TUESDAY, JANUARY 26, 2021 2:33 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, JANUARY 25TH.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY JANUARY 26, 2021

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

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

THE 25TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. TO COLLEAGUES WHO ARE IN THE CHAMBERS AND/OR IN THEIR

DISTRICT OFFICES AND/OR LOB OFFICES, I WANT TO CERTAINLY BE GRATEFUL THAT

WE'RE ALL HERE TODAY. I WOULD LIKE TO SHARE WHAT THE SCHEDULE IS FOR THE

DAY, BUT BEFORE I DO THAT, MR. SPEAKER, I WOULD LIKE TO SHARE THE FINAL

QUOTE FROM DR. KING IN THE MONTH OF JANUARY, WHERE WE'VE BEEN

HONORING HIM ALL MONTH. MARTIN LUTHER KING, JR. WAS AN AMERICAN

BAPTIST MINISTER AND AN ACTIVIST. TODAY HE'S SHARING WITH US: THE TIME

IS ALWAYS RIGHT TO DO WHAT'S RIGHT.

WITH THAT, MR. SPEAKER, I WOULD SAY THAT MEMBERS

HAVE ON THEIR DESK THE MAIN CALENDAR AND A SEVEN-BILL A-CALENDAR.

MR. SPEAKER, I NOW MOVE TO ADVANCE THAT A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

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

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. OUR PRINCIPAL WORK TODAY WILL COME FROM THAT A-CALENDAR,

BUT BEFORE WE DO THAT, WE WOULD LIKE TO TAKE UP RESOLUTIONS ON THE

MAIN CALENDAR, INCLUDING THE ONE THAT'S COMMEMORATING THE HOLOCAUST

NYS ASSEMBLY JANUARY 26, 2021

REMEMBRANCE DAY IN WHICH MS. ROZIC IS HERE TO SPEAK, AND OTHERS

WILL SPEAK AS WELL, MR. SPEAKER. IMMEDIATELY FOLLOWING SESSION, THERE

WILL BE A NEED FOR A MAJORITY CONFERENCE AND, AS ALWAYS, WE WILL TALK

WITH OUR COLLEAGUES ON THE OTHER SIDE TO SEE IF THEY HAVE NEED FOR A

CONFERENCE, AS WELL. IF WE NOW, MR. SPEAKER, IF YOU HAVE ANY

INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: NO INTRODUCTIONS OR

HOUSEKEEPING. WE WILL GO TO THE RESOLUTIONS ON PAGE 3.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 23, MS.

ROZIC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JANUARY 27TH, 2021 AS HOLOCAUST

REMEMBRANCE DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

MS. ROZIC.

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

MAJORITY LEADER. TOMORROW, JANUARY 27TH, MARKS THE 76TH

ANNIVERSARY OF THE DAY THAT AUSCHWITZ-BIRKENAU, THE LARGEST NAZI

DEATH CAMP WHERE 1.1 MILLION PEOPLE WERE KILLED, WAS LIBERATED IN

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

REMEMBRANCE DAY, A DAY WHEN WE RECOGNIZE AND REMEMBER THE SIX

MILLION JEWS AND MILLIONS OF OTHER MINORITY GROUPS, INCLUDING THE

DISABLED AND MEMBERS OF THE LGBTQ COMMUNITY, WHO WERE

MURDERED IN THE HOLOCAUST.

NYS ASSEMBLY JANUARY 26, 2021

LAST YEAR AFTER RETURNING FROM A NEW YORK DELEGATION

TO POLAND, I SPOKE ON THIS DAY AND I MENTIONED THE NEED TO TAKE THE

RISE IN ANTI-SEMITISM IN THE UNITED STATES SERIOUSLY BEFORE IT GETS

WORSE. I SPOKE ABOUT THE NEED FOR EDUCATION INITIATIVES AND

COMMUNITY ACTION. A YEAR LATER, IT'S SAD TO REPORT THAT WE HAVE LITTLE TO

SHOW FOR OURSELVES, ASIDE FROM A 12 PERCENT INCREASE IN ANTI-SEMITIC

INCIDENTS ACCORDING TO THE ADL. ASSAULT, HARASSMENT, AND VANDALISM

AGAINST JEWS REMAINS AT NEAR HISTORIC LEVELS.

LAST YEAR, I WALKED THROUGH AUSCHWITZ-BIRKENAU

WHERE COUNTLESS INNOCENT PEOPLE WERE MURDERED FOR THEIR RELIGION OR

ETHNICITY. LET'S BE CLEAR: EACH ATTACK WE'VE EXPERIENCED IS USED TO

INSPIRE THE NEXT. THIS HAS BEEN THE CASE HISTORICALLY AND IN CURRENT

TIMES. TODAY, THERE ARE THOSE WHO USE THE SAME WORDS, IMAGES, AND

CONSPIRACIES TO FURTHER DEADLY ANTI-SEMITISM. THEY SEND JEWISH

LEGISLATORS, LIKE MYSELF, ANTI-SEMITIC POSTCARDS SCRAWLED WITH THE

NUMBERS 1488, A REFERENCE TO HEIL HITLER. THEY SHOW UP AT PROTESTS IN

T-SHIRTS THAT PROCLAIM "SIX MWE," SIX MILLION WEREN'T ENOUGH. THE

HOLOCAUST, THE SHIRT ANNOUNCES, IS UNFINISHED BUSINESS. IT EVEN ENDS IN

VIOLENCE AS WE SAW IN MONSEY, JERSEY CITY, OR PITTSBURGH. AND JUST 20

DAYS AGO, INSURRECTIONISTS STORMED THE U.S. CAPITOL ADORNED IN

NEO-NAZI FLAGS AND PARAPHERNALIA, A SWEATSHIRT THAT READ, "CAMP

AUSCHWITZ."

ANTI-SEMITISM THRIVES IN THESE ACTIONS, ACRONYMS, AND

CONSPIRACY THEORIES, BOTH ONLINE AND IN REAL LIFE. IT EXISTED BEFORE THE

HOLOCAUST, AND IT DIDN'T END WITH THE LIBERATION OF THE DEATH CAMPS.

NYS ASSEMBLY JANUARY 26, 2021

ANTI-SEMITISM IS ALIVE AND WELL RIGHT HERE IN NEW YORK AND IN THE

U.S. MAY THE MERE MENTION OF NAZI ALWAYS HORRIFY AND EMBOLDEN US

TO SPEAK OUT AND DENOUNCE ANTI-SEMITISM.

SO, I INVITE YOU TO JOIN ME IN BEARING WITNESS, DON'T

LOOK AWAY, DON'T EXCUSE THIS BEHAVIOR. THIS IS A CRISIS. INCLUDE THE

JEWISH COMMUNITY IN YOUR ACTIVISM, TEACH FUTURE GENERATIONS ABOUT THE

STAIN IN HISTORY, AND STAND SIDE-BY-SIDE IN ACTION SO THAT WE CAN TRULY

LIVE UP TO OUR PLEDGE OF "NEVER AGAIN." THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. EICHENSTEIN.

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

RISE TODAY TO VOICE MY SUPPORT ON THE RESOLUTION BEFORE THE HOUSE

DECLARING JANUARY 27TH AS HOLOCAUST REMEMBRANCE DAY. ON JANUARY

27TH, 1945, AMERICAN TROOPS WERE FINALLY ABLE TO LIBERATE THE MOST

NOTORIOUS NAZI CONCENTRATION CAMP, AUSCHWITZ-BIRKENAU. IT'S

HEARTBREAKING TO HEAR OR READ THE TESTIMONY OF THOSE HORRIFIC SCENES AT

THESE CONCENTRATION CAMPS. WE CAN NEVER, NEVER FORGET THE ARROGANT

AND COWARDLY SLAUGHTER AND MURDER OF THE JEWISH PEOPLE IN EUROPE.

SIX MILLION JEWISH SOULS WERE TORTURED AND BRUTALLY MURDERED FOR NO

OTHER REASON BUT FOR THEIR RELIGION. WE MUST NEVER FORGET.

I RISE TODAY AS A GRANDSON OF FOUR HOLOCAUST SURVIVORS

AND AS A SON OF BROOKLYN, HOME OF THE MOST HOLOCAUST SURVIVORS

ANYWHERE IN THIS COUNTRY. MY GRANDPARENTS WOULD OCCASIONALLY TELL US

STORIES ABOUT THE HORRIFIC TRAGEDIES, ABOUT THE UNSPEAKABLE EVIL, AND

ABOUT THE DEVASTATING LOSS OF THEIR FRIENDS AND FAMILIES. ONE OF MY

NYS ASSEMBLY JANUARY 26, 2021

GRANDMOTHERS LOST THEIR ENTIRE FAMILY, BOTH HER PARENTS AND ALL OF HER

SIBLINGS. BUT AT THE SAME TIME, THEY ALSO TAUGHT US ABOUT COURAGE AND

ENDURANCE. THEY TOLD US ABOUT THE MIRACULOUS SURVIVAL AGAINST ALL

ODDS, ABOUT THEIR STEADFAST AND UNWAVERING FAITH, AND ABOUT THEIR HOPE

FOR A BETTER AND BRIGHTER FUTURE. THEY ARE MY GREATEST INSPIRATION.

EARLIER LAST YEAR, MR. SPEAKER, I HAD THE OPPORTUNITY

TO VISIT YAD VASHEM WITH MANY OF MY COLLEAGUES. WHAT A SURREAL

MOMENT. TO SEE THOSE IMAGES, VIDEO TESTIMONIES, DOCUMENTARY

FOOTAGE, AND PHOTOS OF FATHERS, MOTHERS, BROTHERS, SISTERS,

GRANDMOTHERS, GRANDFATHERS, AUNTS AND UNCLES, THE TERRIBLE EVIL THINGS

THAT HAPPENED TO ALL OF THEM. THESE WERE PEOPLE THAT LOOK JUST LIKE

ME. I'VE BEEN THINKING ABOUT THIS A LOT SINCE MY VISIT LAST YEAR AT YAD

VASHEM. PERHAPS THAT VISIT MIGHT BE THE MOST MOVING EXPERIENCE I

HAVE EVER HAD. THESE WERE PEOPLE WE LOST. IT'S NOT A NUMBER. AS WE

HAVE MOURNED AND CONTINUE TO MOURN, AS WE HAVE REMEMBERED AND

CONTINUED TO REMEMBER, LET ME ALSO ACKNOWLEDGE THAT MY

GRANDPARENTS WERE WELCOMED TO THIS GREAT COUNTRY AND WERE ABLE TO

START AGAIN. AND THIS GREAT COUNTRY, THEY WERE GIVEN THE OPPORTUNITY TO

REBUILD THEIR BROKEN LIVES AND FOR THAT, WE ARE GRATEFUL.

THANK YOU, AGAIN, FOR RECOGNIZING JANUARY 27TH AS

HOLOCAUST REMEMBRANCE DAY, AND I WANT TO THANK THE SPONSOR FOR

BRINGING THIS IMPORTANT RESOLUTION TO THE FLOOR. LET US ALL MOURN AND

REMEMBER, BUT LET US ALSO LEARN THE VITAL LESSONS FROM OUR PRECIOUS

HOLOCAUST SURVIVORS ON HOW TO WORK TOGETHER IN REBUILDING AND

REESTABLISHING OURSELVES. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY JANUARY 26, 2021

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. CYMBROWITZ.

MR. CYMBROWITZ: EACH YEAR AS WE PASS THIS

HOLOCAUST REMEMBRANCE DAY RESOLUTION, WE DO SO WITH AN INCREASING

SENSE OF URGENCY. IN OUR NATION, ALMOST TWO-THIRDS OF YOUNG ADULTS

DON'T KNOW THAT SIX MILLION JEWS WERE MURDERED DURING THE HOLOCAUST;

ABOUT 25 PERCENT BELIEVE THE HOLOCAUST WAS A MYTH. THIS LEVEL OF

IGNORANCE IS SHOCKING. AS THE SON OF HOLOCAUST SURVIVORS, I GREW UP

HEARING MY PARENTS TALK ABOUT THEIR CHILDHOOD IN DEMBLIN, POLAND,

WHICH ENDED ON SEPTEMBER 1ST, 1939 WHEN THE NAZIS CAME IN, CLOSED

THEIR TOWN AND PUT EVERYONE INTO A GHETTO. EVENTUALLY EVERYONE IN

DEMBLIN WAS PUT IN CATTLE CARS AND SENT TO CONCENTRATION OR SLAVE LABOR

CAMPS, LIKE THE ONE AT CZESTOCHOWA WHERE MY PARENTS WERE SENT. DAY

AFTER DAY, THEY WERE PUT TO WORK FOR THE NAZI WAR EFFORT. MY FATHER

WAS FORCED TO BUILD ROADS YEAR-ROUND AND MY MOTHER MADE BULLETS AT

THE HASAG-WARTA AMMUNITION FACTORY, DIPPING HER HANDS IN ACID

AGAIN AND AGAIN WITHOUT GLOVES.

LAST JANUARY, I WAS IN CZESTOCHOWA AS PART OF MY TRIP

WITH MY COLLEAGUES TO COMMEMORATE THE 75TH ANNIVERSARY OF THE

LIBERATION OF AUSCHWITZ. I LIT A CANDLE AT THE MONUMENT LOCATED AT THE

SITE OF THE TRAIN STATION WHERE 40,000 JEWS WERE TRANSPORTED TO THE

TREBLINKA DEATH CAMP TO FACE THEIR SLAUGHTER BY THE NAZIS. IT WAS ONLY

THROUGH LUCK AND THE GRACE OF GOD THAT MY FAMILY WASN'T AMONG THEM.

ON A BITTERLY COLD AND WINDY DAY, I ALSO VISITED AUSCHWITZ, AND WITH

THE SPONSOR OF THIS RESOLUTION, WE LIT SIX MEMORIAL CANDLES FOR THE SIX

NYS ASSEMBLY JANUARY 26, 2021

MILLION JEWS WHO PERISHED.

MY PARENT'S STORY, LIKE OTHER SURVIVOR STORIES, REMIND

US OF WHAT IT MEANS TO BE TARGETED BY HATERS WHO WERE BENT ON

INFLICTING CRUELTY. WE ARE REMINDED OF WHAT IT FEELS LIKE TO BE REGARDED

AS LESS THAN HUMAN AND TO BE VICTIMIZED BY A MASS HYSTERIA THAT INFECTS

A WHOLE SOCIETY. BUT THE STORY OF HOLOCAUST SURVIVORS IS ALSO ABOUT

RESILIENCE, STRENGTH, AND THE ABILITY OF THE HUMAN SPIRIT TO SOMEHOW

PREVAIL. WE ALL KNOW ABOUT THE DANGERS OF FORGETTING THE PAST AND THE

IMPORTANCE OF MEMORY IN CREATING WHO WE ARE AND HOW WE BEHAVE.

WITH FEWER AND FEWER SURVIVORS LEFT TO BEAR WITNESS, HOLOCAUST

REMEMBRANCE DAY HELPS US TO CARRY THESE MEMORIES IN HONOR OF THOSE

WHO SURVIVED AND FOR THOSE WHO PERISHED. AS ELIE WIESEL WROTE IN HIS

MEMOIR, NIGHT, QUOTE, "FOR IN THE END, IT IS ALL ABOUT MEMORY, ITS

SOURCES AND ITS MAGNITUDE AND, OF COURSE, ITS CONSEQUENCES," END OF

QUOTE.

THANK YOU TO THE SPONSOR OF THIS RESOLUTION FOR

ENSURING THAT NEW YORK STATE CONTINUES TO REMEMBER THE HOLOCAUST,

AND TO RECOGNIZE THE IMPORTANCE THESE MEMORIES ALIVE -- ALIVE NOW

AND FOR THE FUTURE. I AM PROUD TO BE A CO-SPONSOR. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. LAVINE.

MR. LAVINE: THANK YOU, MR. SPEAKER. AND I WANT

TO THANK SPEAKER HEASTIE FOR SCHEDULING THIS MATTER, AND I WANT TO

THANK ASSEMBLYMEMBER NILY ROZIC FOR PREPARING THIS MOST IMPORTANT

RESOLUTION. WHILE THIS MARKS THE 26TH YEAR THAT WE COMMEMORATE THE

NYS ASSEMBLY JANUARY 26, 2021

DAY OF REMEMBRANCE, THIS OCCASION IS ALL THE MORE GRIPPING GIVEN THE

ATTACK ON OUR AMERICAN CAPITOL BY WHITE SUPREMACISTS JUST 20 DAYS

AGO, ANOTHER DAY OF INFAMY, SELF-INFLICTED INFAMY IN OUR NATION'S

HISTORY. OF ALL THE VILE, REPULSIVE, AND DISGUSTING PARTICIPANTS, AN

IMAGE THAT WILL REMAIN WITH ME AND SHOULD REMAIN WITH ME FOREVER IS

OF THE MAN PARADING ABOUT IN A CAMP AUSCHWITZ SHIRT, NOR WILL I FORGET

THE MAN WHO PLACED A NOOSE AND GALLOWS OUTSIDE OUR CAPITOL, OR ANY

OF THE OTHERS. WHILE MANY OF THOSE WHO STORMED OUR HOME OF

DEMOCRACY, ARRESTED OR NOT YET ARRESTED, ARE DOING THEIR BEST TO REMAIN

CONCEALED TODAY, WE KNOW ALL TOO WELL THAT EVEN WHEN HATRED RETREATS,

PRIMITIVE, PREJUDICE, AND EVIL DO NOT SURRENDER, ESPECIALLY WHEN INCITED

BY OUR MOST DISGRACEFUL POLITICAL DEMAGOGUES.

ON A PERSONAL NOTE, MY REFUGEE GREAT-GRANDPARENTS

AND GRANDPARENTS WHO CAME TO THE UNITED STATES LEFT MOST OF THEIR

FAMILY BEHIND IN EUROPE. NOT ONE SOUL, NOT ONE WOMAN, CHILD, OR MAN

IN MY AND IN SO MANY OTHER FAMILIES SURVIVED THE RITUALIZED SLAUGHTER

OF A CIVILIAN POPULATION BY THE NAZI AND HIS ALLY. SO AS A

REPRESENTATIVE OF THE GOVERNMENT OF THE STATE OF NEW YORK, AND AS A

INDIVIDUAL WHO PERSONALLY GRIEVES THE MURDER OF THAT FAMILY, THIS

REMEMBRANCE DAY IS TRULY SIGNIFICANT. WE, YOU AND I, ARE ALL A FAMILY

OF AMERICANS AND NEW YORKERS, AND I HAVE NO DOUBT THAT THAT IS

PRECISELY WHAT SO ENRAGES THE WHITE SUPREMACISTS. AND SO, EACH AND

EVERY AMERICAN OF GOOD FAITH MUST SOLEMNLY SWEAR TO STAND TOGETHER

SO THAT THERE ARE NO MORE HOLOCAUSTS, SO THAT THERE ARE NO MORE

LYNCHINGS.

NYS ASSEMBLY JANUARY 26, 2021

FINALLY, IT MUST NEVER BE FORGOTTEN THAT WE ARE

LINCOLN'S AMERICANS AND WE WILL NOT BE COMPLACENT WHEN CONFRONTED

BY INTOLERANCE AND HATRED, BECAUSE AS OUR GREAT MARTYRED PRESIDENT

SAID SO LONG AGO, THIS NATION, UNDER GOD, IS A GOVERNMENT OF THE

PEOPLE BY THE PEOPLE FOR THE PEOPLE, AND IT SHALL NOT PERISH FROM THIS

EARTH. THANK YOU FOR THE OPPORTUNITY TO SHARE MY THOUGHTS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ROSENTHAL.

MR. ROSENTHAL: THANK YOU TO THE SPEAKER AND

THE SPONSOR FOR BRINGING THIS RESOLUTION TO THE FLOOR. TODAY, WE STAND

HERE AND WE REMEMBER THE SIX MILLION JEWS WHO WERE SYSTEMATICALLY

MURDERED DURING THE HOLOCAUST. WE REMEMBER WHOLE COMMUNITIES

SWALLOWED UP BY EVIL. THOSE WHO WERE FORTUNATE ENOUGH TO HAVE

SURVIVED DID SO WITH THEIR ENTIRE LIVES DESTROYED. WHILE THE LAST

EYEWITNESSES TO ONE OF THE MOST TRAGIC AND GRUESOME CRIMES AGAINST

HUMANITY WILL SOON BE GONE, WE MUST NEVER CEASE TO ASK HOW SUCH

HORROR WAS ALLOWED TO OCCUR, HOW MORALITY ESCAPED OUR LEGAL SYSTEM.

AT THE NUREMBERG TRIALS, A COMMON DEFENSE WAS, WE WERE JUST

FOLLOWING ORDERS, OR, THE LAW ALLOWED FOR IT. THE HOLOCAUST DID NOT

HAPPEN OVERNIGHT. IT HAPPENED OVER YEARS OF NORMALIZING HATRED. IT

HAPPENED OVER YEARS OF PEOPLE NOT SPEAKING OUT. TODAY, WE MUST

STAND UNITED IN CONDEMNING ANTI-SEMITISM AS IT REARS ITS UGLY HEAD.

IN 1995 FOR THE 50TH ANNIVERSARY OF THE LIBERATION OF

AUSCHWITZ, RABBI JONATHAN SACKS, WHO UNFORTUNATELY LEFT US THIS YEAR,

WAS ASKED BY THE BBC TO MAKE A FILM FROM AUSCHWITZ. HE WAS

NYS ASSEMBLY JANUARY 26, 2021

RELUCTANT TO DO SO, BUT AGREED ON ONE CONDITION. HE SAID, I WILL ONLY DO

SO IF I CAN TELL THE STORY THE JEWISH WAY. WHEN ASKED WHAT'S THE

JEWISH WAY, HE REPLIED, A JEWISH STORY MAY BEGIN WITH TEARS, BUT IT

ALWAYS ENDS WITH HOPE. I LOOK AT MY COMMUNITY AND THE DISTRICT I

HAVE THE PRIVILEGE OF REPRESENTING AND I SEE HOPE. WE HONOR THE

MEMORY OF THOSE LOST BY STANDING UP TO ALL FORMS OF HATE, WHETHER IT'S

ANTI-SEMITISM, RACISM, OR XENOPHOBIA. WE MUST STAND UP TO INJUSTICE,

WE MUST STRIVE TO DO THE RIGHT THING NO MATTER HOW HARD OR

INCONVENIENT. WE MUST NEVER FORGET, AND MAY GOD BLESS THEIR

MEMORIES.

ACTING SPEAKER AUBRY: THANK YOU.

MR. EPSTEIN.

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

SUPPORT THIS HOLOCAUST REMEMBRANCE DAY. I WANT TO THANK THE

SPONSOR AND THANK THE SPEAKER FOR BRINGING THIS FORWARD. I THINK ABOUT

THE HOLOCAUST A LOT, AND I THINK ABOUT MY GRANDFATHER WHO ACTUALLY

NEVER SPOKE ABOUT THE HOLOCAUST. HE NEVER SPOKE ABOUT HIS BROTHERS

AND SISTERS AND PARENTS DYING IN CAMPS. IT WAS TOO UNSPEAKABLE FOR

HIM, AND I HAVE LEARNED OVER THE YEARS THAT'S NOT THE PATH WE NEED TO

TAKE. WE NEED TO TALK ABOUT WHAT'S HAPPENED. WE NEED TO TALK ABOUT

THE INHUMANITY. WE NEED TO TALK ABOUT THE CRUELTY. WE NEED TO TALK

ABOUT THE ANTI-SEMITISM, AND WE NEED TO TALK ABOUT THE HATRED. AND

WHAT WE'VE SEEN IN OUR COUNTRY IN THE LAST TWO WEEKS, TWO MONTHS,

FOUR YEARS IS A GROWTH OF HATRED, THE GROWTH OF ANTI-SEMITISM, THE

GROWTH OF WHAT PEOPLE DEEM AND I VIEW AS EVIL. PEOPLE WHO USE

NYS ASSEMBLY JANUARY 26, 2021

HATRED TO FUEL THEM, PEOPLE WHO USE HATRED TO ADVANCE THEIR AGENDA,

PEOPLE WHO USE HATRED OF OTHERS, OF THE UNKNOWN TO DO SOME

UNSPEAKABLE THINGS. AND WE NOW NEED TO RECOMMIT OURSELVES TO THE

MEMORY OF THE SIX MILLION JEWS AND TEN MILLION PEOPLE WHO PERISHED

IN THE HOLOCAUST, BUT ALSO THE MILLIONS OF PEOPLE WHO HAVE PERISHED

AROUND THIS EARTH FOR SO MANY ATROCITIES, BECAUSE OF DIFFERENCE.

LET'S STAND TOGETHER UNITED, GO THROUGH THE DIFFERENCE,

FIND WHAT UNITES US INSTEAD OF WHAT DIVIDES US, AND WORK TOGETHER FOR A

BETTER FUTURE. HOLOCAUST REMEMBRANCE IS MAKING SURE THAT WE NEVER

FORGET. LET US NEVER FORGET THE HATRED AND MOVE FORWARD TOGETHER IN

RESPECT AND UNITY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION ON HOLOCAUST

REMEMBRANCE DAY. I STAND HERE TODAY AS SOMEONE THAT REPRESENTS THE

BOROUGH OF THE LARGEST NUMBER OF HOLOCAUST SURVIVORS IN NEW YORK

CITY, AND POSSIBLY IN THE U.S. AS WE KNOW, THE NUMBERS OF LIVING

HOLOCAUST SURVIVORS ARE DWINDLING AND THEIR STORIES OF PERSEVERANCE

ARE GETTING LOST WITH TIME. WE NOW ARE THREE OR FOUR GENERATIONS

REMOVED FROM THAT DARK TIME, BUT WE CANNOT ALLOW THE HOLOCAUST TO BE

JUST ANOTHER EVENT TO BE STUDIED IN THE HISTORY BOOKS. UNLIKE STUDYING

ABOUT A NATURAL DISASTER, OR WE TEACH STORIES ABOUT THE HOLOCAUST, ABOUT

THE AFRICAN SLAVE TRADE, OR THE RISE OF KKK SHORTLY AFTER THE CIVIL WAR,

ET CETERA, WE CANNOT JUST TALK ABOUT IT AS SOMETHING THAT HAPPENED, AND

NYS ASSEMBLY JANUARY 26, 2021

NOW LET'S MOVE ON. THESE EVIL THINGS WERE DONE BY PEOPLE, NOT BY

NATURE. IT WAS TRAGIC AND INTENDED TO HURT, OPPRESS AND KILL, KILL SIX

MILLION PEOPLE.

WE MUST TODAY, IN 2021, TAKE THOSE LESSONS OF A TIME

WHERE INTOLERANCE OF SOMEONE THAT LOOKED DIFFERENT, PRAYED DIFFERENTLY

OR BELIEVED DIFFERENT LED TO BARBARISM. WE LIVE IN UNPRECEDENTED

TIMES WHERE FEAR IS NOT PRESENT IN THE HEARTS AND MINDS OF MANY. THE

HOLOCAUST WAS AN EVENT THAT DID NOT HAPPEN IN A VACUUM, IT OCCURRED,

WENT THROUGH LEGAL MEANS. PEOPLE WITH EVIL INTENTIONS CAME TO POWER

AND BUILT AN INDUSTRIAL SYSTEM OF GENOCIDE. AS SOMEONE THAT HAS

VISITED YAD VASHEM IN JERUSALEM AND LITERALLY CRIED WHEN THERE, AND

AS SOMEONE THAT HAS CONSTITUENTS WITH TATTOOED RIGHT ARMS, I WILL

ALWAYS FIGHT AGAINST HATE AND ANTI-SEMITISM.

I URGE US TO PRESERVE THE MEMORIES OF THOSE HEROES

AND HEROINES AS WE TODAY ARE THE BRIDGE OF THIS LIVING MEMORY OF THE

HOLOCAUST TO THE FUTURE. LET US UNITE AND SAY NO TO HATE IN ALL ITS FORM.

I ENCOURAGE MY COLLEAGUES IN SUPPORTING THIS RESOLUTION ON HOLOCAUST

REMEMBRANCE DAY. THANK YOU, MR. [SIC] SPEAKER.

ACTING SPEAKER ROZIC: THANK YOU.

MS. PHEFFER AMATO.

MS. PHEFFER AMATO: GOOD AFTERNOON. THANK

YOU TO SPEAKER HEASTIE AND THANK YOU TO ASSEMBLYWOMAN NILY ROZIC,

THE SPONSOR OF THIS RESOLUTION. I SPEAK TODAY IN MEMORY OF THE SIX

MILLION JEWS AND THE 11 MILLION OTHER SOULS THAT WERE MURDERED IN THE

NAME OF HATRED, ANTI-SEMITISM AND BIGOTRY. THE HOLOCAUST SEEMS SO

NYS ASSEMBLY JANUARY 26, 2021

DISTANT, BUT THIS HAPPENED IN MANY OF OUR RELATIVES AND FRIENDS

LIFETIMES. AND SADLY TO THIS DAY, THE ROOTS OF HOLOCAUST -- THE

HOLOCAUST ARE ALIVE IN THIS COUNTRY AND AROUND THE WORLD. WE ARE

EXPERIENCING AN UNPRECEDENTED INCREASE IN ANTI-SEMITIC HATE CRIMES.

THESE TRENDS ARE EXTREMELY CONCERNING, AND WE MUST SPEAK OUT, SPEAK

OUT AGAINST ANTI-SEMITISM, BIGOTRY, AND RACISM.

IN OUR COUNTRY, WE KNOW THAT LOVE, FREEDOM,

DEMOCRACY AND JUSTICE MUST WIN OVER HATRED. WE EDUCATE PEOPLE

ABOUT THE HOLOCAUST TO MAKE SURE THEY KNOW WE FOUGHT WARS AGAINST

THESE IDEOLOGIES AND UNCHECKED HATRED, AND EVERY TIME WE DID, OUR

VALUES WON. LOVE AND TOLERANCE MUST BLOOM IN OUR COUNTRY SO TODAY

AND EVERY DAY, WE MUST ALWAYS REMEMBER THAT LOVE, FREEDOM, AND

DEMOCRACY WIN, AND WE MUST NEVER FORGET THE SURVIVORS AND THE

VICTIMS OF THE HOLOCAUST. MAY THEIR MEMORIES AND SOULS ALWAYS BE A

BLESSING. THANK YOU.

ACTING SPEAKER ROZIC: THANK YOU.

MS. GALLAGHER.

MS. GALLAGHER: HELLO. I'M ASSEMBLYWOMAN

GALLAGHER AND I AM REPRESENTING THE 50TH DISTRICT, WHICH IS HOME TO

MANY HOLOCAUST SURVIVORS AND THEIR DESCENDENTS AND FAMILIES, AND I'M

ALSO SPEAKING AS A PUBLIC HISTORIAN WHO HAS HAD THE OPPORTUNITY TO

SPEAK TO AND LEARN FROM MANY SURVIVORS OF THE HOLOCAUST AND THEIR --

THEIR FAMILY AND HEAR THEIR TALES. AND I KNOW THAT IT IS SO VITAL FOR US TO

SHARE OUR STORIES AND TO LISTEN AND TO REMEMBER THAT TO REMEMBER THE

HOLOCAUST IS IMPORTANT, BUT IT IS NOT ENOUGH. WE MUST ALSO ACT OUT

NYS ASSEMBLY JANUARY 26, 2021

ACTIVELY AGAINST ANTI-SEMITISM, AND WITH LOVE. LOVE IS AN ACTIVE VERB

AND WE MUST DO EVERYTHING WE CAN TO FACE THE HATRED THAT IS REVEALED

TO US AND TO ROOT OUT THE CAUSES OF HATRED, WHICH IS IGNORANCE AND LACK

OF COMMUNICATION AND EXPOSURE.

SO, WE MUST ABSOLUTELY BE WORKING TOGETHER, AND I

STAND HERE IN SOLIDARITY WITH MY CONSTITUENTS AND WITH MY FRIENDS AND

WITH MY COLLEAGUES, AND I WOULD LIKE TO THANK ASSEMBLYMEMBER

ROZIC FOR BRINGING THIS TO THE FLOOR AND FOR ALL THE CO-SPONSORS AND FOR

ALL OF US WHO WORK EVERY DAY TO REDUCE HATE. THANK YOU VERY MUCH.

ACTING SPEAKER ROZIC: THANK YOU.

MR. LAWLER.

MR. LAWLER: THANK YOU, MADAM SPEAKER, AND

THANK YOU FOR SPONSORING THIS RESOLUTION. I RISE IN SUPPORT OF THIS

RESOLUTION. MY DISTRICT IS WHOLLY CONTAINED IN ROCKLAND COUNTY,

WHICH IS THE EIGHTH LARGEST JEWISH POPULATION IN THE COUNTRY, ABOUT 35

PERCENT OF MY RESIDENTS PRACTICE THE JEWISH FAITH. AND THE HOLOCAUST

WAS OBVIOUSLY AN EVENT OF PURE EVIL AND GENOCIDE THAT WAS PERPETRATED

UPON PEOPLE OF THE JEWISH FAITH, MANY MILLIONS OF OTHER RESIDENTS

ACROSS THE GLOBE, AND IT'S SOMETHING THAT NEVER SHOULD HAVE HAPPENED;

IT SHOULD NEVER HAPPEN EVER AGAIN AND IT'S IMPORTANT THAT WE REMEMBER

THIS DAY EVERY YEAR TO REMIND PEOPLE OF HOW IMPORTANT IT IS TO HAVE

RESPECT AND UNDERSTANDING AND APPRECIATION FOR PEOPLE OF FAITH AND THE

ROLE THAT FAITH PLAYS IN ALL OF OUR LIVES, AND TO NEVER USE THAT AS A

VEHICLE TO DISCRIMINATE OR HATE AGAINST ANYBODY. AND SO, I RISE IN

SUPPORT OF THIS RESOLUTION AND I THANK THE SPONSOR FOR PUTTING IT

NYS ASSEMBLY JANUARY 26, 2021

FORWARD.

ACTING SPEAKER ROZIC: THANK YOU.

MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MS. SPEAKER. I RISE

TO THANK -- FIRST, I THANK THE SPEAKER AND THE SPONSOR FOR BRINGING THIS

RESOLUTION FORWARD. IT'S BEEN OVER 70 YEARS SINCE THE NAZIS ATTEMPTED

TO ERADICATE THE JEWISH PEOPLE, BUT NO LENGTH OF TIME WILL MAKE US

FORGET THE MILLIONS OF VICTIMS LOST IN THE NAME OF RACIAL PURITY AND

FASCISM. HOLOCAUST REMEMBRANCE DAY IS A DARK DAY WHEN

COMMUNITIES ACROSS THE WORLD GATHER TO WHISPER THE NAMES OF LOVED

ONES LOST TO THE HOLOCAUST, WHEN FAMILIES HUDDLED -- HUDDLE AROUND

THE KITCHEN TABLES AND REMEMBER GRANDPARENTS AND FAMILY MEMBERS

WHO NEVER MADE IT OUT, WHO PERISHED IN THE INHUMANE DOINGS OF SOME

OF THE WORST PEOPLE WHO EVER LIVED. AND TODAY WHEN PEOPLES'

THOUGHTS TURN TO HOW COULD THIS EVER HAVE HAPPENED, YET WE HAVE NOT

SOLVED THAT QUESTION.

THIS HOLOCAUST REMEMBRANCE MEMORIAL DAY, I WILL

THINK OF MY GRANDPARENTS, MY GRANDFATHER, A RABBI IN COLOGNE, AND MY

PARENTS WHO WERE CHASED OUT OF GERMANY. I AM FILLED WITH SADNESS FOR

THE LOVED ONES THEY LEFT BEHIND AND THEIR FRIENDS AND THEIR COMMUNITY

THAT PERISHED IN THE HOLOCAUST. BUT I'M ALSO AWED BY THAT GENERATION'S

BRAVERY AND INSPIRATION TO KEEP ON KEEPING ON. I BELIEVE THAT AS

VICTIMS OF ONE OF THE WORST ATROCITIES IN HUMAN HISTORY, THE JEWISH

PEOPLE HAVE A SPECIAL RESPONSIBILITY TO FIGHT INTOLERANCE AND INJUSTICE

WHEREVER AND WHENEVER THEY ARISE. AND WE HAVE SEEN INSTANCES OF

NYS ASSEMBLY JANUARY 26, 2021

ANTI-SEMITISM AND RACE-BASED HATE AND IGNORANCE INCREASE OVER THE

LAST FOUR YEARS, AND THEY HAVE NOT GONE AWAY.

THIS HOLOCAUST REMEMBRANCE DAY, WE MUST REMAIN

MORE RESOLUTE IN THE GOAL TO EDUCATE, EXPOSE, AND FIGHT THIS KIND OF

HATRED WHEREVER IT MAY RISE ACROSS THE WORLD AND IN OUR HOME STATE.

AND I THANK YOU FOR ADVANCING THIS RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU.

MS. KELLES.

MS. KELLES: YEAH, I WANTED TO THANK

ASSEMBLYMEMBER ROZIC FOR BRINGING THIS FORWARD WITH COMPASSION

AND INTELLIGENCE, HAS SPOKEN FOR ALL OF US, AND FOR THE SPEAKER FOR

SUPPORTING THIS FOR THIS DAY. I WANT TO ADD MY VOICE FOR ONE OF THE

MANY PEOPLE WHO HAVE PERSONALLY BEEN AFFECTED AS A JEW IN THIS

ASSEMBLY. I THINK THAT IT'S REALLY IMPORTANT FOR ALL OF US TO REMEMBER

THESE MOMENTS AND THESE DAYS THAT HAVE CREATED GENERATIONS OF TRAUMA.

MY GRANDFATHER WHO WAS IN THE U.S. ARMY IN WORLD WAR II WAS NEVER

THE SAME WHEN HE CAME BACK. THE LEVELS OF PTSD, WHEN THERE WAS NO

RECOGNITION OF WHAT PTSD WAS, WAS SEVERE AND PERMANENT FOR THE REST

OF HIS LIFE. AND THAT AFFECT -- AFFECTED MY MOTHER, MY AUNT AND, LATER,

MY GENERATION. THESE ATROCITIES AFFECT MULTIPLE GENERATIONS, AND I

THINK IT'S SO IMPORTANT, THERE'S SOMETHING ABOUT SPEAKING TO SOMEONE

WHO COMES FROM JEWISH DESCENT AND KNOWING WITHOUT WORDS

UNSPOKEN THAT THERE'S AN UNDERSTANDING, THERE'S AN UNDERSTANDING OF

WHAT IT MEANS AND WHAT IS THE EMOTIONAL IMPACT OF A PEOPLES TRYING TO

EXECUTE AN ENTIRE OTHER PEOPLE BECAUSE THEY ARE SIMPLY THAT, "OTHER,"

NYS ASSEMBLY JANUARY 26, 2021

BASED OUT OF FEAR, MISUNDERSTANDING, AND A DESIRE TO MAINTAIN A WORLD

THAT IS RECOGNIZABLE ONLY TO THEMSELVES. I THINK MORE THAN ANYTHING,

THIS STANDS FOR ME AS A DRIVER OF COMPASSION, A DRIVER FOR UNITY, A

DRIVER FOR UNDERSTANDING, AND FOR A CELEBRATION OF DIVERSITY AND OTHER.

THERE ARE MANY, MANY PEOPLES THAT HAVE EXPERIENCED THIS LEVEL OF

ATROCITY AND I BELIEVE THAT THIS IS AN OPPORTUNITY FOR ALL OF US TO FIND IT

IN OUR HEARTS AND IN OUR DETERMINATION TO UNDERSTAND EACH OTHER AND TO

CELEBRATE EACH OTHER AND TO FIGHT FOR EACH OTHER'S UNIQUENESS AND

DIVERSITY.

MY GRANDFATHER SPENT HIS LIFE FEELING THAT THE WORLD

HATED JEWS BECAUSE OF HIS EXPERIENCE, AND I BELIEVE THAT THE WORK THAT

WE ARE DOING IN THE CELEBRATION IS OUR ABILITY OR OUR OPPORTUNITY TO

SHOW THE STRENGTH AND THE ENDURANCE OF ALL PEOPLES OF THE JEWISH FAITH,

OF THE JEWISH CULTURE. SO, THANK YOU SO MUCH FOR BRINGING THIS FORWARD

AND I APPRECIATE AND BRING THIS BACK TO THE JEWISH PEOPLES OF MY

COMMUNITY TO HONOR THEIR -- THEIR EXPERIENCE OF THIS DAY. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CAHILL.

MR. CAHILL: THANK YOU, MR. SPEAKER, AND MY

COLLEAGUES, AND THANK YOU ASSEMBLYWOMAN ROZIC FOR ADVANCING THIS

VERY IMPORTANT RESOLUTION. WE'VE HEARD ALREADY TODAY THAT MANY OF

OUR COLLEAGUES HAVE TAKEN THEIR TIME TO VISIT IMPORTANT PLACES, TO GO TO

THE STATE OF ISRAEL, TO GO TO THE SITE WHERE THE HOLOCAUST TOOK PLACE,

INCLUDING THE ATROCIOUS DEATH CAMPS, THE MURDER CAMPS, THE

CONCENTRATION CAMPS. WE'VE ALSO ATTENDED SERVICES IN OUR COMMUNITY,

NYS ASSEMBLY JANUARY 26, 2021

GONE TO MUSEUMS AND MEMORIALS ALL OVER THIS WORLD. MANY OF US

PARTICIPATE IN NATIONAL AND INTERNATIONAL COMMUNITY EVENTS AND, TODAY,

WE COMMEMORATE AN ANNIVERSARY. PERHAPS THIS IS THE FIRST DAY THAT OUR

ENTIRE POPULATION HAD TO ACKNOWLEDGE WHAT WAS KNOWN FOR FAR TOO

MANY YEARS BEFORE ACTION WAS TAKEN. BUT IT'S COMMENDABLE THAT WE

STAND HERE TODAY BIPARTISAN FROM ACROSS OUR GREAT STATE, OUR GREAT STATE

TO COMMEMORATE THIS MOMENT, BUT OUR WORK IS NOT DONE SIMPLY BY

COMMEMORATING THIS TODAY. IT CAN NEVER BE DONE. EACH DAY, WE LOSE

THE GREAT BENEFIT OF EYEWITNESS ACCOUNTS OF THE FEW REMAINING

SURVIVORS, OF THE FEW REMAINING LIBERATORS, OF THE FEW REMAINING

EYEWITNESSES. THAT MEANS IT FALLS TO US TO MAKE SURE OUR COMMUNITIES

ARE GIVEN THE BENEFIT OF OUR IMMUTABLE KNOWLEDGE, THAT WE BE PART OF

THE PERMANENT REMEMBRANCE OF NOT JUST THIS GREAT ATROCITY OF ALL HUMAN

KIND, BUT THE UNIQUELY PERSONAL IMPACT THIS HAD ON EACH OF THE TENS OF

MILLIONS OF PEOPLE WHO WERE INDIVIDUALLY IMPACTED BY THIS HOLOCAUST.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. ZINERMAN.

MS. ZINERMAN: TO MR. SPEAKER AND MEMBER

ROZIC, I OFFER MY SUPPORT FOR THIS RESOLUTION AND STAND IN SOLIDARITY

WITH THE JEWISH COMMUNITY AS THEY CONTINUALLY DEAL WITH RACIAL TERROR.

I AM ASSEMBLYMEMBER STEFANI ZINERMAN, THE DAUGHTER OF

(UNINTELLIGIBLE) ZINERMAN FROM ALABAMA, AND THE DAUGHTER OF PORTLAND

MIZEL FROM VIRGINIA. MY ENTIRE LIFE, MY NAME PRECEDED ME AND SO DID

HATE TOWARD THAT NAME. WHEN I SHOWED UP AND PEOPLE SAW MY SKIN,

NYS ASSEMBLY JANUARY 26, 2021

THE HATE CONTINUED. SO, I'VE ALWAYS HAD AND BEEN IN SOLIDARITY AGAINST

HATE WITH THE PEOPLE OF JEWISH FAITH, ALTHOUGH THAT IS NOT MY FAITH.

I REPRESENT A DISTRICT THAT HAS A SIGNIFICANT JEWISH

COMMUNITY AND OVER THE YEARS, WE HAVE DEALT WITH MISTRUST AND EVEN

VIOLENCE IN OUR COMMUNITY. BUT WE ARE A COMMUNITY OF FAITH AND, AS

SUCH, WE'VE WORKED VERY HARD TO OVERCOME THESE DIFFERENCES AND WHEN

IT MATTERS MOST, WHEN WE ARE ATTACKED, WE COME TOGETHER. SO TODAY, I

STAND UNITED WITH YOU AS I WILL EVERY DAY, AND WILL CONTINUE TO BE

UNITED WITH YOU AGAINST HATE.

ACTING SPEAKER AUBRY: THANK YOU.

MS. MILLER.

MS. MILLER: THANK YOU. I'D LIKE TO THANK THE

SPONSOR, ASSEMBLYMEMBER ROZIC, AND THE NEW YORK STATE ASSEMBLY

FOR BRINGING THIS RESOLUTION TO REMEMBER EVERY YEAR, THAT THEY DO THIS

EVERY YEAR. YOU KNOW, ESPECIALLY IN TODAY'S CLIMATE, WE MUST

REMEMBER THAT HATE AND DESTRUCTION, WE NEED TO LET THAT SERVE AS AN

EXAMPLE THAT HATE CAN TAKE OVER, BUT IT WILL NEVER WIN. ANTI-SEMITISM

HAS NO PLACE IN A CIVILIZED CULTURE. HATE HAS NO PLACE IN A CIVILIZED

CULTURE. LET THAT AWFUL, DARK PAST PROPEL US AND REMIND US TO COMMIT

TO WORKING TOGETHER, RESPECTING EACH OTHER, LOVE, RESPECT, COMMUNITY,

THAT'S WHAT WINS, AND LET THAT BE ITS LEGACY. WE WILL NEVER FORGET.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SAYEGH.

MR. SAYEGH NEEDS TO BE UNMUTED.

NYS ASSEMBLY JANUARY 26, 2021

MR. SAYEGH: AM I UNMUTED?

ACTING SPEAKER AUBRY: YES, SIR.

MR. SAYEGH: OKAY. I RISE ALSO TO COMMEND THE

SPONSOR AND THE SPEAKER FOR PRESENTING THIS LEGISLATION AND THIS

RESOLUTION. AND I RISE AS NOT ONLY A MEMBER OF THE ASSEMBLY, BUT AS

AN ARAB-AMERICAN, AS AN ARAB-AMERICAN LEGISLATOR, TO ACKNOWLEDGE,

AS ALL OF US DO, THAT HATE AND DIVISION AND POLARIZATION HAS NO PLACE IN

OUR STATE, OUR NATION AND WORLD. AND AS A STUDENT OF HISTORY AND AS AN

EDUCATOR, I TOOK AN ACTIVE PART FOR MANY YEARS IN MAKING SURE THAT

THOSE DARK MOMENTS IN OUR WORLD HISTORY ARE RECOGNIZED BY OUR

STUDENTS. THAT AWARENESS BECOMES A VERY POWERFUL TOOL, AWARENESS

AND CELEBRATING AND COMMEMORATING NOT ONLY THE GOOD MOMENTS OF

OUR CIVILIZATIONS AND OUR HISTORY OF THE WORLD, BUT ALSO THE DARK

MOMENTS. AND THE HOLOCAUST IS ONE OF THE DARKEST MOMENTS OF WORLD

HISTORY. THE MAGNITUDE OF DEATH AND SUFFERING, TOTALLY UNNECESSARY,

UNJUSTIFIABLE, AND HORRIBLE. AND I STAND AS A MEMBER OF A WORLD

COMMUNITY, AND A MEMBER OF WORLD BODIES THAT NEED YEAR AFTER YEAR TO

CONTINUE TO COMMEMORATE THE GOOD AS WELL AS THE BAD MOMENTS IN OUR

HISTORY.

SO, I JOIN THE SPONSORS IN -- IN -- IN DEMANDING THAT

SOCIETY CONTINUE TO CHANGE ITS COURSE, TO CONTINUE TO SHOW RESPECT AND

LOVE AND PEACEFUL COEXISTENCE, AND RECOGNIZE THAT PEOPLE THROUGHOUT

THE WORLD HERE IN OUR NATION AND OUTSIDE OUR BORDERS THAT CONTINUE TO

SUFFER BECAUSE OF THEIR RELIGION, BECAUSE OF THEIR ETHNICITY, SOMETIMES

BECAUSE OF THE TRIBE THEY BELONG TO AND THE REGION OF THE COUNTRY OR THE

NYS ASSEMBLY JANUARY 26, 2021

COUNTRYSIDE THAT THEY LIVE IN, THAT THEY CAN BE MASSACRED AND TORTURED.

AND THIS IS -- THIS IS THE NECESSITY THAT EACH AND EVERY ONE OF US HAS

DAY AFTER DAY AND YEAR AFTER YEAR, TO EDUCATE AND MAKE AWARE AND

STRESS THE IMPORTANCE OF UNITY AND HARMONY AND RESPECT FOR EACH

OTHER'S DIFFERENCES. SO I THANK THE SPONSOR, AND I WILL CONTINUE TO DO

MY SHARE BECAUSE THIS IS A MATTER, NOT ONLY OF URGENT MATTER, BUT

SOMETHING THAT CONCERNS EVERY LIVING HUMAN BEING. THANK YOU VERY

MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER. I APPRECIATE

-- I VERY MUCH APPRECIATE -- I APPRECIATE THE OPPORTUNITY TO SPEAK ON

THIS, BUT THE -- CAN I BE HEARD? I'M ASSUMING I CAN BE HEARD.

ACTING SPEAKER AUBRY: YOU CAN BE HEARD.

MS. GLICK: THE FBI HAS DETERMINED THAT DOMESTIC

TERRORISM IS THE NUMBER ONE THREAT TO THE SAFETY OF OUR COUNTRY. VERY

RECENTLY, THERE WERE MARCHES AND DEMONSTRATIONS WITH WHITE

SUPREMACISTS WHO CHANTED, JEWS WILL NOT REPLACE US. THE THREAT IS

HERE, THE THREAT IS REAL, AND AS WE REMEMBER WHAT HAPPENED HALF A

CENTURY AGO AND MORE, 70 YEARS, I GUESS, 75 YEARS, WE HAVE TO BE

VIGILANT EVERY YEAR TO MAKE CERTAIN THAT PEOPLE IN ALL COMMUNITIES ARE

SAFE, BUT THAT INCLUDES THE JEWISH COMMUNITY. THE HOSTILITY THAT EXISTS,

THE ANTI-SEMITISM THAT WE HAVE SEEN IN OUR OWN CITY IS A TESTAMENT TO

THE FACT THAT A LOT OF PEOPLE HAVE FORGOTTEN, OR NEVER CARED.

AND SO, WE BRING THIS RESOLUTION TO THE FLOOR IN ORDER

NYS ASSEMBLY JANUARY 26, 2021

TO REMEMBER THE HOLOCAUST, BUT ALSO TO MAKE IT CLEAR TO PEOPLE TODAY

THAT THERE IS A THREAT AMONG US AND THAT WE HAVE TO BE VIGILANT AND THAT

THE ONE THING THAT CAN BANISH HATE IS LOVE. AND ALL OF THE EXHORTATIONS

TO LOVE OUR NEIGHBOR, THEY'RE MEANINGLESS IF WE DON'T ACTUALLY EMBRACE

THEM.

SO, I WANT TO COMMEND THE SPONSOR OF THE RESOLUTION

AND ALL OF US WHO HAVE SIGNED ONTO IT, AND ALL OF THE COLLEAGUES WHO

HAVE SPOKEN SO WELL ON THIS ISSUE. BUT WE HAVE A GREAT DEAL OF WORK TO

DO TO ENSURE THAT YOUNGSTERS GROW UP IN A WORLD THAT RESPECTS

DIFFERENCES AND EMBRACES OTHER COMMUNITIES, AND I'M REMINDED OF THE

SONG IN "SOUTH PACIFIC," YOU HAVE TO BE CAREFULLY TAUGHT, AND THAT HAS

TO DO WITH YOU HAVE TO BE TAUGHT TO HATE. AND SO, WHAT WE NEED TO DO

IS TO TEACH KIDS TO RESPECT EACH OTHER AND THEN THERE WILL BE A LIFETIME

OF SUPPORT FOR VARIOUS COMMUNITIES. THANK YOU, MR. SPEAKER, I

WITHDRAW MY REQUEST.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MR. ZEBROWSKI.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. EVERY

YEAR WHEN THIS RESOLUTION IS BROUGHT FORTH, I JOIN WITH MY COLLEAGUES IN

REFLECTING ON THE IMMENSE HATRED AND THE IMMENSE BRUTALITY THAT

BROUGHT US THIS AWFUL PART OF HISTORY. THE SHEER MAGNITUDE OF THE

ATROCITIES ARE DIFFICULT TO COMPREHEND, BUT IT'S CERTAINLY IMPERATIVE THAT

WE ENSURE WHAT HAPPENED REMAINS FRONT AND CENTER AS AN EXAMPLE OF

WHAT CAN HAPPEN IN THE WORLD WHEN HATE REMAINS UNCHECKED, BECAUSE

IT DID HAPPEN. AND IT'S IMPORTANT THAT AS GENERATIONS GROW UP THAT ARE

NYS ASSEMBLY JANUARY 26, 2021

A BIT REMOVED FROM THE ATROCITIES THAT THEY UNDERSTAND WHAT CAN

HAPPEN WHEN THE WORST OF THE HUMAN SPIRIT TAKES OVER.

AND WHEN I REFLECT ON THE RESOLUTION, I ALSO CAN'T HELP

BUT REMEMBER HOW MANY PEOPLE ACROSS OUR STATE IN MY LIFETIME, BOTH

AS A YOUNG PERSON GROWING UP AND THEN IN PUBLIC LIFE, HOW MANY

PEOPLE TELL THE STORY AND REMEMBER THE VICTIMS. IT HELPS US HONOR THEIR

MEMORY, AND IT ALSO -- I ALSO THINK WE NEED TO STOP AND HONOR THESE

HEROES WHO KEEP THEIR MEMORY AND THEIR STORIES ALIVE. YOU KNOW, IT

STARTS WITH MANY OF MY COLLEAGUES, MS. ROZIC WHO PUTS FORTH THIS

RESOLUTION, AND SO MANY OF MY COLLEAGUES THAT ARE INVOLVED IN

HONORING THE MEMORIES OF THE HOLOCAUST, AND ALSO IN CHAMPIONING

POLICIES THAT BRING US AWAY FROM THAT, AND HOPE THAT NOT ONLY DO WE

PREVENT SOMETHING LIKE THAT HAPPENING, BUT THAT WE FOSTER A COUNTRY

AND A STATE THAT IS THE EXACT OPPOSITE OF THE HOLOCAUST.

AND I ALSO REFLECT ON, YOU KNOW, IN ROCKLAND COUNTY,

WE HAVE A HOLOCAUST MUSEUM, ONE THAT GOES INTO OUR SCHOOLS AND

TEACHES OUR YOUNG PEOPLE. AND THERE IS NO GREATER LESSON THAN THAT

THAT IS PRESENTED BY A LIBERATOR. WE LOST ONE OF THOSE LIBERATORS THIS

YEAR, A MAN BY THE NAME OF BERNHARD STORCH. HE WAS SOMEONE WHO

WAS IN A CAMP AND THEN LATER JOINED THE POLISH ARMY AND FOUGHT TO FREE

VICTIMS OF THE HOLOCAUST. AND HE IS OFTENTIMES JOINED IN THOSE

CLASSROOMS -- WAS JOINED IN THOSE CLASSROOMS BECAUSE, UNFORTUNATELY,

WE LOST HIM IN NOVEMBER OF LAST YEAR, BY A MAN BY THE NAME OF ALAN

MOSKIN, A U.S. ARMY SERVICE MEMBER WHO WAS A LIBERATOR. AND ALAN

CARRIES ON WITHOUT BERNHARD, BUT THESE INDIVIDUALS AND SO MANY OTHERS

NYS ASSEMBLY JANUARY 26, 2021

ACROSS ROCKLAND COUNTY THAT ARE ATTACHED TO THE MUSEUM - AND I KNOW

ALL OF MY COLLEAGUES HAVE SIMILAR INDIVIDUALS WITHIN THEIR DISTRICTS -

THEY'RE OUR HEROES. AND SO, WHILE WE REFLECT WITH SADNESS UPON THE

ATROCITIES, I ALSO REFLECT WITH HOPEFULNESS, BECAUSE THEIR EFFORTS AND THE

EFFORTS OF SO MANY PEOPLE ACROSS OUR STATE HOPEFULLY WILL BRING US THE

BRIGHTER FUTURE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GRIFFIN.

MS. GRIFFIN: THANK YOU. I RISE TODAY TO

MEMORIALIZE HOLOCAUST REMEMBRANCE DAY WHICH COMMEMORATES THE

SIX MILLION JEWS AND 11 MILLION OTHERS WHO PERISHED DURING THE

HOLOCAUST. EVEN TODAY, JEWS AND OTHERS ARE BEING TARGETED WITH HATE

SPEECH, SYMBOLS, AND OTHER FRIGHTENING IMAGERY BASED ON THEIR RACE,

RELIGION OR SKIN COLOR. I WANT TO THANK ASSEMBLYMEMBER ROZIC FOR

INTRODUCING THIS IMPORTANT RESOLUTION. TOGETHER, WE HONOR THEIR LIVES

BY VOWING TO CONFRONT RACISM AND BIGOTRY SO IT NEVER IS ACCEPTED IN OUR

COMMUNITIES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MS. NIOU.

MS. NIOU: THANK YOU, MR. SPEAKER. AND THANK YOU

TO OUR RESOLUTION SPONSOR, MS. ROZIC, AND TO THE SPEAKER FOR BRINGING

THIS RESOLUTION TO THE FLOOR. I ACTUALLY, YOU KNOW, JUST REALLY WANTED TO

SAY THAT I REALLY APPRECIATE ALL OF MY COLLEAGUES WHO SPOKE UP ON THIS

RESOLUTION, IN SHARING THEIR OWN STORIES, THEIR -- THEIR FAMILY STORIES,

AND THE STORIES OF WHY, YOU KNOW, THIS DAY IS SO IMPORTANT TO THEM.

NYS ASSEMBLY JANUARY 26, 2021

AND I ALSO WANTED TO NOTE THAT, YOU KNOW, IN MY

DISTRICT JUST A COUPLE OF WEEKS AGO, ON THE SAME DAY THAT THERE WAS THE

INSURRECTION ON OUR CAPITOL, THERE WAS A CONFEDERATE FLAG THAT WAS

HUNG ON OUR MUSEUM DOORS, OUR JEWISH HERITAGE MUSEUM DOORS --

COMMEMORATING -- OUR MUSEUM COMMEMORATING THE HOLOCAUST. AND

SO, IT WAS A HATE CRIME, ONE THAT SHOCKED OUR COMMUNITY BECAUSE THE

LANGUAGE, THINGS THAT HAD HAPPENED, BROUGHT BACK A LOT OF MEMORIES,

AND THAT WOUND IS STILL SO PAINFUL AND ONE THAT, YOU KNOW, IS IMPORTANT

TO REMEMBER BECAUSE, YOU KNOW, AT THAT MUSEUM -- YOU KNOW, I

ACTUALLY READ NIGHT SO I REALLY APPRECIATED FOLKS WHO QUOTED FROM IT,

BUT ELIE WIESEL, YOU KNOW, SAID THAT, YOU KNOW, WE MUST ALWAYS TAKE

SIDES. YOU KNOW, NEUTRALITY HELPS THE OPPRESSOR, NEVER THE VICTIM.

SILENCE ENCOURAGES THE TORMENTOR, NEVER THE TORMENTED, AND

SOMETIMES WE MUST INTERFERE. WHEN HUMAN LIVES ARE ENDANGERED,

WHEN HUMAN DIGNITY IS IN JEOPARDY, NATIONAL BORDERS AND SENSITIVITIES

BECOME IRRELEVANT. WHEREVER MEN OR WOMEN ARE PERSECUTED BECAUSE

OF THEIR RACE, RELIGION OR POLITICAL VIEWS, THAT PLACE MUST - AT THAT

MOMENT - BECOME THE CENTER OF THE UNIVERSE, AND VERY MUCH SO WE

BECAME THAT CENTER OF THE UNIVERSE. AND I THINK THAT IT'S REALLY

IMPORTANT THAT WE REMEMBER THAT WE MUST TAKE SIDES AND WE MUST

SPEAK UP, BECAUSE SILENCE HELPS TO PERPETUATE OPPRESSION.

AND SO, I JUST WANTED TO SAY AGAIN THANK YOU SO MUCH

FOR REMEMBERING WHY IT'S SO IMPORTANT FOR US TO -- TO -- TO SPEAK UP AND

WHY IT'S SO IMPORTANT FOR FOLKS TO REMEMBER THE LIVES LOST AND ALSO THE

LIVES THAT SURVIVED AND -- AND -- AND THE AMAZING LEADERSHIP AND THE

NYS ASSEMBLY JANUARY 26, 2021

AMAZING DESCENDENTS OF THE SURVIVORS. SO, I JUST WANTED TO SAY THANK

YOU FOR SHARING YOUR STORIES AND FOR LETTING ME BE ABLE TO SPEAK.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SEAWRIGHT.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE ON THIS VERY IMPORTANT RESOLUTION.

THIS SUMMER, MY OFFICE WAS VICIOUSLY ATTACKED WITH ANTI-SEMITIC

REMARKS AND PAINT, AND A LETTER THAT WAS SLIDDEN UNDER THE DOOR. AND

OUR CAMPAIGN OFFICE WAS ALSO ATTACKED. THIS HAPPENED JUST A FEW

WEEKS AFTER WE HELD A TOWN HALL ON COMBATING ANTI-SEMITISM WITH AREA

RABBIS. AND SO, I SPEAK TODAY TO COMMEND THE SPONSOR,

ASSEMBLYWOMAN NILY ROZIC, FOR SPONSORING EACH YEAR THIS RESOLUTION,

AND I'M PROUD TO SUPPORT IT. WE MUST STAND TOGETHER. AND THANK YOU,

AGAIN.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. I JOIN

WITH MY COLLEAGUES ON BOTH SIDES OF THE AISLE SUPPORTING THIS

RESOLUTION MEMORIALIZING GOVERNOR ANDREW CUOMO TO PROCLAIM

TOMORROW AS HOLOCAUST REMEMBRANCE DAY IN RECOGNITION OF ONE OF

THE MOST HORRIFIC EPISODES IN HUMAN HISTORY. IT IS ALMOST UNFATHOMABLE

TO CONSIDER THAT A GOVERNMENT WOULD SYSTEMATICALLY KILL MILLIONS OF ITS

OWN CITIZENS WHO DID NOTHING WRONG, WHO WERE COMPLETELY INNOCENT;

THE EVIL IS ALMOST UNIMAGINABLE. BUT AS WE REFLECT ON ONE OF THE

NYS ASSEMBLY JANUARY 26, 2021

DARKEST NIGHTS OF HUMAN HISTORY, WE SHOULD ALSO REFLECT ON THE FACT THAT

ON THAT DARKEST NIGHT, THERE WERE STILL STARS SHINING. AND THOSE ARE THE

PEOPLE WHO OPPOSED THEIR OWN GOVERNMENT, WHO PUT THEIR OWN LIVES

ON THE LINE, WHO RISKED THEIR FAMILY AND THEIR FORTUNE AND EVERYTHING

THEY HAD TO HELP THEIR NEIGHBORS WHO WERE BEING PERSECUTED, WHO HID

THEM, SHELTERED THEM, FED THEM, HELPED THEM TO ESCAPE. AND I HOPE

AND PRAY THAT I AND ALL OF MY COLLEAGUES WOULD HAVE THE COURAGE TO

ALWAYS KEEP OUR FOCUS ON DOING WHAT'S RIGHT.

FOLLOWING WORLD WAR II AS THE ATROCITIES BECAME

KNOWN, AMERICA, AS A WORLD LEADER, TOOK AN EXTRAORDINARY STEP OF FAITH

AND CONFIDENCE, AND THE POWER AND THE IMPORTANCE OF THE RULE OF LAW.

AND THAT WAS REFLECTED IN THE NUREMBERG TRIALS. AND IMAGINE FOR A

MOMENT THAT THE UNDISPUTED LEADER OF THE WORLD, THE UNITED STATES OF

AMERICA, HAVING LOST OVER 400,000 OF ITS OWN FIGHTING THAT BRUTAL WAR,

FACING THE HORRIFIC ATROCITIES, WOULD STILL PROCEED WITH A TRIAL. WHAT A

STATEMENT ABOUT OUR FAITH AND THE POWER OF LAW. FOR MY DISTRICT, THE

NUREMBERG TRIALS HAVE A SIGNIFICANCE THAT'S UNIQUE BECAUSE ROBERT H.

JACKSON RESIGNED HIS POSITION AS A SUPREME COURT JUDGE, A LIFETIME

POSITION, TO TAKE ON THE CHALLENGE OF PRESENTING A FAIR TRIAL. JUSTICE

JACKSON IS FROM MY DISTRICT AND WAS A FRIEND OF OUR FAMILY.

SO, AS WE REFLECT ON THE HORRIFIC EVIL THAT WAS

EXHIBITED BY THE HOLOCAUST, LET US ALSO PLEDGE OUR UNDIVIDED

COMMITMENT TO DO EVERYTHING IN OUR POWER TO STAND UP AGAINST EVIL

AND FOCUS ON WHAT IS JUST AND -- AND RIGHT. THANK YOU, MR. SPEAKER,

FOR THE OPPORTUNITY TO SPEAK IN SUPPORT OF THIS RESOLUTION.

NYS ASSEMBLY JANUARY 26, 2021

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO THANK OUR COLLEAGUE, NILY ROZIC, AND EVERY OTHER

COLLEAGUE WHO SPOKE ON BEHALF OF THIS RESOLUTION THAT IS BEFORE US

TODAY. AND I WANT TO HONOR THE SPEAKER FOR BRINGING IT UP EVERY YEAR,

BECAUSE SOME THINGS YOU CANNOT EVER FORGET; THIS IS ONE OF THOSE. MR.

SPEAKER, I WAS -- I'M REMINDED OF HOW I'VE ALWAYS THOUGHT THAT WE HAD

MORE IN COMMON THAN WE HAVE DIFFERENCES. BUT NOTHING MADE THAT

MORE VIVID TO ME THAN BEING IN ISRAEL LAST YEAR AND HAVING THE

OPPORTUNITY TO VISIT THE HOLOCAUST MUSEUM. THE VERY FIRST THING YOU

SEE WHEN YOU GET THERE IS THIS BEAUTIFUL WALKWAY OF TREES ON BOTH

SIDES, AND IT'S ACTUALLY CALLED THE AVENUES OF THE RIGHTEOUS AMONGST

US IN NATIONS. IT'S A POWERFUL TESTIMONY TO THE RIGHTEOUS PEOPLE WHO

DID DO WHAT'S RIGHT WHEN THEIR COUNTRY, OR WHEN A COUNTRY THAT SOME OF

THE JEWS HAD GOTTEN TO WERE STILL TRYING TO PERSECUTE THEM, THEY

PROTECTED THEM.

WHY DID THAT BRING ME SUCH AN OPPORTUNITY FOR MY

EYES TO LEAK? BECAUSE IT MADE ME RECALL ABOLITIONISTS IN AMERICA WHO

PROTECTED MY PEOPLE DURING SLAVERY. AND SO, IT BROUGHT IN FULL FOCUS

THIS REALITY THAT WE DO HAVE MORE IN COMMON THAN WE HAVE DIFFERENCE.

UNFORTUNATELY, MR. SPEAKER, THERE ARE EVIL PEOPLE IN THIS WORLD. THERE

STILL ARE. BUT THE GOOD AMONGST US ARE WAY MORE IMPORTANT. AND FOR

THAT REASON, MUCH LIKE I WILL NEVER, EVER FORGET MY ANCESTORS WHO YET

REMAIN -- YET REMAIN UNDER THE OCEAN, OR THOSE WHO ARE YET BURIED IN

NYS ASSEMBLY JANUARY 26, 2021

THIS COUNTRY WHO HAVE BEEN VIOLATED, I WILL NEVER, EVER FORGET WHAT

HAPPENED AT THE HOLOCAUST AND I'M HONORED TO HAVE THE OPPORTUNITY TO

SPEAK ON IT. WITH THAT, THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 24, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JANUARY 28TH, 2021 AS DATA PRIVACY

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. 25, MS.

FAHY.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JANUARY 26TH, 2021 AS EXPLORE NY

TRAVEL & TOURISM DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. FAHY ON THE

RESOLUTION.

MS. FAHY: THANK YOU. THANK YOU, MR. SPEAKER.

THANK YOU FOR ALLOWING ME TO PRESENT THIS RESOLUTION. BUT BEFORE I

CONTINUE, I KNEW IT WAS INAPPROPRIATE TO SPEAK TWICE, BUT I WOULD BE

REMISS IF I DIDN'T SAY THANK YOU, AS WELL, FOR -- TO THE SPONSOR OF THE

NYS ASSEMBLY JANUARY 26, 2021

HOLOCAUST REMEMBRANCE RESOLUTION, WHICH IS SO CRITICALLY IMPORTANT,

ESPECIALLY AFTER THE HORRIFIC DOMESTIC TERRORISM THAT WE SAW JUST A FEW

WEEKS AGO ON JANUARY 6TH, WHICH WAS A REMINDER ON WHY WE NEED THIS

TIME TO REFLECT AND REMEMBER, AND WHY WE MUST ALWAYS STAY EDUCATED.

WITH THAT, I'M GOING TO SWITCH GEARS NOW TO THE

EXPLORE NY. TODAY IS EXPLORE NY TRAVEL & TOURISM DAY, AND IT'S

PROBABLY MORE IMPORTANT THIS YEAR THAN MOST YEARS BECAUSE TOURISM

HAS PLUMMETED OVER THE LAST TEN MONTHS BECAUSE OF COVID, AS WITH SO

MANY OTHER THINGS. UNEMPLOYMENT IN THE TOURISM INDUSTRY IS AT ALMOST

50 PERCENT. SO, TODAY THE TRAVEL & TOURISM RESOLUTION DAY IS EARLY

IN THE YEAR BECAUSE IT IS SO IMPORTANT THAT WE REMIND PEOPLE WE ARE A

FOUR-SEASON-A-YEAR STATE AND IN BETTER YEARS, IN 2019, WE HAD OVER 225

MILLION VISITORS COME INTO NEW YORK. AND THAT'S BECAUSE WE HAVE

SUCH AN EXTRAORDINARILY DIVERSE STATE. WE HAVE THE LARGEST STATE PARK

AND WE HAVE THE LARGEST CITY. IT'S A LOT TO OFFER AND IT COULDN'T BE MORE

IMPORTANT. I HOPE ALL OF US WILL WORK THIS YEAR AROUND TOURISM AND

(UNINTELLIGIBLE/MIC CUT OUT) AND I HOPE PEOPLE WILL REMEMBER,

ESPECIALLY AS THE VACCINES BEGIN TO INCREASE IN NEW YORK, AND I KNOW

WE HAVE WORK THERE, BUT I HOPE FOLKS WILL REMEMBER TO SPEND IT LOCAL

AND COME SEE OUR BEAUTIFUL NEW YORK. THE WEBSITE IS EXPLORE NY AT

HOME AND FIGURE OUT YOUR TRAVEL PLANS AS -- AS WE SLOWLY END TOURISM.

THANK YOU AGAIN, MR. SPEAKER, FOR ALLOWING ME TO

OFFER THIS RESOLUTION, AND THANKS TO MY COLLEAGUES FOR CO-SPONSORING IT.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

NYS ASSEMBLY JANUARY 26, 2021

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO THANK COLLEAGUES FOR THEIR PATIENCE AS WE GET

THROUGH THE REMAINDER OF OUR SCHEDULE TODAY. NOW WE'RE GOING TO GO

DIRECTLY TO THE A-CALENDAR THAT YOU ADVANCED EARLIER, MR. SPEAKER, AND

START ON PAGE 3 WITH RULES REPORT NO. 9, AND WE'RE GOING TO GO RIGHT

THROUGH THE WHOLE ENTIRE --

ACTING SPEAKER AUBRY: CERTAINLY.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02001-A, RULES

REPORT NO. 9, ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, THIELE,

LUPARDO, GALEF, GRIFFIN, MCMAHON, OTIS, DICKENS, STIRPE, PAULIN,

SIMON, GOODELL, TAGUE, WALLACE, PERRY, MCDONALD, LUNSFORD, RAMOS,

COLTON, DINOWITZ, JONES, JACOBSON. AN ACT TO AMEND THE LABOR LAW,

IN RELATION TO PROHIBITING THE INCLUSION OF CLAIMS FOR UNEMPLOYMENT

INSURANCE ARISING FROM THE CLOSURE OF AN EMPLOYER DUE TO COVID-19

FROM BEING INCLUDED IN SUCH EMPLOYER'S EXPERIENCE RATING CHARGES; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

MR. GOODELL.

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

NYS ASSEMBLY JANUARY 26, 2021

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: ABSOLUTELY, MR. SPEAKER; I

YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MR.

ZEBROWSKI. AS YOU KNOW, I'M -- I SIGNED ON AS A CO-SPONSOR IN PART

BECAUSE I FELT IT WAS HORRIFICALLY UNFAIR FOR GOVERNMENT TO SHUT DOWN

AN EMPLOYER, FORCE AN EMPLOYER TO LAY OFF ALL THE EMPLOYEES, AND THEN

TURN AROUND AND IMPOSE A HIGHER UNEMPLOYMENT CHARGE ON THAT VERY

EMPLOYER TO REFLECT THE UNEMPLOYMENT CLAIMS THAT WERE SUBMITTED BY

THE EMPLOYEES. AND SO, I THOUGHT THAT'S JUST FUNDAMENTALLY UNFAIR.

AND SO, MY QUESTION ON THIS BILL IS THAT AS I

UNDERSTAND IT, THE BILL WOULD SAY IF YOU LAID OFF EMPLOYEES DURING

COVID, IT WOULD NOT AFFECT YOUR EXPERIENCE RATING, BUT AS YOU KNOW

AND I KNOW, THE UNEMPLOYMENT CHARTS CONSIST OF TWO COMPONENTS:

ONE IS AN EXPERIENCE RATING AND THE OTHER IS A GENERAL CHARGE. SO, IF

WE DON'T INCLUDE IT IN THE EXPERIENCE RATING, WOULDN'T THIS BILL THEN

RAISE THE GENERAL CHARGE TO ALL EMPLOYERS, INCLUDING THOSE EMPLOYERS

WHO FOUGHT SO HARD TO KEEP ALL THEIR EMPLOYEES WORKING; WHAT IS YOUR

THOUGHT ON THAT -- ON THAT DILEMMA?

MR. ZEBROWSKI: WELL, I WOULD HOPE NOT, MR.

GOODELL. THE -- IF THE TRUST FUND HAS A DEFICIENCY, THERE ARE A NUMBER

OF WAYS THAT IT CAN BE REPLENISHED. CERTAINLY, THE STATE CAN HELP DO SO.

NYS ASSEMBLY JANUARY 26, 2021

WE'D BE HOPEFULLY LOOKING FOR FEDERAL HELP. IN THE PAST, I BELIEVE

THERE WERE FEDERAL LOANS; IN FACT, I BELIEVE IF YOU GO BACK TO THE GREAT

RECESSION, I THINK WE ARE JUST NOW ABOUT PAYING OFF THE LOANS FROM THE

FEDERAL GOVERNMENT FROM THAT TIME.

SO, ONE THING IS FOR SURE, AS I THINK YOU STATED IN YOUR

QUESTION, HOWEVER WE MAKE THE TRUST FUND WHOLE AND HOWEVER WE

COVER THE EXPENSES OF THE STATE, IT SHOULD NOT BE BORNE ON THE BACK OF

BUSINESSES WHO UNFORTUNATELY HAD TO LAY PEOPLE OFF DURING THIS

UNPRECEDENTED PANDEMIC, EITHER BECAUSE, AS YOU STATED, THEY WERE

UNABLE TO OPERATE, OR I WOULD ALSO ADD TO IT BECAUSE THEY COULDN'T

OPERATE, NOT JUST BECAUSE OF PERHAPS GOVERNMENT REGULATIONS OR

GOVERNMENT ORDERS, BUT ALSO BECAUSE WE ARE IN THE MIDDLE OF A

PANDEMIC. I WOULD SAY WE HAVE TO HELP OUT THOSE BUSINESSES

REGARDLESS OF WHAT HAD THEM UNFORTUNATELY LAY FOLKS OFF.

MR. GOODELL: AS YOU KNOW, THE BUSINESS

COUNCIL RECENTLY EXPRESSED THEIR GREAT CONCERN THAT THE UNEMPLOYMENT

FUND IS RUNNING ABOUT A $4 BILLION SHORTFALL FROM LAST YEAR, AND THAT'S

ON TOP OF THE $70- TO $80 BILLION STATE AID THAT WE RECEIVED FROM THE

FEDERAL GOVERNMENT. WOULD -- DO YOU ANTICIPATE THAT WE WILL TRY AS

PART OF A STATE GOVERNMENT TO HELP ALL OF OUR EMPLOYERS ADDRESS THAT

SHORTFALL THROUGH A DIRECT APPROPRIATION FROM THE STATE? WHAT ARE YOUR

THOUGHTS ON THAT ISSUE?

MR. ZEBROWSKI: WELL, MR. GOODELL, IT'S REALLY A

QUESTION FOR BOTH OUR WAYS AND MEANS CHAIR, WAYS AND MEANS

RANKER, MEMBERS ON THE WAYS AND MEANS COMMITTEE, BUT, QUITE

NYS ASSEMBLY JANUARY 26, 2021

FRANKLY, PROBABLY ALL 150 MEMBERS OF THIS CHAMBER WILL BE ENTERING

INTO WHAT IS LIKELY TO BE A VERY DIFFICULT BUDGET CYCLE, AND THERE ARE SO

MANY UNANSWERED QUESTIONS, BUT AT THE END OF THE DAY WE ARE GOING TO

HAVE TO BALANCE MANY DIFFERENT COMPETING ISSUES TO KEEP OUR STATE

AFLOAT, KEEP OUR RESIDENTS AFLOAT, KEEP OUR BUSINESSES AFLOAT AND TRY TO

REBUILD BACK OUR STATE AFTER THIS PANDEMIC. IT'S NOT GOING TO BE EASY.

SO, I -- THIS PIECE OF LEGISLATION MERELY SEEKS TO FIX

WHAT WOULD HAVE BEEN A VERY UNFAIR SITUATION FOR OUR BUSINESSES. IT

DOES NOT FIX THE BROADER FINANCIAL PROBLEMS AND IMPLICATIONS TO THE

STATE. WE WILL ALL BE ENGAGING IN THAT EFFORT OVER THE NEXT SEVERAL

MONTHS.

MR. GOODELL: THANK YOU VERY MUCH, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I AM SUPPORTING THIS LEGISLATION FOR

THE REASONS THAT MY COLLEAGUE MENTIONED, AND I APPRECIATE HIS

THOUGHTFULNESS ON THIS. AND I HOPE THAT ALL OF US, AS WE MOVE FORWARD

IN THE BUDGET PROCESS, LOOK AT THE OPPORTUNITY TO PROVIDE REAL RELIEF TO

ALL OF OUR EMPLOYERS BY HELPING TO ADDRESS THE $4 BILLION SHORTFALL THAT'S

IN THE CURRENT UNEMPLOYMENT FUND.

I WOULD POINT OUT THAT WHEN THE PANDEMIC FIRST HIT

NEW YORK STATE, I WAS DEEPLY TROUBLED THAT OUR STATE GOVERNMENT SHUT

DOWN NEW YORK STATE ALL ACROSS THIS GREAT STATE, ALL THE WAY FROM NEW

YORK CITY TO MY COUNTY. AND IT WAS PARTICULARLY FRUSTRATING TO ME

NYS ASSEMBLY JANUARY 26, 2021

BECAUSE WE WERE LAYING OFTEN TENS OF THOUSANDS OF EMPLOYEES AND

SHUTTING DOWN THOUSANDS OF BUSINESSES AT A TIME WHERE THERE ARE VERY

FEW, IF ANY, REPORTED CASES UPSTATE. AND OPERATING WAS SUCH A HEAVY

HAND AT THE BEGINNING OF THE PANDEMIC, IT'S NO SURPRISE THAT WE'RE

PAYING A HEAVY PRICE AS WE STRUGGLE TO COME OUT. AND AT THE TIME, I

WROTE TO OUR GOVERNOR AND SAID, PLEASE, PLEASE SHOW FLEXIBILITY, BE

NUANCED, ACT WHERE YOU NEED TO; BE RESTRAINED IN SHUTTING DOWN OUR

ECONOMY. AND, UNFORTUNATELY, THOSE WORDS WENT UNHEEDED, BUT THEY

HAVE BEEN HEARD SINCE AND OUR RESPONSE IS MUCH MORE NUANCED AND

MUCH MORE SPECIFIC AND FOCUSED, AND I'M THANKFUL FOR THAT. AND I LOOK

FORWARD TO THE DAY WHEN WE, AS A LEGISLATURE, IN ADDITION TO MAKING

THIS CHANGE, ACTUALLY PROVIDE FUNDING TO HELP ALL OF OUR EMPLOYERS WHO

ARE FACING HUGE INCREASES IN THEIR UNEMPLOYMENT INSURANCE CHARGES.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE BILL NO. S01197. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

MR. ZEBROWSKI UNMUTED. THANK YOU.

NYS ASSEMBLY JANUARY 26, 2021

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER, I WAS

MUTED FOR A SECOND THERE. JUST TO BRIEFLY EXPLAIN MY VOTE, BECAUSE I

JUST WANT TO STATE A FEW THINGS THAT WEREN'T BROUGHT UP DURING THE

DEBATE. SO WHAT THIS BILL SEEKS TO DO IS TO HOLD OUR BUSINESSES

HARMLESS FOR WHAT HAD HAPPENED DURING THE PANDEMIC BECAUSE IT IS,

QUITE FRANKLY, NOT THEIR FAULT FOR THIS UNPRECEDENTED HEALTH EMERGENCY.

ALL OUR BUSINESSES HAVE WHAT'S KNOWN AS AN EXPERIENCE RATING, AND

THEIR EXPERIENCE RATING IS BASED UPON THEIR PRIOR UNEMPLOYMENT

CLAIMS. SO WHAT THIS BILL DOES IS IT HOLDS THEM HARMLESS FOR THE PERIOD

OF THE PANDEMIC, THEREBY PREVENTING MAJOR INCREASES IN WHAT THEY

WOULD HAVE TO PAY INTO THE UNEMPLOYMENT INSURANCE TRUST FUND.

CERTAINLY, THIS IS NOT THE BE ALL END ALL TO HELP OUT OUR

BUSINESSES IN NEW YORK, BUT WE ARE GOING TO HAVE TO TAKE STEPS IN A

VARIETY OF WAYS TO HELP OUR SMALL BUSINESSES AND BUSINESSES ACROSS

NEW YORK STATE MOVE FORWARD, AND THIS IS ONE PIECE OF THE PUZZLE,

PREVENTING MAJOR INCREASED COST AS WE GO FORWARD. I DID WANT TO POINT

OUT, BECAUSE MANY COLLEAGUES AND PEOPLE HAD A QUESTION, THIS WILL

APPLY TO BOTH PAYMENTS IN LIEU OF CONTRIBUTIONS, AS -- AS WELL. SO, FOLKS

THAT INSTEAD OF CONTRIBUTING TO THE UNEMPLOYMENT TRUST FUND SEEK TO

DO PAYMENTS. SO, THIS SHOULD DEAL WITH BOTH OF THOSE THINGS THAT I

KNOW A LOT OF OUR NOT-FOR-PROFITS WERE CONCERNED ABOUT.

SO WITH THAT, MR. SPEAKER, I ASK ALL MY COLLEAGUES TO

VOTE IN THE AFFIRMATIVE WITH ME. THANK YOU.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE

AFFIRMATIVE.

NYS ASSEMBLY JANUARY 26, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02355-A, RULES

REPORT NO. 10, STIRPE, COLTON, CARROLL, WALLACE, REYES, COOK, NOLAN,

THIELE, ZEBROWSKI, TAYLOR, GOTTFRIED, GRIFFIN, DESTEFANO, MONTESANO,

RA, GLICK, MCDONOUGH, STECK, JACOBSON, CRUZ, AUBRY, SIMON,

BRONSON, PERRY, DINOWITZ. AN ACT TO AMEND THE LABOR LAW, IN RELATION

TO THE CALCULATION OF WEEKLY EMPLOYMENT INSURANCE BENEFITS FOR

WORKERS WHO ARE PARTIALLY UNEMPLOYED; AND REPEALING CERTAIN

PROVISIONS OF SUCH LAW RELATING THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE BILL NO. S01042-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY

VOTE. LAST YEAR, THERE WERE 28 NO VOTES ON THIS BILL AND THE REPUBLICAN

NYS ASSEMBLY JANUARY 26, 2021

CONFERENCE I THINK IN GENERAL SUPPORTS THE CONCEPT OF ENCOURAGING

PART-TIME EMPLOYMENT. AND WE HAVE LEGISLATION THAT WE'VE INTRODUCED

THAT WOULD ENABLE A PERSON TO WORK PART-TIME, KEEP HALF THE INCOME

AND USE THE OTHER HALF TO REDUCE THE EMPLOYER'S EXPENSE. AND THAT

APPROACH PROVIDES A CONTINUOUS FINANCIAL INCENTIVE FOR AN EMPLOYEE TO

CONTINUE WORKING PART-TIME UNTIL THEY FINALLY ARE MAKING THE FULL

AMOUNT THAT THEY WERE BEFORE.

BUT THIS BILL TAKES A DIFFERENT APPROACH, AND WHAT THIS

BILL DOES IS IT SAYS THAT AN EMPLOYEE WHO WORKS PART-TIME CAN KEEP 100

PERCENT OF THEIR PART-TIME INCOME UNTIL THEY COME UP TO HOW MUCH

THEY'RE MAKING ON UNEMPLOYMENT, WITH ABSOLUTELY NO OFFSET TO THE

EMPLOYER'S LIABILITY, WHICH MEANS THE EMPLOYER'S PAYING 100 PERCENT

OF THE UNEMPLOYMENT COST FOR AN EMPLOYEE WHO IS MAKING A FULL

AMOUNT ON PART-TIME AS THEY'RE MAKING ON UNEMPLOYMENT. AND THEN,

IT GOES ONE STEP FURTHER AND IT SAYS IF THE EMPLOYEE STARTS EARNING MORE

THAN THEIR UNEMPLOYMENT BENEFIT, THEIR UNEMPLOYMENT BENEFIT IS CUT

DOLLAR FOR DOLLAR. THINK ABOUT THAT. IT'S THE EQUIVALENT OF 100 PERCENT

TAX ON YOUR EARNINGS.

AND SO, THIS BILL SETS UP A -- SOMEWHAT OF A PERVERSE

FINANCIAL INCENTIVE. IT SAYS TO EMPLOYEES, GET A PART-TIME JOB BUT MAKE

SURE YOU DON'T MAKE MORE THAN YOU'RE MAKING ON UNEMPLOYMENT,

BECAUSE IF YOU GET A PART-TIME JOB AND YOU MAKE LESS THAN

UNEMPLOYMENT, YOU KEEP 100 PERCENT OF THE INCOME. AND IF YOU EARN

MORE, YOU LOSE 100 PERCENT. IT JUST DOESN'T MAKE SENSE. SO, STRONGLY

SUPPORT THE CONCEPT, BUT IT NEEDS TO BE BALANCED. AND WE'VE OFFERED

NYS ASSEMBLY JANUARY 26, 2021

LEGISLATION THAT MAKES THAT BALANCE AND, UNFORTUNATELY, THIS LEGISLATION

DOESN'T ACCOMPLISH THAT. LOVE TO WORK WITH THE SPONSOR TO SUPPORT

THAT CONCEPT, BUT AM CONSTRAINED TO VOTE AGAINST THIS PARTICULAR VERSION.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. STIRPE TO EXPLAIN HIS VOTE.

MR. STIRPE: THANK YOU. THANK YOU, MR. SPEAKER,

TO EXPLAIN MY VOTE. THIS DOES, CONTRARY TO WHAT THE FORMER SPEAKER

SAID, HELP BUSINESSES. ALL THREE OR FOUR OF THE STATES SURROUNDING US,

PENNSYLVANIA, CONNECTICUT, NEW JERSEY ALL HAVE THIS TYPE OF SYSTEM,

AND IT'S BEEN PROVEN THAT BY BEING IN THE WORKFORCE, OUT WORKING

PART-TIME JOBS, YOU'RE, YOU KNOW, A FULL-TIME JOB MUCH SOONER THAN YOU

DO IF YOU'RE JUST SITTING HOME WATCHING TV. SO, IT HAS BEEN, YOU KNOW,

I THINK IT'S 15 OR 18 PERCENT QUICKER WITH PEOPLE GETTING OFF

UNEMPLOYMENT INSURANCE. AND WHEN YOU DO REDUCE THE AMOUNT OF

YOUR UNEMPLOYMENT BENEFIT BY THE AMOUNT OVER 50 PERCENT OF YOUR

BENEFIT, YOU ARE STRESSING THE UNEMPLOYMENT TRUST FUND MUCH LESS.

SO, THERE ARE SEVERAL WAYS THAT IT HELPS BUSINESSES.

THE OTHER THING IS, YOU KNOW, WE'RE PAYING SPECIAL

ATTENTION TO LOW-WAGE WORKERS SINCE THE MAJORITY OF THE LONGER-TERM

UNEMPLOYED WORKING IN NEW YORK RIGHT NOW COME FROM LOWER-WAGE

JOBS IN THE HOSPITALITY INDUSTRY, RESTAURANTS, HOTELS, MUSIC VENUES. AND

I'D ALSO LIKE TO ADD THAT MANY OF THESE JOBS ARE NOT COMING BACK;

THEREFORE, MANY OF THESE WORKERS WILL HAVE TO ENTER NEW OCCUPATIONS,

AND ONE OF THE BEST WAYS TO OBTAIN A NEW JOB IN A DIFFERENT INDUSTRY IS

NYS ASSEMBLY JANUARY 26, 2021

TO START ON A PART-TIME BASIS TO LEARN THE ROPES.

SO, THEREFORE, I'LL BE VOTING IN THE AFFIRMATIVE AND ASK

ALL MY COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.

STRIPE IN THE AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. JUST VERY

BRIEFLY FOR MY COLLEAGUES, THE LAST TIME WE ACTUALLY TOOK THIS BILL UP

WAS FEBRUARY 24TH OF 2020, LAST YEAR JUST MERE WEEKS BEFORE WE REALLY

STARTED TO UNDERSTAND THE COVID -- WHAT OUR LAST YEAR HAS REALLY BEEN

LIKE. SO, I JUST WANT TO POINT OUT FOR MY COLLEAGUES THAT THIS BILL IS NOT

JUST TAKING EFFECT DURING AND IT WILL SUNSET AT SOME POINT AT THE END OF

COVID. THIS IS -- THIS IS A PERMANENT CHANGE THAT'S PROPOSED FOR OUR

LAW. SO, FOR THE SAME REASONS THAT I STATED LAST YEAR I, AS MR. GOODELL

SAID EARLIER, I DO SUPPORT THE CONCEPT OF TRYING TO ADDRESS THIS ISSUE. I

HAPPEN TO DISAGREE WITH THE WAY THAT THIS BILL DOES IT. I THINK THAT, YOU

KNOW, MORE PEOPLE RECEIVING UNEMPLOYMENT BENEFITS ARE GOING TO JUST

PLACE FURTHER PRESSURE ON AN ALREADY DEEPLY UNDERFUNDED SYSTEM WITH

NO PLAN TO REIMBURSE THOSE EXPENSES. AND FOR THOSE REASONS, I WILL NOT

BE SUPPORTING THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MS. LUNSFORD TO EXPLAIN HER VOTE.

MS. LUNSFORD: THANK YOU, MR. SPEAKER. I'M

VERY EXCITED TO SUPPORT THIS BILL. FOR YEARS, I WAS AN ATTORNEY WHO

NYS ASSEMBLY JANUARY 26, 2021

WORKED WITH PEOPLE WHO WERE TRYING TO GET BACK INTO THE WORKFORCE

FOLLOWING WORKPLACE INJURIES AND WORKERS' COMPENSATION AND ALSO

THROUGH UNEMPLOYMENT. THE WAY OUR UNEMPLOYMENT SYSTEM WORKS

VERSUS HOW OUR WORKERS' COMPENSATION SYSTEM WORKS, IT DISINCENTIVES

PEOPLE FROM GETTING BACK INTO THE WORKFORCE. UNDER OUR CURRENT

SYSTEM, IF YOU WORK EVEN ONE HOUR OF ONE DAY, YOU GET A REDUCTION IN

BENEFITS OF 25 PERCENT. IT'S AN ENORMOUS DISINCENTIVE TO GET BACK INTO

THE WORKFORCE. AND TODAY WITH SO MANY PEOPLE TRYING TO FIND ANY

WORK THEY CAN, WE NEED TO FIGURE OUT WAYS TO PUT REAL DOLLARS IN

PEOPLE'S POCKET AND HELP PUT THEM BACK TO WORK.

I'M SO EXCITED THAT THIS CHANGE IS PERMANENT BECAUSE I

CAN'T TELL YOU HOW OFTEN MY CLIENTS WERE CONFUSED. MY CLIENTS DIDN'T

UNDERSTAND WHY THE STATE WOULD PENALIZE THEM FOR TRYING TO WORK, FOR

TRYING TO FEED THEIR FAMILIES. OUR WORKER'S COMPENSATION SYSTEM

WORKS ON A REDUCED EARNINGS BASIS, AS WELL. THAT SYSTEM HAS A MUCH

GREATER CHANCE OF PUTTING SOMEONE BACK INTO THE WORKFORCE. SO THANK

YOU SO MUCH TO THE SPONSOR OF THIS BILL, TO EVERYONE WHO IS VOTING FOR

IT AND ON BEHALF OF ALL OF MY PREVIOUS CLIENTS AND ALL OF MY

CONSTITUENTS, THANK YOU FOR THIS COMMONSENSE CHANGE. I'LL BE VOTING IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. LUNSFORD IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICANS IN SUPPORT OF THIS LEGISLATION: MR. RA, MRS.

NYS ASSEMBLY JANUARY 26, 2021

MILLER, MR. BARCLAY, MR. GANDOLFO, MR. DESTEFANO, MR. SCHMITT, MR.

BYRNES, MR. DURSO, MR. MILLER AND MR. SMITH. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02574, RULES REPORT

NO. 11, WALKER. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE

AUTOMATIC VOTER REGISTRATION PROCESS.

ACTING SPEAKER AUBRY: MR. -- MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. I WOULD

LIKE TO GO ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: MR. NORRIS ON THE

BILL.

MR. NORRIS: LAST YEAR WE HAD A VERY NICE DEBATE

WITH MS. WALKER. I WOULD LIKE TO CONGRATULATE HER ON BECOMING THE

CHAIR OF THE ELECTION LAW COMMITTEE AND I LOOK FORWARD TO WORKING

WITH HER IN THAT CAPACITY, BUT WHEN WE DEBATED THE BILL LAST TIME, THERE

WERE SEVERAL AGENCIES THAT I ASKED TO BE CONSIDERED TO BE INCORPORATED

INTO THE STATUTE. AND UNDER THIS CHAPTER AMENDMENT, ONLY ONE WAS

ADDED IN AT ALL AND THAT WAS SUNY COLLEGES. BUT AG AND MARKETS FOR

OUR FARMERS, THE DEPARTMENT OF TAXATION AND FINANCE WHERE PEOPLE

FILL OUT THEIR TAX FORMS, THE DEC WHERE PEOPLE HAVE FISHING AND

HUNTING OVERSIGHT, THAT AGENCY, THE EMPIRE STATE DEVELOPMENT

CORPORATION WHERE BUSINESSES APPLY FOR ECONOMIC DEVELOPMENT, OUR

NYS ASSEMBLY JANUARY 26, 2021

PISTOL PERMIT OFFICES WHERE PEOPLE APPLY FOR THEIR PISTOL PERMITS, THE

ALCOHOL AND BEVERAGE CONTROL OFFICE WHERE THERE'S OVERSIGHT OF OUR

LIQUOR LICENSES FOR BUSINESSES, THE REAL PROPERTY SERVICES OFFICE WHERE

PEOPLE GO AND THEY FILL OUT AND GET HELP FOR THEIR STAR EXEMPTIONS,

SMALL BUSINESS CENTERS AND ECONOMIC DEVELOPMENT CENTERS, AND ALSO

PROFESSIONAL LICENSING AGENCIES SUCH AS WHERE REAL ESTATE BROKERS AND

ATTORNEYS AND OTHER MEMBERS MAY FILL OUT THEIR LICENSES. NONE OF THESE

AGENCIES WERE INCORPORATED INTO THIS CHAPTER AMENDMENT, AND I JUST

FIND IT VERY DISCOURAGING THAT THESE AGENCIES WHO DEAL DIRECTLY WITH

TAXPAYERS ARE NOT INCORPORATED INTO THE STATUTE; HOWEVER, THE GOVERNOR

MUST BE IN A THREE-WAY AGREEMENT WITH BOTH HOUSES WANTED TO MAKE

SURE THE SUNY COLLEGES WERE IN THERE. I DON'T SEE ANYTHING IN HERE

ABOUT PRIVATE COLLEGES OR VOCATIONAL TRADE SCHOOLS WHERE THEY MAY ALSO

GET TAP FUNDING.

I ALSO HAVE A FEW CONCERNS REGARDING THE ORIGINAL BILL

IN TERMS OF THE ADMINISTRATIVE BURDEN ON THESE AGENCIES TO ACTUALLY

IMPLEMENT THIS PROCESS. AND THOUGH THERE WERE TWO MINOR CHANGES,

WHICH WERE GOOD IN TERMS OF NOTIFICATIONS FROM THE BOARD OF

ELECTIONS, THERE'S STILL A TREMENDOUS COST FACTOR IN HAVING THIS

AUTOMATIC VOTER REGISTRATION SYSTEM PUT INTO PLACE. ALSO, IN THAT LAST

DEBATE THAT WE HAD, WE HAD A LONG DISCUSSION ON THE OPT-OUT BOX. AND

IF RIGHT NOW -- OR PREVIOUSLY OR -- I GUESS, YOU WOULD HAVE TO

AFFIRMATIVELY SAY "I WANT TO REGISTER TO VOTE," AND UNDER THIS PROVISION

THE OPT-OUT WOULD PREVAIL. ALSO, A LACK OF SIGNATURE REQUIREMENT, IF

YOU PUT IN THE AUTOMATIC VOTER REGISTRATION THROUGH THE AGENCY BUT NO

NYS ASSEMBLY JANUARY 26, 2021

SIGNATURE, YOU'RE STILL REGISTERED.

I AM ALSO CONCERNED REGARDING THE DEFAULT IN TERMS OF

CRIMINAL LIABILITY THROUGH THE AUTOMATIC VOTER REGISTRATION SYSTEM. YOU

GET A WARNING RIGHT NOW ON THE CURRENT VOTER REGISTRATION CARD. THE

FIRST QUESTION IS, "ARE YOU A U.S. CITIZEN, YES OR NO?" RIGHT

UNDERNEATH, "IF YOU ANSWER NO, YOU CANNOT REGISTER TO VOTE." IT'S VERY

CLEAR IN THAT REGISTRATION. UNDER THE AUTOMATIC VOTER REGISTRATION BILL,

THERE'S ALSO AN ADDITIONAL WARNING THAT FLASHES SUPPOSEDLY ON THE

SCREEN, OR THE INDIVIDUAL WHO'S PROCESSING THE FORM HAS TO BE NOTIFIED

OF THAT, "IF YOU'RE NOT A U.S. CITIZEN OR IF YOU ARE HERE ILLEGALLY, YOU

CANNOT FILL OUT THIS FORM." DESPITE THESE TWO WARNINGS, THERE IS IN THE

STATUTE, UNLESS YOU KNOWINGLY AND WILLFULLY REGISTER TO VOTE WHEN YOU

SHOULDN'T HAVE, THAT'S THE ONLY STANDARD, OTHERWISE YOU'RE NOT GUILTY OF

A CRIME.

SO, AGAIN, I JUST RAISE THESE CONCERNS ON THE RECORD FOR

A SECOND TIME. I HOPE THAT WE CAN WORK TOGETHER IN A COOPERATIVE

FASHION TO EXAMINE THESE ISSUES. AND I HAVE CONCERNS THAT NONE OF

THESE ISSUES WERE REALLY WORKED ON DURING THE CHAPTER AMENDMENTS

AND THE VERIFICATION AND THE SAFEGUARDS FROM FRAUD ARE STILL THERE. AND

WE HAVE TO MAKE SURE THAT WE HAVE PROVISIONS IN PLACE, THE SAFEGUARDS

AND THE VERIFICATION OF THE SIGNATURE TO ENSURE THAT ALL VOTERS HAVE THE

OPPORTUNITY TO VOTE IN A PROPER --

ACTING SPEAKER AUBRY: MS. WALKER, WHY DO

YOU RISE?

MS. WALKER: (MIC NOT ON) -- REQUEST THAT MR.

NYS ASSEMBLY JANUARY 26, 2021

NORRIS ANSWER A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. NORRIS, WILL YOU

YIELD?

MR. NORRIS: OF COURSE, MS. WALKER.

ACTING SPEAKER AUBRY: MR. NORRIS YIELDS.

MS. WALKER: THANK YOU, MR. NORRIS. SO I WOULD

SAY THAT YOUR RECITATION OF YOUR CONCERNS, WHICH ARE PROPERLY

SUBMITTED ON THE RECORD FOR THE SECOND TIME ARE DULY-NOTED; HOWEVER,

MR. NORRIS, ONE OF THE CONCERNS THAT YOU BROUGHT UP SPOKE ABOUT THE --

SPOKE ABOUT ADDITIONAL AGENCIES THAT YOU WOULD LIKE TO RECOMMEND FOR

INCLUSION IN THE AUTOMATIC VOTER REGISTRATION BILL. DO YOU

ACKNOWLEDGE, SIR, THAT THERE IS A PROVISION THAT ALLOWS FOR A STUDY TO BE

CONDUCTED ON THE AGENCIES THAT HAVE BEEN INCLUDED, AS WELL AS A

PROCESS THAT CAN BE TAKEN IN ORDER TO INCLUDE THESE ADDITIONAL AGENCIES

THAT YOU SUGGEST?

MR. NORRIS: MS. WALKER, I WILL ACKNOWLEDGE THAT

IN THE BILL AND NOW IN THE -- IT WAS ONE YEAR. NOW IT'S A TWO-YEAR

PROVISION THAT THE GOVERNOR IN THE GOVERNOR'S DISCRETION HAS THE ABILITY

TO SAY WHETHER OR NOT THEY WANT CERTAIN AGENCIES INCORPORATED OR NOT.

MY POINT IS IS THAT GOVERNORS WILL CHANGE IN TIME, THIS WILL BE A

PERMANENT STATUTE AND THAT WE SHOULD INCORPORATE LIKE ALL THE OTHER

AGENCIES, THE SOCIAL SERVICES DEPARTMENT, THE NEW YORK CITY HOUSING

AUTHORITY, AND SO ON, THAT ARE ALREADY ENUMERATED IN THE STATUTE, THESE

ALSO SHOULD BE INCLUDED SPECIFICALLY IN THE STATUTE. SO I WILL

ACKNOWLEDGE TO YOU THAT THERE IS REVIEW BY THE EXECUTIVE, A ONE-YEAR

NYS ASSEMBLY JANUARY 26, 2021

CURRENTLY, THIS CHAPTER AMENDMENT WOULD BE TO A TWO-YEAR; HOWEVER,

I BELIEVE THAT THEY SHOULD BE SPECIFICALLY IN THE STATUTE.

MS. WALKER: THANK YOU, MR. NORRIS. WILL YOU

YIELD FOR ONE MORE QUESTION, PLEASE?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

NORRIS?

MR. NORRIS: YES.

MS. WALKER: SO THANK YOU FOR THAT

ACKNOWLEDGEMENT, AND I DO UNDERSTAND THAT THIS BILL, AS IN ALL

LEGISLATION, IS A LIVING AND BREATHING DOCUMENT AND IT ALLOWS FOR ALL OF

US TO HAVE AN OPPORTUNITY TO REVISIT THINGS THAT WE MAY BELIEVE WILL

MAKE OUR BILLS AND THE LAWS OF THIS STATE MORE PROGRESSIVE. I ALSO WANT

TO BRING YOUR ATTENTION TO ANOTHER PORTION OF THE BILL. DO YOU

ACKNOWLEDGE, SIR, WITH RESPECT TO YOUR DISCUSSION ON THE SIGNATURE, THAT

IF YOUR SIGNATURE WAS NOT TRANSMITTED AT THE ORIGINAL TIME OF THE

APPLICATION, THAT IF YOU SIGN YOUR AFFIDAVIT BALLOT ENVELOPE, SUBJECT TO

PERJURY, THEN THE BOARD OF ELECTIONS HAS YOUR SIGNATURE AT THAT TIME?

MR. NORRIS: YES, I'LL ACKNOWLEDGE THAT IN THE

INCORPORATION OF THE BILL THAT THAT PROVISION IS THERE; HOWEVER, I BELIEVE

THAT IT SHOULD BE SUBMITTED AT THE APPROPRIATE MOMENT OF THE

TRANSMISSION OF THE ORIGINAL SIGNATURE TO ENSURE PROPER VERIFICATION

GOING FORWARD SO IT'S THERE. BUT I WILL ACKNOWLEDGE FOR THE RECORD THAT

IN THE PROVISION, SOMEONE COULD SUBMIT AN AFFIDAVIT BALLOT AS PART OF

THAT TRANSMISSION.

MS. WALKER: THANK YOU, MR. NORRIS. IN THE SPIRIT

NYS ASSEMBLY JANUARY 26, 2021

OF COLLEGIALITY, I WANT TO JUST NOTE THAT YOUR CONCERNS AND DISCUSSIONS

ARE ALWAYS RESPECTED AND EXPECTED, AND I LOOK FORWARD TO COLLABORATING

WITH YOU ON MAKING SURE THAT, YOU KNOW, PEOPLE WHO SHOW UP AT THESE

AGENCIES ARE ABLE TO BE REGISTERED TO VOTE AND THAT WE ARE REMOVING

ADEQUATE BARRIERS TO MAKE VOTING EFFICIENT AND ACCESSIBLE FOR ALL, BUT I

DO LOOK FORWARD TO CONTINUING IN A DIALOGUE WITH YOU. THANK YOU, SIR.

MR. NORRIS: THANK YOU, MS. WALKER, I APPRECIATE

THE OPPORTUNITY TO ANSWER YOUR QUESTIONS AND, AGAIN, JUST ON THE BILL, I

NOTED MY CONCERNS FOR THE RECORD AND I ENCOURAGE MY COLLEAGUES TO

VOTE AGAINST THIS CHAPTER AMENDMENT AS MUCH MORE WORK NEEDS TO BE

DONE ON THIS BILL. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

NORRIS.

MR. REILLY.

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

SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: YES, I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. REILLY: THANK YOU, MS. WALKER. AFTER

REVIEWING THE BILL, I SAW THAT IT POSTPONES THE ENACTMENT FOR THE

AGENCIES EXCEPT THE DEPARTMENT OF MOTOR VEHICLES. THE QUESTION I

HAVE IS WITH THE EXECUTIVE BUDGET AND IF IT MOVES FORWARD, AND I KNOW

I'M MOVING A LITTLE AHEAD, IF THE EXECUTIVE BUDGET IS INCLUDED IN BOTH

NYS ASSEMBLY JANUARY 26, 2021

THE SENATE AND THE ASSEMBLY HOUSE AND WE PASS IT, THERE WILL BE A FEE

INSTITUTED FOR ONLINE SERVICES WITH THE DEPARTMENT OF MOTOR VEHICLES.

IS -- WOULD THAT BE SEEN AS AN OBSTACLE FOR REGISTERING VOTERS SINCE

THERE WOULD BE A FEE FOR THAT ONLINE APPLICATION?

MS. WALKER: ALREADY -- THERE'S ALREADY A FEE FOR

MANY OF THE ENCOUNTERS THAT FOLK HAVE AT THE DEPARTMENT OF MOTOR

VEHICLES, AND WE ARE NOT ERADICATING OTHER FORMS OR OPPORTUNITIES FOR

FOLK TO BE REGISTERED TO VOTE. SO, YOU KNOW, IT'S -- IT'S -- I DON'T BELIEVE

THAT THERE'S ANY ADDITIONAL BURDEN AND/OR OBSTACLES; THERE ARE STILL OTHER

OPPORTUNITIES. THIS JUST MAKES IT EASIER, MORE EFFECTIVE, AND REGISTERS

MANY MORE INDIVIDUALS TO VOTE.

MR. REILLY: OKAY. SO -- SO WE DON'T THINK THAT

THAT -- THIS WOULD BE SEEN AS ANY VIOLATION BECAUSE IT WOULD BE A FEE

JUST FOR USING ONLINE SERVICES AT DMV. THAT'S NOT INCLUDING THE, YOU

KNOW, LICENSING FEES AND FEES FOR REGISTRATION FOR MOTOR VEHICLES OR FOR

BOATS, BUT SIMPLY JUST USING AN ELECTRONIC DEVICE TO PROCESS THAT

TRANSACTION.

MS. WALKER: WELL, IF IT WAS UP TO ME, MR. REILLY,

THERE WOULD BE NO FEES FOR ANY OF THOSE PARTICULAR TRANSACTIONS, BUT I

JUST DON'T BELIEVE THAT THIS IS THE JURISDICTION OF THIS PARTICULAR PIECE OF

LEGISLATION TO ADDRESS FEES, BUT THERE IS AN APPROPRIATE OPPORTUNITY FOR

YOU TO ADDRESS THOSE CONCERNS AT ANY ONE OF THE PARTICULAR AND RELEVANT

COMMITTEE HEARINGS ON THE BUDGET, SIR.

MR. REILLY: NO, I APPRECIATE THAT AND I DEFINITELY

WILL RAISE THOSE CONCERNS, BUT I THINK THIS IS SPECIFICALLY A QUESTION TO

NYS ASSEMBLY JANUARY 26, 2021

ACCESS FOR VOTER REGISTRATION THAT I WANTED TO MAKE SURE IS -- IS

HIGHLIGHTED BECAUSE IF WE TRY AND HAVE THE MOST NONRESTRICTIVE VOTER

REGISTRATION, I THINK HAVING THAT AS AN ONLINE FEE AND THE ABILITY TO

I FIGURED I'D JUST HIGHLIGHT THAT.

MS. WALKER: THANK YOU.

MR. REILLY: SO, THANK YOU FOR -- THANK YOU FOR

YOUR TIME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. LAWLER: THANK YOU. IF THE OBJECTIVES OF THIS

BILL IS TO MAKE IT EASIER FOR NEW YORKERS TO REGISTER TO VOTE, SHOULDN'T

WE PROACTIVELY IDENTIFY ALL OF THE AGENCIES IN THE LAWS -- IN THE LAW AS

OPPOSED TO ALLOWING FOR A STUDY IN PROLONGING THAT?

MS. WALKER: WELL, IT WOULD BE MY EXPECTATION

AND HOPE THAT WE ARE ABLE TO GET TO A POINT WHERE EVERY AGENCY, CITY,

STATE, TOWN, VILLAGE OR OTHERWISE WHERE WE HAVE AUTOMATIC VOTER

REGISTRATION, BUT I ALSO RECOGNIZE THAT THIS BILL, JUST LIKE MANY OTHER

BILLS, TAKES TIME TO GET ACROSS THE FINISH LINE TO WHERE IT IS THAT WE ALL

NYS ASSEMBLY JANUARY 26, 2021

EXPECT IT TO BE, AND SO I JOIN IN WITH YOU IN WORKING TO GET MORE

AGENCIES TO BE INCLUDED.

MR. LAWLER: I APPRECIATE THAT. WHEN LOOKING AT

THE AGENCIES, CAN YOU EXPLAIN WHY YOU BELIEVE, BASED ON THE CURRENT

LAW AND THE CHAPTER AMENDMENT, WHY SOME AGENCIES ARE MORE

MERITORIOUS WHEN IT COMES TO INCLUSION IN AUTOMATIC VOTER REGISTRATION,

SAY SUNY VERSUS PISTOL PERMIT OFFICES OR SMALL BUSINESS CENTERS OR THE

DEPARTMENT OF TAX AND FINANCE OR DEC?

MS. WALKER: I DON'T BELIEVE THAT THE AGENCIES ARE

WEIGHTED WITH RESPECT TO WHETHER THEY'RE MERITORIOUS OR NOT. IT'S JUST A

MATTER OF THESE ARE THE PARTICULAR AGENCIES THAT ARE INCLUDED IN THIS

PARTICULAR LEGISLATION. OF COURSE, YOU KNOW, YOU ARE ALWAYS AVAILABLE

IN YOUR CAPACITY AS A MEMBER TO INCLUDE IN WHATEVER BILL THAT YOU

BRING FORWARD TO INCLUDE ANY BILLS THAT YOU SEE FIT.

MR. LAWLER: OKAY. ON THE ISSUE OF SUNY, THEN,

WHAT WAS THE DETERMINATION TO INCLUDE SUNY HERE? WHY DID YOU

CHOOSE SUNY AS PART OF THIS BILL?

MS. WALKER: WELL, WE BELIEVE THAT SUNY

COLLECTS THE REQUISITE INFORMATION THAT WOULD BE AVAILABLE AND

NECESSARY IN ORDER TO ACCOMPLISH AUTOMATIC VOTER REGISTRATION AND, YOU

KNOW, IT IS OUR EXPECTATION THAT WE ARE ENCOURAGING MORE PEOPLE TO

ENGAGE IN THE ELECTORAL PROCESS EARLIER, AS EARLY AS POSSIBLE. AND, QUITE

FRANKLY, IT WOULD BE MY HOPE THAT WE ALSO INCLUDE HIGH SCHOOLS SINCE

WE CAN NOW PRE-REGISTER 16- AND 17-YEAR-OLDS TO VOTE. SO, AGAIN, I

LOOK FORWARD TO DOING EVERYTHING IT IS THAT'S POSSIBLE IN ORDER TO MAKE

NYS ASSEMBLY JANUARY 26, 2021

SURE THAT VOTING AND REGISTERING TO VOTE IS AS ACCESSIBLE TO AS MANY

PEOPLE AS POSSIBLE.

MR. LAWLER: OKAY. THANK YOU, AND ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LAWLER: THANK YOU, MR. SPEAKER. I THINK THE

IDEA OF AUTOMATIC VOTER REGISTRATION IS LAUDABLE IN TRYING TO ENSURE THAT

OUR RESIDENTS HAVE THE ABILITY TO VOTE IN OUR ELECTIONS, THOSE WHO ARE

LEGALLY AUTHORIZED TO DO SO, AND ELIGIBLE. I THINK WHAT IS INTERESTING

ABOUT THE ORIGINAL BILL, AND HERE THE CHAPTER AMENDMENT, OBVIOUSLY, IS

WHICH AGENCIES ARE DEEMED MERITORIOUS, AND I USE THAT WORD BECAUSE IT

SEEMS THAT THERE IS A DELIBERATE METHOD BEHIND WHY CERTAIN AGENCIES

ARE CHOSEN AND WHY CERTAIN AGENCIES ARE EXCLUDED. AND I THINK

OFTENTIMES IT HAS TO DO WITH, YOU KNOW, WHICH POLITICAL PERSUASION

MAY UTILIZE CERTAIN DEPARTMENTS AS OPPOSED TO SOME OTHER DEPARTMENTS

BASED ON -- ON ISSUES AND POLICIES.

AND SO, I THINK IT'S IMPORTANT IF WE ARE GOING TO PASS

LEGISLATION THAT ENSURES AUTOMATIC VOTER REGISTRATION THAT WE DO THAT FOR

ALL NEW YORKERS, AND THAT WE DON'T DISCRIMINATE AGAINST NEW YORKERS

BASED ON THE AGENCIES THEY MAY USE OR NOT USE, AND THAT WE PASS

LEGISLATION THAT MAKES THE PROCESS FAIR AND EQUAL FOR EVERYONE. AND SO

THAT -- I WILL BE VOTING NO ON THIS PIECE OF LEGISLATION AS I THINK IT DOES

NOT DO WHAT IT IS INTENDED AND, IN FACT, I THINK IT DELIBERATELY GOES

AGAINST THE PROCESS OF ENSURING EQUAL AND FAIR ELECTIONS.

ACTING SPEAKER AUBRY: MR. LAWLER, THANK

YOU.

NYS ASSEMBLY JANUARY 26, 2021

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT NO. A02574. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY VOTING NO FOR THE REASONS THAT WERE

ARTICULATED EARLIER, BUT IF WE HAVE MEMBERS WHO WOULD LIKE TO SUPPORT

THIS AMENDMENT, PLEASE CALL THE MINORITY LEADER'S OFFICE RIGHT AWAY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY GENERALLY ALWAYS SUPPORTS OPPORTUNITIES FOR PEOPLE TO GET

ACCESS TO BEING ABLE TO REGISTER TO VOTE; HOWEVER, IF THERE ARE

COLLEAGUES THAT WOULD DESIRE TO BE AN EXCEPTION, PLEASE FEEL FREE TO

CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL MAKE SURE THAT THE

SPEAKER IS APPRISED OF IT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

(THE CLERK RECORDED THE VOTE.)

MR. JACOBSON TO EXPLAIN HIS VOTE.

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

TO COMMEND THE SPONSOR OF THIS BILL FOR PUTTING THIS BILL TOGETHER,

NYS ASSEMBLY JANUARY 26, 2021

BECAUSE I KNOW IT'S TAKEN MANY YEARS. WE SHOULD ALWAYS MAKE VOTING

EASIER AND SIMPLER, AND THIS IS ONE MORE STEP IN THAT DIRECTION. SO, I

WOULD LIKE TO CONGRATULATE THE SPONSOR FOR THIS BILL AND URGE MY

COLLEAGUES TO VOTE FOR IT, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. JACOBSON IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I APPRECIATE MY

COLLEAGUE'S DESIRE TO EXPAND THE NUMBER OF REGISTRATIONS ACROSS NEW

YORK STATE; I THINK IT'S A VERY LAUDABLE GOAL. AND I APPRECIATE THAT THIS

CHAPTER AMENDMENT EXTENDS THE EFFECTIVE DATE OF AUTOMATIC VOTER

REGISTRATION FOR ANOTHER YEAR, WHICH I THINK IS ALSO POSITIVE, BECAUSE IT

GIVES US ANOTHER YEAR TO ADDRESS SOME OF THE ISSUES THAT HAVE BEEN

RAISED. AND IF WE TRULY WANT TO REGISTER MORE PEOPLE IN NEW YORK

STATE, THEN WE SHOULD MAKE AUTOMATIC VOTER REGISTRATION AVAILABLE NOT

JUST IN THOSE AGENCIES THAT CATER TO PEOPLE WHO ARE SEEKING BENEFITS

FROM GOVERNMENT, BUT ALSO TO THOSE AGENCIES THAT SERVE THE TAXPAYERS.

SO IT SEEMS THAT IF WE'RE SERIOUS ABOUT ENCOURAGING

EVERYONE TO REGISTER TO VOTE, WE WANT TO MAKE SURE THAT OPPORTUNITY

APPLIES IF YOU PAY YOUR PROPERTY TAXES OR YOUR NEW YORK STATE INCOME

TAXES, OR YOU SEEK A LICENSE SO THAT YOU CAN PRACTICE IN NEW YORK STATE

OR RUN A BUSINESS IN NEW YORK STATE. SO, NOT JUST THOSE WHO ARE

SEEKING MONEY FROM NEW YORK STATE SHOULD BE -- HAVE THE

OPPORTUNITY TO HAVE AUTOMATIC VOTER REGISTRATION, BUT ALSO THOSE WHO

ARE FOOTING THE BILL AND PAYING TAXES. SO OVER THE NEXT YEAR I AM

NYS ASSEMBLY JANUARY 26, 2021

HOPEFUL THAT ALL OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE THAT WANT TO

MAXIMIZE THE NUMBER OF PEOPLE WHO ARE REGISTERED TO VOTE WILL JOIN

ME AND MY COLLEAGUES IN EXPANDING THAT OPPORTUNITY TO INCLUDE ALL

THOSE AGENCIES AND ENTITIES THAT TYPICALLY DEAL WITH THOSE WHO ARE NOT

SEEKING MONEY FROM NEW YORK STATE BUT ARE PAYING MONEY TO NEW

YORK STATE THROUGH THEIR TAXES.

SO, AGAIN, I APPRECIATE THE OVERALL CONCEPT, LOOK

FORWARD TO WORKING WITH MY COLLEAGUES HOPEFULLY TO EXPAND VOTER

REGISTRATION AND ENSURE THAT EVERYONE HAS THAT OPPORTUNITY. IN THE

MEANTIME, I CANNOT SUPPORT THIS PARTICULAR VERSION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I SEE WE

HAVE A HAND UP HERE, I'M NOT SURE IF IT'S --

ACTING SPEAKER AUBRY: I'M SORRY, MS.

WALLACE.

MS. WALLACE NEEDS TO BE UNMUTED, I BELIEVE.

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

GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I DO SUPPORT THIS

LEGISLATION AND I WANT TO THANK THE SPONSOR FOR PUTTING IT FORWARD. I

JUST, LIKE MY COLLEAGUES, I ALSO SUPPORT OPPORTUNITIES TO EXPAND ACCESS

TO THE BALLOT AND I BELIEVE THIS IS A STEP IN THE RIGHT DIRECTION. I ONLY

RISE TO SPEAK TO SAY I DO HAVE A CONCERN THAT -- THAT THERE MIGHT BE

PEOPLE WHO INADVERTENTLY GET REGISTERED TO VOTE, AND I WANT TO MAKE

NYS ASSEMBLY JANUARY 26, 2021

SURE THAT THEY DON'T GET PENALIZED FOR DOING SO. I KNOW THAT THE BILL

DOES TRY TO ADDRESS THAT. I ALSO HAVE A BILL THAT WOULD REQUIRE THE DMV

TO WORK WITH THE BOARD OF ELECTIONS TO MAKE SURE THAT PROVISIONS ARE

MADE SO THAT PEOPLE DON'T ACCIDENTLY REGISTER TO VOTE WHEN THEY DON'T

MEAN TO, FOR EXAMPLE, IF THEY'RE NOT A CITIZEN THEY DON'T INADVERTENTLY

CHECK THE WRONG BOX OR FAIL TO UNCHECK THE BOX.

AND SO, I WOULD JUST SORT OF SUGGEST THAT WE

ENCOURAGE OUR AGENCIES TO WORK TOGETHER WITH THE BOARD OF ELECTIONS

TO MAKE SURE THAT THAT DOES NOT HAPPEN, BUT I WILL BE VOTING IN THE

AFFIRMATIVE BECAUSE I THINK THIS IS THE STEP IN THE RIGHT DIRECTION.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

AND NOW MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WE DO

HAVE A FEW EXCEPTIONS, IF YOU CAN PLEASE DULY-NOTE THEM: MR.

SANTABARBARA, MS. WOERNER, MR. JONES, MS. GRIFFIN, MR. STERN, MS.

BUTTENSCHON AND MR. CUSICK.

ACTING SPEAKER AUBRY: SO NOTED.

MS. FERNANDEZ TO EXPLAIN HER VOTE.

MS. FERNANDEZ: THANK YOU, MR. SPEAKER. I WANT

TO COMMEND THE SPONSOR FOR INTRODUCING THIS BILL. SHE HAS BEEN A

TREMENDOUS LEADER IN EXPANDING ACCESS TO VOTING IN OUR STATE AND

(UNINTELLIGIBLE/MIC CUTTING OUT) AND TO BE ACTIVE VOTERS IN THE

DEMOCRATIC PROCESS. SO I SUPPORT THIS BILL. I THINK IT'S CERTAINLY A RIGHT

NYS ASSEMBLY JANUARY 26, 2021

STEP IN THE DIRECTION THAT WE NEED TO GO TO MAKE SURE THAT WE ARE LIFTING

UP EVERY VOICE IN THIS STATE. SO THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MS. FERNANDEZ IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03011, RULES REPORT

NO. 12, BUDGET BILL. AMENDS THE 2020-2021 AID TO LOCALITIES

BUDGET.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK -- ON A

MOTION BY MS. WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE BILL NO. S02511. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY JANUARY 26, 2021

THE CLERK: ASSEMBLY NO. A03207, RULES REPORT

NO. 13, BRONSON, HEASTIE, PEOPLES-STOKES, LAVINE, STIRPE, DINOWITZ,

CYMBROWITZ, RICHARDSON, JEAN-PIERRE, REYES, EPSTEIN, CRUZ, GOTTFRIED,

WEINSTEIN, NOLAN, ABBATE, COOK, GLICK, AUBRY, CAHILL, ENGLEBRIGHT,

GALEF, PERRY, PRETLOW, J. RIVERA, CUSICK, BENEDETTO, LUPARDO, HEVESI,

L. ROSENTHAL, ZEBROWSKI, THIELE, WEPRIN, QUART, FAHY, KIM, OTIS,

SOLAGES, STECK, DAVILA, PICHARDO, BARRON, BICHOTTE HERMELYN, JOYNER,

SEAWRIGHT, WALKER, HYNDMAN, BARNWELL, CARROLL, DE LA ROSA,

DICKENS, NIOU, PHEFFER AMATO, VANEL, WALLACE, D. ROSENTHAL, TAYLOR,

DARLING, FALL, FERNANDEZ, FRONTUS, GRIFFIN, JACOBSON, MCMAHON,

SAYEGH, ANDERSON, BURDICK, BURGOS, CLARK, GALLAGHER,

GONZALEZ-ROJAS, JACKSON, KELLES, LUNSFORD, MAMDANI, MEEKS,

MITAYNES, J. D. RIVERA, SEPTIMO, SILLITTI, SOUFFRANT FORREST, ZINERMAN,

O'DONNELL, RODRIGUEZ. AN ACT ESTABLISHING THE "COVID-19

EMERGENCY PROTECT OUR SMALL BUSINESSES ACT OF 2021"; IN RELATION TO

EVICTION PROCEEDINGS; AND TO PROVIDE FOR THE EXPIRATION OF CERTAIN

PROVISIONS UPON THE EXPIRATION THEREOF (PART A); AND IN RELATION TO

FORECLOSURE PROCEEDINGS; AND PROVIDING FOR THE EXPIRATION OF CERTAIN

PROVISIONS UPON THE EXPIRATION THEREOF (SUBPART A); IN RELATION TO TAX

SALES; AND PROVIDING FOR THE EXPIRATION OF CERTAIN PROVISIONS UPON THE

EXPIRATION THEREOF (SUBPART B); TO ESTABLISH HARDSHIP DECLARATIONS FOR

OWNERS OF COMMERCIAL REAL PROPERTY; AND PROVIDING FOR THE EXPIRATION

OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF (SUBPART C) (PART B).

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

NYS ASSEMBLY JANUARY 26, 2021

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON --

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WILL THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. BRONSON, WILL

YOU YIELD, SIR?

MR. BRONSON: YES, I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BRONSON YIELDS.

MRS. PEOPLES-STOKES: MR. BRONSON, FIRST OF ALL,

I WANT TO THANK YOU FOR INTRODUCING THIS PIECE OF LEGISLATION. AS YOU

DULY-NOTE, I AM A SPONSOR OF IT AND I'M EXCITED ABOUT ITS PASSAGE, BUT

JUST FOR CLARITY PURPOSES, IF YOU COULD TALK A LITTLE BIT ABOUT -- I KNOW

THAT THERE'S NO SPECIFICITY ON WHO HAS ACCESS TO THIS, IT'S JUST BUSINESS IN

GENERAL ACROSS THE STATE, SMALL BUSINESS, BUT I ALSO DO KNOW THAT WHEN

THERE WERE SMALL BUSINESS OPPORTUNITIES AT THE FEDERAL LEVEL, THEY ALL

SEEMED TO GO TO BUSINESSES THAT EITHER HAD THE CAPACITY TO HIRE

CONSULTANTS TO GET THEM THROUGH THE PROCESS AND/OR HAD A BETTER ACCESS

THAN A LOT OF MINORITY-OWNED BUSINESSES AND/OR WOMEN-OWNED

BUSINESSES. AND SO I'M WONDERING YOUR THOUGHTS ON THAT AND HOW THIS

AS A PROCESS CAN BE MORE BENEFICIAL TO NOT JUST SOME OF THE BUSINESSES,

BUT ALL OF THE BUSINESSES.

MR. BRONSON: SURE, THAT'S A VERY GOOD QUESTION,

NYS ASSEMBLY JANUARY 26, 2021

MADAM LEADER. WHAT WE'RE TRYING TO DO HERE IS TO GIVE A PAUSE TO

SMALL BUSINESSES WHO ARE SUFFERING UNDER THE MANDATES TO CLOSE OR TO

REDUCE THEIR HOURS, OPERATIONAL MANDATES, THINGS OF THAT NATURE WHICH

HAS THEN REDUCED THE REVENUES COMING INTO THE SMALL BUSINESSES, TO NO

FAULT OF THEIR OWN BUT BECAUSE OF THE PANDEMIC. WE HAVE TRIED TO

SAFEGUARD ALL OF THESE SMALL BUSINESSES BY HAVING A REQUIREMENT,

NUMBER ONE, THAT THERE WOULD BE A 60 DAY MORATORIUM ON ALL EVICTIONS

AND TAX AND MORTGAGE FORECLOSURES AND THEN BEYOND THAT, UP UNTIL MAY

1ST IF THERE IS A SHOWING OF HARDSHIP AND THE TENANT GIVES A HARDSHIP

DECLARATION, THEN THERE WOULD BE A STAY ON PROCEEDINGS UNTIL MAY 1ST,

2021.

THIS IS WHERE WE'RE TRYING TO CAPTURE ALL SMALL

BUSINESSES BECAUSE A NOTICE BY A LANDLORD HAS TO BE -- WHENEVER THERE'S

A NOTICE, THERE HAS TO BE THE HARDSHIP DECLARATION ATTACHED TO THAT

NOTICE; SECOND, IF THERE'S ANY PROCEEDING THAT IS FILED IN COURT BUT HAS

NOT BEEN IMPLEMENTED YET, THEN THE COURT HAS TO GIVE THAT NOTICE TO

EVERY SMALL BUSINESS. AND THEN LASTLY, IF A LANDLORD WERE TO FILE A

PETITION, THEY HAVE TO DECLARE THAT THEY'VE PROVIDED THE NOTICE TO THE

SMALL BUSINESS TENANT AND THE TENANT HAS NOT SIGNED THAT NOTICE, AND

THEN THE COURT, AFTER THAT, IS OBLIGATED TO CONFIRM THAT THAT TENANT

RECEIVED THE HARDSHIP DECLARATION AND HAS HAD TIME TO REASONABLY

DECIDE WHETHER OR NOT THEY WANTED TO SIGN IT.

SO IN THAT WAY, WE BELIEVE ANY SMALL BUSINESS THAT

WOULD BE CAPTURED UNDER THE DEFINITION OF "SMALL BUSINESS" WITHIN THE

LEGISLATION, THAT WE'RE GETTING THAT NOTICE OUT TO THEM.

NYS ASSEMBLY JANUARY 26, 2021

MRS. PEOPLES-STOKES: THANK YOU, MR.

BRONSON. FOR THE RECORD, YOU KNOW, NOW MORE THAN EVER, PEOPLE

ACTUALLY WATCH OUR PROCEEDINGS. AND SO IF YOU COULD, DESCRIBE WHAT

THAT SMALL BUSINESS IS THAT -- WHO IS ELIGIBLE FOR THIS LEGISLATION THAT WE

ARE ABOUT TO CONSIDER.

MR. BRONSON: YES. SO FOR THE PURPOSES OF

EVICTION, THE SMALL BUSINESS IS A COMMERCIAL TENANT THAT IS A RESIDENT OF

THE STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD

AND EMPLOYS 50 OR FEWER PERSONS, THAT'S THE KEY RIGHT THERE IS WE'RE

DEFINING "SMALL BUSINESS" AS 50 OR FEWER. NOW, IF THE SMALL BUSINESS

IS A LANDLORD AND IS RENTING TO COMMERCIAL TENANTS, THERE IT'S 15

EMPLOYEES OR LESS AND THEY CAN'T HAVE MORE THAN TEN UNITS THAT THEY'RE

OPERATING. AND THOSE -- THOSE FOLKS WOULD BE PROTECTED AGAINST

MORTGAGE FORECLOSURES AND TAX LIEN SALE FORECLOSURES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

BRONSON.

MR. BRONSON: THANK YOU, MADAM LEADER.

ACTING SPEAKER HYNDMAN: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER HYNDMAN: THE CLERK WILL

RECORD THE VOTE ON RULES REPORT NO. 13. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

NYS ASSEMBLY JANUARY 26, 2021

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, MADAM SPEAKER. THE

REPUBLICAN CONFERENCE HAS A GREAT DEAL OF SUPPORT FOR SMALL

BUSINESSES, AND YOU MAY RECALL JUST LAST WEEK I THINK WE OFFERED AN

AMENDMENT TO A BILL THAT WOULD ACCOMPLISH EXACTLY THE SAME.

UNFORTUNATELY, THAT AMENDMENT WAS TURNED DOWN AT THAT TIME AND

WE'RE GLAD TO SEE THAT IT'S BEING RECONSIDERED. AND THE REPUBLICAN

CONFERENCE HAS INTRODUCED LEGISLATION THAT PROVIDES SPECIFIC FINANCIAL

RELIEF FOR SMALL BUSINESSES, RELIEF THAT WOULD HELP THEM THROUGH THIS

CRISIS. AND WE WELCOME BIPARTISAN SUPPORT ON THAT SMALL BUSINESS

RELIEF PACKAGE.

UNFORTUNATELY, EVEN THOUGH WE HAVE A LOT OF SUPPORT

FOR THIS BILL WITHIN OUR CONFERENCE, I WILL BE VOTING NO BECAUSE THIS BILL

FAILS TO REFLECT THE OTHER CONCERNS THAT WE RAISED ON THE RESIDENTIAL

MORATORIUM EVICTION. SO, THERE'S NO REQUIREMENT OF A GOOD FAITH EFFORT

ON THE PART OF THE SMALL BUSINESS SEEKING THIS BENEFIT. THERE'S NO

REQUIREMENT THAT THE SMALL BUSINESS HAS SOUGHT ANY FINANCIAL AID THAT'S

AVAILABLE FROM THE STATE OR FEDERAL GOVERNMENT TO OFFSET THESE

LIABILITIES. THERE'S NO REQUIREMENT THAT THE SMALL BUSINESS BE MAKING

PARTIAL PAYMENTS TOWARD THIS. THERE'S NO INCOME VERIFICATION, IT'S AN

UNVERIFIED STATEMENT OF HARDSHIP; THERE'S NO DUE PROCESS FOR THAT

STATEMENT TO BE REVIEWED. AND THERE'S CONSTITUTIONAL ISSUES ABOUT

IMPAIRING THE VALIDITY OF AN EXISTING CONTRACT. AND SO FOR THOSE

REASONS, I'LL BE COMPELLED TO VOTE NO, BUT I DO RECOGNIZE THERE'S

NYS ASSEMBLY JANUARY 26, 2021

TREMENDOUS SUPPORT ON BOTH SIDES OF THE AISLE TO HELP OUR SMALL

BUSINESSES, AND I LOOK FORWARD TO WORKING WITH THE SPONSOR AND MY

DEMOCRATIC COLLEAGUES ON A PACKAGE THAT ACTUALLY PROVIDES FINANCIAL

RELIEF, NOT JUST KICKS THE CAN DOWN THE ROAD, BUT PROVIDES FINANCIAL

RELIEF FOR ALL OF OUR SMALL BUSINESSES AND OTHER EMPLOYERS. SO I LOOK

FORWARD TO THAT BIPARTISAN COOPERATION AS WE MOVE FORWARD. THANK

YOU VERY MUCH, MADAM [SIC] SPEAKER.

ACTING SPEAKER AUBRY: MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER. I RISE

TO EXPLAIN MY VOTE. I'D LIKE TO THANK THE SPONSOR OF THIS LEGISLATION,

ASSEMBLYMEMBER BRAUNSTEIN [SIC], FOR HIS FORESIGHT AND

UNDERSTANDING THAT IN THIS MOMENT, OUR SMALL BUSINESSES ARE

STRUGGLING, AND WHEN OUR SMALL BUSINESSES STRUGGLE, OUR COMMUNITIES

STRUGGLE BECAUSE SMALL BUSINESSES ARE THE ECONOMIC ENGINE OF THE STATE

OF NEW YORK AND WE NEED TO SUPPORT THEM IN THIS MOMENT. I HAVE MET

WITH SMALL BUSINESSES ACROSS MY DISTRICT IN THE FIRST WEEK-AND-A-HALF

THAT I WAS IN OFFICE. I LISTENED TO SMALL BUSINESS OWNERS AND LEADERS

WHO ARE REALLY, REALLY STRUGGLING AND HURTING IN THIS MOMENT, WHO CAN'T

AFFORD TO PAY THEIR -- THEIR -- THEIR STAFF WAGES, WHO CAN'T AFFORD TO PAY

THEIR RENT, WHO HAVE BEEN TOTALLY DISRUPTED BY THIS COVID-19

PANDEMIC. THE INDUSTRIES OF PERSONAL CARE, THAT INCLUDES MY LOCAL

BARBERSHOP AND EVERYONE'S LOCAL BARBERSHOPS HERE ACROSS THE STATE, AND

HAIRDRESSERS. THE RESTAURANT BUSINESS HAS BEEN NEGATIVELY IMPACTED

AND HURT THROUGHOUT THIS PROCESS.

SO, I THINK THAT THIS BILL REALLY PROVIDES THEM THE

NYS ASSEMBLY JANUARY 26, 2021

SECURITY THAT THEY NEED TO ENSURE THAT THEY'RE NOT FACING AN EVICTION

AND/OR FORECLOSURE IN THIS MOMENT. THIS IS NOT SOMETHING THEY SHOULD

WORRY ABOUT. THIS IS -- THEY SHOULD BE FOCUSED ON MAKING SURE THAT

THEY CAN, YOU KNOW, RESUSCITATE THEIR BUSINESSES AS THEY'RE STRUGGLING

IN THIS MOMENT, AND THIS IS JUST ONE LESS WORRY FOR THEM. HOWEVER, I

DO THINK THAT WE NEED TO SUPPORT ADDITIONAL LEGISLATION TO PROVIDE

FINANCIAL, YOU KNOW, RESOURCES FOR THEM SO THAT THEY CAN TRULY, TRULY

RECOVER. THAT'S WHY I'M GOING TO ALSO -- I AM GOING TO VOTE IN THE

AFFIRMATIVE ON THIS BILL, BUT I ALSO WILL ENCOURAGE MY COLLEAGUES TO

SUPPORT LEGISLATION THAT WILL PROVIDE FINANCIAL SUPPORT FOR THESE

BUSINESSES IN THIS MOMENT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MR. EPSTEIN.

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

EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR FOR BRINGING THIS

FORWARD. I KNOW NOT JUST IN MY DISTRICT, ACROSS THE STATE SMALL

BUSINESSES ARE STRUGGLING EVERY SINGLE DAY. I SEE IT ALL THE TIME WITH

BUSINESSES -- FAVORITE BUSINESSES OF MINE JUST CLOSING, ALL THESE SMALL

BUSINESSES THAT WE'RE LOSING. I THINK THIS IS AN IMPORTANT FIRST STEP, BUT

I WANT TO SUPPORT THE OTHER TWO SPEAKERS, MR. GOODELL AND MR.

ANDERSON'S POINT OF, LIKE, REALLY NEEDING FINANCIAL RELIEF. WE NEED TO

SAVE OUR STOREFRONTS. WE NEED TO SAVE OUR SMALL BUSINESSES. AND THAT

MEANS FOR A LOT, WE NEED RENT RELIEF, WE NEED SUPPORT, WE NEED TO DO AS

MUCH AS WE CAN IN THIS BUDGET AND IN THIS TIME TO ASSIST THEM. WE

NYS ASSEMBLY JANUARY 26, 2021

COULD LOSE UPWARDS OF 70 PERCENT OF ALL OF OUR SMALL BUSINESSES UNLESS

WE ACT.

WE ALSO SEE THAT A LOT OF OUR SMALL BUSINESSES,

ESPECIALLY BUSINESSES OWNED BY OWNERS OF COLOR ARE NOT GETTING THE

FEDERAL RELIEF, THEY'RE NOT GETTING THE PPP LOANS, THEY'RE NOT GETTING THE

ASSISTANCE THEY NEED. THEY NEED THE STATE TO STEP IN AND HELP THEM AND

THAT'S EXACTLY WHAT OUR JOB IS TODAY. WE FORCED THEM TO CLOSE, WE NEED

TO HELP PICK UP THE PIECES FOR THEM. I SUPPORT THIS BILL AS AN IMPORTANT

STEP, BUT I APPLAUD OUR EFFORTS TO DO MORE TO SAVE OUR STOREFRONTS NOW.

I VOTE IN FAVOR OF THIS BILL AND THANK THE SPONSOR.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MS. GALLAGHER.

MS. GALLAGHER: HI. I AM ALSO VOTING IN THE

AFFIRMATIVE, AND I'D LIKE TO THANK MY COLLEAGUES WHO SPOKE BEFORE. I

FEEL VERY SIMILARLY TO THEM. I AM IN A DISTRICT WHERE THERE HAVE BEEN

OVER 100 SMALL BUSINESS CLOSURES IN THE LAST YEAR RANGING FROM

BUSINESSES THAT OPENED THE YEAR BEFORE TO BUSINESSES THAT HAVE BEEN IN

THE COMMUNITY FOR 50 YEARS. AND I HAVE BEEN URGED TIME AND AGAIN

DESPERATELY FOR SOME KIND OF RELIEF FROM THESE BUSINESS OWNERS. AND I

EVEN HEARD THE STORY OF ONE BUSINESS OWNER WHO IS DEFAULTING ON HIS

OWN APARTMENT'S RENT IN ORDER TO PAY THE RENT FOR HIS STORE AND TO PAY

HIS EMPLOYEES ENOUGH SO THAT THEY CAN PAY THEIR RENT. SO THE CHOICES

THAT PEOPLE ARE HAVING TO MAKE IN THIS COMMUNITY ARE COMPLETELY

UNREASONABLE AND I THINK THAT IN A PANDEMIC, WE NEED TO ALL WORK

NYS ASSEMBLY JANUARY 26, 2021

TOGETHER AND REALLY MAKE SURE THAT WE'RE GIVING EVERYONE ROOM TO

THRIVE AND TO SURVIVE, AND THAT'S JUST NOT WHAT'S HAPPENING WITH ALL OF

THE BILLS COMING UP TIME AND AGAIN EVERY SINGLE MONTH FOR THESE

BUSINESSES THAT CANNOT OPERATE. SO, PLEASE, PLEASE SEE THIS AS A FIRST

STEP AND NOT A FINAL STEP. I'M LOOKING FORWARD TO MORE LEGISLATION TO

HELPING SMALL BUSINESS OWNERS, AND I WILL BE VOTING IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. GALLAGHER IN THE

AFFIRMATIVE.

MS. FERNANDEZ.

MS. FERNANDEZ: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. ECHOING MANY SENTIMENTS OF MY

COLLEAGUES TODAY, WE NEED TO DO MORE FOR OUR SMALL BUSINESSES. THEY

HAVE BEEN HIT THE HARDEST DURING THIS PANDEMIC, FORCED TO CLOSE MANY

OF THEM WITH FEAR OF NOT BEING ABLE TO OPEN UP AGAIN ONCE THIS

PANDEMIC IS OVER. SO THIS IS CERTAINLY A GOOD FIRST STEP, BUT REAL RENT

RELIEF, REAL REVENUE RELIEF IS SOMETHING THAT WE NEED TO LOOK FORWARD TO

AND CERTAINLY WORK TOWARDS IF WE REALLY WANT TO HELP OUR SMALL

BUSINESSES GET OUT OF THE HOLE THAT THEY'RE IN RIGHT NOW. SO THANK YOU,

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. FERNANDEZ IN THE

AFFIRMATIVE.

MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. I'M VERY

TORN ON THIS BILL BECAUSE I THINK, OBVIOUSLY, WE ALL RECOGNIZE THE NEED

NYS ASSEMBLY JANUARY 26, 2021

TO HELP SMALL BUSINESSES DURING THIS -- THIS CRISIS AND GIVE THEM AS

MUCH SUPPORT AS WE CAN. SO MANY OF OUR FRIENDS AND NEIGHBORS HAVE

BEEN STRUGGLING, SOME OF THE DECISIONS BEING MADE BY OUR STATE

GOVERNMENT HAVE RESTRICTED BUSINESS SIGNIFICANTLY AND THE ABILITY FOR

SMALL BUSINESS OWNERS TO OPERATE. RESTAURANTS AND BARS HAVE BEEN

SHUT DOWN, IT'S BEEN DIFFICULT FOR THEM TO PAY THEIR RENT, TO OPERATE, TO

EMPLOY THEIR STAFFS. SO IT'S -- IT IS A LAUDABLE BILL IN WHAT IT IS TRYING TO

ACCOMPLISH.

I THINK MR. GOODELL OUTLINED A LOT OF THE PROBLEMS

WITH THE BILL, AND A LARGE CONCERN THAT I HAVE IS A LOT OF COMMERCIAL

REAL ESTATE OWNERS ARE, IN FACT, THEMSELVES SMALL BUSINESSES. AND THIS

BILL, WHILE EXTENDING THROUGH MAY 1ST THE ABILITY NOT TO EVICT

SOMEBODY FOR -- FOR NO PAYMENT, THESE COMMERCIAL REAL ESTATE FOLKS,

MANY OF WHOM ARE SMALL BUSINESS OWNERS THEMSELVES, ARE GOING TO BE

UNDULY HURT BY THAT. AND I THINK THERE REALLY NEEDS TO BE EFFORT MADE,

AS MR. GOODELL OUTLINED, IN THIS LEGISLATION TO -- TO ENSURE THAT PEOPLE

ARE DOING THEIR VERY BEST IN A GOOD FAITH EFFORT TO PAY THEIR RENT AND TO

UPHOLD THE CONTRACT THAT THEY HAVE ENGAGED IN WITH THE COMMERCIAL

LANDLORD.

SO, I'M GOING TO VOTE NO ON THIS BECAUSE I JUST THINK

THIS BILL DOES NOT ADDRESS MANY OF THE CONCERNS AND -- AND UNDULY PUTS

PRESSURE ON A LOT OF COMMERCIAL LANDLORDS, AND -- AND I THINK WE NEED

TO TAKE THAT INTO ACCOUNT AND ENSURE THAT THERE IS A GOOD FAITH EFFORT.

SO I VOTE NO.

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

NYS ASSEMBLY JANUARY 26, 2021

NEGATIVE.

MS. GIGLIO.

MS. GIGLIO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

YOU'RE EXPLAINING YOUR VOTE, WE ARE VOTING.

MS. GIGLIO: YES. AS A SMALL BUSINESS OWNER AND

SPEAKING TO SEVERAL SMALL BUSINESS OWNERS, THEY'RE HAVING A HARD TIME

PAYING THEIR RENT AND KEEPING UP, BUT THEY ARE MAKING PARTIAL PAYMENTS

AND THEY ARE DOING THEIR BEST. AS OUR POPULATION GETS VACCINATED AND

AS PEOPLE FEEL THAT THEY ARE COMFORTABLE ENOUGH TO GO OUT AND OUR

BUSINESSES CAN START TO BE REVITALIZED, I THINK IT'S IMPORTANT THAT WE

PROTECT OUR MAIN STREETS AND KEEP THE STORES OCCUPIED. I -- I BELIEVE

THAT ALL THE COLLEAGUES AND ALL THE COMMENTS THAT HAVE BEEN MADE

TODAY ARE ALL VALID, AND I WOULD HOPE THAT THE SPONSOR OF THE BILL WOULD

RECOGNIZE SOME OF THEM AND THAT WE WOULD ALSO KEEP INTO

CONSIDERATION THAT COMMERCIAL REVENUE IS -- THEIR REAL PROPERTY TAXES

THAT THEY PAY IS BASED ON COMMERCIAL REVENUE. AND IF THE MONEY IS

NOT COMING IN, YOU CAN BE SURE THAT THEY'LL BE LINING UP TO GRIEVE THEIR

TAXES. AND THAT IS GOING TO PUT A SIGNIFICANT IMPACT ON OUR LOCAL

ASSESSORS AND THE AMOUNT OF MONEY THAT WE TAKE IN TO THE

MUNICIPALITIES.

SO WITH ALL THAT INTO CONSIDERATION, A RELIEF PACKAGE

FOR THE COMMERCIAL BUSINESS OWNERS SHOULD ALSO BE A CONSIDERATION IN

ORDER TO PROTECT THE TAX ROLLS AND THE TAX WARRANTS FOR THE INDIVIDUAL

TOWNSHIPS. THAT'S ALL, THANK YOU. AND I WILL BE VOTING IN THE

NYS ASSEMBLY JANUARY 26, 2021

AFFIRMATIVE, BUT I HOPE THAT THE SPONSOR WOULD HEAR AND VALIDATE ALL OF

THE COMMENTS THAT ARE MADE TODAY AND TRY AND INCORPORATE THAT INTO AN

AMENDMENT. THANK YOU.

ACTING SPEAKER AUBRY: MS. GIGLIO IN THE

AFFIRMATIVE.

MR. DURSO.

NEED TO BE UNMUTED, MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER. I JUST

WANTED A QUICK CHANCE TO THANK THE SPONSOR ON THIS BILL. I FEEL THAT

ANYTHING WE CAN TO DO HELP OUR SMALL BUSINESSES AT THIS TIME IS HELPFUL

AND GREATLY APPRECIATED. AS SOMEBODY THAT LIVES IN A TOWN THAT HAS

BEEN STUCK IN A YELLOW ZONE SINCE NOVEMBER, SOME OF OUR SMALL

BUSINESSES HAVE REALLY BEEN SUFFERING AND THEY'RE NOT SURE WHEN THEY'RE

COMING OUT OF THAT ZONE. SO, ANYTHING THAT WE CAN DO NOW AND IN THE

FUTURE TO HELP SOME OF OUR SMALL BUSINESSES BRIDGE THE GAP, I'D LOVE TO

WORK WITH BOTH SIDES TO GET THOSE THINGS DONE. AND ON THAT NOTE, I'LL BE

VOTING IN THE AFFIRMATIVE AND I THANK YOU.

ACTING SPEAKER AUBRY: MR. DURSO IN THE

AFFIRMATIVE.

MR. BRONSON TO EXPLAIN HIS VOTE.

MR. BRONSON: YES, MR. SPEAKER, TO EXPLAIN MY

VOTE. FIRST I WANT TO CORRECT THE RECORD. I MISSTATED AND SAID IN THE

AREA OF FORECLOSURE IT WAS ONLY 15 OR LESS EMPLOYEES; IT'S 50 OR LESS

EMPLOYEES. SO, JUST SO THAT THE RECORD IS CLEAR THERE. YOU KNOW, IT'S

INTERESTING THAT I HEAR COMMENTS ABOUT, YOU KNOW, THE NEED TO HAVE

NYS ASSEMBLY JANUARY 26, 2021

SOME FINANCIAL ASSISTANCE FOR THESE SMALL BUSINESSES WHEN OUR FEDERAL

ADMINISTRATION FAILED TO DO WHAT THEY NEEDED TO DO THROUGH THE PPP

PROGRAM AND OTHER PROGRAMS WHEN WE NEEDED THEM. AND HERE WE ARE

IN 2021, SO I HOPE UNDER THE NEW ADMINISTRATION THAT THAT APPROACH

CHANGES FROM THE FEDERAL GOVERNMENT. IN ADDITION, THE CONCERN ABOUT

FOLKS TAKING ADVANTAGE OF THIS, THEY HAVE TO SIGN A HARDSHIP DECLARATION

THAT SPECIFICALLY SAYS THEY'RE SIGNING UNDER PENALTY OF LAW AND THEY

COULD BE CHARGED WITH A MISDEMEANOR IF THEY FALSIFY THAT RECORD.

I WANT TO THANK THE PROGRAM AND COUNSEL STAFF AND THE

SPEAKER FOR BRINGING THIS BILL FORWARD AND ALLOWING ME TO TAKE THE LEAD

ON THIS BILL. YOU KNOW, SMALL BUSINESSES IN NEW YORK EMPLOY

MILLIONS OF INDIVIDUALS AND, IN FACT, THEY EMPLOY ROUGHLY ONE-HALF,

ONE-HALF OF ALL THE PRIVATE SECTOR EMPLOYEES IN THIS STATE. THEY ARE THE

BACKBONE OF OUR STATE'S ECONOMY AND WE HAVE TO MAKE SURE WE HELP

THESE SMALL BUSINESSES WHILE THEY ARE TRYING TO ENDURE THIS PANDEMIC

WITH CLOSURES AND ADDITIONAL OPERATIONAL REGULATIONS AND THINGS OF THAT

NATURE.

THIS IS AN EMERGENCY MEASURE TO CREATE A PAUSE, A

RELIEF TO SMALL BUSINESSES SO THEY CAN GET BACK ON THEIR FEET. THIS

MEASURE WILL GIVE THEM A SHOT AT SURVIVAL, AN OPPORTUNITY TO GET BACK

ON THEIR FEET INSTEAD OF BEING CLOSED DOWN. WITHOUT THIS LEGISLATION,

MILLIONS OF NEW YORKERS THAT WORK FOR THESE SMALL BUSINESSES WILL NO

LONGER HAVE A JOB. WE NEED TO HELP SMALL BUSINESSES SO THEY CAN

CONTINUE TO EMPLOY OUR FAMILY MEMBERS, SO THAT THEY CAN PROVIDE FOR

THEIR FAMILY MEMBERS. THAT'S WHAT THIS BILL IS ABOUT.

NYS ASSEMBLY JANUARY 26, 2021

SO, IT MAY NOT GO FAR ENOUGH, IT MAY NOT DO ALL THAT

YOU WANT - AND WE HAVE A LOT OF WORK TO DO - BUT NO ONE SHOULD BE

VOTING AGAINST THIS BILL. NO ONE SHOULD TO BE VOTING AGAINST SMALL

BUSINESSES AND NO ONE SHOULD BE VOTING AGAINST THE WORKERS. I

WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BRONSON IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO MR.

SIMPSON, MR. LAWLER, AND MS. WALSH, THE FOLLOWING REPUBLICANS ARE

VOTING NO ON THIS LEGISLATION: MR. DIPIETRO, MR. FRIEND, MR. BYRNE,

MR. WALCZYK, MR. TAGUE AND MR. SMITH. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WE HAVE SOME MAJORITY COLLEAGUES WHO WOULD LIKE TO BE

EXCEPTIONS, AS WELL. THEY ARE MR. JONES, MS. WOERNER, AND MS.

BUTTENSCHON.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. ALSO PLEASE RECORD

MR. MCDONOUGH IN THE NEGATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SIR.

NYS ASSEMBLY JANUARY 26, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03350, RULES REPORT

NO. 14, JOYNER. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ACTIONS

FOR NON-PAYMENT OF WAGES.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL PROVIDES THAT A GENERAL

CONTRACTOR WOULD BE DIRECTLY LIABLE IN THE EVENT A SUBCONTRACTOR FAILS TO

PAY ALL THE WAGES, BENEFITS, PREMIUMS OR ANY OTHER PAYMENTS DUE TO AN

EMPLOYEE OF THE SUBCONTRACTOR. AND WHILE THE INTENT IS LAUDABLE, THERE

ARE SEVERAL VERY PRACTICAL CONCERNS REGARDING THIS LEGISLATION. FIRST, IT

REQUIRES THE GENERAL CONTRACTOR TO PAY THOSE EMPLOYEES OF THE

SUBCONTRACTOR THAT MAY HAVE BEEN WORKING ON THE JOB SITE, BUT THE

GENERAL CONTRACTOR MAY NOT EVEN KNOW WHO ARE THE EMPLOYEES OF THE

SUBCONTRACTOR AT THE JOB SITE. AND SOME EMPLOYEES OF THE

SUBCONTRACTOR MAY NOT EVEN BE WORKING ON THE SITE, MAY BE WORKING

OFF SITE ON FABRICATION. SOME OF THE SUBCONTRACTOR EMPLOYEES MAY BE

WORKING ON MULTIPLE JOBS. AND SO, IT'S IMPOSSIBLE FOR A GENERAL TO

KNOW WHAT THE LIABILITY MIGHT BE. THE CONTRACTOR HAS NO EMPLOYEE

ASSIGNMENT INFORMATION, THAT'S ALL WITHIN THE HANDS AND THE KNOWLEDGE

OF THE SUB, NOT THE GENERAL. AND WHILE THE SUBCONTRACTOR MAY KEEP

NYS ASSEMBLY JANUARY 26, 2021

DETAILED RECORDS OF THEIR EMPLOYEES BY JOB SITE, THAT INFORMATION IS NOT

NECESSARILY AVAILABLE TO THE GENERAL CONTRACTOR; YET, UNDER THIS BILL WELL

AFTER THE JOB WAS FINISHED, THE GENERAL COULD BE FACING LIABILITY.

SO THE FIRST OBVIOUS PROBLEM IS THE GENERAL CONTRACTOR

DOESN'T EVEN KNOW THE IDENTITY OF THE SUBCONTRACTOR EMPLOYEES.

SECOND, THE GENERAL CONTRACTOR DOESN'T KNOW WHAT THOSE SUBCONTRACTOR

EMPLOYEES WAGES OR BENEFITS ARE. THEY'RE NOT EMPLOYEES OF THE

GENERAL, THEY'RE EMPLOYEES OF THE SUB. AND THE SUB DOESN'T NORMALLY

TELL THE GENERAL WHAT THEY'RE PAYING THEIR EMPLOYEES, THAT'S OFTEN

CONFIDENTIAL INFORMATION. AND IT CAN BE COMPLEX INFORMATION BECAUSE

THE SUB MAY BE PAYING ITS EMPLOYEES DIFFERENT RATES -- THE SAME

EMPLOYEE DIFFERENT RATES FOR DIFFERENT WORK. SO A SUB MIGHT BE PAYING

AN EMPLOYEE ONE RATE IF THEY'RE DOING DRYWALL WORK, A DIFFERENT RATE IF

THEY'RE DOING PLUMBING OR ELECTRICAL WORK. AND THERE'S NO WAY FOR THE

GENERAL CONTRACTOR TO KNOW WHAT THOSE WAGE RATES ARE.

LIKEWISE, THE GENERAL CONTRACTOR DOESN'T KNOW WHAT

THE BENEFITS ARE THAT ARE BEING PAID BY A SUB TO THE SUB'S EMPLOYEES.

SO THE SUBCONTRACTOR MIGHT HAVE AN AGREEMENT, A PRIVATE AGREEMENT ON

WHAT THE SUBCONTRACTOR IS PAYING FOR A 401K OR RETIREMENT OR HEALTH

BENEFITS; YET, THIS BILL MAKES A GENERAL CONTRACTOR POTENTIALLY LIABLE.

THIRD, THE GENERAL CONTRACTOR, UNDER THIS BILL, WOULD

BE LIABLE FOR PRESUMABLY TAX WITHHOLDING AND FICA, BUT THE GENERAL

CONTRACTOR DOESN'T HAVE ANY OF THE TAX INFORMATION TO EVEN KNOW WHAT

THAT WITHHOLDING SHOULD BE. SO THE GENERAL CONTRACTOR DOESN'T KNOW

WHAT THE SUBCONTRACTOR'S EMPLOYEES ARE -- ARE SEEKING IN TERMS OF AN

NYS ASSEMBLY JANUARY 26, 2021

EXEMPTION, HOW MANY DEPENDENTS THEY HAVE, OR WHAT THAT LIABILITY

MIGHT BE. THAT INFORMATION'S NOT EVEN AVAILABLE TO THE GENERAL

CONTRACTOR.

FOURTH, THE GENERAL CONTRACTOR DOESN'T KNOW HOW

MUCH, IF ANYTHING, HAS BEEN PAID BY THE SUB TO THESE EMPLOYEES FOR THIS

PARTICULAR JOB. SO MAYBE THE SUBCONTRACTOR'S EMPLOYEES RECEIVE PARTIAL

PAYMENT, MAYBE THEY'VE BEEN PAID IN FULL. NONE OF THAT INFORMATION IS

AVAILABLE TO THE GENERAL CONTRACTOR; YET, UNDER THIS BILL THE GENERAL

CONTRACTOR SHOULD -- COULD FIND ITSELF BEING SUED MONTHS OR YEARS LATER

BY AN EMPLOYEE WHO CLAIMS THAT THEY WORKED FOR A SUBCONTRACTOR AND

WEREN'T PAID AND THE GENERAL CONTRACTOR HAS NO INFORMATION AVAILABLE TO

REFUTE OR DEFEND IT.

FIFTH, THERE ARE SITUATIONS WHERE THE OWNER ACTS AS A

GENERAL CONTRACTOR, AND YOU SEE THIS IN MUNICIPAL CONTRACTS WHERE THE

MUNICIPALITY ITSELF ACTS AS A GENERAL CONTRACTOR AND PURSUANT TO THE

WICKS LAW HAS AT LEAST FOUR SUBCONTRACTORS, RIGHT, HVAC, ELECTRICAL,

WHATEVER. AND SO WHAT HAPPENS. YOU GET A CERTIFIED CLAIM, THE

MUNICIPALITY PAYS THE CLAIM IN FULL, HAS NO KNOWLEDGE OF ANY PROBLEMS

AND THEN AFTER THE FACT GETS A CLAIM FROM AN EMPLOYEE THAT THEY DIDN'T

KNOW WAS WORKING ON THE JOB, OR WORKED SOLELY FOR A SUBCONTRACTOR,

CLAIMING THEY WEREN'T PAID IN FULL. THERE'S NO WAY FOR THE MUNICIPALITY

TO DEFEND IT, THE MUNICIPALITY COULD END UP PAYING DOUBLE.

IS THERE ANYTHING UNDER THIS BILL THAT A GENERAL

CONTRACTOR CAN DO TO PROTECT ITSELF? AND THE ANSWER IS NO, BECAUSE THE

GENERAL CONTRACTOR COULD GO BACK TO THE SUB AND SAY, I WANT A CERTIFIED

NYS ASSEMBLY JANUARY 26, 2021

STATEMENT THAT YOU PAID ALL YOUR SUBS IN FULL, COULD GET THAT CERTIFIED

STATEMENT, COULD GO, YOU KNOW, THAT'S NOT ENOUGH. I WANT A RELEASE

FROM ALL YOUR EMPLOYEES. IS THAT ENOUGH? THE ANSWER IS NO BECAUSE

THIS BILL SAYS THAT EVEN A RELEASE SIGNED BY THE EMPLOYEE OF THE

SUBCONTRACTOR DOES NOT RELIEVE THE GENERAL CONTRACTOR, THE RELEASE IS

INVALID.

AND THEN WE LOOK AT THE IMPACT. IF A GENERAL

CONTRACTOR IS RESPONSIBLE FOR THE WAGES OF A SUBCONTRACTOR, UNDER

FEDERAL LAW THAT MEANS THE GENERAL CONTRACTOR HAS TO DO THE

IMMIGRATION REVIEW, HAS TO DO THE I-9, HAS TO MAKE SURE THAT NONE OF

THE SUBCONTRACTOR'S EMPLOYEES ARE HERE WITHOUT WORK AUTHORIZATION OR

ARE HERE ILLEGALLY. BECAUSE THIS IMPOSES A HUGE, NEW OBLIGATION ON

GENERAL CONTRACTORS WITH LIABILITY THEY CAN'T CONTROL, IT DIRECTLY IMPACTS

THE ABILITY OF A GENERAL CONTRACTOR TO GET A BOND. AND THE GENERAL

CONTRACTORS THAT HAVE THE MOST DIFFICULT TIME GETTING A BOND ARE

GENERALLY THE SMALLER CONTRACTORS, THOSE WITH LESS EXPERIENCE AND LESS

FINANCIAL RESOURCES; MWBES ARE OFTEN AT A SERIOUS DISADVANTAGE. SO,

THIS HURTS THE VERY CONTRACTORS WE WANT TO HELP.

AND IT'S IMPORTANT FOR US TO REMEMBER EVEN THOUGH

WE TALK ABOUT THE TERMS "GENERAL CONTRACTOR" AND "SUBCONTRACTORS,"

THERE SHOULD BE NO MISTAKE ON THE FLOOR OF THIS LEGISLATURE THAT

OFTENTIMES THE GENERAL CONTRACTOR IS SMALLER AND HAS LESS FINANCIAL

RESERVES OR FINANCIAL STRENGTH THAN THE SUB. SO IF YOU HIRE A GENERAL

CONTRACTOR TO LET'S SAY RENOVATE YOUR HOUSE OR REDO YOUR KITCHEN OR ADD

AN ADDITION, THAT GENERAL CONTRACTOR MIGHT HAVE FOUR OR FIVE EMPLOYEES,

NYS ASSEMBLY JANUARY 26, 2021

MIGHT BE A VERY SMALL GENERAL CONTRACTOR WHO SUBS OUT THE ELECTRICAL

WORK TO A LARGE SUBCONTRACTOR, OR THE PLUMBING TO A LARGE SUBCONTRACTOR

WHO DOES A LOT OF PLUMBING FOR A LOT OF DIFFERENT PEOPLE. THIS BILL

DOESN'T TAKE THAT INTO ACCOUNT. IT SAYS THE GENERAL CONTRACTOR IS NOW THE

GUARANTEE -- THE GUARANTOR OF ALL THE WAGES OF A SUBCONTRACTOR,

REGARDLESS OF THE SIZE OF THE SUBCONTRACTOR, REGARDLESS OF THE FACT THAT

THE GENERAL HAS NO EMPLOYMENT CONTRACT, DOESN'T KNOW THE WAGE RATES,

DOESN'T KNOW THE BENEFIT COST, HAS NO WAY OF CONTACTING OR VERIFYING IT

WITH THE EMPLOYEE, HAS NONE OF THE INFORMATION NEEDED.

FOR HUNDREDS OF YEARS, NEW YORK STATE HAS

RECOGNIZED THAT IN CONTRACTUAL RELATIONSHIPS WE HAVE WHAT'S CALLED

PRIVITY OF CONTRACT, AND THAT MEANS YOU CAN'T BRING A BREACH OF CONTRACT

ACTION AGAINST SOMEBODY WHO IS NOT A PARTY TO THE CONTRACT, BUT THAT'S

EXACTLY WHAT THIS LEGISLATION REVERSES. IT REVERSES HUNDREDS OF YEARS OF

COMMON LAW EXPERIENCE AND IT SAYS THAT AN EMPLOYEE WHO HAS NO

CONTRACTUAL RELATIONSHIP WITH THE GENERAL, WHO NEVER DISCUSSED WITH

THE GENERAL WHAT THE WAGE RATES OUGHT TO BE, NEVER HAD ANY

CONVERSATION OF ANY KIND ABOUT WHAT THE BENEFITS MIGHT BE, CAN

NEVERTHELESS SUE THE GENERAL FOR BREACH OF CONTRACT, EVEN THOUGH THE

GENERAL CONTRACTOR PAID THE SUBCONTRACTOR IN FULL.

NOW, IF WE WANT TO ENCOURAGE GENERAL CONTRACTORS TO

DO EVERYTHING THEY CAN TO MAKE SURE THAT THE EMPLOYEES OF

SUBCONTRACTORS ARE PAID PROPERLY; YET, WE STILL WANT TO BE FAIR TO

GENERAL CONTRACTORS, THEN LET'S PROVIDE A SAFE HARBOR. LET'S PROVIDE A

PROVISION THAT SAYS THAT IF THE GENERAL CONTRACTOR MAKES REASONABLE,

NYS ASSEMBLY JANUARY 26, 2021

DILIGENT EFFORTS, IF THE GENERAL CONTRACTOR GETS A CERTIFICATION BY THE

SUBCONTRACTOR THAT THE EMPLOYEES WERE PAID, IF THE GENERAL CONTRACTOR

HAS NO REASON OR NO REASON TO BELIEVE THAT THE SUBCONTRACTOR'S

EMPLOYEES ARE PAID, IF THE GENERAL CONTRACTOR OPERATES IN GOOD FAITH THE

GENERAL CONTRACTOR SHOULD NOT BE LIABLE. BUT THERE IS NO SAFE HARBOR IN

THIS LEGISLATION. IT MAKES GENERAL CONTRACTORS ABSOLUTELY LIABLE FOR THE

PAYMENT OF WAGES TO SUBCONTRACTORS EVEN THOUGH THE GENERAL

CONTRACTOR DOES EVERYTHING EXACTLY RIGHT AND PAYS THE BILL ON TIME IN

FULL. AND THAT IS GROSSLY UNFAIR AND, ACCORDINGLY, I WILL BE OPPOSING

THIS BILL. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: SO AS A CONSTRUCTION COMPANY,

MANAGEMENT COMPANY, AS A PRIVATE CONSTRUCTION MANAGEMENT

COMPANY AND A UNION MEMBER, I HAVE HAD THE OPPORTUNITY TO SPEAK TO

BOTH SIDES OF THE AISLE ON THIS BILL WHEN IT COMES TO PRIVATE

CONSTRUCTION COMPANIES VERSUS UNION CONSTRUCTION COMPANIES. AND

THERE ARE MANY PROBLEMS WITH THE BILL. ONE OF THEM IS THE TIME LIMIT

TO WHERE SOMEBODY CAN SAY THAT THEY DIDN'T GET PAID. SO IS IT TWO

YEARS? IS IT TWO MONTHS? IS IT SIX MONTHS? WHEN A GENERAL CONTRACTOR

IS HOLDING A RETAINER AND NOT PAYING THE SUBCONTRACTOR IN FULL BECAUSE

THEY WANT TO MAKE SURE THAT ALL THE SUPPLIERS AND THE -- THAT ALL OF THE

PEOPLE THAT ARE WORKING ON THE JOB ARE PAID, IT'S VERY HARD TO DO IF

NYS ASSEMBLY JANUARY 26, 2021

THERE'S NO TIME LIMIT ON THE BILL TO WHERE YOU CAN REPORT THE WAGE THEFT.

UNIONS CANNOT LIEN JOBS BASED ON NOT GETTING PAID

THEIR BENEFITS. SO IF YOU GET AN OUT-OF-STATE CONTRACTOR TO COME INTO

TOWN AND THEY HIRE OUT OF THE HOLE AND THEY PUT PEOPLE ON THE JOB, IF

THE BENEFITS ARE NOT PAID, THE ONLY THING THAT THEY CAN DO IS CALL THE

UNION CONTRACTOR -- THE GENERAL CONTRACTOR WHO MAY BE A UNION

COMPANY AND SAY, THE EMPLOYEES HAVEN'T BEEN PAID AND THE BENEFITS

HAVEN'T BEEN PAID, AND HOLD BACK SOME MONEY SO THAT WE CAN COVER

THESE WAGES AND THESE BENEFITS. INDIVIDUALS CAN LIEN JOBS FOR NOT

GETTING PAID, BUT UNIONS CANNOT.

THE BILL IS COUNTERPRODUCTIVE WHEN YOU'RE SEEKING

PERFORMANCE FOR MWBES. I AM A WBE AND I KNOW HOW DIFFICULT IT IS

TO BOND PROJECTS. THE BONDING COST WILL GO UP, THE INSURANCE COST WILL

GO UP FOR GENERAL CONTRACTORS, AND -- AND MWBES MAY BE EXCLUDED

FROM THE PROCESS AND ALL THE GENERAL CONTRACTOR HAS TO DO IS SAY, I TRIED

AND THEY COULDN'T GET BONDING. SO, IT'S COUNTERPRODUCTIVE IN THE EFFORTS

OF THE STATE TO INCLUDE MORE MINORITY-WOMEN BUSINESS ENTERPRISES IN

THE CONSTRUCTION INDUSTRY, AND WITH THE HIGH PERCENTAGE OF GOALS ON

EACH PROJECT THAT THE STATE IS HOPING TO ACHIEVE.

I WILL BE VOTING AFFIRMATIVE IN THE BILL, AND WILL HOPE

THAT THE SPONSOR WILL HEAR ALL OF THE -- IT'S A LAUDABLE BILL, IT IS, BUT THAT

THE SPONSOR WILL WORK WITH THE COMMITTEE TO COME UP WITH AN

AMENDMENT THAT WOULD ADDRESS ALL OF THESE CONCERNS TO PROTECT NOT

ONLY THE GENERAL CONTRACTORS, THE SUBCONTRACTORS, BUT ALSO BRINGING THE

MWBES INTO THE PROCESS. THANK YOU.

NYS ASSEMBLY JANUARY 26, 2021

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A03350. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY IN THE NEGATIVE, BUT IF OUR MEMBERS OR

ANY MEMBER WOULD LIKE TO VOTE IN THE AFFIRMATIVE, PLEASE SO INDICATE

ON THE FLOOR IF YOU'RE HERE ON THE FLOOR, OR CALL THE MINORITY LEADER'S

OFFICE AND ADVISE THEM. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE.

SHOULD ANY COLLEAGUES DECIDE TO BE AN EXCEPTION, PLEASE CONTACT THE

MAJORITY LEADER'S OFFICE AND WE WILL DULY NOTE IT.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. LAWLER TO

EXPLAIN HIS VOTE.

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

NYS ASSEMBLY JANUARY 26, 2021

IS LAUDABLE, AND WAGE THEFT IS ABSOLUTELY WRONG AND ANYBODY WHO

ENGAGES IT -- IN IT SHOULD BE HELD FULLY ACCOUNTABLE FOR DOING SO. I

THINK AS MR. GOODELL OUTLINED, THERE'S SEVERAL SERIOUS CONCERNS WITH

THE PROVISIONS OF THIS BILL, AND I THINK THAT THERE MOST DEFINITELY NEEDS

TO BE A SAFE -- SAFE HARBOR PROVISION TO ENSURE THAT IF THE CONTRACTOR

DOES, IN FACT, MAKE EVERY EFFORT TO ENSURE THAT EMPLOYEES ARE PAID THEIR

WAGES THROUGH THE SUBCONTRACTOR AND HAS ASSURANCES, AND THAT

SUBCONTRACTOR DOES NOT UPHOLD THEIR END OF THE BARGAIN THAT THAT

CONTRACTOR SHOULD NOT BE HELD LIABLE. THE SUBCONTRACTOR SHOULD BE HELD

LIABLE AND ALL REMEDIES SHOULD BE TAKEN TO ENSURE THAT THOSE EMPLOYEES

DO, IN FACT, RECEIVE THEIR WAGES.

I AM HOPEFUL, AS WE'VE SEEN WITH SO MANY BILLS SO FAR

THIS YEAR, THAT WE WILL GET A CHAPTER AMENDMENT ON THIS BILL TO

ACTUALLY ENSURE THAT THAT DOES OCCUR AND THAT THERE IS A SAFE HARBOR

PROVISION. I WILL BE VOTING NO ON THIS BILL, BUT I CERTAINLY WILL VOTE YES

IF WE DO END UP GETTING A CHAPTER AMENDMENT IN THE FUTURE.

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

NEGATIVE.

MR. MANKTELOW.

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

JUST LIKE TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PLEASE, SIR.

MR. MANKTELOW: AS I -- AS I READ THROUGH THIS

AGAIN TODAY AND LOOKING AT IT, AND THINKING ABOUT CONTRACTORS AND

SUBCONTRACTORS AND, YOU KNOW, DEPENDING ON WHAT THE JOB IS AND,

NYS ASSEMBLY JANUARY 26, 2021

AGAIN, SOMEBODY SHOULD BE HELD ACCOUNTABLE FOR DOING WRONG. AND IF

THE SUBCONTRACTOR DOES NOT PAY HIS OR HER EMPLOYEE FOR DOING THE JOB

THAT THEY DID, THEY SHOULD BE HELD ACCOUNTABLE. AND ESPECIALLY IF THIS

IS A GOVERNMENT JOB WHERE WE'RE TALKING PREVAILING WAGE. IF WE'RE

USING PREVAILING WAGE AND I'M TAKING STATE MONEY AND PAYING A

SUBCONTRACTOR TO DO THE JOB WITH STATE FUNDS, TAXPAYER FUNDS, AND THAT

SUBCONTRACTOR DECIDES NOT TO PAY THOSE EMPLOYEES, THEN AS FAR AS I'M

CONCERNED HE'S STEALING FROM NEW YORK STATE, HE'S STEALING FROM THE

NEW YORK STATE TAXPAYERS.

SO, WE SHOULD DO EVERYTHING WE POSSIBLY CAN ON THIS

FLOOR TO EITHER DO AN AMENDMENT, AS WAS JUST TALKED ABOUT, OR MAKING

CHANGES WHERE WE GO AFTER THAT SUBCONTRACTOR. WHY ON EARTH ARE WE

GOING TO GIVE THE SUBCONTRACTOR A PASS BECAUSE HE WITHHELD MONEY AND

WE'RE GOING TO GO AFTER THE CONTRACTOR. IT'S JUST ABSOLUTELY LUDICROUS

THAT WE ARE HURTING THE PERSON THAT'S MAKING SURE THE JOB GETS DONE AND

IS BEING DONE RIGHT. I THINK WE, AS LEGISLATORS, HAVE A RESPONSIBILITY TO

MAKE SURE THAT IF -- IF WE ARE USING FUNDS, AND ESPECIALLY STATE FUNDS,

THAT THAT SUBCONTRACTOR IS HELD ACCOUNTABLE.

AGAIN, AS WE'VE SEEN OVER THE LAST COUPLE OF YEARS, WE

PROBABLY WILL SEE AN AMENDMENT TO THIS BECAUSE I KNOW THAT THESE

CONTRACTORS AREN'T GOING TO DO THE JOBS, THAT THERE'S NO WAY THAT THEY

CAN CONSTANTLY DO THIS, ALL THE PAPERWORK, ALL THE RHETORIC AND

EVERYTHING ELSE IS INVOLVED AND NOW, BY THE WAY, THEY'RE HELD

RESPONSIBLE FOR THE SUBCONTRACTOR'S EMPLOYEES?

SO I JUST WANT TO SAY I WILL NOT BE SUPPORTING THIS

NYS ASSEMBLY JANUARY 26, 2021

PIECE OF LEGISLATION, THIS BILL, AND I HOPE THAT -- AND I URGE OTHER

COLLEAGUES NOT TO FOR JUST SOME OF THE REASONS WE'VE TALKED ABOUT

TODAY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE NEGATIVE.

MS. JOYNER TO EXPLAIN HER VOTE.

MS. JOYNER: OKAY. THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. OKAY. THANK YOU VERY MUCH FOR THIS OPPORTUNITY TO

SPEAK. AS WE ALL KNOW, WAGE THEFT IS A RAMPANT PROBLEM WITH --

ESPECIALLY WITHIN THE CONSTRUCTION INDUSTRY, BECAUSE MANY CONSTRUCTION

WORKERS ARE HIRED THROUGH INFORMAL AGREEMENTS, PARTICULARLY WITH

SUBCONTRACTORS.

THE REASON FOR THIS BILL IS BECAUSE MANY

SUBCONTRACTORS ARE HIDING THEIR ASSETS, CHANGING THEIR CORPORATE

IDENTITY, FILING FOR BANKRUPTCY OR DISAPPEARING, AND THEN THE EMPLOYEE

IS LEFT WITH LITTLE TO NO RECOURSE. THIS BILL WILL HELP LEVEL THE PLAYING

FIELD FOR WORKERS IN THE CONSTRUCTION INDUSTRY BY ENSURING THAT

CONTRACTORS ARE HELD LIABLE FOR WAGE CLAIMS. IN 2016, DOL RECOVERED

$6 MILLION IN WAGES ILLEGALLY WITHHELD FROM EMPLOYEES.

TO -- TO ADDRESS SOME OF THE ISSUES THAT WERE

PREVIOUSLY RAISED, THERE IS A SIX-YEAR STATUTE OF LIMITATION UNDER SECTION

198 OF THE LABOR LAW. THE ARGUMENT ABOUT THE MWBE IS A RED

HERRING. IF YOU ARE A GOOD ACTOR PAYING YOUR EMPLOYEES WAGES AND NOT

CHEATING WORKERS, THERE WILL BE NO OBSTACLES TO OBTAINING BONDS AND, IN

FACT, I WOULD SAY THIS BILL (UNINTELLIGIBLE/MIC CUT OUT) -- BETTER. IT WILL

NYS ASSEMBLY JANUARY 26, 2021

ENCOURAGE GENERAL CONTRACTORS TO THOROUGHLY VET THEIR PARTNERS AND WILL

REWARD BUSINESSES, OWNERS, CONTRACTORS, AND SUBCONTRACTORS WHO PLAY

BY THE RULES.

THERE WAS ALSO AN ARGUMENT ABOUT THERE'S LITTLE TO NO

PROTECTION FOR GENERAL CONTRACTORS. IN MY OPINION, THERE'S PLENTY OF

REMEDIES RIGHT NOW THAT WOULD HELP. GENERAL CONTRACTORS CAN ESTABLISH

A SYSTEM TO PROPERLY VET SUBCONTRACTORS, SUBCONTRACTORS THAT MOST

EMPLOYEES ARE UNABLE TO DO BECAUSE OF THE BARGAINING POSITION. THEY

CAN DEMAND PRACTICES, FINANCIAL DATA, PAYROLL AND WAGE CLAIM HISTORY

AND, IN ADDITION TO THAT, THEY CAN ALSO USE STRONG INDEMNIFICATION

CONTRACT PROVISIONS TO PROTECT THEMSELVES. IN ADDITION TO THAT, THEY CAN

ALSO REQUIRE SUBCONTRACTORS TO OBTAIN BONDS AND UNDER THIS BILL, GENERAL

CONTRACTORS STILL HAVE THE ABILITY TO ACCESS COURT AND RECOVER ANY WAGES

FROM THE SUBCONTRACTOR.

TODAY WITH THIS PASSAGE OF -- OF THIS LEGISLATION,

CONSTRUCTION WORKERS WILL HAVE WAGE ACCOUNTABILITY AND A MUCH

NEEDED REMEDY THAT WILL MAKE IT A FAR -- MAKE IT FAR MORE LIKELY

EXPLOITED WORKERS WILL BE ABLE TO COLLECT WAGES. AND IN CLOSING, NEW

YORK WILL JOIN OTHER STATES WHO HAVE ADOPTED THIS MEASURE AND I AM IN

STRONG SUPPORT OF THIS BILL AND I URGE MY COLLEAGUES TO ALSO VOTE YES ON

THIS BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

MS. JOYNER IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

NYS ASSEMBLY JANUARY 26, 2021

FOLLOWING REPUBLICAN MEMBERS IN SUPPORT OF THIS LEGISLATION: MR.

BARCLAY, MR. SMITH, MR. BRABENEC, MR. DURSO, MR. DESTEFANO, MR.

MORINELLO, MR. MONTESANO, MS. MILLER, MR. SCHMITT, MR. GANDOLFO,

MR. BYRNE, MR. MILLER AND MR. RA. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03356, RULES REPORT

NO. 15, BICHOTTE HERMELYN. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO REDUCING THE NUMBERS OF SIGNATURES FOR DESIGNATING

PETITIONS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BICHOTTE HERMELYN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED.

MR. JENSEN.

MR. JENSEN NEEDS TO BE UNMUTED OR --

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

SPONSOR YIELD FOR A QUESTION OR TWO?

ACTING SPEAKER AUBRY: MS. BICHOTTE, WILL

YOU YIELD -- MS. BICHOTTE HERMELYN, WILL YOU YIELD?

MS. BICHOTTE HERMELYN: YES, YES I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

NYS ASSEMBLY JANUARY 26, 2021

MR. JENSEN: THANK YOU VERY MUCH TO THE SPONSOR

FOR YIELDING. IN THIS LEGISLATION, THERE ARE A SPECIFIC NUMBER OF POLITICAL

OFFICES AND PETITION SIGNATURE NUMBER REQUIREMENTS THAT ARE

MENTIONED; HOWEVER, IN MY COMMUNITY AND MY COUNTY, MONROE

COUNTY, THE VAST NUMBER OF OUR POLITICAL OFFICES UP FOR ELECTION THIS

YEAR DO NOT REQUIRE A UNIFORM NUMBER OF PETITION SIGNATURES, OFFICES

SUCH AS OUR 29 COUNTY LEGISLATORS, TOWN OFFICES. THEIR PETITION

REQUIREMENTS FOR ALL PARTIES ARE BASED ON A PERCENTAGE OF VOTES

RECEIVED FOR THAT SPECIFIC PARTY'S GUBERNATORIAL CANDIDATE IN THE LAST

ELECTION, IN THAT SPECIFIC POLITICAL SUBDIVISION. MY QUESTION IS HOW ARE

THE SIGNATURE REQUIREMENTS ADJUSTED FOR THESE OFFICES IN THIS

LEGISLATION?

MS. BICHOTTE HERMELYN: OKAY. SO, THANK

YOU FOR THE QUESTION. SO THE PURPOSE OF THIS BILL IS TO REDUCE THE

NUMBER OF SIGNATURES. IT AMENDS THE SUBDIVISION 2 OF SECTION 6136 OF

THE ELECTION LAW AND IT'S TO REDUCE THE DESIGNATED PETITION NEEDED --

THE SIGNATURES NEEDED ON THE DESIGNATING PETITION BY 70 PERCENT. THAT

WAS SOMETHING THAT WAS DONE IN 2020 DUE TO THE COVID-19

PANDEMIC. IT WAS NECESSARY TO REDUCE THE NUMBER OF SIGNATURES

REQUIRED FOR THE DESIGNATING PETITIONS. SO THE GOVERNOR VIA EXECUTIVE

ORDER HAD REDUCED THE NUMBER OF SIGNATURES BY 70 PERCENT, AND NOW

THAT ORDER HAS EXPIRED. SO DUE TO THE ONGOING PUBLIC HEALTH CRISIS,

CURRENTLY THE LEGISLATURE TEMPORARILY IS, YOU KNOW, WE, WE ARE TRYING

TO REDUCE THE NUMBER OF REQUIRED SIGNATURES BY 70 PERCENT, SIMILAR TO

2020, TO ALLOW CANDIDATES TO ORGANIZE THEIR CAMPAIGNS, PETITIONS,

NYS ASSEMBLY JANUARY 26, 2021

COLLECT VOTER SIGNATURES WHILE RESPECTING THE PUBLIC HEALTH GUIDELINES.

MR. JENSEN: I UNDERSTAND THAT AND RESPECT THAT AND

I CERTAINLY, IN SAFETY, LIMITING THE AMOUNT OF PERSON-TO-PERSON

INTERACTION AT THE DOOR IS CERTAINLY ADVISABLE, BUT IN THE LEGISLATION WE

MENTION THE SPECIFIC OFFICES OF -- IN NEW YORK CITY, COUNTIES OR

BOROUGHS IN THE CITY, MUNICIPAL COURTS IN NEW YORK CITY, CITY

COUNCIL IN NEW YORK CITY, VOTERS OFFICES IN CITIES AND COUNTIES BASED

ON POPULATION, CONGRESSIONAL DISTRICT, STATE SENATE DISTRICTS,

ASSEMBLY DISTRICTS AND COUNTY LEGISLATIVE DISTRICTS. AND I WANT TO

RAISE YOUR ATTENTION TO TWO POINTS: IN THE LEGISLATION IT SPECIFICALLY

MENTIONS COUNTY LEGISLATIVE DISTRICTS GOING FROM 500 SIGNATURES TO 150,

TERRIFIC. BUT IN MY COMMUNITY, MANY OF OUR COUNTY LEGISLATORS -- IT'S

NOT 500 FOR ANYBODY. IT IS ALL BASED ON THAT FORMER VOTE. SO BY

DROPPING THAT NUMBER TO 150, AS IT IS WRITTEN IN THE LEGISLATION, SOME

CANDIDATES FOR OFFICE WILL ACTUALLY HAVE TO GET MORE SIGNATURES THAN IF

WE DIDN'T TAKE UP THIS LEGISLATION.

ADDITIONALLY, NONE OF THOSE OFFICES ARE TOWNS. NEW

YORK STATE HAS 932 TOWNS AND THEY'RE NOT MENTIONED AT ALL IN THIS PIECE

OF LEGISLATION. SO I GUESS MY QUESTION IS WHAT'S THE REMEDY TO THAT

OVERSIGHT?

MS. BICHOTTE HERMELYN: WELL, I DON'T KNOW

IF IT'S BAD OVERSIGHT. AGAIN, THIS IS SIGNATURES. YOU'RE SAYING THAT YOUR

TOWN AND COUNTY THERE'S A DIFFERENT WAY OF DOING THE VOTING INSTEAD OF

SIGNATURES AND BY PARTY. THIS IS BASICALLY A 70 PERCENT REDUCTION

ACROSS THE BOARD. SO, THE NUMBERS THAT YOU SEE IN THIS BILL, IF YOU DO

NYS ASSEMBLY JANUARY 26, 2021

THE CALCULATION OF THE ORIGINAL SIGNATURES REQUIRED BY THE ELECTION LAW

STATUTE, YOU WILL SEE THAT WE REDUCE IT BY 70 PERCENT. THAT WILL GIVE

YOU THE NUMBERS, AS YOU MENTIONED, LIKE IF IT'S, YOU KNOW, 1,200 -- I'M

SORRY, IF IT'S 4,000, IT WILL GO DOWN TO 1,200. IF IT'S 7,500, IT WILL GO

DOWN TO 2,250. AND, AS YOU MENTIONED, FOR US, IF IT'S 500, IT WILL GO

DOWN BY 150; AGAIN, REDUCTION BY 70 PERCENT. THIS IS A CATCHALL

PROVISION IN PARAGRAPH J OF THE BILL -- HANG ON. IF YOU LOOK AT J, IT SAYS,

FOR THE OFFICE TO BE FILLED BY ALL VOTERS OF ANY POLITICAL SUBDIVISION

EXCEPT AS HEREIN OTHERWISE PROVIDED CONTINUE WITHIN ANOTHER POLITICAL

SUBDIVISION, NOT TO EXCEED THE NUMBER OF SIGNATURES REQUIRED FOR THE

LARGER SUBDIVISION. SO AS YOU CAN SEE, THIS WAS SOMETHING THAT WE

LOOKED AT ACROSS THE BOARD.

MR. JENSEN: OKAY, SO JUST -- AND THANK YOU FOR

THAT EXPLANATION. I APPRECIATE IT AND I CAN CERTAINLY UNDERSTAND THE

NEED FOR A CATCHALL, BECAUSE CERTAINLY, YOU KNOW, YOUR OFFICE ISN'T

GOING TO HAVE ENCYCLOPEDIC KNOWLEDGE OF EVERY ELECTED OFFICE ACROSS

NEW YORK STATE. SO I JUST WANT TO CONFIRM A POINT OF INFORMATION. SO,

FOR THE 21ST LEGISLATIVE DISTRICT, MONROE COUNTY LEGISLATURE, THE

DEMOCRAT - AND THIS WAS IN 2019 SO I WOULD ASSUME WOULD BE THE

SAME NUMBERS - THE DEMOCRATIC CANDIDATE WOULD HAVE TO GET 313

SIGNATURES BEFORE THE REDUCTION AND THE REPUBLICAN CANDIDATE WOULD

HAVE TO GET 48; IT'S A VERY HEAVILY DEMOCRATIC AREA. SO WOULD THE --

BOTH THE DEMOCRAT, REPUBLICAN, AND CONSERVATIVE AND WORKING

FAMILIES CANDIDATES HAVE THEIR NUMBERS REDUCED BY 70 PERCENT, OR

WOULD THAT --

NYS ASSEMBLY JANUARY 26, 2021

MS. BICHOTTE HERMELYN: I BELIEVE SO. I CAN

-- I'LL ASK, BUT I BELIEVE SO BECAUSE I DO REMEMBER LAST YEAR THAT WAS

THE CASE.

MR. JENSEN: OKAY. AND LAST YEAR IT WAS PROBABLY,

THERE WAS MORE OF A, WITH IT BEING AN EVEN ELECTION YEAR, PROBABLY

MORE OF THE SET NUMBERS FOR THE LEGISLATURE, SENATORS AND ASSEMBLY.

SO NOW WE HAVE MORE JURISDICTIONAL OFFICES IN THIS OFF-YEAR ELECTION.

AND I JUST WANT TO CONFIRM, SO IN THE TOWN OF PARMA, THE DEMOCRATIC

CANDIDATE NEEDS 96 SIGNATURES, WHEREAS THE REPUBLICAN CANDIDATE

WOULD NEED 167. LIKE I SAID BEFORE, THE TOWNS ARE NOT MENTIONED IN

THIS LEGISLATION, SO WOULD THEY BE CAUGHT UNDER THE CATCHALL PROVISION

THAT YOU PREVIOUSLY REFERRED TO?

MS. BICHOTTE HERMELYN: CATCHALL PROVISION,

BUT THERE IS A CAP. YOU KNOW, YOU WILL HAVE TO USE A 1.5 PERCENT OF

ENROLLED VOTERS, CAPPED BY THE NUMBER OF ENROLLED VOTERS.

MR. JENSEN: OKAY.

MS. BICHOTTE HERMELYN: BUT THERE IS A CAP.

MR. JENSEN: OKAY. THANK YOU VERY MUCH, MS.

BICHOTTE HERMELYN AND THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MAMDANI.

MR. MAMDANI: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MAMDANI: I WILL BE VOTING YES ON THIS BILL

AND I'M VERY MUCH IN SUPPORT OF THE 70 PERCENT REDUCTION IN SIGNATURES

NYS ASSEMBLY JANUARY 26, 2021

REQUIRED FOR DESIGNATING PETITIONS. I RISE TODAY TO SPEAK OF MY UNEASE

REGARDING TWO ASPECTS OF THIS PROPOSED LEGISLATION. FIRST, THOUGH THIS IS

A CLEAR IMPROVEMENT UPON THE CURRENT LAW, I AM UNCOMFORTABLE WITH

ANY LAW THAT REQUIRES PERSON-TO-PERSON CONTACT AMIDST THE CONTINUING

REALITY OF THIS PANDEMIC. HOW CAN WE IN GOOD CONSCIENCE CIRCULATE

HEALTH ADVISORIES ENCOURAGING PEOPLE TO STAY HOME WHEN WE

SIMULTANEOUSLY MANDATE THAT THE CANVASSING TAKES PLACE ACROSS OUR

STATE. IT WAS ONLY LAST YEAR THAT AT LEAST FOUR EMPLOYEES OF THE BOARD OF

ELECTIONS DIED FROM COVID, AND WE ARE LEGISLATORS REPRESENTING A

STATE THAT IS ACCORDING TO THE NEW YORK TIMES HAS SEEN AT LEAST 42,090

OF OUR NEIGHBORS DIE DUE TO THIS DISEASE, THE MOST OF ANY STATE IN THE

COUNTRY.

WITH THAT IN MIND, I ASK THAT THIS BE JUST ONE STEP IN

WHAT WE, AS A LEGISLATIVE BODY, DO IN THE MIDST OF THIS PANDEMIC AND

BEYOND. THIS IS WHY TODAY I ADDED MY NAME AS A CO-SPONSOR TO MY

COLLEAGUE, ASSEMBLYMAN CARROLL'S BILL, 00623, THAT AUTHORIZES AND

DIRECTS THE STATE BOARD OF ELECTIONS TO CREATE AN ONLINE PETITIONING

SYSTEM FOR DESIGNATING PETITIONS. THIS WOULD NOT REPLACE THE EXISTING

SYSTEM, BUT SUPPLEMENT IT. IN DOING SO, WE WOULD FOLLOW THE EXAMPLE

OF BOTH THE STATE OF MASSACHUSETTS AND THE CITY OF DENVER, COLORADO

WHO HAVE PERMITTED ELECTRONIC SIGNATURES TO BE ACCEPTED FOR SUCH

REASONS IN LIGHT OF THIS PANDEMIC. ADDITIONALLY, THERE IS ARIZONA

WHICH HAS HAD SUCH A SYSTEM IN PLACE EVEN PRIOR TO THIS PANDEMIC.

SECOND, IN ADDITION TO REDUCING THE NUMBER OF

SIGNATURES REQUIRED, THIS BILL ALSO ALTERS THE DATE OF THE PETITIONING

NYS ASSEMBLY JANUARY 26, 2021

PERIOD AND CUTS TWO WEEKS FROM IT. PRIOR TO THIS BILL, THE DATES WERE SET

AS BEGINNING ON FEBRUARY 23RD AND CARRYING THROUGH UNTIL THE FILING

PERIOD OF MARCH 29TH TO APRIL 1ST. THIS BILL SEEKS TO REMOVE TWO

WEEKS ON EITHER SIDE, HAVING IT BEGIN INSTEAD ON MARCH 2ND AND

CARRYING THROUGH UNTIL THE FILING PERIOD OF MARCH 22ND TO MARCH 25TH.

WHILE I UNDERSTAND THAT THE CURRENTLY SET PERIOD OVERLAPS WITH

PASSOVER, I HAVE YET TO HEAR A COMPELLING REASON AS TO WHY WE MUST

CUT A WEEK AT THE BEGINNING OF THE PERIOD, NOR WHY WE CANNOT MAINTAIN

THE SAME LENGTH OF THE PERIOD AT A NON-OVERLAPPING TIME. I DO NOT

UNDERSTAND HOW SUCH LOGIC FITS WITHIN THE MOTIVATION OF MAKING THIS A

LESS ONEROUS PROCESS FOR CAMPAIGNS. THANK YOU VERY MUCH AND, MR.

SPEAKER, IT'S MR. MAMDANI. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I, TOO,

WILL SUPPORT THIS LEGISLATION, ALTHOUGH I HAVE CONCERNS VERY SIMILAR TO

THOSE EXPRESSED BY THOSE WHO SPOKE BEFORE ME. FIRST, I DO AGREE THAT

IT IS A GOOD IDEA TO REDUCE THE STATUTORILY REQUIRED NUMBERS OF

SIGNATURES NEEDED FOR A CANDIDATE TO GET ON THE BALLOT; HOWEVER, THE 70

PERCENT REDUCTION PLAYS OUT VERY DIFFERENTLY OUTSIDE OF NEW YORK CITY

THAN IT DOES IN NEW YORK CITY. THIS BILL REDUCES THE NUMBER OF

SIGNATURES NEEDED FOR SOMEONE RUNNING ON AN ASSEMBLY DISTRICT TO

150. AN ASSEMBLY DISTRICT IN GENERAL HAS ABOUT 135,000 PEOPLE; YET,

IT ALSO REDUCES COUNTY LEGISLATOR TO 150. THE COUNTY LEGISLATORS IN

WESTCHESTER COUNTY REPRESENT APPROXIMATELY 55,000 PEOPLE. SO,

NYS ASSEMBLY JANUARY 26, 2021

THEREFORE, THE COUNTY LEGISLATIVE CANDIDATE RUNNING THIS YEAR IN A MUCH

SMALLER AREA WILL HAVE TO GET THE SAME NUMBER OF SIGNATURES AS IF THEY

WERE RUNNING IN AN ASSEMBLY DISTRICT.

SECONDLY, THIS LEGISLATION HAS A RATHER STRANGE IMPACT

ON TOWNS AND VILLAGES. MY ASSEMBLY DISTRICT HAS 49,000 DEMOCRATS,

SO IT WOULD NEED 150 SIGNATURES. MY ASSEMBLY DISTRICT IS COMPOSED

OF TWO TOWNS. ONE TOWN HAS 37,000 DEMOCRATS. IF YOU MULTIPLY THE

FORMULA OF 1.5 PERCENT, THIS TOWN WOULD REQUIRE 550 SIGNATURES. IF YOU

SAY THAT THE MAN -- THE MAXIMUM IS THE NEXT SUBDIVISION, FOR WHATEVER

REASON IN WESTCHESTER COUNTY, THE COUNTY BOARD OF ELECTIONS HAS

ALWAYS APPLIED THE SENATE NUMBER. SO, THEREFORE, THIS TOWN WITH

37,000 DEMOCRATS WOULD NEED TO GET 300 SIGNATURES. IF YOU APPLY THE

150 MAXIMUM FROM THE ASSEMBLY, THEN THEY WOULD NEED TO GET

150,000, EVEN THOUGH THE DISTRICT IS ABOUT TWO-THIRDS -- I'M SORRY, 150

SIGNATURES, EVEN THOUGH IT'S TWO-THIRDS OF THE ASSEMBLY DISTRICT.

NOW, THAT'S THE ASSEMBLY DISTRICT REQUIRING 150. BUT

THE OTHER TOWN IN MY DISTRICT HAS 11,000 DEMOCRATS. IF YOU WERE TO

MULTIPLY OUT THE FORMULA OF 1.5, YOU WOULD NEED 180; IF YOU USE THE

CAP OF THE SENATE, IT WOULD BE 300. IF WE CAN CONVINCE THE BOARD OF

ELECTIONS THAT THE PROPER CAP IS THE ASSEMBLY DISTRICT, THEN IT WOULD BE

150, BUT WHEN YOU ADD THE TWO TOGETHER, THAT'S STILL EITHER 300 OR 600

SIGNATURES WHERE THIS LEGISLATION SAYS IN AN ASSEMBLY DISTRICT YOU ONLY

NEED 150. SO THIS LEGISLATION, WHILE IT DOES HELP IN CERTAIN

CIRCUMSTANCES, CREATES CHAOS IN OTHER PARTS OF THE STATE.

I GUESS THE POINT I'M COMING TO IS I AGREE WITH THE

NYS ASSEMBLY JANUARY 26, 2021

PREVIOUS SPEAKER THAT WHILE IT'S OKAY TO REDUCE THE NUMBER OF

SIGNATURES, WE NEED TO ADD SOME ALTERNATIVE WAYS OF ACHIEVING BALLOT

STATUS, BALLOT ACCESS THIS YEAR. AND I HAVE A WHOLE SERIES OF THEM I

WOULD ASK THAT WE CONSIDER IN A FUTURE PIECE OF LEGISLATION. I HAVE

BEEN ASKED BY SOME PARTY LEADERS IN WESTCHESTER COUNTY TO ALLOW THE

PARTY, FOR ONE YEAR, TO ANOINT CANDIDATES, JUST LIKE THE DEMOCRATIC STATE

COMMITTEE DOES. ANY CANDIDATE THAT GETS MORE THAN 25 PERCENT OF THE

VOTE SHOULD AUTOMATICALLY BE PUT ON THE BALLOT. SECONDLY, WE CAN FIND

ANOTHER WAY OF SHOWING INTEREST. THERE COULD BE A MONETARY

THRESHOLD. IF YOU GET $10 FROM 50 PEOPLE IN YOUR DISTRICT, MAYBE THAT'S

ENOUGH OF A SHOWING TO BE ON THE BALLOT. I HAVE ONE CANDIDATE WHO

REGULARLY COLLECTS 3- TO 4,000 SIGNATURES HIMSELF. HE'S THE TOWN

SUPERVISOR. HE CALLED AND SAID, PLEASE, I DO NOT WANT TO ASK PEOPLE

FOR SIGNATURES. LET EVERYBODY ON THE BALLOT. OR MAYBE LET SOMEBODY

PUT UP A $250 REFUNDABLE DEPOSIT; IF THEY GET TEN PERCENT OF THE VOTE,

THEY GET THEIR MONEY BACK. AND HE'S GOING TO HAVE A PRIMARY BY

SOMEONE WHO IS GOING TO HAVE DIFFICULTY ACHIEVING BALLOT STATUS IF SHE

HAD TO GET THE SIGNATURES. BUT HIS VIEW IS WE SHOULD NOT BE REACHING

OUT TO PEOPLE AT THIS TIME. I RECEIVED LETTERS - I HAVE AN ACTIVE

COMMUNITY - I'M SORRY, E-MAILS FROM PEOPLE SAYING, I'M ELDERLY, I'M A

COUNTY COMMITTEE PERSON, I DO NOT WANT TO GO OUT. I DON'T GO OUT FOR

ANY OTHER REASON, I REALLY DON'T WANT TO GO OUT TO GET SIGNATURES.

LASTLY, MR. -- MR. SPEAKER, I WOULD SUGGEST THAT WE

COULD USE A REMOTE PETITIONING PROCESS, SIMILAR TO WHAT WE HAVE DONE

WITH NOTARY PUBLICS. WE COULD ALLOW PEOPLE TO SIGN A PETITION BEING

NYS ASSEMBLY JANUARY 26, 2021

WITNESSED EITHER ON ZOOM OR FACE TIME OR SOME OTHER MECHANISM,

HAVE THEM PUT THE PETITION IN THEIR MAILBOX, HAVE SOMEONE PICK UP THE

PETITION AND THEN SIGN ON AS A WITNESS HAVING WATCHED THE PERSON SIGN

REMOTELY.

SO WHAT I'M SUGGESTING, MR. SPEAKER, IS THAT WHILE I

THINK THIS BILL IS A GOOD BILL, IT DOES HELP IN CERTAIN CIRCUMSTANCES, WE,

AS AN ASSEMBLY, SHOULD BE GOING FURTHER, NOT ASKING PEOPLE TO GO OUT

AND ASK OTHERS FOR SIGNATURES. BUT RATHER, WE SHOULD BE FINDING OTHER

WAYS TO GET ON THE BALLOT IN THIS PANDEMIC YEAR.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. JACOBSON.

MR. JACOBSON: THANK YOU. ON THE BILL. THIS BILL

GOES A LONG WAY TO DEALING WITH THE SITUATION WE HAVE. AND IT'S QUITE

SIMILAR TO WHAT HAPPENED LAST YEAR WHERE THE REQUIREMENTS WERE

REDUCED TO 30 PERCENT. NOW, THERE'S BEEN SOME -- A LOT OF WORDS

THROWN OUT HERE IN MISUNDERSTANDING. IT'S NOT BASED -- NONE OF THE

SIGNATURE REQUIREMENTS ARE BASED ON A GUBERNATORIAL VOTE, THEY'RE

BASED ON THE ENROLLMENT BY PARTY IN THE VARIOUS DISTRICTS.

NOW, IT'S BEEN SAID THAT WE SHOULD DO IT A DIFFERENT

WAY. WELL, IT'S IMPORTANT. GETTING SIGNATURES ARE IMPORTANT. THERE IS

CONTACT, AND I DON'T MEAN PHYSICAL CONTACT, BUT THE FACT THAT YOU'RE

ENGAGING WITH THE PUBLIC, IT SHOWS SOME MINIMUM OF SUPPORT. ALSO, IF

WE WENT TO WHERE THERE WAS JUST AN ENDORSEMENT, EVEN AT 50 PERCENT OF

THE PARTY THEN WE'RE SAYING, WELL, THOSE THAT GOT ENDORSED DON'T HAVE TO

NYS ASSEMBLY JANUARY 26, 2021

GO OUT AND THE OTHERS DO. THAT WOULD NOT BE FAIR. IF WE HAVE A

MONETARY AMOUNT, IT WOULD BE WRONG. IT COULD BE CONSIDERED A POLL

TAX. EVERYBODY SHOULD BE TREATED EQUALLY. I DON'T WANT US TO BE LIKE

NEW HAMPSHIRE WHERE WE PAY $100 AND ALL OF A SUDDEN YOU END UP

WITH 20 -- 50 PEOPLE ON THE BALLOT, BECAUSE YOU HAVE SO MANY, IT REALLY

ENDS UP NO CHOICE. THERE HAS TO BE SOME REASON.

AND CONCERNING THE DIFFERENT OFFICES THAT ARE IN THE

BILL, WHAT THIS BILL DOES IS THAT BECAUSE PREVIOUSLY, THE OFFICES THAT ARE

LISTED, THERE ARE THE MAXIMUM THAT WERE NECESSARY. FOR EXAMPLE, IT

SAYS FIVE PERCENT OF THE ENROLLMENT OR TO A MAXIMUM OF DIFFERENT

AMOUNTS SO THAT IN MY COUNTY, FOR EXAMPLE, WHICH HAS ABOUT 330,000

PEOPLE, WE WOULD NEED 2,000 SIGNATURES, WHICH IS LESS THAN THE FIVE

PERCENT. NOW WITH THIS BILL, WE'RE GOING TO NEED 600. AND THE VARIOUS

AMOUNTS THAT ARE LISTED ARE THERE SHOWING THE MAXIMUM, NOT THE

MINIMUM. IT'S THE MAXIMUM. SO WHAT HAS HAPPENED WITH THIS BILL IS

THAT THE MAXIMUM IS BEING REDUCED. AND THE REQUIREMENTS ARE THE

SAME AS WHAT WE HAD LAST YEAR WHEN EACH ONE OF US RAN FOR ELECTION.

SO I DON'T THINK THAT WE SHOULD ASK PEOPLE TO DO MORE, AND I THINK IT'S

FAIR THAT IT'S IN THE SAME AMOUNT.

MANY OF THE SMALL OFFICES, WHETHER IT'S MEMBERS OF A

COUNTY COMMITTEE OR TOWN COUNCIL WILL BE REDUCED A VERY SMALL

AMOUNT. PEOPLE WILL BE VERY INVENTIVE. IF YOU HAVE 200 PEOPLE IN A

DISTRICT, YOU NEED THREE SIGNATURES. I MEAN, YOU PROBABLY -- A LOT OF

PEOPLE WILL HAVE THAT IN THEIR OWN HOUSEHOLD. SO, THERE'S A LOT OF

THINGS HERE THAT I BELIEVE ARE -- IS A LITTLE -- ARE A LITTLE OVERBLOWN,

NYS ASSEMBLY JANUARY 26, 2021

THOUGH I KNOW THAT PEOPLE ARE SAYING IT WITH WELL-INTENTIONED MOTIVES.

SO, I THINK -- I WOULD LIKE TO CONGRATULATE THE SPONSOR OF THIS BILL. I'M

VERY HAPPY THAT WE DID THIS BILL -- WE'RE DOING THIS BILL EARLY ENOUGH SO

THAT'S THOSE THAT ARE RUNNING FOR OFFICE THIS YEAR CAN PREPARE EARLY, SO

THAT THE BOARD OF ELECTIONS, THAT THE BOARDS KNOW WHAT IS GOING TO

HAPPEN, AND THAT WE'RE ABLE TO PROCEED IN A BETTER WAY. SO, I WILL BE

VOTING IN THE AFFIRMATIVE, I THANK THE SPONSOR FOR THIS BILL, AND I URGE

MY COLLEAGUES TO SUPPORT IT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BURDICK.

MR. BURDICK: YES, THANK YOU, MR. SPEAKER. ON

THE BILL. I WILL VOTE IN THE AFFIRMATIVE, BUT I SHARE THE CONCERNS RAISED

BY PREVIOUS SPEAKERS. IT'S A STEP IN THE RIGHT DIRECTION BUT I, TOO, AM

CONCERNED ABOUT THE DISPROPORTIONATE IMPACTS ON SOME TOWNS, AS MR.

ABINANTI HAD EXPLAINED. THERE HAS GOT TO BE AN ALTERNATIVE WAY FOR

BALLOT ACCESS. LIKE MR. ABINANTI, I'VE HAD PARTY LEADERS IMPLORING US

TO AVOID PERSON-TO-PERSON CONTACT IN THE MIDDLE OF A RAGING PANDEMIC.

IF WE CAN HAVE NOTARIZATION PERFORMED REMOTELY, WHY CAN'T WE HAVE

PETITIONING CARRIED OUT REMOTELY? ONLINE PETITIONING, REMOTE

PETITIONING, ALL OF THESE ARE EXAMPLES OF WHAT OUGHT TO BE ABLE TO BE

DONE AT THIS TIME. AND THERE'S SO MANY WAYS IN WHICH THIS CAN BE

DONE, AND PEOPLE ARE LOOKING TO US TO BRING OUR SYSTEM INTO THE 21ST

CENTURY AND WHILE I COMMEND THE WRITERS OF THIS LEGISLATION FOR THE

STEPS FORWARD, I WOULD JUST ASK THAT WE GO AHEAD AND TRY TO IMPROVE

FURTHER ON THE SYSTEM THAT'S BEING DEVELOPED. THANK YOU VERY MUCH.

NYS ASSEMBLY JANUARY 26, 2021

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, ON THE BILL. FIRST, I'D LIKE TO SAY THAT THIS BILL, AGAIN, WOULD

REDUCE THE NUMBER OF SIGNATURES FOR DESIGNATING PETITIONS BY 70

PERCENT FOR THE UPCOMING ELECTION CYCLE. AGAIN, IT WOULD ALLOW THE

CANDIDATES TO ORGANIZE THEIR CAMPAIGNS, TO GET PETITIONS, TO COLLECT

VOTER SIGNATURES WHILE RESPECTING THE PUBLIC HEALTH GUIDELINES. THIS

BILL DOES SHORTEN THE PERIOD TO CIRCULATE PETITIONS BY TWO WEEKS, ONE

WEEK AT THE BEGINNING AND ONE WEEK AT THE END, MARCH 2ND TO MARCH

27TH. IT CHANGES THE DATES OF FILING THE PETITIONS TO COINCIDE WITH THE

LAST WEEK OF THE PETITION PERIOD. AND, AGAIN, WE DID THIS TO TAKE INTO

ACCOUNT OF PASSOVER.

AS WE ALL KNOW, THIS PAST YEAR HAS BEEN ONE FILLED

WITH MUCH TRAGEDY AND DEATH, ESPECIALLY IN OUR MOST VULNERABLE AND

LOW-INCOME COMMUNITIES, WE CANNOT ALLOW US AS A SOCIETY TO CREATE A

SITUATION WHERE PEOPLE ARE PUT IN DANGER NEEDLESSLY. WE MUST

MINIMIZE THE INTERACTIONS BETWEEN PEOPLE AS MUCH AS POSSIBLE,

ESPECIALLY (UNINTELLIGIBLE). AND DEMOCRACY IS THIS REPUBLIC'S CORE

FOUNDATION, AND FREE AND FAIR ELECTIONS AND ROBUST CAMPAIGNING DEFINE

US.

WE ARE IN THE MIDST OF THE SECOND YEAR OF THIS DEADLY

PANDEMIC AND AS LAST YEAR, WE LOWERED THE THRESHOLD TO GET ON THE

NYS ASSEMBLY JANUARY 26, 2021

BALLOT AND STILL MAINTAIN A STRONG AND SAFE WAY TO HAVE CANDIDATES WHO

SO DESIRE TO GET ON THE BALLOT, AND WE MUST DO THE SAME AGAIN THIS YEAR.

THIS LEGISLATION WILL KEEP NEW YORKERS SAFE DURING THE PANDEMIC. IN

MARCH, THE EXECUTIVE REDUCED THE NUMBER OF PETITION SIGNATURES TO 30

PERCENT OF THE STATUTORY THRESHOLD; HOWEVER, THAT EXECUTIVE ORDER WILL

EXPIRE IN A MATTER OF WEEKS. UNFORTUNATELY, WE HAVE WITNESSED A

DELAYED VACCINE DISTRIBUTION DUE TO A SHORTAGE OF VACCINES RECEIVED

FROM FEDERAL GOVERNMENT UNDER THE PRIOR ADMINISTRATION. DUE TO THE

DELAY IN THE VACCINE, WE DO NOT EXPECT TO REACH HERD IMMUNITY UNTIL

THE SUMMER, AT BEST, WHICH WILL BE AFTER THE PRIMARY. THIS PUTS US IN A

PRECARIOUS SITUATION. WE ARE ALSO IN THE SECOND WAVE OF THE VIRUS AND

WITH A NEW STRAIN OF CORONAVIRUS, THE FUTURE IS UNPREDICTABLE. SO, WE

MUST PROTECT EACH OTHER. WE MUST FOLLOW SOUND, MEDICAL ADVICE.

AGAIN, THE NUMBERS FOR CITY COUNCIL CANDIDATES

WOULD NEED 270 SIGNATURES RATHER THAN 900, ACCORDING TO NEW YORK

STATE ELECTION LAW STATUTE; FOR CONGRESS, CANDIDATES WOULD NEED 375

SIGNATURES RATHER THAN 1,250; FOR STATE SENATE, CANDIDATES WOULD NEED

300 SIGNATURES RATHER THAN 1,000; AND FOR ASSEMBLY CANDIDATES, WOULD

ONLY NEED 150 SIGNATURES RATHER THAN 500. I ASK MY COLLEAGUES TO JOIN

ME IN SUPPORTING THIS BILL FOR THE HEALTH AND WELL-BEING OF OUR STATE,

FELLOW GOVERNMENT OFFICIALS AND ASPIRING OFFICIALS AND ORGANIZERS.

DEMOCRACY IS SO FRAGILE, AND AS WE HAVE SEEN LATELY, SO SACRED, THAT WE

MUST DO EVERYTHING IN OUR POWER TO KEEP IT STRONG AND VIBRANT, AND

ALSO MAINTAINING HEALTH PRECAUTIONS. I BELIEVE WE CAN BE BOTH

PROTECTIVE OF OUR DEMOCRACY WHILE MAINTAINING PROPER HEALTH

NYS ASSEMBLY JANUARY 26, 2021

PRECAUTIONS. IT IS OUR HOPE THAT THIS PANDEMIC ENDS SPEEDILY IN OUR

TIME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE BILL NO. S02733. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. I JUST WANT TO APPLAUD THE SPONSOR OF THIS BILL TODAY.

THIS IS A REALLY IMPORTANT PIECE OF LEGISLATION. WE'VE SEEN SO MANY

NEW YORKERS PERISH OVER THE PAST YEAR, AND REDUCING THE SIGNATURE

REQUIREMENTS IS AN IMPORTANT STEP. WE WANT TO PUT AS FEW PEOPLE AT

RISK AS POSSIBLE, BUT ENSURE THE INTEGRITY OF OUR ELECTION SYSTEM. TIME

AFTER TIME AGAIN, WE'VE SEEN PEOPLE WHO ARE MAKING CHOICES BECAUSE

OF OBLIGATIONS THAT THEY HAVE. HERE WE'RE SAYING YOU CAN RUN, BE A PART

OF THE ELECTION SYSTEM, BUT DO IT SAFELY. THIS IS AN IMPORTANT STEP AND I

HOPE WE CONTINUE DOWN THIS PATH TO THINK ABOUT HEALTH AND SAFETY FOR

ALL OUR NEW YORKERS. I APPLAUD THE SPONSOR AND I WILL BE VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

NYS ASSEMBLY JANUARY 26, 2021

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR AN OPPORTUNITY TO EXPLAIN MY VOTE. I HAVE A RECENT --

BEEN RECEIVING A LOT OF COMMUNICATIONS ABOUT THIS PROCESS THAT WE GO

THROUGH TO GET BALLOT ACCESS, AND THERE WERE A NUMBER OF

RECOMMENDED CHANGES THAT WERE MADE. I THINK WE'VE COME UP WITH

THE BEST SOLUTION TODAY. ALTHOUGH TO BE QUITE HONEST, I THINK IF WE

WERE IN THE SAME SITUATION TODAY THAT WE WERE IN LAST YEAR, WE MIGHT

WANT TO CONSIDER SOME OF THESE OTHER RECOMMENDATIONS THAT ARE BEING

MADE, BUT THANK GOD WE'RE NOT. UNFORTUNATELY, WE DID NOT HAVE THE

BEST INFORMATION AT THIS TIME LAST YEAR COMING FROM OUR FEDERAL

GOVERNMENT AND SO, STATE-BY-STATE, WE HAD TO FIGURE OUT HOW TO

MANAGE WITH THIS HORRIFIC VIRUS. AND HAVE WE COMPLETELY FIGURED IT

OUT YET? NO, WE HAVEN'T. BUT WHAT WE DO KNOW IS THAT THERE WILL BE

ELECTIONS COMING UP AND THAT THE PEOPLE DO NEED TO HAVE ACCESS TO GET

SOMEONE ON THE BALLOT. CANDIDATES NEED TO HAVE ACCESS AND VOTERS

NEED TO UNDERSTAND WHO IT IS THAT WOULD LIKE TO HAVE THEIR VOTE.

THERE'S NOTHING LIKE THE OPPORTUNITY TO ENGAGE WITH A VOTER, ASKING

THEM FOR THEIR SUPPORT JUST BY A SIGNATURE. IS THAT MORE DIFFICULT TO GET?

YES, IT IS, BUT IT'S ALSO MORE DIFFICULT TO GO TO THE SUPERMARKET AND

WE'VE FIGURED OUT HOW TO DO THAT.

AND SO I THINK WE'LL HAVE THE OPPORTUNITY TO FIGURE OUT

HOW TO GET THIS NUMBER OF SIGNATURES, MUCH LIKE WE DID LAST YEAR. BUT

IN ALL HONESTY, MR. SPEAKER, IF I HAD MY DRUTHERS, I WOULD SAY IT WOULD

NYS ASSEMBLY JANUARY 26, 2021

NOT BE 70 PERCENT, IT WOULD BE 60. BUT BECAUSE WE'RE ALL HERE TODAY

AND EVERYBODY'S JOINING IN ON THE 70, I'M GOING TO GO WITH IT AND I

THINK THAT WE'LL -- ANYONE WHO IS A CANDIDATE WILL BE ABLE TO MEET THE

MARK. THEY WILL FIGURE OUT WAYS, THEY WILL BUY (UNINTELLIGIBLE) --

MAYBE THEY'LL NEED TO BUY SIGNS. WE NEED TO GET SOMETHING ELSE TO GET

THE VOTER ENGAGED AND HERE'S YOUR OPPORTUNITY TO DO THAT. WITH THAT,

MR. SPEAKER, I LOOK FORWARD TO VOTING IN THE AFFIRMATIVE ON THIS

LEGISLATION.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. SMITH TO EXPLAIN HIS VOTE.

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

SUPPORT THIS LEGISLATION. I THINK IT'S IMPORTANT DURING THIS TOUGH TIME

THAT WE DO TAKE THESE ACTIONS TO EDIT THE PROCESS BY WHICH WE DO GET

CANDIDATES ON THE BALLOT. I THINK IT'S A SMART MEASURE. GOING FORWARD,

THOUGH, I WOULD LIKE TO ECHO SOME OF THE THOUGHTS OF SOME OF OUR OTHER

COLLEAGUES, THAT I THINK THE PETITION PROCESS, WHILE I THOROUGHLY ENJOY

THE PROCESS OF SPEAKING WITH THOUSANDS OF CONSTITUENTS OVER THE COURSE

OF ANY GIVEN YEAR ON ELECTION YEAR OR NOT AN ELECTION YEAR, I DO THINK

IT'S SOMETHING THAT I HOPE IN THE FUTURE WE CAN EVALUATE. THE FACT THAT

WE DO HAVE A PROCESS BY WHICH POLITICAL PARTIES IN THE STATE OF NEW

YORK WHICH ARE KIND OF A QUASI-GOVERNMENTAL STRUCTURE WITH ELECTED

COMMITTEE MEMBERS, THAT WE ACTUALLY HAVE CONVENTIONS WHERE PARTIES

ARE NOMINATING THEIR CANDIDATES. I THINK IT'S IMPORTANT GOING FORWARD IF

WE LOOK TO SEE IF THAT'S SOMETHING THAT COULD BE TAKEN INTO ACCOUNT IN

100

NYS ASSEMBLY JANUARY 26, 2021

THE PROCESS BY WHICH A POLITICAL PARTY NOMINATES A CANDIDATE, AND WE

STILL HAVE A FUNCTION WHERE FOR PRIMARY CHALLENGES THAT THERE STILL IS

SOME WAY THAT ANYONE CAN GET ON THE BALLOT, BUT THAT IT MIGHT REDUCE

THE NEED FOR THE PETITION PROCESS TO SOME EXTENT; OTHER STATES DO IT

DIFFERENTLY.

SO WITH THAT, I GLADLY SUPPORT THE BILL. I SUPPORT THE

SPONSOR. I THINK IT'S IMPORTANT DURING THIS TOUGH TIME. AND I REALLY

HOPE THAT, YOU KNOW, THERE HAVE BEEN A NUMBER OF PRIVATE

CONVERSATIONS, BUT I HOPE THAT IN THE FUTURE WE CAN CONSIDER SOME

THOUGHTS IN YEARS GOING FORWARD. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. SMITH IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING ASSEMBLYMEMBERS IN THE NEGATIVE: MR. FRIEND, MR.

BRABENEC, AND MR. DIPIETRO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR. SO

NOTED.

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. MR.

SPEAKER, DO WE HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE A BIT OF

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NYS ASSEMBLY JANUARY 26, 2021

HOUSEKEEPING AND SOME FINE RESOLUTIONS. WE WILL TAKE CARE OF THE

HOUSEKEEPING FIRST.

ON A MOTION BY MS. PAULIN, PAGE 6, CALENDAR NO. 36,

BILL NO. A00585, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE HAVE 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. 26 AND 27

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COULD YOU CALL ON MS. HUNTER FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MS. HUNTER FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MS. HUNTER: YES, MR. SPEAKER. AFTER THE

CONCLUSION OF SESSION, THERE WILL BE A NEED FOR A MAJORITY CONFERENCE.

ACTING SPEAKER AUBRY: MAJORITY CONFERENCE

IMMEDIATELY FOLLOWING SESSION, OR THEREABOUTS.

MRS. PEOPLES-STOKES.

MR. GOODELL, NO?

MR. GOODELL: NO OTHER ANNOUNCEMENTS. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

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NYS ASSEMBLY JANUARY 26, 2021

MAJORITY CONFERENCE IS GOING TO BE IMMEDIATELY FOLLOWING SESSION, SO

IF YOU CAN PLEASE STAY ONLINE IN THE ZOOM, WE WILL BE PROCEEDING

SHORTLY.

WITH THAT, I MOVE THAT THE ASSEMBLY STAND ADJOURNED

UNTIL JANUARY 27TH, TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE WILL

RECONVENE AT 2:00 P.M. ON FEBRUARY THE 1ST, MONDAY, THAT BEING A

SESSION DAY.

ACTING SPEAKER AUBRY: STAYING ON ZOOM, THE

ASSEMBLY STANDS ADJOURNED.

(WHEREUPON, AT 5:54 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, JANUARY 27TH, WEDNESDAY BEING A SESSION

DAY, AND TO RECONVENE ON MONDAY, FEBRUARY 1ST AT 2:00 P.M., MONDAY

BEING A SESSION DAY.)

103