WEDNESDAY, FEBRUARY 9, 2022 10:48 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN MEMBERS IN THE PLEDGE OF

ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, FEBRUARY 8TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY FEBRUARY 9, 2022

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

THE 8TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER.

(ADDRESSING MEMBERS IN THE AISLE) I'M SORRY,

GENTLEMEN, EXCUSE ME ONE SECOND. THANK YOU.

THANK YOU, MR. SPEAKER. I WOULD LIKE TO SHARE WITH

COLLEAGUES THE QUOTE FOR TODAY. IT COMES FROM BOOKER T. WASHINGTON

AND IT SAYS, ALL THINGS THAT ARE PURELY SOCIAL WE CAN BE AS SEPARATE AS

FINGERS, YET AS ONE HAND IN ALL THINGS THAT ARE ESSENTIAL TO MUTUAL

PROGRESS.

SO WITH THAT, MR. SPEAKER, IF YOU WANT TO MAKE SURE

COLLEAGUES KNOW THAT YOU HAVE ON YOUR DESK A MAIN CALENDAR, AND

AFTER HOUSEKEEPING HAS BEEN COMPLETED WE WILL TAKE UP RESOLUTIONS ON

PAGE 3, THE FIRST ONE BEGINNING -- BEING A RESOLUTION BY SPEAKER

HEASTIE REGARDING BLACK HISTORY MONTH. AND AFTER RESOLUTIONS WE WILL

CONSENT -- GO TO OUR CONSENT CALENDAR, CALENDAR NO. 132. IT'S ON PAGE

22. IMMEDIATELY FOLLOWING THAT WE'RE GOING TO CONTINUE WITH CONSENT

WHERE WE LEFT OFF ON YESTERDAY, BEGINNING WITH CALENDAR NO. 176 ON

PAGE 27 AND GOING STRAIGHT THROUGH TO CALENDAR NO. 200. THEN WE

WILL PROCEED TO OUR DEBATE LIST AS WELL, MR. SPEAKER. WE'RE GOING TO

BEGIN WITH RULES REPORT NO. 49. THAT'S ON PAGE 4 AND THAT IS WITH

NYS ASSEMBLY FEBRUARY 9, 2022

MEMBER CARROLL, AND WE HAVE A FEW OTHER COLLEAGUES THAT WILL DEBATE

AS WELL TODAY.

THAT IS A BASIC OUTLINE, MR. SPEAKER. IF YOU HAVE

HOUSEKEEPING, NOW WOULD BE A GOOD TIME.

ACTING SPEAKER AUBRY: CERTAINLY. WE DO

HAVE HOUSEKEEPING, MRS. PEOPLES-STOKES.

ON A MOTION BY MR. DINOWITZ, PAGE 15, CALENDAR NO.

73, BILL NO. A.1423-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. DINOWITZ, PAGE 15, CALENDAR NO.

77, BILL NO. A.1464, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. DINOWITZ, PAGE 17, CALENDAR NO.

95, BILL NO. A.2189, AMENDMENTS ARE RECEIVED AND ADOPTED.

AND ON A MOTION BY MR. DINOWITZ, PAGE 19, CALENDAR

NO. 104, BILL NO. A.2375-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE WILL GO TO RESOLUTIONS ON PAGE 3. ASSEMBLY NO.

546, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 546, MR. HEASTIE.

LEGISLATIVE RESOLUTION MEMORIALIZING KATHY --

GOVERNOR KATHY HOCHUL TO PROCLAIM FEBRUARY 2022 AS BLACK HISTORY

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR ALLOWING THE OPPORTUNITY TO SHARE A FEW WORDS ON THIS

RESO. I CERTAINLY WOULD LIKE TO HONOR SPEAKER HEASTIE FOR SUBMITTING IT

AND, YOU KNOW, ACKNOWLEDGING TO PEOPLE NOT JUST ACROSS THE STATE OF

NYS ASSEMBLY FEBRUARY 9, 2022

NEW YORK BUT ACROSS AMERICA THAT, YOU KNOW, THIS WAS ORIGINALLY

STARTED AS NEGRO HISTORY WEEK. THAT WAS ONE WEEK, AND IT WAS

FOUNDED BY DR. CARTER G. WOODSON, AND EVENTUALLY IT CAME TO THE

POINT WE NOW ARE ACTUALLY CELEBRATING AN ENTIRE MONTH. AND IN ALL

HONESTY, MR. SPEAKER, AS A PERSON BORN AND RAISED IN THE STATE OF NEW

YORK FROM DESCENDENTS OF AFRICA, THEY CAME AS SLAVES, I DO HOPE WE

GET TO THE POINT WHERE WE CELEBRATE THIS HISTORY ON A REGULAR BASIS. ON

AN EVERYDAY BASIS AS OPPOSED TO JUST ONCE A MONTH. I WANT TO ALSO

ACKNOWLEDGE, MR. SPEAKER, THAT THE MORE FOLKS KNOW ABOUT THE HISTORY

OF AFRICAN-AMERICANS WHO ARE REALLY THE -- A HUGE PIECE OF WHAT MADE

THIS COUNTRY WORK AND WHAT MADE THIS DEMOCRACY MOVE FORWARD, EVEN

THOUGH WE HAD TO FIGHT EVERY STEP OF THE WAY IT IS STILL PROGRESS. AND I

THINK THE MORE PEOPLE WHO KNOW ABOUT THAT VALUE OF THAT HISTORY, THE

LESS OBSTACLES THERE WILL BE BETWEEN RACIST -- THE -- THE WHOLE IDEA OF

RACISM WILL GO AWAY WHEN PEOPLE UNDERSTAND ME BETTER IN THE SAME

WAY THAT I UNDERSTAND THEM AND THEIR ISSUE. AND SO I HOPE THAT, YOU

KNOW, THIS RESOLUTION AND THESE SORT OF CONVERSATIONS ARE PERMEATED

THROUGHOUT OUR SOCIETY AND PEOPLE DON'T REJECT OPPORTUNITIES FOR HISTORY

TO BE TAUGHT, NO MATTER WHOSE HISTORY IT IS.

SO, WITH THAT, MR. SPEAKER, THANK YOU FOR THE

OPPORTUNITY TO SPEAK ON WHAT I THINK IS A CRITICALLY IMPORTANT

RESOLUTION BEFORE US TODAY.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

MR. GIBBS ON THE RESOLUTION.

NYS ASSEMBLY FEBRUARY 9, 2022

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

OPPORTUNITY TO SHARE WITH ALL REGARDING OUR BLACK HISTORY MONTH. I

WOULD LIKE TO ACKNOWLEDGE SOME OF THE INDIVIDUALS, STARTING WITH SOME

OF THE AFRICAN-AMERICAN PIONEERS WHO MANY ACCOMPLISHMENTS --

(TURNING MICROPHONE ON.) THANK YOU -- SOME AFRICAN-AMERICAN

PIONEERS WHO MANY ACCOMPLISHMENTS, ALL WHICH TOOK PLACE DURING THE

MONTH OF FEBRUARY WENT UNNOTICED, AS WELL AS NUMEROUS SYMBOLIC

EVENTS IN FEBRUARY THAT DESERVE TO BE MEMORIALIZED, INCLUDING JOHN

SWETT ROCK, A NOTED BOSTON LAWYER WHO BECAME THE FIRST

AFRICAN-AMERICAN ADMITTED TO ARGUE BEFORE THE U.S. SUPREME COURT

ON FEBRUARY 1ST, 1865, AND THE FIRST AFRICAN-AMERICAN TO BE RECEIVED

ON THE FLOOR OF THE U.S. HOUSE OF REPRESENTATIVES. JONATHAN JASPER

WRIGHT, THE FIRST AFRICAN-AMERICAN TO HOLD A -- EXCUSE ME, THE FIRST

AFRICAN-AMERICAN TO HOLD A MAJOR JUDICIAL POSITION WHO WAS ELECTED TO

THE SOUTH CAROLINA SUPREME COURT ON FEBRUARY 1, 1870. I ALSO WANT

TO ACKNOWLEDGE AUTHERINE J. LUCY. SHE BECAME THE FIRST AFRICAN-

AMERICAN STUDENT TO ATTEND THE UNIVERSITY OF ALABAMA ON FEBRUARY 3,

1956. SHE WAS EXPELLED THREE DAYS LATER FOR HER OWN SAFETY IN

RESPONSE TO THE THREATS OF THE MOB. IN 1992 AUTHERINE LUCY FOSTER

GRADUATED FROM THE UNIVERSITY WITH A MASTER DEGREE IN EDUCATION, THE

SAME DAY HER DAUGHTER GRAZIA FOSTER GRADUATED WITH A BACHELOR

DEGREE IN CORPORATE FINANCE. I WOULD ALSO WOULD LIKE TO

ACKNOWLEDGE THE NEGRO BASEBALL LEAGUE, WHICH WAS FOUNDED ON

FEBRUARY 3, 1920. JACK JOHNSON, THE FIRST AFRICAN-AMERICAN WORLD

HEAVYWEIGHT BOXING CHAMPION, WON HIS FIRST TITLE ON FEBRUARY 3,

NYS ASSEMBLY FEBRUARY 9, 2022

1903. AND REGINALD F. LEWIS WAS BORN ON DECEMBER 7, 1942. THIS

ALL SYMBOLIZES WHY WE CELEBRATE BLACK HISTORY MONTH IN THE MONTH OF

FEBRUARY, AND ALL THE CONTRIBUTIONS THAT WE HAVE CONTRIBUTED TO THIS

COUNTRY.

I THANK YOU FOR YOUR TIME, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GIBBS.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED NAY. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY NO. 547, MRS. GUNTHER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM FRIDAY, FEBRUARY 4, 2022 AS WEAR RED FOR

WOMEN DAY IN 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. 548, MR. EPSTEIN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM FEBRUARY 10, 2022 AS STUDENTS WITH

DISABILITIES ADVOCACY DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. EPSTEIN ON THE

RESOLUTION.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. THE

PROMISE OF OUR STATE IS ONE OF EQUITY AND EQUALITY FOR ALL. AS NEW

YORKERS WE GREATLY VALUE THE DIVERSITY AND BEING ABLE TO EXTEND THOSE

NYS ASSEMBLY FEBRUARY 9, 2022

OPPORTUNITIES TO THOSE WHO ARE HISTORICALLY LEFT BEHIND. WE HAVE SOME

INCREDIBLE SCHOOLS IN OUR STATE. THE STUDENTS COME FROM ALL OVER THE

COUNTRY AND THE WORLD TO PURSUE EDUCATION IN NEW YORK. EDUCATION IS

THE GREAT EQUALIZER, CREATING OPPORTUNITY FOR ECONOMIC AND SOCIAL

JUSTICE. STUDENTS WITH DISABILITIES TAKE A PATH TO HIGHER EDUCATION THAT

CAN BE EXTREMELY DIFFICULT. THEY HAVE A RESPONSIBILITY TO MOVE

BARRIERS -- WE HAVE THE RESPONSIBILITY TO MOVE BARRIERS FOR THOSE

STUDENTS THAT THEY FACE, TO EMPOWER THEM TO SUCCEED IN COLLEGE AND

BEYOND. STUDENTS WITH DISABILITIES ARE LESS LIKELY TO COMPLETE THEIR

BACHELORS DEGREE, TO FINISH THEIR HIGHER EDUCATION, TO GET A JOB WHEN

THEY COMPLETE THEIR -- THEIR DEGREE. (INAUDIBLE) IN 2018, JUST 35

PERCENT OF PEOPLE WITH DISABILITIES WERE EMPLOYED, WHERE NATIONALLY

OVER 70 PERCENT OF THE GENERAL POPULATION ARE. STUDENTS WITH

DISABILITIES NEED OUR HELP, AND FORTUNATELY, WE IN NEW YORK HAVE THE

OPPORTUNITY TO ASSIST THEM. THE SUPPORT THAT WE CAN GIVE CAN BE

TRANSFORMATIVE, AND WE'RE LUCKY TO HAVE OVER 75 OF OUR COLLEAGUES

SIGNING ON TO THIS RESOLUTION ACKNOWLEDGING STUDENTS WITH DISABILITIES

ADVOCACY DAY AND ENCOURAGING US TO STAND WITH THOSE STUDENTS ACROSS

OUR STATE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

EPSTEIN.

MS. SIMON ON THE RESOLUTION.

MS. SIMON: THANK YOU, MR. SPEAKER. I RISE TO JOIN

MY COLLEAGUE IN SUPPORT OF THIS RESOLUTION FOR STUDENTS WITH

NYS ASSEMBLY FEBRUARY 9, 2022

DISABILITIES DAY. AS HE HAS POINTED OUT, THE AMOUNT OF UNEMPLOYMENT

AND UNDEREMPLOYMENT AMONG OUR GRADUATES WITH DISABILITIES IS

ASTRONOMICAL. THIS IS A HUGE DIVERSITY ISSUE, BUT IT'S REALLY ABOUT

OPPORTUNITY. IT IS ABOUT OPPORTUNITIES TO -- TO HELP STUDENTS ACHIEVE

THROUGH HIGHER EDUCATION, TO FIND WORK FOR THEM AND TO PROVIDE THE

ACCOMMODATIONS THEY NEED BOTH IN INSTITUTIONS OF HIGHER EDUCATION AS

WELL AS IN EMPLOYMENT AND TRANSPORTATION. SO EVERYTHING WE DO HERE

TALKING ABOUT DIVERSITY AND ABOUT ACCESS IMPROVES ACCESS FOR STUDENTS

WITH DISABILITIES AND GIVES THEM A LIFE OF INDEPENDENCE AND

ACHIEVEMENT AND ACCOMPLISHMENT, AND THAT'S WHAT WE ARE FIGHTING FOR

TODAY.

SO THANK YOU VERY MUCH AND I'LL BE...

ACTING SPEAKER AUBRY: THANK YOU, MS.

SIMON.

MS. WALSH ON THE RESOLUTION.

MS. WALSH: THANK YOU, MR. SPEAKER. I JUST WANT

TO THANK THE -- THE SPONSOR OF THIS RESOLUTION FOR BRINGING IT FORWARD.

AND I WANT TO JUST REALLY THANK ALL OF THE TEACHERS AND SUPPORT STAFF AND

PARENTS OF CHILDREN WITH SPECIAL NEEDS WHO FIGHT EVERY SINGLE DAY TO TRY

TO GET THE BEST LIFE FOR THEIR KIDS, THE BEST EDUCATION FOR THEIR KIDS. IT'S

-- WHEN YOU HAVE A CHILD WITH SPECIAL NEEDS, YOU -- YOU'RE TAKING A

DIFFERENT PATH AND YOU'RE ON A DIFFERENT -- YOU'RE ON A DIFFERENT PATH

AND A DIFFERENT JOURNEY. AND THE PEOPLE THAT YOU MEET ALONG THE WAY

WHO HELP YOU ARE WORTH THEIR WEIGHT IN GOLD.

SO I WANT TO THANK -- THANK THE SPONSOR, AND I -- I

NYS ASSEMBLY FEBRUARY 9, 2022

THINK THE FACT THAT WE DID HAVE SO MANY MEMBERS SIGN ON TO THIS

RESOLUTION IS A STATEMENT FROM THIS BODY THAT WE ARE ALL GOING TO BE

ADVOCATES FOR STUDENTS WITH DISABILITIES.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MS. GRIFFIN.

MS. GRIFFIN: THANK YOU FOR PERMITTING ME TO

SPEAK ON THIS IMPORTANT RESOLUTION. I COMMEND THE -- THE SPONSOR OF

THIS RESOLUTION. NEW YORK STATE STUDENTS EXPERIENCE THE WORLD AROUND

THEM IN MANY DIFFERENT WAYS. IT IS OUR JOB IN GOVERNMENT TO KEEP THAT

IN MIND ALL YEAR, BUT ESPECIALLY AS WE PRODUCE A BUDGET. WE MUST

CONTINUE TO WORK TO MAKE SURE THAT EVERY STUDENT IS MET WITH ACCESS

AND OPPORTUNITY WHEN THEY COME TO THE CLASSROOM, NOT BARRIERS TO

REASONABLE ACCOMMODATIONS. THAT IS THE ONLY WAY WE CAN ALLOW ALL OF

NEW YORK STATE'S STUDENTS AND THEIR FAMILIES TO ENGAGE AS ACTIVE

MEMBERS IN THE LEARNING EXPERIENCE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

GRIFFIN.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NAY. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY NO. 549, MR. DURSO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM FEBRUARY 11, 2022 AS P.S. I LOVE YOU DAY

NYS ASSEMBLY FEBRUARY 9, 2022

IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER. I'M PROUD TO

STAND BEFORE YOU TODAY TO HONOR AN AMAZING GROUP OF PEOPLE AND

ORGANIZATION, P.S. I LOVE YOU DAY, INCORPORATED AND ITS FOUNDERS

JAIMIE AND BROOKE DIPALMA, BY RECOGNIZING FEBRUARY 11, 2022 AS P.S.

I LOVE YOU DAY IN THE STATE OF NEW YORK. ON THIS DAY THEY ASK

EVERYONE TO STAND UP AGAINST BULLYING, HELP END DEPRESSION AND

ULTIMATELY PREVENT SUICIDE. ON APRIL 23, 2010 THEN ONLY 14-YEAR-OLD

BROOKE WAS DROPPED OFF AT SCHOOL BY HER DAD JOSEPH DIPALMA. ON HER

WAY OUT OF THE CAR HE SAID "I LOVE YOU" AND SHE SAID "I LOVE YOU" BACK.

LITTLE DID BROOKE KNOW, LATER THAT DAY SHE WOULD BE TAKEN OUT OF

SCHOOL AND TOLD THAT HER FATHER HAD TRAGICALLY DIED BY SUICIDE. JOSEPH

DIPALMA WAS AN ACTIVE MEMBER IN OUR COMMUNITY, A FORMER NYPD

OFFICER, EX-CHIEF OF THE WEST ISLIP FIRE DEPARTMENT AND PRESIDENT OF THE

LOCAL CHAMBER OF COMMERCE. P.S. I LOVE YOU DAY WAS STARTED IN

2010 BY SISTERS JAIMIE AND BROOKE DIPALMA ALONG WITH THEIR FAMILY

AND THE WEST ISLIP HIGH SCHOOL CLASS OF 2014 TO CELEBRATE THE MEMORY

OF THEIR FATHER AND OTHERS LOST TO SUICIDE, ALSO INCLUDING ONE OF THEIR

OWN CLASSMATES. THEY USED THE LAST THREE WORDS THAT HER FATHER HAD

SAID, "I LOVE YOU," AS THE INSPIRATION FOR THIS SIGNIFICANT DAY. PART OF

THEIR MISSION IS TO EDUCATE STUDENTS EARLY ABOUT MENTAL HEALTH IN ORDER

TO REMOVE THE STIGMA AND LET THEM KNOW THAT IT'S OKAY TO ASK FOR HELP.

THIS YEAR P.S. I LOVE YOU DAY IS CELEBRATING ITS 12TH ANNIVERSARY, AND

NYS ASSEMBLY FEBRUARY 9, 2022

IS RECOGNIZED IN OVER 400 SCHOOLS AND BUSINESSES AROUND NEW YORK

STATE. WE INVITE ALL NEW YORKERS TO WEAR PURPLE ON FRIDAY, FEBRUARY

11, 2022 IN AN EFFORT TO BRING AWARENESS TO THE IMPORTANCE OF MENTAL

HEALTH AND SUICIDE PREVENTION, TO STAND UP TO BULLYING AND TO SPREAD

KINDNESS.

I WANT TO THANK JAIMIE AND BROOKE DIPALMA AND THE

P.S. I LOVE YOU DAY GROUP FOR THEIR ADVOCACY ON MENTAL HEALTH. IT IS

IMPERATIVE THAT MORE WORK MUST BE DONE ON THE LOCAL, STATE AND

NATIONAL LEVELS TO OFFER RESOURCES OF TREATMENT AND PREVENT OTHERS FROM

-- FROM -- ANOTHER FROM BEING LOST TO SUICIDE EVERY DAY.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MR.

DURSO. AND EVIDENCE THAT I BELIEVE IN YOUR RESOLUTION.

MR. DURSO: THANK YOU, SIR.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE; OPPOSED? THE RESOLUTION

IS CARRIED.

THE CLERK: ASSEMBLY RESOLUTION NO. 550, MR.

DIPIETRO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM FEBRUARY 12, 2022 AS CHOLANGIOCARCINOMA

AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

RESOLUTION IS ADOPTED.

NYS ASSEMBLY FEBRUARY 9, 2022

PAGE 22, CALENDAR NO. 132, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03913-B, CALENDAR

NO. 132, MCMAHON, MAGNARELLI, GRIFFIN, HUNTER, ENGLEBRIGHT,

BUTTENSCHON, GOTTFRIED, COLTON, TAYLOR, SANTABARBARA, SIMON,

B. MILLER, SILLITTI, STERN, JACKSON, OTIS, PERRY, JACOBSON, MORINELLO,

SAYEGH. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO REQUIRING

EMPLOYERS TO DISPLAY A POSTER CONTAINING INFORMATION ON VETERANS'

BENEFITS AND SERVICES WHICH SHALL BE CREATED AND DISTRIBUTED BY THE

DEPARTMENT OF LABOR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,

2023.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 3913-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.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS BILL REQUIRES

EMPLOYERS OVER 50 EMPLOYEES TO POST A POSTER THAT ANNOUNCES OR

EXPLAINS TO EMPLOYEES WHAT VETERAN BENEFITS MIGHT BE AVAILABLE. THIS

BILL PASSED LAST YEAR 143-4, AND I WAS PLEASED TO SUPPORT IT LAST YEAR.

UNFORTUNATELY, IT WAS NOT TAKEN UP BY THE SENATE AND SO WE HAVE IT

HERE AGAIN THIS YEAR. MY COLLEAGUES WILL NOTE THAT THIS IS A B-PRINT.

NYS ASSEMBLY FEBRUARY 9, 2022

THE ORIGINAL BILL APPLIED TO EVERY EMPLOYER, NO MATTER HOW SMALL.

AND I APPRECIATE THE FACT THAT THE SPONSOR HAS AMENDED IT TO APPLY TO

LARGER EMPLOYERS OVER 50 EMPLOYEES. AND THAT'S AN IMPORTANT AND

POSITIVE CHANGE. NEW YORK STATE CURRENTLY HAS 17 POSTERS THAT ARE

REQUIRED OF EMPLOYERS, AND THAT'S ON TOP OF THE FEDERAL MANDATORY --

FEDERAL EMPLOYEE POSTERS. AND SO, OUR CHALLENGE ALWAYS IN THE

LEGISLATURE IS TO TRY TO STRIKE THAT RIGHT BALANCE OF MAKING SURE THAT

EMPLOYEES KNOW THEIR BENEFITS WITHOUT IMPOSING UNDUE BURDENS ON

OUR EMPLOYERS. AND THIS AMENDMENT ACCOMPLISHES THAT AND I'M PROUD

TO SUPPORT IT AGAIN THIS YEAR.

SO THANK YOU VERY MUCH TO THE SPONSOR FOR BEING

SENSITIVE TO THE NEEDS OF SMALLER EMPLOYERS WHILE ALSO MAKING SURE

THAT OUR VETERANS ARE AWARE OF THE BENEFITS THAT ARE AVAILABLE TO THEM.

THANK YOU, MR. SPEAKER, AND I'M PLEASED TO SUPPORT THIS.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 27, CALENDAR NO. 176, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05531-A, CALENDAR

NO. 176, BICHOTTE HERMELYN. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO VOTING BY PROXY AT A JUDICIAL DISTRICT CONVENTION DUE TO

NOVEL CORONAVIRUS, COVID-19; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

NYS ASSEMBLY FEBRUARY 9, 2022

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05532, CALENDAR NO.

177, ENGLEBRIGHT, GUNTHER, JOYNER, DAVILA, SAYEGH. AN ACT TO AMEND

THE TAX LAW AND THE STATE FINANCE LAW, IN RELATION TO PROVIDING FOR

TAXPAYER GIFTS FOR DIABETES RESEARCH AND EDUCATION AND ESTABLISHING THE

DIABETES RESEARCH AND EDUCATION FUND.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05541-B, CALENDAR

NO. 178, ENGLEBRIGHT, STECK, O'DONNELL, GRIFFIN, OTIS. AN ACT

DIRECTING THE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION AND HEALTH

TO ESTABLISH ENVIRONMENTAL STANDARDS FOR AMBIENT LEAD AND LEAD

CONTAMINATION IN SOILS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05542, CALENDAR NO.

179, ENGLEBRIGHT, L. ROSENTHAL, GLICK, COLTON, GOTTFRIED, SCHMITT,

HEVESI, EPSTEIN, LAVINE, PAULIN, QUART, BURDICK, KELLES, SEAWRIGHT,

LUPARDO, BRABENEC, GONZ�LEZ-ROJAS. AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING THE

ISSUANCE OF PERMITS AUTHORIZING THE USE OF WILD ANIMALS IN CIRCUSES OR

TRAVELING ANIMAL ACTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05551, CALENDAR NO.

180, ENGLEBRIGHT, MONTESANO, SOLAGES. AN ACT TO AMEND THE PERSONAL

PROPERTY LAW, IN RELATION TO PROHIBITING CERTAIN PROVISIONS IN RETAIL

NYS ASSEMBLY FEBRUARY 9, 2022

LEASE AGREEMENTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05585, CALENDAR NO.

181, SCHMITT. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO

AUTHORIZING THE TOWN OF CHESTER, COUNTY OF ORANGE, TO ESTABLISH

COMMUNITY PRESERVATION FUNDS; TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING THE TOWN OF CHESTER TO IMPOSE A REAL ESTATE TRANSFER TAX

WITH REVENUES THEREFROM TO BE DEPOSITED IN SAID 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. A05618, CALENDAR NO.

182, HYNDMAN. AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW, IN

RELATION TO THE PROVISIONS OF CONSUMER AND EMPLOYMENT CONTRACTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05668-A, CALENDAR

NO. 183, GUNTHER, WOERNER, SANTABARBARA, TAYLOR, L. ROSENTHAL,

ABINANTI, NIOU, BRABENEC, STECK, HEVESI, BRAUNSTEIN, GOTTFRIED,

MCDONALD, BARNWELL, GALEF, REYES, BUTTENSCHON, SAYEGH. AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE EMPLOYMENT OF

PERSONS TO FUNCTION AS INFECTION PREVENTIONISTS IN CERTAIN GENERAL

HOSPITALS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05688, CALENDAR NO.

185, CRUZ, QUART, L. ROSENTHAL, PERRY, JACKSON. AN ACT TO AMEND THE

NYS ASSEMBLY FEBRUARY 9, 2022

CRIMINAL PROCEDURE LAW, IN RELATION TO FACILITATING APPELLATE REVIEW OF

RULINGS THAT IMPLICATE ISSUES OF PUBLIC CONCERN.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05728, CALENDAR NO.

186, GLICK, GOTTFRIED, ABINANTI, L. ROSENTHAL, FAHY, COLTON, JACOBSON,

STECK, PERRY, PAULIN, BURDICK, KELLES. AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING THE USE OF

LEAD AMMUNITION IN THE TAKING OF WILDLIFE ON STATE-OWNED LAND AND

LAND CONTRIBUTING SURFACE WATER TO THE NEW YORK CITY WATER SUPPLY.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05752, CALENDAR NO.

187, JOYNER, PERRY. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO YOUTHFUL OFFENDER DETERMINATIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05773, CALENDAR NO.

188, GLICK, SIMON, ENGLEBRIGHT, ROZIC, CRUZ, WILLIAMS, EPSTEIN,

REYES, GOTTFRIED, JOYNER, RAMOS, FALL, FERNANDEZ, WEPRIN, GRIFFIN,

MEEKS, AUBRY. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05841-B, CALENDAR

NO. 190, GOTTFRIED, WEINSTEIN, SAYEGH, STECK, SIMON, CUSICK,

ABINANTI, COOK, GLICK, VANEL, LUNSFORD, CAHILL, L. ROSENTHAL,

BRONSON, ZEBROWSKI, THIELE, WILLIAMS, BICHOTTE HERMELYN, CARROLL,

FALL, GALLAGHER, FORREST, CRUZ, STIRPE, NOLAN, CLARK, COLTON, PERRY,

NYS ASSEMBLY FEBRUARY 9, 2022

SANTABARBARA, HUNTER, JACKSON, ZINERMAN, GRIFFIN, KELLES, JACOBSON,

FERNANDEZ, GALEF, SILLITTI. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO THE USE OF PSYCHOTROPIC MEDICATIONS IN NURSING HOMES AND

ADULT CARE FACILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05842, CALENDAR NO.

191, GOTTFRIED, WEINSTEIN, STECK, BRONSON, SIMON, ABINANTI, COOK,

ANDERSON, EPSTEIN, OTIS, STIRPE, WOERNER, DINOWITZ, GLICK, VANEL,

LUNSFORD, CAHILL, L. ROSENTHAL, ZEBROWSKI, THIELE, WILLIAMS, BICHOTTE

HERMELYN, CARROLL, GALLAGHER, AUBRY, FORREST, NOLAN, CLARK, COLTON,

JACKSON, PERRY, PEOPLES-STOKES, KELLES, HUNTER, JACOBSON, BURDICK,

MCDONALD, SEAWRIGHT, REYES, SANTABARBARA, MAMDANI. AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE ESTABLISHMENT,

INCORPORATION, CONSTRUCTION OR INCREASE IN CAPACITY OF FOR-PROFIT

NURSING HOMES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05845, CALENDAR NO.

192, O'DONNELL, VANEL, SIMON, DICKENS, EPSTEIN, FERNANDEZ,

ZINERMAN, JACKSON. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO GRAND JURY PROCEEDINGS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05869, CALENDAR NO.

193, JOYNER, COOK. AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN

RELATION TO ESTABLISHING THE LEASE AND LANDLORD FRAUD PUBLIC

AWARENESS PROGRAM TO PROMOTE PUBLIC AWARENESS OF THE POTENTIAL RISKS

NYS ASSEMBLY FEBRUARY 9, 2022

OF SIGNING A FRAUDULENT LEASE WITH AN INDIVIDUAL MISREPRESENTING

THEMSELVES AS A LANDLORD.

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 5869. 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. A05891-B, CALENDAR

NO. 194, JOYNER, SIMON, DICKENS, CARROLL, AUBRY, O'DONNELL,

DINOWITZ, FORREST, JACKSON, HEVESI, MITAYNES, GONZ�LEZ-ROJAS. AN

ACT TO AMEND THE FAMILY COURT ACT AND THE CRIMINAL PROCEDURE LAW,

IN RELATION TO THE CUSTODIAL INTERROGATION OF JUVENILES BY LAW

ENFORCEMENT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05893-A, CALENDAR

NO. 195, WEPRIN. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO

PROVIDING ELECTRONIC MAIL SERVICES TO AN INCARCERATED INDIVIDUAL.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06031-A, CALENDAR

NYS ASSEMBLY FEBRUARY 9, 2022

NO. 196, TAYLOR, DARLING, ZINERMAN, OTIS, PERRY. AN ACT TO AMEND THE

ARTS AND CULTURAL AFFAIRS LAW, IN RELATION TO THE AMISTAD COMMISSION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06041, CALENDAR NO.

197, RAJKUMAR, WEPRIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW,

IN RELATION TO REQUIRING MOTOR VEHICLE DEALERS TO SEARCH FOR RECALLS AND

MAKE CERTAIN REPAIRS PRIOR TO SELLING A USED MOTOR VEHICLE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06052, CALENDAR NO.

198, LUNSFORD, WEINSTEIN, BURGOS, TAYLOR, FERNANDEZ, CARROLL,

WALKER, CRUZ, GALEF, EPSTEIN, DINOWITZ, CLARK, STIRPE, LUPARDO,

CONRAD, OTIS, PEOPLES-STOKES, ANDERSON, JACOBSON, GRIFFIN, BRONSON,

L. ROSENTHAL, COLTON, BICHOTTE HERMELYN, J.D. RIVERA, RAJKUMAR,

SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

REQUIRING INFECTION UPDATES AND INFECTION CONTROL PLANNING IN

RESIDENTIAL HEALTHCARE FACILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06054, CALENDAR NO.

199, HUNTER, MAMDANI, EPSTEIN, GALEF. AN ACT TO AMEND THE CRIMINAL

PROCEDURE LAW AND THE PENAL LAW, IN RELATION TO ABOLISHING CITIZEN'S

ARRESTS; AND TO REPEAL CERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE

LAW AND THE FAMILY COURT ACT RELATING THERETO.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06055-A, CALENDAR

NO. 200, WOERNER, GRIFFIN, BARNWELL, MCMAHON, THIELE, D.

NYS ASSEMBLY FEBRUARY 9, 2022

ROSENTHAL, SIMPSON, MIKULIN, DURSO, MCDONALD, COLTON, SILLITTI,

SAYEGH. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO

CLARIFYING THE DEFINITION OF VETERAN TO INCLUDE CAREER MEMBERS OF THE

ARMED FORCES FOR PURPOSES OF THE VETERANS ALTERNATIVE TAX EXEMPTION.

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 6055-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.

PAGE 4, RULES REPORT NO. 49, THE CLERK WILL READ.

THE CLERK: SENATE NO. S07806, RULES REPORT NO.

49, GIANARIS (A08789, CARROLL). AN ACT TO AMEND A CHAPTER OF THE

LAWS OF 2021 AMENDING THE ELECTION LAW, RELATING TO THE CANVASSING

OF ABSENTEE, MILITARY AND SPECIAL BALLOTS AND BALLOTS CAST IN AFFIDAVIT

ENVELOPES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.1027-A AND

A.7931, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

NYS ASSEMBLY FEBRUARY 9, 2022

ACTING SPEAKER AUBRY: MR. CARROLL, WILL YOU

YIELD?

MR. CARROLL: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. CARROLL. I

APPRECIATE THE OPPORTUNITY TO HAVE YOU CLARIFY A FEW -- FEW ISSUES FOR

ME IF YOU DON'T MIND. THE ORIGINAL BILL-IN-CHIEF, AS I UNDERSTAND IT,

AUTHORIZED ABSENT -- NOT JUST AUTHORIZED, REQUIRED ABSENTEE BALLOTS TO

BE COUNTED EARLIER IN THE PROCESS WITH THE FIRST COUNTING OCCURRING

BEFORE EARLY VOTING AND THE SECOND ONE JUST AFTER EARLY VOTING, AND THEN

OF COURSE THERE WOULD BE A THIRD ONE FOR BALLOTS THAT ARRIVED AFTER THAT.

THERE WERE A NUMBER OF ISSUES THAT WERE RAISED LAST YEAR WHEN WE

TALKED ABOUT THIS, AND I JUST WANTED TO TOUCH BASE AND SEE WHETHER THIS

CHAPTER AMENDMENT THAT WAS REQUIRED BY THE GOVERNOR ADDRESSES ANY

OF THOSE ISSUES.

MR. CARROLL: WELL, FIRST LET ME SAY THE BILL DOES

NOT AUTHORIZE THE COUNTING OF ABSENTEE BALLOTS PRIOR TO ELECTION DAY.

NOW, IT DOES ALLOW FOR THE CANVASSING AND SCANNING OF THOSE BALLOTS

BUT THEY WOULD NOT BE TABULATED UNTIL 8:00 P.M. ON ELECTION NIGHT.

AND I DO THINK THAT THAT'S AN IMPORTANT DIFFERENCE TO JUST MARK HERE.

BUT AS FOR THE CHAPTER AMENDMENT HERE, THE ONLY CHANGE IN THE BILL IS

THE EFFECTIVE DATE WHICH WENT FROM JANUARY 1, 2022 TO APRIL 1, 2022.

MR. GOODELL: AND I APPRECIATE THAT CLARIFICATION,

AND -- AND YOU'RE OF COURSE CORRECT ON THAT. I NOTE THAT UNDER THE

ORIGINAL BILL THERE IS A CURE PROCESS, AND I JUST WANTED TO TOUCH BASE

NYS ASSEMBLY FEBRUARY 9, 2022

WITH YOU ON THAT BECAUSE IT WAS CURIOUS TO ME. IT SAID THAT A CURABLE

DEFECT INCLUDES INSTANCES WHERE THE BALLOT ENVELOPE HAS A SIGNATURE

THAT DOESN'T CORRESPOND TO THE VOTER OR CONTAINS A SIGNATURE OF SOMEONE

OTHER THAN THE VOTER HIMSELF. IS THAT A COMMON ISSUE?

MR. CARROLL: WELL, SO I THINK, ONE, THAT WE

DEBATED YESTERDAY AND I THINK WE CAN AGREE THAT SOMETIMES THE

SIGNATURE THAT IS ON THE BUFF CARD OR IS ON THE ELECTRONIC RECORD CAN

CHANGE OVER TIME. AND SO IF THERE IS AN OBJECTION TO THAT SIGNATURE

BECAUSE IT HAS CHANGED OVER TIME, THAT IS A CURABLE DEFECT WHICH THEY

WOULD GO THROUGH THE CURING PROCESS THAT THE BILL EXPLAINS. AND THEN

AS FOR A SIGNATURE THAT DOESN'T MATCH OR IS DIFFERENT, IS OBVIOUSLY

DIFFERENT THAN THE PERSON'S NAME, THAT DOES HAPPEN FROM TIME TO TIME.

AND THE MOST LIKELY EXAMPLE OF THAT IS A HUSBAND AND WIFE OR TWO

PARTNERS WHO LIVE AT THE SAME ADDRESS AND THEY FOR SOME REASON CANNOT

MAKE IT TO THE POLLING PLACE BECAUSE THEY'LL BE AWAY OR THEY'RE SICK,

YOU KNOW, ARE FILLING OUT THEIR BALLOTS AND THEY ACCIDENTLY SWITCHED

THEM. SO, YOU KNOW, MY WIFE AND I, FOR INSTANCE, RIGHT, IT'S VERY

OBVIOUS, HER SIGNATURE VERSUS MINE. WE HAVE VERY DIFFERENT NAMES,

AND I CAN SEE THAT WE ACCIDENTLY SWITCHED THEM AND THAT'S HOW THAT CAN

HAPPEN AND, THUS, WE WOULD LIKE TO CURE THAT DEFECT.

MR. GOODELL: AS YOU KNOW, REVIEWING THE

ABSENTEE BALLOTS IS OFTEN A TEDIOUS PROCESS BECAUSE THE CANDIDATES WANT

TO MAKE SURE THAT THE SIGNATURES MATCH A VALID BALLOT OR A VALID --

VALIDLY-REGISTERED INDIVIDUAL, AND THAT REQUIRES THEM TO COMPARE

INDIVIDUAL SIGNATURES ON A BALLOT ENVELOPE WITH THE VOTER REGISTRATION

NYS ASSEMBLY FEBRUARY 9, 2022

SIGNATURE. AND THAT CAN BE TIME-CONSUMING AND TEDIOUS. MOST OF THE

TIME IF THE ELECTION HAS A WIDE GAP NOBODY -- NOBODY PAYS ATTENTION

BECAUSE IT ISN'T GOING TO MAKE A DIFFERENCE. BUT ON CLOSE RACES, THAT'S

WATCHED VERY, VERY CLOSELY. UNDER THIS BILL AS AMENDED, THAT TEDIOUS

PROCESS STARTS WHILE THE BALLOTING IS STILL OCCURRING ON THE MACHINES,

CORRECT?

MR. CARROLL: YES. I MEAN, IN THE BILL-IN-CHIEF

WE REQUIRE THE BOARD TO REVIEW THE ABSENTEE BALLOT WITHIN FOUR DAYS

AND COME UP WITH A DESIGNATION; WHETHER THE BALLOT IS VALID, WHETHER IT

IS INVALID BUT CURABLE, AND THEN A LETTER MUST BE SENT TO THE VOTER TO

CURE THAT DEFECT, OR IF IT IS INVALID AND NOT CURABLE. IF THE BALLOT FALLS

INTO ONE -- IT WILL FALL INTO ONE OF THOSE THREE CATEGORIES. IF IT FALLS INTO

THE VALID CATEGORY, WHICH MOST BALLOTS IN ALMOST ALL ELECTIONS DO BEFORE

THIS LAW AND AFTER THIS LAW, THOSE BALLOTS WILL BE CANVASSED AND

SCANNED. THEY WILL BE SCANNED STARTING THE DAY OF EARLY VOTING AND

THAT WILL CONTINUE THROUGH ELECTION DAY.

MR. GOODELL: AS YOU KNOW, WE ALWAYS HOPE THAT

THE ELECTIONS RUN SMOOTHLY, BUT CERTAINLY IN THE LAST FEW YEARS WE'VE

HAD MULTIPLE EXAMPLES WHERE THE ELECTIONS DID NOT RUN SMOOTHLY,

WHERE THERE WERE VERY LONG LINES, SOME PEOPLE COULDN'T STAY IN LINE

LONG ENOUGH TO VOTE. PARTICULARLY WHEN WE STARTED WITH THE EARLY

VOTING WE HAD, AS I RECALL, SOMEWHERE BETWEEN 50- AND 75,000

ABSENTEE BALLOTS REJECTED IN NEW YORK CITY, FOR EXAMPLE, IN ONE OF THE

PRIMARIES. WOULDN'T IT MAKE MORE SENSE TO HAVE THE BOARD OF

ELECTIONS STAFF FOCUSING ON ENSURING THAT THE POLLING SITES ARE PROPERLY

NYS ASSEMBLY FEBRUARY 9, 2022

STAFFED, PEOPLE AREN'T CALLING IN SICK OR THAT THEY'RE REPLACED IF THEY ARE,

AND THAT THE MACHINES ARE OPERATING PROPERLY RATHER THAN ENGAGING IN

THIS LABORIOUS, TEDIOUS TIME-CONSUMING BALLOT VERIFICATION PROCESS

DURING THE LAST COUPLE OF WEEKS OF AN ELECTION CYCLE?

MR. CARROLL: SO -- SO -- SO, MR. GOODELL, I --

YOUR FIRST SUPPOSITION I AGREE WITH 100 PERCENT. IT IS ALWAYS EVER GREEN

THAT WE SHOULD BETTER FUND AND BETTER MANAGE OUR ELECTIONS. AND SO

YOU AND I CAN AGREE ON THAT. NOW, WE DISAGREE THAT I THINK IT IS

IMPERATIVE FOR ALL PEOPLE TO HAVE TRUST IN OUR ELECTIONS, TO MAKE SURE

THAT WE EFFICIENTLY AND FAIRLY CANVAS AND COUNT ABSENTEE BALLOTS. WE

KNOW WHAT HAPPENED IN 2020. THE FACT THAT THERE WERE CERTAIN

POLITICAL ACTORS WHO COULD SPREAD, IN MY OPINION, LIES THAT THERE WAS

ELECTION FRAUD BECAUSE OF THE DELAY IN VOTING OF ABSENTEE BALLOTS IS A

CLEAR AND PRESENT DANGER TO OUR DEMOCRACY. NEW YORK WAS THE LAST

STATE IN THE UNION TO CERTIFY OUR ELECTIONS BECAUSE OF OUR ARCANE LAWS

AROUND COUNTING ABSENTEE BALLOTS. WE MUST MAKE SURE THAT VOTERS

HAVE FAITH IN THAT SYSTEM. THIS BILL DOES THAT BY MAKING SURE THAT WE

EFFICIENTLY AND FAIRLY CANVAS AND THEN COUNT THOSE ABSENTEE BALLOTS.

AND THE WAY THAT WE DELINEATE WHAT IS A VALID AND INVALID BUT CURABLE

BALLOT AND AN INVALID BALLOT I THINK IS FAIR, IS CLEAR AND WILL MAKE SURE

THAT ALL NEW YORKERS OF ALL POLITICAL STRIPES HAVE FAITH IN OUR ELECTIONS.

MR. GOODELL: AND I -- I AGREE WITH YOUR

COMMENTS ABOUT HOW THERE'S A LOT OF PUBLIC CONCERN OVER THE VALIDITY

OF THE BALLOTING PROCESS, AND THAT WAS HEIGHTENED EVEN LAST YEAR. BUT

AT THE SAME TIME, WE'VE HAD MULTIPLE SITUATIONS WITH POLITICAL

NYS ASSEMBLY FEBRUARY 9, 2022

OPERATIVES BEING ARRESTED FOR FRAUDULENT ABSENTEE BALLOTS, INCLUDING LAST

YEAR. AND THERE'S AN ONGOING STATE POLICE INVESTIGATION IN OUR

NEIGHBORING CITY HERE OF RENSSELAER. WE HAD -- AND THAT WAS JUST LAST

YEAR. IN THE NEW YORK CITY COUNCIL RACE BETWEEN BRIAN FOX AND

BRANNAN, JUSTIN BRANNAN, THERE WERE 11 ABSENTEE BALLOT APPLICATIONS

FROM PEOPLE WHO WERE DEAD, WHICH MAKES YOU KIND OF WONDER HOW

THEY COULD CURE THAT. OF COURSE OVER IN SUFFOLK COUNTY THE YEAR

BEFORE, AN INDIVIDUAL WAS CAUGHT SUBMITTING TWO ABSENTEE BALLOTS FOR

HIS DECEASED MOTHER. AND (INAUDIBLE) --

MR. CARROLL: MR. GOODELL -- MR. GOODELL, IS

THERE A QUESTION HERE? BECAUSE I DO BELIEVE THAT THOSE FRAUDS WOULD

BE CAUGHT. THERE'S NOWHERE IN THE LAW THAT SAYS IF SOMEBODY SUBMITS

AN ABSENTEE BALLOT AND WE LOOK UP AND WE FIND OUT THAT THEY'RE ON THE

ROLLS AND THEY'RE DECEASED, WELL THAT BALLOT WOULD STILL BE INVALID UNDER

THIS LAW. I DON'T UNDERSTAND THE QUESTION.

MR. GOODELL: THE IRONY IS THAT A LOT OF THOSE

FRAUDS WERE NOT CAUGHT BY THE BOARD OF ELECTIONS. THEY WERE CAUGHT

BY CANDIDATES WHO TOOK THE TIME AND EFFORT TO MAKE SURE THAT THEY HAD

QUALIFIED INDIVIDUALS WHEN THOSE BALLOT APPLICATIONS CAME IN. AND

WHAT STRIKES ME IS THAT THE ORIGINAL BILL, WHICH IS BEING AMENDED TODAY,

PROVIDES ALL THESE WHAT APPEAR TO BE OPPORTUNITIES FOR FRAUD. SO, WE

TALK ABOUT AFFIDAVIT BALLOTS THAT AREN'T EVEN SIGNED?

MR. CARROLL: WHICH IS A CURABLE, RIGHT? THERE'S

A CURABLE --

MR. GOODELL: HOW CAN YOU HAVE AN AFFIDAVIT

NYS ASSEMBLY FEBRUARY 9, 2022

THAT'S NOT SIGNED?

MR. CARROLL: BUT -- BUT MR. GOODELL, I DON'T

UNDERSTAND YOUR POINT. IF -- IF THERE IS A -- IF IT IS A CURABLE DEFECT IT

DOES NOT GET COUNTED. SO THEY'LL STILL HAVE TO REACH OUT TO THAT VOTER

AND CURE THAT DEFECT. NOW, IF YOU'RE SUGGESTING THAT THERE IS GOING TO

BE WIDE-SCALE VOTER FRAUD THROUGH DECEASED -- THROUGH DECEASED

PEOPLE, PLEASE SHOW ME WHERE THAT'S HAPPENED. YOU -- YOU FOUND ONE

INSTANCE IN BROOKLYN. I CAN TELL -- I CAN -- I CAN FIND ANECDOTAL POINTS

TO THE OPPOSITE. YOU KNOW, I'LL -- I'LL GIVE YOU AN EXAMPLE. MY OWN

AUNT WAS KICKED OFF THE ROLLS BECAUSE SHE SHARES THE SAME NAME AS HER

MOTHER -- MY GRANDMOTHER -- AND MY GRANDMOTHER DIED. SO I -- YOU

KNOW, I COULD -- ANECDOTAL EXAMPLES DO NOT PROVE THE RULE. AND SO I

PUSH BACK FORCEFULLY AGAINST THAT. BUT PLEASE GIVE ME AN EXAMPLE OF

WHERE A CURABLE DEFECT WHICH REQUIRES THE BOARD TO CONTACT THAT PERSON

TO CURE IT BEFORE THEY'RE COUNTED, HOW DOES THAT ALLOW FOR VOTER FRAUD?

MR. GOODELL: WELL, FIRST I'LL ANSWER YOUR FIRST

QUESTION WHICH IS HAS THERE BEEN EXAMPLES OF WIDESPREAD ABSENTEE

VOTER FRAUD, AND OF COURSE ONE OF OUR OWN MEMBERS WAS A VICTIM OF

SUCH AN EFFORT WHERE HE WAS IN A PRIMARY AND HIS OPPONENT SUBMITTED

242 FRAUDULENT ABSENTEE BALLOTS AND ALMOST WON THE PRIMARY. IF HE HAD

ONLY SUBMITTED 247 FRAUDULENT BALLOTS HE WOULD HAVE WON INITIALLY. I

MEAN, THAT'S MASSIVE WIDESPREAD FRAUD. THAT'S JUST AN EXAMPLE --

MR. CARROLL: MR. GOODELL, I DO NOT BELIEVE THE

BILL THAT WE ARE PASSING TODAY OR THE BILL THAT WE PASSED LAST YEAR IN ANY

WAY DEMONSTRABLY CHANGES OUR LAWS THAT WOULD STILL NOT ALLOW FOR

NYS ASSEMBLY FEBRUARY 9, 2022

SOMEBODY WHO IS PATENTLY GOING TO TRY TO BREAK THE LAW TO TRY TO DO

THAT. I ALSO WANT TO MAKE SURE THAT IT'S VERY CLEAR THAT OUR BOARD OF

ELECTIONS IS PARTISAN, AND THUS MEANS THAT THERE ARE DEMOCRATIC AND

REPUBLICAN MEMBERS OF THE BOARD, WHICH ALLOWS FOR -- IF THERE -- IF

YOU BELIEVE THAT THERE IS SOME TYPE OF FRAUD, FOR MULTIPLE STOPGAPS AND

FIREWALLS IN THIS PROCESS.

MR. GOODELL: AND I APPRECIATE THAT PERSPECTIVE

AND I APPRECIATE YOUR COMMENTS, MR. CARROLL. THANK YOU VERY MUCH.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: SO, WE HAVE MULTIPLE EXAMPLES IN

NEW YORK STATE THAT HAPPENS ALMOST EVERY SINGLE YEAR WHERE WE HAVE

FRAUDULENT ABSENTEE BALLOTS OR AFFIDAVIT BALLOTS THAT ARE SUBMITTED.

NOW, NORMALLY IT DOESN'T MAKE ANY DIFFERENCE BECAUSE NUMBERS ARE

NORMALLY TOO SMALL TO CHANGE THE OUTCOME. NOT ALWAYS, BUT NORMALLY.

AND SO THOSE BALLOTS ARE EXAMINED VERY CAREFULLY WHEN IT'S A CLOSE

RACE. AND WE DON'T KNOW WHEN IT'S GOING TO BE A CLOSE RACE OFTENTIMES

UNTIL AFTER THE POLLS HAVE CLOSED AND YOU GET THE INITIAL RESULTS. AND WE

ALL KNOW OF SO MANY SITUATIONS WHERE POLSTERS ARE SAYING, THIS

CANDIDATE WILL WIN BY A LARGE MARGIN AND IT TURNS OUT IT'S RAZOR THIN.

AND SINCE NONE OF US, NO ONE IN THE PUBLIC, AND CERTAINLY NO POLITICIAN

CAN PREDICT WITH PRECISION HOW AN ELECTION WILL TURN OUT, HAVING THE

ABSENTEE BALLOTS EXAMINED AFTER THE VOTE TALLY IS THE RIGHT WAY TO GO

BECAUSE IT'S SO MUCH MORE EFFICIENT BECAUSE YOU ONLY EXAMINE THE

BALLOTS IN A CLOSE RACE. NOW, WE'RE TOLD THAT THIS LEGISLATION, AS BEING

NYS ASSEMBLY FEBRUARY 9, 2022

AMENDED, DOESN'T INCREASE THE OPPORTUNITY FOR FRAUD. BUT HERE'S THE

AMAZING THING: WHAT THIS LEGISLATION SAYS IS YOU CAN TRY A WHOLE

BUNCH OF THINGS THAT ALL OF US WOULD THINK IS FRAUDULENT AND SEE IF YOU

COULD MAKE IT PAST THE INITIAL SCREENING. IF YOU CAN, YOU CAN THROW A

LITTLE PARTY. IF YOU CAN'T, THIS LEGISLATION REQUIRES THE BOARD OF

ELECTIONS TO SEE IF THEY CAN ACTUALLY CONTACT THE REAL VOTER AND SOLVE A

PROBLEM. SO THINK ABOUT THIS. YOU'VE GOT A POLITICAL OPERATIVE WHO'S

WORKING ON SOME FRAUDULENT AFFIDAVIT BALLOTS OR ABSENTEE BALLOTS.

THEY SUBMIT IT, THEY'RE CAUGHT. THE SIGNATURE DOESN'T MATCH. WHAT'S

THIS BILL SAY? OH, WE'LL SEND IT BACK. TRY AGAIN. THAT'S COOL. OR WHAT

HAPPENS IF IT COMES BACK AND IT'S SIGNED BY SOMEBODY ELSE COMPLETELY

DIFFERENT AND IT'S CAUGHT? OH, THAT'S OKAY, WE'LL SEND IT BACK. TRY IT

AGAIN. OR WHAT IF -- THIS BILL ACTUALLY SAYS THAT IF YOU GET MORE THAN

ONE ABSENTEE BALLOT WE COUNT THE SECOND. WAIT A MINUTE. HOW WERE

YOU ABLE TO HAVE MORE THAN ONE? YOU'RE ONLY ENTITLED TO ONE. SO

WHAT, YOU SUBMIT TWO OR THREE AND SEE IF ONE OF THEM OR ALL OF THEM GET

THROUGH? THIS IS THE SECOND CHANCE FRAUD BILL. THE SECOND CHANCE

FRAUD BILL. AND TO MAKE IT EVEN EASIER, WHAT WE DO IS WE SCHEDULE THE

EXAMINATION OF THESE AFFIDAVIT BALLOTS RIGHT IN THE HEIGHT OF THE VOTING

PROCESS WHEN THE BOARD OF ELECTIONS STAFF IS AS THIN AS IT CAN POSSIBLY

BE BECAUSE THEY'RE DEALING WITH PEOPLE WHO CALLED IN SICK THAT

MORNING. AND SO WHILE THEY'RE SCRAMBLING TO MAKE SURE THE MACHINES

ARE OPERATING, THAT THE VOTING SITES ARE SCHEDULED (INAUDIBLE), WHEN THIS

BILL SCHEDULES THE FRAUD EXAMINATION AT THE VERY TIME WE KNOW THEY

HAVE THE FEWEST RESOURCES.

NYS ASSEMBLY FEBRUARY 9, 2022

SIR, IS THERE ANYONE ELSE?

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

MR. GOODELL: THANK YOU.

ACTING SPEAKER AUBRY: MS. SEAWRIGHT.

(PAUSE)

MS. SEAWRIGHT, ARE YOU ON LINE WITH US?

(PAUSE)

MR. LAWLER.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. CARROLL, WILL YOU

YIELD?

MR. CARROLL: I DO, MR. SPEAKER.

ACTING SPEAKER AUBRY: OKAY.

MR. LAWLER: THANK YOU. NOW, I VOTED FOR THE

ORIGINAL BILL LAST YEAR, SO THIS IS NOT AN ADVERSARIAL LINE OF QUESTIONING.

I JUST WANT TO GO BACK A LITTLE BIT AND JUST MAKE SURE I'M CLEAR ON SOME

OF THE CONTENT OF THE ORIGINAL BILL. SO, THE OBJECTIVE IS TO CANVAS THE

ABSENTEE BALLOTS AS THEY COME IN SO THAT THEY ARE READY TO BE COUNTED AT

8:00 P.M. ON ELECTION DAY, CORRECT?

MR. CARROLL: BASICALLY, YES.

MR. LAWLER: OKAY. DOES THE BILL -- DOES THE

ORIGINAL BILL SPEAK TO A SITUATION WHERE SOMEBODY WILL APPLY FOR AN

ABSENTEE BALLOT, THEY WILL SUBMIT THEIR ABSENTEE BALLOT AND THEN THEY

NYS ASSEMBLY FEBRUARY 9, 2022

WILL SHOW UP ON ELECTION DAY TO VOTE ON THE MACHINES OR DURING EARLY

VOTING ON THE MACHINES? HOW -- HOW DOES THE BILL SPEAK TO ADDRESSING

THAT CONFLICT?

MR. CARROLL: SO, THE PREVIOUS LAW IN NEW YORK

WHERE NEW YORK WAS THE ONLY STATE IN THE NATION THAT DID THIS, YOU

COULD APPLY FOR AN ABSENTEE BALLOT AND YOU STILL HAD A RIGHT TO SHOW UP

AT YOUR EARLY VOTING PLACE OR YOUR POLLING PLACE AND VOTE ON THE

MACHINE. AND WE WOULD INVALIDATE YOUR ABSENTEE BALLOT WHETHER OR

NOT YOU HAD SUBMITTED IT OR NOT, WHICH IS WHY OUR PROCESS WAS SO

LABORIOUS. IN THIS NEW BILL, THE NEW LAW, YOU COULD STILL SHOW UP TO

YOUR POLLING PLACE BUT YOU WOULD HAVE TO VOTE VIA AFFIDAVIT BALLOT.

AND IF YOU DID VOTE VIA AFFIDAVIT BALLOT AND HAD SUBMITTED YOUR

ABSENTEE BALLOT, IT IS YOUR ABSENTEE BALLOT THAT WOULD CONTROL. WE

WOULD INVALIDATE THAT AFFIDAVIT BALLOT. BUT IF FOR SOME REASON IT NEVER

CAME IN THE MAIL OR YOU MISPLACED IT, YOU COULD SHOW UP AND YOU

COULD ASSERT YOUR RIGHT TO VOTE AND THAT AFFIDAVIT BALLOT WOULD, IN FACT,

BE COUNTED ONCE IT WAS PROPERLY CANVASSED.

MR. LAWLER: OKAY. AND JUST TO ADD A LITTLE MORE

TO WHAT YOU WERE SAYING -- WHICH I AGREE WITH YOUR -- YOUR ANALYSIS OF

IT -- PART OF THE REASON THAT IT TOOK SO LONG TO COUNT VOTES WAS TO VERIFY

WHETHER OR NOT SOMEBODY SUBMITTED AN ABSENTEE AND THEN VOTED ON THE

MACHINE. OBVIOUSLY, TECHNOLOGY HAS CHANGED. WE NOW HAVE THE

ELECTRONIC POLL BOOKS WHICH MAKES IT A LITTLE FASTER TO DETERMINE

WHETHER OR NOT SOMEBODY --

MR. CARROLL: THAT WAS ONE OF A NUMBER OF

NYS ASSEMBLY FEBRUARY 9, 2022

PROBLEMS --

MR. LAWLER: RIGHT.

MR. CARROLL: YES, YOU'RE CORRECT.

MR. LAWLER: OKAY. SO, JUST TO -- TO REITERATE THE

POINT, SO SOMEBODY SUBMITS THEIR ABSENTEE BALLOT, THEY SHOW UP AT THE

POLLS ON ELECTION DAY, AND THE ELECTRONIC POLL BOOK WILL INDICATE THAT

THE PERSON HAS SUBMITTED AN ABSENTEE BALLOT AND THEREFORE CAN ONLY

VOTE BY AFFIDAVIT, CORRECT?

MR. CARROLL: CORRECT.

MR. LAWLER: OKAY. SO THEY WILL NOT BE ABLE TO

VOTE ON THE MACHINE.

MR. CARROLL: THEY WILL NOT BE ABLE TO VOTE ON

THE MACHINE, THAT'S CORRECT.

MR. LAWLER: OKAY. VERY GOOD. THANK -- THANK

YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

LAWLER. WHICH OF COURSE ONLY CHANGES THE EFFECTIVE DATE. SO I

UNDERSTAND WE WANT TO GO BACK AND HAVE A DISCUSSION ABOUT THE PRIOR

BILL, WHICH IS THE LAW. HOWEVER, THIS BILL ONLY CHANGES THE EFFECTIVE

DATE OF THAT LAW.

GO AHEAD.

MR. LAWLER: SO, I -- I SUPPORT THE BILL, AS I HAVE

IN THE PAST, BECAUSE I DO THINK NEW YORK STATE'S OLD WAY OF DOING

THINGS WAS CLEARLY OUTDATED. AND I THINK THE BOARD OF ELECTIONS

NYS ASSEMBLY FEBRUARY 9, 2022

OBVIOUSLY HAVE REQUESTED MORE TIME TO IMPLEMENT THIS LAW. I DO THINK

IT WILL HELP ENSURE THAT ELECTION RESULTS IN THE STATE OF NEW YORK ARE

COUNTED IN A TIMELY MANNER. WE HAVE SEEN YEAR AFTER YEAR, SO MANY

ELECTIONS TAKE WEEKS AND AT TIMES MONTHS TO BE DETERMINED IN NEW

YORK STATE BECAUSE OF THE LABORIOUS WAY THAT WE DO ELECTIONS. THE

FACT THAT A VOTER WHO SUBMITS AN ABSENTEE BALLOT WILL NOT BE ABLE TO

VOTE ON A MACHINE IS CRITICAL. BECAUSE THE ONLY WAY TO SPEED UP THE

COUNT IS TO ENSURE THAT TWO BALLOTS CANNOT BE SUBMITTED INTO THE

MACHINES. SO, THAT IS A CRITICAL DISTINCTION AND IT IS WHY I SUPPORTED

THE ORIGINAL BILL AND WHY I SUPPORT THIS BILL TO GIVE THE BOARD OF

ELECTIONS TIME TO IMPLEMENT THESE NECESSARY CHANGES.

SO I VOTE YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL FOR A SECOND.

MR. GOODELL: THANK YOU, SIR.

ON -- ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: I APPRECIATE THE SPONSOR'S

COMMENTS AND MY COLLEAGUE'S COMMENTS. AND AS -- AS THEIR COLLOQUY

POINTED OUT, UP UNTIL THIS BILL, OR THE ORIGINAL BILL, A VOTER COULD CHANGE

THEIR MIND AFTER CASTING AN ABSENTEE BALLOT. AND THAT'S IMPORTANT

BECAUSE SOMETIMES DURING THAT INTERIM SOMETHING SUBSTANTIAL HAPPENS.

A FEW YEARS BACK WE HAD A HORRIFIC TRAGEDY, I THOUGHT, HERE IN THE

ASSEMBLY. ONE -- AN ASSEMBLYMEMBER JUST A FEW DAYS BEFORE THE

ELECTION DIED. MR. NOJAY. AND IF YOU HAD VOTED BY ABSENTEE BALLOT FOR

NYS ASSEMBLY FEBRUARY 9, 2022

THAT PARTICULAR CANDIDATE, UNDER THE PRIOR LAW YOU COULD SHOW UP AT THE

POLLS AND VOTE FOR A DIFFERENT CANDIDATE WHO IS STILL ALIVE. UNDER THIS

BILL AND THE ORIGINAL BILL, YOU NO LONGER HAVE THAT OPPORTUNITY. AND

SADLY WE'VE SEEN MANY SITUATIONS, OFTEN IN A MULTI-PERSON PRIMARY

WHERE SOMEONE DROPS OUT OF THE RACE A FEW WEEKS BEFORE THE ELECTION,

AND IF YOU CAN'T SHOW UP AND CAST YOUR VOTE ON THE ELECTION AND YOU'RE

BOUND BY AN ABSENTEE BALLOT THAT YOU SUBMITTED WEEKS EARLIER, YOU'RE

REMOVED FROM THE ELECTORAL PROCESS. YOU ARE DISENFRANCHISED FROM THE

ELECTORAL PROCESS. AND I THINK ALL OF US WANT TO MAKE SURE THAT EVERY

VOTER HAS THE MAXIMUM OPPORTUNITY TO IMPACT AN ELECTION. THE

COMMENTS BETWEEN MY COLLEAGUES ALSO POINTED OUT AN INTERESTING

ISSUE. IN THE PAST, IF YOU SHOWED UP ON ELECTION DAY THEY ALLOWED YOU

TO VOTE AND THEY THREW AWAY YOUR EARLIER ABSENTEE BALLOT. UNDER THIS

APPROACH THEY COUNT THE ABSENT -- THEY PUT THE PRIOR ABSENTEE BALLOT

INTO A GROUP WITH EVERY OTHER ABSENTEE BALLOT WITH NO IDENTIFICATION

BEFORE YOU SHOW UP. SO WHAT HAPPENS UNDER THIS BILL IF YOU SHOW UP

AND YOU WANT TO VOTE AND THEY SAY, OH, YOU CANNOT VOTE BECAUSE YOU

ALREADY VOTED BY ABSENTEE BALLOT AND YOU SAY, NO, I HAVEN'T. I NEVER

ASKED FOR AN ABSENTEE BALLOT. THE APPLICATION WITH THAT ELECTRONIC

SIGNATURE WAS NOT MINE. I WANT TO EXERCISE MY RIGHT TO VOTE, AND THE

ANSWER IS YOU CAN'T. YOU CANNOT. BECAUSE EVEN IF YOU FILL OUT AN

AFFIDAVIT BALLOT, NO ONE UNDER THIS BILL CAN IDENTIFY THE ORIGINAL

FRAUDULENT BALLOT BECAUSE IT'S NOW BEEN REMOVED FROM THE ABSENTEE

BALLOT ENVELOPE, THERE'S NO IDENTIFICATION ON IT. SO WHAT THIS LEGISLATION

SAYS IS NO LONGER CAN YOU BE SURE THAT YOUR VOTE COUNTS, BECAUSE IF

NYS ASSEMBLY FEBRUARY 9, 2022

SOMEONE SLIPS IN A FRAUDULENT ABSENTEE BALLOT AHEAD OF YOU, YOU'RE OUT.

AND THERE'S NOTHING YOU CAN SAY OR DO ABOUT IT. AND IF IT TURNS OUT

YOUR PRIMARY CANDIDATE DROPS OUT OF THE RACE OR IS ARRESTED FOR A

HEINOUS CRIME OR ANY OTHER REASON, YOU CAN'T CHANGE YOUR MIND. SO

NOT ONLY IS THIS LEGISLATION AN INVITATION FOR FRAUD BECAUSE IT GIVES THEM

MULTIPLE TRIES TO GET THROUGH THE PROCESS, IT MINIMIZES THE ABILITY OF THE

BOARD OF ELECTIONS TO PUT IN AN ADEQUATE STAFF BECAUSE IT OCCURS AT THE

MOST BUSIEST TIME THEY HAVE WHEN THEIR STAFF IS STRETCHED TO THE MAX,

BUT ELIMINATES EVERY SINGLE VOTER'S RIGHT TO CHANGE THEIR MIND OR TO VOTE

IN THE EVENT THERE'S A FRAUDULENT BALLOT. AND SO WHY IS IT THAT WE'RE

GOING DOWN THIS PATH? AND THE ANSWER IS BECAUSE WE WANT TO HAVE

RESULTS FASTER. WHO'S THE "WE" IN THIS? THE ANSWER IS IT'S THE

POLITICIANS. THE POLITICIANS WANT TO KNOW SOONER. DOES IT MATTER TO

THE PUBLIC? NOT REALLY. WHY? BECAUSE THE ELECTIONS ARE HELD IN

NOVEMBER AND YOU DON'T TAKE OFFICE UNTIL THE FOLLOWING JANUARY. SO

THERE'S TYPICALLY SEVEN OR EIGHT WEEKS. NOW, I UNDERSTAND HOW

STRESSFUL IT IS FOR POLITICIANS IN A TIGHT RACE TO HAVE TO WAIT TO KNOW

WHETHER THEY WON OR LOST. AND INDEED, DURING THE LAST ASSEMBLY

ELECTION THERE WERE LIKE ALMOST A DOZEN CANDIDATES, MEMBERS OF THE

ASSEMBLY, WHO WERE BEHIND ON ELECTION NIGHT AND ENDED UP WINNING

WITH THE ABSENTEE BALLOTS, HAD TO WAIT ON PINS AND NEEDLES FOR A FEW

WEEKS. SO WHAT WE ARE SAYING WITH THIS LEGISLATION IS THAT IT'S MORE

IMPORTANT THAT POLITICIANS NOT BE STRESSED BY WAITING A FEW WEEKS THAN

IT IS TO MAKE SURE THAT THE VOTERS HAVE EVERY OPPORTUNITY TO CAST A VOTE

THAT MAKES A DIFFERENCE, THAT THEY CAN MAKE SURE THAT IF THERE'S A

NYS ASSEMBLY FEBRUARY 9, 2022

FRAUDULENT APPLICATION THAT'S FILED BEFORE THEM THAT THEY CAN VOTE THEIRS

AND THE FRAUDULENT BALLOT IS THROWN OUT. THAT THEY CAN CHANGE THEIR

MIND IF THERE'S SOMETHING THAT COMES OUT LATE. (INAUDIBLE) BY THE

VOTERS' RIGHTS SO THAT WE CAN AVOID THE AWKWARDNESS OF WAITING FOR THE

RESULTS. LET'S PUT THE VOTERS FIRST RATHER THAN THE POLITICIANS FIRST.

FOR THAT REASON I ENCOURAGE MY COLLEAGUES TO VOTE

AGAINST THIS BILL, WHICH IT'S JUST AN AMENDMENT THAT CHANGES THE

EFFECTIVE DATE FROM JANUARY TO APRIL AND HAS ABSOLUTELY NO DIFFERENCE

IN THE WAY THIS BILL MOVES FORWARD. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CARROLL.

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

ACTING SPEAKER AUBRY: ON THE BILL, MR.

CARROLL.

MR. CARROLL: FIRST, I WOULD LIKE TO MAKE FOR THE

RECORD CLEAR THAT THIS IS A CHAPTER AMENDMENT TO CHANGE THE EFFECTIVE

DATE OF THIS PIECE OF LEGISLATION FROM JANUARY 1ST TO APRIL 1ST OF 2022,

WHICH GIVES THE BOARD OF ELECTIONS MORE TIME TO MAKE SURE THEY HAVE

THE ABILITY TO GET THIS DONE RIGHT. BUT, I WOULD BE REMISS IF I DID NOT

PUSH BACK AGAINST HYPOTHETICAL AND FANCIFUL ILLUSIONS OF FRAUD. THIS

BILL IS NOT GOING TO DISENFRANCHISE VOTERS OR ALLOW RAMPANT FRAUD, IT'S

GOING TO DO JUST THE OPPOSITE. IT'S GOING TO MAKE SURE THAT NEW

YORKERS ARE ABLE TO VOTE ABSENTEE AND HAVE THAT BALLOT COUNTED. FOR

TOO OFTEN WE HAVE ALLOWED FOR ERRONEOUS ERRORS TO INVALIDATE ABSENTEE

BALLOTS, AND HAVE ALLOWED FOR A DRAWN-OUT PROCESS OF CERTIFYING THOSE

NYS ASSEMBLY FEBRUARY 9, 2022

ELECTIONS. THIS BILL CORRECTS BOTH OF THOSE. STORIES OF FRAUD WHERE YOU

HAVE TO COMMIT MAIL FRAUD, YOU HAVE TO COMMIT IDENTITY THEFT TO THEN

GET TO THE PLACE WHERE YOU WERE ABLE TO SUBMIT AN ABSENTEE BALLOT

FRAUDULENTLY ARE STORIES. THEY'RE JUST THAT. THIS IS UNTRUE. THESE ARE

CANARDS. AND IT'S IDEAS LIKE THIS THAT ARE PUT FORWARD TAKE AWAY THE

FAITH IN OUR ELECTORAL SYSTEM. THIS BILL ALLOWS FOR CANDIDATES TO ASSERT

JUST AS MANY RIGHTS. THEY HAVE ABILITIES TO PUSH BACK IF THEY SEE

FRAUDULENT PRACTICES. OUR BOARD OF ELECTIONS HAS THE ABILITY TO PUSH

BACK AGAINST FRAUDULENT PRACTICES. WHAT THIS BILL DOESN'T ALLOW IS FOR

MINUSCULE ERRORS TO INVALIDATE AN OTHERWISE VALID BALLOT. WHAT THIS BILL

DOES IS MAKE SURE THAT WE EFFICIENTLY AND EFFECTIVELY COUNT ABSENTEE

BALLOTS SO THAT NEW YORKERS HAVE FAITH IN THEIR ELECTIONS.

AND FOR ALL OF THOSE REASONS I SUPPORTED THE BILL

PREVIOUSLY, I SUPPORT THE BILL TODAY AND I HOPE THAT MY COLLEAGUES WILL

DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 7806. 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, SIR. THIS VOTE IS A

NYS ASSEMBLY FEBRUARY 9, 2022

PARTY VOTE. THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS

BILL, BUT THOSE WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S

OFFICE AND WE WILL ENSURE THAT YOUR VOTE IS PROPERLY COUNTED.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: I WOULD LIKE TO REMIND MY

COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY

MEMBERS TO CONTACT THE OFFICE OF THE MAJORITY LEADER AND THEN YOUR

NAME WILL BE ANNOUNCED ACCORDINGLY.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I THINK THAT

THIS BILL -- I -- I UNDERSTAND IT'S A CHAPTER AMENDMENT. BUT I THINK THAT

THIS BILL IS A PERFECT EXAMPLE OF WHAT WE'VE SEEN IN THE LAST COUPLE OF

YEARS IN A COUPLE AREAS, CRIMINAL JUSTICE BEING ONE, VOTING -- VOTING

ISSUES, ELECTION ISSUES BEING ANOTHER. TOO MANY CHANGES AT ONCE

CAUSING AN OVERALL PROBLEM. SO, THE VOTERS LAST YEAR, LAST NOVEMBER,

REJECTED NO EXCUSE ABSENTEE VOTING. BUT A COUPLE OF WEEKS AGO THIS

BODY SAID THAT DESPITE THAT WE'RE GOING TO ALLOW ESSENTIALLY NO EXCUSE

ABSENTEE VOTING GOING THROUGH THE REST OF THIS YEAR. SO WHAT HAPPENS

WHEN YOU ALLOW NO EXCUSE ABSENTEE VOTING IS YOU GET A LOT OF ABSENTEE

NYS ASSEMBLY FEBRUARY 9, 2022

BALLOTS COMING IN. SO, BUT INSTEAD OF RECOGNIZING THAT THAT IS GOING TO

(INAUDIBLE) A DELAY GETTING ELECTION RESULTS, A BILL LIKE THIS COMES UP

WHICH I THINK REALLY MISHANDLES THE ISSUE FOR ALL THE REASONS THAT MY

COLLEAGUE HAS STATED. AND I WON'T RESTATE THEM.

SO I DON'T SUPPORT THIS BILL. I DON'T -- AND THEN -- AND

THEN OF COURSE WE'VE GOT THIS CHAPTER AMENDMENT TO GIVE MORE TIME FOR

THE BOARDS OF ELECTIONS TO IMPLEMENT WHAT I THINK WAS AN UNDERLYING

BAD BILL. SO, I'LL BE VOTING NO AS I DID TO THE BILL-IN-CHIEF. I WOULD

ENCOURAGE MY COLLEAGUES TO DO THE SAME. WHEN WE MOVE TOO FAST AND

WE TRY TO CHANGE TOO MANY THINGS AT ONCE, THIS IS WHERE WE FIND

OURSELVES. AND I THINK IT'S A CAUTIONARY TALE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 50.

THE CLERK: ASSEMBLY NO. A08791, RULES REPORT

NO. 50, ROZIC, COLTON, SAYEGH. AN ACT TO AMEND THE WORKERS'

COMPENSATION LAW, IN RELATION TO REQUIRING THE WORKERS'

COMPENSATION BOARD TO PROVIDE TRANSLATIONS OF CERTAIN DOCUMENTS AND

FORMS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

NYS ASSEMBLY FEBRUARY 9, 2022

ADVANCED.

MS. ROZIC, AN EXPLANATION HAS BEEN REQUESTED.

MS. ROZIC: CERTAINLY, MR. SPEAKER. THIS CHAPTER

AMENDMENT MAKES TECHNICAL CHANGES TO CHAPTER 622 OF LAST YEAR TO

CLARIFY THAT THE WORKERS' COMPENSATION BOARD SHALL PROVIDE TRANSLATION

OF FORMS WHICH THE BOARD CAN CREATE AND WHICH ARE ISSUED TO

EMPLOYEES. AND IT CLARIFIES THAT THE BOARD DOES NOT NEED TO TRANSLATE

DOCUMENTS WHICH ARE NOT PUBLISHED BY THE BOARD OR WHICH THE

EMPLOYEE WILL NEVER SEE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ROZIC, WILL YOU

YIELD?

MS. ROZIC: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MS. ROZIC. I -- I

LOOKED UP ON THE COMPUTER WHAT THE TEN MOST COMMON LANGUAGES WERE

IN NEW YORK STATE, AND I'M SURE YOU KNOW THEM AS WELL. AND OF

COURSE ENGLISH IS NUMBER ONE. NOT SURPRISING. SPANISH IS NUMBER TWO

WITH ABOUT 19.4 PERCENT. CHINESE IS THIRD AT 3.1 PERCENT. RUSSIAN

1.35. OTHER INDO EUROPEAN, 1.3. ITALIAN, 1.2. AND THEN ALL OF THE REST

OF THEM ARE LESS THAN 1 PERCENT. SO MY FIRST QUESTION IS WHY DO WE

REQUIRE THE WORKERS' COMP BOARD TO PUBLISH ALL THEIR FORMS IN

LANGUAGES THAT ARE ONLY SPOKEN BY A FRACTION OF 1 PERCENT OF THE PEOPLE

NYS ASSEMBLY FEBRUARY 9, 2022

IN NEW YORK STATE?

MS. ROZIC: I THINK IT'S ESSENTIAL FOR ANY WORKER WHO

HAS LIMITED ENGLISH PROFICIENCY TO BE ABLE TO COMMUNICATE AND TO

UNDERSTAND THE FORMS THAT THEY HAVE TO FILL OUT.

MR. GOODELL: IF THE FORM IS TRANSLATED BY THE

WORKERS' COMP BOARD INTO TAGALOG, FOR EXAMPLE, DO WE ANTICIPATE

THAT THE PERSON WHO IS FILLING OUT THE WORKERS' COMPENSATION FORM

WILL FILL IT OUT IN THEIR NATIVE LANGUAGE?

MS. ROZIC: I PRESUME THAT THERE ARE A STANDARD SET

OF FORMS THAT THE WORKERS' COMPENSATION BOARD PUTS OUT THAT WILL BE

STANDARDIZED AND WILL BE TRANSLATED IN ALL OF THESE TEN LANGUAGES.

MR. GOODELL: SO, IF AN INDIVIDUAL FILLS OUT A

WORKERS' COMP FORM AND -- AND THEY CAN BE FILLED OUT IN -- IN

LONGHAND AND -- AND IF THEY FILLED IT OUT IN CHINESE -- MANDARIN, FOR

EXAMPLE, IS THE THIRD MOST COMMON, OR CANTONESE -- IS THERE SOMEONE

AT THE WORKERS' COMP BOARD, THEN, THAT'S GOING TO TAKE THE ANSWERS

THAT ARE WRITTEN IN CHINESE SYMBOLS -- I MEAN, LETTERS, WORDS, AND

TRANSLATE THAT INTO ENGLISH SO THAT THE EMPLOYER CAN UNDERSTAND THE

ANSWERS?

MS. ROZIC: LAST YEAR UNDER THE CHAPTER THERE WAS A

LANGUAGE ACCESS COORDINATOR THAT WAS INCLUDED IN THE BILL. THAT IS NOT

SUBJECT TO THE CHAPTER AMENDMENT THAT WE'RE DISCUSSING RIGHT NOW.

MR. GOODELL: AND -- AND IF YOU CAN REFRESH MY

RECOLLECTION, WHO TRANSLATES THE CHINESE SO THAT THE EMPLOYER CAN

UNDERSTAND WHAT THE CLAIM IS? OR SO THAT THE WORKERS' COMP BOARD

NYS ASSEMBLY FEBRUARY 9, 2022

ITSELF CAN UNDERSTAND THE CLAIM?

MS. ROZIC: THE WORKERS' COMP BOARD HAS A LOT OF

PROFESSIONALS WHO WORK THERE. THEY ARE ABLE TO FIGURE THAT OUT. THE

LANGUAGE ACCESS COORDINATOR CAN WORK WITH BOTH THE BOARD, THE

EMPLOYEES WHO WORK THERE TO HELP THESE EMPLOYEES.

MR. GOODELL: NOW, OF COURSE AS YOU KNOW, IF

THERE'S A DISPUTE BETWEEN AN EMPLOYEE AND EMPLOYER OVER WHETHER OR

NOT THE INJURY OCCURRED SAY ON THE JOB OR -- OR AS A RESULT OF AN

UNRELATED CAR ACCIDENT THAT WAS NOT RELATED TO EMPLOYMENT, FOR

EXAMPLE, THEY CAN HAVE A HEARING. IS THAT HEARING GOING TO BE HELD IN

CHINESE OR IS IT GOING TO BE HELD IN ENGLISH?

MS. ROZIC: AGAIN, THAT IS NOT SUBJECT TO THIS CHAPTER

AMENDMENT. THIS CHAPTER AMENDMENT ONLY CLARIFIES WHICH DOCUMENTS

THE WORKERS' COMP BOARD MUST HAVE AVAILABLE IN THE TOP TEN

LANGUAGES.

MR. GOODELL: I SEE. AND ASSUMING THAT EITHER THE

EMPLOYER AT ITS OWN EXPENSE OR THE WORKERS' COMPENSATION BOARD

TRANSLATES THE CHINESE ANSWERS, QUESTIONS AND ANSWERS INTO ENGLISH

AND THE EMPLOYER THEN RESPONDS, PERHAPS REQUESTING A HEARING, FOR

EXAMPLE, DOES THIS BILL REQUIRE THE WORKERS' COMPENSATION BOARD THEN

TO TRANSLATE THE EMPLOYER'S RESPONSE INTO CHINESE?

MS. ROZIC: NO.

MR. GOODELL: OKAY. THANK YOU VERY MUCH, MS.

ROZIC FOR CLARIFYING THAT.

ON THE BILL, MR. SPEAKER.

NYS ASSEMBLY FEBRUARY 9, 2022

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I APPRECIATE THE FACT THAT NEW YORK

STATE HAS SO MANY DIVERSE NATIONALITIES AND BACKGROUNDS, AND THAT

DIVERSE MIX REALLY, REALLY ENRICHES NEW YORK STATE. AND JUST FROM MY

OWN PERSPECTIVE, MY GRANDPARENTS IMMIGRATED TO THE UNITED STATES

AND WHEN THEY ARRIVED THEY COULDN'T SPEAK ENGLISH. BUT ONE OF THE

FIRST THINGS THEY REALIZED IS THAT THE FASTER THEY COULD SPEAK ENGLISH, THE

NATIVE LANGUAGE, THE EASIER IT WOULD BE FOR THEM TO GET A JOB AND TO

HELP THEIR KIDS IN SCHOOL AND THEN ASSIMILATE INTO THE UNITED STATES.

AND THE GREAT COROLLARY TO OUR WEALTH OF DIVERSITY IS THE FACT THAT THAT

DIVERSITY ALSO INTEGRATES AND ASSIMILATES WITHIN THE UNITED STATES. TO

BE HONEST, I -- I CAN'T READ CHINESE. IT DOESN'T EVEN USE, AS YOU KNOW,

ANY LETTERS, ENGLISH LETTERS. I HAD A FRIEND ONCE WHO COULD WRITE AND

SPEAK CHINESE, TO TAKE A BUSINESS CARD AND -- AND TRANSLATE IT INTO

ENGLISH -- OR INTO CHINESE AND I WAS REALLY HOPING HE DIDN'T SAY

ANYTHING OBSCENE ABOUT ME IN THE TRANSLATION. SO THIS BILL SAYS, OKAY,

WE'RE GOING TO PRODUCE ALL THE WORKERS' COMP FORMS IN THE TOP TEN

LANGUAGES: FRENCH, KOREAN, ITALIAN, RUSSIAN, CHINESE, SPANISH,

ENGLISH. AND AS THE SPONSOR POINTED OUT, PRESUMABLY THE EMPLOYEE

WILL BE ABLE TO FILL OUT THE FORM IN THEIR OWN LANGUAGE. SO NOW AN

EMPLOYER GETS A FORM THAT'S IN CHINESE. IT WOULD BE -- THIS -- IT MAY --

I MEAN, MAYBE THE EMPLOYER'S CHINESE SO IT'S NOT AN ISSUE. IF THEY'RE

NOT CHINESE THEY GET A FORM IN CHINESE WHICH THEY CAN'T READ, WITH

ANSWERS THEY CAN'T READ THAT WILL AFFECT THEIR WORKERS' COMP RATE FOR

NYS ASSEMBLY FEBRUARY 9, 2022

YEARS TO COME. SOMETIMES WE NEED THE COMMONALITY IN NEW YORK

STATE. AND SO WHILE WE CAN RECOGNIZE AND CELEBRATE OUR DIVERSITY AND

OUR CULTURAL DIFFERENCES, WE NEED A COMMONALITY. THE EMPLOYER

SHOULD BE ABLE TO READ WHAT THE QUESTIONS ARE ON THE FORM THAT WAS

FILLED OUT BY THE EMPLOYEE. I MEAN -- AND HE OUGHT TO BE ABLE TO READ

WHAT THE ANSWERS ARE. AND AS A MATTER OF FAIRNESS TO THE EMPLOYEE, THE

EMPLOYEE OUGHT TO BE ABLE TO READ OR ARRANGE FOR SOMEONE TO HELP

THEM READ THE EMPLOYER'S RESPONSE. AND OF COURSE SUBMITTING THE

APPLICATION IS JUST THE FIRST STEP IN THE PROCESS. IF THE EMPLOYER

CHALLENGES IT AND GOES TO A HEARING, THAT HEARING IS GOING TO BE IN

ENGLISH. THE MEDICAL EXPERTS OR THE REHABILITATION EXPERTS, THEY'RE

GOING TO TESTIFY IN ENGLISH. ARE WE NEXT GOING TO REQUIRE THE WORKERS'

COMPENSATION BOARD TO PROVIDE TRANSLATORS IN MULTIPLE LANGUAGES FOR

ALL THESE HEARINGS? MAYBE THAT'S NEXT.

SO WHILE I APPRECIATE THE DESIRE TO MAKE IT EASIER FOR

PEOPLE WHO USE A DIFFERENT ALPHABET OR NO ENGLISH ALPHABET AT ALL LIKE

CHINESE, MANDARIN, CANTONESE, IT JUST PRESENTS PRACTICAL ISSUES THAT ARE

NOT ADDRESSED BY EITHER THE ORIGINAL BILL OR BY THIS CHAPTER AMENDMENT.

AND THAT'S WHY I THINK WE SHOULD WORK ON THIS AND ADDRESS AND SOLVE

THOSE ANSWERS BEFORE WE MOVE FORWARD WITH LEGISLATION THAT CREATES

MORE PROBLEMS THAT WE HAVE NOT YET ADDRESSED LEGISLATIVELY.

FOR THAT REASON, I WILL BE RECOMMENDING AGAINST IT.

THANK YOU, MR. SPEAKER. AND AGAIN, THANK YOU TO MY COLLEAGUE FOR

HER ANSWERS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY FEBRUARY 9, 2022

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 7843. 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, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE WILL

PROPERLY RECORD THEIR VOTE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE GENERALLY IN FAVOR OF THIS

PIECE OF LEGISLATION. HOWEVER, THERE MAY BE A FEW WHO DIFFERENCE AND

THEY'RE WELCOME TO CALL THE MAJORITY LEADER'S OFFICE AND WE'LL BE

PLEASED TO RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I ACTUALLY RISE TO

NYS ASSEMBLY FEBRUARY 9, 2022

COMMEND THE SPONSOR OF THIS LEGISLATION. I REALIZE THAT, YOU KNOW, IN A

SOCIETY WHERE THERE ARE SO MANY PEOPLE JOINING OUR COMMUNITIES THAT

SPEAK SO MANY DIFFERENT LANGUAGES, THERE IS REALLY NO EXCUSE FOR US NOT

BEING WILLING TO COMMUNICATE WITH THEM. IN FACT, WE'D LIKE TO EMPLOY

THEIR OPPORTUNITIES ON OUR JOBS, BE IT FARMS OR IN FACTORIES, OR THERE ARE

A NUMBER OF COMPANIES IN AND AROUND THE GREAT CITY OF BUFFALO WHO

ACTUALLY SEEK OUT OUR NEW IMMIGRANT POPULATIONS TO WORK FOR THEM.

SO AT A MINIMUM, IF FOLKS ARE INTERESTED IN HAVING YOU EMPLOY WITH

THEM, THEY SHOULD BE INTERESTED IN HAVING OPPORTUNITIES FOR YOU NOT

ONLY TO UNDERSTAND WHAT YOU'RE SAYING TO THEM BUT WHAT WE'RE SAYING

TO THEM. IN THIS -- I THINK SOMETIMES AS AMERICANS WE GET A LITTLE

TAKEN ABACK BECAUSE WE THINK EVERYBODY SHOULD SPEAK LIKE WE SPEAK.

MAYBE THEY SHOULD SPEAK LIKE WE SPEAK AND MAYBE WE SHOULD SPEAK

LIKE THEY SPEAK AS WELL. BUT WE WON'T EVER HAVE AN OPPORTUNITY TO

ENGAGE OURSELF AND HAVING DIFFERENT CONVERSATIONS IN DIFFERENT

LANGUAGES IF WE WON'T BE WILLING TO DO THE SMALL THINGS LIKE ALLOW THERE

TO BE A TRANSLATOR ON THE SPOT. OR TO ALLOW A PERSON TO FILL OUT AN

APPLICATION IN SOMETHING THAT THEY CAN UNDERSTAND AND THEN HAVE A LOT

OF -- TO BE THEIR RESPONSIBILITY TO FIGURE OUT WHAT THAT APPLICATION SAYS

BECAUSE YOU'RE THE ONE WHO WANTED TO COMMUNICATE WITH THEM. I

THINK WE HAVE TO OPEN OURSELVES UP TO THE GROWING OF OUR SOCIETY NOT

JUST IN TERMS OF THIS DIVERSITY IN PEOPLE, BUT ITS DIVERSITY IN LANGUAGE AS

WELL.

SO I'M GOING TO COMMEND THE SPONSOR OF THIS

LEGISLATION FOR PUSHING THAT AGENDA FORWARD.

NYS ASSEMBLY FEBRUARY 9, 2022

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 53.

THE CLERK: ASSEMBLY NO. A08798, RULES REPORT

NO. 53, CRUZ. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021 ENACTING

THE "REIMAGINING LONG-TERM CARE TASK FORCE" CREATING A TASK FORCE

TO STUDY THE STATE OF LONG-TERM CARE SERVICES IN THIS STATE, AS PROPOSED

IN LEGISLATIVE BILLS NUMBERS S.598-B AND A.3922-A, IN RELATION TO THE

MEMBERSHIP OF SUCH TASK FORCE AND THE EFFECTIVENESS OF SUCH

PROVISIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

AN EXPLANATION IS REQUESTED, MS. CRUZ.

MS. CRUZ: THANK YOU, MR. SPEAKER. THIS IS AN ACT

TO AMEND A CHAPTER OF THE LAWS OF 2021 ENACTING THE "REIMAGINING

LONG -- LONG-TERM CARE TASK FORCE, CREATING A TASK FORCE TO STUDY THE

STATE OF LONG-TERM CARE SERVICES IN -- IN THE STATE AS PROPOSED IN

LEGISLATIVE BILLS NUMBERS S.590-B AND A.3922-A IN RELATION TO THE

MEMBERSHIP OF SUCH TASK FORCE AND THE EFFECTIVENESS OF SUCH

PROVISIONS.

ACTING SPEAKER AUBRY: MS. WALSH.

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

NYS ASSEMBLY FEBRUARY 9, 2022

SPONSOR YIELD FOR JUST A QUICK QUESTION?

ACTING SPEAKER AUBRY: MS. CRUZ --

MS. CRUZ: YES.

ACTING SPEAKER AUBRY: -- WILL YOU YIELD?

MS. CRUZ YIELDS.

MS. WALSH: THANK YOU SO MUCH. AS YOU KNOW,

LAST YEAR WHEN THE BILL-IN-CHIEF CAME UP THERE WAS -- IT WAS ALMOST

UNANIMOUS SUPPORT WITHIN THE CHAMBER FOR -- FOR THE BILL. SO I DID

NOTICE, THOUGH, THAT WHEN WE WE'RE TALKING ABOUT THE CHAPTER

AMENDMENT THAT A FEW THINGS CHANGED. SO I'D LIKE TO JUST GO THROUGH

THAT FOR THE BENEFIT OF -- OF OUR COLLEAGUES. THE ORIGINAL BILL AND THIS

CHAPTER AMENDMENT BOTH RECOGNIZE THAT THE TASK FORCE IS GOING TO HAVE

26 MEMBERS, CORRECT?

MS. CRUZ: THAT'S RIGHT.

MS. WALSH: BUT THE DIFFERENCE IS THAT THE CHAPTER

AMENDMENT CHANGES WHO GETS TO APPOINT THE DIFFERENT MEMBERS TO THE

TASK FORCE, DOESN'T IT?

MS. CRUZ: ARGUABLY I WOULD SAY IT'S JUST A CHANGE

OF WORDS. BUT IT'S STILL -- WE RECOMMEND AND SHE NEEDS TO -- WELL, I SAY

SHE, BUT THE GOVERNOR WOULD NEED TO BE THE ONE THAT ACTUALLY APPOINTS.

WE'RE CHANGING WORDS -- IN ESSENCE, IT'S THE SAME THING BECAUSE IT SAYS

SHE "SHALL", NOT SHE "MAY." SO SHE -- SHE STILL HAS TO APPOINT WHOEVER

WE RECOMMEND.

MS. WALSH: WELL, SO THEN I WOULD SAY THAT IF IT'S

REALLY THE SAME THING THEN WHY DID THE BILL -- WHY DID IT HAVE TO -- WHY

NYS ASSEMBLY FEBRUARY 9, 2022

DO WE NEED A CHAPTER AMENDMENT, THEN? WHY -- WHY DID THE LANGUAGE

CHANGE?

MS. CRUZ: IT'S IN ORDER TO MAKE IT CONSISTENT WITH

OTHER TASK FORCES IN THE SAME CHAPTER TO MAKE SURE THAT THE LANGUAGE IS

MORE OR LESS THE SAME.

MS. WALSH: ALL RIGHT. SO THE -- THE LANGUAGE SAID

-- THE LANGUAGE CHANGE THAT WAS MADE IN THIS CHAPTER AMENDMENT SAYS

THAT THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,

THE MINORITY LEADER OF THE ASSEMBLY AND THE MAJORITY LEADER, I

BELIEVE, OF THE SENATE ALL GET APPOINTMENTS ON THIS TASK FORCE. BUT THE

CHAPTER AMENDMENT ADDS THE LANGUAGE "ON THE RECOMMENDATION OF..."

SO THE GOVERNOR SHALL MAKE -- OH, SHALL MAKE -- SHALL -- SORRY, THERE

WAS A LITTLE BACKGROUND NOISE --

MS. CRUZ: NO WORRIES.

MS. WALSH: -- SHALL MAKE APPOINTMENTS, BUT ONLY

BASED ON THE RECOMMENDATION OF -- INSTEAD OF HAVING THE -- THOSE

LEADERS BE ABLE TO JUST MAKE THE APPOINTMENTS TO THE TASK FORCE

THEMSELVES, CHOOSE AND SELECT THE PEOPLE THAT THEY WANT TO HAVE ON THE

TASK FORCE AND HAVE THOSE PEOPLE GO ON, NOW THE GOVERNOR IS JUST

GOING TO TAKE THE RECOMMENDATION OF THESE INDIVIDUALS AND THEN MAKE

THE APPOINTMENTS. SO, THERE IS A DIFFERENCE. I MEAN, THEORETICALLY,

TECHNICALLY SPEAKING, BASED ON THE CHAPTER AMENDMENT'S LANGUAGE THE

GOVERNOR REALLY CONTROLS THOSE APPOINTMENTS, DOESN'T SHE?

MS. CRUZ: WELL, THAT'S YOUR OPINION. OUR OPINION

AND OUR ANALYSIS IS THAT FROM THE GET-GO SHE GETS TO RECOMMEND -- SHE

NYS ASSEMBLY FEBRUARY 9, 2022

GETS TO APPOINT EVERYBODY ELSE ON THE TASK FORCE. WE GET TO

RECOMMEND AND SHE STILL HAS TO APPOINT. AGAIN, I GO BACK TO THE

CHANGE IN THE LANGUAGE THAT SAYS THAT WHILE WE NOW GET TO MAKE THE

RECOMMENDATION THAT -- THE DIRECT APPOINTMENT, SHE THEN HAS TO

BECAUSE -- TO ACTUALLY ACCEPT IT BECAUSE IT SAYS "SHALL." SHALL MAKE THE

APPOINTMENTS BASED ON OUR RECOMMENDATION. NOT THAT SHE MAY, NOT

THAT PERHAPS, BUT THAT SHE SHALL MAKE IT.

MS. WALSH: SO I JUST - I GET IT. I QUESTION WHY THAT

LANGUAGE IS EVEN ADDED BECAUSE, I MEAN --

MS. CRUZ: AS I SAID EARLIER -- AS I SAID EARLIER, IT'S

BECAUSE WE -- SHE IS -- HER -- THE EXECUTIVE WOULD LIKE TO MAKE SURE

THAT THE LANGUAGE IS IN LINE WITH OTHER LANGUAGE IN THE SAME CHAPTER

RELATED TO TASK FORCES. BECAUSE THIS ISN'T THE FIRST TIME THAT A SIMILAR

CHANGE HAS BEEN MADE. AS A MATTER OF FACT WE'VE BEEN DEBATING

SIMILAR LANGUAGE OVER THE PAST FEW DAYS HERE IN THE CHAMBER. IT'S

ABOUT CONSISTENCY.

MS. WALSH: OKAY. SO IF, FOR EXAMPLE, THE

MINORITY LEADER, JUST FOR EXAMPLE, RECOMMENDS JOE SMITH TO BE ON

THIS TASK FORCE AND HAS MADE THAT RECOMMENDATION TO THE GOVERNOR,

ARE YOU SAYING THAT SHE MUST THEN, SHE SHALL APPOINT JOE SMITH?

MS. CRUZ: YES.

MS. WALSH: OKAY. ALL RIGHT. I -- I HEAR YOUR

ANSWERS --

MS. CRUZ: I TRUST YOU WOULDN'T RECOMMEND

SOMEONE THAT PROBABLY SHOULDN'T BE RECOMMENDED, SO YES.

NYS ASSEMBLY FEBRUARY 9, 2022

MS. WALSH: OKAY. WELL, THAT'S INTERESTING. SO --

SO SHE STILL GETS TO -- THE GOVERNOR STILL GETS TO WEIGH IN IN DETERMINING

WHETHER OR NOT --

MS. CRUZ: OH, NO, NO, THAT'S MORE -- THAT'S MORE OF

A REFLECTION ON WHO YOU GUYS WILL RECOMMEND. EVEN IF YOU

RECOMMEND SOMEONE THAT THE REST OF US DOESN'T THINK SHOULD BE

APPOINTED, THE LANGUAGE IS CLEAR. IT SAYS "SHALL" APPOINT A PERSON BASED

ON THE RECOMMENDATION.

MS. WALSH: WELL, JUST FOR AN EXAMPLE, ALL RIGHT.

SO THIS -- THIS TASK FORCE IS GOING TO -- IT'S NOT AN INVESTIGATION, OUR

DEBATE LAST YEAR MADE THAT CLEAR. THIS TASK FORCE IS STUDYING THE STATE

OF LONG-TERM CARE SERVICES IN THIS STATE. LET'S JUST SAY THAT THE MINORITY

LEADER, JUST FOR EXAMPLE, WANTS TO USE HIS APPOINTMENT TO PUT

SOMEBODY ON WHO REPRESENTS A FOR-PROFIT NURSING HOME. SO, YOU

KNOW, WE KNOW THAT THERE'S BEEN SOME LEGISLATION IN THIS CHAMBER

OVER THE LAST, YOU KNOW, COUPLE OF YEARS KIND OF COMING DOWN ON

FOR-PROFIT NURSING HOMES. MAYBE THEY WERE KIND OF OUT OF FAVOR. BUT

YOU'RE SAYING THAT THE -- IF THE MINORITY LEADER WANTS TO PUT THAT

INDIVIDUAL ON THE TASK FORCE, THE GOVERNOR SHALL DO IT.

MS. CRUZ: THAT'S CORRECT.

MS. WALSH: OKAY. WELL, THANK YOU VERY MUCH FOR

YOUR ANSWERS, MS. CRUZ.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

NYS ASSEMBLY FEBRUARY 9, 2022

MS. WALSH: I DON'T WANT TO BELABOR THIS. I THINK

THAT THE TASK FORCE OVERALL IS -- IS A GOOD IDEA. I THINK THAT WE NEED TO

GET A BETTER HANDLE ON THE STATE OF LONG-TERM CARE SERVICES IN OUR STATE.

I THINK THAT AS I SPOKE ON THE BILL-IN-CHIEF LAST TIME, I WAS KIND OF

SAYING THAT I DON'T THINK THAT THIS LONG-TERM CARE TASK FORCE IS A

SUBSTITUTE, AN ADEQUATE SUBSTITUTE FOR AN INVESTIGATION INTO THE NURSING

HOME DEATHS THAT WERE EXPERIENCED DURING THE COVID PANDEMIC.

AND, YOU KNOW, I EXPRESSED MY -- MY HOPE LAST TIME AND I -- I RESTATE

IT NOW THAT WE CONTINUE TO LOOK AT THAT ISSUE. BUT THIS BILL AS IT STANDS,

I THINK, IS -- IS AN IMPORTANT INQUIRY AND I THINK THE TASK FORCE IS

IMPORTANT. I JUST -- I JUST -- I GUESS THE REASON WHY I WANTED TO STAND

UP AND TALK TO THE SPONSOR ABOUT THE CHAPTER AMENDMENT IS THAT

SOMETIMES CHAPTER AMENDMENTS ARE JUST CHANGING A DATE HERE, A

COUPLE OF WORDS THERE. BUT I THINK IT KIND OF RAISES OUR -- A LITTLE RED

FLAG IN OUR MINDS WHEN IT APPEARS TO BE GIVING THE GOVERNOR POWER TO

MAKE ALL APPOINTMENTS TO A TASK FORCE. BECAUSE AS YOU KNOW, WE HAVE

BEEN TALKING A LOT OVER THE LAST COUPLE OF YEARS ABOUT INAPPROPRIATE

CHECK AND BALANCE OF POWER AS BETWEEN OUR -- OUR DIFFERENT BRANCHES

OF GOVERNMENT. AND I THINK THAT WHEN SOMETHING AS INNOCENT AS THIS

CHAPTER AMENDMENT APPEARS TO SHIFT AUTHORITY TO -- TO THE EXECUTIVE

BRANCH OVER THAT OF THE LEGISLATURE, I THINK THAT SHOULD MAKE US ALL

KIND OF TAKE PAUSE. I COMPLETELY CREDIT WHAT THE SPONSOR OF THIS

CHAPTER AMENDMENT IS STATING AS TO THE TRUE INTENTION, AND I'M GLAD THAT

THAT'S GOING TO BE PART OF THE LEGISLATIVE RECORD. AND I CERTAINLY HOPE

THAT THE GOVERNOR WILL TAKE A LOOK AT THE PEOPLE THAT ARE BEING

NYS ASSEMBLY FEBRUARY 9, 2022

RECOMMENDED FOR THESE DIFFERENT APPOINTMENTS AND WILL NOT TRY TO

IMPOSE ANY TYPE OF CONTROL AND WILL JUST SIMPLY MAKE THE APPOINTMENT

AS THE SPONSOR HAS INDICATED.

SO WITH THAT, I WILL SUPPORT THE CHAPTER AMENDMENT.

BUT I DO THINK THAT WE ALWAYS HAVE TO BE CAREFUL TO -- TO MAKE SURE THAT

WE, AS A COEQUAL BRANCH OF GOVERNMENT, HAVE SOME CONTROL OVER THE

INDIVIDUALS THAT WE PUT ON THESE TASK FORCES. SO THANK YOU, MR.

SPEAKER.

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 PRINT 7776. 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.)

MS. MILLER TO EXPLAIN HER VOTE.

MS. MILLER: THANK YOU, MR. SPEAKER. I, TOO, WANT

TO SAY THAT I WILL SUPPORT THIS BILL. I'M INTIMATELY EXPERIENCED IN THE

NEED FOR STUDYING ISSUES OF LONG-TERM CARE. AND I DO ALSO JUST WANT TO

SAY THAT I WISH THAT THERE WAS MORE REPRESENTATION FROM BOTH HOUSES

THAN SO HEAVILY FROM THE EXECUTIVE BRANCH.

THAT BEING SAID, THIS WILL BE MY LAST BILL THAT I WILL BE

SPEAKING ON FROM THIS CHAMBER. AND I JUST WANT TO SAY IT'S BEEN AN

HONOR FOR ME TO BE ABLE TO SERVE IN THE NEW YORK STATE ASSEMBLY TO

NYS ASSEMBLY FEBRUARY 9, 2022

HELP THE PEOPLE IN MY DISTRICT AND ALL AROUND THE STATE. AFTER MUCH

SOUL SEARCHING, I HAVE DECIDED TO RESIGN FROM MY SEAT AS OF THIS

COMING TUESDAY. IT'S NO SECRET THAT THE REASON I RAN FOR THE ASSEMBLY

WAS BECAUSE OF MY EXPERIENCES AS A PARENT OF CHILDREN WITH SPECIAL

NEEDS. I WANTED TO MAKE A DIFFERENCE AND REPRESENT THE MOST

VULNERABLE PEOPLE IN OUR SOCIETY, PEOPLE WHO DESPERATELY NEED A VOICE

IN GOVERNMENT. INDEED, I HAVE WORKED VERY HARD TO HELP PEOPLE LIKE

OLIVER WHO IS DEVELOPMENTALLY DISABLED AND MEDICALLY FRAIL. IT'S ALSO

NO SECRET THAT DUE TO LACK OF HOME NURSING CARE, I HAVE BROUGHT OLIVER

UP HERE TO ALBANY WITH ME EVERY YEAR SO THAT I COULD DO MY WORK FOR

THE PEOPLE. COVID HAS NOT BEEN EASY FOR ANYONE, ESPECIALLY THOSE

WITH SPECIAL NEEDS. MANY WHO COULD NOT GET THE CARE THAT IS SO VITAL TO

THEIR WELL-BEING, AND OLIVER WAS NO EXCEPTION. HE HAS REGRESSED AND

IS VERY FRAIL. AND I CAN NO LONGER IN GOOD CONSCIENCE BRING HIM TO

ALBANY EVERY WEEK FOR THE NEXT FOUR MONTHS. I NEED TO DO WHAT'S BEST

FOR MY SON. AT THE SAME TIME, I DO BELIEVE IN THE ADAGE "OUT OF

ADVERSITY COMES OPPORTUNITY." I'VE BEEN PRESENTED WITH AN OPPORTUNITY

TO CONTINUE MY WORK HELPING CONSTITUENTS AND VULNERABLE PEOPLE AS I

AM ACCEPTING AN APPOINTMENT TO THE TOWN OF HEMPSTEAD COUNCIL.

THIS WOULD ENABLE ME TO CONTINUE TO MAKE A POSITIVE DIFFERENCE FOR

THE RESIDENTS WHOM I WILL SERVE. AT THE SAME TIME IT WILL AFFORD ME THE

ABILITY TO BE CLOSE TO HOME AND TO OLIVER.

I AM SO VERY GRATEFUL FOR THE HONOR OF BEING ABLE TO

SERVE IN THIS HOUSE. THANK YOU.

(APPLAUSE/STANDING OVATION)

NYS ASSEMBLY FEBRUARY 9, 2022

ACTING SPEAKER AUBRY: MS. MILLER IN THE

AFFIRMATIVE.

MAY I JUST SAY, MS. MILLER, YOU HAVE BROUGHT A CERTAIN

SOMETHING TO THIS HOUSE WITH YOUR FAMILY AND YOUR DEVOTION TO EACH

OTHER. I THINK IT WILL LONG BE REMEMBERED AND LONG BE CREDITED TO YOU

AND YOUR FAMILY, AND WE WISH YOU SO MUCH SUCCESS IN WHEREVER YOU

GO. BUT REMEMBER, ONCE A MEMBER, ALWAYS A MEMBER. SO WHENEVER

YOU WANT TO COME BACK, BRING THEM ALL BACK. THANK YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE AND AT THE SAME TIME

HONOR MY COLLEAGUE WHO JUST SPOKE. I AM HEARTENED BY THE FACT THAT

WE STARTED OUT TODAY CELEBRATING BLACK HISTORY MONTH AND PUSHING UP

TO UNDERSTANDING THE VALUE OF UNDERSTANDING EVERYONE'S HISTORY. THAT

WE ALSO CELEBRATED A CALL FOR THE GOVERNOR TO ACKNOWLEDGE STUDENTS

WITH -- WITH DISABILITIES ADVOCACY DAY. A POWERFUL STATEMENT TO BE

STATING FROM A HOUSE LIKE THIS. AND THEN WE ALSO TALKED ABOUT P.S. I

LOVE YOU, WHICH IS ANOTHER REALLY, REALLY POWERFUL MESSAGE THAT NEEDS

TO GET OUT MUCH MORE OFTEN, PARTICULARLY AS IN -- IN LIGHT OF THE FACT

THERE -- THAT THERE ARE SO MANY BULLIES IN THE WORLD. AND THEY'RE

EVERYWHERE. THEY SHOW UP ON THE MEDIA EVERY NIGHT. SOME OF THEM

ARE ELECTED IN OUR NATIONAL GOVERNMENT, IN OUR LOCAL GOVERNMENT AND

EVEN IN OUR STATE GOVERNMENT. BUT I THINK ALL OF THESE MESSAGES

COMBINED WITH THE FACT THAT THERE IS A TASK FORCE IN CLEAR VIEW THAT WILL

NYS ASSEMBLY FEBRUARY 9, 2022

BEGIN LOOKING AT ISSUES AS THEY IMPACT PEOPLE'S LIVES WHO ARE IN NEED

OF LONG-TERM CARE. PEOPLE WHO NEED LONG-TERM CARE COME IN ALL COLORS,

ALL SHAPES, ALL SIZES AND ALL AGES. WE KNOW THAT BECAUSE WE KNOW

OLIVER. WE KNOW OLIVER BECAUSE HIS MOTHER HAS SHARED HIM WITH US.

AND SO, MR. SPEAKER, IT IS MY PLEASURE TO VOTE IN

SUPPORT OF THIS LEGISLATION AND ENCOURAGE MY COLLEAGUES TO BE MORE

COMPASSIONATE IN EVERY ASPECT OF LIFE. THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I'M GLAD WE ARE

MOVING FORWARD ON THE REIMAGINING LONG-TERM CARE TASK FORCE AND

I WILL BE VOTING IN FAVOR OF THIS LEGISLATION. AND I JOIN MY COLLEAGUES

IN EXTENDING OUR APPRECIATION TO ASSEMBLYMEMBER MISSY MILLER, WHO

BROUGHT A SPECIAL PERSPECTIVE, BACKGROUND AND EXPERIENCE TO THIS

LEGISLATIVE FLOOR. AND ALL OF US BENEFITTED FROM HER COMPASSION AND

HER EMPATHY AND HER KNOWLEDGE. AND SOMETIMES WE'RE NOT EVEN

AWARE OF WHAT AN IMPACT A PERSON CAN HAVE ON THIS CHAMBER. AND I

JUST WANT TO MENTION ONE INSTANCE. JUST LAST WEEK WE WERE GOING TO

THE CONSENT CALENDAR AND WE WERE ABOUT TO CONSENT A BILL THAT DEALT

WITH DISABILITIES. AND WE ACTUALLY HAD STARTED THE PARTY VOTE, ALL IN

FAVOR, WHEN I RECEIVED A PHONE CALL OR A TEXT MESSAGE FROM

ASSEMBLYWOMAN MISSY MILLER SAYING THERE'S A PROBLEM WITH THE

LANGUAGE OF THIS BILL. AND YOU MAY RECALL, MR. SPEAKER, THAT YOU

WITHDREW THE ROLL CALL AND WE LAID ASIDE THE BILL. AND THE BILL SPONSOR

NYS ASSEMBLY FEBRUARY 9, 2022

THEN CHANGED THE LANGUAGE IN THE BILL TO ADDRESS THE ISSUE THAT

ASSEMBLYMEMBER MISSY MILLER BROUGHT UP. AND IF I DIDN'T MENTION IT

RIGHT NOW, WITH THE EXCEPTION OF THE SPONSOR AND A COUPLE OF US, MOST

OF YOU WOULD PROBABLY NEVER KNOW THAT JUST WITHIN THE LAST FEW DAYS

MISSY MILLER HAS CHANGED LEGISLATION THAT WILL BE CONSIDERED BY THIS

HOUSE.

AND SO FOR ALL THE THINGS THAT MISSY MILLER HAS DONE

PUBLICLY AND PRIVATELY TO MAKE NEW YORK STATE BETTER FOR ITS RESIDENTS,

THANK YOU SO MUCH, MISSY.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. GOODELL.

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

RECORD MY COLLEAGUES MR. DIPIETRO AND MR. FRIEND IN THE NEGATIVE.

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.

PAGE 4, RULES REPORT NO. 55.

THE CLERK: SENATE NO. S07719, RULES REPORT NO.

55, SENATOR KENNEDY (A08800, CRUZ). AN ACT TO AMEND A CHAPTER OF

THE LAWS OF 2021 ESTABLISHING A PRIVATE STUDENT LOAN REFINANCE TASK

FORCE, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.2767-A AND

A.5423-A, IN RELATION TO ESTABLISHING A PRIVATE STUDENT LOAN REFINANCE

TASK FORCE.

NYS ASSEMBLY FEBRUARY 9, 2022

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 PRINT 7719. 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE DO HAVE A PIECE

OF HOUSEKEEPING.

AT THE REQUEST OF MR. ABINANTI, CALENDAR NO. 64, BILL

NO. A.1150, THE BILL IS STARRED.

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, FEBRUARY THE

10TH, TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00

P.M. ON FEBRUARY THE 14TH, MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 12:41 P.M., THE ASSEMBLY STOOD

NYS ASSEMBLY FEBRUARY 9, 2022

ADJOURNED UNTIL THURSDAY, FEBRUARY 10TH, THURSDAY BEING A LEGISLATIVE

DAY, AND TO RECONVENE ON MONDAY, FEBRUARY 14TH AT 2:00 P.M., THAT

BEING A SESSION DAY.)