SATURDAY, JUNE 10, 2023 12:15 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, WE WILL PAUSE FOR A MOMENT

OF SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN WITH THE MEMBERS IN THE

PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED MEMBERS AND

VISITORS IN THE PLEDGE OF ALLEGIANCE.)

WELL -- SHH. RIGHT, THAT'S BETTER.

MRS. PEOPLES-STOKES.

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF FRIDAY, JUNE 9TH.

NYS ASSEMBLY JUNE 10, 2023

MRS. PEOPLES-STOKES.

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

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF FRIDAY,

JUNE THE 9TH AND THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. I DON'T

WANT TO PIVOT TOO MUCH, WE GOT TO STAY WITH A QUOTE. THIS ONE IS FROM

NAS AGAIN. IF I RULED THE WORLD, IMAGINE THAT.

MR. SPEAKER, MEMBERS HAVE ON THEIR DESKS A MAIN

CALENDAR. WE WILL BEGIN OUR FLOOR WORK TODAY BY TAKING UP THE

FOLLOWING BILLS: RULES REPORT NO. 804 BY MR. COLTON, FOLLOWED BY

RULES REPORT NO. 805 BY MS. RAJKUMAR. THERE WILL BE A NEED TO

ANNOUNCE FURTHER ACTIVITY AS WE PROCEED; HOWEVER, THAT IS A GENERAL

OUTLINE OF WHERE WE ARE, MR. SPEAKER. IF YOU HAVE ANY INTRODUCTIONS

OR HOUSEKEEPING NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: WE HAVE NO ONE HERE

VISITING US AT THE MOMENT THAT I CAN TELL.

(LAUGHTER)

MRS. PEOPLES-STOKES: AND MR. SPEAKER, PLEASE

CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: RULES COMMITTEE,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

THE CLERK WILL READ.

NYS ASSEMBLY JUNE 10, 2023

(PAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU

PLEASE CALL ON OUR COLLEAGUE MR. ZEBROWSKI FOR THE PURPOSES OF AN

ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI FOR A

-- THE PURPOSE OF A ANNOUNCEMENT.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTRODUCE -- INTERRUPT THE PROCEEDINGS FOR AN

INTRODUCTION. I JUST WANTED TO ANNOUNCE THAT A FORMER EMPLOYEE OF THE

ASSEMBLY, NOW JUDGE, BRIAN HAAK IS WITH US TODAY. IF WE COULD GREET

HIM.

(APPLAUSE/CHEERS)

ACTING SPEAKER AUBRY: ON BEHALF OF MR.

ZEBROWSKI, THE SPEAKER AND ALL THE MEMBERS, BRIAN, ONCE FAMILY,

ALWAYS FAMILY. YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR. AND IT'S

HARD TO SUM ALL THE THANKS WE OWE YOU FOR THE SERVICE THAT YOU

PROVIDED THIS INSTITUTION. AND WE HOPE THAT THE LIFE IN A WHITE AND

BLACK ROBE, I DON'T KNOW WHICH ONE YOU WEAR, WILL BE SATISFYING AND

THAT YOU WILL ALWAYS KNOW THAT YOU WILL BE WELCOME HERE, YOU HAVE

FRIENDS HERE, YOU HAVE FAMILY HERE. THANK YOU SO MUCH, MY FRIEND.

(APPLAUSE)

ACTING SPEAKER ZACCARO: PAGE 20, RULES

REPORT NO. 804, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07768, RULES REPORT

NO. 804, COLTON, LEE, BRAUNSTEIN, ZACCARO, LUCAS, L. ROSENTHAL,

NYS ASSEMBLY JUNE 10, 2023

JEAN-PIERRE, WEINSTEIN, DAVILA, GLICK, BICHOTTE HERMELYN, PEOPLES-

STOKES, COOK, SANTABARBARA, HYNDMAN, EPSTEIN, BARRETT, MCMAHON,

SAYEGH, FALL, CUNNINGHAM, DICKENS, BRONSON, DINOWITZ, WILLIAMS,

WEPRIN, CRUZ, GIBBS, RAMOS, MCDONALD, BENEDETTO, ZINERMAN,

RAJKUMAR, BURDICK, PRETLOW, SHIMSKY, THIELE, RAGA, BORES, HUNTER,

PAULIN, SIMON, ROZIC, MEEKS, SIMONE, GUNTHER, CLARK, STIRPE, TAYLOR,

DARLING, LUNSFORD, SILLITTI, SEAWRIGHT, LAVINE, KIM, JACOBSON,

LEVENBERG. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

DECLARING ASIAN LUNAR NEW YORK A SCHOOL HOLIDAY.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1, 2023.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. CHANG TO EXPLAIN HIS VOTE.

MR. CHANG: THANK YOU, MR. SPEAKER. AND THANK

YOU FOR THE SPONSOR TO SPONSOR THIS LUNAR NEW YEAR CALENDAR. BUT I

WOULD -- RELUCTANTLY I VOTE YES FOR THIS. THERE IS -- THIS BILL IS FLAWED IN

-- IN MANY ASPECT ITSELF. AND LET ME READ THIS EXACTLY WHAT IT SAID

BECAUSE I COULDN'T EVEN UNDERSTAND IT. NO SCHOOL SHALL BE IN SESSION

ON A SATURDAY, FIRST DAY OF THE SECOND LUNAR NEW MONTH AFTER THE

WINTER SOLSTICE IN THE PRECEDING CALENDAR YEAR KNOWN AS THE ASIAN

LUNAR NEW YEAR. I COULDN'T UNDERSTAND WHAT THAT MEANS. AND THIS

DOESN'T ADDRESS ON IF THE LUNAR NEW YEAR FALLS ON A WEEKEND AND HOW

NYS ASSEMBLY JUNE 10, 2023

DO WE ADDRESS THAT. AND THIS APPLIES ON SCHOOL SUPERINTENDENT WITH A

POPULATION OF OVER ONE MILLION, WHICH IS ONLY IN NEW YORK CITY. SO

THIS IS A NOT A STATEWIDE HOLIDAY, BUT MORE A SCHOOL HOLIDAY. AND I

COULDN'T FIGURE OUT EXACTLY WHAT DAY BASED ON -- ON THIS READING ITSELF.

BUT I SUPPORT THIS BILL BECAUSE OF ITS IMPLICATION ITSELF, BUT STILL NEED

WORK ON IT.

AGAIN, I APPRECIATE THE SPONSOR FOR WRITING THIS, BUT

IT'S -- IT NEEDS TO BE WORKED ON, IT'S FLAWED. AND SPEAKER, THAT'S ALL I

HAVE. THANK YOU.

ACTING SPEAKER ZACCARO: MR. KIM.

MR. KIM: THANK YOU, MR. SPEAKER. THIS IS AN

HISTORIC MOMENT FOR NOT JUST ASIAN-AMERICANS, BUT ALL IMMIGRANTS IN

THIS STATE AND THIS COUNTRY. ELEVEN YEARS AGO I ARRIVED HERE. I WAS THE

ONLY ASIAN-AMERICAN, AND I WENT TO THE SPEAKER BACK THEN, I WAS LIKE,

HEY, MR. SPEAKER, CAN WE CREATE AN ASIAN-AMERICAN CAUCUS? AND HE

WAS LIKE, OH, YOU WANT TO BE A CAUCUS OF ONE PERSON? AND THEN THE

NEXT YEAR WE HAD TWO ASIAN-AMERICANS, AND 11 YEARS LATER, NOW WE

HAVE DOZENS, AND AN APA TASK FORCE THAT WAS CREATED UNDER THE EGIS

OF OUR CURRENT SPEAKER AND A CO-CHAIR -- CO-CHAIRS OF THE APA TASK

FORCE THAT MAKE THIS LEGISLATION POSSIBLE, OF COURSE UNDER THE

LEADERSHIP OF MY -- OF THE MAIN SPONSOR. BUT THIS IS A MOMENT WHERE

WE'RE TELLING ALL ASIAN-AMERICANS THAT YOU NO -- YOU NO LONGER NEED TO

JUST COMPETE LIKE HELL TO JUST TRY TO FIT IN INTO A CLIQUE, INTO A GROUP,

INTO A COMMUNITY, BUT YOU TRULY BELONG IN THIS STATE AND IN THIS

COUNTRY. AT A TIME WHEN EVERY TIME WE TURN ON SOCIAL MEDIA, THE

NYS ASSEMBLY JUNE 10, 2023

PAPER, ASIAN-AMERICANS ARE BEING SPAT ON OR BEING HATED ON. THIS IS

THE RIGHT THING TO DO. AND IT WASN'T EASY, BETWEEN THE INNER POLITICS,

BETWEEN THE SENATE AND ASSEMBLY. WE HAD A SPEAKER WHO PUT HIS

FOOT DOWN AND MADE SURE WE DID THIS THE RIGHT WAY. AND THIS IS THE

ONLY -- THIS IS JUST THE BEGINNING. YOU KNOW, 11 YEARS AGO WE DID A

LUNAR NEW YEAR THAT PUSHED NEW YORK CITY TO -- TO MAKE IT A

HOLIDAY, AND NOW WE'RE MAKING STEPS TOWARDS A STATEWIDE HOLIDAY, AND

THEN WE'RE GONNA GO FURTHER AND MAKE IT INTO A STATEWIDE -- FOR PUBLIC

EMPLOYEES TO ENJOY THIS HOLIDAY. AND WE'RE GONNA GET IT DONE ALL THE

WAY TO WASHINGTON, D.C.

SO AGAIN, I WANT TO CONGRATULATE THE MAIN SPONSOR, THE

CO-CHAIRS OF THE APA TASK FORCE AND THE 20-PLUS MEMBERS OF THE

GROWING APA TASK FORCE. THANK YOU, AND I VOTE IN THE AFFIRMATIVE.

(APPLAUSE)

ACTING SPEAKER ZACCARO: MR. COLTON.

MR. COLTON: MR. SPEAKER, TO EXPLAIN MY VOTE AND

TO MAKE IT VERY CLEAR, THIS BILL AMENDS SECTION 30 -- 3604 OF THE STATE

EDUCATION LAW, AND IT LISTS THE LUNAR NEW YEAR AS ONE OF THE

STATEWIDE HOLIDAYS WHICH ARE CELEBRATED BY THE STATE OF NEW YORK.

AND THIS IS HISTORIC BECAUSE THE FAMILIES WHO CELEBRATE THIS HOLIDAY

WILL NO LONGER HAVE TO CHOOSE BETWEEN CELEBRATING THE HOLIDAY WITH

THEIR CHILDREN OR HAVING THEIR CHILDREN GO TO SCHOOL. THE FAMILIES ARE

NOW BEING RECOGNIZED IN A VERY IMPORTANT HOLIDAY, THE MOST IMPORTANT

HOLIDAY THAT IS CELEBRATED. IT'S A CELEBRATION OF BRINGING FAMILY

MEMBERS TOGETHER, TO REFLECT UPON THE YEAR, TO REFLECT UPON THEIR UNITY

NYS ASSEMBLY JUNE 10, 2023

WITH EACH OTHER, TO REFLECT UPON THE ACCOMPLISHMENTS THAT THEY HAVE

MADE. THE ASIAN COMMUNITY HAS MADE MANY ACCOMPLISHMENTS OVER

THE YEARS, FIRST OF WHICH IS CONTINENTAL -- TRANSCONTINENTAL RAILROAD.

AND THEY'VE MADE MANY MORE ACCOMPLISHMENTS. MANY HAVE DIED IN

THE MILITARY SERVICE OF AMERICA. LIEUTENANT KIMLAU, AN AIR FORCE

PILOT, DIED IN WORLD WAR II. THIS IS A HISTORIC MOMENT, AND I WANT TO

THANK THE SPEAKER WHO DID WAY ABOVE AND ABOARD, DOING ALL HE COULD

TO MAKE THIS MOMENT POSSIBLE. I WANT TO THANK ALL MY COLLEAGUES FOR

SUPPORTING IT. I WANT TO THANK THE SPONSORS, THE COSPONSORS OF THE BILL

INCLUDING MY DESK MATE WHO HAS PUT TREMENDOUS EFFORT INTO MAKING

THIS POSSIBLE.

THIS IS A HISTORIC BILL AND, YES, WE CAN CELEBRATE THIS,

WE CAN SEE THIS AS A BIG STEP FORWARD IN TERMS OF BRINGING PEOPLE

TOGETHER AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZACCARO: MS. LEE.

MS. LEE: THANK YOU, MR. SPEAKER. I GREW UP IN A

PLACE WHERE I WAS ONE OF ONLY A FEW ASIANS IN MY SCHOOL. I WAS NOT

ABLE TO SHARE AND BE PROUD OF MY CULTURAL HERITAGE. I WAS MADE FUN OF

FOR BEING ASIAN. I WAS A GIRL ON THE PLAYGROUND WHO LOOKED DIFFERENT,

WHOSE PARENTS COULDN'T SPEAK ENGLISH WELL, WHO WAS EMBARRASSED THAT

SHE DIDN'T FIT IN. TO BE HERE TO DO THIS, TO PASS THIS LEGISLATION TO

RECOGNIZE ASIAN-AMERICANS ACROSS OUR STATE IS SOMETHING MY YOUNGER

SELF COULD NEVER HAVE IMAGINED. I CAME TO NEW YORK BECAUSE I WAS

SEEKING A PLACE WHERE I BELONGED, AND NEW YORK BECAME -- WELCOMED

ME. AND NOW I'M RAISING MY THREE DAUGHTERS HERE AS NEW YORKERS,

NYS ASSEMBLY JUNE 10, 2023

WHERE ASIAN-AMERICANS ARE THE FASTEST-GROWING MINORITY GROUP IN THE

STATE.

LUNAR NEW YEAR IS THE MOST WIDELY-CELEBRATED

HOLIDAY AMONG ASIAN-AMERICANS IN NEW YORK. BY RECOGNIZING THIS

HOLIDAY, IT SENDS A MESSAGE TO ASIAN-AMERICANS THAT WE MATTER AND WE

BELONG HERE. THIS MOVE HOLDS PARTICULAR POWER AT THIS MOMENT WHEN

HATE CRIMES AGAINST OUR COMMUNITY ARE RISING AND MANY ASIANS FEEL

LIKE FOREIGNERS, SIMULTANEOUSLY TARGETED AND UNSEEN. A STATEWIDE

LUNAR NEW YEAR HOLIDAY GIVES ALL NEW YORKERS THE OPPORTUNITY TO

PAUSE AND LEARN ABOUT OUR TRADITIONS, AND ALSO ABOUT THE CONTRIBUTIONS

THAT ASIAN-AMERICANS HAVE MADE TO THIS COUNTRY. WE ARE STILL ASKED,

WHERE ARE YOU FROM, EVEN THOUGH WE HAVE BEEN HERE FOR CENTURIES.

WE ARE THE WORKERS WHO BUILT THE TRANSCONTINENTAL RAILROAD. WE ARE

THE SMALL BUSINESS OWNERS WHO OPENED STORES AND RESTAURANTS WHEN

RACISM BARRED US FROM ENTERING OTHER PROFESSIONS. WE ARE DOCTORS AND

TEACHERS AND ATHLETES AND MUSICIANS WHO HAVE ENRICHED OUR

COMMUNITIES. WE HAVE SERVED IN THE MILITARY AND DIED FOR THIS

COUNTRY, AND OUR NEIGHBORHOODS ARE AMONG THE MOST HISTORIC,

INCLUDING MANHATTAN'S CHINATOWN, WHICH I AM SO PROUD TO REPRESENT.

AND WE ARE MAKING OUR MARK IN GOVERNMENT, TOO. FOURTEEN YEARS AGO

IN THIS CHAMBER, NOW CONGRESSWOMAN GRACE MENG STARTED THIS EFFORT.

IT IS NOW -- IT'S A COLLECTIVE POWER AND THE PERSEVERANCE OF THOSE WHO

CAME BEFORE ME THAT HAVE CULMINATED IN THIS HISTORY-MAKING MOMENT.

SO FROM ONE GRACE TO THE NEXT, I'M HONORED TO CARRY

THIS TORCH FOR OUR COMMUNITY TO MAKE LUNAR NEW YEAR A STATEWIDE

NYS ASSEMBLY JUNE 10, 2023

HOLIDAY SO THAT WHEN SOMEONE ASKS US, WHERE ARE YOU FROM, WE CAN

PROUDLY SAY, WE ARE FROM NEW YORK.

I WANT TO GIVE A SPECIAL THANK YOU TO OUR SPEAKER FOR

HIS STEADFAST SUPPORT OF OUR COMMUNITIES AND FOR HIS LEADERSHIP TO

MAKE THIS MOMENT HAPPEN. I WILL BE VOTING IN THE AFFIRMATIVE.

(APPLAUSE)

ACTING SPEAKER ZACCARO: MS. WALSH.

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

THIS IS -- THIS IS GREAT. I'LL BE SUPPORTING THIS BILL. I JUST WANTED TO PUT

KIND OF IN THE RECORD HERE FOR US, THOUGH, THAT THERE HAVE BEEN SOME

CONCERNS RAISED ABOUT THE REQUIREMENT THAT CHILDREN ATTEND SCHOOL FOR

180 DAYS EACH YEAR IN ORDER TO RECEIVE REIMBURSEMENT --

REIMBURSEMENTS. SO I -- I HOPE THAT AS WE, IT APPEARS TO BE,

UNANIMOUSLY SUPPORT THIS BILL, BUT AS WE MOVE FORWARD, AND I KNOW

THAT THERE'S ANOTHER BILL THAT WE'LL BE TAKING UP SHORTLY, ESTABLISHING

ANOTHER HOLIDAY THAT WE -- THAT WE ALSO KEEP IN MIND, AND I HOPE THAT

THE SCHOOL DISTRICTS CAN WORK OUT HOW THEY CAN ACCOMMODATE THIS AND

STILL MEET THE 180-DAY REQUIREMENT.

SO I'LL BE SUPPORTING THIS BILL, BUT I JUST -- I THINK IT'S

SOMETHING THAT WE NEED TO BE MINDFUL OF, AND I KNOW THAT THE SCHOOL

DISTRICTS ARE BECAUSE THEY'VE REACHED OUT TO ME. SO THANK YOU VERY

MUCH. I'M IN SUPPORT.

ACTING SPEAKER ZACCARO: MS. WALSH IN THE

AFFIRMATIVE.

MS. BICHOTTE HERMELYN.

NYS ASSEMBLY JUNE 10, 2023

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS BILL. I JUST WANT TO AGAIN

JOIN MY COLLEAGUES IN CONGRATULATING THE SPONSOR OF MAKING THIS

HISTORIC BILL -- OF MAKING -- EXCUSE ME.

(PAUSE)

THANK YOU, MR. SPEAKER, FOR ALLOWING ME TO EXPLAIN

MY VOTE. I AM ELATED AND WANT TO THANK THE SPONSOR FOR INTRODUCING

THIS BILL WHICH MAKES IT A HISTORIC BILL IN MAKING ASIAN LUNAR YEAR

[SIC] A SCHOOL HOLIDAY. WE HAVE A LARGE POPULATION OF

ASIAN-AMERICANS WHO HAVE CONTRIBUTED TO THE STATE, TO THIS NATION.

AND I HAVE A PERSONAL ATTACHMENT, AS I SPENT SOME TIME IN CHINA AND

JAPAN MANY YEARS AGO WHEN I USED TO WORK. I DID A LOT OF STUDYING IN

-- IN -- IN THE ASIAN ART AND ASIAN-AMERICAN HISTORY, AND I'M JUST REALLY

HAPPY THAT WE FINALLY, FINALLY WILL INSTITUTE THIS HOLIDAY SO THAT PEOPLE

CAN RECOGNIZE AND LEARN ASIAN HISTORY.

SO, CONGRATULATIONS TO THE SPONSOR AND I WILL BE

VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER ZACCARO: MS. BICHOTTE

HERMELYN IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

PAGE 20, RULES REPORT NO. 805, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07769, RULES REPORT

NYS ASSEMBLY JUNE 10, 2023

NO. 805, RAJKUMAR, EPSTEIN, BRAUNSTEIN, BICHOTTE HERMELYN,

MCDONALD, ROZIC, SAYEGH, BURDICK, STERN, COLTON, SEPTIMO, KIM,

WEPRIN, CARROLL, AUBRY, DE LOS SANTOS, ALVAREZ, TAPIA, CUNNINGHAM,

LEE, ANDERSON, L. ROSENTHAL, BORES, PAULIN, WILLIAMS, BURGOS,

MAMDANI, HYNDMAN, RAGA, SILLITTI. AN ACT TO AMEND THE EDUCATION

LAW, IN RELATION TO ESTABLISHING DIWALI AS A SCHOOL HOLIDAY IN CERTAIN

PUBLIC SCHOOLS.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1, 2023.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. RAJKUMAR TO EXPLAIN HER VOTE.

MS. RAJKUMAR: THANK YOU, MR. SPEAKER.

TONIGHT WE MAKE HISTORY TOGETHER. TONIGHT OUR STATE LEGISLATURE

COMES TOGETHER TO SPEAK WITH ONE VOICE TO SAY THAT FROM NOW ON AND

FOREVER, DIWALI WILL BE ENSHRINED IN LAW AS A SCHOOL HOLIDAY IN THE CITY

OF NEW YORK. FOR OVER TWO DECADES, THE SOUTH ASIAN AND

INDO-CARIBBEAN COMMUNITY HAS FOUGHT FOR THIS MOMENT. AND TONIGHT I

SAY TO YOU, NOTHING CAN STOP A COMMUNITY WHOSE TIME HAS COME.

TONIGHT OUR LEGISLATURE SAYS TO HUNDREDS OF THOUSANDS OF HINDU, SIKH,

BUDDHIST AND JAIN AMERICANS ACROSS THE STATE, WE SEE YOU. TONIGHT

WE SAY TO NEW YORKERS FROM INDIA, GUYANA, TRINIDAD, NEPAL AND

BANGLADESH, WE RECOGNIZE YOU. FROM NOW ON, THE LARGEST SCHOOL

NYS ASSEMBLY JUNE 10, 2023

JURISDICTION IN THE ENTIRE COUNTRY WILL RECOGNIZE THE DIWALI SCHOOL

HOLIDAY. TONIGHT WE PROUDLY SAY THAT DIWALI IS AN AMERICAN HOLIDAY.

PEOPLE HAVE SAID TO ME, JENIFER, THERE SIMPLY IS NOT ENOUGH ROOM IN

THE SCHOOL CALENDAR TO HAVE A DIWALI HOLIDAY. WELL, MY LEGISLATION

TONIGHT MAKES THE RULE. IN THE WORDS OF THE GREAT SHIRLEY CHISHOLM, IF

THEY DON'T GIVE YOU A SEAT AT THE TABLE, BRING A FOLDING CHAIR. I BROUGHT

THIS LEGISLATION TO THE TABLE SO THAT ALL SOUTH ASIAN NEW YORKERS WILL

HAVE A SEAT AT THE TABLE.

MY OWN PARENTS IMMIGRATED TO THE UNITED STATES

FROM INDIA WITH JUST $300 AND A SUITCASE. MY MOM WAS BORN IN A MUD

HUT. THEY NEVER WOULD HAVE IMAGINED THAT THEIR DAUGHTER WOULD BE

STANDING HERE ON THE FLOOR OF THIS LEGISLATURE AS THE FIRST

INDIAN-AMERICAN WOMAN EVER ELECTED TO A NEW YORK STATE OFFICE.

TODAY SOUTH ASIAN FAMILIES LIKE MINE HAVE RISEN AND CONTRIBUTED TO

OUR GREAT STATE. TODAY WE COME TOGETHER AS A STATE LEGISLATURE TO

LIGHT THE WAY FORWARD FOR FAMILIES LIKE MINE AND TO MAKE DIWALI ONCE

AND FOR ALL AND AT LAST, A SCHOOL HOLIDAY IN THE CITY OF NEW YORK.

SOUTH ASIANS HAVE AN IMPORTANT PLACE IN THE CIVIL

RIGHTS TRADITION OF AMERICA. MARTIN LUTHER KING, JR. HIMSELF SAID THAT

INDIA'S GANDHI WAS THE GUIDING LIGHT OF HIS MOVEMENT FOR NON-VIOLENT

SOCIAL CHANGE IN THE MONTGOMERY BUS BOYCOTTS. HINDUS, SIKHS AND

BUDDHISTS DO NOT JUST BELIEVE IN TOLERANCE. THEY BELIEVE IN ONE STEP

MORE THAN TOLERANCE, ACTIVELY LOVING YOUR NEIGHBOR OF A DIFFERENT

BACKGROUND AS IF THEY ARE YOUR OWN FAMILY. THIS IS THE CULTURE OF

INCLUSIVITY AND LOVE THAT OUR LEGISLATURE HONORS TODAY. I THANK EACH

NYS ASSEMBLY JUNE 10, 2023

AND EVERY ONE OF YOU WHO BELIEVED THE DIWALI HOLIDAY WAS POSSIBLE,

EVEN WHEN EVERYONE SAID IT WAS IMPOSSIBLE. PEOPLE THOUGHT THAT THIS

DAY WOULD NEVER COME, BUT HERE WE ARE.

SO TO ALL WHO BELIEVED IN THE POSSIBLE AGAINST ALL

ODDS, NO MATTER WHERE YOU ARE, WHETHER HERE IN THE STATE LEGISLATURE,

ON THE STREETS OF QUEENS AND ALL AROUND THE WORLD, THIS VICTORY BELONGS

TO YOU. I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZACCARO: MS. RAJKUMAR IN

THE AFFIRMATIVE.

(APPLAUSE)

MS. ZINERMAN.

MS. ZINERMAN: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO CONGRATULATE THE SPONSOR ON

THIS BILL AND THIS VERY IMPORTANT VICTORY. I WANT TO ALSO TAKE THIS TIME

TO THANK MS. LEE AND MR. COLTON FOR BRINGING AND MAKING SURE THAT

LUNAR NEW YEAR WAS ALSO RECOGNIZED. THE BEAUTY OF LIVING IN NEW

YORK CITY AND ESPECIALLY MY BELOVED BROOKLYN IS THE DIVERSITY OF THE

PEOPLE WHO LIVE HERE, WHO REPRESENT THEIR COMMUNITIES, WHO WORK

VERY HARD TO SHARE IN THE CULTURE AND BUILD A CULTURE THAT IS WHAT WE

CALL AMERICA. I WANT US TO REMEMBER THAT -- I WANT US TO REMEMBER

TODAY, BECAUSE THERE ARE OTHER GROUPS WHO ARE GROWING IN OUR COUNTRY

WHO ONE DAY WILL COME TO THE -- COME BEFORE US AND SEEK TO BE

RECOGNIZED. AND I HOPE WE AFFORD THEM THE SAME OPPORTUNITIES THAT

THE SIKH AND THE INDO-CARIBBEAN AND THE ASIAN PEOPLE HAVE BEEN

AFFORDED TODAY BECAUSE OF THEIR REPRESENTATION, AND THAT THEY, TOO, WILL

NYS ASSEMBLY JUNE 10, 2023

ONE DAY BE ABLE TO CELEBRATE THEIR HOLIDAYS. WE DO NOT EVER HAVE TO

CONSIDER OURSELVES MINORITIES AND FIGHT AGAINST EACH OTHER OVER

HOLIDAYS. WE ABSOLUTELY NEED TO BE ABLE TO RECOGNIZE AND INCLUDE ALL

THAT LIVE HERE AND ENJOY THIS WONDERFUL STATE. AND WITH REGARD TO OUR

CALENDAR, YOU GUYS HAVE HEARD ME SAY THIS A HUNDRED TIMES BEFORE, OUR

CHILDREN NEED THE OPPORTUNITY TO LEARN IN A STATE THAT RECOGNIZES WHO

THEY ARE. WE CANNOT CONTINUE TO BE SLAVES TO A CALENDAR OF 180 DAYS

WHEN THERE'S 365 DAYS OF LEARNING THAT CAN HAPPEN. AND SO CERTAINLY

I'M ONE OF THOSE THAT ARE IN SUPPORT OF INCREASING THE AMOUNT OF DAYS

SO THAT OUR CHILDREN CAN FULLY ENJOY ALL THAT WE HAVE TO TEACH THEM, BUT

CERTAINLY, THERE WILL BE ROOM TO CELEBRATE MORE GROUPS AS THEY COME.

MR. SPEAKER, I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER ZACCARO: MS. ZINERMAN IN

THE AFFIRMATIVE.

MS. WALKER.

MS. WALKER: THANK YOU, MR. SPEAKER. PLEASE

ALLOW ME TO ABSTAIN MY VOTE FOR THE PURPOSE OF A EXPLANATION. I WOULD

LIKE TO CONGRATULATE THE SPONSOR OF THIS PARTICULAR PIECE OF LEGISLATION

AS WELL AS THE PREVIOUS SPONSOR AS WE CELEBRATE THE DIVERSITY OF THE

STATE OF NEW YORK BY ACKNOWLEDGING SOUTH ASIAN AND INDO AS WELL AS

ASIAN CULTURES WITH THE LUNAR HOLIDAY AS WELL AS DIWALI, THE FESTIVAL

OF LIGHTS. THIS WAS A TEACHABLE MOMENT, I BELIEVE, FOR ALL OF US. AND

AS WE ARE COMING UPON A NATION WHICH HAS BEEN TRYING TO ERADICATE

CRITICAL RACE THEORY, IT HAS BEEN A COMMUNITY WHERE WE ARE TALKING A

LOT ABOUT CANCEL CULTURE. TODAY WE ARE SHOWING THAT AS MAYOR

NYS ASSEMBLY JUNE 10, 2023

DINKINS SAID THAT NEW YORK STATE, AS WELL AS NEW YORK CITY, IS A

GREAT MOSIAC. IT IS ONE WITH MANY DIFFERENT RACES, ETHNICITIES, GENDERS,

BACKGROUNDS, RELIGIOUS AND BELIEFS, BUT ONE THING IS FOR SURE; WE ARE ALL

UNITED IN OUR PURPOSE AND IN OUR VALUES.

WE CELEBRATE DIVERSITY AND INCLUSION TODAY AND I, MR.

SPEAKER, WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZACCARO: MS. WALKER IN THE

AFFIRMATIVE.

MR. CHANG.

MR. CHANG: THANK YOU, MR. SPEAKER. THANK YOU

FOR THE SPONSOR'S BILL. FANTASTIC. THIS IS HISTORIC, HISTORIC RECOGNITION

OF DIWALI. AND I'D LIKE TO THANK SPEAKER CARL FOR THIS AND HIS SUPPORT

AND LEADER BARCLAY. INDIAN [SIC] AS A COUNTRY WAS SURPASSED THE

POPULATION OF CHINA IN MAYBE A DECADE OR LESS, AND IN NEW YORK IT'S

GROWING. SO THIS IS A NEEDED RECOGNITION OF DIWALI NEEDED.

MY PREVIOUS CAREER IN LOGISTICS, I LIVED AND WORKED IN

BANGLADESH AND INDIA AND I KNOW EXACTLY WHAT IT MEANS, CELEBRATING

DIWALI. IT'S THE FESTIVAL OF LIGHT. AND THIS IS -- I HOPE THIS IS ONE OF

THOSE RARE MOMENTS THAT, A TEACHABLE MOMENT FOR STUDENTS AND THE

PEOPLE WHO MAY NOT UNDERSTAND THE SIKH CULTURES. AND WHEN THEY

REALIZE WHAT'S DIWALI MEANS, HOPEFULLY THEY CAN DECREASE ASIAN HATE

CRIME ON THIS. AND IN OUR SMALL -- IN THIS BODY, RECOGNIZING THIS

HOLIDAY AND THE SPONSOR, I THANK THIS RECOGNITION. I KNOW YOU PUSHED

HARD AND I DEFINITELY VOTE FOR THE AFFIRMATIVE. THANK YOU VERY MUCH.

THANK YOU.

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER ZACCARO: MR. CHANG IN THE

AFFIRMATIVE.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. I AM ONCE AGAIN SO

EXCITED AND ELATED THAT WE ARE PASSING A BILL THAT WILL MAKE DIWALI A

SCHOOL HOLIDAY IN THE NEW YORK CITY PUBLIC SCHOOLS; A CITY THAT IS

DIVERSE, THAT EMBRACES SO MANY OTHER CULTURES. AND, YOU KNOW, THIS

WAS LONG OVERDUE TO COMMEMORATE DIWALI. NEW YORK CITY HAS OVER

200 [SIC] NEW YORKERS WHO CELEBRATE THIS SACRED HOLIDAY, AND THEY

DESERVE THE SAME ACCOMMODATION AFFORDED TO THOSE WHO OBSERVE OTHER

SIGNIFICANT HOLIDAYS. AND BY DESIGNATING DIWALI AS A SCHOOL HOLIDAY,

WE ALSO CAN GIVE MUCH-DESERVED RECOGNITION IN NEW YORK'S GROWING

SOUTH ASIAN AND INDO-CARIBBEAN AND HINDU COMMUNITY. AND I'D LIKE

TO SAY, AS A NEW MOM WHO GOT ENGAGED ON DIWALI DAY TO MY NOW

HUSBAND OF INDIAN, GUYANESE AND HAITIAN DESCENT, MY HUSBAND AND I

WOULD LOVE TO HAVE A FREE DAY TO CELEBRATE AND EMBRACE THIS HOLIDAY

WITH OUR SON.

WE JUST PASSED A HISTORIC BILL MAKING ASIAN SCHOOL

HOLIDAY LUNAR YEAR [SIC] -- LUNAR YEAR [SIC] A SCHOOL HOLIDAY, AND NOW

WE'RE PASSING THIS BILL WHICH IS ANOTHER HISTORIC BILL TO MAKE DIWALI A

SCHOOL HOLIDAY. I JUST AGAIN WANT TO CONGRATULATE THE SPONSOR, SHE

WORKED SO HARD. SHE HUSTLED AND SHE GOT THIS THROUGH. SO

CONGRATULATIONS TO YOU, CONGRATULATIONS TO ALL OF US AND MAKING THIS A

HISTORIC MOMENT AND I WILL VOTE IN THE AFFIRMATIVE. THANK YOU.

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: MS. BICHOTTE

HERMELYN IN THE AFFIRMATIVE.

MR. BEEPHAN.

MR. BEEPHAN: THANK YOU, MR. SPEAKER. IT'S LATE

SO I WILL BE BRIEF. PRIOR TO MY FAMILY CONVERTING TO CHRISTIANITY WHEN I

WAS YOUNGER, WE WERE ALL PRACTICING HINDUS. ALL OF MY COUSINS BACK

IN TRINIDAD ARE PRACTICING HINDUS, AND DIWALI WAS A SPECIAL HOLIDAY

FOR US AND IT STILL IS TO MANY OF MY RELATIVES AND EVEN PEOPLE IN THIS

ROOM HERE TONIGHT. I -- I REMEMBER WHEN I WAS YOUNGER, WHEN I WAS

IN SCHOOL IN QUEENS IN EVEN UP IN THE HUDSON VALLEY, NO ONE KNEW

WHAT DIWALI WAS. EVERYONE LOOKED -- WOULD LOOK AT ME LIKE I HAD TWO

HEADS WHEN I MENTIONED THAT MY FAMILY WAS CELEBRATING THE HOLIDAY.

SO I THINK THIS IS A GREAT STEP. I KNOW IT'S NOT THE SAME IN TODAY'S DAY

AND AGE, A LOT MORE PEOPLE KNOW ABOUT THE HOLIDAY.

BUT I THANK THE SPONSOR FOR LEADING THE CHARGE ON THIS.

IT WAS ACTUALLY ONE OF THE FIRST THINGS SHE BROUGHT UP TO ME WHEN I FIRST

MET HER, WHEN WE WERE ELECTED TO THE ASSEMBLY, AND I PROUDLY VOTE IN

THE AFFIRMATIVE FOR MY ROBUST SIKH MEMBERSHIP IN MY DISTRICT AND ALSO

FOR MY FELLOW INDIANS. THANK YOU.

ACTING SPEAKER AUBRY: MR. BEEPHAN IN THE

AFFIRMATIVE.

MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER. I

RISE TODAY TO THANK THE SPONSOR OF THIS BILL. I'M A PROUD -- PROUD

COSPONSOR MYSELF. I CONTINUE TO ENJOY ORGANIZING -- OR ASSISTING AND

NYS ASSEMBLY JUNE 10, 2023

ORGANIZING THE TOWN OF OYSTER BAY AND THEIR WONDERFUL AND GROWING

CELEBRATION OF DIWALI, AS WELL AS ENJOYING THIS HOLIDAY WITH THE

GROWING SOUTH ASIAN COMMUNITIES WITHIN OUR TOWN.

I LOOK FORWARD TO SEEING THE EDUCATION AND AWARENESS

OF DIWALI CONTINUE TO GROW AS THE CELEBRATION CONTINUES TO GROW, AND I

AM HAPPY TO SUPPORT THIS LEGISLATION. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. BLUMENCRANZ IN

THE AFFIRMATIVE.

MR. BRAUNSTEIN.

MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I WOULD LIKE TO COMMEND, CONGRATULATE AND THANK

THE SPONSOR FOR ALL HER HARD WORK ON GETTING THIS PASSED. THIS WAS A

UPHILL CLIMB FROM THE BEGINNING, BUT THROUGH SHEER FORCE OF WILL YOU'VE

BROUGHT US TO THIS MOMENT. AND AFTER THE PASSAGE OF THIS BILL, THOSE

FAMILIES THAT CELEBRATE DIWALI WILL NOT HAVE TO MAKE THE DIFFICULT

CHOICE OF GOING TO SCHOOL AND MAKING SURE THAT YOU BRING IN YOUR

HOMEWORK AND TO TAKE CARE OF YOUR TESTS OR CELEBRATING WITH YOUR

FAMILY. THEY WON'T HAVE TO MAKE THAT CHOICE ANYMORE. AND MORE

IMPORTANTLY THAN THAT, THIS WILL GIVE ALL NEW YORKERS THE OPPORTUNITY

TO RECOGNIZE AND CELEBRATE OUR SOUTH ASIAN AND INDO-CARIBBEAN

NEIGHBORS. MY WIFE KEEPS A BIG CALENDAR IN OUR KITCHEN, AND I HAVE

THREE YOUNG CHILDREN, THREE KIDS IN PUBLIC SCHOOL, AND SHE PUTS

EVERYTHING ON THERE; BASEBALL GAMES, EVERYTHING. AND I'M LOOKING

FORWARD TO THE DAY WHEN I LOOK UP THERE AND IT SAYS DIWALI, NO SCHOOL.

SO ONCE AGAIN, THANK YOU VERY MUCH TO THE SPONSOR.

NYS ASSEMBLY JUNE 10, 2023

TODAY TRULY IS A HISTORIC DAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. BRAUNSTEIN IN THE

AFFIRMATIVE.

MR. SAYEGH.

MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.

TODAY'S REALLY HISTORICAL AND IT IS BECAUSE WE'RE A -- AN ASSEMBLY

BODY, WE'RE A STATE, WE'RE A NATION THAT RESPECTS DIVERSITY. AND FOR

MANY YEARS AS A SCHOOL EDUCATOR, FOR ME, SEEING THE DIFFERENT FACES AND

THE DIFFERENT STUDENTS AND WHO THEY REPRESENTED, THEIR RELIGIONS AND

THEIR BACKGROUNDS AND ETHNICITIES, AND I REALIZED VERY EARLY ON THAT

MANY CHILDREN, WHEN WE CELEBRATED CHRISTMAS AND WE CELEBRATED

HANUKKAH ON THREE KINGS AND ONLY RECENTLY STARTED TO CELEBRATE

RAMADAN, WE BEGAN TO REALIZE WITH THE GROWING POPULATION OF SOUTH

ASIANS AND -- AND -- AND INDO-PACO [SIC] COMMUNITIES AND OTHERS, WE

BEGAN TO REALIZE THAT DIWALI AND LUNAR HOLIDAYS WERE JUST AS IMPORTANT

FOR MANY CHILDREN AND THEIR FAMILIES. I'VE HAD THE PLEASURE OF

CELEBRATING DIWALI WITH GURU GURUJI FROM A NUMBER OF YEARS AGO, AND

REALIZED THE SPECIAL BLESSINGS THAT IT BRINGS. AND AS A SOCIETY THAT

RESPECTS CHANGE AND DIVERSITY, IT IS REALLY MOST FITTING THAT WE RESPECT

TODAY WHEN WE ENCOURAGE AND HONOR AND RECOGNIZE TWO VERY MAJOR

RELIGIOUS AND SPIRITUAL MOVEMENTS IN THE WORLD IN DIWALI AND THE

LUNAR HOLIDAYS.

SO I THANK THE SPONSORS AND I THANK ALL THE COSPONSORS

AND THANK THE SPEAKER AND THIS BODY FOR INITIATING THIS HISTORICAL

MOMENT. THANK YOU VERY MUCH.

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: MR. SAYEGH IN THE

AFFIRMATIVE.

MS. HYNDMAN.

MS. HYNDMAN: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. IF YOU DIDN'T KNOW, I REPRESENT THE

COUNTY OF QUEENS, AND TO MY COLLEAGUE FROM QUEENS AND THE SPEAKER

FROM THE BRONX, THANK YOU FOR BRINGING US DIWALI AS A -- THAT WE'RE

ABLE TO CELEBRATE, THE CHILDREN OF NEW YORK CITY ARE ABLE TO CELEBRATE

THIS -- THIS HOLIDAY TONIGHT. I'M THE DAUGHTER OF A GUYANESE PARENT, AND

IF YOU KNOW THE HISTORY OF GUYANA AFTER THE ABOLITION OF SLAVERY BY THE

BRITISH, A LOT OF INDIANS CAME TO GUYANA AND WORKED AS -- AS

INDENTURED SERVANTS. AND SO WHEN WE THINK ABOUT HOW -- HOW DIVERSE

QUEENS IS AND THE SOUTH -- THE LARGE SOUTH ASIAN POPULATION THAT IS IN

QUEENS, THIS IS VERY FITTING THAT WE'RE RECOGNIZING THAT CULTURE, HERITAGE

CELEBRATIONS ARE IMPORTANT. IT'S ALSO TIMELY THAT THIS HOLIDAY IS -- OR THE

CELEBRATION OF THIS PASSAGE OF THIS HOLIDAY TONIGHT ALSO COINCIDES WITH

THE RECENT CELEBRATIONS OF THE INDEPENDENCE OF GUYANA.

SO TO MY COLLEAGUE, THANK YOU FOR YOUR HERCULEAN

EFFORT TO THE POPULATIONS IN QUEENS, PARTICULARLY JAMAICA, QUEENS

WHERE I REPRESENT. I AM THANKFUL THAT THESE CHILDREN NOW DO NOT HAVE

TO CHOOSE BETWEEN THE TEST, LIKE MY COLLEAGUE SAID, STUDYING, THEY WILL

BE ABLE TO BE CELEBRATED IN THIS GREAT DIVERSE CITY AND STATE THAT WE

HAVE. THANK YOU, MR. SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE

AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE

NYS ASSEMBLY JUNE 10, 2023

AFFIRMATIVE.

MR. MAMDANI.

MR. MAMDANI: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. TO ALL OF MY COLLEAGUES, I SAY DIWALI MUBARAK. I

SAY HAPPY DIWALI. THIS IS A CELEBRATION OF LIGHT OVER DARKNESS, OF

KNOWLEDGE OVER IGNORANCE, AND OF GOOD OVER EVIL. AND IT IS A

CELEBRATION THAT IS OBSERVED BY OVER 200,000 SCHOOL-AGED CHILDREN IN

NEW YORK CITY SCHOOLS. A CELEBRATION THAT HAS MEANING FOR HINDUS,

BUDDHISTS, JAINS, SIKHS AND SO MANY MORE. AND IT IS A CELEBRATION THAT

FOR SO LONG WE HAVE DENIED OUR CHILDREN IN NEW YORK CITY. THEY HAVE

BEEN TOLD THEY MUST CHOOSE BETWEEN THEIR FAITH AND THEIR FUTURE, THEIR

CULTURE AND THEIR CLASSWORK, AND NOW WE CAN TELL THEM THAT IN 2023

THEY WILL ABLE TO OBSERVE THIS HOLIDAY AS THEY SHOULD, AT HOME WITH

THEIR FRIENDS AND THEIR FAMILY. AND THIS IS A HOLIDAY THAT HAS IMMENSE

PERSONAL SIGNIFICANCE FOR ME AS THE FIRST INDIAN-AMERICAN MAN TO SERVE

IN THIS ASSEMBLY CHAMBER, AND AS THE SON OF A HINDU MOTHER AND A

HINDU FAMILY. IT IS A CELEBRATION THAT I HAVE OBSERVED THROUGHOUT MY

LIFE, AND I'M SO GLAD TO BE A PART OF A CHAMBER THAT WILL BRING THAT

CELEBRATION TO SO MANY NEW YORKERS. AND AS WITH ANY HISTORY, WE

KNOW THAT THIS STARTS WITH ALTERNATE-SIDE PARKING --

(LAUGHTER)

-- BECAUSE IN 2005 THAT WAS THE FIRST FIGHT, TO GET

ALTERNATE-SIDE PARKING IN NEW YORK CITY, AND AGAINST THE OBJECTIONS OF

MICHAEL BLOOMBERG, IT WAS APPROVED. AND IN 2014 THERE WAS A

COALITION FORMED OF MORE THAN 40 ORGANIZATIONS, AND TODAY THEY HAVE

NYS ASSEMBLY JUNE 10, 2023

MANAGED TO TAKE A PROMISE AND MADE IT INTO A POLICY. AND I WANT TO

THANK THE SPONSOR OF THIS LEGISLATION FOR STEWARDING THIS ALONG THE WAY,

FOR THE SPEAKER OF THIS HOUSE FOR ENSURING THAT WE LIVED UP TO OUR

WORD. FOR MY FELLOW CO-CHAIR OF THE TASK FORCE FOR ENSURING THAT WE

FINALLY BEGIN A NEW CHAPTER WHERE ASIAN-AMERICANS IN THE CITY AND IN

THIS STATE CAN UNDERSTAND THEMSELVES, IT'S NOT SIMPLY BEING TOLERATED,

NOT SIMPLY BEING APPROVED, BUT RATHER, BEING CELEBRATED.

THANK YOU ALL.

ACTING SPEAKER AUBRY: MR. MAMDANI IN THE

AFFIRMATIVE.

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

MR. ANDERSON: THE 31ST ASSEMBLY DISTRICT, MR.

SPEAKER, IS HOME TO OVER 20,000, 20,000 ASIAN-AMERICANS, AND WE'RE

EXCITED TODAY THAT DIWALI WILL TRULY BECOME A HOLIDAY WHERE FOLKS DO

NOT HAVE TO CHOOSE BETWEEN SCHOOL AND CELEBRATING FAMILY AND

COMMUNITY. A FEW WEEKS AGO I HAD THE OPPORTUNITY TO CO-NAME A

STREET AFTER GURU NANAK DEV JI WITH MY COLLEAGUE AND THE SPONSOR OF

THIS LEGISLATION, AND THIS WAS THE GURU WHO FOUNDED SIKHISM. AND

WHEN WE LEARN ABOUT THE HOLIDAY OF DIWALI AND WE LEARN ABOUT THE

VARIOUS RELIGIONS WHO CELEBRATE THIS HOLIDAY, WE WANT TO MAKE SURE

THAT THEY CAN DO SO SAFELY AND WITH THEIR FAMILIES, WITHOUT HAVING TO

CHOOSE BETWEEN STUDYING AND CELEBRATION. AND SO WHEN WE THINK

NYS ASSEMBLY JUNE 10, 2023

ABOUT, AND AS I'M LEARNING ABOUT SIKHISM, IT'S ALL ABOUT TEACHING EQUIT

-- EQUITY, JUSTICE AND LOVE ACROSS MANY GROUPS AND ENTITIES. AND SO

WHEN WE LOOK AT THE CELEBRATION OF THIS HOLIDAY AND IT BEING ADOPTED,

IT'S EXTREMELY IMPORTANT THAT WE DO SO IN A WAY THAT'S EQUITABLE AND WE

DO SO IN A WAY THAT ACKNOWLEDGES COMMUNITIES THAT HAVE BEEN LONG

FORGOTTEN ABOUT AND LEFT BEHIND.

SO I'M PROUD AND I COMMEND THE SPONSOR FOR HER

WORK, HER TENACITY AND MAKING SURE, AGAIN, THAT THIS PROMISE TURNED

INTO POLICY. I WITHDRAW MY REQUEST, MR. SPEAKER, AND VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

IN EXPLAINING MY VOTE, I JUST WANT TO COMMEND AND THANK THE SPONSOR

FOR BRINGING THIS BILL FORWARD. WE'VE TALKED ABOUT IT ON SEVERAL

OCCASIONS. I REPRESENT THE LARGEST GUYANESE COMMUNITY OUTSIDE OF

NEW YORK CITY, AND I HAD A CHANCE TO -- AN OPPORTUNITY TO CELEBRATE

DIWALI AND LEARN ABOUT THE FESTIVAL OF LIGHTS WITH THE GUYANESE

COMMUNITY AND A NUMBER OF OTHER NATIONALITIES IN THAT DIVERSE

COMMUNITY. AND I KNOW AT SOME POINT, I HOPE -- I'M HOPEFUL -- THIS IS

IMPORTANT TO MY COMMUNITY AND WE'RE HOPEFUL THAT WE CAN SEE ANOTHER

BILL THAT WILL EXTEND THIS HOLIDAY TO THE REST OF THE STATE, BUT FOR NOW

I'M VERY PLEASED TO CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SANTABARBARA IN

NYS ASSEMBLY JUNE 10, 2023

THE AFFIRMATIVE.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

WHEN I RAN FOR OFFICE IN 2020, I RAN FOR A DISTRICT, DISTRICT 34, THAT WAS

ONE OF THE MOST DIVERSE DISTRICTS - AND I BELIEVE IT'S STILL - IN NEW YORK,

AND I WOULD ARGUE ACROSS THE COUNTRY. MY DISTRICT WAS NEARLY 30

PERCENT SOUTH ASIAN, ASIAN-AMERICAN, AND I'M PROUD TO HAVE

REPRESENTED A DEEPLY DIVERSE COMMUNITY, MANY HINDUS, BUDDHISTS,

SIKHS, JAINS, THAT CELEBRATE DIWALI. SO IT IS WITH IMMENSE JOY AND

PLEASURE TO VOTE IN THE AFFIRMATIVE, TO COMMEND THE SPONSOR AND THE

COALITION AND MEMBERS WHO HAVE PUSHED TO MAKE SURE THAT THIS DAY

HAPPENS. WHILE IN REDISTRICTING I LOST MANY OF MY ASIAN-AMERICANS TO

MY DEAR FRIEND ASSEMBLYMEMBER STEVE RAGA, I AM STILL PROUDLY

FIGHTING AND ADVOCATING TO MAKE SURE ALL OUR AAPI COMMUNITIES ARE

REPRESENTED AND CELEBRATED.

SO THIS IS A WONDERFUL OCCASION AND I AM PROUD TO

VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

IN THE AFFIRMATIVE.

MS. SHIMSKY.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. THIS

LEGISLATION, AND I CONGRATULATE MS. RAJKUMAR ON IT, SENDS A SIGNAL NOT

JUST THROUGH NEW YORK CITY BUT ACROSS THE STATE AS WELL. THE

POPULATION OF SOUTH ASIANS IN WESTCHESTER COUNTY HAS GROWN A GREAT

DEAL IN RECENT YEARS. ONE OF OUR SCHOOL DISTRICTS, THE ARDSLEY SCHOOL

NYS ASSEMBLY JUNE 10, 2023

DISTRICT, RECENTLY MADE DIWALI A HOLIDAY FOR -- FOR THOSE STUDENTS, AND I

SUSPECT THAT IT WON'T BE LONG BEFORE DIWALI, AS -- AS WELL AS LUNAR NEW

YEAR WILL BECOME STATEWIDE HOLIDAYS. I LOOK FORWARD TO THAT DAY.

AND THANK YOU TO THE LEADERSHIP OF ASSEMBLYWOMAN RAJKUMAR AND

ASSEMBLYMAN COLTON AND EVERYONE WHO WORKED SO HARD ON GETTING

THESE DAYS ON THE CALENDAR.

ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES

HAVE ON THEIR DESKS AN A-CALENDAR. I'D LIKE TO ADVANCE THAT

A-CALENDAR. I'D LIKE TO ADVANCE THE A-CALENDAR, SIR.

ACTING SPEAKER AUBRY: ON MRS. PEOPLES-

STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU. IF WE COULD

NOW GO TO RULES REPORT NO. 338 BY MS. RAJKUMAR, RULES REPORT NO.

459 BY MR. BRONSON. THANK YOU, JUST THOSE TWO, SIR.

ACTING SPEAKER AUBRY: PAGE 7, RULES REPORT

NO. 338, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03301-A, RULES

NYS ASSEMBLY JUNE 10, 2023

REPORT NO. 338, RAJKUMAR, KIM, MAMDANI, BICHOTTE HERMELYN,

DILAN, ROZIC, PAULIN, WEPRIN, LAVINE, SAYEGH, PHEFFER AMATO, JOYNER,

LUCAS, VANEL, WALLACE, MCMAHON, BENEDETTO, CRUZ, D. ROSENTHAL,

REYES, SEPTIMO, LUNSFORD, HEVESI, OTIS, STERN, L. ROSENTHAL, CLARK,

BARRETT, EPSTEIN, GLICK, BURGOS, SILLITTI, DE LOS SANTOS, ANDERSON,

RAGA, GONZ�LEZ-ROJAS, SIMON, LEE, SHIMSKY. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO ESTABLISHING THE NEW YORK ASIAN

AMERICAN AND PACIFIC ISLANDER COMMISSION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. CHANG TO EXPLAIN HIS VOTE.

MR. CHANG: THANK YOU, MR. SPEAKER. I AM

GRATEFUL THAT THIS COMMISSION IS BEING FORMED, AND WITH BOTH PARTIES

HAVE A SAY. AND I HOPE THIS COMMISSION WILL HAVE SOME TEETH, SOME

TASK FORCE INTO -- INTO FURTHER ENHANCE OUR ASIAN-AMERICAN HERITAGE,

LUNAR NEW YEARS AND OTHER BILLS AND CONCERNS HERE. AND I'M GRATEFUL

FOR THE SPONSOR ITSELF, PUSHING THIS COMMISSION ITSELF. AT LEAST

EVERYONE HAS A SEAT IN THE TABLE AND HOPEFULLY THIS MIGHT EVEN COME UP

WITH A SOLUTION IN REGARDS ABOUT ASIAN HATE. IF THEY CAN COME UP WITH

THAT, WE'RE GRATEFUL FOR THAT. THANK YOU FOR -- THANK YOU, MR. SPEAKER,

I VOTE FOR THE AFFIRM [SIC].

ACTING SPEAKER AUBRY: MR. CHANG IN THE

NYS ASSEMBLY JUNE 10, 2023

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 10, RULES REPORT NO. 459, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06046-B, RULES

REPORT NO. 459, BRONSON, SHIMSKY, GONZ�LEZ-ROJAS, HEVESI, REYES,

SIMONE, SEAWRIGHT, SOLAGES, CRUZ, SHRESTHA, CLARK, SIMON, EPSTEIN,

PAULIN, GLICK, GALLAGHER, LUNSFORD, O'DONNELL, KELLES, L. ROSENTHAL,

BORES, BURDICK, STIRPE, FAHY, BURGOS, WEPRIN, MCDONALD, SILLITTI. AN

ACT TO AMEND THE FAMILY COURT ACT, THE EXECUTIVE LAW, THE CIVIL

PRACTICE LAW AND RULES, THE CRIMINAL PROCEDURE LAW, THE EDUCATION

LAW, THE PUBLIC HEALTH LAW AND THE INSURANCE LAW, IN RELATION TO

GENDER-AFFIRMING CARE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. BRONSON.

MR. BRONSON: YES, MR. SPEAKER. THIS BILL

ESTABLISHES PROTECTIONS FOR INDIVIDUALS SEEKING GENDER-AFFIRMING CARE

FOR THEMSELVES OR THEIR CHILDREN, AS WELL AS FOR THE HEALTHCARE

PRACTITIONERS WHO PROVIDE GENDER-AFFIRMING CARE IN NEW YORK STATE.

THIS BILL PROVIDES NEW YORK WILL NOT BE COMPLICIT IN OTHER STATES'

ATTEMPTS TO PUNISH THE PROVISION, RECEIPT OR SUPPORT OF

GENDER-AFFIRMING CARE.

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. BRONSON, WILL

YOU YIELD?

MR. BRONSON: YES, I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU VERY MUCH, MR. BRONSON.

SO, COULD YOU JUST GIVE MAYBE AN EXAMPLE OR TWO ABOUT, YOU KNOW,

LIKE WHEN THIS BILL WOULD ACTUALLY APPLY SO THAT WE -- I COULD BETTER

UNDERSTAND WHAT THE BILL IS DOING?

MR. BRONSON: CERTAINLY. THIS BILL WOULD APPLY

IN SITUATIONS WHERE A PERSON IS IN NEW YORK, SEEKS GENDER-AFFIRMING

CARE BUT THEN ANOTHER STATE THAT HAS OUTLAWED THAT GENDER-AFFIRMING

CARE TRIES TO ENFORCE THEIR LAWS AGAINST THE PERSON WHO RECEIVED THE

CARE HERE IN NEW YORK STATE.

MS. WALSH: OKAY. SO, I WAS TRYING TO THINK OF AN

EXAMPLE. LET ME THROW THIS OUT THERE AND JUST TELL ME IF I'M GOING

DOWN THE RIGHT PATH HERE.

MR. BRONSON: CERTAINLY.

MS. WALSH: YOU HAVE A -- A COUPLE THAT IS

DIVORCING OR HAS DIVORCED IN -- LET ME PICK A STATE WHERE IT'S -- WHICH

HAS BEEN UNFRIENDLY; THERE ARE 19 STATES THAT HAVE BANNED OR RESTRICTED

GENDER-AFFIRMING CARE. LET'S SAY THEY'RE FROM GEORGIA, THAT'S JUST ONE

OF THEM. AND -- AND THERE'S A DIVORCE DECREE THAT SETS OUT -- AND THEY

NYS ASSEMBLY JUNE 10, 2023

HAVE -- THEY HAVE A CHILD. THEIR DIVORCE DECREE SPELLS OUT THAT ONE

PARENT HAS -- SAY THE MOM HAS GOT PRIMARY PHYSICAL CUSTODY, DAD'S GOT

JOINT LEGAL CUSTODY, THEY HAVE A PARENTING SCHEDULE OF WHEN THEY'RE

GONNA SEE THE CHILD. YOU KNOW, A DIVORCE DECREE THAT HANDLES ALL THE

MONEY ASPECTS BUT ALSO HAS THE -- THE OTHER -- THE CUSTODIAL PIECE TO IT.

AND THEN ONE OF THOSE PARENTS TRAVELS WITH, SAY, THE -- THE TEENAGER TO

NEW YORK STATE TO RECEIVE GENDER-AFFIRMING CARE. HOW WOULD THAT

PLAY OUT -- HOW WOULD THAT SCENARIO PLAY OUT USING THIS LEGISLATION?

MR. BRONSON: THIS BILL DOESN'T ADDRESS THE

CUSTODY ISSUE AND THE ISSUES OF, YOU KNOW, IF THERE'S A DISPUTE BETWEEN

THOSE TWO PARENTS. IT WOULD ONLY SAY THAT IF A CUSTODY PROCEEDING IS

BROUGHT HERE IN NEW YORK, THIS PROVISION WOULD PREVENT THE FACT THAT

GENDER-AFFIRMING CARE IS OUTLAWED IN ANOTHER STATE, THAT ISSUE COULD NOT

BE USED AS BEING A REASON TO DENY CUSTODY IN A CUSTODY DISPUTE THAT'S

PENDING IN NEW YORK STATE ITSELF.

MS. WALSH: OKAY. I GUESS WHAT I'M CONFUSED

ABOUT IS WHY -- WHY WOULD IT MATTER -- IF A MATTER IS BEING BROUGHT IN

NEW YORK STATE, A CUSTODY MATTER, WHY WOULD IT MATTER WHAT ANOTHER

STATE SAYS OR HAS HELD WITH RESPECT TO GENDER-AFFIRMING CARE?

MR. BRONSON: CERTAINLY. IF ANOTHER STATE HAS A

PROVISION IN LAW THAT SAYS GENDER-AFFIRMING CARE IS CHILD ABUSE --

MS. WALSH: OKAY.

MR. BRONSON: -- AND THE CUSTODY DISPUTE IS BEING

HANDLED BY THE COURTS HERE IN NEW YORK STATE, WHAT THIS BILL SAYS IS

THAT STATE'S OPINION AND DETERMINATION THAT GENDER-AFFIRMING CARE IS

NYS ASSEMBLY JUNE 10, 2023

CHILD ABUSE CANNOT BE USED IN THE CUSTODY BATTLE THAT'S PENDING IN NEW

YORK STATE COURTS.

MS. WALSH: SO ARE YOU ENVISIONING A SITUATION

WHERE THE -- THE PARENTS AND CHILD ARE IN NEW YORK STATE BUT IT MIGHT

APPLY, OR IT MIGHT BE ASKED TO APPLY TO ANOTHER STATE'S LAW?

MR. BRONSON: I'M -- I'M SORRY. WOULD YOU ASK

THAT AGAIN?

MS. WALSH: YEAH. SO, YEAH, I'LL TRY, I'LL TRY. SO ARE

YOU ENVISIONING A SITUATION WHERE THE -- THE PARTIES, THE PARENTS AND

CHILD ARE IN NEW YORK STATE BUT SOMEHOW THE LAW OF ANOTHER STATE IS

BEING ASKED TO APPLY TO -- TO NEW YORK RESIDENTS, OR ARE THEY -- ARE

THEY OUT-OF-STATE RESIDENTS WHO JUST HAPPEN TO BE HERE, OR...

MR. BRONSON: WELL, LET -- LET'S USE THE EXAMPLE

THAT YOU GAVE --

MS. WALSH: OKAY.

MR. BRONSON: IN GEORGIA. SO IF GEORGIA HAS

BANNED GENDER-AFFIRMING CARE FOR CHILDREN OR FOR ANYONE, BUT THOSE

INDIVIDUALS ARE IN NEW YORK STATE, THEY SEEK GENDER-AFFIRMING CARE IN

NEW YORK STATE, THEN NEW YORK STATE UNDER THIS PROVISION WOULD DO A

NUMBER OF THINGS. NUMBER ONE, IT WOULD PROTECT ANY PROSECUTION OF

THOSE INDIVIDUALS UNDER OUR CURRENT LAW THAT IS -- GENDER-AFFIRMING CARE

IS LEGAL HERE IN NEW YORK STATE, NUMBER ONE.

MS. WALSH: SO HERE --

MR. BRONSON: AND NUMBER --

MS. WALSH: -- SO HERE IT WOULD BE PROTECTIVE OF

NYS ASSEMBLY JUNE 10, 2023

THEM SEEKING THE CARE HERE.

MR. BRONSON: THE CARE IS GIVEN HERE IN NEW

YORK STATE.

MS. WALSH: YES, OKAY. I GOT YOU THERE.

MR. BRONSON: THAT'S THE KEY TO THIS LEGISLATION.

MS. WALSH: OKAY.

MR. BRONSON: TWO, ANY PROVIDERS THAT GAVE THAT

CARE ARE PROTECTED UNDER NEW YORK STATE AGAINST IF, SAY, ANOTHER STATE

TRIED TO EXTRADITE OR ASK FOR AN EXTRADITION, WE WILL NOT PARTICIPATE IN

THAT. THIRDLY, IF THAT STATE ASKS FOR SOME FORM OF LAW ENFORCEMENT

ASSISTANCE FROM OUR LAW ENFORCEMENT OFFICERS, THEY ARE PROHIBITED FROM

ASSISTING THE OTHER STATE. AND THEN LASTLY, THE BILL ALSO WILL PROTECT

PROVIDERS SO THAT, ONE, THEIR MEDICAL MALPRACTICE CAN'T BE CHANGED

BECAUSE OF THEIR SERVICE THAT THEY PROVIDE, AND THEY CAN'T BE SUBJECT TO

DISCIPLINARY ACTIONS.

MS. WALSH: OKAY. AND I REALLY APPRECIATE YOU

LAYING OUT THAT -- THAT CONCEPT AND THOSE CONCEPTS SO I CAN BETTER -- SO I

REALLY CAN BETTER UNDERSTAND IT. WHAT IT SEEMS TO ME, THOUGH, IS WHAT'S

MORE LIKELY TO PRESENT ITSELF IN A FAMILY COURT SITUATION WOULD BE IF YOU

HAD, SAY, TWO GEORGIA PARENTS WHO DID NOT AGREE ON THIS ISSUE. AND

ONE PARENT IS GOING WITH THE CHILD TO NEW YORK, SAY, TO RECEIVE THE

CARE, THE OTHER PARENT DISAGREES AND I THINK THAT THAT'S HOW IT WOULD

POTENTIALLY COME UP UNDER A FAMILY COURT PROCEEDING WHERE IT WOULD

MAYBE BE, LIKE, A CHOICE OF LAW ISSUE, YOU KNOW, DO WE APPLY THE

GEORGIA LAW TO THIS SITUATION OR DO WE APPLY NEW YORK LAW TO THE

NYS ASSEMBLY JUNE 10, 2023

SITUATION AND IT WOULD BE -- WOULD YOU AGREE WITH THAT THOUGHT?

MR. BRONSON: WELL, THIS UNFORTUNATELY IN MY

OPINION --

MS. WALSH: YEAH.

MR. BRONSON: -- THIS BILL DOESN'T ADDRESS THAT

ISSUE --

MS. WALSH: OKAY.

MR. BRONSON: -- AND WE DON'T GO THAT FAR.

THERE'S, YOU KNOW, CALIFORNIA HAS GONE THAT FAR IN THEIR PROVISION, WE

HAVE NOT --

MS. WALSH: OKAY.

MR. BRONSON: -- WE HAVEN'T CHANGED THE

JURISDICTION ISSUE, NOR HAVE WE INTERVENED IN THAT DISPUTE BETWEEN

THOSE PARENTS WHO DISAGREE.

MS. WALSH: OKAY. SO INSTEAD OF THAT SCENARIO

THEN, WOULD IT BE THEN THAT PERHAPS PARENTS AND CHILD COME TO NEW

YORK, GET GENDER-AFFIRMING CARE, GO BACK TO GEORGIA AND SOMEHOW

THERE'S SOME PROBLEM IN GEORGIA, THEY LEARN ABOUT IT SOMEHOW OR

THERE'S A PETITION FILED BY -- IN GEORGIA BY UPSET GRANDPARENTS OR I DON'T

KNOW, SOMEBODY WITHSTANDING, AND THEY TRY TO DO A REMOVAL OF THE

CHILD, OR THEY TRY TO BRING AN ABUSER NEGLECT CASE AGAINST THE PARENTS IN

GEORGIA. AND I UNDERSTAND THE ISSUE IN THE BILL. I THINK WHAT THE BILL

WOULD SAY IN PART IS THAT NEW YORK WOULD REFUSE UNDER THIS LEGISLATION

TO COOPERATE WITH, SAY, SUBPOENAS, AND -- AND THAT KIND OF THING, I GET

THAT, BUT WHAT AM I MISSING? IS THERE ANYTHING ELSE THAT THIS LEGISLATION

NYS ASSEMBLY JUNE 10, 2023

WOULD DO IN THAT SCENARIO?

MR. BRONSON: YEAH. WHAT -- WELL, LET ME -- LET

ME TRY TO ANSWER IT THIS WAY, IF I MAY.

MS. WALSH: OKAY.

MR. BRONSON: SO LOOKING AT OUR FACT PATTERN, YOU

HAVE TWO PARENTS WHO DISAGREE ABOUT GENDER-AFFIRMING CARE.

MS. WALSH: YUP.

MR. BRONSON: ONE PARENT IS A RESIDENT OF

GEORGIA, THE OTHER PARENT AND THE CHILD ARE RESIDENTS OF NEW YORK

STATE.

MS. WALSH: OKAY.

MR. BRONSON: A CUSTODY PROCEEDING IS BROUGHT

IN NEW YORK STATE. THIS LEGISLATION WOULD PREVENT, IN THAT CUSTODY

PROCEEDING, USING THE FACT THAT GEORGIA HAS OUTLAWED GENDER-AFFIRMING

CARE IN A DETERMINATION FOR THE CUSTODY.

MS. WALSH: OKAY. SO WHAT IF -- WHAT IF INSTEAD

WE CHANGE THE SCENARIO JUST A LITTLE BIT AND BOTH PARENTS AND CHILD ARE

RESIDENTS OF GEORGIA, THE ONE PARENT AND CHILD TRAVEL TO NEW YORK TO

RECEIVE THE CARE, THE OTHER PARENT IS IN GEORGIA AND DOESN'T AGREE.

HOW DOES -- HOW DOES THAT PLAY OUT UNDER THIS?

MR. BRONSON: FIRST OF ALL, OUR LAW WOULDN'T APPLY

TO THAT CUSTODY BATTLE IN GEORGIA.

MS. WALSH: OKAY.

MR. BRONSON: AND SO WE WOULD NOT -- THIS BILL

WOULD NOT INTERFERE WITH GEORGIA'S ABILITY, YOU KNOW, BOTH PARENTS ARE

NYS ASSEMBLY JUNE 10, 2023

RESIDENTS OF GEORGIA, THE CHILD IS A RESIDENT OF GEORGIA. EVEN THOUGH

THEY TRAVELED TO NEW YORK FOR THE GENDER-AFFIRMING CARE, GEORGIA'S

LAWS WOULD APPLY, THEIR COURT SYSTEM WOULD DEAL WITH THE CUSTODY

BATTLE IN -- IN THAT SCENARIO.

MS. WALSH: OKAY. OKAY. I APPRECIATE THAT. IS THIS

BILL -- SO WHEN I FIRST READ THE BILL, IT REMINDED ME OF LEGISLATION THAT

WE TOOK UP HAVING TO DO WITH ABORTION CARE AND REPRODUCTIVE HEALTH

CARE. IS IT SORT OF MODELED -- IT SEEMED, AT LEAST REMINISCENT, YOU

KNOW, OF -- OF THE BILL.

MR. BRONSON: INDEED IT CHANGES THAT PROVISION

ADDING GENDER-AFFIRMING CARE IN MANY SECTIONS OF THE PROPOSED

LEGISLATION.

MS. WALSH: OKAY, VERY GOOD. YOU KNOW, I READ

SO MANY BILLS, SOMETIMES I JUST WONDER IF I'M IMAGINING THINGS. OKAY.

I -- OKAY. SO I APPRECIATE WHAT YOU'RE SAYING AS FAR AS THAT NEW YORK'S

LAW, THIS LEGISLATION IS NOT GOING TO TRY TO INFLUENCE OR IMPACT WHAT

ANOTHER STATE'S LAWS ARE GOING TO SAY REGARDING OUR CUSTODY MATTER

THAT'S GOING ON IN THAT OTHER STATE. AND I WAS DOING A LITTLE BIT OF

RESEARCH, AS -- AS WAS MY -- MY COLLEAGUE TO MY RIGHT ABOUT THE

INTERSTATE COMPACT, THE ICPC, INTERSTATE COMPACT ON THE PLACEMENT OF

CHILDREN, WHERE ALL 50 STATES ARE PARTICIPATING AND THE IDEA IS THAT --

THAT MEMBERS STATE TO ALL PLEDGE TO WORK ACROSS STATE LINES TO FOSTER

CARE OR ADOPTION SO THAT KIDS RECEIVE ADEQUATE PROTECTION AND SUPPORT,

YOU KNOW, REGARDLESS OF WHAT STATE THEY'RE IN. BUT I THINK THAT THAT -- I

DON'T KNOW HOW APPLICABLE THAT IS TO THIS PARTICULAR SITUATION HERE.

NYS ASSEMBLY JUNE 10, 2023

MR. BRONSON: ALL WE'RE SAYING IS IF IT'S AGAINST

NEW YORK POLICY, WHICH BANNING GENDER-AFFIRMING CARE IS, THEN WE'RE

NOT GOING TO PARTICIPATE IN THE ENFORCEMENT OF OTHER STATES.

MS. WALSH: OKAY, VERY GOOD. AND THANK YOU SO

MUCH FOR ANSWERING ALL OF MY QUESTIONS.

MR. SPEAKER, I'LL JUST GO ON THE BILL BRIEFLY.

ACTING SPEAKER AUBRY: ON THE BILL?

MS. WALSH: YES, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. WALSH: THANK YOU. SO I DO HAVE A BETTER

UNDERSTANDING NOW OF WHAT THE BILL DOES AND WHAT IT DOESN'T DO, WHICH

IS GOOD. I THINK THAT SOME OF MY COLLEAGUES MAY HAVE SOME CONCERNS

ABOUT THE BILL IN THE SENSE OF THAT ARGUE -- ARGUABLY IT INFRINGES UPON

THE CONSTITUTIONAL AND FUNDAMENTAL RIGHT OF PARENTING. THE 14TH

AMENDMENT OF THE U.S. CONSTITUTION PROVIDES PARENTS THE SUBSTANTIVE

RIGHT TO REAR THEIR CHILDREN AS THEY SEE FIT. IT FURTHER PRESUMES THAT A

BIOLOGICAL PARENT'S DECISION IS IN THE BEST INTEREST OF THE CHILD. COURTS

HAVE LONG HELD THAT PARENTS HAVE A FUNDAMENTAL CONSTITUTIONAL RIGHT TO

CARE AND CONTROL OF THEIR CHILDREN. AND THAT'S THE TROXEL DECISION BACK

IN 2002. UNDER A STRICT CONSTITUTIONALIST CONSTRUCTION THEORY, THE COURTS

AND THE LAW ARE, UNDER EXISTING CONSTITUTIONAL PRINCIPLES, POWERLESS TO

SUPPLANT PARENTS EXCEPT FOR GRIEVOUS CAUSE OR NECESSITY, AND I -- THAT'S

FROM STANLEY V. ILLINOIS, 405 U.S. 645 FROM 1972. THE STATE IS PARENS

PATRIAE - I THINK I'M SAYING THAT RIGHT - AND ALWAYS HAS BEEN, BUT IT HAS

NOT DISPLACED THE PARENT IN RIGHT OR RESPONSIBILITY, AND THAT'S THE

NYS ASSEMBLY JUNE 10, 2023

SEMINAL CASE OF BENNETT V. JEFFREYS, 356 N.E.2D 277 FROM 1976.

THIS BILL SUPPLANTS HOW A PARENT CHOOSES TO RAISE THEIR

CHILD, INSTEAD CREATING A SAFE HAVEN FOR A MINOR TO RECEIVE

GENDER-CHANGING TREATMENT IN NEW YORK. FOR THOSE REASONS, THE

CONSERVATIVE PARTY, THE CATHOLIC CONFERENCE ARE BOTH OPPOSED TO THIS

BILL AND AS I SAID, MANY OF MY COLLEAGUES MAY ALSO FEEL THE SAME WAY.

AND THANK YOU VERY MUCH, MR. SPEAKER. I WILL BE IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. BRONSON, WOULD

YOU YIELD?

MR. BRONSON: YES, I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

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

APOLOGIZE. I HAD TO STEP OUT FOR A MINUTE SO MY APOLOGIES IF YOU

ALREADY ANSWERED THIS. I KNOW THAT THIS LANGUAGE IN THE STATUTE

(INAUDIBLE) THE PROPOSED BILL, SPECIFICALLY PRECLUDES ANY COURT OR

COUNTY CLERK FROM ISSUING A SUBPOENA RELATING TO GENDER-AFFIRMING CARE

THAT'S PROVIDED IN NEW YORK. NOW USING THE EXAMPLE OF A PARENT THAT

HAS MAYBE PRIMARY CUSTODY IN GEORGIA UNDER THE DIVORCE DECREE OR

SEPARATION AGREEMENT IS RESPONSIBLE FOR MAKING ALL MAJOR MEDICAL

NYS ASSEMBLY JUNE 10, 2023

CARE, PERHAPS IN CONSULTATION. CHILD COMES TO VISIT DAD UP IN NEW

YORK IN VIOLATION OF WITHOUT CONSULTING MOM OR -- OR OTHERWISE

COMPLYING HAS GENDER-AFFIRMING CARE. UNDER THE PLAIN LANGUAGE OF

THIS BILL, AM I CORRECT THAT IN AN ENFORCEMENT ACTION BROUGHT IN

GEORGIA, CONSISTENT WITH THE UNIFORM CHILD CUSTODY JURISDICTION

ENFORCEMENT ACT, THIS BILL WOULD PRECLUDE NEW YORK STATE COURTS

FROM HONORING THAT SUBPOENA?

(PAUSE)

MR. BRONSON: THE -- YES. UNDER THE PROVISIONS

OF THIS, UNLESS THE OUT-OF-STATE PROCEEDING OBVIOUSLY IS -- IS IN TORTE OR

CONTRACT AND IF IT IS ACTIONABLE AND IN AN EQUIVALENT OR SIMILAR MANNER

UNDER THE LAWS OF THIS STATE, THEN WE WOULD NOT HONOR THAT SUBPOENA.

MR. GOODELL: SO IF WE ADOPT THIS THEN, THIS

WOULD BE IN ESSENCE, AN EXCEPTION TO THE UNIFORM CHILD CUSTODY

JURISDICTION ENFORCEMENT ACT THAT NEW YORK AND 48 OTHER STATES ARE

SIGNATORS TO?

MR. BRONSON: WELL, WHAT WE'RE SAYING HERE IS WE

ARE NOT GOING TO BE COMPLICIT IN WHAT THIS STATE PERCEIVES AS LEGISLATION

AND STATUTES THAT ARE BASED IN HATE AND BASED IN DISCRIMINATION AGAINST

THOSE WHO MAY SEEK GENDER-AFFIRMING CARE, OR INDIVIDUALS WHO, ON

BEHALF OF THEIR CHILDREN WITH THE ASSENT OF THEIR CHILDREN TO SEEK

GENDER-AFFIRMING CARE.

MR. GOODELL: AND IN SO DOING SO WE WOULD BE

COMPLICIT IN VIOLATING A FOREIGN STATE'S JURISDICTIONAL EXCLUSIVITY UNDER

THE UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT, WE WOULD

NYS ASSEMBLY JUNE 10, 2023

THEN BE VIOLATING ALL OF THE OTHER STANDARDS RELATING TO INTERSTATE

ENFORCEMENT OF EXISTING DIVORCE DECREES, SETTLEMENT AGREEMENTS,

CUSTODY AGREEMENTS AND JUST IGNORING WHAT OTHER STATES ARE? I MEAN --

MR. BRONSON: SO, LET ME -- LET ME -- LET ME JUST

MAKE A --

MR. GOODELL: I MEAN, YOU USE AN EXAMPLE IF YOU

WANT TO --

MR. BRONSON: MR. GOODELL, IF YOU -- LET -- LET ME

JUST TRY TO ANSWER YOUR OTHER QUESTION BEFORE YOU --

MR. GOODELL: OKAY.

MR. BRONSON: -- MAKE IT MORE COMPLICATED WITH

ANOTHER FACT SCENARIO.

MR. GOODELL: OKAY.

MR. BRONSON: IF THE PARENT DID NOT HAVE THE

AUTHORITY UNDER THE SEPARATION AGREEMENT OR THE CUSTODY AGREEMENT,

THEN THEY WOULD NOT BE LAWFULLY DOING -- MAKING THAT GENDER-AFFIRMING

CARE HERE IN NEW YORK STATE. SO IF THAT'S THE CASE, THEN WE WOULD

HONOR THE SUBPOENA UNDER YOUR SCENARIO.

MR. GOODELL: THANK YOU FOR THAT CLARIFICATION,

VERY IMPORTANT. THANK YOU, SIR.

MR. BRONSON: THANK YOU, MR. GOODELL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

NYS ASSEMBLY JUNE 10, 2023

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I APPRECIATE MY

COLLEAGUE'S COMMENTS. NEVERTHELESS, THE REPUBLICAN CONFERENCE WILL

GENERALLY BE IN THE NEGATIVE. THOSE WHO SUPPORT THIS ARE CERTAINLY

ENCOURAGED TO VOTE IN THE AFFIRMATIVE HERE ON THE FLOOR. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE IS GOING TO GENERALLY BE IN FAVOR OF THIS PIECE OF

LEGISLATION. THERE MAY BE A FEW EXCEPTIONS, THEY CAN VOTE AT THEIR SEAT.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. SIMONE TO EXPLAIN HIS VOTE.

MR. SIMONE: THANK YOU, MR. SPEAKER. I WOULD

LIKE TO EXPLAIN MY VOTE. COULD YOU IMAGINE IF YOUR CHILD WAS TAKEN

FROM YOU OR DENIED HEALTH CARE IF THEY TOLD YOU THEY, HE OR SHE WAS

TRANSGENDER. WELL, IT'S HAPPENING IN OTHER STATES SOUTH OF US. THIS

LEGISLATION WILL CREATE A TRANSGENDER SAFE HAVEN IN OUR STATE,

WELCOMING OUR TRANS KIDS, THEIR FAMILIES AND THEIR DOCTORS. ACCESS TO

GENDER-AFFIRMING CARE IS A HUMAN RIGHT. TRANSGENDER RIGHTS ARE A

HUMAN RIGHT, HUMAN RIGHTS ARE TRANSGENDER RIGHTS. THIS IS ABOUT HEALTH

CARE, PLAIN AND SIMPLE. AND AS LONG AS THERE'S A RIGHT WING WAR ON

NYS ASSEMBLY JUNE 10, 2023

TRANS KIDS AND FAMILIES, NEW YORK SHOULD BE A BEACON OF TRANS RIGHTS

AND A SAFE HAVEN FROM THEIR PERSECUTION.

THERE ARE 474 ANTI-LGBTQ BILLS IN STATE HOUSES

ACROSS THE COUNTRY RIGHT NOW BASED ON HATE AND IGNORANCE AND FEAR, NOT

BASED ON PARENT'S RIGHTS, OVER 100 OF WHICH WILL SEEK TO ELIMINATE

ACCESS TO GENDER-AFFIRMING CARE AND CRIMINALIZED GUARDIANS AND HEALTH

CARE PROVIDERS WHO HELP TRANSGENDER KIDS BE WHO THEY ARE AND HAVE

ACCESS TO GENDER-AFFIRMING CARE DENYING THEM HEALTH CARE.

FORTY-SEVEN HAVE ALREADY BEEN PASSED INTO LAW, 14 STATES HAVE BANNED

GENDER-AFFIRMING CARE FOR KIDS. ABOUT 150,000 TRANSGENDER YOUTH

HAVE LOST ACCESS OR AT RISK OF LOSING ACCESS TO GENDER-AFFIRMING CARE

BECAUSE OF THESE INITIATIVES. RESEARCH SHOWS THAT ACCESS TO

GENDER-AFFIRMING CARE FOR TRANSGENDER YOUNG PEOPLE REDUCE THE RISK OF

DEPRESSION, PSYCHOLOGICAL DISTRESS, AND THE RISK OF TRANS YOUTH WILL

COMMIT SUICIDE BY 73 PERCENT. THE TREVOR PROJECT ESTIMATES THAT 1 IN

2 TRANS KIDS IN NEW YORK CONSIDERED SUICIDE IN 2022. THIS LAW WILL

HELP SAVE LIVES. WE SHOULD WELCOME THEM WITH OPEN ARMS TO OUR

STATE. THIS IS A DIRECT ATTACK ON KIDS' LIVES AND WE HAVE TO MAKE NEW

YORK A SAFE SPACE FOR OUR KIDS, OUR DOCTORS AND OUR PARENTS AND

WELCOME THEM WITH OPEN ARMS. I AM PROUD TO VOTE IN THE AFFIRMATIVE.

COME TO NEW YORK, WE WILL HELP YOU.

ACTING SPEAKER AUBRY: MR. SIMONE IN THE

AFFIRMATIVE.

MS. GONZ�LEZ-ROJAS TO EXPLAIN HER VOTE.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

NYS ASSEMBLY JUNE 10, 2023

TODAY, I THINK OF MY NEIGHBORS. AT TEN YEARS OLD THEIR CHILD SHARED

THAT THEY NO LONGER IDENTIFY WITH THE GENDER ASSIGNED TO THEM AT BIRTH.

UNDERSTANDABLY, THE PARENTS WERE CONCERNED AND CONFUSED AS TO WHAT

TO DO NEXT, AND MOST IMPORTANTLY THEY WERE FRIGHTENED FOR THE SAFETY

AND WELL-BEING OF THEIR TRANSGENDER CHILD IN A COUNTRY THAT TARGETS TRANS

PEOPLE WITH HATRED, WITH DISCRIMINATION AND WITH PHYSICAL DANGER.

LUCKILY THAT CHILD HAS LOVING AND CARING PARENTS WHO HAVE BEEN

SUPPORTIVE OF THEM EVERY STEP OF THE WAY. THIS IS AT A TIME WHERE OUR

LEGISLATURES ACROSS THE COUNTRY ARE INTRODUCING AND PASSING HUNDREDS

OF BILLS THAT STRIP AWAY THE RIGHTS OF LGBTQ PEOPLE, AND PARTICULARLY

TRANS PEOPLE AND THEIR FAMILIES.

AT THIS TIME, IT IS IMPERATIVE THAT WE CAN DO

EVERYTHING THAT WE CAN HERE IN NEW YORK STATE TO PROTECT AND UPLIFT

OUR LGBTQ FAMILY, NEIGHBORS AND LOVED ONE. AS WE CELEBRATE PRIDE

THIS MONTH, I FEEL DEEP PRIDE IN REPRESENTING A STATE THAT IS ROOTED IN

LOVE AND CARE. I COMMEND THE SPONSOR FOR HIS RELENTLESS SUPPORT OF

LGBTQ NEW YORKERS AND WITH THE SAFE HAVEN BILL, WE EXTEND THAT

LOVE AND CARE TO LGBTQ YOUNG PEOPLE AND FAMILIES ACROSS THE

COUNTRY. I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

IN THE AFFIRMATIVE.

MR. BRONSON TO EXPLAIN HIS VOTE.

MR. BRONSON: STATES ARE PROPOSING AND ENACTING

HUNDREDS OF HATEFUL LAWS TO PUNISH THOSE SEEKING GENDER-AFFIRMING

CARE FOR THEMSELVES, FOR THEIR CHILDREN, AS WELL AS THOSE PROFESSIONALS

NYS ASSEMBLY JUNE 10, 2023

WHO PROVIDE THE CARE. NEW YORK WILL NOT PARTICIPATE IN THIS HATE. WE

WILL INSTEAD SUPPORT AND PROTECT PEOPLE TO LIVE THEIR AUTHENTIC SELVES.

THIS BILL WILL MAKE NEW YORK A SAFE HAVEN FOR TRANSGENDER,

GENDER-NONCONFORMING, NONBINARY AND INTERSEX INDIVIDUALS, THEIR

FAMILIES AND THEIR HEALTH CARE PROVIDERS WHO ARE CURRENTLY UNDER ATTACK

THROUGHOUT THIS NATION. WE ARE A STATE THAT RESPECTS THE DIGNITY OF

EVERY PERSON. WE ARE A STATE WHO HONORS THE HUMAN RIGHTS OF EVERY

PERSON. WE ARE A STATE WHO SEES PEOPLE WHO THEY ARE AND LOVES THEM

FOR WHO THEY ARE. WE ARE A STATE THAT WILL PROMOTE THEIR ABILITY TO LIVE

THEIR AUTHENTIC SELVES. MR. SPEAKER, IT'S MY HONOR TO VOTE IN FAVOR OF

THE TRANS SAFE HAVEN BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. BRONSON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD NOW TAKE OUR ATTENTION TO RULES REPORT NO. 789

BY MS. WALKER.

ACTING SPEAKER AUBRY: PAGE 20, RULES

REPORT NO. 789, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00350, RULES REPORT NO.

789, SENATOR JACKSON (WALKER--A05874). AN ACT TO AMEND THE

NYS ASSEMBLY JUNE 10, 2023

ELECTION LAW, IN RELATION TO LEGAL CHALLENGES TO THE CONSTITUTIONALITY OF

PROVISIONS OF SUCH LAW.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WALKER.

MS. WALKER: THANK YOU, MR. SPEAKER. THIS BILL

REQUIRES CHALLENGES TO THE CONSTITUTIONALITY OF PROVISIONS OF THE

ELECTION LAW BE BROUGHT TO SPECIFIC VENUES PROVIDED AT LEAST ONE --

PROVIDED AT LEAST ONE OF THE PLAINTIFFS IS LOCATED THERE. THE VENUES ARE

AS FOLLOWS: FOR THE 1ST JUDICIAL DEPARTMENT, NEW YORK COUNTY; FOR

THE 2ND JUDICIAL DEPARTMENT, WESTCHESTER COUNTY; FOR THE 3RD JUDICIAL

DEPARTMENT, ALBANY COUNTY; AND FOR THE 4TH JUDICIAL DEPARTMENT, ERIE

COUNTY.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: WILL THE SPONSOR YIELD FOR SOME

QUESTIONS?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: YES, I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALKER YIELDS.

MR. NORRIS: GOOD MORNING, MADAM CHAIRWOMAN.

I HAVE A COUPLE QUESTIONS.

MS. WALKER: GOOD MORNING, MR. NORRIS. LONG

TIME NO SEE.

MR. NORRIS: I KNOW. IT'S BEEN A BUSY TIME FOR THE

ELECTION LAW ISSUES. I HAVE ONE QUESTION. WHY DID YOU CHOOSE FOUR

NYS ASSEMBLY JUNE 10, 2023

COUNTIES OUT OF 62 TO ALLOW THESE CHALLENGES ONLY?

MS. WALKER: WELL, THIS BILL SEEKS TO LIMIT FORUM

SHOPPING. IN ADDITION, SETTING THE VENUE FOR THIS CLASS IN SPECIALIZED

CASES WILL PERMIT THE COURTS IN THOSE COUNTIES TO DEVELOP AN EXPERTISE

IN QUESTIONS OF ELECTION LAW CONSTITUTIONALITY AND WHICH WOULD

CONTRIBUTE TO A MORE UNIFIED BODY OF LAW, OF APPELLATE LAW, TO FOSTER

UNIFORMITY IN CONSTITUTIONAL INTERPRETATION AT THE TRIAL LEVEL.

MR. NORRIS: FORUM SHOPPING. SO TYPICALLY A

PLAINTIFF, WHEN THEY WANT TO SUE, WILL MAKE A DETERMINATION TO DECIDE

WHERE THEY WANT TO BRING A LAWSUIT SO LONG AS IT'S PERMITTED. SO I FIND

IT IRONIC THAT THIS LEGISLATURE, AT LEAST THE MAJORITY, IS DOING ITS OWN

FORUM SHOPPING IN ONLY PICKING 4 OUT OF 62 COUNTIES IN THE STATE OF

NEW YORK WHERE YOU CAN BRING THESE TYPES OF MATTERS. SO WHY IS THE

MAJORITY THEMSELVES FORUM SHOPPING AND DECIDING WHICH FOUR

COUNTIES OUT OF THE 62 TO BRING THESE CHALLENGES?

MS. WALKER: WELL, AGAIN, MR. NORRIS, IN ORDER TO

FOSTER UNIFORMITY AND CONSTITUTIONAL INTERPRETATION, AS WELL AS TO

DEVELOP AN EXPERTISE AND QUESTIONS OF ELECTION LAW CONSTITUTIONALITY

AT THE APPELLATE LAW LEVEL.

MR. NORRIS: OKAY. WELL, I THINK WE'VE FIGURED

THAT PART OUT ABOUT THE FORUM SHOPPING. THE -- THE NEXT QUESTION IS, IS

DOES THE SUPREME COURT HAVE ORIGINAL JURISDICTION UNDER OUR

CONSTITUTION IN LAW AND EQUITY SO THE SUPREME COURT JUSTICES CAN ACT

UPON THE CONSTITUTIONAL QUESTIONS OF THE -- OF THE CONSTITUTION?

MS. WALKER: THE SUPREME COURT STILL HAS THE

NYS ASSEMBLY JUNE 10, 2023

ORIGINAL JURISDICTION OVER THIS PARTICULAR LEGAL AREA.

MR. NORRIS: YES, THAT'S WHAT I THOUGHT. IN THE

CONSTITUTION, THE SUPREME COURT JUSTICES ACTUALLY HAVE, UNDER OUR

CONSTITUTION, ORIGINAL JURISDICTION AT THE TRIAL LEVEL. THERE ARE COURT OF

APPEALS OF COURSE, AND SOMETIMES THERE'S CONFUSION WHEN YOU LOOK AT

OTHER STATES, THE SUPREME COURT IS THE HIGHEST COURT, (INAUDIBLE) COURT

OF APPEALS IS, AS YOU KNOW, BEING AN ATTORNEY. BUT AT THE TRIAL COURT

LEVEL, THE SUPREME COURT JUSTICES ARE, THAT'S THE ORIGINAL APPOINT OF

JURISDICTION WHICH IS FOUNDED IN OUR STATE CONSTITUTION TO ALLOW TO HEAR

THESE TYPES OF MATTERS. NOW, PRACTICALLY, I JUST WANT TO POINT OUT...

MS. WALKER: DID YOU ASK A QUESTION?

MR. NORRIS: NO. I JUST WANT TO MAKE SURE THERE

WAS A RESPONSE OR SOMETHING. NO? OKAY. I WANT TO POINT OUT, LIKE IN

THE APPELLATE DIVISION, I LIVE IN THE 4TH APPELLATE DIVISION, WHICH

GOES ALL THE WAY FROM JEFFERSON COUNTY, TAKES IN 22 COUNTIES ALL THE

WAY DOWN TO JAMESTOWN, ERIE COUNTY, BUFFALO AREA. SO IF YOU'RE A

PLAINTIFF AND YOU WANT TO BRING A CONSTITUTIONAL QUESTION UNDER THE

ELECTION LAW AND YOU LIVE IN JEFFERSON COUNTY, YOU HAVE TO DRIVE

THREE HOURS TO ERIE COUNTY AND BUFFALO TO HEAR THIS CASE?

MS. WALKER: WELL, BY SELECTING POPULOUS

COUNTIES WITHIN EACH APPELLATE DISTRICT, THIS LEGISLATION SEEKS TO PLACE

THE APPROPRIATE FORUMS FOR CONSTITUTIONAL ELECTION LAW CHALLENGES,

(INAUDIBLE) MAY BE CONVENIENT FOR RESIDENTS OF THAT APPELLATE DISTRICT.

MR. NORRIS: THE APPROPRIATE FORUM. SO ARE YOU

TELLING ME THAT A SUPREME COURT JUSTICE WHO'S ELECTED AND MAY SERVE

NYS ASSEMBLY JUNE 10, 2023

IN THE OTHER 58 COUNTIES IN THE STATE OF NEW YORK ARE NOT QUALIFIED TO

HANDLE THE CONSTITUTIONAL QUESTIONS THAT ARE COMING BEFORE THEM?

MS. WALKER: WELL, I DO NOT BELIEVE THAT THE BILL

MAKES ANY ASSERTIONS ABOUT THE QUALIFICATIONS OF ANY PARTICULAR JUDGE

IN ANY PARTICULAR LOCATION, EXCEPT TO SAY THAT WE BELIEVE IT IS IMPORTANT

TO SET VENUE FOR SPECIALIZED CLASSES OF CASES AND CERTAIN COURTS IN

CERTAIN COUNTIES SO THAT WE CAN HAVE A CERTAIN LEVEL OF EXPERTISE IN THIS

VERY IMPORTANT AREA OF LAW.

MR. NORRIS: OKAY. SO I JUST WANT TO MAKE SURE I

UNDERSTAND. SO I HEAR A LOT FROM THE OTHER SIDE OF THE AISLE THAT WE

HAVE TO HAVE FAIRNESS, WE HAVE TO HAVE ACCESS TO THE COURTS; ACTUALLY, I

AGREE WITH THAT, WE SHOULD HAVE ACCESS TO OUR COURTS, IT SHOULD BE

AVAILABLE TO THE PLAINTIFFS, AND THAT'S OFTENTIMES WHY INDIVIDUALS GO TO

THEIR LOCAL COURTHOUSE AND THEY FILE PROCEEDINGS. AND SO IF SOMEONE

HAS THE CONSTITUTIONAL QUESTION ABOUT THE ELECTION LAW AND THEY WANT

TO FILE A PRO SE PROCEEDING AND THEY LIVE IN JEFFERSON COUNTY, THEY HAVE

TO DRIVE THREE HOURS TO THAT COURTHOUSE TO HEAR IT?

(PAUSE)

MS. WALKER: I'M SORRY. WHAT WAS YOUR QUESTION?

MR. NORRIS: MY QUESTION IS, IS THAT IF A PRO SE

PLAINTIFF WHO LIVES IN JEFFERSON COUNTY IN THE 4TH APPELLATE DIVISION,

DO THEY HAVE TO DRIVE ALL THE WAY TO BUFFALO IN ERIE COUNTY TO HAVE

THIS QUESTION HEARD BEFORE A SUPREME COURT JUSTICE IN ERIE COUNTY

WHICH, BY THE WAY, THEY DIDN'T VOTE FOR BECAUSE THEY'RE IN A DIFFERENT

JUDICIAL DISTRICT.

NYS ASSEMBLY JUNE 10, 2023

MS. WALKER: YES.

MR. NORRIS: AND I HEAR SO MUCH ON THE OTHER SIDE

ABOUT OPENNESS AND TRANSPARENCY AND FAIRNESS AND ACCESS, I FIND THAT TO

BE JUST IN CONTRAVENTION THAT WE'RE MAKING SOMEONE DRIVE THREE HOURS

TO A COURTHOUSE BECAUSE THE MAJORITY IS DECIDING WHICH FOUR COUNTIES

IN THE STATE OF NEW YORK OUT OF 62 THAT THESE ITEMS WILL BE HEARD. YOU

TALK ABOUT FORUM SHOPPING. THIS BODY IS FORUM SHOPPING BY

RESTRICTING THEM TO THOSE FOUR COUNTIES ONLY. AND I HAVE A REAL

PROBLEM WITH THAT BECAUSE THE SUPREME COURT HAS ORIGINAL JURISDICTION

UNDER OUR CONSTITUTION AND THEY SHOULD BE ABLE TO HEAR THOSE CASES IN

ALL 62 COUNTIES IN THE STATE OF NEW YORK IF THEY ARE SEATED, THERE'S A

SUPREME COURT JUSTICE.

NOW, I DO HAVE ANOTHER QUESTION BECAUSE WE DEBATED

A BILL YESTERDAY ABOUT EARLY MAIL VOTING, AND I DON'T THINK WE DEBATED

IT, BUT ONE OF OUR COLLEAGUES DID. SO IF -- I WANT TO JUST RAISE THIS POINT.

SO IF THIS -- I'M JUST GOING TO SAY IN JEFFERSON COUNTY, FOR EXAMPLE,

WHICH IS THREE HOURS AWAY FROM BUFFALO, NEW YORK, SOMEONE WANTS TO

CHALLENGE THE CONSTITUTIONALITY NOW OF THIS EARLY MAIL VOTING ACT, WHICH

I'M SURE SOMEONE'S GOING TO FILE ON, THEY HAVE TO DRIVE THREE HOURS TO

DO THAT?

MS. WALKER: WHERE -- WHICH COUNTY DO THEY --

MR. NORRIS: JEFFERSON COUNTY, WITH THE 4TH

DEPARTMENT, WOULD HAVE TO DRIVE TO BUFFALO THREE HOURS AWAY.

MS. WALKER: I FEEL LIKE THIS IS GROUNDHOG'S DAY.

(LAUGHTER)

NYS ASSEMBLY JUNE 10, 2023

MR. NORRIS: IF THEY CHALLENGE THE CONSTITUTIONALITY

MS. WALKER: IF THEY LIVE IN JEFFERSON COUNTY --

MR. NORRIS: YEAH.

MS. WALKER: -- WHICH IS IN THE 4TH JUDICIAL

DEPARTMENT --

MR. NORRIS: YUP, I UNDERSTAND THAT.

MS. WALKER: -- THEY WILL BE REQUIRED TO GO TO ERIE

COUNTY.

MR. NORRIS: I SEE. I JUST FIND THAT TO BE SO UNFAIR,

PARTICULARLY AFTER WE JUST HAD THIS WHOLE DEBATE ABOUT ACCESS TO THE

VOTING BOOTH, I THINK VOTING BOOTH, BUT -- BUT EVEN ON THE MAIL BALLOTS

AND, YET, WE'RE LETTING THESE PEOPLE HAVE TO DRIVE THREE HOURS FOR THEIR

SITUATION. NOW, I JUST THINK I'LL GO ON THE BILL.

MS. WALKER: THANK YOU.

MR. NORRIS: THANK YOU VERY MUCH FOR ANSWERING

MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

NORRIS.

MR. NORRIS: THIS -- THIS BILL, YOU TALK ABOUT FORUM

SHOPPING. AND THE PLAINTIFFS HAVE AN OPPORTUNITY TO FILE WHERE THEY

WOULD LIKE TO FILE FOR THAT CASE TO BE HEARD. AND THEN THERE'S A SERIES OF

COURTS ABOVE THAT COURT, THE APPELLATE DIVISION AND THEN THE COURT OF

APPEALS. THERE ARE LAYERS ABOVE THE TRIAL COURT. BUT IF YOU TALK ABOUT

NYS ASSEMBLY JUNE 10, 2023

FORUM SHOPPING, YOU ARE RESTRICTED, UNDER THIS BILL, CONSTITUTIONAL

QUESTIONS UNDER THE ELECTION LAW TO ONLY 4 COUNTIES OUT OF 62 IN THE

STATE OF NEW YORK. AND I JUST FIND THAT TO BE SO IRONIC THAT THE

MAJORITIES IN BOTH THE SENATE AND THE ASSEMBLY, BECAUSE I SEE THAT

PASSED THERE, ARE ACTUALLY FORUM SHOPPING THEMSELVES. AND I THINK

ONE OF MY COLLEAGUES MIGHT HAVE SOME REASONING TO THAT POSSIBILITY,

AND I'LL LET HIM SPEAK ABOUT THAT. I JUST FIND IT VERY IRONIC THAT WE SPEAK

ABOUT OPENNESS AND TRANSPARENCY AND ACCESS TO THE COURTS, GIVING

EVERYONE THEIR FAIR SHAKE AND OPPORTUNITY TO BE HEARD IN THE COURT AND,

YET, WE ARE ACTUALLY RESTRICTING ACCESS IN OUR COURTS TO LEGITIMATE

PLAINTIFFS WHO WANT TO BRING ACTIONS, WHO WANT TO QUESTION THE

CONSTITUTIONALITY AND HAVE A RIGHT, A CONSTITUTIONAL RIGHT FOR THOSE

QUESTIONS TO BE HEARD. I ALSO UNDERSTAND IT'S 1:45 A.M. AND, THEREFORE, I

WILL NOT SAY ANYTHING MORE ON THIS AND JUST LET YOU KNOW, MR. SPEAKER,

THAT I OPPOSE THIS BILL ADAMANTLY. I ENCOURAGE MY COLLEAGUES TO DO THE

SAME, AND I THANK THE SPONSOR FOR ANSWERING MY QUESTIONS. THANK YOU

VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SMULLEN.

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

MEMBER FROM ASSEMBLY DISTRICT 55 YIELD FOR QUESTIONS?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: NOW, IS THIS MY PRESENT DISTRICT OR IS

IT MY --

NYS ASSEMBLY JUNE 10, 2023

(LAUGHTER)

-- WHICH 55 ARE YOU REFERRING TO, SIR?

(LAUGHTER)

YES.

MR. SMULLEN: THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. WALKER YIELDS,

SIR.

MR. SMULLEN: SO HERE WE ARE AT QUARTER TIL TWO IN

THE MORNING ON THE LAST DAY OF SESSION, IN THEORY, TALKING ABOUT ONE OF

THE MOST MOMENTOUS BILLS THAT -- YOU KNOW, I THINK THIS BILL SETS FORTH

DESIGNATED JUDICIAL VENUES FOR CONSTITUTIONAL CHALLENGES TO ARTICLE 16

OF THE ELECTION LAW. IS THAT A CORRECT ASSESSMENT OF WHAT WE'RE TALKING

ABOUT TONIGHT?

MS. WALKER: YES.

MR. SMULLEN: I JUST WANTED TO ASK YOU RIGHT UP

FRONT, WHY DID YOU CHOOSE JUDICIAL DEPARTMENTS INSTEAD OF JUDICIAL

DISTRICTS AS THE ORGANIZATIONAL RUBRIC AS TO WHAT -- WHERE THESE FORUMS

WOULD BE LOCATED?

MS. WALKER: SURE. JUDICIAL DEPARTMENTS CAN BE

LARGE AND COVER MANY COUNTIES, AND SO THAT WAS A PART OF THE CONCERN

OR CONSIDERATION IN MAKING THOSE DECISIONS.

MR. SMULLEN: DID IT HAVE ANYTHING TO DO WITH THE

COLOCATION OF APPELLATE COURTS AT THOSE DEPARTMENTS? THAT'S WHAT

THEY'RE PRIMARILY ORGANIZED AS.

MS. WALKER: WELL, IT'S -- WELL, THEY ARE -- I MEAN,

NYS ASSEMBLY JUNE 10, 2023

I FEEL LIKE WE'RE SORT OF SAYING THE SAME THING, JUDICIAL DEPARTMENTS

WITH APPELLATE COURTS WITHIN THE JUDICIAL DEPARTMENT.

MR. SMULLEN: WELL, I GUESS REALLY WHAT I'M

GETTING TO IS, I THINK IT JUST SO HAPPENS IN LOOKING THROUGH THE

BIOGRAPHIES OF THE JUDGES IN THOSE DEPARTMENTS THAT THOSE MANDATED

FORUMS ARE THE MOST DEMOCRATIC CONTROLLED PORTIONS OF EACH

DEPARTMENT; ISN'T THAT TRUE?

MS. WALKER: THAT IS NOT INFORMATION THAT I AM

AWARE OF, SO I WILL SAY THAT I DENY KNOWLEDGE OR INFORMATION STRONG

ENOUGH TO MAKE A JUDGMENT CALL AS TO YOUR QUESTION.

MR. SMULLEN: WELL, I CERTAINLY KNOW. THE 1ST

DEPARTMENT IN MANHATTAN; 2ND DEPARTMENT IN WESTCHESTER; 3RD

DEPARTMENT, ALBANY; 4TH DEPARTMENT IN ERIE COUNTY, BUFFALO, THOSE

ARE ALL DEMOCRAT STRONGHOLDS BY DEMOGRAPHICS, CORRECT?

MS. WALKER: AGAIN, IT'S NOT -- IT WAS NOT A PART OF

MY ASSESSMENT IN -- IN THE CREATION OF THIS PARTICULAR BILL AND SO I WILL

ALSO SUBMIT THAT NOTWITHSTANDING WHETHER YOU ARE A -- WHATEVER PARTY

YOU BELONG TO, YOU'RE STILL UNDER THE SAME REQUIREMENTS TO HAVE TO GO

TO THESE PARTICULAR COURTS.

MR. SMULLEN: I SEE. SO WAS THIS BILL INTRODUCED

IN RESPONSE TO ANY SPECIFIC COURT CASE?

MS. WALKER: NO, IT WAS NOT.

MR. SMULLEN: SO YOU'RE SAYING NO, IT WAS NOT, BUT

ARE YOU AWARE OF THE MATTER OF AMEDURE V. THE STATE OF NEW YORK IN

SARATOGA COUNTY IN 2021?

NYS ASSEMBLY JUNE 10, 2023

MS. WALKER: NO, I AM NOT. MAYBE YOU COULD

HELP REFRESH MY RECOLLECTION.

MR. SMULLEN: WELL, SO IN THE SENATE DEBATE, ARE

YOU AWARE THAT THE SENATE SPONSOR STATED THAT THE MATTER OF AMEDURE V.

THE STATE OF NEW YORK, IS QUOTE, "WHAT BROUGHT ABOUT THIS BILL,"

UNQUOTE.

MS. WALKER: I DID NOT PARTICIPATE IN THE SENATE

DEBATE BUT PERHAPS YOU CAN TELL US A LITTLE BIT ABOUT WHAT THE SENATE

SPONSOR SAID FURTHER, BUT UNFORTUNATELY I AM NOT AWARE OF THAT.

MR. SMULLEN: I SEE. WELL, ARE YOU AWARE THAT I

WAS A PLAINTIFF IN THIS CASE?

MS. WALKER: I AM NOT AWARE THAT YOU WERE A

PLAINTIFF IN THIS CASE OR ANY CASE.

MR. SMULLEN: WELL, I ACTUALLY KNOW THIS CASE

QUITE WELL BECAUSE I WAS A PLAINTIFF IN THE CASE. SO NOW WE'RE TALKING

ABOUT MY CASE.

MS. WALKER: WE ARE NOT TALKING ABOUT YOUR CASE.

WE ARE TALKING ABOUT BILL NO. A05874.

MR. SMULLEN: WELL, WE MOST CERTAINLY ARE,

BECAUSE THE SENATE SPONSOR SAID, QUOTE, "WHAT BROUGHT ABOUT THIS BILL

WAS THE CASE OF AMEDURE V. THE STATE OF NEW YORK."

MS. WALKER: I BELIEVE --

MR. SMULLEN: IT'S HIS BILL AS WELL AS IT IS YOUR BILL.

MS. WALKER: MR. SMULLEN, I BELIEVE THAT IF YOU

WOULD LIKE TO DEBATE THE SENATE SPONSOR FOR WHAT HE SAID, THERE IS AN

NYS ASSEMBLY JUNE 10, 2023

APPROPRIATE FORUM FOR THAT AS WELL, SIR.

MR. SMULLEN: WELL, THANK YOU. SO IN RESPONSE TO

MY CASE, THIS BILL CREATES A NEW PROVISION UNDER ARTICLE 16 OF THE

ELECTION LAW, CORRECT?

MS. WALKER: THAT IS INCORRECT.

MR. SMULLEN: SO THIS BILL CREATES, LET ME

REPHRASE, THIS BILL CREATES A NEW PROVISION UNDER ARTICLE 16 OF THE

ELECTION LAW; IS THAT CORRECT?

MS. WALKER: THAT IS CORRECT, SIR.

MR. SMULLEN: AND YOUR SPONSOR'S MEMO ARGUES

THAT THIS BILL IS DESIGNED QUOTE, "TO PREVENT THE FORUM SHOPPING" AND,

QUOTE, "REDUCE THE PARTISAN GAMESMANSHIP;" IS THAT ALSO CORRECT?

THAT'S IN YOUR SPONSOR'S MEMO.

MS. WALKER: THAT IS CORRECT.

MR. SMULLEN: OKAY. SO I GUESS I WOULD CONTEND

THAT THIS BILL ACTUALLY INCREASES THE POLITICAL GAMESMANSHIP AS WE'RE

PLAYING HERE TONIGHT BY PUTTING PARTISAN FORUM SHOPPING ACTUALLY IN THE

ELECTION LAW STATUTE. AND AS FAR AS THE CONSTITUTIONALITY OF THIS

LEGISLATION, IF IT'S SIGNED INTO LAW, IT CAN ONLY BE CHALLENGED IN

DEMOCRATIC CONTROLLED COURTS; ISN'T THAT TRUE?

MS. WALKER: AGAIN, I WILL SAY THAT I DON'T HAVE

THE INFORMATION THAT WOULD BE SUFFICIENT ENOUGH TO COME TO AN ANSWER

FOR THAT. I HAVE NOT TAKEN A LOOK AT THE DEMOGRAPHICS OF ANY PARTICULAR

JUDICIAL DEPARTMENTS OR COUNTIES, ESPECIALLY NOT THAT OF SARATOGA

COUNTY; HOWEVER, I DO LIVE ON SARATOGA AVENUE AND I CAN MAYBE TELL

NYS ASSEMBLY JUNE 10, 2023

YOU A LITTLE BIT ABOUT THE DEMOGRAPHICS OF SARATOGA AVENUE AND I WILL

PROBABLY VENTURE OFF TO SAY THAT THERE ARE A LOT OF DEMOCRATS THAT LIVE

ON SARATOGA AVENUE.

MR. SMULLEN: WELL, AS FAR AS YOUR ACCUSATION

ABOUT FORUM SHOPPING IN SARATOGA, THE NEAREST SUPREME COURT TO MY

HOME IS SARATOGA, SARATOGA COUNTY, WHERE ITS COURT IS. SO WOULDN'T IT

BE LOGICAL THAT I WOULD GO TO THE NEAREST COURT IN ORDER TO FILE THIS SUIT,

THAT HAD A SITTING SUPREME COURT JUSTICE?

MS. WALKER: WELL, IN THIS PARTICULAR SET OF

CIRCUMSTANCES, WHICH JUDICIAL DEPARTMENT WOULD THAT BE IN, THE 3RD?

MR. SMULLEN: I LIVE IN THE 4TH JUDICIAL DISTRICT;

DISTRICT, NOT DEPARTMENT.

MS. WALKER: OKAY, BUT WHICH JUDICIAL

DEPARTMENT DO YOU LIVE IN, SIR?

MR. SMULLEN: I'M SORRY, I CAN'T --

MS. WALKER: WHICH JUDICIAL DEPARTMENT DO YOU

LIVE IN?

MR. SMULLEN: ONE MOMENT, PLEASE.

MS. WALKER: WOULD IT BE THE 3RD?

MR. SMULLEN: I'M PULLING IT UP.

(PAUSE)

YES, IT WOULD. IT WOULD BE THE 3RD JUDICIAL

DEPARTMENT.

MS. WALKER: SO THAT WOULD REQUIRE YOU TO HAVE TO

COME TO ALBANY COUNTY. IS THAT A PARTICULAR HARDSHIP FOR YOU?

NYS ASSEMBLY JUNE 10, 2023

MR. SMULLEN: WELL, IT IS BECAUSE ALBANY COUNTY

HAS ALL DEMOCRAT JUDGES.

MS. WALKER: WELL, I CAN'T SPEAK TO THE PARTISAN

MAKEUP OF THE ALBANY COUNTY APPELLATE COURT; HOWEVER, PART OF THE

CONVERSATION THAT WE WERE HAVING HERE WAS ABOUT THE DISTANCE THAT ONE

WOULD HAVE TO GO THROUGH IN ORDER TO COME TO THE PARTICULAR COURT

WHERE JURISDICTION HAS BEEN SET. AND SO IN THAT REGARD, I BELIEVE THAT,

YOU KNOW, ALBANY COUNTY, FOR A 3RD JUDICIAL DEPARTMENT CASE, BASED

ON THE PLAINTIFF WHO LIVES IN SARATOGA COUNTY, SUCH AS YOURSELF, SIR,

WOULD NOT HAVE TO GO THROUGH ANY UNDUE HARDSHIP OR BURDEN IN ORDER

TO COME TO ALBANY.

MR. SMULLEN: WELL, I THINK IT WOULD BE MOST

LOGICAL TO GO TO THE NEAREST SUPREME COURT JUSTICE. AND IN FACT, THAT

WOULD THEN EITHER BE IN SARATOGA COUNTY OR IN HERKIMER COUNTY.

WOULDN'T THAT BE MOST LOGICAL AND CONVENIENT? ANYWAY...

MS. WALKER: IT ALL DEPENDS ON WHAT, YOU KNOW,

YOUR -- WHAT -- HOW DO YOU DEFINE LOGICAL AND/OR CONVENIENT.

MR. SMULLEN: SO --

MS. WALKER: I THINK THAT AS WE ARE TALKING ABOUT

EFFICIENCY, CREDITABILITY, INTEGRITY, UNIFORMITY, THAT IT IS IMPORTANT TO

HAVE A COURT THAT IS APPROPRIATELY PREPARED IN THE EXPERTISE OF

QUESTIONS ON ELECTION LAW CONSTITUTIONALITY. AND FOR THAT REASON,

THOSE WERE THE DECISIONS THAT WERE MADE WITH RESPECT TO THIS BILL.

MR. SMULLEN: SO YOU HAVE NO CONCERN ABOUT

PRECLUDING VOTERS AND TAXPAYERS FROM BRINGING A LAWSUIT IN 58 OTHER

NYS ASSEMBLY JUNE 10, 2023

COUNTIES AROUND NEW YORK STATE.

MS. WALKER: I'M SORRY. REPEAT YOUR QUESTION.

MR. SMULLEN: SO, THEREFORE, JUST FROM YOUR --

FROM YOUR COMMENTS, YOU INDICATE THAT YOU HAVE NO CONCERN ABOUT

PRECLUDING VOTERS AND TAXPAYERS FROM BRINGING A LAWSUIT IN THE 58

OTHER COUNTIES OF NEW YORK STATE.

MS. WALKER: I DO NOT BELIEVE THAT THOSE WERE MY

WORDS, SIR.

MR. SMULLEN: OKAY. WELL --

MS. WALKER: YOU KNOW --

MR. SMULLEN: -- THANK YOU VERY MUCH.

MS. WALKER: -- MY MOM TELLS ME THAT STRAIGHT TALK

LEADS TO STRAIGHT UNDERSTANDING.

MR. SMULLEN: THANK -- THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: I'M GOING TO SAY THAT THIS BILL IS

POLITICAL GAMESMANSHIP AT ITS WORST. WE IDENTIFY AN UNCONSTITUTIONAL

LAW, CHALLENGED IT IN SUPREME COURT AND WON. I CAN'T HELP BUT TAKE

ISSUE WITH THE FACT THAT WHEN MY COLLEAGUES ON THE OTHER SIDE OF THE

AISLE DON'T LIKE THE RESULTS, THEY CHANGE THE LAW. WHEN THEY LOSE THE

GAME, THEY TAKE OUR BALL AND GO HOME. ON DEBATE THE SENATE SPONSOR

CALLED OUR CONSTITUTIONAL CHALLENGE QUOTE, "FRIVOLOUS", UNQUOTE. THIS

IS A MISSED STATEMENT OF LAW AND FACT AND NEEDS TO BE CORRECTED. I'D

LIKE TO SET THE RECORD STRAIGHT AS TO WHAT HOLDING OF THE COURT WAS IN

NYS ASSEMBLY JUNE 10, 2023

THAT CASE BECAUSE WE WON ON THE MERITS. THE SARATOGA COUNTY

SUPREME COURT GRANTED THE MOTION DECLARING CHAPTER 763 OF THE LAWS

OF 2021 UNCONSTITUTIONAL BECAUSE THEY DIDN'T PART BUT (INAUDIBLE)

JUDICIAL REVIEW OF CONTESTED BALLOTS AND RELATED IMPOUND ORDERS

GOVERNED BY ARTICLE 16 OF THE ELECTION LAW. THE COURT FURTHER FOUND

ELECTION LAW 8400 UNCONSTITUTIONAL BECAUSE IT PERMITS ILLEGAL ABSENTEE

VOTING FOR FEAR OF COVID EVEN THOUGH THE COVID STATE OF

EMERGENCY HAD EXPIRED. THE COURT FOUND THE LEGISLATURE EXCEEDED ITS

AUTHORITY UNDER THE STATE CONSTITUTION AND UNQUESTIONABLY VIOLATED THE

SPIRIT OF ABSENTEE VOTING. ALSO, THE APPELLATE DIVISION DID NOT REVERSE

THESE FINDINGS OF LAW. IT DISMISSED THE PETITION BECAUSE THE APPELLATE

COURT FOUND THAT IT WAS BROUGHT TOO CLOSE TO THE GENERAL ELECTION. THE

APPELLATE COURT JUST HAPPENS TO BE IN ALBANY WHERE THE SPONSOR NOW

WANTS ALL 3RD DEPARTMENT CASES TO BE HEARD. MAKE NO MISTAKE, THIS

BILL STRIPS THE ABILITY TO BRING CONSTITUTIONAL CHALLENGES. IT PREJUDICES

LITIGANTS IN 58 COUNTIES IN THE STATE WHILE FAVORING JUST FOUR COUNTIES

FOR A VERY SPECIFIC PARTISAN COUNTIES. IF A CITIZEN WANTS TO BRING A

CHALLENGE TO A PROVISION UNDER ARTICLE 16, THEY NOW NEED TO DRIVE

HOURS JUST TO ACCESS THE COURT. IT RESTRICTS THE ABILITY OF LOCAL SUPREME

COURTS TO YOUR CASES INVOLVING THE CONSTITUTIONALITY OF THE ELECTION

LAW. THIS IS A DEPRAVATION OF DUE PROCESS. IT CHANGES THE NEW YORK

STATE CONSTITUTION WITHOUT AMENDING THAT CONSTITUTION. I CALL ON MY

COLLEAGUES IN THIS HOUSE TO SEE THIS BILL FOR WHAT IT REALLY IS AND VOTE IN

THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

NYS ASSEMBLY JUNE 10, 2023

MR. FLOOD.

MR. FLOOD: WILL THE SPONSOR YIELD FOR JUST A FEW

QUICK QUESTIONS?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALKER YIELDS,

SIR.

MR. FLOOD: OKAY, MS. WALKER, YOU -- YOU JUST

SAID THAT THIS WAS DONE TO BRING, I BELIEVE YOUR WORDS WERE INTEGRITY

AND EFFICIENCY. CAN YOU GIVE ME A REASON WHY THE -- THE 2ND

DEPARTMENT IS NOW -- YOU'RE BRINGING (INAUDIBLE) TO IT'S WESTCHESTER I

BELIEVE?

MS. WALKER: WELL, THAT'S A GREAT QUESTION

ACTUALLY, MR. FLOOD, CONSIDERING I LIVE IN KINGS COUNTY AND THERE IS AN

APPELLATE COURT IN KINGS COUNTY. AND SO WE ARE OF THE BELIEF, I'M OF

THE BELIEF, THAT IT IS IMPORTANT FOR A COURT TO HAVE A PARTICULAR SKILL AND

A PARTICULAR EXPERTISE IN THIS AREA OF THE ELECTION -- OF ELECTION LAW

WITH RESPECT TO CONSTITUTIONALITY AND NOTWITHSTANDING THE DISTANCE EVEN

THAT I WOULD HAVE TO TAKE IN ORDER TO GET TO THE WESTCHESTER COUNTY

COURTS. IT IS MORE IMPORTANT TO THIS PARTICULAR BILL THAT WE FOSTER

UNIFORMITY AND CONSTITUTIONAL INTERPRETATIONS AT THE TRIAL LEVEL.

MR. FLOOD: WELL, IT'S FUNNY YOU SAID THAT BECAUSE

YOUR DRIVE WOULD BE SUBSTANTIALLY SHORTER THAN MY DRIVE WHICH IS OUT

ON THE NORTH SHORE OF SUFFOLK COUNTY WHICH IF I HAVE TO GO FILE AND

NYS ASSEMBLY JUNE 10, 2023

HAD A CASE IN THAT VENUE, I'M TALKING PROBABLY A FOUR HOUR AND 20

MINUTE DRIVE AT THAT TIME IN THE MORNING. WESTCHESTER SITS AT THE VERY

FAR EDGE OF THE DISTRICT. IT WOULD BE MORE CENTRALLY LOCATED IF IT WAS IN

THE BRONX OR IN QUEENS OR IN NASSAU COUNTY. SO INSTEAD, THOUGH, IT'S

PUT ALL THE WAY OUT AS FAR AS POSSIBLE ON THE FARTHEST NORTHWEST OR THE

NORTH WESTERN EDGE OF THAT SPECIFIC DISTRICT. IS THAT JUST A COINCIDENCE?

MS. WALKER: WHAT TIME WILL YOU BE TRAVELING?

MR. FLOOD: SO IF I HAD TO BE IN COURT AT 9:30 FROM

WHERE I AM, I PROBABLY WOULD HAVE TO LEAVE AROUND 5:30, BECAUSE IF

YOU EVER SAW THE LIE AT 6:00 IN THE MORNING, IT'S GOING TO TAKE ME

PROBABLY TWO HOURS JUST TO GET OUT TO NASSAU COUNTY. AND NOW FROM

7:30 I HAVE TO DRIVE THROUGH THE CITY UP THROUGH THE BRONX, ACROSS THE

LONG ISLAND EXPRESSWAY TO GET INTO WESTCHESTER. SO YES, IT'S PROBABLY

ABOUT A FOUR HOUR DRIVE, SIMILAR TO MY NORMAL DRIVE HERE ON A SUNDAY

NIGHT. AND SO I'M JUST WONDERING WHY THAT LOCATION WAS PICKED,

BECAUSE WE HAD ALL SORTS OF LOCATIONS. WHY THAT LOCATION?

MS. WALKER: WELL, THAT LOCATION WAS PICKED NOT

THINKING ABOUT HOW LONG IT WOULD TAKE YOU, MR. FLOOD, FROM DRIVING

FROM YOUR HOME TO WESTCHESTER COUNTY OR MY HOME TO WESTCHESTER

COUNTY AS WELL.

MR. FLOOD: BUT WHAT --

MS. WALKER: HOWEVER, IT WAS TAKEN INTO

CONSIDERATION AND TRIED TO FIND A LOCATION WHICH WOULD BE CENTRALLY

LOCATED --

MR. FLOOD: OKAY. BUT --

NYS ASSEMBLY JUNE 10, 2023

MS. WALKER: -- FOR ALL OF THE INDIVIDUALS --

(INAUDIBLE/CROSS-TALK)

MR. FLOOD: I'M SORRY. (INAUDIBLE/CROSS-TALK)

ESTABLISHED IT WASN'T CENTRALLY LOCATED. IT'S AS FAR AWAY AS POSSIBLE. IT'S

LITERALLY SITTING ON THE OUTER EDGE OF THE -- OF THE DEPARTMENT. LIKE IT'S

-- IT'S LITERALLY AS FAR AWAY AS YOU CAN ON THAT SIDE OF THE (INAUDIBLE) IT

ALSO HAPPENS TO BE UNFORTUNATELY, OF WHAT MY COLLEAGUE WAS SAYING,

MADE UP OF PREDOMINANTLY LIBERAL-MINDED FOLKS.

MS. WALKER: WELL, IT'S ALSO THE LOCATION WHERE

JUDICIAL GRIEVANCES FOR THE 2ND DEPARTMENT IS LOCATED. ARE YOU SAYING

THAT JUDICIAL GRIEVANCES SHOULDN'T BE HANDLED IN WESTCHESTER COUNTY AS

WELL? I MEAN IT'S --

MR. FLOOD: WELL, THAT'S -- THAT'S -- THAT'S IN A VERY

LIMITED CIRCUMSTANCE.

MS. WALKER: YEAH, BUT --

MR. FLOOD: THESE KIND -- THESE KIND OF CHALLENGES

HAPPEN IN EVERY ELECTION CYCLE.

MS. WALKER: OKAY. I UNDERSTAND THAT, BUT THE

QUESTIONS YOU ASKED ME WAS WHY WESTCHESTER COUNTY. AND AGAIN I

JUST GAVE YOU ANOTHER EXAMPLE OF PRECEDENCE WHICH SAID THAT FOR 2ND

DEPARTMENT CERTAIN CIRCUMSTANCES THAT WESTCHESTER COUNTY IS THE

LOCATION OF VENUE FOR WHICH IT'S CHOSEN.

MR. FLOOD: OKAY. I UNDERSTAND THAT, BUT YOU USE A

-- A -- WHEN -- WHEN -- YOU KNOW, WHEN WE BRING UP -- YOU KNOW, WE

BROUGHT UP SOME AMENDMENTS THIS MORNING TO, YOU KNOW, HOSTILE

NYS ASSEMBLY JUNE 10, 2023

AMENDMENTS TO ARTICLES AND YOU SAID THEY'RE NOT GERMANE TO THE ISSUE

AT HAND. WHERE OUR GRIEVANCE COMMITTEE SITS IS NOT GERMANE TO WHERE

WE CAN BRING ELECTION CHALLENGES TO OUR STATE CONSTITUTION.

MS. WALKER: NO, IT'S NOT.

MR. FLOOD: IT'S JUST ONE THAT HAS NOTHING TO DO WITH

THE OTHER.

MS. WALKER: NO, BUT FOR PURPOSES OF TALKING

ABOUT THE DISTANCE BETWEEN YOU HAVING TO DRIVE FROM LONG ISLAND TO

WESTCHESTER COUNTY, I AM JUST ADMITTING TO YOU THAT IT'S NOT WITHOUT

PRECEDENT FOR A PARTICULAR JURISDICTION TO BE CHOSEN FOR WESTCHESTER

COUNTY. QUITE FRANKLY, IT'S ALSO THE LOCATION WHERE THE JUDICIAL

INSTITUTE IS LOCATED AT MY BELOVED ALUMNI OF PACE LAW SCHOOL. SO A

JUDGE WHO LIVES IN LONG ISLAND HAS TO DRIVE TO WESTCHESTER COUNTY IN

ORDER TO GO TO THE JUDICIAL INSTITUTE. SO WE ARE --

MR. FLOOD: BUT WE --

MS. WALKER: AND SO --

(INAUDIBLE/CROSS-TALK)

MR. FLOOD: BUT IT IS UNPRECEDENTED IN TAKING AWAY

THESE TYPE OF VENUES AND LIMITING IT TO 4 OUT OF 62 COUNTIES. THAT IS

UNPRECEDENTED. AND IT IS UNPRECEDENTED THAT YOU'VE PUT THEM IN AREAS

THAT ARE ALL COINCIDENTALLY MADE UP OF DEMOCRATIC JUDGES. IF YOU WERE

TO PUT IT IN SUFFOLK COUNTY, WE HAVE A VERY MIXED -- YOU HAVE EQUAL

AMOUNTS REPUBLICANS AS YOU DO DEMOCRATS ON THE -- ON THE -- ON --

YOU KNOW, IN THE CHARGES -- BENCHES, SORRY, IT'S VERY LATE AND THIS IS

AGAIN, WE'RE TAKING THIS BILL UP AT 1:30 IN THE MORNING ON THE LAST DAY

NYS ASSEMBLY JUNE 10, 2023

OF SESSION SOMETHING THAT'S GOING TO TOTALLY FUNDAMENTALLY CHANGE THE

WAY ELECTION LAW IS TAKEN. SO I'M SORRY IF I'M GETTING A LITTLE ANGRY,

BUT YOUR ANSWERS RIGHT NOW ARE NOT SUFFICIENT.

SPEAKER, ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: TAKE A BREATH FIRST.

MR. FLOOD: I'M GOOD.

ACTING SPEAKER AUBRY: OKAY. ON THE BILL.

(INAUDIBLE/CROSS-TALK).

ON THE BILL.

MR. FLOOD: (INAUDIBLE) -- AS I CAN BE RIGHT NOW,

BECAUSE WE'VE SAT HERE THROUGH THE LAST TWO DAYS AND WATCHED AS THIS

BODY HAS TAKEN AWAY THE VOICE OF JUST ABOUT EVERY CONSERVATIVE IN THIS

STATE. WE LOST THE -- THE STATE. THIS -- THIS BODY LOST SOME LAWSUITS

LAST YEAR SO WHAT WE SAID IS EXACTLY WE'RE GOING TO TAKE YOUR BEST VOTE

AND WE'RE GOING TO GO HOME. THIS BODY TALKS ABOUT REPRESENTING

EVERYONE AND GIVING EQUAL VOICE TO EVERYONE, BUT RIGHT NOW OVER THE

LAST COUPLE DAYS WHAT WE HAVE DONE IS OUR BEST TO LIMIT ANYONE WITH A

REPUBLICAN CONSERVATIVE VOICE. WE DON'T THINK THIS IS TRUE? I CAN SEE

WHO IS SITTING THERE. IN THE LAST 40 YEARS OTHER THAN LOCAL BILLS, HOW

MANY BILLS HAVE BEEN GIVEN THE CHANCE OF BEING VOTED ON COMMITTEE?

I DON'T THINK THERE WAS A SINGLE ONE THIS YEAR. YOU WANT TO LIMIT OUR

VOICES. NOW WHAT WE'RE SAYING IS WE'RE IN THE COURT SYSTEM SO WE'RE

GOING TO DICTATE WHAT ANOTHER BODY OF GOVERNMENT CAN DO SO THAT WE

CAN KEEP OUR MAJORITY, OUR TOTAL CONTROL OVER THE STATE. THIS IS

DISGRACEFUL. THIS IS WHY PEOPLE HATE POLITICIANS. I AM VOTING NO. I

NYS ASSEMBLY JUNE 10, 2023

STRONGLY ENCOURAGE MY COLLEAGUES TO DO SO. IF THERE'S ANY SEMBLANCE

OF FAIR AND RIGHT IN THIS STATE, THESE TYPES OF LAWS SHOULD NOT EXIST.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. MCGOWAN.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: YES, MR. SPEAKER.

MR. MCGOWAN: THANK YOU, MS. WALKER. IT'S VERY

LATE OR EARLY SO I'LL BE AS BRIEF AS POSSIBLE. I JUST WANT TO FOLLOW UP ON

SOME OF THE RESPONSES THAT YOU GAVE TO MY COLLEAGUES JUST A FEW

MOMENTS AGO. ONE OF THE REASONS THAT YOU SAID AS A STATED PURPOSE TO

DO THIS IS TO CREATE AN EXPERTISE IN DEALING SPECIFICALLY WITH THESE

CONSTITUTIONAL ISSUES ARISING UNDER ARTICLE 16 OF THE ELECTION LAW,

CORRECT?

MS. WALKER: THAT IS CORRECT.

MR. MCGOWAN: SO MY COLLEAGUE WHO WAS JUST

SPEAKING WAS TALKING ABOUT THE 2ND JUDICIAL DEPARTMENT AND I'D LIKE TO

TALK ABOUT THE 2ND JUDICIAL DEPARTMENT BECAUSE THAT'S WHERE -- THAT'S

WHERE I LIVE IN ROCKLAND COUNTY. SO THE -- THE COURT, THE SUPREME

COURT WHERE ANY OF THESE CHALLENGES WOULD BE LITIGATED WOULD BE IN

WESTCHESTER COUNTY, CORRECT?

MS. WALKER: CORRECT.

MR. MCGOWAN: AND THAT WOULD BE THE CITY OF

NYS ASSEMBLY JUNE 10, 2023

WHITE PLAINS SUPREME COURT?

MS. WALKER: I BELIEVE SO.

MR. MCGOWAN: OKAY. AND THESE ARE CASES THAT

WOULD ORIGINATE IN THE SUPREME COURT, THE COURT OF ORIGINAL

JURISDICTION, CORRECT?

MS. WALKER: CORRECT.

MR. MCGOWAN: IS THE PLAN TO HAVE A SPECIFIC PART

WITH ONLY A LIMITED NUMBER OF JUDGES ASSIGNED TO HANDLE THESE CASES IN

ORDER TO DEVELOP WHAT YOU CALL THAT -- OR THE GOAL OF DEVELOPING AN

EXPERTISE IN THESE PARTICULAR AREAS?

MS. WALKER: I BELIEVE THE OFFICE OF COURT

ADMINISTRATION CAN DECIDE THE WAY THAT THIS PARTICULAR BILL WILL BE

IMPLEMENTED.

MR. MCGOWAN: OKAY. SO YOU WOULD AGREE WITH

ME THAT SUPREME COURT JUSTICES CAN HANDLE, YOU KNOW, ANY TYPE OF

CASES. CIVIL CASE, POTENTIALLY A CRIMINAL CASE AND WITHIN LET'S SAY THE

CIVIL CONTACTS, ALL SORTS OF MATTERS, BREACH OF CONTRACT, MATRIMONIAL

PERHAPS, PERSONAL INJURY. ALL THESE SUBJECT MATTERS ARE HANDLED

GENERALLY BY SUPREME COURT JUSTICES BY THE STATE OF NEW YORK,

CORRECT?

MS. WALKER: THAT WOULD BE CORRECT.

MR. MCGOWAN: OKAY. SO ARE WE JUST -- IS THE

GOAL TO ADD THIS AS ONE MORE THING THAT OUR SUPREME COURT JUSTICES

WITHIN LET'S SAY THE 2ND JUDICIAL DEPARTMENT WOULD BE HANDLING?

MS. WALKER: I DON'T BELIEVE IT WOULD BE ADDING

NYS ASSEMBLY JUNE 10, 2023

ANYTHING NEW. THIS PARTICULAR BILL, IT JUST INDICATES THAT FOR CASES THAT

INVOLVE CHALLENGES TO THE CONSTITUTIONALITY OF THE PROVISIONS OF THE

ELECTION LAW BE BROUGHT AS SPECIFIC VENUES.

MR. MCGOWAN: OKAY. SO RIGHT NOW IF SOMEONE

WERE TO CHALLENGE ARTICLE 16 OF THE ELECTION LAW, THEY COULD BRING THAT

IN ANY OF THE 62 COUNTIES IN THE STATE OF NEW YORK, CORRECT?

ASSUMING -- LET -- LET ME PREFACE THAT FURTHER -- ASSUMING THAT ALL OTHER

PROCEDURAL JURISDICTIONAL REQUIREMENTS WERE MET.

MS. WALKER: YES.

MR. MCGOWAN: OKAY. SO WHAT WE'RE DOING IS

WE'RE TRUNCATING TO 4 OUT OF THE 62 COUNTIES TO DEVELOP AS YOU SAID THIS

EXPERTISE IN THIS AREA, CORRECT?

MS. WALKER: CORRECT.

MR. MCGOWAN: BUT THIS LEGISLATION DOES NOT

DISCUSS OR ADDRESS THAT CERTAIN PARTS WOULD BE DESIGNATED OR CERTAIN

NUMBER OF JUSTICES WOULD BE DESIGNATED SOLELY TO HANDLE THESE TYPES OF

CASES, CORRECT?

MS. WALKER: CORRECT.

MR. MCGOWAN: OKAY. AND YOU SAID YOU WOULD

LEAVE THAT AND THAT WOULD BE LEFT TO THE OFFICE OF COURT ADMINISTRATION,

RIGHT?

MS. WALKER: RIGHT.

MR. MCGOWAN: OKAY. WITHIN THE 2ND

DEPARTMENT THERE IS SEPARATE -- OR WITHIN ALL THE DEPARTMENTS THERE ARE

SEPARATE JUDICIAL DISTRICTS. FOR INSTANCE, THE 9TH JUDICIAL DISTRICT

NYS ASSEMBLY JUNE 10, 2023

WHICH COVERS THE COUNTY OF WESTCHESTER. I KNOW THIS BECAUSE AS A

PRACTITIONER I DO A LOT OF MY LITIGATION IN WESTCHESTER AS WELL AS

ROCKLAND COUNTY, THERE ARE SUPREME COURT JUSTICES THAT GO SOMETIMES

BACK AND FORTH BETWEEN THOSE TWO COUNTIES AS WELL AS THE OTHER

COUNTIES WITHIN THE 9TH JD. SO, AGAIN, DOES THIS BILL SPEAK TO SELECTING

JUDGES FROM WHATEVER JUDICIAL DISTRICT IS WITHIN THE DESIGNATED

DEPARTMENTS TO SOLELY OR SPECIFICALLY HANDLE THESE TYPES OF CASES?

MS. WALKER: CAN YOU REPEAT YOUR QUESTION,

PLEASE?

MR. MCGOWAN: ABSOLUTELY. WITHIN THE JUDICIAL

DISTRICTS WHICH ARE CONTAINED WITHIN THE DEPARTMENTS, WILL THERE BE

CERTAIN JUDGES WHO MAY BE MOVING AROUND DIFFERENT COUNTIES WHO WILL

BE ASSIGNED TO SOLELY HANDLE THESE PARTICULAR MATTERS?

(PAUSE)

LET ME REPHRASE AND MAKE IT EVEN SIMPLER.

MS. WALKER: PLEASE.

MR. MCGOWAN: THIS BILL DOES NOT SPEAK TO

ASSIGNING SPECIFIC JUSTICES TO HANDLE THIS CASE, SAY WE'RE GOING TO HAVE

A PANEL OF THREE OR FOUR THAT WILL BE HANDLING THIS, CORRECT?

MS. WALKER: THAT'S CORRECT.

MR. MCGOWAN: IT CAN BE ANY JUDGE IN THEORY

DEPENDING ON HOW THE OFFICE OF COURT ADMINISTRATION ASSIGNS A

PARTICULAR CASE WITHIN A JUDICIAL DEPARTMENT, CORRECT?

MS. WALKER: CORRECT.

MR. MCGOWAN: SO HOW IS IT THAT WE ARE

NYS ASSEMBLY JUNE 10, 2023

DEVELOPING THIS EXPERTISE THAT YOU STATED IS ONE OF THE MAIN GOALS OF

THIS LEGISLATION?

MS. WALKER: BECAUSE WE ARE IN THIS VERY MOMENT

TALKING ABOUT THE LEGISLATIVE INTENT OF THE BILL. AND IF THERE ARE ANY

QUESTIONS WITH RESPECT TO OCA THAT THEY MAY HAVE, IT IS

IMPLEMENTATION THEY CAN ALWAYS REFER TO THIS DIALOG, SIR.

MR. MCGOWAN: OKAY. IS THERE OR HAS ANYONE

ASKED FOR THIS?

MS. WALKER: NO.

MR. MCGOWAN: HAVE THERE HAVE BEEN GROUPS OR

LOBBYISTS OR PARTIES WHO SAID, YOU KNOW WHAT? I WANT TO TRAVEL FURTHER

OR I REALLY DON'T THINK THAT THE SUPREME COURT WHERE I BROUGHT THIS

ACTION, THOSE JUSTICES DON'T KNOW ANYTHING ABOUT CONSTITUTIONAL LAW.

LET'S -- LET'S BRING THIS ALL INTO ONLY 4 OF 62 COUNTIES WITHIN THE STATE.

HAS ANYONE BEEN ASKING FOR THOSE TYPES OF THINGS THAT WOULD

NECESSITATE BRINGING THIS LEGISLATION?

MS. WALKER: NOT THAT I AM AWARE OF.

MR. MCGOWAN: SO AS THE SPONSOR OF THIS BILL,

MADAM, CAN YOU TELL ME WHERE THIS CAME FROM AND WHAT THE REASON FOR

THIS IS, ASIDE FROM THE STATED GOALS OF EFFICIENCY AND HAVING A SPECIALITY

AND DETERMINING CONSTITUTIONAL ISSUES.

MS. WALKER: AND PREVENTING FORUM SHOPPING.

MR. MCGOWAN: WELL, THAT'S HAPPENED ALREADY

THROUGH THE BILL BECAUSE THE BILL ITSELF, THIS LAW IS CREATING FORUM

SHOPPING BY DESIGNATING ONLY 4 OUT OF 62 COUNTIES. SO I'M NOT EVEN

NYS ASSEMBLY JUNE 10, 2023

WORRIED ABOUT THAT BECAUSE THAT'S ALREADY COVERED. SO MY QUESTION IS

WHY ARE WE DOING THIS?

(PAUSE)

MS. WALKER: I BELIEVE THAT QUESTION HAS BEEN

ASKED AND ANSWERED, SIR.

MR. MCGOWAN: SO NOTHING HAPPENED THAT

PROMPTED THIS?

(PAUSE)

MS. WALKER: I BELIEVE THAT QUESTION HAS ALSO BEEN

ASKED AND ANSWERED.

MR. MCGOWAN: SO OKAY. JUST TO -- MY FINAL

QUESTION THEN, THOSE GOALS YOU STATED, RIGHT, HAVING GOALS OF WHY WE

WANT THIS AND EVERYTHING YOU STATED IS A JUSTIFICATION FOR THIS -- THIS

BILL. BUT YOU CAN'T TELL ME ANY INCIDENT OR CASE OR ANYTHING THAT SAID,

YOU KNOW WHAT? THIS YEAR, IN THIS SESSION, LITERALLY AT THE END OF

SESSION, THIS IS THE TIME TO BRING THIS, WE NEED IT NOW BECAUSE X, Y

AND Z HAS HAPPENED. THERE'S NOTHING THAT -- THAT HAPPENED THAT

PROMPTED THIS?

MS. WALKER: I AM GOING TO SAY, SIR, THAT NOTHING

THAT I AM AWARE OF HAS PROMPTED THIS. I WAS ASKED WHETHER OR NOT I

WAS AWARE OF YOUR COLLEAGUE'S CASE IN SARATOGA COUNTY WHERE HE HAD A

CASE ABOUT DANGLING CHAD. AND AGAIN, IT'S NOT SOMETHING THAT I WAS

AWARE OF.

MR. MCGOWAN: OKAY. THANK YOU VERY MUCH,

MA'AM. I APPRECIATE YOUR TIME.

NYS ASSEMBLY JUNE 10, 2023

MS. WALKER: THANK YOU.

MR. MCGOWAN: MR. SPEAKER, ON THE BILL BRIEFLY.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. MCGOWAN: THIS IS VERY, VERY INTERESTING,

BIZARRE, CONFUSING. AS A PRACTITIONER FOR OVER THE PAST DECADE IN NEW

YORK STATE HANDLING BOTH CIVIL AND CRIMINAL CASES, WE HAVE RULES AND

REGULATIONS ABOUT WHERE CASES CAN BE BROUGHT. ABOUT JURISDICTION AND

ABOUT VENUE WHICH IS REALLY WHAT WE'RE TALKING ABOUT, THE VENUE THAT

THESE CASES CAN BE HANDLED IN. THAT'S ALREADY COVERED. ANY ATTORNEY

KNOWS WHEN AND WHERE TO BRING A CASE. I DON'T THINK WE NEED HELP

WITH VENUES. I DON'T THINK WE REALLY NEED THIS. AND IT'S VERY

PERPLEXING AND VERY INTERESTING WHY THIS IS HERE. THE IDEA THAT WE

NEED TO HAVE SPECIALIZED ELECTION LAW CONSTITUTIONALITY PARTS. ANY

SUPREME COURT JUDGE WHEN A -- WHEN A QUESTION OF CONSTITUTIONALITY

CAN BE BROUGHT UP IN A VARIETY OF CONTEXTS, IN A VARIETY OF CASES. WE'RE

NOT CREATING A SEPARATE PART, THAT WE'RE GOING TO HAVE JUDGES WHO WERE

JUST HANDLING THESE TYPES OF CASES AND THEY'RE GOING TO GET REALLY, REALLY

GOOD AND REALLY, REALLY PROFICIENT AT HANDLING THESE PARTICULAR TYPES OF

MATTERS. NO. WE'RE JUST SAYING, WELL, BASICALLY WHOEVER'S UP OR BETTER

YET, WE'LL HAVE OCA FIGURE IT OUT. WHATEVER JUDGE IS UP, HOWEVER

THEY'RE GOING TO CATCH THE CASE, THAT'S HOW WE'RE GOING TO DO THIS. THIS

BILL IS -- IS -- I MEAN IT'S A THINLY VEILED ATTEMPT AT -- AT WHAT'S GOING ON

HERE WHICH IS TO LIMIT FOR WHATEVER REASON, SOUNDS LIKE POLITICAL, BUT TO

DEPRIVE LITIGANTS OF A CONVENIENT FORUM TO TRUNCATE THESE CASES AND PUT

THEM IN A LIMITED NUMBER OF JURISDICTIONS IT JUST -- IT REALLY FLIES IN THE

NYS ASSEMBLY JUNE 10, 2023

FACE OF EVERYTHING WE'VE HEARD OVER THE LAST COUPLE OF DAYS ABOUT

ACCESSIBILITY, EFFICIENCY, THOSE TYPES OF THINGS TO JUSTIFY THESE OTHER

RELATED ELECTION LAW TYPE BILLS THAT WE'VE BEEN TAKING UP OVER THE LAST

COUPLE OF DAYS. I'LL SAY THIS: I'M NOT FOOLED. THIS IS NOT A GOOD BILL

AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU

YIELD?

MS. WALKER: YES, MR. SPEAKER.

MR. GOODELL: THANK YOU, MS. WALKER. I WAS A

LITTLE BIT CURIOUS ABOUT THE COMMENT THAT WAS MADE EARLIER THAT ONE OF

THE RATIONALES FOR SELECTING JUST 4 OUT OF 62 COUNTIES IS BECAUSE OF A

PARTICULAR EXPERTISE. UNTIL JUST RECENTLY IN CHAUTAUQUA COUNTY WE HAD

NO RESIDENT SUPREME COURT JUDGE. AND SO EVERY SUPREME COURT JUDGE

THAT WE HAD UNTIL JUST RECENTLY WAS ASSIGNED OUT OF ERIE COUNTY. SO

MY QUESTION IS, WHY -- WHY WOULD AN ERIE COUNTY JUDGE HAVE MORE

EXPERTISE FROM SITTING IN BUFFALO THAN THE SAME EXACT JUDGE WOULD

HAVE SITTING IN MY COUNTY?

MS. WALKER: I DON'T KNOW IF I CAN ANSWER THAT

QUESTION.

MR. GOODELL: I CAN. BUT I WAS CURIOUS --

MS. WALKER: AND I DON'T KNOW IF I COULD, YOU

NYS ASSEMBLY JUNE 10, 2023

KNOW, I DON'T KNOW HOW THE JUDGES ARE ASSIGNED IN YOUR COUNTY OR IN

ANY OTHER COUNTY OR ANY PARTICULAR COUNTY. AND QUITE FRANKLY, THIS BILL

HAS NOTHING TO DO WITH THE ASSIGNMENT OF PARTICULAR JUDGES EXCEPT TO

STATE THAT THERE ARE FOUR PARTICULAR LOCATIONS BY WHICH ANY

CONSTITUTIONALITY PROVISIONS ARE CHALLENGED TO THE ELECTION LAW.

MR. GOODELL: IN -- IN THE LAST FEW YEARS, ARE YOU

-- ARE YOU FAMILIAR WITH HOW MANY CONSTITUTIONAL CHALLENGES TO THE

ELECTION LAW HAVE BEEN INITIATED IN NEW YORK STATE?

MS. WALKER: I AM NOT, SIR.

MR. GOODELL: AND ALONG THE SAME LINE, ARE YOU

AWARE OF ANY PROBLEMS IN LOCAL SUPREME COURT JUDGES' RULING ON THOSE

CONSTITUTIONAL ISSUES?

MS. WALKER: I'M NOT AWARE OF ANY PROBLEMS.

MR. GOODELL: AS YOU KNOW, OFTENTIMES IN A CASE

THE CASE MAY ACTUALLY INVOLVE MULTIPLE PARTIES. I ONCE WAS INVOLVED IN

A -- A JURISDICTIONAL CASE, BY THE WAY, AN ELECTION CASE THAT WENT ALL THE

WAY UP TO THE COURT OF APPEALS. THERE WERE 236 I THINK DEFENDANTS.

THEY WERE ALL IN CHAUTAUQUA COUNTY. SO IN THAT TYPE OF CASE WHERE

YOU HAVE A CONSTITUTIONAL CHALLENGE SAY CHALLENGING THE

CONSTITUTIONALITY OF, YOU KNOW, 50 NO EXCUSE ABSENTEE BALLOTS, WHAT IS

THE RATIONALE FOR REQUIRING THE PLAINTIFF AND ALL 50 DEFENDANTS TO HAVE TO

TRAVEL HOURS AND HOURS TO GET TO ERIE COUNTY TO HAVE THEIR CASE HEARD?

MS. WALKER: WELL, I WILL --

MR. GOODELL: I MEAN WOULDN'T -- WOULDN'T IT

MAKE MORE SENSE TO HAVE THE JUDGE IN THE COUNTY WHERE ALL THE

NYS ASSEMBLY JUNE 10, 2023

DEFENDANTS AND PLAINTIFFS ARE LOCATED AND RESIDE THEN TO HAVE TO FORCE

ALL OF THEM TO TRAVEL GREAT DISTANCES?

MS. WALKER: WELL, IN PART OF YOUR DELIBERATIONS

YOU MENTIONED THAT THERE WERE A NUMBER OF PLAINTIFFS IN A PARTICULAR

CASE THAT WAS BROUGHT TO THE NEW YORK STATE COURT OF APPEALS. AND

I'D SUBMIT TO YOU THAT ALL OF THOSE PLAINTIFFS HAD TO DRIVE HOURS AND

HOURS IN ORDER TO GET TO ALBANY COUNTY IN ORDER TO HAVE THEIR CASE BE

HEARD.

MR. GOODELL: WELL, NO. THE COURT OF APPEALS IS

ONLY A COURT OF LAW. SO THE COURT OF APPEALS, YOU DON'T HAVE THE

PLAINTIFFS AND DEFENDANTS SHOW UP, IT'S ONLY THE LAWYER --

MS. WALKER: WELL, THEY PARTICULARLY AREN'T THERE

AS WELL IN THE -- IN THE APPELLATE COURTS AS EITHER, BUT SINCE WE HAVE ALL

OF THESE PLAINTIFFS TRAVELING ALL OVER THE STATE IN ORDER TO HEAR THEIR

ATTORNEYS ARGUING THEIR CASES, I SUBMIT THAT PERHAPS THEY CAN, YOU

KNOW, SIGN UP TO GO AND HEAR THEIR ATTORNEY ARGUE THEIR CASE BEFORE THE

COURT OF APPEALS AS WELL.

MR. GOODELL: OF COURSE AS YOU CAN APPRECIATE,

DEPOSITIONS AND HEARINGS MUST BE IN FRONT OF A COURT. AND I'VE HAD

ELECTION LAW CASES WHERE WE'VE HAD FULL TRIALS WITH MULTIPLE PARTIES

NOT AT ALL UNUSUAL, FOR EXAMPLE, FOR BOTH ELECTION COMMISSIONERS TO BE

DEFENDANTS. PARTICULARLY IF THEY'RE CHALLENGING THE CONSTITUTIONALITY

INVOLVING SOME OF THEIR ACTIONS. SO AGAIN, MY QUESTION IS, IF WE DON'T

HAVE ANY EXAMPLES OF PROBLEMS WITH LOCAL SUPREME COURT JUDGES, WHY

WOULD WE FORCE ALL THE PARTIES, INCLUDING THE REPUBLICAN AND

NYS ASSEMBLY JUNE 10, 2023

DEMOCRATIC ELECTION COMMISSIONER, TO HAVE TO TRAVEL UP TO FOUR OR

FIVE HOURS TO APPEAR IN FRONT OF A COURT IN A COUNTY THAT MAY BE SEVERAL

COUNTIES AWAY? WHY -- WHAT'S THE RATIONALE FOR THAT IF WE HAVEN'T HAD

ANY EXAMPLES OF ANY PROBLEMS WITH THE LOCAL JUDGES?

MS. WALKER: WELL, BY SELECTING POPULUS COUNTIES

WITHIN EACH APPELLATE DISTRICT THIS LEGISLATION SEEKS TO PLACE THE

APPROPRIATE FORUMS FOR CONSTITUTIONAL ELECTION LAW CHALLENGES

CONVENIENT FOR RESIDENTS OF THAT APPELLATE DISTRICT.

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

THERE'S -- THERE'S ONLY TWO ELECTION COMMISSIONERS IN ERIE COUNTY; ONE

REPUBLICAN AND ONE DEMOCRAT. THE SAME NUMBER OF ELECTION

COMMISSIONERS ARE IN EVERY COUNTY. SO WHY DO ALL THE OTHER 58

COUNTY ELECTION COMMISSIONERS - WE'LL, IT'D BE 116 IF THEY WERE ALL

SUED, HOPEFULLY THAT'S NEVER THE CASE - BUT WHY WOULD ALL THE OTHER

PARTIES BE FORCED TO TRAVEL TO A FOREIGN -- TO A DIFFERENT COUNTY? I --

I'M-- I'M LOOKING FOR A RATIONALE. I MEAN I'VE NEVER RUN INTO ANY

PROBLEMS WITH A LOCAL JUDGE IN TERMS OF THEIR BASIC CONFIDENCE AND A

FEW TIMES I DID I TOOK THEM UP ON APPEAL AND SOMETIMES THE APPELLATE

DIVISION CORRECTED THE JUDGE AND SOMETIMES THE APPELLATE DIVISION

CORRECTED ME. BUT I HAVEN'T SEEN ANY PARTICULAR EXPERTISE BASED ON

JURISDICTION. AND ARE YOU AWARE OF ANY? I MEAN, ARE YOU AWARE OF

WHETHER OR NOT THE ERIE COUNTY JUDGES OR WESTCHESTER JUDGES ARE ANY

MORE EXPERT ON READING THE CONSTITUTION THAN ANY OTHER SUPREME COURT

JUDGE?

MS. WALKER: WELL, IN THIS PARTICULAR SCENARIO HERE

NYS ASSEMBLY JUNE 10, 2023

ONCE THE -- THIS BILL HAS BEEN PASSED, ONE THING THAT IT IS MY HOPE TO SEE

IS THAT THERE WILL AT LEAST BE AN EXPERT IN THE 1ST JUDICIAL DISTRICT

LOCATED IN NEW YORK COUNTY, AND THE 2ND JUDICIAL DEPARTMENT -- SORRY

I SAID DISTRICT -- IN WESTCHESTER COUNTY FOR THE 3RD JUDICIAL DEPARTMENT

IN ALBANY AND FOR THE 4TH IN ERIE COUNTY. AND THAT THERE WILL BE SOME

LEVEL OF UNIFORMITY WITHIN THE ELECTION LAW SO THAT WE DON'T HAVE TO

WORRY ABOUT JURISDICTIONS WHERE THERE ARE 62 DIFFERENT ANALYSES AND

ANSWERS AND PRECEDENCE TO THE SAME CONSTITUTIONAL QUESTIONS WITH

RESPECT TO THE ELECTION LAW.

MR. GOODELL: OF COURSE AS YOU KNOW, ANY

CONSTITUTIONAL CHALLENGE, REGARDLESS OF WHICH COUNTY IT'S BROUGHT IN,

PURSUANT TO EXECUTIVE LAW, SECTION 71 OR THE CPLR 1012(B), IT DOESN'T

MATTER WHAT COUNTY IT'S BROUGHT. IF IT'S CHALLENGING THE

CONSTITUTIONALITY OF THE STATE LAW THE ATTORNEY GENERAL MUST BE

NOTIFIED, RIGHT?

MS. WALKER: CORRECT.

MR. GOODELL: AND THE ATTORNEY GENERAL FUNDED

BY THE STATE OF NEW YORK HAS OFFICES THROUGHOUT THE WHOLE STATE, NOT

JUST IN ERIE OR WESTCHESTER OR ALBANY, RIGHT? THEY -- THEY WOULD THEN

MS. WALKER: I WOULD SAY IN MANY DIFFERENT

COUNTIES WITHIN THE STATE BUT I WOULDN'T -- I'M NOT SURE ABOUT

THROUGHOUT THE ENTIRE STATE.

MR. GOODELL: SO IF THE ATTORNEY GENERAL BY

STATUTE MUST RECEIVE NOTICE OF EVERY TYPE OF THIS CASE, WHY ISN'T IT

NYS ASSEMBLY JUNE 10, 2023

SUFFICIENT THAT THE ATTORNEYS FOR THE STATE OF NEW YORK ALL RECEIVE

NOTICE? WHY DO WE ALSO HAVE TO FORUM SHOP WITH THE JUDGE?

MS. WALKER: I DON'T SEE -- I FEEL LIKE I'M -- WE'RE

COMPARING APPLES TO ORANGES HERE. WHAT IS THE ATTORNEY GENERAL AND

THE ATTORNEY GENERAL'S OFFICES AND THE NOTICE REQUIREMENTS AND THE

JUDGES HAVE ANYTHING TO DO WITH A5874?

MR. GOODELL: WELL, THE ANSWER IS YOU'VE BEEN

TALKING ABOUT THE NEED FOR A PARTICULAR EXPERTISE.

MS. WALKER: CORRECT.

MR. GOODELL: UNDER THE NEW YORK STATE EXISTING

LAW, IT'S THE ATTORNEY GENERAL'S OFFICE THAT NEEDS THE EXPERTISE,

BECAUSE IT'S THE ATTORNEY GENERAL'S OFFICE THAT DEFENDS THE STATE

WHENEVER THERE'S A CONSTITUTIONAL ISSUE AND UNDER CURRENT LAW THE

ATTORNEY GENERAL ALREADY GETS NOTICE.

MS. WALKER: WELL, THIS DOESN'T CHANGE THE LEVEL

OF EXPERTISE THAT'S REQUIRED OF ANY PARTICULAR ELECTION LAWYER AND/OR

ATTORNEY GENERAL OR ASSISTANT ATTORNEY GENERAL, BUT IT SPEAKS TO THE

FOUR DIFFERENT VENUES BY WHICH A CASE IS TO BE BROUGHT.

MR. GOODELL: NOW, AS YOU KNOW, ARTICLE VI OF

THE NEW YORK STATE CONSTITUTION STARTING IN SECTION 7, SAYS THE

SUPREME COURT SHALL HAVE GENERAL ORIGINAL JURISDICTION. AND IT GOES

ON TO SAY IF THE LEGISLATURE SHALL CREATE NEW CLASSES OF ACTIONS AND

PROCEEDINGS, THE SUPREME COURT SHALL HAVE JURISDICTION OVER SUCH

CLASSES OF ACTIONS AND PROCEEDINGS. ALTHOUGH THE LEGISLATURE, OF

COURSE, CAN ADD OTHER COURTS TO HAVE CONCURRENT JURISDICTION. WHY IS IT

NYS ASSEMBLY JUNE 10, 2023

THEN THAT THE SUPREME COURT IN CHAUTAUQUA COUNTY OR CATTARAUGUS,

ALLEGANY, STEUBEN, YATES OR ANY OF THE OTHER COUNTIES EXCEPT THOSE

FOUR ARE DIVESTED OF JURISDICTION?

MS. WALKER: NOW WHICH DEPARTMENT WOULD --

WHICH JUDICIAL DEPARTMENT WOULD THOSE COUNTIES BE LOCATED IN?

MR. GOODELL: WHICH -- THEY'RE ALL IN THE 8TH

JUDICIAL DEPARTMENT. AND SO THEY WOULD ALL -- JUST AS AN EXAMPLE,

WE'LL USE BUFFALO OR ERIE COUNTY. SO WHY IS IT THAT A SUPREME COURT

JUDGE IN ORLEANS, NIAGARA, GENESEE, JEFFERSON, YATES, STEUBEN,

CHAUTAUQUA, CATTARAGUS OR ALLEGANY COUNTY, WHY IS IT THAT WE'RE

DIVESTING OR TEMPTING TO DIVEST ALL OF THOSE SUPREME COURT JUDGES

FROM ANY JURISDICTION?

MS. WALKER: WE ARE NOT DIVESTING THOSE

PARTICULAR JUDGES AS WE ALSO HAVE HEARD. IT WOULD BE THE OFFICE OF

COURT ADMINISTRATION WHO WOULD BE IMPLEMENTING THIS PARTICULAR BILL

WITH RESPECT TO THE ASSIGNMENT OF JUDGES. AND PERHAPS THE OFFICE OF

COURT ADMINISTRATION IN THEIR INFINITE WISDOM MAY PULL A JUDGE FROM

ONE OF THOSE PARTICULAR COUNTIES THAT YOU MENTIONED.

MR. GOODELL: GREAT POINT BECAUSE EACH JUDICIAL

DISTRICT HAS AN ADMINISTRATIVE JUDGE. AND EACH JUDICIAL

ADMINISTRATIVE JUDGE ASSIGNS THE JUDGES WITHIN THAT ENTIRE DISTRICT.

THEY CAN SEND THEM WHEREVER THEY'RE NEEDED. WHY IS IT THAT UNDER

THIS BILL, THE ADMINISTRATIVE JUDGE CAN ONLY ASSIGN A SUPREME COURT

JUDGE FROM CHAUTAUQUA, CATTARAGUS, ALLEGANY, STEUBEN, LIVINGSTON,

GENESEE NIAGARA, ORLEANS OR ANY OF THOSE OTHER COUNTIES CAN ONLY

NYS ASSEMBLY JUNE 10, 2023

ASSIGN ANY ONE OF THOSE OTHER SUPREME COURT JUDGES TO AN ELECTION

LAW CASE INVOLVING CONSTITUTIONALITY IF THE JUDGE TRAVELS TO BUFFALO.

WHY IS IT THAT THE -- UNDER THIS ANALYSIS THAT THE ADMINISTRATIVE JUDGE

CAN DIRECT THE JUDGES FROM THE ENTIRE DISTRICT TO HEAR A CASE BUT THEY

HAVE TO TRAVEL TO BUFFALO? IS IT THAT THEY HAVE BETTER HEARING IN

BUFFALO? I'M SORRY. THAT'S NOT REALLY -- WHY IS IT THAT THEY CAN ASSIGN

THE JUDGES TO COME TO BUFFALO BUT CAN'T ASSIGN A JUDGE IN BUFFALO TO GO

TO CHAUTAUQUA OR ANY OF THE OTHER COUNTIES?

MS. WALKER: CAN YOU REPEAT THOSE COUNTIES AGAIN,

PLEASE?

MR. GOODELL: ABSOLUTELY, OF COURSE. I MEAN I

HAVE TWO MINUTES AND 37 SECONDS BUT I HAVE A SECOND 15. I CAN REPEAT

THEM ALL YOU WANT. IT'S CHAUTAUQUA, CATTARAGUS, ALLEGANY, STEUBEN,

LIVINGSTON, GENESEE, ORLEANS, NIAGARA AND THEY'RE ALL IN THE SAME

JUDICIAL DISTRICT. SO WHAT THIS BILL SAYS IS YOU CAN TAKE A JUDGE FROM

STEUBEN AND ASSIGN THE ELECTION LAW CASE TO HIM, BUT ONLY IF THEY GO

TO BUFFALO TO HEAR IT. WHY IS THAT? AND YOU CAN'T TAKE A BUFFALO JUDGE

AND SEND THEM TO -- TO CHAUTAUQUA COUNTY TO HEAR THE SAME CASE.

WHY IS IT THAT WE ARE SAYING THE CHIEF ADMINISTRATIVE JUDGE CAN

ONLY -- THEY CAN ASSIGN WHOEVER THEY WANT, BUT THEY CAN ONLY HEAR IT IN

BUFFALO? WHAT'S THE RATIONALE?

MS. WALKER: DID YOU CHANGE YOUR QUESTION, SIR?

MR. GOODELL: NO, IT'S THE SAME QUESTION. I THINK

MS. WALKER: WELL, FIRST, I BELIEVE THAT THE

NYS ASSEMBLY JUNE 10, 2023

QUESTION WAS, WHY DOES -- WHY DOES THE JUDGE HAVE TO GO TO STEUBEN,

ALLEGANY --

MR. GOODELL: NO, NO. WHY DOES A JUDGE FROM

WHEREVER THEY'RE LOCATED --

MS. WALKER: THE ADMINISTRATIVE JUDGE WOULD

HAVE TO LOOK AT JUDGES FROM STEUBEN, ALLEGANY, ORLEANS, CHATTA --

CHAUTAUQUA, CATTARAGUS.

MR. GOODELL: LET ME -- MAYBE -- MAYBE I SHOULD

MAKE --

MS. WALKER: ALL OF THESE JUDGES AND ALL OF THESE

MAJOR COUNTIES ACROSS THE STATE --

MR GOODELL: SO THE 8TH JUDICIAL DISTRICT HAS --

MS. WALKER: THE 8TH JUDICIAL DISTRICT --

MR. GOODELL: -- HAS MANY COUNTIES.

MS. WALKER: RIGHT. AND THEN THEY --

MR. GOODELL: RIGHT.

MS WALKER: SO WHY WOULDN'T THEY BE ABLE TO

CHOOSE ONE OF THOSE JUDGES, NUMBER ONE --

MR. GOODELL: LET ME JUST MAKE --

MS. WALKER: -- AND I EXPLAINED THAT THE OFFICE OF

COURT ADMINISTRATION CAN CHOOSE FROM ANY NUMBER OF JUDGES WITHIN

THIS POOL.

MR. GOODELL: RIGHT, I'M WITH YOU.

MS. WALKER: RIGHT?

MR. GOODELL: RIGHT.

NYS ASSEMBLY JUNE 10, 2023

MS. WALKER: SO YOU WERE RIGHT THERE. AND THEN

THEY WOULD HAVE TO GO TO ERIE COUNTY, WHICH WOULD BE THE LOCATION

THAT THE VENUE IS LOCATED UNDER THIS PARTICULAR BILL.

MR. GOODELL: OKAY. SO I GUESS I'M ASKING FOR

THE -- OF THE RATIONALE WHY --

MS. WALKER: WHY -- I WILL ALSO SAY --

ME. GOODELL: -- THE ADMINISTRATIVE JUDGE --

MS. WALKER: -- THAT THAT QUESTION HAS BEEN ASKED

MR. GOODELL: EXCUSE ME, LET ME JUST ASK THE

QUESTION BEFORE YOU ANSWER IT.

MS. WALKER: WHY IS SUFFICIENT -- IS A SUFFICIENT

QUESTION.

MR. GOODELL: WHY DO WE SAY THE ADMINISTRATIVE

JUDGE CAN ASSIGN ANY JUDGE IN THE ENTIRE MULTI-COUNTY DISTRICT TO HEAR

THE CASE BUT THEY CAN ONLY HEAR THE CASE IN BUFFALO?

(BUZZER SOUNDED)

ACTING SPEAKER AUBRY: YOU WANT ANOTHER

15. IS THAT,

MR. GOODELL: YEAH, THAT'S --

ACTING SPEAKER AUBRY: THAT'S WHAT THAT

MEANS. PROCEED.

MR. GOODELL: I'M JUST CONFUSED WHY A SUPREME

COURT JUDGE MIGHT BE ABLE TO HEAR AND ANALYZE AND RULE BETTER

DEPENDING ON WHERE THEIR SEAT IS LOCATED.

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: WE HOPE THAT WITH

THE SECOND 15 YOU WILL NO LONGER BE CONFUSED.

MR. GOODELL: INDEED, YOU AND ME BOTH, MR.

SPEAKER.

MS. WALKER: ADD ME TO THAT LIST AS WELL.

MR. GOODELL: SO WHY IS IT THAT YOU THINK A JUDGE

CAN RENDER A MORE THOUGHTFUL DECISION BASED ON THE LOCATION OF THEIR

SEAT?

MS. WALKER: WELL, THIS PARTICULAR BILL DOESN'T

SPEAK OF THE LOCATION OF THE SEAT OF THE JUDGE. HOWEVER, IT DOES SPEAK

TO THE LOCATION OF THE PLAINTIFF WHO I HAVE NOT HEARD YOU MENTION AT ALL

YET IN ANY OF YOUR QUESTIONS.

MR. GOODELL: ALL RIGHT. SO I'LL GIVE YOU A SIMPLE

EXAMPLE. THE PLAINTIFF IS IN ALLEGANY COUNTY. ALL THE DEFENDANTS ARE

IN ALLEGANY COUNTY. THE COURT, THE ADMINISTRATIVE CHIEF JUDGE

ASSIGNS THE ALLEGANY SUPREME COURT JUDGE TO HEAR THE CASE. WHY IS IT

THAT UNDER THIS BILL THEY ALL HAVE TO TRAVEL TO BUFFALO; THE ALLEGANY

SUPREME COURT JUDGE, THE ALLEGANY PLAINTIFFS AND ALL THE ALLEGANY

DEFENDANTS HAVE TO GO UP TO BUFFALO. WHY?

MS. WALKER: IN ORDER TO PROMOTE MORE UNIFORMITY

AND DECISIONS WITH RESPECT TO THE CONSTITUTIONAL INTERPRETATION OF

ELECTION LAW MATTERS AT THE TRIAL LEVEL, WE BELIEVE THAT IT WILL BE BEST

SUITED WITH RESPECT TO THOSE DECISIONS IF THERE WAS A MORE CONCERTED

EFFORT AS IT RELATES TO THE JURISDICTION AND VENUES OF THIS PARTICULAR AREA

OF LAW.

NYS ASSEMBLY JUNE 10, 2023

MR. GOODELL: NOW, AS YOU KNOW, ALL OF OUR

SUPREME COURT JUDGES ARE ELECTED. AND IN ORDER TO BECOME ELECTED

THEY OFTEN SEEK AND RECEIVE A PARTY ENDORSEMENT. AND I'VE ACTUALLY

HAD THIS SITUATION BEFORE WHERE I BROUGHT AN ELECTION LAW CASE AND THE

JUDGE RECUSED HIMSELF BECAUSE HE DIDN'T WANT TO RULE ON A CASE

INVOLVING THE LOCAL POLITICAL LEADERS WHO WERE THE ONES THAT ENDORSED

HIM AND GOT HIM IN OFFICE AND IT WAS A WISE DECISION. AND SO IT'S NOT

AT ALL UNUSUAL, FOR EXAMPLE, IN A LAWSUIT IN ERIE COUNTY INVOLVING THE

ERIE COUNTY BOARD OF ELECTIONS, REPUBLICAN AND DEMOCRAT, AND

OFTENTIMES INVOLVING POLITICAL FIGURES THAT THE JUDGE IN ERIE COUNTY

DOESN'T WANT TO HEAR THE CASE AND RECUSES HIMSELF. WHY IS IT WE CAN'T

ALLOW THE CASE TO BE HEARD SOMEWHERE ELSE?

MS. WALKER: YOU LOST ME WHEN YOU SAID THAT ALL

OF THE JUDGES AT THE SUPREME COURT LEVEL ARE ELECTED.

MR. GOODELL: YEAH, THAT'S THE CASE UPSTATE. I

DON'T KNOW WHAT THEY DO IN NEW YORK.

MS. WALKER: OH, WELL, WHEN YOU SAY "ALL" --

MR. GOODELL: THE CITY.

MS. WALKER: -- THAT'S AN ABSOLUTE SO...

MR. GOODELL: NO. SO JUST THE 3RD, 2ND, 3RD --

WELL, 1ST, MOST OF THE 3RD, MOST OF THE 2ND, ALL OF THE 4TH. SO -- BUT IN

THAT CASE, WHY IS IT WE WOULD WANT TO INSIST THAT THE CASE BE IN ERIE

COUNTY IF ALL THE JUDGES ARE UP THERE HAVE A POTENTIAL CONFLICT?

(PAUSE)

THERE'S NO NEED TO BELABOR THIS. THANK YOU SO MUCH

NYS ASSEMBLY JUNE 10, 2023

MS. WALKER: OH, THANK YOU SO VERY MUCH.

MR. GOODELL: -- FOR YOUR PATIENCE AND YOUR

ANSWERS.

SIR, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: THANK YOU. ALL THE SUPREME

COURT JUDGES ALL HAVE LAW DEGREES. PURSUANT TO THE CONSTITUTION THEY

ALL HAVE ORIGINAL JURISDICTION. THEY ROUTINELY HEAR THESE AND OTHER

COMPLEX CASES. WE TYPICALLY HAVE VENUE WHERE THE PARTIES ARE LOCATED

FOCUSING FIRST, BY THE WAY, ON VENUE WHERE THE DEFENDANTS ARE LOCATED.

AND SO YOU CAN'T BRING A CASE IN CHAUTAUQUA COUNTY AGAINST

DEFENDANTS WHO ALL LIVE IN ERIE COUNTY, YOU GOT TO GO TO ERIE COUNTY,

THAT'S THE WAY THE SYSTEM IS DESIGNED. BUT THIS BILL SAYS THAT IF ALL THE

DEFENDANTS ARE IN CHAUTAUQUA COUNTY AND ALL THE PLAINTIFFS ARE IN

CHAUTAUQUA COUNTY, Y'ALL HAVE TO RENT A LIMO AND GO UP TO ERIE COUNTY

OR A DOLLAR VAN OR WHATEVER THEY'RE CALLED, YOU HAVE TO GO UP TO ERIE

COUNTY TO HAVE THE CASE HEARD. IT MAKES ABSOLUTELY NO PRACTICAL SENSE.

AND WE'RE TOLD IT'S DEVELOP EXPERTISE BUT ALL THESE CASES INVOLVE A

NOTICE TO THE ATTORNEY GENERAL. THAT'S WHERE THE EXPERTISE IS NEEDED.

AND IF THERE'S EVER A CHALLENGE AS TO THE KNOWLEDGE AND EXPERTISE OF

THE LOCAL SUPREME COURT JUDGE, THAT IS WHY WE HAVE APPELLATE

DIVISIONS AND A COURT OF APPEALS. THIS BILL HAS JUST ONE AFFECT AND

THAT IS TO FORCE EVERY DEFENDANT, EVERY DEFENDANT IN EVERY COUNTY

OUTSIDE OF THOSE FOUR TO TRAVEL TO A COURT THAT WOULD OTHERWISE NEVER

NYS ASSEMBLY JUNE 10, 2023

HAVE JURISDICTION WITHOUT THEIR CONSENT. PLEASE. WE DON'T HAVE ANY

OTHER SPECIAL CONSTITUTIONAL COURTS. PLEASE. WE DON'T OTHERWISE

REQUIRE ALL THE DEFENDANTS TO TRAVEL OUTSIDE OF THEIR COUNTY HOURS ON

END. THERE'S NO RATIONAL REASON FOR THIS BILL OTHER THAN FORUM SHOPPING

BY THE STATE LEGISLATURE.

FOR THAT REASON I WON'T SUPPORT IT. IT'S GROSSLY UNFAIR,

INAPPROPRIATE, UNJUST AND ABSOLUTELY AN ABUSE OF POWER. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALSH.

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

SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MS. WALKER?

MS. WALKER: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALKER YIELDS.

MS. WALSH: THANK YOU VERY MUCH. DID ANY GROUP

ASK FOR THIS PARTICULAR PIECE OF LEGISLATION, BECAUSE I KNOW SOMETIMES,

YOU KNOW, YOU GET APPROACHED BY A GROUP THAT SAYS WE REALLY WANT TO

DO THIS. LIKE, ANYBODY LIKE THAT OR DID THIS, YOU KNOW -- WHAT WAS THE

GENESIS OF THIS BILL?

MS. WALKER: I BELIEVE THERE WERE A COUPLE

QUESTIONS AND SO THE ANSWER TO YOUR FIRST QUESTION IS WHETHER OR NOT

ANY GROUPS CONTACTED ME. NOT TO MY KNOWLEDGE.

MS. WALSH: OKAY.

MS. WALKER: AND THE REASON FOR THE BILL OR THE

NYS ASSEMBLY JUNE 10, 2023

IMPETUS BEHIND THE BILL AGAIN IS TO --

MS. WALSH: OH, OH, NO. YOU DON'T EVEN HAVE TO

REPEAT THAT AGAIN.

MS. WALKER: THANK YOU.

MS. WALSH: WE'VE HEARD IT LIKE 20 TIMES. NO, I

UNDERSTAND WHAT YOU'RE SAYING THE REASON FOR THE BILL IS. I JUST WANT TO

KNOW LIKE IN -- IN DEVELOPING THIS BILL THEN, WAS OCA CONSULTED, WAS

THE NEW YORK STATE BAR ASSOCIATION CONSULTED, WAS THE BOARD OF

ELECTIONS CONSULTED? ANY OF THOSE GROUPS THAT -- OR ANY OTHERS? DID

YOU CONSULT WITH ANYBODY IN DEVELOPING THIS?

MS. WALKER: NOT TO MY KNOWLEDGE.

MS. WALSH: OKAY, ALL RIGHT, VERY GOOD. NOW LET'S

SEE, I THINK ALL THE OTHER QUESTIONS HAVE ALREADY BEEN ASKED OF YOU SO,

MR. SPEAKER, I'LL JUST GO RIGHT ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. WALSH: THANK YOU VERY MUCH. SO I -- I WAS

DOING A LITTLE BIT OF A HEAD COUNT, YOU KNOW, WE'VE GOT A LOT OF EMPTY

CHAIRS. I THINK PROBABLY SOME PEOPLE ARE MAYBE TAKING A LITTLE SNOOZE

RIGHT NOW WHICH I TOTALLY CAN APPRECIATE SINCE IT'S ALMOST 3:00 IN THE

MORNING. BUT I DID COUNT SOME HEADS OF ATTORNEYS HERE. AND I -- I AM

VERY FASCINATED WITH -- BECAUSE I CAN ONLY -- I CAN ONLY BE A FLY ON THE

WALL -- FROM WHAT I UNDERSTAND ABOUT THE PROCESS HERE IS THAT FOR A BILL

TO GET KIND OF APPROVED TO MOVE FORWARD AND GO THROUGH COMMITTEE

AND COME TO THE FLOOR, THE OTHER SIDE OF THE AISLE, MY COLLEAGUES ON THE

OTHER SIDE OF THE AISLE THEY DO A CONFERENCE AND THEY CONSIDER WHETHER

NYS ASSEMBLY JUNE 10, 2023

IT'S A GOOD IDEA TO BRING A BILL TO THE FLOOR AND THEN, I DON'T KNOW IF YOU

DO LIKE A STRAW POLL OR YOU TALK ABOUT IT. BUT IT HAS TO BE THE CASE THAT

THERE ARE ATTORNEYS THAT I AM SERVING WITH IN THE NEW YORK STATE

ASSEMBLY ON THE OTHER SIDE OF THE AISLE WHO THOUGHT IT WAS A GOOD IDEA

TO BRING THIS BILL TO THE FLOOR FOR A VOTE AND THAT IS FASCINATING TO ME.

AND I'M LOOKING AT SOME OF YOU RIGHT NOW. I -- I -- I AM -- I'M JUST

AMAZED BY THE LAST 48 TO 72 HOURS, IN PARTICULAR, WITH THE -- THE

LEGISLATION THAT'S BEEN BROUGHT FORWARD. IT SEEMS AS THOUGH NO ONE

ASKED FOR THIS, THAT NOBODY WAS CONSULTED AND THE EXPERTS, SO

STAKEHOLDERS WE'VE BEEN CALLING THEM TODAY, DISCUSSING OTHER BILLS,

OCA, THE NEW YORK STATE BAR ASSOCIATION, THE BOARD OF ELECTIONS,

NOPE, NOBODY'S ASKING FOR THIS. SO AS WAS SAID, SUPREME COURT JUDGES

HAVE UNLIMITED ORIGINAL JURISDICTION. AND FOR NON-LAWYERS WHAT MEANS

IS THEY ARE ALL EQUALLY QUALIFIED TO HANDLE THE TYPES OF CASES THAT WOULD

COME BEFORE THEM, EQUALLY. SO YOU MIGHT SAY, WHY DO WE NEED TO

CREATE THIS SPECIAL EXPERTISE? I WOULD SAY THAT THAT IS A GINORMOUS

RED-HERRING.

ACTING SPEAKER AUBRY: MS. WALKER, WHY DO

YOU RISE?

MS. WALKER: WILL MS. WALSH YIELD FOR A COUPLE

QUESTIONS?

MS. WALSH: SURE.

ACTING SPEAKER AUBRY: MS. WALSH YIELDS.

MS. WALKER: THANK YOU, MS. WALSH. SO AGAIN IN

THE SPIRIT OF UNIFORMITY, I BELIEVE THAT IT IS YOUR TESTIMONY THIS EVENING

NYS ASSEMBLY JUNE 10, 2023

TO STATE THAT AS LONG AS A JUDGE HAS ORIGINAL AND COMPETENT JURISDICTION

THAT THEY CAN HEAR ANY PARTICULAR CASE NOTWITHSTANDING THEIR OWN LEVEL

OF EXPERTISE; IS THAT CORRECT?

MS. WALSH: THEY'RE ALL ADMITTED ATTORNEYS, THEY'VE

ALL BEEN ELECTED TO SERVE. AS SUPREME COURT JUSTICES, THEY ALL RECEIVED

THE SAME INITIAL TRAINING, THEY HAVE ORIGINAL JURISDICTION TO HANDLE ALL

MATTERS THAT COULD GO BEFORE THE SUPREME COURT. YES.

MS. WALKER: I'M A LITTLE CONFUSED BECAUSE JUST

THIS EVENING ONE OF THE QUESTIONS THAT YOU HAD OF ONE OF OUR COLLEAGUES

WHO WE ALL EQUALLY HAVE THE ABILITY TO INTRODUCE BILLS NOTWITHSTANDING

A PARTICULAR EXPERTISE OR LICENSE OR AREA OF LAW, BUT YOU BELIEVE THAT

BECAUSE THAT PERSON WAS NOT A MEMBER OF THE ELECTION LAW COMMITTEE

AND THAT THEY WERE NOT AN ATTORNEY, THAT THEY WERE NOT QUALIFIED IN

ORDER TO BRING A PARTICULAR BILL WITH RESPECT TO THE ELECTION LAW. SO I

AM HAVING A HARD TIME UNDERSTANDING THAT CONTRADICTION.

MS. WALSH: I CAN APPRECIATE YOUR CONFUSION ON

THAT ISSUE.

MS. WALKER: THANK YOU.

MS. WALSH: AND I ACTUALLY ADDRESSED THAT WITH THE

SPONSOR OF THAT EARLIER BILL AND EXPLAINED TO HER THAT MY CONCERN WAS

NOT WITH HER, IT WAS WITH THE QUALITY OF THE BILL AND NOT WITH HER AT ALL

AND SHE -- AND I -- I CERTAINLY DID APOLOGIZE IF SHE THOUGHT THAT I WAS

MAKING ANY -- CASTING ANY ASPERSIONS UPON HER OR HER ABILITY TO BE --

MS. WALKER: RIGHT. I UNDERSTAND THAT. SO I

WASN'T --

NYS ASSEMBLY JUNE 10, 2023

MS. WALSH: I APPRECIATE YOUR QUESTION AND NOW I'D

LIKE TO CONTINUE WITH MY ON THE BILL. THANK YOU SO MUCH.

MS. WALKER: THANK YOU.

MS. WALSH: SO I THINK THAT REALLY WHAT IT COMES

DOWN TO, AS I MENTIONED, I BELIEVE THAT THE IDEA OF GREATER COMPETENCY

OF SOME SUPREME COURT JUDGES TO HANDLE THESE ELECTION LAW

CHALLENGES OVER OTHERS, I THINK IT'S A GIANT RED-HERRING. SO I REALLY

THINK, I REALLY THINK THAT THE REAL REASON IS THAT ALTHOUGH -- AND I THINK

I'M PICKING UP ON WHAT MY COLLEAGUE SAID EARLIER THIS EVENING

MENTIONING THAT WE HAVE ONE PARTY CONTROL HERE IN ALBANY, WE SAY THIS

ALL THE TIME BUT IT'S TRUE. WE HAVE SUPER MAJORITIES IN BOTH HOUSES,

BOTH DEMOCRATS, WE HAVE THE GOVERNOR, THE ATTORNEY GENERAL, THE

COMPTROLLER, ON AND ON AND ON ALL IN THE SAME POLITICAL PARTY. BUT

WHAT'S BEEN PESKY I THINK FOR THIS BODY AND FOR THAT ONE PARTY CONTROL

HAS BEEN THE JUDICIARY HAS BEEN THAT THIRD -- THAT THIRD BRANCH OF

GOVERNMENT. AND SO I DO BELIEVE THAT THIS -- THE GENESIS OF THIS BILL IS

REALLY TO ATTEMPT TO CONTROL OUTCOMES AND TO FORUM SHOP AND IT IS

DISGRACEFUL. IT'S ABSOLUTELY DISGRACEFUL. AND I BELIEVE THAT, I BELIEVE

IT'S UNCONSTITUTIONAL. AND IT'S JUST BALDLY POLITICAL, IT'S NOT TO BE

SUPPORTED BY CERTAINLY ANYBODY WHO'S -- ANYBODY WHO'S REASONABLE I

WOULD SAY. AND I WILL CERTAINLY NOT BE SUPPORTING IT MYSELF, AND THANK

YOU, MR. SPEAKER.

ACTING SPEAKER OTIS: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER OTIS: A PARTY VOTE HAS BEEN

NYS ASSEMBLY JUNE 10, 2023

REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. IF THERE IS ANYONE

THAT SUPPORTS IT, THEY ARE CERTAINLY WELCOME TO VOTE YES HERE ON THE

FLOOR. THANK YOU, SIR.

ACTING SPEAKER OTIS: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION; HOWEVER, THERE MAY BE SOME THAT WILL WANT TO BE AN

EXCEPTION. THEY SHOULD FEEL FREE TO VOTE AT THEIR SEAT.

ACTING SPEAKER OTIS: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK YOU, MR. SPEAKER. JUST -- JUST WANT

TO SAY THIS BILL, THE PREVIOUS BILL ARE BOTH SO BLATANTLY UNCONSTITUTIONAL

THAT DESPITE THE BEST EFFORTS OF OUR COLLEAGUES DOWN THE HALL TO STACK

THE COURT OF APPEALS WITH CRAZY PEOPLE, THEY'RE BOTH GOING TO BE FOUND

UNCONSTITUTIONAL. I VOTE NO. THANK YOU.

ACTING SPEAKER OTIS: MS. LUNSFORD TO EXPLAIN

HER VOTE.

MS. LUNSFORD: THANK YOU, MR. SPEAKER. YOU

KNOW, I HAD THE PRIVILEGE OF ARGUING IN 43 OF OUR STATE'S SUPREME

COURTS, I HAVE BEEN ALL OVER THIS GREAT LAND. AND I HAVE A LOT OF

NYS ASSEMBLY JUNE 10, 2023

EXPERIENCE WITH THE JUDGES IN THOSE COURTS. THIS BILL FOR ME IS LESS

ABOUT EXPERTISE AND MORE ABOUT NEUTRALITY, BECAUSE WHEN YOU GO TO

ERIE COUNTY, YOU'RE GOING TO GET A WHEEL OF 13 JUDGES, HALF OF WHOM

ARE REPUBLICANS. AND YOU'RE GOING TO GET ASSIGNED RANDOMLY TO ONE OF

THOSE JUDGES. AND THERE'S ACTUALLY PRECEDENCE TO THIS. IF YOU BRING AN

APPEAL TO SAY THE WORKERS' COMPENSATION LAW IN THE STATE, EVERY ONE

OF THOSE APPEALS GOES TO THE 3RD DEPARTMENT. IF YOU'RE ACCESSING OUR

APPELLATE DIVISION, YOU HAVE TO TRAVEL TO BUFFALO OR ROCHESTER OR

ALBANY. THIS IS SOMETHING THAT WE DO, IT'S NOT UNPRECEDENTED. BUT IF

YOU CITE A CASE IN STEUBEN OR IN JEFFERSON OR IN YATES OR CATTARAGUS,

YOU'RE PICKING FROM MAYBE TWO JUDGES, MAYBE THREE JUDGES, VERY

LIKELY ALL OF THE SAME POLITICAL PARTY. SO YOU'RE NOT JUST FORUM

SHOPPING. IN A LOT OF CASES YOU'RE SHOPPING FOR THE PARTICULAR JUDGE

BECAUSE YOU KNOW WHO YOU'RE GOING TO GET. AND WHEN THE PARTY TO

THAT LAWSUIT IS A LOCAL ELECTED OFFICIAL, AS OUR COLLEAGUE POINTED OUT,

THERE'S A DECENT CHANCE THEY HAVE A GOOD WORKING RELATIONSHIP WITH

THAT PARTICULAR JUDGE. THEY MAY HAVE DONATED TO THAT JUDGE, THEY MAY

PLAY GOLF WITH THAT JUDGE, THEY MAY HAVE RUN FOR OFFICE WITH THAT JUDGE.

BUT WHEN YOU MAKE SOMEONE GO TO A LARGER COURT, THE ODDS THAT THEY

HAVE A CLOSE PERSONAL RELATIONSHIP ARE GREATLY DIMINISHED. MY CONCERN

IS THAT MANY OF THESE CASES, THESE CONSTITUTIONAL CASES, THEY ARE ACTUALLY

CITED HERE. THE CITE OF THE HARM IS ACTUALLY ALBANY. I ACTUALLY WOULD

PREFER IF THIS CASE WAS CITED ENTIRELY IN THE 3RD DEPARTMENT BECAUSE

THIS IS THE CITES OF THE INJURY IN THAT CIRCUMSTANCE. WHEN YOU'RE

DEALING WITH A CONSTITUTIONAL CASE, THE ISSUE YOU'RE TRYING TO ASSESS IS

NYS ASSEMBLY JUNE 10, 2023

WHETHER THE STATE HAS CAUSED HARM. SO THE SPECIAL CIRCUMSTANCES THAT

CAUSE YOU TO WANT TO CITE A CASE IN A PARTICULAR COUNTY OR PARTICULAR

LOCALITY DON'T MATTER AS MUCH. I VOTE IN THE AFFIRMATIVE. I HAD MORE.

IT'S LATE.

(PAUSE)

ACTING SPEAKER OTIS: ARE THERE ANY OTHER

VOTES?

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER. I'LL BE REAL

QUICK AND I APOLOGIZE. BUT WE SHOULD ALL HAVE EXPECTED THIS. IT'S RIGHT

OUT OF THE PLAYBOOK. WE HEARD FORMER GOVERNOR ANDREW CUOMO SAY

THERE'S NO PLACE IN NEW YORK FOR CONSERVATIVES. WE'VE HEARD THE

CURRENT GOVERNOR, GOVERNOR HOCHUL TELL REPUBLICANS TO GET ON A BUS

AND LEAVE. WELL, WE'RE ALMOST THERE, YOU'RE TELLING THEM TO GET ON A

BUS TO DRIVE FOUR HOURS JUST TO PROTECT THEIR RIGHTS. I VOTE IN THE

NEGATIVE.

ACTING SPEAKER OTIS: MR. LAVINE TO EXPLAIN

HIS VOTE.

MR. LAVINE: DEMOCRATS VOTING AGAINST THIS BILL

WHEN BILLS INVOLVING THE MOST IMPORTANT ASPECTS OF CONSTITUTIONAL

LIBERTY COME BEFORE THIS BODY. HOW OFTEN, HOW OFTEN DO WE SEE VOTES

ON THE OTHER SIDE OF THE AISLE VOTING WITH US EVEN THOUGH I KNOW IN

YOUR HEARTS YOU FEEL THE SAME WAY WE DO. I HAVE VOTED AGAINST THIS.

THIS IS DEMOCRACY. THIS IS THE WAY IT WORKS. AND FOR THOSE WHO HAVE

EXPRESSED SUCH OUTRAGE, WHAT I SAY IS GIVE ME A BREAK.

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER OTIS: ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL HAS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

PLEASE HAVE THE HOUSE STAND AT EASE?

ACTING SPEAKER OTIS: THE HOUSE WILL STAND AT

EASE.

(WHEREUPON, THE HOUSE STOOD AT EASE AT 2:50 A.M.)

MRS. PEOPLES-STOKES: SIR, MR. SPEAKER, IF I

COULD ADD THAT YOU WOULD ASK MEMBERS TO PLEASE COME BACK AT 9:00.

ACTING SPEAKER OTIS: THE HOUSE WILL STAND AT

EASE UNTIL 9:00 A.M.

* * * * *

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

(LAUGHTER)

THAT WAS DONE EARLIER TODAY.

(LAUGHTER)

MRS. PEOPLES-STOKES: THAT WAS EARLIER. SO THIS

IS TODAY, TODAY, FOR REAL, FOR REAL. AND HOPEFULLY, THIS IS OUR LAST DAY OF

THE 2023 SESSION. WE'RE GOING TO CONTINUE OUR FLOOR WORK, FIRST BY

TAKING UP RULES NO. 714 BY MR. CARROLL, THEN WE'RE GOING TO CONSENT

THE BILLS FROM LAST NIGHT'S A-CALENDAR, BEGINNING WITH RULES REPORT

NYS ASSEMBLY JUNE 10, 2023

NO. 806 THROUGH RULES REPORT NO. 850. THERE PROBABLY WILL BE A NEED

TO ANNOUNCE ADDITIONAL FLOOR ACTIVITY AT SOME POINT, MR. SPEAKER. IT'S

BEEN A REALLY LONG, PRODUCTIVE WEEK BUT I REALLY DO WANT TO APPRECIATE

THE MEMBERS FOR THEIR PATIENCE AND THEIR DILIGENCE AND GETTING US

THROUGH THIS IN THE INTERESTS OF OUR CONSTITUENCY, AS WELL AS THE ENTIRE

STATE OF NEW YORK. SO I APPRECIATE YOUR COOPERATION.

WITH THAT SAID, MR. SPEAKER, WE CAN PROCEED WITH OUR

WORK.

ACTING SPEAKER AUBRY: SHALL WE PROCEED.

PAGE 17, RULES REPORT NO. 714, THE CLERK WILL READ.

THE CLERK: SENATE NO. S05984-A, RULES REPORT

NO. 714, SENATOR KAVANAGH (CARROLL, THIELE, BURGOS, A06132). AN

ACT TO AMEND THE ELECTION LAW, IN RELATION TO REGISTRATION OF VOTERS

DURING EARLY VOTING.

ACTING SPEAKER AUBRY: MR. -- MR. CARROLL, A

EXPLANATION IS REQUESTED.

MR. CARROLL: THANK YOU, MR. SPEAKER. GOOD

MORNING. THIS BILL WILL CREATE A STREAMLINED PROCESS TO REGISTER TO VOTE

AND VOTE BY AFFIDAVIT BALLOT ON THE FIRST DAY OF EARLY VOTING.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER, AND GOOD

MORNING.

ACTING SPEAKER AUBRY: GOOD MORNING.

MR. NORRIS: WILL THE SPONSOR YIELD FOR A FEW

QUESTIONS?

NYS ASSEMBLY JUNE 10, 2023

MR. CARROLL: YES.

ACTING SPEAKER AUBRY: MR. CARROLL YIELDS.

MR. NORRIS: IN THE STATE CONSTITUTION, ISN'T IT

PROVIDED THAT THERE SHALL BE REGISTERED -- A VOTER SHOULD BE REGISTERED AT

LEAST TEN DAYS PRIOR TO ELECTION DAY?

MR. CARROLL: YES.

MR. NORRIS: AND THE CURRENT ELECTION LAW

CURRENTLY STATES THAT NO VOTER WHO IS NOT REGISTERED SHALL NOT BE

PERMITTED TO VOTE AT AN EARLY VOTING SITE; IS THAT CORRECT?

MR. CARROLL: EXCUSE ME. SAY THAT AGAIN.

MR. NORRIS: UNDER CURRENT ELECTION LAW, AT A

POLLING -- EARLY VOTING SITE, NO VOTER IS ALLOWED TO VOTE AT THAT SITE IF

THEY HAVE NOT BEEN PREVIOUSLY REGISTERED; IS THAT CORRECT?

MR. CARROLL: YES. THAT'S CURRENT LAW, YES.

MR. NORRIS: YES. BUT WE HAVE A PROBLEM RIGHT AT

THE SECOND SATURDAY BEFORE ELECTION DAY, THE FIRST DAY OF EARLY VOTING.

MR. CARROLL: WE HAVE WHAT, MR. NORRIS?

MR. NORRIS: A PROBLEM RIGHT NOW.

MR. CARROLL: WE HAVE A PROBLEM? I DON'T THINK

WE HAVE A PROBLEM. WHAT WE'RE TRYING TO DO IS TO ALLOW FOR INDIVIDUALS

WHO ARE DULY-ALLOWED TO REGISTER TO VOTE BUT ARE NOT REGISTERED BECAUSE

THE DEADLINE IS NOW TEN DAYS PRIOR TO AN ELECTION, AND THAT COINCIDES

WITH THE FIRST DAY OF EARLY VOTING TO REGISTER ON THAT DAY AND THEN VIA

AFFIDAVIT BALLOT TO VOTE.

MR. NORRIS: I GUESS THE PROBLEM, THOUGH,

NYS ASSEMBLY JUNE 10, 2023

CURRENTLY, IS THAT THERE IS A PROBLEM BECAUSE IF A PERSON GOES TO THE

EARLY VOTING SITE ON THAT FIRST SATURDAY AND THEY'RE NOT REGISTERED, THEY

CAN'T VOTE THERE; WOULD THAT BE FAIR?

MR. CARROLL: THAT -- THAT IS CORRECT.

MR. NORRIS: OKAY. AND YOU STATED EARLIER, I JUST

WANT TO CONFIRM, IF THAT PERSON REGISTERS AT THE EARLY VOTING SITE ON THAT

DAY, THEY HAVE TO VOTE ON AN AFFIDAVIT BALLOT, CORRECT?

MR. CARROLL: YES.

MR. NORRIS: ALL RIGHT. AND WAS THERE A

CONSTITUTIONAL AMENDMENT THAT WAS DEFEATED IN 2021 THAT SAID THERE

SHALL BE NO SAME-DAY VOTER REGISTRATION? WAS THAT REJECTED BY THE

VOTERS?

MR. CARROLL: THAT WAS.

MR. NORRIS: GREAT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

NORRIS.

MR. NORRIS: I -- I PROMISED MR. CARROLL I WOULD

KEEP IT LESS THAN FIVE MINUTES, AND I THINK WE'RE DOING OKAY.

ON THE BILL, MR. SPEAKER. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. NORRIS: FIND MY NOTES. I CERTAINLY RECOGNIZE

THE ISSUE AND THE PROBLEM THAT OCCURS NOW ON WHAT THEY CALL '"THE

GOLDEN DAY", WHICH IS THAT SECOND SATURDAY BEFORE ELECTION DAY

UNDER THIS QUANDARY; HOWEVER, I STILL DO HAVE CONCERNS BECAUSE UNDER

NYS ASSEMBLY JUNE 10, 2023

THE CURRENT ELECTION LAW, A VOTER CANNOT HAVE A BALLOT AT THE EARLY

VOTING SITE IF THEY'RE NOT REGISTERED. AND THERE WAS A REASON FOR THAT

WHEN THIS LAW WAS CONTEMPLATED INITIALLY; TO MAKE SURE THAT THE BOARD

OF ELECTIONS HAVE THE OPPORTUNITY TO MAKE SURE THEY VET THE VOTER

REGISTRATION FORM, MAKE SURE THAT THAT INFORMATION IS PROVIDED TO THE

ELECTION INSPECTOR AT THE EARLY VOTING SITE, AND I DO HAVE CONCERNS

ABOUT THAT, THAT THERE WOULD NOT BE A PROPER VETTING ON THAT DAY, ON THAT

GOLDEN DAY UNDER THIS BILL. I ALSO HAVE CONCERNS THAT THE VOTERS SPOKE

LOUD AND CLEAR IN 2021 AND THEY REJECTED SAME-DAY VOTER REGISTRATION.

THAT WAS AT A POLLING SITE ON ELECTION DAY. BUT THIS IS AT THE SAME

PARALLEL SCENARIO THAT SOMEONE COULD REGISTER ON THE DAY OF EARLY

VOTING AND THAT IS A CONCERN OF MINE, AND THIS SHOULD BE PUT UP FOR A

CONSTITUTIONAL AMENDMENT TO BE ADDRESSED.

AND FOR THOSE REASONS, MR. SPEAKER, I'LL BE VOTING IN

THE NEGATIVE AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A SLOW ROLL CALL HAS

BEEN REQUESTED. MEMBERS MUST COME TO THE CHAMBER AND CAST YOUR

BALLOT.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. CARROLL TO EXPLAIN HIS VOTE.

MR. CARROLL: THANK YOU, MR. SPEAKER. THIS BILL

NYS ASSEMBLY JUNE 10, 2023

VERY SIMPLY CLARIFIES CURRENT STATE LAW, MAKING SURE THAT ANY NEW

YORKER WHO SHOWS UP ON THE FIRST DAY OF EARLY VOTING CAN REGISTER TO

VOTE AND VOTE VIA AFFIDAVIT ON THAT DAY AS IT COINCIDES WITH THE 10-DAY

VOTER REGISTRATION DEADLINE THAT WE PASSED LAST YEAR IN THIS HOUSE AND

WAS SIGNED INTO LAW. THIS WILL MAKE IT EASIER FOR NEW YORKERS TO VOTE,

IT WILL MAKE EARLY VOTING ALL THAT MORE IMPORTANT, AND IT WILL BRING

MUCH- NEEDED CLARITY TO OUR CURRENT ELECTION LAW. AND FOR THAT, I VOTE

IN THE AFFIRMATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. CARROLL IN THE

AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: I WANT TO THANK THE SPONSOR FOR

FIGHTING FOR -- FOR FIGHTING VALIANTLY FOR VOTING RIGHTS, AND

COURAGEOUSLY. AND THE SPONSOR AND I AND MANY OF US SHARE THIS

OBSERVATION. WE TRUST THE VOTERS. I VOTE YES.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

(PAUSE)

MRS. PEOPLES-STOKES: MADAM CLERK, IF YOU

WOULD PLEASE RECOGNIZE OUR COLLEAGUES THAT ARE JOINING US BY ZOOM TO

ASCERTAIN THEIR VOTE.

THE CLERK: MR. GANDOLFO, FOR THE RECORD, PLEASE

STATE YOUR NAME AND HOW YOU WISH TO VOTE.

MR. GANDOLFO: JARETT GANDOLFO, I VOTE IN THE

NYS ASSEMBLY JUNE 10, 2023

NEGATIVE.

THE CLERK: MR. GANDOLFO IN THE NEGATIVE.

MR. HEVESI, FOR THE RECORD, PLEASE STATE YOUR NAME

AND HOW YOU WISH TO VOTE.

MR. HEVESI: ANDREW HEVESI, I VOTE YES.

THE CLERK: MR. HEVESI IN THE AFFIRMATIVE.

MS. LUCAS, FOR THE RECORD, PLEASE STATE YOUR NAME AND

HOW YOU WISH TO VOTE.

MS. LUCAS: NIKKI LUCAS IN THE AFFIRMATIVE.

THE CLERK: MS. LUCAS IN THE AFFIRMATIVE.

MR. MCDONOUGH, FOR THE RECORD, PLEASE STATE YOUR

NAME AND HOW YOU WISH TO VOTE.

MR. MCDONOUGH: DAVID MCDONOUGH AND I VOTE

IN THE NEGATIVE.

THE CLERK: MR. MCDONOUGH IN THE NEGATIVE.

MR. SANTABARBARA, FOR THE RECORD, PLEASE STATE YOUR

NAME AND HOW YOU WISH TO VOTE.

MR. SANTABARBARA: ANGELO SANTABARBARA. I

VOTE YES.

THE CLERK: MR. SANTABARBARA IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY JUNE 10, 2023

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE PLACE OUR HOUSE AT EASE.

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

AT EASE.

(WHEREUPON, AT 11:07 A.M., THE HOUSE STOOD AT EASE.)

* * * * *

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COLLEAGUES, IF WE COULD

GO NOW TO PAGE 3 OF THE A-CALENDAR AND BEGIN WITH RULES REPORT NO.

806.

ACTING SPEAKER AUBRY: ON THE A-CALENDAR,

PAGE 3, RULES REPORT NO. 806, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00052-B, RULES

REPORT NO. 806, MAGNARELLI, SILLITTI, JEAN-PIERRE, SHIMSKY, LEVENBERG,

EACHUS, OTIS. AN ACT TO AMEND THE INSURANCE LAW, THE WORKERS'

COMPENSATION LAW, THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW, THE

VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW AND THE GENERAL

MUNICIPAL LAW, IN RELATION TO DEDUCTIBLES OFFERED BY PUBLIC GROUP

SELF-INSURERS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

NYS ASSEMBLY JUNE 10, 2023

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01662-A, RULES

REPORT NO. 807, HUNTER, WOERNER. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW, IN RELATION TO AUTHORIZING CERTAIN MUNICIPALITIES TO

ESTABLISH AN EMERGENCY REPAIR PILOT PROGRAM; AND PROVIDING FOR THE

REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

OH. ON A MOTION BY MS. HUNTER, THE SENATE BILL IS

BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED AND THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A03089, RULES REPORT

NO. 808, PHEFFER AMATO, WOERNER, D. ROSENTHAL, THIELE, FAHY, LEE,

SIMON, SEAWRIGHT, CONRAD, WALLACE, MCMAHON. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO THE ADULT CYSTIC FIBROSIS ASSISTANCE

PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03316-B, RULES

REPORT NO. 809, J. A. GIGLIO. AN ACT IN RELATION TO AUTHORIZING THE

JAMESPORT FIRE DISTRICT TO FILE AN APPLICATION FOR EXEMPTION FROM REAL

PROPERTY TAXES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03935-A, RULES

REPORT NO. 810, RAMOS, DE LOS SANTOS, GONZ�LEZ-ROJAS,

SANTABARBARA, EICHENSTEIN. AN ACT IN RELATION TO AUTHORIZING THE

COMMISSIONER OF MOTOR VEHICLES TO ENTER INTO RECIPROCITY AGREEMENTS

100

NYS ASSEMBLY JUNE 10, 2023

WITH OTHER STATES, COUNTRIES, PROVINCES OR TERRITORIES THAT ISSUE DRIVER

LICENSES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04245, RULES REPORT

NO. 811, MCDONOUGH, BENDETT, E. BROWN, DESTEFANO. AN ACT

AUTHORIZING MAIMONIDES EDUCATIONAL CENTER TO RECEIVE RETRO --

RETROACTIVE REAL PROPERTY TAX-EXEMPT STATUS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04871-A, RULES

101

NYS ASSEMBLY JUNE 10, 2023

REPORT NO. 812, KELLES, SIMON, K. BROWN, JACOBSON, STECK,

SEAWRIGHT, SIMONE, THIELE, L. ROSENTHAL. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO REQUIRING CERTAIN STATE-OWNED AND

OPERATED PARKING FACILITIES TO INSTALL AND MAINTAIN CHARGING STATIONS FOR

PLUG-IN ELECTRIC VEHICLES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05020-A, RULES

REPORT NO. 813, HYNDMAN, GIBBS, HUNTER, EPSTEIN, WOERNER,

LEVENBERG, SIMON, TAPIA, BLUMENCRANZ, CHANG, JACKSON, L.

ROSENTHAL, SANTABARBARA. AN ACT TO INCENTIVIZE THE PURCHASE OF LOCAL

PRODUCE IN SUPERMARKETS AND GROCERY STORES THROUGH THE FRESHCONNECT

PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

102

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: ASSEMBLY NO. A05136, RULES REPORT

NO. 814, PHEFFER AMATO, AUBRY, COLTON, SANTABARBARA, LUPARDO,

PAULIN, BURDICK, CLARK, STECK, MCDONALD. AN ACT TO AMEND THE

RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO THE CALCULATION OF

FINAL AVERAGE SALARY FOR CERTAIN MEMBERS OF THE NEW YORK STATE AND

LOCAL POLICE AND FIRE RETIREMENT SYSTEM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05274, RULES REPORT

NO. 815, LEVENBERG. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO THE RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF COLD SPRING

IN THE COUNTY OF PUTNAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

103

NYS ASSEMBLY JUNE 10, 2023

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05314-A, RULES

REPORT NO. 816, BEEPHAN. AN ACT TO AMEND THE HIGHWAY LAW, IN

RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

"CHIEF DANIEL NIMHAM MEMORIAL HIGHWAY."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES -- NO. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05682-A, RULES

REPORT NO. 817, ZEBROWSKI, L. ROSENTHAL, SIMON, COLTON, REYES,

SIMONE, GONZ�LEZ-ROJAS, KELLES, MAMDANI, ARDILA, STECK, SHRESTHA,

BURDICK, SHIMSKY, GALLAGHER, STIRPE, RAMOS, OTIS, FAHY, THIELE,

CLARK, BORES, RAGA, LEVENBERG, CRUZ, ANDERSON, GLICK, EPSTEIN, LEE,

104

NYS ASSEMBLY JUNE 10, 2023

GUNTHER, SOLAGES. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION

TO ENACTING THE NEW YORK TROPICAL DEFORESTATION-FREE PROCUREMENT

ACT; AND TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO

ESTABLISHING THE SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05786, RULES REPORT

NO. 818, MCDONALD, GONZ�LEZ-ROJAS, COLTON, REYES, L. ROSENTHAL,

RAGA, DAVILA. AN ACT TO AMEND THE LEGISLATIVE LAW, IN RELATION TO

LOBBYING FOR THE CONFIRMATION OF PERSONS TO STATE OFFICE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. MCDONALD TO EXPLAIN HIS VOTE.

MR. MCDONALD: THANK YOU, MR. SPEAKER, AND

THANK YOU FOR YOUR SUPPORT AND THAT OF MY COLLEAGUES. THIS LEGISLATION

ADDRESSES A REPORTING LOOPHOLE FOR LOBBYING IN THE LEGISLATIVE LAW TO

INCLUDE ALL NON-- NOMINATIONS AND CONFIRMATIONS FOR POSITIONS SUBJECT

TO CONFIRMATION OF THE STATE SENATE. CURRENTLY, STATE LAW IS COMPLETELY

SILENT ON THE REQUIREMENT OF LOBBYISTS TO REPORT WHO IS PAYING THEM,

105

NYS ASSEMBLY JUNE 10, 2023

HOW MUCH, WHEN LOBBYING ON NOMINATIONS AND CONFIRMATIONS BY THE

NEW YORK STATE SENATE. THIS LEGISLATION REQUIRES REGULAR AND PUBLIC

DISCLOSURE OF LOBBYING ON SENATE NOMINATIONS AND CONFIRMATIONS, JUST

AS IT DOES FOR THOSE SEEKING TO INFLUENCE LEGISLATION OR ITEMS IN THE

STATE BUDGET. IT'S IMPERATIVE TO THE OPERATION OF A RESPONSIBLE

DEMOCRATIC GOVERNMENT THAT SUCH INFORMATION BE PUBLICLY AND

REGULARLY DISCLOSED. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR.

MCDONALD IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05866-B, RULES

REPORT NO. 819, BENDETT. AN ACT IN RELATION TO MAKING ELIGIBLE FOR

PROVISIONAL APPOINTMENT AND AUTHORIZING PAUL STROBEL TO TAKE THE

COMPETITIVE CIVIL SERVICE EXAMINATION FOR THE POSITION OF POLICE

OFFICER AND BE PLACED ON THE ELIGIBLE LIST FOR EMPLOYMENT AS A PART-TIME

POLICE OFFICER FOR THE COLUMBIA COUNTY SHERIFF'S OFFICE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

106

NYS ASSEMBLY JUNE 10, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06028-A, RULES

REPORT NO. 820, DESTEFANO. AN ACT AUTHORIZING THE TOWN OF

BROOKHAVEN TO ALIENATE CERTAIN PARKLANDS FOR USE AS A WET RETENTION

POND FOR MUNICIPAL DRAINAGE PURPOSES AND TO DEDICATE CERTAIN OTHER

LANDS AS PARKLANDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06050-A, RULES

REPORT NO. 821, BRONSON. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE

CONTROL LAW, IN RELATION TO PERMITTING THE SALE OR PROMOTIONAL GIFTING

OF CERTAIN COMPLEMENTARY PRODUCTS FOR WINE AND SPIRITS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

107

NYS ASSEMBLY JUNE 10, 2023

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

DAY.

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.)

MRS. PEOPLES-STOKES.

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WILL YOU

PLEASE CALL THE WAYS AND MEANS TO THE SPEAKER'S CONFERENCE ROOM?

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM, PLEASE. IMMEDIATELY. THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06098, RULES REPORT

NO. 822, E. BROWN. AN ACT IN RELATION TO AUTHORIZING THE SHULAMITH

SCHOOL FOR GIRLS TO FILE WITH THE COUNTY OF NASSAU ASSESSOR AN

APPLICATION FOR A RETROACTIVE REAL PROPERTY TAX EXEMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

108

NYS ASSEMBLY JUNE 10, 2023

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER LAVINE: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06225, RULES REPORT

NO. 823, SIMON, SHIMSKY, GIBBS, DAVILA, MCDONOUGH, CARROLL. AN

ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO CALIBRATION

CHECKS FOR WEIGH IN MOTION VIOLATION MONITORING SYSTEM.

ACTING SPEAKER LAVINE: ON A MOTION BY THE

-- ON A MOTION BY MS. SIMON, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. THE HOME RULE MESSAGE IS AT THE DESK. READ

THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LAVINE: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06275-A, RULES

REPORT NO. 824, PAULIN, SEAWRIGHT, ARDILA, MCDONALD, FORREST,

SEPTIMO, GONZ�LEZ-ROJAS, SIMONE, SOLAGES, L. ROSENTHAL, BENEDETTO,

SIMON, EPSTEIN, GLICK, ZACCARO, THIELE, AUBRY, COLTON, LEVENBERG,

REYES, ZINERMAN, DINOWITZ, STECK, DE LOS SANTOS, RAGA, OTIS. AN ACT

109

NYS ASSEMBLY JUNE 10, 2023

TO AMEND THE PUBLIC HEALTH LAW AND THE GENERAL BUSINESS LAW, IN

RELATION TO PROHIBITING MEDICAL DEBT FROM BEING COLLECTED BY A

CONSUMER REPORTING AGENCY OR INCLUDED IN A CONSUMER REPORT.

ACTING SPEAKER LAVINE: WELL, STILL. ON A

MOTION BY THE SENATE -- BY MS. PAULIN, THE SENATE BILL IS BEFORE THE

HOUSE. THE SENATE BILL IS ADVANCED AND LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06347-B, RULES

REPORT NO. 825, WEPRIN. AN ACT IN RELATION TO AUTHORIZING AND

EMPOWERING CREF TO COMBINE WITH TIAA, WITH TIAA CONTINUING IN

EXISTENCE AS THE SURVIVING ENTITY FOLLOWING SUCH COMBINATION AND WITH

CREF CEASING TO BE A CORPORATE ENTITY; AND TO REPEAL CHAPTER 124 OF

THE LAWS OF 1952, RELATING TO INCORPORATING COLLEGE RETIREMENT

EQUITIES FUND FOR THE BENEFIT OF THE TEACHING PROFESSION.

ACTING SPEAKER LAVINE: ON A MOTION BY MR.

WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE AND THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LAVINE: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06706, RULES REPORT

NO. 826, MANKTELOW, MILLER, SMULLEN, BRABENEC, DESTEFANO. AN ACT

110

NYS ASSEMBLY JUNE 10, 2023

GRANTING RETROACTIVE MEMBERSHIP IN THE NEW YORK STATE AND LOCAL

EMPLOYEES' RETIREMENT SYSTEM TO JUSTIN WHITMORE.

ACTING SPEAKER LAVINE: ON A MOTION BY MR.

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

ADVANCED AND THE HOME RULE MESSAGE IS AT THE DESK. READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LAVINE: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BORES TO EXPLAIN HIS VOTE.

MR. BORES: THANK YOU, MR. SPEAKER. I RISE TO

COMMEND MY COLLEAGUE FOR THIS GREAT BILL, FIGHTING FOR HIS CONSTITUENTS.

THIS BILL WAS VETOED BY THE GOVERNOR LAST YEAR AND HASN'T BEEN

SUBSTANTIALLY CHANGED. AND I KNOW THERE'S MANY IN THIS CHAMBER THAT

BELIEVE WE SHOULDN'T RETAKE VOTES ON BILLS THAT WERE VETOED BY THE

GOVERNOR, AND I'M PROUD OF MY COLLEAGUE FOR STANDING UP AND PUSHING

THIS THOUGH ANYWAY. IN PARTICULAR, IT WAS VETOED FOR BEING AN UNFUNDED

MANDATE, AND I KNOW THERE'S MANY IN THIS CHAMBER THAT DON'T BELIEVE

IN FIGHTING FOR ANY UNFUNDED MANDATES, BUT MY COLLEAGUE SAID, NO, HIS

CONSTITUENTS ARE MORE IMPORTANT, AND I COMMEND HIM FOR DOING THAT

AND PROUDLY VOTE YES.

ACTING SPEAKER LAVINE: THANK YOU, MR.

BORES.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

111

NYS ASSEMBLY JUNE 10, 2023

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06721, RULES REPORT

NO. 827, TAGUE. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION LAW,

IN RELATION TO EXEMPTING THE LEEDS HOSE COMPANY NO. 1, INC. FROM THE

REQUIREMENT THAT THE PERCENTAGE OF NONRESIDENT FIRE DEPARTMENT

MEMBERS NOT EXCEED 45 PERCENT OF THE MEMBERSHIP.

ACTING SPEAKER LAVINE: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LAVINE: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06749, RULES REPORT

NO. 828, PHEFFER AMATO. AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW, IN RELATION TO DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A

RETIREMENT SYSTEM IN CERTAIN CITIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

112

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06755, RULES REPORT

NO. 829, PHEFFER AMATO. AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW, IN RELATION TO DISABILITIES OF DEPUTY SHERIFFS IN CERTAIN CITIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06776-A, RULES

REPORT NO. 830, SLATER. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW,

IN RELATION TO PERMITTING THE TOWN OF PUTNAM VALLEY, PUTNAM COUNTY,

TO LEASE CERTAIN SPORT FIELD FENCES FOR ADVERTISEMENTS.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

113

NYS ASSEMBLY JUNE 10, 2023

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06915, RULES REPORT

NO. 831, DESTEFANO. AN ACT TO AMEND CHAPTER 638 OF THE LAWS OF

2022 RELATING TO AUTHORIZING THE TOWN OF BROOKHAVEN, COUNTY OF

SUFFOLK ASSESSOR TO ACCEPT AN APPLICATION FOR A REAL PROPERTY TAX

EXEMPTION FROM WORD OF TRUTH CHURCH, INC., IN RELATION TO MAKING

TECHNICAL CORRECTIONS THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07006-B, RULES

114

NYS ASSEMBLY JUNE 10, 2023

REPORT NO. 832, BRABENEC. AN ACT IN RELATION TO AUTHORIZING

CONGREGATION RSK TO RECEIVE RETROACTIVE REAL PROPERTY TAX-EXEMPT

STATUS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07208, RULES REPORT

NO. 833, LEVENBERG, BURDICK, OTIS, BARRETT, ZACCARO, EPSTEIN, SILLITTI,

SAYEGH, JACOBSON, SHIMSKY, EACHUS, SHRESTHA, SIMONE, THIELE,

COLTON, GONZ�LEZ-ROJAS, ZEBROWSKI, MCDONALD, SIMON, L. ROSENTHAL,

KELLES, PAULIN, CARROLL, LUNSFORD, WOERNER, TAYLOR, STECK,

CUNNINGHAM, NOVAKHOV, MCDONOUGH, DE LOS SANTOS, FAHY. AN ACT

TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

DECOMMISSIONING NUCLEAR POWER PLANT DISCHARGES INTO THE HUDSON

RIVER.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07311, RULES REPORT

NO. 834, PHEFFER AMATO. AN ACT TO AMEND THE -- THE ADMINISTRATIVE

115

NYS ASSEMBLY JUNE 10, 2023

CODE OF THE CITY OF NEW YORK, IN RELATION TO DUAL RETIREMENT SYSTEM

MEMBERSHIP IN THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE

NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK

CITY BOARD OF EDUCATION RETIREMENT SYSTEM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07356-A, RULES

REPORT NO. 835, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO GROUP CAPITAL CALCULATIONS, LIQUIDITY STRESS TESTS AND

CONFIDENTIALITY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

116

NYS ASSEMBLY JUNE 10, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07374, RULES REPORT

NO. 836, PAULIN. AN ACT TO ALLOW TAMMY SCIAVILLO, WIFE OF DECEASED

FIREFIGHTER VITO SCIAVILLO, TO FILE AN APPLICATION FOR CONTINUATION OF

STATE HEALTH INSURANCE BENEFITS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07375-A, RULES

REPORT NO. 837, LUPARDO, PEOPLES-STOKES, BRONSON, WOERNER, THIELE,

KELLES. AN ACT TO AMEND THE CANNABIS LAW, IN RELATION TO AUTHORIZING

CONDITIONAL ADULT-USE CULTIVATOR AND PROCESSOR LICENSEES TO SELL TESTED,

PACKAGED AND SEALED CANNABIS PRODUCTS AND CANNABIS TO A

CANNABIS-DISPENSING FACILITY LICENSED BY A TRIBAL NATION FOR RETAIL SALE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

117

NYS ASSEMBLY JUNE 10, 2023

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECALL

-- RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07409-A, RULES

REPORT NO. 838, MORINELLO. AN ACT TO AMEND CHAPTER 584 OF THE LAWS

OF 1996 RELATING TO INCORPORATION OF THE WHEATFIELD VOLUNTEER

FIREFIGHTER'S BENEVOLENT ASSOCIATION AND PROVIDING FOR ITS POWERS AND

DUTIES, IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE INSURANCE

PREMIUM TAXES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07414, RULES REPORT

118

NYS ASSEMBLY JUNE 10, 2023

NO. 839, PHEFFER AMATO. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF

THE CITY OF NEW YORK, IN RELATION TO HEALTH INSURANCE COVERAGE FOR

SURVIVING SPOUSES OR DOMESTIC PARTNERS OF MEMBERS OF THE NEW YORK

CITY FIRE DEPARTMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07418-A, RULES

REPORT NO. 840, K. BROWN. AN ACT TO AMEND CHAPTER 535 OF THE LAWS

OF 1968 RELATING TO THE INCORPORATION OF THE DEER PARK VOLUNTEER

EXEMPT FIREMEN'S BENEVOLENT ASSOCIATION, AND PROVIDING FOR ITS

POWERS AND DUTIES, IN RELATION TO THE SOURCE OF TAX REVENUES PAID TO

SUCH ASSOCIATION FOR FIRE DEPARTMENT USE AND BENEFIT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

119

NYS ASSEMBLY JUNE 10, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07456-A, RULES

REPORT NO. 841, BENEDETTO. AN ACT TO AMEND THE GENERAL BUSINESS

LAW, IN RELATION TO PROHIBITING RESIDENTIAL AND COMMERCIAL PROPERTIES

FROM OPERATING DIGITAL BILLBOARDS OR SIGNS THAT USE FLASHING,

INTERMITTENT OR MOVING LIGHTS NEAR CERTAIN MITCHELL-LAMA HOUSING.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07609, RULES REPORT

NO. 842, PHEFFER AMATO. AN ACT TO AMEND CHAPTER 756 OF THE LAWS OF

2021 CREATING A TEMPORARY "COMMISSION TO PREVENT CHILDHOOD

DROWNING" TO IMPROVE WATER SAFETY IN NEW YORK STATE, IN RELATION TO

THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

120

NYS ASSEMBLY JUNE 10, 2023

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07633-A, (SHE SAID IT

WRONG) RULES REPORT NO. 843, MAHER. AN ACT IN RELATION TO ENACTING

THE "VILLAGE OF WASHINGTONVILLE DEFICIT FINANCING ACT."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07668, RULES REPORT

NO. 844, PHEFFER AMATO. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO UPDATING CERTAIN DEATH BENEFIT PROVISIONS

121

NYS ASSEMBLY JUNE 10, 2023

OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK

CITY TEACHERS' RETIREMENT SYSTEM AND THE BOARD OF EDUCATION

RETIREMENT SYSTEM OF NEW YORK CITY TO ENSURE CONTINUED COMPLIANCE

WITH THE FEDERAL OLDER WORKERS' BENEFIT PROTECTION ACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07673-A, RULES

REPORT NO. 845, BICHOTTE HERMELYN. AN ACT TO AMEND THE NEW YORK

CITY CHARTER, THE EDUCATION LAW, THE PUBLIC HOUSING LAW AND THE

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION ACT, IN RELATION TO

CONSTRUCTION AND MENTORING PROGRAMS; AND PROVIDING FOR THE REPEAL OF

CERTAIN PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BICHOTTE HERMELYN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

122

NYS ASSEMBLY JUNE 10, 2023

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07677, RULES REPORT

NO. 846, ZINERMAN, JOYNER, BICHOTTE HERMELYN, TAPIA, SOLAGES,

SIMONE, ALVAREZ, TAYLOR, JEAN-PIERRE, JACKSON, CHANDLER-WATERMAN,

GIBBS, DE LOS SANTOS, DARLING, ARDILA, ANDERSON, BURGOS, DAVILA,

LUCAS, ZACCARO, REYES. AN ACT TO AMEND THE NEW YORK CITY CHARTER,

THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW, THE LABOR LAW, THE

PUBLIC AUTHORITIES LAW AND THE NEW YORK CITY HEALTH AND HOSPITALS

CORPORATION ACT, IN RELATION TO PROVIDING FOR EMPLOYMENT

OPPORTUNITIES FOR ECONOMICALLY-DISADVANTAGED CANDIDATES AND

ECONOMICALLY-DISADVANTAGED REGION CANDIDATES AND APPRENTICESHIP

UTILIZATION ON PUBLIC TRANSACTIONS; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

123

NYS ASSEMBLY JUNE 10, 2023

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. ZINERMAN ON -- TO EXPLAIN HER VOTE.

MS. ZINERMAN: MR. SPEAKER, THANK YOU FOR

ALLOWING ME TO EXPLAIN MY VOTE. THIS IS A BANNER DAY IN THE

ASSEMBLY, NOT JUST BECAUSE WE'VE BEEN HERE FOR 48 HOURS, BUT BECAUSE

WE ARE ABOUT TO BE PRESENTED WITH A WONDERFUL PIECE OF LEGISLATION THAT

AIMS TO PROMOTE THE ECONOMIC OPPORTUNITIES AND EQUITY FOR ALL NEW

YORKERS. THE COMMUNITY HIRING BILL, WHICH HAS BEEN CAREFULLY

CRAFTED AND CONSIDERED, ESTAB -- SEEKS TO ESTABLISH EMPLOYMENT GOALS

WITHIN THE FRAMEWORK OF THE PROGRAM ESTABLISHED UNDER SECTION 3502

OF THE NEW YORK CITY CHARTER. BY DOING SO, WE ASPIRE TO CREATE A

MORE INCLUSIVE AND FAIR JOB MARKET, ENSURING THAT ECONOMIC

ADVANTAGES ARE NOT LIMITED TO A SELECT FEW, BUT ARE ACCESSIBLE TO ALL

RESIDENTS. IN OUR DIVERSE AND VIBRANT CITY, ECONOMIC DISPARITIES

PERSIST, AND BLACK AND BROWN COMMUNITIES CONTINUE TO FACE

SIGNIFICANT CHALLENGES. THIS BILL ADDRESSES THESE ISSUES BY REQUIRING

THE ESTABLISHMENT OF EMPLOYMENT GOALS FOR TRANSACTIONS SUBJECT TO THIS

PROGRAM. THESE GOALS WILL HELP FOSTER JOB OPPORTUNITIES FOR

ECONOMICALLY-DISADVANTAGED CANDIDATES AND THOSE IN ECONOMICALLY-

DISADVANTAGED REGIONS, PROVIDING THEM WITH A PATHWAY TO ECONOMIC

STABILITY AND PROSPERITY. TO ENSURE THE EFFECTIVENESS OF THIS PROGRAM,

THE BILL ALSO INCLUDES PROVISIONS FOR REPORTING, MONITORING AND PROGRESS

TRACKING. REGULAR REPORTS WILL BE PUBLISHED, AND PROVIDING

INFORMATION ON THE PROGRESS MADE BY CONTRACTORS AND SUBCONTRACTORS

124

NYS ASSEMBLY JUNE 10, 2023

TOWARD MEETING EMPLOYMENT GOALS. THIS TRANSPARENCY WILL ENABLE US

TO ASSESS THE PROGRAM'S IMPACT AND MAKE NECESSARY ADJUSTMENTS TO

ACHIEVE OUR OBJECTIVES. MOREOVER, THIS BILL EMPHASIZES THE IMPORTANCE

OF THE BEST EFFORTS FROM CONTRACTORS AND SUBCONTRACTORS IN MEETING

EMPLOYMENT GOALS. THEY WILL BE REQUIRED TO REVIEW AND CONSIDER

ECONOMICALLY-DISADVANTAGED CANDIDATES IN GOOD FAITH. THEY WILL ALSO

BE ENCOURAGED TO ADVERTISE EMPLOYMENT OPPORTUNITIES AND COLLABORATE

WITH REFERRAL SOURCES AND APPRENTICESHIP PROGRAMS.

OKAY. SO I WANT TO -- SINCE I'VE RUN OUT OF TIME, I

WANT TO SAY THANK YOU TO PHIL THOMPSON, WHO WAS THE BRAINCHILD OF

THIS PARTICULAR PIECE OF LEGISLATION IN THE NEW YORK CITY COUNCIL, FOR

THE MAYOR FOR PICKING IT UP, FOR -- TO THE SPEAKER AND HIS STAFF FOR

USHERING IT IN AT THE LAST HOUR. CERTAINLY, TO THE MEMBERS OF THE

CAUCUS, MY SISTER BICHOTTE HERMELYN FOR ALLOWING ME TO SHEPHERD THIS

IN, AND CERTAINLY TO ALL THE MEMBERS OF THE NEW YORK STATE BLACK

LEGISLATIVE CAUCUS FOR THEIR CONTINUED SUPPORT. THANK --

ACTING SPEAKER AUBRY: AND HOW DO YOU

VOTE?

MS. ZINERMAN: -- YOU, AND I VOTE AYE.

ACTING SPEAKER AUBRY: MS. ZINERMAN IN THE

AFFIRMATIVE. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07679, RULES REPORT

125

NYS ASSEMBLY JUNE 10, 2023

NO. 847, PHEFFER AMATO. AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW, IN RELATION TO INCLUDING THYROID CANCER IN THE LIST OF CANCERS

PRESUMED TO BE INCURRED IN THE PERFORMANCE OF DUTY FOR PURPOSES OF

DISABILITY RETIREMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07685, RULES REPORT

NO. 848, BURGOS, BRAUNSTEIN. AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW, IN RELATION TO ELECTRONIC BIDDING.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT MARCH 1,

2024.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

126

NYS ASSEMBLY JUNE 10, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07756, RULES REPORT

NO. 849, PALMESANO. AN ACT TO AUTHORIZE THE COMMISSIONER OF

GENERAL SERVICES TO TRANSFER AND CONVEY CERTAIN UNAPPROPRIATED STATE

LAND TO THE TOWN OF ROMULUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07763, RULES REPORT

NO. 850, HUNTER. AN ACT RELATING TO A TEMPORARY IN REM FORECLOSURE

MORATORIUM; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

PAGE 3, RULES REPORT NO. 807, THE CLERK WILL READ.

127

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: SENATE [SIC] NO. A05207-B, RULES

REPORT NO. 807, HUNTER, WOERNER. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW, IN RELATION TO AUTHORIZING CERTAIN MUNICIPALITIES TO

ESTABLISH AN EMERGENCY REPAIR PILOT PROGRAM; AND PROVIDING FOR THE

REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I WILL BE OPPOSING

THIS BILL AND IF I COULD I'D VOTE MORE THAN ONCE IN THE NEGATIVE. THIS IS

ABSOLUTELY ONE OF THE MOST -- ONE OF THE WORST BILLS I HAVE SEEN IN MY

CAREER HERE ON SO MANY LEVELS. IT'S ALMOST AS IF YOU TOOK A CHECKLIST

AND SAID, HOW MANY CONSTITUTIONAL DUE PROCESS PRINCIPLES CAN WE

VIOLATE? AND FOR THOSE WHO ARE INTERESTED IN LISTENING, THAT TAKES LESS

THAN TWO MINUTES. THIS BILL ALLOWS MUNICIPALITIES TO MAKE REPAIRS ON A

HOUSE UNDER A EMERGENCY REPAIR PROGRAM; THERE'S NO DEFINITION OF

WHAT'S AN EMERGENCY. IT ALLOWS A MUNICIPALITY TO MAKE THOSE REPAIRS

WITHOUT NOTICE TO THE HOMEOWNER OR THE LANDOWNER, WHICH MEANS THE

MUNICIPALITY CAN SEND PEOPLE ONTO PRIVATE PROPERTY WITH NO WARRANT,

NO HEARING, NO NOTICE AND MAKE REPAIRS UNDER AN OBNOXIOUS STANDARD

OF WHAT THEY THINK MIGHT BE AN EMERGENCY. AND THEN TO TOP IT OFF,

128

NYS ASSEMBLY JUNE 10, 2023

THEY, UNDER THIS BILL, CAN BILL THE HOMEOWNER FOR THE REPAIRS. NO

RESTRICTIONS ON HOW THE REPAIRS ARE GOING TO BE MADE, NO CONSULTATION

WITH THE HOMEOWNER, NO COMPETITIVE BIDDING, NOTHING. WHY DON'T WE

JUST TAKE AN INVITATION, SEND IT OUT AND SAY, PLEASE, COME TO COURT AS WE

SUE YOU FOR VIOLATING ALMOST EVERY CONCEIVABLE DUE PROCESS

PROTECTIONS THAT HOMEOWNERS SHOULD BE ENTITLED TO. AND SO, WHEN YOU

GO HOME AND YOU GET A CALL FROM A HOMEOWNER WHO FOUND OUT THAT

THERE WERE PEOPLE ON HIS PROPERTY WITHOUT HIS PERMISSION MAKING

REPAIRS AT HIS EXPENSE TO MEET THEIR IDEAS ON WHAT OUGHT TO BE DONE,

JUST REMIND THEM, IT'S COMPLEMENTS OF THE NEW YORK STATE LEGISLATURE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 12 -- MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

NOW GO TO RULES REPORT NO. 570 BY MS. SIMON, 613 BY MR. BURDICK,

750 BY MS. GONZ�LEZ -- GONZ�LEZ-ROJAS, 675 BY MR. THIELE -- 765,

THAT ONE WAS IN THE BOX, MR. SPEAKER.

ACTING SPEAKER AUBRY: PAGE 12, RULES

REPORT NO. 570, THE CLERK WILL READ.

THE CLERK: SENATE NO. S06519-A, RULES REPORT

NO. 570, SENATOR KAVANAGH (SIMON, WEPRIN, DICKENS, THIELE, STECK,

129

NYS ASSEMBLY JUNE 10, 2023

DESTEFANO, DAVILA, STIRPE, ARDILA, DINOWITZ, MCDONALD, NOVAKHOV --

A1565A). AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

ESTABLISHING A DEADLINE FOR CHANGING THE LOCATION OF A POLLING PLACE FOR

AN EARLY VOTING PERIOD.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. NORRIS TO EXPLAIN HIS VOTE.

MR. NORRIS: THANK YOU, MR. SPEAKER. I HAD THE

OPPORTUNITY TO DISCUSS THIS BILL WITH THE SPONSOR. I AM GOING TO BE

SUPPORTING THIS BILL. I JUST WANT TO PUT IN THE RECORD THAT I STILL HAVE

CONCERNS THAT IT MAY BE COSTLY FOR THE BOARD OF ELECTIONS IF AS PART OF

THEIR COMMUNICATION PLAN THERE'S A MAILING THAT WOULD BE REQUIRED

PARTICULARLY IN UPSTATE COMMUNITIES. SO I'M JUST GOING TO PUT THAT INTO

THE RECORD, MAYBE WE CAN SEE SOME CLARIFICATION IN A CHAPTER

AMENDMENT OR CLARIFICATION FROM THE BOARD OF ELECTIONS WHEN THEY DO

THIS, BUT OTHERWISE I WILL BE SUPPORTING THIS BILL BECAUSE I THINK

NOTIFICATION WOULD BE APPROPRIATE IF A POLLING SITE WAS SHUT DOWN.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.

NORRIS IN THE AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. YOU KNOW,

130

NYS ASSEMBLY JUNE 10, 2023

EARLY VOTING HAS BECOME SO MUCH MORE WIDELY USED IN THE LAST DECADE

THAN EVER BEFORE. AND WHEN CHANGES OCCUR REGARDING LOCATIONS OF

EARLY VOTING SITES IT'S IMPORTANT THAT CITIZENS BE NOTIFIED IN A TIMELY

MANNER PRIOR TO THOSE DEADLINES. CURRENTLY THERE'S NO LAW THAT

STANDARDIZES THE TIME FRAME. SO THIS DISCREPANCY IS FIXED WITH THIS BILL

SO THAT INDIVIDUALS HAVE THE INFORMATION THAT THEY NEED TO PARTICIPATE IN

THE VOTING PROCESS AND ARE MADE AWARE OF THE PHYSICAL LOCATION OF THE

EARLY VOTING SITES IN THEIR DISTRICTS. AND IT LEAVES TO THE LOCAL BOARD OF

ELECTIONS TO CREATE A PLAN FOR COMMUNICATING BECAUSE SOMETIMES THESE

THINGS HAPPEN ON SHORT NOTICE AND IT'S IMPORTANT THAT THE LOCAL BOARDS

OF ELECTION HAVE A PLAN TO REACH OUT TO THEIR VOTERS. SO THANK YOU VERY

MUCH. I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 13, RULES REPORT NO. 613, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00345-C, RULES

REPORT NO. 613, BURDICK, WEPRIN. AN ACT TO AMEND THE INSURANCE

LAW, IN RELATION TO REQUIRING CERTAIN NOTICES BE POSTED AND PROVIDED

REGARDING LONG-TERM CARE INSURANCE POLICY CHANGES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

131

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BLANKENBUSH TO EXPLAIN HIS VOTE.

MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.

THIS BILL, WHEN IT WAS GOING THROUGH THE INSURANCE COMMITTEE WE

WERE A MINORITY IN THE NEGATIVE ON THIS BILL. THERE WERE FOUR AREAS OF

CONCERN THAT WE HAD ON THIS BILL. THE SPONSOR OF THE BILL, THE WAY I

UNDERSTAND WAS LAST WEEKEND WORKED ON CORRECTING THOSE FOUR AREAS

THAT WERE ON THE BILL. THREE OF THOSE AREAS OF THE FOUR WERE COMPLETELY

AMENDED AND ACCEPTABLE TO MAKE THIS BILL A VERY GOOD BILL. AND MR.

SPEAKER, ANY TIME THAT WE COULD GET THREE OUT OF FOUR AREAS IN A BILL

AMENDED IN THE SAME SESSION, I CONSIDER THAT A WIN. AND SO FORTH, I

WANT TO THANK THE SPEAK -- THE SPONSOR OF THE BILL. I KNOW THAT HE

WORKED LAST WEEKEND ON AMENDING THIS BILL. AND I -- I BELIEVE IT'S A

VERY GOOD BILL NOW AND I WILL BE SUPPORTING IT. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU SO VERY

MUCH.

MR. BURDICK.

MR. BURDICK: THANK YOU, MR. SPEAKER, ON THE

BILL. FIRST OF ALL, THANK YOU FOR THOSE KIND WORDS, THOUGH I DO HAVE TO

GIVE THE PRIMARY CREDIT TO THE SENATE SPONSOR OF THIS BILL, SHELLEY

MAYER, WHO WORKED VERY CLOSELY WITH THOSE WHO WOULD BE EFFECTED BY

132

NYS ASSEMBLY JUNE 10, 2023

THE BILL. AND SO I DO FEEL THAT WHAT WE HAVE HERE IS ONE THAT PROVIDES A

GREAT DEAL MORE NOTICE TO THE PUBLIC AND TO THE POLICYHOLDERS, BUT

WHILE AT THE SAME TIME RECOGNIZING AND TRYING TO BE MINDFUL OF THE

CONCERNS OF THE INSURANCE INDUSTRY. AND SO I VOTE IN THE AFFIRMATIVE.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MR. BLANKENBUSH AND

MR. BURDICK IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 18, RULES REPORT NO. 750, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. S00580-A, RULES

REPORT NO. 750, SENATOR HOLYMAN-SIGAL (GONZ�LEZ-ROJAS, ANDERSON,

CUNNINGHAM, DE LOS SANTOS, ZINERMAN, SEAWRIGHT, SHIMSKY,

BURDICK, CLARK, ARDILA, AUBRY, LAVINE, EPSTEIN, HEVESI, SILLITTI,

SIMON, CARROLL, TAPIA, THIELE, DARLING, CHANDLER-WATERMAN, FORREST,

CRUZ, JEAN-PIERRE, L. ROSENTHAL, LUNSFORD, GALLAGHER, DINOWITZ,

SIMONE, MITAYNES, ZACCARO, RAGA -- A2893A). AN ACT TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO THE PROVISION OF AND PAYMENT FOR

VIOLENCE PREVENTION PROGRAMS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

133

NYS ASSEMBLY JUNE 10, 2023

MR. JENSEN TO EXPLAIN HIS VOTE.

MR. JENSEN: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. I WILL BE SUPPORTING THIS BILL. COMMUNITIES ACROSS OUR STATE,

INCLUDING THE ROCHESTER/ MONROE COUNTY AREA, ARE SUFFERING FROM

ILLEGAL ACTORS PERPETRATING VIOLENCE AGAINST COMMUNITY MEMBERS. AND

CERTAINLY THE STATE SHOULD LOOK AT CREATIVE WAYS TO WORK TO SOLVE THIS

VIOLENCE THAT IS PLAUGING OUR COMMUNITIES. I AM CONCERNED ABOUT THE

EXPANSION OF THE STATE'S MEDICAID PROGRAM FURTHER AWAY FROM ITS

ORIGINAL INTENTION. WE HAVE A MEDICAID PROGRAM THAT IS NOT EFFICIENT,

IT'S NOT EFFECTIVE, IT DOES NOT TRULY COVER THE COST OF HEALTHCARE AND THE

THINGS THAT IT REIMBURSES. WHILE THIS WOULD EXPAND OUR MEDICAID

PROGRAM, IT DOES SO ON A VERY LIMITED BASIS WITH THE MAJORITY OF THE

FUNDING COMING VIA FEDERAL DOLLARS THAT THE PRESIDENT HAS ALREADY

SIGNIFIED WILL BE APPROVED. SO WHILE I AM SUPPORTIVE OF THIS MEASURE

TODAY, WE NEED TO MAKE SURE THAT WE ARE NOT SETTING A PRECEDENT WHERE

WE'RE USING THE STATE'S MEDICAID DOLLARS TO FUND PROGRAMS THAT ARE

FURTHER AND FURTHER AWAY FROM THE ORIGINAL INTENT OF THE PROGRAM. AND

WITH THAT I WILL VOTE AYE.

ACTING SPEAKER AUBRY: MR. JENSEN IN THE

AFFIRMATIVE.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

YOU KNOW, EVERY TIME I GET A PHONE CALL FROM MY POLICE PRECINCT IT

FEELS LIKE A PUNCH IN THE GUT. IT IS ALWAYS NEWS OF ANOTHER LIFE LOST TO

GUN VIOLENCE IN MY DISTRICT. IN AN AVERAGE YEAR GUN VIOLENCE IN NEW

134

NYS ASSEMBLY JUNE 10, 2023

YORK KILLS 870 PEOPLE AND WOUNDS OVER 2,600 PEOPLE. I RECENTLY

JOINED MY COLLEAGUES AS MOTHERS STOOD IN THE CAPITOL USING THE PAIN

AND LOSS OF THEIR CHILDREN TO GUN VIOLENCE IN ORDER TO PUSH FOR POLICY

CHANGE. TODAY'S VOTE IS FOR THOSE MOMS. GUN VIOLENCE IS A PUBLIC

HEALTH CRISIS AND REQUIRES PUBLIC HEALTH SOLUTIONS. AMONGST VICTIMS OF

GUNSHOT WOUNDS, NEARLY 2 OUT OF 3 ARE EITHER ON MEDICAID OR

UNINSURED. THE WHITE HOUSE RECOMMENDS THAT STATE USED MEDICAID TO

REIMBURSE COMMUNITY VIOLENCE INTERVENTION THAT SERVES THESE VICTIMS.

SO THIS IS WHAT THIS BILL DOES. IT REACHES THOSE VICTIMS IN THE HOSPITAL

AND ENSURES THAT THEY RECEIVE PROVEN TOOLS TO END RETALIATORY CYCLES OF

COMMUNITY VIOLENCE. THIS KEEPS COMMUNITIES SAFE AND PROVIDE

MENTAL HEALTH AND PEER COUNSELING SUPPORT NECESSARY TO HEAL. GUN

VIOLENCE ALSO HAS ECONOMIC CONSEQUENCES. ONE STUDY ESTIMATES

COST-SAVINGS OF HOSPITAL VIOLENCE AND DIRECTOR PROGRAMS WAS $4

MILLION PER YEAR, PER HOSPITAL. THIS IS FISCALLY RESPONSIBLE AND MOST

IMPORTANTLY CAN LEAD TO A REDUCTION OF SHOOTINGS. SO I WANT TO THANK

THE SPEAKER FOR PRIORITIZING PUBLIC SAFETY. I WANT TO THANK THE

ADVOCACY GROUPS FOR THEIR INCREDIBLE LEADERSHIP. NEW YORKERS AGAINST

GUN VIOLENCE, EVERYTOWN FOR GUN SAFETY, BRADY UNITED, COMMUNITY

JUSTICE ACTION FUND, GIFFORDS, KINGS AGAINST VIOLENCE INITIATIVE AND

THE HEALTH ALLIANCE FOR VIOLENCE INTERVENTION. WE WILL NOT REST UNTIL

WE SEE THE DAY WHEN GUN VIOLENCE IS NO MORE IN NEW YORK STATE. I

PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

IN THE AFFIRMATIVE.

135

NYS ASSEMBLY JUNE 10, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 765, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. S05881-A, RULES

REPORT NO. 765, SENATOR SKOUFIS (THIELE, NORRIS, BARRETT, WOERNER,

J.A. GIGLIO, RIVERA, KELLES, WALLACE, SMITH, GANDOLFO, BRABENEC,

HUNTER, STECK, SANTABARBARA, MEEKS, L. ROSENTHAL -- A5549A). AN

ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO MANUFACTURED HOME

PARKS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. WOERNER TO EXPLAIN HER VOTE.

MS. WOERNER: THANK YOU, MR. SPEAKER, FOR

AFFORDING ME THIS OPPORTUNITY TO EXPLAIN MY VOTE. SARATOGA COUNTY

HAS THE MOST MOBILE HOME PARKS OF ANY PART OF THE STATE. AND FRANKLY

THEY'RE SUFFERING FROM A PUSH FOR OVERDEVELOPMENT. SO I WANT TO THANK

THIS SPONSOR OF THIS BILL FOR BRINGING THIS VERY PRACTICAL COMMONSENSE

APPROACH TO THE FLOOR AND THANK YOU TO ALL MY -- MY COLLEAGUES FOR

SUPPORTING THIS ON BEHALF OF THE MOBILE HOME PARK TENANTS ACROSS

SARATOGA COUNTY, THANKS. AND I VOTE IN THE AFFIRMATIVE.

136

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MR. THIELE TO EXPLAIN HIS VOTE.

MR. THIELE: TO EXPLAIN MY VOTE. I JUST WANT TO

EXPRESS THANKS. THIS WAS A BIPARTISAN BILL IF YOU LOOK AT THE

SPONSORSHIP AND I ESPECIALLY WANT TO THANK ASSEMBLYMEMBER GIGLIO

WHO ON THE EAST END OF LONG ISLAND WE SHARE A LOT OF THESE MOBILE

HOME AND MANUFACTURED PARKS. AND AT THE OPPOSITE END OF THE STATE,

ASSEMBLYMEMBER NORRIS ALL FOR THEIR FOR HELP IN MAKING SURE THIS BILL

COULD COME TO THE FLOOR AND BE CONSIDERED TODAY AND ALSO ON OUR SIDE

OF THE AISLE ASSEMBLYMEMBER CARRIE WOERNER. SO I JUST WANT TO THANK

ALL OF YOU FOR THE BIPARTISAN EFFORT FOR THE LEADERSHIP ON BOTH SIDES OF

THE AISLE SO THAT THIS BILL COULD BE CONSIDERED TODAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. THIELE IN THE

AFFIRMATIVE.

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER. YES, I

WOULD ALSO LIKE TO THANK MY COLLEAGUE ON THE OTHER SIDE OF THE AISLE

WHO HELPED GET THIS LEGISLATION OVER THE LINE AND TO A VOTE TODAY. IT IS

AGAIN, I'LL SAY VERY IMPORTANT FOR OUR SENIOR CITIZENS AND OUR

MANUFACTURED HOME PARKS AND OUR FAMILY PARKS TO MAKE SURE THESE

PEOPLE AREN'T DISPLACED FROM OUT-OF-STATE PARK OWNERS THAT ARE LOOKING

FOR HIGHER AND BETTER USES FOR THE PROPERTY AND IT WOULD DISPLACE 2,500

-- THOUSANDS OF PEOPLE IN MY DISTRICT AND ALSO IN MY COLLEAGUE'S

DISTRICT. SO I WANT TO THANK HIM FOR ACKNOWLEDGING THE GOVERNOR'S

137

NYS ASSEMBLY JUNE 10, 2023

VETO FOR CORRECTING THE BILL AND FOR GETTING A BETTER BILL SO NOW TENANTS

IN MANUFACTURED HOME PARKS WILL NOW HAVE 60 DAYS TO NOTIFY A

PROPERTY OWNER WHETHER OR NOT THEY WOULD BE INTERESTED IN BUYING THE

PROPERTY. SO IT WOULD GIVE THEM THE RIGHT OF FIRST REFUSAL. I THINK 60

DAYS IS NOT A LONG TIME FOR A LANDLORD TO WAIT BEFORE DISPLACING

HUNDREDS OF PEOPLE. SO THANK YOU, MR. SPEAKER, AND THANK YOU TO MY

COLLEAGUES ON THE OTHER SIDE OF THE AISLE.

ACTING SPEAKER AUBRY: MS. GIGLIO IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

NOW CALL OUR ATTENTION TO RULES REPORT NO. 618 BY, NO -- 620 BY MS.

PHEFFER AMATO; 596 BY MS. REYES; 422 BY MS. WALKER; 747 BY MS.

WEINSTEIN AND 618 BY MS. JOYNER ON THE BILL.

ACTING SPEAKER AUBRY: THANK YOU.

RULES RE -- ON PAGE 14, RULES REPORT NO. 620, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03748-A, RULES

REPORT NO. 620, PHEFFER AMATO, BRONSON, GUNTHER, COLTON, BRABENEC,

REYES. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO HEARING

PROCEDURES FOR CERTAIN PUBLIC EMPLOYEES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

138

NYS ASSEMBLY JUNE 10, 2023

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AN EXPLANATION IS REQUESTED.

MS. PHEFFER AMATO: GOOD MORNING. OKAY,

GOOD.

ACTING SPEAKER AUBRY: GOOD AFTERNOON.

MS. PHEFFER AMATO: THIS BILL WOULD REQUIRE

THAT FOR DISCIPLINARY PROCEEDINGS BOARD AGAINST A CIVIL SERVICE

EMPLOYEE, SUCH HEARINGS MUST BE OVERSEEN BY AN INDEPENDENT HEARING

OFFICER. UNDER THE CURRENT PROVISION OF LAW, AN EMPLOYEE MAY BE

DISMISSED AFTER A HEARING HELD BEFORE THE OFFICER OR BODY THAT HAS

BROUGHT THE CHARGES AGAINST THE EMPLOYEE. THE EMPLOYING OFFICER

THEREFORE BECOMES THE (INAUDIBLE) THE PROSECUTOR AND THE JUDGE

(INAUDIBLE) EMPLOYEE'S ACTION. THIS BILL WILL PROVIDE A MORE FAIR

PROCEDURE BY REQUIRING THAT DISCIPLINARY HEARINGS BE PRESIDED OVER BY

INDEPENDENT AND AN IMPARTIAL HEARING OFFICER.

ACTING SPEAKER EACHUS: MS. GIGLIO.

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

SPONSOR YIELD?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. PHEFFER AMATO: ABSOLUTELY.

ACTING SPEAKER EACHUS: ABSOLUTELY.

SPONSOR YIELDS.

MS. GIGLIO: SO HAVE YOU EVER BEEN IN LOCAL

139

NYS ASSEMBLY JUNE 10, 2023

GOVERNMENT OR IN COUNTY GOVERNMENT?

MS. PHEFFER AMATO: YES.

MS. GIGLIO: YOU HAVE. HAVE YOU EVER HAD A

HEARING OR A DISCIPLINARY ACTION ON AN EMPLOYEE?

MS. PHEFFER AMATO: I HAD IT AGAINST ME,

ACTUALLY.

MS. GIGLIO: OH, YOU HAD IT AGAINST YOU. SO YOU

WERE AN EMPLOYEE FOR THE GOVERNMENT AND THEN YOU -- SO YOU WERE

NEVER ON A TOWN BOARD OR ON A --

MS. PHEFFER AMATO: NO, NOT THAT WAY.

MS. GIGLIO: OKAY. WELL -- AND THEN -- SO WHO PAYS

THE COST IF IT'S DETERMINED THAT THE EMPLOYEE WAS INSUBORDINATE? WHO

IN THIS BILL WOULD PAY THE COST OF THE HEARING OFFICER WHICH COULD BE

SEVERAL HEARINGS AND SEVERAL HOURS IN A DAY AND VERY COSTLY.

MS. PHEFFER AMATO: FIRST OF ALL, THE

INDEPENDENT HEARING OFFICER THAT WOULD BE -- IT WOULD BE -- FIRST OF ALL

IT'S COMING FROM HER, RIGHT? THE PUBLIC RELATIONS BOARD, THE EMPLOYEES

[SIC] RELATION BOARD. AND THESE COSTS OF THESE INDEPENDENT ARBITRATORS

WOULD BE LESS. SO THEREFORE THE COST WOULD BE SPLIT BY BOTH.

NOW IF THE -- THE COST WOULD BE SHARED BY BOTH. IF THE

INDEPENDENT HEARING OFFICER WILL BE ABLE TO REQUIRE THE COST TO BE

SHARED DIFFERENTLY IF THEY FIND A PORTION OF THE CHARGES BROUGHT AGAINST

THE EMPLOYEE OR THE EMPLOYER DEFENSE IS FRIVOLOUS IN NATURE. SO

DEPENDING ON THE OUTCOME, COULD BE WHERE THE COST WILL LIE.

MS. GIGLIO: SO IT WAS MY UNDERSTANDING IN READING

140

NYS ASSEMBLY JUNE 10, 2023

THE BILL AND IN THE GOVERNMENT [SIC] EMPLOYEES COMMITTEE THAT IF THE

EMPLOYEE WAS FOUND TO BE INSUBORDINATE THAT THEY WOULD BE PAYING THE

COST FOR THE HEARING OFFICER; IS THAT NOT CORRECT?

MS. PHEFFER AMATO: THAT IS NOT CORRECT.

MS. GIGLIO: OKAY. SO THE COST WILL BE SPLIT DOWN

THE MIDDLE AND THEN -- UNLESS THE HEARING OFFICER SAYS THAT BOTH OF THEM

HAVE TO SPLIT THE COST OR...

MS. PHEFFER AMATO: OR IF THE HEARING OFFICER

SAYS THAT THE EMPLOYER WAS REALLY WRONG AND SAYS THEY PAY FOR IT.

MS. GIGLIO: OKAY. BECAUSE IN -- THANK YOU TO THE

SPONSOR.

MR. SPEAKER, I'LL -- I'LL SPEAK ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL.

MS. GIGLIO: YEAH. HAVING SERVED IN LOCAL

GOVERNMENT FOR TEN YEARS AND HAVING, YOU KNOW, MANY DEPARTMENT

HEADS AND MANY PEOPLE THAT COME FORTH AND FILE CHARGES OR COMPLAINTS

AGAINST EMPLOYEES, I HAVE ATTENDED THOSE HEARINGS. THE HEARING

OFFICER IS USUALLY A LABOR ATTORNEY THAT WORKS FOR THE MUNICIPALITY OR

THE COUNTY. AND THE -- I'VE SEEN A LOT OF OUTCOMES THAT, YOU KNOW, THE

DEPARTMENT HEAD MAY HAVE BEEN JUST PICKING ON AN EMPLOYEE OR, YOU

KNOW, IT WAS NOT THERE AND THE COST DIDN'T HAVE TO GET SPLIT AND THE

EMPLOYEE, WHO IS AN EMPLOYEE OF THE GOVERNMENT, DID NOT HAVE TO

BEAR ANY COST FOR HAVING TO SAY WHAT ACTUALLY HAPPENED IN THE SCENARIO.

ALSO, THE UNIONS, THE LOCAL UNIONS THAT REPRESENT THOSE PEOPLE ARE

USUALLY PRESENT AND THEY'RE USUALLY PRESENT WITH THEIR OWN ATTORNEYS TO

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NYS ASSEMBLY JUNE 10, 2023

COUNTER ANYTHING THAT A HEARING OFFICER HAS TO SAY. SO I'M -- I'M

CONCERNED THAT THIS IS GOING TO COST THE EMPLOYEE MONEY AND I KNOW

THAT A LOT OF THE SCHOOL DISTRICTS ARE CONCERNED ABOUT THIS AS WELL

INCLUDING BOCES THAT THIS IS NOT A -- A GOOD WAY TO PROCEED. THEY

ALSO IN THE BILL HAVE TO AGREE ON A HEARING OFFICER, WHICH MAY BE VERY

DIFFICULT TO GET TO. AND WITH THE SUSPENSION OF 30 DAYS WITHOUT PAY FOR

A LOT OF CASES, I THINK IT JUST PUT THE EMPLOYEE AT A DISADVANTAGE. SO

EVEN THOUGH I KNOW THAT SOME OF THE UNIONS ARE SUPPORTING IT, I'M NOT

SURE WHY. I'M READING SOME OF THE LETTERS. I -- I JUST THINK THAT

EVERYBODY HAS A CHANCE OF REPRESENTATION WHEN THEY ARE BROUGHT TO A

HEARING FOR DISCIPLINARY ACTION. AND I -- I -- I DON'T THINK IT'S BROKEN SO

I DON'T SEE WHY WE HAVE TO FIX IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: THANK YOU.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. PHEFFER AMATO: YES, I WILL.

ACTING SPEAKER EACHUS: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO JUST -- MY -- MY COLLEAGUE

COVERED A NUMBER OF QUESTIONS ON THIS, BUT IN -- IN TERMS OF THE

CHANGES THIS MAKES TO THIS PROCESS, MY UNDERSTANDING IS THAT CURRENTLY,

YOU KNOW, A MUNICIPALITY MIGHT HAVE A, YOU KNOW, PEOPLE DESIGNATED

THAT ARE ON THEIR STAFF FOR A -- FOR A, YOU KNOW, A PANEL OR WHATEVER THAT

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NYS ASSEMBLY JUNE 10, 2023

HEAR THESE TYPES OF DISPUTES. WOULD YOU STILL BE ABLE TO DO THAT UNDER

THIS BILL?

MS. PHEFFER AMATO: NO. WE ARE CREATING A

NEUTRAL ARBITRATOR. THIS BILL SIMPLY ESTABLISHES DUE PROCESS FOR A

WORKER FACING A HEARING. IT'S NOT ALLOWING A PRINCIPAL OR SOMEBODY

HIGHER OR BRINGING THAT PERSON. WE'RE BRINGING AN INDEPENDENT

ARBITRATOR, NOT A FRIEND AND NOT ANOTHER --

MR. RA: SO WHEN YOU,

MS. PHEFFER AMATO: RIGHT. IF THEY WANT TO DO

THAT, THEY HAVE TO COLLECTIVELY BARGAIN THAT IN A CONTRACT. THESE PEOPLE

DON'T HAVE THAT PROTECTION.

MR. RA: SO IF THAT'S AGREED TO IN THE COLLECTIVE

BARGAINING AGREEMENT, THIS WOULD ALLOW THAT.

MS. PHEFFER AMATO: YES.

MR. RA: OKAY. OTHER -- OTHERWISE IF -- I GUESS IF THE

COLLECTIVE BARGAINING AGREEMENT'S SILENT, THE EMPLOYER AND THE

EMPLOYEE WOULD HAVE TO AGREE ON WHO THE HEARING OFFICER IS, CORRECT?

MS. PHEFFER AMATO: SAY THAT AGAIN.

MR. RA: IF -- IF THERE IS NO SUCH AGREEMENT WITHIN

THE COLLECTIVE BARGAINING AGREEMENT, THE EMPLOYEE AND THE EMPLOYER

WOULD HAVE TO MUTUALLY AGREE ON A HEARING OFFICER TO HEAR --

MS. PHEFFER AMATO: RIGHT. THEY HAVE TO HAVE

(INAUDIBLE) AN INDEPENDENT HEARING OFFICERS MAINTAINED BY PERB SO

THEY WILL PICK FROM THAT LIST THAT'S USED FOR FIRE DEPARTMENTS. LET ME

JUST SAY THIS.

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NYS ASSEMBLY JUNE 10, 2023

MR. RA: SURE.

MS. PHEFFER AMATO: THIS IS A FALLBACK IF THERE

IS NO DISCIPLINARY PROCESS IN A CONTRACT.

MR. RA: OKAY. AND YOU TALKED ABOUT THE DUE

PROCESS RIGHTS OF THE EMPLOYEES. SO CURRENTLY, MY UNDERSTANDING IS THE

SCHOOL DISTRICT, THE TOWN, WHATEVER, CAN SUSPEND THE EMPLOYEE WITHOUT

PAY FOR UP TO 30 DAYS UNDER CURRENT LAW, CORRECT?

MS. PHEFFER AMATO: CURRENT, YES, CORRECT.

MR. RA: UNDER THIS, THEY -- THEY -- THEY WOULD BE

ABLE TO SUSPEND THEM BUT IT WOULD BE WITH PAY.

MS. PHEFFER AMATO: CORRECT. INNOCENT BEFORE

PROVEN GUILTY.

MR. RA: YES. BE -- BEFORE THERE'S A HEARING HELD,

OKAY. WHAT -- WHAT WOULD HAPPEN IF THEY ARE DURING THAT TIME UNABLE

TO AGREE ON A HEARING OFFICER?

(PAUSE)

MS. PHEFFER AMATO: YEAH, RIGHT. SO THERE'S A

LIST FROM PERB, WHICH IS WHAT WE USED BEFORE, AGAIN PUBLIC RELATIES --

RELATIONS EMPLOYEE [SIC] BOARD. IT'S THE SAME WAY THAT FIREFIGHTERS ARE

DISCIPLINED SO IT'S A PROCESS THAT'S BEING USED. WE DIDN'T CREATE

SOMETHING NEW THAT EXISTS. SO I'M PRETTY CONFIDENT THAT THEY'LL BE ABLE

TO AGREE ON AN INDEPENDENT HEARING OFFICER BECAUSE THEY'VE USED THEM

BEFORE.

MR. RA: OKAY. AND THEN LAST -- LASTLY IN TERMS OF

THE DECISION OF THE HEARING OFFICER AND THE NATURE OF IT, WHETHER IT'S

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NYS ASSEMBLY JUNE 10, 2023

BINDING ON THE MUNICIPALITY, WHAT IF ANY CHANGES ARE MADE BY THIS BILL

REGARDING THAT?

MS. PHEFFER AMATO: SAY THAT AGAIN. AND I'M

SORRY.

MR. RA: THE -- REGARDING THE -- ANY DECISION MADE

BY A HEARING OFFICER AND WHETHER IT'S BINDING ON THE MUNICIPALITY, IS --

WHAT CHANGES DOES THIS BILL MAKE WITH REGARD TO THAT?

(PAUSE)

MS. PHEFFER AMATO: RIGHT. WHATEVER THE

HEARING OFFICER FINDS IS BINDING, UNLESS IT'S IN SOME COLLECTIVE

BARGAINING PART OF THE CONTRACT. RIGHT. IF IT'S -- RIGHT NOW IF IT'S NOT --

IF IT'S NOT IN THE CONTRACT, IT'S NOT BINDING AND THIS WILL MAKE IT BINDING.

THAT'S WHY WE'RE CREATING THIS.

MR. RA: GREAT. THANK YOU VERY MUCH.

MS. PHEFFER AMATO: THANK YOU.

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

ACTING SPEAKER EACHUS: ON THE BILL.

MR. RA: THANK -- THANK YOU. AND CERTAINLY I -- I

APPRECIATE THE NEED TO MAKE SURE THAT EMPLOYEES HAVE A -- HAVE A FAIR

OPPORTUNITY WHENEVER THERE'S ONE OF THESE TYPES OF ACTIONS, BUT I -- I

WILL TELL YOU, I -- I HEARD FROM ENTITIES ON THIS BILL THAT I DON'T NORMALLY

HEAR FROM IN TERMS OF THE COST THAT THEY'RE WORRIED THAT THEY MAY INCUR

AS A RESULT OF IT, AND IN TERMS OF IT REALLY MAKING IT DIFFICULT TO DEAL WITH

THESE TYPES OF SITUATIONS. NOW, CERTAINLY ANY TIME THERE'S AN EMPLOYEE

DISCIPLINE ISSUE, THAT EMPLOYEE IS FULLY ENTITLED TO DUE PROCESS, THEY'RE

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NYS ASSEMBLY JUNE 10, 2023

FULLY ENTITLED TO HAVE A FAIR PROCESS TO DECIDE WHETHER THEY ARE, YOU,

KNOW GUILTY OF ANY WRONGDOING AND WHAT DISCIPLINE COMES OUT OF IT,

BUT AS WE ALL KNOW, WHETHER IT'S A SCHOOL DISTRICT, WHETHER IT'S A TOWN,

WHETHER IT'S A VILLAGE, SO MUCH OF WHAT THEY DO IS MANDATED BY THE

STATE, AND THEY INCUR TREMENDOUS COSTS AS A RESULT OF MANDATES FROM --

FROM THIS STATE. SO I UNDERSTAND WHAT THIS IS TRYING TO ACCOMPLISH, BUT

I HAVE REAL CONCERNS THAT IT IS GOING TO VERY MUCH HAMSTRING THE -- THE

MUNICIPALITIES BOTH IN TERMS OF ADDITIONAL COSTS AND THEIR ABILITY TO

APPROPRIATELY DEAL WITH EMPLOYEE DISCIPLINE ISSUES. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER EACHUS: THANK YOU.

MR. STECK.

MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER.

THIS SYSTEM ACTUALLY IS QUITE BROKEN. THE SYSTEM IS DISTINGUISHED

FROM A SYSTEM WHERE AN EMPLOYEE NEEDS TO -- WHERE THE EMPLOYER HAS

TO PROVE JUST CAUSE IN ORDER TO OBTAIN DISMISSAL. IN THESE TYPE OF

PROCEEDINGS, FIRST OFF, THE EMPLOYER ONLY HAS TO PROVE THAT ITS ACTIONS

WERE REASONABLE. IT DOESN'T HAVE TO PROVE THAT THEY ACTUALLY HAD JUST

CAUSE TO FIRE THE EMPLOYEE. SECOND, THEY GET TO APPOINT THE HEARING

OFFICER. I KNOW IN THE SCHOOL DISTRICT CONTEXT, THE SUPERINTENDENT OF THE

SCHOOLS CAN APPOINT HIMSELF OR HERSELF AS THE HEARING OFFICER. NOT VERY

LIKELY THAT THAT PERSON, THE SUPERINTENDENT, IS GOING TO FIND THAT THE

ACTIONS OF ONE OF HER OR HIS DEPARTMENT HEADS WERE UNREASONABLE. SO

THIS IS BASICALLY A KANGAROO COURT AS IT EXISTS RIGHT NOW. NOW THIS BILL

DOESN'T CHANGE THE STANDARD. IT DOESN'T GIVE THESE EMPLOYEES JUST CAUSE

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NYS ASSEMBLY JUNE 10, 2023

PROTECTION, BUT IT DOES GIVE THEM AT LEAST A NEUTRAL WHO CAN HEAR THE

QUESTION AS TO WHETHER THERE IS REASON -- WHETHER THERE IS A REASONABLE

BASIS FOR DISMISSING THE EMPLOYEE.

SO I THINK WE HAVE TO KEEP IN MIND THAT THIS IS A VERY

EASY STANDARD FOR AN EMPLOYER TO MEET, AND THAT THIS BILL WILL JUST

INTRODUCE A MODICUM OF FAIRNESS INTO A PROCEEDING WHICH TODAY

FUNCTIONS LIKE A KANGAROO COURT. I'LL BE VOTING EXTREMELY

ENTHUSIASTICALLY IN THE AFFIRMATIVE FOR THIS BILL AND I THANK THE SPONSOR

FOR BRINGING IT FORWARD.

ACTING SPEAKER EACHUS: MR. MCGOWAN.

(PROTESTOR INTERRUPTION)

MR. MCGOWAN: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

(PROTESTOR INTERRUPTION)

MS. PHEFFER-AMATO: THE SPONSOR -- I'M SAYING

THE SPONSOR YIELDS. I'M SORRY.

ACTING SPEAKER EACHUS: THE SPONSOR YIELDS?

MS. PHEFFER AMATO: OF COURSE.

MR. MCGOWAN: THANK YOU, MA'AM. JUST

CLARIFICATION. IF THERE IS A COLLECTIVE BARGAINING AGREEMENT BETWEEN

PERHAPS SAY A POLICE UNION AND THE MUNICIPALITY THAT COVERS DISCIPLINE

AND THE SELECTION OF A HEARING OFFICER, THIS SECTION, THIS CHANGE WOULD

NOT TRUMP THAT OR IN ANY WAY IMPLICATE OR -- OR CHANGE THE AGREEMENT

THAT WAS COLLECTIVELY BARGAINED, CORRECT?

MS. PHEFFER AMATO: CORRECT.

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NYS ASSEMBLY JUNE 10, 2023

MR. MCGOWAN: OKAY. THANK YOU VERY MUCH.

MS. PHEFFER AMATO: YOU'RE WELCOME.

MR. MCGOWAN: THANK YOU, SIR.

ACTING SPEAKER EACHUS: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO WISH TO

SUPPORT IT CAN DO SO BY VOTING YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION; HOWEVER THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN

EXCEPTION, THEY CAN DO SO AT THEIR SEATS.

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. GIGLIO TO EXPLAIN HER VOTE.

MS. GIGLIO: THANK YOU, MR. SPEAKER. SO CURRENTLY

THE EMPLOYER PAYS ALL THE COSTS, BUT IF THERE IS AN OUTCOME AGAINST AN

EMPLOYEE THAT IS A UNION EMPLOYEE, THEN THE UNION EMPLOYEE MAY PICK

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NYS ASSEMBLY JUNE 10, 2023

UP ALL THE COSTS, AND THE UNION EMPLOYEE ALWAYS HAS A CHANCE TO APPEAL

A DECISION BY A HEARING OFFICER BY HAVING COUNSEL. SO I THINK THAT --

THAT THE COST TO THE EMPLOYEE, WHICH IF YOU WERE EVER IN LOCAL

GOVERNMENT YOU KNOW THAT THOSE -- THOSE SALARIES ARE NOT GREAT AND

THEY MAY NOT BE ABLE TO AFFORD A HEARING OFFICER. AND I HAVE ATTENDED

AND SPOKEN TO MANY EMPLOYEES THAT HAVE HAD HEARINGS WITH FAVORABLE

OUTCOMES TOWARDS THEM AND ONES THAT HAVE NOT HAD FAVORABLE

OUTCOMES TOWARDS THEM WHERE THEY'VE HAD TO EXPEND A LOT OF MONEY IN

LEGAL FEES TO COME BACK AT THE TOWN AND WERE STILL UNSUCCESSFUL. SO I

THINK THAT IF THE EMPLOYER IS BRINGING A CHARGE AGAINST AN EMPLOYEE,

THE EMPLOYER SHOULD PICK UP THE CHARGE. AND IF THE PERSON FEELS THAT

THEY WERE UNFAIRLY TREATED OR THAT THE HEARING OFFICER WAS ONE-SIDED,

THEY ALWAYS HAVE AN APPEAL PROCESS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL HAS PASSED.

PAGE 13, RULES REPORT NO. 596, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06604, RULES REPORT

NO. 596, REYES, DINOWITZ, RAMOS, L. ROSENTHAL, JOYNER, JEAN-PIERRE,

SIMON, AUBRY, STIRPE, WEPRIN, WILLIAMS, TAYLOR, SANTABARBARA, STECK,

PAULIN, GLICK, CRUZ, LAVINE, STERN, SEAWRIGHT, RIVERA, JACOBSON,

DESTEFANO, DICKENS, EPSTEIN, MCMAHON, BURGOS, CARROLL, FORREST,

TAPIA, ARDILA, LUNSFORD, CLARK, COLTON, WOERNER, SILLITTI, BORES. AN

ACT TO AMEND THE LABOR LAW, IN RELATION TO PROTECTING EMPLOYEE

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NYS ASSEMBLY JUNE 10, 2023

FREEDOM OF SPEECH AND CONSCIENCE.

ACTING SPEAKER EACHUS: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I BELIEVE THE

REPUBLICAN CONFERENCE WILL GENERALLY BE OPPOSED TO THIS MEASURE FOR

REASONS I HOPE TO EXPLAIN IN A MOMENT. CERTAINLY THOSE WHO SUPPORT IT

ARE ENCOURAGED TO VOTE YES HERE ON THE FLOOR OF THE ASSEMBLY.

ACTING SPEAKER EACHUS: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION.

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN YOUR VOTE.

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

MAKE IT A -- AN UNFAIR EMPLOYMENT PRACTICE TO TAKE ANY ACTION AGAINST

AN EMPLOYEE WHO REFUSES TO ATTEND AN EMPLOYER-SPONSORED MEETING. IF

THERE'S ANY DISCUSSION ABOUT THE EMPLOYER'S OPINION REGARDING VARIOUS

THINGS LIKE RELIGION, POLITICS OR THERE'S A WHOLE LIST, INCLUDING AMONGST

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NYS ASSEMBLY JUNE 10, 2023

OTHER THINGS, CIVIC, COMMUNITY, FRATERNAL OR LABOR ORGANIZATIONS, WHICH

IS KIND OF AN INTERESTING BILL BECAUSE IT SAYS THE EMPLOYEE CAN REFUSE TO

ATTEND A MEETING WHERE THE EMPLOYEE DOESN'T EVEN KNOW WHAT THE

MEETING IS GOING TO NECESSARILY COVER BECAUSE THE MEETING HASN'T YET

OCCURRED. AND IT'S PARTICULARLY PROBLEMATIC AS IT RELATES TO AN

EMPLOYEE'S RIGHT TO UNIONIZE AND AN EMPLOYER'S RIGHT TO TALK TO

EMPLOYEES ABOUT THE BENEFITS OR DISADVANTAGES OF UNIONIZATION. AND

SO THIS WOULD BASICALLY SAY THAT THE EMPLOYEES COULD SIMPLY REFUSE TO

EVEN MEET WITH THE EMPLOYER AND THEN THE EMPLOYER COULDN'T EVEN

PRESENT THEIR SIDE OF THE STORY. AND OF COURSE AS I MENTIONED, IT APPLIES

TO ADDITIONAL INCLUDING POLITICS. IT OPENS A PANDORA'S BOX WHERE AN

EMPLOYER MIGHT HAVE A MEETING AND TALK ABOUT LEGISLATION THAT WE PASS

HERE AND THE IMPACT ON UNEMPLOYMENT RATES AND INSURANCE RATES AND

EVERYTHING ELSE. IT'S JUST A PANDORA'S BOX THAT LITERALLY INFRINGES ON FREE

SPEECH AND THE RIGHT OF AN EMPLOYER AND AN EMPLOYEE TO HAVE FREE

DISCUSSIONS BACK AND FORTH. AND FOR THAT REASON I WILL BE OPPOSING IT.

THANK YOU, SIR.

ACTING SPEAKER EACHUS: MR. GOODELL IN THE

NEGATIVE.

MS. REYES TO EXPLAIN HER VOTE.

MS. REYES: THANK YOU, MR. SPEAKER. I -- I

APPRECIATE MY COLLEAGUE'S CONCERNS BUT I WOULD JUST LIKE TO ADD FOR THE

RECORD THAT THIS DOESN'T PROHIBIT AN EMPLOYER FROM HOLDING THESE TYPES

OF MEETINGS. IT JUST MEANS THAT THEY CAN'T RETALIATE AGAINST AN EMPLOYEE

WHO DECIDES NOT TO PARTICIPATE IN IT IF THE EMPLOYER IS MERELY

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NYS ASSEMBLY JUNE 10, 2023

EXPRESSING THEIR OPINION REGARDING RELIGION, POLITICS OR POLICY THAT'S NOT

GERMANE TO THEIR DUTIES AS AN EMPLOYEE. I THINK THIS IS A GREAT PIECE OF

LEGISLATION BECAUSE IT'S ABOUT EMPLOYEE FREEDOMS. AND I, OF COURSE,

WILL BE VOTING IN THE AFFIRMATIVE. AND I HAVE TO THANK ALL MY

COLLEAGUES ALSO ON THE OTHER SIDE OF THE AISLE THAT SUPPORTED THIS PIECE

OF LEGISLATION AND ALL THE LABOR UNIONS THAT HAVE COLLABORATED WITH ME

IN ITS CRAFT -- IN THE CRAFTING OF -- OF THIS BILL. SO THANK YOU, MR.

SPEAKER. I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER EACHUS: MS. REYES IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 422, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. S00818, RULES REPORT

NO. 422, SENATOR MYRIE (WALKER, ZINERMAN -- A7431). AN ACT TO

AMEND THE CHAPTER OF THE LAWS OF 2022 AMENDING THE ELECTION LAW

RELATING TO ESTABLISHING THE JOHN R. LEWIS VOTING RIGHTS ACT OF NEW

YORK, ESTABLISHING RIGHTS OF ACTION FOR DENYING OR ABRIDGING OF THE RIGHT

OF ANY MEMBER OF A PROTECTED CLASS TO VOTE, PROVIDING ASSISTANCE TO

LANGUAGE-MINORITY GROUPS, REQUIRING CERTAIN POLITICAL SUBDIVISIONS TO

RECEIVE PRECLEARANCE FOR POTENTIAL VIOLATIONS OF THE NYVRA, AND

CREATING CIVIL LIABILITY FOR VOTER INTIMIDATION, AS PROPOSED IN LEGISLATIVE

BILLS NUMBERS S. 1046-E AND A. 6678-E, IN RELATION TO THE

EFFECTIVENESS THEREOF.

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NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER EACHUS: AN EXPLANATION HAS

BEEN REQUESTED.

MS. WALKER: THANK YOU. THIS BILL IS A CHAPTER

AMENDMENT FOR THE JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK,

CHAPTER 266 OF THE LAWS OF 2022. THE CHANGE IS TO THE EFFECTIVE DATE

POSTPONING THE IMPLEMENTATION UNTIL JULY 1ST OF 2023. POSTPONING THE

EFFECTIVE DATE WILL GIVE THE STATE AND LOCALITIES THE OPPORTUNITY TO

IDENTIFY POTENTIAL IMPLEMENTATION AND FINANCIAL CHALLENGES AS WELL AS

ENSURE THAT STATE AND LOCAL UNITS OF GOVERNMENT CAN PROPERLY

IMPLEMENT THIS GROUNDBREAKING HISTORIC LAW TO ENSURE THAT IT FULLY

BENEFITS ALL NEW YORK'S VOTERS.

ACTING SPEAKER EACHUS: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

MS. WALKER: YES.

MR. RA: THANK YOU. AND THANK YOU FOR THE

EXPLANATION AS -- AS WAS INDICATED. THIS IS A CHAPTER AMENDMENT AND IT

CHANGES THE EFFECTIVE DATE, SO LET ME START THERE. WHAT IS THE NEED FOR

CHANGING THE EFFECTIVE DATE? IT'S MY UNDERSTANDING SO IT'LL NOW BE JULY

1ST, 2023 WHICH MEANS THAT RATHER THAN THIS HAVING BEEN IN EFFECT FOR

THE BETTER PART OF THE LAST YEAR IT WOULD NOT BE IN EFFECT FOR ANOTHER FEW

WEEKS.

MS. WALKER: CORRECT. SO THIS WILL GIVE THE STATE

AND OTHER LOCALITIES AN OPPORTUNITY TO IDENTIFY POTENTIAL

IMPLEMENTATION AND FINANCIAL CHALLENGES AND ENSURE THAT THE STATE AND

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NYS ASSEMBLY JUNE 10, 2023

LOCAL UNITS OF GOVERNMENT CAN PROPERLY IMPLEMENT THIS GROUNDBREAKING

LAW THAT FULLY BENEFITS ALL NEW YORK'S VOTERS.

MR. RA: OKAY. NOW MY UNDERSTANDING, THOUGH, IS

THAT THIS LAW HAS BEEN APPLIED BY THE COURTS ALREADY TO CASES. ARE YOU

FAMILIAR WITH CASES THAT HAVE ACTUALLY UTILIZED THIS LAW AND CONSIDERED

THIS LAW ON -- ON ELECTION MATTERS WITHIN THE LAST YEAR?

MS. WALKER: I AM FAMILIAR WITH THE PRINCIPLE

BEING EMPLOYED IN A NUMBER OF CIRCUMSTANCES. BUT IN TERMS OF

WHETHER OR NOT I KNOW THE EXACT CASES, I AM NOT FULLY AWARE OF THAT.

MR. RA: ALL RIGHT. NOW -- SO IF THIS STATUTE HAS BEEN

APPLIED BY THE COURTS, WOULD NOT CHANGING THE EFFECTIVE DATE BE

DISRUPTIVE TO ANY DECISIONS THAT RELIED ON THIS STATUTE OVER THE LAST YEAR?

(PAUSE)

MS. WALKER: OKAY. I'M SORRY, MR. RA. WHAT IS IT

THAT YOU'D LIKE?

MR. RA: WELL, I'M ASKING IF THE CHANGE IN THE

EFFECTIVE DATE WOULD -- WOULD NOT BE DISRUPTIVE TO ANY DECISIONS THAT

HAVE BEEN ISSUED BY COURTS IN RELIANCE ON THIS STATUTE.

MS. WALKER: I DO NOT BELIEVE SO BECAUSE I AM

UNAWARE OF ANY CASES THAT HAVE BEEN BROUGHT UNDER THIS STATUTE TO

BEGIN WITH. FURTHER, THE STANDING PROVISIONS OF THE BILL DOES NOT GO

INTO EFFECT UNTIL JULY 1ST OF THIS YEAR.

MR. RA: OKAY. AND -- AND JUST FOR CLARIFICATION, THE

ONLY THING THIS DOES IS CHANGES THE EFFECTIVE DATE. SO WE HAD A FAIRLY

LENGTHY DISCUSSION LAST YEAR ABOUT A NUMBER OF ISSUES WITH REGARD TO

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NYS ASSEMBLY JUNE 10, 2023

THIS IN TERMS OF HOW IT IMPACTED DIFFERENT LEVELS OF GOVERNMENT. I

KNOW WE SPOKE IN PARTICULAR ABOUT SCHOOL DISTRICTS AND THEIR INABILITY

TO IMPLEMENT THINGS THAT MIGHT -- THEY MIGHT BE ASKED TO DO UNDER THIS.

BUT THERE ALSO HAVE BEEN CONCERN WITH REGARD TO, YOU KNOW, CITY

CHARTERS AND THEIR CREATION OF WARD SYSTEMS, COUNTY CHARTERS AND THE

NUMBER OF LEGISLATORS IN A PARTICULAR COUNTY. THERE'S NO SUBSTANTIATIVE

CHANGES OTHER THAN THE EFFECTIVE DATE IN THIS BILL, CORRECT?

MS. WALKER: THERE ARE NO SUBSTANTIATIVE CHANGES;

HOWEVER, I DID INDICATE AS WE HAD A INTELLECTUAL SPAR WITH RESPECT TO

THIS BILL IN THE PAST AND -- AND MY COMMITMENT WAS TO CONTINUE TO

WORK WITH YOU; HOWEVER, WE HAVE NOT HAD AN OPPORTUNITY TO DO SO BUT

I WILL CONTINUE TO SAY THAT IF THERE ARE CONCERNS THAT YOU WANT TO

DISCUSS, I AM OPEN TO DISCUSS THOSE CONCERNS WITH YOU.

MR. RA: OKAY, ABSOLUTELY. I WOULD -- I WOULD LIKE

TO DO THAT BECAUSE, YOU KNOW, ONE OF THE BIG ISSUES THAT CAME UP LAST

YEAR WAS -- WAS WITH REGARD TO SCHOOL DISTRICTS WHO DON'T NECESSARILY

HAVE THE LEGAL AUTHORITY UNDER CURRENT NEW YORK STATE LAW TO, YOU

KNOW, IMPLEMENT THINGS LIKE WARD SYSTEMS AND STUFF LIKE THAT THEY

MIGHT END UP BEING ASKED TO DO UNDER THIS. AND YOU MAY HAVE SEEN

OVER THE YEARS SOMETIMES WE GET THOSE TYPES OF LOCAL BILLS FROM -- FROM

COLLEAGUES TO ALLOW A -- A DISTRICT TO DO THAT. SO THAT'S SOMETHING WE

CAN SPEAK ABOUT IN THE FUTURE AND I -- I THANK YOU FOR ANSWERING MY

QUESTIONS.

MS. WALKER: THANK YOU.

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

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NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER EACHUS: ON THE BILL.

MR. RA: AS I SAID, A LOT OF THOSE SUBSTANTIATIVE

CONCERNS THAT WERE DISCUSSED LAST YEAR STILL EXIST UNDER THIS BILL BECAUSE

THIS DOES NOT MAKE ANY SUCH CHANGES, BUT IT IS PROBLEMATIC IN -- IN MY

VIEW TO CHANGE THE EFFECTIVE DATE OF A LAW THAT HAS ALREADY BEEN

UTILIZED IN LITIGATION. THERE WERE ELECTION LAW CASES LAST YEAR THAT

RELIED ON THIS STATUTE AND I THINK IT'S SOMEWHAT UNCLEAR WHAT THE IMPACT

IS WHEN WE CHANGE THE EFFECTIVE DATE OF A STATUTE. SO WE'RE BASICALLY

SAYING THE COURT APPLIED THE STATUTE IN A CERTAIN WAY, BUT NOW WE'RE --

WE'RE CREATING A SITUATION WHERE LEGALLY THE STATUTE WAS NOT IN EFFECT AT

THAT TIME, SO THAT IS PROBLEMATIC AND -- AND FOR THAT REASON I'M GOING TO

BE VOTING IN THE NEGATIVE. I THANK MY COLLEAGUE AND CERTAINLY I THINK

THERE ARE STILL SUBSTANTIATIVE CONCERNS WITH THIS LAW AND I'LL BE CASTING

MY VOTE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO WISH

TO SUPPORT IT CAN CERTAINLY VOTE YES ON THE FLOOR. THANK YOU.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

MRS. PEOPLES-STOKES.

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NYS ASSEMBLY JUNE 10, 2023

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?

ACTING SPEAKER EACHUS: RULES COMMITTEE TO

THE SPEAKER'S CONFERENCE ROOM, IMMEDIATELY.

MRS. PEOPLES-STOKES, PARTY VOTE POSITION?

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION

AS WE WERE ON LAST YEAR. THANK YOU.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 18, RULES REPORT NO. 747, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07757, RULES REPORT

NO. 747, WEINSTEIN, OTIS. AN ACT TO AMEND PART D OF CHAPTER 59 OF

THE LAWS OF 2023 AMENDING THE TAX LAW RELATING TO THE EMPIRE STATE

FILM PRODUCTION CREDIT AND THE EMPIRE STATE FILM POST-PRODUCTION

CREDIT, IN RELATION TO THE APPLICATION OF SUCH PROVISIONS; AND TO AMEND

THE TAX LAW, IN RELATION TO THE CLAIMING OF CREDITS UNDER THE EMPIRE

STATE FILM PRODUCTION CREDIT.

ACTING SPEAKER EACHUS: ON A MOTION BY MS.

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

ADVANCED.

157

NYS ASSEMBLY JUNE 10, 2023

EXPLANATION HAS BEEN REQUESTED.

MS. WEINSTEIN.

MS. WEINSTEIN: THANK YOU. THIS ACTUALLY IS A

BUDGET BILL RELATING TO THE BUDGET. AS I THINK MOST CAN RECALL THAT IN

THIS YEAR'S BUDGET WE INCREASED THE ANNUAL AGGREGATE CAP FOR THE FILM

TAX CREDIT PROGRAM BY $280 MILLION. SO WHAT THIS BILL SIMPLY DOES IS IT

CLARIFIES -- WELL, IT CORRECTS AN UNIN -- UNINTENTIONAL EXCLUSION IN THE

BUDGET. AND THIS BILL WILL CLARIFY THAT BOTH EXISTING AND NEW CREDIT

APPLICANTS WOULD HAVE ACCESS TO THE ADDITIONAL 280 MILLION THAT WAS

ALLOCATED IN THIS YEAR'S BUDGET.

ACTING SPEAKER EACHUS: MR. GOODELL.

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

THE SPONSOR YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER EACHUS: SPONSOR YIELDS.

MR. GOODELL: THANK YOU. AS YOU KNOW THERE

WAS A SUBSTANTIAL INCREASE IN THE FILM TAX CREDIT. AND YOU EXPLAINED

THAT THIS WOULD ALLOW PEOPLE WHO APPLIED FOR THE CREDIT PRIOR TO THE

NEW BUDGET --

MS. WEINSTEIN: CORRECT.

MR. GOODELL: -- TO TAKE ADVANTAGE OF THE TAX

CREDIT THAT WAS APPROVED IN THE NEW BUDGET; IS THAT CORRECT?

MS. WEINSTEIN: IT -- IT CLARIFIES THAT THE ORIGINAL

INTENT OF THE GOVERNOR AND THE LEGISLATURE WAS THAT APPLICATIONS THAT

HAD BEEN RECEIVED BEFORE PRIOR TO APRIL 1ST WOULD BE -- WILL -- WOULD

158

NYS ASSEMBLY JUNE 10, 2023

HAVE ACCESS TO THIS ADDITIONAL POOL OF CREDITS.

MR. GOODELL: I SEE. AND SO THOSE APPLICATIONS

WOULD RELATE TO FUNDS THAT WERE EXPENDED IN THE PRIOR YEAR?

MS. WEINSTEIN: YES.

MR. GOODELL: SO IT WOULD BE THEN POSSIBLE THAT

THE AMOUNT OF TAX CREDITS RELATED TO PRIOR YEAR PRODUCTIONS COULD

EXCEED THE 420 MILLION THAT WAS IN THE PRIOR YEAR BUDGET?

(PAUSE)

MS. WEINSTEIN: IT -- IT DOESN'T GO -- IT -- IT

WOULDN'T INCREASE OVER THE 420 IN THE INDIVIDUAL YEAR.

MR. GOODELL: I SEE. BUT WHAT WE'RE SAYING THEN

IS THAT IN ORDER TO QUALIFY FOR A TAX CREDIT IN '23-'24, YOU DON'T ACTUALLY

HAVE TO DO ANY WORK IN '23-'24, YOU WOULD BE ELIGIBLE EVEN IF THE WORK

WAS DONE IN PRIOR YEARS?

MS. WEINSTEIN: YEAH, THAT IS HOW THE -- THE

PROGRAM EXISTS --

MR. GOODELL: I SEE.

MS. WEINSTEIN: -- CURRENTLY. WE'RE NOW MAKING A

CHANGE TO -- TO THAT BECAUSE ANY TAX CREDITS THAT AREN'T ALLOCATED IN A

GIVEN YEAR ARE AVAILABLE FOR FUTURE YEAR ALLOCATIONS. AND THE ESDC --

ESD HAS THE ABILITY TO PULL FROM FUTURE YEAR FUNDINGS. THAT'S CURRENT

LAW. WE'RE JUST CLARIFYING BECAUSE OF THE NEW MONEY THAT THOSE PRIOR

APPLICATIONS ARE ELIGIBLE FOR THIS NEW MONEY.

MR. GOODELL: AND SO, I THINK I UNDERSTAND, BUT I

HOPE THIS IS MY LAST QUESTION. SO LET'S SAY HYPOTHETICALLY LAST YEAR THERE

159

NYS ASSEMBLY JUNE 10, 2023

WAS $700 MILLION WORTH OF TAX CREDIT ELIGIBILITY. IS IT THEN POSSIBLE THAT

100 PERCENT OF THE TAX CREDIT ALLOCATED IN THIS YEAR'S BUDGET COULD BE

CONSUMED BY ACTIVITIES THAT WERE DONE LAST YEAR?

MS. WEINSTEIN: IN THEORY, YES.

MR. GOODELL: OKAY. THANK YOU VERY MUCH FOR

CLARIFYING THIS.

ON THE BILL, SIR.

ACTING SPEAKER EACHUS: ON THE BILL.

MR. GOODELL: YOU KNOW, THE THEORY OF THIS TAX

CREDIT IS THAT IT WILL ENCOURAGE FUTURE PRODUCTION. I MEAN THE WHOLE

CONCEPT IS WE WANT THESE FILM COMPANIES TO BE HIRING PEOPLE THIS YEAR

AS PART OF OUR ECONOMIC DEVELOPMENT ACTIVITIES AND THAT'S WHY WE PUT

ASIDE A 700 MILLION TAX CREDIT. WHAT THIS BILL DOES IS BASICALLY

ELIMINATE THAT OR DILUTE THAT PERSPECTIVE BY SAYING THAT THE TAX CREDIT

WE INCLUDED IN THIS YEAR'S BUDGET CAN ACTUALLY BE USED FOR PROJECTS THAT

ARE LONG SINCE DONE, AND THAT ELIMINATES THE INCENTIVES FOR NEW

PROJECTS. AND IF WE'RE PUTTING 700 MILLION ON THE TABLE IN ECONOMIC

DEVELOPMENT I WOULD HOPE THAT IT'S FOR FUTURE ECONOMIC DEVELOPMENT

AND THAT IT HAS A FUTURE IMPACT ON EMPLOYMENT. THIS BILL DOES THE

OPPOSITE AND ALLOWS THOSE TAX CREDITS THAT WE WERE HOPING FOR FUTURE

EMPLOYMENT TO BE USED FOR PROJECTS THAT ARE ALREADY FINISHED. FOR THAT

REASON I WON'T SUPPORT IT. THANK YOU, SIR.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

160

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

WITHDRAW THE ROLL CALL.

A PARTY VOTE HAS BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. MY APOLOGIES FOR

THE -- MY MISCOMMUNICATION. THE REPUBLICAN PARTY IS GENERALLY

OPPOSED TO THE RETROACTIVE AVAILABILITY OF THIS TAX CREDIT, BUT THOSE WHO

SUPPORT IT CAN CERTAINLY VOTE YES HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

MR. FALL.

MR. FALL: THANK YOU, MR. SPEAKER. THE MAJORITY

CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION.

ANYBODY WHO WANTS TO VOTE OTHERWISE WILL HAVE TO DO SO AT THEIR

DESKS. THANK YOU.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 14, RULES REPORT NO. 618, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02034-A, RULES

REPORT NO. 618, JOYNER, ALVAREZ, DICKENS, SEAWRIGHT, FORREST. AN ACT

161

NYS ASSEMBLY JUNE 10, 2023

TO AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO SCHEDULE IN

CASE OF DISABILITY.

ACTING SPEAKER EACHUS: ON A MOTION BY MS.

JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE BILL -- THE SENATE BILL

IS ADVANCED.

AN EXPLANATION HAS BEEN REQUESTED.

MS. JOYNER: THANK YOU. THIS BILL WOULD INCREASE

THE MINIMUM WEEKLY WORKERS' COMPENSATION BENEFIT. IT WOULD

PROVIDE EQUITY AND FAIRNESS TO LOW-WAGE WORKERS AND ENSURE THAT

FUTURE BENEFITS ARE ADJUSTED WITH INFLATION.

ACTING SPEAKER EACHUS: MR. GOODELL.

MR. GOODELL: THANK YOU. JUST A COUPLE OF

CLARIFYING QUESTIONS IF YOU WOULD?

MS. JOYNER: YES.

MR. GOODELL: WHAT IS THE CURRENT MINIMUM

WEEKLY RATE NOW?

MS. JOYNER: ONE HUNDRED AND FIFTY DOLLARS.

MR. GOODELL: ONE-FIFTY?

MS. JOYNER: YES.

MR. GOODELL: AND UNDER THIS IT WILL INCREASE TO

275?

MS. JOYNER: YES. THERE WILL BE GRADUAL INCREASES

OF 275 ON JANUARY 1ST, 2024; 325 ON JANUARY 1ST, 2025 AND THEN AFTER

JULY 1ST, 2026 IT WOULD BE ONE-FIFTH OF THE STATE AVERAGE WEEKLY WAGE.

MR. GOODELL: IF THE STATE AVERAGE WEEKLY WAGE

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NYS ASSEMBLY JUNE 10, 2023

REMAINS THE SAME AS IT IS NOW, HOW MUCH WOULD THAT BE?

MS. JOYNER: SO THE AVERAGE STATE WEEKLY WAGE IS

OVER -- A LITTLE OVER $1,500. AND ONE-FIFTH OF THAT WOULD BE $318.

MR. GOODELL: I SEE. SO IT WILL GO FROM 150 TO

325 BY JANUARY 25TH [SIC], RIGHT?

MS. JOYNER: SO BY 2024 IT WOULD GO UP $125, THEN

THE FOLLOWING YEAR AN EXTRA $50, AND THEN YOU CAN DO THE MATH FROM

THERE BECAUSE MY MATH IS NOT GREAT.

MR. GOODELL: SURE. AND IF WE INCREASE THE

MINIMUM AMOUNT BY... IT LOOKS LIKE A LITTLE OVER 200 PERCENT, WHAT

IMPACT WOULD THAT HAVE ON THE RATE THAT'S CHARGED TO OUR EMPLOYERS?

MS. JOYNER: SO AS FAR AS ITS IMPACT, IT WOULD HELP

11,500 WORKERS. AND AS FAR AS WHAT IMPACT IT WOULD BE ON EMPLOYERS,

IT WOULD -- OUR ESTIMATES ARE .5 OF -- AN INCREASE OF .5 OF THE CURRENT

$11 BILLION SYSTEM.

MR. GOODELL: AND HOW MUCH IS THAT IN TERMS OF

DOLLAR NUMBER?

MS. JOYNER: SO IT WILL BE GRADUAL IN -- INCREASES

BUT ONCE IT'S FULLY IMPLEMENTED IT WOULD BE $58 MILLION.

MR. GOODELL: FIFTY-EIGHT --

MS. JOYNER: YES, BUT THIS WOULD BE AFTER 2026

WHEN IT'S FULLY IMPLEMENTED.

MR. GOODELL: AND HOW DOES THE NEW YORK STATE

UNEMPLOYMENT -- OR I'M SORRY, WORKERS' COMP RATE COMPARE TO OUR

NEIGHBORING STATES LIKE PENNSYLVANIA, OHIO?

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NYS ASSEMBLY JUNE 10, 2023

MS. JOYNER: WELL, WE'VE BEEN STAGNANT FOR OVER A

DECADE. IT'S INSUFFICIENT TO, YOU KNOW, SUPPORT OUR CURRENT WORKERS.

AND AS FAR AS OTHER STATES, I WOULD SAY WE HAVE TWO STATES THAT HAVE

ALREADY ESTABLISHED THIS; MASSACHUSETTS AND NEW JERSEY, BUT I DON'T

HAVE ANY OTHER COMPARATIVE DATA.

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

I ALSO APPRECIATE YOUR INSIGHTS.

MS. JOYNER: YES, THANKS.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER EACHUS: ON THE BILL.

MR. GOODELL: MY COUNTY IS -- IS JUST NORTH OF THE

PENNSYLVANIA LINE AND I HAVE EMPLOYERS THAT ARE BOTH IN PENNSYLVANIA

AND IN NEW YORK. AND TYPICALLY ONCE A YEAR THEY SEND ME A LETTER

COMPARING HOW MUCH IT COSTS THEM FOR AN EMPLOYEE TO BE IN NEW

YORK COMPARED TO THEIR MANUFACTURING OPERATIONS 20 MILES AWAY IN

PENNSYLVANIA. AND THE COMPARISON IS SHOCKING. WE'VE BEEN

HEMORRHAGING POPULATION AS YOU KNOW. WE ACTUALLY LED THE NATION IN

TERMS OF POPULATION LOSS OVER THE LAST FEW YEARS. AND THE REASON WE'RE

LOSING POPULATION IS BECAUSE PEOPLE ARE LEAVING FOR BETTER

OPPORTUNITIES ELSEWHERE. AND THOSE BETTER OPPORTUNITIES MEAN HIGHER-

PAYING JOBS AND MORE PLENTIFUL JOBS ELSEWHERE. AND WHILE I CERTAINLY

APPRECIATE MY COLLEAGUE'S DESIRE TO RAISE UNEMPLOYMENT -- OR DISABILITY

RATES EVEN FURTHER, WE NEED TO RECOGNIZE THAT EVERY TIME WE RAISE THE

COST OF DOING BUSINESS IN NEW YORK, FEWER COMPANIES DO BUSINESS IN

NEW YORK, AND THAT MEANS FEWER OPPORTUNITIES FOR OUR FRIENDS AND

164

NYS ASSEMBLY JUNE 10, 2023

NEIGHBORS, FEWER JOBS AND A CONTINUED EXODUS OF EMPLOYEES. THIS BILL

OVER A PERIOD OF JUST TWO YEARS WOULD INCREASE THE -- THE AMOUNT PAID

OUT BY OVER 200 PERCENT. AND FOR ANYONE WHO IS IN BUSINESS, THAT TYPE

OF RATE INCREASE, YOU KNOW, A COUPLE HUNDRED PERCENT IS VERY DIFFICULT

TO ADDRESS AND RESOLVE. AND FOR THAT REASON I WILL NOT BE SUPPORTING IT.

BUT AGAIN, I APPRECIATE MY COLLEAGUE'S COMMENTS AND HER INSIGHTS.

THANK YOU, SIR.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO WISH TO

SUPPORT IT CAN CERTAINLY VOTE YES HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

MR. FALL.

MR. FALL: THE MAJORITY CONFERENCE WILL BE IN THE

AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF THERE ARE THOSE THAT WOULD

LIKE TO VOTE IN A DIFFERENT DIRECTION THEY CAN DO SO AT THEIR DESK. THANK

YOU.

ACTING SPEAKER EACHUS: YOU'RE WELCOME.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

165

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. FALL.

MR. FALL: MR. SPEAKER, MEMBERS HAVE ON THEIR

DESKS THE B- AND C-CALENDAR. I NOW MOVE TO ADVANCE THE B- AND

C-CALENDARS.

ACTING SPEAKER AUBRY: ON MR. FALL'S MOTION

THE B- AND C-CALENDAR ARE ADVANCED.

MR. FALL.

MR. FALL: WE WOULD LIKE TO GO TO RULES REPORT

NO. 858 AND 860 BY MR. THIELE. AFTER WE WILL CONSENT THE B AND

C-CALENDARS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

PAGE 4, RULES REPORT NO. 858, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07754, RULES REPORT

NO. 858, THIELE, SHIMSKY, EACHUS. AN ACT TO AMEND THE VILLAGE LAW,

IN RELATION TO THE INCORPORATION OF VILLAGES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

(PAUSE)

AN EXPLANATION IS REQUESTED, MR. THIELE.

MR. THIELE: THANK YOU, MR. SPEAKER. THIS BILL

166

NYS ASSEMBLY JUNE 10, 2023

WOULD AMEND ARTICLE II OF THE VILLAGE LAW WHICH RELATES TO THE ISSUE

OF VILLAGE AND CORPORATION, THE PROCESS BY WHICH A TERRITORY CAN

BECOME A VILLAGE IN THE STATE OF NEW YORK. AND I'M GOING TO JUST TAKE

A LITTLE BIT OF TIME TO EXPLAIN THAT PROCESS BECAUSE IT WILL INFORM THE

PROVISIONS OF THE BILL.

SO TO CREATE A VILLAGE IN THE STATE OF NEW YORK, FIRST

OF ALL YOU MUST MAKE -- MEET A POPULATION AND AREA REQUIREMENT. YOU

HAVE TO HAVE AT LEAST 500 REGULAR INHABITANTS AND YOU HAVE TO BE AN

AREA THAT IS NOT MORE THAN 5 SQUARE MILES OR COTERMINOUS WITH OTHER

EXISTING DISTRICTS, EITHER A SINGLE DISTRICT OR ONE OR MORE DISTRICTS OR YOU

COULD BE COTERMINOUS WITH A TOWN. SO THERE ARE POPULATION

REQUIREMENTS, THERE ARE AREA REQUIREMENTS. SO FROM THERE, THIS PROCESS

BEGINS WITH A PETITION, AND THAT PETITION HAS CERTAIN REQUIREMENTS THAT

HAVE TO BE MET IN THE LAW. THERE ALSO HAS TO BE A MAP OF THE TERRITORY.

AND FOR A PETITION TO BE A VALID PETITION, THERE ARE TWO WAYS TO HAVE A

VALID PETITION. ONE, IT MUST BE SIGNED BY 20 PERCENT OR MORE OF THE

REGULAR INHABITANTS OF THE TERRITORY OR IT MUST BE SIGNED BY THE OWNERS

OF PROPERTY THAT ARE MORE THAN 50 PERCENT OF THE ASSESSED VALUATION OF

THE TERRITORY THAT'S GOING TO BECOME THE VILLAGE. SO EITHER BY BEING AN

INHABITANT OR BY BEING A PROPERTY OWNER YOU CAN PETITION TO CREATE A

VILLAGE. THAT PETITION GETS FILED WITH THE TOWN CLERK AND THEN IT IS -- IT

GOES TO THE TOWN SUPERVISOR. AND IT IS THE TOWN SUPERVISOR THAT --

THAT IS RESPONSIBLE FOR DEALING WITH THE PETITION, NOT THE TOWN BOARD,

JUST THE TOWN SUPERVISOR. AND THE TOWN SUPERVISOR IS REQUIRED TO

HAVE A PUBLIC HEARING FIRST, AND WE'LL HAVE IT AND THE HEARING ITSELF IS

167

NYS ASSEMBLY JUNE 10, 2023

ONLY ON THE LEGAL SUFFICIENCY OF THE PETITION. THINK OF THE SUPERVISOR

AS THE BOARD OF ELECTIONS DEALING WITH A PETITION, A CANDIDATE PETITION.

THEY ONLY LOOK AT THE LEGAL SUFFICIENCY OF THE PETITION UNDER THE

CURRENT LAW. THEY -- IT DOESN'T MATTER WHETHER THE SUPERVISOR THINKS

THE VILLAGE IS A GOOD IDEA OR A BAD IDEA OR INDIFFERENT, DOESN'T MATTER.

THEY'RE NOT LOOKING AT THAT. THEY'RE ONLY LOOKING AT THE FOUR CORNERS OF

THE PETITION TO DETERMINE WHETHER OR NOT IT IS LEGALLY SUFFICIENT. IF THE

SUPERVISOR FINDS THAT IT IS LEGALLY SUFFICIENT, IT THEN GOES TO A

REFERENDUM OF -- OF THE RESIDENTS THAT LIVE IN THE TERRITORY THAT ARE GOING

TO BECOME THE VILLAGE. IF HE RULES AGAINST THE PETITION THAT IT'S NOT

LEGALLY SUFFICIENT, THERE IS NO REFERENDUM BUT IT IS SUBJECT TO JUDICIAL

REVIEW PURSUANT TO ARTICLE 78. SO THAT'S A -- A BROAD OUTLINE OF -- OF --

OF THE PETITION AND THE VILLAGE INCORPORATION PROCESS. BEFORE I GET TO

THE SPECIFICS OF THE BILL, I'M JUST GOING TO TELL YOU A LITTLE BIT OF MY

EXPERIENCE THAT I THINK WILL ALSO INFORM ABOUT THIS LEGISLATION.

AS A TOWN ATTORNEY AND THEN AS A TOWN SUPERVISOR

AND A STATE ASSEMBLYMAN, AS A PUBLIC OFFICIAL DURING MY TENURE I'VE

SEEN THREE VILLAGE INCORPORATIONS IN MY DISTRICT. ONE OF THEM HAS BEEN

INCREDIBLY SUCCESSFUL AND TWO OF THEM HAVE BEEN UNMITIGATED

DISASTERS. ONE WAS THE VILLAGE OF PINE VALLEY WHICH WAS INCORPORATED

IN THE -- IN THE EARLY 1990'S AND WITHIN A FEW YEARS DISINCORPORATED.

AND THEN THERE WAS THE VILLAGE OF MASTIC BEACH WHICH I SHARE WITH

ASSEMBLYMEMBER DESTEFANO, THAT PARTICULAR AREA. THEY INCORPORATED

AND WITHIN A FEW YEARS DISINCORPORATED. THEY VERY QUICKLY HAD BUYER'S

REMORSE BECAUSE THEY GOT CAUGHT UP EITHER THAT THEY WERE ANGRY AT THE

168

NYS ASSEMBLY JUNE 10, 2023

TOWN OR THEY GOT CAUGHT UP IN THE IDEA OF HOME RULE AND MADE

EMOTIONAL DECISIONS WITHOUT ASSESSING WHETHER OR NOT A VILLAGE WAS A

GOOD IDEA, BECAUSE THERE'S NOTHING IN THE PROCESS THAT -- THAT -- THAT

PROVIDES FOR THAT. IN THE CASE OF THE VILLAGE OF MASTIC BEACH, THEY --

THEY VERY QUICKLY RAN UP A VERY LARGE DEBT, DISINCORPORATED AND THAT

DEBT HAD TO BE ASSUMED BY -- BY THE TOWN OF BROOKHAVEN. SO A LITTLE

BIT OF BACKGROUND.

NOW TO THE SPECIFICS OF THIS BILL. THIS BILL DOES A

COUPLE OF THINGS. NUMBER ONE, IT INCREASES THE POPULATION REQUIREMENT

FROM 500- TO 2,000 AS THE MINIMUM POPULATION. SECOND, IT WOULD

ELIMINATE THE ABILITY TO PETITION AS PROPERTY OWNERS. THE ABILITY -- YOU

KNOW, THE IDEA OF PROPERTY OWNERS BEING ABLE TO PETITION FOR A VILLAGE

OR AS A CONDITION OF VOTING IS A LONG-AGO DISCARDED ITEM, EXCEPT IN THIS

LAW. SO IF THIS BILL WERE TO BECOME LAW, YOU COULD ONLY PETITION UNDER

THE 20 PERCENT OF RESIDENTS, NOT AS THE BASIS OF A PROPERTY OWNER. THE

-- TO ME, THE MAJOR PART OF THIS BILL IS THAT IT REQUIRES A FISCAL -- FISCAL

STUDY TO BE PREPARED THAT WOULD LOOK AT THE PROVISION OF SERVICES, THE

FISCAL IMPACTS, THE TAX IMPACTS OF BOTH WITHIN THE VILLAGE AND THEN THE

REST OF THE TOWN OUTSIDE OF THE VILLAGE. SO BEFORE A VILLAGE -- A VILLAGE

INCORPORATION PETITION COULD BE VALID, THAT STUDY WOULD HAVE TO BE

DONE. IT WOULD HAVE TO BE SUBMITTED TO THE DEPARTMENT OF STATE WHICH

WOULD POST IT ON THEIR WEBSITE, SO THAT INFORMATION WOULD BE AVAILABLE

TO THE PUBLIC. AND THE LAST THING THAT I WOULD SAY ABOUT THIS BILL IS THAT

THESE PROVISIONS WOULD BECOME EFFECTIVE IMMEDIATELY, BUT ACROSS THE

STATE IF THERE'S ANY PLACE OUT THERE THAT IS CURRENTLY IN THE PROCESS OF

169

NYS ASSEMBLY JUNE 10, 2023

PETITIONING TO BECOME A VILLAGE, ANY SIGNATURES THAT HAVE ALREADY BEEN

GATHERED WOULD STILL BE VALID. THEY WOULD NOT BE EFFECTED BY THIS

STATUTE. SO SIGNATURES ALREADY GATHERED WOULD BE -- WOULD BE VALID,

STILL VALID AND WOULD BE GRANDFATHERED IN, BUT THE REST OF THE PROVISIONS

OF THIS LAW, MOST NOTABLY THE FISCAL IMPACT STUDY, WOULD HAVE TO BE

COMPLIED WITH AS -- AS PART OF ANY PETITION THAT IS PENDING.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: FIRST, THANK YOU TO MY COLLEAGUE

FOR A THOROUGH EXPLANATION OF BOTH THE CURRENT LAW AND HOW THIS LAW

WOULD CHANGE IT, APPRECIATE THAT EXPLANATION. THE BOTTOM LINE ESSENCE

IS THAT RIGHT NOW YOU CAN FORM A VILLAGE IF YOU HAVE 500 RESIDENTS.

UNDER THIS LEGISLATION YOU COULDN'T FORM A SMALLER VILLAGE, IT WOULD

ACTUALLY MAKE IT ILLEGAL TO FORM A VILLAGE UNLESS YOU ADD 2,000

RESIDENTS. UNDER CURRENT LAW, THE OWNERS OF OVER HALF THE ASSESSED

VALUE CAN INITIATE THE REFERENDUM TO CREATE A VILLAGE BECAUSE AFTER ALL,

THEY'RE GOING TO BE PAYING MORE THAN HALF THE TAXES. UNDER THIS, THERE

VOICE IS SILENT. THEY CAN STILL SIGN A PETITION, OF COURSE, BUT THEY CAN'T

MOVE THIS PROCESS FORWARD AS 50 PERCENT OF THE ASSESSED VALUE. THIS

NEW BILL CALLS FOR A FISCAL STUDY WHICH IN GENERAL IS GOOD, BUT IF YOU'RE

CREATING A BRAND-NEW VILLAGE, UNTIL YOU CREATE IT, YOU DON'T KNOW WHAT

THE VILLAGE IS GOING TO PROVIDE BECAUSE YOU DON'T HAVE ANY VILLAGE

TRUSTEES OR VILLAGE MAYOR. AND SO THE FISCAL STUDY IS TOTALLY ILLUSORY

170

NYS ASSEMBLY JUNE 10, 2023

AND HYPOTHETICAL. THE BOTTOM LINE FOR MOST PEOPLE IS THE FACT THAT NO

VILLAGE REGARDLESS OF SIZE CAN BE -- CAN BE CREATED WITHOUT A

REFERENDUM. SO WHAT THIS BILL SAYS IS THAT IF YOU HAVE 2,000 RESIDENTS,

EVEN WITH A REFERENDUM YOU CANNOT CREATE A VILLAGE. WHAT THIS LAW

SAYS IS EVEN IF MORE THAN HALF OF THE ASSESSED VALUE WANT A VILLAGE,

THAT'S NOT ENOUGH BY ITSELF. I BELIEVE IN LOCAL GOVERNMENT. I'VE WORKED

FOR SMALL VILLAGES. I'VE WORKED FOR SOME VERY SMALL VILLAGES. AT ONE

TIME I THINK I REPRESENTED ONE OF THE SMALLEST VILLAGES IN THE ENTIRE

STATE, THAT WAS SUCCESSFUL. I THINK IT'S UP TO THE PEOPLE GOING THROUGH A

REFERENDUM TO DECIDE IF THEY WANT TO BE A VILLAGE, AND SHOULDN'T BE UP

TO US TO SET AN ARTIFICIAL THRESHOLD OF MORE THAN 2,000 PEOPLE. AND

SECONDLY, I THINK IT'S UP TO THE PEOPLE TO DECIDE IF THEY DON'T WANT A

VILLAGE. AND THE CURRENT PROCESS ALLOWS THE PEOPLE BY REFERENDUM TO

ELIMINATE THE VILLAGE. SO MY PERSPECTIVE, I'D RATHER LET THE PEOPLE WHO

LIVE THERE, WHO KNOW OF THINGS BETTER THAN ANY OF US TO DECIDE FOR

THEMSELVES, WITH A REFERENDUM, WHETHER THEY WANT A SMALL VILLAGE OR

NOT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. THIELE YIELDS.

MR. RA: COULD YOU JUST EXPLAIN THE POPULATION

THRESHOLD PIECE? I KNOW THERE WAS SOME TYPE OF I GUESS STUDY THAT

SUGGESTED THAT VILLAGES UNDER -- UNDER 2,000, YOU KNOW, OR UNDER -- I'M

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SORRY, YOU KNOW, 500 OR WHATEVER COULD NOT FUNCTION NORMALLY. BUT

MY UNDERSTANDING IS THAT THERE'S CURRENTLY 291 VILLAGES AND 347 TOWNS

IN NEW YORK STATE THAT HAVE FEWER THAN 2,000 RESIDENTS. SO I DON'T

KNOW IF YOU'RE AWARE OF PROBLEMS WITH THOSE PARTICULAR MUNICIPALITIES,

JUST A REASON FOR THAT POPULATION.

MR. THIELE: YEAH. THERE -- THERE IS A STUDY THAT

WAS RECENTLY DONE BY PACE UNIVERSITY LAW SCHOOL THAT -- THAT WENT

THROUGH ALL THOSE THINGS. I WOULDN'T -- ME PERSONALLY, I WOULD NOT

MAKE THE ARGUMENT THAT VILLAGES UNDER 2,000 COULDN'T BE FINANCIALLY

VIABLE. I -- I THINK THAT THAT POPULATION REQUIREMENT BEING INCREASED IS

MORE NECESSARY BECAUSE YOU DON'T WANT TO HAVE A PROLIFERATION OF

VILLAGES ALSO AND DUPLICATION OF SERVICES IN GOVERNMENT. THERE SHOULD

BE A LARGER MINIMUM SIZE. IN FACT, NASSAU COUNTY HAPPENS TO BE THE

PERFECT EXAMPLE OF THAT. THERE WAS SUCH AN INTEREST IN -- IN GAINING

LOCAL LAND USE CONTROL IN NASSAU COUNTY AWAY FROM THE TOWNS THAT

THERE WAS A WHOLE PROLIFERATION OF VILLAGES. SO MANY THAT NASSAU --

NASSAU COUNTY AMENDED THEIR CHARTER. SO THERE WAS AN AMENDMENT TO

THE NASSAU COUNTY CHARTER THAT SAID ANY VILLAGE FORMED AFTER 1963,

THEY CAN FORM A VILLAGE BUT THEY DON'T HAVE ANY LAND USE AUTHORITY IF

THEY WERE FORMED AFTER THAT. SO I THINK LIKE THAT NASSAU COUNTY

EXAMPLE, THERE IS THE POTENTIAL FOR A PROLIFERATION OF LOCAL GOVERNMENT

THAT IS -- DOES NOT PROVIDE THE EFFICIENT DELIVERY OF SERVICES AND, YOU

KNOW, THE 500- REQUIREMENT GOES BACK 50 YEARS AND WE'RE REALLY

UPDATING IT. AND I THINK THAT'S MY MOTIVATION HERE IS TO HAVE A -- A

SIZEABLE LOCAL GOVERNMENT THAT YES, CAN FUNCTION BUT THAT WE DON'T HAVE

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NYS ASSEMBLY JUNE 10, 2023

A PROLIFERATION OF GOVERNMENT, ALSO.

MR. RA: OKAY. THANK -- THANK YOU, MR. THIELE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: SO I -- I DO HAVE, YOU KNOW, A FEW

CONCERNS WITH THIS PIECE OF LEGISLATION. IT DOES MAKE IT MORE DIFFICULT

TO FORM A VILLAGE. YOU KNOW, AS MY COLLEAGUE SAID, AT THE END OF DAY

IN ORDER TO FORM ONE THERE HAS TO BE A REFERENDUM. SO IT'S NOT AS IF, YOU

KNOW, IT'S PARTICULARLY EASY TO FORM A NEW VILLAGE. I UNDERSTAND THE

CONCERN WITH THE -- WITH THE SIZE OF POPULATION, BUT I -- BUT I ALSO KNOW

I'VE HAD, YOU KNOW, CONSTITUENTS -- I -- I REPRESENT A NUMBER OF

VILLAGES, I REPRESENT A NUMBER OF UNINCORPORATED HAMLETS. AND I'VE,

YOU KNOW -- I'LL BE HONEST, THERE ARE TIMES WHEN I HEAR FROM VILLAGE

RESIDENTS THAT THEY WISH THEY WEREN'T IN A VILLAGE 'CAUSE MAYBE THEY

DON'T LIKE SOMETHING THE VILLAGE IS DOING AND PLENTY OF TIMES WHERE I

HEAR FROM PEOPLE WHO LIVE IN UNINCORPORATED HAMLETS THAT SAY HEY, IF

ONLY WE WERE A VILLAGE WE COULD DO X, Y AND Z. BUT AT THE END OF THE

DAY, UNDER CURRENT LAW, THERE ARE PROVISIONS THAT ALLOW THAT OPPORTUNITY

FOR THOSE VILLAGES -- OR I'M SORRY, FOR THOSE RESIDENTS TO HAVE SOME LEVEL

OF SELF-DETERMINATION WITH -- WITH REGARD TO THE FORMATION OF A VILLAGE.

AND IF SOMEBODY COMES UP WITH THE APPROPRIATE LEVEL OF SUPPORT AND

CAN GET A REFERENDUM PASSED THEY CAN -- THEY CAN CREATE A VILLAGE. SO I

-- I KNOW THAT THERE'S BEEN OBJECTIONS TO THIS RAISED BY -- BY

ORGANIZATIONS THAT ARE CONCERNED WITH PROTECTING THE RIGHTS OF -- OF

VILLAGES AND LOCAL GOVERNMENTS INCLUDING THE NEW YORK STATE

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NYS ASSEMBLY JUNE 10, 2023

CONFERENCE OF MAYORS AND AS -- AS A RESULT OF THAT I'M GOING TO BE

CASTING A VOTE IN THE NEGATIVE BECAUSE I THINK THAT IT'S APPROPRIATE THAT

WE CONTINUE TO ALLOW RESIDENTS TO HAVE THAT ABILITY TO DETERMINE FOR

THEMSELVES WHETHER -- WHETHER THEY WANT TO MAKE THAT CHOICE TO FORM

A VILLAGE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. PAULIN.

MS. PAULIN: THANK YOU. WILL THE SPONSOR YIELD?

MR. THIELE: YES.

ACTING SPEAKER AUBRY: MR. THIELE YIELDS.

MS. PAULIN: THANK YOU SO MUCH. IT'S JUST A FEW

QUESTIONS. THE BILL SAYS THAT IF THERE WERE PETITIONS THAT HAVE ALREADY

COLLECTED SIGNATURES, THIS BILL DOES NOT INVALIDATE THEM. IS THE IDEA THAT

THEY WON'T HAVE TO START FROM SCRATCH?

MR. THIELE: YES.

MS. PAULIN: BUT IF THERE ARE PETITIONS THAT ARE

ALREADY IN PROGRESS THAT WERE BASED ON THE PRIOR LAW, THEY WOULD'VE

ALLEGED IN THE PETITION THAT THE PROPOSED VILLAGE HAS AT LEAST IN THE PRIOR

500 INHABITANTS AND NOW IN THE NEW IT WOULD SAY 2,000. THEY

WOULD'VE HAD TO PRINT THAT ON THE PETITION. DOES THAT INVALIDATE THOSE

PETITIONS?

MR. THIELE: IT DOES NOT.

MS. PAULIN: THE BILL ALSO REQUIRES THAT A FISCAL

STUDY OF THE FISCAL SERVICE AND TAXATION INTERESTS OF THE PROPOSED

VILLAGE AND THE REST OF THE TOWN MUST BE COMPLETED. DO THE PETITIONERS

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NYS ASSEMBLY JUNE 10, 2023

HAVE TO DO THEIR OWN STUDY OR CAN THEY RELY ON A THIRD-PARTY STUDY?

MR. THIELE: THERE NEEDS TO BE A STUDY. THE

INCORPORATORS, THERE'S -- THERE'S A -- WHEN YOU SEE A PETITION LISTED ARE

THE INCORPORATORS THAT -- THAT ARE RESPONSIBLE FOR LEGAL SERVICE AND ALL OF

THAT. THEY ARE RESPONSIBLE FOR PROVIDING A STUDY THAT WOULD BE

SUBMITTED TO THE -- TO THE -- TO THE DEPARTMENT OF STATE, TO THE

SECRETARY OF STATE. WHETHER THEY PROVIDE -- WHETHER THEY TAKE THE

ACTIONS TO DO THE STUDY OR HIRE A CONSULTANT OR THEY USE A -- A -- A STUDY

THAT'S BEEN DONE BY SOMEBODY ELSE AND THEY HAVE PERMISSION TO USE

THAT STUDY, THERE HAS TO BE A STUDY. AND IT'S THE RESPONSIBILITY OF THE

INCORPORATORS TO PROVIDE THAT STUDY TO THE SECRETARY OF STATE. HOW THEY

DO THAT, I WOULD THINK IS UP TO THE INCORPORATORS. SO IF THERE'S A PRIOR

STUDY, AS YOU MENTIONED, THERE'S NO REASON WHY -- AND IT MEETS THE

REQUIREMENTS OF THIS LAW, THERE'S NO REASON WHY THEY COULDN'T USE THAT

STUDY.

MS. PAULIN: SO IN THE TWO EXISTING SCENARIOS OUT IN

THE WORLD, BECAUSE THERE ARE TWO COMMUNITIES THAT ARE LOOKING TO

BECOME VILLAGES CURRENTLY, THE -- THE TOWNS HAVE OBJECTED AND HAVE

BEEN VERY LITIGIOUS. SO WE KNOW THAT, YOU KNOW, THAT IS LIKELY.

HOWEVER, CAN A PETITION BECAUSE THEY DON'T THINK THE STUDY WAS

ADEQUATE OR BECAUSE THEY DISAGREE WITH THE CONCLUSIONS, CAN THAT BE

OBJECTED TO AS A GROUNDS FOR A LAWSUIT?

MR. THIELE: WELL, I WOULD SAY ANYBODY CAN SUE ON

ANYTHING. WE -- WE SEE THAT EVERY DAY. SO NOTHINGS -- NOTHINGS GOING

TO STOP SOMEBODY FROM FILING A LAWSUIT IF THEY WANT TO FILE A LAWSUIT. I

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NYS ASSEMBLY JUNE 10, 2023

THINK THE QUESTION IS, CAN YOU FILE A MERITORIOUS LAWSUIT IN A PARTICULAR

CASE. AND, YOU KNOW, THE STATUTE BASICALLY SAYS THAT YOU HAVE TO DO A

STUDY ON THE FISCAL IMPACTS, THE -- THE SERVICES AND -- AND THE TAX

IMPACTS. SO IF THE STUDY ADDRESSES THOSE THREE AREAS, OVERALL FISCAL

IMPACT, THE PROVISION OF SERVICES AND THE IMPACT OF TAX -- ON TAXES FOR

BOTH THE TERRITORY TO BE INCORPORATED AS WELL AS OUTSIDE IN THE REST OF

THE TOWN, IF IT ADDRESSES THOSE ITEMS THAT ARE IN THE STATUTE, YOU KNOW,

THERE MAY BE A LAWSUIT BUT I -- I DON'T BELIEVE IT WOULD BE A WINNING

LAWSUIT.

MS. PAULIN: AND WOULDN'T YOU ALSO SAY THAT IT'S THE

INCORPORATORS THAT WOULD HAVE -- WOULD BE THE ONLY ONES THAT WOULD

HAVE ACCESS TO THE SERVICES THAT THEY WANT TO BUY BACK OR PROVIDE

THEMSELVES. THEREFORE, THAT WOULD BE ONE FACTOR. AND WOULDN'T IT ALSO

BE UP TO THEM TO KNOW, YOU KNOW, WHAT THEY'RE SPECIFICALLY GOING TO OR

HOW THEY'RE GOING TO SPECIFICALLY GOING TO INTERACT MONETARILY WITH THE

TOWN SO THE TOWN WOULDN'T KNOW OR BE ABLE TO ASSESS WHETHER THE FISCAL

WAS ADEQUATE BECAUSE THEY WOULDN'T HAVE THAT INFORMATION. WOULDN'T

YOU SAY THAT'S CORRECT?

MR. THIELE: WELL, I WOULD SAY TWO THINGS. ONE, I

THINK THE STATUTE PROVIDES THAT THE RESPONSIBILITY IS FOR THE

INCORPORATORS. AND AS YOU SAY, ONLY THEY CAN KNOW WHAT THEIR VISION

IS FOR THE VILLAGE. AND THERE ARE -- YOU KNOW, THERE'S -- THERE'S A

VILLAGE, THERE'S ONLY ONE VILLAGE, ONE ENTITY THAT'S CALLED THE VILLAGE, BUT

THERE ARE MANY DIFFERENT ASPECTS OF WHAT -- WHAT VILLAGES CAN BE. I

HAVE VILLAGES IN MY DISTRICT THAT ARE I WOULD CALL FULL-SERVICE VILLAGES.

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NYS ASSEMBLY JUNE 10, 2023

THEY HAVE POLICE DEPARTMENTS, HIGHWAY DEPARTMENTS, PLANNING BOARDS,

BUILDING DEPARTMENTS, THEY DO EVERYTHING. THERE ARE OTHER VILLAGES

THAT -- THAT ARE IN MY DISTRICT THAT -- THAT EXIST THAT THEY REALLY -- THEIR

INTEREST WAS LAND USE. SO THEY STILL HAVE THE TOWN PROVIDE HIGHWAY

SERVICES, THEY STILL HAVE THE TOWN TO PROVIDE POLICE SERVICES. ONLY THE

INCORPORATORS CAN KNOW WHAT THEY WANT THAT VILLAGE TO LOOK LIKE, WHY

THEY'RE FORMING IT, WHAT SERVICES THEY WANT, SO YES, I WOULD AGREE THAT

IT'S THE INCORPORATORS THAT -- THAT -- THAT HAVE THAT RESPONSIBILITY. AND

ARE THE ONLY ONES REALLY THAT CAN, YOU KNOW, ASSESS THAT. YOU KNOW AS

MR. GOODELL SAID, YOU KNOW, THERE -- THERE WILL ULTIMATELY BE A VILLAGE

BOARD AND THEY'LL MAKE THE DECISIONS ON THE BUDGET, THE CAPITAL BUDGET

AND ALL OF THOSE THINGS, BUT IT'S REALLY THE INCORPORATORS PRESENTING, YOU

KNOW, REFERENDUM OF WHAT THEIR VISION IS FOR THE -- THE VILLAGE AND THAT

VILLAGE HAS TO HAVE DOLLARS AND CENTS ATTACHED TO IT. SO YES. I -- I -- I

THINK IT'S THE INCORPORATORS THAT HAVE THAT RESPONSIBILITY.

MS. PAULIN: AND YOU WOULD ALSO AGREE I THINK THAT

IT'S A POINT IN TIME. YOU KNOW, FOR EXAMPLE, THERE MAY BE NEGOTIATIONS

WITH STAFF OR WHATEVER FOR DIFFERENT SALARY LEVELS. SO IT'S A POINT IN TIME

THAT THE -- THE STUDY WOULD BE ACCURATE OR NOT ACCURATE IN TERMS OF ITS

FISCAL BASED ON THE INCORPORATORS' VISION.

MR. THIELE: WELL, YES. I MEAN YOU'RE -- YOU'RE

LOOKING AT THE PRESENT. ANY SUCH STUDY AFTER A PERIOD OF TIME IS GOING

TO BECOME STALE WITH CHANGED CONDITIONS, BUT IT CERTAINLY SHOULD BE

ACCURATE AND VALID ENOUGH TO SURVIVE THE TIME LIMIT OF AN

INCORPORATION.

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NYS ASSEMBLY JUNE 10, 2023

MS. PAULIN: SO THAT THE ONLY BASIS FOR AN OBJECTION

WOULD BE IF THERE WAS NO STUDY AT ALL ON THOSE SUBJECT MATTERS AS -- AS

THOUGHT BY THE INCORPORATORS IN TERMS OF THEIR VISION; IS THAT CORRECT?

MR. THIELE: THAT'S CORRECT. THE -- THE TOWN

SUPERVISOR WOULD -- WOULD HAVE TO LOOK AND SEE, DID THEY PROVIDE A --

A -- THE STUDY AND ARE THE ISSUES THAT ARE IN THE STATUTE ADDRESSED. IT IS --

JUST LIKE IT IS NOT UNDER CURRENT LAW UP TO A TOWN SUPERVISOR TO

DETERMINE WHETHER OR NOT IS A GOOD IDEA OR A BAD IDEA. IT STILL WOULD

NOT BE UP TO THE -- THE -- THE TOWN SUPER -- TOWN SUPERVISOR TO

DETERMINE WHETHER THEY PROVIDED A GOOD BUDGET OR A BAD BUDGET.

THAT'S NOT THE ROLE OF THE TOWN SUPERVISOR UNDER THIS STATUTE. IT IS ONLY

TO CHECK THE BOX. DID THEY PROVIDE THE STUDY AND DOES THAT STUDY MEET

THE -- THE BROAD REQUIREMENTS OF THIS STATUTE.

MS. PAULIN: THANK YOU, FRED.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

PAULIN.

MS. PAULIN: CURRENTLY, THERE ARE TWO COMMUNITIES

THAT ARE LOOKING TO BECOME VILLAGES. ONE OF THEM IS THE COMMUNITY

THAT I REPRESENT AND EDGEMONT PART OF GREENBURGH. THIS HAS BEEN

GOING ON FOR SEVEN YEARS. THE TOWN SUPERVISOR HAS OBJECTED TWICE,

BROUGHT IT TO LITIGATION AND BOTH TIMES WAS SOMEWHAT SUCCESSFUL SO THAT

NEW PETITIONS WOULD HAVE TO BE CIRCULATED. THEY ARE ABOUT TO FILE THEM

AGAIN. THIS BILL AND ONE OTHER WE'LL SEE SHORTLY IS TARGETING MY

COMMUNITY. TARGETING THEM SO THAT THEY WILL HAVE YET ANOTHER

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NYS ASSEMBLY JUNE 10, 2023

GROUNDS FOR LITIGATION, THIS BILL, IF IT'S PASSED. SO YET, ANOTHER MISSED

OPPORTUNITY POTENTIALLY FOR THIS COMMUNITY BECAUSE WE KNOW THAT THE

SUPERVISOR IS GOING TO REJECT THEM AND ARTICLE 78 WILL BE ENACTED AND

THEN THIS COMMUNITY AGAIN WILL POTENTIALLY NOT BE ABLE TO BECOME A

VILLAGE. I FIND THE LAST MINUTE NATURE OF BRINGING THIS FORWARD SIMILAR

TO WHAT MY COLLEAGUES HAVE SAID ON THE OTHER SIDE OF THE AISLE AND THE

FACT THAT IT'S TARGETING MY 7,800 CONSTITUENTS APPALLING. WITH THAT I CAST

MY VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MS. SHIMSKY.

MS. SHIMSKY: THANK YOU VERY MUCH, MR.

SPEAKER. I ASK THE -- THE SPONSOR TO YIELD FOR A QUESTION OR TWO.

ACTING SPEAKER AUBRY: CERTAINLY. MR.

THIELE?

MR. THIELE: YEAH, I WILL YIELD, YES.

MS. SHIMSKY: OKAY. I THINK THIS RATHER THAN A

SPECIFIC ANSWER MORE YOUR WISDOM ON THE SUBJECT. WE ALL KNOW THAT

ANY OF OUR GOVERNMENTS, INCLUDING OUR STATE GOVERNMENT IS A WORK IN

PROGRESS AND THINGS EVOLVE AND CHANGE OVER TIME. WHAT DO YOU SEE AS

THE VALUE IN HAVING AN ENTITY SEEKING TO INCORPORATE TO PUT OUT A FIRST

DRAFT OF WHAT THEY SEE THEIR GOVERNMENT IS LIKE AND HOW THAT WOULD

IMPROVE THE REALITY OF THEIR GOVERNMENT GOING FORWARD SHOULD

INCORPORATION BE APPROVED BY THE VOTERS?

MR. THIELE: WELL, ANY INCORPORATION IS BEGUN BY

PROPONENTS OF THE INCORPORATION THAT ARE CIRCULATING THE PETITION. SO

HAVING A FISCAL FEASIBILITY STUDY ALLOWS THE PUBLIC WHO'S GOING TO VOTE

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TO KNOW WHAT THEIR VISION IS, WHAT THEY THINK THE VILLAGE IS. THEY'RE

THE ONES PROPOSING IT, WHAT DO THEY THINK THAT VILLAGE SHOULD BE.

SHOULD THEY HAVE A POLICE DEPARTMENT OR SHOULD -- OR SHOULD THEY

CONTINUE TO HAVE THE TOWN POLICE DEPARTMENT, SHOULD THEY HAVE A

HIGHWAY DEPARTMENT. AND THEY WILL ALSO GET TO KNOW WHAT THE FISCAL

IMPACT OF PROVIDING THOSE SERVICES ARE. SO REALLY TO KIND OF ADDRESS

YOUR QUESTION AND -- AND -- AND SOME OF THE THINGS THAT WERE SAID BY

MR. GOODELL EARLIER, I LIVE IN A VILLAGE. I'VE BEEN A VILLAGE ATTORNEY. I

BELIEVE IN VILLAGE GOVERNMENT, I THINK IT'S -- IT'S GREAT. BUT I THINK

WHEN PEOPLE MAKE A DECISION ON THE CREATION OF A VILLAGE IT'S A SERIOUS

DECISION AND IT SHOULD BE AN INFORMED DECISION. AND WHAT I THINK THIS

BILL DOES IS THAT IT GIVES THE COMMUNITY AN IDEA OF WHAT THE VISION IS OF

THE INCORPORATORS AND WHAT IT'S GOING TO COST TO BE ABLE TO DO THAT. AND

I THINK THAT ALLOWS THEM, NOT JUST TO MAKE IT A DECISION BUT TO MAKE AN

INFORMED DECISION.

MS. SHIMSKY: OKAY, THANK YOU. AND WITH REGARD

TO THE FINANCIAL SUSTAINABILITY QUESTION, OBVIOUSLY IF YOU ARE AN EXISTING

VILLAGE YOU ALREADY HAVE A BASELINE ESTABLISHED AS TO THE KINDS OF

SERVICES YOU HAVE, THE KINDS OF ASSETS YOU HAVE, AND THE COST OF THOSE

ASSETS. WHEN YOU'RE STARTING A VILLAGE FROM SCRATCH -- FROM SCRATCH TO

AT LEAST SOME DEGREE, IS THERE THE POTENTIAL FOR GREATER FINANCIAL RISK?

MR. THIELE: WELL, I MEAN THERE'S ALWAYS MORE

UNCERTAINTY I THINK WHEN -- WHEN YOU'RE STARTING OUT. BUT I THINK WHAT

YOU NEED TO DO IN A SITUATION IN DOING THAT KIND OF FINANCIAL FEASIBILITY

STUDY, YOU WANT TO LOOK AT THE PROPERTY TAX BASE OF THE VILLAGE, YOU

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NYS ASSEMBLY JUNE 10, 2023

KNOW, WHAT KIND OF SERVICES DO YOU WANT, WHAT'S IMPORTANT TO THE

COMMUNITY, HOW YOU'RE GOING TO PROVIDE THOSE SERVICES. YOU KNOW,

ANY BUDGET IS -- TYPICALLY WHETHER IT'S VILLAGE, TOWN, COUNTY, THE

BUDGET'S GOING TO BE 70 TO 80 PERCENT SALARY AND BENEFITS, SO YOU NEED

TO KNOW HOW MANY EMPLOYEES IS IT GOING TO TAKE AND WHAT'S THE -- THE

-- THE SALARY RANGE IN THAT PARTICULAR REGION AND THAT COMMUNITY, HOW

MUCH IS IT GOING TO COST. SO I THINK YES. YOU KNOW, YOU DON'T HAVE

THE CERTAINTY OF HAVING DONE IT BEFORE, BUT I THINK YOU CAN PUT TOGETHER

A PICTURE THAT PROVIDES THE RESIDENTS NOT CERTAINTY BUT A GOOD IDEA OF

WHAT SERVICES A VILLAGE WOULD PROVIDE AND WHAT IT'S GOING TO COST TO

PROVIDE THOSE SERVICES.

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

THIELE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

SHIMSKY.

MS. SHIMSKY: OKAY. IT IS THE WILD WEST OUT THERE

WHEN IT COMES TO VILLAGE INCORPORATION. I HAVE SEEN THIS IN PRACTICE FOR

CLOSE TO 20 YEARS IN MY OWN AREA WHICH ABUTS ASSEMBLYWOMAN

PAULIN'S AREA. WE NEED TO PUT IN PLACE SOME SAFEGUARDS TO MAKE SURE

THAT THE EXISTING TOWN IS PROTECTED AND THAT THE PEOPLE VOTING FOR THE

EXISTING VILLAGE HAVE A SHOT AT BEING THE KIND OF FINANCIALLY SUSTAINABLE

AND HAPPY VILLAGE THAT FRED HAS LIVED IN AND THAT I HAVE LIVED IN FOR

MANY YEARS. THIS PARTICULAR BILL, THE SKOUFIS BILL ONLY CHANGES THREE

THINGS. ONE IS GETTING RID OF THE PETITION AS PROPERTY OWNERS. I BET YOU

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NYS ASSEMBLY JUNE 10, 2023

ALL THOUGHT THAT THIS KIND OF PETITION REQUIREMENT WOULD HAVE BEEN

DEAD BY THE TIME ANDREW JACKSON WAS DEAD. BUT IT'S NOT. THIS GOT

INTO OUR LAW SOMEHOW GENERATIONS AFTER MR. JACKSON'S DEATH. HOW IT

GOT IN, I DON'T KNOW BUT I DON'T SEE HOW WE COULD TALK ABOUT OURSELVES

AS A FORWARD-LOOKING AND FORWARD-THINKING BODY, MUCH LESS A

PROGRESSIVE BODY IF WE STILL MAINTAIN THESE PROPERTY REQUIREMENTS

WHICH ARE OBVIOUSLY EXTREMELY ANTIQUATED. IN TERMS OF THE POPULATION

REQUIREMENTS, IN -- IN MOST OF -- OF THE POPULATED AREAS OF OUR STATE,

HAVING VILLAGES AS SMALL AS 500 PEOPLE WOULD CERTAINLY CAUSE LOTS OF

PROBLEMS IN TERMS OF PROLIFERATION OF EVERYTHING INCLUDING ELECTIONS. IT

WOULD ALSO -- I THINK THERE IS THE POTENTIAL FOR CERTAIN LEVELS OF

FINANCIAL CHAOS AND UNSUSTAINABILITY, ESPECIALLY DEPENDING ON THE

VISION FOR THE AMOUNT OF SERVICES THAT PEOPLE HAVE. I THINK RAISING THE

REQUIREMENTS IS A GOOD IDEA ALL AROUND. THE THIRD THING, THE FINANCIAL

ANALYSIS. WE'VE ALREADY HEARD FROM THE SPONSOR OF THIS BILL HOW

BUYER'S REMORSE CAN RESULT IN ALL KINDS OF CHAOS AFTER AN INCORPORATION

VOTE. ENSURING THAT THERE IS AT LEAST A WELL-THOUGHT-OUT FIRST DRAFT OF

HISTORY SO PEOPLE HAVE AN IDEA WHERE THIS IS GOING TO GO BEFORE THEY

CAST THEIR VOTES IS ABSOLUTELY CRITICAL TO MAKE OUR MUNICIPALITIES RUN

PROPERLY. FOR THOSE REASONS, MR. SPEAKER, I WILL BE VOTING IN THE

AFFIRMATIVE AND ENCOURAGE ALL MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

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NYS ASSEMBLY JUNE 10, 2023

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT CAN CERTAINLY VOTE YES HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. FALL.

MR. FALL: THANK YOU, MR. SPEAKER. THE MAJORITY

CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF

THERE ARE THOSE THAT WOULD LIKE TO VOTE IN A DIFFERENT DIRECTION THEY CAN

DO SO AT THEIR DESKS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I REPRESENT SEVERAL

VILLAGES THAT ARE IN MY COUNTY AND IN MY DISTRICT THAT HAVE LESS THAN

2,000 RESIDENTS THAT WOULD BE VERY, VERY SURPRISED TO FIND OUT HOW

UNSUCCESSFUL THEY ARE. THEY ACTUALLY CONSIDER THEMSELVES

EXTRAORDINARILY SUCCESSFUL AND ARE VERY, VERY PROUD OF THEIR OPERATION.

THEY'VE LEARNED HOW TO LIVE WITHIN THEIR MEANS. THEIR RESIDENTS REALLY

LIKE THE FACT THAT THEY'RE A SEPARATE VILLAGE. THEY TAKE GREAT PRIDE IN IT

AND THEY DO VERY WELL. IT'S JUST A LITTLE BIT ARROGANT AS AN INSTITUTION

WHEN WE MAKE DECISIONS THAT IGNORE THE WILL OF THE PEOPLE THAT ARE IN

THOSE AREAS AND APPLY A BLANK -- BLANKET RULE. SO FOR THOSE OF YOU,

ACTUALLY WE'VE HAD -- SOME OF MY COLLEAGUES HAVE COME -- BEMUS

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NYS ASSEMBLY JUNE 10, 2023

POINT, FOR EXAMPLE, HAS 364 RESIDENTS. MR. MEEKS WAS IN MY

COMMUNITY AND WE HAD LUNCH THE OTHER DAY AND WHAT A GREAT

COMMUNITY, ISN'T IT, BEMUS POINT, 364 RESIDENTS; BUSTI, 391; PANAMA,

479; SHERMAN, 730. NOW, THE UNIQUE THING ABOUT A SMALL VILLAGE IS

THEY ALL KNOW EACH OTHER AND THERE'S NO SECRETS AND THEY ALL WORK

TOGETHER TO MAKE THINGS HAPPEN. AND IN BEMUS POINT WITH ONLY 364

RESIDENTS, IT'S NOT UNUSUAL TO SEE THE MAYOR MOWING THE VILLAGE PARK

BUT THAT'S JUST PART OF LIVING IN A GREAT, SMALL VILLAGE. SO I THINK WE

OUGHT TO LET THE PEOPLE DECIDE FOR THEMSELVES WHAT WORKS BEST FOR

THEM AND NOT IMPOSE AN ARTIFICIAL CAP ON THE SIZE OF VILLAGES ACROSS THE

STATE OF NEW YORK WITHOUT REALLY ANY REGARD TO WHAT THE PEOPLE WANT.

FOR THAT REASON I WILL NOT BE SUPPORTING THIS LEGISLATION. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. FLOOD TO EXPLAIN HIS VOTE.

MR. FLOOD: THANK YOU, MR. SPEAKER. AND FIRST LET

-- LET ME SAY I DO COMMEND THE SPONSOR ON TRYING TO BRING THIS

LEGISLATION. I DO UNDERSTAND THAT SOME VILLAGES DO KIND OF BITE OFF

MORE THAN THEY CAN CHEW, BUT AT THE TIME WHEN THE MASTIC BEACH

VILLAGE WAS -- I GUESS, WHATEVER YOU WANT TO CALL IT, RETURNING BACK TO

THE TOWN OF BROOKHAVEN, I SAT ON BOTH SIDES OF IT. I WAS WORKING FOR

THE TOWN OF BROOKHAVEN DURING THAT TRANSITION. HOWEVER, THE -- THE

DISTRICT THAT I REPRESENT HAS FOUR VILLAGES INSIDE OF IT. IN FACT, I LIVE IN

ONE OF THOSE VILLAGES, THE VILLAGE OF PORT JEFF WHICH HAS ABOUT 7,200

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RESIDENTS. HOWEVER, THE THREE OTHER VILLAGES THAT ARE IN MY DISTRICT,

POQUOTT, BELLE TERRE AND OLD FIELD ARE SOMEWHERE BETWEEN 800- AND

950. ARGUABLY THOSE THREE VILLAGES RUN MORE EFFICIENTLY THAN THE

VILLAGE OF PORT JEFF DOES AND I'M NOT DISCOURAGING THE VILLAGE I LIVE IN,

I'M ACTUALLY QUITE HAPPY LIVING THERE. I THINK, THOUGH, IT'S IMPORTANT TO

UNDERSTAND THAT THE -- WHEN DETERMINING WHAT FACTORS NEED TO BE

LOOKED AT WHEN TRYING TO INCORPORATE A VILLAGE, YOU'RE LOOKING AT WHAT

IS THAT SPECIFIC TAX BASE THAT'S GOING TO BE PROVIDING THE SERVICES, WHAT

SERVICES MUST THAT VILLAGE PROVIDE AND WHAT SERVICES DOES THAT VILLAGE

WANT TO PROVIDE. AND I DON'T THINK THERE'S ANYONE ELSE THAT CAN MAKE

THAT DETERMINATION THAN THE LOCAL PEOPLE THAT LIVE THERE. I UNDERSTAND

SOME OF THE -- THE POSITIVE THINGS THAT THIS BILL IS TRYING TO DO, BUT

ULTIMATELY A CAP ON -- A FLAT CAP OF 2,000 RESIDENTS TO BE ABLE TO

INCORPORATE I THINK NEGATIVELY IMPACTS A LOT OF SMALLER COMMUNITIES,

UPSTATE RURAL COMMUNITIES. AND EVEN IN THE MIDDLE OF LONG ISLAND WE

HAVE LOTS OF SMALL, LITTLE VILLAGES THAT RUN EXTREMELY EFFICIENTLY WITH

SMALL POPULATIONS. FOR THAT REASON I'LL BE VOTING IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. FLOOD IN THE

NEGATIVE.

MS. PAULIN TO EXPLAIN HER VOTE.

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

TO PUT A COUPLE OF THINGS ON THE RECORD. AND THAT IS, YOU KNOW, IN

GOING THROUGH THIS, I THINK THAT THIS LANGUAGE WAS RUSHED AND WRITTEN

BY THE -- THE SENATE MAJORITY LEADER WHO -- WHOSE DISTRICT -- THE --

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NYS ASSEMBLY JUNE 10, 2023

WHO WANTS THE BILL. AND THE -- AND AS SUCH, UNDERSTANDING BECAUSE SHE

DOES REPRESENT BOTH, THAT -- THAT THE VILLAGE -- PROSPECTIVE VILLAGE OF

EDGEMONT NEEDS TO BE EXCLUDED. I HAVE A LETTER TO THAT EFFECT FROM HER

AND SO I'M LOOKING FORWARD TO JANUARY WHEN WE PASS THE CHAPTER

AMENDMENT THAT WILL EXCLUDE THAT PROSPECTIVE VILLAGE FROM THIS BILL.

THANK YOU. WITH THAT, I'M STILL CASTING MY VOTE IN THE NEGATIVE

BECAUSE AS SUCH, WITHOUT THAT CHAPTER, THIS IS NOT A GOOD BILL. THANK

YOU.

ACTING SPEAKER AUBRY: MS. PAULIN IN THE

NEGATIVE.

MS. GIGLIO.

MS. GIGLIO: TO EXPLAIN MY VOTE, THANK YOU, MR.

SPEAKER. SO THE TOWN OF RIVERHEAD HAS A BUSINESS DISTRICT THAT THEY

PAY TAXES TO THE TOWN FOR THE BUSINESS IMPROVEMENT DISTRICT, THEY DO

HAVE POLICE SERVICES, THEY DO HAVE HIGHWAY SERVICES, IT'S ON A STATE

ROAD SO THEY ALSO GET STATE SERVICES. BUT FOR YEARS THEY'VE BEEN TALKING

ABOUT BECOMING AN INCORPORATED VILLAGE AND THIS BILL WOULD PROHIBIT

THEM FROM DOING THAT. SO I AM GOING TO RESPECTFULLY VOTE IN THE

NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. GIGLIO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 860, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 10, 2023

THE CLERK: ASSEMBLY NO. A07761, RULES REPORT

NO. 860, THIELE, SHIMSKY. AN ACT TO AMEND THE VILLAGE LAW AND THE

GENERAL MUNICIPAL LAW, IN RELATION TO ESTABLISHING THE VILLAGE

INCORPORATION COMMISSION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION --

A PARTY VOTE HAS BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED FOR REASONS I HOPE TO EXPLAIN IN

A MOMENT, BUT THOSE WHO SUPPORT IT CAN CERTAINLY VOTE YES.

ACTING SPEAKER AUBRY: MR. FALL.

MR. FALL: THE MAJORITY CONFERENCE WILL BE IN THE

AFFIRMATIVE ON THIS PIECE OF LEGISLATION. THOSE THAT WOULD LIKE TO VOTE

DIFFERENTLY CAN DO SO AT THEIR DESKS. THANK YOU.

ACTING SPEAKER AUBRY: MR. GOODELL ON THE

BILL.

THE CLERK WILL RECORD THE VOTE, I'M SORRY. IT'S BEEN A

LONG WEEK.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL: INDEED. THANK YOU, SIR. AS YOU

KNOW THE PREVIOUS BILL QUADRUPLED THE SIZE, MINIMUM SIZE FOR A

VILLAGE. THIS BILL TAKES IT ONE STEP FARTHER AND SAYS THAT THEY'LL BE A

STATEWIDE COMMISSION CALLED THE STATE VILLAGE INCORPORATION

187

NYS ASSEMBLY JUNE 10, 2023

COMMISSION CONSISTING OF THREE STATEWIDE REPRESENTATIVES, ONE

APPOINTED BY THE STATE COMPTROLLER, ONE BY THE ATTORNEY GENERAL AND

ONE BY THE SECRETARY OF STATE. AND THEY WOULD HAVE THE POWER TO

QUOTE, "DETERMINE WHETHER THE ESTABLISHMENT OF A VILLAGE IS IN THE

FISCAL SERVICE AND TAXATION INTEREST OF THE RESIDENTS WHO APPROVED THE

PETITION." THINK ABOUT THAT. THREE STATE-APPOINTED BUREAUCRATS WITH

FULL AUTHORITY TO DECIDE WHETHER OR NOT A REFERENDUM APPROVED BY THE

VOTERS IS IN THEIR BEST INTEREST. WITH ALL DUE RESPECT TO OUR SECRETARY OF

STATE, STATE COMPTROLLER AND ATTORNEY GENERAL, I DON'T THINK A SINGLE

ONE OF THEM HAVE BEEN IN ANY OF MY VILLAGES AND I'M NOT SURE THEY

WOULD KNOW WHAT'S IN THE BEST INTEREST OF MY VILLAGES BETTER THAN ALL

THE RESIDENTS IN THAT VILLAGE THAT VOTED ON THE REFERENDUM. FOR THAT

REASON I DON'T SUPPORT IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. PAULIN TO EXPLAIN HER VOTE.

MS. PAULIN: THANK YOU. I -- I AGREE WITH MR.

GOODELL. THIS IS -- THIS -- THIS ONE IS EVEN WORSE. THIS ONE WOULD --

ESSENTIALLY THERE WOULD BE NO MORE VILLAGES IN THE STATE OF NEW YORK.

THAT'S THE GOAL OF THIS BILL. AND AGAIN BEING TARGETED AT THE COMMUNITY

THAT I REPRESENT BECAUSE THEY -- THE SPONSOR IN THE OTHER HOUSE DOESN'T

WANT THIS VILLAGE TO BE CREATED. SO IT WAS TARGETED ON PURPOSE HOPING

THE OTHER BILL WOULD CAUSE LITIGATION AND THEN PREVENT THIS VILLAGE FROM

INCORPORATING BECAUSE THE EFFECTIVE DATE IS JANUARY 2024. SO I WANT TO

THANK THE SPONSOR IN THE OTHER HOUSE FOR AGREEING AGAIN BY LETTER TO ME

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NYS ASSEMBLY JUNE 10, 2023

AND BY NEGOTIATING WITH THE SPEAKER FOR EXCLUDING THE PROSPECTIVE

VILLAGE OF EDGEMONT GOING FORWARD, BECAUSE NOW UNDERSTANDING HOW

DETRIMENTAL IT WOULD BE TO 7,800 PEOPLE WHO MERELY WANT TO VOTE, THEY

MERELY WANT TO VOTE, FOLKS. AND AFTER SEVEN YEARS AND TWO LITIGATIONS

THIS BILL WOULD KILL IT. SO I WANT TO THANK THE SPONSOR IN THE OTHER

HOUSE FOR RECOGNIZING THAT AND FOR COMMITTING, COMMITTING TWICE TO

ME ON THE PHONE AND TO THE SPEAKER AND IN A LETTER THAT SHE IS GOING TO

EXEMPT THEM. THANK YOU.

ACTING SPEAKER AUBRY: MR. THIELE.

MR. THIELE: WELL, MR. SPEAKER, AT THIS STAGE OF THE

GAME YOU'D THINK I'D BE JUST SMART ENOUGH TO JUST SHUT MY MOUTH BUT

I'M GOING TO PUT JUST A COUPLE OF THINGS ON THE RECORD. YOU KNOW,

WE'RE -- FIRST OF ALL, BOTH OF THESE BILLS THAT WE'VE TALKED ABOUT TODAY ARE

--ARE TALKING ABOUT HAVING AN INFORMED DECISION, HAVING THE VOTERS

HAVE AS MUCH INFORMATION AS POSSIBLE. AND WHEN IT COMES TO, YOU

KNOW, THE COMMISSION THAT'S IN THIS BILL, ALL THEY GET TO LOOK AT IS THE

FINANCES, OBJECTIVE THIRD-PARTY INDEPENDENT LOOK AT THE FINANCES AND

THE IMPACTS OF A PROPOSED VILLAGE. THERE'S NOTHING UNIQUE ABOUT THAT.

IF WE WERE GOING TO CREATE A NEW COUNTY AND PEOPLE IN MY

NEIGHBORHOOD HAVE TALKED ABOUT THAT FROM TIME TO TIME, THIS

LEGISLATURE WOULD HAVE TO DECIDE WHETHER OR NOT THAT'S IN THE PUBLIC

INTEREST BEFORE THE PEOPLE, YOU KNOW, ON THE EAST END OF LONG ISLAND

COULD VOTE ON A COUNTY. IF A NEW TOWN IS GOING TO BE CREATED, A

PETITION GOES TO THE COUNTY LEGISLATURE. THEY HAVE TO DECIDE FIRST

WHETHER OR NOT IT'S GOING TO BE IN THE PUBLIC INTEREST. IF YOU WANT TO

189

NYS ASSEMBLY JUNE 10, 2023

CREATE A WATER DISTRICT OR A SEWER DISTRICT IN A TOWN OR A VILLAGE OR THE

COUNTY, THAT WATER DISTRICT CAN'T BE CREATED, THAT SEWER DISTRICT CAN'T BE

CREATED UNTIL YOU SUBMIT IT TO THE STATE COMPTROLLER AND THEY

DETERMINE THAT IT'S IN THE PUBLIC INTEREST AND IT WON'T HAVE AN UNDUE

BURDEN ON TAXPAYERS. SO HAVING THE COMPTROLLER, FOR EXAMPLE, HAVING

OVERSIGHT OVER WHAT HAPPENS WITH LOCAL GOVERNMENTS AND THE CREATION

OF NEW LOCAL GOVERNMENTS IS NOT SOMETHING NEW, WE DO IT ALREADY.

AND WITH REGARD TO VILLAGES THERE'S NO REASON WHY WE SHOULDN'T

PROVIDE THAT SERVICE TO VOTERS WHO ARE MAKING THE DECISION. FOR THOSE

REASONS AND OTHERS, I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. THIELE IN THE

AFFIRMATIVE.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER, TO EXPLAIN MY

VOTE. YOU KNOW, THERE SEEMS TO BE A GLARING OMISSION FROM THE

PREVIOUS BILL AND THIS ONE AND THAT'S A CONSIDERATION OF MAYBE REFORM

AS TO WHEN THESE REFERENDUMS ARE CONDUCTED. AND I RESPECT THE VOTERS

TOO MUCH TO NOT THINK THAT WE SHOULD BE CONSIDERING IN THIS

COMMISSION OR MAYBE JUST PUTTING IT INTO THE PREVIOUS BILL THAT THOSE

REFERENDUMS HAVE TO BE DONE IN EVEN YEARS. THAT WAY WE WILL CREATE

VOTER PARTICIPATION. THANK YOU.

ACTING SPEAKER AUBRY: MS. SHIMSKY.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. THE OTHER

THING THAT THIS BILL DOES IS IT TAKES THE -- THE APPROVAL OF THE PETITIONS

OUT OF THE HANDS OF THE TOWN SUPERVISOR. NOW ONE OF THE THINGS WE'VE

190

NYS ASSEMBLY JUNE 10, 2023

TALKED ABOUT IS THE CHAOS IN THE NUMBER OF YEARS IT HAS TAKEN THE

PROPOSED VILLAGE OF EDGEMONT TO MOVE FORWARD. AND ONE OF THE

PROBLEMS IS YOU GET INTO A SITUATION WHERE ONE OF THE PEOPLE WHO MAY

HAVE A FINANCIAL INTEREST EITHER FOR OR AGAINST THE INCORPORATION OF THE

VILLAGE ACTUALLY PASSING ON THE LEGITIMACY OF PETITIONS. THAT'S NOT A

GREAT IDEA EITHER AND THAT HAS SPAWNED, AT LEAST BY MY COUNT, FOUR YEARS

OF LITIGATION IN THE TOWN OF GREENBURGH. AND FOR THAT REASON AS WELL, I

THINK HAVING ANOTHER BODY PASS ON THE LEGAL SUFFICIENCY OF THOSE

PETITIONS PROBABLY IS A GOOD THING FOR EVERYONE. SO FOR THAT REASON,

TOO, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WE'D LIKE

TO MAKE AN ANNOUNCEMENT. THERE'S A NEED FOR AN IMMEDIATE

MEMBERS-ONLY REPUBLICAN CONFERENCE IN THE PARLOR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

REPUBLICAN CONFERENCE IN THE PARLOR.

MR. JACOBSON.

MR. JACOBSON: WE WILL HAVE AN IMMEDIATE AND

BRIEF CONFERENCE OF THE MAJORITY IN THE SPEAKER'S CONFERENCE ROOM

RIGHT NOW.

ACTING SPEAKER AUBRY: DEMOCRATIC

191

NYS ASSEMBLY JUNE 10, 2023

CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM.

THE HOUSE WILL STAND AT EASE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THE HOUSE WILL STAND AT

EASE.

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

IN EASE. THANK YOU.

* * * * *

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. IF WE

COULD JUST GO RIGHT TO THE PREVIOUSLY MOVED B- AND C-CALENDARS AND

BEGIN ON PAGE 1. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY.

ON THE B-CALENDAR, PAGE 3, RULES REPORT NO. 851,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05562, RULES REPORT

NO. 851, K. BROWN. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM THE "TROOPER FABIO

BUTTITTA MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

192

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05898-B, RULES

REPORT NO. 852, ANGELINO. AN ACT TO AMEND THE REAL PROPERTY TAX

LAW, IN RELATION TO ESTABLISHING A RESIDENTIAL INVESTMENT EXEMPTION IN

CERTAIN CITIES.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06609, RULES REPORT

NO. 853, MCDONOUGH. AN ACT GRANTING RETROACTIVE TIER V

MEMBERSHIP IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT

SYSTEM TO DANIEL MILLER.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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NYS ASSEMBLY JUNE 10, 2023

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06871-B, RULES

REPORT NO. 854, MAHER. AN ACT RELATING TO APPROVING CERTAIN

EMPLOYEE BENEFIT COSTS FOR TRANSPORTATION EMPLOYEES FOR THE GOSHEN

CENTRAL SCHOOL DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BRABENEC [SIC], THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. HOME RULE -- OH, I'M SORRY.

ON A MOTION BY MR. MAHER, THE SENATE BILL IS BEFORE

THE HOUSE. THE SENATE BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

194

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: ASSEMBLY NO. A06959-A, RULES

REPORT NO. 855, BRABENEC. AN ACT AUTHORIZING THE TOWN OF WARWICK,

COUNTY OF ORANGE, TO ALIENATE CERTAIN LANDS HELD IN PUBLIC TRUST IN THE

TOWN OF WARWICK, COUNTY OF ORANGE.

ACTING SPEAKER AUBRY: AND NOW ON A

MOTION BY MR. BRABENEC, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07663-A, RULES

REPORT NO. 856, RIVERA. AN ACT AUTHORIZING THE STATE UNIVERSITY OF

NEW YORK TO LEASE A PORTION OF THE LANDS ON THE CAMPUS OF SUNY

BUFFALO STATE UNIVERSITY FOR THE RELOCATION AND OPERATION OF THE

LEONARDO DA VINCI HIGH SCHOOL; AND TO AMEND THE EDUCATION LAW, IN

RELATION TO THE COMPUTATION OF BUILDING AID FOR THE RENOVATION AND

EQUIPPING OF THE LEONARDO DA VINCI HIGH SCHOOL.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

195

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07689, RULES REPORT

NO. 857, PHEFFER AMATO. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW AND THE CRIMINAL PROCEDURE LAW, IN RELATION TO SERVICE

RENDERED BY INVESTIGATORS AND SWORN OFFICERS OF THE WATERFRONT

COMMISSION OF NEW YORK HARBOR.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07759-A, RULES

REPORT NO. 859, JONES. AN ACT RELATING TO THE SETTLEMENT OF CERTAIN

LAND CLAIMS.

196

NYS ASSEMBLY JUNE 10, 2023

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. GOVERNOR'S MESSAGE IS AT THE DESK. THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE.

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

WE ARE ON THE C-CALENDAR. RULES REPORT NO. 861,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07667, RULES REPORT

NO. 861, BRAUNSTEIN. AN ACT TO AMEND THE TAX LAW, THE

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, CHAPTER 877 OF THE

LAWS OF 1975, CHAPTER 884 OF THE LAWS OF 1975 AND CHAPTER 882 OF

THE LAWS OF 1977, RELATING TO THE IMPOSITION OF CERTAIN TAXES IN THE

CITY OF NEW YORK, IN RELATION TO POSTPONING THE EXPIRATION OF CERTAIN

TAX RATES AND TAXES IN THE CITY OF NEW YORK.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

197

NYS ASSEMBLY JUNE 10, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07758, RULES REPORT

NO. 862, BRAUNSTEIN. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

RELATION TO AUTHORIZING A TAX ABATEMENT FOR ALTERATIONS AND

IMPROVEMENTS TO MULTIPLE DWELLINGS FOR PURPOSES OF PRESERVING

HABITABILITY IN AFFORDABLE HOUSING.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER AND

COLLEAGUES, IF WE COULD NOW BRING OUR ATTENTION TO RULES NO. 503 BY

198

NYS ASSEMBLY JUNE 10, 2023

MR. HEVESI; 655 BY MS. PAULIN; 734, MR. BRONSON; 143, MR. BROWN;

441, MR. DESTEFANO; AND 496, MR. MANKTELOW.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

PAGE 11, RULES REPORT NO. 503, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04986-A, RULES

REPORT NO. 503, HEVESI, LUNSFORD. AN ACT TO AMEND THE SOCIAL

SERVICES LAW, IN RELATION TO CHILD CARE ASSISTANCE UNDER THE CHILD CARE

BLOCK GRANT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

A PARTY VOTE HAS BEEN CALLED FOR.

MR. GOODELL.

(PAUSE)

MR. GOODELL, A PARTY VOTE HAS BEEN REQUESTED AND...

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED FOR THE REASONS I'LL EXPLAIN IN A

MOMENT. THOSE, OF COURSE, WHO SUPPORT IT CAN VOTE YES.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION.

ACTING SPEAKER AUBRY: THANK YOU VERY

199

NYS ASSEMBLY JUNE 10, 2023

MUCH.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ACTING SPEAKER AUBRY: HOLD ON.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NOW, MR. GOODELL. I'M SORRY.

MR. GOODELL: THANK YOU, SIR. UNDER CURRENT LAW,

WE PROVIDE OUR -- OUR SOCIAL SERVICES DISTRICTS PROVIDE CHILD CARE

SUPPORT FOR FAMILIES THAT ARE ON WELFARE. THE AMOUNT OF CHILD CARE

SUPPORT IS DIRECTLY TIED INTO THE AMOUNT OF THEIR WORK OR THEIR

EMPLOYMENT OR THEIR OTHER ACTIVITIES THAT ARE ALL DESIGNED TO HELP THEM

BREAK FREE FROM POVERTY AND MAXIMIZE THEIR POTENTIAL. WHAT THIS BILL

DOES IS SAY THAT THERE DOESN'T NEED TO BE A CONNECTION BETWEEN THE

HOURS THAT THEY'RE INVOLVED IN WORK ACTIVITIES OR TRAINING OR EDUCATION,

AND THAT A PERSON CAN BE ON WELFARE WITHOUT ANY CORRELATION TO TIME

AND STILL RECEIVE FULL-TIME DAY CARE. AND MANY OF US BELIEVE THAT --

THAT DAY CARE IS EXTRAORDINARILY IMPORTANT TO HELP THEM MOVE FORWARD,

BUT IF THEY'RE NOT WORKING OR THEY'RE NOT ENGAGED IN WORK ACTIVITIES OR

THEY'RE NOT DOING ANYTHING TO BREAK FREE FROM POVERTY, IT PROBABLY IS

NOT APPROPRIATE TO ASK THE TAXPAYERS TO FOOT THE BILL FOR FULL-TIME CHILD

CARE. AND ALWAYS, WE'RE WRESTLING WITH THAT -- THAT DILEMMA. WE WANT

TO HELP EVERYONE BECOME AS SUCCESSFUL AS POSSIBLE, BUT RECOGNIZING

THAT OUR LOCAL TAX LEVY, BETWEEN 25 AND 35 PERCENT IS FOR THE COST OF

WELFARE. AND SO WE WANT TO BE SENSITIVE TO THE COSTS TO OUR NEIGHBORS,

200

NYS ASSEMBLY JUNE 10, 2023

BUT WE STILL WANT TO BE COMPASSIONATE. AND SO I THINK THE CONNECTION

IS IMPORTANT AND SHOULD REMAIN IN PLACE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 15, RULES REPORT NO. 655, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07085, RULES REPORT

NO. 655, PAULIN, GIBBS, ZINERMAN. AN ACT TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO REQUIRING NURSING HOMES TO DESIGNATE DEDICATED

STORAGE SPACES FOR THE STORAGE OF THE BODIES OF DECEASED PERSONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. JENSEN TO EXPLAIN HIS VOTE.

MR. JENSEN: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE VERY BRIEFLY. THIS LEGISLATION CERTAINLY SEEMS TO BE INSPIRED

BY WHAT HAPPENED IN THE EARLY DAYS OF THE PANDEMIC IN 2020 WHEN

HEALTH CARE PROVIDERS WERE OVERBURDENED BASED ON LOSS OF LIFE IN THEIR

FACILITIES. AND WHILE THAT CERTAINLY IS TRAGIC IN SEEING WHAT HAPPENED

TO THE -- THE DECEASED AT THAT TIME NEEDS TO BE ADDRESSED, THIS

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NYS ASSEMBLY JUNE 10, 2023

LEGISLATION WOULD PUT TREMENDOUS ONUS ON NURSING HOMES TO BUILD OUT

CAPACITY THAT THEY MAY OR MAY NOT BE ABLE TO AFFORD IN ROOMS, IN

CRITICAL SPACE THAT MAY OR MAY NOT BE ABLE TO BE USED FOR ANY OTHER

PURPOSE.

FOR THAT REASON, I WILL BE VOTING NO BECAUSE THIS

SHOULD BE A GROUP EFFORT BETWEEN NOT JUST THE HEALTH CARE PROVIDERS, BUT

LOCAL COMMUNITIES AND THE LOCAL INFRASTRUCTURE TO ENSURE THAT THE

DECEASED ARE TREATED WITH THE PROPER RESPECT AFTER THEIR LIFE DOES COME

TO A CLOSE. SO I WILL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. JENSEN IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 18, RULES REPORT NO. 734.

THE CLERK: SENATE NO. S06056, RULES REPORT NO.

734, SENATOR RYAN (A07333, BRONSON). AN ACT TO AMEND THE

ECONOMIC DEVELOPMENT LAW AND THE NEW YORK STATE URBAN

DEVELOPMENT CORPORATION ACT, IN RELATION TO CERTAIN ECONOMIC

DEVELOPMENT PROGRAMS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 10, 2023

MR. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK YOU, MR. SPEAKER. THIS -- THIS PIECE

OF LEGISLATION ADDS CRITERIA REGARDING HOUSING, AND IT HAS BASICALLY

PROVISIONS THAT WILL ADD IN THE EXTENT TO WHICH PROJECTS WILL USE END-TO-

END FIBEROPTIC ARCHITECTURE TO DELIVER HIGH-SPEED BROADBAND INTERNET TO

THE PROJECT AREA. NOW, I THINK WE'VE ALL RECOGNIZED, ESPECIALLY IN THE

LAST FEW YEARS, THE IMPORTANCE OF UPGRADING THESE SYSTEMS, BUT A

CONCERN HAS BEEN RAISED WITH REGARD TO THIS BILL THAT PERHAPS IN DOING

SO, AS YOU'RE -- YOU'RE ALLOCATING FUNDS FOR HOUSING DEVELOPMENT, THAT

YOU MAY BE ESSENTIALLY PRIORITIZING THIS TYPE OF INFRASTRUCTURE AND

TAKING MONEY AWAY THAT MAY OTHERWISE JUST BE SPENT ON BUILDING

HOUSING ITSELF. WE DO HAVE LOTS OF FEDERAL FUNDS THAT ARE COMING IN FOR

-- FOR THIS TYPE OF INFRASTRUCTURE FOR FIBEROPTIC, AND THE CONCERN IS THAT

THERE -- THERE'S A LOT OF MONEY THAT WILL BE THERE FOR -- FOR THIS FROM THE

FEDERAL GOVERNMENT AND WE DON'T WANT TO DIVERT ANY THAT COULD --

COULD BE OTHERWISE USED TO MAKE SURE THAT WE ARE ADDING TO HOUSING

STOCK THROUGH THESE PROJECTS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 143, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02753-A, RULES

REPORT NO. 143, E. BROWN. AN ACT AUTHORIZING THE BAIS TEFILA OF

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NYS ASSEMBLY JUNE 10, 2023

INWOOD TO RECEIVE RETROACTIVE REAL PROPERTY TAX-EXEMPT STATUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 9, RULES REPORT NO. 441, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03486-A, RULES

REPORT NO. 441, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING THE

ASSESSOR OF THE TOWN OF BROOKHAVEN TO ACCEPT AN APPLICATION FOR

EXEMPTION FROM REAL PROPERTY TAXES FROM AL-MUNEER FOUNDATION, INC.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2023

THE BILL IS PASSED.

PAGE 11, RULES REPORT NO. 496, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03679-A, RULES

REPORT NO. 496, MANKTELOW. AN ACT TO AMEND THE TAX LAW, IN

RELATION TO AUTHORIZING WAYNE COUNTY TO IMPOSE A HOTEL, MOTEL OR

SEASONAL RENTAL OCCUPANCY TAX; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES

MRS. PEOPLES-STOKES: MR. SPEAKER, I

UNDERSTAND THAT YOU DO NOT HAVE ANY HOUSEKEEPING OR FURTHER

RESOLUTIONS.

ACTING SPEAKER AUBRY: NO HOUSEKEEPINGS

[SIC], NO RESOLUTIONS, BUT...

MRS. PEOPLES-STOKES: BUT, ON BEHALF OF THE

SERGEANT-OF-ARMS [SIC], WAYNE, I WOULD ASK PEOPLE IF YOU WOULD

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NYS ASSEMBLY JUNE 10, 2023

PLEASE OPEN YOUR DESK DRAWER, SEE IF YOU HAVE ANY SNACKS THAT YOU'VE

BEEN HOLDING ON TO WHILE WE WERE GOING THROUGH THESE VERY LONG

DEBATES, AND THROW THEM OUT.

WHILE YOU'RE DOING THAT, MR. SPEAKER, I NOW MOVE

THAT THE ASSEMBLY STAND ADJOURNED UNTIL SUNDAY, JUNE THE 11TH,

TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RETURN AT THE CONVENE --

RECONVENE OF THE SENATOR -- OF THE SPEAKER RATHER.

ACTING SPEAKER AUBRY: WE WILL RECONVENE AT

THE CALL OF THE SPEAKER.

(APPLAUSE)

(WHEREUPON, AT 4:28 P.M., THE HOUSE STOOD ADJOURNED

AT THE CALL OF THE SPEAKER.)

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