WEDNESDAY, JUNE 12, 2019 10:51 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND ELIA WILL OFFER A PRAYER.
REVEREND DONNA ELIA: LET US PRAY.
COMPASSIONATE AND HOLY GOD, BEFORE YOU GENERATIONS RISE AND FALL.
WE ARE GRATEFUL FOR THIS MOMENT WHEN THE WORK OF SERVING WITH
INTEGRITY, WISDOM AND COMPASSION IS OURS TO DO. THANK YOU ESPECIALLY
FOR THE COLLECTIVE EFFORTS OF THIS BODY, LEGISLATORS AND STAFF. AS THIS
LEGISLATIVE SESSION NEARS ITS CLOSE, GIVE THEM THE RESOURCES AND
STAMINA THEY NEED, AND THANK YOU FOR THEIR SERVICE. ON THIS DAY, WE
REMEMBER THOSE WHO HAVE GONE TO THEIR REST. THANK YOU FOR THE
RELATIONSHIPS, THE COLLEGIALITY AND THE GOOD WORK THEY DID. MAY THEIR
MEMORY BE A BLESSING. AND SO TEACH US TO COUNT OUR DAYS, THAT WE MAY
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NYS ASSEMBLY JUNE 12, 2019
GAIN A WISE HEART. GOD, HEALER OF US ALL, TO ANY WHO NEED HEALING THIS
DAY, WE PRAY THAT YOU WILL GRANT IT. FOR ANY WHO NEED COMFORT OR EASE,
WE ASK IT. AND FOR THOSE WHO PUT THEIR LIVES ON THE LINE FOR THE SAKE OF
OTHERS, WE ASK FOR SAFETY, FOR PEACE IN OUR COMMUNITIES AND OUR WORLD,
AND HEALTHY AND VIBRANT LIVES FOR CHILDREN EVERYWHERE.
WE PRAY AND WE HOPE IN YOUR HOLY NAME. AMEN,
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, JUNE 11TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT WE DISPENSE WITH THE READ -- FURTHER READING OF THE JOURNAL OF
TUESDAY, JUNE THE 11TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. FOR OUR COLLEAGUES IN -- IN THE CHAMBERS [SIC], STAFF AND
VISITORS AND GUESTS, IT IS MY PLEASURE TO OFFER A QUOTE THIS MORNING FROM
U.S. SUPREME COURT JUSTICE SONIA SOTOMAYOR. THE JUDGE SAYS TO US
THIS MORNING, MR. SPEAKER, THAT, IT IS IMPORTANT FOR ALL OF US TO
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NYS ASSEMBLY JUNE 12, 2019
APPRECIATE WHERE WE COME FROM AND HOW OUR HISTORY HAS SHAPED US IN
WAYS THAT WE MAY NOT STILL YET UNDERSTAND. AGAIN, MR. SPEAKER, THIS
QUOTE IS FROM SUPREME COURT JUSTICE SONIA SOTOMAYOR.
MR. SPEAKER, THE MEMBERS HAVE ON THEIR DESK A
CALENDAR. I HAVE TO SAY THAT WE'RE GOING TO BE PRETTY BUSY TODAY. THERE
ARE QUITE A FEW THINGS THAT WE HAVE TO DO BEFORE US. THERE IS A MAIN
CALENDAR. THERE'S ALSO A DEBATE LIST. AND AFTER ANY INTRODUCTIONS
AND/OR HOUSEKEEPING, WE WILL BE TAKING UP A PRIVILEGED RESOLUTION
HONORING THE MEMORIES OF MEMBERS WHO HAVE PASSED THIS CURRENT YEAR
-- PAST YEAR. AFTER THIS IMPORTANT RESOLUTION, WE WILL CONTINUE TO
CONSENT ON THE MAIN CALENDAR, BEGINNING WITH RULES REPORT NO. 91 ON
PAGE 6. WE WILL ALSO WORK OFF THE CALENDAR -- THE -- THE CALENDAR AND
THE DEBATE LIST, INCLUDING TAKING UP RULES REPORT NO. 118 ON PAGE 12
OF THE MAIN CALENDAR BY MR. CRESPO. MEMBERS OF THE FOLLOWING
COMMITTEES SHOULD BE PREPARED TO BE CALLED OFF THE FLOOR FOR A MEETING:
COMMITTEES -- LOCAL GOVERNMENTS, REAL PROPERTY TAXATION, ELECTION
LAW, WAYS AND MEANS AND RULES. MAJORITY MEMBERS SHOULD BE AWARE
THAT THERE WILL PROBABLY -- WE PROBABLY WILL NEED TO CALL ON MR. OTIS AT
THE CLOSE OF SESSION.
THAT'S THE GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE
INTRODUCTIONS AND HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: CERTAINLY. THANK
YOU. WE DO HAVE AT LEAST ONE ITEM OF HOUSEKEEPING.
ON A MOTION BY MR. D'URSO, PAGE 11, RULES REPORT
NO. 110, BILL NO. 3199-B, AMENDMENTS ARE RECEIVED AND ADOPTED.
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NYS ASSEMBLY JUNE 12, 2019
FOR THE PURPOSES OF AN INTRODUCTION, MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS REALLY AN HONOR TO HAVE THE OPPORTUNITY TO -- ACTUALLY
TO GIVE THE CORDIALITIES OF THE FLOOR TO OUR FORMER COLLEAGUE WHO SPENT A
-- A LOT OF YEARS HERE, MADE A LOT OF FRIENDS, INCLUDING MYSELF. DID A LOT
OF GREAT WORK, PARTICULARLY IN THE DISABILITIES COMMUNITY. WE'LL ALWAYS
REMEMBER HIS GREAT SMILE, HIS GREAT OPPORTUNITIES TO PROVIDE ADVICE.
SO ON BEHALF OF OUR COLLEAGUES, MS. MILLER AND MS.
GRIFFIN, AND ALL THE OTHER COLLEAGUES WHO ARE FROM THE COUNTY -- GREAT
COUNTY OF NASSAU, WOULD YOU PLEASE EXTEND THE CORDIALITIES OF OUR
HOUSE AND WELCOME BACK OUR FORMER COLLEAGUE HARVEY WEISENBERG.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES, MS. MILLER, MS. GRIFFIN, THE SPEAKER AND ALL
THE MEMBERS, WELCOME BACK, HARVEY. YOU ARE A FORMER MEMBER, YOU
WILL ALWAYS HAVE THE PRIVILEGES OF THE FLOOR. IT'S ALWAYS SO GREAT TO
HAVE YOU HERE AND TO SEE YOU AND TO SHARE WITH YOU AGAIN THE
WONDERFUL MEMORIES YOU HAVE, AND TO SALUTE THE GREAT WORK YOU DID AS
A LEGISLATOR. THANK YOU SO VERY MUCH. PLEASE ENJOY THE DAY.
(APPLAUSE)
FOR THE PURPOSES OF AN INTRODUCTION, MS. ROZIC.
ACTING SPEAKER ROZIC: THANK YOU, MR.
SPEAKER AND MADAM MAJORITY LEADER. I HAVE -- IN ADVANCE OF TODAY'S
RESOLUTION, I HAVE THE GREAT HONOR TODAY OF INTRODUCING MY DEAR FRIEND,
LAURA KAVANAGH, THE FIRST DEPUTY COMMISSIONER OF FDNY, WHO'S THE
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NYS ASSEMBLY JUNE 12, 2019
SECOND-HIGHEST RANKING CIVILIAN ADMINISTRATOR IN FDNY. LAURA, YOU
CAN STAND UP. LAURA IS RESPONSIBLE FOR MANAGING THE DAY-TO-DAY
OPERATIONS AND ACTIVITIES OF THE FDNY ACROSS ALL OFFICES. SHE WAS FIRST
APPOINTED TO THIS POSITION IN JANUARY 2018. COMMISSIONER KAVANAGH
FIRST JOINED THE DEPARTMENT SENIOR STAFF IN 2014 AS ASSISTANT
COMMISSIONER OF EXTERNAL AFFAIRS, AND IN 2016 SHE WAS PROMOTED TO
DEPUTY COMMISSIONER FOR GOVERNMENT AFFAIRS AND SPECIAL PROJECTS.
COMMISSIONER KAVANAGH OVERSAW THE RECENT FIREFIGHTER RECRUITMENT
CAMPAIGN, WHICH RESULTED IN THE LARGEST AND MOST DIVERSE APPLICANT
POOL IN DEPARTMENT HISTORY. SHE HAS SECURED FUNDING FOR RENOVATIONS
TO FIREHOUSES AND EMS STATIONS ACROSS THE FIVE BOROUGHS.
IT'S MY GREAT HONOR TODAY TO ASK IF YOU CAN EXTEND THE
CORDIALITIES OF THE FLOOR AND WELCOME FIRST DEPUTY COMMISSIONER
LAURA KAVANAGH TO THE PEOPLE'S HOUSE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. ROZIC, COMMISSIONER KAVANAGH, WELCOME TO THE NEW YORK
STATE ASSEMBLY. WE -- THE SPEAKER AND ALL THE MEMBERS, WE WELCOME
YOU HERE, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE
GREAT WORK THAT YOU'RE DOING, HELPING OUR CITY, KEEPING IT SAFE.
CONTINUE THAT GREAT WORK AND KNOW THAT YOU ARE ALWAYS WELCOME HERE.
WE WILL ALWAYS BE LISTENING TO YOU. THANK YOU SO VERY MUCH.
(APPLAUSE)
FOR THE PURPOSES OF AN INTRODUCTION, MR. DENDEKKER.
MR. DENDEKKER: THANK YOU, MR. SPEAKER. IT'S A
GREAT HONOR FOR ME TO INTRODUCE GEORGE FARINACCI, WHO SERVED FOR 33
5
NYS ASSEMBLY JUNE 12, 2019
YEARS IN THE FIRE DEPARTMENT OF THE CITY OF NEW YORK. HE'S FROM
LADDER 28 AND LADDER 148, AND HE'S CURRENTLY THE VICE PRESIDENT OF THE
UNIFORMED FIREFIGHTERS ASSOCIATION. AND ALSO JOINING HIM TODAY IS
JAMES MCCARTHY, 31 YEARS WITH THE FIRE DEPARTMENT OF THE CITY OF
NEW YORK STATE. HE WAS ASSIGNED TO LADDER 25 AND A FORMER MEMBER
OF LADDER 55, AND HE'S THE TREASURER OF THE UNIFORMED FIREFIGHTERS
OFFICERS [SIC] ASSOCIATION.
SO, I WOULD ALSO ASK THAT YOU PLEASE GIVE THEM THE
COURTESIES OF THE HOUSE AND THE PRIVILEGES OF THE FLOOR AS YOU SO
ELOQUENTLY ALWAYS DO, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. DENDEKKER, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. WE THANK YOU AGAIN FOR COMING AND
SHARING THIS DAY WITH US, BUT MOST OF ALL FOR THE TREMENDOUS YEARS OF
SERVICE THAT YOU HAVE PROVIDED THE CITY OF NEW YORK. PLEASE KNOW
THAT WE ARE FOREVER GRATEFUL FOR THAT AND ALWAYS MINDFUL OF THE WORK
THAT YOU DO. THANK YOU SO VERY MUCH, AND CONTINUE TO ENJOY THE DAY.
(APPLAUSE)
MS. PHEFFER AMATO FOR THE PURPOSES OF AN
INTRODUCTION.
MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.
I'M HONORED TODAY TO INTRODUCE LEROY MCGINNIS, WHO IS VICE
PRESIDENT OF THE UNIFORM -- UNIFORMED FIREFIGHTERS ASSOCIATION. HE
ALSO HAS SERVED OVER 33 YEARS IN THE FIRE DEPARTMENT. BUT I'M MOST
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NYS ASSEMBLY JUNE 12, 2019
PROUD OF, HE'S FROM -- HE SERVED IN ENGINE 266, WHICH IS LOCATED IN
ROCKAWAY BEACH. HE WAS A QUEENS TRUSTEE, RECORDING SECRETARY AND
NOW VICE PRESIDENT OF THE UNION. AND MR. SPEAKER, I DON'T KNOW IF
YOU KNOW, BUT THE U.F.A. UNIFORMED FIREFIGHTERS ASSOCIATION, IS A
NON-PROFIT ADVOCACY ORGANIZATION FORMED IN 1917, REPRESENTING THE
HEALTH, SAFETY AND INTERESTS OF NEW YORK CITY'S FIREFIGHTERS AND ITS
CITIZENS THAT THEY ARE SWORN TO PROTECT.
MR. SPEAKER, I WOULD APPRECIATE IF YOU CAN GIVE
LEROY MCGINNIS THE OPPORTUNITY TO BE PART OF OUR PROCEEDINGS TODAY
AND FOR AN INTRODUCTION.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. PHEFFER AMATO, THE SPEAKER AND ALL THE MEMBERS, SIR, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND TO EXTEND THE
PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S HOUSE, AND THE WORK THAT
YOU'VE DONE TO TAKE CARE OF THE PEOPLE OF THE CITY OF NEW YORK, YOU'RE
RIGHT WHERE YOU SHOULD BE. THANK YOU SO VERY MUCH. CONTINUE THAT
GREAT WORK.
(APPLAUSE)
MR. CUSICK FOR THE PURPOSES OF AN INTRODUCTION
MR. CUSICK: THANK YOU, MR. SPEAKER. I RISE FOR
THE PURPOSE OF AN INTRODUCTION. WE ARE JOINED HERE TODAY BY THE
PRESIDENT OF THE UNIFORMED FIREFIGHTERS, MR. GERARD FITZGERALD.
GERARD IS A FRIEND OF MANY OF US IN THIS ROOM. HE IS HERE WITH HIS
COLLEAGUES WHO WERE INTRODUCED BEFORE, TO ADVOCATE ON BEHALF OF THE
BRAVE MEN AND WOMEN OF THE FDNY, TO ADVOCATE FOR THEIR WELL-BEING
7
NYS ASSEMBLY JUNE 12, 2019
AND THEIR HEALTH HERE IN THE LEGISLATURE. SO, MR. SPEAKER, GERARD HAS
BEEN A MEMBER OF THE FDNY FOR 20 YEARS. HE IS IN ENGINE 318 IN
BROOKLYN, AND HE SERVES AS THE PRESIDENT OF THE UNIFORMED FIREFIGHTERS
ASSOCIATION.
SO MR. SPEAKER, IF YOU COULD GIVE GERARD AND THE
MEMBERS OF THE U.F.A. THE PRIVILEGES OF THE HOUSE, I WOULD DULY
APPRECIATE THAT.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. CUSICK, ALSO MR. BENEDETTO, THE SPEAKER AND ALL THE MEMBERS,
WE WELCOME YOU HERE, SIR, TO THE NEW YORK STATE ASSEMBLY, EXTEND TO
YOU AND THE MEMBERS OF THE U.F.A. THE PRIVILEGES OF THE FLOOR. THANK
ALL OF YOU FOR THE WORK THAT YOU DO. CERTAINLY WITH ONLY 20 YEARS,
YOU'RE A ROOKIE ACCORDING TO THESE OTHER GUYS. BUT I HOPE THAT YOU WILL
HAVE A LONG AND PROSPEROUS SERVICE, AS YOU HAVE. AND, OF COURSE, THE
PRESIDENCY HAS ITS OWN WEIGHT AND RESPONSIBILITY. HOPE THAT YOU BEAR
WELL UNDER THAT WEIGHT. THANK YOU SO VERY MUCH FOR BEING HERE.
(APPLAUSE)
FOR THE PURPOSES OF AN INTRODUCTION, MS. PAULIN.
MS. PAULIN: THANK YOU, MR. SPEAKER. I AM VERY
PLEASED TODAY TO WELCOME TO THE ASSEMBLY FLOOR A GROUP OF
DISTINGUISHED MIDDLE SCHOOL STUDENTS FROM THE 88TH ASSEMBLY DISTRICT
AND THEIR FAMILIES. WITH US TODAY ARE TWO STUDENTS FROM PELHAM
MIDDLE SCHOOL; BATES BLAND AND BENNETT WIES. AND ABIGAIL
RITTENBERG FROM ALBERT LEONARD MIDDLE SCHOOL IN NEW ROCHELLE.
THESE THREE STUDENTS WROTE WINNING ESSAYS FOR MY FOURTH ANNUAL
8
NYS ASSEMBLY JUNE 12, 2019
"THERE OUGHT TO BE A LAW" CONTEST. THE CONTEST ASKS MIDDLE SCHOOL
STUDENTS IN MY DISTRICT TO IDENTIFY A PROBLEM IMPACTING NEW YORKERS
THAT COULD BE SOLVED BY CREATING A NEW LAW, AND TO WRITE A PERSUASIVE
ESSAY ARGUING FOR THEIR SOLUTION. WE HAD PARTICIPATION FROM FIVE
MIDDLE SCHOOLS AND 100 STUDENTS. IT WAS A TOUGH COMPETITION, BUT THE
ESSAYS THESE BRIGHT YOUNG ADVOCATES WROTE ON TOPICS INCLUDING MOTOR
VEHICLE SAFETY, REDUCING SINGLE-USE PLASTIC, AND PREVENTING YOUNG
PEOPLE FROM GETTING HOOKED ON SMOKING OR JUULING WERE TRULY THE BEST
OF THE BEST.
I ASK THAT YOU PLEASE JOIN ME IN RECOGNIZING THESE
YOUNG PEOPLE FOR THEIR ACHIEVEMENTS AND EXTEND THEM THE CORDIALITIES
OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. PAULIN, THE SPEAKER AND ALL OF THE MEMBERS, WE WELCOME THESE
EXTRAORDINARY STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND
TO YOU THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON WINNING THAT
CONTEST, BUT ALSO ON PUTTING IN THE WORK THAT CAUSED YOU TO WRITE SUCH
INTERESTING ARTICLES. PLEASE CONTINUE THAT WORK. YOU ARE ALWAYS
WELCOME HERE. WE ALSO WANT TO THANK, I BELIEVE, THE PARENTS THAT HAVE
COME. AND WE WANT TO ACKNOWLEDGE THEM BECAUSE CHILDREN ARE RAISED
BY GOOD PARENTS, THEY PRODUCE GOOD WORK. THANK YOU SO VERY MUCH.
CONGRATULATIONS ON YOUR WORK. THANK YOU.
(APPLAUSE)
MR. ZEBROWSKI FOR THE PURPOSES OF AN INTRODUCTION.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER, FOR
9
NYS ASSEMBLY JUNE 12, 2019
THIS OPPORTUNITY TO INTRODUCE TWO ORGANIZATIONS AND -- AND FOUR
INDIVIDUALS FROM -- IF THEY COULD STAND, IN THE BACK. THESE
ORGANIZATIONS DO AWARENESS AROUND WELLNESS, AROUND CERTAIN
CONDITIONS AND DISEASES AND TRYING TO MAKE NEW YORKERS AND, REALLY
AROUND THE NATION, PEOPLE HEALTHIER. FROM THE GLOBAL HEALTHY LIVING
FOUNDATION, WE HAVE COREY GREENBLATT AND HANNE GENYN, WHO -- THEY
DO GREAT WORK IN TERMS OF A WHOLE BUNCH OF TREATMENTS AND -- AND, YOU
KNOW, REALLY MAKING PEOPLE AROUND OUR DISTRICTS IN NEW YORK
HEALTHIER. AND SPECIFICALLY ALSO FROM THE CHRONIC MIGRAINE AWARENESS
INCORPORATED, WE HAVE CATHERINE CHARRETT-DYKES AND CHRIS
CHARRETT-DYKES.
NOW, THESE TWO INDIVIDUALS, MR. SPEAKER, ARE FROM
ASSEMBLYMEMBER DESTEFANO'S DISTRICT, SO IF YOU COULD OFFER A
WELCOME FROM HIM AS WELL. THEY'RE UP HERE TODAY SPECIFICALLY BECAUSE
IN A LITTLE WHILE WE'LL BE DOING A -- PASSING, HOPEFULLY, A LEGISLATIVE
RESOLUTION RELATED TO MIGRAINE AND HEADACHE AWARENESS MONTH IN THE
STATE OF NEW YORK RELATED TO THAT CONDITION. SO, I WOULD APPRECIATE IT,
MR. SPEAKER, ON BEHALF OF MYSELF AND ASSEMBLYMEMBER DESTEFANO, IF
YOU COULD WELCOME THESE INDIVIDUALS HERE TODAY WHO ARE DOING SO
MUCH AROUND OUR STATE TO PROMOTE A HEALTHY LIFESTYLE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. ZEBROWSKI, MR. DESTEFANO, THE SPEAKER AND ALL THE MEMBERS,
WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU'RE DOING
IN HELPING INDIVIDUALS AND PEOPLE IN OUR STATE STAY HEALTHY. CONTINUE
10
NYS ASSEMBLY JUNE 12, 2019
THAT WORK. VERY IMPORTANT FOR US AS A STATE TO BE MINDFUL OF THE HEALTH
OF OUR COMMUNITIES. PLEASE CONTINUE THAT WORK. THANK YOU SO VERY
MUCH, AND YOU ARE WELCOME HERE AGAIN.
(APPLAUSE)
MR. BRABENEC FOR AN INTRODUCTION.
MR. BRABENEC: TOP OF THE MORNING, MR.
SPEAKER. I HAVE WITH US A VERY DISTINGUISHED GUEST TODAY, MR. JAMES
W. STURR, JR. -- STAND UP, IF YOU WOULD. MR. JIMMY STURR IS THE
WORLD-RENOWNED "POLKA KING," AND HE IS A WORLD-RENOWNED AMERICAN
CLARINETIST, SAXOPHONIST AND BAND LEADER. HE HAS WON 18 OUT OF 25
GRAMMY AWARDS GIVEN OUT FOR THE BEST POLKA ALBUM. WORLD RECORD
HOLDER OF THE TOP 10 GRAMMY AWARDS GIVEN OUT TO ONE INDIVIDUAL.
HE'S PLAYED REMARKABLE VENUES SUCH AS LINCOLN CENTER, CARNEGIE HALL
AND THE PALACE OF CULTURE IN WARSAW, POLAND. SOLD-OUT CROWDS
THROUGHOUT THE WORLD, INCLUDING 20,000-PLUS FANS OF NEW BRAUNFELS,
TEXAS, WHERE I HAVE HAPPENED TO ACCOMPANY HIM ON MANY OCCASIONS.
HE HAS HIS OWN NATIONWIDE TELEVISION SHOW, HAS HIS OWN RECORD LABEL
AND SHOW ON WORLDWIDE SATELLITE RADIO SIRIUSXM. THE ONLY BAND EVER
FEATURED AT THE GRAND OLE OPRY WITH BRASS INSTRUMENTS -- THAT'S THE
JIMMY STURR AND HIS ORCHESTRA. HE HAS RECEIVED FIVE GOLD ALBUMS,
EACH REPRESENTING $5 MILLION IN SALES, HAS BEEN ON ALMOST EVERY SINGLE
TELEVISION NETWORK, HAS BEEN FEATURED ON "WHO WANTS TO BE A
MILLIONAIRE", HAS PLAYED WITH MAJOR NAMES SUCH AS WILLIE NELSON, THE
OAKRIDGE BOYS, ALISON KRAUSS, BRENDA LEE, BOOTS RANDOLPH, MEL
TILLIS, GARY PUCKETT, ARLO GUTHRIE, CHARLIE DANIELS AND COUNTLESS
11
NYS ASSEMBLY JUNE 12, 2019
OTHERS. I AM PROUD TO CALL HIM A FRIEND AND A CONSTITUENT. HE HAILS
FROM MY DISTRICT IN FLORIDA, NEW YORK, AND HE WAS BORN AND RAISED
THERE. HE'S ACCOMPANIED BY GUS AND ROSE ZYGMUNT, TIM BLAKINER,
BARBARA JONES -- OR JAMES, AND JOHN BACON.
SO, ON BEHALF OF THE ORANGE COUNTY DELEGATION, MS.
GUNTHER, MR. MILLER, MR. SCHMITT, MR. JACOBSON AND ALSO MY
COLLEAGUE, MR. KEVIN BYRNE, PLEASE WELCOME THE FAMOUS JIMMY STURR
TO THE MIGHTY CITY OF ALBANY AND THANK YOU FOR BEING -- GIVE HIM ALL
THE CORDIALITIES OF THE HOUSE, PLEASE.
(APPLAUSE)
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BRABENEC AND THE ORANGE COUNTY DELEGATION, SIR, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY AND EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. CERTAINLY CONGRATULATE YOU ON A MARVELOUSLY
SUCCESSFUL CAREER. CONTINUE THAT GREAT WORK. CONTINUE MAKING THE
MUSIC THAT PEOPLE LOVE TO DANCE TO. AND MY COLLEAGUE SAYS WE SHOULD
SAY, "ROLL OUT THE BARREL." WE'LL BE HAPPY TO HAVE YOU. THANK YOU SO
VERY MUCH.
(APPLAUSE)
MR. DIPIETRO.
MR. DIPIETRO: THANK YOU, MR. SPEAKER. I DON'T
KNOW HOW TO TOP THAT, BUT I DO HAVE SOME VERY DISTINGUISHED GUESTS
HERE I THINK YOU'LL FIND VERY INTERESTING. THIS IS SANTOS LOPEZ AND HIS
DAUGHTER, DELIA. WHAT'S AWESOME ABOUT THIS IS SANTOS, HIS GRANDFATHER
WAS THE ORIGINAL SIGNER AND CO-DRAFTER OF THE PHILIPPINE INDEPENDENCE
12
NYS ASSEMBLY JUNE 12, 2019
IN 1934. AND HIS GREAT-UNCLE IS DR. JOSÉ RIZAL, WHO IS THE FATHER OF
PHILIPPINE INDEPENDENCE. TODAY IS FILIPINO DAY, WHICH I'M HOSTING.
IT'S ON THE THIRD FLOOR. ANYONE WHO WOULD LIKE TO GO, WE'LL BE BRINGING
THEM DOWN.
BUT IF YOU COULD GIVE THEM ALL THE CORDIALITIES OF THE
HOUSE FOR FILIPINO DAY AND ON BEHALF OF HIS FAMILY, THAT WOULD BE
FANTASTIC. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, SIR, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. AND WHAT AN HISTORIC FAMILY YOU'RE A PART OF.
I'M SURE YOU'RE PROUD OF THE WORK THAT THEY'VE DONE AND THEY, IN THEIR
WAY, MUST BE PROUD OF THE WORK THAT YOU'RE DOING. THANK YOU SO VERY
MUCH. AND TO -- THAT'S YOUR DAUGHTER, I PRESUME? BEAUTIFUL DAUGHTER
THAT YOU HAVE. YOU'VE DONE ALL THE BEST WORK YOU HAVE. THANK YOU
AGAIN. THANK YOU FOR BEING HERE.
(APPLAUSE)
(PAUSE)
MRS. PEOPLES-STOKES FOR THE PURPOSES OF AN
INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WHAT AN HONOR AND A PLEASURE I HAVE TO, ON BEHALF OF
MEMBER JOSE RIVERA, TO INTRODUCE MARCIA CORTEZ. MARCIA IS A STUDENT
AT YORK PREPARATORY SCHOOL. SHE IS 13 YEARS OLD. AND, MR. SPEAKER,
SHE'S A CHAMPION SOCCER PLAYER. WOULD YOU PLEASE WELCOME HER TO OUR
13
NYS ASSEMBLY JUNE 12, 2019
CHAMBERS [SIC]?
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. RIVERA, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE
TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. CERTAINLY, OUR CONGRATULATIONS FOR YOUR ATHLETIC
ACHIEVEMENTS, BUT ALSO FOR MAINTAINING A GREAT ACADEMIC WORLD. PLEASE
CONTINUE TO DO THAT WORK. KNOW THAT THEY ARE LINKED INEVITABLY IN YOUR
LIFE. THANK YOU, AND YOU ARE ALWAYS WELCOME HERE.
(APPLAUSE)
(PAUSE)
MRS. PEOPLES-STOKES FOR THE PURPOSES OF AN
INTRODUCTION, PLEASE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I AM HONORED TO HAVE THIS OPPORTUNITY TO REQUEST AN
INTRODUCTION AND A WELCOME TO OUR CHAMBERS [SIC] FOR MRS. ROSA
AGUDELO. SHE IS A HEAD START TEACHER. SHE WORKS WITH THREE- AND
FOUR-YEAR-OLDS EVERY DAY IN BROOKLYN, WHICH YOU KNOW, MR. SPEAKER,
IS A CHALLENGE. SHE'S AN IMMIGRANT FROM COLUMBIA WHERE SHE WAS A
NURSE FOR MORE THAN A DECADE. SHE IS -- CAME TO THE UNITED STATES IN
1992 WITH HER DAUGHTER, WHO IS NOW OUR COLLEAGUE, ASSEMBLYWOMAN
CATALINA CRUZ. SHE SETTLED IN QUEENS, WHERE ROSA AND
ASSEMBLYMEMBER CRUZ LIVED AS UNDOCUMENTED IMMIGRANTS FOR TEN
YEARS. SHE NOW CURRENTLY LIVES IN OZONE PARK WITH HER THREE OTHER
CHILDREN, LAURA, MONICA AND HECTOR, AND HER GRANDDAUGHTER.
MR. SPEAKER, WOULD YOU PLEASE WELCOME THIS
14
NYS ASSEMBLY JUNE 12, 2019
ESTEEMED MOTHER AND GRANDMOTHER TO OUR CHAMBERS [SIC]?
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES AND YOUR DAUGHTER, WE WELCOME YOU HERE TO
THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE
FLOOR. YOU ARE FAMILY, YOU ALWAYS HAVE THAT. WE ARE SO HAPPY THAT
YOU ARE ABLE TO COME UP. AND, OBVIOUSLY, THE JOY THAT YOUR DAUGHTER
HAS IN HAVING YOU JOIN US TODAY. CONGRATULATIONS TO THAT GREAT FAMILY
THAT YOU ARE. AND BEING FROM QUEENS, WE KNOW YOU'RE THE BEST.
THANK YOU SO VERY MUCH.
(APPLAUSE)
SHH. SHH. SHH. THAT IS STAFF ALSO, PLEASE. WE ARE
DOING A PRESENTATION. YOU -- WHATEVER THOSE CONVERSATIONS ARE, THEY
WILL WAIT UNTIL AFTER THE PRESENTATION. MEMBERS WILL TAKE THEIR SEATS,
PLEASE, IN RESPECT.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE ASK THE CLERK TO CALL UP THE RESOLUTION HONORING OUR DECEASED
COLLEAGUES?
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 544, MR.
HEASTIE.
LEGISLATIVE RESOLUTION HONORING THE MEMORY OF THE
DECEASED MEMBERS OF THE NEW YORK STATE ASSEMBLY, IN RECOGNITION OF
THEIR CAREERS IN PUBLIC SERVICE.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
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NYS ASSEMBLY JUNE 12, 2019
COULD NOW PLEASE HAVE A -- THE REMAINDER OF THE COLLEAGUES AND/OR
GUESTS THAT ARE IN THE CHAMBERS [SIC] HAVE A SEAT.
ACTING SPEAKER AUBRY: DOORS WILL BE CLOSED.
NO ONE WILL BE LET IN OR OUT UNTIL THE PRESENTATION IS FINISHED.
MEMBERS WILL STAY IN THEIR SEATS.
MRS. PEOPLES-STOKES: MEMBERS AND
COLLEAGUES, THIS IS A SOLEMN OPPORTUNITY TO HONOR OUR PREVIOUS
COLLEAGUES WHO HAVE TRANSITIONED. FOR THOSE OF US WHO BELIEVE IN THE
CREATOR, WE ALL KNOW THAT AS SOON AS WE ARE BORN, WE WILL SOMEDAY
DIE. SOME OF OUR COLLEAGUES HAVE GONE ON, AND WE WOULD LIKE TO
HONOR THEM, MR. SPEAKER. THIS IS PROBABLY ONE OF THE FIRST AND MOST
MEMORABLE OPPORTUNITIES I'VE EVER HAD IN THIS CHAMBER WAS THIS
OPPORTUNITY FOR SILENCE. NO WALKING, NO RUNNING. PEOPLE PAYING
ATTENTION TO THE LIVES OF THOSE WHO HAVE WENT BEFORE US. THERE ARE
SEVERAL THIS YEAR, MR. SPEAKER. AND MANY OF OUR COLLEAGUES WHO ARE
IN THE CHAMBERS [SIC] NOW WILL SHARE WITH US OPPORTUNITIES TO HONOR
THEIR MEMORIES.
SEYMOUR BOYERS, WHO SERVED THE 21 -- SERVED THE 21ST
-- 24TH ASSEMBLY DISTRICT FROM 1967 TO 1968; JOSÉ PERALTA, WHO SERVED
THE 39TH ASSEMBLY DISTRICT FROM 2003 TO 2010. IN FACT, JOSÉ AND I
CAME IN THE SAME YEAR. MEL MILLER, WHO SERVED THE 44TH ASSEMBLY
DISTRICT FROM 1971 TO 1991; GUY MOLINARI, WHO SERVED THE 60TH
ASSEMBLY DISTRICT FROM 1965 TO 1980; JAMES TULLY, WHO SERVED THE
61ST ASSEMBLY DISTRICT FROM 1966 -- IN 1966; MARIE RUNYON, WHO
SERVED THE 70TH ASSEMBLY DISTRICT IN 1975; GREGORY YOUNG, WHO
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NYS ASSEMBLY JUNE 12, 2019
SERVED THE 88TH ASSEMBLY DISTRICT FROM 1983 TO 1992. CHLOE O'NEIL,
WHO SERVED THE 112TH ASSEMBLY DISTRICT FROM 1930 -- 1993 TO 1998;
THOMAS HANNA, WHO SERVED THE 130TH ASSEMBLY DISTRICT FROM 1973 TO
1982; AND DANIEL B. WALSH, WHO SERVED THE 149TH ASSEMBLY DISTRICT
FROM 1973 UNTIL 1987.
WITH THAT, MR. SPEAKER, YOU WILL HEAR FROM SEVERAL OF
OUR COLLEAGUES AS WE HONOR THE LIVES OF THESE GREAT NOT ONLY JUST NEW
YORK STATE CITIZENS, BUT AMERICAN CITIZENS AND HONORABLE COLLEAGUES OF
THIS HONORABLE HOUSE, THE NEW YORK STATE ASSEMBLY.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
MR. LENTOL.
MR. LENTOL: THANK YOU, MR. SPEAKER. THE
MAJORITY LEADER IS CORRECT. THIS IS A VERY SOLEMN DAY, AND ONE THAT WE
SHOULD ALL BE CELEBRATING THE LIFE OF FORMER COLLEAGUES WHO HAVE COME
AND GONE. AND MANY OF YOU PROBABLY KNOW THE NAMES AND NOT THE
FACES AND NOT THE PEOPLE. UNFORTUNATELY -- OR FORTUNATELY FOR ME, I
SHOULD SAY, I HAVE HAD THE OPPORTUNITY TO KNOW MANY OF THE MEMBERS
WHO ARE ON THE LIST THAT WE HONOR TODAY. AND I HAVE TO SAY THAT IT WAS
A VERY HEARTWARMING EXPERIENCE THIS MORNING AT MASS TO LISTEN TO THE
WONDERFUL SERVICE THAT, BY THE WAY, USED TO BE ATTENDED BY ALMOST
EVERYBODY IN THIS HOUSE WHEN WE HAD A MEMORIAL MASS FOR DECEASED
MEMBERS. BUT NOW IT'S KIND OF SPARSELY ATTENDED. BUT I SAY THAT
BECAUSE I HAVE FOND MEMORIES OF MANY OF MY COLLEAGUES WHO SERVED
US SO WELL, EACH IN THEIR OWN WAY, WHO PROTECTED THE PEOPLE OF THE
STATE OF NEW YORK. I MEAN, YOU CAN LOOK OVER THE LIST TO SEE IF YOUR
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MEMBER OR YOUR PREVIOUS MEMBER IS ON THE LIST, EVEN IF YOU DIDN'T
KNOW HIM, AND LEARN ABOUT WHO HE OR SHE WAS. BECAUSE THEY ALL DID
WHAT WAS RIGHT FOR THE STATE OF NEW YORK, PROTECTING THE NEEDS OF THEIR
CONSTITUENTS AND THE NEEDS OF THE PEOPLE OF THE STATE OF NEW YORK.
I PARTICULARLY REMEMBER ONE NAME THAT STANDS OUT ON
THE LIST, AND THAT'S SPEAKER MEL MILLER, WHO SERVED THIS HOUSE --
SERVED THIS HOUSE WITH GREAT DISTINCTION. AND BEFORE I GOT HERE TO DO
CRIMINAL JUSTICE SERVICE AS CHAIRMAN OF THE CODES COMMITTEE, HE WAS
WORKING HARD TO PROTECT THE INNOCENT WHILE PROTECTING THE PEOPLE OF THE
STATE OF NEW YORK, AND ALSO WORKING HARD TO CONVICT THE GUILTY, I
MIGHT SAY. BECAUSE HE WAS TRULY A SPEAKER WHO WAS A MAN OF THE
PEOPLE. HE CAME TO AN IGNO -- IGNOMINIOUS -- TRYING TO GET OUT THOSE
BIG WORDS ARE HARD, AND WHEN YOU'RE SPEAKING ABOUT PEOPLE WHO HAVE
DIED -- FATE, BECAUSE HE WAS ACCUSED OF A CRIME FOR WHICH HE WAS
CONVICTED AND LOST HIS SPEAKERSHIP AND HIS SEAT. BUT THE LORD WAS
GOOD TO HIM, BECAUSE THE COURT REVERSED THAT CASE AND GAVE HIM A NEW
LIFE. OF COURSE HE COULD NEVER COME BACK AS SPEAKER BECAUSE HE HAD
BEEN CONVICTED OF A FELONY, BUT NONETHELESS, HE CONTINUED TO SERVE IN A
CAPACITY -- IN A DIFFERENT CAPACITY AS A LOBBYIST AND AS AN ADVISOR TO
MANY OF US ABOUT BILLS BEFORE THE LEGISLATURE. I KNOW THAT I CALLED
UPON HIM MANY TIMES FOR ADVICE ON BILLS ON CODES, AND JUST IN GENERAL,
FOR HIS LEADERSHIP SO THAT WE WOULD MOVE FORWARD IN A DIRECTION THAT
THIS HOUSE NEEDED.
ANOTHER NAME THAT STANDS OUT OF COURSE, MADAM
MAJORITY LEADER, IS DAN WALSH, WHO WAS MY CLASSMATE AND SAT IN THE
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BACK WITH ME, RIGHT NEXT TO ME. AND WE TALKED FOR MANY YEARS SIDE BY
SIDE, CHAIRS RIGHT NEXT TO EACH OTHER. BUT HIS SERVICE AS MAJORITY
LEADER STANDS OUT BECAUSE MS. PEOPLES, HE WAS -- HE WAS A GUY WHO
WOULD LOOK AT YOU WHEN THINGS WERE GOING WRONG AND YOU GOT ANGRY
AND HE WOULDN'T SAY ANYTHING. HE'D JUST KIND OF WALK OVER TO YOU AND
PUT HIS HAND ON YOUR SHOULDER AND SAY, CALM DOWN. AND YOU DID,
BECAUSE THAT WAS THE TYPE OF GUY HE WAS. AND HE SERVED HIS
CONSTITUENTS IN CATTARAUGUS COUNTY. ANY OF YOU COME FROM THERE, YOU
MAY REMEMBER THE NAME. HE WAS THE FIRST ASSEMBLYMEMBER, AS I
RECALL IT, TO WALK THE STREETS OF HIS DISTRICT FROM ONE END TO THE OTHER,
GETTING VOTES. AND HE WAS, I THINK, THE FIRST DEMOCRAT EVER -- EVER TO
BE ELECTED FROM CATTA -- CATTARAUGUS COUNTY. EXCUSE ME FOR SAYING IT
WRONG.
MARIE RUNYON WAS A FIREBRAND FROM HARLEM. SHE
WAS A WHITE WOMAN, WHO I THINK MAY HAVE BEEN THE ONLY WHITE
WOMAN THAT I CAN REMEMBER UNTIL DANNY O'DONNELL WAS ELECTED THAT
EVER REPRESENTED HARLEM OR PARTS OF HARLEM. AND SHE WAS AN UNUSUAL
-- AN UNUSUALLY GREAT SPEAKER, I THOUGHT, AND ONE OF THE FIRST WOMEN TO
MAKE A SIGNIFICANT DIFFERENCE JUST BY HER BEING HERE AND TEACHING US
WHAT IT WAS TO REPRESENT A POOR DISTRICT AND HAVING US UNDERSTAND HOW
TO SERVE THE POOREST AND THE NEEDIEST AMONG US.
SY BOYERS, UNFORTUNATELY, I DIDN'T KNOW. HE CAME
BEFORE ME.
JOSÉ PERALTA MADE A MISTAKE IN HIS CAREER THAT
PROBABLY COST HIM HIS SENATE SEAT. BUT HE SERVED WITH DISTINCTION IN
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BOTH THE ASSEMBLY AND THE SENATE. HE WAS A -- A FRIEND OF MINE, AND
HE HAPPENED TO BE A GOOD JOE. AND, OF COURSE, HE WAS AMONG A
FRATERNITY OF US WHO HAPPENED TO BE GOOD JOES, LIKE JOE LENTOL. AND
I'M PROUD TO CALL HIM MY FRIEND. AND I WAS SADDENED, AS I KNOW MANY
OF YOU WERE, TO HEAR OF HIS PASSING. AND OF COURSE, HE WAS PROBABLY
ONE OF THE YOUNGEST ON THIS LIST WHO DIED WAY TOO SOON.
TOM HANNA; A REPUBLICAN FROM MONROE COUNTY. I
REMEMBER VERY WELL. HE WAS A -- A LEADING OPPONENT -- OR A LEADING
PROPONENT, I SHOULD SAY; I WON'T SAY ANYTHING NEGATIVE ABOUT ANYBODY
TODAY. HE WAS A LEADING PROPONENT FOR PENSION REFORM, AND I NEVER
HEARD ANYBODY SO ELOQUENT ABOUT WHY WE SHOULD REFORM THE PENSION
SYSTEMS OF NEW YORK, ESPECIALLY SINCE HE WAS IN IT. BUT HE UNDERSTOOD
THAT VERY WELL, AS MANY OF MY COLLEAGUES DO ON THE OTHER SIDE, THE NEED
FOR US TO TACKLE REFORM ISSUES EVEN THOUGH THEY'RE DIFFICULT AND WE
DON'T LIKE TO DEAL WITH THEM. HE WAS SOMEBODY THAT I'LL REMEMBER ALSO
WITH A GREAT DEAL OF MEMORY, AS -- AS IS THE CASE OF EVERY MEMBER ON
THIS LIST. WHEN YOU SERVE IN THIS BODY, PEOPLE REMEMBER YOU. YOUR
PEOPLE REMEMBER YOU, AND WE REMEMBER YOU. BECAUSE IN THE END, WE
ARE A FAMILY WHEN YOU ARE ELECTED TO THE NEW YORK STATE ASSEMBLY OR
THE NEW YORK STATE SENATE. AND WE TEND TO REMEMBER OUR OWN, JUST
LIKE EVERY OTHER FAMILY. SO MR. SPEAKER, I COMMEND TO YOU THE NAMES
OF ALL OF THESE INDIVIDUALS, ESPECIALLY THE ONES I'VE MENTIONED.
AND THE LAST ONE I'LL TALK ABOUT IS GREG YOUNG, WHO
WAS FROM WESTCHESTER COUNTY, WHO WAS ONE OF THE NICEST INDIVIDUALS
AND ONE OF THE BEAUTIFUL PEOPLE EVER TO SERVE IN THIS HOUSE. AND HE
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ALSO DIED TOO YOUNG. AND I'LL REMEMBER HIM FONDLY, AS I WILL
REMEMBER ALL OF THE PEOPLE I SERVED WITH AND TRY TO THINK ABOUT THEM
EVERY TIME WE DO THESE MEMORIALS SO THAT WE NEVER FORGET.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. DENDEKKER ON THE
RESOLUTION.
MR. DENDEKKER: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THE RESOLUTION. ALSO, LIKE MY COLLEAGUE JUST
MENTIONED, I WAS AT THE LEGISLATORS MEMORIAL SERVICE THIS MORNING,
AND I WOULD HOPE THAT MORE OF YOU WOULD TAKE PART IN IT NEXT YEAR.
BECAUSE THERE WILL COME A DAY WHEN YOU, TOO, WILL NOT BE HERE, AND THE
BODY THAT WILL BE HERE WILL BE REMEMBERING YOU AND YOUR WORK AND
YOUR SERVICE TO YOUR CONSTITUENTS.
I WAS PROFOUNDLY TOUCHED THIS MORNING TO HEAR THE
NAME JOSÉ PERALTA MENTIONED. I KNOW JOSÉ FOR MANY, MANY YEARS. HE
SERVED IN THIS HOUSE FROM 2003 TO 2010, AND THEN SERVED IN THE SENATE
FROM 2010 TO 2018. TO THOSE OF YOU WHO HAD THE PLEASURE OF SERVING
WITH JOSÉ, I WILL TELL YOU, HE WAS A -- A -- A -- A BULL WHEN IT CAME TO
LEGISLATION ON THINGS THAT WERE IMPORTANT TO HIM. AND WE WERE LUCKY
ENOUGH THAT HE FOUGHT VERY HARD FOR THE DREAM ACT, AND THIS YEAR IT
BECAME A REALITY. THAT WAS HIS PIECE OF LEGISLATION THAT HE CARED MOST
ABOUT. I -- I -- I WOULD DISAGREE WITH WHETHER OR NOT HE MADE A
MISTAKE IN HIS CAREER. IT WAS POLITICS, AND I THINK HE WAS TRYING TO DO
WHATEVER HE COULD DO TO CONTINUE THE WORK FOR HIS CONSTITUENCY IN A
MANNER THAT HE THOUGHT WAS GOING TO BE HELPFUL. HE WAS NOT THE TYPE
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OF PERSON WHO WOULD DO ANYTHING FOR A SELF-SERVING REASON. HE ONLY
CARED ABOUT HIS CONSTITUENTS AND TO DO THE BEST HE COULD FOR HIS
COMMUNITY. AND WHETHER OR NOT PEOPLE AGREE WITH HOW HE CHOSE TO
DO THAT, THAT'S NEITHER HERE NOR THERE. BUT WHEN YOU GO TO THE SERVICE,
YOU HEAR THE -- THE YEAR THAT SOMEBODY WAS BORN AND THE YEAR THAT THEY
DIED. AND IN JOSÉ'S PARTICULAR INSTANCE, 1971 TO 2018. A VERY YOUNG
MAN. HAD JUST TURNED 47 YEARS OLD. BUT WE ALWAYS LISTEN TO PEOPLE
WHO TALK MORE SPIRITUALLY, AND -- AND THEY TALK ABOUT THE DASH BETWEEN
1971 AND 2018. AND THE DASH IS OUR LIFE, AND WE'RE HERE FOR A LIMITED
AMOUNT OF TIME. I DON'T CARE HOW IMPORTANT YOU THINK YOU MAY BE TO
THIS WORLD, WE ARE ALL HERE FOR A LIMITED AMOUNT OF TIME. WE JUST DON'T
KNOW HOW LONG THE DASH IS GOING TO BE. IN JOSE'S PARTICULAR DASH, THE
THINGS THAT HE DID IN HIS LIFE WERE VERY BENEFICIAL TO HIS CONSTITUENCY, AS
WELL AS TO ME PERSONALLY, AS WELL AS TO HIS FAMILY, IS WIFE, EVELYN, HIS
TWO SONS, MYLES AND MATTHEW. AND I TRULY BELIEVE HE WOULD BE VERY,
VERY HAPPY TO KNOW THAT THE DREAM ACT GOT PASSED. HE PROBABLY
LOOKED DOWN AND WENT, REALLY? YOU KNOW, NOW? WE COULDN'T HAVE
DONE IT THE YEAR BEFORE? BECAUSE THAT'S HOW MUCH HE CARED ABOUT IT,
AND THAT'S HOW IMPORTANT IT WAS TO HIM. BUT AT THE SAME TIME, I THINK
HE'D ALSO BE VERY HAPPY TO KNOW THAT THIS BODY PAUSED FOR A MOMENT TO
ACTUALLY LOOK AT HIS PROFESSIONAL CAREER, AND HOPEFULLY ALL OF YOU IN THIS
ROOM WILL THANK HIM FOR HIS SERVICE TO THIS HOUSE, TO THE OTHER HOUSE,
TO THE CONSTITUENCY THAT HE REPRESENTED, AS WELL AS ALL OF THE RESIDENTS
OF THE STATE OF NEW YORK. HE WAS SOMEONE WHO SERVED WITH DIGNITY
AND RESPECT, AND WILL ALWAYS HAVE MY UTMOST PRAISE FOR ALL THE WORK
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THAT HE DID.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MANY APOLOGIES, BUT WE DID LEAVE OFF ONE VERY IMPORTANT
COLLEAGUE'S NAME OFF THE LIST. WE WILL BE ADDING THAT TO THE FORMAL
RESOLUTION, AS IT IS APPROPRIATE TO DO. BUT I WANT TO MENTION HIM NOW.
HE IS JAMES F. NAGLE. HE WAS THE MEMBER FOR THE 130 -- 40 -- NO,
135TH ASSEMBLY DISTRICT, AND HE SERVED FROM 1976 TO 1991, MR.
SPEAKER. JAMES F. NAGLE.
SPEAKER HEASTIE: THANK YOU, MRS.
PEOPLES-STOKES.
MS. WEINSTEIN ON THE RESOLUTION.
MS. WEINSTEIN: THANK YOU, MR. SPEAKER. LIKE SO
MANY OTHER TIMES THAT WE'VE ACTED ON THESE RESOLUTIONS, I REALIZE THAT
WITH MORE YEARS HERE IN THE LEGISLATURE, I KNOW MORE AND MORE OF THE
PEOPLE ON THE LIST WHO HAVE PASSED THAT I'VE SERVED WITH. AND I JUST
WANTED TO MENTION TWO OF THEM THAT I WAS VERY HAPPY TO -- TO SERVE
WITH, FROM TWO DIFFERENT PARTS OF THE STATE. MEL MILLER, SPEAKER,
CHAIRMAN OF THE CODES COMMITTEE, WAS A -- A FRIEND AND A NEIGHBORING
ASSEMBLYMEMBER. IN -- SOME PEOPLE ONLY SAW HIM HERE, BUT BACK IN
BROOKLYN, HE WAS ONE OF THE STRONGEST ADVOCATES FOR PRE-K EDUCATION
FUNDING. AND OUR LOCAL SCHOOL DISTRICT HAD SCHOOL -- HAD PRE-K IN
EVERY SCHOOL BECAUSE OF MEL MILLER LONG BEFORE IT BECAME A -- A
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POPULAR IDEA TO -- TO DO. AND I THINK BECAUSE OF THAT WE WERE ABLE TO
PROVIDE THE EVIDENCE TO ALLOW THAT TO GO BEYOND JUST BROOKLYN AND OUR
LOCAL COMMUNITY, BUT THROUGHOUT THE -- THE STATE. BUT I -- AND I COULD
PROBABLY TELL A NUMBER OF STORIES ABOUT MEL. THEY'D BE VERY ANIMATED
BECAUSE HE ALWAYS LIKED TO USE HIS HANDS WHEN HE SPOKE, AND I DON'T
THINK I COULD DO THOSE -- SOME OF THOSE JUSTICE. BUT ONE OF THE THINGS I
DID WANT TO -- TO MENTION IS -- ASSEMBLYMAN LENTOL MENTIONED THAT JOE
-- THAT MEL WAS CHAIR OF THE CODES COMMITTEE. SO IN THE MID-80'S -
ACTUALLY, IT WAS 1984 - THE POST WAS REALLY GOING AFTER HIM AND THE
ASSEMBLY FOR WHAT THEY CALLED "CRIMINAL JUSTICE REFORM," BUT WE WERE
STANDING UP FOR THE PRINCIPLES HERE OF DEMOCRACY IN THE ASSEMBLY. SO
THERE WAS AN EDITORIAL AFTER WE HAD A VOTE WHERE A NUMBER OF US STOOD
WITH MEL AND REJECTED THE POST'S PUSHING US, AND THE HEADLINE OF THE
EDITORIAL WAS, TO REFORM THE COURTS, LET'S FORGET MILLER TIME. AND THEY
-- THEIR IDEA OF REFORM WAS NOT OUR IDEA OF CRIMINAL JUSTICE REFORM.
THEN THEY LISTED THE GOOD GUYS WHICH WAS SOME DEMS, SOME
REPUBLICANS, AND THEN THERE WAS A LIST OF "THE MILLER GANG." SO THE
ONLY ONES LEFT -- THE ONLY ONES STILL SERVING IN THE ASSEMBLY OF THE
MILLER GANG IS ASSEMBLYMAN LENTOL, MYSELF, AND ACTUALLY JOHN
FLANAGAN IN THE SENATE. AND AFTER THE VOTE AND AFTER THE EDITORIAL, MEL
PRINTED UP THESE EDITORIALS - PROBABLY JOANIE UP THERE DID IT FOR HIM -
AND HE GAVE TO ALL OF THE MILLER GANG A SIGNED COPY OF THE EDITORIAL THAT
SAYS "THANKS FOR EVERYTHING. MEL. JUNE, 1984." WELL, I'VE HAD THAT
BEHIND MY DESK IN THE VARIOUS OFFICES THAT I'VE BEEN IN, JUST TO REMIND
ME THAT IT'S IMPORTANT TO STAND UP FOR PRINCIPLE AND FOR WHAT'S RIGHT.
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AND EVERY SO OFTEN, I'D LOOK AT IT AND THINK OF MEL. ALSO, HE GAVE OUT
-- THERE WAS A -- OBVIOUSLY, A VERY HUMOROUS SIDE TO MEL. HE GAVE ALL
THE MEMBERS OF THE CODES COMMITTEE T-SHIRTS THAT HAD TOMBSTONES ON
IT WITH BILL NUMBERS THAT SAID, "THE CODES COMMITTEE: WHERE BILLS
GOES TO DIE." SO, IT WAS A -- A PLEASURE SERVING WITH MEL, AND MANY OF
THE ISSUES THAT HE WORKED ON FORMED A FOUNDATION OF SOME OF THE
CRIMINAL JUSTICE WORK THAT JOE LENTOL AND OTHERS HAVE -- HAVE
CONTINUED.
I ALSO WANTED TO JUST SAY SOMETHING ABOUT DANNY
WALSH. HE WAS A MAJORITY LEADER WHEN I WAS A RELATIVELY NEW
MEMBER, THOUGH -- AND HE HAD TO SUFFER SOME OF THE -- SOME OF THE
WOMEN MEMBERS COMPLAINING ABOUT THE FACT THAT THE RESTROOM THAT'S
OUTSIDE THAT WE NOW HAVE WAS ONLY FOR THE MEN. AND THE WOMEN
MEMBERS WOULD SORT OF HAVE A TAG TEAM. BECAUSE WE DIDN'T HAVE
ELECTRONIC VOTING, WE'D HAVE TO LET ANOTHER COLLEAGUE KNOW THAT WE
WERE GOING TO THE RESTROOM. AND WE REALLY WANTED TO HAVE THE
WOMEN'S -- THE RESTROOM BE ADJUSTED SO THAT -- TO RECOGNIZE THAT THERE
WERE WOMEN HERE. SO AT ONE POINT, WE GAVE DANNY A PINK -- EILEEN
DUGAN AND I, WHO SERVED IN THE '80S -- GAVE DANNY A PINK TOILET SEAT.
WE PRESENTED HIM WITH A PINK TOILET SEAT. AND IT WAS SHORTLY
AFTERWARDS THAT, ALONG WITH SPEAKER FINK, THAT WE, IN FACT, HAD THE --
THE RESTROOM ADJUSTED TO SUIT BOTH MEN AND -- AND -- AND WOMEN. AND
I THOUGHT -- WHEN I HEARD THAT DANNY HAD PASSED AWAY, I THOUGHT TO MY
MYSELF THAT -- AS PEOPLE ARE -- AS THE FAMILY WAS GOING THROUGH HIS
BELONGINGS AND THROUGH THE VARIOUS THINGS IN HIS ROOM AND HIS GARAGE,
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THAT I WONDERED IF THEY FOUND THAT PINK TOILET SEAT AND WONDERED, WHAT
THE HELL IS THIS DOING HERE AND WHY DOES THIS MAN HAVE THIS? WE HAD
ACTUALLY SIGNED IT.
SO, IT -- IT WAS A PLEASURE TO -- TO SERVE WITH HIM, AND
HE -- HE REALLY DID HAVE A -- A GOOD SENSE OF HUMOR, AND WANTED TO JUST
PAY MY RESPECTS BOTH TO DAN -- DAN AND MEL AND -- AND THE OTHER
MEMBERS, BOTH THOSE THAT I SERVED WITH AND THOSE THAT I CAME TO KNOW
AFTER I BECAME A MEMBER OF THE LEGISLATURE.
SPEAKER HEASTIE: MR. GOTTFRIED, WHO I THINK
HAS SERVED WITH EVERY MEMBER IN THE HISTORY OF THE ASSEMBLY, NEXT ON
THE RESOLUTION.
(LAUGHTER)
MR. GOTTFRIED: ACTUALLY, JUST -- MR. BOYERS
SERVED BEFORE I WAS ELECTED, WHICH MEANS HE MUST HAVE LIVED A LONG
LIFE. BUT I WANT TO TALK ABOUT MEL MILLER. MEL WAS ELECTED IN 1970,
THE SAME DAY I WAS. HE WAS BY FAR, IN MY ESTIMATION, ONE OF THE MOST
BRILLIANT PEOPLE THAT I'VE KNOWN, NOT ONLY SERVING IN THIS BODY, BUT JUST
OF ALL THE PEOPLE I'VE KNOWN. HE SOMEHOW SEEMED TO READ EVERYTHING
AND KNOW JUST ABOUT EVERYTHING. I AND A LOT OF OTHER MEMBERS WOULD
HAVE THE EXPERIENCE OF SENDING HIM A MEMO --IN THOSE DAYS IT
WOULD'VE BEEN HANDING IT TO HIS OFFICE, NOT E-MAILING IT -- YOU KNOW,
LIKE ON A MONDAY, AND THE NEXT MORNING HE WOULD PASS YOU IN THE HALL
AND TALK TO YOU ABOUT, YOU KNOW, SOME POINT ON PAGE 3 OF YOUR MEMO.
AS CHAIR OF THE CODES COMMITTEE, HE WAS, FIRST OF ALL, EXTRAORDINARILY
DELI -- DEVOTED TO CIVIL LIBERTIES AND JUSTICE. BUT ALSO UNDERSTOOD THAT
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SOMETIMES YOU CAN GET AN AWFUL LOT MORE DONE AS THE SAYING GOES, IF
YOU DON'T CARE, WHO GETS THE CREDIT. YOU KNOW, YEARS AGO WHEN WE,
QUOTE, "REPEALED THE ROCKEFELLER DRUG LAWS," IT WAS A BIG DEAL. IT WAS
A MAJOR ACHIEVEMENT. MR. SPEAKER, YOU PLAYED A -- NO, JEFF -- WHERE'S
MR. AUBRY -- PLAYED A -- A KEY ROLE IN MAKING THAT HAPPEN. WHAT
ALMOST NOBODY KNOWS IS THAT IN THE '80S WHEN MEL CHAIRED THE CODES
COMMITTEE, HE AND RALPH MARINO, THE REPUBLICAN CHAIR OF THE SENATE
CODES COMMITTEE, VERY QUIETLY, YEAR AFTER YEAR, WOULD REPEAL ONE PIECE
OR ANOTHER OF THE ROCKEFELLER DRUG LAWS. AND SO BY THE TIME WE DID
THE BIG REPEAL OF THE ROCKEFELLER DRUG LAWS, THE JOB HAD BEEN ABOUT
HALF DONE IN THE '80S, VERY QUIETLY, BY MEL MILLER. BECAUSE HE KNEW
THAT DOING IT A LITTLE BIT AT A TIME WITHOUT MAKING ANY NOISE ABOUT IT WAS
THE WAY TO GET IT DONE. IRONICALLY, PERHAPS, HE WAS TAKEN FROM THE
ASSEMBLY BY A CRIMINAL CONVICTION THAT I AND I THINK A LOT OF PEOPLE
AND I THINK ULTIMATELY AN APPELLATE COURT AGREED WAS AN INAPPROPRIATE,
SHALL WE SAY, PROSECUTION. BUT AFTER HE LEFT THE ASSEMBLY, HE -- IT
TURNED OUT HE COULDN'T STAY AWAY, AND CAME BACK FOR MANY, MANY YEARS
AS A VERY DECENT AND VERY EFFECTIVE LOBBYIST WHO CONTINUED -- I MEAN,
HE OCCASIONALLY WOULD LOBBY ME AS CHAIR OF THE HEALTH COMMITTEE,
AND IT ALWAYS ASTONISHED ME THE LEVEL OF DETAIL THAT HE KNEW ABOUT
WHAT WE WERE DOING IN THE HEALTH COMMITTEE, INCLUDING THINGS THAT
HAD HAPPENED THE DAY BEFORE. SO, I MISSED HIM WHEN HE WAS TAKEN
FROM THE ASSEMBLY, I MISSED HIM WHEN HE WAS TAKEN FROM US FINALLY.
I JUST WANT TO SAY SOMETHING VERY BRIEF ABOUT JIM
NAGLE. JIM NAGLE WAS, EARLY ON IN MY CHAIRMANSHIP OF THE HEALTH
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COMMITTEE, I THINK OUR -- MY FIRST RANKING MINORITY MEMBER ON THE
HEALTH COMMITTEE, A DECENT, SMART, CONCERNED, LEVEL-HEADED LEGISLATOR.
A PLEASURE TO WORK WITH AS -- AS RANKING MINORITY MEMBER. AND I
JUST WANT TO NOTE THAT, YOU KNOW, HE -- HE WAS NOT AN EXCEPTION AMONG
OUR RANKING MINORITY MEMBERS TO -- TO HAVE THOSE QUALITIES. WE'VE
REALLY BEEN BLESSED WITH A SERIES OF RANKING MINORITY MEMBERS, UP TO
AND INCLUDING ANDY RAIA, WITH THOSE REALLY IMPORTANT AND USEFUL
CRITERIA.
SO, I MISS MEL MILLER, I MISS JIM NAGLE, AND LET'S TRY
TO REMEMBER THEM AND LIVE IN WAYS THAT HONOR THEM.
SPEAKER HEASTIE: MS. GLICK ON THE RESOLUTION.
MS. GLICK: THANK YOU, MR. SPEAKER. WHEN I FIRST
ARRIVED HERE, MEL MILLER WAS THE -- WAS THE SPEAKER. AND OUR -- OUR
BODY WAS SOMEWHAT LESS DIVERSE. AND I ARRIVED AS THE FIRST OUT
MEMBER OF THE LEGISLATURE. AND SPEAKER MILLER WAS VERY HELPFUL AND
SUPPORTIVE IN DEFLECTING SOME OF THE QUESTIONS FROM THE PRESS. SO I
WILL ALWAYS THINK OF HIM FONDLY FOR HIS DEAFNESS, HIS WIT, AND HIS
SUPPORT. IT WAS A VERY DIFFERENT TIME, AND NOT NECESSARILY ONE IN WHICH
ONE FELT A TREMENDOUS AMOUNT OF SUPPORT. BUT HAVING THE SPEAKER BE
SUPPORTIVE WAS A VERY IMPORTANT START TO MY CAREER HERE, AND I WILL
ALWAYS THINK OF HIM FONDLY.
I ALSO WANT TO SPEAK ABOUT JOSÉ PERALTA. WE WORKED
ON THE DREAM ACT TOGETHER FOR A NUMBER OF YEARS, AND IT WAS, FOR
HIM, JUST A MATTER OF SIMPLE JUSTICE, WHICH I THINK HE CONVEYED TO OTHER
MEMBERS VERY EFFECTIVELY, EVEN THOUGH IT TOOK A LONG TIME FOR US TO
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COME TO AN APPROPRIATE CONCLUSION ON THAT MATTER. BUT I ALSO WORKED
WITH HIM ON ANOTHER ISSUE THAT WAS EQUALLY IMPORTANT TO HIM, AND THAT
WAS PROTECTING THE LIVES OF SCHOOL CHILDREN ON THEIR WAY TO SCHOOL.
AND HE REALLY DID EVERYTHING HE POSSIBLY COULD TO MOVE THE SENATE TO
SUPPORT SPEED CAMERAS IN SCHOOL ZONES. IT SEEMS LIKE A VERY SIMPLE
THING. WHY COULD ANYONE FIND THAT OBJECTIONABLE? AND IT GOT CAUGHT
UP IN POLITICS IN THE -- IN THE SENATE, AND I KNOW IT PAINED HIM. IT
PAINED HIM TREMENDOUSLY THAT HE WAS NOT ABLE TO CONVINCE PEOPLE OF
THE VERY SIMPLE JUSTICE OF ENSURING THAT SCHOOL CHILDREN, STAFF AT THE
SCHOOLS, THE GRANDPARENTS WHO WERE TAKING THEIR GRANDCHILDREN TO
SCHOOL, ALL OF THE PEOPLE WHO WOULD BE -- HAVE REASON TO GO EITHER TO
DROP A CHILD OFF OR PICK UP A CHILD, WERE NOT GIVEN THE -- THE SUPPORT OF
THE SOCIETY TO SAY CARS SHOULD NOT BE SPEEDING IN AND AROUND OUR
SCHOOLS. AND WE WERE, AGAIN, SUCCESSFUL TOO LATE FOR HIM. AND I JUST
WANT TO SAY THAT HE WAS ALWAYS A GENTLEMAN, BUT HE ALSO ENJOYED LIFE
TREMENDOUSLY AND HE HAD A GREAT SMILE AND A TWINKLE IN HIS EYE. AND
HE WAS A -- A LOVELY MAN, AND A GREAT LOSS. AND TO THE FAMILY, WE ARE
SO VERY SORRY FOR HIS LOSS, AND HE WILL BE REMEMBERED HERE FOR MANY
YEARS TO COME.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. CAHILL ON THE RESOLUTION.
MR. CAHILL: THANK YOU, MR. SPEAKER. I WILL START
VERY BRIEFLY WITH SORT OF A POST-SERVICE RECOLLECTION ABOUT MEL MILLER.
TO THOSE OF YOU WHO DON'T KNOW WHO MEL MILLER IS OR DON'T REMEMBER
EVER SEEING HIM IN THE HALLS, ALMOST ON A VERY REGULAR BASIS UNTIL LAST
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NYS ASSEMBLY JUNE 12, 2019
YEAR, HE WAS THE MAN, WHEN HE WALKED INTO A ROOM OR WALKED INTO A
HALL, THERE WAS NO ROOM FOR ANYBODY ELSE IN THAT ROOM. HE ELBOWS THAT
COULD STRETCH FROM WALL TO WALL. HE'S A PERSON WHO WHEN HE SPOKE, HE
SPOKE AUTHORITATIVELY, AND HE IF HE SPOKE AGAINST YOU, WHILE YOU WERE A
LITTLE TROUBLED BY THE FACT THAT YOU WERE ABOUT TO LOSE A -- A POINT WITH
HIM, YOU WENT HOME AND YOU BRAGGED ABOUT THE FACT THAT IT WAS MEL
MILLER WHO TOOK YOU ON. HE WAS A GIANT. ONE OF THE TWO PEOPLE WITH
STANLEY FINK, WHO I THINK WILL GO DOWN IN HISTORY AS THE CREATORS OF THE
MODERN NEW YORK STATE ASSEMBLY. THOSE TWO INDIVIDUALS
TRANSFORMED THIS INSTITUTION FROM -- FROM WHAT WAS ACTUALLY A CITIZEN
LEGISLATURE TO ONE THAT WE SEE TODAY WHERE WE HAVE STAFFS, WHERE WE
HAVE A GREAT WORKING KNOWLEDGE OF THE LEGISLATION THAT WE DEAL WITH.
WE OWE A DEBT TO MELVIN MILLER FOR THE TRANSFORMATION OF THE NEW
YORK STATE LEGISLATURE, AND I -- I DO HOPE THAT HIS -- HIS FAMILY ACCEPTS
OUR CONDOLENCES AND HE RESTS IN PEACE.
JOSÉ PERALTA WAS ONE OF THE YOUNG LATINO MEMBERS OF
THIS HOUSE WHO CAME IN WITH A GROUP OF OTHERS WHO ALSO TRANSFORMED
THIS PLACE IN A VERY SIGNIFICANT AND A VERY POSITIVE WAY. DEBORAH
ANNUNCIATED A FEW OF THE ISSUES THAT HE WAS CONCERNED WITH. AND WE
ALL MOURNED HIS PASSING AT SUCH A YOUNG AGE AND SO SUDDENLY. BUT I
CAN'T HELP BUT WONDER IF HE IS NOT ONE OF THE REASONS WHY WE HAVE HAD
SUCH A SUCCESSFUL YEAR. I CAN'T HELP BUT WONDER IF HIS SPIRIT IS NOT A PART
OF ALL OF US NOW. WILL HIS SPIRIT BE A PART OF US WHEN WE PROTECT
TENANTS LATER THIS WEEK? WAS HIS SPIRIT A PART OF US WHEN WE
TRANSFORMED THE CRIMINAL JUSTICE SYSTEM? IS HIS SPIRIT WITH US AS WE
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NYS ASSEMBLY JUNE 12, 2019
INVITE A GENERATION OF YOUNG PEOPLE TO EXPERIENCE HIGHER EDUCATION
BECAUSE THEY ARE CAPABLE, NOT JUST BECAUSE THEY ARE OF MEANS OR THEY
WERE BORN IN THE RIGHT PLACE? WE OWE A GREAT DEBT TO JOSÉ. WE MISS
HIM GREATLY. AND I WISH HE WERE HERE WITH US TO ENJOY SOME OF HIS
VICTORIES THAT WE ARE PARTICIPATING IN.
BUT, MR. SPEAKER, I RISE TODAY FOR SOMEONE WHO YOU
PROBABLY DON'T KNOW, AND WHO DID SERVE BEFORE DICK GOTTFRIED WAS
HERE, SO THAT MEANS THAT HE WAS ALSO HERE BEFORE THE ADVENT OF THE
AUTOMOBILE AND, PERHAPS, WHEN THE ALPHABET ONLY HAD 23 LETTERS AND
NUMBERS WERE NOT YET INFINITE.
(LAUGHTER)
I SPEAK OF JAMES TULLY, WHO SERVED FOR A SINGLE YEAR
IN 1966, AND THEN SERVED AS A DELEGATE TO THE NEW YORK STATE
CONSTITUTIONAL CONVENTION IN 1967. WHO HAD HIS FIRST TASTE OF
STATEWIDE POLITICS WHEN HE CHAIRED THE CAMPAIGN OF GOVERNOR HUGH
CAREY IN 1982, AND -- AND -- IN 1975, I TAKE IT BACK. AND WHEN
GOVERNOR CAREY BECAME GOVERNOR, JIM TULLY WAS APPOINTED THE
COMMISSIONER OF TAXATION AND FINANCE, WHERE HE DID SERVE WITH
DISTINCTION UNTIL 1982. JIM WAS A REMARKABLE MAN. LET ME TELL YOU A
LITTLE BIT ABOUT HOW THINGS HAVE CHANGED IN THE EXECUTIVE BRANCH. AS
THE COMMISSIONER OF TAXATION AND FINANCE, JIM CONDUCTED AN AUDIT OF
A MAN WHO WAS USING A GOVERNMENT VEHICLE TO TRANSPORT HIS CHILDREN.
JIM DETERMINED THAT TO BE INCOME, AND THEN SENT A BILL TO
THEN-GOVERNOR CAREY FOR $972.
(LAUGHTER)
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NYS ASSEMBLY JUNE 12, 2019
THAT WASN'T ENOUGH FOR JIM. HE KEPT ON GOING FROM
THERE. A FEW YEARS LATER IT WAS DETERMINED THAT A RELATIVE OF THE
GOVERNOR HAD BEEN DOING A FEW THINGS THAT MAYBE WHERE THE BOOKS
WEREN'T KEPT QUITE SO WELL, AND HE STARTED AN INVESTIGATION AND
PROSECUTED THE GOVERNOR'S BROTHER WHILE THE GOVERNOR WAS STILL SITTING
AND WAS HIS BOSS. JUST IMAGINE TODAY.
(LAUGHTER)
OKAY. IF YOU DON'T HAVE AN IMAGINE -- AN IMAGINATION
GREAT ENOUGH TO THINK ABOUT HOW THAT COULD BE ACCOMPLISHED TODAY, BUT
THAT'S WHAT IT WAS LIKE UNDER GOVERNOR HUGH CAREY AND WHEN JIM
TULLY RAN THE DEPARTMENT OF TAXATION AND FINANCE.
BUT LET ME TELL YOU A COUPLE OF REASONS WHY HE'S
IMPORTANT TO YOU: DURING HIS TENURE AS COMMISSIONER OF TAXATION AND
FINANCE, NEW YORK CITY WENT BANKRUPT. AND WHEN NEW YORK CITY
WENT BANKRUPT, THE WAY THAT NEW YORK CITY WAS BAILED OUT WAS HERE IN
THIS ROOM, BY THE IMPOSITION OF A NUMBER OF TAXES FOR WHICH THE
COMMISSIONER OF TAXATION AND FINANCE AND THE PERSON OF JIM TULLY
BECAME, FOR ALL INTENTS AND PURPOSES, THE SOLE TRUSTEE. UNLIKE OTHER
TAXES THAT WE LEVY IN LEGISLATIVE BRANCHES OF GOVERNMENT AND EXECUTIVE
BRANCHES OF GOVERNMENT GET TO DETERMINE WHAT TO DO, AS THE TRUSTEE,
JIM TULLY SINGULARLY DECIDED WHAT BILLS GOT PAID IN NEW YORK CITY AND
WHAT BILLS DIDN'T GET PAID IN NEW YORK CITY. AND ONE OF THE TAXES THAT
WAS IMPOSED BACK THEN - AND MAYBE IT'S FAMILIAR TO SOME OF YOU WHO
HAVE BEEN HERE FOR AWHILE - WAS A COMMUTER TAX ON PEOPLE FROM NEW
JERSEY. AND NEW JERSEY BROUGHT JIM TO COURT, AND HE SUED THEM --
32
NYS ASSEMBLY JUNE 12, 2019
THEY SUED HIM AND HE WON. AND THE RESULT WAS THAT NEW YORK CITY -
WHICH WAS NOT ON THE VERGE OF COLLAPSE, BUT HAD COLLAPSED - WAS ABLE
TO COME THROUGH THE WORST FISCAL CRISIS ANY MAJOR CITY ON THE GLOBE HAS
EVER FACED. AND IT WAS LARGELY BECAUSE OF THE GOOD WORK OF JIM TULLY.
WHEN HE LEFT THE DEPARTMENT OF TAXATION AND
FINANCE, HE CAME BACK TO THE PRIVATE SECTOR AND HE WAS AN ATTORNEY
WHO REPRESENTED PEOPLE WHO HAD PROBLEMS WITH THE DEPARTMENT OF
TAXATION AND FINANCE. AND I WILL TELL YOU IN A MOMENT HOW I KNOW
ABOUT THAT, BUT WE'LL GET BACK TO THAT. LATER ON IN LIFE, JIM TULLY
BECAME COUNSEL TO THE NEW YORK STATE COMPTROLLER. THAT WAS AN
OFFICE THAT JIM SOUGHT IN THE EARLY 1980'S. HE RAN IN THE DEMOCRATIC
PRIMARY AND WAS SUMMARILY DEFEATED. BUT THEN HE BECAME FRIENDS
WITH THE COMPTROLLER AND SOON WAS AN INVALUABLE COUNSEL TO THAT
OFFICE. LATER ON, AT A TIME THAT MOST OF US ARE LOOKING FORWARD TO -
EXCEPT FOR DICK, WHO'S LOOKING AT BACK AT IT - IN OUR 70S, OUR LATE 70S
WHEN WE'RE THINKING ABOUT RETIREMENT, JIM WAS ASKED BY THE GOVERNOR
TO STEP UP FOR SERVICE AGAIN, AND IN HIS LATE 70S AGAIN BECAME A
COMMISSIONER IN OUR TAX SYSTEM IN NEW YORK STATE, BECOMING A
MEMBER OF THE NEW YORK STATE TAX APPEALS TRIBUNAL, RETIRING JUST
TWO YEARS AGO AT THE AGE OF 85.
SO, LET ME TELL YOU WHAT I KNOW ABOUT JIM TULLY
PERSONALLY. I WILL TELL YOU THAT IN THE MANY, MANY CONVERSATIONS THAT I
HAD WITH HIM, ALMOST ALWAYS, HIS VERY BRIEF TENURE HERE IN THIS HOUSE
CAME UP. ALTHOUGH WHEN I PRESSED HIM FOR DETAILS ABOUT WHAT
HAPPENED THAT YEAR, WE QUICKLY MOVED ON TO OTHER SUBJECTS BECAUSE IT
33
NYS ASSEMBLY JUNE 12, 2019
WAS A DIFFERENT LEGISLATURE THEN. IT WAS A PRE-MEL MILLER, PRE-STANLEY
FINK LEGISLATURE THEN. BUT ONE THING HE DID WAS HE LOVED THIS STATE
DEARLY. AND I KNOW THAT BECAUSE HE GAVE ME MY FIRST LEGAL JOB AFTER
LAW SCHOOL. I BECAME A TAX LITIGATOR BECAUSE OF JIM TULLY, AND HE
SUPPORTED ME IN THAT ROLE. AND WHEN IT CAME TIME FOR HIM TO RUN FOR
STATE OFFICE, I SUPPORTED HIM IN THAT ROLE. AND WHEN HE BECAME A TAX
ADVOCATE, HE BECAME MY ADVERSARY - AND A VERY WORTHY ONE - IN TAX
LITIGATION IN THE STATE OF NEW YORK. AND LATER ON IN LIFE, I CAME TO
KNOW JIM A COUPLE OF OTHERS WAYS, NOT THE LEAST OF WHICH IS THE FACT
THAT HIS FAMILY IS FROM MY COMMUNITY. AND THAT CAME HOME VERY
CLEARLY ABOUT TEN YEARS AGO WHEN I WAS LOOKING TO BUY A HOUSE, AND I
SAW A CUTE LITTLE BRICK HOUSE WITH A "FOR SALE" SIGN OUTSIDE AND I CALLED
UP THE REALTOR. AND THE NEXT THING YOU KNOW, IT WAS JIM TULLY ON THE
OTHER END OF THE PHONE. AND HE OWNED THE HOUSE THAT I ACTUALLY LIVE IN
TODAY.
(LAUGHTER)
MY COLLEAGUES, MANY, MANY PEOPLE PASS THROUGH
THESE DOORS, AND MANY PEOPLE HAVE AN IMPACT IN THIS ROOM, AND YOU'VE
HEARD ABOUT A FEW OF THEM ALREADY, AND YOU WILL PROBABLY HEAR MORE
ABOUT EACH OF THEM VERY SOON. BUT EACH PERSON WHO SERVES HERE
SERVES WITH DISTINCTION AND HAS A LIFE THAT IS SEPARATE AND APART FROM
THIS PLACE AND THAT MAKES THEM GREAT UNTO THEMSELVES. SO, I WOULD JUST
ASK THAT YOU SHARE WITH ME OUR CONDOLENCES TO THE FAMILY OF JIM TULLY;
EILEEN, HIS DAUGHTERS, ANN, LAUREN, SUSAN, KATHLEEN AND HIS SON,
JAMES; HIS BROTHER, MARTY AND HIS SISTER, DR. MARY LOUISE JOHNSON.
34
NYS ASSEMBLY JUNE 12, 2019
AND MAY HE REST IN PEACE.
SPEAKER HEASTIE: MS. DICKENS ON THE
RESOLUTION.
MS. DICKENS: THANK YOU, MR. SPEAKER. I RISE TO
TALK ABOUT HERMAN "DENNY" FARRELL, WHOM I SERVED WITH. HERMAN
REPRESENTED THE NORTHERN PART OF HARLEM AND WASHINGTON HEIGHTS.
LOVINGLY CALLED "DENNY," HE CHAIRED WAYS AND MEANS BEFORE OUR NOW
HELENE WEINSTEIN. DENNY WAS TALL, SLENDER, WITH A COMMANDING SPIRIT
THAT MADE YOU LISTEN. I WANT TO ALSO MENTION, SINCE OUR
ASSEMBLYMEMBER JOE LENTOL MENTIONED MARIE RUNYON - AS THE FIERCE
FIGHTER THAT SHE WAS - I WANT TO THE MENTION THE FIRST BLACK WOMAN WHO
WALKED THESE HALLS, BETSY BUCHANAN. I WANT TO MENTION PERCY ELLIS
SUTTON, WHO SERVED IN THE '60S AFTER MY FATHER, LLOYD E. DICKENS.
PERCY WENT ON TO BECOME AN ENTREPRENEUR THAT BROUGHT THE
REVITALIZATION OF 125TH STREET THAT EVERYBODY ELSE IS NOW TAKING CREDIT
FOR.
I WANT TO TALK ABOUT BASIL PATTERSON, WHO SERVED IN THE
SENATE AND LATER WENT ON TO BECOME OUR LIEUTENANT GOVERNOR. THERE
WAS MARK SELLFALL (PHONETIC). THERE WAS THOMAS K. DICKENS, WHO
SERVED IN THE '40S HERE IN THIS -- THIS RENOWNED HALL OF LEGISLATION. AND
SINCE WE'RE TALKING ABOUT SPEAKER MEL MILLER, THERE WAS GERALDINE L.
DANIELS, WHO SERVED AS SPEAKER PRO TEM IN THE 1970'S AND '80S.
WE HAVE A RENOWNED AND RICH HISTORY ON WHOSE
SHOULDER THAT TODAY WE ALL STAND ON, FOR ALL THAT THEY BROUGHT TO THIS
HOUSE, TO THIS STATE AND TO THIS COUNTRY. SO THESE WERE JUST A FEW OF
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NYS ASSEMBLY JUNE 12, 2019
THE NAMES THAT I WANTED TO -- TO MENTION AND TALK ABOUT BECAUSE THEY
REPRESENTED MY HARLEM. MY WEST HARLEM, MY EAST HARLEM. THESE
ARE PEOPLE WHOM I DID NOT SERVE WITH OTHER THAN DENNY, BUT WHOM I
WAS ABLE TO WALK THE STREETS OF HARLEM WITH, WHO I GREW UP KNOWING.
WHO GOD GAVE ME THE PRIVILEGE OF BEING ABLE TO LEARN FROM THEM.
THANK YOU, MR. SPEAKER, FOR ALLOWING ME THE TIME TO
MENTION THEM.
SPEAKER HEASTIE: MR. AUBRY ON THE RESOLUTION.
MR. AUBRY: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO SPEAK ON THE RESOLUTION. WHEN -- PARTICULARLY ABOUT
JOSÉ, BECAUSE HE WAS BOTH MY COLLEAGUE IN THE ASSEMBLY AND MY
SENATOR WHEN HE MOVED ON. AND I, QUITE FRANKLY, HAVEN'T TALKED MUCH
ABOUT IT BECAUSE HIS PASSING WAS A GREAT SHOCK TO ME. FOR A LOT OF
DIFFERENCE REASONS; ONE, OF COURSE, BECAUSE HE WAS YOUNGER, AND YOU
KNOW, WE WERE DIAMETRICALLY OPPOSED IN HEIGHT. MR. SPEAKER, YOU
KNOW SOMETHING ABOUT THAT.
(LAUGHTER)
SPEAKER HEASTIE: THANKS.
(LAUGHTER)
MR. AUBRY: SO WHEN WE WOULD TAKE PICTURES
TOGETHER, AS OFTEN WOULD HAPPEN, I WOULD HAVE TO EITHER SIT DOWN OR
HE'D HAVE TO STAND ON A CHAIR NEXT TO ME.
(LAUGHTER)
BUT WE HAD KINDRED SPIRITS BECAUSE OF HOW HE SAW HIS
COMMUNITY, OUR COMMUNITY TOGETHER. AND THE SPEAKER OFTEN DOES THE
36
NYS ASSEMBLY JUNE 12, 2019
SAME THING WITH ME.
THE FALL -- THAT TRAGIC FALL WHEN JOSÉ PASSED, WHY -- IN
PART WHY IT WAS SUCH A SHOCK IS BECAUSE I HAD HEALTH PROBLEMS AT THAT
TIME AND, QUITE FRANKLY, WASN'T SURE THAT I WAS GOING TO BE ABLE TO GET
THROUGH THEM. AND I DID. AND IN MY RECOVERY, JOSÉ WAS THERE FOR ME.
WE WOULD GO TO EVENTS TOGETHER, AND I WAS STILL A LITTLE WEAK SO I'D
HAVE TO SIT DOWN AND HE COULD STAND OVER ME, WHICH HE WAS VERY
HAPPY TO DO. HIS LOVE FOR HIS COMMUNITY AND HIS PEOPLE WAS
PARAMOUNT. HIS LOVE FOR HIS FAMILY AND HIS CHILDREN WAS OUTSTANDING.
NO MATTER WHAT THE POLITICAL STRUCTURE HE FACED, HE CHOSE THEM OVER
EVERYTHING ELSE. SO I'M -- NOW THAT WE ARE AT THE END OF THIS SESSION,
THERE ARE A COUPLE OF THINGS THAT ARE GOING TO HAPPEN THAT REMIND ME, AS
WE TALKED ABOUT THE DREAM ACT AND HOW FERVENT AN ADVOCATE HE WAS
FOR IT AND PASSING IT ON TO -- TO FRANCISCO MOYA TO TAKE ON THAT BATTLE IN
THE ASSEMBLY. WE HAD SOME LAST BILLS TOGETHER THAT WENT UNFINISHED.
A PRE-K PROGRAM THAT WOULD BE ATTACHED TO OUR HALL OF SCIENCE, WHICH
IS A BILL THAT WE'RE GOING TO HAVE TO DO. THAT WAS A FAVORITE FOR BOTH OF
US, HAD A LOT OF CONTROVERSY IN THE LOCAL COMMUNITY. BUT HE STOOD UP
TO THAT CONTROVERSY AS WE MOVED TOGETHER BECAUSE WE SAW THAT WAS AN
INVESTMENT IN OUR CHILDREN, WHICH IS WHAT HE WAS ABOUT. HE LOVED THE
CHILDREN OF HIS COMMUNITY, HE LOVED HIS OWN CHILDREN. WE TOOK ON
EVEN MORE CONTROVERSY WHEN WE DECIDED TO TAKE ON THE EXPANSION OF
LAGUARDIA AIRPORT, FOR WHICH I'M GETTING BEAT UP. HE LEFT ME TO TAKE IT
ALL BY MYSELF. BUT JOSÉ BELIEVED IN STANDING FOR WHAT HE THOUGHT WAS
RIGHT. MANY OF THE FOLKS THAT WE HONOR TODAY, SOME OF WHOM I EITHER
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NYS ASSEMBLY JUNE 12, 2019
SERVED WITH OR KNEW IN THEIR CAPACITIES, THAT WAS A COMMON THEME OF
WHO THEY ARE. AND I THINK THAT IT IS THE MEAT OF WHAT BINDS US TOGETHER
AS COLLEAGUES, IS BECAUSE WE COME TO UNDERSTAND THAT WE STAND FOR
WHAT WE BELIEVE, EVEN IF WE DISAGREE. EVEN IF THERE'S A FIGHT AMONGST
US. EVEN IF WE GET ANGRY AT EACH OTHER. WE UNDERSTAND IN OUR ESSENCE,
WHEN YOU'RE IN THIS BODY, YOU'RE HERE BECAUSE YOU STAND FOR WHAT YOU
BELIEVE. AND I WAS ALWAYS TOLD WHEN I GOT HERE - SOMETIMES BY MEL,
SOMETIMES BY SOME OF THE OTHER LONGER-SERVING COLLEAGUES - THAT VOTES
OF CONSCIENCE ARE SUPPOSED TO BE RESPECTED. THERE ARE A LOT OF THINGS
-- IF YOU'RE NOT INVESTED YOU MAY BE MOVED LEFT AND RIGHT. YOU MAY
HAVE TO MAKE NEW INFORMATION. BUT WHERE YOUR CONSCIENCE STANDS IS
WHERE YOU MUST STAND, AND IT MUST BE RESPECTED. AND EACH OF THE
MEMBERS THAT WE HONOR TODAY THAT I KNEW, THAT WAS A HALLMARK OF THEIR
STRENGTH AND WHY THEY WERE HERE.
SO, I'M JUST PLEASED TO PAUSE AT THIS MOMENT TO
REMEMBER THAT, AND TO REMEMBER THE LESSONS THAT THEY HAVE TAUGHT US,
AND THE ESSENTIAL STRENGTH THAT THIS BODY POSSESSES.
MAY THEY ALL REST IN PEACE.
SPEAKER HEASTIE: MR. CRESPO ON THE RESOLUTION.
MR. CRESPO: THANK YOU, MR. SPEAKER. I THINK IT'S
AN INTERESTING OPPORTUNITY TO BE REMINDED, AS SOME OTHERS HAVE
MENTIONED, THE FRAGILITY OF LIFE AND THE SHORTNESS OF IT. OFTENTIMES,
ESPECIALLY WHEN SOMEONE IS LOST AT A YOUNG AGE AND -- AND JUST TO THINK
ABOUT WHAT IT MEANS FOR ALL OF US TO BE COLLEAGUES, TO SERVE, WHAT
LEADERSHIP IS ABOUT AND WHAT A LEGACY MEANS IN REGARDS TO THE WORK
38
NYS ASSEMBLY JUNE 12, 2019
THAT WE DO AND WHAT IT MEANS FOR NEW YORKERS THAT -- MANY OF WHOM
WILL NEVER KNOW OUR NAMES, BUT WILL BE IMPACTED BY OUR DECISIONS AND
OUR ADVOCACY. AND I REMEMBER COMING HERE AS INTERN IN 2003
OBLIVIOUS TO WHAT THE WORK THAT HAPPENED IN THIS ROOM REALLY MEANT TO
ME AND MY LIFE. I WAS A YOUNG KID WHO HAD GONE THROUGH A LOT, AND I
-- THERE WERE THINGS IN MY LIFE THAT MATTERED TO ME. AND THERE WAS A
GROUP OF YOUNG MEN THAT I MET HERE, A GROUP OF FRIENDS -- AND THERE'S A
PHOTO THAT WE'VE BEEN SHARING THAT TOOK PLACE RIGHT BEHIND ME. IT WAS
A YOUNG RUBEN DIAZ, JR., MY PREDECESSOR. THERE WAS A YOUNG CARL
HEASTIE, WHO WASN'T THAT MUCH TALLER THEN, HE WAS SHORTER.
(LAUGHTER)
THERE WAS A YOUNG JOSÉ PERALTA. THERE WERE A COUPLE
OF OTHER COLLEAGUES; LUIS DIAZ WAS IN THAT PHOTO AND FEW OTHERS. AND I
ALWAYS KIND OF LOOK BACK TO THAT PHOTO TO REMIND ME OF HOW I STARTED
HERE. AND WHAT WAS REALLY IMPRESSIVE IS THAT NOT ONLY DID THOSE
FELLOWS, WHEN WE WOULD HANG OUT AND SPEND SOME TIME TOGETHER, TALK
ABOUT ISSUES. THEY REALLY SHOWED ME THAT THEIR WORK WAS DRIVEN BY THE
ISSUES THAT MATTERED TO THEM AND THE COMMUNITIES THAT THEY WOULD
IMPACT. AND I REMEMBER JOSÉ -- YOU KNOW, WE OFTEN TALK ABOUT JOSÉ
THE ACTIVIST AND THE LEGISLATOR WHO FOUGHT FOR THE DREAM ACT, BUT
REMEMBER, HE CAME OUT OF THE LABOR MOVEMENT ALSO, WORKING FOR THE
CENTRAL LABOR COUNSEL AND WAS COMMITTED TO THE NEEDS AND THE FIGHT
OF WORKING MEN AND WOMEN. HE WAS A CHAMPION ON THE MINIMUM
WAGE FIGHT FOR MANY YEARS. AND -- AND THERE ARE A NUMBER OF OTHER
ISSUES THAT HE WAS DEVOTED TO AND COMMITTED TO. AND AS THE LABOR
39
NYS ASSEMBLY JUNE 12, 2019
CHAIR NOW, I OFTENTIMES REFERENCE JOSÉ AND HIS WORK AND THE THINGS
THAT I ASPIRE TO DO AS LABOR CHAIR. BUT JOSÉ ALSO IMPACTED ME IN A -- IN
WAY -- IN A VERY PERSONAL WAY. I'M A PROUD FATHER. JOSÉ ALWAYS TALKED
ABOUT HIS KIDS. EVERY DAY HE TALKED ABOUT HIS FAMILY AND HIS CHILDREN.
I REMEMBER WATCHING RUBEN DIAZ, JR. WOULD SIT -- THIS WAS BEFORE
FACETIME -- WOULD SIT IN HIS OFFICE, WOULD NOT LEAVE UNTIL HE HAD GONE
AND HELPED HIS KIDS WITH HOMEWORK OVER THE PHONE. JOSÉ WOULD
OFTENTIMES TALK ABOUT DOING THE SAME THING, AND HE WOULD SHARE STORIES
ABOUT BEING CRITICIZED IN THE DISTRICT BECAUSE HE CHOSE TO SPEND TIME
WITH HIS CHILDREN INSTEAD OF GOING TO EVERY SINGLE EVENT THAT THE
SPEAKER AND I HAD TALKED ABOUT; THE SACRIFICES WE MAKE FOR OUR
CHILDREN TO BE HERE, TO FIGHT FOR THESE ISSUES.
SO, JOSÉ, I JUST WANT YOU TO KNOW THAT I THANK YOU FOR
SHOWING WHAT IT IS TO BE A FATHER, WHAT IT CAN BE TO BALANCE WORK AND
PERSONAL LIFE. I REMEMBER THAT CALL WHEN YOU MADE THAT DECISION THAT'S
BEEN REFERENCED HERE MORE THAN ONCE. AND I REMEMBER HAVING A
CONVERSATION WITH JOSÉ PRIOR TO THAT POLITICAL DECISION THAT HE MADE,
AND I CAN TELL YOU, IN THAT CONVERSATION HE PROVED TO ME SOMETHING THAT
I ALREADY KNEW, BUT THAT I THINK MAYBE SOME FOLKS HAVE LOST SIGHT OF,
AND IT IS -- CERTAINLY WAS LOST IN THAT LAST CAMPAIGN. JOSÉ WAS NEVER
DRIVEN BY HIS OWN AMBITION. IT WASN'T ABOUT HIM. IT WASN'T ABOUT HIM
ACHIEVING SOMETHING NOBODY ELSE ACHIEVED, EVEN THOUGH HE DID THAT IN
HIS LIFE AS THE FIRST LATINO ELECTED IN QUEENS COUNTY TO THE NEW YORK
STATE ASSEMBLY. AND SOMEBODY WHO GREW UP IN JOSE'S DISTRICT -- I
GREW UP IN QUEENS BEFORE I MOVED TO THE BRONX, AND THAT WAS HOME.
40
NYS ASSEMBLY JUNE 12, 2019
AND HE MADE ME PROUD FOR WHAT -- HOW HE FOUGHT, BECAUSE I WAS -- I
FELT REALLY REFLECTED IN JOSE'S BODY OF WORK. BUT JOSÉ SHAPED ME AS A
LEGISLATOR TO BE PROUD AND UNAPOLOGETIC ABOUT FIGHTING FOR THE PEOPLE I
BELIEVE IN. I -- I TRY TO DO THAT IN ANYTHING I'LL DO WITH REGARDS TO LABOR,
AS THE COMMITTEE CHAIR. BUT CERTAINLY, ALSO I'LL FIGHT FOR IMMIGRANT
RIGHTS. AND IT WASN'T JUST THE DREAM ACT. THERE WERE SO MANY
THINGS THAT JOSÉ FOUGHT FOR. I REMEMBER WATCHING HIM AND ADRIANO
ESPAILLAT LEAD THE FIGHT FOR TRANSLATION SERVICES IN HOSPITALS; SOMETHING
THAT WOULD SEEM SO SIMPLE, YET TURNED INTO A LENGTHY DEBATE AND
DISCUSSION OF WHETHER SPENDING THOSE RESOURCES WAS ACTUALLY IN THE
BEST INTERESTS OF THE STATE. IT WAS TALKING ABOUT SAVING SOMEBODY'S LIFE
IN AN EMERGENCY ROOM. WELL, YES, IT WAS. AND THEY LED THAT FIGHT LIKE
SO MANY OTHERS. BUT AS WE VOTE TODAY ALSO ON OTHER ISSUES, I CAN'T HELP
BUT CONTEMPLATE THAT LATER TODAY WHEN A BILL COMES UP WITH ME AS THE
ASSEMBLY SPONSOR, THAT HAD HE STILL BEEN HERE AND WERE HE STILL LEADING
THE WAY, I HAVE NO DOUBT THAT IT WOULD BE JOSE'S NAME AS MY
COUNTERPART CARRYING ADDITIONAL OPPORTUNITIES FOR OUR IMMIGRANT
FAMILIES IN THIS STATE. I KNOW FOR A FACT THAT IT WOULD BE HIM LEADING
THE WAY, BECAUSE THIS IS WHAT HE STOOD FOR. ALL OF US IN THIS ROOM, HE
WOULD OFTEN WEAR THAT SHIRT, "I AM AN IMMIGRANT." I -- I TOOK A PHOTO
WITH THAT SHIRT TODAY IN REFERENCE TO SOMETHING WE'LL DEAL WITH LATER
TODAY. BUT I LEARNED TO BE A BETTER LEGISLATOR, A BETTER ADVOCATE, AND
CERTAINLY, A BETTER FATHER AND A BETTER HUSBAND BECAUSE OF THE EXAMPLE
THAT SOMEBODY LIKE JOSÉ PERALTA WAS ABLE TO GIVE. AND SO I WANT HIS
FAMILY TO KNOW THAT WE DO LOVE THEM, THAT WE WILL BE THERE FOR THEM
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NYS ASSEMBLY JUNE 12, 2019
AND THAT WE SUPPORT THEM AND ALL OF THE FAMILIES OF THE DECEASED
MEMBERS. THAT THEY SHOULD COUNT ON US MOVING FORWARD. AND
WHETHER I KNEW ANY OF THOSE MEMBERS OR NOT, THERE IS A CERTAIN RESPECT
AND BROTHERHOOD, SISTERHOOD, COMRADERY THAT -- THAT EXISTS WITHIN THIS
CHAMBER IN ALL OF US. DESPITE OUR DISAGREEMENTS, WE ARE A FAMILY THAT
HAS THE OPPORTUNITY TO LEAVE A LEGACY.
JOSÉ PERALTA IS AMONG THOSE THAT LEFT AN INVALUABLE ONE
FOR OUR NEIGHBORHOODS THAT CONTINUES TO SHAPE THE WORK THAT WE DO.
AND I HOPE THAT LATER TODAY, JOSÉ, I CAN MAKE YOU PROUD.
SPEAKER HEASTIE: THANK YOU.
MR. WEPRIN ON THE RESOLUTION.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I'D LIKE TO
TALK ABOUT TWO FORMER MEMBERS; ONE WHO ACTUALLY ALSO PRECEDED DICK
GOTTFRIED. HE ONLY SERVED FOR ONE TERM IN THE ASSEMBLY, I'M TALKING
ABOUT SEYMOUR -- OR AS EVERYBODY REFERRED TO HIM, SY -- BOYERS, WHO
SERVED FOR ONE TERM IN 1967 AND 1968. HE THEN WENT ON TO A CAREER IN
THE CITY COUNCIL, AND THEN A VERY DISTINGUISHED JUDICIAL CAREER. SY AND
HIS WIFE, JOAN, WERE VERY CLOSE PERSONAL FRIENDS OF MY PARENTS, SAUL
AND SYLVIA, AND THEY WOULD OFTEN SOCIALIZE TOGETHER. BUT HE WAS
PROBABLY MORE WELL-KNOWN FOR HIS JUDICIAL CAREER, WHERE HE SERVED ON
THE CIVIL COURT, ON THE SUPREME COURT, AND HAD A DISTINGUISHED CAREER
ON THE APPELLATE DIVISION, THE SECOND DEPARTMENT. HE WAS ALSO VERY
INVOLVED WITH MY FATHER IN FOUNDING CUNY LAW SCHOOL AS A LAW
SCHOOL FOR PUBLIC SERVICE, AND I WILL REMEMBER HIM FOR THAT AS WELL.
I'D ALSO LIKE TALK ABOUT OUR FORMER SPEAKER, MEL
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NYS ASSEMBLY JUNE 12, 2019
MILLER, WHO WAS VERY CLOSE TO MY LATE FATHER. MY FATHER ALWAYS
REFERRED TO HIS BECOMING SPEAKER AS BITTERSWEET BECAUSE IN SOME WAYS
IT WAS AT MEL MILLER'S EXPENSE. AS YOU KNOW, HE HAD A CONVICTION
UNRELATED TO HIS PUBLIC OFFICE WHICH WAS OVERTURNED. MY FATHER ALWAYS
FELT BITTERSWEET ABOUT BECOMING SPEAKER AT THAT TIME BECAUSE HE WAS SO
CLOSE TO MEL. MEL GAVE HIM THE OPPORTUNITY TO SERVE AS WAYS AND
MEANS CHAIR. AND THEY WERE REALLY PARTNERS IN -- IN SO MANY NEW
THINGS THAT THEY DID IN -- WHEN HE BECAME SPEAKER IN 1987. AND -- AND
THEY WERE VERY CLOSE. AND MY MOTHER AND FATHER WOULD SOCIALIZE WITH
-- WITH LIZ AND -- AND MEL VERY OFTEN. BUT I'LL NEVER FORGET, AND MY
FAMILY WILL NEVER FORGET, THE OPPORTUNITY THAT MEL GAVE TO MY LATE
FATHER TO BECOME WAYS AND MEANS CHAIR AND TO REALLY BE A PARTNER IN
SO MANY THINGS THAT HE DID AS SPEAKER. AND I DO REMEMBER VERY WELL,
BECAUSE I KNEW MEL AS A YOUNG -- AS A YOUNG LEGISLATOR, AS A YOUNG
ASSEMBLYMEMBER, AND ALSO SOCIALIZING WITH -- WITH THEM WITH MY
PARENTS, THAT HE WAS REALLY THE SAME PERSON HE WAS BEFORE HE BECAME
AN ASSEMBLYMEMBER, WHEN HE WAS A JUNIOR ASSEMBLYMEMBER, AND
WHEN HE WAS SPEAKER. HE ALWAYS TREATED PEOPLE WITH RESPECT, WITH
DIGNITY. HE DIDN'T HAVE ANY AIRS ABOUT HIM. IN A LOT OF WAYS, MY FATHER
MODELED HIMSELF AFTER THAT AS WELL, BECAUSE HE WAS THE SAME PERSON.
BUT I REALLY WANT TO PAY MY TRIBUTE TO MEL, WHO LEFT US TOO EARLY. MAY
HE -- MAY YOU REST IN PEACE.
SPEAKER HEASTIE: MR. RIVERA ON THE RESOLUTION.
MR. RIVERA: MR. SPEAKER, LISTENING TO HOW WE ARE
-- REMEMBERING THE GOOD WORK OF SO MANY WHO ARE NO LONGER WITH US,
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NYS ASSEMBLY JUNE 12, 2019
VERY QUICKLY, I WILL TRY TO SAY THAT I REMEMBER DENNY FARRELL AS A
GENTLEMAN. BUT I ALSO REMEMBER HIM AS A TOUGH COUNTY LEADER FOR
MANHATTAN. I SHOULD KNOW, BECAUSE WHEN WE ATTEMPTED TO RUN
CANDIDATES THERE, HE MADE IT CLEAR TO US IN THE BRONX THAT WE HAD TO
TALK. AND WE DID. AND THAT'S HOW WE GOT JOSÉ MARCOS SERRANO.
THAT'S A LOT OF GOOD STORY BEHIND THAT.
I WANT TO CONCENTRATE ON MEL MILLER. WHAT WE HAVE
HERE TODAY IS BECAUSE -- AND I HOPE AMONG THE PEOPLE WATCHING US,
SOME CAN RECALL THAT WHEN WE WERE APPROACHED TO CHANGE OR TO ELECT A
NEW SPEAKER, THERE WERE TWO LATINOS THAT STOOD WITH THE IDEA OF
CHANGE. I WAS ONE OF THEM, AND I ASKED, CAN WE WAIT AFTER THE BUDGET
PROCESS, BECAUSE BRONX COUNTY IS NOT WITH YOU, MR. NORMAN ADLER,
POLITICAL DIRECTOR AT THAT TIME OF DC 37. SO, USE MY NAME AFTER THE
BUDGET PROCESS. SOME OF YOU MIGHT GET AN IDEA WHY. JOSEPH ISKOWITZ
CAME TO US, TO BOTH OF US AND -- AND ASKED US FOR SUPPORT FOR MEL
MILLER. AND I SAY THAT THE REASON MANY OF US ARE HERE TODAY IS BECAUSE
WHEN MEL MILLER BECAME SPEAKER, HE WORKED VERY CLOSELY WITH THE
BLACK AND PUERTO RICAN CAUCUS. AND I CAN TELL YOU THAT BEFORE WE
VOTED ON HIM, WE ASKED HIM FOR ONE THING: TO CREATE A TASK FORCE FOR
LATINO ISSUES. THAT'S HOW WE GOT TODAY WHAT IS CALLED THE PUERTO
RICAN HISPANIC TASK FORCE TODAY, AND AS A RESULT, MOST OF THE MEMBERS
THAT ARE HERE TODAY CAN HEAR THAT IT WAS MEL MILLER THAT MADE SO MANY
THINGS POSSIBLE. HE HELPED EMPOWER OUR COMMUNITY. HE HELPED
EMPOWER AFRICAN-AMERICAN AND LATINO.
NOW, IN CONCLUSION, IT IS SAD THAT AFTER WE LEAVE THIS
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NYS ASSEMBLY JUNE 12, 2019
TODAY, REMEMBERING JOSÉ PERALTA -- MY SPEAKER CAN SHARE WITH YOU
GUYS PRIVATELY -- HE WOULD COME TO THE BRONX AND SAY SOME 15 YEARS
AGO, I'M ABOUT TO PROPOSE AND TAKE A POSITION ON A COUPLE OF ISSUES
THAT MY BOROUGH WOULD NOT LOOK FAVORABLE TO. ONE OF THOSE, DREAM
ACT. GUESS WHAT? DRIVER'S LICENSES. SO I'LL MAKE AN APPEAL BECAUSE
I'VE BEEN HEARING THINGS THAT I REFUSE TO BELIEVE, THAT PEOPLE IN A
HIGH-POWERED POSITION ARE ASKING CONSERVATIVE DEMOCRATS - I HOPE I'M
WRONG BECAUSE I READ IT - CONSERVATIVE DEMOCRATS TO VOTE NO ON THE
DRIVER'S LICENSE. SHAME ON YOU IF THAT IS THE TRUTH, IF THAT IS HAPPENING.
GOVERNOR, LEND YOUR VOICE. GIVE US THE SUPPORT FOR THOUSANDS OF
UNDOCUMENTED WORKERS WHO ARE ALL OVER THE STATE, AND THEY WANT AN
OPPORTUNITY TO BE ABLE TO OPENLY EARN A DECENT SALARY --
SPEAKER HEASTIE: MR. RIVERA, CAN YOU PLEASE
KEEP --
MR. RIVERA: -- FOR THE PEOPLE AND FOR THEIR
FAMILIES.
SPEAKER HEASTIE: MR. RIVERA -- MR. RIVERA, CAN
YOU PLEASE KEEP THE COMMENTS TO THE RESOLUTION.
MR. RIVERA: OKAY. THANK YOU, MR. SPEAKER.
THAT'S IT.
SPEAKER HEASTIE: MRS. GALEF ON THE RESOLUTION.
MRS. GALEF: THANK YOU. ALTHOUGH I REMEMBER
COMING UP HERE TO LOBBY MEL MILLER AND DAN WALSH WHEN I WAS
INVOLVED WITH COUNTY GOVERNMENT A LONG TIME AGO, I HAD GREAT RESPECT
FOR WHAT THEY DID IN THE NEW YORK STATE ASSEMBLY. BUT I'M HERE TO
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NYS ASSEMBLY JUNE 12, 2019
SPEAK ABOUT GREG YOUNG. AND GREG YOUNG, I WORKED WITH ON THE
WESTCHESTER COUNTY BOARD OF LEGISLATORS FOR APPROXIMATELY THREE
YEARS WHILE MY HUSBAND WORKED WITH HIM PRIOR TO THAT. AND, YOU
KNOW, THERE WERE SIGNIFICANT ISSUES THAT HE DEALT WITH AT THE COUNTY
LEVEL. WE WERE TRYING TO CREATE A SOLID WASTE SYSTEM IN -- IN THE
COUNTY OF WESTCHESTER. WE HAD NO PLACE TO PUT OUR GARBAGE. HE WAS
VERY MUCH INVOLVED IN THAT ISSUE. WE HAD SEWER ISSUE PROBLEMS, HOW
TO PROTECT OUR HUDSON RIVER AND OUR SOUND. AND, OF COURSE, HE WAS
FROM MOUNT VERNON, TRYING TO PROTECT THAT SIDE OF THE COUNTY, THE
SOUND. WORKING ON HOMELESS ISSUES THAT WERE STARTING TO DEVELOP IN
OUR COUNTY AND OUR STATE. AND, OF COURSE, WORKING ON HEALTH CARE
INSTITUTIONS, WHICH WE HAD A DISCUSSION ABOUT THE OTHER NIGHT. BUT VERY
INVOLVED IN ISSUES THAT WERE REALLY IMPORTANT TO WESTCHESTER. AND THEN
HE CAME TO THE NEW YORK STATE ASSEMBLY, WORKING ON OTHER ISSUES
THAT WERE GOING ON UP HERE. AND WE, AS LEGISLATORS, MANY OF US WOULD
COME UP TO LOBBY GREG YOUNG AND HAVE HIM COME DOWN TO
WESTCHESTER COUNTY TO TALK ABOUT WHAT WAS HAPPENING HERE IN ALBANY.
HE WAS A VERY, VERY CALM MAN. SO WELL-RESPECTED, AS MR. LENTOL HAS
SAID. PEOPLE REALLY ENJOYED BEING WITH GREG YOUNG. HE WAS A
REPRESENTATIVE THAT I THINK WE CAN ALL RELATE TO AND SAY HE WAS A GOOD
MAN, SERVED HIS GOVERNMENT SO WELL AND HIS COMMUNITY SO WELL AND HE
WILL BE MISSED. AND AS YOU KNOW -- YOU MAY NOT KNOW, JOHN
MCDONALD, WHO IS THE NEW YORK STATE TRANSPORTATION COMMISSIONER,
WHO IS NOW CHIEF OF STAFF TO COUNTY EXECUTIVE GEORGE LATIMER, WAS
HIS WIFE AND WONDERFUL PARTNER, AND THE TWO OF THEM HAVE DONE A LOT
46
NYS ASSEMBLY JUNE 12, 2019
FOR US ALL OF US.
SO, ON BEHALF OF THOSE WHO WORKED WITH HIM, I OFFER
MY RESPECT AND CONDOLENCES TO THE FAMILY. THANK YOU.
SPEAKER HEASTIE: MR. CUSICK ON THE RESOLUTION.
MR. CUSICK: THANK YOU. THANK YOU, MR. SPEAKER.
THIS PROCEEDING TODAY IS AN EXAMPLE OF THE GREAT TRADITIONS OF THIS
GREAT HOUSE AND WHAT MAKES US UNIQUE TO OTHER STATE LEGISLATURES
THROUGHOUT THE COUNTRY. AND WHAT ALSO IS AN EXAMPLE OF THIS HOUSE IS
THAT WE ARE A FAMILY. AND PART OF THAT FAMILY IS THE STAFF THAT MAKES THE
EVERYDAY EVENTS IN THIS HOUSE MOVE AND MAKE US LOOK GOOD. AND
TODAY WE ALSO RECOGNIZE STAFF WHO PASSED IN THE LAST YEAR, AND I TAKE
THIS MOMENT TO RECOGNIZE THE STAFF FROM THE ASSEMBLY WHO PASSED IN
THE LAST YEAR. MARY ANN DRAGO, RUTH HARBECK, GENEVA FARMER,
CHRISTINE MORSE-SICKO, SANDRA SHAPARD, PATRICK MCGUIRE, BRENDAN
WILLIAM FITZGERALD, KATHLEEN WISE, ESTHER MARY FORBES TWENTYMAN,
ELAINE BLYDEN, PETER MARTIN, ALEXANDER REM, JR., KIMBERLY
MCCAFFREY, FRANK KENNEDY, MAUREEN LARKIN MCNAMARA.
MR. SPEAKER, AS YOU KNOW, WE ARE A BIG FAMILY HERE IN
THE ASSEMBLY, AND AN INTEGRAL PART OF THAT IS OUR STAFF. BEING A FORMER
STAFFER, I UNDERSTAND AND WE ALL UNDERSTAND THE SACRIFICES THAT OUR STAFF
MAKE TO MAKE THIS BODY LOOK GREAT, AND THEY DON'T ALWAYS GET THE
RECOGNITION THEY DESERVE. AND THAT'S WHY TODAY IT'S IMPORTANT THAT WE
RECOGNIZE THOSE WHO PASSED, AND MAY THEY REST IN PEACE.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. OTIS ON THE RESOLUTION.
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NYS ASSEMBLY JUNE 12, 2019
MR. OTIS: THANK YOU, MR. SPEAKER. I RISE WITH THE
REMEMBRANCE OF ASSEMBLYMAN GREG YOUNG, WHO ASSEMBLYWOMAN
GALEF JUST MENTIONED. GREG YOUNG SERVED IN THE ASSEMBLY FROM 1983
TO 1992, AND DURING THOSE YEARS OVERLAPPED, AND I GOT TO KNOW HIM AS A
STAFF MEMBER IN THE NEW YORK STATE SENATE. AND WHAT I WILL TELL YOU,
AND I THINK WE SHOULD REMEMBER GREG YOUNG FOR TODAY, IS THAT HE WAS
A GOOD COLLEAGUE. A GOOD COLLEAGUE TO HIS SENATOR THAT HE SERVED
WITH, A GOOD COLLEAGUE TO HIS COLLEAGUES HERE IN THIS HOUSE. AND SO
WHEN WE WOULD GO -- WE OVERLAPPED MOUNT VERNON AND -- AND GREG
REPRESENTED MOUNT VERNON AND PART OF YONKERS -- WHEN YOU'D GO TO
GREG YOUNG'S OFFICE TO TALK ABOUT AN ISSUE THAT WE SHARED JOINTLY, HE
HAD A SMILE ON HIS FACE, TOTAL TEAMWORK, A TOTAL ATTITUDE OF HOW ARE WE
GOING TO SOLVE THIS PROBLEM TOGETHER? AND THAT IS A MODEL, I THINK, TO
ALL OF US. HE DIED TOO YOUNG. HE WAS A PUBLIC SERVANT. BEYOND HIS
TIME HERE, HE STARTED AS CORPORATION COUNSEL OF THE CITY OF MOUNT
VERNON, AND SERVED ON THE COUNTY BOARD OF LEGISLATORS AND DID TEN
GOOD YEARS HERE. AND HE IS MISSED BY MANY AND MISSED BY THIS HOUSE.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: THANK YOU, MR. OTIS.
AND TO CONCLUDE, I WANT TO GIVE MY CONDOLENCES AND
-- AND MY PRAYERS TO THE FAMILIES OF ALL OF THE MEMBERS THAT WE LOST IN
THE LAST YEAR. AND AS I'VE ALWAYS SAID, THAT IT IS AN HONOR AND A
PRIVILEGE TO SERVE IN THIS HOUSE. BUT I WANT TO SPEAK PARTICULARLY OF
TWO OF THE DECEASED MEMBERS WHO I HAD PRETTY CLOSE RELATIONSHIPS
WITH. ONE IS MEL MILLER, AND MANY PEOPLE MENTIONED HIM. BUT I'M A
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NYS ASSEMBLY JUNE 12, 2019
MEMBER WHO NEVER SERVED WITH MEL MILLER, BUT I DO REMEMBER, YOU
KNOW, WHEN I GOT ELECTED SPEAKER, EVERYBODY IN THE WORLD WANTED TO
GIVE ME ADVICE. AND I THOUGHT THAT THE FIRST TIME THAT MEL MILLER ASKED
ME FOR A MEETING THAT HE, AGAIN, WOULD BE ONE OF THESE PEOPLE TO OFFER
ME ADVICE. BUT MEL DID NOT DO THAT. THE FIRST THING HE SAID TO ME WAS,
HOW ARE YOU DOING? AND, HOW IS THE JOB TREATING YOU? AND HE AND I
BECAME QUICK FRIENDS AFTER THAT. AND WE WOULD LAUGH, AND HE WOULD
KNOW DURING TOUGH TIMES, WHETHER IT WAS BUDGET TIME OR END OF
SESSION TIME, HE WOULD ALWAYS KNOW SOMETHING TO SAY BECAUSE HE
KNEW FROM EXPERIENCE THAT HE SAT IN THE VERY SAME PLACE THAT I SAT. BUT
NEVER ONE TIME DID MEL MILLER EVER GIVE ME A SUGGESTION OR TOLD ME
WHAT TO DO, WHEN YOU WOULD EXPECT SOMEONE WHO HAD HAD THAT JOB
WOULD BE THE FIRST PERSON TO WANT TO OFFER ADVICE. ALL MEL EVER DID
WAS ALWAYS OFFER ME HIS FRIENDSHIP, AND I THOUGHT THAT WAS VERY, VERY
IMPORTANT, AND IT SHOWED WHAT KIND OF HUMAN BEING THAT MEL MILLER
WAS. AND MEL COULD HAVE DECIDED ONCE -- WHEN HE WAS WRONGLY TAKEN
FROM BEING A MEMBER OF THE LEGISLATURE, HE COULD HAVE SAID, YOU
KNOW, "TO THE HECK WITH THIS BUSINESS", BUT HE FELT ADVOCATING AND
BEING A PART OF THIS PROCESS WAS STILL SO IMPORTANT TO HIM, WHICH AGAIN,
I THINK SHOWED A LOT ABOUT MEL MILLER'S CHARACTER.
AND THEN I WANT TO GET TO MY FRIEND, JOSÉ PERALTA, WHO
WAS ELECTED HERE TO THE ASSEMBLY I THINK TWO YEARS AFTER I WAS ELECTED,
AND AS ASSEMBLYMAN CRESPO MENTIONED, WE WERE PART OF A CREW THAT
WOULD HANG OUT WITH EACH OTHER. AND I KNOW THAT MANY PEOPLE
BELIEVE THAT THE -- THE CHOICE THAT JOSÉ MADE, THE POLITICAL CHOICE THAT
49
NYS ASSEMBLY JUNE 12, 2019
JOSÉ MADE WAS A -- WAS A WRONGFUL CHOICE, AND POLITICALLY, IT TURNED
OUT TO BE THAT WAY. BUT I KNOW IN THE CONVERSATIONS THAT I HAD WITH
JOSÉ, AS ASSEMBLYMAN CRESPO MENTIONED, HE NEVER DID IT FOR THE
TRAPPINGS OF EXCEPT THAT HE THOUGHT THAT BEING IN LEADERSHIP WOULD HELP
HIM REPRESENT HIS CONSTITUENTS BETTER THAN BEING IN THE MINORITY. THAT
WAS HIS ONLY REASON FOR DOING IT. AND CHOOSING TO DO THAT PROBABLY
COST HIM HIS SEAT. BUT EVEN BEING IN THAT POSITION, HE STILL STOOD FOR
VERY TWO VERY IMPORTANT THINGS THAT MEANT A LOT TO SO MANY YOUNG
PEOPLE, INCLUDING FIGHTING FOR THE -- FOR THE DREAM ACT. AND I THINK
IT -- IT WAS APTLY THAT WE NAMED THE DREAM ACT AFTER HIM. AND HE
ALSO COSPONSORED THE BILL WITH -- WITH OUR WONDERFUL MEMBER,
ASSEMBLYMEMBER DEBORAH GLICK, ON THE -- ON THE CAMERAS AROUND --
THE SPEED CAMERAS AROUND THE SCHOOLS. SO FOR WHATEVER PEOPLE THINK
ABOUT JOSE'S POLITICAL CHOICES, I KNOW AS A HUMAN BEING, HE IS SOMEONE
WHO DEEPLY CARED ABOUT HIS COMMUNITY, HIS FAMILY. AND IT IS VERY
TOUGH, AND EVERY TIME I THINK ABOUT HIM -- AND I EVEN RECENTLY WENT TO
HIS -- HIS WIFE HAD A BIRTHDAY PARTY. AND IT WAS JUST -- I JUST WENT THERE
TO -- TO WISH HER WELL. AND I SAW JOSE'S MOTHER, AND I SAW HIS BROTHER.
AND IT JUST STILL IS A SHOCK TO ME TO SEE THEM WITHOUT SEEING JOSÉ THERE.
AND SOMEONE WHO WAS TAKEN SO YOUNG -- TAKEN SO YOUNG AND -- AND
TOO QUICKLY. AND HE DEEPLY, DEEPLY CARED ABOUT HIS CONSTITUENTS. AND
AS I SAID, EVEN AFTER HE LOST, JOSÉ WAS STILL DOING A TURKEY DRIVE FOR HIS
CONSTITUENTS WHEN MOST PEOPLE WHO MAY HAVE LOST THE RACE MAY HAVE
SAID, WELL, THEY DIDN'T WANT ME. I'M GOING TO MOVE ON WITH MY LIFE.
BUT HE STILL WAS REPRESENTING HIS COMMUNITY, EVEN THOUGH HE KNEW HE
50
NYS ASSEMBLY JUNE 12, 2019
HAD LOST HIS PRIMARY AND HE WAS GOING TO BE OUT OF OFFICE IN TWO
MONTHS. THAT SHOWS THE CHARACTER OF JOSÉ PERALTA.
SO, ON THE RESOLUTION HONORING THE MEMBERS OF OUR
DECEASED COLLEAGUES, ALL THOSE MEMBERS WHO ARE IN FAVOR SHALL RISE AND
STAND QUIETLY IN THEIR PLACE.
(WHEREUPON, MEMBERS ROSE.)
THANK YOU. THE RESOLUTION IS ADOPTED.
(PAUSE)
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD NOW GO TO RESOLUTIONS ON PAGE 3. ON ASSEMBLY NO. 442, WE
WILL EXPECT COMMENTS FROM MEMBER ROZIC, AND ON 538 WE WILL EXPECT
COMMENTS FROM MEMBER HYNDMAN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 442, MS.
ROZIC.
LEGISLATIVE RESOLUTION URGING THE NEW YORK STATE
CONGRESSIONAL DELEGATION TO SUPPORT H.R.7062 AND S.3592, RELATING TO
THE NEVER FORGET THE HEROES: PERMANENT AUTHORIZATION OF THE
SEPTEMBER 11TH VICTIM COMPENSATION FUND ACT.
(PAUSE)
ACTING SPEAKER AUBRY: ON -- ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 537, MR.
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NYS ASSEMBLY JUNE 12, 2019
PERRY.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS CARIBBEAN AMERICAN
HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 538, MS.
HYNDMAN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 12-19, 2019, AS SICKLE CELL
DISEASE AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. HYNDMAN ON THE
RESOLUTION.
MS. HYNDMAN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. THE UNITED NATIONS AND THE
WORLD HEALTH ORGANIZATION HAVE RECOGNIZED THAT SICKLE CELL IS A GLOBAL
PUBLIC HEALTH PRIORITY. SICKLE CELL DISEASE IS A CHRONIC HEREDITY BLOOD
DISORDER THAT IT TURNS YOUR BLOOD CELLS INTO THE SHAPE OF A SICKLE, AND
CAN CAUSE DEVASTATION TO -- TO INDIVIDUALS WITH THIS DISEASE. IT CAUSES
FREQUENT PAIN THAT CAN RESULT IN NECROSIS OF THE HIPS, KNEES, ANKLES AND
SHOULDERS. IT CAN CAUSE SEVERE ANEMIA, ACUTE LUNG COMPLICATIONS AND
DIFFICULTY FOR WOMEN WHO ARE PREGNANT OR ARE IN THE CHILDBEARING AGE.
IT CAN DEVELOP RAPIDLY IN THE BLOOD -- IN YOUR BLOOD, CAUSING SEPSIS,
MENINGITIS, STROKE, AND CAN AFFECT CHILDREN, SOME AS YOUNG AS 18
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NYS ASSEMBLY JUNE 12, 2019
MONTHS OLD. AND A LOT OF THESE CHILDREN ARE GOING TO WHAT WE CALL
CRISES IF THEY'RE NOT TAKING CARE OF THEIR HEALTH AND BEING FULLY HYDRATED
AT ALL TIMES. SICKLE CELL DISEASE IS COMMON IN MOST
AFRICAN-AMERICANS, BUT THE DISEASE CAN BE FOUND IN OTHER
DEMOGRAPHICS ALSO: IN THE CARIBBEAN, IN SOUTH AND CENTRAL AMERICA,
IN THE MEDIT -- IN THE MEDITERRANEAN AND IN INDIA.
IT IS CURRENTLY ESTIMATED THAT 100,000 AMERICANS ARE
LIVING WITH THE DISEASE ACROSS THE UNITED STATES, AND TEN PERCENT OF
THOSE PATIENTS RESIDE IN NEW YORK STATE. THE ACTUAL SICKLE CELL DAY IS
JUNE 19TH, BUT BECAUSE OF THE NATURE OF THIS BODY, I WANTED TO MAKE
SURE THAT WE TALK ABOUT IT NOW.
I DO WANT TO THANK THE HEALTH COMMITTEE CHAIR IN THE
ASSEMBLY AND THE SENATE FOR ALLOCATING MORE DOLLARS TOWARDS
ERADICATION OF THIS DISEASE. I WANT NEW YORK STATE TO BE A LEADER WHEN
IT COMES TO MAKING SURE THAT WE'RE PROVIDING TREATMENT FOR THOSE WHO
HAVE SICKLE CELL DISEASE ACROSS THIS STATE. I WANT US TO LEAD TEXAS AND
NORTH CAROLINA AND SOUTH CAROLINA AND THE MONIES WE APPROPRIATE
TOWARDS THE ERADICATION OF THIS DISEASE.
SO I -- I THANK YOU FOR ALLOWING ME TO SPEAK ON THE
RESOLUTION, AND I LOOK FORWARD TO MAKING SURE WE DO MUCH BETTER AS A
STATE IN NEXT YEAR'S BUDGET.
THANK YOU.
ACTING SPEAKER AUBRY: MR. BARRON ON THE
RESOLUTION.
MR. BARRON: I WANT TO THANK THE SPONSOR FOR THIS
53
NYS ASSEMBLY JUNE 12, 2019
RESOLUTION. A LOT OF PEOPLE DIDN'T PAY A LOT OF ATTENTION TO A VERY
SERIOUS DISEASE THAT WAS PARTICULAR TO PEOPLE OF AFRICAN ANCESTRY. BUT
THE BLACK PANTHER PARTY IN THE 1960'S MADE THIS A VERY POPULAR,
POPULAR ISSUE, AND THEY HAD HEALTH CLINICS ACROSS THE NATION, ABOUT 40
HEALTH CLINICS IN 40 STATES ACROSS THE NATION. AND THERE WAS A LOT OF
FOCUS ON SICKLE CELL ANEMIA.
SO I JUST WANT TO COMMEND THE SPONSOR SO THAT WE CAN
ALWAYS REMEMBER THAT THESE KINDS OF ILLNESSES THAT PARTICULARLY AFFECT
PEOPLE OF AFRICAN ANCESTRY SHOULD GET MORE MONEY AND MORE ATTENTION,
BECAUSE AS THE SPONSOR CLEARLY OUTLINED, IT IS VERY, VERY SERIOUS. FOR
THAT, I HIGHLY COMMEND HER AND I SUGGEST THAT ALL OF US SUPPORT THIS
RESOLUTION. VERY TIMELY AND NEEDED.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE, OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 539, MR.
ZEBROWSKI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS MIGRAINE AND HEADACHE
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI ON
THE RESOLUTION.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. AS
WE PASS THI -- HOPEFULLY PASS THIS RESOLUTION TO BRING SOME AWARENESS
TO THIS -- TO THIS PROCESS. MIGRAINES ARE A NEUROLOGICAL DISEASE, ONE
54
NYS ASSEMBLY JUNE 12, 2019
THAT CAN INCAPACITATE INDIVIDUALS. JUST A FEW DETAILS AND STATISTICS THAT I
THINK WOULD BE IMPORTANT TO MY COLLEAGUES AND TO PEOPLE AROUND THE
STATE OR ANYONE THAT'S LISTENING: MIGRAINES ARE AN ILLNESS THAT AFFECTS
APPROXIMATELY 39 MILLION PEOPLE IN THE US AND ONE BILLION PEOPLE
WORLDWIDE. THERE IS APPROXIMATELY 1.2 MILLION ER VISITS EACH YEAR FOR
ACUTE MIGRAINE ATTACKS. THERE'S OVER FOUR MILLION PEOPLE THAT HAVE
CHRONIC DAILY MIGRAINES, AND AMERICAN EMPLOYERS LOSE APPROXIMATELY
$13 BILLION EACH YEAR DUE TO THE 113 MILLION LOST WORKDAYS. AND THEN
MOST IMPORTANTLY, MR. SPEAKER, MY UNDERSTANDING IS THAT THERE -- IN
2017 THERE WERE JUST 500 CERTIFIED HEADACHE SPECIALISTS NATIONWIDE.
OBVIOUSLY, THIS IS SOMETHING THAT AFFECTS A LOT OF NEW YORKERS, A LOT OF
PEOPLE IN OUR DISTRICT. AND WE HOPE BY PASSING THIS RESOLUTION THAT WE
CAN BRING SOME AWARENESS AND POSSIBLY GET SOME ADVANCEMENTS IN THE
TREATMENT OF THIS DISEASE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE, OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 540, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JULY 2019, AS FIBROID AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
55
NYS ASSEMBLY JUNE 12, 2019
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 541, MR.
DENDEKKER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS POST-TRAUMATIC STRESS
INJURY AWARENESS MONTH, AND JUNE 27, 2019, AS POST-TRAUMATIC STRESS
INJURY AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 542, MR.
BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 2019, AS CZECH-AMERICAN
HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THANK YOU
FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS AS I -- ON BEHALF OF OUR
COLLEAGUE, PHIL RAMOS, WE WELCOME SOME GUESTS WHO CAME ALL THE
WAY FROM LONG ISLAND TODAY. THEY ARE HERE FROM THE PERUVIAN
GASTRONOMY RE -- GASTRONOMY ORGANIZATION. THEY ARE WILLIAM DIAZ,
VICKI DIAZ, CYNTHIA DIAZ, MARINA ROSELLA CLARK, ADLINA MONTINEZ,
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NYS ASSEMBLY JUNE 12, 2019
ROMI M. ZONRON, JOSÉ PERETES, NORMA PERETES, BLANCA GARCIA DIAZ,
CHEF DAGO SANCHEZ, ALEXANDRA JILLIAN, CHRIS SANCHEZ, MARIA P. LLOYD,
JOSEPH LLOYD, ALLEJANDRO ROMAN, CHEF IZEKIAL VALENCIA, AND HUGO
DELZELLA.
MR. SPEAKER, THESE ARE HONORABLE FOLKS WHO HAVE
JOINED US FROM -- NOT JUST FROM LONG ISLAND, BUT FROM AROUND THE
WORLD. WOULD YOU PLEASE WELCOME THEM TO OUR CHAMBERS [SIC] AND
OFFER THEM THE FULL CORDIALITIES OF THE HOUSE.
AND BE AWARE, MEMBERS AND COLLEAGUES, THAT THESE
MEMBERS -- THESE FOLKS WILL BE HONORED IN A PRIVILEGED RESOLUTION THAT
WE WILL PASS AT THE END OF OUR SESSION TODAY. AND SO, ON BEHALF OF MR.
RAMOS AND THE PERUVIAN FOOD FESTIVAL, PLEASE WELCOME THESE
WONDERFUL FOLKS TO OUR CHAMBERS [SIC].
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. RAMOS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE
TO THE NEW YORK STATE ASSEMBLY, WE EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. THIS IS THE PEOPLE'S HOUSE, YOU ARE ALWAYS WELCOME HERE.
AND WE LOOK FORWARD TO ENJOYING SOME VERY DELICIOUS FOOD THAT YOU
WILL PROVIDE FOR US LATER IN THE DAY. LOTS OF APPETITES IN THIS HOUSE.
THANK YOU SO VERY MUCH. BUENOS DIAS.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD NOW GO TO PAGE 6, RULES REPORT NO. 91 BY MR. BRONSON.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
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NYS ASSEMBLY JUNE 12, 2019
THE CLERK: ASSEMBLY NO. A00648-A, RULES
REPORT NO. 91, BRONSON, BARRON, ABINANTI, D'URSO, WEPRIN, WALLACE,
BUTTENSCHON, ROZIC, SANTABARBARA, FAHY, LUPARDO, RYAN, HUNTER,
STECK, GUNTHER, LIFTON, STIRPE, ROMEO, JONES, MCDONALD, MAGNARELLI,
BURKE, MCMAHON, BARRETT, WOERNER, COLTON. AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO MAKING CARE AND SERVICES PROVIDED
BY LICENSED MENTAL HEALTH PRACTITIONERS ELIGIBLE FOR COVERAGE UNDER THE
MEDICAID PROGRAMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00972-A, RULES
REPORT NO. 92, L. ROSENTHAL, JACOBSON, DENDEKKER. AN ACT TO AMEND
THE INSURANCE LAW, IN RELATION TO PROHIBITING CO-PAYMENTS FOR
TREATMENT AT AN OPIOID TREATMENT PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IT DID TAKE
A WHILE, BUT THIS IS OUR FIRST VOTE OF TODAY. SO IF WE COULD PLEASE -- IF
YOU'RE IN AND AROUND THE CHAMBERS [SIC], COME IN, CAST YOUR VOTE. IN
THE CHAMBERS [SIC], CAST YOUR VOTE. FIRST VOTE OF TODAY. THANK YOU
ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,
MEMBERS. IF YOU ARE IN YOUR SEATS, PLEASE VOTE NOW. IF YOU'RE IN THE
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NYS ASSEMBLY JUNE 12, 2019
SOUND OF OUR VOICE, PLEASE COME INTO THE CHAMBER AND CAST YOUR VOTE.
QUICKLY. WE HAVE LOTS OF WORK TODAY, LADIES AND GENTLEMEN. LET'S GO.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE CALL THE REAL PROPERTY AND [SIC] TAXATION COMMITTEE TO
THE SPEAKER'S CONFERENCE ROOM. MRS. GALEF IS ON HER WAY.
ACTING SPEAKER AUBRY: REAL PROPERTY TAX IN
THE SPEAKER'S CONFERENCE [SIC]. MRS. GALEF IS ON HER WAY. PLEASE
FOLLOW QUICKLY.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01151, RULES REPORT
NO. 93, GOTTFRIED, DINOWITZ, PAULIN, SCHIMMINGER, ORTIZ, JAFFEE,
D'URSO, ABINANTI, SAYEGH, DESTEFANO, SALKA, BARRON. AN ACT TO AMEND
THE PUBLIC HEALTH LAW, IN RELATION TO AUTHORIZING THE COMMISSIONER OF
HEALTH TO MAKE GRANTS TO BE USED FOR THE COSTS OF CONDUCTING A LOCAL
BLOOD DONATION DRIVE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
IF YOU'RE IN THE CHAMBER, THIS IS THE SECOND VOTE. THE
59
NYS ASSEMBLY JUNE 12, 2019
QUICKER YOU VOTE, THE MORE BUSINESS WE WILL GET DONE. MEMBERS ARE
REMINDED, VOTE NOW, PLEASE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01307-A, RULES
REPORT NO. 94, L. ROSENTHAL, STECK, D'URSO, ARROYO, STERN, BRABENEC,
LAVINE, MAGNARELLI, BARRON, REYES. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO FOOD ALLERGY AWARENESS IN FOOD SERVICE
ESTABLISHMENTS AND ONLINE FOOD ORDERING SERVICES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01320-A, RULES
REPORT NO. 95, CAHILL, JACOBSON, D'URSO. AN ACT TO AMEND THE
ELECTION LAW, IN RELATION TO CANVASS OF BALLOTS CAST BY CERTAIN VOTERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER FERNANDEZ: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 12, 2019
LOCAL GOVERNMENTS COMMITTEE IN THE SPEAKER'S
CONFERENCE ROOM. PLEASE, AND THANK YOU.
THE CLERK: ASSEMBLY NO. A01772-A, RULES
REPORT NO. 96, PEOPLES-STOKES, CRESPO, RODRIGUEZ, WEPRIN, PERRY,
DICKENS. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO ASSESSMENT
OF THE RECORD OF PERFORMANCE OF BANKING INSTITUTIONS IN HELPING TO MEET
THE CREDIT NEEDS OF LOCAL COMMUNITIES.
ACTING SPEAKER FERNANDEZ: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A01801-A, RULES
REPORT NO. 97, PHEFFER AMATO, D'URSO, ORTIZ, COOK, COLTON, JONES,
NOLAN, GRIFFIN, DENDEKKER. AN ACT TO AMEND THE EDUCATION LAW,
RELATION TO PROVIDING FOR THE OBSERVANCE OF SEPTEMBER 11TH
REMEMBRANCE DAY AND PROVIDING FOR THE OBSERVANCE OF A BRIEF PERIOD
OF SILENCE IN PUBLIC SCHOOL CLASSROOMS AT THE OPENING OF SUCH DAY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02037-A, RULES
REPORT NO. 98, GUNTHER. AN ACT DIRECTING THE DEPARTMENT OF PUBLIC
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NYS ASSEMBLY JUNE 12, 2019
SERVICE TO STUDY THE FEASIBILITY OF A MUNICIPAL BROADBAND PROGRAM
WITHIN THE STATE.
ACTING SPEAKER AUBRY: THE BILL IS -- EXCUSE
ME.
ON A MOTION BY MRS. GUNTHER, THE SENATE BILL IS
BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02226-A, RULES
REPORT NO. 99, CAHILL. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION
TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM THE "JOHN 'JODY'
ROSSITZ MEMORIAL BRIDGE."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02284, RULES REPORT
NO. 100, GUNTHER. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING THE TOWN OF WALLKILL TO ADOPT A HOTEL OR MOTEL TAX OF UP TO
5 PERCENT; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. THE BILL IS LAID ASIDE.
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NYS ASSEMBLY JUNE 12, 2019
THE CLERK: ASSEMBLY NO. A02468-C, RULES
REPORT NO. 101, WALLACE, DENDEKKER. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO REQUIRING THAT A HOMEOWNER BE PROVIDED A
COST ESTIMATE FOR INSTALLATION OF A FIRE SPRINKLER SYSTEM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02559, RULES REPORT
NO. 102, GLICK, L. ROSENTHAL, M.G. MILLER, SEAWRIGHT, OTIS. AN ACT TO
AMEND THE TAX LAW AND THE STATE FINANCE LAW, IN RELATION TO
PROVIDING A TAX CHECK-OFF BOX ON PERSONAL INCOME TAX AND CORPORATE
FRANCHISE TAX RETURNS FOR GIFTS TO THE NEW YORK STATE HORSE RETIREMENT
AND RESCUE FUND; AND DIRECTING THE COMMISSIONER OF AGRICULTURE AND
MARKETS TO COMPILE A LIST OF APPROVED HORSE RETIREMENT AND RESCUE
PROGRAMS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2021.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE CALL THE ELECTION LAW COMMITTEE TO THE SPEAKER'S
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NYS ASSEMBLY JUNE 12, 2019
CONFERENCE ROOM. I BELIEVE MR. LAVINE IS ALREADY THERE.
ACTING SPEAKER AUBRY: ELECTION LAW
COMMITTEE, SPEAKER'S CONFERENCE ROOM, PLEASE, IMMEDIATELY.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: AND, MR. SPEAKER, ON
BEHALF OF OUR COLLEAGUES NICK PERRY, DIANA RICHARDSON AND MARITZA
DAVILA, WE WOULD LIKE TO WELCOME TO OUR CHAMBERS [SIC] SOME VERY
SPECIAL GUESTS FROM LITERALLY ALL OVER THE WORLD. MR. SPEAKER, WE HAVE
HIS EXCELLENCY JUAN AVILA CABELLOS. HE IS THE AMBASSADOR TO THE
UNITED NATIONS FOR THE DOMINICAN REPUBLIC. WE HAVE THE CONSUL
GENERAL BARBARA ATHERLY FROM GUYANA. WE HAVE THE CONSUL GENERAL
LISA BRYAN-SMART FROM JAMAICA. WE HAVE THE CONSUL GENERAL HOWIE
PRINCE, SAINT VINCENT AND GRENADINES. AND WE HAVE THE CONSUL
GENERAL OLSON DALLAWAY, SAINT VINCENT AND THE GRENADINES. VICE
CONSUL, INVESTMENT AND TRADE PROMOTIONS, BERNADETTE AMBROSE
BLACK, SAINT VINCENT AND THE GRENADINES. AND CONSUL GENERAL ANDRE
LAVEAU FROM TRINIDAD AND TOBAGO.
MR. SPEAKER, THE WEST INDIAN AMERICAN DAY CARNIVAL
ASSOCIATION IS HERE AS WELL. WE HAVE THE PRESIDENT, JEAN JOSEPHS; THE
VICE PRESIDENT, ANGELA SEELEY; THE OFFICIAL DJ FOR LABOR DAY, DJ RED
MAN; AND JONATHAN DJ NAJI JAHEEN.
MR. SPEAKER, WOULD YOU PLEASE WELCOME THESE
AWESOME, OUTSTANDING GUESTS TO OUR CHAMBERS [SIC], GIVE THEM THE
COURTESIES OF THE FLOOR AND EXTEND YOUR WELCOME.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
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NYS ASSEMBLY JUNE 12, 2019
OF MEMBERS PERRY, RAYNOR, RICHARDSON AND ROMERO [SIC], WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. ON BEHALF OF THE SPEAKER AND ALL THE
MEMBERS, WE ARE PLEASED TO SHARE THIS TIME WITH YOU. YOU HAVE
GRACED US WITH YOUR PRESENCE. TO THOSE CONSUL GENERALS FROM ALL OF
THOSE COUNTRIES, THANK YOU FOR THE SERVICE THAT YOU PROVIDE YOUR
COUNTRY AND THE RELATIONSHIPS THAT YOU HAVE CREATED WITH OURS. THANK
YOU SO VERY MUCH. YOU ARE ALWAYS WELCOME HERE.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, ON BEHALF
OF OUR COLLEAGUE, MR. EICHENSTEIN, WE HAVE MEMBERS OF THE
METROPOLITAN COUNCIL ON JEWISH POVERTY. THEY ARE IN THE CHAMBERS
[SIC]. THE METROPOLITAN COUNCIL, AS YOU KNOW, MR. SPEAKER, SERVES
OVER 200,000 CLIENTS THROUGHOUT THE 16 COMMUNITY JEWISH COUNCILS IN
EACH OF THE FIVE BOROUGHS OF THE GREAT CITY OF NEW YORK. THEY WORK
ON AFFORDABLE HOUSING, CRISIS INTERVENTION, FAMILY VIOLENCE SERVICES AND
IMMIGRATION SERVICES, AS WELL AS A FOOD DISTRIBUTION.
MR. SPEAKER, IF YOU COULD WELCOME ALEX WO,
MICHAEL DAVIS, DAVID LAZARUS, WILLIE PINKO AND DAVID SCHWARTZ TO
OUR CHAMBERS [SIC] ON BEHALF OF OUR MEMBER EICHENSTEIN.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. EICHENSTEIN, MS. RICHARDSON, I THINK, WHO IS BACK THERE WITH
YOU, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS DISTINGUISHED
GROUP HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
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NYS ASSEMBLY JUNE 12, 2019
PRIVILEGES OF THE FLOOR. THANK YOU FOR THE SERVICES THAT YOU PROVIDE THE
MANY COMMUNITIES IN NEW YORK CITY AND THE STATE. AGAIN, CONTINUE
YOUR GREAT WORK. YOU ARE ALWAYS WELCOME HERE. THANK YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WE HAVE
BEEN JOINED BY SOME YOUNG PEOPLE. THIS IS A GROUP OF STUDENTS FROM
THE PUBLIC SCHOOL IN MR. DILAN'S DISTRICT. IN FACT, HIS OWN SON IS ONE OF
THE STUDENTS IN THIS FIFTH-GRADE CLASS, DANIEL DILAN. SO, MR. SPEAKER,
THEY'RE JOINED -- OR CHAPERONED, I SHOULD SAY, BY MR. GALASSI, MR.
HEALEY, MR. TABBITA, AND MR. GROSSARTH, WHO ARE THE TEACHERS. AND
THESE ARE STUDENTS AT PUBLIC SCHOOL NUMBER 65. FIFTH GRADERS, THAT'S
THE BEST GRADE EVER, MR. SPEAKER.
IF YOU WOULD WELCOME THEM TO OUR CHAMBERS [SIC].
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. DILAN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS GREAT
FIFTH GRADE HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THIS IS THE PEOPLE'S HOUSE. YOU ARE ALWAYS
WELCOME HERE. WE'RE SO PROUD TO HAVE YOU. HOPE THAT YOU HAVE HAD A
GREAT ACADEMIC YEAR AND WILL HAVE EVEN BETTER A SUMMER. AND TO THE
YOUNG MR. DILAN, YOU'RE FAMILY. YOU'RE ALWAYS HERE. I SEE YOU HIDING
IN THE BACK THERE. MAKE YOUR FATHER VERY PROUD. THANK YOU SO VERY
MUCH. AND TO THOSE WHO HAVE SUPERVISED YOU, THANK YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 12, 2019
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD CONTINUE OUR WORK ON PAGE 12, RULES REPORT NO. 118 BY MR.
CRESPO ON DEBATE.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03675-B, RULES
REPORT NO. 118, CRESPO, NOLAN, GLICK, DINOWITZ, L. ROSENTHAL,
ABINANTI, SIMOTAS, QUART, SEAWRIGHT, SIMON, GOTTFRIED,
PEOPLES-STOKES, WEPRIN, MOSLEY, DE LA ROSA, HYNDMAN, PERRY,
JAFFEE, DILAN, WALKER, DICKENS, ORTIZ, BRONSON, EPSTEIN, SAYEGH,
RAMOS, PICHARDO, BUCHWALD, THIELE, CRUZ, OTIS, MAGNARELLI, JACOBSON,
CARROLL, REYES, NIOU, PAULIN, FERNANDEZ, BENEDETTO, TAYLOR, RAYNOR,
ARROYO, RODRIGUEZ, HEVESI, PRETLOW, DENDEKKER, LIFTON,
D. ROSENTHAL, RIVERA, CAHILL, BLAKE, JEAN-PIERRE, KIM, HUNTER, DAVILA,
STECK, RICHARDSON, GALEF, JOYNER, FALL, LAVINE, FRONTUS, BARRON,
O'DONNELL, WRIGHT, SOLAGES, FAHY, GANTT. AN ACT TO AMEND THE
VEHICLE AND TRAFFIC LAW, IN RELATION TO THE ISSUANCE OF
NON-COMMERCIAL DRIVERS' LICENSES AND LEARNERS' PERMITS; AND TO REPEAL
CERTAIN PROVISIONS OF SUCH LAW RELATING TO DRIVER'S LICENSE APPLICATIONS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. CRESPO. BUT BEFORE WE BEGIN THAT, LADIES AND
GENTLEMEN, WE ARE ON DEBATE. PLEASE, MEMBERS WHO ARE IN THE
CHAMBER, PLEASE TAKE YOUR SEAT. CONVERSATIONS THAT ARE BEING HAD IN
THE CHAMBER SHOULD BE TAKEN OUTSIDE OR CEASED. THANK YOU VERY
MUCH.
PROCEED, MR. CRESPO.
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NYS ASSEMBLY JUNE 12, 2019
MR. CRESPO: THANK YOU, MR. SPEAKER. THE
DRIVER'S LICENSE ACCESS AND PRIVACY ACT, AKA 3675-B OR OTHERWISE
KNOWN AS THE "GREEN LIGHT NEW YORK" BILL, WOULD DO A NUMBER OF
THINGS: THIS BILL EXPANDS THE PROOFS OF IDENTITY TO APPLY FOR A STANDARD
DRIVER'S LICENSE, WHICH IS A NON-COMMERCIAL DRIVER'S LICENSE AND DOES
NOT MEET FEDERAL STANDARDS FOR IDENTIFICATION. AND APPLICANTS WHO
LACK A SOCIAL SECURITY NUMBER MAY INSTEAD SUBMIT A SIGNED AFFIDAVIT
THAT THEY HAVE NOT BEEN ISSUED A SOCIAL SECURITY NUMBER. THE PROOFS
UNDER THIS BILL THAT WOULD BE ACCEPTABLE TO DMV IN LIEU OF THAT SOCIAL
SECURITY NUMBER WOULD BE A VALID UNEXPIRED FOREIGN PASSPORT ISSUED
BY THE APPLICANT'S COUNTRY OF CITIZENSHIP; A VALID, UNEXPIRED CONSULATE
IDENTIFICATION DOCUMENT ISSUED BY A CONSULATE FROM THE APPLICANT'S
COUNTRY OF CITIZENSHIP; A VALID FOREIGN DRIVER'S LICENSE THAT INCLUDES THE
APPLICANT'S PHOTO IMAGE AND WHICH IS EITHER UNEXPIRED OR HAS EXPIRED
FOR LESS THAN 24 MONTHS FROM ITS DATE OF EXPIRATION. THE BILL RESTRICTS
THE DISCLOSURE OF PERSONAL INFORMATION FROM STANDARD DRIVER'S LICENSE
APPLICATIONS, THE SOURCE DOCUMENTS SUBMITTED WITH APPLICATIONS AND
WHETHER OR NOT A DRIVER'S LICENSE OR LEARNER'S PERMIT MEETS OR DOES NOT
MEET FEDERAL STANDARDS FOR IDENTIFICATION. HOWEVER, DISCLOSURE WOULD
BE PERMITTED TO THE INDIVIDUAL WHO IS THE SUBJECT OF THE RECORDS WHERE
REQUIRED UNDER THE NATIONAL DRIVER REGISTER OR TO COMPLY WITH A LAWFUL
COURT ORDER OR JUDICIAL WARRANT SIGNED BY A FEDERAL JUDGE, OR SUBPOENA
ISSUED UNDER STATE LAW. THE BILL ALSO RESTRICTS THE RELEASE OF DMV
RECORDS TO AGENCIES PRIMARILY ENFORCING IMMIGRATION LAW. HOWEVER,
DISCLOSURE WOULD BE PERMITTED WHERE NECESSARY FOR THE COMMISSIONER
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NYS ASSEMBLY JUNE 12, 2019
TO ISSUE ENHANCED AND REAL ID DRIVER'S LICENSES, AND PURSUANT TO
COOPERATIVE CITY, STATE, FEDERAL ARRANGEMENTS THAT IS NOT ENFORCING
IMMIGRATION LAW, AND THE DISCLOSURE IS LIMITED TO THE SPECIFIC RECORDS
SOUGHT UNDER THE ARRANGEMENT. THERE ARE A FEW OTHER PROVISIONS THAT
I'M SURE WE'LL DISCUSS AS THE QUESTIONS COME UP, BUT I DO WANT AS PART
OF THE EXPLANATION TO CLARIFY ALSO THAT -- WHAT THIS BILL DOES NOT DO.
THIS BILL DOES NOT PROVIDE A PATHWAY TO CITIZENSHIP. THIS BILL DOES NOT
EXTEND VOTING RIGHTS TO NONCITIZENS. THIS BILL DOES NOTHING MORE THAN
REAUTHORIZE WHAT HAD BEEN ALLOWED UNDER STATE LAW AND DMV
REGULATIONS FOR DECADES, WHICH IS THE OPPORTUNITY TO SECURE A DRIVER'S
LICENSE WITHOUT A SOCIAL SECURITY NUMBER. IT IS A BILL THAT WILL HAVE
ECONOMIC -- POSITIVE ECONOMIC BENEFITS FOR THE STATE OF NEW YORK. IT
IS A BILL THAT WILL HELP ADDRESS THE RISING INSURANCE PREMIUMS ACROSS
THIS STATE, AND WILL, IN OUR OPINION, LEAD TO A REDUCTION IN INSURANCE
COSTS FOR ALL DRIVERS. AND MORE THAN ANYTHING ELSE, IT IS A BILL THAT
ENHANCES THE PUBLIC SAFETY OF OUR ROADWAYS FOR ALL NEW YORKERS. AND
-- AND THAT IS KNOWN THROUGH THE EXPERIENCE OF THOSE STATES THAT HAVE
ALREADY AUTHORIZED THESE PROVISIONS AND THE REDUCTION IN HIT-AND-RUNS
AND OTHER ACCIDENTS THAT HAVE OCCURRED IN THEIR ROADWAYS.
AND SO, I HOPE THAT GIVES A BROAD EXPLANATION, BUT I'M
SURE WE'LL DISCUSS IT FURTHER.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
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NYS ASSEMBLY JUNE 12, 2019
CRESPO?
MR. CRESPO: CERTAINLY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: THANK YOU VERY MUCH. AND I KNOW A
NUMBER OF MY COLLEAGUES HAVE QUESTIONS, BUT I'M GOING TO TRY TO JUST
GO THROUGH SOME OF THE BASICS AND THEN I'LL -- I'LL LEAVE IT TO -- TO SOME
OF THEM. SO YOU TALKED ABOUT, FIRST AND FOREMOST, THE PROOF OF IDENTITY
THAT HAS TO BE SUBMITTED UNDER THIS BILL. AND IN PARTICULAR, YOU KNOW,
THE CHANGING OF -- OF THE REQUIREMENT IN TERMS OF WHAT NEEDS TO BE
SUBMITTED. PART OF WHICH IS, YOU KNOW, THIS LIST OF DOCUMENTS, AND I --
AND I -- I ASSUME OR I BELIEVE IN THE TEXT OF THE BILL, THE COMMISSIONER
MIGHT BE ABLE TO DETERMINE IN THE FUTURE THAT OTHER DOCUMENTS MIGHT BE
CAPABLE OF BEING USED?
MR. CRESPO: YES.
MR. RA: OKAY. AND THEN THERE'S THIS PIECE FOR A
[SIC] AFFIDAVIT BY THE APPLICANT THAT THEY'VE BEEN ISSUED A SOCIAL -- THAT
THEY HAVE NOT BEEN ISSUED A SOCIAL SECURITY NUMBER. WOULD THAT BE,
YOU KNOW, A FORM THAT WOULD BE PROVIDED BY THE DMV OR WOULD THAT
BE ON A FORM?
MR. CRESPO: IT COULD BE ON THE APPLICATION ITSELF OR
IT COULD BE REQUESTED AS A SEPARATE DOCUMENT TO BE SUBMITTED ALONGSIDE
THE APPLICATION.
MR. RA: OKAY. AND MY UNDERSTANDING IS, YOU
KNOW, FOR -- FOR DIFFERENT TYPES OF -- OF IDENTIFICATIONS AND DRIVER'S
LICENSES AND EVEN HOW SOME OTHER STATES HAVE GONE ABOUT THIS THAT
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NYS ASSEMBLY JUNE 12, 2019
THERE -- THERE MIGHT BE AN OPPORTUNITY WHERE SOMEBODY SUBMITS --
ACTUALLY HAS TO SUBMIT AND GET, YOU KNOW, A LETTER FROM SOCIAL SECURITY
SAYING YOU'RE NOT ELIGIBLE FOR -- FOR A DRIVER'S LICENSE. THAT WOULD NOT
BE THIS, THOUGH. THIS WOULD JUST BE AN AFFIDAVIT THAT THE PERSON WOULD
SIGN.
MR. CRESPO: THIS WOULD BE AN AFFIDAVIT, AS THERE
ARE OTHER AFFIDAVITS AS PART OF THE APPLICATION ALREADY, THAT WOULD SIGNAL
THAT THAT INDIVIDUAL AFFIRMS THAT THEY HAVE NOT BEEN ISSUED A SOCIAL
SECURITY NUMBER.
MR. RA: OKAY. IS THERE ANY REQUIREMENT AS THE
PERSON IS APPLYING THAT THEY DO ANY TYPE OF AFFIDAVIT OR REPRESENTATION
THAT THEY INTEND TO FILE FOR CITIZENSHIP SHOULD THEY BECOME ELIGIBLE, LIKE
WE DID WITH THE DREAM ACT?
MR. CRESPO: NO, THAT IS NOT A PART OF THIS BILL.
MR. RA: OKAY. AND WITH REGARD TO THESE RECORDS,
ONCE THEY'RE GIVEN TO THE DMV, I KNOW MY, YOU KNOW, MY EXPERIENCE
GOING THERE LAST FALL WHEN MY LICENSE EXPIRED, YOU KNOW, THEY SCANNED
SOME DOCUMENTATION THAT I GAVE THEM. OF COURSE, I -- I WAS APPLYING
FOR, I GUESS, THE ENHANCED AT THE TIME. BUT WHAT -- WHAT TYPE OF RECORD
RETENTION WOULD BE DONE HERE ON THESE TYPE OF PROOFS THAT ARE BEING
SUBMITTED?
MR. CRESPO: WELL, A COUPLE OF THINGS TO -- TO POINT
OUT. IN THE INSTANCE YOU -- YOU SUGGESTED, FEDERAL LAW REQUIRES FOR THE
ENHANCED OR -- OR THOSE LICENSES THAT MEET FEDERAL REQUIREMENTS OR
FEDERAL IDENTIFICATION, THERE IS A MANDATE THAT CERTAIN DOCUMENTS BE
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NYS ASSEMBLY JUNE 12, 2019
KEPT AS PART OF THAT PROCESS AND THAT APPLICATION. THAT IS NOT BEING
CHANGED HERE. WHAT IS NOT CURRENTLY IN REGULATION IS ANY REQUIREMENT
FOR DMV TO MAINTAIN SOURCE DOCUMENTS, AND THERE'S EVEN A -- AN
UNDERSTANDING, THEY DON'T EVEN HAVE TO KEEP THE APPLICATION ITSELF
CURRENTLY FOR STANDARD DRIVER'S LICENSES. AND SO TO ANSWER YOUR
QUESTION, IN YOUR INSTANCE, THEY WERE KEEPING THOSE DOCUMENTS AND
SCANNED THEM BECAUSE FEDERAL LAW MANDATES IT. THAT HAS NOT BEEN THE
PRACTICE BY DMV FOR STANDARD LICENSES IN THE PAST. I DON'T BELIEVE
THEY'RE DOING THAT TODAY, AND UNDER THIS BILL IT WOULD BE MADE CLEAR THAT
THE DOCUMENTS ARE ONLY TO BE KEPT UNTIL THEY ARE VERIFIED. IT'S NOT THAT
DIFFERENT THAN WHEN I APPLIED FOR MY LICENSE THE FIRST TIME. ONE OF THE
THINGS I GAVE THEM WAS MY BIRTH CERTIFICATE. THEY TOOK A GLANCE AT IT,
VERIFIED THAT IT WAS A LEGITIMATE BIRTH CERTIFICATE AND HANDED IT RIGHT
BACK TO ME. IT NEVER WENT IN A FILE. NOT THAT DISSIMILAR.
MR. RA: OKAY. BUT UNDER CURRENT LAW, YOU'RE SAYING
THEY DON'T KEEP IT. IS THERE ANY DIRECTION IN CURRENT LAW THAT SAYS THEY
CAN'T KEEP IT OR THEY SHOULDN'T KEEP IT, THE DOCUMENTS?
MR. CRESPO: NO. THERE IS NO REGULATION THAT STATES
THAT THEY MUST MAINTAIN THOSE RECORDS OR KEEP THOSE RECORDS. IT -- IT IS
IN LAW FOR FEDERAL-COMPLIANT IDENTIFICATION.
MR. RA: WHICH WOULD BE EITHER THE -- THE REAL ID --
MR. CRESPO: REAL ID OR ENHANCED.
MR. RA: -- OR ENHANCED. CORRECT. SO UNDER THIS,
THOUGH, IT -- IT -- IT WOULD BE EXPLICIT THAT THEY ARE NOT TO RETAIN THE
DOCUMENTS, CORRECT?
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MR. CRESPO: UNDER THIS BILL, WE SIMPLY STATE THAT
SOURCE DOCUMENTS SHOULD ONLY BE RETAINED FOR THE TIME NECESSARY TO
PROVE THEIR VALIDITY.
MR. RA: OKAY. AND, YOU KNOW, IN TERMS OF
DOCUMENTS THAT MAY HAVE BEEN ISSUED BY, YOU KNOW, A FOREIGN
GOVERNMENT OR OTHER ENTITY, WHAT IS THAT VERIFICATION PROCESS? I MEAN,
IT MIGHT BE -- DOES IT REALLY DEPEND ON WHERE IT'S COMING FROM IN TERMS
OF -- OR THE DEPARTMENT'S EXPERIENCE WITH THOSE TYPE OF DOCUMENTS IN
TERMS OF HOW THEY WILL ACTUALLY VERIFY THEM?
MR. CRESPO: A LITTLE BIT OF BOTH, ACTUALLY. AND IT'S
IMPORTANT TO POINT OUT, THE DEPARTMENT IS NOT -- IT IS NOT UNKNOWN TO
THEM HOW TO HANDLE THIS PROCESS. CURRENTLY, THERE ARE A NUMBER OF
FOREIGN DOCUMENTS, PASSPORTS IN PARTICULAR, AND OTHERS, THAT THEY WILL
ACCEPT. AND THEY HAVE -- HAVE HAD FOR -- FOR DECADES OR YEARS A LIST OF
WELL OVER 200 COUNTRIES WITH WHOM THEY ARE ABLE TO VERIFY THOSE
FOREIGN DOCUMENTS. SO THIS IS NOT AN UNKNOWN PRACTICE, IT'S NOT
UNIQUE. THERE ARE MARKERS THAT ARE KNOWN. THERE ARE OTHER DESIGN
FEATURES AND SAFETY FEATURES THAT ARE BUILT INTO A NUMBER OF THESE, AND IT
WOULD STILL BE UP TO THE DEPARTMENT TO DETERMINE WHICH -- WHICH
FOREIGN COUNTRY-ISSUED DOCUMENTS THEY ARE ABLE TO PROCESS. AND THERE
ARE A NUMBER OF WAYS THEY CAN DO THAT. THERE'S TECHNOLOGY THAT ALLOWS
THEM TO SCAN AND TO VERIFY THOSE DOCUMENTS. THERE ARE SYSTEMS THAT
I'M SURE THEY CAN TAP INTO TO -- TO DO THAT. AND THERE ARE OFTENTIMES
EVEN JUST BOOKS, LITERALLY A BOOK THAT WILL SIT AT THE COUNTER THAT IF YOU
LOOK UP A PARTICULAR DOCUMENT FROM A PARTICULAR COUNTRY, IT WILL
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NYS ASSEMBLY JUNE 12, 2019
IDENTIFY WHICH MARKERS TO LOOK FOR TO -- TO VERIFY THEIR AUTHENTICITY. IT'S
IMPORTANT TO NOTE ALSO, WE'RE ONLY ASKING THEM TO ACCEPT THOSE THAT ARE
UNEXPIRED, UNLESS IT'S IN THE INSTANCE OF A DRIVER'S LICENSE THAT HAS BEEN
EXPIRED LESS THAN 24 MONTHS.
MR. RA: OKAY. AND WITH REGARD TO -- YOU KNOW, IF
THERE'S AN UNEXPIRED VALID DRIVER'S LICENSE FROM -- FROM ANOTHER, YOU
KNOW, JURISDICTION, CURRENTLY, YOU KNOW, A FOREIGN DRIVER'S LICENSE, SAY,
DOES NEW YORK STATE LAW CURRENTLY ALLOW THAT INDIVIDUAL TO DRIVE IN
NEW YORK STATE?
MR. CRESPO: YES.
MR. RA: THE LAST QUESTION I HAVE WITH REGARDS TO
JUST THE -- THE IDENTIFICATION ITSELF. IT STATES IN HERE THAT WE MAY
INDICATE ON THE LICENSE THAT THIS DOCUMENT IS NOT FOR FEDERAL PURPOSES.
SO I -- SO I GUESS -- UNDER CURRENT LAW, DOES IT REQUIRE US TO -- TO HAVE
THAT INDICATION?
MR. CRESPO: YES, IT REQUIRES THAT IT HAVE THAT
STATEMENT.
MR. RA: OKAY. SO WHAT -- I'M JUST WONDERING --
AND I -- AND I KNOW THERE WAS RECENTLY AN AMENDMENT MADE WITH
REGARD TO THIS PIECE OF THE BILL, YOU KNOW, IN TERMS OF FONT AND FONT SIZE
IN TERMS OF INDICATING THIS ON THE -- ON THE LICENSE, WHICH I THINK IS -- IT
NO LONGER INDICATES HOW IT -- HOW IT SHOULD BE INDICATED, IT JUST SAYS IT
MAY STATE NOT FOR FEDERAL PURPOSES, CORRECT?
MR. CRESPO: YEAH, AND I APPRECIATE YOU
MENTIONING THAT POINT. I MEAN, ALL ALONG WE HAVE MADE AMENDMENTS TO
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ADDRESS CONCERNS THAT HAVE BEEN RAISED FROM -- FROM A NUMBER OF
INDIVIDUALS AND LEADERS, AND THAT PARTICULAR CONCERN WAS RAISED BY YOUR
COLLEAGUE, THE RANKER ON THE TRANSPORTATION COMMITTEE. IT WAS
BROUGHT UP A GOOD POINT IN REGARDS TO THE UNNECESSARY REGULATION OF THE
FONT, WE TOOK THAT LANGUAGE OUT AND LEAVE THAT UP TO THE DEPARTMENT.
MR. RA: OKAY.
MR. CRESPO: IT'S IMPORTANT TO NOTE, BY THE WAY,
MR. RA, ON THAT POINT. I BELIEVE THAT DRIVER'S LICENSES, STANDARD LICENSES
CURRENTLY ISSUED OR AS OF OCTOBER, SEPTEMBER OF 2017 ALREADY HAVE THE
STATEMENT OF NOT FOR FEDERAL PURPOSES. KEEP IN MIND THAT THAT -- IT'S
IMPORTANT FOR FOLKS TO KNOW, THESE STANDARD LICENSES WOULD BE FOR
EVERYONE WHO IS NOT SEEKING ONE OF THE ENHANCED AND/OR REAL ID. SO,
YOU KNOW, IT COULD BE YOU OR I CARRYING THAT SAME LICENSE AND WOULD
HAVE THE OPTION TO STICK WITH THE STANDARD DRIVER'S LICENSE WHICH WOULD
HAVE THAT NOTIFICATION ON IT.
MR. RA: AND I BELIEVE OUR -- OUR STANDARD LICENSE
CURRENTLY IN NEW YORK STATE IS NOT FEDERAL COMPLIANT, AND I THINK,
RIGHT, THERE'S AN UP -- UPCOMING DEADLINE BY WHICH IF WE DON'T MAKE
CHANGES TO THAT PROCESS, A STANDARD DRIVER'S LICENSE WILL NOT BE
SUFFICIENT IDENTIFICATION TO BOARD A PLANE FOR ANYBODY IN NEW YORK
STATE THAT HAS ONE. IS THAT CORRECT?
MR. CRESPO: RIGHT. NEW YORK IS FULLY COMPLIANT
WITH FEDERAL REAL ID PROVISIONS.
MR. RA: OKAY. SO ONE -- ONE OF THE CONCERNS THAT
HAS ALSO BEEN RAISED WITH REGARD TO THIS -- AND -- AND I CERTAINLY, YOU
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KNOW, APPRECIATE THAT THERE HAVE BEEN DIFFERENT ENTITIES WHO HAVE
WEIGHED IN IN SUPPORT OF THIS. BUT, YOU KNOW, ORDINARILY, YOU KNOW,
AN EMPLOYER OR -- OR -- OR SOMEONE ELSE WHO, YOU KNOW, SEES AN ID
PRESENTED TO THEM, YOU KNOW, THEY MAKE CERTAIN ASSUMPTIONS ABOUT,
YOU KNOW, THAT INDIVIDUAL AND THEIR STATUS. AND IN PARTICULAR, IN THE
EMPLOYMENT REALM, WHETHER THEY ARE SOMEBODY THAT THEY CAN VALIDLY
HIRE. IF -- IF THIS, YOU KNOW, PASSES, YOU KNOW -- WE ALL KNOW ANY OF
US WHEN WE'VE -- WE'VE HIRED SOMEBODY IN OUR OFFICE, WE HAVE TO, YOU
KNOW, FILL OUT THAT FORM THAT -- THAT REQUIRES CERTAIN IDENTIFICATION.
HOW WILL THAT BE IMPACTED BY THIS?
MR. CRESPO: SO, I'M NOT SURE THAT -- THAT -- THAT IT
WOULD BE. THERE IS A PROVISION WITHIN THE LANGUAGE OF THIS IN TERMS OF
THE LICENSE NOT BEING USED TO DETERMINE SOMEBODY'S STATUS. BUT IF YOU
ARE AN EMPLOYER, THERE ARE A NUMBER OF OTHER REQUIREMENTS THAT A
POTENTIAL EMPLOYEE MUST MEET, AND THOSE ARE NOT CHANGED IN THIS BILL.
WE ARE SIMPLY RETURNING TO THE OLD PRACTICE OF ALLOWING FOR ALTERNATIVES
TO SOCIAL SECURITY NUMBERS. I DON'T BELIEVE IT'LL IMPACT THAT
EMPLOYMENT PROCESS.
MR. RA: OKAY. AND YOU -- YOU SAID ABOUT GOING
BACK, BECAUSE I KNOW THAT MANY YEARS AGO, YOU KNOW, THE STATE ADDED
THIS REQUIREMENT OF HAVING A SOCIAL SECURITY NUMBER. AND THIS IS, YOU
KNOW, GIVING AN ALTERNATIVE PATH TO GETTING A DRIVER'S LICENSE IF YOU
DON'T HAVE OR YOU'RE NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER. DO YOU
KNOW WHAT -- WHAT WAS REQUIRED PRIOR TO THAT CHANGE IN NEW YORK
STATE TO GET A DRIVER'S LICENSE, WHAT TYPE OF IDENTIFICATION IF YOU DID NOT
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HAVE A SOCIAL SECURITY NUMBER?
MR. CRESPO: I BELIEVE -- I BELIEVE IF YOU WERE
ISSUED A LETTER FROM THE DEPARTMENT OF SOCIAL SECURITY STATING THAT YOU
HAD NOT BEEN ISSUED A SOCIAL SECURITY, THEY -- THEY HAD REGULATIONS
PERTAINING TO WHAT ELSE YOU COULD SUBMIT. I DON'T HAVE IN FRONT OF ME
EXACTLY WHAT THEY ALLOW FOR, BUT THERE WAS -- THAT CHANGED OVER TIME,
BUT THERE HAS BEEN MULTIPLE PATHWAYS AND DOCUMENTS THAT INDIVIDUALS
WERE ABLE TO SUBMIT. I'VE OFTEN REFERENCED MY OWN FATHER, WHO AT ONE
POINT LIVED HERE AS AN UNDOCUMENTED IMMIGRANT, AND HE'S ALWAYS,
DURING HIS TENURE HERE, HAD ACCESS TO A DRIVER'S LICENSE. SO, IT WAS A
VERY ACCESSIBLE PRIVILEGE FOR ALL.
MR. RA: OKAY. MY UNDERSTANDING JUST IN LOOKING
AT, YOU KNOW -- AND I'M AWARE THERE'S A NUMBER OF STATES WHO MAKE
UNDOCUMENTED INDIVIDUALS ELIGIBLE FOR DRIVER'S LICENSES AND, YOU KNOW,
SOME HAVE DIFFERENT CRITERIA. BUT IT LOOKS LIKE ONE OF THE MOST COMMON
THINGS I -- I'VE SEEN IN THE OTHER STATES FROM -- FROM MY RESEARCH, YOU
KNOW, WAS THE PROVIDING OF -- OF SOME TYPE OF TAX IDENTIFICATION
NUMBER. AND AS YOU STATED, I THINK IN ORDER TO GET ONE OF THOSE, YOU
WOULD NEED THAT -- THAT TYPE OF LETTER FROM -- FROM THE SOCIAL SECURITY
ADMINISTRATION SAYING YOU ARE NOT ELIGIBLE FOR A SOCIAL SECURITY
NUMBER. SO, IS THAT -- IS THAT SOMETHING THAT WAS -- WAS LOOKED AT IN
THE DEVELOPING OF THIS LEGISLATION?
MR. CRESPO: WE LOOKED AT -- CERTAINLY LOOKED AT
ALL OF THE APPROACHES THAT OTHER STATES HAVE TAKEN. I WOULD ALWAYS
ARGUE NEW YORK STATE IS BETTER THAN EVERY OTHER STATE AT WHAT WE DO,
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ESPECIALLY ON POLICY. AND WE FEEL THAT WE HAVE CONSTRUCTED A PROCESS
THAT IS BOTH EFFICIENT, FAIR, ACCESSIBLE, BUT YET STRONG IN TERMS OF
DETERMINING THE VALIDITY OF DOCUMENTS USED TO PROVE SOMEONE'S
IDENTITY, AND WE FEEL COMFORTABLE WITH WHAT WAS INCLUDED. SO, NO, THAT
PROVISION OR THE REQUEST FOR THAT PROVISION WAS NOT INCLUDED IN OUR
DRAFT.
MR. RA: OKAY. THANK YOU VERY MUCH, MR. CRESPO.
ACTING SPEAKER AUBRY: MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. REILLY: THANK YOU, MR. CRESPO. I JUST HAVE A
COUPLE OF QUESTIONS. ACTUALLY, ONE IN PARTICULAR THAT I WANTED TO TRY
AND GET SOME CLARIFICATION ON. I KNOW THAT WE WENT THROUGH SOME OF
THE DOCUMENTS THAT ARE NEEDED IN ORDER FOR -- TO GET THIS LICENSE IF -- IF
IT PASSES TODAY AND THE GOVERNOR SIGNS IT. IS THERE -- WHEN IT COMES TO
LAW ENFORCEMENT, WHEN THEY'RE DOING A VEHICLE STOP AND THEY ARE
RUNNING A DRIVER'S LICENSE THROUGH NYSPIN, WHICH IS THE NEW YORK
STATE INFORMATION WHERE WE CAN SEE IF SOMEONE IS WANTED FOR A CRIME,
MAYBE THEIR LICENSE IS SUSPENDED. WHETHER THEY ARE -- SHOULD BE
ARRESTED BASED ON A VEHICLE STOP. AND WE ALSO USE NCIC, WHICH IS THE
NATIONAL CRIME INFORMATION CENTER DATABASE. WOULD THIS LEGISLATION
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PREVENT DMV FROM COOPERATING WITH LAW ENFORCEMENT AGENCIES TO
ISSUE AN ALERT WHICH POSSIBLY COULD BE FOR A CRIME THAT WOULD BE -- THAT
WOULD SUBJECT THE -- THE OPERATOR WHO NOW HAS THIS DRIVER'S LICENSE, TO
ARREST BECAUSE IT MAY TRIGGER A [SIC] ICE ENFORCEMENT EVENT?
MR. CRESPO: SO IT'S IMPORTANT TO NOTE, WE HAVE --
IN THE PROCESS OF -- OF THE CHANGES THAT HAVE OCCURRED, BEEN IN CONSTANT
COMMUNICATION WITH LAW ENFORCEMENT AGENCIES. IT WAS NEVER THE
INTENTION OF ANY DRAFT OF THIS BILL TO DENY OR CHANGE OR LIMIT LOCAL LAW
ENFORCEMENT FROM ITS REGULAR DUTIES OF ENFORCING MOTOR VEHICLE LAW OR
ANY OTHER INVESTIGATORY ACCESS THAT THEY'VE HAD. AND -- AND ONE OF THE
MOST SIGNIFICANT CHANGES WE'VE DONE TO THE BILL IS THE WAY IN WHICH WE
HAVE ADDRESSED THAT LANGUAGE. THERE WAS A CONCERN THAT THE WAY THAT
WE HAD ORIGINALLY DRAFTED IT WAS EXTREMELY RESTRICTIVE AND COULD HAVE
IMPACTED THAT PROCESS. SO WHAT WE HAVE DONE IS CHANGE THE LANGUAGE
TO BE EXPLICIT IN THAT LOCAL LAW ENFORCEMENT CONTINUES TO HAVE ALL OF ITS
CURRENT ACCESS. NONE OF THAT IS IMPACTED OR CHANGED. ANY EXAMPLE
YOU MAY COME UP WITH OF WHAT A POLICE OFFICER DOES TODAY WILL
CONTINUE TO TAKE PLACE ONCE THIS BILL BECOMES LAW, EXCEPT IN THE
INSTANCE OF REQUESTS FOR INFORMATION REGARDING FEDERAL IMMIGRATION
AGENCIES AND/OR ENSURING THAT THE LICENSE THAT WOULD BE ISSUED OR THE
DATABASES THAT DMV MAINTAINS DOES NOT EXPLICITLY SEPARATE THOSE THAT
APPLIED WITH THE SOCIAL SECURITY FROM THOSE THAT APPLIED WITHOUT.
MR. REILLY: SO IF -- IF THE CRIME -- SAY THE WANTED
PERSON ALERT IS PUT OUT, AND IT'S -- AND IT'S FOR A CRIME THAT WAS
COMMITTED AND THEY'RE WANTED BY FEDERAL AUTHORITIES AND IT'S ON THE
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NCIC, WOULD IT BE ATTACHED TO THE DRIVER'S LICENSE NUMBER FOR THESE --
THESE INDIVIDUALS?
MR. CRESPO: IF I -- IF I UNDERSTAND THE QUESTION,
NO. I DON'T -- ANY ALERT BY LAW ENFORCEMENT WOULD NOT BE STOPPED OR
IMPACTED BY THIS. ANY ISSUES OR VIOLATIONS COMMITTED BY A DRIVER, A
LICENSED DRIVER, WOULD BE A PART OF THE NATIONAL DRIVER REGISTRY WHICH
NEW YORK STATE SUBMITS INFORMATION TO. AND -- AND IF YOU HAPPEN TO
BE A NOW-UNDOCUMENTED DRIVER OR LICENSED DRIVER IN THE STATE OF NEW
YORK AND YOU ARE INVOLVED IN ANY CRIMINAL ACTIVITY PERTAINING TO YOUR
DRIVING OR ANYTHING RELATED TO YOUR LICENSE OR THE USE OF A VEHICLE, YOU
WOULD STILL BE REFERRED TO THAT REGISTRY AND THOSE RECORDS WOULD STILL BE
MAINTAINED.
MR. REILLY: SO IF US CUSTOMS ENFORCEMENT OR
ICE ISSUE A WARRANT FOR THE PERSON AND THEY PUT IT IN THE NCIC SYSTEM
AND IT'S ATTACHED TO THAT DRIVER'S LICENSE, THEY WOULD STILL BE SUBJECT TO
APPREHENSION?
MR. CRESPO: TRADITIONAL WARRANTS, YES.
MR. REILLY: TRADITIONAL WARRANTS. WHAT ABOUT
WARRANTS THAT --
MR. CRESPO: I'M SORRY, JUDICIAL.
MR. REILLY: OH, JUDICIAL.
MR. CRESPO: JUDICIAL.
MR. REILLY: OH, OKAY. OKAY. ALL RIGHT.
MR. CRESPO: OR A LAWFUL -- I'M SORRY, OR A LAWFUL
COURT ORDER.
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NYS ASSEMBLY JUNE 12, 2019
MR. REILLY: OKAY. SO IF THERE'S -- SO IN OTHER
WORDS, IF THERE'S AN ALERT THAT COMES FROM A FEDERAL AGENCY THAT WOULD
BE ON NCIC, THAT WOULD PROHIBIT THEM FROM -- FROM ATTACHING IT TO THAT
DRIVER'S LICENSE BECAUSE IT'S NOT -- IT WOULDN'T BE A JUDICIAL WARRANT. SO
WE -- WE WOULD ACTUALLY BE DETERRING LAW ENFORCEMENT ON THE FIELD -- IN
THE FIELD PERFORMING CAR STOPS.
MR. CRESPO: THE LANGUAGE THAT WE HAVE RESTRICTS
DMV'S ABILITY TO SHARE CERTAIN DATA THAT THEY COLLECT AS PART OF THE
LICENSING PROCESS WITH THOSE AGENCIES. WE DON'T SPEAK TO THOSE
AGENCIES PROVIDING THE DEPARTMENT RELEVANT INFORMATION ABOUT A DRIVER
AND THAT THE DMV MAY, IN FACT, ATTACH THAT INFORMATION TO THEIR RECORD.
IF THERE'S CURRENTLY A PROVISION THAT WOULD -- OR PROCESS WHERE THEY
WOULD DO THAT, I DON'T BELIEVE THAT THE LANGUAGE OF OUR BILL WOULD
RESTRICT THAT.
MR. REILLY: SO THAT -- THAT'S SOMETHING THAT I THINK
WE NEED TO CLARIFY, BECAUSE IF -- IF THE LANGUAGE IN THE CURRENT BILL IS
PROHIBITING DMV FROM SHARING THE INFORMATION UNLESS THEY HAVE A
JUDICIAL WARRANT, THAT WILL DETER OFFICERS FROM THE FIELD FROM BEING ABLE
TO GET THAT INFORMATION ATTACHED TO THE DRIVER'S LICENSE. BECAUSE IF YOU
LOOK AT IT IN LAYMAN'S TERMS, IF DMV CANNOT ATTACH IT TO THIS NEW
DRIVER'S LICENSE NUMBER, THEN THEY WOULD BE PROHIBITED FROM SHARING IT
WITH LAW ENFORCEMENT. AND THEN WE ARE NOW POTENTIALLY ENDANGERING
PUBLIC SAFETY, OFFICER SAFETY, AND WE'RE STOPPING THE -- THE CRIMINAL
JUSTICE PROCEDURES FROM MOVING FORWARD.
MR. CRESPO: THIS IS I THINK THE -- THE -- I DISAGREE
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THAT THAT WOULD OCCUR. UNDERSTAND THAT WE'RE RESTRICTING DMV'S
DATABASES, AND WE'RE NOT RESTRICTING OTHER DATABASES, WE'RE NOT
RESTRICTING THE FEDERAL AGENCIES FROM PROVIDING INFORMATION RELEVANT TO
DMV. THE SHARING THAT IS RESTRICTED HERE IS WHERE DOCUMENTS ARE
REQUESTED PERTAINING TO A DRIVING RECORD BY A FEDERAL IMMIGRATION
AGENCY - EXCEPT UNDER THOSE NUMBER OF CATEGORIES THAT WE OUTLINED -
WHAT WE SHARE, WHAT DMV PUTS OUT TO THOSE AGENCIES REGARDING THAT --
THAT APPLICANT'S INFORMATION OR ANY SOURCE DOCUMENTS THAT WOULD BE
RELEVANT, THAT IS WHERE THE -- THE LIMITATION TAKES PLACE. BUT THE IDEA
THAT FEDERAL LAW ENFORCEMENT COULD NOT COMMUNICATE TO DMV RELEVANT
INFORMATION PERTAINING TO A PARTICULAR DRIVER IN THEIR DATABASE AND THAT
THAT INFORMATION BE ATTACHED TO THE DRIVER RECORD WHERE APPROPRIATE, I
DON'T BELIEVE THAT ANY OF THE PROVISIONS WOULD RESTRICT THAT FROM TAKING
PLACE.
MR. REILLY: OKAY. SO WHEN DMV -- WILL -- WILL
DMV -- IS THERE ANYTHING IN THE BILL THAT WOULD PROHIBIT DMV FROM
ACTIVELY SHARING THAT INFORMATION? SAY THAT THEY HAD A -- THEY HAD THE
INFORMATION OF THE PERSON THEY IDENTIFIED, AND NOW THEY ASK DMV,
CAN YOU RUN THE NAME AND SEE IF YOU HAVE A DRIVER'S LICENSE UNDER THIS
PERSON'S NAME? BECAUSE IF THEY DO HAVE A NEW YORK STATE DRIVER'S
LICENSE, WE WOULD LIKE TO ATTACH IT TO THE NCIC, NYSPIN DATABASE.
BECAUSE WHAT I UNDERSTAND IS THEN NOW THAT WOULD PROHIBIT DMV FROM
-- FROM ACTIVELY ENGAGING WITH THE FEDERAL LAW ENFORCEMENT AGENCIES,
WHICH AGAIN, IN MY OPINION, WOULD ENDANGER PUBLIC SAFETY.
MR. CRESPO: IN YOUR SCENARIO, IS THE -- IS THE
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NYS ASSEMBLY JUNE 12, 2019
INVESTIGATION RELATED TO CRIMINAL ACTIVITY?
MR. REILLY: EVERY INVESTIGATION THAT A POLICE
OFFICER DOES WOULD BE INVOLVED --
MR. CRESPO: WELL, IT'S AN INVITATION --
MR. REILLY: IF YOU DO A CAR STOP -- IF YOU DO A CAR
STOP --
MR. CRESPO: UH-HUH.
MR. REILLY: -- AND YOU ARE RUNNING A DRIVER'S
LICENSE, THE IDEA OF THE WHOLE NYSPIN AND NCIC SYSTEM IS TO ALERT
POLICE OFFICERS AROUND THE STATE AND THE NATION TO LET THEM KNOW THAT
THERE IS SOMEONE WANTED FOR A CRIME, OR AN ACTIVE INVESTIGATION AND
WE'RE LOOKING TO DETER -- WE'RE LOOK -- LOOKING TO APPREHEND OR DETAIN
THAT PERSON FOR FURTHER INVESTIGATION. NOW, IF WE DON'T PROVIDE THAT
INFORMATION, THEN WE'RE NOW SETTING IT UP WHERE POLICE OFFICERS DOING
CAR STOPS AND THEY'RE WALKING UP TO A VEHICLE AND THEN THEY'RE TALKING TO
THE PERSON AND THEY GO TO TAKE -- AND THEY ASK THEM FOR A DRIVER'S
LICENSE AND SAY THEY DON'T GIVE THEM ONE, RIGHT? SO NOW YOU'RE ONLY
RUNNING A NAME. BUT IF THEY HAVE A DRIVER'S LICENSE NUMBER AND IT'S
ATTACHED TO THAT DRIVER'S LICENSE NUMBER, IT MAKES LAW ENFORCEMENT'S
ABILITY TO DO A SEARCH ON THAT PERSON AS THEY STOPPED THEM, EASIER.
NOW, THE ISSUE -- THE ISSUE THAT I THINK IS -- IS IN QUESTION HERE IS IF
DMV WILL COOPERATE WITH FEDERAL LAW ENFORCEMENT - AND ACTUALLY ALL
OF LAW ENFORCEMENT AGENCIES - TO ENSURE THAT IF THEY CAN IDENTIFY THE
PERSON, THEY ASKED DMV, THEY PUT A REQUEST IN AND SAY, CAN YOU DO A
CHECK AND SEE IF YOU HAVE A DRIVER'S LICENSE NUMBER FOR THIS PERSON? IF
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NYS ASSEMBLY JUNE 12, 2019
THEY DO, I NEED YOU TO ATTACH IT TO THEIR DRIVER'S LICENSE NUMBER SO THAT
WHEN WE -- WHEN THEY GET PULLED OVER, WHEN THEY GET STOPPED AND IT'S --
AND THEIR LICENSE NUMBER IS RAN, IT WOULD POP AS AN ALERT?
MR. CRESPO: THERE'S A COUPLE -- COUPLE OF THINGS.
I -- I -- I'M A LITTLE CONFLICTED ON THIS NOTION OF ATTACHING CERTAIN
DOCUMENTS TO THE DMV DATABASE. AND AGAIN, NOTHING IN OUR BILL
CHANGES LOCAL LAW ENFORCEMENT ACCESS FOR THE INFORMATION THAT THEY
WOULD BE PREVIEW TO CURRENTLY, AND WE CLARIFY THAT IN -- IN THE LANGUAGE
OF THE BILL. THE ONLY RESTRICTION IS SHARING DATA WITH AGENCIES THAT
PRIMARILY ENFORCE IMMIGRATION LAWS FOR IMMIGRATION-RELATED VIOLATIONS.
WE'RE NOT -- IF THERE IS A CRIMINAL INVESTIGATION, IF THERE IS A WARRANT, IF
THERE IS A COOPERATION WITH LOCAL AGENCIES, THAT -- NONE OF THAT IS
IMPACTED BY OUR BILL.
MR. REILLY: THAT -- THAT'S WHERE I WAS GETTING AT,
THAT IF IT IS A CRIME THAT WOULD TRIGGER AN ICE ENFORCEMENT ACTION, AND
NOW ICE OR US CUSTOMS --
MR. CRESPO: CAN YOU GIVE ME AN EXAMPLE OF SUCH
A CRIME?
MR. REILLY: THERE'S 176 --
MR. CRESPO: (INAUDIBLE)
MR. REILLY: -- LISTED THAT NEW YORK CITY HAS TO
MANDATE REPORT TO ICE. SO WE'RE TALKING SERIOUS CRIMES. WE'RE TALKING
MAYBE ROBBERY IN THE FIRST DEGREE, MAYBE RAPE IN THE FIRST DEGREE.
MAYBE, YOU KNOW, MURDER, MANSLAUGHTER. ALL THOSE SERIOUS CRIMES --
BURGLARY IN THE FIRST DEGREE. SO THE -- THE POINT THAT I'M TRYING TO
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NYS ASSEMBLY JUNE 12, 2019
MAKE IS, IF IT -- IF IT'S KNOWN THAT THE PERSON IS UNDOCUMENTED BUT NOW
HAS A DRIVER'S LICENSE, UNDER THE BILL IT'S SAYING THAT THEY WILL NOT SHARE
DOCUMENTATION WITH FEDERAL AGENCIES THAT --
MR. CRESPO: IMMIGRATION AGENCIES.
MR. REILLY: -- THAT -- I WAS GOING -- I WAS GOING TO
GET TO THAT -- THAT PRIMARILY ENFORCE IMMIGRATION LAWS. NOW, IF ICE
KNOWS THAT THERE'S AN ACTIVE INVESTIGATION FOR THAT PERSON FOR A SERIOUS
CRIME THAT SHOULD BE REPORTED TO THEM, THEY SHOULD BE ABLE TO SEE THAT
INFORMATION AND BE ABLE TO HAVE IT ON A DRIVER'S LICENSE NUMBER, SO THEN
IF THEY COME IN CONTACT WITH THEM OR ANY LAW ENFORCEMENT THAT IS -- HAS
TO REPORT IT BECAUSE IT'S ONE OF THOSE 176 CRIMES - ESPECIALLY IN NEW
YORK CITY- THAT HAVE TO BE REPORTED TO ICE OR US CUSTOMS
ENFORCEMENT, I -- I WANT TO MAKE SURE THAT WE'RE NOT PRECLUDING THAT
FROM HAPPENING.
MR. CRESPO: SO, A COUPLE -- A COUPLE OF THINGS,
BECAUSE I'M -- I'M REALLY STRUGGLING TO APPLY YOUR SCENARIO TO REAL LIFE
ENCOUNTERS AND/OR HOW THESE DATABASES WORK. I'LL GIVE YOU AN
EXAMPLE, IN MY OPINION.
MR. REILLY: OKAY.
MR. CRESPO: IF I WAS ACCUSED OF A CRIME AND I AM
A CITIZEN OF THE UNITED STATES, I'M ACCUSED OF A CRIME THAT HAS -- OR MAY
HAVE A NUMBER OF IMPLICATIONS, FELONY, YOU NAME IT. UNLESS THE COURT
DETERMINES THAT MY PUNISHMENT INVOLVES LOSING MY DRIVING PRIVILEGES
OR SOMETHING SPECIFICALLY RELATED TO MY LICENSE OR MY ABILITY TO DRIVE,
THAT WOULDN'T BE IMPACTED IN THOSE SCENARIOS. DMV WOULDN'T KEEP A
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NYS ASSEMBLY JUNE 12, 2019
DATABASE OF EVERY MISDEMEANOR I WAS CHARGED WITH. SO THIS IDEA THAT
SOMEHOW WE ARE CREATING A LOOPHOLE, I THINK, IS -- IS SOMEWHAT
EXAGGERATED. IN REGARDS TO ENFORCEMENT, ONE EXAMPLE: WE HAVE
ENSURED IN THE LANGUAGE THAT THE TASK FORCES THAT NEW YORK CITY AND
NEW YORK STATE HAVE WITH FEDERAL AGENCIES, SOME OF WHOM INVOLVE
MEMBERS OF IMMIGRATION-RELATED AGENCIES, THEY WILL CONTINUE TO HAVE
ACCESS BECAUSE THEIR PRIMARY RESPONSIBILITY IS TO ENFORCE OR -- OR
INVESTIGATE CRIMINAL ACTIVITY. THE ONLY RESTRICTION WE'RE MAKING IS THE
-- IS SHARING INFORMATION WITH AGENCIES WHOSE PRIMARY GOAL IS TO
ENFORCE CIVIL IMMIGRATION-RELATED MATTERS. IF YOU COMMIT -- IF YOU'RE
UNDOCUMENTED AND YOU HAVE A LICENSE AND YOU VIOLATE A PROVISION THAT
WOULD HAVE TO BE REFERRED TO ICE, THE COURT IS MANDATED TO REPORT THAT
AND OTHER AGENCIES WOULD BE AWARE OF THAT THROUGH OTHER PROCEDURES
THAT HAVE NOTHING TO DO WITH DMV'S RESPONSIBILITIES.
MR. REILLY: BUT WE WERE -- I WASN'T TALKING ABOUT
CONVICTED. I WAS TALKING ABOUT IF THE PERSON IS WANTED, THERE'S
PROBABLE CAUSE. THAT'S WHAT NYSPIN AND NCIC IS USED FOR, TO ALERT
LAW ENFORCEMENT THAT THE PERSON IS WANTED FOR THAT CRIME. AND THE
ONLY THING THAT I WAS TRYING TO CLARIFY IS THAT SINCE ONE OF THOSE
UNDERLYING CRIMES MAY BE A MANDATED REPORT TO ICE, WOULD THAT
PREVENT IT FROM BEING ATTACHED TO THIS DRIVER'S LICENSE NUMBER? THAT'S
THE -- THAT'S THE CLARIFICATION I WAS LOOKING FOR. AND IS THERE ANYWHERE
-- ANYWHERE IN THE BILL THAT WOULD OUTLINE THAT AND STATE THAT ALL
INFORMATION THAT RELATES TO LAW ENFORCEMENT ALERTS VIA NYSPIN AND
NCIC, ARE THEY IN THE BILL?
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NYS ASSEMBLY JUNE 12, 2019
MR. CRESPO: WE DON'T HAVE ANY REFERENCE IN THE
LANGUAGE TO ALERTS. BUT I WILL REITERATE, MR. REILLY, WITH ALL DUE RESPECT,
I STILL CANNOT UNDERSTAND THE SCENARIO YOU'RE PRESENTING. I DON'T BELIEVE
THAT THE LANGUAGE OF THE BILL -- AND WE'VE HAD CONVERSATIONS WITH
SHERIFFS, WE'VE HAD CONVERSATIONS WITH POLICE DEPARTMENTS, WE'VE HAD
CONVERSATIONS WITH DISTRICT ATTORNEYS AND OTHER AGENCIES INVOLVED IN
LAW ENFORCEMENT IN OUR STATE, AND WE HAVE ADDRESSED THEIR CONCERNS
WITH REGARDS TO ACCESS AND THE CONTINUATION OF THEIR REQUIREMENTS FOR --
YOU KNOW, TO ENSURE OUR PUBLIC SAFETY. IT IS MY UNDERSTANDING THAT
NONE OF THE RESTRICTIONS IN THE LANGUAGE HAVE TO DO WITH THOSE CRIMINAL
INVESTIGATIONS. WE ARE LIMITING INFORMATION WITH FEDERAL AGENCIES THAT
PRIMARILY ENFORCE IMMIGRATION LAW FOR THE ENFORCEMENT OF SUCH
IMMIGRATION-RELATED MATTERS. IF THERE WAS A REASONABLE OR PROBABLE
CAUSE FOR SOME ACTIVITY, THERE WOULD BE AN APPROPRIATE COURT ORDER
ISSUED, AND THAT WOULD BE ACCEPTABLE UNDER OUR REGULATIONS.
ACTING SPEAKER AUBRY: MR. REILLY, YOUR TIME
HAS EXPIRED.
MR. REILLY: THANK YOU, MR. CRESPO.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. REILLY: THANK YOU.
MR. SMITH.
EXCUSE ME, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. COULD YOU PLEASE CALL THE CITIES COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM?
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NYS ASSEMBLY JUNE 12, 2019
ACTING SPEAKER AUBRY: CITIES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY.
MR. SMITH.
MR. SMITH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: ABSOLUTELY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. CRESPO YIELDS.
MR. SMITH: I THINK THIS QUESTION WAS ANSWERED, BUT
I DIDN'T SEE IT IN THE BILL. THE INDIVIDUALS UNDER THIS BILL, WILL THEY BE
ISSUED A DMV IDENTIFICATION NUMBER, A NINE DIGIT...
MR. CRESPO: YES. A DRIVER'S LICENSE NUMBER.
YES.
MR. SMITH: OKAY. AND WILL THERE BE -- AND I,
AGAIN, DIDN'T SEE THIS ISSUE ADDRESSED IN THE BILL. WILL THERE BE ANY WAY
TO DISTINGUISH FROM THAT IDENTIFICATION NUMBER THAT THE PERSON IS NOT A
CITIZEN VERSUS ANY CITIZEN?
MR. CRESPO: NO.
MR. SMITH: OKAY. IN THIS BILL, IS THERE ANYTHING
THAT CHANGES THE WAY THAT WE CURRENTLY REGISTER TO VOTE? AND THE
REASON FOR MY QUESTION IS, CURRENTLY TO PUT IN A VOTER REGISTRATION IT
REQUIRES EITHER THE DMV NUMBER OR THE LAST FOUR DIGITS OF THE SOCIAL
SECURITY NUMBER, NOT BOTH.
MR. CRESPO: I'M GLAD YOU BROUGHT THAT UP, AND --
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NYS ASSEMBLY JUNE 12, 2019
AND IT'S COME UP A LOT IN DISCUSSIONS WITH FOLKS AND THERE'S BEEN A LOT OF
MISCONCEPTIONS ABOUT THAT. SO, NO. NOTHING IN THIS BILL QUALIFIES A
[SIC] UNDOCUMENTED RESIDENT OF OUR STATE TO -- TO REGISTER TO VOTE OR TO
CAST A VOTE. AND AS A MATTER OF FACT, IT IS FEDERAL LAW THAT REQUIRES THAT
AN APPLICATION FOR A DRIVER'S LICENSE INCLUDE AN APPLICATION FOR A VOTER
REGISTRATION. AND -- AND YOU SHOULD NOTE THERE'S, I BELIEVE, THREE
SECTIONS WHERE YOU ARE REMINDED THAT ONLY CITIZENS ARE GIVEN THE
PRIVILEGE OR THE RIGHT TO VOTE AND CAN SIGN THAT SECTION. THERE IS A SORT
OF A STATEMENT BY -- ADDED BY DMV, AND THEN AGAIN, IT'S THE VERY FIRST
QUESTION YOU'RE ASKED ON YOUR VOTER APPLICATION. ARE YOU A CITIZEN?
YES OR NO? IF NO, YOU ARE NOT ALLOWED TO SUBMIT. IF YOU CAN'T PROVIDE
-- IF YOU'RE NOT A CITIZEN, YOU WOULD NOT QUALIFY TO VOTE. IF A --
SOMEBODY ANSWERED THAT QUESTION, NO, I AM NOT A CITIZEN, BUT THEN
PROVIDED THE LAST FOUR OF THAT DRIVER NUMBER, THE BOARD OF ELECTIONS
WOULD -- WOULD CAPTURE THAT THAT APPLICATION IS NOT VALID AND NOT
REGISTER THAT PERSON. IT IS A FEDERAL CRIME TO -- FOR SOMEBODY TO CAST A
VOTE WHO IS NOT ALLOWED TO. I ASSURE YOU, THERE IS NOT A SINGLE
INDIVIDUAL IN THE IMMIGRANT COMMUNITY WHO WANTS TO PUT THEMSELVES
AT RISK OF DEPORTATION AND WOULD NOT SEEK TO DO THAT.
MR. SMITH: OKAY. THANK YOU.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SMITH: OKAY. THANK YOU VERY MUCH. AND I
APPRECIATE MR. CRESPO'S RESPONSE ON THAT. HOWEVER, UNFORTUNATELY, I
ACTUALLY HAVE A NUMBER OF EXAMPLES FROM THE SUFFOLK COUNTY BOARD OF
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ELECTIONS OF CASES WHERE INDIVIDUALS WITH DMV NUMBERS THAT ARE NOT
CITIZENS HAVE ACTUALLY REGISTERED TO VOTE WITH THAT NUMBER, CHECKED THE
BOX THAT THEY WERE A CITIZEN OR THE BOX WAS CHECKED ON THE APPLICATION
THAT THEY SIGNED AND THEY ACTUALLY DID VOTE. AND IN ORDER -- THE ONLY
REASON THAT THE BOARD OF ELECTIONS WAS NOTIFIED ABOUT THIS -- BECAUSE,
YOU KNOW, WE TALKED ABOUT A NUMBER OF THINGS WITH AGENCIES NOT BEING
ABLE TO VERIFY WHETHER A PERSON IS A CITIZEN OR NOT -- IS BECAUSE THESE
INDIVIDUALS HAVE COME TO THE BOARD OF ELECTIONS, AND IN THE COURSE OF
THEM GETTING THEIR CITIZENSHIP HAVE HAD TO REMOVE THEMSELVES FROM THE
ROLLS. SO I HAVE A NUMBER OF EXAMPLES. I'M NOT GOING TO STATE THE LAST
NAME, BUT, I, MELISSA, WISH TO BE REMOVED FROM THE SUFFOLK COUNTY
VOTER ROLLS EFFECTIVE IMMEDIATELY. I AM NOT A CITIZEN, AND MY
APPLICATION FOR CITIZENSHIP REQUIRES PROOF THAT I AM NO LONGER ON THE
VOTER ROLLS. SHE VOTED IN EAST HAMPTON IN 2008, 2010, 2012. I,
MARVIN, WISH TO BE REMOVED FROM THE SUFFOLK COUNTY VOTER ROLLS
EFFECTIVE IMMEDIATELY. I AM NOT A CITIZEN, AND MY APPLICATION FOR
CITIZENSHIP REQUIRES PROOF THAT I AM NO LONGER ON THE VOTER ROLLS.
MARVIN VOTED IN 20 -- IN THE PRESIDENTIAL PRIMARY IN 2016, THE GENERAL
IN 2016 AND THE GENERAL IN 2017 IN THE TOWN OF ISLIP. I, GLEATON, AM
APPLYING FOR MY CITIZENSHIP AND NEED TO BE TAKEN OFF THE LIST TO VOTE. I
NEED CONFIRMATION THAT I HAVE BEEN REMOVED FROM THE LIST SENT TO ME,
MY RETURN ADDRESS. HE VOTED IN THE TOWN OF BROOKHAVEN IN 2008.
ANOTHER EXAMPLE, TINA. MY APPLICATION WILL BE -- SHE'S APPLYING FOR
CITIZENSHIP STATUS -- MY APPLICATION WILL BE DENIED UNLESS I SUBMIT
PROOF THAT MY NAME HAS BEEN REMOVED FROM THE VOTER REGISTRATION
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NYS ASSEMBLY JUNE 12, 2019
ROLLS. SHE VOTED IN 2004 AND 2008. MARCELL: I HAVE VOTED IN 2006,
2007, 2008 PRESIDENTIAL PRIMARY, 2008 GENERAL, 2009 GENERAL
ELECTION. SO THESE ARE JUST SOME OF THE EXAMPLES THAT I HAVE FROM THE
SUFFOLK COUNTY BOARD OF ELECTIONS OF INDIVIDUALS WHO REACHED OUT TO
THE BOARD OF ELECTIONS TO REMOVE THEMSELVES ON THE COURSE OF
BECOMING A CITIZEN THAT WERE ABLE TO REGISTER TO VOTE WITH THAT DMV
IDENTIFICATION NUMBER. AND I'M CONCERNED OF UNINTENDED
CONSEQUENCES. I THINK THE INTENTIONS OF THIS BILL ARE GOOD, AND I THINK
THAT THIS IS SOMETHING THAT WE SHOULD REALLY TAKE PAUSE ON, SOLVING THIS
ISSUE BEFORE WE MOVE FORWARD. IT'S VERY CONCERNING. I -- I'VE
RESEARCHED IT, I CAN'T FIND ANY OTHER PLACE ON EARTH THAT ALLOWS CITIZENS
OF ANOTHER COUNTRY TO VOTE IN THE ELECTION. AND WHILE THIS BILL DOES NOT
INTEND TO DO THAT, ONE OF THE UNINTENDED CONSEQUENCES THAT HAS BEEN
BROUGHT TO MY ATTENTION BY THE BOARD OF ELECTIONS ARE THAT THIS PRACTICE
HAPPENS, AND THIS WILL FURTHER EXACERBATE THE SCENARIO.
SO FOR THAT REASON, I'LL BE VOTING NO AND ENCOURAGING
MY COLLEAGUES IN THE ASSEMBLY AND THE SENATE TO ALSO VOTE NO. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
CRESPO?
MR. CRESPO: SURE.
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NYS ASSEMBLY JUNE 12, 2019
MR. MONTESANO: MR. CRESPO, I JUST BASICALLY
HAVE ONE QUESTION. IN THE -- IN THE BILL, I KNOW WE'RE ADDING SOME
SUBDIVISIONS TO -- TO SECTION 201 OF THE VEHICLE AND TRAFFIC LAW, AND
ONE OF THEM IS SUBDIVISION 12. AND IT PROVIDES THAT IF THE DEPARTMENT
OF MOTOR VEHICLES GETS AN INQUIRY FROM A FEDERAL AGENCY, THAT THEY
HAVE TO -- PRIOR TO DISCLOSING THE INFORMATION WITHIN THREE DAYS, THEY
HAVE TO NOTIFY THE MOTORIST WHO IS THE SUBJECT OF THE INQUIRY UNDER THIS
BILL. WHAT'S THE REASON FOR THAT?
MR. CRESPO: A COUPLE. WE ARE ENSURING THAT
DMV MAINTAINS ITS RESPONSIBILITY TO REGULATE DRIVING PRIVILEGES IN THE
STATE AND TO MAKE CLEAR THAT THEY SHOULD NOT BE AN EXTENDED AGENCY OF
IMMIGRATION AND -- FEDERAL IMMIGRATION ENFORCEMENT AGENCIES. BUT I'LL
ADD THAT WE'RE ACTUALLY REMAINING CONSISTENT WITH THE FEDERAL DRIVER
PRIVACY PROTECTION ACT. IN THE LANGUAGE OF THE FEDERAL ACT, IT
AUTHORIZES -- ALLOWS DMV TO NOTIFY AN INDIVIDUAL OF ANY REQUESTS FOR
INFORMATION FROM A SOURCE OR AN AGENCY THAT IS NOT ONE OF THE EXEMPTED
ACCEPTABLE AGENCIES FOR SHARING OF INFORMATION. IN OTHER WORDS, DMV
CURRENTLY HAS THE ABILITY TO MAKE THAT NOTIFICATION UNDER FEDERAL DRIVER
PRIVACY PROTECTION ACT. WE MAINTAIN A VERY SIMILAR STANDARD APPLIED
TO THIS PROVISION.
MR. MONTESANO: BUT CURRENTLY, FOR THE AVERAGE
MOTORIST WHO CURRENTLY HAS A DRIVER'S LICENSE, IF A FEDERAL LAW
ENFORCEMENT AGENCY OR ANY LAW ENFORCEMENT AGENCY, FOR THAT FACT,
MAKES AN INQUIRY TO THE DEPARTMENT OF MOTOR VEHICLES ABOUT THAT
PERSON'S DRIVING RECORD, ABSTRACT, DOCUMENTATION OR HOW THEY GOT THEIR
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NYS ASSEMBLY JUNE 12, 2019
DRIVER'S LICENSE, DO THEY HAVE TO NOW NOTIFY THAT MOTORIST THAT AN
INQUIRY'S BEEN MADE?
MR. CRESPO: NO. AND THE BILL WOULD NOT REQUIRE
ALL THOSE AGENCIES -- ALL THOSE NOTIFICATIONS TO GO OUT ON EVERY INSTANCE.
ONLY IN INSTANCES WHERE FEDERAL AGENCIES THAT PRIMARILY ENFORCES
IMMIGRATION LAW, WHICH IS NOT ONE OF THE EXEMPTED AGENCIES FOR
ACCESS, AND IN THOSE CIRCUMSTANCES THAT NOTIFICATION WILL NOW TAKE
PLACE, WHICH AGAIN, IS A PRACTICE CONSISTENT WITH WHAT THE FEDERAL
DRIVER -- DRIVER PRIVACY PROTECTION ACT ALLOWS FOR NON-EXEMPTED
SOURCES.
MR. MONTESANO: SO -- SO YOU USED THE PHRASE,
YOU KNOW, A FEDERAL AGENCY THAT'S PRIMARILY INVOLVED IN THE
INVESTIGATION OF IMMIGRATION LAWS. SO, THE FBI, WHILE IT DOESN'T DO IT
IN THE ORDINARY -- YOU KNOW, IT DOESN'T DO IT EVERY DAY. THEY HAVE
SOME HAND IN INVESTIGATING IMMIGRATION VIOLATIONS IN CONNECTION WITH
CRIMINAL ACTIVITY, WHETHER IT BE DRUG TRANSPORTATION, SEX TRAFFICKING
MATTERS OR WHATEVER. SO IT'S YOUR POSITION UNDER THIS BILL THAT THEY'RE
NOT ENTITLED TO GET INFORMATION FROM THE DEPARTMENT OF MOTOR
VEHICLES?
MR. CRESPO: I WOULD NOT CONSIDER THAT AGENCY ONE
THAT PRIMARILY ENFORCES IMMIGRATION LAW. AND ACTUALLY IN THE BILL WE
GIVE EXAMPLES OF THE AGENCIES THAT WE ARE REFERRING TO, AND WE DEFINE
THEM AS UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED
STATES CUSTOMS AND BORDER PROTECTION AND ANY SUCCESSOR AGENCIES
HAVING SIMILAR DUTIES.
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NYS ASSEMBLY JUNE 12, 2019
MR. MONTESANO: OKAY. AND WITH REGARD TO THE
-- THE TYPES OF SUBPOENAS THAT COULD BE ISSUED, SO MANY AGENCIES HAVE
THE ABILITY TO ISSUE A SUBPOENA, WHETHER COMMISSIONERS OR DIRECTORS OF
CERTAIN AGENCIES. IN FACT, THE POLICE COMMISSIONER OF THE CITY OF NEW
YORK HAS SUBPOENA POWER. DOES THE DEPARTMENT NOW HAVE THE ABILITY
TO DISREGARD THOSE SUBPOENAS AND ONLY HONOR A JUDICIAL COURT ORDER?
MR. CRESPO: WE, AS A MATTER OF PRACTICE IN STATE
LAW, DO NOT CODIFY LOCAL JURISDICTION SUBPOENA POWERS. THAT HAS NOT
BEEN THE PRACTICE IN OTHER BILLS, AND CERTAINLY NOT THE PRACTICE HERE. I
WOULD ARGUE THAT -- AND WE'VE HAD EXCESSIVE CONVERSATIONS WITH THE
POLICE COMMISSIONER'S OFFICE, HIS TEAM AND THE CITY OF NEW YORK. IT
IS UNCLEAR TO ME ANY INFORMATION THAT -- THAT WOULD BE AVAILABLE IN -- IN
DMV RECORDS THAT IS NOT ALREADY AVAILABLE TO THOSE AGENCIES, AND THE
FACT IS THAT IF -- IF THEY NEEDED ANY ADDITIONAL INFORMATION, THEY COULD
REQUEST IT THROUGH A COURT ORDER. SO THEY COULD JUST AS EASILY GET A
COURT-ISSUED REQUEST FOR THAT SAME INFORMATION. SO, NO, I DON'T BELIEVE
THAT ANYTHING WE'RE DOING TODAY WOULD LIMIT THAT PRACTICE FROM
CONTINUING. IT MAY REQUIRE THEM TO DO SO SLIGHTLY DIFFERENTLY THAN THEY
CURRENTLY DO IT. BUT ANYWAY, THEY -- THEY'RE NOT LOSING THE -- THE ABILITY
TO INVESTIGATE.
MR. MONTESANO: THANK YOU, MR. CRESPO.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. RAMOS.
MR. RAMOS: MR. SPEAKER, WILL THE SPONSOR YIELD
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NYS ASSEMBLY JUNE 12, 2019
FOR A QUESTION?
ACTING SPEAKER AUBRY: WILL YOU YIELD -- MR.
CRESPO, DO YOU YIELD?
MR. CRESPO: YES, I DO.
ACTING SPEAKER AUBRY: MR. CRESPO YIELDS.
MR. RAMOS: MR. CRESPO, JUST FOR A LITTLE
CLARIFICATION ON THE LINE OF QUESTIONING THAT -- THAT I HEARD BEFORE.
WHAT'S -- WHAT'S -- THE INFORMATION THAT'S LIMITED IS THE UNDERLYING
SUPPORTING DOCUMENTS, RIGHT?
MR. CRESPO: CORRECT.
MR. RAMOS: SO, POLICE AGENCIES HAVE ACCESS TO THE
ACTUAL INFORMATION GIVEN FROM THOSE DOCUMENTS, RIGHT? THEIR NAME,
ADDRESS...
MR. CRESPO: CORRECT.
MR. RAMOS: ALL THE BACKGROUND INFORMATION. SO
THE ONLY THING THEY'RE NOT GETTING IS THE ORIGINAL DOCUMENT WHICH,
UNDER THIS BILL, THE -- MOTOR VEHICLES DOES NOT KEEP THOSE ORIGINAL
DOCUMENTS ANYWAY.
MR. CRESPO: CORRECT.
MR. RAMOS: THAT WHOLE LINE OF QUESTIONING REALLY
IS MOOT. IT -- IT DOESN'T --
MR. CRESPO: WELL, THE IDEA THAT THERE WOULD BE --
WE ARE SOMEHOW CREATING A SECRET LIST OF DOCUMENTS OR ANYBODY WHO'S
UNDER THAT IMPRESSION, YOU'RE RIGHT. IT WOULD BE WRONG. WE ARE
CLARIFYING THAT SOURCE DOCUMENTS WOULD NOT BE MAINTAINED. ALL OTHER
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NYS ASSEMBLY JUNE 12, 2019
RELEVANT INFORMATION, ONCE YOU'VE BEEN LICENSED AND APPROVED AND
EXTENDED THAT PRIVILEGE OR ANY DRIVER-RELATED RECORDS, ALL OF THAT
BECOMES PART OF YOUR RECORD AND ALL OF THAT IS ACCESSIBLE TO LAW
ENFORCEMENT.
MR. RAMOS: SO, A POLICE OFFICER WOULD BE ABLE TO
ACCESS THAT INFORMATION UPON A CRIMINAL INVESTIGATION?
MR. CRESPO: YES.
MR. RAMOS: YOU'RE NOT LIMITING ANYTHING AS FAR AS
LAW ENFORCEMENT.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RAMOS: I'D LIKE TO COMMEND THE SPONSOR OF
THIS BILL. SOMETHING THAT IS VERY IMPORTANT TO MANY. AND, YOU KNOW,
WE -- WE ALL KNOW THE BENEFITS OF THIS THROUGH THE IMMIGRANT
COMMUNITY. WE ALL KNOW WHAT THIS DOES TO ALLOW SOMEBODY TO DRIVE,
TO BE ABLE TO HAVE A BETTER QUALITY OF LIFE, TO LESS -- YOU KNOW, IT -- IT
REALLY HURTS ME INSIDE WHEN ON A JANUARY OR A FEBRUARY NIGHT, I SEE A
PARADE OF PEOPLE WALKING TO WORK IN THE SNOW, JUST TRYING TO MAKE
ENDS MEET AND WHO HAVE DONE NOTHING OTHER THAN WANTING TO HAVE A
BETTER LIFE FOR THEMSELVES AND FOR THEIR FAMILY. AND TO HEAR A LOT OF THE
RHETORIC THAT WE HEAR IN THIS COUNTRY, DEMONIZING THOSE PEOPLE AND
THEN, YOU KNOW, LONG DEBATES AS WE'RE HAVING NOW, OF PEOPLE TRYING TO
POSTURE AND SLICE AND DICE AND FIND A REASON WHY WE SHOULDN'T DO THIS.
THERE ARE -- YOU KNOW, LET'S -- LET'S TALK ABOUT THE BENEFITS TO AMERICAN
CITIZENS. GIVING A LICENSE TO PEOPLE MEANS THAT THEY HAVE TO QUALIFY TO
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NYS ASSEMBLY JUNE 12, 2019
DRIVE. THAT MEANS THEY HAVE TO PROVE TO MOTOR VEHICLES THAT THEY CAN
DRIVE. DOING THAT MAKES OUR STREETS SAFER. WOULD WE RATHER PEOPLE
DRIVE -- TAKE A RISK AND DRIVE WITHOUT A LICENSE AND HAVE AN UNSAFE
SITUATION? IF A -- THAT BENEFITS US CITIZENS BY MAKING THE STREETS SAFER.
IF A US CITIZEN HAS AN ACCIDENT WITH SOMEBODY WHO DOESN'T HAVE ANY
DOCUMENTS, DOESN'T HAVE A LICENSE, DOESN'T HAVE INSURANCE, THAT FALLS ON
THEIR INSURANCE. AND THERE IS NO OPTION TO SUE. WHAT ARE YOU GOING TO
SUE? WHAT ARE YOU GOING TO GET? ALL YOU HAVE IS WHAT YOUR INSURANCE
-- THAT BENEFITS US CITIZENS. MILLIONS IN REVENUES. WHEN SOMEBODY
GETS A LICENSE AND THEY PAY THE FEE TO GET A LICENSE TO MOTOR VEHICLES,
THAT COMES INTO THE STATE. THE FIRST YEAR, IT'S OVER $50 MILLION COMING
BACK. THAT COMES BACK TO US CITIZENS IN THE FORM OF REVENUES THAT
HELP WITH INFRASTRUCTURE AND OTHER BENEFITS THAT US CITIZENS GET AS A
RESULT OF ALLOWING IMMIGRANTS TO HAVE THESE LICENSES, AND NOW ALL THESE
NEW REVENUES ARE GOING TO BE COMING IN. THE ECONOMIC DEVELOPMENT
IN THE AUTO INDUSTRY WHERE THOUSANDS OF PEOPLE NOW WILL BE ABLE TO
PURCHASE -- PURCHASE CARS. THE MILLIONS IN EXTRA DOLLARS TO THE
INSURANCE INDUST -- INDUSTRY THAT ARE -- THAT'S IMPORTANT TO MANY OF OUR
COLLEAGUES. THAT ADDS TO THE ECONOMIC DEVELOPMENT. WE ALL KNOW
HOW INSURANCE WORKS. THE BIGGER THE POOL OF INSURANCE, THE LOWER THE
RATES GO. THIS BENEFITS US CITIZENS. ADDING THOUSANDS OF NEW PEOPLE
ON THE INSURANCE ROLLS HELPS US CITIZENS. IN -- THE DRIVER'S LICENSE --
YOU KNOW, AND I KEEP HEARING THE ISSUE OF THIS IMPEDING LAW
ENFORCEMENT. I WAS A COP FOR 20 YEARS. THERE IS NOTHING IN THE WORLD
THAT WOULD HELP ME BETTER THAN TO HAVE SOMEBODY HAVE A LICENSE. THAT
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NYS ASSEMBLY JUNE 12, 2019
GIVES ME THEIR NAME, THEIR ADDRESS, WHERE THEY WERE WHEN THEY HAD A
TICKET, WHERE THEY'VE GOTTEN A TICKET, THEIR DRIVING RECORD. WHAT OTHER
CARS THEY OWN, WHAT OTHER CARS ARE REGISTERED IN THEIR HOME. YOU WANT
US TO BELIEVE THAT LAW ENFORCEMENT WOULD RATHER HAVE A PERSON BE
ANONYMOUS? THAT SOMEHOW GIVING THEM A LICENSE IS HURTING LAW
ENFORCEMENT? COME ON NOW. THIS IS LIKE -- YOU KNOW, IT'S GRASPING
FOR STRAWS TO FIND A REASON NOT TO DO THIS; TWISTING THEMSELVES INTO A
PRETZEL TO FIND ONE REASON SO THEY CAN SAY, I GOTCHA. MOBILITY. THE
FACT THAT SOMEBODY CAN NOW DRIVE AND IS NOT LIMITED TO IN-TOWN MEANS
THEY CAN MOVE -- THEY -- THEY CAN GO TO OTHER PARTS OF WHERE -- YOU
KNOW, WHEREVER THEIR VICINITY IS, THEY CAN GO WHERE THEY SPEND MONEY
IN OTHER AREAS. THAT ADDS TO ECONOMIC DEVELOPMENT. IN OTHER STATES
THAT HAVE PASSED THIS LAW, THERE HAS BEEN A DRAMATIC DECREASE IN
HIT-AND-RUN ACCIDENTS. IN THE FIRST YEAR AFTER HAVING PASSED THIS AND A
DIRECT NEXUS HAS BEEN PROVEN IN OTHER STATES BETWEEN THAT LAW AND THE
REDUCTION OF HIT-AND-RUN ACCIDENTS. IT BENEFITS US CITIZENS.
EMPLOYERS. EMPLOYERS AND SMALL BUSINESSES THAT ARE VERY IMPORTANT TO
MANY OF OUR COLLEAGUES HERE, THEIR EMPLOYEES CAN NOW GET TO WORK ON
TIME, ON A TIMELY BASIS. THEY CAN COUNT ON THEM. THERE'S MORE
REGULARITY FOR THEIR BUSINESSES. THESE ARE ALL REASONS THAT AFFECT US
CITIZENS. BENEFITS. AND, YOU KNOW, WHEN -- WHEN WE -- THE PRACTICE OF
THIS, YOU KNOW, THE TRYING -- ANALYZING, SLICE AND DICE AND FIND SOME
REASON TO SAY NO. YOU KNOW -- I MEAN, THE BIGGEST DEBATE THEY CAN
COME OUT WITH IS THE SIZE OF THE FONT ON THE -- ON THE ADVISEMENT THAT
SAYS, THIS CAN'T BE USED FOR FEDERAL PURPOSES. THERE'S BEEN A GAZILLION
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NYS ASSEMBLY JUNE 12, 2019
AMENDMENTS MADE BY THE SPONSOR TO THIS BILL ABOUT THINGS AS FRIVOLOUS
AS THAT, AS THE FONT USED ON -- ON THE LICENSE. LET'S REALLY TALK ABOUT
WHAT THIS IS REALLY ABOUT. WE KNOW WHY THE RESISTANCE. WE KNOW
WHAT IT'S ABOUT. IT'S ABOUT THE PEOPLE WHO WE ARE GIVING LICENSES TO.
JUST SAY IT. I WOULD RESPECT MORE IF IT'S JUST SAID. SOME PEOPLE DON'T
WANT IMMIGRANTS TO GET LICENSES. THEY DON'T WANT ANYTHING GIVEN TO
IMMIGRANTS TO BENEFIT THIS SEGMENT OF THE COMMUNITY BECAUSE THAT
SEGMENT OF THE COMMUNITY HAS BEEN DEMONIZED AND USED POLITICALLY AS
A WEAPON TO -- TO GARNER VOTES. SO THE MORE YOU PUNISH THIS GROUP, THE
MORE YOU MAKE ANOTHER GROUP HAPPY. THAT, IN THE END, IS WHAT IT IS
ABOUT. I JUST LISTED A WHOLE BUNCH OF REASONS WHY WE SHOULD DO THIS.
AND I HOPE THAT ALL MY COLLEAGUES HERE LOOK AT THE FACTS. AND I KNOW
THE FACTS DON'T MEAN MUCH TO HAVE -- TO THOSE WHO HAVE THOSE NEGATIVE
EMOTIONS AGAINST THIS SEGMENT OF THE COMMUNITY, BUT I -- THIS IS A -- A
BILL THAT MAKES SENSE FOR US CITIZENS. THIS IS A BILL ABOUT HUMANITY. I
HOPE THAT OUR COLLEAGUES IN THE SENATE GARNER THE COURAGE TO MAKE THIS
VOTE ABOUT WHAT'S RIGHT, NOT WHAT'S POPULAR. ABOUT WHAT'S RIGHT. IF -- IF
LEADERS IN THIS COUNTRY WENT BY WHAT'S POPULAR, THEY WOULD'VE NEVER
FREED THE SLAVES AT THE TIME. THERE WERE PEOPLE WHO STOOD UP ON
PRINCIPLE AND SAID, LOOK, THIS IS THE RIGHT THING TO DO, REGARDLESS OF THE
NEGATIVE EMOTIONS THAT WE SEE AROUND US.
SO I ASK MY COLLEAGUES TO PLEASE STAND UP ON PRINCIPLE
AND DO WHAT'S RIGHT AND PASS THE GREEN LIGHT BILL.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. ASHBY.
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NYS ASSEMBLY JUNE 12, 2019
MR. ASHBY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: ABSOLUTELY.
MR. ASHBY: THANK YOU, MR. CRESPO. I HAD A
COUPLE QUESTIONS REGARDING SECTION 5 IN THIS BILL. COULD YOU EXPLAIN
THE CHANGES THAT ARE BEING MADE TO THE AUTOMATIC REGISTRATION FOR
SELECTIVE SERVICE?
MR. CRESPO: SELECTIVE SERVICE?
MR. ASHBY: YES.
MR. CRESPO: OKAY. A COUPLE OF THINGS. YES. WE
HAVE IN NEW YORK STATE ALLOWED INDIVIDUALS TO, AND REQUESTED THAT
INDIVIDUALS REGISTER FOR SELECTIVE SERVICE AS PART OF THE APPLICATION. TO
BE CLEAR, AGAIN, IT'S AN EXAMPLE OF SOMETHING THAT HAS BEEN
IMPLEMENTED HERE. I'M AWARE -- UNAWARE OF ANY OTHER STATE THAT
CURRENTLY USES THEIR LOCAL DMVS FOR THIS PURPOSE. BUT -- AND NOT ONLY
WOULD YOU CURRENTLY BE FORCED TO REGISTER, BUT THAT INFORMATION WOULD
BE SENT TO THOSE AGENCIES. WE'RE NOT -- WE'RE NOT ELIMINATING THAT
PROCESS, WE'RE SIMPLY CLARIFYING THAT IT IS AN OPTIONAL PROCESS WITHIN
THAT APPLICATION. SO, SOMEBODY MAY STILL CHOOSE TO REGISTER FOR
SELECTIVE SERVICE WITH THEIR LOCAL APPLICATION. WE'RE NOT PREVENTING
THAT, BUT WE'RE NOT MAKING IT A MANDATED PROCESS. IT'S -- I -- I WOULD --
I WOULD MAKE AKIN TO THE DONOR REGISTRATION, THE ORGAN DONOR
REGISTRATION PORTION OF THE APPLICATION. AGAIN, IT'S AN OPTION YOU HAVE
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NYS ASSEMBLY JUNE 12, 2019
TO USE THIS OPPORTUNITY TO REGISTER FOR THAT, BUT WE'RE SIMPLY CHANGING
THE FACT THAT YOU DO NOT HAVE TO AS A CONDITION TO SECURING A DRIVER'S
LICENSE.
MR. ASHBY: ISN'T IT -- ISN'T IT FEDERAL LAW THAT
MANDATES EVERY -- EVERY MALE AGES 18 TO 25 WITHIN THE UNITED STATES,
DOCUMENTED OR UNDOCUMENTED, REGISTER FOR SELECTIVE SERVICE?
MR. CRESPO: YES, BUT IT'S NOT FEDERAL LAW THAT YOU
DO SO AS A CONDITION TO ACCEPT -- TO SECURING A DRIVING PRIVILEGE. THAT
IS SOMETHING WE AT SOME POINT ADDED TO THE PROCESS FOR DMV, AND
WE'RE SIMPLY NOW MAKING IT SO THAT IT'S NOT A CONDITION, A MANDATED
CONDITION AS PART OF SECURING A DRIVING PRIVILEGE.
MR. ASHBY: WELL, OF THE OTHER STATES THAT HAVE
IMPLEMENTED SIMILAR LEGISLATION, INCLUDING COLORADO, CONNECTICUT,
DELAWARE, HAWAII, ILLINOIS, NEW MEXICO AND UTAH, IT'S ALL AUTOMATIC.
SO, WHAT'S THE POLICY RATIONALE BEHIND -- BEHIND THIS?
MR. CRESPO: DMV SHOULD BE PRIMARILY CONCERNED
WITH IDENTIFYING, TRAINING, EDUCATING DRIVERS, ENSURING THAT THEY ARE
PROPERLY TRAINED TO OPERATE A MOTOR VEHICLE AND REGULATING THE TIME AND
THE MANNER IN WHICH THEY DO SO. THEIR PRIMARY RESPONSIBILITIES DO NOT
INVOLVE FEDERAL REQUIREMENTS FOR SELECTIVE SERVICE OR A NUMBER OF
OTHER THINGS, AND WE FEEL THAT IT'S UNNECESSARY TO MAKE THAT A CONDITION
TO IDENTIFY WHO IS ELIGIBLE TO DRIVE AND DO SO SAFELY.
MR. ASHBY: WHAT ALTERNATIVE MEANS TO REGISTER FOR
SELECTIVE SERVICE ARE AVAILABLE TO THOSE WHO ARE REQUIRED TO REGISTER?
MR. CRESPO: THERE MAY BE MULTIPLE PATHWAYS. I
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WOULD NOT BE ABLE TO TELL YOU ALL OF THEM. AND AGAIN, NOT EVERY DMV,
NOT EVERY STATE -- IT'S NOT FEDERALLY MANDATED THAT THAT BE A PART OF THIS
APPLICATION, THE WAY THAT THE VOTER REGISTRATION IS MANDATED TO BE A PART
OF THE APPLICATION.
MR. ASHBY: BASED ON THAT RESPONSE, I -- I DON'T
THINK --
MR. CRESPO: I'M SORRY?
MR. ASHBY: -- WOULD YOU KNOW -- BASED ON THAT --
BASED ON YOUR RESPONSE TO THAT, I DOUBT YOU WOULD KNOW THE
PERCENTAGE OF PEOPLE WHO'VE TAKEN THOSE ALTERNATIVE MEANS TO REGISTER
FOR SELECTIVE SERVICE THAT WAY.
MR. CRESPO: NO. I DON'T -- I WOULDN'T KNOW THAT.
I ALSO WOULDN'T KNOW THE NUMBER OF UNDOCUMENTED AMERICANS SERVING
IN OUR MILITARY TODAY. I KNOW THERE ARE MANY, AND I HAVE REFERENCED
THEIR NAMES IN THE PAST. BUT NO, I DON'T HAVE THOSE NUMBERS OFF THE TOP
OF MY HEAD.
MR. ASHBY: JUST FOR CLARIFICATION, COULD YOU
EXPLAIN WHO IS REQUIRED TO REGISTER?
MR. CRESPO: I'M SORRY?
MR. ASHBY: JUST FOR CLARIFICATION, CAN YOU EXPLAIN
WHO IS REQUIRED TO REGISTER FOR SELECTIVE SERVICE?
MR. CRESPO: TO REGISTER FOR WHAT?
MR. ASHBY: SELECTIVE SERVICE.
MR. CRESPO: NO, I -- I DON'T KNOW. AND AGAIN, IT'S
JUST NOT RELATIVE TO OUR BILL NOR THE RESEARCH THAT I'VE DONE PERTAINING TO
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THIS BILL.
MR. ASHBY: WELL, I -- I THINK IT IS PERTINENT TO THE
BILL BECAUSE IT'S REQUIRING AN OPTION THAT'S KIND OF GOING AGAINST THE
GRADE WITH A LOT OF LEGISLATION THAT WE'VE SEEN PUT FORTH THAT'S SIMILAR
ACROSS THE COUNTRY. AND WITH VERY FEW EXCEPTIONS, ALL MALES BETWEEN
THE AGES OF 18 AND 25 MUST REGISTER WITH SELECTIVE SERVICE WITHIN 30
DAYS OF ARRIVING IN THE UNITED STATES. THIS INCLUDES US BORN AND
NATURALIZED CITIZENS, PAROLEES, UNDOCUMENTED IMMIGRANTS, LEGAL
PERMANENT RESIDENTS, ASYLUM SEEKERS, REFUGEES AND ALL MALES WITH
VISAS OF ANY KIND WHICH EXPIRED MORE THAN 30 DAYS AGO. CAN YOU TELL
US WHAT THE PENALTIES ARE FOR FAILING TO REGISTER?
MR. CRESPO: NOT RELATIVE TO THIS BILL. I COULD NOT
TELL YOU.
MR. ASHBY: WELL, IT'S A FELONY PUNISHABLE BY A FINE
UP TO $250,000, FOR A PRISON TERM OF UP TO FIVE YEARS, LOSS OF ACCESS TO
CITIZENSHIP, ACCESS TO FEDERAL JOBS AND STUDENT AID AND FEDERAL JOB
TRAINING.
MR. CRESPO: MR. ASHBY, I -- I -- I UNDERSTAND -- I
GUESS I UNDERSTAND WHAT YOU'RE -- WHAT THE POINT YOU'RE MAKING IN
REGARDS TO THOSE REGULATIONS AND WHO'S MANDATED. BUT NONE OF THAT IS
CHANGED BY THIS BILL. WE'RE NOT SUGGESTING THAT THE STATE OF NEW YORK
- AND I HAVE NOT SUGGESTED AS THE SPONSOR OF THIS BILL - THAT DMV
SIMPLY NOT ADDRESS THE ISSUE OF SELECTIVE SERVICE AT ALL. BUT RATHER, IT IS
NOT THE MANDATED PATHWAY FOR THAT SELECTIVE SERVICE TO BE APPLIED FOR.
THERE ARE MULTIPLE PATHWAYS. THERE MAY BE OTHER AGENCIES WHERE IT'S
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MORE APPROPRIATE. THERE MAY BE OTHER OPPORTUNITIES. AND WE'RE NOT
CERTAINLY CHANGING THE REQUIREMENTS FOR WHO MUST AND WHEN REGISTER
FOR SELECTIVE SERVICE. WE'RE SIMPLY SAYING THAT FROM A PRECONDITION OF
SECURING A DRIVING PRIVILEGE, IT WILL NOW BE -- NOT UNLIKE THE ORGAN AND
TISSUE DONATION, IT WOULD BE AN OPTION FOR AN APPLICANT FOR A DRIVING
PRIVILEGE. DMV IS -- EXISTS TO REGULATE THOSE WHO ARE DRIVING, WHO CAN
DRIVE, WHEN AND HOW. WE'RE NOT CHANGING ANY OF THE OTHER PROVISIONS
OF WHAT YOU'RE REFERRING TO.
MR. ASHBY: WELL, I CAN APPRECIATE THE ANALOGY TO
ORGAN DONATION. THERE IS A SUBTLE DIFFERENCE THERE, IN THAT IT'S UNDER
FEDERAL LAW THAT THIS IS A REQUIREMENT.
MR. CRESPO: UNDER FEDERAL LAW IT'S REQUIRED
WHAT? I'M SORRY.
MR. ASHBY: THAT IT'S -- THAT IT'S FEDERAL LAW THAT ALL
MALE -- MALES AGES 18 TO 25 REGISTER FOR SELECTIVE SERVICE.
MR. CRESPO: CORRECT. AND WE'RE NOT CHANGING
THAT, AS I SAID. BUT IT'S NOT -- IS IT FEDERAL LAW THAT IT BE A PART OF YOUR
DMV -- LOCAL DMV APPLICATION?
MR. ASHBY: WOULDN'T YOU WANT TO INCREASE ACCESS
FOR THAT?
MR. CRESPO: THAT'S A LAUDABLE GOAL, BUT IT'S NOT THE
RESPONSIBILITY OF DMV, AND IT'S NOT THE ONLY AVENUE FOR THEM TO DO SO.
AND THE FEDERAL LAW DOES NOT REQUIRE THAT TO BE A PART OF YOUR DRIVING
APPLICATION. I THINK THE -- WHAT I'M TRYING TO JUST SORT OF RECONFIRM, MR.
ASHBY, I AM NOT IN ANY WAY TRYING TO INTERFERE WITH ENCOURAGING
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INDIVIDUALS TO -- TO MEET THAT FEDERAL MANDATE OR TO APPLY FOR SELECTIVE
SERVICE. SIMPLY SAYING IT IS NOT PERTINENT TO YOUR ABILITY TO DRIVE A
MOTOR VEHICLE. IT DOESN'T ADDRESS THE WORKERS, THE FAMILIES THAT NEED TO
GET AROUND IN OUR STATE. IT DOESN'T ADDRESS THE PUBLIC SAFETY ISSUES OF
INDIVIDUALS WHO ARE FORCED TO DRIVE UNLICENSED OR UNINSURED AND --
AND, THEREFORE, IT IS NOT A PRIMARY RESPONSIBILITY OF THE DMV. THERE
ARE OTHERS WAYS THAT FOLKS CAN DO THAT. WE'RE NOT CHANGING WHO IS
ELIGIBLE OR MUST REGISTER FOR SELECTIVE SERVICE. WE'RE SIMPLY SAYING
THAT MOVING FORWARD, DMV WOULD MAKE THAT OPPORTUNITY AVAILABLE IN
YOUR APPLICATION, BUT IT'S NOT A MANDATED CONDITION FOR SECURING DRIVING
PRIVILEGES.
MR. ASHBY: I CAN APPRECIATE THAT, AND I APPRECIATE
THE INTENT OF THE LEGISLATION AND WANTING TO HELP PEOPLE WHO ARE HERE
AND HELPING THEM ACCESS PROGRAMS. BUT I FEEL LIKE BY NOT MAKING THIS
IS AN AUTOMATIC REGISTRATION LIKE SEVERAL OTHER STATES ARE, YOU'RE OPENING
UP THE POSSIBILITY FOR ACCESS TO BE HINDERED BECAUSE OF THESE PENALTIES.
DO YOU RECOGNIZE THAT?
MR. CRESPO: NO. I -- I'M NOT SURE WHAT ACCESS
WE'RE DENYING, I'M SORRY.
MR. ASHBY: SO UNDER THE PENALTY FOR NOT
REGISTERING, YOU HAVE UP TO A $250,000 FINE, A PRISON TERM OF UP TO FIVE
-- FIVE YEARS, A LOSS OF ACCESS TO CITIZENSHIP, FEDERAL JOBS, FEDERAL
STUDENT AID AND JOB TRAINING. PUTTING ALL OF THOSE THINGS AT RISK BECAUSE
YOU'RE NOT REGISTERED
MR. CRESPO: WELL, AND -- AND ACTUALLY IN OUR
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LANGUAGE WE ALSO STATE THAT DMV HAS TO PUT ON THE APPLICATION WHAT
THOSE CONSEQUENCES ARE FOR FAILING TO REGISTER. SO, WE ARE TAKING THE
OPPORTUNITY TO REMIND PEOPLE OF THE VERY CONCERN YOU HAVE, WHAT IT
MEANS NOT TO MEET THAT OBLIGATION. BUT AGAIN, WHETHER YOU MEET THAT
OBLIGATION OR NOT AND WHETHER OR NOT YOU ARE SOMEBODY WHO HAS BEEN
TRAINED AND PROPERLY VETTED IN ORDER TO OPERATE A MOTOR VEHICLE, THEY'RE
TWO DIFFERENT THINGS, AND ONE IS RELATIVE TO THE PRIMARY RESPONSIBILITY OF
THE DMV, THE OTHER IS NOT.
MR. ASHBY: THANK YOU, MR. CRESPO.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
ASHBY.
MR. ASHBY: THE BILL BEFORE US REMOVES THE
AUTOMATIC REGISTRATION THAT ASSEMBLY MAJORITY FOUGHT FOR BACK IN 2002.
THIS BILL MAKES IT MORE DIFFICULT FOR APPLICABLE NEW YORKERS TO COMPLY
WITH FEDERAL LAW, A LAW THAT APPLIES TO BOTH CITIZENS AND UNDOCUMENTED
IMMIGRANTS ALIKE. THE PENALTY FOR FAILING TO REGISTER WITH SELECTIVE
SERVICE IS A FELONY, AND COULD INCLUDE A FINE UP TO $250,000, A PRISON
TERM UP TO FIVE YEARS, AND COULD PREVENT ACCESS TO BENEFITS LIKE
CITIZENSHIP, FEDERAL JOBS AND A FEDERAL STUDENT LOAN -- OR FEDERAL
STUDENT FINANCIAL AID. WHAT'S MORE, CHOOSING AN OPT-IN MECHANISM
UNNECESSARILY PUTS NEW YORKERS AT RISK OF PERMANENTLY LOSING ACCESS
FOR THE AFOREMENTIONED BENEFITS. BY PROVIDING AN OPT-IN MECHANISM
ON THIS BILL, APPLICANTS COULD BE CONSIDERED TO BE KNOWINGLY AND
WILLFULLY FAILING TO REGISTER, BARRING THEM FROM CITIZENSHIP, FINANCIAL
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AID AND FROM JOINING THE FEDERAL WORKFORCE. FINALLY, THE SELECTIVE
SERVICE SPECIFICALLY STATES THAT THEY HAVE NOT NOW OR IN THE PAST
COLLECTED OR SHARED ANY INFORMATION WHICH WOULD INDICATE A MAN'S
IMMIGRATION STATUS, EITHER DOCUMENTED OR UNDOCUMENTED. CIVIL
SERVICE HAS NO AUTHORITY TO COLLECT SUCH INFORMATION, HAS NO USE FOR IT,
AND IT IS IRRELEVANT TO THE REGISTRATION REQUIREMENT. CONSEQUENTLY, THERE
IS NO IMMIGRATION DATA TO SHARE WITH ANYONE. ELEVEN OTHER STATES,
INCLUDING NEW YORK, THAT ALLOW SOME TYPE OF DRIVING PRIVILEGE TO
UNDOCUMENTED IMMIGRANTS HAVE ENACTED LEGISLATION THAT PROVIDES
AUTOMATIC REGISTRATION WITH THE SELECTIVE SERVICE ON DMV FORMS.
ONLY WASHINGTON, D.C. AS OF RIGHT NOW HAS AN OPT-IN POLICY.
THIS BILL IS FLAWED IN MANY WAYS, NOT LEAST OF THEM THE
HEAD-SCRATCHING PUBLIC POLICY DECISION TO REMOVE AUTOMATIC
REGISTRATION WITH THE SELECTIVE SERVICE ON DMV FORMS. WHILE WE
SHOULD BE LOOKING FOR WAYS TO MAKE REGISTERING FOR THE SELECTIVE
SERVICE EASIER FOR NEW YORKERS, LIKE THE ASSEMBLY MAJORITY DID BACK
IN 2002, THIS BILL UNDOES THAT GOOD WORK AND NEEDLESSLY PUTS YOUNG
MEN OF ALL CITIZENSHIP STATUSES IN JEOPARDY BY MAKING IT MORE DIFFICULT
TO COMPLY WITH FEDERAL LAW.
I WILL VOTE -- BE VOTING NO ON THIS AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM. MS. WEINSTEIN IS ON HER WAY.
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ACTING SPEAKER AUBRY: WAYS AND MEANS,
SPEAKER'S CONFERENCE ROOM.
MS. CRUZ.
MS. CRUZ: WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: CERTAINLY, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. CRUZ: MR. CRESPO, FIRST, THANK YOU FOR YOUR
SPONSORSHIP AND YOUR WORK ON BEHALF OF OUR COMMUNITY. I HAVE A FEW
QUESTIONS THAT I HOPE WILL DISPEL SOME OF THE MISINFORMATION
PROMULGATED OUT THERE ABOUT THIS LEGISLATION. ARE UNDOCUMENTED
PEOPLE CURRENTLY DRIVING IN OUR STATE?
MR. CRESPO: DRIVING? YES.
MS. CRUZ: WHAT HAPPENS WHEN AN UNDOCUMENTED
PERSON WHO IS UNINSURED GETS INTO A CAR ACCIDENT WITH A PERSON WHO IS
LICENSED AND INSURED?
MR. CRESPO: UNFORTUNATELY, IN MANY INSTANCES THAT
PERSON WILL FLEE THE SCENE OUT OF FEAR OF OTHER CONSEQUENCES PERTAINING
TO THAT. IT ALSO IMPACTS ALL THE REST OF US AS INSURED MOTORISTS WITH
REGARDS TO THE RISK POOL THAT EXISTS IN THE MARKET.
MS. CRUZ: IF YOUR PROPOSED LEGISLATION FAILS TO
BECOME LAW, WILL UNDOCUMENTED IMMIGRANTS CONTINUE TO DRIVE IN OUR
STATE'S ROADS?
MR. CRESPO: YES.
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MS. CRUZ: DOES THE IMPLEMENTATION OF THIS LAW
CARRY ANY FINANCIAL BURDEN ON OUR STATE? IN OTHER WORDS, IS THERE A
FISCAL IMPACT?
MR. CRESPO: ONLY WHERE IT WOULD RAISE SIGNIFICANT
REVENUES. TWENTY -- THERE ARE FISCAL POLICY INSTITUTE NUMBERS
SOMEWHERE IN FIRST-TIME FEES OF $20-PLUS MILLION. IN ANNUALIZED
REVENUE TO THE STATE, SOMEWHERE BETWEEN $50- TO $60 MILLION.
MS. CRUZ: WILL AN UNDOCUMENTED PERSON BE ABLE TO
USE THIS PIECE OF IDENTIFICATION TO FLY IN AND OUT OF THE COUNTRY?
MR. CRESPO: NO.
MS. CRUZ: WHAT ABOUT TO ANOTHER STATE?
MR. CRESPO: NO.
MS. CRUZ: CAN AN UNDOCUMENTED PERSON VOTE WITH
THIS PIECE OF IDENTIFICATION?
MR. CRESPO: NO.
MS. CRUZ: HAS THE SKY FALLEN ON CALIFORNIA OR NEW
MEXICO WHERE THIS ALREADY LAW?
MR. CRESPO: THE ONLY THING THAT'S FALLEN IS THE
NUMBER OF MOTOR VEHICLE-RELATED ACCIDENTS AND HIT-AND-RUNS.
MS. CRUZ: THANK YOU, MR. CRESPO.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. CRUZ: I WANT TO THANK THE SPONSOR FOR HIS
POLITICAL COURAGE IN CARRYING THIS BILL. I ALSO WANT TO THANK THE ORIGINAL
DREAMERS -- OUR PARENTS -- AND THE GREEN LIGHT COALITION AND THE NEW
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YORK IMMIGRATION COALITION AND MAKE THE ROAD, AND ALL THE OTHER
COMMUNITY ORGANIZATIONS WHO HAVE BEEN FIGHTING FOR DECADES TO BRING
BACK THE RIGHT TO DRIVE. I KNOW FIRSTHAND WHAT ANTI-IMMIGRANT
SENTIMENT LOOKS LIKE, AND CAN SPEAK FROM THE HEART ABOUT THE AMOUNT OF
HATE MAIL AND DEATH THREATS THAT I HAVE RECEIVED SIMPLY BECAUSE I'VE
BEEN WANTING TO TELL THE STORY OF WHAT IT MEANS TO GROW UP
UNDOCUMENTED AND WITHOUT A DRIVER'S LICENSE AND HOW THAT CHANGES A
FAMILY'S LIFE. I ALSO WANT TO COMMEND MY COLLEAGUES WHO TODAY WILL
VOTE IN FAVOR OF THIS BILL DESPITE THE BACKLASH THAT I KNOW MANY OF THEM
WILL RECEIVE BACK HOME, BECAUSE IN THEIR HEARTS THEY UNDERSTAND THAT
THIS IS THE RIGHT THING TO DO. THE SAFETY AND SOCIOECONOMIC IMPACT THAT
THIS BILL WILL HAVE ON ALL THE PEOPLE OF OUR STATE IS CLEAR. IT IS
WELL-DOCUMENTED. AND SO I'M LEFT TO WONDER IF THOSE VOTING AGAINST IT
ARE SIMPLY PLACING THEIR ANIMUS TOWARD A CERTAIN GROUP OVER THE CLEAR
MERITS OF THIS BILL AND THE BENEFITS THAT IT WILL HAVE ACROSS COMMUNITIES
IN OUR STATE.
AS MANY OF YOU KNOW, I GREW UP UNDOCUMENTED AND
CAN TELL YOU HOW THIS WILL CHANGE THE LIFE OF A FAMILY. BEING DENIED THE
RIGHT TO DRIVE, TO A DRIVER'S LICENSE, MERELY BECAUSE YOU LACK
IMMIGRATION STATUS ALONE CREATES UNNECESSARY BOUNDARIES FOR FAMILIES
TO THRIVE. FOR UNDOCUMENTED IMMIGRANTS, IT MAKES AN ALREADY DIFFICULT
LIFE MUCH MORE DIFFICULT. THIS IS AN ISSUE OF SHEER HUMANITY. NOT
HAVING A DRIVER'S LICENSE OUTSIDE OF THE FIVE BOROUGHS OF NEW YORK
CITY WHERE THERE IS LITTLE TO NO PUBLIC TRANSPORTATION CAN BE AN ULTIMATE
DEATH SENTENCE FOR THOUSANDS OF FAMILIES. THEY CAN'T TRAVEL TO THEIR
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CHILDREN'S SCHOOL. THEY CAN'T TRAVEL TO A DOCTOR'S APPOINTMENT. THEY
CAN'T TRAVEL TO WORK. I FLED VIOLENCE AND POVERTY IN COLUMBIA WHEN I
WAS NINE YEARS OLD, WITH MY MOTHER, WHO IS HERE WITH US TODAY. WE
SETTLED IN QUEENS AND WORKED TO SURVIVE TO EARN THE OPPORTUNITY FOR A
BETTER LIFE. I WATCHED AS MY MOTHER CLEANED OFFICES, SOLD TAMALES, AND
TOOK ON ANY JOB SO THAT SHE COULD PUT FOOD ON THE TABLE AND I WOULD
HAVE A CHANCE TO DO WELL IN SCHOOL. BUT ALTHOUGH HER PERSEVERANCE
WAS LIMITLESS, OUR ABILITY TO SUCCEED WAS LIMITED BY OUR IMMIGRATION
STATUS. AT FIRST, NOT HAVING A DRIVER'S LICENSE WAS ONLY AN
INCONVENIENCE. MY MOTHER'S LONG TRAIN RIDES HOME AFTER WORK, AFTER AN
OVERNIGHT SHIFT, OR HAVING TO TAKE THREE TRAINS JUST TO GET MY SISTER TO THE
DOCTOR. BUT LATER, AS I GOT OLDER AND REALIZED THE SUBTLE WAYS THAT LACK
OF A DRIVER'S LICENSE CAN ENTIRE -- CAN IMPACT AN ENTIRE FAMILY, I BEGAN
TO PLAN -- TO EMERGENCY PLAN WHEN I WAS 13 YEARS OLD. MY MOTHER
COULD BE PICKED UP BY ICE AT ANY GIVEN MOMENT - BACK THEN IT WAS
CALLED INS - AND I WOULD BE LEFT TO CARE FOR MY SISTERS AND BE SEPARATED
FROM THE ONLY HOME I EVER KNEW, ALL BECAUSE MY MOTHER WANTED TO
MAKE SURE THAT SHE COULD GO TO WORK AND I WOULD GET A CHANCE TO LIVE.
A 13 YEAR-OLD SHOULD NOT BE WORRIED ABOUT EMERGENCY PLANNING. A 13
YEAR-OLD SHOULD BE WORRIED ABOUT WHAT HIGH SCHOOL SHE'S GOING TO GO
TO. I GREW UP IN PARTS OF QUEENS THAT HAVE TRANSIT DESERTS. OFTEN, THE
NEAREST SUBWAY STATION WAS A 20-MINUTE BUS RIDE AWAY. THIS MEANT
THAT MY EDUCATION AND MY EMPLOYMENT CHOICES WERE LIMITED BY MY
COMMUTE. I COULDN'T CONSIDER COLLEGES FURTHER AWAY THAN MANHATTAN.
AND EVEN THEN, I'D HAVE TO TRAVEL HOURS ON THE TRAIN TO GET TO MY CLASSES
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AT JOHN JAY COLLEGE. TWO TRAINS AND A BUS. THAT'S WHAT I WOULD HAVE
TO TAKE EVERY MORNING TO GET TO SCHOOL, JUST SO THAT I HAD A SHOT AT AN
EDUCATION. SIMILARLY, MY MOTHER WAS FORCED TO TURN DOWN JOBS TO EARN
MORE MONEY BECAUSE SHE HAD NO WAY TO GET TO THEM. SHE COULD ONLY
TAKE A WORK THAT WAS ACCESSIBLE BY PUBLIC TRANSPORTATION, PUSHING OUR
FAMILY DEEPER INTO POVERTY. MOMMY IS NOW A HEAD START TEACHER, BUT
FOR YEARS SHE STRUGGLED BY TAKING CARE OF OTHER PEOPLE'S CHILDREN AND
CLEANING OTHER PEOPLE'S HOMES. HER INABILITY TO DRIVE ALSO MEANT THAT
SHE COULDN'T ALWAYS BE THERE TO WITNESS HER HARD WORK COME TO FRUITION.
WHEN I WAS IN COLLEGE, I WAS INDUCTED INTO THE HONOR SOCIETY, AND I
STOOD ON STAGE ALONE BECAUSE MY MOTHER COULDN'T ATTEND THE CEREMONY.
SHE WOULDN'T BE ABLE TO MAKE IT TO THE CEREMONY AFTER WORK USING THE
SUBWAY. BUT OUR STORY IS NOT UNIQUE. HUNDREDS OF THOUSANDS OF NEW
YORKERS ACROSS THE STATE STILL LIVE THE WAY WE DID. WE SIMPLY WANT AN
OPPORTUNITY. WE WANT TO BE ABLE TO DRIVE TO OUR JOBS, PICK UP OUR KIDS
FROM SCHOOL, GO TO THE DOCTOR IN AN EMERGENCY. TO DO THE EVERYDAY
THINGS THAT THE REST OF US GET TO DO. (SPEAKING FOREIGN LANGUAGE)
AND SO WE'RE BEING DENIED THIS OPPORTUNITY. WE'RE
NOT LOOKING FOR A FREE PASS. WE JUST WANT THE SAME ABILITY TO APPLY FOR
A LICENSE PROVIDED TO ANY OTHER ELIGIBLE PERSON WHO HAS PASSED A ROAD
SAFETY AND A PROFICIENCY EXAM TO QUALIFY. TWELVE STATES, INCLUDING
CALIFORNIA, AND EVEN MORE POLITICALLY-CONSERVATIVE PLACES LIKE UTAH
HAVE PASSED SIMILAR LEGISLATION, AND MORE STATES LIKE WISCONSIN AND
NEW JERSEY ARE ON THEIR WAY TO THAT. IT'S SHAMEFUL THAT NEW YORK,
WHICH IS SUPPOSEDLY A BEACON OF JUSTICE AND THE GATEWAY TO
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OPPORTUNITY, HAS FALLEN SO HARD BEHIND. STATES THAT ALLOW DRIVER'S
LICENSES FOR ALL HAVE SEEN THEIR NUMBERS OF UNINSURED MOTORISTS DROP,
WHILE ENSURING THAT DRIVERS ARE PROPERLY REGISTERED AND REGULATED. AND
IMPORTANTLY, THE SKY HAS NOT FALLEN ON THEM. HAVING A GREATER NUMBER
OF LICENSED AND INSURED DRIVERS ON THE ROAD WILL GUARANTEE SAFER STREETS
FOR EVERYONE, AND THEY WILL OPEN THE DOOR TO EMPLOYMENT OPPORTUNITIES
AND ECONOMIC ACTIVITY AS A NEW POPULATION OF WORKERS AND CUSTOMERS
CAN ACTUALLY SPEND MONEY.
LASTLY, THE FISCAL IMPACTS OF THE BILL ARE OUTSTANDING.
ACCORDING TO A REPORT BY THE NEW YORK CITY COMPTROLLER, LEGALLY
LICENSING UNDOCUMENTED IMMIGRANTS TO DRIVE WILL GENERATE $9.6
MILLION IN DRIVER'S LICENSE FEES TO NEW YORK STATE. AN ADDITIONAL
$1.3 MILLION WOULD GO TO THE MET -- THE MTA - AND WE'RE ALWAYS
COMPLAINING THAT THE MTA DOESN'T HAVE ENOUGH MONEY - A BOOST IN
SALES TO THE AUTO INDUSTRY TO THE TUNE OF ALMOST 3 PERCENT, GENERATING
$4.2 MILLION IN REGISTRATION AND TITLE FEES AND ANNUAL REVENUES OF ABOUT
$730,000. ANOTHER ALMOST $1 MILLION IN VEHICLE USE TAXES WILL GO TO
NEW YORK CITY, AND $1.4- ADDITIONAL TO THE MTA. VEHICLE AND
GASOLINE TAXES RELATED TO THE AUTO INDUSTRY WOULD INCREASE BY
$10.3 MILLION. ANOTHER $11 MILLION WILL GO TO THE CITY, AND YET
ANOTHER $1 MILLION TO THE MTA. ALL AND ALL, WE'RE LOOKING AT MORE
THAN $50 MILLION IN MONEY THAT CAN COME TO THE STATE. EVERY YEAR OUR
LEGISLATURE COMPLAINS THAT WE DON'T HAVE ENOUGH MONEY FOR ALL THE
WORK THAT NEEDS TO BE DONE IN OUR COMMUNITIES, AND THIS IS A CLEAR WAY
TO GET THAT MONEY. YET WE STAND HERE WITH THE EVIDENCE AND WANT TO
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NYS ASSEMBLY JUNE 12, 2019
VOTE NO. THAT CAN'T BE THE KIND OF STATE THAT WE ARE. AS LEGISLATORS, WE
KNOW THERE ARE TIMES THAT WE MUST LEAD OUR COMMUNITIES DOWN THE
PATH OF HISTORICAL CHANGE. THAT IS HOW WOMEN GOT THE RIGHT TO VOTE.
AND THAT IS HOW RECENTLY WE GOT BAIL REFORM AND GENDA.
OUR VOTE IN FAVOR OF THIS BILL TODAY CAN BEGIN TO RIGHT
THIS WRONG, AND EXPAND ACCESS TO DRIVER'S LICENSES FOR ALL NEW YORKERS.
TODAY WE SHOW THE WORLD THAT NEW YORK IS A TRUE BEACON OF
IMMIGRANT HOPE. AND TO MY COLLEAGUES ON THE OTHER SIDE OF OUR
AMAZING LEGISLATURE, DO NOT LET HISTORY REPEAT ITSELF. GARNISH THE
POLITICAL COURAGE OVER AT THE SENATE AND DO THE RIGHT THING BY VOTING
YES. TODAY WE GET TO SEE WHO TRULY STANDS WITH IMMIGRANTS AND WHO
USES OUR FAMILIES' PAIN FOR POLITICAL PANDERING.
I WILL VOTE IN THE AFFIRMATIVE, AND I URGE MY
COLLEAGUES TO DO THE SAME AND STAND IN THE RIGHT SIDE OF HISTORY.
(APPLAUSE)
ACTING SPEAKER PICHARDO: QUIET, PLEASE.
MEMBERS, PLEASE BE REMINDED WE'RE ON DEBATE. AND ALSO, WHEN ON
DEBATE PLEASE ADDRESS YOUR COMMENTS TO THE CHAIR.
MR. EPSTEIN.
MR. EPSTEIN: WILL THE SPONSOR YIELD?
ACTING SPEAKER PICHARDO: DO YOU YIELD,
MR. CRESPO?
MR. CRESPO: EH, SURE.
(LAUGHTER)
ACTING SPEAKER PICHARDO: THE SPONSOR
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NYS ASSEMBLY JUNE 12, 2019
YIELDS.
MR. EPSTEIN: NOT SURE.
MR. CRESPO: EH....
(LAUGHTER)
MR. EPSTEIN: SO YOU MENTIONED EARLIER ABOUT
INSURANCE RATES. WHAT INFORMATION DO YOU HAVE -- HOW THIS MIGHT HAVE
AN IMPACT ON INSURANCE RATES?
MR. CRESPO: WELL, WE DO HAVE SOME MEMOS OF
SUPPORT FROM THE INDUSTRY, BUT ESSENTIALLY, A COUPLE OF THINGS: NUMBER
ONE, CLEARLY, AS WAS STATED IN A PREVIOUS LINE OF QUESTION, THERE ARE A
NUMBER OF PEOPLE FORCED TO DRIVE TODAY WITHOUT INSURANCE. THEY WANT
TO BE INSURED, THEY DON'T HAVE THE OPTION TO. THIS BILL WOULD ENSURE
THAT -- THAT THEY HAVE ACCESS TO THAT. THE -- THE CONSEQUENCES OF THAT IS
THAT ALL OF US, AS INSURANCE HOLDERS, ARE PAYING INTO PREMIUMS FOR THE
UNINSURED MOTORIST FUND, AND -- AND -- AND THAT PROTECTION COSTS US AS
-- AS TAXPAYERS, AS INSURED DRIVERS. BY EXPANDING THE LIST OR THE
NUMBER OF INSURED DRIVERS ON THE ROAD, YOU ARE REALLY SORT OF SPREADING
OUT THE RISK, WHICH LOWERS OVERALL PREMIUMS AND -- OR OTHER WAYS IN
WHICH THE INSURANCE INDUSTRY IS BEST SERVED. AND MORE IMPORTANTLY, ALL
OF US, AS INSURANCE HOLDERS, ARE SERVED WELL BY THIS BILL. AND I -- JUST TO
CLARIFY, THE MEMO IS FROM THE AMERICAN PROPERTY CASUALTY AND
INSURANCE ASSOCIATION THAT EXPLAINS THE PUBLIC SAFETY MATTERS AS WELL.
MR. EPSTEIN: SO THEY'RE SAYING THAT WITH MORE
PEOPLE INSURED, IT WILL AFFECT THE INSURANCE POOL IN TOTAL AND HELP ALL
INSURED DRIVERS?
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MR. CRESPO: CORRECT.
MR. EPSTEIN: AND SO HOW MANY PEOPLE ARE WE
TALKING ABOUT WHO MIGHT GET THESE DRIVER'S LICENSES?
MR. CRESPO: DEPENDING ON THE REPORTS YOU READ,
ANYWHERE BETWEEN -- WE BELIEVE THERE ARE SOMEWHERE BETWEEN 700- TO
800,000, MAYBE SLIGHTLY MORE INDIVIDUALS, NON-CITIZENS RESIDING IN THE
STATE. OF THOSE, IT IS EXPECTED THAT 200- TO 300,000 MAY ULTIMATELY
APPLY, SO -- AND AGAIN, IT'S IMPORTANT TO NOTE, WE ARE BEING VERY CLEAR
ABOUT THE TYPES OF DOCUMENTS YOU WOULD NEED IN ORDER TO SECURE A
DRIVER'S -- A DRIVER'S LICENSE UNDER THIS PROVISION. SO, THE VAST MAJORITY
OF THE UNDOCUMENTED COMMUNITY STILL WOULD HAVE A HARD TIME
ACHIEVING THIS GOAL OR THIS PRIVILEGE. AND WE SHOULD ALSO KEEP IN MIND
THAT CURRENTLY, EVERYONE ENROLLED IN THE DACA PROGRAM DOES HAVE
ACCESS TO A DRIVER'S LICENSE TODAY.
MR. EPSTEIN: THANK YOU FOR CLARIFYING THAT. AND
JUST ON -- SO YOU'RE SAYING WITH THE POTENTIAL 200,000 NEW PEOPLE
ENTERING THE POOL, RATES GOING POTENTIALLY DOWN FOR THE REST OF THE
DRIVERS BECAUSE WE'LL HAVE LESS UNINSURED MOTORISTS ON THE -- ON THE
STREETS?
MR. CRESPO: YEAH. YES, AND VERY SPECIFICALLY,
THOSE THAT ARE PAYING PREMIUMS TO THAT -- WHICH I BELIEVE IS EVERYONE --
TO THAT UNINSURED MOTORIST FUND WILL SEE A REDUCTION IN THOSE
PREMIUMS.
MR. EPSTEIN: AND SO -- SO THIS LICENSE WE'RE
TALKING ABOUT IS A DRIVER'S LICENSE. IS THAT GOING TO BE ELIGIBLE FOR
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EVERYONE, OR JUST UNDOCUMENTED NEW YORKERS?
MR. CRESPO: THE STANDARD LICENSE WE'RE REFERRING
TO IS EXACTLY THAT, A STANDARD DRIVER'S LICENSE. IT IS OPEN TO ANYONE WHO
CHOOSES NOT TO SEEK A FEDERALLY-COMPLIANT, REAL ID COMPLIANT LICENSE
LIKE THE ENHANCED LICENSE OR THE REAL ID LICENSE. AND IT'S -- AND -- AND
-- A NON -- AND ALSO, IT'S A DISTINCTION FROM COMMERCIAL DRIVER'S LICENSES.
THIS IS JUST A STANDARD DRIVER'S LICENSE WHICH WOULD BE OPEN TO EVERY
ONE OF THE -- YOU KNOW, WHO CAN MEET THE CRITERIA WE SET FORWARD. SO I
WILL BE ONE OF THOSE INDIVIDUALS WHO WOULD GET A STANDARD DRIVER'S
LICENSE THAT WILL SAY, NOT FOR FEDERAL ID PURPOSES.
MR. EPSTEIN: SO, SOMEONE LIKE YOU OR MYSELF
COULD GET THAT LICENSE AND STILL TRAVEL AROUND THE COUNTRY USING OTHER
FORMS OF ID AS WELL AS OUR STATE LICENSE?
MR. CRESPO: ABSOLUTELY.
MR. EPSTEIN: THAT'S GOOD TO KNOW. AND YOU
KNOW, THERE'S A CONVERSATION WE'VE BEEN HAVING ABOUT FRAUD. PEOPLE
COMMITTING FRAUD ON VOTING RECORDS OR OTHER FRAUD. I WANTED TO HEAR --
YOU KNOW, OBVIOUSLY, FRAUD IS SOMETHING WE'RE ALL DEEPLY CONCERNED
ABOUT. HOW DO YOU THINK THIS ATTACKS THE ISSUE OF FRAUD OR PEOPLE
COMMITTING FRAUD ON VOTING OR OTHER ISSUES THAT CAME UP EARLIER?
MR. CRESPO: I DON'T BELIEVE IT WILL HAVE AN IMPACT.
FIRST OF ALL, I WOULD LOVE TO HAVE THE PROPER DEBATE AT THE RIGHT TIME
AROUND THE ISSUE OF WHETHER VOTER FRAUD EXISTS AS IS SOMETIMES
PRESENTED BY LEADERS ACROSS THIS COUNTRY. BUT LOOK, NOTHING IN THIS BILL
CHANGES THE FACT THAT IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU
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DO NOT HAVE THE RIGHT TO VOTE. THERE WERE INSTANCES THAT WERE SHARED
WITH US EARLIER WHERE INDIVIDUALS APPLIED. MY UNDERSTANDING, IF THEY --
IF UNDER THE SCENARIO THAT WAS PRESENTED PRIOR, IT WAS AN INDIVIDUAL WHO
USED A DRIVER'S LICENSE NUMBER, THAT MUST HAVE BEEN BECAUSE AT THE TIME
THEY WERE ISSUED THAT DRIVER'S LICENSE NUMBER, THEY WERE A QUALIFIED
APPLICANT BECAUSE THEY WERE HERE ON A VISA OR SOME OTHER PROCESS THAT
WOULD HAVE AUTHORED THEM A DRIVER'S LICENSE OR THAT NUMBER OR SOCIAL
SECURITY NUMBER, FOR THAT MATTER. IT IS POSSIBLE THAT THAT INDIVIDUAL AT
THAT TIME WAS UNDER THE IMPRESSION ERRONEOUSLY THAT THAT ALONE
QUALIFIED THEM TO VOTE. AND, YES, THERE WERE EXAMPLES MENTIONED, BUT
IT WOULD HAVE BEEN INTERESTING TO ALSO KNOW WHAT THE TOTAL NUMBER OF
VOTES CAST IN THAT COMMUNITY. WHILE READING OFF A LIST OF A HANDFUL OF
-- OF NAMES IS CERTAINLY NOT SYMBOLIC OF A COMMON PRACTICE. AND
THERE'S BEEN A LOT OF DEBATES IN THIS COUNTRY AROUND VOTER FRAUD AND
WHETHER THE IMMIGRANT COMMUNITY IS INVOLVED IN IT, AND NONE OF THAT
HAS EVER BEEN SUBSTANTIATED AND IS NOT RELEVANT, I BELIEVE, TO -- OR WE'RE
NOT IMPACTING THAT IN ANY NEGATIVE WAY.
MR. EPSTEIN: YEAH, SO JUST TO BE CLEAR. IT'S YOUR
ASSERTION, I THINK, AND THE DOCUMENTS AND THE INFORMATION SUPPORTS
THAT, THAT WE HAVEN'T SEEN ANY ABNORMAL VOTER FRAUD IN THE IMMIGRANT
COMMUNITY, AND THIS WOULD NOT CHANGE THAT DYNAMIC.
MR. CRESPO: NO. AND AGAIN, THE APPLICATION IS
VERY SPECIFIC. IT -- IT STATES IN MULTIPLE SPACES WHO IS ELIGIBLE TO
REGISTER TO VOTE AND WHO IS NOT AND WHAT THE CONSEQUENCES ARE FOR
DOING SO, WHAT THE PENALTIES ARE. AND SO, YOU KNOW, CAN INDIVIDUALS
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MAKE A MISTAKE? YES. WE'VE ALSO SEEN EXAMPLES OF CITIZENS WHO HAVE
CAST MORE THAN ONE VOTE BECAUSE THEY'VE MADE A MISTAKE. I MEAN,
MISTAKES WILL HAPPEN, AND -- AND THERE'S NO LAW UNDER THE SUN THAT CAN
PREVENT THOSE FROM TAKING PLACE. BUT THE IDEA THAT THIS IS A GATEWAY TO
VOTER FRAUD IS A COMPLETE EXAGGERATION OF THE TRUTH, AND THERE'S BEEN NO
DOCUMENTATION TO SHOW A RELEVANT CONNECTION TO THE TWO ISSUES.
MR. EPSTEIN: I DO WANT TO SPEND A LITTLE MORE TIME
ABOUT CRIMES IN GENERAL. I MEAN, HIT-AND-RUN, THAT'S CURRENTLY A CRIME
IN NEW YORK, RIGHT? SO -- SO ARE YOU ARGUING THAT THIS WOULD OVERALL
REDUCE THE AMOUNT OF CRIMES THAT ARE HAPPENING IN OUR STATE IF PEOPLE
HAD LICENSES?
MR. CRESPO: WHAT WE'VE SEEN IN DATA IS THAT STATES
THAT AUTHORIZE UNDOCUMENTED RESIDENTS TO ACHIEVE A DRIVER'S LICENSE
HAVE SEEN A SIGNIFICANT REDUCTION IN THE NUMBER OF ACCIDENTS BECAUSE
JUST BY THE FACT THAT YOU ARE NOW ENSURING THAT THOSE INDIVIDUALS ARE
PROPERLY TRAINED TO OPERATE A MOTOR VEHICLE WILL RESULT IN THAT
CONSEQUENCE. THE FACT THAT FOLKS WILL HAVE PROPER INSURANCE. THE FACT
THAT THERE IS A GREATER POOL OF -- OF PREPARED AND TRAINED AND EDUCATED
DRIVERS IS GOING TO HAVE AN IMPACT. AND IN TERMS OF LAW ENFORCEMENT,
IT IS IMPORTANT TO NOTE THAT IN ANY SCENARIO WHERE INDIVIDUALS WHO ARE
ON OUR ROADWAYS CAN BE -- FEEL COMFORTABLE AND SAFE IDENTIFYING
THEMSELVES TO LOCAL LAW ENFORCEMENT IS, I BELIEVE, A BIG BOOM TO
ENHANCE PUBLIC SAFETY ACROSS THE STATE OF NEW YORK.
MR. EPSTEIN: THANK YOU.
ON -- ON THE BILL.
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ACTING SPEAKER PICHARDO: ON THE BILL, MR.
EPSTEIN.
MR. EPSTEIN: I JUST WANTED TO ALSO THANK MR.
CRESPO FOR YOUR LEADERSHIP ON THIS ISSUE. AND THIS IS PRETTY CLEAR AND
EVIDENT TO ME THAT WHAT WE'RE TALKING ABOUT IS IMPROVING PUBLIC SAFETY
ACROSS OUR STATE. THIS BILL ALLOWS THAT TO HAPPEN. IT MAKES DRIVERS
MORE -- DRIVERS MORE ACCOUNTABLE, MORE QUALIFIED TO BE ON OUR ROADS.
SECOND, IT CREATES EQUITY FOR ALL NEW YORKERS. SO MANY PEOPLE HAVE
BEEN PUSHED INTO THE SHADOWS BECAUSE OF THIS SYSTEM THAT'S UNFAIR.
THIS IS A COMMONSENSE PIECE OF LEGISLATION THAT WOULD BRING EQUITY TO
OUR STATE. ALL NEW YORKERS WILL HAVE THE ABILITY TO BE SAFELY -- AND
DRIVE SAFELY AND LEGALLY THROUGHOUT OUR STATE; GET TO WORK, PICK UP
THEIR KIDS FROM SCHOOL, GOING TO DOCTOR'S APPOINTMENTS. YOU KNOW, I'M
FORTUNATE TO LIVE IN A CITY -- A PART OF THE CITY THAT HAS SUBWAY ACCESS,
WHERE FOLKS ALL OVER THE STATE -- YOU CAN'T DO DAY-TO-DAY ACTIVITIES
WITHOUT A CAR. PASSING THIS MEASURE IS A MATTER OF RACE AND ECONOMIC
JUSTICE, AND CREATING ECONOMIC BENEFITS FOR OUR STATE. THIS FACILITATES
COMMUTERS ALL OVER NEW YORK TO BE ABLE TO MOVE AROUND AND LIVE THEIR
LIVES.
I AM PROUD TO COSPONSOR THIS BILL. I WANT TO THANK THE
SPONSOR, AND WHEN IT COMES TO THAT POINT I'LL BE VOTING IN THE
AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER PICHARDO: THANK YOU, MR.
EPSTEIN.
MRS. PEOPLES-STOKES.
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MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER PICHARDO: RULES
COMMITTEE, SPEAKER'S CONFERENCE ROOM. MEMBERS OF THE RULES
COMMITTEE START MAKING YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM.
MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER PICHARDO: MR. CRESPO, DO
YOU YIELD?
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
MR. SMULLEN: SO, THANK YOU FOR YOUR
CONTRIBUTIONS, MR. CRESPO. ON A COUPLE ISSUES AT THE FEDERAL LEVEL
DEALING WITH NATIONAL SECURITY ISSUES, I WANTED TO ASK A FEW MORE
QUESTIONS IN THAT REGARD.
MR. CRESPO: SURE.
MR. SMULLEN: SO, YOU MENTIONED THAT YOU'D MADE
SOME COORDINATION WITH FEDERAL AGENCIES. CAN YOU LET US KNOW WHICH
AGENCIES YOU HAD CONTACTED OR HAD EXPERTS TESTIFY FROM?
MR. CRESPO: NO, MY -- MY CONVERSATIONS HAVE
BEEN WITH LOCAL LAW ENFORCEMENT, STATE AGENCIES, THE DISTRICT ATTORNEYS,
THE TROOPERS, THE POLICE DEPARTMENT AND A NUMBER OF OTHER INDIVIDUALS
WITHIN THE LAW ENFORCEMENT COMMUNITY AT THE LOCAL LEVEL.
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MR. SMULLEN: AND -- AND YOU MENTIONED
SPECIFICALLY IN THE LANGUAGE OF THE BILL, IMMIGRATION-CENTRIC AGENCIES,
ICE AND CBP. HAVE YOU -- HAVE YOU HAD TESTIMONY FROM ANY CURRENT
OR FORMER ICE OR CBP OFFICIALS?
MR. CRESPO: NO. THE ONLY TIME I'VE INTERACTED
WITH THEM IS WHEN THEY'VE BEEN MAKING UNCONSCIONABLE ARRESTS IN
PUBLIC SPACES OF IMMIGRANT FAMILIES. BUT, NO, I'VE NEVER HAD THE
OPPORTUNITY TO REALLY SIT AND DISCUSS THE POLICY BEHIND THEIR ACTIONS.
MR. SMULLEN: AND REGARDING ANY OTHER FEDERAL
AGENCIES THAT WORK IN THE COUNTER-TERRORISM AREA AND NATIONAL SECURITY,
HAVE YOU DISCUSSED THIS AND -- AND THE BILL'S EFFECT ON THIS WITH ANY OF
THOSE ORGANIZATIONS?
MR. CRESPO: TO AN EXTENT, YES, IN THAT THE NYPD,
WHICH PLAYS A PIVOTAL ROLE IN THE TASK FORCE THAT -- ANTI-TERRORISM TASK
FORCE PUT FORWARD SOME -- SOME RECOMMENDATIONS. WE ACTUALLY TOOK
THOSE RECOMMENDATIONS, INCLUDED THEM IN THE BILL TO ENSURE THAT THEIR
CURRENT PROCESS AND ACCESS OF INFORMATION IS NOT IMPEDED BY THE
ACTIONS OF THIS BILL. AND WE'VE, I BELIEVE, SATISFIED THAT CONCERN. SO TO
THAT EXTENT, YES. IN TERMS OF TERRORISM-RELATED INVESTIGATIONS, WE DO
NOTHING TO IMPEDE THAT.
MR. SMULLEN: AND -- AND COULD YOU TELL ME, I
NOTED FROM MANY OF THE OTHER STATES WHICH ENACTED SIMILAR LEGISLATION
THAT THEY HAD INCLUDED FINGERPRINTS OR SOME OTHER SORTS OF BIOMETRICAL,
YOU KNOW, PERSON-SPECIFIC IDENTIFYING DATA. WHY THAT WASN'T INCLUDED
IN NEW YORK'S BILL?
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MR. CRESPO: I DON'T KNOW THAT MANY STATES THAT USE
BIOMETRICS CURRENTLY. I DON'T BELIEVE DMV IS USING BIOMETRICS
CURRENTLY FOR STANDARD LICENSES. CERTAINLY NOT --
MR. SMULLEN: CERTAINLY, FINGERPRINTS OR
BIOMETRICS. SOMETHING THAT COULD BE UNIQUELY SPECIFIC TO AN INDIVIDUAL
AND THEN COULD BE USED IN A DATABASE.
MR. CRESPO: NO. IT WAS NEVER BROUGHT UP AS A
CONSIDERATION, NOT CONSIDERED BY US.
MR. SMULLEN: AND THE REASON --
MR. CRESPO: NOT FOR THIS TYPE OF LICENSE.
MR. SMULLEN: -- I SAY THAT IS IS THAT THE LARGE
STATES THAT HAVE IMPLEMENTED THIS HAVE ACTUALLY USED EITHER FINGERPRINTS
OR SOME SORT OF OTHER SORT OF BIOMETRIC DATA THAT WOULD ALLOW PEOPLE TO
BE INDIVIDUALLY IDENTIFIED AS WHOM THEY ARE. AND THERE'S -- CERTAINLY,
EVERYONE CAN SEE THE NATIONAL SECURITY CONCERN OF SOMEONE NOT BEING
IDENTIFIABLE IF THEIR DOCUMENTATION CAME FROM SOURCES THAT COULDN'T BE
VERIFIED BY US PERSONS. THAT'S THE CONCERN.
NOW, WE MENTIONED A COUPLE THINGS ABOUT THESE
THINGS. IS -- IS DRIVING -- IS THIS DRIVING LICENSE, IS IT A RIGHT OR A
PRIVILEGE UNDER NEW YORK STATE LAW?
MR. CRESPO: IT'S A PRIVILEGE.
MR. SMULLEN: SO IT -- IT BEING A PRIVILEGE, IT'S NOT
SUBJECT TO, SAY, FOR INSTANCE, U.S. CONSTITUTIONAL RIGHTS THAT ARE -- THAT
ARE HELD AT THE FEDERAL LEVEL FOR ADJUDICATION. IT'S -- INSTEAD, IT'S AT THE
NEW YORK STATE LEVEL WHERE WE HAVE OUR CONSTITUTION AND LAWS THAT
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ARE -- ARE IN EFFECT.
MR. CRESPO: YES.
MR. SMULLEN: SO, COULD YOU SEE IN -- IN THIS CASE
THAT THIS LICENSE IS CONDITIONAL, THEN, AT THIS POINT?
MR. CRESPO: I'M SORRY, REPEAT THAT.
MR. SMULLEN: IS THIS LICENSE CONDITIONAL TO ALL OF
THESE APPLICANTS, THESE NEW APPLICANTS, THAT ARE UNDOCUMENTED
IMMIGRANTS?
MR. CRESPO: AS LONG AS THE INDIVIDUALS ARE FIT,
THEY MEET THE STANDARDS, THEY GO THROUGH THE TRAINING AND ARE APPROVED
BY THAT TRAINING AND MEET ALL THE OTHER REQUIRED IDENTIFIABLE
INFORMATION, THEY WOULD QUALIFY. IN TERMS OF CONDITIONS, IT'S NO
DIFFERENT THAN THE CONDITIONS YOU AND I GET IN OUR LICENSE. THERE'S AN
EXPIRATION DATE, WE HAVE TO MEET CERTAIN STANDARDS AND CRITERIA. SO THAT
ALL WOULD REMAIN THE SAME.
MR. SMULLEN: SO THERE ARE NO SPECIFIC CONDITIONS
TO -- TO ANY OF THESE. THEY'RE JUST THE GENERAL ONES THAT FALL UNDER
EVERYONE IN NEW YORK STATE AT THIS POINT?
MR. CRESPO: YEAH, I WOULD SAY SO. I MEAN, AGAIN,
THE REAL SUBSTANTIATIVE CHANGE IN TERMS OF WHAT YOU ARE PRESENTING IS
SIMPLY THAT YOU WOULD HAVE AN ALTERNATIVE TO A SOCIAL SECURITY NUMBER
IN THE CASE IF YOU NEED TO PROVIDE A FOREIGN DOCUMENT AS THE ONES
WE'VE LISTED HERE.
MR. SMULLEN: CERTAINLY. SO, WHAT IS THE RENEWAL
PERIOD FOR THESE -- THESE DRIVER'S LICENSES THAT WILL THEN BE GRANTED
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GOING FORWARD? IS THERE ANY SHORTER PERIOD TO ALLOW FOR SUFFICIENT
DOCUMENTATION TO BE PROVIDED, OR ADDITIONAL DOCUMENTATION AT A -- AT A
FURTHER POINT WHEN PEOPLE WANT TO UPGRADE THESE LICENSES AND PERHAPS
AFTER THEY GO THROUGH OTHER PROCESSES TOWARDS THE -- THE GOAL AND THE
PATH OF CITIZENSHIP?
MR. CRESPO: NO. WE DON'T ADDRESS THE QUESTION.
IT REMAINS THE SAME. THE FIVE YEARS FOR AN ORIGINAL LICENSE AND
RENEWALS ARE EIGHT YEARS. THAT WOULD REMAIN IN PLACE. THERE WERE
EXAMPLES THAT WERE BROUGHT UP IN OTHER CONVERSATIONS WHERE EVEN
TODAY, IF YOU HAVE A STUDENT WITH A STUDENT VISA WHO USES -- WHO HAS
ACCESS TO A DRIVER'S LICENSE THAT MAYBE AT SOME POINT THEY OVERSTAY THEIR
VISA, THERE'S A SCENARIO WHERE THEIR LICENSE IS STILL ISSUED OR ELIGIBLE FOR
PRIVILEGES, BUT THEIR VISA HAS SINCE EXPIRED. SO THERE ARE REAL-LIFE
SCENARIOS AFFECTING EVEN INDIVIDUALS WHO ARE HERE AND SECURED IT UNDER
CURRENT EXISTING LAW WHERE THOSE DISCREPANCIES MAY TAKE PLACE. BUT IT
TERMS OF WHAT THIS BILL DOES, IT DOES NOT CHANGE -- WE DON'T SPEAK TO THE
LENGTH OF TIME OR CRITERIA FOR THE TIMELINE FROM THE -- FOR THE ORIGINAL OR
THE REISSUED -- OR RENEWED LICENSE.
MR. SMULLEN: SO, FOR INSTANCE, A COUNTY CLERK,
WHAT -- WHAT SORT OF PROCEDURES OR TRAINING ARE THEY GOING TO BE GIVEN
OR ALLOWED OR ADDITIONAL RESOURCES TO BE ABLE TO IMPLEMENT THIS LAW?
MR. CRESPO: WELL, A COUPLE OF THINGS ON THAT.
WITH -- WITH REGARDS TO TRAINING, MY -- MY UNDERSTANDING IS THAT
FEDERAL LAW REQUIRES TRAINING FOR ALL DMV OR ANY OFFICE THAT ISSUES A
REAL ID-COMPLIANT LICENSE, LIKE DMV AND THE COUNTY CLERKS CURRENTLY
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OFFER. PART OF THE TRAINING ISSUED TO ALL EMPLOYEES WHO ARE PART OF THAT
PROCESS INCLUDE TRAINING RELATED TO THE IDENTIFICATION OF FOREIGN
DOCUMENTS. WHATEVER TECHNOLOGY IS NECESSARY IS SOMETHING THEY
CURRENTLY HAVE IN PLACE, AND IF THERE WERE ADDITIONAL THINGS NECESSARY
THEN THAT'S SOMETHING THE DEPARTMENT WOULD HAVE TO ADJUST TO. BUT IT
IS MY UNDERSTANDING, BY AND LARGE, THE CURRENT TRAINING THAT DMV AND
COUNTY CLERK OFFICE OFFICIALS OR -- OR STAFF WHO ARE A PART OF THE
PROCESSING OR VERIFICATION OF DOCUMENTS CURRENTLY GET TRAINING THAT
WOULD BE EQUAL TO OR NECESSARY FOR IMPLEMENTATION OF THESE RIGHTS. SO
I DON'T BELIEVE THAT THERE -- THE THEORY THAT THIS IS GOING TO REQUIRE
EXTENSIVE ADDITIONAL RESOURCES NECESSARILY HOLDS TRUE.
MR. SMULLEN: SO, AS A -- AS SOMEONE FROM MY
BACKGROUND WHO'S DEEPLY INVOLVED IN NATIONAL SECURITY, I'M ALWAYS
WORRIED ABOUT PEOPLE SLIPPING THROUGH THE CRACKS. AND WE HAVE, YOU
KNOW, 62 COUNTIES IN NEW YORK STATE THAT ARE VERY DIVERSE AND THEY'RE
GEOGRAPHICALLY SEPARATED, SO THEY GET A LOT OF DIFFERENT -- PEOPLE
COMING FROM DIFFERENT AREAS. AND I'M -- I'M A BIT CONCERNED ABOUT BAD
PEOPLE WITH BAD INTENT, TERRORISTS, SLIPPING THROUGH THOSE CRACKS
BECAUSE OF A HOLE IN THE LAW.
SO, THANK YOU VERY MUCH FOR ANSWERING MY QUESTIONS,
MR. CRESPO.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER PICHARDO: ON THE BILL, SIR.
MR. SMULLEN: SO I AM DEEPLY CONCERNED. I -- I'M
IN FAVOR OF BRINGING PEOPLE OUT OF THE SHADOWS BECAUSE I THINK THE
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SHADOWS ARE WHERE TERRORISTS HIDE BEST. AND I -- AND I FIRST AND
FOREMOST WANT EVERYONE TO KNOW THAT WHEN I SERVED IN THE MILITARY THAT
I WAS SWORN TO UPHOLD THE CONSTITUTION UNDER FEDERAL LAW. AND IT'S A
GOOD BENCHMARK IN WHICH TO COMPARE THINGS. NOW I STAND HERE IN THE
ASSEMBLY BEFORE YOU, AND THINK ABOUT OUR STATE AND ITS CONSTITUTION
AND STATE LAW. AND I DO NOT WANT TO PUT OUR COUNTY CLERKS OR ANYONE
IN A POSITION WHERE THEY HAVE TO VIOLATE FEDERAL LAW, ESPECIALLY IF
THERE'S A POTENTIAL OF ANY SORT OF NATIONAL SECURITY THREAT THAT'S INVOLVED.
AFTER SPEAKING TO MULTIPLE LOCAL OFFICIALS IN MY DISTRICT WHO WILL BE
IMPACTED BY THIS, I STILL DON'T SEE HOW THE BILL AS IT'S CURRENTLY WRITTEN
WILL HELP OUR DMVS VERIFY THESE FOREIGN DOCUMENTS, AND WILL ONLY
SLOW DOWN AN ALREADY INEFFICIENT BUREAUCRACY.
NOW, I UNDERSTAND THAT THE CHANCES OF A TERRORIST
EVADING OUR SECURITY --
ACTING SPEAKER PICHARDO: MR. BLAKE, WHY
DO YOU RISE, SIR?
MR. BLAKE: I -- I WAS JUST HOPING IF I COULD JUST
ASK ONE QUESTION FOR CLARITY.
ACTING SPEAKER PICHARDO: MR. SMULLEN,
WILL YOU YIELD TO MR. BLAKE'S QUESTION?
MR. SMULLEN: UPON COMPLETION OF MY COMMENTS
ON THE BILL, SIR
ACTING SPEAKER PICHARDO: HE WILL NOT YIELD
AT THIS TIME, SIR.
MR. BLAKE: CERTAINLY.
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MR. SMULLEN: SO, I UNDERSTAND THAT THE TERRORIST --
THE CHANCES OF A TERRORIST INVADING OUR SECURITY MEASURES ARE SLIM, AND
WE WOULD DESIRABLY WANT THEM TO BE SO TO NOT HAVE A REPEAT OF
SEPTEMBER 11TH. BUT I'M REALLY CONCERNED THAT WE'RE GOING TO CREATE A
-- A NEW AVENUE FOR SOMEONE TO EVADE THE LAW AND OBTAIN OTHER LEGAL
DOCUMENTS.
AS I SAID BEFORE, IMMIGRATION IS VERY IMPORTANT FOR
OUR COUNTRY AND HAS ALWAYS BEEN. BUT I WANT TO MAKE SURE THAT THE
FEDERAL AND THE STATE LEVEL THAT WE ARE IN-SYNCHRONIZED TO BE ABLE TO
KEEP OUR SECURITY SURE SO THOSE WHO ARE HERE TO PURSUE THE AMERICAN
DREAM CAN DO SO, BUT TO KEEP OUT THOSE WHOSE INTENTIONS ARE TO SOW
VIOLENCE. SO LET'S WORK TO FIX OUR IMMIGRATION SYSTEM AND LET'S WORK
HARD, ALLOWING OUR INDIVIDUAL -- WORKING INDIVIDUALS SO THEY CAN GET
GOVERNMENT DOCUMENTS TO HELP THEM LIVE THEIR LIVES BETTER.
THANK YOU, MR. SPEAKER, AND I'M STANDING BY.
ACTING SPEAKER PICHARDO: MR. BLAKE, WHY
DO YOU RISE?
MR. BLAKE: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER PICHARDO: YOU CAN'T.
THERE'S -- WE'RE ON HIS TIME --
MR. BLAKE: (INAUDIBLE) IS HE OPEN TO --
ACTING SPEAKER PICHARDO: NO, HE'S NOT
DONE. YOU CAN GO ON THE LIST, MR. BLAKE. BUT WE'RE ON -- STILL ON MR.
SMULLEN'S TIME, BUT HE DID YIELD TO YOU.
MR. BLAKE: HE DID YIELD? I JUST WANTED CLARITY ON
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A QUESTION. I JUST WANTED CLARIFY.
MR. SMULLEN: CERTAINLY.
MR. BLAKE: I -- I DID NOT RECALL THE SPONSOR OF THE
BILL AT ALL SAYING THAT THIS WOULD PERMIT TERRORIST ACCESS. I WAS JUST
TRYING TO GET AN UNDERSTANDING ON WHERE DID THE TERRORIST CLAIM JUST
COME IN?
MR. SMULLEN: I -- I THOUGHT I EXPLAINED IT QUITE
THOROUGHLY. IT'S THE SLIPPING THROUGH THE CRACKS PHENOMENON. IT'S
HAPPENED BEFORE, AND WE DON'T WANT IT TO HAPPEN AGAIN.
MR. BLAKE: BUT JUST FOR CLARITY, I'M JUST TRYING TO
UNDERSTAND. THE BILL ITSELF IS TO PROVIDE ACCESS FOR DRIVER'S LICENSES.
I'M JUST TRYING TO UNDERSTAND THE CONNECTION OF HOW PERMITTING PEOPLE
OF COLOR, PARTICULARLY LATINO AND OTHER IMMIGRANTS, IS CONNECTED TO
TERRORISM. I'M JUST ASKING FOR CLARITY. IT WAS REFERENCED AT LEAST THREE
TIMES.
MR. SMULLEN: I MADE NO MENTION OF -- OF THAT. I
-- I SPOKE GENERICALLY ABOUT THE NATIONAL SECURITY THREATS THAT OUR
COUNTRY HAS FACED.
MR. BLAKE: SO, IT IS FAIR TO SAY AS IT RELATES TO THIS
SPECIFIC BILL, AS IT RELATES TO THE INDIVIDUALS THAT WOULD BE BENEFIT, YOU
DO OR DO NOT BELIEVE THAT THE INDIVIDUALS THAT WOULD BENEFIT FROM THIS
BILL ARE TERRORISTS?
MR. SMULLEN: NO. WHAT I SPOKE TO MR. CRESPO
IN OUR QUESTIONING WAS THE NATIONAL SECURITY IMPLICATIONS AND THE
AGENCIES WHICH HAD BEEN CONTACTED FOR COORDINATION IN REGARDS TO THE
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LANGUAGE OF THE BILL.
MR. BLAKE: UNDERSTOOD. SO, JUST FOR CLARITY, YOU
DO NOT BELIEVE THIS BILL IS GOING TO PROVIDE ACCESS TO TERRORISTS?
MR. SMULLEN: NO. I DON'T -- I'M NOT REALLY SURE
WHAT -- WHAT YOU'RE GETTING AT --
MR. BLAKE: UNDERSTOOD.
MR. SMULLEN: -- BUT THANK YOU.
MR. BLAKE: THANK YOU VERY MUCH.
MR. SMULLEN: YOU BET.
ACTING SPEAKER PICHARDO: MR. REILLY, WHY
DO YOU RISE?
MR. REILLY: I DON'T KNOW IF I'M ALLOWED TO DO THIS,
THOUGH, BUT I WANTED TO KNOW IF I CAN -- DOES MR. SMULLEN STILL HAVE
TIME? WOULD MR. SMULLEN YIELD? WOULD YOU YIELD ON YOUR TIME OR IS
HE DONE?
ACTING SPEAKER PICHARDO: MR. SMULLEN HAS
YIELDED THE FLOOR, BUT IF YOU ARE INTERESTED, MR. REILLY, YOU CAN COME
ON TO THE LIST FOR A SECOND OPPORTUNITY. MR. SMULLEN HAS YIELDED THE
REST OF HIS TIME, SO HE CANNOT -- HE CANNOT YIELD HIS TIME. BUT IF YOU
ARE INTERESTED IN SPEAKING ON THE BILL, YOU'RE MORE THAN WELCOME TO
COME BACK ON THE LIST, SIR.
MR. REILLY: THANK YOU.
ACTING SPEAKER PICHARDO: MR. PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD, PLEASE, FOR A FEW QUESTIONS?
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ACTING SPEAKER PICHARDO: MR. CRESPO, DO
YOU YIELD?
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER PICHARDO: THE SPONSOR
YIELDS.
MR. PALUMBO: THANK YOU, MR. CRESPO. JUST A
FEW QUESTIONS. THESE WERE GLEANED OVER SOMEWHAT, BUT REGARDING THE
VERIFICATION OF THE DOCUMENTS THAT WOULD NOW BE REQUIRED FOR SOMEONE
TO OBTAIN A DRIVER'S LICENSE, IS THERE ANY SORT OF A DATABASE THAT CAN BE
ACCESSED, FOR EXAMPLE, FOR PASSPORTS? I KNOW YOU SAID THAT THERE MAY
EVEN BE A BOOK, I THINK, ABOUT WHEN YOU'RE IN ANOTHER STATE AND
SOMEONE'S TRYING TO VERIFY A DRIVER'S LICENSE. THEY HAVE A BOOK THAT
SHOWS THE GENERAL LAYOUT AND WATERMARKS AND SO FORTH OF A PARTICULAR
DOCUMENT, AND AS A RESULT THEY CAN VERIFY WHETHER OR NOT IT LOOKS
ACCURATE. BUT THERE IS NO SPECIFIC WAY TO VERIFY WHETHER OR NOT IT IS
ACTUALLY A VALID DOCUMENT. DO WE HAVE ANYTHING OF -- OF THAT SORT
REGARDING CONSUMER DOCUMENTS OR PASSPORTS OR ANYTHING OF THE LIKE?
MR. CRESPO: THERE IS SOFTWARE AND TECHNOLOGY
THAT ALLOWS THOSE MARKERS TO BE IDENTIFIED, AND THERE IS A METHODOLOGY
THAT DMV HAS IMPLEMENTED IN THE PAST TO LEARN ABOUT AND/OR VERIFY
WHAT THOSE MARKERS ARE AND KEEP THAT UP TO DATE SO THAT LOCAL OFFICES
WOULD KNOW WHAT TO LOOK FOR AND HOW TO VERIFY IT. SO MY
UNDERSTANDING IS THAT THERE IS A VERY THOROUGH TECHNOLOGY SOFTWARE
RELATED TO AND NECESSARY FOR THAT VERIFICATION TO TAKE PLACE.
MR. PALUMBO: SO IN THE EVENT SOMEONE WERE TO
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ACTUALLY PRODUCE - AND THIS IS A CONCERN - SOMEONE, SAY, WERE TO
PRODUCE A YEMENESE PASSPORT THAT WOULD BE -- BEAR ALL THE APPROPRIATE
MARKINGS, THERE WOULD BE NO WAY TO SPECIFICALLY CONFIRM THAT THAT'S A
VALID DOCUMENT, RIGHT?
MR. CRESPO: I -- I WOULDN'T SUGGEST THAT. I MEAN I
THINK -- LOOK, UNDER CURRENT REGULATIONS, PUT ASIDE FOREIGN DOCUMENTS,
IT'S -- YOU KNOW, WE KNOW THAT TECHNOLOGY HAS ADVANCED. 3D PRINTERS
ALLOW PEOPLE TO COME UP WITH ALL SORTS OF THINGS OR OTHER WAYS THAT
FOLKS CAN ATTEMPT TO FALSIFY. I THINK THAT'S A CHALLENGE FOR A NUMBER OF
AGENCIES, INCLUDING DMV, TO ALWAYS UPDATE THEIR SECURITY MEASURES.
AND -- AND -- AND RELATIVE TO THE DISCUSSION THAT WAS MOST RECENTLY HAD
FOR NATIONAL SECURITY MEASURES, IT IS IMPORTANT, AND IT'S SOMETHING THAT I
THINK IS CONSTANTLY BEING UPGRADED. DMV WOULD BE A PART OF THAT
PROCESS AS WELL, AND KEEP TRACK OF -- OF THAT ABILITY AND HAVE THAT --
NOTHING PREVENTS THEM FROM HAVING THOROUGH COMMUNICATIONS WITH
SOME OF THESE OTHER FOREIGN COUNTRIES OR THEIR AGENCIES TO KEEP THAT
UPDATED. SO WHILE IT IS A CHALLENGE, I MEAN, THE NOTION THAT SOMEBODY
COULD ATTEMPT TO CIRCUMVENT, IT'S NOT THAT DIFFERENT FROM SOMEBODY
MAYBE PRINTING UP A FALSIFIED BIRTH CERTIFICATE OR SOME OTHER DOCUMENT
CURRENTLY AVAILABLE TO INDIVIDUALS. THAT WOULD BE A CONCERN. I MEAN,
IN THE CASE OF TERRORISM, THERE IS A -- YOU KNOW, IF YOU THINK ABOUT IT
FROM THAT PERSPECTIVE, I WOULD BE JUST AS CONCERNED ABOUT DOMESTIC
TERRORISTS WHO WOULD MOVE FROM STATE X INTO NEW YORK WITH ILL
INTENTIONS AND FALSIFY A DRIVER'S LICENSE FROM ANOTHER STATE. BUT AGAIN,
THE POINT IS THERE IS TECHNOLOGY AVAILABLE. THERE ARE WAYS TO VERIFY IT.
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NONE OF THIS IS NECESSARILY FOREIGN TO THE WORK OF DMV IN THE PAST OR
WHAT IT CURRENTLY DOES FOR REAL ID-COMPLIANT LICENSES. SO, I -- I
UNDERSTAND THE -- THE PRINCIPLE YOU'RE BRINGING UP, BUT I THINK THAT THEY
WILL EASILY MEET THAT END TO HAVE IN PLACE MEASURES TO ENSURE THE VER --
VERIFICATION OF DOCUMENTS PRESENTED TO THEM.
MR. PALUMBO: UNDERSTOOD. AND IT'S AN EVOLVING
PROCESS. I THINK NOW WE CHECK WITH RECIPROCITY WITH OTHER STATES. AND
IN THAT REGARD, AS FAR AS SUSPENSIONS ARE CONCERNED. SINCE SOMEONE
HASN'T BEEN LICENSED, THEY CERTAINLY WOULD -- THEY MAY EVEN HAVE
SUSPENSIONS OR HAVE BEEN -- HAVE OTHER OFFENSES FROM OTHER LICENSES.
BUT DMV DOESN'T -- DOESN'T CONDUCT A CRIMINAL BACKGROUND CHECK AT
ALL OF ANY KIND, RIGHT? SO, REGARDLESS TO SAY, NEW JERSEY, IF SOMEONE
HAS NUMEROUS OFFENSES STILL PENDING, THEY COULD COME IN AS A
NON-RESIDENT WITH THE APPROPRIATE DOCUMENTATION AND STILL ULTIMATELY
GET A LICENSE IN NEW YORK.
MR. CRESPO: WELL, WE -- WE TREAT THE PROCESS NO
DIFFERENT THAN WHAT WE DO NOW FOR INDIVIDUALS WHO ARE APPLYING FOR A
FIRST-TIME LICENSE. IF -- AND AGAIN, YOU HAVE THE THREE DOCUMENTS; THE
PASSPORT, A FOREIGN DRIVER -- A FOREIGN ID, A DRIVER'S ID AND/OR THE
CONSUL ID ARE -- ARE RECOGNIZABLE DOCUMENTS USED IN A NUMBER OF
INDUSTRIES. THE PROCESS FOR VERIFICATION, AGAIN, EXISTS. THE DRIVING
RECORD IS NOT SOMETHING CURRENTLY NECESSARILY CONSIDERED UNLESS THEY'VE
BEEN AUTHORIZED TO DRIVE IN A PLACE THAT PARTICIPATES WITHIN THE NATIONAL
DRIVER REGISTRY AND THE INFORMATION THAT'S PROVIDED THERE. BUT AGAIN,
IT'S NOT THAT DISSIMILAR FROM INDIVIDUALS WHO APPLY FOR A LICENSE FOR THE
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FIRST TIME THAT IS NOT LOOKED AT.
MR. PALUMBO: UNDERSTOOD.
MR. CRESPO: OR -- OR FOR -- OR FOR THOSE THAT ARE
AUTHORIZED BECAUSE OF A VISA OR SOMETHING ELSE, TO APPLY FOR A LICENSE.
THAT INFORMATION WOULDN'T BE OBTAINED EITHER, CURRENTLY.
MR. PALUMBO: UNDERSTOOD. SO IN THE EVENT -- SO
REALLY, EVEN UNDER THE CURRENT PROCESS, RESIDENT OR NOT, YOU'D BE ABLE TO
OBTAIN A LICENSE AND, SAY, GO TO VIRGINIA AND BE ABLE TO BUY A GUN WITH
THE -- WITH THE PRODUCTION OF THAT LICENSE. THAT WOULD NOT CHANGE AT
ALL. THIS BILL DOESN'T REALLY AFFECT THAT. ALTHOUGH, AGAIN, IT'S AN
EVOLVING PROCESS. I UNDERSTAND THAT. BUT THAT'S SOMETHING OF CONCERN,
AND I HAVE GOTTEN SOME -- SOME INPUT IN THAT REGARD, THAT THERE WERE
ISSUES THAT HOPEFULLY WE CAN RECTIFY THAT AS BEST WE CAN IN ALL INSTANCES.
MR. CRESPO: YEAH. NO, AND I -- AND I THINK THAT'S
FAIR, EXCEPT JUST TO POINT OUT AGAIN, THERE ARE A NUMBER OF INSTANCES
WHERE TODAY FOR CERTAIN LICENSES OR CERTAIN IMMIGRANT NEW YORKERS
QUALIFY FOR DRIVER'S LICENSES, AND SO THAT RISK EXISTS EVEN NOW. IT'S NOT
-- AND -- AND I THINK THAT WHILE THAT'S A LAUDABLE CONCERN TO BE
DISCUSSED, I DON'T BELIEVE THAT THIS BILL IS GOING TO NECESSARILY MAKE THAT
CONDITION OR -- OR POTENTIAL IMPACT WORSE IN ANY WAY, RATHER -- AGAIN,
I'M ALWAYS GOING TO COME BACK TO THIS QUESTION OF SAFETY, AND THAT THE
MORE PEOPLE THAT COME FORWARD, THE BETTER IT IS FOR PUBLIC SAFETY
REASONS. THE IDEA OF ANYBODY BEING ENCOURAGED OR ALLOWED TO OR
FORCED INTO DRIVING OR BEING INVOLVED IN THE STATE IN SOME WAYS
WITHOUT PROPER IDENTIFICATION DOES NOT HELP PUBLIC SAFETY. I THINK THIS
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ENHANCES IT.
MR. PALUMBO: UNDERSTOOD. NOW, JUST TWO OTHER
FAIRLY QUICK POINTS. REGARDING THE THREE-DAY NOTICE, MY CONCERN WAS
THAT IN THE EVENT ONE OF THESE, SAY WE HAVE FROM ONE OF THOSE
IMMIGRATION ENFORCEMENT AGENCIES, ICE ISSUES A SO-ORDERED GRAND JURY
SUBPOENA FROM A FEDERAL MAGISTRATE OR JUDGE. IT'S A COURT ORDER NOW.
IT'S A SECRET PROCEEDING. UNDER THE LANGUAGE OF THIS BILL, THE WAY I
UNDERSTAND IT, IS THAT DMV WILL STILL BE REQUIRED TO NOTIFY THE
INDIVIDUAL THAT THEY ARE, IN FACT -- SOMEONE IS SEEKING THAT INFORMATION,
BEFORE THEY RELEASE IT. SO JUST IN THAT VERY RARE CIRCUMSTANCE - AND I
UNDERSTAND IT'S RARE - BUT IN THE EVENT ONE OF THESE AGENCIES THAT ARE --
THE FLAG ONES THAT ARE CHARGED WITH IMMIGRATION ENFORCEMENT, IF THEY
ISSUE A LAWFUL ORDER TO -- TO DMV THAT THEY STILL HAVE AN OBLIGATION TO
DISCLOSE WHAT OTHERWISE WOULD BE A VIOLATION OF LAW IN THE EVENT THAT
THEY DO DISCLOSE IN A GRAND JURY INVESTIGATION. SO HOW CAN WE GET
AROUND THAT, OR IF YOU COULD JUST PLEASE DESCRIBE YOUR INTENT IN THAT
REGARD.-
MR. CRESPO: MY UNDERSTANDING IS IF THERE IS A
GRAND JURY SUBPOENA PRESENTED BY A FEDERAL AGENCY, THAT LAW WOULD
SUPERCEDE ANYTHING WE PROPOSE IN THIS BILL. I THINK IT'S THE -- THE NOTION
OF ROUTINE CIVIL IMMIGRATION-RELATED ENFORCEMENT ACTIONS AND/OR THE
INFORMATION, WHAT IS PROVIDED AND WHEN IT'S PROVIDED, THAT IS WHAT
WE'RE LOOKING TO -- TO LIMIT AS UNNECESSARY TO THE OBLIGATIONS OR
RESPONSIBILITIES OF THE DEPARTMENT OF MOTOR VEHICLES. BUT ALL THE OTHER
LAW ENFORCEMENT CRIMINAL INVESTIGATIONS AND ACCESS REMAIN IN PLACE.
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MR. PALUMBO: SO IN THAT SITUATION, I WOULD
ASSUME, THEN, THE US ATTORNEYS COULD OBVIOUSLY PASS THAT OFF TO A SISTER
AGENCY; MAYBE THE FBI OR SOME -- ANOTHER AGENCY AND HAVE THEM ISSUE
THE SUBPOENA AND THEN IT WOULD BE OTHERWISE OKAY?
MR. CRESPO: I -- NOT SURE HOW THAT SCENARIO WOULD
PLAY OUT. BUT LET -- AGAIN, THE LIMITATION OF SHARING OF DMV DOCUMENTS
AND DATA IS LIMITED TO THE -- TO THE AGENCIES THAT WE LIST WHOSE PRIMARY
PURPOSE IS THE ENFORCEMENT OF CIVIL IMMIGRATION MATTERS.
MR. PALUMBO: NOW, ON SOMEWHAT OF A SIMILAR
NOTE REGARDING THE SHARING OF INFORMATION. IT'S MY UNDERSTANDING THAT
THERE'S -- SOME BILLS HAVE GAINED SOME TRACTION REGARDING AUTOMATIC --
AND I BELIEVE SOME OTHER STATES MAY HAVE DONE IT -- REGARDING
AUTOMATIC REGISTRY TO VOTE IN THE EVENT YOU OBTAIN A DRIVER'S LICENSE.
HOW WOULD THIS IMPACT THAT? NOW, WOULD THERE BE ANY CARVE-OUTS,
PARTICULARLY FOR THESE TYPES OF APPLICANTS, OR WOULD THEY AUTOMATICALLY
BE REGISTERED TO VOTE AND THEN THEY WOULD HAVE TO AFFIRMATIVELY TAKEN IT
-- TAKE THE STEP TO REMOVE THEMSELVES BECAUSE THEY'RE NOT TECHNICALLY A
CITIZEN AT THAT POINT?
MR. CRESPO: I APPRECIATE THAT. I THINK IT'S A MATTER
FOR ELECTION LAW TO -- TO ADDRESS. NONE -- NOTHING IN THIS BILL
AUTHORIZES OR QUALIFIES SOMEONE WHO IS NOT ELIGIBLE TO VOTE TO HAVE
ELIGIBILITY TO VOTE. SO, WE'RE NOT CHANGING THAT. WE'RE NOT ENCOURAGING
THIS BEHAVIOR. WE'RE NOT MAKING IT MORE ACCESSIBLE FOR -- FOR ANY OF --
MISBEHAVIOR REGARDS TO THAT TO TAKE PLACE. AND IF THERE WAS TO BE AN
AUTOMATIC VOTER REGISTRATION PROCESS -- AND THAT'S SOMETHING THAT
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ELECTION LAW AND POLICY WOULD HAVE TO ADDRESS TO ENSURE THAT ONLY
THOSE THAT ARE ELIGIBLE TO VOTE ARE REGISTERED TO VOTE. BUT THIS BILL DOES
NOT IMPACT THAT.
MR. PALUMBO: VERY GOOD. THANK YOU, MR.
CRESPO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. MALLIOTAKIS.
MS. MALLIOTAKIS: WILL THE SPONSOR YIELD,
PLEASE?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
CRESPO?
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. MALLIOTAKIS: I ACTUALLY WANT TO PICK UP
WHERE MY COLLEAGUE LEFT OFF, BECAUSE I ALSO WAS CONCERNED ABOUT
POTENTIAL FOR AUTO -- AUTOMATIC VOTER REGISTRATION IN THE FUTURE, BECAUSE
THIS YEAR THERE WERE GROUPS ADVOCATING THAT WE DO THAT. THERE'S BEEN
COLLEAGUES OF OURS THAT HAVE ALSO BEEN VERY VOCAL ABOUT THE NEED FOR US
TO MOVE IN THAT DIRECTION OF AUTOMATIC VOTER REGISTRATION. THERE WAS AN
ARTICLE IN FEBRUARY OF THIS YEAR IN NPR THAT STATED THAT IN PENNSYLVANIA
THERE WERE NONCITIZENS THAT WERE ACCIDENTALLY REGISTERED TO VOTE. NOT
DUE TO AUTOMATIC VOTER REGISTRATION, BUT DO MORE TOWARDS THE DRIVER'S
LICENSES BEING GIVEN TO NONCITIZENS. AND SO I JUST WANTED TO -- TO -- IS
THERE NOTHING IN THIS BILL THAT ACTUALLY WOULD DIFFERENTIATE SOMEONE --
SOMEONE'S LICENSE -- A LICENSE FOR SOMEONE WHO IS UNDOCUMENTED AND
SOMEONE WHO IS A CITIZEN, JUST FOR THE MATTER OF ENSURING THAT THERE'S NO
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MIXUP IN RECORDS BETWEEN THE DMV AND THE -- AND THE BOARD OF
ELECTIONS IN THE FUTURE, SHOULD THIS STATE GO FORWARD WITH AUTOMATIC
VOTER REGISTRATION?
MR. CRESPO: SO, IN A VERY TECHNICAL SENSE, THE
ANSWER IS NO. WE DON'T ADDRESS THAT BECAUSE IT'S NOT A CURRENT CONCERN.
IF WE WERE TO ENDEAVOR INTO DRAFTING LEGISLATION TO CREATE THAT
IMMEDIATE REGISTRATION, WE WOULD HAVE TO FIND A WAY AROUND THAT
CONCERN AND -- AND IMPLEMENT WHAT WOULD BE AUTOMATIC VOTER
REGISTRATION. BUT AGAIN, I THINK IT'S IMPORTANT TO NOTE, NOTHING THAT
WE'RE DOING HERE GIVES VOTING RIGHTS TO ANYONE WHO IS NOT CURRENTLY
ELIGIBLE TO VOTE, AND THAT'S ONLY CITIZENS. SO WE'RE NOT -- WE'RE NOT
CHANGING THAT. AND SO IF WE EXPAND ELIGIBLE -- I MEAN, THE PROCESS FOR
REGISTERING SOMEONE, WE WOULD TAKE INTO ACCOUNT WHAT DMV'S
DATABASE HAS OR DOESN'T HAVE AND HOW IT WOULD MEET OR COMPLY WITH
WHATEVER GOALS WE WOULD HAVE IN THOSE ELECTION POLICY PROPOSALS.
MS. MALLIOTAKIS: AND I -- AND I UNDERSTAND THAT
THIS LEGISLATION IS NOT LOOKING TO GIVE VOTING RIGHTS. HOWEVER, THE
HOUSE OF REPRESENTATIVES JUST PASSED LEGISLATION THAT WOULD ALLOW FOR
AUTOMATIC VOTER REGISTRATION. SO, I MEAN, IT WOULD MAKE SENSE THAT
WHILE WE'RE CRAFTING THIS BILL, THAT WE HAVE ANTICI -- WE SHOULD BE
ANTICIPATING THAT AUTOMATIC VOTER REGISTRATION WILL BE COMING DOWN THE
PIPE. I MEAN, WHAT HAPPENS IF WE -- WE ISSUE, LET'S SAY, HALF A MILLION
DRIVER'S LICENSES AND LEARNER'S PERMITS, AND THEN LATER ON DOWN THE LINE
WE SEE THAT AUTOMATIC VOTER REGISTRATION? HOW WILL YOU BE ABLE TO
DIFFERENTIATE AT THAT POINT BETWEEN THOSE WHO ARE CITIZENS ELIGIBLE TO
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VOTE AND THOSE WHO ARE NONCITIZENS?
MR. CRESPO: NO. IN -- AND IN -- NICOLE, I THINK IT'S
IMPORTANT ALSO TO NOTE, THAT CONCERN IS ACTUALLY ALREADY IN PLACE
WHETHER OR NOT WE PASS THIS. THERE ARE LEGAL RESIDENTS, NONCITIZENS,
WHO CURRENTLY HAVE DRIVER'S LICENSES, AND THEY'RE IN THE DATABASE. AND
SO IF WE ALL -- IF WE DID NOT PASS THIS BUT YET IMPLEMENTED AUTOMATIC
VOTER REGISTRATION, THAT'S A CONCERN WE WOULD STILL HAVE TO TAKE INTO
ACCOUNT IN TERMS OF HOW WE IMPLEMENT THAT NEW POLICY. BUT I'M SURE
THERE ARE A NUMBER OF FUTURE POLICIES THAT MAY OR MAY NOT BE IMPACTED
DIRECTLY OR INDIRECTLY BY WHAT WE DO HERE, BUT SIMPLY, THAT DOES NOT
CHANGE THE FACT THAT OUR STATE IS BETTER SERVED, OUR ECONOMY AND OUR
PUBLIC SAFETY IS BETTER SERVED BY ENSURING THAT MORE PEOPLE ARE ON THE
ROAD LICENSED AND INSURED.
MS. MALLIOTAKIS: OKAY. WITH REGARDS TO THE --
THE INDIVIDUALS WHO QUALIFY FOR A LICENSE. I MEAN, IS THERE ANY -- ARE
WE LOOKING AT ALL IF THEY HAVE DRIVEN UNLICENSED, IF THEY'VE -- ARE
CONVICTED OF A DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE?
WOULD THAT PREVENT ANYONE FROM BEING ABLE TO NOW APPLY FOR A
LICENSE?
MR. CRESPO: THERE'S NO DATABASE NOW FOR PEOPLE
GETTING LICENSES IN REGARDS TO ANY PRIOR HISTORY. SO IF -- IF IT'S -- RIGHT,
IN THE CASE OF A FOREIGN LICENSE. BUT. LOOK. IF I UNDERSTOOD THE
QUESTION CORRECTLY, NO. THE ANSWER IS NO.
MS. MALLIOTAKIS: OKAY. MOVING TO SECTION 2,
PARAGRAPH 12 WHERE -- WHERE YOU DISCUSS THE -- THE REQUIREMENT THAT
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THE COMMISSIONER, NO LATER THAN THREE DAYS AFTER SUCH A REQUEST FOR
INFORMATION COMES FROM AN IMMIGRATION AGENCY, THEY HAVE TO NOTIFY
THE LICENSED INDIVIDUAL ABOUT WHOM SUCH INFORMATION WAS REQUESTED,
AND SO -- AND THAT THEY -- THAT THIS EXISTING -- THIS AGENCY HAS REQUESTED
THEIR -- THEIR DOCUMENTATION AND BACKGROUND INFORMATION. SO, I
ASSUME THAT'S IN THERE BECAUSE YOU HAVE AN INTEREST IN PROTECTING
INDIVIDUALS WHO ARE HERE UNDOCUMENTED FROM -- FROM DEPORTATION.
NOW, WHAT IF -- WHAT IF THE SITUATION WAS THAT AN INDIVIDUAL WAS HERE
AND THEY HAD COMMITTED A CRIME THAT MAY BE PROTECTED UNDER -- MAYBE
A SANCTUARY POLICY OR NOW LAW ENFORCEMENT IS FORCED TO FIND THAT
PERSON ON THEIR OWN AND THEY'RE -- THEY'RE UTILIZING THIS DATABASE TO DO
SO. CAN YOU JUST TALK A LITTLE BIT ABOUT THAT? LIKE, WHAT IS THE PURPOSE
OF PUTTING IN THAT PROTECTION THERE IF AN INDIVIDUAL -- I MEAN, BECAUSE
CLEARLY, THERE'S -- WELL, WHY DON'T YOU TALK A LITTLE BIT ABOUT WHY YOU PUT
THAT PROVISION IN THERE.
MR. CRESPO: AS I MENTIONED EARLIER THIS AFTERNOON,
THE -- TWO REASONS: NUMBER ONE, WE ARE CONSISTENT IN TERMS OF THE
PRIVACY PROTECTIONS THAT WE ARE LOOKING TO AFFORD WITHIN THE BILL. AND
WHILE WE EXEMPT A NUMBER OF AGENCIES OR CLARIFY THE LIMITED AGENCIES
THAT WOULD NOT HAVE DIRECT ACCESS, THERE ARE A NUMBER OF EXEMPTIONS OF
THOSE THAT DO. THIS NOTIFICATION WOULD ONLY APPLY TO THOSE FEDERAL
AGENCIES THAT -- THAT ENFORCE CIVIL IMMIGRATION MATTERS. AND AGAIN,
THAT'S NOT THE RESPONSIBILITY OF DMV. AND WHEN APPROPRIATE UNDER THE
PROVISIONS THAT WE WOULD PUT FORWARD, THEY WOULD -- THEY WOULD LET
THAT INDIVIDUAL KNOW THAT THEIR INFORMATION WAS REQUESTED. IT IS NOT
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THAT DISSIMILAR FROM THE EXISTING PROVISION IN THE FEDERAL DRIVER
PRIVACY PROTECTION ACT THAT TALKS ABOUT EXEMPTED ACCESS, AND THEN
STATES THAT IF A NON-EXEMPTED ENTITY OR AGENCY WERE TO REQUEST
INFORMATION, THE -- THE DRIVER WOULD RECEIVE A NOTIFICATION THAT THAT
INFORMATION WAS REQUESTED PERTAINING TO THEIR RECORDS. SO IN A SENSE,
WE'RE REMAINING CONSISTENT WITH HOW THE FEDERAL POLICY ADDRESSES
NOTIFICATIONS IN SOME INSTANCES.
MS. MALLIOTAKIS: OKAY. BUT IF AN INDIVIDUAL
COMMITTED A CRIME AND NOW THERE'S A DETAINER REQUEST FOR THIS
INDIVIDUAL TO BE REMOVED FROM THE COUNTRY, THIS WOULD ACTUALLY REQUIRE
THE COMMISSIONER TO NOTIFY THE PERPETRATOR THAT AN AGENCY, A LAW
ENFORCEMENT AGENCY, IS SEEKING THEM?
MR. CRESPO: IT -- I'M A LITTLE CONFUSED ABOUT THE
QUESTION, BECAUSE WE'RE ONLY LIMITING THE INFORMATION WHEN IT'S RELATED
TO IMMIGRATION-SPECIFIC. IF THERE WAS A CRIMINAL ACT COMMITTED, AN
INVESTIGATION PERTAINING TO CRIMINAL ACTS, THAT WOULD -- THAT IS NOT, IN
MY OPINION, BEING IMPACTED, THOSE INVESTIGATIONS.
MS. MALLIOTAKIS: WELL, WHAT I'M SAYING IS, IF
THERE IS A DETAINER REQUEST FOR AN INDIVIDUAL WHO IS -- WHO IS -- WHO HAS
COMMITTED A CRIME IN THE UNITED STATES AND NOW THEIR -- THEIR LAW
ENFORCEMENT IS SEEKING TO HAVE THEM REMOVED FROM THE COUNTRY
PERMANENTLY, MY QUESTION WOULD BE, WOULD THIS REQUIRE THE -- THE
COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES TO NOTIFY THE
LICENSED INDIVIDUAL WHICH IS BEING -- WHO IS BEING SOUGHT, THAT THERE IS
A LAW ENFORCEMENT ENTITY THAT IS SEEKING THEM?
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MR. CRESPO: THE NOTIFICATION WOULD BE THAT A
REQUEST WAS MADE AND FOR WHICH DOCUMENTS, NOT THE INTENT OF THAT
AGENCY'S --
MS. MALLIOTAKIS: OKAY.
MR. CRESPO: -- THE REASONS WHY THEY'RE REQUESTING
THAT INFORMATION. ALSO, IF THERE -- AS WAS STATED EARLIER, THERE ARE
SCENARIOS WHERE CERTAIN FEDERAL WARRANTS OR COURT ORDERS WOULD --
WOULD STILL ALLOW ACCESS TO CERTAIN INFORMATION, BUT IT'S -- I -- I DON'T SEE
HOW THAT SCENARIO REALLY PLAYS OUT IN PRACTICE.
MS. MALLIOTAKIS: WELL, I -- I THINK IT'S IMPORTANT
BECAUSE FIRST OF ALL, YOU KNOW, U.S. CODE 1324 PROHIBITS INDIVIDUALS
FROM AIDING AND ABETTING INDIVIDUALS WHO ARE HERE UNLAWFULLY. AND IF
YOU HAVE A FEDERAL AGENCY WHO IS -- HAS A DETAINER REQUEST FOR
SOMEONE'S REMOVAL AND YOU'RE DIRECTING NOW THE COMMISSIONER OR THE
INDIVIDUALS WHO REPORT TO THE COMMISSIONER TO NOW NOTIFY THIS
INDIVIDUAL THAT THEY'RE BEING SOUGHT BY A LAW ENFORCEMENT AGENCY, YOU
KNOW, YOU'RE -- YOU'RE ASKING -- YOU'RE ASKING AN EMPLOYEE OF THE
DMV TO COMMIT A CRIME AGAINST U.S. CODE 1324.
MR. CRESPO: NO --
MS. MALLIOTAKIS: I MEAN, I DON'T THINK WE
SHOULD BE PUTTING LEGISLATION FORWARD --
MR. CRESPO: WE'RE NOT ASKING THEM TO COMMIT A
CRIME. DMV'S RESPONSIBILITIES PERTAIN TO THE REGULATION OF INDIVIDUALS
WHO ARE WITHIN OUR STATE WHO CAN OPERATE A MOTOR VEHICLE, UNDER WHAT
CONDITIONS AND WHAT MANNER THEY CAN DO SO, ENSURING THAT THEY ARE ABLE
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TO DO SO. AND THAT'S THE RESPONSIBILITY OF DMV. IT IS FEDERAL AGENCIES'
RESPONSIBILITY TO GO ABOUT THEIR INVESTIGATIONS TO DETAIN THE INDIVIDUALS
THEY ARE SEEKING. AND I UNDERSTAND THAT UNDERLYING THIS QUESTION IS
THIS BROADER DISCUSSION AROUND THE ROLE OF LOCAL AGENCIES OR SUPPORT FOR
FEDERAL EFFORTS IN REGARDS TO IMMIGRATION LAW. AND YES, THERE WILL BE
SOME OF THOSE POINTS THAT WE WILL SIMPLY NOT AGREE ON. BUT I -- I -- I
THINK THAT OUR EFFORTS HERE SPEAK MORE TO PUBLIC SAFETY FOR OUR
ROADWAYS, FOR OUR LOCAL LAW ENFORCEMENT, FOR ROAD SAFETY, FOR A NUMBER
-- LOCAL INVESTIGATIONS, LOCAL INTERACTIONS BY POLICE AND INDIVIDUALS IN
OUR STATE. MAKING SURE THAT PEOPLE ARE ABLE TO OPERATE WITHIN OUR
STATE, NOT HAVING TO LIVE UNDER THE SHADOWS. I THINK ALL OF THOSE THINGS
FAR OUTWEIGH PUBLIC SAFETY IN A POSITIVE WAY THAN THE DMV ITSELF BEING
ONE OF THE ENTITIES THAT WOULD HELP FACILITATE OR BE INVOLVED IN HELPING
OR ASSISTING OR PROVIDING INFORMATION TO IMMIGRATION OFFICES FOR THEIR
PURPOSES. I -- I CAN UNDERSTAND THE PHILOSOPHICAL DIFFERENCE WE'LL HAVE
ON THAT, BUT I THINK THERE'S A CLEAR ARGUMENT THAT THERE ARE MUCH MORE
PUBLIC SAFETY MEASURES BEING ACHIEVED IN THIS THAN NOT.
MS. MALLIOTAKIS: OKAY. LOOK, OBVIOUSLY, WE'RE
NOT GOING TO AGREE ON THIS PARTICULAR POINT. AND I DO SEE SOME OF THE
MERIT THAT YOU'RE -- YOU'RE SAYING THIS BILL CARRIES. BUT WHAT I -- WHAT I
DO WANT TO GO BACK INTO -- IN THE PUBLIC SAFETY ASPECT IS ON A MUCH
MORE GLOBAL SCALE. DID YOU -- HAVE YOU HAD CONVERSATIONS WITH THE
NEW YORK STATE ASSOCIATION OF COUNTY CLERKS?
MR. CRESPO: NO.
MS. MALLIOTAKIS: OKAY. SO THEY -- I MEAN,
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BECAUSE THEY PUBLICLY HAVE SAID THAT THEY WILL HAVE DIFFICULTY VERIFYING
WHETHER THESE DOCUMENTS THAT ARE PROVIDED, THAT ARE FOREIGN DOCUMENTS
THAT THEY'RE NOT FAMILIAR WITH, ARE GENUINE AND WHETHER THEY ARE
AUTHENTIC OR NOT.
MR. CRESPO: I -- I -- I'VE HEARD THOSE CONCERNS.
THEY HAVE NOT REACHED OUT EITHER TO EXPRESS THOSE CONCERNS TO ME AS
THE SPONSOR. I'VE ONLY HEARD THEIR CONCERNS THROUGH THEIR PRESS
CONFERENCES AND SOME EDITORIALS THAT THEY PUT OUT. BUT I CAN TELL YOU, I
DON'T SEE HOW THAT IS IN FACT OR IN TRUTH. THE FACT IS LOCAL DMV
PERSONNEL, AS WELL AS COUNTY CLERK PERSONNEL THAT ISSUE -- AND I BELIEVE
THEY ALL DO -- THE FEDERAL -- THE STANDARD LICENSES OR THE REAL
ID-COMPLIANT LICENSES ALREADY HAVE A METHOD -- A METHOD OF TRAINING
AND A PROCESS TO VERIFY FOREIGN DOCUMENTS. YES, THIS WILL MAYBE ADD
TWO OTHERS -- OR ONE OTHER, REALLY, DOCUMENT THAT THEY WOULD HAVE TO
VERIFY. BUT THERE ARE EXTENSIVE TECHNOLOGY SOFTWARE AND OTHER
PROCESSES THAT ARE USED WIDELY IN BANKING AND OTHER INDUSTRIES THAT DO
THIS. WE ARE LIMITING IT TO THOSE THREE AND -- IDENTIFICATIONS WHICH ARE,
YOU KNOW, NOT EASILY ACCESSIBLE. NOT EVERYBODY HAS ONE. THEY ARE
COMING FROM LEGITIMATE AGENCIES, FROM COUNTRIES THAT DMV HAS HAD AN
UNDERSTANDING OF WHAT THE PROTOCOLS ARE. SO THIS -- AGAIN, I STRONGLY
BELIEVE THAT BASED ON THE TRAINING THAT STAFF ALREADY GETS, THEY ARE
FAMILIAR WITH THIS PROCESS. THEY KNOW WHAT THEY'RE DOING. COULD IT --
IS IT POSSIBLE THAT THEY'LL NEED A PERSON OR TWO EXTRA THAT THEY MAY NEED
ADDITIONAL REVENUES? THAT'S -- IF FOR THE TECHNOLOGY OF SOFTWARE NEEDS
TO BE PROVIDED TO THEM, THAT'S SOMETHING THE DEPARTMENT WOULD HAVE TO
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ADJUST TO. AND I WILL ARGUE THAT THE REVENUES RAISED WILL MORE THAN
ENOUGH COVER THOSE EXPENSES, AND LOCAL COUNTY CLERKS WILL SEE ALSO
TREMENDOUS FINANCIAL BENEFITS FOR THEIR LOCAL JURISDICTIONS THROUGH THE
IMPLEMENTATION OF THIS BILL.
MS. MALLIOTAKIS: YOU KNOW, I -- I SHARE A
CONCERN THAT WAS BROUGHT UP BY -- BY ONE OF MY COLLEAGUES, AND IT IS A
VERY LEGITIMATE CONCERN. AND I BELIEVE THAT THE MAJORITY OF INDIVIDUALS
WHO WILL BE -- WHO WILL BE SEEKING THESE LICENSES ARE GOOD PEOPLE.
THEY'RE HERE, THEY WANT TO WORK HARD, THEY WANT TO ACHIEVE THE
AMERICAN DREAM LIKE MY PARENTS, LIKE YOUR FAMILY. AND I HAVE -- YOU
KNOW, I'M -- I'M SUPPORTIVE OF -- OF ACTUALLY LOBBYING WASHINGTON, SO
THAT WAY THEY CAN COME OUT OF THE SHADOWS AND BECOME -- BECOME
PRODUCTIVE MEMBERS OF OUR -- OF OUR SOCIETY. BUT THERE IS -- THERE IS
REALLY A SECURITY ISSUE HERE AS WELL. AND, YOU KNOW, WHEN YOU -- WHEN
YOU LOOK AT OUR HISTORY AS A NATION, YOU KNOW, WE HAVE TO BE MINDFUL
OF THOSE WHO ALSO WANT TO DO US HARM. ALL RIGHT. AND THAT IS
SOMETHING I DON'T THINK THAT THIS BILL TAKES INTO ACCOUNT. YOU KNOW,
THERE'S ONE THING THAT WE WANT TO FIGHT FOR THOSE INDIVIDUALS WHO ARE
HERE, THEY WANT TO WORK HARD, THEY WANT TO ACHIEVE THE AMERICAN
DREAM. BUT THOSE THAT SLIP THROUGH THE CRACKS THAT ARE HERE TO TRY TO DO
US HARM, I DON'T THINK THIS BILL DOES ENOUGH. AND THE FACT THAT THE NEW
YORK STATE ASSOCIATION OF COUNTY CLERKS IS SAYING THAT THEY CAN'T
VERIFY THE AUTHENTICITY OF DOCUMENTS -- I MEAN, THEY'RE SAYING IT. I
UNDERSTAND THAT YOU'RE SAYING THAT THEY HAVE SOME TOOLS TO DO SO, BUT IF
THE ASSOCIATION ITSELF IS SAYING THAT THEY CAN'T DO IT, I MEAN, ISN'T THAT
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SOMETHING THAT CONCERNS YOU IN A POST-9/11 WORLD?
MR. CRESPO: CERTAINLY. AND -- AND AGAIN, I THINK
IT'S IMPORTANT -- I -- I DON'T WANT ANYBODY IN ANY DISTRICT TO MISINTERPRET
OUR EFFORTS TO ENSURE PUBLIC SAFETY. I THINK PUBLIC SAFETY IS PARAMOUNT
IN WHAT WE'RE TRYING TO ACHIEVE HERE. AND I UNDERSTAND THAT THERE WILL
ALWAYS BE SCENARIOS AND, YOU KNOW, EXAMPLES WHERE SOMETHING CAN
SLIP THROUGH THE CRACKS, AS WAS MENTIONED EARLIER. BUT MAKE NO
MISTAKE ABOUT IT. WE ARE ENHANCING PUBLIC SAFETY THROUGH THIS PROCESS.
EVEN -- IN FACT, MS. MALLIOTAKIS, AND I LOOK FORWARD TO THE DAY THAT I
CAN JOIN YOU IN THAT LOBBYING EFFORT IN DC FOR -- FOR IMMIGRATION
REFORM IN THIS COUNTRY -- BUT THE FACT IS, IF YOU LOOK AT THE 9/11
TERRORISTS --
MS. MALLIOTAKIS: YUP.
MR. CRESPO: THE FACT THAT ALL OF THEM HAD BEEN
ISSUED LICENSES AND PILOT LICENSES IN SOME INSTANCES ACTUALLY HELPED LAW
ENFORCEMENT TO BETTER INVESTIGATE AND MORE RAPIDLY INVESTIGATE WHERE
THOSE INDIVIDUALS LIVED, WHO WAS ASSOCIATED WITH --
MS. MALLIOTAKIS: BUT YOU'RE TRYING TO BLOCK
ACCESS TO THAT INFORMATION.
MR. CRESPO: -- INFORMATION THAT TODAY IS
OFTENTIMES NOT ACCESSIBLE TO LAW -- LAW ENFORCEMENT AGENCIES BECAUSE
THOSE INDIVIDUALS ARE FORCED TO LIVE IN THE SHADOWS AND DON'T SHARE
INFORMATION WHERE NECESSARY. SO I -- I WOULD ARGUE, WE ARE MAKING
OUR PUBLIC SAFETY GOALS MUCH CLEARER TO ACHIEVE BY IMPROVING THE
NUMBER OF PEOPLE THAT -- ENHANCING THE NUMBER OF PEOPLE THAT CAN BE A
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PART OF OUR LICENSING AND OUR -- AND OUR SYSTEM, RATHER THAN THE
OPPOSITE, KEEPING THE CURRENT STRUCTURE MAKES THIS MORE DANGEROUS IN
OUR COMMUNITIES.
MS. MALLIOTAKIS: ALL RIGHT. BUT YOU'RE -- YOU'RE
NOT SHARING -- YOU'RE BLOCKING THOSE INFORMATION FROM BEING SHARED --
ACTING SPEAKER AUBRY: MS. MALLIOTAKIS,
YOUR TIME HAS ELAPSED.
MS. MALLIOTAKIS: IT WAS UP WHEN YOU LET HIM
KEEP GOING.
ACTING SPEAKER AUBRY: WELL, UNFORTUNATELY,
YOU ASKED HIM THE QUESTION AT THE APPROPRIATE TIME.
MS. MALLIOTAKIS: THANK YOU.
ACTING SPEAKER AUBRY: MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. IF THE
SPONSOR WOULD BE SO KIND AS TO YIELD ANOTHER TIME.
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER AUBRY: MR. CRESPO YIELDS.
MR. WALCZYK: THROUGH YOU, MR. SPEAKER, I
WONDER IF THE SPONSOR WOULD ENLIGHTEN US AS TO THE ORIGIN OF THE -- THE
IDEA OF THIS BILL, WHERE IT CAME FROM AND WHO WROTE THE LEGISLATION.
MR. CRESPO: WAIT. YOU WANT THE HISTORY OF THIS
CONCEPT, OR THIS BILL?
MR. WALCZYK: THIS BILL.
MR. CRESPO: SO, THERE HAD BEEN A NUMBER OF
PROPOSALS OVER THE YEARS OR SINCE THE REGULATIONS WERE CHANGED IN THE
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EARLY 2000'S TO ENSURE THAT THOSE INDIVIDUALS THAT HAD BEEN LICENSED
PRIOR BUT THEN LOST IT WHEN THE REGULATIONS WERE CHANGED CONTINUED TO
HAVE ACCESS TO THEIR DRIVING PRIVILEGES. THAT HAS COME IN A NUMBER OF
FORMS. I -- I KNOW A COUPLE OF COLLEAGUES OF MINE WHO ARE SITTING IN
THIS CHAMBER TODAY HAVE CARRIED AT ONE POINT OR ANOTHER A VERSION OF
THIS BILL. THIS BILL MOST CLOSELY RESEMBLES A BILL BY FORMER COLLEAGUE,
FRANCISCO MOYA, WHO HAD A SIMILAR DRAFT. BUT A COALITION OF ADVOCATES
AND COMMUNITY-BASED ORGANIZATIONS RECOMMENDED ADDITIONAL CHANGES
WHICH I INTRODUCED AND IS THE CURRENT FORM YOU SEE BEFORE YOU WHICH
HAS BEEN AMENDED MORE THAN ONCE TO ADDRESS MANY OF THE CONCERNS
RAISED BY LAW ENFORCEMENT, AS WELL AS MEMBERS ON YOUR SIDE OF THE
AISLE.
MR. WALCZYK: I APPRECIATE THAT ANSWER. AND
THROUGH YOU, MR. SPEAKER, YOU'VE BEEN CARRYING THIS BILL FOR ROUGHLY A
YEAR. IS THAT ABOUT RIGHT?
MR. CRESPO: THAT'S RIGHT.
MR. WALCZYK: OKAY. EXCELLENT. SO, OVER THE
PAST YEAR, WHAT CONVERSATIONS HAVE YOU HAD WITH THE STATE BOARD OF
ELECTIONS OR WITH LOCAL BOARD OF ELECTIONS ACROSS NEW YORK STATE AS TO
HOW THIS WILL IMPACT AND HOW THEY'LL BE ABLE TO DEAL WITH MOTOR VOTER
REGISTRATE -- REGISTRANTS WHEN IT COMES TO REGISTERED VOTERS?
MR. CRESPO: SO, I CAN'T SAY THAT SPECIFIC TO THIS BILL
I'VE HAD THOSE CONVERSATIONS, BUT YOU MAY NOT KNOW, IN ANOTHER
CAPACITY I SERVED AS THE PARTY CHAIR IN MY COUNTY TO MY PARTY. AND IN
THAT, I HAVE CONSISTENT INTERACTIONS WITH THE BOARD OF ELECTIONS, AND
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UNDERSTAND AND I HAVE SEEN FIRSTHAND THE CONCERNS AS THEY PLAY OUT ON
ELECTION DAY IN OUR LOCAL COMMUNITIES. AND HAVE OBVIOUSLY STAYED,
YOU KNOW, UP-TO-DATE ON THE NARRATIVES AND THE DISCUSSIONS THAT HAVE
HAPPENED NATIONALLY, REALLY, AROUND THOSE CONCERNS. BUT NONE OF THAT
NECESSARILY IS RELEVANT TO WHAT WE ARE CHANGING HERE TODAY. IF IT HAS AN
UNINTENDED CONSEQUENCE DOWN THE LINE BECAUSE OF POTENTIAL POLICIES,
WE WILL SEE. WE'LL ADDRESS THEM AT THE RIGHT TIME.
MR. WALCZYK: AND THROUGH YOU, MR. SPEAKER, IF
THE SPONSOR WOULD CONTINUE TO YIELD, WOULD YOU ENLIGHTEN US AS TO WHO
YOUR LOCAL BOARD OF ELECTIONS COMMISSIONERS ARE AND YOU, CHAIRMAN,
ABOUT YOUR CONVERSATIONS WITH THEM ABOUT THIS BILL?
MR. CRESPO: SO, YOU KNOW, IT'S BEEN A LONG
DEBATE, AND GIVING YOU SPECIFIC NAMES, AND I'M NOT SURE THAT THEY WANT
TO SHARE THE CONVERSATIONS WE'VE HAD THAT HAVE BEEN SOME IN PUBLIC
FORUMS, SOME HAVE BEEN IN PRIVATE FORUMS. BUT I GUESS IT WOULD BE
MORE RELEVANT TO THIS DISCUSSION IF YOU MAYBE CLARIFY IN YOUR QUESTION
WHAT IS THE CONCERN THAT YOU WANT ME TO ADDRESS. IF YOU'RE ASKING ME
ABOUT IF I HAD CONVERSATIONS, YES. DO I -- HAVE I HAD NUMEROUS
CONVERSATIONS REGARDING THE IMPACT OF THIS BILL AND POTENTIAL VOTER
FRAUD, WHAT THE APPLICATION WILL LOOK LIKE, HOW IT WILL AFFECT, YOU KNOW,
VOTING PROCESSES, YES, I'VE HAD A NUMBER OF THOSE. AND I'M NOT SURE
HOW THEY'RE RELEVANT BECAUSE WE DO NOTHING IN THIS BILL TO CHANGE WHO
HAS A RIGHT TO VOTE AND HOW THEY DO SO TODAY. AND IF THERE'S A SEPARATE
CONVERSATION TO BE HAD ABOUT THE BOARD OF ELECTIONS NEEDING TO
ENHANCE THEIR EFFORTS, THAT'S FOR A DIFFERENT DEBATE, DIFFERENT TIME,
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DIFFERENT PROPOSAL.
MR. WALCZYK: I'D BE HAPPY TO ANSWER THAT
QUESTION THROUGH YOU, MR. SPEAKER. WHAT I'M TRYING TO GET AT, MR.
SPONSOR, OR MR. CHAIRMAN, IS THAT I'VE HEARD FROM MY ELECTIONS
COMMISSIONERS AND THEY HAVE SOME CONCERNS WITH HOW THEY WILL VET
MOTOR VOTER REGISTRANTS. THEY'RE CONCERNED THAT THEY DON'T HAVE THE
ABILITY, THE STAFF. AND THE WAY THAT THIS INFORMATION WILL COME TO THEM
THROUGH DMV, THEY DON'T HAVE THE ABILITY TO PURGE THOSE RECORDS OF
NONCITIZENS WHO MAY HAVE ACCIDENTLY JUST PRESSED YES ON A
CONSUMER-FORWARD DEVICE, OR MAY HAVE CHECKED YES AS THEY'RE QUICKLY
FILLING OUT AN APPLICATION, SIGNED THE BOTTOM AND NOW THEY'RE REGISTERED
TO VOTE IN THE UNITED STATES OF AMERICA. AND MAYBE THAT WASN'T EVEN
THEIR INTENT, BUT NOW EVERYONE IN THIS CHAMBER IS WORKING VERY HARD TO
SHOW -- TO GET THEM TO SHOW UP ON ELECTION DAY, AND THIS IS -- THIS IS A
RIGHT OF UNITED STATES CITIZENS THAT WE'RE NOW PUSHING MAYBE SOMEONE
THAT'S NOT A CITIZEN OF THE UNITED STATES WHO ACCIDENTLY, IN THIS SHUFFLE
OF PAPERWORK, THROUGH LEGISLATION THAT WASN'T PROPERLY VETTED THROUGH A
BOARD OF ELECTIONS IN YOUR AREA OR IN MINE, WE HAVEN'T CREATED A
PROCESS THAT WOULD ALLOW THEM TO VET THOSE RECORDS.
MR. CRESPO: I -- I APPRECIATE THAT. I -- I MEAN,
YOUR -- YOUR SUGGESTIONS ARE BASED ON A NUMBER OF HYPOTHETICALS. BUT
KEEP IN MIND, THAT IS CURRENTLY A CONCERN FOR THE BOARD OF ELECTIONS
AND THEIR PROCESS BECAUSE THERE ARE DOCUMENTED INDIVIDUALS,
NONCITIZENS, WHO HAVE DRIVER'S LICENSES ISSUED TODAY. SO, YES. IF THERE
IS A STRENGTHENING OF THE WAY OR THE MANNER IN WHICH THE BOARD OF
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ELECTIONS ENSURES THAT THE RIGHT PEOPLE ARE REGISTERED, IT'S AN AFFIDAVIT IN
YOUR APPLICATION, YOU SHOULD KNOW WHAT YOU'RE SIGNING. AND I ASSURE
YOU, THE IMMIGRANT COMMUNITY IS EXTREMELY CAUTIOUS OF WHAT THEY SIGN
TO, WHAT THEY AGREE TO, BECAUSE THEY HAVE CONSEQUENCES THAT NEITHER
YOU OR I HAVE TO BE CONCERNED ABOUT. BUT I ASSURE YOU, IF YOU OR I WERE
THREATENED WITH MAKING A MISTAKE LIKE CHECKING OFF A BOX WITHOUT --
WITHOUT LOOKING AT IT, AND IT COULD MEAN THAT YOU WILL NEVER SEE YOUR
CHILDREN AGAIN, I ASSURE YOU, YOU'D BE VERY CAREFUL TO CHECK THAT BOX OR
NOT.
MR. WALCZYK: WELL, I -- I APPRECIATE THAT, MR.
SPEAKER, AND I'LL -- I'LL RESPOND VERY QUICKLY BEFORE MY NEXT QUESTION IF
YOU'LL ALLOW. OUR -- OUR DEMOGRAPHICS IN OUR DISTRICTS ARE OBVIOUSLY
VERY DIFFERENT. I SHAKE HANDS WITH MANY CANADIANS WHO ARE
NONCITIZENS OF THE UNITED STATES WHO TELL ME ON A REGULAR BASIS, I
WOULD LOVE TO VOTE FOR YOU, BUT I CAN'T BECAUSE I'M A CITIZEN IN CANADA.
MY CONCERN A LITTLE BIT AND MY -- MY -- THE CONCERN OF MY BOARD OF
ELECTIONS COMMISSIONERS IS THAT IF WE'RE EASING THIS PROCESS, SOME OF
THOSE FOLKS MIGHT BE CAUGHT IN THE SHUFFLE. AND WHILE I WOULD
ACCIDENTLY LOVE TO HAVE THEM VOTE FOR ME, I THINK THIS IS A RIGHT THAT
UNITED STATES CITIZENS EARNED. AND IF YOU WOULD CONTINUE TO YIELD.
MR. CRESPO: YEAH. BUT JUST TO RESPOND TO THAT.
WE DO NOT CHANGE THAT. I AGREE WITH YOU, THE VOTING RIGHTS ARE
EXTENDED TO CITIZENS. THAT IS THE LAW. THAT REMAINS THE LAW. NOTHING
IN THIS BILL ALLOWS OR AUTHORIZES SOMEONE NEW THE PRIVILEGE TO VOTE.
WE CAN SAY THAT IN 20 DIFFERENT WAYS, BUT IT'S JUST A FACT. WE DO
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NOTHING TO CHANGE WHO HAS ACCESS OR THE ABILITY TO VOTE. THERE ARE
EFFORTS TO EXPAND ACCESS TO VOTER APPLICATIONS NOT JUST WITH DMV, BUT
WITH A NUMBER OF OTHER AGENCIES. WE WANT ONLINE REGISTRATION. WE
HAVE OTHER EFFORTS TO MAKE IT MORE ACCESSIBLE FOR PEOPLE TO REGISTER.
NONE OF THAT CHANGES WHAT QUALIFIES YOU TO VOTE. SO I THINK THE IDEA,
THE HYPOTHETICAL YOU PRESENT, IS NOT, IN FACT, GOING TO BE A GREAT
CONCERN. IT'S NOT IN PRACTICE GOING TO MATERIALIZE IN THAT MANNER. AND
WHERE IT OCCURS, IT'LL BE ROOTED. MISTAKES WILL HAPPEN, WITH THIS BILL OR
NOT THIS BILL. AND DMV ALREADY -- MOTOR VOTER ISSUES MAY ALREADY BE
RELEVANT GIVEN THAT THERE ARE A NUMBER OF NONCITIZENS WHO ARE ISSUED
DRIVER'S LICENSES. SO I DON'T THINK THAT -- THAT THIS EXPANSION IS GOING TO
EXACERBATE THAT, BUT RATHER, THAT'S A CONVERSATION TO BE HAD IN REGARDS TO
ELECTION LAW POLICY.
MR. WALCZYK: THANK YOU. THROUGH YOU, MR.
SPEAKER, I WONDER IF THE SPONSOR WOULD CONTINUE TO YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR
CONTINUES.
MR. WALCZYK: I'M GOING TO SHIFT --
MR. CRESPO: INDEFINITELY, BY THE WAY, I CONTINUE TO
YIELD.
MR. WALCZYK: I APPRECIATE THAT. I -- I'M GOING TO
SHIFT GEARS A LITTLE BIT HERE. AND IN THE LAST 14 MONTHS THAT YOU'VE
SPONSORED THIS LEGISLATION - OR MAYBE BEFORE WHEN YOU WERE PLANNING
TO PUT IT IN AND WORKING ON A BILL DRAFT - WHAT CONVERSATIONS DID YOU
HAVE WITH OTHER STATES OR PROVINCES OF CANADA THAT HAVE RECIPROCAL
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AGREEMENTS THROUGH OUR DEPARTMENT OF MOTOR VEHICLES THAT SHARE
LICENSING INFORMATION, ABOUT THE IMPACT OF THIS LEGISLATION? WHAT
CONVERSATIONS HAVE YOU HAD?
MR. CRESPO: WE HAVEN'T HAD DIRECT CONVERSATIONS.
WE'VE OBVIOUSLY DONE RESEARCH ON WHAT OTHER JURISDICTIONS HAVE DONE
IN AND AROUND THESE -- THESE PROPOSALS OR THIS POLICY. BUT OTHER THAN
VERIFYING A QUESTION WE MAY HAVE HAD WHEN THINKING THROUGH, NO, I
HAVEN'T HAD DIRECT CONVERSATIONS. I COULD ASSURE YOU, THOUGH, MANY OF
THE COALITION MEMBERS AND ADVOCATES WHO HAVE HELPED SHAPE THE
LANGUAGE OR THE SUGGESTIONS OF WHAT SHOULD BE INCLUDED HAVE BEEN A
PART OF EFFORTS TO DRAFT SIMILAR LEGISLATION ELSEWHERE, AND THEY'RE VERY
FAMILIAR WITH WHAT THE IMPACTS WOULD BE. AND ACTUALLY DURING THE
CAUCUS WEEKEND EARLIER THIS YEAR, WE TALKED AT LENGTH AROUND THE
POSSIBILITIES WHERE SOMEBODY WAS ISSUED THIS LICENSE, WHAT WOULD IT
MEAN IF THEY'RE DRIVING IN ANOTHER STATE, AND THOSE TYPES OF QUESTIONS
WERE ADDRESSED. THERE IS -- THE STATE PARTICIPATES IN THAT NATIONAL
REGISTRY OF DRIVER INFORMATION. SO AS IT RELATES -- AND ACTUALLY, CANADA
DOES AS WELL. SO ANY DRIVER-RELATED INFORMATION OR RECORDS WOULD BE
AVAILABLE TO ALL THOSE AGENCIES, TO ALL THOSE STATES, AND TO CANADA AS
WELL.
MR. WALCZYK: THAT'S GREAT, AND WILL SAVE ME A
COUPLE OF QUESTIONS. WE HAVE AGREEMENTS WITH 45 DIFFERENT STATES AND
A -- A NUMBER OF PROVIDENT -- PROVINCES OF CANADA. THE RECIPROCAL
AGREEMENT, WILL THIS IMPACT INFORMATION THAT WE SHARE OVER THE -- OVER
ANY OF THOSE AGREEMENTS?
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MR. CRESPO: NO.
MR. WALCZYK: DO WE CURRENTLY SHARE DRIVER'S
LICENSE PHOTOS?
MR. CRESPO: I DON'T THINK WE DO.
MR. WALCZYK: DO WE SHARE ADDRESSES?
MR. CRESPO: I WILL -- I'LL SAY THAT THE CURRENT
INFORMATION BEING SHARED IN THOSE REGISTRIES DOES NOT CHANGE WITH THIS
BILL.
MR. WALCZYK: OKAY. SO, NO --
MR. CRESPO: AND -- AND TO BE CLEAR, IF IT'S ALLOWED
UNDER THE FEDERAL DRIVER PRIVACY PROTECTION ACT, THAT ALSO REMAINS
CONSISTENT.
MR. WALCZYK: OKAY. SO ARE YOU -- ARE YOU
AWARE OF SOME OF THE OFFENSES THAT WOULD -- WOULD TRIGGER SOME OF THE
SHARING AGREEMENTS WITH OTHER STATES?
MR. CRESPO: CLARIFY THE QUESTION FOR ME, PLEASE.
MR. WALCZYK: YEAH SURE -- WELL, MAYBE I --
MAYBE I COULD JUST ENLIGHTEN A LITTLE BIT.
MR. CRESPO: THANK YOU.
MR. WALCZYK: MANSLAUGHTER IS ONE OF THEM.
ANY FELONY -- FELONY IN THE COMMISSION OF WHICH A MOTOR VEHICLE IS
USED. ANY SPEEDING OFFENSE, ANY OFFENSE CONSISTING OF DISOBEYING A
TRAFFIC CONTROL DEVICE. ANY OFFENSE INVOLVING FAILURE TO YIELD TO A
RIGHT-OF-WAY. ANY OFFENSE INVOLVING DIRECTION OF TRAFFIC, OVERTAKING OR
PASSING. ANY OFFENSE INVOLVING FAILURE TO USE A SAFETY BELT OR A CHILD
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RESTRAINT DEVICE. RECKLESS DRIVING, PASSING A STOPPED SCHOOL BUS.
THOSE ARE JUST SOME OF THE EXAMPLES OF INFORMATION THAT TRIGGER US
SHARING WITH ONE OF THOSE RECIPROCAL AGREEMENTS WITH PROVINCES IN
CANADA OR 45 OF THOSE STATES IN THE UNITED STATES.
MR. CRESPO: AND THAT DOES NOT CHANGE.
MR. WALCZYK: OK. SO IN -- IN THE INSTANCE WHERE
ONE OF THOSE VIOLATIONS HAPPENS WITH A NEW YORKER UNDER THIS NEW
LICENSE AGREEMENT, WE'LL STILL SHARE THEIR NAME AND THEIR ADDRESS, WE'LL
SHARE INFORMATION THAT COULD BE LINKED TO THEIR LEGAL ADDRESS --
MR. CRESPO: WHATEVER -- WHATEVER IS CURRENTLY
SHARED. THE SAME SUBSET OF DATA CURRENTLY SHARED FOR ALL DRIVERS IN THE
CURRENT REGISTRY AND -- AND OPEN DATABASE REMAINS THE SAME.
MR. WALCZYK: OKAY. WELL, I COULDN'T -- I
COULDN'T HELP BUT NOTICE THE -- THE TITLE OF THIS ACT IS THE "DRIVER'S
LICENSE ACCESS AND PRIVACY ACT." SO YOU COULD SEE HOW SOME
CONCERNS ABOUT SHARING DATA WOULD CERTAINLY COME TO THE FOREFRONT FOR
ME. DO YOU SEE ANY OF THAT DATA THAT WE SHARE IN OUR RECIPROCAL
AGREEMENT CURRENTLY AS SHOWING THE LEGAL STATUS IF -- IF THESE NEW
UNDOC --
MR. CRESPO: NO, THAT -- NO. WE -- WE -- THE WAY
IN WHICH DMV WOULD BE INSTRUCTED TO MAINTAIN THIS DATABASE WILL NOT
IDENTIFY LEGAL STATUS, LAWFUL PRESENCE IN THE UNITED STATES BECAUSE
THAT'S NOT PERTINENT TO WHAT DMV RESPONSIBILITIES ARE. IT'S NOT RELATED
TO THEIR JURISDICTION OR -- OR NECESSARY TO EVALUATE WHETHER YOU ARE AN
INDIVIDUAL WHO HAS PASSED THE ROAD TEST, CAN OPERATE A MOTOR VEHICLE,
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AND/OR WOULD BE ISSUED THAT PRIVILEGE TO DRIVE. SO -- BUT TO BE CLEAR,
WE'RE NOT ADDRESSING OR CHANGING THE DATA POINTS THAT ARE SHARED IN THAT
NATIONAL REGISTRY OR ACCESS TO THAT REGISTRY. SO, IT REMAINS CONSISTENT IN
TERMS OF ANY DATA SHARED CURRENTLY UNDER THOSE PROVISIONS.
MR. WALCZYK: THE -- THE INDIVIDUAL -- THE REST OF
NEW YORKERS THAT PLAN TO TRAVEL INTERNATIONALLY WILL HAVE TO GET REAL
ID IN OCTOBER 2020. SO I ANTICIPATE A NUMBER OF CONSTITUENTS FROM MY
DISTRICT WILL GO THROUGH THE PROCESS TO THAT UPGRADE. AND I COULD EASILY
SEE THE -- THE PROVINCES OF CANADA OR OTHER STATES AND NEW YORK
SEEING THEIR -- THEIR LICENSE, THE STATUS OF THEIR LICENSE, THE TYPE OF
LICENSE THAT THEY HAVE WITHIN NEW YORK STATE AND DOING SOME OF THE
VETTING ON THEIR OWN TO SEPARATE THE TWO GROUPS. MY CONCERN, AND
MAYBE -- MAYBE YOU COULD HELP ME OUT HERE, IS THAT IF WE HAVE TWO
DIFFERENT LICENSES IN NEW YORK STATE STARTING IN 2020, ARE YOU
CONCERNED THAT INDIVIDUALS WHO HAVE THE -- THE NON-REAL ID DRIVER'S
LICENSE IN NEW YORK STATE WILL BE MORE LIKELY TO HIT AND RUN BECAUSE
THEY'RE CONCERNED THAT IN ANOTHER STATE, NAME YOUR RECIPROCITY STATE, IN
SOUTH CAROLINA THEY GET PULLED OVER, THEY KNOW THAT THAT STATE WILL NAIL
THEM FOR NOT HAVING A REAL ID?
MR. CRESPO: NO, I DON'T HAVE THAT CONCERN.
MR. WALCZYK: WOULD YOUR CONCERN BE THE -- BE
THE CASE IN CANADA IN THAT CASE?
MR. CRESPO: NO.
MR. WALCZYK: OKAY.
ON THE BILL.
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NYS ASSEMBLY JUNE 12, 2019
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. WALCZYK: I DO HAVE A CONCERN, AND I PLAN TO
VOTE NO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BLANKENBUSH.
MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.
I'M GOING TO GIVE THE SPONSOR A BREAK AND HE COULD SIT DOWN BECAUSE
I'M GOING TO SPEAK ON THE BILL, MARCOS. SITTING HERE LISTENING TO ONE OF
MY COLLEAGUES TALK A WHILE AGO ABOUT SOME ECONOMIC BENEFITS AND
AUTOMOBILE SALES AND SO FORTH AND DRIVERS, I -- I GOT TO PUT MY... I GUESS
MY INSURANCE HAT ON. I'VE BEEN IN THE INSURANCE BUSINESS LONGER THAN
I'M GOING TO TELL YOU. SO, ONE OF THE PROBLEMS I SEE THAT'S HAPPENING
WITH THE PASSING OF THIS BILL, WHICH IS GOING TO BE FOR ALL OF THE -- ALL OF
OUR INDIVIDUALS WHO ARE GOING TO BE LICENSING FOR THE FIRST TIME, MANY
OF THEM, I WOULD IMAGINE, WOULD BE INTERESTED IN BUYING AUTOMOBILES
FOR THEIR OWN. NOW, THE ONE CAUTION I -- I HAVE ABOUT THIS, IS THAT
ANYONE WHO IS GOING TO BE LICENSED IMMEDIATELY, THEY'RE ALL GOING TO BE
CONSIDERED INEXPERIENCED OPERATORS BECAUSE THERE'S NO THREE-YEAR
SETBACK DATA AN INSURANCE COMPANY COULD LOOK AT TO -- TO SEE WHAT KIND
OF A DRIVER THEY ARE. AND THEY'RE PROBABLY A LOT OF GOOD DRIVERS. BUT IN
THE INSURANCE COMPANIES, UNDER THE UNDERWRITING PROCEDURES, THEY
NEED THREE YEARS EXPERIENCE. ANYONE HERE WHO HAS A CHILD THAT THEY
PUT ON THEIR INSURANCE POLICY AT 16 YEARS OLD UNDERSTANDS THAT THOSE
16-YEAR-OLDS ARE CONSIDERED INEXPERIENCED OPERATORS. AND YOU COULD
-- YOU ALL KNOW WHAT HAPPENS TO YOUR PREMIUMS. THIS IS GOING TO BE A
LITTLE BIT DIFFERENT BECAUSE, YOU KNOW, THERE'S A LOT OF ADULTS THAT ARE
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NYS ASSEMBLY JUNE 12, 2019
INDIVIDUALS WHO ARE GOING TO BE APPLYING FOR A -- A LICENSE, AND MANY
OF THEM ARE GOING TO BE OUT LOOKING TO BUY AUTOMOBILES FOR THEIR
REGISTRATION AND LICENSING OF THEIR AUTOMOBILE. WHAT I THINK THAT
EVERYONE SHOULD REALIZE THAT WHEN THAT HAPPENS, THE INSURANCE
COMPANIES ARE NOT GOING TO WRITE THEM UNDER STANDARD INSURANCE
POLICIES. MOST OF THEM, OR PROBABLY ALL OF THEM, ARE GOING TO HAVE TO
BE IN THE ASSIGNED RISK POOL. IN MY AREA, WHICH I DON'T HAVE AS MANY --
IN THE NORTH COUNTRY, I DON'T HAVE AS MANY DRIVERS AS NEW YORK CITY
AND LONG ISLAND AND IN AREAS DOWN THERE, AND OUR PREMIUMS ARE
SOMETHING LIKE ANYWHERE BETWEEN $2,500 AND $3,000 FOR MINIMUM
COVERAGE. AND THE CONCERN IS -- AND I'LL GIVE YOU ANOTHER EXAMPLE. A
LOT OF TIMES IN MY AREA, YOUNG GUYS COME IN AND THEY -- FROM THE FORT
DRUM, THEY'VE NEVER BEEN LICENSED IN NEW YORK, THEY'VE NEVER HAD
INSURANCE. THEY GO OUT AND THEY BUY A CAR, AND THEN THEY COME IN AND
THEY FIND OUT THAT THEIR PREMIUMS ARE MORE THAN WHAT THEIR CAR IS WORTH.
SO THE CONCERN I HAVE IS WHEN -- AND BY THE WAY, WE DON'T WRITE THE
ASSIGNED RISK ANYMORE. I KNOW MR. HAWLEY'S AGENCY DOESN'T WRITE THE
ASSIGNED RISK ANYMORE, IT'S JUST A PAIN IN THE NECK. AND SO WHAT'LL
HAPPEN IS WHEN THEY GO INTO THE ASSIGNED RISK, THEY'RE GOING TO LOOK AT
THOSE PREMIUMS. MANY OF THEM MIGHT NOT BE ABLE TO AFFORD THE
PREMIUMS ON THAT -- ON THEIR CAR INSURANCE. SO WHAT COULD HAPPEN, AND
WHICH IN MY EXPERIENCE HAPPENS ALL THE TIME -- NOT ALL THE TIME, 60, 70
PERCENT OF THE TIME -- WHEN SOMEONE GETS A POLICY IN THE ASSIGNED RISK
POOL, THEY TAKE THAT POLICY, THEY APPLY FOR IT, THEY GET THEIR INSURANCE
CARDS. THEY NOW GO IN AND THEY REGISTER THEIR VEHICLE, THEY DRIVE THE
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VEHICLE, AND WHEN THE SECOND PREMIUM COMES DUE, THEY LET IT LAPSE
BECAUSE THEY JUST CAN'T AFFORD IT. SO, SOMETIMES, AND A LOT OF TIMES, IT'S
BECAUSE EITHER THEY'RE -- THEY'RE YOUTHFUL OPERATORS OR THEY'RE JUST
INEXPERIENCED OPERATORS. SO, I DON'T KNOW WHAT THE PREMIUMS IN THE
ASSIGNED RISK IS IN NEW YORK CITY OR LONG ISLAND. I DO KNOW WHAT
THEY WOULD BE FACING UP HERE, AND I -- I THINK THAT -- I THINK THAT THAT'S A
CONCERN. SO, WILL IT EVENTUALLY -- ONCE THEY EVENTUALLY GET THREE YEARS
DRIVING EXPERIENCE AND THEY CAN PROVE THAT, THAT'S A DIFFERENT -- THAT'S A
DIFFERENT STORY. BUT I'M CONCERNED THAT WHAT'S GOING TO HAPPEN IS THAT
MANY MORE DRIVERS ARE GOING -- AND BY THE WAY, I THINK IT'S ONE OUT OF
SEVEN DRIVERS IN THE STATE OF NEW YORK RIGHT NOW DRIVE WITHOUT --
WITHOUT INSURANCE. SO IS THAT GOING TO INCREASE? I DON'T KNOW. BUT
WHEN YOU PUT SO MANY DRIVERS IN THAT -- IN -- IN THAT POOL, YOU'RE REALLY
LOOKING AT MAYBE NOT REALLY HELPING THE MATTER ABOUT SAFETY, ABOUT
NUMBERS THAT ARE DRIVING WITH INSURANCE OR WITHOUT INSURANCE. IT'S JUST
REALITY THAT WHEN THEY -- WHEN THEY SEE THAT INSURANCE BILL, THAT MANY OF
THEM MIGHT NOT BE ABLE TO AFFORD IT. SO THE -- THE PROBLEM THAT ALL MY
COLLEAGUES HAVE BEEN SPEAKING ABOUT IS ONE THING. BUT I LOOK AT IT A
LITTLE BIT DIFFERENTLY BECAUSE I'M IN THAT BUSINESS. I'VE BEEN IN THAT
BUSINESS FOR YEARS, AND I THINK THAT FOR THOSE THAT HAVE NEVER TRIED TO
GET INSURANCE AS -- AS INEXPERIENCED OPERATORS ARE GOING TO BE SHOCKED
WHEN THEY SEE THE TYPE OF PREMIUMS THAT THEY'RE GOING TO PAY. SO,
DOES IT HELP THE ECONOMY LIKE MY COLLEAGUE SAID? DOES IT HELP THE
AUTOMOBILE -- AUTOMOBILE INSURE -- AUTOMOBILE BUSINESS? DOES IT HELP
DRIVER SAFETY? MAYBE NOT, IF, IN FACT, THERE'S NOT A WAY THAT THEY CAN
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AFFORD THE POLICIES AND THEY BASICALLY ARE DRIVING UNINSURED -- THEY'RE
UNINSURED. NOW MAYBE, BUT MAYBE THEY'RE STILL GOING TO BE UNINSURED
BECAUSE OF THE WAY THE ASSIGNED RISK IS AND THE PREMIUMS ARE. AND I'M
CONCERNED THAT THAT'S GOING TO HAPPEN. AND IT'S NOT GOING TO BE AN
ECONOMIC BENEFIT TO THE CAR INSURANCE BUSINESS.
SO, MR. SPEAKER, I JUST THINK THAT WHEN WE -- WE
WHEN -- WHEN WE APPROVE A BILL OR VOTE A BILL, PUT A BILL IN -- IN PLACE,
WE'RE CAUSING SOME OTHER PROBLEMS THAT WE'RE NOT THINKING ABOUT DOWN
THE ROAD. AND IT'S A CONCERN OF MINE, AND I THINK FOR THOSE PEOPLE WHO
ARE GOING TO GO LIGHT, PLEASE GO FIND OUT WHAT YOUR INSURANCE COVERAGE
IS GOING TO COST YOU BEFORE YOU BUY THE AUTOMOBILE. BECAUSE THERE ARE
CERTAIN AUTOMOBILES THAT -- THAT ARE HIGHER-RATED AND WILL COST YOU
MORE. AND I'M JUST SAYING TO YOU, IF THE BILL PASSES AND IT GOES IN -- IN
EFFECT, GO ASK THE INSURANCE COMPANY WHAT -- IF YOU HAVE X CAR, GO ASK
THEM AND SAY, GIVE ME A QUOTE ON MY INSURANCE BEFORE I BUY THIS CAR.
BECAUSE YOU DON'T WANT TO BUY A CAR AND THEN REALIZE THE -- THE COST OF
THAT INSURANCE IS GOING TO CHOKE YOU.
SO I JUST WANTED TO BRING THAT OUT. THANK YOU, MR.
SPEAKER. THANK YOU, SPONSOR OF THE BILL.
ACTING SPEAKER AUBRY: THANK YOU.
MR. BYRNES.
MS. BYRNES, I'M SORRY.
MS. BYRNES: THANK YOU. I THOUGHT I WAS A LITTLE
FARTHER DOWN THE LINE THAN THAT, BUT...
ACTING SPEAKER AUBRY: WELL, WE CAN COME
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BACK.
MS. BYRNES: NO, NO, NO. THANK YOU.
WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. BYRNES: THE GOOD NEWS IS A LOT OF MY
QUESTIONS HAVE BEEN ASKED. BUT I -- THE BAD NEWS IS I STILL HAVE A
COUPLE MORE.
MR. CRESPO: SURE.
MS. BYRNES: I WANT TO GO BACK TO THE ISSUE OF
RECIPROCITY.
MR. CRESPO: OKAY.
MS. BYRNES: IF SOMEBODY HAS ONE OF THESE NEW
LICENSES ISSUED BY NEW YORK STATE, IS IT STILL ILLEGAL FOR THEM TO DRIVE IN
ANOTHER STATE? PENNSYLVANIA OR ANOTHER STATE BECAUSE IT'S NOT GOOD FOR
FEDERAL PURPOSES?
MR. CRESPO: NO. IT'S... STANDARD LICENSES IN
RECIPROCITY -- WHERE RECIPROCITY EXISTS -- MY OPINION SHOULD BE HONORED
NONETHELESS. THERE MAY BE OTHER RISKS IN TERMS OF THE INTENTIONS OR THE
APPROACHES TO LOCAL LAW ENFORCEMENT, AND WITH THEIR COOPERATION WITH
FEDERAL AGENTS. BUT IF YOU'RE REFERRING TO WHETHER SOMEBODY WHO IS
UNDOCUMENTED WOULD HAVE THIS LICENSE AND IS NOW DRIVING PAST --
THROUGH A STATE WHERE THERE IS RECIPROCITY BUT THEN -- YOU KNOW, I --
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THERE MAY BE AN IMPACT, BUT IT'S NOT RELATED TO THE RECIPROCITY ITSELF.
THAT WOULD REMAIN FOR STANDARD LICENSES.
MS. BYRNES: ACCORDING TO THIS BILL, YOU'RE STILL
CONSIDERING THAT -- THAT LICENSES ISSUED IN NEW YORK STATE WOULD BE
VALID IN ANY OTHER STATE IN THE UNION.
MR. CRESPO: MY UNDERSTANDING, IT WOULD REMAIN
THE WAY IT IS NOW. MY STANDARD LICENSE ALLOWS ME TO DRIVE IN FLORIDA
AND OTHER PLACES, AND THAT WOULD REMAIN THE CASE.
MS. BYRNES: EVEN THOUGH THOSE STATES DO NOT
ALLOW FOR THOSE TYPES OF LICENSES?
MR. CRESPO: BUT THOSE STATES ALLOW -- THEY MAY
NOT ALLOW IT FOR THE ISSUANCE OF THEIR LICENSE, BUT THEY ALLOW RECIPROCITY
FOR NEW YORK STATE-ISSUED LICENSES, AND SO LONG AS IT'S A VALID LICENSE
ISSUED BY THE STATE OF NEW YORK, I BELIEVE THAT WOULD ALLOW THAT
INDIVIDUAL TO DRIVE IN THAT AREA.
MS. BYRNES: SO, BASICALLY, BY VOTING ON THIS BILL
TODAY WE ACTUALLY ARE CHANGING THE ENTIRE LAW OF THE UNITED STATES OF
AMERICA.
MR. CRESPO: NOT AT ALL. NOT AT ALL.
MS. BYRNES: YOU GET A DRIVER -- OR YOU GET A
LICENSE AND YOU FAIL TO PAY CHILD SUPPORT. YOUR LICENSE WILL, OF
WHATEVER VERSION, WILL STILL BE SUSPENDED OR REVOKED?
MR. CRESPO: YES.
MS. BYRNES: OR IF YOU HAVE A LICENSE FOR A CERTAIN
PROFESSION AND IT'S SUSPENDED OR REVOKED, THAT WILL REVOKE YOUR DRIVER'S
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LICENSE ON THIS NEW LICENSE THE SAME AS IT WOULD A REGULAR LICENSE?
MR. CRESPO: THOSE LICENSES ARE NOT CONNECTED.
MS. BYRNES: BUT, FOR AN EXAMPLE, LET'S GO WITH THE
CHILD SUPPORT.
MR. CRESPO: OKAY.
MS. BYRNES: IF -- IF YOU FAIL TO PAY CHILD SUPPORT,
AND I FAIL TO PAY CHILD SUPPORT, MY DRIVER'S LICENSE CAN BE SUSPENDED.
MR. CRESPO: THAT REMAINS CONSISTENT.
MS. BYRNES: AND I COULD BE ARRESTED AND BROUGHT
INTO COURT.
MR. CRESPO: THAT -- THAT REMAIN -- THAT REMAINS
CONSISTENT. WE'RE NOT ADDRESSING OR CHANGING THOSE REGULATIONS.
MS. BYRNES: OKAY. AND THAT'S THE CASE EVEN
THOUGH THAT WOULD BE A CIVIL ARREST, NOT A CRIMINAL ARREST. SO YOU CAN
STILL BE ARRESTED FOR A CIVIL MATTER AND BROUGHT BEFORE A JUDGE.
MR. CRESPO: CORRECT.
MS. BYRNES: OKAY. GOING TO THE SOCIAL SECURITY
CARDS. OBVIOUSLY, WE'RE NOT REQUIRING THAT ANYMORE, CORRECT? YOU NO
LONGER HAVE TO SHOW A SOCIAL SECURITY CARD OR HAVE A SOCIAL SECURITY
NUMBER TO GET A DRIVER'S LICENSE, CORRECT?
MR. CRESPO: WELL, YOU COULD STILL CHOOSE THAT
OPTION AND SUPPLY IT IF YOU HAVE ONE. IT'S JUST CREATING A PROCESS FOR
SOMEONE WHO HAS NOT BEEN ISSUED A SOCIAL SECURITY TO PROVIDE CERTAIN
FOREIGN DOCUMENTS AS ALTERNATIVE PROOF. AS WELL AS THE AFFIDAVIT -- OR
THE STATEMENT THAT THEY HAVE NOT BEEN ISSUED A SOCIAL SECURITY NUMBER.
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MS. BYRNES: WHAT TYPE OF VALID EXPLANATIONS
WOULD BE ALLOWED FOR FAILURE TO HAVE A SOCIAL SECURITY NUMBER?
MR. CRESPO: DMV WOULD NOT ASK THAT QUESTION.
SIMPLY, THEY WOULD ASK IF YOU ARE CHOOSING TO PROVIDE AN ALTERNATIVE
FOREIGN DOCUMENT, YOU WOULD FIRST ATTEST THAT YOU HAVE NOT BEEN ISSUED
A SOCIAL SECURITY NUMBER AND THEN MEET WHATEVER OTHER CRITERIAS WOULD
BE SET UNDER THIS BILL OR WHATEVER DMV WOULD OTHERWISE REGULATE WITH
REGARDS TO PROOF OF IDENTITY.
MS. BYRNES: YOU GO IN, YOU DO THE DMV ONLINE.
ALL THERE IS IS A BOX TO HIT IF YOU WANT TO SIGN UP TO VOTE, CORRECT?
MR. CRESPO: WAIT. I'M SORRY, SAY THAT AGAIN.
MS. BYRNES: IF YOU GO IN TO GET YOUR DRIVER'S
LICENSE, THERE -- THERE -- ON THE FORM THERE IS A BOX THAT YOU CAN CHECK
TO BE ENROLLED TO VOTE, CORRECT?
MR. CRESPO: THERE IS A SECTION, A VOTER APPLICATION
SECTION INCLUDED IN THE -- PAGE THREE, I BELIEVE, OF THE DRIVER'S LICENSE
OR DRIVER'S PERMIT APPLICATION, BY FEDERAL LAW THAT IS IN PLACE, YES.
THAT REMAINS.
MS. BYRNES: OKAY. AND ALL ANYBODY HAS TO DO IS
CHECK THAT BOX, CORRECT?
MR. CRESPO: WELL, WHICH -- NO, THEY -- FIRST OF ALL,
THE APPLICATION IS MADE AVAILABLE TO YOU, THE VOTER APPLICATION WITHIN
YOUR DMV APPLICATION IS MADE AVAILABLE, BUT YOU DO NOT HAVE TO
CHOOSE THAT ROUTE IN ORDER TO REGISTER. I DON'T BELIEVE IT'S A CONDITION TO
FILL THAT. BUT MORE IMPORTANTLY, THERE IS A STATEMENT THAT CLARIFIES WHO
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IS ELIGIBLE, AND IT -- AND IT REMINDS YOU OF WHAT THE CONSEQUENCES ARE IF
YOU ARE NOT ELIGIBLE AND -- AND STILL REGISTER. AND IT ALSO, IN THE FIRST
VERY FIRST QUESTION OF THE VOTER APPLICATION PORTION ITSELF, IS A QUESTION
IS, ARE YOU A CITIZEN? YES OR NO. SO THERE ARE MORE THAN ONE STEP
WHERE YOU WOULD BE CONFRONTED WITH A REMINDER AND/OR ACKNOWLEDGE
THAT YOU HAVE TO BE A CITIZEN.
MS. BYRNES: ARE THE DMV RECORDS SET UP SUCH
THAT IF YOU DO CHECK NO AS BEING A CITIZEN, THEN THE OTHER PART, EVEN IF
YOU CHECK YES AND SIGN UP TO VOTE, IS AUTOMATICALLY NOT DONE? IS THERE
A STOPGAP MEASURE--
MR. CRESPO: DMV --
MS. BYRNES: -- TO ENSURE THAT DOESN'T HAPPEN?
MR. CRESPO: DMV PROVIDES YOU THE APPLICATION.
IF THE APPLICANT FILLS OUT THAT SECTION, THAT INFORMATION IS SHARED WITH
THE BOARD OF ELECTIONS WHO WOULD THEN VERIFY THE INFORMATION AND
ENSURE THAT IT IS APPROPRIATELY FILLED AND THAT IT QUALIFIES FOR REGISTRATION.
IF -- IF YOU DON'T -- IF YOU CHECK NO, THEY WOULD ISSUE YOU THE -- THERE
WOULD BE THE BOARD OF ELECTIONS THAT WOULD ISSUE YOU A LETTER STATING
THAT THEY'VE RECEIVED YOUR APPLICATION AND THEY HAVE DETERMINED YOU'RE
INELIGIBLE TO VOTE.
MS. BYRNES: A LOT OF THIS RELIES ON THE TRUST OF THE
PERSON FILLING OUT THE DOCUMENTS, CORRECT?
MR. CRESPO: IT'S NOT TRUST, IT'S AN AFFIRMATIVE
STATEMENT BY THE APPLICANT WHETHER OR NOT THEY KNOW THAT THEY ARE
FILLING THAT OUT, THAT THEY KNOW THE CONSEQUENCE THAT THEY ARE STATING
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AFFIRMATIVELY THAT THEY ARE A CITIZEN OR NOT. SO, NO, I THINK -- JUST TO BE
CLEAR, THERE ARE MANY WAYS IN WHICH AN INDIVIDUAL TODAY CAN HAVE
ACCESS TO A VOTER APPLICATION. AND WE'RE ACTUALLY LOOKING TO EXPAND
THE ACCESSIBILITY OF THOSE APPLICATIONS.
MS. BYRNES: RIGHT.
MR. CRESPO: FEDERAL LAW REQUIRES THAT A VOTER
APPLICATION BE INCLUDED IN YOUR DMV APPLICATION. WE DON'T CHANGE
THAT. WE HAVE TO MEET FEDERAL LAW. BUT THIS IDEA THAT THIS BILL WILL
SOMEHOW ENCOURAGE OR FACILITATE A -- NONCITIZENS FROM REGISTERING TO
VOTE IS BASED ON AN ASSUMPTION THAT THEY WOULD SEEK TO DO THAT -- ARE
INTERESTED IN DOING THAT OR WOULD WANT TO RISK -- AS I MENTIONED EARLIER
IN A SCENARIO -- THE POSSIBILITY OF NEVER SEEING THEIR CHILDREN AGAIN
BECAUSE THEY ARE THEN DEPORTED FOR COMMITTING A SEPARATE CRIME FOR
REGISTERING OR FOR VOTING WHEN THEY ARE INELIGIBLE. AND THE ANSWER IS
THAT IS NOT THE PLACE --
MS. BYRNES: NO, BUT THAT'S --
MR. CRESPO: -- THAT WOULD NOT PLAY OUT.
MS. BYRNES: -- WE'VE ALREADY THIS AFTERNOON HEARD
NUMEROUS EXAMPLES WHERE THAT, IN FACT, HAS OCCURRED. AND THOSE --
MR. CRESPO: IT'S --
MS. BYRNES: -- WERE THE PEOPLE WHO CALLED UP ONE
BOARD OF ELECTIONS AND ADMITTED THEY HAD DONE IT.
MR. CRESPO: SO -- SO, IF YOU --
MS. BYRNES: SO HOW MANY ARE OUT THERE THAT --
MR. CRESPO: BUT THAT'S A DIFFERENT --
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MS. BYRNES: -- HAVEN'T ADMITTED IT?
MR. CRESPO: ALL RIGHT, BUT THAT'S A DIFFERENT ISSUE.
I THINK THERE ARE -- YES, THERE ARE INSTANCES WHERE, BY MISTAKE, IN SOME
RARE INSTANCES, MAYBE SOMEBODY ON PURPOSE. AND YES, THERE ARE --
PEOPLE VIOLATE THE LAW. AMERICAN CITIZENS VIOLATE THE LAW ON A REGULAR
BASIS --
MS. BYRNES: NO QUESTION.
MR. CRESPO: -- AND WE HAVE RULES AND REGULATIONS
TO DEAL WITH THAT. BUT LOOK, THIS NOTION AGAIN THAT THIS IS MAKING THAT
ANY EASIER IS NOT THE CASE. THOSE INSTANCES OCCUR UNDER CURRENT
PRACTICE. BECAUSE THERE ARE NONCITIZENS WHO ARE ISSUED DRIVER'S
LICENSES --
MS. BYRNES: AND YOU WILL --
MR. CRESPO: -- WHO HAVE ACCESS -- LET ME JUST
COMPLETE THE ANSWER -- WHO HAVE ACCESS TO DRIVER'S LICENSES, AND
WOULD CONFRONT THAT APPLICATION, THAT PORTION OF THE APPLICATION. AND
IN THOSE INSTANCES WHERE THEY MADE THE MISTAKE --
MS. BYRNES: AND WITH THE DEEPEST RESPECT, SIR --
MR. CRESPO -- THEY WOULD TRY TO CORRECT IT --
MS. BYRNES: -- YOU ONLY WANT TO MAKE IT EASIER FOR
THAT TO HAPPEN, NOT HARDER.
MR. CRESPO: NO, I DON'T. NOT AT ALL. I SIMPLY WANT
--
MS. BYRNES: THANK YOU, SIR. I'M DONE.
MR. CRESPO: -- MORE INDIVIDUALS IN THIS STATE TO
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HAVE ACCESS TO THE PRIVILEGE TO DRIVE, WHICH ENHANCES PUBLIC SAFETY,
ECONOMIC BENEFITS AND EVERYTHING ELSE WE'VE DISCUSSED. THE INTENTION
IS NOT AT ALL RELATED TO VOTER REGISTRATION OR VOTER LAWS. AS A MATTER OF
FACT, IF IT WAS COMPLETELY UP TO ME, I WOULD LIKE TO STREAMLINE AND
LEAVE DMV SOLELY WITH THE RESPONSIBILITY TO DEAL WITH REGULATING
DRIVERS IN THE STATE. BUT WE PROVIDE FOR THEM AND MEET FEDERAL LAW,
AND WE WANT TO CREATE ACCESS FOR APPLICANTS TO REGISTER TO VOTE. KEEP
IN MIND THAT THE STANDARD LICENSE APPLICATION IS ALSO OPEN TO YOU OR I AS
CITIZENS IF WE CHOOSE TO KEEP A STANDARD LICENSE. SO, IT IS IMPORTANT
THAT THAT FORM BE THERE. THERE ARE MULTIPLE WAYS IN WHICH SOMEBODY
WOULD BE ROOTED OUT WHO'S NOT ELIGIBLE TO VOTE AND -- AND WE WOULD
KEEP THAT IN PLACE AND THOSE PROTECTIONS REMAIN.
ACTING SPEAKER AUBRY: THE MEMBER YIELDED,
AND SO IT'S MS. WALSH.
MS. WALSH: THANK YOU. WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: CERTAINLY.
ACTING SPEAKER AUBRY: MR. CRESPO YIELDS.
MS. WALSH: I DO JUST WANT TO MAKE SURE THAT I'M
UNDERSTANDING EXACTLY HOW THIS WORKS. AS A RESULT OF SOME OF THE
EARLIER DEBATE, I DID PULL UP THE DRIVER'S LICENSE APPLICATION AND I
REVIEWED IT. AND I DO SEE WHAT YOU MENTIONED EARLIER ABOUT THE BOX
THAT NEEDS TO BE CHECKED FIRST SAYING ARE YOU -- ARE YOU A CITIZEN. I
CAN'T REMEMBER EXACTLY HOW THAT'S -- I THINK IT IS ON PAGE 3 OF THE
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APPLICATION.
MR. CRESPO: YUP.
MS. WALSH: BUT THROUGH WHATEVER MISTAKE,
PERHAPS LANGUAGE BARRIER, INADVERTENCE, YOU KNOW, OR -- OR
PURPOSEFULNESS, YOU KNOW, THAT BOX COULD GET CHECKED BY SOMEBODY
WHO'S NOT, IN FACT, A CITIZEN AND WHO WOULD NOT BE ELIGIBLE TO VOTE. BUT
IT COULD HAPPEN, AND WE'VE HEARD SOME -- SOME DEBATE TODAY TALKING
ABOUT THAT. AT THAT POINT, THAT APPLICATION IS THEN REFERRED DIRECTLY TO
THE BOARDS OF ELECTIONS. IS THAT CORRECT?
MR. CRESPO: YES.
MS. WALSH: ALL RIGHT. AND THEN THE BOARD OF
ELECTIONS REVIEWS THE APPLICATION ON ITS FACE. AND IS THERE ANY WAY FOR
THE BOARD OF ELECTIONS OFFICIALS TO LOOK AT THE FOUR CORNERS OF THAT
DOCUMENT AND DETERMINE WHETHER OR NOT THAT PERSON IS ACTUALLY ELIGIBLE
TO VOTE?
MR. CRESPO: THE BOARD OF ELECTIONS WILL
IMPLEMENT THE SAME PROCESS AND CRITERIA THEY CURRENTLY UTILIZE FOR
APPLICATIONS THEY RECEIVE TODAY. THIS -- THE FACT THAT THE DRIVER'S
LICENSE OR DMV'S APPLICATION WILL NOW BE ACCESSIBLE TO INDIVIDUALS
WHO ARE NONCITIZENS OR WHO HAVE NOT BEEN ISSUED A SOCIAL SECURITY
NUMBER DOES NOT CHANGE THAT. THOSE SAME INDIVIDUALS WHO PARTICIPATE
IN EVERYDAY LIFE IN THE STATE OF NEW YORK, WHO ARE WORKING IN THE
STATE OF NEW YORK, WHO HAVE CHILDREN WHO GO TO SCHOOL IN THE STATE
OF NEW YORK COME ACROSS ACCESSIBLE VOTER APPLICATIONS. THEY CHOOSE
NOT TO FILL THOSE OUT, THEY KNOW THE CONSEQUENCES OF DOING SO. SO I
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THINK IN A TECHNICAL SENSE, IF -- IF THE QUESTION IS WILL THAT POSSIBILITY
EXIST? WELL, MY ANSWER IS IT EXISTS TODAY. I DON'T BELIEVE THAT IT'S
NECESSARILY GOING TO MAKE IT EASIER AT ALL. THE ASSUMPTION THAT I ASSURE
YOU YOU CAN TAKE TO THE BANK WITH YOU IS THAT UNDOCUMENTED
IMMIGRANTS ARE EXTREMELY CAREFUL NOT TO MAKE THOSE MISTAKES, NOT TO
APPLY FOR THINGS THEY'RE NOT QUALIFIED. AS A MATTER OF FACT, THEY TEND
NOT TO APPLY FOR THINGS THEY ARE QUALIFIED FOR UNDER FEAR OF
CONSEQUENCES THAT THE INFORMATION THEY SHARED. SO THE CONSEQUENCES
THEY FACE ARE SOMETHING EXTREMELY FOREIGN TO YOU OR I AS CITIZENS.
THEY UNDERSTAND THOSE CONSEQUENCES, THEY DON'T PLAY GAMES WITH THOSE
CONSEQUENCES. THAT ASSUMPTION YOU CAN TAKE TO THE BANK WITH YOU.
MS. WALSH: BUT MR. CRESPO, WITH ALL DUE RESPECT,
THE QUESTION I ASKED YOU WAS, IS THERE ANY WAY FOR THE BOARD OF
ELECTIONS OFFICIALS TO LOOK STRICTLY AT THE FOUR CORNERS OF THAT DOCUMENT
AND DETERMINE WHETHER OR NOT THAT PERSON IS TRULY ELIGIBLE TO VOTE?
AND THEN YOU GAVE ME A DIFFERENT -- YOU KNOW, IF I WERE IN COURT I
WOULD SAY IT WAS NONRESPONSIVE. BUT I DO APPRECIATE YOUR ANSWER.
MR. CRESPO: WELL, LET ME -- LET ME TRY TO BE MORE
SPECIFIC. AGAIN, THE ANSWER -- I -- I BELIEVE THE ANSWER IS YES, THEY CAN.
THEY DO SO NOW. WE -- OUR VOTER APPLICATIONS ARE OPEN. ANYBODY CAN
SIGN THE QUESTIONS, SUBMIT THE -- THE NUMBER, THE DRIVER ID NUMBER,
YOUR SOCIAL SECURITY NUMBER. YOU ANSWER ALL OF THE QUESTIONS. DMV
-- THE BOARD OF ELECTIONS HAS METHODS TO VERIFY OR MATCH THAT DATA. BUT
IT IS ALSO -- IF I'M NOT MISTAKEN, THESE -- THESE ARE AFFIDAVITS WHERE YOU
SWEAR AND AFFIRM THAT THIS INFORMATION IS CORRECT, IT'S ACCURATE. AND --
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AND THERE ARE A NUMBER OF INSTANCES WHERE THERE ARE INDIVIDUALS WHO
REGISTER USING ERRONEOUS INFORMATION OR LIE ABOUT THE ADDRESS THAT THEY
RESIDE IN. OR THERE ARE A NUMBER OF THINGS THAT -- THAT MAY -- A PERSON
MAY AFFIRM THAT NOT TO -- THAT IS ULTIMATELY FOUND OUT TO BE TRUE. AND
THE BOARD OF ELECTIONS HAS THE CHALLENGE TO CONSISTENTLY REVIEW THAT
INFORMATION, UPDATE THAT INFORMATION AND MAINTAIN ACCURATE VOTER
RECORDS. NONE OF THAT CHANGES WITH REGARDS TO THIS. IF SOMEBODY FILLS
OUT AN APPLICATION TO VOTE AS PART OF THEIR DMV APPLICATION, THE BOARD
OF ELECTIONS WOULD HAVE THE SAME, AND IMPLEMENT THE SAME PROCESS
THAT THEY CURRENTLY DO TO ROOT OUT OR -- OR CONFIRM THE INFORMATION THAT'S
PROVIDED TO THE EXTENT THAT THEY CAN. A LARGE PORTION OF THIS IS ALWAYS
AN AFFIRMATION OR AN AFFIDAVIT BY THE INDIVIDUAL WHO SIGNS THAT FORM.
AND THEY WOULD FACE THE CONSEQUENCES IF THEY ARE SWEARING TO
SOMETHING NOT TO BE TRUE.
MS. WALSH: IN -- IN ACTUAL FACT, THE WAY IT REALLY
WORKS IS THAT AN INDIVIDUAL HAS TO EITHER PROVIDE THE LAST FOUR OF THEIR
SOCIAL SECURITY NUMBER, OR THEY HAVE TO PROVIDE A DRIVER'S LICENSE
NUMBER. EITHER/OR. THEY DON'T NEED TO PROVIDE BOTH, THEY NEED TO JUST
PROVIDE ONE.
MR. CRESPO: CORRECT.
MS. WALSH: SO, THEREFORE, IF THE -- THE FORM IS
BEING REFERRED OVER TO THE BOARD OF ELECTIONS WITH A DRIVER'S LICENSE
NUMBER ON IT, THE INQUIRY ENDS THERE. THERE IS NO OTHER MECHANISM AT
THE BOARD OF ELECTIONS, IN FACT, TO DETERMINE -- THEY GO BY THE NUMBER
THAT'S ON THE DRIVER'S -- THE DRIVER'S LICENSE NUMBER THAT'S PROVIDED.
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AND TO FOLLOW UP ON A COMMENT THAT YOU MADE EARLIER
IN DEBATE WITH ANOTHER ASSEMBLYMEMBER, YOU HAD SAID THAT THERE WAS
-- THERE WAS NO WAY THAT THIS -- THAT THIS WAS -- THIS WAS UNAVOIDABLE.
THERE WAS NO WAY OF CORRECTING THIS. BUT, IN FACT, WHAT DO YOU THINK
ABOUT THE CONCEPT OF MAKING THE DRIVER'S LICENSE NUMBER ISSUED TO AN
INDIVIDUAL UNDER THIS BILL TO BE CODED OR IN SOME WAY DIFFERENT FROM
THAT ISSUED TO PEOPLE WHO ARE NOT HERE IN AN UNDOCUMENTED WAY?
WOULDN'T --
MR. CRESPO: SO --
MS. WALSH: WOULDN'T THAT BE A WISE AMENDMENT
THAT WOULD ALLOW BOARD OF ELECTIONS TO INTELLIGENTLY DECIDE WHO WAS
QUALIFIED TO VOTE BASED ON THE FOUR CORNERS OF THE APPLICATION?
MR. CRESPO: SO AGAIN, LET'S STAY WITHIN THE FOUR
CORNERS OF THE APPLICATION. THE -- THERE ARE CURRENTLY INDIVIDUALS
ISSUED DRIVER'S LICENSES AND DRIVER ID NUMBERS THAT ARE NONCITIZENS. SO
ALREADY, THAT POTENTIAL, THAT -- THAT POSSIBILITY COULD EXIST. IN REGARDS TO
-- BEFORE YOU EVEN GET TO THE QUESTION OF WHETHER YOU'RE GOING TO
PROVIDE YOUR SOCIAL OR YOUR FOUR DIGITS OF YOUR DRIVER ID OR THE FULL
DRIVER ID NUMBER, YOU FIRST HAVE TO ANSWER THE VERY FIRST QUESTION ON
THE FORM, ARE YOU A CITIZEN OF THE UNITED STATES?
MS. WALSH: UNDERSTOOD. YES.
MR. CRESPO: THAT IS A VERY CLEAR QUESTION, THAT IS A
VERY DIRECT QUESTION. ANY INDIVIDUAL WHO ANSWERS YES KNOWING THAT
THEY ARE NOT AND THEN SIGNS AT THE BOTTOM, IRREGARDLESS OF WHAT NUMBER
THEY GAVE, IF THE BOARD OF ELECTIONS VERIFIES YES, THAT NUMBER BELONGS
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TO THAT INDIVIDUAL BUT THEY HAVE ANSWERED IN THE FIRST PART THEY ARE NOT A
CITIZEN, THEN THAT APPLICATION WOULD NOT BE VALIDATED. THAT PERSON
WOULD NOT BE ENROLLED.
MS. WALSH: CORRECT.
MR. CRESPO: SO THERE ARE IN THE FOUR CORNERS WAYS
FOR DM -- FOR THE BOARD OF ELECTIONS TO VERIFY BASED ON THE
INFORMATION PROVIDED.
MS. WALSH: CORRECT. BUT AS I THINK YOU KNOW, MY
QUESTION IS REALLY DIRECTED TO THE INDIVIDUAL WHO EITHER INNOCENTLY OR
NOT CHECKS THE BOX THAT THEY ARE A CITIZEN, FULL -- PUTS IN THEIR -- THEIR
NEW DRIVER'S LICENSE NUMBER, THAT APPLICATION GOES TO THE BOARD OF
ELECTIONS, AND THAT BOARD OF ELECTIONS OFFICIAL IS UNABLE, BASED ON THE
FOUR CORNERS OF THAT DOCUMENT, TO DETERMINE WHETHER OR NOT THAT PERSON
IS TRULY ELIGIBLE TO VOTE. THAT PERSON IS A PLACED ON THE VOTER ROLLS.
AND ASSEMBLYMEMBER SMITH MENTIONED EARLIER WITH SOME EXAMPLES
OUT OF SUFFOLK COUNTY, THERE ARE PEOPLE WHO GOT PUT ON THE ROLLS AND
WHO, IN FACT, WENT IN AND VOTED. AND TO YOUR POINT THAT YOU MADE
EARLIER ABOUT THAT THIS DOESN'T -- THIS BILL DOESN'T REALLY CHANGE THAT, THIS
IS -- IT ISN'T GOING TO INCREASE IT OR MAKE IT ANY EASIER, I WOULD DISPUTE
THAT, SIR. BECAUSE I WOULD SAY THAT THIS BILL IS GOING TO LEAD TO A LOT OF
PEOPLE WHO PREVIOUSLY WOULD NOT HAVE WALKED INTO A DMV OFFICE WHO
WILL NOW WALK INTO A DMV OFFICE AND BE CONFRONTED WITH THIS FORM
AND THE BOXES TO CHECK AND THE THINGS TO FILL OUT. AND SO, THE VOLUME
OF INDIVIDUALS AND, THEREFORE, THE -- THE GREATER LIKELIHOOD OF MISTAKES,
INNOCENT OR NOT, TO END UP ON THE VOTER ROLLS WILL INCREASE.
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SO -- BUT AT THAT POINT IF I COULD JUST -- I'M GOING TO
JUMP TO ANOTHER TOPIC, ALTHOUGH IF YOU WANTED TO RESPOND TO THAT I --
MR. CRESPO: JUST -- JUST VERY BRIEFLY.
MS. WALSH: WELCOME THAT.
MR. CRESPO: I -- I -- I UNDERSTAND, AND I DON'T
DISPUTE THAT THOSE POSSIBILITIES IF EXPANDING THE ACCESS TO THIS
APPLICATION BY INDIVIDUALS WHO ARE OTHERWISE NOT ELIGIBLE TO VOTE WILL
-- WILL MORE OF THOSE INDIVIDUALS HAVE ACCESS TO VOTER APPLICATION VERY
DIRECTLY AS PART OF THIS PROCESS? YES, THEY WILL. ARE -- IS IT MORE LIKELY
THAT THEY WILL MAKE THAT MISTAKE? I DON'T BELIEVE THAT TO BE TRUE,
BECAUSE THEY ARE EXTREMELY CAUTIOUS AROUND THE ANSWERS THEY PROVIDE
AND WHAT THEY SUBJECT THEMSELVES TO. BECAUSE THEY HAVE -- THEY FACE
PENALTIES THAT YOU OR I DO NOT, AND THOSE PENALTIES ARE SEVERE AND -- AND
LENGTHY. SO, AGAIN, IT'S IMPORTANT TO NOTE WHEN I SAY THAT IT IS NOT GOING
TO LEAD TO MORE OF IT, NOT ONLY IS IT NOT A -- A VERY COMMON ISSUE, THERE
ARE THOSE INSTANCES, THERE ARE GOING TO BE MISTAKES MADE, WITH THIS BILL
OR NOT. BUT THEY DO NOT OUTWEIGH THE MANY BENEFITS THAT I BELIEVE THIS
BILL PROVIDES, AND I THINK IT'S A MATTER FOR THE BOARD OF ELECTIONS TO
CONTINUE TO ALWAYS UPGRADE THEIR POLICIES AND PROCEDURES TO ENSURE THAT
THE RENT -- THE VOTER ROLLS ARE ACCURATE AND UP-TO-DATE.
MS. WALSH: AND -- AND JUST AS A FINAL COMMENT
BEFORE I MOVE ON TO THE NEXT TOPIC. I DID REACH OUT TO ONE OF MY BOARD
OF ELECTIONS OFFICIALS FOLLOWING ASSEMBLYMEMBER SMITH'S COMMENTS
IN -- IN DEBATE WITH YOU, AND ASKED HIM WHETHER THERE WERE ANY
EXAMPLES THAT HE COULD RECALL AND HE SAID THAT, YES, THERE -- THERE WERE.
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THEY WERE NOT -- BECAUSE WHERE I -- WHERE I REPRESENT WE HAVE A -- WE
HAVE A RACETRACK. WE HAVE A LOT OF SEASONAL EMPLOYEES COMING IN
FROM REALLY ALL OVER THE WORLD, SO YOU CAN IMAGINE THAT OUR -- OUR
DMV DOES HAVE INSTANCES WHERE WE MIGHT RUN INTO THIS. HE DID RECALL
ONE INSTANCE WHERE AN IMMIGRATION ATTORNEY CONTACTED HIM AND SAID,
COULD WE PLEASE GET MY CLIENT OFF THE VOTER ROLLS BECAUSE HE -- I'M IN
THE PROCESS OF TRYING TO HAVE HIM APPLY AND COMPLETE HIS CITIZENSHIP
AND HE NEEDS TO COME OFF THE VOTER ROLLS. SO, I KNOW THAT SOME
EXAMPLES WERE GIVEN OUT OF SUFFOLK COUNTY, I'M RAISING MY HAND AND
SAYING ALSO OUT OF SARATOGA COUNTY WE DO HAVE SOME -- SOME
ANECDOTAL EVIDENCE, ANYWAY. AND IN TERMS OF HARD NUMBERS
THROUGHOUT THE STATE, I COULDN'T SAY.
BUT THE NEXT THING I'D LIKE TO KIND OF TALK ABOUT A LITTLE
BIT IS YOU -- WE HAD SOME DISCUSSION EARLIER IN DEBATE ABOUT HOW THE
MEMBERS OF DMV WERE SUPPOSED TO BE ANALYZING SOME OF THESE
FOREIGN DOCUMENTS. AND SO I REACHED OUT TO MY COUNTY CLERK. AND
ONE OF -- ONE OF THE BIG CONCERNS THAT THEY HAVE IS THAT UNDER THIS BILL, IT
REALLY WOULD FORCE DMV EMPLOYEES AND COUNTY CLERKS TO BE, IN
ESSENCE, IMMIGRATION AUTHORITIES. NOW, WHAT THEY'RE SAYING
SPECIFICALLY IS THAT FOREIGN DOCUMENTS THAT COME IN CURRENTLY INTO THE --
INTO THE DMV ARE ACCOMPANIED BY PAPERWORK FROM THE FEDERAL
GOVERNMENT VERIFYING THE -- VERIFYING THE DOCUMENTS. SO, IN FACT,
UNDER OUR CURRENT SETUP, THE -- THE CLERK'S -- I'M SORRY, I'M JUST BRINGING
THIS UP -- THE CLERK'S OFFICE DOES NOT VET THESE DOCUMENTS THEMSELVES.
AND (REVIEWING) JUST GETTING TO THIS FOR A SECOND, I'M SORRY. IT SAYS
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THEY -- THEY DON'T HAVE TRAINING IN FOREIGN DOCUMENTS. THEY SEND SCANS
TO THE STATE, AND THE CLERKS ONLY LOOK AT THE FEDERAL STAMP OR
INFORMATION. IT IS THE FEDERAL GOVERNMENT THAT VETS THE PERSON, NOT
DMV CLERKS. AND WHEN I ASKED WHAT -- WHAT TRAINING OR -- OR
MECHANISMS THEY WOULD NEED TO PUT IN PLACE AT THE DMV LEVEL, I GOT A
VERY, VERY LONG RESPONSE. BUT IT WOULD -- BASICALLY SAID THAT IT WOULD
BE AN ENORMOUS TASK. WE SEE FOREIGN DOCUMENTS, BUT THEY HAVE TO BE
ACCOMPANIED BY PAPERWORK FROM THE FEDERAL AGENCIES THAT THE
APPLICANT BRINGS IN WITH THEM. SO, I DO BELIEVE THAT IT WOULD PROBABLY
BE A -- A PRETTY HEAVY LIFT ON THE PART OF OUR LOCAL COUNTY CLERKS TO BE
ABLE TO TRY TO VET AND UNDERSTAND THE DOCUMENTATION THAT WAS BEING
PRESENTED BY THE INDIVIDUALS THAT WOULD BE RESPONDING TO THIS
LEGISLATION IF IT PASSES.
MR. CRESPO: SO, WE'VE HEARD THOSE CONCERNS AND
--
MS. WALSH: YEAH.
MR. CRESPO: BUT AGAIN, THERE IS TRAINING, THERE IS
PROCEDURES WHERE THEY ARE ACCEPTING DOCUMENTS. THEY ALREADY HAVE A
PROCESS TO VERIFY THOSE DOCUMENTS. THERE ARE CLEAR MARKERS TO
DETERMINE -- AND THEY'RE DIFFERENT COUNTRY TO COUNTRY, AND THERE ARE
METHODS CURRENTLY USED IN A NUMBER OF INDUSTRIES, INCLUDING IN DMV
CURRENTLY, AND IS PART OF THE TRAINING IF YOUR LOCAL -- DOES YOUR LOCAL
CLERK PROVIDE APPLICATIONS FOR REAL ID OR ENHANCED DRIVER'S LICENSE?
MS. WALSH: YES.
MR. CRESPO: SO, THEY -- SO THEY DO THAT. THEY WILL
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HAVE BEEN AND MUST HAVE BEEN TRAINED, IF THEY FOLLOW FEDERAL LAW, IN
THE PROCEDURES TO UTILIZE THE EXISTING TECHNOLOGIES TO VERIFY CERTAIN
FOREIGN DOCUMENTS. AND THE DOCUMENTS THAT WE ARE SUGGESTING ARE
DOCUMENTS THAT ARE ROUTINELY VERIFIED IN A NUMBER OF OTHER INDUSTRIES.
SO, THIS, AGAIN, YES, THE DEPARTMENT WOULD ISSUE THE REGULATIONS HOW TO
IMPLEMENT THIS, MAKE THOSE RESOURCES AVAILABLE WHERE NEEDED, AND
THERE IS MORE THAN ENOUGH NEW REVENUE COMING IN FROM THIS TO MEET
THOSE NEEDS IF THAT'S THE CASE. BUT THE FACT STILL REMAINS, THEY CURRENTLY
DO THAT NOW. THEY WOULD -- AND THEY CURRENTLY HAVE THE TRAINING NOW,
OR AT LEAST THEY SHOULD HAVE HAD IT IF THEY ARE PROVIDING THOSE EXISTING
APPLICATIONS. SO I -- I WOULD DISPUTE THE NOTION THAT THIS WOULD BE A --
A TREMENDOUS BURDEN OR NEW FOREIGN CONCEPT THAT --THAT THEY'VE NEVER
COME ACROSS. THAT JUST DOESN'T -- DOESN'T SEEM TO MATCH THE
INFORMATION WE HAVE FROM DMV OR WHAT WE KNOW ABOUT THE TRAINING
THEY GET FOR THE APPLICATIONS THEY CURRENTLY PROVIDE.
MS. WALSH: AND -- AND I RESPECTFULLY DISAGREE.
WE PROBABLY WON'T AGREE ON THAT. BUT I APPRECIATE YOUR ADVOCACY AND
THE AMOUNT OF TIME YOU'VE SPENT ON YOUR FEET DEBATING THIS BILL.
AND, MR. SPEAKER. ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. WALSH: SO, FOR MANY OF THE REASONS STATED
BECAUSE OF THE -- THE DEBATE THAT WE'VE HAD THIS AFTERNOON, I'M ONLY SAD
THAT WE DON'T HAVE MORE MEMBERS IN THEIR SEATS REALLY LISTENING TO IT. I
THINK IT'S BEEN VERY INTERESTING FROM THE POINT OF VIEW OF THE -- THE --
THE DIFFERENT MEMBERS THAT WE HAVE IN THIS CHAMBER AND THE DIFFERENT
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WALKS OF LIFE THAT BROUGHT THEM HERE. YOU KNOW, WE REALLY -- WHEN
YOU THINK ABOUT IT, WE HAVE A VERY -- A --A GROUP OF INDIVIDUALS HERE
WHO HAVE DIVERSE BACKGROUNDS. WE HAVE PEOPLE WHO ARE RETIRED FROM
THE MILITARY. WE HAVE PEOPLE WHO HAVE RUN OR DO RUN INSURANCE
AGENCIES. WE HAVE ATTORNEYS. WE HAVE PEOPLE WHO -- REALLY COMING
FROM DIFFERENT PERSPECTIVES, AND HAVE WHAT I BELIEVE ARE SIGNIFICANT
CONCERNS AS -- AS I HAVE WITH THIS LEGISLATION. I AM -- I AM CONCERNED
ABOUT VOTER FRAUD ISSUES. AND I -- I BELIEVE THAT -- I BELIEVE THAT THERE
ARE WAYS TO AMEND THIS BILL TO MAKE IT FAR LESS LIKELY, IF THERE WAS SOME
WAY THAT WE COULD CODE THE DRIVER'S LICENSE NUMBER IN A WAY THAT
WOULD ALERT THE BOARDS OF ELECTIONS WHEN THEY DO RECEIVE THESE
APPLICATIONS, I THINK THAT THAT WOULD GO A LONG WAY TO REDUCING THE
CHANCE OF HAVING SOME OF THESE SLIP THROUGH THE CRACKS. AND I'M -- I'M
EVEN MORE UNCOMFORTABLE WHEN I THINK ABOUT THE BILLS THAT ARE LIKELY TO
COME NEXT. WE HAVE SEVERAL BILLS WHICH WOULD BE ADDRESSING
AUTOMATIC VOTER REGISTRATION.
AND WITH THAT, I'LL -- I'LL CLOSE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
MR. MANKTELOW.
MR. MANKTELOW: YES, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU
YIELD?
MR. CRESPO: ABSOLUTELY.
ACTING SPEAKER AUBRY: MR. CRESPO IS
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RESOULIENT [SIC] AND HOLDING TIGHT. HE WILL YIELD.
MR. MANKTELOW: THANK YOU, SIR. YOU'RE DOING
GOOD. JUST TO -- JUST TO PIGGYBACK A LITTLE BIT ON WHAT ASSEMBLYWOMAN
WALSH HAD TALKED ABOUT. HAS THERE EVER BEEN ANY CONSIDERATION OF
POSSIBLY WHEN SOMEONE GOES IN TO GET AN UNDOCUMENTED DRIVER'S
LICENSE, AT THAT POINT IN TIME DMV TAKES THAT LICENSE NUMBER, SENDS
THAT DRIVER'S LICENSE NUMBER TO THE STATE DMV, AND IN TURN, THE STATE
DMV TURNS THAT NUMBER OVER TO EVERY SINGLE BOARD OF ELECTIONS IN
NEW YORK STATE SO IT TAKES OUT THE -- THE GUESSWORK OF WHETHER THIS
PERSON IS OR IS NOT A CITIZEN?
MR. CRESPO: I'M SORRY, ARE YOU DESCRIBING WHAT
YOU BELIEVE TO BE THE PROCESS NOW? ARE YOU -- ARE YOU ASKING IF THAT'S
WHAT WE SHOULD --
MR. MANKTELOW: NO. NO. I'M ASKING, WOULD
YOU -- WOULD YOU CONSIDER DOING SOMETHING LIKE THAT?
MR. CRESPO: NO. AND CERTAINLY NOT IN REGARDS TO
THIS BILL. YOU'RE -- YOU'RE -- I THINK THAT SUGGESTION IS SOMETHING FOR THE
ELECTION LAW FOLKS TO -- TO CONSIDER AS TO WHAT PROCESS THE BOARD OF
ELECTIONS COULD UNDERTAKE IN TERMS OF ENHANCING SOME OF THOSE
MEASURES. BUT NO, IT WASN'T A CONSIDERATION, NOR DO I THINK IT'S RELEVANT
TO WHAT DMV RESPONSIBILITIES ARE.
MR. MANKTELOW: WELL, HAVING THE SAME
CONCERNS FROM SOME OF OUR LOCAL COUNTY CLERKS BACK HOME, THAT WHOLE
GUESSWORK OF DOING THAT, AND THEN, YOU KNOW, DOING THE DOCUMENTS,
ANYTHING THAT WE CAN DO AS A STATE LEGISLATOR ENTITY TO EASE UP THE -- THE
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WORK -- AT THE -- AT THE DMVS AS -- AS WELL AS THE BOARD OF ELECTIONS
WOULD BE GREATLY -- PROBABLY GREATLY APPRECIATED BACK HOME.
MR. CRESPO: AND NOW, AND -- AND I APPRECIATE
THAT, AND WILL ALWAYS LOOK AT IMPROVING THINGS AND A POSSIBILITY WE
COULD ALWAYS REVISIT THIS BILL AND ADDRESS CERTAIN ISSUES. BUT IT'S
IMPORTANT ALSO TO POINT OUT IN REGARDS TO THAT LINE OF THINKING, IF I AM AN
UNDOCUMENTED APPLICANT FOR A DRIVER'S LICENSE UNDER THE PROVISIONS OF
THIS BILL, THE PROTECTIONS WE HAVE BUILT IN IN TERMS OF SHARING OF DATA ARE
LIMITED TO DMV. I DON'T BELIEVE THAT THE BOARD OF ELECTIONS HAS THOSE
SAME STANDARDS FOR SHARING OF DOCUMENTS OR WHETHER THEY ARE A -- A LAW
ENFORCEMENT -- IMMIGRATION LAW ENFORCEMENT AGENCY COULD ATTEMPT TO
SUBPOENA. I'M NOT SURE HOW THAT WORKS. IT'S NOT RELATED HERE. THERE
ARE OTHER WAYS IN WHICH SOMEBODY WOULD PUT THEMSELVES IN THAT
POSITION AND DANGER OR HAVE THEIR PRIVACY NOT PROTECTED THE SAME WAY
WE'RE ATTEMPTING TO DO WITH THIS BILL. I GUESS WHAT I'M GETTING AT IS, I
APPRECIATE AND -- AND UNDERSTAND THE SENSITIVITY OF ENSURING ACCURATE
VOTER DATA. NOTHING IN THIS BILL -- AND -- AND I ASSURE YOU FROM EVERY
CONVERSATION I'VE HAD WITH ADVOCATES AND IMMIGRANT FAMILIES,
INCLUDING MY OWN FAMILY MEMBERS, NO ONE WANTS TO PUT THEMSELVES IN
THAT POSITION. THEY REALIZE THE DANGERS THEY -- THEY DO, ESPECIALLY
SHARING DATA WITH AGENCIES THAT DON'T HAVE OR WOULDN'T HAVE THE SAME
LEVELS OF -- OF PROTECTION HERE. SO, IT WOULD BE THEMSELVES PUTTING
THEM -- IT WOULD BE THOSE INDIVIDUALS PUTTING THEMSELVES IN THAT RISK.
NOT -- SO, I JUST WANT TO BE CLEAR ABOUT THAT.
MR. MANKTELOW: ALL RIGHT. I APPRECIATE THAT
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ANSWER. SO -- SO, MAYBE ANOTHER OPTION WOULD BE WHEN AN
UNDOCUMENTED INDIVIDUAL GET A DRIVER'S LICENSE, WE COLOR CODE THAT
DOCUMENT, OR THAT DRIVER'S LICENSE, SO WHEN THAT INDIVIDUAL SHOWS UP TO
DMV -- I'M SORRY, TO THE BOARD OF ELECTIONS, THEY CAN -- HE OR SHE
COULD DO THAT. NO?
MR. CRESPO: WELL, YOU'RE NOT -- YOU DON'T -- UNDER
STATE LAW YOU DON'T HAVE TO PROVIDE IDENTIFICATION TO GO VOTE. SO, THE
ANSWER IS NO. AS A MATTER OF FACT -- AND WE -- WE MAKE IT VERY CLEAR,
WE -- OUR INTENTION IS TO HAVE ONE STANDARD LICENSE FOR ANYONE WHO
DOES NOT APPLY FOR A FEDERAL REAL ID-COMPLIANT LICENSE. IT'LL BE A
STANDARD LICENSE, IT'S NOT LIMITED TO INDIVIDUALS -- IT WOULDN'T BE LIMITED
TO INDIVIDUALS WHO ARE UNDOCUMENTED. AND THE WHOLE POINT IS TO HAVE
A STANDARD UNIFORM LICENSE THAT DOES NOT MAKE THOSE DISTINCTIONS, AS
THOSE DISTINCTIONS ARE IRRELEVANT TO DRIVER ELIGIBILITY OR PRIVILEGES.
MR. MANKTELOW: OKAY. WE'LL PROBABLY
DISAGREE ON THAT, BUT I -- I UNDERSTAND YOUR POSITION ON IT.
ALSO, MY OTHER CONCERN IS, ONCE THESE INDIVIDUALS
ACCIDENTLY GET ON THE VOTING ROLLS, THAT MEANS THEY'RE GOING TO VOTE IN
SCHOOL BOARD VOTES, TOWN VOTES, VILLAGE VOTES. IS THAT CORRECT?
MR. CRESPO: WHATEVER -- YOU -- YOU KEEP ALLUDING
TO, AND A LOT OF THESE QUESTIONS PERTAIN TO BOARD OF ELECTIONS ISSUES THAT
ARE NOT RELEVANT TO DMV NOR WHAT THIS BILL ACTUALLY DOES. BUT EVEN IN
THAT SCENARIO, I -- IF SOMEBODY IS REGISTERED TO VOTE, AND SOMEBODY WHO
IS -- SHOULD NOT HAVE BEEN ELIGIBLE IS -- IS BY MISTAKE, BY WHATEVER
CONSEQUENCE, MADE ELIGIBLE TO VOTE, I'M ASSUMING THEY WOULD VOTE IN
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ANYTHING THAT THAT REGISTRATION MAKES THEM ELIGIBLE TO VOTE FOR. BUT, IT'S
-- IT'S AN ISSUE FOR THE BOARD OF ELECTIONS TO ADDRESS. IT'S AN ISSUE FOR
FUTURE OTHER POLICY PROPOSALS TO SEEK TO REMEDY. BUT, AGAIN, NOT -- NOT
-- NOT ONLY NOT RELATED TO WHAT WE'RE TRYING TO ADDRESS. BUT EVEN IN THAT
SCENARIO WHERE SOME INSTANCES MAY OCCUR, WHERE SOME MISTAKES MAY
HAPPEN, I THINK THE ARGUMENT OR THE SUGGESTION THAT THOSE OUTWEIGH --
THAT THAT IS SUFFICIENT TO DENY THIS PRIVILEGE BECAUSE THEY OUTWEIGH
EVERYTHING ELSE THAT WE HAVE TALKED ABOUT, WOULD COME TO THE STATE;
THE ECONOMIC BENEFITS, THE PUBLIC SAFETY BENEFITS, THE INSURANCE ISSUES,
THE ROAD SAFETY ISSUES. THOSE ISSUES, IN MY MIND, FAR OUTWEIGH THE
MINUTE NUMBER OF INSTANCES WHERE SOMEBODY MAY INADVERTENTLY
REGISTER THEMSELVES FOR A PRIVILEGE THEY SHOULD -- THEY'RE NOT ELIGIBLE
FOR.
MR. MANKTELOW: OKAY. WELL, I -- I'M NOT SURE
IT'S -- I'M NOT SURE IT WOULD BE A MINUTE AMOUNT OF NUMBERS. I DON'T
KNOW THAT, BUT JUST HEARING QUICKLY TODAY ON HOW MANY PEOPLE ARE
DOING IT ACCIDENTLY, OR MAYBE NOT ACCIDENTLY, WE DON'T KNOW. JUST --
JUST GRAVE CONCERN TO THAT, AS WELL AS ONE OF MY FELLOW
ASSEMBLYMEMBERS BRINGING UP THE -- THE TERRORIST ISSUE. I HAD THAT
SAME THOUGHT AS WELL. YOU KNOW, ANYTHING THAT WE CAN DO TO MAKE IT
EASIER FOR A TERRORIST TO FUNCTION IN NEW YORK STATE IS NOT A GOOD THING.
I JUST HAVE GRAVE CONCERN ABOUT THAT AS WELL.
MR. CRESPO: YEAH. AND I WANT TO -- I WANT TO BE
EXPLICIT ABOUT THAT: NEITHER DO I. THERE IS NO ARGUMENT WHERE I WOULD
DEFEND, SUPPORT OR PROMOTE A TERRORIST OR TERRORIST ACTS. THAT IS -- BUT
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-- BUT BRINGING THAT ISSUE UP RELATED TO WHAT THIS BILL DOES, I BELIEVE
MAKES AN ERRONEOUS CONNECTION. AND I'LL BE CLEAR AGAIN: IF YOU'RE
TALKING ABOUT ENFORCEMENT PROTECTIONS OF -- IN OUR COUNTRY, IF YOU LOOK
AT TERRORISM, IT HAS BEEN DOMESTIC TERRORISM THAT HAS MOSTLY AFFECTED THE
LIVES OF AMERICAN CITIZENS IN NOT ONLY NEW YORK STATE, BUT ACROSS THIS
COUNTRY. IN THE INSTANCE OF 9/11 INVOLVING FOREIGN TERRORISTS, ALL OF
THOSE INDIVIDUALS, IT WAS -- IT ACTUALLY HELPED LAW ENFORCEMENT TO
IDENTIFY THEM, TO INVESTIGATE THEM, TO FIND OTHER LINKS AND CONNECTIONS
AND NETWORKS WITHIN THEIR LIVES BECAUSE WE HAD THIS INFORMATION. AND
I WILL REITERATE AGAIN THAT ALLOWING PEOPLE TO LIVE OUTSIDE OF THE
SHADOWS, EVEN THOSE THAT ARE UNDOCUMENTED, RECOGNIZING THEIR MANY
CONTRIBUTIONS TO OUR ECONOMY, TO OUR WORKFORCE, TO -- TO BUSINESS
DEVELOPMENT, TO SO MANY ASPECTS OF LIFE IN OUR STATE IS MUCH MORE
BENEFICIAL. IT FAR OUTWEIGHS THE COUPLE OF INSTANCES OR THE HANDFUL OF
INSTANCES COMPARED TO THE OVERALL NUMBER OF VOTER REGISTRATIONS OF
VOTERS IN THE STATE. THERE IS NO COMPARISON IN THE BENEFITS VERSUS
THOSE LIMITED CONCERNS. NO BILL IS PERFECT. EVERY BILL, EVERYTHING WE
DO MAY HAVE THOSE UNINTENDED CONSEQUENCES. THE REASON WE CONTINUE
TO HAVE WORK TO DO, BECAUSE THERE'S ALWAYS SOMETHING TO CORRECT, SOME
LOOPHOLE TO CLOSE. AND WE CAN CERTAINLY HAVE THAT CONVERSATION
MOVING FORWARD. BUT IT'S CERTAINLY IN THE BEST INTERESTS OF PUBLIC SAFETY
AND OUR STATE, AND FOR LAW ENFORCEMENT IN PARTICULAR, FOR TERRORISM IN
PARTICULAR, THAT WE HAVE MORE INDIVIDUALS' INFORMATION ACCESSIBLE.
MR. MANKTELOW: WELL, I -- I APPRECIATE YOUR
COMMENTS ON THAT, ON THE MINUTE NUMBER OF INSTANCES, AND WE'LL DEBATE
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THAT ON ANOTHER DAY. I WANT TO STICK TO THE BILL. BUT I APPRECIATE THAT.
THANK YOU FOR YOUR TIME.
AND ON THE BILL, SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: SO AGAIN TODAY WE'VE -- WE'VE
LISTENED TO A LOT OF DIFFERENT SPEAKERS HERE, UNDERSTANDING WHAT'S GOING
ON, THEIR CONCERNS, WHERE WE'RE REALLY AT. AND WE'VE TALKED ABOUT
IMMIGRANTS, WE'VE TALKED ABOUT UNDOCUMENTED INDIVIDUALS. BUT REALLY,
WE'RE SPENDING A LOT OF TIME, TAXPAYERS' DOLLARS, BRINGING THIS BILL
FORWARD AGAIN. AND AGAIN, WE HAVE MANY, MANY UNDOCUMENTED
IMMIGRANTS IN THIS COUNTRY, IN THIS STATE. MY GRANDFATHER WAS AN
IMMIGRANT, CAME OVER ON THE SHIP AT THREE YEARS OLD. CAME IN NEW
YORK STATE THROUGH STATEN ISLAND AND DID IT THE RIGHT WAY. SO WHAT WE
NEED TO DO AS A STATE AND AS A COUNTRY, WE HAVE UNDOCUMENTED
WORKERS, UNDOCUMENTED PEOPLE. WE SHOULD BE TAKING EVERYTHING WE
CAN DO TO HELP THESE INDIVIDUALS BECOME LEGAL CITIZENS OF NEW YORK
STATE. INSTEAD -- INSTEAD OF SPENDING ALL THIS TIME ON GETTING -- GOING
AROUND THE WAY TO GET THEM A DRIVER'S LICENSE, WHY DON'T WE WORK WITH
THESE INDIVIDUALS TO GET THEM TO BE CITIZENS OF THIS STATE? WE HAVE A
GREAT STATE. WE HAVE A GREAT COUNTRY. AND LIKE IT OR NOT, MOST OF US
CAME FROM IMMIGRANTS IN THIS STATE. SO HOPEFULLY DOWN THE ROAD WE
CAN DO SOMETHING HERE AT THE STATE LEVEL TO HELP MAKE THAT HAPPEN.
ANYTHING THAT WE CAN DO TO MAKE THEM LEGAL CITIZENS OF THE UNITED
STATES, LEGAL CITIZENS OF OUR STATE, WOULD BE A GREAT THING.
SO AGAIN, THANK YOU FOR YOUR TIME, MR. SPONSOR.
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THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. MALLIOTAKIS FOR A
SECOND.
MS. MALLIOTAKIS: THANK YOU. WILL THE SPONSOR
YIELD? I JUST -- YOU KNOW, I WASN'T GOING TO SPEAK AGAIN, BUT I HEARD A
-- BECAUSE YOU -- YOU'RE NOT --
MR. CRESPO: I'M HAVING A HARD TIME HEARING YOU,
NICOLE, I'M SORRY.
MS. MALLIOTAKIS: DURING OUR CONVERSATION
PREVIOUSLY, YOU HAD BROUGHT UP THE TERRORISTS OF 9/11 AND -- AND THEN I
HEARD IT BEING BROUGHT UP AGAINST HERE -- AGAIN WITH MY COLLEAGUE.
AND YOU SAY THAT IT WOULD ACTUALLY MAKE US MORE SAFE BECAUSE THEY
WILL HAVE INFORMATION ON THE INDIVIDUALS. HOWEVER, THE BILL
SPECIFICALLY RESTRICTS THAT INFORMATION NOT BE SHARED WITH OTHER -- OTHER
AGENCIES, AND SO -- AND IT PARTICULARLY ALSO REQUIRES THAT AGENCIES NOTIFY
THE LICENSE HOLDER IF THEY ARE SEEKING ANY INFORMATION ON THAT
INDIVIDUAL.
MR. CRESPO: THAT LIMITATION IS FOR IMMIGRATION
ENFORCEMENT. THERE IS SPECIFIC LANGUAGE IN THIS BILL THAT WOULD
AUTHORIZE THE JOINT TASK FORCE ON TERRORISM TO DO AND CONTINUE TO
HAVE ACCESS. THEY'RE ONE OF THE EXEMPTED CATEGORIES TO CONTINUE TO
HAVE ACCESS AND TO REQUEST DATA. SO AS IT PERTAINS TO INVESTIGATIONS
RELATED TO TERRORISM, WE HAVE BEEN VERY EXPLICIT IN ALLOWING THOSE
INVESTIGATIONS TO CONTINUE. SO, AGAIN, I -- THE NOTION THAT WE ARE
MAKING IT HARDER FOR THOSE INVESTIGATIONS TO TAKE PLACE IS JUST NOT
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ROOTED IN FACT.
MS. MALLIOTAKIS: OKAY. SO, I MEAN, THERE --
THERE WOULDN'T BE A SITUATION WHERE AN IMMIGRATION ENFORCEMENT
AGENCY THEN WOULD BE SEEKING DOCUMENTATION AS IT RELATES TO TERRORISM?
YOU'RE SAYING -- YOU'RE SAYING THAT WOULD BE HANDLED BY A DIFFERENT
AGENCY, IT WOULD NEVER BE HANDLED BY IMMIGRATION ENFORCEMENT?
MR. CRESPO: THEY COULD BE PARTICIPATING IN THESE
JOINT TASK FORCES. THERE ARE -- IF THERE IS REASONABLE DOUBT THAT
SOMEBODY'S INVOLVED IN A TERRORIST ACT, I ASSURE YOU, NOTHING IN THIS BILL
WILL PREVENT THOSE AGENCIES FROM GETTING THE APPROPRIATE INFORMATION
NECESSARY TO CONDUCT THEIR INVESTIGATIONS. AND SO, WE CAN SORT OF
REPHRASE THAT A -- A NUMBER OF WAYS, BUT IT'S NOT LIMITED TO THAT. A
NUMBER OF LOCAL AGENCIES ARE PART OF A JOINT EFFORT IN REGARDS TO TERRORIST
INVESTIGATIONS. THEY SHARE DATA. A LOT OF THAT DATA IS COLLECTED BY
THOSE OUTSIDE AGENCIES. SO NONE OF THAT IS AFFECTED BY THIS, AND SO I'M
GOING TO REPEAT AGAIN: IT IS MY CLEAR UNDERSTANDING THAT THIS BILL DOES
NOT IMPEDE ONE IOTA THE EFFORTS TO ROOT OUT AND INVESTIGATE TERRORIST ACTS
OR PEOPLE MAY -- WHO MAY BE INVOLVED IN TERRORISM.
MS. MALLIOTAKIS: OKAY. BUT IT DOESN'T
SPECIFICALLY ADDRESS IT, EITHER. YOU SAID THAT IT SPECIFICALLY GIVES
AUTHORITY TO SHARE INFORMATION WHEN NECESSARY?
MR. CRESPO: I'M SORRY, REPEAT THE QUESTION.
MS. MALLIOTAKIS: IT DOESN'T SPECIFICALLY MENTION
ANYTHING -- YOU MENTIONED SOMETHING THAT IT SPECIFICALLY ADDRESSES
COOPERATION WITH ANYTHING THAT'S RELATED TO A TERRORIST TASK FORCE. COULD
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YOU JUST POINT THAT OUT?
MR. CRESPO: SURE. IT IS THE -- PAGE 3, LOOK AT LINE
4, AGENCY -- UNLESS SUCH DISCLOSURE IS PURSUANT TO A COOPERATIVE
ARRANGEMENT BETWEEN CITY, STATE AND FEDERAL AGENCIES WHICH
ARRANGEMENT DOES NOT ENFORCE IMMIGRATION LAW AND WHICH DISCLOSURE
IS LIMITED TO SPECIFIC RECORDS OR INFORMATION BEING SOUGHT PURSUANT TO
SUCH ARRANGEMENT. AND ACTUALLY, JUST SO YOU KNOW, THAT -- THAT WAS
ONE OF THE SUGGESTIONS BY THE NYPD, WHICH PARTICIPATES IN THOSE JOINT
TASK FORCES, AND -- AND BROUGHT UP THAT VERY CONCERN. AND WE ENSURED
THAT THAT LANGUAGE WAS IN SO THAT THOSE TASKS FORCES WERE NOT IMPEDED
AND WERE EXPLICITLY LISTED AS AGENCIES THAT WOULD CONTINUE TO HAVE
ACCESS TO DATA.
MS. MALLIOTAKIS: OKAY. GREAT. ALL RIGHT.
WELL, THANK YOU VERY MUCH FOR CLARIFYING.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. CRESPO TO EXPLAIN HIS VOTE.
MR. CRESPO: THANK YOU, MR. SPEAKER. JUST -- I'M
GOING TO TRY TO GET THROUGH THIS VERY QUICKLY. THERE WERE A LOT OF
THINGS THAT HAVE BEEN BROUGHT UP, AND I APPRECIATE THE CONCERNS THAT
WERE RAISED. BUT I WANT TO MAKE SURE PEOPLE UNDERSTAND IN THIS STATE,
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NYS ASSEMBLY JUNE 12, 2019
THIS LEGISLATION IS IN THE BEST INTEREST OF THE ENTIRE STATE OF NEW YORK.
IT IS MORE BENEFICIAL TO COMMUNITIES OUTSIDE OF THE CITY OF NEW YORK,
WHERE TRANSPORTATION IS FULLY ACCESSIBLE IN OUR NEIGHBORHOODS, AS
OPPOSED TO LITTLE COMMUNITIES ON LONG ISLAND AND UPSTATE. THERE ARE
CLEAR ECONOMIC GAINS FOR THE STATE OF NEW YORK. THERE ARE GREAT
REVENUES COMING TO RURAL COMMUNITIES. THERE ARE SPONSORS AND
SUPPORT FROM THE BUSINESS COMMUNITY, TO OUR AGRICULTURAL COMMUNITY.
THERE ARE CLEAR INDICATIONS BY THE INSURANCE INDUSTRY ABOUT THE BENEFITS
THAT WILL BE EXTENDED TO ALL DRIVERS IN OUR STATE. THERE -- AND FOR
PUBLIC SAFETY REASONS, WE HAVE ADDRESSED THE LOCAL LAW ENFORCEMENT
NEEDS. THIS BILL IS COMMON SENSE. IT IS IN THE BEST INTEREST OF THE ENTIRE
STATE OF NEW YORK, AND IT RESPONDS TO THE CONTRIBUTIONS OF OUR
IMMIGRANT FAMILIES WHO MAKE OUR STATE RUN. AND WE -- AND YES, I
WOULD LOVE TO JOIN ALL OF MY COLLEAGUES IN ADDRESSING THE NEED FOR
FEDERAL IMMIGRATION REFORM. BUT AS A STATE, WE CAN CONTINUE TO DO
WHAT'S IN OUR BEST INTEREST AND OUR BEST ECONOMIC INTEREST AND IN THE
BEST SOCIAL INTEREST OF OUR STATE, AND ALLOWING A WORKER TO GET TO WORK.
AND ALLOWING A MOTHER TO DRIVE HER SON TO SCHOOL OR TO A DOCTOR'S
APPOINTMENT IS IN THE BEST INTEREST OF THE STATE OF NEW YORK. AND WE
CAN MAKE OUR ROADS SAFER BY DOING THIS.
I WANT TO THANK THE SPEAKER. I WANT TO THANK THE
CHAIR OF THE TRANSPORTATION, BILL MAGNARELLI; EMMA, ZACH, YARITZA,
JAVIER, STEVE, CARLENE. ALL OF THE ADVOCATES, NYCLU, MAKE THE ROAD,
IMMIGRATION COALITION. OUR TEAM, JULIE, DAVID, JONATHAN. MY STAFF,
KATHRYN AND STEISY, MY INTERN WHO DEBATED THIS BILL IN THE MOCK
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NYS ASSEMBLY JUNE 12, 2019
SESSION. TO FRANCISCO MOYA, TO FELIX ORTIZ, TO PRIOR SPONSORS OF
VARIATIONS TO THIS BILL, THANK YOU FOR YOUR LEADERSHIP TO GET US TO THIS
DAY. I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THIS IS A
BILL THAT WOULD ENHANCE THE QUALITY OF LIFE AND THE SAFETY AND THE
PROTECTIONS OF ALL NEW YORKERS, AND WOULD RAISE REVENUES THAT I HOPE
WE CAN REINVEST INTO THE TRANSPORTATION NEEDS OF RURAL COMMUNITIES.
IT'LL HELP OUR AGRICULTURE COMMUNITY AND THEIR VITAL WORKFORCE. IT IS
COMMONSENSE, GOOD POLICY. THE RIGHT THING TO DO.
RESTORING DRIVER'S LICENSES TO ALL NEW YORKERS IS THE
BEST THING WE CAN DO -- ONE OF THE BEST THINGS WE CAN DO TO IMPROVE THE
QUALITY OF LIFE FOR ALL NEW YORKERS IN THE STATE, AND I ENCOURAGE ALL MY
COLLEAGUES TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. CRESPO IN THE
AFFIRMATIVE.
MRS. ARROYO.
MRS. ARROYO: THANK YOU, MR. SPEAKER. I THINK
THAT THE YOUNG PEOPLE THAT ARE HERE TODAY ARE LEARNING HISTORY IN THE
STATE OF NEW YORK. THE RHETORIC AGAINST THIS BILL HAS BEEN VERY
EXTENSIVE, AND WE LEARNED FROM IT. BUT NOBODY MENTIONED -- IT WAS
MENTIONED, BUT NOT IN THE WAYS THAT CONTRIBUTION THAT THESE PEOPLE THAT
OBTAIN THESE LICENSE, MAN AND WOMAN, THAT CAN WORK AND HAVE A
PERMANENT JOB, THE CONTRIBUTION THAT THEY ARE GOING TO MAKE TO OUR
SOCIETY. BECAUSE THEY'RE ALREADY MAKING A CONTRIBUTION, BUT IT'S NOT
RECOGNIZED.
AND WE HAVE TO ALSO OBTAIN THE PROPER INFORMATION OF
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NYS ASSEMBLY JUNE 12, 2019
OUR LICENSES. BECAUSE -- AND WHEN I WENT TO CHANGE MY LICENSE, I HAD
TO PAY MORE THAN $100 TO OBTAIN MY NEW LICENSE. THESE PEOPLE ARE NOT
GOING TO HAVE A FREE SERVICE. TAXPAYERS DOESN'T PAY THAT. THAT COMES
FROM THEIR POCKETS. BECAUSE TO OBTAIN THE LICENSE, THEY HAVE TO PAY FOR
IT.
I THINK THAT AS A REPRESENTATIVE OF A POOR COMMUNITY IN
THIS ASSEMBLY, AS A PUERTO RICAN DESCENDANT THAT HAD LIVED WITH SO
MANY PEOPLE THAT HAVE COME HERE UNDOCUMENTED, BUT HAVE BEEN AN
ASSET TO OUR SOCIETY, I'M PROUD TO VOTE YES IN THIS BILL. AND REMEMBER
THIS: THE LESSON THAT WE ARE GETTING TODAY IS THE ONE THAT OUR PARENTS
AND OUR -- THE PARENTS AND THE GRANDPARENTS THAT CAME HERE
UNDOCUMENTED YEARS AGO WENT THROUGH.
IT'S A PLEASURE FOR ME, I THANK THE SPEAKER AND THE
SPONSOR FOR THE BILL. AND WE HAVE TO LOOK AT IT AND LOOK AT IT CAREFULLY
AND WITH INTELLIGENCE, BECAUSE THESE PEOPLE ARE NOT GOING TO GET --
ACTING SPEAKER AUBRY: MRS. ARROYO --
MRS. ARROYO: -- ANYTHING FREE FROM THIS
GOVERNMENT. THANK YOU.
ACTING SPEAKER AUBRY: HOW DO YOU VOTE?
MRS. ARROYO: I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU SO VERY
MUCH.
MR. ORTIZ.
MR. ORTIZ: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I, TOO, WOULD LIKE TO COMMEND THE SPEAKER FOR
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NYS ASSEMBLY JUNE 12, 2019
REALLY TAKING THE STAND ON BRINGING THIS BILL FINALLY TO THE FLOOR. I'VE
BEEN HERE A LITTLE BIT, I'VE BEEN HERE SINCE 1995. IN 1987, THE STATE OF
MICHIGAN WAS THE FIRST STATE IN THE COUNTRY TO ALLOW UNDOCUMENTED
PEOPLE TO USE THEIR SOCIAL SECURITY NUMBER, WHAT THEY CALL THE ITIN
NUMBER, TO HAVE DRIVER LICENSING. PEOPLE FROM NEW YORK WILL GO TO
MICHIGAN TO GET DRIVER LICENSING. WHEN I GOT ELECTED IN 1995, I GOT
INVOLVED IN THE CRUSADE TO ENSURE THAT WE CAN HAVE DRIVER LICENSE FOR
ALL. IN 2001, UNFORTUNATELY WHEN 9/11 HAPPENED, THEREFORE, THE DRIVER'S
LICENSE WAS TAKEN AWAY AND WAS A LOT OF RESTRICTIONS. 2003, I DECIDED
TO INTRODUCE THE SAME-AS BILL THAT WAS IN 1987 PASSED BY THE STATE
LEGISLATORS IN MICHIGAN. WE HAD (INAUDIBLE) DUE TO THE POLITICS OF THE
INDIVIDUAL AND THE PEOPLE BY PUTTING POLITICS FIRST RATHER THAN PUTTING
PEOPLE FIRST.
LASTLY, WE -- THIS IS A GREAT DAY. THIS IS A GREAT DAY
NOT ONLY FOR THE PEOPLE OF THE STATE OF NEW YORK, NOT ONLY FOR PUBLIC
SAFETY, NOT ONLY FOR THE QUALITY OF LIFE, BUT FOR ALL THOSE IMMIGRANT
WORKING-CLASS FAMILY WHO ARE STANDING OVER THERE IN -- IN THE -- ON TOP
OF YOU, MR. SPEAKER, RIGHT ON THE -- ON THE PODIUM. AND THESE
INDIVIDUALS WILL HAVE THE OPPORTUNITY TO HAVE A DRIVER'S LICENSE IN 2019.
AND I WOULD LIKE TO THANK THE SPONSOR. I WOULD LIKE
TO THANK THE CHAIR OF THE -- OF THE TRANSPORTATION COMMITTEE. AND
WHEN YOU SAY SO MANY RED, THEY WILL BECOME TO BE GREEN BECAUSE WE
CAN BEGIN TO SEE SOME YELLOW. AND THOSE YELLOW WANT TO BECOME
GREEN, AND THE GREEN LIGHT WON. THANK YOU VERY MUCH TO ALL THE
ADVOCATE. (SPEAKING FOREIGN LANGUAGE).
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NYS ASSEMBLY JUNE 12, 2019
ACTING SPEAKER AUBRY: MR. ORTIZ IN THE
AFFIRMATIVE.
(APPLAUSE)
PLEASE, PLEASE. THANK YOU.
MR. PICHARDO.
MR. PICHARDO: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN -- ABSTAIN AND EXPLAIN MY VOTE.
FIRST OF ALL, WE -- IN THIS CHAMBER, WE'VE HEARD
CONVERSATIONS IN THE PAST, IN DEBATES IN THE PAST AND AROUND THIS
COUNTRY, IN STATE LEGISLATURES AND IN CONGRESS TALKING ABOUT THE
DIGNITY OF WORK AND THE ABILITY OF INDIVIDUALS TO EARN A LIVING AND NOT
DEPEND ON ANTIPOVERTY MEASURES AND FOOD STAMPS AND OTHER SNAP
BENEFITS IN ORDER TO SUSTAIN THEIR FAMILIES. THERE ARE IMMIGRANTS RIGHT
NOW IN THIS COUNTRY FOR IN ORDER FOR THEM AROUND THIS STATE TO GET A JOB,
THEY NEED TO DRIVE. SO, NOT ONLY WILL THIS HAVE A DIRECT ECONOMIC
IMPACT ON GETTING FOLKS REGISTERED AND -- AND INSURED TO DRIVE, BUT ALSO
GIVE THEM THE ABILITY TO EARN A LIVING, WHICH MEANS THAT THEY WILL BE OFF
OF ANY ANTIPOVERTY MEASURE ROLLS. THESE FOLKS DESERVE TO EARN A LIVING.
THEY WANT TO EARN A LIVING. THEY WANT TO TAKE THEIR KIDS TO SCHOOL.
AND ON TOP OF ALL OF THIS, IMMIGRANTS ACROSS THIS STATE, BARRING 20 YEARS
AGO, WERE ALLOWED TO DO THIS REGARDLESS.
I WANT TO THANK THE SPONSOR FOR MAKING SURE THAT WE
CLARIFY THIS ISSUE IN THE LAW. I WANT TO THANK THE SPEAKER, THE ADVOCATES
AND EVERYONE THAT WAS ABLE TO PUSH TO MAKE SURE THAT THIS LEGISLATION
MADE IT TO THE FLOOR.
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NYS ASSEMBLY JUNE 12, 2019
I'M VOTING IN THE AFFIRMATIVE, AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME BECAUSE IT IS THE RIGHT THING TO DO FOR ALL
NEW YORKERS.
ACTING SPEAKER AUBRY: MR. PICHARDO IN THE
AFFIRMATIVE.
MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER. THIS
LEGISLATION IS SUPPORTED BY THE AMERICAN PROPERTY CASUALTY INSURANCE
ASSOCIATION, BY THE NEW YORK INSURANCE ASSOCIATION. THE NEW YORK
BUSINESS COUNCIL HAS COME OUT IN FAVOR OF THIS LEGISLATION. LAW
ENFORCEMENT, INCLUDING THE CHIEF OF POLICE AND THE SHERIFF FROM THE
CITY AND COUNTY WHERE I LIVE SUPPORT IT. DOZENS OF ELECTED OFFICIALS
ACROSS THE STATE; NYSUT, RELIGIOUS ORGANIZATIONS, AGRICULTURAL
ORGANIZATIONS, HUMANITARIAN COALITIONS AND NUMEROUS OTHER GROUPS AND
INDIVIDUALS HAVE REGISTERED IN FAVOR OF THIS LEGISLATION. THE PUBLIC IS
DIVIDED. BUT COLLEAGUES, I SUGGEST THAT IF THEY HAD THE SAME
INFORMATION AVAILABLE TO THEM THAT WE HAVE AVAILABLE TO US, IT'S CLEAR
THAT THEY, TOO, WOULD OVERWHELMINGLY SUPPORT THIS MEASURE. IT WILL
SAVE LIVES, SAID -- SAYS A STUDY FROM STANFORD UNIVERSITY. IT WILL MAKE
OUR DRIVERS SAFER, SAYS THE PEW CHARITABLE TRUSTS. IT WILL SAVE EVERY
SINGLE DRIVER MONEY ON THEIR INSURANCE PREMIUMS, SAY A NUMBER OF
OBJECTIVE, CAREFULLY VETTED STUDIES, SOME OF WHICH ARE SUMMARIZED IN
THE SOUTHERN ECONOMIC JOURNAL IN A 2015 REPORT BY PROFESSORS FROM
COLUMBIA UNIVERSITY AND THE UNIVERSITY OF UTAH. HOW? IT REDUCES
UNINSURED MOTORISTS. IT SAVES EVERY SINGLE REGISTERED DRIVER IN THIS
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NYS ASSEMBLY JUNE 12, 2019
STATE WHO RECEIVES INSURANCE $17 PER PERSON BY CUTTING THEIR UN -- THEIR
UNINSURED MOTORIST INSURANCE COVERAGE BY CUTTING THEIR PERSONAL INJURY
PROTECTION COVERAGE. IT WILL SAVE LITERALLY MILLIONS, PROBABLY HUNDREDS
OF THOUSANDS, AT LEAST, FOR YOUR CONSTITUENTS IN EACH ONE OF OUR DISTRICTS,
AND MAYBE AS MUCH AS $1 MILLION. WE DON'T HAVE A MORAL LITMUS TEST
WHEN IT COMES TO THE ISSUANCE OF DRIVER'S LICENSES. CONVICTED BANK
ROBBERS ARE ALLOWED TO GET DRIVER'S LICENSES. CORRUPT POLITICIANS CAN GET
DRIVER'S LICENSES. EVEN PEOPLE INVOLVED IN SERIOUS AND NUMEROUS CAR
ACCIDENTS CAN GET OR KEEP THEIR DRIVER'S LICENSES. WE USE OUR CARS TO
GET PEOPLE TO GO TO SCHOOL. WE USE THEM TO GO TO THE DOCTOR. WE USE
THEM TO GO TO WORK AND TO TAKE CARE OF BUSINESS --
ACTING SPEAKER AUBRY: MR. --
MR. CAHILL: IT WAS THE LAW OF THE LAND--
ACTING SPEAKER AUBRY: MR. CAHILL --
MR. CAHILL: -- IN 48 STATES --
ACTING SPEAKER AUBRY: HOW DO YOU VOTE?
MR. CAHILL: AND IT SHOULD BE THE LAW OF THE LAND
--
ACTING SPEAKER AUBRY: MR. CAHILL --
MR. CAHILL: -- IN NEW YORK STATE AGAIN. I
WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. CAHILL IN THE
AFFIRMATIVE.
MY FRIENDS AND GUESTS UP -- IN THE BALCONY, WE DO ASK
THAT YOU BE SEATED AND NOT STAND. WE DO ASK THAT YOU BE SEATED AND NOT
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NYS ASSEMBLY JUNE 12, 2019
STAND. THANK YOU VERY MUCH. APPRECIATE THAT.
MS. CRUZ.
WE HAVE, MEMBERS, TWO MINUTES, PLEASE. IT'S BEEN A
LONG DAY. WE DON'T NEED TO BE REMINDING YOU OF THAT.
MS. CRUZ: THANK YOU, MR. SPEAKER. I'LL BE VERY
BRIEF. WE'VE HEARD OVER AND OVER AGAIN THAT OUR STATE STANDS TO MAKE
MORE THAN $50 MILLION IN YEARLY REVENUE. THAT HAVING LICENSED, TESTED,
INSURED DRIVERS WILL HELP PROTECT OUR ROADS. WE HAVE SEEN FAMILIES LIKE
MINE WHOSE LIVES WOULD BE CHANGED FOREVER WITH THIS PIECE OF PAPER.
A NO VOTE IS CLEARLY NOT BASED ON THE MERITS, BUT RATHER, IN A
DEEP-ROOTED FEAR OF BACKLASH FROM CONSTITUENTS WHO MAY HARBOR
ANTI-IMMIGRANT SENTIMENTS. TODAY, ON BEHALF OF MY MOTHER, WHO
ENDURED HUMILIATION AND STOLEN WAGES, ON BEHALF OF ALFREDO FLORES, MY
CONSTITUENT WHO WAS ARRESTED AND COULD BE DEPORTED SIMPLY BECAUSE HE
WAS TRYING TO GET TO WORK. ON BEHALF OF THOUSANDS OF 13-YEAR-OLDS
WHO TODAY ARE EMERGENCY PLANNING IN CASE MOM OR DAD IS PICKED UP BY
ICE AND NEVER COMES HOME, I VOTE YES, PROUDLY YES, TO GIVE
IMMIGRANTS AN OPPORTUNITY AT SURVIVAL.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
AFFIRMATIVE.
MS. DE LA ROSA.
MS. DE LA ROSA: THANK YOU, MR. SPEAKER. I WANT
TO THANK THE SPONSOR OF THIS LEGISLATION, THE FORMER SPONSORS AND THE
COALITION OF ADVOCATES WHO ARE HERE TODAY. TODAY WE'VE HEARD
ARGUMENTS IN FAVOR AND AGAINST THIS IMPORTANT PIECE OF LEGISLATION. BUT
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NYS ASSEMBLY JUNE 12, 2019
WHAT'S ABUNDANTLY CLEAR TO ME IS THAT THIS LEGISLATION MAKES SENSE. IT
MAKES SENSE TO OUR STATE FINANCIALLY. AS WE'VE HEARD OVER AND OVER
AGAIN, $57 MILLION PER YEAR IN REVENUE. IT ALSO MAKES SENSE IN REGARD
TO PUBLIC SAFETY. AN INSURED DRIVER, A DRIVER WHO CAN PASS A ROAD TEST,
A DRIVER WHO CAN REACH AN EMERGENCY SITUATION, A HOSPITAL OR A DOCTOR.
THAT IS PUBLIC SAFETY. UNTIL 2013, ALL NEW YORKERS, REGARDLESS OF
IMMIGRATION STATUS, WERE ABLE TO RECEIVE A DRIVER'S LICENSE. I BELIEVE
THAT MORALLY IT IS OUR RESPONSIBILITY TO MAKE SURE THAT WE ARE MAKING
SURE THAT IMMIGRANTS ARE NOT SEPARATED FROM THEIR FAMILIES DUE TO
SIMPLE TRAFFIC INFRACTIONS. I VISITED ORANGE COUNTY CORRECTIONAL
FACILITY WITH SOME OF MY COLLEAGUES HERE TODAY. AND I CAN TELL YOU
THAT A LOT OF THE PEOPLE WHO ARE DETAINED WERE PICKED UP FOR TRAFFIC
INFRACTIONS. IN A MOMENT WHERE WE HAVE A CRISIS, A HUMANITARIAN CRISIS
AT THE BORDER, WE MUST ENSURE THAT WHERE THE FEDERAL GOVERNMENT FAILS
TO STAND UP, WE HAVE THE POLITICAL AND MORAL COURAGE TO SAY THAT
IMMIGRANTS ARE NEW YORKERS AND THAT THEY DESERVE THIS PRIVILEGE.
LET'S NOT DIVIDE OUR STATES INTO THE HAVES AND THE HAVE-NOTS.
THIS IS ABOUT DIGNITY FOR IMMIGRANT NEW YORKERS.
AND TODAY I'M PROUD TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. DE LA ROSA IN
THE AFFIRMATIVE.
MR. WEPRIN.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I'D LIKE TO
BE EXCUSED FROM VOTING TO EXPLAIN MY VOTE. MY ASSEMBLY DISTRICT HAS
CLOSE TO 60 PERCENT FIRST-GENERATION IMMIGRANTS. AND I'M VERY PROUD
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NYS ASSEMBLY JUNE 12, 2019
OF THAT CONSTITUENTS. MANY ARE DOCUMENTED, MANY ARE NOT, AMONG
THOSE CONSTITUENTS. MY MOTHER IMMIGRATED HERE FROM CUBA IN 1938,
AND I'VE BEEN A STRONG SUPPORTER OF IMMIGRANTS WHO HAVE MADE THIS
STATE AND COUNTRY GREAT. THIS, FOR ALL THE REASONS WERE MENTIONED BY
SO MANY PEOPLE, WILL BE -- WILL ENSURE SAFETY ON OUR ROADS. IT WILL SAVE
MONEY. IT WILL HELP THE ECONOMY. AND IT WILL GIVE UNDOCUMENTED
IMMIGRANTS THE ABILITY TO SUPPORT THEIR FAMILY AND TO CONTINUE TO BE
PRODUCTIVE MEMBERS OF OUR SOCIETY.
I WITHDRAW MY VOTE AND PROUDLY VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
MS. FERNANDEZ.
MS. FERNANDEZ: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I DON'T THINK THIS BILL SHOULD HAVE
BEEN AS CONTROVERSIAL AS IT HAS -- AS IT HAS BEEN, BUT WE SAW THAT IT WAS.
BUT THIS IS A GOOD BILL THAT WOULD ALLOW FOR UNDOCUMENTED RESIDENTS
THAT ARE ALREADY DRIVING TO DRIVE SAFELY AND INSURED. THAT MEANS THAT A
LITTLE FENDER-BENDER WILL NOT PUT LIVES IN DANGER THROUGH THREATS OF
DEPORTATION. NO ONE SHOULD FEEL THE URGE TO DITCH THE -- THE SCENE OF AN
ACCIDENT BECAUSE OF THEIR LACK OF INSURANCE. AND THIS IS JUST A PLUS FOR
EVERYONE FOR THAT, PEDESTRIANS AS DRIVERS ALIKE. NOT ONLY THAT, BUT IT
OPENS UP MORE ECONOMIC AVENUES, AS WE'VE HEARD, FOR UNDOCUMENTED
RESIDENTS. THOSE FINANCIAL GAINS THEN COME BACK TO THE COMMUNITY IN
TAXES AND SALES. FURTHER, WE, AS A STATE, WOULD GAIN FROM LICENSE FEES,
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NYS ASSEMBLY JUNE 12, 2019
INSURANCES AND SO ON. THE FINANCIAL ASPECT OF THIS IS NOT A PROBLEM.
THE PROBLEM IS THAT THERE ARE INDIVIDUALS WHO BELIEVE THAT DRIVING
SHOULD BE A PRIVILEGE AND THAT IT IS KEPT FROM A LARGE POPULATION OF NEW
YORKERS WHO WORK AND CONTRIBUTE TO WHAT MAKES THE STATE GREAT. IT IS
OUR JOB AS LEGISLATORS TO SERVE EVERYONE WHO LIVE IN THE STATE. WE
DON'T DRAW LINES OR BORDERS OR PUT UP WALLS OR WHO WE CHOOSE TO
REPRESENT. IF WE'RE HERE TO START DOING THAT NOW, THERE'S NO TELLING WHAT
WE COULD DO LATER. AND THERE ARE SO MANY DAILY ACTIVITIES, AS WE SAID,
DOCTOR APPOINTMENTS AND TAKING YOUR KIDS TO SCHOOL, WHICH ARE VERY
IMPORTANT, OBVIOUSLY, TO US ALL. BUT EVEN THE ABILITY AND THE LEISURE TO
GO TO THE BEACH, TO TAKE YOUR FAMILY OUT TO THE PARK, THAT SHOULDN'T BE --
PUT FEAR ON ANY FAMILY JUST TO SPEND TIME IN THIS WORLD. WITH OR
WITHOUT A LICENSE, PEOPLE WILL KEEP DRIVING, AND WE KNOW THAT. SO, THIS
IS IMPORTANT TO JUST KEEP MAKING THE STREETS MORE SAFER. SO, WE, AS
LEGISLATORS, IF WE DIDN'T USE THIS TIME TO PUT THE SAFETY OF CONSTITUENTS OF
NEW YORKERS FIRST, THEN WE'RE NOT DOING OUR JOB. BUT, I'M VERY HAPPY
THAT THIS HAS COME TO THE FLOOR. I STRONGLY COMMEND THE SPONSOR FOR
THIS AND FOR THE SUPPORTERS AND ACTIVISTS THAT HAVE MADE IT LOUD AND
CLEAR THAT -- IS MY TIME UP?
ACTING SPEAKER AUBRY: YES.
MS. FERNANDEZ: -- THAT ALL NEW YORKERS DESERVE
THIS PRIVILEGE.
SO, THANK YOU. I VOTE YES.
ACTING SPEAKER AUBRY: MS. FERNANDEZ IN THE
AFFIRMATIVE.
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NYS ASSEMBLY JUNE 12, 2019
MR. RAMOS.
MR. RAMOS: MR. SPEAKER, I -- I RISE TO EXPLAIN MY
VOTE. IN THIS DEBATE WE HEARD A LOT OF RE -- REOCCURRING THINGS. WE
HEARD A LOT ABOUT VOTER FRAUD, PEOPLE SPEAKING ABOUT VOTER FRAUD. THIS
-- THERE ARE OVER A MILLION VOTERS IN SUFFOLK COUNTY, AND SOMEBODY
BROUGHT UP ABOUT FOUR CASES. BUT ARE -- ARE WE -- YOU KNOW, A LOT OF
THESE REOCCURRING THEMES ARE JUST -- THEY GET TO THE POINT OF RIDICULOUS.
ARE WE TO BELIEVE THAT A PERSON WHO'S LIVING IN THE SHADOWS, SOMEBODY
WHO IS UNDOCUMENTED, WHO HAS COME HERE, WHO'S HAPPY WITH THIS
PRIVILEGE TO BE ABLE TO PROVIDE EVEN WITH MEAGER MEANS FOR HIS FAMILY,
IS GOING TO SIGN SOMETHING THAT SAYS, UNDER PENALTY OF LAW, A FELONY, IF
YOU SIGN THIS, IT'S A LIE, YOU'RE GOING TO GO TO JAIL? IT JUST GOES AGAINST
LOGIC TO EVEN BRING UP THE ISSUE OF -- OF VOTER FRAUD. THE ISSUE OF
POSSIBLY THAT SOMEBODY, IF THEY CHECK THE WRONG BOX, AND -- IF THEY
CHECK THE WRONG BOX AND THEN THEY -- THEY BECOME A REGISTERED VOTER --
OR RIGHT NOW, FIRST OFF, MOTOR VEHICLE IS ONLY OFFERING THE REGISTRATION.
IT'S OFFERING IT. IF ANY ONE OF YOU, AS ASSEMBLYPERSONS, HAD AN EVENT
AND YOU HAD A PILE OF REGISTRATION THERE, SOMEBODY COULD EASILY PICK
THAT UP AND ALSO FILL IT OUT FALSELY. THE FACT THAT IT'S ATTACHED TO THE
LICENSE IN -- TO GIVE THAT ARGUMENT, IS TO ASSUME THAT IMMIGRANTS WOULD
HAVE A PREDISPOSITION TO COMMIT THIS CRIME OF -- OF VOTER FRAUD. WE'VE
HEARD YESTERDAY IN COMMITTEE SOMEBODY BRING UP, DOES ANYTHING --
ANYTHING IN THIS BILL PREVENT SOMEBODY WITH A CRIMINAL RECORD FROM
APPLYING AND GETTING A LICENSE. WELL, A US CITIZEN WHO HAS A CRIMINAL
RECORD CAN APPLY AND GET A LICENSE. IT HAS NO RELEVANCE ON WHETHER THE
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NYS ASSEMBLY JUNE 12, 2019
PERSON CAN -- CAN DRIVE OR NOT. ANOTHER REOCCURRING THEME IS TERRORISTS.
ARE WE TO BELIEVE THAT THE POLICE, THAT THE FBI WOULD RATHER HAVE A
TERRORIST BE ANONYMOUS, OR HAVE A TOOL TO BE ABLE TO -- TO CATCH THAT
PERSON? BUT THE REAL UNDERLYING QUESTION IS, WHY ARE ALL THESE THEME --
THEMES COMING UP? AND THE REASON --
ACTING SPEAKER AUBRY: MR. --
MR. RAMOS: -- I'M ENDING NOW.
ACTING SPEAKER AUBRY: MR. --
MR. RAMOS: THE REASON IS --
ACTING SPEAKER AUBRY: -- RAMOS --
MR. RAMOS: -- BECAUSE IT'S TO GIVE THE IMPRESSION
THAT IMMIGRANTS HAVE A PREDISPOSITION --
ACTING SPEAKER AUBRY: SIR, HOW DO YOU
VOTE?
MR. RAMOS: -- TO BE VOTER FRAUD, CRIMINAL RECORDS
AND TERRORISTS --
ACTING SPEAKER AUBRY: MR. RAMOS, PLEASE --
MR. RAMOS: -- IN REPETITION.
I PROUDLY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. RAMOS IN THE
AFFIRMATIVE.
MR. FALL.
MR. FALL: THANK YOU, MR. SPEAKER. YOU KNOW, AS
THE FIRST-GENERATION AFRICAN-AMERICAN THAT COMES FROM AN IMMIGRANT
FAMILY AND THAT ALSO REPRESENTS A GREAT DEAL OF IMMIGRANT COMMUNITIES
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NYS ASSEMBLY JUNE 12, 2019
IN MY DISTRICT, THIS BILL IS NEAR AND DEAR TO OUR HEARTS. AND, YOU KNOW,
I ALSO WANTED TO REALLY GIVE A BIG SHOUT-OUT AND THANK THE SPONSOR FOR
HIS LEADERSHIP FOR HELPING TURN THIS VISION INTO A REALITY. THERE ARE
MANY PEOPLE THAT COME TO THIS WONDERFUL COUNTRY THROUGH THE LEGAL
ROUTES THAT ARE, YOU KNOW -- THEY HAVE THEIR WORKING PAPERS AND THEY
WERE JUST ONLY LOOKING FOR AN OPPORTUNITY TO HAVE A DRIVER'S LICENSE THAT
CAN HELP THEM ECONOMICALLY AND FOR A NUMBER OF OTHER REASONS.
ALMOST TWO DECADES AGO WHEN UNDOCUMENTED IMMIGRANTS WERE NO
LONGER PERMITTED TO OBTAIN A DRIVER LICENSE IN OUR STATE, I BELIEVE THAT
WAS A POLICY AT THE TIME THAT COULD ARGUABLY BE CONSIDERED SHORTSIGHTED
BECAUSE IT MADE OUR STREETS LESS SAFE. YOU KNOW, BECAUSE FOLKS WERE
DRIVING WITHOUT LICENSES, AND THEY WERE ALSO DRIVING WITHOUT INSURANCE.
AND SO, WITH THIS BILL, OUR STREETS WILL BE MORE SAFE, IMMIGRANT
COMMUNITIES WILL HAVE MORE OPPORTUNITIES TO THRIVE, AND OUR STATE WILL
GENERATE MILLIONS OF DOLLARS IN REVENUE. WHILE WE ARE NOT THE FIRST
STATE TO INTRODUCE OR VOTE ON SUCH A BILL, I BELIEVE THIS IS A STEP IN THE
RIGHT DIRECTION.
I WITHDRAW MY REQUEST AND WILL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. FALL IN THE
AFFIRMATIVE.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. I WITHDRAW
MY REQUEST SO I CAN EXPLAIN MY VOTE. IT'S A GREAT COUNTRY. AND PEOPLE
COME HERE FROM ALL OVER THE WORLD. AND AS I LOOK AROUND, THOSE OF YOU
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-- ALL OF US, I THINK, IF WE WERE NOT NATIVE BORN -- OR IF WE WERE NATIVE
BORN, RATHER, OUR ANTECEDENTS WERE NOT. AND THEY CAME HERE AND THEY
FREQUENTLY WERE NOT WELCOME. AND WE ARE FACED WITH AN APPALLING
SITUATION IN THE COUNTRY TODAY THAT SOMEHOW -- A COUNTRY THAT HAS
ALWAYS SAID HOW IT WELCOMES IMMIGRANTS, HAS SOMEHOW BEEN TURNED
INTO A COUNTRY AFRAID OF IMMIGRANTS. THIS COUNTRY'S STRENGTH IS OUR
DIVERSITY. PEOPLE COME HERE BECAUSE THEY WANT A BETTER LIFE. THEY
COME HERE AND MAKE OUR COUNTRY BETTER. GIVING UNDOCUMENTED
IMMIGRANTS THE OPPORTUNITY TO GET A DRIVER'S LICENSE IS JUST THE MOST
SMALL STEP WE CAN TAKE TOWARDS MAKING THEIR ABILITY TO PROVIDE FOR THEIR
FAMILY AND TO USE OUR ROADS SAFELY, IS JUST THE SMALLEST STEP. AND TO
HAVE SUCH A LONG DEBATE IS SORT OF SURPRISING, AND MAYBE A LITTLE
DISAPPOINTING.
BUT I DO WANT TO THANK THE SPONSOR. I WANT TO THANK
THE SPEAKER, AND I WANT TO THANK ALL THE ADVOCATES WHO HAVE WORKED SO
LONG AND HARD TO BRING US TO THIS POINT TODAY.
I WITHDRAW MY REQUEST AND PROUDLY VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. BARRON.
MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.
THE WORD "TERRORIST" WAS USED FREQUENTLY IN THIS DISCUSSION. I JUST
WANT TO INFORM PEOPLE THAT FROM 2008 TO 2016, THERE WERE 201 ACTS OF
PLOTS AND ATTACKS REGARDING TO TERRORISM. OF THAT, 115 OF THOSE ACTS
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WERE WHITE MALE, RIGHT-WING EXTREMISTS. TIMOTHY MCVEIGH, IN 1995,
BLEW UP A BUILDING IN OKLAHOMA THAT KILLED 168 PEOPLE AND INJURED
OVER 600-AND-SOME-ODD PEOPLE IN THE PROCESS. I DON'T WANT US TO LEAVE
HERE, WHEN WE'RE ALWAYS ASSOCIATING THE WORD "TERRORISM" WITH
IMMIGRATION THAT HAS A FACE OF BLACK AND BROWN. NO FORM OF TERRORISM
IS GOOD AND SHOULD BE ACCEPTED BY ANY HUMAN BEING CONCERNED ABOUT
LIFE. BUT WE SHOULD NOT ALLOW PEOPLE TO ALWAYS ASSOCIATE THAT WITH THE
FACE OF IMMIGRATION AND THE FACE OF BLACK AND BROWN PEOPLE.
SO, I WANT TO COMMEND THE SPONSOR ON THIS BILL. IT
WOULD HELP THE ECONOMY. IT WOULD HELP THOSE WHO ARE CONTRIBUTING
CULTURALLY, INTELLECTUALLY AND ECONOMICALLY TO THIS COUNTRY. GOOD JOB.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
MS. HYNDMAN.
MS. HYNDMAN: THANK YOU FOR ALLOWING ME TO
EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR FOR YOUR UNDYING PASSION
AND STAMINA TO WITHSTAND ALL OF THE QUESTIONS YOU RECEIVED THIS
AFTERNOON. I REMEMBER AS A -- AS A CHILD WATCHING MY PARENTS AND --
MY MOTHER A NURSE AND MY FATHER A CARPENTER, WERE ABLE TO LEAVE HOME,
UNDOCUMENTED, BUT HAD LICENSES BEFORE THE CHANGE WAS MADE. AND I
FEEL THAT WE HAVE TO REMEMBER THAT WE HAVE FAITH IN THE PEOPLE THAT
WORK IN THE DMV. WE HAVE EMPLOYEES RIGHT NOW IN THE STATE
EDUCATION DEPARTMENT THAT EVALUATE FOREIGN DOCUMENTS FOR DOCTORS, FOR
SURGEONS, FOR DENTISTS, SO THAT WHEN YOU GO UNDER THE KNIFE, YOU HOPE
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THAT THE PERSON THAT'S BEEN -- THAT'S DO -- PERFORMING THE PROCEDURE ON
YOU HAS BEEN EVALUATED. SO WHY WOULDN'T WE HAVE THE SAME FAITH IN
THOSE EMPLOYEES OF THE DMV? WE'RE TALKING ABOUT PEOPLE WHO -- WHO
CUT OUR GRASS, FIX OUR HAIR, BABYSIT OUR CHILDREN, TAKE CARE OF OUR SICK
AND OUR ELDERLY, BUILD OUR HOMES, PREPARE OUR MEALS IN THE THOUSANDS
OF RESTAURANTS THAT TAKE -- THAT ARE IN THE STATE OF NEW YORK. WE WANT
TO MAKE SURE THAT THEY CAN GET TO AND FROM WORK AND NOT HAVE TO TAKE
TIME AWAY FROM THEIR FAMILIES. BECAUSE NO ONE COMES HERE TO FLOUT THE
SYSTEM, THEY COME HERE FOR A BETTER LIFE. AND THAT'S WHAT THESE
IMMIGRANTS OR UNDOCUMENTED WILL BE DOING. MAKING SURE THEY CAN GET
TO WORK. TAKE CARE OF US AND OUR FAMILIES. MAKING SURE THERE'S A
PROCESS THAT WE WILL PUT IN PLACE THAT WE HAVE THE POWER TO DO IN THIS
ASSEMBLY TO MAKE SURE THAT THEY GO THROUGH THE NECESSARY
REQUIREMENTS TO OPERATE A VEHICLE IN THE STATE OF NEW YORK. THAT'S
WHAT WE'RE ASKING FOR. AND I JUST HOPE OUR COLLEAGUES ON THE OTHER
SIDE, IN THE OTHER HOUSE, WILL BE ABLE TO MAKE SURE THAT THEY HAVE THE
STRENGTH TO DO THIS HEAVY LIFT AND MAKE SURE THAT THEY'RE LICENSED IN THE
STATE OF NEW YORK.
AND WITH THAT, I WITHDRAW MY REQUEST AND VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE
AFFIRMATIVE.
MR. BUCHWALD.
MR. BUCHWALD: THANK YOU, MR. SPEAKER. MR.
SPEAKER, THERE'S BEEN A LOT OF DISCUSSION DURING THIS DEBATE ABOUT THE
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CONNECTION BETWEEN DRIVER'S LICENSES AND VOTING, AND SO I WANTED TO
PUT FORWARD WHAT I THINK IS A DEMONSTRABLE FACT THAT MAYBE WILL HELP
CLARIFY THINGS. I BELIEVE THERE ARE HUNDREDS OF THOUSANDS OF RESIDENTS
IN THE STATE OF NEW YORK WHO ARE LEGAL IMMIGRANTS, NOT US CITIZENS,
WOULD HAVE DRIVER'S LICENSES IN OUR STATE. AND I'VE HEARD NOTHING
ABOUT HOW THAT FACILITATED THEIR ABILITY TO VOTE, BECAUSE, OF COURSE, IT
DOESN'T. YOU CANNOT VOTE IF YOU ARE NOT A US CITIZEN. THAT -- THERE ARE
HUNDREDS OF THOUSANDS OF EXAMPLES, THEREFORE, OF SITUATIONS IN WHICH
HAVING A DRIVER'S LICENSE IS NOT CONNECTED TO THE RIGHT TO VOTE.
SO, SINCE I'VE HEARD NOTHING IN THIS DEBATE TO DISSUADE
ME FROM THE NOTION THAT THERE IS NO CONNECTION BETWEEN THE TWO, I
PROUDLY THANK THE SPONSOR FOR HIS PUTTING FORTH THIS LEGISLATION AND CAST
MY VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BUCHWALD IN THE
AFFIRMATIVE.
MR. MOSLEY.
MR. MOSLEY: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I WANT TO FIRST AND FOREMOST THANK OUR COLLEAGUE, OUR BILL
SPONSOR BOTH -- IN BOTH CHAMBERS. I WANT TO THANK OUR SPEAKER, AND I
WANT TO THANK ALL COLLEAGUES, BOTH PAST AND PRESENT, WHO HAVE WORKED
ON THIS IMPORTANT PIECE OF LEGISLATION. DR. KING SO NOTED THAT, THE ARC
OF THE MORAL UNIVERSE IS LONG, BUT IT BENDS TOWARDS JUSTICE. BUT THE ONE
THING THAT HE DOES NOT DISTINGUISH IS THAT HOW DOES IT BEND? IT BENDS
THROUGH THE CONSCIENCE -- THE GOOD CONSCIENCE OF MEN AND WOMEN TO
DO WHAT IS RIGHT. YOU KNOW, WE OFTEN THROW AROUND THE MONICKER THAT
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THIS LEGISLATIVE BODY IS THE PEOPLE'S HOUSE. AND OFTEN WE TEND TO
FORGET THAT IT'S THE PEOPLE WHOM WE REPRESENT, REGARDLESS OF THEIR POINT
OF DESTINATION, REGARDLESS OF THEIR STATUS. AND ULTIMATELY, WE
UNDERSTAND THAT THESE ARE INDIVIDUALS WHO ARE A PART OF OUR ECONOMY.
THEY ARE ON OUR FARMS. THEY ARE IN OUR HOMES. THEY ARE IN OUR
SCHOOLS. BUT YET, WE DON'T WANT TO GIVE THEM THE PRIVILEGE THAT ANY
NEW YORKER SO RIGHTFULLY DESERVES AND NEEDS IN AN EFFORT TO
MATRICULATE THROUGH THIS ECONOMY AND THROUGH OUR SOCIETY. YOU KNOW,
THESE ARE MEN WHO FIGHT IN OUR BATTLEFIELDS, LOSE THEIR LIVES FOR THIS
COUNTRY IN AN EFFORT TO PRESERVE OUR PRINCIPLES. THESE ARE MEN AND
WOMEN WHO HAVE -- SOME HAVE MADE THE ULTIMATE SACRIFICE, BUT YET, WE
CAN'T GIVE THEM THE PRIVILEGE TO DRIVE IN NEW YORK STATE. WE
UNDERSTAND THE BENEFITS, THE ECONOMIC BENEFITS, THE SOCIAL BENEFITS, THE
SAFETY BENEFITS. BUT IF WE'RE TRULY ABOUT BEING -- ABOUT BEING THE
PEOPLE'S BUSINESS, LET US SPEAK TO OUR CONSCIENCE. LET US ADHERE TO OUR
CONSCIENCE TO DO WHAT IS RIGHT. BECAUSE IF THAT'S NOT THE CASE, WHY ARE
WE HERE, COLLEAGUES? WHY ARE WE HERE PROCLAIMING TO BE ABOUT THE
PEOPLE AND YET NOT DOING THE PEOPLE'S BUSINESS?
SO I STAND PROUDLY IN SUPPORT OF THIS PIECE OF THIS
LEGISLATION. (SPEAKING FOREIGN LANGUAGE)
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. -- MR. MOSLEY IN
THE AFFIRMATIVE.
MS. FAHY.
MS. FAHY: THANK YOU, MR. SPEAKER, FOR ALLOWING
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ME TO RISE TO EXPLAIN MY VOTE. THIS DEBATE HAS BEEN CERTAINLY A
DIFFICULT ONE AND IT'S BEEN QUITE A LONG ROAD. AND I KNOW THE ONE THING
THAT BOTH SIDES HAVE AGREED ON, AND I FULLY AGREE WITH, IS THAT PART OF
THE REASON WE'RE IN THIS -- THIS -- WE'RE FACED WITH THIS IS BECAUSE WE
DESPERATELY NEED IMMIGRATION REFORM RIGHT ACROSS THE BOARD. BUT WE
HAVE A CONGRESS AND A -- AND A FEDERAL GOVERNMENT THAT IS COMPLETELY
PARALYZED, AND IN THE MEANTIME WE NEED TO -- TO KEEP MOVING FORWARD.
I TEND TO TAKE A VERY BROAD LENS OF -- OR CAREFUL LENS TO BILLS SUCH AS
THIS, AND I'VE WORKED CLOSELY WITH THE SPONSOR AND APPRECIATE HIS
RESPONSIVENESS. I'M FIRST GENERATION, I'M THE DAUGHTER OF IMMIGRANTS
AND I ALWAYS REMIND MYSELF, THERE, BUT FOR THE GRACE OF GOD, GO I. I
DO BELIEVE THAT THIS BILL, IN THE END, REALLY DOES ASSIST US WITH ROAD
SAFETY, WHICH IS A BIG ISSUE IN UPSTATE IN PARTICULAR. IT ALSO ALLOWS -- IT
ALLOWS FOR BETTER INSURANCE COVERAGE, WHICH IS CRITICALLY IMPORTANT ON
UPSTATE ROADS. I TALK A LOT ABOUT IMPAIRED DRIVING AND MY CONCERNS,
AND WE WANT TO DO ALL WE CAN TO HAVE SAFER ROADS, SAFER DRIVERS, AS WELL
AS BETTER INSURED DRIVERS. AND WE HAVE MORE FARM WORKERS UP HERE
WHO NEED ACCESS AND DON'T HAVE THAT TYPE OF ACCESS TO PUBLIC TRANSIT.
THERE ARE OTHER STATES THAT HAVE DONE THIS. THERE IS A PRECEDENCE FOR
THIS PRIOR TO 9/11. I ALSO BELIEVE -- I HAD A NUMBER OF CONCERNS WHERE
THE SPONSOR WAS VERY RESPONSIVE TO -- TO THOSE CONCERNS. AND SOME OF
THOSE WERE ON LAW ENFORCEMENT ACCESS TO -- TO RECORDS, AS WELL AS
STRONGER DOCUMENTATION. AND I HAVE BEEN VERY CONCERNED ABOUT SOME
OF THE TACTICS OF ICE IN UPSTATE NEW YORK, LET ALONE THROUGHOUT THE
STATE. SO WHILE WE NEED ACCESS FOR LAW ENFORCEMENT, I ALSO UNDERSTAND
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NYS ASSEMBLY JUNE 12, 2019
THE NEED FOR PROTECTIONS, GIVEN THE OVERREACH OF ICE IN SOME RATHER
HORRIFIC INCIDENCES IN RECENT TIMES. I ALSO APPRECIATE THE FONT CHANGE,
AND COMMEND THE SPONSOR AND THE SPEAKER --
ACTING SPEAKER AUBRY: MS. FAHY --
MS. FAHY: -- AND I VOTE IN THE AFFIRMATIVE. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
AFFIRMATIVE.
MR. RIVERA.
MR. RIVERA: THANK YOU, MR. SPEAKER. WHEN I
SPOKE EARLIER - AND I WANT TO BE AS QUICK AS POSSIBLE - WHEN I SPOKE
EARLIER, THERE'S HUNDREDS OF THOUSANDS OF PEOPLE WATCHING WHAT'S GOING
ON HERE TODAY, THANKS TO TRANSPARENCY. BECAUSE YEARS AGO, WE MADE
SURE THAT WE HAVE TRANSPARENCY BECAUSE WE GOT FOUR TV CAMERA AIMED
AT EACH AND EVERY ONE OF US. SO, PEOPLE OUT THERE KNOW WHERE WE
STAND. MR. SPEAKER, BUT AT THIS MOMENT, VERY QUICKLY, I WANT TO
EXPRESS MY GRATITUDE TO OUR LEADER, MARCOS CRESPO. (SPEAKING FOREIGN
LANGUAGE) TRANSLATION: I JUST SPOKE IN THE FIRST EUROPEAN LANGUAGE
SPOKEN IN THE UNITED STATES OF AMERICA. AND WHEN THOSE PEOPLE
TRAVEL FROM NEW YORK WITH THEIR FAMILY OUT WEST LOOKING FOR A BETTER
OPPORTUNITY ON COVERED WAGONS, THE MEXICAN MADE A MISTAKE: THEY
DIDN'T ASK THEM, WHERE IS YOUR DRIVER'S LICENSE? THEY DIDN'T ASK THEM,
DO YOU SPEAK SPANISH? ALL RIGHT? NEITHER DID THE AMERICAN -- NATIVE
AMERICANS IN THIS COUNTRY.
SO, I CONGRATULATE MY SPEAKER, LOOKING AT US IN
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ACTION. THANK YOU, MR. SPEAKER. THANK YOU, MARCOS CRESPO. THANKS
ALL OF YOU FOR MAKING IT CLEAR THAT THIS BODY -- AND WHAT GOT ME ANGRY,
AND I'M STILL ANGRY, IS BECAUSE WHEN I SPOKE -- WHEN I SPOKE, I SAW
THIS: JAY JACOBS TO SENATE DEMOCRATS: DON'T VOTE ON DRIVER LICENSES
AND MARIHUANA THIS YEAR. THAT IS NOT ACCEPTABLE. THIS WAS SENT TO ME
BY LUIS MENDEZ, FROM (INAUDIBLE), WHO'S WATCHING US FROM
HEMPSTEAD, LONG ISLAND. HUNDREDS OF THOUSAND OF LATINO --
ACTING SPEAKER AUBRY: MR. --
MR. RIVERA: -- HEMPSTEAD, LONG ISLAND AREA --
ACTING SPEAKER AUBRY: MR. --
MR. RIVERA: -- ARE WATCHING US.
ACTING SPEAKER AUBRY: MR. RIVERA, HOW DO
YOU VOTE, SIR?
MR. RIVERA: HOW DO I VOTE? OH. OH.
(LAUGHTER)
THANK YOU, MR. SPEAKER. OF COURSE I'M GOING TO VOTE
YES. (SPEAKING FOREIGN LANGUAGE) --
ACTING SPEAKER AUBRY: MR. --
(APPLAUSE - CHEERS)
MR. RIVERA IN THE AFFIRMATIVE.
MR. OTIS.
MR. OTIS: THANK YOU -- THANK YOU, MR. SPEAKER. I
WANT TO CONGRATULATE MR. CRESPO FOR HOURS OF ANSWERS THAT HE GAVE
WITH GREAT EASE. HE WAS NOT STUMPED ONCE. HE HAS RESEARCHED THE
ISSUE COMPLETELY. AND SO IT POINTS UP THE FACT THAT THIS IS SOMETHING
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NYS ASSEMBLY JUNE 12, 2019
THAT SHOULD HAVE BEEN DONE YEARS AGO. THIS IS A SIMPLE MATTER OF
PUBLIC SAFETY. PEOPLE THAT DRIVE IN THIS STATE SHOULD BE -- HAVE A
LICENSE, SHOULD BE TRAINED, SHOULD TAKE THE TEST. AND WE'RE HERE TODAY
-- A LONG DEBATE -- BUT YEARS TOO LATE. IT ALSO SPEAKS TO HUMAN DIGNITY.
BECAUSE THE REASON WHY THIS DIDN'T HAPPEN SOONER IS CONFUSION OVER
HUMAN DIGNITY, AND THE FACT THAT WE OWE THAT TO EVERYBODY WHO IS A
RESIDENT OF THIS STATE. AND THIS IS ONE WAY WE CAN COMMUNICATE THAT.
I WANT TO THANK THE SPEAKER. I WANT TO THANK
FRANCISCO MOYA, THE PREVIOUS SPONSOR OF THIS BILL. BUT I ESPECIALLY
WANT TO THANK THE ADVOCATES WHO HAVE GONE FROM TOWN TO TOWN ACROSS
THIS STATE, ACTIVELY SPEAKING TO POLICE DEPARTMENTS, SPEAKING TO
EDUCATORS, SPEAKING TO COMMUNITIES ALL OVER THIS STATE TO EXPLAIN WHY
THIS IS NEEDED. THANK YOU FOR YOUR ADVOCACY, BECAUSE YOUR ADVOCACY
IS WHAT BRINGS US HERE TODAY WITH THIS SUCCESSFUL VOTE.
I VOTE AYE.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
AFFIRMATIVE.
MR. GOTTFRIED.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU
KNOW, TODAY'S DEBATE WAS ENORMOUSLY ENRICHED BY THE PERSONAL FAMILY
STORIES OF SO MANY OF OUR COLLEAGUES. IF WE HAD HAD THIS DEBATE A
DOZEN YEARS AGO WHEN THIS CONCEPT WAS FIRST ADVANCED IN NEW YORK,
WE WOULD NOT HAVE HAD THAT DEBATE, BECAUSE OUR MEMBERSHIP TODAY IS
SO MUCH MORE DIVERSE THAN IT WAS JUST 10 OR 12 YEARS AGO. AND I THINK
TODAY'S DEBATE IS A FINE EXAMPLE OF WHY WE NEED TO BE PLEASED AND TO
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NYS ASSEMBLY JUNE 12, 2019
CELEBRATE THAT GROWTH IN THE DIVERSITY OF OUR MEMBERSHIP.
AND I'M DELIGHTED TO JOIN WITH ALL THE REST OF MY
COLLEAGUES IN VOTING YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
MR. PERRY.
MR. PERRY: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. THE PEOPLE SEND US HERE, MR. SPEAKER, TO
MAKE COMMONSENSE DECISIONS. TO MAKE DECISIONS BASED ON FACTS AND
REASON, AND NOT TO ALLOW OUR PREJUDICES AND OUR AFFAIRS OF EACH OTHER TO
CLOUD OUR REASONING. FEAR OF PEOPLE WHO DON'T LOOK EXACTLY LIKE US
AND FEAR OF JUST LETTING GO AND GIVING POOR PEOPLE WHO NEED A CHANCE
JUST A LITTLE HELP TO ACHIEVE THEIR DREAMS. PEOPLE SEEKING FREEDOM AND
OPPORTUNITY SHOULD NOT ALWAYS HAVE TO CLIMB OVER A WALL TO REALIZE
THEIR DREAM. THIS BILL IS APTLY CALLED THE "GREEN LIGHT BILL", BECAUSE
THE CURRENT POLICY SEEMS TO BE NOTHING MORE THAN JUST A BIG STOP SIGN IN
THEIR ROAD TO A BETTER LIFE. WHEN WE VOTE YES TODAY, MR. SPEAKER, WE
WILL OPEN THAT ROAD. WE WILL REMOVE THAT WALL THAT STANDS IN THEIR WAY.
I VOTE YES FOR THE GREEN LIGHT BILL. I CONGRATULATE THE
SPONSOR WHO WORKED SO HARD, ALL THOSE WHO HAVE WORKED SO HARD OVER
THE YEARS TO BRING ATTENTION TO THIS MATTER AND TO GET THIS BILL TO THE
FLOOR. I THANK THE SPEAKER FOR ALLOWING US TO VOTE ON IT TODAY, AND I
THANK ALL OF MY COLLEAGUES WHO ARE MAKING THE RIGHT DECISION TO VOTE
YES, AND I VERY PROUDLY CAST MY VOTE YES. LET'S MOVE THAT RED LIGHT --
ACTING SPEAKER AUBRY: MR. --
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NYS ASSEMBLY JUNE 12, 2019
MR. PERRY: -- OUT OF THE WAY AND GO GREEN FOR
THOSE PEOPLE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. PERRY IN THE
AFFIRMATIVE.
MR. BLAKE.
MR. BLAKE: THANK YOU, MR. SPEAKER. FIRST TO
COMMEND THE SPONSOR FOR HIS LEADERSHIP AND ENDURANCE, NOT JUST TODAY,
BUT CONSISTENTLY AMONG, CLEARLY, A FLURRY OF LANGUAGE THAT WAS
DISCRIMINATORY. MR. SPEAKER, WE COME HERE AT THIS MOMENT AS A SON OF
IMMIGRANT, WHICH I REMIND ALL OF US, UNLESS WE ARE NATIVE AMERICAN,
WE SHOULD RECOGNIZE THE IMPORTANCE OF THAT. A TRAFFIC STOP SHOULD NOT
BE THE REASON WHY YOUR LIFE IS AT RISK. AND FOR THOSE THAT HAVE BEEN
TALKING ABOUT JUSTICE, I WOULD REMIND US TO LOOK THAT IN 2015 THERE WAS
A SUPREME COURT RULING IN RODRIGUEZ V. THE UNITED STATES, IN WHICH
BY A SIX TO THREE MARGIN, THE SUPREME COURT RULED THAT A TRAFFIC STOP
SHOULD NOT BE EXTENDED JUST FOR UNREASONABLE CAUSE, WHICH, QUITE
FRANKLY, HAPPENS REPEATEDLY FOR PEOPLE THAT ARE TRYING TO COME OUT OF
SHADOWS AND LIVE OUT THEIR PROMISE IN LIFE. IMMIGRANTS ARE NOT
TERRORISTS, THEY SCHOLARS. IMMIGRANTS ARE NOT HERE COMMITTING VOTER
FRAUD, THEY ARE LEADERS. WE LOOK FORWARD TO BECOMING THE 13TH STATE
TO MAKE THIS A REALITY, MR. SPEAKER. AND I ALWAYS WANT TO REMIND ALL
THOSE THAT ARE IN OPPOSITION WHENEVER WE TALK ABOUT THIS FROM A FAITH
PERSPECTIVE, NEVER FORGET THAT JESUS WAS AN IMMIGRANT WHO HAD TO
TRAVEL, AND NEVER FORGET THE REALITY AT ROMANS 13:10, STEERLICK
(PHONETIC) SAYS: LOVE DOES NO HARM TO THE LABOR -- TO THE NEIGHBOR,
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NYS ASSEMBLY JUNE 12, 2019
LOVE IS THE FULFILLMENT OF THE LAW.
I AM PROUD TO STAND AND VOTE AYE FOR THIS LEGISLATION
FOR US TO MAKE SURE THAT WE GIVE ACCESS FOR DRIVER'S LICENSES AND
PROVIDE GREEN LIGHT OPPORTUNITIES FOR OUR SISTERS AND BROTHERS THAT ARE
COMING OUT OF THE SHADOWS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BLAKE IN THE
AFFIRMATIVE.
MR. DINOWITZ.
MR. DINOWITZ: THANK YOU. I KNOW FOR SOME
PEOPLE THIS IS A -- A TOUGH BILL. I'M ACTUALLY NOT SURE WHY, BECAUSE TO
ME IT'S A NO-BRAINER. THERE ARE PEOPLE DRIVING, AND I WOULD THINK WE
WOULD WANT PEOPLE WHO ARE DRIVING TO GET A LICENSE, TO TAKE A TEST, TO
PASS A TEST AND TO DRIVE SAFELY. TO GET INSURANCE AND TO -- AND TO BE
ABLE TO DRIVE SAFELY WITH THAT INSURANCE. I WOULD THINK WE WOULD WANT
PEOPLE WHO WORK TO BE ABLE TO GET TO WORK, WE WOULD WANT PEOPLE
WHO NEED TO GO TO THE DOCTOR TO GET TO THE DOCTOR, AND TO TAKE THEIR KIDS
TO SCHOOL. THIS BILL IMPROVES SAFETY. I'LL BE HONEST. I ACTUALLY THINK IT'S
MEAN NOT TO -- NOT TO ALLOW UNDOCUMENTED IMMIGRANTS THE ABILITY TO
ATTEMPT TO GET A LICENSE. AND FROM WHAT I'VE SEEN ON THE ROAD -- AND
WE ALL DRIVE, OR MOST OF US DRIVE -- THERE ARE A WHOLE LOT OF PEOPLE ON
THE ROAD RIGHT NOW WHO HAVE LICENSES WHO DON'T BELONG THERE. THAT'S
THE REALITY. I DIDN'T GET MY LICENSE UNTIL I WAS 30. NOT EVERYBODY GETS
LICENSES SO QUICKLY. BUT IF PEOPLE WANT TO LIVE A DECENT LIFE AND BE
ABLE TO GO TO THE DOCTOR AND GO TO WORK AND TAKE THEIR KIDS TO SCHOOL,
WE WANT THEM TO BE ABLE TO PASS A TEST AND TO BE ABLE TO DRIVE SAFELY.
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NYS ASSEMBLY JUNE 12, 2019
AND I HAVE TO AGREE WITH ONE OF MY COLLEAGUES WHO'S NOT SITTING THERE
AT THE MOMENT, WE KNOW WHAT THE FACE OF TERRORISM IN THIS COUNTRY IS,
AND IT'S NOT THE FACE OF AN UNDOCUMENTED IMMIGRANT. AND WE ALL KNOW
THAT TO BE A REALITY. SO, LET'S BE HONEST ABOUT IT. AND I'VE NEVER SEEN
THE SLIGHTEST EVIDENCE OF VOTER FRAUD BY IMMIGRANTS WHO WERE EITHER
NONCITIZENS OR UNDOCUMENTED AT ALL. IT JUST DOESN'T EXIST. IT'S A RED
HERRING, IT'S JUST NOT TRUE.
SO, I THINK THAT VOTING FOR THIS BILL IS THE RIGHT THING TO
DO. AND I JUST WANT TO SAY THANK YOU TO THE SPONSOR WHO LASTED TO, I
WOULD SAY, DENNY FARRELL LENGTHS TODAY, IN STANDING UP AND DEBATING
AND EXPLAINING. HE DID A GREAT JOB. AND THANK YOU TO THE SPEAKER,
AND I PROUDLY CAST MY VOTE YES.
ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE
AFFIRMATIVE.
MR. JACOBSON.
MR. JACOBSON: THANK YOU FOR THE OPPORTUNITY TO
EXPLAIN MY VOTE. TO ME, THIS WAS A VERY SIMPLE ISSUE OF SAFETY. I WANT
EVERYBODY LICENSED AND EVERYBODY INSURED. THE DISTRICT I REPRESENT
DOES NOT HAVE SUBWAYS. WE HAVE LIMITED BUSES. AND PEOPLE WHO --
THAT WILL GET THE LICENSES, MOST OF THEM ARE ALREADY DRIVING. BUT I WANT
PEOPLE TO BE LICENSED AND INSURED, AND I THINK IT'S AS SIMPLE AS THAT.
I WANT TO COMMEND THE SPONSOR FOR WORKING SO HARD
AND DOING SO WELL IN THE DEBATE. AND FOR THOSE THAT HAVE CONCERNS,
REMEMBER, 12 YEARS AGO, COMPARED TO THEN, WE HAVE DIFFERENT LICENSES
NOW. YOU HAVE THE STANDARD LICENSE, WHAT THIS BILL IS ABOUT. YOU
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NYS ASSEMBLY JUNE 12, 2019
CANNOT USE IT TO GET ON A PLANE. YOU NEED THE ENHANCED LICENSE. AND
-- AND THE PEOPLE GETTING -- THAT WILL BE BENEFITTING FROM THIS BILL
CANNOT GET THE ENHANCED LICENSE.
SO, TO ME, IT'S A MATTER OF SAFETY. I WANT EVERYBODY
INSURED. AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. JACOBSON IN THE
AFFIRMATIVE.
MR. LAVINE.
MR. LAVINE: THANK YOU, MR. SPEAKER. WE CANNOT
LIVE IN THE WORLD OF ALTERNATIVE REALITY AND HOPE TO BE EFFECTIVE
LEGISLATORS. AND THIS IS REALITY. THE PEW RESEARCH CENTER TELLS US THAT
NEW YORK STATE IS HOME TO THREE-QUARTERS OF A MILLION, 750,000 PEOPLE
WITHOUT DOCUMENTATION. OF THAT NUMBER, 250,000 LIVE IN THE SUBURBS
WHICH I REPRESENT AND THE EXURBS OF OUR METROPOLITAN REGIONS. THEY
ARE A LARGE PART OF OUR NEW YORK ECONOMY, AND OF THAT THERE IS NO
DOUBT AND CAN BE NO DOUBT. I'VE LISTENED TO THE DEBATE AND I WORRY. I
WORRY WHEN THE SYMBOLISM SURROUNDING A CHALLENGE BEGINS TO TAKE ON
MORE SIGNIFICANCE THAN THE CHALLENGE ITSELF. AND I ALSO WORRY BECAUSE
TO DENY THAT MANY OF OUR NEIGHBORS THE OPPORTUNITY TO DRIVE DOES
NOTHING MORE THAN TO ENABLE AN UNDERGROUND ECONOMY AND TO DEMEAN
750,000 PEOPLE. GREAT NATIONS FAIL WHEN THEY DENY REALITY. AMERICA IS
A GREAT NATION, AND NEW YORK IS A GREAT STATE.
I'M GOING TO VOTE YES, AND I WANT TO THANK THE
SPEAKER. AND TO THE SPONSOR - AND I SAY THIS AS SOMEONE WHO GREW UP
IN AN IMMIGRANT HOME, AN IMMIGRANT HOME THAT WAS NOT ALWAYS VALUED
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NYS ASSEMBLY JUNE 12, 2019
BY ALL OF OUR NEIGHBORS - SO TO THE SPONSOR, MUCHAS GRACIAS, CABALLERO.
MY VOTE IS YES.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MRS. GALEF.
MRS. GALEF: MY SPANISH ISN'T SO GOOD.
(LAUGHTER)
ANYWAY, I'D LIKE TO COMMEND THE SPONSOR OF THIS
LEGISLATION. YOU DID A FANTASTIC JOB OF DEBATING IT. I ACTUALLY LEARNED
MORE ABOUT IMMIGRATION LAW THAN I HAD BEFORE. I'D JUST LIKE TO SAY THAT
I WAS AN INDIVIDUAL LEGISLATOR THAT DID NOT SUPPORT THIS A NUMBER OF
YEARS AGO. I OPPOSED THE LEGISLATION, AND I BELIEVE THAT MY CONSTITUENTS
DID, ALSO. BUT OVER TIME, THE BILL HAS CHANGED AND WE MADE SURE THAT IN
THE LEGISLATION PEOPLE ARE GOING TO TAKE A WRITTEN TEST AND A ROAD TEST,
AND THAT REALLY IS IMPORTANT FOR THE PEOPLE THAT ARE GOING TO BE ON OUR
HIGHWAYS DRIVING CARS. ALTHOUGH I BELIEVE THAT THEY -- MANY PEOPLE
ARE THERE RIGHT NOW AND WE NEED TO BE SURE EVERYBODY IS SAFE.
BUT I WANT TO SAY WITHIN MY OWN COMMUNITY OF
OSSINING, THEY -- THE VILLAGE OF OSSINING PASSED A RESOLUTION VERY
MUCH IN FAVOR OF THIS. THE OSSINING POLICE CHIEF CAME OUT IN FAVOR OF
THIS BECAUSE IT IS A SAFETY ISSUE. AND THEY HAVE ACTUALLY BEEN
SPOKESPEOPLE THROUGHOUT WESTCHESTER COUNTY ON THE POSITION. I'VE
HAD A LOT OF PEOPLE IN MY OFFICE ON THIS ISSUE, PROBABLY MORE THAN
SOME OTHER ISSUES. AT MY TOWN MEETINGS, PEOPLE HAVE SPOKEN OUT VERY
MUCH IN FAVOR OF THE LEGISLATION. AND AS A CONCLUSION TO IT, I ACTUALLY,
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NYS ASSEMBLY JUNE 12, 2019
IN MY LAST NEWSLETTER DID -- OR MY NEXT TO THE LAST, I ASKED PEOPLE IN MY
DISTRICT -- I DO A QUESTIONNAIRE. AND I ASKED PEOPLE HOW THEY FELT ABOUT
THIS LEGISLATION. AND FRANKLY, I WAS SURPRISED. FIFTY-EIGHT PERCENT OF
THE PEOPLE WHO RESPONDED TO MY QUESTIONNAIRE - WHICH WAS ABOUT
1,000 PEOPLE - SAID YES, THEY SUPPORT IT. AND I THINK OVER TIME, PEOPLE
HAVE JUST CHANGED, THEY RECOGNIZE THAT THERE IS A CHANGING WORLD. WE
NEED TO GET ON WITH THOSE CHANGES AND -- AND BE SURE THAT EVERYBODY
THAT IS ON A ROAD IS DRIVING SAFELY. AND, IN FACT, I THINK WE ALSO NEED --
ACTING SPEAKER AUBRY: MRS. --
MRS. GALEF: -- TO TAKE TESTS PERIODICALLY, SO WE DO
THE SAME. I WILL BE VOTING YES. THANK YOU.
ACTING SPEAKER AUBRY: MRS. GALEF IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE/CHEERS).
MRS. PEOPLES-STOKES: MR. SPEAKER. MR.
SPEAKER.
(CHANTING/CHEERS)
ACTING SPEAKER AUBRY: THANK YOU. THANK
YOU. THANK YOU. GRACIAS. THANK YOU. THANK YOU. SILENCIAR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, LET ME TAKE
THIS OPPORTUNITY TO CONGRATULATE ALL OF MY COLLEAGUES, THE SPONSOR OF
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THE LEGISLATION, AS WELL AS MY COLLEAGUES ON THE OTHER SIDE WHO HAD
QUESTIONS AND ALL OF THOSE WHO VOTED IN SUPPORT OF THIS ISSUE. TODAY
WE HAVE MADE SOME REALLY GREAT HISTORY, AS WE HAVE IN THE PAST, AND
I'M REALLY VERY PROUD OF EVERYBODY IN THE CHAMBERS [SIC]. THANK YOU.
MR. SPEAKER, WE NEED TO ADVANCE OUR A-CALENDAR.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. IF YOU COULD
CALL ON MR. OTIS FOR AN ANNOUNCEMENT.
ACTING SPEAKER AUBRY: MR. OTIS FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MR. OTIS: THANK YOU, MR. SPEAKER. THERE WILL BE
AN IMMEDIATE MEETING OF THE DEMOCRATIC CONFERENCE IN THE SPEAKER'S
CONFERENCE ROOM IMMEDIATELY FOLLOWING THE CLOSURE OF SESSION
MOMENTARILY.
ACTING SPEAKER AUBRY: DEMOCRATIC
CONFERENCE, SPEAKER'S CONFERENCE ROOM FOLLOWING SESSION.
MRS. PEOPLES-STOKES, WE DO HAVE SOME --
MRS. PEOPLES-STOKES: MR. SPEAKER, WE HAVE
ONE MORE PERSON YOU NEED TO CALL ON, MR. CROUCH.
ACTING SPEAKER AUBRY: SHH, LADIES AND
GENTLEMEN.
MR. CROUCH.
MR. CROUCH: THANK YOU, MR. SPEAKER. THERE WILL
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NYS ASSEMBLY JUNE 12, 2019
BE AN IMMEDIATE REPUBLICAN CONFERENCE IN THE PARLOR.
ACTING SPEAKER AUBRY: IMMEDIATE
REPUBLICAN CONFERENCE IN THE PARLOR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: YES, WE DO. AND I
WILL GO THROUGH THEM.
ON THE MAIN CALENDAR, ON A MOTION BY MR. DINOWITZ,
PAGE 36, CALENDAR NO. 252, BILL NO. 5776-A, AMENDMENTS ARE
RECEIVED AND ADOPTED.
ON A MOTION BY MS. SOLAGES, ON THE MAIN CALENDAR,
PAGE 34, CALENDAR NO. 228, BILL NO. 2317, AMENDMENTS ARE RECEIVED
AND ADOPTED.
ON A MOTION BY MR. ZEBROWSKI, PAGE 38, CALENDAR
NO. 282, BILL NO. 1881, AMENDMENTS ARE RECEIVED AND ADOPTED.
ALSO, ON THE MAIN CALENDAR, MS. MCMAHON, PAGE 23,
RULES REPORT NO. 166, BILL NO. 7432-A, AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON THE A-CALENDAR, ON A MOTION BY MS. WALKER, PAGE
10, RULES REPORT NO. 208, BILL NO. 7981, AMENDMENTS ARE RECEIVED
AND ADOPTED.
ON BEHALF OF MS. PHEFFER AMATO, BILL NO. 1801-A,
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
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NYS ASSEMBLY JUNE 12, 2019
THE CLERK: AN ACT TO AMEND THE EDUCATION LAW.
ACTING SPEAKER AUBRY: THE CLERK WILL READ
-- THE CLERK WILL -- MOTION TO RECONSIDER THE VOTE BY WHICH THE BILL
PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
WE HAVE NUMEROUS FINE RESOLUTIONS. WE WILL TAKE
THEM UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 544-551
WERE UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY
JUNE THE 13TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 5:40 P.M., THE HOUSE STOOD ADJOURNED
UNTIL THURSDAY, JUNE 13TH AT 10:00 A.M., THAT BEING A SESSION DAY.)
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