THAT ANYONE HAS EVER SEEN ON THIS PLANET.  WHILE

                    WE CANNOT UNDUE THE HORRORS OF THE PAST, WE CAN, WE MUST MAKE SURE

                    THAT SUCH UNSPEAKABLE ATROCITIES NEVER HAPPEN AGAIN, BECAUSE ANYONE

                    WHO FORGETS THEIR HISTORY IS DOOMED TO REPEAT IT.

                                 IT IS WITH THAT IN MIND THAT I SUPPORT THIS RESOLUTION,

                    AND I WANT TO THANK THE SPONSOR FOR THIS RESOLUTION RECOGNIZING JANUARY

                    27TH AS HOLOCAUST REMEMBRANCE DAY.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RAIA ON THE RESOLUTION.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  I, TOO, RISE IN

                    SUPPORT OF THIS RESOLUTION.  LAST WEEK, I HAD THE OPPORTUNITY -- THE SAD

                                          8



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OPPORTUNITY TO ATTEND THE FUNERAL OF A 95-YEAR-OLD HOLOCAUST SURVIVOR

                    WHO SURVIVED THE MOST UNIMAGINABLE THINGS, BUT YET, CAME TO THIS

                    COUNTRY, LIVED A FULL LIFE, RAISED GREAT KIDS AND -- BUT NEVER FORGOT THE

                    TORTURE THAT SHE AND HER FAMILY HAD TO ENDURE.  AND WITH THE RISE OF

                    ANTI-SEMITIC GROUPS ON BOTH SIDES OF THE POLITICAL SPECTRUM, IT'S VERY

                    IMPORTANT THAT WE TAKE TIME OUT OF OUR BUSY SCHEDULE TO REMEMBER

                    THOSE THAT SACRIFICED THEIR LIVES FOR THE HATRED OF OTHERS.  SO, THANK YOU

                    FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE.

                                 MR. LAVINE:  THANKS, MR. SPEAKER.  HOW FORTUNATE

                    ARE WE TO LIVE IN A LAND IN WHICH WE ARE GOVERNED BY A FIRST

                    AMENDMENT THAT SAYS THAT, CONGRESS, THAT IS THE STATE, SHALL MAKE NO

                    LAW RESPECTING THE ESTABLISHMENT OF RELIGION.  THAT MEANS WE WILL

                    NEVER HAVE A STATE RELIGION IN THE UNITED STATES OF AMERICA, BUT,

                    CONGRESS SHALL MAKE NO LAW ESTABLISHING A RELIGION OR PROHIBITING THE

                    FREE EXERCISE THEREOF.

                                 MY FAMILY IN THE UNITED STATES IS VERY SMALL.  THE

                    OVERWHELMING MAJORITY OF MY JEWISH RELATIVES NEVER LEFT EUROPE.

                    THEY WERE THERE WHEN THE WAR STARTED AND, AS A CHILD, I USED TO SEE

                    LETTERS FROM THEM ON ONION SKIN PAPER THAT MY GRANDMOTHER KEPT.

                    THOSE LETTERS ENDED IN THE LATE 1930S.  NO MORE LETTERS.  NOW, I HAD

                    ALWAYS WANTED TO HAVE THOSE TRANSLATED SO I COULD FIGURE OUT WHAT WERE

                    THEIR LIVES ALL ABOUT, BUT FAMILIES MOVE AND MOVE CONTINUALLY AND

                    WHEN MY PARENTS DIED I COULD NOT FIND THOSE -- THOSE LETTERS.

                                 THIS RESOLUTION SPEAKS FOR THOSE WHO CANNOT SPEAK FOR

                                          9



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THEMSELVES AND WITH THEIR MEMORY IN MIND, I RISE TO SUPPORT THIS

                    RESOLUTION AND, AGAIN, THANK GOD THAT WE LIVE IN A NATION IN WHICH

                    PEOPLE ARE NOT DISCRIMINATED AGAINST BECAUSE OF ANYONE'S RELIGIOUS

                    IDEAS.  THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. WEPRIN.

                                 MR. WEPRIN:  THANK YOU, MR. SPEAKER.  I, TOO, RISE

                    IN SUPPORT OF THIS RESOLUTION.  AS THE QUOTE WE HEARD FROM THE

                    REVEREND MARTIN NIEMÖLLER, IT'S VERY IMPORTANT THAT WE ALL SPEAK OUT

                    ANYTIME HATE RISES ITS UGLY HEAD AND -- RAISES ITS UGLY HEAD.  AND I

                    REPRESENT A VERY DIVERSE DISTRICT IN QUEENS AND, AS A RESULT, I'M

                    INVOLVED IN MANY ANTI-HATE CRIMES.  BUT IT'S VERY IMPORTANT, EVEN

                    THOUGH IT'S OVER 70 YEARS SINCE THE HOLOCAUST, THAT WE REMEMBER

                    HOLOCAUST REMEMBRANCE DAY AND WE ALL SPEAK OUT ANY TIME THERE'S

                    ANY INCIDENT ANYWHERE, BUT CERTAINLY ANTI-SEMITISM IS ON THE RISE IN

                    NEW YORK STATE, AS WELL AS THE UNITED STATES AND ALL OVER THE WORLD,

                    AND IT'S VERY IMPORTANT THAT WE ALL SPEAK OUT, ALL PEOPLE OF GOOD WILLS,

                    NOT PEOPLE OF ANY ONE PARTICULAR RELIGION OR ETHNIC BACKGROUND, BUT

                    EVERYONE, ANY TIME WE HAVE -- CERTAINLY ANYTIME WE HAVE ANY BIASED

                    CRIME, BUT CERTAINLY WHEN IT COMES TO GENOCIDE, AS WHAT HAPPENED

                    DURING THE HOLOCAUST.  IT'S SO IMPORTANT THAT EVERYONE SPEAK OUT.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.

                                         10



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  YES, MR. SPEAKER.  IF WE

                    CAN GO BACK TO OUR CALENDAR ON CONSENT AND GO TO PAGE 4, BILL NO.

                    108, CALENDAR NO. 2 BY LINDA ROSENTHAL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00108, CALENDAR NO.

                    2, L. ROSENTHAL, GOTTFRIED, BRONSON, SEAWRIGHT.  AN ACT TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO REQUIRING PRE-ADMISSION NOTIFICATION

                    OF POLICIES AUTHORIZING THE REFUSAL TO FOLLOW DIRECTIVES IN HEALTH CARE

                    PROXIES THAT ARE CONTRARY TO A HOSPITAL'S OPERATING PRINCIPLES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00212, CALENDAR NO.

                    3, GALEF, DINOWITZ, WILLIAMS, M. G. MILLER, BLAKE, D'URSO, ORTIZ,

                    HYNDMAN, COOK, SEAWRIGHT, JAFFEE, RAIA, BYRNE, NORRIS.  AN ACT TO

                    AMEND THE PUBLIC HEALTH LAW, IN RELATION TO CENTRAL VENOUS LINES.

                                 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.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  MEMBERS, I WANT TO TAKE THIS OPPORTUNITY TO REMIND US ALL

                    THAT THIS IS OUR FIRST VOTE OF THE DAY AND THE FASTER THINGS GO, THE SOONER

                    WE'LL BE INTO OUR RESPECTIVE CONFERENCES, IF THE MINORITY NEEDS ONE.

                                         11



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    SO, IF WE CAN STAY IN OUR SEATS AND TAKE OUR VOTES APPROPRIATELY WHEN

                    THEY'RE CALLED, I WOULD GREATLY APPRECIATE IT.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  YOU'RE WELCOME.

                    FIRST VOTE OF THE DAY, MEMBERS.  IF YOU ARE IN THE CHAMBER AND IN YOUR

                    SEATS, VOTE NOW.  IF YOU'RE IN THE SOUND OF OUR VOICE, PLEASE COME TO

                    THE CHAMBER AND CAST YOUR VOTE.  THANK YOU.

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER, AND CONGRATULATIONS TO MRS. GALEF FOR THE FIRST CONSENT VOTE OF

                    2019.

                                 ACTING SPEAKER AUBRY:  WELL, CERTAINLY.

                                 THANK YOU, MR. GOODELL.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00290, CALENDAR NO.

                    4, L. ROSENTHAL, DE LA ROSA, SEAWRIGHT, WALKER, DICKENS.  AN ACT TO

                    AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING FEMININE

                    HYGIENE PRODUCTS IN CHARTER SCHOOLS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00318, CALENDAR NO.

                    5, PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE, DICKENS, D'URSO,

                    COLTON, COOK, EPSTEIN, SEAWRIGHT, TAYLOR, WOERNER, MCDONOUGH,

                    JEAN-PIERRE, FERNANDEZ.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO INFORMING MATERNITY PATIENTS ABOUT THE RISKS ASSOCIATED WITH

                                         12



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    CESAREAN SECTION.

                                 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. A00407, CALENDAR NO.

                    6, CAHILL, SEAWRIGHT.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO PRIOR NOTICE OF PHYSICIAN PRIVILEGES IN NURSING HOME

                    RESIDENCY AGREEMENTS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE COULD

                                         13



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    GO TO PAGE 6, CALENDAR NO. 10, BILL NO. 783 BY MR. BENEDETTO AND

                    TAKE THAT ONE UP NEXT, AND THEN WE WILL SWING BACK TO PAGE 5 LATER.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00783, CALENDAR NO.

                    10, BENEDETTO, HEASTIE, NOLAN, PEOPLES-STOKES, JAFFEE, WEINSTEIN,

                    ABBATE, ABINANTI, ARROYO, AUBRY, BARNWELL, BARRETT, BARRON, BICHOTTE,

                    BLAKE, BRAUNSTEIN, BRONSON, BURKE, CAHILL, CARROLL, COLTON, COOK,

                    CRUZ, CUSICK, CYMBROWITZ, D'URSO, DE LA ROSA, DENDEKKER,

                    DICKENS, DILAN, DINOWITZ, ENGLEBRIGHT, EPSTEIN, FAHY, FALL,

                    FERNANDEZ, FRONTUS, GALEF, GLICK, GOTTFRIED, GRIFFIN, GUNTHER, HEVESI,

                    HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, JONES, JOYNER, KIM, LAVINE,

                    LENTOL, LIFTON, LUPARDO, MAGNARELLI, MCDONALD, MCMAHON, M. G.

                    MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PERRY, PHEFFER AMATO,

                    PICHARDO, PRETLOW, RAMOS, REYES, RICHARDSON, RIVERA, ROMEO, D.

                    ROSENTHAL, L. ROSENTHAL, RYAN, SANTABARBARA, SAYEGH, SCHIMMINGER,

                    SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE, TAYLOR,

                    THIELE, TITUS, WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI,

                    DIPIETRO, NORRIS, MORINELLO.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO STATE ASSESSMENTS AND TEACHER EVALUATIONS; AND TO AMEND

                    CHAPTER 56 OF THE LAWS OF 2014, AMENDING THE EDUCATION LAW RELATING

                    TO PROVIDING THAT STANDARDIZED TEST SCORES SHALL NOT BE INCLUDED ON A

                    STUDENT'S PERMANENT RECORD, IN RELATION TO MAKING CERTAIN PROVISIONS

                    PERMANENT.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                                         14



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BENEDETTO, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 AN EXPLANATION IS REQUESTED, MR. BENEDETTO.

                                 MR. BENEDETTO:  GOOD MORNING, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  GOOD MORNING, SIR.

                                 MR. BENEDETTO:  THIS BILL WOULD ELIMINATE THE

                    MANDATE THAT SCHOOL DISTRICTS USE STATE TEST SCORES IN TEACHER RATINGS.

                    THIS LEGISLATION WOULD RETURN THE DECISION BACK TO THE LOCAL SCHOOL

                    DISTRICTS AND MAKE SURE THAT ANY TEACHER EVALUATION SYSTEM IS THE

                    SUBJECT OF COLLECTIVE BARGAINING.  THE BILL WOULD ALSO KEEP THESE TEST

                    SCORES FROM BEING INCLUDED ON STUDENTS' PERMANENT RECORDS.

                                 THIS IS IDENTICAL TO A BILL THAT PASSED IN THIS CHAMBER

                    LAST JUNE BY A VOTE OF 133-1 AND WAS PASSED OUT OF THE EDUCATION

                    COMMITTEE LAST WEEK UNANIMOUSLY.  SO, I PRESUME THERE WILL BE VERY

                    LITTLE, IF ANY, DEBATE ON THIS PARTICULAR BILL.

                                 ACTING SPEAKER AUBRY:  MS. WALSH TO

                    DISPROVE MR. BENEDETTO'S THEORY.

                                 (LAUGHTER)

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR JUST A FEW QUESTIONS?

                                 MR. BENEDETTO:  ABSOLUTELY.

                                 ACTING SPEAKER AUBRY:  MR. BENEDETTO YIELDS.

                                 MS. WALSH:  THANK YOU.  MR. BENEDETTO, I WANTED

                    TO JUST KIND OF REVIEW WHAT THIS BILL DOES AND WHAT IT DOESN'T DO.  YOU

                    HAD MENTIONED IN YOUR EXPLANATION OF THE BILL THAT THIS WILL NOW SHIFT

                                         15



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THE AUTHORITY BACK TO THE LOCAL DISTRICTS TO MAKE DECISIONS ABOUT HOW

                    TEACHER AND PRINCIPAL EVALUATIONS ARE GOING TO TAKE PLACE, CORRECT?

                                 MR. BENEDETTO:  WELL, YES; ACTUALLY, THE DECISION

                    IS AT THE LOCAL LEVEL NOW.  WHAT IT WILL BE DOING IS IT WILL MAKE, IN

                    EVERY DISTRICT IN THE STATE, THE AGREEMENT BETWEEN THE SCHOOL DISTRICT

                    ITSELF AND THE UNION LEADERS REPRESENTING THE TEACHERS IN THAT DISTRICT TO

                    COME UP WITH AN EVALUATION PLAN THAT THEY CAN USE.  IT IS -- THERE IS NO

                    REQUIREMENT TO USE ANY STANDARDIZED STATE TEST TO MAKE THIS EVALUATION.

                                 MS. WALSH:  AND WHILE I AGREE WITH YOU THAT THIS

                    BILL DOES ELIMINATE FOR GRADES 3 THROUGH 8 THE USE OF ELA AND MATH

                    STATE ASSESSMENTS IN THIS EVALUATION PROCESS, DOESN'T THIS BILL ALSO SAY,

                    THOUGH, THAT THE COMMISSIONER OF EDUCATION, MS. ELIA, SHALL

                    PROMULGATE RULES AND REGULATIONS PROVIDING ALTERNATIVE ASSESSMENTS?

                                 MR. BENEDETTO:  ABSOLUTELY.  WE WANT TEACHERS

                    TO BE EVALUATED.  WE WANT ADMINISTRATORS TO DO THEIR JOB, TO LOOK AT

                    TEACHER PERFORMANCE TO MAKE SURE THEY'RE DOING RIGHT BY OUR CHILDREN.

                    AND BY AND LARGE, WE HAVE A WONDERFUL TEACHING FORCE IN THIS STATE

                    AND WE'RE VERY PROUD OF THEM, BUT THERE HAS TO BE A DETERMINATION OF

                    WHO'S GOING TO DO THIS AND HOW THEY'RE GOING TO DO THIS, OKAY.  AND

                    WHAT YOU WANT TO DO, IS YOU DO WANT TO MEASURE STUDENT PERFORMANCE

                    AND STUDENT GROWTH.  SO, SINCE WE DON'T WANT - OR MANY OF US DON'T

                    WANT RELIANCE ON THESE TESTS - THESE STATE TESTS THAT ARE MANDATED,

                    FEDERALLY MANDATED THAT THEY BE GIVEN IN EVERY GRADE FROM 3 TO 8, WE

                    DO SEE THE NEED FOR SOME ASSESSMENT TO BE DETERMINED.

                                 MS. WALSH:  RIGHT, SO --

                                         16



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. BENEDETTO:  WELL, WHO SHOULD DETERMINE

                    THAT?  WELL, THE PROFESSIONALS ACROSS THE STREET IN THE STATE EDUCATION

                    DEPARTMENT.  AND WHAT IS EXPECTED IS THAT THEY WILL COME UP WITH A

                    MENU, OF SORTS, OF ASSESSMENT POSSIBILITIES CAN BE USED IN JUDGING THE

                    TEACHER AND THE TEACHER PERFORMANCE, SUCH AS PORTFOLIO ASSESSMENTS OF

                    THE STUDENTS.

                                 MS. WALSH:  BUT BASED ON THE BILL THAT'S IN FRONT OF

                    US NOW, DO WE HAVE ANY INSIGHT AS TO WHAT WILL BE ON THIS MENU THAT

                    COMMISSIONER ELIA WILL BE DEVELOPING OF ALTERNATIVE ASSESSMENTS?

                                 MR. BENEDETTO:  WELL, RIGHT NOW THE SCHOOL

                    DISTRICTS ARE NOT USING THE STATE TESTS AS ASSESSMENT TOOLS AND THEY SEEM

                    TO BE GETTING ALONG QUITE WELL.  AND IF THEY CHOOSE, THIS BILL WILL ALLOW

                    THEM JUST TO CONTINUE ON USING THE ASSESSMENTS BEING USED RIGHT NOW,

                    AND THAT CAN BE LOCALLY-DEVELOPED ASSESSMENT TOOLS AS LONG AS THEY'RE

                    APPROVED BY THE STATE EDUCATION DEPARTMENT.  AND MANY OF THE

                    LOCALITIES HAVE THESE ASSESSMENT TOOLS ALREADY APPROVED BY SED.

                                 MS. WALSH:  BUT ISN'T IT TRUE THAT AS OF RIGHT NOW WE

                    DON'T KNOW WHAT ALTERNATIVE ASSESSMENTS COMMISSIONER ELIA MAY

                    COME OUT WITH?

                                 MR. BENEDETTO:  WELL, OF COURSE THIS LAW WOULD

                    AUTHORIZE SED TO COME UP WITH THE MENU OF AGREED-UPON ASSESSMENT

                    STANDARDS.  SO OBVIOUSLY UNTIL THEY DO THAT, WE DON'T KNOW WHAT THEY'RE

                    GOING TO PRODUCE.  BUT AS I SAID BEFORE, THEY WILL MOST LIKELY COME UP

                    WITH THINGS LIKE PORTFOLIO ASSESSMENTS.  YES, THEY MIGHT SAY SOMETHING

                    LIKE USING STANDARDIZED TESTS OR LOCALLY-PREPARED TESTS, BUT THAT'S

                                         17



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    NECESSARILY WHAT'S GOING TO HAPPEN AND, AT ANY RATE, BOTTOM LINE IS

                    WHEN IT IS FINALLY AGREED UPON, IT'S GOING TO BE NEGOTIATED BY ALL

                    INTERESTED PARTIES ON THE LOCAL LEVEL.

                                 MS. WALSH:  COULD IT BE THAT ONE OF THE ALTERNATIVE

                    ASSESSMENTS COULD BE ANOTHER THIRD-PARTY TEST?

                                 MR. BENEDETTO:  IT COULD BE IF THEY PRODUCE THAT,

                    YES, BUT WHAT ARE THE CHANCES THAT THE LOCAL INTERESTED PARTIES WILL

                    AGREE ON THAT?  WELL, I DON'T KNOW IF THAT'S A HIGH POSSIBILITY.

                                 MS. WALSH:  OKAY.  DOES THIS BILL, MR. BENEDETTO,

                    PROHIBIT THE USE OF STUDENT TEST SCORES IN TEACHER EVALUATIONS?

                                 MR. BENEDETTO:  DOES IT...

                                 MS. WALSH:  PROHIBIT IT.

                                 MR. BENEDETTO:  IT DOESN'T PROHIBIT IT IN THE SENSE

                    IF THEY WANT TO AGREE UPON -- LET'S PUT IT THIS WAY.  IT IS PROHIBITED

                    UNLESS THE LOCAL SCHOOL BOARD AND THE TEACHERS AGREE ON USING THEM.

                                 MS. WALSH:  OKAY.  DOES THIS BILL -- OH, I'M SORRY.

                    I DIDN'T MEAN TO INTERRUPT YOU.

                                 MR. BENEDETTO:  I'M SORRY.  I DIDN'T HEAR.

                                 MS. WALSH:  NO, NO.  I WANTED TO ASK IF THIS BILL

                    WOULD END THE USE OF INDEPENDENT EVALUATORS FOR TEACHER EVALUATIONS?

                                 MR. BENEDETTO:  THE INDEPENDENT EVALUATORS WILL

                    STILL BE THERE.  THEY STILL WILL BE PERMITTED TO COME INTO THE SCHOOLS;

                    HOWEVER, IF A SCHOOL DISTRICT WANTS TO OPT-OUT OF THAT, THEY CAN PETITION

                    SED VERY SIMPLY RIGHT ONLINE TO DO IT, IF THEY WANT TO OPT-OUT, AND SAVE

                    THEMSELVES SOME MONEY.

                                         18



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. WALSH:  OKAY.  IS IT YOUR OPINION, THEN, THAT

                    THE BILL ALLOWS LOCAL SCHOOL BOARDS, SUPERINTENDENTS AND UNIONS TO

                    NEGOTIATE WHATEVER EVALUATION SYSTEM THEY FEEL IS BEST FOR THEIR LOCAL

                    SCHOOL DISTRICT, OR DOES IT CONTINUE TO IMPOSE RESTRICTIONS ON WHAT THEY

                    CAN AND CANNOT INCORPORATE?  IN ESSENCE, DOES THIS BILL ALLOW FOR FULL

                    LOCAL CONTROL?

                                 MR. BENEDETTO:  DOES IT ALLOW FULL LOCAL CONTROL?

                    YES, IN THE SENSE THE LOCALITIES ARE FREE TO DO ANYTHING THEY WANT TO DO

                    AS LONG AS THE UNION AND THE LOCALITIES AGREE ON COMING UP WITH THE

                    EVALUATION PROCESS.

                                 MS. WALSH:  AND AS LONG AS THE -- WHAT THEY WANT

                    TO DO IS PART OF THE, TO USE YOUR PHRASE, "THE MENU OF OPTIONS" THAT'S

                    GOING TO BE PROMULGATED AND PUT FORWARD BY SED, CORRECT?

                                 MR. BENEDETTO:  CORRECT.

                                 MS. WALSH:  SO, MR. BENEDETTO, YOU AND I HAD HAD

                    A BRIEF DISCUSSION AFTER COMMITTEE LAST WEEK ABOUT, AND I THINK I RAISED

                    DURING COMMITTEE THAT THE NEW YORK STATE SCHOOL BOARDS ASSOCIATION

                    DID EXPRESS SOME RESERVATIONS AND CONCERNS ABOUT THE BILL IN ITS

                    PRESENT FORM AND THAT THEY WERE REQUESTING SOME AMENDMENTS.  SO, IN

                    ESSENCE, WHAT THEY SEEK TO DO IS EXPAND THE SCOPE OF THE CHANGES AND

                    LIMIT THE POTENTIAL FOR ADDITIONAL TESTING OF STUDENTS.  THAT THAT'S A

                    CONCERN THAT WE DON'T WANT DUPLICATIVE AND ADDITIONAL TESTING TO FALL ON

                    THE STUDENTS.  SO, THEIR AMENDMENT REQUEST WOULD ALLOW SCHOOL

                    DISTRICTS TO SELECT THE MEASURE OR MEASURES OF STUDENT PERFORMANCE THAT

                    WOULD BE USED AND WOULD BE AUTHORIZED TO IMPLEMENT THESE LOCAL

                                         19



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OPTIONS AT THEIR DISCRETION, FULL LOCAL CONTROL; TO REMOVE THE THREAT OF

                    ANY STATE AID LOST IF A DISTRICT DOESN'T HAVE AN ANNUALLY APPROVED APPR

                    PLAN TO ELIMINATE THE REQUIREMENT FOR USE OF THESE INDEPENDENT

                    OBSERVERS AND TO RESTORE THE PERMISSIVE USE OF CURRENTLY PROHIBITED

                    EVALUATION ELEMENTS, SUCH AS LESSON PLANS AND OTHER ARTIFACTS OF

                    TEACHING AND PARENT AND TEACHER SURVEYS.  DO YOU HAVE AN OPINION AS

                    TO THOSE PROPOSED AMENDMENTS OR CHANGES THAT ARE BEING REQUESTED?

                                 MR. BENEDETTO:  I THINK, NUMBER ONE, IT'S

                    IMPORTANT TO NOTE THAT THOSE -- THAT THE SCHOOL BOARD ASSOCIATION ARE

                    NOT AGAINST THE BILL.  THEY WOULD LIKE THE BILL, AT LEAST IN THEIR MIND, TO

                    BE MADE A LITTLE BETTER AND THEY HAVE PROPOSED CERTAIN AMENDMENTS TO

                    IT.  I DON'T KNOW IF I NECESSARILY AGREE WITH ALL OF THESE AMENDMENTS

                    THAT THEY ARE PROPOSING; HOWEVER, I THINK IN GENERAL WHAT WE HAVE ON

                    BOTH SIDES OF THIS PARTICULAR ISSUE IS AN AGREEMENT THAT WHILE THIS BILL IS

                    NOT A PERFECT BILL - AND WE ALL KNOW MAKING A PERFECT BILL GENERALLY IS

                    IMPOSSIBLE - BUT IT'S A GOOD BILL AND IT SATISFIES THE WANTS OF BOTH SIDES

                    OF THIS ARGUMENT, THE DECOUPLING OF -- OF TESTING IN THE -- IN THE TEACHER

                    EVALUATIONS.  AND I THINK WE HAVE GOT A PRODUCTIVE BILL HERE THAT WILL

                    WORK AND I BELIEVE GOING FORWARD IF, INDEED, IT NEEDS SOME TWEAKING,

                    WE CAN ALWAYS REVISIT THIS BILL.  HOPEFULLY NOT, BUT I HAPPEN TO THINK

                    THIS BILL IS GOING TO WORK OUT QUITE WELL GOING FORWARD AND BOTH SIDES

                    ARE GOING TO BE HAPPY WITH IT.

                                 MS. WALSH:  THANK YOU, MR. BENEDETTO, FOR YOUR

                    CLARIFICATION AND YOUR INSIGHTS.

                                 MR. BENEDETTO:  YOU'RE WELCOME.

                                         20



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 ACTING SPEAKER AUBRY:  MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    BENEDETTO?

                                 MR. BENEDETTO:  ABSOLUTELY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RA:  THANK YOU, MR. BENEDETTO AND HAPPY TO

                    HAVE THE OPPORTUNITY TO DISCUSS THIS WITH YOU AFTER MANY, MANY TIMES

                    DISCUSSING EDUCATION BILLS WITH MS. NOLAN, SO...

                                 MR. BENEDETTO:  YES.  AND LET ME TELL YOU, I

                    STAND HERE IN AWE OF MY PREDECESSOR TRYING TO FILL WHAT I CONSIDER BIG

                    SHOES, BUT I WILL ENDEAVOR TO BE AS PROFESSIONAL AS SHE HAD BEEN OVER

                    THE YEARS.

                                 MR. RA:  WELL, WE WISH YOU WELL, AND ON THE

                    MINORITY SIDE, WE'LL BE JUST AS COOPERATIVE AS WE WERE WITH THE

                    PREVIOUS CHAIR.

                                 (LAUGHTER)

                                 JUST A FEW QUESTIONS WITH REGARD TO THIS.  YOU KNOW,

                    ONE OF THE CONCERNS THAT'S BEEN RAISED WITH THIS AND WE ALL KNOW THE --

                    OR MANY OF US AT LEAST KNOW THE HISTORY OF THIS ISSUE, BUT WHAT IS BEING

                    LEFT IN PLACE WITH THIS CHANGE?  IS IT THAT KIND OF PEOPLE HAVE CALLED IT

                    THE MATRIX THAT KIND OF, YOU KNOW, DIVVIES UP THE DIFFERENT ELEMENTS

                    AND HOW THE ULTIMATE SCORE IS ACHIEVED.  THAT REMAINS IN PLACE --

                                 MR. BENEDETTO:  THAT REMAINS IN PLACE, CORRECT.

                                         21



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RA:  OKAY.  AND THERE'S A FEW DIFFERENT SECTIONS

                    OF THE CURRENT 3012(D) THAT ARE BEING, YOU KNOW, STRUCK OR AMENDED

                    WITH THIS, BUT ONE SECTION OF -- OF INTEREST TO ME, AT LEAST, THERE IS, IN

                    SECTION 6 OF THE CURRENT LAW ARE CERTAIN ELEMENTS THAT HAD BEEN USED BY

                    LOCAL DISTRICTS IN THE PAST, BUT ARE PROHIBITED UNDER THE CURRENT LAW.  IS

                    THERE ANY CHANGE OR NEW FLEXIBILITY WITH REGARD TO USING THOSE

                    ELEMENTS IN THIS BILL?

                                 MR. BENEDETTO:  THE ELEMENTS WILL REMAIN THE

                    SAME I'M BEING TOLD.

                                 MR. RA:  OKAY.  SO NONE OF THOSE ELEMENTS THAT WERE

                    PREVIOUSLY PROHIBITED WILL BE ALLOWED TO BE --

                                 MR. BENEDETTO:  THAT IS CORRECT.

                                 MR. RA:  -- PART OF THIS LOCAL NEGOTIATION, CORRECT?

                    OKAY.  AND THEN THE LAST POINT I WANTED TO RAISE:  AS WE ALL KNOW, THIS

                    WAS, YOU KNOW, THE CURRENT LAW WAS PUT FORWARD, YOU KNOW, IN A

                    BUDGET YEARS AGO.  THERE WAS A LOT OF OPPOSITION, OBVIOUSLY, WITH THE

                    LEGISLATURE WITH REGARD TO THIS AND ONE OF THE ISSUES THAT CAME UP WAS

                    TYING THIS TO FUNDING.  YOU KNOW, TYING THIS TO HAVING TO IMPLEMENT

                    SOMETHING IN ORDER TO GET INCREASE IN STATE AID.  IS THAT STILL GOING TO BE

                    PART OF THE LAW?

                                 MR. BENEDETTO:  I DON'T THINK ANY LOCAL ENTITY

                    WILL BE DENIED FUNDS UNDER THIS BILL.

                                 MR. RA:  OKAY.  THANK YOU, MR. BENEDETTO.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR. RA.

                                         22



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RA:  SO, AS MUCH AS WE'VE HAD, YOU KNOW,

                    OBVIOUSLY A BUSY COUPLE WEEKS UP HERE, NOW I REALLY FEEL LIKE WE'RE

                    INTO THE SESSION BECAUSE WE'RE TALKING ONCE AGAIN ABOUT TEACHER

                    EVALUATIONS.  YOU KNOW, THIS IS A TOPIC THAT THOSE OF US WHO HAVE BEEN

                    HERE A NUMBER OF YEARS AND FOR NEW MEMBERS, WE'VE DISCUSSED MANY

                    TIMES IN THIS CHAMBER.  I HAVE TALKED ABOUT IT AS, YOU KNOW, BEING LIKE

                    THE CHARLIE BROWN CARTOON WHERE RIGHT AS HE'S ABOUT TO KICK THE BALL,

                    WE GET PULLED AWAY BECAUSE WE'VE MADE SO MANY DIFFERENT CHANGES TO

                    THIS SYSTEM OVER THE YEARS.  AND EACH TIME WE MAKE ONE OF THOSE

                    CHANGES, YOU KNOW, THERE'S A NEGOTIATION LOCALLY, THERE'S A COST TO THE

                    DISTRICTS IMPLEMENTING IT AND I THINK THE MORE THINGS CHANGE, THE MORE

                    THEY REMAIN THE SAME.  BECAUSE WHAT WE END UP WITH IS BASICALLY SOME

                    TYPE OF NEGOTIATED STATUTE THAT DOESN'T REALLY REFLECT THE DATA AND THE

                    SCIENCE OF WHAT MAKES GOOD INSTRUCTION.  AND THAT'S A SHAME FOR -- FOR

                    OUR STATE, THAT'S A SHAME FOR THE KIDS OF OUR STATE AND FOR OUR TEACHERS,

                    THAT WE DON'T HAVE A SYSTEM THAT REFLECTS DIFFERENT THINGS THAT WE -- WE

                    HAVE SEEN AND THAT -- THAT PEOPLE HAVE DONE RESEARCH HAVE FOUND

                    MAKES GOODS INSTRUCTION.

                                 AND, UNFORTUNATELY, WITH THIS CHANGE LAST YEAR, YOU

                    KNOW, I KNOW WE DID THIS BILL AND I KNOW IT OVERWHELMINGLY PASSED,

                    BUT MANY OF US I THINK FELT, OKAY, LET'S MOVE THE BALL FORWARD.  LET'S SEE

                    IF WE CAN GET THE SENATE TO VISIT THIS ISSUE AND IT'LL KEEP THE

                    CONVERSATION GOING.  AND WE'RE NO LONGER IN THAT SITUATION.  WE'RE IN A

                    VERY DIFFERENT SITUATION RIGHT NOW.  I KNOW THERE'S BEEN A CHANGE IN THE

                    CONTROL OF THE SENATE.  WE ACTUALLY HAVE THIS LANGUAGE IN THE PROPOSED

                                         23



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    EXECUTIVE BUDGET WHICH IS I GUESS, YOU KNOW, SOMEWHAT MONUMENTAL

                    GIVEN THAT THIS WAS SOMETHING THAT WAS RAMMED DOWN OUR THROATS IN

                    THE LEGISLATURE BY THE EXECUTIVE IN THE BUDGET A FEW YEARS AGO.  IT HAD

                    NOTHING TO DO WITH WHAT WE THOUGHT MADE GOOD INSTRUCTION, WOULD BE

                    A GOOD SYSTEM FOR THE STUDENTS OF THE STATE.  IT HAD EVERYTHING TO DO

                    WITH -- WITH POLITICS AND POLITICAL RETRIBUTION BY THE EXECUTIVE.  AND

                    WE ENDED UP BECAUSE OF, YOU KNOW, THE POWERS THAT COME WITH THE

                    BUDGET PROCESS, WE ENDED UP WITH A BAD SYSTEM THAT EVERYBODY KNEW

                    FROM DAY ONE WASN'T GOING TO WORK, THAT EVERYBODY KNEW FROM DAY ONE

                    WASN'T GOING TO ACCURATELY EVALUATE OUR TEACHERS, BUT WHAT'S THAT WE

                    ENDED UP WITH.  AND DESPITE HAVING JUST SIX MONTHS BEFORE OR SO FROM

                    THAT TIME, HAD THE CONVERSATION ABOUT ACTUALLY REDUCING THE USE OF

                    STANDARDIZED TESTING AND TESTING IN TEACHER EVALUATIONS, WE SUDDENLY

                    HAD IT AT 50 PERCENT.

                                 SO, ARE WE MOVING THE BALL FORWARD HERE IN SOME

                    WAYS?  YES.  YOU WON'T BE, YOU KNOW, FORCED TO USE THESE STATE TESTS

                    THAT HAVE BECOME SUCH A PROBLEM WITH -- WITH THE TEACHER EVALUATIONS.

                    BUT, UNFORTUNATELY, YOU STILL WILL HAVE 50 PERCENT SOME TYPE OF TESTING

                    IN TEACHER EVALUATIONS WHERE THE SCIENCE AND DATA SHOWS IT SHOULD

                    PROBABLY BE SOMEWHERE AROUND 10 PERCENT.  AND HERE'S MY REAL

                    CONCERN.  WE CAN SAY, OKAY, WE'RE MAKING A CHANGE AND WE CAN

                    ALWAYS REVISIT IT LATER.  ENOUGH.  LET'S GET THIS RIGHT.  IT'S BEEN DATING

                    BACK TO, YOU KNOW, RACE TO THE TOP AND THE FEDERAL MANDATES ON HOW

                    WE HAD TO USE TEACHER EVALUATIONS -- WE HAD TO USE TESTING TEACHER

                    EVALUATIONS.  THOSE HAVE BEEN RELAXED.  HOW MANY TIMES ARE WE GOING

                                         24



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    TO CHANGE THIS?  HOW MANY TIMES ARE WE GOING TO MAKE OUR DISTRICTS

                    AND OUR TEACHERS GO BACK, NEGOTIATE A NEW SYSTEM, DEAL WITH THE

                    EXPENSE OF IMPLEMENTING IT AND STILL HAVE SOMETHING THAT THEY DON'T

                    FEEL IS GOING TO ACCURATELY MEASURE WHAT THEY DO AND THEIR

                    EFFECTIVENESS AT DOING IT?

                                 YEARS AGO BEFORE, YOU KNOW, THE WHOLE FEDERAL

                    CONVERSATION AND THE FEDERAL GOVERNMENT REALLY OVERSTEPPED THEIR

                    BOUNDS AND, YOU KNOW, STUCK THEMSELVES INTO SOMETHING THAT THEY

                    REALLY DIDN'T BELONG IN, IN FORCING THINGS THROUGH DANGLING A LITTLE BIT OF

                    FUNDING - AND WE ALL KNOW THESE MANDATES COST OUR DISTRICTS WAY MORE

                    THAN THEY WERE GETTING IN FEDERAL FUNDING - WE HAD LOCAL DISTRICTS

                    TEACHER EVALUATION SYSTEMS.  THERE WERE PEOPLE WHO WANT YOU TO

                    BELIEVE THAT THE DISTRICTS DIDN'T EVALUATE THEIR TEACHERS UNTIL THE STATE

                    STEPPED IN AND TOLD THEM HOW TO EVALUATE THEIR TEACHERS.  NONSENSE.

                    THAT'S NOT THE CASE.  THEY HAD SYSTEMS.  THEY UTILIZED THINGS LIKE THESE

                    PROHIBITED ELEMENTS THAT ARE -- CURRENTLY, DISTRICTS ARE NOT ALLOWED TO

                    UTILIZE.

                                 SO I'M CONCERNED WE'RE CARRYING THAT FORWARD.  I'M

                    CONCERNED THAT WE'RE MAKING A CHANGE THAT STILL WILL REQUIRE THAT SOME

                    TYPE OF TEST BE 50 PERCENT OF THE EVALUATION AND THAT LEAVES ME IN A

                    SITUATION WHERE I HAVE A LOT OF TROUBLE SUPPORTING THIS BILL.

                    IMMEDIATELY AFTER WE PASSED THE EDUCATION TRANSFORMATION ACT IN

                    2015, I INTRODUCED A BILL TO REPEAL 3012(D).  THAT'S WHAT WE SHOULD BE

                    DOING.  SO, I UNDERSTAND, YOU KNOW, THE TALK ABOUT THIS ISSUE.  I

                    UNDERSTAND, YOU KNOW, THE EFFORTS BY SO MANY TO MOVE US AWAY FROM

                                         25



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THIS PUNITIVE EVALUATION SYSTEM, BUT HAVING SPENT COUNTLESS HOURS

                    TALKING TO CONSTITUENTS, TALKING TO TEACHERS IN MY DISTRICT, I CAN'T

                    SUPPORT THIS AS WHAT WE'RE GOING TO MOVE FORWARD AND SOMETHING THAT

                    WE THINK IS GOING TO BE OUR PERMANENT TEACHER EVALUATIONS SYSTEM.  WE

                    CAN DO BETTER.  WE ALREADY HAVE THE GOVERNOR AGREEING TO GO WHERE

                    THIS IS GOING.  WE SHOULD BE GOING FURTHER AND THEN -- AND THEN HAVING

                    A NEGOTIATION FROM THERE WHERE WE CAN GET ON THIS.

                                 SO, YOU KNOW, IT'S -- I UNDERSTAND THAT THIS WAS PASSED

                    LAST YEAR WITH -- WITH VERY LITTLE OPPOSITION, BUT IT'S A DIFFERENT

                    SITUATION.  THIS IS NO LONGER LET'S MOVE THE NEEDLE AND SEE WHERE WE

                    CAN -- WE CAN ULTIMATELY END UP.  THIS IS WHERE WE'RE CONCEDING THAT

                    WE'RE ENDING UP AND I JUST DON'T THINK THAT'S GOOD ENOUGH.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. SMITH.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    BENEDETTO?

                                 MR. BENEDETTO:  YES, INDEED.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SMITH:  THANK YOU, MR. BENEDETTO.  WHEN

                    WE'RE TALKING ABOUT THIS BILL, THE FIRST SECTION WE'RE TAKING AWAY THE

                    REQUIREMENTS FOR THE USE OF THE STATE STANDARDIZED TESTING FOR THE

                    TEACHER EVALUATIONS; THAT'S CORRECT?

                                 MR. BENEDETTO:  THAT IS CORRECT.

                                         26



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. SMITH:  OKAY.  NOW, IN THE SECOND SECTION

                    NOW, AS SOMEBODY WHO HAS TAUGHT IN THE CLASSROOM, I'M VERY

                    CONCERNED ABOUT THE WORDING WHERE IT SAYS "ALTERNATIVE ASSESSMENTS".

                    ARE WE TALKING ABOUT -- WHEN WE TALK ABOUT ALTERNATIVE ASSESSMENTS IN

                    THE CLASSROOM, AS YOU HAD MENTIONED PREVIOUSLY, WE COULD BE TALKING

                    ABOUT SOMETHING ADDITIONAL TO EVALUATIONS.  WE COULD BE TALKING ABOUT

                    A PORTFOLIO.  WE COULD BE TALKING ABOUT -- NOW, ARE WE TALKING ABOUT

                    THAT OR ARE WE TALKING ABOUT AN ALTERNATIVE WAY TO ASSESS TEACHERS THAT

                    MAY NOT BE TIED TO STUDENT PERFORMANCE?  OR MAYBE BOTH, A LITTLE BIT.

                                 MR. BENEDETTO:  WELL, THIS WILL BE UP TO THE LOCAL

                    SCHOOL BOARDS TO -- TO DETERMINE.  THEY WILL LOOK TOWARDS STATE

                    EDUCATION TO COME UP WITH A MENU, AS I SAID BEFORE, OF WHAT POSSIBLE

                    ALTERNATIVE ASSESSMENTS MIGHT BE EMPLOYED AND, CERTAINLY, PORTFOLIO

                    ASSESSMENTS WILL PROBABLY BE ONE OF THEM.

                                 MR. SMITH:  AND I DO HOPE THAT THAT'S AN OPTION.

                    NOW, UNDER THIS BILL, IS THERE ANYTHING THAT WILL REQUIRE -- SO, WE'RE

                    TALKING ABOUT ALLOWING THE COMMISSIONER TO DETERMINE.  SO, BEFORE --

                    AND I CAN RESPECT THE FACT THAT WE'RE INCLUDING LOCAL CONTROL WITH THE

                    NEGOTIATIONS, BUT BEFORE WE DO THAT, THE COMMISSIONER HAS TO

                    DETERMINE WHAT OPTIONS THEY CAN CHOOSE FROM.  SO, SHE'S PICKING THE

                    MENU AS FAR THIS GOES.  SO, WHAT DO WE KNOW IF -- YOU KNOW, ISN'T IT

                    TRUE THAT UNDER HER SELECTIONS, STATE TESTING COULD STILL BE ONE OF THE

                    OPTIONS, BUT WHAT IF OTHER OPTIONS DON'T INCLUDE PORTFOLIOS OR -- OR

                    PROJECTS OR THINGS LIKE THAT AND INCLUDE MAYBE A DEPARTMENTAL FINAL

                    EXAM, SOMETHING LIKE THAT.  IS THAT A CONCERN?  IS THAT ADDRESSED IN THE

                                         27



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BILL?

                                 MR. BENEDETTO:  WHAT LOCAL DISTRICTS WOULD BE

                    ALLOWED TO DO IS COME UP WITH -- THEY'LL LOOK TOWARDS, I'M SURE, THE

                    STATE EDUCATION DEPARTMENT FOR GUIDANCE AND THEY'LL LIST WHAT'S ON

                    THEIR MENU, BUT THAT DOES NOT STOP THEM FROM COMING UP WITH THEIR

                    OWN LIST THAT THEY CAN SHOW TO THE STATE EDUCATION DEPARTMENT AND GET

                    THAT APPROVED.

                                 MR. SMITH:  OKAY.  SO -- SO, UNDER THIS BILL WHAT

                    YOU'RE SAYING, THAT ACTUALLY IS AN IMPORTANT CLARIFICATION.  OUR LOCAL

                    DISTRICTS THEN CAN COME UP WITH THEIR OWN CHOICE.  THEY CAN THEN GO TO

                    THE STATE EDUCATION DEPARTMENT, ASK IS THIS SOMETHING THAT'S

                    ACCEPTABLE IN THE STATE ED -- IS THAT -- I JUST FEAR --

                                 MR. BENEDETTO:  THERE'S NOTHING IN THIS BILL THAT

                    WILL BAR THEM FROM DOING THAT.

                                 MR. SMITH:  OKAY.  IS THERE ANYTHING THAT WOULD

                    MAKE THE STATE HAVE TO RESPECT THAT IN THIS BILL, THAT AS FAR AS --

                                 MR. BENEDETTO:  WE GIVE THE AUTHORITY TO THE

                    STATE EDUCATION DEPARTMENT TO APPROVE ON THE ASSESSMENTS THAT ARE

                    GOING TO BE EMPLOYED, SO WE GIVE THEM THAT POWER, WHICH IS PROBABLY

                    ONLY RIGHT THAT THEY DO.  THEY ARE THE STATE ED DEPARTMENT.  I DON'T SEE

                    ANYTHING WRONG WITH THAT.

                                 MR. SMITH:  OKAY.  I'M GLAD THAT THAT CLARIFICATION

                    WAS MADE.  AS YOU KNOW, WE'VE HAD A HIGH OPT-OUT RATE OF THE STATE

                    EXAMS.  MY DISTRICT PARTICULARLY, 70 PERCENT OF THE STUDENTS ARE NOT

                    TAKING THE TESTS.  SO MY CONCERN, AS YOU CAN IMAGINE APPROACHING THIS

                                         28



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BILL IS THAT THE SAME COMMISSIONER WHOSE, ON MULTIPLE OCCASIONS, SAID

                    THAT SHE WOULD WITHHOLD FUNDS TO MY DISTRICT BECAUSE MY STUDENTS ARE

                    NOT PARTICIPATING THAT IF SHE'S DETERMINING WHERE WE GO WITH THESE

                    EVALUATIONS --

                                 NOW, THE NEXT QUESTION.  IS THERE ANYTHING THAT

                    CHANGES -- I SEE THERE MIGHT BE A CHANGE WHETHER WE'RE USING STUDENT

                    GROWTH TO STUDENT LEARNING OBJECTIVES?  CAN YOU SPEAK TO THAT A LITTLE

                    BIT?

                                 MR. BENEDETTO:  EACH DISTRICT WILL BE REQUIRED TO

                    MAKE STUDENT GROWING ADJUSTMENTS, EITHER ON AN INDIVIDUAL BASIS OR BY

                    A GROUP BASIS, TO SEE HOW THEY PERFORM.  THAT WILL BE GIVEN TO THE LOCAL

                    DISTRICTS.

                                 MR. SMITH:  OKAY.  SO, INSTEAD, BECAUSE UNDER THE

                    CURRENT SYSTEM WHEN WE'RE LOOKING AT STUDENT GROWTH SCORES, IT'S

                    ACTUALLY TRICKY BECAUSE IF YOU'RE TEACHING, FOR INSTANCE, AN HONORS

                    CLASS, THEN IN THE BEGINNING OF THE YEAR TO THE END OF THE YEAR, THEY MAY

                    DO NEARLY PERFECT, BUT THEN WE'RE NOT SHOWING GROWTH.  SO, THAT'S A

                    CONCERN UNDER THE CURRENT SYSTEM.  SO THAT'S BEING ADDRESSED?

                                 MR. BENEDETTO:  INDEED.  WE ARE WELL AWARE OF

                    SOME OF THE ABUSES IN THIS WHERE STUDENTS WERE PERFORMING AT A HIGH

                    LEVEL AND THEN TEACHERS WERE PENALIZED BECAUSE THEY DIDN'T JUMP 10

                    POINTS IN THEIR PERFORMANCE.  AND THAT IS ONE OF THE THINGS WE'RE TRYING

                    TO CURE WITH THIS NEW SYSTEM.

                                 MR. SMITH:  OKAY.  THAT -- THAT'S -- THAT'S EXCELLENT.

                    AND WHEN WE TALK ABOUT STUDENT LEARNING OBJECTIVES, THEN, BECAUSE

                                         29



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    NOW WE'RE LOOKING AT THE OTHER END OF THE SPECTRUM.  WE MIGHT HAVE

                    STUDENTS WHO ARE IN SPECIAL EDUCATION.  WITH THE STUDENT LEARNING

                    OBJECTIVES, THAT'S A LOCAL DECISION.  THE TEACHER IN A CLASSROOM AND

                    THEIR LOCAL SCHOOL DISTRICT DECIDES WHAT THOSE ARE, RIGHT, THAT'S NOT SET BY

                    THE STATE?

                                 MR. BENEDETTO:  INDEED.

                                 MR. SMITH:  OKAY.  THAT'S ANOTHER IMPORTANT THING,

                    SO WE'RE SHIFTING AWAY FROM THAT.  NOW THE NEXT PART HERE -- YOU KNOW

                    WHAT?  I THINK YOU ANSWERED MY QUESTIONS.  THANK YOU VERY MUCH, MR.

                    BENEDETTO.

                                 MR. BENEDETTO:  THERE YOU GO.  THANK YOU.

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. SMITH:  OKAY.  I WANTED TO APPROACH THIS BILL,

                    AND I'M GLAD WE JUST HAD THIS DEBATE BECAUSE I HAD A NUMBER OF

                    CONCERNS ON THE BILL THAT ARE NOT ADDRESSED AND NOW I THINK WE'VE

                    ADDRESSED THE BILLS AND AS I UNDERSTAND, OUR TRANSCRIPT OF THE DEBATE

                    DOES KIND OF GO TO SPEAK TO THE LEGISLATIVE INTENT OF WHAT WE'RE TRYING

                    TO DO.

                                 MY CONCERN AS SOMEBODY WHO WAS PREVIOUSLY A HIGH

                    SCHOOL CERTIFIED 7TH THROUGH 12TH MATH TEACHER, AS MANY PEOPLE KNOW,

                    THE 8TH GRADE MATH STUDENTS IN OUR STATE, THEY'RE SUBJECTED TO AN 8TH

                    GRADE STATE ASSESSMENT.  MANY OF THEM ARE TAKING INTEGRATED ALGEBRA,

                    SO THEY'RE SUBJECTED TO A REGENTS EXAM, AND MY FEAR UNDER THIS BILL AND

                    I HOPE THAT LOCAL SCHOOL DISTRICTS WILL HAVE THAT AUTHORITY AS IT SOUNDS

                                         30



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    LIKE THEY WOULD, NOT HAVE TO NOW ENDURE A DEPARTMENTAL FINAL EXAM,

                    WHICH WOULD BE A THIRD EXAM ON HOW WE'RE BASING THIS.  SO, A NUMBER

                    OF THOSE CONCERNS I'M GLAD WERE ADDRESSED AND THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. TAGUE.

                                 MR. TAGUE:  MR. SPEAKER, WOULD THE SPONSOR YIELD

                    FOR A COUPLE BRIEF QUICK QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. BENEDETTO, WILL

                    YOU YIELD?

                                 MR. BENEDETTO:  BY ALL MEANS.

                                 ACTING SPEAKER AUBRY:  MR. BENEDETTO YIELDS.

                                 MR. TAGUE:  DOES THIS BILL RESTORE THE THREE-YEAR

                    TENURE RIGHTS FOR TEACHERS?

                                 MR. BENEDETTO:  NO.

                                 MR. TAGUE:  AND DOES THIS BILL END RECEIVERSHIP?

                                 MR. BENEDETTO:  I'M SORRY.  I DIDN'T HEAR.

                                 MR. TAGUE:  DOES THIS BILL END RECEIVERSHIP?

                                 MR. BENEDETTO:  NO.

                                 MR. TAGUE:  OKAY.  THANK YOU.

                                 MR. BENEDETTO:  YOU'RE WELCOME.

                                 ACTING SPEAKER AUBRY:  MR. SAYEGH.

                                 MR. SAYEGH:  THANK YOU VERY MUCH, MR. SPEAKER.

                    AND I JUST WANTED TO COMMENT IN SUPPORT OF THE BILL.  AS AN EDUCATOR

                    FOR SOME 40 YEARS FROM THE CLASSROOM, SCHOOL PRINCIPAL 30 YEARS,

                    BOARD OF ED TRUSTEE, THIS HAS BEEN AN ISSUE THAT HAS CONFRONTED

                    TEACHERS AND TRUSTEES AND EDUCATORS AND PARENTS FOR MANY YEARS.  AND I

                                         31



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THINK THE DISCUSSIONS TRYING TO FOLLOW THE LEAD SEEM TO FOCUS ON WHAT

                    DO WE DO AFTERWARDS WHEN, IN REALITY, THE CHANGE IN -- OF UTILIZATION OF

                    TEST DATA ON STUDENT RECORDS AND TEACHER EVALUATIONS I THINK WE ALL

                    AGREE IS WRONG.

                                 AS AN EDUCATOR, WHEN I LOOKED AT STUDENT SCORES,

                    ESPECIALLY ENGLISH LANGUAGE LEARNERS AND SPECIAL ED CHILDREN, SOME

                    THAT WERE IN THE COUNTRY A FEW MONTHS AND THEY WERE GIVEN THE EXAMS,

                    AND THOSE TESTS RESULTS WERE NOT REFLECTIVE OF HOW EFFICIENT OR EFFECTIVE

                    A TEACHER WAS.  AND VERY OFTEN THE SYSTEM IS SET UP AND THE MEDIA IS SET

                    UP AND THE CONCEPT OF LOOKING AT RESULTS IS SUCH WHERE TEACHERS ARE

                    BLAMED, SCHOOL DISTRICTS ARE BLAMED WHEN WE NEVER PUT THE TIME AND

                    EFFORT TO TRULY DETERMINE AND PUT A SYSTEM IN PLACE THAT CAN REALLY

                    JUDGE AND EVALUATE HOW MUCH PERFORMANCE AND STUDENT GROWTH EXISTS.

                                 SO, I SUPPORT THE MEASURE AND I BELIEVE, AS STATED BY

                    THE SPONSOR, THAT LEAVE IT TO THE LOCAL SCHOOL DISTRICTS THAT GET PARENTS

                    INVOLVED AND TEACHERS INVOLVED AND PRINCIPALS INVOLVED AND TRUSTEES TO

                    REALLY PUT TOGETHER WHAT THEY FEEL BEST IS REFLECTIVE OF EVALUATION.  AND

                    IT'S NOT ONE SYSTEM THAT TRULY FITS FOR ALL.  FOR EXAMPLE, I'VE HAD CLASSES

                    OF SPECIAL ED CHILDREN WHERE WHEN YOU LOOK AT THE STATE DATA FROM 3RD

                    TO 8TH AND YOU DETERMINE THAT TEN CHILDREN IN THIS TEACHER'S CLASS DID

                    NOT PASS EITHER THE MATH OR THE ELA, AND THEN YOU FIND OUT THAT THAT

                    TEACHER BROUGHT THEIR SCORES SO HIGH FROM VERY LOW 1'S, IF ANYBODY

                    UNDERSTANDS THE SYSTEM, IT'S REALLY FOUR CATEGORIES; 1, 2 AND THEN 3

                    BECOMES PASSING AND 4 IS THE TOP OF THE FOUR.  WHEN YOU, AS A TEACHER,

                    WORK WITH ENGLISH LANGUAGE LEARNERS OR SPECIAL ED CHILDREN AND YOU

                                         32



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    GET THEM AT THE VERY LOW 1'S AND THEY MAY NOT PASS THE EXAM, BUT THEY

                    BRING IT UP TO A HIGH 2, THAT IS AN AMAZING SUCCESS STORY.  BUT VERY

                    OFTEN, WE DON'T LOOK AT THAT.

                                 SO, I REALLY BELIEVE WE SHOULD MOVE AHEAD.  WE

                    SHOULD MAKE SURE THAT THOSE DATA IS REMOVED FROM STUDENT'S SCORES AND

                    TEACHER EVALUATIONS AND THEN WE CAN GIVE THAT AUTHORITY TO LOCAL SCHOOL

                    DISTRICTS, OF COURSE UNDER STATE ED GUIDELINES, TO REALLY PUT TOGETHER

                    WHAT WORKS BEST FOR THEM.  AND -- AND OFTEN, IT'S NOT EVEN WHAT WORKS

                    BEST FOR THE ENTIRE DISTRICT, IT COULD BE WHAT WORKS BEST FOR SPECIAL ED,

                    FOR ENGLISH LANGUAGE LEARNS, FOR ADULT EDUCATION AND OTHER

                    COMPONENTS THAT WE HAVE TO DEAL WITH.  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. BENEDETTO TO

                    CLOSE.

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

                    TAUGHT FOR 35 YEARS AND I NEVER WORRIED ABOUT BEING EVALUATED BY MY

                    ADMINISTRATORS.  IT WAS A REGULAR PROCEDURE THAT THEY WOULD COME INTO

                    MY CLASS AFTER TELLING ME THEY'LL BE COMING IN, SPENDING AN HOUR THERE

                    WATCHING ME TEACH.  AT LEAST TWICE, MAYBE THREE TIMES A YEAR THEY

                    WOULD DO THAT.  THEY WOULD LOOK AT ME IN FRONT OF THE CLASSROOM.

                    THEY WOULD OBSERVE ME GOING THROUGH THE HALLS WITH MY CLASS.  THEY

                    WOULD OBSERVE HOW MY CLASS WAS PROGRESSING DURING THE COURSE OF A

                    YEAR.  THEY WOULD COME IN AND SIT AT MY DESK AND MY PLANBOOK WOULD

                    BE THERE AND THEY WOULD BE LOOKING AT THE PLANBOOK AS I TAUGHT MY

                    DEMONSTRATION LESSON.  THAT'S WHAT THEY SHOULD BE DOING.

                                 AS A TEACHER, AS A PROFESSIONAL, IT WAS MY JOB TO TEACH

                                         33



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THE CHILDREN, TO ADVANCE THEM, TO MAKE THEM GROW.  AND THAT IS WHAT

                    THE TEACHERS, THE TEACHER FORCE THAT WE HAVE IN THE STATE OF NEW YORK

                    DOES EVERY SINGLE DAY.  AND THIS IS SOMETHING THAT WAS USED UNTIL

                    APPROXIMATELY 2010 AND THEN ALL OF A SUDDEN IT WAS TAKEN OUT OF THE

                    HANDS OUT OF THE PROFESSIONALS WHO KNOW WHAT THEY DO, WHO HAVE

                    DEDICATED THEIR LIFE TO TEACHING AND TO OBSERVING AND MAKING SURE OUR

                    KIDS ARE EDUCATED AND IT MOVED INTO A POLITICAL SPHERE, WHERE ALL OF A

                    SUDDEN THE EVALUATION TECHNIQUES, ALL OF A SUDDEN THE ADMINISTRATORS

                    AND THE TEACHERS WERE NOT TO BE TRUSTED TO REGULATE AND LOOK AT THE

                    PROFESSION THAT THEY HAD CHOSEN, THE NOBLE PROFESSION OF EDUCATING

                    TODAY'S STUDENTS TO BE TOMORROW'S LEADERS.

                                 AND WHAT HAVE WE HAD OVER THE LAST NINE YEARS BUT

                    CHAOS AND UNCERTAINTIES.  IT WAS A TERRIBLE THING WHAT WE HAVE DONE TO

                    THE TEACHERS OF THIS STATE, TO THE PROFESSIONALS IN EDUCATION OF THIS

                    STATE.  WE DECIDED TO SAY TO THEM, WE DON'T TRUST YOU, AND YOU

                    TEACHERS, YOU, ARE THE ENEMY.  IT'S A TERRIBLE THING.  I WOULD OFTEN TELL

                    TEACHERS WHEN THEY CAME UP HERE LOBBYING US THAT WHEN I TAUGHT, WE

                    WERE NOT THE ENEMY, YOU SHOULD NOT BE SUBJECTED TO THIS.  YOU SHOULD

                    BE ALLOWED TO GO OUT AND TEACH TO YOUR ABILITY, TO HONE YOUR CRAFT.

                                 WITH THIS PARTICULAR BILL, WE HAVE TRANSFERRED THE

                    CONFIDENCE TO OUR TEACHERS AND TO OUR ADMINISTRATORS.  THE TEACHERS

                    WILL TRY THEIR BEST, AS THEY ALWAYS HAVE, TO TEACH OUR YOUNG.  THE

                    ADMINISTRATORS ARE THERE TO OBSERVE THEM, TO MAKE SURE THEY'RE DOING

                    WHAT THEY SHOULD BE DOING IN THE CLASSROOM AND IF NOT, TO GO AND

                    CORRECT THEM TO TEACH THEM HOW TO BE BETTER TEACHERS.  AND IF YOU'VE

                                         34



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    GOT A GOOD ADMINISTRATOR, EVEN A BAD TEACHER COULD BE MADE TO BE A

                    DECENT TEACHER, AND A GOOD TEACHER CAN BE MADE TO BE AN EXCELLENT

                    TEACHER.  THOSE ARE THE PROFESSIONALS.

                                 I THANK US ALL FOR THE DEBATE WE HAD TODAY.  I THANK THE

                    SPEAKER FOR ALLOWING THIS TO COME UP ONTO THE FLOOR FOR A VOTE.  AND I

                    THANK THE TEACHERS FOR THE LAST NINE YEARS OF UNCERTAINTY THAT WE HAVE

                    THRUST UPON THEM AND, HOPEFULLY, WE'RE GIVING BACK SOME SEMBLANCE OF

                    SANITY TO THE TEACHING PROFESSION AND THE EVALUATION PROCESS THAT WE ALL

                    SHOULD GO THROUGH.  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.)

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, BRIEFLY.  I JUST

                    WANT TO THANK THE SPONSOR FOR NOT JUST HIS WORK ON THIS, BUT HIS CLEAR

                    EXPLANATION OF THE WAY IN WHICH WE UPENDED EDUCATION FOR TOO MANY

                    YEARS.  WE UNDERMINED THE CONFIDENCE OF TEACHERS.  WE UNDERMINED

                    THE CONFIDENCE OF ADMINISTRATORS AND ALL BECAUSE THERE WERE FOLKS WHO,

                    FOR POLITICAL PURPOSES, WERE NOT NECESSARILY COMMITTED TO PUBLIC

                    EDUCATION IN THE WAY THEY SHOULD HAVE BEEN.  IN MY OWN CITY, THE

                    CHANCELLOR, UNDER A PRIOR MAYOR, WAS AN ANTI-TRUST LAWYER, WHICH SAYS

                    ALL ABOUT THE COMMITMENT TO EDUCATION, PUBLIC EDUCATION THAT WAS

                    THERE.

                                         35



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 SO, I AM GRATEFUL THAT WE'RE DOING THIS TODAY AND I

                    AGAIN WISH TO THANK THE SPONSOR FOR NOT JUST THE EXPLANATION IN THE BILL,

                    BUT HIS PASSION ON BEHALF OF THE TEACHERS ACROSS THE STATE.  I WITHDRAW

                    MY REQUEST AND HAPPILY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI.

                                 MR. ZEBROWSKI:  THANKS, MR. SPEAKER.  I'D ALSO

                    LIKE TO COMMEND THE SPONSOR FOR BRINGING THIS FORWARD AND FOR ALL HIS

                    WORK AS CHAIR OF THE COMMITTEE.  YOU KNOW, CHILDREN AND STUDENTS

                    ACROSS THE STATE ARE NOT JUST NUMBERS ON A SPREADSHEET, AND OUR

                    TEACHERS ARE NOT JUST ACCOUNTANTS SORT OF MANIPULATING THOSE NUMBERS.

                    RIGHT NOW IN CLASSROOMS IN ALL OF OUR DISTRICTS, TEACHERS ARE DOING THEIR

                    VERY BEST TO IMPROVE THE LIVES AND TO IMPART KNOWLEDGE UPON OUR

                    STUDENT BASE.  THESE STUDENTS, SOME OF WHICH HAVE VARYING DEGREES OF

                    BACKGROUNDS, VARYING DEGREES OF WEALTH, SOME OF WHOM HAVE THE

                    ABILITY TO HIRE TUTORS, SOME OF WHOM, UNFORTUNATELY, DON'T HAVE ENOUGH

                    MONEY TO PROVIDE BREAKFAST IN THE MORNING.  AND OUR TEACHERS ARE

                    DOING THEIR VERY BEST WITH OUR ADMINISTRATORS AND PRINCIPALS TO MAKE

                    SURE THAT EDUCATION IS THE GREAT EQUALIZER IN OUR STATE.

                                 UNFORTUNATELY, AN OBSESSION WITH A CULTURE OF TESTING

                    HAS GOTTEN US AWAY FROM ALLOWING A COLLABORATIVE APPROACH WITH OUR

                    TEACHERS AND ADMINISTRATORS AND SCHOOL DISTRICTS SO THAT THERE IS SOME

                    SANITY IN THE WAY THAT OUR TEACHERS ARE EVALUATED.  I'M HOPEFUL THAT THIS

                    BILL IS FINALLY AN END TO WHAT I THINK HAS BEEN A NIGHTMARE FOR US AS

                    LEGISLATORS, FOR THE SCHOOL ADMINISTRATION AND SCHOOL BOARD OFFICIALS

                    AND THE TEACHERS THAT ARE IN THE CLASSROOM, THOSE FOLKS THAT ARE REALLY

                                         36



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DOING THE WORK THAT'S GOING TO CRAFT THE NEXT GENERATION OF NEW

                    YORKERS.

                                 FINALLY, I'M HOPEFUL THAT THIS BILL WILL GET US BACK

                    TOWARDS THE COLLABORATIVE METHODS OF EVALUATION THAT OUR TEACHERS AND

                    ADMINISTRATORS DESERVE, AND THAT'S WHY I'LL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE.

                                 MR. LAVINE:  I RISE AS WELL TO COMMEND THE

                    SPONSOR.  THIS HAS NOT ONLY CAUSED HAVOC, AS WAS DESCRIBED, TO

                    TEACHERS AND ADMINISTRATORS, BUT THE PRICE WE HAVE PAID OVER THE

                    COURSE OF THE LAST AND IT'S TEN YEARS - IT'S ACTUALLY MORE THAN TEN YEARS -

                    TO OUR STUDENTS, TO OUR CHILDREN IS SIMPLY NOWHERE NEAR WORTH THE

                    AGGRAVATION.  SUBJECTING CHILDREN TO A TENSE CLASSROOM ENVIRONMENT

                    SERVES NO PURPOSE WHATSOEVER.  SO, I'M VERY PLEASED TO SUPPORT THIS

                    MEANINGFUL MEASURE AND I'M VERY PLEASED TO VOTE IN THE AFFIRMATIVE.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. KIM.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  I BELIEVE ONE OF

                    THE MORE CRITICAL QUESTIONS WE MUST ASK AS WE ARE DECOUPLING THE STATE

                    ASSESSMENTS FROM TEACHER EVALUATIONS IS WHETHER ARE WE TAKING THE

                    RIGHT STEPS TO CREATE AN ENVIRONMENT WHERE OUR KIDS ARE LEARNING WITH

                    PURPOSE IN OUR CLASSROOMS OR BEING TAUGHT TO THE TEST.  AND WITH THIS

                    BILL, I AM CONFIDENT THAT WE ARE TAKING THE RIGHTS STEPS TO MAKE SURE

                    THAT OUR KIDS ARE LEARNING WITH PURPOSE AND FINDING PASSION IN THE

                    CLASSROOMS.

                                 I APPRECIATE MY COLLEAGUES IN THE OTHER AISLE BRINGING

                                         37



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THIS DEBATE UP, BECAUSE WE CAN DO MORE.  THERE'S MORE THAT CAN BE

                    DONE TO MAKE SURE OUR TEACHERS ARE PROTECTED, MAKE SURE THAT THEY

                    HAVE ALL THE FREEDOM TO DO -- TO CREATE THE CURRICULUMS AND TO MAKE

                    SURE THAT THEY'RE PAID WELL WHILE DOING SO.  THERE'S A REASON WHY 40

                    PERCENT OF NEW TEACHERS THAT ARE COMING IN THE MARKET NOW QUIT WITHIN

                    FIVE YEARS.  YOU KNOW, WHEN YOU'RE DANGLING MONEY IN FRONT THEM AND

                    WHEN YOU'RE TAKING THESE PUNITIVE APPROACHES TOWARDS TEACHER

                    EVALUATIONS TO A CLASS OF PEOPLE THAT ARE ALREADY DRIVEN TO DO -- TO SERVE

                    AND GIVE BACK TO OUR COMMUNITIES, YOU ARE DEMOTIVATING THEM FROM

                    DOING THEIR JOBS.  I APPRECIATE THE SPONSOR FOR TAKING THIS VERY

                    IMPORTANT BILL.  I LOOK FORWARD TO VOTING IN THE AFFIRMATIVE, MR.

                    SPEAKER.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MR. KIM IN THE

                    AFFIRMATIVE.

                                 MS. BICHOTTE TO EXPLAIN HER VOTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER.  I RISE TO

                    SUPPORT THIS TEACHER EVALUATION BILL WHICH WOULD RID SCHOOL DISTRICTS OF

                    THE NECESSITY OF USING STATE-ADMINISTERED TESTS AS EVALUATION FOR THE

                    OVERALL PERFORMANCE OF TEACHERS.  I WOULD LIKE TO COMMEND THE

                    SPONSOR OF THIS BILL IN LEADING THE INITIATIVE TO DECOUPLE TEST SCORES

                    FROM TEACHER EVALUATION.

                                 AS WE KNOW, STATE-SANCTIONED TESTS ARE USUALLY

                    UNFAIRLY BENT IN FAVOR OF STUDENTS THAT HAVE ACCESS TO RESOURCES TO

                    EXCEL.  CONVERSELY, STUDENTS FROM LOW-INCOME BACKGROUNDS TYPICALLY

                    DO NOT HAVE THE PRIVILEGE OF GOING TO -- TO SCHOOLS THAT PROVIDE

                                         38



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MATERIALS THAT WILL PROPERLY PREPARE THEM FOR STATE-ADMINISTERED

                    EXAMINATIONS.  IN THE LATTER SITUATION THE ONUS CANNOT BE ON THE TEACHER

                    WHEN STUDENTS CANNOT EXCEL.  AND I CAN TELL YOU FROM FIRSTHAND

                    EXPERIENCE AS A FORMER PUBLIC SCHOOL MATH TEACHER TEACHING ALGEBRA

                    AND GEOMETRY, I HAD EXPERIENCED HOW HARD IT WAS COMING TO A

                    CLASSROOM WHERE THESE KIDS IN MIDDLE SCHOOL WERE ROBBED OF

                    PROFICIENT LEARNING EXPERIENCES, HAVING A CROWDED ROOM, NOT HAVING

                    UP-TO-DATE BOOKS AND IT WAS REALLY HARD TO TEACH STUDENTS WHO COULD

                    NOT EVEN DO BASIC ADDITION AND SUBTRACTION.  AND JUST IMAGINE IF I WAS

                    EVALUATED BASED ON THE YEARS AND YEARS OF THESE KIDS, AGAIN, JUST BEING

                    ROBBED OF ADEQUATE BASIC EDUCATION.

                                 SO, I STAND HERE TODAY IN SUPPORT OF THIS BILL.  I WAS

                    HURT TO SEE HOW OUR SYSTEM WAS IMPOSING SUCH SYSTEM AND I GUESS

                    PLAYING POLITICS ON THE BACKS OF OUR TEACHERS.  I'M HAPPY THAT TODAY IS A

                    NEW DAY.  IT'S A BLUE WAVE AND I STAND TODAY TO SUPPORT AND HONOR OUR

                    TEACHERS AND ADMINISTRATORS.  SO, I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MS. BICHOTTE

                    IN THE AFFIRMATIVE.

                                 MR. SANTABARBARA TO EXPLAIN HIS VOTE.

                                 MR. SANTABARBARA:  THANK YOU, MR. SPEAKER.

                    I'M PROUD TO BE A SPONSOR OF THIS BILL THAT MAKES COMMONSENSE REFORMS

                    AND STRENGTHENS PUBLIC EDUCATION.  WE SAW THIS BILL HERE IN THE

                    ASSEMBLY LAST YEAR.  I'M PLEASED TO SEE IT AGAIN HERE ABOUT TO PASS IN

                    THE STATE ASSEMBLY KNOWING THAT IT IS BEING TAKEN UP IN THE SENATE AND

                    CLOSER TO BEING A REALITY.

                                         39



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 LOCAL CONTROL OF OUR PUBLIC SCHOOLS IS SOMETHING

                    WE'VE BEEN FIGHTING FOR FOR A VERY LONG TIME, AND WE'VE HAD STUDENTS,

                    PARENTS AND TEACHERS ALONGSIDE OF US HERE FIGHTING FOR THE VERY SAME

                    THING.  IN THIS BILL, ELIMINATING THE USE OF STATE TESTS FOR TEACHER

                    EVALUATIONS GIVES OUR DEDICATED TEACHERS IN PUBLIC EDUCATION THE

                    FREEDOM TO DO WHAT THEY DO BEST, HELP OUR CHILDREN SUCCEED.

                                 AND I SPEAK FROM FIRSTHAND EXPERIENCE.  I MENTIONED

                    THIS WHEN WE TALKED ABOUT THIS BILL BEFORE.  I'M A CHILD OF IMMIGRANTS.

                    I GREW UP IN THE CITY OF SCHENECTADY.  I DIDN'T SPEAK ENGLISH UNTIL I

                    WAS IN FIRST GRADE AND PUBLIC EDUCATION MADE ALL THE DIFFERENCE IN THE

                    WORLD FOR ME.  MY TEACHERS NEVER GAVE UP ON ME.  THEY HAD FREEDOM

                    TO MAKE SURE THAT I WOULD BE ABLE TO SUCCEED AND CONTINUE ON MY

                    EDUCATION.  AND NOW, AS A PARENT, I SEE IT WITH MY 15-YEAR-OLD

                    DAUGHTER, SHE'S IN 10TH GRADE, AND MY SON WHO WAS BORN WITH AUTISM,

                    HE'S IN SPECIAL EDUCATION.  STUDENTS LEARN IN A VARIETY OF WAYS AND THIS

                    BILL REFLECTS THAT REALITY AND THAT'S WHY TODAY I'M VERY PLEASED TO CAST

                    MY VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  MR.

                    SANTABARBARA IN THE AFFIRMATIVE.

                                 MS. SOLAGES TO EXPLAIN HER VOTE.

                                 MS. SOLAGES:  TO EXPLAIN MY VOTE.  I'D LIKE TO

                    THANK THE SPEAKER AND THE SPONSOR FOR REALLY ADVOCATING ON THIS ISSUE.

                    REGARDLESS OF YOUR ZIP CODE, A STUDENT SHOULD HAVE ACCESS TO HIGH

                    QUALITY EDUCATION, AND WE NEED TO CREATE AND FOSTER AN ENVIRONMENT

                    WHERE STUDENTS GET A LOVE OF LEARNING, A LOVE OF THE CLASSROOM.  AND SO,

                                         40



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OUR TEACHERS ARE ON THE FRONTLINE OF CREATING THAT LOVE OF LEARNING, AND

                    OUR SPECIAL NEEDS AND OUR ELL STUDENTS NEED THE SUPPORT FROM US AND

                    ALSO FROM THEIR TEACHERS.

                                 SO, HIGH-STAKES TESTING IS THE WRONG WAY TO GO AND

                    TODAY I VOTE IN THE AFFIRMATIVE BECAUSE WE NEED TO GIVE CONTROL BACK TO

                    OUR COMMUNITIES, BACK TO OUR FAMILIES.  IT'S NOT A PERFECT BILL, BUT THIS

                    IS A START OF MAKING SURE THAT WE RIGHT ALL THE WRONGS THAT HAVE BEEN

                    HAPPENING.  SO I THANK THE SPEAKER AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MS. SOLAGES IN

                    THE AFFIRMATIVE.

                                 MRS. ARROYO TO EXPLAIN HER VOTE.

                                 MRS. ARROYO:  THANK YOU, MR. SPEAKER, FOR

                    GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  IT'S IMPORTANT THAT WE

                    UNDERSTAND WHAT A TEACHER EVALUATION MEANS.  I SERVED AS A COMMUNITY

                    SCHOOL BOARD 23 YEARS BEFORE I WAS ELECTED TO THIS ASSEMBLY, AND MY

                    RELATION WITH THE TEACHERS AND THE SCHOOL WAS GREAT BECAUSE DURING THE

                    EVALUATION IS THAT THE TEACHER CAN EXPLAIN HER PROBLEMS AND RECEIVE

                    ADVICE AND EVALUATE WHAT SHE'S DOING THAT IS GOOD AND IS GREAT THAT IS

                    GOING TO HELP THE SUPERVISORS OF THE SCHOOL, TO REVERSE THE ABILITY OF

                    THIS TEACHER WITH OTHER TEACHERS.  WE ALWAYS SEE TEACHERS EVALUATION AS

                    A CONFRONTATION WITH THE TEACHER.  IT IS NOT, BECAUSE THE TEACHER ONLY

                    CAN GROW IS THROUGH THE EVALUATION.  SHE CAN UNDERSTAND WHEN SHE IS

                    DOING GOOD THAT IS GOING TO ENHANCE HER FUTURE, AND NOT ONLY THAT, BUT

                    HER ABILITY TO TEACH THE CHILDREN AND HELP THOSE STUDENTS THAT ARE IN

                    NEED.  BECAUSE REMEMBER, THAT THE CLASSROOM IS THE KINGDOM OF THAT

                                         41



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    TEACHER AND INSIDE THERE, THERE IS SO MUCH THAT SHE CAN DO TO HELP THAT

                    STUDENT AND IF THE TEACHER IS NOT A GOOD TEACHER, SHE SHOULD NOT BE

                    TEACHING.  BUT WE HAVE THE MAJORITY OF OUR TEACHERS THAT ARE EXCELLENT

                    AND THAT THEY -- THE EXAMPLES THAT THEY USE TO TEACH THE CHILDREN CAN BE

                    USED WITH OTHERS THAT NEED THAT ABILITY TO DO IT.

                                 I'M VERY PROUD OF THIS AND I WANT TO CONGRATULATE MR.

                    BENEDETTO BECAUSE IT'S HIS FIRST BILL AS CHAIR OF THE COMMITTEE AND,

                    VERY PROUDLY, I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MRS. ARROYO IN

                    THE AFFIRMATIVE.

                                 MR. RAIA TO EXPLAIN HIS VOTE.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  IT'S HARD TO BELIEVE THAT IT WAS ABOUT EIGHT YEARS AGO

                    WE STOOD HERE AS PART OF RACE TO THE TOP AND IMPLEMENTED A HORRIFIC

                    APPR SYSTEM.  I PREDICTED BACK THEN IT WAS GOING TO FAIL, CERTAINLY IT

                    DID FAIL.  IT GIVES ME GREAT PLEASURE TO STAND HERE TODAY TO BE MOVING IN

                    THE RIGHT DIRECTION.  IT'S NOT A PERFECT BILL, BUT LET'S FACE IT.  IF WE

                    COMPLETELY REPEAL THE APPR, THE GOVERNOR WILL NEVER STAND FOR IT AND

                    WE HAVE COULD HAVE SOMETHING EVEN WORSE.

                                 SO, I HAVE RECEIVED A NUMBER OF PHONE CALLS FROM

                    TEACHERS THAT ARE CONCERNED ABOUT THIS LEGISLATION, BUT REST ASSURED,

                    WE'RE GOING TO MAKE SURE THAT WE FINALLY GET THIS RIGHT.  THANK YOU.  I

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MR. RAIA IN

                    THE AFFIRMATIVE.

                                         42



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. RICHARDSON TO EXPLAIN HER VOTE.

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

                    RISE JUST TO STAND IN SOLIDARITY WITH THE TEACHERS AROUND THE STATE OF

                    NEW YORK AND TO JUST COMMEND THE SPONSORS, BOTH IN THE SENATE AND

                    IN THE ASSEMBLY, ON THIS PIECE OF LEGISLATION.  YOU KNOW, I DON'T KNOW

                    WHERE I WOULD BE WITHOUT MY EDUCATION.  AND WHEN I WENT TO SCHOOL,

                    WE HAD A MADRID [SIC] OF DIFFERENT SUBJECT AREAS THAT I JUST WATCHED GET

                    ELIMINATED FROM THE DAY BECAUSE MANY TEACHERS ARE TEACHING TO THE

                    TEST.  THE JOY OF LEARNING SOMEHOW IS JUST, LIKE, GONE OUT OF THE

                    CLASSROOM AND I'M HOPING THAT WITH THIS PIECE OF LEGISLATION, WE CAN

                    RESTORE THAT JOY AND TO RESTORE OUR CONFIDENCE IN ALL OF OUR EDUCATORS

                    AROUND THE STATE OF NEW YORK.  SO WITH THAT, I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MS.

                    RICHARDSON IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  WE ARE WANTING TO MAKE SURE THAT WE STILL GET TO CALENDAR

                    NO. 9 WITH THE DREAM ACT, BUT WE'RE GOING TO PAUSE JUST A LITTLE BIT

                    WHILE WE WAIT FOR THE SENATE SO THAT WE DON'T HAVE THAT CROSS-ISSUE.

                    BUT IN THE MEANTIME, MR. SPEAKER, WE DO HAVE WORK THAT WE COULD DO

                    THAT WOULD HAPPEN AT THE END OF OUR AGENDA.  SO, I THINK THAT I WILL

                                         43



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    PROPOSE THAT WE CALL UP THE RESOLUTION THAT WOULD HONOR THE REVEREND

                    DR. MARTIN LUTHER KING AND WE TAKE THIS OPPORTUNITY IN OUR RECESS --

                    WELL, NOT RECESS, BUT THIS SPACE THAT WE HAVE TO HONOR A MAN THAT HAS

                    DONE SO MUCH FOR OUR COUNTRY, OUR STATE AND OUR WORLD.

                                 SO WITH THAT, MR. SPEAKER, IF WE COULD CALL NO. 0048

                    TO THE FLOOR.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION,

                    THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 48, MR.

                    HEASTIE.  LEGISLATIVE RESOLUTION COMMEMORATING THE OBSERVANCE OF

                    THE 34TH ANNUAL MARTIN LUTHER KING, JR. DAY IN THE STATE OF NEW YORK

                    ON JANUARY 21, 2019.

                                 ACTING SPEAKER AUBRY:  MR. BARRON ON THE

                    RESOLUTION.

                                 MR. BARRON:  ON THE RESOLUTION, SIR.  YOU KNOW,

                    DR. KING -- I'M WRITING AN ARTICLE CALLED FROZEN IN HISTORY.  FROZEN IN

                    HISTORY:  THAWING OUT THE RADICAL DIMENSIONS OF DR. MARTIN LUTHER

                    KING AND ROSA PARKS.  THE WHITE POWER STRUCTURE AND A LOT OF

                    HISTORIANS WANTED TO FREEZE MARTIN LUTHER KING AND "I HAVE A DREAM"

                    IN 1963.  THAT DREAM TURNED TO A RADICAL VISION IN 1968.  BY 1968,

                    MARTIN LUTHER KING WAS SAYING, INTEGRATION, MAYBE I'M TRYING TO

                    INTEGRATE INTO A BURNING HOUSE.  BY 1968, MARTIN LUTHER KING WAS

                    SAYING, I WORK VERY, VERY HARD TO REFORM THE INSTITUTIONS OF THE SOUTH; A

                    LITTLE CHANGE HERE, A LITTLE CHANGE THERE, BUT NOW I THINK QUITE

                    DIFFERENTLY.  WE NEED A RADICAL REORGANIZATION OF THE ENTIRE SOCIETY, A

                                         44



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    REVOLUTION OF VALUES.

                                 DR. KING WROTE A LETTER BEFORE HE STARTED DATING HIS

                    WIFE-TO-BE, CORETTA SCOTT, AND SAID, CORETTA, I JUST WANT YOU TO KNOW

                    THAT MY PHILOSOPHY ECONOMICALLY IS MORE SOCIALISTIC THAN CAPITALISTIC.

                    DR. KING SAID CAPITALISM WAS NOT BUILT ON SOME PROTESTANT ETHIC OF

                    HARD WORK, BUT RATHER OFF THE BACKS OF BLACK SLAVES AND THE THEFT OF THE

                    LAND OF THE INDIGENOUS PEOPLE.  DR. KING WENT AGAINST THE WAR.  HE

                    SPOKE OUT AGAINST CAPITALISM AND IMPERIALISM, BUT THEY WANT YOU TO

                    JUST TALK HIS DREAM IN 1963.  AS A MATTER OF FACT, EVEN HIS DREAM IN

                    1963, HE MADE THAT SPEECH FIRST IN JUNE OF 1963 IN DETROIT WHEN

                    125,000 PREDOMINANTLY BLACK PEOPLE GATHERED FOR THE LARGEST MARCH

                    FOR CIVIL RIGHTS CALLED "THE WALK TO FREEDOM" IN THE HISTORY OF THIS

                    COUNTRY.  TWO MONTHS BEFORE HE MADE THAT SPEECH IN WASHINGTON, HE

                    MADE IT TO THE BLACK FOLK IN DETROIT, BUT IT DIDN'T GET A PLAY.  AND THEN

                    HE MADE IT IN '63.

                                 DR. KING WAS A REVOLUTIONARY.  HE SAID THAT WE NEED A

                    RADICAL REDISTRIBUTION OF THE WEALTH AND THE POWER IN AMERICA.  THAT'S

                    WHEN THE CIA, JAY EDGAR HOOVER, DID MORE OF THE COINTEL

                    PROGRAM, THE COUNTER INTELLIGENT PROGRAM OF THE FBI, THEY DID MORE TO

                    SPY ON DR. KING THAN THEY DID THE BLACK PANTHER PARTY, MY PARTY.

                    THEY DID MORE TO SPY AND TRY TO WRECK DR. KING'S LIFE WHEN HE TURNED

                    TO A REVOLUTIONARY, WHEN HE WAS TRYING TO INTEGRATE - AND THIS IS THE

                    CHALLENGE WE HAVE - DR. KING, THE BEST THAT WE'VE HAD, ONE OF THE BEST

                    WE'VE HAD - WAS SIMPLY TRYING TO INTEGRATE, TRYING TO REGISTER PEOPLE TO

                    VOTE AND WAS MURDERED.  PEOPLE LYNCHED.  DOGS BITING THE SKIN OFF OF

                                         45



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OUR PEOPLE.  FIRE HOSES TEARING OUR SKINS TO TRY TO VOTE.  I WAS A BLACK

                    PANTHER TRYING TO DO SOME OTHER KINDS OF THINGS, BUT HE WAS TRYING TO

                    JUST GET US TO VOTE AND HE WAS MURDERED.

                                 SO, DR. KING, WE HONOR HIM TODAY AND WHEN WE

                    HONOR HIM, WE HAVE TO HONOR THREE WOMEN THAT SHOULD ALWAYS BE

                    MENTIONED WHEN DR. KING IS MENTIONED.  ONE IS CLAUDETTE COLVIN.

                    CLAUDETTE COLVIN WAS ONLY 15-YEARS-OLD IN 1955.  SHE SAT DOWN ON THE

                    BUS IN MARCH OF THAT YEAR BEFORE ROSA PARKS.  SHE WAS 15.  SHE READ

                    SOME HISTORY ON HARRIET TUBMAN AND SOJOURNER TRUTH, WHICH IS WHY

                    OUR HISTORY IS SO IMPORTANT, AND SHE SAID, I'M NOT GETTING UP TODAY.  I

                    JUST READ MY HISTORY.  I'M NOT GETTING UP.  AND CLAUDETTE COLVIN, 15-

                    YEARS-OLD WAS ARRESTED.  E.D. NIXON, WHO WAS THE LEADER OF THE

                    NAACP THEN SAID MAYBE WE SHOULD MAKE A TEST CASE OUT OF THAT, BUT

                    SINCE SHE WAS 15 AND GOING THROUGH SOME CHANGES, THEY SAID MAYBE

                    NOT.  THEN ROSA PARKS, MONTHS LATER, SAT DOWN ON THE BUS IN DECEMBER

                    OF THAT YEAR.  SHE WASN'T A TIRED SEAMSTRESS WHO JUST DECIDED SHE DIDN'T

                    WANT TO GET UP.  THIS WAS A STRATEGY BY THE NAACP THAT STARTED WITH

                    CLAUDETTE COLVIN.

                                 SO, I JUST WANTED TO SHARE THAT HISTORY WITH YOU AND

                    NEVER FORGET JO ANN ROBINSON, WHO WAS A MEMBER OF THE WOMEN'S

                    POLITICAL CAUCUS WHO STARTED THE '55 BOYCOTT IN MONTGOMERY BEFORE

                    DR. KING.  THIS CATAPULTED HIM INTO PRIME TIME IN OUR MOVEMENT.

                                 SO, I JUST WANTED TO SAY DR. KING WAS A RADICAL, HE

                    WAS A REVOLUTIONARY.  HE DIED VERY DEPRESSED BECAUSE OF A LOT OF HEAT

                    THAT CAME ON HIM FROM THIS SYSTEM THAT HE WAS TRYING TO CHANGE AND

                                         46



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WE SHOULD NEVER, EVER FORGET THE LIFE, THE LEGACY OF A RADICAL

                    REVOLUTIONARY WHO EVOLVED HIS TRAJECTORY, HE REVOLUTIONARILY EVOLVED

                    INTO A RADICAL, NOT THE SOFT DR. KING THAT THEY PRESENT TO YOU TO HAVE A

                    DREAM.  WHEN YOU'RE DREAMING, YOU'RE SLEEPING.  WHEN YOU HAVE A

                    VISION, YOU'RE AWAKE.  HAPPY BIRTHDAY, DR. KING.

                                 SPEAKER HEASTIE:  MR. RIVERA ON THE RESOLUTION.

                                 MR. RIVERA:  THANK YOU, MR. SPEAKER.  THE YEAR

                    WAS 1955, SUMMER OF 1955.  FOR THOSE OF US IN THE BRONX, TEENAGERS

                    WHO, AT A TIME, DURING THE SUMMER WE WOULD GO TO ORCHARD BEACH TO

                    ENJOY OURSELVES AND THE MINUTE WE ENTER SECTION NUMBER 9, WE WERE

                    DIRECTED TO SECTION NUMBER 1 BY THE ROCKS.  IF ANY OF YOU YOUNGSTERS

                    ARE FAMILIAR WITH ORCHARD BEACH, YOU KNOW WHAT I'M TALKING ABOUT.

                    SECTION NUMBER 1 BECAME THE PUERTO RICAN SECTION BECAUSE IT WAS NOT

                    SAFE FOR US TO BE SEEN SWIMMING IN SECTION NUMBER 9.

                                 GOING HOME, I SAW WHAT WAS HAPPENING ON TV.  YES,

                    MY BROTHER MENTIONED THE FIRST PERSON AT THE AGE OF 15, AND A SINGLE

                    MOTHER, WHO PAVED THE WAY, MS. COLVIN - WHO, BY THE WAY, WE

                    HONORED HERE A FEW YEARS AGO - FINALLY RECOGNIZED THAT SHE WAS THE FIRST

                    ONE AT THE AGE OF 15, A TEENAGER, TO STAND UP FOR THE RIGHTS OF PEOPLE TO

                    BE ABLE TO MOVE AROUND SAFELY AND FREE IN THIS COUNTRY.  BUT THEN

                    AGAIN, FOR WHATEVER THE REASON, AND I -- I UNDERSTAND, SHE WAS NOT

                    GOING TO BE THE CHAMPION OF THE MOVEMENT.

                                 SO, WHEN I GET HOME AND I WATCHED WHAT'S HAPPENING

                    ON TV, WE BEGAN TO BE FREE, ALSO.  THE PUERTO RICAN COMMUNITY

                    BECAME THE LITTLE COUSIN, THE LITTLE BROTHERS TO THE AFRICAN-AMERICAN

                                         47



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MOVEMENT, AND I CAN PROVE TO YOU.  I DIDN'T HAVE A CELL PHONE, I DIDN'T

                    HAVE VIDEO IN THOSE DAYS, BUT 50 BUSES BY 1963 JOINED DR. KING IN THE

                    MARCH ON WASHINGTON, 50 BUSES LOADED WITH LATINO, MOSTLY PUERTO

                    RICANS.  IF YOU DON'T BELIEVE ME, STUDENTS, LOOK IT UP IN HUNTER

                    COLLEGE.  NO ONE WILL TELL YOU THAT.  LOOK IT UP IN THE ARCHIVES OF

                    HUNTER COLLEGE IN THE CITY OF NEW YORK.  DO THAT.  IT'S ALL IN THERE,

                    PICTURES AND EVERYTHING.

                                 SO NOW, I GET ELECTED TO OFFICE IN 1982.  THE FIRST

                    THING I DID WAS DEDICATE MY FIRST NEWSLETTER TO DR. MARTIN LUTHER KING

                    AND THE STRUGGLE WHO PAVED THE WAY FOR ME WHO, MOST OF THE TIME I GET

                    ACCUSED OF SPEAKING IN BROKEN ENGLISH AND MOST OF THE TIME I GET

                    ACCUSED OF SPEAKING IN BROKEN SPANISH.  BUT WHEN I GOT ELECTED, I

                    JOINED ARTHUR EVE, (INAUDIBLE), DAVID GANTT - NOT HERE TODAY, BUT HE

                    AND I ARE THE STILL SURVIVORS FROM THOSE DAYS HERE -- AND ROGER GREEN.

                    WE WENT TO THE SECOND FLOOR AND IN A NICE WAY, WE WERE ABLE TO SIT

                    DOWN AND TALK TO THEN GOVERNOR MARIO CUOMO AND SAY THE TIME HAS

                    COME FOR THIS STATE TO PAVE THE WAY AND RECOGNIZE THE STRUGGLE AND THE

                    SACRIFICES OF DR. MARTIN LUTHER KING.

                                 WE DID THAT, BUT LET ME BACKTRACK A LITTLE BIT.

                    AFRICAN-AMERICAN AND MARTIN LUTHER KING WERE NOT BY THEM SELF IN

                    THIS STRUGGLE.  THE ENTIRE LABOR MOVEMENT OF THE CITY OF NEW YORK

                    WERE BEHIND ON THE MARCH OF WASHINGTON IN SUPPORT.  AND I CAN TELL

                    YOU, IF I REMEMBER, THERE WERE THREE YOUNGSTERS, THREE COLLEGE

                    STUDENTS, COLLEGE, GOING TO COLLEGE - MICHAEL SCHWERNER, ANDREW

                    GOODMAN, TWO JEWISH COLLEGE STUDENTS, ONE OF THEM LIVED IN RIVERDALE

                                         48



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THE BRONX.  THEY JOINED THE AFRICAN-AMERICAN JAMES CHANEY AND IN

                    1964 BEGAN THE SECOND PART OF THE STRUGGLE WHICH IS THE RIGHT TO

                    REGISTER TO VOTE.  MEDGAR EVERS LED THAT STRUGGLE.  THESE THREE

                    YOUNGSTERS WERE MURDERED, WERE SET UP, AMBUSHED AND KILLED, NEVER TO

                    COME BACK.

                                 SO TODAY'S A GREAT DAY AND IT'S GOING TO END IN A GREAT

                    WAY, MR. SPEAKER, BECAUSE -- BECAUSE OF YOUR LEADERSHIP, THESE

                    YOUNGSTERS HERE TODAY WILL FINALLY THEIR DREAM WILL BE RECOGNIZED BY

                    THE STATE OF NEW YORK.  SO I APPLAUD THIS BODY.  I APPLAUD YOU, MR.

                    SPEAKER, AND I APPLAUD THESE YOUNGSTERS.  DO YOUR RESEARCH.  NOTHING

                    WAS GIVEN TO US.  EVERYTHING HAS COME AS A RESULT OF STRUGGLE AND IF FOR

                    ONE MINUTE YOU THINK IT'S GOING TO BE EASY FOR YOU FROM NOW ON?

                    NOTHING COMES EASY IN THIS SOCIETY.  IT COMES OUT OF STRUGGLE.  NOTHING

                    COMES BY ACCIDENT.  IT COMES OUT OF ORGANIZATION.  SO WHEN YOU FINISH

                    YOUR SCHOOL, PLEASE DON'T TURN YOUR BACK ON YOUR COMMUNITY.  SHARE

                    YOUR EXPERIENCE, GET INVOLVED IN EVERY ISSUE BECAUSE THE STRUGGLE WILL

                    NEVER END HERE OR IN THE DAY THAT YOU GRADUATE --

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MR. RIVERA:  THERE ALWAYS BE SOMETHING TO

                    STRUGGLE ABOUT.

                                 SPEAKER HEASTIE:  THANK YOU, MR. RIVERA.

                                 MR. RIVERA:  SO I THANK YOU FOR YOUR PATIENCE, MR.

                    SPEAKER.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MR. FALL ON THE RESOLUTION.

                                         49



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 (APPLAUSE)

                                 MR. FALL:  MR. SPEAKER, ON THE RESOLUTION.

                                 IF IT WASN'T FOR DR. KING'S ADVOCACY AND PAYING THE

                    ULTIMATE SACRIFICE, I DON'T THINK MY PARENTS WOULD HAVE HAD THE

                    OPPORTUNITIES THAT WERE PRESENTED TO THEM WHEN THEY CAME HERE FROM

                    WEST AFRICA IN THE LATE '80S, AND I ALSO I DON'T THINK THAT I WOULD HAVE

                    BEEN THE FIRST AFRICAN-AMERICAN AND MUSLIM TO BE ELECTED FROM STATEN

                    ISLAND TO THE STATE LEGISLATURE.

                                 MARTIN LUTHER KING DAY IS THE ONLY FEDERAL HOLIDAY

                    OBSERVED AS A NATIONAL DAY OF SERVICE; A DAY TO REFLECT AND SIMPLY NOT

                    A DAY OFF.  COMMEMORATION OF DR. KING GIVES US THE OPPORTUNITY TO

                    RECOMMIT OURSELVES AS CITIZENS BY VOLUNTEERING IN SERVICE TO ONE

                    ANOTHER.  IT IS ALSO A TIME TO CONSIDER HOW MUCH WORK STILL REMAINS TO

                    FULFILL DR. KING'S DREAM.  SERVICE IS A POWERFUL TOOL FOR STRENGTHENING

                    OUR COMMUNITIES AND AS LAWMAKERS, I STRONGLY BELIEVE WE MUST BE THE

                    BRIDGE BUILDERS OF INCLUSION AND TO CONTINUE TO FIGHT AGAINST THOSE THAT

                    WANT TO PLACE BARRIERS OF EXCLUSION.

                                 DR. KING CHALLENGED US TO BUILD A MORE PERFECT UNION

                    AND TAUGHT US THAT EVERYONE HAS A ROLE TO PLAY.  FIVE DECADES LATER, WE

                    STILL HAVE WORK TO DO TO REALIZE DR. KING'S DREAM.  THANK YOU.

                                 SPEAKER HEASTIE:  MR. OTIS ON THE RESOLUTION.

                                 MR. OTIS:  THANK YOU, MR. SPEAKER.  THIS YEAR IN

                    THINKING ABOUT DR. KING'S BIRTHDAY, I THINK ABOUT SOME OF THE REVERSALS

                    THAT WE HAVE SUFFERED IN THIS COUNTRY:  REVERSAL ON PROTECTION FOR

                    IMMIGRANTS; REVERSAL ON THE WAR ON POVERTY; REVERSAL ON ACTS OF

                                         50



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    VIOLENCE AND BIASED-RELATED CRIMES AROUND THIS COUNTRY; REVERSAL ON

                    EDUCATION EQUALITY IN THIS COUNTRY.  AND THINK ABOUT WHAT DR. KING

                    WOULD SAY TO US TODAY WERE HE WITH US TODAY.  HE WOULD SAY TO US WE

                    HAVE WORK TO DO.

                                 BUT THE MOST SEARING AND DISTURBING OF THESE REVERSALS

                    IS THE ONE THAT RELATES TO VIOLENCE AGAINST INDIVIDUALS BASED UPON BIAS,

                    HATE CRIMES ON THE RISE AROUND THIS COUNTRY, AND UNDERSTAND THAT THOSE

                    INDIVIDUAL ACTS SPEAK TO A BROADER PROBLEM.  THEY GIVE LICENSE AROUND

                    THE COUNTRY TO THE POLICY CHANGES THAT HURT PEOPLE IN MORE PERMANENT

                    WAYS.

                                 SO, WE HAVE A LOT OF WORK TO DO.  WE'RE DOING GOOD

                    WORK HERE IN NEW YORK, BUT DR. KING, I THINK, WOULD BE VERY UPSET

                    ABOUT WHAT HE'S SEEING IN THIS COUNTRY IN THE LAST COUPLE OF YEARS AND

                    WOULD SAY TO US WE'VE COME A LONG WAY.  WE HAVE A LOT MORE -- MANY

                    MORE ROADS TO TRAVEL, MANY MORE MILES TO TRAVEL TO TRY AND GET THIS

                    COUNTRY TO WHERE WE NEED IT TO BE.  MOST DISTURBING IS THE IDEA THAT

                    BIGOTRY -- THE CIVIL RIGHTS MOVEMENT WAS VERY MUCH BASED ON THE

                    IDEA THAT BIGOTRY WAS IMMORAL AND FROM EVEN THE HIGHEST OFFICE IN THIS

                    LAND, WE'RE GETTING A DIFFERENT MESSAGE.  THAT IS DISAPPOINTING, THAT

                    MUST BE RESISTED AT EVERY TURN.  WE HONOR DR. KING'S BIRTHDAY BY

                    MAKING SURE THAT WE UNDUE SOME OF THESE REVERSALS.  THANK YOU.

                                 SPEAKER HEASTIE:  MR. TAYLOR ON THE RESOLUTION.

                                 MR. TAYLOR:  THANK YOU, MR. SPEAKER.  I RISE TO

                    CELEBRATE THIS OCCASION AND THE 34TH ANNIVERSARY.  I'M REMINDED AS A

                    CUNY STUDENT TAKING ONE OF THOSE BUSES DOWN TO D.C. IN THE BITTER

                                         51



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    COLD OF JANUARY ADVOCATING FOR SUCH A DAY AS THIS, AND TO COME FULL

                    CIRCLE AND TO STAND HERE.  I THINK A LOT HAS BEEN SAID AND MORE CAN BE

                    SAID, BUT AT SOME POINT, WORDS KIND OF -- THEY FALL OFF THE TABLE WHEN

                    ACTION IS MISSING.  SO, THERE'S A LOT OF CONVERSATION AND I THINK ONE OF

                    THE THINGS THAT DR. KING SAID, THE ONLY THING NECESSARY FOR EVIL TO

                    TRIUMPH IS FOR GOOD MEN TO DO NOTHING, AND IN OUR CONTEXT AS

                    LEGISLATORS IN WHERE WE FIND OURSELVES IN THIS -- THIS STRUGGLE, WHETHER

                    WE ARE STUDENTS, WHETHER WE ARE SEASONED LEGISLATORS OR LOBBYISTS,

                    THERE'S A LOT TO BE DONE AND SAID, BUT MORE ACTION IS NECESSARY.

                                 I THINK ONE OF THE THINGS THAT FOR SURE, HE SAID, HOW

                    LONG?  AND THEN THE RESPONSE WAS, NOT LONG, BUT I KNOW THAT "NOT

                    LONG" HAS STILL NOT ARRIVED YET.  THE QUESTION IS STILL HOW LONG BEFORE

                    THERE'S EQUALITY?  HOW LONG BEFORE WE'RE ABLE TO LOOK AROUND AND SAY

                    IT'S NOT FOR ONE PARTICULAR ORGANIZATION, BUT IT'S FOR EACH AND EVERY

                    INDIVIDUAL THAT CALLS THEMSELVES A -- A MEMBER OF THIS CULTURE AND THIS

                    SOCIETY TO BE INVOLVED IN WAYS AND DOING SERVICE THAT'S GOING TO BENEFIT

                    THEIR COMMUNITY, THEIR NEIGHBORHOOD, AND THEN IT GOES TO A LARGER

                    SCALE, BUT IT HAS TO START WITH THE INDIVIDUAL INSIDE SAYING, I MAKE A

                    DIFFERENCE.  I MATTER.  AND IF I'M GOING TO MOVE THIS DREAM FORWARD I

                    NEED TO BE ENGAGED IN MY COMMUNITY, ENGAGED IN WHAT'S GOING ON

                    AROUND ME.  AND, SOONER OR LATER, IF -- IF WE'RE NOT INVOLVED, WHATEVER

                    WE THINK IS SOMEBODY ELSE'S PROBLEM, WILL EVENTUALLY FIND ITS WAY TO

                    OUR DOOR.

                                 SO I THINK WE HAVE A WAYS TO GO, BUT DON'T GIVE UP.

                    AND I WANT TO ENCOURAGE US:  WE'RE HERE, BUT THERE -- I THINK EACH ONE

                                         52



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OF US REPRESENT ABOUT 150,000 RESIDENTS, GIVE OR TAKE, IN THIS STATE.  I

                    THINK THERE WERE 20,000 -- OR 20 MILLION IN THE STATE OF NEW YORK AND

                    WE EACH HAVE A ROLE TO PLAY.  SO, LET US ENCOURAGE EACH OTHER AND

                    SOMETIMES WHEN IT'S DIFFICULT, DON'T GIVE UP, DON'T GIVE IN AND DON'T

                    TURN ON EACH OTHER, BUT FIGHT THE FIGHT THAT NEEDS TO BE FOUGHT SO THAT

                    WE CAN MOVE FORWARD.  THANK YOU, MR. SPEAKER.

                                 SPEAKER HEASTIE:  MR. MOSLEY ON THE RESOLUTION.

                                 MR. MOSLEY:  THANK YOU, MR. SPEAKER, ON THE

                    RESOLUTION.

                                 I WAS RECENTLY WATCHING AN INTERVIEW BY BISHOP

                    WILLIAM BARBER IN WHICH HE SAID THAT MARTYRS ARE NEVER TO BE REVERED,

                    BUT TO BE FOLLOWED.  AND IN A WAY IN WHICH WE ARE HONORING DR. KING

                    FOR THE FIRST TIME IN A LONG TIME SINCE I'VE BEEN ELECTED HERE AND AS A

                    STAFFER BEFORE THAT, IN THIS 2019 SESSION I THINK FOR THE VERY FIRST TIME

                    WE HAVE STARTED TO LIVE OUT DR. KING'S DREAM.  INSTEAD OF JUST TALKING

                    ABOUT HIM, WE STARTED TO PASS LEGISLATION, WHETHER IT WAS GENDA,

                    ELECTORAL REFORM OR VOTING RIGHTS REFORM, RPA, THESE ARE THE THINGS

                    THAT DR. KING WOULD HAVE BEEN FIGHTING FOR IF HE WERE ALIVE TODAY.

                    THESE ARE THE THINGS THAT UNFORTUNATELY GOT HIM KILLED.  THESE ARE THE

                    THINGS THAT GOING FORWARD - AND SOON WE'LL BE PASSING THE JOSÉ PERALTA

                    DREAM ACT - THAT WILL NOT ONLY BE REFLECTIVE OF THE LIFE THAT HE LED

                    AND THAT LEGACY THAT WE FOLLOW, BUT AS I SAID OVER THIS PAST WEEKEND,

                    THE BATON HAS BEEN PASSED TO US.  THE QUESTION IS AS WE PASS THE BATON

                    TO THE NEXT GENERATION, WILL WE PASS IT TO THEM IN A BETTER POSITION THAN

                    WHEN WE RECEIVED IT?

                                         53



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 I ALWAYS END MY DR. KING DAY AT MY MOTHER'S CHURCH,

                    ST. MARY'S EPISCOPAL CHURCH IN BROOKLYN, AND IN THOSE TIMES WE ALL

                    ARE ASKED AS ELECTED OFFICIALS TO READ A PASSAGE OF DR. KING'S WORDS OF

                    SOME VARIOUS SPEECHES AND ONE OF HIS SPEECHES, OBVIOUSLY, THE "I HAVE

                    A DREAM" SPEECH WHICH WAS SO NOTED EARLIER.  HE SAYS, IN PART, THOSE

                    WHO HOPE THAT THE NEGRO NEEDED TO BLOW OFF STEAM AND WILL NOW BE

                    CONTENT WILL HAVE A RUDE AWAKENING IF THE NATION RETURNS TO BUSINESS AS

                    USUAL.  THEY'LL BE NEITHER REST NOR TRANQUILITY IN AMERICA UNTIL THE

                    NEGRO IS GRANTED HIS CITIZENSHIP RIGHTS.  THE WHIRLWINDS OF REVOLT WILL

                    CONTINUE TO SHAKE THE FOUNDATION OF OUR NATION UNTIL THE BRIGHT DAY OF

                    JUSTICE EMERGES.

                                 WELL I SAY, MR. SPEAKER, I BELIEVE THAT IN THESE PAST

                    FEW DAYS UNDER YOUR LEADERSHIP AND THE LEADERSHIP OF ANDREA

                    STEWART-COUSINS IN THE SENATE, THAT WE HAVE BRIGHTER DAYS AMONGST US,

                    BUT MORE IMPORTANTLY, WE HAVE BRIGHTER DAYS AHEAD OF US.  SO ON THIS --

                    ON BEHALF OF THIS DR. KING DAY, IN WHICH I KNOW DR. KING WOULD BE

                    CELEBRATING HIS 90TH BIRTHDAY.  HE WAS AN ALPHA MAN.  HE WAS A FAMILY

                    MAN.  HE WAS A MAN OF FAITH, BUT MORE IMPORTANTLY, HE WAS AN

                    AMERICAN THAT SHOULD BE REVERED AND FOLLOWED BY US ALL.  THANK YOU,

                    MR. SPEAKER.

                                 SPEAKER HEASTIE:  MR. BRONSON ON THE

                    RESOLUTION.

                                 MR. BRONSON:  MR. SPEAKER, UNITY AND LOVE IN THE

                    FACE OF HATE.  THROUGH THIS RESOLUTION, WE HONOR THE CONTRIBUTIONS AND

                    LASTING LEGACY OF DR. MARTIN LUTHER KING.  THIS DAY IS NOT JUST TO

                                         54



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    RECOGNIZE THE TRIUMPHS OF A PROGRESSIVE CHAMPION WHO FOUGHT FOR

                    RACIAL, ECONOMIC AND WORKER JUSTICE AND THE OVERALL PRINCIPLES OF

                    EQUALITY, IT IS ALSO RECOGNITION THAT SERVES US TO REMEMBER THAT WE

                    CANNOT LET HATE DIVIDE US.  DR. MARTIN LUTHER KING WAS A UNIFYING

                    PUBLIC SERVANT AND INTEGRAL TO THE CIVIL RIGHTS MOVEMENT.  LINKED ARM

                    AND ARM WITH OTHER CIVIL RIGHTS LEADERS AND ALLIES, DR. KING MARCHED

                    WITH DIGNITY, SEEKING A VISION OF HOPE AND EQUALITY FOR ALL.  HE

                    LAUNCHED THE POOR PEOPLE'S CAMPAIGN TO BRING ATTENTION TO THE LACK OF

                    ECONOMIC JUSTICE AND OPPORTUNITY FACED BY TOO MANY IN THIS COUNTRY.

                    HE EXEMPLIFIED SERVICE OVER SELF, DELIVERED UNITY OVER DIVISION AND,

                    MOST IMPORTANTLY, TAUGHT US TO CHOOSE LOVE OVER HATE.

                                 THE CURRENT FEDERAL ADMINISTRATION IS DIVIDING US

                    RATHER THAN UNIFYING US.  THEY ARE ATTEMPTING TO DEFINE THOSE OF US WHO

                    LOOK DIFFERENTLY, LOVE DIFFERENTLY, PRAY DIFFERENTLY, AS AN OTHER.  AND IF

                    YOU ARE AN "OTHER", THEN YOU ARE A THREAT IN THEIR MINDS.  IN THESE

                    TROUBLING TIMES, IT IS IMPORTANT TO REMEMBER THE WORDS OF DR. KING

                    WHO SAID, DARKNESS CANNOT DRIVE OUT DARKNESS, ONLY LIGHT CAN DO THAT.

                    HATE CANNOT DRIVE OUT -- HATE CANNOT DRIVE OUT HATE, ONLY LOVE CAN DO

                    THAT.  I CHOOSE LIGHT AND I CHOOSE LOVE.  I CHOOSE UNITY WITH ALLIES FROM

                    ALL ASPECTS OF OUR COMMUNITY.  WE FOLLOW IN THE FOOTSTEPS OF DR. KING

                    IN THE NEVER-ENDING MARCH TOWARDS JUSTICE AND FULL EQUALITY.

                                 ALTHOUGH THERE'S STILL MUCH TO BE DONE TO FINALLY

                    ACHIEVE THE UNITY OF WHICH HE DREAMT, DR. MARTIN LUTHER KING, JR. DAY

                    REMINDS US THAT WE CAN ACHIEVE THAT DREAM THROUGH LOVE AND UNITY.

                                 SPEAKER HEASTIE:  THANK YOU.

                                         55



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. LAVINE ON THE RESOLUTION.

                                 MR. LAVINE:  THANK YOU, MR. SPEAKER.  I AM

                    CERTAINLY OLD ENOUGH TO HAVE SOME RECOLLECTIONS, ALTHOUGH THEY ARE

                    VAGUE, OF WHAT THE WORLD WAS LIKE BEFORE 1954, THE YEAR THE SUPREME

                    COURT OF THE UNITED STATES FINALLY STRUCK DOWN THE LEGALLY SANCTIONED

                    SCOURGE OF SEGREGATION.  AND THE MEMORY REMAINS WITH ME OF BEING IN

                    A DEPARTMENT STORE IN CHICAGO WITH MY MOTHER AND GRANDMOTHER AND

                    SEEING SEPARATE ROOMS, BATHROOMS, SOME MARKED "COLORED", SOME

                    MARKED "WHITE"; WATER FOUNTAINS WITH THE SAME LEGENDS ABOVE THEM.

                    AND AT THE TIME I REMEMBER BEING FASCINATED BY THE PROSPECT OF BEING

                    ABLE TO GET COLORED WATER AS OPPOSED TO THE TRANSLUCENT, TASTELESS WATER

                    THAT I HAD PREVIOUSLY BEEN EXPOSED TO.  BUT I GUESS, EVEN THEN, I MUST

                    HAVE HAD SOME LIBERAL TENDENCIES.  AND IT'S FUNNY, THOUGH, HOW THE

                    RECOLLECTIONS AND THE MEMORIES OF A CHILD STAY WITH US THROUGHOUT A

                    LIFETIME, WHICH LEADS ME TO SAY THAT SO MANY OF THOSE WHO HATE TODAY

                    HAVE BEEN BROUGHT UP AND TAUGHT TO HATE, BUT THAT'S A SUBJECT FOR

                    ANOTHER DAY, ALTHOUGH IT'S A SUBJECT THAT DR. KING KNEW AND KNEW ALL

                    TOO WELL.

                                 SO, IT'S 1954 THE YEAR OF BROWN V. BOARD OF EDUCATION

                    THAT DR. KING ACCEPTED THE PASTORSHIP AT THE DEXTER AVENUE BAPTIST

                    CHURCH IN MONTGOMERY.  HIS PREDECESSOR IN THE PULPIT, LARGELY

                    UNREMEMBERED TODAY, AS ARE SO MANY TRUE AMERICAN HEROS, WAS THE

                    REVEREND VERNON JOHNS.  JOHNS WAS CRITICAL OF THE ENTIRE COMMUNITY,

                    DIDN'T MATER IF THEY WERE BLACK, WHITE, WEALTHY, POWERFUL.  HE PUT

                    HIMSELF IN DANGER, PUT HIS LIFE IN DANGER ANY NUMBER OF TIMES TO SPEAK

                                         56



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THE TRUTH.  IT WAS HIS COURAGE AND HIS DEDICATION THAT PAVED THE WAY FOR

                    A YOUNG DR. MARTIN LUTHER KING.  BUT EVEN JOHNS STOOD UPON AND

                    BALANCED HIMSELF ON THE SHOULDERS OF AMERICAN HEROS WHO HAD

                    PRECEDED HIM INCLUDING, BUT IN NO WAY LIMITED TO PEOPLE LIKE RICHARD

                    ALLEN AND ABSALOM JONES, THE FOUNDERS OF THE FREE AMERICAN SOCIETY

                    THAT LATER GREW INTO THE EARLY AFRICAN METHODIST EPISCOPAL CHURCH;

                    MEDGAR EVERS; VIOLA LIUZZO; MICKEY SCHWERNER; JAMES CHANEY;

                    ANDREW GOODMAN; CAROLE ROBERTSON, AGE 14; ADDIE MAE COLLINS, AGE

                    14; CYNTHIA WESLEY, AGE 14 AND CAROL DENISE MCNAIR, ONLY 11, ARE

                    JUST A FEW OF THE NAMES OF OUR FELLOW AMERICANS WHOSE LIVES WERE

                    SACRIFICED IN THE BATTLE FOR HUMAN RIGHTS AND HUMAN DIGNITY.  SHOULD

                    WE FAIL TO RECOGNIZE AND HONOR ALL WHO CONTRIBUTED TO THIS HISTORIC AND

                    TO THIS TRULY MOST UNIQUELY AMERICAN MOVEMENT FOR HUMAN RIGHTS, WE

                    WILL THEN MISS THE TRUE SIGNIFICANCE OF THESE DAYS ON WHICH WE HONOR

                    DR. KING'S NAME.  YOU ALL KNOW THAT DR. KING WOULD HAVE WANTED IT

                    NO OTHER WAY.

                                 SO, LET US STAND TOGETHER TO HONOR DR. KING AND EVERY

                    OTHER PERSON WHO FOUGHT FOR CIVIL RIGHTS, WHOSE SPIRITS DEMAND

                    NOTHING LESS THAN EACH AND EVERY SINGLE ONE OF US DEDICATE OURSELVES TO

                    THE CONTINUATION OF THE STRUGGLE FOR HUMAN RIGHTS HERE IN OUR OWN

                    NATION AND THROUGHOUT THE WORLD.  AND LET YOU AND I GIVE OUR SOLEMN

                    PROMISE TO DO OUR UTMOST TO HELP BEND THAT LONG ARC OF HUMAN

                    DEVELOPMENT THAT DR. KING SPOKE SO ELOQUENTLY OF TOWARDS JUSTICE AND

                    TOWARDS FAIRNESS.  AS AMERICANS, THIS IS THE FAITH THAT WE MUST KEEP

                    AND IN THE FACE OF ALL THE THREATS TO CIVIL RIGHTS THAT CONFRONT US TODAY,

                                         57



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    LET US MAKE SURE THAT THIS IS A FAITH THAT WE KEEP, WE KEEP DEEP, DEEP

                    WITHIN OUR HEARTS.  THANK YOU.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MS. FRONTUS ON THE RESOLUTION.

                                 MS. FRONTUS:  THANK YOU SO MUCH, MR. SPEAKER.

                    I'M VERY, VERY HAPPY TO SEE THIS BODY TAKING UP THIS RESOLUTION TO

                    COMMEMORATE THE ANNIVERSARY OF MARTIN LUTHER KING DAY.  I ATTENDED

                    THREE GREAT EVENTS ON MLK DAY JUST A COUPLE OF DAYS AGO AND I WANT TO

                    EXPRESS HERE THE SENTIMENTS THAT I SHARED AT THOSE EVENTS, WHICH SOUND

                    VERY SIMILAR TO WHAT MY COLLEAGUE, MR. BARRON, EXPRESSED BEFORE.

                                 I HAVE A SENSE OF CONCERN.  I'M VERY, VERY CONCERNED

                    THAT THIS BODY AND THAT AMERICANS IN GENERAL DO NOT WHITEWASH THE

                    LEGACY OF DR. KING.  IT'S VERY, VERY IMPORTANT TO ME; IN FACT, I USED THE

                    WORDS ON SOCIAL MEDIA THAT IT'S IMPORTANT THAT WE DON'T REDUCE HIM TO A

                    FEEL-GOOD CARICATURE.  THE REASON WHY I SAID THAT IS BECAUSE A LOT OF

                    TIMES I FIND THAT WE FREEZE HIM IN TIME AND WE CHERRY-PICK AND WE TALK

                    ABOUT THE DREAM AND THE VISION THAT BLACK AND WHITE CHILDREN CAN GO TO

                    THE SAME SCHOOL.  BUT IN MY HUMBLE ESTIMATION, IT'S SO MUCH DEEPER

                    THAN THAT.

                                 HE WAS SUCH A RADICAL VISIONARY, A RADICAL FIGHTER FOR

                    FREEDOM AND FOR JUSTICE; IN FACT, HE SAID SOME WORDS THAT WERE SO

                    PIERCING THAT I SOMETIMES HAVE TO READ THEM AGAIN AND AGAIN, BUT HE

                    ONCE SAID THAT HE FOUND THE WHITE MODERATE AND THOSE THAT WERE NEUTRAL

                    AND AMBIGUOUS IN TIMES OF GRAVE INJUSTICE TO, FRANKLY, BE MORE

                    DANGEROUS THAN THE KKK.  WHAT THAT SAYS TO ME, FRANKLY, IS THAT THIS

                                         58



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BODY NEEDS TO USE THIS OPPORTUNITY NOT TO JUST SORT OF REMINISCE OR TALK

                    ABOUT THE RACIAL HARMONY THAT HE EXPELS, BUT TO BE VERY HONEST, TO

                    CREATE OUR OWN LITMUS TEST FOR THE WORK THAT WE DO HERE.

                                 AND IF I MAY BE HONEST, I BELIEVE THAT THAT LITMUS TEST

                    SHOULD ALWAYS BE SOCIAL JUSTICE:  ARE WE DOING ENOUGH TO HONOR HIS

                    LEGACY BY PROMOTING JUSTICE?  THAT, TO ME, IS WHAT HIS MEMORY IS

                    ABOUT.  THAT'S THE BOTTOM LINE HERE IN THESE CHAMBERS, MAKING SURE

                    THAT EVERY SINGLE TIME THAT WE COME HERE WE ARE PROTECTING THE MOST

                    VULNERABLE, WE'RE FIGHTING FOR RACIAL JUSTICE, FOR ECONOMIC JUSTICE, FOR

                    ENVIRONMENTAL JUSTICE AND PROTECTING ALL THE PEOPLE WHO ARE

                    MARGINALIZED IN OUR SOCIETY, ALL THE PEOPLE WHO ARE LIVING ON THE

                    OUTSKIRTS, ALL THE PEOPLE WHO ARE BEING DISRESPECTED BY THE

                    GOVERNMENT, BY LAW ENFORCEMENT.  WE MUST SPEAK UP FOR THEM.  WE

                    HAVE TO BE FIGHTING FOR THEM.  THAT'S WHAT MLK WOULD WANT.  THAT'S

                    WHAT HE ASKED US TO DO AND MAY WE ALL JUST TAKE HEED AND THANK YOU,

                    SPEAKER.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MRS. ARROYO ON THE RESOLUTION.

                                 MRS. ARROYO:  THANK YOU, MR. SPEAKER, FOR

                    GIVING ME THE OPPORTUNITY.  BROTHER, THANK YOU FOR YOUR WORDS, BUT AS

                    A PUERTO RICAN WOMAN, AS A MINORITY PERSON THAT RAISED CHILDREN BY

                    HERSELF IN THIS COUNTRY, I WAS HERE WHEN THE STRUGGLE WAS THERE, AND I

                    WAS HERE TO CRY THE NIGHT THAT WE WOULD ANNOUNCE THAT DR. MARTIN

                    KING WAS SACRIFICED.  WELL, LET ME THAT TELL YOU SOMETHING, THAT

                    SACRIFICE BRING OUR COMMUNITIES TO A LEVEL THAT IN THE SECOND -- IN THE --

                                         59



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    IN THE FIRST PART OF THIS -- OF 19 -- OF THIS COUNTRY, WE WERE ABLE TO PUT

                    AN AFRO-AMERICAN DECEDENT PERSON SITTING IN THE WHITE HOUSE IN THE

                    UNITED STATES OF AMERICA, AND HE WAS A GREAT PRESIDENT.

                                 I HAVE TO SAY THAT WHAT WE HAVE TO DO IS THAT THE MORE

                    THAT YOU READ AND LEARN ABOUT A PERSON LIKE DR. KING IS THE BIGGER

                    INSPIRATION THAT YOU HAVE TO CONTINUE AND TO GRAB THOSE YOUNGSTERS THAT

                    ARE AROUND THAT ARE HAVING PROBLEMS AND HELP THEM TO BECOME THE

                    PERSONS THAT DR. KING WANT THEM TO BE.  HIS SACRIFICE WAS NOT IN VAIN.

                    I THINK THAT GOD -- MOST OF THE TIME GOD IS THE ONE THAT PUT THE MAN OR

                    THE WOMAN IN THE PLACE THAT THAT PERSON BELONG.  I AM VERY PROUD TODAY

                    TO SALUTE ALL MY BROTHERS IN THE MINORITY COMMUNITIES AND THE DREAMS

                    OF MARTIN LUTHER KING, LOOK WHAT IS HAPPENING TODAY.  WE ARE GOING

                    TO PASS A DREAM ACT THAT FOR YEARS WE WERE NOT ABLE TO PASS IN THIS

                    ASSEMBLY, BECAUSE GOD IS LOOKING AND HE IS NOT BLIND.  MY

                    CONGRATULATIONS TO ALL OF YOU AND TO YOU, MR. SPEAKER, THANK YOU FOR

                    BRINGING THIS RESOLUTION TO THE FLOOR.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MR. AUBRY ON THE RESOLUTION.

                                 MR. AUBRY:  THANK YOU, MR. SPEAKER.  ON THIS

                    PARTICULAR DAY, IT IS A SIGNIFICANT DAY.  WE HAVE BEGUN THE DAY

                    REMEMBERING VICTIMS OF THE HOLOCAUST.  WE, IN THE MIDDLE, REMEMBER

                    THE INCREDIBLE HERO THAT WAS DR. MARTIN LUTHER KING AND TOWARD THE

                    END OF THE DAY, WE WILL PASS THE DREAM ACT, RECOGNIZING THE

                    STRUGGLES OF YOUNG PEOPLE WHO COME HERE SEEKING FREEDOM, SEEKING

                    EDUCATION; REMARKABLE DAY.

                                         60



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 BUT THIS PARTICULAR RESOLUTION MAKES ME REFLECT ON

                    REMARKABLE PEOPLE AND THE TWO MOST REMARKABLE PEOPLE THAT COME TO

                    MIND FOR ME ARE MY FATHER AND MY MOTHER, WHO ARE NO LONGER HERE;

                    THADDEUS AND LIANEESE (PHONETIC).  BORN IN LOUISIANA SOMEWHERE IN

                    AND AROUND NEW ORLEANS, BORN IN A TIME WHEN BEING

                    AFRICAN-AMERICAN OR COLORED OR WHATEVER NAME THEY WERE BEING

                    ASSOCIATED AT THE TIME, SOME OF WHICH WE DON'T REPEAT, THEIR ABILITIES,

                    THEIR SKILLS AND THEIR LIVES WERE CURTAILED.  THERE WAS AN ORGANIZED

                    GOVERNMENTAL SOCIETAL SYSTEM THAT DENIED THEM THE ABILITY TO BE THE

                    BEST THEY COULD BE.

                                 AND I REMEMBER THAT LAND, BECAUSE I WENT BACK TO

                    NEW ORLEANS MANY TIMES AS A YOUNGSTER, EVEN AS YOUNG AS FIVE AND

                    SIX, AND CAN REMEMBER SEEING THE SIGNS, THE "COLORED-ONLY" SIGNS; NOT

                    BEING ABLE TO WALK ON A CERTAIN SIDE OF THE STREET; HAVING TO STEP INTO

                    THE STREET IF A WHITE PERSON WAS COMING DOWN; NOT BEING ABLE TO

                    WORSHIP IN A CHURCH IN A PLACE THAT YOU WANTED HAVING TO GO TO A

                    SEPARATE SEGREGATED SIDE OF A CHURCH; NOT BEING ABLE TO GO TO A POOL

                    AND SWIM IN THE MIDDLE OF THE HOT SUMMER, THAT WAS IN MOBILE,

                    ALABAMA; HAVING TO RIDE ON THE BACK OF A TRAIN - ONCE YOU GOT TO

                    WASHINGTON D.C., YOU HAD TO GET OFF THE TRAIN AND GO TO THE BACK OF THE

                    TRAIN.  THESE THINGS STAY SEARED IN YOUR SOUL.  THEY DON'T GO AWAY.

                    YOU REMEMBER THEM MAYBE EVEN MORE THAN THE CHRISTMASES, BECAUSE

                    ESSENTIALLY IT DENIED YOU THE OPPORTUNITY TO BE EQUAL.

                                 I WOULD ONLY SAY THIS, AND WE'VE HEARD SO MANY THINGS

                    ABOUT IT, THAT FOR AFRICAN-AMERICANS, WE HAVE ALWAYS BEEN

                                         61



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    REVOLUTIONARIES.  WE WERE REVOLUTIONARIES IN THE BOATS IN THE MIDDLE

                    PASSAGE.  WE SOMETIMES COMMITTED SUICIDE NOT TO BE TAKEN INTO

                    BONDAGE.  WE FOUGHT OFTEN WHEN WE WERE TAKEN TO THE BREAKING IN

                    CAMPS, WHEN WE WERE SENT TO THE PLANTATIONS TO WORK.  WE HAVE

                    ALWAYS BEEN REVOLUTIONARIES.  IT JUST EVOLVES OVER TIME WHAT YOU

                    CONSIDER TO BE A REVOLUTION.  MARTIN LUTHER KING IN HIS TIME, EVEN AS

                    HE BEGAN THE DESEGREGATION MOVEMENT, WAS REVOLUTIONARY.  NOT

                    EVERYBODY WHO IS AFRICAN-AMERICAN BELIEVED THAT HE SHOULD DO WHAT

                    HE DID.  THEY SAID, YOU'RE CAUSING TROUBLE.  AND WE HAD BEEN

                    SUBJUGATED IN SUCH A WAY THAT OUR MENTALITY SAID, YOU DON'T COMPLAIN.

                    THE BEST WAY TO DO IT IS TO GET ALONG - YOU'VE HEARD THAT TERM - BECAUSE

                    IF YOU DIDN'T AND IT WASN'T JUST A WHIMSICAL THOUGHT, YOU COULD BE DEAD

                    BECAUSE YOU COULD BE HANGED, YOU COULD BE WHIPPED, YOU COULD BE

                    BEATEN AND SHOT FOR MERELY OBJECTING TO THE STATUS QUO.  THAT WAS THE

                    WORLD BEFORE MARTIN LUTHER KING.  AND WHEN THE SOLDIERS,

                    AFRICAN-AMERICAN SOLDIERS, CAME BACK FROM WORLD WAR I AND WORLD

                    WAR II WHERE THEY HAD SEEN DIFFERENT WORLDS, DIFFERENT WAYS OF DOING

                    IT, THERE WAS A GREAT DISSATISFACTION THAT WAS RAISED UP IN THE

                    COMMUNITY:  I JUST FOUGHT FOR MY COUNTRY AND, YET, I'M NOT FREE TO BE A

                    PART OF THIS COUNTRY.

                                 AND SO, THAT REVOLUTIONARY PROCESS TAKES PLACE AND

                    BRINGS US HERE TO THIS PLACE WHERE WE HAVE A STRUGGLE THAT STILL GOES ON,

                    AND A STRUGGLE THAT WE, AS A COMMUNITY, THE LARGEST COMMUNITY, ARE

                    BEGINNING TO WIN.  IT ISN'T WON, BUT BEGINNING TO WIN.  DAYS LIKE TODAY

                    SHOW THAT, BECAUSE WE WOULD NOT BE ABLE TO DO THIS IN MY PARENT'S

                                         62



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    TIME.  WE WOULD NOT BE ABLE TO SIT AND HAVE THESE CONVERSATIONS IN MY

                    PARENT'S TIME.  WE WOULD NOT HAVE LEADERS WHO LOOK LIKE THE PEOPLE

                    WHO WERE ENSLAVED IN MY PARENT'S TIME IN EITHER OF THE HOUSES.  WE

                    WOULD NOT HAVE HAD A GOVERNOR WHO LOOKED LIKE I DO IN MY PARENT'S

                    TIME.

                                 AND SO, MY FATHER, WHO PASSED AWAY WHEN HE WAS 94,

                    WAS AMAZED AT THE WORLD THAT HE SAW.  HE WAS INCREDIBLY HOPEFUL THAT

                    THESE THINGS HAVE CHANGED FROM WHAT HIS LIFE WAS LIKE AS HE STRUGGLED

                    TO SURVIVE, RAISE A FAMILY, MOVE THEM UP TO THE NORTH TO SEEK FREEDOM,

                    FIND THAT FREEDOM IN THE NORTH WAS NOT WHAT FREEDOM IN THE NORTH WAS

                    SOLD TO BE, BUT STILL PERSEVERED TO BRING HIS CHILDREN ALONG.  THESE ARE

                    THE BITS OF REVOLUTION.  SO YOU ALL, NO MATTER WHO YOU ARE IN ONE WAY

                    OR ANOTHER, ARE PART OF A REVOLUTION; A REVOLUTION THAT IS AN AMERICAN

                    STORY THAT INVOLVES ALL OF US BECAUSE EVERYBODY HERE PROBABLY HAS BEEN

                    ON THE OTHER SIDE SOMEWHERE IN YOUR LIFE.  YOU HAVE NOT BEEN "THE

                    ONE".  SOMEBODY LOOKED DOWN AT YOU.  IF YOU WERE IRISH, SOMEBODY

                    LOOKED DOWN AT YOU.  IF YOU'RE ITALIAN, SOMEBODY LOOKED DOWN AT YOU.

                    IF YOU'RE, POLISH SOMEBODY LOOKED DOWN AT YOU.  ALL OF US WERE LOOKED

                    DOWN BY SOMEBODY.  WHAT WE SEEK IS A WORLD WHERE YOU HAVE NO RIGHT

                    TO LOOK DOWN ON ANYONE, THAT YOU SEE THEM EYE FOR EYE AND WHO THEY

                    ARE.  AND THAT IS WHAT THIS STRUGGLE, THIS REVOLUTION IS ABOUT.

                                 I HOPE THAT DR. MARTIN LUTHER KING BLESSES US WITH

                    THE ABILITY TO MAKE THAT HAPPEN; A VISION, A DREAM, A BELIEF THAT THAT IS

                    WHO WE SHOULD BE AND MUST BE IN ANY WAY THAT WE CAN.  THANK YOU.

                                 SPEAKER HEASTIE:  THANK YOU.

                                         63



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. GLICK ON THE REVOLU -- ON THE REVOLUTION --

                                 (LAUGHTER)

                                 -- ON THE RESOLUTION.

                                 THAT'S FOR YOU, CHARLES.

                                 (LAUGHTER)

                                 MS. GLICK:  THAT'S OKAY.  REVOLUTION IS RIGHT.  I AM

                    HUMBLED BY THE COMMENTS OF MANY OF MY COLLEAGUES, THE PASSION AND

                    THE EXPRESSION OF HOPE ON THE ONE HAND, AND DISSATISFACTION ON THE

                    OTHER; THEY ARE BOTH CONSISTENT WITH OUR JOURNEY.

                                 WHAT I WANTED TO SAY ABOUT MARTIN LUTHER KING WAS

                    HIS COMMITMENT TO NON-VIOLENCE DESPITE THE PERNICIOUS AND CONSISTENT

                    VIOLENCE TOWARDS AFRICAN-AMERICAN PEOPLE WAS A TESTAMENT TO A TRUE

                    COMMITMENT TO FAITH.  IT WAS NOT OUT OF FEAR, BUT OUT OF THE MOST

                    INCREDIBLE COURAGE TO STAND AGAINST THE VIOLENCE OF BOTH THE STATE -- I

                    WAS A YOUNGSTER WHO SAW THOSE PICTURES OF DOGS AND FIRE HOSES AND THE

                    COURAGE IT TOOK TO STAND UP TO THAT, TO THE BEATING THAT PEOPLE TOOK,

                    SHOCKED THE CONSCIENCE OF THE NATION THAT THEN FELL BACK.  THE COURAGE

                    THAT IT TOOK FOR EMMETT TILLS' MOTHER TO SAY, I WANT THE COUNTRY TO SEE

                    WHAT WAS DONE TO MY SON; THE COURAGE THAT IT TOOK FOR SO MANY PEOPLE

                    WHO ARE NAMELESS TO US TODAY WHO MARCHED ACROSS THE PETTUS BRIDGE;

                    THE COURAGE OF A JOHN LEWIS.  THOSE ARE HEROS TO US.

                                 AND SO, AS WE REFLECT UPON MARTIN LUTHER KING AND

                    REFLECT UPON THAT COMMITMENT TO NON-VIOLENCE AT A TIME WHEN WE SEE

                    THAT THE OPPOSITION TO EQUALITY IS ALWAYS SPURRED TO VIOLENCE.  THE

                    ATTACK IN CHARLOTTESVILLE, PEOPLE PEACEFULLY PROTESTING RESPONDED TO BY

                                         64



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    VIOLENCE.  IT SAYS SOMETHING TO ME AND HOPEFULLY TO OTHERS THAT THE

                    MESSAGE OF EQUALITY PUSHES FORWARD, ALWAYS CONFRONTED BY THE FEAR OF

                    OTHERS THAT LEADS TO VIOLENCE.  AND TODAY, THE CONSTANT PUSH FORWARD

                    THAT'S MET WITH VIOLENCE IS NOW ENCOURAGED; ENCOURAGED NOT JUST IN THIS

                    COUNTRY, BUT BY THE STRONG MEN AROUND THE WORLD WHO BELIEVE THAT THE

                    ONLY WAY THAT THEIR COWARDICE CAN BE SUPPORTED IS BY THE VIOLENT

                    RESPONSE TO THE SIMPLE REQUEST FOR EQUALITY.  AND I BELIEVE IN MY HEART

                    THAT THAT MESSAGE OF NON-VIOLENCE NEEDS TO BE LIFTED UP AND CHALLENGE

                    THOSE THREATS TO EQUALITY THAT ARE PERPETRATED BY SMALL MINDED, FEARFUL

                    PEOPLE AND THAT THE ONLY WAY THEY SEE TO MAINTAIN THEIR PREEMINENCE IS

                    THROUGH VIOLENCE AGAINST THOSE SEEKING JUSTICE AND EQUALITY.

                                 AND SO, I'M PROUD TO STAND TODAY IN THIS REMEMBRANCE

                    AND, AS I SAID, VERY HUMBLED BY THE COMMENTS OF MY COLLEAGUES WHOSE

                    COMMUNITY HAS FACED ATROCIOUS DISCRIMINATION AND CONTINUED VIOLENCE

                    WHEN THE SIMPLE AND COMPELLING REQUEST IS FOR EQUALITY AND JUSTICE.

                    THANK YOU, MR. SPEAKER.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MR. RAIA ON THE RESOLUTION.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  I RISE IN

                    SUPPORT OF THIS RESOLUTION, AS I HAVE DONE MOST OF THE 17 YEARS I'VE

                    BEEN IN OFFICE; IN FACT, IT WAS 17 YEARS AGO DURING MY FIRST MARTIN

                    LUTHER KING OBSERVANCE THAT I WROTE DOWN A QUOTE AND I CARRY WITH IT

                    ME BECAUSE I THINK IT MEANS A LOT, OR SHOULD MEAN A LOT TO EVERYBODY IN

                    THIS ROOM:  "OUR LIVES BEGIN TO END THE DAY WE BECOME SILENT ABOUT

                    THINGS THAT MATTER."  I'M PROUD TO BE PART OF A LEGISLATIVE BODY THAT

                                         65



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THERE ARE NO SHRINKING VIOLETS HERE.  WE ALL STAND UP.  WE SPEAK OUR

                    PEACE.  WE MAY DIFFER ON WHAT THAT OUTCOME SHOULD BE, BUT WE ALL GET

                    ELECTED TO REPRESENT PEOPLE.

                                 I GREW UP IN A HOME WHERE I WAS TAUGHT NOT TO JUDGE

                    PEOPLE BY THEIR RACE, BY THEIR SKIN, BY THEIR RELIGION, BUT BY THE CONTENT

                    OF THEIR CHARACTER AND THEIR ACTIONS.  I HAVE TO SAY I WAS A LITTLE

                    DISTURBED WHEN ONE OF MY COLLEAGUES USED WORDS FROM DR. KING

                    TALKING ABOUT WHITE MODERATES.  I AM A WHITE MODERATE, BUT WE ALL

                    CAN'T BE GROUPED INTO ONE -- ONE GROUP.  TIMES -- A LOT OF THINGS HAVE

                    CHANGED SINCE THE DAYS OF DR. KING.  I'M PROUD TO BE A REPUBLICAN.

                    I'M PROUD TO BE A REPUBLICAN OF THE LIKES OF ABRAHAM LINCOLN.  I'M

                    PROUD TO BE A REPUBLICAN OF THE LIKES OF THE REPUBLICAN PARTY THAT

                    DELIVERED SO MANY SOCIAL JUSTICE ISSUES DURING THE '60S.  I'M PROUD TO

                    BE A REPUBLICAN, THE LIKES OF DR. MARTIN LUTHER KING.

                                 NOT ALL OF US SUBSCRIBE TO WHAT'S GOING ON IN

                    WASHINGTON.  NOT ALL OF US SUBSCRIBE TO THE HATRED THAT, QUITE HONESTLY,

                    IS ON BOTH SIDES OF THE POLITICAL SPECTRUM.  BUT IT IS INCUMBENT UPON

                    EACH AND EVERY ONE OF US, NO MATTER WHO WE ARE, NO MATTER THE COLOR OF

                    OUR SKIN, NO MATTER OUR RELIGION, NO MATTER WHERE WE CAME FROM, TO

                    STAND UP AND FIGHT AGAINST INJUSTICES.  I'M PROUD TO HAVE DONE THAT OVER

                    THE LAST 17 YEARS, AND I PLAN ON CONTINUING.  SO THANK YOU, MR.

                    SPEAKER, BUT MOST IMPORTANTLY, THANK YOU, DR. KING.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MS. DICKENS ON THE RESOLUTION.

                                 MS. DICKENS:  THANK YOU, MR. SPEAKER, AND THANK

                                         66



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    YOU FOR TAKING THE LEAD IN THIS HOUSE TO PRESENT THIS RESOLUTION.

                                 DR. KING WAS A RADICAL, BUT HE CHOSE HIS FIGHTS.  AND

                    HE WAS A RADICAL AT A TIME WHEN IT WAS NOT SEXY TO USE THE WORD

                    "RADICAL" OR "REVOLUTIONARY".  HE FOUGHT NOT ALONE, BUT HE FOUGHT FOR

                    EQUALITY IN THE JOB FORCE, EQUAL PAY, HUMAN RIGHTS AND, YES, EVEN

                    WOMEN'S RIGHTS.  BUT THAT FIGHT CONTINUES TODAY.  I WAS A CHILD THAT

                    ATTENDED THE MARCH ON WASHINGTON AND I ALSO REMEMBER THE HATRED

                    THAT I SAW EXHIBITED BY THE POLICEMEN IN WASHINGTON.  AS A CHILD OF

                    ABOUT SIX, I WOULD GO TO THE BEACH IN ATLANTIC CITY AND I NEVER

                    UNDERSTOOD UNTIL I WAS OLDER WHY ALL OF THE WHITE PEOPLE WOULD GET OUT

                    OF THE WATER WHEN I GOT IN.  AND I WAS A CHILD OF ABOUT SIX.  I ASKED MY

                    FATHER, WHO SERVED IN THIS VERY BODY, WHY IS IT THAT YOU HAVE NO ONE

                    THAT LOOKS LIKE ME IN YOUR OFFICE?  AND HE HAD TO EXPLAIN TO A CHILD OF

                    TEN IN THE '60S THAT ONLY WHITE PEOPLE WERE IN THE POOL TO CHOOSE FROM.

                    THAT WAS RIGHT HERE IN ALBANY.

                                 TODAY, WE'VE EVOLVED FROM THAT AND, YES, WE'VE WON A

                    LOT OF BATTLES, BUT THE BATTLE STILL CONTINUES.  THERE'S STILL PEOPLE BEING

                    MURDERED ON THE STREETS, BLACK PEOPLE, JUST FOR THEIR COLOR; BROWN

                    PEOPLE, JUST FOR THEIR COLOR AND WE STILL MUST BOND TOGETHER.  I WANT TO

                    ADD ONE LAST THING:  BLACK PEOPLE WERE THE HEART OF THE REPUBLICAN

                    PARTY FOR YEARS.  WE WERE IN THE REPUBLICAN PARTY.  WE DIDN'T JOIN THE

                    DEMOCRATIC PARTY UNTIL THE '40S WITH ROOSEVELT AND HIS "CHICKEN IN

                    EVERY POT".  THAT'S WHEN WE JOINED THE DEMOCRATIC PARTY.  UP UNTIL

                    THEN, BLACK PEOPLE WERE REPUBLICANS.  BUT THE REPUBLICAN PARTY LOST

                    THEIR WAY AND WE HAD TO CHANGE COURSE.

                                         67



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 DR. KING, I'M GRATEFUL FOR WHAT HE DID.  EVERYBODY

                    WAS NOT WITH HIM FROM HIS OWN RACE.  HE WAS STABBED IN HARLEM ON

                    125TH STREET, AND IT WAS HARLEM HOSPITAL THAT SAVED HIS LIFE.  SO,

                    EVERYBODY WAS NOT WITH HIM, BUT HE DID HAVE A LOT OF -- OF FRIENDS, AND

                    A LOT OF SUPPORTERS, BAYARD RUSTIN, A LOT OF PEOPLE.  AND THEY CAN'T ALL

                    BE MENTIONED, BUT THEY ALL ARE A PART OF THE DOCTRINES OF DR. KING.  WE

                    MUST CONTINUE THAT FIGHT.  HERE IN NEW YORK STATE, WE'VE MADE A LOT OF

                    CHANGES AND WE'RE STILL FIGHTING, BUT WE ARE ONE STATE AND ONE -- ONE

                    PART OF THE COUNTRY.  WE HAVE AN ENTIRE WORLD THAT PEOPLE OF COLOR, BE IT

                    BROWN OR BE IT BLACK, THAT MUST FIGHT.  AND I WANT TO REMIND THE

                    DREAMERS, I WANT TO REMIND YOU OF ONE OTHER THING, THAT THERE WAS A

                    DREAM BEFORE YOU BECAME KNOWN AS THE "DREAMERS".  THERE WAS "I

                    HAVE A DREAM."  THAT INCLUDED ALL OF US, INCLUDING YOU, AND YOU DIDN'T

                    EVEN KNOW IT.

                                 SO, I DON'T WANT YOU TO THINK THAT THIS IS JUST YOUR

                    FIGHT, THIS IS OUR FIGHT, AND WE'VE DONE IT TOGETHER.  GOD BLESS US AND

                    GOD BLESS THIS COUNTRY THAT WE WILL EVENTUALLY GAIN THE EQUALITY WE'RE

                    ENTITLED TO.  THANK YOU.

                                 (APPLAUSE)

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MR. BLAKE ON THE RESOLUTION.

                                 MR. BLAKE:  HOW DO WE RISE AGAIN AFTER WE LOSE A

                    LEADER?  AS A PERSON OF FAITH, OBVIOUSLY, IT IS SOMETHING THAT RESINATES

                    WITH ME AS IN MY CHRISTIAN FAITH, I BELIEVE WITHIN MY DNA THAT "ON

                    THE THIRD DAY, HE ROSE."  IN THE SAME ASPECT, MR. SPEAKER AND OTHERS,

                                         68



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WE HAVE TO REMEMBER THE HISTORY OF HOW THE EFFORT BEGAN TO ACHIEVE

                    THE CELEBRATION OF DR. KING ON THE DAY.  AFTER FOUR DAYS OF HIS

                    ASSASSINATION, IT WAS CONGRESSMAN JOHN CONYERS WHO BEGAN THE PUSH

                    TO TRY TO CELEBRATE ON HIS DAY.  IT WAS DEFEATED, BUT THEN AFTER CONTINUAL

                    ATTEMPTS, IN 1986 FINALLY IT WAS ACHIEVED.  BUT WE HAVE TO REMEMBER

                    WHEN WE REFLECT ON THE HISTORY, THAT IT WAS NOT UNTIL 2000 THAT EVERY

                    SINGLE STATE IN THE UNION FINALLY CELEBRATED DR. KING'S DAY.  IF WE

                    CELEBRATE DR. KING, WE HAVE TO CELEBRATE ALL THE COMPONENTS ASSOCIATED

                    WITH HIM, REALIZING THAT YOU HAVE TO APPRECIATE MAHALIA JACKSON

                    SAYING, TELL 'EM ABOUT THE DREAM, OR CORETTA SCOTT KING AND WALKING

                    SIDE-BY-SIDE WITH HIM, AS WELL, OR DR. DOROTHY IRENE HEIGHT, WHO IS

                    THE REASON WHY HE GAVE THE FULL SPEECH ON THAT DAY IS THE APPRECIATION

                    THAT WHEN WE SPEAK ABOUT DR. KING AND THE DREAM.  IT STARTED FROM A

                    SPEECH CALLED "THE AMERICAN DREAM" THAT HE GAVE IN BROOKLYN IN

                    1963 AT PLYMOUTH CHURCH.  IT WAS THE UNDERSTANDING THAT HE HAD PAIN

                    THAT HE HAD TO OVERCOME, BUT IT'S THE APPRECIATION TO MY COLLEAGUES AND

                    OTHERS THAT IT WAS NEVER EASY FOR HIM AND IT SHOULD NOT BE EASY FOR US

                    NOW.

                                 LET US NOT FORGET THAT WHEN KING WAS TAKEN FROM US,

                    HE WAS IN MEMPHIS STANDING UP FOR SANITATION WORKERS, TRYING TO

                    DEMAND THAT THEY HAD ECONOMIC OPPORTUNITY THAT WAS NOT PROVIDED TO

                    THEM.  REMIND OURSELVES THAT HE WAS NAMED MICHAEL KING AND THAT HIS

                    FATHER RENAMED HIM AT THE AGE OF SIX BECAUSE WHAT HE LEARNED IN HIS

                    TRAVELS OVERSEAS, IT WAS APPRECIATION THAT 45 YEARS TO THE DAY OF DR.

                    KING GIVING "I HAVE A DREAM" SPEECH, BARACK OBAMA BECAME THE

                                         69



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DEMOCRATIC NOMINEE, BUT IT'S ALSO THE APPRECIATION OF A DREAM THAT WE

                    CAN UNDERSTAND THAT IN PAIN, YOU CAN STILL RISE.  YOU CAN CELEBRATE AND

                    RECOGNIZE, AS WE SAID EARLIER, ABOUT THE HOLOCAUST REMEMBRANCE, THAT

                    OUR JEWISH SISTERS AND BROTHERS THAT WALK SIDE-BY-SIDE WITH US IN THE

                    TIME OF CIVIL RIGHTS, OR THE TIME NOW WHERE WE CAN HAVE YOUNG

                    DREAMERS THAT WILL SEE MOMENTARILY THAT WE WILL PASS THIS INTO LAW

                    ON BOTH SIDES.  OR A FEW YEARS AGO, WHEN WE CELEBRATED THE MY

                    BROTHER'S KEEPER PROGRAM, BUT BEFORE THAT, WE COULD HAVE A BLACK

                    SPEAKER AND NOW A BLACK SENATE LEADER.

                                 LET US NOT FORGET THAT DR. KING SAID IT CLEARLY, "IN THE

                    END, WE REMEMBER NOT THE WORDS OF OUR ENEMIES, BUT THE SILENCE OF OUR

                    FRIENDS."  SO, LET US NOT BE SILENT AND NEVER FORGET WHY WE CELEBRATE

                    AND FIGHT FOR KING.  IN 39 YEARS, HE ACHIEVED MORE THAN SOME CAN DO IN

                    39 SECONDS.  IT'S AN UNDERSTANDING THAT IT'S NOT ENOUGH JUST TO HAVE A

                    DREAM, BUT PUT THE WORK TO ACHIEVE ITS REALITY.  SO, WE RECOGNIZE HIM,

                    WE CELEBRATE HIM AND LIKE MY COLLEAGUE, ASSEMBLYMEMBER MOSLEY,

                    MENTIONED ALSO, AS A MEMBER AND A BROTHER OF ALPHA PHI - OUR

                    FRATERNITY - INCORPORATED, FOREVER GRATEFUL FOR THE LEGACY THAT HE'S LEFT

                    FOR ALL OF US, BUT AGAIN, LET US NEVER FORGET IT IS NOT JUST ENOUGH TO HAVE

                    A DREAM, YOU HAVE TO REALIZE THOSE DREAMS EVERY SINGLE DAY.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MS. JAFFEE ON THE RESOLUTION.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  IT IS AN

                    HONOR TO BE JOINING EVERYONE TODAY AS WE OBSERVE THE 34TH ANNUAL

                    MARTIN LUTHER KING DAY AND WE CELEBRATE HIS LIFE AND LEGACY OF DR.

                                         70



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MARTIN LUTHER KING, JR.  I LOVE TO WATCH IT ON TV AND WATCH THE HISTORY

                    AND WATCH HIM SPEAK EVERY YEAR.  IT'S SO EXTRAORDINARY.  IT -- IT REALLY

                    JUST TAKES ME IN SO MANY WAYS.

                                 DR. KING'S CAUSE WAS FIRMLY ROOTED IN HIS TRUE CALLING,

                    THAT OF UNYIELDING FAITH, NOT ONLY IN MATTER OF SPIRITUAL, BUT INHERIT

                    DECENCY AND RIGHTEOUSNESS OF HIS FELLOW MAN.  A HUMANITARIAN, DR.

                    KING DEDICATED HIS LIFE TO BATTLING SOCIAL INJUSTICE AND WAS ONE OF THE

                    MOST INFLUENTIAL FORCES BEHIND THE CIVIL RIGHTS MOVEMENT OF THE '50S

                    AND '60S. DR. KING SAID, AND I QUOTE, "WE ARE NOW FACED WITH THE FACT

                    THAT TOMORROW IS TODAY.  WE ARE CONFRONTED WITH THE FIERCE URGENCY OF

                    NOW.  IN THIS UNFOLDING CONUNDRUM OF LIFE AND HISTORY, THERE IS SUCH A

                    THING AS BEING TOO LATE."

                                 BY THE TIME OF HIS TRAGIC ASSASSINATION IN 1968 AT THE

                    AGE OF 49, DR. KING HAD BEEN ALREADY AWARDED THE NOBLE PEACE PRICE

                    AND HAD LED MILLIONS OF PEOPLE IN NON-VIOLENT MOVEMENT THAT SHATTERED

                    THE SOUTHERN SYSTEM OF SEGREGATION AND RACISM AND IMPACTED ALL OF US.

                    IT WAS EXTRAORDINARY.  HIS ELOQUENT, PASSIONATE ADVOCACY OF CIVIL AND

                    HUMAN RIGHTS ROOTED IN THE TECHNIQUES OF PEACEFUL DEMONSTRATION,

                    PEACEFUL DEMONSTRATION, BROUGHT A NEW DIMENSION OF DIGNITY TO

                    PEOPLE'S LIVES AND A NEW HOPE FOR FREEDOM.  AS ALAN WOLFE SAID IN THE

                    NEW YORK TIMES, AND I QUOTE, "AMERICA WAS LIFTED UP BECAUSE KING

                    WOULD NOT LAY HIS BURDEN DOWN."  AMERICA WAS LIFTED UP BECAUSE KING

                    WOULD NOT LAY HIS BURDEN DOWN.

                                 DR. KING'S WORDS COMMUNICATED HIS VISION, HIS

                    PASSION, HIS FAITH, AND THEY DEMONSTRATED HIS GIFT TO INSPIRE OTHERS TO

                                         71



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    FOLLOW HIS LEAD.  HE INSPIRED ME, AND CONTINUES TO INSPIRE ME.  HE

                    ASKED TO BE REMEMBERED AS A DRUM MAJOR OF JUSTICE, AND HE IS.  THE

                    MESSAGE HIS WORDS CONVEY ARE AS INSPIRING AND FUNDAMENTAL TODAY AS IT

                    EVER WAS DURING HIS LIFETIME.  AS A NATION AND A STATE, WE MUST BRING

                    RENEWED COMMITMENT TO CONFRONTING AND ADDRESSING AND RECTIFYING

                    INEQUALITIES AND CONTINUED RACISM IN THIS COUNTRY.

                                 FOR DR. MARTIN LUTHER KING, FIGHTING FOR EQUALITY

                    WENT HAND-IN-HAND WITH HELPING OTHERS IN NEED.  HE ONCE SAID, LIFE'S

                    MOST PERSISTENT AND URGENT QUESTION IS WHAT ARE YOU DOING FOR OTHERS?

                    AND WE ARE NOW FACED WITH THE FACT THAT TOMORROW IS TODAY.  WE ARE

                    CONFRONTED WITH THE FEAR AND URGENCY OF NOW.  NOW, MORE THAN EVER,

                    WE MUST NOT IGNORE THOSE WHO HAVE BEEN OUT LEFT OUT AND LEFT BEHIND IN

                    OUR ECONOMY, ESPECIALLY CHALLENGING ECONOMIC IN THESE POLITICAL

                    TIMES.  WE MUST TAKE ON THIS CHALLENGE TO CLOSE THE GAPS THAT STILL EXIST

                    IN OUR SCHOOLS AND OUR EMPLOYMENT SYSTEMS, AND OUR FINANCIAL

                    INSTITUTIONS AND OUR CRIMINAL JUSTICE SYSTEM.  WE MUST AGGRESSIVELY

                    SUPPORT QUALITY EDUCATION FOR EVERY CHILD, EVERY CHILD, STRENGTHEN OUR

                    CIVIL LIBERTIES AND ASSURE SOCIAL JUSTICE.

                                 IF YOU'RE REMEMBERING AND HONORING MARTIN LUTHER

                    KING, WE HAVE TO CONTINUE THESE EFFORTS.  THE LEGACY OF DR. MARTIN

                    LUTHER KING LIVES WITH EACH OF US AND WE ARE RESPONSIBLE TO PROMOTE,

                    TEACH AND LIVE THE AMERICAN DREAM.  AND AS DR. KING SAID, AND I

                    QUOTE, "HUMAN PROGRESS IS NEITHER AUTOMATIC NOR INEVITABLE.  THIS IS

                    NO TIME FOR APATHY AND COMPLACENCY.  THIS IS TIME FOR VIGOROUS AND

                    POSITIVE ACTION."  THANK YOU.

                                         72



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MS. ROMEO ON THE RESOLUTION.

                                 MS. ROMEO:  THANK YOU, MR. SPEAKER, AND I RISE IN

                    STRONG SUPPORT OF THIS RESOLUTION TO HONOR THE LEGACY AND CONTINUED

                    WORK OF DR. MARTIN LUTHER KING.  EARLIER THIS WEEK IN ROCHESTER, NEW

                    YORK, HOME TO REVOLUTIONARIES LIKE FREDERICK DOUGLASS AND SUSAN B.

                    ANTHONY, WE WERE HAVING A COMMUNITY CONVERSATION ABOUT REMINDING

                    OURSELVES TO "WALK IN THE LIGHT" AS DR. KING DID AND, MORE IMPORTANTLY,

                    ABOUT HOW IT IS ALWAYS A CHOICE, THAT WE MUST CHOOSE TO WALK IN THE

                    LIGHT.  AND THAT IS A CHOICE THAT CAN'T BE DONE ONCE A YEAR OR ONCE A

                    WEEK OR EVEN DAILY, BUT CONSTANTLY WITHIN THE WAY WE LIVE OUR LIVES,

                    THE WAY WE EDUCATE OUR KIDS, THE WAY WE CONDUCT OURSELVES WITH ONE

                    ANOTHER.

                                 AND I WANT TO ECHO THE COMMENTS AMONGST ALL MY

                    COLLEAGUES HERE TODAY, AND THANK YOU FOR THEM, BUT ALSO JUST A

                    REMINDER TO ALL OF US HERE THAT WE MUST ALWAYS CHOOSE TO WALK IN THE

                    LIGHT AND MAKE THOSE CHOICES, BUT ALSO REMEMBER THAT SILENCE IS A

                    CHOICE AND WE MUST ALSO ALWAYS CHOOSE TO SPEAK OUT.  AND I THANK

                    YOU, MR. SPEAKER.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 MRS. PEOPLES-STOKES ON THE RESOLUTION.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I RISE TO CERTAINLY THANK YOU FOR INTRODUCING THIS RESOLUTION

                    AND THANK DR. KING FOR HIS LIFE AND FOR HIS STRUGGLES.  THESE ARE

                    STRUGGLES THAT HE REALLY DIDN'T HAVE TO TAKE.  I MEAN, THERE ARE A LOT OF

                                         73



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    PEOPLE WHO ARE HIS SAME AGE AND SOME OF THEM WHO ARE STILL LIVING

                    THAT HAVE NEVER, QUITE FRANKLY, LIFTED A FINGER TO HELP ANYBODY.

                                 BUT ONE OF THE THINGS THAT DR. KING WAS REALLY CLEAR

                    ON IS THAT LIFE WAS ABOUT SERVICE.  IT WAS ABOUT HELPING OTHER PEOPLE,

                    ABOUT DOING SOMETHING THAT WOULD BENEFIT OTHER PEOPLE.  AND SO, HE

                    LEFT HIS HOME, HE LEFT HIS CHILDREN, HE LEFT HIS WIFE ON MANY OCCASIONS

                    TO TRAVEL THIS COUNTRY TRYING TO HELP PEOPLE'S LIVES BE BETTER.  AND IN

                    MANY CASES, MR. SPEAKER, HE WAS MET BY PEOPLE WHO DIDN'T EVEN WANT

                    THEM IN THEIR COMMUNITY, WHO THOUGHT, WHY IS HE HERE?  HE'S GOING TO

                    CAUSE TROUBLE, WE DON'T REALLY NEED THIS.  BUT HAD HE NOT BEEN WILLING

                    TO TAKE THAT RIDICULE, LEAVE HIS FAMILY AND PUT FORTH THE STRUGGLE IN A

                    NON-VIOLENT WAY, EVEN THOUGH HE ENDED UP IN JAIL, IN A NON-VIOLENT

                    WAY, HAD HE NOT BEEN WILLING TO DO THAT THEN PERHAPS, JUST PERHAPS, MR.

                    SPEAKER, I WOULD NEVER HAD THE OPPORTUNITY TO RUN FOR OFFICE.  AND

                    PERHAPS I WOULD NEVER HAD THE OPPORTUNITY TO WIN AND, PERHAPS, I

                    WOULD NEVER HAD THE OPPORTUNITY TO BECOME THE MAJORITY LEADER OF THE

                    NEW YORK STATE ASSEMBLY.

                                 SO, DR. KING, THANK YOU FOR YOUR STRUGGLE.  THANK YOU

                    FOR WHAT YOU PUT IN FOR ME BECAUSE WHAT YOU HAVE DONE FOR ME IN MY

                    CAREER WILL SPAN GENERATIONS OF LITTLE GIRLS ALL OVER THIS STATE, ALL OVER

                    THIS NATION, AND LITTLE BOYS WHO LOOK JUST LIKE ME AND BECAUSE OF YOUR

                    STRUGGLE, DR. KING, THEY WILL KNOW THAT THEY CAN ALSO BE JUST LIKE ME.

                    THANK YOU, DR. KING, AND THANK YOU, MR. SPEAKER.

                                 SPEAKER HEASTIE:  THANK YOU.

                                 I, TOO, JUST WANT TO GIVE A COUPLE OF THOUGHTS ON THE

                                         74



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    RESOLUTION.

                                 EVERY TIME WE DO THIS RESOLUTION IT GIVES A LITTLE

                    SPECIAL MEANING 'CAUSE A LITTLE MORE THAN FOUR YEARS AGO, THE SAME DAY

                    THAT ALL OF YOU GAVE ME THE PRIVILEGE OF BEING SPEAKER, WE ACTUALLY DID

                    THE RESOLUTION HONORING DR. KING'S LIFE.  SO, EVERY TIME WE DO THIS, IT

                    HAS A VERY SPECIAL MEANING TO ME.  AND LISTENING TO ALL OF MY

                    COLLEAGUES' THOUGHTS AND DIFFERENT PERSPECTIVES ON WHAT DR. KING HAS

                    MEANT TO -- TO EACH ONE OF YOU, TO ME I THINK HE WOULD SAY, LOOKING

                    DOWN, SEEING THAT I HAVE NOW HAD THE OPPORTUNITY TO BEING SPEAKER

                    AND WITH ANDREA STEWART-COUSINS BEING THE MAJORITY LEADER, I THINK

                    HE'D BE OKAY THAT WE HAVE THOSE OPPORTUNITIES, BUT I THINK EVEN FURTHER

                    DR. KING WOULD SAY, WELL, WHAT ARE YOU GOING TO DO WITH THOSE

                    OPPORTUNITIES THAT WERE GIVEN TO YOU, IN TERMS OF SOCIAL JUSTICE AND

                    ECONOMIC JUSTICE AND EVEN CRIMINAL JUSTICE FOR ALL PEOPLE.

                                 AND SO, THAT'S WHAT I KIND OF TAKE FROM IT AS I'VE

                    ALWAYS SAY AND I ALWAYS LIKE TO SAY, PARTICULARLY WHEN I SPEAK AT

                    GRADUATIONS AND -- AND ALSO AT INAUGURATIONS FOR NEW MEMBERS THAT WE

                    SHOULD ALWAYS BE JUDGED ON WHAT WE DO, NOT FOR THE PEOPLE THAT WE

                    KNOW AND WHO ARE FAMILIAR TO US, BUT WHEN WE REALLY DO THINGS FOR

                    PEOPLE WHO WE DON'T KNOW, WILL NEVER COME IN CONTACT WITH AND,

                    HOPEFULLY, DO THINGS FOR FUTURE GENERATIONS.  AND I THINK THAT THAT'S

                    WHAT WE SHOULD TAKE, AND THAT'S MY PERSONAL TRIBUTE TO DR. KING THAT HE

                    WAS A TROUBLEMAKER, BUT I DON'T THINK CHANGE CAN COME WITHOUT YOU

                    MAKING A LITTLE TROUBLE.  SO, DR. KING, HAPPY BIRTHDAY.

                                 SO ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY

                                         75



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    SAYING AYE; OPPOSED, NO.

                                 THE RESOLUTION IS ADOPTED.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IN JUST A

                    FEW MOMENTS WE WILL BE TAKING UP CALENDAR NO. 9, BILL NO. 782 BY

                    MEMBER DE LA ROSA.  IF YOU COULD JUST GIVE ME A FEW MOMENTS, WE'LL

                    BE RIGHT BACK.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ALL THE TIME YOU

                    NEED, MADAM MAJORITY LEADER.

                                 (PAUSE)

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF YOU

                    COULD CALL UP OUR LEGISLATION SPONSORED BY MS. DE LA ROSA.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00782, CALENDAR NO.

                    9, DE LA ROSA, HEASTIE, GLICK, CRESPO, PEOPLES-STOKES, RODRIGUEZ,

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

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

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

                    ZEBROWSKI, COLTON, DAVILA, FAHY, ARROYO, OTIS, BARRON, BICHOTTE,

                    BLAKE, DILAN, JEAN-PIERRE, JOYNER, PICHARDO, SEAWRIGHT, SIMON, TITUS,

                    WALKER, WEINSTEIN, HYNDMAN, NIOU, CARROLL, DICKENS, D'URSO,

                    BARNWELL, VANEL, TAYLOR, RICHARDSON, D. ROSENTHAL, SIMOTAS,

                    FERNANDEZ, EPSTEIN, BRONSON, CRUZ, FALL, FRONTUS, GRIFFIN, JACOBSON,

                    LIFTON, MCMAHON, REYES, ROMEO, SOLAGES, LUPARDO.  AN ACT TO AMEND

                                         76



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THE EDUCATION LAW, IN RELATION TO CREATING THE NEW YORK DREAM

                    FUND COMMISSION; ELIGIBILITY REQUIREMENTS AND CONDITIONS GOVERNING

                    GENERAL AWARDS, ACADEMIC PERFORMANCE AWARDS AND STUDENT LOANS;

                    ELIGIBILITY REQUIREMENTS FOR ASSISTANCE UNDER THE HIGHER EDUCATION

                    OPPORTUNITY PROGRAMS AND THE COLLEGIATE SCIENCE AND TECHNOLOGY

                    ENTRY PROGRAM; FINANCIAL AID OPPORTUNITIES FOR STUDENTS OF THE STATE

                    UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK AND

                    COMMUNITY COLLEGES; AND THE PROGRAM REQUIREMENTS FOR THE NEW YORK

                    STATE COLLEGE CHOICE TUITION SAVINGS PROGRAM; AND TO REPEAL

                    SUBDIVISION 3 OF SECTION 661 OF SUCH LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    DE LA ROSA, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  AN EXPLANATION IS REQUESTED, MS. DE LA ROSA.

                                 PLEASE SETTLE DOWN.

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

                                 ACTING SPEAKER AUBRY:  WE'RE ON --

                                 GO AHEAD, PROCEED.

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

                    BILL KNOWN AS THE JOSÉ PERALTA NEW YORK STATE DREAM ACT, WOULD

                    CREATE A DREAM FUND COMMISSION AND ESTABLISHMENT A NEW YORK

                    DREAM FUND.  IT WOULD MAKE UNDOCUMENTED STUDENTS ELIGIBLE TO

                    OBTAIN STATE FINANCIAL AID BY MAKING THEM ELIGIBLE FOR PROGRAMS LIKE

                    THE TUITION ASSISTANCE PROGRAM, TAP, EXCELSIOR -- THE EXCELSIOR

                    SCHOLARSHIP, SCHOLARSHIPS AND OPPORTUNITY PROGRAMS IN NEW YORK

                    STATE.  IT WOULD ALSO ALLOW FOR UNDOCUMENTED INDIVIDUALS WHO HAVE A

                                         77



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    TAXPAYER ID NUMBER TO ESTABLISH A NEW YORK 529 FAMILY TUITION

                    SAVINGS ACCOUNT.

                                 ACTING SPEAKER AUBRY:  MR. SMITH.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    DE LA ROSA?

                                 MS. DE LA ROSA:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SMITH:  THANK YOU, MS.  DE LA ROSA.  OKAY.

                    TO GO THROUGH THE BILL, THE FIRST PART OF IT, WE HAVE THE DREAM FUND.

                    CAN YOU SPEAK ABOUT -- IS THERE ANY OVERHEAD THAT'S SPOKEN TO IN THE

                    BILL, SO AS FAR AS OVERHEAD GOES WHEN MONEY'S COLLECTED FOR STUDENT

                    SCHOLARSHIPS, DO WE KNOW WHAT PERCENTAGE WILL GO TO THE STUDENT

                    SCHOLARSHIPS?  IS THAT ADDRESSED, OR...

                                 MS. DE LA ROSA:  SO, AS FAR AS THE FUND IS

                    CONCERNED, THE FUND IS A SEPARATE ENTITY THAT BASICALLY WILL BE CHARGED

                    WITH FUNDRAISING, PUBLIC FUNDS -- PRIVATE FUNDS IN ORDER TO ALLOW FOR

                    SCHOLARSHIP MONIES TO BE AVAILABLE FOR THESE STUDENTS.  THERE ISN'T RIGHT

                    NOW A PROJECTION FOR OVERHEAD COSTS.  THE COMMISSION, WHICH

                    ESTABLISHES THE FUND, IS CHARGED WITH COMING UP WITH THOSE

                    PROCEDURES.

                                 MR. SMITH:  OKAY.  OKAY.  THANK YOU.  AND IN

                    2012, I THINK THAT WAS A STANDALONE BILL AND ENJOYED WIDESPREAD

                    SUPPORT AS SOMETHING WITH PRIVATE FUNDING TO ENSURE THAT -- THAT

                                         78



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    STUDENTS GET THAT INFORMATION.  SO -- NOW, THE SECOND PART OF THE BILL IS

                    THE DREAM ACT PART --

                                 MS. DE LA ROSA:  YES.

                                 MR. SMITH:  SO, SECTION 3 OF THE BILL REPEALS THE

                    CURRENT ELIGIBILITY RIGHT NOW, WHICH SAYS THAT A PERSON'S EITHER GOING TO

                    BE A CITIZEN OR A GREEN CARD HOLDER, A PERMANENT RESIDENT, OR A REFUGEE

                    AND EXPANDS IT TO INCLUDE THAT AWARDS FOR UNDERGRADUATE TUITION AND

                    GRADUATE TUITION BE EXTENDED, IN ADDITION TO THOSE GROUPS, TO LAWFUL,

                    NON -- THIS IS THE BILL TEXT, "LAWFUL NON-IMMIGRANT ALIENS", WHICH IS

                    ANYBODY ON A VISA, AND THEN, "AN APPLICANT WITHOUT LAWFUL

                    IMMIGRATION STATUS"; THAT'S CORRECT, RIGHT?

                                 MS. DE LA ROSA:  YES, CORRECT.

                                 MR. SMITH:  OKAY.  THEN WHEN WE GO FURTHER IN THE

                    BILL, WE'RE TALKING ABOUT ACADEMIC ELIGIBILITY.  SO UNDER THE BILL, AM I

                    RIGHT THAT A PERSON WHO'S ELIGIBLE FOR FUNDING EITHER ATTENDED A

                    REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO YEARS AND GRADUATED

                    FROM THAT HIGH SCHOOL, AND THEN THEY HAVE TO APPLY FOR THE

                    UNDERGRADUATE AWARD WITHIN FIVE YEARS OR GRADUATE AWARD WITHIN TEN

                    YEARS; THAT'S THE FIRST PART, RIGHT?

                                 MS. DE LA ROSA:  YES, CORRECT.  FIVE YEARS AFTER

                    GRADUATING FROM HIGH SCHOOL IN NEW YORK STATE OR RECEIVING THEIR

                    GED, THEY WOULD BE ABLE TO APPLY.

                                 MR. SMITH:  RIGHT.  SO AND -- RIGHT.

                                 AND THE SECOND PART, AS YOU JUST MENTIONED, SO

                    SOMEBODY WHO HAS RECEIVED A NEW YORK STATE GED, SO WHICH WOULD

                                         79



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BE TO -- TO GET A NEW YORK STATE GED IN THE STATE, YOU NEED TO BE A

                    RESIDENT FOR AT LEAST 30 DAYS AND THEN COMPLETE A GED TEST.  OR,

                    SOMEONE WHO HAS LIVED IN THE STATE FOR 30 DAYS, OR HAS 24 COLLEGE

                    CREDITS, THERE'S A SPECIFICATION OF WHAT KIND OF CREDITS THEY NEED.  SO,

                    OKAY, SO WE HAVE THAT THING FOR THE ACADEMIC ELIGIBILITY.  THE NEXT

                    SECTION IN THE BILL, SECTION 6, STATES THAT THE RESIDENCE OF A STUDENT -- SO

                    IT GOES IN AND TALKS ABOUT -- THIS IS FOR SOMEBODY WHO IS A RESIDENT OF

                    NEW YORK STATE, IT WOULD GO BASED ON WHERE THEY LIVE FOR THE MAJORITY

                    OF THE YEAR, OR, IT TALKS ABOUT SOMEBODY WHO DOES NOT HAVE STATE

                    RESIDENCE, IT SAYS, "AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES

                    NOT HAVE A RESIDENCE IN THE STATE, BUT IS ELIGIBLE FOR AN AWARD FOR EITHER

                    THE UNDERGRADUATE OR THE GRADUATE FUNDING, SHALL BE DEEMED TO RESIDE

                    IN THE GEOGRAPHIC AREA OF THE INSTITUTION WHERE THEY ARE ATTENDING FOR

                    GEOGRAPHIC PURPOSES"; THAT'S CORRECT?

                                 MS. DE LA ROSA:  CAN YOU REPEAT THE LAST PART?

                                 MR. SMITH:  SORRY ABOUT THAT.  SO, ON THIS PART IF

                    YOU DON'T HAVE A RESIDENCE IN NEW YORK STATE, IT'S GOING TO BE BASED

                    ON WHERE YOU'RE LIVING WHEN YOU'RE ATTENDING COLLEGE, FOR THE PURPOSE

                    OF THE AWARD.

                                 MS. DE LA ROSA:  SO, YES, CORRECT.  IN ORDER TO

                    DETERMINE THE ELIGIBILITY REQUIREMENT FOR COLLEGE -- FOR A COMMUNITY

                    COLLEGE PAYMENTS.

                                 MR. SMITH:  OKAY.  AND THEN THAT'S ALSO SUNY AND

                    CUNY, RIGHT?  JUST --

                                 MS. DE LA ROSA:  YES.  YES.

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. SMITH:  OKAY.  ALL RIGHT, THANKS.  SO, NOW,

                    OVER THE LAST SEVERAL YEARS WE'VE ALWAYS TALKED ABOUT HOW MUCH

                    ADDITIONAL FUNDING WILL BE NEEDED.  I REMEMBER LAST YEAR AND I THINK

                    THE YEAR BEFORE, IT WAS AN ADDITIONAL $27 MILLION FOR THE TAP FUNDS; IS

                    THAT STILL THE ESTIMATE?

                                 MS. DE LA ROSA:  YES.  $27 MILLION.

                                 MR. SMITH:  DO WE HAVE AN ESTIMATE FOR HOW MUCH

                    ADDITIONAL IN THE EXCELSIOR, I SAW, I THINK $80- --

                                 MS. DE LA ROSA:  GIVE ME ONE SECOND...

                                 MR. SMITH:  $87 MILLION?  THAT'S WHAT I SEE, BUT I

                    DON'T KNOW.

                                 MS. DE LA ROSA:  WELL, WE EXPECT FOR THE INCREASE

                    TO BE MINIMAL.  MOST OF THESE STUDENTS WILL QUALIFY FOR TAP, WHICH

                    WILL COVER, YOU KNOW, MOST OF THE COSTS FOR THEIR EDUCATION.  AS WE

                    KNOW, THE EXCELSIOR SCHOLARSHIP IS A LAST DOLLAR SCHOLARSHIP, SO THEY

                    WILL EXHAUST THEIR TAP --

                                 MR. SMITH:  FIRST.

                                 MS. DE LA ROSA:  -- ASSISTANCE, BEFORE THEY COULD

                    REACH INTO THEIR EXCELSIOR -- THE EXCELSIOR PART.

                                 MR. SMITH:  OKAY.  NOW, AT A HEARING THAT I

                    ATTENDED IN DECEMBER, I BELIEVE SUNY AND CUNY ESTIMATED THAT AT

                    THE MOMENT WE HAVE ABOUT EIGHT -- AND I HAD COULD BE WRONG ON THIS

                    NUMBER IF YOU HAVE A DIFFERENT NUMBER, 8,300 STUDENTS THAT ARE

                    CURRENTLY ATTENDING SUNY, CUNY, WHO WE ESTIMATE DO NOT HAVE,

                    CURRENTLY, LEGAL STATUS.  IS THAT RIGHT OR DO YOU HAVE --

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. DE LA ROSA:  WELL, YOU KNOW, IN NEW YORK

                    STATE WE'VE ACTUALLY SEEN A DECLINE IN THE NUMBER OF UNDOCUMENTED

                    STUDENTS THAT ARE HERE AND THAT ARE ATTENDING OUR HIGHER EDUCATION

                    INSTITUTIONS.  SO THAT NUMBER VARIES BETWEEN 6,000 AND 8,000.

                                 MR. SMITH:  OKAY.  SO, THAT'S -- THAT'S ABOUT THAT.

                    NOW, A COUPLE OF THINGS THAT CONCERNED ME ON THIS BILL, FOR SCENARIOS

                    OF PEOPLE THAT WE COULD HAVE, SO, THE FIRST ONE IF WE HAVE -- IS IT CORRECT

                    THAT UNDER THIS BILL, WE HAVE A FAMILY WHO, THEIR DAUGHTER GRADUATED

                    FROM A NEW YORK STATE HIGH SCHOOL AND THEY MOVED TO, LET'S SAY, THE

                    STATE OF FLORIDA, AND THEY LIVED THERE FOR FOUR-AND-A-HALF YEARS.  NOW,

                    BECAUSE THE FAMILY CURRENTLY IS NOT CURRENTLY PAYING STATE INCOME TAX,

                    THAT THAT CHILD WOULD BE ELIGIBLE TO APPLY FOR THESE PROGRAMS WHEN THEY

                    MOVE TO -- YOU KNOW, WHEN THEY LIVE ON CAMPUS AT A COLLEGE AS LONG

                    AS, YOU KNOW --

                                 MS. DE LA ROSA:  SO, THAT IS CORRECT, BUT I DO WANT

                    TO STATE THAT MOST OF THESE STUDENTS THAT WE'RE TALKING ABOUT TODAY AND

                    THAT WE'RE ADDRESSING IN THIS BILL, HAVE MADE NEW YORK THEIR HOME.

                    THEY ARE NEW YORKERS.  THEY'VE LIVED HERE.  YOU MUST UNDERSTAND THAT

                    FOR AN UNDOCUMENTED PERSON, THEY SOMETIMES WOULD POTENTIALLY HAVE

                    TO MOVE OUT-OF-STATE FOR WHICHEVER AMOUNT OF REASONS.  AND THEY

                    COULD COME BACK AND UNDER THE REQUIREMENTS OF THE BILL, COULD APPLY IF

                    THEY -- IF THEY FIT ALL THE OTHER REQUIREMENTS OF GOING TO HIGH SCHOOL

                    HERE AND GETTING -- OR GETTING THEIR GED, FOR THIS BENEFIT.

                                 MR. SMITH:  OKAY.  AND NOW WE TALK ABOUT THE

                    GED PROVISIONS.  SO, UNDER THIS BILL, FOR THE GED, THERE'S NO AGE

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    REQUIREMENT ON THE GED.  SO, UNDER THIS BILL, WE COULD HAVE

                    SOMEBODY WHO, LET'S SAY, IS A 30-YEAR-OLD WHO LIVES IN THE STATE OF

                    NEW JERSEY, IF THEY CAN MOVE TO NEW YORK -- LET'S JUST SAY THEY WANT

                    TO GO TO BINGHAMTON, TAKE -- LIVE HERE FOR 30 DAYS, TAKE AND PASS THE

                    GED EXAM, WE'RE CONSIDERING THEM NOW A NEW YORK STATE RESIDENT.

                    SO, DESPITE THAT TO DATE THEY HAVEN'T PAID A DIME IN STATE INCOME TAX,

                    THEY ALSO WOULD BE ELIGIBLE?

                                 MS. DE LA ROSA:  SO, ONCE YOU'RE A NEW YORKER,

                    YOU'RE A NEW YORKER.  AND IF IN 30 DAYS THEY CAN MANGE TO PASS THE

                    GED EXAM, THEN THEY WOULD BE ELIGIBLE FOR THIS BENEFIT.  BUT YOU MUST

                    UNDERSTAND THAT THE GED EXAM IS NOT A FLY-BY-NIGHT EXAM.

                                 MR. SMITH:  RIGHT.

                                 MS. DE LA ROSA:  SOMEONE CAN'T JUST PICK UP A

                    BOOK AND PASS THE TEST.  THEY WOULD HAVE TO HAVE HAD SOME SORT OF

                    TRAINING, WHETHER IN HIGH SCHOOL OR IN AN ACCREDITED GED PROGRAM

                    HERE IN ORDER TO PASS THAT TEST.  AND THAT IS DIFFICULT WHEN YOU COMBINE

                    THAT WITH LANGUAGE ACCESS ISSUES AND OTHER ISSUES THAT WE'VE SEEN IN

                    OUR COMMUNITIES AS FAR AS PASSING THE GED EXAM.

                                 MR. SMITH:  OKAY.  SO, WE'LL TAKE THAT NOW A STEP

                    FURTHER.  IF WE HAVE UNDER THIS BILL, IF WE HAVE, SAY, A STUDENT FROM

                    CANADA THAT IS COMING TO STUDY AT ALBANY UNIVERSITY [SIC] ON AN F1

                    VISA, UNDER THIS EXAM -- NOW THEY COULD BE -- BECAUSE THE OTHER PART OF

                    THE GED IS IF YOU HAVE 24 CREDITS, THE STATE SPECIFIES WHAT THEY HAVE

                    TO BE IN, BUT YOU COULD HAVE A SOPHOMORE AT -- AT ALBANY UNIVERSITY

                    [SIC] THAT'S COMING HERE FROM CANADA AND UNDER THIS BILL, THEIR

                                         83



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    RESIDENCE IS BASED ON -- SINCE THEY'RE NOT A NEW YORK RESIDENT, THEIR

                    RESIDENCE IS BASED ON LIVING ON CAMPUS.  THEY, TOO, NOW COULD TAKE

                    AND PASS -- I ASSUME THAT THEY WOULD PASS THE GED EXAM SINCE THEY'RE

                    A SOPHOMORE OR A FRESHMAN IN COLLEGE --

                                 MS. DE LA ROSA:  WELL, THEY WOULD HAVE HAD TO

                    NOT GONE TO AN ACCREDITED HIGH SCHOOL OR GED PROGRAM IN CANADA.

                    AND IF THEY'RE HERE AND THEY -- AND THEY ARE UNDER THE OTHER

                    REQUIREMENTS OF THIS BILL ELIGIBLE FOR THE BENEFIT, THEN THEY WOULD BE

                    ABLE TO ACCESS FINANCIAL AID.

                                 MR. SMITH:  I THINK WE REALLY HAVE TO -- WE REALLY

                    HAVE TO CHECK THAT.  BECAUSE WHEN I LOOKED INTO THE GED

                    REQUIREMENTS, WHAT IT SAID IS IT SPECIFIED THAT TO TAKE THE GED EXAM, IF

                    YOU'RE A U.S. CITIZEN AND YOU RECEIVED A HIGH SCHOOL DIPLOMA OUTSIDE

                    THE STATE OF NEW YORK STATE THAT YOU COULD NOT TAKE THAT EXAM;

                    HOWEVER, IT DID NOT SPECIFY, IT ACTUALLY SAYS FOR THE GED APPLICATION

                    THAT THEY WILL NOT CONSIDER DOCUMENTS FROM OTHER COUNTRIES OR IN OTHER

                    LANGUAGES.  SO, POTENTIALLY, YOU ACTUALLY COULD HAVE SOMEBODY WHO FOR

                    THIS PURPOSE COMES FROM LIKE SAY THIS EXAMPLE, THEY'RE A STUDENT VISA

                    AND APPLY FOR TAP BASED ON THIS BILL FOR THE FACT THAT THEY'RE RESIDING IN

                    ALBANY, THEY NOW ARE GRANTED A GED UNDER THAT PROGRAM.  I -- I -- YOU

                    KNOW, IS THERE ANYTHING THAT CHANGES THE REQUIREMENTS FOR THE GED?

                    BECAUSE RIGHT NOW THEY WOULD BE ABLE TO TAKE THAT TEST.

                                 MS. DE LA ROSA:  WELL, TO CLARIFY, HESC, THE

                    HIGHER EDUCATION SERVICES, WOULD BE IN CHARGE OF THOSE REGULATIONS.

                    SO HESC WOULD BE THE AGENCY TASKED WITH VERIFYING ALL OF THAT

                                         84



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    INFORMATION AND DOCUMENTATION IN ORDER TO GRANT ACCESS TO THE BENEFIT.

                                 MR. SMITH:  OKAY.  AND NOW, ANOTHER POTENTIAL

                    THING, DOWN ON LONG ISLAND NEAR MY DISTRICT, WE HAVE A FANTASTIC

                    UNIVERSITY, STONY BROOK UNIVERSITY, WE HAVE A GREAT EXCHANGE

                    PROGRAM.  SO WE HAVE A NUMBER OF STUDENTS THAT, YOU KNOW, THEY MAY

                    COME FROM CHINA, AND IF THEY'RE ON AN EXCHANGE VISA, A LOT OF TIMES

                    THEIR HOME COUNTRY IS ACTUALLY PAYING FOR THEM TO ATTEND COLLEGE HERE.

                    NOW, UNDER THIS BILL, ISN'T IT POSSIBLE THAT AS LONG AS THEY'RE NOT

                    COMMUTING EVERY DAY FROM CHINA, IF THEY'RE LIVING ON CAMPUS, I DON'T

                    -- I APOLOGIZE FOR MAKING A JOKE ABOUT THAT, BUT IF THEY'RE LIVING ON

                    CAMPUS, THEY'D BE GRANTED IN-STATE TUITION, AND THEN IF THEY MEET THEIR

                    QUALIFICATIONS FOR THE GED, THEN THEY, TOO, COULD BE ELIGIBLE FOR TAP?

                                 MS. DE LA ROSA:  OKAY.  I JUST WANT TO SAY THAT

                    WHEN WE STARTED THE QUESTIONS --

                                 MR. SMITH:  YEAH.

                                 MS. DE LA ROSA:  -- YOU SPECIFICALLY SPOKE ABOUT

                    THAT NUMBER, THOSE 8,300 YOU MENTIONED --

                                 MR. SMITH:  YES.

                                 MS. DE LA ROSA:  -- THAT WAS IN 2012, THOSE WERE

                    THE NUMBERS --

                                 MR. SMITH:  OKAY.

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

                    TALKING ABOUT HERE TODAY.

                                 MR. SMITH:  OKAY.

                                 MS. DE LA ROSA:  UNDER YOUR SCENARIO, WE BELIEVE

                                         85



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THAT HESC, WHO IS THE AGENCY TASKED WITH MAKING SURE THAT ALL THE

                    PAPERWORK AND ALL THE DOCUMENTATION IN ORDER TO RECEIVE THE BENEFITS

                    ARE IN PLACE, THAT THOSE REGULATIONS UNDER HESC WOULD TAKE CARE OF

                    SORTING OUT ISSUES SUCH AS THIS.

                                 MR. SMITH:  OKAY.  BECAUSE THAT -- THAT -- THAT'S A

                    CONCERN PRESENTED THE WAY THE BILL'S WORDED.  SO NOW WE GO TO WHO

                    WE'RE TALKING ABOUT TODAY, AS I UNDERSTAND IT.  AS A TEACHER, THESE

                    PEOPLE WERE MY STUDENTS.  YOU KNOW, WE'RE TALKING ABOUT -- WHEN

                    WE'RE TALKING ABOUT A DREAMER, HOW I INTERPRET IT IS, WE'RE TALKING

                    ABOUT SOMEBODY WHO WAS BROUGHT TO THIS COUNTRY WHEN THEY WERE A

                    VERY YOUNG AGE, THEY MAY HAVE NOT ANY CONNECTION TO THEIR NATIVE

                    COUNTRY, THEY MAY NOT SPEAK THE LANGUAGE, THEY MAY NOT EVEN KNOW A

                    SINGLE PERSON OVER THERE, AND FOR ALL INTENTS AND PURPOSES, THEY'VE

                    GROWN UP AS A NEW YORKER HERE IN THIS STATE.  IS THERE ANYTHING IN THE

                    BILL THAT LIMITS -- THAT CREATES A REQUIREMENT FOR THEM TO LIVE IN THE STATE

                    FOR 15 YEARS, OR TEN YEARS OR FIVE YEARS, ANY KIND OF --

                                 MS. DE LA ROSA:  THERE IS A REQUIREMENT IN THE

                    BILL FOR AN AFFIDAVIT THAT THEY WILL REGULATE THEIR STATUS ONCE THEY HAVE

                    THE OPPORTUNITY TO DO SO.  BUT THERE ISN'T, RIGHT NOW IN THIS BILL, AN

                    ENFORCEMENT MECHANISM FOR THAT AFFIDAVIT.  THE BILL DOESN'T SPEAK TO

                    THAT.  AGAIN, HESC, AS THE AGENCY CHARGED, WOULD -- WOULD BE THE ONE

                    TO FOLLOW UP.

                                 MR. SMITH:  OKAY.  AND I -- I THINK THAT'S AN

                    IMPORTANT DISTINCTION BECAUSE WITH THESE FUNDS, WE'RE TALKING ABOUT

                    TAP AND EXCELSIOR, THEY ARE CONDITIONAL WHERE IF WE RUN OUT OF

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MONEY, THAT'S IT.  I MEAN, THAT'S -- YOU KNOW, THEY'RE GOING TO BE BASING

                    THAT -- SO, SOMEBODY WHO, UNDER THIS BILL, SHOWS UP IN THE STATE OF

                    NEW YORK AT AGE 45, IF THEY GET A GED, IF THEY PASS THEIR GED, THEY

                    COULD HAVE COME TO THIS COUNTRY ILLEGALLY UNDER THE WAY THE BILL'S

                    WRITTEN, THEY GET THEIR GED.  NOW, AFTER NOT PAYING A DIME IN STATE

                    INCOME TAX, THEY, TOO, WOULD BE ELIGIBLE.  SO, WHEN WE'RE TALKING ABOUT

                    DREAMERS, I DON'T THINK THAT THIS BILL REALLY -- IS THERE ANY PHASE-IN

                    THAT WE'RE TALKING SPECIFICALLY ABOUT PEOPLE WHO WERE BROUGHT HERE

                    WHEN THEY WERE VERY YOUNG THAT --

                                 MS. DE LA ROSA:  THIS BILL AIMS TO INCREASE THAT

                    BENEFIT, GIVE THAT BENEFIT, GET THEM ACCESS TO THAT BENEFIT TO STUDENTS

                    WHO WOULD HAVE MADE NEW YORK THEIR HOME.  WHO, UNDER THIS BILL,

                    ARE ELIGIBLE FOR THE BENEFIT.  AND WE'RE TALKING ABOUT A GROUP OF

                    STUDENTS WHO, AS I MENTIONED BEFORE, ARE NEW YORKERS, HAVE LIVED IN

                    NEW YORKERS [SIC], FOR ALL INTENTS AND PURPOSES, HAVE PAID TAXES IN

                    NEW YORK.  THEY PAY LOCAL TAXES, THEY PAY EXCISE TAXES, THEY PAY SALES

                    TAXES, AND SOME OF THEM DO PAY INCOME TAX WITH THEIR TAX -- THEIR

                    INDIVIDUAL TAXPAYER ID NUMBER.

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

                    YOU, MR. MOYA.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. SMITH:  OKAY.  THANK YOU TO MY COLLEAGUES FOR

                    THIS, I KNOW WE'VE HAD THIS DEBATE MANY YEARS.  I HAVE A NUMBER OF

                    CONCERNS ON THIS BILL.  RIGHT NOW, WE HAVE A STUDENT LOAN CRISIS IN THE

                                         87



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    STATE OF NEW YORK.  ON AVERAGE, OUR STUDENTS -- NEW YORK STATE

                    STUDENTS OWE ABOUT $31,000 IN STUDENT LOANS, AND THAT'S 60 PERCENT OF

                    OUR RESIDENTS ARE DEALING WITH THAT.  SO, WHAT WE'RE TALKING ABOUT IS

                    EVERY MONTH HAVING TO PAY $350 TO $450 A MONTH IN STUDENT LOANS.

                    AND WE'RE NOT REALLY, TO DATE, THIS CHAMBER HASN'T DONE ANYTHING TO

                    ADDRESS THAT.

                                 ALSO, THE LIMITED FUNDING IN THE TAP AND EXCELSIOR

                    PROGRAM, UNDER THIS BILL IT DOES NOT NECESSARILY TALK SPECIFICALLY ABOUT

                    THE DREAMERS.  IT'S VERY BROAD, IN THAT WE COULD LITERALLY HAVE

                    SOMEONE WHO'S A RESIDENT OF ANOTHER STATE, A RESIDENT OF NEW JERSEY,

                    SOMEONE WHO PREVIOUSLY LIVED IN THE STATE NOW LIVES IN THE STATE OF

                    FLORIDA FOR FIVE -- ALMOST FIVE YEARS, AND -- AND ALSO SOMEONE WHO

                    COMES TO THIS COUNTRY AS AN ADULT, THEY, TOO, WOULD BE ELIGIBLE FOR THIS

                    FUNDING.  SO, WE -- WE'RE DOING NOTHING ON THAT END TO PROTECT THIS.

                    THIS HAS NO RESIDENCY REQUIREMENT THAT SAYS YOU HAVE TO LIVE HERE FOR

                    15 YEARS OR TEN YEARS OR EVEN FIVE YEARS THAT WOULD THEN BE EXCLUSIVE TO

                    THE DREAMERS THAT THE BILL IS TALKING ABOUT TRYING TO HELP.

                                 SO, THE BOTTOM LINE, I -- I JUST -- THE WAY THE BILL IS

                    WRITTEN, I THINK THAT, YOU KNOW, WE SHOULD BE CONCERNED ABOUT NEW

                    YORK STATE TAXPAYERS AND LESS CONCERNED ABOUT TAXPAYERS OF NEW

                    JERSEY OR CONNECTICUT OR CANADA, AND I THINK THAT THIS IS A LITTLE TOO

                    BROAD ON THAT.  SO, ON THAT, I'LL BE VOTING NO.  BUT THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  THANK YOU.  WOULD THE

                    SPONSOR YIELD, PLEASE?

                                         88



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    DE LA ROSA?

                                 MS. DE LA ROSA:  YES.

                                 MS. MALLIOTAKIS:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. MALLIOTAKIS:  SO, JUST TO BE CLEAR, THIS WOULD

                    ALLOW INDIVIDUALS WHO ARE IN OUR COUNTRY UNLAWFULLY TO QUALIFY FOR THE

                    STATE'S TUITION ASSISTANCE PROGRAM AND FOR FREE COLLEGE AT CITY AND

                    STATE UNIVERSITIES, CORRECT?

                                 MS. DE LA ROSA:  YES.  CORRECT.

                                 MS. MALLIOTAKIS:  OKAY.  HOW MUCH, CURRENTLY,

                    IS DISTRIBUTED THROUGH -- OR FOR THE TUITION ASSISTANCE PROGRAM?  AND

                    THEN IF YOU HAVE THE NUMBER, HOW MUCH DO WE SPEND AS A STATE FOR THE

                    TUITION ASSISTANCE PROGRAM AND FOR THE FREE CITY AND STATE COLLEGE

                    CURRENTLY?

                                 MS. DE LA ROSA:  SO, IN THE CURRENT BUDGET, THE

                    TAP ALLOCATION IS $900- -- $947.7 MILLION.

                                 WHAT WAS THE SECOND PART OF THAT QUESTION?  I'M SORRY,

                    I MISSED IT.

                                 MS. MALLIOTAKIS:  DO YOU HAVE A NUMBER FOR THE

                    COMBINATION OF THE FREE CITY STATE COLLEGE PROGRAM, AS WELL AS THE

                    TAP COMBINED?

                                 MS. DE LA ROSA:  OKAY.  $118 MILLION.

                                 MS. MALLIOTAKIS:  BILLION, YOU MEAN.

                                 MS. DE LA ROSA:  MILLION.  FOR EXCELSIOR IT'S $118

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MILLION.

                                 MS. MALLIOTAKIS:  AN ADDITIONAL, OKAY.  NOW,

                    HOW MANY INDIVIDUALS DO YOU ANTICIPATE WILL QUALITY FOR THIS PROGRAM,

                    AND WHAT WILL BE THE COST TO THE STATE?

                                 MS. DE LA ROSA:  SO, RIGHT NOW, FOR UNDER THE BILL,

                    WE ARE SAYING -- WE ARE ESTIMATING THAT THERE IS BETWEEN 6,000 AND

                    EIGHT -- 6,000 AND 8,000 STUDENTS WHO WOULD BENEFIT FROM THE NEW

                    YORK STATE DREAM ACT.

                                 MS. MALLIOTAKIS:  WASN'T THAT THE NUMBER THAT

                    YOU GAVE PREVIOUSLY FOR THE CITY AND STATE -- THOSE WHO ATTENDED CITY

                    AND STATE UNIVERSITIES?

                                 MS. DE LA ROSA:  THAT'S -- YEAH, THAT'S THE TOTAL

                    FOR --

                                 MS. MALLIOTAKIS:  SO WHAT ABOUT PEOPLE WHO

                    ATTEND THE PRIVATE UNIVERSITIES THAT WOULD ALSO QUALIFY FOR TAP?

                                 MS. DE LA ROSA:  THAT'S INCLUDED --

                                 MS. MALLIOTAKIS:  THAT'S INCLUDED.

                                 MS. DE LA ROSA:  THAT'S INCLUDED IN THAT NUMBER,

                    YES.  THAT'S THE NUMBER OF, RIGHT NOW, UNDOCUMENTED STUDENTS IN NEW

                    YORK STATE THAT WE HAVE AN ACCOUNTING OF --

                                 MS. MALLIOTAKIS:  OKAY.

                                 MS. DE LA ROSA:  -- THAT ATTEND OUR HIGHER

                    EDUCATION INSTITUTIONS, BOTH PUBLIC AND PRIVATE.

                                 MS. MALLIOTAKIS:  AND WHAT IS THE ESTIMATED

                    COST?

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. DE LA ROSA:  $27 MILLION.

                                 MS. MALLIOTAKIS:  $7 MILLION?

                                 MS. DE LA ROSA:  $27 MILLION.

                                 MS. MALLIOTAKIS:  $27 MILLION.  OKAY.  WHAT ARE

                    THE REQUIREMENTS TO SHOW YOUR FINANCIAL NEED TO QUALIFY FOR TAP IF YOU

                    ARE A CITIZEN OR A LEGAL RESIDENT OF THE STATE?

                                 MS. DE LA ROSA:  WELL, THOSE ELIGIBILITY

                    REQUIREMENT UNDER INCOME YOU COULD SHOW WITH PAY STUBS, WITH A W-2

                    FORM -- IF YOU ARE A CITIZEN, WITH A W-2 FORM, WITH YOUR TAX RECORDS

                    AND WITH RECEIPTS OF WORK OF YOUR INCOME, YOUR LEGAL INCOME HERE IN

                    NEW YORK STATE.

                                 MS. MALLIOTAKIS:  DOES THIS BILL REQUIRE THAT

                    THOSE WHO ARE IN THE COUNTRY UNLAWFULLY AND APPLYING FOR TAP HAVE A

                    TAXPAYER IDENTIFICATION NUMBER?

                                 MS. DE LA ROSA:  NO.

                                 MS. MALLIOTAKIS:  WHY WOULDN'T THAT BE IN HERE?

                                 MS. DE LA ROSA:  AGAIN, WE ARE EXTENDING THIS

                    BENEFIT TO THE EIGHT -- 6- TO 8,000 STUDENTS WHO HAVE MADE NEW YORK

                    THEIR HOME.  BUT THIS BILL --

                                 MS. MALLIOTAKIS:  YEAH, I MEAN -- HOLD ON A

                    MINUTE.  FOR AT LEAST 30 DAYS, HAVE MADE NEW YORK THEIR HOME FOR AT

                    LEAST 30 DAYS.  LET'S BE CLEAR.  BUT MY QUESTION IS, WHY WOULD WE NOT

                    REQUIRE A TAXPAYER -- I MEAN, AN EMPLOYER IDENTIFICATION NUMBER SO

                    AT LEAST THEY ARE PROVING THEIR -- THAT THEY'RE ELIGIBLE UNDER THE SAME

                    INCOME GUIDELINES THAT A CITIZEN OR LEGAL RESIDENT WOULD HAVE TO?

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. DE LA ROSA:  NOT EVERY 18-YEAR-OLD --

                    SOMEONE WHO ATTENDS A -- A UNIVERSITY WOULD HAVE ACCESS TO THAT

                    NUMBER.  THERE IS A PROCESS FOR GETTING THAT NUMBER.  AND SO, TO ADD

                    THAT AS AN ADDITIONAL BURDEN IS GOING TO EXCLUDE PEOPLE FROM THIS

                    BENEFIT.  AND OUR GOAL HERE TODAY IS TO ADD THIS BENEFIT TO STUDENTS WHO

                    HAVE MADE NEW YORK THEIR HOME.

                                 MS. MALLIOTAKIS:  WELL, WHAT EXACTLY IS THE

                    PROCESS IS TO OBTAIN AN EMPLOYER IDENTIFICATION NUMBER?

                                 MS. DE LA ROSA:  I DON'T HAVE THAT IN FRONT OF ME

                    RIGHT NOW --

                                 MS. MALLIOTAKIS:  OKAY.

                                 MS. DE LA ROSA:  WE CAN -- IF YOU GIVE ME A

                    SECOND, WE CAN GET THAT.

                                 MS. MALLIOTAKIS:  OKAY.  WELL, LET'S -- LET'S MOVE

                    ON.  CERTAINLY, I FEEL THAT, AT MINIMUM, THERE SHOULD BE AN EMPLOYER

                    IDENTIFICATION NUMBER REQUIRED BECAUSE THE CITIZENS AND LEGAL

                    RESIDENTS HAVE TO SHOW THEIR INCOME AND SO, IT WOULD REALLY SORT OF BE

                    UNFAIR THAT SOMEONE DOESN'T REALLY NEED TO SHOW THEIR INCOME IF THEY'RE

                    TRULY ELIGIBLE FOR THE PROGRAM.  BUT WE CAN MOVE ON --

                                 MS. DE LA ROSA:  SO, I HAVE IT HERE IF YOU WANT ME

                    TO READ IT FOR YOU.

                                 MS. MALLIOTAKIS:  GREAT.

                                 MS. DE LA ROSA:  IT SAYS, IMMIGRANTS CAN OBTAIN

                    THEIR I -- ITIN NUMBER BY FILLING OUT A W-7 APPLICATION FORM AND

                    SUBMITTING IT TO THE RIS -- IRS, ALONG WITH A COMPLETED TAX RETURNS.

                                         92



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    INDIVIDUALS DO NOT NEED TO APPLY IN PERSON.  WHEN THE APPLICATION, IF IT

                    IS APPROVED, ITIN NUMBERS ARE SENT TO THE APPLICANT BY MAIL.  THE

                    APPLICANT MUST SUBMIT ORIGINAL DOCUMENTS VERIFYING THEIR IDENTITY AND

                    FOREIGN STATUS.  THE IRS ISSUES A LIST OF 13 DOCUMENTS THAT WILL BE

                    ACCEPTED FOR THAT PURPOSE.  THOSE DOCUMENTS WILL BE RETURNED TO THE

                    APPLICANT WITHIN 60 DAYS AND -- FOR THE PROCESSING OF THE W-7 FORM.

                                 MS. MALLIOTAKIS:  OKAY.  ALL RIGHT --

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

                                 MS. MALLIOTAKIS:  -- I MEAN, IT SOUNDS SIMILAR TO

                    APPLYING FOR, LET'S SAY, AN IDNYC CARD IN NEW YORK CITY, RIGHT?

                    WOULDN'T YOU SAY THAT IS CORRECT?  I DON'T THINK IT'S THAT MUCH OF A

                    BURDEN CONSIDERING YOU'RE GOING TO NOW RECEIVE FREE TUITION ASSISTANCE

                    OR FREE --

                                 MS. DE LA ROSA:  REMEMBER THAT THESE --

                                 MS. MALLIOTAKIS:  -- YEP.

                                 MS. DE LA ROSA:  -- STUDENTS WON'T HAVE TO

                    DEMONSTRATE THEIR INCOME IN ORDER TO ACCESS TAP.

                                 MS. MALLIOTAKIS:  THEY DON'T HAVE TO

                    DEMONSTRATE --

                                 MS. DE LA ROSA:  THEY DO.  THEY DO.

                                 MS. MALLIOTAKIS:  THEY DO.  OKAY.  BUT IF THEY

                    DON'T HAVE AN EIN NUMBER, HOW DO THEY DO THAT?

                                 MS. DE LA ROSA:  AGAIN, AS I SAID, THEY CAN

                    DEMONSTRATE THEIR INCOME BY SIMPLY SHOWING PAY STUBS, SHOWING THE

                    INCOME THAT THEY GENERATED, BECAUSE THEY ARE WORKING AND -- AND

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    GENERATING INCOME.  SO THEY CAN SHOW THAT THROUGH RECEIPTS AND PAY

                    STUBS AND -- AND HESC WOULD BE CHARGED WITH DOING THE DUE DILIGENCE

                    ON -- ON THAT -- ON THAT MATTER.

                                 MS. MALLIOTAKIS:  OKAY.  LET ME ASK YOU A

                    QUESTION.  ARE YOU AWARE THAT THE AVERAGE STUDENT LOAN DEBT IN THE

                    STATE OF NEW YORK IS $40,000?

                                 MS. DE LA ROSA:  YES.

                                 MS. MALLIOTAKIS:  OKAY.

                                 MS. DE LA ROSA:  I HAVE STUDENT LOANS.

                                 MS. MALLIOTAKIS:  OH, GREAT.  SO, YOU -- YOU

                    WOULD UNDERSTAND.

                                 MS. DE LA ROSA:  YES.

                                 MS. MALLIOTAKIS:  ARE YOU ALSO AWARE THAT IN

                    2010, THIS VERY BODY HERE VOTED TO ELIMINATE THE TUITION ASSISTANCE

                    PROGRAM FOR GRADUATE STUDENTS BECAUSE WE ARE AT A FISCAL CRISIS AT THAT

                    THAT TIME, WE HAD A DEFICIT, $13 BILLION DEFICIT?  ARE YOU AWARE OF THAT?

                                 MS. DE LA ROSA:  YES, I'M AWARE OF THAT.  AND

                    ACTUALLY, I KNOW THAT OUR NEIGHBORING CHAMBER IS TAKING -- IS TAKING UP

                    A BILL TODAY THAT FOCUSES ON TAP.  THE BILL HERE TODAY IS NOT FOCUSED ON

                    TAP, BUT I WOULDN'T DISAGREE WITH YOU --

                                 MS. MALLIOTAKIS:  OKAY.

                                 MS. DE LA ROSA:  -- IF THE ARGUMENT THAT YOU'RE

                    TRYING TO MAKE IS THAT WE DO NEED TO MAKE SOME TWEAKS TO TAP.

                                 MS. MALLIOTAKIS:  OKAY.  AMONG THOSE TWEETS --

                    TWEAKS, WOULD YOU SAY THAT INCREASING THE INCOME ELIGIBILITY THRESHOLD,

                                         94



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WHICH HAS NOT BEEN INCREASED SINCE THE YEAR 2000 FROM $80,000, THAT

                    SHOULD MAYBE BE A TWEAK THAT WE SHOULD MAKE --

                                 MS. DE LA ROSA:  ABSOLUTELY.

                                 MS. MALLIOTAKIS:  -- TO TAP.  OKAY.  IT JUST -- IT

                    JUST SEEMS INTERESTING, AND MAYBE THE SPEAKER COULD ANSWER THIS

                    QUESTION, AS TO WHY WE'RE TAKING UP THIS BILL THAT WOULD HELP THOSE

                    INDIVIDUALS WHO ARE HERE UNLAWFULLY, AND NOT TAKING UP THE BILL THAT

                    WOULD MAKE THESE TWEAKS TO TAP THAT WOULD ACTUALLY HELP THE -- THE

                    VERY CITIZENS WHO ACTUALLY ELECTED US TO BE HERE.  DO YOU -- DO YOU

                    HAVE AN ANSWER FOR THAT?

                                 MS. DE LA ROSA:  WELL, I WILL TELL YOU, EVEN

                    THOUGH THE SPEAKER IS NOT HERE ON THE FLOOR RIGHT NOW, I THINK --

                                 MS. MALLIOTAKIS:  I'M SURE HE'LL TELL ME AFTER.

                                 MS. DE LA ROSA:  -- THAT I CAN -- OH, HE'S RIGHT HERE

                    OKAY --

                                 (LAUGHTER)

                                 WELL, HE'S GRANTED ME THE AUTHORITY TO SPEAK ON HIS

                    BEHALF IN THIS MOMENT, I GUESS.  I WILL TELL YOU THAT I -- IT'S SOMETHING

                    IMPORTANT, WE'RE GOING TO BE LOOKING AT THAT.  THAT QUESTION WAS ASKED

                    THIS MORNING --

                                 MS. MALLIOTAKIS:  YEAH.

                                 MS. DE LA ROSA:  -- AT THE PRESS CONFERENCE.  BUT I

                    WILL TELL YOU THAT TAP AND THE REFORM OF TAP AND FIXING OF TAP, WHAT

                    NEEDS TO BE DONE, DOES NOT COMPETE WITH WHAT WE'RE DOING HERE TODAY.

                    YOU COULD BE IN FAVOR OF FIXING THE PROBLEM THAT WE SEE IN TAP AND

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    GRANTING THIS BENEFIT TO UNDOCUMENTED NEW YORKERS WHO ARE HERE AND

                    NEED ACCESS TO HIGHER EDUCATION.

                                 MS. MALLIOTAKIS:  WELL, I -- I JUST WANT TO POINT

                    OUT, YOU COULD BE IN FAVOR OF BOTH, I JUST FEEL LIKE THOSE SHOULD TAKE

                    PRECEDENCE AND PRIORITY.  AND IF THE SPEAKER IS WILLING, I HAVE -- I

                    SPONSOR BOTH OF THOSE BILLS, I'D BE HAPPY TO BRING THOSE TO THE FLOOR FOR

                    A VOTE, IF THE SPEAKER WOULD ALLOW ME TO DO SO.  BUT I'VE BEEN PUSHING

                    FOR THAT SINCE 2014, ACTUALLY.  I HAVE BOTH OF THOSE PIECES OF LEGISLATION.

                    I CERTAINLY THINK THAT THOSE SHOULD BE THE PRIORITY.

                                 AND SO, I'LL BE VOTING NO TODAY.  I REALLY URGE MY

                    COLLEAGUES TO VOTE NO.  FIRST OF ALL, WE HAVE CITIZEN --

                                 ON THE BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MS.

                    MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  WELL, CERTAINLY, THERE ARE

                    MANY CITIZENS IN ALL OF OUR DISTRICTS WHO ARE SUFFERING WITH STUDENT

                    DEBT.  WE HAVE FAMILIES WHO ARE WORKING MULTIPLE JOBS TO PUT THEIR

                    CHILDREN THROUGH COLLEGE.  YOU KNOW, MY -- MY FATHER WORKED TWO

                    JOBS TO HELP ME PAY FOR MY COLLEGE WHILE I WORKED PART-TIME.  I

                    WORKED FULL-TIME TO BE ABLE TO PAY FOR MY GRADUATE STUDIES, AND I REALLY

                    BELIEVE THAT WE ARE -- THIS IS A MISGUIDED ATTEMPT HERE TO REALLY REJECT

                    THE NEEDS OF THOSE WHO ACTUALLY ELECTED US TO BE HERE, AND -- AND

                    PUTTING THOSE WHO ARE HERE UNLAWFULLY AHEAD OF THEM.  AND -- AND JUST

                    THE FACT WE'RE TAKING THIS VOTE TODAY BEFORE WE'RE TAKING THE TAP VOTE

                    SHOWS THAT.

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 SO I URGE MY COLLEAGUES TO REALLY VOTE NO, AND -- AND

                    YOU KNOW WHAT?  IF YOU WANT TO BRING UP A BILL THAT DOES THIS IN THE

                    FUTURE, YOU KNOW, THAT'S A SEPARATE CONVERSATION, BUT CERTAINLY, WE

                    SHOULD BE LOOKING AT THE -- PROTECTING THE CITIZENS WHO HAVE ELECTED US

                    TO BE HERE TODAY.  SO, AGAIN, I'M GOING TO CONTINUE TO PUSH FOR

                    EXPANDING -- RESTORING OUR GRADUATE ASSISTANCE PROGRAM.  IF YOU ARE A

                    LAWYER, A -- IF YOU WANT TO BE A LAWYER, A DOCTOR, A TEACHER, EARN ANY

                    MASTER'S DEGREE IN THE STATE OF NEW YORK, YOU QUALIFY FOR ABSOLUTELY

                    NO ASSISTANCE.  IF YOU'RE -- ONE OF YOUR -- YOUR CONSTITUENTS HAS A

                    HOUSEHOLD INCOME OF $81,000, THEY HAVE THREE, FOUR KIDS THEY WANT TO

                    PUT THROUGH COLLEGE, THEY GET ABSOLUTELY NO ASSISTANCE.  BUT IF YOU ARE

                    HERE UNLAWFULLY -- NOT ONLY UNLAWFULLY, OR IF YOU CAME FROM ANOTHER

                    PART OF THE COUNTRY, FROM ANOTHER STATE AND HAVE LIVED HERE FOR 30 DAYS,

                    YOU CAN QUALIFY FOR THIS TUITION ASSISTANCE PROGRAM IF YOU EARN A

                    HOUSEHOLD INCOME ELIGIBILITY OF LESS THAN $80,000.

                                 MR. SPEAKER, THAT'S WRONG, AND WE SHOULDN'T BE TAKING

                    UP THIS BILL, NOT NOW, PROBABLY NOT EVER.  BUT, CERTAINLY, WE SHOULD NOT

                    BE PUTTING THIS BEFORE THE PROPOSALS THAT I HAVE PUT FORTH, AND I WILL

                    CONTINUE TO VOTE NO, AND I HOPE THAT WE CAN TAKE UP THE TAP PROPOSALS

                    IN THE FUTURE, BECAUSE IT IS A SERIOUS CRISIS THAT NEEDS TO BE ADDRESSED, IT

                    NEEDS TO BE ADDRESSED NOW.  AND IF WE CAN DO THIS, THEN WE CAN

                    CERTAINLY DO THAT.

                                 ACTING SPEAKER AUBRY:  MR. RAMOS.

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                         97



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RAMOS:  WELL, IN THE WORDS -- YOU KNOW,

                    LISTENING TO THIS DEBATE, IN THE WORDS OF EX-PRESIDENT RONALD REAGAN,

                    HERE WE GO AGAIN, WITH THE WORDS "UNLAWFUL", "ILLEGAL", HOW CAN WE

                    HELP THESE PEOPLE, THEY ARE TAKING SOMETHING AWAY FROM SOMEBODY

                    ELSE.  IT IS THE SAME RHETORIC THAT WE HEAR FROM WASHINGTON.  AND WE

                    HEAR IT REPEATED.  WE HEAR THE WORDS "UNLAWFUL", "ILLEGAL", "I DID

                    SOMETHING WRONG".  I ASK MY COLLEAGUES, WHAT HAS A --

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS, WHY

                    DO YOU RISE?

                                 MS. MALLIOTAKIS:  WELL, ACTUALLY, I THINK HE SAID

                    HE WANTS TO ASK HIS COLLEAGUE, BUT I WAS GOING TO ASK IF HE WOULD YIELD.

                                 MR. RAMOS:  SURE.

                                 MS. MALLIOTAKIS:  SO, LET'S TALK ABOUT

                    "UNLAWFUL", AND LET ME ASK YOU A QUESTION.  IF SOMEONE IS HERE

                    UNLAWFULLY, IS IT UNLAWFUL?  I MEAN, WHAT -- WHAT WOULD YOU CALL IT?

                                 MR. RAMOS:  I -- WELL, MY ANSWER TO YOU IS THAT A

                    CHILD, REGARDLESS OF WHAT WE FEEL ABOUT A PERSON WHO CROSSES A BORDER,

                    OR COMES HERE WITHOUT DOCUMENTS, A CHILD DID NOT TAKE PART IN THAT

                    DECISION.  SO, TO USE BUZZ WORDS -- -

                                 MS. MALLIOTAKIS:  WELL, IN SOME -- IN SOME

                    CASES --

                                 MR. RAMOS:  CAN I FINISH ANSWERING THE QUESTION?

                                 MS. MALLIOTAKIS:  SURE.  GO AHEAD.  KNOCK

                    YOURSELF OUT.

                                 MR. RAMOS:  TO USE BUZZ WORDS, TO -- FOR CHILDREN

                                         98



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    --

                                 MS. MALLIOTAKIS:  YEAH --

                                 MR. RAMOS:  ALL RIGHT?  BECAUSE YESTERDAY WE

                    HEARD A LONG DEBATE ABOUT -- A RIGHTEOUS DEBATE ABOUT HOW CHILDREN

                    AND HOW WE'RE CONCERNED ABOUT CHILDREN AND WE MUST PROTECT THEM,

                    YET, WE'RE HERE NOW DEBATING ABOUT HOW WE SHOULD BE MARGINALIZING

                    CHILDREN FOR SOMETHING THAT THEIR PARENTS DID.  AND -- AND THERE IS NO

                    PRECEDENT OF LAW THAT I KNOW OF IN THIS COUNTRY WHERE WE WOULD

                    PUNISH A CHILD FOR SOMETHING THAT THEIR PARENTS DID.  AND WHAT I'M

                    REFERRING TO IS -- IS BOOGEYMAN POLITICS, THAT'S -- THAT'S WHAT IT IS.  WE

                    HAVE TO FIND A BOOGEYMAN TO BLAME FOR EVERYTHING.  THEY'RE TAKING

                    SOMETHING AWAY FROM YOU.  THIS IS -- WE HEAR THIS CONSTANTLY.  AND WE

                    JUST HEARD THIS IN THIS DEBATE AND THIS LINE OF QUESTIONING.  THESE

                    CHILDREN ARE TAKING AWAY SOMEHOW FROM OTHER CHILDREN --

                                 MS. MALLIOTAKIS:  WELL, I MEAN, ISN'T THERE A

                    LITTLE BIT --

                                 MR. RAMOS:  I'M NOT FINISHED WITH MY ANSWER.

                                 MS. MALLIOTAKIS:  YOU -- YOU ASKED TO YIELD.  I

                    MEAN, SO YOU EITHER WANT TO HAVE A CONVERSATION --

                                 MR. RAMOS:  I --

                                 MS. MALLIOTAKIS:  -- OR YOU JUST WANT TO TALK TO

                    YOURSELF.

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS, IT'S A

                    QUESTION AND AN ANSWER.  YOU ASKED THE QUESTION --

                                 MR. RAMOS:  YOU DON'T GET TO TELL ME HOW TO

                                         99



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ANSWER, EITHER.

                                 ACTING SPEAKER AUBRY:  -- HE GETS TO ANSWER.

                                 MR. RAMOS:  ALL RIGHT.  PITTING ONE GROUP AGAINST

                    ANOTHER, OF CHILDREN, LIKE ONE GROUP IS TAKING AWAY FROM ANOTHER, WE'RE

                    TALK -- WE'RE PROVIDING -- WE'RE TALKING ABOUT PROVIDING FUNDING FOR

                    THIS, NOT TAKING AWAY FROM ANYBODY ELSE.  ALL RIGHT.  SO, WHAT I'M

                    SAYING IN THE WORDS OF RONALD REAGAN, HERE WE GO AGAIN, THAT IS WHAT

                    I'M REFERRING TO.

                                 MS. MALLIOTAKIS:  OKAY.  GREAT.  SO, LET ME ASK

                    YOU A QUESTION.  IS THERE -- IS THERE NOT A -- A POT OF MONEY THAT'S

                    ALLOCATED FOR TUITION ASSISTANCE?  IS, YOU KNOW, IT'S NOT AN UNLIMITED

                    POT, RIGHT?  WE DON'T LIVE IN A UTOPIA WHERE MONEY GROWS ON TREES.  SO,

                    APPARENTLY THERE'S A LIMITED POT OF MONEY THAT WE CAN DISTRIBUTE FOR

                    TUITION ASSISTANCE, WHICH IS WHY WE HAVEN'T RESTORED THE TAP GRADUATE

                    STUDIES ELIGIBILITY, OR WE HAVEN'T INCREASED THE INCOME ELIGIBILITY IN 18

                    YEARS, CORRECT?

                                 MR. RAMOS:  YES.

                                 MS. MALLIOTAKIS:  YES.  SO, THERE IS A -- THERE'S

                    PRIORITIES, WOULDN'T YOU SAY?

                                 MR. RAMOS:  NO, NO, NO --

                                 MS. MALLIOTAKIS:  SO EITHER YOU CAN --

                                 MR. RAMOS:  HERE WE GO, SOME ARE MORE ENTITLED

                    THAN OTHERS.  WE CAN TALK ABOUT INCREASING FUNDING FOR ALL.  WE SHOULD

                    INCREASE FUNDING FOR ALL.  BUT WHEN WE GET INTO THIS ARGUMENT ABOUT

                    STANDING ON LINE, THEY SHOULD BE BEFORE OTHERS, ALL CHILDREN ARE EQUAL IN

                                         100



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MY EYES, AND I THINK IN GOD'S EYES.  AND IF WE CAN EXPAND A CHILD'S

                    EDUCATION, I THINK IT'S OUR OBLIGATION AS LEGISLATORS.

                                 MS. MALLIOTAKIS:  OKAY.  SO -- I MEAN, LET ME --

                    LET ME ASK YOU THIS QUESTION.  IS THERE A LIMITED POT OF MONEY -- I'M

                    GOING TO ASK IT AGAIN.  THERE IS A LIMITED -- DO YOU BELIEVE THERE ARE

                    UNLIMITED RESOURCES IN THE STATE, OR THAT THERE IS A LIMITED AMOUNT OF

                    MONEY WHERE -- I MEAN, IT WOULD BE GREAT TO OFFER THINGS TO ALL SORTS OF

                    DIFFERENT GROUPS, I MEAN, THAT'S CERTAINLY WHY PEOPLE COME AND LOBBY

                    US IN ALBANY AND TRY TO ADVOCATE FOR WHAT THEIR PRIORITIES ARE AND

                    WHERE WE SHOULD SPEND MONEY.  BUT, CERTAINLY, WE HAVE A SET BUDGET

                    ANNUALLY, AND WE HAVE TO DETERMINE HOW WE UTILIZE THAT MONEY.  AND

                    DON'T -- I MEAN, I WOULD THINK THAT, YOU KNOW, BEING AS THE CITIZENS

                    ELECTED US TO BE HERE, THAT WE WANT TO MAKE SURE THAT WE PUT THE

                    CITIZENS' INTERESTS FIRST.  I MEAN, THAT JUST MAKES SENSE.  AS A -- AS A

                    REPRESENTATIVE OF MY DISTRICT, I WOULD SAY, WELL, GEE, IF I HAVE CITIZENS

                    WHO ARE TAKING ON A TREMENDOUS AMOUNT OF DEBT AT THE TUNE OF $40,000

                    ON AVERAGE ANNUALLY, IF WE HAVE GRADUATE STUDENTS WHO CAN'T QUALIFY

                    FOR ANY TYPE OF ASSISTANCE, THEY WANT TO BE A LAWYER, THEY WANT TO BE A

                    DOCTOR, THEY WANT TO BE A TEACHER, THEY WANT TO GET A MASTER'S DEGREE, IT

                    JUST MAKES SENSE THAT WITH A LIMITED POT OF MONEY, THAT WE WOULD

                    ACTUALLY PUT THE MONEY TOWARDS, YOU KNOW, THOSE WHO WE REPRESENT,

                    THAT WE WERE ELECTED TO REPRESENT.

                                 MR. RAMOS:  WELL, I DON'T KNOW ABOUT YOU, BUT I

                    WAS ELECTED TO REPRESENT EVERY HUMAN BEING THAT LIVES IN MY DISTRICT.

                                 MS. MALLIOTAKIS:  OKAY.  AND --

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RAMOS:  I'M NOT FINISHED WITH MY ANSWER.

                                 MS. MALLIOTAKIS:  SURE.

                                 MR. RAMOS:  AND, YES, THERE IS A LIMITED AMOUNT OF

                    MONEY WITH EVERYTHING WE DO HERE.  EVERY SINGLE THING WE DO HERE, WE

                    HAVE A LIMITED AMOUNT OF MONEY.  AND THAT IS WHY EVERY YEAR WE VOTE

                    HERE AND FIND WAYS TO INCREASE FUNDING FOR DIFFERENT THINGS.  THERE'S A

                    LIMITED AMOUNT OF MONEY FOR EVERYTHING.  HEALTH, BUT, YET, WE DON'T

                    SAY, BUT WE'RE GOING TO HAVE A PRIORITY LIST AS TO WHO WE SHOULD ATTEND

                    -- THE GOVERNMENT SHOULD ATTEND TO AS FAR AS HEALTH.  WE DON'T -- WE

                    DON'T PIT CITIZEN AGAINST CITIZEN OR NON-CITIZEN OR HUMAN BEING AGAINST

                    HUMAN BEING.  WE TRY AND PROVIDE IN A HUMANE WAY FOR SOCIETY WITHIN

                    NEW YORK STATE.

                                 MS. MALLIOTAKIS:  OKAY.  LOOK, WE'RE OBVIOUSLY

                    NOT GOING TO COME IN AGREEMENT NOW.  WHAT I WOULD ASK FOR YOU TO DO

                    IS ACTUALLY JOIN ME IN THE FUTURE TO MAKE SURE THAT OUR CITIZENS GET THE

                    RESOURCES THAT THEY NEED SO THAT THEY COULD FURTHER THEIR EDUCATION.

                    BECAUSE I THINK THAT, YOU KNOW, WE'RE -- THIS IS -- THIS IS NOT A -- A -- THE

                    WAY WE'RE PRIORITIZING TODAY I THINK IS NOT RIGHT FOR THOSE WHO --

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS --

                                 MS. MALLIOTAKIS:  YES.

                                 ACTING SPEAKER AUBRY:  YOU'RE USING HIS

                    TIME.

                                 MS. MALLIOTAKIS:  OH, I'M SORRY.  OKAY.  YOU

                    KNOW WHAT --

                                 ACTING SPEAKER AUBRY:  YOU HAD YOUR TIME.

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RAMOS:  YES.

                                 MS. MALLIOTAKIS:  YEAH, I WILL, I'LL COME WITH

                    MY OTHER 15.  THANK YOU.

                                 MR. RAMOS:  THANK YOU.

                                 MR. SPEAKER, GETTING BACK TO WHAT I WAS TALKING

                    ABOUT, YOU KNOW, AS YOU HEAR THE RHETORIC, IT'S, AGAIN, PITTING ONE GROUP

                    AGAINST ANOTHER.  THESE CHILDREN, THROUGH NO FAULT OF THEIR OWN, HAVE

                    DONE NOTHING WRONG AND JUST AS A MATTER OF MORALITY, AS A MATTER OF

                    COMMON DECENCY, WE SHOULD BE PROVIDING AS BEST WE CAN WITH THE

                    SAME CRITERIA THAT ANY OTHER STUDENT IN NEW YORK STATE HAS TO PROVIDE

                    FOR THEIR EDUCATION.

                                 NOW, THOSE WHO WANT TO ARGUE THAT SOMEHOW WE'RE

                    PAYING FOR SOMETHING AND WE'RE GIVING OUT A HANDOUT AND WE'RE NOT

                    GETTING ANYTHING BACK, WHEN YOU EDUCATE A CHILD, IF YOU -- IF YOU

                    MARGINALIZE A CHILD, THEN THEY'LL END UP MAKING MINIMUM WAGE AND

                    PAYING THIS MUCH MONEY IN TAXES, REVENUES THAT COME BACK TO SOCIETY,

                    JUST THIS MUCH.  WHEN YOU EDUCATE THEM, THEY MAKE MUCH MORE AND

                    THEY'RE PAYING THIS MUCH MORE TAXES, AND THAT COMES BACK TO SOCIETY.

                    IF A CHILD LIVES TO BE 70, 80 YEARS OLD, THEY -- THEY'RE REPEATING --

                    THEY'RE REPEATEDLY PAYING THESE TAXES FOR THE REST OF THEIR LIFE.  MORE

                    MONEY INTO SOCIETY, WHICH COMES BACK TO AMERICAN CITIZENS AND TO

                    EVERYBODY WHO -- WHO LIVES IN THIS STATE IN THE FORM OF INFRASTRUCTURE,

                    HEALTH BENEFITS AND -- EVERYTHING THAT GOVERNMENT PROVIDES FOR SOCIETY.

                    HOW MANY THINGS CAN WE INVEST IN THAT WE WOULD GET 80 YEARS WORTH

                    OF RETURN?  WE'RE NOT PAYING FOR SOMETHING, WE'RE MAKING A PROFIT ON

                                         103



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THAT INVESTMENT.  THIS IS NOT TAKING AWAY.

                                 BUT, AGAIN, BOOGEYMAN POLITICS.  THEY'RE TAKING

                    SOMETHING FROM YOU.  THESE CHILDREN ARE TAKING SOMETHING FROM YOU.

                    THIS IS -- THIS IS THE RHETORIC THAT WE HEAR.  WE HEAR A PRESIDENT TALKING

                    ABOUT IMMIGRANTS BEING RAPISTS AND MURDERERS AND ROBBERS, AND WE

                    HEAR THE PRESIDENT TALKING ABOUT GANG MEMBERS.  THESE ARE YOUNG

                    PEOPLE WHO WANT TO GO TO COLLEGE.  THEY WANT TO GO TO COLLEGE.  HOW

                    MANY GANG MEMBERS WANT TO GO COLLEGE AND EDUCATE THEMSELVES AND

                    BE PRODUCTIVE MEMBERS OF THIS SOCIETY?  THIS GOES TOTALLY CONTRARY TO

                    ALL THAT DIVISIVE RHETORIC THAT WE HEAR, THAT WE CONSTANTLY HEAR.  AND

                    YOU REPEAT THE WORD "ILLEGAL", "UNLAWFUL", "UNLAWFUL", "UNLAWFUL", YOU

                    SAY IT ENOUGH TIMES AND THESE YOUNG PEOPLE CEASE TO BE HUMAN BEINGS

                    IN THE EYES OF SOME, AND IT JUSTIFIES ANYTHING THAT CAN BE DONE TO

                    MARGINALIZE THEM IN SOCIETY.

                                 SO, MR. SPEAKER, I -- AND TO ALL MY COLLEAGUES, I URGE

                    THAT WE ALL, FOR THE SAKE OF HUMANITY, FOR THE SAKE -- FOR THE MORAL

                    OBLIGATION THAT WE HAVE TO HUMAN BEINGS WHO LIVE IN NEW YORK STATE,

                    I URGE ALL MY COLLEAGUES TO PLEASE VOTE YES ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PICHARDO.

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

                    THE SPONSOR YIELD FOR A QUICK QUESTION?

                                 MS. DE LA ROSA:  SURE.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA

                    YIELDS.

                                         104



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. PICHARDO:  AGAIN, TO THE SPONSOR, THANK YOU

                    SO MUCH FOR YOUR WORK.  VERY QUICKLY, YOU MENTIONED THE NUMBER OF

                    INDIVIDUALS WHO WOULD ACTUALLY QUALIFY TODAY FOR THIS HELP.  HOW MANY

                    STUDENTS WAS IT GOING TO BE?  OR INDIVIDUALS, I'M SORRY.

                                 MS. DE LA ROSA:  SIX- TO 8,000.

                                 MR. PICHARDO:  AND THAT NUMBER HASN'T REALLY

                    CHANGED SINCE WHEN?

                                 MS. DE LA ROSA:  WELL, THE NUMBER WAS HIGHER IN

                    2012, THERE WAS ABOUT 8,300 IN NEW YORK STATE.  THERE HAS BEEN A

                    DECLINE IN UNDOCUMENTED STUDENTS IN OUR HIGHER EDUCATION SYSTEM

                    OVERALL.  AND SO, THAT NUMBER HAS DECLINED BETWEEN 6- AND 8,000.

                                 MR. PICHARDO:  SO THAT'S WHY THE NUMBER THAT THE

                    GOVERNOR ALLOCATED HAS BASICALLY BEEN STATIC SINCE 2015 'TIL NOW; IS THAT

                    CORRECT?

                                 MS. DE LA ROSA:  YES.

                                 MR. PICHARDO:  OKAY.  THANK YOU.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PICHARDO:  SO, AGAIN, I WANT TO EMPHASIZE

                    THIS.  FIRST OF ALL, I WANT TO THANK MY COLLEAGUE, THE GENTLE LADY FROM

                    THE 72ND ASSEMBLY DISTRICT ACROSS THE BRIDGE FROM ME FOR HER WORK

                    AND HER LEADERSHIP ON THIS ISSUE.  I ALSO WANT TO THANK OUR FORMER

                    COLLEAGUE AS WELL AS NOW COUNCILMEMBER WHO, YOU KNOW, SORT OF TOOK

                    A DEMOTION TO GO HANG OUT IN THE CITY COUNCIL, FRANCISCO MOYA, THANK

                    YOU FOR YOUR LEADERSHIP.  AND TO MY COLLEAGUES, AGAIN, AND TO THE

                                         105



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    SPEAKER FOR MAKING SURE THAT THIS CONTINUES TO BE A PRIORITY FOR THIS

                    HOUSE.

                                 I UNDERSTAND THAT, YOU KNOW, SENATOR PERALTA MADE

                    THIS HIS LIFE'S WORK.  WE ARE JOINED BY HIS FAMILY, HIS WIFE, HIS MOTHER,

                    HIS SONS.  I WANT TO REEMPHASIZE TO YOU, THANK YOU FOR LETTING US HAVE

                    JOSÉ FOR ALL THOSE YEARS FOR THAT FIGHT.  I KNOW IT'S PAINFUL FOR YOU NOW,

                    BUT I KNOW THAT THE LEGACY THAT JOSÉ LEAVES BEHIND AND THE WORK THAT HE

                    LEAVES BEHIND IS GOING TO HAVE AN INDELIBLE MARK NOT ONLY FOR MANY

                    NEW YORKERS ACROSS THE STATE AND FOR GENERATIONS TO COME, BUT WHEN

                    PEOPLE LOOK BACK AT THIS MOMENT 100 YEARS FROM NOW, 200 YEARS FROM

                    NOW, THEY WILL REMEMBER THE NAME OF JOSÉ PERALTA AND THAT HE FOUGHT

                    TO MAKE SURE THAT ALL NEW YORKERS ARE TREATED EQUALLY AND GIVEN EQUAL

                    ACCESS TO OPPORTUNITY AND MOVING THEIR FAMILIES FORWARD.  SO, THANK

                    YOU SO VERY MUCH FOR YOUR SACRIFICE AND YOUR SUPPORT IN MAKING SURE

                    THAT THIS HAPPENS.

                                 REGARDLESS OF HOW YOU SEE THIS ISSUE, REGARDLESS IF

                    YOU BELIEVE IT SHOULDN'T BE A PRIORITY FOR THIS HOUSE, WHETHER OR NOT WE

                    WE'RE LEAVING OTHER INDIVIDUALS WHO ARE MORE MERITORIOUS BEHIND, FOR

                    WHATEVER REASON, HOWEVER YOU GET TO ROME, YOU GET TO ROME.  THAT'S

                    FIRST AND FOREMOST.  SECONDLY, IF YOU BELIEVE THAT INDIVIDUALS,

                    REGARDLESS OF THEIR -- THEIR IMMIGRATION STATUS, EITHER SHOULD THEY WAIT

                    IN THE BACK OF THE LINE OR MAKE SURE THAT THEY WAIT THEIR TURN, AT THE END

                    OF THE DAY, REGARDLESS IF IT'S IN MY DISTRICT, IN THE SPONSOR'S DISTRICT, OR

                    ANYWHERE ELSE IN THIS STATE, WE ARE PAYING RIGHT NOW, THIS MOMENT,

                    THERE ARE KIDS WHO ARE UNDOCUMENTED IN YOUR DISTRICTS GETTING AN

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                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    EDUCATION WHO ARE BEING SUPPORTED BY THE NEW YORK STATE TAXPAYER.

                    SO, WHEN THEY COME AND THEY ARE APPLYING FOR COLLEGES, REGARDLESS IF

                    IT'S SUNY OR CUNY OR A PRIVATE COLLEGE, WHETHER IT'S IN THIS STATE OR

                    OUT OF THIS STATE, WHAT CHANGES?  WE'RE STILL PAYING FOR THEIR EDUCATION.

                                 SO AT THE END OF THE DAY, IF WE LET THEM FALL OFF A CLIFF,

                    THAT'S JUST SIMPLY A BAD INVESTMENT.  WE'RE LEAVING MONEY ON THE TABLE.

                    AND AT THE END OF THE DAY, IF A PERSON RIGHT NOW IN THIS STATE GETS AN

                    EDUCATION AND GETS A BACHELOR'S DEGREE OR A MASTER'S DEGREE OR

                    ANYTHING, THE NUMBERS HAVE BEEN SAID THAT THEY ARE GOING TO EARN, AT

                    THE MINIMUM, $1 MILLION OVER THE COURSE OF THEIR LIFETIME, VERSUS AN

                    INDIVIDUAL OF THE SAME COHORT WHO DOESN'T HAVE THAT LEVEL OF EDUCATION.

                    SO, YOU MULTIPLY THAT 8,000, 6,000 TIMES, THAT'S A LOT OF MONEY THAT

                    YOU'RE LEAVING ON THE TABLE.  AND AT THE END OF THE DAY, A $27 MILLION

                    INVESTMENT OVER THE COURSE OF THESE INDIVIDUALS IS GOING TO MAKE A

                    MASSIVE IMPACT, NOT ONLY ON CREATING JOBS, NOT ONLY CREATING AND

                    SUSTAINING STABILITY IN THE FAMILIES OF MANY NEW YORKERS ACROSS THIS

                    STATE, BUT MORE IMPORTANTLY, THESE INDIVIDUALS ARE NOT GOING TO BE

                    DEPENDENT ON, FOR THE MOST PART, ON SOCIAL SERVICES THAT WE DEBATE,

                    DISCUSS AND ARGUE AROUND THE BUDGET TIME.  SO, LET'S MAKE THE PRUDENT,

                    FISCAL RESPONSIBLE DECISION.

                                 SINCE I'VE GOTTEN HERE IN THE LAST SIX YEARS, WE'VE

                    DEBATED THIS BILL.  YOU SPOKE ABOUT THE HUMANITY OF ALLOWING

                    INDIVIDUALS WHO REALLY WANT TO MAKE THEIR LIVES BETTER, WHETHER IT'S

                    SERVING IN OUR MILITARY AND OUR ARMED FORCES, WHETHER IT'S GOING TO

                    COLLEGE AND BECOMING ENGINEERS, BECOMING SCIENTISTS, STARTING

                                         107



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BUSINESSES, GROWING THEIR FAMILY, SUPPORTING THEIR COMMUNITIES, AND

                    TIME AFTER TIME AFTER TIME, THE POLITICS OF TODAY AND THE FEAR OF LOSING

                    YOUR RE-ELECTION BECOMES THE PRIORITY VERSUS SUPPORTING FAMILIES,

                    SUPPORTING NEW YORKERS ACROSS THIS STATE WHO DID NOTHING WRONG.  LET

                    ME EMPHASIZE THIS:  IF YOU'RE A THREE-YEAR-OLD CHILD AND YOU'RE BROUGHT

                    THERE FROM THE DOMINICAN REPUBLIC, OR COLOMBIA OR MEXICO, OR EL

                    SALVADOR OR WHEREVER, AND YOU COME HERE AND YOU GROW UP NEXT TO MY

                    DAUGHTER, OR TO ANY OF OUR COLLEAGUES' SONS AND DAUGHTERS, MR.

                    SPEAKER, IS THERE ANY MARKET -- MARKETABLE DIFFERENCE BETWEEN THAT

                    CHILD OR ANY OF OURS WHO ENJOY THE LUXURY OF BEING A CITIZEN OF THIS

                    COUNTRY, WHO ENJOY THE ABILITY TO PARTICIPATE IN THIS SOCIETY, EXCEPT FOR

                    THE IDEA THAT THEY DO NOT HAVE A SOCIAL SECURITY CARD, THEY DO NOT HAVE

                    A SOCIAL SECURITY NUMBER.  AND THAT IS BASICALLY THE DIFFERENCE

                    BETWEEN MY DAUGHTER OR ANY OF THOSE FOLKS WHO CAME HERE AS CHILDREN.

                                 THERE ARE RELEVANT AND IMPORTANT CONVERSATIONS TO BE

                    HAD, AS MY COLLEAGUE WAS MENTIONING ABOUT INCREASING GRADUATE TAP

                    OR INCREASING THE THRESHOLD OF FOLKS WHO SHOULD -- WHO BARELY MAKE

                    THE -- BARELY GET BY AND MAKE A LITTLE TOO MUCH TO QUALIFY FOR FINANCIAL

                    AID.  THAT'S A VALID CONVERSATION AND WE SHOULD ABSOLUTELY HAVE THAT.

                    BUT IN ORDER TO USE THAT AS AN EXCUSE TO NOT GIVE INDIVIDUALS THE

                    OPPORTUNITY TO MAKE SOME -- MAKE THEMSELVES BETTER, I THINK IT'S

                    SHORTSIGHTED, I THINK IT DOESN'T MAKE ANY FISCAL SENSE, BUT, MORE

                    IMPORTANTLY, IT'S INHUMANE.

                                 AT THE END OF THE DAY, WHEN WE PASS THIS BILL, BECAUSE

                    WE WILL PASS THIS BILL, AND IT WILL BE SIGNED INTO LAW ONE WAY OR

                                         108



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ANOTHER, WE WILL SEE THIS STATE TRANSFORM INTO, AGAIN, WE CALL OURSELVES

                    A PROGRESSIVE BEACON IN THIS COUNTRY, AND SOMETIMES WE LIVE SHORT OF

                    THAT EXPECTATION.  BUT TODAY, WHEN WE PASS THIS BILL, WE WILL MAKE OUR

                    LIGHT AS THE EMPIRE STATE, SHINE A LITTLE BRIGHTER.  I HOPE, I MAY HAVE

                    HAD NOT CONVINCED MOST OF MY COLLEAGUES OR MANY OF MY COLLEAGUES TO

                    SUPPORT THIS PIECE OF LEGISLATION, AND YOU VOTE YOUR CONSCIENCE AND

                    YOU VOTE YOUR DISTRICT, AND I UNDERSTAND THAT, BUT I WANT YOU TO

                    UNDERSTAND THAT WHEN WE MOVE THIS STATE FORWARD AND THE IMPACT THAT

                    THIS BILL WILL HAVE FOR THOUSANDS OF NEW YORKERS, FOR THOUSANDS OF

                    FAMILIES, THAT YOU WILL SEE THAT THIS WAS THE RIGHT THING.

                                 WITH THAT, MR. SPEAKER, I WANT TO THANK AGAIN MY

                    COLLEAGUES WHO ARE SUPPORTING THIS BILL, I ENCOURAGE THEM TO SUPPORT

                    THIS BILL.  BUT MORE IMPORTANTLY, I WANT TO TAKE THIS POINT OF PERSONAL

                    PRIVILEGE AGAIN TO THANK SENATOR PERALTA AND HIS ENTIRE EXTENDED

                    FAMILY.  THEY UNDERSTAND THE SACRIFICES THAT IT TAKES FOR AN INDIVIDUAL

                    TO COME UP HERE, REGARDLESS OF PARTY, TO DEBATE, ARGUE, PONTIFICATE WHAT

                    IS THE BEST WAY OF MOVING THIS STATE FORWARD.  AND I ALSO WANT TO TAKE

                    THIS OPPORTUNITY TO THANK MY OWN FAMILY FOR ALLOWING ME TO HAVE THIS

                    OPPORTUNITY TO DEBATE AND PUSH THIS STATE FORWARD.  AND I WANT TO TAKE

                    THIS OPPORTUNITY TO TELL MY DAUGHTER, MY LITTLE BEAR CUB, WHO IS SICK AT

                    HOME RIGHT NOW, I HOPE YOUR PAPA MADE YOU PROUD.  I HOPE THAT MY

                    WORDS LONG AFTER WE'RE ALL GONE AND YOU LOOK AT THE RECORD AND YOU'LL

                    SEE THAT WE WERE ABLE TO PUSH THIS STATE FORWARD.  I ENCOURAGE MY

                    COLLEAGUES TO SUPPORT THIS BILL.  THANK YOU SO MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ASSEMBLYMEMBER

                                         109



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    CRESPO.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER.  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. CRESPO:  HOY EL SUEÑO DE TANTOS ESTUDIANTES SE

                    HACE EL REALIDAD:  TODAY, THE DREAM OF SO MANY STUDENTS BECOMES A

                    REALITY.  IT IS A GREAT DAY FOR US TO HAVE THIS CONVERSATION HOPEFULLY FOR

                    THE LAST TIME AND MOVE AN ISSUE FORWARD THAT WILL IMPACT THE LIVES OF SO

                    MANY YOUNG PEOPLE IN OUR STATE WHO CALL NEW YORK STATE HOME AND

                    WHO WANT TO BE A PART SIMPLY OF MAKING IT BETTER EVERY DAY.

                                 DO YOU KNOW WHO AGREES WITH WHAT I JUST SAID?

                    EVERY OTHER KID IN A PUBLIC SCHOOL SITTING RIGHT NOW NEXT TO A

                    DREAMER.  NOT KNOWING SOMETIMES, MOST OF THE TIME, NOT EVEN

                    KNOWING OF EACH OTHER'S CIRCUMSTANCE, THEY JUST SEE THEM AS AN EQUAL,

                    AS A FRIEND, A KID THEY GREW UP WITH.  A KID WHO GRADUATED WITH THEM.

                    AND ONLY WHEN THEY ASK, WHERE ARE YOU GOING TO COLLEGE, DO THEY FIND

                    OUT, WELL, I JUST REALIZED, MY PARENTS JUST BROKE IT TO ME THAT I'M NOT

                    GOING TO QUALIFY FOR ASSISTANCE BECAUSE -- AND I CAN'T GO BECAUSE I JUST

                    FOUND OUT I'M UNDOCUMENTED.  THAT'S A TRUE STORY.

                                 I'LL NEVER FORGET, THE YEAR I GOT ELECTED, A YOUNG

                    WOMAN FROM ONE OF THE HIGH SCHOOLS IN MY DISTRICT, PALOMA ABATA

                    (PHONETIC), I'LL NEVER FORGET HER NAME, A VALEDICTORIAN IN HER HIGH

                    SCHOOL, HAD TO NOT GO TO COLLEGE BECAUSE SHE COULD NOT AFFORD IT, HER

                    PARENTS COULD NOT AFFORD IT, AND SHE WAS INELIGIBLE FOR TUITION

                    ASSISTANCE.  YOU KNOW, A LOT OF TIME -- YOU'VE HEARD ME SAY THIS BEFORE,

                    MANY OF US -- ALL OF US, ACTUALLY, IN THIS CHAMBER HAVE AN IMMIGRANT

                                         110



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    STORY TO TELL.  SOME OF US WERE MORE WELCOME THAN OTHERS.  MY FATHER

                    WAS AN UNDOCUMENTED IMMIGRANT FROM PERU.  HE WAS A MERCHANT

                    MARINE WHO HID IN THE STORAGE ROOM OF A SHIPPING VESSEL.  PAPI

                    CONTRIBUTED TO THE ECONOMY IN THIS COUNTRY, WORKED HIS WHOLE LIFE,

                    BECAME A UNION MEMBER, BECAME A U.S. CITIZEN AND PAID TAXES HIS

                    WHOLE LIFE.  MAMI WAS FROM PUERTO RICO.  I WAS BORN IN PUERTO RICO

                    AND CITIZEN BY BIRTH.  PROUD OF THAT.  IT'S AMAZING TO ME THAT IT TOOK

                    HURRICANE MARIA FOR HALF OF THE MEMBERS OF CONGRESS TO REALIZE THAT

                    PUERTO RICANS ARE AMERICAN CITIZENS.

                                 I -- I MENTION THAT BECAUSE SOMETIMES WE'RE -- YOU

                    KNOW, WE -- WE KEEP GETTING INTO THESE DEBATES ABOUT -- OR ARGUMENTS

                    AROUND WHO DESERVES WHAT.  I WOULD ARGUE THAT THE PEOPLE OF PUERTO

                    RICO DESERVE SO MUCH BETTER THAN WHAT THEY RECEIVED AFTER THE MOST

                    DEVASTATING NATURAL DISASTER TO HIT THE ISLAND, THEY DESERVE BETTER FROM

                    THE SAME GOVERNMENT THAT SENT THEM OUT TO FIGHT AT WAR, OR THAT UTILIZED

                    THEIR LAND FOR MILITARY PURPOSES AND LEFT IT UN-REMEDIATED.  YOU COULD

                    GO DOWN THAT ROAD, BUT I COULD TALK ABOUT THE MORAL ARGUMENTS IN MY

                    OPINION, MY HUMBLE OPINION, AROUND INVESTING IN THE CONTRIBUTIONS OF

                    OUR IMMIGRANT COMMUNITIES.  SAME WORKERS WHO KEEP MANY FARMS

                    OPEN IN THIS STATE, THE SAME PEOPLE WHO, THROUGH OUR RECESSION,

                    OPENED SMALL BUSINESSES AND CREATED ECONOMIC ACTIVITY.

                                 I TALK ABOUT THE ECONOMY BECAUSE THAT'S WHAT MATTERS

                    TO NEW YORKERS.  EVERYBODY WHO -- WHO USUALLY COMPLAINS ABOUT THIS

                    BILL SAYS, WHY ARE YOU GIVING THEM WHEN YOU DON'T GIVE ME ENOUGH?

                    LET ME SHARE MY THOUGHTS ON THAT.  FIRST OF ALL, IF YOU ASK ME IF $27

                                         111



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MILLION IS WORTH AN INVESTMENT, I WILL SAY TO YOU THAT IT REPRESENTS ONLY

                    2 PERCENT, 2 PERCENT OF THE CLOSE TO $1.1 BILLION PAID IN INCOME TAXES

                    BY UNDOCUMENTED NEW YORKERS; 2 PERCENT OF THE MONEY THEY PAID,

                    MONEY THAT IS INVESTED IN OUR MANY COMMUNITIES.  SO -- SO, FOR THOSE

                    THAT SAY, WHY ARE YOU GIVING THEM?  WE'RE SAYING, NO, ACTUALLY, WE'RE

                    REALLY JUST USING 2 PERCENT OF WHAT THEY'VE GIVEN US TO INVEST

                    EVERYWHERE ELSE.  WE SPEND $1.3 BILLION A YEAR IN TUITION ASSISTANCE

                    PROGRAMS, THE MANY PROGRAMS THAT ARE OUT THERE.  EXCELSIOR DOESN'T

                    ADDRESS THE NEEDS OF KIDS IN MY COMMUNITY.  THAT WASN'T MEANT FOR THE

                    URBAN YOUNG MOTHER WHO HAS TO WORK TWO JOBS BECAUSE SHE HAS KIDS,

                    CAN'T TAKE ENOUGH CREDITS TO QUALIFY FOR THE PROGRAM.  LET'S BE HONEST,

                    THAT WAS A PROGRAM INTENDED TO CAPTURE A MORE MIDDLE-CLASS SUBURBAN

                    COMMUNITY THAT WAS LEFT OUT OF SERVICES.  I AGREE AND SUPPORT THAT

                    PROGRAM, AND WILL DEFEND IT.  IT'S NOT SERVING MY KIDS NECESSARILY, BUT I

                    BELIEVE THAT MORE NEW YORKERS SHOULD GET ACCESS TO TUITION ASSISTANCE.

                                 WE ARGUE -- TALK ABOUT THE BUDGET ALL THE TIME, AND

                    NOT ALL OF US GET EVERYTHING WE WANT.  I CAN TELL YOU THAT IF I COULD GO

                    BACK TO MY DISTRICT AND SAY THERE ARE $14 MILLION INVESTED IN ONE

                    NEIGHBORHOOD AND NOT IN YOURS, THEY COULD TELL ME ALL THE REASONS -- ALL

                    THE WAYS THEY WOULD SPEND THAT MONEY.  FOR EXAMPLE, WE NEED

                    RESOURCES -- YOU KNOW ONE OF THE MAJOR FACTORS WHY STUDENTS ARE

                    DROPPING OUT OF COLLEGE?  TRANSPORTATION EXPENSES.  I'VE LEARNED ABOUT

                    TRANSPORTATION BECAUSE WHEN WE DID ANTI-POVERTY HEARINGS, WENT TO

                    BINGHAMTON, WENT TO ROCHESTER AND ALL THESE COMMUNITIES, NOT -- NOT

                    MY DISTRICT, BUT IN COMMUNITIES WHERE POVERTY IS A PROBLEM, AND

                                         112



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    TRANSPORTATION WAS THE BIGGEST NEED.  AND I'VE HEARD FROM SO MANY OF

                    MY COLLEAGUES WHO SAY, WE NEED MORE BUS SERVICE, WE NEED MORE --

                    MORE ACCESS FOR OUR WORKFORCE TO GET TO WHERE THE JOBS ARE.  THEY NEED

                    MONEY, TOO.  AND I SUPPORT THAT.  I SUPPORT THAT AND WILL AND PEOPLE IN

                    MY COMMUNITY SAY, BUT WHY YOU GIVING THEM MONEY?  BECAUSE YOU

                    KNOW WHAT?  THEY NEED IT, TOO.

                                 BUT YET, THERE IS ONE COMMUNITY THAT WE ALSO TRY TO

                    RESOLVE THIS PROBLEM AND INVEST IN ANNUALLY CLOSE TO $14 MILLION TO

                    ADDRESS THEIR TRANSPORTATION ISSUE.  DO YOU KNOW WHAT COMMUNITY I'M

                    TALKING ABOUT?  THE RESIDENTS OF STATEN ISLAND.  AND I PROUDLY STOOD ON

                    THE TRANSPORTATION COMMITTEE TO SUPPORT THAT WE SUBSIDIZE THE COST OF

                    GOING THROUGH THE VERRAZANO BRIDGE BECAUSE IT WAS EXORBITANT TO THE

                    RESIDENTS OF STATEN ISLAND.  SO I ARGUE, IS THE FACT THAT OTHER

                    COMMUNITIES ARE DESPERATE FOR TRANSPORTATION DOLLARS A SUFFICIENT

                    ARGUMENT TO SAY WE SHOULDN'T GIVE THIS ONE GROUP OF PEOPLE THE

                    RESOURCES THEY NEED?  THE ANSWER IS NO.  THEY DESERVE IT, TOO.  IT'S THE

                    ONLY BRIDGE.

                                 SO, YOU KNOW WHAT?  LET'S BE HONEST WITH EACH OTHER

                    ABOUT WHAT WE ARE DOING.  WE ARE SAYING TO A GROUP OF STUDENTS WHO

                    REPRESENT THE VERY BEST OF US, THOSE THAT QUALIFY ACADEMICALLY AND MEET

                    ALL THE OTHER CRITERIA INVOLVED IN THE TAP PROGRAM AND OTHER PROGRAMS,

                    THAT WE'RE SIMPLY SAYING THAT WE WILL NOT END OUR INVESTMENT AT HIGH

                    SCHOOL.  WE ARE SAYING THAT WE WILL SEE THAT INVESTMENT THROUGH,

                    BECAUSE WE ARE INVESTING IN YOUR INTELLECTUAL CAPITAL.  WE KNOW THAT

                    YOU ARE THE WORKFORCE OF THE FUTURE.  AND I KNOW THAT WE NEED THE

                                         113



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    FEDERAL GOVERNMENT TO ADDRESS ALL THE OTHER IMMIGRATION ISSUES.  WE'RE

                    NOT HERE TO SOLVE IMMIGRATION, WE'RE THE GREAT STATE OF NEW YORK.

                    WE'RE HERE TO SAY WHO LIVES IN OUR COMMUNITY?  LET'S INVEST IN THEM.

                    WHO RESIDES HERE AND PAYS TAXES AND CONTRIBUTES ECONOMICALLY?  LET'S

                    INVEST IN THEM.  WHEN UNDOCUMENTED NEW YORKERS REPRESENT CLOSE TO

                    $12 BILLION TO STATE AND LOCAL TAX -- ACTUALLY, THAT'S A NATIONWIDE

                    NUMBER.

                                 LOOK, THEY CONTRIBUTE ECONOMICALLY.  AND THIS IS

                    TAKING NOTHING AWAY FROM THE $1.3 BILLION WE INVEST IN ALL -- ALL OTHER

                    STUDENTS.  AND I AGREE WITH MY COLLEAGUE FROM THE OTHER SIDE OF THE

                    AISLE, WE NEED TO DO MORE TO EXPAND TAP.  WE NEED TO MAKE COLLEGE A

                    RIGHT, NOT A COSTLY ENDEAVOR.  IT SHOULD NOT COST A NEW YORKER OR ANY

                    AMERICAN THAT MUCH MONEY TO GO TO COLLEGE AND GRADUATE WITH A

                    DEGREE AND A -- AND A MORTGAGE BEFORE YOU EVER GET A JOB.  WE KNOW

                    THAT'S A -- A PROBLEM.  WE KNOW STUDENT DEBT IS A PROBLEM.  WE'VE GOT

                    IDEAS ON THAT, TOO.  BUT LET'S NOT CONFUSE THE PEOPLE LISTENING, OR THE

                    RESIDENTS OF THE STATE OF NEW YORK INTO THINKING THAT DOING THIS IS THE

                    REASON THOSE THINGS HAVEN'T HAPPENED.  I AGREE THAT THE THEATER OF THIS

                    CONVERSATION HAS TO END.

                                 STUDENTS, THE DREAMERS THAT ARE HERE, THEY REPRESENT

                    THE VERY BEST OF THE STATE OF NEW YORK, REGARDLESS OF THEIR PERSONAL

                    STORY, BECAUSE WE ALL HAVE ONE.  OUR STORIES ARE REALLY NOT THAT MUCH

                    DIFFERENT.  AND SO, $27 MILLION OPENING THE DOORS OF OPPORTUNITY TO

                    THOSE STUDENTS WHO ARE ALREADY MAKING AN INVESTMENT, WHO HAVE SO

                    MUCH TO OFFER, WHO REPRESENT PEOPLE FROM ALL OVER THE WORLD, A

                                         114



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DIASPORA THAT RESIDES HERE TO BE A PART OF OUR NATION.  MOST OF THEM

                    ONLY KNOW THIS LANGUAGE AND THIS FLAG.  THEY'RE NOT GOING ANYWHERE.

                    THEY LIVE IN MY DISTRICT AND YOURS.

                                 SO, I ENCOURAGE EVERYBODY TO THINK OF THIS FROM AN

                    ECONOMIC STANDPOINT.  THINK OF THIS FROM -- YOU KNOW, I'M NOT GOING

                    TO APPEAL TO YOUR MORAL VIEWS ON IMMIGRATION, OR WHO DESERVES WHAT,

                    I'M GOING TO APPEAL TO YOU FROM AN ECONOMIC STANDPOINT AND SIMPLY

                    SAY THAT ASKING THESE [SIC] TAXPAYING COMMUNITY TO GIVE -- TO USE ONLY

                    TO REINVEST 2 PERCENT OF THEIR PAYMENTS TO THE STATE BACK INTO ALLOWING

                    THESE GREAT MINDS TO GET A QUALITY COLLEGE EDUCATION, I THINK THAT'S AN

                    INVESTMENT THAT REFLECTS WHO WE ARE AS A STATE.  I THINK THAT'S AN

                    INVESTMENT WHO WE ARE AS AMERICANS.  I THING THAT'S AN INVESTMENT THAT

                    LIVES UP TO THE PROMISE OF THE STATUE OF LIBERTY.  I THINK THAT'S AN

                    INVESTMENT THAT REFLECTS WHAT WE'RE SUPPOSED TO BE DOING.

                                 WHEN I COME TO THIS CHAMBER, I'M NOT JUST HERE TO

                    REPRESENT THE RESIDENTS OF THE 85TH, THEY'RE MY PRIORITY, BUT I'M ALSO

                    HERE TO LISTEN TO THE NEEDS OF ALL COMMUNITIES IN THE STATE.  AND IF YOU

                    HAVE POVERTY IN YOUR DISTRICT, IF YOU HAVE NEEDS, I AM WILLING TO HAVE

                    THAT CONVERSATION.  BUT VILIFYING THESE CHILDREN AS A PROBLEM IS THE

                    PROBLEM.  LET'S BE HONEST AND SAY TO OURSELVES AS NEW YORKERS WE CAN

                    DO BETTER; THAT THE DREAMS, WHETHER THEY WERE OF MARTIN LUTHER KING

                    OR OF A YOUNG JOHAN OR ANY OF THE OTHER DREAMERS THAT ARE HERE, OR

                    MY FATHER AND WHAT HE DID TO GIVE ME AN OPPORTUNITY TO SERVE

                    ALONGSIDE YOU IN THIS CHAMBER WITH THE SAME TITLE, WITH THE SAME

                    RESPONSIBILITIES, SOMETIMES A DIFFERENCE OF OPINION.  BUT I THINK I'VE

                                         115



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DEVELOPED SOME GREAT RELATIONSHIPS ALONG THE WAY IN THIS CHAMBER.

                    AND I THINK YOU APPRECIATE ME AS AN INDIVIDUAL.  AND I ASSURE YOU THAT

                    IF YOU TAKE THE TIME TO GET TO KNOW THESE DREAMERS, YOU WILL

                    APPRECIATE THEM, TOO.  AND IF NOT, ASK YOUR KIDS WHO GO TO MANY OF

                    THESE SCHOOLS ALONGSIDE THOSE DREAMERS AND SAY, WHAT DO YOU THINK

                    OF THEM?  AND THEY WILL TELL YOU, THEY'RE ONE OF US, MY FRIENDS, THEY

                    DESERVE TO BE WITH ME IN COLLEGE, AS WELL.

                                 IT'S THE RIGHT THING TO DO FOR OUR STATE.  IT'S THE RIGHT

                    THING TO DO FOR AMERICA.  IT'S THE RIGHT THING TO DO FOR HUMANITY.  IT'S AN

                    INVESTMENT THAT MAKES SENSE FOR THE STATE OF NEW YORK.  AND TO ALL

                    NEW YORKERS, UNDERSTAND THIS IS NOT TAKING ANYTHING AWAY FROM YOU,

                    YOUR POCKET OR YOUR CHILDREN'S POCKET.  WE AS A HOUSEHOLD CONTINUE TO

                    EXPAND AND INVEST MORE RESOURCES AND OPPORTUNITIES.  WE PROPOSE THAT

                    IN OUR ONE-HOUSE BUDGETS YEAR AFTER YEAR.  WE NOW HAVE A PARTNER ON

                    THE OTHER SIDE THAT MAYBE WE'LL SEE MORE OF THIS COME TO FRUITION.  AND

                    IF WE CAN DO MORE, WE WILL DO MORE, WE'LL FIGHT TO DO MORE.  BUT MAKE

                    NO MISTAKE ABOUT IT, THIS DREAM ACT, IT'S NOT ABOUT ENDING OTHER

                    PEOPLE'S DREAMS, IT'S SIMPLY SAYING THAT NOBODY SHOULD BE DENIED THAT

                    DREAM.  NOT -- ESPECIALLY NOT CHILDREN, WHO AS HAS BEEN EXPLAINED

                    BEFORE, MOST CASES HAD NOTHING TO DO WITH HOW AND WHEN THEY GOT

                    HERE.  THIS IS WHERE THEY ARE.  THIS IS WHERE THEY PRAY.  THIS IS WHERE

                    THEY LIVE.  THIS IS WHERE THEY SALUTE THE FLAG.  THIS IS WHERE THEY WILL

                    SERVE.  THIS IS WHERE THEY WILL INVEST.

                                 SO, THANK YOU TO THE SPONSOR, THANK YOU TO THE

                    SPEAKER, THANK YOU TO THE FORMER SPONSOR.  THANK YOU TO EVERYBODY

                                         116



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WHO FOR YEARS HAS FOUGHT THE GOOD FIGHT TO SEE US TO THIS DAY SO THAT

                    THIS BILL, THIS DREAM BECOMES A REALITY.  I'M PROUD TO BE A NEW YORKER

                    TODAY BECAUSE IN THE WORDS OF FRANCISCO MOYA, I BELIEVE IN A NEW

                    YORK WHERE YOUR IMMIGRATION STATUS SHOULD NOT BE BARRIER TO

                    OPPORTUNITY.  THANK YOU, FRANCISCO FOR TEACHING ME THAT LINE.

                                 (LAUGHTER)

                                 I BELIEVE IN A NEW YORK THAT ALLOWED MY FATHER TO

                    HAVE THE OPPORTUNITIES, TO GIVE ME THE OPPORTUNITIES THAT I HAD.  AND I

                    BELIEVE IN A NEW YORK WHERE I HAVE A SENSE OF RESPONSIBILITY TO MAKE

                    SURE THAT EVERY OTHER GENERATION OF DREAMERS HAS THAT SAME CHANCE,

                    HAS THAT SAME OPPORTUNITY AND IS ABLE TO SAY, I AM A PROUD NEW

                    YORKER, AND I AM GRATEFUL TO THE STATE AND I AM GRATEFUL TO THOSE

                    COMMUNITIES THAT WE CAN SERVE.  AND AS THE SPEAKER SAID EARLIER TODAY,

                    WHETHER YOU WILL EVER KNOW THE PEOPLE THAT BENEFIT FROM THIS OR NOT, I

                    ASSURE THAT THEIR CONTRIBUTIONS TO OUR STATE AND OUR NATION WILL MAKE ALL

                    OF YOU PROUD.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA,

                    POINT OF PERSONAL PRIVILEGE.

                                 MS. DE LA ROSA:  MR. SPEAKER, I WANT TO JUST TAKE

                    A MOMENT, FIRST OF ALL, THANK ALL OUR COLLEAGUES ON BOTH SIDES OF THE

                    AISLE FOR THE VIBRANT DEBATE.  I'M ASKING US ALL NOW TO PLEASE PAUSE FOR A

                    MOMENT AS I HAVE THE PRIVILEGE OF INTRODUCING TO THE FLOOR THE FAMILY,

                    THE WIFE, EVELYN, HIS BOYS, HIS MOTHER, HIS EXTENDED FAMILY, HIS STAFF,

                    THOSE THAT LIVED AND LOVED OUR SENATOR, JOSÉ PERALTA, TO THE CHAMBER.

                                         117



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    PLEASE TAKE A MOMENT.

                                 (APPLAUSE)

                                 TODAY WE SAY THAT WE ARE GRATEFUL FOR HAVING JOSÉ NOT

                    ONLY SERVE IN THIS CHAMBER, BUT SERVING IN THIS GREAT STATE.  WE ALL

                    WERE TOUCHED BY HIS STRUGGLE, BY HIS FIGHT TO DEFEND IMMIGRANTS IN THIS

                    NATION AND IN OUR STATE.  WE THANK YOU FOR SHARING JOSÉ'S LIFE WITH US.

                    AND ON BEHALF OF THE ENTIRE ASSEMBLY, OUR SPEAKER AND EVERYONE HERE,

                    WE THANK YOU, WE ARE SO SORRY FOR YOUR LOSS.  BUT KNOW THAT THE DREAMS

                    OF THE DREAMERS PRESENT WILL CARRY ON THE LEGACY OF SENATOR JOSÉ

                    PERALTA.  THANK YOU FOR BEING HERE AND TODAY'S HISTORIC VOTE WILL BE A

                    TRIBUTE TO NOT ONLY THE LIFE OF JOSÉ PERALTA, BUT ALSO THE LIFE OF THE

                    DREAMERS THAT ARE HERE PRESENT.  WE DO THIS WORK FOR YOU.  WE DON'T

                    DO THIS WORK FOR US.  THE LIFE AND THE WORK OF ALL THE COLLEAGUES OF THIS

                    CHAMBER THAT HAVE STOOD TO DEFEND THIS BILL:  FRANCISCO MOYA, WHO'S

                    HERE WHO CARRIED THIS BILL; MY PREDECESSOR, GUILLERMO LINARES, WHO

                    CARRIED THIS BILL, AND ALL OF THOSE WHO SERVE IN THE STATE OF NEW YORK,

                    WE TODAY HONOR JOSÉ'S LEGACY.  WE WILL ALWAYS REMEMBER HIM.  AND

                    NEW YORK STATE DREAMERS THANK HIM.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. KIM.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. KIM:  SIX YEARS AGO WHEN I CAME TO THE

                    CHAMBER, THE FIRST PIECE OF ACTION THAT I TOOK WAS SIGN ON TO THE

                    DREAM ACT.  THE SPONSOR BACK THEN, FRANCISCO MOYA, MARCOS

                                         118



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    CRESPO, THEY EMBRACED ME, HAVING RECOGNIZED THAT THE FIRST DREAMER

                    EVER WAS ACTUALLY OF ASIAN DESCENT, TEREZA LEE, AND HOW IT WAS

                    IMPORTANT TO ALSO ENGAGE ASIAN IMMIGRANTS IN THE STRUGGLE.  AND I

                    REMEMBER FOR -- FOR YEARS, WE WOULD GO DOWNSTAIRS, HAVE PRIVATE

                    MEETINGS WITH THE EXECUTIVE.  WE WOULD GO TO 633 THIRD STREET --

                    THIRD AVENUE, WHATEVER, AND THEY WOULD TRY TO NEGOTIATE A

                    WATERED-DOWN VERSION OF THIS BILL.  AS A NEW LAWMAKER, I THOUGHT IT

                    WAS GREAT.  I WAS LIKE, OH, LET'S TAKE IT, IT'S A GOOD DEAL.  BUT IT WAS

                    FRANCISCO WHO BACK THEN SAID THAT'S NOT GOOD ENOUGH.  WE'RE NOT GOING

                    TO LET A WATERED-DOWN VERSION PASS.  WE NEED TAXPAYERS' MONEY TO BE

                    IN THE BUDGET, ALL OF IT, NOT A CENT LESS.  THERE ARE OUTSIDE GROUPS WHO

                    EVEN PUSHED THE MEMBER TO TAKE THE DEAL.  BUT HE SHOWED ME WHAT

                    REAL COURAGE WAS BACK THEN, AND WHAT DETERMINATION AND PERSISTENCE

                    WAS.

                                 SO, I WANT TO JUST TAKE A MOMENT ABOUT HOW WE GOT TO

                    THIS POINT AND THE JOURNEY AS WE ARE ABOUT TO PASS AND SIGN THIS

                    MONUMENTAL LEGISLATION FRANCISCO STARTED, MARCOS STARTED THIS JOURNEY.

                    AND NOW, JUST A FEW HOURS AGO I WAS ON THE -- I WAS JUST OUTSIDE WITH

                    CATALINA CRUZ AS SHE WAS IN TEARS TALKING ABOUT HER JOURNEY AS -- AS THE

                    FIRST DREAMER LAWMAKER IN NEW YORK, AND HOW SHE HAD TO WORK

                    TWO, THREE JOBS GOING TO COLLEGE, AND SHE'S STILL STRUGGLING WITH DEBT,

                    JUST LIKE THOUSANDS OF OTHER NEW YORKERS RIGHT NOW.

                                 AND, OF COURSE, OUR SENATOR JOSÉ PERALTA, I STILL

                    REMEMBER LIKE IT WAS YESTERDAY WHEN HE WAS IN THIS CHAMBER WITH HIS

                    DREAM ACT T-SHIRT WALKING AROUND, YOU KNOW, BEING IN THE

                                         119



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MINORITY, KNOWING THAT IT WAS AN UPHILL BATTLE, HE DIDN'T GIVE UP, HE

                    PERSISTED.  WE ALMOST GOT IT DONE BY ONE FOR TWO VOTES A COUPLE OF

                    YEARS AGO IN THE SENATE.  THAT'S PERSISTENCE.  AND THAT STORY ALSO NEEDS

                    TO BE TOLD THAT FOR YEARS DESPITE US NOT HAVING THE NUMBERS IN THE

                    SENATE, HE NEVER GAVE UP.  AND THAT'S COURAGE, THAT'S CHARACTER THAT

                    MUST BE REMEMBERED IN THIS CHAMBER.

                                 BUT, AGAIN, THIS IS NOT A COMPASSIONATE PLEA.  AS ALL

                    MY COLLEAGUES HAVE LAID OUT, THIS IS AN ECONOMIC ARGUMENT.  AND I

                    AGREE, I AGREE WITH A LOT OF THE THINGS THAT MY COLLEAGUES ON THE OTHER

                    AISLE ARE SAYING, THAT, YOU KNOW, WE GOT TO GET OUR PRIORITIES STRAIGHT.

                    BUT LET'S GET OUR PRIORITIES STRAIGHT AT THE MACRO LEVEL.  WHY ARE WE

                    FIGHTING FOR CRUMBS AT THE BOTTOM?  WHY ARE WE GIVING AWAY $6- TO $8

                    BILLION TO MEGA CORPORATIONS, MULTI-NATIONALS, EXTRACTING THE MONEY

                    OUT OF OUR STATE, AND LETTING THE GOVERNOR GIVING AWAY $3 BILLION TO

                    COMPANIES LIKE AMAZON WHILE WE'RE FIGHTING HERE FOR HOURS FOR

                    CRUMBS?  WE HAVE PLENTY OF MONEY FOR ALL STUDENTS, ALL BACKGROUNDS TO

                    BE TAKEN CARE OF.  AND -- AND THAT'S THE TRAVESTY OF THIS MOMENT RIGHT

                    NOW, THAT -- THAT WE NEED TO GET OUR PRIORITIES STRAIGHT AND WE NEED --

                    THERE'S PLENTY OF MONEY -- WE CAN FIGHT FOR AN ECONOMY OF ABUNDANCE,

                    WHERE EVERY SINGLE CHILD, REGARDLESS OF THEIR BACKGROUND, WHERE YOU

                    COME FROM, CAN GET AN EDUCATION, NOT FROM K-12, BUT K-16.  IT'S

                    DOABLE.  IT'S WHETHER WE HAVE THE POLITICAL WILL TO DO SO AND I PLAN ON

                    FIGHTING FOR THAT MOVING FORWARD IN THE SESSION.

                                 I AM JUST EXTREMELY PROUD OF THIS MOMENT.  THIS IS THE

                    FIRST BILL THAT I SIGNED ONTO AND, FINALLY, SIX YEARS LATER, WITH CARMEN

                                         120



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DE LA ROSA'S LEADERSHIP, WE'RE GETTING IT DONE.  AND THAT ALSO IN ITSELF

                    IS SOMETHING THAT SHOULD BE TOLD.  THIS IS -- THIS WASN'T ABOUT ONE

                    PERSON, ONE MAN.  IT'S ABOUT COLLECTIVE MOVEMENT, PASSING ON THE BATON

                    THE RIGHT WAY.  AND IT'S A BEAUTIFUL THING AND IT SHOULD BE CELEBRATED IN

                    GRACE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. DAVILA.

                                 MS. DAVILA:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. DAVILA:  FOR NINE YEARS, THE DREAM ACT HAS

                    BEEN A DISAPPOINTMENT TO -- TO A LOT OF US, AND I THINK ASSEMBLYMAN

                    KIM JUST SAID THAT, AS -- AS DID CRESPO AND PICHARDO.  FIRST, I WANT TO

                    THANK THE SPONSORS OF THE BILL, MOYA, THANK YOU FOR ALL THE WORK THAT

                    YOU DID, INCREDIBLE; CARMEN DE LA ROSA; OUR NEW SENATOR SEPULVEDA.

                    EVERYBODY PULLED TOGETHER TO MAKE THIS HAPPEN, BUT NINE YEARS WE

                    WERE GOING BACK AND FORTH, LIKE KIM SAID, GOING TO NUMEROUS

                    MEETINGS.  AND YEAR AFTER YEAR WE WERE TOLD IT'S NOT GOING TO HAPPEN

                    THIS YEAR.  IT'S NOT GOING TO HAPPEN THIS YEAR.  WE ALMOST STARTED

                    BELIEVING THAT.  THERE ARE OVER, I WOULD SAY NOW ABOUT 4,500 KIDS THAT

                    GRADUATE FROM HIGH SCHOOL, FROM 5 TO 10 PERCENT OF THOSE KIDS, THEY --

                    THEY'RE THE ONES THAT ARE GOING TO COLLEGE.  FIVE TO 10 PERCENT FROM

                    4,500 YOUNGSTERS.

                                 I WANT TO GIVE YOU A MORE PERSONAL TOUCH TO THIS.  I

                    HAVE MARISOL SALAZAR, SHE IS ONE OF MY EMPLOYEES.  SHE'S A

                                         121



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DREAMER.  SHE CAME TO MY OFFICE MAYBE ABOUT A YEAR AGO, AND

                    NOTHING SPEAKS VOLUMES MORE THAN THAT HUMAN TOUCH WHEN YOU START

                    UNDERSTANDING THEIR BACKGROUNDS AND THE HURT THAT THEY HAVE TO GO

                    THROUGH TO SURVIVE.  IT WASN'T -- IT WAS A NO-BRAINER PICKING HER UP AND

                    SAYING, DON'T WORRY ABOUT IT.  YOU'RE A DACA STUDENT, I'M GOING TO

                    HELP YOU, AND YOU'RE GOING TO WORK IN MY OFFICE.  AND THAT'S WHAT SHE'S

                    BEEN DOING.  SHE'S BEEN PAYING FOR HER TUITION AND WORKING EXTREMELY

                    HARD.  AND I AM PROUD TO BE ABLE TO SAY THAT I -- THAT MAYBE ALL OF YOU

                    SHOULD PICK UP A MARISOL AND HELP THEM GO GET THROUGH THEIR LIVES.

                    BUT THIS DREAM ACT TODAY SPEAKS VOLUMES ON MARISOL AND THE OTHER

                    YOUNG PEOPLE THAT ARE SITTING DOWN TODAY.

                                 TODAY IS A DAY THAT THE DREAM IS GOING TO BE A REALITY:

                    HOY ES UN DÍA QUE EL SUEÑO VA A SER REALIDAD.  AND FOR THAT, I AM

                    THANKFUL AND I AM GRATEFUL TO BE HERE TO BE ABLE TO VOTE IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MRS.  ARROYO.

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

                    OPPORTUNITY.  IN THE BILL.  WE -- I THINK THAT I HEARD SOMETHING IN THE

                    DEBATE, AND I HAVE BEEN INVOLVED ON THIS FOR SO MANY YEARS THAT

                    BOTHERS ME A LITTLE BIT.  OKAY?  BUT I AM NOT FIGHTING HERE WITH NOBODY.

                    WE CANNOT LOSE AND FORGIVE THE PURPOSES OF THIS BILL WHO A DREAMER

                    IS.  WE HAVE A DREAMER SITTING HERE IN THIS ASSEMBLY.  BUT HOW THIS

                    DREAMER CAME HERE IS SOMETHING THAT IS HISTORY, AND SHE SHOULD

                    WRITE THAT DOWN.  CONGRATULATIONS.  GOD BLESS YOU.  BECAUSE THE

                    STRUGGLE THAT THIS YOUNG GIRL HAD TO GO THROUGH TO BECOME A LAWYER, A

                                         122



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    PROFESSIONAL, IN THREE JOBS DURING THE DAY, COULD WE REALIZE SHE HAD

                    CLOTHES TO WEAR?  COULD WE REALIZE IF SHE HAD MONEY IN THE POCKET TO

                    PAY FOR FOOD?  THOSE ARE THE THINGS THAT WE HAVE TO HAVE IN OUR MIND

                    WHEN WE THINK ABOUT DREAMERS.  WE CANNOT GO AWAY FROM THE WORK.

                                 DREAMERS ARE INDIVIDUALS THAT ARE BROUGHT HERE

                    WHEN THEY HAD NO AGE TO MAKE DECISIONS BY THE PARENTS OR EVERYBODY.

                    AND THAT INDIVIDUAL THAT WAS UNDERAGE HAVE TO GROW IN A SOCIETY THAT

                    THEY KNOW IS NOT CARING.  AND THEY STRUGGLE WITH THAT THROUGH YEARS IN

                    THE SCHOOL, IN THE NEIGHBORHOOD, IN THE ENVIRONMENT WHERE THEY LIVE,

                    THESE DREAMERS, SOME OF THEM, THEIR PARENTS THAT SOMEBODY

                    MENTIONED THE WORD "ILLEGAL" HERE, YOU KNOW, SHOULD NOT BE USED THAT

                    WAY AND WITH THAT PURPOSE THAT THE PARENTS STRUGGLE TO BRING THAT CHILD

                    HERE, AND THE PARENTS WORKED TWO OR THREE JOBS TO MAINTAIN AND SUPPORT

                    THIS CHILD.  BUT LET ME TELL YOU, THE (INAUDIBLE) BEHIND THAT.  MOST OF

                    THOSE PARENTS SEND THOSE CHILDREN TO THE CATHOLIC SCHOOL, TO THE PRIVATE

                    SCHOOL WHERE THEY ARE EDUCATED.  AND NOBODY ASKED WHO THEY ARE

                    BECAUSE THEY'RE STRUGGLING AND WORKING HARD TO PAY THE BILLS.  THEN

                    HOW MANY OF US DO THAT?  YOU KNOW, SOMETIME WE HAVE A LOOK TO THE

                    MIRROR AND SAY WHO I AM.

                                 THESE ARE PART OF THESE DREAMERS THAT WHEN THEY

                    GET TO THE AGE THAT THEY HAVE A HIGH SCHOOL DIPLOMA AND THEY HAVE TO

                    APPLY FOR COLLEGE, THEY DON'T HAVE THE MONEY TO PAY THEIR TUITION.

                    THEY'RE NOT CRIMINALS.  THEY WORK DAY AND NIGHT, SOME OF THEM IN JOBS

                    THAT YOU WILL NEVER DO, IN ORDER TO OBTAIN THE MONEY THAT IS NECESSARY

                    TO PAY THE TUITION OF THE SCHOOLS.  THOSE ARE THE DREAMERS THAT WE

                                         123



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ARE SPEAKING ABOUT.  DREAMERS, YOUR LIFE IS IN THERE, UNITED STATES OF

                    AMERICA IS GOING TO RESPECT YOU BECAUSE HERE IN THE STATE OF NEW

                    YORK IN THIS DAY THAT IS MAKING HISTORY, WE ARE CHANGING HISTORY IN THE

                    STATE OF NEW YORK BECAUSE OF YOU DREAMERS.

                                 WE HAVE TO THINK AND WE HAVE TO UNDERSTAND THAT THIS

                    IS NOT A FIGHT WITH EACH OTHER.  THEY DIDN'T COME HERE TO TAKE ANYTHING

                    AWAY FROM NOBODY.  THEY CAME HERE TO HAVE A LIFE, TO BE SECURE.

                    SOME OF THEM RUN FROM COUNTRIES WHERE THEY ARE -- I -- BUT THAT IS NOT

                    THE DEBATE.  THE DEBATE IS IN THE BILL.  DREAMERS ARE THOSE

                    INDIVIDUALS THAT ARE HERE BECAUSE SOMEBODY ELSE BROUGHT THEM HERE.

                    AND THOSE ARE THE ONES THAT WE ARE OBLIGATED TO DEFEND.  I'M PUERTO

                    RICAN FORTUNATELY, I CAME HERE WITH SEVEN KIDS, SO THEY'RE AMERICAN

                    CITIZENS.  IT'S A DIFFERENT STORY.  AND THERE IS GROUPS THAT PUSH YOU

                    DOWN, DON'T ALLOW.  I THINK THAT WE HAVE AN OBLIGATION, AND WE SHOULD

                    BE PROUD TO PASS THIS BILL TODAY BECAUSE WE ARE GOING TO PROVE TO THE

                    ENTIRE UNITED STATES OF AMERICA THAT BEING A DREAMER IS SOMETHING

                    THAT IS IMPORTANT.  (SPEAKING SPANISH)

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MS. DICKENS.

                                 MS. DICKENS:  THANK YOU, MR. SPEAKER.  ON THE

                    BILL.  WILL THE ASSEMBLYMEMBER YIELD?

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. DICKENS:  TODAY WE SPEAK OF DREAMERS AS IF

                    THIS WAS SOMETHING NEW AND FOREIGN, SOMETHING TO BE ROOTED OUT.  I

                    JUST WANT TO REMIND US THAT AT THE TURN OF THE LAST CENTURY, FAMILIES

                                         124



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    IMMIGRATED FROM VARIOUS EUROPEAN COUNTRIES AND UPON ARRIVAL AT ELLIS

                    ISLAND, MANY CHANGED THEIR LAST NAMES IN ORDER TO GAIN ENTRY TO

                    AMERICA.  HENCE, ILLEGAL IMMIGRANTS.  BUT THEY CAME TO A COUNTRY THAT

                    STOOD WITH OPEN ARMS OF LADY LIBERTY, SEEKING A BETTER LIFE, QUALITY

                    EDUCATION FOR THE CHILDREN THAT THEY BROUGHT OVER WITH THEM AS ILLEGAL

                    IMMIGRANTS.

                                 SO, WE'VE GOT TO BE CAREFUL WHEN WE THROW AND BANTER

                    AROUND MONIKERS AND USE IT - WORDS - AS DETRIMENTAL TO THE HEALTH AND

                    MINDSET OF PEOPLE TODAY.  BECAUSE REALLY, THERE IS NO DIFFERENCE

                    BETWEEN THOSE WHO CAME OVER AT THE TURN OF THE LAST CENTURY AND THOSE

                    THAT ARE COMING OVER TODAY.  MY GRAND -- GREAT-GRANDFATHER AND MY

                    GREAT-GRANDMOTHER CAME TO THIS COUNTRY MOST CERTAINLY ILLEGALLY

                    BECAUSE THEY CAME ENSLAVED, FOR I AM THE GRANDDAUGHTER OF A SLAVE.

                    MY GRANDFATHER WAS A SLAVE, BORN A SLAVE.  AM I AN ILLEGAL IMMIGRANT?

                    I DON'T THINK SO.

                                 THIS COUNTRY WAS BUILT BY IMMIGRANTS OF ALL

                    NATIONALITIES.  THIS COUNTRY WAS BUILT ON THE BACKS OF PEOPLE WHO

                    SOUGHT AND DEMANDED A BETTER QUALITY OF LIFE THAN THEY KNEW BEFORE,

                    EXCEPT IN THE CASE OF SLAVES.  AND I ALSO WANT TO BE A REMINDER THAT THE

                    DREAM ACT IS NOT ONLY FOR THOSE FROM MEXICO AND COLOMBIA AND

                    DOMINICAN REPUBLIC, BUT IT'S ALSO FOR THOSE COMING FROM AFRICA, FROM

                    HAITI, FROM TRINIDAD, JAMAICA, GUYANA.  THE DREAM ACT IS FOR ALL

                    COMING TO THIS COUNTRY SEEKING A QUALITY EDUCATION, A BETTER LIFE, AND TO

                    CONTRIBUTE TO THIS COUNTRY.  THE FABRIC OF THIS COUNTRY HAS BEEN MADE

                    UP OF ALL NATIONALITIES.  WHO AMONGST US TODAY CAN STAND UP AND SAY

                                         125



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THEY ARE NOT THE DESCENDANTS OF IMMIGRANTS?  WHO?  UNLESS YOU'RE A --

                    ARE A NATIVE AMERICAN.  WHO AMONGST US CAN DO THAT?

                                 I WANT TO THANK THE SPONSOR AND THE -- AND THE PERALTA

                    FAMILY FOR STANDING UP FOR WHAT IS RIGHT AND -- AND ONLY ASKING US TO

                    PASS WHAT'S NEEDED TO BE PASSED.  I AM GOING TO VOTE YES BECAUSE IT'S

                    THE RIGHT THING TO DO.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 MS. CRUZ.

                                 MS. CRUZ:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MS.

                    CRUZ.

                                 MS. CRUZ:  TODAY WE'RE MAKING HISTORY.  MANY OF

                    US HAVE WAITED FOR THIS DAY FOR WHAT FEELS LIKE A LIFETIME.  I WANT TO

                    THANK THE SPONSOR OF THE BILL, FOR YOUR WORK GOT US HERE.  I ALSO WANT TO

                    THANK THE ORIGINAL SPONSORS OF THE BILL FOR NEVER GIVING UP ON US, EVEN

                    IN TIMES OF DARKNESS.  AND I WANT TO THANK THE COMMUNITY GROUPS AND

                    THE DREAMERS WHO ARE HERE TODAY BECAUSE YOU NEVER GAVE UP THE

                    FIGHT AND THIS VICTORY BELONGS TO YOU.  WE'RE JOINED TODAY BY MANY

                    INCREDIBLE YOUNG PEOPLE WHOSE LIVES YOU'RE ALL ABOUT TO CHANGE.  WE'RE

                    ALSO JOINED BY EVELYN PERALTA, MY CONSTITUENT, AND THE FAMILY OF THE

                    LATE JOSÉ PERALTA, WHO'S LOOKING DOWN AT US FROM HEAVEN BEAMING WITH

                    PRIDE.

                                 I MOVED TO QUEENS WITH MY SINGLE MOTHER WHEN I WAS

                    NINE YEARS OLD, ESCAPING THE VIOLENCE IN MY NATIVE COLOMBIA.  I GREW

                    UP UNDOCUMENTED.  I STRUGGLED TO GET THROUGH SCHOOL AND THROUGH

                                         126



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    COLLEGE BECAUSE RESOURCES FOR ME WERE LIMITED BY A LACK OF A PIECE OF

                    PAPER.  MY MOTHER SAVED UP AN ENTIRE YEAR SO THAT I COULD PAY FOR MY

                    FIRST SEMESTER OF COLLEGE, AND AFTER THAT I HAD TO TAKE ON SEVERAL JOBS AT

                    A TIME IN ORDER TO PAY FOR TUITION, FOR FOOD, FOR RENT AND TO HELP MY

                    FAMILY.  AND EVEN ON TOP OF THAT, I HAD TO MAINTAIN A FULL COURSE LOAD.

                    I WAS IN A FIGHT FOR SURVIVAL.  I WAS FORCED TO WORK TWICE AS HARD AS MY

                    DOCUMENTED PEERS, AND SOMETIMES IT STILL WASN'T ENOUGH.

                                 AND SO, I CAN TELL YOU THE STRUGGLE OF DREAMERS;

                    THAT IT'S NOT WITHOUT CONSEQUENCE.  WE'RE PLAGUED BY THE FEAR OF

                    SEPARATION FROM OUR FAMILIES AND DEPORTATION TO A COUNTRY WE NO

                    LONGER REMEMBER.  AND FOR MANY OF US, IT'S A PLACE WHERE WE NO LONGER

                    CALL HOME.  WE LIVE WITH THE GUILT OF HOW MUCH OUR PARENTS HAD TO GIVE

                    UP.  OUR PARENTS, THE ORIGINAL DREAMERS.  THEY SACRIFICED EVERYTHING

                    TO GET US TO THIS POINT.  AND WE OWE IT TO THEM TO SUCCEED.  THIS

                    ANGUISH THAT WE LIVE WITH EVERY DAY OFTEN RESULTS IN MENTAL HEALTH

                    ISSUES BECAUSE THE ANGER, THE FEAR AND THE SADNESS OF LIVING AS AN

                    UNDOCUMENTED AMERICAN TAKES A TOLL.

                                 BUT IT DOES NOT NEED TO BE THIS WAY.  WE CAN, TODAY,

                    HELP LIGHTEN THAT BURDEN.  WE CAN REMIND OUR UNDOCUMENTED STUDENTS

                    THAT THE MOUNTAINS THEY CARRY, THEY WERE ONLY MEANT TO CLIMB.  JUST

                    LIKE I ONCE DID.  THERE ARE STILL TENS OF THOUSANDS OF YOUNG CHILDREN AND

                    UNDOCUMENTED PEOPLE IN THE STATE OF NEW YORK LOOKING FOR AN

                    OPPORTUNITY TO SUCCEED.  WE LOVE THIS COUNTRY.  WE ARE PROUD NEW

                    YORKERS.  WE'RE AS AMERICAN AS EMPANADAS, SAMOSAS AND APPLE PIE.

                    AND WE WANT TO CONTRIBUTE AND FIGHT FOR OUR COUNTRY.  IF NOT, ASK MY

                                         127



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    FRIEND, CESAR VARGAS, THE FIRST UNDOCUMENTED ATTORNEY IN THE STATE OF

                    NEW YORK, WHO FOUGHT TIRELESSLY, TIRELESSLY FOR THE RIGHT TO PRACTICE

                    LAW.  AND HIS ONLY DREAM WAS TO SERVE IN OUR ARMED FORCES AS A

                    MILITARY LAWYER.

                                 I WANT TO SHARE THE STORY OF THREE OTHER DREAMERS

                    WHOSE LIVES WILL CHANGE WHEN THE JOSÉ PERALTA DREAM ACT IS FINALLY

                    PASSED INTO LAW.  THIS SUMMER I MET A YOUNG MAN BY THE NAME OF

                    JESUS.  HE'S HERE WITH US TODAY.  HE WAS BROUGHT HERE BY HIS MOTHER

                    FROM MEXICO WHEN HE WAS JUST A BABY.  HE WANTS TO BE A NEW YORK

                    CITY POLICE OFFICER.  HE WANTS TO SERVE AND PROTECT OUR COMMUNITY.

                    BUT HE'S A DACA RECIPIENT, SO HE'S NOT ABLE TO JOIN THE FORCE.  OR AT

                    LEAST, NOT YET.  BY DAY, JESUS ATTENDS JOHN JAY COLLEGE, WHERE I'M A

                    PROUD GRADUATE.  THEN HE WORKS A 10-HOUR SHIFT AT A MANHATTAN

                    RESTAURANT, AND THEN LATE AT NIGHT HE RETURNS HOME TO THE BRONX TO DO

                    HIS HOMEWORK, AND THEN HE GOES TO SLEEP AND WAKES UP AND DOES THE

                    SAME THING OVER AND OVER AGAIN.  THE DREAM ACT WILL HELP JESUS PAY

                    FOR COLLEGE SO THAT HE CAN FOCUS IN SCHOOL.

                                 AND THERE'S MONICA, ONE OF THE CO-FOUNDERS OF CUNY

                    DREAMERS, WHO ARRIVED WITH HER FAMILY FROM HER NATIVE ECUADOR

                    WHEN SHE WAS JUST 16 YEARS OLD.  SHE MISSED QUALIFYING FOR DACA BY

                    JUST A FEW MONTHS.  MONICA WORKS MULTIPLE JOBS SIMULTANEOUSLY TO PAY

                    FOR SCHOOL AND TO HELP HER PARENTS.  SHE'S A BRILLIANT STUDENT AND HAS

                    BEEN NOW DRIVEN OUTSIDE OF NEW YORK STATE TO LOOK FOR GRADUATE

                    SCHOOL OPPORTUNITIES BECAUSE FINANCIAL AID WAS NOT AVAILABLE FOR HER IN

                    OUR STATE.  THE DREAM ACT WOULD KEEP TALENT LIKE HERS IN OUR

                                         128



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    SCHOOLS AND IN OUR STATE.

                                 AND THEN THERE'S MEHEREEN, WHOSE FAMILY LEFT HER

                    NATIVE INDIA, FLEEING RELIGIOUS PERSECUTION WHEN SHE WAS JUST 11 YEARS

                    OLD.  SHE'S AN OUTSTANDING DACA RECIPIENT WHO IS ABLE TO GO TO LAW

                    SCHOOL BECAUSE HER BRILLIANCE AND PERSISTENCE GOT HER A SCHOLARSHIP TO

                    NEW YORK LAW SCHOOL.  SHE WAS LUCKY.  I WAS LUCKY.  BUT OUR ABILITY

                    TO SUCCEED AS IMMIGRANTS AND OUR ABILITY TO CONTRIBUTE TO THE STATE THAT

                    WE LOVE SHOULD NOT DEPEND ON LUCK.  THE JOSÉ PERALTA DREAM ACT

                    WILL OPEN THE DOOR FOR SO MANY YOUNG PEOPLE LIKE US TO FOLLOW OUR

                    FOOTSTEPS.

                                 WE HAVE WORKED TO EARN THIS, BECAUSE ACCORDING TO

                    THE FISCAL POLICY INSTITUTE, OUR UNDOCUMENTED FAMILIES ARE RESPONSIBLE

                    FOR $40 BILLION, WITH A B, DOLLARS IN NEW YORK STATE ECONOMIC OUTPUT.

                    WE MAKE UP 5 PERCENT OF OUR STATE'S LABOR FORCE.  OUR FAMILIES ALSO

                    PAY A TOTAL $1.1 BILLION IN STATE AND LOCAL TAXES.  OUR FAMILIES WORK AND

                    PAY TAXES, BUT OUR VOICES, OUR EXPERIENCE AND OUR HUMANITY IS OFTEN

                    IGNORED IN THIS POLITICAL PROCESS.  AND WE'RE NOT SEEN AS EQUALS.  OFTEN,

                    WE'RE NOT EVEN SEEN AS HUMAN BEINGS.  SO, IF WE TRULY ARE A SOCIETY, A

                    STATE THAT WANTS TO CREATE EQUALITY, THEN WE NEED TO START BY EQUALIZING

                    EDUCATIONAL OPPORTUNITIES.  BECAUSE AS JUSTICE SONIA SOTOMAYOR SAID,

                    UNTIL WE GET EQUALITY AND EDUCATION, WE WILL NOT HAVE AN EQUAL SOCIETY.

                    WE MUST UNDERSTAND THAT EDUCATION IS NOT A HANDOUT.  WHAT WE'RE

                    DOING TODAY IS CREATING -- IS BUILDING A BRIDGE TO SUCCESS.  IF WE

                    PROVIDE YOUNG UNDOCUMENTED AMERICANS WITH THE OPPORTUNITY TO

                    SUCCEED, BECAUSE THIS IS WHAT THE DREAM ACT REPRESENTS FOR US, OUR

                                         129



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    STATE WILL REAP THE BENEFITS.  WE WILL HAVE A WORKFORCE PREPARED TO

                    CONTRIBUTE TO OUR ECONOMY AND BENEFIT ALL NEW YORKERS, REGARDLESS OF

                    YOUR POLITICAL AFFILIATION.

                                 AND BEFORE I FINISH, I WANT TO SEND A MESSAGE TO THE

                    ORIGINAL DREAMERS.

                                 (SPEAKING SPANISH)

                                 AND SO, TODAY, AS THE FIRST DREAMER TO EVER BE

                    ELECTED INTO THE NEW YORK STATE LEGISLATURE, I HAVE THE PRIVILEGE AND

                    THE HONOR OF AMPLIFYING THE VOICE OF SO MANY PEOPLE AROUND OUR STATE.

                    I HAVE THE PRIVILEGE OF REPRESENTING A DISTRICT WHERE THE MAJORITY OF

                    PEOPLE WHO LIVE THERE CANNOT VOTE, AND I STILL PROUDLY REPRESENT THEM

                    EVERY DAY.  AND I AM PROUD TO VOTE TODAY IN FAVOR OF THE JOSÉ PERALTA

                    DREAM ACT.  AND I URGE MY -- MY COLLEAGUES TO DO THE SAME, AND TO

                    GIVE THOUSANDS OF YOUNG PEOPLE A CHANCE AT SUCCESS THAT THEY SO

                    RIGHTFULLY DESERVE.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. REILLY.

                                 MR. REILLY:  WILL THE SPEAKER YIELD?  I MEAN, THE

                    SPONSOR YIELD?  SORRY.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA, WILL

                    YOU YIELD?

                                 MS. DE LA ROSA:  I YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    SIR.

                                 MR. REILLY:  THANK YOU.  I JUST HAVE A -- A COUPLE

                                         130



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OF QUESTIONS.  DOES -- DOES THE BILL REQUIRE ELIGIBLE CANDIDATES TO

                    ESTABLISH RESIDENCY IN NEW YORK STATE BY A CERTAIN DATE?

                                 MS. DE LA ROSA:  NO.

                                 MR. REILLY:  NO, OKAY.  SO, IF NOT, WILL THE BILL

                    GRANT THIS PROGRAM FOR THOSE NOT YET HERE, EXPANDING THE NUMBER OF

                    STUDENTS THAT WILL BE ELIGIBLE?

                                 MS. DE LA ROSA:  SO, I THINK THE BILL IS CLEAR IN

                    THAT -- IN THE REQUIREMENTS, AND WHAT -- AND WHAT IT TAKES IN ORDER TO

                    RECEIVE THE BENEFIT.  IF YOU COME TO NEW YORK STATE AND QUALIFY - AND I

                    CAN LIST AGAIN THE REQUIREMENTS, IF YOU'D LIKE, HAVE GONE TO A -- A -- A

                    [SIC]  ACCREDITED GED PROGRAM, FOR AND -- AND PASSED AND RECEIVED

                    YOUR GED, GONE TO HIGH SCHOOL FOR TWO YEARS OR MORE, AND WITHIN THAT

                    FIVE YEARS OF RECEIVING THAT BENEFIT -- THAT DIPLOMA, THEN YOU CAN APPLY,

                    QUALIFY, AND HESC WILL DETERMINE THE FINAL ELIGIBILITY OF THOSE THAT

                    APPLY.

                                 MR. REILLY:  SO EVEN -- SO, POTENTIALLY, THOSE THAT

                    ARE UNDOCUMENTED THAT COME TO NEW YORK STATE IN THE FUTURE THAT

                    AREN'T EVEN BORN YET, CAN ACTUALLY THEN APPLY, IF THEY GO ON TO OUR

                    SCHOOLS, OF COURSE, AND THEN THEY GRADUATE WITH A GED OR A HIGH

                    SCHOOL DIPLOMA.  SO, WE'RE TALKING THAT THIS COULD EXPAND FOR DECADES.

                                 MS. DE LA ROSA:  YES.

                                 MR. REILLY:  OKAY.  SO --

                                 MS. DE LA ROSA:  WE'RE NOT -- WE'RE NOT -- YOU

                    KNOW, WE'RE NOT JUST LEGISLATING FOR THIS MOMENT THAT WE'RE PRESENT IN.

                    I SPOKE A LITTLE BIT EARLIER ABOUT THE NUMBER OF STUDENTS THAT WOULD

                                         131



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BENEFIT FROM THIS -- THIS INITIATIVE, THIS -- THIS LEGISLATION.  PRESUMABLY,

                    THAT COULD HAPPEN IN THE FUTURE.  BUT, AS LONG AS THEY MEET THE

                    REQUIREMENTS WHICH ARE LISTED IN -- IN THE BILL HERE, THEY WOULD BE ABLE

                    TO QUALIFY.

                                 MR. REILLY:  SO -- AND I RESPECT THAT WE'RE DOING IT

                    FOR THE HERE AND NOW.  BUT OUR VOTES AND OUR -- OUR ACTIONS HAVE

                    IMPACT FOR DECADES, MOVING FORWARD.  SO, DO WE HAVE A METHOD IN

                    PLACE TO EVALUATE HOW -- HOW TO PROJECT THE EXPANSION OF THE PROGRAM

                    MOVING FORWARD IN HOW MANY UNDOCUMENTED IMMIGRANTS WE HAVE

                    COMING INTO NEW YORK STATE?  SO WITHOUT HAVING -- WITHOUT HAVING

                    CLEAR DOCUMENTATION OR A METHOD OF EVALUATING THAT, WE'RE ACTUALLY

                    MAKING AN OPEN-ENDED MANDATE THAT WE'RE GOING TO PROVIDE IF THEY HIT

                    THE CRITERIA THAT'S IN THE BILL, RIGHT?  IF THEY QUALIFY.  SO -- AND WITH THE

                    AFFIDAVIT THAT THEY'RE GOING TO SIGN, WE DON'T HAVE ANY METHOD OF

                    REQUIRING THEM TO ACTUALLY FILL THAT OUT, BECAUSE IT'S NOT IN THE BILL.  AND

                    THAT WOULD GIVE US SOME POTENTIAL OF SEEING AND TRACKING THE

                    IMPLICATIONS OF THIS BILL FOR DECADES.

                                 MS. DE LA ROSA:  SO, I JUST WANT TO STATE, IT'S JUST

                    LIKE TAP, THE PROGRAM THAT EXISTS NOW.  YOU COULD BE BORN TOMORROW

                    AND APPLY FOR TAP WHEN YOU COME OF AGE AND YOU RECEIVE THAT

                    BENEFIT.  YOU KNOW, WE PROJECTED THAT THERE'S A $27 MILLION COST

                    ASSOCIATED WITH THIS -- THE IMPLEMENTATION OF THIS BILL.  AS YOU'VE HEARD

                    HERE TODAY, THE -- I BELIEVE, WE BELIEVE, THAT THE INVESTMENT THAT WE'RE

                    MAKING HERE TODAY, THE $27 MILLION, WHICH IS A VERY SMALL PERCENTAGE

                    OF THE STATE'S EDUCATION BUDGET IS GOING TO BE -- WE'RE GOING TO RECEIVE

                                         132



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THAT BENEFIT THREE TIMES OVER IN THE LIFETIME OF THESE DREAMERS.  AND

                    SO, I THINK YOU SAID SOMETHING ALONG THE LINES OF BEING -- IT BEING A, I

                    GUESS YOU SAID A MANDATE --

                                 MR. REILLY:  YEAH.

                                 MS. DE LA ROSA:  -- THAT GOES FORWARD.  I SEE IT AS

                    AN INVESTMENT THAT GOES FORWARD.  REMEMBER, WE ALREADY PAY FOR THE

                    EDUCATION OF ALL CHILDREN IN NEW YORK STATE FROM KINDERGARTEN TO 12TH

                    GRADE.  AND SO, FOR ME, I DON'T VIEW THIS AS AN EXPANSION, I VIEW THIS AS

                    GIVING ACCESS.

                                 MR. REILLY:  OKAY.  FAIR ENOUGH.  SO, FUTURE ACCESS

                    AS WELL TO THOSE THAT CURRENTLY ARE EVEN -- NOT EVEN IN THE NATION.

                                 MS. DE LA ROSA:  FUTURE ACCESS, FUTURE PROGRESS, I

                    THINK THAT THAT'S WHAT OUR GOALS HERE ARE.

                                 MR. REILLY:  OKAY.  THANK YOU.

                                 MS. DE LA ROSA:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ.  HERE HE

                    COMES.

                                 MR. ORTIZ:  I'M HERE, MR. SPEAKER.  THANK YOU VERY

                    MUCH FOR ALLOWING ME TO EXPLAIN MY VOTE --

                                 ACTING SPEAKER AUBRY:  NO, YOU'RE ON THE

                    BILL.

                                 MR. ORTIZ:  ON THE BILL, I'M SORRY, ON THE BILL.  ON

                    THE BILL.

                                 ACTING SPEAKER AUBRY:  OH WHAT.

                                 MR. ORTIZ:  I'M WORKING ON SO MANY BILLS IN THE

                                         133



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BACK THAT I FORGET THAT I WAS STILL ON THE BILL.

                                 ACTING SPEAKER AUBRY:  YES, SIR.

                                 MR. ORTIZ:  OKAY.  SO, LET ME -- FIRST OF ALL, LET ME

                    JUST THANK THE SPONSOR OF THE BILL, AND I ALSO WOULD LIKE TO THANK THE

                    SPEAKER FOR CONTINUING TO ENCOURAGE TO BRING THIS PARTICULAR PIECE OF

                    LEGISLATION TO THE FLOOR.  TODAY NOT ONLY IS A NEW DAY, BUT WE ARE

                    CELEBRATING -- SINCE A COUPLE OF WEEKS AGO, WE'VE BEEN CELEBRATING

                    BECAUSE OF THE MAKEUP AND THE CHANGE IN THE SENATE.

                                 I ALSO WOULD LIKE TO SAY, MR. SPEAKER, THAT BACK THEN

                    IN 1996, WHERE WE BEGAN TO HAVE CONVERSATION ABOUT IMMIGRATION

                    REFORM IN THIS COUNTRY MORE SERIOUSLY, IN THE YEAR 2001, THE HOUSE OF

                    REPRESENTATIVES INTRODUCED THE FIRST DREAM ACT IN NEW YORK STATE.

                    THEREFORE -- THEY COULD NOT GET IT DONE -- THEREFORE 15 STATES BEGAN TO

                    REALLY WORK ON DIFFERENT PIECES OF LEGISLATION THROUGHOUT THE COUNTRY.  I

                    WOULD LIKE TO SAY THAT DURING THOSE YEARS, I WAS PART OF SOME OF THIS BIG

                    DISCUSSION AT THE NATIONAL LEVEL TO -- WHICH PROMPT US TO SAY TODAY THAT

                    WE ARE BECOME TO BE THE NUMBER 16 STATE IN THE COUNTRY TO GIVE THE

                    DREAMERS THE OPPORTUNITY TO REALLY TO FULFILL THEIR DREAM.

                                 I'M VERY PLEASED TO STAND IN THIS HOUSE TODAY, MR.

                    SPEAKER, NOT ONLY AS A LEGISLATOR, BUT ALSO AS SOMEONE WHO HAS A

                    DAUGHTER-IN-LAW THAT CAME FROM THE DOMINICAN REPUBLIC, A

                    DAUGHTER-IN-LAW THAT CAME FROM MEXICO, A DAUGHTER-IN-LAW THAT CAME

                    FROM CHINA.  THESE PEOPLE CAME HERE WITHOUT PAPERWORK.  THESE

                    PEOPLE, THEIR FAMILY BROUGHT THEM HERE FOR DIFFERENT REASON.  AND

                    TODAY, ONE IS A TEACHER, THE OTHER ONE IS AN ATTORNEY, THE OTHER ONE IS A

                                         134



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DOCTOR.  AND BEING A DREAMER IS NOT OBSCENE.  BEING A DREAMER IS

                    BEING A HUMAN BEING, BEING SOMEBODY WHO IS A HUMANKIND.  BEING A

                    DREAMER IS AN INDIVIDUAL, A PERSON LIKE ANYONE THAT'S SITTING IN THIS

                    ROOM WHO BECAME -- WHO ARE CITIZEN OF THIS COUNTRY.  BEING A

                    DREAMER IS SOMEONE THAT REALLY WILL HAVE NOW THE OPPORTUNITY TO

                    FULFILL THEIR DREAM.

                                 AND I WILL -- I WILL SAY THIS, MR. SPEAKER, AND TO THE

                    PERALTA FAMILY, I WOULD LIKE TO SAY THAT BACK IN THE YEAR 2013, SENATOR

                    PERALTA AND MYSELF HAD A PRESS CONFERENCE CALLING ON THE DREAM ACT

                    TO BE PART OF THE NEW YORK STATE.  AND I QUOTE -- HIS QUOTE, AND I

                    QUOTE, "WE ARE NOT A PLACE THAT PUNISH CHILDREN FOR THE ACT OF THEIR

                    PARENTS.  WE ARE A PLACE THAT OFFERS A CHANCE TO SUCCEED TO ANYONE THAT

                    IS WILLING TO WORK FOR IT."  THAT WAS SENATOR PERALTA IN 2013.

                                 AND AS WE DEBATING AND EXPRESSING OURSELF ON THIS

                    BILL, I ALSO WOULD LIKE TO PRESENT A QUOTE FROM -- FROM GANDHI, AND I

                    QUOTE, "IN A GENTLE WAY YOU CAN SHAKE THE WORLD".  AND THAT IS SO TRUE,

                    BECAUSE WHAT IS HAPPENING IN WASHINGTON TODAY, THOSE ANTI-IMMIGRANT

                    SENTIMENT THAT CONTINUES TO ATTACK ANYONE THAT WAS NOT BORN IN THIS

                    COUNTRY -- AND BELIEVE IT OR NOT, I TRAVEL THROUGHOUT THE COUNTRY A LOT,

                    AND BECAUSE OF MY ACCENT THEY SAY I'M FROM ANOTHER PLANET, BUT THAT'S

                    ANOTHER STORY.  THEY DON'T -- THEY DO NOT VALUE YOU.  THEY DON'T -- THEY

                    DO NOT VALUE WHO WE ARE AS AN INDIVIDUAL.  AND BECAUSE YOU

                    SOMETIMES LOOK A LITTLE DIFFERENT, SOMETIMES YOU SPEAK A LITTLE

                    DIFFERENT, PEOPLE HAD -- PEOPLE HAD THEIR WRONG MENTALITY OF WHETHER

                    OR NOT WE CAN SUCCEED IN LIFE.

                                         135



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 I REMEMBER IN MY DAYS IN NYU FIRST COMING FROM

                    PUERTO RICO, COULDN'T SPEAK ENGLISH SO WELL, AND I STILL DON'T KNOW

                    HOW, BUT I WAS TRYING TO DO THE BEST I CAN.  BUT THOSE DAYS IN NYU,

                    PEOPLE WILL SAY, HOW IN THE HELL ARE YOU HERE IN THE DEPARTMENT OF

                    NATURAL SCIENCE?  AND I SAID, BECAUSE BY GRANDMA TOLD ME THAT I WAS

                    SMART.  AND I NEVER FORGET THAT.

                                 BUT THE BOTTOM LINE HERE IS, MR. SPEAKER, THAT WE

                    HAVE SO MANY PEOPLE THAT HAVE COME TO THIS COUNTRY, AND SINCE 19 --

                    SINCE 2013, WE CONTINUE TO DENY THEM THE OPPORTUNITY TO FULFILL THEIR

                    DREAM.  AND I'M STANDING HERE TODAY, MR. SPEAKER, TO SAY TO YOU THAT

                    THIS DAY, TODAY, IS A BIG CHANGE.  AND I HOPE THAT TOMORROW WE WILL BE

                    ABLE TO TAKE (INAUDIBLE) FOR UNDOCUMENTED AND MAKE NEW YORK STATE

                    A GLORIOUS STATE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. BICHOTTE.

                                 MS. BICHOTTE:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MADAM.

                                 MS. BICHOTTE:  MR. SPEAKER, I -- I WANT TO

                    COMMEND THE SPONSOR OF THIS BILL, MY DOMINICAN HISPANIOLA SISTER, FOR

                    BEING SUCH A STAUNCH LEADER AND A FIGHTER FOR IMMIGRATION REFORM AND

                    ALL THE IMMIGRANT POPULATION.  THANK YOU.  THANK YOU FOR YOUR HARD

                    WORK.

                                 THIS BILL WILL REMOVE THE OBSTACLES LAID FOR

                    UNDOCUMENTED STUDENTS WHO CAME HERE AS A CHILD.  THEY WILL FINALLY

                    BE ELIGIBLE FOR FINANCIAL AID, SCHOLARSHIP AND ACCESS TO COLLEGE TUITION.

                                         136



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    AND I MUST SAY, AS A HAITIAN-AMERICAN, A CHILD OF HAITIAN IMMIGRANTS,

                    I OFTEN THINK ABOUT THE MANY RELATIVES THAT CAME HERE UNDOCUMENTED

                    STRUGGLING TO BATTLE THE AFRO-FRANCO LANGUAGE AND ENGLISH, BUT HAVING

                    THE OPPORTUNITY TO GO TO PUBLIC SCHOOL.  BUT THEN AFTER GRADUATING, NOT

                    KNOWING WHAT'S THE NEXT STEP FOR THEM AND WILL THEY BE ABLE TO SURVIVE.

                                 I REPRESENT A HIGH POPULATED BLACK IMMIGRANT

                    COMMUNITY, THAT'S HAITIANS, JAMAICANS, TRINIDADIANS, GUYANESE,

                    GRENADIANS, BASIANS, ST. LUCIANS, PANAMANIANS, ARUBIANS, ANTIGUANS,

                    AND THE LIST GOES ON.  AND THESE ARE PEOPLE WHO -- WHO ARE CHILDREN,

                    WHO ARE CHILDREN WHO GREW UP HERE AND NEW YORK BECAME THEIR

                    HOME, AND WOULDN'T MAKE IT IF THEIR CHILDREN DIDN'T HAVE AN OPPORTUNITY

                    TO INTEGRATE TO THE SYSTEM.  THESE ARE CHILDREN WHO HAVE BEEN VALUABLE

                    TO OUR SOCIETY, MANY OF WHOM BECAME EVENTUALLY DOCTORS, EDUCATORS,

                    HEALTH CARE PROVIDERS.  AND AS IT WAS MENTIONED BY MY COLLEAGUE,

                    IMMIGRANTS HAVE REALLY, YOU KNOW, BEEN THE FOUNDATION OF THIS

                    COUNTRY.  AND WE'RE HERE DEBATING TURNING OUR BACKS, MARGINALIZING

                    THESE CHILDREN WHO CAME TO THIS COUNTRY NOT OF THEIR OWN DECISION.

                                 IMMIGRANTS HAVE FOUGHT IN OUR COUNTRY'S AMERICAN

                    REVOLUTION, THE WORLD WARS, VIETNAM, WE GO ON AND ON AND ON.  BUT

                    STILL, WE'RE DEBATING AND USING TERMINOLOGIES "ILLEGAL" AND "UNLAWFUL"

                    WHEN IT COMES TO OUR CHILDREN.  HAITIANS ALONE, I CAN TELL YOU, HAVE

                    PRODUCED A LARGE NUMBER OF DOCTORS IN THIS COUNTRY; DOCTORS, ENGINEERS,

                    HEALTH CARE PROVIDERS, EDUCATORS.  IMAGINE HOW MANY MORE DOCTORS

                    AND EDUCATORS WE CAN MAKE OUT OF OUR DREAMERS.  I MEAN, WE'VE

                    SEEN THE EXAMPLE.  WE HAVE A LIVING EXAMPLE OF ONE OF OUR OWN

                                         137



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ASSEMBLYPERSON WHO IS A DREAMER HERSELF.  AND NOW SHE'S SERVING,

                    A PUBLIC SERVANT SERVING THE STATE OF NEW YORK.

                                 DO YOU KNOW HOW HARD IT IS FOR AN IMMIGRANT, A BLACK

                    IMMIGRANT TO GET POLITICAL ASYLUM?  DO YOU KNOW HOW HARD IT IS FOR A

                    HAITIAN TO GET A VISA, A TRAVELING VISA IN THE UNITED STATES?  IT'S VERY

                    DIFFICULT.  BUT WHEN OUR CHILDREN DO COME IN -- WHEN OUR CHILDREN DO

                    COME INTO THE STATES, WE SHOULD NOT BE MARGINALIZING THEM.  THIS IS AN

                    OPPORTUNITY FOR US TO EXPAND ECONOMICALLY AND SOCIALLY.

                                 (HANDED WATER) THANK YOU.

                                 YES, I AGREE WE NEED TO INCREASE MORE FUNDING FOR

                    TAP.  WE NEED TO INCREASE MORE FUNDING FOR SCHOLARSHIP AWARDS AND

                    SO FORTH.  BUT AS MY COLLEAGUE SAID, WE HAVE THE MONEY.  WE CAN FUND

                    ALL CHILDREN.  WE CAN FUND ALL STUDENTS.

                                 SO, TODAY, AS WE THINK ABOUT WHAT WE DID PREVIOUSLY

                    TODAY WHEN WE MEMORIALIZED DR. MARTIN LUTHER KING, JR. DAY, WHEN

                    WE MEMORIALIZED THE HOLOCAUST REMEMBRANCE DAY, WHEN WE

                    MEMORIALIZED THE HAITI EARTHQUAKE LAST WEEK, WE'VE GOT TO THINK ABOUT

                    HOW WE'RE GOING TO VOTE TODAY.  WE'VE GOT TO VOTE IN A VERY HUMANE

                    WAY AND WITH OUR HEARTS.  TODAY IS A NEW DAY.  AND IN CREOLE WE

                    WOULD SAY (SPEAKING CREOLE).  AND WHAT DOES THAT MEAN IN SPANISH?

                    SÍ SE PUEDE.  SÍ SE PUEDE.  SÍ SE PUEDE.  YES, WE CAN.

                                 ON BEHALF OF MY DISTRICT, ON BEHALF OF ALL THE

                    DREAMERS, I STAND SO PROUD TODAY WITH ALL OF YOU IN SUPPORT OF THE

                    JOSÉ PERALTA DREAM ACT.

                                 THANK YOU, MR. SPEAKER.

                                         138



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 MS. DE LA ROSA:  YES.

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA

                    YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS. DE LA

                    ROSA.  THANK YOU FOR YOUR COMMENTS THROUGHOUT THE DAY, AND THANK

                    YOU TO ALL MY COLLEAGUES FOR THEIR COMMENTS AND THEIR PASSION ON THIS

                    ISSUE.  OF COURSE, AS YOU KNOW, WE DON'T VOTE ON JUST CONCEPTS, WE

                    ACTUALLY VOTE ON LANGUAGE.  SO, WITH YOUR PERMISSION, I WANTED TO

                    REVIEW SOME OF THE LANGUAGE.

                                 MS. DE LA ROSA:  YES, OF COURSE.

                                 MR. GOODELL:  I NOTE ON PAGE 3 THAT THIS APPLIES TO

                    AN APPLICANT THAT'S NOT A LEGAL RESIDENT.  THAT'S ON PAGE 3, LINE 46.

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  SO, IF THIS BILL PASSES, YOU NO

                    LONGER NEED TO BE A LEGAL RESIDENT OF NEW YORK STATE TO QUALIFY FOR FREE

                    TUITION OR FOR TAP; IS THAT CORRECT?

                                 MS. DE LA ROSA:  YOU DON'T HAVE TO HAVE A LAW --

                    LAWFUL IMMIGRANT STATUS IN ORDER TO APPLY FOR TAP.

                                 MR. GOODELL:  WELL, SEPARATE AND DISTINCT FROM

                    THE IMMIGRATION DEBATE, THIS BILL ELIMINATES ANY REQUIREMENT FOR

                    ANYONE TO BE A RESIDENT.  I MEAN, YOU NO LONGER HAVE TO BE A RESIDENT TO

                    QUALIFY FOR THIS FUNDING, CORRECT?

                                         139



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. DE LA ROSA:  I BELIEVE THAT THE SECTION THAT

                    YOU'RE REFERRING TO IS REFERRING TO THE UNLAWFUL RESIDENT STATUS, CORRECT,

                    BECAUSE YOU STILL HAVE TO MEET THE ELIGIBILITY REQUIREMENTS SET FORTH.

                    SO, YOU DON'T HAVE TO BE A RESIDENT, BUT YOU HAVE TO MEET THE ELIGIBILITY

                    REQUIREMENTS IN THE BILL.

                                 MR. GOODELL:  RIGHT.  SO, THE FIRST THING WE DO IS

                    WE START --

                                 MS. DE LA ROSA:  IT'S -- IT'S THE SAME -- SORRY TO

                    INTERRUPT.  IT'S THE SAME REQUIREMENTS THAT WE HAVE FOR IN-STATE TUITION,

                    WHICH WE'VE HAD IN THE STATE FOR --

                                 MR. GOODELL:  WELL, IN-STATE TUITION IS THE THIRD

                    CATEGORY.  WE START OUT WITH THREE DIFFERENT CATEGORIES, THE THIRD IS

                    IN-STATE TUITION, I UNDERSTAND THAT.  I'M FOCUSING JUST ON THE FIRST

                    CATEGORY THAT SAYS, THIS FUNDING IS AVAILABLE TO "AN APPLICANT WHO IS NOT

                    A LEGAL RESIDENT OF THE STATE".  ARE YOU AWARE OF ANY OTHER NEW YORK

                    STATE TAX-FUNDED PROGRAMS THAT PROVIDE BENEFITS FOR PEOPLE WHO ARE

                    NOT A RESIDENT OF NEW YORK STATE?

                                 MS. DE LA ROSA:  RESIDENT TUITION FOR SUNY AND

                    CUNY HAVE THE SAME -- HAS THE SAME LANGUAGE.  RESIDENT TUITION FOR

                    SUNY AND CUNY.

                                 MR. GOODELL:  RIGHT.  MY QUESTION IS, DO YOU --

                    ARE YOU AWARE OF ANY OTHER STATE PROGRAM IN NEW YORK WHERE THE

                    NEW YORK TAXPAYERS PAY ASSISTANCE TO PEOPLE WHO ARE NOT NEW YORK

                    STATE RESIDENTS?

                                 MS. DE LA ROSA:  NO.

                                         140



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. GOODELL:  AND SO, UNDER THIS BILL, YOU COULD

                    BE A RESIDENT OF A DIFFERENT STATE, REGISTERED TO VOTE IN A DIFFERENT STATE,

                    DRIVER'S LICENSE IN A DIFFERENT STATE, OWN A HOUSE IN A DIFFERENT STATE,

                    RECEIVE ALL YOUR MAIL IN A DIFFERENT STATE, HAVE YOUR PERMANENT

                    RESIDENCE IN A DIFFERENT STATE AND STILL QUALIFY FOR FUNDING UNDER THIS

                    BILL, CORRECT?

                                 MS. DE LA ROSA:  IF YOU -- AGAIN, IF YOU COME TO --

                    IF YOU ARE LIVING IN NEW YORK AND ARE ABLE TO PROVE THAT YOU'VE BEEN --

                    RECEIVED A HIGH SCHOOL -- A HIGH SCHOOL DIPLOMA OR A GED, 30 DAYS IN

                    ORDER TO RECEIVE THE GED, THEN YOU CAN APPLY FOR THIS BENEFIT AND

                    RECEIVE IT.

                                 MR. GOODELL:  SO, YOU CAN KEEP ALL YOUR FOREIGN

                    RESIDENCES AS LONG AS YOU GRADUATE FROM A NEW YORK HIGH SCHOOL

                    WITHIN FIVE YEARS.

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  AND THAT MEANS YOUR PARENTS, OF

                    COURSE, COULD STAY RESIDENTS OF SOME OTHER STATE AND PAY INCOME TAXES

                    TO SOME OTHER STATE AND CONTRIBUTE TO THE BENEFIT OF SOME OTHER STATE

                    AND CONTRIBUTE TO THE ECONOMY OF SOME OTHER STATE, AND THE NEW YORK

                    TAXPAYERS WOULD FOOT THE BILL, CORRECT?

                                 MS. DE LA ROSA:  WELL, THAT IS CORRECT, BUT I JUST

                    WANT TO REITERATE:  WE'RE TALKING ABOUT BEING ELIGIBLE FOR A BENEFIT, AND

                    THE STUDENTS THAT WE'RE TAKING ABOUT THAT WILL BENEFIT FROM THESE BILLS

                    ARE THE STUDENTS WHOSE STORIES YOU'VE HEARD HERE TODAY.

                                 MR. GOODELL:  NOW --

                                         141



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. DE LA ROSA:  THEY'RE THE STUDENTS WHO HAVE

                    LIVED IN THIS STATE, AND FOR SOME REASON OR ANOTHER, I DON'T KNOW IF

                    YOU'VE EVER MOVED OUT OF NEW YORK STATE FOR ANY REASON, BUT

                    ESPECIALLY WHERE YOU'RE DISPROPORTIONATELY AFFECTED BY BEING AN

                    UNDOCUMENTED IMMIGRANT IN THIS COUNTRY, IN THIS STATE --

                                 MR. GOODELL:  BUT I'M NOT EVEN TALKING ABOUT --

                                 MS. DE LA ROSA:  -- WHO HAVE MOVED OUT -- -

                                 MR. GOODELL:  JUST SO WE'RE CLEAR --

                                 MS. DE LA ROSA:  -- AND YOU COME BACK AND YOU'RE

                    STILL CONSIDERED AN IMMIGRANT.

                                 MR. GOODELL:  JUST SO WE'RE CLEAR, I'M NOT TALKING

                    ABOUT UNDOCUMENTED IMMIGRANTS --

                                 MS. DE LA ROSA:  MM-HMM.

                                 MR. GOODELL:  -- I'M TALKING ABOUT U.S. CITIZENS.

                    U.S. CITIZENS --

                                 MS. DE LA ROSA:  FOR EXAMPLE, IF YOU'RE A U.S.

                    CITIZEN --

                                 MR. GOODELL:  LET ME -- I -- I APOLOGIZE.  LET ME

                    FINISH --

                                 MS. DE LA ROSA:  GO AHEAD.

                                 MR. GOODELL: -- THIS QUESTION.  SO, I'M TALKING

                    ABOUT U.S. CITIZENS WHO GRADUATED FROM A NEW YORK HIGH SCHOOL

                    ALMOST FIVE YEARS AGO, WHOSE PARENTS NO LONGER LIVE IN NEW YORK, WHO

                    DON'T LIVE THEMSELVES IN NEW YORK --

                                 MS. DE LA ROSA:  MM-HMM.

                                         142



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. GOODELL:  -- WHO AREN'T REGISTERED IN NEW

                    YORK, THEY HAVE ABSOLUTELY NO LEGAL CONNECTION TO NEW YORK OTHER

                    THAN THEY GRADUATED HERE FIVE YEARS AGO.  UNDER THIS LANGUAGE - I THINK

                    YOU HAD ALREADY ANSWERED THIS, THEY ARE ELIGIBLE.  MY QUESTION IS, WE

                    BROUGHT THIS ISSUE UP TIME AND TIME AGAIN, YEAR AFTER YEAR.  WHY DON'T

                    WE AT LEAST REQUIRE THE INDIVIDUALS WHO ARE APPLYING FOR THIS TO BE

                    RESIDENTS OF NEW YORK?

                                 MS. DE LA ROSA:  SO, FIRST OF ALL, I WANT TO SAY THAT

                    UNDER TAP, THE CURRENT TAP PROGRAM, IF YOUR PARENTS MOVE

                    OUT-OF-STATE YOU CAN STILL APPLY FOR TAP.  SO THAT IS UNDER THE CURRENT

                    TAP PROGRAM THAT EXISTS.  THE FEDERAL GOVERNMENT PROHIBITS --

                    PROHIBITS --

                                 MR. GOODELL:  WELL, ACTUALLY, THE CURRENT TAP

                    PROGRAM REQUIRES YOU TO BE A RESIDENT OF NEW YORK STATE.

                                 MS. DE LA ROSA:  REPEAT THAT, SORRY.

                                 MR. GOODELL:  THE CURRENT TAP PROGRAM REQUIRES

                    THE STUDENT TO BE A RESIDENT OF NEW YORK STATE.  THAT IS WHAT'S BEING

                    REMOVED FROM THIS BILL.  THAT'S WHY WE KEEP ASKING WHY SHOULDN'T THE

                    STUDENT AT LEAST BE A RESIDENT OF NEW YORK STATE IN ORDER TO QUALIFY FOR

                    NEW YORK STATE-FUNDED, TAXPAYER-FUNDED FINANCIAL ASSISTANCE?  WHY

                    DON'T WE REQUIRE THE STUDENT TO BE A RESIDENT OF OUR STATE?

                                 MS. DE LA ROSA:  SO, WHAT WE'RE SAYING IN THIS BILL

                    IS THAT IF YOU, FOR EXAMPLE, COME TO NEW YORK, YOU LIVE HERE, BY THE

                    TIME YOU GET A GED EQUIVALENCY OR ARE ABLE TO GRADUATE FROM HIGH

                    SCHOOL, SOME TIME WILL LAPSE.  ARE WE THEN SAYING THAT IF YOU MOVE

                                         143



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    INTO THE STATE, ANYONE CAN MOVE INTO THE STATE, A U.S. CITIZEN CAN MOVE

                    INTO THE STATE.  ONCE THEY MOVE INTO THE STATE, THEY ARE A NEW YORKER

                    AND, THEREFORE, THEY ARE, UNDER THIS LAW, WILL HAVE ACCESS TO TAP --

                                 MR. GOODELL:  OKAY.

                                 MS. DE LA ROSA:  -- AND FINANCIAL AID.

                                 MR. GOODELL:  THE AMOUNT OF THE TAP THAT WE

                    GIVE IS BASED ON THE PARENTS' REPORTED INCOME, CORRECT?

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  AND UNDER FEDERAL LAW, IF YOU'RE

                    NOT HERE LAWFULLY, YOU'RE NOT ALLOWED TO WORK, CORRECT?

                                 MS. DE LA ROSA:  THEY DO WORK.  THAT IS CORRECT --

                                 MR. GOODELL:  BUT THEY'RE NOT A -- BUT UNDER

                    FEDERAL LAW, YOU'RE NOT LEGALLY ALLOWED TO WORK, CORRECT?

                                 MS. DE LA ROSA:  YES.  YOU ARE NOT LEGALLY

                    ALLOWED TO WORK, BUT THEY DO WORK.  AND WE KNOW THAT THEY WORK.

                                 MR. GOODELL:  AND, LIKEWISE, IT'S ILLEGAL FOR AN

                    EMPLOYER TO HIRE YOU IF YOU'RE NOT HERE LEGALLY, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  AND IF YOU'RE NOT HERE LEGALLY, THEN

                    YOU CANNOT GET A SOCIAL SECURITY NUMBER, CORRECT?

                                 MS. DE LA ROSA:  CORRECT.

                                 MR. GOODELL:  AND SO, IS IT FAIR TO SAY THAT THOSE

                    WHO ARE HERE THAT ARE NOT HERE LEGALLY, WHO ARE NOT WORKING FOR AN

                    EMPLOYER LEGALLY, WHO HAVE NO SOCIAL SECURITY NUMBER, IS IT CORRECT TO

                    SAY THEY'RE NOT FILING NEW YORK STATE INCOME TAXES?

                                         144



                    NYS ASSEMBLY                                                JANUARY 23, 2019

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

                    PREMISES OF THIS BILL, WE ARE TALKING ABOUT STUDENTS WHO ARE COMING

                    INTO THIS STATE, THEY ARE WORKING.  YOU'VE HEARD THE STORIES HERE.

                    THEY'RE WORKING TWO --

                                 MR. GOODELL:  SO, YOU'RE SAYING THEY'RE WORKING

                    ILLEGALLY.

                                 MS. DE LA ROSA:  -- THREE JOBS.  THEY ARE WORKING

                    WITHOUT A LAWFUL IMMIGRANT STATUS.  BUT THEY ARE WORKING AND THEY ARE

                    PAYING TAXES.

                                 MR. GOODELL:  SO, MY QUESTION AGAIN, ARE THEY

                    PAYING NEW YORK STATE INCOME TAXES?

                                 MS. DE LA ROSA:  THEY ARE.  THEY ARE.  THEY ARE

                    PAYING INCOME TAXES.

                                 MR. GOODELL:  AND WHAT SOCIAL SECURITY NUMBER

                    ARE THEY USING FOR THEIR NEW YORK STATE INCOME TAX?

                                 MS. DE LA ROSA:  THEY CAN USE THEIR TAX ID

                    NUMBERS IN ORDER TO --

                                 MR. GOODELL:  YOU CAN ONLY GET A TAX ID NUMBER

                    IF YOU'RE A FOREIGN RESIDENT WITH NEW YORK OR U.S. INCOME.  YOU CAN'T

                    GET A -- A TAX ID NUMBER IS JUST NOT AVAILABLE FOR EVERYBODY, CORRECT?

                                 MS. DE LA ROSA:  THE IRS DOES ALLOW YOU TO GET

                    AN ITIN NUMBER.

                                 MR. GOODELL:  AND CAN YOU USE THE TAXPAYER

                    IDENTIFICATION NUMBER LAWFULLY TO REPORT EARNINGS --

                                 MS. DE LA ROSA:  YES.

                                         145



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. GOODELL: -- IN THE UNITED STATES FOR AN

                    EMPLOYER THAT'S NOT ALLOWED TO HIRE YOU FOR A JOB YOU'RE NOT ALLOWED TO

                    TAKE LEGALLY?

                                 MS. DE LA ROSA:  THAT HAPPENS EVERY SINGLE DAY.

                    YOU CAN --

                                 MR. GOODELL:  HOW MANY --

                                 MS. DE LA ROSA:  -- CAN REPORT --

                                 MR. GOODELL:  HOW MANY INDIVIDUALS IN NEW

                    YORK, DO YOU HAVE ANY IDEA HOW MANY PEOPLE FILE AN INCOME TAX IN

                    NEW YORK USING A TAXPAYER IDENTIFICATION NUMBER?

                                 MS. DE LA ROSA:  WE DON'T -- I DON'T HAVE THE

                    EXACT NUMBER OF HOW MANY.  BUT, AS YOU'VE HEARD HERE TODAY AND IT HAS

                    BEEN REITERATED FROM THE COLLEAGUES THAT HAVE SPOKEN, WE KNOW THAT

                    THEY CONTRIBUTE ABOUT $1.1 BILLION TO THE STATE.  AND SO --

                                 MR. GOODELL:  WELL, THAT'S $1.1 BILLION IN STATE

                    AND LOCAL TAXES.  AND IF I HEARD CORRECTLY, WHAT WE'RE TALKING ABOUT IS

                    SALES TAX, PROPERTY TAX, RIGHT?  OTHER TAXES THAT HAVE --

                                 MS. DE LA ROSA:  AND INCOME TAX.

                                 MR. GOODELL:  THAT WAS NOT IN THE LIST.

                                 MS. DE LA ROSA:  AND INCOME TAX.  THEY PAY

                    INCOME TAX WITH THEIR TAXPAYER IDS.

                                 MR. GOODELL:  OKAY.  WELL, THAT WOULD BE NEWS TO

                    ME, BY THE WAY, BECAUSE IF YOU'RE NOT ALLOWED TO WORK IN NEW YORK

                    UNDER FEDERAL LAW, IF YOU'RE NOT ALLOWED TO BE HIRED UNDER FEDERAL LAW,

                    WHO IS, THEN, HIRING THEM?

                                         146



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MS. DE LA ROSA:  WELL, WE KNOW THAT 50 TO 75

                    PERCENT OF IMMIGRANTS WITHOUT UNLAWFUL STATUS PAY INCOME TAX IN NEW

                    YORK STATE.

                                 MR. GOODELL:  OKAY.  NOW, YOU ALSO TALK ABOUT

                    THOSE WHO ARE HERE WITHOUT LAWFUL IMMIGRATION STATUS, CORRECT?

                                 MS. DE LA ROSA:  CAN YOU REPEAT THAT?  I'M SORRY.

                                 MR. GOODELL:  WE ALSO TALK ABOUT THOSE WHO ARE

                    HERE WITHOUT LAWFUL IMMIGRATION --

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  -- STATUS.  THAT'S THE THIRD CATEGORY.

                    AND WE TALK ABOUT THOSE WHO ARE HERE IN A LAWFUL NON-IMMIGRANT

                    STATUS, CORRECT?

                                 MS. DE LA ROSA:  MM-HMM.

                                 MR. GOODELL:  NON-IMMIGRANT STATUS WOULD BE

                    LIKE A STUDENT VISA?

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  AND, OF COURSE, IF YOU COME IN ON

                    A STUDENT VISA, I THINK MY COLLEAGUE MENTIONED THAT AS LONG AS YOU TAKE

                    THE NEW YORK STATE GED AND YOU'RE ELIGIBLE TO TAKE IT, YOU GET FREE

                    TAP.

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  AND THEN, IT PRESUMABLY WOULD

                    ALSO BE BASED THE AMOUNT OF YOUR PARENTS' REPORTED INCOME?

                                 MS. DE LA ROSA:  YES.

                                 MR. GOODELL:  AND HOW WOULD NEW YORK STATE

                                         147



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    KNOW WHAT YOUR INCOME FROM YOUR PARENTS WOULD BE IF THEY LIVE IN

                    FRANCE OR CANADA OR SOME OTHER FOREIGN COUNTRY?

                                 MS. DE LA ROSA:  SO, THE BILL DOESN'T SPEAK TO THAT

                    PART.  WHAT WE ARE --

                                 MR. GOODELL:  AND, IN FACT --

                                 MS. DE LA ROSA:  -- COUNTING -- SORRY --

                                 MR. GOODELL:  -- IN FACT, THEY MIGHT NOT BE PAYING

                    ANY INCOME TAX IN NEW YORK BECAUSE THEY DON'T EVEN LIVE IN NEW

                    YORK.  THIS IS NOT LIMITED TO STUDENTS WHOSE PARENTS LIVE IN NEW YORK,

                    CORRECT?

                                 MS. DE LA ROSA:  CORRECT.  BUT LET ME JUST SAY THAT

                    HESC, THE AGENCY THAT WE'VE TASKED WITH ALREADY BEING -- REGULATING

                    HOW TAP AND HOW OTHER FINANCIAL AID IN OUR STATE HAPPENS, IS GOING TO

                    BE TASKED WITH THAT DUTY, TO MAKE SURE THAT THE PEOPLE WHO ARE

                    RECEIVING THE BENEFIT ARE IN COMPLIANCE, THAT THE DOCUMENTS ARE

                    SUBMITTED AND THEY WILL CONTINUE TO DO THAT UNDER THIS BILL.

                                 MR. GOODELL:  NOW, THIS BILL REQUIRES THAT IF

                    YOU'RE HERE WITHOUT A LAWFUL LEGAL STATUS THAT YOU FILE AN AFFIDAVIT

                    SAYING YOU'LL APPLY FOR LAWFUL LEGAL STATUS IN THE FUTURE IF IT BECOMES

                    AVAILABLE, CORRECT?

                                 MS. DE LA ROSA:  YES, CORRECT.

                                 MR. GOODELL:  IS THERE ANY METHOD TO ENSURE THAT

                    THAT IS ACTUALLY COMPLIED WITH?

                                 MS. DE LA ROSA:  THERE IS -- - THIS BILL DOES NOT

                    SPEAK TO A METHOD FOR ENFORCEMENT OF THAT.

                                         148



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. GOODELL:  AND IF AN INDIVIDUAL JUST FLAT OUT

                    REFUSES, IS THERE ANY OBLIGATION TO REIMBURSE THE TAXPAYERS FOR THE

                    FUNDS THAT WERE ADVANCED ON THEIR BEHALF?

                                 MS. DE LA ROSA:  NO, NOT UNDER THIS BILL.

                                 MR. GOODELL:  AND IF THEY GRADUATE FROM COLLEGE

                    WITH A DEGREE, AS YOU KNOW, MANY OF OUR IMMIGRATION PROGRAMS ARE

                    DESIGNED NOT ONLY TO HELP US, BUT HELP FOREIGN COUNTRIES.  THERE'S NO

                    OBLIGATION THEY USE THEIR ADVANCED DEGREE TO HELP THEIR ORIGINAL HOME

                    COUNTRY, RIGHT?  THEY CAN STAY HERE?

                                 MS. DE LA ROSA:  WELL, NOT UNDER THE TAP

                    VERSION, BUT THE SECTION -- THE -- THE SECTION THAT EXTENDS THE EXCELSIOR

                    BENEFIT DOES HAVE A REQUIREMENT TO LIVE AND WORK IN THE STATE OF NEW

                    YORK WHILE -- FOR THE SAME AMOUNT OF TIME AS THE BENEFIT YOU RECEIVED.

                                 MR. GOODELL:  VERY GOOD.  THANK YOU VERY MUCH,

                    I SURE APPRECIATE YOUR COMMENTS.

                                 MS. DE LA ROSA:  THANK YOU.

                                 MR. GOODELL:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I KNOW THAT MANY OF MY COLLEAGUES

                    AND, CERTAINLY, MANY PEOPLE IN THIS ROOM AND IN OUR STATE ARE VERY

                    SYMPATHETIC AND WANT TO HELP OUT STUDENTS WHO CAME HERE, PARTICULARLY

                    YOUNG CHILDREN THAT CAME HERE WITHOUT -- WITH THEIR PARENTS, REALLY

                    WITHOUT THEIR OWN VOLITION.  BUT I HOPE AND TRUST THAT ALL OF US HERE ARE

                    ALSO SENSITIVE TO THE NEEDS OF OUR TAXPAYERS.  AND ONE OF THE HARD

                                         149



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    REALITIES THAT WE WRESTLE WITH IN NEW YORK STATE IS THAT OUR TAXES ARE

                    THE HIGHEST IN THE NATION, AND OUR PROPERTY TAXES ARE AMONGST THE

                    HIGHEST IN THE NATION, AND OUR OUT-MIGRATION IS AMONGST THE HIGHEST IN

                    THE NATION.

                                 AND WHILE I REALLY DO SINCERELY APPRECIATE THE

                    GENEROSITY OF MY COLLEAGUES, I'M NOT AWARE OF ANY OTHER STATE IN THE

                    NATION THAT PROVIDES FREE COLLEGE TUITION FOR STUDENTS WHO ARE NOT

                    RESIDENTS OF THE STATE, HAVEN'T BEEN A RESIDENT FOR NEARLY FIVE YEARS,

                    WHOSE PARENTS AREN'T RESIDENTS OF THE STATE, WHOSE PARENTS AND

                    THEMSELVES ARE NOT PAYING ANYTHING IN STATE INCOME TAXES.  THAT'S VERY

                    GENEROUS OF THE STATE OF NEW YORK AND ALL OF ITS TAXPAYERS TO EXTEND

                    FREE COLLEGE TUITION TO NON-RESIDENTS.  BUT THAT'S WHAT THE LANGUAGE OF

                    THIS BILL DOES.  WE DON'T JUST VOTE ON CONCEPTS, WE VOTE ON LANGUAGE

                    AND AS YOU JUST HEARD, THAT IS EXACTLY WHAT THIS LANGUAGE DOES.

                                 BUT IT TAKES IT A NEXT STEP FURTHER.  TAP AWARDS ARE

                    BASED ON YOUR PARENTS' REPORTED INCOME, YOUR INCOME AND YOUR PARENTS'

                    REPORTED INCOME.  SO, IF YOU'RE A NEW YORK TAXPAYER, AND YOU'RE

                    MAKING DECENT MONEY, AS YOUR INCOME GOES UP, THE TAP AWARD FOR

                    YOUR CHILD GOES DOWN.  BUT IF YOU'RE IN NEW YORK AND YOU'RE NOT

                    REPORTING YOUR INCOME TAX BECAUSE YOU'RE NOT ALLOWED TO WORK UNDER

                    FEDERAL LAW, AND NO ONE'S ALLOWED TO HIRE YOU UNDER FEDERAL LAW, AND

                    YOU'RE NOT REPORTING YOUR INCOME, THINK ABOUT THIS:  THE TAP

                    ELIGIBILITY GOES UP.  SO WE SAY IF YOU ENGAGE IN A TAX FRAUD AND YOU

                    WORK HERE WITHOUT AUTHORIZATION, ILLEGALLY, IN VIOLATION OF FEDERAL LAW,

                    THEN WE WILL GIVE YOUR CHILD THE MAXIMUM TUITION ASSISTANCE PAID FOR

                                         150



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    BY ALL THOSE PARENTS WHO ARE LAWFULLY REPORTING THEIR INCOME, AND

                    WHOSE CHILDREN THEN GET LOWER TAP AWARDS.

                                 WE NEED TO LOOK AT THE FINANCIAL RAMIFICATIONS, LOOK AT

                    THE LANGUAGE, THESE ARE NOT NEW ISSUES, WE'VE BEEN BRINGING THEM UP

                    YEAR AFTER YEAR, AND BRING OUR LANGUAGE IN LINE WITH OUR INTENT SO THE

                    TAXPAYERS ARE TREATED FAIRLY, AS WELL AS TREATING FAIRLY ALL THE STUDENTS IN

                    OUR STATE.

                                 THANK YOU VERY MUCH, MR. SPEAKER.

                                 AND, AGAIN, THANK YOU, MS. DE LA ROSA AND MY

                    COLLEAGUES FOR THEIR COMMENTS.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    FOR AN ANNOUNCEMENT.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  VERY BRIEFLY, I WANT TO COMMEND MY COLLEAGUES AND OUR

                    GUESTS THAT ARE IN THE CHAMBERS TODAY, FOR THEIR PATIENCE.  BUT, THIS IS A

                    VERY IMPORTANT, A VERY IMPORTANT TOPIC.  THE CONVERSATION HAS BEEN

                    LONG.  WE DO HAVE AT LEAST ANOTHER EIGHT SPEAKERS, I WANT TO SAY.  SO I

                    -- I WOULD JUST ENCOURAGE FOLKS TO BE CONSIDERATE OF THE FOLKS WHO HAVE

                    BEEN HERE ALL DAY, INCLUDING MR. PERALTA'S FAMILY.  AND IF YOU CAN

                    MAKE YOUR COMMENTS ON THE ISSUE AS CONCISE AS POSSIBLE.  AND I WANT

                    TO THANK YOU IN ADVANCE FOR CONSIDERING THAT REQUEST.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    PEOPLES-STOKES.

                                 MR. RODRIGUEZ.

                                         151



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RODRIGUEZ:  THANK YOU, MR. SPEAKER.  ON

                    THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. RODRIGUEZ:  AS I LISTEN TO THE DEBATE, THE --

                    THE QUOTE THAT CONTINUES TO RING IN MY EARS IS, IS LANGSTON HUGHES, "A

                    DREAM DEFERRED IS A DREAM DENIED".  AND WHAT WE HAVE DONE SINCE WE

                    INTRODUCED THIS BILL OVER THE NINE YEARS THAT I'VE BEEN IN THE LEGISLATURE

                    IS, WE'VE DENIED DREAMS TO 20,000 FOLKS WHO LIVE IN NEW YORK, 20,000

                    YOUNG PEOPLE WHO ARE ASPIRING TO ACHIEVE HIGHER EDUCATION AND COULD

                    BE CONTRIBUTING TO OUR ECONOMY.  AND I THINK WHAT'S IMPORTANT IS THAT,

                    YOU KNOW, IF YOU -- IF THE MORAL ARGUMENT OF WHY WE SHOULD SUPPORT

                    THESE YOUNG PEOPLE, YOU KNOW, DOESN'T HIT HOME, YOU SHOULDN'T LEAVE

                    THIS ROOM WITH ANY FALLACY ABOUT THE ECONOMIC REASONS ABOUT WHY WE

                    SHOULD BE SUPPORTING THESE YOUNG PEOPLE.

                                 SO, WE'VE ALREADY HEARD THAT $40 BILLION IS THE

                    ECONOMIC OUTPUT THAT UNDOCUMENTED IMMIGRANTS CONTRIBUTE TO NEW

                    YORK STATE, THE $1.1 BILLION IN TAX REVENUE THAT WE GAIN ANNUALLY AS A

                    RESULT OF THEIR CONTRIBUTIONS.  WE'VE ALREADY HEARD THAT THIS PROGRAM

                    ONLY COSTS $27 MILLION.  BUT LET'S LOOK BACKWARDS FOR A SECOND.  LET'S

                    LOOK AT THE 20,000 DREAMERS WHO HAVE BEEN DENIED THE OPPORTUNITY

                    FOR HIGHER EDUCATION.  THE STUDIES SAY IF THEY ACHIEVE A BACHELOR'S

                    DEGREE, THEY PAY $60,000 MORE IN INCOME -- IN TAXES OVER THE COURSE OF

                    THEIR LIFE.  SO, THAT'S ROUGHLY $800 MILLION, VERSUS WHAT THE TAP AWARD

                    WOULD HAVE BEEN; $40,000 TIMES 20,000 STUDENTS.  THAT'S WHAT WE

                    GAVE UP IN TERMS OF POTENTIAL REVENUE BY DENYING AND DEFERRING THESE

                                         152



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    DREAMS.

                                 SO, NOT ONLY DOES IT PAY FOR ITSELF, THIS IS AN

                    INVESTMENT IN THE FUTURE.  THESE ARE PEOPLE WHO ARE ALREADY PAYING

                    TAXES, THAT ARE -- THAT ARE ASKING FOR EQUALITY IN THE WAY THAT WE TREAT

                    THEIR YOUNG PEOPLE AND WE ALLOW ACCESS FOR HIGHER EDUCATION.  SO,

                    THERE SHOULD NOT BE THIS CONCEPTION THAT WE ARE TAKING ONE THING AWAY

                    FROM ONE GROUP TO GIVE IT TO ANOTHER.  THERE'S CLEARLY CONTRIBUTIONS

                    COMING IN AND A MINIMAL CONTRIBUTION COMING OUT.  BUT WHAT WE, AS A

                    NEW YORK STATE, WILL GET IN RETURN IN TERMS OF ECONOMIC OUTPUT, IN

                    TERMS OF WHAT WE'RE TALKING ABOUT IN TERMS OF FUTURE TAX DOLLARS, FAR

                    OUTWEIGHS THE $27 MILLION THAT WE'RE TALKING ABOUT, THE 2 PERCENT OF

                    TAP BUDGET THAT WE'RE CURRENTLY LOOKING AT EXPENDING IN THIS BUDGET.

                                 AND THERE IS NO DOUBT IN MY MIND, YOU KNOW, THAT WE

                    WILL CONTINUE TO INCREASE ACCESS TO HIGHER EDUCATION.  BUT I THINK ONE

                    OF THE -- THE -- THE WORST ARGUMENTS I'VE HEARD HERE TODAY IS THAT WE

                    DON'T WANT TO ALLOW TAP FOR MORE PEOPLE BECAUSE OF THE STUDENT LOAN

                    CRISIS THAT MIGHT EXIST, WE MIGHT BE EXPOSING THEM TO THAT AT THE SAME

                    TIME.  I THINK IF NOTHING ELSE, YOU HAVE HEARD THAT THAT INVESTMENT

                    EQUALS AT LEAST $60,000 IN TAX REVENUES, AND NO QUESTION ABOUT HIGHER

                    EARNINGS IN THE FUTURE.

                                 SO, WHEN WE ALL LOOK AT THE STUDENT LOANS THAT WE

                    HAVE TAKEN OUT AND CONTINUE TO PAY, NONE OF US GO BACK AND SAYS, MAN,

                    I SHOULDN'T HAVE GOT THAT GRADUATE DEGREE.  OR, OH, I SHOULDN'T HAVE

                    GONE TO COLLEGE.  NO, IT'S AN INVESTMENT IN OURSELVES THAT HAS CLEARLY

                    BROUGHT US TO THIS PLACE, THAT HAS CLEARLY BROUGHT US TO THE PLACE WHERE

                                         153



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WE CAN PROVIDE FOR OUR FAMILIES, AND THE DREAMERS ARE ASKING FOR

                    THAT SAME OPPORTUNITY.

                                 SO, FOR THAT REASON, AS WELL AS THE MORAL REASONS, AS

                    WELL AS, YOU KNOW, THE -- THE OBVIOUS REASON THAT -- I REPRESENT

                    DREAMERS, I REPRESENT PEOPLE IN OUR COMMUNITY, AND -- AND WHILE

                    NOT BEING AN IMMIGRANT, ONLY BECAUSE BEING PUERTO RICAN MEANS THREE

                    GENERATIONS AGO THERE WAS A WAR THAT HAPPENED AND OUR IMMIGRATION

                    STATUS WAS SETTLED THAT WAY, BUT OTHERWISE, I WOULD BE IN THEIR PLACE.

                    AND I WANT THEM TO HAVE THE SAME OPPORTUNITIES THAT I WAS AFFORDED.

                    SO, AS A RESULT, I'LL BE VOTING IN THE AFFIRMATIVE AND URGE MY COLLEAGUES

                    TO DO THE SAME.

                                 ACTING SPEAKER AUBRY:  MR. RIVERA.

                                 MR. RIVERA:  THANK YOU, MR. SPEAKER.  I WANT TO

                    CONGRATULATE YOU.  (SPEAKING SPANISH)  I AM GONNA GET TO WHAT I

                    BELIEVE IS THE ROOT OF THE PROBLEM, IF I'M ALLOWED.  MY COLLEAGUE FROM

                    THE RIGHT EARLIER SAID TO THE STUDENTS, THERE ARE PEOPLE HERE WHO HAVE

                    LOST THEIR WAY.  AMERICANS WHO HAVE LOST THEIR WAY.  THE NATION HAS

                    LOST ITS MIND AND ITS WAY.  ALL RIGHT, LET'S BE CLEAR.  I WANT TO

                    CONGRATULATE THE SPEAKER, MRS. STOKES AND CARMEN DE LA ROSA

                    BECAUSE THIS BILL WAS SUPPOSED TO HAVE BEEN HEARD AND DEBATED EARLIER.

                    BUT THERE WERE -- THEY DECIDED -- OR WE DECIDED WE WANT TO HEAR THE

                    NUMBER ONE DREAMER IN THIS COUNTRY, MARTIN LUTHER KING.  WAS IT

                    EASY FOR HIM?  NO.  THE OTHER SIDE ALWAYS HAVE THE WEAPONS OF MASS

                    DESTRUCTION.  WHEN MARTIN LUTHER KING AND THE STUDENTS AND

                    EVERYBODY USED TO DEMONSTRATE, THE OTHER SIDE HAD DOGS, SHOTGUNS,

                                         154



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WATER HOSES AND -- AND EVERYTHING WAS APPLIED TO PEOPLE WHO DECIDE

                    ON WHAT'S TO BE PART OF A GREAT AMERICA.

                                 I'M GOING TO TELL YOU SOMETHING.  I DON'T HAVE TIME TO

                    READ THIS BOOK (INDICATING).  IT SAYS, HOW THE NATION WAS WON:

                    AMERICA'S UNTOLD STORY VOLUME 1 FROM 1630-1754.  THE WORDS I SAID

                    EARLIER WERE IN THE FIRST EUROPEAN LANGUAGE SPOKEN IN THIS CONTINENT.

                    AND IT WAS SPOKEN HERE IN FLORIDA BY JUAN PONCE DE LEÓN, THE FIRST

                    GOVERNOR OF PUERTO RICO.

                                 SO, YOU KNOW, WE CAN TELL A STORY, AMERICA WAS WON,

                    SIMPLE, BY PUSHING ORIGINALLY IN THOSE DAYS BLACK PEOPLE, PUSHING

                    THEM AROUND, PUSHING THE INDIANS AROUND, PUSHING THE MEXICAN OUT OF

                    ARIZONA AND NOT ALLOWED TO COME BACK.  THAT'S HOW AMERICA WAS WON.

                    SO, LET'S -- LET'S BE HONEST.  IN 1980, THAT MAN RIGHT THERE (INDICATING)

                    CECIL -- CECIL -- CECIL ROMERO WITH THE CAMERA, AND THE CARMEN

                    ARROYOS AND OTHERS, WE CAME TOGETHER AND WE WENT -- WE HEARD, WE

                    BELIEVED.  WE BELIEVED THE NEWSPAPER WHEN THEY SAID THE DECADES OF

                    THE '80S WAS THE DECADES OF LATINO EMPOWERMENT.  WE TOOK THEM

                    SERIOUS.  SO WE STARTED TO MOBILIZE.  I THINK THAT'S WHAT THE PROBLEM IS.

                    I THINK THAT'S WHAT THE PROBLEM IS.

                                 I WAS SAYING TO MY FRIEND, ONE OF MY FRIENDS HERE, THE

                    PROBLEM PART IS "DIFFERENT STROKES FOR DIFFERENT FOLKS".  IT'S A GOOD OLD

                    AMERICAN SAYING.  WHEN JIMMY CARTER WAS PRESIDENT, HE TALKED WITH

                    FIDEL CASTRO, I REPRESENT A FREE COUNTRY, ANYBODY WANTS TO LEAVE, I

                    WELCOME THEM HERE.  TWO HUNDRED AND FIFTY THOUSAND ARRIVED TO

                    MIAMI.  SO FIDEL SAY, YOU WANT FREEDOM?  OKAY.  GO TO NEW YORK.

                                         155



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    GO -- GO TO FLORIDA.  AND THERE'S SOMETHING THAT VERY FEW PEOPLE

                    KNOW.  DURING THOSE DAYS, HUNDREDS OF CHILDREN NOT BORN HERE,

                    HUNDREDS OF CHILDREN WERE ALLOWED TO COME TO THIS COUNTRY, WAS PLACED

                    IN DIFFERENT HOMES AROUND THE ENTIRE NATION.  YOU KNOW HOW MUCH IT

                    COST?  BILLIONS OF DOLLARS.  WE GOT 25,000 PEOPLE IN PUERTO RICO WHEN

                    WE HAVE NO JOBS.  WE HAVE NO JOBS IN PUERTO RICO, BUT WE TAKE

                    EVERYBODY IN.  THEY SPENT BILLIONS OF DOLLARS.  DON'T TELL ME THAT WHAT

                    WE'VE BEEN TALKING ABOUT FOR A NUMBER OF YEARS, IT'S ONLY GOING TO COST

                    $25 MILLION, IF AT ALL, THAT WE DON'T HAVE IN THIS BUDGET OF OVER $170

                    BILLION, $25 MILLION TO INVEST ON PEOPLE LIKE CATALINA CRUZ, KARINES

                    REYES?  RIGHT?  CARMEN DE LA ROSA, NATHALIA FERNANDEZ?  THESE ARE

                    CHILDREN, THEIR PARENTS WERE BORN EITHER IN CUBA, COLOMBIA,

                    DOMINICAN REPUBLIC.  AND MOST OF THEM CAME HERE AND THEY WERE

                    UNDOCUMENTED.  LOOK WHERE THEY'RE AT RIGHT NOW.  THEY WERE THE FIRST

                    SPEAKERS TO SPEAK UP HERE, STAND UP SO PROUD BECAUSE THEIR DREAM HAS

                    BEEN REALIZED.  BUT THEIR DREAM IS NOT COMPLETE UNTIL THEY MAKE IT

                    MUCH EASIER FOR THE DREAMERS OF TODAY TO REACH THEIR DREAM AND

                    THEIR GOALS.

                                 SO IT IS AN EXCITING DAY.  I'M GLAD THAT WE LISTEN -- THAT

                    YOU WERE ABLE TO LISTEN TO THE HISTORY OF MARTIN LUTHER KING, THE FIRST

                    DREAMER, THE FIRST REAL GOOD GENERAL THIS COUNTRY EVER HAD, WHO LED

                    HIS PEOPLE INTO FREEDOM.  AND THEN PEOPLE LIKE ME, WE TAKE IT BACK, WE

                    GOT TO DO IT, AND WE TAKE IT BACK, PUERTO RICANS AND OTHERS.  AND WE

                    ALSO WERE ABLE TO REACH OUR GOAL.

                                 SO, HAVING SAID THAT, DON'T TELL ME THAT THIS IS NOT

                                         156



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ABOUT THE FEAR THAT THERE IS RIGHT NOW 50 MILLION LATINOS IN THIS COUNTRY

                    AND THERE ARE THOSE FROM HERE TO WASHINGTON ARE AFRAID OF THE

                    NUMBERS, AND WE CONTINUE TO GROW.  I THINK THAT'S WHAT IT IS.  LET'S BE

                    HONEST, I THINK THAT'S WHAT IT IS.  FEAR.  BUT DON'T FEAR ALL THESE

                    YOUNGSTERS, ALL OF US WANT TO BE LIKE YOU AND YOUR PARENTS.  WE WANT TO

                    ACHIEVE THE AMERICAN DREAM.

                                 MR. SPEAKER, THANK YOU VERY MUCH.  I THINK I SAID ALL I

                    NEEDED TO SAY FOR THE MOMENT.  I'M READY FOR CELEBRATION.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON.

                                 MS. RICHARDSON:  OH, MY LORD.

                                 ACTING SPEAKER AUBRY:  YES.

                                 MS. RICHARDSON:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

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

                    STAND HERE IN THIS MOMENT SO EMOTIONAL AS I LISTEN TO THE TESTIMONY OF

                    MY COLLEAGUE, CATALINA CRUZ.  AND AS I LISTEN TO THE AWESOME SPONSOR

                    OF THIS LEGISLATION DEFEND THIS BILL AND ALL THE OTHER TESTIMONIES FROM

                    MY COLLEAGUES IN THIS CHAMBER, I'M EMOTIONAL BECAUSE OF WHO I AM.

                    I'M EMOTIONAL BECAUSE OF WHO I REPRESENT.

                                 YOU SEE, I HAIL FROM THE BOROUGH OF BROOKLYN IN THE

                    43RD A.D. WHERE WE HAVE A LARGE POPULATION OF CARIBBEAN-AMERICANS

                    AND CARIBBEAN IMMIGRANTS, AS WELL AS PEOPLE FROM LATIN COUNTRIES,

                    ASIAN COUNTRIES, SO ON AND SO FORTH.  WHAT I LOVE ABOUT THE BEAUTY OF

                    MY DISTRICT IS THAT WE ARE A MELTING POT AND A TRUE REFLECTION OF

                                         157



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    AMERICA.

                                 I AM A DAUGHTER OF IMMIGRANTS.  I AM THE

                    GRANDDAUGHTER OF IMMIGRANTS.  WHEN MY FAMILY MIGRATED HERE TO

                    UNITED STATES OF AMERICA IN THE '40S, IT WAS BY HAPPENSTANCE THAT MY

                    GRANDMOTHER, WHO IS DOMINICAN, BY THE WAY, HAD BIRTHRIGHTS HERE IN

                    THE U.S., AND FOR THAT, ALTHOUGH SHE MARRIED A MAN FROM SAINT MARTIN,

                    THEY WERE ABLE TO BRING THE TWO OF THEM AND THEIR EIGHT CHILDREN ALONG

                    WITH HIM, ONE OF THEM BEING MY MOTHER.  BUT HAD THAT NOT BEEN THE

                    CASE, HAD MY GRANDMOTHER NOT AT THAT TIME HAD A BIRTHRIGHT TO AMERICA,

                    WHAT WOULD HAVE BEEN THE STORY FOR MY FAMILY?  WHAT WOULD HAVE

                    HAPPENED TO US?  WELL, GUESS WHAT?  IT WAS TURMOIL BACK IN OUR NATIVE

                    LAND, AND GUESS WHAT?  THEY WERE GOING TO COME TO AMERICAN ANYWAY,

                    THE SAME AMERICA THAT OPENED ITS DOORS ON ELLIS ISLAND TO THOSE

                    IMMIGRANTS WHO WERE GOING TO OPEN THE DOORS TO MY FAMILY.

                                 BUT, GUESS WHAT?  WE GOT LUCKY.  WE GOT LUCKY BY THE

                    COMBINATION OF HOW MY FAMILY WAS CONFIGURED.  AND I AM NOT A

                    DREAMER, BUT YOU KNOW WHAT, MR. SPEAKER?  WHEN I WAS IN SCHOOL,

                    I SAT NEXT TO DREAMERS EVERY SINGLE DAY.  I WATCHED THE LEVEL OF

                    ANXIETY THAT MY CLASSMATES HAD, WHETHER THEY WERE GOING TO BE FOUND

                    OUT, DEPORTED.  YOU KNOW, I WATCHED THE STRUGGLE, THE STRUGGLE OF BASIC

                    NEEDS, LIKE TRANSPORTATION, LIKE FOOD, AND ALL BECAUSE THEY WANT TO

                    WHAT?  THEY WANT TO EXCEL AND MOVE FURTHER IN THIS AMERICAN SOCIETY

                    AND TAKE ADVANTAGE OF THE DREAMS THAT WE TOLD THEM THEY COULD FIND

                    HERE.

                                 I'VE WATCHED SO MANY PEOPLE, AND I'M A STRONG

                                         158



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    PROPONENT OF EDUCATION.  IF ANYONE KNOWS ME, THEY'LL TELL YOU THAT.  I

                    WENT TO MEDGAR EVERS COLLEGE AND I WATCHED SO MANY PEOPLE DROP OUT

                    OF COLLEGE BECAUSE THEY COULD NOT FURTHER FINANCE THEIR WAY THROUGH

                    RECEIVING A HIGHER EDUCATION.

                                 SO, WHAT KIND OF AMERICA IS THIS WHERE WE TELL YOU

                    WE'LL TAKE CARE OF YOU NOW FROM PRE-K TO 12, BUT WHEN YOU WANT TO GO

                    GET AN ASSOCIATE'S DEGREE, A BACHELOR'S DEGREE, A MASTER'S DEGREE TO

                    FURTHER YOURSELF AND FURTHER POUR ECONOMICALLY INTO THIS SOCIETY, THE -

                    SQUEAK - THE ROAD STOPS THERE.

                                 WELL YOU KNOW WHAT?  I WANT TO COMMEND SENATOR

                    JOSÉ PERALTA, BECAUSE HE HAD A DREAM.  AND WHEN IT WASN'T FAVORABLE,

                    HE WALKED AROUND IN THIS CHAMBER AND HE CHAMPIONED THAT PIECE OF

                    LEGISLATION.  I WANT TO THANK ALL OF MY COLLEAGUES WHO STOOD UP IN THIS

                    CHAMBER AND TESTIFIED AND SHARED YOUR STORIES AND SPOKE IN YOUR

                    NATIVE TONGUE.  BECAUSE TO ALL THE OTHER COLLEAGUES WHO DON'T GET THE

                    POINT, THIS IS WHAT NEW YORK LOOKS LIKE.  THIS IS WHAT AMERICA LOOKS

                    LIKE.  AND AS WE ARE GOING TO PASS THIS DREAM ACT TODAY, WE ARE

                    GOING TO CREATE ACCESS, EDUCATION ACCESS FOR SO MANY PEOPLE WHO

                    DESERVE THE RIGHT TO JUST LEARN.

                                 AND WITH THAT, I VOTE IN THE AFFIRMATIVE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN.

                                 MR. EPSTEIN:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. EPSTEIN:  SO, I SHOULDN'T HAVE GONE AFTER OUR

                                         159



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    FORMER -- PRIOR SPEAKER.

                                 SO, I'M HERE TO TALK ABOUT WHAT WE'RE EXPERIENCING

                    TODAY AND THE CONVERSATION WE'RE HAVING.  FRIENDS OF MINE ARE

                    DREAMERS.  PEOPLE WHO ARE MY CONSTITUENTS ARE DREAMERS.  MY

                    FATHER ONLY WENT TO CUNY AND GRADUATED FROM UNDERGRAD BECAUSE

                    CUNY WAS FREE.  IT ISN'T FREE ANYMORE.  WE HAVE A PATHWAY.  IT'S A

                    PATHWAY THAT MY FAMILY WAS ABLE TO GO THROUGH TO BENEFIT HIS FAMILY,

                    MY FATHER RAISED, I SAID, BY A SINGLE MOM WITH THREE BOYS.  THAT WAS

                    HIS ONLY PATHWAY THROUGH.

                                 WE WANT TO SEE THE DREAMERS HAVING THE SAME

                    OPPORTUNITIES THAT MY PARENTS HAD.  YOUNG PEOPLE IN MY DISTRICT.

                    FRIENDS OF MY KIDS.  FRIENDS WHO CAME HERE BECAUSE OF WHAT THEIR

                    PARENTS WANTED FOR THEM, LIKE WHAT MY GRANDPARENTS AND PARENTS

                    WANTED FOR ME.  LET'S BE CLEAR THAT STUDENTS WHO ARE UNDOCUMENTED

                    AREN'T AN ISSUE ABOUT RESIDENCY.  PEOPLE WHO ARE UNDOCUMENTED ARE

                    FEARFUL FOR THEIR LIVES, FEARFUL ANY MOMENT THEY'LL BE SENT BACK TO A

                    COUNTRY THEY DON'T KNOW.  AND WE'RE ASKING TO SEE -- MAKE SURE THAT

                    THEY'RE RESIDENTS?

                                 WE ALSO KNOW THAT DACA RECIPIENTS DO GET SOCIAL

                    SECURITY NUMBERS.  OTHERS HAVE ITIN NUMBERS.  WE HAVE

                    OPPORTUNITIES TO USE THOSE TO HELP THEM GET A PATHWAY FORWARD.  I FEEL

                    LIKE WHAT WE'VE HEARD PEOPLE SAY IS THE -- THE TAIL WAGGING THE DOG,

                    THAT ONE OR TWO PEOPLE WHO MIGHT "ABUSE THE SYSTEM" BECAUSE THEY

                    ACTUALLY LIVE IN FLORIDA, BUT WANT TO GET A FREE EDUCATION HERE IN NEW

                    YORK.  WELL, NEW YORK IS WILLING TO WELCOME THEM HERE, BECAUSE

                                         160



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THAT'S WHAT NEW YORKERS ARE ABOUT.  PEOPLE WHO COME TO THIS GREAT

                    STATE AND SAY YOU BELONG.  PEOPLE WHO SET ROOTS HERE, 98 PERCENT,

                    MAYBE 99 PERCENT OF THE PEOPLE WHO ARE GOING TO TAKE ADVANTAGE OF

                    THIS ARE PEOPLE WHO ARE LIVING HERE, RAISED HERE.  THEY ALL WENT TO

                    SCHOOL HERE.  MAYBE WE'LL SEE SOMEONE WHO WANTS A -- GET A GED AND

                    GO THROUGH THIS PATH, BUT WHAT WE'RE GOING TO SEE MOSTLY IS PEOPLE WHO

                    ARE SITTING IN THE CHAMBER, PEOPLE WHO ARE MY CONSTITUENTS SAYING, I

                    WANT A PATHWAY TO COLLEGE, AND I NEED FINANCIAL AID TO MAKE IT WORK.

                                 SO, WE KNOW CHANGE IS HARD.  AND WE KNOW POWER

                    SEES NOTHING WITHOUT DEMAND.  BUT TODAY, WE'RE DEMANDING CHANGE.

                    TODAY, WE'RE SPEAKING UP FOR PEOPLE WHO CAN'T SPEAK.  TODAY, WE'RE

                    THINKING ABOUT THE FUTURE, DOCTORS AND LAWYERS, ELECTED OFFICIALS WHO

                    WILL CHANGE OUR LIVES BECAUSE WE'VE GIVEN THEM A PATHWAY TODAY.

                                 I VOTE IN THE AFFIRMATIVE ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PERRY.

                                 MR. PERRY:  THANK YOU, MR. SPEAKER.  MR.

                    SPEAKER, I HAVE PONDERED AND THOUGHT THROUGH THE WHOLE ISSUE OF THE

                    DREAM ACT AND WHY SOME OF MY COLLEAGUES STAND -- SEEMS ETERNALLY

                    OPPOSED TO GIVING JUST A LITTLE CHANCE TO THE DREAMERS IN OUR STATE.

                    I'VE CONCLUDED, MR. SPEAKER, THAT THIS IS NOT A REPUBLICAN WALL, AND THE

                    FACTS CLEARLY SHOW THAT THAT'S NOT THE CASE.  MY COLLEAGUES WHO STAND SO

                    COMMITTED TO VOTE OVER AND OVER AND OVER AGAIN AGAINST THIS DREAM

                    WALL -- DREAM ACT, APPEARS TO HAVE BUILT THEIR OWN WALL.  IT'S -- IT CAN

                    BE ATTRIBUTED TO THEIR --

                                         161



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. GOODELL:  MR. SPEAKER, POINT OF ORDER.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL, WHY DO

                    YOU RISE?

                                 MR. GOODELL:  WOULD YOU REMIND THE SPEAKER THAT

                    IT IS APPROPRIATE TO TALK ABOUT HIS VIEWS ON THE BILL, BUT IN OUR HOUSE

                    WE REFRAIN FROM ATTACKING OTHER MEMBERS ON THE FLOOR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY, MR.

                    GOODELL.  MR. PERRY, PLEASE CONFINE YOUR COMMENTS TO THE BILL AT HAND.

                    THANK YOU.

                                 MR. PERRY:  MR. SPEAKER, I DON'T BELIEVE MY WORDS

                    ATTACKED ANYONE OR IS ATTACKING IN ANY WAY.  I AM MERELY STATING MY

                    OBSERVATION WHICH I BELIEVE I HAVE A RIGHT TO DO, AND MY OBSERVATION IS

                    THAT SOME OF MY COLLEAGUES APPEAR TO HAVE BUILT THEIR OWN WALL --

                                 MR. GOODELL:  POINT OF ORDER.

                                 MR. PERRY:  -- AND THAT'S A VERY GENERIC STATEMENT --

                                 MR. GOODELL:  MR. SPEAKER.

                                 MR. PERRY:  -- THAT I AM SURE IS A --

                                 ACTING SPEAKER AUBRY:  ONE MINUTE, PLEASE.

                    ONE MINUTE, PLEASE.  WE HAVE HAD A LONG DAY.  WE WILL GET NOWHERE IF

                    WE DON'T EXERCISE SOME RESPECT BETWEEN THE MEMBERS.  I THINK THAT IS

                    THE RULE OF THE HOUSE.  PLEASE OBSERVE IT.

                                 MR. PERRY:  I BELIEVE THAT PEOPLE WHO BUILD THEIR

                    OWN WALLS AGAINST REASONABLE, MORAL AND RATIONAL ACTION AND STAND IN

                    THE WAY OF WILLFULLY BLOCKING DREAMERS --

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

                                         162



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. RAIA:  WILL THE SPEAKER YIELD FOR A QUESTION?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    PERRY?

                                 MR. PERRY:  NO.

                                 ACTING SPEAKER AUBRY:  MR. PERRY DOES NOT

                    YIELD.

                                 MR. PERRY:  -- STAND IN THE WAY OF BLOCKING --

                                 ACTING SPEAKER AUBRY:  MR. REILLY.

                                 ONE MINUTE, PLEASE.  MR. REILLY, WHY DO YOU RISE?

                                 MR. REILLY:  WILL THE MEMBER YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    PERRY?

                                 MR. PERRY:  NO, MR. SPEAKER, I WILL NOT YIELD.

                                 ACTING SPEAKER AUBRY:  MR. PERRY DOES NOT

                    YIELD.

                                 MR. PERRY:  THOSE WHO STAND IN THE WAY OF THE

                    MERE DREAMS OF YOUNG PEOPLE IN AMERICA --

                                 ACTING SPEAKER AUBRY:  MR. TAGUE, WHY DO

                    YOU RISE?

                                 MR. TAGUE:  WILL THE SPEAKER YIELD?

                                 ACTING SPEAKER AUBRY:  MR. PERRY, WILL YOU

                    YIELD?

                                 MR. PERRY:  MR. SPEAKER, I WILL NOT YIELD TO ANYONE

                    AT THIS TIME.

                                 ACTING SPEAKER AUBRY:  MR. --

                                         163



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MR. PERRY:  I PREFER TO MAKE MY COMMENTS AND

                    JUST URGE ANYONE ELSE TO LISTEN.  I WILL CONTINUE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MIKULIN, WHY DO

                    YOU RISE?

                                 MR. MIKULIN:  WILL THE SPEAKER YIELD?

                                 ACTING SPEAKER AUBRY:  MR. PERRY, WILL YOU

                    YIELD?

                                 MR. PERRY:  MR. SPEAKER, I REFUSE TO YIELD.

                                 ACTING SPEAKER AUBRY:  MR. PERRY WILL NOT

                    YIELD.

                                 MR. PERRY:  MR. SPEAKER, I ASSERT MY RIGHT TO

                    EXPRESS WHAT I THINK.  I THINK THAT PEOPLE WHO STAND IN THE WAY OF

                    YOUNG PEOPLE WHO DREAM OF AN OPPORTUNITY TO BECOME AN AMERICAN --

                                 ACTING SPEAKER AUBRY:  MR. RA, THE TWO OF

                    YOU RISING TOGETHER, OR...

                                 MR. RA:  NO.  MR. SPEAKER, AGAIN, WE HAVE A

                    SPECIFIC RULE THAT PROHIBITS ATTACKING THE CHARACTER OR MOTIVES OF

                    ANOTHER MEMBER.  MR. PERRY IS FREE TO SPEAK ABOUT THE MERITS OF OUR

                    ARGUMENTS, BUT NOT ABOUT OUR MOTIVES IN MAKING THEM.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  YOUR POINT IS

                    WELL-TAKEN.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I THINK

                    WE'RE GETTING A LITTLE SENSITIVE HERE.  MR. PERRY ACTUALLY HAS THE ABILITY

                    TO SAY HOW HE FEELS ABOUT THIS ISSUE.  I DON'T THINK ANYONE ON THE OTHER

                                         164



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    SIDE OF THE AISLE SHOULD TAKE IT PERSONALLY WHAT HE'S SAYING.  HE'S CALLED

                    NO ONE'S NAME.  HE'S NOT POINTED ONE FINGER.  SO, I WOULD ASK PEOPLE IF

                    THEY WOULD HAVE SOME PATIENCE IN ALLOWING HIM TO EXPLAIN HIMSELF

                    WITHOUT TALKING ABOUT ANYBODY OR WHAT THEIR THOUGHT PROCESS IS ON THE

                    OTHER SIDE OF THE AISLE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  I APPRECIATE THE COMMENTS OF THE

                    MAJORITY LEADER, OF COURSE, TO MAINTAIN THE DECORUM IN OUR CHAMBER.

                    WE ARE VERY CLEAR YOU CANNOT ATTACK A SPECIFIC MEMBER.  IT SHOULD BE

                    EQUALLY CLEAR THAT YOU CANNOT ATTACK A GROUP OF MEMBERS.  IF THE

                    SPEAKER WISHES TO EXPLAIN HIS VIEW WHY HE LOVES THIS BILL OR WHY HE

                    HATES THIS BILL, I WOULD CERTAINLY ENCOURAGE HIM TO EXPRESS HIS VIEWS

                    ABOUT HIS FEELINGS AND HIS ANALYSIS AND HIS APPROACH.  BUT IT IS NOT

                    APPROPRIATE, I BELIEVE, FOR ANY OF US TO ATTACK ANY INDIVIDUAL OR ANY

                    OTHER GROUP OF INDIVIDUALS ON THE FLOOR OF THE ASSEMBLY BY QUESTIONING

                    THEIR MOTIVES, THEIR INTENT, THEIR KNOWLEDGE, THEIR ABILITIES OR ANY OTHER

                    ASPECT.  SO, AGAIN, MR. SPEAKER, I KNOW YOU'VE REMINDED MR. PERRY

                    SEVERAL TIMES, I WOULD ENCOURAGE YOU TO REMIND HIM AGAIN AND I WOULD

                    ENCOURAGE MR. PERRY TO FREELY EXPRESS HIS OPINIONS AS TO HOW HE FEELS,

                    NOT HIS OPINIONS ABOUT OTHERS.

                                 ACTING SPEAKER AUBRY:  IN THE COURSE OF

                    DEBATE IN THIS HOUSE FROM BOTH SIDES OF THE AISLE, WE OFTEN CHARACTERIZE

                    EACH OTHERS' PARTY'S POSITION ON ISSUES.  I DON'T THINK MR. PERRY IS DOING

                    ANY MORE THAN I'VE HEARD OTHER MEMBERS CHARACTERIZE WHAT THE INTENT

                    OF ACTIONS ARE EITHER FROM THE MAJORITY OR THE MINORITY.  SO, WE ARE NOT

                                         165



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ALLOWED TO ATTACK INDIVIDUAL MEMBERS.  WE CERTAINLY HAVE THE ABILITY

                    TO DISPUTE THE STANDING POSITIONS OF EACH OTHERS' PARTY.  AND SO, IN THAT

                    SPIRIT, MR. PERRY, YOU ARE STANDING BETWEEN -- I NEED NOT COMMIT

                    ANYMORE.  SIR, WOULD YOU PROCEED IN THE DECORUM REQUIRED IN THIS

                    HOUSE.

                                 MR. PERRY:  MR. SPEAKER, MY IMPRESSION THAT

                    PEOPLE ACROSS THIS NATION AND ANY PART IN THIS WORLD WHO OPPOSE THIS

                    BILL DO SO BECAUSE THEY HAVE BUILT THEIR OWN WALL.  AND THESE PEOPLE,

                    THEIR ACTION, THEY CANNOT SEE HOW IMMORAL AND WRONG IT IS BECAUSE

                    THEY ARE BLOCKED FROM RATIONAL REASON BECAUSE OF THE WALL THEY BUILT.

                                 I CAN SAY, MR. SPEAKER, THAT THIS IS NOT BASED ON THE

                    FACTS.  IT IS NOT A REPUBLICAN WALL.  IT IS NOT A REPUBLICAN ISSUE.  IT'S A

                    PERSONAL ISSUE AND THE PEOPLE WHO STAND BEHIND THIS, THERE ARE ENOUGH

                    EVIDENCE TO PROVE THAT IT IS NOT A REPUBLICAN ISSUE.  HERE IS JUST ONE OF

                    THE FACTS:  IN KANSAS, THE STATE OF KANSAS WHICH IS KNOWN TO BE A RED

                    STATE, WHERE SO -- SINCE 1968, THAT STATE HAS NOT VOTED FOR A DEMOCRAT.

                    ALL OF THE REPRESENTATIVES TO THE SENATE FOR DEMOCRATIC CANDIDATE FOR

                    PRESIDENT AND -- AND HAVE NOT SENT A DEMOCRAT TO -- TO THE SENATE.  IT IS

                    A RED STATE, AS RED AS IT CAN BE; A SURE REPUBLICAN.  AND IN KANSAS, MR.

                    SPEAKER, THEY HAVE PASSED A DREAM ACT.  THEY PROVIDE AN

                    OPPORTUNITY FOR DREAMERS TO GO TO COLLEGE AND REACH THEIR DREAM OF

                    BECOMING A GREAT AMERICAN ONE DAY.  THAT'S ALL WE'RE ASKING FOR IN THIS

                    STATE.

                                 SO, I WILL CHALLENGE MY COLLEAGUES TO GET FROM BEHIND

                    THIS WALL AND TO OPEN THEIR EYES TO THE FUTURE AND WHAT THE PROMISES FOR

                                         166



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    AMERICA, A NATION OF IMMIGRANTS WHERE WE ALLOW PEOPLE TO REACH THEIR

                    DREAMS, REACH THEIR GOALS AND PROVIDE GOOD, OPEN, REASONABLE

                    OPPORTUNITIES FOR THEM TO ATTAIN THOSE DREAMS.  THAT'S ALL WE'RE ASKING

                    FOR, MR. SPEAKER, AND WE SHOULDN'T BE RILED WHEN WE HAVE TO FACE THE

                    TRUTH ABOUT THIS.  LET'S STOP THE NONSENSE.  LET'S VOTE TO SUPPORT THIS

                    BILL.

                                 MR. SPEAKER, THANK YOU FOR THE OPPORTUNITY.

                                 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.)

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, TO EXPLAIN MY VOTE.  IT'S BEEN A LONG EVENING, BUT IT'S CERTAINLY

                    BEEN A GREAT DAY.  WE HAD THE OPPORTUNITY EARLIER TO CELEBRATE THE LIFE

                    OF DR. MARTIN LUTHER KING AND THE AWESOME DREAM THAT HE HAD FOR ALL

                    PEOPLE, REGARDLESS OF COLOR, AND CERTAINLY ALL POOR PEOPLE, REGARDLESS OF

                    COLOR.  AND NOW TO BE AT A POINT WHERE WE HAVE AN OPPORTUNITY TO VOTE

                    ON MAKING SOME OF DR. KING'S DREAMS COME TO REALITY, IS AN EXCITING

                    MOMENT.

                                 I WILL REMIND US ALL THAT IN ORDER TO WORK IN AMERICA

                    NOW, MOST ANY JOB WHERE YOU'RE GOING TO EARN A LIVING WAGE, YOU'RE

                    GOING TO HAVE TO HAVE A COLLEGE EDUCATION.  AND SO, WE HAVE ONE

                    CHOICE OR THE OTHER FOR THE UNDOCUMENTS [SIC].  WE CAN LEAVE THEM

                                         167



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WITHOUT A COLLEGE EDUCATION WHERE THEY CAN END UP DOING MAYBE TWO

                    OR THREE MENIAL JOBS TO MAKE ENDS MEET, MAYBE EVEN SOME OF THOSE

                    MENIAL JOBS FOR THOSE OF US WHO MAY NEED SOME SERVICES DONE, OR THEY

                    WILL HAVE TO RELY ON OUR GOVERNMENT TO PROVIDE THEM SERVICES TO BE

                    ABLE TO TAKE CARE OF THEMSELVES AND TO EAT.  OR, WE CAN ALLOW THEM AN

                    OPPORTUNITY TO GET EDUCATED AND DO AND GET THE KIND OF JOBS THAT THEY'RE

                    VERY, VERY CAPABLE OF DOING.

                                 MR. SPEAKER, I WILL ALSO REMIND MY COLLEAGUES THAT

                    UNDOCUMENTED IMMIGRANTS TO THE TUNE OF I WANT TO SAY AT LEAST 1,900 OF

                    THEM NOW SERVE IN OUR ARMED SERVICES.  IF THEY ARE GOOD ENOUGH TO

                    SERVE IN OUR ARMED SERVICES, THEY OUGHT TO BE GOOD ENOUGH TO GO TO OUR

                    COLLEGES AND UNIVERSITIES.  SO IT IS MY PLEASURE TO VOTE IN THE MAJORITY

                    -- WITH THE MAJORITY IN THIS BILL AND HOPE THAT MY COLLEAGUES WILL DO

                    THE SAME.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    IN THE AFFIRMATIVE.

                                 MS. DE LA ROSA.

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

                    EXPLAIN MY VOTE.  I WANT TO FIRST TAKE THIS MOMENT TO THANK SPEAKER

                    HEASTIE FOR ENTRUSTING ME TO BE THE VOICE OF THE DREAMERS IN NEW

                    YORK STATE.  THANK YOU FOR THIS PRIVILEGE TO BE ABLE TO DEFEND THIS BILL

                    ON THE FLOOR.  I ALSO WANT TO SAY TO THE DREAMERS HERE TODAY THAT YOUR

                    FIGHT HAS INSPIRED US ALL.  MOMENTS AGO, WE CELEBRATED THE LIFE AND

                    LEGACY OF DR. MARTIN LUTHER KING, AND KING SAID THAT, OUR LIVES BEGIN

                    TO END THE DAY THAT WE BECOME SILENT ABOUT THINGS THAT MATTER.  WELL,

                                         168



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OUR DREAMERS MATTER, OUR CHILDREN MATTER, AND WE WILL NOT BE SILENT.

                                 TODAY, WE ARE MOVED TO ACTION.  I WANT TO TAKE THE

                    OPPORTUNITY TO THANK EVERYONE WHO HAS LAID THEIR BODIES ON THE LINE TO

                    MAKE SURE THAT THIS LEGISLATIVE BODY DOES THE RIGHT THING.  I WANT TO

                    THANK THE PRIOR SPONSOR OF THIS LEGISLATION, FRANCISCO MOYA, WHO HAS

                    BEEN HERE FIGHTING AND IS STILL HERE FIGHTING TO MAKE SURE THAT THIS DAY

                    COULD BE A REALITY.  BUT MOST IMPORTANTLY AND MOST OF ALL, WE DEDICATE

                    THIS VOTE, I DEDICATE THIS VOTE TO THE DREAMERS, TO ALL OF YOU HERE.

                    THANK YOU.  SÍ SE PUEDE.  (SPEAKING SPANISH).  THANK YOU, GRACIAS,

                    NEW YORK STATE DREAMS.  THANK YOU.  I VOTE IN THE AFFIRMATIVE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MS. DE LA ROSA IN

                    THE AFFIRMATIVE.

                                 MR. DENDEKKER.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  I CAME TO THIS CHAMBER TEN YEARS AGO

                    AND I GOT TO SERVE WITH ASSEMBLYMEMBER JOSÉ PERALTA, AND THEN I GOT

                    TO WATCH HIM BE ELEVATED AND GO OVER TO THE OTHER CHAMBER, AS WE SAY.

                    AND DURING THAT TIME, ASSEMBLYMEMBER PERALTA AND I WOULD -- WOULD

                    TRY TO COMPARE ON WHO HAD THE MOST DIVERSE DISTRICT, WHETHER IT WAS

                    THE 34TH ASSEMBLY DISTRICT OR THE 39TH ASSEMBLY DISTRICT, BECAUSE IN

                    EACH DISTRICT WE SHARE JACKSON HEIGHTS AND HAVE HUNDREDS OF

                    LANGUAGES SPOKEN FROM PEOPLE FROM AROUND THE WORLD.

                                 AND ONE THING THAT WE WERE AGREED ON IS THAT IF YOU

                    WERE ONE OF OUR NEIGHBORS, YOU WERE A NEW YORKER.  DIDN'T MATTER

                                         169



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WHERE YOU WERE BORN, DIDN'T MATTER WHERE YOU CAME FROM, IF YOU LIVED

                    IN OUR NEIGHBORHOOD, YOU WERE OUR CONSTITUENT, YOU WERE OUR

                    NEIGHBOR.  I THINK HE WOULD BE EXTREMELY PROUD TODAY TO SEE THAT WE

                    HAVE ALL COME TOGETHER AND THAT WE'RE GOING TO SUPPORT OUR NEIGHBORS,

                    BECAUSE THAT'S WHAT WE'RE SUPPOSED TO DO.  THANK YOU VERY MUCH FOR

                    THE FAMILY, THE PERALTA FAMILY, FOR BEING HERE, EVELYN AND THE -- AND

                    THE CHILDREN, AND HIS MOM, AND IT'S QUITE AN HONOR AND I WILL BE VOTING

                    IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER IN

                    THE AFFIRMATIVE.

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE AND WANT TO COMMEND THE SPONSOR WHO IS HERE TODAY,

                    ALONG WITH THE PRIOR SPONSOR WHO IS ALSO HERE WITH US TODAY, AS WELL AS

                    OUR DEPARTED COLLEAGUE -- AND CONDOLENCES TO THE FAMILY AND,

                    HOPEFULLY, THIS IS SOME MEASURE OF CONSOLATION THAT THIS WILL BE PART OF

                    SENATOR PERALTA'S LEGACY.

                                 BUT I JUST WANT TO SAY SOMETHING THAT -- A PHRASE MY

                    GRANDMOTHER USED, "DON'T CUT YOUR NOSE TO SPITE YOUR FACE".  DENYING

                    STUDENTS THE RIGHT TO FINISH THEIR EDUCATION AFTER WE HAVE INVESTED IN

                    THEM THROUGH THEIR HIGH SCHOOL EDUCATION IS THE STATE CUTTING ITS NOSE

                    TO SPITE ITS FACE.  THERE -- WE BENEFIT -- WE DON'T KNOW WHAT WE ARE

                    DENYING OURSELVES, THE TALENTS OF THESE YOUNG PEOPLE, IF THEY ARE UNABLE

                    TO STRUGGLE AND AFFORD COLLEGE ON THEIR OWN.

                                 VERY FEW STUDENTS GO TO SCHOOL FULL-TIME ANYMORE.

                                         170



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    ALMOST ALL ARE WORKING FULL-TIME.  HALF THE STUDENTS AT CUNY ARE

                    COMING FROM FAMILIES WITH AN INCOME OF LESS THAN $30,000.  COLLEGE

                    HAS GOTTEN MORE AND MORE EXPENSIVE, CERTAINLY SINCE I WENT TO CUNY,

                    AND THIS IS JUST A MATTER OF FAIRNESS AND ECONOMIC SENSE.  AND I HATE TO

                    THINK THAT WE ARE NOT AS PROGRESSIVE AS TEXAS, WASHINGTON, MINNESOTA,

                    NEW MEXICO AND CALIFORNIA WHO ALREADY HAVE THIS MEASURE IN PLACE.  I

                    WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MS. NIOU.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  I JUST ALSO WANTED TO THANK OUR SPONSOR, OUR

                    FORMER SPONSOR AND ALL OF THE FOLKS WHO DEDICATED THEIR LIVES TO

                    MAKING THIS A POSSIBILITY FOR SO MANY NEW YORKERS.

                                 AS AN IMMIGRANT AND A POLICYMAKER, I AM PROUD TO

                    STAND WITH MY COLLEAGUES FROM ALL ACROSS NEW YORK IN SUPPORT OF THE

                    DREAM ACT.  OUR DREAMERS ARE DEEPLY INTEGRATED INTO OUR

                    COMMUNITIES, THEY ARE OUR FAMILY, OUR FRIENDS, OUR NEIGHBORS AND OUR

                    COLLEAGUES.  IN NEW YORK CITY ALONE, THERE ARE THOUSANDS OF

                    INDIVIDUALS WHO ARE DACA RECIPIENTS.  NOW UNDER PRESIDENT TRUMP,

                    THEIR FUTURE AS NEW YORKERS IS SHROUDED IN UNCERTAINTY.  THIS IS A

                    CRITICAL TIME FOR DACA RECIPIENTS AND WE CANNOT STAND IDLY BY AS OUR

                    DREAMERS AND THEIR FAMILIES ACROSS OUR COUNTRY HAVE THEIR

                    LIVELIHOODS JEOPARDIZED EACH TIME A NEW PRESIDENT IS SWORN INTO OFFICE.

                    THESE ESSENTIAL PROTECTIONS HAVE TO BE SECURED THROUGH LEGISLATION, NOT

                                         171



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    JUST EXECUTIVE ACTION.  AND SO, TODAY, WE'RE TAKING THAT STEP.

                                 YOU KNOW, MY PARENTS IMMIGRATED HERE TO -- TO THE

                    UNITED STATES AND I WAS ONLY SIX MONTHS OLD.  I HAD A LITTLE MOHAWK.  I

                    WAS A LITTLE CROSS-EYED.  I DROOLED A LOT.  AND WHEN THEY CAME, I GOT A

                    LITTLE CARD AND ON MY FACE IT SAID "ALIEN".  IN OUR IMMIGRANT

                    COMMUNITIES, OUR PARENTS IMAGINE A BRIGHTER FUTURE FOR THEIR CHILDREN.

                    THEY ENTER A FOREIGN COUNTRY, LEARNING A NEW LANGUAGE AND BECOMING

                    ENGRAINED IN AN ENTIRELY DIFFERENT CULTURE.  HOW DOES ANYBODY THINK

                    THAT THIS IS EASY?  THEY SACRIFICE AND THEY SACRIFICE ALL FOR THEIR KIDS.

                    AND THROUGH IT ALL, THEY DREAM OF THEIR CHILDREN HAVING LIVES BETTER

                    THAN THE ONES THAT THEY HAD.

                                 EDUCATION IS A HUGE PRIORITY IN OUR COMMUNITY

                    BECAUSE WE KNOW THAT THIS IS A PATH TO TRANSFORMING THEIR DREAM INTO

                    REALITY.  EDUCATION IS TRANSFORMATIVE.  IT DRIVES SOCIAL AND ECONOMIC

                    MOBILITY.  IT IS THE GREAT EQUALIZER IN OUR SOCIETY.  AND SO HERE IN NEW

                    YORK, I PLEDGE TO DO ALL THAT WE CAN TO PROTECT OUR IMMIGRANT

                    COMMUNITIES AND WITH THAT, I WOULD LIKE TO VOTE IN THE AFFIRMATIVE

                    BECAUSE NEW YORK DOES NOT FORGET YOU. (SPEAKING CHINESE).

                                 ACTING SPEAKER AUBRY:  MS. NIOU IN THE

                    AFFIRMATIVE.

                                 MS. HYNDMAN.

                                 MS. HYNDMAN:  THANK YOU FOR ALLOWING ME TO

                    EXPLAIN MY VOTE.  IMAGINE HAVING THE AUDACITY TO DREAM.  IMAGINE

                    COMING HERE IN THE '80S IN THE HEIGHT OF THE CRACK EPIDEMIC TO HOLLIS,

                    QUEENS, BECAUSE MY PARENTS SAID THIS IS THE COUNTRY THEY WANT TO RAISE

                                         172



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THEIR CHILDREN IN.  THEY WANTED TO MAKE SURE THAT WE HAD THE

                    OPPORTUNITIES TO GO TO COLLEGE, BECAUSE THEY DIDN'T SEE THAT IN EUROPE.

                    SO WE CAME HERE, TWO KIDS NOT KNOWING WHY WE WERE COMING TO THIS

                    COUNTRY, NOT WANTING TO COME HERE, BUT THAT WAS THE DREAM OF OUR

                    PARENTS.

                                 SO COMING HERE, MY PARENTS BOUGHT A HOUSE.

                    UNDOCUMENTED, THEY WORKED.  THEY DIDN'T ASK FOR ANY HANDOUTS.  I

                    TRIED TO GET A JOB IN THE SUMMERTIME AND THAT'S WHEN I REALIZED, ABOUT

                    14-YEARS-OLD, THAT I WAS UNDOCUMENTED.  I COULDN'T EVEN GET A JOB AT

                    MCDONALD'S.  COULDN'T EVEN GET A JOB AT SYP.  ALL MY FRIENDS WERE

                    ASKING ME, WE'RE ALL GOING TO FILL OUT APPLICATIONS, WHY AREN'T YOU

                    COMING?  BECAUSE I WAS UNDOCUMENTED.  THAT'S WHEN I LEARNED I DIDN'T

                    HAVE A SOCIAL SECURITY NUMBER.  NEVER KNEW I NEEDED ONE, BECAUSE I

                    WAS LIVING THE AMERICAN DREAM.

                                 SO TO THE SPONSOR, I THANK YOU FOR YOUR STEADFASTNESS,

                    TO THE PREVIOUS SPONSOR, BECAUSE IT TAKES A LOT TO MAKE SURE YOU HAVE

                    THE COURAGE TO SPEAK FOR CHANGE AND WHEN QUESTIONS ARE ASKED OVER

                    AND OVER OF YOU.  AND TO OUR BROTHER WHO RECENTLY PASSED FROM

                    QUEENS, WHEN YOU TALK ABOUT A CHAMPION WHO LEAVES A LEGACY, TO HAVE

                    A BILL NAMED AFTER IN THIS MANNER, TO THE PERALTA FAMILY, WE HAVE LOST A

                    LION IN QUEENS, BUT KNOW HIS DREAM, THE AMERICAN DREAM LIVES ON IN

                    THIS CHAMBER AND NOW WE FINALLY GET TO PASS THIS BILL AND IT'S REALLY A

                    FEELING OF -- OF GRATITUDE TO MAKING SURE THAT OUR COLLEAGUES, WE WORK

                    TOGETHER TO GET THIS DONE.  NO ONE DOES ANYTHING ALONE.  WE GO FARTHER

                    TOGETHER TO MAKE SURE THAT THIS COUNTRY, THIS STATE, RECOGNIZES THAT

                                         173



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THESE DREAMERS COME HERE TO GO TO SCHOOL, BECAUSE EDUCATION IS THAT

                    GREAT EQUALIZER.

                                 ACTING SPEAKER AUBRY:  MS. HYNDMAN, HOW

                    DO YOU VOTE?

                                 MS. HYNDMAN:  I VOTE IN THE AFFIRMATIVE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. BLAKE.

                                 WE HAVE TWO MINUTES, LADIES AND GENTLEMEN, TO

                    EXPLAIN THE VOTE.

                                 MR. BLAKE:  AS A SON OF IMMIGRANTS, WE COME HERE

                    TODAY TO REALIZE THE DREAMS OF SO MANY.  AND TO THE DREAMERS, WE

                    SAY THAT WE SALUTE YOU.  THAT WE ARE PROUD OF YOU AND WE ARE GRATEFUL

                    TO YOU.  TO THE ADVOCATES, WHETHER IT BE UNITED WE DREAM OR FORWARD

                    OR NEW YORK IMMIGRATION COALITION, WE THANK YOU.  TO OUR SPONSORS

                    AND OUR LEADERS OF DE LA ROSA AND MOYA AND THE PERALTA FAMILY, WE

                    SAY WE THANK YOU FOR ALL THAT YOU CONTINUE TO DO, AND WE HONOR YOU.

                                 FOR THE DREAMERS, WHETHER IF YOU ARE LATINO OR

                    AFRICAN OR CARIBBEAN, WE UNDERSTAND THAT THIS IS ABOUT HELPING

                    SOMEONE TO REALIZE YOUR DREAMS AND THAT'S WHAT HAPPENS ON TODAY.  AS

                    THE PRESIDENT WANTS TO BUILD A WALL, WE GET TO COME HERE TO SAY THAT

                    WE'RE BUILDING HOPES AND DREAMS.  AND FOR THOSE THAT SEEM TO FORGET,

                    BECAUSE THEY WANT TO INTENTIONALLY MISQUOTE SCRIPTURE, I REMIND FOLKS

                    THAT ROMANS 13:10 SAYS, "LOVE DOES NO HARM TO A NEIGHBOR.  LOVE IS

                    THE FULFILLMENT OF THE LAW".  WE SOMETIMES FORGET THAT JESUS WAS AN

                                         174



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    IMMIGRANT.  JESUS WAS A MAN OF COLOR.  JESUS HAD TO UNDERSTAND THE

                    IMPACT OF WHAT HAPPENS RIGHT NOW AND HE WAS THE ULTIMATE

                    DREAMER.

                                 SO, WE COME HERE TODAY TO REMIND PEOPLE THAT THIS IS

                    WHY WE ARE HERE.  WE ARE HERE TO SERVE THE LEAST OF THESE AND TO HELP

                    THE PEOPLE.  WE GET TO GO HOME TONIGHT SAYING THAT WE FULFILLED THE

                    DREAM IN MANY WAYS OF DR. KING LIVING OUT A LEGACY AND SHOWING THE

                    YOUNG PEOPLE THAT YOU CAN GO TO SCHOOL AND GRADUATE FROM SCHOOL AND

                    EVERYTHING WILL BE OKAY.

                                 SO, IN HONOR OF THOSE IMMIGRANTS IN OUR DISTRICTS, IN

                    HONOR OF MY STAFFERS WHO HAVE BEEN LIVING IN THE SHADOWS FOR YEARS, IN

                    THE HONOR OF THOSE THAT COME FROM THE BRONX OR WHEREVER YOU MAY BE

                    IN NEW YORK CITY OR ACROSS OUR COUNTRY, I PROUDLY VOTE IN THE

                    AFFIRMATIVE BECAUSE WE HONOR THE PERALTA FAMILY, WE HONOR THE PEOPLE,

                    WE HONOR THE DREAMERS TODAY.

                                 ACTING SPEAKER AUBRY:  MR. BLAKE IN THE

                    AFFIRMATIVE.

                                 MS. JOYNER.

                                 MS. JOYNER:  THANK YOU, MR. SPEAKER.  TODAY, I

                    RISE IN SUPPORT OF THE DREAM ACT.  I COMMEND THE SPONSOR OF THIS

                    LEGISLATION FOR HER LEADERSHIP ON THIS CRITICAL PIECE OF LEGISLATION.

                                 THIS -- TODAY WE WILL OPEN THE DOORS OF EDUCATIONAL

                    OPPORTUNITY TO HUNDREDS OF MY CONSTITUENTS BY GIVING THEM A HAND UP,

                    NOT A HAND OUT, AND MAKING IT POSSIBLE FOR THEM TO EARN THE COLLEGE

                    DEGREE THEY LONG ASPIRED TO.  IT IS -- IT IS AN INVESTMENT IN THEIR FUTURE

                                         175



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    AND THE FUTURE OF OUR STATE.  JUST AS I HAVE BENEFITTED FROM PARTICIPATING

                    IN THE EOP PROGRAM, WHICH WAS ESTABLISHED BY THIS BODY MORE THAN

                    FIVE DECADES AGO, IT WOULD NOT -- I WOULD NOT BE HERE TODAY IF IT WAS

                    NOT FOR THE EOP PROGRAM.  TODAY, WE ARE GIVING BACK TO EVEN MORE

                    STUDENT -- EVEN MORE STUDENTS WHO WILL STAND TO BENEFIT FROM THE

                    DREAM ACT.  I AM PROUD THAT WE ARE HONORING THE LIFE OF JOSÉ PERALTA

                    IN THIS MANNER AND I PROUDLY CAST MY VOTE IN THE AFFIRMATIVE TODAY.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. JOYNER IN THE

                    AFFIRMATIVE.

                                 MS. ROSENTHAL.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I RISE IN SUPPORT OF THE JOSÉ PERALTA NEW YORK STATE

                    DREAM ACT, AND I WOULD LIKE TO COMMEND MY COLLEAGUES, THE

                    CURRENT SPONSOR, AS WELL AS PAST SPONSORS, WHO GAVE THEIR ALL TO SEE THAT

                    THIS BILL BECOMES A LAW, WHICH IT WILL SOON AS THE GOVERNOR SIGNS IT.

                                 YOU KNOW, FOR MANY YEARS WE'VE TRIED TO PASS THIS BILL

                    INTO LAW, AS THE HATRED AND XENOPHOBIA AROUND IMMIGRANTS HAS

                    CONTINUED TO RISE.  AT THE HIGHEST LEVELS OF GOVERNMENT SITS A PERSON

                    WHO DEMONIZES IMMIGRANTS, WHO REFERS TO THEM AS CRIMINALS AND HAS

                    CHOSEN TO SHUT DOWN THE FEDERAL GOVERNMENT IN AN ATTEMPT TO BUILD A

                    WALL MEANT TO KEEP IMMIGRANTS OUT.  BUT THAT'S NOT WHO WE ARE AS

                    AMERICANS AND, CERTAINLY, NOT AS NEW YORKERS.  AMERICA IS A LAND OF

                    IMMIGRANTS, EACH OF US ORIGINATING SOMEWHERE ELSE, AND WE MUST JUST

                    ACCEPT THAT FACT.  I AM THE DAUGHTER AND THE GRANDDAUGHTER OF

                                         176



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    IMMIGRANTS WHO HAD TO FLEE THE NIGHTMARE OF NAZI GERMANY, BUT THEY

                    CAME TO AMERICA TO REALIZE THEIR AMERICAN DREAM.  AND WHY WOULD

                    WE DEPRIVE PEOPLE WHO SO EARNESTLY JUST WANT TO CONTRIBUTE TO SOCIETY

                    AND GET A GOOD EDUCATION SO THEY CAN BECOME PRODUCTIVE, CREATIVE,

                    ABLE MEMBERS JUST TO BE TOLD, NO, YOU ARE NOT WORTHY.  YOU ARE NOT A

                    PERSON.  THAT IS NOT WHO WE ARE IN AMERICA, THAT'S NOT WHO WE ARE IN

                    NEW YORK AND SO I'M SO PROUD TO CAST MY VOTE IN THE AFFIRMATIVE TO

                    ENSURE THAT THE YOUNG DREAMERS GET THEIR CHANCE AT THEIR AMERICAN

                    DREAM.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL IN THE

                    AFFIRMATIVE.

                                 MR. CRESPO.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  YOU'VE HEARD ME EXPLAIN WHY I'M PASSIONATE ABOUT THIS

                    ISSUE, BUT I'VE ALSO BEEN BLESSED TO BE SO CLOSE TO THE ACTION IN REGARDS

                    TO THIS LEGISLATION AND TO BE CLOSE FRIENDS WITH SOMEBODY WHO WORKED

                    SO HARD TO SEE IT THROUGH.  AND I'M GLAD TO SEE THAT COUNCILMEMBER

                    MOYA IS HERE WITH US.  I'M GRATEFUL FOR THE LEADERSHIP OF

                    ASSEMBLYWOMAN DE LA ROSA FOR HER CLARITY IN EXPLAINING THE BILL AND

                    DEALING WITH THE OPPOSITION, FOR MAKING IT CLEAR THAT WE BELIEVE IN

                    DREAMERS.  I'M HAPPY TO SEE THE DREAMERS THAT ARE HERE TO MAKE

                    HISTORY.

                                 BUT I -- I WANT TO SHARE THAT WHEN I CAME HERE IN 2009

                    AS IN INTERN, I GOT TO KNOW A YOUNG MAN NAMED JOSÉ PERALTA, HE WAS

                    YET TO BE ELECTED.  AND WE BECAME CLOSE FRIENDS.  HE WAS SOMEBODY

                                         177



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    WHO INSPIRED ME IN TERMS OF PUBLIC SERVICE.  I WATCHED HIM GET ELECTED

                    IN 2010.  WE CELEBRATED WHEN HE WENT TO THE SENATE, FIRST DOMINICAN

                    IN THE SENATE.  HIS SMILE WAS CONTAGIOUS.  HIS FIGHT FOR OUR COMMUNITY

                    WAS CONTAGIOUS.  HIS PASSION FOR PUBLIC SERVICE WAS CONTAGIOUS.

                    TODAY, WE WILL CLAP AT THE END OF THIS AND CELEBRATE PASSAGE OF A

                    HISTORIC BILL FOR SO MANY IMMIGRANTS, MY FAMILY INCLUDED, BUT IT WILL

                    ALSO -- LET IT ALSO BE AN APPLAUSE, A THUNDEROUS APPLAUSE TO CELEBRATE

                    THE LIFE AND LEGACY OF A MAN WHO GAVE HIMSELF TO THE COMMUNITY, WHO

                    FOUGHT FOR THIS ISSUE LIKE HE FIGHTS FOR ALL IMMIGRANTS AND NEW

                    YORKERS.  JOSÉ, YOU SHOULD HAVE BEEN IN THIS CHAMBER TODAY.  I KNOW

                    YOUR SPIRIT IS, AND I JUST WANT TO SAY, GRACIAS AMIGO. (SPEAKING

                    SPANISH).  BECAUSE YOUR WORK HAS LED US TO THIS DAY.  THANK YOU, JOSÉ

                    PERALTA.  THANK YOU, MR. SPEAKER, FOR HAVING THE VISION TO BRING US TO

                    THIS DAY.

                                 ACTING SPEAKER AUBRY:  MR. CRESPO IN THE

                    AFFIRMATIVE.

                                 (APPLAUSE)

                                 ASSEMBLYMEMBER FERNANDEZ.

                                 MS. FERNANDEZ:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE AND EXCUSE MY TEARS, BUT YOUR WORDS

                    WERE BEAUTIFUL, MR. CRESPO.

                                 THE JOSÉ PERALTA DREAM ACT IS A NECESSARY STEP FOR

                    MORE -- FOR A MORE INCLUSIVE SOCIETY.  WE SHOULD NOT BE DENYING THOSE

                    WHO SEEK AN EDUCATION THE OPPORTUNITY TO EARN THAT EDUCATION.  THIS IS

                    WHY WE ARE ALL HERE.  THIS IS WHAT OUR FAMILIES CAME HERE TO DO, FOR THE

                                         178



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    OPPORTUNITY TO HAVE A BETTER LIFE, A BETTER LIFE FOR THEIR KIDS AND FOR EACH

                    OTHER.  I KNOW THAT'S WHAT MY PARENTS DID, AND THAT'S WHAT MANY OF

                    YOUR PARENTS AND ANCESTORS DID.  AND THIS BILL THAT SERVICES THOUSANDS

                    OF STUDENTS WHO ARE TRYING TO LEARN, TRYING TO GIVE BACK, TRYING TO BETTER

                    THEMSELVES AND BETTER THE STATE, TO BETTER THEIR HOME, THIS GIVES THEM

                    THE OPPORTUNITY, AN OPPORTUNITY THAT EVERYONE IN THE STATE IS ENTITLED

                    TO.

                                 SO I'D LIKE TO THANK THE DYNAMIC SPONSOR, THE SPONSOR

                    BEFORE HER FOR FIGHTING FOR THIS ISSUE.  I HAVE TO THANK THE LATE JOSÉ

                    PERALTA FOR, AGAIN, PUTTING YOUR LIFE FOR THIS CAUSE AND FOR MANY PEOPLE

                    IN THE STATE.  AND THANK YOU TO THE ACTIVISTS WHO NEVER GAVE UP AND

                    TRUSTED THAT WE WOULD GET THIS DONE FOR YOU.  IT HAS BEEN AN HONOR TO

                    SERVE AND TO BE ABLE TO FIGHT FOR YOU AND WITH YOU.  AND WITH THAT, I

                    PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  ASSEMBLYMEMBER

                    FERNANDEZ IN THE AFFIRMATIVE.

                                 ASSEMBLYMEMBER ARROYO.

                                 MRS. ARROYO:  THANK YOU, MR. SPEAKER.  I WANT TO

                    THANK AND ASK GOD TO GIVE HIS BENEDICTION TO FRANCISCO MOYA THAT HAD

                    A DREAM.  YOUR DREAM CAME TRUE.  AND I REMEMBER WHEN OUR FRIEND

                    AND BROTHER, JOSÉ PERALTA, WAS TOGETHER HERE WITH THOSE THINKING AND

                    PLANNING FOR THE FUTURE OF THE DREAMERS.  TODAY, I THANK THE

                    SPEAKER, CARL HEASTIE, FOR HIS LEADERSHIP IN HELPING THOSE TO GET

                    TOGETHER TODAY TO MAKE THIS A REALITY.

                                 AT THIS MOMENT, I WOULD LIKE TO TELL THE FAMILY OF JOSÉ

                                         179



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    PERALTA, HIS WIFE AND CHILDREN, HIS MOTHER, PEOPLE THAT LOVE HIM AND

                    THAT MISS HIM EVERY DAY, WE MISS HIM, TOO, BUT WE ARE PERPETUATING HIS

                    NAME IN THE NAME -- IN THE TITLE OF THIS BILL, BECAUSE JOSÉ PERALTA WAS A

                    REAL LEADER AND YOU HAVE TO BE PROUD TO BE PART OF HIM.  THANK YOU,

                    MR. SPEAKER.  I VOTE IN FAVOR.

                                 ACTING SPEAKER AUBRY:  MRS. ARROYO IN THE

                    AFFIRMATIVE.

                                 MS. SOLAGES.

                                 MS. SOLAGES:  I STAND TO EXPLAIN MY VOTE.  I REALLY

                    JUST WANT TO STAND AND REALLY COMMEND THE CHAMPIONS AND SPONSORS OF

                    THIS LEGISLATION.  TO SPEAKER HEASTIE, THANK YOU SO MUCH FOR ALWAYS,

                    YOU KNOW, FOLLOWING UP AND MAKING SURE THAT THIS IS A PRIORITY.  TO THE

                    TWO SPONSORS, THE CURRENT AND THE FORMER, THANK YOU FOR YOUR TENACITY,

                    YOUR PATIENCE, AS WELL AS YOUR COURAGE.  I'VE BEEN AROUND THE TABLE

                    WITH YOU AND TO REALLY, YOU KNOW, BEEN ON THE TABLE DURING

                    NEGOTIATIONS, DISCUSSIONS, AND THIS IS A LONG TIME COMING.  IT FEELS GOOD

                    TODAY.

                                 AND SO TODAY, WE SEND A CLEAR MESSAGE THAT WE

                    PRIORITIZE THE EDUCATION OF ALL STUDENTS.  TODAY, WE SEND A CLEAR

                    MESSAGE AND WE JOIN OTHER STATES OF BOTH DEMOCRATIC AND REPUBLICAN

                    PERSUASION SAYING THAT WE NEED TO EDUCATE ALL OUR STUDENTS REGARDLESS

                    OF THEIR IMMIGRATION STATUS, REGARDLESS OF WHERE THEY CAME FROM

                    BECAUSE WE BELIEVE THAT WE ARE ALL AMERICANS AND WE ARE ALL NEW

                    YORKERS.  TODAY, WE SAY THAT ALL NEW YORKERS -- WE SAY WITH ALL NEW

                    YORKERS THAT NO ONE DESERVES TO BE IN THE SHADOWS.  WE UPLIFT YOU, WE

                                         180



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    HOLD OUR HAND OUT TO YOU BECAUSE WE ARE ALL TOGETHER AS ONE, UNITED.

                                 I AM PROUD TODAY THAT WE ARE REPRESENTING NEW YORK

                    VALUES.  SO, CONGRATULATIONS, TO ALL THE ADVOCATES, TO ALL THE

                    DREAMERS, BECAUSE IT'S A NEW DAY IN THE STATE LEGISLATURE.  I

                    WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES IN THE

                    AFFIRMATIVE.

                                 MR. TAYLOR.

                                 MR. TAYLOR:  GOOD AFTERNOON, SPEAKER, THANK YOU.

                    I RISE TO CONGRATULATE THE FORMER AND CURRENT SPONSOR OF THIS BILL, TO

                    JOSÉ PERALTA FAMILY, HIS WIFE, HIS CHILDREN AND HIS MOTHER.

                                 I'M ENCOURAGED TODAY.  THERE'S SO MUCH ENTHUSIASM

                    AND EXCITEMENT HAPPENING.  THESE DREAMERS HAVE DONE THE HARD

                    WORK.  THEY'VE DONE THE PRIMARY EDUCATION.  THEY'VE GONE FROM K-12

                    AND TODAY, WE HONOR THEM.  WE GIVE THEM BACK THEIR LIFE.  THIS IS IN --

                    IN THE ECONOMIC WORLD, THIS IS ROI, "RETURN ON INVESTMENT".  WE'VE

                    INVESTED IN THESE KIDS - THESE YOUNG PEOPLE, I APOLOGIZE - AND NOW

                    THEY'RE GOING TO GO ON AND THEY'RE GOING TO MAKE US EVEN PROUDER THAN

                    WHAT THEY'VE DONE BEFORE.  AND I DON'T THINK ANYONE, REGARDLESS OF

                    THEIR SKIN, THEIR RELIGION OR THEIR SEXUAL ORIENTATION SHOULD BE DENIED AN

                    OPPORTUNITY TO MOVE AHEAD SIMPLY BECAUSE SOMEONE SAYS THEY DON'T

                    MATTER OR THEY DON'T MEASURE UP.  I THINK THIS IS LEVELING THE PLAYING

                    FIELD AND I'M EXCITED TO BE A PART OF THIS HISTORY.

                                 AND IF WE'RE GOING TO KEEP IN THE SPIRIT OF DR. KING,

                    AND -- AND I'M GOING TO SHARE THIS AGAIN, IN ORDER FOR EVIL TO ADVANCE, IT

                                         181



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    JUST MEANS GOOD PEOPLE DO NOTHING.  AND WE HAVE ALL OF THESE

                    DREAMERS, AND I THINK IT'S $27 BILLION THAT THEY'VE CONTRIBUTED AND

                    WE'RE ASKING THEM -- I'M SORRY, SORRY -- THEY'VE CONTRIBUTED OVER $27- --

                    $100-SOME-ODD MILLION AND WE'RE ASKING FOR $27 BILLION.  I THINK WE'RE

                    GETTING A RETURN ON OUR INVESTMENT.  SO I STAND AND I WITHDRAW AND I

                    SUPPORT THIS -- THIS LEGISLATION.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. TAYLOR IN THE

                    AFFIRMATIVE, MATH NOTWITHSTANDING.

                                 (APPLAUSE)

                                 MS. SIMON.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  I WANT TO COMMEND THE SPONSORS, THE

                    DREAMERS, THE ADVOCATES WHO HAVE BEEN FIGHTING FOR THIS FOR SO LONG.

                    AS MANY PEOPLE HAVE MENTIONED, ALL OF US HERE ARE DESCENDED FROM

                    PEOPLE WHO CAME TO THE UNITED STATES SEEKING A BETTER LIFE.  WHEN MY

                    GRANDPARENTS CAME HERE, THEY DIDN'T SPEAK ENGLISH; THEY NEVER DID.

                    THEY HAD A FUNNY SOUNDING LAST NAME, BUT EDUCATION WAS WHAT THEY

                    GAVE TO THEIR CHILDREN.  IN THOSE DAYS, A HIGH SCHOOL DIPLOMA WAS ALL

                    YOU NEEDED AND IT WAS FREE.  BUT EDUCATION IS THE KEY TO AMERICAN

                    SUCCESS.  AND I AM JUST SO HONORED AND PROUD TO BE ABLE TO VOTE FOR

                    THIS BILL TONIGHT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 MR. MOSLEY.

                                 MR. MOSLEY:  THANK YOU, TO EXPLAIN MY BILL [SIC],

                                         182



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    MR. SPEAKER.  I WANT TO THANK, FIRST AND FOREMOST, THE LEADERSHIP FOR

                    COUPLING THE RESOLUTION OF DR. KING ALONG WITH THE DREAM ACT, THE

                    JOSÉ PERALTA DREAM ACT, AND HAVING THE FORESIGHT TO UNDERSTAND THE

                    CORRELATION BETWEEN THE TWO.

                                 IN THE WORDS OF DR. KING, "NOW I STAND TODAY, MY

                    FRIENDS, EVEN THOUGH WE FACE --" A DIFFICULT -- "DIFFICULTIES OF TODAY AND

                    TOMORROW, I STILL HAVE A DREAM.  IT'S A DREAM DEEPLY ROOTED IN THE

                    AMERICAN DREAM.  I HAVE A DREAM THAT ONE DAY THIS NATION WILL RISE UP

                    AND LIVE OUT THE TRUE MEANING OF ITS CREED:  WE HOLD THESE TRUTHS TO BE

                    SELF-EVIDENT, THAT ALL MEN AND WOMEN ARE CREATED EQUAL."

                                 THE JOSÉ PERALTA DREAM ACT IS ABOUT OPPORTUNITIES

                    FOR YOUNG PEOPLE, ALL YOUNG PEOPLE AND AS I STAND HERE TODAY, A FATHER

                    OF TWO, I COULD NEVER IMAGINE SOMEONE THWARTING THEIR -- THE

                    OPPORTUNITY TO GO ON TO COLLEGE JUST BECAUSE OF THEIR POINT OF ORIGIN.  I

                    THANK THE SPEAKER FOR HIS DILIGENCE AND HIS LEADERSHIP, FOR OUR BILL

                    SPONSOR HERE IN THE ASSEMBLY AND OUR PREVIOUS BILL SPONSOR,

                    COUNCILMEMBER MOYA, TO OUR FORMER COLLEAGUE SENATOR SEPULVEDA, TO

                    OUR SENATE MAJORITY LEADER ANDREA STEWART-COUSINS AND, OF COURSE,

                    FINALLY LAST, BUT CERTAINLY NOT LEAST, TO OUR DEAR FRIEND, FORMER

                    ASSEMBLYMEMBER AND SENATOR JOSÉ PERALTA WHO FOUGHT SO HARD FOR

                    THIS BILL IN THE SENATE.  AND, UNFORTUNATELY, HE'S NOT HERE, BUT AS MY

                    COLLEAGUE SO NOTED, I KNOW HIS SPIRIT IS IN THESE HALLS.

                                 I'M A PROUD MEMBER OF THIS BODY, PROUDER TODAY THAN

                    PROBABLY ANY OTHER DAY, BECAUSE AS SO NOTED BY MY COLLEAGUE FROM

                    LONG ISLAND, WE ARE LIVING IN A NEW NEW YORK, A NEW NORMAL THAT

                                         183



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    CAME ABOUT ONLY BECAUSE OF THE COURAGEOUS ACTS OF MEN AND WOMEN

                    LIKE SENATOR PERALTA.  IT IS MY HONOR THAT I PROUDLY SUPPORT THIS BILL AND

                    VOTE IN THE AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MOSLEY IN THE

                    AFFIRMATIVE.

                                 MS. FAHY.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER, I RISE TO

                    EXPLAIN MY VOTE.  AND I AM RISING IN SUPPORT OF THIS MEASURE.  I SPOKE

                    A NUMBER OF YEARS AGO WHEN I FIRST CAME TO THIS BODY, SIX YEARS AGO,

                    ON THIS BILL.  I THINK AT THAT TIME I WAS ONE OF THE FEW UPSTATE MEMBERS

                    TO SPEAK ABOUT IT, BUT I FELT IT WAS IMPORTANT TO SPEAK BECAUSE I, TOO,

                    AM A FIRST-GENERATION AMERICAN, I'M FIRST-GENERATION COLLEGE; I'M EVEN

                    FIRST-GENERATION HIGH SCHOOL.  AND I OFTEN THINK THAT, "THERE BUT FOR THE

                    GRACE OF GOD GO I", AS I THINK ABOUT THE DREAMERS AND SO MANY

                    OTHERS THAT WE HAVE TALKED ABOUT TODAY.

                                 BUT I -- I REMEMBER THAT MY PARENTS CAME HERE FOR THE

                    EXACT SAME REASONS THAT SO MANY OTHERS, THE UNIVERSAL GOALS:  THAT THEY

                    WOULD HAVE A CHANCE AT A JOB AND THAT THEIR CHILDREN WOULD HAVE A

                    CHANCE AT AN EDUCATION.  AND IT'S FUNNY THAT WAS NOW ALMOST 70 YEARS

                    AGO, BUT THOSE ARE STILL VERY, VERY UNIVERSAL GOALS WITH THOSE THAT COME

                    TO THESE SHORES AND, CERTAINLY, WITH THE DACA STUDENTS OR -- OR

                    CHILDREN, THEY CAME HERE WITHOUT -- OFTEN WITHOUT ANY INPUT INTO THAT

                    DECISION.

                                 BUT IT IS SAD AS WE SEE SOME OF THESE DEBATES PLAY OUT

                    THAT WE HAVE OFTEN FORGOTTEN WHERE WE COME FROM AND, IN THE END,

                                         184



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    THOUGH, THIS IS -- THIS IS MORE THAN GIVING OTHERS AN OPPORTUNITY.  I TRY

                    TO LOOK -- I ALWAYS TRY TO LOOK AT THINGS FROM AN ECONOMIC STANDPOINT,

                    ESPECIALLY AS AN UPSTATE NEW YORKER, AND, IN THE END, EVEN IF I

                    SEPARATE THE EMOTIONS AND I SEPARATE MY OWN PERSONAL STORY, THIS JUST

                    MAKES ECONOMIC SENSE.  SO, I SEE THIS AS A -- A SMALL INVESTMENT WITH A

                    TREMENDOUS PAYOUT, AND THAT IS EDUCATING SOME OF OUR MOST DRIVEN,

                    DRIVEN RESIDENTS HERE IN NEW YORK AND GIVING THEM A CHANCE AT AN

                    OPPORTUNITY THAT SO MANY OF US HAVE HAD.  I ALSO SEE THIS AS -- IN SOME

                    WAY, SOME SMALL MEASURE, A WAY TO PAY IT FORWARD FOR THE

                    OPPORTUNITIES THAT MY PARENTS WERE GIVEN.

                                 WITH THAT, I STAND AND I VOTE IN THE AFFIRMATIVE.  I

                    THANK THE SPONSORS, THE PREVIOUS SPONSORS AND I HOPE IT IS OF SOME

                    SOLACE TO SENATOR PERALTA'S FAMILY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MR. WEPRIN.

                                 MR. WEPRIN:  THANK YOU, MR. SPEAKER, I'D LIKE TO

                    BE EXCUSED FROM VOTING TO EXPLAIN MY VOTE.  MY MOTHER CAME TO ELLIS

                    ISLAND IN 1938 AT THE AGE OF EIGHT WITH HER PARENTS.  THE RULES WERE A

                    LITTLE DIFFERENT BACK THEN, AND I'M NOT SURE ALL THEIR PAPERS WERE IN

                    ORDER.  BUT SHE GOT A PUBLIC SCHOOL EDUCATION IN BROOKLYN AND SHE

                    WENT ON TO BROOKLYN COLLEGE AND GOT A MASTER'S -- UNDERGRADUATE AND

                    MASTER'S DEGREE ALL FOR FREE BACK THEN.  MY MOTHER, IN HER OWN WAY,

                    WAS A DREAMER, BUT MY ASSEMBLY DISTRICT HAS OVER 50 PERCENT

                    FIRST-GENERATION IMMIGRANTS AND I CAN JOIN IN THAT DEBATE THAT WE HEARD

                                         185



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    FROM ONE OF OUR COLLEAGUES ABOUT WHOSE DISTRICT IS MORE DIVERSE.

                                 BUT, SO MANY OF THOSE NEW IMMIGRANTS ARE REALLY

                    DREAMERS AND IT IS APPROPRIATE THAT WE ARE DOING THIS BILL THE SAME

                    DAY AS THE RESOLUTION COMMEMORATING THE ULTIMATE DREAMER, DR. --

                    THE REVEREND DR. MARTIN LUTHER KING, JR.  WE ALL KNOW ABOUT HIS

                    DREAM.  THIS IS PROBABLY -- THIS IS MY TENTH YEAR HERE, THIS IS PROBABLY

                    ONE OF MY PROUDEST VOTES THAT I WILL BE CASTING.  I WANT TO THANK THE

                    PREVIOUS SPONSORS AND THE CURRENT SPONSOR OF THIS BILL, AND I ALSO WANT

                    TO SAY TO THE PERALTA FAMILY, JOSÉ WAS A FRIEND OF MINE AND THIS IS TRULY

                    AN ETERNAL LEGACY FOR HIS MEMORY.  I WITHDRAW MY REQUEST AND PROUDLY

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IT'S BEEN A LONG DAY.  WE DO HAVE ONE OTHER PIECE OF BUSINESS

                    ON OUR AGENDA.  THERE IS A RESOLUTION FROM OUR COLLEAGUE, MS.

                    WILLIAMS, WHICH SHE WISHES TO BE HEARD ON, AND THEN IMMEDIATELY

                    FOLLOWING MS. WILLIAMS' COMMENTS, WE WILL ASK FOR MR. OTIS TO MAKE A

                    BRIEF ANNOUNCEMENT.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.

                                         186



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 SHH, PLEASE.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 49, MS.

                    WILLIAMS.  LEGISLATIVE RESOLUTION RECOGNIZING JANUARY 24TH, 2019 AS

                    INTERNATIONAL DAY OF EDUCATION.

                                 ACTING SPEAKER AUBRY:  MS. WILLIAMS ON THE

                    RESOLUTION.

                                 MS. WILLIAMS:  ON THE RESOLUTION AND, THANK YOU,

                    MR. SPEAKER.

                                 ON THIS VERY MOMENTOUS DAY, I THINK -- AND I RISE

                    BECAUSE THE IMPETUS OF COLLEGIATE CONGRESS AND WITH THE GOAL OF

                    STRESSING THE NEED AND IMPORTANCE OF GLOBAL EDUCATION, A PROPOSAL WAS

                    SUBMITTED TO THE UNITED NATIONS MEMBER STATES TO PRESENT TO THE

                    GENERAL ASSEMBLY TO OBSERVE AN INTERNATIONAL DAY OF EDUCATION.  ON

                    DECEMBER 3RD, THE UNITED NATIONS GENERAL ASSEMBLY ADOPTED WITH

                    CONSENSUS A RESOLUTION PROCLAIMING JANUARY 24TH AS INTERNATIONAL DAY

                    OF EDUCATION IN CELEBRATION OF RULE OF EDUCATION FOR PEACE AND

                    DEVELOPMENT.

                                 THIS RESOLUTION WAS CO-AUTHORED BY NIGERIA AND 58

                    OTHER MEMBER STATES.  THE IMPORTANCE OF RECOGNIZING THIS DAY STRESSES

                    THAT EDUCATION PLAYS A KEY ROLE IN BUILDING SUSTAINABLE AND RESILIENT

                    SOCIETIES AND CONTRIBUTES TO THE ACHIEVEMENT OF ALL.  THROUGH THIS

                    RECOGNIZED DAY, THE INTERNATIONAL DAY OF EDUCATION, SHALL INCREASE

                    PRODUCTIVITY OF INDIVIDUALS AND STRENGTHEN THE POTENTIAL FOR ECONOMIC

                    GROWTH; DEVELOP THE SKILLS NEEDED FOR DECENT WORK, INCLUDING IN THE

                    FIELDS OF WATER AND SANITATION, GREEN ENERGY AND CONSERVATION OF

                                         187



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                    NATURAL RESOURCES; HELP TO ERADICATE POVERTY AND HUNGER AND

                    CONTRIBUTES TO IMPROVED HEALTH, PROMOTES GENDER EQUALITY AND CAN

                    REDUCE INEQUALITY; PROMOTES PEACE, THE RULE OF THE LAW AND RESPECT FOR

                    HUMAN RIGHTS.

                                 MY COLLEAGUES, NEW YORK STATE UNDERSTANDS THE

                    IMPORTANCE OF THE RIGHT FOR ALL TO HAVE AN EDUCATION AND ON THIS VERY

                    MOMENTOUS DAY OF THIS DREAM ACT AND HOW THE STATE CAN FURTHER THE

                    WELL-BEING TO BOTH THE STATE OF NEW YORK, OUR GREAT NATION AND THE

                    WORLD AS A WHOLE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 WE HAVE -- WE HAVE NUMEROUS OTHER RESOLUTIONS

                    WHICH WE WILL TAKE UP WITH ONE VOTE.  ON THE RESOLUTIONS, ALL THOSE IN

                    FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 50-52 WERE

                    UNANIMOUSLY APPROVED.)

                                 MR. -- MR. OTIS.

                                 MR. OTIS:  THERE WILL BE AN IMMEDIATE AND

                    EFFICIENTLY-RUN DEMOCRATIC CONFERENCE HELD IMMEDIATELY UPON THE

                    GRAVEL BEING STRUCK.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  FROM YOUR MOUTH TO

                    GOD'S EARS.

                                 (LAUGHTER)

                                         188



                    NYS ASSEMBLY                                                JANUARY 23, 2019

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I NOW

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, JANUARY 24TH,

                    TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE ON JANUARY

                    28TH AT 2:00 P.M., THAT MONDAY BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 6:07 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL THURSDAY, JANUARY 24TH, THURSDAY BEING A LEGISLATIVE

                    DAY, AND TO RECONVENE ON MONDAY, JANUARY 28TH AT 2:00 P.M., MONDAY

                    BEING A SESSION DAY.)





























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