WEDNESDAY, MAY 26, 2021 11:59 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND ELIA WILL OFFER A PRAYER.
REVEREND DONNA ELIA: LET US PRAY. HOLY AND
MERCIFUL GOD, THANK YOU FOR THE BEAUTY OF THIS DAY AND FOR SIGNS OF
NEW LIFE THAT WE EASILY PASS BY. WAKE US UP TO THE BEAUTY AROUND,
WITHIN AND AMONG US. WE PAUSE TO GIVE THANKS FOR MEMBERS OF THIS
BODY WHO HAVE GONE TO THEIR REST, WHOM REMAIN IN OUR HEARTS BEFORE
YOU. THANK YOU FOR THEIR WORK AND DEDICATION AND FOR THE MANY WAYS
IN WHICH THEY CONTRIBUTED TO GOOD AND WORTHY LEGISLATION. THANK YOU
FOR THE RELATIONSHIPS THEY BUILT WHILE THEY WERE HERE. BLESS THEIR
FAMILIES AND MAY THEIR MEMORIES BE A BLESSING TO ALL WHO KNEW THEM.
AS THE WORK FOR TODAY STRETCHES BEFORE THIS BODY, LET EACH ONE FEEL
1
NYS ASSEMBLY MAY 26, 2021
COMMITMENT AND PURPOSE, EVEN IN SMALL MATTERS. LET EACH PERSON'S
VOICE BE HEARD WITH DIGNITY AND RESPECT. MAY WE DISAGREE BUT NOT
BECOME DISAGREEABLE. MAY THE ROAD BEFORE THEM BE AS SMOOTH AS
POSSIBLE, AND THANK YOU FOR THEIR RENEWED COMMITMENT TO PUBLIC
SERVICE. STRENGTHEN THE WEARY AND GIVE GOOD HEALTH TO ANY WHO FEEL
UNWELL. BE A WISE AND LOVING PRESENCE HERE IN THIS PLACE AND ACROSS
THIS ZOOM PLATFORM. EMPOWER ALL OF US TO DO THE WORK OF BUILDING A
MORE JUST SOCIETY. HELP US TO DISMANTLE RACISM AND ALL MANNER OF
DISCRIMINATION, AND DO NOT LET US GROW WEARY IN DOING WHAT IS
HONORABLE AND JUST.
IN YOUR HOLY NAME WE PRAY. AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, MAY 25TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MAY THE
25TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
2
NYS ASSEMBLY MAY 26, 2021
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. PRIOR TO GIVING A QUOTE, I WOULD LIKE TO CERTAINLY SAY HOW
PLEASED IT IS TO SEE -- I AM AND I HOPE WE WILL ARE -- TO SEE REVEREND
ELIA BACK IN OUR CHAMBERS TODAY. HER WORDS WERE NOT ONLY PERFECT,
BUT IT WAS GOOD TO HEAR THEM IN PERSON. SO AGAIN, I'M HONORED TO SEE
HER AGAIN. WE'LL ALSO BRING TO THE MEMBERS' ATTENTION THAT THIS IS THE
THIRD SESSION DAY OF THE 21ST WEEK OF THE 244TH LEGISLATIVE SESSION.
AND YOU DO HAVE ON YOUR CALENDAR -- ON YOUR DESK A MAIN CALENDAR.
BUT PART OF THAT -- I WANT TO JUST SHARE A QUOTE. IT'S FROM LISA OLIVERA.
SHE IS A LICENSED MARRIAGE AND FAMILY THERAPIST. HER WORDS FOR US
TODAY, SHAME TELLS US OUR STRUGGLES SHOULD BE KEPT SECRET. CONNECTION
TELLS US OUR STRUGGLES AREN'T SOMETHING TO BE ASHAMED OF. AGAIN, LISA
OLIVERA IS SHARING THOSE WORDS WITH US TODAY.
SO, YES, YOU DO HAVE ON YOUR DESK A MAIN CALENDAR
AND A DEBATE LIST. AFTER ANY HOUSEKEEPING FROM PAGE 3 -- RESOLUTIONS
ON PAGE 3, MR. SPEAKER, WE'RE GOING TO BE DOING ALL OUR WORK TODAY OFF
OF THE DEBATE LIST. AT THE CONCLUSION OF OUR WORK TODAY, WE CERTAINLY
WILL BE TAKING UP AN ANNUAL RESOLUTION THAT MEMORIALIZES OUR DECEASED
COLLEAGUES. THAT IS GENERALLY WHERE WE'RE GOING TODAY, MR. SPEAKER.
IF YOU HAVE ANY INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT
TIME.
ACTING SPEAKER AUBRY: CERTAINLY. WE DO
HAVE HOUSEKEEPING.
ON A MOTION BY MS. PAULIN, PAGE 10, CALENDAR NO.
78, RULES -- BILL NO. A.268, AMENDMENTS ARE RECEIVED AND ADOPTED.
3
NYS ASSEMBLY MAY 26, 2021
WE WILL START ON PAGE 3 WITH RESOLUTIONS. ASSEMBLY
NO. 340, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 340, MR.
ABINANTI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 21, 2021, AS TELEPRACTICE
AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 341, MS.
ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 28, 2021, AS MENSTRUAL HYGIENE
DAY IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF
THE ANNUAL INTERNATIONAL MENSTRUAL HYGIENE DAY.
ACTING SPEAKER AUBRY: MS. ROSENTHAL ON THE
RESOLUTION.
MS. ROSENTHAL: THANK YOU, MR. SPEAKER.
TODAY WE ARE ADOPTING MY RESOLUTION TO PROCLAIM MAY 28, 2021 AS
MENSTRUAL HYGIENE DAY IN THE STATE OF NEW YORK. MENSTRUAL HYGIENE
DAY IS A GLOBAL INITIATIVE THAT AIMS TO RAISE AWARENESS OF THE STIGMA AND
SHAME THAT STILL SURROUNDS MENSTRUAL CYCLES AROUND THE WORLD. WHILE
HERE IN NEW YORK STATE WE HAVE AXED THE TAX ON MENSTRUAL PRODUCTS
AND HAVE TAKEN STEPS TO ENSURE ACCESS TO THESE PRODUCTS IN CORRECTIONAL
4
NYS ASSEMBLY MAY 26, 2021
FACILITIES, SCHOOLS AND MORE PLACES, MANY INDIVIDUALS IN THIS STATE AND
ACROSS THE WORLD ARE STILL FORCED TO GO WITHOUT. WHILE FOR MANY
MENSTRUATING INDIVIDUALS A PERIOD MAY JUST BE A MONTHLY ROUTINE, FOR
OTHERS THE EXPERIENCE IS FAR MORE BURDENSOME. MANY PEOPLE
WORLDWIDE FIND THEMSELVES MISSING DAYS OF WORK DUE TO MENSTRUATION
EACH MONTH. IN SOME AREAS, ESPECIALLY IN DEVELOPING COUNTRIES, YOUNG
PEOPLE MAY MISS UP TO FIVE DAYS OF SCHOOL EACH MONTH DUE TO
MENSTRUATION, AND IN MANY PLACES WHERE SAFE AND HYGENIC MENSTRUAL
PRODUCTS ARE NOT READILY AVAILABLE, MENSTRUATING INDIVIDUALS OFTEN MUST
USE MAKESHIFT ITEMS, RISKING ILLNESS AND INFECTION ON A MONTHLY BASIS.
DESPITE THE PROGRESS WE HAVE MADE IN OUR MISSION OF ACHIEVING
MENSTRUAL EQUITY, THIS BIOLOGICAL PROCESS STILL HOLDS COUNTLESS PEOPLE
BACK FROM ACHIEVING THEIR FULL POTENTIAL AND CARRIES STILL AN IMMENSE
AMOUNT OF SHAME AND STIGMA.
BY DECLARING MAY 28TH MENSTRUAL HYGIENE DAY IN THE
STATE OF NEW YORK, WE WILL ENCOURAGE DISCUSSION AROUND THE TOPIC OF
MENSTRUAL EQUITY, EMPOWER INDIVIDUALS TO SPEAK OUT AND ENSURE THAT
MENSTRUATION OR LACK OF ACCESS TO MENSTRUAL PRODUCTS NO LONGER STANDS
AS -- AS A BARRIER.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 342, MS.
NIOU.
5
NYS ASSEMBLY MAY 26, 2021
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 2021, AS ASIAN PACIFIC AMERICAN
HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. AS WE CONTINUE OUR WORK FROM OFF OF OUR DEBATE LIST ON
YESTERDAY, IT JUST SO HAPPENS THAT THERE ARE THREE THAT WE CAN TAKE
ESSENTIALLY ON CONSENT. THE FIRST ONE IS RULES REPORT NO. 26,
ASSEMBLY BILL 5436. THE SECOND ONE IS CALENDAR NO. 323, ASSEMBLY
BILL 5858 BY MR. DINOWITZ. AND I APOLOGIZE, I DIDN'T SAY THE FIRST BILL
IS BY MRS. CLARK. THE THIRD BILL IS CALENDAR NO. 360. THAT ONE'S 4580
BY MR. LAVINE. AND THEN, MR. SPEAKER, BACK ON DEBATE WE'RE GOING TO
CALENDAR NO. 302, 302, ASSEMBLY BILL 3320 BY MR. EPSTEIN. FOLLOWED
IMMEDIATELY BY CALENDAR NO. 341, ASSEMBLY BILL 533, AND THAT ONE IS
BY MEMBER ROSENTHAL, LINDA ROSENTHAL.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
PAGE 4, RULES REPORT NO. 26, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05436-B, RULES
REPORT NO. 26, CLARK, GOTTFRIED, WEINSTEIN, KIM, LUNSFORD, BURDICK,
FAHY, WALLACE, SIMON, ZINERMAN, GRIFFIN, GONZÁLEZ-ROJAS,
6
NYS ASSEMBLY MAY 26, 2021
MAGNARELLI, GALEF, FORREST, THIELE, MCDONALD, OTIS, MEEKS, BRONSON,
ROZIC, CUSICK, STECK, COLTON, BARRETT, BARRON, CRUZ, ANDERSON,
SAYEGH, STIRPE, WOERNER, STERN, GLICK, VANEL, CAHILL, L. ROSENTHAL,
PICHARDO, RICHARDSON, ZEBROWSKI, WILLIAMS, BICHOTTE HERMELYN,
DINOWITZ, J.D. RIVERA, ABBATE, SILLITTI, BUTTENSCHON, CARROLL, LUPARDO,
MCMAHON, ABINANTI, GALLAGHER, FALL, JACOBSON, NOLAN, PERRY,
PEOPLES-STOKES, HUNTER, JACKSON, SANTABARBARA, KELLES, REYES, COOK.
AN ACT TO AMEND THE ELDER LAW, IN RELATION TO DIRECTING THE OFFICE OF
THE STATE LONG-TERM CARE OMBUDSMAN TO ADVERTISE AND PROMOTE THE
LONG-TERM CARE OMBUDSMAN PROGRAM (PART A); TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO REQUIRING THE COMMISSIONER OF HEALTH, IN
CONSULTATION WITH THE STATE LONG-TERM CARE OMBUDSMAN, TO ESTABLISH
POLICIES AND PROCEDURES FOR REPORTING, BY STAFF AND VOLUNTEERS OF THE
LONG-TERM CARE OMBUDSMAN PROGRAM, ISSUES CONCERNING THE HEALTH,
SAFETY AND WELFARE OF RESIDENTS AT RESIDENTIAL HEALTHCARE FACILITIES (PART
B); AND TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INCLUDING
ACCESS TO STATE LONG-TERM CARE OMBUDSMAN PROGRAM STAFF AND
VOLUNTEERS WITHIN THE PANDEMIC EMERGENCY PLAN PREPARED BY
RESIDENTIAL HEALTHCARE FACILITIES (PART C).
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CLARK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
7
NYS ASSEMBLY MAY 26, 2021
RECORD THE VOTE ON SENATE PRINT 612-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
FIRST VOTE OF THE DAY, MEMBERS.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 26, CALENDAR NO. 323, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05858-A, CALENDAR
NO. 323, DINOWITZ. AN ACT TO AMEND CHAPTER 455 OF THE LAWS OF 1997
AMENDING THE NEW YORK CITY CIVIL COURT ACT AND THE CIVIL PRACTICE
LAW AND RULES RELATING TO AUTHORIZING NEW YORK CITY MARSHALS TO
EXERCISE THE SAME FUNCTIONS, POWERS AND DUTIES AS SHERIFFS WITH RESPECT
TO THE EXECUTION OF MONEY JUDGMENTS OF THE SUPREME AND FAMILY COURTS
OF THE CITY OF NEW YORK AND DEFINING THE TERM "THE SHERIFF" AS USED
THEREIN, IN RELATION TO EXTENDING THE EFFECTIVENESS OF SUCH CHAPTER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 5858-A. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
8
NYS ASSEMBLY MAY 26, 2021
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 29, CALENDAR NO. 360, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04580-A, CALENDAR
NO. 360, LAVINE. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES,
IN RELATION TO REVISING THE CLARIFYING THE UNIFORM FOREIGN COUNTRY
MONEY-JUDGMENTS RECOGNITION ACT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAVINE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 523-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 24, CALENDAR NO. 302, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A3320-A, CALENDAR
9
NYS ASSEMBLY MAY 26, 2021
NO. 302, EPSTEIN, GOTTFRIED, REYES, SIMON, FALL, COOK, TAYLOR,
GALLAGHER, STECK, JACKSON, FERNANDEZ. AN ACT TO AMEND THE NEW YORK
CITY CIVIL COURT ACT AND THE REAL PROPERTY ACTIONS AND PROCEEDINGS
LAW, IN RELATION TO STIPULATIONS IN SUMMARY PROCEEDINGS TO RECOVER
POSSESSION OF REAL PROPERTY.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THIS BILL HAS AN INTERESTING
PROVISION THAT REQUIRES A JUDGE IN A HOUSING ACTION TO EVALUATE ALL THE
CLAIMS OR DEFENSES OF ANY SELF-REPRESENTED PARTY AND MAKES SURE THEY'RE
ADEQUATELY ADDRESSED. UNFORTUNATELY, THAT PROCESS FLIES IN THE FACE OF
WHAT WE NORMALLY CONSIDER AN APPROPRIATE ROLE OF A JUDGE. WHEN YOU
GO TO COURT, YOU SHOULD EXPECT THAT THE JUDGE IS GOING TO BE COMPLETELY
IMPARTIAL. THE LAST THING YOU WANT TO HAPPEN WHEN YOU GO IN FRONT OF A
JUDGE IS FOR THE JUDGE TO BE -- TO BE REQUIRED BY LAW TO EVALUATE ALL THE
CLAIMS AND DEFENSES THAT THE OTHER PARTY MIGHT HAVE. AND THEN IT GOES
ON ONE STEP FURTHER AND SAYS IN SELECTING A HOUSING COURT JUDGE, ONE OF
THE CRITERIA IS THAT YOU HAVE TO EVALUATE THE ABILITY OF THE JUDGE TO
HANDLE THESE TYPES OF MATTERS AND ACCURATELY DESCRIBE ALL THE DEFENSES
THAT A PARTY MIGHT HAVE. NOT BOTH PARTIES, JUST ONE. AND FINALLY IT SAYS
THAT A COURT MAY USE A COURT ATTORNEY TO CONFERENCE THE CASE, WHICH
MEANS WE HAVE TAXPAYERS PAYING FOR A LAWYER TO DEFEND SOMEBODY IN A
HOUSING COURT MATTER REGARDLESS OF THEIR INCOME LEVEL, AND WE REQUIRE
10
NYS ASSEMBLY MAY 26, 2021
THE JUDGE TO LIST ALL OF THE DEFENSES AND EXPLAIN THEM TO THAT INDIVIDUAL.
IT PUTS OUR JUDICIAL SYSTEM UPSIDE DOWN AT A TIME WHEN THE BACKLOG IN
THE NEW YORK CITY HOUSING COURT IS AT UNPRECEDENTED LEVELS. SO I
CERTAINLY AGREE THAT ANYONE WHO APPEARS IN HOUSING COURT SHOULD
ABSOLUTELY HAVE THE RIGHT TO HAVE THEIR OWN LEGAL COUNSEL - THERE'S NO
ISSUE ON THAT - IF YOU LACK INCOME YOU HAVE THE ABSOLUTE RIGHT TO ASK FOR
A LEGAL AID SOCIETY OR A COMPARABLE ORGANIZATION TO DEFEND YOU, AND
IN MY COUNTY THAT GROUP IS ONE OF THE MOST COMPETENT GROUPS OF
ATTORNEYS AS IT RELATES TO HOUSING MATTERS. BUT WHAT WE SHOULDN'T DO IS
ASK THE JUDGE TO EVALUATE ALL THE CLAIMS AND DEFENSES OF ONE PARTY AS A
STATUTORY REQUIREMENT. THAT UNDERPINS THE INDEPENDENCE OF THE
JUDICIARY AND BRINGS INTO QUESTION WHETHER THE JUDGE IS TRULY
INDEPENDENT.
FOR THAT REASON, I'LL BE OPPOSING THIS AND RECOMMEND
THAT MY COLLEAGUES ALSO OPPOSE IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 3320-A. 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
11
NYS ASSEMBLY MAY 26, 2021
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO
SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO THAT WE CAN
PROPERLY RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS PIECE OF
LEGISLATION. HOWEVER, COLLEAGUES DESIRING TO BE AN EXCEPTION SHOULD
FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE WHERE WE'LL BE HAPPY
TO RECORD YOUR VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. SO, IN THE NEW YORK CITY HOUSING COURT, OVER
200,000 CASES GO THROUGH EVERY YEAR WITH 90 PERCENT OF TENANTS IN THAT
PROCEEDING ARE UNREPRESENTED. THEY DON'T KNOW OR UNDERSTAND THEIR
RIGHTS, WHERE 90 PERCENT OF THE LANDLORDS ARE REPRESENTED. THIS CIVIL
BILL JUST REQUIRES THE COURT TO EXPLAIN THE STIPULATION TO THE PRO SE
LITIGANT, THE UNREPRESENTED PERSON, TO ENSURE THAT THEY UNDERSTAND THEIR
RIGHTS. THIS HAS NO ADDITIONAL COST TO THE COURT SYSTEM BECAUSE THEY
ALREADY HAVE COURT ATTORNEYS IN THIS -- IN THE BUILDING, HELPING TO
FACILITATE UNDERSTANDING THE -- THE STIPULATIONS. BUT WHAT IT REALLY DOES
12
NYS ASSEMBLY MAY 26, 2021
IS ENSURE THAT THE JUDGE GOES THROUGH EACH STEP OF THE AGREEMENT
BECAUSE THERE'S LOTS OF LEGAL LANGUAGE IN THOSE AGREEMENTS THAT THE PRO
SE LITIGANTS DON'T EVEN UNDERSTAND. MANY -- ENGLISH ISN'T THEIR FIRST
LANGUAGE. IT'S A SMART WAY TO ENSURE THAT PEOPLE WHO DON'T UNDERSTAND
THEIR LEGAL RIGHTS GET THE PROTECTION OF THE LEGAL SYSTEM AND THE COURT
SYSTEM, AND THE PERSON TO PROVIDE THAT PROTECTION IS THE JUDGE.
I'LL BE VOTING IN FAVOR OF THIS BILL. I ENCOURAGE ALL OF
MY COLLEAGUES TO DO THE SAME, AND I WANT TO THANK THE SPEAKER FOR
BRINGING THIS BILL TO THE FLOOR.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 27, CALENDAR NO. 341, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00533, CALENDAR NO.
341, L. ROSENTHAL, COOK, SIMON, LAVINE, DICKENS, TAYLOR, SEAWRIGHT,
GOTTFRIED, J. RIVERA, WEPRIN, QUART, WALKER, PERRY, CARROLL,
RICHARDSON, CRUZ, COLTON, STECK, LUPARDO, CLARK, MEEKS, GONZÁLEZ-
ROJAS, KELLES, OTIS, FORREST, FAHY, MCDONALD. AN ACT TO AMEND THE
CORRECTION LAW, IN RELATION TO THE ESTABLISHMENT OF A PROGRAM FOR THE
USE OF MEDICATION-ASSISTED TREATMENT FOR INMATES; AND TO AMEND THE
MENTAL HYGIENE LAW, IN RELATION TO THE IMPLEMENTATION OF SUBSTANCE
USE DISORDER TREATMENT AND TRANSITION SERVICES IN JAILS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
13
NYS ASSEMBLY MAY 26, 2021
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MS. ROSENTHAL, AN EXPLANATION HAS BEEN REQUESTED.
MS. ROSENTHAL: OKAY, LET ME... OKAY. THIS BILL
WOULD REQUIRE THE ESTABLISHMENT OF THE MEDICATION-ASSISTED TREATMENT
PROGRAM IN JAILS AND PRISONS STATEWIDE THAT INDIVIDUALS WITH A
SUBSTANCE USE DISORDER MAY OPT INTO.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU, MS. ROSENTHAL. SO, I HAVE
A FEW QUESTIONS ABOUT THE WAY THAT THIS PROGRAM WOULD ACTUALLY WORK.
WHO -- WHO ASKS TO -- DOES THE INMATE OR THE INCARCERATED INDIVIDUAL
REQUEST TO ENTER THIS PROGRAM?
MS. ROSENTHAL: THEY CAN, WHEN THEY ARE --
EXCUSE ME -- WHEN THEY ENTER THE PRISON OR JAIL THEY WILL BE SCREENED
AND THEN THEY WILL BE TOLD ABOUT THE PROGRAM AND IF THEY WANT TO OPT IN
THEY CAN.
MS. WALSH: SO ARE ALL INMATES, THEN, SCREENED FOR
SUBSTANCE ABUSE DISORDER WHEN THEY -- WHEN THEY ENTER THE JAIL OR
PRISON?
14
NYS ASSEMBLY MAY 26, 2021
MS. ROSENTHAL: WELL, I BELIEVE SO.
MS. WALSH: OKAY. AND SO AFTER THE SCREENING. SO
IT MENTIONS IN THE BILL THAT AFTER A SCREENING THEY'LL BE DETERMINED IF
THEY'RE -- IF THEY -- IF THEY'RE QUALIFIED. WHAT -- WHAT WOULD THAT MEAN,
THAT THEY WOULD BE DIAGNOSED WITH SUBSTANCE ABUSE DISORDER OR DOES IT
MEAN SOMETHING ELSE?
MS. ROSENTHAL: NO, THAT'S -- THAT'S WHAT IT WOULD
MEAN.
MS. WALSH: OKAY. ALL RIGHT. SO THERE'S AN ACTUAL
DIAGNOSIS OF SUBSTANCE ABUSE DISORDER, THEY GET ASKED --
MS. ROSENTHAL: YOU KNOW THEY GET EVALUATED BY
A MEDICAL -- THEY'D BE EVALUATED BY THE MEDICAL PROFESSIONAL.
MS. WALSH: OKAY. ALL RIGHT. OH, BECAUSE
DIAGNOSIS IMPLIES, YOU KNOW, MAYBE THAT A DOCTOR -- LIKE IT BE LIKE A
MORE FORMAL THING. SO IT'S MORE OF AN EVALUATION, THEN?
MS. ROSENTHAL: IT IS, BUT I MEAN, EVERYONE THERE
KNOWS WHAT THE SIGNS ARE AND -- AND WHAT THE HALLMARKS ARE OF A
SUBSTANCE USE DISORDER. I MEAN -- SO -- SO I THINK IT WOULD BE FAIRLY
CLEAR WHO -- WHO WOULD BE ELIGIBLE FOR THIS PROGRAM.
MS. WALSH: OKAY, VERY GOOD. AND SO AT THAT POINT
IF THE PERSON IS FOUND TO QUALIFY, IF THEY HAVE A SUBSTANCE ABUSE
DISORDER, THEY'RE INFORMED ABOUT THE PROGRAM, THEY'RE TOLD ABOUT THE
POSSIBILITY OF JOINING THE PROGRAM AND THEN THEY CAN OPT IN OR THEY
DON'T HAVE TO, RIGHT? THEY -- THEY DON'T HAVE TO OPT -- OPT INTO THE
PROGRAM IF THEY DON'T WANT TO.
15
NYS ASSEMBLY MAY 26, 2021
MS. ROSENTHAL: NO, IT'S -- IT'S NOT COERCIVE.
MS. WALSH: NO, NO. I'M NOT SUGGESTING IT'S
COERCIVE, BUT THEY -- IT'S -- IT'S THEIR SELECTION. THEY -- THEY CHOOSE
WHETHER OR NOT THEY WANT TO PARTICIPATE IS WHAT I'M GETTING AT. AND
THEN AT THAT POINT IF THEY DO CHOOSE TO PARTICIPATE, THEN AN
INDIVIDUALIZED PLAN IS CREATED FOR THEM, IS THAT CORRECT?
MS. ROSENTHAL: YES, BY EACH TREATMENT -- EACH
PERSON'S TREATMENT IS INDIVIDUALIZED AND DETERMINED BETWEEN THEM AND
-- AND THEIR DOCTOR.
MS. WALSH: AND -- AND THEIR -- NOT THEIR PERSONAL
PHYSICIAN, BUT THE DOCTOR THAT THEY HAVE WITHIN THE FACILITY.
MS. ROSENTHAL: YES. YES.
MS. WALSH: OKAY. AND THAT INDIVIDUALIZED PLAN
COULD -- COULD HAVE POTENTIALLY A NUMBER OF COMPONENTS LIKE ALCOHOL,
BENZO, HEROIN, OPIOID WITHDRAWAL MANAGEMENT. A GROUP -- AN
INDIVIDUALIZED COUNSELING AND CLINICAL SUPPORT, PEER SUPPORT, DISCHARGE
PLANNING, REENTRY AND TRANSITIONAL SUPPORTS, I WOULD IMAGINE, AS THEY
COME TO THE -- COME TO THE END OF THE PROGRAM. IS THERE A CERTAIN
LENGTH OF TIME THAT THIS PROGRAM IS SUPPOSED TO TAKE? DOES IT -- DOES IT
GO FOR THE WHOLE PERIOD OF THE INCARCERATION OF THE INDIVIDUAL OR IS
THERE, LIKE, A 12-WEEK PLAN OR, YOU KNOW, A THREE-MONTH PLAN?
MS. ROSENTHAL: NO. NO, THERE'S NO SPECIFIC TIME
LIMIT. IT DEPENDS ON HOW THE PERSON ADAPTS TO THE MEDICATION, AND
HOPEFULLY THEY -- THEY GET TO BE INVOLVED IN COUNSELING AND OTHER
THERAPIES LIKE THAT. BUT FOR SOME PEOPLE, BEING ON BUPRENORPHINE, FOR
16
NYS ASSEMBLY MAY 26, 2021
EXAMPLE, MIGHT BE A LIFETIME THING AND THAT WILL HELP KEEP THEM OFF
OPIOIDS AND OTHER SUBSTANCES.
MS. WALSH: VERY GOOD. SO I SEE IN THE BILL ALSO
THAT THERE'S A LIMITED EXEMPTION TO PROVIDING OPIOID FULL ANTAGONIST
TREATMENT MEDS IF THERE'S NO PROVIDER IN THE RIGHT -- WITH THE RIGHT
ACCREDITATION THAT'S LOCATED WITHIN A REASONABLE DISTANCE FROM THE
FACILITY. COULD YOU -- COULD YOU TALK ABOUT THAT? DOES THAT -- DOES THAT
HAVE TO BE MANAGED BY A -- A SPECIALLY ACCREDITED DOCTOR OR INDIVIDUAL?
MS. ROSENTHAL: YES. AND THIS -- THIS EXEMPTION
REFERS TO THE RURAL AREAS OF THE STATE OR OTHER AREAS WHERE THERE MAY NOT
BE A TREATMENT PROVIDER IN PROXIMITY -- CLOSE PROXIMITY TO THE FACILITY.
IT'S REALLY TERRIBLE THAT THERE WOULDN'T BE ONE, BUT WE WANTED TO MAKE
SURE NOT TO PLACE AN UNDUE BURDEN ON AREAS WHERE THERE, IN REALITY, WAS
NO SUCH HELP. BUT I THINK IT'S IMPORTANT, NOW THAT YOU RAISED IT, THAT --
THAT WE DO HAVE THAT AVAILABILITY BECAUSE, YOU KNOW, SUBSTANCE USE
DISORDER DOES NOT DISCRIMINATE BASED ON WHERE YOU LIVE.
MS. WALSH: NO, IT CERTAINLY DOES NOT. YOU'RE
ABSOLUTELY RIGHT. SO, IF -- IF AN INDIVIDUAL GOES INTO THIS PROGRAM, IS
THERE ANYTHING THAT COULD GET - FOR LACK OF A BETTER PHRASE - GET THE
PERSON KICKED OUT OF THE PROGRAM? FOR EXAMPLE, IF THEY -- IF THEY TEST
POSITIVE FOR A SUBSTANCE THAT THEY'RE NOT SUPPOSED TO HAVE IN THEIR
SYSTEM, IF THEY ENGAGE IN ANY KIND OF CONTRABAND OF THE MEDICATION THAT
THEY'VE BEEN GIVEN TO -- TO -- LIKE METHADONE OR SUBOXONE? BECAUSE
THAT'S A -- THAT'S A HEAVILY-FAVORED CONTRABAND ITEM IN -- IN JAILS AND IN
PRISON. OR IF THEY ENGAGE IN ANY OTHER KIND OF BAD OR VIOLENT BEHAVIOR,
17
NYS ASSEMBLY MAY 26, 2021
ANYTHING LIKE THAT, THAT COULD GET THEM KICKED OUT OF THIS PROGRAM?
MS. ROSENTHAL: I DON'T BELIEVE THE BILL SPEAKS TO
THAT, BUT THE GOAL IS IF YOU'RE ON METHADONE OR BUPRENORPHINE,
SUBOXONE, WHATEVER, YOU WILL NOT BE NEEDING ANY OF THOSE OTHER DRUGS
BECAUSE THAT'S WHAT THEIR USE IS INTENDED TO DO, LIMIT THE CRAVINGS AND
ALLOW YOU TO, YOU KNOW, RESUME KIND OF A NORMAL ROUTINE.
MS. WALSH: YEAH. WELL, ONE OF THE CONCERNS
THAT'S RAISED BY SOME OF THE PEOPLE AND GROUPS THAT ARE OPPOSED TO THE
BILL IS THEY'RE REALLY CONCERNED ABOUT INTRODUCING A SUBSTANCE LIKE
SUBOXONE INTO THE -- INTO THE PRISON OR INTO THE JAIL BECAUSE IT'S -- IT'S A
VERY COMMON ITEM THAT'S SMUGGLED IN. IT'S -- IT'S A -- A COMMON
CONTRABAND ITEM. SO, LIKE, IF THE INDIVIDUAL THAT'S IN THE PROGRAM,
INSTEAD OF TAKING THE SUBOXONE THEMSELVES, FOR EXAMPLE, OR
METHADONE, THEY DECIDE TO SELL IT WITHIN THE -- THE JAIL OR THE PRISON IN
ORDER TO, FOR WHATEVER REASON, THAT -- THAT'S SOMETHING THAT COULD
HAPPEN. THAT'S SOMETHING THAT LIKE THE NEW YORK STATE SHERIFFS
ASSOCIATION, FOR EXAMPLE, IS WORRIED ABOUT. BUT -- BUT THAT -- THAT KIND
OF BEHAVIOR, IF THAT WERE TO OCCUR, IS NOT -- IS NOT GOING TO GET THAT
PERSON KICKED OUT OF BEING A MEMBER OF THAT PROGRAM THEN?
MS. ROSENTHAL: WELL, THE THING IS IF A DRUG IS
DIVERTED IT'S BECAUSE WE ARE FAILING TO OFFER THE TREATMENT TO EVERYONE
WHO IS IN DESPERATE NEED OF THE TREATMENT. AND, YOU KNOW, FOR PEOPLE
WITH SUBSTANCE USE DISORDER THOSE ARE LIFESAVING MEDICATIONS. THEY --
YOU KNOW, THEY CAN'T OBTAIN THEM ELSEWHERE. PEOPLE WOULDN'T BE
ASKING FOR THEM TO GET "HIGH," IN QUOTES. THAT'S NOT WHAT METHADONE
18
NYS ASSEMBLY MAY 26, 2021
DOES FOR SOMEONE, FOR EXAMPLE. AND WITH A COMPREHENSIVE
MEDICATION-ASSISTED TREATMENT PROGRAM IN PRISONS AND JAILS, THERE
WOULD BE NO NEED FOR DIVERSION BECAUSE EVERYONE WHO NEEDED THAT
TREATMENT WOULD HAVE ACCESS TO IT.
MS. WALSH: WELL, VERY GOOD. THANK YOU SO MUCH
FOR YOUR ANSWERS TO MY QUESTIONS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO, I WANT TO JUST SAY AT THE OUTSET THAT
I COMPLETELY UNDERSTAND THE NEED AND THE DESIRE AS A MATTER OF POLICY
TO WANT TO TREAT PEOPLE WHO ARE INCARCERATED FOR ANY SUBSTANCE ABUSE
DISORDER THAT THEY MAY HAVE. IT IS KIND OF A WINDOW -- IN STRANGE, KIND
OF IRONIC WAY IT'S A WINDOW OF OPPORTUNITY TO TRY TO WORK WITH THE
INDIVIDUAL TO GET THEM IN A BETTER PLACE SO THAT WHEN THEY DO ULTIMATELY
LEAVE JAIL OR PRISON THEY DON'T -- YOU KNOW, THERE'S SUCH A LINK BETWEEN
SUBSTANCE ABUSE DISORDER AND CRIMINALITY AND RECIDIVISM. YOU KNOW,
WE WANT TO TRY TO GET TO THE HEART OF IT AND TRY TO HELP THE INDIVIDUAL AND
I CAN -- I REALLY APPRECIATE THAT. YOU KNOW, THE -- THE ISSUES THAT I
GUESS I'VE GOT AND OTHER PEOPLE DO HAVE WITH THE BILL IS THAT -- AND I
MEAN, KUDOS TO THE SPONSOR. IT'S AN EXTREMELY COMPREHENSIVE BILL. IT'S
A -- THIS -- IT'S -- THE ACRONYM IS MAT, THIS MEDICATION-ASSISTED
TREATMENT. AND THE ONE THAT'S PROPOSED BY THE SPONSOR IS A REALLY
COMPLETE SUITE OF INTERVENTIONS. IT'S THE MEDICATION INTERVENTION, IT'S
PEER COUNSELING, IT'S INDIVIDUALIZED COUNSELING. IT'S ALL THE THINGS THAT
19
NYS ASSEMBLY MAY 26, 2021
WE JUST REVIEWED WHEN I WAS ASKING THE SPONSOR ABOUT THE BILL. AND
THE THING ABOUT THAT IS, IT'S GOT A VERY LARGE PRICE TAG ASSOCIATED WITH IT.
IF YOU LOOK AT THE DIFFERENT COUNTIES THROUGHOUT OUR STATE, IT'S A LITTLE HIT
OR MISS ABOUT WHAT COUNTIES OFFER MAT PROGRAMS. AND IT WOULD SEEM
TO ME THAT THERE'S PROBABLY GOOD, YOU KNOW, BETTER AND BEST PRACTICES
AS FAR AS A MAT PROGRAM THAT'S PUT TOGETHER. THE NEED MAY -- YOU
KNOW, UNDERSTANDING WHAT THE SPONSOR SAID ABOUT IT IS ABSOLUTELY TRUE
THAT WE HAVE ISSUES WITH SUBSTANCE ABUSE DISORDER ACROSS THE STATE;
CITIES, SUBURBAN, RURAL, IT DOESN'T MATTER. BUT COUNTY TO COUNTY, THESE
DULY-ELECTED SHERIFFS ARE MAKING DECISIONS AND I THINK THAT THEY SHOULD
BE ACCORDED SOME DEFERENCE ABOUT THE DECISIONS THAT THEY MAKE
CONCERNING THEIR POLICIES, THEIR PROCEDURES AND THEIR PRACTICES AND THEIR
BUDGETS. SO I THINK THAT FOR US AS A -- AS A STATE TO PASS A PIECE OF
LEGISLATION THAT IS GOING TO BE IMPOSING AN EXTREMELY EXPENSIVE
MANDATE ON OUR LOCALITIES, I THINK THAT -- AND -- AND ALSO REALLY DOES NOT
GIVE, I THINK, THE DEFERENCE THAT OUR COUNTY SHERIFFS DESERVE AS
DULY-ELECTED INDIVIDUALS TO REALLY CREATE THEIR OWN PROGRAMS. YOU
KNOW, I WOULD NOTE ON THE PLUS SIDE THAT RIGHT HERE IN ALBANY COUNTY,
THE SHERIFF HAS HAD A VERY SUCCESSFUL PROGRAM, THE SHARP PROGRAM --
THAT'S ANOTHER ACRONYM, I COULDN'T TELL YOU WHAT IT STANDS FOR IT. IT
BEGAN IN 2015 AND IT'S BEEN EXPANDED OVER THE YEARS. SO THEY STARTED
WITH A CERTAIN LEVEL OF TREATMENT, KIND OF SAW WHAT WORKED, AND THEY'VE
ADDED TO IT OVER THE YEARS AS THEY HAVE HAD THE BUDGET TO DO SO, AS THEY
HAVE EXPERIENCED THE SUCCESS OF THE PROGRAM AND MADE DECISIONS
ABOUT HOW TO MAKE IT BETTER FOR THE PEOPLE THAT THEY HAVE IN THE COUNTY
20
NYS ASSEMBLY MAY 26, 2021
JAIL. AND THE RECIDIVISM RATE IS ALREADY REALLY ADMIRABLY LOW. IT'S -- IT'S
REALLY BEEN A VERY GOOD PROGRAM. BUT I WOULD NOTE IN FOLLOWING UP ON
MY -- ON MY QUESTIONING OF THE SPONSOR, THEY HAVE A SPECIAL HOUSING
UNIT THAT THE INDIVIDUALS WHO ARE GOING THROUGH THEIR MAT PROGRAM
WHERE THEY WOULD -- WHERE THEY ARE -- WHERE THEY ARE, AND -- BUT THEY
CAN BE KICKED OUT OF THAT SPECIALIZED HOUSING UNIT FOR BAD -- OR THE
PHRASE WAS USED "PROBLEMATIC BEHAVIOR." I WOULD ASSUME THAT THAT
TELLS US WHAT WE NEED TO KNOW. BUT I DON'T THINK THAT THE BILL THAT'S
PROPOSED BY THE SPONSOR HAS ANY KIND OF OUT. SO, YOU KNOW, I THINK
THAT, AGAIN, THAT TIES IN WITH THE DEFERENCE THAT I THINK REALLY IS OWED TO
THE INDIVIDUALIZED SHERIFF'S DEPARTMENTS FOR COMING UP WITH THIS PLAN.
AND I ONLY HAVE A LITTLE BIT OF TIME LEFT, SO I JUST WANT
TO TALK A LITTLE BIT ABOUT COST, WHICH I STARTED TO TALK ABOUT WITH THE
SPONSOR A LITTLE BIT. SO IN THE PAST SEVERAL BUDGET CYCLES THAT WE'VE HAD
HERE, THE STATE HAS COMMITTED TO PROVIDE $3.75 MILLION IN STATE AID
FUNDING TO DEVELOP AND SUSTAIN JAIL-BASED SUBSTANCE ABUSE TREATMENT
PROGRAMS AND TRANSITION SERVICES IN 50 COUNTY JAILS. THAT'S GREAT. THIS
YEAR, IN THE 2021-22 ENACTED EXECUTIVE BUDGET INCLUDED $8.75 MILLION
FOR JAIL-BASED SUD TREATMENT, SUBSTANCE ABUSE TREATMENT AND TRANSITION
SERVICES IN THE CORRECTIONAL FACILITIES. AND THOSE APPROPRIATIONS HAVE
BEEN GREAT. I THINK THAT THEY REFLECT THE FEELING WITHIN THIS BODY THAT
THIS IS A PRIORITY AND WE DEFINITELY NEED TO ADDRESS IT. BUT ACCORDING TO
THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS, IN
NEW YORK STATE, TO -- TO IMPLEMENT THE -- WHAT THE SPONSOR'S GOT IN
THIS LEGISLATION, IT COULD TRANSLATE TO A STATE INVESTMENT IN UPWARDS OF
21
NYS ASSEMBLY MAY 26, 2021
$30 MILLION ANNUALLY IF APPLIED TO ALL COUNTIES OUTSIDE OF NEW YORK
CITY. AND THAT'S AN EXPENSIVE PROGRAM. AND IT'S -- IT'S A LOT TO -- IF THE
STATE WANTS TO FUND IT FOR THE STATE PRISON SYSTEM, OKAY, AND WE'LL DO
THAT IN OUR BUDGET. BUT TO CREATE A PROGRAM LIKE THIS AND MAKE IT
MANDATORY ON ALL COUNTY JAILS TO IMPLEMENT -- AND TO IMPLEMENT, REALLY,
A GOLD STANDARD PROGRAM THAT'S GOING TO COST A LOT OF MONEY. AND I JUST
THINK THAT RATHER THAN DO THIS -- DO IT THIS WAY, I THINK THAT WE SHOULD BE
ALLOWING THE DULY-ELECTED SHERIFFS IN THE INDIVIDUAL COUNTIES
THROUGHOUT THE STATE TO MAKE UP THEIR OWN MINDS AND DEVELOP THEIR
OWN POLICIES AS THEIR BUDGETS AND AS THEIR NEEDS ALLOW.
SO FOR THAT REASON, I -- ALTHOUGH I UNDERSTAND THE
REASON FOR THIS BILL AND I DO HAVE A -- A STRONG BELIEF THAT WE NEED TO DO
SUBSTANCE ABUSE TREATMENT IN OUR PRISONS AND COUNTY JAILS, I THINK THAT
THIS BILL, TO ME, GOES A LITTLE TOO FAR. AND WOULD I REALLY THINK -- I
WOULD BE ABLE TO SUPPORT IT MUCH MORE IF THERE WAS A DEFINED FUNDING
STREAM THAT WAS ADEQUATE TO REALLY SUPPORT THE PROGRAM. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. I
APOLOGIZE FOR THAT. WOULD THE SPONSOR YIELD FOR JUST A COUPLE OF
QUESTIONS?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES, MR. SPEAKER.
MR. MANKTELOW: THANK YOU, MS. GUNTHER [SIC].
22
NYS ASSEMBLY MAY 26, 2021
JUST A COUPLE OF QUESTIONS. AS I WAS LOOKING AT THE BILL -- AND LAST
WEEK I HAD THE -- THE OPPORTUNITY TO TOUR ONE OF OUR LOCAL PRISONS BACK
HOME AND IT'S A MAXIMUM SECURITY PRISON, ARE WE DOING ANYTHING
THROUGH THE LEGISLATURE TO ADDRESS THE -- THE UP -- THE UPFRONT PART OF
THE DRUGS COMING INTO PRISONS AT THIS TIME?
MS. ROSENTHAL: WELL, THAT'S NOT -- THAT'S NOT
WHAT THIS BILL IS ABOUT.
MR. MANKTELOW: NO, BUT AS I READ THE BILL THIS
IS ABOUT MAKING SURE WHEN THESE INDIVIDUALS, WHEN THE INMATES GET
RELEASED THAT THEY ARE -- HAD BEEN TREATED WITHIN PRISON, CORRECT?
MS. ROSENTHAL: WELL, IT -- THIS BILL DEALS WITH
WHEN PEOPLE ARE INCARCERATED AND ALSO PLANNING FOR WHEN THEY LEAVE.
MR. MANKTELOW: I'M SORRY, I DIDN'T HEAR THE LAST
THING YOU SAID.
MS. ROSENTHAL: THIS BILL DEALS WITH TREATING
PEOPLE WHO ARE INCARCERATED AND HAVE A SUBSTANCE USE DISORDER, AS WELL
AS PLANNING FOR WHEN THEY EXIT THE FACILITY.
MR. MANKTELOW: SO WHO -- WHO IDENTIFIES THEIR
SUBSTANCE ABUSE DISORDER?
MS. ROSENTHAL: WELL, AS I SAID WITH MS. WALSH,
THEY ARE SCREENED WHEN THEY ENTER.
MR. MANKTELOW: AND WHO DOES THE SCREENING
AT THE PRISONS?
MS. ROSENTHAL: THEY HAVE MEDICAL
PROFESSIONALS THERE.
23
NYS ASSEMBLY MAY 26, 2021
MR. MANKTELOW: WELL, THIS PARTICULAR FACILITY
THAT I WENT THROUGH, BECAUSE OF THE LACK OF -- THE LACK OF THE ABILITY TO
FILL THE POSITIONS, WE'RE -- WE'RE PUTTING ANOTHER -- I DON'T WANT TO USE
THE WORD "UNFUNDED MANDATE", BUT ANOTHER MANDATE ON OUR LOCAL
COUNTY JAILS AND OUR -- AND OUR PRISONS. AND -- AND I JUST THINK THAT I
BELIEVE OUR -- I KNOW THAT OUR DOCS OFFICERS ARE DOING EVERYTHING
THEY POSSIBLY CAN TO STOP SUBSTANCES FROM COMING INTO THE PRISONS.
BUT UNTIL THEY HAVE THE ABILITY TO DO EVERYTHING THEY CAN, HOW ARE WE
GOING TO STOP THIS? IT JUST SEEMS LIKE WE'RE -- WE'RE JUST A LITTLE BIT
PREMATURE WITH THIS. IF WE COULD STOP EVERYTHING COMING INTO THE
PRISONS AND INTO THE JAILS AND THEN I THINK A -- A MAT PROGRAM WOULD
BE VERY HELPFUL. I MEAN, THIS IS UP TO THE INDIVIDUAL. BUT I -- I JUST
HAVE CONCERN THAT IF WE'RE NOT GOING TO ADDRESS THE FRONT SIDE, HOW ON
EARTH ARE WE GOING TO BE ABLE TO STOP IT ON THE BACK SIDE?
MS. ROSENTHAL: WELL, IN THE MEANTIME ABOUT AS
MANY AS 80 PERCENT OF INCARCERATED PEOPLE IN THE STATE SUFFER FROM A
SUBSTANCE USE DISORDER, AND THIS IS AN ILLNESS. WE NEED TO TREAT THEM.
IF THE STATE DOES NOT TREAT THEM NOW, EITHER WHEN THEY'RE RELEASED THEY
WILL COST THE STATE MORE TO TREAT THEIR ILLNESS OR THEY MIGHT DIE. THIS IS
AN ILLNESS. IT IS A DISEASE. IT NEEDS TO BE HANDLED THE WAY ANY ILLNESS OR
DISEASE WOULD BE HANDLED. AND THE FACT IS THAT THIS BILL AND THE NOTION
OF MEDICATION-ASSISTED TREATMENT IS THE GOLD STANDARD FOR TREATING
PEOPLE WITH SUBSTANCE ABUSE DISORDER AROUND THE COUNTRY. IT IS
ENDORSED BY EVERY MEDICAL ESTABLISHMENT AND TASK FORCES. THIS IS THE
RIGHT WAY TO APPROACH SUBSTANCE USE DISORDER. SO WHILE LIMITING THE
24
NYS ASSEMBLY MAY 26, 2021
FLOW -- CERTAINLY HAVING FEWER PEOPLE WITH THIS DISORDER IS A GOAL, THAT
DOESN'T MEAN WE CAN IGNORE THE FACT THAT THERE ARE MANY PEOPLE
SUFFERING WITH THIS DISORDER IN PRISONS AND JAILS RIGHT NOW.
MR. MANKTELOW: AND AS I THINK MY COLLEAGUE
HAD ALREADY MENTIONED, DO YOU SEE ANY FUNDING COMING FORWARD TO --
TO THE STATE CORRECTIONAL FACILITIES OR OUR LOCAL COUNTIES TO HELP FUND
THIS?
MS. ROSENTHAL: WELL, YOU KNOW, I -- I WOULD
LOVE FOR THERE TO BE A DEDICATED FUND. AS THE PREVIOUS CHAIR OF THE
COMMITTEE ON ALCOHOLISM AND DRUG ABUSE, I HAVE BEEN ADVOCATING
FOR THAT. ALL OF THE ADVOCATES AND THE PEOPLE INVOLVED IN THIS FIELD
BELIEVE THAT THE BEST WAY TO APPROACH THE PROBLEM IS TO PROVIDE
SUBSTANCE USE DISORDER TREATMENT IN PRISONS. AND IF WE -- YOU KNOW,
THERE ARE MANY WAYS WE COULD FUND IT IN THE BUDGET, AND I'D LOVE TO
DISCUSS THAT WITH YOU FOR NEXT YEAR. BUT PART OF IT COULD BE THE OPIOID
SETTLEMENT FUNDING COULD GO DIRECTLY TO PROGRAMS LIKE THIS INSTEAD OF
THE GENERAL FUND.
MR. MANKTELOW: AND -- AND I THINK THAT'S ONE
OF THE ISSUES THAT WE SEEM TO HAVE AT THE STATE LEVEL IS WE COME UP
WITH ALL OF THESE IDEAS AND WE NEVER PUT FUNDING INTO IT UNTIL
AFTERWARDS. OR SOMETIMES WE DON'T GET ANY OF THE FUNDING. AND IT'S
LIKE BUYING A CAR AT HOME. ARE YOU GOING TO BUY A CAR AT HOME BEFORE
YOU HAVE THE -- THE CASH TO PAY THE PAYMENTS EVERY MONTH? I DON'T
BELIEVE SO. AND WE'RE ASKING OUR -- OUR PRISONS AND OUR LOCAL
MUNICIPALITIES THAT HAVE JAILS TO -- TO FUND THIS, AGAIN, ANOTHER
25
NYS ASSEMBLY MAY 26, 2021
UNFUNDED MANDATE. I JUST HATE THAT WORD.
MS. ROSENTHAL: THAT'S NOT -- THAT'S NOT TRUE. AS
A MATTER OF FACT, AS -- AS WAS MENTIONED EARLIER THERE'S $11 MILLION FOR
PRISONS THROUGHOUT THE STATE, AND THERE'S $8.75- FOR COUNTIES. AND
LOCAL JAILS THAT DO NOT HAVE THE RESOURCES AVAILABLE TO MEET THE
STANDARDS OUTLINED IN -- IN THE BILL CAN APPLY TO THE COMMISSIONER FOR A
LIMITED EXEMPTION. SO WE'RE NOT FORCING ANYONE. AND I'VE HAD MANY
CONVERSATIONS WITH COUNTY PEOPLE WHO AGREE THAT THIS IS THE BEST
PROGRAM. SO WE NEED TO MUSTER THE ABILITY TO PROVIDE FUNDING AS THE
OPIOID OVERDOSE LEVEL INCREASES AND HAS INCREASED OVER THE PAST
YEAR-AND-A-HALF ACROSS THE NATION. WE REALLY HAVE AN OBLIGATION TO STEP
UP AND PROVIDE THE RESOURCES THAT EVERYONE NEEDS.
MR. MANKTELOW: OKAY. SO -- SO LIKE I SAID
EARLIER, ASSEMBLYWOMAN, I DON'T -- I DON'T DISAGREE WITH THE PROGRAM,
BUT I STILL THINK IF WE DON'T ADDRESS IT ON THE FRONT END, HAVING THIS
PROGRAM ISN'T GOING TO FIX EVERY PROBLEM. AND -- AND I WOULD LOVE TO
INVITE YOU TO COME TO MY DISTRICT AND -- AND TO GO THROUGH THE PRISON
THAT I WENT THROUGH LAST WEEK AND -- AND TALK WITH THE DOCS OFFICERS
TO SEE WHAT THEY'RE UP AGAINST AND SEE WHAT'S REALLY GOING ON INSIDE
THOSE WALLS. BECAUSE WHAT'S HAPPENING INSIDE THOSE WALLS IS NOT WHAT
WE THINK IS HAPPENING HERE ON THIS FLOOR. WE NEED TO BE --
MS. ROSENTHAL: YOU KNOW, I -- ALL RIGHT, GO
AHEAD. NO, NO, SORRY, GO AHEAD. I -- YOU WEREN'T FINISHED.
MR. MANKTELOW: WELL, WE JUST REALLY NEED TO
HELP THESE INDIVIDUALS, INCLUDING OUR LOCAL MUNICIPALITIES, IN MAKING
26
NYS ASSEMBLY MAY 26, 2021
THIS HAPPEN. IT IS A GOOD PROGRAM. BUT IF WE DON'T GIVE THEM ALL THE
TOOLS UP FRONT -- IF WE GIVE THEM THE TOOLS UP FRONT, ASSEMBLYWOMAN,
AND THEY'RE ABLE TO DO A MUCH MORE THOROUGH JOB OF GETTING RID OF THE
SUBSTANCE -- SUBSTANCES COMING INTO THE PRISONS OR THE JAILS, THEN WE
DON'T HAVE TO SPEND SO MUCH MONEY ON THE BACK END. THAT'S GOOD
BUSINESS. THAT'S GOOD FOR THE TAXPAYERS OF NEW YORK. AND NOT ONLY
THAT, IT'S GOOD FOR THE PEOPLE THAT WORK IN THE JAILS, BUT EVEN MORE SO
IT'S GOOD FOR THE INMATES THAT WE ARE IN CHARGE OF TAKING CARE OF.
SO, ASSEMBLYWOMAN, THANK YOU FOR YOUR TIME AND --
AND YOUR ANSWERS TO QUESTIONS. I APPRECIATE IT.
MS. ROSENTHAL: I DID WANT TO RESPOND TO ONE OF
THE COMMENTS YOU MADE. IN THE HEARING I -- I DID ASK THE ACTING
COMMISSIONER OF DOCS HOW MANY OF THE 52, I BELIEVE IT IS, STATEWIDE
PRISONS HAVE SUCH A PROGRAM AND HE SAID SEVEN OR EIGHT. AND THAT IS
PITIFUL BECAUSE WE HAVE TO TREAT THE SITUATION AND THE REALITY THAT WE SEE
TODAY. SO WHILE YOU MAY SAY THAT ONE OPTION IS TO STOP THE DRUGS FROM
COMING IN, SOME OF THE -- AND MAYBE MANY OF THE PEOPLE IN PRISONS
AND JAILS ARE AFFLICTED WITH A SUBSTANCE USE DISORDER. THEY COME IN THAT
WAY. AND IT IS NOT ONLY COMPASSIONATE TO TREAT THEM, IT IS WHAT ONE
WOULD EXPECT TO DO FOR ANY ILLNESS THAT SOMEONE SUFFERS. SO THIS
SHOULD BE CLASSIFIED AS A DIFFERENT KIND OF ILLNESS. THIS IS AN ILLNESS.
MR. MANKTELOW: ABSOLUTELY. I -- I AGREE 100
PERCENT WITH YOU. BUT I -- I STILL AGREE THAT IF WE'RE GOING TO TREAT IT,
LET'S TREAT IT ON BOTH ENDS. JUST LIKE WITH THE COVID PANDEMIC. WE'RE
TREATING IT WITH THE VACCINE, BUT WE'RE ALSO TREATING IT WITH SOCIAL
27
NYS ASSEMBLY MAY 26, 2021
DISTANCING, MASKS. YOU KNOW, LESS PEOPLE IN GATHERINGS. WE'RE DOING
IT ON BOTH ENDS, AND THIS HAS ACCOMPLISHED WHAT WE WANTED TO DO HERE
IN NEW YORK AND IN THE UNITED STATES. AND I JUST WANT TO TAKE THAT
APPROACH BACK TO OUR PRISONS AND OUR LOCAL JAILS AND -- AND OUR COUNTY
JAILS. WE NEED TO GIVE THEM THAT OPTION. AND IF WE'RE GOING TO MAKE
THEM DO THIS OR WE'RE GOING TO OFFER IT, WHAT IS PATHETIC IS WE, AS
LEGISLATORS, CONTINUE TO LEGISLATE WITHOUT NO FUNDING TO THE BACK SIDE OF
IT. JUST LIKE YESTERDAY WHEN WE DEBATED ONE OF THE HEALTH BILLS HERE.
YOU KNOW, WE'RE -- WE'RE DOING THE WORK WHERE OUR -- OUR DEPARTMENT
OF HEALTH SHOULD BE DOING IT. IT JUST DOESN'T MAKE SENSE. THIS IS NOT
GOOD BUSINESS. THIS IS NOT GOOD FOR THE PEOPLE OF NEW YORK STATE THAT
-- THAT PAY FOR ALL THIS. AND THAT'S WHY WE'RE HERE IS TO HELP THEM, ALSO.
AND THIS IS A GOOD IDEA TO -- TO STOP IT ON THE FRONT SIDE. I'VE SEEN IT
PERSONALLY. I SEE WHAT HAPPENS. AND LIKE I SAID, PLEASE, LET'S WORK
TOGETHER AND TAKE THE TIME TO -- TO LOOK AT WHAT'S GOING ON OUT THERE AND
-- AND LOOK AT SOME OF THE PRISONS. TAKE THE TIME TO VISIT THEM AND SEE
WHAT THE ISSUES ARE BECAUSE IT WOULD MAKE US BETTER LEGISLATORS IF WE
KNOW ALL THE FACTS AND THAT'S WHY I'M TRYING TO -- TO MAKE THESE POINTS
TO YOU, MS. ROSENTHAL.
SO I THANK YOU FOR YOUR TIME AND I APPLAUD YOU FOR
MOVING THIS FORWARD. I CAN'T SUPPORT IT WITHOUT THE FUNDING BECAUSE I
HAVE CONCERNS THAT WITHOUT THE FUNDING, WHAT ARE WE DOING? PASSING
ANOTHER LAW OR ANOTHER BILL TO A LAW, AND AGAIN, WE'RE NOT GOING TO BE
ABLE TO ADDRESS IT. AND MY OTHER CONCERN IS MEETING WITH OUR LOCAL
MUNICIPALITIES AND OUR PRISONS, IT'S HARD TO GET PEOPLE TO DO THESE JOBS.
28
NYS ASSEMBLY MAY 26, 2021
IT'S A TOUGH LIFE. IT'S A TOUGH PLACE TO -- TO WORK. AND GOD BLESS ALL
THOSE STAFF MEMBERS AND DOCS OFFICERS AND EMPLOYEES THAT WORK
THERE BECAUSE THEY DO A GREAT JOB, THEY CARE ABOUT THE INMATES. THEY
REALLY DO. AND I JUST WANT TO MAKE SURE -- I JUST WANT TO MAKE SURE WE
DON'T TIE THEIR HANDS BEHIND THEIR BACKS WITHOUT HAVING SOME FUNDING.
AND AGAIN, LIKE MANY OTHER THINGS, I WOULD LOVE TO TRY A PILOT PROGRAM
BEFORE WE MAKE THIS STATEWIDE TO MAKE SURE IT'S ACTUALLY GOING TO
WORK.
MS. ROSENTHAL: BUT -- BUT THERE ARE PROGRAMS
THAT CURRENTLY OPERATE THAT ARE VERY SUCCESSFUL. YOU DON'T HAVE TO GO
ANY FURTHER THAN ALBANY COUNTY WHERE THERE'S A HUGE RATE OF SUCCESS IN
USING MEDICATION-ASSISTED TREATMENT. THE RECIDIVISM RATE IS VERY, VERY
LOW, IN SINGLE DIGITS. THERE'S NO NEED FOR A PILOT. WE KNOW THAT THIS
WORKS. AND I'D ALSO LIKE TO SAY THAT THIS BILL, A, HAS -- ADDRESSES THE
FUNDING THAT WE PUT IN THE BUDGET. ELEVEN MILLION FOR PRISONS, $8.75-
FOR COUNTIES, AND IT PROVIDES EXEMPTIONS FOR PLACES THAT DO NOT HAVE THE
FUNDING RIGHT NOW. SO I THINK IT DOES COVER YOUR CONCERNS. BUT I
THINK, AS YOU YOURSELF HAVE SAID, WE SHOULD BE TREATING INDIVIDUALS.
AND -- AND HOPEFULLY THIS IS A SPRINGBOARD FOR NEXT YEAR THAT WE
PROVIDE THE PROPER AMOUNT OF FUNDING TO HANDLE THIS ISSUE.
MR. MANKTELOW: OKAY. I APPRECIATE YOUR TIME
AND YOUR ANSWERS.
AND, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
MANKTELOW.
29
NYS ASSEMBLY MAY 26, 2021
MR. MANKTELOW: THANK YOU, SIR. AGAIN, YOU
KNOW, AS -- AS WE TALK ON THIS FLOOR ABOUT MANY OF THE BILLS WE BRING
FORWARD AND THE FUNDING AND WHAT WORKS AND WHAT DOESN'T WORK BACK
HOME, WE NEED TO CONSIDER MOVING FORWARD IN A DIRECTION OF NEW
YORK STATE WHERE WE'RE LOOKING AT DIFFERENT AREAS OF THE STATE AND WHAT
WORKS AND DOESN'T WORK BEFORE WE GO PASSING MORE PIECES OF
LEGISLATION THAT'S GOING TO CAUSE FINANCIAL RUINS. AND I'M JUST NOT SURE
WE'RE REALLY HELPING THE INMATES AS MUCH AS THIS BILL THINKS IT WILL.
SO I APPRECIATE YOUR TIME AND ALLOWING ME TO SPEAK
ON THE BILL, AND I WILL PROBABLY BE VOTING IN THE NEGATIVE. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MS. ROSENTHAL ON THE
BILL.
MS. ROSENTHAL: OH, I'M SORRY. THAT WAS -- I
WAS -- THAT WAS EARLIER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 1795. 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
30
NYS ASSEMBLY MAY 26, 2021
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. BUT THOSE WHO
SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE SO WE CAN PROPERLY
RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE GENERALLY IN SUPPORT OF THIS
PIECE OF LEGISLATION. COLLEAGUES DECIDING TO BE AN EXCEPTION SHOULD
EITHER PRESS THEIR BUTTON IN CHAMBERS OR CALL THE MAJORITY LEADER'S
OFFICE AND YOUR VOTE WILL BE SO RECORDED.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS IS A HUGE
UNFUNDED MANDATE THAT APPLIES TO ALL OF OUR SHERIFF'S DEPARTMENTS ALL
ACROSS UPSTATE WITH AN ESTIMATED COST IN EXCESS OF $70 MILLION. NOW,
THERE'S NO REASON WE HAVE TO HAVE THIS LEGISLATION BECAUSE EVERY SHERIFF
DEPARTMENT HAS THE LEGAL RIGHT TO ENGAGE IN MEDICALLY-ASSISTED
TREATMENT. BUT THIS TAKES IT FROM AN OPTIONAL PROGRAM DESIGNED BY
EACH SHERIFF TO REFLECT THE UNIQUE ISSUES IN THEIR JAIL AND MAKES IT
STATEWIDE. ONE SIZE FITS ALL. MOST OF OUR JAILS COMPLAIN A LOT ABOUT
CONTRABAND, ILLEGAL DRUGS. YET HERE WE ARE MANDATING THAT MORE DRUGS
BE PUT INTO THE PRISON SYSTEM. AND THIS CONTRABAND, INCLUDING THESE
VERY CHEMICALS, ARE OFTEN USED IN PRISONS AS A FORM OF CURRENCY. I AM
OPPOSED TO MANDATING THAT OUR LOCAL SHERIFFS SPEND OVER $70 MILLION TO
31
NYS ASSEMBLY MAY 26, 2021
ENSURE THAT EVERY SINGLE INMATE THAT WANTS IT CAN HAVE DRUG-ASSISTED
TREATMENT RATHER THAN AN INDIVIDUALIZED CUSTOM APPROACH THAT REFLECTS
THE INDIVIDUALS NEEDS OF THE INMATES AND THE FACILITY.
AND FOR THAT REASON I'LL BE VOTING AGAINST IT AND
RECOMMEND THE SAME TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: SIR.
MR. LEMONDES: THANK YOU. I APPRECIATE IT. WITH
RESPECT TO ASSEMBLY BILL 533, THERE'S ONE PIECE OF THIS THAT -- THAT IS
PREDOMINANTLY MAKING ME VOTE AGAINST IT, AND THAT'S -- AND I WOULD I
AGREE, PARTICIPATION IN A MEDICATION-ASSISTED TREATMENT PROGRAM SHALL
NOT BE UNREASONABLY WITHHELD FROM A QUALIFIED INCARCERATED INDIVIDUAL.
BECAUSE THE TERM "UNREASONABLY WITHHELD" IS NOT ENUMERATED AND
DEFINED EXPLICITLY SO WE UNDERSTAND EXACTLY WHAT IT WOULD ENTAIL, I
CANNOT VOTE FOR THE BILL. IN ADDITION TO THE COMMENTS BY MY COLLEAGUES
OF THE -- WITH RESPECT TO THE CREATION OF AN UNFUNDED MANDATE.
FOR THOSE REASONS I VOTE AGAINST IT. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MR. LEMONDES IN THE
NEGATIVE.
MR. ANGELINO.
MR. ANGELINO: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE.
32
NYS ASSEMBLY MAY 26, 2021
ACTING SPEAKER AUBRY: SIR.
MR. ANGELINO: JAILS ARE NOT HOSPITALS.
PARTICULARLY THOSE AT THE LOCAL LEVEL COUNTY RURAL FACILITIES. THE
DECISION TO USE OR NOT TO USE ANY MEDICATION SUBSTANCE SHOULD BE LEFT
UP TO THE SHERIFF OF EACH COUNTY JAIL IN CONSULTATION WITH HIS MEDICAL
STAFF AND HIS CORRECTION OFFICERS. THE -- THE USE OF BRINGING -- THE USE
OF ANY MORE DRUGS COMING INTO A JAIL, OFTENTIMES THEY'RE SECRETIVE AND
CAUSE ALL KINDS OF ISSUES WITH MORE CONTRABAND INSIDE THE FACILITY OR IT'S
TURNED INTO BARTER WHICH SOMETIMES LEADS TO VIOLENCE. IT'S BAD ENOUGH
IN THE JAIL ALREADY. COUNTIES ALREADY HAVE THE RESPONSIBILITY TO TAKE
CARE MEDICALLY OF ALL OF THEIR INMATES, AND THEY DO SO AT GREAT EXPENSE.
THIS IS YET ANOTHER UNFUNDED MANDATE, AND PARTICULARLY, THE EXORBITANT
COSTS RELATED TO MAKING IT MANDATORY IS GOING TO FALL ON THE LOCAL
TAXPAYERS. WITH A $212 BILLION BUDGET WE RECENTLY PASSED, I'M
SHOCKED THAT THERE ISN'T SOME AMOUNT OF FORETHOUGHT TO PUT SOME
MONEY TOWARDS THIS.
FOR THOSE REASONS I'LL BE VOTING NO.
ACTING SPEAKER AUBRY: MR. ANGELINO IN THE
NEGATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: THANK YOU, MR. SPEAKER. I AM
VERY GRATIFIED THAT WE ARE BRINGING THIS BILL TO A VOTE TODAY. IT HAS
ALREADY PASSED IN THE STATE SENATE. I THANK THE SPEAKER FOR HIS
CONFIDENCE IN -- IN THIS BODY AND IN ME FOR BRINGING IT FORWARD.
WE KNOW THAT THERE'S BEEN A DRAMATIC INCREASE IN
33
NYS ASSEMBLY MAY 26, 2021
OVERDOSE ACROSS THE STATE AND INCLUDING ACROSS THE COUNTRY. TREATMENT
WITH MEDICATION IS HEALTHCARE. DRUGS THAT HELP PEOPLE WITH THIS
SUBSTANCE USE DISORDER ARE NOT CONTRABAND, THEY ARE MEDICATIONS TO
HELP PEOPLE DEAL WITH AN ILLNESS. IF WE WERE TALKING ABOUT DIABETES WE
WOULD NOT SAY THAT INSULIN SMUGGLED IN IS CONTRABAND. THIS IS -- THIS IS
PART OF THE STIGMA OF AN ILLNESS THAT PEOPLE HAVE. PEOPLE OF ALL COLORS,
PEOPLE OF ALL RACES. THIS AFFECTS EVERYONE, NO MATTER WHERE THEY LIVE.
INCARCERATED, OUT IN SOCIETY. SUBSTANCE USE DISORDER TAKES THOUSANDS OF
LIVES. WE NEED TO MEET THE PROBLEM WHERE IT IS. I'D ALSO LIKE TO ADD,
SHERIFFS ARE NOT MEDICAL PROFESSIONALS AND THIS IS A MEDICATION
PROGRAM. I'D LIKE TO THANK VOCAL, LEGAL ACTION CENTER AND ALL THE
MANY ADVOCATES WHO'VE WORKED ON THIS ISSUE FOR YEARS AND WILL BE
VERY HAPPY TO SEE THAT THE STATE WILL FINALLY DEAL WITH MEDICATION-
ASSISTED TREATMENT IN PRISONS AND JAILS PROPERLY, ACCORDING TO THE
PROGRAM OUTLINED IN THIS BILL AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I THINK SOMETIMES
WHEN DECISIONS GET KIND OF DIFFICULT FOR US TO THINK THROUGH AND/OR TO
MAKE BECAUSE AS ONE OF MY COLLEAGUES JUST STATED, PRISONS ARE NOT --
JAILS ARE NOT HOSPITALS. BUT THEY ARE PLACES WHERE PEOPLE SHOULD GET
HUMANE AND PROPER TREATMENT. AND, YOU KNOW, A COUPLE YEARS AGO
RIGHT BEFORE WE HAD THIS HORRIFIC EXPERIENCE WITH COVID, A LOT OF OUR
34
NYS ASSEMBLY MAY 26, 2021
COMMUNITIES WERE CRYING ALL OVER THE PLACE. AS A RESULT THERE WAS A
NUMBER OF OPIOID DEATHS THAT WERE GOING ON. PEOPLE WERE BEING
RELEASED FROM LOCAL JAILS AND GOING RIGHT BACK TO THE PLACE THEY LEFT THE
LAST TIME BECAUSE THEY WERE STILL SICK. THEY HADN'T BEEN TAKEN CARE OF.
THIS LEVEL OF TREATMENT, AS WAS STATED BY THE SPONSOR, IS, YOU KNOW,
WELL-KNOWN TO BE THE MOST SUCCESSFUL IN DEALING WITH THAT AS AN ILLNESS.
WHICH IT IS, AN ILLNESS. AND SO IT SHOULD NOT MATTER IF A PERSON IS
INCARCERATED, IS ADDICTED TO A SUBSTANCE, IS SICK EITHER AT HOME OR IN
JAIL. THEY STILL NEED TO BE PROVIDED THE BEST OPPORTUNITY FOR THE BEST
TREATMENT.
SO I'M GOING TO VOTE IN THE AFFIRMATIVE -- AFFIRMATIVE
ON THIS ONE EVEN THOUGH I KNOW IT'S A DIFFICULT TOPIC TO HAPPEN BECAUSE
MOST PEOPLE DON'T CARE ABOUT YOU ONCE YOU HAVE BEEN CONVICTED AND/OR
WHETHER YOU'RE CONVICTED OR NOT, IF YOU END UP IN JAIL THERE'S LESS OF A
CONCERN ABOUT THE QUALITY OF YOUR LIFE UNTIL YOU GET OUT. AND I THINK IN
MANY CASES IT DOESN'T EVEN HAPPEN THEN. BUT THE FACT OF THE MATTER IS
THAT THESE PEOPLE ARE AS IMPORTANT AS THE REST OF HUMANITY.
SO I'M GOING TO BE VOTING YES ON THIS.
ACTING SPEAKER PHEFFER AMATO: MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. IN
ADDITION TO THOSE WHO ARE VOTING AFFIRMATIVE ON THE FLOOR, PLEASE RECORD
THE FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. ASHBY, MS. MILLER
AND MR. MONTESANO.
35
NYS ASSEMBLY MAY 26, 2021
THANK YOU.
ACTING SPEAKER PHEFFER AMATO: THANK
YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. WOULD YOU PLEASE RECORD OUR COLLEAGUES MR. SANTABARBARA
AND MR. ENGLEBRIGHT IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER PHEFFER AMATO: ARE THERE
ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. WE ARE GRATEFULLY MOVING RIGHT ALONG. SO IF WE COULD GO
NOW TO CALENDAR NO. 369, ASSEMBLY BILL 6193 BY OUR COLLEAGUE MS.
GONZÁLEZ-ROJAS. FROM THERE WE'LL GO TO CALENDAR NO. 361, ASSEMBLY
BILL 4668 BY MYSELF, CRYSTAL PEOPLES-STOKES. AND THEN WE'LL GO TO
CALENDAR NO. 362, ASSEMBLY BILL 4685. THAT ONE'S BY MADAM
SPEAKER PHEFFER. AND IMMEDIATELY FOLLOWING THAT WE'LL GO TO CALENDAR
NO. 271, ASSEMBLY BILL 6970. THAT ONE'S BY MEMBER WALKER.
ACTING SPEAKER PHEFFER AMATO: PAGE 29,
CALENDAR NO. 369, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06193, CALENDAR NO.
369, GONZÁLEZ-ROJAS, O'DONNELL, SEAWRIGHT, CARROLL, J. RIVERA,
EPSTEIN, KELLES, JACKSON, SILLITTI, BURDICK, BRONSON, DINOWITZ, WEPRIN,
36
NYS ASSEMBLY MAY 26, 2021
FAHY, HEVESI, CRUZ, GLICK, OTIS, L. ROSENTHAL, FERNANDEZ. AN ACT TO
AMEND THE PUBLIC SERVICE LAW AND THE GENERAL BUSINESS LAW, IN
RELATION TO REQUIRING UTILITY CORPORATIONS, MUNICIPALITIES, WATERWORKS
CORPORATIONS AND TELEPHONE SERVICE PROVIDERS TO ALLOW CUSTOMERS TO USE
THEIR PREFERRED NAME AND PRONOUNS.
ACTING SPEAKER PHEFFER AMATO: AN
EXPLANATION HAS BEEN REQUESTED, MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: THIS BILL WOULD REQUIRE
UTILITY CORPORATIONS, MUNICIPALITIES, WATERWORKS CORPORATIONS AND
TELEPHONE SERVICE PROVIDERS TO PROVIDE RESIDENTIAL CUSTOMERS WITH THE
OPTION TO HAVE ALL WRITTEN OR ORAL COMMUNICATIONS USING THE CUSTOMER'S
PREFERRED NAME AND/OR PRONOUN.
ACTING SPEAKER PHEFFER AMATO: MR.
GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
MS. GONZÁLEZ-ROJAS: YES, I WILL.
ACTING SPEAKER PHEFFER AMATO: THE
SPONSOR YIELDS.
MR. GOODELL: MOST COMPANIES NOW, CERTAINLY A
LOT OF THEM, HAVE A PROVISION WHERE YOU CAN SAY MR., MRS., MS. OR
WHATEVER. BUT THIS ISN'T LIMITED TO THE SURNAME OR ANYTHING LIKE THAT,
RIGHT? IT APPLIES TO ANY NAME THAT THE CUSTOMER WANTS TO USE?
MS. GONZÁLEZ-ROJAS: YES. IT'S AN OPTION TO USE
A PREFERRED NAME AND/OR PRONOUN.
37
NYS ASSEMBLY MAY 26, 2021
MR. GOODELL: AND SO A CUSTOMER -- LET'S SAY, FOR
EXAMPLE, YOUR NAME IS JOHN JONES. YOU COULD CALL THE UTILITY COMPANY
AND SAY, FROM HERE ON OUT USE THE NAME SAM SMITH AND THEY WOULD
HAVE TO USE THE NAME SAM SMITH?
MS. GONZÁLEZ-ROJAS: IF -- IF THAT'S YOUR
PREFERRED NAME, YES.
MR. GOODELL: I SEE. THIS ALSO PROVIDES THAT THE
UTILITY COMPANY CANNOT REQUIRE A CUSTOMER TO SPECIFY SEXUAL ORIENTATION
OR GENDER IDENTITY OR EXPRESSION AS A CONDITION OF USING THEIR PREFERRED
NAME, CORRECT?
MS. GONZÁLEZ-ROJAS: CORRECT.
MR. GOODELL: BUT AS YOU KNOW, WE PASSED
LEGISLATION THAT ALLOWS VICTIMS OF DOMESTIC ABUSE TO CANCEL ANY UTILITY
CONTRACTS. IS THERE ANY WAY THAT THE UTILITY COMPANY CAN VERIFY OTHER
THAN A SELF-STATEMENT BY THE INDIVIDUAL THAT'S CANCELING?
MS. GONZÁLEZ-ROJAS: YEAH. THEY CAN -- WELL,
IT -- IT'S IMPORTANT TO KNOW THAT NOTHING IN THIS LEGISLATION PROHIBITS THE
USE OF YOUR LEGAL NAME IN TERMS OF THE BACK-END INFORMATION.
MR. GOODELL: I SEE. SO YOU'RE JUST LOOKING AT THE
NAME ON THE UTILITY BILL?
MS. GONZÁLEZ-ROJAS: IT'S THE FRONT-FACING
INTERACTION WITH THE CUSTOMER IN WHICH YOU HAVE TO USE THEIR PREFERRED
NAME AND PRONOUN.
MR. GOODELL: I SEE. SO THE UTILITY COMPANY
WOULD CONTINUE OR COULD CONTINUE TO HAVE LEGAL NAMES ON EVERYTHING
38
NYS ASSEMBLY MAY 26, 2021
ELSE, INCLUDING CREDIT REPORTING AND THINGS LIKE THAT?
MS. GONZÁLEZ-ROJAS: ANY CORRESPONDENCE,
WRITTEN OR ORAL, MUST BE USED -- UTILIZE THEIR PREFERRED NAME AND
PRONOUN. FROM THE BACK END -- ON THE BACK END YOU -- THEY ARE ABLE TO
MAINTAIN YOUR LEGAL NAME ON RECORD.
MR. GOODELL: AND WHEN UTILITY COMPANIES REPORT
CREDIT INFORMATION, WHICH THEY ROUTINELY DO, ARE THEY REQUIRED TO REPORT
THE CREDIT INFORMATION IN THE PREFERRED NAME?
MS. GONZÁLEZ-ROJAS:. NO.
MR. GOODELL: OKAY. THANK YOU VERY MUCH.
MS. GONZÁLEZ-ROJAS: THANK YOU.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU, SIR. THE PROBLEM THAT
UTILITY COMPANIES HAVE WHEN WE PASS A LAW THAT SAYS REGARDLESS OF YOUR
LEGAL NAME YOU CAN USE WHATEVER NAME YOU WANT WITHOUT ANY
RESTRICTION AT ALL IS THAT IT CAN CREATE A RECORDKEEPING NIGHTMARE BECAUSE
PEOPLE CAN CALL EVERY MONTH AND CHANGE THEIR NAME WITHOUT GOING
THROUGH A NAME CHANGE. SO THIS MONTH IT'S JOHN JONES, NEXT MONTH IT'S
SAM SMITH. THE FOLLOWING MONTH IT'S, YOU KNOW, WHATEVER. AND THAT
CREATES INTERNAL CONFLICTS. AND THERE'S NO RESTRICTION ON THIS BILL AS TO
HOW OFTEN A PERSON CAN CHANGE THEIR NAME, SO PRESUMABLY THEY CAN DO
IT AT THEIR WHIM. BUT IF FOR SOME REASON THE UTILITY COMPANY DOESN'T
CATCH THE CHANGE, PERHAPS BECAUSE THEY'RE MAKING MULTIPLE CHANGES,
39
NYS ASSEMBLY MAY 26, 2021
THE UTILITY COMPANY IS FACING A FINE. I CERTAINLY AGREE WITH MY
COLLEAGUE THAT IF YOU WANT TO BE CALLED MR. OR MRS. OR MS. OR ANYTHING
ELSE OR NO PREFIX AT ALL, THAT'S CERTAINLY YOUR RIGHT. BUT TO REQUIRE UTILITY
COMPANIES TO USE AN ALIAS THAT HAS NO LEGAL JUSTIFICATION IS
INAPPROPRIATE. IF YOU WANT TO CHANGE YOUR NAME, YOUR LEGAL NAME, IT'S
A SIMPLE, STRAIGHTFORWARD PROCESS. BUT THIS SAYS, YOU KNOW, EACH WEEK
YOU CAN COME UP AND SAY, YOU KNOW, TODAY I FEEL LIKE I'M A MICHAEL OR
A MAN OR WHATEVER. AND THAT CAN CREATE SERIOUS UNINTENDED
CONSEQUENCES.
FOR THAT REASON I'LL BE OPPOSING IT, BUT I CERTAINLY
APPRECIATE MY COLLEAGUES' CONCERN THAT THE PREFIX OUGHT TO BE YOUR
CHOOSING. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 6193. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO
SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE SO WE CAN PROPERLY
RECORD YOUR VOTE.
40
NYS ASSEMBLY MAY 26, 2021
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION. HOWEVER, THERE MAY BE SOME MEMBERS WHO WOULD LIKE
TO BE AN EXCEPTION. IF THEY'D LIKE TO, THEY SHOULD CALL THE MAJORITY
LEADER'S OFFICE AND WE'RE HAPPY TO RECORD THEIR VOTE.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
MS. GONZÁLEZ-ROJAS TO EXPLAIN HER VOTE.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
THIS LEGISLATION IS LEGALLY SOUND AND ECONOMICALLY LOGICAL. IT IS NOT
UNFUNDED AND THERE ARE NO FINES. SPEAKING AS AN ADVOCATE, THIS BILL IS
MORALLY RIGHT. ALL RESIDENTS OF NEW YORK STATE WHO ACCESS UTILITIES
SHOULD BE RESPECTED AND TREATED WITH DIGNITY AS THEY PARTICIPATE IN OUR
ECONOMY AND INTERFACE WITH THESE CORPORATIONS. FOR MANY OF US IT'S NOT
AN ISSUE. WE WATCH NETFLIX, WE BROWSE THE INTERNET AND WE DON'T HAVE
TO WORRY ABOUT BEING TRIGGERED BECAUSE WE JUST WANT TO PAY A BILL OR
ASK CUSTOMER SERVICE A QUESTION. BUT INDIVIDUALS LIKE SAM FEELING
TRIGGERED AND OUTED IS AN EXPERIENCE THAT IS UNFORTUNATELY FAMILIAR. SO
I JUST QUICKLY WANT TO SHARE THEIR STORY BECAUSE SOME MIGHT TALK ABOUT
THE BURDEN ON COMPANIES, BUT I CAME HERE TO COMMUNICATE THE BURDEN
ON PEOPLE. SO, SAM LEGALLY CHANGED THEIR NAME ON DECEMBER 12TH OF
2018. THEY HAD BEEN GOING BY SAM FOR A YEAR PRIOR TO COURT CHANGE
41
NYS ASSEMBLY MAY 26, 2021
AND WAS UNABLE TO PAY THE FILING FEE TO LEGALLY CHANGE IT. THERE WAS NO
WAY FOR THEM TO USE ANYTHING ASIDE FROM THEIR LEGAL NAME WITH THE
UTILITY COMPANY. BUT AFTER THEIR LEGAL NAME CHANGE THEY WERE TEMPTED
TO CHANGE THEIR NAME WITH THE SERVICE PROVIDER THROUGH THEIR WEBSITE.
THE INTERNET PROVIDER DID NOT CHANGE THEIR NAME ON THE ACCOUNT UNTIL
AUGUST 2020, TWO YEARS -- TWO YEARS LATER AND ONLY AFTER THEY FILED A
DISCRIMINATION COMPLAINT WITH THE DEPARTMENT OF PUBLIC SERVICE. THIS
EFFECTIVELY OUTED THEM AND TO THEIR LANDLORD AND SEVERAL OF THEIR
NEIGHBORS IN THE APARTMENT THEY WERE STAYING IN AND LED TO NEIGHBORS
HARASSING THEM ABOUT THEIR TRANSGENDER IDENTITY. SAM TRIED MULTIPLE
TIMES TO CHANGE THEIR NAME WITH THE INTERNET PROVIDER AND EVEN WENT IN
PERSON WITH NO LUCK.
SO TODAY I RISE IN FAVOR OF THIS BILL BECAUSE AS THE NEW
YORK STATE SUPREME COURT ALREADY RULED OVER A CENTURY AGO, UTILITY
COMPANIES ARE MANDATED TO PROVIDE SERVICE TO THEIR CUSTOMERS FREE OF
DISCRIMINATION, AND WE MUST HOLD THEM ACCOUNTABLE. I RISE BECAUSE
THERE ARE SURVIVORS AND PEOPLE WHO HAVE BEEN HARMED BY OTHERS THAT
NEED TO BE ENSURED THAT THEY CAN ACCESS SERVICES WITHOUT BEING TRACKED
DOWN. I RISE BECAUSE TRANS LIVES ARE HUMAN LIVES, AND IF CORPORATIONS
CANNOT SEE THAT AND RESPECT THAT, THEN WE MUST PUSH THEM TO DO SO.
EQUITY CANNOT BE BOUGHT BUT MUST BE FOUGHT FOR. BY PASSING THIS BILL
WE CAN PROVIDE SOME RELIEF TO MANY NEW YORKERS INCLUDING OUR
SIBLINGS IN THE TRANS COMMUNITY, MAKING THEIR LIVED EXPERIENCES FEEL
MORE DIGNIFIED. ENGAGING IN THAT PUBLIC SERVICE, TO ME, IS PRICELESS.
SO I AM PROUD TO SPONSOR THIS BILL AND I PROUDLY VOTE
42
NYS ASSEMBLY MAY 26, 2021
IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GONZÁLEZ-ROJAS
IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU CAN
RECORD OUR COLLEAGUES MR. SANTABARBARA AND MS. WOERNER IN THE
NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 29, CALENDAR NO. 361, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04111, CALENDAR NO.
361, SENATOR BRESLIN (A04668, PEOPLES-STOKES, J.D. RIVERA,
JACOBSON). AN ACT TO AMEND THE INSURANCE LAW AND THE PUBLIC HEALTH
LAW, IN RELATION TO PRESCRIPTION DRUG FORMULARY CHANGES DURING A
CONTRACT YEAR.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: YES, THANK YOU, MR.
SPEAKER. THIS IS A PIECE OF LEGISLATION WE ACTUALLY HAVE INTRODUCED AND
PASSED SINCE, I WANT TO SAY '15, AND IT ACTUALLY ALLOWS THE DOCTOR AND
THE PATIENT TO TAKE THE LEAD ON DECIDING HOW THEIR DRUGS PRESCRIPTION
SHOULD HAPPEN AND IT PROHIBITS THE INSURANCE COMPANY FROM CHANGING
43
NYS ASSEMBLY MAY 26, 2021
THAT FORMULA MIDSTREAM UNLESS THERE IS COMPLIANCE WITH BOTH THE
DOCTOR AND THE PATIENT.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE
MAJORITY LEADER YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MRS.
PEOPLES-STOKES?
MRS. PEOPLES-STOKES: YES, MR. SPEAKER, I WILL.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
YIELDS, SIR.
MR. RA: THANK YOU. SO, I JUST WANTED TO START OFF
WITH -- AND YOU MENTIONED THAT THIS WAS PREVIOUSLY PASSED A COUPLE
YEARS AGO. I BELIEVE IT WAS NEAR UNANIMOUS AT THE TIME, BUT THE
GOVERNOR DID VETO THE BILL AT THE TIME. I KNOW THIS IS CERTAINLY
SOMETHING THAT MANY ADVOCACY GROUPS BELIEVE TO A, YOU KNOW, A
PRO-CONSUMER MEASURE AND I'M SURE YOU DO AS WELL. BUT ONE OF THE
THINGS THE GOVERNOR TALKED ABOUT WAS IT -- IT HAVING THE POTENTIAL TO
DRIVE RATE INCREASES BECAUSE OF NOT BEING ABLE TO MAKE THESE CHANGES.
BUT I -- I DO KNOW THAT THIS VERSION OF THE BILL DID CREATE SOME
EXCEPTIONS UNDER WHICH CHANGES COULD BE MADE TO THE FORMULARIES. SO
IF YOU COULD OUTLINE THOSE.
MRS. PEOPLES-STOKES: IT -- IT ACTUALLY DID MAKE
EXCEPTIONS TO THAT. AND WHAT IT -- WHAT IT DID IS PROVIDED FOR THOSE
EXCEPTIONS TO BE CALLS THAT ARE MADE BY THE DOCTOR IN CONJUNCTION WITH
THE INSURANCE COMPANY, NOT THE INSURANCE COMPANY INDEPENDENTLY.
44
NYS ASSEMBLY MAY 26, 2021
AND IT CAN HAPPEN MORE THAN ONE TIME DURING THE COURSE OF A YEAR.
MR. RA: OKAY. AND I -- I BELIEVE SOME OF THE
CIRCUMSTANCES WHERE A CHANGE COULD BE MADE ARE IF THERE WAS A RECALL
OF THE DRUG, CORRECT? AN FDA RECALL?
MRS. PEOPLES-STOKES: YES, THAT'S A POSSIBILITY.
MR. RA: OKAY.
MRS. PEOPLES-STOKES: IT ALSO HAS BEARING ON
THE HEALTH STATUS OF THE PATIENT AS OPPOSED TO JUST THE COST OF THE
INSURANCE COMPANY.
MR. RA: AND THEN UNDER CURRENT LAW -- OR I DON'T
KNOW IF IT'S IN LAW OR -- OR PERHAPS IN REGULATION, HEALTH -- YOU KNOW,
HEALTH INSURERS COULD MAKE UP TO, I BELIEVE, SIX CHANGES TO THE
FORMULARY DURING THE YEAR, IS THAT CORRECT?
MRS. PEOPLES-STOKES: THEY COULD. AND WHAT
THE MULTIPLE HEALTHCARE ORGANIZATIONS HAVE SUGGESTED IN THEIR ADVOCACY
FOR THIS LEGISLATION, WHICH I WOULD TEND TO AGREE, IS THAT THE POTENTIAL
FOR THE INSURANCE INDUSTRY TO MAKE THOSE EXCHANGES COULD NEGATIVELY
IMPACT THE HEALTH OF THE PATIENT AND CERTAINLY GO ADVERSELY TO THE
OPINION OF THE DOCTOR.
MR. RA: OKAY. AND I -- I -- I WOULD NOTE THAT, YOU
KNOW, ONE OF, YOU KNOW, THE RESPONSES OF SOME OF THOSE WHO ARE
AGAINST THIS PIECE OF LEGISLATION IS THAT THEY DO -- THEY ARE REQUIRED TO,
YOU KNOW, KEEP ACCESS TO SOME -- SOME DRUG THAT IS WITHIN THE SAME,
YOU KNOW, WITHIN THE SAME THERAPEUTIC CLASS TO TREAT, I GUESS, THE SAME,
YOU KNOW, TYPE OF DISORDER IF THEY WERE TO, YOU KNOW, CHANGE OR
45
NYS ASSEMBLY MAY 26, 2021
CHANGE WITHIN A TIER OF A PARTICULAR DRUG. FOR MY COLLEAGUES, YOU
KNOW, YOU MAY HAVE A DRUG FORMULARY WITH MULTIPLE TIERS, SO A CERTAIN
DRUG, IF IT WAS PUT INTO A DIFFERENT TIER THAT COULD IMPACT, YOU KNOW, THE
CO-PAY THAT A PATIENT MIGHT HAVE TO PAY.
MRS. PEOPLES-STOKES: I THINK THAT WAS THEIR
ISSUE.
MR. RA: OKAY. AND IF YOU -- IF YOU CAN, YOU KNOW,
JUST SPEAK TO, THEN, THE -- THE CONCERN THAT HAS BEEN RAISED, LIKE I SAID,
BOTH BY HEALTH INSURERS BUT ALSO THERE WAS SOME BUSINESS GROUPS WHO
HAVE EXPRESSED OPPOSITION TO THIS THAT THEY BELIEVE THAT, A, THIS IS
GOING TO REQUIRE -- BECAUSE YOU CAN'T MAKE CHANGES MIDYEAR AND
OBVIOUSLY EVERYBODY DOES NOT RENEW INSURANCE AT THE SAME TIME. YOU
KNOW, THERE -- THE RENEWALS GO ON THROUGHOUT THE YEAR, SO THAT THERE
MIGHT BE THE POTENTIAL THAT THERE WOULD HAVE TO BE A DOZEN DIFFERENT
FORMULARIES. ONE -- ONE EACH MONTH FOR PEOPLE WHOSE -- WHO ARE
COMING UP FOR RENEWAL AND THAT THAT MIGHT CAUSE AN ISSUE WITH BEING
ABLE TO PLAN AHEAD AND AS A RESULT IT MIGHT CAUSE INSURERS TO, YOU KNOW,
START OFF WITH A HIGHER NUMBER IN THEIR PLAN SO THAT THEY HAVE THAT
FLEXIBILITY BECAUSE THEY'RE NOT GOING TO BE ABLE TO MAKE AN ADJUSTMENT
IF -- IF SOME CHANGE TO THE COST DOES HAPPEN MIDYEAR.
MRS. PEOPLES-STOKES: WELL, I THINK THAT THAT'S A
CORRECT ASSUMPTION ON THEIR PART, BUT THE PURPOSE AND INTENT OF THE
LEGISLATION IS TO BE MORE PROTECTIVE OF THE PATIENT AS OPPOSED TO
NECESSARILY PROTECTING THE BOTTOM-LINE PROFIT. NOW, CLEARLY, THEY DO
HAVE TO SET A STRATEGY FOR HOW THEY'RE GOING TO OPERATE THEIR BUSINESS,
46
NYS ASSEMBLY MAY 26, 2021
BUT THE DOCTOR ALSO HAS TO SET A STRATEGY BASED ON HOW HE'S GOING TO
DEAL WITH THE HEALTH OF THE PATIENT BASED ON THE PATIENT'S PHYSICAL
CONDITION AS WELL AS HOW THEY DEAL WITH DIFFERENT TYPES OF MEDICATION.
SOMETIMES THE MEDICATION MAY CHANGE BECAUSE THE CO-PAY IS -- IS LESS
FOR THE PATIENT, BUT IT MIGHT NOT BE THE ONE PHYSIOLOGICALLY RIGHT FOR THE
PATIENT. THAT'S A DECISION THAT SHOULD BE MADE BY THE DOCTOR AND THE
PATIENT. THAT'S WHAT WE'RE ASKING FOR HERE.
MR. RA: THANK YOU. THE LAST PIECE THAT I WANTED TO
ASK ABOUT, I KNOW THIS WAS INCLUDED IN THE -- IN THE PREVIOUS VERSION
THAT HAD BEEN VETOED. THIS RELATES TO, I GUESS, YOU KNOW, PRIVATE
INSURANCE PLANS THAT ARE -- THAT ARE PURCHASED BY INDIVIDUALS THROUGH
THE EXCHANGE OR THEY MAY HAVE THROUGH THEIR EMPLOYER, BUT NOT THOSE
THAT ARE COLLECTIVELY BARGAINING, IS THAT CORRECT?
MRS. PEOPLES-STOKES: RESTATE YOUR QUESTION.
MR. RA: DOES -- DOES THIS TREAT, YOU KNOW, PRIVATE
INSURANCE THAT AN INDIVIDUAL MIGHT PURCHASE THROUGH AN EXCHANGE OR
MAYBE HAVE THROUGH A PRIVATE EMPLOYER DIFFERENTLY THAN -- THAN THOSE
PLANS THAT SOMEBODY GETS THROUGH COLLECTIVE BARGAINING?
MRS. PEOPLES-STOKES: WELL, I THINK THIS ONE
WAS INITIALLY JUST SIMPLY BASED ON THE AFFORDABLE HEALTH CARE ACT,
PLANS THAT COMES THROUGH THAT. BUT I BELIEVE IT'S MORE BROAD NOW.
MR. RA: THANK YOU, MRS. PEOPLES-STOKES.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.
MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME,
47
NYS ASSEMBLY MAY 26, 2021
SIR.
MR. RA: THANK YOU. AND -- AND I -- I JUST WANTED TO
RAISE SOME OF THOSE CONCERNS. I AM GOING TO BE SUPPORTING THIS BILL,
BUT, YOU KNOW, IT WAS VETOED A COUPLE YEARS AGO. I THINK THAT HAS BEEN
SOMEWHAT ADDRESSED IN TERMS OF ALLOWING SOME EXCEPTIONS. BUT THE
BOTTOM LINE IS -- AND THIS IS WHAT HAS BEEN STATED BY SOME OF THE
BUSINESS GROUPS THAT HAVE -- HAVE PUT OUT OPPOSITION TO THIS. WE ALL
KNOW THE COST OF HEALTHCARE IS -- IS A CONCERN FOR ALL OF OUR
CONSTITUENTS. AND WHETHER THEY PURCHASE IT THROUGH THE EXCHANGE,
WHETHER THEY GET IT THROUGH A PRIVATE EMPLOYER, WHETHER THEY'RE, YOU
KNOW, IN A UNION EMPLOYER AND GET A PLAN THROUGH THERE, ONE OF THE
MOST COMMON THINGS PEOPLE ARE CONCERNED WITH AND ONE OF THE DRIVERS
OF COST IS PRESCRIPTION DRUGS. AND THIS DOES LIMIT THE ABILITY OF THE
INSURERS TO MAKE THOSE ADJUSTMENTS DURING THE YEAR, AND LIKE I SAID, THE
COST RENEWALS COME UP AT DIFFERENT TIMES. IT IS GOING TO CAUSE SOME
COMPLICATION IN TERMS OF MAKING -- MAKING THEM HAVE TO HAVE REALLY A
DOZEN DIFFERENT FORMULARIES AS -- AS THESE PLANS ARE COMING UP FOR
RENEWAL. SO I -- I THINK WE'LL SEE GOING FORWARD WHETHER THE GOVERNOR
LOOKS MORE FAVORABLY ON THIS VERSION OF THE BILL, BUT -- BUT CERTAINLY, I
THINK WE NEED TO CONTINUE TO LOOK AT THE ISSUE OF THE COST OF DRUGS AND
TRY TO FIND WAYS, I THINK, THROUGH INCREASED TRANSPARENCY AND OTHER
MEASURES TO -- TO HELP ADDRESS THAT COST FOR OUR CONSTITUENTS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR. RA.
READ THE LAST SECTION.
48
NYS ASSEMBLY MAY 26, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 4111. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 29, CALENDAR NO. 362, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04685-A, CALENDAR
NO. 362, PHEFFER AMATO, ZINERMAN, RODRIGUEZ. AN ACT TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO PROHIBITING GENERAL HOSPITALS FROM
DISALLOWING INDIVIDUALS WITH DISABILITIES FROM HAVING AN ESSENTIAL
SUPPORT PERSON ACCOMPANY THEM FOR THE DURATION OF THEIR
HOSPITALIZATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MS. PHEFFER AMATO.
MS. PHEFFER-AMATO: THANK YOU, MR. SPEAKER,
FOR THE OPPORTUNITY TO EXPLAIN. I INTRODUCED THIS BILL, 4685, WHICH WE
NAMED "FRED'S LAW" ON BEHALF OF THE D'AMICO FAMILY. THE D'AMICOS,
49
NYS ASSEMBLY MAY 26, 2021
WHO RESIDE IN QUEENS COUNTY, CARED FOR THEIR 30-YEAR-OLD SON FRED
WHO HAD NON-VERBAL AUTISM. FRED WAS HOSPITALIZED WITH COVID-19
ON MARCH 2020. UNFORTUNATELY, HIS MOTHER AND FATHER, HIS LIFELONG
CAREGIVERS, WERE NOT ALLOWED TO BE WITH HIM IN THE HOSPITAL TO CARE FOR
HIM OR ADVOCATE FOR HIS MEDICAL NEEDS IN THE FINAL HOURS OF HIS LIFE.
THIS BILL WOULD ALLOW AN ESSENTIAL SUPPORT PERSON TO ACCOMPANY AN
INDIVIDUAL WITH DISABILITY WHILE IN THE HOSPITAL DURING DECLARED
EMERGENCIES LIKE THE COVID PANDEMIC. THE ACCOMPANYING PERSON
WOULD BE REQUIRED TO FOLLOW ALL COVID-19 GUIDELINES OR ANY OTHER
GUIDELINES SET FORTH BY THE HOSPITAL FOR THE SAFETY AND PROTECTION OF THE
PATIENTS AND STAFF. THIS BILL WILL ENSURE THAT WHAT HAPPENED TO FRED
WILL NEVER HAPPEN TO ANOTHER FAMILY.
THANK YOU. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 1035-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. MILLER TO EXPLAIN HER VOTE.
MS. MILLER: THANK YOU, MR. SPEAKER. I WANT TO
THANK THE SPONSOR FOR THE BILL. YOU KNOW, I UNFORTUNATELY HAVE SPENT
MANY ADMISSIONS IN THE HOSPITAL WITH OLIVER DURING COVID, AND IT IS
50
NYS ASSEMBLY MAY 26, 2021
-- YOU KNOW, I THANK GOD EVERY DAY THAT I WAS ABLE TO, THAT THE HOSPITAL
ALLOWED ME, RECOGNIZING THAT OLIVER CANNOT ADVOCATE FOR HIMSELF. AND
I CAN TELL YOU, YOU KNOW, WE -- THERE WAS A LITTLE CONCERN WHETHER THE
FAMILIES OR THE ESSENTIAL PEOPLE WOULD HAVE TO ADHERE TO ALL THE HOSPITAL
PROTOCOLS AS FAR AS SAFETY AND HYGIENE AND ALL OF THAT, AND I CAN TELL YOU
FIRSTHAND THAT WE DO. WE WERE FOLLOWING THE SAME PROTOCOL AS STAFF. IF
I -- IF I WALKED OUT OF OLIVER'S ROOM I HAD TO BE MASKED UP. IF -- YOU
KNOW, SO WHEN I WENT IN AND OUT OF THE HOSPITAL I HAD TO HAVE MY
TEMPERATURE TAKEN AND I HAD TO, YOU KNOW, ANSWER THE QUESTIONS. SO
THAT LITTLE BIT OF, YOU KNOW, PEACE TO -- TO KNOW THAT A FAMILY MEMBER
CAN BE WITH THEIR LOVED ONE WHEN THEY CANNOT ADVOCATE FOR THEMSELVES
OR CAN'T SPEAK FOR THEMSELVES IS SO IMPORTANT, AND I JUST HOPE THAT THIS
BILL GETS EXPANDED SO THAT IT'S NOT JUST DURING THE PANDEMIC.
THANK YOU.
ACTING SPEAKER AUBRY: MS. MILLER IN THE
AFFIRMATIVE.
MR. ABINANTI.
MR. ABINANTI: OKAY. AM I HERE?
ACTING SPEAKER AUBRY: YES, YOU ARE.
MR. ABINANTI: THANK YOU -- THANK YOU, MR. --
MR. SPEAKER. I WOULD LIKE TO ALSO SECOND THE COMMENTS OF THE
PROPONENT OF THIS LEGISLATION AND OF MY COLLEAGUE WHO JUST SPOKE. THE
FAILURE OF THIS ADMINISTRATION TO CONSIDER THE NEEDS OF PEOPLE WITH
DISABILITIES IS AN INDICTMENT OF THIS ADMINISTRATION IN ITS FAILURE TO
UNDERSTAND THE PEOPLE WHO HAVE DISABILITIES. THEY TOTALLY LACK THE
51
NYS ASSEMBLY MAY 26, 2021
UNDERSTANDING OF THE NEEDS OF PEOPLE WITH DISABILITIES, AND FRANKLY,
DON'T APPEAR TO CARE. THE FAILURE TO INSTRUCT THE HOSPITALS TO ALLOW
CAREGIVERS TO ACCOMPANY THOSE WHO CANNOT UNDERSTAND AND CANNOT
FEND FOR THEMSELVES AND CANNOT ARGUE FOR THEMSELVES IS A -- IS A TOTAL
FAILURE BY THIS ADMINISTRATION. BUT IT'S MORE IT'S A DEMONSTRATION THAT
THEY REALLY DON'T CARE. WHAT WE SAW DURING THE COVID EPIDEMIC WAS
THAT THE ADMINISTRATION REFUSED TO CONSIDER ANY OF THE
RECOMMENDATIONS THAT THOSE OF US IN THE DISABILITY COMMUNITY MADE
REGARDING HOW BEST TO TREAT PEOPLE WITH DISABILITIES. THEY FAILED TO
PROVIDE THEIR PERSONAL PROTECTION EQUIPMENT. THEY FAILED TO PROVIDE
REGULATIONS THAT WOULD LIMIT THE SPREAD OF COVID, AND THEY FAILED TO
PROVIDE FOR MEDICAL CARE IN A -- IN A FASHION THAT MEETS THE NEEDS OF
PEOPLE WITH DISABILITIES.
SO I COMMEND THE SPONSOR OF THIS LEGISLATION. IT IS
SAD THAT WE HAVE TO PUT THIS LEGISLATION FORWARD AND THAT THE
DEPARTMENT OF HEALTH AND THE EXECUTIVE BRANCH DID NOT PROVIDE THE
APPROPRIATE REGULATIONS SO THAT THIS LEGISLATION WOULD NOT BE NECESSARY.
THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. LEMONDES: THANK YOU. AS THE DAD OF A
52
NYS ASSEMBLY MAY 26, 2021
DISABLED DAUGHTER, I'D LIKE TO POINT OUT THAT THIS IS CRITICALLY IMPORTANT
IN -- FOR MANY REASONS, ONE OF WHICH IS MANY TIMES DURING MY FORMER
CAREER I WAS UNABLE TO BE THERE. I WAS UNABLE TO BE MY -- MY
DAUGHTER'S -- MY DAUGHTER'S DAD. AND BILLS LIKE THIS -- AND I -- I -- I
WANT TO THANK THE SPONSOR FOR PUTTING IT FORWARD -- ARE CRITICALLY
IMPORTANT BECAUSE IT ENABLES ADDITIONAL FAMILY MEMBERS TO BE THERE
WITH THEIR -- WITH THEIR DISABLED CHILD OR FAMILY MEMBER IN TIMES OF
NEED. AND OFTENTIMES IN MY -- IN MY CASE, AS IS THE CASE WITH MANY
VETERANS WHILE ON ACTIVE DUTY, THEY HAVE TO RESORT TO ADDITIONAL FAMILY
MEMBERS. IN MANY -- IN MANY CASES BECAUSE OF MY DEPLOYMENT
REQUIREMENTS, MY WIFE'S WORK REQUIREMENTS, IT WAS MY MOTHER-IN-LAW
OR FATHER-IN-LAW OR MOTHER OR SISTER OR SOMEONE IN MY -- MY WIFE'S
FAMILY THAT WAS ACTUALLY IN THE HOSPITAL WITH OUR DAUGHTER.
AND FOR THESE REASONS I THINK THIS IS CRITICALLY
IMPORTANT AND I'M GLAD TO SUPPORT IT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. MR.
LEMONDES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 22, CALENDAR NO. 271, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06970-A, CALENDAR
NO. 271, WALKER, JACOBSON, OTIS, BICHOTTE HERMELYN, PERRY, STIRPE.
AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO ESTABLISHING AN
ELECTRONIC ABSENTEE BALLOT APPLICATION TRANSMITTAL SYSTEM.
53
NYS ASSEMBLY MAY 26, 2021
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WALKER.
(PAUSE)
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD LAY 6970 ASIDE WHILE WE FIX OUR TECHNICAL GLITCH WITH MS.
WALKER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: AND IF WE CAN JUST KEEP
GOING IN THIS VERY GOOD MOVEMENT THAT WE HAVE GOING, MR. SPEAKER,
WE SHOULD GO TO RULES REPORT NO. 103, ASSEMBLY BILL NO. 2520 BY
MS. WEINSTEIN. FOLLOWED BY RULES REPORT NO. 77, ASSEMBLY BILL
1242 BY MR. CAHILL. AND THEN GO TO CALENDAR NO. 253, ASSEMBLY BILL
NO. 4186 BY MR. DINOWITZ. AND IMMEDIATELY FOLLOWING MR. DINOWITZ
WE CAN CERTAINLY HAVE MS. WEIN -- I'M SORRY, MS. WALKER BACK ON LINE
AND WE CAN MOVE WITH THAT.
ACTING SPEAKER AUBRY: PAGE 5, RULES REPORT
NO. 103, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01789, RULES REPORT NO.
103, SENATOR SANDERS (A02520, WEINSTEIN). AN ACT TO AMEND THE CIVIL
PRACTICE LAW AND RULES, IN RELATION TO ESTABLISHING THAT DOMESTIC
VIOLENCE ADVOCATES MAY NOT DISCLOSE ANY COMMUNICATION MADE BY A
CLIENT TO THE ADVOCATE EXCEPT IN CERTAIN CIRCUMSTANCES.
ACTING SPEAKER AUBRY: MS. WEINSTEIN, AN
EXPLANATION HAS BEEN REQUESTED.
54
NYS ASSEMBLY MAY 26, 2021
MS. WEINSTEIN: CERTAINLY, MR. SPEAKER,
ASSEMBLY -- ASSEMBLYWOMAN WALSH.
THIS -- THIS BILL IS A -- REALLY A VERY SIMPLE BILL. IT -- IT
WOULD EXTEND THE SAME CPLR CONFIDENTIALITY PROVISIONS WHICH APPLY
FOR RAPE CRISIS COUNSELORS TO DOMESTIC VIOLENCE COUNSELORS. AND THERE'S
SEVERAL REASONS TO BE DOING THIS -- TO BE ADDING THIS. FIRST OF ALL, SOME
OF THESE SERVICE PROVIDERS HAVE BOTH RAPE CRISIS COUNSELORS AND
DOMESTIC VIOLENCE COUNSELORS. AND RIGHT NOW A VICTIM OF DOMESTIC
VIOLENCE THAT'S ALSO A SEXUAL ASSAULT VICTIM WILL TALK TO A RAPE CRISIS
CENTER ADVOCATE AND HAVE CONFIDENTIALITY, BUT THEN WHEN THEY TALK TO
THE DOMESTIC VIOLENCE ADVOCATE THERE'S A LITTLE CONFUSION. SO WE WANT
TO MAKE STATE LAW CONSISTENT FOR THESE INDIVIDUALS. THERE IS -- AS YOU
MAY KNOW, UNDER THE VIOLENCE AGAINST WOMEN ACT, THERE IS SOME
CONFIDENTIALITY PROVISIONS, BUT BY MAKING THIS CPLR CHANGE WE NEED
THE EVIDENTIARY -- IT'S AN EVIDENTIARY CHANGE. IT WILL HELP THE -- THE
PROGRAMS BECAUSE RIGHT NOW SOME OF THEM ARE GETTING SUBPOENAS AND
IT'S CONFUSION BECAUSE OF THE VIOLENCE AGAINST WOMEN ACT. ALSO, THE
-- OUR CONFIDENTIALITY PROVISIONS ARE -- CAN CHANGE WITH A CHANGE OF
ADMINISTRATION SO IT'S IMPORTANT THAT WE MAKE THIS CHANGE IN OUR STATE
LAW.
BE HAPPY TO RESPOND TO ANY QUESTIONS.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
55
NYS ASSEMBLY MAY 26, 2021
YOU YIELD?
MS. WEINSTEIN: YES. YES. HAPPY TO YIELD.
MS. WALSH: SO I REALLY APPRECIATE THE EXPLANATION
THAT YOU JUST GAVE. YOU DID -- YOU DID ADDRESS SOME OF THE QUESTIONS I
WAS WONDERING AS I WAS REVIEWING THE BILL. IT SEEMED TO ME THAT THERE
WOULD BE SOME OVERLAP, PERHAPS, BETWEEN THE -- THE RAPE CRISIS
COUNSELORS AND DOMESTIC VIOLENCE COUNSELORS. AND -- AND I COMPLETELY
UNDERSTAND THE -- THE PURPOSE OF THE BILL TO ENCOURAGE, YOU KNOW, A FULL
AND HONEST AND COMPLETE DESCRIPTION OF, YOU KNOW, A PROBLEM SO THAT IT
CAN BE CAN SOLVED IN THE BEST WAY, YOU KNOW, POSSIBLE FOR THE -- FOR THE
INDIVIDUALS INVOLVED. I -- SO, I JUST HAVE A -- A LITTLE BIT OF A CONCERN
WITH -- WITH ONE PART OF THE BILL. AND I -- I -- I THINK IT PROBABLY COULD
BE ADDRESSED IF IT WAS MAYBE JUST WORDED A LITTLE BIT DIFFERENTLY. I DON'T
KNOW. BUT THE -- THE CONCERN THAT I HAVE IS THAT UNDER ROSARIO AND
BRADY THERE'S A REQUIREMENT THAT IF -- YOU KNOW, IF THE DISCLOSURE MADE
BY, SAY, A WOMAN WHO HAS EXPERIENCED DOMESTIC VIOLENCE AND IS
MEETING WITH A DV COUNSELOR, IF -- IF FOR SOME EXAMPLE THAT THE -- THE
WOMAN SAYS THAT ACTUALLY A PARTICULAR INCIDENT WAS FALSIFIED, FOR
WHATEVER REASON IT WAS FALSIFIED, THE ADVOCATE WOULD BE BARRED FROM
DISCLOSING THAT TO THE COURT OR TO THE OTHER PARTIES. SO IF THERE -- IF HER
SIGNIFICANT OTHER WAS A DEFENDANT IN A CRIMINAL MATTER AND WE FIND OUT
-- WE -- WE CAN'T FIND OUT BECAUSE THE ADVOCATE CAN'T SAY, I'M WORRIED
THAT THERE WOULD BE A ROSARIO CONCERN OR A CONCERN UNDER BRADY
BECAUSE THAT MATERIAL COULD HAVE BEEN EXCULPATORY TO THE -- TO THE
CRIMINAL DEFENDANT. I'M JUST WONDERING IF YOU COULD JUST ADDRESS THAT.
56
NYS ASSEMBLY MAY 26, 2021
MS. WEINSTEIN: I'M NOT SURE I COULD ANSWER THAT
DIRECTLY. I MEAN, THERE IS AN EXCEPTION IN THE PRIVILEGE FOR REPORTING
CHILD ABUSE. THAT'S NOT CONFIDENTIAL. AND IF YOU KNOW THAT A CRIME IS
BEING -- KNOW ABOUT A CRIME TO BE COMMITTED. I AM NOT SURE ABOUT A
PAST SITUATION. BUT I WOULD THINK IT -- IT WOULDN'T -- IT'S NOT -- IT
WOULDN'T BE UNIQUE TO THIS PROPOSAL BECAUSE THIS JUST ADDS DOMESTIC
VIOLENCE TO THE SEXUAL ASSAULT SO THAT IF -- IF THE ISSUE EXISTS NOW FOR
RAPE CRISIS CENTER --
MS. WALSH: YEAH.
MS. WEINSTEIN: -- ADVOCATES IT WOULD ALSO EXIST.
BUT I DON'T WANT TO -- I CAN'T TELL YOU DEFINITIVELY WHICH -- YOU KNOW,
WHETHER IT DOES OR -- OR DOES NOT PRESENT AN ISSUE.
MS. WALSH: RIGHT, RIGHT. THANK YOU. I MEAN --
YEAH, I SEE THE EXCEPTIONS THAT ARE WRITTEN IN FOR THE -- THE SUSPECTED
CHILD ABUSE OR INTENT TO COMMIT A CRIME, A HARMFUL ACT. I GET -- I GET
THAT PART OF IT, BUT -- AND I -- I ALSO UNDERSTAND WHAT YOU'RE SAYING,
WHICH IS THAT -- THAT THE RAPE CRISIS COUNSELORS, THAT PRIVILEGE WAS
ESTABLISHED BACK IN I THINK 1993, SO IT -- IT COULD -- IT COULD BE A
PROBLEM ALL ALONG. BUT I JUST -- I WASN'T AROUND THEN, SO I JUST HAVE TO
DEAL WITH THE BILL THAT WE'VE GOT IN FRONT OF US RIGHT NOW.
MS. WEINSTEIN: SO, I -- I WAS AND I CAN'T RECALL --
MS. WALSH: YOU WERE, THAT'S RIGHT. YOU WERE
AROUND.
MS. WEINSTEIN: AND FOR ALL I KNOW I MAY HAVE
SPONSORED THE BILL.
57
NYS ASSEMBLY MAY 26, 2021
MS. WALSH: ALL RIGHT. THANK YOU VERY MUCH, MS.
WEINSTEIN.
MS. WEINSTEIN: SURE.
MS. WALSH: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO, I -- I DO THINK THAT THE -- THE BILL IS,
IN MY VIEW, IT'S -- IT'S ALMOST THERE. I THINK IT JUST HAS -- IT HAS A
PROBLEM, I BELIEVE, WITH ROSARIO AND WITH BRADY MATERIAL. SO WE --
WE WANT WOMEN OR MEN WHO HAVE EXPERIENCED DOMESTIC VIOLENCE TO
BE ABLE TO, YOU KNOW, FULLY AND TRUTHFULLY AND HONESTLY CONVEY THAT TO A
COUNSELOR SO THAT THEY COULD GET THE BEST HELP THAT THEY -- THAT THEY CAN.
AND, YOU KNOW, I REALLY APPLAUD THE WORK THAT'S DONE BY DOMESTIC
VIOLENCE COUNSELORS AND RAPE -- RAPE CRISIS COUNSELORS. I'M -- LOCALLY,
I'M FAMILIAR WITH THE WOMEN WHO WORK AT THE YWCA IN SCHENECTADY.
THEY DO FANTASTIC WORK AND I -- I REALLY APPRECIATE IT AND I KNOW THAT
THAT'S BEING DONE ALL AROUND THE STATE. I JUST THINK THAT IF THERE MIGHT
BE JUST THIS PART OF THE BILL THAT NEEDS TO BE ADDRESSED AND I THINK THAT
THAT'S WHY THERE WERE A FEW NO VOTES IN COMMITTEE AS THIS BILL CAME TO
-- TO THE -- TO -- INTO THE ASSEMBLY AND WHY IT WAS INITIALLY LAID ASIDE. I
MEAN, I THINK THAT THERE IS AN ARGUMENT TO BE MADE, LIKE, WHY -- WHY DO
WE NEED THIS PRIVILEGE? WHY DO WE NEED ANOTHER PRIVILEGE? AND THE
OTHER THING THAT I'M KIND OF CONCERNED ABOUT IS, YOU KNOW, IF THERE'S A
MISTAKE AND THE DOMESTIC VIOLENCE COUNSELOR -- LET'S SAY THAT THIS BILL
PASSES AND IT'S SIGNED AND IT'S IN PLACE, IF THE DOMESTIC VIOLENCE
58
NYS ASSEMBLY MAY 26, 2021
COUNSELOR MAKES A BAD CALL AND DISCLOSES MATERIAL THAT THEY SHOULD NOT
HAVE, THAT WOULD SUBJECT THE COUNSELOR TO LIABILITY, I BELIEVE, AS IT DOES
FOR AN ATTORNEY WHO VIOLATES THE ATTORNEY-CLIENT PRIVILEGE AND THE OTHER
PRIVILEGES THAT HAVE BEEN ESTABLISHED UNDER THE CPLR. SO, I THINK WE
NEED TO BE CAREFUL. WE WANT TO -- I -- I UNDERSTAND THE PURPOSE FOR THE
BILL, BUT I THINK WE NEED TO DO IT IN SUCH A WAY THAT WE DON'T
INADVERTENTLY CREATE PROBLEMS EITHER WITH BRADY MATERIAL OR ROSARIO OR
BY POTENTIALLY EXPOSING A DOMESTIC VIOLENCE COUNSELOR TO LIABILITY.
SO, THAT'S ALL I'VE GOT. SO, THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 1789. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 77, THE CLERK WILL READ.
THE CLERK: SENATE NO. A00346, RULES REPORT NO.
77, SENATOR KAPLAN (A01242, CAHILL, GRIFFIN, JACOBSON). AN ACT TO
AMEND THE TAX LAW, IN RELATION TO INCLUDING CERTAIN INDEPENDENT
59
NYS ASSEMBLY MAY 26, 2021
CONTRACTORS IN THE STATE DIRECTORY OF NEW HIRES TO AID IN THE
ADMINISTRATION OF THE CHILD SUPPORT ENFORCEMENT PROGRAM.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER. THIS BILL IS
A SIMPLE BILL. IT AMENDS THE TAX LAW TO INCLUDE CERTAIN INDEPENDENT
CONTRACTORS IN THE STATE DIRECTORY THAT -- OF NEW HIRES THAT WE USE TO
ENFORCE CHILD SUPPORT ORDERS.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR JUST A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. CAHILL, WILL YOU
YIELD?
MR. CAHILL: YES, SIR.
ACTING SPEAKER AUBRY: MR. CAHILL YIELDS.
MS. WALSH: THANK YOU SO MUCH, MR. CAHILL. SO,
THE QUESTION I'VE GOT ON THIS BILL IS, WHO -- DOES THIS APPLY TO, SAY, A
RESIDENTIAL HOMEOWNER WHO IS CONTRACTING WITH -- INDEPENDENTLY WITH A
CONTRACTOR TO COME AND DO WORK AT THEIR HOUSE THAT MIGHT EXCEED
$2,500? ARE WE -- ARE WE SUBJECTING, LIKE, A HOMEOWNER TO HAVE TO
FILE OR ISSUE A W-4 AT THE END OF THE YEAR?
MR. CAHILL: I BELIEVE IT WOULD TECHNICALLY APPLY TO
THEM. NOW THE QUESTION IS, WOULD THERE BE ANY MEANS OF ENFORCING IT
IF IT WERE AN INDEPENDENT CONTRACTOR WHO WENT TO A SINGLE HOMEOWNER
SINCE THAT SINGLE HOMEOWNER GENERALLY DOESN'T HAVE AN OBLIGATION TO
60
NYS ASSEMBLY MAY 26, 2021
REPORT TO THE DIRECTORY TO BEGIN WITH. SO, MAYBE TECHNICALLY SO, BUT I
THINK THAT IS SOMETHING THAT WOULD HAVE TO BE DEALT WITH BY REGULATION.
MS. WALSH: AND -- AND DOES THIS BILL PROVIDE THAT
THERE WILL BE REGULATIONS THAT WILL BE CREATED FOLLOWING PASSAGE TO
ADDRESS THOSE TYPES OF ISSUES OR...
MR. CAHILL: EVERY SINGLE BILL THAT WE PASS COMES
WITH THE POSSIBILITY OF THE AGENCY DEVELOPING REGULATIONS, SO IT DOESN'T
HAVE TO SPECIFY THAT REGULATIONS WOULD FOLLOW. IT JUST OFTEN IS THE CASE
THAT WHEN IT IS DETERMINED THAT THE STATUTE CANNOT BE MADE SPECIFIC
ENOUGH FOR APPLICATION, THE AGENCY IS BASICALLY EMPOWERED AND, IN
FACT, OBLIGATED TO ISSUE REGULATIONS TO ASSURE COMPLIANCE IN THE CARRYING
OUT OF THE LAW.
MS. WALSH: AS THE -- AS THE SPONSOR FOR THIS
LEGISLATION WOULD IT BE YOUR INTENT THAT INDIVIDUAL RESIDENTIAL
HOMEOWNERS WOULD HAVE THAT BURDEN ON THEM TO ISSUE W-4S FOR ANY
INDEPENDENT CONTRACTOR WORK DONE AT THEIR RESIDENCE THAT EXCEEDED
$2,500?
MR. CAHILL: THANK YOU. MR. SPEAKER, THE INTENT
OF THE LAW -- THE INTENT OF THE BILL IS TO ASSURE THAT PEOPLE WHO OWE
CHILD SUPPORT PAY CHILD SUPPORT.
MS. WALSH: YEAH.
MR. CAHILL: SHOULD THE AGENCY DETERMINE THAT
THERE IS A REASONABLE MEANS BY WHICH THAT COULD BE ACCOMPLISHED,
CERTAINLY THIS LAW -- THIS BILL WOULD NOT PROHIBIT THAT. IT IS MY
ESTIMATION, HOWEVER, THAT THE PRACTICAL IMPACT OF IT IS THAT THAT WOULD
61
NYS ASSEMBLY MAY 26, 2021
NOT OCCUR.
MS. WALSH: VERY GOOD. THANK YOU SO MUCH, MR.
CAHILL.
MR. CAHILL: THANK YOU.
MS. WALSH: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO THAT -- THAT'S REALLY WHAT MY -- MY
ONLY CONCERN IS WITH THE BILL. I -- I COMPLETELY -- YOU KNOW, AS
SOMEBODY WHO'S WORKED IN FAMILY COURT FOR A LONG TIME, I THINK IT'S
VERY, VERY IMPORTANT THAT IF AN INDIVIDUAL OWES CHILD SUPPORT THAT
THERE'S A WAY TO MAKE SURE THAT THAT CHILD SUPPORT IS GETTING PAID. AND
PART OF THAT IS KEEPING PEOPLE HONEST AND MAKING SURE THAT WHEN
THEY'RE -- YOU KNOW, THEIR REPORTED INCOME IS, YOU KNOW, ACCURATE AND
CAN BE -- AND THEY, YOU KNOW, NEED TO PAY SUPPORT BASED ON THAT. SO I
DON'T KNOW, THOUGH. IT -- IT JUST SEEMS LIKE IT'S -- IT'S -- IT'S AN OBVIOUS
CONCERN THAT -- I DON'T WANT TO SEE INDIVIDUAL HOMEOWNERS LIKE MYSELF
-- I MEAN, AT -- I MEAN, AT MY HOUSE THERE ARE A LOT OF CONTRACTORS WHO
COME AND PAVE MY DRIVEWAY OR -- OR DO PLUMBING WORK OR HVAC
WORK. IT'S NOT HARD TO IMAGINE THAT WORK DONE AT SOMEBODY'S RESIDENCE
COULD EXCEED THAT THRESHOLD OF $2,500. AND I DON'T WANT TO SEE
INDIVIDUAL HOMEOWNERS HAVE TO, YOU KNOW, ISSUE W-4S OR GET INVOLVED
IN A LOT OF THAT COMPLICATED STUFF IF THEY'RE JUST GETTING WORK DONE AT
THEIR HOUSE. SO, I THINK, THAT, YOU KNOW, THE BILL HAS A -- A GOOD INTENT,
A GOOD INTENTION TO IT. I JUST THINK THAT THAT PARTICULAR -- PERHAPS
62
NYS ASSEMBLY MAY 26, 2021
UNINTENDED CONSEQUENCE OF THE BILL SHOULD BE ADDRESSED EITHER IN
SUBSEQUENT REGULATION OR GUIDANCE. BUT OTHER THAN THAT, YOU KNOW, I --
I JUST THINK THAT THAT IS -- THAT -- I THINK -- I BELIEVE THAT THAT
INTERPRETATION WAS THE ONE THAT WAS -- WAS A BELIEF THAT WAS HELD IN THE
OTHER HOUSE THAT HAS PREVIOUSLY TAKEN UP THIS BILL. SO THAT'S WHY I
BRING IT UP HERE.
SO, THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CAHILL, WILL YOU
YIELD?
MR. CAHILL: YES, SIR.
ACTING SPEAKER AUBRY: MAKE SURE YOUR MIC
IS ON, MR. CAHILL.
MR. CAHILL: YES.
MR. GOODELL: SO, THIS WOULD REQUIRE THE ISSUANCE
BY A HOMEOWNER OF A W-4. IS THAT ONCE A YEAR?
MR. CAHILL: I'M SORRY, I -- I -- CAN YOU REPEAT THAT,
MR. GOODELL?
MR. GOODELL: YEAH. THE W-2 -- OR W-4 THAT'S
ISSUED, THAT'S ONCE A YEAR?
MR. CAHILL: WELL, I GUESS IT WOULD DEPEND ON THE
63
NYS ASSEMBLY MAY 26, 2021
CIRCUMSTANCE. SOME EMPLOYERS, SINCE THERE WOULD PROBABLY BE
MULTIPLE PARTIES INVOLVED WITH CONTRACTING WITH THESE FOLKS IT COULD
HAPPEN A NUMBER OF DIFFERENT TIMES WITH REGARD TO THE INDIVIDUAL, BUT
WOULDN'T CHANGE THE REPORTING REQUIREMENTS FOR THE BUSINESS, NO.
MR. GOODELL: AND AM I CORRECT THE W-4 IS SENT TO
THE STATE TAX DEPARTMENT, THE CONTRACTOR AND THE IRS, CORRECT?
MR. CAHILL: I BELIEVE SO. IT DOESN'T CHANGE ANY OF
THOSE REQUIREMENTS.
MR. GOODELL: THANK YOU.
MR. CAHILL: THANK YOU.
MR. GOODELL: ON THE -- ON THE, BILL SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: AS MY COLLEAGUE MENTIONED, THIS
BILL WOULD REQUIRE HOMEOWNERS TO FILE A W-4 TAX FORM WITH THE NEW
YORK STATE TAX DEPARTMENT, THE IRS AND WITH A CONTRACTOR FOR ANY
CONTRACT INVOLVING MORE THAN $2,500. NOW, THINK ABOUT YOUR OWN
HOUSE. ANY PAINTING JOB, ROOFING, LANDSCAPING OVER THE COURSE OF THE
YEAR, SNOWPLOWING. YOU'RE GOING TO HAVE ALL THE RESIDENTS IN THE STATE
BEING FORCED TO FILE MULTIFORM -- MULTICOPY FORM WITH ALL THE TAXING
ENTITIES FOR ROUTINE RESIDENTIAL IMPROVEMENT PROJECTS. I DON'T THINK WE
NEED TO BURDEN EVERYONE WITH MORE TAX REPORTING.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
64
NYS ASSEMBLY MAY 26, 2021
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 346. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS BILL, BUT THOSE WHO
WOULD LIKE TO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S
OFFICE SO WE CAN RECORD YOUR VOTE PROPERLY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. OUR MAJORITY CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF
LEGISLATION. MEMBERS DESIRING TO BE AN EXCEPTION SHOULD FEEL FREE TO
CONTACT THE OFFICE AND WE'LL BE HAPPY TO PROPERLY RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES. THANK YOU, BOTH.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 21, CALENDAR NO. 253, THE CLERK WILL READ.
65
NYS ASSEMBLY MAY 26, 2021
THE CLERK: ASSEMBLY NO. A04186-B, CALENDAR
NO. 253, DINOWITZ, SIMON, THIELE, GALEF, JACOBSON, OTIS, BARNWELL.
AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO PROVIDING AN ONLINE
ABSENTEE BALLOT TRACKING SYSTEM.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
BEEN REQUESTED, MR. DINOWITZ.
MR. DINOWITZ: THIS BILL WOULD CREATE AN ONLINE
SYSTEM TO ALLOW A VOTER TO TRACK THE PROCESSING OF AN ABSENTEE BALLOT
APPLICATION AND THE ISSUANCE AND DELIVERY OF AN ABSENTEE BALLOT.
ACTING SPEAKER AUBRY: MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD JUST FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: YES, I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. NORRIS: THANK YOU, MR. DINOWITZ. MY
QUESTION IS, IS THERE FUNDING IN THE STATE BUDGET FOR THIS SYSTEM?
MR. DINOWITZ: I -- LET'S SEE, FEDERAL AND STATE
FUNDING HAS ALREADY BEEN APPROPRIATED FOR UPDATED TECHNOLOGY AND
CYBER SECURITY. SO FOLDING THIS SYSTEM INTO THE EXISTING TECHNOLOGICAL
UPGRADE SHOULD NOT HAVE ANY ADDITIONAL COSTS.
MR. NORRIS: OKAY. AND THE EFFECTIVE DATE IS
JANUARY 1ST, 2022. HAVE YOU CHECKED WITH THE STATE BOARD OF
ELECTIONS TO SEE IF THAT'S A REALISTIC DATE TO IMPLEMENT THE SYSTEM?
66
NYS ASSEMBLY MAY 26, 2021
MR. DINOWITZ: I HAVE NOT PERSONALLY SPOKEN WITH
THE STATE BOARD, BUT I -- I KNOW HOW EFFICIENT THE STATE BOARD IS, WHICH
IS WHY GIVING THEM SEVEN MONTHS SHOULD BE FINE. I MEAN, THEY JUST
PASSED OR APPROVED THE SOFTWARE FOR THE RANK CHOICE VOTING COUNTING
SYSTEM THAT -- THAT'S NEEDED FOR THE JUNE PRIMARY, SO I'M REASONABLY
CONFIDENT -- IN FACT, I'M VERY CONFIDENT THAT THEY'LL BE ABLE TO DO THIS BY
THE DEADLINE IMPOSED HERE.
MR. NORRIS: THANK YOU, MR. DINOWITZ.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
NORRIS.
MR. NORRIS: I WANT TO THANK THE SPONSOR FOR
BRINGING FORTH THIS LEGISLATION. AS WE'VE SEEN OVER THE PAST YEAR WE'VE
HAD A LOT OF ABSENTEE BALLOT APPLICATIONS COME TO THE BOARD, AND VOTERS
ARE VERY CONCERNED ABOUT THE STATUS OF RECEIVING THEIR BALLOT. THIS
SYSTEM WOULD PROVIDE TRANSPARENCY AND OPENNESS TO THAT VOTER SO THEY
COULD SEE WHETHER OR NOT THEIR APPLICATION WAS RECEIVED, IF IT -- THE
APPLICATION WAS APPROVED OR REJECTED, AND ALSO IF THE -- WHERE THE
STATUS OF THE BALLOT IS GOING BACK ALONG WITH OTHER STEPS THROUGHOUT THE
PROCESS. I AM A LITTLE CONCERNED ABOUT THE COST TO THIS AND THAT THE
FUNDING WILL ACTUALLY BE WITHIN THE STATE BUDGET, AS WELL AS THE
ADDITIONAL WORKLOAD ON THE BOARD OF ELECTIONS EMPLOYEES. AS YOU
KNOW, I WAS A FORMER ELECTIONS COMMISSIONER AND WE KEEP PUTTING
MORE AND MORE MANDATES ON OUR ELECTION WORKERS. HOWEVER, WITH THAT
BEING SAID, I THINK THIS IS A GOOD BILL IN TERMS OF TRANSPARENCY, IN TERMS
67
NYS ASSEMBLY MAY 26, 2021
OF OPENNESS AND IN TERMS OF ACCOUNTABILITY SO THE VOTER KNOWS THE
STATUS OF THEIR ABSENTEE BALLOT APPLICATION. AND UNLIKE THE NEXT BILL, I
BELIEVE THAT THIS IS A GOOD BILL AND I ENCOURAGE ALL MY COLLEAGUES TO
PLEASE SUPPORT IT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
NORRIS.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 4186-B. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MS. BYRNES IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MR. GOODELL: ALSO MR. DIPIETRO. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
68
NYS ASSEMBLY MAY 26, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 22, CALENDAR NO. 271, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06970-A, CALENDAR
NO. 271, WALKER, JACOBSON, OTIS, BICHOTTE HERMELYN, PERRY, STIRPE.
AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO ESTABLISHING AN
ELECTRONIC ABSENTEE BALLOT APPLICATION TRANSMITTAL SYSTEM.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER. THIS BILL
WOULD CREATE THE STATEWIDE ELECTRONIC ABSENTEE BALLOT APPLICATION
TRANSMITTAL SYSTEM AND WOULD ALLOW VOTERS TO REQUEST AN ABSENTEE
BALLOT VIA SUCH SYSTEM. IT ALSO ALIGNS THE EFFECTIVE DATE WITH THE
EFFECTIVE DATE OF THE STATEWIDE ONLINE ABSENTEE BALLOT TRACKING SYSTEM.
ACTING SPEAKER AUBRY: MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. I'D LIKE TO
GO ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. NORRIS: THANK YOU, MR. SPEAKER. A FEW
WEEKS BACK WE HAD SEVERAL ELECTION LAW BILLS THAT CAME BEFORE THIS
HOUSE REGARDING ABSENTEE BALLOTS AND THE LACK OF SIGNATURE
REQUIREMENTS FOR THOSE ABSENTEE BALLOT APPLICATIONS. I'M NOT GOING TO
REITERATE ALL THOSE POINTS THAT WE JUST TALKED ABOUT TWO WEEKS AGO OR SO
TO SAVE TIME. BUT I DO HAVE CONCERN ABOUT THIS SYSTEM. WHAT IT WILL BE
IS A STATEWIDE APPLICATION FOR ABSENTEES THAT YOU'LL BE ABLE TO APPLY FOR
69
NYS ASSEMBLY MAY 26, 2021
AT -- THROUGH THE STATE BOARD OF ELECTIONS WEBSITE OR THROUGH YOUR
COUNTY BOARD OF ELECTIONS. THE PROBLEM WITH IT IS IT DOES REQUIRE A
SIGNATURE, UNLIKE THE PREVIOUS BILLS THAT WE TALKED ABOUT. BUT THE
SIGNATURE CAN EITHER BE ELECTRONIC OR IT CAN BE MANUAL. AND THAT'S
WHERE I HAVE A CONCERN, WITH THE ELECTRONIC SIGNATURE. AND IF THOSE
APPLICATIONS COME IN AND THERE IS THE -- THERE'S THREE STEPS THAT THE
BOARD OF ELECTIONS HAS TO FOLLOW. THE FIRST STEP IS, IF THERE IS NO
SIGNATURE ON THE APPLICATION THEN THE BOARD OF ELECTIONS MUST SEEK OUT
TO OTHER AGENCIES LIKE THE DEPARTMENT OF MOTOR VEHICLES, THE SIGNATURE
THAT THEY HAVE ON RECORD BY CONSENT OF THE VOTER. IF THEY CAN'T DO THAT,
THEN THE BOARD OF ELECTIONS HAS TO REQUEST THE VOTER TO ACTUALLY GET THE
SIGNATURE FROM THAT. NOW, THE THIRD STEP IS, IN THE EVENT THAT YOU
CANNOT OBTAIN A SIGNATURE THROUGH THOSE TWO AVENUES, THEY WOULD -- THE
BOARD OF ELECTIONS THEN IS REQUIRED TO SEND THE BALLOT ALONG WITH THE
APPLICATION TO THE ADDRESS WHERE IT'S BEEN REQUESTED. THAT IS VERY
TROUBLING TO ME BECAUSE THERE IS NO VERIFICATION AT THAT POINT THAT THE
BALLOT IS BEING RELEASED OUT TO THE VOTER TO WHEREVER IT'S GOING WITH A
VERIFICATION OF THE SIGNATURE. AND THAT IS MY BIGGEST CONCERN HERE, IS A
LACK OF VERIFICATION WHEN THAT BALLOT GOES OUT AND THAT THIRD PARTICULAR
STEP. AS YOU KNOW, I JUST DISCUSSED ON THE LAST BILL AS WELL, MY
CONCERNS ABOUT THIS BEING ANOTHER MANDATE ON THE BOARD WITHOUT THE
LACK OF STATE AND FEDERAL FUNDING WHERE IT'S SPECIFICALLY IN THERE AND
THE IMPLEMENT -- IMPLEMENTATION DATE OF JANUARY 1ST, 2022. NOW, I
HAVE SUPPORTED IN THE PAST, FOR EXAMPLE, THE VOTER REGISTRATION ONLINE
SYSTEM. IN 2017 AND '18 I ACTUALLY VOTED FOR THAT WHEN THEY WERE
70
NYS ASSEMBLY MAY 26, 2021
STANDALONE BILLS. THE DIFFERENCE WAS THERE -- THERE WAS AMPLE TIME TO
MAKE SURE THAT A SIGNATURE IS VERIFIED BEFORE THE VOTE TAKES PLACE. AND
THAT'S THE DIFFERENCE WHY I'M LOOKING AT THIS BILL. I BELIEVE IT ACTUALLY
JUST GOES A STEP TOO FAR WITH THESE LOOSE SIGNATURE REQUIREMENTS. IN
THEORY, IT'S A TREMENDOUS IDEA. WE'RE MOVING INTO TECHNOLOGICAL
ADVANCES AND USING OUR COMPUTER SYSTEMS FOR THAT. BUT WITH THESE
LOOSE SIGNATURE REQUIREMENTS, THAT IS MY CONCERN. AND BECAUSE OF
THOSE CONCERNS I WOULD ENCOURAGE ALL MY COLLEAGUES TO PLEASE VOTE
AGAINST THIS BILL UNTIL WE GET THIS ISSUE SORTED OUT.
WITH THAT, MR. SPEAKER, I HAVE NOTHING FURTHER AND I
APPRECIATE THE OPPORTUNITY TO ADDRESS ALL MY COLLEAGUES TODAY. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2022.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 6970-A. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS -- AS AN
EXCEPTION TO THEIR CONFERENCE POSITION IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER IN -- AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE
WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE'LL
71
NYS ASSEMBLY MAY 26, 2021
MAKE SURE WE RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE IN -- MOSTLY IN FAVOR OF THIS
ONE. THOSE WHO WILL CHOOSE TO BE AN EXCEPTION SHOULD FEEL OKAY TO
GIVE THE OFFICE A CALL AND WE'LL BE HAPPY TO RECORD YOUR VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MR. JACOBSON TO EXPLAIN HIS VOTE.
MR. JACOBSON: THANK YOU, MR. SPEAKER. I WISH
TO APPLAUD THE SPONSOR FOR PUTTING IN THIS BILL. ALL THE FEARS ABOUT
PEOPLE VOTING EXTRA, WE'RE NOT GOING TO FIND OUT, ARE REALLY, REALLY JUST A
RED HERRING. BECAUSE AS I'M SURE THAT EVERYBODY IN THIS CHAMBER
KNOWS THAT WHEN AN ABSENTEE BALLOT IS SENT BACK IN THE SMALLER
ENVELOPE ON THE -- IN THE INSIDE, THE VOTER HAS TO SIGN IT. AND THEN THE
BOARD OF ELECTIONS WILL CHECK THAT SIGNATURE AND MAKE SURE THAT THE
PERSON WHO SUBMITTED THE BALLOT IS THE ONE THAT APPLIED. SO, I'D JUST
LIKE TO SAY THAT I THINK THAT NOW THAT -- THAT WE ALL KNOW THAT, THAT THOSE
WHO ARE FEARFUL OF THIS BILL CAN NOW SLEEP EASY AND REALIZE THERE WILL
NOT BE MASSIVE FRAUD AND THAT THERE ARE SAFEGUARDS TO MAKE SURE THAT
THE PERSON VOTING IS THE RIGHT ONE. VOTING SHOULD BE SIMPLE AND EASY.
WE'RE MAKING IT EASIER, WE'RE MAKING IT SIMPLER. AND I APPLAUD THIS
72
NYS ASSEMBLY MAY 26, 2021
BILL AND URGE EVERYONE TO VOTE FOR IT.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU. MR.
JACOBSON IN THE AFFIRMATIVE.
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. I WISH TO COMMEND THE SPONSOR FOR
THIS BILL. WE SHOULD BE DOING EVERYTHING POSSIBLE TO FACILITATE THE
PROCESS OF VOTING, AND THIS BOTH FACILITATES THE PROCESS WHILE ENSURING
ITS SECURITY. SO I THANK THE SPONSOR FOR HER EFFORTS IN MOVING THIS
FORWARD AND THANK THE SPEAKER FOR PLACING IT ON THE FLOOR FOR
CONSIDERATION.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
(PAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: CERTAINLY. WE DO
HAVE A PIECE OF HOUSEKEEPING.
73
NYS ASSEMBLY MAY 26, 2021
ON BEHALF OF MS. JOYNER, BILL NO. A.3350, ASSEMBLY
BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE LABOR LAW.
ACTING SPEAKER AUBRY: MOTION TO RECONSIDER
THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE
VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
WE HAVE A RESOLUTION WE'LL TAKE UP WITH ONE VOTE.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NO. 343 WAS
UNANIMOUSLY APPROVED.)
SPEAKER HEASTIE: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, BEFORE WE
TAKE UP OUR ANNUAL RESOLUTION MEMORIALIZING DECEASED COLLEAGUES, I
WOULD LIKE TO INFORM MEMBERS THAT WE WILL ADJOURN IMMEDIATELY AFTER,
AND WE WILL ADJOURN UNTIL THURSDAY, MAY THE 27TH, TOMORROW BEING A
LEGISLATIVE DAY, AND THAT THE ASSEMBLY WILL RECONVENE ON -- AT 2:00
P.M. ON MONDAY, JUNE 1ST -- NO, TUESDAY, JUNE 1ST AT 2:00.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: THANK YOU, MRS.
74
NYS ASSEMBLY MAY 26, 2021
PEOPLES-STOKES.
THE CLERK WILL READ THE TITLE OF THE RESOLUTION.
THE CLERK: ASSEMBLY RESOLUTION NO. 339, MR.
HEASTIE.
LEGISLATIVE RESOLUTION HONORING THE MEMORY -- THE
MEMORY OF THE DECEASED MEMBERS OF THE NEW YORK STATE ASSEMBLY IN
RECOGNITION OF THEIR CAREERS IN PUBLIC SERVICE.
SPEAKER HEASTIE: SO, GOOD AFTERNOON,
EVERYONE. IN JUST A MOMENT WE'LL PASS A RESOLUTION MEMORIALIZING
MEMBERS OF THE ASSEMBLY, OUR FRIENDS AND COLLEAGUES WHO HAVE
RECENTLY PASSED AWAY. TODAY WE RECOGNIZE THEIR CAREERS IN PUBLIC
SERVICE AND THE COUNTLESS WAYS THEY SERVED THEIR COMMUNITIES AND OUR
STATE.
TODAY WE HONOR AND REMEMBER JOHN BEHAN,
ASSEMBLY DISTRICT 1, 1979 TO '82, ASSEMBLY DISTRICT 2, 1983 TO 1995
AND PASSED AWAY ON JANUARY 28TH OF 2021.
JOHN TABNER, ASSEMBLY DISTRICT 3, 1953 TO 1954,
PASSED AWAY FEBRUARY 23RD, 2021.
LAWRENCE E. CORBETT, ASSEMBLY DISTRICT 5, 1963 TO
1972, PASSED AWAY OCTOBER 20TH, 2020.
ANTONIO P. RETTALIATA, ASSEMBLY DISTRICT 8, 1979 TO
1982, ASSEMBLY DISTRICT 10, 1983 TO 1987, PASSED AWAY APRIL 8TH,
2020.
BENTLEY KASSAL, ASSEMBLY DISTRICT 5, 1957 TO '62,
PASSED AWAY DECEMBER 16TH, 2019.
75
NYS ASSEMBLY MAY 26, 2021
JOHN C. COCHRAN, ASSEMBLY DISTRICT 6, 1973 TO 1982,
ASSEMBLY DISTRICT 8, 1983 TO 1994, PASSED AWAY NOVEMBER 4TH, 2019.
NETTIE MAYERSOHN, ASSEMBLY DISTRICT 27, 1983 TO
2020, PASSED AWAY AUGUST 13TH, 2020.
CLIFFORD E. WILSON, ASSEMBLY DISTRICT 37, 1977 TO
1984, PASSED AWAY DECEMBER 14TH, 2018.
FLORENCE M. SULLIVAN, ASSEMBLY DISTRICT 50, 1979 TO
'82, PASSED AWAY JUNE 21ST, 2020.
JOSEPH FERRIS, ASSEMBLY DISTRICT 51, 1975 TO '84,
PASSED AWAY JUNE 20, 2020.
RICHARD BRODSKY, ASSEMBLY DISTRICT 86, 1983 TO
2002, ASSEMBLY DISTRICT 92, 2003, PASSED AWAY APRIL 8TH, 2020.
WILLIAM J. LARKIN, JR., ASSEMBLY DISTRICT 97, 1982 --
1979 TO '82, ASSEMBLY DISTRICT 95, 1983 TO 1990, PASSED AWAY AUGUST
31ST, 2019.
BENJAMIN ROOSA, ASSEMBLY DISTRICT 100, 1973 TO '75,
PASSED ON AUGUST 28TH, 2019.
FREDERICK G. FIELD, JR., ASSEMBLY DISTRICT 103, 1969
TO '77, PASSED AWAY MARCH 12TH, 2021.
BILL MAGEE, ASSEMBLY DISTRICT 111 FROM 1991 TO
2012, ASSEMBLY DISTRICT 121 FROM 2013 TO 2018, PASSED AWAY
DECEMBER 24TH, 2020.
DAVID F. GANTT, ASSEMBLY DISTRICT 133, 1983-2012,
ASSEMBLY DISTRICT 137, 2013 TO '19, PASSED AWAY JULY 1ST, 2020.
JOSEPH ERRIGO, ASSEMBLY DISTRICT 2001-02, ASSEMBLY
76
NYS ASSEMBLY MAY 26, 2021
DISTRICT 133, 2016-'18, PASSED AWAY APRIL 27, 2020.
JOHN HASPER, ASSEMBLY DISTRICT 136, 1987 TO '92, DIED
JANUARY 4TH, 2020.
AURELIA GREENE, ASSEMBLY DISTRICT 76, 1982 TO '92,
ASSEMBLY DISTRICT 77, 1993 TO 2009, PASSED AWAY MAY 8, 2021.
I JUST WANT TO GIVE A FEW REMARKS ON A FEW OF THESE
MEMBERS THAT I HAD THE PLEASURE TO SERVE WITH, JUST SOME ANECDOTAL
STORIES AND FUNNY STORIES. AND I THINK BACK ON NETTIE MAYERSOHN AND
EVERYBODY IN THE CONFERENCE KNOW I FEEL ABOUT SIGN-ON LETTERS. BUT
NETTIE MAYERSOHN WOULD COME AROUND WITH HER OWN SIGN-ON LETTER.
SHE WOULDN'T E-MAIL IT AROUND, SHE'D CARRY AROUND HER PAD AND HER
LETTER AND SHE WOULD PHYSICALLY GO AROUND THE CHAMBER, SHE'D FIND YOU
IN THE LOUNGE, SHE'D FIND YOU ANYWHERE SHE COULD TO GET YOU TO SIGN ON
TO HER LETTER. SO, MAY NETTIE REST IN PEACE.
AND RICHARD BRODSKY, WHO WHEN I FIRST GOT HERE, I SAT
TWO SEATS AWAY FROM HIM. AND ONE OF THE FUNNY THINGS ABOUT RICHARD
IS HE ALWAYS THOUGHT AND BELIEVED AND IT PROBABLY WAS TRUE, HE ALWAYS
THOUGHT HE WAS THE SMARTEST PERSON IN THE ROOM. BUT I REMEMBER A
FUNNY STORY THAT WAS TOLD - THIS IS BETWEEN ANGELO DEL TORO AND
RICHARD BRODSKY - AND RICHARD WAS BRAGGING ABOUT HIS IVY LEAGUE
EDUCATION AND RICHARD -- AND THEN ANGELO DEL TORO TURNED TO HIM AND
SAID, WELL, YOU HAVE AN IVY LEAGUE EDUCATION, AND I WENT TO CUNY BUT
YET WE HAVE THE SAME JOB. SO, WHO'S THE SMARTER PERSON?
(LAUGHTER)
AND THEN TO BILL MAGEE, WHO I DON'T THINK THERE WAS
77
NYS ASSEMBLY MAY 26, 2021
ANYONE WHO KNEW ANY MORE OR CARED ANY MORE ABOUT THE FARMING
INDUSTRY. AND WHEN I FIRST GOT ELECTED SPEAKER HE TOOK ME ON A
WONDERFUL, WONDERFUL TOUR OF FARMING. AND I HAD TAYLOR, MY
DAUGHTER, WITH ME AND THIS WAS THE FIRST TIME SHE SAW A LIVE COW. AND
SHE WAS SO SCARED OF THAT COW THAT IF SHE COULD HAVE CLIMBED INSIDE OF
ME, SHE WOULD DONE THAT. BUT IT WAS A WONDERFUL EXPERIENCE THAT BILL
MAGEE SHARED WITH ME. AND SHE WASN'T TOO SCARED BECAUSE THE VERY
NEXT DAY SHE STILL HAD CEREAL, SO THAT WASN'T -- IT DIDN'T SCARE HER TOO
MUCH. BUT IT WAS A WONDERFUL EXPERIENCE.
AND TO DAVID GANTT. WELL, WHEN I FIRST GOT HERE, I
REMEMBER DAVID SAID TO ME -- AND YOU KNOW, EVERYBODY KNOWS THAT
DAVID HAD THIS GRUFF EXTERIOR, BUT I ALWAYS DID THINK THAT DAVID WAS
REALLY JUST A BIG TEDDY BEAR. AND HE REALLY HAD A VERY SOFT AND GENTLE
SIDE AND HE -- HE WAS VERY -- HE REALLY CARED ABOUT PEOPLE. AND I
REMEMBER WHEN I FIRST GOT HERE, ONE OF THE THINGS THAT DAVID SAID TO
ME, HE SAID IS, NEVER BE AFRAID TO STAND UP FOR WHAT YOU BELIEVE IN AND
WHAT YOU FEEL THAT YOUR CONSTITUENTS HAVE ELECTED YOU TO COME UP HERE
TO DO. AND THAT'S SOMETHING THAT I NEVER FORGOT.
AND TO AURELIA GREENE, WHO WE HAVE NAMED THE
QUEEN OF BRONX, WHO WE JUST LOST A COUPLE OF WEEKS AGO, AND I SAID
THIS AT HER FUNERAL, WHEN I FIRST GOT HERE TO THE ASSEMBLY, I DIDN'T KNOW
ANYTHING ABOUT RULES THAT FRESHMEN WEREN'T SUPPOSED TO SIT AT THE -- AT
THE TABLE IN THE CONFERENCE ROOM. BUT WHEN I GOT HERE, AURELIA -- I
SAT NEXT TO AURELIA AT THE -- THE TABLE BECAUSE SHE WAS JUST SUCH A --
SUCH A DISTINGUISHED PRESENCE. SHE WAS VERY MOTHERLY. I COULD ALWAYS
78
NYS ASSEMBLY MAY 26, 2021
GO TO HER FOR ADVICE, AND SHE WILL BE MISSED BY US IN THE -- IN THE
BRONX BECAUSE LIKE I SAID, SHE WAS DEEMED THE QUEEN OF THE BRONX.
AND OFTEN -- YOU KNOW, I'M GOING TO MISS HER SAYING -- SHE WOULD
ALWAYS SAY TO EVERYONE, HELLO, HONEY, HELLO, SWEETHEART. AND THERE
WASN'T EVER A TIME THAT YOU DIDN'T SEE THE MOST BEAUTIFUL SMILE ON
AURELIA'S FACE. AND SHE WAS A HISTORY MAKER, SHE WAS THE FIRST
AFRICAN-AMERICAN WOMAN TO CHAIR THE BANKING COMMITTEE, AND WAS
THE FIRST AFRICAN-AMERICAN WOMAN TO BE THE SPEAKER PRO TEM. AND SO
WHAT A SPECIAL LADY THAT WE ARE GOING TO MISS. AND TO ALL OF OUR
COLLEAGUES THAT HAD THE PRIVILEGE -- BECAUSE I THINK NO MATTER WHAT SIDE
OF THE AISLE THAT WE COME FROM, I DO THINK, EVEN THOUGH WE MAY
DISAGREE, I DO BELIEVE WE'RE ALL HERE FOR THE RIGHT REASON, WHICH IS TO
REPRESENT OUR CONSTITUENTS.
MAY ALL OF OUR COLLEAGUES REST IN PEACE.
MR. GOODELL ON THE RESOLUTION.
MR. GOODELL: THANK YOU, MR. SPEAKER, AND
THANK YOU FOR YOUR COMMENTS. I JUST WANTED TO MENTION MY
RECOLLECTIONS ON A COUPLE OF PEOPLE. FIRST IS JOE ERRIGO. AND JOE
ERRIGO WAS AN INTERESTING PERSON. HE SERVED IN THE UNITED STATES
MARINE CORPS. WHEN HE CAME OUT HE WAS A COURT STENOGRAPHER, WENT
ON TO FORM HIS OWN COMPANY, WHICH WAS IN THE SAND AND GRAVEL
BUSINESS, AND EVENTUALLY BECAME AN ASSEMBLYMAN WHERE HE SERVED FOR
TEN YEARS. AND WHAT'S PARTICULARLY UNIQUE ABOUT JOE IS THAT AFTER HE
RETIRED, TWO YEARS LATER HE RAN AGAIN AND WAS REELECTED AND SERVED FOR
ANOTHER TWO YEARS. AND AS YOU KNOW, THAT'S VERY UNUSUAL IN OUR
79
NYS ASSEMBLY MAY 26, 2021
HOUSE. MOST OF JOE'S SERVICE TO OUR GREAT STATE WAS BEFORE MY TIME,
AND I HAVE JUST A LITTLE PERSONAL CONNECTION BECAUSE WHEN I WAS FIRST
ELECTED AS A FRESHMAN MINORITY REPUBLICAN, I EXPECTED A SMALL OFFICE.
AND I WAS WRONG. WHEN I FIRST ARRIVED I DIDN'T HAVE ANY OFFICE.
SPEAKER HEASTIE: YOU HAD A SMALL ONE?
MR. GOODELL: AND SO FOR TWO OR THREE MONTHS I
SHARED AN OFFICE WITH JOE ERRIGO'S SUCCESSOR, SEAN HANNA, WHO THEN
LEFT THE ASSEMBLY ON HIS OWN AND RAN FOR SENATE.
THE OTHER PERSON I WOULD MENTION IS BILL MAGEE. BILL
WAS A REAL QUIET, I WOULD SAY REAL QUIET GENTLEMAN. AND HE WASN'T ONE
OF THOSE EFFERVESCENT-TYPE PEOPLE, BUT HE WAS THE REAL MCCOY. AND
WHEN IT CAME TO AGRICULTURAL ISSUES, BILL, WHO HAD BEEN AN AUCTIONEER
FOR FARMS THROUGHOUT HIS DISTRICT, REALLY KNEW WHAT HE WAS TALKING
ABOUT. AND SOMETIMES WE'RE HERE ON THE FLOOR OF THE ASSEMBLY AND WE
SEE EACH OTHER DEBATING AND WE FORGET THERE'S ALSO A PERSONAL SIDE. I
WAS STAYING AT THE SAME HOTEL AS BILL FOR A COUPLE OF YEARS, AND EVERY
MORNING I WOULD HAVE BREAKFAST WITH BILL. I'D ASK HIM IF IT WAS OKAY IF
I JOINED HIM AND HE WOULD NOD -- I'M NOT SURE HE SAID ANYTHING, BUT HE
WOULD NOD. AND ONE DAY WE HAD A REALLY BAD SNOWSTORM HERE IN
ALBANY. SO BAD THEY SHUT DOWN THE ASSEMBLY. AND I DROVE IN
ANYWAY BECAUSE BAD SNOWSTORMS IN ALBANY ARE LIKE A WARMUP ACT IN
CHAUTAUQUA COUNTY. BUT WHAT -- WHAT REALLY IMPRESSED ME IS THAT BILL
MAGEE, ABOUT AN HOUR LATER, CALLED ME TO MAKE SURE I MADE IT SAFELY
AND TO REPORT THAT HE MADE IT SAFELY AS WELL. SO, WE HAVE A LOT OF FINE
MEMBERS. WE SEE JUST A LITTLE SLIVER OF THEIR LIVES HERE, BUT WHAT A RICH
80
NYS ASSEMBLY MAY 26, 2021
TAPESTRY THESE MEMBERS BRING TO THE ASSEMBLY.
SO THANK YOU FOR ALLOWING ME TO REFLECT ON THOSE
MEMBERS.
SPEAKER HEASTIE: MR. SCHMITT ON THE
RESOLUTION.
MR. SCHMITT: THANK YOU, MR. SPEAKER. I WANT TO
REFLECT ON THE LIFE AND LEGACY OF BILL LARKIN. HE SERVED AS AN
ASSEMBLYMAN, HE REPRESENTED THE DISTRICT I CURRENTLY REPRESENT MANY,
MANY YEARS AGO. HE WENT ON TO SERVE IN THE NEW YORK STATE SENATE
AND HAD LIVED A LIFE OF SERVICE TO OTHERS, SERVICE TO OUR STATE AND
SERVICE TO OUR COUNTRY. SENATOR LARKIN OR COLONEL LARKIN, AS MANY OF
US KNEW HIM, STARTED OUT AFTER MANY DECADES IN THE UNITED STATES
MILITARY, IN THE U.S. ARMY. HE STARTED OUT IN LOCAL GOVERNMENT AS
SUPERVISOR IN THE TOWN OF NEW WINDSOR, MY HOMETOWN. HE THEN GOT
ELECTED TO THE ASSEMBLY AND MADE IT TO THE SENATE. HIS LEGACY WILL LAST
A LIFETIME. HE TOUCHED EVERYBODY. IT DIDN'T MATTER WHICH PARTY, WHAT
YOUR IDEALOGY WAS, HE HAD TIME FOR YOU. HE IS WELL-REMEMBERED FOR
REMEMBERING NOT ONLY EVERYBODY'S NAME, BUT THEIR PHONE NUMBER. IT'S
HARD ENOUGH FOR US TO REMEMBER OUR OWN OFFICE PHONE NUMBERS NOW,
BUT HE WOULD REMEMBER A PERSON HE MET ONCE THEIR PHONE NUMBER TO
BE ABLE TO FOLLOW UP WITH THEM DAYS, WEEKS OR MONTHS LATER. THAT IS
THE TYPE OF DIRECT SERVICE THAT HE BROUGHT AND THE LEGACY HE LEFT IN THE
STATE LEGISLATURE IN BOTH THE ASSEMBLY AND THE SENATE. I THINK BACK TO
A FEW YEARS AGO BEFORE I WAS ELECTED TO THE ASSEMBLY AND I WAS OUT AT
A VETERANS EVENT WITH HIM AND THERE WAS A SCHEDULING CHANGE AND HE
81
NYS ASSEMBLY MAY 26, 2021
NEEDED TO GET TO THE OTHER SIDE OF THE COUNTY. HE ASKED MY WIFE AND I
TO GIVE HIM A RIDE OVER THERE TO -- TO SAVE HIS STAFF SOME TIME. AND WE
WERE ABLE TO TAKE ABOUT A 35-MINUTE DRIVE WITH SENATOR LARKIN
THROUGHOUT THE HEART OF ORANGE COUNTY. AND IT SEEMED THAT EVERY
INTERSECTION, AS WE WENT INTO EVERY TOWN HE HAD A STORY ABOUT HIS
INVOLVEMENT WITH THE TOWN AND THE HISTORY OF THE TOWN AND THE IMPACT
THAT HIS LIFETIME OF SERVICE PLAYED OUT AND HOW IT CHANGED THE COURSE OF
HISTORY FOR THE HUDSON VALLEY, FOR THE STATE AND FOR THE NATION.
SO, SENATOR LARKIN, WE MISS YOU, WE THANK YOU FOR
YOUR SERVICE AND YOUR LEGACY WILL BE REMEMBERED IN THIS CHAMBER AND
ACROSS THE STATE FOR THE REST OF ETERNITY. THANK YOU.
SPEAKER HEASTIE: MR. BROWN ON THE RESOLUTION.
MR. BROWN: THANK YOU, SPEAKER HEASTIE. I -- I
WOULD LIKE TO THANK THE SPONSORS FOR THIS RESOLUTION MOURNING THE DEATH
OF FORMER MEMBERS WHO HAVE SERVED THE PEOPLE OF THIS GREAT STATE IN
THE NEW YORK STATE ASSEMBLY AND ACKNOWLEDGE THEIR ACHIEVEMENTS. I
WOULD LIKE TO TAKE A MOMENT AND TALK ABOUT MY DEAR FRIEND AND
MENTOR, ANTONIA P. RETTALIATA-TEPE. TONI RETTALIATA-TEPE LOST HER
BATTLE WITH CANCER ON APRIL 8TH OF 2020, LESS THAN THREE SHORT WEEKS
AFTER THE SUDDEN AND UNTIMELY LOSS OF HER HUSBAND PHIL TEPE, A NOTABLE
MEMBER OF THE HUNTINGTON COMMUNITY IN HIS OWN RIGHT. BORN ANTONIA
PATRICIA BIFULCO IN MANHATTAN ON OCTOBER 20TH, OF 1944, TONI, AS
EVERYONE CALLED HER, WAS RAISED IN HUNTINGTON AND GRADUATED FROM
HUNTINGTON HIGH SCHOOL. SHE WENT ON TO ATTEND KATHERINE GIBBS
SCHOOL IN MELVILLE AND WORKED AS AN ADMINISTRATIVE ASSISTANT IN THE
82
NYS ASSEMBLY MAY 26, 2021
SUFFOLK COUNTY COURTS. TONI RETTALIATA-TEPE WAS A TRAILBLAZING PUBLIC
SERVANT. FIRST ELECTED UNDER HER MARRIED NAME, RETTALIATA, TO REPRESENT
THE 8TH ASSEMBLY DISTRICT FROM 1979 TO 1982, AND THE 10TH ASSEMBLY
DISTRICT FROM 1983 TO 1987. AND SHE WAS ONLY THE THIRD WOMAN TO
HOLD THAT SEAT IN THE TRADITION OF HUNTINGTON SUFFRAGETTE IDA BUNCE
SAMMIS, WHO WAS THE FIRST WOMAN ELECTED TO SERVE IN THE NEW YORK
STATE LEGISLATURE. IN 1987 SHE WAS ELECTED AS THE FIRST WOMAN TO HOLD
THE OFFICE OF SUPERVISOR OF THE TOWN OF HUNTINGTON WHEN THE TERM OF
OFFICE WAS ONLY TWO YEARS. TONI'S NOTEWORTHY ACCOMPLISHMENTS
INCLUDE ESTABLISHING THE TOWN OF HUNTINGTON VETERANS ADVISORY
BOARD AND THE HUNTINGTON AREA RAPID TRANSIT, OR HART, BUS SYSTEM.
TONI'S ELECTION FIRST TO THE STATE ASSEMBLY IN 1979 AND THEN TO THE
SUPERVISOR'S OFFICE AT THE AGE OF 43 IN 1987 BROKE A GLASS CEILING
DECADES AGO FOR ALL WOMAN TO -- WOMEN TO ASPIRE TO ACHIEVE GREAT
THINGS IN PUBLIC SERVICE. TONI REMARRIED IN 2000 TO PHIL TEPE, AND
TONI CONTINUED TO REMAIN DEDICATED TO PUBLIC SERVICE AFTER COMPLETING
HER CAREER AS AN ELECTED OFFICIAL, SERVING AS THE ELECTED CHAIRMAN OF THE
HUNTINGTON REPUBLICAN COMMITTEE FROM 2006 UNTIL HER UNTIMELY
PASSING IN APRIL. TONI WAS SOMEONE VERY NEAR AND DEAR TO MY HEART, AS
SHE HAD AN INTEGRAL PART OF MY LIFE FOR MORE THAN TWO DECADES. SADLY,
BECAUSE OF COVID, I WASN'T ABLE TO VISIT HER IN THE HOSPITAL BEFORE SHE
PASSED, BUT WE TEXTED ONE ANOTHER QUITE OFTEN. TONI WAS BOTH A LION
AND A LAMB. SHE WAS TOUGH AS NAILS WHEN SHE NEEDED TO BE, BUT SHE
WAS ALSO A LOVING, CARING, COMPASSIONATE HUMAN BEING. SHE IS SORELY
MISSED BUT CERTAINLY NOT FORGOTTEN.
83
NYS ASSEMBLY MAY 26, 2021
AND THANK YOU FOR ALLOWING ME TO SPEAK AND HONOR
THIS GREAT LADY. THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MS. WALSH ON THE RESOLUTION.
MS. WALSH: THANK YOU, MR. SPEAKER. I'D LIKE TO
TALK ABOUT TWO MEMBERS THAT I KNEW THROUGH MY FAMILY FOR -- FOR
MANY, MANY YEARS. JACK TABNER WAS A NEIGHBOR OF MINE. HE WAS
MORE MY PARENTS AGE, BUT I WENT TO SCHOOL WITH HIS KIDS. HE SERVED
ONLY ONE TERM IN THE ASSEMBLY, AND HE WAS IN HIS LATE 20S WHEN HE DID.
AND HE WENT ON TO LIVE A VERY LONG LIFE, PASSING AT 94. AND WHEN HE
LEFT THE ASSEMBLY -- WELL, I'M GOING TALK ABOUT FOR A MINUTE -- I WAS
TALKING THIS MORNING WITH ONE OF HIS PARTNERS. HE WENT ON TO FOUND
FIRM TABNER, RYAN AND KENIRY, AND I WAS TALKING TO BILL KENIRY, ONE OF
THE PARTNERS, TODAY. AND I SAID, WHAT CAN YOU TELL ME? WHY DID HE
ONLY SERVE ONE TERM? YOU KNOW, WHAT HAPPENED? AND THIS WAS --
WHAT HE TOLD ME WAS THAT JACK RAN AND WON, AND HE WAS A BIG
UNDERDOG, YOU KNOW, BEING IN HIS -- HE WAS IN HIS LATE 20S. HE -- HE
WAS FORECASTED TO LOSE, BUT I GUESS HE -- HE WALK -- HE USED A LOT OF
SHOE LEATHER AND HE -- HE WAS FROM COHOES, WHICH IS SOMETHING THAT --
MCDONALD'S DISTRICT NOW, AND HE WALKED A LOT AND HE, YOU KNOW, BEAT
THE ODDS AND HE WON. AND HE -- HE SERVED THE ONE TERM. AND I GUESS
FROM --FROM WHAT BILL TOLD ME, AFTER HE WON THEY -- THEY DID
REDISTRICTING, SO THEY -- THEY KIND OF GERRYMANDERED THE DISTRICT UP A
LITTLE BIT. SO HE DECIDED TO -- TO LEAVE THE ASSEMBLY AND START THIS LAW
FIRM. HE WENT ON TO PRACTICE FOR MANY DECADES, AND I -- HE DID SOME
ELECTION LAW WORK. HE DID A LOT OF TRIAL WORK. I KNEW HIM MOSTLY AS
84
NYS ASSEMBLY MAY 26, 2021
A TRIAL ATTORNEY AND A VERY, VERY GOOD ONE. HE -- HE HAD A REAL
CHARISMA TO HIM, AND I -- I REALLY LOOKED UP TO HIM AS SOMEBODY WHO --
YOU KNOW, NEITHER OF MY PARENTS WERE SO FORTUNATE AS TO GO TO COLLEGE
AND I DIDN'T REALLY KNOW ANY LAWYERS AND -- AND IT WAS REALLY -- WHEN I
DECIDED TO GO TO LAW SCHOOL I COULD COUNT PROBABLY ON ONE HAND THE
NUMBER OF LAWYERS THAT I KNEW, AND JACK WAS ONE OF THEM.
THE OTHER PERSON -- AND IT'S INTERESTING BECAUSE THE
TWO MEN KNEW EACH OTHER VERY, VERY WELL -- IS -- IS FRED FIELD.
GROWING UP IN COLONIE, FRED WAS JUST -- JUST AN ICON. YOU KNOW, BOTH
-- BOTH OF THE GENTLEMEN WERE VERY INVOLVED IN SO MANY DIFFERENT
THINGS, AS -- YOU KNOW, AS WE OFTEN KNOW, IT'S ALWAYS A HANDFUL OF
PEOPLE IN THE COMMUNITY THAT SEEMS JUST TO DO EVERYTHING. AND SO
FROM ROTARY TO BOY SCOUTS TO SITTING ON DIFFERENT BOARDS TO THE ELKS
CLUB, THE -- THESE MEN WERE -- WERE EVERYWHERE. THEY DID EVERYTHING,
IN ADDITION TO HAVING VERY LONG -- LONG CAREERS. FRED -- FRED WAS AN
ENGINEER BY -- BY, YOU KNOW, EDUCATION. HE WAS AN INDUSTRIAL
ENGINEER, HE GRADUATED FROM RPI AND HE SERVED FIVE TERMS IN THE STATE
ASSEMBLY. BUT THE WAY I KNEW HIM WAS AFTER THE ASSEMBLY HE
BECAME THE TOWN SUPERVISOR FOR THE TOWN OF COLONIE. AND AS A KID
GOING -- GOING THROUGH SCHOOL, I WAS -- I WAS ABLE TO GO IN AND SHADOW
THE ASSESSOR FOR A DAY AND I WAS -- I WAS ON THE COLONIE YOUTH BUREAU,
AND, YOU KNOW, I JUST REMEMBER JUST BEING ABSOLUTELY -- JUST SO
IMPRESSED WITH FRED AND THE WAY HE WAS. HE WAS VERY KENNEDYESQUE,
YOU KNOW, A VERY -- A VERY CHARISMATIC INDIVIDUAL. AND, YOU KNOW, IT'S
SO INTERESTING THAT THEY WORKED TOGETHER BECAUSE JACK TABNER WAS
85
NYS ASSEMBLY MAY 26, 2021
TOWN PLANNING BOARD ATTORNEY AND HE WAS ALSO THE TOWN ATTORNEY IN
COLONIE WHERE FRED WAS SUPERVISOR. AND SO I KNOW THAT THEY WORKED
TOGETHER. THEY BOTH WENT ON TO HAVE SUCH DISTINGUISHED CAREERS. AND
TO ME, JUST IN RECOGNIZING BOTH OF THESE GENTLEMEN, I JUST THINK IT'S -- IT
-- YOU KNOW, FOR SOME PEOPLE GOING AND SERVING IN THE ASSEMBLY IS THE
CULMINATION OF THEIR CAREERS. FOR BOTH OF THESE GENTLEMEN IT WAS REALLY
JUST THE START OF VERY LONG AND VERY PRODUCTIVE CAREERS. AND I SEND --
YOU KNOW, I SEND MY LOVE AND ADMIRATION OUT TO BOTH OF THEIR FAMILIES.
I WENT TO SCHOOL WITH -- WITH THEIR KIDS, BOTH THE -- THE FIELD KIDS AND
ALSO THE TABNER KIDS AND I -- I SEND -- I SEND BLESSINGS TO THEIR FAMILY
UPON THEIR LOSS. THEY HAD VERY LONG LIVES AND -- AND WONDERFUL CAREERS
AND IT'S SOMETHING I THINK WE CAN ALL -- WE CAN ALL ASPIRE TO.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. CARROLL ON THE RESOLUTION.
MR. CARROLL: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO REMEMBER JOE FERRIS, WHO SERVED IN THIS BODY FOR TEN YEARS. HE
WAS NOT MY PREDECESSOR BUT HE WAS MY PREDECESSOR'S PREDECESSOR.
AND I HAD THE HONOR TO -- TO KNOW JOE MY ENTIRE LIFE. JOE WAS A
CONSUMMATE PROFESSIONAL AND SOMEBODY WHO WAS BY MANY CONSIDERED
A -- A GODFATHER TO PROGRESSIVE AND REFORM-MINDED POLITICS IN
BROOKLYN. BUT HE WAS SO MUCH MORE THAN THAT. HE WAS A SCHOOL
TEACHER. HE TAUGHT FOR A NUMBER OF YEARS ALSO ON RIKERS ISLAND. HE
OWNED A BAR. HE WAS IN THE U.S. MILITARY. HE WAS THE FATHER OF TWO
SONS. JOE UNFORTUNATELY PASSED AWAY LAST JULY DUE TO COMPLICATIONS OF
COVID. AND I KNOW SO MANY PEOPLE IN BROOKLYN IN BOTH THE POLITICAL
86
NYS ASSEMBLY MAY 26, 2021
WORLD AND OUTSIDE OF IT WOULD NOT BE WHERE THEY ARE TODAY WITHOUT JOE.
AND SO I'M GLAD TO BE ABLE TO REMEMBER HIM HERE. I KNOW HOW MUCH
HE CARED ABOUT THIS BODY AND HOW MUCH HE CARED ABOUT PUBLIC SERVICE
AND PEOPLE WHO DEDICATE THEIR LIFE TO PUBLIC SERVICE.
THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. RA ON THE RESOLUTION.
MR. RA: THANK YOU, MR. SPEAKER. YOU KNOW, THIS
IS -- THIS IS A DAY EVERY YEAR THAT, YOU KNOW, YOU'RE REMINDED THAT WE'RE
ALL HERE FOR SOME SNAPSHOT IN TIME AND YOU'RE REMINDED OF THE HISTORY
OF THIS INSTITUTION. AND ONE OF THE THINGS I ENJOY -- YOU KNOW, THERE'S
OFTENTIMES NOW THAT I'VE BEEN HERE FOR 11 YEARS NOW, PEOPLE THAT
YOU'VE HAD THE OPPORTUNITY TO SERVE WITH AND PEOPLE YOU'VE CROSSED
PATHS OVER THE YEARS. BUT OTHER NAMES THAT MAYBE ARE A LITTLE MORE
ANONYMOUS AND THEN, YOU KNOW, YOU -- YOU GET TO HEAR FROM A
COLLEAGUE WHO WORKED WITH THEM OR -- OR KNEW THEM OR -- OR CROSSED
PATHS WITH THEM OR SUCCEEDED THEM IN THIS BODY AND -- AND LEARNED
MORE ABOUT ALL THESE INDIVIDUALS THAT WE ALL SHARE A VERY UNIQUE AND
COMMON THING WITH HAVING SERVED THIS CHAMBER.
I WANT TO JUST QUICKLY TALK ABOUT THREE MORE
INDIVIDUALS, TWO OF WHICH I -- I KNEW AND ONE OF WHICH I DIDN'T. BUT
FIRST, JOE ERRIGO, WHO I DIDN'T KNOW DURING HIS FIRST GO-AROUND IN THE
ASSEMBLY. AND KUDOS TO ANYBODY WHO CHOOSES TO COME BACK HERE
AFTER THEY'VE LEFT. BUT WHEN HE -- WHEN HE CAME BACK A -- A FEW YEARS
BACK, YOU KNOW, HE WAS -- I FOUND HIM TO BE RELATIVELY QUIET AND I'D
SAY "HI" TO HIM HERE AND THERE, YOU KNOW, JUST A QUICK HELLO IN
87
NYS ASSEMBLY MAY 26, 2021
CONFERENCE. BUT I DIDN'T TALK TO HIM ALL THAT MUCH. BUT THEN I
REMEMBER WE WERE AT A PRESS CONFERENCE ONE DAY, I BELIEVE IT WAS
ABOUT CHILD TRAFFICKING. AND HE TOLD THIS STORY HE LEARNED ABOUT -- AND
THE EMOTION AND POWER OF -- OF WHAT HE WAS SAYING. I MEAN, YOU COULD
HEAR A PIN DROP IN THE -- IN THE ROOM. AND I THINK THAT'S ONE OF THE
THINGS I'VE LEARNED OVER THE YEARS. YOU CAN -- YOU KNOW, YOU CAN PEG
SOMEBODY SO WRONG SOMETIMES. BUT -- BUT THEN YOU -- YOU'RE -- YOU'RE
REMINDED THAT ALL OF US COME HERE WITH DIFFERENT BACKGROUNDS AND
DIFFERENT ISSUES WE'RE PASSIONATE ABOUT AND -- AND HERE AND THERE YOU
GET -- YOU GET TO HEAR THAT PASSION FROM PEOPLE. SO I WANTED TO
REMEMBER JOE ERRIGO.
I ALSO WANTED TO REMEMBER BILL LARKIN, WHO
OBVIOUSLY, WHEN I GOT HERE WAS IN THE SENATE, HAD THIS REPUTATION OF
BEING THIS JUST LEGENDARY FIGURE, OBVIOUSLY, HIS SERVICE TO OUR NATION
DURING WORLD WAR II AND THE KOREAN WAR. BUT, YOU KNOW, WHEN I --
WHEN I FIRST CAME UP HERE I REMEMBER TALKING TO HIM. WE WERE I THINK
AT -- AT AN EVENT, AND HE WAS TELLING ABOUT HOW HE HAD HELPED FOUND THE
PURPLE HEART CODE OF HONOR AND HE'D ALWAYS WEAR THE PIN. AND IT HAD
THE -- IT WAS A PIN OF, I THINK, A POSTAGE STAMP WITH A PURPLE HEART ON IT.
AND HE SAID TO A FEW OF US HERE, GIVE ME YOU CARD AND I'LL SEND YOU
ONE OF THE PINS. AND I -- I THINK IT WAS EASY FOR MANY OF TO SAY, HEY
WHAT DOES HE CARE ABOUT SENDING US A PIN? WE'LL PROBABLY NOT GET IT.
OR -- OR YOU KNOW, OR MAYBE SAY, HEY HE'S AN OLDER GUY, HE'S NOT
GOING TO REMEMBER TO SEND THE PIN. I -- I HAD THE PIN BY, I THINK,
BEFORE I LEFT TO COME BACK UP THE FOLLOWING WEEK. SO THEN I SAW HIM
88
NYS ASSEMBLY MAY 26, 2021
AT ANOTHER EVENT THAT WEEK AND I WENT OVER TO HIM AND SAID, SENATOR,
THANK YOU SO MUCH FOR SENDING ME THE PIN. HE SAID, YOU'RE WELCOME.
WHY AREN'T YOU WEARING IT? SO, I -- I THINK -- I THINK THAT WAS -- IT WAS
A MOMENT FOR ME THAT I KIND OF FELT LIKE REALLY I WAS A PART OF, YOU
KNOW, THE CAPITOL AND THIS INSTITUTION AND DOWN THE HALL JUST GETTING
JOKED WITH BY -- BY SUCH A LEGENDARY FIGURE.
THE LAST ONE I WANT TO MENTION IS RICHARD BRODSKY,
WHO I DIDN'T KNOW, NEVER SERVED WITH. AND -- AND I REGRET THAT -- I
WOULD READ THESE COLUMNS THAT HE WOULD DO, AND THERE WERE MANY
TIMES THAT I THOUGHT ABOUT TRYING TO FIND A WAY TO CONNECT WITH HIM
BECAUSE MORE THAN A FEW TIMES I'D THINK OF SOMETHING THAT I THOUGHT
WAS LIKE A GREAT REFORM THAT WE HAD TO HAVE AROUND HERE AND I'D GO
DIGGING THROUGH DOING RESEARCH, AND I'D FIND OLD BILLS THAT WERE HIS.
AND -- AND I KNOW THROUGH, YOU KNOW, READING ABOUT HIM THAT HE WAS
CERTAINLY SOMEBODY WHO BELIEVED IN, YOU KNOW, INDEPENDENCE AND
STRENGTH OF THIS CHAMBER AND OUR COLLEAGUES DOWN THE HALL, THE
LEGISLATURE, YOU KNOW, IN TERMS OF ITS POWER RELATIVE TO THE -- TO THE
EXECUTIVE. SO I JUST WANTED TO MENTION HIM AND THANK HIM FOR HIS
SERVICE. AND -- AND I KNOW HE, YOU KNOW, OVER THE YEARS, I -- I
WATCHED DIFFERENT, LIKE, PANELS AND THINGS LIKE THAT WHEN WE TALKED
ABOUT, YOU KNOW, BUDGETARY POWERS OF THE EXECUTIVE AND ALL THOSE TYPE
OF THINGS. AND I THINK -- I -- I THINK AS A -- AS AN INSTITUTION THAT IT'S
CERTAINLY MISSED TO HAVE SOMEBODY WITH THAT LEVEL OF EXPERIENCE WHO
COULD -- WHO CAN MAKE THAT CASE FOR -- FOR SOME OF THE REFORMS THAT
MANY OF US STILL THINK NEED TO BE MADE SO THAT THIS LEGISLATURE CAN --
89
NYS ASSEMBLY MAY 26, 2021
CAN SIT ON EQUAL GROUND WITH THE EXECUTIVE WHEN IT COMES TO
BUDGET-MAKING.
SO, THANK YOU, MR. SPEAKER.
SPEAKER HEASTIE: MR. GOTTFRIED TO SPEAK ABOUT
EVERYONE ON THE LIST SINCE I THINK HE SERVED WITH THEM ALL.
ON THE RESOLUTION, MR. GOTTFRIED.
MR. GOTTFRIED: WELL, THANK YOU, MR. SPEAKER.
AND ACTUALLY, OF THE 19 FORMER MEMBERS ON THE LIST I -- I ACTUALLY
SERVED WITH 17 OF THEM.
(LAUGHTER)
I DID NOT SERVE WITH MR. TABNER. HE WAS IN THE
ASSEMBLY WHEN I WAS IN FIRST GRADE. I DID KNOW BENTLEY KASSAL FROM
THE WEST SIDE OF MANHATTAN, WHO SERVED A FEW YEARS BEFORE I WAS
ELECTED. HE WROTE ME A LETTER OF RECOMMENDATION FOR COLLEGE. YOU
KNOW, THIS IS A -- LOOKING AT THIS LIST -- AND IT IS QUITE A LIST OF PEOPLE --
ONE THOUGHT I HAVE IS IN 1971 WHEN I FIRST ARRIVED HERE AT THE AGE OF 23,
A VERY MUCH OLDER -- WELL, EVERYBODY WAS OLDER -- A VERY MUCH OLDER
LONG-TIME MEMBER OF THE STAFF HERE SAID TO ME, WHATEVER YOU MIGHT
THINK OF SOME OF YOUR COLLEAGUES, HE SAID, JUST REMEMBER, EVERY ONE OF
THEM MADE IT TO THE TOP OF AN ASSEMBLY DISTRICT JUST LIKE YOU DID. AND
I -- I THINK ABOUT THAT BIT OF ADVICE OFTEN. AND MY OTHER THOUGHT
LOOKING AT THIS GROUP OF OUR -- OF OUR FORMER COLLEAGUES IS THAT THIS IS
REALLY QUITE A LEGISLATIVE BODY, AND HAS BEEN FOR AS LONG AS I'VE BEEN
HERE. AND IF YOU LOOK AROUND THE COUNTRY, WHETHER AT THE FEDERAL OR
STATE OR COUNTY OR CITY LEVEL, THERE ARE AN AWFUL LOT OF LEGISLATIVE
90
NYS ASSEMBLY MAY 26, 2021
BODIES THAT -- THAT REALLY DON'T MEASURE UP TO THE NEW YORK STATE
ASSEMBLY. LET'S JUST PUT IT THAT WAY. AND WE DON'T HAVE TO POINT TO
PARTICULAR LEGISLATIVE BODIES, BUT WE ARE -- WE ARE QUITE A GROUP OF
PEOPLE. AND I THINK WE -- WE ORGANIZE AND CONDUCT OURSELVES IN A
REALLY SUPERB MODEL OF WHAT -- WHAT A "SMALL D" DEMOCRATIC LEGISLATIVE
BODY OUGHT TO BE. AND THINKING ABOUT THESE FORMER COLLEAGUES OF OURS
CERTAINLY REMINDS ME OF THAT, AND I HOPE WE ALL THINK ABOUT THAT EVERY
DAY GOING FORWARD.
THANK YOU.
SPEAKER HEASTIE: MS. JOYNER ON THE RESOLUTION.
MS. JOYNER: THANK YOU, MR. SPEAKER. TODAY I
RISE TO MAKE ONE OF THE GREATEST CONTRIBUTIONS THAT I CAN MAKE TO THIS
BODY, WHICH IS TO RECOGNIZE AND HONOR THE LIFE OF A WOMAN MANY
REFERRED TO AS A POLITICAL MOTHER, MENTOR AND POWER OF STRENGTH TO MANY
LEADERS WHO FOLLOWED IN HER FOOTSTEPS. AND THAT WOMAN IS THE ONE AND
ONLY MS. AURELIA GREENE. THIS IS A SPECIAL PLACE NOT BECAUSE OF THE
FANCY DECOR, BUT BECAUSE OF THE LEGENDS WHO HAVE GRACED THIS PLACE
WITH THEIR PRESENCE. WE HAVE HAD SO MANY UNFORGETTABLE HISTORICAL
FIGURES THAT HAVE VISITED OR SERVED IN OUR CHAMBERS. BUT THE MOST
MEMORABLE ONES ARE THOSE WHO UNDERSTAND THAT IN THIS LIFE WE CANNOT
ALWAYS DO GREAT THINGS, BUT WE CAN DO SMALL THINGS WITH GREAT LOVE.
AND FOR THOSE WHO ARE FORTUNATE ENOUGH TO KNOW MS. GREENE, YOU
WERE ABLE TO SEE SHE WAS ABLE TO DO IT ALL. SHE HAD ACCOMPLISHED GREAT
THINGS AND GAVE GREAT LOVE. A WOMAN OF FAITH AND TRULY A SYMBOL OF
OUR COMMUNITY, MS. GREENE NEVER LEFT THE 77TH ASSEMBLY DISTRICT.
91
NYS ASSEMBLY MAY 26, 2021
TELLER AVENUE WAS HER HOME AND SHE NEVER FORGOT THAT THE TRUE FIGHT
WAS FOR THE PEOPLE OF THE BRONX. HER LIFETIME OF COMMUNITY SERVICE
BEGAN WHEN SHE WAS DRAFTED TO SERVE AS THE PRESIDENT OF A LOCAL PARENT
ASSOCIATION, AND SHE FOUGHT FOR THE CREATION OF THE POSITION OF
PARAPROFESSIONALS, WHICH IS NOW USED AS A NATIONAL MODEL BY THE
AMERICAN FEDERATION OF TEACHERS IN THE 70'S. IN 1982 SHE DECIDED TO
RUN FOR OFFICE AND BECOME MY DISTRICT'S ASSEMBLYWOMAN. MS. GREENE,
DURING HER TIME IN THE ASSEMBLY, HELD MANY TITLES AS "THE FIRST" HERE.
SHE WAS THE FIRST WOMAN TO CHAIR THE BANKING COMMITTEE. THE FIRST
AFRICAN -- AFRICAN-AMERICAN TO SERVE AS SPEAKER PRO TEM. SHE ALSO
CHAIRED THE ASSEMBLY -- ASSEMBLY'S BRONX DELEGATION, BECOMING THE
LONGEST-SERVING MEMBER OF THE BODY FROM THE BRONX COUNTY. SHE WAS
ALSO A FOUNDING MEMBER OF THE BLACK AND PUERTO RICAN CAUCUS AND THE
WOMEN'S CAUCUS. AND WE HAVE MS. GREENE AND MEMBERS HERE LIKE
HELENE TO THANK FOR THE WOMEN'S BATHROOM RIGHT HERE OUTSIDE OF OUR
CHAMBERS. SHE SERVED AS AN ASSEMBLYWOMAN FOR 27 YEARS AND
SPONSORED SEVERAL KEY PIECES OF LEGISLATION, INCLUDING NEW YORK'S FIRST
HELMET LAW FOR BICYCLISTS, ANTI-PREDATORY LENDING LAWS AND SHE ALSO
INTRODUCED THE FIRST PIECE OF STATEWIDE LEGISLATION TO FOCUS ON LUPUS,
WHICH PRIMARILY IMPACTS THE HEALTH OF WOMEN OF COLOR. THIS DYNAMIC
WOMAN LEFT THE ASSEMBLY IN MAY OF 2009 TO SERVE AS THE BRONX
DEPUTY BOROUGH PRESIDENT, AND IN DECEMBER OF 2017 THE HONORABLE
AURELIA GREENE RETIRED FROM BRONX BOROUGH HALL WITH OVER 50 YEARS
OF PUBLIC SERVICE. THE PEOPLE OF THE BRONX WILL ALWAYS REMEMBER HER
SMILE, HER VOICE AND THAT WHITE BEAUTIFUL HAIR. THE WORK OF HER LIFE
92
NYS ASSEMBLY MAY 26, 2021
WILL CONTINUE TO EMPOWER AND INSPIRE THE RESIDENTS OF THE STATE OF NEW
YORK AND THE BOROUGH OF THE BRONX FOR MANY YEARS TO COME. AND SHE
WILL ALWAYS BE LOVINGLY REFERRED TO AS THE QUEEN OF THE BRONX.
THANK YOU FOR ALLOWING ME TO SPEAK.
SPEAKER HEASTIE: MR. CAHILL ON THE RESOLUTION.
MR. CAHILL: THANK YOU, MR. SPEAKER. IT'S GOING
TO BE DIFFICULT TO FIT INTO THE TIME THAT WE'RE GIVEN, SO BRIAN, LAY OFF THE
BUZZER. I WANT TO TALK ABOUT EIGHT MEMBERS, BUT I'LL BE BRIEF WITH A FEW
OF THEM.
THE GREAT NETTIE MAYERSOHN AND I BUTTED HEADS MANY,
MANY TIMES. SHE WAS THE WRONG PERSON TO BE OPPOSITE. SHE WAS
RELENTLESS, SHE WAS TOUGH, SHE WAS STRONG. AND WHAT I HATE TO ADMIT
RIGHT NOW IS THAT SHE WAS PROBABLY RIGHT WHEN WE DISAGREED.
BILL MAGEE. NOBODY CARED MORE ABOUT AGRICULTURE
THAN BILL MAGEE. AND IF YOU THINK HE WAS ADMIRED HERE, YOU SHOULD
GO TO HIS DISTRICT SOME TIME AND FIND OUT WHAT THEY THOUGHT OF THIS MAN
WHO OFTENTIMES BECAUSE OF HIS CAREER, SEPARATE AND APART FROM HERE,
WAS THE LAST GUY YOU WANTED TO SEE. HE AUCTIONED FARM EQUIPMENT,
AND THAT MEANT THAT IF YOU WERE AUCTIONING OFF YOUR FARM EQUIPMENT,
YOU HAVE FELL ON HARD TIMES. BUT PERSON AFTER PERSON TOLD ME HOW BILL
WAS SO KIND TO THEM AT THOSE TIMES AND HE DID EVERYTHING HE COULD TO
HELP.
JOE ERRIGO. JOE ERRIGO WAS A SWEET AND GENTLE MAN.
HE WAS A KIND PERSON, AND I DO HOPE THAT HIS LEGACY IS THAT HE WAS A
KIND AND GENTLE PERSON. THAT'S WHAT HE DESERVES.
93
NYS ASSEMBLY MAY 26, 2021
JOHN BEHAN. JOHN BEHAN, I WON'T SAY MUCH ABOUT
BECAUSE I KNOW FRED THIELE IS COMING UP AND HE WILL HAVE A LOT TO SAY
ABOUT HIM. BUT I WILL SAY THIS: JOHN BEHAN WAS AN ATHLETE, A
NATIONALLY-RECOGNIZED ATHLETE, A BASKETBALL PLAYER RECOGNIZED FOR HIS
PROWESS ON THE BASKETBALL COURT. BUT HE WAS ALSO A MAN WHO BEFORE
THAT LEFT HIS LEGS IN VIETNAM. A GOOD SOLID AMERICAN, A VIETNAM
VETERAN AND AN ADMIRED PERSON. I'VE NEVER SEEN PEOPLE IN THIS HOUSE
RISE TO THEIR FEET FASTER THAN THEY DID WHEN JOHN BEHAN CAME TO VISIT,
AND THAT'S BECAUSE HE COULDN'T FOR HIS SACRIFICE.
THE NEXT PERSON WAS SOMEONE WHO DEDICATED FAR
MORE OF THEIR LIFE TO PEOPLE LIKE JOHN BEHAN THAN THEY DID POLITICS THAT
THEY WERE KNOWN FOR, AND THAT WAS MY GOOD FRIEND, COWORKER,
CO-REPRESENTATIVE, THE COLONEL, BILL LARKIN. BILL LARKIN'S MEMORIAL
SERVICE WAS HELD IN THE PURPLE HEART HALL OF FAME, A BUILDING THAT HE
HAD BUILT. A STAMP HE HAD MADE BY THE UNITED STATES POST OFFICE TO
RECOGNIZE PEOPLE LIKE JOHN BEHAN, WHO EARNED THE HIGHEST AWARD WE
GIVE TO PEOPLE WHO MAKE A SACRIFICE IN THE NAME OF THIS COUNTRY.
SO THOSE GREAT PEOPLE ARE PEOPLE I WILL NEVER FORGET
AND HAVE A GREAT HONOR TO HAVE SERVED WITH. BUT NOW LET ME SINGLE OUT
A FEW OTHERS. MUCH HAS BEEN MADE ALREADY, MR. SPEAKER, AND I SAW
YOU CHOKED UP AND I KNOW HOW EMOTIONAL YOU WERE WHEN YOU FOUND
OUT ABOUT THE PASSING OF AURELIA. WHAT A WONDERFUL, SWEET PERSON.
AND LATOYA, I CAN TELL YOU, YOU DIDN'T HAVE TO BE FROM THE BRONX TO
THINK OF HER AS "MOM." WE ALL DID. WE LOVED HER CALM, HER QUIET, HER
DELIBERATE WAY AS THE SPEAKER PRO TEM, AS SHE WAS MANY, MANY TIMES.
94
NYS ASSEMBLY MAY 26, 2021
BUT A COUPLE OF TIMES PEOPLE HAVE ALREADY SAID ABOUT THE HISTORY THAT
AURELIA MADE. WELL, I HAD THE GREAT HONOR AND PRIVILEGE OF MAKING
SURE AURELIA KNEW SHE MADE HISTORY. BECAUSE A PERSON IN MY FAMILY
WHO WAS A SCHOOLTEACHER CAME ACROSS A NEW YORK STATE-APPROVED
TEXTBOOK, AND RIGHT THERE ON PAGE 64 WHERE THEY TALKED ABOUT THE STATE
LEGISLATURE WAS A PICTURE OF SPEAKER PRO TEM AURELIA GREENE. SHE
NOT ONLY MADE HISTORY, SHE WAS REPORTED AS MAKING HISTORY. SHE WAS
OUR FACE AND WE COULDN'T HAVE ASKED FOR MORE. I WAS VERY HONORED TO
BE ABLE TO SHARE THAT BOOK WITH HER AND SHE GOT THE BIGGEST KICK OUT OF
THAT.
THE NEXT TWO GUYS ARE PEOPLE WHO I THINK WERE
WIDELY MISUNDERSTOOD OR WELL UNDERSTOOD IN THIS PLACE, DEPENDING
UPON WHETHER YOU WERE ON THE RECEIVING END OF THEIR WRATH OR NOT.
RICHARD BRODSKY WAS A COLLEAGUE, HE WAS A FRIEND. MANY PEOPLE KNEW
HIM AS A LAWYER. MAYBE SOME PEOPLE KNEW HIM AS A PROFESSOR. WE
ALL GOT TO KNOW HIM ALSO AS A DAD. YES, HE WENT TO HARVARD AND HE WAS
VERY QUICK TO REMIND YOU OF THAT. YES, HE WAS SMART, AND IN HIS OWN
WORDS, SMARTER THAN PROBABLY ANYBODY ELSE IN THIS ROOM. PROBABLY
ALSO TRUE. AND HE MANIFEST THAT IN THE LOUNGE ON A REGULAR BASIS
DURING THE LONG BUDGET NIGHTS BY BRAGGING AND SHOWING OFF DOING NEW
YORK TIMES CROSSWORD PUZZLES IN PEN. AND HE MADE SURE YOU KNEW HE
WAS DOING HIS CROSSWORD PUZZLE IN PEN. I HAD THE HONOR OF SERVING
WITH RICHARD HERE ON THE FLOOR. I HAD THE HONOR OF SERVING WITH HIM IN
HEARINGS WHERE I JUST PITY ANYONE THAT HAD TO PUT UP WITH HIS
CROSS-EXAMINATION. BUT I ALSO HAD THE HONOR OF SITTING NEXT TO HIM IN
95
NYS ASSEMBLY MAY 26, 2021
CONFERENCE FOR THE BETTER PART OF A DECADE. AND IN THAT CONFERENCE
CONFESSIONED TO MY DEMOCRATIC COLLEAGUES, RICHARD AND I EVERY SINGLE
DAY, EVERY SINGLE CONFERENCE, WOULD RELATE TO WHOEVER WAS TALKING TO A
SCENE FROM THE MOVIE BLAZING SADDLES. THAT'S WHAT RICHARD KNEW
HOW TO DO. MANY, MANY TIMES THE CONFERENCE CHAIR WOULD SCOLD US
ABOUT TALKING. WE WOULD BE LAUGHING SOMETIMES HYSTERICALLY OVER THE
FACT THAT WHATEVER WHAT ANYBODY SAID COULD BE RELATED TO THAT MOVIE.
HE WAS THE ULTIMATE SCHMOOZER. HE GOT FAMOUS FOR ONE OF HIS PHRASES
WHERE HE TALKED ABOUT SOVIET-STYLE BUREAUCRACIES. I HAD THE PRIVILEGE
OF SERVING AT A CONFERENCE WITH RICHARD IN MOSCOW, AND LO AND BEHOLD
WE'RE COMING DOWN, GETTING READY TO GO TO OUR CONFERENCE, AND WHO DO
WE KNOW IN MOSCOW, I DIDN'T KNOW ANYBODY, BUT THERE WAS RICHARD IN
THE HALL, SCHMOOZING WITH PEOPLE FROM MOSCOW. THAT WAS RICHARD
BRODSKY. WE WILL MISS HIM, WE LOVE HIM AND WE ALSO REGRET THAT HE'S
NOT HERE BECAUSE SITTING TO MY LEFT IS BRODSKY'S REVENGE.
(LAUGHTER)
FINALLY, I WANT TO CLOSE WITH MY FRIEND, MY GOOD
FRIEND. SOMEBODY WHO I ADMIRE FAR MORE THAN I THINK ANYBODY IN THIS
HOUSE DID, AND THAT WAS MY FRIEND DAVID GANTT. DAVID GANTT WAS
GRUFF, MR. SPEAKER. HE WAS NOT DESCRIBED BY SOME AS GRUFF, IT WAS HIS
NATURE. IT WAS HIS PROUD NATURE. HE WAS PROUD TO BE A CRANKY GUY. HE
SERVED AS TRANSPORTATION CHAIR HERE FOR MANY YEARS, BUT I NEVER REALLY
HAD MUCH LUCK WITH GOING TO HIM WITH TRANSPORTATION ISSUES. BUT I DID
GOT TO SEE -- I DID GET TO SEE A SIDE OF DAVID WHEN I PROPOSED TO HELP AN
ORGANIZATION CALLED THE AGRIBUSINESS CHILD DEVELOPMENT CENTER. THE
96
NYS ASSEMBLY MAY 26, 2021
AGRIBUSINESS CHILD DEVELOPMENT CENTER IS DEDICATED ACROSS THIS STATE
TO PROVIDING SAFE DAYCARE TO THE CHILDREN OF MIGRANT WORKERS. WHEN HE
HEARD ABOUT THAT, DAVID SHARED WITH ME THAT HE HIMSELF WAS A CHILD OF
A MIGRANT WORKER IN ALABAMA BEFORE HE MOVED TO THE STATE OF NEW
YORK. HE HAD SUCH A WARM SPOT FOR THOSE MOST IN NEED. WHEN I WENT
TO HIS FUNERAL AND I WENT TO HIS WAKE, PERSON AFTER PERSON WHO
RECOGNIZED ME AS A MEMBER OF THE ASSEMBLY CAME UP TO TELL ME HOW
MUCH HE MEANT FOR STARTING A MOVEMENT IN THE CITY OF ROCHESTER. FOR
GIVING PEOPLE THEIR FIRST CHANCE IN POLITICS. AND IF ANYTHING, THAT IS
WHAT THIS HOUSE IS ABOUT. IT'S ABOUT GIVING PEOPLE A CHANCE. IT'S ABOUT
BEING COMPASSIONATE.
WE HAVE IN THIS BODY 150 MEMBERS. I HAVE TALKED
ABOUT EIGHT OF THEM, AND EVERY SINGLE PART OF THEIR CHARACTER CONTRIBUTES
TO THE WHOLE OF THIS BODY. WE MISS THEM ALL. WE HONOR THEIR MEMORY
AND MAY THEY ALL REST IN PEACE. OUR SYMPATHIES TO THEIR FAMILIES.
SPEAKER HEASTIE: MS. WEINSTEIN ON THE
RESOLUTION.
MS. WEINSTEIN: THANK YOU, MR. SPEAKER. SO, THE
ADVANTAGE OF SERVING HERE SINCE 1981 MEANS THAT I'VE GOTTEN TO MEET
JUST AN INCREDIBLE GROUP OF PEOPLE EVERY TWO YEARS AND SOMETIMES
SOMEONE IN BETWEEN. I GUESS THE DISADVANTAGE IS LOOKING AT THIS LIST
AND KNOWING NOT QUITE AS MANY AS -- AS MR. GOTTFRIED, BUT THERE ARE 14
MEMBERS WHO ARE LISTED HERE WHO I HAD THE HONOR AND PLEASURE TO
SERVE WITH. AND I PROBABLY COULD GO THROUGH A STORY WITH EACH ONE OF
THEM, THOUGH THAT WOULD TAKE A WHILE. SOME -- MOST STORIES YOU CAN'T
97
NYS ASSEMBLY MAY 26, 2021
REALLY SAY WHILE WE'RE BEING BROADCAST. BUT, YOU KNOW, EVEN JUST
LOOKING AT THE -- THE TOP -- AND IT DOESN'T MATTER WHETHER THEY WERE
DEMOCRATS OR REPUBLICANS, THERE WAS TREMENDOUS INTERACTION. IT WAS
MENTIONED BEFORE THAT TONI RETTALIATA WAS A TOUGH LADY. WELL, I
LEARNED THAT EARLY ON IN OUR FIRST TERM HERE. WE WERE -- LET'S SEE, IT WAS
EARLY MAY, SO IT WAS TULIP FESTIVAL. AND SHE WALKED PAST
ASSEMBLYWOMAN EILEEN DUGAN'S OFFICE, I WAS THERE WITH EILEEN. AND
TONI HAD THIS BEAUTIFUL HANDFUL OF FLOWERS AND EILEEN SAID, OH, TONI,
THAT WAS GREAT THAT SOMEONE GAVE YOU THE FLOWERS. AND THEN SHE HELD
UP THE SCISSOR AND SAID, NO, I GOT THEM FROM OUT -- OUT IN FRONT OF THE
CAPITOL. SO, WE KNEW TO -- WE KNEW TO STAY CLEAR OF -- OF TONI OR TO
NOT GET INTO ANY ARGUMENTS WITH HER. BUT SHE WENT ON AND LEFT HERE TO
-- TO SERVE HER COMMUNITY AND I THINK WAS ALSO A NO-FAULT ARBITRATOR
FOR A WHILE. AS I LOOK DOWN, NETTIE MAYERSOHN WAS OUR -- THE REAL
FORCE. SHE WAS AN EARLY FIGHTER FOR -- VERY PASSIONATE ON VARIOUS
ISSUES. I DIDN'T ALWAYS AGREE WITH HER, BUT THAT DIDN'T STOP HER FROM
CONTINUING TO LOBBY ME. AND SHE MADE HER POINTS AND WAS -- WAS
PERSISTENT. AND AS THE SPEAKER SAID, SHE WOULD TRACK YOU DOWN NO
MATTER WHERE YOU WERE TO MAKE SURE YOU HEARD HER SIDE OF THE STORY OR
GOT THE -- HER SIGNATURE ON A LETTER.
CLIFF WILSON, WHO WHEN HE LEFT OUR -- OUR HOUSE
CONTINUED TO BE A POLITICAL ADVISOR AND WAS REALLY LIKE A POLITICAL
ENCYCLOPEDIA. HE KNEW -- HE COULD TALK TO YOU ABOUT RACES THAT
HAPPENED YEARS BEFORE OR YEARS AFTERWARDS AND HE WOULD STRATEGIZE AND
WAS A WONDERFUL MEMBER OF OUR HOUSE.
98
NYS ASSEMBLY MAY 26, 2021
FLORENCE SULLIVAN WAS A -- A FELLOW BROOKLYNITE WHO
UNFORTUNATELY DURING THE 1982 REAPPORTIONMENT, SOMEHOW HER
REPUBLICAN DISTRICT WAS SPLIT UP AMONGST A NUMBER OF OTHER MEMBERS.
BUT SHE WAS A -- SHE WAS A GOOD STALWART ON BEHALF OF HER CONSTITUENTS
IN -- IN BROOKLYN.
JOE FERRIS, WHO WAS ONE OF THESE PEOPLE WHO WAS
VERY FRUGAL AND WOULD OFTEN -- WOULD OFTEN SAVE SOME -- SOME MONEY
BY SLEEPING IN HIS -- HIS OFFICE. BUT HE WAS A VERY DILIGENT MEMBER AND
MAYBE THAT EXTRA SLEEP AND THE LACK OF COMMUTE REALLY HELPED HIM BE A
VIGOROUS DEFENDER OF PROGRESSIVE CAUSES IN BROOKLYN. WELL, SEE, THEN
WE WERE CALLED REFORMISTS, NOT PROGRESSIVES, I GUESS. BUT HE WAS
CERTAINLY KNOWN AS ONE OF THE BROOKLYN REFORMERS AND -- AND WAS A
VERY ACTIVE -- ACTIVE MEMBER HERE.
AND, YOU KNOW, BILL LARKIN. SO MUCH HAS -- HAS BEEN
SAID. I'LL GET BACK TO RICHARD IN A SECOND. YOU KNOW, SO THEN THERE'S
ALSO THINGS YOU REMEMBER ABOUT MEMBERS. AND SO, BILL MAGEE. ONCE
A YEAR -- HE WAS ON MY FLOOR AND YOU'D WALK PAST -- OR YOU WOULDN'T
EVEN WALK PAST THE OFFICE, WHEN YOU'D GO TO -- I'D BE IN MY OFFICE AND
THE SMELL OF THE PANCAKES FOR HIS ANNUAL BREAKFAST WOULD BE WAFTING ALL
AROUND AND YOU HAD TO RESIST TAKING TOO MANY. BUT THAT WAS ALWAYS --
HE WAS ALWAYS CONSIDERING THAT. AND I KNEW THINGS WERE GOOD, AND
BILL WAS HERE WHEN I'D SEE THAT COW AS I'D WALK THAT CARDBOARD OR, YOU
KNOW, WOODEN COW AS I WALKED TO MY OFFICE. I -- I KNEW BILL WAS HERE
AND THINGS WERE UNDER CONTROL.
DAVID -- YOU KNOW, I ALSO DAVID GANTT DIDN'T ALWAYS
99
NYS ASSEMBLY MAY 26, 2021
AGREE WITH. OUR BIGGEST DISPUTE WAS NOT ABOUT LEGISLATION, BUT IT WAS
ABOUT THE SMELL OF CIGAR SMOKE COMING -- SINCE HE WAS NEXT DOOR TO ME
COMING THROUGH THE WALL, ESPECIALLY AFTER -- AFTER SMOKING WAS BANNED
IN THE -- IN THE CAPITOL. SOMEHOW HE MUST HAVE BROUGHT THAT -- THAT
SMELL WITH HIM. WE ACTUALLY COMPROMISED AND WE PUT A FAN OUTSIDE
MY OFFICE DOOR TO KEEP THE -- THE CIGAR SMOKE FROM COMING IN.
AND, YOU KNOW, AURELIA CAME HERE JUST TWO YEARS
AFTER ME. THERE WERE NOT A LOT OF WOMEN WHO WERE HERE AT THE TIME.
WE WOULD STICK TOGETHER. WE WORKED TOGETHER ON -- ON ISSUES. AND
JUST TO CLARIFY BECAUSE I KNOW IT WAS MENTIONED ABOUT THE -- THE LADIES'
ROOM. THE BATHROOM THAT'S OUTSIDE OF THE CHAMBER USED TO BE A
MEN'S-ONLY BATHROOM, AND US WOMEN WOULD HAVE TO GO OUTSIDE OF THE
ASSEMBLY CHAMBER DOWN TO THE BATHROOM PAST THE LIBRARY TO THE
BATHROOM BY THE SENATE ELEVATORS. SO WHEN WE DID THAT WE MISSED --
WE WERE OUTSIDE THE BAR OF THE ASSEMBLY. AND WE DIDN'T HAVE THESE --
IT WAS A DIFFERENT SYSTEM FOR VOTING, AND SOMETIMES YOU WOULD MISS A
VOTE. SO WE USED TO HAVE A BUDDY SYSTEM AND WE WOULD TELL EACH
OTHER -- THE WOMEN WOULD SAY, I'M IN THE -- IF THERE'S A VOTE CAN YOU
COME GET ME? I'M IN THE BATHROOM. AND AT SOME POINT WHEN WE WERE
PROTESTING WE MADE UP THESE LITTLE PINK SLIPS AND WE'D GO TO THE
MAJORITY LEADER AT THE TIME WHO WAS DAN WALSH, AND WE'D GIVE HIM
OUR (INAUDIBLE) BATHROOM PASS TO THE LADIES' ROOM. SO WE -- AND WE
HAD A COUPLE OF REVOLTS, AND NOW WE ALL DON'T HAVE TO TAKE A LONG WALK
TO -- TO USE THE FACILITIES.
SO, RICHARD BRODSKY SAT IN MY ROW TWO SEATS OVER.
100
NYS ASSEMBLY MAY 26, 2021
HE WAS -- AS HAS BEEN SAID, HE WAS A TREMENDOUS ADVOCATE FOR -- IN A
LOT OF WAYS TO OPEN UP GOVERNMENT. TO HAVE THAT PUBLIC EYE WITH THE
CHANGES OF THE PORT AUTHORITY, ALL OF THE AUTHORITIES THAT -- TO MAKE
THEM MORE TRANSPARENT. BUT I KIND OF REMEMBER RICHARD MORE AS SOME
OF THE PERSONAL THINGS THAT HE DID. EARLY ON HE DID AN OP-ED ABOUT SALES
TAX ON ATTORNEYS' FEES, WHICH DIDN'T GO OVER TOO WELL. BUT HE THOUGHT IT
WAS A GREAT IDEA, SO HE TOLD THE SPEAKER AT THE TIME, STANLEY FINK, YOU
KNOW, STANLEY, IT'S OKAY. YOU CAN JUST SAY IT'S YOUR IDEA AND, YOU
KNOW, I DON'T NEED THE CREDIT. BUT THAT WAS ONE OF THE FEW TIMES HE
WAS WILLING TO GIVE -- GIVE UP THE CREDIT. BUT I REALLY REMEMBER
RICHARD AS -- AS A FAMILY MAN. HIS DAUGHTER EMILY GREW UP HERE. HE
-- SHE WOULD COME UP WITH -- WITH HIS WIFE PAIGE AND SHE WOULD SPEND
-- EMILY WOULD SPEND A LOT OF TIME SITTING AT HER DESK. EILEEN AND I
ALWAYS HAD TO MAKE SURE THAT WE HAD SOME LITTLE TOYS AND SOME OTHER
THINGS TO -- TO GIVE HER TO KEEP HER BUSY AND TO LET HER SEE HOW GREAT A
DAD SHE -- SHE HAD. AND THEN, YOU KNOW, I THINK PEOPLE WHO WEREN'T
HERE AT THE TIME MAY NOT KNOW THAT WHEN HIS OTHER DAUGHTER WILLIE HAD
AN ISSUE AND NEEDED A KIDNEY, RICHARD DROPPED OUT OF THE ATTORNEY
GENERAL'S RACE TO BE ABLE TO DONATE A KIDNEY TO HIS DAUGHTER -- DAUGHTER
WILLIE. AND THEN JUST RECENTLY UNRELATED TO THE LEGISLATURE ABOUT TWO
YEARS AGO, RICHARD -- AND WE KEPT IN TOUCH ONCE HE LEFT HERE -- RICHARD
AND I FOUND OURSELVES TOGETHER AT A PERFORMANCE OF FIDDLER ON THE ROOF
IN YIDDISH. AND HE WAS SITTING THERE WITH HIS DAUGHTER AND HER
DAUGHTER EMILY NOW EMILYN. AND WE CHATTED FOR A WHILE, WE SORT OF
(INAUDIBLE). AND DURING INTERMISSION - AND SHE WAS THERE WITH HER
101
NYS ASSEMBLY MAY 26, 2021
BOYFRIEND - DURING INTERMISSION RICHARD POINTS AND HE LEANS OVER TO ME
AND HE SAYS, CAN YOU TELL EMILY YOU REALLY LIKE THE BOYFRIEND, THAT HE'S
REALLY GOOD AND MAYBE, YOU KNOW, THEY CAN MAKE IT MORE PERMANENT?
SO HE WAS ALWAYS -- ALWAYS THINKING ABOUT THE FAMILY. AND I DID SAY,
IT'S A LITTLE STRANGE. HOW AM I SUPPOSED TO DO THAT? BUT IT WAS GREAT
SEEING HIM THEN. WE -- WE DID CONTINUE TO -- TO SPEAK AFTERWARDS.
SO ALL -- AND I HAVE STORIES I'M SURE I COULD TELL ABOUT
OR SOME THAT I CAN'T ABOUT SOME OF THE OTHER -- OTHER MEMBERS. BUT IT
DOES MAKE ME REFLECT, AS THE SOUTHERN DOCTRINE SAYS, THAT THE PRIVILEGE
IT IS TO SERVE WITH SO MANY MEMBERS, TO -- TO THE DIVERSITY OF OUR -- OF
OUR CONFERENCES, THE DIVERSITY OF OUR BODY AND ALL OF THE MEMBERS
WHO WE RECOGNIZE TODAY SERVED WITH GREAT DISTINCTION. MAY THEY ALL
REST IN PEACE AND THEIR MEMORIES NOT BE FORGOTTEN.
SPEAKER HEASTIE: MRS. PEOPLES-STOKES ON THE
RESOLUTION.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I RECALL FONDLY OF THIS OPPORTUNITY TO BE ABLE TO SPEAK ON
MEMORIAL RESOLUTIONS WITH MY FIRST YEAR AS A MEMBER. BUT I COULDN'T
SPEAK BECAUSE I DIDN'T KNOW ANYONE. BUT IT FELT REALLY GOOD BEING IN
THE ROOM AND HEARING -- AT THAT TIME ROOM WAS STILL PACKED BECAUSE WE
WEREN'T IN THE MIDDLE OF COVID -- AND TO HEAR FROM SO MANY MEMBERS
ABOUT FOLKS THEY HAD SERVED WITH IN THE PREVIOUS YEARS. IT REALLY
TOUCHED MY SPIRIT AND IT MADE ME FEEL ACTUALLY MORE AT HOME, MORE
LIKE A FAMILY. MORE LIKE PEOPLE REALLY ARE CONNECTED HERE. AND SO
NOW TO, YOU KNOW, BEING 2021 AND HAVING BEEN HERE AS LONG AS I HAVE,
102
NYS ASSEMBLY MAY 26, 2021
AND ACTUALLY PERSONALLY KNOWING SEVEN PEOPLE ON THIS LIST IS AS
REWARDING AND MAKES ME FEEL SUPER HONORED. EVERYTHING'S BEEN SAID
ABOUT LITTLE MS. MAYERSOHN. I WAS A LITTLE AFRAID OF HER WHEN I FIRST GOT
HER BECAUSE SHE'D ALWAYS BE FOLLOWING ME AROUND WITH A PIECE OF
PAPER OR SOMETHING THAT SHE WAS TAKING NOTES ON. BUT A STRAIGHT
SWEETHEART.
AND CLEARLY, RICHARD BRODSKY, I -- I NEVER EVEN
THOUGHT ABOUT THE CONCEPT OF A KIDNEY TRANSPLANT UNTIL HE LEFT THAT RACE
TO DONATE HIS DAUGHTER A KIDNEY. AND IT JUST SO HAPPENS THAT YEARS LATER
MY DAUGHTER ENDED UP HAVING A KIDNEY TRANSPLANT.
AND I'M GOING TO SAY SENATOR LARKIN, BECAUSE WHEN I
MET HIM HE WAS A SENATOR. AND ACTUALLY, HE AND I HAD A REALLY DECENT
RELATIONSHIP. WE PASSED LEGISLATION TOGETHER, AND I JUST SAT HERE TRIED TO
THINK THROUGH, WHAT WAS THAT LEGISLATION THAT HE AND I WORKED ON? I
REMEMBER EVEN DOING A PRESS CONFERENCE OUT IN FRONT OF THE CAPITOL
WITH HIM ON WHATEVER IT WAS. I'LL LOOK UP IT AND KNOW IT NEXT WEEK BY
THE TIME I GET BACK.
AND THEN MR. MAGEE. BEING A FORMER COUNTY
LEGISLATOR, I KNOW -- I KNEW THAT ERIE COUNTY'S LARGEST INDUSTRY
BASICALLY WAS AGRICULTURE. A LOT OF FARMS THERE. BUT I NEVER HAD A
CHANCE TO REALLY GET TO KNOW ANYBODY THAT WAS A FARMER LIKE MR.
MAGEE AND HEAR -- AND BE SO PASSIONATE ABOUT IT. AND I RECALL MY FIRST
BUDGET PROCESS WHEN HE WAS -- YOU KNOW, WE WERE ALL IN THE ROOM AND
EVERYBODY'S TALKING ABOUT THEIR BUDGET PRIORITIES, BUT HE WAS THE ONLY
ONE TALKING ABOUT FARMING. I DIDN'T HEAR ANYBODY ELSE SAY ANYTHING
103
NYS ASSEMBLY MAY 26, 2021
ABOUT THAT. SO WHEN I GOT A CHANCE TO MAKE -- I WANT TO SAY IT WAS
PROBABLY THE SECOND TIME I MADE COMMENTS IN A BUDGET CONFERENCE, IT
WAS TO SUPPORT MR. MAGEE'S -- WHATEVER HE SAID I WAS, LIKE, YES, WE
SHOULD DO THAT BECAUSE IF THERE'S NO FARM, THERE IS NO FOOD. AND EVER
SINCE THEN, YOU KNOW, HE WAS HARD TO HAVE A CONSERVATION BUT HE WAS
EASY TO SMILE AT YOU. SO YOU KNEW HE WAS -- HE WAS ENGAGED BECAUSE
HE -- HE WOULD SMILE.
AND CERTAINLY, DAVID GANTT, THE FIRST TIME I MET HIM
HE RODE A BUSLOAD OF PEOPLE TO BUFFALO TO WORK FOR MY OPPONENT WHEN
I WAS RUNNING MY FIRST TIME HERE. AND, YOU KNOW, I HAD NEVER HEARD --
I HAD HEARD ABOUT HIM BEFORE BECAUSE HE WAS ALREADY HERE, BUT I DIDN'T
KNOW HIM. AND I EXPECTED TO GET HERE AND I'M SURE HE THOUGHT THAT,
YOU KNOW, WE WEREN'T GOING TO BE COOL BECAUSE I KNEW THAT HE BROUGHT
THIS BUSLOAD OF PEOPLE. A COUPLE OF YEARS LATER I DID WIN TO GET HERE.
BUT IT REALLY WASN'T LIKE THAT AT ALL. THE RACE WAS OVER. I LOST THAT FIRST
ONE, BUT I WON THE SECOND ONE. AND WHEN I GOT HERE HE EMBRACED ME
AS A COLLEAGUE. UNTIL HIS LAST BREATH HE EMBRACED ME AS A COLLEAGUE.
AND QUITE HONESTLY, IF IT WASN'T FOR HIM I WOULD NOT HAVE BEEN THE ONE
CARRYING THE MARIHUANA LEGISLATION. THAT WAS ALL DAVID GANTT. HE
INSISTED THAT I HAD TO BE THE ONE TO DO IT. SO I CERTAINLY DO STILL HONOR
HIM.
AND JOE ERRIGO. THESE TWO GUYS WERE CLOSE, JOE AND
DAVID. I OFTEN SAW THEM HAVING DINNER TOGETHER, THEY MOVED AROUND
THE CAPITOL TOGETHER. AND, YOU KNOW, MR. ERRIGO HAD A REALLY GREAT
SMILE AND A GOOD CONVERSATION. HE WAS ENGAGED AND DIDN'T -- YOU
104
NYS ASSEMBLY MAY 26, 2021
KNOW, A LOT OF PEOPLE WHEN YOU COME HERE IF YOU'RE NOT IN THEIR SAME
PARTY OR IN THEIR SAME CLASS OR FROM THEIR SAME DELEGATION, THEY DON'T
REALLY ENGAGE YOU IN CONVERSATION. THEY JUST KIND OF MOVE ALONG AND
WE GET ALONG. THIS WAS A GUY WHO WAS OPEN AND SUPER, SUPER KIND.
AND LASTLY, THE QUEEN MOTHER IS WHAT I CALL HER
BECAUSE HAIR WAS BEAUTIFUL WHITE, AS HAS BEEN SAID ALREADY. AND SHE
SAT UP THERE IN -- IN THAT POSITION AS SPEAKER PRO TEM LOOKING EXACTLY
LIKE THE QUEEN MOTHER THAT SHE WAS. SHE WAS A GREAT FAMILY WOMAN,
AND THAT WAS DEMONSTRATED IN HOW SHE INTERACTED WITH PEOPLE IN THIS
BODY. I WATCHED HER FOR, I DON'T KNOW, I GUESS TEN YEARS OR MORE, PASS
LEGISLATION THAT DEALS WITH LUPUS IN THIS HOUSE AND IT NEVER GOT THROUGH
THE SENATE. SINCE THEN IT HAS GONE THROUGH THE SENATE. IT WAS CARRIED
BY VANESSA GIBSON, WHO IS NOW A CITY COUNCIL MEMBER IN NEW YORK
CITY. AND THEN WHEN VANESSA LEFT I STARTED CARRYING IT AND FINALLY WE
WERE ABLE TO PASS THAT BILL HERE IN THE ASSEMBLY AND GET IT PASSED IN THE
SENATE. AND I ACTUALLY CALLED THE QUEEN MOTHER AND SHE WAS SO
HAPPY. ACTUALLY, I DIDN'T EVEN HAVE TO CALL HER. SHE SAID, I WAS GOING
TO CALL YOU BECAUSE I'M SO HAPPY THAT THAT BILL IS FINALLY NOT JUST PASSED
IN THE ASSEMBLY, BUT ACTUALLY BEEN PASSED IN THE SENATE AND SIGNED BY
THE GOVERNOR. SO, GREAT EXPERIENCES THROUGH ALL OF THESE FOLKS THAT I
HAD THE OPPORTUNITY TO INTERACT WITH. AND I HOPE THAT FOLKS WHO MAYBE
THIS IS YOUR FIRST TIME HEARING OF A MEMORIAL RESO SERVICE FOR FALLEN
COLLEAGUES. I HOPE THERE WILL BE AS MANY FOR YOU -- FOR YOU AS IT WAS
FOR ME IN THE PAST.
WITH THAT, I CERTAINLY HOPE THEY ALL WILL REST IN PEACE
105
NYS ASSEMBLY MAY 26, 2021
AND I KNOW THAT THEIR LEGACY WILL LIVE ON HERE.
SPEAKER HEASTIE: MR. BENEDETTO ON THE
RESOLUTION.
MR. BENEDETTO: THANK YOU, MR. SPEAKER, FOR
LETTING ME SAY A FEW REMARKS ABOUT A BUNCH OF GREAT PEOPLE. FIRST, JOE
ERRIGO. IT'S -- IT'S -- WE ALL KNOW, WE DON'T GET A CHANCE TO SOCIALIZE
WITH OTHER PEOPLE ON THE OTHER SIDE OF THE FENCE HERE TOO OFTEN. AND --
BUT JOE AND I HAD A, YOU KNOW, A LITTLE REPERTOIRE GOING ON AND -- AND
WE WOULD JOKE AROUND WITH EACH OTHER. AND JOE WAS JUST A KIND
PERSON. AND I KNEW HIM IN THE -- IN -- IN -- WHEN HE WENT AND WHEN
HE CAME BACK, AND WE WOULD JOKE ABOUT HIS SECOND TIME AROUND. AND
IT'S A SHAME HE'S -- HE'S NOT WITH US ANY LONGER.
WHEN I FIRST GOT HERE I LEARNED VERY QUICKLY NETTIE --
NETTIE MAYERSOHN WAS SOMEBODY TO CONTEND WITH. YOU KNOW, WHEN
I'D SAY HER NAME I JUST SMILE. I THINK OF THIS PITBULL OF A LADY. I'M
WALKING AROUND THE CHAMBER AND -- AND WE WOULD SIT ON OPPOSITE
SIDES OF -- OF THE CHAMBER, AND I WOULD WATCH AND I WOULD SEE NETTIE.
AND SHE WOULD GET UP AND -- AND ALL OF A SUDDEN YOU -- YOU BECOME AT
ATTENTION BECAUSE YOU NEVER KNEW WHERE SHE WAS COMING, AND IF SHE
WAS COMING DOWN THE AISLE AND COMING STRAIGHT TO YOU, YOU -- YOU
LOOKED FOR A QUICK ESCAPE ROUTE TO -- TO GET AWAY FROM HER BECAUSE SHE
WAS JUST RELENTLESS. A DEAR, DEAR LADY.
BILL MAGEE. GOD ALMIGHTY, I SAT NEXT TO BILL MAGEE
IN CONFERENCE FOR 15 YEARS, AND NEVER MUCH TO CARRY ON A CONVERSATION.
WOULD ALWAYS ANSWER IN A -- IN A VERY CONCISE ONE- OR TWO-WORD
106
NYS ASSEMBLY MAY 26, 2021
ANSWER TO YOU. BUT I SERVED ON HIS AGRICULTURE COMMITTEE, AND TO THIS
DAY I SAY IT WAS THE BEST COMMITTEE I EVER SERVED ON BECAUSE NO MATTER
WHAT, EVERY -- EVERY TIME WE HAD A MEETING THERE WAS POUND CAKE OR --
OR SOME PIE, OR AS MY COLLEAGUE ALLUDED TO BEFORE, A PANCAKE BREAKFAST.
IT WAS JUST A DELIGHT TO GO TO, AND OF COURSE HIS LOVE FOR AGRICULTURE WAS
BEYOND -- BEYOND QUESTION.
DAVID GANTT. I DIDN'T SPEAK TO DAVID GANTT FOR ABOUT
THREE OR FOUR YEARS. I WAS AFRAID TO SPEAK TO DAVID GANTT. HE HAD THAT
INTIMIDATING PRESENCE ABOUT HIM. BUT WHEN YOU DID TALK TO HIM, YOU
FOUND OUT HE'S A NICE GUY. AND I GOT TO LIKE DAVID GANTT.
AURELIA. WHAT CAN YOU SAY ABOUT THIS LADY WHO ADDED
SUCH A PRESENCE TO THE CHAMBER WHEN SHE SAT ON THE TOP AS -- AS
SPEAKER PRO TEM. THERE WAS AN AIR OF DIGNITY ABOUT HER. AND -- AND
SHE LENT THAT DIGNITY TO THE CHAMBER AS A WHOLE. WELL, WHAT A SHINING
PERSON, A WONDERFUL LADY AND SOMEBODY GREATLY TO BE MISSED.
AND LASTLY, I WANT TO, YOU KNOW, SAY A WORD ABOUT
RICHARD BRODSKY. HE WAS A GIANT OF THIS CHAMBER. THERE'S NO DOUBT
ABOUT IT. WE -- WE HAVE HAD GIANTS IN THE PAST, WE HAVE THEM NOW, AND
RICHARD WAS ONE OF THEM. YOU JUST LOVED TO HEAR RICHARD DEBATE.
AND HE WOULD DEBATE ON EVERYTHING. AS A MATTER OF FACT, I REMEMBER
HIM DEBATING AGAINST A CONVERSATION ABOUT TWO GUYS WHO SAT NEXT TO
RICHIE -- RICHARD IN -- IN THE ROW. IT WAS A DEBATE ABOUT SOMETHING I
KNEW NOTHING ABOUT, ABOUT RAPPERS AND RAP MUSIC. AND OF COURSE
RICHARD WAS AN AUTHORITY ON RAP, AND THE TWO GUYS HE WAS TALKING TO --
ONE WHO BECAME THE BOROUGH PRESIDENT OF THE BRONX AND ONE WHO
107
NYS ASSEMBLY MAY 26, 2021
BECAME SPEAKER OF OUR CHAMBER -- YOU KNOW, WERE -- WERE -- WERE
THOROUGHLY ENGAGED. AND RICHARD, OF COURSE, SWANG HIS AUTHORITY AT
THEM AND SAY, YEAH, YEAH, BUT THAT'S THE YOUNG JAY-Z IN HIS EARLY YEARS.
RIGHT? RICHARD KNEW THAT MUCH ABOUT IT AND THEY JUST LAUGHED ON.
AND THAT WAS THE ESSENCE OF RICHARD. WHAT I MOST REMEMBER ABOUT
THIS MAN WHO I STAYED FRIENDS WITH FOR MANY YEARS, YOU KNOW, AFTER HE
-- HE LEFT OUR CHAMBER, HIS -- HIS DETERMINATION AND TO NEVER LET GO.
AND -- AND IF YOU REMEMBER BACK IN THE, I GUESS IT WAS THE 80'S --
EXCUSE ME, THE '08 OR '09 OR SOMETHING LIKE THAT, WE WERE DEBATING THE
FINANCING OF YANKEE STADIUM. AND RICHARD, WHO WAS HEAD OF
CORPORATIONS AT THAT TIME WAS VERY MUCH AGAINST ALL THE FINANCING AND
EVERYTHING WE WERE DOING FOR THE YANKEES. AND -- AND YEARS LATER,
RICHARD AND I WENT TO THE BALL GAME. AND AS SOON AS WE GOT OUT OF THE
CAR AND STARTED WALKING, HE WAS COMPLAINING, SEE? YOU SEE THAT
MARBLE AT THE BASE OF YANKEE STADIUM? THAT WAS NOT IN THE BUDGET AT
ALL, AND THIS IS WHAT WE HAD TO PAY FOR. AND THEN WHEN WE GOT UP TO
THE SEATS THAT WE HAD, HE WAS COMPLAINING AGAIN, YOU SEE, THE ANGLE TO
HOME PLATE PARTIALLY IS CUT OFF HERE. THAT SHOULD BE NOTED ON THE
TICKET, YOU KNOW? AND I FINALLY HAD TO TALK TO HIM AND JUST SAY,
RICHARD, DO ME A FAVOR. JUST RELAX. SETTLE DOWN AND ENJOY THE GAME.
BUT THAT WAS THE ESSENCE OF RICHARD. ALWAYS FIGHTING AND USUALLY
RIGHT ON WHAT HE WAS FIGHTING ABOUT. MY GOD, I'LL MISS RICHARD. I'LL
MISS THEM ALL. MAY THEY ALL REST IN PEACE, AND NEW YORK IS A BETTER
PLACE FOR HAVING THEM ALL. GOD BLESS THEM.
THANK YOU.
108
NYS ASSEMBLY MAY 26, 2021
SPEAKER HEASTIE: MIKE, JUST TO GIVE YOU A LITTLE
FUNNY STORY BEHIND THAT. YOU KNOW, RICHARD, IN HIS BATTLE WITH THE
YANKEES, RANDY LEVINE TOLD ME THEY NAMED THE HUGE SCOREBOARD IN
YANKEE STADIUM THE OFFICIAL RICHARD BRODSKY SCOREBOARD, SO...
MR. DINOWITZ ON THE RESOLUTION.
MR. DINOWITZ: THANK YOU. YOU KNOW, I -- I
NEVER REALIZED IT WHEN I FIRST GOT ELECTED HOW MUCH IT WOULD HURT WHEN
SOME OF OUR COLLEAGUES LEFT US. BUT IN THE PAST, I GUESS, YEAR OR TWO,
WE -- WE LOST A LOT OF LONG-TIME MEMBERS. YOU KNOW, WHEN -- WHEN
NETTIE MAYERSOHN DIED, IT -- IT REALLY HURT. RICHARD BRODSKY, IT HURT.
DAVID GANTT, BILL MAGEE, IT HURTS WHEN -- WHEN PEOPLE LEAVE US. BUT I
GOT TO TELL YOU, WHEN AURELIA GREENE DIED A FEW WEEKS AGO IT REALLY,
REALLY HURT. THE SPEAKER HAD MENTIONED AT HER FUNERAL THAT AS LONG AS
HE'D KNOWN AURELIA GREENE, SHE HAD THAT STRIKING WHITE HAIR. AND
WHEN I SPOKE I HAD SAID, WELL, I ACTUALLY KNEW AURELIA GREENE WHEN
SHE HAD DARK HAIR. AND THE TRUTH IS WE MET PROBABLY AROUND CLOSE TO
45 YEARS AGO, IF YOU CAN BELIEVE IT. I WAS -- I WAS A TODDLER, I GUESS.
BUT WE HAD KNOWN EACH OTHER FOR THAT LONG. WE HAD WORKED TOGETHER
ON A NUMBER OF -- OF THINGS, PETITIONS, YOU KNOW, POLITICAL STUFF. WE
WEREN'T IN THE SAME DISTRICT, BUT SHE WAS BUILDING A STRONG MOVEMENT
IN HER WHAT WAS THEN THE 76TH ASSEMBLY DISTRICT. AND SHE WENT ON TO
BE ELECTED AS A DISTRICT LEADER AND THEN IN 1982 THE SEAT BECAME VACANT
FOR ASSEMBLY AND SHE RAN IN A SPECIAL ELECTION. AND I REMEMBER -- I
REMEMBER KNOCKING ON DOORS FOR HER, LIKE, ON THE BLOCK WHERE TAFT
HIGH SCHOOL IS AND IN SOME OTHER PLACES. I THINK IT WAS IN MARCH OF
109
NYS ASSEMBLY MAY 26, 2021
'82. AND IT WAS A HUGE VICTORY. IT WAS A VERY EXCITING VICTORY. AND
LITTLE DID I KNOW AT THAT TIME THAT ONE DAY I WOULD RUN FOR THE ASSEMBLY
AND SERVE WITH HER, IT WAS -- IT WAS CERTAINLY THE FARTHEST THING FROM MY
MIND AT THE TIME. BUT HER TENURE IN THE ASSEMBLY WAS -- IT WAS
DISTINGUISHED AS -- AS ANYBODY COULD IMAGINE. NOT JUST THE FACT THAT
SHE CHAIRED THE BANKING COMMITTEE, THE FACT THAT SHE BECAME THE
SPEAKER PRO TEM, BUT HER LEGISLATIVE ACCOMPLISHMENTS. AND I KNOW
WHAT SHE DID IN HER DISTRICT. DESPITE ALL OF HER WORK IN ALBANY SHE
KNEW EVERYBODY IN THE DISTRICT. SHE SERVED THE DISTRICT AND PEOPLE
REALLY ADORED HER. AND IT WAS -- I WAS VERY, I GUESS, UPSET IN A WAY
THAT SHE LEFT THE ASSEMBLY TO GO TO THE BOROUGH HALL TO BECOME DEPUTY
BOROUGH PRESIDENT. BUT I ALSO KNEW THAT THAT WAS A GREAT THING. SHE
SERVED 27 YEARS IN THE STATE ASSEMBLY. THAT'S A PRETTY LONG TIME. IN
FACT, I GUESS IN SOME WAYS I FOLLOWED IN HER FOOTSTEPS. I BECAME AN
ASSEMBLYMEMBER, EVENTUALLY I BECAME CHAIR OF THE BRONX DELEGATION
JUST LIKE HER. AND RECENTLY I THINK MY -- MY OWN TENURE IS AS LONG AS
HERS. IN FACT, A LITTLE BIT LONGER. BUT SHE WAS ALWAYS SUCH A GREAT
EXAMPLE FOR EVERYBODY. ANYBODY COULD GO TALK TO HER TO GET ADVICE, TO
GET HER OPINION ON SOMETHING AND SHE WAS NEVER JUDGMENTAL. I
REMEMBER WHEN SHE SAT UP THERE WHERE THE SPEAKER IS NOW, YOU KNOW,
SHE -- SHE NEVER HAD TO RAISE HER VOICE. SHE COULD GIVE SOMEBODY THE
LOOK AND THEY'LL BE QUIET. THEY'LL STOP, YOU KNOW, TALKING TO THEIR
NEIGHBOR. I KNOW THAT BECAUSE SHE OFTEN DID THAT TO ME. I THINK IT'S FAIR
TO SAY THAT THERE IS NOBODY THAT WAS INVOLVED IN BRONX POLITICS THAT WAS
AS DISTINGUISHED AS HER, AS -- THAT WAS AS WELL-RESPECTED AS HER, BECAUSE
110
NYS ASSEMBLY MAY 26, 2021
EVEN IF PEOPLE MAY HAVE HAD SOME DISAGREEMENTS WITH HER - AND VERY
FEW DID - PEOPLE ALWAYS LOVED HER. THEY ALWAYS LOVED HER. AND I CAN
TELL YOU THAT THE BRONX IS A BETTER PLACE FOR IT BECAUSE OF AURELIA
GREENE AND THE STATE'S IN A BETTER PLACE BECAUSE OF AURELIA GREENE.
I MISS HER, I ADORED HER, I LOVED HER AND I THINK WE ALL
DID. MAY SHE REST IN PEACE.
ACTING SPEAKER AUBRY: MR. SALKA.
MR. SALKA: MR. SPEAKER.
ACTING SPEAKER AUBRY: YES, SIR.
MR. SALKA: FIRST OF ALL, I WANT TO SAY WHAT AN
HONOR IT IS TO HAVE BEEN THE SUCCESSOR OF BIG BILL MAGEE. THERE'S
MANY PEOPLE IN THIS CHAMBER THAT THE OPPORTUNITY AND THE HONOR OF
WORKING WITH BILL. AND AS HIM BEING A FRIEND OF OUR FAMILY'S FOR A
LONG TIME WE GOT TO KNOW BILL VERY, VERY WELL. YOU KNOW, BILL WAS
THE KIND OF GUY THAT KNEW EVERYBODY AND EVERYBODY KNEW BILL.
ESPECIALLY THE MEMBERS OF OUR FARM COMMUNITY WHO HAD SUCH A --
SUCH A -- A GREAT AMOUNT OF RESPECT FOR BILL AND EVERYTHING THAT BILL
WAS ABLE TO DO FOR THEM. BUT NOT ONLY THE FARMERS, BUT BILL WAS A GREAT
FRIEND OF THE FIREMEN, ESPECIALLY THE VOLUNTEER FIREMEN IN OUR DISTRICT.
AND HE WAS ALSO A GREAT FRIEND OF OUR LOCAL HOSPITALS. AS A MATTER OF
FACT THERE'S A CLINIC NAMED AFTER BILL IN HAMILTON, NEW YORK AND IT WAS
SOMETHING THAT BILL WORKED HARD ON. AND I GUESS WHAT IT DID WAS IT
JUST ILLUSTRATED HOW MUCH BILL REALLY CARED FOR HIS COMMUNITY. YOU
KNOW, THERE'S ALWAYS STORIES THAT CAN BE TOLD ABOUT EVERY
REPRESENTATIVE, AND I HAVE A -- A FEW OF MY OWN ABOUT BILL. MANY
111
NYS ASSEMBLY MAY 26, 2021
YEARS AGO I WAS THE PRESIDENT OF OUR SCHOOL BOARD, IN A SMALL SCHOOL OF
BROOKFIELD CENTRAL, ABOUT 260 KIDS FROM K-12. BILL LOVED SMALL
SCHOOLS. HE LOVED ALL SCHOOLS, BUT HE LOVED SMALL SCHOOLS IN PARTICULAR
IN FARM COMMUNITIES. BUT WE WERE SITTING THERE AS BILL DID A TOUR OF
OUR SCHOOL AND WE WERE IN THE CAFETERIA WITH THE SCHOOL SUPERINTENDENT
AND MYSELF. AND THERE WAS A CONTAINER OF MILK ON THE -- ON THE TABLE
AND HE LOOKED UP AND PICKED IT UP AND HE LOOKED AT IT AND HE SAID, HOW
COME THIS MILK ISN'T FROM NEW YORK STATE? SO BILL WAS ABLE TO
RECOGNIZE AND TO CAPTURE WHAT HE KNEW THE PRIORITIES OF NOT ONLY HIS
DISTRICT WERE, BUT THE ENTIRE FARM COMMUNITY IN -- IN NEW YORK. AND
ANOTHER STORY IS ONE TIME I WAS ROLLING AROUND THE HILLS OF -- DRIVING
AROUND THE HILLS OF MADISON COUNTY I WAS BEHIND THIS OLD BEAT UP
STATION WAGON. IT WAS KIND OF SMOKING A BIT AND DRIVING ABOUT 35 AN
HOUR UP A HILL, AND I SAID TO MYSELF, WHO IS THIS? SO I PASSED HIM, AND
THERE IT WAS, BIG BILL MAGEE IN AN OLD BEAT UP PICKUP -- STATION WAGON,
AND OF COURSE WITH A CIGAR IN HIS MOUTH AND JUST KIND OF NODDED TO ME.
AND HE WAS -- HE WAS JUST A GUY WHO KIND OF -- KIND OF TOOK THINGS IN
STRIDE AND DIDN'T HAVE A LOT TO SAY TO A LOT OF PEOPLE. BUT WHEN BILL DID
HAVE SOMETHING TO SAY, YOU KNEW YOU HAD TO LISTEN AND YOU KNEW THAT
HE MEANT IT. I -- I'VE ALWAYS SAID THAT BILL'S -- YOU KNOW, I HAD BIG
SHOES TO FILL WHEN IT CAME TO TAKING OVER FOR BILL MAGEE, AND IT'S
SOMETHING THAT'S -- IT'S A LAUDABLE GOAL IN MY BOOK. BUT WE KNEW THAT
BILL MAGEE WAS THE PERFECT MAN FOR HIS DISTRICT. HE WAS A DOWN-HOME
TYPE OF A GUY. HE DIDN'T HAVE A LOT TO SAY TO A LOT OF PEOPLE, LIKE I SAID.
BUT WHEN BILL TALKED ABOUT AGRICULTURE, I THINK EVERYBODY IN THIS
112
NYS ASSEMBLY MAY 26, 2021
CHAMBER AT ONE POINT OR ANOTHER KNEW THAT THEY HAD TO LISTEN BECAUSE
BILL REALLY KNEW WHAT I TALK -- WHAT HE WAS TALKING ABOUT. AND HIM
AND HIS -- HIM AND HIS WIFE JEANETTE LIVED A QUIET LIFE IN NELSON, NEW
YORK ON -- ON ROUTE 20. AND ONE OF THE -- ONE OF THE THINGS THAT I'LL BE
PROUD TO BE DOING IS NAMING A PART OF THE HIGHWAY -- HIGHWAY IN
CAZENOVIA AS THE BILL MAGEE MEMORIAL HIGHWAY. BILL KNEW MANY,
MANY PEOPLE IN THE CAZENOVIA AREA. HE WAS LOVED BY PEOPLE IN THE
CAZENOVIA AREA AND THROUGHOUT HIS DISTRICT. AND I JUST WANT TO SAY THAT
IT WAS AN HONOR TO KNOW BILL MAGEE. YOU KNOW, HE WAS MY OPPONENT
IN THREE ELECTIONS, BUT WE ALWAYS HAD A MUTUAL AMOUNT OF RESPECT FOR
EACH OTHER AND I ALWAYS THANKED BILL FOR HIS SERVICE BECAUSE I KNEW
THAT BILL MAGEE WAS GOING TO BE A VERY, VERY TOUGH GUY TO REPLACE. SO
I WANT TO SAY WITH ALL SINCERITY, REST HIS -- GOD REST HIS SOUL. AND BILL
WAS DEFINITELY CONSIDERED ONE OF A KIND AND DEFINITELY AN ASSET TO -- TO
THIS CHAMBER. AND THANK YOU FOR THIS OPPORTUNITY TO RECOGNIZE THE
MEMORY OF ASSEMBLYMAN BILL MAGEE.
ACTING SPEAKER AUBRY: MR. THIELE.
MR. THIELE: THANK YOU, MR. SPEAKER. AND TO HEAR
THESE RECOLLECTIONS AND THESE MEMORIES TODAY ARE SO UPLIFTING FOR ALL OF
US ABOUT OUR FORMER COLLEAGUES. IT'S MY HONOR AND PRIVILEGE TO TALK
ABOUT MY PREDECESSOR IN THE NEW YORK STATE ASSEMBLY, JOHN BEHAN.
AT A TIME WHEN THE WORD IS THROWN AROUND FAR TOO CARELESSLY, JOHN
BEHAN WAS A TRUE AMERICAN HERO. HIS LIFE WAS DEDICATED TO SERVING HIS
COUNTRY, HIS STATE AND HIS COMMUNITY. AS A UNITED STATES MARINE IN
VIETNAM, HE FOUGHT BRAVELY AND COURAGEOUSLY FOR HIS COUNTRY AND WAS
113
NYS ASSEMBLY MAY 26, 2021
SERIOUSLY WOUNDED, LOSING BOTH OF HIS LEGS IN MAY 1966. UNDETERRED
BY HIS SEVERE INJURIES, JOHN RETURNED HOME TO A LIFE OF ACHIEVEMENT AND
COMMUNITY SERVICE. HE LEARNED TO WALK AGAIN WITH THE USE OF ARTIFICIAL
LIMBS, AND HE REPRESENTED HIS COUNTRY AS A MEMBER OF THE U.S.
WHEELCHAIR OLYMPIC TEAM IN PERU IN 1972 AND CANADA IN 1976. HE
WAS THE TEAM CAPTAIN IN 1976. HE WON GOLD MEDALS IN THE JAVELIN,
MEDALED IN THE SHOT PUT, DISCUS AND AS A MEMBER OF THE U.S. BASKETBALL
TEAM. IN 1976 NEWSWEEK MAGAZINE NAMED HIM AS ONE OF 46
AMERICANS WHO BEST REPRESENTED OUR NATION IN ITS BICENTENNIAL YEAR.
HE SERVED AS THE EAST HAMPTON TOWN ASSESSOR, AND THEN SUCCEEDED
PERRY DURYEA AS STATE ASSEMBLYMAN IN 1978, SERVING FOR 16 YEARS
BEFORE BECOMING THE STATE DIRECTOR OF THE DIVISION OF VETERANS
AFFAIRS. HE WAS BORN ON VETERAN'S DAY IN COLLEGE POINT, QUEENS.
JOHN'S LIFE AND POLITICAL CAREER WERE DEDICATED FIRST TO HELPING THE
NATION'S VETERANS, PARTICULARLY HIS FELLOW VIETNAM VETERANS WHO FACED
UNPRECEDENTED OBSTACLES COMING HOME FROM AN UNPOPULAR WAR. HIS
EFFORTS WERE CRUCIAL IN GETTING THE PUBLIC TO SEPARATE THE PLIGHT AND
NEED OF THE VETERANS FROM THE POLITICS OF THE WAR. HIS IMPASSIONED
SPEECH ON THE FLOOR OF THE ASSEMBLY LED TO THE CREATION OF THE FIRST
ASSEMBLY STANDING COMMITTEE ON VETERANS' AFFAIRS, OF WHICH HE
BECAME THE FIRST RANKING MEMBER. AND I'M SURE OUR COLLEAGUE AND
FELLOW VIETNAM HERO, OUR SERGEANT-OF-ARMS WAYNE -- WAYNE
REMEMBERS VERY WELL THAT SPEECH AND THAT DAY, AND I'M SURE WAYNE,
WHO WAS A GREAT FRIEND OF JOHN'S, REMEMBERS ALL THE ADVOCACY FOR
VIETNAM VETERANS. IN 1985 JOHN LED THE HISTORIC NEW YORK STATE
114
NYS ASSEMBLY MAY 26, 2021
DELEGATION TO THE REPUBLIC OF VIETNAM. HE HAD -- IN APRIL OF THAT YEAR
JOHN WAS HONORED TO LEAD, ALONG WITH MAYOR ED KOCH, NEW YORK
CITY'S WELCOME HOME PARADE TO VIETNAM VETERANS DOWN THE FAMED
CANYON OF HEROES. EVERY ONE OF US CAN POINT TO A FEW PEOPLE IN OUR
LIVES WHO WERE MENTORS THAT TRULY MADE A DIFFERENCE IN OUR LIVES. JOHN
BEHAN WAS ONE OF THOSE PEOPLE IN MY LIFE. AS A RECENT LAW SCHOOL
GRADUATE IN 1979, JOHN BEHAN TOOK A CHANCE ON ME AND HIRED ME TO BE
HIS COUNSEL. WE WORKED CLOSELY TOGETHER ON BILLS FOR JUSTICE FOR
VETERANS AND ADVOCATING FOR THE NEEDS OF LONG ISLAND. BUT MORE
IMPORTANT THAN ANY ISSUE WAS THE EXAMPLE THAT HE SET AS A PERSON. HE
WAS INSPIRING TO ALL WHOM HE TOUCHED. WORKING FOR JOHN WAS NOT JUST
A JOB, I BECAME PART OF HIS FAMILY IN THE PROCESS. HIS GENEROSITY --
GENEROSITY TO ME SPARKED MY CAREER IN GOVERNMENT. I TOLD HIM MANY
TIMES PUBLICLY AND PRIVATELY THAT I OWED HIM A DEBT OF GRATITUDE THAT I
COULD NEVER REPAY. I'VE HEARD FROM SO MANY PEOPLE SINCE JOHN'S
PASSING. THE SAME WORDS ARE REPEATED OVER AND OVER. "LARGER THAN
LIFE", "ICON", "HERO." INHERENT IN ALL THOSE COMMENTS IS THE WORD
"RESPECT." HE GOT IT AND HE GAVE IT, AND WE WERE ALL RICHER FOR HAVING
KNOWN HIM.
YOU KNOW THE ONE STORY I WANT TO JUST TELL ABOUT JOHN.
YOU KNOW, HE WAS IN THE MINORITY ALL 16 YEARS HE WAS HERE. HE WAS A
FRESHMAN IN 1980. HE PUT IN A BILL FOR VETERANS TO REOPEN THE STATUTE OF
LIMITATIONS WITH REGARD TO AGENT ORANGE. THERE ARE A LOT OF VETERANS
WHO HAD BEEN MADE SICK AND WHO HAD DIED BECAUSE OF AGENT ORANGE,
AND THE STATUTE OF LIMITATIONS CLOSED AFTER THREE YEARS. HE PUT IN A BILL
115
NYS ASSEMBLY MAY 26, 2021
THAT WOULD HAVE GIVEN THEM THE RIGHT TO -- TO -- TO GO BACK TO COURT.
AND, YOU KNOW, HE WAS TOLD, HEY, YOU'RE IN THE MINORITY. YOU'RE
NEVER GOING TO GET THIS BILL THROUGH, YOU'RE A FRESHMAN. HE WORKED
REALLY, REALLY HARD. HE ENDED UP, HE HAD 149 COSPONSORS FOR THIS BILL ON
AGENT ORANGE. THE ONLY SPONSOR, THE ONLY MEMBER HE DID NOT HAVE AS
A COSPONSOR WAS THE SPEAKER OF THE ASSEMBLY, STANLEY FINK. I CAN STILL
REMEMBER SPEAKER FINK WALKING OUT THAT DOOR THAT I CAN SEE RIGHT --
RIGHT HERE ON THE PICTURE OF THE CHAMBER, COMING OVER TO JOHN BEHAN
AND BASICALLY SAYING, I GIVE UP. HE COSPONSORED THE BILL AND THAT BILL
ENDED UP GETTING PASSED AND ENACTED INTO LAW. AND I THINK WE STILL
EXTEND THAT BILL ON AGENT ORANGE FROM TIME TO TIME. THAT JUST TELLS YOU
SOMETHING ABOUT THE PERSISTENCE FROM JOHN BEHAN AND HOW HE FOUGHT
FOR WHAT HE BELIEVED IN.
SO TODAY I -- I HONOR HIS LEGACY IN THE STATE ASSEMBLY.
MY CONDOLENCES GO TO HIS WIFE MARILYN; TO HIS CHILDREN, JACK, JASON
AND BRIDGET AND THE ENTIRE BEHAN FAMILY. WE REMEMBER YOU WELL,
JOHN. WE REMEMBER ALL THAT YOU'VE ACCOMPLISHED. YOU WERE A GREAT
MEMBER, YOU WERE A GREAT FRIEND. SEMPER FI, JOHN BEHAN.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. WHY ARE
WE HERE TODAY? SOME PEOPLE MAY WONDER, WHY ARE YOU REMINISCING
ABOUT ALL THESE OTHER PEOPLE? WELL, WE'RE NOT REALLY REMINISCING.
WE'RE HERE TO CELEBRATE THEIR LIVES AND TO HONOR THE CONTRIBUTIONS THEY
MADE TO MAKE THE LIVES OF THE PEOPLE OF THE STATE OF NEW YORK SO
116
NYS ASSEMBLY MAY 26, 2021
MUCH BETTER.
AS I CAME UP IN THE ELEVATOR I THOUGHT OF THE FIRST TIME
THAT I WAS IN THAT ELEVATOR. AND THAT IT WAS BEFORE EVEN DICK GOTTFRIED
WAS HERE. I WAS A STUDENT INTERN IN 1968, AND I STILL REMEMBER THE MEN
WHO WORKED THOSE ELEVATORS AND WHAT THOSE ELEVATORS LOOKED LIKE.
AND THOSE ELEVATORS, LIKE THE REST OF THE WORLD, HAVE CHANGED A LOT.
BUT THEY STILL DO WHAT THEY'RE SUPPOSED TO DO. THEY TAKE PEOPLE FROM
ONE FLOOR TO THE NEXT. AND THAT'S KIND OF WHAT THE ASSEMBLY IS ALL
ABOUT. TIMES HAVE CHANGED. WE HAVE CHANGED. BUT IT'S A VERY
IMPORTANT INSTITUTION, AND IT'S MAKING THINGS BETTER FOR THE PEOPLE OF THE
STATE OF NEW YORK. BUT LIKE SO MANY OTHER INSTITUTIONS, THAT PHRASE IS
SO ACCURATE THAT THE WHOLE IS GREATER THAN THE SUM OF ITS PARTS. WE ARE
TALKING ABOUT SOME OF THE PARTS TODAY. BUT THEY ALL HAD THE ABILITY TO
WORK WITH THE OTHER PARTS. THEY CONTRIBUTED THEIR PIECE, AND AS A
RESULT, NEW YORK GOT BETTER. I'D LIKE TO REMEMBER A FEW. DAVID GANTT,
I HAD VERY FEW INTERACTIONS WITH, BUT I UNDERSTAND WHY SOMEONE
DESCRIBED HIM AS REALLY BEING A GREAT GUY BEHIND THAT GRUFF EXTERIOR. I
REMEMBER I WAS TRYING TO GET A BILL OUT OF HIS COMMITTEE, WHICH WAS A
MAJOR TASK, AND I HAD A CHANCE TO PULL HIM ASIDE AND TALK TO HIM FOR A
MOMENT. AND WHEN I HIT A CERTAIN ISSUE, HIS EYES LIT UP AND HE LOOKED
AT ME AND HE SAID, YOU'RE RIGHT ON THAT. YOUR BILL IS COMING OUT OF
COMMITTEE. SO HE CARED ABOUT PEOPLE BECAUSE WHAT I WAS TELLING HIM
WAS HOW IMPORTANT THIS BILL WAS TO SOME PEOPLE IN MY COMMUNITY.
JOE FERRIS, I NEVER HAD A CHANCE TO MEET, BUT HE WAS
MY ASSEMBLYMAN. I WAS JUST GOING OFF TO LAW SCHOOL WHEN HE WAS
117
NYS ASSEMBLY MAY 26, 2021
ELECTED, SO I WAS LEAVING THE DISTRICT AND HE WAS TAKING OVER THE DISTRICT
BUT HE WAS MY PARENTS' ASSEMBLYMAN. AND HE HAD A REPUTATION. HE
WAS A REFORMER. HE WAS A LEADER. AND I RESPECTED HIS LEADERSHIP
BECAUSE I GOT TO SEE IT AS A STAFF MEMBER HERE. AND THERE'S ALSO A
LEADING ELECTION LAW CASE - I DO ELECTION LAW - NAMED AFTER HIM ON --
ON RESIDENTS ON A NOMINATING PETITION. WHOEVER PUT HIS PETITION
TOGETHER MADE A MISTAKE AND THE COURT OF APPEALS LEFT HIM ON THE
BALLOT. BUT HE WAS WELL-KNOWN IN BROOKLYN AND WELL-LIKED IN
BROOKLYN. AND HE COULD -- HE MADE A MAJOR CONTRIBUTION TO MOVING
BROOKLYN AND THE STATE OF NEW YORK FORWARD.
AND BILL MAGEE, I JUST REMEMBER BILL AS A REALLY,
REALLY NICE GUY. I SECOND WHAT MY COLLEAGUE SAID BEFORE, HE WAS A MAN
OF VERY FEW WORDS. BUT I HAVE FOND MEMORIES OF MY INTERACTIONS WITH
BILL.
AND OF COURSE, NOW RICHARD BRODSKY, MY
PREDECESSOR. I'M SAD BECAUSE THIS IS THE SECOND TIME IN THE LAST COUPLE
OF YEARS WHERE I'VE HAD A CHANCE TO STAND UP AND TALK ABOUT A
PREDECESSOR. BILL FINNERAN, WHO I KNEW VERY WELL, WAS HIS CAMPAIGN
TREASURER, SERVED IN THIS SEAT FOR A COUPLE OF TERMS. AND HE DIED LAST
YEAR. AND THEN THIS PAST YEAR NOW WE LOST RICHARD. I FOLLOWED
RICHARD IN HIS CAREER BEING HIS PEER AS OPPOSED TO BEING SOMEONE
MUCH YOUNGER THAN HIM. WHEN HE LEFT THE COUNTY LEGISLATURE I
EVENTUALLY TOOK HIS SEAT ON THE BOARD OF LEGISLATORS AND THEN HAD THE
OPPORTUNITY TO COME HERE WHEN RICHARD LEFT. RICHARD WAS VERY
WELL-RESPECTED IN OUR COMMUNITY. HE WAS SEEN AS A VERY, VERY STRONG
118
NYS ASSEMBLY MAY 26, 2021
LEADER AND SOMEBODY WHO MADE A DIFFERENCE IN OUR COMMUNITY. TO
SAY THAT HE HAD A STRONG PERSONALITY I GUESS IS AN UNDERSTATEMENT.
YOU'VE HEARD ALL OF MY COLLEAGUES TALK ABOUT HIM, AND THERE'S NOT MUCH
LEFT FOR ME TO SAY. I REMEMBER I CAME HERE AND I WAS TELLING EVERYBODY
I WAS GOING TO BE A KINDER, GENTLER VERSION OF RICHARD BRODSKY, AND
PEOPLE SAID, YOU'RE NOT RAISING THE BAR VERY HIGH, ARE YOU? BUT I
REALIZED VERY SOON THAT I WAS NOT GOING TO BE ABLE TO BE A REPLACEMENT
FOR RICHARD. THAT RICHARD HAD SUCH AN INFLUENCE HERE THAT I COULD
NEVER, EVER REACH THE SAME HEIGHTS THAT HE -- HE HAD HERE. RICHARD WAS
SMART, HE WAS QUICK. HE WAS INCISIVE. HE HAD THE ABILITY TO SEE THE
ISSUE RIGHT AWAY. FOR SO MANY OF US IT TAKES A WHILE TO MUDDLE THROUGH
IT TO UNDERSTAND WHAT'S REALLY IMPORTANT. HE HAD THE ABILITY TO GO RIGHT
TO -- TO SEPARATE THE WEAK FROM THE CHAMP VERY QUICKLY. AND HE ALSO
UNDERSTOOD POLITICS. HE UNDERSTOOD WHAT WAS POSSIBLE. BUT AT THE
SAME TIME, THAT NEVER STOPPED HIM FROM REACHING FURTHER. HE HAD A
MORAL COMPASS AND SPOKE OFTEN OF THE NEED TO FOLLOW WHAT WAS RIGHT.
I REMEMBER HIM TALKING SEVERAL TIMES WHEN HE WAS BEING ATTACKED
PERSONALLY AND HE CAME BACK AS A PREDECESSOR OF MICHELLE OBAMA
WHEN SHE SAID, THEY GO LOW, WE GO HIGH. RICHARD WOULD ALWAYS SAY,
STAY ON THE ISSUE. STAY ON THE ISSUE. TALK ABOUT THE ISSUE. DON'T TALK
ABOUT THE PERSON. HE WAS NOT AFRAID TO TAKE A CONTRARY POSITION. HE
BELIEVED VERY STRONGLY IN HIS OWN VIEWS AND THAT HE WAS RIGHT, AND AS
ONE OF MY COLLEAGUES SAID BEFORE, HE USUALLY WAS. HE WAS VERY
WELL-SPOKEN, AN EFFECTIVE DEBATER. ALWAYS COULD GET HIS POINT ACROSS
VERY SUCCINCTLY. AND IN SHORT, HE -- HE WAS A LEADER WHO MADE THIS
119
NYS ASSEMBLY MAY 26, 2021
PLACE, NEW YORK, A MUCH BETTER PLACE. I KNOW HE LOVED THE ASSEMBLY.
I KNOW HE WAS -- I THINK RELUCTANT TO LEAVE IT. HE HAD DONE SO MUCH
HERE. AND LIKE I SAID, ALL I -- ALL I CAN -- I CAN JUST SUM IT UP TO SAY THAT
HE MADE THE ASSEMBLY AND NEW YORK A MUCH BETTER PLACE. AND MAY
HE AND THE OTHERS ALL REST IN PEACE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: JOSE RIVERA.
MR. J. RIVERA: THANK YOU, MR. SPEAKER, FOR THIS
OPPORTUNITY TO LISTEN TO EVERYTHING THAT HAS BEEN SAID ABOUT MANY
OUTSTANDING INDIVIDUALS, MEN AND WOMEN WHO ARE NO LONGER WITH US.
FRED THIELE, MY COLLEAGUE, MENTIONED STANLEY FINK. MY FIRST
EXPERIENCE IN ALBANY WAS WITH STANLEY FINK AS THE SPEAKER. A GREAT
GUY, DYNAMIC GUY, DYNAMIC LEADER. AND WHEN WE WERE ABLE TO, AFTER
WORK, SOCIALIZE, HE WOULD ORGANIZE A SOFTBALL GAME. AND WE WOULD GO
OUT TO THE FIELD AND YOU WOULD SEE RICHARD BRODSKY AS THE PITCHER. SO
WHEN YOU HEAR ABOUT RICHARD BRODSKY AND THE NEW YORK YANKEES,
RICHARD WAS A PITCHER ALREADY BEFORE WE BUILT THE NEW YORK YANKEE
STADIUM.
SO, LAST YEAR, THE LAST TIME I WAS UP IN ALBANY, I
ATTEMPTED TO SPEAK WITH DAVID GANTT -- I DID SPEAK WITH DAVID GANTT.
AND BOTH ASSEMBLYWOMAN MARITZA DAVILA AND I SPOKE TO HIM ABOUT
MARITZA AS THE CHAIR OF THE TASK FORCE OF PUERTO RICAN AND HISPANICS
[SIC]. WE WERE GOING TO VISIT THE AREA, THE DISTRICT THAT DAVID
REPRESENTS. AND WE ALSO WERE GOING TO VISIT OUR MAJORITY LEADER'S
DISTRICT, CRYSTAL STOKES, BECAUSE THAT'S THE POWER THAT THE SPEAKER, CARL
HEASTIE, GAVE THE TASK FORCE THE ABILITY TO GO AND VISIT OUTSIDE OF THEIR
120
NYS ASSEMBLY MAY 26, 2021
OWN DISTRICT. IT WAS NEVER TO BE. NEVER TO BE. THE LAST TIME I SAW
DAVID GANTT WAS MAYBE SOMETIME EARLY IN MARCH. SEE, I WILL ALWAYS
REMEMBER DAVID GANTT FOR THE MANY WONDERFUL THINGS HE -- HE
CONTRIBUTED TO. BUT ALSO, HE AND I WERE THE LAST TWO MEMBERS OF THE
CLASS OF 1982 THAT WAS STILL IN THE ASSEMBLY TOGETHER. THAT MEANS I'M
THE ONLY ONE LEFT FROM THAT CLASS. THERE WERE 30 OF US, IF I REMEMBER.
NOW I'M IN THE BRONX, AND I COULD TELL YOU THAT WHEN I USED TO BE AN
ACTIVIST SOME PEOPLE USED TO CALL ME A RADICAL, A MOVE TO THE LEFT OF THE
LEFT. I RECALL I WAS -- I WAS AN ORGANIZER FOR THE CARPENTERS UNION AND I
RECALL AURELIA GREENE AS HOW SHE BEGAN TO GET INVOLVED AND ORGANIZE
THE STRUGGLE FOR BETTER EDUCATION WITHIN THE -- WITHIN THE SCHOOL SYSTEM.
THE PUBLIC SCHOOLS, WITH HER HUSBAND JEROME GREENE. THERE ARE -- IT'S
AMAZING. I WAS ORGANIZING AT THAT TIME AROUND THE VISIT OF JIMMY
CARTER IN 1978, AND WHEN HE PROMISED TO REBUILD THE BRONX -- BECAUSE
IF ANYONE WERE AROUND - AND YOU CAN LOOK IT UP - WHAT THE BRONX
LOOKED LIKE DURING THE ED KOCH ADMINISTRATION. WE WERE ABANDONED.
WE LOST 150 -- POPULATION OF 150,000 PEOPLE, MOSTLY IN THE SOUTHERN
PART OF THE BRONX. THE BRONX BEGAN TO LOOK LIKE BERLIN OF 1945. SO IT
WAS BY 1980 I HAD JOINED AURELIA AND OTHERS IN STRUGGLING FOR
RESOURCES AND TO BETTER OUR SCHOOLS IN THE BRONX. THERE WERE A COUPLE
OF OTHERS WHO THE WAY THAT LIFE IS TODAY ARE STILL AROUND ARE MEMBERS OF
THE ASSEMBLY. I REMEMBER JEFF DINOWITZ, ALWAYS A FIGHTER FOR BETTER
SCHOOLS, BETTER TEACHERS AND THE RESOURCES FOR OUR CHILDREN. HE WAS
PART OF THAT STRUGGLE.
SO HERE WE ARE TODAY. I FOUND MYSELF NOT SEEING
121
NYS ASSEMBLY MAY 26, 2021
AURELIA IN PERSON, BUT THEN I HEAR SHE PASSED. SO I FIND MYSELF GOING
TO THE WAKE THE FIRST DAY. SO I SHOWED UP AND I MET THREE WONDERFUL
INDIVIDUALS; AL VANN, ANNETTE ROBINSON AND ROGER GREEN. FORMER
MEMBERS OF THE NEW YORK STATE ASSEMBLY WHO MADE TREMENDOUS
CONTRIBUTIONS. SO, AL VANN AND ROGER BEGAN TO GO DOWN MEMORY
LANE, JUST LIKE WE'RE DOING NOW. SO -- AND THEY INSPIRED ME. THEY --
THEY GO BACK TO MY MIND THE GREAT WORK THAT AURELIA NOT ONLY HAD DONE
IN THE EARLIER YEARS AS AN ACTIVIST FOR CHILDREN, BUT THEN WHEN SHE GOT
ELECTED TO THE ASSEMBLY IN '82, ALSO. OKAY. I ALSO GOT ELECTED IN '82
AND AL VANN, WE SHARE THE EXPERIENCE. SEE, AL VANN, IN 1968 HE
ORGANIZED A RALLY, A DEMONSTRATION AGAINST ROCKEFELLER. I THINK IT WAS
'67 OR '68. ROCKEFELLER HAD COMMITTED HIMSELF AND THE ADMINISTRATION
TO INVEST $2 BILLION TO BUILD SOMETHING CALLED LOB. SOUND FAMILIAR?
LEGISLATIVE OFFICE BUILDING. NOW, IT'S INTERESTING. AL VANN WANTED
THE MONEY TO INSTEAD TO BE INVESTED IN HELPING OUR SCHOOLS AND OUR
CHILDREN. IT WAS NOT TO BE. SO STRANGE IN '82 I FIND MYSELF IN ALBANY
AND I DROVE UP DURING A SNOWSTORM IN MY 1968 CHEVY -- MY MUSTANG
CONVERTIBLE AND I GOT STUCK WHEN I GOT INTO THE PARKING LOT. AND
SECURITY SAID, YOU LOOK LIKE A CAR STRIPPER. YOU LOOK LIKE A MECHANIC.
THIS PLACE IS ONLY FOR THE ASSEMBLY. YOU CAN ASK AL VANN. AL VANN
TOLD, HEY, HE HAPPENS TO BE IN THE ASSEMBLY. SO THIS IS A LOT OF
WONDERFUL MOMENTS AND MEMORIES THAT WE CAN SPEAK OF. I FOUND
MYSELF IN ALBANY WITH AURELIA GREENE, ALSO A COLLEAGUE. AND YOU CAN
LOOK IT UP, IT'S ALL DOCUMENTED. SHE ALWAYS LIVED WITH A BLESSED SMILE,
BUT DON'T GET CONFUSED BECAUSE SOMETIMES PEOPLE CONFUSE A SMILE WITH
122
NYS ASSEMBLY MAY 26, 2021
WEAKNESSES OR -- OR WHATEVER. SHE WAS A STRONG LADY IN EVERY FIGHT.
THE MINUTE WE HELPED MARIO CUOMO GET ELECTED -- MARIO CUOMO ONLY
GOT ELECTED BECAUSE AT THAT TIME IN '82, THE BLACK AND THE PUERTO RICAN
IN THE STATE OF NEW YORK, THE STATE REALIZED WE COULD NOT AFFORD ED
KOCH BECAUSE ED KOCH HAD ABANDONED US DURING THOSE YEARS IN THE
REBUILDING OF THE BRONX. NO MATTER WHAT (INAUDIBLE). IT'S THE TRUTH.
IT'S ALL DOCUMENTED. SO NOW WE FIND OURSELVES SAYING IN A MEETING
WITH GOVERNOR CUOMO, THE FATHER, WE NEED YOUR HELP. YOU GOT ELECTED
BECAUSE WE DEFEATED ED KOCH TOGETHER. ED KOCH WAS THE PERSON THAT
WAS EXPECTED TO BE ELECTED BY THOSE -- BY EVERYBODY, BY ALL THE UNION
--
ACTING SPEAKER AUBRY: ASSEMBLYMAN --
ASSEMBLYMAN, WILL YOU PLEASE -- PLEASE WRAP IT UP. YOU'VE USED WAY
PAST YOUR TIME.
MR. J. RIVERA: I'M GOING TO CONCLUDE RIGHT NOW.
WE WON. SO AURELIA IS A MENTOR. SHE WAS INVOLVED IN EVERY FIGHT.
WE CAME OUT WITH MARTIN LUTHER KING DAY TO CELEBRATE. WE CAME OUT
WITH $4 MILLION FOR THE APOLLO THEATER. WE CAME OUT WITH MONEY FOR
THE (INAUDIBLE) SCHOMBURG LIBRARY IN HARLEM. SHE WAS AT THE
FOREFRONT. AND THE OTHER THING THAT WE DID, WE STOOD UP FOR MANDELA
AND THE FREEDOM OF SOUTH AFRICA. IT'S ALL DOCUMENTED.
MAGEE, MR. MAGEE, I THINK WE WORKED WITH HIM IN
THE AGRICULTURE. THANKS TO HIM I WAS ABLE TO TAKE SOME KIDS, 50 KIDS TO
VISIT THOSE WONDERFUL FARMS AND THE KIDS LEARNED ABOUT FARMING IN THE
STATE OF NEW YORK.
123
NYS ASSEMBLY MAY 26, 2021
MR. SPEAKER, THANK YOU FOR YOUR PATIENCE AND I --
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MEEKS.
MR. MEEKS: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO SPEAK ON THIS RESOLUTION. I WOULD BE REMISS IF I DIDN'T
TAKE THE OPPORTUNITY TO RECOGNIZE THE -- THE MAN, THE GIANT IN WHICH
WHOSE -- WHOSE SHOULDERS I STAND UPON, AND THAT IS ASSEMBLYMEMBER
DAVID GANTT. I HAD THE OPPORTUNITY OF MEETING DAVID WHEN I WAS
MUCH YOUNGER. IF YOU WERE FROM THE ROCHESTER COMMUNITY, YOU KNEW
OF DAVID GANTT. OUTSIDE OF HIS POLITICS YOU OFTEN HEARD ABOUT HIMSELF
AND THE CREW OF OTHER BROTHERS WHO ATTENDED FRANKLIN HIGH SCHOOL
WHO WERE KNOWN AS, LIKE, THOROUGHBREDS OF THEIR TIME, RUNNING THINGS
SUCH AS THE 440 IN WHICH WE WOULD OFTEN TALK ABOUT COMPARING THE 440
TO THE 400. SO THE YOUNGER GUYS, WE RAN THE 400 AND THE OLD-TIMERS RAN
THE 440. AND THEY WOULD OFTEN SAY THAT, YOU KNOW, YA'LL CAN'T
COMPARE TO US BECAUSE WE -- WE RAN THAT 440. DAVID WAS THE FIRST TO
SIT IN THAT SEAT IN WHICH WAS THE 133RD ASSEMBLY DISTRICT AND
EVENTUALLY TURNED TO THE 137TH. HE SERVED IN THAT POSITION FOR 37 YEARS,
REPRESENTING THE ROCHESTER COMMUNITY. IN MY DAYS OF RUNNING TRACK, I
WAS OFTEN EXCITED ABOUT COMING IN FIRST PLACE AND BEING THE FIRST TO
COME ACROSS THE FINISH LINE. BUT I AM HONORED TO BE THE SECOND
INDIVIDUAL TO HOLD THIS SEAT AND TO TAKE ON THIS TORCH. YOU KNOW,
DAVID -- WHEN I WAS AT THE AGE OF 16 I HAD AN OPPORTUNITY TO INTERN IN
HIS OFFICE AND I WAS WORKING DIRECTLY UNDER WADE NORWOOD. AND
DAVID WOULD OFTEN SHARE HIS DIFFERENT STORIES, AND ONE OF THE STORIES
124
NYS ASSEMBLY MAY 26, 2021
THAT HE SHARED MADE ME, YOU KNOW, REALLY, LIKE, LOOK UP TO HIM AND
WHICH I RECOGNIZED HIM AS -- AS MY HERO. PART OF THAT WAS BECAUSE
WHEN I WAS SEVEN YEARS OLD AND I HAD AN OPPORTUNITY TO GO TO AN
AMUSEMENT PARK AS A CHILD WITH THE SUMMER CAMP THAT I ATTENDED, I
REMEMBER BEING CALLED THE "N" WORD. AND I LOOKED AND, YOU KNOW,
JUST DIDN'T KNOW HOW TO RESPOND. IT WAS A GROUP OF OLDER WHITE
INDIVIDUALS WHO CALLED ME THE "N" WORD AND NEVER HAD BEEN, YOU
KNOW, TALKED TO IN THAT MANNER AND THAT WAS MY FIRST TIME EVER, YOU
KNOW, BEING REFERRED TO IN THAT MANNER. SO I WENT HOME LATER AND TOLD
MOM ABOUT IT AND, YOU KNOW, NOT MUCH CAME OF IT. AND AT THE AGE OF
16 I REMEMBER INTERNING IN DAVID'S OFFICE AND EVENTUALLY, YOU KNOW,
WE BUILT A RELATIONSHIP, AND HE SHARED WITH ME, YOU KNOW, HOW HE
CAME TO ROCHESTER. AND IT STEMMED FROM A WHITE KID IN THE SOUTH
WHERE HE GREW UP CALLING HIM THE "N" WORD, AND HE RESPONDED BY
SOCKING HIM IN THE FACE. HIS MOM IMMEDIATELY TOLD HIM, WE HAVE TO
LEAVE. AND THE REASON THEY HAD TO LEAVE WAS HE COULD HAVE POTENTIALLY
BEEN LYNCHED FOR HIS ACTIONS ON THAT DAY. BUT ONE THING THAT I COULD
TRULY APPRECIATE IS HE HAS ALWAYS BEEN AND ALWAYS WAS AN ACTIVIST. HE
WAS A VISIONARY AND HE WAS A PIONEER, AND I'M JUST GRATEFUL TO BE ABLE
TO STAND IN THIS POSITION, NOT LOOKING TO FILL HIS SHOES, BUT LOOKING TO
CONTINUE TO RUN THE RACE.
SO I JUST WANT TO SAY THANK YOU FOR DAVID GANTT AND
THE WORK THAT HE'S DONE AND THE LEGACY THAT HE LEAVES BEHIND. THANK
YOU.
ACTING SPEAKER AUBRY: MR. MCDONALD.
125
NYS ASSEMBLY MAY 26, 2021
MR. MCDONALD: THANK YOU, MR. SPEAKER. YOU
KNOW, I'VE ONLY BEEN HERE NINE YEARS NOW, AND I REMEMBER MY FIRST
YEAR SOME ADVICE WAS IMPARTED ON THE MEMBERS ON ORIENTATION SAYING,
IF YOU'RE SMART AND KEEP YOUR MOUTH SHUT AND LISTEN, YOU MIGHT
ACTUALLY LEARN SOMETHING. AND I REMEMBER MY FIRST MEMORIAL
RESOLUTION JUST LIKE I REMEMBER TODAY, AND HOW I HEARD OTHER MEMBERS
TALK ABOUT INDIVIDUALS THEY MET ALONG THE WAY AND THE IMPACT THOSE
INDIVIDUALS HAD NOT ONLY THROUGH LEGISLATION BUT ALSO THEIR PERSONAL
RELATIONSHIPS, WHICH I THOUGHT WAS VERY MEANINGFUL. AND LIKE OUR
MAJORITY LEADER, FOR SOME REASON -- I GUESS I MUST BE GETTING OLDER
BECAUSE I KNOW SEVEN OR EIGHT OF THE INDIVIDUALS WE'RE RECOGNIZING
TODAY.
JOE ERRIGO, OF COURSE, SAT BEHIND ME FOR A COUPLE OF
YEARS. ONE OF THE MOST QUIET, NICEST GENTLEMEN WHO STEPPED IN TO
SERVE THE COMMUNITY AT A DIFFICULT TIME IN HIS DISTRICT.
BILL MAGEE. ONCE AGAIN, I STILL HAVE A HARD TIME
UNDERSTANDING HOW A MAN OF SUCH FEW WORDS WAS AN AUCTIONEER. BUT
WHENEVER YOU ASKED OF HIM FOR SOMETHING, HE GAVE IT TO YOU WITHOUT
ANY HESITATION.
DICK GOTTFRIED MENTIONED THE FACT THAT THE ONLY
MEMBER HE DIDN'T SERVE WITH WAS JACK TABNER. I KNEW JACK TABNER.
JACK TABNER WAS THE LONGTIME ALBANY COUNTY REPUBLICAN LEADER, BUT
HE AND I SERVED IN THE EARLY 1990'S AS THE FOUNDING MEMBERS OF THE
MARJORIE DOYLE ROCKWELL CENTER IN MY HOMETOWN OF COHOES, LONG
BEFORE I GOT INVOLVED IN POLITICS. WE THOUGHT IT WAS A GOOD IDEA TO
126
NYS ASSEMBLY MAY 26, 2021
BUILD A RESIDENCE FOR INDIVIDUALS WHO AT THAT TIME WE WERE STILL
UNDERSTANDING WHAT ALZHEIMER'S WAS ALL ABOUT. AND WE BUILT A
STATE-OF-THE-ART, ONE-OF-A-KIND FACILITY IN UPSTATE NEW YORK. JACK WAS
A TRUE GENTLEMAN.
BILL LARKIN, I DID NOT KNOW UNTIL I GOT HERE TO THE
LEGISLATURE. WHAT I DIDN'T REALIZE, ALTHOUGH HE'S FROM THE NEWBURGH
AREA AND WAS REFERENCED EARLIER WAS THAT HE KNEW MORE ABOUT TROY AND
COHOES, DISTRICTS OF MINE, AND MY RELATIVES THAT I ACTUALLY KNEW. SO HE
CAME FROM OUR REGION ORIGINALLY AND WAS A GREAT, GREAT PUBLIC SERVANT,
WHO IF YOU MET HIM FOR FIVE MINUTES YOU RESPECTED HIM IMMENSELY.
FRED FIELD. FRED FIELD SERVED IN THIS HOUSE, BUT WAS
ALSO THE SUPERVISOR OF THE TOWN OF COLONIE WHICH IS THE LARGEST TOWN
IN THE CAPITAL REGION. AND I WAS THE MAYOR OF THE CITY OF COHOES.
WE WERE NEIGHBORS. ELECTED OFFICIALS WORKING TOGETHER. YOU COULDN'T
FIND A MORE KINDER, CHARISMATIC GENTLEMAN THAN FRED FIELD. MY FIRST
YEAR OR SO AS MAYOR, I WAS ASKED TO REPLACE FRED FIELD AS HE WAS
RETIRING TO BE THE CHAIR OF WHAT WE KNOW WAS CALLED THE CAPITAL
DISTRICT TRANSPORTATION COMMITTEE, WHICH WAS THE METROPOLITAN
PLANNING ORGANIZATION THAT FUNNELED ALL OF THE HUNDREDS OF MILLIONS OF
DOLLARS FOR TRANSPORTATION PROJECTS THROUGHOUT THE CAPITAL REGION. AND
I REMEMBER FRED ASKING ME TO TAKE OVER THAT POSITION. AND I WAS LIKE,
GEEZ, FRED. YOU KNOW, I'VE ONLY BEEN DOING THIS MAYOR THING FOR A
COUPLE YEARS. I DON'T KNOW A LOT ABOUT THIS STUFF. HE SAYS, NO, JOHN.
BUT YOU KNOW WHAT? YOU'RE A BUSINESSMAN. YOU WANT TO GET THINGS
DONE, AND THAT'S WHAT THIS BOARD IS HERE TO DO, IS TO GET THINGS DONE.
127
NYS ASSEMBLY MAY 26, 2021
AND FRED REMAINED A GREAT FRIEND FOR SEVERAL, SEVERAL YEARS. HE WOULD
OFTEN VISIT ME AT THE PHARMACY BECAUSE HIS WIFE WORKED AT THE DENTIST
OFFICE DOWN THE STREET.
RICHARD BRODSKY WAS A VERY INTRIGUING INDIVIDUAL.
YES, HE WAS BRIGHT. YES, HE WAS QUICK. I REMEMBER WHEN HE WAS
PUSHING -- BECAUSE I WAS STILL A MAYOR AT THE TIME AND I WAS THE CHAIR
OF OUR IDA AND OUR LDC -- HE WAS PUSHING HIS (INAUDIBLE). AND
EVERYBODY WAS MOANING AND COMPLAINING ABOUT ALL OF THESE NEW
REGULATIONS. AND I SAID, WELL, HOLD ON A SECOND, FOLKS. ALL HE'S ASKING
FOR IS GREATER TRANSPARENCY AND ACCOUNTABILITY OF PUBLIC DOLLARS.
THAT'S NOT REALLY A HEAVY LIFT, BY ANY STRETCH OF THE IMAGINATION. AND
ALTHOUGH I DIDN'T SERVE WITH HIM I RESPECTED THE WORK THAT HE DID. I
RESPECTED HIS INTRIGUE IN LOCAL GOVERNMENT AND THE IMPACT THAT LOCAL
GOVERNMENT HAS ON PEOPLE'S LIVES.
AND FINALLY, WHAT'S A COMMENT WITHOUT A DAVID GANTT
STORY? AS A FRESHMAN I INHERITED A BILL FROM MY PREDECESSOR, RON
CANESTRARI, TO RENAME THIS PART OF THE ROADWAY IN SARATOGA COUNTY
FROM WATERFORD UP TO SARATOGA, CALLED THE VETERAN'S -- SARATOGA
COUNTY VETERAN'S HIGHWAY. AND I REMEMBER ASKING HIM, WELL, WHAT
DO YOU THINK THE CHANCE IS? HE GOES, GOOD LUCK. GANTT'S NOT GOING TO
LET IT HAPPEN. AND AS A MATTER OF FACT, ANYBODY I TALKED TO AROUND HERE
SAID, GOOD LUCK. GANTT'S NOT GOING TO LET IT HAPPEN. AND ONE TIME I
SAID TO THE ANALYST, I SAID, WHAT DO I GOT TO DO TO GET THIS BILL PASSED,
BECAUSE IT PASSES IN THE SENATE EVERY YEAR? SHE SAID, WELL, IF YOU FEEL
THE COURAGE, GO TALK TO THE CHAIRPERSON. NOW, DAVID WOULD SIT OVER
128
NYS ASSEMBLY MAY 26, 2021
THERE OR HE WOULD SIT IN THE BACK OF THE CONFERENCE ROOM. HE WASN'T
THE MOST WARM AND FRIENDLY PERSON. HE REALLY DIDN'T HAVE A SIGN UP
THERE SAYING "COME VISIT ME." AND I REMEMBER GOING OVER THERE. I
WAS QUIVERING A LITTLE BIT BECAUSE I NEVER REALLY DEALT WITH HIM BEFORE.
AND I SAID, DAVID, I REALLY LIKE THIS BILL. WOULD YOU PASS IT? IT WOULD
BE MY FIRST BILL THAT THE GOVERNOR WOULD SIGN AND IT WOULD MEAN AN
AWFUL LOT TO ME. HE LOOKED AT IT, LOOKED UP AT ME AND HE SAYS, I HATE
HIGHWAY BILLS. I DON'T LIKE THEM. I SAID, WELL, DAVID IT'S A VETERAN'S
HIGHWAY. WHAT'S NOT TO LIKE? OH, I GET IT BUT I'M JUST SO SICK AND TIRED
OF THESE VETERANS BILLS. SO I'M WALKING AWAY A LITTLE BIT AND I TURNED
AROUND AND I SAID, DAVID, CAN I ASK YOU SOMETHING? DOES IT MAKE A
DIFFERENCE THAT THIS VETERAN'S HIGHWAY DRIVES RIGHT PAST THE JERRY
SOLOMON NATIONAL VETERANS CEMETERY IN SARATOGA? HE SAID, WHY
DIDN'T YOU SAY THAT TO ME IN THE FIRST INSTANCE? YOUR BILL IS GOING TO GET
PASSED. (INAUDIBLE). AND IT WAS A VERY GREAT MOMENT. AND IT WAS
ACTUALLY AN OPPORTUNITY TO CREATE A BOND WITH AN INDIVIDUAL THAT I DIDN'T
THINK I'D EVER HAVE A BOND WITH.
AND IN CLOSING, YOU KNOW, IT'S INTERESTING. I GUESS
WHEN YOU'RE AROUND LONG ENOUGH YOU AT LEAST LEARN A LITTLE BIT. I
REMEMBER MY FIRST YEAR HERE AND LISTENING TO SOME OF THE THINGS MY
COLLEAGUES FROM OTHER PARTS OF THE STATE WERE SAYING AND I'M LIKE, OH
MY GOD. WHY AM I HERE? I DON'T WANT TO DEAL WITH THESE THINGS. BUT
I'M REMINDED REGULARLY THAT WE'RE HERE BECAUSE THE PEOPLE FROM OUR
COMMUNITIES ELECT US TO REPRESENT THEIR INTERESTS. AND IN ORDER TO BE A
SUCCESSFUL BODY WE HAVE TO RESPECT EVERYONE'S INTERESTS THROUGHOUT THE
129
NYS ASSEMBLY MAY 26, 2021
STATE OF NEW YORK. WE DON'T ALWAYS HAVE TO AGREE, BUT WE HAVE TO
RESPECT IT. IT'S DAYS LIKE THIS WHEN I'M REMINDED ABOUT THE GREATNESS OF
EVERY INDIVIDUAL, WHETHER WE AGREE WITH THEM OR NOT, WHO STEPPED INTO
THIS CHAMBER. AS YOU REMIND US ALL THE TIME, WE, THIS BODY, REPRESENT
OVER 19 -- PROBABLY NOW OVER 20 MILLION PEOPLE IN THE STATE OF NEW
YORK. IT'S AN AWESOME RESPONSIBILITY. IT'S SOMETHING WE SHOULDN'T TAKE
LIGHTLY. AND YES, IN THE HEAT OF THE MOMENT, WHETHER IT'S DIFFICULT
POLITICAL SIDES OR WHETHER IT'S IN OUR OWN FAMILY FEUDS, WE HAVE TO
REMEMBER THAT WE'RE ALL HERE SERVING THE PEOPLE THAT ELECTED US.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR VIRTUALLY AND HERE STAND FOR A MOMENT OF SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 4:05 P.M., THE HOUSE STOOD ADJOURNED
UNTIL THURSDAY, MAY 27TH, THAT BEING A LEGISLATIVE DAY, AND TO
RECONVENE ON TUESDAY, JUNE 1ST AT 2:00, THAT BEING A SESSION DAY.)
130