WEDNESDAY, JUNE 10, 2020 11:02 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

MRS. PEOPLES-STOKES.

OH, EXCUSE ME. A QUORUM -- LET'S REMEMBER WE NEED

A QUORUM. A QUORUM BEING PRESENT, THE CLERK WILL READ THE JOURNAL OF

TUESDAY, JUNE 9TH.

NYS ASSEMBLY JUNE 10, 2020

MRS. PEOPLES-STOKES.

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

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF JUNE THE 9TH

AND ASK THAT SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO BRING A QUOTE TODAY ON -- I'M A HISTORY BUFF, I LIKE

READING HISTORY, IT TELLS YOU SO MUCH. THIS QUOTE, MR. SPEAKER, TODAY

IS FROM A WOMAN WHOSE NAME IS ELIZABETH FREEMAN. SHE WAS BORN

ELIZABETH -- NO, SHE WAS BORN "MUM BETT". SHE BECAME THE FIRST

AFRICAN-AMERICAN WOMAN TO SUCCESSFULLY FILE A LAWSUIT FOR HER

FREEDOM. MR. SPEAKER, IT HAPPENED IN 1781. THE QUOTE FROM MS.

ELIZABETH TODAY IS, "ANY TIME, ANY TIME WHILE I WAS A SLAVE, IF ONE

MINUTE'S FREEDOM HAD BEEN OFFERED TO ME, AND I HAD BEEN TOLD THAT I

MUST DIE AT THE END OF THAT MINUTE, I WOULD HAVE TAKEN IT - JUST TO STAND

ONE MINUTE ON GOD'S EARTH A FREE WOMAN - I WOULD" HAVE TAKEN IT

[SIC]. AGAIN, MR. SPEAKER, THAT'S ELIZABETH FREEMAN. TO ME, HER

WORDS ARE VERY POWERFUL AND IT SPEAKS VERY MUCH ABOUT A LOT OF THE

WORK THAT WE ARE TRYING DO HERE TODAY AND WE'VE BEEN DOING ALL WEEK,

AND THE WORK THAT AMERICA HAS YET TO DO. BUT I FEEL FULLY CONFIDENT

THAT AS AMERICANS WE'RE CAPABLE AND WE CAN GET IT DONE.

SO, WITH THAT, MR. SPEAKER, I WANT TO WELCOME ALL

WHO ARE WITHIN OUR CHAMBERS, AND THOSE WHO ARE HERE REMOTELY, AS

NYS ASSEMBLY JUNE 10, 2020

WELL. THE MEMBERS DO HAVE ON THEIR DESK THE MAIN CALENDAR. THE

COMMITTEES HAVE MET THIS MORNING AND HAVE PRODUCED THE A-CALENDAR

AND AT THIS TIME, MR. SPEAKER, I WOULD LIKE TO ADVANCE THAT

A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES: AS MENTIONED YESTERDAY

AND THE DAY BEFORE, MR. SPEAKER, WE WILL BEGIN BY TAKING UP THE

FOLLOWING CALENDAR RESOLUTIONS. WE'RE GOING TO DO A FEW OF THEM

INDIVIDUALLY AND THEN AS STATED BEFORE RECENTLY, WE'RE GOING TO TAKE UP

THE REMAINDER OF THEM ALL WITH ONE VOTE. SO, WE'RE GOING TO TAKE 88 --

NO. 887 BY MR. RA, NO. 918 BY MS. GLICK, NO. 936 BY MR. DESTEFANO,

AND NOS. 941 AND 942, BOTH ARE BY MR. BYRNE. THE REMAINING

RESOLUTIONS WILL BE TAKEN UP WITH ONE SINGLE VOTE. OUR PRINCIPAL WORK

OF THE DAY WILL BE TO TAKE UP TWO REMAINING BILLS THAT ARE A PART OF OUR

POLICE COMMUNITY RELATIONS PACKAGE, RULES REPORT NO. 68 BY MR.

PERRY AND RULES REPORT NO. 108 BY MR. -- EXCUSE ME, NO. 108 BY MR.

TAYLOR, AND RULES REPORT NO. 151 BY MR. TAYLOR AS WELL. WE WILL

CONTINUE CONSENTING BILLS FROM THE MAIN CALENDAR, SPECIFICALLY RULES

REPORT NO. 106 THROUGH 127. WE WILL ALSO TAKE UP SEVERAL LOCAL BILLS

FROM THE MAIN CALENDAR, AS WELL AS TAKE UP SOME BILLS FROM THE

A-CALENDAR.

I WOULD LIKE TO REMIND MEMBERS THAT WE'LL BE

OPERATING UNDER THE SAME RULES WE'VE BEEN PRACTICING THE ENTIRE WEEK.

JUST A REMINDER, THOSE PARTICIPATING BY ZOOM SHOULD UTILIZE THE ZOOM

NYS ASSEMBLY JUNE 10, 2020

"RAISE HAND" FUNCTION WHEN YOU NEED TO BE RECOGNIZED FOR DEBATE

AND/OR TO EXPLAIN YOUR VOTE. AS IN OUR PREVIOUS REMOTE SESSIONS,

WHEN WE ARE ON A FAST ROLL CALL OR A PARTY VOTE, MEMBERS WISHING TO BE

AN EXCEPTION SHOULD CONTACT THEIR RESPECTIVE MAJORITY LEADER'S OFFICE

OR THE MINORITY LEADER'S OFFICE.

WITH THAT, MR. SPEAKER, I BELIEVE THAT WE ARE READY TO

PROCEED WITH OUR PROCEEDINGS AND OUR IMPORTANT WORK THAT'S BEFORE US

TODAY. SO, IF WE CAN GO TO RESOLUTIONS ON PAGE 4 STARTING WITH RESO

NO. 887, AND THEN WE'RE GOING TO FOLLOW THAT BY GOING TO THE MAIN

CALENDAR, WHICH IS ON PAGE 16, AND WE'RE GOING TO START OUR DEBATE

PROCESS WITH RULES REPORT NO. 68 BY MR. PERRY.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 887, MR.

RA. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 26, 2020, AS NEPHROTIC SYNDROME

AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. RA ON THE

RESOLUTION.

MR. RA: THANK YOU, MR. SPEAKER. LET ME SAY IT'S A

-- A LITTLE ODD TO BE SPEAKING ON A RESOLUTION PROCLAIMING A DAY THAT

HAPPENED A FEW MONTHS AGO. BUT AS WE DO SO OFTEN IN THIS CHAMBER,

YOU KNOW, WE -- WE DO RESOLUTIONS ON A LOT OF CAUSES IN -- IN A WAY TO

RAISE AWARENESS. AND NEPHROTIC SYNDROME, OR FSGS, IS SOMETHING --

NYS ASSEMBLY JUNE 10, 2020

IT'S -- IT'S A KIDNEY DISEASE AND DISORDER THAT I BECAME AWARE OF FROM A

CONSTITUENT A FEW YEARS AGO. AND, YOU KNOW, PARTICULARLY DURING THE

CIRCUMSTANCES WE'RE UNDER, THE CONSTITUENT WHO BROUGHT THIS TO MY

ATTENTION HAS -- HAS CERTAINLY DEALT WITH A LOT OF FEAR AND ANGST BECAUSE

OF THE COMPLICATIONS THAT THAT PUTS WHEN THERE'S A PUBLIC HEALTH

CONCERN OUT THERE, YOU KNOW, WITH A COMPROMISED IMMUNE SYSTEM

AND THE POTENTIAL FOR COMPLICATIONS SHOULD AN INDIVIDUAL LIKE THAT COME

DOWN WITH -- WITH SOMETHING LIKE THE COVID-19 VIRUS THAT HAS

IMPACTED SO MANY IN THIS STATE.

SO, I -- I DID WANT TO JUST RECOGNIZE JACKIE BOTTA WHO,

A FEW YEARS AGO, DESPITE ALL THESE CHALLENGES, GRADUATED FROM H. FRANK

CAREY HIGH SCHOOL IN FRANKLIN SQUARE, IS DOING WELL AND IS -- IS NOW

IN COLLEGE, IS -- IS THRIVING THROUGH ALL OF THIS. AND FOR, YOU KNOW, THE

VERY SMALL NUMBER OF PEOPLE THAT ARE DEALING WITH -- WITH THIS DISEASE,

I THINK IT'S IMPORTANT THAT WE -- WE CONTINUE TO RAISE AWARENESS. I HOPE

THAT THIS FALL THEY'RE ABLE TO HAVE THEIR ANNUAL WALK THAT THEY HAVE ON

LONG ISLAND THAT HAS GROWN MUCH LARGER EACH AND EVERY YEAR AS A

RESULT OF THE EFFORTS OF JACKIE'S MOTHER, MARLENE. AND, YOU KNOW, I

JUST WANT TO SAY THAT I'M -- I'M THINKING OF THEM AND ALL OF THE

INDIVIDUALS AND FAMILIES THAT -- THAT DEAL WITH NEPHROTIC SYNDROME.

AND, YOU KNOW, WE HOPE THAT THEY'RE MANAGING THE CURRENT SITUATION

WELL AND I'M THANKFUL FOR THE OPPORTUNITY TO RAISE AWARENESS OF THIS

DISEASE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

NYS ASSEMBLY JUNE 10, 2020

AYE.

MEMBERS: AYE.

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED.

RESOLUTION NO. 918, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 918, GLICK,

O'DONNELL, BRONSON, LIFTON, NOLAN, SEAWRIGHT. LEGISLATIVE RESOLUTION

MEMORIALIZING GOVERNOR M. CUOMO TO PROCLAIM JUNE 2020, AS GAY

PRIDE MONTH IN THE STATE OF NEW YORK.

MS. GLICK ON THE RESOLUTION.

MS. GLICK: THANK YOU, MR. SPEAKER. I RISE THIS DAY

TO -- IN SUPPORT OF THIS RESOLUTION WHICH HAS, CONSIDERING WHAT WE ARE

DISCUSSING IN THIS SESSION, A DIFFERENT TENOR THAN PERHAPS IN YEARS PAST.

I THINK IT'S IMPORTANT FOR THE MEMBERS TO KNOW THAT THE 1969 STONEWALL

UPRISING, WHICH WERE REFERRED TO AS RIOTS, BECAUSE IT WENT ON FOR A FEW

DAYS, REALLY WAS NOT THE -- IT WAS A -- VIEWED TODAY AS A MARKER FOR THE

MODERN LGBT MOVEMENT, BUT THERE WERE MANY YEARS AND

ORGANIZATIONS THAT EXISTED BEFORE IN AN ATTEMPT TO PUSH BACK ON THE

DISCRIMINATION AND THE OPPRESSION.

NOW, THE STONEWALL WAS A BAR FREQUENTED BY

TRANSGENDER PEOPLE OF COLOR AND OTHER MEMBERS OF THE LGBT

COMMUNITY. AND IT WAS REALLY BECAUSE OF THE SERIES OF RAIDS THAT HAD

GONE ON FOR YEARS AT GAY BARS, AND IT WAS THAT NIGHT THAT PEOPLE JUST

SAID, WE'RE NOT GOING TO TAKE IT ANYMORE. WE'RE TIRED. TIRED OF

JUMPING OUT OF WINDOWS. WE'RE TIRED OF BEING ROUNDED UP FOR NO OTHER

NYS ASSEMBLY JUNE 10, 2020

REASON THAN BECAUSE OF OUR SEXUAL ORIENTATION OR GENDER IDENTITY. AND

WHILE IT IS A MARKER, IT IS IMPORTANT TO KNOW THAT A YEAR LATER, IN 1970, A

YOUNG ARGENTINIAN MAN WHO WAS HERE ON AND HAS -- HIS STUDENT VISA

HAD EXPIRED, THERE WAS A RAID ON THE SNAKE PIT IN OCTOBER OF 1970,

MORE THAN A YEAR AFTER THE STONEWALL UPRISING, AND THERE WAS A RAID.

AND HE WAS TERRIFIED AND HE JUMPED OUT A SECOND FLOOR WINDOW, ONLY

TO BE IMPALED ON A FENCE, A SPIKED FENCE. AND WHILE HE SURVIVED, IT

WAS A -- AN INCREDIBLY IMPORTANT MARKER THAT IS NOT KNOWN BY HISTORY,

BECAUSE PEOPLE WERE SO APPALLED THAT THE RAIDS HAD CONTINUED AND THIS

YOUNG MAN HAD ALMOST LOST HIS LIFE OUT OF FEAR, FEAR OF LOSING HIS -- OF

BEING DEPORTED, BUT ALSO THE FEAR THAT PEOPLE FELT OF LOSING A JOB, LOSING

THEIR HOUSING.

AND IT IS IMPORTANT FOR THIS BODY TO REMEMBER THAT

NEW YORK STATE DID NOT PASS A BASIC CIVIL RIGHTS BILL FOR THE LESBIAN

AND GAY COMMUNITY UNTIL 2002. IN 1998, MATTHEW SHEPHERD WAS

MURDERED AND LEFT TO DIE OUT IN THE -- OUTSIDE OF LARAMIE BECAUSE HE

WAS GAY. THAT LED TO HATE CRIME LEGISLATION IN NEW YORK STATE AND

ACROSS THE COUNTRY. BUT THERE HAD BEEN, AND THERE CONTINUES TO BE

OPPRESSION AND DISCRIMINATION. AND THE STONEWALL UPRISING, WE

SHOULD MARK THAT AS REALLY LED BY TRANSGENDER WOMEN, MARSHA P.

JOHNSON, SYLVIA RIVERA, TRANSGENDER PEOPLE OF COLOR WHO STOOD UP AND

SAID, NO MORE. I WOULD NOTE THAT ALSO THIS YEAR, TWO GIANTS IN THE GAY

COMMUNITY PASSED, ONE WAS TERRENCE MCNALLY, A PLAYWRIGHT OF

EXTREME IMPORTANCE TO THE AMERICAN THEATER, AND LARRY KRAMER, WHO

WAS ALSO A PLAYWRIGHT, BUT MOST NOTABLY AN ACTIVIST DURING THE AIDS

NYS ASSEMBLY JUNE 10, 2020

CRISIS THAT HE ACTUALLY SAVED LIVES OF THOUSANDS, IF NOT TENS OF THOUSANDS

OF AMERICANS BY HIS INSISTENCE AND HIS REFUSAL TO ACCEPT BEING IGNORED

BY THE FEDERAL ADMINISTRATION. IT TOOK YEARS FOR RONALD REAGAN TO

UTTER THE WORDS AIDS, HIV AND AIDS. AND LARRY KRAMER WAS A

CO-FOUNDER OF THE GAY MEN'S HEALTH CRISIS, WHICH -- WHICH SUPPORTED

AND COUNSELED PEOPLE ON HEALTH CARE WHEN NO OTHER HEALTH CARE WAS

AVAILABLE, AND STARTED ACT UP AS A WAY OF PUSHING BACK. IT WAS

SIMILAR TO WHAT WE SEE TODAY WITH YOUNG ACTIVISTS PUSHING BACK HARD TO

SAY THE SYSTEM HAS TO CHANGE, AND ACT UP CHANGED THE WAY IN WHICH

DRUGS WERE MADE AVAILABLE AND LIVES WERE SAVED. IF IT HAD BEEN LEFT UP

TO THE GOVERNMENT, THEY WOULD NOT HAVE ADDRESSED THE AIDS CRISIS

FINALLY, BECAUSE THEY DIDN'T ADDRESS IT IN THE BEGINNING.

SO WHILE -- WHILE GAY PRIDE IS VIEWED AS A CELEBRATORY

TIME, IT IS ACTUALLY BORNE OF GREAT PAIN AND GREAT CRISIS FOR PEOPLE WHO

LOST THEIR LIVES THROUGH HATE CRIMES OR SUICIDE BECAUSE OF THE

OPPRESSION AND THE DISCRIMINATION AND THE FEAR OF LOSING A JOB, LOSING

THEIR HOME OR BEING THROWN OUT OF THEIR HOMES BY THEIR FAMILIES WHO

COULD NOT ACCEPT THEM.

ACTING SPEAKER AUBRY: MS. GLICK.

MS. GLICK: I THANK YOU VERY MUCH FOR TAKING UP

THIS RESOLUTION AND I URGE ALL MEMBERS TO SUPPORT IT. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. O'DONNELL ON THE RESOLUTION.

MR. O'DONNELL: THANK YOU VERY MUCH. AND I

NYS ASSEMBLY JUNE 10, 2020

WANT TO THANK MY DEAR FRIEND, COLLEAGUE, MY HERO, DEBORAH GLICK, FOR

SPONSORING THIS RESOLUTION. WE HAVE MADE ENORMOUS PROGRESS AS

LGBT PEOPLE. BUT THERE IS STILL SO MUCH PROGRESS TO BE MADE. AS I

MENTIONED YESTERDAY, I GREW UP SURROUNDED IN WHITE SUBURBAN

PRIVILEGE; HOWEVER, AS AN 8-YEAR-OLD BOY, I TRIED TO THROW MYSELF OFF OF

SHEA STADIUM BECAUSE I WAS IN PAIN. AND IN THE END, THAT PAIN GOES ON

TODAY. TO THE LGBT HEROS WHO STOOD UP AT STONEWALL, PRIMARILY TRANS

WOMEN OF COLOR, WE OWE A GREAT DEBT OF GRATITUDE BECAUSE THEY WERE

STRONGER THAN OTHER PEOPLE IN THE COMMUNITY WERE WILLING TO BE.

BUT I ALSO WANT TO LET YOU KNOW THAT THE STRUGGLE IS

NOT OVER FOR US. OUR WORK, OUR ACCOMPLISHMENTS ARE OFTEN IGNORED.

ALL ONE NEEDS TO DO IS PICK UP A NEWSPAPER AND SEE THE WORK OF AN

LGBT PERSON WIPED AWAY OR WHITEWASHED AWAY BECAUSE THEY JUST

CAN'T EVEN BEAR TO SAY OUR NAMES OR TO SEE US WHEN WE ARE RIGHT IN

FRONT OF THEM. AND SO, STONEWALL LED TO PRIDE, PRIDE AND STONEWALL LED

TO MARRIAGE. AND I'M VERY PROUD THAT I AM HAPPILY MARRIED AFTER 40

YEARS AND THAT THIS BODY ALLOWED ME TO DO THAT. BUT PLEASE BE CLEAR:

WE WILL CONTINUE TO NEED TO FIGHT TO ASSURE THAT THE NEXT GENERATION IS

NOT TREATED THE WAY WE HAVE BEEN. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE.

MEMBERS: AYE.

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED.

NYS ASSEMBLY JUNE 10, 2020

THE CLERK WILL READ, RESOLUTION NO. 936.

THE CLERK: ASSEMBLY RESOLUTION NO. 936, MR.

DESTEFANO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.

CUOMO TO PROCLAIM OCTOBER 14, 2020 AS EMERGENCY NURSES DAY AND

OCTOBER 11-17, 2020, AS EMERGENCY NURSES WEEK IN THE STATE OF NEW

YORK.

ACTING SPEAKER AUBRY: MR. DESTEFANO ON THE

RESOLUTION.

MR. DESTEFANO: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO SPEAK ON THIS RESOLUTION. EMERGENCY NURSES ARE AN

ESSENTIAL PART OF OUR HEALTH CARE SYSTEM AND TRULY SAVE LIVES. THEY ARE

THE FIRST LINE OF PATIENT CARE IN OUR EMERGENCY ROOMS. THEIR NUMBERS,

REPUTATION AND RESPECT CONTINUE TO GROW. EMERGENCY NURSES SELFLESSLY

DEDICATE A LARGE PORTION OF THEIR LIVES TO CARING FOR AND COMFORTING

THOSE PEOPLE MOST IN NEED. THEY ARE A FIRST FACE A PATIENT COMES

ACROSS WHEN ENTERING AN EMERGENCY ROOM, AND OFTEN THE LAST WHEN

THEY LEAVE. I KNOW PERSONALLY THE DEDICATION AND COMMITMENT OF OUR

NURSES BECAUSE, AS YOU MAY REMEMBER, MY DAUGHTER, NANCY, IS AN

EMERGENCY NURSE.

BY DESIGNATING OCTOBER 14TH AS EMERGENCY NURSES

DAY IN NEW YORK STATE AND OCTOBER 11TH-17TH AS EMERGENCY NURSES

WEEK, WE TAKE A MAJOR STEP IN RECOGNIZING AND APPRECIATING THE ROLE OF

THESE DEDICATED INDIVIDUALS. I FULLY SUPPORT AND SALUTE MY DAUGHTER

AND MANY OTHERS LIKE HER FOR THE ENCOURAGEMENT AND I REALLY,

PERSONALLY, I WANT TO THANK EVERYBODY FOR ALLOWING ME TO BRING THIS

NYS ASSEMBLY JUNE 10, 2020

RESOLUTION BECAUSE, OBVIOUSLY, YOU KNOW IT HITS HOME, ESPECIALLY IN

THIS TIME WHEN WE'RE FACING THIS CRISIS, THIS PANDEMIC, AND THOSE WE

HAVE ALREADY LOST; WE MUST REMEMBER THOSE, AS WELL. AND I URGE MY

COLLEAGUES TO JOIN ME IN ADOPTING THIS RESOLUTION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: ON THE RESOLUTION ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

MEMBERS: AYE.

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED.

RESOLUTION NO. 941, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 941, MR.

BYRNE. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM OCTOBER 15, 2020, AS PREGNANCY AND INFANT LOSS

REMEMBRANCE DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. BYRNE ON THE

RESOLUTION.

MR. BYRNE: THANK YOU, MR. SPEAKER. THIS IS A

VERY IMPORTANT RESOLUTION TO ME AND MY FAMILY. PREGNANCY AND INFANT

LOSS REMEMBRANCE DAY IS A DAY OF REMEMBRANCE OF PREGNANCY LOSS,

INFANT DEATH WHICH INCLUDES, HOWEVER IS NOT LIMITED TO, MISCARRIAGE,

STILLBIRTH, SIDS AND THE DEATH OF A NEWBORN. THIS HITS HOME FOR ME

BECAUSE LIKE MANY ISSUES THAT WE LEARN ABOUT, DISCUSS AND VOTE ON IN

THE ASSEMBLY CHAMBER, YOU KNOW, WE LEARN ABOUT IT THROUGH LIFE

EXPERIENCE. AND I HAD A VERY CLOSE RELATIVE OF MINE, MY COUSIN, WHO

VERY SADLY AND UNFORTUNATELY LOST HER SON 31 WEEKS INTO HER PREGNANCY.

NYS ASSEMBLY JUNE 10, 2020

AND THAT FORCED ME TO LEARN MORE ABOUT THIS ISSUE, HOW EXPANSIVE IT IS

AND HOW IT AFFECTS SO MANY PEOPLE, NOT JUST THE LIFE THAT A -- THAT A

WOMAN IS CARRYING, BUT THE MOTHER, THE FATHER, THEIR ENTIRE EXTENDED

FAMILY. THE COSTS THAT THEY HAVE TO INCUR, AUTOPSIES, FUNERAL EXPENSES

AND JUST THE PAIN AND ANGUISH FOR THE ENTIRE FAMILY AS A WHOLE.

BY LEARNING MORE ABOUT THIS ISSUE, I LEANED THAT

STILLBIRTH CLAIMS OVER 26,000 LIVES EVERY YEAR IN THE UNITED STATES.

THAT'S 26,000 MOTHERS, FATHERS AND OTHER RESPECTIVE FAMILY MEMBERS

WHO ARE AFFECTED BY THIS TERRIBLE LOSS. THAT EQUALS TO 1-IN-160

PREGNANCIES IN THE UNITED STATES, OR IN OTHER WORDS, 70 LIVES, A SCHOOL

BUS FULL OF CHILDREN EVERY SINGLE DAY. I'VE ALSO LEARNED THAT WHILE THIS

HAS CERTAINLY AFFECTED MY FAMILY, IT AFFECTS OTHERS DISPROPORTIONATELY

EVEN MORE SO AROUND OUR STATE, INCLUDING OUR -- OUR FRIENDS IN THE

MINORITY COMMUNITIES IN DIFFERENT PARTS OF THE STATE. AND I DIDN'T

KNOW THAT, SO I -- I BRING THAT UP BECAUSE AS YOU LEARN MORE ABOUT AN

ISSUE, YOU LEARN HOW IT AFFECTS PEOPLE THAT DON'T JUST LOOK LIKE YOURSELF.

SO, THIS IS OBVIOUSLY A VERY IMPORTANT ISSUE AND I -- I

WOULD URGE A YES VOTE ON THIS IMPORTANT RESOLUTION AND I WOULD

DEDICATE MY VOTE IN MEMORY OF THEODORE "TEDDY" JOSEPH KANE, SON

OF LIZA AND BRYAN KANE, PASSED AWAY IN OCTOBER, 2018. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR. ALL

THOSE IN FAVOR OF THE RESOLUTION --

MS. BICHOTTE ON THE RESOLUTION.

MS. BICHOTTE: YES. THANK YOU, MR. SPEAKER, FOR

NYS ASSEMBLY JUNE 10, 2020

ALLOWING ME TO SPEAK ON THIS RESOLUTION. I JUST WANT TO THANK THE

SPONSOR FOR BRINGING THIS RESOLUTION UP. THIS HIT HOME BECAUSE FOUR

YEARS AGO, I LOST MY CHILD. AND SINCE LOSING MY CHILD, I WAS VERY OPEN

ABOUT THE PROCESS TO BRING MORE AWARENESS, WHICH IS WHY I -- I

INTRODUCED A NUMBER OF BILLS, STILLBIRTH AND THE JONAH BICHOTTE COWAN

BILL, WHICH IS A PRE-TERM LABOR BILL. SO I -- I JUST WANTED TO, AGAIN, OFFER

MY CONDOLENCES TO EVERYONE WHO LOST THEIR CHILD. IT IS VERY IMPORTANT

THAT WE ADDRESS THE HEALTH DISPARITIES AND -- AND, AGAIN, I WANT TO THANK

THE SPONSOR FOR RECOGNIZING ADDRESS -- IN ADDRESSING THEM. WE DO

HAVE HEALTH DISPARITIES IN OUR COMMUNITIES.

I WOULD LIKE TO DEDICATE THIS RESOLUTION ALSO TO ALL

THOSE WHO -- WHO -- WHO LOST THEIR LOVED ONES, AND IN THE NAME OF MY

LATE SON, JONAH BICHOTTE COWAN, I WILL BE VOTING IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: ALL THOSE IN FAVOR OF

THE RESOLUTION SIGNIFY BY SAYING AYE.

MEMBERS: AYE.

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED.

RESOLUTION NO. 942.

THE CLERK: ASSEMBLY RESOLUTION NO. 942, MR.

BYRNE. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM OCTOBER 6-12, 2020, AS PHYSICIANS [SIC] ASSISTANTS

[SIC] WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. BYRNE ON THE

NYS ASSEMBLY JUNE 10, 2020

RESOLUTION.

MR. BYRNE: THANK YOU, MR. SPEAKER. THIS IS A

LESS PAINFUL RESOLUTION, ONE MORE TO -- TO CELEBRATE OUR AMAZING

PHYSICIAN ASSISTANTS, ASKING THE GOVERNOR TO PROCLAIM OCTOBER

6TH-12TH AS PA WEEK IN THE STATE OF NEW YORK. FOR THOSE OF YOU THAT

-- OF YOU THAT DON'T KNOW, MY AMAZING WIFE IS A PA, SHE HAPPENED TO

ACTUALLY WORK UP UNTIL SHE WAS 38 WEEKS PREGNANT THROUGHOUT THE

HEIGHT OF THIS PANDEMIC, THROUGHOUT APRIL, BEFORE DELIVERING OUR -- OUR

-- OUR FIRSTBORN SON. AND SHE WORKS IN THE BRONX. AND I'VE HEARD

STORIES FROM HER ABOUT THE COURAGEOUS WORK THAT OUR PAS WORKED --

HAVE DONE, AS WELL AS ALL HEALTH CARE PROVIDERS THROUGHOUT THIS

PANDEMIC. AND I THINK WE'VE SEEN THIS YEAR, PROBABLY MORE THAN ANY

OTHER, WITH SOME OF THE EXECUTIVE ORDERS FROM THE GOVERNOR ALLOWING

PAS TO TAKE ON DIFFERENT ROLES AND RESPONSIBILITIES TO EXPAND ACCESS TO

CARE AND BUILD OUR HEALTH CARE CAPACITY. IT JUST SHOWS HOW IMPORTANT

OUR PHYSICIAN ASSISTANTS ARE NOT ONLY TO THE STATE, BUT TO THIS ENTIRE

NATION AND TO OUR HEALTH CARE SYSTEM. SO, I THINK IT'S IMPORTANT TO

HONOR OUR PHYSICIAN ASSISTANTS.

I DID NOT SPEAK ON ANOTHER RESOLUTION THAT -- THAT WE'RE

VOTING ON, OR DID VOTE ON, PROCLAIMING RESPIRATORY CARE WEEK, BUT I

WANTED TO SPEAK ON THAT JUST BRIEFLY WHILE I SPEAK ON THIS. THAT,

CERTAINLY, I DON'T THINK PEOPLE NECESSARILY UNDERSTOOD OR APPRECIATE --

FULLY APPRECIATED THE RISKS THAT OUR RESPIRATORY THERAPISTS TAKE ON A

DAILY BASIS, THE EXPOSURE THAT THEY'RE -- THAT THEY'RE -- THAT THEY --

THEY'RE EXPOSED TO IN THEIR JOBS. I THINK THERE'S A HEIGHTENED AWARENESS

NYS ASSEMBLY JUNE 10, 2020

AND APPRECIATION JUST BASED ON THE LIFE THAT WE'RE ALL LIVING THROUGH IN

COVID-19 AND THAT THESE BRAVE MEN AND WOMEN ARE CONTINUING TO

WORK IN A HOSPITAL.

SO, I WANT THANK MY COLLEAGUES AND URGE A YES VOTE TO

HONOR OUR PHYSICIAN ASSISTANTS, AND ALSO THANK THEM FOR HONORING ALL

THOSE NURSES AND RESPIRATORY THERAPISTS AND OTHER MEDICAL PROFESSIONALS

FOR RESPIRATORY CARE WEEK. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE.

MEMBERS: AYE.

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED.

ON THE REMAINING RESOLUTIONS, ALL THOSE IN FAVOR SAY

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ALL ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 851-853,

883-886, 888-917, 919-935, 937-940, 943, 944, 949 AND 950 WERE

UNANIMOUSLY APPROVED.)

(PAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,

THANK YOU FOR YOUR PATIENCE. WE ARE NOW GOING TO GO THAT MAIN

CALENDAR AND TAKE UP, ON PAGE 16, RULES REPORT NO. 16 [SIC], IT'S BY

MR. PERRY. FOLLOWING THAT, WE'RE GOING TO STAY ON PAGE 16 AND GO TO

RULES REPORT NO. 108 BY MR. TAYLOR. AND IMMEDIATELY FOLLOWING

NYS ASSEMBLY JUNE 10, 2020

THAT, WE'RE GOING TO RULES REPORT NO. 151, WHICH IS ACTUALLY ON PAGE 7

OF THE A-CALENDAR, THAT WAS BY MR. TAYLOR, AS WELL. IN THAT ORDER, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 01601-C, RULES REPORT

NO. 68, PERRY, HEASTIE, PEOPLES-STOKES, AUBRY, MOSLEY, GOTTFRIED,

GANTT, COOK, PRETLOW, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ,

QUART, KIM, PICHARDO, WALKER, SEAWRIGHT, JOYNER, BLAKE, JAFFEE,

ABINANTI, D'URSO, JEAN-PIERRE, HYNDMAN, NIOU, TAYLOR, VANEL, RIVERA,

ARROYO, ZEBROWSKI, FRONTUS, CRUZ, FERNANDEZ, DE LA ROSA, EPSTEIN,

REYES, RICHARDSON, O'DONNELL, SIMOTAS, SIMON, ROZIC, HUNTER,

WRIGHT, ORTIZ, OTIS, LENTOL, DENDEKKER, BARNWELL, BICHOTTE, GLICK,

MAGNARELLI, DAVILA, STECK, BRONSON, CARROLL, FAHY, JACOBSON, LIFTON,

MCDONALD, NOLAN, RAMOS, D. ROSENTHAL, THIELE, WEINSTEIN,

BUCHWALD, STIRPE, DINOWITZ. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO CREATING AN OFFICE OF SPECIAL INVESTIGATION WITHIN THE

OFFICE OF THE ATTORNEY GENERAL.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. PERRY.

MR. PERRY: THANK YOU, MR. SPEAKER. THIS BILL

WOULD ESTABLISH THE OFFICE OF SPECIAL INVESTIGATIONS WITHIN THE OFFICE

OF THE NEW YORK STATE ATTORNEY GENERAL. THE SPECIAL PROSECUTOR'S

OFFICE WOULD HAVE THE INVESTIGATIVE AUTHORITY AND PROSECUTORIAL

JURISDICTION OVER ANY INCIDENT INVOLVING THE DEATH OF A PERSON CAUSED

BY AN ACT OR OMISSION BY A PERSON WHO IS A POLICE OFFICER OR PEACE

NYS ASSEMBLY JUNE 10, 2020

OFFICER, WHETHER OR NOT THE OFFICER WAS FORMALLY ON DUTY. THE SPECIAL

PROSECUTOR WILL BE EMPOWERED TO OBTAIN AN INDICTMENT AGAINST AN

OFFICER WHEN WARRANTED, AND BRING A CRIMINAL CASE TO TRIAL, AND TO ISSUE

PUBLIC REPORTS IN CASES WHERE THE PROSECUTOR DECLINES TO PRESENT

EVIDENCE TO A GRAND JURY, OR WHERE THE GRAND JURY DECLINES TO APPROVE

CHARGES AGAINST A POLICE OFFICER. THIS BILL ALSO CLARIFIES JURISDICTION

REGARDING PROSECUTION OF CASES OF THIS NATURE. THE CRIMINAL

JURISDICTION OF THE SPECIAL -- THE OFFICE OF THE -- OF SPECIAL

INVESTIGATION [SIC] SHALL DISPLACE AND SUPERSEDE THE JURISDICTION OF THE

DISTRICT -- LOCAL DISTRICT ATTORNEY WHERE THE INCIDENT OCCURRED.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. AND THANK YOU,

MR. PERRY FOR THE EXPLANATION. WILL THE SPONSOR YIELD?

MR. PERRY: I YIELD.

MR. RA: THANK YOU, SIR. SO, I -- I KNOW WE HAVE

DISCUSSED AND DEBATED AND VOTED ON THIS BILL IN THE PAST, BUT I -- I JUST

HAD A FEW QUESTIONS TO KIND OF CLARIFY, YOU KNOW, HOW THIS WOULD

FUNCTION IN -- AND, IN PARTICULAR, HOW IT RELATES OR REFLECTS THE EXECUTIVE

ORDER THAT THE GOVERNOR PUT FORTH A FEW YEARS AGO THAT -- THAT CREATED,

BASICALLY, A SIMILAR PROCESS WITHIN THE OFFICE OF THE ATTORNEY GENERAL.

SO, ARE THERE ANY MAJOR DIFFERENCES BETWEEN WHAT WE WOULD BE PUTTING

INTO STATUTE THROUGH THIS BILL AND THE GOVERNOR'S EXECUTIVE ORDER,

WHICH I THINK WAS EXECUTIVE ORDER NO. 147?

MR. PERRY: THERE ARE SOME DIFFERENCES WITH THIS

PIECE OF LEGISLATION COMPARED TO WHAT THE -- THE GOVERNOR HAD IN HIS

NYS ASSEMBLY JUNE 10, 2020

EXECUTIVE ORDER. THIS LAW WOULD ALSO INCLUDE PEACE OFFICERS AND

(UNINTELLIGIBLE) FOR UNARMED CASES.

MR. RA: OKAY. AND THIS EXECUTIVE ORDER, WHICH I

BELIEVE HAS BEEN IN PLACE SINCE 2015, I KNOW ALSO HAS SOME REPORTING

REQUIREMENTS THAT THE -- THE SPECIAL PROSECUTOR HAS TO SEND TO EITHER THE

GOVERNOR OR THE GOVERNOR'S DESIGNEE, INFORMATION IF THEY DECLINED TO

-- TO PRESENT EVIDENCE OR IF THERE IS A GRAND JURY THAT DECLINES TO INDICT

ON CHARGES. WHAT IS THE REPORTING REQUIREMENTS UNDER THE BILL?

MR. PERRY: YEAH. THE REPORT WILL TRY TO

THOROUGHLY EXPLAIN WHY THE CASE -- IF THE CASE WAS NOT REPORTED OR

SUBMITTED TO A GRAND JURY. IT WOULD DEAL WITH THE CIRCUMSTANCES AS TO

THE DECISION THAT WAS REACHED BY THE -- BY THE SPECIAL INVESTIGATOR. I --

I THINK -- I'M INFORMED THAT THAT'S NOT REALLY NEW, THEY ACTUALLY DO THAT

NOW IF -- IN THOSE CIRCUMSTANCES.

MR. RA: OKAY. NOW, AS THIS SPECIAL PROSECUTOR

WOULD RELATE TO, YOU KNOW, THE JURISDICTION OF THE LOCAL DISTRICT

ATTORNEY, YOU KNOW, WE ALL KNOW DISTRICT ATTORNEYS, YOU KNOW, ARE --

ARE AN OFFICER, THEY'RE CREATED UNDER OUR STATE CONSTITUTION, THEY'RE

RESPONSIBLE FOR -- FOR PROSECUTING MATTERS WITHIN THEIR JURISDICTION. SO

DOES THIS ENTIRELY SUPERSEDE THE JURISDICTION OF THE LOCAL DISTRICT

ATTORNEY?

MR. PERRY: IT WOULD ENTIRELY SUPERSEDE THE LOCAL

DA HAVING CERTAIN JURISDICTION OVER CASES LIKE THAT. AND IT IS

SPECIFICALLY ONE OF INTENT TO CREATE INDEPENDENCE TO, IN CASES LIKE

INVOLVING THE POLICE, TO ALSO ANSWER THE CRY OF THE COMMUNITY FOR SOME

NYS ASSEMBLY JUNE 10, 2020

ASSURANCE IN INVESTIGATIONS OF THAT TYPE THAT THE POLICE WILL BE HELD

ACCOUNTABLE; THAT THE PROSECUTION WILL NOT BE, WHETHER IT'S JUST A

PERCEPTION OR NOT, BUT PEOPLE WILL NOT THINK THAT THERE WAS SOME

CORRUPTION IN THE PROCESS OF DETERMINING WHETHER OR NOT THE OFFICER

SHOULD BE SUBJECT TO PROSECUTION AND BE CHARGED.

MR. RA: AND IN -- IN TERMS OF THAT JURISDICTION BEING

TRIGGERED, IT'S AUTOMATICALLY TRIGGERED SHOULD ONE OF THESE SITUATIONS

THAT'S DEFINED UNDER THIS OCCUR, CORRECT, THAT THE LOCAL DA DOESN'T NEED

TO, YOU KNOW, REFER THE COMPLAINT OR -- OR ASK FOR THE SPECIAL

PROSECUTOR THAT THAT JURISDICTION IS AUTOMATIC AS LONG AS A SITUATION

THAT'S PRESENTED IN THIS BILL OCCURS BETWEEN A LAW ENFORCEMENT OFFICER

AND AN INDIVIDUAL?

MR. PERRY: THE LAW GIVES THE JURISDICTION TO THE

DISTRICT ATTORNEY ONCE THE -- ONCE THE -- THE INCIDENT OCCURS, TO MAKE

THE DETERMINATION BASED ON THE CIRCUMSTANCES AND EVIDENCE AND HAS --

AND SUPERSEDES THE LOCAL PROSECUTOR. NOW, MR. RA, YOU KNOW THAT --

YOU KNOW WHAT THE ISSUE IS, AND WE'RE DOING THIS BECAUSE THE

COMMUNITY HAS CRIED OUT FOR THIS FOR A LONG TIME BECAUSE POLICE

PROSECUTION, OR EFFORTS TO BRING POLICE TO ACCOUNTABILITY, WHATEVER LEVEL

THE POLICE IS, ONCE THERE'S AN INCIDENT LIKE THIS, THE QUESTION IS WILL THE

OFFICER EVER FACE THE QUESTION OF REAL ACCOUNTABILITY. AND THE

COMMUNITY IS CONCERNED ABOUT THE RELATIONSHIP THAT DEVELOPS OVER

TIME BETWEEN THE LOCAL DISTRICT ATTORNEY, THE COUNTY PROSECUTORS AND

THE POLICE DEPARTMENT AND THE OFFICERS. THEY WORK TOGETHER IN A LOT OF

CIRCUMSTANCES; THEY DEVELOP RELATIONSHIPS. THE EGREGIOUS CASES WHERE

NYS ASSEMBLY JUNE 10, 2020

THE EVIDENCE IS SO BLARING THAT THERE NEEDS TO BE A SUBSTANTIALLY CLEAR

INVESTIGATION THAT THE COMMUNITY CAN ACCEPT THAT IT WAS, INDEED, A

THOROUGH INVESTIGATION. THOSE CIRCUMSTANCES ARE SO NUMEROUS THAT THE

COMMUNITY, PEOPLE IN THE STATE OF NEW YORK, ACROSS THE COUNTRY ARE

CRYING OUT FOR BRINGING OUR POLICE TO ACCOUNTABILITY, SO THAT OFFICERS

DON'T THINK THAT IT'S OKAY TO UNLOAD THEIR GUNS AS SOON AS THEY SUSPECT

SOMEONE. AND -- AND, OF COURSE, WHAT WE WOULD LIKE TO BE A MODEL OF

BEHAVIOR BY A POLICE DEPARTMENT, WHERE YOU USE YOUR GUN AND YOU USE

THE FORCE THAT A BULLET CARRIES AND VIOLENCE AGAINST A SUSPECT ONLY WHEN

ABSOLUTELY NECESSARY AND YOU HAVE NO OTHER CHOICE. THAT'S WHY WE

HAVE TO DO THIS.

MR. RA: SO, AS I MENTIONED, THE EXECUTIVE ORDER

THAT CREATES A VERY SIMILAR PROCESS HAS BEEN IN EFFECT SINCE 2015, SO

PROBABLY CLOSE TO -- CLOSE TO FIVE YEARS AT THIS POINT. DO WE HAVE ANY

NUMBERS OF HOW MANY CASES HAVE BEEN -- THAT THE ATTORNEY GENERAL'S

OFFICE HAS TAKEN JURISDICTION OF AS A RESULT OF THAT SINCE THIS EXECUTIVE

ORDER HAS BEEN IN PLACE?

(PAUSE)

MR. PERRY: I'M INFORMED BY COUNSEL HERE THAT THE

NUMBER IS SOMEWHERE AROUND 200 TO 250 CASES, HAVE BEEN ON THE DESK

OF THE SPECIAL PROSECUTOR. AND THAT -- OF THAT NUMBER, THE SPECIAL

PROSECUTOR INVESTIGATED ABOUT 31.

MR. RA: OKAY.

MR. PERRY: I ASSUME THAT THE REST WENT BACK TO THE

LOCAL DISTRICT ATTORNEY FOR -- FOR HANDLING AND ALL THAT.

NYS ASSEMBLY JUNE 10, 2020

MR. RA: DO WE KNOW OF ANY CASES WHERE THE

SPECIAL PROSECUTOR HAS OBTAINED A CONVICTION OF -- OF AN OFFICER?

MR. PERRY: WELL, I'M AWARE THAT THE SPECIAL

PROSECUTOR HAS BROUGHT CASES -- TAKEN A CASE OR SO TO TRIAL. I'M NOT SURE

OF WHAT THE ACTUAL OUTCOME OF THOSE CASES ARE.

MR. RA: ALL RIGHT. THANK YOU, MR. PERRY.

MR. SPEAKER, ON THE BILL.

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

MR. RA: THANK YOU, MR. SPEAKER. SO, IN THE PAST,

YOU KNOW, I'VE -- I'VE RAISED CONCERNS ABOUT THIS FOR A COUPLE OF

REASONS. NUMBER ONE, AS I MENTIONED, OUR DISTRICT ATTORNEYS ARE

OFFICERS UNDER OUR STATE CONSTITUTION. WE TRUST THEM TO BE THE PERSON

RESPONSIBLE TO MAKING SURE JUSTICE IS DONE WITHIN THEIR ELECTED

JURISDICTION TO PROSECUTE CRIMES, TO CHOOSE WHEN PROSECUTIONS DON'T

NEED -- NEED TO HAPPEN. YOU KNOW, AND WE'RE -- WE'RE SEEING THAT IN

SO MANY DIFFERENT WAYS, EVEN RIGHT NOW. YOU KNOW, THERE ARE

INDIVIDUALS WHO HAVE BEEN ARRESTED AT THE DEMONSTRATIONS AND THINGS

AND WITHIN THEIR PURVIEW, THE LOCAL DISTRICT ATTORNEYS ARE DECIDING,

OKAY, WE'RE NOT GOING TO PURSUE CERTAIN TYPES OF CASES BECAUSE WE

DON'T THINK IT'S IN THE INTEREST OF JUSTICE. SO, WE GIVE THEM WIDE

LATITUDE TO MAKE THOSE DETERMINATIONS. AND AS I SAID, OUR STATE

CONSTITUTION CREATES THAT OFFICE. AND THESE INDIVIDUALS ARE

ACCOUNTABLE TO THE PUBLIC, THEY ARE ELECTED INDIVIDUALS. AND SHOULD

SOMETHING OCCUR THAT THEY CHOOSE TO PROSECUTE OR CHOOSE NOT TO

PROSECUTE AND THE PUBLIC TAKES ISSUE WITH THAT, THEY HAVE AN

NYS ASSEMBLY JUNE 10, 2020

OPPORTUNITY TO EXPRESS THAT DISPLEASURE OR SATISFACTION AT THE POLLS

AGAINST THAT INDIVIDUAL.

WE HAVE SEEN, YOU KNOW, MANY OF THESE CASES OVER

THE YEARS GET POLITICIZED AND MY CONCERN IS THAT IF WE ARE LOOKING FOR

ACTUALLY A REAL INDEPENDENT ENTITY TO LOOK AT THESE, THEN LET'S MAKE AN

ACTUAL INDEPENDENT ENTITY, NOT ONE THAT IS -- IS STILL UNDER THE

JURISDICTION OF A, YOU KNOW, OF A POLITICALLY-ELECTED INDIVIDUAL. IT'S

ALWAYS A DANGEROUS THING WHEN WE TAKE AUTHORITY THAT IS INVESTED BY

OUR STATE CONSTITUTION IN AN INDIVIDUAL AND WE -- AND WE SUPERSEDE

THAT.

YOU KNOW, THE NUMBERS OVER THE LAST FIVE YEARS, YOU

KNOW, BECAUSE IT'S AUTOMATIC, IT HAS TO BE INVESTIGATED, THERE HAVE BEEN

A COUPLE OF HUNDRED, BUT FROM THE INFORMATION THAT I WAS ABLE TO FIND,

THERE'S BEEN 33 DEATHS THAT HAVE BEEN FULLY INVESTIGATED BY THE SPECIAL

INVESTIGATIONS AND PROSECUTIONS UNIT WITHIN THE ATTORNEY GENERAL.

THERE ARE SEVERAL THAT ARE PENDING RIGHT NOW. IN 20 OF THEM, THE

OFFICER WAS CLEARED FOR REASONS INCLUDING NO CULPABILITY, NO EVIDENCE

OF WRONGDOING, AN ACCIDENT OR THE USE OF FORCE BEING JUSTIFIED. TWO

FOUND SUFFICIENT EVIDENCE, BUT THERE WERE NO INDICTMENT. THERE WAS

ONE CASE WHERE THERE WAS ACTUALLY CHARGES FILED AND AN ACQUITTAL, AND

THERE WAS ONE CASE WHERE THE ATTORNEY GENERAL DECLINED TO

INVESTIGATE.

SO, IN THE FIVE YEARS WE'VE BEEN DOING THIS, THERE HAVE

BEEN NO CONVICTIONS OF OFFICERS UNDER THIS PROCESS. SO, I DON'T KNOW

THAT WE ARE REALLY GETTING TO WHAT IS PURPORTED TO BE THE HEART OF THE

NYS ASSEMBLY JUNE 10, 2020

ISSUE IN TERMS OF PROSECUTING THESE CASES. I THINK THAT WE HAVE A --

ACTING SPEAKER AUBRY: MR. PERRY, WHY DO

YOU RISE?

MR. PERRY: WILL MR. RA YIELD?

MR. RA: SURE.

ACTING SPEAKER AUBRY: MR. RA YIELDS.

MR. PERRY: THANK YOU, MR. RA. DO YOU THINK THAT

THE NEED FOR THIS LAW SHOULD BE MEASURED BY THE NUMBER OF

PROSECUTIONS THAT ARE OBTAINED BY THE HOLDER OF THE OFFICE?

MR. RA: NO, BUT I THINK THAT IF WE'RE LOOKING TO

CODIFY SOMETHING THAT WAS PUT IN AN EXECUTIVE ORDER WE SHOULD, YOU

KNOW, WE'RE TRYING TO CODIFY SOMETHING VERY SIMILAR TO THAT. SO, TAKING

A LOOK AT WHAT THAT HAS HAD, IF -- IF THE REASON FOR IT IS THAT WE FEEL THAT

THE LOCAL DISTRICT ATTORNEYS AREN'T DOING THIS JOB, I THINK IT'S REASONABLE

TO TAKE A LOOK AT WHAT THE RESULTS HAVE BEEN SINCE THIS EXECUTIVE ORDER

HAS BEEN IN PLACE.

MR. PERRY: DO YOU UNDERSTAND THAT THE -- THE

PUBLIC'S VIEW AND THE DEMAND FOR AN INDEPENDENT INVESTIGATOR OF CASES

WHERE THERE'S A QUESTION REGARDING THE USE OF FORCE BY THE POLICE?

MR. RA: I -- I UNDERSTAND THE DEMAND, BUT AS I SAID,

I DON'T -- I DON'T BELIEVE THIS IS INDEPENDENT.

MR. PERRY: LET ME FINISH THE QUESTION. DO YOU

UNDERSTAND THAT THE GREAT CRY IN THE COMMUNITY FOR THIS OFFICE, IT'S NOT

ABOUT HOW MANY CASES ARE TRIED BY THE PROSECUTOR, HOW MANY CASES

WOULD GO TO THE SPECIAL PROSECUTOR, IT'S THAT AIR AND PERCEPTION AND

NYS ASSEMBLY JUNE 10, 2020

ENOUGH EVIDENCE THAT OVER THE YEARS CONVINCING PEOPLE WHO ELECT YOU

AND ELECT ME THAT ALL IS NOT WELL IN THE -- IN THE PROCESS THAT WE USE AND

THAT THERE'S A NEED TO RESTORE AND TO ENSURE TRUST IN THE SYSTEM SO THAT IF

I DON'T FEEL THAT I CAN TRUST YOUR JUDGMENT AND THAT YOU'RE EXERCISING

YOUR AUTHORITY IN THE WAY THAT YOU SHOULD IN THE BEST INTEREST OF MY

FREEDOM AS A CITIZEN, I WANT TO HAVE THAT TRUST. THE COMMUNITY YEARNS

FOR THAT TRUST AND WE HAVE A RESPONSIBILITY TO SET UP PROCESS AND

SYSTEMS THAT ASSURES THAT. SO THAT IF YOU FIND THIS EXPANSIVE, UNIVERSAL

DISTRUST IN THE PROCESS THAT GIVES THESE CASES STRAIGHT TO THE LOCAL

PROSECUTOR WHO WORKS WITH THE POLICE -- AND FOLKS BELIEVE THAT THERE'S

SOME RELATIONSHIPS THAT INTERFERE WITH THE JUDGMENT AS TO HOW THEY

MOVE FORWARD. I DON'T KNOW OF ANY CASE WHERE THERE IS A QUESTION -- -

ACTING SPEAKER AUBRY: MR. -- MR. PERRY.

AND, SIR, YOU'RE ON MR. RA'S TIME.

MR. PERRY: THANK YOU. THANK YOU, MR. SPEAKER.

MR. RA.

MR. RA: THANK YOU, MR. PERRY. THE -- THE POINT IS

WELL-TAKEN, BUT AS I -- AS I SAID, I DON'T BELIEVE THIS IS AN INDEPENDENT

ENTITY AND I WOULD -- I WOULD CERTAINLY TAKE EXCEPTION WITH -- WITH THE

CHARACTERIZATION THAT THERE'S A UNIVERSAL DISTRUST IN OUR LOCALLY-ELECTED

DISTRICT ATTORNEYS. BUT I -- I THANK YOU FOR ANSWERING THE QUESTIONS.

MR. PERRY: THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BARRON.

MR. BARRON: THANK YOU. THANK YOU VERY MUCH,

NYS ASSEMBLY JUNE 10, 2020

MR. SPEAKER. THIS HAS BEEN A VERY HISTORICAL AND RADICAL MOMENT IN

OUR HISTORY OF OUR MOVEMENT, AND I SAY "RIGHT ON" TO THE PROTESTERS.

THERE ARE BILLS THAT HAVE BEEN PASSED, AND I SUPPORTED CRITICALLY THE

ENTIRE PRIOR PACKAGE THAT I THOUGHT WAS WATERED-DOWN, BUT THE

PROTESTERS MADE THIS HAPPEN. "RIGHT ON" TO THE PROTESTERS. THEY WERE

ABLE TO GET BILLS PASSED HERE THAT WERE HANGING AROUND FOR YEARS THAT

COULDN'T GET PASSED. "RIGHT ON" FOR THE PROTEST. THEY ALSO, IN AN

EMBARRASSING WAY, BROUGHT NANCY PELOSI TO HER KNEES AND WEARING

KENTE CLOTH. "RIGHT ON" TO THE PROTESTORS. THEY GOT ROGER GOODELL,

COMMISSIONER OF THE NFL TO AGREE WITH COLIN AND SAY, COLIN, YOU

WERE RIGHT TIME, I'M SORRY. BROUGHT HIM TO HIS KNEES. "RIGHT ON" TO

THE PROTESTERS.

SO, ALL OF THIS IS HAPPENING, "RIGHT ON" TO THE

PROTESTERS FROM MINNEAPOLIS. IT WASN'T ANARCHISTS, BUT A NINE-PANEL

CITY COUNCIL MEMBERS. NINE OF THE 13 SAID, WE'RE NOT GOING TO REFORM

THIS POLICE DEPARTMENT, BECAUSE IT'S NOT REFORMABLE, WE'RE GOING TO

REINVENT, REIMAGINE PUBLIC SAFETY AND RESTRUCTURE, DISMANTLE THIS

POLICE DEPARTMENT. NINE ORDINARY MEMBERS OF A CITY COUNCIL. "RIGHT

ON" FOR THE PROTEST.

SO WHY I COME HERE TODAY WITH THIS BILL HERE, THE

SPECIAL PROSECUTOR I HAVE HAD PERSONAL EXPERIENCE WITH. ERIC

SCHNEIDERMAN, THE FIRST SPECIAL PROSECUTOR UNIT, I HAD PERSONAL

EXPERIENCE WHEN IN 2016, DELRAWN SMALL IN EAST NEW YORK WAS IN A

TRAFFIC DISPUTE WITH AN OFF-DUTY POLICE OFFICER, HE CUT DELRAWN OFF AND

ALMOST CAUSED HIM AND HIS FAMILY TO BE IN A CRASH AND HAVE SOME

NYS ASSEMBLY JUNE 10, 2020

SERIOUS INJURY. OF COURSE DELRAWN GOT OUT OF THE CAR, WALKED TOWARD

THE POLICE OFFICER'S CAR, HE ROLLED DOWN HIS WINDOW AND IMMEDIATELY

SHOT AND KILLED DELRAWN. PRIOR TO SEEING THE VIDEO, THEY SAID THAT

DELRAWN WALKED UP TO HIS CAR AND PUNCHED HIM IN HIS FACE. TOTAL LIE.

WHEN THE VIDEO CAME OUT, HE ACTUALLY ROLLED DOWN THE WINDOW AND

SHOT HIM INSTANTLY. AND I'VE BEEN WORKING WITH VICTOR DEMPSEY AND

VICTORIA DAVIS ON THAT CASE. WE WENT TO ERIC SCHNEIDERMAN, THE

SPECIAL PROSECUTOR. HE INDICTED IT, SECOND DEGREE MURDER,

MANSLAUGHTER. THIS IS WHY IT'S A SYSTEMIC PROBLEM AND IT SHOULDN'T BE

IN THE SYSTEM. THREE HUNDRED OF HIS INVESTIGATORS HE TOLD ME WERE

EX-POLICE OFFICERS. SO IN THE AG'S OFFICE, IN THE SPECIAL INVESTIGATING

AND PROSECUTING UNIT IS POLICE INVESTIGATORS WHO HAVE TO MAKE THE

CASE. BY THE WAY, THE OFFICER WAS TOTALLY ACQUITTED. HE WALKED FREE,

NO PUNISHMENT FOR OBVIOUSLY SHOOTING A MAN WHO JUST WALKED UP TO

HIS CAR WITHIN SECONDS.

THEN COMES THIS SPECIAL PROSECUTOR, LETITIA JAMES.

SHE GOT A CASE, VASSELL, SAHEED VASSELL IN BROOKLYN. SAHEED VASSELL,

APRIL 4TH, 2018, THREE POLICE OFFICERS FROM THE 71ST PRECINCT CAME UP

TO HIM AND HE A WIELDING TUBE -- WELDING TUBE, THEY DIDN'T SAY

ANYTHING, THEY SAW THAT, HE WASN'T ATTACKING ANYBODY, THEY OPENED FIRE,

TEN SHOTS. TEN SHOTS, TAKING HIS LIFE. HE WAS CHALLENGED, HE WAS

BIPOLAR AND HAD SOME MENTAL CHALLENGES; THEY SHOULDN'T EVEN HAVE

BEEN THE ONES TO APPROACH HIM. BUT TEN SHOTS. ATTORNEY GENERAL

LETITIA JAMES TOOK A BRIEF TIME TO INVESTIGATE WITH HER POLICE

INVESTIGATORS AND SAID THEY ACTED LEGALLY SO THERE WILL BE NO CRIMINAL

NYS ASSEMBLY JUNE 10, 2020

CHARGES AGAINST THE POLICE. THIS IS THE SPECIAL PROSECUTOR, THE SAME

SPECIAL PROSECUTOR, LETITIA JAMES, THE GOVERNOR ANNOUNCED RECENTLY

THAT HE WAS APPOINTING HER TO INVESTIGATE THE POLICE BEHAVIOR DURING

THE PROTEST. GOVERNOR, YOU DON'T HAVE THE AUTHORITY OR POWER TO DO

THAT. THAT'S SUPPOSED TO BE A SEPARATE, INDEPENDENT OFFICE. BUT HE,

BECAUSE HE HAS MUCH INFLUENCE OVER THAT OFFICE, APPOINTING HER TO

INVESTIGATE THE POLICE, THAT'S NOT UP TO YOU, AND THAT'S NOT UP TO HER TO

ALLOW YOU TO DO THAT. BUT Y'ALL HAVE A PARTNERSHIP.

THE SPECIAL PROSECUTOR, LETITIA JAMES, ALSO WHEN A

JUDGE SAID THAT JALIL MUNTAQIM, ALSO KNOWN AS ANTHONY BOTTOM, WHO'S

BEEN IN PRISON FOR 49 YEARS, HE'S A POLITICAL PRISONER. HE'S BEEN IN

PRISON FOR 49 YEARS. HE GOT 25-TO-LIFE AND HAD AN IMPECCABLE TIME IN

PRISON, GOT DEGREES, WAS A POSITIVE INFLUENCE ON OTHER INMATES OR OTHER

INCARCERATED PEOPLE, AND HE WAS IN DANGER BECAUSE OF HIS PREEXISTING

HEALTH CONDITIONS OF CATCHING THE COVID VIRUS, THE CORONAVIRUS. A

JUDGE SAID, HE WAS GIVEN 25-TO-LIFE, NOT A DEATH SENTENCE, LET HIM OUT.

THE JUDGE GRANTED HIS RELEASE. THE SPECIAL PROSECUTOR, LETITIA JAMES,

SHE APPEALED IT, WE COULD HAVE HAD HIM OUT, AND HE'S BEEN IN THERE FOR

49 YEARS. IMPECCABLE TIME SERVED. WE WANTED TO GET HIM OUT BEFORE

HE CAUGHT THE VIRUS. WELL, GUESS WHAT? HE CAUGHT THE VIRUS. NOW,

SHE WON HER APPEAL SO HE CAN'T GET OUT AND HE'S IN PRISON WITH THE

VIRUS.

YOU THINK THIS PROTEST IS ABOUT PUTTING JUSTICE IN THE

HANDS OF THIS KIND OF A [SIC] ATTORNEY GENERAL? I AGREE, TOO. I'M

WORKING ON SOME LEGISLATION, I'M VOTING AGAINST THIS ONE. THIS IS THE

NYS ASSEMBLY JUNE 10, 2020

ONLY ONE I'M VOTING AGAINST BECAUSE ALL OF THIS PROTESTING, TO GIVE TO IT

THIS KIND OF A [SIC] ATTORNEY GENERAL THAT HAS THAT KIND OF RELATIONSHIP

WITH THE GOVERNOR THAT HAS HUNDREDS OF EX-POLICE OFFICERS DOING THE

INVESTIGATING WILL TAKE AWAY FROM WHAT THIS PROTEST WAS ALL ABOUT.

I'M ENCOURAGING US TO DO AN INDEPENDENT PROSECUTOR.

AN INDEPENDENT, NOT SPECIAL, BUT INDEPENDENT SO THERE IS NO HISTORY OF

THIS OFFICE PROSECUTING AND CONVICTING AND GETTING A CONVICTION ON

POLICE OFFICERS. AND I DOUBT SERIOUSLY IF ANYTHING WILL HAPPEN IN THE

VERY NEAR FUTURE. AND IF IT DOES HAPPEN, IT'S GOING TO BECAUSE "RIGHT

ON" FOR THE PROTESTORS. THE PROTESTORS CAN MAKE A LOT OF THINGS HAPPEN

THAT NEVER HAPPENED BEFORE. BUT THIS ONE IS NOT GOOD FOR OUR

MOVEMENT. THIS ONE WE SHOULD NOT DO. AND YOU WILL LIVE TO REGRET IT,

BECAUSE I KNOW YOU'RE GOING TO DO IT, AND IT TAKES AWAY FROM THE

HISTORIC MOMENT, FROM THE RADICAL MOMENT THAT THE PROTESTERS HAVE

CREATED. REMEMBER, WE ALREADY PASSED BILLS. WE MADE A BIG DEAL

OVER THE BACKGROUND CHECK, OKAY, LET'S GIVE THE PROTEST CREDIT FOR THAT,

"RIGHT ON." BUT THE ACT ITSELF OF BRUTALITY, THE ACT ITSELF OF MURDER HAS

NOT BEEN ADDRESSED. THESE OFFICERS STILL DON'T HAVE ANYTHING IN PLACE TO

HOLD THEM ACCOUNTABLE FOR THEIR BEHAVIOR. SO, WE SHOULD RECONSIDER

THIS. BUT YOU WON'T, YOU'RE GOING TO VOTE FOR IT AND CLAIM VICTORY. AND

WE SHOULD HAVE AN INDEPENDENT, INDEPENDENT PROSECUTOR. WE SHOULD

HAVE AN ELECTED CIVILIAN COMPLAINT REVIEW BOARD. THE REASON WHY

MOST OF THESE COMPLAINTS ARE NOT VALIDATED IS BECAUSE FIVE OF THE

APPOINTEES ARE FROM THE MAYOR'S OFFICE, THREE ARE FROM THE

COMMISSIONER. THAT'S EIGHT OF THE 13. AND THEY'RE BUDDIES. THEY

NYS ASSEMBLY JUNE 10, 2020

PROTECT EACH OTHER. AND AS I ALWAYS SAY, THE MAYOR IS A PATHETIC

APOLOGIST FOR THE POLICE. SO NOW WE HAVE THIS BOARD. THIS BOARD

SHOULD BE DISMANTLED AND WE SHOULD HAVE AN ELECTED CIVILIAN

COMPLAINT REVIEW BOARD. SOME -- THE -- THE CHAIR OF THE BOARD SAID,

YEAH, BUT THE PBA WILL GATHER A WHOLE LOT OF MONEY AND THEY'LL GET

THEIR PEOPLE ELECTED. NOT TRUE. THE PEOPLE IN THE COMMUNITY WILL NOT

SUPPORT ANYBODY THAT'S BACKED BY THE PBA, NUMBER ONE, AND THE PBA

IS TOTALLY AGAINST THIS ELECTED CIVILIAN COMPLAINT REVIEW BOARD. AND,

THIS REVIEW BOARD WOULD HAVE THE POWER TO INVESTIGATE, TO SEND OUT

SUBPOENAS AND TO DEAL WITH THE PENALTIES ON THE POLICE THAT WILL BE

BINDING. RIGHT NOW, WE HAVE EIGHT MEMBERS OF IT THAT'S WITH THE

POLICE AND THE MAYOR, AND THEN IF THEY DO VALIDATE A COMPLAINT, GUESS

WHO IT GOES TO? THE POLICE COMMISSIONER. SO, ANYTHING IS BETTER THAN

THAT.

SO, ON THIS DAY, I HOPE WE KEEP PROTESTING, I'VE BEEN

OUT THERE. I THANK THE DECEMBER 12TH MOVEMENT. WE ORGANIZED

ABOUT 5,000 PEOPLE IN BROOKLYN, WE CAME OUT AND WE DEMANDED

DEFUNDING THE POLICE. OF COURSE, THE MAYOR HEARD THAT DEMAND AND

NOW HE'S DOING THAT. "RIGHT ON" FOR THE PROTEST. AND WE'RE ALSO

DEMANDING BLACK POWER. THE BLACK COMMUNITY SHOULD HAVE BLACK

COMMUNITY CONTROL OVER THE POLICE. WE SHOULD CHOOSE THE POLICY, WE

DON'T WANT BROKEN WINDOWS AND WE DON'T STOP, QUESTION AND FRISK.

AND WE DON'T WANT ANYBODY TO COME INTO OUR COMMUNITY. WE SHOULD

BE THE ONES DETERMINING WHO THE INSPECTOR WILL BE OF A PRECINCT AND

WHAT POLICE SHOULD GO AND COME IN OUR BELOVED BLACK COMMUNITIES.

NYS ASSEMBLY JUNE 10, 2020

WE NEED BLACK COMMUNITY CONTROL OVER THE POLICE.

SO, UNLESS WE GET LEGISLATION THAT SPEAKS TO THAT,

UNLESS WE GET LEGISLATION THAT SPEAKS TO AN ELECTED CIVILIAN COMPLAINT

REVIEW BOARD THAT COUNCILMEMBER BARRON HAS IN THE CITY COUNCIL,

UNLESS WE GET AN INDEPENDENT PROSECUTOR, AND AFTER ALL OF THIS PROTEST,

WE SHOULD CALL FOR SYSTEMIC CHANGE TO THE ENTIRE SYSTEM. AND THAT'S

WHAT MARTIN LUTHER KING CALLED FOR IN HIS LAST DAYS ON EARTH. HE SAID

THERE NEEDS TO BE RADICAL REDISTRIBUTION OF WEALTH AND A RADICAL

RESTRUCTURING OF THE POLITICAL AND ECONOMIC ORDER. DR. KING SAID, I

FOUGHT HARD TO TRY TO REFORM THE SYSTEMS IN THE SOUTH, BUT I NO LONGER

BELIEVE THAT, I THINK DIFFERENTLY NOW, WE NEED A RADICAL REORGANIZING OF

THE ENTIRE SOCIETY. THIS IS DR. KING. AND HE SAID, WE NEED A

REVOLUTION OF VALUES.

SO AT THIS TIME, ARE -- WE'RE GOING TO CELEBRATE THIS,

BUT I'LL ASSURE YOU THAT THE PROBLEM HAS NOT BEEN SOLVED AND IN THIS

MOMENT, WE HAD AN OPPORTUNITY TO HAVE GREATER, STRONGER WITH MORE

TEETH LEGISLATION. BUT TO THE PROTESTERS, YOU MADE THIS DAY HAPPEN.

YOU MADE ALL OF THIS HAPPEN. YOU MADE -- EVEN THE PBA SAID THAT THE

KILLING OF GEORGE FLOYD WAS MURDER. THEY NEVER SAID THAT BEFORE.

YOU BROUGHT THEM TO THEIR KNEES TO SAY THAT IT WAS MURDER. BUT THEY

DIDN'T HAVE TO GO TO MINNEAPOLIS AND MINNESOTA TO POINT OUT MURDER,

WE HAD IT HERE, AMADOU DIALLO, SEAN BELL, AND I COULD TAKE THE REST OF

THIS TIME LISTING THE MURDERS, THE KILLINGS, THE BRUTALIZING. THE PBA

DIDN'T HAVE TO GO ANYWHERE. THE COMMISSIONER DIDN'T HAVE TO GO

ANYWHERE, TO MINNESOTA, TO POINT OUT HOW MURDER WAS WRONG, WE HAVE

NYS ASSEMBLY JUNE 10, 2020

IT RIGHT HERE. BUT THEY DIDN'T MENTION THAT.

SO AS WE GO FORWARD, WE'RE GOING TO HAVE TO REVISIT A

LOT OF THIS STUFF, BECAUSE MOST OF IT DIDN'T GO FAR ENOUGH. "RIGHT ON" TO

THE PROTEST. NO POWER ON EARTH CAN STOP THE POWER OF THE PEOPLE.

THAT'S WHAT WE MEANT BY IN THE BLACK PANTHER PARTY, POWER TO THE

PEOPLE. THIS WAS A DEMONSTRATION OF THAT. RADICAL, SYSTEMIC CHANGE IS

INEVITABLE AND I SAY TO YOU, THE STRUGGLE MAY BE LONG, BUT OUR VICTORY IS

CERTAIN. I SAY TO YOU THAT LIFE IS HARD IF YOU TAKE IT BY THE YARD, BUT IT'S A

CINCH IF YOU TAKE IT INCH BY INCH. AND THE AFRICAN PROVERB SAYS, THE

BEST WAY TO EAT AN ELEPHANT IS ONE BITE AT A TIME. AND THE ELEPHANT IS

CAPITALISM; THE ELEPHANT IS RACISM; THE ELEPHANT IS A WAR-MONGERING,

IMPERIALISTIC FOREIGN POLICY. AND, BOY, DID THESE PROTESTORS TAKE A BITE

OUT OF THIS ELEPHANT THIS TIME AROUND. I VOTE NO.

ACTING SPEAKER AUBRY: MR. REILLY.

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

SPONSOR YIELD?

MR. PERRY: SURELY.

ACTING SPEAKER AUBRY: MR. PERRY YIELDS.

MR. REILLY: THANK YOU, MR. PERRY. SO, I HAVE A --

I HAVE A QUESTION. THE ATTORNEY GENERAL'S OFFICE WILL BE OVERSEEING

THIS NEW OFFICE IF IT'S ESTABLISHED. DO YOU KNOW THE OTHER BRANCHES OR

DIVISIONS OF THE ATTORNEY GENERAL'S OFFICE THAT MAY ACTUALLY PLAY A ROLE

IN THIS?

MR. PERRY: THE CIVIL RIGHTS BUREAU, THE CRIMINAL

PROSECUTIONS BUREAU.

NYS ASSEMBLY JUNE 10, 2020

MR. REILLY: OKAY. SO -- NOW, THE ATTORNEY

GENERAL, AS WE KNOW, IS ELECTED BY THE STATE ELECTORATE, CORRECT?

MR. PERRY: THAT IS CORRECT.

MR. REILLY: OKAY. JUST LIKE -- JUST LIKE OUR

DISTRICT ATTORNEYS IN EACH COUNTY; IS THAT CORRECT?

MR. PERRY: ABSOLUTELY.

MR. REILLY: OKAY. SO, SO THE DIFFERENCE --

MR. PERRY: THE AG IS A STATEWIDE OFFICE.

MR. REILLY: THANK YOU.

MR. PERRY: MAKE SURE WE UNDERSTAND THAT.

MR. REILLY: YES, THANK YOU. AND I WANT TO MAKE

THAT WE'RE -- FOR ANYBODY THAT MAY BE WATCHING THE DEBATE, I'M TRYING

TO CLARIFY SOME OF THESE SIMILARITIES AND DIFFERENCES. SO, UNDER THE

AG'S OFFICE, WHICH IS A STATEWIDE ELECTED, THERE IS THE LITIGATION

BUREAU. DO YOU -- DO YOU HAVE ANY IDEA OF WHAT THE LITIGATION BUREAU

HANDLES, OR WHAT THEIR MISSION IS FOR THAT BUREAU THAT FALLS UNDER THE

ATTORNEY GENERAL?

MR. PERRY: I BELIEVE THE LITIGATION BUREAU HAS

JURISDICTION, OR THEY HANDLE CIVIL MATTERS.

MR. REILLY: OKAY. SO, THE LITIGATION BUREAU, AND

CORRECT ME IF I'M WRONG, THE BUREAU'S MAJOR CLIENTS INCLUDE THE

DEPARTMENT OF STATE -- HEALTH, TAXATION, FINANCE, INSURANCE, CIVIL

SERVICE, EDUCATION, CORRECTIONS AND COMMUNITY SUPERVISION,

BANKING, MOTOR VEHICLES, HOUSING, COMMUNITY RENEWAL, AS WELL AS

OFFICES OF MENTAL HEALTH, PEOPLE WITH DEVELOPMENTAL DISABILITIES,

NYS ASSEMBLY JUNE 10, 2020

CHILDREN AND FAMILY SERVICES AND TEMPORARY DISABILITY ASSISTANCE,

THE STATE'S MAJOR EDUCATIONAL INSTITUTIONS, THE STATE POLICE AND THE

STATE JUDICIARY. SO, UNDER MY -- WITH MY UNDERSTANDING UNDER THE

LITIGATION BUREAU, IF THERE'S ANY LAWSUITS THAT ARE FILED AGAINST THE NEW

YORK STATE POLICE, THE ATTORNEY GENERAL'S OFFICE WOULD BE CHARGED

UNDER THE LITIGATION BUREAU TO DEFEND THE STATE IN THOSE ACTIONS; IS THAT

CORRECT?

MR. PERRY: COULD YOU SAY THAT AGAIN?

MR. REILLY: YOU WANT ME TO READ THE WHOLE THING

AGAIN?

MR. PERRY: NO, NO, NO; JUST THE LAST -- JUST THE LAST

MR. REILLY: OKAY. SO, IF THERE'S A LAWSUIT FILED BY

AN INDIVIDUAL AGAINST THE NEW YORK STATE POLICE, THE ATTORNEY GENERAL

FOR NEW YORK STATE, THEIR LITIGATION BUREAU IS CHARGED WITH DEFENDING

THE STATE AND THE NEW YORK STATE POLICE; IS THAT CORRECT?

MR. PERRY: SOMETIMES THAT'S THE CASE.

MR. REILLY: SOMETIMES. ACTUALLY, THAT'S PROBABLY

-- YOU KNOW, I WOULD -- I WOULD SURMISE THAT IT'S ALWAYS THE CASE IF A

CASE IS BROUGHT AGAINST THE STATE. THEY ARE -- THEY REPRESENT THE STATE

IN CIVIL ACTIONS; WOULD YOU DISAGREE WITH THAT?

MR. PERRY: I SAY SOMETIMES THEY DO AND

SOMETIMES THEY DON'T.

MR. REILLY: SO, YOU'RE -- YOU'RE SAYING THE

ATTORNEY GENERAL'S OFFICE WOULD NEVER BE THE ATTORNEY REPRESENTING

NYS ASSEMBLY JUNE 10, 2020

THE STATE IN A CIVIL ACTION?

MR. PERRY: WELL, I RECENTLY HAD AN EXPERIENCE

WHERE WE HAD TO DEFEND THE CHALLENGE TO THE SPECIAL -- TO THE

COMMISSION AND PROSECUTORIAL CONDUCT, AND THE ATTORNEY GENERAL

WAIVED HER RESPONSIBILITY IN THAT CASE; WE HAD TO GET OUR OWN LAWYERS

HERE.

MR. REILLY: OKAY. BUT THAT -- BECAUSE THAT'S NOT

IN THE STATE'S INTEREST, RIGHT? THAT'S NOT IN THE STATE'S INTEREST THEN?

THAT'S WHY; IS THAT CORRECT? OR --

MR. PERRY: WELL, MY UNDERSTANDING IS THAT THEY --

IS THAT THEY CAN CHOOSE TO NOT HANDLE CERTAIN CASES. AND I BELIEVE THE

-- THE -- THE -- THE ATTORNEY GENERAL HAS THE CHOICE TO RECUSE HERSELF

FROM CERTAIN CASES AND HIRE AN INDEPENDENT -- INDEPENDENT

REPRESENTATIVE TO DEAL WITH THE MATTER WHERE THERE ARE CONFLICTS OF

INTEREST.

MR. REILLY: OKAY. SO -- SO, IF WE HAVE AN

INCIDENT, UNDER THIS LEGISLATION IF IT'S PASSED AND IT BECOMES LAW, AND

WE HAVE AN INCIDENT WHERE A NEW YORK STATE POLICE OFFICER, NEW

YORK STATE TROOPER IS INVOLVED IN AN INCIDENT, AND THE ATTORNEY

GENERAL IS OVERSEEING THIS SPECIAL OFFICE, WHAT'S THE STEPS TO ENSURE THAT

WHAT THE REMEDY YOU'RE LOOKING FOR WITH THIS LEGISLATION DOESN'T TAKE

EFFECT AT THE STATE LEVEL, BECAUSE IT IS AN ELECTED ATTORNEY GENERAL, IT

WOULD BE JUST LIKE THE DISTRICT ATTORNEY IN A COUNTY. HOW WOULD THE

REMEDY BE FILLED WITH THIS OFFICE UNDER THE ATTORNEY GENERAL

INVESTIGATING SUCH AN INSTANT -- INCIDENT WITH A NEW YORK STATE

NYS ASSEMBLY JUNE 10, 2020

TROOPER?

MR. PERRY: WELL, WHERE THEY'RE CONFLICTS IN

MATTERS HANDLED BY THE ATTORNEY GENERAL, SHE ALWAYS HAS THE AUTHORITY

OR THE OWNER OF THE OFFICE ALWAYS HAS THE AUTHORITY TO SEEK A SPECIAL

INVESTIGATOR IN THAT CASE. AND I THINK WE MAKE -- WE MAKE ALLOWANCE

FOR THAT WITH THIS BILL. AND SO OFFICE OF THE -- THE ATTORNEY GENERAL'S

OFFICE IS A VERY LARGE OFFICE. THEY -- THEY HAVE HUNDREDS OF

INVESTIGATORS, AND THEIR JOB IS VERY LARGE. THEY -- THEY COVER CASES --

MOST CASES THAT HAS TO DO WITH ACTIONS BY THE STATE. AND IT IS NOT LIKE

THE SAME SITUATION IN A LOCAL DISTRICT ATTORNEY'S OFFICE WHERE -- WHERE

EVERYBODY KNOWS EVERYBODY AND THEY ARE INTERACTING ON A DAILY,

REGULAR BASIS WITH THE LOCAL POLICE PRECINCTS. SO THE KIND OF CONFLICT OF

INTEREST THAT WE SEEK TO AVOID, WE WILL BE ABLE TO DO THAT WITH THE WAY

THAT WE HAVE SET UP THIS OFFICE. THE ATTORNEY GENERAL, WHOEVER IT MAY

BE AT THAT TIME, WILL HAVE THE AUTHORITY TO MAKE THE PROPER JUDGMENT.

AND WE HOPE THAT THE PERSON WE ELECT TO THAT OFFICE IS AS SMART AS WE

EXPECT THEM TO BE AND CAN MAKE THAT JUDGMENT ABOUT WHAT IS A CONFLICT

AND WHAT IS NOT, AND MAKE THE RIGHT DECISION ON THOSE CASES. THE FACT

IS, WE'RE NOT SAYING THAT THIS IS AN ABSOLUTELY PERFECT APPROACH. BUT WE

ARE RESPONDING TO THE CRY OF THE PUBLIC, THE PEOPLE WE REPRESENT. WE

HAVE HEARD THE VOICE OF THE PEOPLE. AND WE WANT TO MAKE SURE THAT

WE'RE NOT TURNING A DEAF EAR, AND WE'RE ACTING AS IF WE DON'T CARE. SO

WE'RE GOING TO DO THIS, AND IF IT'S NOT WORKING THE WAY WE EXPECT IT TO --

AND WE HAVE JUMPED A WHOLE LOT OF HOOPS TO GET HERE. PEOPLE HAVE

MARCHED IN THE STREETS. PEOPLE HAVE BEEN ABUSED IN THE STREET. PEOPLE

NYS ASSEMBLY JUNE 10, 2020

HAVE BEEN OUT THERE, TAKING RISKS WITH THEIR LIVES TO GET THE OPPORTUNITY

WHERE WE WOULD BE ABLE TO PASS THIS BILL. AND WE'RE SEIZING THAT

OPPORTUNITY, AND WE HOPE THAT YOU WILL BE A YES VOTE TO MAKE SURE THAT

THE PEOPLE'S VOICE IS HEARD AND THAT THEY KNOW THAT WE'VE HEARD THEIR

VOICES. ALL OF US LEGISLATORS HERE SHOULDN'T BE A STUMBLING BLOCK IN THIS

PROCESS. IT MIGHT NOT BE PERFECT, BUT WE OUGHT TO TRY SOMETHING.

RESTORE SOME CONFIDENCE IN THE PUBLIC ABOUT GOVERNMENT AND ABOUT

CRIMINAL JUSTICE. EVERYONE IS ENTITLED TO FEEL SAFE AND PROTECTED BY THE

POLICE.

MR. REILLY: YOU -- YOU'RE ABSOLUTELY -- YOU'RE

ABSOLUTELY CORRECT. AND THE QUESTION I HAVE IS, WHY WOULD IT BE OKAY

FOR A STATEWIDE-ELECTED ATTORNEY GENERAL - AND BY NO MEANS IS THIS AN

INDICATION OF WHOEVER HOLDS WHATEVER OFFICE WE'RE TALKING ABOUT AT THIS

TIME. WHAT IS THE DIFFERENCE BETWEEN HAVING A STATEWIDE-ELECTED

ATTORNEY GENERAL AND A LOCAL DISTRICT ATTORNEY WHO IS ELECTED BY THE

PEOPLE, IF THEY ARE CHARGED WITH THE SAME RESPONSIBILITIES? THEY ALSO

HAVE THE ABILITY TO RECUSE THEMSELVES AND ASK FOR A SPECIAL PROSECUTOR

AS WELL. WHY -- WHY WOULDN'T WE HAVE LEGISLATION THAT WOULD EXPAND

THAT POSITION FOR THEM? I'M JUST CURIOUS, IF YOU CAN ANSWER THAT.

MR. PERRY: I'D JUST LIKE TO MAKE MYSELF AS CLEAR AS

I POSSIBLY CAN. AND I JUST WANT YOU TO LEAVE A LITTLE OFF YOUR MINDSET.

AND WE -- AS I SAID BEFORE, WE KNOW THAT THIS REMEDY THAT WE PROPOSE

IS NOT PERFECT. WE'RE VERY, VERY AWARE OF THAT. BUT SHOULD WE JUST LET

THE PUBLIC CRY OUT, LET OUR CONSTITUENTS BEG AND APPEAL TO US TO DO

SOMETHING? WE CAN'T TRUST THE GOVERNMENT. WE DON'T BELIEVE IN THE

NYS ASSEMBLY JUNE 10, 2020

LOCAL PROSECUTOR'S OFFICE. WE DON'T BELIEVE WE CAN GET JUSTICE THERE.

OKAY. THEY COME TO US. SHOULD WE NOT TRY SOMETHING? THAT'S WHAT

WE'RE DOING. IF YOU HAVE A BETTER RECOMMENDATION, MR. REILLY, WE CAN

PUT IT IN WRITING. WE CAN -- YOU CAN CHAMPION THAT CAUSE AND WE'LL

LOOK AT YOUR PROPOSAL. THIS IS WHAT WE HAVE HERE TODAY. THIS IS WHAT

WE HAVE TO PASS. AND IT MIGHT NOT BE A HUNDRED PERCENT PERFECT, AND

YOU CAN LOOK AND DIG AND -- AND FIND ALL KINDS OF LITTLE REASONS WHY IT'S

NOT PERFECT. MY COLLEAGUE WHO SPOKE AHEAD OF YOU, HE'S NOT VOTING FOR

IT BECAUSE HE THINKS IT'S -- IT'S NOT GOING TO WORK, TOO. BUT, YOU KNOW,

WHEN THE HOUSE IS BURNING DOWN AND YOU HAVE SOME WATER, YOU USE AS

MUCH AS YOU CAN TO CONTROL THE FIRE. SO, WE'RE NOT GOING TO LET THE

HOUSE BURN DOWN. WE'RE GOING TO SAVE WHATEVER PIECE OF THE BUILDING

THAT WE CAN, AND WE'RE GOING TO RESPOND TO THE PEOPLE. WE'RE GOING TO

PASS LEGISLATION IN RESPONSE TO THEIR CRY. I CAN ONLY ASK YOU TO HELP US.

MR. REILLY: I'M GOING TO --

MR. PERRY: I APPRECIATE THE CRITICISM OF THE BILL. I

APPRECIATE YOU POINTING OUT THAT IT IS NOT A HUNDRED PERCENT BECAUSE OF

HOW THE SYSTEM IS -- IS SET UP. BUT WE ALSO HAVE THE ABILITY TO LOOK AT

OUR WORK AFTER IT'S DONE, AND IF THE MODEL IS NOT EXACTLY WHAT WE -- WE

THINK IT SHOULD BE, WE ALSO HAVE THE ABILITY TO FIX IT AND MAKE IT WORK.

AND THAT WE WILL DO.

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

MR. PERRY: DID THAT ANSWER YOUR QUESTION?

ACTING SPEAKER AUBRY: ON THE BILL.

MR. REILLY: YES. THANK YOU, MR. PERRY.

NYS ASSEMBLY JUNE 10, 2020

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. REILLY: SO, WE -- WE KNOW IT'S NOT PERFECT.

ONCE AGAIN, WE ARE RUSHING TO DO THINGS TO PUT IT OUT TO APPEASE

PEOPLE. WHY NOT GET IT RIGHT? WHY NOT LOOK FOR -- LIKE MY COLLEAGUE

SPOKE ABOUT IT BEFORE ME, WHY NOT LOOK TO SEE IF MAYBE A TRUE

INDEPENDENT VOICE IS NEEDED AND REQUIRED. BUT NO, WE'RE GOING TO TRY

AND APPEASE PEOPLE. THAT'S NOT WHAT THIS IS ABOUT. WE'RE NOT

SUPPOSED TO DO THAT. I JUST POINTED OUT SOME OF THE CONTRADICTIONS IN

THIS LEGISLATION WITH THE OFFICE OF ATTORNEY GENERAL. AND LIKE I SAID,

IT'S IN NO MEANS ABOUT ANYBODY WHO HOLDS THOSE OFFICES NOW. BECAUSE

WE MAY BE HAVING A CONVERSATION EIGHT YEARS FROM NOW WHEN

SOMEBODY ELSE IS THERE, RIGHT, AND WE'RE HAVING AN INCIDENT AND THEY'RE

LIKE, WELL, YOU PASSED THIS AND YOU HAVE THEM INVESTIGATING THE NEW

YORK STATE POLICE. THIS IS TRULY THE -- THE EXACT THING THAT WE TALK

ABOUT ALL THE TIME, ABOUT WELL, IT'S NOT PERFECT, BUT WE'VE GOT TO DO

SOMETHING. HOW ABOUT WE TAKE THE TIME AND TALK ABOUT IT? WE'RE

TALKING ABOUT THE PERCEPTION OF IMPROPRIETY OR FAVORITISM, RIGHT? BUT

MEANWHILE YOU'RE PLACING IT INTO ANOTHER ELECTED OFFICE. WHAT IS THE

DIFFERENCE BETWEEN AN ELECTED ATTORNEY GENERAL AND THE DISTRICT

ATTORNEY OF A COUNTY? THERE ISN'T. THEY'RE ALL HELD TO THE ELECTORATE.

HELD ACCOUNTABLE BY THE ELECTORATE. SO BY CREATING THIS OFFICE, WHICH

ACTUALLY DEFENDS THE NEW YORK STATE AGENCIES, INCLUDING THE STATE

POLICE, THIS IS PANDERING. THAT'S WHAT THIS IS. IT'S -- IT'S -- IT'S JUST

MEANINGLESS ON THE PAPER, BECAUSE IF YOU HAVE SOMEBODY THAT IS

NYS ASSEMBLY JUNE 10, 2020

ACTUALLY BEING INVESTIGATED, A NEW YORK STATE POLICE OFFICER, WE'RE

GOING TO HAVE THE SAME CONTRADICTION THAT YOU'RE TRYING TO REMEDY HERE.

IT DOESN'T MAKE SENSE. LET'S -- LET'S TALK ABOUT IT. LET'S FIND OUT IF THERE

REALLY IS A -- A DIFFERENT REMEDY. BUT I JUST POINTED OUT SOME OF THE

HYPOCRISY IN THIS LEGISLATION. AND IN NO MEANS AM I SAYING IT TO BE

INSULTING. I'M JUST SAYING IT THAT WE NEED TO STOP. BECAUSE OFTENTIMES I

SAY IT WHEN I'M DEBATING, WHAT HAPPENS ON THE FLOOR HERE AND IN THIS

PAPER DOESN'T TRANSITION TO THE STATE THE WAY IT SHOULD BE -- TO THE

STREET.

SO, I THINK WE REALLY NEED TO TAKE -- TAKE ACCOUNT OF

WHAT WE'RE DOING HERE AND -- AND MAKE SURE THAT IT'S REALLY THE RIGHT

THING. THANK YOU FOR YOUR TIME, MR. SPEAKER, AND FOR THE SPONSOR.

ACTING SPEAKER PRETLOW: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER PRETLOW: WILL THE SPONSOR

YIELD?

MR. PERRY: I YIELD, MR. GOODELL.

ACTING SPEAKER PRETLOW: THE SPONSOR

YIELDS.

MR. GOODELL: THANK YOU, MR. PERRY. AS YOU

KNOW, THERE ARE A DETAILED CODE OF ETHICS THAT APPLY TO DISTRICT

ATTORNEYS. AND INCLUDED AMONGST THOSE ARE AN ABSOLUTE PROHIBITION

FOR A DISTRICT ATTORNEY TO BE ENGAGED IN ANY POLITICAL ACTIVITIES EXCEPT

DURING THE TIME WHEN HE'S RUNNING OR SHE'S RUNNING FOR REELECTION.

NYS ASSEMBLY JUNE 10, 2020

WOULD YOU ENVISION, THEN, THAT IF THIS BILL IS ENACTED, THE NEW YORK

STATE ATTORNEY GENERAL WOULD ALSO THEN BE PROHIBITED FROM ENGAGING

IN ANY POLITICAL ACTIVITIES EXCEPT FOR THE YEAR IN WHICH THE ATTORNEY

GENERAL IS RUNNING FOR REELECTION?

MR. PERRY: THE ATTORNEY GENERAL IS A PROSECUTOR

AS WE SPEAK. SHE'S EMPOWERED WITH JURISDICTION THAT ALLOWS HER TIMES

TO HANDLE CRIMINAL MATTERS. SO I DON'T SEE A WHOLE LOT OF DIFFERENCE AS

FAR AS THE RESPONSIBILITIES OF THE ATTORNEY GENERAL, EXCEPT THAT THEY ARE

RESTRICTED TO LOCAL ACTION. BUT MOSTLY --

MR. GOODELL: SO -- SO YOUR POSITION, IF I -- IF I

MAY BE CLEAR, IS THAT YOU BELIEVE THE ATTORNEY GENERAL WOULD BE

SUBJECT TO THE ABSOLUTE PROHIBITION AGAINST ANY POLITICAL ACTIVITY THAT

CURRENTLY APPLIES TO DISTRICT ATTORNEYS BECAUSE THE ATTORNEY GENERAL

CURRENTLY HAS PROSECUTORIAL RESPONSIBILITIES?

MR. PERRY: WELL, I'M NOT SURE IF THAT'S SOMETHING I

SHOULD BE FOCUSED ON BECAUSE WE ELECT, LIKE WE DO IN A DISTRICT

ATTORNEY, WE ELECT AN ATTORNEY GENERAL, REPUTABLE PEOPLE WHO -- WHO

MEET THE STANDARDS THAT WE THINK ARE -- MAKE THEM -- WE'LL MAKE THEM

HONORABLE PEOPLE HOLDING THOSE OFFICES AND I THINK THAT THE ATTORNEY

GENERAL MEETS THAT STANDARD.

MR. GOODELL: NOW, AS YOU KNOW THE ETHIC RULES

ALSO PROHIBIT ANY DISTRICT ATTORNEY FROM ENGAGING IN ANY PRETRIAL

PUBLICITY OR COMMENTS. SO IN ADDITION TO STAYING OUT OF THE POLITICAL

ARENA, THE DISTRICT ATTORNEYS HAD A VERY CLEAR AND EXPLICIT ETHICAL

STANDARDS ABOUT NOT COMMENTING ON CASES THAT MIGHT COME BEFORE

NYS ASSEMBLY JUNE 10, 2020

THEM. WOULD YOU THEN ENVISION, IF WE PASSED THIS LAW, THAT OUR

ATTORNEY GENERAL WOULD NO LONGER BE ALLOWED TO COMMENT IN ANY

HIGH-PROFILE CASES INVOLVING ANY NEW YORK STATE POLICE OFFICERS THAT

INVOLVE THE DEATH OF A CIVILIAN?

MR. PERRY: WELL, PEOPLE LIKE ATTORNEY GENERALS

USUALLY ARE EXPERIENCED PROSECUTORS, WELL-TRAINED IN THE ETHICS AND

STANDARDS EXPECTED OF THEIR OFFICE. AND SO, I DON'T KNOW THAT THAT

SHOULD NECESSARILY BE A PROBLEM. THE LOCAL DISTRICT ATTORNEY I -- I

THINK THAT THOSE SPECIFIC RESTRICTIONS APPLY BECAUSE A LOCAL DISTRICT

ATTORNEY IS SPECIFICALLY A PROSECUTOR.

MR. GOODELL: SO IT WOULD BE YOUR VIEW THAT THE

ETHICAL RESTRICTIONS THAT APPLY TO DISTRICT ATTORNEYS WOULD NOT

NECESSARILY APPLY TO THE ATTORNEY GENERAL?

MR. PERRY: I'M NOT SAYING THAT.

MR. GOODELL: WELL, THEN WOULD YOU SAY --

MR. PERRY: I'M SAYING THAT --

MR. GOODELL: WELL, WHAT --

MR. PERRY: -- I DON'T BELIEVE IT IS NECESSARY FOR US

TO -- TO PASS STANDARDS THAT WILL BE RESTRICTING THE DAILY OPERATION OR

BEHAVIOR OF THE -- THE ATTORNEY GENERAL IN COMPARISON TO THE OFFICE OF

THE LOCAL PROSECUTOR.

MR. GOODELL: OKAY. THE STATE CONSTITUTION, AS

YOU KNOW, HAS SPECIFIC PROVISIONS RELATING TO DISTRICT ATTORNEYS. AND

INCLUDED IN THE STATE CONSTITUTION IS A SERIES OF CHECKS AND BALANCES

WHEREIN THE GOVERNOR CAN REMOVE A DISTRICT ATTORNEY WHO FAILS TO

NYS ASSEMBLY JUNE 10, 2020

FAITHFULLY PROSECUTE A PERSON CHARGED WITH A VIOLATION IN HIS OR HER

COUNTY OF ANY PROVISION OF THE LAW. DOES THE GOVERNOR ALSO HAVE AN

EQUAL POWER OF CHECKS AND BALANCES OVER THE ATTORNEY GENERAL?

(PAUSE)

MR. PERRY: I WOULD -- I DON'T BELIEVE -- I DON'T

BELIEVE SO, MR. GOODELL. YOU MAY WANT TO CORRECT ME IF I'M WRONG,

BUT THE ATTORNEY GENERAL IS ELECTED STATEWIDE AND I BELIEVE THE OFFICE

OF THE ATTORNEY GENERAL MIGHT ALSO BE -- (SIDEBAR) -- HE'S ELECTED

STATEWIDE AND HAS HER OWN MANDATE.

MR. GOODELL: THANK YOU, MR. PERRY. I APPRECIATE

YOUR COMMENTS. THANK YOU.

MR. PERRY: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THE UNDERLYING PREMISE OF THIS

PROPOSAL, AS -- AS MY COLLEAGUE ARTICULATED, IS A DEEP DISTRUST OF ALL OF

OUR DISTRICT ATTORNEYS ACROSS THE STATE, AND I HAVE TO SAY THAT IN MY

COUNTY, EVEN THOUGH THE DISTRICT ATTORNEY MAY BE A DIFFERENT POLITICAL

PARTY, WE DON'T START OUT WITH A PROMISE THAT OUR DISTRICT ATTORNEYS

CAN'T BE TRUSTED. EACH ONE OF THE DISTRICT ATTORNEYS ACROSS NEW YORK

STATE WERE ELECTED BY THE RESIDENTS OF THAT COUNTY. THE SAME IS NOT

TRUE, BY THE WAY, FOR THE ATTORNEY GENERAL. THE ATTORNEY GENERAL

CARRIED 1 IN 24 OF THE 62 COUNTIES AND LOST IN 38 COUNTIES ACROSS THE

STATE. SO THIS LEGISLATION SAYS WE'RE GOING TO TAKE AWAY THE

NYS ASSEMBLY JUNE 10, 2020

RESPONSIBILITY OF PROSECUTION FROM THE DISTRICT ATTORNEYS, BOTH

REPUBLICAN AND DEMOCRAT, THAT WERE ELECTED BY ALL THE RESIDENTS IN

THEIR COUNTY AND TRANSFER IT TO A STATEWIDE OFFICIAL WHO ONLY CARRIED 38

PERCENT OF THE COUNTIES IN THIS STATE. IN ADDITION, AS THE QUESTIONING

HAS -- HAS BEEN CLEAR, WE TAKE THE RESPONSIBILITY OF LAW ENFORCEMENT

PROSECUTIONS FROM THE DAS WHO HAVE VERY CLEAR ETHICAL REQUIREMENTS

THAT ARE ENFORCED BY THE COURTS AND WE TRANSFER THAT TO AN ATTORNEY

GENERAL WHO MAY OR MIGHT NOT BE BARRED FROM MAKING PRETRIAL

STATEMENTS OR PUBLICITY OR ENGAGING IN POLITICAL ACTIVITY. NOW PART OF

ME, THE POLITICAL PART OF ME SAYS THIS IS A GREAT IDEA. LET'S TRANSFER

PROSECUTORIAL AUTHORITY OVER THE ATTORNEY GENERAL AND THEN BRING HER

UP ON CHARGES IF SHE ENGAGES IN ANY POLITICAL ACTIVITY. BUT THE PUBLIC

POLICY PART OF ME, WHICH I HOPE CARRIES THE DAY, SAYS NO. THE SYSTEM

WE HAVE NOW IS THE BETTER SYSTEM. THE SYSTEM WE HAVE NOW HAS

CHECKS AND BALANCES. THE SYSTEM WE HAVE NOW HAS DETAILED ETHICAL

REQUIREMENTS THAT REQUIRE A PROSECUTOR OR A DA TO REFER A CASE OUT IF

THERE'S A CONFLICT OF INTEREST. AND IT HAPPENS ROUTINELY. AND IF A

PROSECUTOR DOESN'T DO THAT, IF HE DOESN'T MAKE A REFERRAL, THE COURTS WILL

STEP IN AND REQUIRE IT. AND IN ADDITION TO HAVING THE COURT STEP IN

THERE'S A SECOND LEVEL OF REVIEW AND THAT'S THE ATTORNEY GRIEVANCE

COMMITTEE. AND, BELIEVE ME. DEFENSE ATTORNEYS AND DEFENDANTS KNOW

HOW TO CONTACT THE ATTORNEY GRIEVANCE COMMITTEE IF THEY THINK THERE'S

AN ISSUE. BUT THERE'S A THIRD LEVEL OF PROTECTION IN OUR SYSTEM AS IT

EXISTS NOW, AND THAT THIRD LEVEL OF PROTECTION IS THAT THE GOVERNOR,

UNDER THE STATE CONSTITUTION, HAS THE AUTHORITY TO REMOVE A DISTRICT

NYS ASSEMBLY JUNE 10, 2020

ATTORNEY WHO DOES NOT PROPERLY PROSECUTE DEFENDANTS WITHIN THEIR

COUNTY. THOSE CHECKS AND BALANCES WOULD NOT APPLY UNDER THIS. NOW

IT'S NOT LIKE THIS LEGISLATION, BY THE WAY, HAS NEVER BEEN TRIED. BECAUSE

FOR THE LAST FIVE YEARS, UNDER OUR EXECUTIVE ORDERS, CERTAIN CASES

INVOLVING THE POLICE HAVE ACTUALLY BEEN REFERRED TO THE ATTORNEY

GENERAL BY THE GOVERNOR. AND THAT PROCESS INVOLVES AN INITIAL

ASSESSMENT BY THE GOVERNOR AND HIS STAFF THAT IT WOULD BE APPROPRIATE

FOR A SPECIAL PROSECUTOR. AND SO IF THERE'S A -- IF THERE'S A MASSIVE

DISTRUST OF THE SYSTEM RIGHT NOW AFTER FIVE YEARS OF THE GOVERNOR

MAKING HIS REFERRALS, I WOULD SUGGEST THAT CONTINUING WHAT WE'RE DOING

AND EXPECTING A DIFFERENT RESULT WOULD BE MISPLACING OUR CONFIDENCE IN

THE ATTORNEY GENERAL.

SO WE HAVE A SYSTEM NOW WITH HIGHLY PROFESSIONAL

DISTRICT ATTORNEYS AND PROSECUTORIAL STAFF THAT ARE ELECTED BY THE LOCAL

RESIDENTS WHO FOLLOW VERY CLOSELY EXACTLY WHAT THEY DO AND INSIST ON

THE HIGHEST STANDARDS. AND THOSE PROSECUTORS HAVE MULTIPLE CHECKS

AND BALANCES FROM THE NEW YORK STATE GRIEVANCE COMMITTEE, FROM

THE COURTS AND EVEN THE GOVERNOR. AND WE KNOW THAT THE SYSTEM

WORKS PROPERLY IN MOST -- IN ALMOST ALL CASES. THERE MAY BE PROBLEMS

IN NEW YORK CITY BUT NEW YORK CITY IS NOT THE ENTIRE STATE. AND THE

REST OF THE STATE WORKS VERY, VERY WELL, AND WE SEE THOUGHTFUL REFERRALS

BEING MADE WHENEVER THERE'S A POTENTIAL CONFLICT, AND THAT'S THE WAY

THE SYSTEM SHOULD OPERATE. SO LET'S NOT TAKE AWAY AUTHORITY FROM ALL

THE LOCAL VOTERS WHO ELECT A DA, WHETHER IT'S REPUBLICAN OR DEMOCRAT,

IN MY COUNTY IT'S A DEMOCRAT. LET'S NOT TAKE THAT AWAY. LET'S NOT TAKE

NYS ASSEMBLY JUNE 10, 2020

AWAY THE CHECKS AND BALANCES THAT EXIST IN THE CURRENT SYSTEM, THAT'S

NOT A SMART WAY TO DO IT, WE WANT CHECKS AND BALANCES. LET'S NOT

CREATE AN ISSUE ABOUT WHETHER OR NOT THE ATTORNEY GENERAL CAN

CONTINUE TO ENGAGE IN POLITICAL ACTIVITIES. OR CAN CONTINUE TO COMMENT

ON HIGH-PROFILE CASES. THE LOCAL SYSTEM WORKS. AND CONTRARY TO SOME

FOLKS, MOST PEOPLE HAVE A GREAT DEAL OF CONFIDENCE IN THE

PROFESSIONALISM AND THE INTEGRITY OF OUR DISTRICT ATTORNEYS AND THE

POLICE FORCE THAT RISK THEIR LIVES EVERY DAY TO PROTECT US. I THINK THIS

LEGISLATION IS UNNECESSARY AND INAPPROPRIATE AND I'LL URGE MY

COLLEAGUES TO VOTE AGAINST IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ABINANTI.

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

SUPPORT THIS LEGISLATION WHICH WOULD GIVE THE NEW YORK STATE

ATTORNEY GENERAL JURISDICTION, EXCLUSIVE JURISDICTION IN CERTAIN MATTERS

INVOLVING POLICE OFFICERS AND OTHER LAW ENFORCEMENT OFFICIALS. OUR

DEMOCRACY IS BASED ON LAWS, NOT MEN SOMEONE ONCE SAID. WE CAN SAY

TODAY THAT SHOULD BE LAWS, NOT MEN AND WOMEN. BUT THE POINT IS, OUR

LAWS NEED TO BE ENFORCED. THEY MUST BE ENFORCED FAIRLY AND

UNIFORMLY. WE NEED TO STRUCTURE OUR SYSTEM SO THAT THE LAW IS

ENFORCED AND PEOPLE THROUGHOUT THE STATE CAN HAVE CONFIDENCE IN THE

WAY THE LAW IS BEING APPLIED AGAINST ALL WHO VIOLATE THE LAW INCLUDING

LAW ENFORCEMENT OFFICIALS. WE NEED TO HAVE A SYSTEM WITH CHECKS AND

BALANCES AND ACCOUNTABILITY TO PRESERVE OUR DEMOCRACY. WITHOUT

THEM WE WOULD HAVE ANARCHY, WHETHER BY THOSE ON THE STREET OR THOSE

NYS ASSEMBLY JUNE 10, 2020

IN UNIFORM. THE SYSTEM HAS TO POLICE ITSELF AND IN EFFECT POLICE ITS OWN

POLICE. SOME QUESTION HAS BEEN RAISED WHY NOT LEAVE THIS POWER TO

PROSECUTE LAW ENFORCEMENT IN THE HANDS OF LOCAL DISTRICT ATTORNEYS

WHERE IT HAS BEEN FOR A WHILE. WELL, WE HAVE SEEN, MR. SPEAKER, IT IS

NOT WORKING VERY WELL, ESPECIALLY OF LATE. FIRST OF ALL, THE DISTRICT

ATTORNEYS HAVE A CONFLICT OF LAW -- IN FACT, IF NOT IN LAW. THEY WORK

EVERY DAY WITH LOCAL LAW ENFORCEMENT. THEY DEVELOP RELATIONSHIPS

WITH LAW ENFORCEMENT AND THEY'RE DEPENDENT ON LOCAL LAW ENFORCEMENT

FOR THE PROPER FUNCTIONING OF THEIR OFFICES. SECONDLY, MR. SPEAKER, THE

DISTRICT ATTORNEYS ARE ELECTED ON A COUNTY-WIDE BASIS. WE WANT OUR

STATEWIDE LAWS ENFORCED STATEWIDE. WE WANT THEM APPLIED TO LAW

ENFORCEMENT JUST AS THEY'RE APPLIED TO EVERYONE ELSE AND WE WANT THEM

DONE FAIRLY IN EVERY COUNTY. WE DON'T WANT THEM APPLIED MORE

LENIENTLY OR MORE HARSHLY ON LAW ENFORCEMENT IN ANY COUNTY. A POLICE

OFFICER WHO COMMITS A CRIME SHOULD NOT BE DEPENDENT ON WHERE HE

COMMITTED THE CRIME TO UNDERSTAND WHETHER HE'S GOING TO BE

PROSECUTED AND HOW HARSHLY HE'S GOING TO BE PROSECUTED.

NOW AN ISSUE HAS BEEN RAISED AS TO WHETHER THE

ATTORNEY GENERAL MIGHT HAVE A CONFLICT HIMSELF OR HERSELF BECAUSE

THERE MAY BE A SITUATION WHERE THE STATE POLICE ARE INVOLVED. FIRST I

NOTE, MR. SPEAKER, THAT THERE ARE PROBABLY 20 TIMES MORE LOCAL LAW

ENFORCEMENT OFFICIALS THAN THERE ARE STATE POLICE IN THE STATE OF NEW

YORK. I DON'T HAVE THE EXACT NUMBERS, BUT WE'RE TALKING IN A COUPLE OF

THOUSAND MAYBE, I'M NOT SURE WHAT THE NUMBERS OF STATE POLICE,

SOMEWHERE IN THAT NEIGHBORHOOD, LITTLE BIT MORE, LITTLE BIT LESS. THERE

NYS ASSEMBLY JUNE 10, 2020

ARE 30,000 NEW YORK CITY POLICE OFFICERS ALONE AND PROBABLY AN EQUAL

NUMBER, IF NOT MORE, THROUGHOUT THE REST OF THE STATE. SO THE POTENTIAL

FOR CONFLICT FOR THE ATTORNEY GENERAL VERSUS THE DISTRICT ATTORNEY IS

VERY SMALL. FURTHER, MR. SPEAKER, THE LEGISLATION SAYS THAT THE

ATTORNEY GENERAL SHALL APPOINT AND DESIGNATE A DEPUTY ATTORNEY

GENERAL TO EXERCISE THE POWERS AND DUTIES OF THIS OFFICE. WE ARE

FAMILIAR BY WATCHING THE NATIONWIDE SCENE THE DIFFERENCE BETWEEN THE

TOP LAW ENFORCEMENT OFFICIAL - THE ATTORNEY GENERAL OF THE STATE OF

NEW YORK - AND HIS DEPUTY, AND WE'VE SEEN ALL OF THE DIFFERENT WAYS

AND ALL OF THE DIFFERENT MACHINATIONS, SOME GOOD, SOME BAD, ABOUT

HOW TO DELEGATE AUTHORITY IN THE CASE WHERE THE CHIEF LAW ENFORCEMENT

OFFICIAL, THE CHIEF ATTORNEY GENERAL BELIEVES THAT HE OR SHE SHOULD STEP

ASIDE AND LET THE SUBORDINATE MAKE THE DECISIONS. FURTHER, LAW OFFICES

ARE VERY FAMILIAR WITH CONFLICTS OF INTEREST. IT HAPPENS ALL OF THE TIME.

THEY RESPOND VARIOUS WAYS. THERE IS SOMETHING THAT'S CALLED A

CHINESE WALL THAT'S BUILT IN A LARGE FIRM. AND THE ATTORNEY GENERAL'S

OFFICE IS CERTAINLY A VERY LARGE OFFICE. IT IS NOT HARD FOR THE ATTORNEY

GENERAL'S OFFICE TO SEPARATE THEIR --CIV -- CIVIL DIVISION FROM THEIR

PROSECUTING DIVISION, ESPECIALLY THIS PARTICULAR DIVISION. SO I WOULD

SUSPECT THAT THERE WILL BE AN APPROPRIATE SEPARATION.

FURTHER MR. SPEAKER, I SUGGEST THAT IF THE ATTORNEY

GENERAL DETECTS A CONFLICT, THE ATTORNEY GENERAL CAN EITHER ASK TO HAVE

A SPECIAL PROSECUTOR APPOINTED BY THE GOVERNOR OR CAN DECLINE TO

REPRESENT IN A CIVIL MATTER AND HAVE A -- A CIVIL LAWYER REPRESENT IN THE

CASE OF THE CONFLICT. THIS STATUTE PROVIDES FOR PUBLIC ACCOUNTABILITY. IT

NYS ASSEMBLY JUNE 10, 2020

SAYS THAT THE ATTORNEY GENERAL SHALL ISSUE A REPORT SO THAT PEOPLE CAN

SEE WHAT FACTORS WENT INTO A DETERMINATION BY THE ATTORNEY GENERAL.

AND THE ATTORNEY GENERAL IS A HIGH-PROFILE POSITION SUBJECT TO THE

SCRUTINY OF THE PRESS AND THE PUBLIC. SO THERE WILL BE ACCOUNTABILITY.

THE PUBLIC WILL KNOW WHAT'S GOING ON.

SO IN CONCLUSION, MR. SPEAKER, I SUPPORT THIS

APPROACH AND I SUPPORT THIS LEGISLATION. I, MYSELF, INTRODUCED

LEGISLATION VERY SIMILAR, BUT I COMPLIMENT THE INTRODUCER OF THIS

LEGISLATION. THIS IS A WELL-DESIGNED PIECE OF LEGISLATION,

WELL-DESERVING OF OUR SUPPORT, SO I COMMEND THE SPONSOR. I WILL VOTE

YES, AND I ASK ALL MY COLLEAGUES TO DO SO AS WELL.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOTTFRIED.

MR. GOTTFRIED: YEAH, MR. SPEAKER. YOU KNOW

PEOPLE HAVE SAID ABOUT THIS BILL THAT IT -- IT REFLECTS A DISTRUST OF OUR

DISTRICT ATTORNEYS. NO, IT DOESN'T. IT REFLECTS RECOGNIZING REALITY. OUR

DISTRICT ATTORNEYS, IN THE NATURE OF THEIR WORK EVERY DAY, ARE

DEPENDENT ON CLOSE COOPERATION WITH THE POLICE. EVERY DAY THEY RELY

ON THE POLICE TO DEVELOP CASES. THEY RELY ON POLICE OFFICERS TO TESTIFY

IN COURT. THE NOTION THAT ORDINARY HUMAN BEINGS WHO ARE OUR DISTRICT

ATTORNEYS CAN JUST DISREGARD ALL OF THAT JUST DOESN'T RECOGNIZE REALITY

AND IT ALSO DOESN'T RECOGNIZE SIMPLE HISTORY. THIS BILL DOES NOT COME --

DOES NOT SPRING FORTH FROM A VACUUM. THIS BILL REFLECTS, UNFORTUNATELY,

DECADES AND DECADES, MAYBE HUNDREDS OF YEARS A VERY -- A VERY BAD

HISTORY. WE HAVE A SYSTEM NOW THAT DOESN'T WORK. THERE ARE COUNTLESS

NYS ASSEMBLY JUNE 10, 2020

CASES THAT DEMONSTRATE THAT IT DOESN'T WORK, AND ONE OF THE MAIN

REASONS WHY IT DOESN'T WORK IS BECAUSE IT RELIES ON A DISTRICT ATTORNEY

SOMEHOW IGNORING AND DISREGARDING THE VERY CLOSE WORKING

RELATIONSHIP THAT THE DISTRICT ATTORNEY HAS TO HAVE WITH THE LOCAL

POLICE. AND UNFORTUNATELY, THERE ARE INDIVIDUAL CASES WHERE THAT CLOSE

RELATIONSHIP JUST GETS IN THE WAY OF JUSTICE AND THIS IS A BILL THAT GIVES

US A REAL CHANCE TO HAVE JUSTICE PREVAIL. THANK YOU.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 68. THIS IS A PARTY VOTE. ANY MEMBER

WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER

PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS. IF

THERE ARE REPUBLICAN MEMBERS WHO WOULD LIKE TO VOTE IN FAVOR OF THIS

BILL, PLEASE CONTACT THE MINORITY'S OFFICE IMMEDIATELY. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE SUPPORTING THIS ONE

NYS ASSEMBLY JUNE 10, 2020

AS A PARTY VOTE. THERE ARE A FEW OF US WHO WOULD LIKE TO VOTE NO. I DO

HAVE SOME NAMES, BUT IF THERE ARE OTHERS, PLEASE FEEL FREE TO CONTACT US

AND WE'RE HAPPY TO RECORD YOU AS SUCH.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

(THE CLERK RECORDED THE VOTE.)

TO EXPLAIN THEIR VOTE, MS. GLICK.

MS. GLICK: TO EXPLAIN MY VOTE. MANY, MANY

YEARS AGO I CAMPAIGNED WITH THEN BROOKLYN DA ELIZABETH HOLTZMAN

WHO WAS ONE OF THE FEW DAS WHO ACTUALLY AT THE TIME HAD A POLICE

CORRUPTION, POLICE RESPONSIBILITY UNIT. AND I WAS CAMPAIGNING WITH

HER SOMEWHERE OUT IN WHITESTONE - I'M A QUEENS KID, SO I KNOW THE

NEIGHBORHOODS - AND A LARGE GENTLEMAN, TALL GENTLEMAN CAME OVER AND

TOWERED OVER HER AND SAID, HOW MANY COPS ARE YOU GOING TO PUT IN JAIL

TODAY? AND SHE SAID, ANYONE WHO DISHONORS THE BADGE. SHE WAS VERY

UNIQUE AND IF EVERY DA HAD THE SAME STEELY -- STEELINESS OF PURPOSE,

PERHAPS THE BILL WOULDN'T BE NECESSARY. BUT SADLY I THINK THAT IT IS

IMPORTANT AND I APPRECIATE MR. PERRY BRINGING IT FORWARD AND I WILL

WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. BARRON TO EXPLAIN HIS VOTE.

MR. BARRON: THANK YOU, MR. SPEAKER. YOU

KNOW EVERY TIME WE SPEAK OF BILLS I HEAR THE WORD "PERFECTION". THIS

AIN'T PERFECT, I'M NOT LOOKING FOR PERFECTION. I'M LOOKING FOR US TO

NYS ASSEMBLY JUNE 10, 2020

MOVE IN THE RIGHT DIRECTION. YOU WANT TO HEAR THE VOICE OF THE PEOPLE?

THEN MOST OF THE PEOPLE THAT I'VE DEMONSTRATED WITH OVER THE DECADES

HAVE CALLED FOR AN INDEPENDENT PROSECUTOR, NOT A SPECIAL PROSECUTOR.

THEY WANTED TO MOVE AWAY FROM THE SYSTEM, NOT INTO THE SYSTEM WITH

A SPECIAL PROSECUTOR UNDER THE AG'S OFFICE. AND JUST AS THE DAS, THAT

IS CORRECT. THE DAS HAVE A CLOSE RELATIONSHIP WITH THE POLICE SO

THEY'RE NOT IN CHARGE OR IN -- OR CAPABLE OF REALLY MEETING OUT JUSTICE.

BUT WHEN YOU HAVE AN AG'S OFFICE THAT HAS HUNDREDS OF INVESTIGATORS

THAT ARE EX POLICE OFFICERS, THEN YOU NEED TO GET OUT OF THE SYSTEM TO

GET JUSTICE. I JUST DON'T WANT US TO THINK THAT YOU WENT THROUGH ALL OF

THIS AND YOU'RE CELEBRATING SOMETHING THAT YOU DON'T REALLY HAVE.

THAT'S MY CONCERN. I SPOKE TO MANY OF THE VICTIMS OF POLICE KILLING,

THE FAMILY MEMBERS, THEY WANTED A SPECIAL PROSECUTOR. THE LAST TIME

AROUND I DIDN'T SPEAK OUT AGAINST IT. I SAID FINE. IT WASN'T UP FOR A BILL,

BUT I WENT TO RALLIES AND SOME OF THEM WANTED, BUT THE PEOPLE WERE

CALLING FOR AN INDEPENDENT PROSECUTOR. SO WE GOT TO WATCH THAT WE

DON'T PUT THIS CALL FOR JUSTICE IN AN OFFICE THAT'S ALREADY BEEN

COMPROMISED AND CONTROLLED BY THE GOVERNOR. THAT'S WHY I THINK WE

HAVE TO DO AN INDEPENDENT PROSECUTOR. I AM GOING TO PUT LEGISLATION

FORWARD, BECAUSE THAT'S WHAT REALLY NEEDS TO HAPPEN. IT WOULD BE SAD

THAT WE ARE TAKING ALL OF THIS STUFF AND -- AND HAVING PEOPLE THINKING

THEY HAVE SOMETHING THAT THEY DON'T REALLY HAVE.

ACTING SPEAKER AUBRY: MR. BARRON.

MR. BARRON: THE ONLY WAY --

ACTING SPEAKER AUBRY: YOUR TIME --

NYS ASSEMBLY JUNE 10, 2020

MR. BARRON: I VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MS. NIOU.

MS. NIOU: THANK YOU, MR. SPEAKER. I JUST WANTED

TO SAY THAT, YOU KNOW, WHEN WE SAW THE ERIC GARNER CASE PLAY OUT AND

WHEN WE SAW THAT HE WAS MURDERED AND THERE WAS SO LITTLE DONE AND --

AND WE SAW THE -- THE DIFFERENT VERDICTS AROUND (UNINTELLIGIBLE) PLAY

OUT, WE KNEW THAT THERE WAS UNFAIRNESS WITHIN THE SYSTEM AND IN THE

SENTENCING STRUCTURE AND IN A LOT OF THE THINGS THAT WE WERE SEEING.

AND SO, YOU KNOW, I WAS ALSO ONE OF THE FOLKS WHO REALLY WANTED AN

INDEPENDENT PROSECUTOR. I ALSO FELT LIKE, YOU KNOW, SOMEBODY SHOULD

KIND OF OVERSEE WHAT WAS BEING DECIDED AND -- AND -- AND I THINK, YOU

KNOW, I AGREE WITH SOME OF WHAT MY COLLEAGUE IS SAYING THAT WE NEED

TO DISMANTLE SOME OF THE SYSTEM THAT WE ARE ALREADY -- ACTUALLY, WE

NEED TO DISMANTLE ALL OF THE SYSTEM THAT WE ALREADY KNOW HAS BEEN

BUILT VERY RACIST THROUGHOUT AND I THINK THAT, YOU KNOW, IT'S IMPORTANT

THAT WE HAVE OVERSIGHT OVER, YOU KNOW, OVER THE OVERSIGHT I GUESS YOU

WOULD SAY. AND SO I THINK THAT, YOU KNOW, THERE IS SOME -- THERE IS

SOMETHING TO BE SAID ABOUT THAT AND I THINK THAT IT'S REALLY IMPORTANT

THAT WE DO BRING THAT TO OUR CITIZENS. I THINK THAT -- I HEARD, YOU KNOW,

ONE OF MY COLLEAGUES TALK ABOUT A CITIZENS-DRIVEN REVIEW BOARD AND I

THINK THAT THAT IS AN INCREDIBLE IDEA. I THINK THAT WE SHOULD BE TALKING

ABOUT THAT AND I THINK THAT, YOU KNOW, WE SHOULD HAVE A [SIC]

INDEPENDENT PROSECUTOR. I THINK THAT THIS BILL IS AN IMPORTANT ONE TO SET

UP A SYSTEM, BUT I DO THINK THAT, YOU KNOW, AS LEADERS, WE SHOULD ALSO

NYS ASSEMBLY JUNE 10, 2020

BE MAKING SURE THAT THE POWER GOES BACK INTO THE PEOPLE. SO, YOU

KNOW, WITH THAT I VOTE IN THE AFFIRMATIVE. I THINK THAT IT'S GREAT TO HAVE

A [SIC] OVERSIGHT OF THE OVERSIGHT.

ACTING SPEAKER AUBRY: MS. BICHOTTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO FIRST THANK THE SPONSOR FOR

INTRODUCING THIS BILL. THIS BILL WOULD ESTABLISH THE OFFICE OF SPECIAL

INVESTIGATIONS WITHIN THE OFFICE OF THE ATTORNEY GENERAL TO INVESTIGATE

AND HOLD COURT PROCEEDINGS AROUND CASES INVOLVING THE DEATH OF A

PERSON CAUSED BY A POLICE OR A PEACE OFFICER. INDIVIDUALS HAVE TO

ENTRUST THAT OUR CRIMINAL JUSTICE SYSTEM WILL BE IMPARTIAL AND FAIR.

AND IN THE UNFORTUNATE INCIDENT THAT THEIR LOVED ONE IS KILLED BY THE

POLICE. I WOULD NOT WISH THIS UPON ANYONE. HOWEVER, IN THE INCIDENT

THAT IT DOES OCCUR, WE NEED TO ENSURE THAT JUSTICE IS SERVED BY

IMPLEMENTING A SPECIAL INVESTIGATOR OR INDEPENDENT INVESTIGATOR WHO

WILL WORK INDEPENDENTLY TO GATHER THE FACTS AND WHEN APPROPRIATE WILL

PROSECUTE IN THE SAME MANNER AS A DISTRICT ATTORNEY.

WE SEE WHAT HAPPENED IN GEORGIA WITH AHMAUD

ARBERY. MULTIPLE PROSECUTORS HAD TO RECUSE THEMSELVES FROM THE

INVESTIGATION DUE TO BIASES FURTHER MISHANDLING THE INVESTIGATION AND

DELAYING ARBERY THE OPPORTUNITY TO RECEIVE JUSTICE. THIS IS NOT OKAY.

OUR LIVE [SIC] MATTERS AND IT IS IMPERATIVE THAT WE SUPPORT THIS BILL TO

ENSURE THAT JUSTICE IS NOT DENIED TO ANYONE DUE TO BIASES, CONFLICTS OF

INTEREST OR LACK OF JUDGMENT. I -- I DO WANT TO MAKE MENTION THAT I DO

SUPPORT THE -- THE FACT IN MAKING THIS BILL GO FURTHER AND I'M HOPING IN

NYS ASSEMBLY JUNE 10, 2020

THE NEAR FUTURE THAT WE DO RECONSIDER THIS TO BE AN INDEPENDENT.

ALTHOUGH I HAVE FULL CONFIDENT [SIC] THAT THE CURRENT AG WOULD BE FAIR

AND -- AND DO AN EQUITABLE JOB, BUT WHEN SHE VACATES THE POSITION, WE

DON'T KNOW WHO WE'RE GOING TO HAVE. AND SO I DO FEEL THAT IT SHOULD BE

AN INDEPENDENT PROSECUTOR AND AGAIN, YOU KNOW, LIKE MY COLLEAGUES

HAS SAID, YOU KNOW, THIS IS A STEP IN THE RIGHT DIRECTION BUT WE HAVE A

LONG WAY TO GO. WE STILL HAVE TO BAN RACIAL PROFILING. WE CAN STILL

IMPROVE ON THE REPEAL OF 50-A AND A LOT MORE. SO I WILL VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MR. COLTON.

MR. COLTON: THANK YOU, MR. SPEAKER. NEW YORK

STATE HAS A CONSTITUTIONAL PROCEDURE SET UP FOR TRYING DEFENDANTS,

BECAUSE DEFENDANTS ALSO HAVE RIGHTS IN THE CRIMINAL JUSTICE SYSTEM AND

ALL TOO OFTEN THOSE RIGHTS GET ABUSED. SO WE HAVE A PROCEDURE WHERE A

DISTRICT ATTORNEY, WHO IS ELECTED WITHIN THAT PARTICULAR JURISDICTION, IS

THE ONE WHO IS PRIMARILY CHARGED WITH PROSECUTING CASES AGAINST

CRIMINAL DEFENDANTS. AND IF THAT DISTRICT ATTORNEY DOES NOT DO THE JOB

PROPERLY, AS HAS BEEN ALLEGED WITH THE PERCEPTION OF MANY PEOPLE IN

THE COMMUNITY, THEN THERE ARE ALTERNATIVES THAT HAVE TO BE FOLLOWED.

AND THE GOVERNOR HAS DONE THAT WITH HIS ORDER IN 2015 IN THE CASE OF

KILLINGS, PEOPLE DYING IN INTERACTION WITH POLICE OFFICERS. BUT WHAT WE

NEED TO DO IN THIS SITUATION - AND I HAVE VOTED AGAINST THIS BILL IN THE

PAST IS BECAUSE I DO NOT BELIEVE THAT POLICE OFFICERS SHOULD BE SINGLED

NYS ASSEMBLY JUNE 10, 2020

OUT FOR DIFFERENT TREATMENT THAN OTHER PEOPLE. I THINK THAT THIS BILL

BASICALLY WOULD SINGLE OUT POLICE OFFICERS AND SET UP A DIFFERENT

PROCEDURE WHEREAS INSTEAD OF THE PROSECUTOR BEING AN ELECTED OFFICIAL,

THE PROSECUTOR WOULD BE SOMEONE WHO IS APPOINTED BY AN ELECTED

OFFICIAL, A STATEWIDE ELECTED OFFICIAL, BUT NEVERTHELESS A SEPARATE OFFICE

APPOINTED BY. IT WOULD NOT BE INDEPENDENT. IT REALLY DOES NOT FURTHER

JUSTICE AND I THINK IN SINGLING OUT POLICE OFFICERS, WE MAY VERY WELL

SUBJECT THEM TO A VIOLATION OF BAD DUE PROCESS IN TERMS OF THAT THEY

WILL GET A FAIR TRIAL. NOW WE HAVE TO MAKE SURE THAT IF THEY HAVE DONE

SOMETHING WRONG THAT THEY WILL BE PROSECUTED AND THAT IN FACT THEY WILL

BE PROSECUTED IN A WAY THAT THEY WILL SUFFER THE CONSEQUENCES OF

TERRIBLE BEHAVIOR. BUT I DO NOT BELIEVE THIS IS THE WAY TO DO IT, AND SO

THEREFORE I WITHDRAW MY REQUEST AND ON THIS BILL I VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. COLTON IN THE

NEGATIVE.

MR. MOSLEY.

MR. MOSLEY: I WANT TO THANK -- THANK YOU, MR.

SPEAKER FOR THIS OPPORTUNITY. I WANT TO JUST SAY I APPLAUD THE SPONSOR

OF THIS LEGISLATION, BUT I KNOW THAT THERE'S SOME -- SOME ISSUES THAT WE

HOPE WE RESOLVE GOING FORWARD. IT'S MORE THAN JUST HAVING A SPECIAL

PROSECUTOR'S OFFICE AND AN AG'S OFFICE BUT THE SPECIAL PROSECUTOR'S

OFFICE HAS TO PROVE HIMSELF OR HERSELF TO BE INDEPENDENT AND BE

REFLECTIVE OF THE SENTIMENTS OF THE PEOPLE THAT THEY REPRESENT

STATEWIDE. SO WITH THAT BEING SAID, I'M GOING TO GIVE THE OPPORTUNITY

THROUGH MY VOTE TO THE ATTORNEY GENERAL. BUT I HOPE THAT WE ALSO

NYS ASSEMBLY JUNE 10, 2020

LEAVE OPEN THE OPTION OF HAVING AN INDEPENDENT PROSECUTOR BECAUSE

YOU'VE BEEN DOWN THIS ROAD WAY TOO OFTEN, PARTICULARLY IN NEW YORK

CITY. SO I APPLAUD THE STAFF AND I APPLAUD THE SPEAKER AND I APPLAUD

THE SPONSOR, BUT I -- I GIVE MY VOTE OF CONFIDENCE TO THE ATTORNEY

GENERAL HOPING THAT THAT OFFICE DOES THE RIGHT THING ON BEHALF OF THE

PEOPLE THEY ARE SWORN TO SERVE AND PROTECT. SO I PROUDLY VOTE IN THE

AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MOSLEY IN THE

AFFIRMATIVE.

MS. WALKER.

MS. WALKER: THANK YOU, MR. SPEAKER. TODAY

AGAIN IS ANOTHER PROUD MOMENT IN A ROUND OF POLICE REFORMS THAT THE

NEW YORK STATE HAVE EMBARKED UPON. I THINK THAT ONE OF THE THINGS

THAT WE HAVE BEEN SHOWN FROM WALLER COUNTY, TEXAS WITH SANDRA

BLAND TO FERGUSON WITH MICHAEL BROWN. STATEN ISLAND, NEW YORK

WITH ERIC GARNER, TO NOW WHAT WE'RE EXPERIENCING IN MINNESOTA. WE

RECOGNIZE THAT IT'S IMPORTANT FOR US TO HAVE ONE LEVEL OF JUSTICE.

STRAIGHT JUSTICE. PURE AND SIMPLE. WE SHUN UPON FORUM SHOPPING AT

EVERY LEVEL WHERE PEOPLE WILL GET A DIFFERENT RESULT DEPENDING ON THE

JURISDICTION THAT THEY'RE LOCATED IN. WE SEE THAT THIS MOVEMENT IS A

NATIONAL MOVEMENT AND IT DESERVES A NATIONAL RESPONSE. AND I BELIEVE

THAT PUTTING THE JURISDICTION IN THE HANDS OF THE NEW YORK STATE

ATTORNEY GENERAL WILL ALLOW FOR SOME LEVEL OF UNIFORMITY AS THEY WORK

WITH OTHER ATTORNEY GENERALS ACROSS THIS COUNTRY SO THAT WE CAN HAVE

ONE UNIFORM VOICE THAT WE'RE SPEAKING IN SO THAT WE SEND A STRONG

NYS ASSEMBLY JUNE 10, 2020

MESSAGE TO LAW ENFORCEMENT ALL ACROSS THE COUNTRY THAT FAIRNESS,

JUSTICE AND EQUITY WILL SPEAK IN ONE VOICE. ONE PEOPLE. BLACK LIVES

MATTER. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALKER IN THE

AFFIRMATIVE.

MR. LAVINE.

MR. LAVINE: THANK -- THANK YOU, MR. SPEAKER.

AND I WANT -- I WANT TO THANK THE SPONSOR AS WELL. WHEN THE SPONSOR

HAD INTRODUCED A SIMILAR PIECE OF LEGISLATION SEVERAL YEARS AGO, A

SOMEWHAT SIMILAR PIECE OF LEGISLATION, I WAS SOMEWHAT SUSPECT OF THAT,

BUT I THINK THAT THE SPONSOR'S VIEW HERE IS WORTHY OF A LOT OF NARRATIVE.

I WANT TO SAY THIS: WE'VE HAD SOME CRITICISM BECAUSE WE'RE MOVING

TOO SLOWLY ACCORDING TO SOME AND WE'RE NOT MOVING WITH THE -- THE

SPEED AND THE DISPATCH THAT OTHERS WOULD LIKE TO SEE, BUT I'M ALWAYS

REMEMBER -- I ALWAYS REMEMBER RUTH BADER GINSBURG'S OBSERVATION

THAT TRUE CHANGE IS NOT EASY. TRUE CHANGE COMES SLOWLY AND IT COMES

INCREMENTALLY AND I'M HAPPY TO BE PART OF THAT CHANGE. AND WHEN IT

COMES TO BILLS LIKE THIS THAT DEAL WITH JUSTICE, WE LOOK AT THIS NOT ONLY

FROM THE PERSPECTIVE OF NEW YORK STATE AND WHAT WE DO IN NEW YORK

STATE, BUT NEW YORK SETS A NATIONAL STANDARD. AND IF EVER THERE WAS A

TIME FOR US TO BE SETTING NATIONAL STANDARDS IT IS TODAY AND I ALWAYS WILL

ASK MYSELF WHEN I VOTE ON THESE BILLS, WHAT WOULD JOHN LEWIS DO,

WHAT WOULD CONGRESSMAN JOHN LEWIS DO. AND WITH THAT IN MIND, I'M

VERY PLEASED TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

NYS ASSEMBLY JUNE 10, 2020

AFFIRMATIVE.

MR. PERRY TO EXPLAIN HIS VOTE.

MR. PERRY: THANK YOU, MR. SPEAKER. THE DAILY

NEWS REPORTED THAT BETWEEN 1999 AND 2014 OVER 179 INDIVIDUALS ARE

KILLED BY THE POLICE FOR THE PAST 15 YEARS. ONLY THREE INDICTMENT.

MANY OF THOSE -- THEIR NAMES HANG ON THE GREAT BLUE WALL OF SILENCE. I

JUST LIKE TO PAY TRIBUTE TO THEM AS I CAST MY VOTE. ELEANOR BUMPURS,

1984. NICHOLAS HEYWARD, JR. 1994. YONG XIN HUANG 1995, BROOKLYN.

AMADOU DIALLO, 1999 BRONX. PATRICK DORISMOND, 2000. SEAN BELL,

2006. RAMARLEY GRAHAM, 2012. KIMANI GRAY, 2013. RYO OYAMADA,

QUEENS 2013. ERIC GARNER. DEBORAH DANNER IN THE BRONX, 2016.

AND FROM ACROSS THE UNITED STATES: BREONNA TAYLOR, GEORGE FLOYD

WHO WAS JUST LAID TO REST. I WANT TO THANK THE MOTHERS WHO HAVE

WORKED WITH US THROUGH THE ARDUOUS EFFORT TO GETTING THIS BILL TO THE

FLOOR. I DON'T HAVE TIME TO NAME ALL OF THEM, BUT AMONG SOME OF THOSE

WHO ARE HERE MAKING SURE WE DID THE RIGHT THING - IRIS BAEZ, MARGARITA

ROSARIO, MOTHER OF ANTHONY ROSARIO; BAEZ, MOTHER OF ANTHONY BAEZ;

KADIATOU DIALLO, MOTHER OF AMADOU DIALLO; VALERIE BELL, MOTHER OF

SEAN BELL AND MANY OTHER NAMES. MR. SPEAKER, I WITHDRAW MY

REQUEST AND I'M PROUDLY VOTING YES AS WE MOVE THIS BILL FORWARD AND

LOOK FORWARD TO THE GOVERNOR SIGNING.

ACTING SPEAKER AUBRY: MR. PERRY IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, FOR

NYS ASSEMBLY JUNE 10, 2020

EXCEPTIONS WE WANT TO HAVE RECORDED AS A NO MRS. GUNTHER, MR. STERN,

MR. SANTABARBARA, MS. WOERNER AND MS. WALLACE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 108, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10002-B, RULES

REPORT NO. 108, TAYLOR, HEASTIE, PEOPLES-STOKES, AUBRY, VANEL,

ARROYO, BICHOTTE, BLAKE, BRONSON, CARROLL, CRESPO, CRUZ, DE LA ROSA,

DENDEKKER, DINOWITZ, EPSTEIN, FERNANDEZ, GLICK, GOTTFRIED, HUNTER,

HYNDMAN, JACOBSON, JAFFEE, LIFTON, MCDONALD, NOLAN, O'DONNELL,

OTIS, PICHARDO, PRETLOW, RAMOS, REYES, L. ROSENTHAL, SEAWRIGHT,

SIMON, SIMOTAS, STECK, THIELE, WALKER, WEINSTEIN, WRIGHT, ORTIZ. AN

ACT TO AMEND THE EXECUTIVE LAW, THE PUBLIC AUTHORITIES LAW AND

CHAPTER 154 OF THE LAWS OF 1921 RELATING TO THE PORT AUTHORITY OF NEW

YORK AND NEW JERSEY, IN RELATION TO ESTABLISHING THE LAW ENFORCEMENT

MISCONDUCT INVESTIGATIVE OFFICE.

ACTING SPEAKER AUBRY: MR. TAYLOR, AN

EXPLANATION HAS BEEN REQUESTED, SIR.

MR. TAYLOR: THANK YOU. THIS BILL WOULD

ESTABLISH LAW ENFORCEMENT MISCONDUCT INVESTIGATION [SIC] OFFICE, WHICH

WOULD BE PART OF THE DEPARTMENT OF LAW. THE NEW OFFICE WOULD BE

TASKED WITH RECEIVING AND INVESTIGATING COMPLAINT FROM ANY SOURCE OR

UPON THEIR OWN INITIATIVE CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD

NYS ASSEMBLY JUNE 10, 2020

OR USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICT OF INTEREST OR

ABUSE OF ANY COVERED LAW ENFORCEMENT AGENCY.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. TAYLOR, WILL YOU

YIELD?

MR. TAYLOR: ABSOLUTELY, SIR.

MR. MANKTELOW: GOOD TO SEE YOU, MY FRIEND.

MR. TAYLOR: LIKEWISE.

MR. MANKTELOW: COUPLE QUICK QUESTIONS FOR

YOU. THIS OFFICE THAT WE'RE LOOKING TO CREATE, DO YOU KNOW HOW BIG

THIS OFFICE WOULD BE?

MR. TAYLOR: HOW BIG IN SIZE? HOW MANY

EMPLOYEES?

MR. MANKTELOW: HOW MANY EMPLOYEES? YOU

KNOW, HOW BIG DO YOU SEE THIS THING -- HOW BIG IS IT GOING TO HAVE TO

BE TO -- TO OPERATE?

MR. TAYLOR: THAT WOULD BE UP TO THE ATTORNEY

GENERAL TO ESTABLISH AND DETERMINE.

MR. MANKTELOW: OKAY. AND I'M ASSUMING THIS

OFFICE WOULD BE AT THE ATTORNEY GENERAL'S OFFICE AS WELL?

MR. TAYLOR: COULD YOU REPEAT THAT, PLEASE?

MR. MANKTELOW: SURE. THIS OFFICE THAT WE'RE

CREATING, THAT WOULD ALSO BE HOUSED AT THE ATTORNEY GENERAL'S

NYS ASSEMBLY JUNE 10, 2020

BUILDING?

MR. TAYLOR: YES.

MR. MANKTELOW: AND THERE'S PLENTY OF ROOM

THERE FOR THAT AS WELL?

MR. TAYLOR: YES, SIR.

MR. MANKTELOW: OKAY. AND I SEE ON THE MEMO

THAT THERE'S REALLY NOT -- THERE'S GOING TO BE A COST HERE. DO YOU HAVE

ANY IDEA WHAT THAT COST MAY BE?

MR. TAYLOR: NOT AT THIS TIME.

MR. MANKTELOW: SO I'M ASSUMING WE'LL BE

TALKING ABOUT THAT NEXT -- NEXT BUDGET SEASON HERE?

MR. TAYLOR: YES, ABSOLUTELY. APRIL 20 -- 20--

APRIL '21.

MR. MANKTELOW: APRIL '21 IT WOULD TAKE EFFECT?

MR. TAYLOR: YES.

MR. MANKTELOW: SO WHEN WE -- WHEN YOU

CREATED THIS BILL, I HAVE A CONCERN ABOUT DUPLICATION OF SERVICE IN THIS

BILL. AS WE LOOK AT ALL OF NEW YORK STATE, NEW YORK STATE IS VAST, IT'S

BIG AND IT'S MUCH DIFFERENT. AND MOST OF THE BILLS THAT WE'VE TALKED

ABOUT IN THE LAST SEVERAL DAYS HERE IN ALBANY HAVE REALLY FOCUSED ON

MANY OF THE -- THE ISSUES WITHIN THE CITY LIMITS. DO YOU AGREE WITH

THAT?

MR. TAYLOR: NOT NECESSARILY.

MR. MANKTELOW: OKAY. MOST OF THE DIALOG HAS

BEEN -- IN MY VIEW HAS BEEN IN THE BIGGER AREAS, THE CITY AREAS WHERE

NYS ASSEMBLY JUNE 10, 2020

THE -- WHERE THE NEED IS MUCH MORE.

MR. TAYLOR: I COULD KIND OF UNDERSTAND THAT, YES,

BUT NOT LIMITED TO -- WHEN YOU SAY "CITY", ARE YOU TALKING NEW YORK

CITY, BUFFALO, ROCHESTER, SYRACUSE?

MR. MANKTELOW: I'M SORRY, YEAH. I'M SORRY. ALL

THE -- ALL THE BIGGER METROPOLITAN AREAS.

MR. TAYLOR: OKAY.

MR. MANKTELOW: THANK YOU, MR. TAYLOR.

MR. TAYLOR: THANK YOU.

MR. MANKTELOW: ABSOLUTELY. SO WHEN YOU

CONSIDERED DOING THIS BILL, DID YOU REACH OUT TO ANY OF THE -- OUR LOCAL

SHERIFF'S OFFICES, OUR LOCAL POLICING PRECINCTS, DISTRICTS IN OUR AREAS BY

ANY CHANCE?

MR. TAYLOR: NO, NOT DIRECTLY, BUT WE RECEIVED

COMMENTS FROM VARIOUS PLACES, AS I UNDERSTAND.

MR. MANKTELOW: FROM VARIOUS AGENCIES

THROUGHOUT THE STATE.

MR. TAYLOR: JUST GENERAL.

MR. MANKTELOW: GENERAL?

MR. TAYLOR: IN GENERAL.

MR. MANKTELOW: CAN YOU -- CAN YOU EXPOUND

ON ANY OF THOSE COMMENTS THAT YOU WERE GIVEN?

MR. TAYLOR: NO, I CAN'T AT THIS TIME.

MR. MANKTELOW: OKAY. ANOTHER QUESTION. IN

MY EYES THIS SEEMS TO BE A DUPLICATION OF SERVICES. I KNOW IN MY RURAL

NYS ASSEMBLY JUNE 10, 2020

AREA WHERE WE HAVE STATE TROOPERS, WE HAVE SHERIFF'S OFFICES, WE HAVE

TOWN POLICE FORCES, WE HAVE CITY POLICE FORCES AND WE ALSO HAVE

VILLAGE POLICE FORCES. IN A LOT OF THOSE AGENCIES, IN ALL OF THOSE

AGENCIES, I CAN'T SPEAK ON -- ON BEHALF OF THE STATE TROOPERS, I'M NOT

SURE ABOUT THAT. BUT IN ALL OF THE OTHER AGENCIES THERE ARE ALREADY

POLICIES AND PROCEDURES IN PLACE TO TAKE CARE OF THIS -- TO TAKE CARE OF

WHAT YOU'RE ASKING NEW YORK STATE TO DO NOW. IS THAT -- IS THAT NOT A

DUPLICATION OF SERVICES?

MR. TAYLOR: NO. I-- I -- I THINK FOR MY

UNDERSTANDING OF WHAT WE HAVE CRAFTED HERE IS THERE -- THERE IS

OVERSIGHT THAT MAY BE MISSING, AN OPPORTUNITY TO PROVIDE THAT

OVERSIGHT THAT DOESN'T CURRENTLY EXIST IN AN INDEPENDENT WAY.

MR. MANKTELOW: SO THAT -- SO THAT OVERSIGHT

THAT DOESN'T -- DOESN'T EXIST AT THIS POINT, WHERE DOESN'T IT EXIST? WHERE

IN NEW YORK STATE DOES THAT NOT EXIST?

(PAUSE)

MR. TAYLOR: THANK YOU. IT'S -- IT'S AN OPPORTUNITY

TO PROVIDE OVERSIGHT WITH AN AGENCY THAT DOESN'T CURRENTLY EXIST SO --

MR. MANKTELOW: I'M SORRY. I CAN'T HEAR YOU, SIR.

MR. TAYLOR: I'M SORRY.

MR. MANKTELOW: THANK YOU.

MR. TAYLOR: LET ME GET RID OF THIS. (TAKING OFF

MASK)

MR. MANKTELOW: ALL RIGHT. THERE YOU GO.

MR. TAYLOR: HERE WE GO. OKAY. I FEEL A LOT

NYS ASSEMBLY JUNE 10, 2020

BETTER RIGHT THERE MYSELF. SO IT'S PROVIDING OVERSIGHT THAT DOESN'T

CURRENTLY EXIST AND IT'S AN INDEPENDENT OVERSIGHT SEPARATE AND ABOVE

WHAT CURRENTLY IS IN PLACE SO THERE MAY LOOK LIKE SIMILARITIES, BUT IT'S

BRINGING A DIFFERENT SPIN FROM THE ATTORNEY GENERAL'S OFFICE, AS I

UNDERSTAND THIS INTERPRETATION.

MR. MANKTELOW: OKAY. I KNOW AS BEING A --A

FORMER TOWN SUPERVISOR, A FORMER COUNTY LEGISLATOR WORKING LOCALLY

WITHIN OUR COUNTIES AND OUR TOWNS AND VILLAGES, UNDERSTANDING WHAT

OUR SHERIFF'S OFFICES HAVE BACK HOME, WHAT YOU'RE ASKING OR WHAT

YOU'RE PUTTING FORWARD, WE -- WE HAVE THOSE IN PLACE. SO I REALLY DON'T

SEE WHY WE NEED TO EXPAND THIS STATEWIDE.

MR. TAYLOR: I CERTAINLY APPRECIATE THAT COMMENT.

I THINK WE JUST AGREE TO DIFFER A LITTLE BIT AT THIS POINT.

MR. MANKTELOW: OKAY. AND WHERE I WAS GOING

WITH THIS, I -- I WANT TO SUPPORT THIS BILL. I THINK THIS BILL IS NEEDED AS --

AS WE'VE HEARD FOR THE LAST SEVERAL DAYS HERE IN ALBANY ON THIS FLOOR

THAT THERE ARE HOTSPOTS WITHIN NEW YORK STATE. SPOTS WHERE WE MAY

NEED TO USE THIS MORE THAN OTHER ONES. AND HAVE YOU EVER CONSIDERED

MAYBE DOING SOMETHING LIKE A PILOT PROGRAM FOR A YEAR OR TWO PUTTING

THIS IN PLACE, AS YOU SAY, IN ONE OF THE BIGGER CITIES? MAYBE THE

BIGGEST CITY IN NEW YORK. HAVE WE EVER CONSIDERED PUTTING IN A PILOT

PROGRAM IN THE NEW YORK CITY AREA TO SEE HOW THIS IS GOING TO WORK

BEFORE WE -- BEFORE WE MOVE THIS STATEWIDE?

MR. TAYLOR: NO, WE DID NOT.

MR. MANKTELOW: THOSE ARE ONE OF MY CONCERNS.

NYS ASSEMBLY JUNE 10, 2020

I -- I FEEL THAT, AGAIN, WE'RE GOING TO DO THIS ONE-SIZE-FITS-ALL BILL AGAIN

MUCH LIKE THE RENT CONTROL BILL THAT WE DID HERE A YEAR AGO OR WHENEVER

IT WAS. I DON'T REMEMBER IF IT WAS LAST YEAR OR THIS YEAR. BUT I KNOW

HOW THAT ONE-SIZE-FITS-ALL. I WAS DOWN IN NEW YORK CITY LAST YEAR

WITH SOME OF THE ASSEMBLY MEMBERS SEEING SOME OF THOSE ISSUES

THERE, SEEING THE ISSUES WITH THE HOUSING - AND WE'VE TALKED ABOUT THAT

I BELIEVE ONE-ON-ONE AS WELL.

MR. TAYLOR: YES.

MR. MANKTELOW: AND I WANT TO SEE US TO DO -- I

WANT TO SEE US DO SOMETHING FOR THOSE -- THOSE INDIVIDUALS TO GET THEM

THE HOUSING THAT THEY NEED. BUT PASSING THESE SEVERAL BILLS FOR THE PAST

SEVERAL DAYS, WE'RE PUTTING A LOT OF THINGS FORWARD HERE AND WE'RE NOT

ATTACHING ANY DOLLARS TO THAT. AND I'M SO CONCERNED THAT NEXT YEAR

WHEN WE GET TO THE BUDGET CYCLE, WE'RE ALL GOING TO BE ASKING FOR

MONEY. WE'RE GOING TO WANT MONEY FOR OUR HOMELESS. WE'RE GOING TO

WANT MONEY FOR OUR -- FOR OUR HOUSING. WHERE DO YOU SEE THAT COMING

FROM? THAT'S THE PART THAT CONCERNS ME. THAT'S WHY I'D MUCH RATHER

SEE A PILOT PROGRAM MOVE FORWARD, KEEPING IT SCALED DOWN, SOMETHING

THAT WE CAN FOCUS ON AND LOOK AT IT FOR TWO OR THREE YEARS AND IF IT

WORKS WELL THERE, THEN WE'LL EXPAND IT FOR THE REST OF THE STATE. IS THAT

POSSIBLE OR IS THAT AN IDEA THAT COULD WORK?

(PAUSE)

MR. TAYLOR: YES. COULD YOU REPEAT THAT

QUESTION?

MR. MANKTELOW: SURE. I'M NOT SURE I'LL GET IT ALL

NYS ASSEMBLY JUNE 10, 2020

RIGHT, BUT, YOU KNOW, AS I JUST SAID, LOOKING THROUGHOUT THE STATE, IS IT

POSSIBLE TO DO THAT PILOT PROGRAM WITHIN ONE OF THE CITY AREAS, YOUR

AREA BECAUSE IT'S SO DEAR TO YOUR HEART, AND SEEING HOW THAT'S GOING TO

WORK FOR A YEAR OR TWO BEFORE WE EXPAND IT TO ALL OF NEW YORK STATE

AND AGAIN, WE'RE GOING TO PUT ALL THESE PEOPLE, EMPLOY ALL THESE PEOPLE.

DO WE REALLY NEED TO DO THAT RIGHT NOW, ESPECIALLY WITH WHAT WE'RE

DEALING WITH WITH THE COVID?

MR. TAYLOR: I CERTAINLY THINK -- I APPRECIATE YOU

REPEATING THE STATEMENT.

MR. MANKTELOW: THANK YOU.

MR. TAYLOR: ONE, IT'S NOT LIMITED TO NEW YORK

CITY OR MY REGION, BUT WE'RE LOOKING AT IT ON A STATEWIDE AND I THINK

WHEN YOU LOOK AT IT FROM THE ATTORNEY GENERAL'S PERSPECTIVE THERE IS

SOME SPACE ALREADY IN TERMS OF LOGISTICS. BUT IF WE HAVE TO MAKE

ADJUSTMENTS ON THE COST, WE COULD DO THAT, IT'S A YEAR OUT. I DO HAVE A

COUPLE SUGGESTIONS ABOUT HOW WE CAN GET INCOME, BUT THAT'S NOT THE

TOPIC TODAY, BUT CERTAINLY I -- I THINK WE -- IT'S DOABLE. AND -- AND I

DON'T WANT TO LEAVE ANY CRACK OR CREVICE OUT, SO WHEN WE TALK ABOUT

BUFFALO, ROCHESTER, SYRACUSE, NEW YORK, THERE OTHER MUNICIPALITIES.

WE'VE GOT 62 COUNTIES IN THE STATE SO IT MAY FIT SOMEWHERE ELSE, BUT

THAT LIFT MAY BE MUCH LESS THERE, BUT CERTAINLY IT'S WORTH LOOKING AT IT

AGAIN IN TERMS OF THE DOLLAR AMOUNT AND WE CAN MAKE THE NECESSARY

ADJUSTMENTS. TO THE -- TO THE POINT WHEN YOU SAID AS A PILOT, I'M

ANSWERING, WHY IT'S NOT A PILOT. I HOPE I ANSWERED THAT.

MR. MANKTELOW: SURE, BECAUSE I THINK ALL OF US

NYS ASSEMBLY JUNE 10, 2020

ON THIS -- ON THIS FLOOR WOULD ABSOLUTELY SUPPORT ANY -- ANY LOCATION IN

NEW YORK STATE, ESPECIALLY IF THERE'S A HOTSPOT IN MY DISTRICT OR A

HOTSPOT IN THE SOUTHERN PART OF THE STATE.

MR. TAYLOR: ABSOLUTELY.

MR. MANKTELOW: AND -- AND I THINK WE ARE MEN

AND WOMEN OF INTEGRITY ON THIS FLOOR AND WE WOULD MAKE THAT HAPPEN.

MR. TAYLOR: ABSOLUTELY.

MR. MANKTELOW: I JUST -- I AM SO CONCERNED

RIGHT NOW FROM THE DOLLAR STANDPOINT. YOU KNOW, WE'RE COMING OUT OF

COVID. WE'RE DOING GREAT, ALL OF THE STATE'S DOING GREAT. MONEY IS SO

TIGHT. AND AS I SAID JUST A LITTLE WHILE AGO, I'M CONCERNED ABOUT SOME

OF THE OTHER THINGS I WANT TO SEE GET ACCOMPLISHED HERE FOR HOUSING,

HOUSING FOR PEOPLE THAT NEED THE HOUSING ESPECIALLY DOWN -- THE ONES

THAT I SAW IN THE CITY. I WANT TO MAKE SURE WE HAVE ENOUGH MONEY

THERE. AND YESTERDAY WE HAD A BILL COME UP, IT WAS THE BODY CAMS FOR

OUR STATE TROOPERS. I ABSOLUTELY SUPPORT THAT A HUNDRED PERCENT, BUT,

AGAIN, THERE WAS NO DOLLARS ATTACHED TO THAT BILL. AND I'M SO CONCERNED

THAT ARE WE GOING TO HAVE THE MONEY TO FUND THAT? I'D MUCH RATHER SEE

THE MONEY GO THERE, CUT THIS PROGRAM BACK IN HALF OR A THIRD, DO IT IN

THOSE HOTSPOTS RIGHT NOW AND LET'S STILL IN OUR DISTRICTS, IN MY DISTRICT I

CAN SPEAK TOTALLY. WE ARE FINE RIGHT NOW. WE HAVE EVERYTHING UNDER

CONTROL. OUR POLICE AGENCIES, OUR SHERIFF'S OFFICES, OUR LOCALS, WE'RE

DOING THE JOB. WE ARE MAKING SURE THE THINGS THAT YOU'RE ASKING FOR

HERE ARE BEING DONE. I HAVE FULL CONFIDENCE THAT THAT'S HAPPENING BACK

HOME. SO I'D MUCH RATHER SEE US SAVE A LITTLE BIT OF MONEY, BRING THIS

NYS ASSEMBLY JUNE 10, 2020

DOWN IN SIZE AND ALLOW IT TO HAPPEN IN THE CERTAIN AREAS WHERE WE NEED

TO RIGHT NOW AND TAKE ANOTHER LOOK AT IT AND THEN, AGAIN, DO EVERYTHING

ELSE THAT WE REALLY WANT TO DO. I'D MUCH RATHER SEE US DO THAT.

MR. TAYLOR: THANK YOU.

MR. MANKTELOW: ARE YOU OPEN TO THAT?

MR. TAYLOR: NO. NOT IN THIS -- NOT IN THIS TENSE,

BUT I DO HAVE SOME SUGGESTIONS ABOUT INCOME.

MR. MANKTELOW: AND MY FRIEND, YOU AND I WILL

TALK ABOUT THAT, WON'T WE?

MR. TAYLOR: YEAH, ABSOLUTELY. AND I UNDERSTAND

WHAT YOU'RE SAYING. WE'VE TALKED ABOUT FOOD INSECURITIES IN THE STATE

AND A LOT OF DIFFERENT THINGS HAPPENING IN VARIOUS REGIONS, SO WITHOUT --

WITHOUT HESITATION I -- I -- I UNDERSTAND WHAT YOU'RE SAYING. I DON'T

THINK THIS IS GOING TO IMPEDE AND FINANCIALLY I CAN'T SPEAK TO HOW MUCH

IT'S GOING TO COST, BUT CERTAINLY WE CAN LOOK AT WHERE WE NEED TO MAKE

ADJUSTMENTS AS WE MOVE FORWARD AND WE HAVE ONE YEAR -- ALMOST A

YEAR BEFORE IT BECOMES LAW.

MR. MANKTELOW: ALL RIGHT. AND I'D BE GLAD TO

SIT DOWN AND WORK WITH YOU ON THAT, ESPECIALLY FROM THE AREAS UP IN

MY DISTRICT.

MR. TAYLOR: ABSOLUTELY. I APPRECIATE IT.

MR. MANKTELOW: THAT'D BE ABSOLUTELY FINE. MR.

SPONSOR, I THANK YOU FOR YOUR TIME AND I THANK YOU FOR YOUR TIME TO

TALK TO ME HERE ON THE FLOOR.

MR. TAYLOR: THANK YOU.

NYS ASSEMBLY JUNE 10, 2020

MR. MANKTELOW: AND I LOOK FORWARD TO

WORKING WITH YOU, MY FRIEND, AS ALWAYS.

MR. TAYLOR: ABSOLUTELY.

MR. MANKTELOW: AND I MISS SEEING YOU.

MR. TAYLOR: YES, LIKEWISE.

MR. MANKTELOW: THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: AGAIN, WE'RE HERE LOOKING AT

ANOTHER BILL ON -- ON THE FLOOR OF THE ASSEMBLY, AND SOME OF THESE BILLS

THAT WE'VE LOOKED AT THE LAST SEVERAL DAYS ARE -- ARE DESPERATELY NEEDED

IN CERTAIN PARTS OF THE STATE. BUT, AGAIN, AS WE'VE TALKED AND WE'VE

HEARD FROM OTHER COLLEAGUES ON BOTH SIDES OF THE AISLES, SOMETIMES THE

WAY WE DO THESE BILLS IN ALBANY THEY'RE FLAWED. WE HAVE OUR -- WE

HAVE OUR COMMITTEES. WHEN WE WANT TO THINK ABOUT DOING A BILL IN

ALBANY, WHY DON'T WE BRING THAT BILL TO THE COMMITTEES, BRING OUR

COMMITTEES IN AND LET US CRITIQUE THAT BILL, LET US CRITIQUE THE IDEA OF

WHAT THAT BILL WANTS TO ACCOMPLISH. AND THEN WE CAN NITPICK ALL THOSE

LITTLE THINGS IN COMMITTEE, AND THEN WHEN THAT BILL COMES TO THE FLOOR,

WE HAVE A DEFINED BILL. AND AS I HEARD HERE YESTERDAY ON THE FLOOR,

YOU KNOW, THAT SOMETIMES WE NITPICK THINGS OR WE LOOK AT SITUATIONS

THAT PROBABLY AREN'T GOING TO HAPPEN, YOU MIGHT BE RIGHT, BUT YOU

MIGHT NOT BE WRONG. THE DIFFERENCE IN OUR STATE IS SO HUGE THE WAY

WE ALL DO BUSINESS IN EVERY PART OF THE STATE AND THE MAKEUP OF OUR

STATE. SO LET'S GET TOGETHER BEFORE THAT BILL GETS TO THIS FLOOR. LET US

NYS ASSEMBLY JUNE 10, 2020

WORK THOSE THINGS OUT OVER A CUP OF COFFEE, ON THE TABLE IN THE

COMMITTEE ROOM REPRESENTING EACH AND EVERY ONE OF OUR DISTRICTS BACK

HOME. AND THAT -- WHEN THAT BILL COMES FORWARD, WE'VE DONE OUR

HOMEWORK, WE'RE GOING TO HAVE A BETTER IDEA OF THE COST. THAT WAY

WHEN WE DO GET TO BUDGET SEASON NEXT YEAR, IF WE NEED THE HOUSE FOR

THE HOUSING OR THE HOMELESS OR WITH THE VETERANS OR WITH ANYTHING THAT

WE WANT TO WORK WITH, WE HAVE THOSE NUMBERS AHEAD OF TIME AND WE

FULLY UNDERSTAND WHERE WE'RE GOING TO GO WITH THE BUDGET. I -- I WANT

TO SUPPORT THIS BILL SO BAD BECAUSE I KNOW IN ASSEMBLYMAN TAYLOR'S

DISTRICT, HIS AREA, THIS IS PROBABLY GREATLY NEEDED. IF IT WASN'T, HE

WOULDN'T HAVE BROUGHT IT TO THE FLOOR, AND I TRUST THAT HE BROUGHT IT

THERE FOR THOSE REASONS AND I KNOW THAT HE DID. BUT IN MY DISTRICT, THIS

IS TOTAL DUPLICATION OF SERVICES. WE DO NOT NEED TO SPEND TAXPAYERS'

MONEY AGAIN ON SOMETHING THAT WE'RE ACCOMPLISHING IN OUR DISTRICTS.

MAYBE WE'LL NEED SOME HELP DOWN THE ROAD SOMEDAY, BUT RIGHT NOW

IT'S BEING DONE AND IT'S BEING DONE IN A PROPER WAY. AND IF WE CAN

SAVE TAXPAYERS' DOLLARS IN NEW YORK STATE AND NOT HAVE TO RAISE TAXES

TO COVER SOME OTHER COSTS, LET'S DO THAT. THAT'S WHAT WE'RE -- THAT'S

WHAT WE'RE HERE FOR, TO MAKE SURE WE DO THINGS IN A RIGHT WAY MAKING

SURE THAT WE REPRESENT EVERY INDIVIDUAL IN THE STATE, EVERY PLACE IN THIS

AREA. I -- I JUST -- I FEEL FOR EVERYONE AND AFTER VISITING DOWNSTATE LAST

SUMMER, I CONSTANTLY THINK ABOUT WAYS THAT WE CAN HELP THOSE

INDIVIDUALS THROUGHOUT THE STATE TO MAKE THIS A GREAT STATE, THE STATE OF

NEW YORK. MAKING SURE EVERY RESIDENT IS TAKEN CARE OF.

SO, AGAIN, I WANT TO SUPPORT THIS ASSEMBLYMAN

NYS ASSEMBLY JUNE 10, 2020

TAYLOR, YOU KNOW THAT, YOU KNOW I HAVE YOUR BACK ON THIS, BUT RIGHT

NOW UNTIL WE CAN -- UNTIL WE CAN ADDRESS THAT DUPLICATION OF SERVICES,

I'VE GOT TO BE A NO BUT I DON'T WANT TO BE A NO BECAUSE I -- I DO SUPPORT

THE BILL. I JUST -- IF WE CAN MAKE THOSE CHANGES AND SHRINK IT DOWN A

LITTLE BIT AND DO A TEST PILOT OF WHEREVER IT NEEDS TO BE, I WOULD

ABSOLUTELY SUPPORT THIS. SO, AGAIN, THANK YOU, MR. SPEAKER. ON THE

BILL. THANK YOU, MR. TAYLOR. I'M HERE FOR YOU. AND I THANK YOU FOR

BRINGING THIS BILL FORWARD. YOU DID A GREAT JOB. THANK YOU. AND

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SCHMITT.

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

THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. TAYLOR, WILL YOU

YIELD?

MR. TAYLOR: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAYLOR YIELDS,

MR. SCHMITT.

MR. SCHMITT: THANK YOU, MR. TAYLOR. READING

OVER THE BILL I SEE THERE'S A TWO-YEAR TIME FRAME WHERE IF AN OFFICER OF

ONE OF THESE AGENCIES IMPACTED RECEIVED FIVE COMPLAINTS, IT WOULD THEN

BE FORWARDED FOR INVESTIGATION. DOES THAT TWO-YEAR TIME FRAME BEGIN

AT THE ONSET OF THE BILL? WOULD IT BEGIN -- IS THERE A RETROACTIVE PERIOD

OR ANY BACK-DATING? IS IT IMMEDIATELY UPON, YOU KNOW, WHEN A HEAD

OF THIS INDEPENDENT INVESTIGATION IS NAMED? WHAT -- WHAT IS THE START

NYS ASSEMBLY JUNE 10, 2020

OF THAT TWO-YEAR TIME FRAME?

MR. TAYLOR: IT WOULD BEGIN ONCE THE BILL

BECOMES LAW. IT'S NOT RETRO.

MR. SCHMITT: OKAY. SO NO COMPLAINTS PRIOR TO

THAT DAY WOULD COUNT IN THIS FIVE NUMBER.

MR. TAYLOR: THAT WOULD BE CORRECT.

MR. SCHMITT: OKAY. GETTING INTO SPECIFIC

COMPLAINTS. WHAT SPECIFIC COMPLAINTS WOULD BE REQUIRED TO BE

FORWARDED OR WOULD BE CONSIDERED IN -- IN FIVE? WOULD IT BE ANY AND

ALL DISCIPLINARY RECORDS, INTERNAL AND EXTERNAL, SO WOULD IT BE DIRECT

COMPLAINTS FROM THE PUBLIC AS WELL AS SAY MAYBE INTERNAL DISCIPLINE AS

YOU DIDN'T KEEP YOUR LOCKER CLEAN, YOUR CAR WASN'T TO STANDARDS? WHAT

WOULD ACTUALLY FALL IN?

MR. TAYLOR: COMPLAINTS FROM THE PUBLIC.

MR. SCHMITT: SO NO INTERNAL COMPLAINTS OR

INTERNAL DISCIPLINE THAT WASN'T PUBLIC-DRIVEN WOULD BE CONSIDERED?

(PAUSE)

MR. TAYLOR: THANK YOU. MY APOLOGIES. IT'S NOT

ADMINISTRATIVE-DRIVEN. IT'S PRIMARILY PUBLIC.

MR. SCHMITT: OKAY. NOW WHEN -- WHEN IT COMES

TO PUBLIC COMPLAINTS, IS IT ANY PUBLIC COMPLAINT OR ARE THERE LIMITS TO

WHAT COMPLAINTS WOULD BE CONSIDERED?

MR. TAYLOR: ANY COMPLAINT. NOW YOU --

MR. SCHMITT: SO IT COULD -- SO IT COULD RANGE --

MR. TAYLOR: RIGHT.

NYS ASSEMBLY JUNE 10, 2020

MR. SCHMITT: SO JUST TO CLARIFY, IT WOULD BE, YOU

KNOW, ANYTHING FROM EXCESSIVE FORCE. SO EXCESSIVE FORCE WOULD BE

INCLUDED, OBVIOUSLY.

MR. TAYLOR: LET ME GIVE YOU JUST AN OVERVIEW OF

SOME OF THE THINGS. INVESTIGATING COMPLAINTS FROM ANY SOURCE OR UPON

THEIR OWN INITIATIVE CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD,

EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN ANY

COVERED LAW ENFORCEMENT AGENCY.

MR. SCHMITT: AND IF -- IS THAT SUBSTANTIATED OR

UNSUBSTANTIATED BY THE DEPARTMENT? DOES IT MATTER IF A COMPLAINT IS --

IS SUBMITTED TO SAY A LOCAL VILLAGE DEPARTMENT, THEY FIND IT NOT

SUBSTANTIATED, DOES THAT COUNT IN THE FIVE?

MR. TAYLOR: THEY'RE -- THEY'RE DOING THE

INVESTIGATION SO WHETHER THERE'S INFORMATION THAT THEY GOT FROM THE

DEPARTMENT OR... IT'S -- IT'S THEIR DETERMINATION. BUT I DON'T WANT TO

CONCLUDE THAT WHAT COMES FROM THAT AGENCY OR THAT ENTITY IS THE FINAL

RULING. IT'S AN INVESTIGATION.

MR. SCHMITT: NO, I UNDERSTAND. BUT -- SO WE

HAVE TO GET TO FIVE COMPLAINTS IN TWO YEARS TO BE FORWARDED IN THIS PART

OF THE LEGISLATION.

MR. TAYLOR: WELL, IT'S FIVE AND FIVE, RIGHT? IT'S

FIVE COMPLAINTS, FIVE DIFFERENT INDIVIDUALS, SO THERE -- THERE HAS TO BE A

LEVEL -- THE THRESHOLD SO IT'S JUST NOT ARBITRARILY FIVE COMPLAINTS, BUT FIVE

DIFFERENT COMPLAINTS BY FIVE DIFFERENT FOLKS OVER A TWO-YEAR PERIOD. I

THINK THAT'S THE LANGUAGE.

NYS ASSEMBLY JUNE 10, 2020

MR. SCHMITT: SO IF OFFICER A RECEIVED FIVE

COMPLAINTS FROM THE SAME HOUSEHOLD ON THE SAME ISSUE, THAT WOULD NOT

QUALIFY?

MR. TAYLOR: IF THEY'RE FIVE DIFFERENT PEOPLE IT'S

WORTH CONSIDERING, BUT I DON'T WANT TO GO DOWN THAT RABBIT TRAIL

BECAUSE I DON'T KNOW THAT FIVE PEOPLE IN ONE HOUSEHOLD WOULD MAKE

THE SAME COMPLAINT, BUT THAT'S FIVE AND IT'S STILL IN A TWO-YEAR PERIOD.

AND THE INVESTIGATION IS TO -- TO LOOK AT THIS AND SEE WHETHER THERE'S

MERIT THERE, NOT A WITCH HUNT AND I THINK ONE CAN SMELL A SKUNK 20

YEARS -- 20 MILES AWAY. SO IF IT WALKS LIKE A DUCK, QUACKS LIKE A DUCK

IT'S PROBABLY A DUCK. SO I DON'T BELIEVE THE AGENCY, IN MY

UNDERSTANDING OF THIS LANGUAGE, IS NOT TO DO THAT TO BE ARBITRARILY

CAPRICIOUS, IF YOU WOULD, BUT TO LOOK AT IT AND -- AND MAKE SURE THAT

YOU HAVE SOMETHING THERE.

MR. SCHMITT: WELL, AND WHY I ASK THIS SPECIFIC

LINE OF QUESTIONING IS BECAUSE I RAN THIS LEGISLATION BY EVERY SINGLE

DEPARTMENT THAT I REPRESENT LOCALLY TO GET THEIR INPUT. AND WHAT I

HEARD BACK, ESPECIALLY FROM A LOT OF MY AGENCIES IS THE FACT THAT MANY

OF THEM ARE SMALL, THEY'RE TOWN OR VILLAGE DEPARTMENTS THAT HAVE A -- A

LIMITED NUMBER OF OFFICERS.

MR. TAYLOR: YES.

MR. SCHMITT: SO MANY TIMES, UNLIKE A LARGER CITY

OR COUNTY DEPARTMENT OR -- OR MUCH LARGER MUNICIPAL FORCES, THESE

VILLAGE OR TOWN FORCES MAY HAVE A -- AN INDIVIDUAL OR EVEN FAMILIES

THAT HAVE DISPUTES AMONGST THEMSELVES OR NEIGHBORS THAT HAVE DISPUTES

NYS ASSEMBLY JUNE 10, 2020

AMONGST THEMSELVES. ONE EXAMPLE BROUGHT TO MY ATTENTION IS A

NEIGHBORHOOD THAT'S FIGHTING WITH EACH OTHER OVER LOUD MUSIC.

MR. TAYLOR: MM-HMM.

MR. SCHMITT: AND NEIGHBORS KEEP CALLING THE

SAME POLICE OFFICERS AT THE SAME TIME BECAUSE THEY HAVE A LIMITED

NUMBER ON THAT SHIFT.

MR. TAYLOR: RIGHT.

MR. SCHMITT: SO THE SAME ONE TO THREE OFFICERS

WILL RESPOND TO THE BLOCK AND WHATEVER NEIGHBOR CALLS ON THE OTHER

NEIGHBOR, THE OTHER NEIGHBOR THEN COMPLAINS AND FILES A COMPLAINT

AGAINST THE COPS FOR BOTHERING THEM. SO I HAVE LOCAL ADMINISTRATORS

THAT POLICE DEPARTMENTS ARE CONCERNED WITH THE FACT THAT UNLIKE MAYBE

A LARGER CITY OR A LARGER COUNTY, THE SAME ONE TO TWO TO THREE OFFICERS

MAY CONTINUALLY GO TO A REPARATORY ISSUE THAT WILL CAUSE MORE

COMPLAINTS TO BE PUT ON THEM THAT ARE THEN -- THAT ARE COMPLETELY AND

CONTINUALLY FOUND TO BE UNFOUNDED, BUT THEN THEY WOULD BE SUBJECT TO

THIS ADDITIONAL REVIEW.

MR. TAYLOR: THANK YOU. I UNDERSTAND EXACTLY

WHAT YOU'RE SAYING, BUT IF THERE IS NO REAL ISSUE, THERE'S NO -- IT'S A

NON-ISSUE, IT SOUNDS LIKE THE HATFIELDS AND THE MCCOY'S ARE GOING AT IT

ALL THE TIME AND SO THERE'S GOING TO BE -- THEIR ONLY RELEASE IS BEING ABLE

TO GO BACK AND MAKE A COMPLAINT AGAINST THE OTHER, BUT THE

INVESTIGATION, JUST ON THAT SCENARIO, WOULD SEEM LIKE IT'S UNFOUNDED

BASED ON THAT SCENARIO YOU JUST GAVE ME. I -- I GIVE CREDIT TO THOSE THAT

WILL BE DOING THE INVESTIGATION THAT THEY'RE A LOT SMARTER AND WISER THAN

NYS ASSEMBLY JUNE 10, 2020

THOSE NEIGHBORS THAT ARE PITTING EACH OTHER AGAINST EACH OTHER. AS A

FORMER MILITARY POLICE OFFICER GOING INTO A DOMESTIC VIOLENCE, I HAVE

TO MAKE SURE THAT I SEPARATE THE TWO, KEEP MY EYE ON THE -- ON THE

HUSBAND OR THE OTHER PERSON, BUT AT THE SAME TIME SOMEONE WILL SAY

WELL, HE OR THEY DID THIS WHEN ACTUALITY WE'RE FOLLOWING THE BOOK TO THE

-- TO THE LETTER OF THE LAW. SO BUT WHEN YOU LOOK AT IT FROM AN

INVESTIGATIVE PERSPECTIVE, DID THEY DO WHAT THEY WERE SUPPOSED TO DO.

WERE THE OFFICERS CORRECT OF THEIR HANDLING AND AGAIN, TO THAT EXAMPLE

THAT YOU GAVE, I THINK IT WOULD BE UNFOUNDED, BUT THAT'S WHAT THEY

WOULD DETERMINE.

MR. SCHMITT: SO, JUST TO CONFIRM JUST FOR MY

CLARIFICATION.

MR. TAYLOR: YES.

MR. SCHMITT: SO, THIS EXAMPLE OR EXAMPLES LIKE

THIS FOR A DOMESTIC VIOLENCE SITUATION LIKE YOU MENTIONED WHICH WAS

ALSO MENTIONED BY DIFFERENT DEPARTMENTS TO ME, THEY WOULD BE

FORWARDED TO THIS NEW ENTITY AND THEN THIS ENTITY OBVIOUSLY, WITH YOUR

STATEMENT, WOULD HOPEFULLY FIND IT TO BE UNFOUNDED IS WHAT YOU'RE

SAYING, RIGHT?

MR. TAYLOR: YES. THAT'S CORRECT.

MR. SCHMITT: OKAY. NOW WHEN IT COMES TO

PUNISHMENT. SO SAY THERE'S AN INVESTIGATION. THEY FIND OFFICER A, B

AND C DID SOMETHING INAPPROPRIATE. DO THEY HAVE THE ABILITY TO RENDER

PUNISHMENT TO ORDER SAY DOCK PAY, DOCK DAYS, SUSPENSION?

MR. TAYLOR: IT WILL BE FORWARDED TO THE

NYS ASSEMBLY JUNE 10, 2020

APPROPRIATE AGENCY; CITY, STATE OR FEDERAL.

MR. SCHMITT: SO THEY WOULD ONLY HAVE AUTHORITY

FOR CRIMINAL MATTERS, NOT SAY ADMINISTRATIVE PUNISHMENTS?

MR. TAYLOR: YES. THEY -- THEY CAN FORWARD IT

BACK TO THE -- TO THE APPROPRIATE AGENCY, WHETHER IT'S THAT POLICE

MUNICIPALITY AND THEY COULD DO THE APPROPRIATE METING OUT OF -- OF

WHAT THAT LOOKS LIKE.

MR. SCHMITT: NOW SOME OF THE CONCERNS THAT MY

DEPARTMENTS HAVE IS WITH THIS NEW PROCESS MAY VIOLATE THEIR CIVIL

SERVICE CONTRACTS? IT MAY LEAD TO A PERB HEARINGS, YOU KNOW, OTHER

OPPOSITION FROM THE CURRENT STATUS OF THEIR CIVIL SERVICE CONTRACTS

BECAUSE IT DOESN'T FOLLOW THE AGREED-UPON METHOD TO INVESTIGATE,

PUNISH AND PRESCRIBE, YOU KNOW, REMEDY. IS THERE ANYTHING WITHIN THIS

LEGISLATION THAT WOULD ACCOMMODATE THOSE CONCERNS?

MR. TAYLOR: YES.

MR. SCHMITT: AND -- AND WHAT -- WHAT EXACTLY

DOES IT -- DOES IT VOID OUT? DOES IT SUPERCEDE? WHAT IS -- WHAT IS THE

ANSWER WHEN THE MUNICIPALITIES ARE ASKING ABOUT THAT?

MR. TAYLOR: IT DOES NOT SUPERSEDE. THERE'S

SPECIFIC LANGUAGE THAT SAYS IT PROTECTS THE COLLECTIVE BARGAINING RIGHTS.

MR. SCHMITT: SO EVEN IF THIS PROCESS VIOLATES WITH

THE AGREED-UPON COLLECTING BARGAINING RIGHT OF SAY A LOCAL VILLAGE

DEPARTMENT, HOW IS THAT THEN ADJUDICATED? IF -- IF THEY COME BACK AND

SAY YES, OFFICER A COMMITTED THIS AND WE SUGGEST THAT HE BE FINED, SAY,

WITH A 15-DAY SUSPENSION, BUT THAT'S NOT THE PROCESS WITHIN THE

NYS ASSEMBLY JUNE 10, 2020

CONTRACT, HOW IS THAT GOING TO BE RESOLVED?

MR. TAYLOR: THEN THE DEPARTMENT -- THE

DEPARTMENT WOULD BE RESPONSIBLE TO ADHERE TO THEIR GUIDELINES THAT

THEY HAVE, BUT ADMINISTER THE NECESSARY DISCIPLINE.

MR. SCHMITT: NOW, WHAT ABOUT DEPARTMENTS

WHERE THEY CANNOT RELEASE THIS INFORMATION BASED ON THEY FIND IT TO BE

UNSUBSTANTIATED. WOULD THAT FALL UNDER OTHER JURISDICTION WHERE THEY

FEEL THAT THEIR PROCESS DOES NOT ALLOW THEM TO ALLOW ANOTHER AUTHORITY

TO ADJUDICATE THESE ISSUES WITH INTERNAL DISCIPLINE?

MR. TAYLOR: I WANT TO UNDERSTAND THE QUESTION.

ARE YOU SAYING THAT THAT PARTICULAR DEPARTMENT DOES NOT RELEASE

INFORMATION FOR THE INVESTIGATION?

MR. SCHMITT: WELL, I'M SAYING SAY AN OFFICER

WOULD, UNDER THESE STANDARDS, BE FIT TO BE FORWARDED. AND THE OFFICER

OBJECTS THAT THE DEPARTMENT DOES NOT HAVE A RIGHT TO FORWARD THIS

INFORMATION BASED ON THEIR COLLECTIVE BARGAINING AGREEMENT. SINCE IT

WOULD BE VIEWED TRADITIONALLY IN AN INTERNAL DISCIPLINARY MANNER.

(PAUSE)

MR. TAYLOR: THE PROVISIONS THAT ARE HERE IN THIS

PROPOSED LEGISLATION DOES NOT DIMINISH ANY OF THE COLLECTIVE

BARGAINING RIGHTS AS IT STANDS RIGHT NOW.

MR. SCHMITT: UNDERSTOOD, AND I GUESS WHAT I'M

SAYING IS WHEN THERE'S A CONFLICT, HOW IS THAT GOING TO BE -- HOW IS THAT

GOING TO BE DECIDED ON WHAT -- WHO WINS IN THAT CONFLICT? SO IF A

MEMBER OF THE FORCE FILES A PERB OBJECTION, SAY, TO THIS ENTIRE

NYS ASSEMBLY JUNE 10, 2020

PROCESS, IS THAT GOING TO BE ON THE STATE THEN OR IS THAT GOING TO BE ON

THE MUNICIPALITY?

MR. TAYLOR: IT COULD BE LITIGATED IN THE FUTURE.

WE'LL HAVE TO SEE HOW IT PLAYS OUT. I'M NOT -- I DON'T HAVE AN OTHER

ANSWER THAN THAT.

MR. SCHMITT: SO YOU FEEL THAT IN THAT SITUATION

WILL IT FALL ON THE MUNICIPALITY TO DEFEND ITSELF IF IT ENACTS, SAY, A

PUNISHMENT RECOMMENDED BY THIS NEW ENTITY OR WOULD IT BE UP TO THE

NEW ENTITY IN THE STATE TO DEFEND THEIR ORDER AND THEIR ACTIONS AND THEIR

DECISIONS?

MR. TAYLOR: IT'S THE MUNICIPALITY THAT'S DOING THE

-- DISSEMINATING THE PUNISHMENT OR THE DISCIPLINARY ACTION THAT TAKES

PLACE. AM I ANSWERING YOUR QUESTION?

MR. SCHMITT: WELL, SO THAT'S -- WHAT I'M SAYING IS

BY SOME - AND I CAN'T SPEAK FOR EVERY CONTRACT OBVIOUSLY ACROSS THE

STATE, BUT BY MANY OF THE DEPARTMENTS TO PROVIDE FEEDBACK TO ME, THEY

FEEL LIKE THIS PROCESS, THEY WOULD NOT HAVE A RIGHT, UNDER THEIR CURRENT

CONTRACT, TO GIVE OUT THAT ADMINISTRATIVE PUNISHMENT THAT -- THAT YOU'RE

SPEAKING OF. SO COMES IN AND SAYS HEY, WE RECOMMEND -- THIS NEW

ENTITY RECOMMENDS FIVE-DAY SUSPENSION, THAT IS NOT A PROCESS BY WHICH

THE MUNICIPALITY, UNDER THEIR CONTRACT, CAN GIVE A PUNISHMENT OR THE

PROCESS. SO THEY NOW GIVE A PUNISHMENT, IT IS NOW OPPOSED,

CHALLENGED SAY IN A PERB HEARING. WHAT HAPPENS THEM? WHAT'S THE

PROCESS?

(PAUSE)

NYS ASSEMBLY JUNE 10, 2020

MR. TAYLOR: OKAY. THANK YOU. SO AS I'M

UNDERSTANDING IT THE MUNICIPALITY WOULD HAVE TO ADHERE TO WHATEVER

PROCESS THAT THEY HAVE IN FRONT OF THEM. SO WHETHER THEY CHOOSE TO

WANT TO FOLLOW THE FIVE-DAY SUSPENSION OR SOMETHING ELSE THAT'S LEFT UP

TO THEM, THEY CAN DO THAT. JUST IN THIS SCENARIO, THIS HYPOTHETICAL THAT

WE'RE GOING THROUGH.

MR. SCHMITT: AND THEN IF THEY REFUSED TO TAKE ANY

ACTION, IS -- WHAT -- IS THERE A PUNISHMENT OR IS THERE ANOTHER

ENFORCEMENT MECHANISM?

(PAUSE)

MR. TAYLOR: SO, IT CAN BE FORWARDED TO OTHER

PROSECUTORS BASED UPON WHAT THEY DO OR DO NOT DO. IF THEIR -- IF THEIR --

IF THEIR COLLECTIVE BARGAINING SAYS THAT THEY DON'T HAVE TO ADHERE BY THAT

-- THAT RECOMMENDATION, THEN THERE ARE OTHER OPTIONS THAT THEY CAN LOOK

AT.

MR. SCHMITT: THANK YOU, SIR. THAT'S ALL THE

QUESTIONS I HAVE RIGHT NOW.

MR. TAYLOR: THANK YOU SO MUCH.

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SCHMITT: I'VE RAN THIS PIECE OF LEGISLATION BY

EVERY DEPARTMENT THAT I REPRESENT AND OFFICERS AND LEADERSHIP AND LOCAL

GOVERNMENT LEADERS ACROSS MY DISTRICT AND THEY HAVE SOME MANY DEEP

RUNNING CONCERNS ON THIS MATTER. AND FOR THAT PURPOSE AND THIS

QUESTIONING HERE I WILL BE VOTING NO AT THE APPROPRIATE TIME. THANK

NYS ASSEMBLY JUNE 10, 2020

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. TAYLOR, WILL YOU

YIELD?

MR. TAYLOR: ABSOLUTELY, SIR.

ACTING SPEAKER AUBRY: MR. TAYLOR YIELDS.

MR. GOODELL: THANK YOU, MR. TAYLOR. AND I

APPRECIATE YOUR COMMENTS AND YOUR INTENT TO HAVE AN INVESTIGATORY

BOARD.

MR. TAYLOR: THANK YOU.

MR. GOODELL: I SEE THAT THIS BOARD, WHICH WOULD

BE IN THE OFFICE OF THE ATTORNEY GENERAL, WOULD HAVE THE AUTHORITY TO

RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE. WOULD THAT BE

YOUR UNDERSTANDING THEN THAT THEY COULD RECEIVE A COMPLAINT WITHOUT

THAT COMPLAINT FIRST BEING MADE TO A POLICE DEPARTMENT OR RELATED ENTITY

THAT ACTUALLY HAS THE RESPONSIBILITY OVER THE OFFICER?

MR. TAYLOR: YES. THAT'S CORRECT.

MR. GOODELL: AND SO AS AN EXAMPLE, IN A

MUNICIPALITY, MOST MUNICIPALITIES THE POLICE CHIEF WORKS FOR THE

MAYOR. SO YOU COULD HAVE A COMPLAINT GOING TO THE ATTORNEY GENERAL

WITHOUT THE MAYOR BEING NOTIFIED?

MR. TAYLOR: YES.

NYS ASSEMBLY JUNE 10, 2020

MR. GOODELL: WOULD YOU ANTICIPATE, THOUGH, THAT

THE ATTORNEY GENERAL WOULD PROMPTLY FORWARD A COPY OF THAT

COMPLAINT TO THE MAYOR OR RECEIVE IT INDEPENDENTLY?

MR. TAYLOR: YES. THERE IS LANGUAGE IN THIS

LEGISLATION THAT ALLOWS THE ENTITY TO SPEAK TO THAT MUNICIPALITY, THE HEAD

OF THAT ORGANIZATION AND SHARE THAT INFORMATION.

MR. GOODELL: SO, IN FACT, I'M LOOKING AT PAGE 2,

LINE 23. IT LOOKS LIKE THERE'S SOME EXPLICIT RESPONSIBILITY TO INFORM THE

HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS.

MR. TAYLOR: YES. THAT'S CORRECT.

MR. GOODELL: ABSENT SPECIAL CIRCUMSTANCES. SO

I ASSUME THAT IF THE MAYOR WAS ALSO PART OF THE ALLEGATION YOU MIGHT

NOT NECESSARILY SERVE THEM UNTIL YOU PROCEEDED FURTHER BUT OTHERWISE

THERE'S AN OBLIGATION THEN ON THIS PROVISION TO NOTIFY THE HEAD OF THE

AGENCIES?

MR. TAYLOR: THAT'S CORRECT.

MR. GOODELL: NOW I SEE THAT THIS ALSO PROVIDES

THAT THE ATTORNEY GENERAL'S OFFICE WOULD DETERMINE WITH RESPECT TO

SUCH ALLEGATIONS WHETHER DISCIPLINARY ACTION IS WARRANTED. WOULD THAT

BE A RECOMMENDATION OR A MANDATE? WOULD IT BE A RECOMMENDATION

BACK TO THE LOCAL POLICE DEPARTMENT, FOR EXAMPLE, OR WOULD IT BE A

MANDATE THAT THEY BE DISCIPLINED?

MR. TAYLOR: A RECOMMENDATION.

MR. GOODELL: WE HAD A CONSIDERABLE DISCUSSION

YESTERDAY OVER CONCERNS ABOUT DISCLOSING REPORTS OR ALLEGATIONS THAT,

NYS ASSEMBLY JUNE 10, 2020

UPON INVESTIGATION, TURNED OUT TO BE FALSE OR MALICIOUS OR UNFOUNDED.

WOULD YOU ENVISION THAT THE ATTORNEY GENERAL'S OFFICE WOULD ONLY ACT

ON COMPLAINTS AND ONLY REPORT COMPLAINTS THAT THEY VIEW WERE FOUNDED

OR LEGITIMATE OR HAD PROBABLE CAUSE OR REASONABLE GROUNDS?

MR. TAYLOR: LET ME UNDERSTAND THE QUESTION.

ARE YOU SAYING THAT THE ATTORNEY GENERAL'S OFFICE WILL ONLY ACT ON

THOSE THAT THEY FIND THAT ARE SUBSTANTIATED?

MR. GOODELL: CORRECT.

(PAUSE)

MR. TAYLOR: THANK YOU. SO IF THE -- IF THE

ATTORNEY GENERAL'S INVESTIGATION IS UNFOUNDED THEN THERE'S NOTHING TO

REPORT.

MR. GOODELL: AND THAT'S -- THAT'S AN IMPORTANT

FACT TO NOTE FOR OFFICERS WHO ARE CONCERNED ABOUT FALSE OR MALICIOUS

COMPLAINTS.

MR. TAYLOR: YES.

MR. GOODELL: AND SADLY THAT HAPPENS. BUT YOU

ENVISION THAT IF THE ATTORNEY GENERAL, UPON INVESTIGATION, DETERMINES

THERE'S NO BASIS, THERE WOULD BE NO REPORT OR FOLLOW-UP ACTION.

MR. TAYLOR: I GOT IT. HOLD ON.

(PAUSE)

MR. GOODELL: WELL, IF IT'S HELPFUL I SEE THE BILL

ITSELF. ON LINE 31 AND 32 ON PAGE 2 IT SAYS, "...PREPARE AND RELEASE THE

PUBLIC WRITTEN REPORTS OF INVESTIGATIONS AS APPROPRIATE."

MR. TAYLOR: YES.

NYS ASSEMBLY JUNE 10, 2020

MR. GOODELL: AND I ASSUME THE PHRASE

"AS APPROPRIATE" MEANS IF THEY WERE FOUNDED LEGITIMATE, BONA FIDE OR

HAD A GROUNDS OR BASIS.

MR. TAYLOR: IT WOULD BE UP TO THE DEPUTY

ATTORNEY GENERAL TO RESPOND WHETHER -- WHETHER IT'S GOING TO BE

RELEASED. WE'RE TALKING ABOUT THE SUBSTANTIAL EVIDENCE?

MR. GOODELL: RIGHT.

MR. TAYLOR: YES. IT WOULD BE UP TO THE DEPUTY

ATTORNEY GENERAL TO DETERMINE IF THEY SUBSTANTIATED OR WHETHER THAT

WOULD BE RELEASED.

MR. GOODELL: NOW ONE OTHER PROVISION OF THIS

BILL HAS CAUSED SOME CONSTERNATION AND THAT IS A PROVISION THAT SAYS A

KNOWING FAILURE OF ANY OFFICER EMPLOYED IN SOLE REPORT, AN ALLEGATION,

SHALL BE CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER

APPROPRIATE PENALTY. AM I CORRECT THEN THAT THAT REFERENCE TO OTHER

APPROPRIATE PENALTY REFLECTS THE NATURE AND EXTENT OF HOW SERIOUS THE

ORIGINAL INCIDENT MIGHT BE? IN OTHER WORDS, YOU KNOW, FAILING TO

REPORT A MURDER IS A LOT MORE SERIOUS THAN FAILURE TO REPORT A MINOR

INCIDENT. OBVIOUSLY IF IT WAS A FAILURE TO REPORT A MINOR INCIDENT WE

WOULD NOT EXPECT THE OFFICER TO BE FIRED, CORRECT?

MR. TAYLOR: ABSOLUTELY. SO IF YOU FORGOT TO PUT

YOUR INITIALS ON THE BOTTOM OF A FORM, YOU KNOW, YOU WERE SUPPOSED

DO IT BUT YOU DIDN'T DO IT. SO, FOR EXAMPLE, WE HAVE A 23 SOMETHING

SOMETHING IN THE SERVICE AND WHAT YOU WOULD DO IS ANY TIME YOU DO A

REPORT, IF YOU MADE A MISTAKE YOU HAD TO PUT A LINE THROUGH IT, PUT YOUR

NYS ASSEMBLY JUNE 10, 2020

INITIALS. AND SO IF WE SEE THERE'S A HISTORY OF THAT, THAT'S NOT ONE THAT

WOULD RAISE THE LEVEL OF -- OF BEING PERSECUTED OR PROSECUTED FOR

SOMETHING LIKE THAT.

MR. GOODELL: SO IF I'M CORRECT, THIS PANEL IS

CHARGED WITH THE AUTHORITY TO INVESTIGATE. BUT THIS LEGISLATION ITSELF

DOES NOT GIVE THE PANEL THE POWER TO PROSECUTE OR FORCE THE TERMINATION

OF ANY EMPLOYEE? THEY JUST INVESTIGATE, GIVE A REPORT AND

RECOMMENDATIONS BACK TO THE LOCAL MUNICIPALITY?

MR. TAYLOR: YES. YOU'RE ABSOLUTELY CORRECT.

MR. GOODELL: THANK YOU, MR. TAYLOR.

MR. TAYLOR: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: THANK YOU VERY MUCH. MY

COLLEAGUES I THINK RAISED LEGITIMATE CONCERNS OVER THE COST AND SCOPE

AND THE DUPLICATION OF THIS PROPOSAL AND -- AND IT'S CLEAR THAT WE HAVEN'T

ADDRESSED THAT. WE'VE KIND OF KICKED THAT CAN DOWN THE ROAD UNTIL

NEXT APRIL. WE HAVE SIMILAR LAWS IN PLACE, OF COURSE. WE HAVE THE

HUMAN RIGHTS COMMISSION THAT'S CHARGED WITH INVESTIGATING

COMPLAINTS. WE HAVE A SPECIAL COMMISSION, AS YOU KNOW, FOR

MALPRACTICE CLAIMS. I THINK IT'S INTERESTING TO NOTE, THOUGH, THAT BEFORE

YOU CAN BRING THE ACTION FOR MALPRACTICE YOU HAVE TO PRESENT IT TO THE

MEDICAL REVIEW BOARD, AND IF THEY COME TO THE CONCLUSION THERE WAS NO

MALPRACTICE, THEN THAT CONCLUSION CAN BE USED BY A PHYSICIAN IN ANY

CIVIL LAWSUIT AS PART OF THE DEFENSE. AND WITH THE HUMAN RIGHTS

NYS ASSEMBLY JUNE 10, 2020

COMMISSION AND WITH SOME OF OUR OTHER SIMILAR COMMISSIONS THE

RESULT OF THE ADMINISTRATIVE REVIEW HAS A DIRECT IMPACT ON CIVIL LIABILITY

AS WELL. SO IF THEY FIND THAT THE CAUSE -- THERE'S NO PROBABLE CAUSE, FOR

EXAMPLE, OR NO BASIS, THEN THAT EVIDENCE IS IN THIS (UNINTELLIGIBLE)

SUBSEQUENT CIVIL LITIGATION. THOSE PROGRAMS THAT WE HAVE AREN'T FREE,

SOME OF THEM ARE QUITE EXPENSIVE, BUT IF YOU LOOK AT THE BUDGET FOR THE

HUMAN RIGHTS COMMISSION, FOR EXAMPLE, IT'S FAIRLY SIGNIFICANT. AND WE

JUSTIFY THE EXPENSE OF THE HUMAN RIGHTS COMMISSION BECAUSE THERE'S

NOTHING COMPARABLE STATEWIDE. AND AS MY COLLEAGUES POINTED OUT,

THIS IS A DUPLICATION AND THIS IS A NEW COST. I VERY MUCH APPRECIATE THE

COMMENTS OF THE SPONSOR HELPING US UNDERSTAND THE SCOPE OF THIS

LEGISLATION. AND AS THE SPONSOR CLEARLY POINTED OUT, THE PURPOSE OF THIS

IS TO PROVIDE AN INVESTIGATORY PROCESS THAT'S SEPARATE AND DISTINCT FROM

THE MUNICIPALITY. BUT AS PART OF THAT PROCESS, THE STATUTORY LANGUAGE

ITSELF REQUIRES THE ATTORNEY GENERAL TO INFORM THE HEADS OF THE COVERED

AGENCIES OF THE INVESTIGATION UNLESS CONFIDENTIALITY IS OTHERWISE

REQUIRED TO MAKE RECOMMENDATIONS, BUT ONLY RECOMMENDATIONS AS FAR

AS DISCIPLINARY ACTIONS ARE REQUIRED. AND THEN BASICALLY SEND THE CASE

BACK. AND SO WE HAVE AN INDEPENDENT INVESTIGATORY BODY THAT WOULD

BE CREATED BY THIS BILL. BUT THAT BODY WOULDN'T HAVE THE POWER TO

PROSECUTE OR TO DISCIPLINE, ONLY THE POWER TO INVESTIGATE AND MAKE

RECOMMENDATIONS. AND BECAUSE THE SCOPE OF THE BILL IS FAIRLY NARROW

AND WELL-DESCRIBED BY THE SPONSOR, I WILL BE SUPPORTING IT. BUT I AM

SURE THAT ALL OF US WILL WANT TO REVIEW THIS AGAIN IN ABOUT A YEAR IN

MARCH WHEN WE LOOK AT THE BUDGET. AND IF THE COST IS MULTI-MILLION

NYS ASSEMBLY JUNE 10, 2020

DOLLARS TO STAFF THIS OPERATION AND WE'RE FACING CUTS TO EDUCATION AND

HEALTHCARE AND A NUMBER OF OTHER AREAS, WE MAY WANT TO REEVALUATE

WHAT OUR FINANCIAL PRIORITIES ARE AT THAT TIME. SO I WILL BE SUPPORTING IT

NOW AND, OF COURSE, WILL BE REVIEWING THE CONCERNS RAISED BY MY

COLLEAGUES WHEN WE GET THE ACTUAL COST NUMBERS NEXT YEAR. THANK YOU

SO MUCH, MR. SPEAKER, AND AGAIN THANK YOU, MR. TAYLOR FOR YOUR

COMMENTS.

ACTING SPEAKER JONES: THANK YOU, MR.

GOODELL.

ON A MOTION BY MR. TAYLOR, THE SENATE BILL IS BEFORE

THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 108. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. COLTON TO EXPLAIN HIS VOTE.

MR. COLTON: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE. THIS IS A BILL WHICH THE CONCEPT COULD BE VERY, VERY

GOOD, AND IT IS A BILL THAT COULD BE USED AS A VEHICLE FOR RESOLVING MANY

PROBLEMS. BUT UNFORTUNATELY, THE DETAILS OF -- AND THE SAFEGUARDS ARE

SIMPLY NOT PRESENT, HAVE NOT BEEN DEVELOPED IN THIS BILL. AND IT IS MY

FEAR, ESPECIALLY BASED UPON THE FACT OF A 85 COMPLAINTS, FOUNDED OR

NYS ASSEMBLY JUNE 10, 2020

UNFOUNDED, SUBSTANTIATED OR UNSUBSTANTIATED, WOULD REQUIRE THE -- THE

POLICE DEPARTMENT TO REFER THAT TO THIS -- THIS GROUP, THIS COMMISSION,

THIS BOARD MAKES ME FEAR THAT IT WILL END UP WITH A MAJORITY OF GOOD

OFFICERS FINDING THEMSELVES BEING INVESTIGATED BY THIS BOARD. AND THAT

CERTAINLY DOES NOT PROMOTE TRANSPARENCY OR CLARITY IN TERMS OF THE

REQUIREMENTS OR THE CONDITIONS THAT ARE BEING USED TO JUDGE. IT -- IT

MAY VERY WELL RESULT IN A SITUATION WHERE IT MIGHT IN -- HINDER OR

INHIBIT LAW ENFORCEMENT. IT WILL MAKE GOOD OFFICERS FEEL THAT THEY ARE

BEING TARGETED BEYOND THEIR CONTROL. AND I DON'T THINK THAT IS

SOMETHING THAT WE WANT TO DO. THIS BILL IS GOING TO PASS. AND IT IS MY

HOPE THAT WHEN THE GOVERNOR LOOKS AT THIS LEGISLATION THAT HE WILL HAVE

SOME CHAPTER AMENDMENTS THAT WILL CORRECT SOME OF THE BROADNESS IN

THIS BILL, WHICH I THINK COULD BE VERY, VERY DETRIMENTAL IN TERMS OF THE

RESULTS, THE UNINTENDED CONSEQUENCES THAT WE'RE GOING TO FACE. SO, I

WITHDRAW MY REQUEST AND I VOTE IN THE NEGATIVE.

ACTING SPEAKER JONES: MR. COLTON IN THE

NEGATIVE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR. IT MAY

HAVE BEEN EASIER FOR ME TO SAY MINORITY IN THE NEGATIVE WITH THE

FOLLOWING EXCEPTIONS, BUT WE STARTED IN A DIFFERENT APPROACH, SO, THE

FOLLOWING REPUBLICAN MEMBERS WILL BE VOTING IN THE NEGATIVE: MR.

RA, MR. ASHBY, MR. BLANKENBUSH, MR. BARCLAY, MR. BRABENEC, MR.

DIPIETRO, MR. DESTEFANO, MR. LAWRENCE, MR. MANKTELOW, MR.

MONTESANO, MR. NORRIS, MR. SCHMITT, MR. SMITH, MR. FRIEND, MR.

NYS ASSEMBLY JUNE 10, 2020

PALUMBO, MR. CROUCH, MS. BYRNES, MR. FITZPATRICK, MR. REILLY, MR.

SALKA, MR. TAGUE, MR. MILLER, MS. MILLER, MS. MALLIOTAKIS, MR.

GARBARINO, MR. STEC, MR. LALOR, MR. MIKULIN. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES, MR. SANTABARBARA, MS.

BUTTENSCHON AND MRS. GUNTHER IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ON THE A-CALENDAR, PAGE 7, RULES REPORT NO. 151.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 10614, RULES REPORT

NO. 151, COMMITTEE ON RULES (TAYLOR). AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO THE LAW ENFORCEMENT MISCONDUCT

INVESTIGATIVE OFFICE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

TAYLOR, THE SENATE BILL BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

GOVERNOR'S MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE.

ANDREW M. CUOMO, GOVERNOR.

READ THE LAST SECTION. I'M SORRY.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST.

NYS ASSEMBLY JUNE 10, 2020

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 151. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES?

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE REPORT --

RECORD THE FOLLOWING REPUBLICANS IN THE NEGATIVE: MR. RA, AND MR.

PALUMBO.

ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL: THANK YOU, SIR.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: IF WE COULD LAY OUT THE

REMAINDER OF OUR AGENDA FOR TODAY. IT'S QUITE EXTENSIVE, SO I WOULD ASK

FOLKS TO PAY CLOSE ATTENTION. WE'RE GOING TO START ON A BRIEF DEBATE ON

PAGE 19, IT'S ON THE MAIN CALENDAR, IT'S RULES REPORT NO. 124 BY MRS.

GALEF. AND THEN WE'RE GOING TO GO TO THE A-CALENDAR AND GO TO RULES

REPORT NO. 40, WHICH IS ON PAGE 5. THAT ONE IS ALSO BY MRS. GALEF.

FOLLOWING THAT, MR. SPEAKER, WE'RE GOING TO GO TO -- INTO CONSENT ON

LOCAL BILLS ON THE MAIN CALENDAR. AND WE'RE GOING TO START WITH MR.

NYS ASSEMBLY JUNE 10, 2020

STECK, PAGE 22, CALENDAR NO. 13. FOLLOWED BY PAGE 49, CALENDAR NO.

206, MR. SALKA. PAGE 49, CALENDAR NO. 207, MR. GOODELL. AND PAGE

16, CALENDAR -- RULES REPORT, RATHER, PAGE 16, RULES REPORT NO. 106

THROUGH 127. FOLLOWING THAT, MR. SPEAKER, WE'RE GOING TO GO TO --

BACK TO THE A-CALENDAR AND WE'RE GOING TO START AT RULES REPORT NO.

128 AND GO STRAIGHT THROUGH TO RULES REPORT NO. 150. AGAIN,

MEMBERS DO WANT TO PAY ATTENTION TO THESE LOCAL BILLS AS WE GO THROUGH

THEM SHOULD IN CASE YOU DESIRE TO BE AN EXCEPTION YOU WILL NEED TO

CONTACT YOUR RESPECTIVE MAJORITY AND/OR MINORITY LEADERS' OFFICES.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. PAGE 19,

RULES REPORT NO. 124. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 10398, RULES REPORT

NO. 124, GALEF. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

RELATION TO INCLUDING CERTAIN SPENT NUCLEAR FUEL WITHIN THE DEFINITION OF

REAL PROPERTY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MRS. GALEF.

MRS. GALEF: GOOD AFTERNOON, EVERYONE. THE -- LET

MET JUST GIVE YOU A LITTLE BIT OF A BACKGROUND BECAUSE WE HAVE -- WE

HAVE THREE BILLS, WE'RE ONLY, I GUESS, DEBATING TWO. BUT -- BUT WE HAVE

THREE BILLS ON THE CALENDAR DEALING WITH INDIAN POINT. AND JUST TO KIND

OF HAVE A LITTLE BIT OF A PERSPECTIVE, THE 95TH ASSEMBLY DISTRICT, WHICH

I REPRESENT, HAS HAD THE DISTINCTION OF HAVING THREE NUCLEAR PLANTS IN IT

OVER A PERIOD OF 50 YEARS. AND DURING THAT PERIOD OF TIME WE HAVE

NYS ASSEMBLY JUNE 10, 2020

BEEN ABLE TO PROVIDE OVER 2,000 MEGAWATTS OF POWER TO THE

SURROUNDING AREAS AND EMPLOYING OVER 1,000 PEOPLE AT THE NUCLEAR

PLANTS IN -- IN VERY GOOD WELL-PAYING JOBS. AND OF COURSE, WE HAVE

REALLY HELPED ALL OF OUR RESIDENTS, WHETHER THEY'RE IN -- IN NEW YORK

CITY OR THE SURROUNDING AREAS AND WESTCHESTER WITH ALL THOSE

MEGAWATTS OF -- OF NUCLEAR POWER. BUT, TODAY WE ARE IN A DIFFERENT

SITUATION. AND THE -- ENTERGY, WHO HAS OWNED THE PLANT SINCE 2011

ANNOUNCED THREE YEAR -- TWO-AND-A-HALF YEARS AGO THAT THEY WERE GOING

TO SELL THE PLANTS, THEY WERE GOING TO DECOMMISSION THE PLANTS. SO,

TODAY WE'RE DEALING WITH SOME -- SOME OF THE BILLS THAT DEAL WITH THE

DECOMMISSIONING OF TWO NUCLEAR PLANTS, ONE OF THEM HAD BEEN

DECOMMISSIONED BEFORE, BUT NOT -- ACTUALLY, IT CLOSED. IT REALLY HASN'T

BEEN DECOMMISSIONED IN THAT SAME WAY. BUT, AS A RESULT OF THIS, THE

COMMUNITY, WHICH HAD BEEN RECEIVING $32 MILLION IN -- IN TAX

REVENUES EVERY YEAR, ARE JUST HAVING THAT WIPED AWAY FROM THEM. AND

THE VILLAGE OF BUCHANAN IS THE HOST COMMUNITY FOR THESE PLANTS. AND

HALF OF THEIR BUDGET, WHICH IS $7 MILLION IS -- IS GOING TO BE FEELING THE

LOSS OF THESE REVENUES. THE SCHOOL DISTRICT WILL HAVE 33 PERCENT OF

THEIR REVENUES CUT FROM THEIR SCHOOL BUDGET, THAT'S $24 MILLION. AND IT

RIPPLES DOWN TO THE LIBRARY, THE FIRE DEPARTMENTS, THE TOWN OF CORTLAND

AND THE COUNTY OF WESTCHESTER ALL LOSING A HUGE AMOUNT OF MONEY.

SO, WE'RE TRYING TO DEAL WITH SOME OF THE ISSUES TODAY TO -- TO ACTUALLY

SAVE A COMMUNITY, AND IN A WAY SAY THANK YOU. AND THIS IS THE TIME

WHEN THE COMMUNITY REALLY NEEDS HELP.

SO THERE HAD BEEN AN INDIAN POINT CLOSURE TASK FORCE

NYS ASSEMBLY JUNE 10, 2020

ESTABLISHED BY THE GOVERNOR WHEN IT WAS DECIDED THAT THE -- ENTERGY

WAS GOING TO BE SELLING THEIR PLANTS. AND THERE WERE A LOT OF STATE

OFFICIALS ON THIS TASK FORCE AND THEY CAME UP WITH SEVERAL -- WITH A

DISCUSSION WITH THE COMMUNITY, WE CAME UP WITH SEVERAL PIECES OF

LEGISLATION. ONE IS A BILL THAT IS NOT ON THIS AGENDA, BUT IT IS ASSEMBLY

BILL NO. 10107, WHICH WOULD ALLOW THE COMMUNITY TO HAVE A PILOT

WITH ANY KIND OF NEW COMPANY, DECOMMISSIONING COMPANY, THAT'S

COMING INTO THE PLANT. AND WE HAD, I THINK IT WAS 2010, I REMEMBER

STANDING IN THE -- IN THE CHAMBER, NOT SITTING AT HOME, BUT STANDING IN

THE CHAMBER DEBATING A BILL ABOUT WHETHER THERE COULD BE A PILOT FOR A

NUCLEAR PLANT. AND -- AND WE DECIDED, THROUGH LEGISLATION, THAT THERE

COULD BE AND THERE WOULD BE. BUT THAT WAS FOR AN ACTIVE PLANT AND

NOBODY REALLY THOUGHT ABOUT THE PLANTS CLOSING AT THAT POINT. SO, THIS --

THAT ONE BILL THEN WILL ALLOW US TO HAVE A PILOT FOR A DECOMMISSIONED

PLANT. BUT, IF THE PILOT IS NOT NEGOTIATED, THERE IS ANOTHER OPPORTUNITY,

AND THAT'S THE BILL WE HAVE BEFORE US NOW, 10398. AND IT -- IT WILL

ALLOW THE COMMUNITY THE OPPORTUNITY TO TAX THE FACILITIES THAT STORE THE

SPENT FUEL RODS, WHICH WILL BE THERE FOREVER, AND THE POOLS AND THE DRY

CASTS AND THE PADS. IT'S -- IT'S STORING THE SPENT FUEL RODS, IT'S NOT THE

FUEL RODS THEMSELVES. ONE DAY WE HOPE THAT THE PROPERTY CAN BE

REJUVENATED AND PRODUCE TAX REVENUES ON ITS OWN. BUT AT THE MOMENT,

IT MAY BE 60 YEARS BEFORE ANYTHING HAPPENS ON THIS PIECE OF PROPERTY.

AND IT COULD MEAN THAT THERE ARE VERY LITTLE REVENUES COMING TO THE

COMMUNITY. SO, INDIAN POINT IS A STORAGE SITE, AND WHAT THIS BILL DOES

IS JUST ALLOW THE COMMUNITY, IF THEY DECIDE TO GO IN THAT DIRECTION, TO

NYS ASSEMBLY JUNE 10, 2020

BE ABLE TO TAX, AS REAL PROPERTY, THOSE SPECIFIC ENTITIES REQUIRED IN THE

BILL.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MR. PALMESANO.

(PAUSE)

MR. PALMESANO.

(PAUSE)

MR. PALMESANO: YES. I APOLOGIZE.

WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?

MRS. GALEF: YES.

ACTING SPEAKER AUBRY: MRS. GALEF ACCEPTS

YOUR APOLOGY AND SHE WILL YIELD.

MRS. GALEF: I WAS ACTUALLY GOING TO ASK THE

QUESTION FOR YOU, BUT --

(LAUGHTER)

MR. PALMESANO: AND I APOLOGIZE TO MY

COLLEAGUES FOR THAT. YES, SANDY, I CERTAINLY UNDERSTAND THE INTENTIONS

BEHIND THE BILL AND I KNOW YOU MENTIONED THE OTHER BILL THAT WAS

COMING UP, I BELIEVE IT'S 10107 ABOUT SETTING UP ALLOWING FOR PILOT

AGREEMENTS, WHICH I SUPPORT, I THINK THAT'S A GOOD THING. I KNOW THE

COMPANY AND COMMUNITY IS SUPPORTIVE OF THAT. RELATIVE TO THIS BILL, I

DO HAVE SOME CONCERNS. IT DOES APPEAR THAT WHAT YOU'RE LOOKING TO DO

IS CHANGE REAL PROPERTY LAW TO ALLOW FOR -- BECAUSE UNDER REAL

PROPERTY LAW USUALLY IT'S A FIXED ASSET, IT'S PART OF THE LAND, CORRECT?

MRS. GALEF: WELL, YOU -- YOU COULD SAY -- I MEAN,

NYS ASSEMBLY JUNE 10, 2020

I THINK WE'RE TALKING ABOUT TECHNICALLY WHETHER YOU CAN MOVE

SOMETHING OR NOT. PHIL, I WOULD SAY THIS -- THIS IS SOMEWHAT OF A

HYBRID. A DRY CASK IS 20 FEET HIGH, 11 FEET WIDE, WEIGHS OVER 132 TONS

AND THEY'RE GOING TO BE MULTIPLES OF THOSE ON THIS SITE, LIKE 125, WITH

CONCRETE PADS AND, YOU KNOW, YOU MIGHT SAY THEY'RE MOVEABLE BUT

WHERE -- FIRST OF ALL, WHERE DO YOU MOVE THEM TO? SO, I -- I GIVE YOU

THAT QUESTION. THEY'RE NOT -- THEY'RE MOVEABLE BUT THEY'RE NOT

MOVEABLE. UNTIL THE FEDERAL GOVERNMENT SAYS YES TO YUCCA MOUNTAIN,

OR SAYS YES TO SOMETHING, AND THEY COME AND MOVE THEM. NOW, WITH

THIS BILL, IF THEY MOVE THEM FROM THE PROPERTY, THEY WOULD NO LONGER BE

TAXED, OBVIOUSLY. SO, THIS COULD GO ON FOR 60 YEARS, IT COULD GO ON FOR

100 YEARS, WHO KNOWS, THEY -- THEY ARE REALLY THERE. AND -- AND, YOU

KNOW, IF YOU TALK ABOUT MOVEABLE UNDER REAL PROPERTY, YOU KNOW, I

WAS THINKING ABOUT MOBILE HOMES. SO, YOU KNOW, THEY CAN -- CAN THEY

BE MOVED? THEY CAN BE MOVED. ARE THEY MOVED? SO, YOU KNOW, THIS

IS UNIQUE, THIS IS A NUCLEAR PLANT AND THERE'S NOTHING IN THE NUCLEAR

PLANT ISSUES THAT AREN'T UNIQUE. AND THERE ARE ONLY SIX NUCLEAR PLANTS IN

OUR STATE, SO WE HAVE A LOT OF UNIQUENESS. AND THIS WOULD APPLY

UPSTATE ALSO WHEN THERE WILL BE A POINT WHEN THE NUCLEAR PLANTS CLOSE

UPSTATE, AND THOSE COMMUNITIES ARE GOING TO HAVE THE SAME ISSUES THAT

WE HAVE IN THE VILLAGE OF BUCHANAN.

MR. PALMESANO: RIGHT. BECAUSE I THINK THE

POINT I WAS GETTING -- TRYING TO GET TO, BECAUSE I KNOW LIKE IN THE

FACILITY WHEN THE RODS ARE BEING UTILIZED AS PART OF THE FACILITY, THAT'S

WHEN IT'S PART OF THE REAL PROPERTY AND IS IN THAT -- THAT'S WHERE IT'S

NYS ASSEMBLY JUNE 10, 2020

TAXED AND ASSESSED AT THAT POINT OF VIEW. BUT WITH THE -- THE -- THE RODS

WHEN THEY'RE USED AND WERE PUT INTO THE DRY CASKS, I UNDERSTAND WHAT

YOU'RE SAYING, BUT THAT BEING THE CASE, I KNOW IT MIGHT BE BIG, BUT IT'S

STILL A MOVEABLE OPTION AND IT IS CONSIDERED -- IT IS CONSIDERED, PERSONAL

PERSPECTIVE, SO I THINK THERE'S SOME CONCERNS I THINK ON -- ON THAT

REGARD AND I WANTED TO POINT OUT --

MRS. GALEF: WELL, YOU KNOW, THIS KIND OF

LEGISLATION MIGHT INCENTIVIZE THE COMPANY THAT'S GOING TO BE COMING IN

TO DECOMMISSION TO GET THE FEDERAL GOVERNMENT TO FIND A PLACE FOR

THESE RODS.

MR. PALMESANO: I THINK THERE IS A -- THAT WAS

ANOTHER PART OF THE -- I THINK THE -- THE LEGISLATION I HAD SOME QUESTIONS

ABOUT FROM A LEGAL PERSPECTIVE, I'M NOT AN ATTORNEY, BUT BECAUSE

OBVIOUSLY THE FEDERAL GOVERNMENT DOES HAVE, YOU KNOW, FROM A

PREEMPTION PERSPECTIVE, DOES HAVE AUTHORITY OVER THIS WITH THE -- THE

OVERSIGHT COMES FROM THE NUCLEAR REGULATORY COMMISSION ON DEALING

WITH THAT AND THE SAFETY OF THE SPENT FUEL RODS AND THE POOL. SO, ISN'T

THERE SOME CONCERNS THAT THIS MIGHT KIND OF GET INTO THE PURVIEW OF THE

NUCLEAR REGULATORY COMMISSION FROM THAT PERSPECTIVE?

MRS. GALEF: WELL, THE NUCLEAR REGULATORY

COMMISSION IS ABOUT THE -- YOU KNOW, THE PREEMPTION AND -- AND SO

ON, WHETHER THE STATE CAN PREEMPT. BUT THAT'S ON CONSTRUCTION AND

OPERATION OF THE NUCLEAR PLANT. IT ISN'T ABOUT THE -- OR RADIOLOGICAL

ISSUES. WE HAVE MEETINGS ALL THE TIME ABOUT THE SAFETY AT THE PLANT.

BUT THEY'RE NOT INTO THE TAXING ISSUE. AND WHEN THE PILOT WAS

NYS ASSEMBLY JUNE 10, 2020

ESTABLISHED AT INDIAN POINT WITH -- IT WAS BEFORE ENTERGY, ACTUALLY --

WELL, ONE -- THE FIRST PILOT WAS UNDER CON EDISON. BECAUSE THEY WERE

PROTESTING, THEY WENT TO COURT ON A CERTIORARI AND SO THAT WAS WHEN AN

AGREEMENT WAS ESTABLISHED WITH CON ED THAT ALSO CONTINUED UNDER --

UNDER ENTERGY WITH A PILOT. BUT THAT WASN'T SOMETHING THAT THE FEDERAL

GOVERNMENT DID. THE TAXING IS ALL ABOUT WHAT THE LOCAL COMMUNITIES

ASSESS THE PROPERTY AT. AND, OF COURSE, YOU KNOW, GOING BACK, THE -- IF

-- IF THE SPENT FUEL ROD, POOLS AND -- AND THE PADS AND THE DRY CASKS

WERE TAXED AND THE COMPANY FELT IT WAS TOO HIGH, THEY CAN ALWAYS GO TO

COURT AND -- AND, YOU KNOW, TAKE A TAX CERTIORARI, AS WE ALL DO WITH ANY

KIND OF PROPERTY. I THINK THE MAIN THING IS TO TRY TO PUSH THE NEW ENTITY

TO GET THE FEDERAL GOVERNMENT TO DO SOMETHING. BECAUSE, YOU KNOW,

UNTIL WE GET RID OF THOSE -- THOSE SPENT FUEL RODS AT INDIAN POINT, IT'S

GOING TO BE VERY HARD TO REORIENT THAT PIECE OF PROPERTY AND USE IT FOR

ANYTHING ELSE. I MEAN, THERE WAS A QUESTION OF WHETHER YOU PUT HOMES

OVERLOOKING THE SPENT FUEL RODS. I DON'T KNOW THAT YOU CAN DO THAT. I

DON'T KNOW THAT ANYBODY WOULD BUY A HOME. AND SO, YOU KNOW, THE

PROPERTY WAS SO VALUABLE AND NOW IT'S -- IT'S NOT VALUABLE BECAUSE IT'S

BEING DECOMMISSIONED. THERE'S NO, YOU KNOW, REAL VALUE TO IT.

MR. PALMESANO: AND I -- I APPRECIATE THAT. AND

I KNOW WITH THE DECOMMISSIONING FUNDS THAT, YOU KNOW, THERE'S SO

MUCH MONEY THERE FOR THE DECOMMISSION. I KNOW THAT CERTAINLY WE

DID WANT THE MUNICIPALITIES TO GET AS MUCH REVENUE AS POSSIBLE, BUT WE

ALSO KNOW THAT THERE'S THE -- THE WHOLE ISSUE OF REDEVELOPING THE

PROPERTY AT SOME POINT IN TIME TOO, SO HOW THAT FUNDS WORK AND HOW

NYS ASSEMBLY JUNE 10, 2020

THAT WORKS THROUGH THIS PROCESS. SO, I -- I JUST KIND OF WANT TO SAY

THANK YOU FOR YOUR TIME, I JUST HAD SOME -- THANKS FOR ANSWERING SOME

OF THE QUESTIONS I HAVE AND I'LL JUST GO ON THE BILL REAL QUICK. AND I

CERTAINLY CAN UNDERSTAND WHAT YOU'RE TRYING TO DO HERE. IN MY OPINION,

BEFORE I GO ON THE BILL, THIS -- INDIAN POINT SHOULD'VE NEVER BEEN SHUT

DOWN, PROVIDING 2,000 MEGAWATTS OF ELECTRICITY TO THE CITY OF NEW

YORK, A RELIABLE SOURCE OF ENERGY, CLEAN SOURCE OF ENERGY. WHY THE

ADMINISTRATION PUSHED TO CLOSE THAT DOWN, I JUST THINK IT WAS A BAD

MOVE. IT WAS NOT A WISE MOVE AND IT SHOULDN'T BE SHUT DOWN BECAUSE

OF THAT LOST REVENUE, BECAUSE OF THAT RELIABLE POWER SOURCE THEY WERE

FACING SO -- AND I'LL JUST --

MRS. GALEF: CAN I -- CAN I AGREE WITH YOU? AND I

NEVER CALLED FOR ITS CLOSING, BUT I ALSO REALIZED THAT AT SOME POINT IT IS

GOING TO AGE. AND WHEN THE BOLTS WERE RUSTED AND STARTING TO COME OUT

IN CERTAIN PARTS OF THE PLANT, EVEN ME WAS GETTING CONCERNED. BUT THERE

WAS A HEARING UP IN ALBANY AND THE COMPANY ENTERGY SAID WE DON'T

WANT THESE MERCHANT PLANTS ALL OVER THE NORTHEAST, WE WANT TO GET RID

OF THEM, AND THEY SOLD EVERY ONE OF THEM. THEY SOLD THE UPSTATE ONE,

FITZPATRICK AND -- AND THEY JUST WANTED TO GET OUT OF THE BUSINESS

BECAUSE THEY WEREN'T MAKING ENOUGH MONEY. IF THEY WERE MAKING

ENOUGH MONEY, THEY WOULD'VE STAYED. AND ONE OF THE PROBLEMS OF --

THEY -- THEY HAD TO DO SO MANY OTHER SAFETY MEASURES AFTER FUKUSHIMA

THAT, YOU KNOW, THEY SPENT A LOT OF MONEY KIND OF REDESIGNING WHAT

THEY WERE GOING TO DO AND THEY MIGHT HAVE HAD TO DO MORE WITH THE

COOLING TOWER. I AGREE THAT THE GOVERNOR PUT A LOT OF PRESSURE ON THEM.

NYS ASSEMBLY JUNE 10, 2020

AT THE SAME TIME, THEY WERE NOT MAKING THE MONEY. SO, YOU DON'T STAY

IN A BUSINESS WHEN YOU'RE NOT MAKING THE MONEY.

MR. PALMESANO: WELL, THANK YOU AGAIN, SANDY,

FOR YOUR TIME AND EFFORT ON THIS. I -- I'M SURE THE COMMUNITY

APPRECIATES WHAT YOU'RE DOING. BUT I'LL JUST GO ON THE BILL.

MRS. GALEF: OKAY. THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

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

MY COLLEAGUES, AND AGAIN, I APOLOGIZE FOR THE DELAY IN GETTING ON HERE,

I'M NOT USED TO DOING IT THIS WAY HERE. BUT I JUST KIND OF WANTED TO

POINT OUT THAT JUST SOME CONCERNS I HAVE RELATIVE AGAIN TO -- I MEAN, I

JUST HAVE SOME CONCERNS, I THINK IT LOOKS LIKE WE'RE KIND OF CHANGING

WHAT THE DEFINITION OF REAL PROPERTY IS. I UNDERSTAND THAT THE DRY CASKS

ARE LARGER THAN WHAT YOU MIGHT THINK, BUT IT'S STILL CONSIDERED CLASSIFIED

AS A MOVEABLE, IT'S PERSONAL PROPERTY. AND THEN TO THINK THAT YOU COULD

TAX THAT AS A -- AS A REAL PROPERTY MIGHT -- I THINK IT COULD SET SOME

PRECEDENT FOR OTHER ARES THAT WE HAVE TO AT LEAST BE CAREFUL OF AND THINK

OF MOVING DOWN THE ROAD. I ALSO THINK THE PERSPECTIVE OF -- I THINK

THERE ARE SOME LEGAL QUESTIONS HERE AS IT RELATES TO PREEMPTION AND THE

FEDERAL GOVERNMENT BECAUSE IT -- IT COULD BE AS THOUGH THE -- THE STATE

IS LOOKING TO KIND OF DEAL WITH THIS ISSUE WHERE IT FALLS UNDER THE

GUIDELINES OF THE FEDERAL GOVERNMENT AS FAR AS THE OVERSIGHT AND HOW

TO HANDLE THE SPENT FUEL POOLS AND FROM A SAFETY PERSPECTIVE. BUT, I

APPRECIATE WHERE THE SPONSOR IS COMING FROM ON THIS AND I CAN

CERTAINLY UNDERSTAND WHY SHE'S FIGHTING FOR WHAT SHE'S FIGHTING FOR AND

NYS ASSEMBLY JUNE 10, 2020

I ADMIRE HER AND RESPECT HER FOR THAT. BUT JUST GIVEN TO SOME OF THE

QUESTIONS AND CONCERNS THAT HAVE BEEN BROUGHT UP AND I THINK THAT

HAVE TO BE CONSIDERED I'LL PROBABLY BE VOTING IN THE NEGATIVE -- I'LL BE

VOTING IN THE NEGATIVE ON THIS BILL AND WOULD ASK MY COLLEAGUES TO DO

THE SAME.

ACTING SPEAKER AUBRY: MR. TAGUE.

MR. TAGUE: GOOD AFTERNOON, MADAM

CHAIRWOMAN, IT'S ALWAYS A PLEASURE TO TALK TO YOU. I JUST HAVE ONE

QUICK QUESTION. THE RATE OF TAX, HAS THAT BEEN DECIDED OF WHAT THE RATE

OF TAX WE WOULD BE CHARGING THIS COMPANY?

MRS. GALEF: NO, THAT WOULD BE ESTABLISHED BY THE

ASSESSOR. REMEMBER, WE -- WE ARE REALLY HOPING THAT A PILOT CAN BE

ACCOMPLISHED THROUGH THE DECOMMISSIONING. I MEAN, THERE'S NOTHING

THAT WILL BE HAPPENING TODAY. BUT THROUGH THE DECOMMISSIONING

COMPANY COMING IN, HOPEFULLY THERE WILL BE A PILOT. AND THAT MIGHT

INCLUDE THE OVERALL PLUS THE SPENT FUEL RODS. SO, THIS IS JUST IN CASE THEY

CANNOT DEVELOP A PILOT FOR THE COMMUNITY. I WOULD ASSUME THAT THE

ASSESSOR WOULD COME IN AND LOOK AT THE VALUE OF THE POOL WITH X

NUMBER OF SPENT FUEL RODS IN THE POOL. REMEMBER, NOT TAXING THE FUEL

RODS. THEN I WOULD THINK THAT THEY WOULD COME IN AND LOOK AT THE DRY

CAST SYSTEM AND THE PADS. NOW, SOME STATES AND THAT GOES BACK TO

ANOTHER ISSUE, STATES HAVE BEEN DOING DIFFERENT THINGS WITH SPENT FUEL

RODS. AND IN MINNESOTA, THEY ACTUALLY TAXED ONE DRY CAST A

HALF-A-MILLION DOLLARS. SO, AND ENTERGY, I BELIEVE THEY HAVE SAID THAT

THEIR DRY CAST IS WORTH A $1 MILLION, IT COST THEM A $1 MILLION. SO I

100

NYS ASSEMBLY JUNE 10, 2020

THINK THEY PROBABLY LOOK AT WHAT THE COSTS WERE TO, YOU KNOW, IN --

INCORPORATE THESE SPENT FUEL RODS INTO A DIFFERENT KIND OF SCENARIO. SO,

THAT WOULD BE BASED --

MR. TAGUE: ALL RIGHT.

MRS. GALEF: -- YOU KNOW -- ECONOMIC BASED, AND

AGAIN, THEY CAN ALWAYS APPEAL IF THEY DON'T LIKE THE DECISION.

MR. TAGUE: I -- I APPRECIATE THAT, AND AS MY

COLLEAGUE ASSEMBLYMAN PALMESANO SAID, I -- I APPRECIATE YOUR

CONCERN AND -- AND WHAT YOU'RE TRYING TO DO. I DO AGREE I WOULD MUCH

RATHER SEE A PILOT PUT IN PLACE. I -- I HAVE TO AGREE WITH MY COLLEAGUE

THAT SETTING A PRECEDENCE ON REAL PROPERTY TAX I THINK MAY BE GOING A

LITTLE TOO FAR WITHOUT ALL THE INFORMATION. BUT AGAIN, I -- I APPRECIATE

YOUR CONCERN AND WHAT YOU'RE TRYING TO DO HERE AND I -- I THINK IT'S AN

ISSUE THAT WE DEFINITELY HAVE TO LOOK AT. AND IT'S NOT ONLY WITH THIS

SITUATION, THERE ARE OTHER ENVIRONMENTAL ISSUES THROUGHOUT THE STATE,

THROUGHOUT THE COUNTRY THAT I THINK WE NEED TO LOOK AT AS PROJECTS START

TO GEAR DOWN IN OUR COMMUNITIES. BUT, JUST FOR THAT REASON,

CHAIRWOMAN, I WILL BE VOTING IN THE NEGATIVE AS WELL. BUT JUST FOR

THOSE REASONS. BUT I DO THINK THAT YOU'RE ON THE RIGHT TRACK AND I -- I

WOULD MUCH RATHER SEE A PILOT PROGRAM PUT IN PLACE MAYBE IN A LOWER

DOLLAR VALUE NOW THAT, YOU KNOW, THAT THERE'S PROBABLY NOT ANY JOBS

THERE ANYMORE, SO ON AND SO FORTH. BUT THANK YOU AGAIN, IT'S ALWAYS A

PLEASURE SPEAKING WITH YOU. THANK YOU.

MRS. GALEF: YOU'RE WELCOME.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

101

NYS ASSEMBLY JUNE 10, 2020

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,

2021.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO 124. THIS IS A FAST ROLL CALL. ANY MEMBER

WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

MR. BUCHWALD TO EXPLAIN HIS VOTE.

MR. BUCHWALD: THANK YOU VERY MUCH, MR.

SPEAKER. I WANT TO THANK THE SPONSOR OF THIS BILL, THE CHAIRWOMAN OF

THE REAL PROPERTY TAX COMMITTEE FOR BRINGING IT FORWARD. IT IS IN

POINT FOR ESTABLISHING A PRINCIPLE THAT WHEN THERE IS SPENT FUEL LEFT

BEHIND AT A DECOMMISSIONED NUCLEAR POWER FACILITY SITE, THAT WE

RECOGNIZE THAT THERE ARE OBLIGATIONS ATTENDANT TO THAT. THE -- IT'S

CERTAINLY TRUE THAT TO ME THERE'S NOTHING THAT'S TOTALLY PERMANENT IN THIS

WORLD. A BUILDING CAN BE ERECTED, A BUILDING CAN BE TORN DOWN AND SO

FORTH, BUT OUR REAL PROPERTY TAX LAW, WHICH IS SOMETHING THAT NEW

YORK STATE IS IN CHARGE OF, SHOULD RECOGNIZE THAT SPENT FUEL AND DRY

CAST SYSTEMS ARE EFFECTIVELY SOMETHING THAT AFFECT THE LAND AND AFFECT

HOW OUR LOCAL JURISDICTIONS AND SCHOOL DISTRICTS SHOULD BE TREATING IT FOR

REAL PROPERTY TAX PURPOSES. THERE ARE REAL COSTS THAT COME TO

COMMUNITIES THAT HAVE THESE SITES, NOT THE LEAST OF WHICH IS EMERGENCY

SERVICE REQUIREMENTS, TRAINING AND -- AND SO FORTH, AND OF COURSE, IF

NECESSARY, RESPONDING. SO, I REALLY BELIEVE THAT THIS BILL STANDS FOR AN

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APPROPRIATE PRINCIPLE AND I HOPE THAT IT MOVES THINGS FORWARD IN TERMS

OF ESTABLISHING A PILOT THAT PROVIDES FOR COMMUNITIES IN AND AROUND

INDIAN POINT. AND I WANT TO THANK THE ASSEMBLYWOMAN FOR BRINGING

THE BILL FORWARD AND MAKING SURE THAT THIS PRINCIPLE IS ESTABLISHED THAT

NO ONE CAN JUST LEAVE SPENT FUEL BEHIND AND NOT THINK THAT'S SUBJECT TO

SOME SORT OF DEFINITIVE REAL PROPERTY TAX MEASURE. AND I REALLY FEEL

THAT IT IS FITTING THAT WE DO THIS IN THIS PACKAGE OF BILLS TODAY. THANK

YOU. I VOTE YES.

ACTING SPEAKER AUBRY: MR. BUCHWALD IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICANS IN THE NEGATIVE: MR. PALMESANO, MR. TAGUE,

MR. LIPETRI, MR. WALCZYK, MS. WALSH, MR. BARCLAY AND MYSELF. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUE MR. SANTABARBARA IN THE

NEGATIVE. AND MR. CUSICK AS WELL.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ON CALENDAR A, PAGE 5, RULES REPORT NO. 140.

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NYS ASSEMBLY JUNE 10, 2020

THE CLERK: ASSEMBLY NO. 10338, RULES REPORT

NO. 140, GALEF. AN ACT TO AMEND THE LABOR LAW AND THE PUBLIC

SERVICE LAW, IN RELATION TO ESTABLISHING REQUIREMENTS FOR THE TRANSFER,

SALE, LEASE AND ANY DECOMMISSIONING ACTIVITIES OF THE INDIAN POINT

NUCLEAR POWER PLANT.

ACTING SPEAKER AUBRY: EXPLANATION HAS BEEN

REQUESTED, MRS. GALEF.

MRS. GALEF: THANK YOU VERY MUCH. IN OUR SERIES

OF NUCLEAR BILLS -- I WISH OTHER PEOPLE HAD NUCLEAR PLANTS INSTEAD OF THE

95TH ASSEMBLY DISTRICT, BUT ANYWAY, WE DO. AND, YOU KNOW, ONE OF

THE ISSUES I SPOKE ABOUT BEFORE WAS THE FACT THAT WE HAVE OVER 1,000

EMPLOYEES THAT WORK IN INDIAN POINT IN WELL-PAYING AND GOOD JOBS.

AND MANY OF THEM -- SOME OF THEM, I -- I DON'T KNOW WHAT THE

NUMBERS ARE, HAVE DECIDED, SINCE THE PLANT IS CLOSING, THAT THEY MAY GO

ALONG WITH ENTERGY INTO -- AND WORK IN SOME OF THEIR SOUTHERN PLANTS.

THERE ARE OTHER PEOPLE THAT ARE RETIRING. BUT THERE ARE OTHERS THAT

WOULD LIKE TO CONTINUE TO WORK AT THE PLANT. AND WHAT THIS BILL DOES IS

-- IS IT ENCOURAGES THE NEW COMPANY COMING IN TO PROVIDE A PREVAILING

WAGE, WHICH THESE EMPLOYEES HAVE BEEN GETTING FOR A PERIOD OF TIME,

AND ALSO TO MAKE -- TO ASSURE THAT THE JOBS CONTINUE IN THE COMMUNITY

INSTEAD -- INSTEAD OF HAVING A LOSS OF JOBS, A LOSS OF INCOME AND A LOSS

OF ABILITY TO PAY FOR THEIR OWN HOUSING. AND SO WHAT IT DOES IS, IT WILL

HAVE A PREVAILING WAGE FOR THE PEOPLE THAT WILL CONTINUE ON THE

WORKFORCE, AND WE'RE ASKING, THROUGH THIS BILL, THAT THE PREVAILING WAGE

BE DONE. AND WHEN NEW HIRES COME ALONG WITH THE NEW COMPANY

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COMING IN, THAT THEY ARE REQUIRED TO PICK UP THE EMPLOYEES THAT HAVE

BEEN WORKING AT INDIAN POINT IF THEY HAVE THE REQUIRED SKILLS AND THEN

TO PAY THEM AT THE PREVAILING WAGE.

THERE'S ALSO A PART OF THE BILL, AND I NEVER REALLY KNEW

QUITE ABOUT THIS, BUT THEY MAINTAIN THE LABOR PEACE AGREEMENT, AND SO

THAT THERE WOULDN'T BE PICKETING AND WORK STOPPAGES AND BOYCOTTS AND

SO ON AT THE FACILITY. AND ALSO INCLUDED IN THE BILL WILL BE THE

COMMISSION, PUBLIC SERVICE COMMISSION GIVING CONSENT TO MAINTAIN

THE PRESENT WORKFORCE AND TO CONTINUE WITH THE NEGOTIATIONS THAT HAVE

OCCURRED ALREADY WITH THE -- WITH THE PREVAILING WAGE. AND, YOU

KNOW, AGAIN, THIS IS A VERY UNIQUE SITUATION WHERE WE'RE TRYING TO

PROTECT THE EMPLOYEES AT INDIAN POINT AND BE ABLE TO GIVE THEM THE

JOBS. AND I -- YOU KNOW, I JUST THINK ABOUT SOME OF THE TIMES THAT I'VE

GONE OTHER PLACES WHERE YOU JUST PULL IN PEOPLE FROM ANOTHER STATE OR

WHATEVER TO WORK ON, YOU KNOW, ON ANOTHER JOB OR A DECOMMISSIONING,

AND, YOU KNOW, THE FACT THAT WE HAVE EMPLOYEES THAT HAVE WORKED

THERE FOR A LONG TIME, THEY KNOW -- THEY KNOW THE SYSTEM AT INDIAN

POINT, THEY KNOW WHAT'S THERE, THEY'RE GOING TO HAVE TO BE TEARING IT

APART, WHICH PROBABLY WILL DESTROY THEIR MORALE, BUT THEY HAVE THE

KNOWLEDGE TO BE ABLE TO DO THIS. AND OF COURSE IF WE'RE PAYING

PREVAILING WAGE, WE'RE GETTING GOOD PEOPLE CONTINUING TO WORK AT THE

PLANT. THIS IS REALLY A SAFETY ISSUE FOR ALL OF US. JUST BECAUSE YOU CLOSE

A NUCLEAR PLANT DOESN'T MEAN THAT -- THAT YOU NOW ALL OF A SUDDEN HAVE

A SAFE PIECE OF PROPERTY. YOU DON'T. YOU HAVE SPENT FUEL RODS THAT ARE

STILL THERE. AND IT HAS BEEN A TARGET IN MANY INSTANCES FOR SOMEBODY TO

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-- TO DO BAD THINGS AT A NUCLEAR PLANT. AND SO THIS IS -- ALSO PROTECTS

THE SAFETY OF THE COMMUNITY.

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?

MRS. GALEF: CERTAINLY.

ACTING SPEAKER AUBRY: MRS. GALEF, DO YOU

YIELD?

MRS. GALEF: YES.

ACTING SPEAKER AUBRY: MRS. GALEF YIELDS.

MR. PALMESANO: THANK YOU, SANDY, I'LL TRY THIS

AGAIN AND HOPEFULLY THIS ONE GOES A LITTLE SMOOTHER. AND AGAIN, I

CERTAINLY UNDERSTAND WHY YOU'RE TRYING TO ADVANCE THIS LEGISLATION. I

UNDERSTAND CERTAINLY A NUMBER OF THE EMPLOYEES THAT WORK THERE MAKE

EVEN CONSIDERABLY MORE THAN PREVAILING WAGE AND HAVE GOOD INCOMES,

SO, I UNDERSTAND THE INTENT BEHIND THE LEGISLATION. I THINK WHERE I --

WHERE MY CONCERNS LAY WITH THIS LEGISLATION IS THE -- IS THE PRECEDENT.

BECAUSE USUALLY UNDER PREVAILING WAGE UNDER STATE LAW IT WOULD EXIST

REALLY IF THERE'S A -- A PUBLIC PROJECT OR IF THERE'S PUBLIC DOLLARS THAT ARE

PROVIDED TO THE COMPANY OR INVOLVED IN THE PROJECT. ISN'T THAT CORRECT?

MRS. GALEF: USUALLY, BUT -- ACTUALLY, CAN I GIVE

YOU A RESPONSE TO THIS --

MR PALMESANO: SURE.

MRS. GALEF: -- AT THIS POINT, OR DO YOU WANT TO GO

FURTHER?

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WE HAVE -- WE HAVE OVER A PERIOD OF TIME MADE SOME

CHANGES. SO IN OUR -- IN OUR BUDGET THAT JUST WE ENACTED IN 2021, WE

ACTUALLY PUT IN A PROVISION FOR PREVAILING WAGE FOR BUILDING SERVICES

EMPLOYEES AT CERTAIN UTILITY FACILITIES. AND THAT WAS A -- A CHAPTER

AMENDMENT TO A NEW BILL. AND THE JUSTIFICATION FOR THAT WAS THAT

UTILITIES -- AND THIS IS FOR PREVAILING WAGE, THAT UTILITY COMPANIES ARE

HIGHLY REGULATED BY THE PUBLIC SERVICE COMMISSION. AND THEY ARE

TARGETS OF TERRORISM AND SO -- AND -- AND THEY -- THEY DO PROVIDE WITH

THE PREVAILING WAGE A STRONGER RELIABLE WORKFORCE. SO, WE'VE ACTUALLY

DONE IN THAT IN OUR STATE BUDGET. AND PRIOR TO THAT, WHICH I -- YOU

KNOW, I KIND OF FORGOTTEN ABOUT, IS THAT WHEN WE ALLOWED CAPITAL

PROJECTS FOR CASINOS, AND THEY WERE HELD PRIVATELY, AND-- AND THE

UTILITIES ARE HELD PRIVATELY, THE CASINOS ARE HELD PRIVATELY BUT THEY WERE

AUTHORIZED TO DO THIS AS LONG AS THEY WOULD DO -- HAVE PREVAILING WAGE.

BECAUSE IT IS A -- A COMPELLING PROPRIETARY INTEREST IN -- IN STATE

GOVERNMENT. SO, WE'VE DONE THAT IN TWO DIFFERENT EXAMPLES. AND WE

ALSO INCLUDED IT IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION

ACT. SO, WE HAVE DONE IT IN SEVERAL CASES. BUT I JUST WANT TO CONTINUE

A LITTLE BIT FURTHER. SO THAT'S DIRECT. WE HAVE DIRECTLY DONE IT. BUT

THERE'S SO MANY INDIRECTS WITH INDIAN POINT. FIRST OF ALL, IN 2016,

FITZPATRICK, WHICH IS UPSTATE, A NUCLEAR PLANT OWNED BY ENTERGY WAS

HAVING A MAJOR FINANCIAL PROBLEM, THEY WERE LOSING I THINK $60 MILLION

A YEAR. AND SO, WITH OUR ZERO EMISSION CREDITS THAT WE ESTABLISHED IN

2016 WE GAVE THOSE PLANTS, ALL THOSE PLANTS UP NORTH 12 YEARS OF -- OF

STATE SUBSIDIES, BUT THE -- IT WASN'T REALLY STATE SUBSIDIES, IT WAS CALLED

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THE SUBSIDIES FROM US. I PAY $2 EVERY MONTH ON MY ELECTRIC BILL TO

SUBSIDIZE THE UPSTATE NUCLEAR PLANTS BECAUSE WE WANTED TO KEEP THEM

OPERATING, WE WANTED TO KEEP JOBS. SO, YOU KNOW, WE REALLY HELPED

ENTERGY. AND ENTERGY HAD OWNED THE PLANT, WAS ABLE TO SELL THE PLANT

TO EXELON BECAUSE THEY GOT -- WE -- WE SUBSIDIZED THEM AS A STATE. SO,

THAT'S AN INDIRECT SUBSIDY. I'M SORRY, I'VE GOT SOME OTHER SUBSIDIZE

[SIC]. WE SUBSIDIZE OUR NUCLEAR PLANTS WITH THE CESSATION FUND. WE

PUT OVER $60 MILLION OR MORE INTO THE CESSATION FUND IN OUR BUDGET

THAT GOES OUT TO THE COMMUNITIES TO SUBSIDIZE FOR THEIR LACK OF -- OF

MONIES COMING IN FROM OUR NUCLEAR PLANTS AND OTHER PLANTS. WE

SUBSIDIZE -- WE'VE BEEN SUBSIDIZING FOR 50 YEARS STATE DOLLARS TO GO

INTO THE DEC TO MONITOR THE HEALTH AND SAFETY OF THE NUCLEAR PLANT, THE

WATER QUALITY ON THE HUDSON RIVER. THERE WAS AN ISSUE WITH COOLING

TOWERS, THE DEC SPENT A LOT OF TIME AND MONEY ON THAT. PUBLIC

SERVICE COMMISSION OBVIOUSLY HAS SPENT A LOT OF TIME AND MONEY ON

TRANSFER APPROVAL, SO, THEY HAVE SPENT MONEY ON INDIAN POINT. THE --

INDIAN POINT CLOSURE TASK FORCE, WHICH I SPOKE ABOUT I THINK IN THE

LAST DEBATE, THE STAFFING OF THE GOVERNOR'S OFFICE COMES DOWN TO

CORTLAND, THE PSC: LABOR DEPARTMENT, TAX AND FINANCE, ECONOMIC

DEVELOPMENT, THEY ALL COME DOWN. WE'RE PAYING THEIR SALARIES TO PULL

TOGETHER HOW DO WE DEAL WITH INDIAN POINT CLOSURE. THE PUBLIC

SERVICE COMMISSION IS NOW GOING TO HAVE TO SPEND DOLLARS TO DEAL

WITH THE TRANSFER TO A DECOMMISSIONING COMPANY. THEY'RE GOING TO DO

A COST AND REVIEW, AS WELL AS OUR ATTORNEY GENERAL, ON ALL THIS. SO,

BESIDES THE CASINOS AND BESIDES THE UTILITIES AND BESIDE OUR -- OUR OTHER

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ASPECTS OF IT ALL, WE HAVE BEEN PUTTING A LOT OF INDIRECT SUBSIDIES INTO

OUR NUCLEAR PLANTS. IT'S NOT JUST THE ONE IN MY DISTRICT BUT IT'S THE ONES

ALL OVER THE STATE.

MR. PALMESANO: SURE. I --

MRS. GALEF: FOR A LONG ANSWER TO THAT QUESTION.

MR. PALMESANO: THAT'S ALL RIGHT. YOU -- YOU'RE

VERY GOOD, SANDY. SO, IN THIS CASE, THOUGH, INDIAN POINT RIGHT NOW IS

HELD BY A PRIVATE ENTITY RIGHT NOW AND IT COULD --

MRS. GALEF: RIGHT.

MR. PALMESANO: -- TO SELL TO ANOTHER PRIVATE

ENTITY THEY WOULD BE, AGAIN, AN -- AN ENTITY THAT'S NOT GETTING DIRECT

STATE SUPPORT TO THAT OPERATION AT ALL, CORRECT?

MRS. GALEF: WELL, THERE -- IT COULD BE AT SOME

POINT. I MEAN, THEY HAVE TO -- A DECOMMISSIONING COMPANY COMING IN

HAS TO BE VETTED BY THE STATE OF NEW YORK, THE PUBLIC SERVICE

COMMISSION HAVE TO SIGN OFF ON IT WITH THE NRC. AND AS I SAID, THE

ATTORNEY GENERAL IS IN -- INTO IT. SO, AFTER THEY HAVE SIGNED, NO, THE --

THE STATE IS STILL GOING TO HAVE TO MONITOR, BE SURE THE SPENT FUEL RODS --

I MEAN, YOU KNOW, IT'S BASICALLY A FEDERAL OBLIGATION, BUT WE HAVE TO

PROTECT THE HEALTH AND SAFETY OF THE, YOU KNOW, OUR STATE AND OUR

RESIDENTS, SO WE HAVE THE HEALTH DEPARTMENT IN THERE ALL THE TIME, SO

IT'S NOT TOTALLY, BUT WE'RE NOT GOING TO GIVE THEM ANY MONEY, I THINK

THEY ARE JUST PROBABLY GOING TO TAKE MONEY FROM US.

MR. PALMESANO: RIGHT. NO, AND I UNDERSTAND

WHAT YOU'RE SAYING. BECAUSE LIKE WHEN YOU MENTIONED THE -- THE

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COMMUNITY CLIMATE LEADERSHIP PROTECTION ACT, WHICH I HAVE MY OWN

CONCERNS ABOUT THAT I'VE DEBATED IN THE PAST, BUT -- AND IN THAT REGARD,

BECAUSE THAT'S WHEN YOU'RE TALKING ABOUT, YOU KNOW, RATEPAYER DOLLARS

GOING TO CREATE THESE PROGRAMS AND PUTTING THEM IN PLACE FOR GREEN

ENERGY, CLEAN ENERGY, RENEWABLE ENERGY. BUT IN THIS CASE, AGAIN, WITH

THESE ENTITIES, THEY'RE NOT GOING TO BE GETTING DIRECT SUBSIDIES FROM

THEM -- OBVIOUSLY WE HAVE A REGULATORY RESPONSIBILITY LIKE THE STATE

JUST LIKE THE FEDERAL DOES, SO, AS FAR AS DIRECT SUBSIDIES, THAT'S -- WITH

THAT NOT BEING GOING IN THERE, I THINK THAT'S WHERE I -- I HAVE SOME

CONCERNS WITH THIS. THE PRECEDENT IS -- CONTINUES TO SET BECAUSE WE'RE

REALLY NOT SUPPOSED TO BE, YOU KNOW, MANDATING PREVAILING WAGE ON

PRIVATE ENTITIES IF THERE'S NO DIRECT SUBSIDY COMING FROM THEM. I MEAN,

YOU CAN ALWAYS DO INDIRECT AND THINGS OF THAT NATURE, OR REGULATION AND

OVERSIGHT, BUT THERE'S NO DIRECT SUBSIDY THAT'S COMING IN BECAUSE THESE

-- THESE OWNERS THAT ARE COMING IN -- IF A NEW OWNER COMING IN, IF

THERE'S NO DIRECT SUBSIDY TO -- TO THE NEW OWNERS WHO WOULD COME IN,

THEY WOULD BE RESPONSIBLE FOR WHAT'S THERE. CORRECT?

MRS. GALEF: THEY'RE RESPONSIBLE FOR WHAT'S THERE,

BUT YOU NEVER KNOW WHEN SOMEBODY WALKS AWAY FROM A FACILITY. I

MEAN, WE DON'T KNOW WHAT'S GOING TO HAPPEN IN TEN YEARS. WE DON'T

KNOW WHAT'S GOING TO HAPPEN IN 60 YEARS. WE PROBABLY WON'T BE HERE

IN 60 YEARS TO REALLY KNOW AND THERE WILL BE ANOTHER DEBATE ON THIS

ISSUE, I'M SURE. BUT OF COURSE, YOU KNOW, WE -- WE'VE BEEN INVOLVED

WITH PREVAILING WAGE WITH CASINOS. HOW DO WE KNOW WHAT'S GOING TO

HAPPEN WITH THEM? OR ARE WE GOING TO HAVE TO GO IN AND DO

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SOMETHING. YOU KNOW, WE DON'T KNOW WHETHER THERE'S GOING TO HAVE

TO BE -- WE STILL HAVE EMERGENCY SERVICES. WE MAY HAVE TO USE OUR

STATE POLICE IN -- IN DIFFERENT INSTANCES. YOU KNOW, SOME OF THOSE

THINGS, YOU KNOW, I DON'T KNOW THAT I CAN ANSWER YOU RIGHT NOW

BECAUSE WE REALLY DON'T KNOW.

MR. PALMESANO: SURE. WELL, THANK YOU, SANDY

FOR YOUR TIME.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: FOR THAT ONE, I JUST THANK THE

SPONSOR FOR HER TIME, HER EXPLANATION AS ALWAYS, SHE'S VERY ARTICULATE

AND VERY INFORMATIVE AND -- AND DETAILED IN HER EXPLANATION. SO, I

APPRECIATE THAT. AND AS ALWAYS OUR DISCUSSIONS ARE VERY CORDIAL AND

RESPECTFUL, WHICH I ALSO APPRECIATE, SO I WANT TO SAY THANK YOU FOR THAT.

I THINK REALLY THE CRUX OF THIS, CERTAINLY WANT TO SEE THE WORKFORCE GET

PAID A GREAT WAGE THERE. THEY DESERVE THAT. I UNDERSTAND THAT. I THINK

WHERE I'M REALLY -- THE POINT I'M GETTING TO, THE CONCERN I HAVE, SOME OF

MY COLLEAGUES MAY HAVE, IS THE PRECEDENT AND GETTING DOWN THIS --

GOING DOWN THIS ROAD OF MORE AND MORE PUSHING THE IDEA OF PREVAILING

WAGE FOR PRIVATE ENTITIES. I KNOW WE'VE MOVED THAT WAY, IT SEEMS WE

KEEP MOVING THAT WAY. I THINK, YOU KNOW, SOME MIGHT THING IT'S A

GOOD THING, BUT THE PROBLEM IS IF THESE PRIVATE ENTITIES AREN'T GETTING

ANY DIRECT SUBSIDY, LIKE YOU SEE WITH THE GREEN ENERGY PROJECT, IF THERE

IS A GREEN ENERGY PROJECT FOR A WINDMILL OR SOLARS GOING UP, THEN, YES,

THERE WOULD BE A SUBSIDY THAT WOULD BE TAKING PLACE AND THEN YEAH,

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PREVAILING WAGE WOULD FALL INTO PLACE. BUT IF IT'S A PRIVATE ENTITY, IT

OWNS IT, IT ASSUMES IT, PAYS FOR IT, IS RESPONSIBLE FOR IT, WHETHER IT'S THE

COMMISSIONING, WHATEVER IT MAY BE, THAT RESPONSIBILITY WOULD FALL WITH

THAT PRIVATE ENTITY. AND IF THEY'RE NOT RECEIVING ANY DIRECT SUBSIDY

FROM THE TAXPAYERS AND THE RATEPAYERS, TO PUT A MANDATE OF PREVAILING

WAGE ON -- ON THEM I THINK IS A -- IS A DANGEROUS PRECEDENT AND

HEADING DOWN A SLIPPERY PATH AND ROAD, WHICH CAN ALSO I THINK DOWN

THE ROAD HURT RECEIVING MORE INVESTMENT FROM -- FROM THE PRIVATE

SECTOR INTO OUR ECONOMY. LORD KNOWS WE NEED MORE PRIVATE SECTOR

INVESTMENT IN OUR ECONOMY GIVEN WHAT OUR --YOU KNOW, OUR ECONOMY

TRYING TO BOUNCE BACK AFTER COVID-19 AND GET UP -- BACK UP AND

RUNNING AGAIN. AND WHEN YOU HAVE A MANDATE LIKE THIS AND SOMEONE

CAN SEE NOW A PRIVATE COMPANY COME -- CAN COME IN AND BE SUBJECT TO

A PREVAILING WAGE, OR, YOU KNOW, EVEN THOUGH THEY'RE NOT RECEIVING

ANY DIRECT SUBSIDY FROM THE STATE, THAT'S GOING TO THROW UP A RED FLAG

FOR THOSE PEOPLE WHO MAYBE WANT TO COME HERE AND INVEST HERE,

BECAUSE WHO'S -- WHO'S TO SAY THAT YOU'RE NOT GOING TO CHANGE THE RULES

IN THE MIDDLE OF THE GAME DOWN THE ROAD ON THEM. BUSINESSES THAT

WANT TO COME HERE, PUT THEIR CAPITAL LIFE SAVINGS TO DEVELOP A PLAN, A

MANUFACTURE -- WHATEVER IT MAY BE, AND IF THEY'RE NOT GETTING ANY

ASSISTANCE FROM THE STATE GOVERNMENT OR THROUGH SUBSIDY OF ANY KIND,

THEN TO MANDATE ON THEM THAT NO, THIS IS WHAT YOU HAVE TO -- THEY HAVE

TO PAY THE PREVAILING WAGE WITHOUT -- WITHOUT ANY DUE CONCERN TO ANY

EXPENSES THEY MAY HAVE, WHAT THEIR BUSINESS SITUATION MIGHT BE ON THE

COST, I JUST THINK IT'S JUST SENDING A -- A VERY DANGEROUS MESSAGE, A

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CONCERNING MESSAGE TO THE PRIVATE SECTOR. THE PEOPLE -- WE REALLY

NEED TO HAVE THAT TYPE OF PRIVATE SECTOR INVESTMENT BACK IN THIS

ECONOMY IF WE'RE GOING TO REALLY REOPEN IT AND GET IT -- POINTED BACK IN

THE RIGHT DIRECTION SO WE CAN HAVE THE REVENUES COMING INTO OUR STATE

TO PAY FOR OUR IMPORTANT PROGRAMS THAT WE'RE ALL WORRIED ABOUT GETTING

CUT WITH WHAT'S GOING ON WITH THE BUDGET. SO, I THINK AT A TIME LIKE

THIS, PUTTING OUT A -- A PROPOSAL (UNINTELLIGIBLE) BASICALLY SAYING

MANDATING MINIMUM -- PREVAILING WAGE FOR PRIVATE BUSINESSES THAT

AREN'T -- RECEIVING NO DIRECT SUBSIDY, I JUST THINK IT'S GOING TO SEND A

MESSAGE ACROSS THE STATE, ACROSS THIS COUNTRY THAT NEW YORK IS NOT

OPEN FOR BUSINESS, IT'S NOT A PLACE TO DO BUSINESS. AND YOU SEE THAT

FROM OUR STATISTICS, WE'RE 49TH IN BUSINESS CLIMATE, HIGHEST IN PROPERTY

TAXES, INCOME TAXES, ENERGY COSTS, UNEMPLOYMENT COSTS, ALL THOSE COSTS

ARE MORE EXPENSIVE HERE IN NEW YORK THAN ANY OTHER STATE. AND THEN

AN -- AN ISSUE LIKE THIS, IT WOULD -- PUTS THAT MANDATE ON A PRIVATE

BUSINESS, AGAIN, TO BE CLEAR, THAT IS NOT RECEIVING A DIRECT SUBSIDY FROM

THE STATE OF NEW YORK, TO SAY NOW, WELL, JUST BECAUSE, YOU KNOW, THE

SITUATION WAS GOING ON AND WE WANT TO MAKE SURE THE EMPLOYEES ARE

GETTING THE WAGES THEY -- WE WANT THEM TO GET, I GET THAT, I SUPPORT

THAT, BUT WE CAN'T PUT A MANDATE ON A PRIVATE BUSINESS IF IT'S NOT GETTING

ANY DIRECT SUBSIDY FROM THE STATE OF NEW YORK. EVERYWHERE ELSE IS

THE PREVAILING WAGE, I UNDERSTAND WE HAVE A MINIMUM WAGE, I'M NOT

SAYING WE PAY THESE INDIVIDUALS MINIMUM WAGE, BUT IT'S MORE THE

PRECEDENT THAT I THINK WE'RE SETTING HERE IN THIS -- IN THIS EXAMPLE

MOVING FORWARD. AND I THINK THAT'S SOMETHING I THINK WE ALL NEED TO

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NYS ASSEMBLY JUNE 10, 2020

BE VERY CAREFUL AND CAUTIOUS OF BECAUSE I JUST -- I'M VERY CONCERNED

ABOUT WHAT'S GOING TO HAPPEN TO OUR ECONOMY. I THINK WE'RE ALL

CONCERNED WITH WHAT'S GOING ON WITH OUR ECONOMY RIGHT NOW, AND IF

WE WANT THAT INVESTMENT AND OPEN UP, AND WE NEED THINGS TO GET

MOVING AND WE NEED TO ENCOURAGE -- ENCOURAGE PRIVATE SECTOR

INVESTMENT, NOT DISCOURAGE IT. AND I'M JUST -- I THINK A PROPOSAL LIKE

THIS IS GOING TO DISCOURAGE PRIVATE SECTOR INVESTMENT, NOT ENCOURAGE IT.

AND THE ONLY WAY WE'RE GOING TO REBOUND FROM THIS, RESTART AND

JUMP-START OUR ECONOMY IS TO REALLY ENCOURAGE THAT PRIVATE SECTOR

INVESTMENT. BUT I THINK WHEN YOU PUT A MANDATE LIKE THIS, WITH REALLY

NO JUSTIFICATION BECAUSE IT -- AGAIN, IF THEY WERE RECEIVING A DIRECT

SUBSIDY FROM THE STATE OF NEW YORK, YES, THEY WOULD HAVE TO BE

PAYING THE PREVAILING WAGE. BUT THEY ARE NOT RECEIVING A DIRECT

SUBSIDY FROM THE STATE OF NEW YORK. BUT YET, HERE IS NEW YORK

SAYING TO ANOTHER PRIVATE BUSINESS OR FUTURE PRIVATE BUSINESS, YOU KNOW

WHAT? THANKS FOR YOUR INVESTMENT, BUT WE'RE GOING TO MAKE YOU PAY

THIS AMOUNT OF MONEY BECAUSE WE THINK WE CAN. WELL, MAYBE WE CAN,

MAYBE WE'RE GOING TO TRY TO GET AWAY WITH IT, BUT THAT DOESN'T MEAN

THAT THESE BUSINESSES ARE GOING TO WANT TO COME HERE AND INVEST HERE

WHEN THEY SEE THE STATE OF NEW YORK PUTTING MORE AND MORE

MANDATES ON THAT, MAKING BUSINESSES MORE COSTLY TO DO HERE. THAT IS

NOT GOING TO ENCOURAGE THE PRIVATE SECTOR INVESTMENT WE WANT AND

NEED IN OUR ECONOMY. THAT IS (UNINTELLIGIBLE) RIGHT NOW. SO, FOR THOSE

REASONS, MR. SPEAKER, AND ALTHOUGH I HAVE TREMENDOUS RESPECT FOR THE

SPEAKER -- THE SPONSOR AND WHAT SHE'S TRYING TO DO, I APPLAUD HER FOR

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NYS ASSEMBLY JUNE 10, 2020

HER EFFORTS FOR FIGHTING FOR HER COMMUNITY. IT'S NOT ABOUT SPECIFICALLY

THAT COMMUNITY, IT'S JUST THE PRECEDENT THIS IS SETTING AND WHAT THIS CAN

MEAN DOWN THE ROAD FOR FUTURE PRIVATE SECTOR INVESTMENT IN OUR

ECONOMY AND DISCOURAGING THAT INVESTMENT AND GROWTH, WHICH WE

DESPERATELY NEED, ESPECIALLY GIVEN OUR SITUATION RIGHT NOW. SO, MR.

SPEAKER AND MY COLLEAGUES, FOR THAT REASON, I WILL BE VOTING IN THE

NEGATIVE AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. TAGUE.

MR. TAGUE: MR. SPEAKER, WOULD THE MADAM

CHAIRWOMAN YIELD FOR A COUPLE OF QUESTIONS?

MRS. GALEF: CERTAINLY.

ACTING SPEAKER AUBRY: MRS. GALEF --

MRS. GALEF YIELDS.

MRS. GALEF: YES.

MR. TAGUE: I DO CONCUR WITH MY COLLEAGUE, MR.

PALMESANO ON THIS BILL AS WELL. AND I ACTUALLY THINK THAT BY GOING YOUR

ROUTE MAY DISCOURAGE A BUSINESS FROM HIRING PEOPLE FROM THE

COMMUNITY AND CONTINUING ON IN THAT AREA. JUST SIMPLY THE MANDATE

ITSELF, AS SOMEONE THAT WAS IN THE CONSTRUCTION FIELD FOR ALMOST 30

YEARS, THE LAST THING FOLKS LIKE TO BE TOLD IS WHAT TO DO BY GOVERNMENT.

OR THAT THEY NEED TO DO IT. WITH THAT BEING SAID, THE QUESTION I HAVE,

MADAM CHAIRWOMAN, IS WITH REGARDS TO THE PREVAILING WAGE RATE LAW,

WORKERS' CLASSIFICATION FOR THESE TYPE OF EMPLOYEES, DO WE HAVE A

WORKERS' CLASSIFICATION IN PLACE FOR THESE TYPES OF EMPLOYEES THAT

WOULD WORK ON THESE PROJECTS?

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MRS. GALEF: WELL, WE HAVE CLASSIFICATIONS RIGHT

NOW FOR THE PEOPLE THAT ARE THERE. I AM NOT SURE ABOUT THE TYPES OF

CLASSIFICATIONS FROM ANOTHER COMPANY COMING IN, HOLTEC IS FROM NEW

JERSEY, THEY WANT TO PURCHASE THE PLANT. I DON'T KNOW ABOUT THEIR --

THEIR SYSTEMS. WE -- WE -- I DON'T THINK WE'RE GETTING INTO THE

CLASSIFICATION, WE'RE JUST GETTING INTO THE SITUATION WHERE WE CAN SAY

THAT THE PREVAILING WAGE HAS TO BE PAID. REMEMBER, AT INDIAN POINT

THE PREVAILING WAGE I THINK HAS ALWAYS BEEN THERE. AND ACTUALLY,

HOLTEC, WHO WANTS TO BUY THE PROPERTY, HAS ALREADY SAID THAT IT WOULD

PROVIDE PREVAILING WAGE. SO, WE'RE JUST PUTTING IT IN LAW, THEY HAVE

SAID THAT THEY WOULD DO IT. NOW, THEY MAY NOT BE THE COMPANY THAT

ENDS UP BUYING THE PLANT, I -- YOU KNOW, I DON'T KNOW. BUT, YOU COULD

ALSO SAY THAT INDIAN POINT IS A UTILITY TODAY. IT MAY NOT BE CONSIDERED --

I DON'T KNOW WHETHER IT'S CONSIDERED IN THE LAW A UTILITY TOMORROW

WHEN IT DOESN'T PROVIDE ANY ENERGY. BUT IT STILL HAS SPENT FUEL RODS

THERE, AND SPENT FUEL RODS COULD ACTUALLY BE USED AS THEY ARE IN FRANCE

AND OTHER COUNTRIES TO BE RENEWED AND USED FOR ENERGY. SO -- BUT WE

HAVE ALREADY SAID WITH OUR UTILITY COMPANIES THAT THEY HAVE TO PAY

PREVAILING WAGE. SO, IF YOU WANT TO CONSIDER THIS, WHICH I DO, A UTILITY

COMPANY, IT IS A NUCLEAR FACILITY, AND -- AND THEY SHOULD BE ABLE TO

CONTINUE TO PAY THE MINIMUM WAGE. I MAY HAVE ANOTHER ANSWER FOR

YOU, I JUST DON'T KNOW -- THE -- THE DEPARTMENT OF LABOR WOULD BASE IT

OFF THE RATE PAID IN THE AREA FOR THE JOB TITLES.

LET ME JUST TELL YOU ANOTHER THING, TOO. WHEN WE

WERE DEALING WITH THIS WHOLE HYDROFRACKING ISSUE, I WENT ON A VISIT TO

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PENNSYLVANIA. AND, YOU KNOW, I TALKED TO THE PEOPLE THERE BECAUSE IT

WAS ALL ABOUT JOBS, JOBS, JOBS, JOBS COMING TO PENNSYLVANIA. BUT YOU

KNOW WHAT HAPPENED? THESE COMPANIES CAME FROM TEXAS AND EVERY

OTHER PLACE, THEY BROUGHT THEIR PEOPLE WITH THEM. AND I'M -- I'M REALLY

CONCERNED IN THIS SITUATION THAT THEY'RE GOING TO BRING -- IF -- IF THEY

COULD PAY A LOWER RATE, THEY'RE GOING TO BRING PEOPLE FROM OTHER STATES

IN HERE. THEY'RE GOING TO REPLACE OUR WORKERS. THEY'RE GOING TO

REPLACE MY NEIGHBORS AND -- AND THE RESIDENTS OF THE STATE OF NEW

YORK WITH JOBS FROM [SIC] PEOPLE FROM OTHER PLACES AT A LOWER RATE.

AND, YOU KNOW, I JUST THINK WE OWE IT TO THE INDIAN POINT WORKERS THAT

HAVE BEEN THERE FOR 50 YEARS DOING A GREAT JOB FOR US, PROVIDING GREAT

ENERGY, THAT WE SHOULD PROTECT THEM DURING THIS PERIOD OF TIME. AND

AS IT GOES ALONG, BECAUSE I'VE GONE TO NUCLEAR PLANTS THAT HAVE CLOSED,

AND, YOU KNOW, THEY JUST HAVE KIND OF A POLICEMAN AT THE DOOR AND,

YOU KNOW -- I HOPE THAT DOESN'T HAPPEN HERE, BUT YOU -- YOU WORK

DOWN OVER TIME IN THE NUMBER OF EMPLOYEES THAT YOU NEED BECAUSE

YOU'RE -- YOU'RE TEARING BUILDINGS DOWN. IT'S A DIFFERENT TYPE OF

PROGRAM. AND WHAT THIS BILL SAYS IS THAT, YOU KNOW, THEY WON'T HIRE

PEOPLE IF THEY CAN'T DO THE JOB. THEY'RE GOING TO HAVE TO HIRE NEW --

NEW PEOPLE. BUT, YOU KNOW, WE'RE HOPING THAT THEY CAN HIRE AS MANY

PEOPLE THAT ARE LEFT HERE THAT HAVEN'T GONE DOWN SOUTH AND HAVEN'T

RETIRED. SO, IT'S A PROTECTION FOR THEM. IT IS UNIQUE, BUT IF YOU -- IF YOU

WANTED TO SAY IT'S A UTILITY, WHICH I WOULD SAY IT IS, IF IT'S UNDER THE LAWS

THAT WE REALLY ADOPTED IN OUR STATE BUDGET THIS LAST YEAR. SO, IT ISN'T

ANYTHING NEW.

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MR. TAGUE: WELL, THANK -- THANK YOU VERY MUCH.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: YES, SIR. ON THE BILL.

MR. TAGUE: AGAIN, I CONCUR WITH MY COLLEAGUE,

MR. PALMESANO. I THINK THAT IT'S NOT THE JOB OF GOVERNMENT TO BE

GETTING INVOLVED IN PRIVATE BUSINESSES. I THINK WHEN WE START TO GO

DOWN THAT SLIPPERY SLOPE WE CREATE AT LOT OF PROBLEMS. AND I WOULD

ALSO ARGUE THAT IF THIS COMPANY IS COMING INTO THE AREA AND THEY'RE

GOING TO BE THERE FOR A LENGTHY PART OF TIME, IT'S NOT GOING TO BE

RELEVANT FOR EMPLOYEES TO BE BROUGHT IN FROM OUTSIDE THE COMMUNITY

ANYWAY. IF THEY DO, THEN THEY'LL BECOME NEW RESIDENTS. SO, I THINK IT'S,

YOU KNOW, ON THE LOCAL GOVERNMENT AND US TO DO OUR BEST TO BRING

PEOPLE HERE AND TELL THEM WHY IT'S GOOD TO WORK AND LIVE IN NEW YORK

STATE. AND MANDATING ON BUSINESSES, WHETHER THEY'RE FROM NEW YORK

OR OUTSIDE OF NEW YORK, MANDATING CERTAIN THINGS LIKE PREVAILING WAGE

RATE, I THINK IS NOT THE ANSWER. AND FOR THOSE REASONS, I WILL BE VOTING

IN THE NEGATIVE, MR. SPEAKER, AND THANK YOU AND THANK YOU TO THE

SPONSOR.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

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

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 140. THIS IS A PARTY VOTE. ANY MEMBER

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NYS ASSEMBLY JUNE 10, 2020

WISHING TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE VOTING NO. THOSE MEMBERS WHO WOULD LIKE TO VOTE

YES, PLEASE CONTACT THE MINORITY LEADER'S OFFICE AS QUICKLY AS POSSIBLE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE. THOSE MEMBERS

DESIRING TO VOTE NO SHOULD CONTACT THE MAJORITY LEADER'S OFFICE, THE

FOLKS ARE AWAITING YOUR CALL.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. MY COLLEAGUES

WHO MENTIONED A GREAT DEAL ABOUT THE REQUIREMENT OF IMPOSING A

PREVAILING WAGE ON A PRIVATE COMPANY THAT'S BUYING THE ASSETS OF

INDIAN POINT, I WOULD POINT OUT THE BILL GOES WELL BEYOND JUST THE

MINIMUM WAGE. IT REQUIRES THAT THE -- THE NEW COMPANY WHO'S COMING

IN MAINTAIN THE CURRENT WORKFORCE, THEY HAVE TO HIRE FROM THE POOL OF

EXISTING EMPLOYEES. THEY HAVE TO ENTER INTO A LABOR PEACE AGREEMENT.

IN OTHER WORDS, WHAT THIS LEGISLATION SAYS IS THAT YOU MAY BE COMING IN

FROM ANOTHER STATE TO BUY AN ASSET IN NEW YORK STATE AND HOPEFULLY

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NYS ASSEMBLY JUNE 10, 2020

CONTINUE OPERATIONS HERE, AND WE'RE GOING TO TELL YOU WHO YOU CAN

HIRE, WHAT CONTRACT YOU HAVE TO HAVE, AND HOW MUCH YOU'RE GOING TO

PAY THEM. AND THAT'S AN INAPPROPRIATE ROLE FOR A GOVERNMENT TO DO

WHEN WE'RE DEALING WITH A NEW COMPANY, TO TELL THEM WHO THEY MUST

HIRE, HOW MUCH THEY HAVE TO PAY THEM, AND WHAT KIND OF CONTRACTS

THEY HAVE TO SIGN. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. BUCHWALD.

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

SPOKE EARLIER IN APPRECIATION OF THE SPONSOR OF THIS BILL WHO REPRESENTS

INDIAN POINT AND ALL THOSE COMMENTS APPLY AS WELL TO THIS BILL. I JUST

WANTED TO MAKE ONE ADDITIONAL OBSERVATION, WHICH IS THAT I WAS -- I'VE

BEEN STRUCK BY THE ARGUMENTS TODAY WHEN JUXTAPOSED THEM AGAINST THE

ARGUMENTS THAT I'VE HEARD FROM OCCASIONALLY SOME MORE CONSERVATIVE

CONSTITUENTS, BUT OTHERS AROUND THE STATE WHO ASSERT ON THE ONE HAND

HOW DARE NEW YORK STATE OR, IN PARTICULAR, OUR CHIEF EXECUTIVE BE

INVOLVED IN QUOTE, UNQUOTE "SHUTTING DOWN INDIAN POINT", BUT THEN

TODAY WE HEAR, WELL, THE STATE HAD NOTHING TO DO WITH THIS SO,

THEREFORE, THERE'S -- THERE'S NO REASON TO PROVIDE PREVAILING WAGE. MY

VIEW IS, YOU KNOW, I'D RECONCILE THE TWO POINTS. IF YOU BELIEVE THAT

NEW YORK STATE CREATED THE MARKETPLACE FOR THERE TO BE A COMPANY TO

COME IN AND DECOMMISSION THE INDIAN POINT PLANT, THEN YOU ALSO HAVE

TO BELIEVE THAT NEW YORK STATE HAS EFFECTIVELY PLAYED A ROLE IN

ESSENTIALLY CREATING THIS OPPORTUNITY FOR WHICHEVER COMPANY, WHETHER

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NYS ASSEMBLY JUNE 10, 2020

IT'S HOLTEC OR ANY OTHER THAT ENDS UP HANDLING THE DECOMMISSIONING,

AND SO, THEREFORE, IT IS APPROPRIATE FOR NEW YORK TO PLAY A ROLE IN

ESTABLISHING THE BASIC GROUNDWORK AND GROUND RULES FOR THIS PROCESS.

AND I THINK DOING THAT ON BEHALF OF THE HARD-WORKING MEN AND WOMEN

AT INDIAN POINT IS AN APPROPRIATE PLACE FOR NEW YORK STATE TO SAY, YOU

HAVE TO DO RIGHT BY THEM.

AND SO, I APPRECIATE, AGAIN, THE SPONSOR OF THIS BILL

WHO REPRESENTS INDIAN POINT AND WHO I THINK UNDERSTANDS THE VALUE OF

THIS LEGISLATION, AS I DO. THAT'S WHY I PROUDLY VOTE IN THE AFFIRMATIVE.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BUCHWALD IN THE

AFFIRMATIVE.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. MY COLLEAGUE JUST MADE ONE EXCELLENT POINT

ABOUT NEW YORK STATE HAVING CREATED THE MARKET FOR THIS PARTICULAR

OPPORTUNITY. BUT I WOULD ALSO SAY THAT FOR AS LONG AS I'VE BEEN IN

OFFICE, I HAVE SEEN COMPANIES, PRIVATE COMPANIES, COME TO THE STATE,

ASK FOR A VARIETY OF SUPPORTS. MANY TIMES WE PROVIDE THAT AND, YET,

NOW WE HAVE NO RIGHT TO TELL THEM WHAT TO DO IN ANY WAY, SHAPE OR

FORM, ASIDE FROM A MINIMUM WAGE, WHICH SOME OF MY COLLEAGUES

OPPOSE. THERE IS ALSO THE REALITY THAT WHEN BUSINESSES PROVIDE A JOB

OPPORTUNITY, BUT AT A VERY LOW RATE OF PAY, THEY DO SO WITH THE

EXPECTATION THAT THE NEW YORK STATE TAXPAYERS WILL PROVIDE ADDITIONAL

SUPPORTS, WHETHER IT IS HEALTH CARE THROUGH MEDICAID OR SNAP

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NYS ASSEMBLY JUNE 10, 2020

BENEFITS. THOSE ARE THINGS THAT THE STATE IS IN A POSITION, OR IS PUT IN A

POSITION TO DO IN PART BECAUSE PRIVATE INDUSTRY IS NOT DOING ITS PART TO

ADEQUATELY PROVIDE SUPPORT FOR THE WORKERS.

SO, I APPLAUD THIS PARTICULAR MEASURE AND WITHDRAW

MY REQUEST AND HAPPILY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: ACTUALLY, I DO HAVE SOME EXCEPTIONS.

THANK YOU, MR. SPEAKER. ASSEMBLYMEN BARCLAY AND SCHMITT WISH TO

BE IN THE AFFIRMATIVE ON THIS BILL.

ACTING SPEAKER AUBRY: SO NOTED.

MS. WALSH: THANK YOU.

ACTING SPEAKER AUBRY: MR. REILLY TO EXPLAIN

HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER. I JUST WANT

TO EXPLAIN MY VOTE. I AM GOING BE VOTING IN THE AFFIRMATIVE ON THIS

BILL. IT KIND OF REMINDS ME OF SOMETHING THAT WE DID LAST YEAR WITH THE

LEGISLATIVE -- WHAT THIS LEGISLATIVE BODY HAS DONE IN THE PAST BEFORE I

JOINED IT. IT WAS THE EPP BILL FOR YELLOW SCHOOL BUS DRIVERS AND,

UNFORTUNATELY, THE GOVERNOR VETOED THAT. SO, I'M HOPING THAT WE CAN

CONTINUE THAT PUSH BECAUSE THE EMPLOYEE PROTECTION PROVISION SEEMS

TO BE THE SAME GOAL HERE WITH THIS PREVAILING WAGE BILL FOR THIS SPECIFIC

ENTITY. SO, I JUST WANT TO MAKE SURE THAT WE PUT THAT ON THE RECORD AND

MAKE SURE THAT WE ADVOCATE AND PUSH THAT FORWARD, TOO, AS WELL. SO,

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NYS ASSEMBLY JUNE 10, 2020

THANK YOU AND, ONCE AGAIN, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

AFFIRMATIVE.

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 NOW GOING TO TURN OUR ATTENTION TO THE MAIN CALENDAR

FOR CONSENTING ON LOCAL BILLS. WE'RE GOING TO START AT PAGE 22 WITH

CALENDAR NO. 13, MR. STECK. THEN WE'RE GOING TO PAGE NUMBER 49 AND

TAKE UP CALENDAR NO. 206 BY MR. SALKA AND NO. 207 BY MR. GOODELL.

AND THEN WE'RE GOING TO GO TO PAGE 16 AND TAKE UP RULES REPORT NO.

106 STRAIGHT THROUGH, MR. SPEAKER, UNTIL NO. 127, ALL ON CONSENT.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 22, CALENDAR NO. 13, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00306-A, CALENDAR

NO. 13, STECK. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

AUTHORIZING THE CITY OF SCHENECTADY TO IMPOSE FEES FOR THE ISSUANCE OF

BIRTH AND DEATH CERTIFICATES THROUGH LOCAL LAW.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 13. THIS IS A FAST ROLL CALL. ANY MEMBER

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NYS ASSEMBLY JUNE 10, 2020

WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE FOLLOWING

REPUBLICAN MEMBERS WILL BE VOTING NO ON THIS BILL: MR. FITZPATRICK,

MS. MALLIOTAKIS AND MR. SCHMITT. THANK YOU VERY MUCH, SIR.

ACTING SPEAKER AUBRY: SO NOTED, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, OUR

COLLEAGUES IN THE DEMOCRATIC MAJORITY THAT WILL BE VOTING NO ON THIS

BILL IS MR. BURKE, MS. MCMAHON, MRS. BARRETT, MR. RAMOS, MS.

BUTTENSCHON, MR. SANTABARBARA AND MR. STERN.

ACTING SPEAKER AUBRY: SO NOTED, MA'AM.

MRS. PEOPLES-STOKES: AND MEMBER WALLACE,

AS WELL. MS. WALLACE.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05419-A, CALENDAR

NO. 206, SALKA. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

THE FEE CHARGED FOR THE ISSUANCE OF BIRTH AND DEATH RECORDS IN THE CITY

OF ONEIDA.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 10, 2020

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT [SIC] NO. 206. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE FOLLOWING

REPUBLICANS WILL BE VOTING NO ON THIS BILL: MR. FITZPATRICK, MR.

SCHMITT AND MS. MALLIOTAKIS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. OUR MAJORITY COLLEAGUES VOTING NO ON THIS PIECE OF

LEGISLATION IS [SIC] MR. BURKE, MS. MCMAHON, MRS. BARRETT, MR.

RAMOS, MS. WALLACE AND MR. SANTABARBARA.

ACTING SPEAKER AUBRY: SO NOTED, MA'AM.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05456-A, CALENDAR

NO. 20 -- 207, GOODELL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO THE FEE FOR ISSUANCE OF BIRTH AND DEATH RECORDS IN THE CITY OF

JAMESTOWN.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 10, 2020

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT [SIC] NO. 207. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICANS IN THE AFFIRMATIVE: MS. MALLIOTAKIS -- I

APOLOGIZE. PLEASE RECORD THESE REPUBLICANS IN THE NEGATIVE: MS.

MALLIOTAKIS, MR. SCHMITT AND MR. FITZPATRICK. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: PLEASE RECORD OUR

COLLEAGUES IN THE NEGATIVE: MS. GRIFFIN, MS. WALLACE, MR. BURKE, MS.

MCMAHON, MS. BUTTENSCHON, MR. STERN AND MR. RAMOS.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 106, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09981, RULES REPORT

NO. 106, HAWLEY. AN ACT -- ACT GRANTING RETROACTIVE TIER III

MEMBERSHIP IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT

SYSTEM TO STEVEN R. GRICE.

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NYS ASSEMBLY JUNE 10, 2020

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 106. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A09997, RULES REPORT

NO. 107, ENGLEBRIGHT. AN ACT TO AMEND CHAPTER 3 -- 238 OF THE LAWS

OF 1963 RELATING TO INCORPORATING THE PORT JEFFERSON VOLUNTEER

FIREMEN'S BENEVOLENT ASSOCIATION, IN RELATION TO ITS PURPOSE AND THE

USE OF FOREIGN FIRE INSURANCE PREMIUM TAXES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 107. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 10, 2020

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10002-B, RULES

REPORT NO. 108 HAS ALREADY PASSED.

ASSEMBLY NO. A10055, RULES REPORT NO. 109, JAFFEE.

AN ACT IN RELATION TO AUTHORIZING HAMASPIK OF ROCKLAND COUNTY, INC.

TO FILE WITH THE TOWN OF RAMAPO ASSESSOR AN APPLICATION FOR CERTAIN

REAL PROPERTY TAX EXEMPTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 109. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10056, RULES REPORT

NO. 110, JAFFEE. AN ACT IN RELATION TO AUTHORIZING HAMASPIK OF

ROCKLAND COUNTY, INC. TO FILE WITH THE TOWN OF RAMAPO ASSESSOR AN

APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 10, 2020

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 110. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. 10058, RULES REPORT

NO. 111, JAFFEE. AN ACT IN RELATION TO AUTHORIZING HAMASPIK OF

ROCKLAND COUNTY, INC. TO FILE WITH THE TOWN OF RAMAPO ASSESSOR AN

APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 111. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10059, RULES REPORT

NO. 112, JAFFEE. AN ACT IN RELATION TO AUTHORIZING HAMASPIK OF

ROCKLAND COUNTY, INC. TO FILE WITH THE TOWN OF RAMAPO ASSESSOR AN

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NYS ASSEMBLY JUNE 10, 2020

APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 112. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10061-A, RULES

REPORT NO. 113, BYRNE. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO INCLUDING CASSE LAKE, GILEAD LAKE, AND KIRK LAKE IN THE

TOWN OF CARMEL AS INLAND WATERWAYS FOR THE PURPOSES OF WATERFRONT

REVITALIZATION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 113. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2020

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10073-A, RULES

REPORT NO. 114, BYRNE. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO INCLUDING JOURNEYS END LAKE IN THE TOWN OF YORKTOWN AS

AN INLAND WATERWAY FOR THE PURPOSES OF WATERFRONT REVITALIZATION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 114. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10107, RULES REPORT

NO. 115, GALEF. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

RELATION TO NUCLEAR POWERED ELECTRIC GENERATING FACILITIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 115. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

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NYS ASSEMBLY JUNE 10, 2020

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10121, RULES REPORT

NO. 116, GRIFFIN, SOLAGES, BRAUNSTEIN, O'DONNELL, COOK, WILLIAMS,

ORTIZ, D'URSO, HYNDMAN, RA, KIM, LENTOL, AUBRY, DENDEKKER. AN

ACT TO DIRECT THE DEPARTMENT OF HEALTH AND OTHER STATE DEPARTMENTS AND

AGENCIES TO CONDUCT A STUDY ON THE QUALITY OF LIFE AND HUMAN HEALTH

IMPACTS OF JOHN F. KENNEDY INTERNATIONAL AIRPORT AND LAGUARDIA

AIRPORT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE. THIS IS A FAST ROLL CALL. ANY MEMBER WISHING TO BE RECORDED

IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER

AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. GRIFFIN TO EXPLAIN HER VOTE.

MS. GRIFFIN: OKAY. THANK YOU FOR GIVING ME THE

OPPORTUNITY TO EXPLAIN MY VOTE, MR. SPEAKER. FOR FAR TOO LONG, OUR

MUTUAL CONSTITUENTS FROM SEVERAL ASSEMBLY AND SENATE DISTRICTS,

INCLUDING MINE, HAVE CONTINUED TO EXPERIENCE A DETRIMENTAL IMPACT

AND A DIMINISHED QUALITY OF LIFE FROM THE EXCESSIVE DAILY NOISE OF AIR

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TRAFFIC ABOVE THEIR HOMES. THE EXCESSIVE NOISE HAS CONTINUED

UNABATED FOR DECADES. WHILE AIR TRAFFIC IS PRIMARILY A FEDERAL

JURISDICTION, A STATE STUDY WILL SCIENTIFICALLY VALIDATE WHAT RESIDENTS

ALREADY KNOW: THE NOISE IS EXCESSIVE, HARMFUL TO HUMANS AND NEEDS

TO BE BETTER REGULATED AND MITIGATED.

ALTHOUGH WE WILL ALWAYS ENDURE A LEVEL OF AIRPLANE

NOISE, THIS STUDY WILL ILLUSTRATE THAT MANY RESIDENTS ARE FACED WITH

EXCESSIVE NOISE WAY ABOVE THE ACCEPTABLE LEVEL. ALTHOUGH THIS PASSED

LAST YEAR IN BOTH HOUSES, IT WAS NOT SIGNED BY THE GOVERNOR. THIS BILL

WAS EDITED IN HOPES THAT GOVERNOR CUOMO WILL SIGN AGAIN THIS YEAR --

WE WANT HIM TO SIGN IT THIS YEAR SINCE HE DIDN'T LAST YEAR.

I THANK MY COLLEAGUES FOR PASSING IT AGAIN THIS YEAR,

AND I LOOK FORWARD TO IT PASSING IN THE SENATE IN HOPES THAT THE

GOVERNOR WILL SIGN IT THIS YEAR -- WILL SIGN IT INTO LAW. THANK YOU VERY

MUCH.

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE.

MS. HYNDMAN TO EXPLAIN HER VOTE.

MS. HYNDMAN: THANK YOU FOR ALLOWING ME TO

EXPLAIN MY VOTE. I SUPPORT THE SPONSOR OF THIS BILL. AS WE KNOW, JFK

AIRPORT TRANSPORTS HUNDREDS OF THOUSANDS OF PEOPLE DAY AFTER DAY

THROUGHOUT QUEENS, AND SO THIS BILL WILL HOPEFULLY STUDY THE IMPACT

THAT HAPPENS TO THE RESIDENTS NOT ONLY IN THE -- IN THE SPONSOR'S DISTRICT,

BUT ALSO IN THE 29TH ASSEMBLY DISTRICT. WE ARE -- MY DISTRICT IS RIGHT

ON THE BORDER OF THAT AND EVEN THOUGH DURING COVID THE -- THE

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AIRLINES HAD LESS FLIGHTS, THE COMMUNITY WAS APPRECIATIVE. BUT NOW AS

WE BEGIN TO OPEN UP THE AIRPORTS, WE KNOW THERE'LL BE A LOT MORE

PLANES OVERHEAD, AND THIS IS VERY IMPORTANT TO MAKE SURE WE STUDY THE

HEALTH EFFECTS ON THE CHILDREN AND ALL OF THE POPULATION THAT EXISTS IN

THE SOUTHERN PART OF QUEENS NEAR JFK AIRPORT. I THANK THE SPONSOR FOR

THIS BILL AND I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE

AFFIRMATIVE.

MR. GOODELL.

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

FOLLOWING REPUBLICANS WILL BE VOTING NO ON THIS: MS. MALLIOTAKIS, MR.

FITZPATRICK AND MR. WALCZYK. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED, SIR.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10125, RULES REPORT

NO. 117, LALOR. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "WAPPINGER

VETERANS MEMORIAL HIGHWAY".

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

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NYS ASSEMBLY JUNE 10, 2020

THE VOTE ON RULES REPORT NO. 117. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 10166, RULES REPORT

NO. 118, SALKA. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING THE COUNTY OF OTSEGO TO IMPOSE AN ADDITIONAL MORTGAGE

RECORDING TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10176, RULES REPORT

NO. 119, BARRETT. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

ADDING THE SAW KILL AND FALL KILL CREEKS TO THE DEFINITION OF INLAND

WATERWAYS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 119. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

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NYS ASSEMBLY JUNE 10, 2020

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10206, RULES REPORT

NO. 120, STERN. AN ACT IN RELATION TO AUTHORIZING THE ASSESSOR OF THE

TOWN OF HUNTINGTON, COUNTY OF SUFFOLK, TO ACCEPT FROM CHABAD

LUBAVITCH CHAI CENTER, INC., AN APPLICATION FOR EXEMPTION FROM REAL

PROPERTY TAXES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 120. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10201-A [SIC]

(A10209-A), RULES REPORT NO. 121, KOLB. AN ACT TO AMEND CHAPTER

672 OF THE LAWS OF 1993, AMENDING THE PUBLIC AUTHORITIES LAW

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NYS ASSEMBLY JUNE 10, 2020

RELATING TO THE CONSTRUCTION AND FINANCING OF FACILITIES FOR CERTAIN

PUBLIC LIBRARIES, IN RELATION TO INCLUDING THE VICTOR FARMINGTON

LIBRARY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 121. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10313, RULES REPORT

NO. 122, GALEF. AN ACT TO AMEND CHAPTER 598 OF THE LAWS OF 1938

RELATING TO INCORPORATING THE VOLUNTEER AND EXEMPT FIREMEN'S

BENEVOLENT ASSOCIATION OF BRIARCLIFF MANOR, NEW YORK, AND PROVIDING

FOR ITS POWERS AND DUTIES, IN RELATION TO CHANGING THE FORM OF THE

BENEVOLENT FROM A CORPORATION TO AN UNINCORPORATED ASSOCIATION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 122. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

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NYS ASSEMBLY JUNE 10, 2020

(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. A10383, RULES REPORT

NO. 123, MIKULIN. AN ACT TO AMEND THE NASSAU COUNTY CIVIL

DIVISIONS ACT, IN RELATION TO THE VOLUNTEER AND EXEMPT FIREMAN'S

BENEVOLENT ASSOCIATION OF NASSAU COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 123. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10398, RULES REPORT

NO. 124 HAS PREVIOUSLY BEEN PASSED.

ASSEMBLY NO. A10416, RULES REPORT NO. 125,

COMMITTEE ON RULES (PALMESANO). AN ACT TO AMEND THE TAX LAW, IN

RELATION TO INCREASING THE SALES AND COMPENSATING USE TAXES FOR THE

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NYS ASSEMBLY JUNE 10, 2020

COUNTY OF STEUBEN.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 125. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR.

NOTWITHSTANDING THE TITLE OF THIS BILL, THIS BILL SIMPLY REALLOCATES SALES

TAXES WITHIN THE COUNTY OF STEUBEN. SO THERE'S NO INCREASE IN TAX

BURDEN, IT'S JUST A REALLOCATION OF THE SALES TAX AND THAT MAY BE RELEVANT

FOR THOSE WHO ARE LOOKING AT VOTING ON THIS BILL. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WE HAVE SEVERAL OF OUR COLLEAGUES WHO WOULD LIKE BE --

HAVE THEIR VOTES RECORDED AS A NO ON THIS ONE: MR. SANTABARBARA, MR.

BURKE, MRS. BARRETT, MR. STIRPE, MS. MCMAHON, MR. MIKE MILLER, MS.

WALLACE, MR. STERN, MR. RAMOS, MR. BARNWELL, MR. DINOWITZ AND MS.

GRIFFIN.

ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL.

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NYS ASSEMBLY JUNE 10, 2020

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICAN MEMBERS IN THE NEGATIVE: MR. DESTEFANO, MR.

GARBARINO, MR. MONTESANO, MR. MIKULIN, MR. SCHMITT AND MR. SMITH.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10453, RULES REPORT

NO. 126, COMMITTEE ON RULES (B. MILLER). AN ACT TO AUTHORIZE

THOMAS J. CARINCI, JR. TO TAKE THE COMPETITIVE CIVIL SERVICE

EXAMINATION AND BE PLACED ON THE ELIGIBLE CIVIL SERVICE LIST FOR

EMPLOYMENT AS A FULL-TIME POLICE OFFICER FOR THE CITY OF LITTLE FALLS.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 126. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10538, RULES REPORT

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NYS ASSEMBLY JUNE 10, 2020

NO. 127, COMMITTEE ON RULES (SCHIMMINGER). AN ACT TO AMEND THE

GENERAL CITY LAW, IN RELATION TO A RESIDENCY EXEMPTION FOR PLUMBING

INSPECTORS IN THE CITY OF TONAWANDA.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 127. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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: THANK YOU, MR.

SPEAKER. WE CAN COMPLETE OUR WORK FOR THE DAY IF WE GO TO THE

A-CALENDAR AND GO TO RULES REPORT NO. 128, AND WE'RE GOING TO

STRAIGHT THROUGH TO NO. 150. THAT'S NO. 128 TO NO. 150, MR. SPEAKER,

IN THAT ORDER.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03088-A, RULES

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NYS ASSEMBLY JUNE 10, 2020

REPORT NO. 128, ENGLEBRIGHT. AN ACT TO AMEND THE HIGHWAY LAW, IN

RELATION TO THE LIMITATION ON CERTAIN HIGHWAY EXPENSES IN THE TOWN OF

BROOKHAVEN, SUFFOLK COUNTY.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 128. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A08607, RULES REPORT

NO. 129, PAULIN, OTIS. AN ACT AUTHORIZING BETH EL SYNAGOGUE CENTER

TO FILE AN APPLICATION FOR RETROACTIVE REAL PROPERTY TAX EXEMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 129. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

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NYS ASSEMBLY JUNE 10, 2020

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WE DO HAVE ONE EXCEPTION WHERE MEMBER GALEF WOULD LIKE

TO BE RECORDED IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED, MRS.

PEOPLES-STOKES.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09606-A, RULES

REPORT NO. 130, DARLING. AN ACT IN RELATION TO PERMITTING UNIONDALE

LAND TRUST TO FILE AN APPLICATION FOR CERTAIN REAL PROPERTY TAX

EXEMPTIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 130. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2020

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09675, RULES REPORT

NO. 131, KOLB. AN ACT PROVIDING FOR THE TRANSFER OF ONANDA PARK FROM

THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE TOWN OF

CANANDAIGUA.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR RECORDING OUR COLLEAGUES BARRON, BARNWELL, DINOWITZ,

CAHILL AND WALKER IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09733-B, RULES

REPORT NO. 132, STEC. AN ACT TO AMEND AN ITEM OF -- TO AMEND ITEM A

OF SUBPART B OF PART XXX OF CHAPTER 58 OF THE LAWS OF 2020,

AUTHORIZING CERTAIN HEALTH CARE PROFESSIONALS LICENSED TO PRACTICE IN

OTHER JURISDICTIONS TO PRACTICE IN THIS STATE IN CONNECTION WITH AN EVEN

SANCTIONED BY THE WORLD TRIATHLON CORPORATION, IN RELATION TO THE

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NYS ASSEMBLY JUNE 10, 2020

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STEC, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 131. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10012, RULES REPORT

NO. 133, BYRNE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO AUTHORIZING THE LEASE OF SPACE ON CERTAIN SPORTS FIELD FENCES

IN THE TOWN OF YORKTOWN, IN THE COUNTY OF WESTCHESTER.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 133. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 10, 2020

ACTING SPEAKER JONES: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD RECORD OUR COLLEAGUES AS A NO VOTE ON THE BILL BEFORE US: MR.

DINOWITZ AND MS. WALKER.

MR. DINOWITZ AND MS. WALKER.

ACTING SPEAKER JONES: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10016, RULES REPORT

NO. 134, SALKA. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

INCREASING HOTEL AND MOTEL TAXES IN OTSEGO COUNTY.

ACTING SPEAKER JONES: HOME RULE MESSAGE IS

AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 134. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

AND MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, SIR. THIS

BILL BY MR. SALKA DOES INCREASE THE HOTEL AND MOTEL TAXES, AND OTSEGO

COUNTY IS A BEAUTIFUL COUNTY TO VISIT AND EVEN IF THIS GOES THROUGH, IT

WILL BE WORTH YOUR VISIT TO PAY A FEW EXTRA DOLLARS ON A MOTEL AND HOTEL

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NYS ASSEMBLY JUNE 10, 2020

TAX. I WILL BE SUPPORTING IT, BUT I DID WANT TO MAKE SURE THAT ALL OF OUR

MEMBERS KNEW WHAT THIS BILL DID. THANK YOU, SIR.

ACTING SPEAKER JONES: THANK YOU, MR.

GOODELL.

MR. GOODELL.

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

FOLLOWING REPUBLICANS WILL BE VOTING NO ON THIS BILL: MR. SCHMITT, MR.

FRIEND, MR. DESTEFANO, MR. MONTESANO, MR. FITZPATRICK, MS.

MALLIOTAKIS, MR. BYRNE AND MR. WALCZYK. ALSO MR. GARBARINO.

THANK YOU, SIR.

ACTING SPEAKER JONES: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR MAJORITY COLLEAGUES IN THE NEGATIVE:

MR. BARRON, MR. BARNWELL, MS. MCMAHON, MR. STERN, MR. DINOWITZ,

MR. RAMOS, MRS. BARRETT, MS. BUTTENSCHON, MR. STIRPE, MS. GRIFFIN,

MR. MIKE MILLER AND MR. SANTABARBARA.

ACTING SPEAKER JONES: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. 10 -- A10040, RULES

REPORT NO. 135, MAGNARELLI, STIRPE, HUNTER. AN ACT TO AMEND THE

JUDICIARY LAW, IN RELATION TO THE NUMBER OF GRAND JURY STENOGRAPHERS

THAT THE DISTRICT ATTORNEY MAY APPOINT IN THE COUNTY OF ONONDAGA.

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NYS ASSEMBLY JUNE 10, 2020

ACTING SPEAKER JONES: ON A MOTION THE

SENATE, THE BILL -- ON A MOTION BY MR. MAGNARELLI, THE SENATE BILL IS

BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 135. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. 10057, RULES REPORT

NO. 136, JAFFEE. AN ACT IN RELATION TO AUTHORIZING HAMASPIK OF

ROCKLAND COUNTY, INC. TO FILE WITH THE TOWN OF RAMAPO ASSESSOR AN

APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.

ACTING SPEAKER JONES: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 1 -- 136. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2020

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10077, RULES REPORT

NO. 137, MCDONOUGH. AN ACT AUTHORIZING COMMUNITY MAINSTREAMING

ASSOCIATES, INC. TO RECEIVE RETROACTIVE REAL PROPERTY TAX EXEMPT STATUS.

ACTING SPEAKER JONES: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 137. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10221, RULES REPORT

NO. 138, STERN. AN ACT IN RELATION TO AUTHORIZING THE ASSESSOR OF THE

TOWN OF HUNTINGTON, COUNTY OF SUFFOLK, TO ACCEPT FROM THE JOSHUA

BAPTIST CHURCH, AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES.

ACTING SPEAKER JONES: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 138. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

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NYS ASSEMBLY JUNE 10, 2020

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10335-A, RULES

REPORT NO. 139, GRIFFIN. AN ACT TO AUTHORIZE THE ASSESSOR OF THE

COUNTY OF NASSAU TO ACCEPT A RETROACTIVE APPLICATION FOR EXEMPTION

FROM REAL PROPERTY TAXES FROM COMMUNITY MAINSTREAMING ASSOCIATES,

INC.

ACTING SPEAKER JONES: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 139. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10338, RULES REPORT

NO. 140 HAS PREVIOUSLY PASSED.

ASSEMBLY NO. A10371-A, RULES REPORT NO. 141,

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NYS ASSEMBLY JUNE 10, 2020

PALMESANO. AN ACT AUTHORIZING THE ALIENATION OF CERTAIN REFORESTED

LANDS IN THE COUNTY OF YATES.

ACTING SPEAKER JONES: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 141. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE RECORD OUR MAJORITY COLLEAGUES IN THE NEGATIVE ON THIS

ONE: MR. BARRON, MR. CAHILL, MS. GLICK, MS. ROZIC, MS. WEINSTEIN,

MS. WALKER AND MR. DINOWITZ.

ACTING SPEAKER JONES: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10377-A, RULES

REPORT NO. 142, GARBARINO. AN ACT TO AUTHORIZE THE VILLAGE OF

PATCHOGUE -- PATCHOGUE, TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK, TO

ALIENATE AND DISCONTINUE THE USE OF CERTAIN PARKLANDS.

ACTING SPEAKER JONES: ON A MOTION BY MR.

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NYS ASSEMBLY JUNE 10, 2020

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 142. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. BYRNE TO EXPLAIN HIS VOTE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I'M HONORED

TO SPEAK AND EXPLAIN MY VOTE IN FAVOR OF THIS BILL, WHICH SEEMS TO BE A

GREAT BENEFIT FOR THE PEOPLE OF BROOKHAVEN AND PATCHOGUE - I WANT TO

MAKE SURE I SAY THAT RIGHT; I HOPE THAT -- HOPE THAT WAS RIGHT, MR.

GARBARINO. AND IT SOUNDS LIKE THIS WILL BE A GREAT BILL THAT WILL

HOPEFULLY BRING YOU SOME REVENUE TO PARKLAND OR RECREATIONAL

FACILITIES.

BUT MORE IMPORTANTLY, MY FRIEND AND COLLEAGUE, MR.

GARBARINO, I WISH I COULD BE IN ALBANY WITH YOU TODAY, I THINK YOU'RE

UP THERE. YOU'VE BEEN A GREAT FRIEND SINCE I GOT ELECTED IN 2016, A

MENTOR IN MANY WAYS; MANY FOND MEMORIES. AND THIS WILL LIKELY BE

YOUR LAST BILL, SO I JUST WANTED TO GIVE MY UTMOST SUPPORT. I WILL BE

VOTING IN FAVOR OF IT, AND I JUST THANK YOU FOR YOUR FRIENDSHIP AND,

HOPEFULLY, IF YOU'RE IN WASHINGTON, D.C., YOU CAN BRING SOME MORE

CLOUT TO HELP THE GREAT PEOPLE OF NEW YORK STATE. SO, AGAIN, THANK

YOU. (UNINTELLIGIBLE) WILL NOT BE THE SAME WITHOUT YOU, WHENEVER THAT

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NYS ASSEMBLY JUNE 10, 2020

KICKS BACK UP. AND, MR. SPEAKER, IT IS MY HONOR AND PRIVILEGE TO VOTE

IN THE AFFIRMATIVE ON THIS BILL. THANK YOU.

ACTING SPEAKER JONES: MR. BYRNE IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD RECORD OUR MAJORITY COLLEAGUES IN THE NEGATIVE: MR. BARRON, MR.

CAHILL, MS. GLICK, MR. BARNWELL, MS. ROZIC, MS. WEINSTEIN, MS.

WALKER, MR. DINOWITZ AND MR. MIKE MILLER.

ACTING SPEAKER JONES: THANK YOU.

MR. GOODELL.

MR. GOODELL: PLEASE RECORD MR. MONTESANO IN

THE NEGATIVE ON THIS BILL. THANK YOU, SIR.

ACTING SPEAKER JONES: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10388-A, RULES

REPORT NO. 143, BYRNE. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF

SOUTHEAST, COUNTY OF PUTNAM, TO ALIENATE CERTAIN LANDS USED AS

PARKLAND AND TO DEDICATE CERTAIN OTHER LANDS AS PARKLANDS.

ACTING SPEAKER JONES: HOME RULE MESSAGE IS

AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

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NYS ASSEMBLY JUNE 10, 2020

THE VOTE ON RULES REPORT NO. 143. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. BYRNE TO EXPLAIN HIS VOTE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I KNOW IT'S

BUSY, SO I'M GOING TO BE BRIEF. I KNOW MANY OF THESE PARKLAND

ALIENATION BILLS, MANY OF OUR COLLEAGUES ARE PARTICULAR ABOUT THEM. I

JUST WANT TO POINT OUT THAT THIS PARTICULAR ALIENATION BILL HAS SUPPORT

FROM THE PEOPLE OF PUTNAM COUNTY, THE COUNTY LEGISLATURE, THE PEOPLE

OF THE TOWN OF SOUTHEAST. AND WHILE IT DOES PROVIDE AN OPPORTUNITY

FOR SOME PREVIOUS PARKLAND TO BE USED TO DEVELOP A RECREATIONAL AND

SPORTS FACILITY, WHAT IT ACTUALLY DOES IS ALLOW FOR A NET INCREASE IN

PARKLAND WITHIN THE TOWN OF SOUTHEAST AND PUTNAM COUNTY. SO,

THERE'S ACTUALLY GOING TO BE A NET INCREASE OF TEN ACRES OF PRESERVE

SPACE FOR THE PEOPLE OF PUTNAM COUNTY. THAT WILL ALSO INCLUDE

WETLANDS, WHICH IS IMPORTANT FOR OUR ENVIRONMENT AND OUR WATER

QUALITY. SO, I -- I AM PROUD TO VOTE IN FAVOR OF THIS BILL. I JUST WANTED

TO MAKE SURE I MADE THAT IMPORTANT POINT THAT THIS BILL DOES PROVIDE A

NET INCREASE IN PRESERVE SPACE IN PUTNAM COUNTY. SO, I WILL BE VOTING

IN FAVOR AND I URGE MY COLLEAGUES TO VOTE YES. THANK YOU.

ACTING SPEAKER JONES: MR. BYRNE IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: NOTWITHSTANDING THAT EXCELLENT

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NYS ASSEMBLY JUNE 10, 2020

EXPLANATION, ASSEMBLYMAN, MR. MONTESANO IS IN THE NEGATIVE. THANK

YOU, SIR.

ACTING SPEAKER JONES: MR. MONTESANO IN THE

NEGATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WOULD YOU PLEASE RECORD OUR MAJORITY COLLEAGUES IN THE

NEGATIVE: MR. BARRON, MR. CAHILL, MR. BARNWELL, MS. GLICK, MS.

ROZIC, MS. WEINSTEIN, MS. WALKER, MR. DINOWITZ, MR. MIKE MILLER

AND MS. SIMON.

ACTING SPEAKER JONES: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10514, RULES REPORT

NO. 144, COMMITTEE ON RULES (WALCZYK). AN ACT TO AMEND THE

UNIFORM CITY COURT ACT AND THE JUDICIARY LAW, IN RELATION TO

WATERTOWN CITY COURT JUDGES.

ACTING SPEAKER JONES: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 144. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 10, 2020

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD

REPUBLICAN MEMBERS MR. MORINELLO AND MR. NORRIS IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER JONES: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10584, RULES REPORT

NO. 145, COMMITTEE ON RULES (RA). AN ACT IN RELATION TO AUTHORIZING

THE ASSESSOR OF -- ASSESSOR OF THE COUNTY OF NASSAU TO ACCEPT FROM

LUBAVITCH OF OLD WESTBURY, AN APPLICATION FOR EXEMPTION FROM REAL

PROPERTY TAXES.

ACTING SPEAKER JONES: ON A MOTION BY THE --

ON A MOTION BY MR. RA, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JONES: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 145. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

156

NYS ASSEMBLY JUNE 10, 2020

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10585, RULES REPORT

NO. 146, COMMITTEE ON RULES (RA). AN ACT IN RELATION TO AUTHORIZING

THE ASSESSOR OF THE COUNTY OF NASSAU, TO ACCEPT FROM THE EGLISE

BAPTISTE ETOLIE DU MATIN AN APPLICATION FOR EXEMPTION FROM REAL

PROPERTY TAXES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

RA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 146. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10586, RULES REPORT

NO. 147, COMMITTEE ON RULES (MIKULIN). AN ACT IN RELATION TO

AUTHORIZING THE NASSAU COUNTY ASSESSOR TO ACCEPT AN APPLICATION FROM

NGIP, INC. FOR A REAL PROPERTY EXEMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 10, 2020

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 147. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10587, RULES REPORT

NO. 148, COMMITTEE ON RULES (RA). AN ACT IN RELATION TO AUTHORIZING

THE ASSESSOR OF THE COUNTY OF NASSAU, TO ACCEPT FROM THE ACADEMY

CHARTER SCHOOL AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 148. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10592, RULES REPORT

NO. 149, COMMITTEE ON RULES (RA). AN ACT TO AUTHORIZE THE ASSESSOR

158

NYS ASSEMBLY JUNE 10, 2020

OF THE COUNTY OF NASSAU TO ACCEPT A RETROACTIVE APPLICATION FOR

EXEMPTION FROM REAL PROPERTY TAXES FROM THE WEST

HEMPSTEAD-HEMPSTEAD GARDEN WATER DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

RA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 149. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10594, RULES REPORT

NO. 150, COMMITTEE ON RULES (GUNTHER). AN ACT TO LEGALIZE, VALIDATE,

RATIFY AND CONFIRM THE ACTIONS OF THE MONTICELLO CENTRAL SCHOOL

DISTRICT NOTWITHSTANDING THE FAILURE TO TIMELY FILE FINAL BUILDING COST

REPORTS WITH THE EDUCATION DEPARTMENT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RULES REPORT NO. 150. THIS IS A FAST ROLL CALL. ANY

MEMBER WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT

159

NYS ASSEMBLY JUNE 10, 2020

THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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, DO YOU

HAVE ANY HOUSEKEEPING OR RESOLUTIONS TO TAKE UP?

ACTING SPEAKER AUBRY: WE HAVE BOTH.

ON A MOTION BY MS. WEINSTEIN, PAGE 55, CALENDAR

NO. 216, BILL NO. A05630, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE HAVE MORE THAN A FEW FINE RESOLUTIONS, WHICH WE

WILL TAKE UP WITH ONE VOTE. ON THE REVOLUTION -- RESOLUTIONS, ALL THOSE

IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE

ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 857-882,

945-948 AND 951 WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER --

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: -- I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, JUNE THE 11TH, TOMORROW

BEING A LEGISLATIVE DAY, AND THAT WE WILL RECONVENE AT THE CALL OF THE

SPEAKER.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

160

NYS ASSEMBLY JUNE 10, 2020

ADJOURNED.

(WHEREUPON, AT 4:59 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, JUNE 11TH, THURSDAY BEING A LEGISLATIVE DAY,

AND TO RECONVENE AT THE CALL OF THE SPEAKER.)

161