WEDNESDAY, MARCH 22, 2023 1:22 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
HIS EMINENCE ARCHBISHOP ELPIDOPHOROS WILL OFFER A
PRAYER.
ARCHBISHOP ELPIDOPHOROS: LET US BOW OUR
HEADS IN PRAYER. IN THE NAME OF GOD, THE CREATOR AND SUSTAINER OF THE
UNIVERSE AND ALL THAT IS CONTAINED THEREIN, AMEN. WE OFFER THANKS AND
PRAISE, O GOD, FOR GATHERING US TOGETHER TODAY IN THIS LEGISLATIVE
ASSEMBLY OF THE GREAT STATE OF NEW YORK. THAT WE MAY APPEAL TO
YOUR RIGHTEOUSNESS AND GOODNESS TO BLESS ALL REPRESENTATIVES OF THE
PEOPLE WITH YOUR MERCY AND GRACE. GRANT ON TO THEM TO FULFILL THEIR
DUTIES, RESPONSIBILITIES AND OBLIGATIONS TO THE PEOPLE WITH HONOR, WITH
INTEGRITY AND UNALLIED ALLEGIANCE TO THE CONSTITUTION. HOLD THEM FAST IN
1
NYS ASSEMBLY MARCH 22, 2023
YOUR LOVING CARE THAT THEY MAY EVER SERVE WITH THE DIGNITY OF THEIR
HIGH OFFICE. AND THUS RENDER GLORY, REVERENCE AND HONOR TO YOU, THE
FOUNTAIN HEAD OF ALL LAW AND JUSTICE, 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, MARCH THE 21ST.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MARCH THE 21ST AND
ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS, I WOULD LIKE
TO BEGIN OUR DAY RATHER THAN A QUOTE TODAY WE'RE GOING TO USE AN
AFRICAN PROVERB. THIS ONE IS: IF YOU WANT TO GO QUICKLY, GO ALONE. IF
YOU WANT TO GO FAR, GO TOGETHER. AGAIN, MR. SPEAKER, THAT'S AN AFRICAN
PROVERB THAT WAS -- THOUGHT WOULD BE APPROPRIATE TO SHARE WITH OUR
COLLEAGUES TODAY. I WANT TO SAY THAT THE MEMBERS DO HAVE ON THEIR
DESKS A MAIN CALENDAR AND AFTER YOU HAVE DONE ANY INTRODUCTIONS
2
NYS ASSEMBLY MARCH 22, 2023
AND/OR HOUSEKEEPING WE ARE GOING TO BE TAKING UP THE FOLLOWING
COMMITTEES. WE'RE GOING TO CALL THESE FOLLOWING COMMITTEES OFF THE
FLOOR, CODES AND RULES. THESE MEETINGS ARE GOING TO PRODUCE AN
A-CALENDAR OF WHICH WE PLAN TO TAKE UP TODAY. WE WILL BEGIN OUR
WORK ON THE FLOOR RIGHT NOW BY TAKING UP RESOLUTIONS ON PAGE 3 OF
WHICH SOME MEMBERS DO WANT TO MAKE COMMENT. AFTER THAT WE ARE
GOING TO GO TO CALENDAR NO. 32 ON PAGE 8, IT WILL BE ON DEBATE BY MR.
AUBRY, SIR. AS WE PROCEED THERE COULD BE A NEED TO DO ADDITIONAL FLOOR
WORK BUT WE WILL ADVISE AT THAT POINT. AT THE CONCLUSION OF TODAY WE
ACTUALLY ARE GOING TO BE TAKING UP A SERIES OF RULES CHANGES THAT HAVE
BEEN PROPOSED BY THE MINORITY. WITH THAT AS A GENERAL OUTLINE, MR.
SPEAKER, IF YOU HAVE INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A
GREAT TIME, SIR. THANK YOU.
ACTING SPEAKER AUBRY: NO HOUSEKEEPING,
MRS. PEOPLES-STOKES, BUT WE DO HAVE INTRODUCTIONS.
MR. TANNOUSIS FOR THE PURPOSES OF A INTRODUCTION.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER. IT IS
MY PLEASURE TO INTRODUCE TODAY ON THE FLOOR OF THE NEW YORK STATE
ASSEMBLY HIS EMINENCE ARCHBISHOP ELPIDOPHOROS OF THE GREEK
ORTHODOX CHURCH OF THE AMERICAS. HE IS THE LEADER OF A GREEK
ORTHODOX CHURCH WHICH ENCOMPASSES OVER 500 PARISHES IN THE UNITED
STATES, 800 PRIESTS AND COUNTS OVER TWO MILLION FAITHFUL THROUGHOUT THE
UNITED STATES. HE IS HERE TODAY IN HONOR OF OUR RESOLUTION TO RECOGNIZE
MARCH AS GREEK HISTORY MONTH IN THE STATE OF NEW YORK. MR.
SPEAKER, I ASK YOU TO EXTEND ALL THE CORDIALITIES OF THE HOUSE TO HIS
3
NYS ASSEMBLY MARCH 22, 2023
EMINENCE AND JOIN ME IN DOING SO. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. -- OH, I'M SORRY. MR. SMULLEN ON THE SAME -- NO, SORRY. ON
BEHALF OF MR. TANNOUSIS, THE SPEAKER AND ALL THE MEMBERS,
ARCHBISHOP WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR SHARING
THOSE GREAT WORDS WITH US THIS MORNING. KNOW THAT YOU ARE ALL
WELCOME HERE AND I UNDERSTAND THE WEIGHT OF THE IMPORTANCE OF THE
OFFICE THAT YOU HOLD. THANK YOU SO VERY MUCH.
(APPLAUSE)
FOR THE PURPOSES OF AN INTRODUCTION, MS. SEAWRIGHT.
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. I'M
PLEASED TO INTRODUCE A GUEST FROM MANHATTAN HERE IN THE CHAMBER
TODAY WITH ME, WENDY DIAMOND WHO IS A TRUE FORCE FOR GOOD IN THE
WORLD. SHE IS THE FOUNDER OF WOMEN'S ENTREPRENEURSHIP DAY
ORGANIZATION, A GLOBAL MOVEMENT THAT EMPOWERS FOUR BILLION WOMEN
AND GIRLS WORLDWIDE TO BE CATALYST FOR CHANGE AND UPLIFT THE 388
MILLION WHO LIVE IN POVERTY. TEN YEARS AGO AN OFFICIAL PROCLAMATION
RECOGNIZING WOMEN'S ENTREPRENEURSHIP DAY IN NEW YORK STATE WAS
ISSUED RECOGNIZING THE IMPORTANT DAY. TODAY THIS GLOBAL MOVEMENT IS
CELEBRATED IN 144 COUNTRIES AROUND THE WORLD. A TESTAMENT TO WENDY'S
UNWAVERING COMMITMENT TO HER EMPOWERING WOMEN AND GIRLS
EVERYWHERE. I ASK THAT YOU PLEASE EXTEND TO HER THE COURTESIES OF THE
HOUSE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
4
NYS ASSEMBLY MARCH 22, 2023
OF MS. SEAWRIGHT, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU'RE DOING IN
EMPOWERING WOMEN IN THE STATE OF NEW YORK AND AROUND THE WORLD.
THIS HOUSE IS A DEMONSTRATION OF THAT EMPOWERMENT, THE MANY
WOMEN WHO HAVE COME AND JOINED US OVER THESE YEARS HAS MADE US
MORE INCLUSIVE AND A BETTER LAWMAKING BODY. THANK YOU FOR YOUR
WORK.
(APPLAUSE)
AND NOW MR. SMULLEN FOR THE PURPOSES OF A
INTRODUCTION.
MR. SMULLEN: THANK YOU, MR. SPEAKER. IT GIVES
ME GREAT PLEASURE AND IT'S A GREAT HONOR TODAY TO PROVIDE AN
INTRODUCTION TO THE FULTON COUNTY TREASURER, HEATHER SCRIBNER WHO
HAS JOINED US IN CHAMBERS TODAY. AS YOU ALL KNOW LOCAL GOVERNMENT
IS VERY IMPORTANT AND THE TREASURER'S OFFICE IS ONE OF THOSE LOCAL OFFICES
WHERE THE DOLLARS AND CENTS NEED TO MAKE SENSE. AND THE PEOPLE IN
FULTON COUNTY ARE VERY FORTUNATE TO HAVE ELECTED THEIR FIRST WOMAN
TREASURER IN THE PERSON OF HEATHER SCRIBNER WHO HAS BEEN FILLING THAT
OFFICE FOR SEVERAL YEARS NOW. SO IF YOU COULD, IF YOU COULD EXTEND THE
CORDIALITIES OF THE HOUSE TO OUR ESTEEMED GUEST MISS HEATHER SCRIBNER,
WE WOULD APPRECIATE IT VERY MUCH. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SMULLEN, THE SPEAKER AND ALL THE MEMBERS, HEATHER, I MAY USE
THE TERM, I WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY,
5
NYS ASSEMBLY MARCH 22, 2023
COMMEND YOU ON THE WORK THAT YOU'RE DOING TO KEEP THE FINANCES
STRAIGHT. ALWAYS PUT A WOMAN IN CHARGE OF THE MONEY, I'VE ALWAYS
BEEN TOLD THAT, ESPECIALLY BY WOMEN. SO WE WILL -- HAPPY TO HAVE YOU.
HOPE THAT YOU WILL CONTINUE THAT GREAT WORK AND KNOW THAT YOU ARE
ALWAYS WELCOME HERE IN ALBANY. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. LEMONDES FOR THE PURPOSES OF A INTRODUCTION.
MR. LEMONDES: THANK YOU, MR. SPEAKER AND
FELLOW COLLEAGUES. PLEASE ALLOW ME TO INTERRUPT THE PROCEEDINGS TO
INTRODUCE A FELLOW PARISHIONER AT ST. SOPHIA'S GREEK ORTHODOX CHURCH
WHO HAILS FROM THE VERY CENTER OF OUR GREAT STATE -- GREAT STATE IN
SYRACUSE MR. TED LIMPERT. TED HAS PRACTICED LAW FOR 34 YEARS AND IS
CURRENTLY SERVING AS AN ONONDAGA COUNTY COURT JUDGE AFTER WINNING
HIS ELECTION IN NOVEMBER. PRIOR TO THAT HE WAS THE SYRACUSE CITY
COURT JUDGE PRESIDING OVER HUMAN TRAFFICKING INTERVENTION, TRAFFICKING
ITSELF AND VETERANS TREATMENT COURTS. HE IS ALSO A MEMBER OF THE
STATEWIDE JUDICIAL COMMITTEE ON HUMAN TRAFFICKING AND THE HUMAN
TRAFFICKING TASK FORCE. TED IS ALSO A HIGHLY-DECORATED RETIRED COLONEL
FROM THE NEW YORK AIR NATIONAL GUARD SERVING FROM 1982 TO 2012 AS
AN F-16 AND A-10 WARHAWK PILOT WITH 106 COMBAT MISSIONS THROUGH
SEVEN DEPLOYMENTS THROUGH SOUTHWEST ASIA. TOTALING 3,100 MILITARY
HOURS PLUS AN ADDITIONAL 1,850 CIVILIAN HOURS, HE IS THE RECIPIENT OF THE
DISTINGUISHED FLYING CROSS WITH VALOR AND SEVERAL OTHER MERITORIOUS
ACHIEVEMENT, LIBERATION AND CAMPAIGN, MEDALS AND AWARDS. PERHAPS
MOST IMPORTANTLY THOUGH IS HIS CIVIC COMMITMENT TO THOSE IN NEED
6
NYS ASSEMBLY MARCH 22, 2023
VOLUNTEERING FOR HONOR FLIGHT TO HELP VETERANS GET TO WASHINGTON,
D.C. AS WELL AS HIS DESIRE TO HELP ANYONE IN NEED. HE HAS PERSONALLY
FLOWN SOME OF OUR PARISHIONERS OUT-OF-STATE FOR MEDICAL EMERGENCIES
IN HIS OWN AIRCRAFT AS WELL AS DRIVEN THEM WHEN WEATHER WAS
INCONDUCIVE TO FLIGHT. HE IS ACTIVE IN MANY GREEK-AMERICAN
PROFESSIONAL ATHLETIC, LOCAL -- AND LOCAL ACTIVITIES, IS A PROUD HUSBAND
AND FATHER OF FOUR LOVELY CHILDREN AND A PILLAR OF OUR COMMUNITY. MR.
SPEAKER, PLEASE WELCOME AND PROVIDE MR. LIMPERT THE CORDIALITIES OF
THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. LEMONDES, THE SPEAKER AND ALL THE MEMBERS, YOUR HONOR WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S
HOUSE. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR AND OUR
CONGRATULATIONS FOR A LIFE OF SERVICE, A WELL-DESERVED CONGRATULATIONS IT
SEEMS FROM ALL THAT YOU'VE DONE. WE HOPE THAT YOU WILL CONTINUE THAT
GREAT WORK AND CONTINUE TAKING CARE OF THE PEOPLE OF BOTH YOUR
COMMUNITY AND THIS STATE AND WE HOPE THAT YOU WILL BE SAFE IN YOUR
TRAVELS AS YOU PROCEED BACK HOME. THANK YOU SO VERY MUCH FOR
SHARING WITH US.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. JUST FOR AN POINT OF PERSONAL PRIVILEGE, I HAD A DEAR FRIEND
MARK CROCE WHO WAS A PILOT AS WELL AND HIS PLANE RAN INTO SOME ISSUES
AND HE DID NOT SURVIVE. BUT I DO WANT TO TAKE AN OPPORTUNITY TO HONOR
7
NYS ASSEMBLY MARCH 22, 2023
THE LIFE OF CLYDE VANEL, BECAUSE HIS PLANE RAN INTO SOME DIFFICULTY AS
WELL BUT HE LANDED SAFELY AND HE'S RIGHT HERE IN THE CHAMBERS WITH US
TODAY.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU, MS.
PEOPLES-STOKES. I DID NOTE THAT MR. VANEL WENT OVER AND WAS THE FIRST
TO GREET THE -- THE HONORABLE JUDGE WHO ALSO WAS A PILOT. AND SO WE
HOPE THEY SHARED SOME THOUGHTS AND THAT MR. VANEL WILL CONTINUE TO
FLY SAFELY, MR. VANEL, AS YOU TAKE OFF IN YOUR WORLD. THANK YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES FOR THE PURPOSES OF A
ANNOUNCEMENT.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE CALL THE CODES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER AUBRY: CODES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE. WE WILL PROCEED TO
PAGE 3, RESOLUTIONS, ASSEMBLY PRINT 211, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 211, MS. JACKSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 22, 2023, AS WATER 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 --
OH, I'M SORRY.
MS. JACKSON ON THE RESOLUTION.
8
NYS ASSEMBLY MARCH 22, 2023
MS. JACKSON: NOW I HAVE TO SAY AN EXTRA THANK
YOU, MR. SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION. TODAY
IS KNOWN AS WATER DAY AND ALL MY CARIBBEAN PEOPLE AND SOAKER LOVERS
KNOW WE ARE SUPPOSED TO DRINK WATER AND MIND OUR BUSINESS, BUT
TODAY WE'RE GOING TO TALK ABOUT THE BUSINESS OF WATER. WE OBSERVE
WATER DAY TO PROMOTE THE RESPONSIBLE USE OF WATER AND ACCESS TO SAFE
WATER FOR EVERYONE. THANK YOU, MR. SPEAKER, FOR DRINKING WHILE I
SPEAK. WE ALL NEED SAFE DRINKING WATER TO SURVIVE, BUT WATER IS ALSO
NECESSARY FOR OUR AGRICULTURE, OUR RECREATION, OUR HEALTH CARE, HYGIENE,
SANITATION AND SO MUCH MORE. BECAUSE I LIVE IN AN OLDER APARTMENT
BUILDING, EVERY ONCE IN A WHILE THEY'LL CUT THE WATER OFF SO THEY CAN DO
REPAIRS, AND IT'S UNBEARABLE JUST THOSE FEW HOURS TO GO WITHOUT WATER
BECAUSE DURING THAT TIME I'M NOT ABLE TO WASH MY HANDS AFTER I PREPARE
A MEAL OR WASH MY DISHES AFTER I PREPARE A MEAL OR WASH MY CLOTHES.
OH, AND AS YOU CAN IMAGINE I CAN'T WASH OTHER THINGS, RIGHT? SO, BUT
THE WORST PART WAS WHEN THE WATER IS CUT OFF DURING COVID AND WE
WERE -- THE HEIGHT OF COVID AND WE WERE ENCOURAGING EVERYONE TO
WASH THEIR HANDS REPEATEDLY TO KEEP US SAFE FROM THE GERMS, THE
BACTERIA, THE VIRUSES THAT WERE SPREADING AROUND. SO I JUST CAN'T
IMAGINE WHAT'S IT'S LIKE TO LIVE IN FLINT, MICHIGAN AND NOT HAVE SAFE
DRINKING WATER. BUT TODAY I JUST WANT TO CONTINUE TO ENCOURAGE US TO
UNDERSTAND THAT WE ARE LUCKY TO BE IN THE STATE OF NEW YORK BECAUSE,
YOU KNOW, WE TAKE EXTRA PRECAUTIONS TO KEEP OUR WATERWAYS SAFE. I
AM ENCOURAGING ALL OF US TO -- TO DRINK THE RECOMMENDED SIX TO EIGHT
OUNCES -- SIX TO EIGHT CUPS OF WATER A DAY TO KEEP US HEALTHY AND
9
NYS ASSEMBLY MARCH 22, 2023
MAINTAIN OUR HEALTH. I MUST ALSO SAY THAT I AM ENCOURAGING US TODAY TO
USE NON-PLASTIC WATER BOTTLES TO REDUCE THE WASTE THAT WE SEE
HAPPENING IN OUR -- IN OUR ENVIRONMENT. AND ALSO TO KEEP THE FOREVER
CHEMICALS THAT COME FROM PLASTIC OUT OF OUR WATERWAYS. I AM
REMINDED TODAY THAT WE SHOULD ALSO BE VERY GRATEFUL FOR THE SAFE
DRINKING WATERS THAT WE HAVE IN NEW YORK AND I WANT TO SAY THANK
YOU, MR. SPEAKER, FOR ALLOWING ME TO SPEAK.
ACTING SPEAKER AUBRY: THANK YOU, MS.
JACKSON. ON THE RESOLUTION, ALL THOSE IN -- OH, I'M SORRY. I'M RUSHING IT
THROUGH.
MR. BURKE ON THE RESOLUTION.
MR. BURKE: THANK YOU, MR. SPEAKER. I'D LIKE TO
THANK MS. JACKSON FOR THIS RESOLUTION. I LIVE IN BUFFALO, NEW YORK
WHICH IS ALONG LAKE ERIE, THE GREAT LAKES. THE LARGEST SOURCE OF FRESH
WATER POSSIBLY IN THE WORLD AND IT'S ABUNDANTLY CLEAR THAT WE HAVE TO
DO MORE. I THINK THIS BODY DOES A LOT TO PROTECT OUR WATERWAYS BUT IT
WAS IN 2014 IN TOLEDO, OHIO, A CITY SITUATED ON A GREAT LAKE, THE
WHOLE CITY OF TOLEDO SHUT DOWN BECAUSE THEY DID NOT HAVE ACCESS TO
FRESH WATER. SO WE LOOK AT THIS RESOLUTION, WE -- WE THINK ABOUT THE
TWO BILLION PEOPLE IN THE WORLD WHO DON'T HAVE ACCESS TO CLEAN
DRINKING WATER AND IT'S UNFORTUNATE THERE'S A WHOLE LOT OF THEM THAT LIVE
IN THE UNITED STATES OF AMERICA AND IT'S UNACCEPTABLE. SO THANK YOU,
MS. JACKSON, FOR THIS RESOLUTION AND I'M HAPPY TO -- TO RECOGNIZE IT
TODAY AS WELL.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
10
NYS ASSEMBLY MARCH 22, 2023
MR. JACOBSON ON THE RESOLUTION.
MR. JACOBSON: THANK YOU, MR. SPEAKER. I
APPLAUD THE SPONSOR FOR PUTTING IN THIS RESOLUTION. AND IT'S SO
IMPORTANT BECAUSE WHAT WE NEED TO DO NOW IS RECOMMIT OURSELVES TO
MAKING SURE THAT WE DON'T HAVE PFAS OR PFOS OR ALL THOSE FOREVER
CHEMICALS IN -- IN OUR WATER AS WHAT HAPPENED IN THE HUDSON VALLEY
DUE TO THE RUNOFF FROM STEWART AIRPORT THAT CONTAMINATED THE DRINKING
WATER OF THE CITY OF NEWBURGH SO THAT WE'RE NOW HOOKED UP TO THE
CATSKILL AQUEDUCT. BUT THE OTHER THING WE HAVE TO DO IS WE SHOULD
ONCE AND FOR ALL COMMIT AND PROMISE TO GET THE LEAD OUT. SO LET'S FUND
THE LEAD SERVICE LINE REPLACEMENT PROGRAM SO THAT WE CAN GET THE LEAD
OUT OF OUR DRINKING WATER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR.
JACOBSON.
MS. KELLES ON THE RESOLUTION.
MS. KELLES: I, TOO, WANT TO THANK THE -- THE
SPONSOR MS. JACKSON FOR BRINGING THIS FORWARD. IT'S SO IMPORTANT AND
WE DON'T TALK ABOUT IT ENOUGH. WE HAVE SOME OF THE LAST FRESH WATER
ON THE PLANET, SURFACE FRESH WATER ON THE PLANET IN NEW YORK STATE. I
-- I CAN'T EMPHASIZE ENOUGH HOW IMPORTANT THAT IS BECAUSE ONCE IT IS
CONTAMINATED THAT'S IT. AND IT IS ONE OF THE MOST IMPORTANT ECONOMIC
DEVELOPMENT RESOURCES THAT WE HAVE, TOURISM RESOURCES, HEALTH
RESOURCES, NATURAL ENVIRONMENT, ECOSYSTEM PRESERVATION, RESOURCES,
PRIORITIES THAT WE HAVE IN -- IN OUR ENVIRONMENTAL AGENDA IN THIS STATE
FOR THAT REASON. I DID WANT TO POINT OUT A FEW THINGS THAT WE NEED TO
11
NYS ASSEMBLY MARCH 22, 2023
ADDRESS TO PROTECT THAT. FOR EXAMPLE, CAYUGA LAKE WHICH IS IN MY
DISTRICT RIGHT NOW HAS SALT MINES FROM A PRIVATE COMPANY THAT SPAN THE
BREADTH OF THE UNDERNEATH THE LAKE BACK AND FORTH AND BACK AND FORTH
AND BACK AND FORTH UNDERNEATH THE LAKE, TUNNELED UNDERNEATH THE LAKE
MILLIONS AND TRILLIONS OF TONS OF WATER ABOVE THAT BECAUSE IT IS EASIER TO
GET A PERMIT FROM THE STATE THAN IT IS TO GET A PERMIT FROM EVERY
INDIVIDUAL PERSONAL HOMEOWNER. SO THEY'VE DONE IT UNDER THE LAKE
RISKING THE POTENTIAL OF COLLAPSE, WHICH HAS ALREADY HAPPENED ONCE IN
NEW YORK STATE. WE HAVE ISSUES THAT WE DO NEED TO ADDRESS AND WE
NEED TO STAY VIGILANT, THE LEAD, THE PFAS. WE AREN'T EVEN TESTING, LET
ALONE DISCLOSING, SOME OF THE MAJOR SOURCES OF PFAS THAT ARE ACTUALLY
RELEASING WATER -- RELEASING INTO OUR FRESH WATER. SO THEY'RE STEPS WE
NEED TO TAKE AND WE NEED TO REMEMBER EVERY SINGLE DAY THAT THIS IS THE
LIFEBLOOD OF OUR STATE. THANK YOU SO MUCH FOR BRINGING THIS FORWARD
AND THE CELEBRATION AND HONORING OF THE WATER THAT KEEPS US ALIVE AND
OUR SURVIVAL. 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 NO. 212, MS. DICKENS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 22, 2023, AS PUERTO RICAN
EMANCIPATION DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
MR. DILAN.
12
NYS ASSEMBLY MARCH 22, 2023
MR. DILAN: THANK YOU, MR. SPEAKER. TODAY I RISE
ON BEHALF OF MY COLLEAGUE AND GOOD FRIEND INEZ -- INEZ DICKENS WHO
COULD NOT BE HERE FOR REASONS THAT ARE PERSONAL TO HER TO SPEAK ON THIS
RESOLUTION TO COMMEMORATE AND PROCLAIM MARCH 22, 2023, AS PUERTO
RICAN EMANCIPATION DAY IN THE STATE OF NEW YORK. IN MY EVER-
EVOLVING KNOWLEDGE AND EDUCATION OF MY HISTORY, I LEARNED FROM HER
STAFF MEMBER WHO SERVED HER LONG MR. RICHARD (INDISCERNIBLE) WHO I
WANT TO THANK PERSONALLY FOR GIVING ME THIS EDUCATION THAT IN THE EARLY
1500S THE CROWN OF SPAIN AUTHORIZED THE IMPORTATION OF AFRICAN SLAVES
INTO PUERTO RICO TO WORK THE GOLD MINES AND THE FIELDS ONCE THE
SPANIARDS DECIMATED THE TAÍNO WORKFORCE POPULATION THAT WAS
WORKING IN PUERTO RICO AT THE TIME WITH DISEASE AND INFECTION THEY
BROUGHT FROM EUROPE. FOR OVER 300 YEARS, AFRICAN SLAVES WORKED IN
TREACHEROUS CONDITIONS UNDER THE CARIBBEAN SUN. THEY WITHSTOOD
ABUSES FROM SLAVE OWNERS AND WERE KILLED WHEN THEY REVOLTED OR
ATTEMPTED ESCAPES. AND WITH THE HARD WORK OF A HANDFUL OF
ABOLITIONISTS AND -- AND OTHERS, THE AFRICAN SLAVES WERE FREED FROM THE
SPANISH CROWN ON MARCH 22ND, THIS DAY, IN 1873. AND
ASSEMBLYMEMBER DICKENS AND THE MEMBERS WHO SPONSORED THE
RESOLUTION, SHE SENDS HER THANKS THAT THE MESSAGE -- AND -- AND ALSO
WANTS TO SAY THAT THE MESSAGE OF SLAVERY ANYWHERE IN THE WORLD IS
WRONG AND MUST BE ELIMINATED AT ALL COST. SO SHE ASKS YOU TO CELEBRATE
THIS DAY WITH US, OUR PUERTO RICAN BROTHERS AND SISTERS IN SUPPORT OF
PASSING THIS RESOLUTION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
13
NYS ASSEMBLY MARCH 22, 2023
DILAN.
MR. RIVERA ON THE RESOLUTION.
MR. RIVERA: GOOD MORNING, MR. SPEAKER. I'LL JUST
ECHO THE SENTIMENTS OF MY COLLEAGUE MR. DILAN AND THANK
ASSEMBLYMEMBER DICKENS FOR BRINGING THIS FORWARD. TODAY WE
COMMEMORATE THE ABOLISHING OF SLAVERY AND THE FREEDOM OF TENS OF
THOUSANDS OF AFRICAN SLAVES ON THE ISLAND OF PUERTO RICO. SADLY
HISTORY SHOWS US THAT THOSE SUPPOSED FREE AFRO-PUERTO RICANS WERE
OBLIGATED AND TO CONTINUE TO WORK FOR THEIR ENSLAVERS FOR AT LEAST THREE
YEARS AFTER THE ABOLISHMENT. AND THOSE SAME SLAVE OWNERS ALSO
RECEIVED COMPENSATION FROM THE SPANISH GOVERNMENT FOR THEIR
SUPPOSED LOSSES. FAST FORWARD, THE ISLAND HAS HAD ITS SETBACKS WHEN IT
COMES TO FREEDOM. TODAY AND THROUGHOUT PUERTO RICAN HISTORY WE
HAVE FOUGHT IN EVERY MAJOR AMERICAN WAR INCLUDING WORLD WAR I AND
WORLD WAR II, BUT WHEN OUR SOLDIERS RETURNED BACK TO THE ISLAND,
THEY'RE STILL NOT ABLE TO VOTE FOR THE PRESIDENT OF THE NATION THAT THEY
JUST DEFENDED. WE HAVE THE JONES ACT THAT CRIPPLES OUR ECONOMY.
AND JUST AS RECENTLY AS LAST YEAR IN AN 8 TO 1 VOTE, THE SUPREME COURT
RULED THAT PUERTO RICANS DON'T HAVE THE CONSTITUTIONAL RIGHT THAT OTHER
AMERICANS HAVE. IN HER STATEMENT, JUSTICE SOTOMAYOR SAID BECAUSE
RESIDENTS OF PUERTO RICO DO NOT HAVE VOTING REPRESENTATION IN CONGRESS
THEY CANNOT RELY ON THEIR ELECTED REPRESENTATIVES TO REMEDY THE
PUNISHING DISPARITIES SUFFERED BY CITIZEN RESIDENTS OF PUERTO RICO
UNDER CONGRESSES UNEQUAL TREATMENT. TODAY WE RECOGNIZE THE
FREEDOM AND THE SUCCESSES THAT WE'VE HAD AS AN ISLAND, ONE BY
14
NYS ASSEMBLY MARCH 22, 2023
CELEBRATING TODAY AS WE SHOULD, BUT TWO BY ADVOCATING FOR THE
FULFILLMENT OF OUR FREEDOMS AND FOR THE GENERATIONS AHEAD OF US OF
THOSE WHO LIVE ON THE ISLAND. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU, MR.
RIVERA.
ON THE RESOLUTION ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 213, MR. TANNOUSIS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 2023, AS GREEK HISTORY MONTH IN THE
STATE OF NEW YORK IN CONJUNCTION WITH THE COMMEMORATION OF THE
202ND ANNIVERSARY OF GREEK INDEPENDENCE.
ACTING SPEAKER AUBRY: MR. LEMONDES ON THE
RESOLUTION.
MR. LEMONDES: I WOULD LIKE TO THANK THE SPONSOR
FOR PUTTING THIS FORWARD ON BEHALF OF ALL GREEK PEOPLE WORLDWIDE.
THANK YOU. GREEK INDEPENDENCE DAY ESTABLISHED ON MARCH 15TH,
1838, DESIGNATED MARCH 25TH AS AN ETERNAL IN PERPETUITY NATIONAL
HOLIDAY CELEBRATED IN GREECE, CYPRUS AND THE GREEK DIASPORA
WORLDWIDE. IT TRADITIONALLY COMMEMORATES THE START OF THE GREEK WAR
OF INDEPENDENCE AGAINST THE OTTOMAN EMPIRE IN 1821. ADDITIONALLY,
THERE ARE MORE THAN FIVE MILLION PEOPLE OF GREEK ORIGIN LIVING OUTSIDE
OF GREECE SCATTERED IN 140 COUNTRIES ACROSS THE GLOBE. HOWEVER, NEW
YORK HAS THE LARGEST GREEK AMERICAN POPULATION TOTALING AROUND
300,000 WITH THE MAJORITY LOCATED IN NEW YORK -- IN THE NEW YORK
15
NYS ASSEMBLY MARCH 22, 2023
METROPOLITAN AREA AND THE REST OF US SCATTERED THROUGHOUT THE STATE AND
NATION IN SMALLER COMMUNITIES. IT IS TRADITIONALLY HELD THAT THE -- THAT
THE WAR OF GREEK INDEPENDENCE STARTED AT THE SAINT LAVRA MONASTERY
WITH THE SWEARING IN OF THE MILITARY LEADERSHIP BY THE BISHOP -- BY
BISHOP GERMANOS IN 1821. THE FIGHTING WOULD LAST APPROXIMATELY
EIGHT YEARS UNTIL AN ARMISTICE WAS AGREED UPON. AND IN 1832 GREECE
WAS REESTABLISHED AS AN INDEPENDENT KINGDOM FROM THE OTTOMAN
EMPIRE WITH THE TREATY OF CONSTANTINOPLE. ASSISTING THE GREEKS WITH
THEIR WAR FOR INDEPENDENCE WERE BRITAIN, FRANCE AND RUSSIA.
AMERICAN SUPPORT OF THE WAR OF GREEK INDEPENDENCE HELPED FUEL
IMPORTANT SOCIAL CAUSES IN THE UNITED STATES INCLUDING THE ABOLITIONISTS
AND WOMEN'S SUFFRAGE MOVEMENTS. ADDITIONALLY, THE HISTORY OF
GREEKS IN NORTH AMERICA IS AS OLD AS THE UNITED STATE -- STATES ITSELF
WITH THE ESTABLISHMENT OF A GREEK COLONY AND SPANISH-HELD FLORIDA IN
1776 AT ST. AUGUSTINE. LADIES AND GENTLEMEN, IN RECOGNITION OF GREEK
INDEPENDENCE, GREEK CONTRIBUTIONS TO HUMANITY, THE UNITED STATES AND
DEMOCRATIC GOVERNMENTS THROUGHOUT THE WORLD, PLEASE JOIN ME IN
HONORING AND ACKNOWLEDGING THE IMPORTANCE OF THIS DAY. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. JENSEN ON THE RESOLUTION.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER,
ON THE RESOLUTION. AS THIS BODY'S REPRESENTATIVE OF THE TOWN OF
GREECE, I WANT TO SAY TO "EFHARISTO" TO MR. LEMONDES AND MR.
TANNOUSIS FOR THEIR SPONSORSHIP OF THIS RESOLUTION. ON BEHALF OF ALL
16
NYS ASSEMBLY MARCH 22, 2023
GREECIANS IN MY TOWN - THAT'S WHAT WE CALL OURSELVES - I WANT TO
RECOGNIZE THE IMPORTANCE OF GREEK HISTORY AND ITS INFLUENCE NOT JUST ON
OUR COUNTRY BUT ON OUR STATE. OUR TOWN WAS RENAMED IN HONOR OF THE
GREEK BATTLE FOR INDEPENDENCE AGAINST THE OTTOMAN EMPIRE. OUR HIGH
SCHOOLS IN THE GREECE SCHOOL DISTRICT ARE NAMED -- INSPIRED BY GREEK
HISTORY AND WE HAVE SOME TERRIFIC GREEK DINERS. SO, ON BEHALF OF THE --
THE FOLKS I REPRESENT, THANK YOU AND I LOOK FORWARD TO CELEBRATING
GREEK HISTORY MONTH ALL OF MARCH. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
JENSEN.
MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
DURING LAST YEAR'S REDISTRICTING PROCESS I WAS THRILLED TO HAVE MY
QUEENS DISTRICT EXPANDED TO INCLUDE ASTORIA. AS THE REPRESENTATIVE OF
THE HEART OF GREEK LIFE AND CULTURE IN NEW YORK, I AM HONORED TO
SPEAK IN SUPPORT OF THIS RESOLUTION COMMEMORATING GREEK HISTORY
MONTH. ACCORDING TO THE MOST RECENT US CENSUS DATA, OVER 30,000
NEW YORKERS OF GREEK DESCENT LIVE IN QUEENS. OVER THE COURSE OF
GENERATIONS, THE GREEK COMMUNITY IN ASSEMBLY DISTRICT 34 HAS BUILT A
THRIVING LITTLE GREECE FULL OF SMALL BUSINESSES, PLACES OF WORSHIP,
CULTURAL INSTITUTIONS, SCHOOLS AND FOR ME, WHICH I LOVE, RESTAURANTS.
ASTORIA IS A TESTAMENT TO THE HARD WORK, COMMITMENT AND RESILIENCE OF
GREEK IMMIGRANTS OLD AND NEW AND THEIR LASTING IMPACT ON THE SOCIAL
AND CULTURAL LIFE OF NEW YORK CITY. I THINK ALMOST EVERY GREEK NEW
YORKER I MEET HAS LIVED IN ASTORIA AT SOME POINT IN THEIR LIFE. SO I AM
17
NYS ASSEMBLY MARCH 22, 2023
HUMBLED TO REPRESENT SUCH A VIBRANT GREEK COMMUNITY AND I HAPPILY
JOIN MY COLLEAGUES IN VOTING YES ON THIS RESOLUTION. THANK YOU SO
MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SAYEGH.
MR. SAYEGH: THANK YOU, MR. SPEAKER. ALSO
WOULD LIKE TO RISE TO COMMEND THE SPONSORS IN THE CELEBRATION OF
GREEK HISTORY AND IT'S ALL WELL-KNOWN FROM THE DAYS OF PLATO AND
SOCRATES THE IMPACT THAT THE GREEKS HAVE HAD ON WORLD CIVILIZATION IS
PRETTY WELL-KNOWN TO ALL OF US. AND AS A MEMBER OF THE EASTERN RITES
OF THE CHRISTIAN CHURCH, TODAY'S PRESENCE OF HIS EMINENCE, YOU KNOW,
LEADING US IN THE PRAYER WAS ALSO VERY SPECIAL. SO I'D LIKE TO JOIN IN
CELEBRATING GREEK AMERICAN HISTORY MONTH AND HOPE THAT WE CAN
CONTINUE TO APPRECIATE AND PROMOTE RESPECT FOR EACH OTHER AND
DIVERSITY AT ALL LEVELS. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER. MR.
SPEAKER, NEW YORK STATE IS HOME TO OVER 30,000 GREEK AMERICANS.
THEY ATTEND THEIR LOCAL GREEK ORTHODOX CHURCHES IN VARIOUS PARTS --
PARTS OF THE STATE TO PARTICIPATE -- TO PRACTICE THEIR RELIGION AND TO STAY
CONNECTED TO THEIR CULTURE. TODAY WE'RE VISITED BY THE HEAD OF THE
GREEK ORTHODOX CHURCH FOR THE AMERICAS, ARCHBISHOP ELPIDOPHOROS.
AND LIKE MANY IMMIGRANT GROUPS, GREEK AMERICANS IMMIGRATED TO THE
LAND OF OPPORTUNITY IN PURSUIT OF THE AMERICAN DREAM. AND I HAVE TO
18
NYS ASSEMBLY MARCH 22, 2023
SAY, GREEK AMERICANS HAVE CONTRIBUTED GREATLY TO THE FABRIC OF OUR
NATION AND TO OUR STATE AND HOW CAN THEY NOT? THE GREEKS INVENTED
DEMOCRACY, HAVE MADE IMPORTANT CONTRIBUTIONS TO PHILOSOPHY,
MATHEMATICS, ASTRONOMY, MEDICINE, LITERATURE AND THEATER. IT WAS ALSO
AN IMPORTANT PART OF THE CULTURE WHICH INFLUENCED MODERN DRAMA. THE
GREEKS WERE KNOWN FOR THEIR SOPHISTICATED SCULPTURE AND ARCHITECTURE.
THE GREEKS HAVE TRULY SHAPED OUR MODERN CIVILIZATION AS WE KNOW IT
TODAY. IN HONOR OF GREEK INDEPENDENCE DAY WHICH IS ON MARCH 25TH,
2023, AND IN HONOR OF OUR RESOLUTION TODAY CELEBRATING GREEK HISTORY, I
SAY LONG LIVE GREECE OR AS IN GREEK ZÍTO I ELLÁDA. THANK YOU VERY
MUCH.
ACTING SPEAKER AUBRY: THANK YOU, MR.
TANNOUSIS.
MR. MAMDANI.
MR. MAMDANI: THANK YOU, SIR. I RISE TODAY
BECAUSE I ALSO HAVE THE GREAT PRIVILEGE ALONGSIDE MY COLLEAGUE TO
REPRESENT A SIGNIFICANT PORTION OF ASTORIA. I KNOW BETTER THAN TO SAY
THE BEST GREEK RESTAURANT IN MY NEIGHBORHOOD, BUT I DO WANT TO SAY
THAT ASTORIA WOULD NOT BE ASTORIA WERE IT NOT FOR THE GREEK COMMUNITY
THAT MAKES IT UP. IT IS THE CENTER OF OUR COMMUNITY AND SO MANY OF US
GATHER AT ONE OF THE MOST BEAUTIFUL ILLUSTRATIONS OF THAT WHICH IS ATHENS
SQUARE PARK. AND YOU KNOW I'VE HEARD A LOT TODAY ABOUT THE BEAUTIFUL
CONTRIBUTIONS THAT THE GREEK PEOPLE HAVE GIVEN US IN TERMS OF HISTORY,
IN TERMS OF DEMOCRACY, IN TERMS OF THE ARTS, IN TERMS OF THEATER, BUT I
MUST ALSO RISE TODAY TO RECOGNIZE THE CONTRIBUTIONS OF THE GREEK
19
NYS ASSEMBLY MARCH 22, 2023
NATIONAL TEAM IN THE EUROPEAN CHAMPIONSHIPS OF 2004 WHO PREVAILED
AGAINST ALL ODDS AND BECAME THE EUROPEAN CHAMPIONS, SPECIFICALLY A
GOAL BY THEODOROS ZAGORAKIS. SO I THANK YOU ALL FOR THIS. I THANK THE
SPONSOR FOR THIS RESOLUTION AND I THANK SO MANY OF MY GREEK
CONSTITUENTS FOR MAKING OUR NEIGHBORHOOD WHAT IT IS. THANK YOU,
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
MAMDANI.
MR. BRAUNSTEIN.
MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER, FOR
THE OPPORTUNITY TO SPEAK ON THIS RESOLUTION. I WANT TO THANK THE
SPONSOR MR. TANNOUSIS FIRST FOR BRINGING HIS IMMINENCE THE
ARCHBISHOP HERE TO LEAD US IN THE OPENING PRAYER TODAY. IT WAS AN
HONOR TO HAVE THE OPPORTUNITY TO MEET HIM. AND I ALSO WANT TO THANK
THE SPONSOR FOR INTRODUCING THIS RESOLUTION COMMEMORATING THE 202ND
DAY OF GREEK INDEPENDENCE. GREECE AND THE UNITED STATES OVER THOSE
200 YEARS HAVE A LONGSTANDING FRIENDSHIP BASED ON OUR SHARED
DEMOCRATIC VALUES. THAT ALLIANCE IS FURTHER STRENGTHENED WITH THE
GREEK AMERICANS LIVING HERE IN THE UNITED STATES WHO HAVE TIES TO
BOTH COUNTRIES. I HAPPEN TO REPRESENT A LARGE GREEK AMERICAN
POPULATION IN MY DISTRICT IN NORTHEAST QUEENS. MY COLLEAGUES FROM
ASTORIA, A LOT OF THOSE CONSTITUENTS EITHER LIVE IN ASTORIA OR STILL HAVE
FAMILY WHO LIVE IN ASTORIA AND I HAVE THE OPPORTUNITY TO WITNESS
FIRSTHAND THE TREMENDOUS CONTRIBUTIONS THAT COMMUNITY HAS ON THE
NEIGHBORHOODS IN MY DISTRICT BUT ALSO ON OUR CITY AND OUR STATE AND
20
NYS ASSEMBLY MARCH 22, 2023
OUR COUNTRY. SO, IT'S AN HONOR TO HAVE THE OPPORTUNITY TO COSPONSOR
THIS RESOLUTION AND SPEAK ON IT AND I WISH THE UNITED STATES AND GREECE
ANOTHER 200 YEARS OF SHARED FRIENDSHIP AND ALLYSHIP THAT ENDURES.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 214, MS. RAJKUMAR.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 26TH, 2023, AS BANGLADESH
INDEPENDENCE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. RAJKUMAR ON THE
RESOLUTION.
MS. RAJKUMAR: THANK YOU, MR. SPEAKER. TODAY
THE STATE ASSEMBLY PAUSES IN ITS DELIBERATIONS TO RECOGNIZE MARCH
26TH, 2023 AS BANGLADESH INDEPENDENCE DAY IN THE STATE OF NEW
YORK. THIS RESOLUTION IS COSPONSORED BY MY COLLEAGUES DOWNSTATE
AND UPSTATE AS WE ALL JOIN TOGETHER IN THE CHAMBER TO COLLECTIVELY
RECOGNIZE THE POWERFUL AND EMERGENT BANGLADESHI COMMUNITY. WE
ARE PROUD THAT NEW YORK STATE HAS THE LARGEST PERCENTAGE OF
BANGLADESH AMERICANS OF ANY STATE IN THE ENTIRE COUNTRY. AS THE FIRST
WOMAN OF SOUTH-ASIAN ANCESTRY EVER ELECTED TO THE LEGISLATURE IN OUR
GREAT STATE, I INTRODUCE THIS RESOLUTION WITH ENORMOUS PRIDE. THE
SOUTH ASIAN COMMUNITY IS FINALLY HERE. WE HAVE ARRIVED AT THE TABLE
OF GOVERNMENT IN NEW YORK STATE. WHEN OUR FOUNDING FATHER FOUGHT
21
NYS ASSEMBLY MARCH 22, 2023
FOR AMERICAN INDEPENDENCE, PATRICK HENRY FAMOUSLY SAID "GIVE ME
LIBERTY OR GIVE ME DEATH." TWO CENTURIES LATER BANGLADESH FOUGHT ITS
OWN WAR FOR INDEPENDENCE. SHEIKH MUJIBUR RAHMAN WAS THE FATHER OF
THE NATION. HE WAS IMPRISONED AND PLACED IN SOLITARY CONFINEMENT.
HE EMERGED VICTORIOUS AND BECAME THE FIRST PRIME MINISTER OF THE NEW
BANGLADESH. HE GAVE HIS LIFE FOR THE NATION AND HE AND HIS FAMILY
WERE TRAGICALLY ASSASSINATED, BUT HIS DAUGHTER SURVIVED. SHEIKH
HASINA, TODAY SHE IS THE PRIME MINISTER OF BANGLADESH AND THE
LONGEST-SERVING WOMAN HEAD OF GOVERNMENT IN THE WORLD. UNDER HER
LEADERSHIP, THE US DEPARTMENT OF STATE CITES BANGLADESH AS A GLOBAL
EXAMPLE OF A DEMOCRATIC, TOLERANT, PLURALISTIC AND MODERN NATION.
TODAY'S RESOLUTION HONORS BANGLADESH'S FREEDOM FIGHTERS WHO BRAVELY
PUTS THEIR LIVES ON THE LINE FOR INDEPENDENCE. WHEN THE FREEDOM
FIGHTERS FOUGHT, THE ENTIRE WORLD SUPPORTED THEIR CAUSE. I AM PROUD TO
SAY THAT SOME OF THOSE FREEDOM FIGHTERS NOW LIVE IN NEW YORK WHERE
THEY ARE REVERED BY THE COMMUNITY. TODAY IS THEIR DAY. TODAY NEW
YORK STATE HONORS THEIR COURAGE AND THE BANGLADESHI'S COMMUNITY
FIGHT FOR FREEDOM AND GREATNESS NOW CONTINUES HERE IN THE UNITED
STATES. LIKE MY OWN PARENTS WHEN THEY IMMIGRATED FROM SOUTH ASIA,
BANGLADESHI AMERICANS ARE HARD-WORKING WORKING 25 HOURS A DAY TO
ACHIEVE THE AMERICAN DREAM FOR THEMSELVES AND THEIR CHILDREN.
BANGLADESHI AMERICANS TODAY ARE THRIVING IN THE FIELDS OF MEDICINE,
ENGINEERING, BUSINESS, FINANCE AND INFORMATION TECHNOLOGY. THEY ARE
ALSO OUR RIDE-SHARE AND TAXI DRIVERS, CONSTRUCTION WORKERS, SMALL
BUSINESS OWNERS, AND SERVICE INDUSTRY EMPLOYEES, UPON WHICH OUR
22
NYS ASSEMBLY MARCH 22, 2023
ECONOMY DEPENDS. AND MOST OF ALL, THEY ARE PROUD AMERICANS WITH
HIGH ASPIRATIONS. TODAY THE STATE ASSEMBLY WILL JOIN MORE THAN
200,000 BANGLADESH AMERICANS ACROSS OUR COUNTRY TO RECOGNIZE
MARCH 26TH, 2023, AS BANGLADESH INDEPENDENCE DAY IN THE STATE OF
NEW YORK. DHONNOBAD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES FOR THE PURPOSES OF A
INTRODUCTION AND THEN WE WILL GO BACK TO RESOLUTIONS.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER AUBRY: RULES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.
MS. HYNDMAN ON THE RESOLUTION.
MS. HYNDMAN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. I WOULD LIKE TO CONGRATULATE
MY COLLEAGUE ON INTRODUCING THIS RESOLUTION TO RECOGNIZE THE 52ND YEAR
OF INDEPENDENCE FOR THE NATION OF BANGLADESH. THIS COUNTRY IS A MERE
52 YEARS OLD AND IT WAS A HARD-FOUGHT BATTLE AGAINST PAKISTAN WHICH
CLAIMED THE LIVES OF ALMOST THREE MILLION BANGLADESHIS THROUGH HARD-
FOUGHT WARS AND GENOCIDE. THIS COUNTRY HAS COME A VERY LONG WAY
BEING THAT THEY'RE ONE OF THE FASTEST GROWING ECONOMIES IN THE WORLD.
THEY ARE MOVING SO FAST THEY HAD UBER BEFORE WE DID IN THIS STATE. I
WOULD ALSO LIKE TO RECOGNIZE ALL OF THE CONSTITUENTS IN SOUTHEAST
QUEENS IN 29TH ASSEMBLY DISTRICT AND WISH THEM A HAPPY 52ND
ANNIVERSARY AND ALSO SAY (SPEAKING FOREIGN LANGUAGE).
23
NYS ASSEMBLY MARCH 22, 2023
ACTING SPEAKER AUBRY: THANK YOU.
MS. REYES FOR PURPOSES OF A INTRODUCTION.
MS. REYES: THANK YOU, MR. SPEAKER. I WOULD ALSO
LIKE TO JOIN MY COLLEAGUES AND CONGRATULATE THE SPONSOR OF THIS
RESOLUTION. NEW YORK CITY IS HOME TO THE LARGEST AND MOST VIBRANT
BANGLADESHI COMMUNITY IN THE UNITED STATES. ACCORDING TO THE ASIAN
AMERICAN FEDERATION CENSUS INFORMATION CENTER, NEW YORK CITY'S
BANGLADESHI POPULATION WAS AMONGST THE FASTEST GROWING ASIAN ETHNIC
GROUP. IN MY DISTRICT, BANGLADESHI -- MY BANGLADESHI COMMUNITY HAS
ACTUALLY DOUBLED. IN PARKCHESTER SPECIFICALLY, THE BANGLADESHI
AMERICAN COMMUNITY HAS MANY BUSINESSES THAT LINE STARLING AVENUE
WITH A VARIETY OF CLOTHING STORES, FOOD MARKETS, SOUTH ASIAN
RESTAURANTS IN A CORRIDOR THAT NEW YORK CITY HAS CALLED THE BANGLA
BAZAAR. THE BANGLADESHI COMMUNITY I REPRESENT ARE PASSIONATE ABOUT
THE PURSUIT OF THE AMERICAN DREAM WHETHER THROUGH EDUCATION,
ENTREPRENEURSHIP, CULTURAL EMERSION, LABOR ORGANIZING OR CIVIC
ENGAGEMENT. I CAN ALWAYS FEEL THEIR PASSION AND COUNT ON THEIR
COMMITMENT IN SERVICE TO OUR COMMUNITY. I AM SO INCREDIBLY
FORTUNATE TO HAVE AN EMBRACE BY THE BANGLADESHI BROTHERS AND SISTERS
IN MY COMMUNITY AND I AM KNOWN LOCALLY BY MY NEIGHBORS AS KARINA
APA WHICH MEANS SISTER. AS WE COMMEMORATE THE 52ND ANNIVERSARY
OF THEIR INDEPENDENCE, I'D LIKE TO RECOGNIZE AND CELEBRATE THE POWERFUL
AND EMERGING BANGLADESHI COMMUNITY AND THEIR ENDLESS PURSUIT FOR
FREEDOM AND EQUITY BOTH IN THEIR NATIVE HOME OF BANGLADESH AND THEIR
ADOPTIVE HOME - THE GREATEST BOROUGH OF COURSE IN NEW YORK CITY -
24
NYS ASSEMBLY MARCH 22, 2023
THE BRONX. THANK YOU.
ACTING SPEAKER TAYLOR: MS. LUCAS ON THE
RESOLUTION.
MS. LUCAS: THANK YOU, SPEAKER AND THANK YOU TO
THE SPONSOR FOR BRINGING FORTH THIS RESOLUTION. TODAY WE CELEBRATE THE
COUNTRY OF BANGLADESH COMMEMORATED ON MARCH 26TH, 1971 WHEN
SHEIKH MUJIBUR RAHMAN MADE A DECLARATION OF INDEPENDENCE FROM
PAKISTAN. THOSE OF US ASSEMBLED HERE TODAY UNDERSTAND THAT FREEDOM
ISN'T FREE. AND WHILE WE CELEBRATE THEIR INDEPENDENCE WE SHOULD ALSO
REMEMBER THOSE WHOSE LIVES WERE SACRIFICED TO OBTAIN THIS FREEDOM.
EAST NEW YORK IS HOME TO A GROWING GROUP OF IMMIGRANTS WHOSE
ROOTS ARE IN BANGLADESH. WHILE WE RECOGNIZE IT TODAY, I WANT TO
ACKNOWLEDGE THE BANGLADESH'S COMMUNITY IN MY DISTRICT AS THEY
CELEBRATE BANGLADESH'S INDEPENDENCE DAY ON MARCH 26TH. THE
BANGLADESH COMMUNITY EXEMPLIFIES INDEPENDENCE THROUGH ITS SOCIAL
AND ECONOMIC DEVELOPMENT THAT THEY BRING TO OUR COMMUNITIES
THROUGHOUT THE STATE OF NEW YORK. SO ON BEHALF OF THE MEMBERS OF
MY DISTRICT OF BENGALI DESCENT, I HONOR, CELEBRATE AND WISH YOU A
HAPPY AND FESTIVE INDEPENDENCE DAY.
ACTING SPEAKER TAYLOR: MR. WEPRIN ON THE
RESOLU -- MR. WEPRIN ON THE RESOLUTION.
MR. WEPRIN: THANK YOU, MR. SPEAKER. I, TOO,
WANT TO ACKNOWLEDGE AND SUPPORT THIS VERY IMPORTANT RESOLUTION. I
HAVE PROBABLY ONE OF THE LARGEST BANGLADESHI AMERICAN POPULATIONS IN
THE STATE IN MY DISTRICT. I REPRESENT JAMAICA HILL AMONG OTHER AREAS
25
NYS ASSEMBLY MARCH 22, 2023
WHERE -- WHICH IS THE SITE OF THE LARGEST MOSQUE IN NEW YORK CITY BY
POPULATION, 9,000 MEMBERS MOST OF WHOM ARE OF BANGLADESHI DESCENT.
I CURRENTLY HAVE TWO BANGLADESHI AMERICAN STAFFERS AND HAVE HAD FIVE
OR SIX OTHER BANGLADESHI AMERICAN STAFFERS OVER THE YEARS. SO I WANT
TO JOIN WITH THE SPONSOR OF THIS RESOLUTION IN CELEBRATING BANGLADESHI
INDEPENDENCE DAY. I HAVE A NUMBER OF FREEDOM FIGHTERS IN MY
ASSEMBLY DISTRICT AND OF COURSE THE WHOLE COMMUNITY IS VERY PROUD
OF THEM. THE BANGLADESHI AMERICAN COMMUNITY IN MY DISTRICT IN
QUEENS MAKES A HUGE CONTRIBUTION TO HEALTH CARE IN NEW YORK STATE.
THEY WERE ON THE FRONT LINES DURING THE COVID-19 PANDEMIC AND
PARTICIPATED IN SO MANY DIFFERENT FOOD DISTRIBUTIONS, BUT THERE'S SO
MANY DOCTORS AND NURSES AND -- AND OTHER MEDICAL PERSONNEL FROM THE
BANGLADESHI AMERICAN COMMUNITY. SO I WANT TO JOIN IN CELEBRATING
INDEPENDENCE DAY AND SUPPORTING THIS RESOLUTION. THANK YOU.
ACTING SPEAKER TAYLOR: MR. SAYEGH ON THE
RESOLUTION.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
I WANTED TO ALSO JOIN IN THANKING THE SPONSOR AND RECOGNIZING NEW
YORK STATE AND OUR NATION HAS REALLY BECOME AND EMERGED INTO A VERY
DIVERSIFIED COUNTRY OF MANY ETHNICITIES AND CULTURES AND OFTEN AS WE
CELEBRATE CULTURAL DIVERSITY AND HERITAGE AND TRADITIONS AND OFTEN WE
CELEBRATE INDEPENDENCE. AND WE KNOW FROM OUR EXPERIENCE FROM
1776 HOW IT IS TO GET YOUR INDEPENDENCE AND FREEDOM. SO THIS IS WHY
WE CELEBRATE INDEPENDENCE, WE CELEBRATE WHENEVER A GROUP COMES TO
OUR NATION AND OPENS BUSINESSES AND GETS INVOLVED IN THE FABRIC OF OUR
26
NYS ASSEMBLY MARCH 22, 2023
SOCIETY AND IT'S REALLY PART OF THE AMERICAN TRADITION. WE'VE BECOME A
MELTING POT BECAUSE WE'VE EMBRACED THE DIFFERENCES AND WE'VE
ENJOYED THIS TOGETHER TO MAKE US A GREAT STATE. SO I JOIN IN CELEBRATING
THE BANGLADESH AND AMERICAN COMMUNITY AND THEIR ACCOMPLISHMENTS
FOR OUR STATE. THANK YOU.
ACTING SPEAKER TAYLOR: THANK YOU, MS.
GONZÁLEZ-ROJAS ON THE RESOLUTION.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
I'M REALLY PROUD TO RISE IN SUPPORT OF THIS RESOLUTION AS I, TOO, REPRESENT
A LARGE AND VIBRANT AND POWERFUL BANGLADESHI POPULATION IN JACKSON
HEIGHTS. FROM 2010 TO 2015 THE BANGLADESHI POPULATION IN NEW YORK
CITY INCREASED 88 PERCENT TO 66,000 MEMBERS. IT HAS GROWN FASTER THAN
ALL THE POPULATIONS AMONGST THE ASIAN POPULATIONS IN NEW YORK CITY.
MOST OF THEM LIVE IN QUEENS, AND IN QUEENS AS WE ARE THE WORLD'S
BOROUGH CELEBRATING THE DIVERSITY OF THE WORLD I WANT TO HONOR AND
RECOGNIZE THE LEADERSHIP OF OUR BANGLADESHI COMMUNITY MEMBERS, WE
HAVE VIBRANT SMALL BUSINESSES, RESTAURANTS AND CULTURAL INSTITUTIONS,
PLACES OF FAITH AND WE ARE HOME TO ORGANIZATIONS LIKE THE JACKSON
HEIGHTS BANGLADESHI BUSINESS ASSOCIATION AND WE HAVE LEADERSHIP OF
FOLKS REPRESENTING ORGANIZATIONS LIKE BANGLADESHI AMERICANS FOR
POLITICAL PROGRESS. AND IN FACT THIS SUNDAY WE WILL BE NAMING 73RD
STREET BETWEEN 37TH AVENUE AND BROADWAY BANGLADESH STREET. SO I'M
REALLY THRILLED TO BE HERE TO CELEBRATE A BANGLADESHI AMERICAN
COMMUNITY, MYSELF AND THE DISTRICTS THAT SURROUND US, DISTRICT 39 AND
30 WHICH MAKE UP SUCH A LARGE AND VIBRANT COMMUNITY. SO THANK YOU
27
NYS ASSEMBLY MARCH 22, 2023
TO THE SPONSOR FOR THIS RESOLUTION. I'M PROUD TO JOIN MY COLLEAGUES AND
VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER TAYLOR: THANK YOU.
MS. MCMAHON ON THE RESOLUTION.
MS. MCMAHON: THANK YOU, MR. SPEAKER. AND
MY CONGRATULATIONS TO THE SPONSOR OF THIS VERY IMPORTANT RESOLUTION. I,
TOO, REPRESENT A VERY SIGNIFICANT AND ACTIVE BANGLADESHI COMMUNITY IN
THE 146 ASSEMBLY DISTRICT, DISTRICT UP IN WESTERN, NEW YORK. I'D LIKE
TO WISH MY BANGLADESHI CONSTITUENTS A VERY HAPPY INDEPENDENCE DAY
AND I'D LIKE TO GIVE A SHOUT-OUT TO AN ORGANIZATION IN MY DISTRICT CALLED
BASCO, THE BANGLADESHI AMERICAN SOCIAL AND CULTURAL ORGANIZATION.
I WANT TO THANK THEM FOR THEIR ENGAGEMENT IN OUR COMMUNITY. THEY
WERE A MOVING FORCE BEHIND AN EARLIER RESOLUTION THAT I HAD CELEBRATING
MOTHER LANGUAGE DAY AND I LOOK FORWARD TO WORKING WITH THEM TO
MAKE OUR COMMUNITY ALWAYS A BETTER PLACE. THANK YOU SO MUCH.
ACTING SPEAKER TAYLOR: THANK YOU.
MS. PEOPLE-STOKES FOR -- ON THE RESOLUTION, MY
APOLOGIES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO MAKE COMMENTS ON THIS AND OTHER
RESOLUTIONS THAT WE'VE HEARD TODAY. I FIRST WANT TO SAY THAT MY DISTRICT
OF 141ST HAS PROBABLY GAINED MORE POPULATION FROM THE BANGLADESH
COMMUNITY MORE THAN ANY OTHER POPULATION THAT IS COMING INTO THAT
DISTRICT. AND I'M HONORED TO HAVE THEM. THEY ARE COMMITTED CITIZENS
AND THEY -- THEY WORK HARD AND IT'S -- IT'S A GREAT OPPORTUNITY TO HAVE
28
NYS ASSEMBLY MARCH 22, 2023
THEM JOIN MY DISTRICT. BUT I ALSO WANT TO SAY THIS AS IT RELATES TO THE
GREEK INDEPENDENCE DAY AS WELL AS THE PUERTO RICAN EMANCIPATION
DAY, WHAT VALUE WE HAVE SPOKE HERE TODAY IN THESE CHAMBERS IN
RESPECTING PEOPLES' HERITAGE, RESPECTING PEOPLES' CULTURE AND HONORING
AMERICAN HISTORY, THIS IS WHAT WE'RE TALKING ABOUT HERE TODAY. AND
WHEN YOU LOOK ACROSS THE SCOPE OF THIS COUNTRY THERE ARE MANY PEOPLE
WHO WANT TO DENY HISTORY, THEY DON'T EVEN WANT YOU TALKING ABOUT IT.
AND HERE WE ARE IN OUR CHAMBERS DOING EXACTLY WHAT WE SHOULD BE
DOING, HONORING THE PEOPLE WHO CONTRIBUTE TO MAKE THIS COUNTRY GREAT.
WHAT A PLEASURE IT IS. SO I WANT TO COMMEND ALL OF THE SPONSORS. INEZ
DICKENS, MR. TANNOUSIS AND MS. RAJKUMAR FOR INTRODUCING THESE
RESOLUTIONS TODAY THAT ALLOW US TO CELEBRATE AMERICAN HISTORY. THANK
YOU ALL SO MUCH.
ACTING SPEAKER TAYLOR: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 215, MR. GIBBS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 7TH THROUGH THE 13TH, 2023, AS HEART
RHYTHM WEEK WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER TAYLOR: MR. GIBBS ON THE
RESOLUTION.
MR. GIBBS: THANK YOU, MR. SPEAKER. I RISE TODAY
ABOUT MY RESOLUTION FOR HEART RHYTHM WEEK. THIS RESOLUTION IS VITAL
TO RAISE AWARENESS ABOUT ARRHYTHMIAS AND HEART RATES. ARRHYTHMIA IS A
29
NYS ASSEMBLY MARCH 22, 2023
CONDITION WHERE THE HEARTBEAT IS IRREGULAR MEANING BEATING TOO FAST OR
TOO SLOW WHICH CAN CAUSE SERIOUS SIDE EFFECTS SUCH AS IRREGULAR
BREATHING, CHEST PAINS, LIGHTHEADEDNESS, OR EVEN CARDIAC ARREST. IT'S
IMPORTANT THAT WE AS A LEGISLATIVE BODY RECOGNIZE THIS MEDICAL ISSUE AS
IN MANY CASES IT GETS OVERLOOKED WHICH IS WHY I'M PROUD TO SPONSOR
THIS RESOLUTION AND URGE MY COLLEAGUES TO JOIN ME IN RECOGNIZING THE
WEEK OF JUNE 7TH TO THE 13TH AS HEART RHYTHM WEEK IN NEW YORK
STATE. YET THIS RESOLUTION IS NEAR AND DEAR TO MY HEART. EVERYONE
EXPERIENCING ARRHYTHMIA AT SOME POINT IN THEIR LIVES, EVERYONE
EXPERIENCE IT. WHILE IT MAY BE HARMLESS FOR THOSE FREE OF HEART
DISEASE, SOME IRREGULAR HEARTBEATS CAN BE SERIOUS OR FATAL SUCH AS MY
DAUGHTER ARIEL GIBBS. ARIEL WAS BORN WITH A HEART MURMUR AND AS SHE
GREW OLDER IT ADVANCED. THE ARRYTHMIA WAS TOO MUCH THAT WHEN SHE
BECAME 21 AND AFTER GIVING BIRTH TO HER SECOND SON, HER HEART ENLARGED
AND WE LOST HER. MARCH 25TH WOULD HAVE MADE HER 28TH BIRTHDAY. BUT
I'M BLESSED BECAUSE SHE LEFT US TWO BOYS, IAN AND (INAUDIBLE)
CAMERON. BUT MORE IMPORTANTLY, MR. SPEAKER, I WANT TO THANK
MEMBERS HYNDMAN, PEOPLES-STOKES, BRIAN CUNNINGHAM, ALEX BORES,
TONY SIMONE, DE LOS SANTOS, AL TAYLOR AS WELL AS STAFFERS DEB
MILLER, NELLIE AND WAYNE JACKSON. SEE THESE WONDERFUL INDIVIDUALS
KNOW THAT I'M A PRIVATE PERSON, I GRIEVE PRIVATELY AND YOU GUYS SEE THE
SMILING AND LAUGHING EDDIE ALL THE TIME, BUT THERE WILL BE THOSE
MOMENTS WHERE I'M HURTING AND THESE INDIVIDUALS GIVE ME A SAFE SPACE
TO GRIEVE. SO GUYS, I WANT TO THANK YOU GUYS AND I URGE MY COLLEAGUES
TO PLEASE TAKE THIS RESOLUTION SERIOUSLY. THANK YOU, MR. SPEAKER.
30
NYS ASSEMBLY MARCH 22, 2023
ACTING SPEAKER AUBRY: THANK YOU, MR.
GIBBS.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
(APPLAUSE)
RESOLUTION NO. 216 THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 216, MS. JOYNER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 2023, AS KIDNEY DISEASE AWARENESS
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. PEOPLE-STOKES FOR THE PURPOSES OF A
INTRODUCTION.
MRS. PEOPLES-STOKES: MR. SPEAKER, I THINK OUR
GUESTS FROM QUEENS HAVE LEFT. THANK YOU SO MUCH. I DON'T SEE THEM --
YES, THANK YOU FOR THE OPPORTUNITY, MR. SPEAKER, BUT ARE GUESTS FROM
QUEENS HAVE LEFT.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
ACTING SPEAKER ZEBROWSKI: PAGE 8,
CALENDER NO. 32, THE CLERK WILL READ.
THE CLERK: BILL NO. A02878, CALENDER NO. 32,
AUBRY, KIM, TAYLOR, BURGOS, REYES, HEVESI, FAHY, O'DONNELL,
31
NYS ASSEMBLY MARCH 22, 2023
MITAYNES, ANDERSON, MAMDANI, JACKSON, CLARK, SIMON,
GONZÁLEZ-ROJAS, SEAWRIGHT, CARROLL, GALLAGHER, DARLING, BURDICK,
CRUZ, EPSTEIN, HUNTER, MEEKS, WEPRIN, KELLES, L. ROSENTHAL, OTIS,
COOK, DINOWITZ, SEPTIMO, TAPIA, LUNSFORD, ARDILA, SIMONE, RAGA,
SHIMSKY, ALVAREZ, DE LOS SANTOS, BORES. AN ACT TO AMEND THE
CRIMINAL PROCEDURE LAW, IN RELATION TO MOTIONS TO VACATE JUDGMENT;
AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER ZEBROWSKI: MR. AUBRY, AN
EXPLANATION HAS BEEN REQUESTED.
MR. AUBRY: CERTAINLY. THIS IS BILL 2878. IT
AMENDS ARTICLE 440 OF THE CRIMINAL PROCEDURE LAW WHICH GOVERNS
POST-JUDGMENT MOTIONS TO PROVIDE PEOPLE PREVIOUSLY CONVICTED OF
CRIMES THE OPPORTUNITY TO -- FOR A MEANINGFUL REVIEW TO ASSURE REDRESS
FOR WRONGFUL CONVICTIONS INCLUDING IN CASES WHERE THE PERSON PLED
GUILTY. NEW YORK STATE RANKS THIRD IN THE NATION IN THE NUMBER OF
WRONGFUL CONVICTIONS. OUR STATE HAS ALSO AN EXTREMELY HIGH RATE OF
PLEA BARGAINING. SOME ESTIMATE BETWEEN 96 AND 98 PERCENT OF FELONY
CASES IN OUR STATE RESOLVE BY PLEA AGREEMENT, NOT TRIAL. NINETY-NINE
PERCENT OF MISDEMEANORS RESOLVE THE SAME WAY. PEOPLE WHO PLEAD
GUILTY ARE THE LOWEST RATES OF EXONERATION BECAUSE OF THE MANY
STRUCTURAL BARRIERS. PRESSURE TO PLEAD GUILTY EVEN TO CRIMES THEY DID
NOT COMMIT BECAUSE THE PRETRIAL PROCESS HAS LASTED SO LONG THAT AFTER
WAITING MONTHS OR EVEN YEARS FOR THE CASE TO RESOLVE THEY COULD WAIT
NO LONGER. UNDER THE STATE'S PREVIOUS CRIMINAL DISCOVERY LAW, THE NOW
REPEALED CRIMINAL PROCEDURE LAW ARTICLE 240, PEOPLE WERE NOT
32
NYS ASSEMBLY MARCH 22, 2023
ENTITLED TO SEE THE BASIC EVIDENCE IN THEIR CASE INCLUDING WITNESS
STATEMENTS AND POLICE REPORTS UNTIL THE TRIAL BEGAN. COUNTLESS NUMBERS
OF PEOPLE PLED GUILTY BECAUSE OF THE PRESSURE TO PLEAD EVEN IN CASES
WHERE THE EVIDENCE MAY NOT HAVE SUPPORTED A GUILTY PLEA OR THEY WERE
IN FACT INNOCENT. THE BILL INCREASES PROTECTIONS FOR PEOPLE WHO ARE
ACTUALLY INNOCENT INCLUDING ENSURING THAT THEY ARE PERMITTED UNDER THE
LAW TO SUBMIT VARIOUS TYPES OF EVIDENCE OF THEIR INNOCENCE TO THE COURT
AND REQUIRE COURTS TO ORDER HEARINGS IN THOSE CASES WHICH -- WITH
COLORABLE CLAIMS FOR ACTUAL INNOCENCE. I WANT YOU TO KNOW THAT WE'VE
PASSED PREVIOUSLY A LAW IN WHICH DNA EVIDENCE CAN BE USED TO DO
THAT BUT WE ARE NOW MODIFYING THAT TO INCLUDE OTHER KINDS OF ACTUAL
INNOCENCE CLAIMS. THE BILL WOULD PERMIT POST-CONVICTION REVIEW OF
CLAIMS IN CASES THAT WENT TO TRIAL OR THOSE RESOLVED BY A PLEA. THE BILL
REMOVES PROCEDURAL BARS FOR PEOPLE TO CHALLENGE CONVICTIONS BASED ON
FALSE OR FAULTY EVIDENCE. THE BILL EXTENDS NEW DUE PROCESS PROTECTIONS
TO APPLICANTS FOR POST-CONVICTION RELEASE, RIGHTS TO ACCESS COMPLETE
DISCOVERY OF BOTH THE PROSECUTION AND THE DEFENSE COUNSEL'S FILES,
ACCESS TO INCLUDING RETESTING OF PHYSICAL EVIDENCE. THE BILL ALSO
EXPANDS PROTECTIONS FOR PEOPLE EXPOSED TO SIGNIFICANT COLLATERAL
CONSEQUENCES FOR THEIR CONVICTIONS. THE BILL BRINGS NEW YORK IN LINE
WITH FIVE OTHER STATES AND THE DISTRICT OF COLUMBIA THAT HAVE
MECHANISMS FOR PEOPLE TO CLEAR OLD CONVICTIONS FOR CRIMES THAT HAVE
SUBSEQUENTLY BEEN DECRIMINALIZED.
WE HAVE SEEN A NUMBER OF EXONERATIONS IN THIS STATE.
MORE RECENTLY WE SAW EXONERATIONS IN THE CASE OF THE CENTRAL PARK
33
NYS ASSEMBLY MARCH 22, 2023
FIVE, WE SAW THEM IN THE MURDER CONVICTIONS OF MALCOLM X AND ANY
OTHER NUMEROUS CASES THAT EITHER NEW EVIDENCE WAS FOUND OR FAULTY
METHODS IN PROSECUTION WERE DETECTED AND RESOLVED. MANY TIMES THAT'S
RESOLVED BY DISTRICT ATTORNEYS WHO HAVE CREATED UNITS TO REVIEW THOSE
CASES. HOWEVER, THE NUMBER OF PLEA BARGAINS LEAVES US SUSPECT AS TO
WHETHER OR NOT WE HAVE BEEN ABLE TO FIND THOSE KINDS OF CASES IN -- IN
MANY OTHER SITUATIONS AS WELL AS WHETHER OR NOT IT IS DONE EQUALLY
ACROSS THIS STATE. AND WE THINK THAT A LAW THAT WILL REQUIRE THAT AND
WILL PROVIDE THAT KIND OF ACCESS TO APPLICANTS SHOULD BE ENACTED. SO
JUST TWO PERSONAL NOTES. I GUESS I'M STILL ON TIME? HAVE I STILL GOT A
LITTLE TIME LEFT?
ACTING SPEAKER ZEBROWSKI: ANOTHER
MINUTE.
MR. AUBRY: ANOTHER MINUTE, OKAY. SO TWO
PERSONAL ATTACHMENTS. I TRIED TO FIGURE OUT THIS WAS A BILL WE PASSED
LAST YEAR I THINK 100 TO 40- SOMETHING. WHY I'M CARRYING IT. WELL, OF
COURSE THE SPONSOR HAS LEFT US AND WENT AND PASSED IT LAST YEAR IN OUR
HOUSE. SO IN MY MUSING OF, OKAY, WHAT ARE YOU DOING CARRYING THIS
BILL, YOU'RE NOT A LAWYER. BUT I GUESS I DO HAVE A HISTORY OF LOOKING AT
ISSUES OF SOCIAL JUSTICE AND CRIMINAL JUSTICE. BUT EVEN MORE
IMPORTANTLY MALCOLM X LIVED ON THE SAME BLOCK THAT I LIVED. IN FACT, IT
WAS THE HOUSE THAT WAS BOMB -- BOMBED IF YOU REMEMBER THAT
CONNECTION AND I KNEW HIS FAMILY AND KNEW HIS WIFE. AND AT THE SAME
TIME TWO BLOCKS DOWN FROM ME AS IT JUST SO HAPPENS, THERE WAS A
ROBBERY OF A CHECK CASHING FACILITY WHERE A POLICE OFFICER WHO WAS
34
NYS ASSEMBLY MARCH 22, 2023
ACTING AS SECURITY AND A MANAGER WHO WERE KILLED BY THE ROBBERS. AND
IN THAT CASE THREE MEN FROM THE COMMUNITY WERE ARRESTED AND WENT TO
JAIL FOR THAT UNTIL IT WAS DISCOVERED THROUGH WORK BY INDEPENDENT
COUNCILS THAT THERE WAS KNOWLEDGE OF ANOTHER SUSPECT THAT IN FACT
TURNED OUT TO BE THE ACTUAL COMMITTER OF THE CRIME. WHAT HAPPENS TO
PEOPLE WHEN THEY'RE CAUGHT IN THIS? THEY SERVE UNIMAGINABLE
AMOUNTS OF TIME IN PRISON TRYING TO GET THEMSELVES FREE PROCLAIMING
THEIR INNOCENCE OR DECIDING TO OPT OUT TO A PLEA BARGAIN IN ORDER TO END
THE TORTURE OF BEING INCARCERATED THOUGH INNOCENT. AND SO IT IS THOSE
KIND OF MOTIVATIONS THAT DRIVE ME OR DROVE ME TO TAKE THIS LEGISLATION
AND I HOPE THAT I DO THE FORMER SPONSOR PROUD IN CARRYING THIS
LEGISLATION THIS YEAR. THANK YOU.
ACTING SPEAKER ZEBROWSKI: THANK YOU, MR.
AUBRY.
MR. MORINELLO.
MR. MORINELLO: THANK YOU. WILL THE SPONSOR
YIELD FOR A COUPLE QUESTIONS?
ACTING SPEAKER ZEBROWSKI: MR. AUBRY, WILL
YOU YIELD?
MR. AUBRY: MR. MORINELLO, I WILL. ANY QUESTION
YOU HAVE TO ASK ME I'LL YIELD TO, SIR.
MR. MORINELLO: THANK YOU VERY MUCH, SIR.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MR. MORINELLO: SO ARE WE TO UNDERSTAND THAT
35
NYS ASSEMBLY MARCH 22, 2023
THIS ALSO WOULD COVER IN THE EVENT SOMEONE ACTUALLY WAS EITHER FOUND
GUILTY BY TRIAL OR PLED GUILTY TO A CRIME THAT ACTUALLY EXISTED AT THE TIME
OF THE PLEA BUT SUBSEQUENT TO THAT SOME YEARS LATER WAS DECLARED, WAS
CHANGED, THAT THIS WOULD ALSO APPLY TO THE PERSON --
MR. AUBRY: YES, THAT'S TRUE.
MR. MORINELLO: -- WHO COMMITTED THE CRIME
WHILE IT WAS A CRIME.
MR. AUBRY: YES, THAT -- THAT IS ABSOLUTELY TRUE THAT
IS THE CASE IS USED ABOUT WHERE THE SPONSOR -- FORMER SPONSOR WAS
PARTICULARLY ANXIOUS TO TALK ABOUT THE UTILITY KNIVES WHICH WERE ILLEGAL
AT ONE TIME AND THEN WERE DECRIMINALIZED AS WELL AS PROVEN TO BE
UNCONSTITUTIONAL FOR THEM TO HAVE BEEN CRIMINALIZED. AND SO IT WOULD
ALSO DO THAT.
MR. MORINELLO: BUT WOULD IT ALSO APPLY TO ANY
LAW THAT WAS CHANGED THAT WAS NEVER DECLARED UNCONSTITUTIONAL?
MR. AUBRY: IF THERE WAS A CHANGE IN LAW, YES.
MR. MORINELLO: OKAY. RECENTLY THIS BODY,
THERE WAS A RULE THAT YOU COULD NOT GET OFF A --
MR. AUBRY: ONE MINUTE. CAN WE -- CAN WE --
ACTING SPEAKER ZEBROWSKI: COLLEAGUES,
WE'RE ON DEBATE.
MR. AUBRY: THE DOOR -- THE DOOR IS THE PROBLEM.
THANK YOU.
ACTING SPEAKER ZEBROWSKI: -- THAT ENTAIL
BOTH TALKING IN THE CHAMBERS AND WALKING IN AND OUT, IF WE COULD
36
NYS ASSEMBLY MARCH 22, 2023
RESTRICT THAT A BIT SO THE FOLKS CAN HEAR EACH OTHER. THANK YOU.
MR. MORINELLO: THANK YOU.
MR. AUBRY: THANK YOU.
MR. MORINELLO: LITTLE NOISE OUT IN THE HALL
TODAY, THAT'S ALL, SO THANK YOU.
ON THE BILL. I'M JUST GOING TO MAKE A STATEMENT.
MR AUBRY: ON THE BILL, SIR.
MR. MORINELLO: THANK YOU VERY MUCH.
ACTING SPEAKER ZEBROWSKI: IT'S MY JOB RIGHT
NOW, MR. AUBRY.
ON THE BILL.
MR. MORINELLO: THANK YOU, MR. SPONSOR. SO
THEY COULD HEAR ME.
(LAUGHTER/APPLAUSE)
MR. AUBRY: OLD DOG, NEW TRICKS.
MR. MORINELLO: YOU DID A GREAT JOB. IN NEW
YORK, STATE CRIMINAL PROCEDURE LAW PROVIDES MANY, MANY VEHICLES
FOR THOSE WHO WERE CONVICTED THROUGH COLLUSION, WHO WERE FORCED,
WHO MAY HAVE BEEN INCARCERATED BECAUSE THEY COULDN'T AFFORD BAIL AND
MANY OTHER REASONS. IN ADDITION TO THAT, PRIOR TO A JUDGE TAKING A PLEA,
THERE'S A COLLOQUY THAT HE MUST GO THROUGH AND THAT THE -- IN THIS I WILL
CALL IT THE APPLICANT BECAUSE THAT'S WHAT YOU'VE REFERRED IT TO RATHER THAN
THE DEFENDANT. BUT IN THAT CASE THE APPLICANT HAS -- THIS IS AT THE TIME
OF THE PLEA. HE HAS COUNSEL, HE'S HAD A CHANCE TO REVIEW AND THERE IS A
COMPLETE COLLOQUY THAT SHOULD THE JUDGE NOT GO THROUGH WOULD VACATE
37
NYS ASSEMBLY MARCH 22, 2023
IT. AND I'M REFERRING TO THOSE CRIMES THAT ACTUALLY WERE IN EXISTENCE AT
THE TIME. WHAT THIS ONE BASICALLY SAYS IS YOU WERE CONVICTED BECAUSE
YOU BROKE THE LAW. YOU WERE EMBROILED IN A STATE THAT IS INCREASING
CRIME AND WHAT IS HAPPENING IS THIS: THERE ARE NO ONE THESE DAYS WHO
WANT TO BE RESPONSIBLE FOR THE CONSEQUENCES OF THEIR ACTIONS. THAT'S
SOMETHING I WAS TAUGHT WHEN I WAS VERY YOUNG. YOU HAVE TO BE
PREPARED. OUR YOUTH ARE CONFUSED. WE TALK ABOUT MENTAL HEALTH BUT
WHAT WE ARE DOING TO THEM, IN ONE HAND WE TELL THEM DON'T BREAK THE
LAW AND ON THE OTHER HAND WE TELL THEM IT'S OKAY, THERE'S NO
CONSEQUENCES FOR YOU. YOU CAN GET AWAY WITH IT, YOU CAN DO THIS. SO
THIS BILL HERE REALLY AND TRULY DOES NOT HAVE A BASE IN BREAKING THE LAW.
IT DOES NOT HAVE A BASIS. AND YOU COMMITTED A CRIME BUT WE'RE GOING
TO TELL YOU IT'S OKAY. YOU KNOW GROWING UP I GREW UP AS A ROMAN
CATHOLIC HOUSEHOLD AND IT WAS A PRINCIPLE THAT YOU COULDN'T EAT MEAT
ON FRIDAY OR YOU WOULD BE DAMNED TO HELL. THAT WAS CHANGED SOME
TIME DURING MY YOUNGER YEARS AND THE ISSUE BECAME ONE, DO WE ASK
THE LORD TO FORGIVE THOSE THAT BROKE THE LAW PRIOR TO THE CHANGE,
BECAUSE AT THE TIME THEY KNEW WHAT THE LAW WAS THAT THEY BROKE.
WHAT WE HAVE TO DO IS RECOGNIZE THAT WE HAVE LAWS AND YOU CAN'T
BREAK THE LAW, NOBODY EVER WANTS TO JUST SAY DON'T BREAK THE LAW. IT'S
LIKE OH, THE POOR CRIMINALS, OH, THESE POOR PERSONS. NOW -- AND I'M
NOT REFERRING TO WRONGFULLY CONVICTED. I'M NOT REFERRING TO THOSE WHO
WERE COERCED. WHAT I'M CONCERNED WITH IN THIS BILL IS THOSE THAT HAVE
ACTUALLY CONSCIOUSLY BROKE THE LAW, FOUND GUILTY BY TRIAL WITH THEIR
PEERS BEYOND A REASONABLE DOUBT, YET WE'RE ABLE TO GIVE THEM A FREE
38
NYS ASSEMBLY MARCH 22, 2023
PASS AT SOME POINT. THEY WERE IN JAIL FOR A WHILE. WE SHOULD TELL THEM
IT'S OKAY TO GO HOME. YOU KNOW USED TO BE FOR BURGLARY THAT WHETHER
YOU WERE HOME OR NOT IF SOMEONE BROKE INTO YOUR HOME, YOUR DOMAIN,
IT WAS THE SAME AS IF YOU WERE HOME OR NOT HOME. WE HAVE CHANGED
THE LAW IN THIS BODY THAT THEY'VE NOW DELINEATED THEY CAN BREAK INTO
YOUR DOMAIN, INVADE YOUR PRIVACY, BUT IT'S LESS IF YOU WERE NOT IN THAT
HOUSEHOLD. SO I FIND THAT VERY DISINGENUOUS THAT WE'VE ALREADY MADE
THAT CHANGE AND I CANNOT FOR THE LIFE OF ME UNDERSTAND WHY THERE IS A
DIFFERENTIAL. IF THEY BREAK INTO YOUR HOME, THEY SHOULD -- THE PENALTIES
SHOULD BE THE SAME. THIS IS ANOTHER WAY OF SAYING EVERYTHING'S OKAY,
YOU CAN BREAK THE LAW, WE'RE GOING TO COME UP WITH A WAY TO
EXONERATE YOU AND HAVE NO RESPONSIBILITY FOR THE CONSEQUENCES OF YOUR
ACTIONS. THANK YOU VERY MUCH AND I WANT TO THANK THE SPONSOR FOR HIS
COURTESY.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MR. GOODELL: I APPRECIATE MY COLLEAGUE'S
COMMENTS. AND I WANT TO TALK JUST FOR A MOMENT A LITTLE BIT ABOUT
SOME OF THE SPECIFICS IN THIS BILL. I SUSPECT THAT MAYBE NOT ALL OF US
HAVE THOROUGHLY READ AND CONTEMPLATED THE 12 PAGES OF AMENDMENTS
THAT ARE REFLECTED IN THIS BILL, BUT I JUST WANT TO TOUCH BASE ON SOME OF
THEM. UNDER OUR CURRENT CRIMINAL PROCEDURE LAW IF A DEFENDANT
WANTS TO CHALLENGE HIS CONVICTION OR HAVE A COURT REVIEW HIS GUILTY
39
NYS ASSEMBLY MARCH 22, 2023
PLEA HE CAN MAKE WHAT'S KNOWN AS A 440 MOTION. AND THAT BRINGS THE
MOTION BACK UP IN FRONT OF THE APPELLATE DIVISION FOR REVIEW. AND SO
IN ORDER TO MAKE THAT 440 MOTION, AS YOU WOULD EXPECT, THE MOTION HAS
TO BE MADE IN A TIMELY MANNER. YOU CAN ONLY MAKE THE MOTION ONCE,
YOU CAN'T KEEP DOING IT OVER AND OVER. IF YOU'VE ALREADY HAD A RULING
ON THAT MOTION YOU CAN'T MAKE ANOTHER MOTION. ALL THOSE PROCEDURAL
COMMONSENSE RULES ARE REJECTED IN THESE AMENDMENTS. SO THESE
AMENDMENTS SPECIFICALLY SAY YOU CAN MAKE THIS MOTION EVEN THOUGH
THE DEFENDANT UNJUSTIFIABLY FAILED TO BRING UP THE MATTER EARLY. OR IT
WAS PREVIOUSLY RULED AGAINST HIM. AND THAT'S JUST GOING TO SLOW DOWN
AND CLOG UP OUR JUDICIAL SYSTEM AND WE SHOULD EXPECT PEOPLE TO MAKE
A TIMELY MOTION, PRESERVE THEIR DEFENSES AND ALLOW THESE THINGS TO BE
REVIEWED IN A TIMELY MANNER. THERE'S SPECIAL PROVISIONS ON THIS
AMENDMENT THAT DEAL WITH UNDOCUMENTED OR ILLEGAL IMMIGRANTS WHO
ARE ARRESTED AND CONVICTED OR PLEAD GUILTY. AND WHAT THESE
AMENDMENTS SAY THAT IS IF THAT DEFENDANT WHO HAS BEEN -- WHO HAS
PLEAD GUILTY AND HAS BEEN SENTENCED WANTS TO MAKE A 440 MOTION
THERE'S A PRESUMPTION THAT THEIR GUILTY PLEA WAS NOT KNOWING AND
VOLUNTARY. A REBUTTABLE PRESUMPTION. SO IF YOU'RE HERE ILLEGALLY AND
YOU PLEAD GUILTY TO A CLASS D OR E FELONY THERE'S A -- A PRESUMPTION
THAT YOUR GUILTY PLEA SHOULD BE SET ASIDE. IRONICALLY YOU'RE ALLOWED TO
REDUCE YOUR FELONY PLEA TO A MISDEMEANOR BECAUSE WE, A FEW YEARS
AGO, REDUCED THE MAXIMUM SENTENCE STATEWIDE FOR A MISDEMEANOR TO
BE 364 DAYS INSTEAD OF 365 SO YOU WOULDN'T TRIGGER DEPORTATION,
BECAUSE APPARENTLY NEW YORK STATE WANTS TO BE A SAFE HAVEN FOR
40
NYS ASSEMBLY MARCH 22, 2023
ILLEGAL IMMIGRANTS WHO HAVE PLED GUILTY TO MISDEMEANORS. AND WE
WANT TO ASSUME THAT IF THEY PLEAD GUILTY TO A FELONY THERE'S A REBUTTABLE
PRESUMPTION THAT THEY DIDN'T MEAN TO BECAUSE IT MIGHT RESULT IN AN
ILLEGAL IMMIGRANT BEING DEPORTED FOR HAVING COMMITTED A SERIOUS
FELONY. OVER AND OVER THESE CHANGES STATE, WITH FEW EXCEPTIONS, THAT IF
THE MOTION IS GRANTED THE INDICTMENT IS SEALED. IT'S NOT AUTOMATICALLY
SENT BACK FOR A NEW TRIAL. THE CASE IS THROWN OUT. SO THESE ARE VERY,
VERY WIDE RANGING CHANGES THAT DESERVE CAREFUL CONSIDERATION. NOW
MY COLLEAGUE POINTED OUT THAT IN THE PAST THERE WAS CONCERNS ABOUT A
DEFENDANT RECEIVING INFORMATION AT THE LAST MINUTE OR EVEN AT TRIAL THAT
WOULD BE HELPFUL, BUT WE ADDRESSED THAT SITUATION A FEW YEARS AGO BY
REQUIRING EXTENSIVE DISCOVERY WELL IN ADVANCE. SO BEFORE WE PASS
LEGISLATION THAT CREATES A PRESUMPTION THAT THOSE WHO PLED GUILTY OR
WERE CONVICTED OF BEING GUILTY OF A SERIOUS FELONY DIDN'T DO SO
KNOWINGLY IF IT WOULD RESULT IN A DEPORTATION OR BEFORE WE SAY THAT YOU
ADMITTEDLY CONVICTED -- WERE CONVICTED OR PLEAD GUILTY OF A CRIME AND
THERE WAS NO DEFENSE AND YOU'RE NOT RAISING A DEFENSE AND YOU'VE NEVER
RAISED A DEFENSE THAT YOU CAN NEVERTHELESS WALK SCOT-FREE IF AT ANY TIME
IN THE FUTURE THE LEGISLATURE CHANGES THE LAW. I THINK OUR POSITION
SHOULD BE REALLY CLEAR. WE EXPECT ALL NEW YORKERS TO COMPLY WITH ALL
THE CURRENT LAWS. THAT SHOULD ALWAYS BE OUR POSITION. THE CURRENT
PROVISIONS THAT ALLOW A REVIEW IF YOU PRESERVE IT, IF YOU RAISE IT, IF YOU
ACT IN A REASONABLE MANNER, THOSE ARE THE RIGHT PROCEDURES AND SHOULD
REMAIN IN PLACE. AS WAS ONE OF THE REASONS MENTIONED BY MY
COLLEAGUE AND FOR THE SERIOUSNESS OF THESE VERY BROAD CHANGES, I WOULD
41
NYS ASSEMBLY MARCH 22, 2023
RECOMMEND THAT WE NOT ADOPT THIS LEGISLATION. THANK YOU, MR.
SPEAKER AND AGAIN, THANK YOU TO BOTH COLLEAGUES.
ACTING SPEAKER ZEBROWSKI: MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MS. WALKER: IN THE BEAUTIFUL COMMUNITY OF
BROOKLYN, NEW YORK IN KINGS COUNTY THERE HAVE BEEN OVER 500
EXONERATED CASES THAT WERE BASED ON WRONGFUL CONVICTIONS. MANY OF
THEM CAME AS A RESULT OF THE MISCONDUCT OF POLICE OFFICERS AT MANY
DIFFERENT STAGES OF THEIR INVESTIGATION. SOME OF THEM CAME BECAUSE
YOUNG MEN WHO WERE STANDING ON THE BASKETBALL COURT ENJOYING A
BEAUTIFUL SUMMER DAY WERE APPROACHED AND OFFERED IN SOME INSTANCES
$10 TO COME AND STAND IN AT A LINE-UP AND THEY SAY OH, DON'T WORRY
ABOUT IT. YOU WON'T BE PICKED OUT, YOU WEREN'T THERE. WE JUST NEED TO
HAVE AN APPROPRIATE LINE-UP SO THAT SOMEONE CAN COME IN AND FIGURE
OUT WHO ACTUALLY COMMITTED THIS ROBBERY YESTERDAY. SOMETIMES THAT
DECISION COULD HAVE BEEN BASED ON THE FACT THAT MAYBE THAT PERSON WAS
HUNGRY THAT DAY AND THEY REALLY NEEDED THE $10 AND BELIEVED IN THEIR
HEART THAT JUSTICE WAS GOING TO PREVAIL AND THAT THEY WOULD BE ABLE TO
GO HOME THAT DAY. WELL, GUESS WHAT? THEY WERE PICKED OUT IN THAT
LINE-UP, ALTHOUGH THEY WERE NOT AT THE SCENE OF THE CRIME. ALTHOUGH
THEY MAY NOT EVEN HAVE BEEN IN THE STATE AT THE TIME THAT THE CRIME
WAS CONVICTED -- WAS COMMITTED. EVEN IN CIRCUMSTANCES WHERE AT TRIAL
THE INFORMATION ABOUT THE FAULTY IDENTIFICATION OF INDIVIDUALS WERE
42
NYS ASSEMBLY MARCH 22, 2023
PRESENTED, THE CASE WOULD STILL PROCEED BECAUSE YES, WE HAVE THE RIGHT
GUY. AND THEY SPEND 25 AND 30 YEARS IN PRISON AS IN THE CASE MOST
RECENTLY OF SHELDON THOMAS WHO JUST SO HAPPENED TO HAVE LIVED IN THE
SAME COMMUNITY OF ANOTHER SHELDON THOMAS, BUT HIS CASE WAS
RECENTLY OVERTURNED. THEN WE HAVE DEALT WITH A NUMBER OF
CIRCUMSTANCES HERE WITHIN THIS CHAMBER. FOR INSTANCE, BAIL. WE
KNOW THAT BAIL SOMETIMES IS UTILIZED AS A TOOL FOR PROSECUTORS TO BE
ABLE TO HOLD SOMEONE BEHIND BARS AND THEN THEY COULD SAY I KNOW YOU
WANT TO GO HOME TODAY SO JUST PLEAD GUILTY TO THIS PARTICULAR CASE AND
YOU'RE GOING TO LEAVE. AND THAT PERSON NEVER GETS AN OPPORTUNITY TO
LEAVE SIMPLY BECAUSE THEY BELIEVED IN THE SYSTEM AND THEY BELIEVED
THAT THEY WERE GENUINELY GOING TO GO HOME THAT DAY. OR WE ALSO DID
SOMETHING GREAT WITH DISCOVERY AND WE SAID A LOT OF TIMES PEOPLE ARE
GETTING CONVICTED AT THE EVE OF TRIAL BECAUSE THEIR -- THEIR -- THEIR
DEFENSE COUNSEL WAS NOT RECEIVING THE INFORMATION THAT MAY LEAD TO
THEM BEING LET GO AT A TIMELY FASHION TO BE ABLE TO PUT FORTH A PROPER
DEFENSE. AND THEY ARE CONVICTED EVEN THOUGH THEY HAVE NEVER HAD AN
OPPORTUNITY TO SEE THE EVIDENCE THAT WAS PRESENTED AGAINST THEM UNTIL A
POINT WHERE THERE WAS NOTHING THAT THEY COULD DO ABOUT IT. AND THEN
THEY TRY IN SO MANY DIFFERENT INSTANCES AND THEY SAY YOU KNOW WHAT? I
AM NOT GOING TO PLEAD TO THIS. I AM NOT GOING TO GIVE UP MY -- MY
INNOCENCE EVEN THOUGH I GO TO THE PAROLE BOARD YEAR, AFTER YEAR, AFTER
YEAR, AFTER YEAR AND THEY WANT ME TO SAY YOU KNOW WHAT? I DID
COMMIT THIS CRIME AND I FEEL SORRY FOR ALL OF THE VICTIMS WHO WERE HURT
AS A RESULT OF MY ACTIONS AND THEY WON'T DO IT BECAUSE THEY KNOW IN
43
NYS ASSEMBLY MARCH 22, 2023
THEIR HEART THAT THEY DID NOT COMMIT THE UNDERLYING CRIME. AND EVEN
THAT INSTANCE IS STILL NOT ENOUGH FOR THEM TO BE ABLE TO MAKE THE
MOTIONS IN THE PAST SO THAT THEY CAN BE RELEASED AND BE BACK AT HOME
WITH THEIR FAMILIES. NOTWITHSTANDING A DYING MOTHER OR DYING
GRANDMOTHER OR DYING CHILD, WHEREVER THEIR CIRCUMSTANCES ARE THIS
PERSON IS STILL TO BE COMMITTED BEHIND BARS FOR DECADE, AFTER DECADE,
AFTER DECADE. AND SO WE ARE EXCITED TODAY THAT THEY WILL HAVE AN
OPPORTUNITY FOR THEM TO BE JUSTIFIED IN THEIR -- IN THEIR -- IN THEIR -- AND
DIGNIFIED IN THEM SAYING THAT I AM TRULY AND TRULY INNOCENT HERE. AND
SO WE ARE ASKING FOR A JUDGE NOT TO JUST SET ME FREE, BUT TO ALLOW ME
THE OPPORTUNITY TO PROVIDE THE DNA EVIDENCE THAT EXONERATES ME.
ALLOW PEOPLE THE OPPORTUNITY TO RECANT THEIR TESTIMONY SO THAT I CAN GO
HOME. ALLOW THE PERSON WHO ACTUALLY COMMITTED THE CRIME WHO IS
SITTING NEXT DOOR TO ME IN THE CELL WHO SAID I WAS THE ONE WHO
COMMITTED THE CRIME EVEN THOUGH THE DISTRICT ATTORNEY IS SAYING THAT
PERSON IS LYING. ALLOW THEM TO MOVE FORWARD SO THAT I CAN GO HOME
AND BE PRODUCTIVE CITIZENS JUST LIKE YOU AND I WITHOUT A RECORD THAT WILL
HOLD ME BACK FROM HOUSING, THAT WILL HOLD ME BACK FROM EMPLOYMENT
OPPORTUNITIES, THAT WILL HOLD ME BACK FROM EDUCATIONAL EXPERIENCES.
AND SO WE'RE JUST SAYING TO GIVE THESE PEOPLE AN OPPORTUNITY TO PROVE
THEIR INNOCENCE BECAUSE AGAIN THE AMERICAN DREAM IS THAT WE ARE
INNOCENT UNTIL PROVEN GUILTY. AND IN FACT, WE ALSO ARE IN TIMES OF DUE
PROCESS AND ANYTIME THERE'S ANYTHING THAT CONFLICTS WITH OUR AMAZING
CONSTITUTIONAL RIGHTS WE STILL HAVE TO DEFEND THEM AT WHATEVER THE STAGE
IS NO MATTER WHERE THE INJUSTICE TOOK PLACE. AND SO IT IS AN HONOR TO
44
NYS ASSEMBLY MARCH 22, 2023
STAND AND SPEAK ON BEHALF OF THIS PARTICULAR BILL AND AT THE APPROPRIATE
TIME I ENCOURAGE MY COLLEAGUES TO, YOU KNOW, LOOK DEEP INSIDE OF
YOURSELVES, NOT JUST YOUR POLITICAL CONNECTIONS BUT TO REALLY JUST LOOK AT
THE THING THAT BINDS EACH AND EVERY ONE OF US, HUMANITY. AND I WILL
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: A PARTY VOTE
HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE OPPOSED TO THIS. THOSE WHO SUPPORT IT
ARE CERTAINLY ENCOURAGED TO VOTE IN FAVOR HERE ON THE FLOOR OF THE
ASSEMBLY. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION. HOWEVER THERE MAY BE A FEW OF OUR
COLLEAGUES THAT WOULD LIKE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO
DO SO.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
45
NYS ASSEMBLY MARCH 22, 2023
MR. AUBRY TO EXPLAIN HIS VOTE.
MR. AUBRY: THANK YOU, MR. SPEAKER. FIRST OF ALL,
I WANT TO COMMEND MY COLLEAGUES FOR THEIR THOUGHTS AND CONCERNS ON
THIS ISSUE. I STAND IN SUPPORT OF THIS LEGISLATION. I WANT TO THANK THE
FORMER SPONSOR WHO I HOPE WE HAVE HELD FAITH TO HIS FIRM BELIEF IN
JUSTICE AND THE RULE OF LAW. I ALSO THINK THAT THE ONE ISSUE THAT WE DON'T
TALK ABOUT WHEN WE TALK ABOUT THIS IS THE UNEQUAL INCARCERATION OF
MINORITIES IN THIS STATE AND IN THIS COUNTRY AND THAT RACE SEEMS TO
ALWAYS MATTER ONE WAY OR ANOTHER. AND CERTAINLY IN THE CASES BOTH OF
PLEA AGREEMENTS YOU WILL FIND BY DOING STATISTICS HOW MANY MORE
PEOPLE OF COLOR ARE FORCED INTO PLEA AGREEMENTS BECAUSE THEY HAVE
BEEN HELD UNCONSCIONABLY IN SOME OF OUR FACILITIES. TIME IN RIKERS.
WE KNOW KALIEF BROWDER AND SEVERAL OTHER INDIVIDUALS HAVE SUFFERED
AWFUL CONSEQUENCES BECAUSE ACCUSED, BUT NOT CONVICTED, THEY ARE HELD
AND ULTIMATELY FORCED TO CONFESS TO A CRIME THAT THEY MAY NOT HAVE
COMMITTED. I DON'T MEAN ALL, BUT THERE'S CERTAINLY BEEN ENOUGH CASES
FOR US TO ASSUME THAT IT GOES ON MORE THAN IT IS DISCUSSED AND MORE
THAN IT IS ADMITTED TO. IN THIS COUNTRY WE BELIEVE THAT JUSTICE IS BLIND.
AND THAT THE WEIGHING OF EVIDENCE IS DONE IN AN EQUAL FASHION. BUT
YET WE KNOW THAT IF YOU HAVE A HIGH-PRICED LAWYER YOUR POSSIBILITY OF
JUSTICE IS INCREASED EXPONENTIALLY. AND IF YOU ARE NOT SO REPRESENTED,
THAT YOUR OPPORTUNITIES FOR JUSTICE ARE DIMINISHED. SO WHAT WE DO HERE
IS PROVIDE AN OPPORTUNITY FOR INDIVIDUALS WHO CAN PROVE, EVEN IF THEY
HAVE BEEN CONVICTED OR PLEAD, TO FIND AN OPPORTUNITY TO PROVIDE
JUSTICE. THE BILL ALSO PROVIDES FOR COUNSEL FOR INDIVIDUALS WHO ARE
46
NYS ASSEMBLY MARCH 22, 2023
INCARCERATED, WHICH DOES NOT NOW EXIST FOR THEM. AND WE KNOW THAT
IN THE BUDGET THAT IS BEING CONTEMPLATED THERE IS DOLLARS BOTH FOR THE
PROSECUTION AND THE DEFENSE TO PROVIDE OPPORTUNITIES FOR THE
IMPROVEMENT OF DISCOVERY -- DISCOVERY. IN THOSE TRIPARTITE BILLS THAT
WE PASSED IN YEARS PAST, MY PARTICULAR INTEREST WAS IN SPEEDY TRIAL
BECAUSE IT WAS A CONSTITUTIONAL GUARANTEE. AND WE KNOW THAT IN THIS
STATE, YOU KNOW, LAWYERS WHO PRACTICE, PEOPLE IN GENERAL, THAT WE DO
NOT HAVE SPEEDY TRIAL AND THAT PEOPLE LANGUISH IN JAIL, IN PLACES THAT
THREATENS THEIR LIVES. SO WHAT I AM TRYING TO DO, WHAT THE SPONSOR WHO
FIRST DID THIS IS TRYING TO DO IS TO OPEN UP THE OPPORTUNITY SO THAT THIS
SYSTEM PROVIDES JUSTICE FOR ALL REGARDLESS OF THEIR MEANS. I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MR. AUBRY IN
THE AFFIRMATIVE.
MS. WALKER TO EXPLAIN HER VOTE.
MS. WALKER: THANK YOU, MR. -- I WOULD LIKE --
THANK YOU, MR. SPEAKER. AND I WOULD ALSO LIKE TO COMMEND THE
SPONSOR FOR THIS AMAZING PIECE OF LEGISLATION BECAUSE WE KNOW THAT ALL
TOO OFTEN IN NEW YORK STATE THERE ARE PEOPLE DUE TO INEFFECTIVE
ASSISTANCE OF COUNSEL, COERCED DEALS AND THE FEAR OF FACING HARSH
PENALTIES AT TRIAL OR FOR WHATEVER REASON PLEAD GUILTY TO CRIMES THAT THEY
DIDN'T COMMIT. UNDER PERMANENT LAW IN NEW YORK STATE PEOPLE WHO
PLEAD GUILTY TO A CRIME HAVE A FEW AVENUES TO CHALLENGE WRONGFUL
CONVICTIONS. THE STATE ALLOWS PEOPLE TO SEEK EXONERATIONS IF THERE'S
DNA EVIDENCE THAT SUPPORTS THEIR CLAIM OF INNOCENCE. BUT IF THERE'S
47
NYS ASSEMBLY MARCH 22, 2023
NO DNA, THE ROAD TO FREEDOM IS OFTEN BLOCKED. ACROSS THE COUNTRY AT
LEAST 90 PERCENT OF ALL CRIMINAL CONVICTIONS ARE A RESULT OF A PLEA
AGREEMENT, AND MORE TO THE POINT, THE DEPARTMENT OF JUSTICE FOUND
THAT 1 IN 4 PEOPLE EXONERATED IN THE U.S. HAD INITIALLY PLEADED GUILTY.
IF THE SYSTEM FAILS EVEN ONE PERSON, IF SOMEONE SPENDS ONE DAY BEHIND
BARS FOR A CRIME THAT THEY DIDN'T COMMIT, THEN WE MIGHT AS WELL DENY
JUSTICE FOR ALL OF US. I AM PROUD TO LEND MY VOICE IN SUPPORT OF THE
ASSEMBLYMEMBERS WRONGFUL CONVICTION BILL, INCLUDING A PROVISION
THAT WOULD CREATE A POST-CONVICTION RIGHT TO COUNSEL AND A RIGHT TO
DISCOVERY AFTER CONVICTION. THIS IS WHAT FAIRNESS LOOKS LIKE. WE ALL
KNOW PEOPLE WHO HAVE CRIMINAL CONVICTIONS ON THEIR RECORD FACE
BARRIERS IN EMPLOYMENT, HOUSING, EDUCATION AND EVEN THE OPPORTUNITY
TO LEARN A TRADE. THIS BILL WILL GO A LONG WAY TOWARD CLEARING
WRONGFULLY CONVICTED PEOPLE AND GIVING THEM A CHANCE TO BE
PRODUCTIVE CITIZENS. NEW YORK IS ONE OF FEW STATES THAT DOESN'T
PROVIDE A LEGAL MECHANISM FOR PEOPLE TO PROVE THEIR INNOCENCE OR AT
LEAST HAVE THEIR CASES REVIEWED. I AM CONFIDENT THAT THE WRONGFUL
CONVICTION ACT WILL PUT US ON THE PATHWAY TO JUSTICE FOR THE
WRONGFULLY CONVICTED. THANK YOU AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MS. WALKER IN
THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. YOU KNOW, I LISTEN
REALLY INTENTLY AT THESE DEBATES BECAUSE YOU COULD TELL A MEMBER'S
48
NYS ASSEMBLY MARCH 22, 2023
EXPERIENCE BY HOW THEY THINK ABOUT THIS PIECE OF LEGISLATION. IF YOU
HAVE NEVER EXPERIENCED OR EVEN KNOW A PERSON WHO WAS WRONGFULLY
CONVICTED AND DIDN'T HAVE THE OPPORTUNITY FOR REGRESS, IT'S HARD TO
UNDERSTAND IT. SOMETIMES YOU WANT EVERYTHING TO BE EXACTLY AS THE
LAW IS BUT WE KNOW THERE ARE PEOPLE WHO COMMIT CRIMES IN THIS
COUNTRY WHO HAVEN'T EVEN BEEN TRIED, LESS KNOWN CONVICTED. SO TO
ASSUME THAT THE LAW IS ALWAYS PERFECT, IS IMPERFECT AND IT'S NOT RIGHT.
AND SO I ACTUALLY KNOW PEOPLE WHO WERE ARRESTED, DID NOT COMMIT THE
CRIME, BUT BECAUSE THEY WOULD NOT CONFESS TO IT THEY HAD THE
PROSECUTORS COMING TO THEM SAYING DON'T YOU WANT TO SEE YOUR KIDS
TOMORROW? OF COURSE THEY WANT TO SEE THEIR KIDS TOMORROW. OF
COURSE THEY WANT TO GO HOME TO THEIR FAMILIES. BUT THEY'RE NOT WILLING
TO COMMIT TO A CRIME THAT THEY DIDN'T DO. THERE ARE PEOPLE -- MEN IN
BUFFALO WHO WERE INCARCERATED FOR ALMOST 20 YEARS, FIVE OF THEM,
ACTUALLY TWO OF THEM DIED IN PRISON, WRONGFULLY CONVICTED. ALMOST
DECADES OF THEIR LIFE TAKEN AWAY BECAUSE IT WASN'T DONE RIGHT. AT
MINIMUM WE NEED TO BE ABLE TO ACKNOWLEDGE THAT WE'RE ALWAYS NOT
PERFECT, EVEN THOUGH WE WOULD LIKE TO SAY NO ONE IS ABOVE THE LAW,
THAT'S NOT TRUE. SOME PEOPLE ARE ABOVE THE LAW AND SOME PEOPLE ARE
UNDER IT. THIS PIECE OF LEGISLATION I COMMEND THE SPONSOR FOR GIVES
PEOPLE AN OPPORTUNITY TO CHALLENGE A WRONGFUL CONVICTION. NOT CREATE
SOME NEW NEWS, TO CHALLENGE THE FACT THAT THEIR LIFE HAS BEEN TAKEN
FROM THEM AND THEIR FAMILIES AND THEIR COMMUNITIES FOR DECADES.
THAT'S -- THAT'S ALL THIS DOES. IT'S FAIR, IT'S HONORABLE AND IT'S WHAT WE
SHOULD BE DOING AS AMERICANS AND AS NEW YORKERS. BY THE WAY, NEW
49
NYS ASSEMBLY MARCH 22, 2023
YORK IS ONLY FIVE STATES LEFT IN THIS NATION THAT WON'T ALLOW ITS CITIZENS
THAT OPPORTUNITY SO I AM PLEASED TO VOTE IN FAVOR OF THIS AND I HONOR THE
SPONSOR FOR INTRODUCING IT.
ACTING SPEAKER ZEBROWSKI: MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MS. SHIMSKY TO EXPLAIN HER VOTE.
MS. SHIMSKY: THANK YOU, MR. CHAIRMAN. AS A
FORMER PROSECUTOR I KNOW THAT THE PRIMARY VALUE THAT WE HAVE TO FOCUS
ON AND THAT WE HAVE TO TRY TO VINDICATE IN OUR CRIMINAL JUSTICE SYSTEM
IS FACTUAL GUILT OR FACTUAL INNOCENCE. AND THE 440 POST-CONVICTION
PROCESS WAS NEVER A PERFECT TOOL FOR DOING THAT. THE SUPREME COURT
ERODED CONSTITUTIONAL PROTECTIONS IN THIS REGARD. YOU KNOW I KNEW
THERE WAS A REAL BAD MOON RISING IN THIS COUNTRY WHEN A MAJOR
NEWSPAPER IN THE 1990S, I REMEMBER SEEING A LETTER TO THE EDITOR SAYING
THAT IT WAS PERFECTLY FINE TO EXECUTE INNOCENT PEOPLE IN THE -- IN THE
NAME OF FINALITY OF JUDGMENT. THAT'S ETHICALLY REALLY MESSED UP AND I
AM PROUD TO BE A COSPONSOR OF THIS BILL TODAY.
ACTING SPEAKER ZEBROWSKI: MS. SHIMSKY IN
THE AFFIRMATIVE.
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. IF WE TRULY BELIEVE IN THE RULE OF LAW, IN JUSTICE AND
IN HOLDING DEAR THE GUARANTEES OF THE U.S. CONSTITUTION, THEN WE HAVE A
DUTY TO VOTE IN FAVOR OF THIS BILL TO ALLOW CHALLENGES AND RECTIFICATIONS
OF WRONGFUL CONVICTIONS. IT IS THE RIGHT AND PROPER ACTION IN PROVIDING
50
NYS ASSEMBLY MARCH 22, 2023
SOCIAL AND RACIAL JUSTICE. IT IS THE RIGHT AND PROPER ACTION IN UPHOLDING
OUR OATH OF OFFICE. I COMMEND THE SPONSOR FOR BRINGING THIS MEASURE
TO THE FLOOR AND TO THE SPEAKER FOR ALLOWING IT TO GO FORWARD. I VOTE IN
THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MR. BURDICK IN
THE AFFIRMATIVE.
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK -- THANK YOU, MR. SPEAKER.
NEARLY HALF A CENTURY AGO AS A PUBLIC DEFENDER I REPRESENTED AN
INNOCENT MAN AND WE HAD A TRIAL AND WE DID EVERYTHING RIGHT AND HE
SHOULD HAVE BEEN ACQUITED. HE WAS CONVICTED. HE LANGUISHED IN JAIL
AND THIS WAS A GUY WITH SOME EMOTIONAL PROBLEMS FOR SIX OR SEVEN
YEARS BEFORE AN APPELLATE COURT DECIDED THAT HE HAD BEEN WRONGED AT
TRIAL AND REVERSED HIS CONVICTION. I'M STILL HAUNTED BY THAT. WE AS
AMERICANS SHOULD BE HAUNTED AND ARE HAUNTED BY INJUSTICE BECAUSE
AFTER ALL WE ARE A NATION FOUNDED ON THE CONCEPT OF LIBERTY AND JUSTICE
FOR ALL. BUT I SUPPOSE A LOT HERE DEPENDS ON HOW WE DEFINE JUSTICE. I
CHOOSE TO DEFINE JUSTICE FROM THE POINT OF VIEW FROM THE PERSPECTIVE OF
THE INDIVIDUAL INVOLVED AS A DEFENDANT AS AN ACCUSED IN A PROSECUTION.
OBVIOUSLY SOME OF MY COLLEAGUES SEE JUSTICE AS BEING PAINTED WITH A
MUCH BROADER BRUSH. A BROADER BRUSH THAT ASSUMES THAT EVERYONE WHO
WAS CONVICTED IS ACTUALLY GUILTY.
NOW I HAD OVER THE COURSE OF MY LEGAL CAREER ENDED
UP REPRESENTING -- IT WAS AN INTERESTING NUANCED AREA, MAJOR FEDERAL,
NATIONAL AND INTERNAL COOPERATORS WHO WERE DEBRIEFED EXTENSIVELY BY
51
NYS ASSEMBLY MARCH 22, 2023
THE UNITED STATES GOVERNMENT BECAUSE THEIR CREDIBILITY MEANT
EVERYTHING. AND IN DOWN MOMENTS I WOULD ASK THEM AND I TRUSTED
THEM. I TRUSTED THEM TO TELL ME THE TRUTH, THEY HAD TO TELL THE TRUTH.
HOW MANY PEOPLE IN JAIL ARE ACTUALLY INNOCENT? CONSISTENTLY IT WAS
TEN TO 15 PERCENT. NOW THAT COULD BE TROUBLING, BUT HUMAN NATURE
BEING SUCH IF THE JUSTICE SYSTEM FUNCTIONS WELL 85 PERCENT OF THE TIME
THAT'S NOT A BAD LAW AVERAGES, UNLESS YOU'RE IN THAT TEN TO 15 PERCENT OF
THE PEOPLE WHO ARE IN JAIL WHO ARE INNOCENT. SO WHAT I WANT TO SAY IS
THIS. I THINK THIS IS A GREAT BILL. IT ADDRESSES THE CONCERNS OF THE
INDIVIDUAL WHILE STILL PROTECTING THE PUBLIC AND I WOULD JUST SIMPLY END
WITH THIS. IN THE CORRIDOR LEADING TO THE LOB THERE ARE NOW A BUNCH OF
HISTORIC PHOTOGRAPHS THAT DEPICT WELL-KNOWN AND FAMOUS PEOPLE WHO
HAVE BEEN HERE IN THE CHAMBER OR IN THE LOB BUT PRIMARILY THE
CHAMBER. AND THERE IS A PHOTO OF MALCOLM X SITTING RIGHT UP THERE,
RIGHT ABOVE WHERE THE SPEAKER PRO TEMP IS SITTING RIGHT NOW LOOKING
DOWN. AND TO THE SPONSOR I WOULD SAY, IF HE WAS STILL THERE HE'D BE
PROUD OF YOU. I VOTE IN THE AFFIRMATIVE, THANK YOU.
ACTING SPEAKER ZEBROWSKI: MR. LAVINE IN
THE AFFIRMATIVE.
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER, AND THANK YOU
TO THE SPONSOR OF THIS PIECE OF LEGISLATION. YOU KNOW MANY OF US IN
THIS HOUSE ARE ATTORNEYS AND MANY OF US CHOSE THIS JOB BECAUSE WE
BELIEVE IN THE POWER OF THE LAW. AND IN AN IDEAL WORLD ANYONE WHO
TAKES A PLEA OR ANYONE WHO IS CONVICTED IS GUILTY. WE WOULD LIKE TO
52
NYS ASSEMBLY MARCH 22, 2023
BELIEVE THAT. THE MOVIES WOULD LIKE FOR US TO BELIEVE THAT BUT THE
MOVIES AND REALITY ARE VERY DIFFERENT. MANY PEOPLE TAKE PLEAS BECAUSE
IT'S -- THEY NEED TO GET OUT SOONER BECAUSE TEN YEARS AGO IF YOU HAD AN
IMMIGRATION HOLD IN 24 HOURS YOU CAN KISS YOUR FAMILY AND THE COUNTRY
GOODBYE WITHOUT EVEN DUE PROCESS BECAUSE YOU HAVE PERHAPS BAD
ADVICE FROM AN ATTORNEY, BECAUSE YOU MIGHT NOT UNDERSTAND WHAT'S
HAPPENING OR BECAUSE YOU MIGHT BE AFRAID. THERE'S A NUMBER OF
REASONS WHY THAT HAPPENS. AND IN COMMUNITIES LIKE THE ONE THAT
JESSICA AND I REPRESENT WHERE THERE ARE MANY IMMIGRANTS DOCUMENTED
AND UNDOCUMENTED, PEOPLE WITHOUT CITIZENSHIP OR THAT HAVE A DIFFERENT
STATUS WILL OFTEN MAKE A DECISION IN THE BEST INTEREST OF THEIR FAMILY
EVEN IF THAT MEANS THEY GET DEPORTED. BECAUSE FOR THEM IT'S ABOUT
PUTTING THEIR FAMILY FIRST. AND SO I WANT TO THANK THE SPONSOR BECAUSE
WHILE THE SECTION THAT RELATES TO HOW THIS WILL IMPACT SOMEONE'S ABILITY
TO NO LONGER BE REMOVABLE, IT'S A TINY LITTLE SECTION, IT MEANS THE WORLD
TO THOUSANDS OF NEW YORKERS WHO ARE DOCUMENTED AND
UNDOCUMENTED, WHO MAY BE PERMANENT RESIDENTS, WHO MAY BE DACA
RECIPIENTS, WHO MAY BE ASYLUM SEEKERS AND WILL FIND THEMSELVES IN
THAT POSITION AND NOW THEY ACTUALLY HAVE AN OPPORTUNITY TO SEEK
JUSTICE. AND SO FOR THAT WE THANK YOU. AND BEFORE I SIT I'D LIKE TO
REMIND MY COLLEAGUES IN THE ENTIRE STATE LEGISLATURE THAT HUMANS ARE
NOT ILLEGAL. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MS. CRUZ IN THE
AFFIRMATIVE.
MR. TAYLOR TO EXPLAIN HIS VOTE.
53
NYS ASSEMBLY MARCH 22, 2023
MR. TAYLOR: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. I THINK THE ARGUMENTS THAT HAVE BEEN LAID OUT QUITE
WELL. I WOULD SUGGEST PERHAPS WE FORGET ABOUT TITLES AND JUST LOOK AT
HUMANITY. AND IF SOMEONE IS WRONG WHAT ARE WE TRYING TO DO TO FIX IT?
EVEN IF IT'S JUST ONE PERSON TAKE THE OPPORTUNITY AND LOOK AT THAT
SCENARIO AND SEE HOW WE CAN MAKE IT BETTER, NOT WITH A PRESUMPTION
THAT THIS PERSON IS THAT GROUP OR THAT GROUP OR FROM THERE, BUT LOOK AT
THE HUMANITY OF IT AND SAY IS THIS FAIR AND IS IT THE BEST THING THAT WE
CAN DO IN THIS SITUATION AND IF IT'S NOT THEN WE NEED TO FIX IT AND I VOTE
IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MR. TAYLOR IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS MOMENTARILY TO
INTRODUCE SOME GUESTS THAT ARE IN THE CHAMBERS OF OUR COLLEAGUE
REBECCA SEAWRIGHT AND PROBABLY MOST OTHER PEOPLE WHO ARE IN THE
ROOM WOULD BE IN SUPPORT OF THESE WOMEN BEING HERE. THEY ARE FROM
THE WOMEN'S BUSINESS COUNCIL. THEY ARE CHRISTINE BOCCIA. SHE IS THE
EXECUTIVE DIRECTOR AND MANAGER AT TRADITIONAL INDUSTRIES AND
PRESIDENT OF WOMEN BUILDERS COUNCIL. JAYNE CZIK IS THE
VICE-PRESIDENT AND GENERAL COUNSEL OF CITNALTA CONSTRUCTION COMPANY.
54
NYS ASSEMBLY MARCH 22, 2023
CORDIA MURPHY IS AN ASSISTANT VICE-PRESIDENT OF WRAP-UP INSURANCE,
ADMINISTRATIVE SERVICES. ELIZABETH WEISS IS PRESIDENT OF A.C. [SIC]
MCNULTY COMPANY, INCORPORATED AND SANDRA WILKIN IS THE FOUNDER
AND THE PRESIDENT OF BRADFORD CONSTRUCTION CORPORATION. MR. SPEAKER,
WOULD YOU PLEASE WELCOME THESE AMAZING WOMEN TO OUR CHAMBERS
AND OFFER THEM THE CORDIALITIES OF OUR HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. CRYS -- -- CRYSTAL PEOPLE-STOKES, ON BEHALF OF MS. SEAWRIGHT,
THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS AMAZING GROUP OF
POWERFUL WOMEN HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU HAVE ENJOYED THE DEBATE
THAT WE ENGAGED IN AND HAVE LEARNED A BIT ABOUT OUR PROCESS AS WE
CELEBRATE THE SUCCESS THAT YOU HAVE PROVIDED BOTH YOURSELVES, YOUR
COMPANIES AND THE STATE OF NEW YORK. THANK YOU SO VERY MUCH FOR
BEING HERE.
(APPLAUSE)
MRS. PEOPLES-STOKES FOR THE PURPOSES OF --
MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS
HAVE ON THEIR DESKS AN A-CALENDAR. I'D LIKE TO ADVANCE THAT
A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION THE A-CALENDAR IS ADVANCED.
PAGE 3, RULES REPORT NO. 110, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 01060-A, RULES REPORT
NO. 110, PAULIN, THIELE, COOK, RIVERA, SEAWRIGHT, DINOWITZ, BICHOTTE
55
NYS ASSEMBLY MARCH 22, 2023
HERMELYN, BARRETT, KELLES, HEVESI, GONZÁLEZ-ROJAS, SILLITTI, DICKENS,
REYES, MAMDANI, ROZIC, EPSTEIN, JACKSON, STECK, L. ROSENTHAL,
CARROLL, BURDICK, SIMON, BURGOS, LUNSFORD, GALLAGHER, LAVINE, CLARK,
GLICK, OTIS, MCDONALD, RAGA, MCMAHON. AN ACT TO AMEND THE
EDUCATION LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO THE
DISPENSING OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01395-B, RULES
REPORT NO. 111, EPSTEIN, DINOWITZ, JACOBSON, GONZÁLEZ-ROJAS, CRUZ,
SEAWRIGHT, FORREST, REYES, BURDICK, PAULIN, BURGOS, SIMON, HYNDMAN,
KELLES, RAGA, MAMDANI, THIELE, LUNSFORD, DICKENS, DE LOS SANTOS,
GIBBS. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO PROVIDING
ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS AT THE STATE
UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03172-A, RULES
REPORT NO. 112, ZEBROWSKI, GUNTHER, BRONSON, WEPRIN, STECK,
HUNTER, STIRPE, WALLACE, RA, DURSO. AN ACT TO AMEND THE INSURANCE
LAW, IN RELATION TO INSPECTIONS OF PRIVATE PASSENGER AUTOMOBILES PRIOR
TO THE PROVISION OF COVERAGE FOR PHYSICAL DAMAGE THERETO; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05519, RULES REPORT
NO. 113, HUNTER. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO
AUTHORIZING THE DEPARTMENT OF FINANCIAL SERVICES TO PROMULGATE
56
NYS ASSEMBLY MARCH 22, 2023
REGULATIONS RELATING TO THE PAYMENT OF DEBIT AND CREDIT TRANSACTIONS AND
IMPOSITION OF RELATED FEES BY BANKING ORGANIZATIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE,
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WE'RE NOW GOING TO MOVE TO A SECTION OF OUR TODAY'S FLOOR
ACTIVITY THAT DEALS WITH SOME RULE CHANGES THAT OUR MINORITY COLLEAGUES
WOULD LIKE TO MAKE. I WOULD BE REMISS IF I DIDN'T MAKE SOME
COMMENTS EARLY ON, I'M NOT GOING TO SPEAK ON EVERY ONE OF THEM
BECAUSE I WANT TO SAY THERE ARE TEN OF THEM THAT THEY WOULD LIKE TO
INTRODUCE TO AMEND OUR ASSEMBLY RULES. MOST OF THESE PROPOSALS ARE
NOT NEW, WE'VE SEEN THEM BEFORE. AND WE HAVE REJECTED THEM IN THE
PAST. ALTHOUGH SOME OF THEM WE'VE ACCEPTED AND YOU CAN SEE SOME
RESULTS OF THAT IN OUR COMMITTEE MEETINGS AS OF NOW. HOWEVER,
COLLEAGUES UNDER THE LEADERSHIP OF SPEAKER HEASTIE WE SHOULD
REMEMBER THAT WE WORK WITH BOTH SIDES OF THE AISLE. AND WE MADE
SOME GREAT PROGRESS AND WE LOOK FORWARD TO MAKING FURTHER GREAT
PROGRESS. WE HAVE ADOPTED SOME SIGNIFICANT RULE CHANGES OF LATE TO
WORK ON IMPROVING THE EFFICIENCY AND EFFECTIVENESS OF THIS HOUSE. I
BELIEVE THAT OUR EFFORTS OVER THE YEARS HAVE DONE A GREAT DEAL TO OPEN
UP THE LEGISLATIVE PROCESS MAKING IT MORE ACCESSIBLE, TRANSPARENT AND
UNDERSTANDABLE TO THE PUBLIC. MR. SPEAKER, THESE CHANGES THAT ARE
BEING OFFERED TODAY DO NOT REFLECT THE BIPARTISAN COLLABORATION WHICH IS
OFTEN CALLED FOR. THESE PROPOSALS BEFORE US SHIFT THE BALANCE TO
MINORITY RULE, A CHANGE WITH WHICH I RESPECTFULLY DISAGREE, AS DO THE
57
NYS ASSEMBLY MARCH 22, 2023
VOTERS OF THE STATE OF NEW YORK. MAJORITY RULE IS FUNDAMENTAL TO OUR
WAY OF GOVERNING AS IT IS THE RESPECT FOR AND THE PROTECTION OF MINORITY
RIGHTS. THAT RESPECT WON'T HAVE ME CALLING FOR LAY ASIDES BECAUSE I
RESPECT THEIR OPINION AND I'M WILLING TO HEAR IT, I HOPE WE ALL ARE. WITH
THAT SAID, MR. SPEAKER, I URGE THE DEFEAT OF THESE PROPOSALS, BUT I LOOK
FORWARD TO CONTINUING TO WORK WITH ALL MEMBERS AS WE MODERNIZE AND
IMPROVE OUR PROCEEDINGS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER, FOR THE OPPORTUNITY TO ADDRESS THE LEGISLATURE HERE ON A
NUMBER OF SUGGESTED RULE CHANGES WHICH WE BELIEVE WILL IMPROVE OUR
OPERATIONS AND THE RESULTS THAT WE ACHIEVE AS A BIPARTISAN GROUP. AND I
KNOW IT'S SOMEWHAT UNUSUAL TO START OUT WITH ALL OF OUR PROPOSALS BEING
CRITICIZED BEFORE WE'VE EVEN EXPLAINED THEM. AND I APPRECIATE THE
COMMITMENT TO CONTINUE TO WORK WITH THE MINORITY. I JUST WISH IT
WOULD EXTEND TO LISTENING TO THE MINORITY BEFORE WE PRESENT OUR
SUGGESTIONS. AS MY COLLEAGUE CORRECTLY NOTED, THE LEGISLATURE WORKS
BEST WHEN WE WORK IN A BIPARTISAN WAY THAT LISTENS TO DIFFERENT VIEWS
AND WELCOMES NEW IDEAS AND WE HAVE SOME NEW IDEAS AND SOME IDEAS
THAT WE'RE STILL HOPING TO CONVINCE THE MAJORITY ARE WORTHWHILE
PURSUING. IN THAT CONTEXT, MR. SPEAKER, I OFFER THE FOLLOWING RESOLUTION
AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
58
NYS ASSEMBLY MARCH 22, 2023
THE CLERK: ASSEMBLY NO. 217, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 7 OF RULE 3 OF THE ASSEMBLY
RULES IN RELATING TO THE READING OF BILLS.
ACTING SPEAKER AUBRY: MR. GOODELL ON THE
RESOLUTION.
MR. GOODELL: THANK YOU, SIR. THIS RESOLUTION
WOULD AMEND OUR BILLS TO REQUIRE A TWO-THIRDS VOTE TO ACCEPT A
MESSAGE OF NECESSITY. NOW BEFORE ANYONE IN THE MAJORITY GETS TOO
WORRIED, I WANT TO ASSURE YOU THAT YOU IN THE MAJORITY HAVE A
TWO-THIRDS VOTE. SO ALL THIS MOTION DOES IS SAY TO OUR FRIENDS AND
COLLEAGUES IN THE MAJORITY THAT TWO-THIRDS OF YOU OR US IN THE WHOLE
SHOULD SIGN OFF ON A MOTION OR TO CONSIDER A BILL UNDER A MESSAGE OF
NECESSITY. NOW WHY IS THIS IMPORTANT? OUR STATE CONSTITUTION
PROVIDES THAT BEFORE WE AS A LEGISLATURE ACT ON ANY BILL IT SHOULD BE
AVAILABLE TO US FOR AT LEAST THREE DAYS SO THAT WE CAN READ IT AND ANALYZE
IT AND DISCUSS IT AND GET INPUT FROM OUR CONSTITUENTS AND FROM THE
PUBLIC. THREE DAYS IS WHAT OUR CONSTITUTION REQUIRES. IT'S NOT THREE
WEEKS OR THREE MONTHS, JUST SIMPLY THREE DAYS TO MAKE SURE THAT WE'RE
OPERATING IN A THOUGHTFUL, DELIBERATE MANNER. NOW THE STATE
CONSTITUTION RECOGNIZES THAT THERE MAY BE EXTRAORDINARY CIRCUMSTANCES
WHERE THERE'S AN EMERGENCY AND WE CAN'T WAIT THREE DAYS. SO THE
CONSTITUTION ALLOWS THE GOVERNOR TO ASK THE LEGISLATURE ACT WITHOUT
EVEN THREE DAYS NOTICE WITH A STATEMENT OF NECESSITY, AN EMERGENCY
STATEMENT, IF YOU WILL. THE PROBLEM IS THAT THAT EMERGENCY STATEMENT
OF NECESSITY HAS BECOME THE NORMAL PRACTICE WHENEVER WE'RE DEALING
59
NYS ASSEMBLY MARCH 22, 2023
WITH BILLS THAT ARE NOT AN EMERGENCY BUT ARE COMPLEX OR CONTROVERSIAL
OR HAVE POLITICAL SIGNIFICANCE. NOW THINK ABOUT THAT FOR A MINUTE. THE
VERY BILLS THAT WE SHOULD BE TAKING OUR TIME ON AND ANALYZING AND
REACHING OUT FOR ADVICE AND TALKING TO OUR CONSTITUENTS AND HOLDING
HEARINGS ON, IF NECESSARY, ARE THE VERY BILLS THAT ROUTINELY HAVE A
STATEMENT OF NECESSITY AND ASK US TO ACT ON SHORT NOTICE. AS A SIMPLE
EXAMPLE, LAST YEAR NINE OF THE TEN BUDGET BILLS WERE ALL PASSED WITH A
STATEMENT OF NECESSITY, NINE OUT OF TEN. AND THESE BUDGET BILLS, AS YOU
KNOW, CAN RANGE UP TO 1,000 PAGES AND DEAL WITH SOME OF THE MOST
IMPORTANT AND MOMENTOUS ISSUES THAT WE, AS LEGISLATORS, ARE CALLED
UPON TO VOTE. AND WE HAVE IN THIS LEGISLATIVE CHAMBER VOTED ON
COMPLEX BUDGET BILLS WHILE THE PRINTING COPY -- PRINTED COPY WAS STILL
WARM FROM THE PRINTER. THAT, MY FRIENDS, IS A DISSERVICE TO ALL OF OUR
CONSTITUENTS AND TO THE RESIDENTS OF THE STATE OF NEW YORK. WE SHOULD
OPERATE IN A CAREFUL, THOUGHTFUL, OPEN, DELIBERATE MANNER ON THE MOST
IMPORTANT ISSUES FACING US. AND IF THERE'S A TRUE EMERGENCY, I HAVE NO
DOUBT WHATSOEVER THAT WHETHER THEY WISH TO DO IT ON THEIR OWN WITH
THEIR TWO-THIRDS MAJORITY AS THE DEMOCRAT CAUCUS ALREADY HAS OR
WHETHER WE WANT TO DO IT ON A BIPARTISAN BASIS, WE CAN ACCEPT THE
MESSAGE OF NECESSITY. THIS RULE CHANGE GIVES EACH OF US A VOICE IN
WHETHER OR NOT WE HAVE ENOUGH TIME TO CAREFULLY AND THOUGHTFULLY
EVALUATE AND RULE ON A PARTICULAR PIECE OF LEGISLATION AND WHETHER OR
NOT IT'S A TRUE EMERGENCY OR MERELY EXPEDIENT POLITICALLY TO AVOID THE
OPENNESS AND TRANSPARENCY AND THE INPUT THAT WE ALL SEEK TO OBTAIN. SO
I'M LOOKING FORWARD TO THIS RESOLUTION THAT CALLS FOR A TWO-THIRDS
60
NYS ASSEMBLY MARCH 22, 2023
APPROVAL OF A MESSAGE OF NECESSITY, WHICH I REMIND MY COLLEAGUES
CAN BE ACCOMPLISHED JUST BY THE DEMOCRATIC CAUCUS ALONE. I LOOK
FORWARD TO ALL OF YOU SUPPORTING THAT COMMONSENSE PROPOSAL. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
A PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: I AM SURE THE DEMOCRATIC PARTY
WANTS TO JOIN THE REPUBLICANS VOTING IN FAVOR OF THIS, BUT I'LL LET MRS.
PEOPLES-STOK -- STOKE -- THE MAJORITY LEADER SPEAK FOR HER CONFERENCE.
OUR CONFERENCE IS ENTHUSIASTIC ON THIS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, ANDY
GOODELL. IT IS MY PLEASURE TO SPEAK ON BEHALF OF THE MAJORITY
CONFERENCE AND RECOMMEND THAT WE WILL NOT BE SUPPORTING THIS
RESOLUTION. OBVIOUSLY SOME OF OUR COLLEAGUES WHO FEEL LIKE THEY NEED
TO BE AN EXCEPTION CERTAINLY HAVE THAT -- WILL BE GIVEN THAT
CONSIDERATION.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY MARCH 22, 2023
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS -- THE RESOLUTION IS DEFEATED.
MR. SLATER.
MR. SLATER: THANK YOU, MR. SPEAKER. I OFFER THE
FOLLOWING RESOLUTION AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.
ACTING SPEAKER AUBRY: CERTAINLY. THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. 218, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 6 OF RULE 5 OF THE ASSEMBLY
RULES IN RELATION TO THE LENGTH OF DEBATE ON BILLS.
ACTING SPEAKER AUBRY: MR. SLATER ON THE
RESOLUTION.
MR. SLATER: ON THE RESOLUTION, THANK YOU, MR.
SPEAKER. THIS AMENDMENT TO THE RULES WOULD RESTORE UNCAPPED DEBATE
FOR ANY BUDGET BILL WHICH WE HOPE TO SEE NEXT WEEK. THE BILL IS
PASSED WITH A MESSAGE OF NECESSITY OR RESOLUTION AMENDING THE RULES
OF THE ASSEMBLY AND IT PROTECTS THE ABILITY FOR ALL MEMBERS OF THIS
HOUSE TO SPEAK FOR UP TO 30 MINUTES ON THE SAME. JUST LAST YEAR WITH
STRONG OPPOSITION FROM MEMBERS OF THE ASSEMBLY MINORITY
CONFERENCE, THIS HOUSE ADOPTED A RESOLUTION THAT LIMITED THE AMOUNT
OF TIME FOR ALL FLOOR DEBATES. LESS THAN THREE MONTHS LATER THIS SAME
HOUSE PASSED A LATE STATE BUDGET WHICH WAS NEGOTIATED BEHIND CLOSED
DOORS, PASSED IN THE DEAD OF NIGHT WITH LITTLE PUBLIC AWARENESS AND AS
MR. GOODELL POINTED OUT REQUIRED A MESSAGE OF NECESSITY FOR NINE OUT
OF THE TEN BILLS. DEBATE ON THIS FLOOR IS OFTEN THE FIRST TIME THAT THE
62
NYS ASSEMBLY MARCH 22, 2023
DETAILS OF ENACTED BUDGETS OR OTHER SIGNIFICANT BILLS ARE DISCUSSED IN A
PUBLIC SETTING. AS A NEW MEMBER OF THIS LEGISLATIVE BODY I CAN ATTEST
TO THE FACT THAT I FIND THE DEBATES TO BE INFORMATIVE, BEING EDUCATED,
LEARNING OF DIFFERENT PERSPECTIVES AND VIEWS TO HELP MAKE A SOUND
DECISION. THIS AMENDMENT TO THE RULES IS NECESSARY TO ENSURE A ROBUST
AND OPEN DEBATE WHICH IS ESSENTIAL TO PRESERVING OUR DEMOCRACY,
HELPING OUR MEMBERS MAKE MORE INFORMED VOTES AND KEEPING OUR
CONSTITUENTS AWARE OF THEIR STATE GOVERNMENT. BY VOTING FOR THIS
RESOLUTION WE WILL HONOR THE CONCERNS AND VOICES OF ALL OF OUR
CONSTITUENTS BY RESTORING OUR ABILITY TO DEBATE IMPORTANT MATTERS BEFORE
THIS HOUSE THAT EFFECT THE LIVES OF NEARLY 20 MILLION NEW YORKERS AND
AGAIN, MR. SPEAKER, I SAY ALSO ALLOW US TO EDUCATE EACH OTHER AND
PROVIDE THAT EXTRA LEVEL OF TRANSPARENCY THAT ALL NEW YORKERS DESERVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE GENERALLY SUPPORTS THIS RULE CHANGE. THOSE WHO OPPOSE IT
CAN CERTAINLY VOTE NO ON THE FLOOR OF THE ASSEMBLY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING AGAINST THIS CHANGE.
WE THOUGHT WE DID THE RIGHT THING THE LAST TIME SO HOPEFULLY WE WILL
63
NYS ASSEMBLY MARCH 22, 2023
DO THE RIGHT THING AGAIN TODAY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
RESOLUTION IS LOST.
MR. MAHER.
MR. MAHER: MR. SPEAKER, I OFFER THE FOLLOWING
RESOLUTION AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 219, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 2 OF RULE 4 OF THE ASSEMBLY
RULES IN RELATION TO THE BROADCAST OF COMMITTEE MEETINGS.
ACTING SPEAKER AUBRY: MR. MAHER ON THE
RESOLUTION.
MR. MAHER: THANK YOU, SIR. THIS AMENDMENT TO
THE RULES WOULD REQUIRE THE ARCHIVING OF COMMITTEE MEETINGS ON THE
ASSEMBLY WEBSITE. AS MANY OF US KNOW IN MARCH OF 2016 THROUGH A
BIPARTISAN EFFORT, THE MEMBERS OF THIS HOUSE MADE A STEP IN THE RIGHT
DIRECTION WHEN WE VOTED TO BRING TRANSPARENCY TO THE COMMITTEE
PROCESS BY REQUIRING THE BROADCAST OF COMMITTEES ON THE ASSEMBLY
WEBSITE WHEN PRACTICAL. WE ARE PLEASED THAT THIS REFORM WAS FINALLY
IMPLEMENTED THIS YEAR, SEVEN YEARS AFTER ITS ADOPTION. HOWEVER ONE
MORE STEP IS NECESSARY TO ENSURE FULL TRANSPARENCY OF COMMITTEE
64
NYS ASSEMBLY MARCH 22, 2023
MEETINGS. CURRENTLY COMMITTEE MEETINGS ARE LIVESTREAMED BUT UNLIKE
OUR SESSION PROCEEDINGS THE RECORDINGS ARE NOT ARCHIVED ON THE
ASSEMBLY WEBSITE. THUS, CONSTITUENTS WHO MISSED THE LIVESTREAM ARE
UNABLE TO WATCH THEIR ELECTED ASSEMBLYMEMBERS VOTE IN COMMITTEE
EVEN THOUGH THE ABILITY TO ARCHIVE THOSE MEETINGS ON THE ASSEMBLY
WEBSITE IS AVAILABLE. OUR COLLEAGUES IN THE SENATE ARCHIVE THEIR
COMMITTEE MEETINGS. NOW IT IS TIME FOR THE HOUSE TO DO THE SAME.
THIS AMENDMENT TO THE RULES IS NECESSARY TO ENSURE THAT ALL NEW
YORKERS HAVE THE ABILITY TO WITNESS THE PROCEEDINGS OF THEIR
REPRESENTATIVES IN THE PEOPLE'S HOUSE IN ALL ITS FORMS. AS WE ALL KNOW
THE WORK OF OUR STANDING COMMITTEES IS EXTREMELY IMPORTANT IN THE
SAME MANNER THAT OUR PROCEEDINGS ON THE FLOOR ARE RECORDED AND
ARCHIVED FOR PUBLIC BROADCAST. SO, TOO, SHOULD THE ACTIVITIES OF OUR
COMMITTEES. AND I JUST WANT TO ALSO NOTE THAT IN 2019 THIS HOUSE
ESTABLISHED A VERY IMPORTANT PIECE OF LEGISLATION THAT FORCED OUR IDAS
THROUGHOUT THE STATE OF NEW YORK, OVER 100 IDAS, NOT JUST TO PUBLICLY
RECORD THEIR MEETINGS, BUT ALSO TO ARCHIVE THEM. AND THAT WAS
IMPORTANT BECAUSE AS A TOWN SUPERVISOR LATER THAT YEAR IN 2020, I WAS
ABLE TO UTILIZE THIS TO ALSO MAKE SURE OUR TOWN BOARD MEETINGS,
PLANNING BOARD MEETINGS AND THEIR WORK SESSIONS WERE NOT ONLY
LIVESTREAMED BUT ALSO ARCHIVED. AND WE CAN'T JUST BE FOR TRANSPARENCY
WHEN THE TIMING IS OKAY FOR US WHEN WE ARE IN SESSION. IT'S IMPORTANT
TO ALWAYS BE ABLE TO BE TRANSPORT -- TRANSPARENT TO THE PEOPLE. SO WHEN
THEY'RE AT WORK AND THEY CAN'T BE HERE TO WATCH SESSION OR WATCH
COMMITTEES LIVE, WE SHOULD BE ABLE TO ALLOW THEM THE OPPORTUNITY TO
65
NYS ASSEMBLY MARCH 22, 2023
WATCH THEM AT THEIR OWN CONVENIENCE SO THAT THEY CAN TAKE PART IN THIS
PROCESS THAT WE ALL WORK SO HARD TO MAXIMIZE OUR WORK TO THE PEOPLE
THAT WE REPRESENT. SO I'M HOPING THAT THIS BODY WILL STAY CONSISTENT TO
OUR BELIEFS IN 2019. WE WERE RIGHT THEN, YOU ALL WERE RIGHT THEN, AND
I'M HOPING THAT YOU'LL JOIN ME IN SUPPORTING THIS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY IN SUPPORT OF THIS RESOLUTION FOR THE REASONS
MENTIONED BY MY COLLEAGUE. THOSE WHO DO NOT SUPPORT IT ARE CERTAINLY
FREE TO VOTE NO HERE ON THE FLOOR OF THE ASSEMBLY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE GENERALLY GOING TO VOTE AGAINST
THIS ONE. AS WAS STATED BY MY COLLEAGUE ON THE OTHER SIDE OF THE AISLE
THIS GOT STARTED IN '16 AND FINALLY HAPPENED. AND I BELIEVE AT SOME
POINT THE REMAINDER WILL HAPPEN AS WELL BUT IT'S NOT TODAY. SO WE'LL BE
VOTING IN THE NEGATIVE. HOWEVER, THERE MAY BE SOME OF OUR COLLEAGUES
WHO DESIRE TO BE AN EXCEPTION AND THAT IS QUITE POSSIBLE, SIR. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
THE CLERK WILL RECORD THE VOTE.
66
NYS ASSEMBLY MARCH 22, 2023
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RESOLUTION IS LOST.
MR. RA, WHY DO YOU RISE?
MR. RA: MR. SPEAKER, POINT OF ORDER.
ACTING SPEAKER AUBRY: AND YOUR POINT?
MR. RA: MY POINT IS THAT UNDER RULE 3, SECTION F OF
OUR RULES STATES: ALL RESOLUTIONS SHALL BE ADOPTED BY A MAJORITY VOTE OF
THE MEMBERS PRESENT AND VOTING. NOW, AS YOU KNOW EARLIER THIS YEAR,
WE ALSO ADOPTED A RULES CHANGES TO ALLOW FOR FAST ROLL CALLS WHICH STATES
THAT MEMBERS SHALL BE RECORDED IN THE AFFIRMATIVE UNLESS THEY ENTER A
NEGATIVE VOTE THROUGH THE ELECTRONIC VOTING SYSTEM. SO IT'S MY BELIEF
THAT GIVEN THE NUMBER OF MEMBERS I CURRENTLY SEE IN THE CHAMBER THAT
OUR RESOLUTION SHOULD HAVE BEEN PASSED BY THE NUMBER OF MEMBERS
ACTUALLY PRESENT IN THIS CHAMBER AT THE TIME OF THOSE VOTES. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: AND SO, AS YOU KNOW,
WE COUNT INDIVIDUALS WHO HAVE BEEN COUNTED PRESENT BECAUSE THEY'VE
CHECKED IN. AND IF YOU ARE LOOKING FOR A SLOW ROLL CALL YOU HAVE EVERY
RIGHT TO CALL A SLOW ROLL CALL IF YOU WANT TO CHANGE THAT MANNER OF
VOTING.
MR. RA: THANK YOU, MR. SPEAKER. PERHAPS WE'LL
HAVE FURTHER DISCUSSION ON THIS ON THE NEXT FEW RULES CHANGES THAT
WE'RE OFFERING. BUT I DO WANT TO AGAIN POINT OUT WHEN WE HAD THIS
67
NYS ASSEMBLY MARCH 22, 2023
DISCUSSION ABOUT EMPTY SEAT VOTING EARLIER IN THIS SESSION, YOU KNOW,
ONE OF THE THINGS THAT WAS ASSURED TO US WAS THAT EVERYBODY WOULD
ALWAYS BE IN THE CHAMBER PRESENT VOTING AND THERE HAVE BEEN TIMES
DURING THE VOTING ON SEVERAL OF THESE RESOLUTIONS WHERE I SAW PARTS OF
THE CHAMBER THAT SOMEBODY COULD'VE PRETTY MUCH SWUNG A TEN FOOT
POLE AROUND WITHOUT HITTING ANOTHER INDIVIDUAL. SO, THANK YOU MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR. RA.
YOUR POINT IS NOT WELL-TAKEN.
(LAUGHER)
MR. TAGUE FOR THE PURPOSES OF OFFERING A RESOLUTION,
PLEASE.
MR. TAGUE: MR. SPEAKER, FIRST OF ALL, I JUST WANT TO
SAY IT WAS SO NICE TO SEE ALL THOSE RED LIGHTS UP THERE THE LAST COUPLE OF
VOTES. BUT, MR. SPEAKER, I OFFER THE FOLLOWING RESOLUTION AND REQUEST
THE OPPORTUNITY TO EXPLAIN IT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 220, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 4 OF RULE 4 OF THE ASSEMBLY
RULES IN RELATION TO PUBLIC HEARINGS.
MR. TAGUE: ON THE RESOLUTION, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. TAGUE ON THE
RESOLUTION, PROCEED.
MR. TAGUE: THIS AMENDMENT TO THE RULES WOULD
ALLOW FOR COMMITTEE HEARING PETITIONS BY REQUIRING THAT A COMMITTEE
68
NYS ASSEMBLY MARCH 22, 2023
CHAIRPERSON CALL A PUBLIC HEARING UPON A PETITION SIGNED BY ONE-THIRD
OF THE MEMBERS OF THE COMMITTEE. AT A TIME OF MUCH-NEEDED
GOVERNMENTAL REFORM, WE MUST PROVIDE THE PUBLIC GREATER ACCESS TO OUR
COMMITTEE PROCESS AND FINALLY BRING ABOUT THE MEANINGFUL CHANGES
DESIRED BY ALL NEW YORKERS. FOR THOSE OF US WHO SUPPORT THE CAUSE OF
GOOD GOVERNMENT AND ENHANCE TRANSPARENCY, IT IS IMPORTANT TO DO ALL
WE CAN TO INCREASE RESPECT FOR THIS HOUSE AND ALL THOSE WHO SERVE IN IT.
THE FIRST STEP TO ACCOMPLISH THIS GOAL IS BY IMPROVING A PROCESS FOR
MEMBERS OF A COMMITTEE TO CALL FOR A PUBLIC HEARING.
FOR EXAMPLE, MR. SPEAKER, TWO YEARS AGO A REPORT
WAS ISSUED BY ATTORNEY GENERAL JAMES CONFIRMING A NUMBER OF
ALARMING SUSPICIONS ABOUT THE CUOMO ADMINISTRATION'S MANAGEMENT
AND WILLFUL LACK OF TRANSPARENCY REGARDING NURSING HOME DEATHS. AS A
RESULT, MR. SPEAKER, MEMBERS OF THIS HOUSE REPEATEDLY CALLED FOR
PUBLIC HEARINGS FOR OUR AGING, HEALTH AND OVERSIGHT COMMITTEES TO
SUBPOENA THE FORMER HEALTH COMMISSIONER AND MEMBERS OF THE
CUOMO ADMINISTRATION TO DEMAND ANSWERS. HOWEVER, MR. SPEAKER,
THOSE REPEATED EFFORTS WERE CONSISTENTLY DENIED. REGARDLESS OF WHICH
CONFERENCE MEMBERS BELONGED TO, ALL LEGISLATORS' THOUGHTS AND
CONCERNS REGARDING THE ISSUES EFFECTING THEIR CONSTITUENTS HAVE EQUAL
MERIT. UNDOUBTEDLY, WE ALL BENEFIT FROM LEARNING MORE AS A RESULT OF
OPEN PUBLIC HEARINGS ON CONTROVERSIAL, COMPLEX LEGISLATION OR ISSUES.
MR. SPEAKER, THIS AMENDMENT TO THE RULES IS NECESSARY TO FURTHER
EMPOWER COMMITTEE MEMBERS TO CALL FOR PUBLIC HEARINGS SHOULD THEY
FEEL THAT IMPORTANT MATTERS MUST BE ADDRESSED OR GET PUBLIC INPUT ON
69
NYS ASSEMBLY MARCH 22, 2023
PENDING LEGISLATION. BY BRINGING GREATER OPENNESS TO THE LEGISLATIVE
PROCESS THROUGH PUBLIC HEARINGS, WE WILL BE GIVING EVERY SINGLE NEW
YORKER AN OPPORTUNITY TO HAVE THEIR VOICE HEARD. MY FELLOW
COLLEAGUES, I URGE YOUR SUPPORT OF THIS IMPORTANT RESOLUTION. THANK
YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
TAGUE.
A PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE SUPPORTS THIS RULE CHANGE IN GENERAL. IF THERE'S
ANYONE WHO OPPOSES IT THEY CAN CERTAINLY VOTE NO HERE ON THE FLOOR OF
THE ASSEMBLY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE DOES NOT SUPPORT THIS OFFER OF THIS
AMENDMENT AND WE WILL LOOK FORWARD TO VOTING IT DOWN. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
RESOLUTION IS LOST.
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NYS ASSEMBLY MARCH 22, 2023
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS FOR THE PURPOSES
OF INTRODUCING SOME GUESTS THAT ARE IN THE CHAMBERS ON BEHALF OF OUR
COLLEAGUES MS. DICKENS, MR. TAYLOR, MS. BICHOTTE-HERMELYN AND MR.
VANEL. WE HAVE WITH US THIS AFTERNOON CHIEF DIVERSITY OFFICER FOR THE
GREAT CITY OF NEW YORK MICHAEL GARNER. IF YOU WOULD PLEASE
WELCOME HIM TO OUR CHAMBERS AND OFFER HIM THE CORDIALITIES OF THE
HOUSE IT WOULD BE VERY APPRECIATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES, MS. DICKENS, ALL OF THE MEMBERS GATHERED
AROUND YOU, YOU CAN GATHER THEM AROUND YOU CERTAINLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR, WELCOME YOU HERE TODAY. THANK YOU
FOR THE WORK THAT YOU'RE DOING FOR INCREASING THE OPPORTUNITIES FOR
MWBES TO PARTICIPATE IN THE ECONOMIC GROWTH THAT IS NECESSARY IN THIS
STATE. IT IS BENEFICIAL TO ALL COMMUNITIES WHEN WE HAVE THAT KIND OF
DIVERSITY AND GROWTH. THANK YOU FOR THOSE OPPORTUNITIES, THANKS FOR
YOUR WORK, FOR YEARS OF WORK, QUITE FRANKLY. I KNOW YOU WELL. THANK
YOU, SIR.
(APPLAUSE)
MS. WALSH FOR THE PURPOSES OF A RESOLUTION.
MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER. I
OFFER THE FOLLOWING RESOLUTION AND REQUEST THE OPPORTUNITY TO BRIEFLY
EXPLAIN IT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
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NYS ASSEMBLY MARCH 22, 2023
THE CLERK: ASSEMBLY NO. 221, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 7 OF RULE 4 OF THE ASSEMBLY
RULES IN RELATION TO COMMITTEES.
ACTING SPEAKER AUBRY: MS. WALSH ON THE
RESOLUTION.
MS. WALSH: YES, THANK YOU, MR. SPEAKER. SO THIS
RESOLUTION WHICH WE FINALLY REFER TO AS THE SPIRIT OF '76 HAS BEEN
INTRODUCED IN THIS CHAMBER IT FEELS SINCE 1776. IT HAS BEEN AROUND FOR
A LONG TIME AND THAT SHOULD NOT INDICATE TO ANY OF YOU THAT IT DOES NOT
HAVE ANY MERIT, I THINK IT REALLY DOES. BASICALLY WHAT IT SAYS IS THAT IF
THERE ARE ENOUGH PEOPLE WHO HAVE FILLED OUT THEIR SLIPS, WHO ARE
SPONSORING OR COSPONSORING OR MULTI-SPONSORING A PIECE OF LEGISLATION
WHEREVER IT EMANATES FROM, WHETHER IT COMES FROM OUR SIDE OF THE AISLE
OR YOUR SIDE OF THE AISLE, ONCE IT GETS TO 76 SPONSORS IT SHOULD COME TO
THE FLOOR. THERE SHOULD BE A MOTION TO DISCHARGE AND IT SHOULD COME
TO THE FLOOR. I WOULD -- I'VE OFTEN SAID THAT I WOULD LOVE TO BE A FLY ON
THE WALL IN THE MAJORITY'S CONFERENCE BUT ONLY BECAUSE I COULD THEN FLY
AWAY AND YOU GUYS ARE STILL STUCK SITTING THERE FOR HOURS AND HOURS AND
HOURS BUT IT'S MY UNDERSTANDING ANYWAY, THAT WITHIN THE OPERATIONS OF
THE MAJORITY YOU HAVE A SIMILAR TYPE OF RULE WHERE A BILL OR A MEASURE
HAS GOT TO HAVE A CERTAIN AMOUNT OF WEIGHT OF APPROVAL WITHIN YOUR
CONFERENCE IN ORDER FOR IT TO COME TO THE FLOOR. THAT'S BASICALLY WHAT
WE'RE SAYING HERE. WE KNOW WE NEED 76 VOTES TO PASS A PIECE OF
LEGISLATION. IF WE HAVE THAT MANY SPONSORS, THEN IT'S A BILL THAT'S GOT
MERIT THAT OUGHT TO COME TO THE FLOOR REGARDLESS OF WHOSE NAME IS ON IT
72
NYS ASSEMBLY MARCH 22, 2023
OR WHO WROTE IT TO BEGIN WITH. THAT WOULD -- THAT WOULD REALLY
ACCOMPLISH A COUPLE OF THINGS. I THINK ONE OF THE THINGS IT WOULD
ACCOMPLISH IS IT WOULD MAKE SURE THAT ALL GOOD IDEAS CAN COME TO THE
FLOOR FOR A VOTE. I MEAN ISN'T THAT KIND OF WHY WE'RE ALL HERE? I THINK
THAT THAT'S WHY I'M HERE. IT WOULD ALSO INCREASE MEMBER INVOLVEMENT.
AND IT WOULD REALLY TAKE AWAY WHAT -- KIND OF THE WAY THAT WE HAVE TO
DO THINGS NOW, WHICH IS A WAY TO OPERATE. I JUST DON'T THINK IT'S THE
BEST WAY. IT REQUIRES US ON OUR SIDE OF THE AISLE TO -- TO REACH OUT AND
IN ADDITION TO GETTING THOSE GOLD SLIPS AND OTHER COLORED SLIPS FILLED OUT
BY MEMBERS ON BOTH SIDES OF THE AISLE, WE ACTUALLY HAVE TO FIND
SOMEBODY TO CARRY OUR BILLS FOR US AND THAT'S A PRETTY INEFFICIENT WAY TO
OPERATE. WE -- WE ARE OPERATING THAT WAY. WE DO IT, BUT WOULDN'T IT BE
SO MUCH BETTER, COULDN'T WE GET SO MUCH GOOD WORK DONE IF WE HAD
SOMETHING LIKE THE SPIRIT OF '76 AND THIS RESOLUTION PASSED? SO I WOULD
RECOMMEND IT TO ALL OF MY COLLEAGUES. I THINK ITS TIME HAS COME AND I
WILL PROUDLY SUPPORT IT AND I DO HOPE THAT MY -- MY COLLEAGUES WILL AS
WELL. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
PARTY VOTE HAS BEEN CALLED FOR.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE SUPPORTS THE SPIRIT OF '76, THIS RESOLUTION. THOSE WHO ARE
OPPOSED SHOULD CERTAINLY VOTE NO HERE ON THE FLOOR OF THE ASSEMBLY.
THANK YOU, SIR.
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NYS ASSEMBLY MARCH 22, 2023
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL NOT BE IN FAVOR OF THIS
AMENDMENT SO LIKEWISE WE WILL BE VOTING IN THE NEGATIVE.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
RESOLUTION IS LOST.
MR. HAWLEY.
MR. HAWLEY: WELL, THANK YOU, MR. SPEAKER. I'M
HOPING THAT MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE WILL BREAK
WITH TRADITION AND VOTE ALONG WITH THIS RESOLUTION AND REQUEST THAT I'M
GOING TO PUT BEFORE YOU IN THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 222, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 7 OF RULE 5 OF THE ASSEMBLY
RULES IN RELATION TO REQUIRING THE ASSEMBLY TO BE CONVENED UPON THE
SUBMISSION OF A PETITION SIGNED BY 76 MEMBERS OF THE ASSEMBLY.
ACTING SPEAKER AUBRY: MR. HAWLEY ON THE
RESOLUTION.
MR. HAWLEY: THANK YOU, MR. SPEAKER. THIS
74
NYS ASSEMBLY MARCH 22, 2023
AMENDMENT TO THE RULES WOULD ESTABLISH AN ACTUAL PETITION PROCESS FOR
A MINIMUM OF 76 MEMBERS TO CALL THE ASSEMBLY BACK TO SESSION TO
ADDRESS SPECIFIC ISSUES. THERE ARE TIMES WHEN EVENTS OCCUR AS WE'VE
EXPERIENCED OVER THE LAST NUMBER OF YEARS WHEN OUR STATE SHOULD
REQUIRE THE LEGISLATIVE BODY TO RECONVENE TO HELP SAFEGUARD THE
INTERESTS OF ALL OF OUR RESIDENTS THROUGHOUT THE STATE OF NEW YORK. OUR
RESPONSIBILITY DOES NOT CONCLUDE AFTER WE'RE DONE IN JUNE. IN ORDER TO
ENSURE THAT MATTERS TOO COMPELLING AND TOO URGENT DO NOT HAVE TO WAIT
UNTIL JANUARY, THERE NEEDS TO BE A SPECIFIC MECHANISM FOR THIS BODY TO
UTILIZE, TO CALL AN ACTUAL LEGISLATIVE SESSION. WHETHER IT'S AN UPTICK IN
VIOLENT CRIME PLAGUING IN OUR COMMUNITIES AS WE SEE TODAY, AN
OVERREACH OF EXECUTIVE AUTHORITY WHICH WE'VE SEEN, EMERGENCY STORM
RECOVERY ISSUES OR ANY OTHER SEVERE CRISIS IMPACTING OUR STATE, THIS
HOUSE SHOULD HAVE A SYSTEM WITHIN WHICH TO TRIGGER ACTUAL ACTION.
THIS AMENDMENT TO THE RULES IS ABSOLUTELY NECESSARY TO CREATE A
PROCESS BY WHICH A MAJORITY OF OUR MEMBERS, ALL 150 OF THE ASSEMBLY,
CAN PETITION THE SPEAKER TO CALL BACK THE BODY TO SESSION FOR
CONSIDERATION OF ALL COMPELLING REASONS OUTLINED IN THE PETITION. BY
SUPPORTING THIS RESOLUTION WE WILL BE PROVIDING CHECKS AND BALANCES TO
OUR STATE GOVERNMENT WHILE ALSO GIVING THE PUBLIC GREATER CONFIDENCE
IN ALL OF US KNOWING THAT WHEN A BIG ISSUE HITS, THEIR ELECTED OFFICIALS
STAND READY TO ACT ON THEIR BEHALF. MR. SPEAKER, I APPRECIATE THE
OPPORTUNITY, AND THANK YOU MAJORITY MEMBERS FOR SUPPORTING THIS.
ACTING SPEAKER AUBRY: THANK YOU, SIR. A
PARTY VOTE HAS BEEN REQUESTED.
75
NYS ASSEMBLY MARCH 22, 2023
MS. WALSH.
MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER.
OUR CONFERENCE WILL BE SUPPORTIVE OF THIS RESOLUTION AND WE WOULD, OF
COURSE, ENCOURAGE OUR COLLEAGUES ACROSS THE AISLE TO BE AS WELL, BUT IT
WILL BE A PARTY VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MAJORITY CONFERENCE IS GOING TO BE AGAINST THIS CHANGE IN
OUR RULES AND WE WILL BE VOTING APPROPRIATELY.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
RESOLUTION IS LOST.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. I OFFER THE
FOLLOWING RESOLUTION AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.
ACTING SPEAKER AUBRY: CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 223, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 3 OF RULE 1 OF THE ASSEMBLY
RULES IN RELATION TO THE NEWS MEDIA ACCESS TO THE ASSEMBLY CHAMBER.
ACTING SPEAKER AUBRY: MR. RA ON THE
76
NYS ASSEMBLY MARCH 22, 2023
RESOLUTION.
MR. RA: THANK YOU, MR. SPEAKER. THIS AMENDMENT
TO THE RULES WOULD ALLOW ALL REPRESENTATIVES OF THE NEWS MEDIA
ADMISSION TO THE FLOOR OF THE HOUSE AND AREAS AROUND THE ASSEMBLY
CHAMBER DURING SESSION. TO QUOTE THE JOURNALIST WALTER CRONKITE,
"FREEDOM OF THE PRESS IS NOT JUST IMPORTANT TO DEMOCRACY, IT IS
DEMOCRACY." THIS AMENDMENT TO THE RULES IS NECESSARY TO ENSURE THAT
ALL REPORTERS HAVE EQUAL ACCESS TO THE ASSEMBLY CHAMBER AND ITS
MEMBERS REGARDLESS OF WHAT NEWS OUTLET THEY WORK FOR. WE'RE DOING
THE PEOPLE'S WORK IN THE PEOPLE'S HOUSE AND MAINTAINING AN OPEN LINE
OF COMMUNICATION WITH MEMBERS OF THE MEDIA IS AN IMPORTANT
COMPONENT OF THIS JOB. LET'S FACE IT, THERE ARE PLENTY OF CLOSED DOOR
MEETINGS AND BACKROOM NEGOTIATIONS IN THIS BUILDING THAT EVEN ELECTED
MEMBERS OF THIS BODY ARE DENIED ACCESS TO. BUT THERE SHOULD BE
ABSOLUTELY NO CONFUSION, NO CONFLICTING SET OF GUIDELINES AND NO
AMBIGUITY ABOUT WHERE MEMBERS OF THE PRESS ARE ALLOWED IN THE STATE
CAPITOL. THEY SERVE AS THE EYES AND EARS OF THE PEOPLE WHO ELECTED US
TO THIS BODY. AND AS MANY OF US KNOW, DURING THE LAST SEVERAL YEARS
DURING THE COVID RESTRICTIONS, THERE WERE RESTRICTIONS ON REALLY
EVERYBODY COMING AND GOING INTO THE CHAMBER. BUT WITH OUR
CHAMBER HAVING OPENED BACK UP, THE CAPITOL BACK OPEN TO THE PUBLIC,
THERE'S NO REASON WHY WE SHOULDN'T RESTORE FULL ACCESS TO THE ASSEMBLY
CHAMBER TO THE MEMBERS OF THE PRESS. IT MAY NOT ALWAYS BE
CONVENIENT BUT THEY ARE THE ONES THAT KEEP US HONEST, THEY ARE THE ONES
THAT MAKE SURE OUR CONSTITUENTS KNOW WHAT IS GOING ON AT THIS CAPITOL
77
NYS ASSEMBLY MARCH 22, 2023
AND FORCE US TO REALLY ANSWER THE TOUGH QUESTIONS ABOUT WHAT'S GOING
ON. SO I URGE MY COLLEAGUES TO ADOPT THIS RULES CHANGE. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE SUPPORTS THIS RULE CHANGE, BUT IF THERE'S ANY MEMBER THAT
DOESN'T, THEY CAN VOTE AGAINST IT AND IT WILL BE DULY COVERED BY THE
PRESS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THEY'RE WELCOME TO
RECORD ME, MR. SPEAKER. YEARLY WHEN WE START OUR SESSION WE DO RULE
CHANGES AND ONE OF THE THINGS WE ALWAYS DO IS ALLOW THE PRESS IN THE
CHAMBERS AND SO I BELIEVE THAT OUR CONFERENCE IS GOING TO REJECT THIS
AMENDMENT. THE PRESS IS WELCOME IN OUR CHAMBERS BUT THEY HAVE TO
MAKE AN APPOINTMENT TO SPEAK TO ME.
(LAUGHTER)
SO WE'RE GOING TO -- OUR COLLEAGUES WILL VOTE IN THE
NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
78
NYS ASSEMBLY MARCH 22, 2023
(THE CLERK ANNOUNCED THE RESULTS.)
THE RESOLUTION IS LOST.
MR. KEITH BROWN.
MR. K. BROWN: THANK YOU, MR. SPEAKER. I OFFER
THE FOLLOWING RESOLUTION AND REQUEST THE OPPORTUNITY TO EXPLAIN IT
BRIEFLY.
ACTING SPEAKER AUBRY: CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 224, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 2 OF RULE 4 OF THE ASSEMBLY
RULES IN RELATION TO THE COMMITTEE AGENDAS.
ACTING SPEAKER AUBRY: MR. BROWN ON THE
RESOLUTION.
MR. K. BROWN: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO SPEAK. THIS AMENDMENT TO THE RULES WOULD PROHIBIT ANY
BILL FROM BEING REMOVED FROM THE COMMITTEE AGENDA ONCE VOTING ON
THE BILL HAS STARTED. IT WOULD ALSO REQUIRE COMMITTEE ROLL CALLS TO BE
PROVIDED TO THE RANKING MINORITY MEMBER. THE COMMITTEE PROCESS IS
A VITAL PART OF THE BUSINESS OF THE ASSEMBLY. COMMITTEE MEMBERS PLAY
AN INTEGRAL ROLE BY REVIEWING, DEBATING AND VOTING ON BILLS IN THEIR
RESPECTIVE COMMITTEES. HOWEVER, THIS IMPORTANT COMMITTEE WORK IS
SOMETIMES OBSTRUCTED WHEN A VOTE DOES NOT GO AS PLANNED. THERE HAS
BEEN INSTANCES WHERE A VOTE DOES NOT GO AS PLANNED, THE CHAIR WILL
PULL THE BILL FROM THE AGENDA INSTEAD OF RECORDING THE VOTE AS IT OCCURS.
THE DEBATE AND THE VOTE ON THE FLOOR ARE THEREBY ERASED FROM
EXISTENCE. ONLY THOSE WHO WATCH THE COMMITTEE MEETING LIVE WILL
79
NYS ASSEMBLY MARCH 22, 2023
KNOW WHAT HAPPENED AS THERE IS NO PUBLIC RECORD OF IT. CONSEQUENTLY,
THE PUBLIC WILL NEVER KNOW HOW ITS REPRESENTATIVE VOTED ON AN
IMPORTANT BILL IN COMMITTEE. IN 2006 THIS HOUSE TOOK AN IMPORTANT
STEP TOWARDS TRANSPARENCY BY REFORMING THE ASSEMBLY RULES TO REQUIRE
THAT COMMITTEE VOTES BE POSTED ELECTRONICALLY. NOW I URGE THIS HOUSE
TO TAKE THE NEXT STEP AND REQUIRE THAT ALL COMMITTEE VOTES BE RECORDED
REGARDLESS OF WHETHER THE OUTCOME WAS DIFFERENT THAN INTENDED. THANK
YOU FOR THE OPPORTUNITY TO SPEAK.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
A PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WOULD LIKE TO BE RECORDED ON THIS VOTE IN THE AFFIRMATIVE,
BUT THOSE WHO DON'T SUPPORT IT CAN VOTE NO AT THEIR SEAT. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN THE NEGATIVE ON
THIS ONE.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
RESOLUTION IS LOST.
80
NYS ASSEMBLY MARCH 22, 2023
MR. ARI BROWN.
MR. A. BROWN: THANK YOU, MR. SPEAKER. I OFFER
THE FOLLOWING RESOLUTION AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN
IT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 225, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 2 OF RULE 3 OF THE ASSEMBLY
RULES IN RELATION TO THE TIMELY BILL INTRODUCTION.
ACTING SPEAKER AUBRY: MR. BROWN ON THE
RESOLUTION.
MR. A. BROWN: THANK YOU. THIS AMENDMENT TO
THE RULES WOULD PROVIDE FOR TIMELY INTRODUCTION BY REQUIRING ALL BILLS TO
BE ASSIGNED A BILL NUMBER WITHIN FIVE BUSINESS DAYS AFTER BEING
DELIVERED TO THE INDEX CLERK. AT TIMES, MEMBERS ARE FINDING THAT IT
MAY TAKE SEVERAL WEEKS TO HAVE NUMBERS ASSIGNED TO THEIR BILLS
ESPECIALLY DURING THE SUMMER AND FALL MONTHS AFTER THE CLOSE OF THE
ASSEMBLY SESSION, BUT ALSO DURING THE REGULARLY SCHEDULED SESSION
MONTHS. WHILE THE ASSEMBLY SESSION MAY CONCLUDE IN JUNE, OUR WORK
REPRESENTING OUR DISTRICT CONTINUES. AS MANY OF US KNOW GREAT BILL
IDEAS OFTEN ORIGINATE FROM CONVERSATION WITH CONSTITUENTS OR IN
RESPONSE TO EVENTS HAPPENING ACROSS THE STATE. SUCH CONVERSATIONS AT
EVENTS CONTINUE TO OCCUR YEAR-ROUND BEYOND -- BEYOND THE CLOSE OF THE
SCHEDULED SESSION. THIS AMENDMENT TO THE RULES IS NECESSARY BECAUSE
REQUIRING TIMELY BILL INTRODUCTION DURING BOTH SCHEDULED SESSION AND
THROUGHOUT THE CALENDAR YEARS WILL PROVIDE GREATER EFFICIENCY TO OUR
81
NYS ASSEMBLY MARCH 22, 2023
LEGISLATIVE PROCESS. BY VOTING FOR THIS RESOLUTION WE WILL CREATE A MORE
OPERATIONAL AND EFFICIENT LEGISLATIVE PROCESS FOR ALL OF OUR MEMBERS AND
THE CONSTITUENTS THEY SERVE. COLLEAGUES, THIS IS A VERY SIMPLY JUST
HOUSEKEEPING, THERE'S NO REASON TO VOTE IT DOWN. MAJORITY LEADER, LET'S
DO ONE OF THESE THINGS, IT'S STRICTLY HOUSEKEEPING. I ASK EVERYBODY TO
VOTE IN THE AFFIRMATIVE ON THIS ONE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. --
PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE SUPPORTS THIS TIMELY RESOLUTION AND WE'LL BE VOTING IN FAVOR
OF IT. IF THERE'S ANYONE THAT OPPOSE IT THEY CAN CERTAINLY VOTE NO HERE
ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. ALL DUE RESPECT TO MY COLLEAGUE, MAJORITY CONFERENCE WILL
BE VOTING IN THE NEGATIVE ON THIS AMENDMENT.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
RESOLUTION IS LOST.
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NYS ASSEMBLY MARCH 22, 2023
MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER. THIS IS THE
ONE.
ACTING SPEAKER AUBRY: NUMBER TEN IS A
CHARM.
MR. DURSO: THIS IS THE ONE YOU'VE BEEN WAITING
FOR.
ACTING SPEAKER AUBRY: NOTHING, NO DOUBT
ABOUT IT, MR. DURSO.
MR. DURSO: MR. SPEAKER, I OFFER THE FOLLOWING
RESOLUTION AND REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT.
ACTING SPEAKER AUBRY: CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 226, MR. BARCLAY.
ASSEMBLY RESOLUTION AMENDING SECTION 2 OF RULE 5 OF THE ASSEMBLY
RULES IN RELATION TO ENSURING THAT EACH MEMBER IS ENTITLED TO AT LEAST
ONE SUBSTANTIVE PIECE OF LEGISLATION DISCHARGED FROM THE COMMITTEE
AND BROUGHT TO A VOTE DURING EACH TWO-YEAR TERM.
ACTING SPEAKER AUBRY: MR. DURSO ON THE
RESOLUTION.
MR. DURSO: THANK YOU, MR. SPEAKER. THIS
AMENDMENT TO THE RULES CREATES THE MEMBER'S PREROGATIVE BY WHICH
EACH MEMBER DURING A TWO-YEAR TERM WOULD BE ENTITLED TO HAVE AT LEAST
ONE BILL OF HIS OR HER CHOOSING BROUGHT TO THE FLOOR FOR A VOTE. ALL
HOME RULE LEGISLATION WOULD BE EXCLUDED. THERE'S OFTEN GREAT
DIFFICULTY ENCOUNTERED BY MEMBERS OF THIS BODY, ON BOTH SIDES OF THE
83
NYS ASSEMBLY MARCH 22, 2023
AISLE, IN ATTEMPTING TO EVEN BRING ONE SINGLE PIECE OF LEGISLATION TO THE
FLOOR FOR A VOTE, AND THAT'S SIMPLY UNACCEPTABLE. WHILE THIS LEGISLATION
SEEKS TO BYPASS ALL OTHER RULES REGARDING PROCESSING OF BILLS IN
COMMITTEE AND GOING TO THE FLOOR, IT ALLOWS FOR GREATER REFORM THAT WILL
BENEFIT ALL THE PEOPLE OF THIS STATE. UNDERSTANDABLY THERE WILL BE NEED
TO BE A PARLIAMENTARIAN PROCEDURE IN PLACE TO ENSURE A SMOOTH AND
ORDERLY FLOW OF THE LEGISLATION EACH OF US PROPOSES. HOWEVER, WHEN
THESE PROCEDURES ARE MANIPULATED TO PREVENT THE DEBATE OF EVEN ONE
BILL THAT YOU, A DULY-ELECTED REPRESENTATIVE, HOLD IN HIGH IMPORTANCE
THAN THIS NECESSITATES A CHANGE TO THESE CURRENT RULES. MANY OF THESE
BILLS CONTAIN GOOD IDEAS THAT COULD PASS INTO LAW IF THEY'RE ONLY GIVEN
THE OPPORTUNITY TO BE HEARD BY THE FULL ASSEMBLY BODY. THIS
AMENDMENT TO THE RULES IS NECESSARY AND REPRESENTS REAL REFORM THAT
WILL GIVE ALL OUR CONSTITUENTS EQUAL REPRESENTATION ACROSS THIS STATE. BY
JOINING ME IN VOTING FOR THIS RESOLUTION YOU'RE NOT ONLY ASKING FOR MORE
THAN ANYTHING THAN WHICH YOU ARE ALREADY ENTITLED TO AS AN ELECTED
OFFICIAL OF THIS HOUSE, AND YOU WILL BRING A MEASURE OF FAIRNESS AND
DEMOCRACY BACK TO THIS CHAMBER.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
DURSO. WELL DONE.
PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. AS MY COLLEAGUE
MENTIONED, THIS IS YOUR LAST OPPORTUNITY FOR EVERYONE TO VOTE YES, EVEN
84
NYS ASSEMBLY MARCH 22, 2023
IF IT'S YOUR SOLE VOTE YES. THE REPUBLICAN CONFERENCE CERTAINLY WILL BE
VOTING IN SUPPORT AND WE ENCOURAGE OUR DEMOCRAT COLLEAGUES TO JOIN
US AS WELL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.
SPEAKER. I APPRECIATE THE CORDIALITY OF MY COLLEAGUES ON THE OTHER SIDE
OF THE AISLE, BUT THE MAJORITY CONFERENCE IS GOING TO REJECT THIS
RESOLUTION AS WELL.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
MR. DURSO, SIMILAR TO MIKE TROUT, YOU SWUNG BUT YOU
MISSED. THE RESOLUTION IS LOST.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
YOU CALL ON MR. NORRIS FOR AN IMPORTANT ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. NORRIS FOR THE
PURPOSES OF A ANNOUNCEMENT.
MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL
BE A REPUBLICAN CONFERENCE TODAY AT 4:40 VIA ZOOM. REPUBLICAN
85
NYS ASSEMBLY MARCH 22, 2023
CONFERENCE 4:40 VIA ZOOM.
ACTING SPEAKER AUBRY: 4:40 VIA ZOOM.
MRS. PEOPLES-STOKES, THEY WERE A LITTLE IN ADVANCE BUT
WE'LL ALLOW THAT, PROCEED.
MRS. PEOPLES-STOKES: DO YOU HAVE ANY
RESOLUTIONS OR FURTHER HOUSEKEEPING?
ACTING SPEAKER AUBRY: LIKE MIKE TROUT WE
SWUNG AND WE MISSED. THERE'S NO RESOLUTIONS, NO HOUSEKEEPING.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THEN I MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M. THURSDAY, MARCH THE 23RD,
TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE HOUSE STANDS
ADJOURNED.
(WHEREUPON, AT 4:25 P.M. THE ASSEMBLY STOOD
ADJOURNED UNTIL THURSDAY, MARCH 23RD AT 10:00 A.M., THURSDAY
BEING A SESSION DAY.)
86