TUESDAY, MARCH 2, 2021 2:28 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, MARCH 1ST.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY MARCH 2, 2021
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
FURTHER DISPENSE WITH THE READING OF THE JOURNAL OF MARCH THE 1ST AND
ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I WANT TO
WELCOME MY COLLEAGUES HERE BOTH IN THE CHAMBERS AND THOSE WHO ARE
WITH US REMOTELY. AS ALWAYS, I DO WANT TO START OUT WITH A QUOTE. I
MIGHT REMIND MY COLLEAGUES THAT TODAY IS THE BEGINNING OF WOMEN'S
HISTORY MONTH AND SO WE WANT TO START WITH AUDRE LORDES, WHO IS AN
AMERICAN WRITER, A FEMINIST, A WOMANIST, A LIBRARIAN, AND A CIVIL
RIGHTS ACTIVIST. MS. LORDES IS SHARING WITH US TODAY, IN OUR WORK AND
IN OUR LIVING, WE MUST RECOGNIZE THE DIFFERENCE -- THAT DIFFERENCE IS A
REASON FOR CELEBRATION AND GROWTH, RATHER THAN A REASON FOR
DESTRUCTION. AGAIN, MR. SPEAKER, THAT IS AUDRE LORDES.
MEMBERS HAVE ON THEIR DESK THE MAIN CALENDAR AS
WELL AS AN A-CALENDAR AND A B-CALENDAR. MR. SPEAKER, I WOULD NOW
MOVE TO ADVANCE THE A- AND B-CALENDARS.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A- AND B-CALENDAR ARE ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.
SPEAKER. WE HAVE 20 NEW BILLS ON THE MAIN CALENDAR TO CONSENT
BEGINNING ON PAGE 3 WITH CALENDAR NO. 117 THROUGH 136. WE HAVE 11
NEW BILLS ON THE A-CALENDAR, AS WELL AS THE CONCURRENT RESOLUTION FOR
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NYS ASSEMBLY MARCH 2, 2021
THE PURPOSES OF ELECTING FOUR REGENTS ON OUR B-CALENDAR. WE WILL
BEGIN TODAY WITH CALENDAR NO. 107 BY MS. HUNTER, AND WE WILL ALSO BE
TAKING UP THE CONCURRENT RESOLUTION ON THE REGENTS TODAY. I WILL
ANNOUNCE FURTHER LEGISLATION THAT MADE PROGRESS TODAY AS WE MOVE
FORWARD, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
MAJORITY LEADER. THERE IS AN AMENDMENT AT THE DESK - THE CLERK WILL
READ - ON THE HUNTER BILL.
THE CLERK: ASSEMBLY BILL NO. A02680, CALENDAR
NO. 107, HUNTER, VANEL. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO THE SUSPENSION OF A LICENSE TO DRIVE A MOTOR VEHICLE
OR MOTORCYCLE; AND TO AMEND CHAPTER 382 OF THE LAWS OF 2020
AMENDING THE VEHICLE AND TRAFFIC LAW RELATING TO THE SUSPENSION OF A
LICENSE TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE, IN RELATION TO THE
SUSPENSION OF A LICENSE TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE AND THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THERE IS AN
AMENDMENT AT THE DESK. MR. GOODELL --
MR. GOODELL: THANK YOU --
ACTING SPEAKER AUBRY: -- TO BRIEFLY EXPLAIN
THE AMENDMENT WHILE THE CHAIR EXAMINES IT.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. I DO OFFER THE AMENDMENT THAT YOU'RE REVIEWING, WAIVE ITS
READING, MOVE FOR ITS IMMEDIATE ADOPTION AND I APPRECIATE THE
OPPORTUNITY TO EXPLAIN THE AMENDMENT. WITH YOUR PERMISSION, I'LL
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NYS ASSEMBLY MARCH 2, 2021
EXPLAIN THE AMENDMENT AND WHY WE WISH TO PROCEED.
ACTING SPEAKER AUBRY: PLEASE PROCEED.
MR. GOODELL: THE BILL-IN-CHIEF IS A CHAPTER
AMENDMENT THAT RESTORES THE ABILITY OF THE DEPARTMENT OF MOTOR
VEHICLES TO SUSPEND SOMEBODY'S DRIVER'S LICENSE IF THEY IGNORE
REPEATED REQUESTS TO APPEAR IN COURT, OR OTHERWISE ADDRESS A TRAFFIC
INFRACTION, OR FAIL TO PAY A FINE. THE AMENDMENT CURBS THE EXECUTIVE'S
POWER. ABOUT A YEAR AGO, THE LEGISLATURE GAVE THE EXECUTIVE
EXTRAORDINARY POWER NOT JUST TO WAIVE LAWS, BUT ACTUALLY TO BASICALLY
REWRITE LAWS OR ISSUE EXECUTIVE ORDERS WITH THE FORCE AND EFFECT OF A
LAW. AND HE USED THAT EXECUTIVE AUTHORITY WHICH, BY STATUTE, WAS
SUPPOSED TO BE LIMITED TO THE CRISIS, A VERY NARROW AUTHORIZATION. HE
IGNORED ALL THE STATUTORY RESTRICTIONS THAT WERE CONTAINED IN THE
EXECUTIVE LAW WHEN HE EXERCISED HIS EMERGENCY AUTHORITY.
AND SO, FOR EXAMPLE, THE EXECUTIVE LAW SAID THAT HIS
ORDERS SHOULD BE TEMPORARY IN NATURE. HERE WE ARE A YEAR LATER AND
WE'RE STILL DEALING WITH SOME OF THE SAME EXECUTIVE ORDERS. THE
EXECUTIVE LAW SAID IT WOULD INVOLVE THE MINIMUM DEVIATION. BUT
THOSE EXECUTIVE ORDERS WEREN'T LIMITED TO HEALTH ISSUES OR RESPONDING
TO THE HEALTH ISSUE, IT INCLUDED EVERYTHING INCLUDING MULTIPLE
EXECUTIVE ORDERS DEALING WITH MOTOR VEHICLE AND TRAFFIC INFRACTIONS
AND EVERYTHING LIKE THAT, WHICH I'LL MENTION IN A MOMENT. THE -- THE
EXECUTIVE LAW REQUIRED THE GOVERNOR TO UTILIZE EXPERTS TO MINIMIZE
ANY UNINTENDED ADVERSE IMPACT, AND WE KNOW FROM THE NURSING HOME
FIASCO AND MANY OTHER SITUATIONS THAT SIMPLY DID NOT OCCUR.
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NOW, THE REASON WE'VE AUTHORIZED -- OFFERED THIS
AMENDMENT AS IT RELATES TO V AND T IS BECAUSE WE'VE SEEN THE
GOVERNOR USING EXTRAORDINARY POWER DEALING WITH ALMOST EVERY ASPECT
OF OUR V AND T LAW. WE SAW THE GOVERNOR SAY, YOU CAN DRIVE AFTER
YOUR LICENSE HAS EXPIRED. REALLY? HE SAID, YOU CAN DRIVE A CAR EVEN
AFTER THE REGISTRATION EXPIRES. HE SHUT DOWN ALL THE MOTOR VEHICLE
OFFICES FOR AN EXTENDED TIME PERIOD, EVEN THOUGH OUR MOTOR VEHICLE
OFFICES COULD OPERATE BY MAIL. HE SHUT THEM ALL DOWN FOR A LONG TIME.
HE CANCELLED ALL THE DRIVING TESTS. SO IF YOU WANTED A CDL, YOU WERE
JUST OUT OF LUCK. HE EXTENDED THE STATUTE OF LIMITATIONS ON MULTIPLE
THINGS. HE SHUT DOWN THE COURT SYSTEM FOR AWHILE.
SO HERE WE HAVE THE BILL-IN-CHIEF THAT DEALS WITH HOW
WE DEAL WITH TRAFFIC TICKETS, TICKETS SUCH AS DRIVING WITH AN EXPIRED
LICENSE, DRIVING AN UNREGISTERED VEHICLE, DRIVING A VEHICLE THAT DOESN'T
HAVE A PROPER INSPECTION, OR LICENSE PLATES. AND THIS BILL IS ABSOLUTELY
MEANINGLESS AS LONG AS THE GOVERNOR WITH UNCHECKED, UNFETTERED
POWER, WITH A STROKE OF A PEN OFTEN ANNOUNCING AT A PRESS CONFERENCE
BROAD CHANGES, CAN SIMPLY SAY, YOU CAN DRIVE WITHOUT A LICENSE, YOU
CAN DRIVE WITHOUT A REGISTRATION, YOU DON'T HAVE TO HAVE A NEW EYE
EXAM TO MAKE SURE YOU CAN SEE BECAUSE WE'RE WAIVING YOUR OBLIGATION
TO RENEW YOUR LICENSE. DON'T WORRY ABOUT SHOWING UP IN TRAFFIC COURT
BECAUSE WE'RE SHUTTING DOWN THE COURTS. DON'T BOTHER CONTACTING THE
DMV.
AND SO WHILE I APPRECIATE THE AMENDMENT AND I FULLY
SUPPORT THE SPONSOR'S DESIRE, I WANT TO MAKE SURE THAT THE SPONSOR'S
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AMENDMENT ACTUALLY MEANS SOMETHING. AND SO, UNDERSTANDING THAT I
HAVE GREAT RESPECT FOR MY COLLEAGUE WHO IS OFFERING THIS CHAPTER
AMENDMENT TO THE BILL-IN-CHIEF, UNDERSTANDING THAT MY COMMENTS ARE
IN SUPPORT OF HER, BECAUSE I WANT TO MAKE SURE THAT WHEN THIS
LEGISLATURE ACTS, WE DO NOT HAVE A GOVERNOR EXERCISING UNILATERAL,
UNFETTERED POWER TO SIMPLY REWRITE THE LAW AND RENDER THE BILL-IN-CHIEF
IRRELEVANT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
THE CHAIR HAS EXAMINED YOUR AMENDMENT AND FOUND
IT NOT GERMANE TO THE BILL BEFORE THE HOUSE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WE RESPECTFULLY
DISAGREE AND ASK THE HOUSE FOR AN OPPORTUNITY TO CHALLENGE YOUR
RULING.
ACTING SPEAKER AUBRY: YOU --
MR. GOODELL: WE ARE APPEALING YOUR DECISION.
ACTING SPEAKER AUBRY: YOU MAY APPEAL THE
RULING OF THE CHAIR AND SPEAK ON THE ISSUE OF GERMANENESS.
MR. GOODELL: THANK YOU, MR. SPEAKER, ON THE
ISSUE OF GERMANENESS. THERE IS NOTHING MORE IMPORTANT BEFORE THIS
LEGISLATURE THAN FOR THIS LEGISLATURE TO ASSERT ITS CONSTITUTIONAL ROLE AS
THE ONLY ENTITY WITH OUR COLLEAGUES IN THE SENATE TO HAVE THE AUTHORITY
TO ADOPT BILLS AND LAWS. UNDER OUR CONSTITUTION, IT'S NOT THE GOVERNOR
WHO CAN ENACT LAWS, IT'S THE STATE LEGISLATURE. WE NEED TO RESTORE
CHECKS AND BALANCES, AND AS LONG AS THE GOVERNOR BELIEVES THAT HE HAS
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THE ABILITY BY EXECUTIVE FIAT TO SIMPLY OVERRIDE ANY LAW THAT WE ADOPT
BY CLAIMING WITH OR WITHOUT CAUSE THAT IT IS SOMEHOW RELATED TO
COVID, OUR ROLE IS MINIMIZED AND THE BILL-IN-CHIEF CAN BE SIMPLY
IGNORED BY THE GOVERNOR SAYING, I DON'T CARE. YOU DON'T HAVE TO PAY
THE FINE UNTIL COVID IN SOME WAY IS DISSIPATED, YOU DON'T HAVE TO
SHOW UP IN COURT. YOU DON'T EVEN HAVE TO PAY ANY ATTENTION TO THOSE
TRAFFIC TICKETS. IF WE WANT THE BILL-IN-CHIEF TO BE VALID AND BE ASSURED
OF ITS VALIDITY, WE NEED TO CURB THE EXECUTIVE'S POWER. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL APPEALS
THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE HOUSE IS, SHALL THE
DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE HOUSE. THOSE
VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR. THOSE VOTING NO
VOTE TO OVERRIDE THE DECISION OF THE CHAIR.
MRS. PEOPLES-STOKES. NO?
MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. ON THE
ISSUE OF GERMANENESS. AS MY COLLEAGUE POINTED OUT, THERE IS NOTHING
MORE GERMANE TO THIS BODY THAN CHECKS AND BALANCES AT THIS MOMENT.
AND THIS BILL, WHILE IT MAY SEEM ODD TO BE TALKING ABOUT RESTORING
LEGISLATIVE CHECKS AND BALANCES IN OUR GOVERNMENT ON A VEHICLE AND
TRAFFIC AMENDMENT, IS A PERFECT EXAMPLE. BECAUSE YOU KNOW IT, TO MY
COLLEAGUES ACROSS THE AISLE, IT IS YOUR NAME, BECAUSE OF THE LETTER AFTER
YOUR NAME THAT SITS ON ALL OF THESE BILLS THAT COME BACK WITH CHAPTER
AMENDMENTS THAT THE EXECUTIVE FEEDS YOU CONSISTENTLY. THAT'S A LITTLE
JAB AT THE LEGISLATURE. BUT YOU'VE HAD MORE THAN A LITTLE JAB THIS PAST
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NYS ASSEMBLY MARCH 2, 2021
YEAR AND THAT'S WHY THIS IS SO GERMANE AND SO IMPORTANT.
THIS GOVERNOR HAS CONSISTENTLY BLOCKED INFORMATION
FROM THIS LEGISLATURE WHEN THEY'VE REQUESTED IT. NOT JUST MY OFFICE,
STONEWALLING, NOT ANSWERING ANY CORRESPONDENCE, IGNORING OUR
QUESTIONS OR TELLING US THEY'RE GOING TO CIRCLE BACK ON THEIR CONTROL
ROOM CALLS. BUT EVEN INTERNALLY WITHIN YOUR CONFERENCE, QUESTIONS,
REASONABLE QUESTIONS, REASONABLE CHECKS AND BALANCES ON THE
GOVERNOR, HE STONEWALLED YOU AS WELL. HE'S FAILED TO COMMUNICATE
WITH THE NEW YORK STATE PUBLIC AT LARGE, WITH THIS BODY. HE'S NAMED
EXECUTIVE ORDERS LAWLESS. THAT SHOULD HAVE BEEN TRIGGER NUMBER ONE
TO EVERYONE IN THIS ROOM THAT WE HAVE A PROBLEM WITH THE --
ACTING SPEAKER AUBRY: MR. --
MR. WALCZYK: -- GOVERNOR WHO'S RUNNING OUT OF
CONTROL --
ACTING SPEAKER AUBRY: MR. LAWLER [SIC],
PLEASE STAY ON THE BILL-IN-CHIEF, PLEASE, AND THE GERMANENESS OF THIS --
THIS AMENDMENT.
MR. WALCZYK: NO PROBLEM, MR. SPEAKER --
ACTING SPEAKER AUBRY: I'M SORRY. MR.
WALCZYK. SO ALIKE.
(LAUGHTER)
MR. WALCZYK: WITH CHAPTER AMENDMENTS LIKE
THIS SPECIFIC BILL, THE EFFECTIVENESS OF CHAPTER 382 OF THE LAWS OF 2020,
WHICH WE VOTED ON AND WE DEBATED IN THIS CHAMBER, THE GOVERNOR HAS
SAID, MAYBE BOTH HOUSES PASSED THIS PIECE OF LEGISLATION, BUT I'LL SIGN
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IT AS LONG AS YOU DO IT MY WAY. AND THAT IS PERFECTLY CONSISTENT. THAT'S
WHY THIS IS SO GERMANE. WE NEED TO RESTORE CHECKS AND BALANCES. AND
IF WE'RE GOING TO RIGHT THIS RELATIONSHIP WITH THIS GOVERNOR, IT'S GOING TO
TAKE AN AMENDMENT LIKE THE ONE THAT WE'VE PROPOSED ON THIS BILL. THE
GOVERNOR'S IGNORED SCIENCE. HE ISSUED A MANIFESTO IN THE MIDDLE OF
THIS CRISIS AND IS STILL PRETENDING THAT WE ARE IN A STATE OF AN EMERGENCY.
HE'S MADE CHANGES THAT HAVE SHUT DOWN BUSINESSES, INCREASED SUICIDE
RATES IN NEW YORK STATE, AND IF PEOPLE HAVEN'T LEFT THE STATE OR DIED,
THEY'RE HERE LOOKING AT US TODAY TO TAKE UP AN AMENDMENT LIKE THIS,
PASS THIS AND RESTORE LEGISLATIVE CHECKS AND BALANCES TO OUR
GOVERNMENT.
MR. SPEAKER, I VOTE YES ON THIS AMENDMENT AND I URGE
ALL OF MY COLLEAGUES, DEMOCRAT, REPUBLICAN, ANYONE WHO LIKES CHECKS
AND BALANCES TO DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
WITH MUCH ANTICIPATION, MR. LAWLER.
MR. LAWLER: ALL RIGHT. MR. SPEAKER, I APPRECIATE
IT. I WILL DO MY LEVELED BEST TO STAY ON THE TOPIC OF GERMANENESS.
ACTING SPEAKER AUBRY: I'LL BE RIGHT THERE
WITH YOU.
MR. LAWLER: THANK YOU, SIR. AS MY COLLEAGUES
HAVE STATED, IT IS CRITICALLY IMPORTANT THAT WE RETURN THIS BODY TO A
COEQUAL BRANCH OF GOVERNMENT. FOR A YEAR NOW, THIS BODY HAS
SUFFERED UNDER THE RULE OF ONE MAN, AND IT MUST END AND IT MUST END
TODAY. WE ARE ALL DULY-ELECTED. WE ARE HERE AS LEGISLATORS TO CREATE
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LAW. THAT IS WHY WE'RE HERE. WE'RE NOT HERE TO LISTEN TO AND -- AND
READ EXECUTIVES EDICTS, FIATS. WE ARE NOT HERE TO SERVE UNDER A
DICTATORSHIP.
THIS BODY GAVE UNILATERAL CONTROL OF THE PANDEMIC
RESPONSE WITH VERY LITTLE OVERSIGHT OR CONTROL. CAN ANYONE IN THIS
CHAMBER IMAGINE A SCENARIO IN WHICH THE SPEAKER OR THE MAJORITY
LEADER WOULD GIVE UP THEIR AUTHORITY TO THE PRESIDENT OF THE UNITED
STATES? NO, OF COURSE NOT. SO WHY DID WE DO THAT IN THIS BODY? IN
MY OPINION, IT'S AN ABDICATION OF OUR RESPONSIBILITY AND IT HAS RESULTED
IN NEW YORK STATE RESIDENTS LIVING UNDER A DICTATORSHIP SUBJECT TO THE
WHIMS OF A MAN WITH VERY LITTLE INTEGRITY.
I BELIEVE, ON THE ISSUE OF GERMANENESS, WE HAVE TO GET
BACK TO REGULAR ORDER. WE HAVE TO ENSURE THAT NEW YORKERS HAVE A
FUNCTIONING GOVERNMENT WHERE WE HAVE A COEQUAL BRANCH OF
GOVERNMENT WHERE THE LEGISLATURE IS RESPONSIBLE FOR MAKING THE LAWS.
WE'VE SEEN WHAT HAS HAPPENED. EVERY ONE OF US HAS RECEIVED CALLS
FROM OUR CONSTITUENTS, WHETHER IT HAS TO DO WITH DECISIONS MADE WITH
RESPECT TO NURSING HOMES, OR DECISIONS MADE WITH RESPECT TO SMALL
BUSINESSES, HOUSES OF WORSHIP, LOCAL GOVERNMENTS. AND YOU DON'T
HAVE TO TAKE MY WORD FOR IT, WE CAN TAKE THE ATTORNEY GENERAL'S WORD
FOR IT ABOUT THE DEVASTATING IMPACT THESE DECISIONS HAVE HAD ON OUR
CONSTITUENTS.
SO TODAY I ASK MY COLLEAGUES, WE HAVE AN OPPORTUNITY
TO ENSURE TRANSPARENCY, ACCOUNTABILITY, AND JUSTICE FOR ALL NEW YORKERS
BY REVOKING THE EXECUTIVE EMERGENCY POWERS OF THE GOVERNOR TODAY
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WITHOUT DELAY, WITHOUT HIDING BEHIND PROCEDURE. LET'S DO THE RIGHT
THING AND VOTE TO REVOKE THE GOVERNOR'S EXECUTIVE EMERGENCY POWERS
NOW. I IMPLORE ALL OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE TO JOIN
ME IN THIS VOTE BECAUSE IT IS THE RIGHT THING TO DO. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I RISE IN SUPPORT OF YOUR RULING, THE ONE IN WHICH YOU SAY THAT
THIS AMENDMENT IS NOT GERMANE TO ASSEMBLY BILL 2680, WHICH IS A
CHAPTER AMENDMENT. THE AMENDMENT THAT IS BEING PROPOSED BY OUR
COLLEAGUES, WITH ALL DUE RESPECT, AS YOU SAY IS NOT GERMANE. NOT ONLY
IS IT NOT GERMANE, MR. SPEAKER, BUT IN A LOT OF WAYS IT'S A LITTLE BIT
OFFENSIVE BECAUSE WE'VE BEEN AROUND THIS ISSUE OF A GLOBAL PANDEMIC
SINCE LAST YEAR, MARCH 2020. THIS IS NOW 2021. AND, IN FACT, MR.
SPEAKER IF THE THEN-PRESIDENT HAD NOT ABDICATED HIS AUTHORITY AND HIS
RESPONSIBILITY TO AMERICANS, WE PROBABLY WOULD NOT BE HERE AND STILL
IN A GLOBAL PANDEMIC. UNITED STATES OF AMERICA, THE GREATEST COUNTRY
IN THE WORLD, WOULD HAVE DEALT WITH THIS EARLY. WE WOULD HAVE BEEN
FINISHED BY AUGUST. BUT WE WERE NOT BECAUSE WE HAD, UNFORTUNATELY,
THE ONLY OPPORTUNITY WE HAD WAS TO MANAGE THIS THING STATE BY STATE BY
STATE, WHEN THERE ARE 50 STATES IN THIS COUNTRY. LAST YEAR THIS TIME, WE
WERE STILL TALKING ABOUT THIS AS IF IT'S A HOAX. ALMOST 40,000 NEW
YORKERS DIED, MR. SPEAKER, AS WE GOT THROUGH THIS.
THE AMENDMENT PROPOSED TO REVOCATE THE GOVERNOR'S
EMERGENCY POWERS CLEARLY IS NOT RELATED TO OUR COLLEAGUES' CHAPTER
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AMENDMENT. WE HAVE A COMMITTEE PROCESS, AND I WOULD ENCOURAGE
ALL MEMBERS TO INTRODUCE LEGISLATION AND ADVANCE IT THROUGH THE
COMMITTEE PROCESS, NOT SIMPLY TO ATTACH IT TO A BILL THAT OUR COLLEAGUE
HAS BEEN SPONSORING FOR AWHILE AND HAS NEGOTIATED A CHAPTER
AMENDMENT. THIS IS NOT JUST THROW SOMETHING UP ON THE WALL AND
HOPE IT STICKS, MR. SPEAKER, THIS IS REAL GOVERNMENT AND WE'RE TALKING
ABOUT REAL PEOPLE. I WOULD ASK THAT MY COLLEAGUES WILL JOIN ME IN
SUPPORTING YOUR RULING THAT THIS AMENDMENT IS NOT GERMANE.
ACTING SPEAKER AUBRY: JUST A REMINDER,
THOSE VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR. THOSE VOTING
NO VOTE TO OVERRIDE THE DECISION OF THE CHAIR.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER, FOR GIVING
ME AN OPPORTUNITY TO SPEAK ON THE AMENDMENT. THE -- IT'S IRONIC THAT
HERE WE ARE A YEAR TO THE DAY THAT I BROUGHT UP A RESOLUTION ON THE
ORIGINAL BILL ABOUT EXECUTIVE POWERS. AND IN THAT RES -- IN THAT
AMENDMENT, IT WAS ABOUT GIVING CHECKS AND BALANCES. I SAID IT WAS
EERILY FAMILIAR OF LATE MARCH AS A BUDGET BILL BECAUSE WE WERE
ACTUALLY DISCUSSING THIS LATE INTO THE EVENING OF MARCH 2ND. WE'RE
DOING THE SAME THING NOW, WHERE WE ARE TRYING TO PRESERVE CHECKS AND
BALANCES, AS IT IS OUR DUTY AS LEGISLATORS.
AT THAT TIME, MARCH 2ND, 2020 WE WERE ASKING THE
GOVERNOR TO GIVE THE LEGISLATURE A REPORT EVERY 30 DAYS ON HOW HE
SPENT $40 MILLION THAT WE ALLOCATED. AND BY ALL MEANS, WE ALL KNOW
WE WANTED TO DO EVERYTHING WE COULD FOR OUR COMMUNITY. WE HAVE
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THAT OPPORTUNITY AGAIN HERE NOW TO ENSURE THAT WE HOLD THE GOVERNOR'S
OFFICE ACCOUNTABLE, AND THE GOVERNOR HIMSELF. IF WE FAIL TO ACCEPT THIS
AMENDMENT, WE ARE ONCE AGAIN NEGLIGENT IN OUR DUTIES. AND THAT IS
SOMETHING THAT I SPOKE ABOUT PASSIONATELY A YEAR AGO TODAY. IT WAS THE
TOUGHEST VOTE I EVER HAD TO TAKE. HAVE THE COURAGE AND SUPPORT THIS
AMENDMENT. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. DIPIETRO.
MR. DIPIETRO: CAN YOU HEAR ME?
ACTING SPEAKER AUBRY: YES, WE CAN.
MR. DIPIETRO: OKAY. THANK YOU, MR. SPEAKER. I
WANT TO TALK ABOUT THE GERMANENESS, BUT ALSO, I'M A LITTLE UPSET THAT MY
BILL WHICH I PUT IN LAST YEAR, MAY 2ND, WAS THE LAST DAY BY STATE
CONSTITUTION THAT THIS GOVERNOR COULD HOLD EXECUTIVE POWER. SO, I
FIND IT A LITTLE OFFENSIVE TO ME TO BLAME A PRESIDENT. ALSO, WERE WE THE
ONLY COUNTRY THAT GOT COVID? IT SOUNDED LIKE AS IF WE HAD A DIFFERENT
PRESIDENT, WE WOULD BE COVID-FREE VERSUS THE REST OF THE WORLD. SO
WHEN YOU'RE TALKING ABOUT THIS BILL, THIS BILL, THIS GERMANENESS HAS
EVERYTHING TO DO WITH WHAT'S GOING ON WITH THIS GOVERNOR. AND I JUST
FIND IT ABOUT TIME THAT WE TAKE BACK THE POWER THAT WE ARE ELECTED TO
DO.
AND I ALSO FIND IT OFFENSIVE THAT IN THE MINORITY WHERE
WE CAN'T EVEN GET A BILL TO THE FLOOR THAT I WOULD HAVE TO LISTEN TO
PEOPLE TALK ABOUT ABUSING THEIR OWN POWER IN THE MAJORITY. PLEASE,
THIS IS A -- THIS -- WHILE WE SIT IN THE MINORITY AND HAVE VERY LITTLE
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RIGHTS, I DON'T NEED IT SHOVED DOWN MY THROAT, ALSO. SO I FIND THIS VERY
GERMANE TO THE FACT THAT IT'S THE MAJORITY WHO IS HOLDING THIS PROCESS
UP WITH THEIR REFUSAL TO TAKE ON THIS GOVERNOR AND THEIR REFUSAL TO FACE
WHAT'S GOING IN THIS STATE AND ALLOWING WHAT'S HAPPENED. WE'RE THE
WORST STATE OR THE SECOND WORST STATE IN THE ENTIRE COUNTRY. AND I'M
NOT GOING TO SIT HERE AND ALLOW THAT TO BE BLAMED ON US WHEN WE ARE --
OUR GOVERNOR IS A DICTATOR AND HAS PUT ALL THIS IN POWER, AND WE HAVE A
MAJORITY THAT REFUSES TO TAKE IT BACK. I'LL BE VOTING FOR THIS AND I HOPE
ALL MY COLLEAGUES DO, ALSO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. I WOULD JUST
LIKE TO REMIND MY COLLEAGUES ON THE ISSUE OF GERMANENESS THAT 76
VOTES FROM THIS BODY MEANS THAT THIS IS GERMANE. IT -- IT'S IN YOUR
HANDS. IT'S IN THE HANDS OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE
HERE TO COME UP WITH 76 VOTES TO REVOKE THE GOVERNOR'S EMERGENCY
POWERS. PLAIN AND SIMPLE. WE CAN MAKE AN ATTENUATED ARGUMENT AS
FAR AS GERMANENESS, OR WE CAN MAKE A GREAT ONE, BUT IN THE END YOU
DECIDE WHETHER THE GOVERNOR'S EXECUTIVE POWERS GO AWAY OR NOT.
AND MY PREVIOUS COLLEAGUE JUST MADE THE POINT THAT I
WISH TO MAKE AS WELL, THAT IT IS RATHER DISINGENUOUS IN MY OPINION TO
SUGGEST THAT WE, IN THE MINORITY, CAN JUST SIMPLY CRAFT LEGISLATION AND
SEND IT THROUGH THE COMMITTEE SYSTEM AND IT WOULD SOMEHOW
MAGICALLY COME TO THE FLOOR FOR AN UP OR DOWN VOTE. WOULD IT --
WOULD IT WERE ONLY THAT WAY, WOULD IT WERE ONLY THAT -- THAT PROCESS.
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WE -- WE KNOW BETTER. WE KNOW BETTER HOW THE PROCESS WORKS HERE.
MR. DIPIETRO, MY COLLEAGUE, INTRODUCED A BILL LAST YEAR. OVER IN THE
SENATE THERE IS A BILL THAT -- WHOSE LANGUAGE LOOKS VERY MUCH LIKE THE
AMENDMENT THAT WE ARE PROPOSING HERE. THAT'S NOT THE PROCESS WE
HAVE. SOMETIMES WE NEED TO TAKE IMAGINATIVE STEPS TO DO THE RIGHT
THING, AND I'M ASKING MY COLLEAGUES TO PLEASE, FIND THIS GERMANE. LET'S
PUT AN END TO THESE EXTRAORDINARY EMERGENCY POWERS ONE YEAR AFTER THE
FACT. IT'S TIME -- IT'S BEYOND TIME. PLEASE.
ACTING SPEAKER AUBRY: THE CLERK --
MS. HYNDMAN.
MS. HYNDMAN: THANK YOU, MR. SPEAKER. AS MY
COLLEAGUES HAVE SAID, WE WILL DECIDE AS A BODY WHEN TO REVOKE THE
GOVERNOR'S POWER. WE WILL DECIDE AS A BODY BASED ON THIS
AMENDMENT WHETHER OR NOT IT SHOULD COME, AND THE CHAIR HAS MADE A
DECISION THAT THIS IS NOT GERMANE TO MY COLLEAGUE'S BILL. AS A BODY, WE
STAND HERE BEFORE THE ENTIRE STATE OF NEW YORK AND WORK COLLECTIVELY
TO MAKE SURE THERE'S A PROCESS THAT WE ALL PARTAKE IN WHEN WE GET
SWORN IN, WHEN WE'RE SWORN -- AS AN OATH TO BE MEMBERS, WE DECIDE
WHAT THAT PROCESS IS. AND THIS HOUSE ON THIS DAY, WE ARE GOING TO
MAKE SURE WE STAND WITH THE CHAIR AND SAY THAT THIS IS NOT GERMANE TO
THIS BILL ON THIS DAY. WE'VE ALL BEEN HERE TO VOTE, WE'RE ALL BEEN HERE TO
DECIDE HOW THINGS WILL GO IN THIS CHAMBER, AND WE STAND TOGETHER AND
ON THIS SIDE OF THE AISLE TO MAKE SURE TO SAY THAT THIS -- THIS AMENDMENT
IS NOT GERMANE TO OUR COLLEAGUES'S BILL AND WE STAND AFFIRMATIVE IN THAT
DECISION.
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NYS ASSEMBLY MARCH 2, 2021
ACTING SPEAKER AUBRY: MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. I JUST
WANTED TO SAY THAT I DO FIND THIS BILL TO BE GERMANE. A MOMENT AGO,
ONE OF OUR FELLOW MEMBERS CALLED THIS AMENDMENT OFFENSIVE. I ASK
WHAT COULD BE MORE OFFENSIVE THAN THIS ADMINISTRATION ADMITTING TO
CRIMINAL OBSTRUCTION OF JUSTICE AS A RESULT OF THE EXTRAORDINARY POWERS
GRANTED TO THEM. THIS BILL IS GERMANE. I ASK THAT ALL MY FELLOW
COLLEAGUES DO THEIR JOBS, LEAVE POLITICS OUT, AND VOTE IN FAVOR OF THIS
BILL BEING GERMANE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO BE
RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. AS I UNDERSTAND
THE QUESTION, IT'S WHETHER THE SPEAKER'S DECISION THAT THIS IS NOT
GERMANE SHOULD BE SUSTAINED; IS THAT CORRECT?
ACTING SPEAKER AUBRY: YES.
MR. GOODELL: AND SO A NO VOTE MEANS THAT THE
BILL IS GERMANE AND SHOULD BE CONSIDERED. AND THE REPUBLICAN CAUCUS
WILL GENERALLY BE VOTING NO, WITH ALL DUE RESPECT TO YOU, SIR. EVEN THE
BEST OF US ONCE IN A WHILE MIGHT MAKE A MISTAKE. AND I HOPE THAT A
MAJORITY OF MY COLLEAGUES, WITH ALL DUE RESPECT TO YOU, SIR, BELIEVE THAT
IT WAS A MISTAKE NOT TO CONSIDER THIS -- THE BILL; HOWEVER, IF THERE ARE
16
NYS ASSEMBLY MARCH 2, 2021
REPUBLICANS WHO WOULD LIKE TO SUSTAIN YOUR RULING, SIR, I WOULD
ENCOURAGE THEM TO CALL THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I'D LIKE TO
REMIND OUR COLLEAGUES THAT THIS IS A PARTY VOTE, AS YOU SO APTLY STATED.
THE MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. SHOULD
THEY DECIDE TO BE AN EXCEPTION, THEY'RE PERFECTLY WILLING TO DO THAT. I
WOULD ENCOURAGE THEM NOT TO DO THAT, BUT THAT IS YOUR RIGHT. I ASK THAT
MAJORITY MEMBERS WHO WANT TO BE THAT EXCEPTION, JUST CONTACT THE
MAJORITY LEADER'S OFFICE AND LET US KNOW. THANK YOU SO MUCH, MR.
SPEAKER. AGAIN, ACCORDINGLY, WE WOULD LIKE THIS TO BE AN AFFIRMATIVE
VOTE BY ALL MAJORITY MEMBERS.
ACTING SPEAKER AUBRY: CERTAINLY. THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RULING OF THE CHAIR IS SUSTAINED.
ON THE BILL.
ON A MOTION BY MS. HUNTER, THE SENATE BILL IS BEFORE
THE HOUSE. THE SENATE BILL IS ADVANCED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
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NYS ASSEMBLY MARCH 2, 2021
MR. GOODELL: LAST YEAR, WE PASSED A BILL THAT DID
A COUPLE OF THINGS. IT WAS AIMED AT HELPING DRIVERS WHO DIDN'T HAVE A
LOT OF MONEY, AND IT DID TWO THINGS: IT OFFERED AN INSTALLMENT PAYMENT
PLAN AND IT ACTUALLY WAIVED ANY SUSPENSION OF DRIVING PRIVILEGES FOR
FAILURE TO PAY. THERE WERE A LOT OF CONCERNS THAT IF YOU DIDN'T HAVE ANY
SANCTION PROCESS AND THAT YOU DIDN'T HAVE YOUR LICENSE ULTIMATELY AT
RISK, THAT PEOPLE WOULD SIMPLY IGNORE THE TRAFFIC TICKETS. AND I WANT TO
EXPRESS MY APPRECIATION TO THE SPONSOR FOR THIS CHAPTER AMENDMENT.
I THINK THE CHAPTER AMENDMENT IS A GREAT CHAPTER AMENDMENT AND I
-- I CERTAINLY SUPPORT IT AND URGE MY COLLEAGUES TO DO THE SAME.
THE CHAPTER AMENDMENT RECOGNIZES THE IMPORTANCE
OF WORKING WITH PEOPLE WHO MAY HAVE TRAFFIC TICKETS AND FINES BASED
ON THEIR INCOME, SO IT CONTINUES AN INSTALLMENT PAYMENT METHOD SO THAT
THE -- THE COURTS CAN WORK WITH AN INDIGENT DRIVER WHO MAY HAVE
VIOLATED THE LAW. AND -- BUT REINSTATES THE ULTIMATE SUSPENSION OF THE
LICENSE IF YOU DON'T WORK WITH THE COURT, DON'T ANSWER THE FINE, OR DON'T
MAKE ANY PAYMENTS. AND SO, I THINK IT'S A GOOD BALANCE. I THINK THE
CHAPTER AMENDMENT IS A POSITIVE STEP AND, AGAIN, I -- I COMMEND MY
COLLEAGUE FOR MOVING FORWARD WITH THIS CHAPTER AMENDMENT.
ACTING SPEAKER AUBRY: MS. HUNTER.
ON THE BILL, MA'AM.
MS. HUNTER: THANK YOU, MR. SPEAKER. IN JULY,
WE PASSED THE DRIVER'S LICENSE SUSPENSION REFORM ACT. THIS BILL ENDS
THE UNJUST AND COUNTERPRODUCTIVE PRACTICE OF SUSPENDING DRIVERS'S
LICENSES FOR TRAFFIC DEBT AND ALLOWS PEOPLE WITH TRAFFIC DEBT TO PAY IT
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NYS ASSEMBLY MARCH 2, 2021
OVER TIME. AFTER MONTHS OF NEGOTIATIONS WITH THE GOVERNOR, WE CAME
TO AN AGREEMENT TO END DRIVER'S LICENSE SUSPENSIONS FOR UNPAID TRAFFIC
FINES AND TO AUTHORIZE PAYMENT OF TRAFFIC FINES AND FEE FINES BY
INSTALLMENT PLAN. WE ALSO AGREED THAT PEOPLE WHO DID NOT ANSWER THEIR
TRAFFIC TICKETS, OFTEN BECAUSE THEY COULD NOT AFFORD IT, WOULD HAVE THEIR
LICENSE REINSTATED WITHOUT NEEDING TO PAY THEIR TRAFFIC FINES. TOGETHER,
THESE CHANGES MEAN THAT NEW YORK WILL NO LONGER PUNISH DRIVERS JUST
BECAUSE THEY CANNOT AFFORD TO PAY. COURTS AND AGENCIES WILL STOP
SUSPENDING DRIVER'S LICENSES FOR UNPAID TRAFFIC FINES 30 DAYS AFTER THE
GOVERNOR SIGNS THIS AMENDMENT, AND PAYMENT PLANS WILL BE MADE
AVAILABLE JUNE 29TH OF THIS YEAR. ON THAT SAME DAY, DRIVER'S LICENSES
THAT ARE CURRENTLY SUSPENDED FOR UNPAID TRAFFIC FINES WILL BE REINSTATED.
I'M SPEAKING ON THE FLOOR TODAY, MR. SPEAKER, BECAUSE
I WANT TO BE CLEAR ON WHAT THESE AMENDMENTS MEAN FOR DRIVERS ACROSS
THE STATE. A SUSPENSION FOR FAILURE TO RESPOND TO A SUMMONS IS
DETERMINED BY ANSWERING A SUMMONS AT ANY TIME BEFORE THE TRAFFIC
VIOLATIONS BUREAU. THIS IS TRUE WHETHER THEY ANSWER BEFORE OR AFTER
DEFAULT JUDGMENT HAS BEEN ISSUED, AND WHETHER THEY CHOOSE TO ANSWER
BY ENTERING INTO A PAYMENT PLAN. NO PAYMENT OF ANY KIND IS REQUIRED
TO ANSWER OR CLEAR A SUSPENSION FOR FAILURE TO RESPOND TO A SUMMONS,
SIMPLY ANSWERING IS ENOUGH. AND SECOND, UNDER SECTION 4, SUSPENSION
FOR FAILURE TO ANSWER AN APPEARANCE TICKET IS DETERMINATED [SIC] BY
APPEARING AT ANY TIME AND IN ANY MANNER BEFORE THE TRAFFIC COURT OR
AGENCY. THIS IS TRUE WHETHER THEY APPEAR IN PERSON OR BY PHONE AS
PERMITTED BY THE SPECIFIC COURT OR AGENCY, WHETHER THEY APPEAR BEFORE
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NYS ASSEMBLY MARCH 2, 2021
OR AFTER DEFAULT JUDGMENT HAS BEEN ISSUED, AND WHETHER THEY CHOOSE TO
APPEAR BY ENTERING INTO PAYMENT PLAN. NO PAYMENT OF ANY KIND, AGAIN,
IS REQUIRED TO CLEAR A FAILURE TO APPEAR SUSPENSION; AGAIN, SIMPLY
APPEARING IS ENOUGH.
I BELIEVE THESE CLARIFICATIONS ARE NEEDED TO ENSURE THAT
DMV AND COURT SYSTEM IMPLEMENT THIS LAW THE WAY THE LEGISLATURE
INTENDED IT. NEW YORKERS SHOULDN'T HAVE TO LIVE IN FEAR OF LOSING A JOB,
MISSING A RENT PAYMENT, OR FORFEITING AN EDUCATION BECAUSE THEY
RECEIVED A SPEEDING TICKET AND, TODAY, WE BEGIN THE IMPORTANT WORK OF
IMPLEMENTING THIS LAW AND STOP CRIMINALIZING POVERTY IN OUR STATE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HUNTER.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE -- THE VOTE ON SENATE PRINT S-2558. 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 NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I -- I RISE TO COMMEND MY COLLEAGUE ON SPONSORING THIS
LEGISLATION. AS WE ALL KNOW, NEW YORK IS A VERY DIVERSE STATE AND A
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NYS ASSEMBLY MARCH 2, 2021
LOT OF US LIVE IN COMMUNITIES WHERE IF YOU DON'T HAVE ACCESS TO BE ABLE
TO USE YOUR CAR, YOU'RE NOT GOING TO HAVE THE ABILITY TO GET TO AND FROM
WORK. SO, PAYING ATTENTION TO THESE SORT OF DETAILS COULD LITERALLY MEAN
WHETHER OR NOT A FAMILY IS ABLE TO CONTINUE TO PAY THEIR UTILITY BILLS
AND/OR THE COST OF RAISING A FAMILY. AND SO, THIS LEGISLATION IS MORE
CRITICAL THAN WE KNOW. THERE WILL BE ONE DAY, MR. SPEAKER, WHEN WE
GET TO THE POINT WHERE PEOPLE CAN TRAVEL THROUGHOUT OUR STATE WITHOUT
NECESSARILY NEEDING TO OWN A CAR. BUT RIGHT NOW, THAT IS THE CASE AND
SO, AGAIN, I COMMEND MY COLLEAGUE AND I'M GRATEFUL TO HAVE THE
OPPORTUNITY TO SUPPORT THIS LEGISLATION.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MS. WALLACE.
MS. WALLACE: THANK YOU, MR. SPEAKER, FOR
GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO THANK THE
SPONSOR FOR BRINGING THIS BILL FORWARD. IT IS REALLY AN IMPORTANT PIECE
OF LEGISLATION. BEFORE COMING TO THE ASSEMBLY, I WORKED WITH THE
FEDERAL COURT SYSTEM TO HELP INDIVIDUALS WHO -- WHO WERE NEWLY
RELEASED, TRYING TO GET THEIR LIFE BACK ON TRACK. AND ONE OF THE FAILURES
THAT WE SAW OVER AND OVER AND OVER AGAIN WAS THE FACT THAT THEY HAD
CHILD SUPPORT PAYMENTS THAT HAD CONTINUED TO ACCRUE WHILE THEY WERE
IN PRISON. UNDER OUR EXISTING LAW, THERE WAS NOTHING YOU COULD DO
ABOUT THAT, AND THEN THEY WOULD GET OUT WITH TENS OF THOUSANDS OF
DOLLARS IN DEBT AND THEY WOULD HAVE THEIR DRIVER'S LICENSE SUSPENDED
BECAUSE OF THAT, AND THEY WERE UNDER AN ORDER TO GET A NEW JOB, TO TRY
21
NYS ASSEMBLY MARCH 2, 2021
TO GET THEIR LIFE BACK ON TRACK AND THEY WERE SORT OF IN THIS CATCH-22
BECAUSE THEY NEEDED A CAR TO GET TO THE JOB, THEY COULDN'T GET TO THE JOB
BECAUSE THEY DIDN'T HAVE THEIR DRIVER'S LICENSE BECAUSE THEY COULDN'T --
THEY DIDN'T HAVE -- THEY COULDN'T GET THEIR DRIVER'S LICENSE BECAUSE THEY
DIDN'T HAVE ANY MONEY. AND SO -- AND THEY DIDN'T HAVE A JOB. SO IT
WAS SORT OF THIS CATCH-22.
SO, THIS IS REALLY IMPORTANT FOR, AMONG OTHER THINGS,
HELPING INDIVIDUALS IN THAT SITUATION MOVE FORWARD. AND SO, I WANT TO
THANK THE SPONSOR FOR THIS REALLY IMPORTANT LEGISLATION AND
WHOLEHEARTEDLY SUPPORT IT. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE NEGATIVE: MR. DIPIETRO, MR. SALKA, AND
MR. SCHMITT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUES MR. BARNWELL AND MR.
SANTABARBARA IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, MRS. PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
22
NYS ASSEMBLY MARCH 2, 2021
(THE CLERK ANNOUNCE THE RESULTS.)
THE BILL IS PASSED.
(PAUSE)
MS. -- ON THE B-CALENDAR, NO. 72 BY MR. BENEDETTO,
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 72,
BENEDETTO. CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
PROVIDING FOR THE ELECTION OF FOUR REGENTS OF THE UNIVERSITY OF THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. RA, WHY DO YOU
RISE?
MR. RA: THANK YOU, MR. SPEAKER. TO MY
COLLEAGUES, I CERTAINLY UNDERSTAND THE IMPORTANCE OF -- OF THIS
RESOLUTION AND THE BOARD OF REGENTS APPOINTMENT PROCESS. HAVING HAD
THE OPPORTUNITY TO SERVE AS THE RANKING MEMBER ON THE EDUCATION
COMMITTEE FOR SEVERAL YEARS, I SAT THROUGH HOURS AND HOURS OF
INTERVIEWS, PUSHED FOR MORE QUALIFIED CANDIDATES AND, FOR MANY YEARS
ON THIS DAY WHEN WE HAD EITHER A JOINT SESSION OR TALKED ABOUT THIS
RESOLUTION, I WOULD TALK ABOUT THE NEED TO REFORM THAT PROCESS. AND
THOSE ARE CONVERSATIONS THAT STILL NEED TO TAKE PLACE, BUT THAT'S A TOPIC
FOR ANOTHER DAY.
AS WE DO OUR WORK TODAY, THERE'S AN ELEPHANT IN THE
ROOM, AND IT'S A RATHER LARGE ONE. WE CAN'T SIMPLY PRETEND IT'S NOT THERE
OR CONTINUE TO AVOID IT. WE HAVE AN EXECUTIVE THAT CONTINUES TO YIELD
ALMOST ABSOLUTE POWER IN OUR STATE, WITH THE STROKE OF A PEN CAN TAKE --
23
NYS ASSEMBLY MARCH 2, 2021
MAKE DIRECTIVES THAT HAVE THE FORCE OF LAW AND, AS MY COLLEAGUE SAID
EARLIER, WHETHER IT'S A BILL WE JUST PASSED OR -- OR A BILL WE PASSED LAST
YEAR OR ANY LAW ON THE BOOKS CAN BE CHANGED UNILATERALLY RIGHT NOW.
SO THAT EXECUTIVE WIELDING THAT POWER IS EMBROILED IN
SCANDAL RIGHT NOW. THE LAST FEW WEEKS WE FOUND OUT ABOUT THE
CONTINUED COVERUP OF THE INFORMATION ON THE NURSING HOMES. AND,
MORE RECENTLY, WE'VE HAD SEVERAL FORMER STAFF MEMBERS COME FORWARD
AND ACCUSE THE GOVERNOR OF SEXUAL IMPROPRIETIES WITH THEM. THIS HAS
LED MANY TO QUESTION HIS ABILITY TO CONTINUE TO LEAD OUR STATE. AND I
DON'T BELIEVE WE'D BE DOING OUR JOB AS A LEGISLATURE IF WE DON'T TAKE
ACTION AND TAKE ACTION NOW. SO AS A RESULT, PURSUANT TO ASSEMBLY RULE
II, SECTION 5, SUBDIVISION A, I MOVE TO POSTPONE CONSIDERATION OF THIS
RESOLUTION UNTIL NEXT TUESDAY, MARCH 9TH, 2021 AT 2:00 P.M., OR AT SUCH
TIME AFTER THE CONSIDERATION ON THE FLOOR OF THIS HOUSE OF LEGISLATION TO
RESTORE OUR LEGISLATIVE AUTHORITY, THE CONSTITUTIONAL AUTHORITY OF OUR
BOARD OF REGENTS, BY REPEALING THE EXPANDED EMERGENCY POWERS THAT
WERE GRANTED TO THE GOVERNOR ONE YEAR AGO TODAY PURSUANT TO CHAPTER
23 OF THE LAWS OF 2010.
THE TRUST OF THE GOVERNOR'S OFFICE AND THE CREDIBILITY
OF THE GOVERNOR'S OFFICE HAS BEEN SEVERELY COMPROMISED AND IT'S VITAL
FOR US TO RESTORE THE LEGISLATURE AS A COEQUAL BRANCH OF GOVERNMENT
BEFORE WE ACT ON ANY OTHER MATTERS. WE NEED TO END THE UNILATERAL
AUTHORITY OF THE GOVERNOR AND RETURN NEW YORK STATE TO THE
REPRESENTATIVE DEMOCRACY IT'S ALWAYS BEEN INTENDED TO BE. THANK
YOU, MR. SPEAKER.
24
NYS ASSEMBLY MARCH 2, 2021
ACTING SPEAKER AUBRY: THANK YOU, MR. RA.
THIS MOTION, HOWEVER, IS OUT OF ORDER FOR FAILURE TO STATE A CERTAIN DATE,
AS PROVIDED FOR IN RULE II, SECTION 5, OR TO STATE THAT SUCH
POSTPONEMENT BE INDEFINITE. OUR PARLIAMENTARIAN RULED THAT IT MUST BE
ONE OR THE OTHER AND IT CANNOT BE BOTH. YOU SAID "OR UNTIL."
MR. RA: I SAID A SPECIFIC DATE.
ACTING SPEAKER AUBRY: OR UNTIL. I BELIEVE
THE STATEMENT THAT YOU MADE, "OR UNTIL THOSE POWERS ARE REVOKED."
MR. RA: I SAID THE DATE MARCH 9TH, 2021.
ACTING SPEAKER AUBRY: YOU MAY -- MAY
APPEAL THE RULING OF THE CHAIR, SIR.
MR. RA: MR. SPEAKER, I -- I APPEAL THE RULING OF THE
CHAIR. I -- I BELIEVE THE MOTION IS IN ORDER AND, AGAIN, I DO NOT BELIEVE
WE SHOULD BE ACTING ON ANYTHING ELSE BEFORE WE TAKE ACTION WITH
REGARD TO THIS ISSUE OF THE EXECUTIVE POWER. SO, I -- I MOVE TO APPEAL
THE RULING OF THE CHAIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, ONCE
AGAIN, I DO APPRECIATE YOUR ANALYSIS OF WHETHER OR NOT THIS IS AN
APPROPRIATE AMENDMENT TO BE HAVING AT THIS TIME. I WILL SAY THAT
ELECTING REGENTS IS A CRITICAL ISSUE THAT A FEW OF OUR COLLEAGUES ON BOTH
SIDES OF THE AISLE HAVE GONE THROUGH A LOT OF VERY DELIBERATIVE WORK TO
PUT TOGETHER. AND TO SUGGEST THAT THAT ONE SHOULD WAIT UNTIL IT'S
CONVENIENT FOR SOME OTHER OF OUR COLLEAGUES TO HAVE IT MOVE ON THE
FLOOR OF OUR HOUSE, I DON'T THINK IS FAIR TO THE EFFORTS THAT HAVE GONE IN
25
NYS ASSEMBLY MARCH 2, 2021
SO FAR. I THINK THIS IS THE RIGHT THING FOR US TO MOVE THIS FORWARD AND IT
ACTUALLY IS A DECISION THAT IS SET UP BY EDUCATION LAW, THAT WE SHOULD
BE DOING ON THIS DAY AT THIS TIME. I ACTUALLY WANT TO TAKE THIS
OPPORTUNITY TO COMMEND THE CHAIRS OF OUR RESPECTIVE COMMITTEES, THE
EDUCATION COMMITTEE AND THE HIGHER ED COMMITTEE, AND THEIR
RANKING COLLEAGUES FOR THE PROCESS THAT THEY HAVE GONE THROUGH TO
MAKE THESE RECOMMENDATIONS TODAY BOTH FOR TWO NEW REGENTS AS WELL
AS TWO RETURNING REGENTS.
SO I WOULD ASK, MR. SPEAKER, THAT ALL OF OUR
COLLEAGUES IN THE BUILDING WOULD ACKNOWLEDGE YOUR DECISION AND RULE
MR. RA'S MOTION OUT OF ORDER. THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. I WOULD POINT OUT
THAT RULE II, SECTION 5, SUBPARAGRAPH A, SUBSECTION 8 EXPRESSLY ALLOWS
FOR A MOTION TO, QUOTE, "POSTPONE INDEFINITELY." THAT'S THE ACTUAL
WORDING OF OUR RULE. IT SAYS YOU CAN MAKE A MOTION TO, QUOTE,
"POSTPONE INDEFINITELY." AND SO I -- I THINK, SIR, THAT A MOTION THAT
POSTPONES INDEFINITELY OR IS CONDITIONED UPON SOME OTHER OPTION IS IN
ORDER. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. -- MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER.
FOLLOWING THE RULES IN A BODY LIKE THIS IS CRITICALLY IMPORTANT. WE SET
THE TONE AND THE EXAMPLE FOR THE PUBLIC WHO IS LOOKING TO US RIGHT NOW
TO RESTORE CHECKS AND BALANCES IN GOVERNMENT. IT MAKES IT REALLY
DIFFICULT FOR ME TO TURN BACK TO MY CONSTITUENTS, MR. SPEAKER, AND
26
NYS ASSEMBLY MARCH 2, 2021
MAKE A JUSTIFICATION FOR WHY THIS BODY IS SO IMPORTANT, WHY
REPRESENTATIVE DEMOCRACY IS IMPORTANT IF WE CAN'T CONDUCT OURSELVES
UNDER OUR OWN RULES. MY COLLEAGUE CLEARLY SAID MARCH 9TH, 2021 AT
2:00 P.M. I HEARD IT, AS DID EVERYONE ON THE ZOOM CALL, AND I'M SURE
SOMEONE'S WRITTEN IT DOWN UP FRONT. THAT'S WHY I WILL SUPPORT
OVERRULING THE RULING OF THE CHAIR RESPECTFULLY, MR. SPEAKER. BUT HE
HAS CLEARLY OUTLINED A TIME AND DATE AND I -- I -- I'D APPRECIATE IF YOU'D
REVIEW YOUR NOTES AND POSSIBLY CHANGE YOUR MIND. THANK YOU.
ACTING SPEAKER AUBRY: MR. RA HAS APPEALED
THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE HOUSE IS SHALL THE
DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE HOUSE. THOSE
VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR. THOSE VOTING NO
VOTE TO OVERRIDE THE DECISION OF THE CHAIR. THE CLERK WILL RECORD THE
VOTE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE VOTING IN THE NEGATIVE. IF THERE ARE THOSE
WHO WOULD LIKE TO VOTE TO UPHOLD THE RULING OF THE CHAIR AND VOTE YES,
PLEASE CONTACT THE MINORITY OFFICE IMMEDIATELY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE. YOUR RULING IS CORRECT
AND WE SHOULD BE SUPPORTING YOU IN THAT CALL. THANK YOU, MR.
SPEAKER.
27
NYS ASSEMBLY MARCH 2, 2021
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
AGAIN, THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RULING OF THE CHAIR IS SUSTAINED.
ON THE RESOLUTION, MR. BENEDETTO.
MR. BENEDETTO: YES, MR. CHAIRMAN, ON THE
RESOLUTION. WE COME HERE TODAY TO CONTINUE A TRADITION, AN OBLIGATION
THAT HAS BEEN IN EFFECT SINCE 1784 WHEN THE STATE OF NEW YORK CREATED
THE NEW YORK STATE BOARD OF REGENTS BY STATUTE. OVER 235 YEARS WE
HAVE GIVEN THE RESPONSIBILITY TO THE NEW YORK STATE BOARD OF REGENTS
FOR GENERAL SUPERVISION OF ALL EDUCATIONAL ACTIVITIES IN THE STATE: THE
UNIVERSITY SYSTEM, THE STATE EDUCATION DEPARTMENT, THE PROFESSIONAL
LICENSING. SEVENTEEN MEMBERS SERVING FIVE-YEAR TERMS, REPRESENTING
13 JUDICIAL DISTRICTS, FOUR AT-LARGE, INTO AN UNSALARIED POSITION WHICH
WE ENTRUST TO THIS VERY IMPORTANT JOB. THESE ARE PEOPLE THAT ARE WELL
SOUGHT, WELL INTERVIEWED, AND JUSTLY DECIDED ON.
WE HAVE CONDUCTED SUCH INTERVIEWS OVER THE PAST
SEVERAL WEEKS AND COME UP WITH FOUR THAT WE HAVE PUT INTO THIS
RESOLUTION THAT WILL BE -- WILL MAKE THEM REGENTS TODAY. THEY WILL
STAND ON THE FLOOR OF PEOPLE WHO SERVED ON THE NEW YORK BOARD OF
REGENTS, LIKE JOHN JAY, WHO SERVED AS THE SECOND CHANCELLOR OF THE
BOARD, AND ALEXANDER HAMILTON, AS WELL AS MARTIN VAN BUREN, LATER TO
28
NYS ASSEMBLY MARCH 2, 2021
BECOME PRESIDENT OF THE UNITED STATES. THESE PEOPLE TODAY ARE WELL
SOUGHT, WELL INTERVIEWED AND WELL DETERMINED, AND WE PUT OUR TRUST IN
THEM. THANK YOU, MR. CHAIRMAN.
ACTING SPEAKER AUBRY: CERTAINLY.
MR. RA.
MR. RA: THANK -- THANK YOU, MR. SPEAKER. IT
APPEARS YOU HAVE MORE FRIENDS HERE THAN I DO, SO IN -- IN LIGHT OF THAT, I
AM GOING TO MAKE A MOTION PURSUANT TO ASSEMBLY RULE II, SECTION 5,
SUBDIVISION A, TO POSTPONE CONSIDERATION OF THIS RESOLUTION UNTIL
TUESDAY, MARCH 9TH, 2021 AT 2:00 P.M. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
RESOLUTION BEFORE US, AGAIN, WILL ELECT REGENTS WHO ARE
CONSTITUTIONALLY CHARGED TO OVERSEE OUR PRIMARY, SECONDARY, AND
HIGHER EDUCATION SYSTEMS. THIS RESOLUTION IS OF SUCH IMPORTANCE,
PARTICULARLY NOW, BECAUSE WE ARE IN -- STILL IN THE MIDST OF A GLOBAL
PANDEMIC. IT ALLOWS US TO ON A -- WITH A CONCURRENT RESOLUTION, MOVE
THESE REGENTS FORWARD. ACCORDING TO EDUCATION LAW SECTION 202,
EVEN IF -- IF WE DON'T GET THIS DONE BY CONCURRENT RESOLUTION, WE WILL
HAVE TO HAVE A JOINT SESSION. AND AS YOU KNOW, WE HAVE SOME
EMERGENCY REQUIREMENTS IN PLACE IN OUR CHAMBERS TO MAINTAIN A
CERTAIN NUMBER OF PEOPLE HERE SO THAT WE MIGHT ALL REMAIN IN A HEALTHY
STATE. TO PUT THIS OFF UNTIL NEXT WEEK AND FORCE A JOINT SESSION, MR.
SPEAKER, IS NOT ONLY UNFAIR, AS I SAID EARLIER, TO OUR COLLEAGUES ON BOTH
SIDES OF THE AISLE WHO HAVE GONE THROUGH TREMENDOUS EFFORTS TO
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NYS ASSEMBLY MARCH 2, 2021
INTERVIEW AND DIALOGUE WITH PROSPECTIVE REGENTS, IT IS UNFAIR TO THEM,
IT IS UNFAIR TO THE REGENTS WHO SOUGHT TO SERVE AND, IN MANY CASES, MR.
SPEAKER, IT IS UNFAIR TO THE PROCESS THAT WE SHOULD NEED TO BE MOVING
FORWARD.
SO I WOULD URGE ALL OF MY COLLEAGUES TO VOTE AGAINST
THIS MOTION AND ALLOW US TO CONTINUE DOING OUR WORK. THIS IS PROBABLY
ABOUT THE SECOND, MAYBE THERE'LL BE MORE TODAY, OPPORTUNITIES FOR THE
MINORITY TO DELAY, FRUSTRATE, AND OBSTRUCT THE IMPORTANT WORK OF THIS
HOUSE. THIS RESOLUTION FOR THESE REGENTS IS IMPORTANT WORK FOR THIS
HOUSE. LET'S GET THIS ONE DONE TODAY, MR. SPEAKER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MS. WALSH ON THE MOTION.
MS. WALSH: THANK YOU, MR. SPEAKER. I WISH TO
SECOND MY COLLEAGUE'S MOTION TO POSTPONE ACTION ON THE BOARD OF
REGENTS RESOLUTION FOR THE FOLLOWING REASONS: AT THIS POINT, THE
SINGLE-MOST IMPORTANT THING THAT THIS BODY MUST DO NOW IS REVOKE THE
EXTRAORDINARY EMERGENCY POWERS THAT THE GOVERNOR HAS HAD FOR ONE
YEAR. THESE POWERS HAVE ALLOWED THE GOVERNOR, ACTING ALONE BY
EXECUTIVE FIAT, TO ISSUE NEARLY 100 DIRECTIVES THAT HAVE DICTATED ALMOST
EVERY ASPECT OF OUR LIVES AS NEW YORKERS; SCHOOL, WORK, WORSHIP,
ASSEMBLY, OUR COURT SYSTEM, TRAVELING, NURSING HOMES, VACCINE ROLLOUT,
I COULD GO ON.
NOW THE GOVERNOR IS EMBROILED IN SEVERAL VERY
TROUBLING SCANDALS, AT LEAST ONE FEDERAL INVESTIGATION, SEXUAL
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NYS ASSEMBLY MARCH 2, 2021
HARASSMENT ALLEGATIONS, ALL OF WHICH ARE A DISTRACTION FOR THE GOVERNOR.
IT IS NO LONGER REASONABLE TO INVEST THE GOVERNOR WITH THIS DEGREE OF
UNCHECKED AUTHORITY. WE, THIS BODY, IS THE CHECK AND BALANCE. WE
MUST REASSERT OUR LEGISLATIVE AUTHORITY. WE CALL THIS CHAMBER THE
PEOPLE'S HOUSE, BUT IN ACTUALITY OVER THE LAST YEAR, WE HAVE NOT BEEN
GIVING THE PEOPLE MUCH OF A VOICE. WE NEED TO REVOKE THE GOVERNOR'S
EMERGENCY POWERS AND THEN, WORKING TOGETHER, MOVE FORWARD.
AND I WOULD JUST SAY IN RESPONSE TO THE PREVIOUS
SPEAKER, BY DOING THIS MOTION WE WILL STILL HAVE THE REGENTS
APPOINTED. AND AS THE FORMER RANKER ON THE EDUCATION COMMITTEE, I
RECOGNIZE, AS HAVING SAT THROUGH NUMEROUS, NUMEROUS HOURS OF
INTERVIEWS OF THE REGENTS, THE IMPORTANT AND SIGNIFICANT WORK THAT THEY
DO, AND I THANK THEM FOR IT. WE DO NOT NEED THIS TO BE ANY KIND OF
DISTRACTION OR IMPEDIMENT TO THE APPOINTMENT OF THE REGENTS. WE WILL
JUST HAVE TO DO IT ON THE DATE STATED BY THE (UNINTELLIGIBLE). IT WILL HAVE
TO BE DONE AT A JOINT SESSION. I SEE NO REASON WHY THE ZOOM RULES
WOULD NOT APPLY. THOSE ARE THE RULES THAT THE HOUSE HAS BEEN
FOLLOWING SINCE THE PANDEMIC, AND WE RECENTLY REAFFIRMED THOSE RULES.
SO, I DON'T SEE ANY SAFETY REASON, I SECOND THE MOTION, I ASK FOR MY
COLLEAGUES TO CONSIDER IT CLOSELY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL ON THE MOTION.
MR. GOODELL: THANK YOU, MR. SPEAKER, ON THE
MOTION. A FEW SHORT WEEKS AGO, THE MEMBERS OF THIS ASSEMBLY SIGNED
AN OATH OF OFFICE TO UPHOLD THE STATE CONSTITUTION. AND THE NEW YORK
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NYS ASSEMBLY MARCH 2, 2021
STATE CONSTITUTION IS UNIQUE BECAUSE IN NEW YORK WE DON'T JUST HAVE A
LEGISLATIVE BRANCH AND A JUDICIAL BRANCH AND AN EXECUTIVE BRANCH.
SINCE 1784, OUR STATE CONSTITUTION HAS GIVEN THE RESPONSIBILITY FOR THE
EDUCATION POLICY TO THE BOARD OF REGENTS. IT IS A
CONSTITUTIONALLY-FORMED BRANCH OF GOVERNMENT IN NEW YORK STATE.
THE BOARD OF REGENTS MEMBERS ARE APPOINTED JOINTLY BY THE SENATE
AND THE ASSEMBLY, NOT BY THE GOVERNOR. THEIR APPOINTMENT IS NOT
SUBJECT TO REVIEW BY THE GOVERNOR OR VETOED BY THE GOVERNOR. THE
GOVERNOR IS NOT INVOLVED IN THE INTERVIEW PROCESS. AND ONCE
APPOINTED, THOSE REGENTS SERVE FOR DESIGNATED TIME PERIODS.
WHEN WE GRANTED THE GOVERNOR EXTRAORDINARY
EMERGENCY POWER, IT WASN'T UNLIMITED, NOTWITHSTANDING WHAT HE'S
DONE. THE VERY FIRST SUBSECTION OF SECTION 29-A OF THE EXECUTIVE LAW
STATED THAT EVERY EXECUTIVE ORDER HAD TO BE, QUOTE, "SUBJECT TO THE
STATE CONSTITUTION." NOW, THE STATE CONSTITUTION, AS I MENTIONED,
GIVES SOLE EXCLUSIVE AUTHORITY TO EDUCATION POLICY AND THE OPERATION OF
OUR SCHOOLS TO THE BOARD OF REGENTS, NOT THE GOVERNOR. ARTICLE V,
SECTION 4 SAYS, THE HEAD OF THE DEPARTMENT OF EDUCATION SHALL BE THE
REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK WHO SHALL APPOINT
AND AT PLEASURE REMOVE A COMMISSIONER OF EDUCATION TO BE THE CHIEF
ADMINISTRATIVE OFFICER OF THE DEPARTMENT, AND THAT SAME MESSAGE IS
CONTINUED IN ARTICLE XI, SECTION 2. FOR ALL MY COLLEAGUES WHO WANT TO
LOOK IT UP, IT IS ON YOUR ASSEMBLY DESK COMPUTER OR ON YOUR ASSEMBLY
WEB PAGE.
SO EVEN THOUGH THE STATE CONSTITUTION GIVES EXCLUSIVE
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NYS ASSEMBLY MARCH 2, 2021
RESPONSIBILITY FOR EDUCATION POLICY TO THE BOARD OF REGENTS, WHAT'S
HAPPENED OVER THE LAST YEAR? WELL, ON MARCH 16TH, GOVERNOR CUOMO
SIGNED AN EXECUTIVE ORDER DIRECTING ALL SCHOOLS TO CLOSE IN NEW YORK
IN TWO DAYS NOTICE. NOT THE BOARD OF REGENTS, THE GOVERNOR. AND
WHEN HE CLOSED THE SCHOOLS ALL ACROSS NEW YORK STATE, I WILL SHARE
WITH YOU HE CLOSED HUNDREDS OF SCHOOLS IN COUNTIES LIKE MINE THAT DID
NOT YET HAVE A SINGLE CONFIRMED CASE. AND THEN ON MAY 1ST, HE
ANNOUNCED THAT THE SCHOOLS WOULD REMAIN CLOSED THROUGH THE END OF
THE ACADEMIC YEAR. NOW, SOME OF YOU MAY REMEMBER THAT THE
EXECUTIVE LAW SAID HIS ORDERS WERE LIMITED TO 30 DAYS; YET, HE VIOLATED
THAT AS WELL AS THE CONSTITUTIONAL SEPARATION OF POWERS ON MAY 1ST.
AND WHEN WE REOPENED THE SCHOOLS, IN MY COUNTY AND IN DOZENS OF
OTHER COUNTIES, WHEN WE REOPENED THE SCHOOLS WITH THE GOVERNOR'S
BLESSING AND PERMISSION, WE HAD, AT THAT TIME, THE HIGHEST NUMBER OF
RECORDED COVID CASES. AND YOU SAW THE GOVERNOR OVERRULING MAYOR
DE BLASIO AND THE CITY COMMISSIONER OF EDUCATION IN DECIDING WHICH
SCHOOLS SHOULD BE OPEN OR CLOSED.
THIS RESOLUTION [SIC] SAYS THAT WE NEED TO DELAY THE
APPOINTMENT OF THE REGENTS UNTIL WE MAKE IT CLEAR THE GOVERNOR'S
EXECUTIVE AUTHORITY DOES NOT OVERRIDE THE STATE CONSTITUTION OR THE
ROLE OF THE REGENTS. THIS MOTION RESPECTS THE BOARD OF REGENTS AND
RESPECTS THE CONSTITUTIONAL CHECKS AND BALANCES THAT WE SHOULD HONOR
HERE IN THIS LEGISLATURE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAWLER.
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NYS ASSEMBLY MARCH 2, 2021
MR. LAWLER: THANK YOU, MR. SPEAKER. I SUPPORT
MY COLLEAGUE'S RESOLUTION [SIC] BECAUSE AS HAS BEEN STATED, THERE IS NO
MORE IMPORTANT BUSINESS BEFORE THIS BODY THAN TO TAKE BACK ITS RIGHTFUL
PLACE AS A COEQUAL BRANCH OF GOVERNMENT. SEVERAL OF MY COLLEAGUES
ON THE OTHER SIDE OF THE AISLE HAVE STATED PUBLICLY WITHIN THE LAST 24 TO
48 HOURS THAT THE GOVERNOR MUST RESIGN. IF YOU BELIEVE SO SINCERELY
THAT THE GOVERNOR MUST RESIGN, HOW COULD YOU POSSIBLY BELIEVE THAT HE
SHOULD MAINTAIN HIS EXECUTIVE EMERGENCY POWERS? HE HAS BEEN
ACCUSED OF PREDATORY SEXUAL BEHAVIOR BY FEMALE STAFFERS. HE CANNOT BE
ALLOWED TO REMAIN IN OFFICE. HE CANNOT BE ALLOWED TO HAVE THESE
EXECUTIVE EMERGENCY POWERS.
MRS. PEOPLES-STOKES: MR. SPEAKER, MR.
SPEAKER, I --
ACTING SPEAKER AUBRY: MRS. --
MRS. PEOPLES-STOKES: -- I BELIEVE THE
GENTLEMAN IS REMOVED FROM THE TOPIC OF THE RESOLUTION [SIC] BEFORE US.
IF YOU COULD ASK HIM TO REFRAIN FROM THAT, PLEASE.
ACTING SPEAKER AUBRY: SO, FIRST OF ALL, OF
COURSE IT IS A MOTION, NOT A RESOLUTION, AND WE WILL TRY AND STAY ON
TOPIC, PLEASE.
MR. LAWLER: YES, MR. SPEAKER, THANK YOU. IT IS
CRITICAL. IT IS CRITICAL TODAY RIGHT HERE, RIGHT NOW THAT WE RETURN TO
REGULAR ORDER SO THAT WE CAN DO THE PEOPLE'S BUSINESS, THAT WE CAN PASS
RESOLUTIONS, THAT WE CAN PASS LAWS, THAT WE CAN APPOINT PEOPLE TO THE
BOARD OF REGENTS, BUT WE CAN'T DO THAT IF WE HAVE A GOVERNOR WHO
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NYS ASSEMBLY MARCH 2, 2021
CONTINUES TO ACT AS A DICTATOR. WE CAN'T DO THAT IF WE DON'T ACT AS A
COEQUAL BRANCH OF GOVERNMENT.
SO IT IS CRITICAL THAT WE ACTUALLY DO WHAT WE ARE ALL
HERE TO DO. IT'S CRITICAL THAT WE DO WHAT SO MANY OF MY COLLEAGUES ON
THE OTHER SIDE OF THE AISLE HAVE PUBLICALLY SAID THEY WANT TO DO, WHICH
IS REVOKE HIS EMERGENCY POWERS. WHY WAIT? WHAT ARE WE WAITING
FOR?
ACTING SPEAKER AUBRY: MR. -- MR. -- I DO
APPRECIATE THAT THIS A FISH YOU GUYS WANTED TO FRY, BUT THIS IS A MOTION
THAT DELAYS THE APPOINTMENT OF REGENTS --
MR. LAWLER: YES.
ACTING SPEAKER AUBRY: -- UNTIL SOME DATE
INDEFINITELY.
MR. LAWLER: AND THE BASIS OF THE MOTION WAS SO
THAT WE CAN REVOKE --
ACTING SPEAKER AUBRY: INDEFINITELY --
MR. LAWLER: -- THE EXECUTIVE POWERS.
ACTING SPEAKER AUBRY: WELL, I BELIEVE IN THE
MOTION THAT THAT WAS WHAT WAS SAID, AND THE MOTION MERELY IDENTIFIED
DELAY OF THE VOTE INDEFINITELY.
MR. LAWLER: OKAY. I BELIEVE WE SHOULD DELAY THE
VOTE SO THAT WE CAN DO THE MOST IMPORTANT JOB WHICH IS TO REVOKE THE
GOVERNOR'S EMERGENCY POWERS AND DO IT TODAY. THANK YOU.
ACTING SPEAKER AUBRY: MR. ABINANTI.
MR. ABINANTI: I RISE TO URGE MY COLLEAGUES TO
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NYS ASSEMBLY MARCH 2, 2021
VOTE NO ON THIS MOTION TO DELAY A VERY IMPORTANT FUNCTION OF THIS
LEGISLATURE. THE ARGUMENT IS THAT WE HAVE OTHER BUSINESS THAT IS MORE
PRESSING AND, THEREFORE, WE SHOULD DELAY THIS CONSTITUTIONAL OBLIGATION
OF THE LEGISLATURE. THERE HAS BEEN SOME DISCUSSION THAT AMONG THE
OTHER PRESSING ISSUES IS THAT WE NEED TO DEAL WITH POWERS OF THE
GOVERNOR. LET ME SAY, MR. SPEAKER, THAT AS ONE OF THE FEW MEMBERS
OF THIS LEGISLATURE WHO VOTED AGAINST GIVING THE GOVERNOR THE POWER
THAT THEY COMPLAIN ABOUT, I HAVE EXHIBITED VERY CLEARLY THAT I AM
CONCERNED ABOUT THAT ISSUE. BUT, MR. SPEAKER, THIS LEGISLATURE CAN DO
MORE THAN ONE THING AT THE SAME TIME. WE HAVE OTHER OBLIGATIONS AND
WE SHOULD FULFILL THOSE OBLIGATIONS. WE SHOULD NOT BE POSTPONING
THOSE OTHER OBLIGATIONS TO DEAL WITH ONE PARTICULAR ISSUE THAT MANY OF
US THINK IS IMPORTANT, BUT DOES -- BUT WE STILL NEED TO DEAL WITH WHAT'S
BEFORE US TODAY, WHICH IS APPOINTING FOUR REGENTS.
NOW, WHY SHOULD WE DEAL WITH THE REGENTS? FIRST OF
ALL, WE HAVE AN EDUCATIONAL SYSTEM, ONE OF THE BEST IN THE COUNTRY, AND
THAT'S BECAUSE WE HAVE A SYSTEM WHERE THE REGENTS WHO ARE SEPARATE
AND APART FROM THE GOVERNOR, FROM THE LEGISLATURE, WHO RUN THIS
SYSTEM. AND WE NEED THESE REGENTS IN PLACE SO THAT WE HAVE A FULL
BOARD OF REGENTS IN A TIME OF CRISIS. AND I FIND IT - AS A SECOND POINT,
MR. SPEAKER - I FIND IT IRONIC THAT THOSE WHO WANT TO DELAY THIS, TO DEAL
WITH A -- THE POWERS OF THE GOVERNOR, WANT TO DELAY ONE OF THE VERY
FEW POWERS THAT THIS LEGISLATURE HAS SEPARATE AND APART FROM THE
EXECUTIVE BRANCH. THIS IS A POWER THAT IS GIVEN ONLY TO THE
LEGISLATURE. IT IS A POWER THAT WE EXERCISE BY OURSELVES AND I SEE NO
36
NYS ASSEMBLY MARCH 2, 2021
REASON WHY WE SHOULD FOREGO THE POWERS THAT WE HAVE --
ACTING SPEAKER AUBRY: MR. --
MR. ABINANTI: -- SEPARATE OF THE EXECUTIVE --
ACTING SPEAKER AUBRY: MR. GOODELL, WHY DO
YOU RISE?
MR. GOODELL: THANK YOU, MR. SPEAKER. AND I
APPRECIATE MY COLLEAGUE'S COMMENTS, SO WOULD -- WOULD MY COLLEAGUE
YIELD FOR A QUESTION?
ACTING SPEAKER AUBRY: MR. ABINANTI, DO YOU
YIELD?
MR. ABINANTI: YES, I WOULD YIELD.
ACTING SPEAKER AUBRY: MR. ABINANTI YIELDS.
MR. ABINANTI: IF IT FITS WITHIN THE PROCEDURES OF
THE LEGISLATURE TO YIELD ON A OPPOSITION TO A MOTION.
ACTING SPEAKER AUBRY: YES, IT IS.
MR. GOODELL: THANK YOU, MR. ABINANTI, AND I
APPRECIATE THE FACT THAT YOU OPPOSED THE GOVERNOR'S INITIAL EXCESSIVE
POWER LEGISLATION, AND I COMMEND YOU FOR THAT. AND I APPRECIATE YOUR
POINT, WHICH IS VERY IMPORTANT, THAT WE NEED THE BOARD OF REGENTS.
WOULD YOU AGREE WITH ME, THOUGH, THAT AS IMPORTANT IT IS TO APPOINT A
BOARD OF REGENTS, IT'S ALSO IMPORTANT TO LET THE BOARD OF REGENTS
DECIDE WHETHER SCHOOLS ARE OPEN OR CLOSED, OR LET THE BOARD OF REGENTS
DECIDE WHETHER IT'S IN-PERSON OR NOT IN-PERSON, OR LET THE BOARD OF
REGENTS DECIDE EDUCATIONAL POLICY AS SET FORTH IN THE CONSTITUTION?
AREN'T THOSE IMPORTANT ISSUES THAT OUGHT TO BE ADDRESSED AND SOONER
37
NYS ASSEMBLY MARCH 2, 2021
RATHER THAN LATER, BECAUSE IT'S GREAT WE APPOINT REGENTS, BUT IT'S REALLY
KIND OF NONSENSICAL WHEN THE GOVERNOR DOES WHATEVER HE WANTS ON
EDUCATION POLICY.
ACTING SPEAKER AUBRY: MR. --
MR. ABINANTI: MR. GOODELL, I WOULD BE GLAD TO --
ACTING SPEAKER AUBRY: ONE MINUTE, ONE
MINUTE. MR. GOODELL, YOU ARE ASKING HIM HIS POSITION ON THE MOTION?
MR. GOODELL: YES, SO DON'T YOU THINK IT MAKES --
ACTING SPEAKER AUBRY: SO IT'S NOT A DEBATE
ABOUT THE POWERS OF THE GOVERNOR. IT'S A DEBATE ABOUT WHETHER OR NOT
WE ARE GOING TO TIMELY APPOINT THE REGENTS IN THE STATE OF NEW YORK.
THAT'S WHAT THIS IS ABOUT.
MR. ABINANTI: IN ANSWER TO YOUR QUESTIONS --
MR. GOODELL: (UNINTELLIGIBLE)
MR. ABINANTI: MR. SPEAKER -- MR. GOODELL, IF I
MAY ANSWER YOUR QUESTION. IF IT WERE NOT A PANDEMIC I WOULD SUGGEST
THAT WE GO OUT FOR A DRINK AND HAVE A DISCUSSION ABOUT THOSE
PHILOSOPHICAL ISSUES.
MR. GOODELL: WE CAN STILL HAVE IT.
MR. ABINANTI: THE ISSUE BEFORE US TODAY IS
WHETHER WE SHOULD APPOINT THE REGENTS --
ACTING SPEAKER AUBRY: GENTLEMEN,
GENTLEMEN. WAIT, HOLD UP. HOLD UP. WE'RE NOT GOING TO HAVE A
FREEWHEELING DEBATE ON ANYBODY'S PART. YOU WILL SPEAK TO THE -- TO THE
MOTION THAT HAS BEEN MADE. YOU WILL NOT SPEAK ABOUT ANY OTHER
38
NYS ASSEMBLY MARCH 2, 2021
(UNINTELLIGIBLE) ISSUES. ALL RIGHT?
MR. ABINANTI: I THINK THAT'S WHAT I JUST SAID.
ACTING SPEAKER AUBRY: BECAUSE IF WE OPEN
THAT UP, THEN EVERYBODY CAN DO THAT.
MR. GOODELL: MR. SPEAKER, IT MIGHT BE HELPFUL IF
I MAKE IT CLEAR HOW MY MOTION -- MY QUESTION RELATES TO THE MOTION.
MY QUESTION, MR. ABINANTI, IS THAT --
ACTING SPEAKER AUBRY: YOU'VE ALREADY
EXPENDED MOST OF MR. ABINANTI'S TIME FOR THE FIRST PART. SO --
MR. GOODELL: IF I MAY, MR. ABINANTI.
MR. ABINANTI: WELL, LET ME -- LET ME JUST RESPOND
TO YOU AND CONTINUE SPEAKING, IF I MAY. OKAY? I THINK WHAT WE HAVE
BEFORE US IS NOT THESE OTHER ISSUES, BUT WHETHER WE SHOULD APPOINT THE
REGENTS TODAY OR SOME TIME IN THE FUTURE. AND I BELIEVE THAT WE
SHOULD APPOINT THE REGENTS TODAY. THIS IS THE MOST PRESSING MATTER
BEFORE US AT THE MOMENT. WE CAN DEAL WITH THE OTHER ISSUES AT ANOTHER
TIME, WHICH I HOPE WILL BE SOON, BUT IT'S NOT APPROPRIATE TO ENTER A
DISCUSSION ABOUT EDUCATION POLICY --
ACTING SPEAKER AUBRY: MR. ABINANTI, YOU
HAVE EXPENDED YOUR TIME.
MR. ABINANTI: THANK YOU.
MR. GOODELL: THANK YOU, MR. ABINANTI.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. AS HE
39
NYS ASSEMBLY MARCH 2, 2021
NORMALLY DOES, MY COLLEAGUE FROM WESTERN NEW YORK PUT IT BEST
WHEN TALKING ABOUT THE CONSTITUTION HERE, WHERE THE BOARD OF REGENTS
FITS IN WITH OUR GOVERNMENT. AS THE RANKING MEMBER ON HIGHER
EDUCATION I ACTUALLY HAD THE OPPORTUNITY TO INTERVIEW ALL OF THESE
REGENTS, AND I -- I, YOU KNOW, IN THE FUTURE WANT TALK ABOUT THE
REGENTS ON THIS RESOLUTION [SIC]. BUT WHETHER WE POSTPONE RIGHT NOW
IN THIS MOMENT WHICH IS CRITICAL UNTIL WE REMOVE THE GOVERNOR'S
EXECUTIVE -- EXTRAORDINARY EXECUTIVE POWERS OR WE DO THAT TOMORROW
AND PASS THIS RESOLUTION RIGHT NOW, IT'S REALLY IRRELEVANT IF THAT'S NOT
DONE. YOU CAN HAVE THE BEST REGENTS IN NEW YORK. OUT OF 19 MILLION
NEW YORKERS WE CAN APPOINT THE BEST ONES. WE WENT THROUGH THE
INTERVIEW PROCESS AND THERE'S SOME GREAT ONES HERE. AND WE SHOULD
TALK ABOUT THEM AND WE SHOULD TAKE UP THIS RESOLUTION. BUT IF WE DON'T
TAKE BACK THE EXTRAORDINARY EXECUTIVE POWERS IT'S IRRELEVANT WHO THE
BOARD OF REGENTS ARE. THE GOVERNOR'S ALREADY PROVEN THAT. IF WE
DON'T BACK THE REGENTS UP WITH OUR CONSTITUTIONAL PURPOSE TO BE A
CHECK ON THE EXECUTIVE, IF WE DON'T BACK THEM UP, WHAT'S THE POINT?
WE CAN CLAP FOR THEM AFTER WE PASS THE RESOLUTION. THEIR FAMILIES CAN
BE PROUD AND SAY, HEY, CONGRATULATIONS. YOU GOT REAPPOINTED TO THE
REGENTS OR YOU'RE NOW A NEW REGENT IN NEW YORK STATE. THAT JOB
DOESN'T MEAN ANYTHING IF WE DON'T BACK THEM UP AS THE LEGISLATURE.
WE HAVE TO RESTORE CHECKS AND BALANCES. OUR ARGUMENT, MR. SPEAKER -
AND THIS IS WHY THERE'S A MOTION TO POSTPONE - IS WE HAVE TO DO THAT
FIRST. THESE REGENTS JOBS WILL BE IRRELEVANT UNTIL WE DO THAT. SO WE
CAN DO THAT TOMORROW, AND MAYBE, MR. SPEAKER, OR THE LEADERSHIP
40
NYS ASSEMBLY MARCH 2, 2021
COULD PROVIDE US SOME INSIGHT AS TO WHEN WE'RE GOING TO RESTORE THOSE
CHECKS AND BALANCES. IT CERTAINLY WOULD MAKE ME FEEL A LOT MORE
COMFORTABLE, AND THESE GREAT REGENTS THAT ARE PUT FORWARD IN THIS
RESOLUTION, I'M SURE THEY WOULD LOVE TO HEAR A TIMELINE FOR WHEN THAT
JOB IS ACTUALLY GOING TO MEAN SOMETHING.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON MR. RA'S MOTION,
THE CLERK WILL RECORD THE VOTE. 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 WILL BE SUPPORTING MR. RA'S MOTION. IF THERE ARE ANY
REPUBLICAN MEMBERS WHO WOULD RATHER NOT DELAY THIS REGENTS VOTE
PENDING SOME CLARIFICATION THEY SHOULD CONTACT THE LEADER'S OFFICE
IMMEDIATELY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE IN THE NEGATIVE. WE WILL REJECT MR. RA'S
MOTION AND I'M LOOKING FORWARD TO COLLEAGUES SUPPORTING US
(UNINTELLIGIBLE). IF THEY ARE UNABLE TO DO SO, YOU'RE MORE THAN WELCOME
TO CONTACT THE MAJORITY LEADER'S OFFICE AND LET US KNOW.
THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY MARCH 2, 2021
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE MOTION IS LOST.
BACK TO THE RESOLUTION NOW.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. I AM VERY
PLEASED TO BE SPEAKING ON THE CONCURRENT RESOLUTION REQUIRED BY
EDUCATION LAW 202 TO OCCUR EITHER TODAY IN ORDER TO ELECT THE NEW AND
RETURNING REGENTS, OR WE WOULD BE DOING THIS IN JOINT SESSION AT NOON
NEXT WEEK, REQUIRED BY STATE LAW. WE, AS MY COLLEAGUE SAID, ARE VERY
FORTUNATE TO HAVE A BODY OF PEOPLE CHARGED WITH NOT JUST EDUCATION K
THROUGH 16 AND BEYOND, BUT ALSO OUR LIBRARIES, OUR HISTORICAL SOCIETIES.
THESE ARE VITAL COMMUNITY SERVICES. OUR LIBRARIES ACT AS COMMUNITY
CENTERS FOR FAMILY LITERACY, FOR JOB SEARCH. AND THE BOARD OF REGENTS
IS A VERY DISTINGUISHED GROUP. I WANT TO THANK MY COLLEAGUES WHO
JOINED US AT THESE INTERVIEWS. AND WHILE THEY WERE CONDUCTED
REMOTELY, AS WE HAVE BEEN DOING THROUGHOUT THIS PAST YEAR, THESE
INDIVIDUALS ARE JOINING A GROUP OF FOLKS WHO HAVE DEMONSTRATED
THOUGHTFULNESS, DEDICATION WITH A WIDE RANGE OF EXPERIENCES. SOME
ARE EDUCATORS, SOME ARE HEALTH PROFESSIONALS. SOME ARE -- COME OUT OF
NURSING OR SOCIAL WORK. AND IT PROVIDES A BOARD OF REGENTS WITH A
VERY RICH AND EXPANSIVE SET OF EXPERIENCE FOR THEM TO BRING TO THEIR
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NYS ASSEMBLY MARCH 2, 2021
DELIBERATIONS, A WEALTH OF EXPERIENCE AND INFORMATION. THEY ALSO
WORK VERY HARD IN THEIR OWN DISTRICTS TO MEET WITH PEOPLE TO GET TO
KNOW SCHOOL SUPERINTENDENTS, PRINCIPALS, AND I'M VERY PROUD THAT THESE
FOLKS ARE WILLING TO COME FORWARD FOR NO COMPENSATION TO TAKE ON THE
DELIBERATIONS OF THE BOARD OF REGENTS. WE WILL BE TAKING UP THE
REAPPOINTMENT OF ELIZABETH HAKANSON FROM THE COUNTY OF ONONDAGA,
WHO IS FROM THE 5TH JUDICIAL DISTRICT FOR A RENEWED FIVE-YEAR TERM.
RUTH TURNER FROM THE COUNTY OF MONROE BEING ELECTED AS A REGENT
FROM THE 7TH JUDICIAL DISTRICT FOR A TERM OF ONE YEAR COMMENCING
IMMEDIATELY TO FILL OUT THE TERM OF A RETIRING REGENT. DR. ARAMINA
VEGA FERRER FROM THE COUNTY OF THE BRONX BEING ELECTED REGENT FROM
THE 12TH JUDICIAL DISTRICT FOR A TERM OF TWO YEARS COMMENCING
IMMEDIATELY. AND DR. LUIS REYES FROM NEW YORK COUNTY BEING
REELECTED FOR A FIVE-YEAR TERM AS A REGENT AT-LARGE. THESE ARE
EXTREMELY WELL-QUALIFIED PEOPLE, AND I AM VERY PROUD TO PARTNER WITH
OUR EDUCATION CHAIR, MR. BENEDETTO, IN BRINGING FORWARD THIS GROUP OF
PEOPLE. AND AGAIN, I WANT TO THANK ALL THE MEMBERS FROM THE VARIOUS
COUNTIES WHO PARTICIPATED FROM BOTH SIDES OF THE AISLE IN THE
DELIBERATIONS AND THE INTERVIEWS THAT TOOK PLACE OVER A PERIOD OF THE
LAST FEW WEEKS.
WITH THAT, MR. SPEAKER, I HOPE THAT WE WILL TAKE UP
THIS RESOLUTION WITHOUT MUCH ADDITIONAL DELAY.
ACTING SPEAKER J.D. RIVERA: THANK YOU, MS.
GLICK.
MR. DINOWITZ.
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NYS ASSEMBLY MARCH 2, 2021
MR. DINOWITZ: THANK YOU. IT WAS ABOUT 13 YEARS
AGO I STOOD IN THE ASSEMBLY CHAMBER TO NOMINATE FOR THE FIRST TIME
DR. BETTY ROSA TO FILL OUT A TERM AND THEN I NOMINATED HER OR
RENOMINATED HER EACH AND EVERY TIME THAT HER TERM WAS UP. AND SHE
SERVED WITH DISTINCTION FOR MANY YEARS NOW. AND NOW SHE'S OUR
COMMISSIONER OF EDUCATION, I'M VERY PROUD TO SAY, A CONSTITUENT AND
SHE HAS SERVED WITH DISTINCTION. BUT I'M ALSO PROUD TO NOMINATE
ANOTHER CONSTITUENT TODAY, AND THAT'S DR. ARAMINA VEGA FERRER. DR.
FERRER IS EXTRAORDINARILY WELL- QUALIFIED. SHE RECEIVED HER BA IN
SPANISH AT HERBERT H. LEHMAN COLLEGE OF THE CITY OF NEW YORK, MY
ALMA MATER. A MASTERS OF SCIENCE IN BILINGUAL EDUCATION AT CITY
COLLEGE OF CUNY. HER PHD IN LANGUAGE, LITERACY AND LEARNING FROM
FORDHAM UNIVERSITY. AND HER EDUCATION CREDENTIALS IN TERMS OF HER
WORK ARE ALSO REALLY SUPERB. SHE SERVED AS A JUNIOR HIGH SCHOOL
TEACHER OF SPANISH AND ENGLISH AS A SECOND LANGUAGE. A CURRICULUM
SPECIALIST, AS A DISTRICT SUPERVISOR OF BILINGUAL EDUCATION, PRINCIPAL OF
PS 46 IN THE NORTHWEST BRONX FOR OVER 20 YEARS, AND SHE'S BEEN AT
MERCY COLLEGE NOW FOR TEN YEARS. SHE'S AN ASSOCIATE PROFESSOR,
DIRECTOR OF THE SCHOOL OF EDUCATION PARENT CENTER, DIRECTOR OF NEW
YORK STATE INTENSIVE TEACHER INSTITUTE PROGRAM, AND THE CHAIR OF THE
DEPARTMENT OF LITERACY AND MULTILINGUAL STUDIES. SO, SHE HAS IT ALL.
SHE'S EXACTLY WHAT WE WANT TO SEE IN OUR REPRESENTATIVE ON THE BOARD
OF REGENTS FOR THE BRONX. SO I AM VERY PROUD THAT SHE'S BEING PUT
FORTH TODAY AND I LOOK FORWARD TO HER SERVING IN THE POSITION AS REGENT
MEMBER FOR THE COUNTY OF THE BRONX.
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NYS ASSEMBLY MARCH 2, 2021
THANK YOU.
ACTING SPEAKER J.D. RIVERA: THANK YOU, MR.
DINOWITZ.
MR. WALCZYK, WITH MY APOLOGIES.
MR. WALCZYK: OH, NOT NECESSARY, MR. SPEAKER. I
APPRECIATE THE OPPORTUNITY TO TALK ABOUT THIS RESOLUTION. AS THE
RANKING MEMBER ON THE HIGHER EDUCATION, WHICH IS -- COMMITTEE,
WHICH IS A NEW POST TO ME, I HAD THE OPPORTUNITY -- AND I WOULD NAME
THE TWO CHAIRS BY NAME IF IT WERE APPROPRIATE IN THIS CHAMBER BECAUSE
I -- I THINK IT'S WORTH THAT THEY DID A PHENOMENAL JOB THROUGHOUT THE
INTERVIEW PROCESS. WE HAD, I WAS SO ENCOURAGED BY SO MANY GREAT
EDUCATORS AND ADMINISTRATORS WHO WANTED TO DO THIS VOLUNTEER JOB THAT
HAS BEEN A TRADITION FOR 237 YEARS IN NEW YORK STATE. AND THEY REALLY
-- YOU KNOW, WE CAN HAVE CONSTITUTIONAL QUESTIONS ABOUT WHICH BRANCH
OF GOVERNMENT ARE THEY, ARE THEY AN EXTRA BRANCH OF GOVERNMENT. I
ACTUALLY ASKED ONE OF THE INTERVIEWEES WHO HAD AN INTERESTING RESUME,
I SAID, WHAT BRANCH OF GOVERNMENT DO YOU THINK THAT YOU'RE JOINING
HERE? AND IT'S -- YOU KNOW, YOU NEVER KNOW WHAT YOU'RE GOING TO GET
AS AN INTERVIEW QUESTION -- SHE HANDLED IT REALLY WELL AND SHE RIGHTLY
SAID TO THE GROUP OF LEGISLATORS THAT WAS CONSIDERING HER NOMINATION,
WELL, I THINK I'M JOINING THE LEGISLATIVE BRANCH OF GOVERNMENT. AND
THEN IN SOME SENSE BECAUSE IT IS OUR APPOINTMENT, OUR APPROVAL, THEY'RE
THE ULTIMATE CHECK ON MAKING SURE THAT BUREAUCRACY IN THE STATE
EDUCATION DEPARTMENT IS WORKING FOR THE CHILDREN OF NEW YORK STATE.
THEY HAVE A HIGHER RESPONSIBILITY THAN WE DO IN THIS CHAMBER AND THEY
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NYS ASSEMBLY MARCH 2, 2021
TAKE IT SERIOUSLY. IN THIS CHAMBER WE TEND TO THINK IN BUDGET CYCLES,
SOMETIMES ABOUT THE NEXT DAY OF SESSION. IF WE'RE THINKING REALLY
LONG-TERM, UNFORTUNATELY, IT'S TO THE NEXT ELECTION DAY. BUT THE BOARD
OF REGENTS IS IN CHARGE OF MAKING SURE THAT OUR NEXT GENERATION,
WHETHER IT BE IN HIGHER EDUCATION THROUGH SUNY OR THROUGH OUR GREAT
PUBLIC SCHOOLS IN NEW YORK STATE, ARE GETTING AN EDUCATION AND THEY
ARE THE FUTURE THAT'S GOING TO LEAD US. SO WE'VE GOT SOME GREAT -- DR.
REYES, DR. VEGA FERRER, MRS. TURNER AND REGENT HAKANSON WILL DO A
PHENOMENAL JOB. I ENCOURAGE THEM, AND THEY SHOULD BE VERY PROUD OF
THIS POST. I ENCOURAGE THEM TO KEEP THAT IT IS YOUR JOB TO BE A CHECK ON
EXECUTIVE POWER. IT IS YOUR JOB TO MAKE THE POLICY FOR STATE ED. YOU
DON'T TAKE YOUR CUES FROM THIS POLITICAL BODY. YOU DON'T TAKE YOUR
CUES FROM THE GOVERNOR'S OFFICE. IT'S YOUR JOB TO MAKE SURE THAT THE
NEXT GENERATION IS -- IS SET UP FOR SUCCESS. IT'S GREAT WORK. THANK YOU
FOR VOLUNTEERING, AND CONGRATULATIONS.
ACTING SPEAKER J.D. RIVERA: MR. PICHARDO.
MR. PICHARDO: THANK YOU, MR. SPEAKER. I -- I
JUST WANTED TO TAKE THIS OPPORTUNITY TO CONGRATULATE THE REELECTED AND
ALSO THE NEWLY-ELECTED REGENTS. PARTICULARLY, I WANT TO RECOGNIZE DR.
ARAMINA VEGA FERRER. AND I KNOW THAT MY COLLEAGUE FROM THE BRONX
AND THE NORTHWEST BRONX MENTIONED HER ACCREDITATIONS, HER CREDENTIALS
AND THE FACT THAT SHE IS A LIFELONG EDUCATOR. WHAT I JUST WANTED TO SAY
SPECIFICALLY ABOUT DR. FERRER IS THAT SHE IS A WONDERFUL AND CARING
HUMAN BEING. AND THE REASON WHY I KNOW THAT, MR. SPEAKER, IS
BECAUSE WHEN I WAS -- MANY, MANY YEARS AGO WHEN I WORKED AT MERCY
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NYS ASSEMBLY MARCH 2, 2021
COLLEGE AS AN ASSOCIATE DIRECTOR OF PUBLIC RELATIONS AND
INTERGOVERNMENTAL AFFAIRS AT THE COLLEGE, ONE OF THE FIRST EVENTS THAT
WE PUT TOGETHER INVOLVED A SPEECH AND A CONVERSATION WITH DR. VEGA
FERRER, AND SHE WAS NOTHING BUT GRACIOUS AND KIND TO ME. SHE WAS
NOTHING BUT GRACIOUS AND KIND TO THE REST OF THE STAFF BECAUSE SHE KNEW
THAT THE COLLEGE WAS WORKING REALLY HARD TO PUT TOGETHER NOT ONLY A
SERIES OF SPEAKING EVENTS FOR THE NEW INCOMING CLASS, BUT ALSO THAT IT
WAS IN A POSITION WHERE IT WAS TRYING TO GROW AND EXPAND AND DR.
FERRER WAS AN IMPORTANT ASPECT OF THAT. AND I -- I GAVE HER MY -- MY
GRATITUDE AND HOW SHE GAVE ME SUCH ENCOURAGING WORDS AS SUCH A
YOUNG PERSON AT THAT TIME AND GROWING IN MY CAREER, AND I JUST SIMPLY
WANTED TO SAY THANK YOU. AND I CONGRATULATE HER ON THIS
ACCOMPLISHMENT AND I THANK HER FOR THIS SERVICE NOT ONLY HERE FOR THE
CITY OF NEW YORK, BUT FOR THE ENTIRE STATE OF NEW YORK. (SPEAKING
FOREIGN LANGUAGE)
ACTING SPEAKER J.D. RIVERA: THANK YOU.
MS. SEPTIMO.
MS. SEPTIMO: THANK YOU. FIRST, I WOULD LIKE TO
CONGRATULATE ALL OF THE REGENTS, THE NEW AND REAPPOINTED MEMBERS, TO
THANK THEM FOR THEIR WORK. BUT I DO WANT TO TAKE A MOMENT TO ALSO
TALK ABOUT DR. ARAMINA VEGA FERRER, AN EXTRAORDINARY EDUCATIONAL
LEADER WITH MORE THAN FOUR DECADES OF EXPERIENCE WHO'S BEING PUT
FORTH AS A REPRESENTATIVE FOR THE BRONX. LIKE SO MANY BEFORE ME HAVE
SAID, DR. VEGA FERRER HAS BUILT A CAREER ON IMPROVING THE QUALITY OF
EDUCATION PROGRAMS FOR STUDENTS FROM DIVERSE CULTURAL BACKGROUNDS
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NYS ASSEMBLY MARCH 2, 2021
AND LINGUISTIC BACKGROUNDS. AND SHE'S ALSO BEEN A PIONEER IN
EDUCATIONAL PROGRAMS THAT CONNECT FAMILIES, EDUCATORS AND STUDENTS IN
ORDER TO GROW STUDENT ACHIEVEMENT IN PRE-K THROUGH 12 SCHOOLING AND
ENSURE COLLEGE READINESS. WHILE THESE ACHIEVEMENTS AND THE MANY
MORE THAN CAN BE CREDITED TO DR. VEGA FERRER ARE IMPRESSIVE, I AM
MOST EXCITED TO SUPPORT HER SERVING ON THE BOARD OF REGENTS BECAUSE
OF WHAT HER ELECTION WILL MEAN FOR STUDENTS ACROSS NEW YORK. IT IS
CRITICAL THAT LEADERS IN EDUCATION HAVE A LIFE EXPERIENCE THAT ALLOWS
THEM TO UNDERSTAND AND CONNECT WITH THE NEEDS OF THE STUDENTS THAT
THEY SERVE. FROM REGENT TO CHANCELLOR TO TEACHERS, I BELIEVE THAT WE
NEED LEADERS IN EDUCATION WHO CAN UNDERSTAND CULTURE, DEMOGRAPHICS
AND LEARNING STYLES, AND TAKE IN ALL OF THIS INFORMATION TO ENSURE THAT
WE ARE CRAFTING STRONG EDUCATION POLICIES THAT WILL MEET THE NEEDS OF
ALL THE STUDENTS ACROSS NEW YORK.
SO FROM ONE BRONX LADY TO ANOTHER, I CONGRATULATE DR.
VEGA FERRER ON TAKING THIS IMPORTANT STEP IN HER CAREER, AND ULTIMATELY
WOULD LIKE TO THANK HER FOR TAKING THIS IMPORTANT STEP FOR OUR BRONX
COMMUNITY. THANK YOU.
ACTING SPEAKER J.D. RIVERA: THANK YOU.
MR. BRONSON.
MR. BRONSON: THANK YOU, MR. SPEAKER. FIRST, I
WANT TO CONGRATULATE ALL OF THE REGENTS, THOSE RETURNING AND THE NEW
REGENTS, AND THANK YOU FOR VOLUNTEERING TO SERVE AND DEDICATING
YOURSELF TO EDUCATION AND ALL THE OTHER ISSUES THAT THE BOARD OF REGENTS
WILL HAVE TO ADDRESS. I ALSO WANT TO THANK CHAIRS BENEDETTO AND GLICK
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NYS ASSEMBLY MARCH 2, 2021
FOR THEIR HOURS OF WORK IN SELECTING THE REGENTS THIS YEAR. YOU KNOW,
TODAY MARKS A GOOD DAY FOR OUR CHILDREN AND THEIR EDUCATION. I AM
HONORED TO JOIN MY COLLEAGUES IN WELCOMING RUTH TURNER AS A MEMBER
OF THE NEW YORK STATE BOARD OF REGENTS FOR THE 7TH JUDICIAL DISTRICT.
MR. SPEAKER, LET ME START BY SAYING THAT RUTH TURNER IS ONE OF MANY,
MANY HIGHLY-QUALIFIED APPLICANTS FROM THE 7TH JUDICIAL DISTRICT. EVERY
SINGLE ONE OF THEM BROUGHT FORTH IMMENSE PASSION, A WIDE RANGE OF
EXPERIENCE AND A CLEAR VISION FOR THE FUTURE OF EDUCATION. WE HAD
MANY QUALIFIED CANDIDATES AND THE DECISION WAS NOT EASY. BUT AMONG
THIS POOL, RUTH TURNER TRULY STOOD OUT. A GRADUATE OF THE ROCHESTER
CITY SCHOOL DISTRICT. THE FIRST IN HER FAMILY TO ATTEND COLLEGE. A
TRAINED SOCIAL WORKER. AN INSTRUCTOR, EDUCATION ADVOCATE AND SOMEONE
WITH DEEP, DEEP TIES TO OUR COMMUNITY. MS. TURNER'S BACKGROUND AS
AN EDUCATOR AND SOCIAL WORKER BRINGS INTO FOCUS THAT SCHOOLS ARE NOT
ONLY ABOUT EDUCATION, BUT THEY ARE ALSO RESPONSIBLE FOR THE EMOTIONAL
AND MENTAL HEALTH OF OUR STUDENTS. MS. TURNER UNDERSTANDS THE ROLE
TEACHERS, ADMINISTRATORS, SCHOOL COUNSELORS, SOCIAL WORKERS, NURSES AND
PSYCHOLOGISTS ALL PLAY IN ASSISTING OUR STUDENTS' SUCCESS. AS I
UNDERSTAND IT, CURRENTLY THERE IS NO MEMBER OF THE BOARD OF REGENTS
WITH A BACKGROUND IN SOCIAL WORK. THIS PERSPECTIVE WILL BE
IMMENSELY VALUABLE TO ADDRESS THE SOCIAL AND EMOTIONAL WELL-BEING OF
OUR STUDENTS, ESPECIALLY RIGHT NOW AS WE CONSIDER THE FULL IMPACT OF
COVID-19 ON THE EDUCATION AND THE MENTAL HEALTH OF OUR YOUNG
PEOPLE ACROSS THE STATE. RUTH TURNER KNOWS THAT THE INTERSECTIONALITY
OF EDUCATION AND MENTAL HEALTH SERVICES PROVIDE A SIGNIFICANT BENEFIT
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NYS ASSEMBLY MARCH 2, 2021
TO STUDENTS, THEIR FAMILIES AND THE SCHOOL COMMUNITY.
RUTH, I WELCOME YOU ONTO THE BOARD OF REGENTS AND
LOOK FORWARD TO WORKING WITH YOU TO ADDRESS THE NEEDS OF THE FAMILIES
IN ROCHESTER AND MONROE COUNTY AND THROUGHOUT THE 7TH JUDICIAL
DISTRICT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER J.D. RIVERA: THANK YOU.
MS. CLARK.
MS. CLARK: THANK YOU TO THE CHAIRS, THE SPEAKER
AND ALL WHO PARTICIPATED IN THIS PROCESS. I AM OVERWHELMED WITH ALL
WHO ADVOCATE FOR OUR CHILDREN EVERY DAY. TODAY IT IS MORE IMPORTANT
THAN EVER THAT OUR EDUCATION LEADERS ARE FORWARD-THINKING, INNOVATIVE
AND DEDICATED TO THE SOCIAL JUSTICE AND SYSTEMIC CHANGE. THAT THEY ARE
READY FOR THE CHALLENGES WE FACE AND HAVE SOLUTIONS TO MOVE US IN THE
RIGHT DIRECTION. I'VE HAD THE PLEASURE TO KNOW RUTH TURNER FOR YEARS. I
HAVE SEEN HER IN ACTION WITH STUDENTS, TEACHERS AND PARENTS, ALWAYS
WITH A HAND READY TO LIFT YOU UP, BUILDING TEAMS AND FOSTERING TRUST
AMONG DIVERSE STAKEHOLDERS. RUTH HAS MORE THAN 16 YEARS OF
EXPERIENCE WORKING IN LARGE URBAN SCHOOL SYSTEMS. SHE KNOWS SCHOOLS
INSIDE AND OUT AND IS NEVER AFRAID TO CHAMPION NEEDED REFORM. THIS
APPOINTMENT TO REPRESENT THE 7TH JUDICIAL DISTRICT WILL GIVE HER THE
OPPORTUNITY TO CONTINUE HER WORK ADVOCATING FOR QUALITY AND
TRANSFORMATIVE EDUCATION. WE NEED MORE LEADERS LIKE RUTH WHO HAVE
THE TRUST OF MARGINALIZED FAMILIES AND EDUCATORS ALIKE. SHE
UNDERSTANDS THE STRUCTURAL INEQUALITIES SO MANY OF OUR FAMILIES AND
STUDENTS FACE, AND THE TRAUMA COMPOUNDED BY RACIAL AND
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NYS ASSEMBLY MARCH 2, 2021
SOCIOECONOMIC BIASES. THIS IS SO IMPORTANT NOW BECAUSE THE LONG
EXISTING INEQUITIES IN EDUCATION HAVE ONLY WORSENED SINCE THE START OF
THE PANDEMIC. AND ACROSS ALL NEW YORK, SCHOOL DISTRICTS ARE FACING
NEW AND UNIQUE CHALLENGES THAT WE ARE ONLY BEGINNING TO ACCOUNT FOR.
WITH BOTH SCHOOL ADMINISTRATIVE EXPERIENCE AND A LICENSED CLINICAL
SOCIAL WORKER, RUTH BRINGS A UNIQUE SKILL SET TO THE TABLE. SHE'S AN
EXPERT ON RESTORATIVE PRACTICES AND CULTIVATES ENVIRONMENTS THAT
NURTURE POSITIVE, SOCIAL AND EMOTIONAL OUTCOMES FOR ALL. I HAVE
WATCHED HER TRANSFORM THE LIVES OF COUNTLESS YOUNG PEOPLE,
EMPOWERING THEIR VOICE AND THEIR TALENT. I KNOW RUTH IS READY. SHE
MEETS STUDENTS WHERE THEY ARE. SHE UNDERSTANDS HOW ACADEMIC
SUCCESS IS SO OFTEN AFFECTED BY SOCIAL STRESSORS, TRAUMA, MENTAL HEALTH
AND EMOTIONAL NEEDS. SHE KNOWS HOW TO BUILD THOSE CRUCIAL BRIDGES
BETWEEN HOME AND SCHOOL LIFE. SHE WILL BE AN ASSET TO OUR
ADMINISTRATORS AND TEACHERS ACROSS THE STATE AS NEW POLICIES AND
PROCEDURES ARE NEEDED. WE KNOW THE TERM "GOING BACK TO SCHOOL" WILL
NOT HOLD THE SAME MEANING FOR YEARS TO COME. AND MOST IMPORTANTLY,
RUTH EMBODIES EVERYTHING WE WANT AND NEED FROM OUR PUBLIC
EDUCATION SYSTEM. SHE IS A FIRST-GENERATION IMMIGRANT FROM ERITREA,
MADE HER WAY TO ROCHESTER BY WAY OF QUEENS, A GRADUATE FROM THE
SAME HIGH SCHOOL AS ME. SHE IS THE FIRST IN HER FAMILY TO ATTAIN A
COLLEGE DEGREE. MOM TO THREE CHILDREN AND MARRIED FOR 23 YEARS TO HER
LOVING HUSBAND, DR. WILLIAM TURNER. I BELIEVE SHE IS THE RIGHT PERSON
AT THE RIGHT TIME TO JOIN THE BOARD OF REGENTS. I AM BEYOND PROUD TO
KNOW HER AND HONORED TO CAST MY VOTE.
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NYS ASSEMBLY MARCH 2, 2021
CONGRATULATIONS.
ACTING SPEAKER J.D. RIVERA: THANK YOU.
MR. MEEKS.
(PAUSE)
WE'LL MOVE ON TO MS. LUNSFORD.
(PAUSE)
MR. MEEKS: CAN YOU HEAR ME?
ACTING SPEAKER J.D. RIVERA: THANK YOU, YES.
MR. MEEKS: ALL RIGHT. THANK YOU, MR. SPEAKER. I
AM THRILLED TO WELCOME RUTH B. TURNER AS OUR NEXT APPOINTEE TO THE
NEW YORK STATE BOARD OF REGENTS. RUTH B. TURNER IS THE RIGHT WOMAN
FOR THESE TIMES. ADDRESSING THE RACIAL INEQUITY IMBEDDED IN OUR PUBLIC
EDUCATION SYSTEM, WE MUST PLACE INDIVIDUALS WITH LIVED EXPERIENCES IN
POSITIONS OF INFLUENCE. WE MUST BE INTENTIONAL IN APPOINTING MEMBERS
REFLECTIVE AND REPRESENTATIVE OF THE DEMOGRAPHICS MOST IMPACTED BY
THEIR DECISIONS AND LEADERSHIP. MS. TURNER IS A STRONG EDUCATOR THAT IS
ACUTELY AWARE OF THE NEEDS OF HISTORICALLY MARGINALIZED AREAS IN OUR
COMMUNITY. AS A BLACK WOMAN, IN THIS SEAT SHE WILL BRING A
PROFESSIONAL AND PERSONAL PERSPECTIVE TO HOW WE APPROACH DISPARITY IN
ROCHESTER SCHOOLS. INDIVIDUAL, INSTITUTIONAL AND STRUCTURAL RACISM HAVE
HISTORICALLY IMPACTED EDUCATION, AND THE INJUSTICES ARE STILL FELT TODAY.
THE CITY OF ROCHESTER HAS ONE OF THE MOST ECONOMICALLY-SEGREGATED
SCHOOL DISTRICT BOARDS IN THE COUNTRY. OUR STUDENTS HAVE BEEN ENDURING
A SYSTEMIC CRISIS THAT WE MUST BEGIN TO REMEDY TO RESTORE THE PRACTICES.
MS. TURNER WILL HAVE THE UNIQUE OPPORTUNITY AS A CLINICAL SOCIAL
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NYS ASSEMBLY MARCH 2, 2021
WORKER, THERAPIST AND EDUCATOR TO HELP COMBAT A WIDE RANGE OF ISSUES.
PERHAPS THE MOST PRESSING ISSUE IS THAT OVER 50 PERCENT OF CHILDREN IN
ROCHESTER LIVE IN POVERTY, AS SYSTEMS HAVE BUILT THIS INEQUALITY. AND
WITH LEADERS SUCH AS MS. TURNER, WE HAVE A REAL OPPORTUNITY FOR
POSITIVE CHANGE. OUR STUDENTS DESERVE BETTER, AND THE APPOINTMENT OF
MS. RUTH B. TURNER PROVIDES HOPE FOR A BETTER FUTURE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER J.D. RIVERA: THANK YOU.
MS. LUNSFORD.
MS. LUNSFORD: THANK YOU. I AM PROUD TO STAND
WITH MY COLLEAGUES TODAY TO SUPPORT THIS HIGHLY QUALIFIED AND DIVERSE
GROUP OF PROFESSIONALS. BUT I TAKE SPECIAL PRIDE IN SUPPORTING
ROCHESTER'S OWN RUTH B. TURNER. RUTH BRINGS WITH HER A HOST OF
PROFESSIONAL AND LIFE EXPERIENCES THAT MAKE HER AN IDEAL LEADER FOR OUR
REGION. AS A LICENSED CLINICAL SOCIAL WORKER, RUTH HAS A DEEP
UNDERSTANDING OF THE STRUGGLES OUR STUDENTS ARE FACING. HER WORK IN
UNDERSERVED COMMUNITIES AND URBAN EDUCATION SETTINGS HAS GIVEN THE
COMMUNITY FAITH IN HER ABILITIES AND TRUST IN HER VALUES. I WISH EVERY
REGENT WAS LIKE RUTH. AND I LOOK FORWARD TO WORKING WITH HER TO
BUILD AN EDUCATION SYSTEM THAT TREATS EVERY STUDENT WITH DIGNITY, EQUITY
AND LOVE.
CONGRATULATIONS, AND THANK YOU TO ALL OF THE REGENTS
FOR VOLUNTEERING THEIR TIME AND GIVING OF THEMSELVES. THANK YOU.
ACTING SPEAKER J.D. RIVERA: THANK YOU.
MR. MAGNARELLI.
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NYS ASSEMBLY MARCH 2, 2021
MR. MAGNARELLI: THANK YOU. FIRST I, TOO, WANT
TO CONGRATULATE ALL OF THE REGENTS APPOINTED TODAY. ALSO, THANK YOU TO
OUR CHAIRS GLICK AND BENEDETTO FOR ALL THEIR HARD WORK. BUT IT'S A GREAT
HONOR TO SUPPORT THE REAPPOINTMENT OF ELIZABETH HAKANSON AS REGENT
FOR THE 5TH JUDICIAL DISTRICT. ELIZABETH S. HAKANSON IS A SYRACUSE AREA
RESIDENT AND AN EDUCATOR WITH MORE THAN 32 YEARS OF EXPERIENCE IN
PROGRAMS RANGING FROM EARLY HEAD START TO ADULT EDUCATION TO TEACHING
SOCIAL STUDIES AT BOTH HIGH SCHOOL AND MIDDLE SCHOOL LEVELS IN THE
SYRACUSE PUBLIC SCHOOL DISTRICT. MS. HAKANSON EARNED BOTH A
BACHELOR'S DEGREE AND A MASTER'S DEGREE FROM MY ALMA MATER, SYRACUSE
UNIVERSITY, AND A CERTIFICATE OF ADVANCED STUDY FROM SUNY OSWEGO.
SHE HAS BEEN IDENTIFIED TWICE AS A FULBRIGHT SCHOLAR, ONCE AS A
WOODROW WILSON FELLOW. MS. HAKANSON HAS BEEN RECOGNIZED FOR
HAVING EXCELLENT MEDIATION AND RELATIONSHIP SKILLS, AND HAS A PROVEN
RECORD OF DESIGNING, IMPLEMENTING AND ENHANCING EDUCATION THAT IS
MULTICULTURAL USING STRATEGIC MODELS AND DIVERSE CURRICULUM. SHE
MOTIVATES THOSE SHE WORKS WITH AND INSPIRES EDUCATORS TO ADVANCE
THEIR EDUCATIONAL MODELS. A QUALITY EDUCATION OF OUR CHILDREN HAS
ALWAYS BEEN HER FIRST PRIORITY.
CONGRATULATIONS, LIZ.
ACTING SPEAKER AUBRY: THANK YOU.
MS. BUTTENSCHON.
MS. BUTTENSCHON: MR. SPEAKER, I RISE TO SPEAK
ON THIS RESOLUTION. THE COVID-19 CRISIS HAS POSED MANY CHALLENGES
FOR OUR PUBLIC SCHOOLS AND COLLEGES. OUR STUDENTS, TEACHERS, STAFF AND
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NYS ASSEMBLY MARCH 2, 2021
PARENTS HAD TO QUICKLY ADJUST TO THE CHANGES THAT VIRTUAL AND HYBRID
LEARNING PRESENTED. IN ADDITION, OUR SCHOOL DISTRICTS STRUGGLED TO
MANAGE UNPREDICTABLE BUDGETS AND INCREASED FINANCIAL STRAINS. WE ARE
ALL AWARE THAT THESE ISSUES ARE NOT GOING TO GO AWAY ANY TIME SOON. SO
IT IS SO IMPORTANT THAT THE BOARD OF REGENTS FACES THESE CONCERNS TO
ENSURE THE MODIFICATION OF EDUCATIONAL ACTIVITIES, PROGRAMS AND ISSUES
THAT WILL COME FORWARD TO OUR STUDENTS, EDUCATORS AND MANY MORE. AS
A FORMER EDUCATOR AND ACADEMIC DEAN AT MOHAWK VALLEY COMMUNITY
COLLEGE, I KNOW THAT A STABLE LEARNING ENVIRONMENT BEGINS WITH
ADVOCACY AND INPUT FROM ALL STAKEHOLDERS. THE IMPORTANCE OF THIS
ELECTION OF THE FOUR NEW YORK STATE BOARD OF REGENTS MEMBERS TODAY
THAT INCLUDES CANDIDATES WITH EXPERIENCE OF SERVING ON THE BOARD AND
NEW MEMBERS THAT WILL BRING THEIR EXPERTISE TO SHARE FOR ALL. MY
COLLEAGUES HAVE PROVIDED THE EXCEPTIONAL BACKGROUND OF ALL THOSE
BEING ELECTED TODAY, AND I WANT TO WELCOME THE NEW MEMBERS, MS.
TURNER AND DR. VEGA FERRER. AND I ALSO WANT TO CONGRATULATE DR.
REYES AND MS. HAKANSON ON THEIR REELECTION. I HAD THE OPPORTUNITY TO
PARTICIPATE IN THE INTERVIEWS, AND I WANT TO THANK ALL THE CANDIDATES FOR
THEIR WILLINGNESS TO SCREEN FOR THESE IMPORTANT POSITIONS. I LOOK
FORWARD TO WITNESSING ALL MEMBERS' READINESS TO ASSIST ALL EDUCATIONAL
PARTNERS, OUR STUDENTS AND EDUCATORS, AND TO PROVIDE EVERYONE WITH THE
BEST LEARNING SETTINGS. OUR STUDENTS DESERVE A SAFE AND HEALTHY
LEARNING ENVIRONMENT THAT BROADENS THEIR PERSPECTIVES AND PROVIDES
THEM WITH EVERY OPPORTUNITY TO EXCEL AND SUCCEED ACADEMICALLY,
EMOTIONALLY, MENTALLY AND PHYSICALLY. I WILL CONTINUE TO WORK HARD TO
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NYS ASSEMBLY MARCH 2, 2021
MAKE THIS A REALITY, BECAUSE NOTHING SHOULD STAND IN THE WAY OF THE
HIGH-QUALITY EDUCATION.
AGAIN, CONGRATULATIONS TO EVERYONE TODAY. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. BARRON.
MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.
I RISE TODAY TO SHARE SOMETHING VERY IMPORTANT WITH MY COLLEAGUES.
I'M CERTAIN ALL FOUR OF THESE REGENT MEMBERS, OR SOON-TO-BE MEMBERS
HAVE IMPRESSIVE RESUMES. I'VE READ SOME OF THEM AND WERE IMPRESSIVE
IN INTERVIEWS. BUT I WANT TO ENCOURAGE US TODAY THAT WE NEED REGENT
MEMBERS THAT ARE STRONG ENOUGH TO STAND UP TO THIS GOVERNOR WHEN HE
CUTS THE BUDGET. STRONG ENOUGH TO STAND UP FOR THE CHILDREN OF THIS
STATE. WE NEED REGENTS THAT ARE RADICAL, REVOLUTIONARY, PROGRESSIVE.
AND I SAY THIS BECAUSE I, TOO, AM LOOKING FORWARD TO HIM -- THE
GOVERNOR BEING STRIPPED AND EVEN IMPEACHED. BUT IN THE MEANTIME,
ON THIS ISSUE, THE REGENT IS THE MOST IMPORTANT EDUCATION JOB IN THIS
STATE, AND I WANT TO ENCOURAGE THESE FOUR REGENTS AND OTHERS TO FOLLOW
THE MODEL OF DR. ADELAIDE SANFORD. DR. ADELAIDE SANFORD WAS A
REGENT FOR SEVERAL YEARS AND EVEN ROSE TO VICE-CHANCELLOR. DR.
ADELAIDE SANFORD HAD A GREAT COMMITMENT TO OUR CHILDREN, PARTICULARLY
AFRICAN CHILDREN. AND SHE WAS UNCOMPROMISING IN HER POSITIONS AND
SHE WAS UNAFRAID, UNBOSSED, UNBOUGHT AND BOLD. THIS IS WHY THE OTHER
REGENT MEMBERS DIDN'T VOTE HER IN AS CHANCELLOR, WHICH SHE SHOULD
HAVE BEEN. AND THE NEW CHANCELLOR, DR. LESTER YOUNG, COULD VALIDATE
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NYS ASSEMBLY MARCH 2, 2021
THIS WITH ME BECAUSE HE WAS A GUIDANCE COUNSELOR AT PS 21 WHERE DR
ADELAIDE SANFORD WAS A PRINCIPAL. AND SHE TOOK THAT SCHOOL FROM THE
BOTTOM TO THE TOP, TO ONE OF THE BEST IN THE STATE. AND SHE STARTED THE
DEPARTMENT -- OR THE BOARD OF EDUCATION OF PEOPLE OF AFRICAN
DESCENT, FOCUSING ON THE DEVELOPMENT OF AFRICAN CHILDREN.
SO AS WE VOTE ON THESE, PLEASE REMEMBER DR.
ADELAIDE SANFORD. IMPECCABLE CREDENTIALS, BRILLIANT, UNAFRAID, BOLD.
EVEN TOOK ON THE QUESTION OF EBONICS AND THE IMPORTANCE OF THAT BEING
USED AS A TOOL TO TEACH THE MASTERY OF STANDARD ENGLISH AND ALSO TO
BUILD HIGH SELF-ESTEEM IN AFRICAN CHILDREN. WE ARE LIVING IN VERY, VERY
CRITICAL TIMES, AND THESE TIMES CALL FOR RADICAL SOLUTIONS. AND NOT JUST
GO ALONG, GET ALONG SOLUTIONS. NOT JUST HIGHFALUTIN WORDS THAT ARE USED
IN THE EDUCATION AND NOT COMING FORTH WITH REAL GUSTO OF PROGRAMS FOR
OUR CHILDREN, ESPECIALLY DURING THESE CRITICAL TIMES AND THIS PANDEMIC.
SO I APPLAUD THOSE WHO ARE GOING FORTH THIS TIME. I
DON'T KNOW YOU VERY WELL. I SEE YOUR RESUME IS IMPRESSIVE. I'LL BE
WATCHING TO SEE HOW YOUR PRACTICE IS, AND I JUST HOPE THAT YOU CAN LOOK
UP AND STUDY AND EVEN TALK TO DR. ADELAIDE SANFORD. SHE WAS THE
MODEL REVOLUTIONARY REGENT OF OUR TIME AND SHOULD BE HONORED.
THANK YOU.
ACTING SPEAKER AUBRY: ON THE CONCURRENT
RESOLUTION, THE CLERK WILL RECORD THE VOTE ON RESOLUTION NO. 438.
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.
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NYS ASSEMBLY MARCH 2, 2021
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS IN THE NEGATIVE: MR. GANDOLFO, MR.
PALMESANO, MR. RA AND MR. SCHMITT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RESOLUTION IS ADOPTED.
MRS. PEOPLES-STOKES: MR. SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: IF WE COULD GO ON PAGE 6
ON THE MAIN CALENDAR AND TAKE UP CALENDAR NO. 136, WHICH IS
ASSEMBLY BILL 5471 BY MR. OTIS.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05471, CALENDAR NO.
136, OTIS. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO TOWN JUSTICES
OF THE TOWN OF RYE FOLLOWING THE DISSOLUTION OF THE PORT CHESTER
VILLAGE COURT.
ACTING SPEAKER AUBRY: THERE'S AN
AMENDMENT AT THE DESK.
MAJORITY LEADER.
MRS. PEOPLES-STOKES: MR. SPEAKER, IT IS MY
UNDERSTANDING THAT THE -- THE MINORITY HAS AN INTENTION TO ADD AN
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NYS ASSEMBLY MARCH 2, 2021
AMENDMENT TO EACH AND EVERY SINGLE SOLITARY ON OUR CALENDAR. I THINK
THAT IN CONVERSATIONS WITH THE PARLIAMENTARIAN THAT THIS IS NOT A GOOD
CALL. THEY SHOULD NOT BE ENGAGING IN THIS. THIS AMENDMENT IS NOT
GERMANE TO MR. OTIS' BILL. AND I BELIEVE WE'RE AT -- THIS ACTION WOULD
ACTUALLY CAUSE THE MINORITY TO BE DILATORY TO THE BUSINESS OF THIS HOUSE
AND IT WILL BE OUT OF ORDER. I MIGHT ALSO ADD, MR. SPEAKER, THAT OUR
COLLEAGUES HAVE BEEN FOR THE ENTIRE DAY WORKING UNDER THE ASSUMPTION
THAT SOMEHOW ANY EFFORTS TO REIGN IN THE EXECUTIVE ORDERS OF THE
GOVERNOR SHOULD BE BASED ON HOW THEY THINK IT SHOULD LOOK. THIS IS
AN ENTIRE BODY HERE. WE -- NOTHING COULD BE FURTHER FROM THE TRUTH.
THE SPEAKER IS VERY DELIBERATE IN HIS EFFORTS TO PULL TOGETHER THE
DECISIONS THAT HAPPENED AROUND THIS, AND I FOR SURE KNOW THAT HE
ACTUALLY IS GOING TO DO EXACTLY THAT.
SO WITH THAT MR. SPEAKER, I WANT TO ASK THIS QUESTION
ONE MORE TIME. WOULD NOT THIS ACTION BY THE MINORITY REALLY BE
DILATORY TO THE BUSINESS OF THE HOUSE AND OUT OF ORDER?
ACTING SPEAKER AUBRY: MAJORITY LEADER, YES
TO YOUR INQUIRY. THE POINT IS WELL-TAKEN, AND AS SUCH I'LL RULE THAT THIS
AMENDMENT IS OUT OF ORDER AND SHOULD NOT BE CONSIDERED AGAIN.
MRS. PEOPLES-STOKES: THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: MR. SPEAKER, IT'S A LITTLE UNUSUAL FOR
THE SPEAKER TO RULE AN AMENDMENT OUT OF ORDER WITHOUT IT BEING READ OR
EVEN MOVED FOR ADOPTION. BUT HAVING MADE THAT RULING I WOULD APPEAL
THE RULING AND ASK FOR AN OPPORTUNITY TO EXPLAIN WHY THIS BILL IS
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GERMANE AND SHOULD BE CONSIDERED TODAY.
ACTING SPEAKER AUBRY: PROCEED.
MR. GOODELL: THE -- THE BILL-IN-CHIEF WOULD
PROVIDE THAT UPON THE DISSOLUTION OF THE VILLAGE OF PORT CHESTER'S
VILLAGE COURT, THE TOWN COURT OF RYE WOULD BE EXPANDED TO FOUR
JUSTICE -- JUSTICES, AND IN THIS BILL-IN-CHIEF WOULD PROVIDE A METHOD OF
SELECTING THE ADDITIONAL TWO JUSTICES. THE PROPOSED AMENDMENT WOULD
PROVIDE -- OR PROVIDES THAT WE PROCEED WITH THE LEGISLATION THAT WAS
INTRODUCED LAST YEAR BY MR. DIPIETRO AND REINTRODUCED THIS YEAR BY MR.
DIPIETRO, AND A COMPANION BILL OR VERY SIMILAR BILL IS BEING INTRODUCED
BY A DEMOCRATIC SENATOR IN THE SENATE THAT WOULD TAKE AWAY THE
GOVERNOR'S EXTRAORDINARY EXECUTIVE POWERS. AND OF COURSE WE HAVE
HEARD SOME OF THE HORRIFIC ABUSES THAT HAVE OCCURRED IN THE GOVERNOR'S
OFFICE IN THE LAST FEW DAYS, AND IT'S BEEN FRONT-PAGE NEWS NATIONALLY
ABOUT HOW DEADLY HIS ORDER WAS THAT COVID-ACTIVE PATIENTS MUST BE
ADMITTED INTO A NURSING HOME EVEN THOUGH THE FEDERAL GUIDELINES
OUTLINED WHAT A HORRIFIC DANGER THAT WAS. AND WE'VE HEARD THE HORRIFIC
SCANDAL OF MULTIPLE WOMEN NOW COMING FORWARD ALLEGING SEXUAL
HARASSMENT. AND -- AND THE ALLEGATIONS OF VERBAL ABUSE ARE JUST
SHOCKING. WHERE THE GOVERNOR WILL CALL A MEMBER OF OUR OWN BODY
AND SCREAM AT HIM AND SAY HE'S GOING TO DESTROY HIS LIFE. SO, WHILE
THOSE ARE AGAIN IN THE HEADLINES --
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WHY DO YOU RISE?
MRS. PEOPLES-STOKES: MR. SPEAKER, WITH ALL
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DUE RESPECT, OUR COLLEAGUE'S BILL, CALENDAR NO. 136, ASSEMBLY BILL
5471, IS NOT -- IS THE BILL IN QUESTION HERE. WOULD YOU PLEASE ASK OUR
COLLEAGUE TO STAY ON THE TOPIC OF THE BILL THAT WE WILL NEED TO BE TALKING
ABOUT TO MOVE US FORWARD? I -- I GET IT THAT WE ALL -- YOU KNOW, THERE IS
THIS EFFORT TO RUN POLITICAL THEATER THROUGH OUR CHAMBERS HERE TODAY. I
GET IT THAT THERE ARE SOME PEOPLE WHO FEEL UNCOMFORTABLE OR THINK THAT
THERE SHOULD BE CHANGES IN THE EXECUTIVE ORDERS. IN FACT, THERE ARE
PROBABLY ABOUT 150 MEMBERS OF THE ASSEMBLY WHO FEEL THAT WAY. BUT
TO HOLD UP A BILL THAT'S A LOCAL BILL --
MR. GOODELL: MR. SPEAKER --
MRS. PEOPLES-STOKES: -- THAT'S IMPORTANT TO THE
SPONSOR ON --
MR. GOODELL: MR. SPEAKER, POINT OF ORDER. IT IS
NOT THE ROLE OF THE MAJORITY LEADER TO DEBATE ON MY TIME MY
EXPLANATION OF ITS GERMANENESS. AND SO I'D ASK THAT YOU RESTORE A
MINUTE-AND-A-HALF OF MY TIME AND ALLOW ME TO FINISH TALKING ABOUT
GERMANENESS. AND IF SHE OPPOSES THE BILL --
ACTING SPEAKER AUBRY: SO, MR. GOODELL --
MR. GOODELL: -- WHICH SHE'S ALREADY SPOKEN ON --
ACTING SPEAKER AUBRY: SO, MR. GOODELL --
MR. GOODELL: SHE HAS ALREADY SPOKEN --
ACTING SPEAKER AUBRY: MR. GOODELL, SO
NOTED.
MR. GOODELL: MAY I PROCEED? AND PLEASE ADD
ANOTHER MINUTE-AND-A-HALF TO MY TIME.
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WE ARE AWARE OF THESE HORRIFIC ABUSES THAT HAVE BEEN
ON THE FRONT PAGE OF THE PAPER. BUT WHAT A LOT OF PEOPLE DON'T REALIZE IS
THE GOVERNOR'S EMERGENCY AUTHORITY HAS BEEN ABUSED IN SO MANY OTHER
AREAS, INCLUDING SPECIFICALLY THE OPERATION OF OUR VILLAGE COURTS. AND
THE BILL-IN-CHIEF DEALS WITH OUR VILLAGES COURTS. AND SO THE GOVERNOR
UNILATERALLY EXTENDED THE TIME TO ANSWER ANY SUMMONS OR COMPLAINT.
UNILATERALLY. AS THOUGH FOR SOME REASON ANSWERING A SUMMONS OR
COMPLAINT IN VILLAGE COURT POSED A HEALTH THREAT. AND THE GOVERNOR
UNILATERALLY EXTENDED THE STATUTE OF LIMITATIONS AS THOUGH HAVING AN
EXTENDED TIME PERIOD TO FILE A LAWSUIT IN ANY WAY WAS RELATED TO
COVID. AND THE GOVERNOR HAS BASICALLY PULLED THE RUG OUT FROM
UNDER ALL OF OUR COURTS, INCLUDING VILLAGE COURTS, INCLUDING THE VILLAGE
COURT IN THE TOWN OF RYE. AND SO RIGHT NOW IF YOU ARE A PLAINTIFF AND
YOU WANT TO FILE A SMALL CLAIMS COURT ACTION BECAUSE YOU'VE BEEN
DAMAGED AND YOU WANT TO APPLY THAT IN THE VILLAGE COURT IN THE VILLAGE
OF CHESTER OR THE TOWN OF RYE, BECAUSE OF THE EXECUTIVE'S ACTION YOU
HAVE NO ACCESS. NONE. AND SO IT IS GREAT THAT WE TALKED ABOUT PAINTING
THE SIDE OF A BUILDING THAT'S ON FIRE IN THE INSIDE -- WHICH IS WHAT WE'RE
DOING HERE, OR PUTTING, AS WE WOULD LIKE TO SAY IN THE COUNTRY, "LIPSTICK
ON A PIG." THE TRUTH OF THE MATTER IS WE DON'T NEED FOUR JUDGES IN THE
TOWN OF RYE WHEN THE TOWN OF RYE CAN'T HEAR CASES. WE DON'T NEED
FOUR JUDGES IN THE TOWN OF RYE WHEN YOU CANNOT BRING AN EVICTION
ACTION AGAINST SOMEBODY WHO'S MAKING MORE MONEY THAN THEY'VE EVER
MADE IN THEIR LIFE. SO THIS AMENDMENT SAYS LET US RESTORE CHECKS AND
BALANCES WITH THE JUDICIARY AND REMOVE THE POWER OF THE GOVERNOR
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NYS ASSEMBLY MARCH 2, 2021
OVER EVERYTHING. REMOVE THE POWER OF THE GOVERNOR TO SAY, YOU CAN'T
BRING A SMALL CLAIMS ACTION TO GET REDRESS. REMOVE THE POWER OF THE
GOVERNOR TO SAY, YOU CAN'T GO TO COURT TO GET BACK YOUR OWN PERSONAL
PROPERTY OR YOUR OWN REAL PROPERTY. LET'S FOCUS ON THE REAL ISSUE HERE
AND STOP TRYING TO PAPER OVER THE FACT THAT THIS LEGISLATION, LIKE SO MUCH
WE'RE DOING NOW, IS MEANINGLESS UNTIL WE ADDRESS THE FACT THAT THE
GOVERNOR, BY EXECUTIVE DICTATE, CAN DECIDE WHO CAN GO TO THE TOWN OF
RYE VILLAGE COURT TO GET JUSTICE. THAT'S WHY THIS IS RELEVANT. IT IS A
STATEMENT OF RESPECT TO THE TOWN OF RYE. IT IS A STATEMENT OF RESPECT TO
THE VILLAGE OF PORT CHESTER'S COURT. IT IS A STATEMENT OF RESPECT TO MY
DEMOCRATIC COLLEAGUE WHO WANTS TO SEE THIS COURT SYSTEM RUN
SMOOTHLY WHEN WE SAY, AS THE LEGISLATURE, WE UNDERSTAND YOU WANT
THE TOWN OF RYE COURT TO OPERATE EFFICIENTLY AND SO DO WE. AND THAT'S
WHY THE GOVERNOR, USING AN EXCUSE OF COVID, CANNOT BAR PEOPLE
FROM BRINGING AN ACTION OR GETTING JUSTICE OR PURSUING A DEFAULT
JUDGMENT, AS THE CASE MAY BE. BUT THE JUDGE CAN'T LOCK THE FRONT DOORS
OF THE TOWN COURT OF RYE OR ANYWHERE ELSE IN THIS STATE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL APPEALS
THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE HOUSE IS SHALL THE
DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE HOUSE. THOSE
VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR. THOSE VOTING NO
VOTE TO OVERRIDE THE DECISION OF THE CHAIR.
THE CLERK --
MR. GOODELL: MR. SPEAKER, A POINT OF ORDER BY
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NYS ASSEMBLY MARCH 2, 2021
MR. RA.
ACTING SPEAKER AUBRY: MR. RA, POINT OF
ORDER.
MR. RA: MR. SPEAKER, THE ASSEMBLY RULES ARE QUITE
CLEAR THAT WHEN A QUESTION IS BEFORE THE HOUSE, A MOTION TO AMEND
TAKES PRECEDENCE AND THERE ARE SEVERAL MOTIONS THAT ARE LISTED IN THE
ASSEMBLY RULES IN ORDER. SO I WOULD ARGUE THAT IT IS EXTREMELY CLEAR
IN OUR RULES THAT THIS MOTION TO AMEND IS PROPERLY BEFORE THE HOUSE.
SO I JOIN MR. GOODELL IN ARGUING THAT THIS MOTION IS PROPERLY BEFORE THE
HOUSE AND APPEALING THE RULING OF THE CHAIR.
THANK YOU.
ACTING SPEAKER AUBRY: THOSE VOTING YES
VOTE TO SUSTAIN THE RULING OF THE CHAIR. THOSE VOTING NO VOTE TO
OVERRIDE THE DECISION OF THE CHAIR.
THE CLERK WILL RECORD THE VOTE.
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. AGAIN, 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 PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CAUCUS WILL GENERALLY BE VOTING AGAINST THE RULING OF THE CHAIR, A
NEGATIVE VOTE. THOSE WOULD WHO LIKE TO VOTE IN FAVOR SHOULD CONTACT
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NYS ASSEMBLY MARCH 2, 2021
THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE PARTY VOTING IN THE
AFFIRMATIVE. THOSE WHO CHOOSE TO BE AN EXCEPTION SHOULD FEEL FREE TO
CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL SO RECORD YOUR DESIRE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE DECISION OF THE CHAIR IS SUSTAINED.
READ THE LAST SECTION ON CALENDAR [SIC] NO. A.5471.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: 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. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU, COLLEAGUES, AND THANK YOU
ALL. THIS IS A PRETTY ROUTINE LOCAL BILL. THIS IS A BILL WHERE THE TOWN OF
RYE HAS THE RESPONSIBILITY OF PICKING UP THE COURT RESPONSIBILITIES FOR
THE VILLAGE OF PORT CHESTER BECAUSE THE VILLAGE OF PORT CHESTER HAS
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NYS ASSEMBLY MARCH 2, 2021
ALREADY VOTED TO DISSOLVE THEIR COURT. AND THE TIMELINESS OF THIS
LEGISLATION TODAY IS SO THAT FOR THE NEW JUDICIAL POSITIONS THAT ARE
CREATED THAT WE CAN GET PETITIONS CARRIED FOR -- FOR THOSE SLOTS. THE NEW
POSITIONS ARE GOING TO BE EFFECTIVE ON AN APPOINTMENT BASIS THIS YEAR
BUT RUN AGAIN IN NOVEMBER. THIS IS JUST TO KEEP THE PROCESS GOING IN
TERMS OF COURT COVERAGE IN THE TOWN OF RYE THROUGHOUT THIS YEAR AND
ON TO THE FUTURE.
SO I THANK YOU ALL FOR YOUR SUPPORT FOR THIS RATHER
ROUTINE LOCAL REQUEST.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. I WANTED TO
COMMEND MY COLLEAGUE, MR. OTIS. I THINK THIS IS A GREAT MOVE TO TRY TO
CONSOLIDATE COURT OPERATIONS INTO ONE TOWN COURT. IT'LL PROVIDE MORE
DEPTH WITH THE COURT BY HAVING FOUR JUDGES RATHER THAN TWO COURTS WITH
TWO JUDGES. IT MAKES IT EASIER FOR SCHEDULING AND FOR THE PROCESSING.
AND WHILE I HAVE NEVER HAD A TICKET IN THE TOWN OF RYE, NOR DO I
INTEND TO, OR I'M NOT SUING ANYONE WHO RESIDES IN THE TOWN OF RYE NOR
DO I INTEND TO, I DO WANT TO COMMEND MR. OTIS. AND I LOOK FORWARD TO
THE DAY WHEN THE TOWN COURT IN THE TOWN OF RYE IS REOPENED IN FULL FOR
IN-PERSON PROCEEDINGS SO THAT IT CAN SERVE ALL OF THE RESIDENTS IN THE
TOWN OF RYE EXPEDITIOUSLY AND WITH GREAT DISCRETION AND JUDICIAL
JUSTICE.
SO WITH THAT, I WILL BE CASTING MY VOTE IN THE
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NYS ASSEMBLY MARCH 2, 2021
AFFIRMATIVE, COMMEND MY COLLEAGUE AND URGE MY OTHER COLLEAGUES TO
SUPPORT THIS BILL AS WELL. THANK YOU, SIR.
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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE NO
HOUSEKEEPING AND NO RESOLUTIONS.
MRS. PEOPLES-STOKES: WOULD YOU PLEASE CALL
ON MS. HUNTER FOR THE PURPOSES OF AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MS. HUNTER FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MS. HUNTER: YES, THANK YOU, MR. SPEAKER. THERE
WILL BE AN IMMEDIATE NEED FOR A MAJORITY CONFERENCE AT THE CONCLUSION
OF SESSION.
ACTING SPEAKER AUBRY: IMMEDIATE MAJORITY
CONFERENCE AT THE CONCLUSION OF SESSION.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:30 A.M., WEDNESDAY,
MARCH THE 3RD, TOMORROW BEING A SESSION DAY.
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NYS ASSEMBLY MARCH 2, 2021
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 4:48 P.M. THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, MARCH 3RD AT 10:30 A.M., THAT BEING A SESSION DAY.)
68