TUESDAY, FEBRUARY 8, 2022 3:24 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, FEBRUARY 8TH [SIC].
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY FEBRUARY 8, 2022
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, FEBRUARY
THE 7TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. TODAY I
WOULD LIKE TO START OUR PROCESS WITH A QUOTE THAT COMES FROM MARY
MCLEOD BETHUNE. MISS BETHUNE WAS AN AMERICAN EDUCATOR, A
STATESWOMAN, A PHILANTHROPIC HUMANITARIAN AND A CIVIL RIGHTS ACTIVIST.
HER WORDS FOR US TODAY, EDUCATION IS THE GREAT AMERICAN ADVENTURE,
THE WORLD'S MOST COLOSSAL DEMOCRATIC EXPERIMENT. THOSE WORDS WERE
VERY VALID AT THE TIME IT WAS SAID, THEY'RE VERY VALID TODAY, MR.
SPEAKER. AS YOU KNOW, WE STILL HAVE A LITTLE BIT OF WORK WE HAVE TO DO
ON THAT DEMOCRATIC EXPERIENCE SO THAT WE CAN DEMONSTRATE EQUITY FOR
ALL STUDENTS.
SO, COLLEAGUES, WELCOME TO THE CHAMBERS. TODAY
YOU SHOULD REALIZE THAT YOU DO HAVE ON YOUR DESK A MAIN CALENDAR,
AND AFTER HOUSEKEEPING THAT'S BEEN COMPLETED WE'RE GOING TO TAKE UP
THE RESOLUTIONS ON PAGE 3, BY WHICH SOME OF OUR COLLEAGUES WILL BE
SPEAKING ON THE RESOLUTION TODAY. THEN WE WILL TAKE UP THE FOLLOWING
BILLS ON CONSENT: CALENDAR NO. 129 AND CALENDAR NO. 131. THEY ARE
BOTH ON PAGE 23, MR. SPEAKER. THEN WE'RE GOING TO CONTINUE OUR
CONSENT ON THE MAIN CALENDAR WITH CALENDAR NO. 157 THROUGH
CALENDAR NO. 175, STARTING ON PAGE 27. AT THAT POINT, MR. SPEAKER,
WE'RE GOING HAVE -- TO GO ON DEBATE AND WE'RE GOING TO START WITH RULES
2
NYS ASSEMBLY FEBRUARY 8, 2022
REPORT NO. 46. IT'S ON PAGE 4 AND IT'S BY MS. WALKER.
THAT IS A GENERAL OUTLINE. COLLEAGUES SHOULD ALSO
KNOW THAT THERE WILL DEFINITELY BE A NEED FOR A MAJORITY CONFERENCE
IMMEDIATELY FOLLOWING THE CLOSE OF SESSION TODAY. AND AS WE ALWAYS
DO, WE'LL CONSULT WITH OUR COLLEAGUES TO DETERMINE WHAT THEIR NEEDS
MAY BE AS WELL. MR. SPEAKER, THAT'S GENERALLY WHERE WE'RE GOING
TODAY. IF YOU HAVE HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES. WE DO HAVE A BIT OF HOUSEKEEPING.
AT THE REQUEST OF MS. RICHARDSON, CALENDAR NO. 124,
BILL NO. 3366-B IS RECOMMITTED TO THE COMMITTEE ON CORRECTIONS.
ALSO AT THE REQUEST OF MS. RICHARDSON, CALENDAR NO.
166, BILL NO. 5264-C IS RECOMMITTED TO THE COMMITTEE ON CODES.
AND MS. RICHARDSON COMPLETES WITH CALENDAR NO.
283, BILL NO. 7957 AND IS RECOMMITTED TO THE COMMITTEE ON CODES.
PAGE 3, ASSEMBLY 54 -- 541, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 541, MR. CUSICK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 2022 AS TEEN DATING VIOLENCE
AWARENESS AND PREVENTION MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 542, MR. DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
3
NYS ASSEMBLY FEBRUARY 8, 2022
KATHY HOCHUL TO PROCLAIM FEBRUARY 2022 AS LIBRARY LOVER'S MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. DESTEFANO ON THE
RESOLUTION.
MR. DESTEFANO: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO SPEAK ON THIS RESOLUTION. AS WE'VE DONE IN THE PAST,
LIBRARY LOVER'S MONTH IS A CELEBRATION DEDICATED TO EVERYDAY PEOPLE.
IN LIBRARIES YOU CAN DISCOVER AMAZING ADVENTURES, ENJOY MUSIC AND ART,
CULTURE AND HISTORY. YOU MIGHT FIND -- FIND OUT SOMETHING ABOUT
YOURSELF. LIBRARIES ARE OFTEN SEEN AS A THING OF THE PAST. HOWEVER,
THEY ARE MORE IMPORTANT TODAY THAN EVER BEFORE. THIS IS BECAUSE
LIBRARIES ARE ONE OF THE MOST IMPORTANT RESOURCES OUR COMMUNITY HAS.
LIBRARIES ARE FREE AND THEY OFFER A VARIETY OF RESOURCES THAT ARE
ACCESSIBLE TO EVERYONE. LIBRARIES PROVIDE A SENSE OF COMMUNITY.
THEY'RE A PLACE WHERE PEOPLE CAN MEET FRIENDS, STUDY FOR EXAMS OR JUST
RELAX. IN TODAY'S SOCIETY IT IS MORE IMPORTANT THAN EVER TO HAVE PLACES
WHERE PEOPLE CAN COME TOGETHER AND CONNECT. LIBRARIES ARE MOST
IMPORTANT FOR EDUCATION. MOST LIBRARIES OFFER FREE CLASSES LIKE
EVERYTHING FROM COMPUTER SKILLS TO COOKING. THERE ARE ALSO EXTENSIVE
COLLECTIONS OF BOOKS, MOVIES AND MUSIC THAT YOU CAN BORROW FOR FREE.
LIBRARIES HOPE -- LIBRARIES HELP PROMOTE LITERACY. ACCORDING TO THE
NATIONAL INSTITUTE OF LITERACY, 32 MILLION ADULTS IN THE UNITED STATES
CANNOT READ WELL ENOUGH TO DO EVERYDAY TASKS LIKE READING, MEDICATION
LABELS OR FILLING OUT JOB APPLICATIONS. LIBRARIES OFFER RESOURCES LIKE
TUTORING PROGRAMS AND EARLY CHILDHOOD LITERACY ACTIVITIES THAT HELP
4
NYS ASSEMBLY FEBRUARY 8, 2022
PROMOTE LITERACY AND ENCOURAGE PEOPLE TO READ FOR PLEASURE. LIBRARIES
OFFER A SAFE PLACE FOR KIDS. ACCORDING TO THE AMERICAN LIBRARY
ASSOCIATION, PUBLIC LIBRARIES ARE ONE OF THE FEW PLACES WHERE KIDS CAN
GO WITHOUT AN ADULT. IN ADDITION, THERE ARE ACTIVITIES AND PROGRAMS
SPECIFICALLY DESIGNED FOR CHILDREN. AND MOST LIBRARIES HAVE A ZERO
TOLERANCE FOR BULLYING AND HARASSMENT. LIBRARIES ARE HOMES TO SOME OF
THE WORLD OLDEST MANUSCRIPTS AND DOCUMENTS. THEY ALSO HAVE
EXTENSIVE COLLECTIONS OF PHOTOGRAPHS, MAPS AND OTHER HISTORICAL
ARTIFACTS THAT WOULD BE OTHERWISE UNAVAILABLE TO THE PUBLIC. LIBRARIES
PROVIDE ACCESS TO TECHNOLOGY. IN ADDITION TO COMPUTERS, MOST LIBRARIES
NOW HAVE E-READERS, TABLETS AND OTHER DEVICES YOU CAN BORROW OR USE
IN THE LIBRARY. THEY ALSO OFFER FREE WI-FI AND INTERNET ACCESS.
LIBRARIES ARE A GREAT PLACE TO FIND JOBS AND CAREER ADVICE. MOST
LIBRARIES HAVE DATABASES OF JOB LISTINGS AND RESOURCES LIKE
RESUME-WRITING CLASSES AND INTERVIEW TIPS. LIBRARIES HELP SUPPORT THE
LOCAL ECONOMY. LIBRARIES OFTEN -- OFTEN PARTNER WITH BUSINESSES AND
ORGANIZATIONS TO OFFER DISCOUNTS, FREE EVENTS AND PROGRAMS FOR THE
PUBLIC. LIBRARIES PROVIDE A PLACE TO LEARN NEW THINGS. LIBRARIES OFFER
MORE THAN JUST BOOKS, MOVIES. THEY ALSO HAVE CLASSES, WORKSHOPS AND
OTHER ACTIVITIES YOU CAN PARTICIPATE IN FOR FREE.
IT IS THE SENSE OF THIS LEGISLATIVE BODY THAT WHEN YOU
HAVE INSTITUTIONS OF SUCH NOBLE AIMS AND ACCOMPLISHMENTS, THEY
SHOULD BE RECOGNIZED AND CELEBRATED. AS SUCH, I PROUDLY INTRODUCE
THIS MEASURE PROCLAIMING FEBRUARY AS LIBRARY LOVER'S MONTH IN THE
STATE OF NEW YORK, AND ENCOURAGE THE GOVERNOR AND ALL OF MY
5
NYS ASSEMBLY FEBRUARY 8, 2022
COLLEAGUES TO JOIN ME IN HERALDING THIS GREAT -- AND MANY LIBRARIES THAT
PEOPLE TIRELESSLY WORK TO MAKE A COMMUNITY PLACE TO GET TOGETHER.
I WANT TO THANK MY COLLEAGUES ON BOTH SIDES OF THE
AISLE FOR COSPONSORING THIS. THIS IS -- THIS A VERY IMPORTANT RESOLUTION
BECAUSE IT PROVIDES COMMUNITIES A GET-TOGETHER PLACE, A PLACE WHERE
PEOPLE CAN GET TOGETHER AND JUST LEARN ABOUT THINGS THAT THEY WANT TO
LEARN ABOUT AND JUST CONNECT WITH OTHER PEOPLE WITHIN THEIR
COMMUNITY. AND THANK YOU, MR. SPEAKER, FOR THE OPPORTUNITY TO SPEAK
ON THIS.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
AND MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. I -- I JOIN MY
COLLEAGUES ON BOTH SIDES OF THE AISLE IN ASKING GOVERNOR KATHY HOCHUL
TO PROCLAIM FEBRUARY AS LIBRARY LOVER'S MONTH, AND I LOOK FORWARD TO
JOINING WITH ALL MY FRIENDS AND COLLEAGUES ON BOTH SIDES OF THE AISLE --
THE AISLE IN MARCH TO RESTORE ALL THE FUNDING CUTS FOR OUR LIBRARIES.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO.
AND I HOPE, MR. DESTEFANO, YOU LET ME ON THAT
BECAUSE I'M A LIBRARY KID FROM WHEN I GREW UP. THANK YOU.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 543, MR. MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
6
NYS ASSEMBLY FEBRUARY 8, 2022
KATHY HOCHUL TO PROCLAIM APRIL 9, 2022 AS YELLOW RIBBON 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.
PAGE 23, CALENDAR NO. 129, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03600-B, CALENDAR
NO. 129, PAULIN, OTIS, SAYEGH. AN ACT TO AMEND CHAPTER 154 OF THE
LAWS OF 1921 RELATING TO THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY, IN RELATION TO PORT AUTHORITY ORGANIZATION, APPEARANCE AND
NOTICE.
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 ASSEMBLY PRINT 3600-B. 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.
PAGE 24, CALENDAR NO. 131.
THE CLERK: ASSEMBLY NO. A03826-B, CALENDAR
NO. 131, VANEL. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING
7
NYS ASSEMBLY FEBRUARY 8, 2022
AND BREEDING LAW, IN RELATION TO REQUIRING ALL ADVERTISEMENTS FOR
GAMBLING AND SPORTS BETTING TO INCLUDE WARNINGS ABOUT POTENTIAL
HARMFUL AND ADDICTIVE EFFECTS OF GAMBLING AND TO REQUIRING THE STATE
GAMING COMMISSION TO COOPERATE WITH THE COMMISSIONER OF
ADDICTION SERVICES AND SUPPORTS TO ENSURE THAT ALL ADVERTISEMENTS FOR
GAMING ACTIVITY STATE A PROBLEM GAMBLING HOTLINE NUMBER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3826-B. 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.
PAGE 27, CALENDAR NO. 157 ON CONSENT.
THE CLERK: ASSEMBLY NO. A04870, CALENDAR NO.
157, GOODELL. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO DESIGNATING UNIFORMED COURT OFFICERS IN THE TOWN OF BUSTI,
COUNTY OF CHAUTAUQUA, AS PEACE OFFICERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
8
NYS ASSEMBLY FEBRUARY 8, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4870. 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.)
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUE MR. DILAN IN THE NEGATIVE ON THIS
LEGISLATION AS WELL.
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. A04905, CALENDAR NO.
158, WEPRIN. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO
PROVIDING IDENTIFICATION CARDS TO INMATES UPON RELEASE FROM
INCARCERATION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04938, CALENDAR NO.
159, EPSTEIN, GALLAGHER, STECK, JACKSON, GOTTFRIED. AN ACT TO AMEND
THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO LIMITED SCOPE
APPEARANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04947, CALENDAR NO.
160, BICHOTTE HERMELYN, REYES, GRIFFIN, MEEKS, COLTON, ZINERMAN,
SIMON, FRONTUS. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO CRIMES
9
NYS ASSEMBLY FEBRUARY 8, 2022
INVOLVING THE DEATH OR INJURY OF A WORKER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04962, CALENDAR NO.
161, ZEBROWSKI, GLICK. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO
THE UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4962. 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.
THE CLERK: ASSEMBLY NO. A05031, CALENDAR NO.
162, RAMOS, WEPRIN, TAYLOR, L. ROSENTHAL, THIELE, COLTON, ABINANTI,
REYES, GRIFFIN, CARROLL, JACOBSON, GLICK, GOTTFRIED. AN ACT TO AMEND
THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO TIME LIMITATIONS FOR
FILING CLAIMS FOR CERTAIN INJURIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05108, CALENDAR NO.
163, ABBATE, COLTON, BARNWELL, LAWLER, SILLITTI, SAYEGH. AN ACT IN
RELATION TO AFFECTING -- AFFECTING THE HEALTH INSURANCE BENEFITS AND
CONTRIBUTIONS OF CERTAIN RETIRED PUBLIC EMPLOYEES.
10
NYS ASSEMBLY FEBRUARY 8, 2022
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05224, CALENDAR NO.
164, GALEF, SEAWRIGHT, JACOBSON, ASHBY, THIELE, BURDICK, JENSEN,
MCDONALD, SILLITTI. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
PROVIDING FOR MANDATORY TRAINING CURRICULUM FOR TREASURERS OF POLITICAL
COMMITTEES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1, 2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5224. 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. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUE MR. DIPIETRO IN THE NEGATIVE ON THIS BILL. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE
NEGATIVE. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05238, CALENDAR NO.
165, BARRETT, DICKENS, ZINERMAN, MAGNARELLI, THIELE, SIMON,
SEAWRIGHT, GALEF, STERN, FERNANDEZ, MONTESANO, GONZÁLEZ-ROJAS,
11
NYS ASSEMBLY FEBRUARY 8, 2022
FORREST, REYES, BURGOS, BURDICK, DINOWITZ, ABINANTI, SALKA, WALCZYK,
HEVESI, GOTTFRIED, CAHILL, ENGLEBRIGHT, AUBRY, JACKSON, SOLAGES.
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING
AMENDMENTS TO SECTIONS 3 AN 4 OF ARTICLE 17 OF THE CONSTITUTION, IN
RELATION TO THE PROTECTION AND PROMOTION OF THE MENTAL HEALTH OF NEW
YORKERS.
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 ASSEMBLY PRINT 5238. 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.
MRS. BARRETT TO EXPLAIN HER VOTE.
MRS. BARRETT: THANK YOU, MR. SPEAKER, AND
THANK YOU, COLLEAGUES. I DON'T THINK THERE'S A PERSON IN THIS ROOM OR
ANY OF OUR CONSTITUENTS WHO HAVE NOT BEEN IMPACTED OVER THE LAST
COUPLE OF YEARS WITH ISSUES AROUND MENTAL HEALTH. COVID REALLY
BROUGHT TO FOCUS WHAT A CRISES WE HAVE IN OUR STATE AND IN OUR COUNTRY
AROUND MENTAL HEALTH, WHETHER IT'S SCHOOL CHILDREN FROM THE EARLIEST --
EARLY CHILDHOOD THROUGH ADOLESCENCE, WHETHER IT'S SENIORS WHO STRUGGLE
WITH ISOLATION, VETERANS WHO ARE STRUGGLING WITH ISSUES THAT -- THAT
HEARKEN BACK TO THEIR SERVICE AND HAUNTED THEM THROUGHOUT THIS PERIOD.
SO I'M REALLY PROUD TO HAVE THIS CONSTITUTIONAL AMENDMENT MOVE
FORWARD. NEW YORK NEEDS TO DO OUR PART TO DESTIGMATIZE MENTAL HEALTH
AND GIVE IT PARITY WITH PHYSICAL HEALTH IN OUR NEW YORK STATE
12
NYS ASSEMBLY FEBRUARY 8, 2022
CONSTITUTION AND AMEND LAWS THAT STARTED TO DEVELOP IN 1938 AND
HAVEN'T BEEN CHANGED SINCE THEN.
I'M HONORED TO VOTE IN THE AFFIRMATIVE, AND I THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MRS. BARRETT IN THE
AFFIRMATIVE.
MR. ABINANTI TO EXPLAIN HIS VOTE.
MR. ABINANTI: THANK YOU, MR. SPEAKER. THIS
LEGISLATION WOULD ADD -- WOULD PRESENT TO THE VOTERS A -- A PROPOSAL TO
ADD THE WORDS "PHYSICAL AND MENTAL HEALTH" TO OUR NEW YORK STATE
CONSTITUTION IN A SECTION THAT PROVIDES PROTECTION AGAINST
DISCRIMINATION. THIS CONSTITUTIONAL AMENDMENT PUTS IN OUR
CONSTITUTION WHAT WE HAVE LONG BELIEVED TO BE THE BASIC PRINCIPLES OF
NEW YORK STATE, THAT WE SHOULD NOT DISCRIMINATE AGAINST PEOPLE ON THE
BASIS OF THEIR PHYSICAL OR MENTAL HEALTH. AND THIS PROVIDES PARITY FOR
MENTAL HEALTH TO PHYSICAL HEALTH. I COMMEND THE SPONSOR, AND THIS IS
AN IMPORTANT PIECE OF LEGISLATION. WE NEED THE PEOPLE OF THE STATE OF
NEW YORK TO COME FORWARD AND AFFIRMATIVELY STATE THAT IT'S IMPORTANT
THAT WE HAVE PARITY FOR PHYSICAL AND MENTAL HEALTH IN THE STATE OF NEW
YORK.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
13
NYS ASSEMBLY FEBRUARY 8, 2022
THE CLERK: ASSEMBLY NO. A05264-C, CALENDAR
NO. 166 WAS PREVIOUSLY COMMITTED TO COMMITTEE.
ASSEMBLY NO. A05338, CALENDAR NO. 167,
J.M. GIGLIO. AN ACT TO AMEND CHAPTER 264 OF THE LAWS OF 1981,
RELATING TO AUTHORIZING THE SALE OF CERTAIN LANDS IN THE TOWNS OF CUBA,
ALLEGANY COUNTY, AND ISCHUA, CATTARAUGUS COUNTY, AND THE STATE
FINANCE LAW, IN RELATION TO THE SALE OF CERTAIN LANDS IN THE TOWNS OF
CUBA, ALLEGANY COUNTY, AND ISCHUA, CATTARAUGUS COUNTY, AND THE
DISBURSEMENT OF MONIES FROM THE CUBA LAKE MANAGEMENT FUND.
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 ASSEMBLY PRINT 5338. 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.
THE CLERK: ASSEMBLY NO. A05373-A, CALENDAR
NO. 168, LAWLER. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO
AUTHORIZING THE TOWN OF ORANGETOWN, COUNTY OF ROCKLAND, TO
ESTABLISH COMMUNITY PRESERVATION FUNDS; TO AMEND THE TAX LAW, IN
RELATION TO AUTHORIZING THE TOWN OF ORANGETOWN TO IMPOSE A REAL
ESTATE TRANSFER TAX WITH REVENUES THEREFROM TO BE DEPOSITED IN SAID
14
NYS ASSEMBLY FEBRUARY 8, 2022
COMMUNITY PRESERVATION FUND; AND PROVIDING FOR THE REPEAL OF CERTAIN
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05438-A, CALENDAR
NO. 169, ZEBROWSKI, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO RESPONSIBILITY FOR CABLE BILLS AFTER A DISCONNECTION OR
DOWNGRADE IN SERVICE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ÁACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 5438-A. 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.
THE CLERK: ASSEMBLY NO. A05458, CALENDAR NO.
170, SOLAGES, GRIFFIN, SILLITTI, TAYLOR, EPSTEIN, DICKENS,
GONZÁLEZ-ROJAS, KELLES, ZINERMAN, JACKSON, LAVINE, LUNSFORD. AN ACT
TO AMEND THE GENERAL MUNICIPAL LAW AND THE PUBLIC BUILDINGS LAW,
IN RELATION TO PROHIBITING MUNICIPAL OFFICERS OR EMPLOYEES FROM
DISPLAYING POLITICAL ADVERTISEMENTS ON OR WITHIN PUBLIC BUILDINGS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
15
NYS ASSEMBLY FEBRUARY 8, 2022
THE CLERK: ASSEMBLY NO. A05469, CALENDAR NO.
171, ENGLEBRIGHT, PEOPLES-STOKES, GLICK, GALEF, ABINANTI, SEAWRIGHT,
LUPARDO, ZINERMAN, SAYEGH. AN ACT TO AMEND THE PUBLIC OFFICERS
LAW, IN RELATION TO DEFINING THE TERMS "RETIREE" AND "BENEFICIARY"
WITHIN THE FREEDOM OF INFORMATION LAW.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05473-B, CALENDAR
NO. 172, GLICK. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
STATE APPROPRIATIONS TO THE STATE UNIVERSITY OF NEW YORK AND THE CITY
UNIVERSITY OF NEW YORK.
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 ASSEMBLY PRINT 5473-B. 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.
THE CLERK: ASSEMBLY NO. A05495, CALENDAR NO.
173, GLICK, FAHY, STIRPE, GRIFFIN, COLTON, AUBRY. AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO MANDATORY REPORTING OF CERTAIN
CONVICTIONS, PROFESSIONAL MISCONDUCT AND/OR EMPLOYMENT TERMINATION;
16
NYS ASSEMBLY FEBRUARY 8, 2022
AND TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO NOTICE TO THE
EDUCATION DEPARTMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5495. 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.
THE CLERK: ASSEMBLY NO. A05499, CALENDAR NO.
174, GLICK, SIMON, GOTTFRIED, GRIFFIN, L. ROSENTHAL, EPSTEIN, OTIS,
ROZIC, LUPARDO, CLARK, MAGNARELLI, JACOBSON, DINOWITZ,
GONZÁLEZ-ROJAS, CARROLL, BICHOTTE HERMELYN, MITAYNES, QUART, AUBRY,
CRUZ, SEAWRIGHT. AN ACT AUTHORIZING THE COMMISSIONER OF HEALTH TO
CONDUCT A STUDY AND ISSUE A REPORT EXAMINING THE UNMET HEALTH AND
RESOURCE NEEDS FACING PREGNANT WOMEN IN NEW YORK AND THE IMPACT OF
LIMITED SERVICE PREGNANCY CENTERS ON THE ABILITY OF WOMEN TO OBTAIN
ACCURATE, NON-COERCIVE HEALTH CARE INFORMATION AND TIMELY ACCESS TO A
COMPREHENSIVE RANGE OF REPRODUCTIVE AND SEXUAL HEALTHCARE SERVICES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05517-B, CALENDAR
17
NYS ASSEMBLY FEBRUARY 8, 2022
NO. 175, SOLAGES, GOTTFRIED, HEVESI, JACOBSON, WALLACE, SIMON,
FERNANDEZ, DESTEFANO, NOLAN, BICHOTTE HERMELYN, SEAWRIGHT, SILLITTI,
DINOWITZ, GALEF, ZINERMAN, ENGLEBRIGHT, L. ROSENTHAL, DAVILA, GRIFFIN,
BARRETT, CRUZ. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
PROHIBITING VIRGINITY EXAMINATIONS.
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 ASSEMBLY PRINT 5517 [SIC]. 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.
PAGE 4, RULES REPORT NO. 46, THE CLERK WILL READ.
THE CLERK: SENATE NO. S07845, RULES REPORT NO.
46, SENATOR MYRIE (A08784, WALKER). AN ACT TO AMEND CHAPTER 249
OF THE LAWS OF 2021, AMENDING THE ELECTION LAW RELATING TO ELECTRONIC
APPLICATIONS FOR ABSENTEE BALLOTS, IN RELATION TO THE EFFECTIVENESS
THEREOF; AND TO AMEND A CHAPTER OF THE LAWS OF 2021, AMENDING THE
ELECTION LAW RELATING TO ESTABLISHING AN ELECTRONIC ABSENTEE BALLOT
APPLICATION TRANSMITTAL SYSTEM, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.6482-B AND A.6970-A, IN RELATION TO THE EFFECTIVENESS THEREOF.
18
NYS ASSEMBLY FEBRUARY 8, 2022
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: 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. GOODELL: THANK YOU VERY MUCH, MS.
WALKER. I APPRECIATE IT. I KNOW THAT THIS IS A CHAPTER AMENDMENT. IT
MAKES A FEW CHANGES. BUT I WANTED TO GO OVER TO MAKE SURE WE
UNDERSTAND WHAT STAYS THE SAME AND WHAT CHANGES. AND AS I
UNDERSTAND IT, THIS REALLY FOCUSES ON THE EFFECTIVE DATE OF THE ORIGINAL
LEGISLATION.
MS. WALKER: YES. SO THIS CHANGES THE EFFECTIVE
DATE FROM DECEMBER 31ST, 2021 TO APRIL 1ST OF 2022.
MR. GOODELL: AND SO OUR COLLEAGUES KNOW WHAT
WE'RE TALKING ABOUT, THIS BILL -- THE ORIGINAL BILL-IN-CHIEF RELATED TO
ALLOWING ELECTRONIC ABSENTEE BALLOT APPLICATIONS, CORRECT?
MS. WALKER: CORRECT, SIR.
MR. GOODELL: NOW, LAST YEAR WHEN THIS BILL WAS
DISCUSSED THERE WERE SOME CONCERNS THAT WERE RAISED THAT THERE WERE
NO SAFEGUARDS IN THE BALLOT APPLICATION PROCESS, THE ELECTRONIC BALLOT
APPLICATION PROCESS. IN PARTICULAR, THERE'S NO REQUIREMENT FOR AN
ORIGINAL SIGNATURE, IT COULD BE AN ELECTRONIC SIGNATURE, CORRECT?
MS. WALKER: WELL -- WELL, WHAT I BELIEVE, SIR, AND
19
NYS ASSEMBLY FEBRUARY 8, 2022
YOU SAID THERE ARE NO SAFEGUARDS. NUMBER ONE, THE NUMBER ONE
SAFEGUARD THAT WE HAVE IS THAT ANY INFORMATION THAT'S FALSE ON ANY
APPLICATION IS SUBJECT TO THE RULES AND THE PENALTIES UNDER PERJURY. AND
SECONDLY, WITH RESPECT TO THE APPLICATION, THAT ALL RECORDS WITH RESPECT
TO SIGNATURES ARE IN COMPLIANCE WITH THE NEW YORK STATE ELECTRONIC
SIGNATURE AND RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED
BY THE STATE BOARD OF ELECTIONS. SO TO STATE THAT THERE ARE NO
REGULATIONS, I BELIEVE, SIR, IS INCORRECT.
MR. GOODELL: WELL, SO LET'S JUST LOOK AT THE TYPES
OF SECURITY THAT WE HAVE UNDER THE EXISTING PROCESS. UNDER THE
EXISTING PROCESS, IF YOU APPLY TO BECOME REGISTERED AS A VOTER YOU'RE
ASKED TO PROVIDE A SOCIAL SECURITY NUMBER OR A DRIVER'S ID NUMBER.
BUT WHEN YOU APPLY ELECTRONICALLY FOR AN ABSENTEE BALLOT THERE'S NO
REQUIREMENT THAT YOU IDENTIFY EVEN THE LAST FOUR DIGITS OF YOUR SOCIAL
SECURITY NUMBER OR ANY PART OF YOUR DRIVER'S LICENSE NUMBER, CORRECT?
MS. WALKER: WELL, I BELIEVE, SIR, THAT WHEN YOU
ARE APPLYING TO REGISTER TO VOTE THAT THOSE ARE THE DOCUMENTATION OR
DOCUMENTARY EVIDENCE THAT YOU HAVE TO SUBMIT TO THE BOARD OF
ELECTIONS. BUT WHEN YOU'RE GOING TO VOTE AS IN VOTING, AS YOU WOULD,
UNDER AN ABSENTEE BALLOT SITUATION, YOU GO -- WHEN YOU VOTE YOU GO TO
THE APPROPRIATE DESK, YOU DO WHAT IS NECESSARY AND THEN YOU GET YOUR
BALLOT AND YOU GO INTO THE BOOTH AND YOU VOTE.
MR. GOODELL: AND UNDER THE PRIOR LEGISLATION,
BEFORE THIS ORIGINAL BILL AND THIS AMENDMENT, IN ORDER TO APPLY FOR AN
ABSENTEE BALLOT YOU HAD TO ACTUALLY SIGN THE APPLICATION, CORRECT?
20
NYS ASSEMBLY FEBRUARY 8, 2022
MS. WALKER: WELL, THERE ARE RULES NOW WHERE
UNDER NEW TECHNOLOGICAL ADVANCES THERE ARE MANY DIFFERENT MEANS OF
SUPPLYING A SIGNATURE; SOME BEING ELECTRONIC AND SOME BEING MANUAL.
AND SO THIS BILL, ALONG WITH ITS SISTER BILLS WHICH DOES SIMILAR ADVANCES
IN TECHNOLOGIES IN OUR ELECTION SYSTEMS, WILL REQUIRE OR ALLOW A PERSON
TO SIGN A BILL ELECTRONICALLY IF THEY SO CHOOSE TO UTILIZE ITS ELECTRONIC
SYSTEM.
MR. GOODELL: BUT IT'S CLEAR, THOUGH, UNDER THIS
BILL NO LONGER IS IT MANDATORY THAT YOU HAVE A MANUAL SIGNATURE. AS
YOU MENTIONED, IT COULD BE AN ELECTRONIC SIGNATURE, CORRECT?
MS. WALKER: WELL, IT'S NOT MANDATORY FOR A
MANUAL, BUT YOU HAVE OTHER OPTIONS. AND SO WE ARE PUTTING MORE TOOLS
IN THE TOOLBOX OF THE EDUCATED AND TECHNOLOGICALLY-ADVANCED VOTER.
HOWEVER, IN THE EVENT THAT PEOPLE LIKE MY MOM -- YOU KNOW, SHE STILL
LIKED TO -- TO DO THINGS THE WAY THINGS HAVE BEEN DONE SINCE SHE'S BEEN
KNOWING HOW TO DO THEM, YOU STILL HAVE THAT AS AN OPPORTUNITY AS WELL.
SO WE JUST WANT TO MAKE SURE THAT WE ARE SPEAKING TO VOTERS OF ALL AGES
AS WELL AS ALL EXPERIENCES.
MR. GOODELL: NOW, I KNOW THAT A LOT OF TIMES
WHEN THERE'S, LIKE, AN ONLINE POLL THAT THE SOFTWARE THAT RECORDS THE
VOTES ALSO RECORDS THE IP ADDRESS SO THAT ONE PERSON CAN'T KEEP VOTING
OVER AND OVER AND OVER ON THE ONLINE POLL. IS THERE ANY PROTECTION LIKE
THAT ON THE ELECTRONIC APPLICATION SO THAT ONE PERSON AT ONE COMPUTER
COULDN'T APPLY FOR DOZENS OF ABSENTEE BALLOTS?
MS. WALKER: WELL, SIR, I DON'T BELIEVE THAT THE
21
NYS ASSEMBLY FEBRUARY 8, 2022
CONVERSATION IS ABOUT HOW MANY APPLICATIONS ARE BEING REQUESTED BY A
PARTICULAR COMPUTER. WHAT WE ARE TALKING ABOUT HERE IS THAT A VOTER
WHO CHOOSES TO VOTE BECAUSE OF -- BY ABSENTEE BALLOT BECAUSE OF THE
CONDITION OF THE PANDEMIC THAT WE ARE IN AT THE MOMENT, IF THEY CHOOSE
TO REQUEST AN ABSENTEE BALLOT IT'S ABOUT THE INDIVIDUAL VOTER AND NOT
ABOUT THE IP ADDRESS OF THE COMPUTER THAT'S BEING UTILIZED TO MAKE THAT
REQUEST.
MR. GOODELL: AS YOU KNOW, THERE ARE EVERY YEAR
REPORTS OF ABSENTEE BALLOT FRAUD. THERE WERE A COUPLE -- IN FACT, JUST
LAST YEAR IN THE CITY ELECTION THERE WAS A VERY CLOSE RACE IN THE
COUNCIL, AND THERE WERE 11 ABSENTEE BALLOTS THAT WERE SUBMITTED BY
PEOPLE WHO WERE DEAD, WHICH IS ALWAYS AN INTERESTING CHALLENGE TO
QUESTION THEM ABOUT IT. ALSO, RIGHT NEXT DOOR IN RENSSELAER COUNTY,
ABSENTEE BALLOTS WERE DISCOVERED THAT WERE SUBMITTED BY PEOPLE WHO
NEVER APPLIED FOR THEM AND WERE SURPRISED, PERHAPS, WHEN THEY
SHOWED UP AT THE BALLOT -- ON ELECTION DAY TO FIND OUT THAT SOMEBODY
SUBMITTED A BALLOT FOR THEM. PERHAPS MOST EGREGIOUS, THOUGH, WAS
BACK IN 2015 INVOLVING A MEMBER OF OUR OWN HOUSE HERE, WAS IN A
PRIMARY CHALLENGE AND THERE WERE 242 FRAUDULENT ABSENTEE BALLOTS
SUBMITTED IN THAT PRIMARY. AND WHAT WAS FASCINATING TO ME WAS THAT
EVEN THOUGH ONE OF THE CANDIDATES WAS ARRESTED FOR 242 COUNTS OF
BALLOT FRAUD, ABSENTEE BALLOT FRAUD, HE LOST THE PRIMARY BY JUST TWO
VOTES. IMAGINE IF HE HAD ONLY PUT IN 247 OR 248, HE MIGHT HAVE WON.
BUT IS THERE ANYTHING IN THIS BILL THAT TRIES TO ADDRESS THE MEANS THAT
WERE USED IN ALL OF THOSE FRAUDULENT ABSENTEE BALLOTS? IS THERE
22
NYS ASSEMBLY FEBRUARY 8, 2022
ANYTHING IN THIS BILL THAT TRIES TO CORRECT THAT PROBLEM?
MS. WALKER: WELL, I AM UNAWARE OF ALL OF THE
ACCOUNTS THAT YOU JUST RECENTLY SPOKE OF. HOWEVER, AGAIN, AS I STATED,
ANYTHING -- ANY INFORMATION WHICH IS UNTRUE THAT IS SUBMITTED IS
SUBJECT TO THE PENALTIES OF PERJURY, SIR. IN ADDITION TO THAT, THERE ARE
VERY MANY SAFEGUARDS THAT WE BELIEVE ARE IN MANY SYSTEMS SUCH AS THE
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, AND ANY APPLICATION
OR ANY SIGNATURE WILL BE OBTAINED THROUGH THE USAGE OF THE NEW YORK
STATE ELECTRONIC SIGNATURE AND RECORDS ACT. IN ADDITION TO THAT, SIR, IF
THERE IS AN OPPORTUNITY WHERE A SIGNATURE WAS NOT INCLUDED IN THE
ORIGINAL APPLICATION, THE DATABASE, STATEWIDE DATABASES WHICH -- WHICH
COLLECTS THIS INFORMATION WILL BE UTILIZED FOR THAT EXEMPLAR. IF WE ARE
UNABLE TO FIND IT UNDER THOSE CIRCUMSTANCES, THEN THE VOTER WILL BE
CONTACTED DIRECTLY TO BE ABLE TO PROVIDE A SIGNATURE, WHETHER MANUALLY
OR ELECTRONICALLY. SO IN ADDITION TO THE TWO (INAUDIBLE) PROCEDURAL
SAFEGUARDS THAT ARE EMBEDDED IN THIS PARTICULAR PIECE OF LEGISLATION, IT
ALLOWS FOR THE BOARD OF ELECTIONS TO MAKE THREE ATTEMPTS IN ORDER TO
OBTAIN THAT APPLICATION -- OBTAIN THE SIGNATURE FOR THE APPLICATION.
MR. GOODELL: YOU'VE MENTIONED SEVERAL TIMES
THAT, YOU KNOW, FALSE APPLICATIONS SUBMITTED ARE SUBJECT TO PERJURY.
AND I'VE -- I'VE CITED A NUMBER OF DIFFERENT CASES. JUST LAST YEAR IN THE
NEW YORK CITY CITY COUNCIL RACE BETWEEN FOX AND BRANNAN. IN
RENSSELAER COUNTY WHERE SEVERAL PEOPLE PLED GUILTY, AND THE ONE
GOING BACK INVOLVING ONE OF OUR OWN COLLEAGUES. DO YOU KNOW IF
ANYONE IN ANY ONE OF THOSE CASES WAS ARRESTED FOR PERJURY?
23
NYS ASSEMBLY FEBRUARY 8, 2022
MS. WALKER: WELL, YOU WOULD HAVE TO ASK THE
RESPECTIVE DISTRICT ATTORNEYS AND -- AND POLICE DEPARTMENTS FOR THOSE
PARTICULAR AREAS. THAT IS JUST NOT SOMETHING WITHIN MY PURVIEW.
MR. GOODELL: WELL, I -- I DID SOME, YOU KNOW,
ONLINE RESEARCH - AND GRANTED, THAT'S NOT EXHAUSTIVE - BUT I DIDN'T COME
ACROSS A SINGLE CASE WHERE A PERSON WAS ARRESTED IN NEW YORK STATE
FOR SUBMITTING A PERJURIOUS ABSENTEE BALLOT APPLICATION. ARE YOU AWARE
OF A SINGLE CASE?
MS. WALKER: WELL, I WILL CHECK MY ONLINE
DATABASE OF THE ENCYCLOPEDIA ACCORDING TO TWITTER, INSTAGRAM OR
FACEBOOK, SIR, AND I'LL GET BACK TO YOU ON THAT.
MR. GOODELL: AND I WOULD HAVE TO SAY, I'M NOT
ON ANY OF THOSE.
(LAUGHTER)
MS. WALKER: WELL, WHERE ARE YOU SENDING ME TO?
MR. GOODELL: OKAY. AND THE ELECTRONIC
SIGNATURE, THE ELECTRONIC SIGNATURE DOESN'T ACTUALLY LOOK LIKE YOUR
MANUAL SIGNATURE IN ANY WAY, CORRECT?
MS. WALKER: THE ELECTRONIC SIGNATURE -- WELL,
THERE ARE VERY MANY WAYS THAT YOU CAN USE AN ELECTRONIC SIGNATURE.
THERE ARE SOME ELECTRONIC SIGNATURES THAT ARE NOT YOUR ACTUAL SIGNATURE,
BUT, YOU KNOW, YOU CAN STILL, FOR INSTANCE, I BELIEVE LIKE THEY DO IF
YOU'RE FILING YOUR TAXES OR OTHER MEANS. AND THERE ARE OTHER ELECTRONIC
SIGNATURES LIKE AROUND HERE WHEN YOU'RE SENDING LETTERS YOU CAN
PROVIDE AN EXEMPLAR WHICH LOOKS EXACTLY LIKE YOUR ELECTRONIC
24
NYS ASSEMBLY FEBRUARY 8, 2022
SIGNATURE. AND SO THERE ARE VERY MANY DIFFERENT WAYS BY WHICH YOU
CAN PROVIDE AN ELECTRONIC SIGNATURE.
MR. GOODELL: WELL, ONE OF THE FEW WAYS THE
BOARD OF ELECTIONS VERIFIES VOTERS IS THEY COMPARE A PRIOR MANUAL
SIGNATURE WITH YOUR SIGNATURE WHEN YOU COME IN TO SIGN OR ON THE
BALLOT APPLICATION. DOES THIS BILL REQUIRE THAT THE ELECTRONIC SIGNATURE
REPLICATE THE MANUAL SIGNATURE?
MS. WALKER: WELL, I DON'T BELIEVE THE BILL WILL
DESCRIBE -- YOU KNOW, YOU MUST SIGN YOUR SIGNATURE, YOU KNOW, THE
WAY THAT WE SAY YOU SIGN YOUR SIGNATURE. WHATEVER YOUR SIGNATURE IS
AND YOU SIGN IT AND YOU SAY THAT THIS IS YOUR SIGNATURE AND THAT'S THE
WAY YOU REPRESENT YOUR SIGNATURE, THEN WHO ARE WE TO TELL YOU HOW
YOU SHOULD SIGN IT? AND QUITE FRANKLY, YOUR SIGNATURE CHANGES. YOU
KNOW, I -- I REMEMBER MY MOM'S SIGNATURE WHEN I WAS, YOU KNOW, A
LITTLE GIRL. IT LOOKED VERY DIFFERENTLY THAN THE SIGNATURE THAT SHE SIGNS
TODAY. AND SO SHOULD THE BOARD OF ELECTIONS SAY TO HER, NO, COME
BACK AND SIGN THIS FORM LIKE YOU DID WHEN YOU WERE 35 YEARS OLD? NO.
MR. GOODELL: AND THAT'S WHY THEY COMPARE IT TO
THE MOST RECENT MANUAL SIGNATURE, CORRECT?
MS. WALKER: THAT'S WHY THEY WOULD COMPARE IT TO
THAT.
MR. GOODELL: AGAIN, THANK YOU VERY MUCH, MS.
WALKER.
ON THE BILL, SIR.
MS. WALKER: THANK YOU.
25
NYS ASSEMBLY FEBRUARY 8, 2022
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I APPRECIATE THE COMMENTS FROM
MY COLLEAGUE, AND -- AND I IN GENERAL SUPPORT THE IDEA OF MAKING IT
EASIER FOR PEOPLE TO VOTE, CERTAINLY INCLUDING BY ABSENTEE BALLOT. BUT AT
THE SAME TIME WE NEED TO BALANCE OUR DESIRE TO HAVE PEOPLE BEING ABLE
TO VOTE FOR ABSENTEE BALLOT IF THEY'RE UNABLE TO ATTEND BECAUSE OF
SICKNESS OR BECAUSE OF ABSENCE WITH THE NEED TO ENSURE THAT THE
PROCESS MEETS MINIMUM LEVELS OF INTEGRITY. AND WE'RE ALWAYS
REMINDED OF THAT PHRASE, TRUST, BUT VERIFY, WHICH SHOULD APPLY
CERTAINLY IN ONE OF THE MOST IMPORTANT DEMOCRATIC PROCESSES, WHICH IS
VOTING. AND UNLIKE MANY OTHER STATES, NEW YORK DOES VIRTUALLY
NOTHING TO VERIFY THAT THE INDIVIDUAL WHO SHOWS UP TO VOTE IS ACTUALLY
THE INDIVIDUAL WHO IS REGISTERED TO VOTE. AND THERE ARE MULTIPLE STORIES
IN NEW YORK STATE OF FAIRLY WIDESPREAD ABSENTEE BALLOT FRAUD. AND
WHEN YOU READ MOST STORIES ABOUT THE MOST RECENT CONTROVERSIES, IF YOU
WILL, ABOUT THE LAST ELECTION, ALMOST ALL OF THEM SAY THE SAY THING.
THERE WASN'T ENOUGH FRAUD TO CHANGE THE OUTCOME. AND I WOULD
SUGGEST THAT'S NOT REALLY THE RIGHT STANDARD. I THINK THE REAL STANDARD
OUGHT TO BE THAT WE'RE DOING EVERYTHING THAT'S REASONABLE TO PREVENT
BALLOT FRAUD.
NOW, ALMOST EVERYONE IN THIS ROOM AND PROBABLY
THOSE OUT IN NEW YORK STATE HAVE AT ONE TIME USED ELECTRONIC MEANS
TO PURCHASE SOMETHING OR TO CHECK A BANK ACCOUNT OR WHATEVER. BUT IN
ALMOST EVERY SINGLE PRIVATE TRANSACTION THEY ASK FOR SOME TYPE OF
26
NYS ASSEMBLY FEBRUARY 8, 2022
VERIFICATION, WHETHER IT'S YOUR CREDIT CARD NUMBER OR WHETHER IT'S YOUR
SOCIAL SECURITY NUMBER OR WHETHER IT'S A PASSWORD THAT YOU SELECTED
THAT'S PERSONAL TO YOU. BUT WHEN YOU WANT TO PARTICIPATE IN -- IN THE
PROCESS OF SELECTING THE VERY PEOPLE WHO RUN YOUR GOVERNMENT, IN NEW
YORK STATE WE DON'T ASK FOR ANY OF THAT. WE DON'T ASK FOR THE LAST FOUR
NUMBERS OF YOUR SOCIAL SECURITY NUMBER. WE DON'T ASK FOR YOU TO SET
UP A PASSWORD THAT CAN VERIFY YOUR EXISTENCE. WE DON'T SEND OUT AN
ACCESS CODE SO THAT YOU CAN VERIFY THAT IT'S ACTUALLY YOU. WE DON'T ASK
YOU TO DISCLOSE ANY PART OF YOUR DRIVER'S LICENSE NUMBER. WE DON'T ASK
ANYTHING. AND SO WHEN IT COMES TIME TO VERIFY THAT THE ABSENTEE BALLOT
APPLICATION WAS ACTUALLY FROM SOMEONE WHO IS ENTITLED TO ONE, ABOUT
THE ONLY MECHANISM WE'VE USED IN THE PAST IS WE COMPARE THE MANUAL
SIGNATURES. A MANUAL SIGNATURE, BY THE WAY, THAT THE ORIGINAL BILL
ELIMINATED. AND AS MY COLLEAGUE POINTED OUT, THE ELECTRONIC SIGNATURE
THAT IS AUTHORIZED UNDER THIS BILL HAS NO REQUIREMENT THAT IT LOOKS AT ALL
LIKE YOUR MANUAL SIGNATURE. SO WE TAKE THE INADEQUATE ONE MEASURE
THAT WE USE, YOUR SIGNATURE, AND WITH THIS BILL WE ELIMINATE THAT
REQUIREMENT TO THE APPLICATION. NOW IF WE DIDN'T HAVE MULTIPLE
EXAMPLES OF ABSENTEE BALLOT FRAUD WHERE PEOPLE ARE SUBMITTING
APPLICATIONS ON BEHALF OF THEIR DEAD MOTHER OR MULTIPLE DEAD PEOPLE OR
WHAT IS OFTEN THE CASE, THEY MAY SUBMIT IT FOR PEOPLE THAT THEY ARE
PRETTY SURE ARE NEVER GOING TO VOTE OTHERWISE, OR WHETHER THEY GO TO A
NURSING HOME AND THEY SAY, OH, DEAR, LET ME JUST HELP YOU OUT. I'LL
MAKE SURE THAT YOUR BALLOT IS COMPLETED THE WAY YOU WANT. JUST SIGN
HERE. AND WE SEND OUT ABSENTEE BALLOTS THAT HAVE NO BUILT-IN SECURITY
27
NYS ASSEMBLY FEBRUARY 8, 2022
OF ANY KIND. THERE'S NO WATERMARK. THERE'S NO -- NO SECURITY OF ANY
KIND. SO IF YOU WANT TO ENGAGE IN BALLOT FRAUD, IT'S SIMPLE. YOU JUST
TAKE ONE OF THOSE BALLOTS AND YOU CAN RUN IT OFF, MIMEOGRAPH IT. AND
OF COURSE AS YOU KNOW WHEN THEY COME BACK THE BALLOT ITSELF IS NOT
SIGNED.
SO I'M JUST SUGGESTING THAT WE OUGHT TO HAVE A DUAL
GOAL WITH THIS LEGISLATURE. AND THE DUAL GOAL OUGHT TO BE TO MAXIMIZE
THE NUMBER OF PEOPLE WHO ARE PARTICIPATING IN AN ELECTION WHILE
MINIMIZING THE AMOUNT OF FRAUD THAT HAS BEEN WELL-DOCUMENTED IN
MULTIPLE STORIES INCLUDING SITUATIONS INVOLVING OUR OWN MEMBERS. SO
LET'S NOT PRETEND THAT THE SYSTEM IS PERFECT. LET'S STRIVE TO MAKE IT
BETTER. AND UNFORTUNATELY, THIS BILL WHICH ELIMINATES THE NEED FOR A
MANUAL SIGNATURE, ACCEPTS AN ELECTRONIC SIGNATURE THAT IS IMPOSSIBLE TO
VERIFY, GOES, IN MY OPINION, IN THE WRONG DIRECTION AS IT RELATES TO
ELECTION INTEGRITY.
SO WHILE I CERTAINLY APPRECIATE AND AGREE WITH MY
COLLEAGUE'S DESIRE TO MAKE IT EASIER FOR PEOPLE TO REGISTER TO VOTE, LET'S
COUPLE THAT WITH VERY SIMPLE COMMONSENSE VERIFICATION PROCESSES THAT
EACH ONE OF US USE AND UNDERSTAND EVERY DAY IN EVERY DAY LIFE. IT'S NOT
MUCH TO ASK FOR. UNFORTUNATELY, IT'S MISSING IN THIS BILL AND, THEREFORE,
I WILL BE RECOMMENDING AGAINST IT.
THANK YOU, MR. SPEAKER, AND AGAIN, THANK YOU TO MY
COLLEAGUE FOR HER INSIGHTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
28
NYS ASSEMBLY FEBRUARY 8, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7845. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION,
BUT THOSE WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE
AND WE WILL RECORD THEIR VOTE ACCORDINGLY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MAJORITY COLLEAGUES WILL GENERALLY BE IN FAVOR OF THIS PIECE
OF LEGISLATION. HOWEVER, THERE MAY BE A FEW THAT WILL DESIRE TO VOTE IN
THE NEGATIVE. IF SO, PLEASE FEEL FREE TO CONTACT THE MAJORITY LEADER'S
OFFICE AND YOUR VOTE WILL BE PROPERLY RECORDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I -- I LISTENED INTENTLY
TO A DEBATE ON THIS ONE AND I'VE HEARD SIMILAR DEBATES WHEN IT COMES
UP TO ELECTION LAW PIECES OF LEGISLATION. AND IT -- IT OCCURRED TO ME
29
NYS ASSEMBLY FEBRUARY 8, 2022
THAT IN -- IN AMERICA SOME OF US MAY VIEW THIS VOTING OPPORTUNITY IN A
DIFFERENT WAY THAN OTHERS. AND THERE'S AN ASSUMPTION THAT THERE'S
ALWAYS GOING TO BE FRAUD. AND I -- I REALIZE THAT, YOU KNOW, THERE ARE
SOME PEOPLE WHO WILL COMMIT FRAUD WHEN IT'S AVAILABLE TO THEM, BUT
BY AND LARGE, PEOPLE DO NOT. PEOPLE JUST REALLY WANT TO HAVE THE RIGHT
TO VOTE. AND SO I WANT TO COMMEND THE SPONSOR OF THIS LEGISLATION FOR
GIVING PEOPLE WHO ARE IN SOME CASES STILL YET AFRAID TO LEAVE THEIR
HOMES AND JOIN OTHER PEOPLE IN PUBLIC PLACES AN OPPORTUNITY TO
CONTINUE TO PARTICIPATE IN THE DEMOCRATIC PROCESS.
FOR THAT, MR. SPEAKER, I'M PLEASED TO BE VOTING IN
FAVOR OF THIS LEGISLATION.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE A FEW FINE
RESOLUTIONS. WE WILL TAKE THEM UP WITH ONE VOTE, MRS.
PEOPLES-STOKES.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 544 AND 545
WERE UNANIMOUSLY ADOPTED.)
30
NYS ASSEMBLY FEBRUARY 8, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. COULD YOU
PLEASE CALL ON MS. HUNTER FOR THE PURPOSE OF AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MS. HUNTER FOR THE
PURPOSE OF AN ANNOUNCEMENT.
MS. HUNTER: YES, MR. SPEAKER. THERE WILL BE A
NEED FOR AN IMMEDIATE MAJORITY CONFERENCE AT THE CONCLUSION OF OUR
SESSION.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT 10:00 A.M.,
WEDNESDAY, FEBRUARY THE 9TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 4:39 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, FEBRUARY 9TH AT 10:00 A.M., THAT BEING A SESSION
DAY.)
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