THURSDAY, JUNE 8, 2023 12:57 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF WEDNESDAY, JUNE THE 7TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, JUNE
1
NYS ASSEMBLY JUNE 8, 2023
THE 7TH AND THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR.
WELCOME, FOLKS, TO OUR CHAMBERS, MEMBERS AND GUESTS, AS WE PROCEED
INTO OUR FOURTH DAY OF THE LAST WEEK OF OUR SESSION. I WANT TO SHARE
THIS QUOTE, I THINK I MAY HAVE SAID THIS ONE BEFORE, BUT I THINK IT'S REALLY
APPROPRIATE FOR TODAY AND PROBABLY TOMORROW, AS WELL. THIS ONE IS
COMING AGAIN FROM EDWARD EVERETT HALE, AN AMERICAN AUTHOR AND
HISTORIAN, AS WELL AS A UNITARIAN MINISTER. HIS WORDS FOR US TODAY,
COMING TOGETHER IS THE BEGINNING, KEEPING TOGETHER IS PROGRESS, AND
WORKING TOGETHER IS SUCCESS. LOOKING FORWARD TO A VERY SUCCESSFUL
DAY, MR. SPEAKER.
I WILL SAY MEMBERS HAVE ON THEIR DESKS A MAIN
CALENDAR AS WELL AS A DEBATE LIST. AFTER HOUSEKEEPING AND
INTRODUCTIONS, WE'RE GOING TO BE CALLING FOR CODES, WAYS AND MEANS
AND RULES. THESE COMMITTEES ARE GOING TO PRODUCE AN A-CALENDAR
FROM WHICH WE WILL TAKE UP TODAY ON CONSENT, HOPEFULLY. WE WILL
BEGIN OUR WORK WITH RULES REPORT NO. 629 BY MS. REYES. WE WILL
THEN WORK OFF OUR DEBATE LIST, BEGINNING WITH RULES REPORT NO. 332 BY
MR. EPSTEIN; RULES REPORT NO. 228 BY MR. MCDONALD; AND RULES
REPORT NO. 205 BY MS. SOLAGES. MEMBERS SHOULD ALSO NOTE THAT WE
WILL ALSO BE TAKING UP OUR CALENDAR RESOLUTIONS AT THE VERY END OF OUR
WORK TODAY. I WILL ANNOUNCE ANY FURTHER ACTIVITIES SHOULD THAT BE
2
NYS ASSEMBLY JUNE 8, 2023
NECESSARY, MR. SPEAKER.
THAT'S A GENERAL OUTLINE OF WHERE WE'RE GOING TODAY.
IF YOU HAVE INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE A GREAT
TIME, SIR. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
FOR THE PURPOSES OF A INTRODUCTION, MR. SANTABARBARA.
MR. SANTABARBARA: THANK YOU, MR. SPEAKER.
I RISE TODAY TO INTRODUCE YULIANO CAMARENA, WHO HAS BEEN AN INTERN IN
MY OFFICE THIS SESSION. HE'S GOING TO BE WITH US THROUGH -- HE'S GOING
TO BE WITH US THROUGH THE SUMMER. HE WAS HERE VISITING THE CHAMBER
TODAY WITH HIS GRANDFATHER, PASTOR ANTHONY NICHOLAS SOLOMON OF THE
DUANESBURG FLORIDA BAPTIST CHURCH. YULIANO IS AN EXCEPTIONAL YOUNG
INDIVIDUAL WHO HAS DISPLAYED IMMENSE DEDICATION AND COMMITMENT TO
THE PURSUIT OF KNOWLEDGE AND PERSONAL GROWTH. AS AN INTERN IN MY
OFFICE, HE BRINGS A WEALTH OF TALENT, ENTHUSIASM AND FRESH PERSPECTIVES.
HIS PASSION FOR PUBLIC SERVICE AND HIS EAGERNESS TO CONTRIBUTE TO THE
BETTERNESS OF OUR COMMUNITY MAKE HIM A VALUABLE ASSET TO MY TEAM.
I'M GLAD TO HAVE HIM HERE TODAY. AS I SAID, HE WAS JOINED EARLIER BY
HIS GRANDFATHER, PASTOR SOLOMON, WHO DEVOTED HIS LIFE TO SERVING HIS
CONGREGATION AND FOSTERING A SENSE OF UNITY IN MY COMMUNITY AND MY
ASSEMBLY DISTRICT BACK HOME. HE WAS ALSO A U.S. NAVY VETERAN WHO
SERVED DURING THE VIETNAM ERA. VERY PLEASED TO HAVE THEM -- TO HAVE
THEM IN THE CHAMBER TODAY, MR. SPEAKER. IF YOU WOULD WELCOME
THEM AND EXTEND TO THEM THE CORDIALITIES OF THE HOUSE.
3
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS, WELCOME, SIR,
TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. HOPE THAT YOU'VE HAD A GOOD INTERNSHIP, LEARNED A LOT AND
INSPIRED YOU TO COME BACK AND JOIN US IN SOME OTHER CAPACITY ONE DAY.
HOPEFULLY WE'LL SEE YOU THEN. THANK YOU SO VERY MUCH FOR BEING HERE.
(APPLAUSE)
FOR THE PURPOSES OF A INTRODUCTION, MR. ALVAREZ.
MR. ALVAREZ: THANK YOU, MR. SPEAKER. I AM
HONORED TO WELCOME THE HISPANIC MEDIA. AS YOU KNOW, THE HISPANIC
COMMUNITY IS THE FASTEST GROWING MINORITY GROUP IN THE UNITED STATES.
THEY'RE ALSO A DIVERSE COMMUNITY. WE HAVE GREAT RANGE OF
EXPERIENCE, CULTURES AND PERSPECTIVES. THE HISPANIC MEDIA IS HERE TO
REPRESENT OUR COMMUNITY AND TO TELL OUR STORY. WE ARE COMMITTED TO
PROVIDE ACCURATE, INFORMATIVE AND ENGAGING CONTENT THAT REFLECT THE
RICHNESS AND DIVERSITY OF OUR COMMUNITY. WE KNOW THAT THE MEDIA HAS
A POWERFUL ROLE TO PLAY IN SHAPING PUBLIC OPINION, AND INFLUENCE SOCIAL
CHANGES. THEY ARE COMMITTED TO USING THE PLATFORM TO PROMOTE
POSITIVE IMAGE OF HISPANIC, AND TO CHALLENGE NEGATIVE STEREOTYPES.
THEY ARE ALSO COMMITTED TO PROVIDING A VOICE FOR THE VOICELESS, AND TO
GIVE A PLATFORM TO THOSE WHO HAVE BEEN MARGINALIZED.
IT IS MY HONOR TO INTRODUCE OMAR RODRIGUEZ FROM
PERU; FROM COLOMBIA, CLARA WEBB AND LEANNA PEDROZA; RAFEL
RODRIGUEZ FROM ECUADOR; NEEDIA GALIANA FROM PARAGUAY; RAFEL
ASORIA, AMEEN CRUZ, ANDY SALAZ, ARICELLA ESPANIA, JOE CRUZ, RITA
4
NYS ASSEMBLY JUNE 8, 2023
LOPEZ AND JENNY GOMEZ FROM DOMINICAN REPUBLIC. PLEASE, MR.
SPEAKER, WELCOME THEM AND OFFER THEM THE CORDIALITY OF THE PEOPLE
[SIC] HOUSE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. ALVAREZ, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DISTINGUISHED GROUP FROM THE MEDIA HERE TO THE NEW YORK STATE
ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU
FOR SHARING THIS DAY WITH US. THANK YOU FOR ALSO COVERING THE
EXCEPTIONAL MEMBERS OF THE HISPANIC COMMUNITY WHO SERVE HERE AND
THE REST OF US, ALSO. THANK YOU SO VERY MUCH. PLEASE KNOW YOU'LL
ALWAYS HAVE FRIENDS HERE IN THE NEW YORK STATE ASSEMBLY. THANK
YOU.
(APPLAUSE)
MR. BEEPHAN.
MR. BEEPHAN: THANK YOU, MR. SPEAKER. JOINED
WITH ME HERE TODAY IS A GOOD FRIEND AND RESIDENT OF MY DISTRICT, MR.
KARL VOLLMER. I MET MR. VOLLMER BACK WHEN WE WERE BOTH VOLUNTEER
FIREFIGHTERS IN THE EAST FISHKILL FIRE DISTRICT, BUT SINCE THEN HIS PASSION
FOR PUBLIC SERVICE LED HIM TO PUT HIMSELF THROUGH THE LAW ENFORCEMENT
ACADEMY. AND SINCE THEN, HE'S HELD MULTIPLE POSITIONS AS A PART-TIME
POLICE OFFICER, DISPATCHER, WORKING HIS WAY UP UNTIL JUST TWO YEARS AGO
WHEN HE WAS HIRED FULL-TIME IN THE TOWN OF EAST FISHKILL. IT'S A
PLEASURE TO HAVE HIM HERE. IT'S A PLEASURE TO CALL HIM A FRIEND. I ASK
YOU IF YOU WOULD EXTEND THE CORDIALITIES OF THE HOUSE TO MR. VOLLMER.
THANK YOU, MR. SPEAKER.
5
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BEEPHAN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE, KARL, TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE PUBLIC SERVICE WORK THAT
YOU HAVE DONE AND ARE CONTINUING TO DO. PLEASE KNOW THAT WE
APPRECIATE THAT, AND YOU ARE ALWAYS WELCOME HERE IN THE PEOPLE'S
HOUSE. THANK YOU, SIR.
(APPLAUSE)
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. IF YOU
WOULD PLEASE JOIN ME IN WELCOMING BRIANNE SLATER AND THE FUTURE
LEADERS OF OUR STATE AND OUR NATION, THE 4TH GRADE STUDENTS FROM THE
GILBOA-CONESVILLE CENTRAL SCHOOL. MR. SPEAKER, IF YOU COULD PLEASE
WELCOME THEM AND OFFER THEM ALL THE CORDIALITIES OF THE HOUSE. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. TAGUE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS 4TH
GRADE CLASS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THANK BOTH YOU, AS STUDENTS, AND THE
SUPERVISORS AND PARENTS THAT HAVE JOINED YOU TODAY. WE APPRECIATE
THAT YOU'VE TAKEN THE TIME OUT OF YOUR DAY TO SHARE THIS WITH US.
HOPEFULLY YOU WILL HAVE SOME PLEASANT EXPERIENCES HERE IN ALBANY
AND TRAVEL SAFELY HOME. THANK YOU SO VERY MUCH FOR BEING HERE.
(APPLAUSE)
MR. BROOK-KRASNY FOR THE PURPOSES OF A INTRODUCTION.
6
NYS ASSEMBLY JUNE 8, 2023
MR. BROOK-KRASNY: MR. SPEAKER, I RISE TO
INTRODUCE MY FRIEND FOR MORE THAN 25 YEARS, MR. RODNEY KNIGHT. WE
MADE THE HISTORY IN THE YEAR 2000 RUNNING TOGETHER FOR THE POLITICAL
OFFICES. THAT WAS 23 YEARS AGO. FOR THE FIRST TIME THAT
RUSSIAN-SPEAKING AMERICAN WAS RUNNING FOR THE STATE ASSEMBLY, AND
AFRICAN-AMERICAN, MR. RODNEY KNIGHT, WAS RUNNING FOR DEMOCRATIC
DISTRICT LEADERSHIP. IT WAS ALSO A FIRST, I DON'T KNOW, MAYBE LAST TIME,
WHEN A SOCCER PLAYER AND FOOTBALL PLAYER WERE RUNNING TOGETHER FOR
POLITICAL OFFICES. WE HAD SOME FUN. SO HERE TODAY WITH US IS RODNEY
KNIGHT, A CONEY ISLAND NATIVE AND THE CO-FOUNDER OF THE CONEY ISLAND
SHARKS SPORTS AND EDUCATION PROGRAM, WHICH WAS FOUNDED MORE THAN
30 YEARS AGO. THE CONEY ISLAND SHARKS HAS BEEN A FREE
COMMUNITY-BASED SPORTS AND MENTORING PROGRAM FOR MORE THAN THREE
DECADES, ALLOWING DISADVANTAGED CHILDREN AND THOSE AFFECTED BY GANG
ACTIVITY, VIOLENCE AND POVERTY TO PLAY A SPORT THEY LOVE FREE OF CHARGE.
CHILDREN ENROLL NOT JUST TO BECOME BETTER FOOTBALL PLAYERS, BUT BETTER
COMMUNITY MEMBERS THROUGH ACADEMIC SUPPORT, COMMUNITY SERVICE,
AND YOUTH COUNCIL PARTICIPATION. RODNEY ATTENDED FORDHAM UNIVERSITY
WHERE HE PLAYED FOOTBALL UNDER SCHOLARSHIP AND GRADUATED WITH A
DEGREE IN URBAN ECONOMICS. HE HAS BEEN A CERTIFIED TEACHER FOR MORE
THAN TWO DECADES, A COMMUNITY ACTIVIST, FORMER DISTRICT LEADER,
CANDIDATE FOR STATE ASSEMBLY, CONEY ISLAND LIAISON TO THE NEW YORK
CITY COUNCIL AND COMMUNITY BOARD 13 MEMBER. RODNEY'S PROUDEST
ACCOMPLISHMENT IS HIS DEDICATION IN MENTORING, EDUCATING, AND PASSING
ON THE LOVE OF THE GAME TO THE YOUTH OF CONEY ISLAND.
7
NYS ASSEMBLY JUNE 8, 2023
MR. SPEAKER, WOULD YOU PLEASE WELCOME MY LONGTIME
FRIEND, COACH RODNEY KNIGHT TO THE CHAMBER?
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BROOK-KRASNY, RODNEY, WELCOME TO THE NEW YORK STATE
ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
CONGRATULATIONS ON SUCH A SUCCESSFUL ROLE THAT YOU HAVE CREATED FOR
YOURSELF. WELCOME ALSO TO THESE MARVELOUS YOUNG PEOPLE WHO HAVE
COME WITH YOU. WE ARE SURE THAT THEY WILL HAVE A GREAT ROLE MODEL TO
FOLLOW IN BOTH OF YOU GENTLEMEN, AND THAT YOUR FRIENDSHIP WILL TEACH
ALL OF THEM SOMETHING ABOUT RECOGNIZING THE HUMANITY THAT EXISTS IN ALL
OF US. THANK YOU SO MUCH FOR COMING. THANK YOU GENTLEMEN IN THE
BACK FOR BEING THE WONDERFUL CHILDREN THAT YOU ARE. THANK YOU.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WILL YOU
PLEASE CALL THE CODES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER AUBRY: CODES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE. THANK YOU.
PAGE 19, RULES REPORT NO. 629, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04887, RULES REPORT NO.
629, SENATOR GIANARIS (REYES, DINOWITZ, COLTON, CARROLL, CRUZ,
DICKENS, EPSTEIN, DURSO, GALLAGHER, GUNTHER, BURDICK, BRONSON,
MCMAHON, LAVINE, JOYNER, WALLACE, SEAWRIGHT, SIMON, DESTEFANO,
OTIS, L. ROSENTHAL, SILLITTI, STECK, STERN, BRABENEC, JACOBSON,
JEAN-PIERRE, THIELE, FORREST, GANDOLFO, BRAUNSTEIN, MAMDANI,
8
NYS ASSEMBLY JUNE 8, 2023
MAGNARELLI, SEPTIMO, JACKSON, RIVERA, ZINERMAN, DARLING, KELLES,
MIKULIN, BENDETT, SLATER, GONZÁLEZ-ROJAS, SHIMSKY, SANTABARBARA,
CONRAD, TAPIA, AUBRY, SOLAGES, RAGA -- A05608). AN ACT TO AMEND
THE LABOR LAW, IN RELATION TO ENACTING THE "ROADWAY EXCAVATION
QUALITY ASSURANCE ACT."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. THIS BILL
REQUIRES THAT ANY EXCAVATION WORK DONE BY A PRIVATE CONTRACTOR UNDER A
CONTRACT WITH A PRIVATE UTILITY COMPANY MUST, NEVERTHELESS, PAY
PREVAILING WAGES. IN THE PAST, PREVAILING WAGES WERE ONLY REQUIRED ON
GOVERNMENTAL WORK. THIS IS A FIRST FOR ONE OF THE LARGEST EXPANSIONS OF
PREVAILING WAGE WHERE STATE GOVERNMENT IS STEPPING IN AND DICTATING
WHAT PRIVATE CONTRACTORS HAVE TO PAY THEIR OWN EMPLOYEES WHO ARE
DOING PRIVATE WORK UNDER CONTRACT WITH A PRIVATE UTILITY.
THE PROBLEM IS THAT STUDIES HAVE INDICATED THAT
PREVAILING WAGE TYPICALLY INCREASES THE COST ANYWHERE FROM 28 TO
75 PERCENT OVER NON-PREVAILING WAGES IN SOME AREAS. THE FIRST ISSUE,
IN ADDITION TO THE COST, IS WE'RE INTERFERING IN PRIVATE CONTRACTUAL
ARRANGEMENTS. WE'RE TELLING CONTRACTORS WHO ARE DOING PRIVATE WORK
9
NYS ASSEMBLY JUNE 8, 2023
FOR PRIVATE COMPANIES WHAT THEY HAVE TO PAY THEIR EMPLOYEES. AND
THAT IS AN EXTRAORDINARY EXPANSION OF GOVERNMENT INTERFERENCE INTO THE
PRIVATE SECTOR. SECOND, AS I MENTIONED, THIS WILL DRAMATICALLY INCREASE
THE COST OF THIS WORK. CON EDISON SAID THIS BILL WILL LEAD TO HIGHER
UTILITY RATES, EXTRA RECORDKEEPING, ADDITIONAL DELAYS. THAT SUBMIT WAS
ALSO REFLECTED BY NATIONAL FUEL, WHO SAID UTILITY COSTS FOR CONSUMERS
WILL GO UP SIGNIFICANTLY. THE ENERGY GROUP -- WHO'S ALSO OPPOSED BY
NYCOM SAYING THAT THIS A HUGE UNFUNDED MANDATE ON THEM, AS WELL.
WE WRESTLE HERE WITH COMPLAINTS FROM ALL OF OUR
CONSTITUENTS ABOUT THE HIGH COST OF UTILITIES AND, INDEED, OUR UTILITY
COSTS ARE AMONGST THE HIGHEST IN THE NATION. THIS BILL WILL MAKE THOSE
UTILITY COSTS GO UP WHILE INTERFERING WITH THE PRIVATE SECTOR. AND EVERY
UTILITY COMPANY HAS POINTED THAT OUT TO US. IT WILL RESULT IN A
SIGNIFICANT INCREASE IN COST AND DELAY IN MAKING THESE TYPES OF REPAIRS.
FOR THAT REASON, I WILL NOT BE SUPPORTING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. REYES TO EXPLAIN
HER VOTE.
MS. REYES: THANK YOU, MR. SPEAKER. I JUST WANTED
TO CLARIFY FOR THE RECORD THAT THIS BILL WILL NO LONGER ALLOW PRIVATE
COMPANIES TO CIRCUMVENT PAYING WORKERS WHO DO THE EXACT SAME JOB
BELOW PREVAILING WAGE, BELOW LIVING WAGE. WE HAVE PRIVATE UTILITY
COMPANIES THAT TAKE ADVANTAGE OF THIS LOOPHOLE AND ALLOW FOR WORKERS
WHO SOMETIMES ARE LOWER SKILLED THAN ARE OUR UNION WORKERS WHO HAVE
THE EXPERIENCE AND THE CAPABILITY TO DO THIS WORK AND GET AWAY WITH
NOT PAYING THEM BENEFITS AND NOT PAYING THEM PREVAILING WAGE. THIS
10
NYS ASSEMBLY JUNE 8, 2023
IS ABOUT PARITY. THIS IS ABOUT FAIRNESS AND ENSURING THAT ALL WORKERS
WHO DO THIS BACKBREAKING WORK GET PAID WHAT THEY DESERVE. THIS IS A
LONG TIME COMING AND I'M HAPPY TO SEE IT ON THE FLOOR AND OF COURSE, I
WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. REYES IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, RULES REPORT NO. 322, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01122, RULES REPORT
NO. 322, EPSTEIN, THIELE, KELLES, GIBBS, JACOBSON, CUNNINGHAM,
LEVENBERG, REYES, RAGA, COLTON, DICKENS, LUCAS, GLICK, SIMONE, L.
ROSENTHAL. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO
REQUIRING COMMERCIAL CHARGING STATIONS TO ENSURE PUBLIC ACCESS TO SUCH
CHARGING STATIONS COMMERCIALLY REASONABLE RENTAL OR FEE RATES.
ACTING SPEAKER AUBRY: MR. EPSTEIN, A
EXPLANATION HAS BEEN REQUESTED, SIR.
MR. EPSTEIN: SO THIS BILL APPLIES TO COMMERCIAL
GARAGES THAT RECEIVE FUNDING OR INCENTIVES FROM THE STATE TO INSTALL
CHARGING STATIONS AND TO SIMPLY REQUIRE THESE GARAGE OWNERS TO FOLLOW
THE GUISE OF PSC AND NYSERDA TO ENSURE THAT THOSE CHARGERS ARE
PUBLICALLY AVAILABLE AND ENSURE THAT THEY ARE AT A FAIR PRICE TO THE
PUBLIC.
ACTING SPEAKER AUBRY: MR. DURSO.
11
NYS ASSEMBLY JUNE 8, 2023
MR. DURSO: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MR. EPSTEIN, WILL YOU
YIELD, SIR?
MR. EPSTEIN: HAPPY TO YIELD.
ACTING SPEAKER AUBRY: MR. EPSTEIN YIELDS.
MR. DURSO: THANK YOU, MR. EPSTEIN. SO JUST TO
GET SOME CLARIFICATION ON A COUPLE OF -- SOME OF THE LANGUAGE IN THIS
BILL. SO YOU WERE SAYING THAT IT'S ANYBODY WHO'S GETTING ASSISTANCE
FROM THE STATE THAT ARE INSTALLING THE EV CHARGING STATIONS IN THEIR
FACILITY, CORRECT? IT'S ONLY FOR THOSE THAT ARE RECEIVING THOSE FUNDS?
MR. EPSTEIN: YES.
MR. DURSO: OKAY. NOW, WE'RE SPECIFICALLY TALKING
ABOUT ONE -- ONE OF THE PLACES THAT COULD BE GETTING WOULD BE PARKING
GARAGES, CORRECT?
MR. EPSTEIN: YEAH, A GOOD EXAMPLE WOULD BE
PARKING GARAGES.
MR. DURSO: OKAY. SO IF WE TOOK PARKING GARAGES,
FOR EXAMPLE, IN THIS BILL, WOULD THERE HAVE TO BE A CERTAIN FINITE
NUMBER OF SPOTS THAT ARE SPECIFICALLY SET ASIDE FOR SOMEONE TO BE ABLE
TO COME AND CHARGE THEIR CAR WITHOUT, LET'S SAY, PAYING FOR THE SPOT FOR
A CERTAIN AMOUNT OF HOURS, OR THE DAY, OR HOWEVER LONG THEY'RE GOING TO
BE DOING IT?
MR. EPSTEIN: NO.
MR. DURSO: NO. SO IT JUST HAS TO BE THAT IT'S
12
NYS ASSEMBLY JUNE 8, 2023
AVAILABLE FOR THEM TO COME IN, BUT THEY DO NOT -- THERE'S NO MANDATE
ESSENTIALLY FOR THEM TO HAVE SPOTS AVAILABLE. SO IF I OWN A PARKING
GARAGE AND ALL MY SPOTS ARE TAKEN UP, RIGHT, BY ANYBODY THAT'S PARKING
FOR WHETHER IT'S TWO HOURS OR TWO DAYS, YOU COME IN WITH A ELECTRIC CAR,
I SAY THERE'S NOTHING AVAILABLE FOR YOU, WHERE YOU COULD PARK; THAT IS
OKAY BY THIS?
MR. EPSTEIN: SO THIS IS FOR PEOPLE WHO HAVE
CHARGERS IN THEIR GARAGE THAT WERE SUBSIDIZED BY THE GOVERNMENT UNDER
A PROGRAM THAT REQUIRES THOSE CHARGERS TO BE PUBLICALLY AVAILABLE. AND
IF YOU HAVE CHARGERS THAT AREN'T BEING USED BECAUSE THE CHARGERS ARE IN
A SPOT, THEN THE PERSON CAN COME IN AND PAY A COMMERCIALLY-
REASONABLE RATE TO CHARGE COMPARED TO HAVING TO PAY THE FULL RATE OF
PARKING AND CHARGING, WHICH -- WHICH THEY CURRENTLY ARE REQUIRED TO
DO.
MR. DURSO: SO YOU'RE NOT SAYING -- IT ESSENTIALLY
HAS TO BE ALMOST A, FOR LACK OF A BETTER TERM, LIKE A GAS STATION. SO IT
HAS TO -- THERE HAS TO BE A CHARGING AREA AVAILABLE, NOT PER SE A PARKING
SPOT, BUT AN AREA WHERE IF SOMEONE COULD -- IF I HAD AN ELECTRIC CAR,
COULD PULL INTO A PARKING GARAGE OR IN ONE OF THESE OTHER FACILITIES TO
CHARGE MY CAR, THAT WOULD NOT BE USED AS A SPOT THAT, YOU KNOW, YOU
COULD SELL, CORRECT?
MR. EPSTEIN: THAT IS RIGHT, EXACTLY. IT'S A CHARGING
SPOT WITH A PLUG AND A CHARGER WHERE SOMEONE CAN CHARGE INTO THEIR
VEHICLE THAT WAS SUBSIDIZED BY THE STATE OF NEW YORK.
MR. DURSO: RIGHT. SO AGAIN, THERE JUST NEEDS TO BE
13
NYS ASSEMBLY JUNE 8, 2023
AN AREA FOR THEM TO CHARGE, IT'S NOT A SPOT BECAUSE, AGAIN, YOU HAVE A
LOT OF SPOTS LET'S SAY IN A PARKING GARAGE THAT YOU'LL SPECIFY ARE FOR EV
CHARGING STATIONS, PEOPLE PARKING SPECIFICALLY. IF YOU GET THE MONEY
FROM THE STATE OR IT'S SUBSIDIZED BY THE STATE PROGRAMS SO THAT WE GET
MORE CHARGING STATIONS OUT THERE, YOU COULD PUT THEM IN A SPOT. IF I'M
A GARAGE OWNER, I SAY, OKAY, I'M GOING TO DESIGNATE THESE TEN SPOTS IN
MY GARAGE WITH EV CHARGING STATIONS, THAT'S FINE YOU'RE SAYING, BUT DO I
HAVE TO HAVE ANOTHER AVAILABLE AREA FOR SOMEONE TO COME IN TO BE ABLE
TO CHARGE THEIR CAR? IN OTHER WORDS, IF I HAVE ALL THOSE SPOTS TAKEN UP
AND THERE'S NOTHING AVAILABLE TO YOU TO COME IN AND CHARGE YOUR CAR, IS
THERE A PENALTY INVOLVED FOR THAT?
MR. EPSTEIN: NO. I MEAN, THIS IS FOR, ONES, AGAIN,
WHO ARE SUBSIDIZED BY THE STATE AND THEY WERE PUTTING THOSE CHARGERS
IN AND THOSE SHOULD BE AVAILABLE TO THE PUBLIC BECAUSE THEY'RE PUBLICLY
AVAILABLE. IF THEY'RE NOT AVAILABLE, THEY'RE NOT AVAILABLE. IT'S LIKE A
STREET CHARGER. IF SOMEONE'S USING IT, SOMEONE'S USING IT AND YOU CAN'T
HAVE ACCESS TO IT.
MR. DURSO: OKAY.
MR. EPSTEIN: IT'S TRYING TO TREAT A CHARGER THAT WE
PAID FOR IN THE LOT THE SAME AS WE PAY -- CHARGE FOR A CHARGER THAT WE
PUT ON IN THE STREET.
MR. DURSO: PERFECT. SO THAT -- THAT CLARIFIES THAT
POINT FOR ME. I JUST WANTED TO MAKE SURE FOR THE RECORD THAT IT WASN'T
THAT IT HAD TO BE A CERTAIN AMOUNT OF DESIGNATED SPOTS FOR PEOPLE TO
COME IN OFF THE STREET AND USE IT, YOU KNOW, IF AGAIN, MY LOT WAS FULL,
14
NYS ASSEMBLY JUNE 8, 2023
FOR LACK OF A BETTER WORD.
MR. EPSTEIN: YEAH. WE DON'T WANT TO HOLD
BUSINESSES UP FOR FILLING UP THEIR LOT, THAT'S THEIR -- THAT'S THEIR BUSINESS.
WE WANT TO KNOW IF THEY'RE TAKING OUR DOLLARS UNDER THE AUSPICES OF
PUBLICLY AVAILABLE CHARGING THAT THEY ACTUALLY ARE PUBLICLY AVAILABLE AT
A COMMERCIALLY-REASONABLE RATE.
MR. DURSO: OKAY, THAT'S GREAT. THAT'S ACTUALLY
GOING TO CUT DOWN A BUNCH OF MY QUESTIONS, BUT I DO HAVE MORE.
MR. EPSTEIN: I WOULD ONLY EXPECT MORE.
MR. DURSO: OH, WELL THANK YOU. THERE'S A COUPLE
OF SHEETS HERE, IF YOU'D LIKE. I COULD SHOW IT TO YOU FIRST.
SO WHEN WOULD THIS LEGISLATION GO INTO EFFECT IF THIS
BILL IS PASSED TODAY?
MR. EPSTEIN: IT'S PROACTIVE. SO ONCE IT PASSES HERE
AND THE SENATE AND THE GOVERNOR SIGNS IT, IT WILL BE FOR FUTURE CONTRACTS
IN NYSERDA OR THE PSC ENTER IN WITH CONTRACTORS.
MR. DURSO: OKAY. SO IT'S ONLY FOR A FUTURE
CONTRACT. SO IN OTHER WORDS, IF SOMEBODY'S ALREADY GOTTEN MONIES FROM
THE STATE, OR THE PROCESS IS BEING DONE NOW, IT WOULDN'T AFFECT THEM, IT'S
ONLY FOR FUTURE CONTRACTS AFTER THIS BILL GOES INTO LAW?
MR. EPSTEIN: EXACTLY.
MR. DURSO: OKAY. JUST TO CLARIFY SOME OF THE
LANGUAGE ON IT. SO ON LINE 6, RIGHT, OBVIOUSLY -- PROBABLY LINE 5 SAYS
PRIVATELY-OWNED BUILDING OR FACILITY WHERE MOTOR VEHICLES, LINE 6
SPECIFICALLY STATES PARKED, STORED, SERVICED, REPAIR. SO NOW WOULD THIS
15
NYS ASSEMBLY JUNE 8, 2023
NOT ONLY APPLY TO LET'S SAY A PARKING GARAGE, RIGHT, BUT LET'S SAY A PRIVATE
PARKING FACILITY OR A STORAGE UNIT. SO LET'S JUST SAY IF I HAD A STORAGE
UNIT THAT WAS BIG ENOUGH TO STORE A CLASSIC CAR THAT I HAVE, RIGHT, BUT
THAT STORAGE UNIT THEN APPLIES FOR AN EV CHARGING STATION, THEY GET IT
FROM THE STATE, RIGHT, AND SOMETIMES THOSE AREAS ARE LOCKED UP, THEY
HAVE GATES IN THE FRONT. WOULD IT APPLY FOR THEM, ALSO? AGAIN, WHERE
YOU'RE STORING YOUR VEHICLE.
MR. EPSTEIN: THIS IS ONLY FOR THINGS THAT ARE
PUBLICLY AVAILABLE.
MR. DURSO: RIGHT. WELL, A -- A -- A -- LET'S SAY A
STORAGE FACILITY IS PUBLICALLY AVAILABLE, RIGHT?
MR. EPSTEIN: SO PEOPLE -- OTHER PEOPLE CAN DRIVE
IN AND PARK THERE?
MR. DURSO: RIGHT. IF YOU -- IF YOU WERE TO RENT THE
SPACE. IN OTHER WORDS, IF YOU WERE TO RENT THE STORAGE UNIT.
MR. EPSTEIN: A STORAGE UNIT. LIKE A --
MR. DURSO: RIGHT. I'M JUST -- I'M JUST USING IT AS
ONE EXAMPLE. I COULD SKIP TO ANOTHER IF YOU'D LIKE, BUT AGAIN, IF YOU
HAVE A STORAGE UNIT, A LARGE STORAGE UNIT AND I HAVE A CLASSIC CAR - I
DON'T, BUT IF I DID AND I WANTED TO BE ABLE TO STORE IT, BUT THAT STORAGE
UNIT OR FACILITY DECIDED TO TAKE STATE MONIES TO PUT IN EV CHARGING
STATIONS, WHETHER IT'S FOR THEIR EMPLOYEES, WHETHER IT'S FOR ANYBODY THAT
HAS THESE TYPES OF VEHICLES, WOULD THEY THEN HAVE TO HAVE THEIR GATES
OPEN ESSENTIALLY AND BE OPEN TO THE PUBLIC 24 HOURS IF THEY HAVE THOSE
EV CHARGING STATIONS IN THEIR FACILITY?
16
NYS ASSEMBLY JUNE 8, 2023
MR. EPSTEIN: SO WE'RE NOT MAKING THEM BE OPEN
WHEN THEY'RE NOT OPEN.
MR. DURSO: OKAY, PERFECT. MY NEXT QUESTION IS
SERVICED OR REPAIRED. SO WOULD THIS APPLY TO SERVICE STATIONS OR REPAIR
SHOPS, LET'S SAY SOME OF THE BIGGER ONES LIKE A -- FOR INSTANCE LIKE A PEP
BOYS, SOMETHING LIKE THAT?
MR. EPSTEIN: THAT'S NOT A PARKING -- THAT'S NOT
WHERE YOU PARK YOUR CAR.
MR. DURSO: NO, I AGREE WITH YOU, BUT IN THE
SPECIFIC LANGUAGE IN IT, IT SAYS SERVICED OR REPAIRED. SO --
MR. EPSTEIN: RIGHT.
MR. DURSO: SO, AGAIN, THAT CONCERNS ME IN THE FACT
THAT ARE THESE FACILITIES, WHETHER IT'S A LARGE REPAIR SHOP OR AUTOMOTIVE
STORE, OR ANYTHING LIKE THAT, ARE THEY GOING TO HAVE TO HAVE THEM
AVAILABLE TO PEOPLE, ALSO?
MR. EPSTEIN: SO IF YOU KEEP READING THE SENTENCE,
IT'S AVAILABLE TO THE PUBLIC FOR A PARKING FEE WITHOUT REGARD TO
RESIDENCE. SO THESE ARE -- IT'S FOR A PLACE WHERE YOU'RE PARKING --
MR. DURSO: RIGHT.
MR. EPSTEIN: -- NORMALLY FOR A FEE, REGARDLESS OF
WHETHER YOU LIVE THERE OR NOT. SO IT'S A REALLY NARROW, LIKE, YOU KNOW,
PLACE WHETHER IT'S ON LONG ISLAND OR NEW YORK CITY. WE'RE ONLY
TALKING ABOUT PEOPLE WHERE YOU HAVE TO GO IN, YOU KNOW, TO PAY A FEE
AND THEY HAVE A PUBLICLY AVAILABLE CHARGER WHICH WE'VE PAID FOR TO
HAVE THEM INSTALLED.
17
NYS ASSEMBLY JUNE 8, 2023
MR. DURSO: RIGHT. AGAIN, I -- I WOULD AGREE WITH
YOU READING THE INITIAL BILL LANGUAGE, BUT JUST PICKING OUT THOSE SPECIFIC
WORDS.
MR. EPSTEIN: YEAH, BUT WITHIN THE CONTEXT OF THE
LARGER SENTENCE. I DON'T THINK IN THE LARGER SENTENCE IT'S CONTEXTUAL, IT
TALKS ABOUT WHAT THAT IS.
MR. DURSO: I'M AGREEING WITH YOU, BUT AT THE SAME
TIME I'M CONFUSED IN THE FACT THAT WHY THOSE WORDS WOULD BE IN THERE
THEN IF IT'S SERVICE OR REPAIR. YOU'RE NOT REPAIRING A CAR IN A PARKING
GARAGE.
MR. EPSTEIN: SOME FACILITIES ARE DIFFERENT. I
MEAN, I THINK THE REALITY IS THAT ALL GARAGES OPERATE IN DIFFERENT WAYS,
AND SOME PEOPLE CHARGE FOR A LONG-TERM RENTAL AND ALSO HAVE MULTIPLE
SERVICES IN THEIR FACILITY AND SO YOU MIGHT HAVE ONE SIDE WHERE YOU'RE,
YOU KNOW, YOU'RE USING JUST FOR A LONG-TERM PARKING RENTAL OR
SHORT-TERM PARKING RENTAL, AND THE OTHER SIDE YOU MIGHT HAVE OTHER
SERVICES THAT ARE OPERATING IN THAT SAME FACILITY.
MR. DURSO: OKAY. LET ME JUST SEE IF I HAVE ANY
OTHER QUESTIONS FOR YOU, SIR.
(PAUSE)
I THINK THAT WILL BE IT, MR. EPSTEIN. I APPRECIATE YOUR
TIME. THANK YOU, SIR.
MR. EPSTEIN: THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
18
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
PARTY IS -- OR CONFERENCE IS GENERALLY OPPOSED TO THIS. THOSE WHO
WOULD LIKE TO SUPPORT IT CAN CERTAINLY VOTE YES ON THE FLOOR. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. THE
MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE. THOSE WHO
WISH TO VOTE IN THE NEGATIVE CAN COME TO THE CHAMBER AND CAST THEIR
VOTE.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: MR. SPEAKER, I RISE TO EXPLAIN MY
VOTE. THIS IS JUST A SIMPLE ISSUE WHERE WE SET UP STANDARDS IN OUR --
WITH GOVERNMENT DOLLARS TO ENSURE THAT WE HAVE PUBLICLY AVAILABLE
CHARGERS. AND THEN I LEARNED IN MY DISTRICT THAT PRIVATE GARAGES GOT
FREE CHARGERS -- 20 CHARGERS FOR FREE PUT IN INTO THEIR DEVELOPMENT AND
THEY WERE CHARGING, YOU KNOW, $50 FOR THE FIRST HOUR JUST TO COME IN TO
PARK AND THEN TO CHARGE, AND THAT'S, YOU KNOW, NOT THE INTENT OF
NYSERDA'S PROGRAM OR THE PUBLIC SERVICE COMMISSION. IT'S REALLY TO
19
NYS ASSEMBLY JUNE 8, 2023
MAKE CHARGERS AVAILABLE AT THE COST OF THE CHARGER. AND ALL THIS BILL IS
SAYING, HEY, IF YOU WANT OUR GOVERNMENT DOLLARS, OUR GOAL HERE IS TO
MAKE THESE CHARGERS AVAILABLE ACROSS THE STATE AT COMMERCIALLY-
REASONABLE RATES, AND THAT'S WHAT WE'RE GOING TO ASK THE OWNER OF THESE
GARAGES TO DO IF THEY TAKE GOVERNMENT DOLLARS, AS WELL AS THE PUBLIC
SERVICE COMMISSION AND NYSERDA. I ENCOURAGE ALL MY COLLEAGUES
TO VOTE IN FAVOR.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS BILL HAS AN
INTERESTING PROVISION WHICH (INAUDIBLE) AND STATES THAT SUCH A GARAGE,
QUOTE, "SHALL WAIVE ANY AND ALL PARKING FEES FOR ANY VEHICLE OWNER OR
OPERATOR UTILIZING THE COMMERCIAL GARAGE FOR THE SOLE PURPOSE OF
CHARGING THEIR VEHICLE," WHICH MEANS THAT IF YOU'RE IN NEW YORK CITY
WHERE THE PARKING IS EXTRAORDINARILY EXPENSIVE, YOU WOULD BE ABLE TO
PARK FOR FREE ALL DAY AS LONG AS YOUR CAR IS PLUGGED IN AND YOU PAY THE
NOMINAL ELECTRIC CHARGE AND WALK AWAY WITH THE REST OF THE MONEY IN
YOUR POCKET. IT'S FUNDAMENTALLY UNFAIR TO LET EVERYONE ELSE WHO WANTS
TO USE THE GARAGE, AS WELL AS THE GARAGE OWNER, AND FOR THAT REASON I
CANNOT SUPPORT IT.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
20
NYS ASSEMBLY JUNE 8, 2023
THE BILL IS PASSED.
PAGE 9, RULES REPORT NO. 228, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04720, RULES REPORT
NO. 228, MCDONALD. AN ACT TO AMEND THE INFRASTRUCTURE INVESTMENT
ACT, IN RELATION TO PUBLIC EMPLOYEES' SUPERVISION, EXAMINATION, REVIEW,
AND DETERMINATION OF ACCEPTABILITY OF PUBLIC WORKS PROJECTS PERFORMED
BY CONTRACTORS.
ACTING SPEAKER AUBRY: MR. MCDONALD, A
EXPLANATION IS REQUESTED, SIR.
MR. MCDONALD: THANK YOU, MR. SPEAKER. THE
INTENT OF THIS BILL IS TO CLARIFY THAT CONTRACTS ORDERED PURSUANT TO THE
INFRASTRUCTURE INVESTMENT ACT SHALL REQUIRE A PUBLIC EMPLOYEE OR
PUBLIC EMPLOYEES TO BE ON SITE AND APPROVE OF THE WORK HAD DONE IN
ACCORDANCE WITH THE CONTRACT. THE INTENT IS TO MAKE SURE THAT PUBLIC
EMPLOYEES ARE INVOLVED IN THE PROCESS, NOT ONLY IN REGARDS TO SAFETY
BUT ALSO JUST AS IMPORTANTLY TO MAKE SURE IT'S MEETING THE COST-EFFECTIVE
GOALS TO THE STATE.
MS. WALSH: MR. SPEAKER, WILL THE SPONSOR YIELD
FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MR. MCDONALD, WILL
YOU YIELD? EXCUSE ME.
MR. MCDONALD: FOR MRS. WALSH, I'D LOVE TO
YIELD.
ACTING SPEAKER AUBRY: MS. WALSH, PROCEED.
MS. WALSH: THANK YOU VERY MUCH. YEAH, JUST A
21
NYS ASSEMBLY JUNE 8, 2023
FEW CLARIFYING QUESTIONS. SO UNDER DESIGN-BUILD RIGHT NOW, WHAT --
WHAT KIND OF PROJECTS WOULD BE ENCOMPASSED BY THIS
(INAUDIBLE/CROSS-TALK) --
MR. MCDONALD: YOU KNOW, THE CLASSIC ONE THAT
WE WOULD THINK OF IS LIKE BRIDGE PROJECTS, ROAD PROJECTS, THOSE ARE THE
CLASSICS, UM...
MS. WALSH: OKAY. AND IT REFERS TO AUTHORIZED
STATE ENTITIES. SO WHO ARE -- WHO WOULD THOSE -- THEY CALL THEM ASES,
OF COURSE, BECAUSE EVERYTHING'S GOT INITIALS BUT --
MR. MCDONALD: I HAVE A LONG LAUNDRY LIST. I'LL
GIVE YOU A COUPLE OF EXAMPLES.
MS. WALSH: OKAY.
MR. MCDONALD: THE NEW YORK STATE THRUWAY
AUTHORITY, DOT, OFFICE OF PARKS AND HISTORIC PRESERVATION, ENCON,
NEW YORK STATE BRIDGE AUTHORITY, OGS, AND THE LIST GOES ON
(INAUDIBLE/CROSS-TALK --)
MS. WALSH: OKAY. I THINK WE GET IT. SO MY
QUESTION IS, UNDER CURRENT LAW, HOW IS THE OVERSIGHT PIECE OF THE
PROJECT HANDLED?
MR. MCDONALD: YOU KNOW MOST PROJECTS ARE
HANDLED WHERE, YOU KNOW, WE HAVE A DESIGN-BUILD CONTRACT WHERE THE
CONTRACT AWARDEE HAS DESIGNED THE BUILD AND ALSO THE OVERSIGHT. AS
YOU KNOW, IN MY FORMER LIFE BEFORE I ARRIVED HERE AT THE ASSEMBLY, I
WAS THE MAYOR OF THE CITY OF COHOES FOR 13 YEARS, AND WE DID A BRIDGE
PROJECT, THE BRIDGE AVENUE BRIDGE REBUILT REPLACEMENT WITH ERA
22
NYS ASSEMBLY JUNE 8, 2023
FUNDS, SO 208, 209. AND WHAT WAS ALWAYS HELPFUL TO ME WAS WE HIRED
A GREAT FIRM TO DESIGN THE BRIDGE, TO BUILD THE BRIDGE, TO REVIEW
EVERYTHING, BUT DOT ACTUALLY HAD THEIR OWN STATE ENGINEER, I THINK IT
WAS A MEMBER -- IT WAS -- IT WAS A STATE ENGINEER WHO WAS ON SITE AND
KIND OF GAVE US THAT EXTRA SET OF EYES BECAUSE FOR A SMALL COMMUNITY
AND ACTUALLY FOR THE AGENCY, SOMETIMES YOU JUST DON'T HAVE THAT
EXPERTISE THERE. BUT TO HAVE A STATE WORKFORCE THERE WAS VERY HELPFUL.
MS. WALSH: SO -- AND I -- I KNOW THAT AS A -- AS A
FORMER MAYOR AND PERSON THAT'S BEEN INVOLVED IN GOVERNMENT FOR, YOU
KNOW, A NUMBER OF YEARS, WHAT -- WHAT IS THE OVERALL PURPOSE AND
OBJECTIVE OF DESIGN-BUILD? WHAT -- WHAT DOES IT GIVE YOU THAT A
REGULAR -- (INAUDIBLE/CROSS-TALK) --
MR. MCDONALD: WELL, DESIGN-BUILD, (INAUDIBLE)
ACTUALLY, YOU KNOW, WHICH I'M NOT OPPOSED TO, I THINK IT'S -- I THINK IT
HAS ITS PLACE.
MS. WALSH: MM-HMM.
MR. MCDONALD: AND IT'S REALLY TO HELP MOVE THE
PROJECT FORWARD IN A MORE TIMELIER MANNER, BUT NOT RUSHED, AND THAT
SAME TOKEN, TO REALLY (INAUDIBLE) THOSE FIRMS TO USE DIFFERENT TYPE OF
METHODS TO - AS LONG AS THEY'RE LEGAL AND APPROPRIATE AND PEER
RECOGNIZED - TO HELP HOPEFULLY LOWER COSTS, HOPEFULLY LOWER COSTS, AND
TO ALSO HAVE IT BUILT WHATEVER IS BEING CONSTRUCTED IN A TIMELY MANNER.
MS. WALSH: IS THERE -- IS THERE ANYTHING UNDER OUR
CURRENT LAW THAT WOULD PROHIBIT SITE VISITS BY THE AUTHORIZED STATE
AGENCIES?
23
NYS ASSEMBLY JUNE 8, 2023
MR. MCDONALD: I DON'T KNOW IF THERE'S ANYTHING
THAT PROHIBITS IT. I THINK WHAT WE'D LIKE TO DO IS MAKE IT A REQUIREMENT.
AND, ONCE AGAIN, JUST FOR EVERYONE'S KNOWLEDGE, I KNOW YOU KNOW
THIS, BUT, YOU KNOW, THIS ISN'T A COST AT THE CONTRACTOR, WHOEVER IS THE
SUCCESSFUL CONTRACTOR, THERE'S NO COST INCURRED TO THEM. THIS IS, YOU
KNOW, TYPICALLY, YOU KNOW, WHEN YOU LOOK AT THE PUBLIC EMPLOYEES
THAT'LL BE INVOLVED, IT WOULD EITHER BE, YOU KNOW, A DOT ENGINEER, A
LAND SURVEYOR, GEOLOGIST, MAYBE AN ARCHITECT OR A LANDSCAPE ARCHITECT.
SO SOMEBODY WHO IS ON THE STATE WORKFORCE.
MS. WALSH: SO WHAT THE BILL REQUIRES IS IT SAYS THAT
FOR ALL OF THESE DESIGN-BUILD CONTRACTS IT SHALL "SHALL" REQUIRE A PUBLIC
EMPLOYER OR EMPLOYEES TO BE ON THE SITE OF THE PROJECT FOR THE DURATION
OF SUCH PROJECT TO THE EXTENT DEEMED APPROPRIATE BY SUCH PUBLIC
EMPLOYER OR EMPLOYEES. SO I JUST WANTED TO CLARIFY THAT,
MR. MCDONALD: YEAH.
MS. WALSH: THAT DOESN'T MEAN THAT THAT PUBLIC
EMPLOYEE NEEDS TO BE THERE EVERY SINGLE DAY OR ANYTHING LIKE THAT, DOES
IT?
MR. MCDONALD: NO. WHAT IT MEANS IS THAT
EMPLOYEE, BY A SUPERVISOR, IS ASSIGNED TO THAT SITE TO REALLY PLAY THAT
ROLE OF CONSTRUCTION INSPECTION. AND THEREFORE, THEY WILL WORK WITH
THE CONTRACTOR, NOT IMPEDE THE CONTRACTOR, BUT BASICALLY AS YOU KNOW
WITH THESE PROJECTS THEY HAVE A SCHEDULE AND HERE'S WHAT WE'RE GOING
TO BE DOING; WE'RE GOING TO BE LAYING PIPE THIS WEEK, WE'RE GOING TO BE
DIGGING HOLES THIS WEEK, WE'RE GOING TO BE FILLING GRADE. AND THE
24
NYS ASSEMBLY JUNE 8, 2023
ENGINEER - ONCE AGAIN, IT'S A PROFESSIONAL ENGINEER - WILL USE THEIR
EXPERTISE TO MAKE SURE THEY'RE THERE WHEN THEY'RE GOING TO BE MOVING
FORWARD WITH WE'RE GOING TO BE FILLING A TRENCH TODAY. I WANT TO SEE
WHAT THE MATERIALS ARE; ARE YOU REALLY PUTTING IN SO MANY CUBIC YARDS,
THE WHOLE NINE YARDS. IN THAT SAME TOKEN, TO YOUR POINT, YOU KNOW,
THEY MAY BE THERE SEVEN IN THE MORNING UNTIL 11, THEN THEY'RE BACK IN
THE OFFICE DOING THEIR DOCUMENTATION AND FOLLOW-UP. IT'S NOT LIKE THEY
HAVE TO STAND THERE EIGHT HOURS TWIDDLING THEIR THUMBS WAITING FOR
SOMETHING TO HAPPEN.
MS. WALSH: GOOD. OKAY, GOOD. SO IT'S REALLY AT
THE DISCRETION OF THAT PUBLIC EMPLOYER, PUBLIC EMPLOYEE, AS FAR AS LIKE
HOW MUCH, IN THEIR PROFESSIONAL JUDGMENT --
MR. MCDONALD: RIGHT.
MS. WALSH: -- HOW MUCH TIME THEY NEED TO BE
THERE.
MR. MCDONALD: RIGHT.
MS. WALSH: ONE LAST QUESTION. SO WITH
DESIGN-BUILD UNDER THE CURRENT LAW, UNDER THE CURRENT SET-UP, DOES THAT
ASE HAVE FINAL APPROVAL THAT THE PROJECT HAS BEEN COMPLETED IN THE
WAY THAT IT WAS INTENDED TO BE COMPLETED? THERE IS A FINAL SIGN-OFF OR
SOMETHING, ISN'T THERE?
MR. MCDONALD: WELL, THE -- THE CONTRACTOR IS IN
TOTAL RESPONSIBLE FOR COMPLETING THE PROJECT AND SIGNING OFF. IT'S
HELPFUL TO HAVE THE STATE EMPLOYEE THERE AS AN EXTRA SET OF EYES TO RAISE
CONCERNS.
25
NYS ASSEMBLY JUNE 8, 2023
MS. WALSH: RIGHT.
MR. MCDONALD: AT THE END OF THE DAY, THEY CAN'T
STOP THE PROJECT; HOWEVER, AT THE SAME TOKEN, YOU KNOW, IT'S NOT AS IF
WE AWARD A CONTRACT TO ABC CONTRACTOR TO GO OUT AND REPLACE, LET'S SAY
THE GLENVILLE BRIDGE. MAYBE SOME DAY THAT'LL HAPPEN, WOULDN'T THAT BE
NICE, RIGHT?
MS. WALSH: THAT'S A BRIDGE I'D LIKE TO SEE REPLACED.
MR. MCDONALD: WELL, AT THE RATE IT'S GOING --
MS. WALSH: OR RAISED, ANYWAY.
MR. MCDONALD: -- IT MIGHT BE REPLACED PRETTY
SOON IF IT KEEPS GETTING HIT THE WAY IT IS.
MS. WALSH: YEAH.
MR. MCDONALD: BUT ANYWAYS, SAY, YOU KNOW,
THAT'S A -- SAY IT'S A DOT PROJECT FOR ARGUMENT SAKE, DOT AT THE END OF
THE DAY ACCEPTS THAT PROJECT. THEY WILL RELY ON OBVIOUSLY WHAT THE
CONTRACTOR COMES BACK WITH AS FINALLY SAYING WE'RE READY FOR SIGN-OFF,
BUT THEY WILL ALSO, YOU KNOW, WORK WITH THEIR STAFF AND SAY, OKAY, WERE
THERE ANYTHING -- ANY OTHER PROBLEMS THAT YOU SAW, HOW DO YOU FEEL?
IT'S NOT LIKE THEY OFFICIALLY SIGN OFF ON THE CONTRACT. THE AGENCY WHO
AWARDED THE CONTRACT EVENTUALLY RECEIVES THAT PROJECT.
MS. WALSH: OKAY.
MR. MCDONALD: DOES THAT -- DOES THAT CLARIFY IT?
MS. WALSH: WELL, YES, BECAUSE -- SO I THINK WHAT
YOU'RE SAYING, IF I UNDERSTAND YOU CORRECTLY AND IF I DON'T, PLEASE LET ME
KNOW, BUT IS THAT THIS BILL DOESN'T REALLY CHANGE THE -- THE -- HOW THE
26
NYS ASSEMBLY JUNE 8, 2023
PROJECT FINISHES UP AND THAT -- THAT FINAL APPROVAL PROCESS OR ANYTHING
LIKE THAT.
MR. MCDONALD: CORRECT, CORRECT.
MS. WALSH: IT'S MORE DURING THE PROJECT --
MR. MCDONALD: RIGHT.
MS. WALSH: -- HAVING THAT EXTRA SET OF EYES ON THE
SITE --
MR. MCDONALD: RIGHT.
MS. WALSH: -- TO MAKE SURE THAT THINGS ARE BEING
DONE.
MR. MCDONALD: CORRECT.
MS. WALSH: OKAY.
MR. MCDONALD: THAT BEING SAID, CERTAIN
OBSERVATIONS MAY COME UP WHERE THE ENGINEER SAYS TO THE SUPERVISOR,
YOU MAY WANT TO CHECK INTO THIS AND -- AND -- AND, YOU KNOW, HAVE A
CONVERSATION. BUT IT DOESN'T SLOW IT DOWN, DOESN'T STOP IT.
MS. WALSH: MM-HMM. SO THE -- THE ONE THING
THAT KIND OF STRUCK ME IS THAT, AS YOU SAID EARLIER, WITH A DESIGN-BUILD
PROCESS, THE IDEA IS THAT YOU'RE GOING TO HAVE A GREATER EFFICIENCY, NOT
BE RUSHED, BUT YOU MAY COMPLETE A PROJECT MAYBE A LITTLE BIT MORE
QUICKLY, MAYBE A LITTLE BIT -- A LITTLE BIT MORE, YOU KNOW,
COST-EFFECTIVELY, SO MIGHT IT BE AN UNINTENDED CONSEQUENCE OF THIS
LEGISLATION THAT BY ADDING THAT EXTRA PERSON ON THE SITE THAT IT MIGHT
MAKE THESE PROJECTS GO A LITTLE BIT MORE SLOWLY?
MR. MCDONALD: I --I -- I DON'T THINK SO. IN -- IN
27
NYS ASSEMBLY JUNE 8, 2023
MY EXPERIENCE, ONCE AGAIN, WE'RE DEALING WITH PROFESSIONAL ENGINEERS,
THEY ALL TALK THE SAME WAY, WHICH I'VE HAD THE LUXURY, UNFORTUNATELY, OF
LOOKING AT HOW THESE PROJECTS ARE PLANNED AND IT'S IMPRESSIVE WHEN
YOU LOOK AT THAT 12-MONTH, 18-MONTH, 24-MONTH SCHEDULE. SO IT'S
GOING TO BE INCUMBENT UPON THE PUBLIC EMPLOYEE TO MAKE SURE THAT
THEY -- THEY POP IN AND POP OUT AT THE RIGHT TIMES TO NOT INTERRUPT THE
PROCESS. THAT IS NOT THE INTENTION. AS YOU KNOW WITH ANY KIND OF
PROJECT, JUST LIKE GETTING TO WORK SOME DAYS THERE'S ALWAYS GOING TO BE
UNINTENDED INTERRUPTIONS, BUT THAT'S NOT THE INTENTION.
MS. WALSH: VERY GOOD. THANK YOU SO MUCH.
MR. MCDONALD: THANK YOU.
MS. WALSH: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO I VERY MUCH APPRECIATE THE
ANSWERS THAT THE SPONSOR JUST GAVE TO THE REALLY CLARIFYING QUESTIONS
THAT I WANTED TO ASK. I THINK BASED ON HIS ANSWERS I THINK THAT,
ALTHOUGH IT IS ADDING ANOTHER INDIVIDUAL THAT IS GOING TO BE PERIODICALLY
CHECKING, I THINK THAT THAT IS PROBABLY GOOD STEWARDSHIP OF THE FUNDS
THAT ARE BEING USED, STATE FUNDS AND TAXPAYER FUNDS THAT ARE BEING USED
ON THESE PROJECTS TO MAKE SURE THAT THEY'RE BEING DONE IN THE WAY THAT
THEY SHOULD BE DONE, AND IT DOESN'T SOUND AS THOUGH HAVING THIS
INDIVIDUAL PERIODICALLY VISIT DURING A PROJECT AND ENSURE THAT THINGS ARE
BEING DONE AS THEY SHOULD BE, THAT IT'S GOING TO UNDULY DELAY A PROJECT'S
COMPLETION. SO FOR THOSE REASONS, I'LL BE SUPPORTING THIS BILL AND I'D
28
NYS ASSEMBLY JUNE 8, 2023
ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
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, WILL YOU
PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM?
ACTING SPEAKER AUBRY: CERTAINLY. WAYS AND
MEANS COMMITTEE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.
PAGE 7, RULES REPORT NO. 205, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00124-A, RULES
REPORT NO. 205, SOLAGES, SILLITTI, TAYLOR, EPSTEIN, DICKENS,
GONZÁLEZ-ROJAS, KELLES, ZINERMAN, JACKSON, LAVINE, LUNSFORD,
BUTTENSCHON. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND THE
PUBLIC BUILDINGS LAW, IN RELATION TO PROHIBITING MUNICIPAL OFFICERS OR
EMPLOYEES FROM DISPLAYING POLITICAL ADVERTISEMENTS ON OR WITHIN
PUBLIC BUILDINGS AND VARIOUS OTHER LOCATIONS.
29
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED.
MS. SOLAGES: YES. THIS BILL WOULD PROHIBIT
MUNICIPAL OFFICERS AND EMPLOYEES FROM DISPLAYING POLITICAL
ADVERTISEMENTS ON OR WITHIN ANY PUBLIC BUILDING OCCUPIED IN THE
DISCHARGE IN THE OFFICIAL DUTIES BY THE MUNICIPAL OFFICERS OR EMPLOYEES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
MS. SOLAGES: I'LL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR WILL
YIELD.
MR. GOODELL: THANK YOU, MS. SOLAGES. AS YOU
MENTIONED, THIS BILL WOULD PROHIBIT ANY POLITICAL ADVERTISING IN SUPPORT
OR AGAINST, PRESUMABLY, AN INDIVIDUAL WHO IS TRYING TO (INAUDIBLE)
POLITICAL OFFICE IN ANY MUNICIPAL PROPERTY, AND I FULLY SUPPORT THAT. I
DON'T THINK WHEN YOU GO TO PAY YOUR TAXES OR CONDUCT BUSINESS IN ANY
MUNICIPAL BUILDING THERE OUGHT TO BE LEGAL CAMPAIGN MATERIALS ON THE
WALLS OR -- OR ELSEWHERE. I'M WITH YOU.
MS. SOLAGES: MM-HMM.
MR. GOODELL: NOW, THIS BILL, THOUGH, ALSO APPLIES
TO MUNICIPAL OFFICER OR EMPLOYEE WHO IS PAID OR UNPAID. SO THIS
WOULD APPLY TO VOLUNTEERS, AS WELL, CORRECT?
30
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: SO YES. IT WOULD APPLY TO
INDIVIDUALS WHO ARE VOLUNTEERING, OR, ESSENTIALLY, YOU KNOW, WORKING
WITHIN A GOVERNMENT SPACE.
MR. GOODELL: AND IT APPLIES TO VOLUNTEERS IF
THEY'RE WITHIN A PUBLIC BUILDING OR -- WELL, EVEN IF THEY'RE JUST WITHIN
THE PUBLIC BUILDING, CORRECT?
MS. SOLAGES: THE -- SO IF THEY'RE WITHIN A PUBLIC
BUILDING OCCUPIED IN A PUBLIC SPACE, THAT WOULD CONSTITUTE.
MR. GOODELL: SO YOU CAN HAVE A SITUATION OF A
VOLUNTEER, FOR EXAMPLE --
MS. SOLAGES: MM-HMM.
MR. GOODELL: -- WHO HAS SAY A POLITICAL BUTTON ON
THEIR LAPEL AND THEY WOULD BE IN VIOLATION OF THIS IF THEY WALKED INSIDE
THE MUNICIPAL BUILDING EVEN THOUGH THEY'RE JUST A VOLUNTEER?
MS. SOLAGES: THEY ARE VOLUNTEERS WHO HAVE TO
FILE A CONFLICT OF INTEREST DOCUMENTATION. SO IF THEY'RE WITHIN THAT
FORMAL CONFINE, THEN THEY WOULD HAVE TO -- THEY WOULD BE PROHIBITED
FROM PUTTING PUBLIC -- POLITICAL ADVERTISEMENTS ON THEIR PERSONS.
MR. GOODELL: AND WHERE IN THIS BILL IS THERE A
REFERENCE TO HAVING TO FILE A CONFLICT OF INTEREST PROVISION?
MS. SOLAGES: YEAH. IT'S WITHIN -- IT'S NOT WITHIN
THE CONFINES OF THIS BILL LANGUAGE AS YOU'RE LOOKING, BUT IT'S WITHIN THE
PUBLIC OFFICERS LAW.
MR. GOODELL: WELL, VOLUNTEERS DON'T FILE CONFLICT
OF INTERESTS, RIGHT? NOT UNLESS YOU'RE A POLICYMAKING -- A
31
NYS ASSEMBLY JUNE 8, 2023
POLICYMAKING VOLUNTEER WHICH WOULD BE (INAUDIBLE/CROSS-TALK) --
MS. SOLAGES: IT'S THE REFERENCE TO SECTION 800.
MR. GOODELL: WHAT'S THAT?
MS. SOLAGES: IT'S THE REFERENCE TO SECTION 800 IN
THE PUBLIC OFFICERS LAW.
MR. GOODELL: RIGHT, AND THAT DOESN'T APPLY TO
VOLUNTEERS, CORRECT?
MS. SOLAGES: SO IT -- SO WITHIN THIS PROVISION
RIGHT HERE, WE'RE SAYING A PUBLIC OFFICER EMPLOYEE WHETHER PAID OR
UNPAID SHALL BE PROHIBITED.
MR. GOODELL: RIGHT.
MS. SOLAGES: SO...
MR. GOODELL: AND IT -- IT SPECIFICALLY INCLUDES
MEMBERS OF A VOLUNTEER FIRE DEPARTMENT, RIGHT?
MS. SOLAGES: SO IT -- THAT'S --
MR. GOODELL: I'M LOOKING AT --
MS. SOLAGES: -- TO ME THAT CONSTITUTES AS A PUBLIC
BUILDING PAID BY THE TAXPAYERS.
MR. GOODELL: OKAY. SO LET ME JUST WALK THROUGH
THAT.
MS. SOLAGES: AND NOR WOULD I WANT, YOU KNOW, A
VOLUNTEER FIREFIGHTER, YOU KNOW, USING OR ADVERTISING OR CAMPAIGNING
WITHIN A PUBLIC BUILDING.
MR. GOODELL: OKAY. SO LET'S JUST WALK THROUGH
THIS A LITTLE BIT. FIRST OF ALL, PAGE 1, LINE 8, IT EXPRESSLY INCLUDES
32
NYS ASSEMBLY JUNE 8, 2023
MEMBERS OF A VOLUNTEER FIRE DEPARTMENT, RIGHT?
MS. SOLAGES: COULD YOU JUST REPEAT THE SECTION?
MR. GOODELL: SURE. PAGE 1 --
MS. SOLAGES: MM-HMM.
MR. GOODELL: -- LINE 8.
MS. SOLAGES: I'M WITH YOU.
MR. GOODELL: EXPRESSLY INCLUDES VOLUNTEER
FIREMEN WITHIN THE SCOPE OF THIS BILL, CORRECT?
MS. SOLAGES: YES.
MR. GOODELL: AND PAGE 1, LINE 14, MAKES IT CLEAR
THAT IT DOESN'T MATTER WHETHER YOU'RE PAID OR UNPAID. SO YOU CAN HAVE
AN UNPAID VOLUNTEER FIREMAN CLEARLY WITHIN THE SCOPE OF THIS, CORRECT?
MS. SOLAGES: YES, YES.
MR. GOODELL: AND THIS APPLIES TO WHATEVER IS
WORN ON THEIR CLOTHES, CORRECT?
MS. SOLAGES: YES.
MR. GOODELL: SO IF A VOLUNTEER FIREMAN IS
WEARING A -- A HAT THAT SAYS, SAY, "BIDEN/HARRIS," VOLUNTEER FIREMAN,
WEARING A BASEBALL HAT THAT SAYS "BIDEN/HARRIS" AND THEY WALK INTO THE
MUNICIPALITY --
MS. SOLAGES: MM-HMM.
MR. GOODELL: -- THEY'RE UNPAID, THEY'RE NOT ON
DUTY, THEY'RE A VOLUNTEER FIREMAN BUT THEY ARE CERTAINLY WEARING A HAT
THAT SAYS "BIDEN/HARRIS" AND --
MS. SOLAGES: SO THAT IS WITHIN THE
33
NYS ASSEMBLY JUNE 8, 2023
(INAUDIBLE/CROSSTALK) --
MR. GOODELL: -- THEY'RE CERTAINLY WITHIN THE
BUILDING. THEY WOULD BE VIOLATING THIS LAW?
MS. SOLAGES: WOULD YOU FURTHER DESCRIBE THE HAT,
BECAUSE IF THE HAT HAS MAYBE --
MR. GOODELL: SURE. LET'S SAY IT'S A BASEBALL HAT
THAT SAYS "BIDEN/HARRIS."
MS. SOLAGES: ALL RIGHT. SO THOSE INDIVIDUALS --
SEE, WE WOULD HAVE TO -- SO WHAT WOULD HAPPEN IS IF -- IF THERE IS A -- A
COMPLAINT, THEN, YOU KNOW, THERE WOULD BE CONVERSATIONS. IT'S A GRAY
AREA IN THAT RESPECT AND, YOU KNOW, I ASK THAT QUESTION BECAUSE
BIDEN/HARRIS ARE ACTUALLY THE CURRENT ADMINISTRATION. SO I ASK YOU TO
DESCRIBE THE HAT BECAUSE IT MIGHT NOT FALL UNDER A QUOTE OF
ADVERTISEMENT. SO IF IT SAID SOMETHING LIKE "VOTE BIDEN/HARRIS," OR IF
IT SAID SOMETHING THAT, YOU KNOW, THAT ISN'T POLITICAL AND CAMPAIGN IN
NATURE, IT WOULD FALL UNDER THIS PROVISION.
MR. GOODELL: OKAY. SO USING ANOTHER EXAMPLE,
THEY COULD WEAR A -- A RED HAT WITH WHITE LETTERS THAT SAYS "TRUMP," --
MS. SOLAGES: MM-HMM.
MR. GOODELL: -- AND THAT WOULD BE OKAY AS LONG
AS TRUMP WAS PRESIDENT AND ILLEGAL THE DAY AFTER HE LEFT.
MS. SOLAGES: SO THERE ARE SOME OF THOSE HATS THAT
ARE DONE AND USED IN A POLITICAL SENSE, AND SO THAT WOULD BE A GRAY
AREA.
MR. GOODELL: I SEE. SO LET'S SAY YOU HAVE A
34
NYS ASSEMBLY JUNE 8, 2023
VOLUNTEER SWINGING BY, STOPPING BY THE MUNICIPALITY, UNPAID
VOLUNTEER, HAS A "VOTE FOR BIDEN" HAT ON --
MS. SOLAGES: MM-HMM. MM-HMM.
MR. GOODELL: -- YOU CAN'T PUT IT ON THE COAT RACK,
RIGHT, BECAUSE THAT'S CLEARLY PROHIBITED, SO HE HAS TO TAKE IT OFF BEFORE
HE COMES IN AND, WHAT, STUFF IT IN HIS POCKET OR SOMETHING?
MS. SOLAGES: SO, YOU KNOW, RIGHT NOW WE'RE
GETTING IN -- IN -- IN LIKE, YOU KNOW, WE HAVE TO REMIND THAT THE
LANGUAGE OF THIS BILL IS VERY SIMILAR TO THE PROVISIONS OF THE FEDERAL
HATCH ACT, WHICH REGULATES THE POLITICAL ACTIVITIES OF FEDERAL
GOVERNMENT OFFICERS AND EMPLOYEES. AND THAT INCLUDES THE DISPLAYING
OF POLITICAL ADVERTISEMENT WHILE ON DUTY OR IN A PUBLIC BUILDING, OR ON
GOVERNMENT UNIFORMS OR ON GOVERNMENT VEHICLES. AND SO, YOU KNOW,
WE WOULD HOPE THAT THE INDIVIDUALS WOULD USE THEIR DISCRETION AND
UNDERSTAND THAT THIS LAW IS, WHEN IT IS ENACTED, WOULD USE THAT
DISCRETION AND BE CAREFUL ABOUT, YOU KNOW, GETTING INTO THOSE -- THOSE
SITUATIONS AND GRAY AREAS.
MR. GOODELL: MS. SOLAGES, THANK YOU VERY MUCH.
I APPRECIATE YOUR COMMENTS.
ON THE BILL, SIR.
ACTING SPEAKER ZACCARO: ON THE BILL.
MR. GOODELL: THANK YOU. I THINK EVERYONE HERE
IN THIS CHAMBER; REPUBLICAN, DEMOCRAT, INDEPENDENT, LIBERAL,
CONSERVATIVE AGREE THAT THERE SHOULDN'T BE ANY POLITICAL ADVERTISING OR
ANYTHING OF THAT NATURE IN A PUBLIC BUILDING, ON A PUBLIC SIGN, ON PUBLIC
35
NYS ASSEMBLY JUNE 8, 2023
VEHICLES, ON OFFICIAL VEHICLES OR ANYTHING LIKE THAT, BECAUSE WE ALWAYS
WANT TO MAKE SURE THAT ALL PUBLIC OFFICIALS ARE OPERATING INDEPENDENT,
THAT IT DOESN'T MATTER WHAT YOUR POLITICAL PERSUASION IS, WHEN YOU'RE
DEALING WITH THE GOVERNMENT, THEY'RE GOING TO DEAL WITH YOU IN A FAIR
AND EQUITABLE MANNER REGARDLESS OF POLITICS. ONE HUNDRED PERCENT IN
AGREEMENT WITH MY COLLEAGUE AND THE BILL SPONSOR.
THE CHALLENGE WITH THIS BILL IS IT GOES BEYOND THAT.
THIS BILL EXPRESSLY INCLUDES VOLUNTEER FIREMEN. AND IN UPSTATE, IN THE
RURAL SECTIONS IN OUR STATE, IT IS A HUGE CHALLENGE TO RECRUIT VOLUNTEER
FIREMEN. AND THESE ARE PEOPLE WHO, WITH NO COMPENSATION AT ALL, WILL
GET UP IN THE MIDDLE OF THE NIGHT, LEAVE THEIR FAMILIES, JUMP ON A FIRE
TRUCK OR MORE OFTEN AN AMBULANCE, RUSH OUT, SAVE SOMEBODY'S LIFE, AND
THEY DO IT DAY IN AND DAY OUT. IT'S A SELFLESS COMMITMENT TO COMMUNITY
SERVICE AND GOD BLESS THEM. THE PROBLEM WITH THIS IS IF THEY JUMP UP
IN THE MIDDLE OF THE NIGHT AND PUT ON A T-SHIRT THAT SAYS "VOTE FOR
BIDEN," AND THEY JOIN WITH A FEW COLLEAGUES OR EMTS AND THEY RUSH TO
A NEIGHBOR'S HOUSE TO SAVE THE NEIGHBOR, THEY'RE VIOLATING THIS LAW.
THAT'S NOT WHAT WE WANT TO HAPPEN, IS IT? AND SO BECAUSE IT EXPRESSLY
INCLUDES VOLUNTEER FIREMEN AND EXPRESSLY INCLUDES THEM JUST WEARING
CLOTHES WITHIN A MUNICIPAL VEHICLE OR -- OR A MUNICIPAL BUILDING, IT'S
JUST TOO BROAD. THESE PEOPLE SAVE LIVES EVERY SINGLE DAY. THE LAST
THING WE WANT TO DO IS CITE THEM BECAUSE OF A T-SHIRT OR A BASEBALL HAT
THAT THEY MIGHT WEAR WHEN THEY WOKE UP AT THREE IN THE MORNING AND
RESPONDED TO THAT FIRE ALARM TO SAVE THEIR NEIGHBOR'S LIFE. AND FOR THAT
REASON, WHILE I THOROUGHLY AND COMPLETELY AND ABSOLUTELY SUPPORT THE
36
NYS ASSEMBLY JUNE 8, 2023
CONCEPT AS IT APPLIES TO PAID EMPLOYEES, AND ANY BUILDINGS OR ANY
VEHICLES, THE SPECIFIC REFERENCE TO VOLUNTEER FIREMAN GOES TOO FAR AND
FOR THAT REASON, I WON'T BE ABLE TO SUPPORT IT. AGAIN, THANK YOU VERY
MUCH TO MY COLLEAGUE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZACCARO: MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD JUST FOR TWO QUICK QUESTIONS?
ACTING SPEAKER ZACCARO: WOULD THE
SPONSOR YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER ZACCARO: THE SPONSOR
YIELDS.
MR. DURSO: THANK YOU, MS. SOLAGES. SO IN
REFERENCE TO WHAT MY COLLEAGUE WAS SAYING, WHEN WE'RE TALKING ABOUT
SPECIFICALLY VOLUNTEER FIREMEN OR FIREWOMEN OR VOLUNTEERS IN GENERAL,
WOULD IT COUNT IF THERE ARE, AS MR. GOODELL SAID, PUT ON A T-SHIRT OR
WHATEVER WHEN THEY JUMP UP IN THE MIDDLE OF THE NIGHT AND THEN END
UP IN THE FIREHOUSE TO RESPOND TO A CALL. WOULD THAT ESSENTIALLY COUNT?
MS. SOLAGES: SO, YOU KNOW, THE BILL -- THE BILL
WOULD PROHIBIT THESE INDIVIDUALS FROM WEARING POLITICAL
ADVERTISEMENTS. AND SO WE HOPE THAT THEY WOULD HAVE SOME
DISCRETION AND BE ABLE TO NOT WEAR POLITICAL ADVERTISEMENTS IN A PUBLIC
BUILDING. THIS IS ALSO JUST ENSURING THAT WE ARE JUST MAKING SURE THAT
THE WORKPLACE IS A FAIR AND BALANCED PLACE AND WE'RE NOT CAUSING ANY
SORT OF, YOU KNOW, WE'RE NOT DISTURBING WORKPLACE HARMONY.
37
NYS ASSEMBLY JUNE 8, 2023
MR. DURSO: OKAY, UNDERSTOOD. SO IN REGARDS TO
THAT, ALSO, VOLUNTEER FIRE PEOPLE GO TO CALLS IN THEIR OWN PERSONAL
VEHICLE.
MS. SOLAGES: MM-HMM.
MR. DURSO: THEY RESPOND TO CALLS IN THEIR OWN
PERSONAL VEHICLE, YOU KNOW, A LOT OF THEM PUT A BLUE LIGHT IN TO
RESPOND TO THOSE CALLS. IF THEY ARE DRIVING IN THEIR PERSONAL VEHICLE ON
THE WAY TO A FIRE CALL AND ACTING AS A VOLUNTEER AT THAT POINT, BUT THEY
HAVE A BUMPER STICKER ON THEIR CAR, OR THEY HAVE A MAGNET ON THEIR CAR,
OR THEY THEMSELVES ARE RUNNING FOR OFFICE, OR -- OR THERE'S ANY TYPE OF
POLI -- POLITI -- POLITICAL, EXCUSE ME, ADVERTISEMENT ON THEIR VEHICLE,
WOULD THAT FALL UNDER THIS?
MS. SOLAGES: PERSONAL CARS DO NOT FALL UNDER THIS
PROVISION.
MR. DURSO: SO EVEN IF THEY'RE PULLING INTO THE FIRE
DEPARTMENT LOT, THEY ARE --
MS. SOLAGES: IF IT IS A -- A CAR WHICH WAS
PROVIDED BY THE MUNICIPALITY, THEN IT WOULD FALL UNDER THE PROVISION.
MR. DURSO: BUT IF IT'S THEIR PERSONAL VEHICLE THAT
THEY'RE RESPONDING TO A CALL AND ACTING AS A -- AS A PERSON --
MS. SOLAGES: I BELIEVE IN PROPERTY RIGHTS, SIR.
MR. DURSO: WHAT'S THAT?
MS. SOLAGES: YES, SIR.
MR. DURSO: OKAY. SO MY LAST QUESTION IS, AND I
BELIEVE UNLESS I READ IT WRONG, IT SAYS PUBLIC BUILDING, CORRECT?
38
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: MM-HMM.
MR. DURSO: SO IN OTHER WORDS, IT'S -- IT'S -- IT'S A
BUILDING FOR THIS PURPOSE THAT IT'S OWNED BY A MUNICIPALITY OR A
GOVERNMENT BUILDING, OR IS IT ANY BUILDING?
MS. SOLAGES: NO, IT'S A GOVERNMENT BUILDING.
MR. DURSO: GOVERNMENT BUILDING. OKAY.
MS. SOLAGES: OCCUPIED BY A MUNICIPAL ENTITY.
MR. DURSO: ANY GOVERNMENT BUILDING OCCUPIED BY
A MUNICIPAL ENTITY, OKAY. THANK YOU, MS. SOLAGES. I APPRECIATE THE
CLARIFICATION.
ACTING SPEAKER ZACCARO: MR. NOVAKHOV.
MR. NOVAKHOV: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR ONE QUICK QUESTION?
ACTING SPEAKER ZACCARO: WILL THE SPONSOR
YIELD? IT WILL BE HER HONOR. PLEASE PROCEED.
MR. NOVAKHOV: THANK YOU. SO WOULD IT COUNT IF
A GOVERNMENT EMPLOYEE BEING INSIDE A GOVERNMENT BUILDING SPEAKS
OUT WITH HIS OR HER COLLEAGUES ABOUT HIS POLITICAL PREFERENCES?
MS. SOLAGES: I'D JUST ASK THE GENTLEMAN TO SPEAK A
LITTLE BIT LOUDER.
MR. NOVAKHOV: YEAH, SURE. I'LL JUST BE CLOSER TO
THE MICROPHONE. WOULD IT COUNT IF ANY GOVERNMENT EMPLOYEE BEING IN
A GOVERNMENT BUILDING SPEAKS OUT WITH HIS OR HER COLLEAGUES ABOUT HIS
POLITICAL PREFERENCES AND HOW THIS WILL CORRELATE WITH THE FREEDOM OF
SPEECH?
39
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: THIS DOES NOT COVER SPEECH.
MR. NOVAKHOV: SO ONLY VISUALS, RIGHT?
MS. SOLAGES: SO GOVERNMENT EMPLOYEES STILL
HAVE THE RIGHT TO SPEAK AS A PRIVATE CITIZEN ON MATTERS OF PUBLIC
CONCERN, WHICH INCLUDES POLITICAL, BUT ONLY TO THE EXTENT THAT THE
EMPLOYEE HAS SPEECH THAT DOESN'T INTERFERE WITH THE INTEREST OF THE
GOVERNMENT AND THE HARMONY OF THE WORKPLACE.
MR. NOVAKHOV: SO AGAIN, WE'RE TALKING ABOUT
ONLY THE VISUAL ADVERTISING, RIGHT?
MS. SOLAGES: PARDON ME? YOUR QUESTION WAS
VISUAL ADVERTISEMENTS?
MR. NOVAKHOV: YEAH. ARE WE TALKING ABOUT
ONLY THE BILL IS ONLY RELATES TO VISUAL ADVERTISEMENTS?
MS. SOLAGES: THE BILL SPEAKS TO -- SO, WHAT I'LL
READ IN THE -- IN THE BILL FOR THE RECORD; POLITICAL ADVERTISEMENTS SHALL
MEAN ANY POSTER, SIGN, FLAG, BANNER, PICTURE, STICKER, PATCH, BUMPER
STICKER, ARTICLE OF CLOTHING, ACCESSORY, OR ANY OTHER ITEM MEANT TO
ADVERTISE OR PROMOTE A CERTAIN INDIVIDUAL FOR PUBLIC OFFICE.
MR. NOVAKHOV: OKAY. SO IN OTHER WORDS --
MS. SOLAGES: POLITICAL OFFICE.
MR. NOVAKHOV: ALL RIGHT, THANK YOU. SO IN OTHER
WORDS, IN A -- IN A CAFETERIA OF A GOVERNMENT BUILDING, IF AN INDIVIDUAL
AND EMPLOYEE OF THIS GOVERNMENT WILL SHOUT OUT LOUD, I'M GOING TO
VOTE FOR DEMOCRATIC PARTY, OR REPUBLICAN PARTY --
MS. SOLAGES: I LIKE THAT, I LIKE YOU SAYING THAT.
40
NYS ASSEMBLY JUNE 8, 2023
MR. NOVAKHOV: ALL RIGHT. WELL, I DON'T KNOW.
(LAUGHTER)
WOULD THAT BE OKAY? WILL THAT BE ANY VIOLATION OF THE
LAW?
MS. SOLAGES: GOVERNMENT EMPLOYEES STILL HAVE
THE RIGHT TO SPEAK AS PRIVATE CITIZENS AND AS LONG AS IT DOESN'T VIOLATE
ANY OF THE GOVERNMENTAL INTEREST OF EFFICIENCY AND WORKPLACE
HARMONY, IT'S FINE.
MR. NOVAKHOV: OKAY. THANK YOU SO MUCH.
THANK YOU.
MS. SOLAGES: OH, NO PROBLEM.
ACTING SPEAKER ZACCARO: MS. BYRNES.
MS. BYRNES: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD?
ACTING SPEAKER ZACCARO: WILL THE SPONSOR
YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER ZACCARO: THE SPONSOR
YIELDS. PLEASE PROCEED.
MS. BYRNES: I GUESS ONE THING THAT HASN'T BEEN
ADDRESSED, AND I'M SURE EVERY FIRE DEPARTMENT, AND EVERY FIRE DISTRICT
CAN BE DIFFERENT, I MEAN THERE ARE SO MANY VARIATIONS ACROSS OUR GREAT
STATE, BUT NOT ALL OF THE FIRE DEPARTMENTS ARE -- HAVE -- ARE RUN OR HAVE
ANYTHING TO DO WITH OUR MUNICIPALITIES. THEY MAY HAVE THEIR OWN
BUILDING THAT IS -- AND THEY'RE NOT -- THEY DON'T GET ANY TAX MONEY. LIKE
41
NYS ASSEMBLY JUNE 8, 2023
IN MY VILLAGE, WE DON'T PAY ANY MONEY FOR -- FOR THE FIRE DEPARTMENT
AND THAT'S WHY THEY'RE OUT WITH THEIR BUCKETS COLLECTING ON THE STREET
CORNERS WHEN CARS DRIVE BY. THEY'RE NOT MUNICIPALLY-FUNDED, THEY'RE
NOT IN A BUILDING WHICH IS OWNED BY THE VILLAGE, IT'S NOT A GOVERNMENT
BUILDING, IT'S ONE THEY PUT UP THEMSELVES. I MEAN, I'M TRYING TO FIGURE
OUT HOW VOLUNTEER FIREMEN CAN BE CONSIDERED BASICALLY GOVERNMENT
EMPLOYEES WHEN THEY HAVE -- WHEN SOME OF THEM, AT LEAST, HAVE
ABSOLUTELY NO AFFILIATION WITH LOCAL GOVERNMENT AT ALL.
MS. SOLAGES: SO LET ME CLARIFY, FOR THE PURPOSE OF
YOUR EXAMPLE. SO THESE -- THESE VOLUNTEER FIREFIGHTERS ARE A PRIVATE
ENTITY AND THEY DO NOT RECEIVE TAXPAYER DOLLARS WHICH TENDS TO MAKE
THEM NOT MUNICIPAL OFFICERS OR EMPLOYEES, RIGHT?
MS. BYRNES: YES.
MS. SOLAGES: SO THEY DON'T QUALIFY IN THIS BILL.
MS. BYRNES: THEY CAN HAVE THEIR OWN
CORPORATIONS.
MS. SOLAGES: THEY'RE CORPORATIONS? SO THEY DON'T
QUALIFY IN THIS BILL. THIS BILL ONLY SPEAKS TO PROHIBITING MUNICIPAL
OFFICERS AND EMPLOYEES FROM DISPLAYING, YOU KNOW, POLITICAL
ADVERTISEMENTS.
MS. BYRNES: ALL RIGHT. SO THEN ANY -- A LOT OF OUR
VOLUNTEER FIREMEN MAY FALL OUTSIDE OF THIS. SO YOU'RE NOT TALKING ABOUT
VOLUNTEER FIREMEN PER SE, YOU'RE TALKING ABOUT VOLUNTEER FIREMEN BUT
WHO ARE DIRECTLY AFFILIATED WITH A MUNICIPALITY BY PAID OR VOLUNTEER FOR
THE MUNICIPALITY.
42
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: YEAH. SO LIKE IF THE MUNICIPALITY IS
FUNDING IT, THEN HENCE IT WOULD BE UNDER THIS -- THIS BILL.
MS. BYRNES: ALL RIGHT. SO IF A VILLAGE IS GIVING NO
MONEY TO THE FIRE DEPARTMENT THEN --
MS. SOLAGES: THEN THAT'S NOT CONSIDERED A
MUNICIPAL ENTITY.
MS. BYRNES: ALL RIGHT, THANK YOU. THAT TAKES CARE
OF A LOT OF THE VOLUNTEER FIRE DEPARTMENTS.
ACTING SPEAKER ZACCARO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZACCARO: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS I MENTIONED. THERE
MAY BE THOSE WHO WISH TO SUPPORT IT, AND IF SO THEY SHOULD VOTE YES ON
THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER ZACCARO: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME THAT WOULD
DESIRE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO DO SO BY VOTING ON
THE FLOOR.
43
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER ZACCARO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, SIR. I WOULD
LIKE TO EXPLAIN MY VOTE BECAUSE I REALIZE THAT ALL OF US IN THIS ROOM
ALREADY SERVE UNDER THESE CERTAIN REQUIREMENTS THAT WE'RE NOW ASKING
OTHER FOLKS ACROSS THE STATE OF NEW YORK TO ADHERE TO, AS WELL. I MEAN
I KNOW OUR SERGEANT-OF-ARMS DOESN'T ALLOW ANYBODY HERE WEARING
CAMPAIGN BUTTONS, WHETHER YOU'RE COMING TO WORK OR NOT. THEY COULD
BE VOLUNTEERS, BUT THEY STILL CAN'T WEAR THAT IN HERE. AND I KNOW EVEN
IN MY OFFICE WE HAVE TO BE VERY CLEAR AND VERY DISTINCT AND WE HAVE TO
SEPARATE NOT JUST THE POLITICS OF ME RUNNING FOR OFFICE BUT THE POLITICS
OF ANYONE THAT'S RUNNING FOR OFFICE CAN'T BE VISIBLE IN MY OFFICE AND
YOU CAN'T COME WEARING THAT INTO A GOVERNMENT OFFICE. AND SO I KIND
OF RESPECT THAT. I'VE LEARNED HOW TO FOLLOW IT. I'VE LEARNED HOW TO
ADHERE TO IT AND IN ALL HONESTY, AND I DON'T LIVE IN A DISTRICT WHERE
VOLUNTEER FIREFIGHTERS ARE NECESSARILY REPRESENTED, BUT I LIVE VERY CLOSE
TO THEM AND I ACTUALLY KNOW SOME OF THEM. AND I ALSO KNOW THAT THEY
ARE MUCH LIKE WE ARE. THEY -- THEY WORK HARD, THEY VOLUNTEER THEIR
TIME, THEY DO THINGS THAT MOST PEOPLE DON'T DO HONESTLY, BUT ON THE
OTHER HAND, THEY ALSO ALWAYS LIKE TO FOLLOW RULES. THEY'RE NOT THE
PEOPLE WHO WANT TO VIOLATE THE RULES. AND SO I THINK ONCE IT'S
EXPLAINED TO THEM, THEY WILL UNDERSTAND THAT YEAH, YOU MIGHT HAVE TO
JUMP UP IN THE MIDDLE OF THE MORNING AND RUN TO SAVE SOMEBODY'S LIFE,
44
NYS ASSEMBLY JUNE 8, 2023
AND ONCE YOU DO THAT, YOU UNDERSTAND THAT IF I DO HAVE ON A SHIRT THAT
SAYS "PRESIDENT BIDEN," THAT I'M GOING TO NEED TO TAKE THAT OFF BEFORE I
HEAD INTO A BUILDING OR SOMEWHERE AFTER I'VE TAKEN CARE OF A JOB THAT I
WENT TO DO. SO -- AND I DON'T THINK THAT THERE'S ANY JUDGE, LAWYER OR
ANYONE WHO WOULD TRY TO PROSECUTE SOMEBODY WHO IS DOING THEIR JOB
AND INADVERTENTLY JUMPED UP AND PUT ON A BIDEN SHIRT TO GO DO IT.
SO I -- I ACTUALLY THINK THAT WE'RE ASSUMING THAT
SOMEHOW THESE VOLUNTEER FIREFIGHTERS WON'T HAVE THE CAPACITY TO MAKE
A DETERMINATION ON THEIR ABILITY TO FOLLOW RULES OR THEIR INABILITY TO
FOLLOW RULES. THE ONES I KNOW ARE CLEARLY GOING TO HAVE THE ABILITY TO
FOLLOW RULES AND I DON'T THINK IT'S GOING TO PRESENT A PROBLEM FOR THEM
THAT HAS BEEN LAID OUT TO US HERE ON THE FLOOR. SO I DO WANT TO, YOU
KNOW, COMMEND THE SPONSOR OF THIS LEGISLATION AND ENCOURAGE PEOPLE
TO UNDERSTAND THAT THIS IS A PLACE WHERE EVERYBODY HAS TO FOLLOW RULES.
THIS IS NOT A RULE THAT'S GOING TO JEOPARDIZE ANYBODY'S LIVELIHOOD. THIS
IS A RULE THAT'S GOING TO PROTECT THE INTEREST OF THE PUBLIC'S INTEREST AT ALL
TIMES, WHICH IS ONLY FAIR. SO I VOTE IN THE AFFIRMATIVE AND HOPE
EVERYBODY ELSE WILL AS WELL.
ACTING SPEAKER ZACCARO: MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES FOR THE PURPOSE OF AN
ANNOUNCEMENT.
MRS. PEOPLES-STOKES: THANK YOU, SIR. COULD
YOU PLEASE INVITE THE MEMBERS OF THE RULES COMMITTEE TO GO TO THE
SPEAKER'S CONFERENCE ROOM IMMEDIATELY?
45
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER ZACCARO: MEMBERS OF THE
RULES COMMITTEE, SPEAKER'S CONFERENCE ROOM, IMMEDIATELY.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL HAS PASSED.
MRS. PEOPLES-STOKES FOR THE PURPOSE OF AN
INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. ON BEHALF OF OUR COLLEAGUE, MR. JONES, IF YOU WOULD PLEASE
WELCOME THE 5TH GRADERS FROM THE LAKE PLACID ELEMENTARY SCHOOL AND
THEIR TEACHERS, JON FREMANTE, ALEXA ANGELOPOULOS, TINA STUBBS, AND
SONJA FRANKLIN IS THE PRINCIPAL. AS YOU KNOW, MR. SPEAKER, THIS IS ONE
OF THE MOST BEAUTIFUL AREAS IN THE STATE OF NEW YORK, WE HAVE MANY,
BUT LAKE PLACID IS ONE OF THEM. THESE YOUNG PEOPLE HAPPEN TO LIVE
THERE, THEIR TEACHERS, EDUCATORS, AND THESE OTHER FOLKS ARE WITH THEM.
THEY LIVE IN A BEAUTIFUL PLACE, THEY'RE BEAUTIFUL STUDENTS, AND THEY ACT
AS JUST LIKE THEY DESERVE, THEY'RE WELL BEHAVED. WOULD YOU PLEASE
WELCOME THEM TO OUR CHAMBERS?
ACTING SPEAKER ZACCARO: CERTAINLY. ON
BEHALF OF THE MAJORITY LEADER PEOPLES-STOKES, ON BEHALF OF MEMBER
BILLY JONES AND THE SPEAKER, WE WELCOME YOU TODAY TO THIS CHAMBER.
WE HOPE THAT YOU ENJOY THE PROCEEDINGS TODAY. WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR AND HOPE THAT YOU HAVE AN AMAZING DAY HERE IN
ALBANY. THANK YOU SO MUCH FOR BLESSING US WITH YOUR PRESENCE.
(APPLAUSE)
46
NYS ASSEMBLY JUNE 8, 2023
MRS. PEOPLES-STOKES FOR THE PURPOSE OF AN
INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, AGAIN, MR.
SPEAKER. ON BEHALF OF OUR COLLEAGUE MR. SANTABARBARA, I WOULD LIKE TO
WELCOME HIS GUESTS TO OUR CHAMBERS. JOLYNN [SIC] LAMPMAN IS THE
SCHOOL OF TRANSGRASS [SIC] IPM EXTENSION SUPPORT SPECIALIST AT THE
NEW YORK STATE IPM PROGRAM OF CORNELL UNIVERSITY. JOINING MS.
LAMPMAN IS JULIA SUAREZ, ASSOCIATE DEAN FOR LAND GRANT AFFAIRS,
COLLEGE OF AGRICULTURE AND LIFE SCIENCES AT CORNELL. MS. LAMPMAN'S
DEDICATION AND EXPERTISE HAS SIGNIFICANTLY IMPACTED THE LIVES OF
COUNTLESS INDIVIDUALS, PARTICULARLY OUR COLLEAGUE, ANGELO SANTABARBARA
AND THOSE THAT LIVE IN HIS DISTRICT, WHERE SHE HAS MADE SEVERAL
PRESENTATIONS ON LYME DISEASE PREVENTION. MR. SPEAKER, IF YOU WOULD
PLEASE JOIN ME AND MR. SANTABARBARA AND OTHERS IN WELCOMING MS.
LAMPMAN AND HER COLLEAGUE TO OUR CHAMBERS, IT WOULD BE MUCH
APPRECIATED. THANK YOU, SIR.
ACTING SPEAKER ZACCARO: CERTAINLY. ON
BEHALF OF MRS. PEOPLES-STOKES, MR. SANTABARBARA AND THE SPEAKER AND
THE MEMBERS HERE AT THE STATE ASSEMBLY, WE WELCOME YOU TO THIS
CHAMBER. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE THANK YOU
FOR THE WORK THAT YOU DO AND WE ASK THAT YOU WILL CONTINUE TO DO THAT
FOR THE PEOPLE OF MR. SANTABARBARA'S DISTRICT AND ALL NEW YORKERS
ACROSS THE STATE. THANK YOU SO MUCH FOR JOINING US TODAY. YOU'RE
MORE THAN WELCOME IN THIS PLACE.
(APPLAUSE)
47
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER: MR. GOODELL FOR THE PURPOSES
OF AN INTRODUCTION.
MR. GOODELL: THANK YOU, MADAM SPEAKER. IT IS
MY GREAT PLEASURE TO INTRODUCE ONE OF OUR FORMER COLLEAGUES WHO IS
BUSY TALKING WITH OTHER COLLEAGUES OF OURS, JANET DUPREY. JANET
DUPREY SERVED THE NORTH COUNTY AREA -- THE NORTH COUNTRY AREA,
ORIGINALLY FROM PLATTSBURGH, FIRST ELECTED I THINK IN 2006 OR 8. DID A
GREAT JOB AS A MEMBER OF THE REPUB -- WELL, I MEANT IN THE ASSEMBLY,
RIGHT? PREVIOUSLY SERVED I THINK AS A COUNTY CLERK, IS THAT CORRECT?
COUNTY TREASURER. I SHOULD KNOW THAT SINCE THE COUNTY TREASURER
CONTROLS ALL THE PURSE STRINGS. DID A GREAT JOB HERE IN -- IN THE
ASSEMBLY. TOOK SOME POSITIONS THAT WERE COURAGEOUS AT THE TIME,
INCLUDING SUPPORTING GAY MARRIAGE, GAY AND LESBIAN RIGHTS, EVEN SIGNED
AN AMICUS BRIEF ON THAT ISSUE. BROUGHT A WEALTH OF EXPERIENCE,
KNOWLEDGE AND, THANKFULLY, HUMOR, SO THAT ONCE SHE'S IMPROPERLY
INTRODUCED SHE SMILES AND CORRECTS ME. PLEASE WELCOME BACK TO THE
FLOOR OF THE ASSEMBLY JANET DUPREY, OUR FRIEND AND COLLEAGUE.
(APPLAUSE)
ACTING SPEAKER SILLITTI: WELCOME BACK, MS.
DUPREY. AND ON BEHALF OF MR. GOODELL AND OBVIOUSLY ALL THE MEMBERS
HERE, THE SPEAKER, WE'RE SO HAPPY TO HAVE YOU BACK IN THE CHAMBERS,
AND I HEAR ONCE A MEMBER, ALWAYS A MEMBER. I'M STILL NEW.
OBVIOUSLY, THE PRIVILEGES OF THE FLOOR ARE ALWAYS YOURS, AND ENJOY THE
PROCEEDINGS. IT'S GOING TO BE VERY LIVELY TODAY, AND THANK YOU SO MUCH
FOR JOINING US.
48
NYS ASSEMBLY JUNE 8, 2023
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER,
MEMBERS NOW HAVE ON THEIR DESKS AN A-CALENDAR. IF YOU WOULD -- I --
I WOULD LIKE TO MOVE THAT A-CALENDAR, PLEASE.
ACTING SPEAKER SILLITTI: ON A MOTION BY
MRS. PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU VERY MUCH.
WE'RE NOW GOING TO TAKE UP THE FOLLOWING BILLS ON THAT A-CALENDAR.
MADAM SPEAKER, WE'RE GOING TO BEGIN WITH RULES REPORT NO. 744 BY
MS. SOLAGES, AND THEN RULES REPORT NO. 690 BY MS. PAULIN, FOLLOWED
BY RULES REPORT NO. 743, MR. HEASTIE, AND RULES REPORT NO. 681 BY
MS. ZINERMAN.
ACTING SPEAKER SILLITTI: PAGE 19, RULES
REPORT NO. 744, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07691, RULES REPORT
NO. 744, SOLAGES, DARLING, PEOPLES-STOKES, TAPIA, JEAN-PIERRE, FALL,
DICKENS, TAYLOR, GIBBS, HUNTER, AUBRY, CUNNINGHAM, ZINERMAN,
ANDERSON, REYES, BURGOS, L. ROSENTHAL, BRONSON, CLARK, EPSTEIN. AN
ACT TO ACKNOWLEDGE THE FUNDAMENTAL INJUSTICE, CRUELTY, BRUTALITY AND
INHUMANITY OF SLAVERY IN THE CITY OF NEW YORK AND THE STATE OF NEW
YORK; TO ESTABLISH THE NEW YORK STATE COMMUNITY COMMISSION ON
REPARATIONS REMEDIES, TO EXAMINE THE INSTITUTION OF SLAVERY,
SUBSEQUENTLY DE JURE AND DE FACTO RACIAL AND ECONOMIC DISCRIMINATION
49
NYS ASSEMBLY JUNE 8, 2023
AGAINST PEOPLE OF AFRICAN DESCENT, AND THE IMPACT OF THESE FORCES ON
LIVING PEOPLE OF AFRICAN DESCENT AND TO MAKE DETERMINATIONS REGARDING
COMPENSATION; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER SILLITTI: AN EXPLANATION HAS
BEEN REQUESTED, MS. SOLAGES.
MS. SOLAGES: THANK YOU. THIS LEGISLATION WILL
ESTABLISH A NEW YORK STATE COMMISSION TO STUDY REPARATIONS AND
REMEDIES. THE COMMISSION WILL HOLD VARIOUS HEARINGS ACROSS NEW
YORK STATE AND WILL HEAR FROM VARIOUS STAKEHOLDERS AND WILL TAKE
RECOMMENDATIONS TO THE LEGISLATURE FOR ANY SUGGESTIONS ON REMEDIES IT
DEEMS PROPER FOR NEW YORK STATE TO IMPLEMENT TO RESPOND TO THE
INJUSTICE AND WEALTH TRANSFER CAUSED BY CHILD SLAVERY AND ITS LEGACIES.
ACTING SPEAKER SILLITTI: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER SILLITTI: WILL THE SPONSOR
YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER SILLITTI: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. SOLAGES. A COUPLE
OF QUESTIONS, IF I MAY, ON THIS BILL. THE APPOINTMENTS ON THE BILL FOR
THIS COMMISSION TO STUDY REPARATIONS FOR MINORITIES DON'T -- IT DOESN'T
APPEAR TO HAVE ANY APPOINTMENTS FROM THE MINORITY CAUCUS. IS THERE A
REASON FOR THAT?
50
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: SO, IN THIS CONVERSATION -- AND, YOU
KNOW, I WANT TO PREFACE IT BECAUSE, YOU KNOW, THERE ARE MANY
MISNOMERS ABOUT REPARATIONS. SO THERE'S FIVE VARIOUS POINTS OF
REPARATIONS, AND I'LL BE QUICK: ACKNOWLEDGEMENT, APOLOGIES,
RESTITUTION, REHABILITATION AND INSTITUTIONAL REFORMS. THE IDEA OF THE
COMMISSION WAS FOR IT TO BE A COMMISSION IN WHICH EXPERTS,
INDIVIDUALS WHO ARE COGNIZANT ABOUT THE FIVE POINTS OF REPARATIONS ARE
SITTING UPON IT. SO WE WANT TO MAKE SURE THAT WE ARE HAVING MINIMAL
QUALIFICATIONS WE PUT IN THE BILL, AND ALSO ENSURE THAT IT WAS A
COMMISSION THAT ONES -- THAT EXPERTS COULD SIT UPON.
MR. GOODELL: NO DOUBT, AND I APPRECIATE YOUR
DESCRIPTIONS OF THE QUALIFICATIONS. BUT IS THERE ANY REASON WHY THE
MINORITY CONFERENCE HAS NO APPOINTMENTS?
MS. SOLAGES: THIS ABOUT A HEARING FOR THE PEOPLE,
SO WE NEED TO FOCUS ON ENSURING THAT NEW YORKERS ARE HEARING ABOUT
THIS PROCESS. I UNDERSTAND AND PEOPLE HAVE TALKED ABOUT THE
COMPOSITION OF THE COMMISSION, WHICH IS JUST A SMALL POINT, BUT REALLY
WE NEED TO BE FOCUSING ON HEALING AND HEARING FROM THE PEOPLE WHAT
REPARATIONS IN NEW YORK STATE WILL LOOK LIKE.
MR. GOODELL: MOST ASSUREDLY. AND OF COURSE, AS
YOU KNOW, THE MINORITY CONFERENCE REPRESENTS ABOUT A THIRD OF THE
PEOPLE IN THE STATE OF NEW YORK. JUST TAKE IT UNDER ADVISEMENT IF WE
HAVE AN OPPORTUNITY AT SOME POINT THAT IT WOULD SEEM APPROPRIATE THAT
EVEN THE MINORITY CONFERENCE OUGHT TO BE INVOLVED IN THIS ANALYSIS.
MS. SOLAGES: AND JUST TO ADD ONE MORE POINT, IN
51
NYS ASSEMBLY JUNE 8, 2023
THE BILL WE ALSO INCLUDED GEOGRAPHICAL DIVERSITY AND ALSO REQUIRED THAT
THE HEARINGS BE DONE ALL ACROSS THE STATE. SO ANY NEW YORKER
INTERESTED IN GIVING TESTIMONY WILL BE ABLE TO DO SO.
MR. GOODELL: I NOTE THAT THIS LEGISLATION STARTS OUT
WITH FIVE PAGES OF A SUMMARY OF THE HISTORY OF SLAVERY IN NEW YORK
STATE AND THE SLOW, PAINFUL PROCESS THAT NEW YORK WENT THROUGH TO
ELIMINATE SLAVERY, ALTHOUGH WE WERE WELL AHEAD OF THE NATION AS A
WHOLE, OF COURSE. NOW, AS I UNDERSTAND IT FROM THIS RECITATION, SLAVERY
WAS FULLY ELIMINATED, I MEAN IT STARTED TO PHASE OUT IN 1799 BUT WAS
ALMOST FULLY ELIMINATED BY JULY 4, 1827 WITH SOME EXCEPTIONS. WHY IS
IT YOU THINK WE NEED A COMMISSION TO LOOK AT REPARATIONS 193 YEARS
AFTER NEW YORK BASICALLY ENDED SLAVERY?
MS. SOLAGES: SO THIS LEGISLATION IS ALSO ABOUT NOT
JUST CHATTEL SLAVERY, WHICH IS THE TYPE OF SLAVERY WHICH INDIVIDUALS
BOUGHT AND SOLD. EVEN THEIR CHILDREN WERE CONSIDERED PROPERTY. BUT
THIS IS ABOUT ITS LEGACY. IT'S MANY OTHER FACES AND HOW WE CAN ACHIEVE
REMEDIES. SO WHETHER IT'S CHATTEL SLAVERY, BLACK CODE, JIM CROW,
MASS INCARCERATION, HOUSING DISCRIMINATION, SCHOOL SEGREGATION,
INFRASTRUCTURE, THERE'S -- THERE'S A LOT THAT WE CAN SPEAK ABOUT, BUT, YOU
KNOW, WE FOCUSED ON CHATTEL SLAVERY AND ITS LEGACY. IT'S MANY DIFFERENT
FACES.
MR. GOODELL: OF COURSE, AS YOU KNOW, OVER THE
YEARS WE'VE IMPLEMENTED MULTIPLE PROGRAMS IN AN EFFORT TO ADDRESS
SOME OF THOSE ISSUES YOU MENTIONED, INCLUDING FAIRLY AGGRESSIVE
AFFIRMATIVE ACTION PROGRAMS IN CERTAIN AREAS. MORE RECENTLY, VERY, I
52
NYS ASSEMBLY JUNE 8, 2023
THINK, ROBUST EFFORT TO EXPAND OPPORTUNITIES FOR MWBE, WHICH WOULD
BE MINORITY BUSINESS OWNED ENTERPRISES. IS IT YOUR VIEW THAT THOSE
EFFORTS HAVE BEEN INSUFFICIENT?
MS. SOLAGES: SO, YOU KNOW, THIS COMMISSION
WOULD DECIDE WHETHER THE EFFORTS MADE AND ALSO, YOU KNOW, PEOPLE ARE
GOING TO PROVIDE TESTIMONY, MADE -- IF THE EFFORTS MADE WERE
APPROPRIATE OR IF WE NEED TO DO ADDITIONAL RESTITUTIONS. BUT REMEMBER,
THERE ARE SOME OTHER ISSUES THAT WEREN'T MADE AMENDS. YOU KNOW, I'M
FROM LONG ISLAND, AND WHEN YOU THINK ABOUT LONG ISLAND YOU THINK
ABOUT LEVITTOWN, WHICH IS THE FIRST SUBURB, AND HOW THERE WERE
COVENANTS WITHIN THOSE DOCUMENTATIONS THAT SAY THAT BLACK INDIVIDUALS
COULD NOT OWN THOSE HOMES. MANY PEOPLE NOW ARE STRUGGLING ON LONG
ISLAND WITH HOUSING DISCRIMINATION AS WE SAW FROM A NEWSDAY REPORT
THAT SAID THAT, YOU KNOW, INDIVIDUALS, BLACK INDIVIDUALS WHO WERE
INTERESTED IN BUYING HOMES AND PROPERTIES WERE NOT ABLE TO DO SO
BECAUSE THEY WERE DISCRIMINATED AGAINST. AND SO, YOU KNOW, THERE ARE
MANY ASPECT OF REPARATIONS THAT WE NEED TO DISCUSS AND, YOU KNOW, THIS
-- YOU KNOW, THIS IS MORE OF AN EQUITY LEGISLATION THAT ALIGNS ITSELF WITH
REPARATIONS. AND THIS IS ABOUT CREATING A HEALING PROCESS, ALL OF US
TALKING ABOUT, YOU KNOW, THE MANY DIFFERENT FACETS OF CHATTEL SLAVERY
AND ITS LEGACY AND ITS FACES AND SEEING WHAT WE CAN DO TO PROVIDE, YOU
KNOW, WHAT I SAID, THE FIVE POINTS OF REPARATIONS, THE INSTITUTIONAL
REFORMS SO THAT WE CAN EXAMINE REFORM OF SYSTEMS. THE REHABILITATION,
THE RESTITUTION, MAKING SURE THAT PEOPLE LIKE THE INDIVIDUALS IN SENECA
VILLAGE WHICH IS NOW KNOWN AS CENTRAL PARK, MANY OF THEM -- IT WAS A
53
NYS ASSEMBLY JUNE 8, 2023
BLACK VIBRANT COMMUNITY OF -- OF SENECA VILLAGE -- WERE DISPLACED
AND, YOU KNOW, WE'VE NEVER MADE AMENDS FOR THAT. AND SO, YOU
KNOW, WE CAN FOCUS ON ONE SPOT IN THE TIMELINE, BUT WE NEED TO REALLY
HAVE A CONVERSATION ABOUT THE WHOLE CONDUIT.
MR. GOODELL: NOW, OF COURSE, AS YOU KNOW,
UNFORTUNATELY - AND I MEAN THAT IN THE BROADEST SENSE - UNFORTUNATELY,
AFRICAN-AMERICANS WEREN'T THE ONLY ONES THAT WERE DISCRIMINATED
AGAINST IN OUR NATION'S HISTORY. WE HAD THOUSANDS OF IRISH INDIVIDUALS
WHO CAME OVER AS INDENTURED SERVANTS AND THEY USED THAT INDENTURED
SERVITUDE PRIMARILY TO PAY FOR THEIR PASSAGE TO AMERICA. IN MY
COMMUNITY WE HAD A VERY PROMINENT AND AT ONE POINT SOMEWHAT
CONTENTIOUS RELATIONSHIPS BETWEEN SWEDES, ITALIANS, POLISH AND OTHERS,
AND -- AND EVEN, YOU KNOW, IF I GO BACK 150 OR 200 YEARS AGO THERE
WERE EVEN, AS YOU MENTIONED, DEED RESTRICTIONS THAT WOULD BAR A
CERTAIN RACE, NOT AFRICAN-AMERICANS, BUT, YOU KNOW, DEPENDING ON
THEIR NATION OF ORIGIN. DOES THIS LEGISLATION ADDRESS REPARATIONS FOR
DESCENDANTS OF PEOPLE WHO CAME OVER AS INDENTURED SERVANTS OR WERE
THEY UNFORTUNATE VICTIMS OF DEED RESTRICTIONS THAT MIGHT BAR SWEDES OR
ITALIANS OR SOME OTHER NATIONALITY FROM --
MS. SOLAGES: SO, THERE ARE MANY --
MR. GOODELL: -- LIVING IN A PARTICULAR
NEIGHBORHOOD OR IS IT JUST RESTRICTED TO AFRICAN-AMERICANS?
MS. SOLAGES: SO, THERE ARE MANY EXAMPLES OF
REPARATIONS BEING IMPLEMENTED OVER THE PAST CENTURY. FOR INSTANCE,
THE CIVIL LIBERTIES ACT OF 1888 GAVE SURVIVING JAPANESE-AMERICAN
54
NYS ASSEMBLY JUNE 8, 2023
REPARATIONS, IN THE END ALSO A FORMAL APOLOGY FROM PRESIDENT REAGAN
FOR THE INJUST [SIC] AND INEXCUSABLE MASS INCARCERATION DURING WORLD
WAR II. YOU KNOW, THERE -- THERE ARE MANY DIFFERENT TYPES OF
REPARATIONS THAT HAPPENED JUST FOR SINGULAR GROUPS.
MR. GOODELL: BUT THIS ONLY FOCUSES ON
AFRICAN-AMERICANS, CORRECT?
MS. SOLAGES: SO, WE'RE HEARING -- WE'RE GOING TO
BE HEARING FROM -- MANY STAKEHOLDERS WANT TO EXPRESS THEIR FEELINGS
AND CONCERNS, WE DEFINITELY URGE THEM TO DO SO. IT WOULD BE THE JOB OF
THE COMMISSION TO DETERMINE WHAT REPARATIONS LOOK LIKE. SO I DON'T
WANT TO SIT HERE AND DEFINE WHAT THE COMMISSION IS GOING TO ULTIMATELY
PRODUCE, BUT WE WANT TO HEAR FROM INDIVIDUALS, YOU KNOW, WHAT WE
CAN DO TO, YOU KNOW, TACKLE CHATTEL SLAVERY AND ITS -- AND ITS LEGACIES.
MR. GOODELL: I'M ACTUALLY VERY --
MS. SOLAGES: AND I REALLY BELIEVE THAT, YOU KNOW,
WHEN ONE GROUP OF INDIVIDUALS ARE UPLIFTED, WE ARE ALL UPLIFTED. WHEN
ONE GROUP OF -- IF WE TACKLE AN INJUSTICE WE PROVIDE JUSTICE.
MR. GOODELL: CERTAINLY. I AM VERY, VERY PROUD
TO REPRESENT A PORTION OF THE SENECA NATION OF INDIANS. AND IF THERE'S
ANY GROUP OF INDIVIDUALS THAT HAVE BEEN VICTIMIZED BY ALL NEW
YORKERS, IT WOULD MOST ASSUREDLY BE THE INDIANS. I MEAN, THE -- THE
SETTLERS CAME IN --
MS. SOLAGES: MR. GOODELL, I DON'T THINK IT'S
PROPER FOR US TO COMPARE THIS INJUSTICE TO THAT INJUSTICE AT THIS TIME ON
THIS DEBATE. IF WE HAVE SOMETHING MORE TO THE BILL I WOULD -- I WOULD
55
NYS ASSEMBLY JUNE 8, 2023
REALLY APPRECIATE THAT. AND, YOU KNOW, WE CAN HAVE A WHOLE LIST OF
CONVERSATIONS ABOUT OTHER POTENTIAL BILL IDEAS IN THE FUTURE.
MR. GOODELL: BUT THIS BILL, AS -- I THINK WHAT
YOU'RE SAYING, AND I -- AND I WOULD AGREE, THIS BILL DOESN'T FOCUS ON THE
INJUSTICES THAT WERE DONE TO THE NATIVE AMERICANS HERE IN NEW YORK
STATE, IT'S JUST FOCUSED REALLY ON STUDYING THE IMPACT ON PEOPLE OF
AFRICAN DESCENT, RIGHT? I MEAN, THAT'S PAGE 6.
MS. SOLAGES: IF WE LOOK AT -- RIGHT NOW THERE ARE
SO MANY BLACK NEW YORKERS WHO ARE DISENFRANCHISED THAT THE -- THE
WEALTH GAP, IF YOU SEE, YOU KNOW, BLACK AMERICANS ARE IN THE BOTTOM
OF A TRENDING VERSUS THE OTHER GROUPS. AND SO, YOU KNOW, WHEN WE
TALK ABOUT REDLINING, FOR EXAMPLE, ANOTHER LEGACY OF CHATTEL SLAVERY
WHERE WE'VE PACKING AND STACKING COMMUNITIES AND DISENFRANCHISING
THEM. YOU KNOW, WE REALLY HAVE TO MAKE SURE THAT WE'RE LOOKING AT A
GRANULAR LEVEL HOW WE CAN REFORM THAT AND HOW WE CAN ASSIST PEOPLE
AND UPLIFT PEOPLE. SO THIS IS JUST SIMPLY A -- A COMMISSION THAT WOULD
HAVE THESE CONVERSATIONS.
MR. GOODELL: WOULD YOU ENVISION THAT ANY
RECOMMENDATIONS FOR REPARATION WOULD BE LIMITED TO AFRICAN-
AMERICAN DESCENDENTS OF NEW YORKERS OR WOULD IT BE AVAILABLE TO
PEOPLE WHO PERHAPS MOVED INTO NEW YORK WELL AFTER SLAVERY WAS
ABOLISHED?
MS. SOLAGES: YOU KNOW, THE COMMISSION IS GOING
TO DETERMINE THAT. THAT'S WHY WE WANT TO HAVE A COMMISSION TO HAVE A
CONVERSATION OF WHAT REPARATIONS WILL LOOK LIKE, AND I'M CONFIDENT
56
NYS ASSEMBLY JUNE 8, 2023
THEY'RE GOING TO COME UP WITH A -- A RESOLUTION THAT WOULD REALLY
ADDRESS, YOU KNOW, THE HARMS THAT WE STILL SEE TODAY.
MR. GOODELL: NOW OF COURSE AMERICA IS BLESSED
BY HAVING A LOT OF IMMIGRANTS THAT HAVE COME TO OUR COUNTRY OVER THE
-- OVER THE YEARS. AS I MENTIONED, IN MY COMMUNITY WE HAVE A LOT OF
FORMER IMMIGRANTS, IF YOU WILL, THAT CAME FROM ITALY OR SWEDEN OR
POLAND OR ELSEWHERE, AND THEY'VE BROUGHT A RICH HERITAGE WITH THEM.
BUT ALL OF THEM --
MS. SOLAGES: I JUST -- I JUST WANT TO CORRECT YOU
BECAUSE THOSE WHO WERE ENSLAVED DID NOT COME HERE WILLINGLY.
MR. GOODELL: NO, I UNDERSTAND. BUT MY POINT IS
--
MS. SOLAGES: I JUST WANTED TO CLARIFY THAT.
MR. GOODELL: MY POINT IS MY COUNTY WASN'T BORN
UNTIL THE EARLY 1800S, AND SO ALMOST EVERYONE THAT'S COME TO MY COUNTY
ARRIVED AFTER SLAVERY HAD BEEN ABOLISHED. SOME OF THEM 50, 100 YEARS
LATER. WOULD YOU ENVISION THAT THEY WOULD BE ASKED TO PAY
REPARATIONS?
MS. SOLAGES: AGAIN, THERE ARE FIVE POINTS OF
REPARATIONS THAT I WENT OVER BEFORE, AND WE WANT TO LOOK AT THE
CONTINUUM FROM CHATTEL SLAVERY TO ITS MANY DIFFERENT FACES AND -- AND
LEGACIES. AND SO IT'S IMPORTANT TO HAVE A HOLISTIC CONVERSATION AND
THAT'S WHAT THIS BILL DOES AND THAT'S WHAT NEW YORK IS DOING. WE -- WE
WANT TO MAKE SURE THAT WE ARE DEFINING THAT REPARATIONS IS MANY
DIFFERENT POINTS. I KNOW PEOPLE GET STUCK ON ONE ASPECT, CHATTEL
57
NYS ASSEMBLY JUNE 8, 2023
SLAVERY, WHICH IS VERY IMPORTANT BECAUSE AS A SOCIETY WE'VE NEVER
ATONED FOR THAT. WE -- WE -- I DON'T THINK THE US GOVERNMENT HAS EVER
SAID SORRY. AND SO THIS IS AN OPPORTUNITY TO NOW BEGIN THE HEALING
PROCESS. AND THERE'S -- THERE'S OTHER ASPECTS, AS I SAID --
MR. GOODELL: MAY I INTERRUPT YOU A MINUTE? I
MEAN, THE MOST AMERICAN CASUALTIES IN THE HISTORY OF OUR COUNTRY
INCLUDED HUNDREDS OF THOUSANDS OF UNION SOLDIERS WHO WERE FIGHTING
TO FREE THE SLAVES. AND IT -- IS IT YOUR EXPECTATION THAT THE DESCENDENTS
OF THOSE SOLDIERS WHO GAVE THEIR LIFE SHOULD ISSUE AN APOLOGY TO THE
SLAVES THAT THEY FREED?
MS. SOLAGES: THIS IS NOT TO THE BILL.
MR. GOODELL: BUT I MEAN --
MS. SOLAGES: THE BILL IS A COMMISSION --
MR. GOODELL: -- YOU JUST SAID THAT WE HAVEN'T HAD
AN --
MS. SOLAGES: -- THAT WOULD LOOK AT THIS.
MR. GOODELL: -- APOLOGY. I MEAN, HONEST TO GOD
--
MS. SOLAGES: SO THE OPINION THAT WE --
MR. GOODELL: -- THE WHOLE FREAKING COUNTRY WENT
TO THE WAR.
ACTING SPEAKER AUBRY: (CLEARING THROAT.)
MR. GOODELL: I APOLOGIZE. I APOLOGIZE.
ACTING SPEAKER AUBRY: YOU KNEW RIGHT
AWAY, RIGHT?
58
NYS ASSEMBLY JUNE 8, 2023
MR. GOODELL: YES.
MS. SOLAGES: THIS IS JUST --
MR. GOODELL: YES. I -- I -- FOR JUST A MOMENT I --
I CHANNELED MY TEENAGED KIDS. I APOLOGIZE TO THE ENTIRE ASSEMBLY.
MS. SOLAGES: THIS IS A VERY EMOTIONAL
CONVERSATION.
MR. GOODELL: BUT I MEAN, IT WAS A VERY DIFFICULT
TIME IN OUR HISTORY FOR SURE. THANK YOU FOR --
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. --
MR. GOODELL: AND PLEASE, MS. SOLAGES, ACCEPT
MY APOLOGIES.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THE BILL HAS A GREAT SUMMARY OF
NEW YORK STATE'S EFFORTS TO ABOLISH SLAVERY, AND -- AND THERE'S NO DOUBT
BASED ON THE SUMMARY THAT THERE'S A LOT OF FINANCIAL INTERESTS THAT WERE
INVOLVED IN THE SLAVE TRADE FOCUSED PRIMARILY IN NEW YORK CITY. AND
AS A RESULT, IN THE LATE 1700S AND EARLY 1800S A LOT OF THE ELECTED
OFFICIALS IN NEW YORK CITY WERE VERY RELUCTANT TO PUSH THAT ISSUE
FORWARD. THE SITUATION WAS VERY DIFFERENT UPSTATE. IN UPSTATE, THE
ABOLITIONIST MOVEMENT GAINED NATIONAL PROMINENCE. AND, INDEED, IN
MY COUNTY WE HAD ONE OF THE VERY, VERY FIRST PLATFORM COMMITTEE
MEETINGS OF THE NEWLY-FORMED REPUBLICAN PARTY FOCUSING ON THE
ABOLITION OF SLAVERY. AND EVEN THOUGH MY COUNTY WAS YOUNG AND WE
59
NYS ASSEMBLY JUNE 8, 2023
HAD RELATIVELY FEW RESIDENTS, MY COUNTY SENT OVER 4,000 YOUNG MEN TO
FIGHT IN THE CIVIL WAR TO FREE SLAVES. AND AN ESTIMATED 750 TO 1,000 OF
THEM NEVER CAME HOME. AND BACK THEN THERE WAS NO SOCIAL SECURITY,
THERE WAS NO GOVERNMENT PENSION, THERE WAS NO ASSISTANCE. AND SO IN
MY AREA OF THE STATE WE PUT OUR BLOOD, WE PUT OUR YOUNG PEOPLE, WE
PUT EVERYTHING WE OWNED IN MANY CASES IN AN EFFORT TO FREE THE SLAVES.
AND EVEN BEFORE THE CIVIL WAR, MY COUNTY WAS WELL-KNOWN FOR THE
UNDERGROUND RAILROAD. AND AT THAT TIME IT WAS ILLEGAL TO ASSIST SLAVES
IN THEIR EFFORTS TO GAIN FREEDOM IN CANADA, AND OUR RESIDENTS PUT
THEMSELVES IN HARM'S WAY FOR ARREST OR INCARCERATION BY DOING
EVERYTHING THEY COULD TO HELP. SO I THINK WE NEED TO BE SENSITIVE TO
THE FACT THAT THERE HAVE BEEN A LOT OF SOCIAL WRONGS THAT ARE
EXTRAORDINARILY SERIOUS THAT HAVE OCCURRED IN OUR HISTORY AND IN THE
HISTORY OF THE WORLD. AND IN MY NECK OF THE WOODS, IT USED TO BE ALL
OWNED BY THE SENECA NATION OF INDIANS. ALL OF IT. AND WHEN THE
SETTLERS CAME, THEY SEIZED IT. BUT WE'RE NOT TALKING ABOUT THAT HERE.
WE'RE NOT TALKING ABOUT THE IRISH INDENTURED SERVANTS. WE'RE NOT
TALKING ABOUT ANY OTHER GROUP, WE'RE NOT TALKING ABOUT THE NATIVE
AMERICANS. AND I'M CONCERNED THAT WE'RE OPENING A DOOR THAT WAS
CLOSED IN NEW YORK STATE OVER ALMOST 200 YEARS AGO. THE OPEN
QUESTIONS OF WHO PAYS, WHO RECEIVES, HOW DO WE CALCULATE IT, HOW DO
WE BE FAIR AND EQUITABLE TO FAMILIES LIKE MINE THAT WEREN'T EVEN IN THE
COUNTRY UNTIL THE 1900S.
AND SO I APPRECIATE MY COLLEAGUE'S COMPASSION AND
THOUGHTFULNESS. I SUPPORT THE EFFORTS THAT WE HAVE ONGOING TO PROVIDE
60
NYS ASSEMBLY JUNE 8, 2023
FINANCIAL SUPPORT, ASSISTANCE, EDUCATION AND EVERYTHING ELSE WE CAN TO
HELP BRING EQUAL OPPORTUNITY TO EVERYONE IN NEW YORK STATE. AND I
HOPE THAT WE CAN CONTINUE ON THAT PATH RATHER THAN FOCUS ON
REPARATIONS FOR ACTIVITIES THAT HAPPENED A COUPLE OF HUNDRED YEARS AGO
TO BE PAID BY PEOPLE WHO PUT EVERYTHING ON THE LINE TO END IT OR
WEREN'T IN THIS COUNTRY AT THAT TIME.
THANK YOU, MR. SPEAKER. AND AGAIN, THANK YOU TO MY
COLLEAGUE, I APPRECIATE YOUR COMMENTS.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. SOLAGES, WILL YOU
YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU VERY MUCH. SO MY
QUESTION IS, HAS THIS BILL -- THIS BILL I BELIEVE CAME TO A VOTE IN 2021. IS
IT THE SAME BILL AS WE TOOK UP IN 2021 OR HAS THE BILL CHANGED AT ALL?
MS. SOLAGES: NO, THE BILL HAS CHANGED SINCE IT
WAS FIRST TAKEN UP BY OUR FORMER COLLEAGUE AND MYSELF AS WELL.
MS. WALSH: AND HAS IT IN ANY OTHER FORM EVER
BEEN INTRODUCED, YOU KNOW, LIKE MAYBE IN A PRIOR VERSION OR A
DIFFERENT -- A DIFFERENT VERSION OF THE BILL, HAS IT EVER COME BEFORE THE
ASSEMBLY FOR A VOTE?
MS. SOLAGES: FOR, LIKE, AS A BILL FOR A VOTE?
61
NYS ASSEMBLY JUNE 8, 2023
MS. WALSH: YES.
MS. SOLAGES: WELL, THERE -- THERE'S BEEN ABOUT --
WELL, TECHNICAL CHANGES, TWO ITERATIONS OF THIS BILL THAT WAS TAKEN UP FOR
A VOTE; THE ONE BY A FORMER COLLEAGUE, MYSELF AND THEN THIS VERSION
WHICH HAS FURTHER TECHNICAL CHANGES. WE -- WE REMOVED SOME OF THE
GROUPS -- REMOVED THE GROUPS, WE ADDED THE LANGUAGE ABOUT PUBLIC
HEARING, WE CHANGED THE EFFECTIVE DATE, SUCH AS THAT.
MS. WALSH: SO ALL THOSE CHANGES THAT YOU JUST
LISTED, JUST SO I'M CLEAR, THEY -- THEY WERE MADE TO THIS BILL THAT WE'RE
TAKING UP TODAY THAT ARE DIFFERENT THAN THE BILL THAT -- AND I HAVE IT -- I
-- I DON'T KNOW IF I'M SUPPOSED TO SAY HIS NAME BUT --
MS. SOLAGES: THIS IS A WORK PRODUCT FROM --
MS. WALSH: -- A FORMER MEMBER.
MS. SOLAGES: YEAH, THIS IS A WORK PRODUCT FROM
THE MEMBERS, AND I HAVE TO THANK MANY OF THE MEMBERS WHO HAVE PUT
INPUT IN, AND I ALSO THANK OUR GREAT SPEAKER WHO, YOU KNOW, PROVIDED
US AN AVENUE TO HAVE THIS CONVERSATION.
MS. WALSH: SO I'M CURIOUS, BECAUSE I -- I DON'T
KNOW MUCH -- THAT MUCH ABOUT THIS, BUT I'VE DONE A LITTLE BIT OF
RESEARCH AND IT LOOKS AS THOUGH THERE IS SOME PRECEDENT AROUND THE
COUNTRY FOR SIMILARLY TAKING A LOOK AT THE ISSUE OF REPARATIONS. HOW
MANY STATES AROUND THE COUNTRY PRIOR TO NEW YORK HAVE TAKEN UP THIS
-- THIS ISSUE?
MS. SOLAGES: SO IF -- WELL, IF YOU'RE TALKING ABOUT
REPARATIONS THERE HAVE BEEN MANY, MANY EXAMPLES OF REPARATIONS.
62
NYS ASSEMBLY JUNE 8, 2023
MS. WALSH: OKAY.
MS. SOLAGES: AND LET ME JUST JUMP BACK, BECAUSE
THERE ACTUALLY WAS THE HOMESTEAD ACT OF 1862 WHERE UNION SOLDIERS
WHO FOUGHT IN THE WAR WAS ABLE TO GET 160 FREE PARCELS OF FEDERAL
LAND. SO THOSE WHO FOUGHT IN THE CIVIL WAR RECEIVED SOME SORT OF
REPARATION. IN ADDITION, THERE ARE CURRENTLY RIGHT NOW IN THIS MODERN
DAY AND AGE, YOU KNOW, CALIFORNIA THAT HAS A REPARATIONS TASK FORCE
AND THEN THERE'S OTHER LOCAL MUNICIPALITIES THAT HAVE -- HAS PRESENTED
REPARATIONS BILLS. SO WE HAVE A MUNICIPALITY IN ILLINOIS THAT PROVIDED A
REPARATION BILL THAT TALKED ABOUT HOUSING AND PROVIDED HOUSING AND
SUPPORT FOR INDIVIDUALS, FOR -- FOR BLACKS ILLINOISANS WHO WERE LOOKING
FOR SUPPORT. NORTH CAROLINA HAD A HOUSING AND COMMUNITY PROGRAM,
MARYLAND HAD A PROPOSED BILL AS WELL, AND NEW JERSEY, OUR SISTER STATE,
IS ALSO LOOKING AT A TASK FORCE. AND IN ILLINOIS THE MODEL WAS THEY
GAVE A 3 -- A 3 PERCENT -- OR THERE WAS A 3 PERCENT TAX ON RECREATIONAL
CANNABIS. THERE WAS NO CASH PAYOUTS, BUT THERE WAS A $10 MILLION
DISTRIBUTION AND $25,000 PAYMENT, DOWN PAYMENTS FOR MORTGAGES, FOR
HOME REPAIRS, BECAUSE WE KNOW THAT MANY BLACK RESIDENTS WERE
AFFECTED BY HOUSING DISCRIMINATION BETWEEN 1990 AND 1969. AND SO IN
ILLINOIS THEY PROVIDED THAT FOR RESIDENTS TO MAKE AMENDS FOR THE -- THE
SINS OF CHATTEL SLAVERY AND ITS LEGACIES.
MS. WALSH: THANK YOU SO MUCH FOR -- FOR YOUR
ANSWER. YOU MENTIONED THE HOMESTEAD ACT THAT WAS JUST POST-CIVIL
WAR. DID -- DID THE HOMESTEAD ACT, THOUGH, GRANT TRACTS OF LAND TO ALL
SOLDIERS WHO HAD SERVED OR WAS IT SPECIFICALLY FOR AFRICAN-AMERICAN
63
NYS ASSEMBLY JUNE 8, 2023
SOLDIERS?
MS. SOLAGES: IT WAS FOR EVERY -- EVERY WALKS OF
LIFE, EVERY CITIZEN, WHETHER YOU'RE -- YOU'RE ENSLAVED OR NOT. AND
REMEMBER, NOT ONLY, YOU KNOW, AMERICANS FOUGHT IN THE WAR, THERE
WAS ALSO -- ENSLAVED PEOPLE ALSO FOUGHT IN THE CIVIL WAR AS WELL.
MS. WALSH: YES, AND MANY FROM NEW YORK.
MS. SOLAGES: YES.
MS. WALSH: MANY FROM NEW YORK. THAT'S -- THAT'S
SO INTERESTING. SO YOU MENTIONED A COUPLE OF STATES; YOU MENTIONED
CALIFORNIA, ILLINOIS, NORTH CAROLINA, MARYLAND AND NEW JERSEY. SO I
JUST WANT TO BE CLEAR. I GUESS THE STATE THAT I WAS A LITTLE BIT FAMILIAR
ABOUT WHAT THEY WERE DOING WAS CALIFORNIA.
MS. SOLAGES: CORRECT.
MS. WALSH: BECAUSE THEY -- THEY ACTUALLY HAVE AN
ONGOING TASK FORCE OR COMMISSION, I DON'T KNOW WHAT THEY'RE CALLING IT.
BUT THEY -- DID -- DID THE -- THE PATH KIND OF THAT CALIFORNIA IS
FOLLOWING, IS THAT ENVISIONED AS WHAT WE'RE SHAPING THIS LEGISLATION
AROUND SIMILAR?
MS. SOLAGES: AND I JUST WANTED TO ALSO MENTION
THAT ALSO ON THE FEDERAL LEVEL, HR 40 IS ACTUALLY BEING DEBATED, WHICH
IS A FEDERAL REPARATION BILL AS WELL. BUT TO YOUR POINT, THEIR
COMMISSION -- YOU KNOW, YOU ALWAYS LOOK -- AND AS WE DO WITH EVERY
PIECE OF LEGISLATION, WE ALWAYS LOOK AT WHAT OTHER STATES ARE DOING AND
TAKE, YOU KNOW, THE BEST AND THE WORST AND, YOU KNOW, LEARN FROM THE
WORST AND, YOU KNOW, MAKE YOUR PIECE OF LEGISLATION BETTER AND I FEEL
64
NYS ASSEMBLY JUNE 8, 2023
THAT WITHIN THIS DOCUMENT THAT WE ARE PRODUCING AND VOTING ON TODAY,
WE ARE DOING THAT.
MS. WALSH: NOW, CALIFORNIA STARTED BACK IN I
THINK 2020? IS THAT WHEN THEY FORMED THEIR COMMISSION?
MS. SOLAGES: UM, I -- I DON'T HAVE THE EXACT DATE,
BUT THEY HAVE ACTUALLY PRODUCED A REPORT. SO THEY -- THEY'VE WENT
THROUGH THE PUBLIC HEARINGS, THE COMMENTS AND ALL THAT.
MS. WALSH: AND -- AND COULD YOU JUST FOR OUR
KNOWLEDGE JUST KIND OF SUMMARIZE HOW THAT PROCESS WENT, SINCE --
SINCE THE PROCESS THAT NEW YORK IS FOLLOWING MIGHT IN SOME WAYS
PARALLEL IT.
MS. SOLAGES: YOU KNOW, THIS -- I BELIEVE, AS -- AS
I SAID, THIS PROCESS IS SOMEWHAT DIFFERENT BUT IT'S BASICALLY A
COMMISSION WAS PRODUCED, THEY HEAR FROM THE COMMUNITY AND THE
PUBLIC, THEY COME, THEY -- THE COMMISSION CONVENES AND THEN
PRODUCES A DOCUMENT, A NON-BINDING DOCUMENT WHICH GOES TO,
WHETHER IT'S A MUNICIPALITY OR THE STATE GOVERNMENT FOR THEM TO
DELIBERATE.
MS. WALSH: SO HOW LONG DID IT TAKE THE CALIFORNIA
TASK FORCE TO PRODUCE THEIR REPORT?
MS. SOLAGES: IT -- IT WAS PROBABLY -- YOU KNOW,
IT'S -- IT'S DIFFERENT AND SO, YOU KNOW, I -- I CAN'T SPEAK TO THE TIMELINE.
BUT AGAIN, IN NEW YORK OUR TIMELINE IS GOING TO BE OUR TIMELINE, AND
SO I -- I TOOK THAT FACTOR IN -- INTO THIS BILL. I ALSO REMEMBER, EVERY
SECOND THAT WE WAIT, INDIVIDUALS, BLACK NEW YORKERS, ARE -- ARE STILL
65
NYS ASSEMBLY JUNE 8, 2023
BEING IMPACTED BY THE INJUSTICES OF CHATTEL SLAVERY AND ITS LEGACIES.
AND SO WE REALLY NEED TO START MOVING ON THIS SO THAT WE CAN BEGIN THE
HEALING PROCESS, WE CAN START HAVING AND WORKING TOGETHER AND
EMPOWER ALL NEW YORKERS.
MS. WALSH: IS IT -- IS IT -- AM I CORRECT THAT THE BILL
PROVIDES FOR A REPORT TO BE PRODUCED NO LATER THAN ONE YEAR AFTER THE
FIRST MEETING OF THE COMMISSION?
MS. SOLAGES: YES.
MS. WALSH: HOW LONG DO YOU THINK IT WILL TAKE TO
-- TO FORM THE COMMISSION AND HAVE THE COMMISSION TO BEGIN ITS WORK?
MS. SOLAGES: SO, THE -- ONCE THE INDIVIDUALS ARE
APPOINTED THEY -- THEY CAN BEGIN THE PROCESS OF MEETING.
MS. WALSH: OKAY.
MS. SOLAGES: I MEAN, THEY HAVE TO WAIT SIX
MONTHS.
MS. WALSH: SO ABOUT SIX MONTHS TO --
MS. SOLAGES: AND IN THE BILL LANGUAGE IT SPEAKS TO
THAT PROCESS OF CONVENING.
MS. WALSH: I'M SORRY, JUST SO I'M CLEAR, SO THE SIX
MONTHS THAT YOU REFERENCED IS ABOUT HOW LONG YOU THINK IT MIGHT TAKE
TO ACTUALLY FORM THE COMMISSION AND GET THE APPOINTMENTS AND THE --
EVERYBODY ON BOARD THAT'S GOING TO BE --
MS. SOLAGES: SO, AFTER THE BILL IS PASSED AND
SIGNED INTO LAW THERE IS SIX MONTHS FOR THE COMMISSION TO CONVENE.
MS. WALSH: OKAY. AND THEN YOU MENTIONED, I
66
NYS ASSEMBLY JUNE 8, 2023
BELIEVE, IN RESPONSE TO EARLIER QUESTIONS THAT IT'S ENVISIONED THAT ONCE
THE COMMISSION IS CONVENED THAT THERE WILL BE, AMONG OTHER THINGS,
OTHER WORK THAT THE COMMISSION WILL BE DOING. THERE WILL BE A SERIES
OF PUBLIC HEARINGS HELD THROUGHOUT THE STATE?
MS. SOLAGES: AND WE ALSO HAVE EMPOWERED THE
COMMISSION TO CONSULT WITH, YOU KNOW, INSTITUTIONS AND OTHER ENTITIES
TO HELP THEM WITH -- WITH THIS WORK.
MS. WALSH: SO, I -- I WAS INTERESTED TO SEE -- I WAS
-- HOLD ON, I'VE GOT TO OPEN MY (INAUDIBLE) HERE, HOLD ON.
(PAUSE)
I WAS LOOKING AT A VERY SIMPLE SEARCH AS FAR AS THE --
THE FIVE -- THEY'VE LISTED FIVE DIFFERENT FORMS OF REPARATIONS. SO, ONE
WAS RESTITUTION, ONE WAS COMPENSATION, ONE WAS REHABILITATION, ONE
WAS SATISFACTION AND ONE WAS GUARANTEES OF NON-REPETITION.
MS. SOLAGES: YUP.
MS. WALSH: AND THAT WAS JUST ONE PLACE. BUT IS
THAT -- AM I GOING DOWN THE RIGHT PATH IN TERMS OF THOSE FIVE GENERAL
OUTLINES?
MS. SOLAGES: YES, WE'RE SAYING THE SAME THING IN
DIFFERENT WORDS.
MS. WALSH: OKAY. ALL RIGHT, VERY GOOD. AND I
WAS LOOKING AT WHAT THE NAACP HAD TO SAY ABOUT REPARATIONS, AND
WHAT THEY SAID IN ONE STATEMENT WAS, I BELIEVE IT'S FROM THEIR WEBSITE,
THAT REPARATIONS WOULD INVOLVE A NATIONAL APOLOGY, SO NATIONAL,
OBVIOUSLY, AND HERE WE ARE IN NEW YORK. BUT I UNDERSTAND YOU
67
NYS ASSEMBLY JUNE 8, 2023
MENTIONED THAT H -- HR 40, WHICH IS BEING LOOKED AT AS WELL, BUT IT
WOULD INVOLVE APOLOGY, RIGHTS TO THE CANNABIS INDUSTRY, FINANCIAL
PAYMENT, SOCIAL SERVICE BENEFITS AND LAND GRANTS TO EVERY DESCENDENT
OF AN ENSLAVED AFRICAN-AMERICAN AND BLACK PERSON, A DESCENDENT OF
THOSE LIVING IN THE UNITED STATES INCLUDING DURING AMERICAN SLAVERY
UNTIL THE JIM CROW ERA. SO IT -- DO -- DO YOU, AS THE SPONSOR OF THIS --
THIS PIECE, AND UNDERSTANDING THAT I KNOW THE COMMISSION NEEDS TO
MEET AND DO THEIR WORK, BUT IS SOMETHING ALONG THOSE LINES WHAT YOU
WOULD EXPECT TO BE RECOMMENDATIONS COMING FROM THIS COMMISSION?
MS. SOLAGES: SO, YOU KNOW, AGAIN WE -- WE -- WE
ARE NOT DICTATING WHAT POINTS THAT THE COMMISSION SHOULD BE ANALYZING.
WE ARE JUST SAYING THAT A COMMISSION SHOULD BE FORMED. AND MY
OPINION AT THIS POINT IS THAT IT'S NONE OF A CONCERN, IT'S REALLY ABOUT WHAT
THE PEOPLE WANT TO -- TO HAVE. AND, YOU KNOW, I REALLY WANTED A
COMMUNITY COMMISSION, BUT AGAIN, WE ARE HERE AT THIS POINT AND I'M
GLAD THAT WE'RE GOING TO HAVE THIS CONVERSATION. BUT IT'S IMPORTANT THAT
THE PEOPLE OF NEW YORK, ESPECIALLY BLACK NEW YORKERS, HAVE -- HAVE
A SAY OF WHAT REPARATION LOOKS LIKE, AND THE COMMISSION PRODUCES A
DOCUMENT AND THEY PRESENT IT TO THE LEGISLATURE, A NON-BINDING
DOCUMENT.
MS. WALSH: THANK YOU VERY MUCH FOR SAYING THAT.
NOW, YOU MENTIONED THAT CALIFORNIA, WHICH I -- I BELIEVE THAT THEY
STARTED IN AROUND 2020-'21 AND NOW THEY HAVE COME OUT WITH A REPORT.
WHAT -- COULD YOU SUMMARIZE, IF YOU KNOW, THE -- THE HIGHLIGHT OF THE
REPORT THAT CALIFORNIA PUT OUT IN THEIR COMMISSION WITH REGARD TO
68
NYS ASSEMBLY JUNE 8, 2023
REPARATIONS? WHAT WERE THE RECOMMENDATIONS OVERALL?
MS. SOLAGES: SO, I JUST WANT TO CLARIFY. YOU'RE
ASKING ME TO SUMMARIZE A REPORT FROM CALIFORNIA?
MS. WALSH: YES, I AM. IF YOU KNOW.
MS. SOLAGES: I DON'T HAVE THE REPORT BEFORE ME,
BUT I JUST RECOMMEND PEOPLE GOING ON LINE OR TO YOUR LOCAL LIBRARY AND
FINDING OUT, YOU KNOW, WHAT THAT REPORT HAS.
MS. WALSH: WELL, I -- I THOUGHT, JUST FROM THIS
QUICK SEARCH THAT I HAD, BECAUSE I -- I DIDN'T KNOW THAT THIS BILL WAS
COMING UP UNTIL JUST A SHORT TIME AGO. I DID THE BEST RESEARCH THAT I
COULD IN THE TIME THAT I HAD. I KNOW THAT YOU'RE MUCH MORE OF A
SUBJECT BETTER EXPERT THAN I AM ON THIS.
MS. SOLAGES: BUT I APPRECIATE YOUR EFFORTS.
MS. WALSH: YEAH, THANK YOU. AND I -- SO WHAT I
SAW WAS THAT -- THAT THERE WAS TO BE FINANCIAL, WOULD THAT BE
RESTITUTION? MAYBE THAT'S -- MAYBE THAT'S THE WRONG TERM, BUT I THINK
FINANCIAL RESTITUTION AND AN APOLOGY, AND THAT THOSE WERE MAYBE THE
TWO MAIN ASPECTS OF WHAT THEY WERE RECOMMENDING. AND MAYBE THERE
ARE OTHERS, BUT THAT'S WHAT I SAW. SO IF YOU'RE -- I COULD CERTAINLY GO TO
MY LIBRARY AND LOOK IT UP AND RESEARCH IT FURTHER, AND I APPRECIATE YOUR
COMMENT.
MS. SOLAGES: (INAUDIBLE)
MS. WALSH: I APPRECIATE YOUR COMMENT. BUT IN
TERMS OF THE AMOUNT OF REPARATIONS, MY-- JUST FROM HAVING LISTENED TO
THE NEWS, AND GOODNESS KNOWS WE'VE BEEN BUSY DOING OTHER THINGS
69
NYS ASSEMBLY JUNE 8, 2023
HERE, TOO, PASSING OTHER BILLS, BUT I SEEM TO REMEMBER THAT THE NUMBER
COMING OUT OF CALIFORNIA WAS -- WAS A NUMBER THAT WAS VERY, VERY HIGH
TO -- TO ME. BUT DO YOU REMEMBER HOW MUCH MONEY THAT WAS THAT
THEY HAD PUT OUT THERE AS THE AMOUNT TO BE DONE AS REPARATIONS?
MS. SOLAGES: THE -- WHAT REPARATIONS IN
CALIFORNIA IS MAY -- MAY LOOK DIFFERENT FROM WHAT IS IN NEW YORK.
AND SO FOR US TO BE REPRESENTING OR THINKING OR DISCUSSING WHAT THEIR
EXACT NUMBER IS IS REALLY JUST A -- A DIFF -- IS -- IS REALLY INAPPROPRIATE
BECAUSE WE HAVE TO HEAR FROM NEW YORKERS WHAT THEY WANT TO DISCUSS.
YOU KNOW, THEY COULD BE TALK -- THEY COULD FOCUS ON REHABILITATION,
THEY COULD FOCUS ON RESTITUTION, APOLOGIES. THEY COULD FOCUS ON
COMPENSATION. BUT WE NEED TO HAVE THE CONVERSATION, AND THAT'S WHAT
THIS COMMISSION DOES RIGHT HERE. AND SO TO -- WE CAN COMPARE AND
CONTRAST CALIFORNIA TO NEW YORK, AND I WOULD SAY NEW YORK IS BETTER,
AND SO LET US GO THROUGH THE PROCESS SO WE CAN FIND OUT IF NEW YORK IS
BETTER.
MS. WALSH: ABSOLUTELY. I -- I AGREE WITH YOU THAT
NEW YORK IS WAY BETTER THAN CALIFORNIA. THAT'S WHY I ALWAYS HESITATE
WHEN WE TAKE ANY IDEAS FROM CALIFORNIA, I THINK WE SHOULD HAVE OUR
OWN. BUT I --
MS. SOLAGES: BUT THIS -- THIS IS ACTUALLY FROM HR
41.
MS. WALSH: YEAH, SO -- OH, HR 41, YEAH. AND I
SAID HR 40 EARLIER.
MS. SOLAGES: IT'S HR 40, EXCUSE ME.
70
NYS ASSEMBLY JUNE 8, 2023
MS. WALSH: HR 40.
MS. SOLAGES: HR 40.
MS. WALSH: SO -- SO THAT HR 40, THEN, LET'S TALK
ABOUT THAT FOR A SECOND BECAUSE I -- I DON'T KNOW A LOT ABOUT THAT. HR
40, THEN, WOULD THAT BE A -- A NATIONAL RESPONSE TO THE SAME ISSUES THAT
NEW YORK WOULD BE FOCUSING ON WITH THIS BILL?
MS. SOLAGES: YES, CORRECT. SO, YOU KNOW, AS
WITH, YOU KNOW, MANY THINGS WE TALK ABOUT, HR 40 WOULD BE THE
NATIONAL CONVERSATION OF WHAT REPARATIONS LOOKS LIKE. AND IT'S GREAT
THAT WE'RE HAVING AND BEGINNING THIS PROCESS. IF -- IF THE BILL-IN-CHIEF
GOES THROUGH, IT'S -- IT'S GOING TO PUT US IN A UNIQUE POSITION BECAUSE
ALREADY AS A STATE WE ARE -- WE ARE GOING TO BE ABLE TO ARTICULATE OUR
NEEDS OR WHAT IS OUR EXPECTATION OF REPARATION IF HR 40 GOES THROUGH.
MS. WALSH: VERY GOOD. NOW I WANTED TO JUST
JUMP VERY QUICKLY OVER TO THE INDIVIDUALS WHO ARE GOING TO BE -- THERE
WERE GOING TO BE THREE APPOINTMENTS -- AND I KNOW THAT THIS WAS
SLIGHTLY COVERED BEFORE, BUT I WANTED TO SPECIFICALLY ASK THIS, THREE
APPOINTMENTS BY THE GOVERNOR, THREE APPOINTMENTS BY THE SPEAKER OF
THE ASSEMBLY, THREE APPOINTMENTS BY THE TEMPORARY PRESIDENT OF THE
SENATE. AND I KNOW THAT MY -- THE PREVIOUS SPEAKER HAD TALKED ABOUT
THE ABSENCE OF MINORITY LEADERSHIP APPOINTMENTS AND WE'VE COVERED
THAT. BUT I WANTED TO SPECIFICALLY ASK, AS THAT -- AS THIS CONVERSATION
UNFOLDS THROUGH THE COMMISSION AND THE PUBLIC HEARINGS THAT ARE GOING
TO BE HELD, DO YOU -- DO YOU ENVISION OR -- OR CAN YOU COMMENT AT ALL
ABOUT THE SERVICES OR AN APPOINTMENT OF SOMEBODY WHO IS SOME KIND
71
NYS ASSEMBLY JUNE 8, 2023
OF AN ECONOMIST OR SOMEBODY WHO CAN DO -- IT SEEMS TO ME LIKE IF
YOU'RE GOING TO POTENTIALLY COME UP WITH A RECOMMENDATION OF AN
AMOUNT THAT YOU WOULD NEED TO MAYBE ENGAGE --
(BUZZER SOUNDED)
MS. SOLAGES: MAY I ANSWER THE GENTLEWOMAN'S
QUESTION?
MS. WALSH: IT IS MY LAST QUESTION, MR. SPEAKER.
MS. SOLAGES: MAY I ANSWER HER QUESTION? I KNOW
SHE'S OUT OF TIME.
ACTING SPEAKER AUBRY: YOU WANT --
MS. SOLAGES: WE HAVE QUALIFICATIONS WITHIN THE
BILL, THAT'S IT.
MS. WALSH: VERY GOOD. THAT -- I'M SATISFIED.
THANK YOU, MR. SPEAKER. THANK YOU TO THE SPONSOR.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER AUBRY: MS. SOLAGES YIELDS.
MR. RA: IF YOU'D LIKE TO, IF YOU HAVE A MORE DETAILED
EXPLANATION FOR MS. WALSH'S QUESTION, I'M HAPPY TO HAVE YOU
(INAUDIBLE).
MS. SOLAGES: THANK YOU FOR YIELDING YOUR TIME.
72
NYS ASSEMBLY JUNE 8, 2023
SO ALL MEMBERS APPOINTED TO THE COMMISSION SHALL HAVE QUALIFICATIONS
TO SERVE ON THE COMMISSION, SO WE ARE LOOKING FOR EXPERTISE. AND WE
-- WE WROTE THAT INTO THE BILL BECAUSE THIS -- THIS IS A VERY NUANCED
CONVERSATION THAT WE'RE TALKING ABOUT. SO IT'S IMPORTANT THAT WE
ACTUALLY HAVE, YOU KNOW, INDIVIDUAL EXPERTS WHO HAVE, YOU KNOW,
LIVED EXPERIENCE, TRAINING, EDUCATION, EXPERTISE IN, YOU KNOW, THE FIELD
OF AFRICAN -- AFRICAN AND AMERICAN STUDIES, CRIMINAL JUSTICE,
ECONOMICS, LAW, CIVIL RIGHTS, AND THOSE, YOU KNOW, WHO HAVE
HISTORICALLY CHAMPIONED THE CAUSE OF REPARATIONS, INJUSTICE, CLERGY AND
SUCH. SO, YOU KNOW, WE ARE -- WE WANT TO ENSURE THAT THOSE
INDIVIDUALS SITTING ON THE COMMISSION ARE QUALIFIED AND UNDERSTAND THE
NUANCES OF REPARATIONS.
MR. RA: OKAY. SO I -- I HAVE SOME -- SOME OTHER
QUESTIONS AND SOME -- SOME OF THE STUFF HAS COME UP ALREADY, AND
CERTAINLY I THANK YOU FOR YOUR -- YOUR RESPONSES TO ALL OF MY
COLLEAGUES. I -- I THINK REGARDLESS OF -- OF THIS VOTE I THINK WE ALL AGREE
THAT THIS IS OBVIOUSLY, YOU KNOW, THE LARGEST STAIN ON OUR COUNTRY'S
HISTORY THAT -- THAT THIS WENT ON, AND CERTAINLY WE UNDERSTAND THE NEED
TO, YOU KNOW, ACCOUNT FOR THAT AND BE SERIOUS ABOUT RACISM THAT STILL
EXISTS IN OUR SOCIETY AND IN OUR -- IN OUR STATE. BUT I -- I KNOW MS.
WALSH MENTIONED THE -- MENTIONED CALIFORNIA, AND I THINK WHEN
PEOPLE -- OBVIOUSLY WHEN THEY SEE THIS IN THE NEWS THAT'S THE FIRST THING
THEY'RE GOING TO THINK OF. AND -- AND I KNOW AS YOU TALKED ABOUT
EARLIER THERE'S OTHER PIECES OF THIS, AND IF YOU CAN ELABORATE A LITTLE BIT
MORE ABOUT THAT BECAUSE EVERYBODY'S GOING TO THINK SOLELY ABOUT THE
73
NYS ASSEMBLY JUNE 8, 2023
FINANCIAL REPARATIONS OF IT ASPECT, BUT I MEAN, I -- I SEE FROM THE
LANGUAGE OF THIS AND IN THIS DEBATE, OBVIOUSLY THERE'S MORE THAT YOU'RE
EXPECTING THAT IS GOING TO COME FROM THIS THAN JUST THAT, CORRECT?
MS. SOLAGES: YES. AND SO, YOU KNOW, THAT'S WHY
IT'S IMPORTANT TO HAVE INDIVIDUALS ON THE COMMISSION WHO UNDERSTAND
THE VARIOUS FORMS OF REPARATIONS, AND AS WE SAID, YOU KNOW, THE
VARIOUS FORMS INCLUDING JUST, YOU KNOW, RECOGNIZING AND
ACKNOWLEDGING PAST JUSTICES [SIC], ISSUING A FORMAL APOLOGY, PROVIDING,
YOU KNOW, OR IMPLEMENTING POLICIES AND INITIATIVES. ALSO MAKING SURE
THAT THERE'S NON-REPETITION, BECAUSE, YOU KNOW, SOMETIMES WE MAY FIX
A PROBLEM AND THEN GO BACK AND JUST CHANGE THE WAY IT'S FORMED AND
DO IT AGAIN. SO, YOU KNOW, WE WANT TO ENSURE THAT WE ARE COMING UP
WITH A COMMISSION THAT -- OR FORMING A COMMISSION THAT CAN SPEAK TO
THAT.
MR. RA: OKAY. AND WOULD -- WOULD YOU ENVISION,
THEN -- WELL, ACTUALLY, FIRST LET ME ASK THIS. SO, WHAT -- WHAT THE
COMMISSION COMES UP WITH, DOES THE COMMISSION HAVE ANY POWERS TO
IMPLEMENT ANY OF THESE SOLUTIONS OR WILL THEY BE MAKING A
RECOMMENDATION, SAY, TO US AS THE LEGISLATURE OR --
MS. SOLAGES: YEAH, SO THEY'RE -- THE COMMISSION
WILL PRODUCE A DOCUMENT WITH THEIR FINDINGS AND THEY'RE GOING TO, YOU
KNOW, DELIVER IT TO THE LEGISLATURE AND WE WOULD HAVE TO ACT UPON
THEIR FINDINGS. BUT I WOULD HOPE THAT ALL OF MY COLLEAGUES WOULD READ
THE DOCUMENTATION.
MR. RA: OKAY, THANK YOU. AND SO IT WILL BE
74
NYS ASSEMBLY JUNE 8, 2023
PROVIDED -- I MEAN, I ASSUME IT WILL BE MADE PUBLIC FOR THE PUBLIC TO --
MS. SOLAGES: YES.
MR. RA: -- LOOK AT AND, OBVIOUSLY, FOR US TO EVALUATE
AND CONSIDER.
MS. SOLAGES: AND MY HOPES [SIC] IS THAT WE -- WE
MAYBE, YOU KNOW, LET'S SEE WHAT THE COMMISSION PRODUCES AND WE
TAKE UP SOME OF THEIR RECOMMENDATIONS. IF NOT, WE CAN ALWAYS REFORM
THE RECOMMENDATION AND IMPLEMENT POLICIES THAT WE SEE FIT. AS
ELECTED OFFICIALS WE HAVE THE OPTION AND WE HAVE THE COLLABORATION TO
WORK TOGETHER TO DO SO.
MR. RA: ABSOLUTELY. NOW, WOULD YOU ENVISION
SOMETHING AS DETAILED LIKE -- I'M -- I'M JUST THINKING OF OTHER ENTITIES
WE'VE HAD IN THE PAST THAT MAKE RECOMMENDATIONS THAT IT COULD BE EVEN
SOMETHING AS DETAILED AS A PIECE OF LEGISLATION OR A MODEL BILL-TYPE
THING THAT THEY MIGHT RECOMMEND TO US AT THAT TIME.
MS. SOLAGES: YES. YOU KNOW, THE COMMISSION
HAS THE POWER TO PRODUCE A REPORT OR DOCUMENTATION, AND IT MAY LOOK
DIFFERENT FROM ANY OTHER STATE OR MODEL. BUT, YOU KNOW, THEY -- THEY
HAVE THE POWER TO DO SO.
MR. RA: OKAY. AND THEN WITH REGARD TO THE ACTUAL
FUNCTIONING HERE OF THIS COMMISSION, WHAT -- WHAT IS THE TIME FRAME IN
TERMS OF HAVING HEARINGS -- IT DOESN'T SPECIFY A PARTICULAR NUMBER OF
HEARINGS, CORRECT?
MS. SOLAGES: SO, THE FIRST MEETING, THE FIRST
MEETING OF THE COMMISSION SHALL TAKE PLACE 180 DAYS AFTER THE
75
NYS ASSEMBLY JUNE 8, 2023
EFFECTIVE DATE. THEN WE SPEAK TO QUORUM, WE SPEAK TO ELECTING A
CHAIR AND A VICE CHAIR. WE SAY THAT THEY RECEIVE NO COMPENSATION FOR
SITTING ON THE COMMISSION. AND WE ALSO OUTLINE THE POWERS OF THE
COMMISSION FOR HEARINGS AND SESSION. AND THE POWER OF
SUBCOMMITTEES AND MEMBERS AS WELL, WHICH IS STATED IN THE DOCUMENT.
MR. RA: OKAY, AND I ASSUME -- I MEAN --
MS. SOLAGES: AND THEY'RE -- THEY'RE ABLE TO ALSO
OBTAIN OFFICIAL DATA DIRECTLY FROM THE HEAD OF DEPARTMENTS, AGENCIES, TO
-- TO BE ABLE TO BE -- TO PRODUCE THEIR REPORT, AND WE ALSO ALLOW THEM TO
COORDINATE WITH HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
RESEARCH CENTERS TO CONDUCT RESEARCH AND ACQUIRE ADDITIONAL
INFORMATION SO THAT THEY CAN PRODUCE A DOCUMENT WHICH WILL HIGHLIGHT
THE REPARATIONS AND REMEDIES, BECAUSE IT'S ALL ABOUT REMEDIES AT THE END
OF THE DAY.
MR. RA: I -- I WANTED TO ASK YOU ABOUT THAT PIECE IN
TERMS OF DATA. SO, JUST WHAT ARE -- WHAT ARE THE, I GUESS, MECHANISMS
FOR THAT WHEN THEY'RE DEALING WITH -- HOW -- HOW DO WE MAKE SURE
THERE'S COOPERATION FROM THOSE ENTITIES THAT THEY WANT TO GET DATA FROM?
YOU KNOW, WE'RE SAYING THEY CAN ACCESS THIS, BUT JUST MECHANICALLY, DO
YOU KNOW HOW THAT WOULD OPERATE?
MS. SOLAGES: I'M SURE THEY COULD JUST PICK UP THE
PHONE OR SEND AN E-MAIL OR CALL.
MR. RA: WELL, WE'D HOPE THERE WOULD BE
COOPERATION. I'M SAYING WHAT IF THERE'S NOT?
MS. SOLAGES: WHAT IF THERE'S NOT COLLABORATION?
76
NYS ASSEMBLY JUNE 8, 2023
MR. RA: WHAT IF THERE'S NOT COOPERATION FROM, YOU
KNOW, IN TERMS OF MAKING SURE THEY HAVE ACCESS TO ALL THE DATA THEY
NEEDED?
MS. SOLAGES: WELL, I THINK WE IN THIS BODY HAVE
PASSED MANY COMMISSIONS AND MANY TASK FORCE, YOU KNOW, THEY'VE
BEEN ABLE TO ACQUIRE INFORMATION. SO IF THAT'S A CHALLENGE MAYBE THAT'S
ANOTHER BILL IDEA.
MR. RA: OKAY. THERE YOU GO. WE HAVEN'T -- WELL, I
THINK WE'RE -- WE'RE ALWAYS REVISITING THINGS, RIGHT, AND WE DO LOTS OF
CHAPTER AMENDMENTS. SO --
MS. SOLAGES: (INAUDIBLE)
MR. RA: IF IT CAME TO IT I WOULD THINK -- AND THEN
JUST IN TERMS OF THE SUBCOMMITTEES. ANY -- ANY DIRECTIVE IN THIS
REGARDING THE MAKEUP OF THOSE?
MS. SOLAGES: SO, IT STATES THAT ANY SUBCOMMITTEE
OR MEMBER OF THE COMMISSION IS AUTHOR -- IS AUTHORIZED BY THE
COMMISSION TO TAKE ANY ACTION WHICH THE COMMISSION HAS SAYS [SIC]
THEY CAN.
MR. RA: WOULD -- WOULD THE SUBCOMMITTEE SOLELY
HAVE TO BE MEMBERS OF THE COMMISSION OR COULD THERE BE AN
OPPORTUNITY THAT -- YOU KNOW, I MEAN IT'S BEEN RAISED EARLIER ABOUT, YOU
KNOW, CERTAIN ENTITIES NOT HAVING APPOINTMENTS. IS -- IS THERE A
POTENTIAL THAT ON ONE OF THESE SUBCOMMITTEES THERE COULD BE A BROADER
SCOPE COMING IN OF OTHER INDIVIDUALS THAT AREN'T, YOU KNOW, ONE OF
THESE NINE MEMBERS?
77
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: THEY WOULD HAVE TO BE MEMBERS OF
THE COMMISSION.
MR. RA: OKAY, THEY WOULD HAVE TO BE A MEMBER OF
THE COMMISSION. AND -- SORRY. SORRY TO BE SKIPPING AROUND, BUT SO
THAT -- BUT BACK TO THE PREVIOUS POINT ON -- ON THE REPORT IN THE END AND
ACTUALLY THE RECOMMENDATIONS THAT ARE GOING TO COME OUT, SO WE DON'T
-- AM I CORRECT, THE BILL DOESN'T HAVE A DATE -- A CERTAIN DATE THAT IT HAS
TO BE OUT BY?
MS. SOLAGES: THE COMMISSION SHALL -- IT SHOULD
BE A YEAR WITHIN THE -- SINCE THE FIRST MEETING.
MR. RA: OKAY. AND THEN IT'S -- AND THEN IT -- THE
COMMISSION TERMINATES AFTER 90 DAYS OF -- OF THE -- THAT REPORT BEING
GIVEN?
MS. SOLAGES: MM-HMM.
MR. RA: OKAY.
MS. SOLAGES: IT SHALL EXPIRE AND DEEMED REPEALED
90 DAYS AFTER.
MR. RA: YES. EXPIRED AND REPEALED. ALL RIGHT.
HOLD ON ONE SECOND.
(PAUSE)
I THINK THAT IS ALL I HAVE IN TERMS OF QUESTIONS.
MR. SPEAKER, ON THE BILL.
(PAUSE)
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
78
NYS ASSEMBLY JUNE 8, 2023
MR. RA: SO, I THANK MY -- MY COLLEAGUE FOR -- FOR
ANSWERING MY QUESTIONS. OBVIOUSLY, THIS IS A VERY SERIOUS TOPIC. IT'S --
IT'S SOMETHING THAT IS OBVIOUSLY OR WAS A DISGRACEFUL PERIOD IN -- IN OUR
NATION'S HISTORY. I WILL, YOU KNOW, BE LOOKING FORWARD TO SEEING THIS
PROCESS PLAY OUT, WHAT RECOMMENDATIONS COME ABOUT, AND CERTAINLY
ANY RECOMMENDATIONS THAT COME BACK TO US AS LEGISLATORS TO -- TO THINK
ABOUT AND CONTEMPLATE AND -- AND IMPLEMENT. BUT I -- I -- I DO HOPE
THAT WE MAKE SURE THESE CONVERSATIONS ARE -- ARE WIDE-RANGING AND --
AND INCLUSIVE AND -- AND WE FIND WAYS TO NOT JUST DEAL WITH THE PAST BUT
ADDRESS REAL PROBLEMS THAT CONTINUE TO EXIST IN THIS STATE.
SO AGAIN, THANK YOU TO MY COLLEAGUE FOR -- FOR
ANSWERING THE QUESTIONS, BUT I -- I CERTAINLY SEE A LOT OF CONCERNS WITH
-- WITH HOW THIS ULTIMATELY PLAYS OUT. BUT LIKE I SAID, WE'LL -- WE'LL
MONITOR IT AND -- AND HOPEFULLY HAVE AN OPPORTUNITY A YEAR FROM NOW
OR SO TO LOOK AT WHAT THIS COMMISSION HAS COME UP WITH. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. CHANG.
MR. CHANG: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. SOLAGES, WILL YOU
YIELD?
MS. SOLAGES: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. SOLAGES YIELDS,
SIR.
MR. CHANG: WELL, THANK YOU VERY MUCH. THANK
79
NYS ASSEMBLY JUNE 8, 2023
YOU FOR THIS BILL. I THINK IT'S A VERY IMPORTANT BILL ITSELF. IT'S MEANINGFUL
AND IT HAS IMPACT FOR THE AFRICAN-AMERICAN WHO HAS BEEN ENSLAVED IN
THIS COUNTRY EVEN BEFORE THIS COUNTRY WAS BORN, SO MANY HUNDREDS OF
YEARS AND MANY GENERATIONS OF INJUSTICE AS WELL. AND WE NEED TO DO IT
RIGHT AND WE NEED TO GO FORWARD FOR THIS AND MAKE REPARATION AND --
AND SEE HOW WE CAN SOLVE THE CURRENT INJUSTICE IN THE
AFRICAN-AMERICAN [SIC]. BUT LOOKING AT -- AT THE BILL ITSELF, ON THE
COMMISSION ITSELF, A LIST OF VARIOUS EXPERTISE ARE THERE, AND YOU HAVE
ONLY NINE DESIGNATED COMMISSIONS. ARE THERE ENOUGH COMMISSIONS TO
REPRESENT ALL OF THOSE EXPERTISE --
MS. SOLAGES: I -- I FIRST --
MR. CHANG: -- TO BE (INAUDIBLE) OF THAT BOARD?
MS. SOLAGES: -- WANT TO THANK YOU FOR YOUR
ACKNOWLEDGEMENT. AND SECOND, YOU KNOW, PEOPLE ARE MULTI-FACETED.
AND JUST FROM THE EXPERIENCE OF WORKING ON THIS BILL I HAVE MET IN
MANY INDIVIDUALS WHO HAVE, YOU KNOW, KNOWLEDGE OF REPARATIONS BUT
ALSO HAS EXPERTISE IN VERY DIFFERENT OTHER FACENANCE [SIC] OF OTHER
INDUSTRIES. SO, YOU KNOW, I DO BELIEVE THAT WE COULD FIND INDIVIDUALS
THAT COULD SIT ON THIS COMMISSION THAT CAN, FOR, YOU KNOW, NORMAL
TERMS, WALK AND CHEW GUM.
MR. CHANG: BECAUSE I, YOU KNOW, I REPRESENT A
MINORITY CONFERENCE AS WELL AS A MINORITY ITSELF. YOU KNOW, I HAVE A
PERSONAL VESTED INTEREST TO SEE THIS THING THROUGH AS WELL, AND I HOPE
SOMEHOW BEHIND THE SCENE THAT WE CAN EXPAND THAT AS WELL TO INCLUDE
THE MINORITY CONFERENCES. BECAUSE IT'S TOO IMPORTANT NOT TO INCLUDE IT
80
NYS ASSEMBLY JUNE 8, 2023
AND IT'S SO BROAD AS -- AS WELL. BECAUSE EVEN FOR -- FOR ME AS -- AS AN
ASIAN OR AS CHINESE, YOU KNOW, WE CAME -- CHINESE HAVE MIGRATED TO
CERTAIN CARIBBEAN ISLANDS AND THEY WERE -- MAYBE A PERSON NOT BE
ENSLAVED BUT THEY WERE INDENTURED SERVANTS AS WELL. A LOT OF THEM
WERE BIRACIALLY MARRIED INTO THAT, SO THERE'S SOME INTEREST IN THERE.
AND IN OUR COURSE OF AMERICAN HISTORY AND -- AND TERRIBLE AT THAT, THAT
CERTAIN GROUPS LIKE THE ITALIANS AND THE CHINESE, WE'VE BEEN UNFAIRLY
TARGETED OVER THE COURSE OF HUNDREDS OF YEARS. AND WE ALSO HAVE OUR
OWN PREJUDICE AND OUR OWN VIEWS, BUT I HOPE THIS WILL GIVE US A
MOMENT AND THE TIME THAT WE CAN -- THAT WE CAN BRIDGE THOSE PREJUDICE
ITSELF AND -- AND LEVEL THE PLAYING FIELD OF OPPORTUNITIES. SO I HOPE,
MS. SOLAGES, YOU CAN BROADEN THE COMMISSION AS WELL TO MINORITY
CONFERENCE AS WELL BECAUSE THIS IS TOO IMPORTANT NOT TO INCLUDE THAT,
AND I HOPE THE WISDOM OF THIS ASSEMBLY WOULD THINK ABOUT THAT, TOO.
MS. SOLAGES: YOU KNOW, I DON'T WANT TO BE STUCK
IN THE CONFINES OF POLITICAL PERSUASION BECAUSE THIS IS NOT ABOUT
WHETHER WE ARE, YOU KNOW, LITTLE R OR LITTLE D OR WHATEVER. YOU KNOW,
THIS IS ABOUT CHATTEL SLAVERY, AND I -- I THINK FOR THE RECORD WE HAVE TO
PUT IN WHAT DOES CHATTEL SLAVERY MEAN. A CHATTEL SLAVE -- CHATTEL SLAVE
IS A -- AN ENSLAVED PERSON WHO IS PERMANENTLY OWNED AND WHOSE
CHILDREN AND CHILDREN WERE AUTOMATICALLY ENSLAVED. AND SO WHEN WE
ARE TALKING ABOUT CHATTEL SLAVERY, THIS IS VERY DIFFERENT FROM INDENTURED
SERVANT AND WHATNOT. SO I THINK WE NEED TO JUST BE COGNIZANT OF WHAT
WE ARE SPEAKING ABOUT. AND NO -- NO OFFENSE TO YOU, BUT WE'RE
SPEAKING ABOUT CHATTEL SLAVERY IN WHICH PEOPLE WHO WERE ENSLAVED,
81
NYS ASSEMBLY JUNE 8, 2023
THEIR CHILDREN WERE ALSO ENSLAVED AND THEIR CHILDREN WERE ALSO
ENSLAVED. AND MANY OF THE -- THE -- THE PERSON THAT YOU DESCRIBED
WERE -- WERE NOT UNDER THE CONSTITUTES OF CHATTEL SLAVERY.
MR. CHANG: WELL, THAT'S TRUE, AND YOUR -- YOUR
DEFINITION AND -- AND, UNFORTUNATELY, THAT EXISTS THROUGHOUT THE WORLD.
BUT I JUST HOPE THAT WE CAN EXPAND THAT AND -- AND APPRECIATE WHAT THIS
BILL THAT PRESENTED TO US BECAUSE IT HAS, YOU KNOW, FUTURE HUGE
FINANCIAL IMPLICATIONS AND OUR RESPONSIBILITY AS THE LEGISLATURE TO
MAKE SURE THAT -- THAT WE TAKING CARE OF -- OF THE AFRICAN-AMERICANS
HOW WE FINANCIALLY PREPARE FOR IT, HOW WE FINANCIALLY PAY FOR IT
BECAUSE THAT'S A HUGE RESPONSIBILITY IN THE FUTURE. HOW WOULD THIS
COMMISSION DECIDE THAT?
MS. SOLAGES: YOU KNOW, LOOKING JUST AT THE -- THE
SYSTEMATIC INEQUALITIES, YOU KNOW, ESPECIALLY WHEN IT COMES TO BLACK
NEW YORKERS, WHETHER IT'S GUN VIOLENCE, YOU KNOW, CLIMATE CHANGE,
EDUCATION, HOUSING DISCRIMINATION, IT SEEMS THAT BLACK NEW YORKERS
ARE AT A DISADVANTAGE AND THE STATISTICS PROVE SO. SO ALL WE'RE SAYING IS
JUST TAKING A LOOK, A CONVERSATION, A DIALOGUE, A STUDY, A RESEARCH TO SEE
HOW WE CAN MAKE AMENDS.
MR. CHANG: WELL, THANK YOU VERY MUCH. THAT'S
ALL I HAVE.
AND ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. CHANG: THIS BILL IS OF -- IS OF GREAT
IMPORTANCE FOR US TO -- TO MEET, ESPECIALLY FOR THE INJUSTICE WAS DONE
82
NYS ASSEMBLY JUNE 8, 2023
HUNDREDS OF YEARS AGO AND STILL THERE IS SOME RACIAL DISCRIMINATION IN
ALL SORTS IN ALL FASHION AND ALL COLORS, AND I HOPE THIS IS ONE WAY THAT
WE CAN MOVE FORWARD WITH THIS. AND I JUST HOPE THAT WE CAN EXPAND
ON THE -- THE COMMISSION. IF WE CAN'T I HOPE THE -- THE COMMISSIONS
THAT SIT ON THOSE HAVE WISDOM AND IN-DEPTH EXPERIENCE AND FAIRNESS TO
-- TO APPLY.
THANK YOU VERY MUCH, MR. SPEAKER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. LUCAS.
MS. LUCAS: THANK YOU, MR. SPEAKER. AMERICAN
FREEDMEN, THOSE PERSONS WHO HAVE AT LEAST ONE ANCESTOR THAT WAS
ENSLAVED IN THE UNITED STATES OF AMERICA WHO WAS EMANCIPATED IN
1863 BY WAY OF THE EMANCIPATION PROCLAMATION OR 1865 BY THE 13TH
AMENDMENT TO THE CONSTITUTION, AND HAVING DESPOILED THEIR RIGHTS AS
CITIZENS DUE TO THE BADGES, INCIDENTS AND VESTIGES OF SLAVERY. IT IS
CRUCIAL TO INCLUDE THE STUDY OF LINEAGE-BASED REPARATIONS AS THE
DETERMINING FACTOR FOR ELIGIBILITY WITHIN THE COMMUNITY. IT IS
IMPORTANT TO NOTE THAT THE CURRENT VERSION OF THE BILL DOES NOT ALIGN
WITH THE PRINCIPLES OF REPARATIONS AND RAISES CONSTITUTIONAL CONCERNS
UNDER SECTIONS OF THE CIVIL RIGHTS ACT OF 1964. FURTHERMORE, THE LACK
OF SUPPORT FROM PROMINENT GRASSROOTS REPARATIONS ORGANIZATIONS IN
NEW YORK AS WELL AS THE ABSENCE OF PUBLIC SUPPORT IS EVIDENT AND WILL
FURTHER DIVIDE THE COMMUNITY. ADDITIONALLY, THIS BILL DOES NOT PROPERLY
ADDRESS THE INTENDED RECIPIENTS OF THE BILL WHICH IS THE COMMUNITY OF
ELIGIBILITY, SPECIFICALLY THE AMERICAN FREEDMEN DESCENDANTS OF
83
NYS ASSEMBLY JUNE 8, 2023
PERSONS ENSLAVED IN AMERICA. THE BILL FAILS TO RECOGNIZE THE UNIQUE
HISTORY AND SUFFERING OF THIS SPECIFIC GROUP WHO HAVE ENDURED SLAVERY,
RACIAL DISCRIMINATION AND VARIOUS FORMS OF OPPRESSION FOR OVER 400
YEARS IN THE UNITED STATES. THE FOUNDATION OF THE BILL, AS STATED IN
PARAGRAPH 1, IS FLAWED AND UNCONSTITUTIONAL. IT ACKNOWLEDGES THE
INJUSTICE OF SLAVERY AND DISCRIMINATION AGAINST PEOPLE OF AFRICAN
DESCENT, BUT DOES NOT ACCURATELY IDENTIFY THE TARGETED GROUP. THE
VAGUE AND INACCURATE IDENTIFICATION OF THE AFFECTED POPULATION IN THE
BILL LEADS TO THE INCLUSION OF INDIVIDUALS WHO DO NOT SHARE THE SAME
HISTORICAL EXPERIENCE OF SLAVERY AND ITS AFTERMATH. THE TOPIC OF
REPARATIONS IS A COMPLEX AND SENSITIVE ISSUE AIMING TO ADDRESS
HISTORICAL INJUSTICES AND PROVIDE REDRESS FOR THE DESCENDANTS OF THOSE
WHO SUFFERED. HOWEVER, IT IS CRUCIAL TO APPROACH THIS MATTER WITH
FAIRNESS AND A FOCUS ON RECTIFYING SPECIFIC HARMS ENDURED BY THE
AFFECTED COMMUNITIES. AS DISCUSSIONS CONTINUE, IT IS ESSENTIAL TO
ADVOCATE FOR LINEAGE-BASED REPARATIONS TO ENSURE JUSTICE AND EQUITY FOR
AMERICAN FREEDMEN WHO ARE DIRECT DESCENDANTS OF ENSLAVED
INDIVIDUALS IN THE UNITED STATES. REPARATIONS SHOULD BE TARGETED
TOWARDS THOSE WHO DIRECTLY EXPERIENCED HARM, AND THEIR DESCENDENTS,
DUE TO SLAVERY AND ITS ENDURING EFFECTS. AMERICAN FREEDMEN AS DEFEND
-- DESCENDANTS OF INDIVIDUALS WHO WERE ENSLAVED HAVE A UNIQUE, A
UNIQUE HISTORICAL CONNECTION TO THE INSTITUTION OF SLAVERY. THEY HAVE
INHERITED THE CONSEQUENCES OF CENTURIES OF OPPRESSION, DISCRIMINATION
AND ECONOMIC DISADVANTAGE. LINEAGE-BASED REPARATIONS ACKNOWLEDGE
THE SPECIFIC HARM AND AIMS TO ADDRESS IT IN A TARGETED AND JUST MANNER.
84
NYS ASSEMBLY JUNE 8, 2023
ONE OF THE CENTRAL TENETS OF OUR CONSTITUTION IS THE EQUAL PROTECTION
CLAUSE OF THE 14TH AMENDMENT WHICH ENSURES EQUAL TREATMENT UNDER
THE LAW. BY STUDYING LINEAGE-BASED REPARATIONS WE ALIGN WITH
CONSTITUTIONAL PRINCIPLES, OFFERING REDRESS TO THOSE WHO HAVE SUFFERED
FROM THE HISTORICAL INJUSTICES WITHOUT DISCRIMINATING, WITHOUT
DISCRIMINATING AGAINST OR EXCLUDING ANY RACIAL OR ETHNIC GROUP.
REPARATIONS SHOULD FOCUS ON PROVIDING MEANINGFUL AND IMPACTFUL
MEASURES THAT ADDRESS THE SYSTEMIC DISADVANTAGES FACED BY AMERICAN
FREEDMEN BY DIRECTING RESOURCES TOWARDS EDUCATION, HEALTHCARE,
ECONOMIC OPPORTUNITIES AND COMMUNITY DEVELOPMENT. LINEAGE-BASED
REPARATIONS CAN HELP BREAK THE CYCLE OF INTERGENERATIONAL POVERTY AND
PROVIDE A FOUNDATION FOR UPWARD MOBILITY. SUCH TARGETED ASSISTANCE
ACKNOWLEDGES, SUCH TARGETED ASSISTANCE ACKNOWLEDGES THE HISTORICAL
AND ONGOING STRUGGLES FACED BY THIS COMMUNITY AND SEEKS TO RECTIFY
THEM. WHILE IT IS ESSENTIAL TO RECOGNIZE THE SHARED EXPERIENCES OF
DIVERSE COMMUNITIES, WHILE IT IS ESSENTIAL TO RECOGNIZE THE SHARED
EXPERIENCES OF DIVERSE COMMUNITIES, A BROAD APPROACH COULD
INADVERTENTLY DIVERT RESOURCES AND ATTENTION AWAY FROM THOSE WHO HAVE
BORNE THE DIRECT CONSEQUENCES OF SLAVERY AND ITS AFTERMATH. WHILE IT IS
ESSENTIAL TO RECOGNIZE THE SHARED EXPERIENCES OF DIVERSE COMMUNITIES,
A BROAD APPROACH COULD INADVERTENTLY DIVERT RESOURCES AND ATTENTION
AWAY FROM THOSE WHO HAVE BORNE THE DIRECT CONSEQUENCES OF SLAVERY
AND ITS AFTERMATH. BY FOCUSING ON THE STUDY OF LINEAGE-BASED
REPARATIONS FOR AMERICAN FREEDMEN, WE ENSURE THAT THOSE WHO HAVE
SUFFERED THE MOST RECEIVE THE NECESSARY SUPPORT AND ACKNOWLEDGEMENT
85
NYS ASSEMBLY JUNE 8, 2023
THAT THEY DESERVE. RECEIVE THE NECESSARY SUPPORT AND
ACKNOWLEDGEMENT, AND ACKNOWLEDGEMENT, AND ACKNOWLEDGEMENT THAT
THEY DESERVE. IN THE PURSUIT OF JUSTICE AND EQUITY, IT IS CRUCIAL TO
ADVOCATE FOR THE STUDY OF LINEAGE-BASED REPARATIONS. ENSURING THAT THE
HARMS ENDURED BY AMERICAN FREEDMEN ARE SPECIFICALLY ADDRESSED,
SPECIFICALLY ADDRESSED BY UPHOLDING CONSTITUTIONAL PRINCIPLES,
PROVIDING EFFECTIVE REPARATIVE MEASURES AND PRESERVING THE INTEGRITY OF
THE REPARATIONS PROCESS, WE CAN LAY THE FOUNDATION FOR HEALING, UNITY
AND A MORE EQUITABLE SOCIETY.
LET US WORK TOGETHER TO RECTIFY HISTORICAL INJUSTICES
AND FORGE A FUTURE THAT EMBRACES JUSTICE, EQUALITY AND THE DIGNITY OF ALL
INDIVIDUALS. A RUSHED REPARATIONS BILL FOR THE SAKE OF SIGNING A BILL IS
DOING AN INJUSTICE TO EVERYONE WHO HAS SUFFERED DUE TO THE HUNDREDS OF
YEARS OF SLAVERY. A RUSHED REPARATIONS BILL FOR THE SAKE OF SIGNING A
BILL IS DOING AN INJUSTICE TO EVERYONE WHO HAS SUFFERED DUE TO THE
HUNDREDS OF YEARS OF SLAVERY. WE MUST GET THIS RIGHT. I AM STRONGLY
SUGGESTING THAT WE INCLUDE THE STUDY OF LINEAGE-BASED REPARATIONS TO
THIS BILL, WE TAKE SOME TIME TO REVIEW AND GET IT RIGHT. WE DO NOT
PARTICIPATE IN A PROCESS THAT CONTINUES TO IGNORE THE HISTORY, THE PAIN
AND THE SUFFRAGE OF ENSLAVED AMERICANS, AND ENSURE ITS INTEGRITY AND
EFFECTIVENESS. AND UNTIL THAT IS DONE, I CANNOT IN GOOD CONSCIENCE, I
CANNOT RUSH A BILL, I CANNOT DO AN INJUSTICE FOR THOSE AND ALLOW OTHERS
TO BEAR THE PAIN, TO BEAR THE CONSE -- THE -- THE -- THE -- THE -- THE FRUITS
OF THOSE WHO HAVE SUFFERED. DO I WANT EQUITY? ABSOLUTELY. DO I
RECOGNIZE THE PERSECUTION OF A PEOPLE WITHIN THE AMERICAS? YES, I DO.
86
NYS ASSEMBLY JUNE 8, 2023
BUT THAT'S NOT WHAT WE'RE TALKING ABOUT HERE. WE'RE TALKING ABOUT
REPARATIONS FOR AN ENSLAVED PEOPLE WHO WERE ROBBED, BEATEN, RAPED.
THEY DON'T HAVE A FLAG TO WAVE AND GO BACK TO ANOTHER COUNTRY. THEIR
HISTORY STOPS AT A CERTAIN POINT WHERE THEY CAN'T EVEN TRACE IT. AT SOME
POINT THEY DIDN'T EVEN HAVE RECORDS OF DEATH. THAT HAPPENED HERE IN
AMERICA. AND WE WANT TO DENY JUST A TARGETED FOCUS ON A STUDY THAT
POTENTIALLY REPAIRS THIS DAMAGE? SO IF I COME TO THIS COUNTRY AND I
CAME HERE FIVE YEARS AGO, YOU'RE STUDYING ME, TOO? ELON MUSK IS OF
AFRICAN DESCENT. ARE WE STUDYING HIM, TOO?
I AM IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. ARI BROWN.
MR. A. BROWN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. SOLAGES, WILL YOU
YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER AUBRY: MS. SOLAGES YIELDS,
SIR.
MR. A. BROWN: THANK YOU, MADAM SPONSOR. I'M
CERTAINLY NOT GOING TO BE AS ELOQUENT AS MY COLLEAGUE
ASSEMBLYWOMAN LUCAS, BUT ALONG THE SAME LINES, I JUST WANTED -- AS A
DAD OF SEVEN, I ALWAYS TRY TO GET TO THE HEART OF THE PROBLEM OR ELSE
WE'RE GOING NOWHERE. SO I WANT TO FOCUS ON SOME OF THE WORDING.
THE SLAVERY AND THE IMPACT OF THESE FORCES ON LIVING PEOPLE OF AFRICAN
DESCENT, WILL THE STUDY DEFINE AND ANALYZE WHO IS OF AFRICAN DESCENT?
87
NYS ASSEMBLY JUNE 8, 2023
HOW WILL WE KNOW WHO THAT IS?
MS. SOLAGES: SO, THAT'S WHY THE DUTIES OF THE
COMMISSION ARE LISTED HERE. AND, YOU KNOW, I JUST WANT TO SAY IT
EXAMINES THE INSTITUTION AS SLAVERY WHICH EXISTED, AND THE
COMMISSION'S EXAMINATION SHALL INCLUDE AND NOT BE LIMITED TO THE
CAPTURE AND PROCUREMENT OF AFRICANS, THE TRANSPORTATION OF AFRICANS,
THE SALE AND ACQUISITION AND THEN, YOU KNOW, ALL OF THIS IS LISTED. SO
WE LIST THEM. WE'RE NOT TRYING TO LIMIT THE COMMISSION. THE
COMMISSION HAS THE ABILITY TO ANALYZE CHATTEL SLAVERY, LINEAGE-BASED
REPARATIONS, HARM-BASED REPARATIONS. WE DON'T DEFINE, AND NOR SHOULD
WE DEFINE, WHAT THE COMMISSION SHOULD BE LOOKING AT.
MR. A. BROWN: THANK YOU. I ASK THAT, YOU KNOW,
THAT QUESTION ON MANY DIFFERENT LEVELS. YOU KNOW, WE LIVE AN ERA,
UNFORTUNATELY, OF IDENTITY POLITICS. WHEN MY MOM AND GRANDMOTHER
CAME FROM ITALY, EVERYBODY JUST SIMPLY WANTED TO BE AMERICAN. IF
YOU WERE IRISH, IF YOU WERE BLACK, DIFFERENT GENERATIONS, WE ALL JUST
WANTED TO BE AMERICAN AND SERVE. NOW EVERYBODY HAS TO BE
PIGEON-HOLED IN A CERTAIN AREA. BUT IN TRUTH, AT THE END OF THE DAY, HOW
WOULD ANYBODY BE ABLE TO DEFINE WHO IS OF AFRICAN-AMERICAN DESCENT?
AND FOR A MOMENT, IF I MAY, I DON'T KNOW IF EVERYBODY RECALLS, BUT LAST
YEAR SEVEN OR MAYBE FIVE OR SEVEN OF MY CHILDREN WERE HERE AND MY
GRANDCHILDREN AS WELL. MY CHILDREN ARE OF A BIG PERCENTAGE OF
AFRICAN-AMERICAN DESCENT THROUGH THEIR BEAUTIFUL AND AGELESS MOTHER,
PROBABLY MORE THAN A LOT OF PEOPLE IN THIS ROOM. WOULD MY
BLONDE-HAIRED, BLUE-EYED SON JAKE POSSIBLY GET REPARATIONS? HE
88
NYS ASSEMBLY JUNE 8, 2023
CERTAINLY IS OF AFRICAN-AMERICAN DESCENT. AND I DON'T MEAN THE WHITE
AFRICAN-AMERICAN DESCENT. HOW WOULD WE DEFINE THAT TODAY?
MS. SOLAGES: SO, THE COMMISSION WOULD BE
CHARGED WITH ANALYZING THAT, BUT JUST FOR THE SAKE OF THE ARGUMENT, YOU
KNOW, WITH CHATTEL SLAVERY THESE PEOPLE WERE -- IT WAS DE --
DEHUMANIZING, SO THESE PEOPLE WERE DEEMED PROPERTY. SO AS PROPERTY
THEY WERE QUANTIFIED ON SHEETS AND DOCUMENTATION. AND SO THERE'S
ACTUALLY RECORDS. I JUST MET AN INDIVIDUAL THE OTHER DAY WHO ACTUALLY
SHOWED ME HIS FAMILY SLAVE RECORDS. HE SHOWED WHERE HIS FAMILY WAS
CONSIDERED, YOU KNOW, PROPERTY AND THAT WAS QUANTIFIED; HOW MUCH
HIS FAMILY WAS, YOU KNOW, WHERE -- WHERE HE COME FROM, ALMOST AS IF
HE WAS SOME SORT OF CATTLE. AND SO THERE ARE POSSIBILITIES TO ANALYZE
YOUR LINEAGE AND, YOU KNOW, THE COMMISSION WILL FURTHER DEFINE THAT.
BUT JUST FOR THE SAKE OF THIS ARGUMENT AND FOR THIS DEBATE, THIS -- THIS
BILL-IN-CHIEF JUST CREATES A COMMISSION AND ORGANIZES INDIVIDUALS TO
TALK ABOUT THAT.
MR. A. BROWN: I JUST -- WE DON'T WANT THIS TO BE AN
ENDLESS CYCLE - AND I THANK YOU FOR THAT ANSWER - AN ENDLESS CYCLE OF
SOMETHING GOING NOWHERE, GETTING PEOPLE'S HOPES UP AND NEXT YEAR
WE'LL BE HERE EXPANDING THIS THING TO SOMETHING THAT MAY GO NOWHERE.
AND AGAIN, I SAY MY CHILDREN CAN TRACE THEIR HISTORY EXACTLY AS THE WAY
YOU DESCRIBED. MY -- TWO OF MY BLONDE-HAIRED, BLUE-EYED SONS CAN
TRACE IT EXACTLY AS YOU. I WONDER IN YOUR OPINION, WOULD THEY BE
ENTITLED TO REPARATIONS? THEY PROBABLY HAVE AS MUCH AFRICAN-
AMERICAN AS -- AS YOU DO.
89
NYS ASSEMBLY JUNE 8, 2023
MS. SOLAGES: I'LL -- I'LL REPEAT IT. THE COMMISSION
WILL BE CHARGED, EXCUSE ME, THE COMMISSION WILL BE CHARGED WITH
COMING UP WITH THE -- THE -- THE PARAMETERS AROUND WHO MAY QUALIFY
FOR LINEAGE-BASED REPARATIONS, AND THAT LINEAGE-BASED MEANS THAT YOU
CAN TRACE YOUR -- YOUR-- YOUR DESCENDENTS WHO WERE ENSLAVED.
MR. A. BROWN: I -- I RESPECT THAT TREMENDOUSLY.
PERHAPS WE SHOULD TAKE SOME SUGGESTIONS FROM MY COLLEAGUES WHO
HAD SUGGESTED THAT MAYBE THIS SHOULDN'T BE LIMITED ON WHO SHOULD BE
ON THE COMMISSION. MAYBE IT NEEDS -- WE TALK DIVERSITY. LET'S SEE
SOME DIVERSITY IN THIS SPECIFIC BILL. OF ALL THE BILLS, LET'S TRY TO GET SOME
DIVERSITY IN THE BILL. LET'S GET SOME MEMBERS OF THE MAJORITY. I
CERTAINLY, PROBABLY MORE THAN MOST -- HECK, MY MOTHER WAS IN A
BARBED-WIRED INTERNMENT CAMP RIGHT HERE IN OSWEGO, NEW YORK, FROM
OUR FORMER GOVERNOR FRANKLIN DELANO ROOSEVELT, THEN PRESIDENT
ROOSEVELT, RIGHT HERE AN HOUR AWAY.
MS. SOLAGES: I'M A STUDENT OF HISTORY AND I KNOW
-- I KNOW VERY WELL DURING THE NUREMBERG TRIALS IN WHICH THEY
DISCUSSED REPARATIONS FOR INDIVIDUALS.
MR. A. BROWN: SO I ASK, WOULD YOU BE INTERESTED,
WOULD YOU EVEN POSSIBLY SUGGEST AMENDING THE BILL TO INCLUDE A WIDER
POPULACE, SOME PEOPLE MAYBE FROM THE MAJORITY WHO MAY HAVE SOME
INPUT THAT COULD HELP BENEFIT THIS GREAT CAUSE?
MS. SOLAGES: YOU KNOW, I -- I BELIEVE THE -- THE
BILL-IN-CHIEF RIGHT HERE THAT WE ARE DEBATING IS A WORK PRODUCT OF ALL OF
US COLLEAGUES GETTING TOGETHER AND HAVING A DISCUSSION, PRIOR DEBATES.
90
NYS ASSEMBLY JUNE 8, 2023
AND SO, YOU KNOW, I BELIEVE AND I ENCOURAGE MY COLLEAGUES TO VOTE IN
THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION AND FOR IT TO GO TO THE
SENATE, PASS AND BE SIGNED BY THE GOVERNOR AND THEN WE CAN BEGIN THE
PROCESS OF HEALING AND MOVING FORWARD AND TALKING ABOUT HOW WE CAN
UPLIFT NEW YORKERS, ALL NEW YORKERS, ESPECIALLY BLACK NEW YORKERS.
MR. A. BROWN: THANK YOU, MADAM SPONSOR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. A. BROWN: IT'S -- IT'S JUST REALLY MORE -- MORE
MY PERSPECTIVE, MR. SPEAKER. YOU KNOW, I AM -- WE ALWAYS SEEM LIKE
WE'RE SO DIVIDED TODAY, AND BILLS LIKE THIS MAY HELP, THEY MAY NOT HELP.
BUT I'M REALLY PROUD TO SAY I STAND IN THIS ASSEMBLY CHAMBER WHERE
ONE OF MY FAVORITE COLLEAGUES SITS AS THE MAJORITY LEADER, WHERE YOU
SIT AS OUR SPEAK -- AS OUR SPEAKER PRO TEM, WE HAVE A SPEAKER OF
AFRICAN-AMERICAN DESCENT, THE MAJORITY LEADER ON THE OTHER SIDE. WE
REALLY HAVE COME A LONG WAY AND I'M PROUD OF THAT. AND IF WE COULD
JUST WORK TOGETHER, MAYBE THIS BILL COULD BE SOMETHING BETTER.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. ZINERMAN.
MS. ZINERMAN: GOOD AFTERNOON, MR. SPEAKER. I
STAND TODAY NOT ONLY TO SPEAK ON THIS -- TO SPEAK ON THIS BILL IN HONOR OF
MY ANCESTORS AND MY CHILDREN AND THOSE YET TO BE -- BE BORN. I STAND
BEFORE YOU TO EMPHASIZE THE IMPORTANCE OF PASSING THE NEW YORK
STATE COMMISSION -- COMMUNITY COMMISSION ON REPARATIONS
91
NYS ASSEMBLY JUNE 8, 2023
REMEDIES BILL IN OUR ESTEEMED STATE ASSEMBLY. THIS LEGISLATION HOLDS
IMMENSE SIGNIFICANCE AND IT ADDRESSES A CRUCIAL ASPECT OF OUR HISTORY
THAT HAS SHAPED OUR GREAT STATE. I WILL SAY TO YOU TODAY THAT AS
LISTENING TO THE PREVIOUS SPEAKERS, IT IS VERY IMPORTANT THAT WE LOOK AT
ANOTHER BILL THAT I SPONSORED THIS YEAR, 1939, THE AMISTAD ACT, BECAUSE
APPARENTLY WE ALL NEED TO UNDERSTAND OUR HISTORY, AND ESPECIALLY BLACK
HISTORY. NEW YORK'S STATUS AS AN ECONOMIC AND CULTURAL HUB HAS BEEN
BUILT UPON THE CONTRIBUTIONS, THE BACKS, THE BLOOD, SWEAT AND TEARS OF
ENSLAVED AFRICANS. NOT THOSE WHO CHOSE TO COME HERE, BUT THOSE WHO
WERE IN ON THEIR CONTINENT AND THEIR COUNTRY, MINDING THEIR BUSINESS
WHEN THEY WERE ENSLAVED, CHAINED AND BROUGHT TO THIS COUNTRY.
SLAVERY WAS NOT CONFINED TO THE SOUTH. NEW YORK CITY ONCE HAD MORE
ENSLAVED AFRICANS THAN ANY OTHER CITY EXCEPT FOR CHARLESTON. WE WERE
THEN AND WE REMAIN NOW AN INTEGRAL PART OF THE POPULATION, THE RE --
THE SETTLING, THE BUILDING OF EVERYTHING THAT YOU ALL ENJOY TODAY. THIS
BILL IS A NECESSARY STEP TOWARDS RECTIFYING THE INJUSTICES SUFFERED BY
ENSLAVED AFRICANS. IT SEEKS TO EXAMINE THE INSTITUTION OF SLAVERY IN
NEW YORK, IT'S EFFECT ON PRESENT-DAY SOCIETY AND THE ROLE THE FEDERAL,
STATE AND LOCAL GOVERNMENT IN SUPPORTING ON OPPOSING IT. THE
COMMISSION ESTABLISHED BY THIS BILL WOULD CONDUCT A COMPREHENSIVE
INQUIRY SOLICITING PUBLIC INPUT AND HOLDING HEARINGS TO SHED LIGHT ON
OUR HISTORY. THE COMMISSION -- THE COMMISSION'S FINDINGS WILL GUIDE
US IN RECOMMENDING APPROPRIATE REMEDIES AND REPARATIONS.
COMPENSATION BE -- MAY BE ONE SUCH REMEDY, BUT THE COMMISSION WILL
DETERMINE THE SPECIFICS, INCLUDING ELIGIBILITY. EDUCATION OF THE PUBLIC
92
NYS ASSEMBLY JUNE 8, 2023
ABOUT THE COMMISSION'S FINDINGS IS CRUCIAL FOSTERING AWARENESS AND
UNDERSTANDING OF OUR SHARED PAST AND OUR ANCESTORS' ROLES IN IT. PASSING
THIS BILL IS NOT JUST ABOUT ACKNOWLEDGING THE PAST, IT IS ABOUT SHAPING A
MORE EQUITABLE FUTURE. BY ADDRESSING THE LINGERING NEGATIVE EFFECTS OF
SLAVERY AND DISCRIMINATION, WE CAN STRIVE FOR TRUE JUSTICE AND EQUALITY.
WE MUST REMEMBER THAT PROGRESS DOES NOT COME WITHOUT
ACKNOWLEDGING AND HEALING THE WOUNDS OF THE PAST. I IMPLORE EACH
AND EVERY ONE OF YOU AS MEMBERS OF THE STATE ASSEMBLY TO SUPPORT THE
PASSAGE OF THIS BILL. LET US DEMONSTRATE OUR COMMITMENT TO A MORE
INCLUSIVE AND JUST SOCIETY BY ESTABLISHING THE NEW YORK STATE
COMMUNITY COMMISSION ON REPARATIONS REMEDY [SIC]. TOGETHER, WE
CAN CREATE A LEGACY OF RECONCILIATION AND PAVE A WAY TO A BRIGHTER
FUTURE FOR ALL NEW YORKERS.
I'M SERIOUS ABOUT THE HISTORY. SOME OF THE QUESTIONS
THAT WERE ASKED TODAY WERE SO OFFENSIVE I DIDN'T KNOW IF I WAS GOING TO
BE ABLE TO GET UP AND SPEAK. UNDERSTAND THE HISTORY. AND MAYBE I CAN
JUST GIVE YOU A LITTLE HISTORY LESSON RIGHT NOW. OR MAYBE -- NO, THIS
MIGHT BE AN ANALOGY. IF THOSE OF US WHO ARE OF AFRICAN DESCENT WOULD
STAND UP TODAY AND ENSLAVE EACH AND EVERY ONE OF YOU AND TAKE YOU,
LET'S JUST PICK GHANA RIGHT NOW, JUST PUT YOU ON A BOAT, FEED YOU GRUEL,
CHAIN YOU TO THE WALL, NOT ALLOW YOU TO GO TO THE BATHROOM, AND BRING
YOU TO GHANA AND THEN SET YOU ON THOSE SHORES AND TELL YOU THAT YOU
COULD NO LONGER SPEAK YOUR LANGUAGE, YOU COULD NO LONGER EXCHANGE
CULTURAL REFERENCES WITH ONE ANOTHER, THAT YOU COULD NO LONGER BE
CALLED BY YOUR NAME, THAT YOUR HISTORY IS ERASED, AND THEN PUT YOU TO
93
NYS ASSEMBLY JUNE 8, 2023
WORK TO BUILD A COUNTRY THAT WAS NOT YOUR SOVEREIGN LAND. AND THEN
LOOK AT YOU GENERATION AFTER GENERATION AFTER GENERATION AND SAY THAT
YOU WERE STUPID AND THAT YOU WERE IGNORANT AND THAT YOU WERE LAZY,
WHILE THEY BENEFITTED FROM THE TEAR FROM YOUR WHOLE BEING. WE ARE
ASKING FOR A COMMISSION TO STUDY THE REPAIR THAT IS NECESSARY. WE'RE
NOT SUING YOU AND TELLING YOU THAT YOU OWE US 400 YEARS OF WAGES AND
CALCULATING THAT AND SAYING, PAY UP TODAY. WE'RE SAYING ACKNOWLEDGE
WHAT HAS HAPPENED, AND LET A GROUP OF PEOPLE WHO ARE EXPERTS -- AND
I'M SORRY TO SAY, THE PEOPLE IN THIS ROOM AREN'T EXPERTS. WE'RE SAYING
LET THE EXPERTS DECIDE AND THEN WE WILL TAKE UNDER CONSIDERATION THEIR
RECOMMENDATIONS. THAT'S ALL WE'RE SAYING TODAY. WE COULD TAKE AN
ENTIRELY DIFFERENT PATH. BUT WE'RE NOT DOING THAT BECAUSE WE ARE
HUMANS. AND DESPITE THE BEGINNINGS, THOSE OF US WHO CHOSE TO STAY
HERE -- RANDALL ROBINSON AND SOME OTHER PEOPLE LEFT BECAUSE THEY ARE
SICK OF AMERICA, RIGHT? BUT THOSE OF US WHO CHOSE TO STAY HERE AND
CONTINUE TO BUILD THIS COUNTRY, CONTRIBUTE TO THIS COUNTRY, ARE JUST
SAYING IT IS TIME, IT IS TIME, IT IS -- IT'S TIME TO GET THIS STUDY DONE SO THAT
WE CAN DEAL WITH THE OTHER -- WE CALL THEM LINGERING EFFECTS, BUT LET'S
BE CLEAR. EVERY SINGLE DAY PEOPLE ARE BREAKING THE LAW AGAINST
AFRICAN-AMERICANS BECAUSE OF OUR SKIN COLOR. WHETHER IT IS IN
EDUCATION, WHETHER IT IS IF YOU TRY TO GO TO A HOSPITAL AND BIRTH YOUR
CHILD, WHETHER IT IS THAT YOU'RE TRYING TO BUY A HOUSE, RENT A HOUSE OR AS
A TENANT, RENT A PLACE. THIS IS SOMETHING THAT WE MUST DO. THIS IS THE
MOST EQUITABLE WAY TO DO IT. AND EXPANDING A COMMISSION TO HAVE
PEOPLE ON IT WHO DON'T HAVE THE BASIC KNOWLEDGE OF WHAT WE'VE GONE
94
NYS ASSEMBLY JUNE 8, 2023
THROUGH AND WHAT WE CONTINUE TO GO THROUGH IS NOT WHAT WE'RE HERE TO
DECIDE TODAY. TODAY WE'RE JUST SAYING WE HAVE NINE EXPERTS THAT CAN
COME TO THE TABLE AND DELIVER TO THIS BODY, DELIVER TO THIS BODY,
RECOMMENDATIONS ON HOW WE DEAL WITH THIS SCOURGE ON AMERICAN
HISTORY.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. GIBBS.
MR. GIBBS: THANK YOU, MR. SPEAKER. I RISE TODAY
IN DISGUST. BUT FIRST LET ME SAY I WHOLEHEARTEDLY SUPPORT MY CHAIR, THE
SPONSOR OF THIS BILL AND THIS BILL, AND I WILL BE VOTING IN THE AFFIRMATIVE.
I HEARD A COLLEAGUE QUESTION MY CHAIR AND ASKED SIMPLY IF MY
BLUE-EYED CHILDREN WOULD BE ENTITLED TO REPARATIONS BECAUSE WE HAVE
SOME SORT OF SIMILARITIES. AND I SAT HERE AND I THOUGHT, I WONDER IF THIS
MEMBER'S BLUE-EYED CHILDREN WOULD GET AFRAID WHEN THEY'RE PULLED
OVER BY THE POLICE, IF THEY'RE EVER PULLED OVER BY THE POLICE. I WONDER
IF THE BLUE-EYED CHILDREN COULD GET A JOB BECAUSE OF THE COLOR OF THEIR
SKIN OR COULD GET AN APARTMENT OR HOUSING OR... IT'S -- IT'S -- IT'S A ROUGH
CONVERSATION TO HAVE, BUT IT SEEMS LIKE EVERY TIME WE HAVE A
CONVERSATION ABOUT BETTERMENT OF AFRICAN-AMERICANS OR ADVANCEMENT
OF PEOPLE OF COLOR, THERE'S ALWAYS SOME SIDE RESERVATIONS. I EVEN HEARD
SOME PEOPLE SAY, OH, SOME OF MY BEST FRIENDS ARE BLACK. HOW
CONVENIENT. THIS IS A SERIOUS TOPIC. I ASKED A MEMBER IN THE LOUNGE
ABOUT 30 MINUTES AGO, HOW WOULD YOU FEEL IF THE ROLES WERE SIMPLY
REVERSED? YEAH, LET'S THINK ABOUT THAT FOR A MINUTE. IF AFRICAN-
AMERICANS WERE THE ONES ENSLAVING OTHER FOLKS. WHAT WOULD THAT
95
NYS ASSEMBLY JUNE 8, 2023
CONVERSATION BE LIKE? WE SIT UP HERE AND WE VOTE ON LEGISLATION THAT
WE NOT REALLY FAMILIAR WITH. AND I CAN SEGUE INTO THE PRISON LEGISLATION
THAT MANY OF YOU PROFESSIONAL MEMBERS LEGISLATE ON. I SEE THE BILLS
THAT YOU PUT OUT HERE AND I SIT HERE QUIETLY AND I SAY, HUH, THEY DON'T
KNOW. SO HERE WE ARE NOW ON THE REPARATIONS AND WE HAVING THESE
CONVERSATIONS AND, YOU KNOW, AND PEOPLE ARE FEELING A LITTLE BIT
UNCOMFORTABLE. I WAS IN THE LOUNGE WITH ANOTHER MEMBER WHO WE SAT
OUT HERE, WE DEBATED TWO, THREE HOURS TO SAVE THE LIVES OF ANIMALS, BUT
YET YOU CAN'T SIT OUT HERE FIVE MINUTES AND LISTEN TO REPARATIONS. YOU'D
RATHER SIT IN THE LOUNGE AND LOOK AT THE TV AND TALK ABOUT TRUMP. IT'S
UNFAIR. IT'S NEVER GOING TO BE FAIR, FIRST OF ALL. IT'S NEVER GOING TO BE
FAIR. BUT, YOU KNOW, IF YOU PUT YOURSELVES IN OUR SHOES AND ASK
YOURSELVES, WOULD YOU MAYBE DO IT? WOULD YOU ALL BE ABLE TO GO
THROUGH IT? IT'S TOUGH TIMES IN AMERICA, BUT WE ALL HUMAN. WE ALL
HUMAN. I DON'T SEE WHITE OVER THERE. I DON'T SEE BLACK OVER HERE. IN
FACT, I'M OVER THERE MORE THAN I'M OVER HERE. I SEE PEOPLE. I DON'T SEE
POLITICIANS, I DON'T SEE COLOR. BUT I KNOW WE HAVE A POCKET OF FOLK
WHO SUFFERED, MURDERED, RAPED OVER AND OVER AGAIN, CASTRATED, HUNG,
JUST BECAUSE OF THE COLOR OF THEIR SKIN. EMMETT TILL WAS KILLED BECAUSE
OF AN ACCUSATION HE SAID SOMETHING TO A WHITE WOMAN. CAN YOUR
BLUE-EYED CHILD COME AND SAY SOMETHING TO A BLACK WOMAN AND GET
HUNG? NO. NO. IT'S TIME TO MAKE COMMON SENSE COMMON AGAIN,
GUYS. DAMN COLOR, DAMN PRINCIPLES AND DAMN THIS VOTING BACK AND
FORTH, FIGHTING OVER WHO SHOULD -- WHAT BILL SHOULD GO WHAT -- LISTEN,
THE BOTTOM LINE IS WE ALL ARE HUMAN. I TREAT YOU ALL LIKE HUMAN, I
96
NYS ASSEMBLY JUNE 8, 2023
SMILE, I DANCE AND JOKE WITH YOU GUYS. YOU KNOW WHY? BECAUSE WE
ALL HUMAN. IF YOU BLEED, I BLEED, WE ALL BLEED RED. DIFFERENT
PRINCIPLES, DIFFERENT IDEAS, I GET IT. THAT'S WHY I'M NOT A POLITICIAN, I'M
A PEOPLETICIAN. I LOVE PEOPLE. AND IF WE COULD JUST DO THAT, PUT TEN
PERCENT IN THAT BELIEF IN YOUR, I THINK WE ARE ON OUR WAY. BUT TO SIT
HERE AT A TIME AND SAY, HEY, SOME OF MY BLACK FRIENDS OR NEIGHBORS OR
THIS AND THAT AND THE THIRD, WE'RE NOT LOOKING FOR SYMPATHY, WE'RE JUST
LOOKING FOR SIMPLE LEGISLATION THAT SAYS, HEY, LET'S BUILD THIS
COMMISSION. LET'S START A CONVERSATION WITH PROFESSIONALS, NOT
LEGISLATORS. I CAN'T TELL YOU WHAT HAPPENED IN THE 1800S, I WASN'T THERE,
I DIDN'T STUDY IT. SO THIS -- THE PARTICULAR LEGISLATION SAYS, HEY, WE WANT
TO BRING A COMMISSION AND LET'S STUDY WHAT SLAVERY HAS DONE TO US.
AND I'M GOING TO END ON A STORY WHY IT'S IMPORTANT TO
HAVE THIS COMMISSION AND OTHER BILLS RELATED TO REPARATIONS. I HAD A
MUSLIM FRIEND IN HARLEM, AND MY BROTHER, HE HAD A BAD DISPOSITION
ABOUT WOMEN. AND HIS IMAM CAME TO THE APARTMENT ONE DAY AND HE
ASKED MY BROTHER, WHAT HAPPENS IF YOU PUT A BLACK MAN -- EXCUSE ME
-- WHAT HAPPENS IF YOU PUT A BLACK MAN IN THE ROOM WITH ANOTHER
BLACK WOMAN? WHAT HAPPENS WHEN YOU DO THIS FOR 300 YEARS? YOU
PRODUCE AN IRRESPONSIBLE MAN WHO'S ONLY THOUGHT OF A WOMAN AS
PLEASURE AND WHEN HE'S DONE WITH THAT PLEASURE HE'S DONE WITH THAT
WOMAN. AND YOU WALK OFF THE PLANTATION AND LET MASTER TAKE CARE OF
HER. WE STILL LIVE IN THAT ENSLAVED MENTALITY TODAY. BLACK MEN
WALKING OFF, LEAVING THE FAMILY AND LETTING THE STATE AND WELFARE TAKE
CARE OF HER. SEE, THIS IS THE PART OF THE COMMISSION THAT WE HAVE TO
97
NYS ASSEMBLY JUNE 8, 2023
STUDY. IT'S SLAVE MENTALITY. THERE'S OTHER THINGS THAT ARE GOING ON THAT
AFFECT US DIRECTLY THIS DAY. I DON'T EXPECT YOU GUYS TO UNDERSTAND
OVERNIGHT. I DON'T EXPECT YOU GUYS TO SYMPATHIZE WITH US. BUT WHAT I
AM ASKING IS THAT YOU GUYS JUST PUT YOURSELVES IN OUR SHOES AND ASK
YOURSELVES WHAT WOULD Y'ALL DO.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. DARLING -- THANK
YOU.
MS. DARLING.
MS. DARLING: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO THANK THE SPONSOR AND ALL INVOLVED, INCLUDING MYSELF, FOR THE
INTRODUCTION OF THIS BILL. OVER 400 YEARS AGO AFRICANS WERE SOLD AND
KIDNAPPED FROM THE SHORES OF AFRICA FOR THE SOLE PURPOSE OF
ENSLAVEMENT. MANY WERE BROUGHT TO THE VERY LAND WE CURRENTLY STAND
ON, TO BUILD A NEW WORLD. A NEW WORLD THAT BECAME A SUPERPOWER, A
SUPERPOWER THAT WAS CALLED AMERICA. THESE BEAUTIFUL PEOPLE BUILT
MUCH OF THIS COUNTRY'S WEALTH WHILE THEY RECEIVED NOTHING. ONLY
BLACK PEOPLE IN AMERICA HAVE HAD TO FIGHT TO BE CONSIDERED HUMAN
BEINGS, THEN BLACK PEOPLE HAD TO FIGHT TO COME FREE, THEN BLACK PEOPLE
HAD TO FIGHT TO BECOME CITIZENS, AND BLACK PEOPLE ARE STILL TO THIS DAY
FIGHTING TO HAVE SOME SEMBLANCE OF EQUAL RIGHTS. THIS HISTORY, ALONG
WITH FEDERAL, STATE AND LOCAL POLICY DECISIONS HELPED CREATE PRESENT-
DAY ECONOMIC, EDUCATION, HOUSING AND EMPLOYMENT AND HEALTH
INEQUITIES IN THE BLACK COMMUNITY. THIS IS WHY WE NEED TO PASS THIS
BILL TODAY TO FORM A COMMUNITY COMMISSION ON REPARATIONS [SIC] IN
98
NYS ASSEMBLY JUNE 8, 2023
THE STATE OF NEW YORK. THIS BILL RELATES TO ACKNOWLEDGING THE
FUNDAMENTAL INJUSTICE, CRUELTY, BRUTALITY AND INHUMANITY OF SLAVERY IN
THE STATE OF NEW YORK. IT ESTABLISHES THE NEW YORK STATE COMMUNITY
COMMISSION ON REPARATION REMEDIES TO EXAMINE THE INSTITUTION OF
SLAVERY, SUBSEQUENTLY THE RACIAL AND ECONOMIC DISCRIMINATION AGAINST
AMERICANS OF AFRICAN DESCENT, THE IMPACT OF THESE FORCES ON LIVING
AMERICANS OF AFRICAN DESCENT, AND TO MAKE RECOMMENDATIONS ON
APPROPRIATE REMEDIES. THIS BILL IS INCREDIBLY OVERDUE, AND IT IS MY
GREAT PRAYER THAT IT BECOMES LAW THIS YEAR.
AS AN AMERICAN DESCENDANT OF ENSLAVED PEOPLE, I
KNOW WE DESERVE JUSTICE AND COMPENSATION FOR THE CRIME OF SLAVERY.
ONLY WHEN THIS HAPPENS WILL WE BE BETTER ABLE TO CLOSE THE INCREDIBLE
WEALTH GAP HERE IN AMERICA. THE PASSAGE OF THIS BILL STARTS THE PROCESS
THAT WILL EVENTUALLY ALLOW US TO ANSWER, ANSWER THE HARD QUESTIONS AND
DETERMINE SOLUTIONS IN AN ATTEMPT TO REMEDY THE DAMAGE AND THE HARM
THAT BLACK PEOPLE LIVE WITH EVERY DAY IN THE STATE OF NEW YORK. UNTIL
WE FULLY ACKNOWLEDGE AND PAY FOR THE TRAVESTY OF THE ENSLAVEMENT OF
BLACK PEOPLE AND ITS AFTERMATH, THEN NOTHING ELSE WE DO IN THIS COUNTRY
OR THIS STATE WILL BE EFFECTIVE.
I ABSOLUTELY AND ASSERTIVELY WILL BE VOTING IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. FIRST OF ALL, I WANT TO HONOR THE SPONSOR AND ALL OF THOSE
99
NYS ASSEMBLY JUNE 8, 2023
MEMBERS OF THE CAUCUS THAT WORKED ON THIS LEGISLATION TO PUT IT
TOGETHER. I WANT TO HONOR THE PREVIOUS SPONSOR WHO'S NO LONGER
SERVING US IN THIS CHAMBER AS WELL. BUT I WANT TO, YOU KNOW, JUST
REMIND PEOPLE BECAUSE I KNOW I'VE SAID THIS BEFORE THAT I'M LITERALLY,
LITERALLY FOUR GENERATIONS AWAY FROM AN ENSLAVED WOMAN WHO CAME
HERE UNDER THE BOTTOM OF A SHIP. SHE HAD NO IDEA WHERE SHE WAS
COMING [SIC]. SHE WAS RAPED, ABUSED. IF SHE HAD CHILDREN WITH HER AT
THE TIME, THEY WERE TAKEN. IF SHE HAD A MAN WITH HER AT THE TIME, THEY
WERE SEPARATED. AND I KNOW WHERE SHE CAME FROM BECAUSE I HAVE
SINCE -- MY FAMILY HAS SINCE DONE THE RESEARCH. SHE CAME FROM THE
WEST COAST OF AFRICA. NOBODY ASKED HER TO COME HERE, THEY STOLED
HER, LITERALLY STOLED HER AND BROUGHT HER HERE. AND THEN ONCE THEY GOT
HER HERE THEY CONTINUED TO ABUSE HER, ALL OF HER CHILDREN AND ANYONE
SHE EVER HAD A RELATIONSHIP WITH. WHILE WE WERE STILL ENSLAVED PEOPLE,
THEY DENIED THEM AN OPPORTUNITY TO READ. YOU CAN'T READ. DON'T LET
THEM SEE A BOOK. WE WOULDN'T EVEN LET THEM SEE A BIBLE. FOR GOD
SAKES, WE WOULDN'T EVEN LET THEM SEE A BIBLE. CLEARLY, I'VE READ THE
HISTORY, YOU ALL HAVE READ THE HISTORY AS WELL, WE KNOW THAT FORMER
PRESIDENT LINCOLN, HE MADE A VALIANT EFFORT TO TRY AND WIN THE CIVIL
WAR AGAINST SLAVERY. HE ACTUALLY EVEN TALKED TO PEOPLE WHO WERE
ENSLAVED, ENCOURAGED THEM TO BECOME A PART OF THE CIVIL WAR TO FIGHT
ON THE SIDE OF THE CONFEDERATES, EVEN THOUGH SOME ENSLAVED PEOPLE
WERE ALREADY FIGHTING ON THE SIDE OF THE CONFEDERACY. UNWILLINGLY,
BUT THAT'S WHAT THEY WERE DOING. AND HE TOLD THEM, IF YOU DO THIS AND
WE WIN THE WAR, YOU WILL GET 20 ACRES AND A MULE. THAT'S WHAT HE SAID
100
NYS ASSEMBLY JUNE 8, 2023
TO THE PEOPLE WHO WENT TO WAR AS -- ON THE NORTH SIDE. THAT NEVER
HAPPENED. IT NEVER HAPPENED, BECAUSE THE LAND THAT HE INTENDED TO
USE, LAND THAT WAS HELD BY THE CONFEDERACY THAT WAS TAKEN FROM THEM
BECAUSE THEY WERE FIGHTING AGAINST AMERICA, AFTER THE WAR WAS OVER
THEY JUST RECOUPED IT. THEY SAID THE LAND WAS NO LONGER AVAILABLE FOR
THAT 20 ACRES AND A MULE. AND I WANT TO SAY THAT THE WAY HISTORY
DEFINES IT IT WAS MOSTLY IN GEORGIA AND IN FLORIDA. WELL, WE'RE IN NEW
YORK, BUT THE SAME ATTITUDE THAT WE'RE ONLY HERE TO BE ENSLAVED
WORKERS HAS PERMEATED ITSELF THROUGH SOCIETY YEAR AFTER YEAR AFTER YEAR.
EVEN WHEN WE GET -- GET WAY PAST SLAVERY, WAY PAST CIVIL RIGHTS, WE
COME UP WITH A WELFARE SYSTEM, PEOPLE MOVED FROM THE SOUTH WHERE
THEY WERE FARMERS AND SHARECROPPERS. THEY MOVED TO THE NORTH,
MAYBE THE HUSBAND FINDS A JOB, MAYBE HE DOESN'T. SO MAYBE THEY
NEED SOMETHING TO EAT. SO THEY GO AND ASK THE SERVICES THAT PROVIDE
SERVICES TO RURAL PEOPLE WHO LIVE IN A RURAL COMMUNITY WITH NO
PROBLEM. THEY SAID, OH, YEAH, YOU CAN GET THIS BUT YOU CAN'T HAVE A
MAN LIVING IN YOUR HOUSE. SO NOW YOU WANT TO WONDER WHY THERE ARE
SO MANY FAMILIES, AND PARTICULARLY IN THE BLACK COMMUNITY, THAT
THEY'RE NOT TWO-FAMILY HOUSEHOLDS. BECAUSE THIS AMERICAN SOCIETY HAS
SUGGESTED THAT THERE NEVER SHOULD BE. YOU SEPARATE THEM FROM THE
TIME THEY GOT ON THE SHIP TO THE TIME THEY GOT OFF, TO THE TIME THEY
CAME FOR AN OPPORTUNITY TO ASK FOR A FOOD STAMP, YOU SAY YOU CAN'T LIVE
WITH A MAN. NOW WE WANT TO FIGURE OUT HOW YOU PUT FAMILY VALUES
BACK IN, AND YOU STILL KEEP TAKING AWAY, NEEDLING AWAY, FINDING WAYS
TO ARREST PEOPLE, FIND WAYS TO INCARCERATE PEOPLE. FINDING A WAY TO
101
NYS ASSEMBLY JUNE 8, 2023
DIMINISH A YOUNG KINDERGARTENER, FIRST GRADER, SECOND GRADER, TO THINK
THAT, YOU ARE NOT ABLE TO LEARN AT THE SAME LEVEL AS MY CHILDREN ARE SO
I'M NOT GOING TO TEACH YOU AT THAT LEVEL. THERE'S SOME PUBLIC SCHOOLS
THAT DON'T EVEN OFFER ADVANCED PLACEMENT CLASSES WHERE MOSTLY YOUR
BLACK STUDENTS ARE. THAT'S NOT BECAUSE THEY NOT CAPABLE, THAT'S BECAUSE
YOU'RE DETERMINED THAT THEY NOT CAPABLE. AND YOU DETERMINED THAT
FROM YOUR HISTORY, IT'S NOT MINE. AND I'M NOT WILLING TO KEEP TOLERATING
IT. AND SO IF WE WANT TO PUT TOGETHER A COMMISSION THAT SIMPLY LOOKS
AT WHAT HAPPENED, NOT WHY IT HAPPENED BECAUSE YOU CAN'T -- THERE'S NO
WAY YOU CAN ARTICULATE WHY SOMETHING LIKE THAT WOULD HAPPEN. YOU --
YOU CAN'T EVEN TRY TO EXPLAIN THAT TO YOURSELF OR YOUR CHILDREN OR MY
CHILDREN. I'M NOT GOING TO TRY TO EXPLAIN IT TO MINE, EITHER. BUT YOU
WANT TO KNOW IF THIS HAPPENED FOR ECONOMIC REASONS, ECONOMIC THINGS
HAVE HAPPENED AS A RESULT OF IT, WHERE IS THE BENEFIT FOR THE PEOPLE WHO
HELPED DO THAT? NOW, MY COLLEAGUE MENTIONED EARLIER AND I WAS REALLY
HAPPY THAT HE SAID THAT. HERE WE ARE, SOME 200 YEARS LATER WHEN THIS
STATE'S CONSTITUTION WAS WRITTEN, AND I'M SURE WHEN IT WAS WRITTEN THE
PEOPLE WHO WROTE IT, OUR FOUNDING FATHERS, THEY NEVER IMAGINED THAT
SPEAKER HEASTIE WOULD BE THE SPEAKER OF THIS CHAMBER. THEY NEVER
IMAGINED THAT I WOULD BE THE MAJORITY LEADER. THEY NEVER IMAGINED
THAT JEFF WOULD BE THE PRO TEM. THEY NEVER IMAGINED THAT, BUT IT
HAPPENED. BECAUSE IN SPITE OF THE WHAT -- HOW WE WERE TREATED AS A
PEOPLE IN THIS COUNTRY, SOME OF US HAVE LEARNED TO GET BY THAT. BUT YOU
KNOW WHAT? MANY OF US HAVE NOT. WE HAVE NOT, AND THEY STILL
STRUGGLE. SO IT WOULD BEHOOVE ALL OF US TO WANT TO HELP THEM FIGURE OUT
102
NYS ASSEMBLY JUNE 8, 2023
HOW DO YOU GET PAST ALL THIS HATE, SEPARATION AND DEGRADATION THAT YOU
HAVE EXPERIENCED. IT WEIGHS ON YOU SO HEAVY THAT YOU SOMEHOW THINK
YOU -- YOU'RE YOUR OWN ENEMY. AND SO YOU'RE SHOOTING YOUR BROTHERS
IN THE STREET ABOUT SOME TURF AREA THAT YOU DON'T EVEN OWN. BECAUSE
YOU DON'T UNDERSTAND. YOU DON'T UNDERSTAND YOUR HISTORY, YOU DON'T
KNOW -- UNDERSTAND HOW IT'S IMPACTED YOU. HERE WE WANT TO PUT
TOGETHER SOME TOP OF THE LINE PROFESSORS, EXPERTISE, HISTORIANS WHO WILL
HELP ARTICULATE, HERE ARE THE THINGS WE CAN DO TO SHIFT THIS NARRATIVE, TO
SHIFT THIS PARADIGM TO ONE OF A HISTORY WHERE BLACK PEOPLE WHO WERE
BROUGHT HERE FROM AFRICA HAVE BEEN NEGATIVELY IMPACTED. WHY DON'T
WE TRY THESE THINGS TO SEE IF WE CAN MAKE -- TURN THAT AROUND AND MAKE
SOMETHING POSITIVE OUT OF IT SO THAT THE CHILDREN WHO ARE COMING
BEHIND US WON'T HAVE TO EVER THINK THAT IT WAS EVEN NOT POSSIBLE THAT
THERE WOULD BE A BLACK SPEAKER, BUT TO ASSUME THAT THEY'RE ALWAYS WILL
BE? AS OPPOSED TO, AS SOME PEOPLE WOULD HAVE SAID, WHY WOULD YOU
BE DOING A BLACK MAJORITY LEADER, YOU ALREADY GOT A BLACK SPEAKER?
YOU GOT TO GET US OUT OF THAT LITTLE SQUARE BOX AND LET US JOIN THE REST OF
THE WORLD AND SHOW YOU WHAT WE HAVE TO OFFER. BUT THERE'S SO MANY
OPPORTUNITIES THAT KEEP BEING STIFLED BECAUSE WE DON'T WANT TO DO WHAT
IT TAKES TO FIGURE OUT HOW TO MAKE THE PROBLEM BETTER. I AM WILLING TO
TAKE THE TIME TO FIGURE OUT HOW TO MAKE THE PROBLEM BETTER, AND I
KNOW THAT MOST OF THE MEMBERS OF THIS HOUSE, BECAUSE I KNOW YOU,
OKAY, I KNOW YOU PERSONALLY, ON BOTH SIDES OF THE AISLE, I KNOW THAT
YOU WOULD LIKE TO SEE A BETTER WORLD, A BETTER NEW YORK FOR ALL OF US AS
WELL. DON'T PROHIBIT US WITH NEGATIVE CONVERSATION. DON'T PROHIBIT US
103
NYS ASSEMBLY JUNE 8, 2023
WITH NEGATIVE CONVERSATION. NEGATIVE CONVERSATION GROWS NEGATIVE
CONVERSATION. WE HEAR ENOUGH AT -- AT THE NATIONAL LEVEL, WE DON'T
NEED THAT HERE IN NEW YORK. LET'S MOVE FORWARD, BE THE GREAT STATE
THAT WE THINK WE ARE NOW. BUT LET'S SHOW THE REST OF THE WORLD HOW
GREAT WE ARE. LET'S DO A STUDY AND LET IT BENEFIT THE LIVES OF NEW
YORKERS AND THEN HAVE OTHER PEOPLE DUPLICATE IT. BECAUSE WE'VE DONE
SOME STUFF IN NEW YORK BEFORE THAT'S BEEN DUPLICATED IN OTHER PLACES.
LET'S DO THIS RIGHT. I'M HONORED TO HAVE THIS OPPORTUNITY, AND I HOPE
YOU ALL WILL JOIN ME. AND LET'S -- LET'S JUST BE MINDFUL. WE DON'T WANT
TO TAKE ANYTHING AWAY FROM ANY IMMIGRANT THAT EVER WALKED IN THIS
COUNTRY ON THEIR OWN FREE WILL. YOU ARE WELCOME HERE, OKAY? YOU'RE
WELCOME. AND IN FACT, IF WE HAD NOT PUT IN AS A PEOPLE WHAT WE DID,
YOU WOULDN'T EVEN WANT TO COME HERE. WE BUILT A COUNTRY THAT OTHER
PEOPLE DESIRE TO BE IN. AND IT'S IMPORTANT THAT YOU UNDERSTAND HOW
IMPORTANT YOU ARE TO US. BUT WE GOT TO BE IMPORTANT TO YOU, TOO. YOU
CANNOT KEEP LISTENING TO THE RACIAL INNUENDOS THAT YOU HEAR ON THE
NATIONAL NEWS, EITHER IN THE COUNTRY WHERE YOU CAME FROM OR THE
COUNTRY WHERE YOU'RE AT NOW AND BELIEVE THIS -- THAT THERE'S SOMETHING
WRONG WITH US. THERE'S NOT. IF THERE WAS SOMETHING WRONG WITH US WE
WOULDN'T HAVE BEEN STOLEN FROM OUR COUNTRY AND BUILT THE COUNTRY THAT
YOU ALL DESIRE TO BE IN NOW. BUT I'M JUST TELLING YOU THAT YOU'RE
WELCOME. I JUST NEED TO BE WELCOME, TOO. NOT JUST SOME OF THE TIME,
BUT ALL OF THE TIME.
I LOOK FORWARD TO VOTING FOR THIS.
(APPLAUSE)
104
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: MS. WALKER.
MS. WALKER: YOU KNOW -- THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. WALKER: I WAS -- I HAPPENED TO RUN ACROSS A
SCRIPTURE, IT SAYS, IF THY BROTHER, A HEBREW MAN OR A HEBREW WOMAN,
BE SOLD UNTO THEE AND SERVE THEE SIX YEARS, THEN IN THE SEVENTH YEAR,
THOU SHALL LET HIM LET GO FREE FROM THEE. AND WHEN THOU SENDEST HIM
FREE FROM THEE, THOU SHALL NOT LET HIM GO AWAY EMPTY. THOU SHALL
FURNISH HIM LIBERALLY OUT OF THY FLOCK AND OUT OF THY FLOOR AND OUT OF THY
WINE PRESS OF THAT WHEREWITH THE LORD, THY GOD, HAVE BLESSED THEE,
THOU SHALL GIVE UNTO HIM. AND SO IT SAYS TO ME THAT THIS IDEA OF
REPARATIONS ISN'T A NEW IDEA, IT ISN'T ONE THAT WAS CREATED BY THIS BODY,
IT ISN'T ONE THAT WAS BORN JUST RECENTLY, BUT IT IS SOMETHING THAT IS
INDOCTRINATED WITHIN THE HISTORY OF OUR VERY EXISTENCE. IT'S RIGHT, IT'S
RIGHTEOUS. WE HAVE LABOR LAWS BECAUSE OF THIS. IF I WORK FOR YOU, YOU
PAY ME. ALLOW ME TO INVEST THOSE RESOURCES INTO THE SOIL. ALLOW ME
TO INVEST THOSE RESOURCES INTO BUSINESSES. ALLOW ME TO DREAM ABOUT
GENERATIONAL WEALTH BUILDING FOR MY FUTURE, FOR MY LEGACY. ALLOW ME
TO CREATE A SYSTEM THAT IS NOT BARRED AND MARRED BY INSTITUTIONALIZED
AND LEGALIZED DISCRIMINATION. ALLOW ME TO HAVE ACCESS TO A WORLD THAT
IS FREE FROM STATE-SANCTIONED BRUTALITY. ALLOW ME TO SEE A WORLD WHERE
MURDER AND DISPOSSESSION AND DISFRANCHISEMENT AND GENTRIFICATION ISN'T
THE LEGACY THAT I LEAVE MY CHILDREN. WHY? BECAUSE YOU OWE ME,
BECAUSE YOU OWE ME.
105
NYS ASSEMBLY JUNE 8, 2023
GERMANY, FOR INSTANCE, WAS ABLE TO GIVE OVER
$70 BILLION TO JEWISH VICTIMS OF THE NAZI REGIME. IN 1988, HERE IN THIS
COUNTRY, PRESIDENT RONALD REAGAN APOLOGIZED, GO FIGURE, I'M SORRY, FOR
JAPANESE INTERNMENT, AND ESTABLISHED A $1.2 BILLION TRUST TO PAY
REPARATIONS, AND EACH INDIVIDUAL RECEIVED $20,000. BUT HE APOLOGIZED,
AND HE WASN'T ABOVE THAT BECAUSE WE RECOGNIZE THAT ATONEMENT AND
FORGIVENESS ARE IMPORTANT STEPS IN RIGHTING WRONGS THAT PEOPLE HAVE
CARRIED YEAR, AFTER YEAR, AFTER YEAR. DON'T CRIPPLE OUR ABILITIES TO GAIN
ACCESS TO HOUSING, EDUCATION, PUBLIC SAFETY AND HEALTH CARE. LET'S
CREATE A SYSTEM FOR OUR FAMILIES THAT GIVES US ACCESS TO THE SAME
CAPITAL THAT EACH AND EVERY AMERICAN ENJOYS. BUT YEAH, WE'RE TALKING
ABOUT SLAVERY, BUT ON MANY OCCASIONS I'VE STOOD BEHIND THIS DESK AND
I'VE SUBMITTED THAT SLAVERY IS STILL RIPE, IT IS STILL ALIVE, IT IS STILL IN
EXISTENCE BECAUSE WE KNOW THAT THE VERY FOUNDING DOCUMENT INDICATES
THAT SLAVERY WAS ABOLISHED, EXCEPT IN THE CASE OF CRIMINAL PUNISHMENT.
AND SO WHEN SOMEONE IS SUBJECTED TO A CRIME, IT GIVES YOU THE OKAY TO
TAKE AWAY THEIR FREEDOMS, IT GIVES YOU THE OKAY TO TAKE AWAY THEIR
CITIZENSHIP, IT GIVES YOU THE OKAY TO TAKE AWAY THEIR RIGHT TO VOTE, IT
GIVES YOU THE OKAY TO TAKE AWAY THEIR ACCESS TO PELL AND OTHER GRANTS IN
ORDER TO GO TO COLLEGE. IT GIVES YOU THE OKAY IN ORDER TO TAKE AWAY
THEIR ABILITY TO APPLY FOR HOUSING. IT GIVES YOU THE OKAY TO BE
DISCRIMINATORY AGAINST THEM WHEN THEY DO.
AND SO YES, AS A BLACK WOMAN I AM STANDING HERE
TODAY TO SAY YOU OWE ME. YOU DON'T JUST OWE ME, YOU OWE MY
GREAT-GREAT-GREAT-GRANDFATHER GUINEA CHARLES WHO CAME HERE AS A
106
NYS ASSEMBLY JUNE 8, 2023
SLAVE. YES, WE HAVE DOCUMENTATION OF THAT, WHERE HE WAS FROM. AND
YES, HE EVEN FOUGHT IN THE CIVIL WAR WHEN THE REGIME OF THE PERSON
AND THE FAMILY WHO OWNED HIM IN SLAVERY WAS IN MANASSAS AND HE WAS
IN THEIR REGIME WAS OVERTAKEN AND (INAUDIBLE) CHARLES WAS WALKING
GOODS, SUCH AS WATER AND FOOD AND CLOTHING AND LETTERS FROM BACK
HOME TO WHERE THEY WERE. HE APPROACHED THEM AND THEY HAD HIM
GUNNED DOWN, AND HE PUT THEM BACK INTO GOOD HEALTH AND HE WAS THE
PERSON WHO ACTUALLY FOUGHT OFF THE ENEMY WHO WAS AGAINST THIS
PARTICULAR GROUP. BUT YOU KNOW HOW YOU PAY ME BACK FOR WHATEVER IT
IS THAT THE VESTIGES OF SLAVERY THAT EXISTED THAT I HAVE TO WALK WITH AND
LIVE WITH FOR THE REST OF MY LIFE? YOU GAVE ME A DREAM THAT MAYBE
ONE DAY I COULD SERVE IN A BODY THAT WOULD NEVER EVEN HAVE EXPECTED
ME TO SERVE IN. YOU GAVE ME AN OPPORTUNITY TO SEE THE FIRST BLACK
WOMAN TO BE APPOINTED MAJORITY LEADER IN THE ASSEMBLY WHEN IN
1847 WE SAW THE FIRST BLACK WOMAN TO EARN A MEDICAL DEGREE. IT TOOK
OVER 170 YEARS FOR ME TO SEE THAT. IT TOOK OVER 170 YEARS TO SEE THE
FIRST BLACK SPEAKER, AND SENATE MAJORITY LEADER, AND CITY COUNCIL
SPEAKER, AND AS WELL AS CITY COUNCIL MAJORITY LEADER. BUT HERE I AM
WITH THIS BOLD VISION THAT I DON'T HAVE TO WORRY ABOUT THAT ANYMORE.
SO I HAVE THIS GREAT OPPORTUNITY WHERE WHENEVER IT IS
THAT WE HAVE AN OPPORTUNITY TO PROTEST AND STAND UP FOR WHAT'S RIGHT, I
GO DOWNSTAIRS, I WALK TO THE ELEVATOR, I GO DOWN TO THE WAR ROOM ON
THE SECOND FLOOR AND I LOOK UP IN THE SKY AND WHAT DO I SEE? THE
CONFEDERATE FLAG, BLARING AT ME, RIDICULING ME, WATCHING ME.
WATCHING OVER THE LEGACY THAT I HAVE TO LIVE WITH EACH AND EVERY DAY,
107
NYS ASSEMBLY JUNE 8, 2023
THE PAIN THAT GETS ENDURED. AND SO IN ADDITION, SO EVERYTHING IT IS THAT
WE ARE DOING HERE TODAY, IF WE CAN SAY TO SOUTH CAROLINA THAT YOU NO
LONGER SHOULD BE FLYING THE CONFEDERATE FLAG OVER YOUR STATE HOUSE, I
WOULD ALSO SUBMIT THAT THE CONFEDERATE FLAG BE REMOVED IMMEDIATELY
FROM THE SECOND FLOOR WAR ROOM OF THE NEW YORK STATE CAPITOL.
YOU DON'T JUST OWE US IN A DOCUMENT, YOU OWE US IN YOUR DEEDS
BECAUSE SLAVERY IS CRUEL, IT'S UNUSUAL. IT LEADS TO VOTER SUPPRESSION,
RACIST DRUG LAWS, MASS INCARCERATION. AND I BELIEVE THAT ITS REVIEW IS
WARRANTED, IS WARRANTED.
AND SO NOW I'M NOT ASKING, I'M DEMANDING THAT YOU
ACKNOWLEDGE THE OBVIOUS TODAY. I'M DEMANDING THAT YOU COMMIT FOR
JUST ASKING FOR A STUDY OF THE IMPACT OF SLAVERY SO THAT THE STATE OF
NEW YORK CAN CONSIDER WHAT THE PROPER REPARATIONS FOR THE DECENDENTS
OF ENSLAVED AFRICANS WHOSE CONTRIBUTIONS HAVE BEEN IGNORED AND
CERTAINLY UNDERVALUED WITHIN THE STATE OF NEW YORK. JUST A MONTH
AGO, IN THE STATE OF CALIFORNIA, OF COURSE, BECAME ONE OF THE FIRST
STATES, AS WE'VE HEARD, TO ACKNOWLEDGE AND UNDERGO SUCH AN EFFORT; AND
ALSO, SIMILAR LEGISLATION HAS BEEN INTRODUCED AT THE FEDERAL LEVEL. WE
HAVE TO CONTINUE TO BE THE VANGUARD IN NEW YORK STATE, TO SET THE TONE
FOR THE REST OF THE COUNTRY, BECAUSE THAT IS WHAT AMERICANS ARE
EXPECTING NEW YORKERS TO DO. REPARATIONS ARE MEANT TO ADDRESS
EGREGIOUS INJUSTICES PERPETUATED AND PERPETRATED AGAINST A GROUP OF
PEOPLE GENERALLY BASED ON THEIR RACE AND/OR RELIGION. AGAIN, NOT A
FOREIGN CONCEPT.
AND SO JUST LIKE ALL OF THE OTHER INDIVIDUALS WHO
108
NYS ASSEMBLY JUNE 8, 2023
EARNED THEIR JUST DO, WE ARE SAYING THAT OUR 40 ACRES AND A MULE, WHICH
SOME WERE REALIZED, SOME WERE JUST HOPEFUL ABOUT, WE KNOW THAT WE'RE
IN JUNE, AND JUNETEENTH IS AMONG US AND WHEN PEOPLE WERE DENYING
THE OPPORTUNITY TO EVEN KNOW THAT SLAVERY ACTUALLY DOESN'T EXIST
ANYMORE THEORETICALLY, WERE NEVER NOTIFIED. WE'RE ASKING FOR THAT
APOLOGY TO BE THAT NOTIFICATION TODAY, IN THIS BODY AND IN THIS ROOM. IT
IS TIME FOR ACCOUNTABILITY. IT IS TIME FOR THAT ACCOUNTABILITY NOT TO JUST
REST ON THE -- ON THE LAURELS OF SUCCESS HERE, BUT ALSO SUPPORT PRESIDENT
BIDEN AS HE SUPPORTS REPARATIONS FOR DECENDENTS OF ENSLAVED AFRICANS.
AND CONTINUE TO SUPPORT THE WORK THAT CONGRESS IS DOING SO THAT THIS
SITUATION CAN BE ACKNOWLEDGED NOT JUST HERE IN THE STATE OF NEW YORK
BUT ACROSS AMERICA, BECAUSE REPARATIONS GO JUST THAT FAR.
SO I WILL LEAVE YOU WITH THE WORDS OF REVEREND DR.
MARTIN LUTHER KING: "I CAME TO ALBANY TO CASH A CHECK. PAY ME WHAT
YOU OWE ME." THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. BICHOTTE
HERMELYN.
MS. BICHOTTE HERMELYN: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. BICHOTTE HERMELYN: SORRY, MR. SPEAKER.
I LOST MY -- CAN YOU COME BACK TO ME, MR. SPEAKER? OKAY, I LOST MY...
ACTING SPEAKER AUBRY: MS. BICHOTTE
HERMELYN?
(PAUSE)
MS. BICHOTTE HERMELYN: I LOST MY -- SORRY,
109
NYS ASSEMBLY JUNE 8, 2023
MR. SPEAKER. HOLD ON.
(PAUSE)
ACTING SPEAKER AUBRY: MR. TAYLOR.
MR. TAYLOR: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. TAYLOR: THANK YOU SO MUCH. THERE'S BEEN
SO MUCH SPIRITED DEBATE HERE, SO MUCH HAS BEEN SAID, AND ONE OF MY
COLLEAGUES THE LATE SENATOR BILL PERKINS WAS SAYING, YES, BUT NOT BY
ME. SO I JUST WANT TO SHARE JUST A LITTLE BIT, THE PREVIOUS MEMBER
MENTIONED SOMETHING THAT WAS SAID I BELIEVE IN '64 IN WASHINGTON
D.C. DR. KING USED THIS VERBIAGE: AMERICA HAS GIVEN ITS COLORED
PEOPLE A BAD CHECK, A CHECK THAT HAS BEEN MARKED 'INSUFFICIENT FUNDS'.
AND WHEN WE THINK ABOUT WHAT THIS CONVERSATION IS
ABOUT, DO WE HAVE THE PERFECT PIECE OF LEGISLATION? PROBABLY NOT. BUT
IF WE'RE BEING HONEST WITH OURSELVES, WE WILL NEVER ARRIVE AT THAT
PERFECT PIECE OF LEGISLATION IN THIS PLACE BECAUSE OUT OF 150 OF US, WE
ALL EACH HAVE AN IDEA THAT WAS NOT OR WILL NOT BE ON THAT DOCUMENT;
HOWEVER, IT IS IMPORTANT TO ADDRESS WHAT IS THERE AND THE MEAT AND
BONES OF WHAT IT'S ASKING US TO DO IN THIS SPACE. AND WHEN WE THINK
ABOUT THE HISTORY OF THIS COUNTRY, OUTSIDE OF CHARLESTON, NEW YORK
STATE HAD OVER 42 PERCENT OF SLAVES. THEY WERE NOT SUGARCANE, COTTON
PLANTATIONS, THEY WERE HOUSEHOLDS IN SMALLER NUMBERS, BUT OVER 42
PERCENT OF THE SLAVES, THE LARGEST POPULATION OF SLAVES OUTSIDE OF
CHARLESTON, SOUTH CAROLINA EXISTED IN THE COLONY OF THE STATE OF NEW
110
NYS ASSEMBLY JUNE 8, 2023
YORK, IF THAT IS SUCH A THING. AND IN DOING SO, WE RECOGNIZED THAT
PEOPLE DID NOT AND WERE NOT AND STILL ARE NOT TREATED ADEQUATELY. AND
ALL WE'RE ASKING FOR IN THIS SPACE -- AND I JUST DIVERT JUST A MOMENT.
THERE WAS THIS POPULAR SINGER, WENT BY THE NAME OF JAMES BROWN.
AND HE WAS A MAJOR, POPULAR SONGWRITER AND DANCER AND PERFORMER.
AND HE SAYS, I DON'T WANT YOU TO GIVE ME ANYTHING, JUST OPEN UP THE
DOOR AND I'LL GET IT MYSELF. AND THEY THOUGHT THAT HE WAS SO
RAMBUNCTIOUS TO SAY THAT BECAUSE HE WAS AT THE TOP OF THE CHARTS ACROSS
THE BOARD, AND NEVER AGAIN TO REACH THAT LEVEL OF PERFORMANCE BECAUSE
THE PEOPLE THAT HE SAID IT TO WERE INDIGNIFIED THAT HE WOULD SAY, I DON'T
WANT YOU TO GIVE ME ANYTHING, OPEN THE DOOR AND I'LL GET IT MYSELF.
WE'RE NOT ASKING FOR ANYTHING, WE'RE DEMANDING JUSTICE IN THIS SPACE
TODAY. WE FOUGHT FOR SO MUCH. YOU NAME IT, WE'VE DONE IT. THE
NATIONALITY, THE ISSUE, THE PEOPLE, WE HAVE BLEEDING HEARTS IN THIS SPACE
COLLECTIVELY AS 150 MEMBERS HAVE FOUGHT FOR THE RIGHTS OF SO MANY
PEOPLE AND GIVEN BILLIONS OF DOLLARS. AND ALL WE'RE SAYING IN THIS
SPACE, CONSIDER THE OPPORTUNITY TO ALLOW US TO LOOK AT THIS AND THEN
COME HOME AND SAY, WHAT DOES YOU ALL SAY? I CAN'T BELIEVE THE
NONSENSE IN THIS SPACE, WITH ALL DUE RESPECT TO MY COLLEAGUES. WE
DIDN'T SAY THIS IS A DOLLAR, THIS IS A BLANK CHECK, GIVE IT UP. WE'RE
SAYING WILL YOU SUPPORT THE IDEA OF CONSIDERATION, AND WE GOT A SONG
AND A DANCE AND A SHUFFLE. RIDICULOUS. I'M GONNA KEEP IT A BUCK,
THAT'S 100.
WE CAN DO BETTER, AND I KNOW WE CAN. LET US NOT
ALLOW OUR FEARS TO OVERRULE OUR GOOD SENSE IN CONSCIOUS. AND WHEN
111
NYS ASSEMBLY JUNE 8, 2023
WE LOOK ABOUT IT -- LOOK AT THIS, DR. KING SHARED THIS, I DON'T THINK IT
WAS HIS ORIGINALLY, IT'S NOT WHAT THE ENEMY IS SAYING OR DOING, IT'S THE
SILENCE OF OUR FRIENDS THAT'S LOUDER THAN WHAT IS ACTUALLY TAKING PLACE.
LET US DO THE RIGHT THING AND SUPPORT THIS LEGISLATION. THANK YOU SO
MUCH, MR. SPEAKER. I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. JACKSON.
MS. JACKSON: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
JACKSON.
MS. JACKSON: MR. SPEAKER, THEY WANT OUR RHYTHM,
BUT NOT OUR BLUES. THANK YOU TO THE SPONSOR OF THIS BILL AND THE
PREVIOUS SPONSOR. THANK YOU TO EVERYONE, INCLUDING OUR SPEAKER FOR
BEING COURAGEOUS AND DOING THE RIGHT THING AND BRINGING THIS BILL TO THE
FLOOR. EVERY TIME BLACK PEOPLE ADVOCATE FOR EQUITY, WE ARE FACED WITH
THE WHAT ABOUT ME-ISMS. PEOPLE BRINGING UP INDENTURED SERVANTS AND
THEIR STRUGGLES HAVE NOTHING TO DO WITH AFRICANS STOLEN FROM THEIR
HOME, STRIPPED OF THEIR NATIVE TONGUES, STRIPPED OF THEIR NATIVE GARB,
STRIPPED OF THEIR CHILDREN, STRIPPED OF THEIR RELIGION AND THEIR CULTURE.
SLAVERY WAS DIVISIVE FOR AFRICAN FAMILIES AND PEOPLE. YOU WATCHED IT
HAPPEN RIGHT HERE ON THE FLOOR, MR. SPEAKER. WHEN ONE ENSLAVED
PERSON WANTED TO ESCAPE, OTHERS WILL TELL MASTER BECAUSE THEY FEARED
EVERYONE WOULD BE LYNCHED FOR THE BEHAVIOR OF ONE PERSON ESCAPING TO
FREEDOM.
THIS BILL WAS NOT DEBATED WITH THE PREVIOUS SPONSOR,
AND I WONDER WHY. AND THIS SPONSOR DID A WAY BETTER JOB AT
112
NYS ASSEMBLY JUNE 8, 2023
RESPONDING TO OUTRIGHT OFFENSE TO MY ANCESTORS. THERE ISN'T EVEN A
BLACK PERSON ON THE OTHER SIDE, BUT YOU WANT A SPOT ON THE
COMMISSION. OFFENSIVE. OUTRIGHT OFFENSIVE. THIS BILL, LIKE MANY
OTHERS HAVE SAID, IS TO CREATE A COMMISSION TO LOOK AT THE HARMS DONE
TO AFRICAN ENSLAVED PEOPLE AND THEIR DECENDENTS. NEW YORK STATE
NEEDS TO EXAMINE THE EFFECTS OF SLAVERY ON BLACK MATERNAL MORTALITY,
REDLINING, POVERTY, MASS INCARCERATION, BLACK CODES, JIM CROW, THE
SYS -- THE SYSTEMIC OPPRESSION THAT IS IN OUR COURTHOUSES AND OUR
SCHOOLHOUSES. REMEMBER, SLAVERY WAS ONLY ABOLISHED IN 1827 HERE IN
THIS STATE. WE AREN'T THAT FAR REMOVED FROM THE PHYSICAL CHAINS OF
SLAVERY, AND NOW WE ARE LIVING UNDER ITS EFFECTS. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. NOVAKHOV.
(PAUSE)
MS. DICKENS.
MS. DICKENS: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
DICKENS.
MS. DICKENS: TODAY, I SERVE IN THESE HALLOWED
HALLS, THE PEOPLE'S HOUSE, OR SO THEY SAY, AS THE GRANDDAUGHTER OF A
MAN BORN INTO SLAVERY, FATHERED BY A MOTHER'S SLAVEHOLDER, SAMUEL
DICKENS. TODAY, WE DISCUSS FOR HOURS THE VALUE OF REPARATIONS FOR
BLACK PEOPLE WHO HELPED BUILD THIS GREAT COUNTRY. THIS COUNTRY WOULD
NOT BE WHERE IT IS, WOULD NOT BE THE GIANT THAT IT STANDS IN THE WORLD
113
NYS ASSEMBLY JUNE 8, 2023
STANDING IF IT WERE NOT FOR THE BLACK PEOPLE WHO BUILT THIS COUNTRY
FROM THE FIELDS OF COTTON TO THE HOMES OF PEOPLE.
WE VOTE TODAY FOR A COMMISSION TO RESEARCH THE
EFFECTS AND CONDUCT, THE OUTREACH THAT HAS IMPACTED UPON BLACK PEOPLE
THAT WERE BROUGHT HERE NOT TO ELLIS ISLAND, BUT INSTEAD BROUGHT TO THE
SHORES IN CHAINS AND SHACKLES TO NEW YORK, NORTH AND SOUTH CAROLINA,
GEORGIA AND PLACED NAKED UPON WOODEN STANDS SHOWN AS CHATTEL TO BE
PURCHASED, TO BE SOLD, TO BE BOUGHT, NOT AS HUMANS, BUT AS ANIMALS
WITH NO WORDS OF DEFENSE, NO OPPORTUNITIES, NO CHANCE TO ESCAPE,
SLAVERY OR DEATH. OTHER GROUPS HAVE BEEN HERE AND HAVE BEEN
ENSLAVED, BUT MOSTLY IN THEIR OWN SURROUNDINGS AND THEIR OWN
COUNTRIES, NOT AS HORRENDOUSLY AS THE BLACKS WERE, KIDNAPPED FROM
AFRICA AND BROUGHT TO NORTH AND SOUTH AMERICA, AND TO THE CARIBBEAN
TO BUILD A COUNTRY FOR FREE WITHOUT ANY REMUNERATION, WITHOUT GIVING
US ANY SOURCE OF SURVIVAL. WE WERE BROUGHT SO FAR AWAY THERE WAS NO
OPPORTUNITY, NONE WHATSOEVER TO ESCAPE SLAVERY, NOR WERE WE ABLE TO
FIND OUR WAY BACK TO OUR OWN COUNTRIES FROM WHICH WE WERE BORN.
JUST YESTERDAY, I WENT TO A RESTAURANT. AND WHEN I
ASKED TO BE SEATED IN A ROOM WHERE THERE WERE FEW PEOPLE SEATED, I
WAS TOLD NO, AND INSTEAD RIGHT HERE IN ALBANY, I WAS ESCORTED TO A TABLE
NEXT TO THE BATHROOM, WHERE I COULD SMELL THE ODORS. AND WHEN I WAS
OBJECTING TO BEING SEATED THERE AND WHEN I SAW WHITE PEOPLE BEING
SEATED WHERE I ASKED TO BE SEATED I WAS TOLD, OH, I'M SO SORRY. WELL,
I'M SORRY, TOO, BECAUSE I'M TIRED OF BEING TIRED.
WE'VE HAD NO WORDS OF DEFENSE, WE'VE HAD NO
114
NYS ASSEMBLY JUNE 8, 2023
OPPORTUNITIES FOR FAIRNESS. IN 1959, MY FATHER SERVED IN THIS SAME
ASSEMBLY AND PUT FORTH A BILL THAT DEMANDED THAT ON STATE PROPERTIES,
ON ANY STATE BUILDINGS, NO FLAGS OF THE CONFEDERATE FLAG COULD BE
FLOWN. AND YOU KNOW WHAT? WE WERE SENT LETTERS, WE GOT PHONE
CALLS, PEOPLE CAME TO OUR HOME AND THREATENED OUR LIVES. THIS IS WHAT
I LIVED THROUGH, NOT WHAT I READ ABOUT, NOT WHAT I HEARD ABOUT, NOT
WHAT I SAW ON TELEVISION, BUT INSTEAD WHAT I ACTUALLY LIVED THROUGH.
AND UNLESS YOU'VE BEEN THREATENED WITH BEING BURNED AT THE STAKE IN
YOUR OWN HOME, YOU HAVE NO IDEA OF THE FEAR YOU HAVE IN YOUR BODY,
IN YOUR MIND, AND IN YOUR HEART. I REFUSE TODAY, I REFUSE TO BELIEVE THAT
MY COLLEAGUES TODAY WOULD NOT SUPPORT SUCH A BILL. I COMMEND MY
COLLEAGUE FOR HAVING THE STRENGTH TO STAND UP AND PRESENT IT. I
COMMEND ALL THAT HAVE SPOKEN BEFORE ME AND THOSE WHO HAVE NOT BUT
DO SUPPORT THIS, TO SAY THANK YOU. AND MY COLLEAGUES ACROSS THE AISLE,
I KNOW THAT IN YOUR HEARTS YOU ARE FAIR, I BELIEVE IN MY MIND THAT YOU
WILL SUPPORT THIS. I BELIEVE THAT YOU WILL NOT LET US DOWN BECAUSE YOU
RECOGNIZE WHAT THIS COUNTRY OWES BLACK PEOPLE FOR WHAT WE HAVE
CONTRIBUTED OVER THE YEARS. I BELIEVE IN YOU AND GOD KNOWS I HOPE
YOU DON'T DISAPPOINT ME. I VOTE IN THE AFFIRMATIVE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. MORINELLO.
MR. MORINELLO: THANK YOU, MR. SPEAKER.
BEFORE I -- ON THE BILL, I'M SORRY, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MORINELLO: I WANT TO REMIND THOSE THAT MAY
115
NYS ASSEMBLY JUNE 8, 2023
HAVE BEEN HERE LAST YEAR, I DID VOTE TO SUPPORT THIS CONCEPT WITH THE
PRIOR SPONSOR, AND I'M BRINGING THAT OUT SO THAT YOU KNOW I WILL
SUPPORT THIS. BUT WHAT I FIND, AND I'VE LISTENED TO EVERYONE VERY
INTENTLY, AND I DO NOT DISAGREE WITH THE COMMENTS, IT'S NOT FOR ME
BECAUSE I DIDN'T LIVE THAT LIFE. THERE'S ONLY ONE THING IN THE BILL THAT I
FIND A LITTLE DISINGENUOUS, AND IF WE WANT TO BRING PEOPLE TOGETHER TO
UNDERSTAND, AS I LOOK AT THE BILL THERE IS NO REPRESENTATION OR ABILITY FOR
REPRESENTATION FROM WHAT THAT SIDE OF THE AISLE REFERS TO AS "OUR SIDE OF
THE AISLE." AND MY FEELING IS THIS, IF YOU ARE SINCERE AND IF YOU'RE
SINCERE IN MOVING FORWARD AND SINCERE IN THIS STUDY, THEN I THINK THERE
SHOULD BE SOME MEMBERS, OR WE SHOULD HAVE SOME ABILITY TO HAVE
MEMBERS ON THAT COMMISSION SO THAT WE EXCHANGE IDEAS. AND IF YOU
WANT US -- AND I DON'T MEAN "US" AS FAR AS THIS GROUP HERE, BUT THOSE
THAT MAY NOT AGREE WITH YOU TO UNDERSTAND BETTER, THEN I FEEL THAT THE
TOTAL VOICE SHOULD BE SOMETHING THAT IS NEEDED. AND I WOULD ASK THAT
THE POSSIBILITY THAT WE GET SOME REPRESENTATION FROM THE MINORITY
CONFERENCE FOR THE ABILITY TO APPOINT SOME INDIVIDUALS TO THAT
COMMISSION, BECAUSE WHEN YOU LOOK AT THE MAKEUP, IT'S STILL ONE-SIDED
SO THERE'S GOING TO BE ALWAYS SOME QUESTIONS AS TO WHAT OCCURRED.
SO WITH THAT BEING SAID, I DID SAY I WILL CONTINUE TO
SUPPORT, BUT I WHOLEHEARTEDLY BEG THAT THE SPONSOR CONSIDER SOME
REPRESENTATION SO THAT THE CONCEPT AND THE DISCUSSIONS COULD CONTINUE
AND GO FURTHER. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. ANDERSON.
116
NYS ASSEMBLY JUNE 8, 2023
MR. ANDERSON: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANDERSON: MR. SPEAKER, TODAY IS A HISTORIC
MOMENT FOR BLACK NEW YORKERS AND NEW YORKERS ACROSS THIS GREAT
STATE. WE CAN NO LONGER TURN A BLIND EYE TO THE HISTORY OF ANTI-BLACK
RACISM IN OUR GREAT STATE. WE CAN NO LONGER SAY THAT BLACK NEW
YORKERS ARE STATE PROPERTY. I'M NO LONGER GOING TO ACCEPT THE CONCEPT
THAT BLACK NEW YORKERS ARE STATE PROPERTY. FROM SENECA VILLAGE,
MODERN DAY CENTRAL PARK, TO THE AFRICAN BURIAL GROUND IN LOWER
MANHATTAN, TO TIMBUKTU, MR. SPEAKER, IN THE ADIRONDACKS, WE MUST
CONFRONT OUR HISTORY HEAD ON BECAUSE IF WE FAIL TO DO SO WE ARE
DOOMED TO REPEAT IT.
SLAVERY, MR. SPEAKER, IS NO MORE THAN JUST AMERICA'S
ORIGINAL SIN. SLAVERY IS THE CRUEL, UNUSUAL AND FOUNDATIONAL SYSTEM
UPON WHICH OUR COUNTRY WAS BUILT ON. THE CHAIRS THAT WE SIT IN, THE
DESKS THAT WE EAT ON, THE FILE CABINETS THAT WE PUT OUR FILES IN, EVEN THIS
VERY SPACE THAT WE STAND IN HERE TODAY WAS BUILT ON SLAVE LABOR. THE
REPARATIONS COMMISSION THAT WE ARE PLACING TOGETHER TODAY, WHILE NOT
PERFECT, WHILE IT DOES NOT CONSIDER MANY OF ITS ASPECTS, IT IS OUR BEST
CHANCE TO MAKE SURE THAT WE CAN BEGIN THE CONVERSATIONS ABOUT
REPAIRING THE HARM. IT WILL LOOK AT MORE THAN JUST SLAVERY, IT WILL ALSO
EXAMINE THE LINGERING EFFECTS OF INSTITUTIONAL SLAVERY AND
DISCRIMINATION ON LIVING PEOPLE OF AFRICAN DESCENT. THIS WOULD
INCLUDE HOUSING DISCRIMINATION, THIS WOULD INCLUDE UNEQUAL PAY, THIS
117
NYS ASSEMBLY JUNE 8, 2023
WOULD INCLUDE DISCRIMINATION, VOTER SUPPRESSION, AND POLICE BRUTALITY.
IT'S IMPORTANT TO ACKNOWLEDGE, MR. SPEAKER, THAT
DURING THE PERIOD OF CHATTEL SLAVERY HERE IN THE STATE OF NEW YORK, AND
A LOT OF FOLKS DON'T WANT TO TALK ABOUT THIS, BUT PEOPLE WERE BEATEN AND
HAD THEIR NAMES CHANGED, AND HAD TO LIVE SEPARATE AND APART FROM THEIR
FAMILIES. MR. SPEAKER, MY LAST NAME IS NOT ANDERSON. FOR EVERY
SINGLE LASH THAT MY ANCESTORS HAD TO TAKE ON THEIR BACKS AND WERE TOLD
TO CHANGE THEIR NAMES, ANDERSON IS NOT MY LAST NAME, MR. SPEAKER.
ALL THE ACCOUNTS OF PAIN AND SUFFERING FOR THE SHOULDERS OF THOSE
ANCESTORS WHO I STAND ON WHOSE NAME I NOW HAVE TO CARRY BECAUSE IT
WAS ASSIGNED TO ME THROUGH BEATINGS. TODAY IS THE FIRST STEP IN THAT
CONVERSATION BEING MANDATORY HERE IN THE STATE OF NEW YORK.
A COMMUNITY OF BLACK LANDOWNERS WHOSE LAND AND
LIVELIHOOD WAS STRIPPED AWAY FROM THEM FOR PENNIES ON THE DOLLAR,
SENECA VILLAGE, THIS COMMISSION, MR. SPEAKER, WOULD ENSURE THAT WE
STUDY HOW THAT HAPPENED AND HOW WE CAN MAKE THOSE FAMILIES WHOLE.
ONE OF A FEW AFRICAN-AMERICAN ENCLAVES AT THE TIME, WHICH AND WAS
INCLUDING SENECA VILLAGE, ALLOWED RESIDENTS TO BE ABLE TO REBUILD THEIR
LIVES IN THEIR THEN CHATTEL SLAVERY, AND IT WAS RUTHLESSLY BUILT OVER AND
BULLDOZED FOR THE BENEFIT OF A FEW. IN THE 1850S, MR. SPEAKER, SENECA
VILLAGE COMPRISED OF 50 HOMES, THREE CHURCHES, AS WELL AS BURIAL
GROUNDS AND SCHOOLS FOR AFRICAN AMERICAN STUDENTS. THIS VILLAGE
MEANT SO MUCH TO OUR PEOPLE. THIS VILLAGE IS EMBLEMATIC OF THE
HISTORY OF WHAT IT IS TO BE A NEW YORKER, A BLACK NEW YORKER, HAVING
THE LITTLE BIT OF WHAT YOU HAVE STRIPPED AWAY FOR THE BENEFIT OF A FEW.
118
NYS ASSEMBLY JUNE 8, 2023
SENECA VILLAGE ALSO, MR. SPEAKER, PROVIDED AN ESCAPE FROM UNHEALTHY
AND CROWDED CONDITIONS OF THE CITY AND ACCESS TO MORE SPACE INSIDE
AND OUTSIDE THE HOME. THIS LEGISLATURE, MR. SPEAKER, IN 1953 --1853,
EXCUSE ME, ENACTED A LAW THAT WOULD SET ASIDE 775 ACRES OF LAND IN
MANHATTAN FROM 59TH STREET TO 106TH STREET, BETWEEN 5TH AND 8TH
AVENUES TO CREATE THE COUNTRY'S FIRST MAJOR LANDSCAPE PUBLIC PARK. THE
CITY ACQUIRED THE LAND THROUGH EMINENT DOMAIN, TAKING IT AWAY, THE
LAW THAT ALLOWS GOVERNMENT TO TAKE PRIVATE LAND. THERE WERE 1,600
PEOPLE LIVING THERE. AND ALTHOUGH LANDOWNERS WERE COMPENSATED, AS I
SAID, PENNIES ON THE DOLLAR. AND AS ALTHOUGH THERE'S MUCH TO BE DONE,
MR. SPEAKER, AND I USE SENECA VILLAGE AS AN EXAMPLE AS TO WHY WE
NEED TO DO THIS HERE TODAY, THE COMMISSION IS DESIGNED TO MOVE THE
NEEDLE FORWARD, AS NEW YORK SEEKS TO REPAIR THE SYSTEMIC HARMS THAT
HAVE CONTINUED TO THIS DAY.
IN CLOSING, MR. SPEAKER, REPARATIONS IS NOT A DIRTY
WORD, AND I'M SORRY FOR THOSE WHO BELIEVE THAT REPARATIONS AND
REPAIRING HARM IS A DIRTY WORD. REPARATIONS, MR. SPEAKER, SYMBOLIZES
ATONEMENT, RESTORATION AND JUSTICE. NO MORE GASLIGHTING, NO MORE
WHAT ABOUT-ISMS. WHEN YOU HAVE FACED THE LASHES, THE NAME CHANGE,
THE TEARING UP OF YOUR VILLAGE, THE DESTRUCTION OF PROPERTY, THE SPLITTING
OF YOUR FAMILY, WHEN YOU HAVE EXPERIENCED THAT, COME SPEAK TO ME
ABOUT REPARATIONS. BUT THIS IS OUR TIME AND THIS IS OUR MOMENT TO
REPAIR THE HARM THAT HAS BEEN DONE TO OUR PEOPLE FOR GENERATIONS, MR.
SPEAKER. AND FOR THE ANCESTORS WHOSE SHOULDERS I STAND ON TODAY, THAT
ALLOWED ME TO BE THE YOUNGEST, LOUDEST, BLACK VOICE IN THIS CHAMBER,
119
NYS ASSEMBLY JUNE 8, 2023
IT IS CRITICAL AND IT'S IMPORTANT THAT WE DO NOT STAND IN THE WAY OF
HEALING THE HARM OF OUR PEOPLE. MR. SPEAKER, I PROUDLY, PROUDLY, VOTE
IN THE AFFIRMATIVE ON THIS BILL.
(APPLAUSE)
ACTING SPEAKER MITAYNES: MR. ANDERSON IN
THE AFFIRMATIVE.
MS. BICHOTTE HERMELYN.
MS. BICHOTTE HERMELYN: THANK YOU, MR.
[SIC] SPEAKER.
ON THE BILL.
ACTING SPEAKER MITAYNES: ON THE BILL.
MS. BICHOTTE HERMELYN: REPARATIONS IS NOT
ABOUT A PAYCHECK, IT'S ABOUT ATONEMENT AND ACKNOWLEDGING AND
CORRECTING THE HISTORICAL DISENFRANCHISEMENT AND DISCRIMINATION THAT
AFFECTS AFRICAN-AMERICAN WHO ARE DESCENDENTS OF SLAVERY TO THIS DAY.
AS MANY AS 20 PERCENT OF COLONIAL NEW YORKERS WERE ENSLAVED
AFRICANS. NEW YORK ABOLISHED CHATTEL SLAVERY, TREATING PEOPLE AS LEGAL
PROPERTY IN 1799, BUT EVEN AS THE STATUTE REPEALED ENSLAVERS' PROPERTY'S
RIGHT, IT ALSO CALLED THE GRADUAL EMANCIPATION OF THE ENSLAVED, A VERY
LONG PROCESS, THAT ALLOWED ENSLAVEMENT TO CONTINUE IN NEW YORK.
SLAVERY REMAINED LEGAL IN NEW YORK UNTIL 1827. AND EVEN AFTER THAT,
IT REMAINED CLOSELY TIED TO THE INSTITUTION WHEN IT CONTINUED TO EXIST IN
SOUTHERN STATES. MANY WILL SAY THAT THE DOOR CLOSED HUNDREDS OF YEARS
AGO, BUT OUR STATE'S INCOME DISPARITY, WHICH IS THE LARGEST IN THE
COUNTRY, IS IN LARGE PART THAT THE LEGACY OF THE SLAVE SYSTEM WHICH BUILT
120
NYS ASSEMBLY JUNE 8, 2023
AND SHAPED THE STATE.
NOW, THIS ISN'T JUST ABOUT LOOKING IN THE PAST. IT'S
ABOUT THE BALANCING SCALES FOR OUR FUTURE. WE CAN'T DENY THE MASSIVE
DISPARITIES THAT EXISTS WITH BLACK COMMUNITIES TO THIS DAY. CHATTEL
SLAVERY WAS EVENTUALLY ABOLISHED IN VARIOUS COUNTRIES THROUGH THE
EFFORTS OF ABOLITIONISTS AND SOCIAL MOVEMENTS. SIGNIFICANT MILESTONES
IN THE ABOLITION OF CHATTEL SLAVERY INCLUDE IN THE HAITIAN REVOLUTION,
1791 TO 1804; THE BRITISH SLAVERY OF ABOLITION ACT IN 1883, AND THE
AMERICAN EMANCIPATION PROCLAMATION IN 1863. HOWEVER, THE LEGACY
OF SLAVERY CONTINUES TO IMPACT SOCIETIES TODAY AS THEY CONTINUE TO BE
SYSTEMATICALLY RACIST INEQUITIES AND ONGOING SOCIAL DISPARITIES. THIS
COMMISSION WILL STUDY HOW TO UPLIFT AND EMPOWER BLACK NEW
YORKERS, WHOSE EXISTING DISPARITIES INCLUDE HOUSING DISCRIMINATION,
UNEQUAL PAY, VOTER SUPPRESSION, POLICE BRUTALITY AND DISPROPORTIONATE
RATES OF INCARCERATION. SLAVERY, BY THE WAY, STILL EXISTS AND IMPACTS OUR
COMMUNITY.
NOW, AS WE TALK ABOUT REPARATIONS, I OFTEN THINK OF
WHAT HAPPENED TO OUR 40 ACRES AND A MULE. AND AS A DAUGHTER OF
HAITIAN IMMIGRANTS, I DO THINK ABOUT WHAT HAPPENED IN HAITI, AND TO
THE MANY HAITIANS THAT CAME HERE WHO WERE ENSLAVED, FOUGHT IN A
PIVOTAL AND COURAGEOUS ROLE IN THE AMERICAN REVOLUTION. THE BATTLE
OF SAVANNAH, GEORGIA, BECAME ONE OF THE BLOODIEST AND SIGNIFICANT
BATTLES DURING THE AMERICAN REVOLUTIONARY WAR. AMERICAN
CONTINENTALS WERE OUTNUMBERED AND SUPPORTED BY FRENCH TROOPS,
INCLUDING 800 FROM SANTA DOMINGO, LATER HAITI, AND OTHER
121
NYS ASSEMBLY JUNE 8, 2023
FRENCH-CARIBBEAN COLONIES. AND WHEN WE BRING UP REPARATION ABOUT
WELL, WAS THERE REPARATIONS FOR THE BLACKS AND AFRICANS IN HAITI, YOU
THINK ABOUT IT. WHAT WAS IT? IT WAS THE OTHER WAY AROUND. AFTER HAITI
GAINED ITS INDEPENDENCE FROM FRANCE IN 1804 THROUGH A SUCCESSFUL
SLAVE REVOLT, FRANCE DEMANDED REPARATIONS FROM HAITI, YES. THESE
REPARATIONS WERE INTENDED TO COMPENSATE THE FRENCH SLAVEHOLDERS FOR
THEIR LOSS OF PROPERTY, INCLUDING LAND ENSLAVED PEOPLE; 100 MILLION
FRANCS, THE DEBT IMPOSED BY FRANCE SEVERELY HINDERED HAITI'S
DEVELOPMENT AND LEFT THE COUNTRY IN A STATE OF ECONOMIC INSTABILITY.
THE FRENCH GOT THEIR REPARATIONS, BUT WHERE'S OUR 40 ACRES AND A MULE?
THERE'S NO MONEY TOO HIGH TO PRICE -- TO PAY FOR THE
PRICE TO PAY FOR THE MILLIONS OF BLACK PEOPLE, AFRICAN PEOPLE WHO DIED
AND WERE SLAVES. FROM 1501 UNTIL 1866, AN ESTIMATED 12.5 MILLION
AFRICANS WERE PUT ON A SLAVE SHIP -- ON SLAVE SHIPS DURING THE
TRANS-ATLANTIC SLAVE TRADE. MORE THAN ONE IN 12 WOULD DIE DURING
THE MIDDLE PASSAGE. DURING THE RECONSTRUCTION PERIOD, A 12-YEAR
PERIOD AFTER THE END OF THE CIVIL WAR, THOUSANDS OF BLACK MEN, WOMEN
AND CHILDREN WERE LYNCHED. CHATTEL SLAVERY ALLOWED PEOPLE CONSIDERED
LEGAL PROPERTY TO BE BOUGHT, SOLD AND OWNED FOREVER AND WAS LAWFUL
AND SUPPORTED BY THE UNITED STATES. BUT THE GOVERNMENT DIDN'T KEEP
ITS PROMISE OF 40 ACRES AND A MULE. FOLLOWING PRESIDENT ABRAHAM
LINCOLN'S ASSASSINATION ON APRIL 15TH IN 1865, PRESIDENT ANDREW
JOHNSON RESCINDED FIELD ORDER 15 AND RETURNED TO CONFEDERATE OWNERS
THE 400,000 ACRES OF LAND. WHERE IS OUR 40 ACRES AND A MULE?
THE CONTROL AND EXPORTATION OF ONE HUMAN BEING BY
122
NYS ASSEMBLY JUNE 8, 2023
ANOTHER STILL REMAINS. JUST LOOK AT THE BILLS THAT WE'RE STILL FIGHTING FOR,
BILLS THAT WE ARE FIGHTING TO PASS TODAY, SOME OF WHICH WE HAVE TO
CONTINUE TO FIGHT FOR. WE'RE FIGHTING FOR BILLS TO RECTIFY HOUSING
DISCRIMINATION, HEALTH DISPARITIES, AGAIN, UNEQUAL PAY, VOTER
SUPPRESSION, POLICE BRUTALITY, DISPROPORTIONATE RATES OF INCARCERATION.
WE ARE FIGHTING EVERY DAY. AND VERY OFTEN, WE HAVE TO GO TO COURT.
WE GOT TO GO TO COURT JUST TO GAIN ACCESS TO BASIC FUNDAMENTAL HUMAN
RIGHTS. AND YET, WHERE ARE THOSE REMEDIES THAT COMES WITH THESE BASIC
FUNDAMENTAL HUMAN RIGHTS? WE'RE ALWAYS ARGUING THE 14TH
AMENDMENT, EQUAL PROTECTION CLAUSE, OVER AND OVER AGAIN.
ONE OF THE BIGGEST BATTLES I'VE BEEN FIGHTING FOR SOME
TIME, SINCE I JOINED THE ASSEMBLY, IS FOR MINORITY- AND
WOMEN-OWNED BUSINESSES TO GET THEIR FAIR SHARE OF RESOURCES. AND
ITS RESOURCES THAT HAS BEEN STRIPPED AWAY FROM US, AND IT'S BEEN MIND-
BOGGLING BECAUSE WE'RE FIGHTING OUR OWN RESOURCES HERE IN THE COURTS.
PROPERTY AND RESOURCES THAT WERE OWNED AND STRIPPED FROM US, WE'VE
BEEN RAPED ECONOMICALLY. AND WE CONTINUE TO BE RAPED ECONOMICALLY.
A NATION THAT FORGETS ITS PAST HAS NO FUTURE. WHERE IS MY 40 ACRES AND
A MULE?
MR. SPEAKER, THIS COMMISSION IS MUCH NEEDED,
REPARATIONS WERE OFFERED TO SO MANY OTHER GROUPS WHILE BLACK PEOPLE
WHO WERE ENSLAVED, PEOPLE WHO ENDURED EXTREME PHYSICAL AND
PSYCHOLOGICAL ABUSE, FORCED LABOR AND DENIAL OF BASIC HUMAN RIGHTS,
PEOPLE WHO ARE OFTEN SUBJECTED AND CONTINUE TO BE SUBJECTED TO BRUTAL
PUNISHMENTS, RESTRICTED FROM EDUCATION AND LIVE IN SQUALOR CONDITIONS,
123
NYS ASSEMBLY JUNE 8, 2023
NEVER GOT THOSE REPARATIONS, THOSE RIGHTS. SLAVERY WAS AN OPPRESSIVE
AND EXPLOITIVE SYSTEM THAT AMEND THE LABOR OF ENSLAVED PEOPLE FOR
ECONOMIC GAIN. WE NEED RESTITUTION, WE NEED REPARATION. WE NEED
COMPENSATION. YES, WE NEED LAND GRANT, WE NEED SOCIAL SERVICES, WE
NEED OUR 40 ACRES AND A MULE, AND WE NEED AN APOLOGY. IN THE NAME
OF OUR ANCESTORS, I WANT TO THANK THE SPONSOR OF THIS BILL, AND I SUPPORT
THIS BILL, MR. SPEAKER. THIS BILL WILL ACKNOWLEDGE THE FUNDAMENTAL
INJUSTICE, CRUELTY, BRUTALITY AND INHUMANITY OF SLAVERY IN THE CITY OF
NEW YORK AND THE STATE OF NEW YORK, AND THIS BILL WILL ESTABLISH THAT
NEW YORK STATE WILL HAVE A COMMUNITY COMMISSION ON REPARATIONS TO
REMEDY AND TO EXAMINE THE INSTITUTION OF SLAVERY AS IT IMPACTS TODAY ON
BLACKS AND TO MAKE RECOMMENDATIONS ON APPROPRIATE REMEDIES TO
FINALLY LEVEL THE PLAYING FIELD OF 400 YEARS LATER. THOSE THAT FAIL TO
LEARN FROM HISTORY, ARE DOOMED TO REPEAT IT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER.
ON THE BILL.
I KNOW THAT WE'VE SPENT A GREAT DEAL OF TIME ON THIS
ISSUE AND PEOPLE MIGHT SAY WE'RE NEAR THE END OF SESSION AND WHY,
WHY ARE WE GOING ON ABOUT THIS ISSUE, AND I HAVE TO SAY, WE'VE
DISCUSSED THIS IN THE PAST AND WE SHOULD BE BEYOND THIS AT -- AT THIS
POINT. WE SHOULD HAVE A TRUTH AND RECONCILIATION COMMISSION, WE
SHOULD BE ABLE TO HEAR THE TRUTH AND UNDERSTAND OUR OWN HISTORY AND
THE PAIN THAT HAS BEEN EXPERIENCED BY A SIGNIFICANT PART OF OUR
POPULATION. AND IT -- THE CIVIL WAR, IF YOU FOLLOW HISTORY, THE CIVIL
124
NYS ASSEMBLY JUNE 8, 2023
WAR WAS JUST UNBELIEVABLY BRUTAL, BUT IT WAS FOUGHT BECAUSE SLAVERY
WAS IMMORAL AND EVIL. AND AFTER THE WAR AND MAYBE THINGS MIGHT
HAVE BEEN DIFFERENT IF THE LOSERS WOULD HAVE ACCEPTED THAT LOSS, BUT
THEY DIDN'T. AND SO INSTANTLY, WE WOUND UP WITH AN ATTEMPT TO REBUILD
THE SAME SYSTEM OF OPPRESSION. AND AS A FEMINIST, WE LOOK BACK AT
WHEN WOMEN GOT THE VOTE AND WE CELEBRATE THAT, IT WAS IN 1919 AND IT
WAS WONDERFUL. WELL, IN 1921 THE TULSA GREENWOOD MASSACRE
OCCURRED. THAT'S NOT ANCIENT HISTORY. THAT WAS WHITE PEOPLE IN
OKLAHOMA DECIDING THAT BLACK PEOPLE HAD TOO MUCH AND THEY DECIDED
THEY WERE GOING TO DESTROY THEIR COMMUNITY AND KILL A BUNCH OF BLACK
PEOPLE. THAT IS NOT ANCIENT HISTORY.
AFTER WORLD WAR II, PEOPLE -- VETERANS, WERE GIVEN AN
OPPORTUNITY THROUGH THE GI BILL AND THROUGH MORTGAGE, ACCESS TO
MORTGAGE SUPPORT. THAT REALLY ONLY WENT, PRETTY MUCH, THE MORTGAGE
SUPPORT AND THE HOUSING SUPPORT PRETTY MUCH WENT TO WHITE VETERANS.
AND I REMEMBER LISTENING TO CHARLIE WRANGLE SAY, HE WENT UP TO THE --
AFTER HE SERVED IN THE KOREAN WAR, HE WENT UP TO GET SOME SUPPORT
FROM THE VETERANS' ADMINISTRATION AND THEY SUGGESTED HE COULD BE A
TAXI DRIVER. AND HE SAID I WANT TO GO -- I WANT TO GO TO COLLEGE AND I
WANT TO GO TO LAW SCHOOL, AND I WANT TO BE A LAWYER. BUT THEY WERE
LIKE, YOU KNOW WHAT? BEING A TAXI DRIVER IS A GOOD JOB AND A SOLID
MIDDLE-CLASS JOB. AND HE SAID, YOU KNOW, I ACTUALLY THINK I'D LIKE TO
GO TO COLLEGE AND I'D THINK I'D LIKE TO GO TO LAW SCHOOL, AND HE
PERSEVERED AND OF COURSE HE BECAME A MEMBER OF CONGRESS. BUT I
DON'T KNOW THAT SOMEONE SIMILARLY SITUATED WHO HAD SAID, YOU KNOW
125
NYS ASSEMBLY JUNE 8, 2023
I'D LIKE TO GO TO COLLEGE, WOULD HAVE BEEN TOLD, YOU KNOW, YOU'RE BETTER
OFF BEING A CAB DRIVER.
AND I THINK THE OPERATIVE WORD THAT I KEPT HEARING
THROUGH THE -- THE AFTERNOON WAS WHEN MY PEOPLE CAME HERE, CAME.
THEY CHOSE. THEY MAY HAVE COME, THEY MAY HAVE FELT BETTER, I WALK
ACROSS RUSSIA AND WALK ACROSS EUROPE AND GET IN A REALLY DIRTY, CRAPPY
BOAT SOMEHOW AND COME OVER HERE AND BE TREATED PRETTY CRAPPILY,
WHETHER THEY WERE IRISH OR JEWISH OR WHATEVER. AND THEY HAVE FACED
DISCRIMINATION OF A SORT FOR AWHILE. BUT THEY WEREN'T, AS OTHER
COLLEAGUES HAVE POINTED OUT, CHAINED IN THE BASE OF THE BOAT AND
STRIPPED OF THEIR HUMANITY. SO -- AND, AND IN FACT, YOU KNOW, IN THE
LAST CENTURY, YES, PEOPLE WERE STRIPPED OF THEIR HUMANITY IN THE
HOLOCAUST, AND GERMANY HAS SPENT A LONG TIME TRYING TO MAKE UP FOR
THAT. AND, THEY HAVE SOUGHT TO PROVIDE FAMILIES WITH THE STOLEN GOODS
THAT WERE TAKEN BY THE NAZIS. AND THAT HAS BEEN -- THAT REPARATION HAS
BEEN ONGOING. AND I DON'T THINK ANYBODY OBJECTS TO THAT. AND I DON'T
WANT US TO OBJECT TO A TRUTH AND RECONCILIATION CONVERSATION SO THAT WE
CAN FIGURE OUT HOW FINALLY THIS COUNTRY CAN MOVE FORWARD, CAN MOVE
PAST AND CAN PURGE ITSELF OF THE SIN OF SLAVERY THAT WE SEE REPEATED
THROUGH OUR NOT THAT DISTANT HISTORY. AND FRANKLY, I'M OFFENDED WHEN I
SEE CONFEDERATE FLAGS, I'M OUTRAGED. AND PEOPLE WHO -- YOU KNOW I
SAID THE OTHER DAY IN RELATION TO THE LGBTQ COMMUNITY, THAT WE
SHOULDN'T BE THE ONLY ONES TO STAND UP AND SAY THAT ATTACKS ON MY
COMMUNITY IS WRONG. SO I FEEL THAT OBLIGATION TO STAND UP FOR OTHER
COMMUNITIES THAT HAVE BEEN WRONGED, AND CONTINUE TO BE WRONGED.
126
NYS ASSEMBLY JUNE 8, 2023
AND I DON'T UNDERSTAND, YOU KNOW, I'M A NEW YORKER, THE NORTH FOUGHT
AGAINST SLAVERY, WE HAD STOPPED SLAVERY, ALREADY, SORT OF, BUT IN EVERY
LITTLE TOWN UPSTATE, THERE'S A -- THERE'S A MONUMENT TO PEOPLE WHO
FOUGHT IN THE CIVIL WAR, SOMETIMES AND SOME OF THE OLDER, IT MAY BE A
REVOLUTIONARY WAR, BUT THERE IS A MONUMENT TO PEOPLE WHO SERVED IN
THE WAR, THE CIVIL WAR, THE FIRST WORLD WAR, THE SECOND WORLD WAR. I
DON'T UNDERSTAND HOW PEOPLE WHO GO TO THE TOWN SQUARE AREN'T
OFFENDED BY THEIR NEIGHBORS WHO FLY A CONFEDERATE FLAG WHEN THEIR
ANTECEDENTS DIED FIGHTING AGAINST SLAVERY. I DON'T GET THAT.
SO I BELIEVE IN MY HEART THAT THIS IS A MODEST
APPROACH, A REASONABLE AND A MODEST APPROACH FOR EVERYONE TO HAVE
THEIR SAY. I DON'T NEED TO PICK WHO'S ON THE COMMISSION. I BELIEVE IT'S
AN OPPORTUNITY FOR THE COMMISSION TO HEAR FROM EVERYBODY REGARDLESS
OF WHETHER THEY'RE LEFT, RIGHT, GAY, STRAIGHT, BLACK, WHITE, OR ANY OTHER
SHADE. PEOPLE WILL BE ABLE TO HAVE THEIR SAY, BUT IN THE END, WE MUST
MOVE PAST THIS BECAUSE WE CAN'T LEAVE THIS FOR THE NEXT GENERATION TO
CONTINUE WHAT HAS GONE BEFORE BECAUSE IT IS A MORAL IMPERATIVE THAT
WE CHANGE THE COURSE OF OUR SOCIETY ONCE AND FOR ALL. OTHER COUNTRIES
HAVE DONE THIS, IT'S NOT ROCKET SCIENCE. IT JUST REQUIRES PEOPLE TO
UNDERSTAND THAT IT DOESN'T TAKE ANYTHING AWAY FROM YOU, DOESN'T TAKE
ANYTHING AWAY FROM YOU TO FACE TRUTH AND TO HEAL FROM THE EVIL OF OUR
HISTORY. THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
127
NYS ASSEMBLY JUNE 8, 2023
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED, BUT WE DO HAVE MEMBERS THAT WILL BE
SUPPORTING IT AND WILL BE VOTING HERE ON THE FLOOR IN FAVOR OF THIS BILL.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS VERY,
VERY POSITIVE PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME
EXCEPTIONS. IF THEY CHOOSE TO DO SO, THEY SHOULD FEEL FREE TO DO SO AT
THEIR SEAT.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BROOK-KRASNY TO EXPLAIN HIS VOTE.
MR. BROOK-KRASNY: THANK YOU, MR. SPEAKER. I
KNOW IT'S GOING TO BE 2 O'CLOCK IN THE MORNING --
ACTING SPEAKER AUBRY: ONE MINUTE. PLEASE,
GENTLEMEN.
MR. BROOK-KRASNY: ONE MINUTE, YES. ONE
MINUTE.
ACTING SPEAKER AUBRY: GENTLEMEN.
128
NYS ASSEMBLY JUNE 8, 2023
MR. BROOK-KRASNY: I'M GOING TO BE VERY
CONCISE. I CAME HERE 35 YEARS AGO FROM THE OTHER SIDE OF THE GLOBE.
SO I CANNOT BE A PART OF THE PROBLEM THAT WE'RE DISCUSSING HERE ALL DAY
LONG. BUT I WANT TO BE A PART OF THE SOLUTION, BUT I CAN'T BE BECAUSE I'M
A MEMBER OF THE MINORITY AND THIS IS A PARTISAN BILL. MR. SPEAKER, I
STRONGLY BELIEVE THAT PARTISAN BILLS WON'T BE ABLE TO MOVE OUR STATE
FORWARD. I WILL VOTE FOR THIS COMMISSION BUT THIS COMMISSION WILL
BECOME A BIPARTISAN COMMISSION. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. BROOK-KRASNY IN
THE NEGATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. FIRST AND
FOREMOST, I WANT TO THANK MY COLLEAGUES ON BOTH SIDES OF THE AISLE FOR
THIS DEBATE, WHICH HAS BEEN RESPECTFUL, EVEN THOUGH WE SOMETIMES
HAVE VERY, VERY STRONG FEELINGS. AND IT IS A TRIBUTE TO THIS LEGISLATURE
THAT WE CAN HAVE A THOUGHTFUL AND RESPECTFUL DISCUSSION AND DEBATE ON
A DIFFICULT ISSUE. FOR THAT, I AM VERY THANKFUL.
SECOND, I WANTED TO FOCUS ON WHERE WE HAVE, I THINK,
CERTAINLY BIPARTISAN AND I THINK UNANIMOUS AGREEMENT. EVERYONE IN
THIS CHAMBER ON BOTH SIDES OF THE AISLE, AT LEAST I THINK, ARE FULLY
COMMITTED TO ENSURING THAT EVERY NEW YORKER HAS A FAIR AND EQUAL
OPPORTUNITY TO SUCCEED IN LIFE, TO MAXIMIZE THEIR HUMAN POTENTIAL.
AND I KNOW THAT ALL OF US ARE COMMITTED TO ENSURING THAT AS WE MOVE
FORWARD THAT WE ADDRESS IN A STRONG AND COMPASSIONATE WAY ANY
IMPEDIMENTS TO ANYONE ACHIEVING THEIR MAXIMUM POTENTIAL. THE
129
NYS ASSEMBLY JUNE 8, 2023
CONCERN THAT I AND SOME OTHERS HAVE IS THAT THIS BILL FOCUSES IN PART ON
WHAT WE CAN DO MOVING FORWARD, FOR WHICH I HAVE COMPLETE SUPPORT.
BUT IN PART, IN LOOKING BACKWARDS. AND I SUPPORT LOOKING BACKWARDS
TO THE EXTENT IT HELPS US UNDERSTAND HOW WE NEED TO MOVE FORWARD, BUT
OUR FOCUS SHOULD ALWAYS BE FORWARD. AND THE CALL FOR REPARATIONS
CREATES THAT CHALLENGE FOR SEVERAL OF US.
THANK YOU, MR. SPEAKER, AND AGAIN, THANK YOU TO ALL
MY COLLEAGUES.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. STECK TO EXPLAIN HIS VOTE.
MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER.
AS A CIVIL RIGHTS ATTORNEY, I MUST STATE THAT THE CONCEPT OF REPARATIONS
IS WELL ESTABLISHED IN INTERNATIONAL LAW. GERMANY PAYS REPARATIONS TO
JEWISH VICTIMS OF THE HOLOCAUST. IN ARGENTINA, REPARATIONS ARE PAID TO
VICTIMS OF THE MILITARY DICTATORSHIP. THOSE ARE JUST TWO EXAMPLES. IT IS
IMPORTANT NOT TO BLOW THIS BILL OUT OF PROPORTION FOR POLITICAL PURPOSES.
THIS SHOULD BE A STUDY OF REPARATIONS FOR VICTIMS OF NEW YORK SLAVERY,
NOT A STUDY OF REPARATIONS FOR ALL VICTIMS OF SLAVERY EVERYWHERE IN THE
UNITED STATES OR THE WESTERN HEMISPHERE. WE ALSO HAVE TO EXAMINE
HOW WE ARE TREATING NATIVE AMERICANS WHO ARE VICTIMS OF GENOCIDE
AND INTENSE DISCRIMINATION.
HISTORY UNFORTUNATELY IS UGLY. WE ONLY HAVE TO LOOK
AT UKRAINE TO KNOW THAT. PERSONALLY, I BELIEVE THE BEST WAY TO DEAL
WITH THESE ISSUES IS NEW DEAL-TYPE SOCIAL DEMOCRATIC PROGRAMS THAT
130
NYS ASSEMBLY JUNE 8, 2023
BENEFIT ALL OUR CITIZENS NOW AND IN THE FUTURE. I VERY MUCH LOOK
FORWARD TO THAT DAY BECAUSE AS MARTIN LUTHER KING SAID, EQUAL
OPPORTUNITY IS NOT ENOUGH. INTERNATIONAL LAW FAVORS THIS BILL, AND I
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. STECK IN THE
AFFIRMATIVE.
MS. SHIMSKY TO EXPLAIN HER VOTE.
MS. SHIMSKY: THANK YOU, MR. SPEAKER. AS A PHD
IN HISTORY I'D BE GUILTY OF PROFESSIONAL MALPRACTICE IF I DID NOT STAND UP
ON THIS ONE. CULTURES AND ASPECTS THEREOF SURVIVE THROUGH GENERATIONS.
BLACK CHATTEL SLAVERY CREATED AN UNPARALLEL LEVEL OF INSTITUTIONAL
DEHUMANIZATION OVER MULTI-GENERATIONAL PERIODS OF TIME. BUT JUST AS
MONSTROUS WAS THE METASTIZATION OF THOSE ATTITUDES INTO THE WHITE
SUPREMACY THAT HAS SURVIVED TODAY. EVEN IF OUR ANCESTORS WERE NOT
HERE FOR SLAVERY, OUR ANCESTORS WERE HERE FOR THIS, AND MANY OF OUR
ANCESTORS TOOK PART AND BENEFITTED FROM IT. AND IF MY COLLEAGUES WHO
TESTIFIED FIRSTHAND OF THE MANY, MANY, DIFFERENT WAYS THAT RACISM STILL
EFFECTS INDIVIDUALS AND THE SOCIETY TODAY, PEOPLE SHOULD GO BACK AND
LOOK AT THE BLACK MATERNAL HEALTH RESOLUTION DISCUSSION FROM SEVERAL
WEEKS AGO, IF THEY HAVE THE STOMACH TO DO IT. IF I'M NOT COMPETENT TO
TALK FIRSTHAND ABOUT THOSE THINGS, I CAN REFER TO TODAY'S EFFORTS TO CREATE
NEW GENERATIONS OF RACISTS BY ATTEMPTING TO CONCEAL THE HISTORY AND THE
CURRENT EVENTS WE TALKED ABOUT TODAY. AND TO TALK ABOUT A RECENT
PRESIDENT OF THE UNITED STATES WHO TRIED HIS DAMNDEST AND SUCCEEDED
TO A LARGE EXTENT TO MAKE RACISM AND OTHER FORMS OF BIGOTRY
131
NYS ASSEMBLY JUNE 8, 2023
FASHIONABLE. WE HAVE A LOT TO UNRAVEL IN THIS COUNTRY BUT UNRAVEL IT WE
MUST TO MAKE THE LIVES OF MILLIONS OF OUR NEIGHBORS BETTER AND TO OUR
MAKE OUR SOCIETY BETTER. THIS LEGISLATION AS IT'S BEEN SAID, EVERYBODY
CAN NITPICK, BUT THIS LEGISLATION IS A GOOD START AND I AM PROUD OF THIS
STATE FOR MOVING FORWARD WITH IT. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE
AFFIRMATIVE.
MR. MAHER.
MR. MAHER: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. I AM NOT BLACK, BUT I HAVE A PERSPECTIVE AND I HAVE A
STORY. I AM THE SON OF AN AMAZING MOTHER WHO AT THE AGE OF FIVE CAME
TO THE BRONX FROM PUERTO RICO WITH MY GRANDMOTHER WHO REALLY COULD
BARELY SPEAK ENGLISH AND STILL HAS A TOUGH TIME. MY MOTHER MOVED US
AND MY FIVE BROTHERS AND SISTERS UP WHEN I WAS SIX MONTHS OLD TO
BALDWIN, TOWN OF MONTGOMERY, UPSTATE NEW YORK. SHE WAS ONE OF
THE FIRST HISPANICS, PEOPLE OF COLOR TO -- TO MOVE UP THERE. AND AS A
YOUNG PERSON, I REMEMBER MY MOTHER BEING TREATED A CERTAIN WAY FOR
THE WAY THAT SHE LOOKED AND THE WAY THAT SHE TALKED. AND I
SPECIFICALLY REMEMBER THE LOOK ON A PERSON'S FACE; IT WAS A SMIRK, IT
WAS A TREATMENT AND MY MOTHER HAD SUCH AN EMBARRASSED LOOK ON HER
FACE, AND AS A YOUNG PERSON YOU DON'T REALLY GET IT. WHEN YOU GET
OLDER, YOU START TO. BUT THE ONE THING I NEVER FORGOT WAS HOW ANGRY
THAT MADE ME, AND THAT ANGER IS SOMETHING THAT ALWAYS OVERCAME ME
AND THAT WAS MY PERSPECTIVE. I BELIEVE THAT THIS ABSOLUTELY SHOULD
HAVE BIPARTISAN REPRESENTATION WHETHER WE HAVE A REPRESENTATIVE ON
132
NYS ASSEMBLY JUNE 8, 2023
OUR SIDE OF THE AISLE THAT IS A PERSON OF COLOR OR NOT. I THINK THAT
PERSPECTIVE IS IMPORTANT IN TERMS OF THE INFORMATION THAT WE NEED TO
COLLECT AS PART OF THIS COMMISSION. MY VOTE TODAY ISN'T SPECIFICALLY
BECAUSE I BELIEVE EVERY SINGLE THING HERE IN THIS BILL, BUT REALLY IT'S AN
ACKNOWLEDGEMENT. THE SPONSOR OF THE BILL USED THAT WORD, SO THANK
YOU FOR YOUR ACKNOWLEDGEMENT TO ONE OF MY COLLEAGUES. AND ONE
THING THAT I HAVE LEARNED FROM THE BLACK COMMUNITY THAT I REPRESENT
HERE IN THE NEW YORK STATE ASSEMBLY IS THAT THEY APPRECIATE THAT.
AND I JUST WANT TO END BY SAYING OUR MAJORITY LEADER SAID SOMETHING
THAT REALLY STRUCK ME, AND I REALLY APPRECIATE IT SO MUCH ON WHAT ONE OF
MY COLLEAGUES HAD TO SAY, SHE SAID OUR FOUNDING FATHERS MAYBE
COULDN'T HAVE IMAGINED THAT SHE'D BE HERE TODAY, BUT I'D LIKE TO BELIEVE
THAT SOME OF THEM VERY MUCH DID AND THAT'S HOW GREAT OUR COUNTRY HAS
THE POTENTIAL OF BEING. SO MY VOTE TODAY IS IN THE AFFIRMATIVE AND I
WILL SUPPORT THIS NOT BECAUSE IT'S PERFECT, BUT BECAUSE I BELIEVE THAT WE
NEED TO CONFRONT THIS PROBLEM AND NOT LEAD WITH FEAR --
ACTING SPEAKER AUBRY: MR. -- MR. MAHER --
MR. MAHER: THANK YOU, MR. SPEAKER.
ACTING SPEAKER: MR. MAHER IN THE AFFIRMATIVE.
THANK YOU.
MR. ANGELINO TO EXPLAIN HIS VOTE.
MR. ANGELINO: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. AND IF EVER A VOTE NEEDED AN EXPLANATION THIS IS THE
ONE. THE -- THE REASON THAT I CAN'T SUPPORT THIS IS BECAUSE IT DOESN'T
INCLUDE A MINORITY APPOINTMENT FROM THIS SIDE OF THE AISLE. THE WORD
133
NYS ASSEMBLY JUNE 8, 2023
COMMUNITY IS RIGHT IN THE TITLE OF THE -- THE -- THE ACT THAT WE'RE VOTING
ON TODAY, AND THE -- THE COMMUNITY AS A WHOLE SHOULD BE INCLUDED IN
THIS. AND WHILE WE'RE TALKING ABOUT COMMUNITIES, THE COMMUNITY I
LIVE IN HAS A PARTICULARLY NICE BLACK FAMILY, A BEAUTIFUL BLACK FAMILY;
IT'S A MOM, IT'S TWO DAUGHTERS AND A SON. THERE IS NO DAD BECAUSE MY
BROTHER DIED. AND IF YOU DON'T THINK BEING A POLICE OFFICER IN A SMALL
TOWN WITH BLACK RELATIVES DIDN'T CROSS PATHS, YOU GOT ANOTHER THING
COMING, BECAUSE I KNOW OFFICERS WERE OUT THERE AND MY NIECES AND
NEPHEWS WOULD TELL ME. AND I THINK THERE WAS A FEW SHOCKED FACES ON
A POLICE OFFICER WHEN WE LOOKED AT SOMEBODY'S ID AND IT MATCHED THEIR
BOSS'S NAME. I THINK IT'S A MISTAKE TO NOT HAVE SOMEBODY FROM THE
MINORITY PARTY REPRESENTED OR AN APPOINTMENT TO THIS COMMISSION.
YOU DON'T KNOW WHO YOU'RE GOING TO GET, YOU MIGHT GET SOMEBODY
VERY OPEN-MINDED AND I WOULD ASK THAT BEFORE THE COMMISSION IS
APPOINTED TO CONSIDER THIS. BUT FOR RIGHT NOW, I WOULD LIKE TO SUPPORT
THIS, BUT I DON'T THINK YOU'RE GETTING THE WHOLE COMMUNITY'S INPUT INTO
THIS. SO I'LL BE VOTING NO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. ANGELINO IN THE
NEGATIVE.
MR. LAVINE.
MR. LAVINE: SO LET ME -- LET ME CORRECT THE RECORD
WITH RESPECT TO TWO IMPORTANT FACTORS. THE BILL DOES NOT PRECLUDE THE
APPOINTMENT OF PEOPLE TO THE COMMISSION WHO ARE NOT DEMOCRATS. IT
DOES NOT. SECONDLY, SEVERAL HAVE REFERENCED THE CIVIL WAR, THAT THE
CIVIL WAR WAS FOUGHT TO END SLAVERY. THAT'S NOT THE WAY THE CIVIL WAR
134
NYS ASSEMBLY JUNE 8, 2023
BEGAN. THE CIVIL WAR BEGAN BECAUSE SOUTH CAROLINIANS HAD FIRED ON
FORT SUMPTER AND BECAUSE SOUTHERN STATES DECIDED TO SECEDE. WHEN
LINCOLN WAS FIRST INAUGURATED, HE SPOKE OF THE MYSTIC CHORDS OF
MEMORY, MEANING EMOTIONAL RESPONSES THAT PEOPLE HAVE. THE WAR
WAS ALREADY RAGING AT THAT TIME. I'VE HEARD A LOT OF DEBATES ON THIS
FLOOR. I DON'T THINK I HAVE EVER HEARD PEOPLE ADVOCATE FOR A BILL.
PEOPLE WHOSE FAMILIES HAD SUFFERED. I HAVE NEVER HEARD PEOPLE
ADVOCATE WITH A GREATER SENSE OF GRACE. I'M GOING TO BE VERY HONORED
TO VOTE IN FAVOR OF THIS BILL, ESPECIALLY AT A TIME WHEN SOME OF OUR
SISTER STATES, WHEN IT'S TEXAS, WHEN IT'S FLORIDA, CAN'T EVEN TEACH
RECONSTRUCTION IN THOSE STATES ANYMORE AND THERE ARE MORE AND MORE
BILLS BEING OFFERED IN STATE LEGISLATURES THAT ROB US NOT SIMPLY, NOT ONLY
OF WHAT WE WOULD CONSIDER BLACK HISTORY, THIS IS AMERICAN HISTORY, IT
IS THE HISTORY OF ALL OF US.
(APPLAUSE)
AND WE BETTER STAND UP AND THAT'S WHY I AM HAPPY
AND HONORED TO VOTE FOR THIS BILL. AND AGAIN, TO ALL THE ADVOCATES, I
HAVE NEVER EVER HEARD MORE GRACE EXHIBITED IN THIS ROOM. THANK YOU.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MS. CHANDLER-WATERMAN.
MS. CHANDLER-WATERMAN: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS BILL TODAY. THANK YOU TO THE
SPONSOR ON THIS BILL. WE ARE OUR ANCESTORS WILDEST DREAMS. OUR
ANCESTORS ARE WATCHING DOWN AND THEIR BLESSINGS GUIDE US AS WE DO THE
135
NYS ASSEMBLY JUNE 8, 2023
PEOPLE'S WORK. I AM SO HONORED TO STAND HERE WITH MY COLLEAGUES THAT
ARTICULATED VERY WELL THE SENTIMENTS OF OUR PEOPLE'S STRUGGLE AND
CONTINUED STRUGGLE. I STAND WITH MY FELLOW COLLEAGUES TO ACKNOWLEDGE
A CONVERSATION THAT'S TOUGH TO THOSE ONLY THAT DO NOT WANT TO HAVE THE
CONVERSATION. THE FUNDAMENTAL INJUSTICE, CRUELTY, BRUTALITY IN
HUMANITY OF SLAVERY IN THE CITY OF NEW YORK AND THE STATE OF NEW
YORK HAS HAD A GENERATIONAL LEGACY WHICH HAVE HAD A DEVASTATING
IMPACT ON OUR HOUSING, EDUCATION, FOOD DISPARITIES, CRIMINAL JUSTICE
SYSTEM AND OUR EVERYDAY LIVES. WE HAVE A CHANCE TO ACQUIRE WHAT'S
RIGHTFULLY OURS. AS LEGISLATORS WE HAVE THE OPPORTUNITY TO CREATE A
DISCOURSE OF CHANGE FOR THE BETTER. THIS BILL IS TO FORM A COMMISSION
OF REPARATION TO EXAMINE THE INSTITUTION OF SLAVERY AND THE INJUSTICE AND
HUMANITY OF OUR PEOPLE. THIS BILL I AGREE IS NOT PERFECT, BUT WE NEED TO
START SOMEWHERE. HAD IT NOT BEEN FOR THE STRENGTH OF OUR ANCESTORS, I
WOULD NOT BE SITTING HERE TODAY IN THE PEOPLE'S HOUSE AS THE FIRST BLACK
WOMAN TO REPRESENT DISTRICT 58. I STAND IN THE AFFIRMATIVE NOT ONLY FOR
THE SAKE OF THOSE HERE, BUT FOR MY CHILDREN AND MY CHILDREN'S CHILDREN.
I END WITH THIS, SANKOFA: IN ORDER TO MOVE FORWARD, WE HAVE TO
ADDRESS THE PAST. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU. MS.
CHANDLER-WATERMAN IN THE AFFIRMATIVE.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. YOU KNOW, I'M PROUD TO COSPONSOR THIS BILL AND TO
UNDERSTAND OUR HISTORY AND THE WORLD WE HAVE TO REALLY REVIEW IT,
136
NYS ASSEMBLY JUNE 8, 2023
UNDERSTAND IT AND HOLD -- HOLD OURSELVES ACCOUNTABLE, AND THAT'S ALL THIS
BILL IS DOING. NOW OBVIOUSLY THE HISTORY OF SLAVERY IS SOMETHING THAT
WE ALL KNOW. THE ISSUES OF SLAVERY AND JIM CROW CONTINUE TO EXIST IN
OUR SOCIETY TODAY AND IT'S OUR OBLIGATION AS NEW YORKERS TO REALLY
DELVE INTO THIS AND FIGURE OUT WHAT OUR RESPONSIBILITY IS GOING FORWARD.
I WANT TO APPLAUD THE SPONSOR FOR HER LEADERSHIP AND EXCITED TO VOTE IN
FAVOR OF THIS BILL AND LOOK FORWARD TO THE REPORT THAT COMES BACK FROM
THE COMMISSION TO FORCE NEW YORK TO DO WHAT'S RIGHT TO DEAL WITH THE
HISTORY AND THE ABOMINATION OF SLAVERY IN OUR STATE AND IN OUR COUNTRY.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, THANK YOU FOR
ALLOWING ME TO EXPLAIN MY VOTE. WITH ALL THE REASONS THAT HAVE BEEN
SAID IN THIS CHAMBER TODAY, I JUST WANT TO BE MINDFUL THAT WE ARE
DEALING WITH ATTACKS ON COLLEGE ADMISSION, BANNING OF BOOKS, BANNING
OF CURRICULAR ACROSS THIS COUNTRY AND SO I REALLY HOPE THAT MY
COLLEAGUES WHO ARE OPPOSED TO THIS ARE THE SAME ONES WHO WILL STAND
UP IN ROOMS ALL OVER THIS STATE AND PUSH BACK AGAINST NARRATIVES THAT DO
NOT EDIFY THIS BODY AS THEY CLAIM.
SO TO THE SPONSOR, I THANK YOU FOR THIS COMMISSION
BECAUSE HISTORY WILL ONLY WILL REPEAT ITSELF IF WE DON'T UNDERSTAND WHAT
REAL HISTORY LOOKS LIKE IN THIS COUNTRY, IN THIS STATE. SO WITH THAT, I
WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE. THANK YOU.
137
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE
AFFIRMATIVE.
MR. NOVAKHOV.
MR. NOVAKHOV: THANK YOU, MR. SPEAKER. TODAY
IS MY 60TH DAY IN THIS ASSEMBLY AND IT HAS BEEN THE MOST DIFFICULT AND
THE MOST EMOTIONAL ONE. FIRST OF ALL, I WOULD LIKE TO THANK EVERYONE
WHO SPOKE TODAY ON THIS BILL. AGAIN, IT WAS VERY EMOTIONAL AND, YOU
KNOW ONCE I -- I'M A JEWISH AND JEWISH PEOPLE WAS IN SLAVERY FOR 210
YEARS IN EGYPT, FOR 210 YEARS. I JUST WOULD LIKE TO ASK MY COLLEAGUES
WHEN YOU WILL BE FORMING THE COMMISSION, I THINK THERE'S SOME PEOPLE
FROM THIS SIDE OF THE AISLE WHO DESERVE TO BE IN THIS COMMISSION
BECAUSE SLAVERY AND HATE AND IT DOESN'T HAVE A COLOR, IT DOESN'T HAVE A
COLOR, REALLY. THANK YOU SO MUCH. I'M IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SEPTIMO TO
EXPLAIN HER VOTE.
MS. SEPTIMO: THANK YOU. FIRST, I WOULD LIKE TO
COMMEND THE SPONSOR AND THE SPEAKER FOR THE HERCULEAN EFFORT THAT HAS
GONE INTO BRINGING THIS BILL TO THE FLOOR AND TO A VOTE AND TO PASSING
THIS INCREDIBLE PIECE OF LEGISLATION THAT IS REALLY ABOUT THE FUTURE OF
NEW YORK. WE'VE HEARD SO MUCH ABOUT THE PAST AND WHY THIS BILL IS
IMPORTANT AND SO MANY OF THE WRONGS THAT WE ARE LOOKING TO CORRECT BY
STUDYING THE EFFECTS OF SLAVERY. BUT WE HAVE TO RECOGNIZE THAT THE
IMPORTANCE OF THIS LEGISLATION IS THAT IT IS CHARTING THE FUTURE OF NEW
YORK IN THAT IT IS SAYING WE WILL NOT BE A PLACE WHERE WE RUN FROM
RESPONSIBILITY, INSTEAD WE WILL RUN TOWARDS IT. WE WILL ACKNOWLEDGE
138
NYS ASSEMBLY JUNE 8, 2023
HARM CAUSED TO THE BLACK COMMUNITY HISTORICALLY AND WE WILL SEEK TO
RECTIFY IT BECAUSE NEW YORK IS A STATE MADE UP OF LEADERS. AND THE
PEOPLE IN THIS ROOM ARE COMMITTED TO LEADING OUR COMMUNITIES
FORWARD IN A WAY THAT IS GENUINELY COMMITTED TO LEVELING THE PLAYING
FIELD FOR ALL COMMUNITIES. IN A WAY THAT RECOGNIZES THAT YOU WILL NEVER
LEVEL A PLAYING FIELD IF YOU DO NOT ACKNOWLEDGE THE HARM THAT HAS BEEN
INFLICTED ON THE BLACK COMMUNITY AND CONTINUES TO BE INFLICTED
THROUGH THE VESTIGES OF SLAVERY LIKE MASS INCARCERATION, LIKE POLICE
BRUTALITY, LIKE REDLINING AND SO MANY OTHER THINGS THAT WE'VE HEARD
ABOUT TODAY. SO I WANT TO THANK EVERY SINGLE ONE OF MY COLLEAGUES FOR
PARTICIPATING IN THIS INCREDIBLY SPECIAL MOMENT AND I HOPE THAT THE REST
OF OUR COLLEAGUES WILL JOIN US ON WHAT WILL BE A LONG JOURNEY IN
MAKING SURE THAT WE ENSURE THAT NEW YORK IS STANDING FOR JUSTICE AND
FOR RESTORATION OF DIGNITY AND RESPECT TO A COMMUNITY THAT HAS BEEN
DENIED IT FOR SO LONG. THANK YOU.
ACTING SPEAKER AUBRY: MS. SEPTIMO IN THE
AFFIRMATIVE.
MR. GALLAHAN.
MR. GALLAHAN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I AGREE WITH MY COLLEAGUES BEHIND
ME ABOUT THE REPRESENTATION ON THIS COMMISSION. AND SINCE I'VE BEEN
IN THIS CHAMBER, EVERY TIME THAT SOMETHING COMES UP FOR A VOTE, A BILL
AND IT DOES NOT INCLUDE AN APPOINTMENT FROM THE MINORITY, I AM ALWAYS
IN THE NEGATIVE, BUT I'VE TALKED TO SEVERAL OF MY COLLEAGUES ON THE OTHER
SIDE OF THE AISLE ABOUT THIS AND A COUPLE TIMES IT'S BEEN CHANGED AND I
139
NYS ASSEMBLY JUNE 8, 2023
VOTED IN THE AFFIRMATIVE. AND WE COULD STOP ALL THIS IF YOU WOULD BRING
MY BILL TO THE FLOOR. BILL 3207 REQUIRES APPOINTEES OF THE MINORITY
LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY TO BE
INCLUDED IN ALL LEGISLATIVELY-ENACTED WORKGROUPS, TASK FORCES,
COMMISSIONS AND COMMITTEES. I HAVE TO DISAGREE WITH ONE OF MY
COLLEAGUES. THERE ARE NO APPOINTMENTS AVAILABLE HERE FROM -- FROM THE
MINORITY. THERE'S THREE APPOINTMENTS BY THE GOVERNOR, THERE'S THREE
APPOINTMENTS BY THE SPEAKER OF THE ASSEMBLY AND THREE APPOINTMENTS
BY THE TEMPORARY PRESIDENT OF THE SENATE. I'M NOT SAYING YOU HAVE TO
PUT A REPUBLICAN IN, BUT LET OUR SIDE DETERMINE WHO SHOULD BE THERE
AND GIVE US THAT OPPORTUNITY, GIVE THE MINORITY THAT OPPORTUNITY.
THEREFORE, I WILL BE VOTING IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MEEKS TO EXPLAIN HIS VOTE.
MR. MEEKS: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. EVERY SO OFTEN I FIND MYSELF REACHING
BACK IN HISTORY AND LOOKING FOR A SENSE OF MOTIVATION, SOMETIMES THAT
COMES BY WAY OF CARTER G. WOODSON AND READING THE MIS-EDUCATION
OF THE NEGRO. AND JUST HERE EARLIER THIS WEEK I DECIDED TO PICK UP A
BOOK, THE NARRATIVE OF FREDERICK DOUGLASS [SIC]. AND IN THIS BOOK, IT
SAYS, FAMILIES TRAPPED IN POVERTY AND SYSTEMIC INJUSTICES. CHILDREN
DENIED CIVIL RIGHTS BECAUSE OF RACE. A NATION WITH IMMENSE POTENTIAL
FOR FREEDOM SPIRALING INTO PREJUDICE, VIOLENCE AND HATE. THE COUNTRY
FREDERICK DOUGLASS KNEW OVER ONE HUNDRED YEARS AGO IS STRIKINGLY
SIMILAR TO THE ONE WE LIVE IN TODAY. THE TRUTH LESSONS AND HOPE HE
140
NYS ASSEMBLY JUNE 8, 2023
OFFERED DURING HIS REMARKABLE LIFETIME NOT ONLY HELPED SHAPE ABRAHAM
LINCOLN'S PRESIDENCY AND THE AMERICAN CIVIL RIGHTS MOVEMENT, THEY
CAN GUIDE AND INSPIRE US IN OUR OWN CULTURAL MOVEMENT. BORN INTO
SLAVERY IN 1818, DOUGLASS ESCAPED TO NEW YORK CITY AT THE AGE OF 20
DETERMINED TO TELL HIS STORY AND FIGHT FOR THE RIGHTS OF ALL MEN AND
WOMEN TO BE FREE.
MR. SPEAKER, I STAND HERE TODAY AS A MODERN DAY
ABOLITIONIST, CONTINUE, COMMITTED TO THE FIGHT AGAINST SLAVERY. MR.
SPEAKER, I STAND HERE TODAY AS AN ASYLUM SEEKER, SIMILAR TO MY
ANCESTORS WHO FLED THE SOUTH FROM TERRORISM, FIGHTING, FLEEING FOR THEIR
LIVES AND FOR THE FUTURE OF FUTURE GENERATIONS. AND WHY I SAY I STAND AS
AN ASYLUM SEEKER, BECAUSE I'M STILL SEEKING THAT SENSE OF SANCTUARY IN
MY COMMUNITY AND THE STATE OF NEW YORK. I FEEL THIS LEGISLATION IS A
START FOR US TO TAKE A REAL LOOK AT THE CHALLENGES THAT PRESENT THEMSELVES
FROM THE PAST AS WELL AS THE FUTURE AND, MR. SPEAKER, I VOTE IN FAVOR OF
THIS LEGISLATION. AGAIN, THANK YOU TO THE SPONSOR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
MEEKS.
MS. LEVENBERG.
MS. LEVENBERG: THANK YOU, MR. SPEAKER. I RISE
TO EXPLAIN MY VOTE. I KNOW I'VE SPOKEN ON THIS FLOOR BEFORE TO SPEAK
ABOUT THAT I AM THE CHILD OF HOLOCAUST SURVIVORS. AND IN FACT, MY
GRANDPARENTS WERE GERMAN AND THEY DID RECEIVE REPARATIONS. THEY
RECEIVED REPARATIONS FROM GERMANY. AND I, ACTUALLY, NOW HAVE THE
BENEFIT OF GERMAN CITIZENSHIP BECAUSE THEY ACKNOWLEDGED
141
NYS ASSEMBLY JUNE 8, 2023
WRONGDOING AND THEY ACKNOWLEDGED THAT THEY HAD STOLEN THE BASE OF
LIFE OUT FROM UNDER THE JEWISH PEOPLE AND OTHERS DURING THE HOLOCAUST.
AND AS A RESULT, THEY WERE WILLING TO MAKE RIGHT BY WHAT THEY HAD DONE
WRONG. AND JUST AS THAT WAS THE TRUTH, I BELIEVE THAT WE NEED TO DO THE
SAME FOR THOSE THAT WE HAVE WRONGED HERE IN THIS COUNTRY AND I'M SO
PROUD TO STAND WITH SO MANY OF MY COLLEAGUES WHO WERE EITHER
DESCENDENTS OF SLAVES OR HAVE BEEN UNFORTUNATELY SUFFERED THE
CONSEQUENCES OF SLAVERY, BIGOTRY, RACISM IN THIS COUNTRY. AND WE NEED
TO DO EVERYTHING THAT WE CAN TO CORRECT THE WRONGS, TO GIVE BACK THE
BASE THAT WASN'T ABLE TO BE BUILT ON FOR THOSE WHO WERE TAKEN FROM
THEIR HOMES, RIPPED FROM THEIR BELONGINGS, BROUGHT TO THIS COUNTRY AND
FORCED TO WORK. WE HAVE A LOT MORE WORK TO DO. THIS IS ONLY THE
BEGINNING. I'M PROUD TO STAND WITH MY COLLEAGUES AND VOTING IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(APPLAUSE)
MS. GONZÁLEZ-ROJAS TO EXPLAIN HER VOTE.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
I WANT TO COMMEND THE SPONSOR AND THE SPEAKER AND ALL THOSE WHO
SUPPORT THIS BILL. AS A NON-BLACK LATINA OF THIS BODY, I UNDERSTAND
THAT ANTI-BLACK RACISM HARMS US ALL. AND IT IS INCUMBENT UPON US, AS
LEADERS, TO ADDRESS THE SCOURGE OF CHATTEL SLAVERY AND ITS IMPACT ON OUR
BLACK NEW YORKERS. WE MUST ACKNOWLEDGE AND ADDRESS THE
FUNDAMENTAL INJUSTICE, BRUTALITY AND INEQUITIES THAT THE STAIN OF SLAVERY
HAS LEFT ON OUR GREAT STATE OF NEW YORK. THIS BILL WILL SIMPLY CREATE A
142
NYS ASSEMBLY JUNE 8, 2023
REPARATIONS COMMISSION THAT WILL PROVIDE THOUGHTFUL DETERMINATIONS
AND RECOMMENDATIONS AS HOW WE CAN RIGHT THESE WRONGS AND MAKE OUR
BLACK NEW YORKERS WHOLE AGAIN. I AM PROUD TO STAND IN SOLIDARITY
WITH OUR BLACK COLLEAGUES AND VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
GONZÁLEZ-ROJAS.
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO
COMMEND THE SPONSOR AND ALL OF MY COLLEAGUES WHO HAVE SPOKEN SO
POWERFULLY. WE SAW AN INCREDIBLE DEMONSTRATION OF THE POWER OF
WOMEN FIGHTING ON THIS FLOOR TODAY AND I WANT TO COMMEND EVERYBODY
WHO HAVE SPOKEN IN FAVOR OF THIS LEGISLATION.
AMERICA WAS FOUNDED ON CHATTEL SLAVERY. IT IS THE
UNIQUE THING ABOUT INVOLUNTARY SERVITUDE AND INDENTURED SERVITUDE AND
VARIOUS OTHER KINDS OF SERVITUDE THAT EXIST AROUND THE WORLD AND EVEN
IN THIS COUNTRY, BUT CHATTEL SLAVERY IS UNIQUE TO AMERICA. IT WAS VERY
MUCH A PART OF NEW YORK. IT IS SOMETHING WE MUST ALL ACKNOWLEDGE,
MUST ALL RESPECT AND WE MUST ALL WORK TOGETHER TO ENSURE THAT THERE IS
IN FACT REPARATIONS. SO I'M VERY HONORED TO VOTE IN SUPPORT OF THIS BILL.
THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MR. MAMDANI.
MR. MAMDANI: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. I DIDN'T PLAN ON SPEAKING TODAY, BUT I
143
NYS ASSEMBLY JUNE 8, 2023
RISE TO RESPOND TO SOME OF THE QUESTIONS THAT HAVE BEEN BROUGHT UP BY
OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE. I HAVE HEARD CONCERNS
ABOUT THE QUESTION OF WHETHER AFRICAN DESCENT IS TOO BROAD AND WHAT IF
SOMEONE LIKE ELON MUSK COULD QUALIFY FOR SUCH REPARATIONS. WE NEED
NOT LOOK FURTHER THAN THIS OWN HOUSE. MY GRANDFATHER'S FAMILY CAME
TO LAMU IN KENYA IN 1890. MY GRANDMOTHER'S FAMILY CAME TO
ZANZIBAR IN 1890. I WAS BORN A SON OF THE UGANDAN SOIL IN NSAMBYA
HOSPITAL IN KAMPALA IN 1991. I AM OF AFRICAN DESCENT AND I AM NOT
BLACK. AND THAT IS NOT A SURPRISE TO ANYONE OF US HERE. AND I AM NOT
ELIGIBLE FOR ANY KIND OF REPARATIONS TIED TO THE HARMS OF SLAVERY. AND I
TRUST THAT THE COMMISSION WOULD FIND THAT SAME DETERMINATION BECAUSE
WHO IS BETTER AT DETERMINING BLACKNESS THAN THE UNITED STATES
GOVERNMENT, BECAUSE IT IS THAT GOVERNMENT THAT DETERMINED IT FROM THE
INCEPTION OF THIS COUNTRY THROUGH JIM CROW, UP UNTIL THIS POINT TO DENY
POLITICAL, SOCIAL AND ECONOMIC RIGHTS TO BLACK AMERICANS AT EVERY
SINGLE JUNCTURE. THERE WAS NO PROBLEM WITH IT FOR MANY THROUGHOUT
THE DURATION OF THAT TIME AND YET NOW WHEN IT COMES TO THE QUESTION OF
REPARATIONS, EVERYONE IS CONCERNED. I HAVE ALSO HEARD THE QUESTION OF
WHY SHOULDN'T THE MINORITY, WHICH HAS NEVER SOUNDED LIKE ANY
MINORITY I'VE MET IN MY LIFE, BE GIVEN THE ABILITY TO APPOINT MEMBERS
TO THIS COMMISSION? THE REPUBLICAN PARTY IS IN FULL EMBRACE OF
DONALD TRUMP. A MAN WHO REFERRED TO MANY OF THE PLACES -- A MAN
WHO REFERRED TO MANY OF THE PLACES THAT ENSLAVED NEW YORKERS CAME
FROM AS SHIT HOLE COUNTRIES. SO WHY SHOULD THAT SAME PARTY BE ABLE TO
DETERMINE --
144
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: LADIES AND
GENTLEMEN, LADIES AND GENTLEMEN, LADIES AND GENTLEMEN.
MR. MAMDANI: I DO NOT UNDERSTAND WHY THAT IS SO
OBJECTIONABLE. DO YOU NOT SUPPORT THAT MAN WHO HAS SAID THESE
THINGS?
MR. GOODELL: MR. SPEAKER?
ACTING SPEAKER AUBRY: MR. GOODELL, WHY DO
YOU RISE?
MR. GOODELL: WOULD YOU REMIND THE SPEAKER IF
HE WOULD PLEASE TO FOCUS HIS DISCUSSION ON THE BILL THAT'S IN FRONT OF US
AS OPPOSED TO UNRELATED POLITICAL COMMENTS THAT ARE INACCURATE OR
DEROGATORY. THANK YOU.
ACTING SPEAKER AUBRY: STAYING ON THE
BILL-IN-CHIEF, THANK YOU.
MR. MAMDANI: THANK YOU, MR. SPEAKER. ALL THAT
I HAVE LEFT TO SAY IS MY SINCERE EXPRESSION OF GRATITUDE FOR THE SPONSOR
TODAY FOR FIGHTING TO BRING THIS LEGISLATION TO THIS POINT, FOR THE SPONSOR
THAT PRECEDED HER FOR ORIGINATING THIS LEGISLATION AND FOR ALL THOSE OF
MY COLLEAGUES WHO HAVE SUFFERED THROUGH THE INDIGNITIES OF SLAVERY
AND ITS HISTORY IN THIS COUNTRY AND WHO ARE HERE TODAY TO LEAD US TO A
FUTURE WHERE WE RECKON WITH IT, RECTIFY THOSE SAME INJUSTICES AND WE
MOVE FORWARD TO A NEW YORK FOR EVERY SINGLE PERSON HERE. THANK YOU
VERY MUCH.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. MAMDANI IN THE
145
NYS ASSEMBLY JUNE 8, 2023
AFFIRMATIVE.
LADIES AND GENTLEMEN, IT'S A LONG DAY, IT'S A TOUGH DAY,
LET US MAINTAIN SOME DIGNITY.
MR. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU. YOU KNOW, WE COULD HAVE
DONE THIS BILL TEN YEARS AGO, 20 YEARS AGO, 50 YEARS AGO, 150 YEARS AGO.
BUT WE'RE IN A SPECIAL MOMENT IN TIME RIGHT NOW BECAUSE SOMETHING
THAT I NEVER WOULD HAVE THOUGHT WOULD BE IMAGINABLE IS GOING ON
ACROSS THIS COUNTRY TODAY WHICH IS IN OTHER STATES THE HISTORY OF SLAVERY
AS PART OF AMERICAN HISTORY, THE TRUTH OF IT, IS BEING STRIPPED FROM
HISTORY BOOKS, IS BEING STRIPPED FROM CURRICULUMS. TEACHERS ARE GOING
TO BE PUNISHED IF THEY TEACH THE TRUE HISTORY OF THIS COUNTRY. AND SO
ONE OF THE POSITIVES OF THIS COMMISSION WOULD BE NOT JUST TO TALK ABOUT
REPARATIONS IN THE GENERAL SENSE, BUT TO EDUCATE EVERYBODY ABOUT THE
CONTINUING LEGACY OF SLAVERY AND WHAT IT MEANS TODAY, HOW IT IMPACTS
PEOPLE TODAY. THIS IS A VERY IMPORTANT LESSON, A VERY IMPORTANT
OPPORTUNITY.
I'D ALSO SAY THAT WHEN WE HERE IN THIS HOUSE
THROUGHOUT THE YEAR, WE WORK ON EDUCATION ISSUES, WE WORK ON
HOUSING ISSUES, WE WORK ON ISSUES RELATED TO HEALTH CARE AND SO MANY
OTHER ISSUES AND WE DO THE BEST WE CAN BUT WE'RE NOT DOING A GOOD
ENOUGH JOB IN A LOT OF AREAS THAT AFFECT PEOPLE'S LIVES. AND ONE OF THE
THINGS THAT WE HAVE TO RECOMMIT OURSELVES TO DO IS QUALITY IN TERMS OF
THE POLICIES THAT COME OUT OF HERE SO THAT WE CAN REALLY MAKE A
DIFFERENCE FOR EVERYBODY, BUT WE CERTAINLY HAVE TO MAKE A DIFFERENCE
146
NYS ASSEMBLY JUNE 8, 2023
FOR PEOPLE WHO HAVE BEEN SUFFERED FOR THE LEGACY OF SLAVERY AND
BIGOTRY IN THIS COUNTRY AND IN THIS STATE. SO LET'S GET THIS WORK DONE
AND I PROUDLY VOTE AYE.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
AFFIRMATIVE.
MS. LUCAS TO EXPLAIN HER VOTE.
MS. LUCAS: THANK YOU, MR. SPEAKER. MY
COLLEAGUES THROUGHOUT THIS DISCUSSION HAS ALREADY STARTED TALKING ABOUT
CIRCUMVENTING THE SYSTEM BY INCLUDING THEMSELVES IN THE IDEA OF
REPARATIONS. FOR THEIR BLUE-EYED CHILDREN, NO SHADE, AND THEIR
ANCESTORS WHO WERE INDENTURED SERVANTS. THAT IS THE POINT I WAS
MAKING. WE ALSO HAD SOMEONE MENTION ABOUT THEIR AFRICAN DESCENT
WHO BELIEVES THAT THEY WOULDN'T BE INCLUDED IN THE CONVERSATIONS
BECAUSE WE KNOW WHO'S BLACK. BUT IF IT'S NOT REFLECTED IN THE
LANGUAGE, THAT'S WHEN IT CAN BECOME COMPLICATED AND CONFUSING, BUT I
FEEL STRONGLY ABOUT ENSURING THAT THOSE PEOPLE WHO WERE ACTUALLY
ENSLAVED IN AMERICA WERE REPAIRED. THAT WAS MY POINT. THAT THE
ELON MUSKS OF THE WORLD DON'T CIRCUMVENT THE SYSTEM AS WE'VE SEEN
HAPPEN ON OTHER INSTANCES. BUT I AM HAPPY THAT THE SPONSOR OF THIS BILL
HAS FINALLY RECOGNIZED, TODAY, ON RECORD, AND EVERYONE HAS SPOKEN
ABOUT CHATTEL SLAVERY, THAT LINEAGE-BASED HAS TO BE ALSO A FOCUS IN THIS
PARTICULAR STUDY. AND BECAUSE IT'S ON RECORD, BECAUSE IT ALLOWS US TO
SEE THE INTENTION OF THE SPONSOR, I AM GOING TO CHANGE MY NO VOTE TO A
YES. THANK YOU, SPONSOR.
ACTING SPEAKER AUBRY: MS. LUCAS IN THE
147
NYS ASSEMBLY JUNE 8, 2023
AFFIRMATIVE.
MR. ARI BROWN TO EXPLAIN HIS VOTE.
MR. A. BROWN: THANK YOU, MR. SPEAKER. I THINK
THIS IS LIKE A WATERSHED MOMENT FOR ALL OF US. YOU TALKED ABOUT A LOT OF
THINGS, FAIRNESS AND LOOKING AT OUR PAST, CONFRONTING OUR PAST, BUT LET'S
LOOK AT OURSELVES FOR WHAT WE ARE RIGHT NOW, RIGHT HERE. I EXPLAINED
HOW MY KIDS HAVE BLACK AFRICAN-AMERICAN IN THEM AND I HEARD
THEY'RE NOT THE SAME BECAUSE THEY HAVE BLUE EYES. WHEN MY DAUGHTER
USED TO SAY, HOW COME MY HAIR'S NOT LIKE MY SISTER? AND I SAID, BUT
YOU'RE BEAUTIFUL JUST EXACTLY THE WAY YOU ARE, THAT WASN'T GOOD ENOUGH.
THERE'S GOING TO BE DEGREES OF WHO'S BLACK AND WHO'S NOT BLACK. MY
WIFE'S ANCESTRY -- EX-WIFE'S ANCESTRY CAN LOOK BACK AT THE ZULU TRIBE,
THAT'S NOT GOOD ENOUGH. YOU KNOW, PEOPLE TALK ABOUT CONFRONTING OUR
PAST. LET'S LOOK AT OUR PRESENT. I'M ONE OF THE OLDER MEMBERS HERE.
I'VE LIVED A LIFE WHEN MY GRANDMOTHER WAS IN THE ROOM WITH US AND I
HEARD ABOUT HOW BABIES WERE RIPPED FROM HER ARMS AND STAMPED UNDER
THE FOOT OF A BOOT, NOT 200 YEARS AGO. HOW HER SISTER WAS MADE INTO A
LAMPSHADE. I HAVE NO FAMILY, ZERO ON MY MOTHER'S SIDE. I DON'T HAVE
TO LOOK BACK. I LITERALLY TURN AROUND AND THE HOLOCAUST WAS THERE. I DO
UNDERSTAND. PEOPLE SAID IF ONLY YOU COULD HAVE LIVED THIS. MY FAMILY,
MY IMMEDIATE FAMILY LIVED THIS. I HAVE NOBODY ON ONE SIDE, THEY WERE
ALL PUT INTO OVENS. THEY DIDN'T GET REPARATIONS. AND THE ONLY REASON
THE GERMANS GAVE REPARATIONS IS BECAUSE THEY WERE FORCED TO GIVE
REPARATIONS. GOLD RIPPED OUT OF THEIR TEETH, BABIES STAMPED UNDER THEIR
FOOT, PEOPLE MADE -- MY IMMEDIATE FAMILY MADE INTO ASHES. I DO
148
NYS ASSEMBLY JUNE 8, 2023
UNDERSTAND AND THAT'S THE EXACT REASON WHY, YOU KNOW, WE'RE ASKING
JUST TO BE PART OF THE CONVERSATION BECAUSE WE CAN CONTRIBUTE TO
EXACTLY WHAT'S HAPPENING HERE BECAUSE WE DO UNDERSTAND AND MAYBE
SOMETHING GOOD WILL COME OF THAT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. ALVAREZ.
MR. ALVAREZ: THANK YOU, MR. SPEAKER. I IDENTIFY
MYSELF AS AN AFRICAN CARIBBEAN PERSON AND I JUST WANT TO THANK THE
SPONSOR FOR BRINGING THIS OVER TO THE FLOOR. I'M SO, SO PROUD TO VOTE YES
ON THIS BILL AND I COULDN'T STAY QUIETE BECAUSE IT IMPACT ME DIRECTLY,
IMPACT MY FAMILY AND IMPACT MY ANCESTOR. THANK YOU.
ACTING SPEAKER AUBRY: MR. ALVAREZ IN THE
AFFIRMATIVE.
MS. SOLAGES TO EXPLAIN HER VOTE AND CLOSE.
MS. SOLAGES: JUST OVER A YEAR AGO, A MONSTER
DROVE HUNDREDS OF MILES TO KILL NEW YORKERS, BLACK NEW YORKERS AND
ON HIS WEAPON WAS A PHRASE, ON HIS GUN WAS A PHRASE AND IT SAID THIS IS
YOUR REPARATIONS. SOME MAY ARGUE THAT THE PAST IS THE PAST AND THAT
WE SHOULD MOVE ON, BUT HOW CAN WE MOVE ON WHEN THE ECHOES OF
HISTORY STILL REVERBERATE IN THE LIVES OF MILLIONS, EXCUSE ME. HOW CAN
WE BUILD A FUTURE ON A FOUNDATION STAINED WITH INJUSTICE. I WANT TO TAKE
A MOMENT TO THANK THE COALITION OF ALL THE PEOPLE WHO HAVE HELPED ME
IN THE MANY GROUPS TOO NUMEROUS TO - TO EXPLAIN. OUR FORMER
COLLEAGUE BARRON FOR SPEAKING ALWAYS TRUTH TO POWER AND ADVANCING
THE TOPIC OF REPARATIONS, PROGRAM AND COUNSEL, MY STAFF, THE CAUCUS
149
NYS ASSEMBLY JUNE 8, 2023
STAFF WHO HELPED PUSHED THIS INITIATIVE, ESPECIALLY MY COLLEAGUES, ALL OF
YOU, WHETHER YOU VOTE FOR IT OR NOT I THANK YOU FOR THIS ROBUST
DISCUSSION, SPEAKER HEASTIE AND ALSO OUR COLLEAGUE TAYLOR DARLING
WHO REALLY WORKED WITH ME SIDE-BY-SIDE ON THIS INITIATIVE. I THANK HER
FOR ALWAYS BEING THERE AND COLLABORATING WITH ME.
TODAY NEW YORK WILL TAKE A STEP FORWARD IN
DISMANTLING THE SYSTEMATIC BARRIERS THAT CONTINUE TO HOLD BACK SO MANY
NEW YORKERS. TOGETHER WE'RE ONE DAY, ONE TIME, CLOSER TO HEALING.
I'M VOTING IN THE AFFIRMATIVE BECAUSE TOGETHER WE CAN MAKE NEW YORK
BETTER. THANK YOU.
ACTING SPEAKER AUBRY: MS. SOLAGES IN THE
AFFIRMATIVE.
TIME IS NOT OUR FRIEND. MR. RAMOS TO EXPLAIN HIS
VOTE. QUICKLY, PLEASE, THANK YOU.
MR. RAMOS: MR. SPEAKER, I PROUDLY SUPPORT THIS
BILL AND I WANT TO COMMEND THE SPONSOR. AND, YOU KNOW, IT SADDENED
ME, SOMETHING AS LOGICAL AS WHAT WE ARE TRYING TO PASS HERE,
SOMETHING THAT WE COULD CLEARLY, EVERYONE KNOWS ABOUT THE ATROCITIES
AND THE -- THE -- THE NEED FOR SOME KIND OF STUDY TO BE ABLE TO REPAIR
SOME OF THE DAMAGE DONE, REPAIR SOME OF THE -- THE WRONGS THAT WE SEE
NOW. IT -- IT SADDENS ME WHEN -- WHEN SOME OF MY COLLEAGUES ON THE
OTHER SIDE, MOST OF WHICH I CONSIDER FRIENDS, AND I HEAR SOME OF THE
THINGS THAT ARE SAID HERE. WE SEE NATIONWIDE EFFORTS TO ERASE BLACK
HISTORY SAYING THAT, YOU KNOW, IT WOULD MAKE WHITE PEOPLE FEEL GUILTY,
WHEN WHITE PEOPLE WERE ABOLITIONISTS AS WELL, THEY WERE PART OF
150
NYS ASSEMBLY JUNE 8, 2023
FREEING SLAVES. WHEN I SEE MY COLLEAGUES ALMOST AS A BLOCK VOTE NO,
BECAUSE THEY DON'T BELIEVE THE EXISTENCE OF THIS BILL, THEY DON'T BELIEVE
THE EXISTENCE OF THIS COMMISSION, THEY DON'T FEEL THERE SHOULD BE A
STUDY, THEY DON'T FEEL THERE SHOULD BE REPARATIONS, BUT THEY STAND UP,
THEY SAY --
MR. GOODELL: MR. SPEAKER, POINT OF ORDER.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: I'M HAPPY TO HEAR MY COLLEAGUE'S
COMMENTS ON THIS BILL. IT'S INAPPROPRIATE FOR HIM TO SUGGEST THAT HE
KNOWS WHAT WE'RE THINKING AND WE'RE DOING AND WHY WE'RE DOING IT.
HE IS WELCOME TO TALK ABOUT THE MERITS OF THE BILL, BUT HE DOES NOT
MEET OUR RULES OF DECORUM WHEN HE ATTACKS OTHER MEMBERS ON THIS
FLOOR WITH SUPPOSITIONS.
MR. RAMOS: MR. SPEAKER --
MR. GOODELL: AND MY GOOD COLLEAGUE, THE
MAJORITY LEADER, HAS MADE THAT CLEAR IN THE PAST AND I WOULD ASK THAT
YOU MAKE THAT CLEAR TODAY. THANK YOU, SIR.
MR. RAMOS: I THINK I'M REFERRING TO SOME OF THE
COMMENTS MADE HERE.
ACTING SPEAKER AUBRY: LET --
MR. RAMOS: AND I'M ABOUT TO FINISH. SO THE IRONY
OF ALL THIS --
ACTING SPEAKER AUBRY: FOLKS, WE NEED TO TRY
AND GET THROUGH THIS.
MR. RAMOS: SURE.
151
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: NOTHING THAT ANYONE
SAYS NOW IS GOING TO CHANGE ANYBODY'S VOTE, SO LET US PROCEED. THE
VOTE WILL GO, DEMOCRACY STANDS WITH THE NUMBERS WHO WIN AND THE
NUMBERS WHO LOSE. SO PLEASE, LET'S PROCEED. MR. RAMOS, FINISH UP,
PLEASE.
MR. RAMOS: THE LAST THING I'D LIKE TO SAY. THE
IRONY OF -- OF THIS IS THAT AFTER NOT BELIEVING THIS BILL AND THE EXISTENCE
AND VOTING AGAINST IT, WHETHER YOU VOTE AGAINST IT AND YOU DON'T FEEL
THAT THIS COMMISSION SHOULD -- SHOULD EXIST, THEN THE REASON GIVEN IS
THAT THE NO VOTES ARE BECAUSE THEY'RE NOT INCLUDED. THEY WANT TO BE
PART OF IT. SO IT'S VERY IRONIC.
MR. SPEAKER, AS A HISPANIC MALE WHO HAS AN ANCESTRY,
HAS ANCESTORS WHO WERE SLAVES, I PROUDLY VOTE IN FAVOR OF THIS BILL.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
RAMOS IN THE AFFIRMATIVE.
MS. TAPIA TO EXPLAIN HER VOTE.
MS. TAPIA: THANK YOU, MR. SPEAKER, FOR GIVING ME
THE OPPORTUNITY TO EXPLAIN MY VOTE. I AM AN IMMIGRANT THAT WAS BORN
IN THE DOMINICAN REPUBLIC. AND THE DOMINICAN REPUBLIC, MY
ANCESTORS, ARE ALSO SLAVERY [SIC] THAT WERE BROUGHT TO THE DOMINICAN
REPUBLIC BY OUR COLONIZERS. SO I FEEL TODAY AND I COMMEND, COMMEND
THE SPONSORS AND ALL MY COLLEAGUES FOR PUTTING OUT ALL THE FEELINGS THAT
HAD TO DO WITH WHAT HAPPENED WITH BLACK AMERICA IN ALL THESE YEARS
OF SLAVERY THAT WE CONTINUE TO HAVE TODAY. I'M SO PROUD TO RISE TODAY
AND EXPLAIN MY VOTE IN FAVOR OF THIS BILL THAT IS GOING TO START CHANGING
152
NYS ASSEMBLY JUNE 8, 2023
THE FUTURE OF AMERICA. THANK YOU.
ACTING SPEAKER AUBRY: MS. TAPIA --
MS. TAPIA: I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: -- IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
PAGE 6, RULES REPORT NO -- PAGE 8, RULES REPORT NO.
690, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 04282-B, RULES REPORT
NO. 690, PAULIN, SILLITTI, WALKER, DARLING, DICKENS, RAMOS, BURGOS.
AN ACT TO AMEND THE TOWN LAW, THE VILLAGE LAW, THE COUNTY LAW,
AND THE MUNICIPAL HOME RULE LAW, IN RELATION TO MOVING CERTAIN
ELECTIONS TO EVEN-NUMBERED YEARS.
ACTING SPEAKER AUBRY: THERE'S AN
AMENDMENT BY -- AT THE DESK BY MR. RA TO BRIEFLY EXPLAIN THE
AMENDMENT WHILE THE CHAIR EXAMINES IT.
MR. RA: THANK YOU, MR. SPEAKER. THIS AMENDMENT
WOULD MAKE THIS LAW APPLICABLE ONLY TO COUNTIES WITH A POPULATION IN
EXCESS OF THREE MILLION.
ACTING SPEAKER AUBRY: THE CHAIR HAS FOUND
YOUR AMENDMENT, MR. RA, AND HAS EXAMINED YOUR AMENDMENT AND
FOUND IT GERMANE TO THE BILL BEFORE THE HOUSE.
ON THE AMENDMENT, SIR.
153
NYS ASSEMBLY JUNE 8, 2023
MR. RA: THANK YOU, MR. SPEAKER. YOU KNOW, THIS
BILL THAT WE'RE GOING TO BE DEBATING IN A FEW MINUTES IS COMING ABOUT
AT THE END OF SESSION HERE. IT'S A BILL THAT FIRST CAME UP LAST YEAR AND
THERE WAS TALK OF HEARINGS BEING HELD. TO MY KNOWLEDGE NONE OF THAT
EVER HAPPENED. HERE WE ARE IN THE WEANING DAYS OF SESSION TALKING
ABOUT A BILL THAT MANDATES - AND I WANT TO BE CLEAR - ON SOME LOCAL
GOVERNMENTS, NOT ALL OF THEM. AND ONE OF THE THINGS I'M SURE WE'LL TALK
ABOUT IS, YOU KNOW, NEW YORK CITY BEING EXCLUDED. I KNOW THERE'S
CONSTITUTIONAL PROVISIONS AND TALK ABOUT MAYBE DOING THAT IN THE
FUTURE. WELL, I DON'T SEE ANY BILL MOVING FORWARD NOW TO DO THAT, TO
MAKE SURE NEW YORK CITY'S ELECTIONS ARE HELD IN -- IN EVEN NUMBER OF
YEARS. AND IN FACT, NONE OF THE CITIES IN THIS STATE ARE INCLUDED IN THIS
BILL. NONE OF THEM HAVE TO MOVE THEIR ELECTIONS.
NOW OUTSIDE OF THAT, WE'RE GOING TO I'M SURE HEAR A LOT
ABOUT HOW THIS IS GOING TO INCREASE TURNOUT BECAUSE THERE'S MORE
TURNOUT IN EVEN NUMBERED YEARS. AND LOOK, WE'VE DONE A LOT IN THIS
HOUSE TO INCREASE TURNOUT IN ELECTIONS, NO QUESTION, BUT LOCAL ELECTIONS
HAPPEN ON LOCAL ISSUES. I'VE SEEN THINGS LIKE, YOU KNOW, IN NASSAU
COUNTY, ONE OF THE BIGGEST ISSUES IN OUR COUNTY, LAST COUNTYWIDE
ELECTION WAS OUR ASSESSMENT SYSTEM. TOWN ELECTIONS WHEN YOU TALK
ABOUT, YOU KNOW, WHEN THERE'S BEEN CORRUPTION ISSUES OR THERE'S BEEN
ISSUES WITH A BUILDING DEPARTMENT. THOSE ISSUES WILL GET SWEPT AWAY IF
THESE -- IF THESE ELECTIONS ARE ALL HELD ON -- ON EVEN YEARS SO THAT YOU'RE
GOING TO BASICALLY HAVE WHAT'S GOING ON NATIONALLY DICTATING A LOCAL
ELECTION AND -- AND THOSE LOCAL ISSUES ARE NOT GOING TO GET HERE.
154
NYS ASSEMBLY JUNE 8, 2023
THE OTHER ISSUE IS THAT I DON'T KNOW WHAT AND WE --
SOME OF MY COLLEAGUES RAISED THIS IN COMMITTEE EARLIER, I DON'T KNOW
WHAT THE BALLOT IS GOING TO LOOK LIKE TO HAVE THIS MANY OFFICES ON IT AND
WHETHER WE HAVE THE INFRASTRUCTURE IN PLACE TO -- TO HANDLE THAT
BECAUSE I DON'T KNOW, YOU'RE EITHER GOING TO HAVE VERY, VERY SMALL
PRINT OR YOU'RE GOING TO HAVE TO HAVE A LARGER BALLOT, ARE THE CURRENT
MACHINES GOING TO WORK? THERE'S A LOT THAT GOES INTO THIS, WHICH IS,
AGAIN, WHY I THINK HEARINGS NEEDED TO BE HELD AND -- AND WHY WE NEED
TO GET TO A PLACE WHERE WE ACTUALLY HAVE A DISCUSSION AS TO HOW THIS
WOULD ALL WORK. AND WE DEAL WITH THE FINANCIAL IMPLICATIONS OF THIS
AND THERE WILL BE FINANCIAL IMPLICATIONS. AND IT WAS SUGGESTED EARLIER
THAT THE COST WOULD BE MORE THAN MADE UP BY THE FACT THAT WE WOULDN'T
HAVE TO HAVE, YOU KNOW, OTHER ELECTIONS, BUT THEY'RE STILL GOING TO BE
OTHER OFFICES ON THE BALLOTS. SO THEY'RE STILL GOING TO HAVE TO RUN THE
ELECTIONS, THEY'RE STILL GOING TO HAVE TO DEAL WITH STAFFING, EARLY VOTING
AND ELECTION DAY AND EVERYTHING THAT -- THAT -- THAT GOES WITH IT. IF WE
NEED NEW MACHINES AND ALL KINDS OF THINGS LIKE THAT, THAT'S GOING TO
COST A LOT MORE THAN -- THAN ANY SAVINGS THAT'S GOING TO COME FROM
MAYBE PRINTING A SMALLER BALLOT IN THE -- IN THE NEXT YEAR.
SO, THIS IS A SIMPLE AMENDMENT THAT SUGGESTS THAT IF
WE'RE GOING TO FOR WHATEVER REASON EXCLUDE EVERY CITY IN THIS STATE
FROM THIS BILL, THAT -- THAT WE SHOULD REALLY ONLY MAKE IT APPLICABLE TO
COUNTIES WITH -- WITH A VERY, VERY LARGE POPULATION SO THAT THEY CAN --
THEY CAN DEAL WITH ALL OF THE COSTS THAT ARE -- THAT ARE COMING WITH THIS
BILL. SO I URGE MY COLLEAGUES TO SUPPORT AND -- AND ADOPT THIS
155
NYS ASSEMBLY JUNE 8, 2023
AMENDMENT. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. BROWN.
MR. A. BROWN: THANK YOU, MR. SPEAKER. MADAM
SPONSOR, WILL YOU YIELD?
ACTING SPEAKER AUBRY: NO, WE'RE --
MR. A. BROWN: OH, I'M SORRY.
ACTING SPEAKER AUBRY: WE'RE ON THE
AMENDMENT AT THE MOMENT.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I WOULD JUST STAND TO URGE MY COLLEAGUES TO REJECT THIS
OPPORTUNITY TO ADD AN AMENDMENT TO MS. PAULIN'S LEGISLATION.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS SUPPORTIVE OF THIS AMENDMENT. IF THERE'S ANYONE THAT
WISHES TO VOTE AGAINST IT, THEY CAN CERTAINLY DO SO HERE ON THE FLOOR.
THANK YOU.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I URGE MY COLLEAGUES TO VOTE NO ON ANY AMENDMENT THAT WILL
BE ADDED TO MS. PAULIN'S BILL.
ACTING SPEAKER AUBRY: THANK YOU, BOTH.
156
NYS ASSEMBLY JUNE 8, 2023
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE AMENDMENT IS DEFEATED.
WE HAVE ANOTHER AMENDMENT. THIS AMENDMENT IS AT
THE DESK BY MR. SLATER. PLEASE, MR. SLATER, BRIEFLY EXPLAIN THE
AMENDMENT WHILE THE CHAIR EXAMINES IT, SIR.
MR. SLATER: THANK YOU, MR. SPEAKER. I'VE
OFFERED AN AMENDMENT THAT ADDS TO THE BILL-IN-CHIEF BY APPLYING THE
CHANGES PROPOSED BY THE BILL-IN-CHIEF TO COUNTIES AND TOWNS WITH A
POPULATION UNDER 5,000.
ACTING SPEAKER AUBRY: THE CHAIR HAS
EXAMINED YOUR AMENDMENT, MR. SLATER, AND FOUND IT GERMANE TO THE
BILL BEFORE THE HOUSE.
ON THE AMENDMENT, SIR.
MR. SLATER: THANK YOU, MR. SPEAKER. ON THE
AMENDMENT. IT CAN BE ARGUED THAT THE CONSOLIDATION OF COUNTY AND
TOWN ELECTIONS INTO EVEN NUMBERED YEARS PRESENTS A SIGNIFICANT FLOW.
NAMELY, THE POTENTIAL DILUTION OF THE IMPORTANCE OF LOCAL ISSUES.
MANDATING A SYNCHRONIZATION OF LOCAL ELECTIONS WITH STATE OR NATIONAL
ELECTIONS CARRIES AN INHERIT RISK, AN INHERIT RISK OF OVERSHADOWING
GLOBAL CONCERNS WITH LARGER POLITICAL CAMPAIGNS. THIS WOULD DIMINISH
THE VOICES ADVOCATING FOR THOSE LOCAL CONCERNS. LOCAL ELECTION
AUTONOMY IS CRUCIAL TO ALLOW LOCAL ISSUES THE IMPORTANCE THAT THEY
157
NYS ASSEMBLY JUNE 8, 2023
DESERVE. IN ADDITION, THE ACT OF MERGING LOCAL ELECTIONS WITH
HIGH-PROFILE ELECTIONS MAY MUDDY THE WATERS WHEN IT COMES TO MAKING
INFORMED DECISIONS. WITH EACH ELECTION YEAR, RESPONSIBLE VOTERS EQUIP
THEMSELVES TO MAKE THE BEST DECISION ON ELECTION DAY, PROBABLY OUR
FAVORITE DAY OF THE YEAR; HOWEVER, THIS REQUIREMENT PLACED ON
LOCALITIES, PLACING AN UNREALISTIC BURDEN ON VOTERS DEMANDING DOUBLE
THE RESEARCH TYPICALLY REQUIRED TO MAKE A RESPONSIBLE DECISION ON
ELECTION DAY. THE ISOLATION OF LOCAL ELECTIONS PRIORITIZES A CULTIVATION
OF A VOTER THAT MAKES DISCERNING CHOICES BASED ON TRUE UNDERSTANDING
OF THE CANDIDATES AND THE LOCAL ISSUES AT STAKE.
THIS AMENDMENT WOULD APPLY THE CHANGES PROPOSED
BY THE BILL-IN-CHIEF TO COUNTIES AND TOWNS WITH POPULATION OF UNDER
5,000. AND, MR. SPEAKER, I WOULD JUST ADD, IN ADDITION TO THAT, HAVING
RUN IN LOCAL ELECTIONS MYSELF, AND MANY OF MY COLLEAGUES IN THIS
CHAMBER HAVE DONE THE SAME. WE KNOW THAT THERE ARE SIGNIFICANT
DIFFERENCES IN THE ISSUES WHEN VOTERS ARE PAYING ATTENTION TO THOSE
LOCAL MATTERS. IN MY PREVIOUS ELECTIONS ON LOCAL ISSUES, WE FOCUSED
THINGS ON -- WE FOCUSED ON THINGS SUCH AS OUR LAKES, SUCH AS OUR
INDIVIDUAL PARKS, THE OPERATIONS OF OUR PARKS AND RECREATION
DEPARTMENT, SPECIFIC ZONING IDEAS AND ZONING UPGRADES. THOSE ARE ALL
IMPORTANT ISSUES TO COMMUNITIES INDIVIDUALLY, AND THEY WOULD ALL, I
FEEL, WOULD BE DROWNED OUT IF THEY WERE MERGED ON A LARGER SCALE AS
THE BILL-IN-CHIEF PROPOSES. AND SO WE PROPOSE THIS AMENDMENT, MR.
SPEAKER, AND I APPRECIATE THE TIME.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
158
NYS ASSEMBLY JUNE 8, 2023
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I URGE ALL OF MY COLLEAGUES IN THE MAJORITY TO REJECT THIS
OPPORTUNITY TO PUT AN AMENDMENT TO MS. PAULIN'S BILL.
ACTING SPEAKER AUBRY: THANK YOU.
A PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS IN FAVOR OF THIS AMENDMENT. THOSE WHO DO NOT SUPPORT
IT CAN CERTAINLY VOTE AGAINST IT HERE ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL REJECT THIS ATTEMPT TO ADD AN
AMENDMENT TO MS. PAULIN'S BILL.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE AMENDMENT IS DEFEATED.
WE HAVE AN AMENDMENT AT THE DESK FROM MR. JENSEN.
MR. JENSEN TO BRIEFLY EXPLAIN THE AMENDMENT WHILE
THE CHAIR EXAMINES IT.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.
159
NYS ASSEMBLY JUNE 8, 2023
I RISE TO OFFER THE FOLLOWING AMENDMENT, WAIVE ITS READING AND MOVE
FOR ITS IMMEDIATE ADOPTION. THIS AMENDMENT ADDS TO THE BILL-IN-CHIEF
THE EMPOWERMENT OF COUNTIES, TOWNS AND VILLAGES THE DISCRETION TO
DETERMINE WHETHER OR NOT TO HOLD THEIR ELECTIONS IN EVEN NUMBERED
YEARS OR ON ODD NUMBERED YEARS.
ACTING SPEAKER AUBRY: MR. JENSEN, WE HAVE
EXAMINED YOUR AMENDMENT AND FOUND IT GERMANE TO THE BILL BEFORE THE
HOUSE.
ON THE AMENDMENT, SIR.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.
SIMILARLY TO MY PRIOR COLLEAGUES WHO SPOKE ON THEIR AMENDMENTS,
MOVING LOCAL ELECTIONS INTO EVEN NUMBERED YEARS WILL DILUTE THE
IMPACT AND THE INFLUENCE THAT LOCAL ELECTIONS, LOCAL ISSUES HAVE WHEN
DETERMINING WHO REPRESENTS US ON THE LOCAL LEVEL. I'VE HAD THE GREAT
HONOR BEFORE BEING ELECTED TO THIS ESTEEMED BODY TO BE A LOCAL ELECTED
OFFICIAL. BETWEEN THAT SERVICE AND MY CURRENT SERVICE, I'VE WALKED
DOOR TO DOOR AND TALKED TO VOTERS ON ELECTIONS WHERE THERE'S A PRESIDENT
UP FOR VOTE, A GOVERNOR, A COUNTY EXECUTIVE, AND THE TOP OF THE TICKET
BEING A TOWN SUPERVISOR. AND I CAN TELL YOU THAT THE CONVERSATION I
HAD WITH VOTERS CHANGED EVERY ONE OF THOSE ELECTIONS BASED ON WHO
WAS ON THE TOP OF THE TICKET.
BY RETAINING A LOCAL MUNICIPALITY'S ABILITY TO
DETERMINE ON THEIR OWN WHETHER OR NOT TO MOVE THEIR ELECTIONS TO AN
EVEN YEAR OR KEEP IT ON A ODD NUMBER YEAR, WILL RESPECT THE AUTONOMY
OF THAT LOCAL MUNICIPALITY, THE INFLUENCE THAT THOSE ELECTIONS HAVE ON
160
NYS ASSEMBLY JUNE 8, 2023
HELPING VOTERS DETERMINE THE ISSUES THAT ARE TRULY IMPORTANT TO THE
VOTERS IN THAT COMMUNITY.
ARTICLE IX OF THE NEW YORK STATE CONSTITUTION
PROTECTS THE HOME RULE ASPECTS OF LOCAL MUNICIPALITIES IN DECIDING ON
HOW TO OVERSEE THEIR LAWS AND THEIR ABILITY TO GOVERN THEIR TOWN AND
COUNTY AND VILLAGE. THIS AMENDMENT WOULD ENSURE THAT ARTICLE IX OF
THE NEW YORK STATE CONSTITUTION IS ABIDED BY RESPECTING HOME RULE,
RESPECTING LOCAL AUTONOMY, AND ENSURING THAT VOTERS HAVE THE
INFORMATION THEY NEED WHEN THEY FULFILL THE MOST IMPORTANT ASPECT OF
THEIR DEMOCRATIC RIGHTS ELECTING THEIR VOICE TO REPRESENT THEM IN
GOVERNMENT, WHETHER THAT GOVERNMENT REPRESENTATION IS AT THE VILLAGE,
TOWN, COUNTY, STATE OR FEDERAL LEVEL. THIS IS A COMMONSENSE
AMENDMENT THAT YOU HAVE THE SUPPORT OF EVERY SINGLE MEMBER OF THIS
BODY TO RESPECT OUR COMMUNITIES THAT WE REPRESENT, AND I APPRECIATE
THE SPEAKER ALLOWING ME TO EXPLAIN MY AMENDMENT.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WALSH ON THE AMENDMENT.
MS. WALSH: THANK YOU, MR. SPEAKER. SO MY
FRIENDS AND COLLEAGUES, I CAME UP THROUGH LOCAL GOVERNMENT. I STARTED
ON THE TOWN BOARD, I AM A REPUBLICAN AND AS A REPUBLICAN, I BELIEVE
VERY, VERY, STRONGLY THAT THE BEST GOVERNMENT IS THE GOVERNMENT THAT IS
CLOSEST TO THE PEOPLE AND THAT THAT'S WHERE THOSE DECISIONS NEED TO BE
MADE. I BELIEVE THAT AT THE TOWN LEVEL, AT THE VILLAGE LEVEL AND AT SOME
EXTENT, AT THE CITY AND COUNTY LEVEL, THAT'S WHERE THE RUBBER REALLY HITS
THE ROAD AS FAR AS WHAT'S GOOD AND WHAT'S NOT GOOD FOR THAT PARTICULAR
161
NYS ASSEMBLY JUNE 8, 2023
COMMUNITY. THAT'S WHY I SUPPORT THIS AMENDMENT TO THE BILL-IN-CHIEF.
I THINK THAT THERE ARE ARGUMENTS MADE THAT THE BILL-IN-CHIEF IS GOING TO
PRODUCE EFFICIENCIES. IT'S GOING TO ENGAGE THE VOTERS MORE. THAT MIGHT
BE TRUE. LET THE LOCALITIES DECIDE IF THEY WANT TO DO THAT OR NOT. SOME
MAY DECIDE TO DO IT, GREAT. SOME MIGHT NOT DECIDE TO DO IT AND THAT'S
FINE, TOO. LET THEM DECIDE. THAT'S THE WAY THAT THIS OUGHT TO BE DONE,
THAT'S WHY I THINK THAT THIS AMENDMENT IS NOT ONLY GERMANE BUT IS WISE.
AND I THINK THAT AS HAS BEEN SAID, I THINK THAT WHEN IT COMES TO LOCAL
ISSUES, THOSE LOCAL ISSUES THAT ARE CLOSEST TO THE COMMUNITY NEED TO BE
GIVEN THE FULL CONSIDERATION AND ENGAGEMENT OF THE VOTERS. IF YOU START
LUMPING EVERYBODY IN TOGETHER, EVERYBODY FROM PRESIDENT, TO
GOVERNOR, TO CONGRESSPERSON ALL THE WAY DOWN THAT LONG, LONG LINE, WE
KNOW WHERE ALL THE OXYGEN IN THE ROOM IS GOING TO GO, AND A LOT OF
THOSE LOCAL ISSUES ARE GOING TO GET LOST. SO, IF THIS BILL IS GOING TO BE
ADVANCED, AND IT APPEARS THAT IT IS GOING TO BE, PLEASE CONSIDER THIS
AMENDMENT TO JUST GIVE SOME LOCAL DECISION-MAKING AND LOCAL CONTROL
AND A LOCAL OPTION. I THINK THAT THAT IS THE RIGHT WAY TO GO. SO, MR.
SPEAKER, I'M IN FAVOR OF THIS AMENDMENT. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL ON THE AMENDMENT.
MR. GOODELL: THANK YOU, SIR. THE NEW YORK
STATE CONSTITUTION HAS AN INTERESTING PROVISION IN IT. IT'S ARTICLE IX, IT'S
CALLED LOCAL GOVERNMENTS, AND IT STARTS OUT WITH A BILL OF RIGHTS FOR
LOCAL GOVERNMENTS. IT'S IN OUR CONSTITUTION. AND THE FIRST SECTION
TALKS ABOUT HOW LOCAL GOVERNMENTS SHALL HAVE THE RIGHT TO DECIDE THE
162
NYS ASSEMBLY JUNE 8, 2023
METHOD OF REMOVING AN ELECTED OFFICER DURING HIS OR HER TERM OF OFFICE,
ABOLISHING OR CURTAILING OR TRANSFERRING POWER, OR CHANGING THE
COMPOSITION. AND IT ALSO GOES ON TO SAY THAT IN ADDITION TO THE POWERS
GRANTED IN STATUTE TO THE LOCAL GOVERNMENT, LOCAL GOVERNMENT SHALL
HAVE THE POWER, DUTY, QUALIFICATIONS, NUMBER, MODE OF SELECTION,
REMOVAL, TERMS OF OFFICE OF ITS OFFICERS AND EMPLOYEES. THE
BILL-IN-CHIEF, IF ENACTED, WOULD ACTUALLY CHANGE THE TERM OF OFFICE FOR
SOME OF OUR LOCAL OFFICIALS, IN MY OPINION, IN VIOLATION OF THE SPIRIT AND
INTENT OF THESE CONSTITUTIONAL PROVISIONS.
HOW'S IT DO THAT? WELL, IF YOU'RE ELECTED FOR A
TWO-YEAR TERM UNDER THIS PROPOSED LOCAL LAW AT SOME POINT, YOU'LL HAVE
TO RUN TWO YEARS IN A ROW. YOUR TERM WILL BE ARTIFICIALLY REDUCED TO
ONE YEAR. AND DEPENDING ON HOW YOU READ THIS PROPOSED STATUTORY
CHANGE, IT'S POSSIBLE THAT YOU COULD BE ELECTED FOR A FOUR-YEAR TERM AND
ONLY BE ALLOWED TO SERVE THREE YEARS. MY COUNTY, LIKE SEVERAL OTHERS
ACROSS THE STATE, WE HAVE A CHARTER. OUR CHARTER WAS APPROVED BY THE
VOTERS IN A REFERENDUM. OUR COUNTY CHARTER SPECIFIES THE TERM OF OFFICE
FOR THE LEGISLATURE. OUR CHARTER SPECIFIES A NUMBER OF LEGISLATORS AND
WHEN THEY RUN. OUR CHARTER SPECIFIES THE TERM OF OFFICE FOR THE COUNTY
CLERK, AND THE SHERIFF, AND THE DISTRICT ATTORNEY. THIS LEGISLATURE
SHOULD NOT BE PASSING LAWS THAT OVERRIDE EVERY SINGLE CHARTER GRANTED
ACROSS THE STATE OF NEW YORK. THAT'S JUST INAPPROPRIATE.
NOW, IN MY COUNTY, I HAVE 27 TOWNS, 14 VILLAGES, TWO
CITIES. AND THIS BILL SAYS THAT ALL OF THEM, WITH THE EXCEPTION OF CITIES,
HAVE TO RUN IN THE SAME YEAR. TWENTY-SEVEN TOWNS AND 14 VILLAGES.
163
NYS ASSEMBLY JUNE 8, 2023
RATHER THAN HAVING THEM THOUGHTFULLY SPACED OUT AS THE CURRENT LAW
PROVIDES. SO WE'RE BEING ASKED TODAY TO PASS A LAW THAT OVERRIDES THE
THOUGHTFUL DECISION OF THOUSANDS OF LOCAL GOVERNMENTS. SHAMEFUL.
WE SHOULD NOT TAKE THE ARROGANCE UPON OURSELF TO THINK THAT WE KNOW
BETTER THAN EVERY SINGLE LOCAL GOVERNMENT ACROSS THE STATE OF NEW
YORK. THAT'S INAPPROPRIATE.
SO WHAT THIS AMENDMENT DOES IS VERY SIMPLE. IT SAYS
WE RESPECT THE FACT THAT YOU, THE VILLAGE TRUSTEES, YOU, THE TOWN BOARD
MEMBERS, YOU, THE DULY-ELECTED COUNTY REPRESENTATIVES OPERATING
UNDER THE IMPORTANCE FOR YOUR OWN CHARTER THAT'S BEEN APPROVED BY A
COUNTY-WIDE REFERENDUM, YOU KNOW BETTER HOW TO OPERATE YOUR LOCAL
GOVERNMENT THAN WE DO. THAT'S THIS AMENDMENT AND IT SHOULD BE
ADOPTED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I WOULD
URGE THE MAJORITY CONFERENCE TO REJECT THIS OPPORTUNITY TO MAKE AN
AMENDMENT TO THE BILL-IN-CHIEF, 4282.
ACTING SPEAKER AUBRY: THANK YOU.
A PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
(PAUSE)
A SLOW ROLL CALL HAS BEEN REQUESTED. MEMBERS SHOULD
COME TO THE CHAMBER TO CAST THEIR BALLOT ON THE AMENDMENT.
(PAUSE)
164
NYS ASSEMBLY JUNE 8, 2023
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES: MADAM CLERK, WOULD
YOU PLEASE RECOGNIZE THE MEMBERS VOTING VIRTUALLY ON THIS AMENDMENT,
ON THIS HOSTILE AMENDMENT.
THE CLERK: MR. GANDOLFO, PLEASE STATE YOUR NAME
FOR THE RECORD AND HOW YOU WISH TO VOTE.
MR. GANDOLFO: JARETT GANDOLFO, I VOTE IN THE
AFFIRMATIVE.
THE CLERK: MR. GANDOLFO IN THE AFFIRMATIVE.
MR. MCDONOUGH, PLEASE STATE YOUR NAME FOR THE
RECORD AND HOW YOU WISH TO VOTE.
MR. MCDONOUGH, CAN YOU PLEASE TURN ON YOUR MIC?
MR. MCDONOUGH: DAVE MCDONOUGH AND I'M
VOTING IN THE AFFIRMATIVE. CAN YOU HEAR ME NOW?
THE CLERK: MR. MCDONOUGH IN THE AFFIRMATIVE.
MR. MCDONOUGH: THANK YOU.
ACTING SPEAKER PHEFFER AMATO:
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE AMENDMENT IS DEFEATED.
THERE IS ANOTHER AMENDMENT AT THE DESK. MR. DURSO
TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT.
MR. DURSO: THANK YOU, MADAM SPEAKER. THIS
AMENDMENT ADDS TO THE BILL-IN-CHIEF BY ENSURING ADDITIONAL VOTER
PROTECTION MEASURES, NAMELY REQUIRING VOTERS TO PRESENT A VALID PROOF
165
NYS ASSEMBLY JUNE 8, 2023
OF IDENTIFICATION WHEN CASTING A BALLOT.
ACTING SPEAKER PHEFFER AMATO: THE
CHAIR HAS EXAMINED YOUR AMENDMENT AND HAS FOUND IT NOT GERMANE TO
THE BILL BEFORE THE HOUSE.
MR. DURSO, YOU MAY APPEAL THE RULING OF THE CHAIR
AND SPEAK ON THE ISSUE OF GERMANENESS.
MR. DURSO: THANK YOU, MADAM SPEAKER, TO
APPEAL TO THE RULING OF THE CHAIR. THE BILL-IN-CHIEF AMENDS THE TOWN
LAW, VILLAGE LAW, COUNTY LAW, AND MUNICIPAL HOME RULE LAW TO
REQUIRE CERTAIN LOCAL ELECTIONS HELD OUTSIDE OF NEW YORK CITY TO BE
HELD ON ELECTION DAY IN NOVEMBER IN EVEN NUMBERED YEARS. THIS
AMENDMENT DIRECTLY RELATES TO THE BILL-IN-CHIEF BECAUSE IT ADDS VOTER
PROTECTION MEASURES TO ENSURE THAT THE ELECTION CHANGES BEING
PROPOSED BY THE BILL-IN-CHIEF ARE DONE SO WITH THE UTMOST SECURITY AND
INTEGRITY. FURTHERMORE, MADAM SPEAKER, IT IS ESSENTIAL TO PROTECT OUR
ELECTION INTEGRITY, ESPECIALLY WITH A NEW BILL AS SUCH WHICH WILL IN TURN
OBVIOUSLY BRING OUT MORE VOTER TURNOUT. WITH MORE VOTER TURNOUT
BRINGS THE POSSIBILITY OF MORE FRAUD. IT'S ESSENTIAL TO PROTECT OUR
ELECTIONS, ARM THE INTEGRITY OF THE ELECTIONS AND JUST AS IMPORTANT TO
PROTECT THE ESSENTIAL THAT THE VOTING PUBLIC BELIEVES THAT GOVERNMENT IS
DOING ITS JOB IN PROTECTING THE ELECTIONS. MADAM -- MADAM SPEAKER, I
ASK EVERYBODY TO CONSIDER THIS AMENDMENT FOR ADOPTION. THANK YOU.
ACTING SPEAKER PHEFFER AMATO: MR.
DURSO APPEALS THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE
HOUSE IS SHALL THE DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE
166
NYS ASSEMBLY JUNE 8, 2023
HOUSE. THOSE VOTING YES, VOTE TO SUSTAIN THE RULING OF THE CHAIR.
THOSE VOTING NO, VOTE TO OVERRIDE THE DECISION OF THE CHAIR.
A PARTY VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM CHAIR. WITH
ALL DUE RESPECT, WE THINK YOU MAY HAVE BEEN MISTAKEN AND FOR THAT
REASON WE WILL BE VOTING TO OVERRIDE THE DECISION OF THE CHAIR SO THE
REPUBLICAN CONFERENCE WILL GENERALLY BE VOTING NO. THOSE WHO
SUPPORT THE DECISION OF THE CHAIR SHOULD VOTE YES. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER PHEFFER AMATO: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE WILL BE HONORED TO TAKE YOUR RECOMMENDATION
AND REJECT THIS HOSTILE AMENDMENT AS NOT BEING GERMANE, SO WE WILL BE
VOTING YES.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE).
AND AS THE RESULT -- I'M SORRY. WITHDRAW.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RULING OF THE CHAIR IS SUSTAINED.
ON THE BILL.
AN EXPLANATION HAS BEEN REQUESTED, MS. PAULIN.
167
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: THANK YOU SO MUCH. THE BILL WOULD
SHIFT MOST COUNTY AND TOWN ELECTIONS FROM ODD NUMBERED YEARS TO
EVEN NUMBERED YEARS.
ACTING SPEAKER PHEFFER AMATO: MR.
NORRIS.
MR. NORRIS: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
MR. NORRIS: THANK YOU, MS. PAULIN. I HAVE
SEVERAL QUESTIONS REGARDING THIS BILL. FIRST, I JUST WANT TO MAKE SURE
I'M CLEAR. DOES THIS APPLY TO THE CITY OF NEW YORK OR ANY OTHER CITY IN
THE STATE OF NEW YORK?
MS. PAULIN: NO, IT DOES NOT.
MR. NORRIS: AND WHY NOT?
MS. PAULIN: BECAUSE THERE'S A CONSTITUTIONAL
PROVISION THAT WOULD PRECLUDE THAT FROM HAPPENING.
MR. NORRIS: AND WILL THERE BE FUTURE LEGISLATION TO
CONTEMPLATE PRECLUDING THAT?
MS. PAULIN: THAT IS THE INTENT.
MR. NORRIS: THAT IS THE INTENT --
MS. PAULIN: THAT IS MY INTENT.
MR, NORRIS: THAT IS YOUR INTENT, GREAT. OKAY.
NOW, WHAT ABOUT THE COUNTY OFFICES? ARE THERE ANY EXEMPTIONS FOR
COUNTY OFFICES?
MS. PAULIN: YES. DA, COUNTY CLERK, SHERIFF AND
168
NYS ASSEMBLY JUNE 8, 2023
NOT A COUNTY OFFICE BUT TOWN JUSTICE ARE ALSO - BECAUSE OF THE
CONSTITUTION - PRECLUDED FROM BEING, OR PRECLUDED BECAUSE OF THE
CONSTITUTION FROM BEING INCLUDED.
MR. NORRIS: ALSO INCLUDE JUDGES AS WELL --
MS. PAULIN: YES.
MR. NORRIS: -- THAT PROTECT THE CONSTITUTION.
MS. PAULIN: YES.
MR. NORRIS: GREAT. OKAY. NOW I JUST WANT TO
FOCUS IN ON THIS BECAUSE I WOULD IMAGINE THERE'S A LOT OF PEOPLE PAYING
ATTENTION TO THIS. SO, MY QUESTION FOR YOU IS, BASED UPON THE LANGUAGE
PARTICULARLY IN SECTION 5 OF THE BILL, WILL ANY ELECTED OFFICIAL WHO HAS
BEEN ELECTED TO A FIXED TERM ALREADY LOSE A YEAR OF THEIR TERM BY THE
OPERATION OF THIS BILL?
MS. PAULIN: SO, THE WAY IT WOULD WORK IS THAT
ANYBODY RUNNING NOW WOULD FINISH THEIR TERM WHETHER IT'S TWO YEARS,
OR FOUR YEARS, BECAUSE THIS IS AN ODD YEAR WE'RE IN. SO THEY WOULD --
YOU KNOW, WE WOULDN'T BE CHANGING THAT. THE NEXT YEAR THOSE SAME
INDIVIDUALS OR THE SAME OFFICES WERE HELD FOR -- THEY WOULD -- IT WOULD
BE TRUNCATED. SO FOR A TWO-YEAR TERM, IT WOULD BE ONE YEAR AND FOR A
FOUR-YEAR TERM IT WOULD BE THREE YEARS TAKING THEM TO AN EVEN YEAR.
MR. NORRIS: ALL RIGHT. I WANT TO REALLY BREAK THIS
DOWN. MY JOB HERE IS GOING TO BE MORE LIKE LOGICAL, I'M SURE MANY OF
MY COLLEAGUES WILL HAVE A LOT OF OTHER STATEMENTS TO MAKE. SO, IF
YOU'RE RUNNING THIS YEAR FOR TOWN SUPERVISOR AND YOUR NAME IS ON THE
BALLOT --
169
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: RIGHT.
MR. NORRIS: -- ARE YOU GOING TO RUN FOR A ONE-YEAR
TERM OR A TWO-YEAR TERM IF THE OFFICE ITSELF WAS SUPPOSED TO BE TWO
YEARS?
MS. PAULIN: TWO YEARS.
MR. NORRIS: TWO YEARS, OKAY. SO, WHAT IF YOU
WERE A MEMBER OF THE TOWN BOARD, ALREADY SERVING, YOU WERE ELECTED
IN 2021, YOU BEGAN ON JANUARY 1ST, 2022, WHEN DOES YOUR TERM EXPIRE?
MS. PAULIN: WAIT. SAY THAT ONE MORE TIME.
MR. NORRIS: SO, I WANT TO GO BACK, BECAUSE THIS IS
IMPORTANT.
MS. PAULIN: OKAY.
MR. NORRIS: WHEN SOMEONE WAS ELECTED IN 2021
--
MS. PAULIN: FOR A FOUR-YEAR TERM?
MR. NORRIS: -- FOR A FOUR-YEAR TERM.
MS. PAULIN: FOR A FOUR-YEAR TERM, OKAY.
MR. NORRIS: THEY TOOK OFFICE JANUARY 1ST, 2022,
DOES THEIR TERM EXPIRE AT THE END OF DECEMBER OF 2025?
MS. PAULIN: THEY FINISH THEIR TERM.
MR. NORRIS: THEY FINISH THEIR TERM.
MS. PAULIN: YUP.
MR. NORRIS: WHEN DOES THE ONE YEAR TAKE PLACE
THEN?
MS. PAULIN: SO, IT WOULD ONLY BE ONE YEAR FOR
170
NYS ASSEMBLY JUNE 8, 2023
SOMEONE WHO'S RUNNING FOR A TWO-YEAR TERM. IF SOMEBODY WAS RUNNING
FOR A FOUR-YEAR TERM, IT WOULD BE THREE YEARS, THAT'S HOW WE'RE
TRUNCATING IT. AND IT WOULD BE AFTER THEY -- THIS -- AS YOU SAID, IT WOULD
BE AFTER THE PERSON WHO HAD A FOUR-YEAR TERM IS UP AT THE COMPLETION OF
THEIR TERM, THEN IT WOULD BE A THREE-YEAR TERM GOING FORWARD AND THE
PERSON WHO IS RUNNING THIS YEAR FOR A TWO-YEAR TERM IT WOULD BE THE
FOLLOWING TIME THEY RAN FOR A ONE-YEAR TERM.
MR. NORRIS: OKAY. SO, IF IT WAS THEY'RE RUNNING
FOR 2025, FOR A TWO-YEAR TERM, IS IT AT THAT POINT THAT THEY'RE GOING TO
RUN FOR THE ONE-YEAR TERM?
MS. PAULIN: YES.
MR. NORRIS: OKAY. CAN YOU -- SO, I WANT TO BE
CRYSTAL CLEAR ON THIS BECAUSE I THINK THE COURTS ARE GOING TO LOOK AT THIS
LANGUAGE VERY CAREFULLY AND THE INTERPRETATION OF WHAT YOU SAY AS A
SPONSOR. DOES ANYBODY LOSE ANY PORTION OF THEIR TERM THAT THEY HAVE
BEEN ELECTED TO?
MS. PAULIN: NO.
MR. NORRIS: OKAY. NOW WHEN I LOOK AT THE
NOTWITHSTANDING CLAUSE IN SECTION 5, IT TALKS ABOUT THE LAW, ANY LAW,
CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR REGULATION OF ANY LOCAL
BODY. DOES THIS LEGISLATION TRUMP ALL OF IT INCLUDING COUNTY CHARTERS
AND ANY LOCAL RULE?
MS. PAULIN: YES. THAT'S THE INTENT.
MR. NORRIS: OKAY. NOW, I JUST WANT TO ZONE IN ON
ONE PARTICULAR DATE IN SECTION 7. THAT IS WHEN THE ACT SHALL TAKE EFFECT.
171
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: YES.
MR. NORRIS: NOW, IT SAYS THIS ACT SHALL TAKE EFFECT
IMMEDIATELY, PROVIDED HOWEVER, THAT SECTIONS 1, 2, 3 AND 4 SHALL TAKE
EFFECT ON JANUARY 1ST, 2025. A LOT OF THOSE WILL ACTUALLY CHANGE IT FROM
ODD TO EVEN.
MS. PAULIN: RIGHT.
MR. NORRIS: SO, I JUST WANT TO MAKE SURE THAT
SECTION 5 DOES TAKE EFFECT IMMEDIATELY.
MS. PAULIN: SECTION 5 -- I MEAN, I KNOW YOU'RE
GOING TO MAKE ANOTHER POINT SO MAYBE YOU CAN MAKE THE POINT AND
THEN I'LL KNOW WHERE YOU'RE GOING.
MR. NORRIS: SURE. I JUST WANT TO READ THE SECTION.
MS. PAULIN: OKAY.
MR. NORRIS: IT SAYS, SUBJECT TO THE REQUIREMENTS OF
SECTION 1, 2, 3 OR 4 OF THIS ACT, I'M READING SECTION 5 NOW, ELECTED AND
SERVING THEIR TERM AS OF JANUARY 1ST, 2025 SHALL COMPLETE THEIR FULL
TERM AS ESTABLISHED BY LAW. NOW, IT ALSO SAYS HERE, PROVIDED HOWEVER,
THAT IF THE COMPLETION OF SUCH TERM RESULTS IN THE NEED FOR AN ELECTION
IN AN ODD NUMBERED YEAR AFTER JANUARY 1ST, 2025, THE COUNTY OR TOWN
OFFICIAL EFFECTED AT SUCH ELECTION SHALL HAVE THEIR TERM EXPIRED, AS IF
SUCH OFFICIAL WERE ELECTED AT THE PREVIOUS GENERAL ELECTION HELD IN AN
EVEN NUMBERED YEAR.
MS. PAULIN: RIGHT.
MR. NORRIS: SO, I'M READING THAT AND THAT'S WHY I
ASKED YOUR PREVIOUS QUESTIONS --
172
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: RIGHT.
MR. NORRIS: -- BECAUSE IT SEEMED, BASED UPON THE
LANGUAGE, THAT IF SOMEONE WAS RUNNING THIS YEAR BECAUSE OF THE
PROVIDED HOWEVER CLAUSE, THAT ACTUALLY THEY'D ONLY BE RUNNING FOR ONE
YEAR.
MS. PAULIN: NO, BECAUSE IT TAKES EFFECT IN 2025,
RIGHT? SO, BECAUSE OF THAT, ALL OF THAT LANGUAGE PERTAINS TO ELECTIONS
TAKING PLACE AT THAT POINT.
MR. NORRIS: MS. PAULIN, WITH ALL DUE RESPECT,
THOUGH, THAT SECTION, PARAGRAPH 5, WILL TAKE EFFECT IMMEDIATELY.
SECTIONS 1, 2, 3, AND 4 WILL TAKE EFFECT ON JANUARY 1ST, 2025.
MS. PAULIN: RIGHT, RIGHT. BUT IT'S REFERRING TO
PEOPLE WHO ARE ELECTED POST.
MR. NORRIS: YEAH. IT SAYS ELECTED IN SERVING THEIR
TERM AS OF JANUARY 1ST, 2025. AND SO, I JUST WANT TO MAKE SURE WE'RE
CRYSTAL CLEAR BECAUSE I THINK A COURT WILL LOOK AT THIS, THAT YOU'RE SAYING
THAT PEOPLE WHO ARE RUNNING FOR A TWO-YEAR TERM, THIS YEAR --
MS. PAULIN: RIGHT.
MR. NORRIS: -- WILL RUN FOR THE FULL TWO-YEAR TERM.
MS. PAULIN: YES.
MR. NORRIS: AND THEN IN 2026, THEY WILL RUN FOR
THE ONE-YEAR TERM AND THEN GET BACK ON THE CYCLE.
MS. PAULIN: SO, THE REASON THIS LANGUAGE IS THERE IS
BECAUSE THEY'RE GOING TO HAVE TO RUN IN ANOTHER ODD YEAR FOR ONE YEAR.
MR. NORRIS: IN 2025.
173
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: YEAH. AND THEN THEY RUN AGAIN IN
2026 FOR AN EVEN YEAR, IN THE EVEN YEAR FOR A TWO-YEAR TERM.
MR. NORRIS: OKAY. I JUST WANT TO MAKE SURE WE'RE
CLEAR ON THAT BECAUSE I THINK PEOPLE ARE GOING TO BE LOOKING AT THAT
LANGUAGE.
NOW, IN TERMS OF BOARD OF ELECTIONS AND
ADMINISTRATION OF THE BOARD OF ELECTIONS --
MS. PAULIN: MM-HMM.
MR. NORRIS: HAVE WE GOTTEN ANY COST ESTIMATES
FOR ADDITIONAL POLLING LOCATIONS IN THE EVEN YEARS SINCE WE'RE SHIFTING
THESE TOWN AND COUNTY ELECTIONS THERE?
MS. PAULIN: WELL, WE DON'T REALLY KNOW WHAT THE
TURNOUT -- WHETHER THE TURNOUT WILL BE GREATER THAN THE CURRENT EVEN
YEARS. WHAT WE DO KNOW IS THAT THE TURNOUT IN THE EVEN YEARS IS
GREATER CURRENTLY THAN IN THE ODD YEARS. SO, IF WE THINK OR SEE THAT
THERE'S GOING TO BE AN INCREASE IN TURN OUT, WE WOULD HAVE TO ADJUST,
JUST LIKE WE HAD TO FOR COVID. YOU KNOW, WE DIDN'T ANTICIPATE DURING
COVID THAT WE WOULD SEE SO MANY MORE PEOPLE VOTING, BUT WE DID. I
DON'T KNOW THAT WE ADJUSTED WELL EVERY PLACE BUT WE TRIED TO ADJUST,
AND THE SAME WOULD HAPPEN HERE.
MR. NORRIS: OKAY. IN TERMS OF THE BALLOT ITSELF --
MS. PAULIN: THE WHAT? I'M SORRY.
MR. NORRIS: THE BALLOT, THE ACTUAL BALLOT ON AN
EVEN YEAR. I MEAN RIGHT NOW WE HAVE THE PRESIDENT ON THE BALLOT, YOU
HAVE THE U.S. SENATOR POTENTIALLY, IT'S VERY LONG AS IT ALREADY IS. WE'RE
174
NYS ASSEMBLY JUNE 8, 2023
ON THE BALLOT ON AN EVEN YEAR AND NOW WITH (INAUDIBLE) LOCAL RACES ON
THEM, HOW WILL THE BALLOT ACTUALLY BE FUNCTIONAL TO MAKE SURE THAT
THERE'S ENOUGH SPACE ON THERE?
MS. PAULIN: SO, IF YOU LOOK IN ELECTION LAW, I CAN
GET YOU THE -- SECTION 7.105, SECTION 7.106 AND 110, IT ACCOMMODATES
THAT BY ALLOWING FOR A PERFORATED BALLOT OR IN THE OTHER SECTION
ESSENTIALLY ALLOWING FOR A BALLOT THAT WOULD BE LIKE AN A AND A B BALLOT
AND WE'VE DONE THAT BEFORE IN THIS STATE, PARTICULARLY NEW YORK CITY.
SO THAT -- BECAUSE I KNOW ONE OF THE QUESTIONS, I WENT TO THE CODES
MEETING, IS WHETHER OR NOT WE HAVE TO CHANGE THE CALIBRATIONS OF THE
MACHINE. WE WOULD NOT HAVE TO BECAUSE THE ELECTION LAW DOES
ACCOMMODATE THE BALLOT TO BE PERFORATED AND/OR HAVING TWO OF THEM.
MR. NORRIS: OKAY. NOW, I OFTEN HEAR FROM
CONSTITUENTS THAT THE LINES ARE TOO LONG, THAT IT TAKES TOO MUCH TIME TO
ALREADY VOTE ON THE CURRENT BALLOT, PARTICULARLY IN A PRESIDENTIAL YEAR.
SO, WHAT ARE WE GOING TO DO IF THIS PASSES TO ACCOMMODATE THOSE
VOTERS WITH PROPER FUNDING TO MAKE SURE PEOPLE CAN ACTUALLY TAKE THE
TIME TO FILL OUT THE BALLOT, DON'T FEEL RUSHED, AND DON'T GET FRUSTRATED TO
LEAVE THE POLLING SITE?
MS. PAULIN: I -- I THINK THAT WE HAVE TO, YOU KNOW,
YES, IT'S TRUE THAT IN STATES AND CITIES THAT HAVE GONE TO AN EVEN YEAR
THERE HAS BEEN AN INCREASE IN THE AMOUNT OF PEOPLE THAT HAVE
PARTICIPATED, THAT'S THE GOAL. THAT'S THE REASON WE'RE DOING THE BILL. SO,
IF WE SEE THAT IS GOING TO BE HAPPENING IN NEW YORK, AGAIN, WE'LL HAVE
TO ADJUST. THE WORST CASE SCENARIO IS THAT WE SEE A LOT MORE PEOPLE
175
NYS ASSEMBLY JUNE 8, 2023
VOTING AND THAT WE HAVE TO ADJUST THEREFOR.
MR. NORRIS: BUT YOU MAY SEE THE SAME AMOUNT OF
PEOPLE IN A PRESIDENTIAL YEAR AS YOU WOULD IN A REGULAR PRESIDENTIAL
YEAR, CORRECT?
MS. PAULIN: WE MIGHT.
MR. NORRIS: OKAY. WILL THERE STILL BE ELECTIONS IN
ODD YEARS?
MS. PAULIN: YES, THERE WOULD FOR NOW, UNTIL WE DO
THE SECOND ROUND OF THIS TO TRY TO CLEAN UP THE REST OF THE OFFICES THAT
WE CAN INCLUDE HERE BECAUSE OF CONSTITUTIONAL PROBLEMS.
MR. NORRIS: WILL THERE BE ELECTIONS IN ODD YEARS
TO FILL IN EXPIRED TERMS THEN?
MS. PAULIN: WELL, THERE'S A PROVISION AS I'M SURE
YOU'RE FAMILIAR IN THE CONSTITUTION THAT REQUIRES VACANCIES TO BE FILLED IN
AN ORDERLY MANNER, WHICH HAS BEEN INTERPRETED BY THE COURTS TO MEAN
THREE MONTHS. IF THERE'S -- YOU KNOW, IF THERE'S NO GENERAL ELECTION
WITHIN THAT TIME FRAME. SO WE WOULD -- THAT'S THE PROVISION THAT WE
WOULD HAVE TO CHANGE IN ORDER TO ALLOW VACANCIES TO BE LONGER
PARTICULARLY FOR JUDGES, AND WE ALREADY HAVE APPOINTMENTS FOR THOSE
POSITIONS SO THE APPOINTMENTS WOULD HAVE TO BE A LITTLE LONGER TO MAKE
IT POSSIBLE FOR THEM TO VOTE ON EVEN YEARS. SO, THAT'S SOME OF THE
PROVISIONS THAT WE WOULD NEED TO LOOK AT.
MR. NORRIS: I SEE, OKAY.
MR. SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
176
NYS ASSEMBLY JUNE 8, 2023
MR. NORRIS: THANK YOU, MR. SPEAKER. THANK YOU
TO THE SPONSOR FOR ANSWERING MY QUESTIONS.
THIS IS A DRAMATIC SHIFT IN HOW ELECTIONS ARE GOING TO
OPERATE IN THE STATE OF NEW YORK. AND I HAVE TO SAY THAT I REMEMBER
WHEN I WAS A COMMISSIONER OF ELECTIONS DURING A PRESIDENTIAL
ELECTION YEAR, AND IT TRULY IS UTTER CHAOS TO MAKE SURE THAT WE
ACCOMMODATE THE INCREASE IN VOTERS WHO CAN ACTUALLY, YOU KNOW, GO TO
THE SITES, FILL OUT THEIR BALLOT, THEY ASK FOR THAT BALLOT APPLICATION, THE
TURNOUT IS VERY DRAMATIC. NOW, WITH THAT BEING SAID, I'M VERY
CONCERNED ABOUT THE SIZE OF THE BALLOT AND THE CONFUSION AMONGST
VOTERS WHEN THEY ACTUALLY GO TO THE POLLING SITE AND THEY TRY TO
COMPLETE A BALLOT WITH UP TO 25, 20 OR 25 DIFFERENT OFFICES. ALSO, WHEN
YOU TAKE A LOOK AT CONSTITUTIONAL AMENDMENTS THAT MIGHT BE ON THERE AS
WELL OR A LOCAL REFERENDUM THAT MIGHT BE ON THERE. IT MAY TAKE THEM
15 MINUTES OR LONGER TO FILL OUT A BALLOT. AND THAT ACTUALLY I THINK IS
GOING TO HAVE A CHILLING EFFECT ON INDIVIDUALS WHO WANT TO GO OUT AND
PARTICIPATE IN THE PROCESS. AND I THINK WHEN YOU LOOK AT OUR
FOREFATHERS, MOTHERS, WHEN THEY LOOKED AT DESIGNING THE CONSTITUTION,
THEY SAID WE'RE GOING TO HAVE THE CITY ELECTIONS, LOCAL ELECTIONS, IN A
LOCAL YEAR. IT'S ALREADY EMBODIED WITHIN THE CONSTITUTION. I WISH THEY
WOULD HAVE SAID THAT FOR THE COUNTIES AND THE TOWNS, BUT THAT IS ALSO AN
ELECTION LOCAL YEAR.
I CAN TELL YOU AS A FORMER TOWN ATTORNEY, SOMEONE
WHO HAS PARTICIPATED IN TOWN ELECTIONS, THEY ARE -- NOT MYSELF AS A
CANDIDATE BUT AS COUNTY CHAIRMAN I WAS -- THERE WAS MANY ISSUES FOR
177
NYS ASSEMBLY JUNE 8, 2023
LOCAL GOVERNMENTS THAT WERE DEALT WITH. NOW, TAKE A LOOK AT YOUR
MAILBOX, ALREADY IN A PRESIDENTIAL OR GUBERNATORIAL YEAR, YOU GET STACKS
OF MAIL. I CAN'T IMAGINE THROWING MAIL IN FOR THE TOWN SUPERVISOR, THE
TOWN HIGHWAY SUPERINTENDANT, THE COUNTY LEGISLATOR, THE --
POTENTIALLY THE COUNTY CLERK IF WE MAKE THIS AMENDMENT OR MAYBE
THEY'RE RUNNING ON THERE AND THE TOWN BOARD MEMBERS AND ON AND ON
AND ON. THIS IS GOING TO FRUSTRATE THE VOTERS. IT'S GOING TO HAVE A
CHILLING EFFECT ON OUR LOCAL COMMUNITIES. I AM, YOU KNOW, VERY MUCH
FOR LOCAL CONTROL, LOCAL AUTONOMY AT THE LOCAL LEVEL. WE'VE HAD MAJOR
ISSUES. I CAN TELL YOU, ON ZONING, ON WIND AND SOLAR, FOR EXAMPLE.
THAT'S THE BIGGEST ONE IN MY NECK OF THE WOODS. AND PEOPLE COME
OUT, THEY CAN FOCUS ON IT DURING THE DEBATE OF A LOCAL ELECTION YEAR AND
NOT BE DISTRACTED BY THE PRESIDENTIAL ELECTION, THE GUBERNATORIAL
ELECTION, THE CONGRESSIONAL ELECTION, THE SENATE AND ASSEMBLY
ELECTIONS, THEY CAN FOCUS ON THEIR LOCAL CONTROL. MY TIME IS UP, BUT I
WILL TELL YOU I'M OPPOSED TO THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. RA: THANK YOU, MS. PAULIN. SO, I WANT TO START
178
NYS ASSEMBLY JUNE 8, 2023
WITH JUST SOME GENERAL QUESTIONS ABOUT THE PROCESS THAT CAME UP ABOUT
THIS BILL AND A COUPLE OF THEM I RAISED ON THE AMENDMENT EARLIER. LET
ME START WITH ONE OF THE THINGS I MENTIONED. I -- I RECALL AROUND THIS
TIME LAST YEAR WHEN YOU DECIDED THAT THE BILL WAS NOT READY TO BE
MOVED FORWARD AND YOU TALKING ABOUT HOLDING HEARINGS AND
DISCUSSIONS REGARDING THIS BILL. WERE ANY HEARINGS HELD REGARDING THIS
BILL?
MS. PAULIN: NO, THEY WERE NOT. I'M -- I'M NOT ON
THE COMMITTEE AND I'M NOT THE CHAIR AND I HAD THIS BILL AND WE ACTUALLY
GOT IT IN MUCH BETTER FORM.
MR. RA: OKAY. DID YOU HAVE CONVERSATIONS WITH
THE, YOU KNOW, WITH TOWN SUPERVISORS AND COUNTY EXECUTIVES AND
YOU KNOW, THE STATEWIDE ASSOCIATIONS THAT REPRESENT THEM?
MS. PAULIN: I WOULD SAY THAT, YOU KNOW, THE BILL
HAS BEEN OUT THERE. WE HAVE MEMOS OF OPPOSITION AND SUPPORT AND,
YOU KNOW, IT'S BEEN NOW FLOATING FOR A WHOLE YEAR PAST THAT POINT SO
LOTS OF PEOPLE COULD HAVE WAITED IF THEY WANTED TO JUST LIKE ON ALL THE
BILLS WE DO.
MR. RA: OKAY. AND IN TERMS OF HOW WERE BRINGING
THIS FORWARD AND YOU MENTIONED WITH MR. NORRIS THAT THERE ARE THINGS
THAT YOU'LL BE LOOKING TO CLEAN UP LATER ON, BUT DOES -- DOES THAT INCLUDE
ADVANCING A CONSTITUTIONAL AMENDMENT -- (INAUDIBLE/CROSS-TALK) -- CITY
ELECTIONS?
MS. PAULIN: I -- I -- I WOULD THINK IN ORDER TO
REALLY -, I MEAN THERE'S TWO GOALS HERE, RIGHT? SO, THERE'S ONE THAT
179
NYS ASSEMBLY JUNE 8, 2023
INCREASES VOTER PARTICIPATION, AND THEN THE SECOND GOAL IS TO MAKE IT
LESS EXPENSIVE FOR THE TAXPAYERS. WE DO NOT ACCOMPLISH THE SECOND
GOAL UNTIL WE MAKE SOME OF THOSE CHANGES TO THE CONSTITUTION. SO YES,
THAT WOULD BE THE INTENT, MY INTENT.
MR. RA: ALL RIGHT, BECAUSE I'M SURE YOU CAN
IMAGINE, YOU KNOW, FOR MANY IN THIS CHAMBER WE KNOW THAT THIS IS -
LET'S BE FRANK - THIS IS NO SURPRISE TO ANYBODY. THIS HAS BEEN A LARGELY
NEW YORK CITY DOMINATED CHAMBER FOR A VERY LONG TIME AND
OBVIOUSLY THAT'S THE BIG, YOU KNOW, POPULATION CENTER OF OUR STATE AND
THAT'S -- THAT'S WHERE A LOT OF MEMBERS COME FROM. AND WE'RE LOOKING
AT THIS AND AT LEAST TODAY THERE'S NO BILL BEFORE US TO MAKE THAT CHANGE
SO IT'S NOT GOING TO APPLY THERE, IT'S NOT GOING TO APPLY TO ANY OF THE
OTHER CITIES IN THE STATE, CORRECT?
MS. PAULIN: THAT'S -- THAT'S CORRECT. BUT AS, YOU
KNOW, YOU KNOW, THE CONSTITUTIONAL CHANGE NEEDS TO BE PASSED IN BY
TWO DIFFERENT LEGISLATURES AND SO WE HAVE ONE WHOLE MORE YEAR TO -- TO
GET THAT DONE.
MR. RA: OKAY. SO, IN TERMS OF THE -- THE BILL
LANGUAGE ITSELF.
MS. PAULIN: MM-HMM.
MR. RA: CAN YOU EXPLAIN THE PIECE REGARDING -- IT'S
RIGHT ON THE FIRST PAGE ABOUT THE --
MS. PAULIN: THE COTERMINOUS?
MR. RA: WELL, THE THREE-YEAR TERM PRIOR TO JANUARY
1ST, 2025. CAN YOU JUST EXPLAIN THAT IN CONTEXT OF -- OF THE BILL?
180
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: OH, LET'S SEE. BY ANNUAL TOWN
ELECTION -- OTHER THAN TOWN JUSTICE OR ANY TOWN WITH A THREE-YEAR TERM.
SO, I THINK WE EXCLUDE THREE-YEAR TERM, RIGHT? YEAH. WE EXCLUDE
ANYBODY WHO CURRENTLY HAS A THREE-YEAR TERM FOR NOW.
MR. RA: SO, BUT IF -- IF THIS BECOMES LAW, SO THEN
ANY OFFICE THAT HAS A -- CURRENTLY HAS A THREE-YEAR TERM IS -- IT'S NOT,
YOU KNOW, JUST UP TO THAT TIME AND THEN THEY GET PUT IN LATER LIKE SOME
OF THE OTHER ONES WITH THE SHORTER TERM THAT THOSE OFFICES ARE JUST
EXCLUDED.
MS. PAULIN: FOR NOW. YOU KNOW, I THINK THAT JUST
LIKE VILLAGES ARE EXCLUDED, THEY WERE VERY COMPLICATED, WE HAD
VILLAGES IN MARCH, IN NOVEMBER, IN JUNE. YOU KNOW, WE JUST CHOSE TO
GO -- TO GO THIS SLOW SO THAT WE DON'T MESS ANYTHING UP.
MR. RA: OKAY. AND THEN THIS WAS ASKED AT THE
CODES COMMITTEE MEETING BUT I THINK IT IS IMPORTANT FOR THE RECORD
ABOUT WHY THERE IS AN AMENDMENT TO THE VILLAGE LAW, EVEN THOUGH THIS
DOES NOT APPLY TO VILLAGES, CORRECT?
MS. PAULIN: YES. THERE ARE SIX COTERMINOUS TOWN
VILLAGES. THE -- WHAT WE TRIED TO DO IS TO MAKE IT CLEAR THAT IF YOU'RE
OPERATING AS A VILLAGE, YOU'RE STILL A VILLAGE. BUT IF YOU'RE OPERATING AS
A TOWN, YOU'RE CONSIDERED UNDER THE -- UNDER THE LAW, UNDER THE BILL.
YOU ALSO HAVE ONE UNIQUE SITUATION ACTUALLY NEAR HERE, WHERE THEY
ELECT BOTH TOWN AND VILLAGE AT THE SAME TIME. SO WE EXEMPTED THEM
BECAUSE OF THEIR UNIQUENESS. SO, SO, HAD TO DEAL WITH THOSE SIX
COTERMINOUS VILLAGE TOWNS OR TOWN VILLAGES.
181
NYS ASSEMBLY JUNE 8, 2023
MR. RA: THANK YOU. AND I'LL BE HONEST, THAT WAS
SOMETHING I -- I LEARNED TODAY. I WAS NOT AWARE OF THOSE TOWNS SO IT'S
AN INTERESTING PIECE OF --
MS. PAULIN: I -- I LIVE IN ONE.
MR. RA: OKAY, THERE YOU GO. IN TERMS OF THIS
APPLICATION TO COUNTIES, ALL RIGHT, WE HAVE CERTAIN COUNTY OFFICERS, I
KNOW THIS WAS MENTIONED EARLIER, BUT JUST FOR CLARIFICATION. SO, THAT
WOULD BE WHAT? THE DISTRICT ATTORNEY THAT WOULD NOT BE APPLICABLE --
MS. PAULIN: COUNTY CLERK.
MR. RA: AND THE COUNTY CLERK?
MS. PAULIN: YEP, AND THE SHERIFF. THOSE ARE THE
THREE COUNTY ONES.
MR. RA: OKAY.
MS. PAULIN: AND THE REASON IS THAT THEY HAVE TERMS
OUTLINED IN THE CONSTITUTION. SO BECAUSE THEY HAVE TERMS OUTLINED YOU
WOULD SAY TO YOURSELF OKAY, YOU KNOW, YOU CAN STILL DO THIS, RIGHT?
AND MY -- MY COUNTY -- BECAUSE THE DA WAS (INAUDIBLE) APPOINTED TO
THE COURT OF APPEALS IT ISN'T AN EVEN YEAR. SO, BUT BECAUSE OF THE OTHER
PROVISION THAT I MENTIONED EARLIER IN THE CONSTITUTION WHICH SAYS
ESSENTIALLY AS SOON AS THERE'S A VACANCY YOU HAVE TO FILL IT IN AN ORDERLY
WAY, WHICH IS AGAIN DEEMED BY THE COURTS TO MEAN, YOU KNOW, IF IT'S --
YOU KNOW, IF YOU HAVE THREE MONTHS PRIOR, YOU HAVE TO HAVE A SPECIAL
ELECTION. THEN, BECAUSE OF THAT PROVISION, IT PREVENTS US FROM -- IT GOT
MUCH MORE COMPLICATED TO DEAL WITH THEM. WE HAVE TO DEAL WITH THE
CONSTITUTIONAL AMENDMENT.
182
NYS ASSEMBLY JUNE 8, 2023
MR. RA: AND AS YOU MENTIONED, I KNOW WE HAVE THE
SAME THING IN NASSAU A FEW -- A FEW YEARS BACK WHEN THE -- THE DA
WAS ELECTED TO CONGRESS. WHENEVER THE SPECIAL ELECTIONS ARE --
HAPPENS THEY SERVE A FULL TERM --
MS. PAULIN: BECAUSE OF THE CONSTITUTIONAL
PROVISION FOR THE TERMS.
(INAUDIBLE/CROSS-TALK)
MR. RA: AND IT'S THE SAME WITH COUNTY CLERKS.
MS. PAULIN: YEP.
MR. RA: OKAY. SO AT THE TOWN LEVEL, THOUGH, THIS
WOULD BE -- BECAUSE I KNOW LIKE ON LONG ISLAND, WE HAVE ACTUALLY
TOWNS THAT I REPRESENT. I REPRESENT PARTS OF TWO OF THEM AND -- AND ONE
HAS A FOUR-YEAR TERM FOR THE TOWN CLERK AND ONE HAS A TWO-YEAR TERM
FOR THE TOWN CLERK. SO, I BELIEVE THEY'RE ACTUALLY BOTH UP FOR ELECTION
THIS YEAR AND ONE WILL BE ELECTED FOR A TWO-YEAR -- NO, I'M SORRY. ONE
OF THEM IS NOT UP FOR ELECTION. IT STILL HAS TWO YEARS LEFT ON THE TERM.
SO, LET ME LOOK AT IT FROM THAT PERSPECTIVE.
SO, THIS IS A TOWNWIDE ELECTED OFFICIAL, A TOWN CLERK
WHO IS UP FOR ELECTION THIS YEAR, THEY GET ELECTED TO A TWO-YEAR TERM.
WHEN DO THEY GO BEFORE THE VOTERS AGAIN?
MS. PAULIN: SO, THEN THEY WOULD GO WHEN THEIR
TERM EXPIRED, BUT THEY WOULD GO FOR A TRUNCATED ONE-YEAR TERM TO BRING
THEM TO THE EVEN YEAR POINT.
MR. RA: SO, IN 2025 THEY WOULD RUN -- HAVE TO RUN
FOR A ONE-YEAR TERM.
183
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: RIGHT. THAT'S WHY THERE'S A
COMPLICATED PROVISION IN THE STAFF -- IN THE -- IN THE BILL THAT ESSENTIALLY
ALLOWS FOR THAT ODD YEAR, EVEN THOUGH WE'RE SAYING IT TAKES EFFECT IN
2025.
MR. RA: AND THEN THAT TOWN CLERK SAY WHO --
WHOSE TERM EXPIRES IN 2025, THEY WOULD ALSO RUN FOR A ONE-YEAR TERM
AT THAT POINT?
MS. PAULIN: THREE YEARS.
MR. RA: OH, THEY WOULD RUN FOR THREE YEARS, OKAY,
TO '28.
MS. PAULIN: BECAUSE WE'RE ONLY TRUNCATING ONE
YEAR.
MR. RA: OKAY, INTERESTING. OKAY. SO, I'M TRYING TO
-- I'M TRYING TO WRAP MY HEAD AROUND THIS BECAUSE IT'S SEEMS A LITTLE
TRICKY.
MS. PAULIN: BELIEVE ME, IT WAS HARDER TO WRITE.
MR. RA: THEY'D BOTH BE EXPIRING AT THE SAME TIME,
BUT -- SO, I -- I GUESS THAT -- THAT LEADS ME TO THIS QUESTION SINCE, YOU
KNOW, THOSE ARE THE SAME OFFICES BUT DIFFERENT TOWNS, (INAUDIBLE) AND I
KNOW, YOU KNOW. I BELIEVE ONE OF OUR FORMER COLLEAGUES WHO WAS THE
TOWN CLERK IN ONE OF THOSE TOWNS HAD A TWO-YEAR TERM AT THE TIME AND
EVENTUALLY THEY MADE IT FOUR. SO, HOW DOES -- HOW DO WE DEAL WITH
THAT PIECE OF IT, THOUGH, THAT THESE TOWNS AND I BELIEVE THE STATE -- I
BELIEVE THE STATE NEEDED TO LEGISLATE TO ALLOW THAT CHANGE IN TERMS AT
THE TIME. I DON'T KNOW, ARE YOU FAMILIAR WITH THAT?
184
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: I DON'T REMEMBER.
MR. RA: OKAY. AND IN TERMS OF OTHER TOWN OFFICERS,
IT WOULD BE -- IT APPLIES THE SAME WHETHER IT'S A TOWN-WIDE OR
SOMEBODY IN A DISTRICT, A COUNCILMEMBER OR --
MS. PAULIN: THE ONLY THING THAT IT DOESN'T APPLY TO
IS TOWN JUSTICES BECAUSE THE COURTS HAVE INTERPRETED THE CONSTITUTION
SIMILARLY AS THEY -- AS THEY DID WITH THE OTHER JUSTICES. SO, BECAUSE OF
THE -- BECAUSE OF THAT, TOWN JUSTICES ARE EXCLUDED FROM THIS.
MR. RA: OKAY. AND SAME ON THE COUNTY LEVEL --
MS. PAULIN: ALL THE JUSTICES; COUNTIES, SUPREME,
(INAUDIBLE) IS A LITTLE DIFFERENT BUT COUNTY, FAMILY, WHAT'S THE OTHER ONE?
BUT -- SURROGATE.
MR. RA: AND SO LASTLY, WITH REGARD TO COUNTY
LEGISLATORS, WHICH, YOU KNOW, I KNOW SOME COUNTIES HAVE SOME, SOME
DON'T. THOSE WOULD ALSO BE RUNNING WHEN? IF -- IF THEY'RE UP THIS YEAR
AND THEY HAVE SAY A TWO-YEAR TERM, THEY'RE ALSO WHAT? UP FOR A ONE-
YEAR TERM IN TWO YEARS?
MS. PAULIN: NO. THIS TIME THEY'RE RUNNING, IT'S --
THEY -- THEY DO WHAT THE PETITION AND THE ELECTOR BELIEVED THEY WERE
GOING TO BE DOING, WHICH IS TWO YEARS. OR IF IT'S A COUNTY EXECUTIVE
AND IT'S FOUR YEARS, FOUR YEARS. WHATEVER THEY'RE RUNNING FOR IN THIS ODD
YEAR, THEY FILL THEIR WHOLE TERM. IT'S ONLY THE NEXT TIME THERE'S AN
ELECTION THAT IT'S TRUNCATED TO BRING IT TO THE EVEN YEAR.
MR. RA: SO, THEY WOULD BE A ONE-YEAR --
MS. PAULIN: A ONE-YEAR FOR A TWO-YEAR TERM
185
NYS ASSEMBLY JUNE 8, 2023
PERSON.
MR. RA: OKAY, THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: SO, I -- I JUST WANT TO, AGAIN, POINT OUT A
COUPLE OF THINGS ABOUT THIS BILL. YOU KNOW, I UNDERSTAND THE
CONSTITUTIONAL PROVISIONS. I THINK THERE'S A LOT OF TRUST BEING ASKED ON
US TO SAY WE'RE GOING AT SOME POINT IN THE FUTURE SUBJECT THE CITIES OF
THIS STATE. THIS CAN BE A PLACE VERY OFTEN THAT PARTICULARLY SUBURBAN
LAWMAKERS CAN FEEL LIKE THEY'RE BEING DOMINATED BY THE CITIES. AND I
KNOW PEOPLE THAT I'VE TALKED TO BACK HOME FEEL THAT WAY TODAY WITH
THIS BILL BEFORE US AND I FEEL THAT WAY BECAUSE WE'RE NOT MOVING
FORWARD THE SAME TYPE OF BILL DOING FIRST PASSAGE OF A CONSTITUTIONAL
AMENDMENT, WHICH WE COULD BE DOING TODAY TO SHOW THAT WE'RE SERIOUS
ABOUT DOING THIS FOR EVERYBODY. SO, IT'S VERY HARD FOR ME TO BELIEVE
THAT THERE'S NOT A REASON WHY WE'RE DOING ONE AND NOT THE OTHER. AND
LET'S BE HONEST, IT COULD BE COLLEAGUES WHO REPRESENT THE CITIES WHO
VOTE FOR THIS THAT APPLIES TO NONE OF THEM AND APPLIES TO ALL OF OUR
TOWNS AND COUNTIES HAVING THE STATE COME IN AND MANDATE THEM TO
CHANGE THEIR ELECTIONS THAT HAVE BEEN HELD AT A CERTAIN TIME FOR, I DON'T
KNOW, A HUNDRED YEARS, HUNDREDS OF YEARS, I BELIEVE.
NOW, I SAID ON THE DEBATE EARLIER, YOU KNOW, WE'VE
DONE A LOT TO INCREASE VOTER TURNOUT IN THIS STATE, BUT PART OF THAT IS
ENGAGING THE VOTERS. THEY NEED TO BE INTERESTED IN WHAT'S GOING ON.
AND WE'RE PUTTING OUR COUNTIES AND TOWNS IN A SITUATION NOW THAT THOSE
186
NYS ASSEMBLY JUNE 8, 2023
LOCAL ISSUES, THE COUNTY ASSESSMENT, THE BUILDING DEPARTMENT IN A TOWN,
OR EVEN THOSE EVERYDAY QUALITY OF LIFE THINGS LIKE -- LIKE THE CONDITION
OF ROADS AND PARKS THAT PEOPLE CARE A LOT ABOUT ARE GOING TO BE PLAYING
NOT SECOND FIDDLE BUT THIRD, FOURTH, FIFTH FIDDLE TO WHAT'S GOING IN A
PRESIDENTIAL ELECTION RACE OR WHAT'S GOING ON IN A GOVERNOR'S RACE OR
WHAT'S GOING ON IN A CONGRESSIONAL RACE ABOVE THEM. AND THOSE
CANDIDATES AREN'T -- AREN'T EVEN GOING TO REALLY BE ABLE TO MAKE THAT
CASE TO THE VOTERS ABOUT A LOCAL TOWN BEING BROKEN THAT THEY -- THAT
THEY ARE COMING IN TO FIX AFTER MAYBE ONE PARTY RULE FOR -- FOR YEARS OR
-- OR SOMETHING (INAUDIBLE). SO, THEY'RE LOSING THAT ABILITY. THEY'RE
GOING -- THE MAILBOXES WILL BE FULL OF -- OF THOSE CONGRESSIONAL FLYERS
AND THOSE -- THOSE LEGISLATIVE RACES ABOVE THEM, THE STATE LEGISLATIVE
RACES. THAT'S GOING TO BE WHAT THEY'RE GOING TO SEE ON TV AND
COMMERCIALS AND THE VOTERS ARE GOING TO BE IN MANY WAYS MAKING THEIR
DECISION BASED ON THAT AND NOT THOSE LOCAL ISSUES THAT NEED AN AIRING
AND AGAIN, VOTER TURNOUT, VOTER ENGAGEMENT. ENGAGING THOSE FOLKS IN
THEIR LOCAL COMMUNITIES.
NOW, THE ONE OTHER THING I DO WANT TO MENTION IS THE
OVERALL LENGTH OF THE BALLOT. LAST YEAR WE HAD A PRESS CONFERENCE AND I
SAID AND I MEAN, I DON'T KNOW, THIS IS WHAT IT SEEMED LIKE TO ME, THE
BALLOT WILL LOOK LIKE A CVS RECEIPT, BECAUSE HOW DO YOU FIT ALL OF THE
THESE OFFICES ON A SINGLE BALLOT? I KNOW THERE'S OPPORTUNITIES WITHIN
THE LAW TO DO THINGS, BUT IT'S GOING TO BE HUGE AND AGAIN, I WONDER -- I
WONDER AGAIN HOW MUCH OF AN IMPACT THAT HAS ON THAT LOCAL RACE IF
PEOPLE GET TIRED. WE KNOW A LOT OF PEOPLE, RIGHT, IN THE PRESIDENTIAL
187
NYS ASSEMBLY JUNE 8, 2023
ELECTION, THEY MAY GO IN AND JUST VOTE FOR PRESIDENT AND NOT VOTE DOWN
THE BALLOT. THEY MAY NEVER MAKE IT TO THESE LOCAL -- LOCAL RACES. AND
THEN THIS DOESN'T HAVE ANYWHERE OF THE IMPACT THAT WE'RE LOOKING FOR.
SO, I WOULD URGE MY COLLEAGUES TO REJECT THIS. THIS
BILL IS NOT READY FOR IT TO BE PASSED AND WE NEED TO INCLUDE EVERYBODY
(INAUDIBLE) IN PARTICULAR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, PLEASE CALL WAYS
AND MEANS TO THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HYNDMAN.
WAYS AND MEANS SPEAKER'S CONFERENCE ROOM
IMMEDIATELY, PLEASE.
AND MR. CURRAN, YOU'RE UP.
MR. CURRAN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A COUPLE QUESTIONS?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: SPONSOR YIELDS.
MR. CURRAN: THANK YOU, MS. PAULIN.
SO, I KNOW THAT YOU WERE IN CODES COMMITTEE AND
YOU HEARD A LOT OF MY QUESTIONS BUT I'M GOING TO REPEAT SOME OF THEM
--
188
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: SURE.
MR. CURRAN: -- JUST TO GET SOME ANSWERS IF YOU
DON'T MIND. SO, FIRST OFF, THE FOLLOWING ELECTIONS AREN'T INCLUDED IN THIS
BILL, RIGHT? VILLAGE ELECTIONS, SCHOOL BOARD ELECTIONS AND FIRE DISTRICT
ELECTIONS, RIGHT?
MS. PAULIN: TRUE.
MR. CURRAN: ALL RIGHT. IN YOUR MEMO, THE
JUSTIFICATION FOR THIS BILL IS TO CLEAN UP VOTER CONFUSION AND COST-
SAVINGS. I GUESS MY FIRST QUESTION IS, IF VILLAGE ELECTIONS, WHICH ARE BY
FAR THE MOST FRAGMENTED ELECTIONS THROUGHOUT THE STATE, SOME ARE HELD
IN MARCH, SOME ARE HELD IN JUNE, WHY ARE THEY NOT INCLUDED IN THIS
BILL?
MS. PAULIN: IT WAS JUST ENORMOUSLY COMPLICATED.
YOU KNOW, WE NEEDED TO NARROW IT, YOU KNOW, GET THROUGH THIS AND
THEN TACKLE THAT. IT WAS JUST ENORMOUSLY COMPLICATED BECAUSE OF ALL OF
THE REASONS THAT YOU MENTIONED.
MR. CURRAN: ALL RIGHT. AND --
MS. PAULIN: SOME OF THEM ARE RUN BY VILLAGES,
SOME OF THEM ARE RUN BY THE BOARD OF ELECTIONS, YOU KNOW, WE NEEDED
TO GRAPPLE WITH THAT WHOLE THING.
MR. CURRAN: AND IS THERE -- IS THERE A PLAN OR AN
INTENTION GOING FORWARD TO INCLUDE VILLAGE ELECTIONS INTO THIS EVEN YEAR
DATE?
MS. PAULIN: MY -- PLAN IS TO LOOK AT THE WHOLE
PIECE, YES.
189
NYS ASSEMBLY JUNE 8, 2023
MR. CURRAN: OKAY.
MS. PAULIN: I CAN ONLY SPEAK FOR MYSELF.
MR. CURRAN: SURE, I UNDERSTAND. SCHOOL BOARD
ELECTIONS, SCHOOL BOARD ELECTIONS BY FAR ARE THE LOWEST OUTSIDE OF CITIES
VOTER PARTICIPATED ELECTIONS IN THE STATE. WHY ARE THEY NOT INCLUDED IN
THIS BILL?
MS. PAULIN: WELL, LET ME SAY TWO THINGS. FIRST,
SCHOOL BOARD ELECTIONS ARE RUN BY THE SCHOOL SO NOT BY THE BOARD OF
ELECTIONS SO IT GETS COMPLICATED IN THAT REGARD. AND ALSO, THE VOTE FOR
THE SCHOOL BUDGET. SO, I DON'T KNOW THAT WE'RE READY AS A STATE TO
MAKE THAT BUDGET VOTE EVERY TWO YEARS. THAT COULD BE -- THAT'S A
PROBLEM.
MR. CURRAN: OKAY. NOW, THE OTHER JUSTIFICATION
IS COST-SAVINGS TO OUR LOCALITIES.
MS. PAULIN: MM-HMM.
MR. CURRAN: DO WE HAVE A SPECIFIC NUMBER IN
WHICH LOCALITIES WILL SAVE IF WE MOVE SOME OF THESE ELECTIONS FROM
ODD TO EVEN?
MS. PAULIN: I THINK THAT CERTAINLY WE WON'T SAVE AS
MUCH AS WE WILL, YOU KNOW, WHEN WE CONSOLIDATE MORE INTO THE EVEN
YEARS BECAUSE THEN PERHAPS WE WON'T HAVE ODD YEAR ELECTIONS, NOW WE
ARE LIKELY TO HAVE SOME. WE MAY HAVE SOME AREAS THAT WON'T HAVE,
YOU KNOW, WHERE YOU HAVE COUNTY CLERK EVERY FOUR YEARS MAYBE IN
THE TWO-YEAR. IF YOU HAPPEN NOT TO HAVE A JUDGE, YOU KNOW, YOU
WOULDN'T HAVE AN ELECTION. SO IT'S VERY HARD TO GAUGE. I WILL SAY,
190
NYS ASSEMBLY JUNE 8, 2023
THOUGH, BECAUSE YOU WOULD HAVE FEWER ELECTIONS OF BIG RACES DURING
THAT TIME PERIOD THAT WE PROBABLY WOULD SAVE ON PRIMARIES.
MR. CURRAN: OKAY. BUT LET ME -- LET ME JUST FOR
THE RECORD AND LET ME JUST MAKE SURE THAT EVERYBODY UNDERSTANDS. SO,
UNDER THIS BILL, EVEN IF IT'S PASSED AND SIGNED INTO LAW THEY'LL STILL BE
ELECTIONS FOR LOCALITIES IN ODD NUMBER YEARS FOR SHERIFF, COUNTY CLERK,
DISTRICT ATTORNEYS AND NUMEROUS JUDGES. SO UNTIL -- AND I THINK YOU
STATED YOUR INTENT TO TRY TO CONSOLIDATE SOME OF THOSE AND MOVE THEM
TO EVEN YEARS BUT THAT'S GOING TO BE IN THE FUTURE. WOULD IT BE FAIR TO
SAY THAT UNTIL THAT CONSOLIDATION HAPPENS, THAT LOCALITIES WILL SEE VERY
LITTLE SAVINGS BECAUSE THEY'RE STILL HOLDING THE VERY SAME ELECTION WITH
THE SAME INSPECTION SITES, WITH THE SAME INSPECTORS, WITH THE SAME COST
ASSOCIATED WITH IT WITH BALLOTS, WITH VOTING MACHINES? SO UNTIL THAT
CONSOLIDATION HAPPENS IT REALLY ISN'T GOING TO SEE ANY COST-SAVINGS
OTHER THAN WHAT YOU SAID, MAYBE POSSIBILITY OF LESS PRIMARIES, BUT THAT'S
KIND OF OUT THERE.
MS. PAULIN: WELL, I'LL TELL YOU ONE COST-SAVING.
MR. CURRAN: SURE.
MS. PAULIN: ONE OF THE THINGS THAT WE KNOW THAT
HAPPENS DURING THE EVEN YEARS NOW, WHEN THERE'S MORE PEOPLE ON THE
BALLOT, WE SEE A LOT OF OVERTIME AT THE BOARD OF ELECTIONS BECAUSE
THEY'RE DEALING WITH CONTESTED RACES, THEY'RE DEALING WITH QUITE A LOT OF
STUFF.
MR. CURRAN: SURE.
MS. PAULIN: SO, I THINK THAT ON THOSE ODD YEARS
191
NYS ASSEMBLY JUNE 8, 2023
WHEN THERE'S VERY FEW RACES WE'RE GOING TO SEE VERY LITTLE OVERTIME, SO
THAT WILL BE A SAVINGS THAT WE CAN ANTICIPATE RIGHT AWAY.
MR. CURRAN: BUT CLEARLY, LIKE YOU JUST SAID, IF
WE'RE GOING TO SEE THE SAVINGS IN THE EVEN YEARS -- WELL, THE ODD YEARS
BECAUSE WE'RE MOVING SOME OF THE RACES TO THE EVEN YEARS, THEN
OBVIOUSLY WE'RE GOING TO SEE MORE OVERTIME IN THE ODD YEARS BASED
UPON THE MORE CANDIDATES AND RACES THAT WE HAVE; IS THAT FAIR?
MS. PAULIN: PERHAPS. I WOULD -- I WOULD SAY
THAT -- THAT COULD DEFINITELY HAPPEN BUT THERE'S STATUTORY REQUIREMENTS
TO MAKE SURE THAT IT'S DONE WITHIN A CERTAIN TIME FRAME. SO, YOU KNOW,
PEOPLE CAN JUST WORK SO MANY HOURS IN THE DAY AND, YOU KNOW, WE
MAY SEE MORE EFFICIENCIES.
MR. CURRAN: LET ME ASK YOU. A QUESTION THAT I
BROUGHT UP IN THE CODES COMMITTEE WAS, IF WE ARE GOING TO ELIMINATE
THE MAJORITY, AT LEAST HALF OF THE ELECTIONS IN ODD YEARS, DID YOU
ANTICIPATE A CUT IN STAFF FOR THE BOARD OF ELECTIONS BECAUSE OF THE
REDUCED WORKLOAD IN THOSE ODD YEARS?
MS. PAULIN: THOSE ARE COUNTY DECISIONS, THAT'S NOT
OURS.
MR. CURRAN: BUT DID YOU TAKE THAT INTO
CONSIDERATION?
MS. PAULIN: I -- I DID NOT. I THINK EACH COUNTY WILL
HAVE TO MAKE A DETERMINATION ABOUT WHAT THEY THINK IS APPROPRIATE
STAFF.
MR. CURRAN: NOW, JUST STAYING ON THE COST, AND I
192
NYS ASSEMBLY JUNE 8, 2023
KNOW THAT YOU SPOKE TO MR. RA ABOUT THE BALLOT AND MR. NORRIS ABOUT
THE BALLOTS. AND I'M STILL TRYING TO UNDERSTAND THIS. YOU TALKED ABOUT
UNDER THE ELECTION LAW ALL THE CANDIDATES HAVE TO APPEAR ON ONE BALLOT
OR AT LEAST THAT'S HOW IT'S CURRENTLY WRITTEN.
MS. PAULIN: RIGHT.
MR. CURRAN: BUT YOU HAD STATED THAT THERE IS A
POSSIBILITY FOR A PERFORATED BALLOT AND I THINK THE SECOND OPTION, WHAT
WAS THAT?
MS. PAULIN: SO THE SECOND OPTION IS TO HAVE TWO
BALLOTS.
MR. CURRAN: OKAY.
MS. PAULIN: YOU KNOW, TWO FULL-FACED BALLOTS
BECAUSE THAT'S THE REQUIREMENT, RIGHT? SO, YOU CAN EITHER HAVE IT
PERFORATED BY SECTION, I DON'T KNOW, 105, I THINK AND THEN SECTION 106
ALLOWS FOR THE SEVERING OF THAT. MAYBE IT'S THE OPPOSITE IN THE SECTIONS.
MR. CURRAN: ALL RIGHT. BUT THEY ARE TWO DIFFERENT
TYPES OR NEWER BALLOTS THAN WHAT ARE CURRENTLY EXISTING, IF I UNDERSTAND
YOU CORRECTLY?
MS. PAULIN: NO, IT WOULD BE THE SAME BALLOT.
MR. CURRAN: WE CURRENTLY USE --
MS. PAULIN: YEAH --
MR. CURRAN: -- I DIDN'T MEAN TO INTERRUPT YOU BUT
WE CURRENTLY USE PERFORATED BALLOTS?
MS. PAULIN: YES. WE HAVE USED BOTH, THAT'S WHY
THEY'RE IN THE LAW. THEY'VE BEEN THERE BECAUSE IN NEW YORK CITY, FOR
193
NYS ASSEMBLY JUNE 8, 2023
EXAMPLE, WHEN THEY HAVE -- THINK THAT WAS BROUGHT UP AT THE MEETING
--
MR. CURRAN: RIGHT.
MS. PAULIN: -- YOU KNOW, THEY'VE HAD VERY LONG OR
A LOT OF CANDIDATES RUNNING AND THEY'VE HAD TO USE THOSE BALLOTS.
MR. CURRAN: AND I KNOW THAT IT WAS ASKED
BEFORE, BUT I'M JUST GOING TO ASK AGAIN JUST BECAUSE I WANT TO MAKE
SURE THAT I UNDERSTOOD IT. THERE WOULD BE NO NEED TO RECALIBRATE ANY OF
THE MACHINES BASED UPON THE USE OF THESE PERFORATED BALLOTS --
MS. PAULIN: THAT'S CORRECT.
MR. CURRAN: -- OR USE TWO BALLOTS BECAUSE I
THOUGHT MY UNDERSTANDING WAS NOW THE MACHINE WOULD ONLY ACCEPT
ONE BALLOT AT A TIME.
MS. PAULIN: THAT'S -- THAT'S NOT CORRECT. YOU KNOW
--
MR. CURRAN: OKAY. THANK YOU.
MS. PAULIN: I MEAN IT'S ONE BALLOT AT A TIME BUT
YOU CAN PUT TWO IN.
MR. CURRAN: OH, I DIDN'T KNOW THAT. I WAS SIMPLY
TOLD THAT IT WOULD ONLY ACCEPT ONE PER --
MS. PAULIN: PER PERSON --
MR. CURRAN: -- YEAH, AND THAT WOULD CAUSE A
RECALIBRATION IF IT WAS THROUGH THE --
MS. PAULIN: NOT ACCORDING TO THE STATE BOARD OF
ELECTIONS.
194
NYS ASSEMBLY JUNE 8, 2023
MR. CURRAN: OKAY, THANK YOU. ALSO, YOU
INDICATED, AGAIN, AS PART OF THE JUSTIFICATION THAT WHAT LED TO THIS BILL
WAS VOTER CONFUSION.
MS. PAULIN: AND TURNOUT.
MR. CURRAN: AND TURNOUT, BUT ALSO VOTER
CONFUSION. WAS THERE ANY STUDY OR ANY EVIDENCE TO DEMONSTRATE THAT
THERE WAS VOTER CONFUSION IN THE ODD NUMBER OF YEARS THAT YOU HAVE TO
SUPPORT THIS BILL?
MS. PAULIN: I THINK WE JUST SEE A VERY LOW TURNOUT
IN THE ODD YEARS COMPARED TO THE EVEN YEARS. SO, IF VOTERS ARE NOT
REALIZING THAT THERE'S, YOU KNOW, WHAT WE MEAN BY CONFUSION IS THEY'RE
NOT EVEN REALIZING THAT THERE'S AN ELECTION OR ONE THAT MATTERS TO THEM.
YOU KNOW, WE SEE THIS AS AN OPPORTUNITY TO REV UP THE VOTERS, SO THE
VOTERS WILL PAY MORE ATTENTION, YOU KNOW, TO ALL OF THE RACES.
MR. CURRAN: SO, WHEN YOU SAY "VOTER CONFUSION,"
YOU'RE JUST BASING THAT UPON THE DROP IN NUMBERS FROM THE EVEN TO THE
ODD YEARS.
MS. PAULIN: YES.
MR. CURRAN: ALL RIGHT. ALSO, WOULD IT BE FAIR TO
ASSUME THAT IF WE'RE REDUCING THE NUMBER OF RACES IN ODD YEARS, EVEN
THOUGH THEY'RE GOING TO CONTINUE TO GO FORWARD WITH LESS CANDIDATES,
THAT'S GOING TO ACTUALLY RESULT IN A LOWER VOTER TURNOUT IN THOSE ODD
YEARS?
MS. PAULIN: I -- I AM CONCERNED ABOUT THAT WHICH
IS WHY WE INTEND TO HAVE A PARALLEL CONSTITUTIONAL AMENDMENT TO MAKE
195
NYS ASSEMBLY JUNE 8, 2023
THAT CHANGE.
MR. CURRAN: OKAY. ALSO, A LOT OF THE LOCAL
OFFICIALS, AT LEAST IN MY AREA, HAVE VOICED THEIR CONCERNS OVER THEIR FEAR
THAT LOCAL ISSUES AND -- AND CANDIDATES, LOCAL CANDIDATES, ARE GOING TO
BE OVERSHADOWED WHEN THEY'RE PUT ON THE BALLOT WITH STATE AND
FEDERAL.
MS. PAULIN: MM-HMM.
MR. CURRAN: AND THAT RANGES FROM MONEY, THE
AMOUNT OF MONEY THAT IS DEDICATED TO STATE AND FEDERAL ELECTIONS
COMPARED TO LOCAL ELECTIONS, ALSO MEDIA AND THE OPPORTUNITY TO REACH
OTHER RESIDENTS WITHIN THEIR DISTRICT. DID THAT CONCERN EVER GET FACTORED
INTO YOUR DECISION FOR THIS?
MS. PAULIN: SO, I WOULD SAY THAT PEOPLE PAY MUCH
MORE ATTENTION TO THEIR LOCAL COMMUNITY. FOR EXAMPLE, I WAS ON THE
VILLAGE BOARD WHEN I WAS -- PRIOR TO RUNNING FOR THIS. AND THERE WAS A
BIG, HOT ISSUE IN MY VILLAGE ABOUT WHETHER OR NOT WHEN WE INCLUDED
RECYCLING, WE WERE GOING TO DO IT TO BE PICKED UP IN THE BACK OR THE
FRONT, THAT WAS A BIG ISSUE. THE WHOLE VILLAGE GOT INVOLVED IN THAT
ISSUE. LET ME TELL YOU. A LOT MORE TURNOUT FOR THAT ISSUE THAN FOR ANY
STATE OR PRESIDENTIAL THAT I'VE EVER SEEN BECAUSE PEOPLE REALLY CARE.
SO, I THINK PEOPLE CARE ABOUT WHAT HAPPENS IN THEIR OWN BACKYARD A LOT
MORE, YOU KNOW, THAN THEY CARE ABOUT THE OTHER STUFF. SO, I DON'T THINK
THAT -- I THINK THE OPPOSITE COULD HAPPEN. I THINK THAT A LOCAL BIG ISSUE
COULD DRIVE TURNOUT TO OUR RACES, FOR EXAMPLE.
MR. CURRAN: RESPECTFULLY DISAGREE JUST BASED
196
NYS ASSEMBLY JUNE 8, 2023
UPON THE LAST TWO PRESIDENTIAL ELECTIONS, BUT LET ME JUST ASK YOU THIS
BECAUSE YOU BRING UP A GREAT POINT. YOU'VE -- YOU'VE HEARD OF AND I'M
SURE IN TALKING TO ELECTION COMMISSIONERS, A BALLOT DROP-OFF WHEN IT
GETS TO THE END OF THE -- END OF THE BALLOT AND THAT THERE IS A CERTAIN
PERCENTAGE IN EVERY ELECTION WITH REGARDS TO BALLOT DROP-OFFS. AND I'VE
BEEN TOLD ANYWHERE FROM FIVE TO TEN PERCENT, DEPENDING ON THE YEAR
AND ANYTHING AND YOU'VE HEARD THE SAME, CORRECT?
MS. PAULIN: AND WE ALL LOOK FOR IT BECAUSE WE'RE
AT THE END OF THE BALLOT.
MR. CURRAN: YES, YES. SO, I GUESS MY QUESTION IS
THIS. SO, IF EVERYBODY ACKNOWLEDGES THAT THERE IS A CERTAIN PERCENTAGE
OF BALLOT DROP-OFF AT THE END OF THE BALLOT --
MS. PAULIN: MM-HMM.
MR. CURRAN: -- AND AT THE VERY RACES THAT WE'RE
MOVING FROM A ODD YEAR TO AN EVEN YEAR, ARE THE VERY RACES THAT ARE
GOING TO BE DROPPED OFF BY VOTERS. WOULD IT BE SAFE TO ASSUME THAT
WHATEVER PERCENTAGE THAT WE PICK UP IN VOTER TURNOUT, BY MOVING THAT
RACE TO AN EVEN NUMBERED YEAR, WE'RE GOING TO LOSE ON BALLOT DROP-OFF.
MS. PAULIN: SO, I WOULD SAY THAT, YOU KNOW,
AGAIN, IN PLACES THAT HAVE CHANGED THIS, THE TURNOUTS GONE UP A LOT.
ADDITIONALLY, TURNOUT OR -- OR BALLOT DROP-OFF IS NOT THAT SEVERE, IT'S --
IT'S MINISCULE. SO YES. WE WOULD LOSE SOME PEOPLE WITH THE LONG
BALLOT POTENTIALLY, BUT IT WOULD BE STILL SO MUCH GREATER THAN THE WAY
THE OFF-YEARS GO THAT WE WOULD STILL HAVE AN INCREASE TURNOUT, NOT A
DECREASE TURNOUT FOR THOSE -- FOR THOSE RACES.
197
NYS ASSEMBLY JUNE 8, 2023
MR. CURRAN: LET ME ASK YOU ONE LAST QUESTION,
AND I'M ASKING THIS OUT OF PURE RESPECT FOR YOU AND KNOWING WHAT
YOU'VE DONE IN THIS HOUSE. THE COMMON BELIEF BY LOCAL OFFICIALS,
PARTICULARLY PEOPLE ON MY SIDE, IS THAT SINCE THE CITY OF NEW -- SINCE
ALL OF THE CITIES ARE NOT INCLUDED IN THIS, IN THIS BILL AND THAT BASED UPON
WHAT YOU SAID THERE'S A REPRESENTATION OR A HOPE THAT LATER ON WE WILL
DO SOMETHING ABOUT THAT IN THE LOWEST AREAS WHERE WE HAVE VOTER
TURNOUT, WE'RE IGNORING THAT, BUT WE'RE CHOOSING TO ACTUALLY CHANGE THE
LOCAL OF ELECTIONS IN AREAS WHERE THE CHANGE WOULD BENEFIT WITH
INCREASED TURNOUT, ONE PARTY OVER THE OTHER. WHAT WOULD YOU SAY TO
THAT?
MS. PAULIN: I'LL SAY TWO THINGS.
MR. CURRAN: SURE.
MS. PAULIN: ONE, I -- I HAVE TWO CITIES THAT I
REPRESENT, SMALL CITIES, AND I WOULD HAVE LOVED TO BE ABLE TO INCLUDE
THEM EXCEPT FOR THE CONSTITUTIONAL CHANGE. SO, I CAN ASSURE YOU THAT
I'M GOING TO BE PICKING UP THAT MANTLE. TWO, I -- I WOULD ARGUE THAT,
YOU KNOW, ALL OF YOU ON THAT SIDE OF THE AISLE GET ELECTED IN AN EVEN
YEAR. SO, YOU KNOW, THE FEAR OF NOT ELECTING YOUR SIDE OF THE AISLE IN AN
EVEN YEAR IS MAYBE NOT AS SIGNIFICANT AS OTHER PEOPLE WORRY.
MR. CURRAN: WELL, AS A PERSON THAT WON BY A 138
VOTES, I MIGHT TEND TO DISAGREE WITH YOU ON VOTER TURNOUT, BUT THANK
YOU VERY MUCH FOR YOUR ANSWERS AND I APPRECIATE THE TIME. MR.[SIC]
SPEAKER, ON THE BILL.
ACTING SPEAKER CHANDLER-WATERMAN:
198
NYS ASSEMBLY JUNE 8, 2023
OKAY, ON THE BILL.
MR. CURRAN: THANK YOU. HERE'S -- HERE'S -- IN
LOOKING AT THIS BILL, I HAVE TO RESPECTFULLY DISAGREE WITH THE SPONSOR IN
THAT THIS BILL HAS ANYTHING TO DO WITH EITHER INCREASING VOTER TURN OUT OR
SAVING LOCALITIES FOR ANY MONEY. AND I SAY THAT FOR A -- A VARIETY OF
REASONS. ONE, THIS BILL SPECIFICALLY AS IT IS HERE TONIGHT WITH ONLY
PROMISES THAT WE'RE GOING TO DO SOMETHING IN THE FUTURE, EXCLUDES
EVERY CITY WITHIN THE STATE, WHICH IS ONE-THIRD OF THE VOTERS EVERY TIME
THAT THEY GO TO THE POLLING. SECOND, IT WOULDN'T INCLUDE SCHOOL DISTRICT
ELECTIONS AND FIRE DISTRICTS THAT HAVE THE LOWER VOTER TURNOUT OF
EVERYWHERE EXCEPT FOR THE CITIES. THEN, IT WILL DECREASE VOTER TURNOUT
IN THE ELECTIONS THAT REMAIN IN ODD NUMBERED YEARS AND THERE'S A
PERCENTAGE, AS WE SPOKE ABOUT, OF BALLOTS DROP-OFF IN EVERY ELECTION
THAT WILL OFFSET ANY VOTER INCREASE IN THE LOCAL ELECTIONS THAT WE'RE
ACTUALLY MOVING TO THE EVEN NUMBERED YEARS. IT'S ALSO NOT ABOUT COST-
SAVINGS IN THE MONEY. BOARD OF ELECTIONS ARE WILLING TO INCUR
INCREASED COSTS FOR -- I BELIEVE FOR NEW BALLOTS FOR THE WAY THAT THEY
HAVE TO ACTUALLY DEAL WITH IT. AND -- I'M SORRY. IS MY TIME UP? YOU
KNOW WHAT? MR. SPEAKER, BASED UPON THIS AND THE SKEPTIC IN ME SAYS
THAT THIS BILL IS PURELY ABOUT POLITICS. IT'S ABOUT RESHUFFLING CERTAIN
ELECTIONS TO EVEN YEARS SO THAT ONE PARTY HAS MORE OF A CHANCE TO WIN
THOSE ELECTIONS. AND FOR THAT REASON, MR. [SIC]SPEAKER, I'M VOTING IN
THE NEGATIVE. THANK YOU.
ACTING SPEAKER CHANDLER-WATERMAN:
MR. ARI BROWN.
199
NYS ASSEMBLY JUNE 8, 2023
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
MS. PAULIN: YES.
ACTING SPEAKER CHANDLER-WATERMAN:
WILL THE SPONSOR YIELD?
MR. A. BROWN: TWO EASY QUESTIONS, RESPECTFULLY.
WE WILL BE CARRYING MORE PETITIONS, MILLION OF MORE PIECES OF MAIL,
WE'LL HAVE THIS CRAZY LONG BALLOT, CRAZY LONG LINES TO VOTE, 24/ MEDIA, I
MEAN IT'S EVERYBODY'S CAMPAIGN ON THERE IF WE CAN'T TAKE IT NOW.
BOARDS OF ELECTIONS THAT CAN'T POSSIBLY HANDLE DOUBLE THE AMOUNT OF
ELECTORATES AND I ASK, WHY? I KNOW YOU'VE ANSWERED THAT IN SEVERAL
DIFFERENT WAYS. WHY, WHAT IS THE BENEFIT OF THIS IN A VERY SIMPLE TERM?
MS. PAULIN: MORE PEOPLE VOTING IS GOOD FOR
DEMOCRACY.
MR. A. BROWN: GOOD ANSWER. SO THEN I ASK, WHY
NOT TAKE THIS GREAT EXPERIMENT, LET'S TAKE IT ON THE CITY FIRST AND SEE
HOW IT GOES, BECAUSE IF YOU THINK ABOUT IT, YOU KNOW, THIS IS DO AS I
SAY, NOT AS I DO. EVERYBODY WHO WANTS IT ON THE LOCAL GOVERNMENTS ARE
PUTTING IT ON THE LOCAL GOVERNMENTS, THEY LIVE IN THE CITY. LET'S TRY IT
OUT ON THE CITY FIRST.
MS. PAULIN: I AGREE THAT WE SHOULD MOVE THE CITY
TO THE SAME PLACE.
MR. A. BROWN: WELL, LET'S DO IT FIRST. LET'S SEE
HOW THAT GOES FIRST, SEE HOW IT GOES AND THEN WE'LL DEAL -- DEAL WITH THE
VILLAGES. WE'LL DEAL WITH THE TOWNS, WE'LL DEAL WITH THE COUNTIES
200
NYS ASSEMBLY JUNE 8, 2023
BECAUSE WE SIMPLY DON'T WANT IT.
MS. PAULIN: I HEAR YOU, BUT I LIVE IN AN AREA THAT
I'M NOT -- YOU KNOW, I LIVE IN A SUBURB. I LIVE IN AN AREA THAT HAS
VILLAGE, TOWNS AND COUNTIES AND SO I WAS LOOKING AT THAT THROUGH THAT --
THROUGH -- I WAS LOOKING AT IT THROUGH THAT LENS.
MR. A. BROWN: THANK YOU, MADAM SPONSOR.
MADAM SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER CHANLDER-WATERMAN:
ON THE BILL.
MR. A. BROWN: YES. AS I'VE SAID MANY TIMES IN
THIS CHAMBER, THERE'S NO BETTER GOVERNMENT THAN LOCAL GOVERNMENT.
WHY MESS WITH THIS? I HAVE DEEP CONCERNS ABOUT THE PROPOSAL TO
CHANGE THE FREQUENCY OF ELECTIONS FROM ODD TO EVEN YEARS. I FIRMLY
BELIEVE THAT IT POSES SIGNIFICANT DRAWBACKS AND UNDERMINES THE
PRINCIPALS OF DEMOCRATIC GOVERNANCE THAT WE HOLD SO DEAR. IT CERTAINLY
WAS DESIGNED TO PUNISH LONG ISLAND AND ALL SUBURBAN NEIGHBORHOODS.
THE LANGUAGE CLEARLY SAYS SO.
FIRST AND FOREMOST, ALTERING THE ELECTION STYLE FROM
ODD TO EVEN YEARS WOULD DISRUPT THE BALLOTS AND STABILITY OF OUR
DEMOCRATIC SYSTEM. REGULAR ELECTIONS ARE A CRUCIAL COMPONENT TO THE
HEALTHY DEMOCRACY AS THEY PROVIDE AN OPPORTUNITY FOR CITIZENS TO
EXERCISE THEIR RIGHT TO VOTE AND HOLD THEIR ELECTED OFFICIALS ACCOUNTABLE.
CHANGING THIS FREQUENCY OF ELECTIONS WOULD INTRODUCE UNNECESSARY
COMPLEXITY AND CONFUSION AMONG VOTERS MAKING IT HARDER FOR THEM TO
STAY INFORMED AND ENGAGED IN THE POLITICAL PROCESS. IT WOULD CERTAINLY
201
NYS ASSEMBLY JUNE 8, 2023
LEAD TO VOTER FATIGUE AS INDIVIDUALS WOULD FACE -- BE FACED WITH AN
OVERWHELMING NUMBER OF ELECTIONS TO PARTICIPATE IN WITH A SHORT SPAN
OF TIME. FATIGUE WOULD CERTAINLY SET IN WITH A NEW 20 MILE LONG
MAGILLA STYLE VOTING SHEET. MOREOVER, ALTERING THE ELECTION STYLE
WOULD LIKELY RESULT IN LOWER VOTER TURNOUT, WHICH IS ALREADY A
SIGNIFICANT CONCERN IN MANY DEMOCRACIES AROUND THE WORLD, CERTAINLY
IN THE UNITED STATES. THE PROPOSED CHANGE WOULD DILUTE THE
SIGNIFICANCE OF EACH ELECTION AS VOTERS WILL NOT RECEIVE THE SAME LEVEL
OF URGENCY OR IMPORTANCE IN CHANGING FROM ODD TO EVEN YEAR ELECTIONS
COMPARED TO THE TRADITIONAL ELECTION STYLE. THIS WILL CERTAINLY LEAD TO
APATHY AND DECREASE IN CIVIC PARTICIPATION, ULTIMATELY WEAKENING THE
DEMOCRATIC FABRIC OF OUR SOCIETY. ADDITIONALLY, IMPLEMENTING ODD TO
EVEN YEAR ELECTIONS WOULD PLACE AN UNDUE BURDEN ON POLITICAL
CANDIDATES AND PARTIES. CAMPAIGNS REQUIRE SUBSTANTIAL RESOURCES, TIME
AND EFFORTS TO MOBILIZE VOTERS, DEVELOP PLATFORMS AND COMMUNICATE
THEIR MESSAGE EFFECTIVELY. BY INCREASING THE FREQUENCY OF ELECTIONS,
CANDIDATES AND PARTIES WOULD FACE HEIGHTENED FINANCIAL STRAIN AND
LOGISTICAL CHALLENGES. SMALL OR LESSER-KNOWN PARTIES MIGHT EVEN
STRUGGLE TO COMPETE IN THE NEW ELECTION LANDSCAPE FURTHER DIMINISHING
POLITICAL DIVERSITY AND REPRESENTATION OF MINORITY VIEWPOINTS.
FURTHERMORE, THIS CHANGE OF THIS ELECTION STYLE FROM ODD TO EVEN YEARS
WILL LEAD TO AN IMBALANCED DISTRIBUTION OF POWERS SIMPLY BECAUSE IT
WAS DESIGNED TO PUNISH LONG ISLAND AND SUBURBIA. THIS BILL LITERALLY
EXCLUDES THE CITY. IT ACTUALLY SAYS REQUIRES CERTAIN LOCAL ELECTIONS HELD
OUTSIDE OF NEW YORK CITY. IN FACT, IT EXCLUDES EVERY SINGLE CITY.
202
NYS ASSEMBLY JUNE 8, 2023
THESE BILLS -- THIS BILL USES A VERY SUBTLE -- BILLS USED TO USE VERY SUBTLE
AND NUANCE TERMS. THIS ONE IS JUST BLATANT AND OBVIOUS. CERTAIN
GROUPS OR REGIONS WILL FIND THEMSELVES DISPROPORTIONALLY ADVANTAGED
AND DISADVANTAGED BY THIS CHANGE DEPENDING ON THE COMPOSITION OF THE
ELECTORAL CALENDER. IT WILL LEAD TO FURTHER POLITICAL POLARIZATION AND
NEGLECT OF CRITICAL ISSUES DURING PERIODS WITHOUT ELECTIONS AS
POLICYMAKERS MIGHT BE TEMPTED TO FOCUS SOLELY ON THEIR ELECTORAL
PROSPECTS RATHER THAN GOVERNING EFFECTIVELY.
COLLEAGUES, WHEN WILL THESE TAXES ON SUBURBIA END?
IT'S ONE THING AFTER THE NEXT. AFTER ALL, WE ON LONG ISLAND LITERALLY KEEP
THE STATE FINANCIALLY AFLOAT. FOR THESE REASONS, MADAM SPEAKER, I'LL BE
VOTING IN THE NEGATIVE.
ACTING SPEAKER CHANDLER-WATERMAN:
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?
MS. PAULIN: YES.
ACTING SPEAKER CHANDLER-WATERMAN:
SPONSORS [SIC] YIELD.
MR. DURSO: THANK YOU, THANK YOU, MS. PAULIN.
SO, OBVIOUSLY I'M SURE WE'LL GO OVER A COUPLE OF THE SAME QUESTIONS
THAT HAS ALREADY BEEN ASKED BY MY COLLEAGUES, BUT I JUST WANTED TO GET
THEM ON THE RECORD AND MAYBE JUST CLARIFY A COUPLE OF THINGS.
SO, NOW HOW LONG HAS THIS EITHER BILL BEEN PRESENT,
WRITTEN OR BEEN WORKED ON TO TRY AND GET IT ACROSS THE FINISH LINE HERE?
203
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: AT LEAST TWO OR THREE YEARS. I DON'T
REMEMBER EXACTLY.
MR. DURSO: SO, OKAY.
MS. PAULIN: YEAH.
MR. DURSO: SO, TWO TO THREE YEARS, OKAY. SO, ONE
OF THE ISSUES I MAY HAVE WITH THIS IS - AND MY COLLEAGUE HAD BROUGHT IT
UP - SO, OVER TWO OR THREE YEARS, THERE IS NO COST-ANALYSIS DONE OR -- OR
AN IDEA OF SAVINGS THAT WE'RE CLAIMING THAT THIS BILL IS GOING TO DO,
WHICH IS SAVE THE TAXPAYERS MONEY, BUT OVER A TWO TO THREE YEAR TIME
PERIOD WE HAVE NO IDEA OR ANY IDEA ACTUALLY, ABOUT HOW MUCH THIS IS
GOING TO SAVE THE TAXPAYERS.
MS. PAULIN: SO, WE HAVE TO -- PART OF IT IS YOU CAN'T
KNOW BECAUSE, ONE, WE DON'T KNOW IF THERE'S GOING TO BE PRIMARIES IN
THOSE ODD YEARS. WE BELIEVE THEY'LL BE FEWER OF THEM, BUT WE DON'T
KNOW HOW MANY FEWER. WE ALSO KNOW THAT IN ORDER TO HAVE REAL COST-
SAVINGS THAT WE HAVE TO CONSOLIDATE MORE OF THE ELECTIONS. AND SO, IT
-- IT WAS NOT POSSIBLE TO REALLY DO THAT KIND OF ESTIMATE.
MR. DURSO: OKAY. SO, WITH THAT BEING SAID AND
MAYBE I MISSED IT AND THAT'S CERTAINLY POSSIBLE. WHY NOT CONSOLIDATE
MORE AS IN THE 534 VILLAGES THROUGHOUT NEW YORK STATE AND THE 62
CITIES THAT, FROM MY UNDERSTANDING, AND TELL ME IF I'M WRONG, THEY DON'T
QUALIFY FOR THIS, CORRECT?
MS. PAULIN: RIGHT, BECAUSE THE CONSTITUTION
ACTUALLY SAYS CITIES ARE -- I MEAN I COULD READ YOU THE CONSTITUTION --
MR. DURSO: IT'S THE NEW YORK STATE CONSTITUTION
204
NYS ASSEMBLY JUNE 8, 2023
OR IS IT --
MS. PAULIN: NEW YORK STATE CONSTITUTION.
MR. DURSO: NEW YORK STATE CONSTITUTION.
MS. PAULIN: SO, WE HAVE TO CHANGE THAT IN ORDER TO
INCLUDE THE CITIES, ALL CITIES, YOU KNOW, ALL 62 CITIES OR WHATEVER NOW.
MR. DURSO: SO, WHY NOT OVER THE PAST TWO OR THREE
YEARS CHANGE THAT FIRST SO THIS CAN ALL BE DONE AT ONCE IN A MANNER THAT
WOULD ACTUALLY MAKE SENSE THAT THE LEGISLATURE COULD VOTE ON THIS ONE
TIME AND HAVE A REAL COST-SAVINGS. WHY HAVEN'T WE DONE THAT OVER THE
PAST TWO TO THREE YEARS INSTEAD OF RUSHING TO GET AN INCOMPLETE BILL
DONE?
MS. PAULIN: SO, EITHER WAY IT WOULD BE
INCOMPLETE, RIGHT, BECAUSE EITHER WAY YOU NEED SOME LEAD TIME TO GET
THERE. SO, THIS IS THE -- WE HAD THIS BILL. IN FACT, IT INCLUDED EVERYTHING
WHEN WE FIRST STARTED AND SLOWLY WE REALIZED THAT WE COULDN'T INCLUDE
CITIES BECAUSE OF THE CONSTITUTION. AND THEN WE DIDN'T INCLUDE VILLAGES,
WHICH WE'RE IN THE ORIGINAL BILL BECAUSE THEY GOT SO COMPLICATED. SO,
WE ACKNOWLEDGED THAT -- THAT ALL OF THEM HAVE TO BE INCLUDED IN ORDER
TO HAVE REAL COST-SAVINGS. WE'RE GOING TO HAVE MINIMAL COST-SAVINGS
AT BEST, BUT WE NEEDED TO TAKE A STAB AT IT, ONE STAB AT A TIME AND THIS IS
THE FIRST STAB.
MR. DURSO: OKAY. SO, AND I UNDERSTAND THAT THAT
IT'S OBVIOUSLY YOU'RE TRYING TO BEGIN THE PROCESS OF IT, BUT AGAIN, AS MY
COLLEAGUE HAD SAID, YOU'RE -- IN THE SPONSOR'S MEMO, IT SPECIFICALLY
STATES OBVIOUSLY VOTER CONFUSION, WHICH WE'LL GET TO IN A SECOND BUT
205
NYS ASSEMBLY JUNE 8, 2023
COST-SAVINGS. I JUST FEEL THAT OVER A TWO-YEAR OR THREE-YEAR PERIOD WE
COULD HAVE EITHER DONE, YOU KNOW, A -- A CONSTITUTIONAL AMENDMENT TO
ACTUALLY GET THIS ALL DONE AT ONCE, OR MY NEXT QUESTION WOULD BE, WHY
NOT INSTEAD OF DOING THIS YEAR, ACTUALLY PUTTING IT TO A VOTER REFERENDUM
AND LETTING THE VOTERS OF NEW YORK STATE DECIDE IF THEY EVEN HAVE AN
APPETITE FOR SOMETHING LIKE THIS?
MS. PAULIN: WELL, I ACTUALLY THINK THAT BY DOING
THIS FIRST WE WILL INCREASE THAT APPETITE.
MR. DURSO: SO, WE'RE GOING TO INCREASE THE
APPETITE OF THE PEOPLE OF NEW YORK BY --
MS. PAULIN: YES, BECAUSE I THINK THE PEOPLE IN
NEW YORK WILL BE SO HAPPY AND SO EXCITED AROUND THE ELECTIONS NOW
AS OPPOSED TO THE ODD YEARS NOT KNOWING WHO'S RUNNING, WHAT'S GOING
ON, YOU KNOW, SOME PEOPLE DON'T EVEN KNOW THERE'S ELECTIONS IN THE
ODD YEAR. SO -- SO, THIS WILL, YOU KNOW, IT'S LIKE IT'S GOING TO ENCOURAGE
THE VOTERS TO REALLY PAY ATTENTION.
MR. DURSO: OKAY. SO, I'M -- I'M GOING TO MOVE
ON SO WITH SOME OTHER QUESTIONS I HAVE FOR YOU. SO, OBVIOUSLY IT'S TO --
VOTER TURNOUT, RIGHT, IS ONE OF THE BIG PORTIONS OF THIS, RIGHT?
MS. PAULIN: THE BIGGEST.
MR. DURSO: OF COURSE. SO, IS THERE A PLAN IN PLACE
BECAUSE OBVIOUSLY A LOT OF OUR SCHOOLS ARE WHERE PEOPLE ARE GOING TO
VOTE, RIGHT? AND NOW THE INFLUX OF EVEN MORE PEOPLE COMING TO THE
SCHOOLS TO VOTE, WHICH AGAIN, WE WANT EVERYBODY TO VOTE, I'M NOT
AFRAID OF IT. BUT THE FACT OF THE MATTER IS THEY ARE A SCHOOL, THEY ARE
206
NYS ASSEMBLY JUNE 8, 2023
VULNERABLE SITES. I KNOW THERE ARE BILLS IN PLACE TO MAKE SCHOOLS NOT
POLLING SITES, BUT DO WE HAVE ANY TYPE OF MONEYS, FUNDINGS OR ANY TYPE
OF RULES WITHIN THIS LEGISLATION TO HAVE SAY MORE SECURITY ON SCHOOL
SITES? SINCE THEIR VOTER TURNOUT IS GOING TO BE SO MUCH LARGER, IS THERE
ANYTHING IN THIS BILL OR HAS IT BEEN DISCUSSED AT ALL TO PROTECT SOME OF
OUR VULNERABLE?
MS. PAULIN: SO, ONE, WE DON'T KNOW IF IT'S GOING TO
BE LARGER THAN THE PRESIDENTIAL YEAR, IT COULD BE THE SAME. ALL THAT
WOULD MEAN IS THAT THE PRESIDENTIAL YEAR VOTERS WOULD BE VOTING IN
THESE OTHER ELECTIONS SO IT INCREASES FOR THE OTHER ELECTIONS. IF WE
ACTUALLY SEE THAT THE COMPOSITE OF THE ELECTION INCREASES IT TO SUCH A
POINT, THEN, YOU KNOW, WE CAN CONSIDER ADDITIONAL FUNDING, WE CAN
CONSIDER CLOSING THE SCHOOL ON ELECTION DAY, WE CAN CONSIDER MOVING
THE ELECTIONS TO DIFFERENT FACILITIES, WE CAN CONSIDER ALL THOSE THINGS.
BUT CURRENTLY THE PRESIDENTIAL YEAR THERE'S A LOT OF TURNOUT. SO, WE
ALREADY DEAL WITH THAT AND WE JUST DON'T KNOW IF THERE'S GOING TO BE ANY
MORE.
MR. DURSO: WELL, AGAIN, TO YOUR POINT, I -- I
ACTUALLY BELIEVE THERE MIGHT BE BECAUSE NOT ONLY ARE THERE PEOPLE THAT
DON'T CARE ABOUT THEIR LOCAL ELECTIONS, WHICH OBVIOUSLY WE ALWAYS TELL
EVERYBODY LOCAL ELECTIONS MATTER, RIGHT? BUT THERE'S ALSO PEOPLE THAT
DON'T THINK THEIR VOTE COUNTS WHEN IT COMES TO PRESIDENTIAL ELECTION OR
VICE VERSA. SO, YOU MAY ACTUALLY HAVE MORE PEOPLE GOING TO THE POLLS
BECAUSE NOT ONLY IS THE PRESIDENT OR THE GOVERNOR ON THE BALLOT, BUT IT'S
ALSO YOUR LOCAL ELECTIVES AND ALL OF US. (INAUDIBLE/CROSS-TALK)
207
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: SO, THEN I WOULD SAY THIS IS GREAT THAT
WE'RE DOING IT, THEREFORE. I HOPE YOU'RE RIGHT.
MR. DURSO: OKAY. SO, IN THAT CASE, IN THAT VEIN,
THERE'S ACTUALLY GOING TO BE A MUCH LARGER TURNOUT IN THOSE SITES AND I'M
JUST CONCERNED OBVIOUSLY AGAIN -- LISTEN, WE UNDERSTAND WITH SOCIAL
MEDIA, WITH ANYTHING LIKE THAT THERE ARE PEOPLE ON BOTH SIDES THAT GET
EVERYBODY RILED UP AND CRAZY. I AM CONCERNED SPECIFICALLY ABOUT WHEN
THERE'S JUST THAT MANY MORE PEOPLE, AND ESPECIALLY IF IT'S A CONTENTIOUS
ELECTION, AND YOU HAVE THAT MANY MORE PEOPLE NEAR A SCHOOL, THERE IS A
-- A CONCERN, CAN WE AT LEAST SAY THAT? AND I'M JUST HOPING THAT THERE
COULD BE SOME TYPE OF AMENDMENT TO THIS BILL, FUNDING INVOLVED WITH IT
TO MAKE SURE THAT WE DO HAVE MORE SECURITY FOR, AGAIN, THOSE SCHOOLS
AND THE VOTERS THAT ARE COMING.
MS. PAULIN: SO, I THINK WE -- YOU KNOW, FIRSTLY,
YOU KNOW WE DO BUDGETS YEAR TO YEAR, SO THIS DOESN'T TAKE EFFECT FOR A
WHILE. WE CERTAINLY CAN CONSIDER THAT AS WE GO FORWARD TO SEE WHAT
KIND OF TURNOUT MAYBE IN THE FIRST EVEN YEAR AND SEE IF IT -- IT WARRANTS
ADDITIONAL FUNDING OR FUNDING FOR SPECIFIC AREAS OR FUNDING FOR SPECIFIC
SCHOOLS.
MR. DURSO: OKAY. SO, AGAIN, WITH THAT BEING SAID,
WITH SUCH A LARGER TURNOUT POSSIBLY, AS WE SAID, LONGER LINES, THE
INEVITABLE, YOU KNOW, AGAIN, POLL WORKERS THAT COME IN TO WORK THE
VOTING SITES ARE USUALLY, NOT ALL THE TIME BUT A LOT OF TIMES ARE RETIREES
OR SOME ARE SENIOR CITIZENS, THEY REALLY DO ENJOY IT. PRIOR TO BEING
ELECTED I WORKED IN A POLLING PLACE. ARE WE PAYING THEM MORE BY ANY
208
NYS ASSEMBLY JUNE 8, 2023
CHANCE OR ANYTHING OF THAT NATURE BECAUSE, AGAIN, THERE'S GOING TO BE
SUCH A HIGHER TURNOUT ON THOSE YEARS THAT AGAIN, LISTEN, IF YOU'VE BEEN
IN THEM IT GETS CONFUSING, IT GET'S HOT IN THERE, THEY DON'T GET ENOUGH
BREAKS, THEY DON'T EAT ENOUGH. I MEAN ARE WE PAYING THEM MORE BY
ANY CHANCE? IS THERE GOING TO BE MORE POLL WORKERS? IS THERE FUNDING
FOR MORE POLL WORKERS IN THIS BILL?
MS. PAULIN: SO, I WOULD SAY A LOT OF TIMES WHEN
I'VE GONE TO THE POLL THEY'RE SITTING AROUND AND THEY'RE JUST HOPING MORE
PEOPLE WILL COME, YOU KNOW, SO MAYBE THIS WILL PREVENT THAT FROM
HAPPENING AND THEY WILL BE MORE ENGAGED, YOU KNOW, DURING THE
WHOLE DAY. YOU KNOW, AGAIN, OUR -- THE BIGGEST CONCERN WE SHOULD
HAVE IS THAT WE HAVE SO MANY PEOPLE VOTING, HOW WONDERFUL WOULD
THAT BE? AND THAT WE HAVE TO THEN DEAL WITH IT. SO, I AM OPEN TO ALL OF
THE THINGS YOU'RE SAYING IN TERMS OF ADVOCATING FOR THEM TO ENSURE THAT
-- THAT VOTERS PARTICIPATE IN THE BEST WAY POSSIBLE, THAT WE HAVE THE
RIGHT AMOUNT OF WORKERS AT THE POLLING PLACES TO ACCOMMODATE THEM SO
THAT THERE AREN'T LONG LINES, SO THAT THEY CAN USE THEIR -- THEIR -- THEIR --
THEIR VOTE TO THE MAXIMUM POSSIBLE, SO THAT THEY HAVE PRIVACY WHEN
THEY'RE FILLING OUT THAT LONG BALLOT, ALL OF THOSE THINGS. BUT WE HAVE TO
SEE WHAT HAPPENS AND HOPE THAT YOU AND I ARE RIGHT THAT ONE ELECTION IS
GOING TO FEED ON THE OTHER AND DRAW TURNOUT LARGER.
MR. DURSO: BUT -- BUT UNTIL THAT SUCH TIME,
WHETHER IT'S BUDGET TIME OR WE SEE HOW THIS WORKS OUT, IF -- IF THERE'S
LONG LINES THAT ARE WRAPPED AROUND THE BUILDING, WHICH DISENFRANCHISES
VOTERS, LET'S BE HONEST, BECAUSE THEY GET THERE, THEY GO TO WANT TO GO
209
NYS ASSEMBLY JUNE 8, 2023
VOTE AND THEY COULD BE SITTING THERE ALL DAY. AGAIN, THERE'S GOING TO BE
BROKEN MACHINES, THERE'S GOING TO BE PAPER JAMS, ESPECIALLY WITH THE
BALLOT THAT'S AS LONG AS THESE THREE DESKS. I MEAN, IT'S GOING TO BE
CONFUSION AND POSSIBLY AN ISSUE AND WE DON'T WANT TO DISENFRANCHISE
VOTERS. I'M JUST UPSET THAT AGAIN WE DON'T HAVE THESE THINGS IN PLACE
PRIOR TO THE PASSAGE OF THIS BILL, WHICH WE'VE BEEN WORKING ON FOR THREE
YEARS BUT WE DON'T HAVE ANYTHING REALLY IN PLACE TO PROTECT THE VOTERS.
MS. PAULIN: SO, I'D SAY THAT, YOU KNOW, THE FIRST
TIME WE'RE GONNA SEE THE EVEN YEAR ELECTION IS 2026, IT HAPPENS TO BE A
GUBERNATORIAL YEAR, SO IT'S NOT A PRESIDENTIAL YEAR. SO, IF WE SEE THAT IT
-- IT WAS A MUCH HIGHER TURNOUT THAN A USUAL GUBERNATORIAL YEAR, THEN
WE HAVE TIME TWO MORE YEARS TO PLAN FOR THAT PRESIDENTIAL YEAR WHICH
THEN COULD GROW IN ADDITION. SO, I THINK THAT THE WAY WE'VE DONE THIS
IS VERY SMART AND, YOU KNOW, WE'LL HAVE TIME TO GAUGE, YOU KNOW,
WHETHER OR NOT WE NEED ADDITIONAL FUNDS OR ADDITIONAL WAYS TO DEAL.
MR. DURSO: OKAY. THANK YOU, MS. PAULIN, FOR
YOUR ANSWERS, I APPRECIATE IT.
MADAM -- MR. SPEAKER, EXCUSE ME, ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. DURSO: SO, AGAIN, I -- I UNDERSTAND THE
SPONSOR'S INTENT OF THIS BILL, I -- I DO. I THINK IT'S A SHAME THAT THIS BILL
HAS BEEN WORKED ON FOR THE PAST TWO TO THREE YEARS THAT HAS NO COST-
ANALYSIS WHEN THE BILL IS ACTUALLY SAYING IT'S BEING PUT IN PLACE TO SAVE
MONEY. IT'S A LOSS OF LOCAL CONTROL FOR LOCAL MUNICIPALITIES AND
GOVERNMENTS. IT COULD DISENFRANCHISE VOTERS WHO ARE GOING TO HAVE
210
NYS ASSEMBLY JUNE 8, 2023
LONG LINES AROUND THE BLOCK, WE'RE GONNA HAVE BALLOTS THAT ARE AS LONG
AS THESE THREE DESKS, THEY'RE GOING TO JAM THE NEW MACHINES. WE DON'T
HAVE EXTRA MONEY FOR POLLING WORKERS. I'M SURE THAT THE PEOPLE THAT
WORK ON THE BOARD OF ELECTIONS ARE GOING TO BE PSYCHED THAT
EVERYBODY HERE WAS TALKING ABOUT HOW THEIR OVERTIME IS GOING TO BE
CUT, I CAN'T AGREE WITH THAT.
SO, FOR THOSE REASONS THIS IS OBVIOUSLY, LISTEN, AS -- AS
ONE OF MY COLLEAGUES WHO WAS SITTING HERE EARLIER ALWAYS SAYS EVERY
YEAR, YOU CAN'T TAKE THE POLITICS OUT OF POLITICS, BUT THIS IS A VERY
POLITICAL BILL. AND SO FOR THOSE REASONS I'LL BE VOTING IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. FLOOD.
MR. FLOOD: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. FLOOD: MS. PAULIN, I KNOW WE WENT OVER KIND
OF AT LENGTH THIS BILL FOR THE CITIES TO -- TO BE ON THE SAME SCHEDULE
WOULD TAKE A CONSTITUTIONAL AMENDMENT. AT THIS TIME, HAS THIS
AMENDMENT BEEN DRAFTED AT ALL?
MS. PAULIN: IT WAS HARD ENOUGH TO DRAFT THIS, SO IT'S
THE NEXT -- IT'S THE NEXT THING.
MR. FLOOD: THE NEXT THING, OKAY. AND SO IS THERE
211
NYS ASSEMBLY JUNE 8, 2023
A TIME FRAME OF ONE POTENTIALLY THAT COULD HAPPEN?
MS. PAULIN: NEXT SESSION.
MR. FLOOD: NEXT SESSION, OKAY. SO, LET'S SUPPOSE
THAT NEXT SESSION THIS DOESN'T HAPPEN, JUST -- JUST THROWING IT OUT THERE.
IF A MUNICIPALITY HAD DECIDED TO TRY AND CONVERT FROM SAY A TOWN TO A
CITY, WOULD THEY THEN FALL UNDER THE SAME EXEMPTIONS?
MS. PAULIN: SO, IN ORDER TO CONVERT FROM A TOWN TO
A CITY THEY WOULD NEED TO GET APPROVAL FROM US.
MR. FLOOD: OH, I'M VERY AWARE BECAUSE THE TOWN I
LIVE IN, I DID SUBSTANTIAL RESEARCH INTO ACTUALLY TURNING TO A CITY A
COUPLE YEARS AGO AT THE REQUEST OF THE SUPERVISOR BECAUSE OF THERE'S A
BUNCH OF ACTUAL, YOU KNOW, BENEFITS TO BEING A CITY.
MS. PAULIN: MM-HMM.
MR. FLOOD: SO, THAT'S WHAT I WAS ASKING. SO, YOU
KNOW, I'M ASSUMING THIS LEGISLATION ISN'T TO TRY AND KEEP THE VOTE --
MS. PAULIN: NO, IT HAS NOTHING TO DO WITH
INCORPORATED --
MR. FLOOD: I DON'T THINK IT WOULD HAVE ANYTHING TO
INCORPORATE AS A CITY OR NOT.
MS. PAULIN: NO.
MR. FLOOD: SO WOULD THAT -- BUT SAY THERE WAS,
WOULD THEY FALL INTO THAT EXEMPTION?
MS. PAULIN: YES.
MR. FLOOD: OKAY, ALL RIGHT. SO, NOW I UNDERSTAND
-- I GET YOU SAID THIS WAS SLOW AND THIS IS A SLOW PROCESS WE WANT TO
212
NYS ASSEMBLY JUNE 8, 2023
GET IT RIGHT. THERE SEEMS TO BE A LOT THAT COULD GO WRONG WITH THIS SO
WHY ARE WE PUSHING SO HARD TO GET THIS AMENDMENT DONE? AGAIN, I
KNOW THIS WASN'T ASKED, BUT WHY WON'T -- WHY CAN'T WE TRY AND DO THIS
OR WHY WON'T WE LET THE CITIES GO FIRST BEFORE WE HIT SUBURBIA?
MS. PAULIN: SOMEBODY HAD TO GO FIRST.
MR. FLOOD: OKAY. NOW, HERE'S IS MY OTHER
QUESTION. SO, WE DID A LITTLE RESEARCH AND OUR RESEARCH TEAM DID A
PHENOMENAL JOB. OF THE 102 MEMBERS ON THE MAJORITY HERE, 90 OF
THEM HAVE SOME TYPE OF -- OR EITHER HAVE -- ARE FULLY CONTROLLED WITHIN
A CITY OR PARTIALLY HAVE A CITY INSIDE OF THEM. SO, THIS BILL ESSENTIALLY
SEEMS TO TARGET MAJORITY -- IT TARGETS IT SEEMS LIKE AREAS THAT ARE
REPRESENTED BY THE MINORITY HERE.
MS. PAULIN: IT ALSO IS ME.
MR. FLOOD: WELL, I UNDERSTAND BUT LIKE I JUST SAID,
90 OF THE 102, WHICH PUTS YOU RIGHT ABOUT 90 PERCENT OF YOUR MEMBERS
--
MS. PAULIN: WELL, ARE YOU COUNTING THE (INAUDIBLE)
BECAUSE I DO REPRESENT TWO CITIES.
MR. FLOOD: WELL, THAT'S WHAT I SAID, EITHER FULLY
REPRESENT A CITY OR HAVE CITIES WITHIN THEIR DISTRICTS WHERE I BELIEVE THAT
NUMBER IS SUBSTANTIALLY LOWER ON OUR SIDE.
MS. PAULIN: I THINK IT WOULD BE FAIR TO SEE HOW
MANY MEMBERS ACTUALLY HAVE TOWNS AND WE ALL HAVE COUNTIES. SO, ANY
MEMBER OUTSIDE OF THE CITY OF NEW YORK HAS A COUNTY. THIS IS GOING
TO HAVE A BIG IMPACT ON THE COUNTY ELECTIONS. SO, THERE'S MANY MORE OF
213
NYS ASSEMBLY JUNE 8, 2023
US THAN JUST THE DIFFERENCE BETWEEN 102 AND 90.
MR. FLOOD: I'M NOT QUITE SURE I UNDERSTAND. SO,
WHAT THIS IS SAYING IS THAT IT'S ABOUT 90 PERCENT OF YOUR DISTRICT REMAINS
SOMEWHAT UNAFFECTED BY THIS.
MS. PAULIN: NOT -- NOT BECAUSE I'M HAPPY ABOUT IT.
MR. FLOOD: BUT THAT'S WHY I SAID IF IT APPEARS AND
IT WOULD IT BE FAIR TO SAY THAT THIS -- WOULD IT BE FAIR TO SAY THAT THIS
LEGISLATION WILL HAVE A GREATER EFFECT ON AREAS THAT ARE REPRESENTED BY
THE MINORITY OF THIS BODY?
MS. PAULIN: I DIDN'T DO A POLL, I DIDN'T DO A COUNT.
MR. FLOOD: WELL, I'M TELLING YOU WE DID DO IT AND
IT IS. YOU GUYS HAVE 90 OF YOUR MEMBERS OF WHERE IT'S SUBSTANTIALLY
LOWER, IT'S ABOUT MAYBE 15 OF OUR MEMBERS THAT HAVE SOME TYPE OF -- I
BELIEVE IT'S ONLY 6 THAT ARE FULLY WITHIN A CITY AND ABOUT 15 MORE THAT
HAVE SOME TYPE OF CITY WITHIN THEIR DISTRICT.
MS. PAULIN: HOW MANY ARE YOU THAT ARE IN THAT
CATEGORY?
MR. FLOOD: AND WE HAVE 48.
MS. PAULIN: WHAT IS IT?
MR. FLOOD: WE HAVE 48 MEMBERS.
MS. PAULIN: FORTY-EIGHT. SO, YOU'RE SAYING 15
FROM 48 IS 33, RIGHT? AND THEN YOU SAID THERE WAS SOME THAT WERE
COMPLETELY (INAUDIBLE).
MR. FLOOD: SIX.
MS. PAULIN: SIX. SO, THAT'S 20 -- WHAT IS IT?
214
NYS ASSEMBLY JUNE 8, 2023
MR. FLOOD: TWENTY-TWO, I BELIEVE.
MS. PAULIN: TWENTY-SEVEN, RIGHT?
MR. FLOOD: I BELIEVE IT'S -- I BELIEVE THE NUMBER I
WAS GIVEN WAS 22 SO I WAS NEVER GOOD AT MATH.
MS. PAULIN: ALL RIGHT, 22. SO, WE'RE KIND OF CLOSE,
YOU KNOW.
MR. FLOOD: BUT HERE'S THE THING IS THAT 74 OF YOUR
MEMBERS ARE 100 PERCENT WITHIN A CITY SO THEY ABSOLUTELY DON'T EFFECT
ANY OF THEM, SO THAT'S -- THAT'S, YOU KNOW, ABOUT 75 PERCENT OF YOUR
DISTRICT IS FULLY WITHIN --
MS. PAULIN: WELL, IN THIS HOUSE WE DO A LOT OF
BILLS THAT IMPACT ONE AREA. WE DO SOMETIMES BILLS THAT IMPACT ONE AREA
WITH HOME RULES, SO BUT WE ALL VOTE ON IT. SO, YOU KNOW, WE ALL VOTE,
WE ALL SAY OKAY, WE'RE GOING TO ALIENATE PARKLAND IN THIS COUNTY OR THAT
PLACE AND, YOU KNOW, BECAUSE WE KNOW IT'S FOR REPLACEMENT OF COUNTY
LAND OR WHATEVER AND WE'RE -- WE'RE RELYING ON THOSE THAT LIVE THERE AND
REPRESENT THERE TO MAKE THAT JUDGMENT. AND WE ARE ALL COLLECTIVELY
MAKING A JUDGMENT THAT IT'S OKAY TO DO. SO, WE'RE DOING THAT HERE AS
WELL.
MR. FLOOD: BUT THAT'S -- THAT'S WHAT YOU JUST SAID,
YOU'RE RELYING ON THE MEMBERS TO REPRESENT THE DISTRICTS THAT THEY'RE IN.
MS. PAULIN: (INAUDIBLE)
MR. FLOOD: HOWEVER, 75 MEMBERS OF THIS BODY
ARE GOING TO BE ABLE TO VOTE ON THAT THEY ARE 100 PERCENT EXEMPT.
THEIR -- THEIR CITIES ARE 100 PERCENT EXEMPT FROM THIS AND TELL OUR
215
NYS ASSEMBLY JUNE 8, 2023
LOCALITIES WHAT IT IS THAT THEY NEED TO DO.
MS. PAULIN: WE'VE -- WE'VE NEVER SEVERED OR
WE'VE ALWAYS ALLOWED EVERYONE TO VOTE ON EVERYTHING. I THINK THAT'S
PROBABLY NOT CONSTITUTIONAL. WE'D HAVE TO MAKE A CHANGE THERE, TOO.
MR. FLOOD: NO, I UNDERSTAND BUT 74 OF THE
MEMBERS HERE WHO ARE EXEMPTED FROM THIS BILL ARE STILL GOING TO VOTE
ON THE DISTRICTS OF OUR MEMBERS THAT ARE, YOU KNOW --
MS. PAULIN: YES.
MR. FLOOD: -- THAT ARE, YOU KNOW, THAT ARE -- THAT
ARE EFFECTED BY THIS. AND THEN ANOTHER 16 MEMBERS ARE SOMEWHAT
EFFECTED BY IT SLIGHTLY OR, YOU KNOW, A MAJORITY OF THEM.
MS. PAULIN: I -- I HEAR YOU, I'M NOT GOING TO
CONTEST YOUR MATH.
MR. FLOOD: WELL, THAT'S NOT A GOOD IDEA BECAUSE
MY MATH IS NOT (INAUDIBLE). I'LL BE THE FIRST ONE TO ADMIT THAT.
MS. PAULIN: YEAH. BUT YES, THAT'S TRUE. SOME
MEMBERS HERE WILL NOT HAVE ANY IMPACT FROM THIS.
MR. FLOOD: SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. FLOOD: SO, SOME -- SOME OF MY COLLEAGUES
HAD SOME PRETTY ELOQUENT WORDS TO SAY ON THIS. MINE WILL NOT BE AS --
AS ELOQUENT. IT APPEARS THAT THE MEMBERS OF THIS BODY WANT TO CONTROL
MOST OF THE DISTRICTS THAT ARE NOT IN THEIR CONTROL AT THIS POINT. AND
WHAT I MEAN IS IF WE WERE TO TAKE ALL THE CITIES FROM NEW YORK STATE
AND JUST KIND OF GET RID OF THEM AND WE LOOK AT THE LAST GOVERNOR, THE
216
NYS ASSEMBLY JUNE 8, 2023
LAST PRESIDENTIAL ELECTION, WITHOUT THOSE CITIES, NEW YORK STATE IS A
VERY RED STATE. RIGHT NOW, THE MEMBERS OF THIS BODY ARE TRYING TO TAKE
AWAY THE LOCAL CONTROL OF THE -- OF THOSE RED CITIES NOW AND REPLACE
THEM WITH THE ELECTION LAWS THAT MEMBERS OF THE CITIES WANT THEM TO
HAVE. THIS IS BY ALL MEANS A POWER GRAB OF THE MAJORITY IN THIS BODY
TRYING TO TELL LOCAL REPUBLICAN-RUN MUNICIPALITIES HOW THEY'RE GOING TO
DO THEIR ELECTIONS. FOR THAT MATTER, I'M GOING TO VOTE NO. I'M SURE THIS
IS GOING TO BE A PARTY VOTE, BUT WHEN WE TALK ABOUT INCLUSIVITY AND
EQUITY AND MAKING SURE THAT EVERY PERSON'S VOTE COUNTS, I BELIEVE THAT
THIS BODY LOOKS AT IT AS LONG AS IT'S COMING FROM THE MAJORITY. THANK
YOU.
ACTING SPEAKER AUBRY: MR. SLATER.
MR. SLATER.
MR. SLATER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: ABSOLUTELY.
MR. SLATER: NOT A QUESTION, BUT JUST -- YOU'LL BE
HAPPY TO HEAR THE METS JUST PULLED AHEAD, SO THERE YOU GO.
(LAUGHTER)
JUST A COUPLE OF QUESTIONS FOR YOU, AND I'M GOING TO
DO MY BEST NOT TO REPEAT SOME THAT HAVE ALREADY BEEN ASKED. YOU SAID
THAT THE BILL'S BEEN AROUND FOR, YOU SAID I BELIEVE TWO YEARS, ROUGHLY?
MS. PAULIN: YOU KNOW, I THINK LONGER, I JUST DON'T
217
NYS ASSEMBLY JUNE 8, 2023
REMEMBER WHEN I FILED IT.
MR. SLATER: AND SO THAT'S OBVIOUSLY AMPLE TIME
FOR PEOPLE TO FILE MEMOS OF OPPOSITION OR SUPPORT. I'M JUST CURIOUS IF
YOU'VE RECEIVED ANY MEMOS OF SUPPORT FROM ANY OF THE TOWNS, COUNTIES
OR VILLAGES AT THIS IMPASSE?
MS. PAULIN: I HAVEN'T. I MEAN, I'VE DONE A LOT OF
BILLS. MOST COMMONLY, I DON'T GET ANY SUPPORT OR OPPOSITION MEMOS
ON MOST OF THEM, AND I DIDN'T GET VERY MUCH OF ANYTHING ON THIS.
MR. SLATER: BECAUSE I KNOW THAT SOMETIMES OR
OFTENTIMES, MUNICIPALITIES AND COUNTIES WILL PASS RESOLUTIONS IN
SUPPORT OR OPPOSITION TO SOME MEASURES THAT ARE BEING DELIBERATED ON
HERE, SO I WASN'T SURE IF YOU RECEIVED ANY.
MS. PAULIN: I DON'T -- I DON'T HAVE ANY INDIVIDUAL
MEMOS FROM MUNICIPALITIES THAT I'M AWARE OF.
MR. SLATER: OKAY. AND ONE OF THE OTHER
QUESTIONS THAT I HAD KIND OF GOES OFF THE SAME LINE OF THOUGHT BECAUSE
WHEN I REACHED OUT TO MY MUNICIPALITIES DURING THIS WEEK ABOUT THIS
VERY ISSUE, THEY HAD NO IDEA THAT IT WAS BEING DISCUSSED. AND ONE OF
THE QUESTIONS THAT WAS ASKED TO ME, WHEN IT TALKS TO CHANGING THE
TERMS TO CATCH EVERYONE UP SO THAT THEY'RE ON EVEN YEARS, AND I KNOW
WE TALKED ABOUT CHANGING SOME OF THE TERMS THAT PEOPLE ARE GOING TO
BE RUNNING ON, DOES THAT IMPACT THEIR RETIREMENT OR PENSION AT ALL?
MS. PAULIN: NO.
MR. SLATER: IT DOES NOT.
MS. PAULIN: NO. I MEAN, BECAUSE IT'S -- THAT'S
218
NYS ASSEMBLY JUNE 8, 2023
CUMULATIVE, RIGHT, SO NO.
MR. SLATER: OKAY, GREAT. I KNOW THAT WE TALK A
LOT ABOUT THE COST-SAVINGS. THAT IS ONE OF THE MOTIVATING FACTORS FROM
YOUR STANDPOINT ON THE BILL. YOU'VE ALSO SAID THAT WE MAY HAVE TO
ADJUST BASED ON WHAT WE SEE WHEN THIS GETS IMPLEMENTED. WHO IS
GOING TO BEAR THE COST TO IMPLEMENT THOSE ADJUSTMENTS?
MS. PAULIN: SO, I GUESS WHEN YOU'RE TALKING ABOUT,
YOU KNOW, WE WERE TALKING ABOUT AN INCREASED VOTER TURNOUT, YOU
KNOW, AS POTENTIALLY INCREASING COSTS. ONE OTHER OPTION WE WOULD
HAVE TO DECIDE CUMULATIVELY IS IF WE THEN CHANGED TO A NO EXCUSE
ABSENTEE BALLOT, BECAUSE THEN THE LINES WOULD BE REDUCED, VOTERS WOULD
HAVE MORE TIME TO FILL OUT THE BALLOT AND, YOU KNOW, IT WOULD BE GREAT
TO HAVE EVERYONE'S SUPPORT TO DO THAT SO THAT WE WOULDN'T HAVE TO BEAR
THAT COST.
MR. SLATER: BUT THAT'S PREDICATED OFF OF A MEASURE
THAT HASN'T BEEN APPROVED, AND SECONDLY, THAT MEASURE, WOULD IT NOT
CREATE MORE WORK AT THE BOARD OF ELECTIONS IF YOU'RE INCREASING THE
VOLUME OF ABSENTEES?
MS. PAULIN: IT -- IT'S -- IT WOULD -- SIMILAR TO
COVID WHEN WE SAW THAT HAPPEN, THE -- THE -- IT -- IT WAS A MORE
STEADY WAY AS OPPOSED TO THE, YOU KNOW, UNTIL THE END, YOU KNOW,
WHERE THE, YOU KNOW, WHERE EARLY VOTING AND THEN, OF COURSE THE
ELECTION WAS, YOU KNOW, WHERE WE SAW THE INCREASE TO SUCH A DEGREE.
BUT BECAUSE OF THE ABSENTEE BALLOT, YOU KNOW, IT SPREAD OUT THE
WORKLOAD, SO-TO-SPEAK. SO I THINK THIS WOULD DO THAT, TOO. YOU KNOW,
219
NYS ASSEMBLY JUNE 8, 2023
YOU STILL HAVE TO HAVE THE EMPLOYEES THERE. SO INSTEAD OF THEM NOT
BEING BUSY DURING A CERTAIN POINT OF TIME AND THEN BEING VERY BUSY AT
THE END, THIS WOULD SPREAD IT OUT IF WE HAD AN ABILITY TO DO MORE
ABSENTEES. BUT IT'S ALL SUBJECTIVE BECAUSE WE CAN'T DO THAT, AS YOU POINT
OUT. WE DON'T REALLY KNOW WHAT THE INCREASE IS GOING TO BE. WE KNOW
WHAT THE PRESIDENTIAL LOOKS LIKE, WE'LL SEE WHAT THE GUBERNATORIAL FOR
THE FIRST TIME WHETHER THIS WILL INCREASE IT IN TERMS OF A TURNOUT IN
ADDITION TO WHAT WE'RE USUALLY SEEING. SO, YOU KNOW, THAT'LL BE OUR
FIRST TIME TO LOOK AT IT AND SAY, OKAY, DO WE HAVE TO MAKE AN
ADJUSTMENT AND WHAT SHOULD THAT LOOK LIKE, BECAUSE WE WANT TO
ENFRANCHISE EVERYONE.
MR. SLATER: BUT GOING BACK TO THE MECHANICS OF
AN ELECTION, IF YOU'RE GONNA INCREASE THE NUMBER OF CANDIDATES, THE
NUMBER OF RACES IN EACH YEAR, AREN'T YOU GOING TO POTENTIALLY INCREASE,
AGAIN, THAT WORKLOAD FOR THAT SPECIFIC YEAR, WHETHER IT'S, AGAIN, THE
ABSENTEES, VOTER REGISTRATION. EVEN AFTER THE ELECTION'S OVER, RIGHT,
YOU'RE COUNTING THE ABSENTEES, YOU'RE DOING YOUR AUDITS, POSSIBLE
RECOUNTS, LEGAL CHALLENGES THAT WE ALL LOVE AND ENDEAR HERE IN THIS
BODY. SO WON'T THAT, AGAIN, JUST INCREASE ON THOSE EVEN YEARS? SO
YOU'RE -- YOU'RE GONNA CANCEL OUT ANY TYPE OF COST-SAVINGS, POTENTIALLY,
FROM THOSE ODD YEARS?
MS. PAULIN: AGAIN, WE'LL HAVE TO SEE. YOU KNOW,
I DON'T -- I DON'T THINK THAT WE CAN PREJUDGE WHAT THAT'S GOING TO LOOK
LIKE.
MR. SLATER: AND AGAIN, WE STILL AREN'T CLEAR IF WE
220
NYS ASSEMBLY JUNE 8, 2023
ARE GOING TO HAVE TO MAKE ADJUSTMENTS ON THE FLY, WHETHER THAT COST IS
GOING TO BE FUNDED BY THE STATE OR THAT'S GOING TO BECOME AN UNFUNDED
MANDATE FOR OUR COUNTIES.
MS. PAULIN: AGAIN, YOU KNOW, WE'LL HAVE TO SEE AS
WE GO FORWARD.
MR. SLATER: OKAY. SO WE DON'T KNOW FOR SURE
JUST YET.
MS. PAULIN: WE DON'T.
MR. SLATER: OKAY. I WANT TO, IF WE CAN, JUST PIVOT
TO THE LOCAL RACES. AND I KNOW THAT YOU HELD LOCAL OFFICE IN SCARSDALE.
DO YOU THINK THAT THIS CHANGE WILL ALLOW VOTERS -- AND I KNOW YOU
TALKED ABOUT ONE SPECIFIC ISSUE, BUT DO YOU THINK IT'LL CHANGE AND ALLOW
VOTERS TO FOCUS ON THOSE LOCAL ISSUES WHEN YOU HAVE SO MUCH OTHER,
FRANKLY, NOISE ON THE BALLOT WITH THEM?
MS. PAULIN: I THINK MY VILLAGE IS A BAD EXAMPLE
BECAUSE ALMOST EVERY TIME THEY RUN UNOPPOSED AND IT'S A NONPARTISAN
SYSTEM AND IT'S NOT SIMILAR, RIGHT? BUT THERE'S NO FOCUS NOW ON THOSE
LITTLE LOCAL ELECTIONS, SO THIS -- IT CAN'T GET WORSE, IS MY OPINION.
MR. SLATER: WELL, ON A -- ON A -- ON AN ELECTION
YEAR THAT YOU'RE TRYING TO ORCHESTRATE, DO YOU THINK THAT THOSE LOCAL
ISSUES ARE GOING TO BE ABLE TO EMERGE FROM THE SURFACE?
MS. PAULIN: I THINK LOCAL ISSUES EMERGE FROM THE
SURFACE ALL THE TIME, MUCH GREATER THAN OTHER ISSUES. YOU KNOW, SO
YOU KNOW, IF SOMEONE IS WORRIED ABOUT, YOU KNOW, GARBAGE COLLECTION
OR THEY'RE WORRIED ABOUT POLICE PROTECTION OR FIRE PROTECTION, THOSE ARE
221
NYS ASSEMBLY JUNE 8, 2023
BASIC TO PEOPLE. YOU KNOW, I HAVE A VILLAGE NOW THAT'S WORRIED ABOUT
EMS AND HOW QUICK THE RESPONSE TIME IS. YOU KNOW, THAT IS
CONSUMING THE TOWN, IT'S A TOWN ISSUE, VERY MUCH MORE SO THAN IF THERE
WAS A COUNTY OR STATE OF EVEN PRESIDENTIAL YEAR, IT'S CONSUMING THAT
TOWN. SO I DO -- I THINK THAT THE LOCAL -- IF THERE'S A LOCAL ISSUE, THAT
WILL BE WHAT EVERYONE FOCUSES ON AND IF THERE'S NONE, THEN IT'S NOT
GONNA BE WORSE THAN WHAT WE'RE SEEING RIGHT NOW.
MR. SLATER: WELL, I -- I THINK I WOULD RESPECTFULLY
DISAGREE, ONLY BECAUSE WHILE I UNDERSTAND THE POINT YOU'RE TRYING TO
MAKE, WE'RE ALL CONSUMED BY POLITICAL ADS, EITHER THEY'RE ON TV, ON THE
RADIO, DIGITAL ADS IN THE MAIL, RIGHT? SO IT SEEMS LIKE WE GET CONSUMED
BY THE POLITICAL RHETORIC OF THESE EVEN-YEAR ELECTIONS. AND AGAIN, I GO
BACK TO HOW DOES THAT ALLOW LOCAL ISSUES AND LOCAL CANDIDATES WITH
GOOD IDEAS, BOTH SIDES OF THE AISLE, HOW DOES THAT ALLOW THEM TO BE
ABLE TO RAISE THEIR VOICES AND THEIR IDEAS TO THE SURFACE ABOVE ALL THE
NOISE THAT WE SEE EVERY EVEN YEAR?
MS. PAULIN: I THINK IT'S UP TO AN INDIVIDUAL
CANDIDATE TO MAKE THE VOTERS EXCITED. YOU KNOW, IF YOU'RE WILLING TO
GO DOOR-TO-DOOR YOU MAKE THEM A LOT MORE EXCITED THAN IF YOU'RE
SIMPLY GONNA SEND OUT A MAILER.
MR. SLATER: WELL, AND -- AND I APPRECIATE YOU
BRINGING THAT UP BECAUSE ONE OF THE OTHER ISSUES THAT I'M CONCERNED
ABOUT, THOUGH, IS CANDIDATE RECRUITMENT, IN A SENSE, BECAUSE NOW WHAT
WE'RE TELLING CANDIDATES IS, YOU'RE GOING TO HAVE TO COMPETE WITH EVERY
OTHER CAMPAIGN THAT'S GOING ON THAT YEAR. SO YOU'RE GOING TO BE
222
NYS ASSEMBLY JUNE 8, 2023
COMPETING AGAINST YOUR STATE LEGISLATIVE RACES, YOU'RE GOING TO BE
COMPETING AGAINST YOUR COUNTY LEGISLATIVE RACES, YOUR COUNTY
EXECUTIVE RACES. YOU'RE GOING TO BE ALSO COMPETING, THOUGH, AGAINST
GUBERNATORIAL AND POTENTIALLY CONGRESSIONAL AND PRESIDENTIAL, RIGHT?
SO IS THAT GOING -- THAT COST TO BE A CANDIDATE. DO YOU THINK THAT'S
GOING TO MAKE IT MORE OR LESS EXPENSIVE?
MS. PAULIN: I -- I THINK IF SOMEONE HAS THE FIRE AND
ABILITY TO RUN, THEY'RE NOT LOOKING AT THE OTHER THINGS, THEY'RE GONNA RUN.
AND THEY'RE GONNA DEAL WITH THE EXPENSE OF THE CAMPAIGN AND THE
WALKING. YOU KNOW, WE'VE SEEN ELECTIONS TURN AROUND NOT BECAUSE
PEOPLE SPENT MONEY, IN FACT, THE OPPOSITE BECAUSE THEY PUT THEIR HEART
AND SOUL INTO THE -- INTO THAT -- INTO THAT ELECTION BECAUSE WE'VE LIVED --
A LOT OF US LIVE IN SMALL PLACES. SO -- SO, YOU KNOW, COULD IT POTENTIALLY
HARM SOMEONE? I GUESS. ANYTHING WE DO, YOU KNOW, ANY POLICY WE
IMPLEMENT COULD HARM SOMEONE. BUT I DO THINK THE GREATER BENEFIT IS
INCREASED VOTER PARTICIPATION AND INCREASED -- BECAUSE IT LEADS TO A
DEMOCRACY THAT WE BE PROUDER OF, YOU KNOW, THAT -- THAT WHERE MORE
PEOPLE ARE PARTICIPATING, WHERE MORE PEOPLE ARE ENGAGED. I THINK
THAT'S A REAL IMPORTANT BENEFIT, AND THAT'S --
MR. SLATER: I'M NOT DISAGREEING WITH YOU, BUT I
JUST ALSO WORRY THAT WE'RE ALSO GOING TO BE DISSUADING REALLY QUALIFIED
CANDIDATES FROM PARTICIPATING AT THE SAME TIME. AND I JUST --
MS. PAULIN: I THINK IT'S HARD NOW.
MR. SLATER: -- WANT TO MAKE SURE I -- I'M CORRECT
ON THIS -- I'M SORRY?
223
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: I THINK IT'S HARD NOW TO RECRUIT.
MR. SLATER: OH, THERE'S NO DOUBT, THERE'S NO
DOUBT. I -- I JUST WANT TO MAKE SURE I UNDERSTAND ALSO, WE'RE NOW
LOOKING AT A NEW PUBLIC FINANCING OF CAMPAIGNS. WOULD THE LOCAL
ELECTIONS THAT WE'RE IMPACTING, DO THEY QUALIFY?
MS. PAULIN: I THINK WE'LL SEE THAT BILL TOMORROW. I
DON'T -- I DON'T -- IT'S NOT -- I DON'T THINK IT'S ANTICIPATED THAT, YOU KNOW,
THAT WE'RE GOING TO SEE THESE LOCAL ELECTIONS PART OF IT, IT'S A STATE BILL.
MR. SLATER: THANK YOU, THANK YOU. I'M JUST
MAKING SURE THAT I WAS ABLE TO GET THROUGH ALL OF MY OTHER QUESTIONS,
AND I BELIEVE I DID, AND I -- ASSEMBLYWOMAN, I REALLY APPRECIATE YOUR
TIME AND YOUR ANSWERS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. SLATER: YOU KNOW, I ATTENDED A PRESS
CONFERENCE LAST YEAR ABOUT THIS VERY ISSUE, AND I THOUGHT IT WAS ACTUALLY
A JOKE BECAUSE I JUST FIND THAT WE CONTINUE TO IMPEDE ON LOCAL CONTROL,
AS MY COLLEAGUE, ASSEMBLYMAN FLOOD, HAD PREVIOUSLY STATE -- STATED.
WHETHER IT'S ON ZONING ISSUES, WHETHER IT'S ON ELECTION ISSUES, I JUST FEEL
LIKE THIS BODY, THIS LEGISLATIVE BODY, CONTINUES TO OVERSTEP ITS BOUNDS
AND TAKE AWAY LOCAL CONTROL. IT CONTINUES TO IMPEDE ON LOCAL OFFICIALS,
ON OUR LOCAL ELECTED COLLEAGUES. AND I'M -- AS A PREVIOUSLY ELECTED
LOCAL OFFICIAL, THAT'S WHERE THE RUBBER MEETS THE ROAD. AS I SAID EARLIER
DURING THIS SESSION, DURING MY CAMPAIGN WE FOCUSED ON ZONING, WE
FOCUSED ON OUR PLAYGROUNDS, WE FOCUSED ON OUR PARKS AND OUR LAKES.
224
NYS ASSEMBLY JUNE 8, 2023
THOSE ARE NOT THINGS THAT ARE REALLY DISCUSSED DURING STATE RACES,
DURING GUBERNATORIAL RACES, DURING CONGRESSIONAL OR PRESIDENTIAL RACES.
THOSE ARE LOCAL ISSUES, BECAUSE THAT'S WHAT MATTERED TO MY COMMUNITY.
AND I HAVE GRAVE CONCERN THAT BY BRINGING THESE ELECTIONS OVER INTO AN
EVEN YEAR, WE'RE GONNA SILENCE THAT DEBATE, WE'RE GONNA SILENCE THOSE
IDEAS. AND THAT'S REALLY GONNA BE TO THE DETRIMENT OF EVERY ONE OF OUR
COMMUNITIES.
LOCAL CONTROL IS CRUCIAL. THE LOCAL ISSUES THAT WE'RE
DEALING WITH BACK HOME ARE CRUCIAL. AND I JUST THINK THAT WE'RE DOING
OURSELVES AND WE'RE DOING OUR NEIGHBORS AND OUR COMMUNITIES A GREAT
DISSERVICE BY TRYING TO SHIFT THESE ELECTIONS THE WAY THAT'S BEING
PROPOSED. FOR THOSE REASONS, MR. SPEAKER, I'LL BE VOTING AGAINST THIS
MEASURE. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. THROUGH
YOU, MR. SPEAKER, WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. TAGUE: MS. PAULIN, IT'S ALWAYS AN HONOR AND A
PLEASURE TO HAVE THIS DISCUSSION WITH YOU. THE GOOD NEWS IS IS WE
WON'T BE TALKING ABOUT AGRICULTURE TIRES AND WE WON'T BE TALKING ABOUT
ATVS. JUST A COUPLE OF QUICK QUESTIONS HERE. DO -- DO YOU HAVE ANY
225
NYS ASSEMBLY JUNE 8, 2023
IDEA HOW MANY COUNTIES OR LOCAL GOVERNMENTS EXIST IN NEW YORK
STATE?
MS. PAULIN: I THINK THERE'S 62 COUNTIES, RIGHT?
SIXTY-TWO COUNTIES.
MR. TAGUE: WELL, THERE'S 62 COUNTIES, YES.
MS. PAULIN: AND HOW MANY -- WHAT WAS THE OTHER
QUESTION?
MR. TAGUE: HAVE ANY -- ANY OF THOSE COUNTIES
ASKED FOR A CHANGE OR TAKEN A POSITION FOR OR AGAINST THIS LAW?
MS. PAULIN: NO. NOT TO MY KNOWLEDGE.
MR. TAGUE: WELL, I HAVE -- I DO HAVE A COUPLE --
COUPLE OF COUNTIES AND ORGANIZATIONS THAT HAVE SENT OUT THEIR
DISPLEASURE WITH THIS LAW. FIRST OF ALL, THE CLERKS OF THE COUNTY
LEGISLATIVE BOARDS ASSOCIATION SENT A NOTICE TODAY THAT THEY ARE
VEHEMENTLY AGAINST THIS BILL.
MS. PAULIN: SO THE COUNTY CLERK (INAUDIBLE)?
MR. TAGUE: NO. THE CLERKS OF THE COUNTY BOARDS
OF LEGISLATURES. WE HAVE -- IT'S SOMEWHERES IN UP -- UPSTATE NEW
YORK, WE HAVE COUNTY LEGISLATORS.
MS. PAULIN: YEAH.
MR. TAGUE: SO THE CLERKS OF THE COUNTY LEGISLATIVE
BOARDS.
MS. PAULIN: YEAH, I HAVE -- I THINK I HAVE THAT
MEMO. YEAH.
MR. TAGUE: AND ALSO, BOTH THE REPUBLICAN AND
226
NYS ASSEMBLY JUNE 8, 2023
DEMOCRATIC COMMISSIONERS OF ELECTIONS IN GREENE COUNTY HAVE ALSO
CAME OUT IN OPPOSITION TO THIS BILL. AND ONE OF THE REASONS, AND I THINK
WE WOULD HAVE SAW MANY, MANY, MORE COUNTY ORGANIZATIONS AND
ASSOCIATIONS COME OUT HAD THEY KNEW ABOUT THIS. BECAUSE ONE OF THE
PROBLEMS THAT I HAVE, AND I WANT TO ASK THIS QUESTION, IS WHY DIDN'T THIS
LEGISLATION GO THROUGH ELECTION LAW COMMITTEE?
MS. PAULIN: IT WASN'T READY YET.
MR. TAGUE: WELL, THEN MAYBE WE SHOULDN'T BRING
IT TO THE FLOOR IF IT'S NOT READY.
MS. PAULIN: WE WERE STILL MAKING CHANGES TO
MAKE THE BILL BETTER.
MR. TAGUE: BUT I THINK THAT WHAT WE DID IS WE
DISENFRANCHISED THE MEMBERS OF THE ELECTION LAW COMMITTEE THAT ARE
EXPERIENCED WITH ELECTION LAW ISSUES, DIDN'T HAVE THE OPPORTUNITY TO
DEBATE OR DISCUSS THIS IN COMMITTEE AND WE JUST RUSHED IT TO CODES AND
NOW WE'VE GOT IT ON THE FLOOR WITHOUT BEING ABLE TO GET THE INFORMATION
OUT TO THE PEOPLE THAT THIS IS GOING TO AFFECT.
MS. PAULIN: WE -- WE WERE NOT PREPARED YET, AND
WE HAD TO MAKE AMENDMENTS BASED ON INPUT WE GOT FROM THE BOARD OF
ELECTIONS AND SO FORTH. SO THE BILL WASN'T -- WAS JUST RECENTLY
AMENDED.
MR. TAGUE: ALSO, WHAT EXACTLY IS THE SUPPOSED
COST-SAVINGS TO THIS MEASURE?
MS. PAULIN: AS I'VE STATED BEFORE, WE'RE -- WE HAVE
NOT BEEN -- WE ARE NOT ABLE TO ASSESS COST-SAVINGS UNTIL THIS PROCESS
227
NYS ASSEMBLY JUNE 8, 2023
BEGINS.
MR. TAGUE: SO COUNTY BOES, BOARD OF ELECTIONS,
MUST STILL RUN SPECIAL ELECTIONS AND ELECTIONS TO FILL VACANCIES. SO
THOSE COULD STILL -- THOSE COULD STILL HAPPEN AS IT APPEARS UNDER THIS BILL,
CORRECT?
MS. PAULIN: YES. WE DON'T CHANGE THAT.
MR. TAGUE: AND THOSE COULD OCCUR ON ODD YEARS.
MS. PAULIN: YES.
MR. TAGUE: SO HOW WOULD THAT BE A COST-SAVINGS
TO COUNTY BOES IF YOU STILL HAVE TO RUN, FOR INSTANCE, ELECTIONS FOR
COUNTY COURT OR SUPREME COURT JUDGES?
MS. PAULIN: AS I SAID, THOSE ARE -- THOSE WOULD
REQUIRE A CONSTITUTIONAL AMENDMENT AND THE, YOU KNOW, MY PLAN --
BECAUSE, YOU KNOW, I'M VERY MUCH IN FAVOR OF THE COUNTIES BEING ABLE
TO SAVE MONEY AS A RESULT OF CONSOLIDATING THE ELECTIONS -- WOULD BE TO
PUT FORWARD ADDITIONAL LEGISLATION AND RESOLUTIONS THAT WOULD ALLOW FOR
THAT.
MR. TAGUE: AND I KNOW THIS QUESTION HAS BEEN
ASKED IN DIFFERENT WAYS TONIGHT AND I'M GOING TO ASK IT, TOO, JUST TO BE
ON THE RECORD. WITH EVERY OFFICE APPEARING ON THE BALLOT IN AN EVEN
YEAR, HOW MANY INCHES OR FEET WOULD THE AVERAGE BALLOT BE, AND ARE
OUR MACHINES EVEN CAPABLE OF HANDLING SUCH LONG BALLOTS?
MS. PAULIN: SO, THE ANSWER TO THAT IS THE BOARD OF
ELECTIONS TELLS ME THAT THE VAST MAJORITY ARE GOING TO BE ABLE TO FIT ON
ONE PAGE DESPITE THE ADDITION OF -- ELECTIONS -- OR THE ADDITIONAL RACES.
228
NYS ASSEMBLY JUNE 8, 2023
THOSE THAT DO NOT FIT, THE PRECEDENT HAS BEEN SET IN OTHER PLACES,
PRIMARILY NEW YORK CITY, WHERE YOU USE A PERFORATED BALLOT AND/OR
BALLOT A, BALLOT B, SO YOU DON'T HAVE TO CHANGE THE ABILITY -- YOU DON'T
CHANGE THE MACHINE AT ALL AND, YOU KNOW, EVERYONE WILL HAVE THE FULL
FACE BALLOT AS THE LAW REQUIRES.
MR. TAGUE: SO IN OTHER WORDS, VOTERS MAY HAVE
TWO OR THREE BALLOTS?
MS. PAULIN: WELL, THEY'RE NEVER GONNA HAVE THREE,
BUT THEY COULD HAVE TWO.
MR. TAGUE: WELL, HOW DO YOU KNOW? HOW DO
YOU -- HOW DO YOU KNOW? IF YOU HAVE A FULL SLATE OF TOWN CANDIDATES,
COUNTY CANDIDATES, STATE, EXECUTIVE LEVEL AND PRESIDENTIAL, UNITED
STATES SENATE, CONGRESSIONAL CANDIDATES, UNITED STATES -- NEW YORK
STATE SUPREME COURT CANDIDATES, HOW DO YOU KNOW?
MS. PAULIN: SO YOU'RE MAKING AN ARGUMENT NOT TO
INCLUDE THE JUDGES?
MR. TAGUE: NO, I'M NOT MAKING -- I'M MAKING AN
ARGUMENT TO COMPLETELY DO AWAY WITH THIS LEGISLATION BECAUSE I THINK
IT'S CRAZY.
MS. PAULIN: WELL, AGAIN, IT'S ALL ABOUT VOTER
TURNOUT AND THIS WOULD INCREASE IT, AND WE -- OR I BELIEVE THAT THAT'S OF
VALUE.
MR. TAGUE: AND FINALLY, HOW DOES THIS BILL NOT
VIOLATE SECTION 8 OF THE LOCAL GOVERNMENT ARTICLE OF THE STATE
CONSTITUTION SINCE THAT SECTION MANDATES COUNTY OFFICES APPEAR ON THE
229
NYS ASSEMBLY JUNE 8, 2023
ODD-YEAR BALLOT?
MS. PAULIN: SO IT REQUIRES SOME, WHICH ARE THE
ONES THAT WE EXCLUDED FROM THIS BILL.
MR. TAGUE: OKAY.
MR. SPEAKER, THROUGH YOU, ON THE BILL, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. TAGUE: LISTEN, THIS COMES DOWN TO, VERY
SIMPLE, HEALTHY TURNOUT COMES FROM CON -- CONSISTENCY OF PEOPLE
VOTING MORE REGULARLY, NOT MAKING IT AN EVERY-OTHER-YEAR THING.
TURNOUT, ESPECIALLY ON THE DOWN BALLOT LOCALS, WILL ACTUALLY GET
NEGATIVELY AFFECTED BY LONGER LINES, LONGER BALLOTS, AND MOST
IMPORTANTLY, CONFUSED VOTERS. LOCAL CAMPAIGNS WILL BE MADE MORE
EXPENSIVE AS ADVERTISING RATES ARE HIGHER IN EVEN YEARS, MAILBOXES ARE
FULLER, AND EVERYTHING IN GENERAL IS MORE CROWDED. THIS IS NOTHING
MORE THAN A POLITICAL POWER GRAB BY A DESPERATE POLITICAL PARTY WHO
KNOWS THEY CAN'T WIN IN UPSTATE COUNTIES BECAUSE OF THEIR EXTREME OUT-
OF-TOUCH POSITIONS THAT ARE CONSTANTLY BEATEN BACK. THE ONLY WAY THEY
CAN WIN IS TO LITERALLY STEAL THE ELECTIONS BY CANCELLING OUR LOCAL
ELECTIONS.
LASTLY, MR. SPEAKER, THIS AGAIN IS MORE EVIDENCE OF A
ONE-PARTY RULE THAT HAS CORRUPTED NEW YORK STATE GOVERNMENT. JUST
LIKE LAST YEAR WHEN THE MAJORITY WENT AROUND THE WILL OF THE PEOPLE ON
A UNANIMOUS VOTE AND THEY OPPOSED THE WILL OF THE PEOPLE. MY
FRIENDS, THE ONLY THING TO DO IN THIS MATTER IS VOTE NO. IF YOU WANT TO
DO SOMETHING, THEN BRING IT TO THE PEOPLE, LET THEM MAKE THE DECISION
230
NYS ASSEMBLY JUNE 8, 2023
ON HOW THEY WANT TO VOTE. IT SHOULDN'T BE MADE HERE. THIS BODY
SHOULD NOT BE MAKING THE DECISION FOR EVERY SINGLE NEW YORKER WHEN
IT COMES TO THEIR VOTING RIGHT.
THANK YOU, MR. SPEAKER. I VOTE NO.
ACTING SPEAKER AUBRY: MR. JENSEN.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.
WILL THE SPONSOR YIELD --
MS. PAULIN: YES.
MR. JENSEN: -- FOR A FEW QUESTIONS? THANK YOU
VERY MUCH --
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. JENSEN: -- MS. PAULIN. I WANT TO GO BACK TO A
STORY THAT YOU TOLD MR. CURRAN ABOUT THREE DAYS AGO, IT FEELS LIKE, THAT
YOU WERE TALKING ABOUT IN YOUR COMMUNITY THAT YOU LIVE IN THAT THERE
WAS A WASTE MANAGEMENT ISSUE THAT LOCAL RESIDENTS GOT VERY INVESTED
IN, WERE PASSIONATE ABOUT, IT -- IT WAS THE MAIN ISSUE FOR THE LOCAL
ELECTION THAT YEAR. MY QUESTION IS, WAS THAT AN ODD-NUMBERED ELECTION
YEAR OR AN EVEN-NUMBERED ELECTION?
MS. PAULIN: IT WAS MARCH.
MR. JENSEN: OH. WELL, THAT DOESN'T REALLY WORK FOR
MY QUESTION, MY POINT THAT I'M TRYING TO MAKE. BUT I THINK YOUR STORY
THAT YOU TALKED ABOUT FOR THAT, THE EXAMPLE YOU USED WITH MR. FLOOD
FOR EMS, THAT JUST SHOWS THAT WHEN THERE IS A COMPELLING REASON THAT
VOTERS DO CARE, THEY DO GIVE A DAMN, THEY WILL COME OUT AND HAVE THEIR
VOICE HEARD REGARDLESS OF WHEN THAT ELECTION IS HELD.
231
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: I -- I DON'T KNOW THAT IT IMPACTED THE
ELECTION. WHAT IT DOES IS IT BRINGS PEOPLE'S ATTENTION TO THE LOCAL
GOVERNMENT. WE'LL HAVE TO SEE WHETHER IT IMPACTS THE TOWN ELECTION
COMING IN NOVEMBER.
MR. JENSEN: OKAY.
MS. PAULIN: I THINK THEY'RE ALL RUNNING UNOPPOSED,
THOUGH, SO I'M NOT (INAUDIBLE).
MR. JENSEN: SO IF -- WOULD YOU SAY THAT -- I'M NOT
GOING TO GO DOWN THAT -- SO LAST WEEK, THE MONROE COUNTY BOARD OF
ELECTIONS HOSTED A DEMONSTRATION WITH -- FOR ONE OF THE PROPOSED NEW
BALLOT MACHINES THAT IS BEFORE THE STATE BOARD OF ELECTIONS FOR
APPROVAL RIGHT NOW. THE REP FROM THAT COMPANY WHICH WAS BASED
SOMEWHERE IN THE MIDWEST, ENTIRELY BUILT WITHIN THE UNITED STATES,
WHAT SHE SAID WAS THAT THIS MACHINE HAD TO BE PRECISELY DESIGNED
OUTSIDE THE REST OF THE OTHER MACHINES THEY OFFER, FOR NEW YORK'S
ELECTIONS AND OUR STATE'S ELECTION LAWS AS THEY ARE AT THIS MOMENT, NOT
WHAT THEY WILL BE AFTER THIS LEGISLATION IS PASSED AND SIGNED INTO LAW.
THAT MACHINE IS UP FOR APPROVAL BY THE BOARD OF ELECTIONS RIGHT NOW
AND COMPLIES WITH STATE AND FEDERAL LAW. IS THERE A CONCERN THAT WITH
THE APPROVAL OF THIS LEGISLATION AND THE ADDITION OF MORE ELECTED OFFICES
ONTO THE BALLOT THAT NEW MACHINES THAT ARE BEING BROUGHT TO REVIEW AT
THE BOARD OF ELECTIONS WILL NOW BE OUT OF COMPLIANCE WITH THE LAW
AND WHAT THESE MACHINES WERE DESIGNED FOR?
MS. PAULIN: SO I WILL SAY WE COMPLETELY ENGAGED
THE STATE BOARD OF ELECTIONS AND SO MANY OF THE -- IN THE BILL LANGUAGE
232
NYS ASSEMBLY JUNE 8, 2023
TO BE SURE THAT IT WAS CORRECT. AND TODAY AFTER THE CODES MEETING, I
WAS CONCERNED I DIDN'T HAVE THE ANSWER TO ONE OF THE QUESTIONS, AND
NOT ONLY WAS THE ELECTION LAWYER AT THE BOARD ABLE TO ANSWER THE
QUESTION, HE WAS WATCHING THE CODES MEETING. SO I CAN TELL YOU THAT
THEY'RE VERY ENGAGED, KNOW WHAT'S GOING ON, AND WILL MAKE DECISIONS
BASED ON WHAT WE DO HERE.
MR. JENSEN: OKAY. ONE OF THE ISSUES THAT YOU
TALKED ABOUT, AND I THINK ONE OF MY OTHER COLLEAGUES WILL TALK ABOUT
THIS COMING UP, WAS THAT FOR A TERM THAT ENDS AFTER 2025 THEY GET TO
FINISH -- THAT ELECTED REPRESENTATIVE GETS TO FINISH THEIR TERM. THEIR
SUBSEQUENT TERM IS A TRUNCATED TERM THAT WILL RESET ON AN EVEN YEAR.
MS. PAULIN: MM-HMM.
MR. JENSEN: IF SOMEBODY IS COMPLETING A TERM
LIMIT THAT WON'T AFFECT THEM, BUT IF THEY'RE MIDTERMS, WHICH OFTEN OUR
LOCAL MUNICIPALITIES HAVE TERM LIMITS BASED ON AMOUNT OF TERMS SERVED
AND/OR TOTAL CONSECUTIVE TERMS SERVED. HOW WILL THAT TRUNCATED TERM, IF
IT'S IN THE MIDDLE OF THEIR CYCLE, IF YOU WILL --
MS. PAULIN: IT WON'T COUNT.
MR. JENSEN: IT WON'T COUNT. SO IF SOMEBODY -- IF A
MUNICIPALITY HAS A 10-YEAR TERM LIMIT, FIVE-TERM LIMIT FOR A TOWN
COUNCIL MEMBER, THEY'LL ESSENTIALLY GET TO SERVE SIX TERMS AND 11 YEARS
DUE TO THIS PIECE OF LEGISLATION.
MS. PAULIN: THAT'S CORRECT.
MR. JENSEN: HOW IS THAT NOT IN CONFLICT WITH WHAT
THE TOWN CODE SAYS?
233
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: WE'RE, YOU KNOW, WE'RE SUPERSEDING
THAT WITH STATE LAW.
MR. JENSEN: BUT HOW DOES -- SO IN THE SUPERSEDING
OF -- WITH STATE LAW, HOW DOES THAT NOT RAISE CONCERNS THAT I THINK A
FEW OF MY COLLEAGUES HAVE RAISED, MR. GOODELL ON THE AMENDMENT
DEBATE AND MR. TAGUE PREVIOUSLY, HOW DOES THAT NOT PUT THIS BILL IN
COMPLETE CONFLICT WITH ARTICLE IX OF THE STATE CONSTITUTION?
MS. PAULIN: DO YOU WANT TO REMIND ME WHAT THAT
IS?
MR. JENSEN: MY MEMORY'S NOT TOO GOOD AFTER 19
DEBATES IN THREE DAYS, SO I'M GONNA TAKE -- HOME RULE, WHAT MR.
GOODELL SAID.
MS. PAULIN: I SEE.
MR. JENSEN: BUT I THINK IT IS SOMETHING THAT WE
SHOULD BE CONCERNED ABOUT, AND I THINK A WAY THAT COULD BE REMEDIED
WOULD HAVE BEEN APPROVING AN EXCEPTIONAL AMENDMENT THAT WAS
OFFERED A FEW HOURS AGO. WAS THERE ANY CONSIDERATION BY YOU WHEN
DRAFTING THIS BILL TO MAKE IT AN OPT-IN OR PUT IT TO A REFERENDUM AT THE
COUNTY LEVEL, LOCAL LEVEL, OR AS PART OF THE CONSTITUTIONAL AMENDMENT
PROCESS FOR (INAUDIBLE)?
MS. PAULIN: I WOULD SAY THE COUNTIES NOW HAVE
THAT ABILITY AND THEY HAVEN'T DONE IT, RIGHT, THEY HAVEN'T MOVED TO EVEN
YEARS. SO IN -- IN DESIROUS OF HAVING VOTER PARTICIPATION INCREASE
STATEWIDE, YOU KNOW, WE ARE THE STATE LEGISLATURE AND WE'RE MAKING
THE JUDGMENT, YOU KNOW, THAT WE WANT TO DO IT STATEWIDE.
234
NYS ASSEMBLY JUNE 8, 2023
MR. JENSEN: SO NO COUNTIES HAVE MOVED TO DO THIS
ON THEIR OWN IS WHAT YOU JUST SAID?
MS. PAULIN: MOST COUNTIES HAVE VERY OLD CHARTERS,
THEY'RE USED TO DOING IT ON ODD YEARS, THEY DIDN'T THINK ABOUT CHANGING
IT. THEY COULD HAVE, BUT THEY DIDN'T.
MR. JENSEN: BUT -- SO DOESN'T THAT SHOW THAT
THERE'S AN UNWILLINGNESS OF THE COUNTIES FOR THIS TYPE OF CHANGE? IF
THEY COULD HAVE -- AND THERE -- WE HAVE COUNTIES THAT ARE
DEMOCRATICALLY-CONTROLLED, REPUBLICAN-CONTROLLED, COUNTY EXECUTIVE
OF ONE PARTY AND COUNTY LEGISLATURE OF A SEPARATE PARTY, AN ARRAY OF
BOARDS OF SUPERVISORS. SO IT'S NOT JUST ONE PARTY SAYING, NO, NO, NO, WE
DON'T WANT TO DO THIS. EVERY SINGLE COUNTY IN THE STATE HAS NOT TAKEN A
STEP TO DO THIS. SO DOESN'T THIS SHOW THAT THERE IS NOT A LOCAL APPETITE
FOR THIS TO HAPPEN AND THAT WE ARE OVERSTEPPING OUR BOUNDS AS THE STATE
LEGISLATURE, FORCING THIS CHANGE WHEN THE COUNTIES HAVE SIGNIFIED NO
DESIRE TO DO THIS?
MS. PAULIN: SO, YOU KNOW, THIS WON'T BE THE FIRST
THAT I'VE DONE THAT, RIGHT? SO THE FIRST TIME THAT I LEARNED HOW TO DRAFT A
BILL TO SUPERSEDE THE COUNTY CHARTERS WAS WITH REDISTRICTING. AND SO
WE DID THAT, WE SET STANDARDS BECAUSE SOME COUNTIES HAD STANDARDS,
SOME COUNTIES DIDN'T. WE WANTED TO MAKE THEM CONSISTENT WITH THE
LAW, CONSISTENT WITH THE COURT STANDARDS, YOU KNOW, AND WE WANTED TO
MAKE THEM BETTER FOR EVERYBODY. SO WE ADJUSTED THE ELECTION LAW
AND MADE IT UNIFORM. NOW, SOME COUNTIES WEREN'T HAPPY, MOST
COUNTIES HAVE ADJUSTED AND WE HAVE FAIRER LINES THEREFORE. SO I WOULD
235
NYS ASSEMBLY JUNE 8, 2023
SAY THE SAME THING IS HERE. YOU KNOW, WE ARE NOW GONNA HAVE A
STATEWIDE SYSTEM, A TIME FOR EVERYBODY TO GET EXCITED ABOUT THE
ELECTIONS DURING AN EVEN YEAR, TO PARTICIPATE. SO IF YOU LIVE IN PUTNAM
OR YOU LIVE IN WESTCHESTER AND YOU'RE NEIGHBORS BECAUSE YOU SHARE THE
SAME GROCERY STORE, EVERYBODY'S GONNA BE TALKING, THEY ARE GOING TO
VOTE.
MR. JENSEN: BUT RESPECTFULLY, WE'RE NOT GOING TO
HAVE A STATEWIDE SYSTEM. THERE ARE FIVE COUNTIES THAT DO NOT HAVE TO
ABIDE BY THE TERMS OF THIS LEGISLATION.
MS. PAULIN: I UNDERSTAND.
MR. JENSEN: SO IT'S -- IT IS NOT A STATEWIDE SYSTEM
THAT WE STILL AN IN -- INEQUITABLE --
MS. PAULIN: UNTIL WE EVEN IT OUT.
MR. JENSEN: BUT -- BUT IF THAT'S THE CASE, WHY
DIDN'T WE JUST WAIT UNTIL --
MS. PAULIN: THEN WHY DON'T WE DO THEM FIRST.
MR. JENSEN: OR WHY DIDN'T WE ENSURE THAT WE
IRONED OUT ALL OF THE POTENTIAL ISSUES WITH THIS TYPE OF LEGISLATION IF IT
HAS TO BE DONE BY A CONSTITUTIONAL AMENDMENT, AND ALLOW THAT TO
HAPPEN? WHICH WOULD ALSO SOLVE THE QUESTION ABOUT WHETHER OR NOT
THE PEOPLE OF THE STATE ACTUALLY TRULY WANT IT. WE'VE SEEN
CONSTITUTIONAL AMENDMENTS PASSED BY THIS LEGISLATURE FAIL WHEN THEY
GO TO THE VOTERS, SENDING A VERY CLEAR MESSAGE THAT OUR ACTIONS DID NOT
REFLECT THE WILL OF NEW YORKERS. WHY WOULD WE NOT PUT THE ENTIRE
PACKAGE, SOLVING 100 PERCENT OF THE PROBLEM THAT YOU -- YOU'RE TRYING
236
NYS ASSEMBLY JUNE 8, 2023
TO SEEK, AND ACTUALLY LEAVE IT TO THE WILL OF THE VOTERS BY ENSURING THAT
20 MILLION NEW YORKERS ARE ALL OPERATING UNDER THE SAME PLAYBOOK
INSTEAD OF TRYING TO PIECEMEAL IT WHERE YOU HAVE AN INEQUITABLE SYSTEM
POTENTIALLY CONTINUING INTO THE FUTURE.
MS. PAULIN: SO I WOULD SAY BY PUTTING THIS
LEGISLATION FORWARD -- REMEMBER, I'M NOT FROM THE CITY, EITHER, SO IF I
WAS FROM THE CITY MAYBE I WOULD HAVE DONE THE CITY FIRST, BUT I'M NOT.
AND JUST BECAUSE WE PUT THIS FORWARD, THE CITY COUNCIL, THE NEW YORK
CITY COUNCIL MEETING YESTERDAY AND THEIR COMMITTEE ACTUALLY IS
RECOMMENDING THAT WE DO THAT FOR THEM. SO -- SO IT'S -- THIS IS THE FIRST
NEXT STEP IN INCLUDING THE CITY OF NEW YORK.
MR. JENSEN: BUT THAT WOULD -- THAT WOULD TAKE A
CONSTITUTIONAL AMENDMENT.
MS. PAULIN: YES.
MR. JENSEN: AND SO WHAT YOU'RE GONNA HAVE IS
YOU'RE GONNA HAVE THE ENTIRE STATE OF NEW YORK VOTING ON A
CONSTITUTIONAL AMENDMENT THAT AFFECTS THE FIVE BOROUGHS OF NEW YORK
CITY. WOULDN'T IT HAVE MADE MORE SENSE --
MS. PAULIN: AND MY CITIES.
MR. JENSEN: AND ALL CITIES. WOULDN'T IT HAVE BEEN
MORE RESPECTFUL TO EVERY SINGLE NEW YORKER IN EVERY SINGLE PART OF THE
STATE TO SAY, LISTEN, WE'RE NOT JUST GONNA ASK YOU TO VOTE ON THIS THING
THAT AFFECTS A FRACTION OF NEW YORKERS, BUT WE'RE GOING TO ENSURE THAT
THERE'S NO CONSTITUTIONAL QUESTIONS, THAT THIS IS SOMETHING THAT OUR
COMMUNITIES WANT, IT'S SOMETHING THAT THE VOTERS WANT, THAT ALL THE
237
NYS ASSEMBLY JUNE 8, 2023
THINGS THAT MYSELF AND MY COLLEAGUES HAVE BEEN STANDING UP HERE FOR
HOURS SAYING THAT WE'RE HEARING FROM OUR CONSTITUENTS ABOUT WHY THIS IS
NOT A BILL THAT WE SHOULD BE MOVING FORWARD WITH. PUTTING IT TO THE
VOTERS WOULD COMPLETELY UNDERCUT OUR ENTIRE ARGUMENT. WHY WOULDN'T
WE GO ABOUT IT THAT WAY?
MS. PAULIN: WE DON'T -- WE DON'T -- WE DON'T RULE
IN NEW YORK BY REFERENDUM. YOU KNOW, WE -- WE'RE DIFFERENT THAN
CALIFORNIA. THIS IS HOW WE DO IT, WE'RE A REPRESENTATIVE GOVERNMENT.
WE HAVE THE ABILITY TO ASSESS, YOU KNOW, WHAT OUR VOTERS CARE ABOUT
AND DON'T CARE ABOUT, WE ALL REFLECT THAT. SO WE'LL SEE RED AND GREEN UP
THERE AS A RESULT OF THAT. BUT WE ARE A REPRESENTATIVE GOVERNMENT, SO
PUTTING IT OUT FOR REFERENDUM IS NOT SOMETHING THAT I WOULD SUPPORT.
MR. JENSEN: OKAY. SO, I KNOW A COUPLE OF MY --
OTHER MEMBERS OF MY COLLEAGUES BROUGHT THIS UP, SO OFTENTIMES IN
LOCAL ELECTIONS IT IS THE COUNTY EXECUTIVE, IT IS THE TOWN SUPERVISOR WHO
IS THE MAIN DRIVER IN ODD-YEAR ELECTIONS AND IT'S WHAT WE SEE WITH THE
PRESIDENT AND THE GOVERNOR IN EVEN YEARS. IF WE'RE TAKING THOSE
ELECTED OFFICES OFF THE ODD-NUMBERED ELECTIONS FOR THE TIME BEING, PER
YOUR COMMENTS, AND WE'RE MAKING ONLY JUDGESHIPS POTENTIALLY ON THE
BALLOT, IS THERE A CONCERN THAT IF SOMEBODY DOESN'T EVER FORESEE THE
IMPACT THAT THE JUDICIARY MAY HAVE ON THAT? I CERTAINLY VOTE FOR THOSE
SEATS EVERY TIME THEY'RE UP, I DON'T -- I'M SURE YOU DON'T EITHER. BUT
ISN'T THERE A CONCERN THAT IF WE HAVE THE SURROGATE COURT JUDGE IN A
COUNTY BEING THE TOP OF THE TICKET, THAT A LOT OF VOTERS ARE GOING TO SAY,
YOU KNOW WHAT? I REALLY DON'T CARE THIS YEAR, AND NOT COMING OUT TO
238
NYS ASSEMBLY JUNE 8, 2023
VOTE AND FURTHER DEPRESSING TURNOUT FROM A 25 OR 20 PERCENT LEVEL TO A
5 PERCENT LEVEL?
MS. PAULIN: WE'LL HAVE TO SEE HOW THAT WORKS OUT.
YOU KNOW, I DO THINK THAT PEOPLE ARE MOTIVATED BY CERTAIN ELECTIONS.
THEY'LL -- SOME WILL BE MOTIVATED, CERTAINLY THE FAMILIES OF ALL THOSE
JUDGES WILL BE MOTIVATED. AND -- BUT I AGREE THAT THERE COULD BE A
DROP-OFF BECAUSE WE WOULD HAVE FEWER RACES, I AGREE, WHICH IS WHY I
THINK WE HAVE TO MAKE THE CHANGES GO FORWARD LONG-TERM.
MR. JENSEN: SO WE TALK ABOUT SOLVING A LOWER
TURNOUT ELECTION CYCLE, WHY WASN'T -- AND WE'RE DOING THIS AS PART OF A
CHANGE TO TOWN LAW, AND I UNDERSTAND THAT, BUT WHY -- IF WE'RE WORRIED
ABOUT LOW TURNOUT ELECTIONS AND THE OUTSIDE'S IMPACT THAT OFFICES HAVE
ON OUR CONSTITUENTS, WHY WOULDN'T WE ALSO TRY TO MAKE A CHANGE TO FIRE
DISTRICT ELECTIONS OR SCHOOL BOARD ELECTIONS OR LIBRARY TRUSTEE ELECTIONS?
OR MOVE VILLAGE ELECTIONS FROM THE SPRING TO ELECTION DAY. WHY
WOULDN'T WE ADDRESS EVERY LOW TURNOUT ELECTION THAT EXISTS?
MS. PAULIN: THOSE ARE HARDER. I CAN TELL YOU,
BECAUSE I TRIED TO DO A LAW THAT WOULD CHANGE THE FIRE DISTRICT IN -- IN
EASTCHESTER, AND IT PASSED AND IT WAS SIGNED AND IT'S STILL NOT
IMPLEMENTED BECAUSE OF HOW HARD IT IS TO DO THAT. SO I AGREE, WE NEED
TO DO SOME OF THOSE. YOU KNOW, CERTAINLY FIRE DISTRICTS AND ALL, THEY --
THEY VOTE AT ODD TIMES, YOU KNOW, THERE'S PROBABLY NO REASON NOT TO
FOLD THEM IN. BUT THAT WAS A MUCH LARGER PROJECT, YOU KNOW, THAN --
THAN THIS. BUT I DON'T DISAGREE THAT WE SHOULD BE DOING SOME OF THAT.
MR. JENSEN: SO -- SO CHANGING A FIRE DISTRICT
239
NYS ASSEMBLY JUNE 8, 2023
ELECTION WAS A TOUGHER MOUNTAIN TO CLIMB --
MS. PAULIN: THAN THIS.
MR. JENSEN: -- THAN CHANGING THE NATURE --
MS. PAULIN: TOTALLY.
MR. JENSEN: -- OF DEMOCRACY IN NEW YORK?
MS. PAULIN: TOTALLY.
MR. JENSEN: OKAY. VERY INTERESTING. THANK YOU
VERY MUCH, MS. PAULIN, I APPRECIATE YOUR ANSWERS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. JENSEN: THANK YOU, MR. SPEAKER. I
APPRECIATE MS. PAULIN'S ANSWERS, BUT I SHARE THE CONCERNS THAT WERE
RAISED BY A NUMBER OF MY COLLEAGUES, AS WELL AS MY LOCAL BOARD OF
ELECTIONS AND MY CONSTITUENTS IN MY DISTRICT THAT THIS CHANGE WILL
DRAMATICALLY IN -- DECREASE THE IMPORTANCE OF LOCAL ISSUES AND WILL ONLY
FURTHER ENCOURAGE MORE TOXICITY IN OUR ELECTIONS AND OUR DEMOCRATIC
PROCESS BY INJECTING NATIONAL POLITICS INTO ELECTIONS FOR LOCAL OFFICES.
CERTAINLY, IF THIS CHAMBER WOULD HAVE EMBRACED A VERY COMMONSENSE
AMENDMENT THAT WAS PROPOSED EARLIER TODAY, IT WOUND HAVE PUT THE
ONUS ON OUR CONSTITUENTS TO MAKE THE DECISION FOR THEMSELVES. IF THE
SPONSOR WOULD HAVE SOUGHT TO ENSURE THAT EVERY NEW YORKER WOULD BE
PLAYING UNDER THE SAME RULES AND PUT THIS TO A CONSTITUTIONAL
AMENDMENT, THAT WOULD HAVE ENSURED THAT THE PEOPLE WE REPRESENT ARE
HAVING THEIR VOICE HEARD AND ENSURE THAT WE'RE ACTING RESPONSIBLY FOR
THEIR INTERESTS.
240
NYS ASSEMBLY JUNE 8, 2023
WITH THAT, I APPRECIATE YOUR TIME, MR. SPEAKER, THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR.
JENSEN.
MS. WALSH.
MS. WALSH: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: I THOUGHT I'D GIVE THE SPONSOR A BREAK.
SHE'S BEEN ANSWERING QUESTIONS FOR A LONG TIME, AND -- AND I THINK THAT
MY COMMENTS COULD BE MADE REALLY WITHOUT THE BENEFIT OF -- OF
ENGAGING IN QUESTION-AND-ANSWER WITH THE SPONSOR.
YOU KNOW, I'VE BEEN LISTENING TO A LOT OF THIS DEBATE.
I'VE ALSO BEEN SERVING FOR SEVERAL YEARS NOW, AND JUST AS I WAS
REFLECTING UPON ALL THE CHANGES THAT WE'VE SEEN IN THE ELECTION LAW
AND IN OUR -- IN OUR ELECTION LAW OVER THE LAST -- JUST SINCE I'VE STARTED.
YOU KNOW, WE'VE HAD -- WE CHANGED THE PRIMARY FROM SEPTEMBER TO
JUNE, WE'VE GOT EARLY VOTING NOW, WE HAVE EXPANDED ACCESS TO
ABSENTEE VOTING, AND DURING COVID IT WAS ESSENTIALLY NO EXCUSE
ABSENTEE VOTING. WE HAD THAT BALLOT PROPOSITION THAT WAS VOTED DOWN,
WHICH I THINK SURPRISED A LOT OF MY COLLEAGUES ON THE OTHER SIDE OF THE
AISLE. THEY DIDN'T LIKE THAT, BUT THE VOTERS REJECTED IT. WE HAVE
PREREGISTRATION OF 16 YEAR-OLDS FOR -- WE'RE DOING A LOT OF THINGS, AND I
THINK -- YOU KNOW, MY DAD USED TO SAY, IF IT AIN'T BROKE, DON'T FIX IT. I --
I DON'T SEE WHY WE NEED THIS PIECE OF LEGISLATION.
241
NYS ASSEMBLY JUNE 8, 2023
LET'S EXAMINE FOR A MOMENT WHAT THE -- WHAT THE
BASICALLY THE TWO REASONS ARE THAT THE SPONSOR HAS PUT OUT FOR THIS
LEGISLATION. THE FIRST ONE IS BECAUSE WE WANT TO INCREASE VOTER
PARTICIPATION. WELL, LET ME TELL YOU SOMETHING. WHEN I GO AROUND,
WHEN I'M CANVASSING, WHEN I'M RUNNING FOR OFFICE AND I'M KNOCKING ON
DOORS, I WISH I HAD A DOLLAR FOR EVERY PERSON THAT CALLS ME CONGRESS
MEMBER OR SENATOR. PEOPLE DON'T KNOW. PEOPLE ARE OUT LIVING THEIR
LIVES, WORKING AT THEIR JOBS, TAKING CARE OF THEIR FAMILIES AND, QUITE
HONESTLY, WE LIVE IN A FISHBOWL HERE. WE WORK IN A FISHBOWL WHERE
POLITICS AND -- AND PUBLIC SERVICE IN THIS CHAMBER IS PRIMARY FOR US AND
LITERALLY NO ONE ELSE REALLY CARES, RIGHT? SO I THINK THAT WHEN WE START
MONKEYING AROUND AND CHANGING A BUNCH OF THINGS LIKE THE PRIMARY
DATE, BOY, THAT WAS TOUGH TO TRY TO GET THAT ACROSS TO PEOPLE. NO, MR.
AND MRS. JONES, YOU DON'T GO IN SEPTEMBER, NOW YOU GO IN JUNE. NO, I
KNOW I USUALLY HAVE SOMEBODY PRESENT MY PETITION FOR SIGNATURE IN THIS
MONTH, BUT NOW IT'S A LOT EARLIER. YES, IT IS SLIPPERY OUTSIDE. YOU
KNOW, WE'RE TRYING TO EXPLAIN ALL OF THESE CHANGES, AND THE -- I THINK, IF
ANYTHING, THIS LAW IS GOING TO CREATE EVEN MORE CONFUSION. I'VE SAID,
EVERY TIME WE'VE TAKEN UP A BILL -- A BILL THAT'S MAKING A CHANGE IN THE
ELECTION LAW, I ALWAYS GET UP AND WHETHER IT'S -- EARLY VOTING, FOR
EXAMPLE, I WAS PRETTY SKEPTICAL ABOUT THAT BECAUSE I BELIEVE THAT -- AND
MAYBE -- MAYBE I'M VERY OLD SCHOOL, BUT I BELIEVE THAT PEOPLE WHO
BELIEVE IN A CIVIC RESPONSIBILITY AND THEIR ROLE IN IT WILL SHOW UP ON
ELECTION DAY AND CAST THEIR BALLOT. AND THE VAST MAJORITY OF THE PEOPLE
THAT I'VE TALKED TO ARE HAVING A VERY LONG TIME OF COMING AROUND TO THE
242
NYS ASSEMBLY JUNE 8, 2023
IDEA OF, HEY, I COULD GO OUT A LITTLE BIT EARLIER, AND I THINK THAT THEY'RE
DIPPING THEIR TOE IN THAT. MAYBE THAT'S -- MAYBE THAT'S BEEN A HELPFUL
THING.
NOW, WE'RE GOING TO HAVE -- WE -- WE'RE STILL GOING TO
HAVE ODD -- ODD-YEAR ELECTIONS. THAT'S WHAT REALLY KILLS ME, BECAUSE
THE SECOND REASON THAT'S BEEN GIVEN IS THAT WE'RE GONNA SAVE MONEY,
IT'S GONNA BE EASIER. WE'RE STILL GONNA HAVE ODD-NUMBER ELECTIONS
BECAUSE OF ALL THE CARVE-OUTS IN THIS BILL. SO I WOULD SAY ALL WE'RE
REALLY DOING IS WE'RE GONNA HAVE A BIG, BIG, LONG BALLOT. IF WE CARE SO
MUCH ABOUT ENCOURAGING VOTER PARTICIP -- GREATER PARTICIPATION IN THESE
TOWN AND COUNTY AND LOCAL RACES, WHY ARE WE GONNA STICK THEM AT THE
END OF A REALLY LONG BALLOT WHERE WE'RE PROBABLY GONNA HAVE A HUGE
UNDER VOTE. YOU KNOW, PEOPLE ARE GONNA VOTE FOR THE FIRST COUPLE OF
RACES, THE ONES THAT ARE SWALLOWING UP ALL THE AIRTIME AND ALL THE DIGITAL
ADS AND ALL THE ROBO CALLS, IF THEY'RE STILL ALLOWED BY THEN, AND ALL -- YOU
KNOW, ALL OF THAT AND THEN THEY'RE GONNA JUST FALL OFF WHEN THEY COME
TO THOSE LOCAL RACES. I THINK IT'S GONNA HAVE THE OPPOSITE EFFECT OF WHAT
THE SPONSOR'S STATED INTENT IS.
SO PEOPLE TALK ABOUT VOTER FATIGUE, RIGHT? SO, THERE
ARE PEOPLE, AND IT'S BEEN DISCUSSED HERE ALREADY, THERE ARE A LOT OF
PEOPLE I TALK TO WHO SAY, YOU KNOW, GOD, YOU KNOW, I -- I JUST -- I JUST
DON'T REALLY CARE ABOUT THIS, THAT AND THE OTHER THING. YOU KNOW,
THEY'LL COME OUT MAYBE AND THEY'LL VOTE, BUT IT'S HARD TO GET THEM OUT TO
THE POLLS. I DON'T SEE HOW MAKING THIS CHANGE GETS AMBIVALENT OR
APATHETIC VOTERS OUT ANY MORE THAN THEY ALREADY DO. AND I'D BE VERY
243
NYS ASSEMBLY JUNE 8, 2023
CURIOUS TO KNOW -- I KNOW LAST YEAR WE HAD A PRETTY DECENT SPIKE, I
THINK, I THINK, IN VOTER TURNOUT IN THE GOVERNOR'S ELECTION YEAR. BUT
WITH ALL OF THESE CHANGES THAT WE'VE MADE, ARE WE SEEING, LIKE, THAT
MANY MORE PEOPLE COMING OUT? BECAUSE IT SEEMS TO ME LIKE IT'S THE
SAME -- I'M SEEING THE SAME PEOPLE COMING OUT TO THE POLLS THAT ALWAYS
COME OUT TO THE POLLS. I DON'T THINK THAT WE'RE REALLY NECESSARILY
ENGAGING THAT MANY MORE PEOPLE AND I DON'T THINK THAT THIS BILL IS
GOING TO DO THAT, EITHER.
I THINK THAT ANOTHER POINT I'D LIKE TO MAKE IS THAT WE
ALREADY ARE -- I THINK WE CAN ARGUE THAT WE'RE BECOMING -- POLITICAL
SCIENTISTS WILL HAVE FUN TALKING ABOUT HOW POLARIZED WE ARE AS A
SOCIETY. BUT WE KNOW, EVEN WITHIN THIS CHAMBER, THAT WE'VE HAD SOME
VERY, VERY CLOSE ELECTIONS IN RECENT YEARS. I -- WHEN I RAN FOR TOWN
BOARD A MILLION YEARS AGO, I WON BY SEVEN VOTES, AND WE HAVE
MEMBERS IN THIS CHAMBER THAT WON BY LESS THAN 20 AND ARE HERE FOR
THOSE REASONS. AND THINK ABOUT, REFLECT UPON, HOW LONG IT TOOK TO GET
THOSE VOTER RESULTS IN. IT TOOK WEEKS, IT TOOK A LONG TIME. AND I'M ALL
FOR COUNTING EVERY LEGITIMATE VOTE, WE HAD TO DO THE WORK TO DO THAT,
BUT AS WE ADD MORE AND MORE AND MORE IN AN ELECTION CYCLE, AREN'T WE
JUST GOING TO BE DELAYING GETTING OUR VOTING RESULTS EVEN THAT MUCH
MORE?
I'D LIKE TO MAKE THE POINT ABOUT THE POTENTIAL IMPACT
ON THE SCHOOLS. THE SPONSOR NOTED EARLIER THAT IT WAS A POSSIBILITY THAT
SCHOOLS MAY HAVE TO GET CLOSED FOR ELECTION DAY OR -- OR SOMETHING
ALONG THOSE LINES. I WASN'T ACTUALLY IN THE ROOM, I HEARD ABOUT THAT
244
NYS ASSEMBLY JUNE 8, 2023
AFTER THE FACT, I WAS OUT AT THE WAM MEETING. BUT WE KNOW THAT THERE
ARE A COUPLE OF BILLS THAT WERE ON THE COMMITTEE CALENDAR TODAY TO ADD
ADDITIONAL HOLIDAYS, STATE HOLIDAY -- I DON'T KNOW IF THEY'RE GONNA BE
OPTIONAL OR IF THEY'RE GONNA BE MANDATORY -- AND I'VE GOTTEN A LOT OF
FEEDBACK FROM BOCES SCHOOL ADMINISTRATORS, SUPERINTENDENTS,
CONCERNED ABOUT THE 180-DAY RULE FOR SCHOOL AND HOW ADDING THESE
HOLIDAYS IS MAKING IT REALLY, REALLY TIGHT FOR THEM TO BE ABLE TO HIT THAT
180 DAYS. IF WE START TALKING ABOUT HAVING THIS BILL CREATE AN IMPACT ON
SCHOOLS WHERE THEY COULD BE POTENTIALLY CLOSING DOWN THE SCHOOL FOR
ELECTION DAY OR DAYS LEADING UP TO ELECTION DAY, I DON'T KNOW WHAT
THE RESULT WOULD BE, AREN'T WE MAYBE IN AN UN -- AN UN -- AN UNINTENDED
CONSEQUENCE MAYBE TO HAVE AN IMPACT LIKE THAT ON THE SCHOOL AND
SCHOOL CALENDARS?
I THINK THAT -- WE ALSO HAVE BALLOT PROPOSITIONS ON THE
BACK OF THE BALLOT. SO LET'S NOT FORGET THAT AS WE'RE CREATING A LONGER
BALLOT, WE'RE ALSO -- THIS CHAMBER HAS VOTED ON PUTTING ON A NUMBER OF
BALLOT PROPOSITIONS IN RECENT YEARS, AND -- AND COMING UP, ON THE BACK
OF THE BALLOT. THINK ABOUT HOW HARD IT'S BEEN TO TRY TO EDUCATE OUR
VOTERS TO FLIP THAT BALLOT OVER. SO NOT ONLY ARE THEY GOING TO HAVE TO GO
THROUGH ALL OF THE FEDERAL, STATE, COUNTY AND LOCAL RACES -- AND I KNOW
THAT THERE ARE CARVE-OUTS AND EXCEPTIONS -- THEY'RE GONNA HAVE THIS BIG
LONG BALLOT, BUT THEN THEY'RE GONNA HAVE TO FLIP THAT BALLOT OVER AND
VOTE ON THINGS LIKE MENTAL HEALTH AND THE OTHER THINGS THAT WE'RE
AGREEING TO PUT ON THE BACK OF THE BALLOT.
I DON'T THINK THAT THERE'S ENOUGH GOOD REASON FOR THIS
245
NYS ASSEMBLY JUNE 8, 2023
BILL, AND THAT'S WHY I'M OPPOSING IT. I THINK THAT THE SYSTEM IS FINE THE
WAY IT WORKS. IF WE WANT TO ENCOURAGE GREATER VOTER PARTICIPATION,
GREAT. BUT MONKEYING AROUND WITH THIS STUFF IS NOT THE WAY TO GO. AND
I THINK THAT IT'S -- IT'S REALLY -- THE RATIONALE THAT'S BEING GIVEN FOR THE
BILL IS REALLY JUST -- JUST FALSE. AND I KNOW THAT ONE OF MY COLLEAGUES
USED THE EXACT TERM, THE EXACT PHRASE THAT I WAS GOING TO USE, SO I'LL SAY
IT AGAIN: POLITICAL POWER GRAB; THAT'S WHAT IT REALLY IS. IT REALLY IS. I
THINK THAT, YOU KNOW, MAYBE A LESSON SHOULD HAVE BEEN TAKEN WHEN
THE -- WHEN THE LINES WERE GERRYMANDERED, OVERRIDING THE WILL OF THE
LOCALITIES AND THE VOTERS. THAT DIDN'T GO SO WELL. THAT ALL GOT TURNED
AROUND AND THAT ALL CREATED A BIG MESS. DO WE REALLY WANT TO DO THAT
AGAIN?
I THINK THAT -- I -- I JUST -- I JUST THINK THAT THERE'S NOT A
GOOD ENOUGH REASON FOR THIS BILL. I THINK THAT THE BILL HAS GOT A LOT OF
PROBLEMS. I THINK THAT THEY'VE BEEN VERY WELL CALLED OUT. I ALSO FEEL AS
THOUGH I'M LARGELY DEBATING TO AN EMPTY SIDE OF THE ROOM, SO I DON'T
KNOW HOW MANY -- HOW MUCH OF AN IMPACT MY COMMENTS ARE GOING TO
HAVE ON MY COLLEAGUES. BUT, YOU KNOW, I JUST -- I THINK IT'S LIKE -- I
THINK WE SEE WHAT THIS REALLY IS. WE CAN DRESS IT UP, WE CAN -- WE CAN
SAY WE'RE OUT TO DRIVE GREATER VOTER PARTICIPATION. IT'S CLEARLY NOT WHAT
THE REAL REASON IS WHY THIS IS BEING OFFERED. IT'S NOT GONNA SAVE ANY
MONEY, IT'S GOING TO CONFUSE THE VOTERS. AND OBVIOUSLY, I'M GOING TO
BE VOTING IN THE NEGATIVE. I THINK IT'S A REALLY, REALLY POOR IDEA AND I
THINK WE CAN REALLY SEE IT FOR WHAT IT IS. SO THANK YOU, MR. SPEAKER.
ACTING SPEAKER OTIS: MR. MIKULIN.
246
NYS ASSEMBLY JUNE 8, 2023
MR. MIKULIN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MS. PAULIN: YES.
MR. MIKULIN: I JUST WANT TO GO OVER A FEW
QUESTIONS. I KNOW WE'VE HAD A LARGE TALK TODAY ABOUT THE MACHINES
AND EVERYTHING ELSE, BUT I WANTED TO GO OVER, JUST, YOU KNOW, REPEAT A
LITTLE BIT BUT ASK A FEW QUESTIONS. NOW, WHAT YOU SAID BEFORE IS THAT
WE'RE GOING TO HAVE -- THE PAPER'S GOING TO BE PERFORATED IF THE
OBVIOUSLY THE CANDIDATES --
MS. PAULIN: I'M SORRY?
MR. MIKULIN: THE BALLOT WILL BE PERFORATED IF THE
BALLOT CAN'T FIT ON ONE PAGE; WOULD THAT BE CORRECT?
MS. PAULIN: WELL, THE LAW ALLOWS FOR A PERFORATED
BALLOT, BUT THE LAW ALSO ALLOWS FOR TWO BALLOTS.
MR. MIKULIN: OKAY. AND THOSE TWO BALLOTS WOULD
GO IN AT THE SAME TIME, OR YOU PUT ONE IN --
MS. PAULIN: ONE AT A TIME.
MR. MIKULIN: ONE AT A TIME. SO THEY'D BE LIKE AN
-- THERE WOULD BE AN A AND A B BALLOT.
MS. PAULIN: RIGHT.
MR. MIKULIN: OKAY. SO NOW WE HAVE POTENTIALLY
TWO SEPARATE BALLOTS. NOW, IF THE -- LET'S -- LET'S SAY THE PAPER IS
PERFORATED SO THAT THERE'S A LONGER SHEET GOING INTO THE BALLOT. NOW,
THE SCANNERS HAVE THE ABILITY TO --
MS. PAULIN: IT WOULDN'T BE LONGER. IT WOULD BE
247
NYS ASSEMBLY JUNE 8, 2023
PERFORATED IN THE MIDDLE, SO IT WOULD BE THE SAME SIZE.
MR. MIKULIN: OKAY. SO WOULD THE -- AND THE
SCANNER WOULD BE ABLE TO PROPERLY READ THAT?
MS. PAULIN: YES.
MR. MIKULIN: NOW, GOING BACK TO THERE BEING TWO
BALLOTS, WILL THE PRINT BE ANY SMALLER ON THE -- THE BALLOT?
MS. PAULIN: UM, I DON'T THINK THAT -- I MEAN, I
GUESS POTENTIALLY IT COULD BE SMALLER, BUT POTENTIALLY IT COULD BE LARGER.
MR. MIKULIN: NOW, WE'RE ADDING LOCAL ELECTIONS
TO EVEN YEARS, SO WHERE DO WE BELIEVE THAT WOULD BE PLACED ON THE
BALLOT?
MS. PAULIN: WHERE WHAT?
MR. MIKULIN: WILL IT BE PLACED AT THE END, WILL IT
BE PLACED NEXT TO US, WILL IT BY THE JUDGES? HOW?
MS. PAULIN: SO -- THERE'S A SEPARATE BILL ON THAT
THAT'S NOT BEFORE US YET.
MR. MIKULIN: OKAY. SO WE'RE GONNA BE CREATING A
BILL TO KNOW WHERE THE PLACEMENT WILL BE?
MS. PAULIN: YES.
MR. MIKULIN: OKAY. BECAUSE I WOULD THINK THAT
ANYBODY WHO'S GOING TO BE NOMINATED AT THE END OF THIS REALLY LONG
BALLOT OBVIOUSLY IS GOING TO RECEIVE A CONSIDERABLE DROP-OFF, AS WE DO,
BECAUSE WE'RE AT THE END OF THE BALLOT.
MS. PAULIN: SO AGAIN, THE DROP-OFF WOULD BE A
GREATER PARTICIPATION THAN WE CURRENTLY SEE IN THOSE OFF-YEAR RACES.
248
NYS ASSEMBLY JUNE 8, 2023
MR. MIKULIN: BUT WE DON'T ACTUALLY KNOW THE
ANSWER TO THAT, OF COURSE, BECAUSE IT HASN'T HAPPENED YET.
MS. PAULIN: WELL, WE DO KNOW FROM OTHER PLACES
THAT HAVE DONE THIS THAT THE PARTICIPATION WAS GREATER IN THE EVEN YEARS
THAN THE ODD YEARS, EVEN FOR THE CANDIDATES THAT WERE AT THE BOTTOM OF
THE BALLOT.
MR. MIKULIN: AND -- AND WHAT OTHER PLACES ARE WE
REFERRING TO?
MS. PAULIN: SO THERE'S OTHER STATES AND CITIES. I
CAN NAME A COUPLE THAT I HAVE HERE IN FRONT OF ME IF I CAN FIND THEM. I
THINK IT'S IN HERE. WE HAVE PHOENIX, ARIZONA; AUSTIN, TEXAS; EL PASO;
BALTIMORE AND LOS ANGELES.
MR. MIKULIN: SO PHOENIX, ARIZONA; BALTIMORE
AND LOS ANGELES.
MS. PAULIN: THESE WERE THE CITIES THAT DID IT. YOU
KNOW, IN FACT --
MR. MIKULIN: RIGHT, AND -- AND THEY HAVEN'T
REPORTED ANY PROBLEMS?
MS. PAULIN: NO. BECAUSE REMEMBER, WE'VE HAD
PRESIDENTIAL YEARS THAT HAVE BEEN LIKE 2020, RIGHT? IF WE ARE SO LUCKY
TO HAVE THAT HAPPEN AGAIN, WE'VE ALREADY BEEN THROUGH IT, WE KNOW
WHAT IT LOOKS LIKE. WHAT WE WOULD HAVE AS AN ADVANTAGE IS THAT IN THAT
SAME YEAR WHERE MANY, MANY MORE VOTERS WERE GOING TO THE POLLS,
THEY'D ALSO BE CONSIDERING THE OTHER RACES. PACK 8.
MR. MIKULIN: NOW, LET'S SAY, LET'S GO BACK TO THIS
249
NYS ASSEMBLY JUNE 8, 2023
PERFORATED BALLOT. SO WE HAVE -- WE CAN VOTE EARLY NOW. SO IS THE
PRINTER NOW DIFFERENT TO PRINT OUT A PERFORATED BALLOT THAN --
MS. PAULIN: WE USE THE SAME MACHINES IN EARLY
VOTING SO IT'S THE SAME SYSTEM.
MR. MIKULIN: YES, BUT WHEN I GO TO THE, TO EARLY
VOTE, SOMEBODY HAS TO PRINT A BALLOT FOR ME. SO COULD THOSE PRINTERS
THAT ARE IN THE EARLY VOTING, COULD THEY PRINT OUT THE PERFORATED BALLOT?
MS. PAULIN: IF NOT, THEY CAN USE TWO BALLOTS.
MR. MIKULIN: OKAY. SO THEN WE WOULD HAVE --
MS. PAULIN: (INAUDIBLE) THEIR VOTE.
MR. MIKULIN: SO THEN WE WOULD HAVE TWO BALLOTS
THAT GO IN SIMULTANEOUSLY OR ONE AFTER THE OTHER?
MS PAULIN: ONE AT A TIME.
MR. MIKULIN: OKAY. NEXT QUESTION, NOW WE
SPEAK ABOUT THESE TERM LIMITS. SO NOW IN 2025, IF YOU HAVE A FOUR YEAR
TERM LIMIT IT'S GOING TO GO FOR THREE YEARS; IS THAT CORRECT?
MS. PAULIN: SAY THAT ONE MORE TIME.
MR. MIKULIN: SO IN 2025 --
MS. PAULIN: RIGHT.
MR. MIKULIN: SO IF SOMEBODY IS GETTING -- SO
SOMEBODY WAS ELECTED IN 2021, THEY ARE ELECTED TO A FOUR-YEAR TERM,
THEY WOULD RUN FOR REELECTION IN 2025.
MS PAULIN: RIGHT.
MR MIKULIN: THAT WOULD SIT BACK TO 2024 TO BE A
FOUR-YEAR TERM LIMIT; WOULD THAT BE CORRECT?
250
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: SO IT WOULD BE THREE YEARS, RIGHT?
MR. MIKULIN: SO, IT WOULD BE THREE YEARS --
MS. PAULIN: AND -- AND WHAT WE'VE SAID HERE IS
THAT THREE YEAR TRUNCATED DOESN'T COUNT TOWARD TERM LIMITS.
MR. MIKULIN: OKAY. SO IF --
MS. PAULIN: SO THEY WOULD GET 11 YEARS.
MR. MIKULIN: SO THEY -- SO THEY WOULD GET 11
YEARS, SO IT DOESN'T COUNT. SO IF THERE'S -- SO IF THERE'S ALREADY A TERM
LIMIT, SO LET'S SAY IF YOU'RE ALLOWED TO RUN IN A SEAT FOR FOUR YEARS, FOR
LET'S SAY THREE CONSECUTIVE TERMS, AND IT COMES OUT TO 11 YEARS, THAT
DOESN'T RESET THE CLOCK TO RUN FOR ANOTHER 12 YEARS?
MS. PAULIN: NO.
MR. MIKULIN: NO, OKAY. SO BASICALLY THEY WOULD
BE CUT A YEAR SHORT.
MS. PAULIN: I'M SORRY?
MR. MIKULIN: SO THEY WOULD BE CUT A YEAR SHORT IF
YOU WERE TERM LIMITED OUT.
MS. PAULIN: NO. THE TRUNCATED YEAR DOESN'T COUNT.
MR. MIKULIN: SO THE TRUNCATED YEAR --
MS. PAULIN: THE TRUNCATED TERM DOESN'T COUNT.
MR. MIKULIN: THE TRUNCATED TERM DOESN'T COUNT SO
IT WOULD BE THE TERMS AND NOT THE YEARS ASSOCIATED. SO WHEN THEY USED
TO BE THREE TERMS OR FOUR YEARS, IT WOULD BE TWO TERMS AND FOUR YEARS
AND ONE THREE-YEAR TERM AND THEN THEY WOULDN'T BE ABLE TO RUN FOR
REELECTION IF THEY WERE TERM LIMITED, IF THERE WERE TERM LIMITS.
251
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: RIGHT. SO IF THEY'RE ALREADY TERM
LIMITED - LIKE THIS WILL BE IN MY COUNTY - IF THEY'RE ALREADY TERM LIMITED
AND THEIR -- THEIR TERM IS OVER, THEY CAN'T RUN FOR THE TRUNCATED TERMS. IF
THE TRUNCATED TERM IS INCLUDED IN THE TERM LIMIT, THEN IT DOESN'T COUNT
TOWARD THAT TERM LIMIT.
MR. MIKULIN: OKAY. SO THEY WOULD BE ABLE TO RUN
THEN. SO IF THE TRUNCATED TERM, IF THAT WAS SET TO EXPIRE, THEN THEY CAN
RUN FOR ONE MORE FOUR-YEAR TERM.
MS. PAULIN: YES, BECAUSE ONLY THE NON-TRUNCATED
TERM WOULD COUNT.
MR. MIKULIN: OKAY. SO IF SOMEBODY WAS ELECTED
FOR A THREE -- SO IF 12 YEARS USUALLY AND NOW YOU GO TO 11 YEARS BUT
THEY WOULD BE ALLOWED TO RUN FOR ONE MORE YEAR --
MS. PAULIN: RIGHT.
MR. MIKULIN: -- MAKING THEIR TERM 15 YEARS.
MS. PAULIN: FIFTEEN, RIGHT.
MR. MIKULIN: OKAY. SO WE ARE EXTENDING THAT.
ALL RIGHT. SO THANK YOU FOR THAT. ANOTHER QUESTION.
MS. PAULIN: AND I WAS JUST REMINDED THAT NOTHING
PREVENTS LOCALITIES FROM AMENDING THE TERM LIMITS. THEY COULD CHANGE
IT.
MR. MIKULIN: OKAY. LET'S GO BACK TO -- NOW YOU
SAY THIS IS GOING TO END VOTER CONFUSION. SO --
MS. PAULIN: I'M SORRY I EVER USED THAT WORD, GO
AHEAD.
252
NYS ASSEMBLY JUNE 8, 2023
MR. MIKULIN: WILL WE NOW HAVE PUBLIC FINANCING
RULES? SO ALL OF US IN STATE GOVERNMENT, WE COULD POTENTIALLY BE ABLE
TO RECEIVE PUBLIC FUNDS. NOW WOULDN'T WE SAY, GOING BACK TO THE LOCAL
ISSUES SINCE WE ARE GOING TO OBVIOUSLY BE RECEIVING MONEY FROM THE
STATE, IT WOULD BE EASIER FOR US TO RAISE MONEY THEN OF COURSE OUR LOCAL
COUNTERPARTS. WOULDN'T THAT DROWN THE LOCAL ISSUES OUT, BECAUSE IF LET'S
SAY A STATE CANDIDATE IS MAILING ALL THIS MAIL OR DOING ALL THE
COMMERCIALS, RADIO SHOWS, WOULDN'T IT BE MORE LIKELY THAT THE LOCAL
ISSUES THAT MIGHT BE IMPORTANT AND COMPLETELY DIFFERENT WHEN THEY'RE
DEALING WITH A VERY LOCAL ISSUE, WHETHER IT'S YOUR GARBAGE, YOUR
RECYCLING, YOUR ROADS, COULDN'T THAT BE JUST OVERSHADOWED BY WHAT WAS
GOING ON BECAUSE OF THE COMPETITION TO -- TO GET THE ATTENTION?
MS. PAULIN: I -- I THINK, YOU KNOW, I THINK WE'RE
PROBABLY ALL UNIQUE IN THIS ROOM. WHEN WE GET MAIL, ELECTION MAIL, WE
READ IT. WE LIKE TO READ IT, WE KEEP IT, WE ACCUMULATE IT, WE SAVE IT AS
EXAMPLES. MOST PEOPLE DON'T DO THAT. SO I WOULD SAY THAT IN FACT IF
THEY GOT A LOT OF MAIL, THEY'RE PROBABLY GOING TO DO THIS
(DEMONSTRATING) INTO RECYCLING. AND THEN THOSE LOCAL ISSUES THAT ARE IN
THE LOCAL PAPERS, THAT ARE BEING TALKED ABOUT BY LOCAL CANDIDATES THAT
WHERE CANDIDATES ARE KNOCKING ON THEIR DOORS, THEY'RE GOING TO GET A
LOT MORE ATTENTION BECAUSE OF THE OVERLOAD.
MR. MIKULIN: WELL, I WOULD ALSO SAY THOUGH IN
RESPONSE TO THAT, WOULDN'T STATE CANDIDATES BEING MORE ABLE TO BUY ADS
THAN IN NEWSPAPERS TO ALSO DROWN UP THOSE NEWSPAPERS WHETHER OR NOT,
YOU KNOW, YOU HAVE A -- A LOCAL ISSUE THAT'S PUT OUT BY ONE NEWSPAPER
253
NYS ASSEMBLY JUNE 8, 2023
WRITER.
MS. PAULIN: I THINK YOU'RE SUGGESTING THAT EVERY
SINGLE RACE ON THE BALLOT IS GOING TO BE A CONTESTED HOT RACE. WE JUST
KNOW FROM EXPERIENCE THAT THAT'S NOT TRUE. SOME ARE GOING TO BE HOT
RACES, SOME ARE GOING TO BE UNCONTESTED RACES. SO YOU'RE GOING TO
HAVE A COMPOSITIVE DIFFERENT KINDS OF RACES THAT VOTERS ARE GOING TO BE
PAYING ATTENTION TO. AND SO IF YOU HAPPEN TO BE IN AN AREA WHERE YOU
HAVE A COUPLE OF THOSE, I THINK THAT'S WHAT THE VOTERS ARE GOING TO BE
PAYING ATTENTION TO AND IT'S GOING TO DRIVE THEM TO MAYBE MAKE
DECISIONS IN THE OTHER RACES AS WELL. BUT I DON'T THINK WE'VE EVER SEEN
AN EXAMPLE WHERE ALL THE RACES ON THE BALLOT ARE HOTLY CONTESTED SO THAT
THE VOTER'S SO MIXED UP LET'S SAY, SO I THINK THAT, YOU KNOW, I TRUST THE
VOTERS, I BELIEVE THE VOTERS ARE ALL SMART, THEY WANT TO PARTICIPATE. THIS
IS GOING TO BE -- THIS IS GOING TO ENABLE THEM TO DO IT MORE EFFICIENTLY
AND THEY'RE GOING TO KNOW WHEN THE ELECTIONS ARE AND BECAUSE I HAVE
THAT FAITH AND CONFIDENCE IN THE VOTERS, I THINK THEY ARE WELL ABLE TO
DIFFERENTIATE BETWEEN THE RACES AMONG THE CANDIDATES AND WE'RE GOING
TO HAVE A MORE EDUCATED ELECTORATE AND ONE THAT'S GOING TO PARTICIPATE
TO A MUCH GREATER DEGREE.
MR. MIKULIN: BUT THERE ARE CERTAIN OFFICES THAT ARE
GOING TO BE EXEMPTED FROM THIS. SO LET'S SAY --
MS. PAULIN: THAT'S RIGHT. THAT'S WHERE (INAUDIBLE).
MR. MIKULIN: -- WE HAVE THE COUNTY CLERK AND THE
DAS OFFICE. SO RIGHT NOW AS IT STANDS HERE WITHOUT PASSING A
CONSTITUTIONAL AMENDMENT AND WITHOUT THAT GOING TO THE VOTERS THAT WE
254
NYS ASSEMBLY JUNE 8, 2023
DON'T EVEN KNOW IF IT WILL PASS, WOULDN'T THE OPPOSITE TAKE PLACE FOR THE
COUNTY CLERK AND THE DISTRICT ATTORNEYS THAT ARE UP IN ODD YEARS SUCH
THAT THEIR VOTER TURNOUT AND THOSE ELECTIONS WILL BE DRIVEN SO LOW
BECAUSE ALL OF THE RACES WILL BE DONE ON THE EVEN YEAR THAT
PARTICIPATION IN THOSE ODD YEARS NOW FOR THOSE RACES WOULD BE
EXTREMELY LOW AND THAT WOULDN'T DRIVE ANYBODY OUT TO VOTE FOR THEM SO
WHY ARE WE VIEWING THEM THEN AS --
MS. PAULIN: IT'S A VERY SHORT TIME FRAME BETWEEN
INCLUDING THEM. REMEMBER THIS DOESN'T START UNTIL 2026.
MR. MIKULIN: THIS -- THIS DOESN'T START UNTIL 2026
SO WE HAVE TO ANTICIPATE NOW THAT WE PASSED A CONSTITUTIONAL
AMENDMENT BEFORE 2026 AND IT GETS APPROVED BY THE VOTERS. IF THAT
DIDN'T OCCUR, THEN THIS WOULD BE --
MS. PAULIN: WELL, I THINK IF WE ALL COLLECTIVELY,
BOTH PARTIES, ALL THE PEOPLE IN THIS ROOM ARE ADVOCATING FOR THE CHANGE,
I THINK THAT WE WOULD HAVE A GOOD SHOT AT IT.
MR. MIKULIN: WOULDN'T IT BE MORE ADVANTAGEOUS
TO HAVE PUT THIS UP ONE AFTER THE OTHER SO ALL CITIES AND EVERYBODY IN
NEW YORK STATE BE EQUAL?
MS. PAULIN: WELL, THEN THEY WILL BE EQUAL OVER
TIME.
MR. MIKULIN: OVER TIME, BUT RIGHT NOW WE HAVE
EVERYBODY IN THE CITY AND PEOPLE THAT ARE, OF COURSE, RUNNING FOR
WHETHER IT'S COUNTY CLERK OR DISTRICT ATTORNEY THAT ARE NOT GOING TO BE
EQUAL. AND AS WE KNOW, VOTER PARTICIPATION RATE IN THE CITY, LET'S SAY,
255
NYS ASSEMBLY JUNE 8, 2023
IS MUCH LOWER THAN RIGHT NOW HERE IN MY COUNTY WHICH IS NASSAU
COUNTY. SO THE VOTER PARTICIPATION RATE WILL NOT INCREASE AND IF THIS
DOESN'T HAPPEN THEN THERE IS GOING TO BE A GREAT INEQUALITY IN --
MS. PAULIN: SO LET'S FIGURE IT OUT, RIGHT. SO, IT'S
2023 NOW. IN 2024 AND 2025 WE DO THE -- WE PASS THE AMENDMENT. IF
WE WANT TO WAIT FOR MORE VOTER PARTICIPATION WE WAIT TO PUT IT ON THE
BALLOT UNTIL 2026. IF WE DON'T, WE CAN DO IT IN THE ODD YEARS SINCE IT'S A
LOT OF THE ODD ELECTIONS THAT WOULD BE CONSIDERING IT. WE CAN MAKE
THAT DECISION COLLECTIVELY LATER. BUT SO, WE'RE TALKING ABOUT MAKING THE
CHANGE AROUND THE SAME TIME THAT THIS WOULD TAKE EFFECT.
MR. MIKULIN: OKAY. AND GOING BACK TO THE
BOARDS OF ELECTIONS. HAVE WE DONE ANY ANALYSIS INTO THE BURDEN TO THE
BOARDS OF ELECTIONS TO MOVE ALL THE ELECTIONS INTO EVEN YEARS EXCEPT
FOR ODD YEARS?
MS. PAULIN: HAVE WE DONE WHAT?
MR. MIKULIN: HAVE WE DONE AN ANALYSIS ON THIS?
MS. PAULIN: AN ANALYSIS ON WHAT?
MR. MIKULIN: AN ANALYSIS ON WHAT THE BURDEN'S
GOING TO BE NOW THAT THE LAW IS GOING TO CHANGE --
MS. PAULIN: I CAN TELL YOU THAT THE STATE BOARD OF
ELECTIONS WAS VERY COOPERATIVE IN TRYING TO GET US THE INFORMATION AND
DIDN'T RAISE ANY ALERTS.
MR. MIKULIN: BUT WE HAVE HEARD THAT LOCAL BOARDS
OF ELECTIONS AND OTHER PEOPLE HAVE RAISED ALERTS TO THIS. SO HAVE WE
TAKEN ANY --
256
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: NONE OF THAT HAVE COMMUNICATED TO
ME.
MR. MIKULIN: WELL -- AND BUT WE HAVEN'T HAD ANY
HEARINGS ABOUT THIS, IS THAT CORRECT?
MS. PAULIN: WE DON'T HAVE HEARINGS ON MOST OF
THE STUFF WE DO.
MR. MIKULIN: WELL, I -- I WOULD THINK, THOUGH,
THAT IF WE WERE GOING TO PUT THIS ON OUT, WE SHOULD TAKE HEARINGS INTO
CONSIDERATION --
MS. PAULIN: WHY HEARINGS ON THIS AND NOT ON MY
LAST OTHER 15 BILLS?
MR. MIKULIN: WELL, THIS OBVIOUSLY HAS A GREAT
EFFECT ON THE LOCALITIES AND HAS A GREAT EFFECT ON THE LOCAL TERMS AND THE
BOARD OF ELECTIONS. I HIGHLY THINK THAT WE WOULD HAVE WANTED TO BRING
IN THEIR INPUT AND AT LEAST ASK THEM FOR A CONSIDERATION ON THIS. I MEAN
WE'VE HAD -- THIS HAS BEEN IN THE WORKS FOR THREE YEARS AND YOU'RE
SAYING THAT WE'RE GOING TO FIX THE CITIES. HAS THERE BEEN ANY WORK ON
DOING THAT WITHIN THE SAME TIME PERIOD?
MS. PAULIN: WE'VE LEARNED SO MUCH BY DOING THIS
BILL THAT DOING A RESOLUTION FOR THE CITIES WILL BE VERY MUCH EASIER.
MR. MIKULIN: AND WE ANTICIPATE DOING THAT
SHORTLY.
MS. PAULIN: WELL, I DON'T REPRESENT, YOU KNOW, I
REPRESENT TWO SMALL CITIES. I DON'T REPRESENT THE CITY, SO I DON'T KNOW IF
I WOULD BE THE APPROPRIATE SPONSOR FOR THAT BILL, BUT I CERTAINLY AM
257
NYS ASSEMBLY JUNE 8, 2023
MOTIVATED TO MAKE SURE THAT ALL THE ELECTIONS HAPPEN IN THE EVEN YEARS.
MR. MIKULIN: WHAT YOU'RE SAYING IS YOU ARE NOT
GOING TO BE BRINGING THAT BILL TO CONSIDERATION.
MS. PAULIN: I DON'T -- I DON'T KNOW YET. I DON'T,
YOU KNOW, I -- I DON'T KNOW, YOU KNOW, WE WILL FIGURE OUT THAT, BUT I
CERTAINLY WILL BE HELPING SOMEONE IF THEY'RE MORE INTERESTED AND
THEY'RE FROM THE CITY. WE SEE THE CITY OF NEW YORK INTERESTED IN
DOING THAT. I'M INTERESTED IN DOING THAT, REPRESENTING TWO SMALL CITIES
AND, YOU KNOW, CERTAINLY IF WE'RE DOING ONE CONSTITUTIONAL AMENDMENT
WE WOULD WANT TO INCLUDE THE CLERK, SHERIFF, TOWN JUSTICES AND DAS.
MR. MIKULIN: JUST ONE MORE QUESTION. I JUST WANT
TO GO BACK TO THE -- TO THE MACHINES FOR ONE SECOND NOW. I MEAN THE
BINS ARE GOING TO BE CHANGING SIZE, SO IF WE PUT --
MS. PAULIN: WHAT?
MR. MIKULIN: THE BINS. SO WHEN I PUT THE BALLOT
WITHIN THE MACHINE AND IT COMES ON OUT IN THE BIN, OF COURSE THE BINS
ARE GOING TO BE CHANGING SIZE SO WE'RE GOING TO BE PUTTING EITHER MORE
PAPER IN THAT BIN OR WE'RE GOING TO HAVE A DIFFERENT SIZE BALLOT. HAS
THERE EVER BEEN THOUGHT PROCESS ON THAT? COULD THAT CAUSE MORE PAPER
JAMS, CREATING LONGER LINES AT THE --
MS. PAULIN: SO, HMM. I'M JUST TRYING TO PICTURE
THE BIN. I THINK THAT WHAT LIKELY HAPPENS IS, YOU KNOW, WHEN YOU HAVE
A BIG TURNOUT, RIGHT, THE BIN PROBABLY GETS FULL AND THEY TAKE THAT PAPER
AND THEY PUT IT SOMEWHERE. SO THAT WOULD HAPPEN HERE MAYBE MORE
QUICKLY, BUT THERE -- YOU KNOW, BUT BY AGAIN, CHANGING THE SIZE OF THE
258
NYS ASSEMBLY JUNE 8, 2023
BALLOT, THEN -- THEN WE WOULD HAVE PROBLEMS. SO I DON'T THINK WE
ANTICIPATE DOING THAT BECAUSE THAT WOULD BE A TREMENDOUS EXPENSE TO
THE COUNTIES AND FOR THE TAXPAYERS.
MR. MIKULIN: OKAY, THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER OTIS: ON THE BILL.
MR. MIKULIN: I THINK IT'S VERY APPARENT WHY WE'RE
DOING THIS. THIS OBVIOUSLY HAS A VERY POLITICAL TONE TO IT. BUT I'M
GOING TO GET BACK TO ONE THING THAT MY COLLEAGUES HAVE BEEN SAYING
OVER AND OVER AND OVER AGAIN. LOCAL ELECTIONS MATTER, LOCAL CONTROL
MATTERS, LOCAL ISSUES MATTER. AND WHAT WE DO KNOW IS THAT WHEN THE
RACE FOR THE PRESIDENT COMES UP, OR THE RACE FOR THE GOVERNOR COMES
UP, PEOPLE ARE OF COURSE ATTRACTED TO THOSE RACES. THOSE RACES THAT ARE
ON TOP OF THE TICKET. THOSE RACES THAT THEY SEE ON THE LOCAL NEWS. NOT
NECESSARILY THOSE LOCAL RACES THAT WE SEE HERE TODAY. I HONESTLY BELIEVE
THAT IT IS BEST TO KEEP LOCAL RACES APART FROM THESE FEDERAL AND STATE
RACES BECAUSE OF LOCAL ISSUES, BECAUSE OF WHAT IT IS THAT THEY'RE TRYING
TO COMMUNICATE. ALSO, WE HAVEN'T HAD MUCH STUDIES DONE ON THIS
MATTER. WE DON'T REALLY KNOW THE FULL EFFECT TO THE MACHINES. THEY
SAY IT'S GOING TO BE OKAY, WE DON'T NECESSARILY KNOW IF THAT'S TRUE OR
NOT. I HONESTLY THINK THAT SOME RESEARCH SHOULD HAVE BEEN DONE WITH
THIS BEFORE PROPOSING THIS BILL HERE TODAY. SO ON THAT, I'M GOING TO VOTE
IN THE NEGATIVE. AND I ENCOURAGE ALL MY COLLEAGUES TO DO THE SAME.
THANK YOU.
ACTING SPEAKER OTIS: MR. PIROZZOLO.
259
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
MS. PAULIN: YES.
ACTING SPEAKER OTIS: WILL THE SPONSOR YIELD?
MR. PIROZZOLO: GOOD MORNING, MS. PAULIN.
HOW ARE YOU?
MS. PAULIN: I WISH.
MR. PIROZZOLO: CERTAINLY FEELS LIKE IT, RIGHT?
MS. PAULIN: YES.
MR. PIROZZOLO: I KNOW THAT MANY OF MY
COLLEAGUES HAVE ASKED MANY OF THE QUESTIONS THAT I'M GOING TO ASK YOU,
BUT I'M GOING TO RE-ASK THEM FOR SOME REASONS. ONE, BECAUSE I JUST
THOUGHT SOME OF YOUR ANSWERS WERE PLATITUDES AND OTHER TIMES I
THOUGHT THEY WERE SORELY INSUFFICIENT TO THE IMPORTANCE OF THIS BILL. SO
THE QUESTION -- AND ACTUALLY I" VE GOTTEN SO MANY REQUESTS FROM
CONSTITUENTS TO SAY THAT THIS BILL IS PRETTY MUCH ABOUT SOONER OR LATER
MAKING EVERY ELECTION HAPPEN ON AN EVEN YEAR, NO MATTER IF IT'S A
COUNTY, YOU KNOW, A STATE ELECTION, A CITY ELECTION, A LOCAL ELECTION.
AND SOME OF MY COLLEAGUES HAVE FRAMED IT AS A POWER GRAB AND I
WOULD PROBABLY HAVE TO AGREE. MY STATEMENT ACTUALLY WOULD BE THAT
GERRYMANDERING DIDN'T WORK SO NOW WE FIND OURSELVES HERE. BUT I'M
GOING TO ASK YOU, WHY AGAIN ARE WE DOING THIS? WHAT ARE THE
IMPORTANT REASONS TO YOU?
MS. PAULIN: TO INCREASE VOTER PARTICIPATION AND
ULTIMATELY SAVE TAXPAYER MONEY.
260
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: OKAY, THAT'S WHAT I HAVE WRITTEN
DOWN IN MY NOTES, THAT'S GOOD. YOU'VE SAID YOU DON'T KNOW THE COST-
SAVINGS, RIGHT?
MS. PAULIN: THEY'RE HARD TO ESTIMATE.
MR. PIROZZOLO: NO ANTICIPATION AT ALL IN THE
COST-SAVINGS. CAN YOU TELL ME HOW MUCH AN ELECTION IN A PRESIDENTIAL
YEAR HAPPENS TO COST ANYWAY?
MS. PAULIN: I -- I ABSOLUTELY CAN'T.
MR. PIROZZOLO: WELL, IF COSTS ARE SO IMPORTANT
WHY DON'T WE KNOW THAT?
MS. PAULIN: I -- I DON'T KNOW THAT.
MR. PIROZZOLO: CAN YOU TELL ME HOW MUCH AN
ELECTION IN AN OFFSITE YEAR COSTS?
MS. PAULIN: DO YOU MEAN -- DO YOU MEAN ALSO FOR
THE WHOLE STATE OR ARE YOU TALKING ABOUT FOR A SPECIFIC SIZE COUNTY?
MR. PIROZZOLO: WHICHEVER ONE YOU HAVE THE
ANSWER TO.
MS. PAULIN: GOT IT.
MR. PIROZZOLO: DO YOU HAVE AN ANSWER TO ANY OF
THOSE THAT YOU JUST BROUGHT UP?
MS. PAULIN: NO.
MR. PIROZZOLO: OKAY, BECAUSE YOU BROUGHT IT UP,
I'M SORRY.
MS PAULIN: YEAH (INAUDIBLE).
MR. PIROZZOLO: ALL RIGHT. THAT'S OKAY.
261
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: IF I CAN FIND IT I'LL GET IT TO YOU AT SOME
POINT.
MR. PIROZZOLO: NO, I DON'T REALLY NEED IT. I'M
JUST REALLY HERE TO POINT OUT THE FACT THAT YOU DON'T KNOW THAT, BUT YET
WE HAVE THIS BILL AS A COST-SAVING MEASURE AND WE DON'T KNOW WHAT
WE'RE SPENDING SO WE REALLY DON'T KNOW WHAT WE'RE SAVING AND MAYBE
WE'LL GET TO THAT LATER.
CAN YOU TELL ME HOW MUCH AN ELECTION COSTS ON AN
ODD CYCLE YEAR?
MS. PAULIN: NO.
MR. PIROZZOLO: SO YOU DON'T KNOW THAT EITHER?
MS PAULIN: NO.
MR. PIROZZOLO: BUT WE'RE DEFINITELY GOING TO BE
SAVING MONEY YOU'RE SURE OF THAT?
MS. PAULIN: WELL, I'M ONLY SURE THAT WE -- WHEN
WE ELIMINATE SOME ELECTIONS DURING ODD YEARS, ULTIMATELY, WE WON'T
HAVE A COST.
MR. PIROZZOLO: THAT'S YOUR OPINION. IT'S NOT A
FACT, THAT'S YOUR OPINION.
MS. PAULIN: WELL, I CAN TELL YOU WE WON'T HAVE TO
HAVE POLL WORKERS, WE WON'T HAVE TO PRINT BALLOTS.
MR. PIROZZOLO: OKAY. I GOT IT SO.
MS. PAULIN: YEAH.
MR. PIROZZOLO: SO, THE NEXT THING WAS
PARTICIPATION. BEFORE I GET THERE, HOW IMPORTANT IS COST TO YOU LIKE ON
262
NYS ASSEMBLY JUNE 8, 2023
A SCALE OF 1 TO 10, HOW IMPORTANT IS SAVING MONEY TO YOU?
MS. PAULIN: I LOVE SAVING MONEY.
MR. PIROZZOLO: SO WOULD YOU SAY A TEN? I DON'T
WANT TO SAY IT FOR YOU, I WANT YOU TO SAY IT.
MS. PAULIN: I WOULD SAY SAVING MONEY IS A GOOD
THING.
MR. PIROZZOLO: IS IT A TEN?
MS PAULIN: ON A SCALE OF 1 TO 10?
MR. PIROZZOLO: YES.
MS PAULIN: WHAT AM I SAVING MONEY ON?
MR. PIROZZOLO: ON ELECTIONS, IT'S YOUR BILL.
MS. PAULIN: I SEE. SO SAVING MONEY GENERALLY I
WOULD SAY IS A GOOD THING, WHICH IS WHY I'M PUTTING FORWARD THIS BILL
BECAUSE I BELIEVE ULTIMATELY IT WILL.
MR. PIROZZOLO: SO IT'S A 10.
MS. PAULIN: IT'S A 10.
MR. PIROZZOLO: OKAY, GREAT. HOW ABOUT
PARTICIPATION? YOU REALLY WANT TO INCREASE PARTICIPATION. HOW
IMPORTANT IS INCREASING PARTICIPATION?
MS. PAULIN: IT'S A 10+.
MR. PIROZZOLO: OKAY. SO THEN WHY DON'T WE JUST
MAKE ELECTION DAY A HOLIDAY AND LET EVERYBODY ELSE VOTE AND NOT HAVE
TO GO THROUGH ANY OF THIS?
MS. PAULIN: WHY DON'T WE MAKE ELECTION DAY A
HOLIDAY?
263
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: YES. WHY --
MS. PAULIN: (INAUDIBLE) ALL ELECTIONS, SCHOOL, FIRE
DISTRICT, YOU KNOW, UNLESS YOU CONDENSE THEM, YOU KNOW, YOU'D HAVE A
LOT OF HOLIDAYS. TALK ABOUT THE TWO HOLIDAYS THAT, I DON'T KNOW IF THIS
ENTIRE BODY IS GOING TO REPRESENT OR VOTE FOR BECAUSE THEY'RE WORRIED
ABOUT THE 180 DAYS. SO IF YOU HAD FIRE DISTRICT ELECTION, TOWN ELECTION,
VILLAGE ELECTION, SCHOOL ELECTION, COUNTY ELECTION, STATE ELECTION,
PRESIDENTIAL, YOU'D HAVE A LOT OF HOLIDAYS.
MR. PIROZZOLO: SO THEN PARTICIPATION SUDDENLY IS
NOT SO IMPORTANT.
MS. PAULIN: WELL, I DON'T KNOW THAT WE CAN GET
OUR KIDS OUT OF SCHOOL THAT MANY TIMES.
MR. PIROZZOLO: WELL, WE HAVE VIRTUAL LEARNING.
OF COURSE WE CAN, BECAUSE WE KNOW THAT WE'RE GOING TO USE IT FOR AN
EXCUSE FOR SOMETHING ELSE, RIGHT? SO DON'T YOU THINK THAT THE
PARTICIPATION OF THE ELECTORATE IS THAT IMPORTANT THAT WE CAN NOW SAY
WE'RE GOING TO CLOSE THE SCHOOLS OR GIVE EVERYBODY THE DAY OFF, A
HOLIDAY SO THEY CAN FULFILL THEIR CONSTITUTIONAL OBLIGATION TO GO AND
VOTE? ISN'T THAT THE PURPOSE OF --
MS. PAULIN: MOST SCHOOLS ARE CLOSED DURING EVEN
YEARS.
MR. PIROZZOLO: I'M SORRY?
MS. PAULIN: MOST SCHOOLS ARE CLOSED ON EVEN
YEARS. SO WE ARE ALREADY DOING THE HOLIDAY, BUT WE HAVE TO GET THE
ELECTIONS TO WHEN THE HOLIDAY IS.
264
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: WHEN YOU SAY "MOST" THAT MEANS
SOME AREN'T.
MS. PAULIN: SOME AREN'T.
MR. PIROZZOLO: WHY DON'T WE MAKE IT ALL AND
JUST LET EVERYBODY --
MS. PAULIN: I THINK WHEN ALL THE ELECTIONS ARE IN
ONE DAY, YEAH, THEN WE CAN DO A HOLIDAY. I THINK THAT'S GREAT.
MR. PIROZZOLO: OKAY. SO I LOOK FORWARD TO
SEEING THAT FROM YOU. SO NOW, ARE WE PURCHASING MORE MACHINES OR
ARE WE GOING WITH WHAT WE GOT?
MS. PAULIN: I DON'T THINK WE HAVE TO. WE JUST
WENT THROUGH ONE OF THE HIGHEST VOTER TURNOUT THAT WE'VE EVER SEEN AND
WE HAD ENOUGH. SO I DON'T THINK THAT WE HAVE TO, CERTAINLY NOT FOR
2026 WHEN IT'S A GUBERNATORIAL YEAR AND WE KNOW THE TURNOUT'S GOING
TO BE LESS, SO WE CERTAINLY DON'T NEED MORE MACHINES.
MR. PIROZZOLO: SO WHAT IS THE ESTIMATED INCREASE
IN VOTER PARTICIPATION THAT YOU THINK WE'RE GOING TO HAVE FROM THIS?
MS. PAULIN: I CAN ONLY TELL YOU WHAT'S -- WHAT'S
BEEN DIFFERENT IN OTHER PLACES. AND WE'VE SEEN DOUBLING AND
REMEMBER, WE'RE TALKING ABOUT THE LOCAL ELECTIONS TO -- TO INCLUDING
THEM IN AN EVEN YEAR, RIGHT? SO WE'RE DOUBLING THAT, BUT NOT
NECESSARILY VOTING THE NUMBER -- DOUBLING THE AMOUNT OF VOTERS THAT
ARE GOING TO THE POLLS IN THAT GIVEN YEAR.
MR. PIROZZOLO: OKAY. SO I'LL TAKE THAT AS I'M NOT
REALLY SURE, BUT SOME PLACES IT'S DOUBLE BUT WE DON'T KNOW WHAT'S GOING
265
NYS ASSEMBLY JUNE 8, 2023
TO HAPPEN HERE.
MS. PAULIN: HOW COULD WE KNOW? WE JUST KNOW?
WE DON'T ANTICIPATE, YOU KNOW, THAT THERE'S GOING TO BE MORE VOTERS IN
A PRESIDENTIAL YEAR THAT'S BEEN UNPRECEDENTED.
MR. PIROZZOLO: SO YOU DON'T REALLY HAVE ANY IDEA
OF THE --
MS. PAULIN: NO, I JUST TOLD YOU. WE DON'T KNOW
THAT -- WE DON'T BELIEVE, HOW COULD WE, THAT WE'RE GOING TO SEE A HIGHER
NUMBER OF VOTERS IN A PRESIDENTIAL YEAR THAN WE SAW IN 2020. WHAT
WE'RE GOING TO SEE IS MORE -- MORE VOTING FOR THOSE RACES THAT ARE BEING
INCLUDED IN THAT YEAR.
MR. PIROZZOLO: GOTCHA. ARE WE HIRING MORE POLL
WORKERS?
MS. PAULIN: WHY WOULD WE HAVE TO IF WE'RE NOT
GOING TO SEE MORE VOTERS?
MR. PIROZZOLO: I'M -- I'M GETTING THERE, I'M
GETTING THERE. ARE WE PRINTING MORE PAPER BALLOTS?
MS. PAULIN: WHY WOULD WE HAVE TO IF WE CAN PUT
THEM ALL ON THE ONE BALLOT?
MR. PIROZZOLO: WELL, IF THE -- NO, NO. I MEAN IF
THE ANTICIPATION OF AN INCREASED VOTER TURNOUT IS THERE, WON'T WE NEED
MORE BALLOTS TO HAND OUT?
MS. PAULIN: NO, BECAUSE THEY'RE ALREADY VOTING FOR
PRESIDENT AND FOR GOVERNOR IN THOSE YEARS. WE'RE PUTTING THE LOCAL ON
THE SAME BALLOT.
266
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: THAT'S NOT WHAT I'M SAYING, I'LL
JUST BREAK DOWN IN SMALLER NUMBERS. IF WHERE USUALLY 100 PEOPLE VOTE
ON A GIVEN PRESIDENTIAL YEAR, NOW WE'RE BRINGING EVERYTHING TOGETHER
TO BRING OUT -- INCREASE THE AMOUNT OF PEOPLE THAT COME, WON'T WE NEED
150 BALLOTS?
MS. PAULIN: NO, WE'RE -- WE'RE NOT DOING THAT.
WHAT WE'RE SAYING IS THAT THE PEOPLE WHO ARE VOTING IN THE PRESIDENTIAL
YEAR, THAT SAME 100, ARE NOW GOING BE VOTING FOR LOCAL. SO THAT WE'RE
NOT INCREASING THE NUMBER OF PEOPLE THAT GO TO THE POLLS. WE'RE
INCREASING THE NUMBER OF PEOPLE THAT VOTE FOR THE LOCAL ELECTIONS.
MR. PIROZZOLO: SO THEN WE'RE NOT INCREASING THE
PARTICIPATION.
MS. PAULIN: WE ARE GREATLY FOR THE LOCAL ELECTIONS
WHEN THERE'S 10 PEOPLE THAT VOTE.
MR. PIROZZOLO: CAN YOU DEFINE WHAT LOW TURNOUT
IS?
MS. PAULIN: I MEAN I THINK IT'S VARIABLE IN A CERTAIN
AREA, RIGHT? SO, YOU KNOW, IN MY AREA I HAVE A VERY HIGH TURNOUT, SO
YOU KNOW, HIGHER OBVIOUSLY IN A PRESIDENTIAL YEAR, A GUBERNATORIAL YEAR
THAN IN A COUNTY YEAR, BUT A VERY HIGH TURNOUT. OTHER DISTRICTS, NOT SO
HIGH. SO I THINK THAT IT'S ALL RELATIVE. AND IF -- SO WHAT WE'RE TRYING TO
DO IS GET EVERYONE TO VOTE IN THE HIGHEST TURNOUT THAT YOU COULD
POSSIBLY GET IN THE DISTRICT RELATIVE TO WHAT THEY DO NOW.
MR. PIROZZOLO: OKAY. SO WE DON'T REALLY KNOW
WHAT LOW TURNOUT IS, THAT JUST MIGHT BE THE TURNOUT FOR THAT ELECTION AND
267
NYS ASSEMBLY JUNE 8, 2023
AGAIN YOUR (INAUDIBLE) --
MS. PAULIN: NO, I'M NOT SAYING THAT. I'M SAYING
THAT WE SEE THE HIGHEST TURNOUT IN AN AREA IN A PRESIDENTIAL YEAR. THAT'S
WHAT WE'RE TRYING TO MAXIMIZE FOR THE LOCAL RACES.
MR. PIROZZOLO: I HEARD SOME COMMENTS AND I
JUST WANT CLARITY ON THIS ABOUT ABSENTEE BALLOTS. ARE THERE GOING TO BE
ANY CHANGES TO ABSENTEE BALLOTS OR ABSENTEE BALLOT LAWS THAT COME
ALONG WITH THIS --
MS. PAULIN: NO, BECAUSE UNFORTUNATELY WE
DEFEATED THAT, RIGHT? I MEAN WE -- THERE WAS -- I MEAN, I DON'T KNOW
WHAT YOUR POSITION WAS. I CERTAINLY WAS IN FAVOR OF, YOU KNOW,
ABSENTEE BALLOTS THAT WOULD GO OUT WITHOUT AN EXCUSE, BUT THAT WAS NOT
THE CONSENSUS OF THE -- PROBABLY OF EVERYONE IN THIS ROOM. ANYONE,
FRANKLY, WHO DIDN'T ADVOCATE FOR THAT IS CAUSING A COMPLICATION FOR
MANY PEOPLE. BUT I WOULD SAY THAT HOPEFULLY OVER TIME THAT WILL COME
BACK AND WE WILL SEE NO EXCUSE ABSENTEE BALLOTS AND THE PROBLEMS THAT
YOU'RE SUGGESTING WILL ALL BE STOPPED.
MR. PIROZZOLO: OKAY. AND WE GAVE COST A 10 IN
THE SCALE BEFORE. SO WHY ARE WE GOING TO CUT A YEAR FROM SOMEONE'S
ELECTION CYCLE INSTEAD OF JUST ADDING A YEAR AND ELIMINATING AN ENTIRE
ELECTION?
MS. PAULIN: BUT WE WOULDN'T BE. THERE STILL
WOULD NEED TO BE AN ELECTED PERSON AS COUNTY EXECUTIVE.
MR. PIROZZOLO: WELL, YOU WANT TO GO FROM A
TWO-YEAR CYCLE TO A ONE-YEAR CYCLE, RIGHT? WHY NOT JUST GIVE THAT
268
NYS ASSEMBLY JUNE 8, 2023
PERSON A THIRD YEAR, ELIMINATE THAT ONE-YEAR ELECTION AND THEN JUST
MOVE ON FROM THERE?
MS. PAULIN: I THINK THERE WAS A REASON WE COULDN'T
DO THAT. YOU KNOW, AND THEN FIVE YEARS YOU'RE SAYING, GIVE THEM THREE
AND FIVE?
MR. PIROZZOLO: NO, NO, VERY SIMPLE. YOU'RE
SAYING TO REDUCE A TERM BY ONE YEAR.
MS PAULIN: RIGHT.
MR. PIROZZOLO: THEN HOLD AN ELECTION A YEAR
LATER FOR THAT SAME TERM.
MS. PAULIN: WE WOULD STILL HAVE AN ELECTION THAT
YEAR.
MR. PIROZZOLO: BUT YOU'D BE REDUCING THAT
ONE-YEAR CYCLE, WOULDN'T YOU?
MS. PAULIN: I UNDERSTAND BUT WE'D STILL BE HAVING
AN ELECTION THAT YEAR SO THERE'S NO SAVINGS DIFFERENCE.
MR. PIROZZOLO: SO THEN IF WE'RE ADDING A THIRD
YEAR --
MS. PAULIN: RIGHT.
MR PIROZZOLO: -- WE'RE NOT HAVING A ONE-YEAR
ELECTION. THAT THIRD YEAR, THAT ELECTION WOULD NOW BE GOING TO THE NEXT
TWO YEARS --
MS. PAULIN: YOU CHANGE EVERYONE'S TERMS.
MR. PIROZZOLO: YOU'RE CHANGING EVERYONE'S
TERMS NOW.
269
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: SO I MEAN, IT'S A THOUGHT. YOU KNOW,
I DON'T KNOW THAT IT CHANGES THE COST BECAUSE YOU STILL HAVE TO HAVE AN
ELECTION AND THAT'S WHAT GOING TO DRIVE, YOU KNOW, THE -- THE -- THE COST
BECAUSE YOU'RE STILL GOING TO NEED THE POLL WORKERS AND ALL THAT STUFF.
BUT, YOU KNOW, I MEAN MAYBE YOU COULD TELL ME WHY YOU THINK IT
WOULD BE COST SAVINGS. DO YOU THINK IT WOULD ELIMINATE SOME
ELECTIONS?
MR. PIROZZOLO: I -- I THINK THAT INSTEAD OF
REDUCING SOMEONE'S TERM AND THEN THROWING IN AN EXTRA ELECTION JUST
INCREASING SOMEONE'S TERM AND NOT HAVING THAT ELECTION WOULD SAVE
MONEY.
MS. PAULIN: WHY? I DON'T UNDERSTAND WHY.
MR. PIROZZOLO: BECAUSE WE'RE ELIMINATING THE
ENTIRE ELECTION YEAR.
MS. PAULIN: BUT WE WOULD STILL HAVE ELECTIONS THAT
YEAR.
MR. PIROZZOLO: OKAY. I THINK REALLY WHAT WE'RE
DOING IS REALLY GOING TO PISS OFF A LOT OF OUR VOTERS BECAUSE OF JUST ALL
THIS INCREASE THAT WE HAVE GOING ON. THE INCREASE IN THE COMMERCIALS.
I WAS IN THE PRIMARY ONE TIME AND SOMEONE CALLED, IT WAS PRIMARY
DAY, ELECTION DAY, AND I HAPPENED TO KNOW THE PERSON THAT WAS
SCREAMING ON THE OTHER END OF THE PHONE, IT WAS A PERSONAL FRIEND OF
MINE, WAS GIVING ONE OF MY VOLUNTEERS HELL BECAUSE THIS IS LIKE THE
18TH CALL I'VE GOTTEN TODAY, NOT NECESSARILY FOR YOU, AND IF I GET ANOTHER
CALL I'M NOT VOTING FOR ANYBODY. BUT THAT BRINGS ME INTO CAMPAIGN
270
NYS ASSEMBLY JUNE 8, 2023
FINANCE. WITH SO MANY PEOPLE RUNNING AT THE SAME TIME AND SO MANY
VOTERS POTENTIALLY BEING UPSET, IS THAT THE REASON FOR CAMPAIGN FINANCE?
BECAUSE I CAN'T IMAGINE THAT PEOPLE'S POCKETS WOULD BE SO DEEP THAT
THEY CAN START CONTRIBUTING TO EVERYBODY. SO IS CAMPAIGN FINANCE AN
ANTICIPATION OF THIS BECAUSE IT WORKS PERFECT.
MS. PAULIN: NO. I DON'T THINK WE WERE THINKING OF
IT BEING RELATED.
MR. PIROZZOLO: ALL RIGHT. WELL, I MEAN MAYBE
IT'S A GOOD THING THAT IT'S THERE, BUT BASICALLY --
IF I MAY ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: YOU CERTAINLY MAY.
MR. PIROZZOLO: ALL RIGHT. SO, YOU KNOW, AS I
SAID BEFORE, I'M GOING TO AGREE WITH MY COLLEAGUES, MAYBE I'LL PUT IT IN
MORE SIMPLE TERMS. I THINK THAT THIS BILL IS TO REPLACE THE FAILED
GERRYMANDERING THAT HAPPENED. WE ARE GOING TO HAVE SOME PROBLEMS
AND I WOULD REALLY, REALLY LIKE TO KNOW THAT IF THIS BILL PASSES, IF THE
GOVERNOR IS GOING TO WITHDRAW HER LAWSUIT AS FAR AS CONTINUING THE
CASE OF GERRYMANDERING ALLOWING THAT TO GO FORWARD IN THE FUTURE.
I WOULD NORMALLY ASK MY COLLEAGUES AT THIS POINT TO
PLEASE CONSIDER NOT VOTING FOR THIS LEGISLATION, AT LEAST MY COLLEAGUES
ON THE OTHER SIDE OF THE AISLE, BUT AS YOU CAN SEE THEY'RE NOT HERE AND IF
THEY ARE HERE, THEY'RE CERTAINLY NOT LISTENING TO WHAT I HAVE TO SAY. SO
I'M NOT GOING TO ASK FOR THAT BECAUSE I THINK THE CAKE IS ALREADY BAKED
AND WE KNOW WHAT'S GOING TO HAPPEN HERE. SO I WILL BE VOTING NO ON
THIS FOR A LOT OF VERY GOOD REASONS AND I THANK MY COLLEAGUES ON MY
271
NYS ASSEMBLY JUNE 8, 2023
SIDE OF THE AISLE FOR THEIR SUPPORT AND FOR THEIR VOTES OF NO, ALSO. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MAHER.
MR. MAHER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
MS PAULIN: YES.
MR. MAHER: THANK YOU. WHERE TO START, OKAY.
THE FIRST QUESTION THAT I HAVE FOR YOU IS ALL OF THE EXEMPTIONS THAT
CURRENTLY TAKE PLACE FOR THE COUNTY OFFICES AND SOME OF THE OTHER
LOCALS, ARE THEY ALL SPECIFICALLY CONSTITUTIONAL ISSUES?
MS. PAULIN: EXCEPT FOR GREEN ISLAND.
MR. MAHER: EXCEPT FOR, I'M SORRY?
MS. PAULIN: GREEN ISLAND. THAT WAS THE
COTERMINOUS TOWN VILLAGE THAT ACTUALLY ELECTS TOWN ELECTEDS AND VILLAGE
ELECTEDS TO KEEP IT ALL -- TO MAINTAIN THE SAME GOAL THAT WE'RE DOING FOR
EVEN YEAR, TO MAKE SURE THAT THEY VOTE IN THE SAME YEAR.
MR. MAHER: BUT THE REASON FOR ALL OF THE
EXEMPTIONS AND THOSE THAT ARE CURRENTLY IN THESE YEARS WERE BASED ON
CONSTITUTIONAL GROUNDS.
MS. PAULIN: YES, EXCEPT FOR THAT ONE.
MR. MAHER: OKAY. QUESTION: WHY WAS
CONSTITUTIONAL GROUNDS PUT IN HIGHER REGARD THAN SOME OF THE LOCAL
COUNTY CHARTERS WHICH ESTABLISHED THESE ELECTIONS? WHY WAS THAT
VALUED MORE IN TERMS OF CREATING THIS DOCUMENT IN THIS LEGISLATION?
MS. PAULIN: I MEAN --
272
NYS ASSEMBLY JUNE 8, 2023
MR. MAHER: I CAN READ A SPECIFIC SECTION IF THAT'S
OKAY.
MS. PAULIN: YEAH.
MR. MAHER: ALL RIGHT.
MS. PAULIN: LOOK, I WOULD JUST SAY THAT WE CAN'T
OVERRIDE THE CONSTITUTION. YOU KNOW, WE CAN OVERRIDE COUNTY CHARTERS,
WE'VE DONE IT BEFORE TO MAKE CONSISTENCY IN THE STATE. SO, YOU KNOW,
IT'S NOT LIKE ONE WE OVER -- YOU KNOW, IT'S NOT THAT WE CHOSE IT. WE
CAN'T DO IT, YOU KNOW.
MR. MAHER: SO YOU DON'T BELIEVE THAT THERE'S ANY
LEGAL ISSUES WITH OVERRIDING A COUNTY CHARTER DESCRIBING HOW THEIR
ELECTION SHOULD PLAY OUT --
MS. PAULIN: ABSOLUTELY -- ABSOLUTELY NOT.
MR. MAHER: OKAY. THANK YOU FOR ANSWERING MY
QUESTION. GOING TO THE MACHINE SIZES AND THE DESIGNS. THIS IS
SOMETHING WHERE I KNOW YOU SPOKE QUITE A LITTLE BIT ABOUT IT AND I
KNOW FROM YOUR WORDS YOU SAID THIS WOULD BE A TREMENDOUS EXPENSE
FOR COUNTIES AND TAXPAYERS SHOULD THOSE SPECIFIC MACHINES NOT BE
VALID. MY QUESTION IS, DID YOU ALL DO A MOCK BALLOT IN THE EVENT THAT
WE HAD CONTESTED ELECTIONS FOR EVERY SINGLE OFFICE IN THE STATE,
CONGRESS, PRESIDENT, LOCALS? WAS THERE A BALLOT AND DID YOU
COMMUNICATE WITH THE BOARD OF ELECTIONS, A LOCAL COUNTY BOARD OF
ELECTIONS ON TRYING TO FIGURE OUT IF THAT WOULD ACTUALLY WORK
PHYSICALLY?
MS. PAULIN: I DID TALK TO THE STATE BOARD OF
273
NYS ASSEMBLY JUNE 8, 2023
ELECTIONS THAT CLEARLY HAS OVERSIGHT OVER ALL THE LOCAL BOARD OF
ELECTIONS AND CERTAINLY IS FAMILIAR WITH ALL OF THE LOCALS AND THEY
BELIEVE THAT THERE ARE -- THAT MOST, MOST OF THE BALLOTS WILL BE ON ONE
PAGE SIMILAR TO WHAT WE HAVE NOW. THAT THERE WILL BE SOME LIKE WE
HAVE SEEN IN SOME ELECTIONS WHERE THERE MIGHT BE TWO, BUT THEY
BELIEVE THAT -- THAT WOULD BE THE MAXIMUM.
MR. MAHER: SO THEY DID NOT ANSWER WITH 100
PERCENT CERTAINTY --
MS. PAULIN: NO, THEY ANSWERED WITH 100 PERCENT
CERTAINTY.
MR. MAHER: I'M SORRY. YOU SAID BELIEVE.
MS. PAULIN: WELL, I MEAN -- I DON'T WANT TO -- YOU
KNOW, I'M NOT GOING TO SUGGEST TO YOU THAT I HAVE IT IN AN AFFIDAVIT, YOU
KNOW, BUT I CAN TELL YOU THAT THAT'S WHAT THEY TOLD ME.
MR. MAHER: SO A BOARD OF ELECTIONS ATTORNEY
SPOKE WITH LOCAL COUNTY --
MS. PAULIN: I DON'T KNOW WHO HE SPOKE WITH, I
JUST KNOW WHAT HE TOLD ME.
MR. MAHER: OKAY. SO YOU --
MS. PAULIN: AND I CAN TELL YOU HE'S BEEN THERE A
LONG TIME.
MR. MAHER: I BELIEVE THE PERSON YOU TALKED TO IS
EXTREMELY QUALIFIED AND KNOWLEDGEABLE. MY SPECIFIC QUESTION IS, WAS
A BOARD OF ELECTION, A COUNTY BOARD OF ELECTION EMPLOYEE OF ANY
LEVEL WHETHER THEY WERE A COMMISSIONER, AN EMPLOYEE, THAT WORKS
274
NYS ASSEMBLY JUNE 8, 2023
WITH THESE MACHINES CONTACTED ON A POTENTIAL EXAMPLE OF WHAT THIS
WOULD LOOK LIKE TO BE ABLE TO VERIFY WHAT YOU JUST SAID? THAT'S --
MS. PAULIN: I DON'T -- I DON'T KNOW WHAT YOU'RE
SAYING. I DON'T KNOW WHAT YOU'RE ASKING ME WHETHER OR NOT USING TWO,
YOU KNOW, BALLOTS WAS, YOU KNOW, WE KNOW THAT THAT'S BEEN DONE,
RIGHT?
MR. MAHER: WELL, IF YOU DON'T MIND I'LL BE PLAIN,
VERY SIMPLE.
MS. PAULIN: YEAH, OKAY.
MR. MAHER: IT IS MY BELIEF --
MS. PAULIN: RIGHT.
MR. MAHER: -- BECAUSE I CAN'T SAY WITH A HUNDRED
PERCENT CERTAINTY BUT I'M ABOUT 99.9 PERCENT THAT THIS WILL CREATE AN
ISSUE AND THE MACHINES WE CURRENTLY HAVE WILL NOT BE ABLE TO HANDLE IT
AND I'M JUST LOOKING FOR A HUNDRED PERCENT VERIFICATION THAT WHILE WE
GO THROUGH THIS PROCESS POTENTIALLY COULD BE AN UNFUNDED MANDATE THAT
WILL REALLY CRIPPLE OUR COUNTIES WITH NO MONEY ATTACHED TO THIS BILL. I
WOULD LOVE FOR US TO BE ABLE TO SAY WE HAVE A HUNDRED PERCENT
CERTAINTY AND I'M JUST NOT HEARING THAT.
MS. PAULIN: I DON'T UNDERSTAND WHY YOU BELIEVE
THAT, YOU KNOW, THE MACHINES WON'T WORK SINCE THE STATE BOARD OF
ELECTIONS SEEMS TO BELIEVE THAT THEY WILL. I DON'T KNOW WHO YOU'VE
TALKED TO THAT'S TELLING YOU THEY WON'T WORK.
MR. MAHER: EVERY SINGLE COUNTY BOARD OF
ELECTIONS EMPLOYEE I'VE TALKED TO HAS TOLD ME THIS IS GOING TO BE A
275
NYS ASSEMBLY JUNE 8, 2023
PROBLEM SO THAT'S ONE.
MS. PAULIN: BUT -- BUT IN WHAT REGARD?
MR. MAHER: THAT THE MACHINES WILL NOT BE ABLE TO
HANDLE A BALLOT THAT LARGE AND --
MS. PAULIN: BUT I EXPLAINED, THERE'S NO LARGE
BALLOT. THE BALLOT IS THE SAME SIZE.
MR. MAHER: UNDERSTOOD.
MS. PAULIN: THEY ARE -- THERE'S JUST POTENTIALLY TWO
OF THEM --
MR. MAHER: OKAY.
MS PAULIN: -- WHICH WE KNOW THEY CAN HANDLE
BECAUSE THEY'VE HANDLED THEM IN OTHER RACES.
MR. MAHER: OKAY. IS THERE A SPECIFIC REGULATION
ON THE BOOKS ANYWHERE THAT SPEAKS TO A FONT SIZE ON THE BALLOT?
MS. PAULIN: I DON'T KNOW, I DON'T KNOW.
MR. MAHER: OKAY. SO -- SO WE DON'T KNOW ABOUT
THE FONT SIZE, WE DON'T -- IN MY OPINION, WE STILL DON'T KNOW IF THIS IS ALL
GOING TO BE ABLE TO INCOHERENTLY FIT ON THE BALLOT, WHETHER IT'S ONE OR
TWO PAGES. OKAY. HOLD ON. I GOT A COUPLE THINGS HERE.
MS. PAULIN: MM-HMM.
MR. MAHER: OKAY. THE ATTORNEY THAT YOU SPOKE TO
- I WROTE THIS DOWN, BOARD OF ELECTIONS ATTORNEY - IS THAT JUST ONE
INDIVIDUAL ATTORNEY THAT WAS IN THAT MEETING? IS THAT A ASSEMBLY
MAJORITY ATTORNEY OR WAS THERE A BIPARTISAN GROUP OF ATTORNEYS THAT HAD
THIS DISCUSSION WITH YOU?
276
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: IT -- IT WAS AN ATTORNEY AT THE STATE
BOARD OF ELECTIONS, NOT AN ASSEMBLY PERSON.
MR. MAHER: SO IT WAS NOT AN EMPLOYEE OF THE -- OF
THE MAJORITY? IT WAS A BOARD OF ELECTIONS ATTORNEY THAT WAS
NON-PARTISAN?
MS. PAULIN: I DON'T KNOW THAT THERE IS SUCH A THING
AS NON-PARTISAN --
MR. MAHER: OKAY.
MS. PAULIN: -- AT THE STATE BOARD OF ELECTIONS. I
THINK YOU ONLY HAVE PARTISAN ONE WAY OR THE OTHER, RIGHT, AT ALL THE
BOARD OF ELECTIONS, THAT'S HOW WE WORK IT, BUT -- BUT HE WAS -- HE'S
BEEN THERE A LONG TIME, HE'S VERY KNOWLEDGEABLE AND HE WAS NOT AN
EMPLOYEE OF THE LEGISLATURE.
MR. MAHER: OKAY.
MS. PAULIN: AND I -- YOU KNOW, I JUST WANT TO SAY
THAT BROOME COUNTY, I DON'T KNOW WHO'S IN BROOME COUNTY, WHEREVER
YOU ARE, ALREADY DOES EVEN YEAR ELECTIONS AND THEY INCLUDE ALL THE -- ALL
THE RACES AND THERE'S NEVER BEEN A PROBLEM.
MR. MAHER: HOW MANY RACES IS THAT?
MS. PAULIN: IN BROOME?
MR. MAHER: YES.
MS. PAULIN: I DON'T HAVE A CLUE. I DON'T LIVE THERE.
MR. MAHER: OKAY. I GUESS MY POINT WOULD BE I
DON'T KNOW IF THAT'S COMPARABLE TO WHAT A RACE WOULD LOOK LIKE IF IT
WAS IN A PRESIDENTIAL CYCLE WITH ALL THE TOWN AND ALL THE JUDGES AS
277
NYS ASSEMBLY JUNE 8, 2023
ASSEMBLYMEMBER TAGUE HAD MENTIONED. I AM JUST SHOCKED THAT THAT'S
SOMETHING THAT MIGHT ACTUALLY HAPPEN. OKAY. GOING TO A SPECIFIC
QUESTION I HAVE. THE WAY THAT I READ THIS AND PLEASE CORRECT ME IF I'M
WRONG, IT LOOKED LIKE THERE WAS AN EXEMPTION FOR ANY TOWN OFFICE THAT
HAD A ODD YEAR, THREE-YEAR TERM.
MS. PAULIN: WE EXEMPTED THREE YEAR TERMS. WE
DON'T EVEN KNOW HOW MANY THERE ARE. SO ONCE THIS GETS SETTLED, WE'LL
SEE IF THERE'S A WAY TO INCORPORATE THEM AS WELL. BUT FOR NOW WE
WEREN'T SURE HOW TO DO IT BECAUSE, YOU KNOW, ADDING A YEAR IS -- COULD
BE PROBLEMATIC BECAUSE THE VOTERS DIDN'T ANTICIPATE OR, YOU KNOW, IT'S
HARD FOR THE STATE TO SAY OKAY, WE'RE GOING TO ADD A YEAR.
MR. MAHER: SO CURRENTLY, ANY TOWN OFFICE OR
COUNTY LEGISLATIVE OFFICE THAT HAS A THREE-YEAR TERM IN AN ODD YEAR IS
EXEMPT FROM THIS.
MS. PAULIN: FOR THE -- FOR THE TIME BEING.
MR. MAHER: SO IF A TOWN BOARD THIS YEAR DECIDED
TO CHANGE THEIR TERMS TO THREE YEARS IN AN ODD YEAR AND IT TOOK EFFECT
BEFORE JANUARY 1 OF 2025, IF THAT'S POSSIBLE, THEY WOULD BE EXEMPT
FROM THIS.
MS. PAULIN: I DON'T -- I DON'T THINK THE TOWNS, I
DON'T KNOW WHERE'S -- WHERE'S MY STAFF, BUT I DON'T THINK THE TOWNS CAN
JUST MAKE THEIR OWN DECISIONS --
MR. MAHER: I'M SORRY. WHAT DO YOU MEAN BY
THAT?
MS. PAULIN: LIKE, IN OTHER WORDS, WE KNOW
278
NYS ASSEMBLY JUNE 8, 2023
COUNTIES CAN -- YOU KNOW, COUNTIES THAT HAVE CHARTERS ESPECIALLY CAN --
CAN DECIDE WHEN THEIR ELECTIONS ARE, YOU KNOW, WHAT THEIR TERMS ARE. I
DON'T KNOW --
MR. MAHER: SO -- SO I WAS A TOWN SUPERVISOR. WE
ABSOLUTELY HAVE THE AUTHORITY TO SET OUR OWN GUIDELINES, OUR TERMS,
TERM LIMITS, SO IF I'M ON THE TOWN BOARD --
MS. PAULIN: SO YOU CAN CHANGE YOUR TERM FROM
TWO TO THREE YEARS?
MR. MAHER: YES. YOU WOULD HAVE TO BE ON THE
BALLOT. SO WE WOULD BASICALLY AFTER THIS IS POTENTIALLY PASSED, ANY
TOWN IN UPSTATE NEW YORK OR WHEREVER THIS IS IMPACTED COULD SIMPLY
SAY HEY, WE'RE GOING TO MAKE A MOTION -- I'M TRYING TO GET YOU TO
CHANGE OR EDIT YOUR LAW -- BUT I'M JUST SAYING. I'M JUST TRYING TO VERIFY
IF THIS IS A PATH TOWARDS A LOOPHOLE.
MS. PAULIN: IT COULD BE.
MR. MAHER: OKAY. THANK YOU FOR, YOU KNOW, AT
LEAST TALKING ME THROUGH THAT ONE. OKAY. SO, I DO HAVE A QUESTION FOR
YOU ON SOME OF YOUR COMMENTS ABOUT VOTERS. SO I THINK I WOULD NEVER
ARGUE WITH YOU THAT THIS WILL INCREASE VOTER TURNOUT IN LOCAL ELECTIONS.
MS. PAULIN: OKAY.
MR. MAHER: MY PROBLEM IS DIGGING A LITTLE BIT
DEEPER. YOU MADE A COMMENT SAYING THAT VOTERS ARE SMART, YOU HAVE
FAITH AND CONFIDENCE IN THE VOTERS, I DO TOO, I AGREE.
MS. PAULIN: YES.
MR. MAHER: MY QUESTION TO YOU IS, DO YOU BELIEVE
279
NYS ASSEMBLY JUNE 8, 2023
THAT THE AVERAGE VOTER HAS ENOUGH TIME IN THEIR DAY TO EVALUATE THE
ELECTIONS THEY CURRENTLY HAVE TO EVALUATE AND THEN THOSE ADDED ON TOP
OF THAT THROUGH ALL THAT THEY HAVE GOING ON WITH THEIR KIDS AND THEIR
FAMILY AND THEIR LIFE. DO YOU BELIEVE THEY HAVE ENOUGH TIME TO TRULY
EVALUATE THEIR ELECTIONS?
MS. PAULIN: I -- I THINK THAT VOTERS ARE SMART.
THEY PARTICIPATE WHEN THEY ARE GIVEN INFORMATION. THEY GET ENGAGED
AND HONESTLY THEY'RE CAPABLE OF MULTI-TASKING. SO YEAH, I DO THINK THAT
THEY COULD POTENTIALLY EVALUATE ALL THOSE RACES IF THEY WANTED TO. AND
IF THEY DIDN'T WANT TO, THEY WOULDN'T. BUT, THEY CERTAINLY ARE CAPABLE OF
DOING IT.
MR. MAHER: SO, MY QUESTION AGAIN ISN'T ABOUT
SMART OR CAPABILITY. MY SPECIFIC QUESTION TO YOU IS, DO YOU BELIEVE THE
AVERAGE VOTER HAS ENOUGH TIME TO RESPONSIBLY EDUCATE THEMSELVES ON
ALL OF THESE RACES THAT ARE GOING TO BE GIVEN AND PUTTING INTO ONE YEAR?
MS. PAULIN: I -- I THINK AGAIN THAT THE NUMBER OF
PEOPLE THAT WOULD PARTICIPATE IN THE EVEN YEAR COMPARED TO THE NUMBER
OF PEOPLE IN THE ODD YEAR, THAT YOU WOULD HAVE A GREATER PROPORTION
PARTICIPATING KNOWLEDGEABLE BECAUSE YOU WOULD JUST HAVE AN
INCREASED AMOUNT OF PEOPLE.
MR. MAHER: WHY DO YOU THINK THEY'D BE MORE
KNOWLEDGEABLE IN THAT SCENARIO?
MS. PAULIN: I'M JUST SAYING THAT THERE WOULD BE --
SO YOU'RE SUGGESTING THAT SOME PEOPLE WHO VOTE ARE NOT GOING TO BE
KNOWLEDGEABLE BECAUSE THEY'RE NOT GOING TO HAVE TIME AND OTHERS WILL
280
NYS ASSEMBLY JUNE 8, 2023
BE.
MR. MAHER: NO. I'M SAYING THE OVERWHELMING
MAJORITY OF PEOPLE WILL NOT HAVE ENOUGH TIME TO APPROPRIATELY EDUCATE
THEMSELVES ON VERY IMPORTANT SERIOUS ELECTIONS AT EVERY LEVEL.
MS. PAULIN: JUST BECAUSE WE'RE ADDING PEOPLE?
MR. MAHER: JUST BASICALLY ON WHAT THEY HAVE NOW,
I'M SAYING A MAJORITY OF PEOPLE DON'T HAVE ENOUGH TIME.
MS. PAULIN: SO NOW YOU THINK THAT THEY'RE NOT
EDUCATED.
MR. MAHER: NO. I BELIEVE WITH CERTAINTY THAT
THERE'S NOT ENOUGH TIME IN THE DAY FOR PEOPLE TO PROPERLY EDUCATE
THEMSELVES CURRENTLY. AND IF WE MAKE THINGS WORSE WE'RE GOING TO PUT
THEM IN AN EVEN WORSE POSITION. AND I DON'T THINK THERE'S ANYTHING
WRONG WITH SAYING IT BECAUSE I BELIEVE THAT'S THE TRUTH.
MS. PAULIN: I -- I BELIEVE THAT VOTERS ARE SMART --
MR. MAHER: ME TOO. I DO, TOO.
MS. PAULIN: -- AND THAT THEY'RE GOING TO BE ABLE TO
DO THIS.
MR. MAHER: OKAY. WE'RE GOING TO RESPECTFULLY
DISAGREE BUT THANK YOU FOR ANSWERING THE QUESTION.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MAHER: THANK YOU. OKAY. SO SINCE I HAVE
REALLY ENJOYED MY TIME WORKING WITH THE SPONSOR ON PREVIOUS
LEGISLATION AND I WAS VERY TOUGH HOPEFULLY WITH THE QUESTIONS,
281
NYS ASSEMBLY JUNE 8, 2023
HOPEFULLY SHE RESPECTS MY OPINIONS ON THEM, OR NOT. VERY, VERY MUCH
ENJOYED WORKING WITH THE VETERANS OF QUALITY ACT WITH SENATOR
LARKIN, WITH THIS SPONSOR. I KNOW HER HEART'S IN THE RIGHT PLACE, BUT
THIS SPECIFIC BILL WILL ABSOLUTELY HURT OUR ABILITY TO HAVE VOTERS THAT
HAVE TIME TO EDUCATE THEMSELVES. MY PARENTS WORK VERY HARD, VOTERS
WORK VERY HARD, I HAVE KNOCKED ON DOORS ON LOCAL ELECTIONS AND MOST
OF THE TIME I SPEND KNOCKING ON DOORS IS EDUCATING VOTERS ON THINGS
THEY JUST DON'T KNOW ABOUT. AND IT HAS NOTHING TO DO WITH THEIR WILL TO
LEARN ABOUT THE ELECTION. IT HAS NOTHING TO DO WITH THEM BEING SMART.
THEY DON'T HAVE THE TIME. AND THAT'S JUST A FACT. AND BY COMPOUNDING
THAT FACT THAT CURRENTLY EXISTS FOR THE MAJORITY OF VOTERS RIGHT NOW BASED
ON ME PHYSICALLY MEETING THEM AND KNOCKING ON THEIR DOORS AND
TALKING TO THEM ON THE PHONES AND E-MAILING THEM, WE'RE JUST MAKING IT
MUCH, MUCH WORSE. AND ANYONE, IN MY OPINION, IF YOU DON'T KNOW
THAT FOR A FACT, THEN YOU'RE NOT INTERACTING WITH VOTERS ENOUGH. AND MY
JOB RIGHT NOW IS JUST TO SPEAK ON THIS SPECIFIC BILL AND I THINK IT'S REALLY,
REALLY DANGEROUS THE THOUGHT OF HAVING VOTERS GO TO THE POLLS AND JUST
NOT HAVE THE ABILITY TO HAVE THE TIME IN THEIR DAY TO APPROPRIATELY
EDUCATE THEMSELVES ON THESE ISSUES.
WHEN I KNOCKED ON DOORS FOR MY TOWN SUPERVISOR
RACE, WE HAD THIS AMAZING ABILITY TO FOCUS ON LOCAL ISSUES. AS
SOMEONE WHO HAS WORKED AT THE LOCAL LEVEL, THE FEDERAL LEVEL, THE
STATE LEVEL ON CAMPAIGNS, I KNOW THAT OUR INDUSTRY IS A BILLION,
MULTI-BILLION DOLLAR INDUSTRY. THAT'S WHAT CAMPAIGNS IS, THAT'S THE
REALITY. AND IN A PRESIDENTIAL CYCLE AND IN A CONGRESSIONAL CYCLE, IT IS
282
NYS ASSEMBLY JUNE 8, 2023
THE JOB OF PROFESSIONALS TO CREATE A POLARIZING ENVIRONMENT. NOW WHAT
WE'RE DOING IS WE'RE ALLOWING THAT POLARIZING BILLION DOLLAR INDUSTRY TO
MANIPULATE LOCAL ELECTIONS AND THEN USE LOCAL ISSUES, WHETHER THEY'RE
TRUE OR NOT, TO HELP INFLUENCE THE TOP OF THE TICKET. IT'S GOING TO CREATE
MORE DISINFORMATION. IT'S GOING TO CREATE LESS EDUCATED VOTERS NO
MATTER HOW SMART THEY ARE AND THAT'S JUST SOMETHING THAT I STRONGLY
BELIEVE IN. I THINK AT THE END OF THE DAY LOCAL ELECTIONS ARE THE PURIST
FORM OF GOVERNMENT WE HAVE LEFT BECAUSE IT'S SO CLOSE TO THE PEOPLE.
THE MORE THE PEOPLE ARE INVOLVED IN THEIR GOVERNMENT, ESPECIALLY AT
THE LOCAL LEVEL, IT'S SPECIAL. THE MORE HONEST THE GOVERNMENT BECOMES
AND WE'RE REALLY TAKING THAT AWAY TO A LARGE DEGREE BY INCLUDING THEM
IN THESE ELECTIONS WHERE WE WILL JUST HAVE WAY TOO MUCH INFORMATION
FOR ANYONE, OURSELVES INCLUDED, TO REALLY EDUCATE OURSELVES PROPERLY ON
EVERY SINGLE RACE, ESPECIALLY IF THERE'S MULTIPLE CANDIDATES. AND IF
YOUR COMEBACK TO THAT IS, OH, YOU'RE SAYING PEOPLE AREN'T SMART, THAT'S
NOT WHAT I'M SAYING. IT'S NOT. IT'S JUST THE MATTER OF FACT AND IT'S THE
TRUTH OF OUR CURRENT POLITICAL PROCESS. THAT IS MY OPINION, THOSE ARE
MY COMMENTS. THANK YOU MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.
WILL THE SPONSOR YIELD?
MS. PAULIN: ABSOLUTELY.
ACTING SPEAKER AUBRY: MS. PAULIN?
GRACIOUS, MS. PAULIN.
283
NYS ASSEMBLY JUNE 8, 2023
MR. BLUMENCRANZ: THANKS, SPONSOR. NOW
WOULD YOU CONSIDER OUR FEDERAL ELECTIONS RELATIVELY NOISY RIGHT NOW?
MS. PAULIN: WHAT DO YOU MEAN? WHAT DO YOU
MEAN?
MR. BLUMENCRANZ: LIKE OUR PRESIDENTIAL
ELECTIONS, CONGRESSIONAL.
MS. PAULIN: I DON'T KNOW WHAT NOISY IS, BUT I THINK
PEOPLE ARE ENGAGED, YES.
MR. BLUMENCRANZ: WELL, I -- I JUST SAY THAT
BECAUSE I LIVE IN NASSAU COUNTY. I REPRESENT AN AREA OF THE TOWN OF
OYSTER BAY. WE HAVE A LOT OF COMPETITIVE ELECTIONS AROUND HERE AS
YOU KNOW THIS YEAR. WE HAVE A LOT OF MONEY IN THOSE ELECTIONS. MY
CONCERN IS WITH THESE CANDIDATES FOR OUR TOWNS AND COUNTIES BEING AT
THE SAME TIME AS OUR FEDERAL RACES IF WE'LL START TO SEE THE DIMINISHED
TURNOUT THAT MANY OF MY COLLEAGUES HAVE POINTED OUT. BUT BESIDES THE
-- THE STATE CONSTITUTIONAL CONCERNS, DO YOU SEE ANY CONCERNS WITH THIS
BILL WITH OUR FEDERAL CONSTITUTION?
MS. PAULIN: NO.
MR. BLUMENCRANZ: NO? SO YOU DON'T THINK THAT
THERE MIGHT BE ANY POTENTIAL THAT THIS BILL MAY CREATE ANY VIOLATIONS FOR
THE 14TH AMENDMENT FOR NEW YORKERS?
MS. PAULIN: NO.
MR. BLUMENCRANZ: ALL RIGHT. SO I WOULD SAY
THERE MIGHT ALSO BE SOME ISSUES WITH REGARDS TO THE FIRST AMENDMENT
WITH MARGINALIZED GROUPS. YOU'RE GOING TO INCREASINGLY SEE LESS OF A
284
NYS ASSEMBLY JUNE 8, 2023
VOICE FOR PEOPLE. WE'RE FACED WITH A LOT OF CONFUSION. DO YOU FIND
THAT YOUR CONSTITUENTS ARE A LITTLE CONFUSED AFTER THE CHANGE OF MAPS
POTENTIALLY?
MS. PAULIN: I HAVEN'T HEARD THAT THEY'RE CONFUSED,
NO.
MR. BLUMENCRANZ: WELL, I'LL SAY QUITE A FEW OF
THE PHONE CALLS I GET IN MY OFFICE ARE WHO ARE YOU AND WHAT YOU DONE
WITH CHUCK LAVINE? I'M LIKE, DON'T WORRY. HE'S RIGHT NEXT DOOR.
(LAUGHTER)
BUT WITH REGARDS TO THE FIRST AMENDMENT, YOU KNOW,
OUR VOTERS ARE ALREADY CONFUSED. THEY'RE CONFUSED ABOUT THE CHANGE IN
MAPS. NOW WE'LL HAVE TO EXPLAIN OUR NEW FORM OF CAMPAIGN FINANCE
AND NOW WE'RE ALSO GOING TO MOVE OUR ELECTIONS. NOW AS MANY OF MY
COLLEAGUES HAVE POINTED OUT, NOT EVERYONE IS AS ENGAGED AS WE ARE.
DO YOU FIND THAT THIS CONFUSION MAY CREATE A CRISIS WHERE PEOPLE FEEL
LIKE THEIR -- THEIR RIGHTS ARE BEING VIOLATED IF THEY'RE UNAWARE WHEN
ELECTIONS ARE HAPPENING, WHEN TO VOICE THEIR OPINIONS BECAUSE THEY
DON'T KNOW WHEN ELECTION DAY IS ANYMORE?
MS. PAULIN: I THINK THEY'RE JUST GOING TO GET A
HAPPY SURPRISE WHEN THEY GO TO THE POLLING PLACE ON ELECTION DAY IN
AN EVEN YEAR AND SEE EVEN MORE PEOPLE THAT THEY DIDN'T EVEN KNOW
EXISTED BEFORE BECAUSE THEY NEVER PARTICIPATED IN THE ODD YEAR, THEY
WILL THEN SAY OH, MY GOODNESS. I GET TO VOTE FOR ALL OF THESE PEOPLE AND
IT WILL BE A CONVENIENCE, YOU KNOW, FOR -- I KNOW THAT, YOU KNOW, WE
TALKED ABOUT PEOPLE BEING BUSY. THIS WILL BE A GREAT CONVENIENCE FOR
285
NYS ASSEMBLY JUNE 8, 2023
PEOPLE.
MR. BLUMENCRANZ: IS THERE ANY PLAN FOR ANY
SORT OF PUBLIC OUTREACH, RIGHT? ARE WE GOING TO START TO INFORM NEW
YORKERS OF THIS PRETTY SILENT THING?
MS. PAULIN: I WOULDN'T WORRY THAT CANDIDATES WHO
ARE RUNNING ARE GOING TO KEEP QUIET ABOUT IT. THEY ARE -- THEY ARE
GOING TO INFORM THE VOTERS THAT THEY'RE RUNNING IN THAT YEAR, AND THEY'RE
GOING TO ENCOURAGE PEOPLE TO COME OUT AND VOTE FOR THEM. AND I'M
NOT REALLY WORRIED ABOUT ADVERTISING IT SEPARATE FROM THAT.
MR. BLUMENCRANZ: SO YOU THINK JUST GRASSROOTS
OUTREACH, BY THE WAY, AN ELECTION YOU VOTED --
MS. PAULIN: I KNOW I KNOCKED ON A LOT OF DOORS IN
MY LAST CAMPAIGN.
MR. BLUMENCRANZ: I'M SURE AND I FEEL LIKE WE
ALL MIGHT'VE, BUT THAT DOESN'T NECESSARILY ACCOUNT FOR REACHING ALL, YOU
KNOW, 130 OR SO THOUSAND RESIDENTS IN EACH OF OUR DISTRICTS. AND I
THINK THAT WE MAY VERY WELL SEE A LOT OF PEOPLE EXTREMELY CONFUSED FOR
MANY ELECTION CYCLES. IS THERE GOING TO BE A FINANCIAL COST TO THIS EXTRA
ELECTION IN RELATION TO CHANGE IN -- IN ADMINISTRATIONS, IN COUNTIES
NOW? NASSAU COUNTY IS A VERY LARGE PLACE. THE CHANGE OF
ADMINISTRATION IS AN EXTREMELY COSTLY ENDEAVOR AND WE'RE CREATING --
MS. PAULIN: DO YOU MEAN A CHANGE IN THE PERSON
WHO'S ELECTED?
MR. BLUMENCRANZ: THE PERSON, THEIR
ADMINISTRATION, ALL THE SIGNNAGE, THERE'S A LOT THAT GOES INTO REMOVING --
286
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: I THINK EVERY ELECTION HAS THE
POTENTIAL FOR CHANGING THE ADMINISTRATION IN A COMPETITIVE ELECTION SO
THAT DOESN'T CHANGE.
MR. BLUMENCRANZ: WELL, THIS LAW WILL CREATE AN
ELECTION THAT SHOULD NEVER HAVE HAPPENED, RIGHT, FOR MANY --
MS. PAULIN: WELL, COUNTY EXECUTIVE RUNS EVERY
FOUR YEARS, RIGHT? SO ONE YEAR THEY'LL RUN FOR THREE YEARS, IT'S JUST NOT
THAT DIFFERENT.
MR. BLUMENCRANZ: ALL RIGHT. THANK YOU.
ON THE BILL.
THERE ARE SOME CARVE-OUTS FOR THIS PIECE OF LEGISLATION
IN REGARD TO SOME AREAS OF THE STATE. I THINK ONE AREA THAT HAS BEEN LEFT
OUT OF THOSE CARVE-OUTS IS LONG ISLAND. I KNOW THE COUNTY OF NASSAU
IS VERY UNIQUE. IT'S LARGER THAN MOST MAJOR US CITIES. IT'S COUNTY
EXECUTIVE OVERSEES MILLIONS OF RESIDENTS. UNLIKE MANY TOWNS HERE IN
NEW YORK OR COUNTIES, OUR TOWNS HAVE OVER A MILLION PEOPLE IN THEM,
THE LARGEST IN AMERICA. ALSO, IN NASSAU COUNTY MANY OF THEM. AND
THE GOVERNMENT STRUCTURE DOESN'T EXACTLY EXIST IN THE WAY IT DOES IN
MANY OTHER TOWNS. AND WITH THAT COMES A LOT OF MONEY IN THESE LOCAL
ELECTIONS IN ORDER TO TRY AND -- AND GAUGE THE VOTER. I KNOW THAT OUR
COUNTY EXECUTIVE RACES COST MILLIONS OF DOLLARS, 2- TO 5 MILLION EACH
CANDIDATE, THROW THAT ON TOP OF OUR TOWN RACES WHICH COST MILLIONS, AS
WELL AS OUR CONGRESSIONAL RACES THAT OUR NEW SPEAKER, AS WELL AS THE
NEW MINORITY LEADER IN CONGRESS HAVE COMMITTED TENS -- $20 MILLION
FOR EACH RESPECTIVE RACE IN NASSAU COUNTY, AS WELL AS WHAT WOULD BE
287
NYS ASSEMBLY JUNE 8, 2023
TAXPAYER FUNDS FOR THE GOVERNOR OR THE BILLIONS OF DOLLARS THAT WILL BE
SPENT IN OUR PRESIDENTIAL RACE. IT'LL BE A LOT OF MONEY, A LOT OF NOISE
AND AN AWFUL LOT OF ADVERTISING, ATTEMPTS FOR VOTER ENGAGEMENT. OUR
VOTERS WILL BE FATIGUED. OUR COUNTY ISSUES ARE LARGE BECAUSE OUR
POPULATIONS ARE LARGE AND THEY WILL CONTINUE TO BE NEGLECTED.
ON A TOWN LEVEL, VERY PRESSING ISSUES IN BOTH NASSAU
AND SUFFOLK TOWNS WITHIN THOSE COUNTIES ARE SERIOUS, ESPECIALLY WITH
REGARDS TO OUR ENVIRONMENT, OUR WATER SUPPLY. WE'RE STILL DEALING WITH
THE LEGACIES OF THE POLLUTION FROM POST-WORLD WAR II IMPACTS AND THAT'S
A SERIOUS CONCERN OF PEOPLE, EACH ELECTION CYCLE AND IT'S SOMETHING THAT
WILL NOT BE SPOKEN ABOUT WHEN WE HAVE OUR FEDERAL RACES DICTATING THE
CONVERSATION. IT'S REALLY IMPORTANT THAT WE KEEP THESE RACES SEPARATE
BECAUSE THEY FUNDAMENTALLY CHANGE THE NARRATIVE OF OUR RACES AND --
AND THE CANDIDATES WE WILL CHOOSE. IT WILL BE MUCH EASIER FOR OUR --
OUR PARTIES TO SHIFT THE NARRATIVE. IT WILL BE MUCH EASIER FOR CANDIDATES
DOWN BALLOT, JUDGES ESPECIALLY IN NASSAU COUNTY TO BE -- BE SWEEPED
UNDER THE RUG WHEN IT COMES TO THE POLITICAL CONVERSATION, AND IT'S
EXTREMELY TROUBLING.
I'M VERY SAD IN THE LAST FEW DAYS OF SESSION TO SEE
SOME OF MY COLLEAGUES INTRODUCE A PIECE OF LEGISLATION LIKE THIS THAT
DOESN'T REALLY ANSWER THE NEEDS OF WHAT WE WERE SENT HERE TO DO. IT
CONTINUES TO BRING PARTY POLITICS TO THE FOREFRONT OF OUR
DECISION-MAKING AND NEGLECT TO BRING WHAT I SEE AS THE MOST IMPORTANT
ISSUES SURROUNDING AFFORDABILITY TO MANY OF YOU, ISSUES LIKE HOUSING OR
-- OR MAKING SURE THAT OUR NEXT GENERATION IS EDUCATED PROPERLY AS
288
NYS ASSEMBLY JUNE 8, 2023
WHAT WE'RE DEALING WITH IN OUR FINAL DAYS AND I FIND THAT VERY
DISPARAGING. SO I PERSONALLY DO NOT SUPPORT THIS PIECE OF LEGISLATION
AND I URGE ALL OF MY COLLEAGUES TO NOT SUPPORT IT AS WELL. THANK YOU.
ACTING SPEAKER AUBRY: MR. BENDETT.
MAY I REMIND COLLEAGUES THAT IF YOU ASK A COLLEAGUE
TO YIELD THAT'S FOR QUESTIONS. ONCE YOU END YOUR QUESTIONS YOU GO ON
THE BILL AND ANNOUNCE IT SO WE KNOW THE DIFFERENCE BETWEEN THE
QUESTION AND THE ACCUSATION OR THE ACCEPTANCE, ONE OR THE OTHER.
MR. BENDETT, WHAT WOULD YOU LIKE TO DO?
MR. BENDETT: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: THERE WE GO. MS.
PAULIN YIELDS.
MR. BENDETT: THANK YOU. WE SPOKE EARLIER ONE
OF MY COLLEAGUES MENTIONED ARTICLE IX OF THE NEW YORK STATE
CONSTITUTION. THE NEW YORK STATE CONSTITUTION UNDER ARTICLE IX
GRANTS LOCAL GOVERNMENTS A BILL OF RIGHTS SO THAT IT HAS THE AUTHORITY
NECESSARY TO CARRY OUT THE SERVICES FOR THE PUBLIC WITHOUT INTERFERENCE
FROM THE STATE. EVERYBODY -- MOST PEOPLE HERE COME FROM LOCAL
GOVERNMENTS. LOCAL GOVERNMENTS PROVIDE ALL THE PUBLIC SERVICES SUCH
AS WATER, SEWER AND MEALS, MEALS FOR SENIORS. IN MANY PEOPLES'
OPINIONS THAT THIS BILL WILL ERODE THE LOCAL GOVERNMENTS' RIGHTS AND
WITHOUT ANY STATE CONCERN JUSTIFIED FOR THE BILL THIS COULD BE
CONSIDERED UNCONSTITUTIONAL. WHY DO YOU THINK THAT IT'S NOT?
289
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: I THINK THAT IT DOESN'T CHANGE ANYTHING
THAT A LOCAL GOVERNMENT CAN DO. ALL WE DO IS INCREASE VOTER
PARTICIPATION. I DON'T SEE HOW INCREASING PEOPLES' ROLE IN GOVERNMENT
AND ELECTING PEOPLE COULD EVER BE DEEMED UNCONSTITUTIONAL.
MR. BENDETT: OKAY. BUT DON'T YOU THINK THAT
THEY HAVE THE RIGHT TO SET THEIR OWN ELECTION SCHEDULE?
MS. PAULIN: WELL, MOST OF THAT IS ALREADY
CONTROLLED BY US IN THE STATE. SO I DON'T SEE, YOU KNOW, I DON'T KNOW.
I -- I DON'T THINK THAT BY TAKING BACK SOME OF THAT TO MAKE VOTERS
PARTICIPATE MORE IN DEMOCRACY IS UNCONSTITUTIONAL.
MR. BENDETT: OKAY. YOU TALKED EARLIER ABOUT
ONE OF MY COLLEAGUES ASKED ABOUT AT THE END OF THE BALLOT ABOUT VOTER
DROP-OFF BASED ON THAT ELECTION AND YOU SAID IT WAS MINISCULE, THAT WAS
THE WORD THAT YOU USED. THERE IS A STUDY, ARE YOU AWARE OF IT? IT'S
PUBLISHED IN OXFORD'S REVIEW OF ECONOMIC STUDIES AND IT SAYS THAT
CHOICE FATIGUE SIGNIFICANTLY INCREASES THE LIKELIHOOD OF VOTER WILL
ABSTAIN OR TAKE DECISION SHORTCUTS LIKE BLINDLY PICKING THE FIRST NAME
ON THE BALLOT OR STICKING TO THE INCUMBENTS AND THEY SAY THAT THAT
FATIGUE NEARS 10 PERCENT.
MS. PAULIN: SO I WOULD SAY THAT SINCE WE'RE
ANTICIPATING THAT VOTER TURNOUT IS GOING TO INCREASE BY 50 PERCENT OR
100 PERCENT BY INCLUDING THEM IN EVEN YEARS, 10 PERCENT IS MINISCULE
COMPARED TO THE INCREASE THAT WE'LL SEE.
MR. BENDETT: OKAY. ONE OF MY COLLEAGUES JUST
RECENTLY TALKED ABOUT THE VARIOUS OTHER RACES AND ALL THE MONEY THAT
290
NYS ASSEMBLY JUNE 8, 2023
COMES IN TO THESE RACES AND THESE BILLIONS OF DOLLARS IN THIS INDUSTRY.
DO YOU THINK THAT CAMPAIGN EXPENDITURES ESPECIALLY OPAQUE ONES WILL
INFLUENCE THESE DOWN-BALLOT ELECTIONS?
MS. PAULIN: WAIT. SAY THAT ONE MORE TIME.
MR. BENDETT: DO YOU THINK THAT THESE
EXPENDITURES WILL INFLUENCE DOWN-BALLOT ELECTIONS? SO DO YOU THINK
THAT IF -- AS MY COLLEAGUE JUST SAID THAT ON LONG ISLAND THERE'S GOING TO
BE MILLIONS OF DOLLARS SPENT ON CONGRESSIONAL CAMPAIGNS. DO YOU
THINK THAN THAT MONEY SPENT ON THOSE CONGRESSIONAL CAMPAIGNS WILL
INFLUENCE DOWN-BALLOT ELECTIONS?
MS. PAULIN: I GUESS ANY TOP BALLOT COULD INFLUENCE,
BUT I CAN TELL YOU THAT, YOU KNOW, WE ALL WATCH OUR NUMBERS AND ONE OF
THE THINGS THAT I THINK WE TAKE PRIDE ON, IS WHEN WE RUN AHEAD OF THE
TOP OF THE TICKET. SO I DON'T KNOW THAT -- THAT ALL OF THE PEOPLE RUNNING
AREN'T GOING TO BE TRYING TO DO THAT. MAKING THEIR VOICES HEARD AS
CANDIDATES AND REALLY TRYING TO GET PEOPLE TO FOCUS ON THEM. SO SURE, I
THINK IT'S POSSIBLE, BUT HONESTLY IF THE CANDIDATES AREN'T WORKING IT, THEN
IT'S MORE POSSIBLE.
MR. BENDETT: OKAY. AND YOU DON'T THINK THAT
THIS WILL BE AN INCREASED BURDEN FOR ELECTION ADMINISTRATORS EVEN
THOUGH MANY COUNTY BOARD OF ELECTIONS PEOPLES FEEL THAT WAY?
MS. PAULIN: I -- I THINK WE'RE SEEING BROOME
COUNTY DO IT SUCCESSFULLY. I THINK IF THEY CAN DO IT, WE CAN DO IT AND,
YOU KNOW, AND THEN WE'LL JUST INCREASE VOTER PARTICIPATION. IF THERE'S
BURDENS I'M NOT SURE EXACTLY HOW THAT WOULD BE BECAUSE WE'D HAVE THE
291
NYS ASSEMBLY JUNE 8, 2023
SAME POLLING PLACES, THE SAME AMOUNT OF WORKERS, POTENTIALLY EVEN THE
SAME TURNOUT AS WE SAW IN 2020 WHERE THEY WERE SUCCESSFUL. SO I
DON'T KNOW WHAT EVERYBODY'S WORRIED ABOUT. ARE THEY WORRIED THAT
SOMEHOW WE'RE GOING TO SEE EVEN A MORE INCREASED TURNOUT THAN WE
DID IN THE MOST -- MOST POPULIST TURNOUT THAT WE'VE EVER SEEN? WE
SHOULD JUST BE SO LUCKY AND THEN HAVE TO DEAL. I DO NOT BELIEVE THAT IN
THE GUBERNATORIAL YEAR IN 2026 WHEN THIS FIRST TAKES EFFECT, THAT WE'RE
GOING TO SEE THAT LARGE AN INCREASE TO THE PRESIDENTIAL YEAR THAT WE SAW
IN 2020. BUT IF WE DO, THEN WE WILL THEN HAVE TO PREPARE FOR TWO YEARS
LATER, AND WE'LL HAVE TWO YEARS TO DO IT.
MR. BENDETT: THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BENDETT: THANK YOU. THIS BILL WILL INFRINGE
ON THE STATE CONSTITUTIONAL RIGHTS GRANTED TO LOCAL GOVERNMENTS. IN
NEW YORK STATE LOCAL GOVERNMENTS IMPACT THE DAY-TO-DAY LIVES OF THE
PUBLIC MORE THAN ANY OTHER LEVEL OF GOVERNMENT. WITHOUT LOCAL
GOVERNMENT, PUBLIC SERVICES SUCH AS WATER, SEWER, MEALS FOR SENIORS
WOULD NOT BE DELIVERED. AND IT'S BECAUSE OF THIS IMPORTANCE THAT MANY
BELIEVE THAT ARTICLE IX OF THE NEW YORK STATE CONSTITUTION WHICH
GRANTS LOCAL GOVERNMENTS A BILL OF RIGHTS SO THAT IT HAS THE AUTHORITY
NECESSARY TO CARRY OUT THE SERVICES FOR THE PUBLIC WITHOUT INTERFERENCE
FROM THE STATE. THIS BILL WILL INCREASE THE BURDEN FOR ELECTION
ADMINISTRATORS. IT WILL INCREASE VOTER CONFUSION AND CONTRARY TO THE
CLAIM IN THE MEMORANDUM IN SUPPORT, THIS BILL WILL CREATE MORE
292
NYS ASSEMBLY JUNE 8, 2023
CONFUSION FOR VOTERS, CROWDED, LONG BALLOTS, SOME VOTERS MIGHT NOT
EVEN CASE A PREFERENCE FOR DOWN-BALLOT RACES, LESS CARE GIVEN TO
ANYTHING AFTER THE TOP OF THE TICKET SO MORE ETHNIC, SURNAME BINIS --
BIAS, PICKING WHOEVER IS FIRST AND RANDOM RANK CHOICE VOTING PICKS, IT
WILL POTENTIALLY DISENFRANCHISE VOTERS DUE TO THIS CONFUSION. THIS BILL,
MANY BELIEVE WILL ALSO FACILITATE NATIONAL PARTISANSHIP AND THAT WILL
PERMEATE TOWARDS LOCAL ELECTIONS. OPAQUE CAMPAIGN EXPENDITURES WILL
INFLUENCE DOWN-BALLOT ELECTIONS AND THIS WOULD DRAMATICALLY
STRENGTHEN THE IMPACT OF INDEPENDENT EXPENDITURE COMMITTEES AND
OTHER UNRESTRICTED SPENDING SOURCES. THIS IS A RARE SITUATION AND IT IS
BOTH BAD FOR DEMOCRACY AND THE CONSULTING INDUSTRIAL COMPLEXES
BOTTOM LINE AND THAT'S ESPECIALLY TRUE WITH CAMPAIGN FINANCING AND ALL
THE CONGRESSIONAL MONEY THAT WILL BE COMING IN.
IN SUMMARY, I'LL BE VOTING NO ON THIS BILL. I ENCOURAGE
MY COLLEAGUES TO DO THE SAME AND THIS BILL, IN MY OPINION, VIOLATES THE
NEW YORK STATE CONSTITUTION, ROLLS BACK THE LOCAL GOVERNMENT BILL OF
RIGHTS AND IS BAD FOR DEMOCRACY.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MCGOWAN.
MR. MCGOWAN: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. MCGOWAN: THANK YOU, SIR. THANK YOU, MS.
293
NYS ASSEMBLY JUNE 8, 2023
PAULIN. I KNOW IT'S BEEN A -- A LONG NIGHT AND WE'RE PROBABLY COMING
CLOSE TO THE END HERE ON THIS BILL BUT I DO HAVE A FEW QUESTIONS AND I
THANK YOU FOR YOUR TIME.
MS. PAULIN: SURE.
MR. MCGOWAN: YOU'VE STATED MULTIPLE TIMES
TONIGHT THE GOAL HERE OF THIS LEGISLATION IS TO INCREASE VOTER TURNOUT --
MS. PAULIN: YES.
MR. MCGOWAN: -- CORRECT?
MS. PAULIN: YES.
MR. MCGOWAN: AND THE METHOD TO DO THAT, AS
PROPOSED BY THIS BILL, IS TO BASICALLY BRING ALL ELECTIONS INTO EVEN YEARS.
MS. PAULIN: YES.
MR. MCGOWAN: AND THAT WOULD INCLUDE FEDERAL
DOWN TO TOWN, VILLAGE, COUNTY, STATE ALL WITHIN POTENTIALLY THE SAME
YEAR, RIGHT?
MS. PAULIN: ULTIMATELY, YES.
MR. MCGOWAN: I'M SORRY?
MS. PAULIN: YES, YES.
MR. MCGOWAN: OKAY. YOU'VE DESCRIBED THIS SUCH
AS A MULTIPHASE PLAN, CORRECT? THIS ONE PIECE OF LEGISLATION WILL NOT
ACCOMPLISH ALL OF THAT IF IT'S PASSED INTO LAW DURING THIS SESSION,
CORRECT?
MS. PAULIN: IT WOULD DO A LOT BUT NOT ALL.
MR. MCGOWAN: OKAY. AND ONE OF THE EXCLUDED
MUNICIPALITIES ARE CITIES, CORRECT? THEY'RE NOT EFFECTED BY THIS
294
NYS ASSEMBLY JUNE 8, 2023
LEGISLATION.
MS. PAULIN: YES.
MR. MCGOWAN: AND THE REASON THAT CITIES ARE
EXCLUDED IS BECAUSE IN ORDER TO CHANGE THE -- I GUESS THE VOTING TIME OR
YEARS FOR CITIES, WOULD REQUIRE A CONSTITUTIONAL AMENDMENT.
MS. PAULIN: YES.
MR. MCGOWAN: NOW TO ENACT A CONSTITUTIONAL
AMENDMENT THERE HAS TO BE LEGISLATION THAT'S PASSED IN TWO CONSECUTIVE
TERMS.
MS. PAULIN: YES.
MR. MCGOWAN: AND THEN AFTER THAT, THE PROPOSAL
IS ON A BALLOT IN EITHER THE FOLLOWING -- YOU KNOW, THE NEXT YEAR'S
NOVEMBER ELECTION OR THE YEAR AFTER THAT, CORRECT?
MS. PAULIN: YES.
MR. MCGOWAN: SO ULTIMATELY THAT DECISION
WHETHER TO AMEND THE STATE CONSTITUTION IS LEFT TO THE VOTERS.
MS. PAULIN: YES.
MR. MCGOWAN: BUT IN ORDER TO ACCOMPLISH I
GUESS THE OVERALL GOAL THAT YOU'RE LOOKING TO ACHIEVE, UNIFORMITY ACROSS
ALL ELECTIONS IN ALL MUNICIPALITIES THROUGHOUT THE STATE, IT'S GOING TO
REQUIRE THE VOTERS PARTICIPATION, AT LEAST FOR THE CITY PORTION OF IT, RIGHT,
TO HAVE THAT AMENDMENT PASSED.
MS. PAULIN: YES.
MR. MCGOWAN: SO IT'S POSSIBLE THAT THIS IS PASSED,
PASSED INTO LAW. AND THE NEXT STEP IS TAKEN TO AMEND THE CONSTITUTION
295
NYS ASSEMBLY JUNE 8, 2023
BUT ULTIMATELY THE VOTERS REJECT THAT. THAT'S POSSIBLE, CORRECT?
MS. PAULIN: YES.
MR. MCGOWAN: SO WE WILL THEN HAVE AN
IMBALANCE, RIGHT?
MS. PAULIN: WE WILL STILL HAVE A BETTER SYSTEM
BECAUSE THESE RACES WILL STILL ALL BE ON THE EVEN YEARS.
MR. MCGOWAN: BUT ISN'T THE WHOLE -- I'M SORRY. I
DIDN'T MEAN TO CUT YOU OFF.
MS. PAULIN: NO.
MR. MCGOWAN: ISN'T THE WHOLE PURPOSE AS YOU'VE
STATED, AS WE'VE HEARD, AFTER, YOU KNOW, QUESTION, AFTER QUESTION
TONIGHT, THE WHOLE PURPOSE IS TO ALIGN ALL ELECTIONS IN THOSE EVEN YEARS,
CORRECT?
MS. PAULIN: AS MANY AS WE CAN.
MR. MCGOWAN: OKAY. BUT WE'RE NOT -- WE'RE
LEAVING A PART OF IT THAT WE DON'T HAVE CONTROL. IT'S ULTIMATELY UP TO THE
-- THE VOTERS FOR ALL CITIES, CORRECT?
MS. PAULIN: YES.
MR. MCGOWAN: WOULDN'T IT HAVE MADE, YOU
KNOW, NOT TO BE - I DON'T KNOW WHAT THE WORD WOULD BE BUT
CONSIDERING THE BILL WE PASSED LAST NIGHT, NOT TO PUT THE CART BEFORE THE
HORSE, I BELIEVE THAT WAS USED LAST NIGHT AS WELL, NOT TO PUT THE CART
BEFORE THE HORSE BUT AREN'T WE KIND OF DOING THAT HERE WHERE WE'RE
TAKING, YOU KNOW, WE'RE TALKING ABOUT EVERY MUNICIPALITY OTHER THAN
CITIES. VILLAGES, TOWNS, COUNTY ELECTIONS, WE'RE CHANGING WHEN THOSE
296
NYS ASSEMBLY JUNE 8, 2023
ELECTIONS ARE HELD, YET TO ACCOMPLISH THE OVERALL GOAL OF UNIFORMITY WE
HAVE TO WAIT FOR THE VOTERS TO DO THAT. WOULDN'T IT MAKE MORE SENSE TO
DO THAT PIECE FIRST AND THEN IF IT DOESN'T PASS THEN YOU KNOW WHAT,
MAYBE -- MAYBE THE VOTERS REJECT THIS AND IT'S NOT UP TO US. WOULDN'T
THAT MAKE A LITTLE MORE SENSE IF WE'RE TRYING TO BRING THIS UNIFORMITY
AND LEAVE IT TO THE PEOPLE TO DECIDE?
MS. PAULIN: WELL, AGAIN, WE NEED TO START
SOMEWHERE. THIS IS A BIG STEP. IT DOESN'T REQUIRE TWO YEARS AND THEN A
VOTE, IT REQUIRES JUST A VOTE ONCE, THIS HOUSE RIGHT NOW. SO TO ME IT
MADE MORE SENSE TO GO AHEAD WITH SOMETHING THAT WE COULD EXPEDITE
SOONER.
MR. MCGOWAN: OKAY, BUT YOU'RE STILL LEAVING
OPEN THE POSSIBILITY THAT WE NEVER ACHIEVE THAT UNIFORMITY.
MS. PAULIN: I -- I AGREE. AND I WOULD BE
DISAPPOINTED IF MY CITIES COULDN'T DO THAT BECAUSE I HAVE TWO OF THE
LARGEST CITIES IN THE STATE. BUT, I KNOW THAT I WOULD STILL BE
ACCOMPLISHING A GREAT DEAL WITH THIS BILL.
MR. MCGOWAN: BUT AGAIN, THOSE GOALS THAT YOU
STATED, UNIFORMITY, INCREASING VOTER TURNOUT, REDUCING COSTS. THOSE
COSTS ARE NOT REDUCED IF THERE WILL STILL BE ELECTIONS IN BOTH ODD AND
EVEN YEARS. AND THAT WILL HAPPEN IF THE VOTERS REJECT THIS CONSTITUTIONAL
AMENDMENT THAT WILL BE REQUIRED TO DO THAT. WOULD YOU AGREE WITH
THAT?
MS. PAULIN: SO THERE'S STILL GOING TO BE SOME
SAVINGS. AS I POINTED OUT EARLIER WHEN ASKED, THERE WILL STILL BE ALL OF
297
NYS ASSEMBLY JUNE 8, 2023
THE MORE CONTENTIOUS RACES, YOU KNOW, WILL POTENTIALLY -- WILL -- THE
PRIMARIES WOULD ALL BE PROBABLY MUCH MORE SO IN THE EVEN YEARS WHEN
YOU LIMIT THE NUMBER OF RACES IN THE -- IN THE ODD YEARS. SO, THERE'S
LIKELY TO BE LESS PRIMARIES BY DOING THE BILL THAT WE'RE DOING WHICH WILL
SAVE MONEY. AND IN FACT ONE OF MY COLLEAGUES FROM LONG ISLAND WAS
KIND ENOUGH TO TEXT ME. SO I THINK, I'M TRYING TO REMEMBER WHO ASKED
ME THE COST, I THINK YOU DID, IN NASSAU COUNTY IT'S $2.6 MILLION FOR A
NOVEMBER RACE. SO POTENTIALLY WE COULD BE SAVING THAT COUNTY 2.6
MILLION IF WE ALIGNED ALL OF THE RACES IN, YOU KNOW, OR WE -- FRANKLY
WE'D BE SAVING 2.6 TWICE, RIGHT, SO THAT'S A LOT OF MONEY.
MR. MCGOWAN: SO THAT'S A SPECIFIC EXAMPLE. I'M
SORRY. DID YOU SAY NASSAU COUNTY?
MS. PAULIN: NASSAU, THEY DON'T HAVE CITIES.
MR. MCGOWAN: OKAY, MY COUNTY DOESN'T EITHER.
ROCKLAND COUNTY HAS NO CITIES. SO, OTHER THAN NASSAU, THOUGH, I MEAN
WESTCHESTER --
MS. PAULIN: WE HAVE CITIES --
MR. MCGOWAN: -- WHERE YOU REPRESENT, RIGHT,
THERE'S SEVERAL CITIES IN THE -- IN THE COUNTY OF WESTCHESTER. HAS THAT
ANALYSIS BEEN DONE AS TO KNOW THAT HEY, IF THIS DOESN'T WORK OUT, THE
OVERALL GOAL IS NOT ACHIEVED AND WE CAN'T GET THE VOTERS OF THE STATE TO
PASS THIS CONSTITUTIONAL AMENDMENT AND CITIES ARE EXCLUDED FROM THIS
PLAN, HAS THAT ANALYSIS BEEN DONE TO KNOW THAT COST IF WE HAVE
BASICALLY EVERY OTHER ELECTION ON EVEN YEARS, BUT THEN THE CITIES CAN
STILL HAVE ELECTIONS ON ODD YEARS. DO WE KNOW THAT COST DIFFERENCE?
298
NYS ASSEMBLY JUNE 8, 2023
MS. PAULIN: SO I THINK THAT YOU MADE A REALLY
GOOD POINT AND THAT IS MANY COUNTIES, SINCE THE COUNTIES PAY, RIGHT,
MANY COUNTIES DON'T HAVE CITIES. SO FOR ALL THOSE COUNTIES THAT DON'T
HAVE CITIES, WE'RE ALREADY GOING TO SEE A COST-SAVINGS. SO FOR THOSE
COUNTIES THAT DON'T -- THAT HAVE CITIES LIKE WESTCHESTER, YOU KNOW, IT'S
GOING TO BE A LITTLE BIT OF A TIME, YOU KNOW, IT'S GOING TO BE MORE TIME,
RIGHT? BUT THERE WILL BE AREAS IN WESTCHESTER, FOR EXAMPLE, THAT DON'T
HAVE CITIES. SO THERE WILL BE FEWER PLACES TO PERHAPS SET UP AND, YOU
KNOW, WHERE THERE'S ONLY VILLAGES AND TOWNS. SO, BUT IN ROCKLAND YOU
PROBABLY SAVE MONEY AND, YOU KNOW, IN ANOTHER -- OTHER -- NASSAU,
SUFFOLK, WHERE THEY DON'T HAVE CITIES YOU'D SAVE MONEY.
MR. MCGOWAN: WELL, DOESN'T NASSAU HAVE TWO
CITIES?
MS. PAULIN: I DON'T DO -- DO THEY? ALL RIGHT. SO
THEY HAVE TWO CITIES.
MR. MCGOWAN: OKAY. SO NASSAU'S NOT GOING TO
BE ONE OF THOSE --
MS. PAULIN: RIGHT.
MR. MCGOWAN: -- COUNTIES THAT WOULD SAVE MONEY
UNDER THAT SCENARIO, RIGHT? AND THE COUNTY THAT YOU REPRESENT,
WESTCHESTER, WOULD ALSO NOT SAVE MONEY UNDER THAT SCENARIO WHERE IT'S
VERY POSSIBLE THAT THE VOTERS REJECT THIS BECAUSE WE DON'T KNOW,
CORRECT?
MS. PAULIN: WELL, YOU WOULD HAVE AREAS WHERE --
YOU KNOW, IN WESTCHESTER, REMEMBER, YOU HAVE AREAS THAT DON'T HAVE
299
NYS ASSEMBLY JUNE 8, 2023
CITIES IN THEM. SO, YOU KNOW, IT'S BY ELECTION DISTRICT. SO, IF YOU
HAVE -- I MEAN IT'S THE JUDGES THAT ARE GOING TO BE THE PROBLEM, RIGHT,
BECAUSE THERE'S ALWAYS JUDGES.
MR. MCGOWAN: I DON'T MEAN CUT YOU OFF BUT YOU
SAID THE COUNTIES ARE BEARING THAT COST.
MS. PAULIN: RIGHT.
MR. MCGOWAN: RIGHT? SO THE COUNTIES ARE
BEARING THAT COST. SO IF YOU HAVE ONE CITY AND THE CITIES DON'T MAKE
THIS PLAN BECAUSE THE VOTERS SAY NO TO IT, RIGHT?
MS. PAULIN: RIGHT.
MR. MCGOWAN: THAT COUNTY, INCLUDING THE COUNTY
YOU REPRESENT --
MS. PAULIN: RIGHT.
MR. MCGOWAN: -- IS GOING TO BEAR A COST THAT
PERHAPS MY COUNTY WON'T BECAUSE WE DON'T HAVE CITIES, RIGHT?
MS. PAULIN: RIGHT. SO YOU'RE VERY LUCKY, YOUR
TAXPAYERS WILL SAVE MONEY.
MR. MCGOWAN: WELL, MY QUESTION IS, THOUGH, MS.
PAULIN, IS HAVE WE DONE THIS ANALYSIS, HAVE WE -- HAVE WE FIGURED OUT
THOSE NUMBERS, THOSE FACTS AND FIGURES TO KNOW IN THAT SCENARIO AND
FRANKLY I DON'T KNOW HOW LIKELY IT IS BUT IT IS A SCENARIO. IF THAT
HAPPENS AND THE VOTERS REJECT THIS PLAN, HAS THAT ANALYSIS BEEN DONE TO
DETERMINE OKAY, WELL, HEY. WESTCHESTER IS GOING TO GET HIT WITH X
AMOUNT MORE --
MS. PAULIN: NOT MORE -- NO, NOT MORE.
300
NYS ASSEMBLY JUNE 8, 2023
REMEMBER, IF YOU'RE SAVING MONEY, IT'S NOT MORE THAT YOU'RE PAYING.
IT'S JUST THAT YOU'RE NOT ACHIEVING A -- A COST-SAVINGS.
MR. MCGOWAN: BUT, OKAY. SO ROCKLAND SAVES,
WESTCHESTER DOESN'T.
MS PAULIN: RIGHT.
MR. MCGOWAN: OKAY. HAS THAT ANALYSIS BEEN
DONE AS TO KNOW WHAT THAT DIFFERENCE IS THROUGHOUT THE STATE, IS
ULTIMATELY MY QUESTION.
MS. PAULIN: I WOULD IMAGINE THAT, YOU KNOW, IF I
WERE FROM ROCKLAND, I WOULD BE SAYING "YAY" TO THIS, RIGHT?
MR. MCGOWAN: WELL, I'M NOT SAYING "YAY" FOR
OTHER REASONS, BUT THIS IS A -- HEY, NICE BENEFITS, SO BUT OKAY. SO, SO
THAT ANALYSIS HASN'T BEEN DONE AS TO KNOW IF THAT SCENARIO PLAYS OUT
WHAT THE COST DIFFERENCE --
MS. PAULIN: NO. WHICH COUNTIES ARE GOING TO SAVE
MORE, WHICH ARE NOT, NO, NO.
MR. MCGOWAN: OKAY. IS THAT SOMETHING THAT YOU
THINK MAYBE WE SHOULD DO? AGAIN, NOT TO USE THE HORSE ANALOGY AGAIN,
BUT ON THAT IDEA OF PUTTING THE CART BEFORE THE HORSE, IS THAT SOMETHING
YOU THINK MAYBE SHOULD'VE BEEN DONE IF WE'RE TALKING ABOUT ACTUAL,
YOU KNOW, FISCAL IMPACT IS ONE OF THE REASONS THAT YOU SAID TO JUSTIFY
DOING THIS IN THE FIRST PLACE WAS SAVING MONEY.
MS. PAULIN: I THINK THAT SAVING MONEY IS
WORTHWHILE EVEN IF IT'S NOT IN MY COUNTY AND IT HAPPENS TO BE IN YOURS.
MR. MCGOWAN: OKAY. MAYBE, BUT AGAIN, NOT TO
301
NYS ASSEMBLY JUNE 8, 2023
BEAT A DEAD HORSE BUT THAT --
ACTING SPEAKER AUBRY: THAT WAS YESTERDAY.
MR. MCGOWAN: ALL RIGHT. I'M DONE. THAT WAS THE
LAST ONE, THAT WAS THE LAST ONE I PROMISE. IT'S GETTING LATE SO... BUT
AGAIN, I GUESS MY ONLY QUESTION IS, IN YOUR OPINION, DO YOU THINK THAT
THAT WOULD'VE BE A WORTHWHILE ENDEAVOR TO DO THAT ANALYSIS BEFORE WE
GOT TO THIS POINT WHERE (INAUDIBLE/CROSS-TALK) --
MS. PAULIN: I THINK IF WE WERE TALKING ABOUT
INCREASING COST, MAYBE YOU COULD ARGUE THAT, BUT NOT WHEN YOU'RE
TALKING ABOUT DECREASING. EVERYBODY IS JUST SO HAPPY EVEN IF IT'S A
LITTLE. SO I'M NOT -- NO. I DON'T THINK IF WE ANTICIPATE -- WE KNOW WHAT
AN ELECTION COSTS AND EACH COUNTY KNOWS WHAT AN ELECTION COSTS. THEY
KNOW WHAT THEY'RE SAVING IF THEY DON'T HAVE TO DO IT. AND IT COULD BE A
LOT AS WE JUST SAW WITH NASSAU COUNTY. WHEN WE BRING NASSAU
COUNTY IN LINE THEY'RE GOING TO BE SAVING A LOT OF MONEY.
MR. MCGOWAN: EXCEPT, MS. PAULIN, RESPECTFULLY,
YOU TALK ABOUT $2.6 MILLION IN SAVINGS BUT WHEN YOU THOUGHT THAT THEY
DIDN'T HAVE CITIES AND IT TURNS OUT THEY DO. SO I JUST --
MS. PAULIN: BUT -- BUT REMEMBER. MOST OF
NASSAU, NASSAU IS PRETTY BIG, I MEAN IT'S -- IT'S PRETTY BIG. SO THERE'S
GOING TO BE A LOT OF PLACES IN NASSAU THAT THEY DON'T HAVE A CITY. SO
THEY'RE NOT GOING TO HAVE TO PUT POLLING PLACES IN ALL THOSE OTHER PLACES,
JUST IN THAT AREA THAT HAS A CITY.
MR. MCGOWAN: BUT IT'S A COUNTY COST.
MS. PAULIN: IT IS STILL GOING TO COST THEM. NO, IT'S
302
NYS ASSEMBLY JUNE 8, 2023
NOT - THEY'RE GOING -- THEY'RE GOING TO SAVE A LOT OF MONEY.
MR. MCGOWAN: BUT WE'RE -- WE'RE KIND OF
GUESSING, RIGHT?
MS. PAULIN: WELL WE'RE NOT GUESSING THAT THEY'RE
GOING TO SAVE MONEY. WE'RE JUST GUESSING AS TO HOW MUCH.
MR. MCGOWAN: OKAY. I, RESPECTFULLY, I'M NOT SURE
I AGREE WITH YOU ON THAT POINT BUT I'M MOVING ON. COUNTY LEGISLATORS,
RIGHT. MY COUNTY, I WAS A FORMER COUNTY LEGISLATOR IN ROCKLAND. THE
GOAL WOULD BE TO LINE-UP IN HOWEVER IT FALLS, RIGHT? BUT IN A GIVEN
EVEN YEAR, GIVEN EVEN YEAR, PRESIDENTIAL OR GUBERNATORIAL, CONGRESS OR
SENATE AND THEN COUNTY OFFICE, RIGHT, SO COUNTY LEGISLATORS --
MS. PAULIN: RIGHT.
MR. MCGOWAN: -- WILL BE INCLUDED, ALL THE WAY
DOWN SUPERVISORS, TOWN SUPERVISORS, BOARD MEMBERS, EVERYONE
ESSENTIALLY, RIGHT --
MS. PAULIN: RIGHT.
MR. MCGOWAN: -- CLERKS, THE WHOLE THING, RIGHT?
MS. PAULIN: MM-HMM.
MR. MCGOWAN: OKAY. YOU'VE TALKED ABOUT
INCREASED NUMBERS IN THOSE EVEN YEARS WHERE WE HAVE PRESIDENTIAL
ELECTIONS, RIGHT?
MS. PAULIN: MM-HMM.
MR. MCGOWAN: AND HAVING LESS VOTER TURNOUT IN
THE ODD NUMBER YEARS WHEN IT'S JUST A LOCAL ISSUE, RIGHT?
MS. PAULIN: YES. YES.
303
NYS ASSEMBLY JUNE 8, 2023
MR. MCGOWAN: DO WE KNOW, THOUGH, IF IT'S
SAYING -- JUST USING SMALLER NUMBERS SO IT'S EASY, 25 VOTERS SHOW UP IN
AN ODD NUMBER YEAR AND THEN THE EVEN NUMBER YEAR MAYBE 100 SHOW
UP.
MS. PAULIN: RIGHT.
MR. MCGOWAN: DO WE KNOW IF THOSE 25 ARE PART
OF THAT 100 OR IS IT WELL, IF YOU BUNCH THEM ALL INTO THE SAME YEAR IT'S
ACTUALLY GOING TO BE 125; DO WE KNOW THAT?
MS. PAULIN: HAVING WALKED A LOT IN MY 23 YEARS IN
THIS JOB, I CAN TELL YOU THAT YES, USUALLY WHEN SOMEONE IS A VOTER IN THE
ODD YEAR, THEY'RE A VOTER IN THE EVEN YEAR. IT'S NOT THE OTHER WAY
AROUND.
MR. MCGOWAN: SO THAT 25 IS PROBABLY WITHIN THAT
GROUP THAT SHOWS UP --
MS. PAULIN: SO THEY'LL VOTE AND THEN THE OTHER 75
WILL VOTE.
MR. MCGOWAN: OKAY. AND WOULD YOU AGREE WITH
ME THAT PEOPLE ARE PROBABLY MORE, THE AVERAGE PERSON IS MORE
KNOWLEDGEABLE OR HAS AWARENESS OF FEDERAL ISSUES, PRESIDENTIAL
ELECTIONS, THEN PERHAPS LOCAL ISSUES AND THAT COULD BE THE REASON WHY
MORE PEOPLE SHOW UP ON A PRESIDENTIAL YEAR THAN IN A LOCAL YEAR ONLY,
CORRECT?
MS. PAULIN: IT'S POSSIBLE, I DON'T KNOW. I CAN'T GET
INTO THEIR MINDS BECAUSE I VOTE ALL THE TIME.
MR. MCGOWAN: OKAY. WELL, YOU SAID YOU'VE BEEN
304
NYS ASSEMBLY JUNE 8, 2023
AROUND -- IN 23 YEARS YOU'VE KNOCKED ON DOORS, RIGHT?
MS. PAULIN: YES.
MR. MCGOWAN: AND HAVE YOU HAD THE OCCASION TO
KNOCK ON A DOOR AND SOMEONE WANTS TO TALK TO YOU ABOUT SOMETHING
THAT YOU HAVE NO CONTROL OVER LIKE THE FEDERAL ISSUE, HAVE YOU HAD THAT
EXPERIENCE?
MS. PAULIN: I HAVE HAD THE EXPERIENCE, YES.
MR. MCGOWAN: AND THE SAME WAY, YOU KNOW,
RATHER THAN THE FEDERAL LEVEL, PERHAPS A SOLELY LOCAL ISSUE, OH, YOU'RE AN
ELECTED OFFICIAL, YOU KNOW, PEOPLE WANT TO TALK TO YOU ABOUT SOMETHING
THAT'S SOLELY BETWEEN YOUR TOWN OR VILLAGE THAT YOU DON'T NECESSARILY
HAVE CONTROL OVER. YOU'VE HAD THAT EXPERIENCE AS WELL, CORRECT?
MS. PAULIN: YES, OF COURSE.
MR. MCGOWAN: OKAY, ALL RIGHT. THANK YOU, MS.
PAULIN. I APPRECIATE YOUR TIME.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MCGOWAN: SO I LOOK AT THIS, I'VE LISTENED TO
THE DEBATE TONIGHT AND I APPRECIATE THE SPEAKER, I'M SORRY, I APPRECIATE
THE SPEAKER OF COURSE. I APPRECIATE THE SPONSOR AND HER COMMENTS AND
HER RESPONSES TO MY COLLEAGUES' QUESTIONS BUT ULTIMATELY I'M LEFT VERY
REALLY KIND OF UNSATISFIED WITH WHERE WE ARE AND WHY WE'RE HERE AT THIS
POINT WITH THIS BILL. THERE'S A LOT OF UNKNOWNS. THERE'S A LOT LEFT TO BE
DECIDED, THERE'S A LOT -- WHEN WE'RE TRYING TO ACCOMPLISH THE GOALS OF
SAVING MONEY OR REDUCING COSTS, WE DON'T REALLY HAVE A CLEAR ANSWER
305
NYS ASSEMBLY JUNE 8, 2023
ON THAT. WHEN WE'RE TALKING ABOUT UNIFORMITY ACROSS ALL ELECTIONS,
WELL, THAT'S NOT REALLY UP TO US BECAUSE TO DO THAT, TO BRING THE CITIES
INTO THIS, IT'S GOING TO REQUIRE THE VOTERS TO WEIGH IN. AND WE DON'T
KNOW HOW THAT'S GOING TO GO. AND THAT'S ALSO A FEW YEARS DOWN THE
LINE BECAUSE OF THE PROCESS REQUIRED IN ORDER TO PASS A CONSTITUTIONAL
AMENDMENT. SO TO ME THERE'S A LOT OF UNKNOWNS AND RESPECTFULLY I'LL
BE IN THE NEGATIVE ON THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ACTING SPEAKER AUBRY: I'M REMINDED THAT
YOU ARE THE LAST TO SPEAK ON THIS ITEM.
MR. GOODELL: LOOK AT THAT BIG GRIN ON MS.
PAULIN'S FACE.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THE REAL ISSUE ON THIS BILL, IN MY
OPINION, IS A TOTAL LACK OF RESPECT FOR OUR LOCAL OFFICIALS. THIS CHANGE
IN THE ELECTION SCHEDULE DOESN'T AFFECT A SINGLE ONE OF US. WE'RE
ALREADY ELECTED ON -- ON EVEN YEARS. IT DOESN'T AFFECT US AT ALL, DOES IT?
IT DOESN'T AFFECT THE SENATORS. IT DOESN'T AFFECT ANY STATEWIDE ELECTED
OFFICIAL. SO THIS IS A BILL THAT ONLY AFFECTS LOCAL GOVERNMENT. AND
EVERY ONE OF US I HOPE KNOWS THAT LOCAL GOVERNMENT HAS THE POWER
ALREADY TO CHANGE THEIR SCHEDULE AND THEY HAVEN'T. WE WERE TOLD
TONIGHT THAT WE WERE NOT ASKED BY COUNTY GOVERNMENTS TO OVERRIDE
306
NYS ASSEMBLY JUNE 8, 2023
THEIR LOCAL CONTROL AND CHANGE THEIR SCHEDULE, WE WERE TOLD THAT. AND
WE WERE TOLD WE WERE NOT ASKED BY THE TOWN SUPERVISORS OR THEIR
ASSOCIATION TO OVERRIDE THEIR GOVERNMENT AND MANDATE A DIFFERENT
SCHEDULE. AND WE WEREN'T TOLD BY THE HIGHWAY SUPERINTENDENTS
ASSOCIATION THAT THEY WANTED TO BE ELECTED IN A DIFFERENT SCHEDULE. IN
FACT, WE HAVEN'T BEEN ASKED BY ANY LOCAL OFFICIALS, AS FAR AS I KNOW, FOR
US TO DICTATE TO THEM WHEN THEY SHOULD RUN FOR OFFICE. SO IF NO ONE ON
THE LOCAL LEVEL, NOT OUR COUNTY EXECUTIVES, NOT OUR COUNTY LEGISLATORS,
NOT OUR TOWN SUPERVISORS, NOT OUR TOWN COUNCIL MEMBERS, NO ONE ON
THE LOCAL LEVEL IS ASKING US TO CHANGE OUR ELECTION SCHEDULE, WHY DO WE
FEEL COMPELLED TO IGNORE THEIR WISHES AND IMPOSE A SCHEDULE ON THEM
THAT THEY DON'T WANT? WHY? NOW WE KNOW IT'S NOT GOING TO ELIMINATE
THE ELECTIONS IN THE OPPOSITE YEAR BECAUSE JUDGES AND COUNTY CLERKS
AND SHERIFFS AND DAS ARE STILL RUNNING AND CITY PEOPLE ARE STILL RUNNING
SO WE'RE NOT ELIMINATING ANY ELECTION CYCLE. WE KNOW THAT. WE'RE TOLD
THAT. IT'S NOT AN ISSUE. SO IF WE DON'T HAVE A PROMISE THAT HAS BEEN
BROUGHT TO OUR ATTENTION BY THE LOCAL OFFICIALS AND THE LOCAL OFFICIALS
DON'T NEED US TO ACT BECAUSE THEY ALREADY HAVE THE AUTHORITY TO DO IT ON
THEIR OWN AND WE'RE NOT ELIMINATING ANY ELECTION CYCLES, WHY ARE WE
SPENDING FOUR-AND-A-HALF HOURS ON THIS DEBATE? WHY ARE WE DOING IT?
WOULDN'T OUR TIME BE BETTER SPENT FOCUSING ON HOW WE CAN ADDRESS
PROBLEMS THAT ARE BROUGHT TO OUR ATTENTION BY LOCAL OFFICIALS RATHER THAN
SHOVING OUR WILL DOWN THEIR THROATS? I THINK WE NEED TO RESPECT OUR
LOCAL OFFICIALS, I THINK WE NEED A LITTLE BIT OF HUMILITY. I'D HATE TO GO
BACK AND ACTUALLY LOOK AT THE LANGUAGE OF THE BILL AFTER FOUR HOURS OF
307
NYS ASSEMBLY JUNE 8, 2023
DEBATE. BUT I WILL POINT OUT, THAT UNDER THIS BILL, PEOPLE WHO RUN THIS
YEAR, THIS YEAR, UNDER THIS BILL FOR A TWO-YEAR TERM, THOSE FOLKS WILL
HAVE TO RUN AGAIN NEXT YEAR. THAT'S WHAT THIS BILL LANGUAGE SAYS. SO
WHEN YOU GO HOME, AND I HOPE ALL OF YOU REGULARLY MEET WITH YOUR
MAYORS AND SUPERVISORS AND YOUR -- YOUR TOWN BOARDS AND YOUR COUNTY
LEGISLATORS, LET THEM KNOW THAT ALL OF THEM THAT ARE RUNNING THIS YEAR FOR
A TWO-YEAR TERM ARE GOING TO BE RUNNING NEXT YEAR. AND LET THEM KNOW
THAT THEY'RE GOING TO RUN BACK-TO-BACK ELECTIONS OVER THEIR OBJECTIONS
BECAUSE WE'RE SHOVING IT DOWN THEIR THROAT. WE DON'T NEED TO DO THIS,
NOR SHOULD WE. AND FOR THAT REASON I WON'T BE SUPPORTING IT. AND I
RECOMMEND THAT ALL OF US RESPECT ONE OF THE MOST IMPORTANT THINGS FOR
ALL OF OUR ELECTED OFFICIALS WHICH IS THEIR OWN ELECTION AND THEIR OWN
ELECTION SCHEDULE, BECAUSE WHEN THEY FIND OUT THAT YOU EXERCISED YOUR
AUTHORITY WITHOUT THEIR CONSENT AND WITHOUT THEIR REQUEST AND WITHOUT
THEIR PERMISSION THEY WILL UNDERSTANDABLY AND CORRECTLY BE UPSET. AND
FOR THAT REASON I'M VOTING NO AND I'D RECOMMEND, OUT OF A SENSE OF
HUMILITY AND RESPECT, THAT WE LET THEM DECIDE FOR THEMSELVES THEIR
SCHEDULE FOR THEIR ELECTION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK -- A PARTY
VOTE HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS OPPOSED TO THIS LEGISLATION. IF THERE'S
308
NYS ASSEMBLY JUNE 8, 2023
SOMEONE WHO WANTS TO VOTE FOR IT, THEY CAN CERTAINLY DO SO HERE ON THE
FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY DEMOCRATIC CONFERENCE IS GENERALLY GONNA BE
IN FAVOR OF THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME OF US
WHO WOULD DESIRE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO DO SO AT
THEIR SEAT.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. PIROZZOLO.
MR. PIROZZOLO: THANK YOU, MR. SPEAKER. I
WOULD LIKE AN OPPORTUNITY TO EXPLAIN MY VOTE. SO, THERE'S A LOT OF
CONFLICTING INFORMATION THAT WE HEARD HERE, AND ACTUALLY JUST BETWEEN
THE LAST DIALOGUE BETWEEN OUR FELLOW MEMBERS. SO, WE'RE TOLD THAT THIS
IS TO INCREASE PARTICIPATION, YET NOTHING EXTRA'S BEEN PURCHASED, BUT IT'S
REALLY NOT TO INCREASE PARTICIPATION, IT'S TO INCREASE PARTICIPATION IN
LOCAL VOTES THAT WILL BE -- ON LOCAL ELECTIONS THAT WILL BE HELD ON THIS
DAY. SO I THINK THAT HAS KIND OF GONE BACK AND FORTH. I DO TAKE
EXCEPTION TO THE FACT THAT WE KEEP ASKING HOW MUCH, HOW MUCH, HOW
MUCH, WE DON'T GET AN ANSWER, WE DON'T GET AN ANSWER. THE DEBATE IS
PRETTY MUCH OVER AND I GET AN ANSWER OF $2.6 MILLION. WELL, SO MANY
OTHER THINGS ARE FULL OF HOLES. I BELIEVE THIS $2.6 MILLION IS PROBABLY
309
NYS ASSEMBLY JUNE 8, 2023
FULL OF HOLES, TOO, AND THE USEFULNESS OF THIS $2.6 MILLION AT THIS POINT
IN THE GAME IS NOT VERY USEFUL TO ME BECAUSE I CERTAINLY DON'T HAVE AN
OPPORTUNITY TO SPEAK ABOUT IT.
MY COLLEAGUES ARE VERY UPSET BECAUSE THEY FEEL THAT
THEIR LOCAL ELECTIONS CAN BE SKEWED, AND IT'S NOT WHAT THEY WANT TO DO
AS FAR AS WHAT THEIR VILLAGES AND THEIR TOWNS ARE DOING, AND THEY FEEL
THAT WE'RE STEPPING ON THEM BY DOING THIS AND THAT IT MIGHT GREATLY
AFFECT THE AMOUNT OF REPRESENTATIVES THAT WE HAVE HERE FROM THEIR
VILLAGES AND TOWNS. I THINK WE NEED TO RESPECT THEM. THE CITY IS NOT
DOING THIS BECAUSE IT'S PROBABLY TOO BIG, SO WE ARE EXERCISING OUR
MUSCLE, WE'RE FLEXING OUR MUSCLE BY PUTTING IT ON THE NECKS OF -- OF THE
UPSTATE AND THE LONG ISLAND REPRESENTATIVES.
SO I STAND WITH THEM IF THEY'RE UNHAPPY WITH THIS, AND
I THINK IT'S A BAD IDEA. AND AS I SAID BEFORE, I'M NOT GOING TO ASK MY
COLLEAGUES ON THE OTHER SIDE OF THE AISLE BECAUSE SO FEW OF THEM ARE
HERE -- ARE NOT HERE. THE ONES THAT ARE HERE ARE PROBABLY NOT LISTENING
TO WHAT I HAVE TO SAY, AND - AND I FEEL THAT THE -- THE CAKE IS ALREADY
BAKED, WE ALREADY KNOW WHAT THE OUTCOME IS --
ACTING SPEAKER AUBRY: SO MR. PIROZZOLO, WE
EARLIER TALKED ABOUT NOT CHARACTERIZING WHAT OTHER PEOPLE ARE DOING.
YOU'RE SPEAKING TO YOUR POSITION ON THE BILL, RIGHT? IT WAS SOMETHING
YOUR SIDE REQUESTED AND REMINDED US.
MR. PIROZZOLO: I (INAUDIBLE) AND I DO APOLOGIZE.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH. GO AHEAD.
310
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: WELL ANYWAY, I'M -- I'M VOTING IN
THE NEGATIVE AND I WILL TRY NOT TO LET THAT HAPPEN AGAIN. I APOLOGIZE TO
MY COLLEAGUES.
ACTING SPEAKER AUBRY: MR. SLATER TO EXPLAIN
HIS VOTE.
MR. SLATER: WELL, THANK YOU, MR. SPEAKER. NOW
THAT WE'RE ALL WARMED UP, I FIGURED I'D ALSO EXPLAIN MY VOTE. YOU
KNOW, DURING THE QUESTIONING OF THE DEBATE, THE SPONSOR -- WHO I TRULY
APPRECIATE TAKING SO MUCH TIME AND RESPECT HER FOR SPENDING SO MUCH
TIME ON THIS ISSUE -- SAID SHE HAD NOT RECEIVED ANY MEMOS FROM LOCAL
MUNICIPALITIES OR COUNTIES ASKING FOR THIS TO BE DONE. IT'S IRONIC,
BECAUSE SINCE SITTING HERE TODAY, I'VE BEEN SENT CORRESPONDENCE FROM A
MULTITUDE OF TOWNS AND MUNICIPALITIES IN WESTCHESTER COUNTY AND
PUTNAM COUNTY, REPUBLICANS AND DEMOCRATS, WHO ARE ALL OPPOSING
THIS VERY LAW. THEY RECOGNIZE THE TREMENDOUS IMPACT IT'LL HAVE ON
LOCAL ISSUES, AND ONE EVEN SAYS, ONE OF THE BEST THINGS ABOUT -- ONE OF
THE BEST THINGS ABOUT LOCAL POLITICS IS THAT THEY ARE NOT IN PRESIDENTIAL
ELECTION YEARS. THIS ALLOWS THE DISCUSSION OF LOCAL ISSUES WITHOUT
DRAGGING INTO NATIONAL ISSUES.
MY BIGGEST CONCERN IS THAT THIS IS JUST ANOTHER CHAPTER
OF THE CONTINUED STORY OF ALBANY. WE'RE MASKING POLITICAL ACTION AS
POOR PUBLIC POLICY. IF WE WANT TO MAKE CHANGES ON THE LOCAL LEVEL,
THEN I ENCOURAGE MY COLLEAGUES HERE, THEN GO RUN FOR OFFICE ON THE
LOCAL LEVEL. BUT TO SIT HERE AND STRIP LOCAL CONTROL AWAY WITHOUT EVEN
HAVING A PROPER DISCUSSION IN COLLABORATION WITH OUR COLLEAGUES ON THE
311
NYS ASSEMBLY JUNE 8, 2023
LOCAL LEVEL IS WRONG.
I'LL BE VOTING IN THE NEGATIVE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MAHER.
MR. MAHER: THANK YOU, MR. SPEAKER. MY
COLLEAGUE, MR. GOODELL, HAD A GREAT POINT AND THAT WAS TO ENSURE AND
RESPECT THE VOICES OF OUR LOCAL OFFICIALS. SO WITH THAT SAID, I GOT A
NUMBER, DOZENS OF LOCAL OFFICIALS AND BOARD OF ELECTIONS EMPLOYEES
THAT REACHED OUT TO ME, SO I WANTED TO SPEAK ON A FEW OF THEIR POINTS
THAT THEY WERE MAKING AND GIVE THEM THIS TIME.
THE FIRST IS A BOARD OF ELECTIONS COMMISSIONER FROM
ORANGE COUNTY, AND ONE THOUGHT THAT -- ONE SPECIFIC STATEMENT THAT SHE
HAD WAS THAT THIS IS NOT PRACTICAL FROM AN ELECTIONS STANDPOINT IN
OPERATIONS. THAT'S COMING FROM THE PEOPLE THAT DO THIS EVERY DAY.
AND THE ULSTER COUNTY BOARD OF ELECTIONS COMMISSIONER SAYS IT'S
GOING TO MAKE IT HARDER, NOT EASIER, TO GET ELECTION INSPECTORS, AND
AGAIN, SOME CONFUSION AS TO HOW THIS BILL WILL -- THE BALLOT WILL EVEN
LOOK. ONE AREA IN ULSTER COUNTY IS A -- IS A -- ULSTER COUNTY
LEGISLATIVE MAJORITY LEADER, LOCAL ELECTIONS MATTER. THERE IS NOT A
REPUBLICAN OR DEMOCRAT WAY TO PAVE ROADS OR CLOSE -- PLOW SNOW.
MOVING LOCAL ELECTIONS TO EVEN-NUMBERED YEARS WILL INCREASE
PARTISANSHIP OF LOCAL ELECTIONS. AND ANOTHER FROM A TOWN SUPERVISOR,
OUR SMALL TOWNS AND OUR LOCAL ISSUES ARE GOING TO BE LOST IN THE SHUFFLE
IF THIS BILL IS PASSED. THINK ABOUT ALL THE CONGRESSIONAL AND STATE
312
NYS ASSEMBLY JUNE 8, 2023
CANDIDATES' LAWN SIGNS ON TOP OF THE LOCAL CANDIDATES' LAWN SIGNS AND
MAIL AND PHONE CALLS. OUR VOICES ARE IMPORTANT, AND TO TRY TO
MINIMIZE LOCAL GOVERNMENT IN THIS WAY IS UNCONSCIONABLE.
I JUST WANT TO ADD THAT ALTHOUGH THIS IS ALL VERY
POINTED, I DO WANT TO SAY THANK YOU AND APPRECIATE THE SPONSOR FOR
SPENDING SO MUCH TIME ON HER FEET ANSWERING ALL OF OUR QUESTIONS.
I WILL BE VOTING IN THE NEGATIVE, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. BEEPHAN.
MR. BEEPHAN: THANK YOU, MR. SPEAKER. I HAVE
HAD THE PRIVILEGE, LIKE MANY OF YOU HERE IN THIS ROOM, TO SERVE ON A
LOCAL LEVEL OF GOVERNMENT. THAT GAVE ME THE OPPORTUNITY DURING OUR
DOOR-TO-DOOR INITIATIVES TO TALK ABOUT KEY ISSUES THAT IMPACTED MY
COMMUNITY, LIKE INFRASTRUCTURE, ROADWAY IMPROVEMENTS, ECONOMIC
DEVELOPMENT, THE FACT THAT PEOPLE WANT MORE THAN JUST A CHINESE
RESTAURANT IN OUR TOWN. BUT THESE ARE ALL THINGS THAT IMPACT THE LOCAL
TOWNS. AND AFTER RUNNING FOR STATE OFFICE LAST YEAR, THE CONVERSATIONS
ARE DIFFERENT BEING ON A MIDTERM YEAR OR A PRESIDENTIAL YEAR. PEOPLE
ARE ASKING YOUR VIEWS ON WHO YOU'RE GONNA VOTE FOR FOR THE PRESIDENT,
PEOPLE ARE DISTRACTED AWAY FROM THE MAIN FOCUS OF YOUR LOCAL
MUNICIPALITIES. I SPOKE TO ALL NINE OF MY TOWNS TODAY AND ASKED THEM
WHAT THEY THOUGHT ABOUT THIS BILL, INCLUDING MY COUNTY GOVERNMENT,
AND ALL OF THEM ARE OPPOSED. YOU KNOW, THERE'S NO HOME RULE ON THAT
BOARD. AND LIKE THE SPONSOR MENTIONED, THERE WAS NO SUPPORT LETTER
FROM ANY MUNICIPALITIES ASKING FOR THIS.
313
NYS ASSEMBLY JUNE 8, 2023
AND WITH THAT, I CAN'T SUPPORT A BILL THAT MY OWN
MUNICIPALITIES CAN'T SUPPORT, EITHER. I ASK THAT NEW YORK STATE LEAVE
THE LOCAL MUNICIPALITIES AS IT IS, IT IS WHAT'S BEST FOR OUR COMMUNITIES.
MR. SPEAKER, I'LL BE VOTING IN THE NEGATIVE.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. GIGLIO: SO, I'M NOT SURE WHY THIS IS BEING
RUSHED THROUGH TWO DAYS BEFORE THE END OF SESSION. IN THIS CHAMBER
EVERY DAY, OR ONE DAY BEFORE THE END OF SESSION BECAUSE TOMORROW IS
OUR LAST DAY, SO IT'S -- YOU KNOW, WE STUDY EVERYTHING, WE TALK ABOUT
HEALTH EMERGENCIES AND HOW WE HAVE TO BE PREPARED, WE HAVE TO BE
READY. WE HAVE TO MAKE SURE OUR HOSPITALS HAVE THE PROPER PPE, GOD
FORBID WE HAVE ANOTHER EVENT LIKE COVID. WE HAVE TO, YOU KNOW, BE
PREPARED, HAVE VACCINE REGISTRIES. WE HAVE TO KNOW WHAT'S HAPPENING
OUT THERE. BUT WITH OUR ELECTIONS WE'RE TAKING A WAIT AND SEE ATTITUDE?
THE BOARD OF ELECTIONS IS GOING TO HAVE EXTRA BALLOTS, THEY'RE GOING TO
NEED EXTRA BOOTHS FOR VOTERS, THEY'RE GOING TO NEED EXTRA PEOPLE AND
THEY'RE ALREADY HAVING PROBLEMS AS IT IS, TRYING TO FILL THE POLLING PLACES
WITH WORKERS TO ACCOMMODATE THE PEOPLE. THE POST OFFICES ARE GOING
TO BE INUNDATED. I DON'T KNOW ABOUT ANY OF YOU, BUT I HAVE A P.O. BOX,
AND EVERY SINGLE TIME DURING ELECTION YEAR, YOU SEE ALL THE CAMPAIGN
LITERATURE IN THE GARBAGE. BUT AT LEAST NOW OUR CAMPAIGN LITERATURE WILL
314
NYS ASSEMBLY JUNE 8, 2023
SAY THAT IT MUST BE RECYCLED, SO IT'LL GO INTO THE RIGHT BIN, HOPEFULLY.
HOMEOWNERS ARE GOING TO BE INUNDATED WITH
COMMITTEE MEMBERS ASKING THEM TO SIGN PAGES AND PAGES AND PAGES OF
PETITIONS WITH MANY CANDIDATES, AND THEN KNOCKING ON DOORS, MANY --
AND ALL THE CANDIDATES KNOCKING ON PEOPLE'S DOORS ASKING FOR THEIR
ATTENTION ON THE ISSUES THAT THEY THINK ARE MOST IMPORTANT TO THEIR
CONSTITUENTS.
YOU KNOW, WE TALK ABOUT LOCAL CONTROL. WE -- WE
ADOPTED A BILL TWO DAYS AGO THAT SAID THAT LOCALITIES SHOULD HAVE
CONTROL AS TO WHETHER OR NOT PESTICIDES ARE SPRAYED IN THEIR FRESHWATER
WETLANDS. WE CONSTANTLY SHIFT FROM THE STATE AND GIVE POWER BACK TO
THE LOCAL GOVERNMENTS, AND IN THIS CASE WE'RE TAKING THE POWER AWAY.
WE -- WE TALK ABOUT OFTEN ABOUT THE OUTCOMES OF ELECTIONS AND HOW
IMPORTANT IT IS TO GET PEOPLE OUT TO VOTE. IF WE CARE ABOUT OUTCOMES OF
ELECTIONS, WE SHOULD TAKE TIME TO PLAN PROPERLY AND BE READY.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER, TO EXPLAIN
MY VOTE. FIRST, I JUST WANT TO SAY THANK YOU TO MY COLLEAGUES ON OUR
SIDE OF THE AISLE FOR THE WONDERFUL JOB YOU DID TONIGHT DEBATING THIS
BILL, POINTING OUT THE PROBLEMS IN THIS MISGUIDED LEGISLATION. I FIGURED
I'D ALSO GIVE YOU GUYS A BREAK FROM LISTENING TO ME FOR ASKING A BUNCH
OF QUESTIONS FOR AWHILE. ALSO, I KNOW THE -- I HAVE GREAT RESPECT FOR
THE SPONSOR, BUT VEHEMENTLY DISAGREE WITH HER ON THIS LEGISLATION.
315
NYS ASSEMBLY JUNE 8, 2023
FROM MY PERSPECTIVE, THIS IS PURELY A POLITICAL POWER GRAB OF ONE-PARTY
RULE. I BELIEVE IT'S NOT -- IT'S NOT ABOUT INCREASING VOTER PARTICIPATION,
BUT WE ALL KNOW THAT. THIS IS A VIOLATION OF THE CONSTITUTION, FROM MY
PERSPECTIVE, A VIOLATION OF A HOME RULE AUTHORITY AND THE ABILITY FOR
LOCAL GOVERNMENTS TO MAKE DECISIONS ON HOW TO HANDLE THEIR LOCAL
ELECTIONS. BUT THIS IS JUST PAR FOR THE COURSE WHERE THE STATE SAYS THEY
KNOW BEST. THEY DID IT WHEN THEY TOOK AWAY LOCAL CONTROL FROM LOCAL
GOVERNMENTS DEALING WITH THE SITING OF RENEWABLE ENERGY PROJECTS, AT
THE SAME TIME CHANGING THE ASSESSMENT MODEL THAT HURT LOCAL
GOVERNMENTS AND LOCAL TAXPAYERS. YOU KNOW, THERE WAS AN EFFORT TO DO
THIS WITH HOUSING. NOW, HERE WE DO IT WITH LOCAL CONTROL OF ELECTIONS
FOR POLITICAL PURPOSES, IS ALL. WE ALL KNOW IT SO DON'T KID YOURSELF.
YOU KNOW, DURING THE DEBATE I HEARD THE SPONSOR SAY
THE LOCALS HAVE -- HAVEN'T MOVED ON THIS, SO WE BASICALLY NEED TO MOVE
FOR THEM. LOCALS DON'T WANT IT, THAT'S WHY THEY HAVEN'T MOVED ON IT. I
ALSO HEARD THE SPONSOR SAY WE'RE A REPRESENTATIVE FORM OF GOVERNMENT;
YES, WE ARE. BUT THIS IS NOT WHAT REPRESENTING WHAT LOCALS WANT, THIS IS
DICTATED TO LOCALS WHAT YOU WANT AND WHAT ONE-PARTY CONTROL IN ALBANY
WANTS. I BELIEVE IT'S AN ABUSE OF POWER AND IT'S WRONG.
I ALSO HEARD THE -- THE SPONSOR SAY THEY HAVE FAITH IN
THE VOTERS. BUT BEFORE THAT DURING THE DEBATE, I HEARD COMMENTS
SAYING VOTERS DON'T KNOW ABOUT THEIR LOCAL ELECTIONS BECAUSE THEY DON'T
PARTICIPATE. I JUST THINK THAT'S WRONG. THIS IS GOING TO LEAD TO VOTER
CONFUSION, IT'S GOING TO BE A STRESS ON OUR LOCAL BOARDS OF ELECTIONS.
IT'S NOT GONNA TO SAVE COSTS, IT'S GONNA END UP BEING AN UNFUNDED
316
NYS ASSEMBLY JUNE 8, 2023
MANDATE FOR LOCAL GOVERNMENTS. NOW LOCAL ELECTIONS ARE GOING TO GET
CAUGHT UP IN NATIONAL ISSUES, WHICH THEY DON'T WANT. THAT'S WHY THEY
HAVE LOCAL ELECTIONS THAT SEPARATE THEMSELVES FROM THE NATIONAL
POLITICS, NOW THEY'RE GONNA BE CAUGHT UP WITH ALL THAT. THAT'S NOT WHAT
THEY WANT. AND IT'S QUITE CONVENIENT HOW THIS BILL EXEMPTS NEW YORK
CITY AND OTHER CITIES. IT'S WRONG AND I JUST THINK THIS IS A SAD DAY IN
THIS CHAMBER IN HOW WE'RE MOVING FORWARD ON THIS LEGISLATION.
I VOTE NO.
ACTING SPEAKER SHIMSKY: MR. LAVINE.
MR. LAVINE: THANKS. I -- I WANT TO TAKE AN
OPPORTUNITY TO THANK THE SPONSOR FOR PUSHING FOR THIS BILL, FIGHTING FOR
THIS BILL, AND HANDLING A LOT OF QUESTIONS. AND I GET TO SIT BEHIND THE
SPONSOR AND I WAS TRYING TO UNDERSTAND SOME OF THESE QUESTIONS AND
SOME OF THEM WERE BEYOND ME.
I COME OUT OF LOCAL GOVERNMENT. I WAS ON MY CITY
COUNCIL, I WAS ATTORNEY FOR THE CITY, ATTORNEY FOR AN IDA, A CDA. I
TRUST THE VOTERS. WHAT I HAVE HEARD THAT TROUBLES ME DURING THE COURSE
OF THIS DISCUSSION IS THERE'S A CERTAIN CONTEMPT FOR THE CAPACITY AND THE
ABILITY OF THE VOTERS TO KNOW WHAT'S GOING ON. AND I ALMOST SENSE THAT
THERE'S MORE COMPASSION FOR SOME PEOPLE ABOUT THOSE ELECTED IN LOCAL
GOVERNMENT THAN THERE IS SYMPATHY OR CONCERN FROM THE ACTUAL
CITIZENS. I TRUST THE VOTERS. AND I ALSO THINK THAT ANYTHING WE CAN DO
TO MAKE IT EASIER FOR OUR CITIZENS TO VOTE, THE BETTER OFF WE WILL ALL BE.
AND THAT'S SIMPLY WHAT THIS BILL DOES.
I'M VERY HAPPY TO VOTE IN THE AFFIRMATIVE. AND ALSO,
317
NYS ASSEMBLY JUNE 8, 2023
JUST BY THE WAY, IF MY MEMORY SERVES ME CORRECT FROM WHEN I WAS
CHAIR OF THE ELECTIONS LAW COMMITTEE, I THINK A STATEWIDE ELECTION IS
A WHOLE LOT MORE THAN $2.5 MILLION, AND YOU CAN MULTIPLY BY THAT MANY
MULTIPLIERS. A STATEWIDE ELECTION HAS GOT TO RUN SOMEWHERE TODAY AND
-- TO AT LEAST $40 MILLION, IF NOT MORE. SO IN THE END WE WILL SAVE
MONEY FOR THE TAXPAYERS AND WE WILL SIMPLY MAKE IT EASIER FOR THE
PEOPLE WHO COUNT, THE VOTERS, TO GO TO THE POLLS AND CAST THEIR BALLOTS.
I'M VERY HAPPY TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER SHIMSKY: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. SO, THERE'S
BEEN A LOT OF TALK ABOUT SAVING MONEY, AND -- AND I'M GLAD THE RECORD
WAS CORRECTED EARLIER, WE DO HAVE TWO CITIES IN -- IN NASSAU COUNTY.
WE HAVE THE CITY OF LONG BEACH AND THE CITY OF GLEN COVE. SO THOSE
WILL OBVIOUSLY BE ELECTIONS THAT WILL HAVE TO BE CONDUCTED BY OUR
BOARD OF ELECTIONS. BUT OVERALL ON THE CONCEPT OF SAVING MONEY,
WE'VE ALREADY SAID, RIGHT, THERE'S THE CONSTITUTIONAL OFFICERS THAT WILL
STILL BE UP FOR ELECTION. THERE ARE JUDICIAL CANDIDATES THAT WILL STILL BE
UP FOR ELECTION. SO ALL THESE ELECTIONS WILL STILL NEED TO BE RUN. ARE WE
TALKING ABOUT REDUCING THE NEED FOR EARLY VOTING DAYS IN THOSE -- IN
THOSE OFF YEARS, OR LESS POLLING PLACES OR ANYTHING? NO. THE COST WILL
BE EXACTLY THE SAME. IT'S NOT GONNA SAVE ANY MONEY. AND WE KNOW
THAT IF THEY HAVE TO INCREASE THEIR CAPACITY BECAUSE OF THE AMOUNT OF
THINGS ON THE BALLOT, THE POTENTIAL FOR NEW -- NEW TYPES OF BALLOTS, I
CAN'T IMAGINE SOMETHING MORE CONFUSING THAN SOMEBODY HANDING THEM
TWO PAGES OF A BALLOT? THEY'RE GOING TO GET CONFUSED AS ALL HECK.
318
NYS ASSEMBLY JUNE 8, 2023
THEY'RE GOING TO SAY, OH, YOU GAVE ME TWO. THEY'RE GONNA LEAVE -- I
MEAN, IT -- IT IS NOT GONNA BE GOOD FOR -- FOR VOTERS IN TERMS OF THEIR
CONFUSION AND THEIR UNDERSTANDING OF WHAT THEY'RE VOTING FOR. AND LIKE
WE SAID EARLIER, THE LOCAL ISSUES ARE GOING TO GET SWALLOWED WHOLE.
LASTLY, I WANT TO SAY, AND MY COLLEAGUE SAID IT AS WELL,
WHAT MESSAGE DOES THIS CHAMBER CONTINUE TO SEND TO OUR COUNTIES AND
LOCAL GOVERNMENTS? WE WANT TO TAKE AWAY YOUR ZONING CONTROL. WE
WANT TO TAKE AWAY MEDICAID FUNDS FROM YOU. WE WANT TO TAKE AWAY
YOUR -- YOUR -- YOUR ABILITY TO CONTROL WHEN YOUR ELECTIONS ARE
HAPPENING. THE MESSAGE IS NEW YORK STATE WANTS TO CONTROL
EVERYTHING AND TELL YOU WHAT TO DO. AND I'M TELLING YOU, I HEAR FROM
MY CONSTITUENTS ALL THE TIME, THEY'RE TIRED OF NEW YORK STATE TELLING
THEM WHAT TO DO.
I VOTE IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER SHIMSKY: MR. ANGELINO.
MR. ANGELINO: MADAM SPEAKER, MADAM
SPEAKER, I RISE TO MY EXPLAIN MY VOTE. ON BEHALF OF THE PRESIDENT OF
THE NEW YORK ASSOCIATION OF CLERKS OF COUNTY LEGISLATURES, WHO ARE
NOT IN FAVOR OF THIS BILL, THEY ASKED THAT THEY BE INCLUDED IN DISCUSSIONS
ON HOW TO GET BETTER GET VOTER TURNOUT. THEY DO NOT FEEL THIS IS THE
WAY. AND ON THEIR BEHALF, AND ON MY OWN, I WILL BE VOTING IN THE
NEGATIVE.
ACTING SPEAKER SHIMSKY: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
319
NYS ASSEMBLY JUNE 8, 2023
SPEAKER. AS A FORMER COUNTY LEGISLATOR, I -- I DO UNDERSTAND WHAT IT
MEANS TO SERVE IN LOCAL GOVERNMENT. AND, IN FACT, WHEN I WAS SERVING
THERE WERE CLEARLY MORE DEMOCRATS ELECTED THAN THERE WERE
REPUBLICANS. AND SO I WAS THE MAJORITY LEADER. WELL, WHAT WE DIDN'T
HAVE CONTROL OF WAS THE COURTS. AND OUR COLLEAGUES ON THE OTHER SIDE
OF THE AISLE DECIDED TO CHALLENGE THEIR OPPORTUNITY TO SAY THAT THEY
SHOULD HAVE MORE WEIGHTED VOTE BECAUSE OF GEOGRAPHY, NOT FROM
NUMBERS OF PEOPLE, BUT THE SIZE OF LAND. THEY WON THAT IN COURT. THEY
BECAME THE MAJORITY, JUST LIKE THAT.
NOW, I'M NOT SUGGESTING THAT THIS EVER JUSTIFIED TO USE
POLITICAL MANEUVERING TO PUT YOURSELVES INTO A POSITION. I THINK WHAT
HAS BEEN DESCRIBED HERE BEFORE US TODAY IS A FAIR OPPORTUNITY TO MOVE
FORWARD A POSITIVE DIRECTION TOWARDS ELECTIONS. BUT I DON'T WANT
PEOPLE TO ASSUME THAT SOME PARTIES HAVE A DESIRE TO TAKE SOME
AUTHORITY THAT OTHERS DON'T WHEN THEY THINK THEY CAN. I WANT TO ALSO
REMIND, YOU KNOW, WE TALKED A LOT TODAY ABOUT LETTING PEOPLE MAKE
THEIR OWN DECISIONS. THERE'S ONE DECISION THAT HALF OF THE PEOPLE WILL
NOT -- MAYBE NOT HALF, BUT A FEW PEOPLE IN THIS ROOM ARE CONSISTENTLY
DESIGN -- DENYING PEOPLE THE OPPORTUNITY TO HAVE. IT'S OKAY TO ALLOW
EVERYBODY ELSE TO HAVE THE CHOICE THEY WANT EXCEPT WOMEN CANNOT
HAVE A CHOICE OVER THEIR BODY. AND SO DON'T ACT LIKE IT'S OKAY THAT
EVERYBODY SHOULD HAVE A CHOICE TO DO WHAT THEY WANT TO DO IN THEIR
COMMUNITY, TO MAKE DECISIONS ABOUT THEIR OWN SELVES, BUT WHEN IT
COMES TO WOMEN MAKING A DECISION WITH HER AND HER DOCTOR ON THE
CONDITION OF HER BODY, WE WANT TO SAY NO TO THAT.
320
NYS ASSEMBLY JUNE 8, 2023
SO LET'S BE CLEAR, THERE ARE ALWAYS CHOICES IN LIFE.
TODAY, WE ARE MAKING A CHOICE TO GIVE ALL NEW YORKERS AN
OPPORTUNITY TO GET ELECTIONS THROUGH IN A FASTER, MORE EXPEDIENT
MANNER. SO I'M LOOKING FORWARD AND I'M VERY HAPPY TO BE ABLE TO VOTE
YES.
ACTING SPEAKER SHIMSKY: MR. FLOOD.
MR. FLOOD: THANK YOU, MADAM SPEAKER. FIRST, I
DO WANT TO CONDEMN THE SPONSOR -- I'M SORRY, IT'S BEEN A LONG NIGHT. I
DO COMPLIMENT THE SPONSOR OF THIS BILL. WE GAVE A LOT OF QUESTIONS AND
SHE WAS GRACEFUL IN ALL HER ANSWERS, SO THANK YOU. ONE OF MY
COLLEAGUES JUST SAID WE MIGHT HAVE AN ISSUE WITH TRUSTING THE VOTERS. I
DON'T THINK THAT'S THE POSITION WE MADE. WHAT WE WERE SAYING IS WE
TRUST THE VOTERS SO MUCH TO TELL US OR TELL THIS BODY WHAT THEY WANT TO
DO. WE WANT TO PUT IT OUT TO A REFERENDUM TO THOSE WHO DON'T HAVE THE
ABILITY TO VOTE ON A CONSTITUTIONAL AMENDMENT. I THINK THAT IS -- WOULD
BE ABSOLUTELY FAIR.
AND THEN THE OTHER PART WHERE WE SAID WE DON'T THINK
THAT -- YOU KNOW, IT'S TOO MUCH ON -- ON -- YOU KNOW, THE VOTERS ARE
PUTTING -- YOU KNOW, BY ME, WE'RE GOING TO HAVE AN ELECTION -- WE'RE
GOING TO HAVE A BALLOT THAT PROBABLY HAS 30 NAMES ON IT. IT'S THE SAME
THING IF I WAS A TEACHER AND I GAVE MY CLASS A BOOK TO READ DURING THE
WEEK. I WOULDN'T SAY, HERE, READ ALL 100 PAGES TONIGHT AND THEN HAVE
NOTHING ELSE TO DO FOR THE LAST FOUR DAYS, BECAUSE THAT WOULD BE JUST
TOO MUCH INFORMATION AT ONCE TO DO. IT'S JUST COMMON SENSE.
SO TO SAY THAT WE'RE NOT DOING TOO MUCH OR THAT VOTERS
321
NYS ASSEMBLY JUNE 8, 2023
WON'T CONFLATE THE ISSUES, THERE -- THERE'S A LOT GOING ON WHEN YOU HAVE
A PRESIDENTIAL, YOU HAVE A CONGRESS, YOU HAVE A -- YOUR STATE ELECTIONS.
THEN YOU MAY HAVE A COUNTY CLERK'S RACE, THEN YOU MAY HAVE TOWN --
A COUNTY LEGISLATURE RACE. THEN A DA'S RACE IF YOU'RE THE SAME -- IF
IT'S THE ODD YEARS ALREADY, OR EVEN, I APOLOGIZE. THEN YOU MAY HAVE
TOWN BOARD RACE. AGAIN, YOU'RE TALKING ABOUT EIGHT OR NINE DIFFERENT
ELECTIONS, AND IF ANYONE IS GOING TO PAY ATTENTION TO WHAT THE JUDGES
ARE RUNNING ON, YOU'RE LOOKING AT 20 TO 25 ISSUES FOR, YOU KNOW, LIKE
ME, I'M A PARENT OF FIVE THAT GETS MAYBE 15, 20 MINUTES OF FREE TIME
AFTER YOU GET HOME FROM WORK, GET TO DINNER, GET YOUR KIDS TO WHATEVER
EVENTS THEY'RE GOING TO GO TO, GET THEM TO BED, AND SOMEWHERE IN THOSE
15 TO 20 MINUTES A NIGHT THAT YOU GET TO, I'M GOING TO STUDY WHAT'S
GOING ON THE ELECTIONS? IT'S NOT REASONABLE.
FOR THAT REASON, THAT'S WHY MYSELF AND I -- I DON'T WANT
TO INTERJECT ONTO MY COLLEAGUES, BUT I'M PRETTY SURE THAT'S THE REASON
WHY WE'RE SAYING WE SHOULD KEEP THESE SEPARATE. THANK YOU.
ACTING SPEAKER SHIMSKY: MR. MCGOWAN.
MR. MCGOWAN: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE. I -- I THINK THE BOTTOM LINE IS THAT WHAT DOES IS IT
DILUTES LOCAL ISSUES. IT DILUTES THE VOTERS' ABILITY TO WEIGH IN ON LOCAL
ISSUES BY BUNCHING EVERYTHING TOGETHER, BY PUTTING ALL -- YOU KNOW,
PRESUMABLY THE GOAL IS TO PUT EVERY ELECTION IN THE SAME YEAR, FROM
FEDERAL ELECTION, STATE, COUNTY AND LOCAL. AND I THINK THAT'S A PROBLEM.
PEOPLE ARE REALLY PASSIONATE ABOUT THEIR LOCAL ISSUES, UNDERSTANDABLY,
BECAUSE OUR LOCAL ISSUES PROBABLY AFFECT US MORE SO ON A DAY-TO-DAY
322
NYS ASSEMBLY JUNE 8, 2023
BASIS THAN PERHAPS NATIONAL ISSUES DO AND PERHAPS STATE ISSUES DO. BUT
WHAT WE'RE DOING IS WE'RE PUTTING ALL THESE RACES TOGETHER, ALL THESE
ISSUES TOGETHER, AND THERE'S ONLY JUST SO MUCH TIME AND BANDWIDTH THAT
PEOPLE HAVE. PEOPLE HAVE TO PAY ATTENTION TO CAMPAIGN ADS, MAILERS,
NEWSPAPER ADS, SOCIAL MEDIA ADS. ALL CANDIDATES ARE COMPETING FOR THE
SAME BANDWIDTH, COMPETING FOR THE SAME SPACE. AND THAT'S JUST GONNA
GET WORSE WHEN WE HAVE ALL OF OUR ELECTIONS IN THE SAME YEAR, RATHER
THAN SPREADING THEM OUT TO GET THE PROPER ATTENTION AND CARE THAT THEY
SHOULD HAVE.
I THINK THIS IS A REALLY BAD PIECE OF LEGISLATION. I
APPRECIATE THE SPONSOR FOR ANSWERING ALL OF OUR QUESTIONS. BUT
UNFORTUNATELY, AND WITH ALL DUE RESPECT, IT CAME UP SHORT. I'M NOT
CONVINCED THIS IS BETTER. I DON'T THIS MAKES NEW YORK STATE BETTER, I
DON'T THINK THIS MAKES THE ISSUES CLEARER OR ANY LESS CONFUSING; IF
ANYTHING, IT'S MORE CONFUSING. AND YES, MAYBE OUR RESIDENTS DON'T
HAVE TO GO TO THE POLLS AS OFTEN, BUT I THINK THAT'S A GOOD THING BECAUSE
IT GIVES THOSE LOCAL ISSUES TIME TO BREATHE AND TO GET THEIR DUE COURSE TO
BE ADDRESSED BY THE VOTERS, TO BE ADDRESSED BY THE LOCAL LEADERS AND
ELECTED OFFICIALS.
SO DOING THIS SENDS THE WRONG MESSAGE TO OUR
COUNTIES, SENDS THE WRONG MESSAGE TO OUR LOCAL MUNICIPALITIES AND,
FRANKLY, SENDS THE WRONG MESSAGE TO OUR VOTERS. THIS IS, ONCE AGAIN,
OVERREACH BY OUR STATE GOVERNMENT, AND I THINK WE'RE HEADED IN THE
WRONG DIRECTION BY DOING THIS, AND IT REALLY IS NOT A GOOD THING MOVING
FORWARD FOR OUR STATE. SO MADAM SPEAKER, I'LL BE IN THE NEGATIVE.
323
NYS ASSEMBLY JUNE 8, 2023
THANK YOU.
ACTING SPEAKER SHIMSKY: MS. SILLITTI.
MS. SILLITTI: THANK YOU SO MUCH, I WANTED TO
EXPLAIN MY VOTE. SO THERE ARE SOME THINGS THAT I LEARNED TONIGHT THAT
I'M KIND OF EXCITED ABOUT FROM MY COLLEAGUES ON THE OTHER SIDE OF THE
AISLE. EVERYBODY'S EXCITED ABOUT BALLOT REDESIGN AND MAKING THE BALLOT
EASIER AND MORE UNDERSTANDABLE FOR OUR VOTERS, SO I'M EXCITED TO GET TO
WORK ON THAT. I ALSO LEARNED THAT WE'RE ALL -- WANT TO SEE MORE
INCREASED VOTER PARTICIPATION, AND WE HAVE CONCERNS ABOUT VOTER
PARTICIPATION. SO THINGS LIKE NO EXCUSE ABSENTEE VOTING I'M SURE WILL
SAIL THROUGH NEXT GO-AROUND.
ALSO, PURITY OF LOCAL ELECTIONS AND PURITY OF LOCAL
ISSUES. YOU KNOW, IN 2021 IT REALLY WASN'T ABOUT LOCAL ISSUES NEAR ME.
I CAN GIVE YOU TWO WORDS OF WHAT IT WAS ABOUT. SO I AM SURE THAT THIS
YEAR IT WILL BE ALL ABOUT LOCAL ISSUES AND WHAT'S HAPPENING ON THE LOCAL
LEVEL RATHER THAN ON STATE ISSUES BECAUSE WE ALL -- WE CARE ABOUT,
AGAIN, THE PURITY OF LOCAL ISSUES.
I WILL BE VOTING IN FAVOR OF THIS, SPECIFICALLY BECAUSE
INCREASED VOTER PARTICIPATION. I DON'T KNOW WHY WE'RE SCARED OF IT; I'M
CERTAINLY NOT SCARED OF IT. IT'S A GOOD THING WHEN MORE PEOPLE GET
INVOLVED, IT'S A GOOD THING WHEN MORE PEOPLE WANT TO VOTE. IT'S A GOOD
THING WHEN PEOPLE ARE INTERESTED IN THEIR GOVERNMENT. THESE ARE NOT
DIRTY WORDS. SO I VOTE IN FAVOR OF THIS LEGISLATION, AND KUDOS TO MY
COLLEAGUE FOR HER MARATHON DEBATE. JOB WELL DONE. THANK YOU.
ACTING SPEAKER SHIMSKY: MS. WALSH.
324
NYS ASSEMBLY JUNE 8, 2023
MS. WALSH: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE. SO, WE'VE BEEN GOING AT THIS FOR SO LONG I STARTED TO
KIND OF GET A LITTLE TIRED AND SLEEPY, STARTED TO KIND OF FALL ASLEEP A LITTLE
BIT, I'LL BE HONEST. AND THEN I -- I HEARD SOMETHING COME FROM THIS AREA
OVER HERE FROM ONE OF MY DEMOCRAT COLLEAGUES WHO SAID THAT HE TRUSTS
THE VOTER, AND -- AND THAT WOKE ME UP BECAUSE I'M A -- I'M A BIG
BELIEVER IN CALLING IRONY OUT WHEN I -- WHEN I HEAR IT. THERE WAS NO
TRUST OF THE VOTER WHEN THE VOTERS VOTED AGAINST NO EXCUSE ABSENTEE
VOTING ON THE BACK OF THE BALLOT NOT SO VERY LONG AGO. THAT WAS
QUICKLY CONDEMNED AND BLAMED ON BIG MONEY THAT WAS SPENT TO SKEW
THAT RESULT. THAT -- THAT WASN'T THAT THE VOTERS DIDN'T REALLY WANT NO
EXCUSE ABSENTEE VOTING, IT WAS ALL BECAUSE MONEY GOT INVOLVED AND
THAT'S WHY THE VOTERS GOT CONFUSED AND THEY VOTED AGAINST IT AND HOW
CRAZY THAT WAS. AND THEN -- THEN LAST YEAR WHEN THE -- YOU COULDN'T
TRUST THE VOTER, BUT THE VOTERS ELECTED SO MANY REPUBLICAN MEMBERS OF
CONGRESS LAST YEAR THAT IT FLIPPED THE HOUSE OF REPRESENTATIVES. THAT
WAS JUST A COMPLETE ANOMALY AND THAT WAS JUST BECAUSE OF, I DON'T
KNOW, DIRTY POLITICS OR WHATEVER. SO, YOU KNOW, YOU TRUST THE VOTERS
WHEN THE VOTERS COME OUT THE WAY YOU WANT THEM TO, BUT WHAT I'M
SAYING THIS THAT BILL IS ABSOLUTELY, IN MY OPINION, AN EXAMPLE OF THE
MAJORITY WANTING TO FLEX ITS MUSCLE TO RECEIVE EVERY SINGLE ADVANTAGE
IT CAN IN THE NEXT ELECTION AND BEYOND. AND IT IS POLITICAL
MANEUVERING. I'M CALLING IT, WE ALL CALLED IT FOR WHAT IT IS. AND, AGAIN,
I'M AWAKE NOW AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU.
(APPLAUSE)
325
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER SHIMSKY: MR. JENSEN.
MR. JENSEN: THANK YOU VERY MUCH, MADAM
SPEAKER, TO EXPLAIN MY VOTE. I, TOO, LIKE MANY OF MY COLLEAGUES,
RESPECT AND TRUST THE VOTERS. IF WE DID, WE WOULDN'T BE DOING THIS BY
LEGISLATIVE FIAT TO BE DECIDED BY 213 MEMBERS OF THE ASSEMBLY AND THE
SENATE AND GOVERNOR OF THE STATE OF NEW YORK, WE'D ALLOW THE PEOPLE,
THE VOTERS OF NEW YORK STATE TO MAKE THIS DECISION FOR THEMSELVES.
WE'D ALLOW OUR LOCAL MUNICIPALITIES TO OPT INTO THIS PROGRAM,
SOMETHING THEY HAVE NOT DONE EVEN THOUGH THEY HAVE THE
CONSTITUTIONAL OPTION TO DO SO TODAY. IF WE TRUSTED THE VOTERS, WE
WOULD PUT THIS UP TO A REFERENDUM VIA CHANGES TO THE CONSTITUTION.
RATHER THAN TRUST THE VOTERS, AS SO MANY OF US DEVOUTLY CLAIM, WE
WOULD BE DOING SOMETHING THAT RESPECTS THEIR WILL RATHER THAN THE WILL
OF 213 NEW YORKERS IN THIS LEGISLATIVE HOUSE AND THE GOVERNOR ON THE
FLOOR BELOW US. BECAUSE WE'RE NOT DOING THAT, MADAM SPEAKER, I VOTE
NAY.
ACTING SPEAKER SHIMSKY: MS. LUNSFORD.
MS. LUNSFORD: THANK YOU VERY MUCH. I DO WANT
TO COMMEND THE SPONSOR FOR HER TENACITY AND HER PERSEVERANCE. I RISE
BECAUSE I'M IN A SOMEWHAT UNIQUE POSITION IN THIS STATE IN THAT I
ACTUALLY RUN WITH A VILLAGE THAT HAS A NOVEMBER EVEN-YEAR ELECTION.
AND I GET TO RUN MY RACE WITH THE GOVERNOR AND THE AG AND THE
COMPTROLLER AND A CONGRESS PERSON AND A SENATOR AND MYSELF, AND A
WHOLE SLATE OF VILLAGE CANDIDATES. AND WHEN WE KNOCK DOORS, YOU
KNOW WHAT THEY TALK TO ME ABOUT? THE LANDFILL. THEY TALK TO ME ABOUT
326
NYS ASSEMBLY JUNE 8, 2023
LOCAL ISSUES BECAUSE ALL ARE POLITICS ARE LOCAL. AND WHEN I RUN WITH MY
VILLAGE CANDIDATES, I KNOCK DOORS WITH THEM AND WE TALK ABOUT THE
WAYS GOVERNMENT WORKS WITH EACH OTHER. WE TALK ABOUT THE LAYERS OF
GOVERNMENT AND HOW WE CAN RELY ON EACH OTHER AND WHAT GOOD
PARTNERS MAKE, AND IT MAKES PEOPLE MORE ENGAGED. AND IN 2022, I HAD
THE ABILITY TO RUN WITH THAT VILLAGE SLATE, AND I HAD ONE OF THE HIGHEST
TURNOUT RACES IN THE ENTIRE ASSEMBLY. SIXTY-FIVE THOUSAND PEOPLE
TURNED OUT IN THE RACE I RAN IN. THE EARLY VOTING SITE CLOSEST TO THAT
VILLAGE HAD BY LEAPS AND BOUNDS THE HIGHEST TURNOUT OF ANY EARLY VOTING
POLLING SITE IN THE COUNTY BECAUSE IT TURNED PEOPLE OUT AND IT MADE
THEM ENGAGED IN ISSUES FROM TOP TO BOTTOM. SO I DON'T BUY THIS
ARGUMENT THAT IT'S GOING TO BURY THE ISSUES. IF ANYTHING, I THINK IT'S
GOING TO ENHANCE IT. IT'S GOING TO BRING MORE PEOPLE TO THE POLLS AND
THEY'RE GOING TALK ABOUT THE THINGS THAT MATTER TO THEM, WHICH BY AND
LARGE ARE KITCHEN TABLE ISSUES. AND THE PRESSURE FROM THE BOTTOM
MAKES US MORE ACCOUNTABLE TO THE PEOPLE AT THE BOTTOM OF THE BALLOT. I
HAVE GREAT RELATIONSHIPS WITH MY VILLAGE AND MY TOWNS AND MY
COUNTIES. MY COUNTIES, WHICH I'LL MENTION, SOME OF THE NASTIEST, MOST
TOXIC RACES WE HAVE ARE AT THE COUNTY LEVEL. SO AGAIN, THIS IDEA THAT IT'S
GOING TO INTRODUCE TOXICITY I DON'T THINK IS VALID, EITHER.
AND I DO JUST WANT TO POINT OUT, WE'VE BEEN HEARING A
LOT ABOUT THE VOTE ON THE CONSTITUTIONAL REFERENDUM FOR MAIL-IN VOTING,
WHICH WAS AN ODD-YEAR VOTE. AND AS I RECALL, THAT WAS ABOUT A
32 PERCENT TURNOUT, AND I THINK THAT'S A GREAT EXAMPLE OF WHY WE NEED
TO PASS THIS BILL TO GET MORE PEOPLE TO THE POLLS. I'LL BE IN THE
327
NYS ASSEMBLY JUNE 8, 2023
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER SHIMSKY: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 19, RULES REPORT NO. 743, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07690, RULES REPORT
NO. 743, HEASTIE. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE
CONDUCTING OF THE PRESIDENTIAL PRIMARY, TO PROVIDE FOR THE ELECTION OF
DELEGATES TO A NATIONAL PARTY CONVENTION OR A NATIONAL PARTY CONFERENCE
IN 2024, AND THE "PRESIDENTIAL" AND "JUNE" PRIMARY IN SUCH YEAR; TO
AMEND THE ELECTION LAW, IN RELATION TO ELECTING DELEGATES TO A NATIONAL
PARTY CONVENTION; TO AMEND THE ELECTION LAW, IN RELATION TO CURE
AFFIRMATIONS RECEIVED BY THE BOARD OF ELECTIONS; TO AMEND THE ELECTION
LAW, IN RELATION TO WRITE-IN VOTES FOR CANDIDATES; TO AMEND THE ELECTION
LAW, IN RELATION TO BALLOT ENVELOPES WITHOUT A POSTMARK; TO AMEND THE
ELECTION LAW, IN RELATION TO CERTIFICATES TO FILL A VACANCY IN A
DESIGNATION; TO AMEND THE ELECTION LAW, IN RELATION TO CANVASSING OF
ABSENTEE AND AFFIDAVIT BALLOTS; TO AMEND THE ELECTION LAW, IN RELATION
TO CONDITIONS FOR FULL MANUAL RECOUNTS OF BALLOTS; TO REPEAL CERTAIN
PROVISIONS OF THE ELECTION LAW RELATING TO WRITE-IN VOTES FOR
CANDIDATES; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER SHIMSKY: AN EXPLANATION
HAS BEEN REQUESTED, MS. WALKER.
328
NYS ASSEMBLY JUNE 8, 2023
MS. WALKER: THANK YOU, MADAM SPEAKER. THIS
BILL WOULD AMEND CERTAIN PROVISIONS OF THE ELECTION LAW TO SCHEDULE
THE PRESIDENTIAL PRIMARY ELECTION FOR APRIL 2ND, 2024 AND UPDATE THE
POLITICAL CALENDAR ACCORDINGLY. AND IT ENACTS THE NEEDED STATUTORY
CHANGES AND RESPECTIVE PLANS FOR THE ELECTION OF DELEGATES AND
ALTERNATE DELEGATES TO THE NATIONAL PARTY CONVENTIONS. IT ALSO MAKES
NECESSARY CHANGES TO THE ELECTION LAW TO RECOGNIZE COMMON ERRORS IN
THE ABSENTEE BALLOT PROCESS, AND PROVIDES VOTERS WAYS TO CURE THESE
ERRORS, ALL THE WHILE PROTECTING VOTER AND VOTING RIGHTS. THE BILL ALSO
GIVES CANDIDATES THE ABILITY TO HAVE OBSERVERS WITNESS THE OPENING OF
ABSENT -- AFFIDAVIT BALLOTS AND THE ABILITY TO CHALLENGE CERTIFICATES TO FILL
VACANCIES IN A DESIGNATION. IT ALSO ENSURES THAT CANDIDATES ARE ABLE TO
GET INITIAL COUNTS DURING RECOUNTS AND ARE NOT PENALIZED FOR BEING
WRITTEN IN BY A VOTER IF THEIR NAME IS ALREADY ON THE BALLOT.
ACTING SPEAKER SHIMSKY: MR. NORRIS.
MR. NORRIS: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER SHIMSKY: WILL THE SPONSOR
YIELD?
MS. WALKER: YES, MADAM SPEAKER, I WILL.
MR. NORRIS: THANK YOU, MADAM --
ACTING SPEAKER SHIMSKY: THE SPONSOR
YIELDS.
MR. NORRIS: THANK YOU, MADAM SPEAKER, AND
THANK YOU, MADAM CHAIR. I JUST HAVE A COUPLE OF QUESTIONS ABOUT THE
329
NYS ASSEMBLY JUNE 8, 2023
PRESIDENTIAL PRIMARY DATE. I BELIEVE THAT'S GOING TO BE ON APRIL 2ND?
MS. WALKER: THAT'S CORRECT, APRIL 2, 2024.
MR. NORRIS: AND THAT FOLLOWS HOLY WEEK WITH
EASTER BE -- FALL ON MARCH 31ST?
MS. WALKER: YES, IT DOES.
MR. NORRIS: YES. AND WHEN WILL EARLY VOTING
TAKE PLACE?
MS. WALKER: THE VOTING WILL -- SO EARLY VOTING
WILL TAKE PLACE DURING THE TEN DAYS PRIOR TO THE ELECTION DAY OF APRIL
2ND FOR 2024, AND HOWEVER, THE DATES ARE BEING CHANGED AND RESPECT --
THE HOURS ARE BEING CHANGED WITH RESPECT TO THE HOURS IN OUR RESPECTIVE
EASTER HOLIDAY. BY REMOVING ONE DAY OF EARLY VOTING FOR EASTER FOR --
IN OBSERVANCE OF ONE OF THE HOLIEST DAYS ON THE CALENDAR FOR PEOPLE
WHO ARE OBSERVING, THE NUMBER OF HOURS PER DAY DURING EARLY VOTING
WILL CHANGE FROM EIGHT HOURS TO NINE HOURS PER DAY.
MR. NORRIS: BUT THERE WILL BE NO VOTING ON EASTER
SUNDAY, CORRECT?
MS. WALKER: THERE WILL BE NO VOTING ON EASTER
SUNDAY.
MR. NORRIS: WHAT ABOUT GOOD FRIDAY AND HOLY
THURSDAY?
MS. WALKER: YES, THERE WILL BE.
MR. NORRIS: OKAY. ALSO, I HAVE A CONCERN -- I'LL
GET TO THAT ON THE BILL -- I HAVE A CONCERN. I UNDERSTAND THERE'S ALSO A
JEWISH HOLIDAY IN HERE, OR AT LEAST A DESIGNATION, ON MARCH THE 23RD;
330
NYS ASSEMBLY JUNE 8, 2023
WOULD THAT BE CORRECT? PURIM?
MS. WALKER: I HAVE TO TAKE A LOOK AT THE CALENDAR
AGAIN TO DOUBLE CHECK, BUT ASSUMING THAT YOU ARE CORRECT.
MR. NORRIS: I CHECKED WITH ONE OF OUR COLLEAGUES
AND THEY'VE EXPLAINED THAT TO ME, SO I JUST WANTED TO DO THAT FOR THE
RECORD. I -- I JUST WANT TO MENTION TO YOU, MADAM CHAIR, THAT I DO
HAVE CONCERNS THAT DURING HOLY WEEK THERE WILL BE THIS VOTING,
PARTICULARLY ON HOLY THURSDAY AND GOOD FRIDAY, FOR MANY IN THE
CHRISTIAN FAITH, AS WELL AS THOSE IN THE JEWISH FAITH, WHERE I MENTIONED
BEFORE WITH PURIM. THAT IS A CONCERN THAT THESE VOTING WILL BE TAKING
PLACE DURING THIS TIME, PARTICULARLY WHEN OUR STAFF SHOULD BE ALLOWED
TO -- BOARD OF ELECTION STAFF AND THE VOTERS HAVE THE OPPORTUNITY TO DO
THAT. SO I JUST WANTED TO EXPRESS THAT ON THE RECORD THAT I HAVE
CONCERNS ABOUT THAT AND THAT I HOPE THAT COULD BE ADDRESSED IN A
CHAPTER AMENDMENT IF THIS BILL MOVES FORWARD.
NOW, IF I COULD JUST TURN YOUR ATTENTION TO SOME OF THE
OTHER CHANGES THAT REALLY DON'T DEAL SPECIFICALLY WITH A PRESIDENTIAL
PRIMARY. AND I FIND IT IRONIC THAT WE'RE DEALING WITH A BILL REGARDING
THE PRESIDENTIAL PRIMARY AND SETTING THE DATES AND SO FORTH, BUT WE'RE
ALSO MAKING SOME SIGNIFICANT CHANGES TO THE ELECTION LAW. AND IF I
COULD JUST POINT OUT ONE OF THEM, WOULD BE WRITE-IN VOTES. SO ANY
WRITE-IN FOR A CANDIDATE, WHETHER OR NOT SUCH CANDIDATE'S NAME IS ON
THE BALLOT O FOR THAT CONTEST SHALL BE COUNTED FOR SUCH CANDIDATE UNLESS
SUCH WRITE-IN VOTES CREATE AN INVALID OVER-VOTE IN THE CONTEST. SO IT'S
MY UNDERSTANDING UNDER CURRENT LAW, THAT IF SOMEONE WHO IS A
331
NYS ASSEMBLY JUNE 8, 2023
DECLARED CANDIDATE ON THE BALLOT RECEIVES A WRITE-IN VOTE, THEN THE
WRITE-IN VOTE IS NOT ALLOWED, NOT COUNTED. IS THAT CORRECT UNDER THE
CURRENT LAW?
MS. WALKER: THAT IS CORRECT.
MR. NORRIS: WHY ARE WE MAKING THIS CHANGE?
MS. WALKER: WELL, I BELIEVE THAT THE WILL OF THE
VOTER AND THE INTENT OF THE VOTER SHOULD SOME -- SHOULD BE SOMETHING
THAT IS ALWAYS RESPECTED AND HELD IN THE HIGHEST REGARD. THERE ARE
MANY INSTANCES WHERE INDIVIDUALS WILL GO INTO A POLL SITE, PERHAPS IT
COULD BE ANY REASON WHY THE NAME WHICH IS PRINTED IS OVERLOOKED.
MAYBE THEY DIDN'T SEE IT, PERHAPS THEY DIDN'T HAVE THEIR GLASSES THAT
DAY. PERHAPS THEY WERE READING, YOU KNOW, SO QUICKLY THAT IT WAS AN
OVERSIGHT. AND SO THEY WILL TAKE IT UPON THEMSELVES BECAUSE THEY WANT
TO SEE THIS PARTICULAR CANDIDATE BE ELECTED. THEY WILL WRITE THAT
PERSON'S NAME IN ON THE BALLOT. AND WE BELIEVE THAT THE INTENT OF THAT
VOTER SHOULD BE COUNTED AND WE SHOULD NOT BE PENALIZING ANY
CANDIDATES SIMPLY BECAUSE OF -- OF AN OVERZEALOUS VOTER.
MR. NORRIS: NOW, THIS WOULD APPLY ALL ELECTIONS,
JUST NOT THE PRESIDENTIAL PRIMARY. SO WHAT IF THERE WERE TWO OFFICES,
LET'S SAY TWO TOWN BOARD SEATS THAT ARE OPEN, RIGHT, SO I APPEAR IN
COLUMN A, MICHAEL NORRIS RUNNING FOR THE TOWN BOARD ON THE
REPUBLICAN LINE, IT WOULD SAY THAT, RIGHT, BUT IT COULD BE ON ANY LINE.
BUT THEN IN COLUMN 2 AND COLUMN B THERE MIGHT BE OTHER CANDIDATES.
WHAT IF SOMEONE WRITES IN MIKE NORRIS OR THAT CANDIDATE IN COLUMN
NUMBER TWO. WILL THE MACHINE CATCH THAT?
332
NYS ASSEMBLY JUNE 8, 2023
MS. WALKER: WELL, IF IT'S A WRITE-IN I BELIEVE THAT
NOTWITHSTANDING WHATEVER THE CIRCUMSTANCES ARE, WHETHER THE PERSON
WROTE MICKEY MOUSE, THE MACHINE WILL STILL CAPTURE THE FACT THAT THAT
PARTICULAR -- ON THAT PARTICULAR LINE THE PERSON WROTE IN.
MR. NORRIS: MADAM CHAIR, IF I COULD JUST POINT
OUT, I DO HAVE A CONCERN THAT THERE MIGHT BE SOME OVERLOOK,
PARTICULARLY WHERE THERE'S MORE THAN ONE OFFICE, PARTICULAR OFFICE ON THE
BALLOT WHERE THERE MAY BE TWO SEATS BUT THE SAME OFFICE AND THEY GO IN
TWO DIFFERENT COLUMNS, THAT THAT MIGHT GET SLIPPED THROUGH BY HAVING
SOMEONE -- AND I DON'T ENCOURAGE PEOPLE TO DO THIS WITH MY NAME --
BUT -- BUT IF THEY HAD A CANDIDATE ON A AND THEN A -- THEN ON COLUMN B,
THEY WRITE THE NAME IN OF A CANDIDATE IN COLUMN A. I DON'T KNOW IF
THAT WOULD SLIP THROUGH, BUT I THINK IT'S A POSSIBILITY AND THAT'S ONE OF
THE REASONS WHY I HAVE CONCERNS ABOUT THIS STATUTORY PROVISION BEING
CHANGED.
MS. WALKER: SO I'M JUST -- I'M A LITTLE CONFUSED,
MR. NORRIS.
MR. NORRIS: YES.
MS. WALKER: SO ARE YOU SAYING THAT THE VOTER FOR
YOU WOULD OVER-VOTE FOR YOU?
MR. NORRIS: THEY COULD OVER-VOTE, BUT IT COULD
APPEAR IN A TWO -- BECAUSE THERE WOULD BE TWO COLUMNS IN THAT CASE
BECAUSE THERE ARE TWO OFFICES FOR THE SAME OFFICE, BUT TWO SPOTS FOR THE
SAME OFFICE OPEN, AND I'M CONCERNED THAT ON COLUMN A WHERE THE
NAME MAY APPEAR, THEY FILL IN THE BUBBLE, AND THEN COLUMN B, THEN
333
NYS ASSEMBLY JUNE 8, 2023
THEY WRITE IN THAT SAME CANDIDATE WHO APPEARED IN COLUMN A AND IT
MAY GET MISSED. SO I JUST HAVE A CONCERN THAT THERE COULD BE A
POTENTIAL ISSUE OF FRAUD IN THOSE CIRCUMSTANCES, AND THAT'S WHY I'M
CONCERNED ABOUT HOW THIS STATUTORY LANGUAGE IS DONE.
MS. WALKER: WELL, IF THERE ARE ANY INSTANCES OF
FRAUD, WHICH WE BELIEVE SHOULD BE PROTECTED TO THE UTMOST, THERE ARE A
NUMBER OF PLACES WITHIN THE ELECTION LAW THAT DEALS WITH FRAUD. AND
IF THE INTENTION OF THE INDIVIDUAL WOULD BE TO COMMIT SUCH FRAUD WHILE
VOTING, WE WILL, YOU KNOW, WE HAVE OPPORTUNITIES THAT WILL HANDLE THAT
PERSON ACCORDINGLY. BUT OF COURSE, IT HAS TO BE WITH THE INTENTION OF
COMMITTING A FRAUD, NOT SIMPLY BY MAKING A MISTAKE BECAUSE THEY
DIDN'T UNDERSTAND.
MR. NORRIS: I UNDERSTAND, MADAM, YOUR POINT, BUT
I -- I JUST DO HAVE CONCERNS THAT THERE MIGHT BE UNINTENTIONAL
CIRCUMSTANCES WHERE DOUBLE VOTES ARE COUNTED, AND THAT'S JUST A
CONCERN OF MINE.
MS. WALKER: RIGHT, BUT MR. NORRIS, IF IT'S
UNINTENTIONAL, THEN CAN IT QUALIFY AS FRAUD?
MR. NORRIS: WELL, IF -- IF THEY'RE DOING IT
PURPOSELY, LET'S PUT IT THAT WAY. I'LL REPHRASE THAT, IF THEY DO IT
PURPOSELY WHERE THEY VOTE IN COLUMN A AND THEY INTENTIONALLY WRITE IN
ON COLUMN B INTENTIONALLY, THAT WOULD BE A FRAUD SITUATION.
MS. WALKER: POINT WELL TAKEN.
MR. NORRIS: THANK YOU VERY MUCH.
I WANTED TO JUST TURN YOUR ATTENTION TO ONE MORE
334
NYS ASSEMBLY JUNE 8, 2023
SECTION, WHICH IS A PERMANENT CHANGE. WE'VE TALKED ABOUT THIS MANY
TIMES, AND YOU KNOW MY POSITION ON THIS THAT AN ABSENTEE BALLOT
SHOULD BE POSTMARKED THE DAY BEFORE ELECTION DAY. BUT THIS HOUSE
AND THE GOVERNOR THE SIGNED BILL, THE PREVIOUS GOVERNOR MAY HAVE, I
KNOW IT'S A LAW NOW WHERE IF IT'S ON ELECTION DAY POSTMARKED OR
RECEIVED THE DAY AFTER, IT DOES COUNT. NOW IT'S GOING EVEN FURTHER,
UNDER THE PERMANENCY, WHERE IF IT'S UN-POSTMARKED AND RECEIVED
BETWEEN TWO AND SEVEN DAYS AFTER THE ELECTION, IT'S UN-POSTMARKED AND
IT'S RECEIVED TWO TO SEVEN DAYS AFTER THE ELECTIONS, THEN SOMEONE CAN
ACTUALLY DO AN AFFIRMATION CURE TO CORRECT IT; IS THAT RIGHT?
MS. WALKER: THAT IS CORRECT.
MR. NORRIS: ALL RIGHT. AGAIN, I -- I JUST HAVE
CONCERNS REGARDING THAT BECAUSE THE POSTMARK IS VERY IMPORTANT,
BECAUSE IT IS A TIMESTAMP TO WHEN THE VOTER ACTUALLY PUTS THE BALLOT
INTO THE MAIL. AND I'VE EXPRESSED THOSE CONCERNS BEFORE. AGAIN, I'M
EXPRESSING THEM HERE THAT I THINK THIS GOES TOO FAR IN HAVING THOSE
BALLOTS COUNTED WITHOUT ANY POSTMARK AND IT NOW BEING RECEIVED FROM
THE BOARD OF ELECTIONS TWO TO SEVEN DAYS AFTERWARDS, PARTICULARLY,
SOME -- I DON'T KNOW HOW SOME OF THESE BALLOTS MAY APPEAR THERE, AND
I THINK THAT IT'S IMPORTANT TO HAVE THAT, DESPITE AN AFFIRMATION, BECAUSE
I UNDERSTAND NOW UNDER A DIFFERENT SECTION OF THE LAW WHICH IS GOING
TO BE PERMANENT, THAT THEY CAN DO AN AFFIRMATION THAT IS NOW RECEIVED
BY THE BOARD OF ELECTIONS AND NOT FILED; WOULD THAT BE CORRECT?
MS. WALKER: WELL, I JUST WANT TO MAKE A NOTE --
MR. NORRIS: SURE.
335
NYS ASSEMBLY JUNE 8, 2023
MS. WALKER: -- ON YOUR LAST POINTS, MR. NORRIS.
MR. NORRIS: THANK YOU.
MS. WALKER: THE BILL SIMPLY CODIFIES A DECISION,
A RECENT DECISION, IT'S A U.S. DISTRICT COURT CASE WHEREIN FOR THE AUGUST
AND NOVEMBER 2022 ELECTIONS, VOTERS WERE ABLE TO CURE THEIR BALLOTS IF
A BOARD OF ELECTIONS RECEIVED A NON-POSTMARKED ENVELOPE BETWEEN
TWO AND SEVEN DAYS AFTER ELECTION DAY. SO THERE IS LEGAL PRECEDENCE IN
ORDER TO BACK UP THIS PARTICULAR PIECE OF LEGISLATION. AND IN ADDITION TO
THAT, THERE IS AN ATTESTATION CLAUSE THAT THE VOTER HAS TO SIGN, AND
BASICALLY THAT ATTESTATION CLAUSE MUST INDICATE THAT THE VOTER DID,
INDEED, MAIL THE BALLOT ON OR BEFORE ELECTION DAY. AND AS WE'VE
TALKED ABOUT PREVIOUSLY DURING THIS DEBATE, IF YOU MAKE A FALSE CLAIM,
THAT IS ILLEGAL, IT IS FRAUD AND IT IS AND WILL BE DEALT WITH UNDER ARTICLE
17.
MR. NORRIS: OKAY. CAN I JUST ASK ONE QUESTION,
TOO, REGARDING ARTICLE 16? I SEE THAT THERE IS ADDITIONAL LANGUAGE BEING
ADDED FOR A CERTIFICATE TO FILL A VACANCY. IS THERE A REASON WHY THIS IS
BEING ADDED TO THE ELECTION LAWS? DID I MISS A COURT CASE OR THERE'S
SOMETHING WHY THIS IS NOW BEING ADDED IN?
MS. WALKER: WELL, PRESENTLY THERE IS NO
MECHANISM TO CHALLENGE THE -- THE VALIDITY IN THIS PARTICULAR SITUATION.
CURRENT LAW ALLOWS FOR THE OBJECTION TO, AND SUBSEQUENT SUPREME
COURT PROCEEDINGS INVOLVING CERTAIN PETITIONS WITHIN CERTAIN TIME
FRAMES. THE CERTIFICATE TO FILL A VACANCY IN A DESIGNATION IS NOT
INCLUDED, HOWEVER. THIS OVERSIGHT MEANS THAT THE CANDIDATE NAMES ON
336
NYS ASSEMBLY JUNE 8, 2023
THAT CERTIFICATE IS GUARANTEED A PLACE ON THE BALLOT EVEN IF THE PETITIONS
ARE INVALID OR OTHERWISE FAULTY. SO THIS BILL CLOSES A VERY IMPORTANT
LOOPHOLE TO ENSURE THAT ONLY QUALIFIED CANDIDATES ARE PLACED ON THE
BALLOT, AND WE ARE ENSURING THAT PEOPLE ARE NOT TAKING ADVANTAGE OF THE
FACT THAT THIS LOOPHOLE EXISTED.
MR. NORRIS: OKAY. IF I COULD JUST BOUNCE BACK TO
THE PRESIDENTIAL PRIMARY, BECAUSE I FORGOT A POINT. WAS THERE ANY
CONSIDERATION GIVEN IN YOUR DISCUSSIONS ON THIS BILL WITH THE BURDENS
ON THE BOARD OF ELECTIONS? BECAUSE WE'RE GONNA (INAUDIBLE) HAVE --
WE'RE GONNA HAVE HOLY WEEK DURING THE MIDDLE OF AUGUST [SIC],
INCLUDING EASTER. WE'RE GONNA HAVE THE ELECTION OCCURRING, AND THE
POLITICAL CALENDAR WOULD SEEM TO INDICATE THAT THERE WILL BE FILING OF
DESIGNATING PETITIONS AROUND THE FIRST WEEK OF APRIL. WAS THERE ANY
CONSIDERATION TO ALL THIS ACTIVITY TAKING PLACE AT THE BOARD OF ELECTIONS
AND HOW THEY'RE GONNA HANDLE ALL THIS?
MS. WALKER: WELL, I AM SURE THAT THERE IS
CONSIDERATION OF THE BOARD OF ELECTIONS WHENEVER IT IS THAT WE ACT AS A
BODY, MR. NORRIS; HOWEVER, I CAN STATE THAT I HAVE NOT BEEN
APPROACHED WITH ANY OF THE CONCERNS THAT YOU JUST MENTIONED.
MR. NORRIS: GREAT. THANK YOU, MADAM CHAIR, I
APPRECIATE YOU ANSWERING MY QUESTIONS.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER SHIMSKY: ON THE BILL.
MR. NORRIS: REGARDING THE PRESIDENTIAL PRIMARY,
MY REAL CONCERN LIES WITH THE EARLY VOTING THAT'S GOING TO OCCUR DURING
337
NYS ASSEMBLY JUNE 8, 2023
HOLY WEEK. I'M GRATEFUL THAT EASTER SUNDAY, THERE WILL BE NO VOTING
ON EASTER SUNDAY, BUT I'M ALSO CONCERNED THAT HOLY THURSDAY AND
GOOD FRIDAY THERE WILL BE VOTING TAKING PLACE WHEN MANY OF OUR
ELECTION INSPECTORS, MANY OF OUR VOTERS, MANY OF THE PEOPLE AT THE
BOARD OF ELECTIONS WILL WANT TO OBSERVE THOSE DAYS, BEING THE HOLIEST
WEEK IN THE CHRISTIAN CALENDAR. I ALSO WANT TO JUST POINT OUT THAT I DO
BELIEVE THAT HAVING THE PRIMARY DURING THIS PERIOD OF TIME IN
CONJUNCTION WITH THE DESIGNATING PETITION FILING PERIOD WILL CAUSE A
BURDEN ON OUR BOARD OF ELECTIONS AND WE SHOULD MAKE SURE THEY HAVE
THE ADEQUATE STAFFING AND RESOURCES AVAILABLE TO HANDLE ALL THESE ITEMS.
AND JUST THE PERMANENT CHANGES TO THE ELECTION LAW, WHICH I'M JUST
BAFFLED WOULD BE IN WITH THE PRESIDENTIAL PRIMARY BILL SETTING THE RULES
AND REGULATIONS FOR DELEGATES, HOW THEY'RE NOMINATED AND SO ON AND SO
FORTH. THESE ARE, AGAIN, PERMANENT CHANGES TO THE ELECTION LAW THAT I,
QUITE FRANKLY, BELIEVE IS A SLIPPERY SLOPE WHICH LEADS ITSELF TO POTENTIAL
FRAUD. WE'VE RAISED SOME OF THOSE CONCERNS HERE ON THE RECORD, AND I
JUST BELIEVE STRONGLY THAT WE NEED TO MAKE SURE ELECTIONS ARE DONE IN
THE MOST FAIR AND TRANSPARENT WAY. AND THESE ITEMS, PARTICULARLY THESE
PERMANENT CHANGES, PARTICULARLY WITH THE POSTMARK, IS VERY CONCERNING
TO ME AND, THEREFORE, I WILL BE OPPOSING THE BILL FOR THOSE REASONS. I
ENCOURAGE MY COLLEAGUES TO DO THE SAME. AND AGAIN, THANK YOU,
MADAM SPEAKER, FOR HAVING TO BE HEARD ON THIS BILL.
ACTING SPEAKER SHIMSKY: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
338
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER SHIMSKY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THESE PROPOSED
AMENDMENTS; HOWEVER, THOSE WHO SUPPORT THEM ARE CERTAINLY
ENCOURAGED TO VOTE YES HERE ON THE FLOOR. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER SHIMSKY: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION.
THERE MAY BE A FEW WHO WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD
FEEL FREE TO DO SO AT THEIR DESK. THANK YOU.
ACTING SPEAKER SHIMSKY: 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.
PAGE 6, RULES REPORT NO. 681, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01722-B, RULES
REPORT NO. 681, ZINERMAN, DINOWITZ, WALKER, SILLITTI, TAYLOR, BURGOS,
FALL, LEVENBERG, SIMON, AUBRY, JEAN-PIERRE, DE LOS SANTOS, TAPIA,
339
NYS ASSEMBLY JUNE 8, 2023
NOVAKHOV, SOLAGES, JACKSON, GONZÁLEZ-ROJAS, FORREST, SHRESTHA,
ZACCARO. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE FORM IN
WHICH A PROPOSED AMENDMENT TO THE CONSTITUTION OR OTHER QUESTION
PROVIDED BY LAW TO BE SUBMITTED TO A STATEWIDE VOTE SHALL BE
SUBMITTED TO THE PEOPLE FOR THEIR APPROVAL.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ZINERMAN -- ZIMMERMAN [SIC], THE SENATE BILL IS BEFORE THE HOUSE.
THE SENATE BILL IS ADVANCED.
AN EXPLANATION IS REQUESTED.
MS. ZINERMAN: CAN YOU ALL HEAR ME? OH, GREAT.
GOOD EVENING. I AM HAPPY TO STAND HERE AND PROVIDE AN EXPLANATION
AND CONTINUE THIS WONDERFUL CONVERSATION ABOUT EXPANDING OUR
DEMOCRACY. THIS BILL REQUIRES THAT THE PROPOSED CONSTITUTIONAL
AMENDMENTS AND OTHER QUESTIONS BE SUBMITTED TO A STATEWIDE VOTE,
WILL BE SET FORTH ON A BALLOT IN PLAIN AND EASILY-UNDERSTOOD LANGUAGE
THAT IDENTIFIES PRACTICAL IMPACTS OF ADOPTING OR REJECTING THE
AMENDMENT OR OTHER MEASURE, AND REQUIRES NO MORE THAN AN EIGHTH-
GRADE READING LEVEL. ACADEMIC RESEARCH SHOWS THAT PLAIN LANGUAGE
HELPS VOTERS. RESEARCH ESTABLISHES THAT VOTERS RECOGNIZE THE DIFFERENCE
BETWEEN PLAIN LANGUAGE AND TRADITIONAL LANGUAGE BALLOTS AND PREFER
THOSE WRITTEN IN PLAIN LANGUAGE. VOTERS VOTE MORE ACCURATELY AND
QUICKLY ON PLAIN LANGUAGE BALLOTS AND ARE MORE LIKELY TO COMPLETE THE
ENTIRE BALLOT.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
340
NYS ASSEMBLY JUNE 8, 2023
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. ZINERMAN, WILL
YOU YIELD?
MS. ZINERMAN: YES, I WILL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH. NOW, THIS
REQUIRES THAT A CONSTITUTIONAL AMENDMENT BE DESCRIBED IN EIGHTH-GRADE
ENGLISH OR SIMPLER, CORRECT?
MS. ZINERMAN: MM-HMM, WHAT WE LOVE.
MR. GOODELL: AND ALSO WITH A DESCRIPTIVE TITLE
THAT DOESN'T EXCEED 15 WORDS, CORRECT?
MS. ZINERMAN: IN -- IN -- PER SENTENCE, OR ARE YOU
SAYING IN TOTAL, IN TOTALITY?
MR. GOODELL: WELL, I SHOULD SAY A DESCRIPTIVE
TITLE OF UP TO 15 WORDS.
MS. ZINERMAN: OH, THE TITLE ITSELF.
MR. GOODELL: YES.
MS. ZINERMAN: LESS THAN, YES.
MR. GOODELL: AND A TOTAL DESCRIPTION NOT TO
EXCEED 30 WORDS; IS THAT CORRECT?
MS. ZINERMAN: THAT'S CORRECT.
MR. GOODELL: SO I APPLAUD THE OBJECTIVE OF
HAVING CONSTITUTIONAL AMENDMENTS WRITTEN IN SHORT, SIMPLE LANGUAGE.
MS. ZINERMAN: RIGHT.
MR. GOODELL: WHO DECIDES WHETHER THIS MEETS
341
NYS ASSEMBLY JUNE 8, 2023
AN EIGHTH-GRADE READING LEVEL? DO WE HAVE A PANEL FROM STATE ED, FOR
EXAMPLE, AND --
MS. ZINERMAN: IN -- IN ADDITION, THERE ABOUT 80
ORGANIZATIONS WHO HAVE SIGNED ON TO THIS PARTICULAR PIECE OF
LEGISLATION, AND WE CONSULTED ALL OF THE NEW YORK STATE AND NEW YORK
CITY LITERACY EXPERTS TO WEIGH IN ON THIS LEGISLATION AND THEY'VE ALL
PROVIDED MEMOS OF SUPPORT, AND OF COURSE ONGOING SUPPORT IN HELPING
THE DEPARTMENT OF ELECTIONS, THE BOARD OF ELECTIONS, TO WORK ON THE
LANGUAGE FOR ANY BALLOT MEASURE.
MR. GOODELL: NOW, I MUST TELL YOU THAT I ENJOYED
THE DESCRIPTION OF HOW AN EIGHTH-GRADE READING LEVEL WOULD BE
CALCULATED, AND IT SAYS THE STATE BOARD OF ELECTION IS REQUIRED TO
CALCULATE AN AUTOMATED READABILITY INDEX SCORE. HARDLY EIGHTH-GRADE
LANGUAGE, SINCE MOST OF US PROBABLY DON'T KNOW WHAT AN AUTOMATED
READABILITY INDEX SCORE IS.
MS. ZINERMAN: IT'S LESS THAN 15 WORDS.
MR. GOODELL: IT'S LESS THAN 15 WORDS, AND IT'S
CALCULATED BY DIVIDING THE NUMBER OF CHARACTERS, EXCLUDING SPACES, BY
THE NUMBER OF WORDS AND MULTIPLYING THAT NUMBER BY 4.71, AND THEN
WE DIVIDE THAT NUMBER BY THE NUMBER OF WORDS AND THE NUMBER OF
SENTENCES AND MULTIPLY THAT NUMBER BY 0.5, ADD THE RESULTS OF
PARAGRAPH A AND B AND SUBTRACT 21.43 FROM THE RESULTS OF THAT AND
ROUND TO THE NEAREST WHOLE NUMBER.
MS. ZINERMAN: YES.
MR. GOODELL: COULD YOU EXPLAIN THAT FORMULA
342
NYS ASSEMBLY JUNE 8, 2023
MORE TO ME AND --
MS. ZINERMAN: THAT'S WHY THE LITERACY -- SO THAT'S
WHY WE THE LITERACY EXPERTS WILL BE WORKING ON THAT SO THAT IT WOULD
NOT APPEAR ON THE BALLOT SO THAT THE VOTERS WOULD HAVE TO READ AND
COMPREHEND WHAT YOU JUST READ.
MR. GOODELL: THANK GOD.
MS. ZINERMAN: THANK GOD. THAT'S WHY WE
CONSULTED WITH THEM.
MR. GOODELL: WELL, SOMETIMES --
MS. ZINERMAN: YES.
MR. GOODELL: -- WE HAVE COMPLEX CONSTITUTIONAL
AMENDMENTS. IN FACT, JUST THIS LAST ELECTION CYCLE, RIGHT, WE HAD A
CONSTITUTIONAL AMENDMENT THAT DEALT WITH HOW WE WERE GOING TO
REDISTRICT THE STATE OF NEW YORK.
MS. ZINERMAN: YES.
MR. GOODELL: WHAT WAS THE AUTOMATED
READABILITY INDEX SCORE OF THAT BALLOT PROPOSITION; DO YOU KNOW?
MS. ZINERMAN: I MYSELF DID NOT CALCULATE THAT,
BUT I COULD READ ONE RECENT ONE AND -- AND REALLY ILLUSTRATE FOR PEOPLE
THE DIFFERENCE OF THE LANGUAGE. WOULD YOU LIKE TO HAVE THAT
ILLUSTRATION PROVIDED TO YOU?
MR. GOODELL: PROBABLY NOT TONIGHT, BUT PERHAPS
IN THE MORNING.
MS. ZINERMAN: OKAY. WELL, WE ONLY HAVE A LITTLE
WHILE LONGER FOR -- FOR MORNING. WE COULD PROBABLY DO IT IN THE NEXT
343
NYS ASSEMBLY JUNE 8, 2023
COUPLE OF MINUTES.
MR. GOODELL: WE COULD, BUT I HAVEN'T LINED UP
ANY OTHER DEBATERS. SO UNLIKE MS. PAULIN, THIS IS JUST A SHORT -- SHORT
DEBATE.
MS. ZINERMAN: OKAY, VERY GOOD. LUCKY ME.
MR. GOODELL: NOW, IF -- IF, FOR EXAMPLE, THE
BALLOT PROPOSITION IS MORE COMPLEX AND CANNOT BE DESCRIBED AT AN
EIGHTH-GRADE READING LEVEL WITH 30 WORDS OR LESS, IS THERE A MECHANISM
FOR AN EXCEPTION?
MS. ZINERMAN: SO, I WOULD PROBABLY PUSH BACK
ON THE IDEA THAT WE COULD NOT BREAK DOWN A VERY COMPLEX AMENDMENT
OR PROPOSAL INTO EIGHTH-GRADE LEVEL AND I'LL -- AND I'LL TELL YOU WHY. IT
REALLY STARTS OUT BY ASKING A VERY SIMPLE QUESTION, SO YOU WOULD ASK A
SIMPLE QUESTION. SO YOU ALL REMEMBER WHEN WE HAD NO EXCUSE
ABSENTEE BALLOTS, IT CAME UP THIS -- THIS EVENING. SO THE QUESTION
WOULD BE, SHOULD NEW YORK STATE ALLOW NO EXCUSE ABSENTEE BALLOT,
RIGHT? THE -- WHAT APPEARED ON THE BALLOT WAS ACTUALLY AN ENTIRE
PARAGRAPH OF WORDS THAT EXCEEDED 15 WORDS. AND THEN AT THE END WE
SIMPLY ASKED PEOPLE A YES VOTE WOULD ALLOW ANY VOTER TO USE AN
ABSENTEE BALLOT, A NO VOTE WOULD KEEP ABSENTEE BALLOTS IN PLACE. SO
VERY SIMPLE LANGUAGE GETTING TO THE ESSENCE OF WHAT THE MEASURE WAS
ATTEMPTING TO EXPLAIN, BUT PEOPLE OF ALL LEVELS UNDER EIGHTH GRADE, I
MEAN, EIGHTH GRADE AND UNDER WOULD BE ABLE TO UNDERSTAND, OR EIGHTH
GRADE AND ABOVE, I'M SORRY, WOULD BE ABLE TO UNDERSTAND.
MR. GOODELL: NOW THIS BILL WOULD APPLY TO THE
344
NYS ASSEMBLY JUNE 8, 2023
NEW YORK STATE ATTORNEY GENERAL WHO IS GIVEN THE RESPONSIBILITY OF
DRAFTING THAT LANGUAGE, CORRECT?
MS. ZINERMAN: MM-HMM.
MR. GOODELL: AND I SUPPOSE IF THE ATTORNEY
GENERAL FINDS THAT THE CONSTITUTIONAL AMENDMENT IS TOO COMPLEX AND
CANNOT BE DRAFTED IN SIMPLE LANGUAGE WITH 30 WORDS OR LESS SHE WOULD
HAVE TO COME BACK TO US?
MS. ZINERMAN: SHE WOULD HAVE TO COME BACK TO
US. SHE'D CONSULT WITH THE LITERACY EXPERTS AND THEN THEY WOULD
PROVIDE PRO -- PROPOSED LANGUAGE FOR HER FOR WHICH AT THAT POINT SHE
COULD ADOPT.
MR. GOODELL: THANK YOU VERY MUCH FOR HELPING
ME.
MS. ZINERMAN: YOU'RE SO WELCOME.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I ABSOLUTELY AGREE WITH THE
OBJECTIVE OF MY COLLEAGUE TO HAVE CONSTITUTIONAL AMENDMENTS
DESCRIBED IN SIMPLE LANGUAGE WITH THE TEXT NOT EXCEEDING 30 WORDS,
MEANING THE MEETING THE AUTOMATED READABILITY INDEX SCORE WHICH
INVOLVES A COMPLEX MULTI-VARIABLE FORMULA WHICH MIGHT EVEN BE
CHALLENGING FOR EIGHTH-GRADERS TO EVEN UNDERSTAND, MUCH LESS THOSE OF
US WHO HAVE NEVER REALLY DEALT WITH AN AUTOMATED READABILITY INDEX
SCORE. I'M -- I -- I WILL SUPPORT THE -- THE BILL BECAUSE I -- LIKE THE -- THE
345
NYS ASSEMBLY JUNE 8, 2023
PURPOSE. BUT I HAVE TO CAUTION MY COLLEAGUES THAT SOMETIMES WE HAVE
CONSTITUTIONAL AMENDMENTS THAT ARE COMPLEX. IT'S JUST THE NATURE OF
HAVING A CONSTITUTION. AND WHEN YOU WANT TO WRITE IN A LOWER LEVEL OF
ENGLISH, THOSE OF MY COLLEAGUES WHO KNOW ENGLISH AND WRITE FOR A
LIVING KNOW THAT IT SOMETIMES REQUIRES MORE WORDS. BECAUSE RATHER
THAN USING A SIMPLE PHRASE LIKE AUTOMATED READABILITY INDEX SCORE, YOU
HAVE TO ACTUALLY WRITE OUT IN SIMPLE LANGUAGE WHAT THAT MEANS. SO I
SUPPORT THE OBJECTIVE, I -- I APPRECIATE YOUR INTENT. I'M NOT SURE IT CAN
BE DONE, BUT IF IT CAN'T I'M SURE THE ATTORNEY GENERAL AND ANY PARTICULAR
AMENDMENT WILL COME BACK TO US AND ASK US FOR SPECIAL DISPENSATION.
THANK YOU, MR. SPEAKER, AND AGAIN, THANK YOU TO MY
COLLEAGUE.
ACTING SPEAKER AUBRY: THANK YOU.
MR. PIROZZOLO.
MR. PIROZZOLO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
MS. ZINERMAN: I'LL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. PIROZZOLO: SO (INAUDIBLE) BEFORE I SAID GOOD
MORNING AND I'LL SAY GOOD MORNING TO YOU, TOO. IT'S ALMOST --
MS. ZINERMAN: GOOD MORNING.
MR. PIROZZOLO: -- IT'S ALMOST THERE. I LIKE YOUR
LEGISLATION. I WANT TO TELL YOU A LITTLE BIT OF A STORY TO GET TO MY
QUESTION.
MS. ZINERMAN: OKAY.
346
NYS ASSEMBLY JUNE 8, 2023
MR. PIROZZOLO: RIGHT NOW, I AND MY CHILDREN
HAPPENED TO BE INVOLVED IN A LAWSUIT BECAUSE WE FELT THAT THE NEW
YORK STATE DEPARTMENT OF EDUCATION, THE NEW YORK STATE BOARD OF
REGENTS AND THE NEW YORK CITY DEPARTMENT OF EDUCATION FAILED TO
PROVIDE AN ADEQUATE EDUCATION TO STUDENTS. AND PART OF THE
CONSTITUTION IS THAT WHEN WE GIVE STUDENTS AN EDUCATION, THAT PART OF
THAT EDUCATION IS SO THAT THEY CAN BE CIVIC-MINDED.
MS. ZINERMAN: ABSOLUTELY.
MR. PIROZZOLO: OKAY. SO, I'M GONNA ASK, AND I
DON'T MEAN ANYTHING NEGATIVE BY IT --
MS. ZINERMAN: OKAY.
MR. PIROZZOLO: HOW DID WE CHOOSE EIGHTH GRADE
FOR THE SIMPLE FACT THAT THERE ARE SO MANY SCHOOLS WITHIN OUR DISTRICTS
WHERE OUR CHILDREN CAN -- 90 TO 95 PERCENT OF THE CHILDREN IN THAT
SCHOOL CANNOT READ, WRITE OR DO MATHEMATICS AT GRADE LEVEL. THIS WAS
BEFORE COVID, AND WE KNOW THAT THE THINGS DROPPED -- HAVE DROPPED
PRECIPITOUSLY. SO, IT'S NOT THAT I -- I REALLY WANT THE ANSWER TO THAT
PARTICULAR QUESTION, BUT WHAT I WOULD LIKE TO SAY IS THAT THERE'S SO MUCH
IMPROVEMENT THAT WE REALLY NEED TO DO, THAT WE SHOULDN'T NECESSARILY
BE DROPPING THE LITERACY SO PEOPLE CAN UNDERSTAND IT. WE SHOULD BE
INCREASING THE EDUCATION OF PEOPLE TO UNDERSTAND SOMETHING A LITTLE BIT
MORE COMPLEX. AND IF THERE WAS EVER A WAY THAT I COULD WORK WITH
YOU TO DO THAT, I WANT YOU TO COUNT ME AS AN ALLY.
MS. ZINERMAN: WELL, I WILL COUNT YOU AS AN ALLY
BECAUSE I ACTUALLY AGREE WITH YOUR -- YOUR ASSESSMENT THAT WE SHOULD
347
NYS ASSEMBLY JUNE 8, 2023
BE WORKING TO INCREASE THE LITERACY LEVEL IN OUR STATE. BUT I'LL TELL YOU
A LITTLE STORY OF MY OWN.
MR. PIROZZOLO: PLEASE.
MS. ZINERMAN: BEFORE COMING TO THE ASSEMBLY I
WORKED FOR AN ADULT LITERACY PROGRAM FOR 14 YEARS. AND IN THAT TIME
THE LITERACY LEVEL OF NEW YORKERS HAS ACTUALLY GOTTEN WORSE, SO WE ARE
NOW AT 25 PERCENT OF OUR POPULATION WHO ARE CONSIDERED LOW LITERACY
LEARNERS. 1.8 MILLION PEOPLE IN OUR STATE DON'T SPEAK ENGLISH OR ARE
CONSIDERED NON-PROFICIENT ENGLISH. BUT THEY LIVE HERE NOW AND THEY
HAVE THE RIGHT TO UNDERSTAND THE DECISIONS THAT WE ARE PROPOSING TO
THEM TO CHANGE OUR CONSTITUTION OR TO HAVE PROPOSED AMENDMENTS OR
QUESTIONS WITH REGARD TO HOW WE EITHER SPEND OUR MONEY OR HOW WE
CONDUCT THE BUSINESS OF THE STATE. AND SO WE THINK THAT THIS IS A FAIR
AND INCLUSIVE MEASURE TO HAVE BALLOT MEASURES BE IN THE SIMPLEST
LANGUAGE POSSIBLE SO THAT THOSE 16-YEAR-OLDS WHO WE'RE INVITING TO
VOTE AND THOSE WHO ARE CONSIDERED LOW LITERACY CAN PARTICIPATE FULLY IN
OUR DEMOCRACY.
MR. PIROZZOLO: I AGREE. IT STUNS ME EVERY YEAR
THAT WE CONTINUE TO FUND THE EDUCATION SYSTEM THAT WE HAVE --
MS. ZINERMAN: I AGREE.
MR. PIROZZOLO: -- WITH THE RESULTS THAT WE GET.
AND SOMETIMES PEOPLE MISTAKE MY COMMENTS FOR THINKING THAT I'M NOT
HAPPY WITH TEACHERS. IT HAS NOTHING TO DO WITH TEACHERS.
MS. ZINERMAN: IT DOES NOT.
MR. PIROZZOLO: WE HAVE SOME OF THE BEST, MOST
348
NYS ASSEMBLY JUNE 8, 2023
CARING TEACHERS THAT WE HAVE --
MS. ZINERMAN: I AGREE.
MR. PIROZZOLO: -- AND WE'RE FORTUNATE FOR THAT.
BUT WE DO, IN MY OPINION, HAVE A SYSTEM THAT DOES NOT WORK, THAT FAILS
OUR STUDENTS. AND I THINK WE REALLY HAVE TO STOP FUNDING SOMETHING
THAT WE KNOW IS BAD. THE DEFINITION OF INSANITY IS DOING THE SAME
THING OVER AND OVER AGAIN, EXPECTING DIFFERENT RESULTS, AND WE KEEP
DOING IT. SO AGAIN, I'D BE MORE THAN HAPPY TO HELP.
MS. ZINERMAN: I LOOK FORWARD TO THE -- TO THE
PARTNERSHIP AND ENSURING THAT OUR EDUCATIONAL SYSTEM IS IMPROVED,
BECAUSE RIGHT NOW I AM NOT HAPPY WITH THE FACT THAT WE ARE AT -- WHERE
ARE WE IN TERMS OF STATES? I CAN'T REMEMBER, I THINK WE'RE LIKE 44TH OUT
OF (INAUDIBLE) --
MR. PIROZZOLO: WE'RE AT THE BOTTOM.
MS. ZINERMAN: WE'RE AT THE BOTTOM, EXACTLY. SO I
WELCOME YOUR PARTNERSHIP. THANK YOU SO MUCH.
MR. PIROZZOLO: THANK YOU FOR THE LEGISLATION.
MS. ZINERMAN: YOU'RE WELCOME.
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.)
MS. ZINERMAN: ON THE BILL.
ACTING SPEAKER AUBRY: MS. ZINERMAN TO
349
NYS ASSEMBLY JUNE 8, 2023
EXPLAIN HER VOTE. ON THE BILL OR YOU'RE EXPLAINING YOUR VOTE? WELL,
NOW YOU'RE EXPLAINING YOUR VOTE.
MS. ZINERMAN: I'M EXPLAINING MY VOTE. AS NEW
YORKERS WE VOTE ON CRITICAL CHANGES TO OUR STATE CONSTITUTION AND
WEIGH IN ON IMPORTANT FISCAL DECISIONS THAT WILL IMPACT THE ENTIRE STATE
IN THE FORM OF STATEWIDE BALLOT PROPOSALS. UNFORTUNATELY, TOO OFTEN
THESE QUESTIONS ARE CONVOLUTED AND OVERLY COMPLEX LANGUAGE AND ARE
IMPENETRATABLE [SIC] TO THE AVERAGE VOTER. THIS IS DUE TO THE ALARMING
REALITY IN OUR STATE, AGAIN, I STATE THAT NEARLY 25 PERCENT OF ALL NEW
YORKERS ARE LOW LITERACY OR NON-ENGLISH PROFICIENT. BY SIMPLIFYING THE
LANGUAGE AND ELIMINATING CONFUSION JARGON, WE EMPOWER VOTERS WITH
THE KNOWLEDGE AND CONFIDENCE TO MAKE INFORMED DECISIONS. WHEN
VOTERS FEEL HEARD AND ARE UNDERSTOOD THEY ARE MORE LIKELY TO ACTIVELY
PARTICIPATE IN THE ELECTORAL PROCESS, KNOWING THAT THEIR VOICES TRULY
MATTER.
SO I ASK ALL OF MY COLLEAGUES - AND IT LOOKS LIKE YOU
HAVE - TO JOIN ME UNANIMOUSLY IN SUPPORTING THIS GREAT PIECE OF
LEGISLATION. THANK YOU ALL.
ACTING SPEAKER AUBRY: MS. ZINERMAN IN THE
AFFIRMATIVE.
MR. NOVAKHOV TO EXPLAIN HIS VOTE.
MR. NOVAKHOV: I KNOW EVERYBODY HATES ME
BECAUSE I WANT TO EXPLAIN MY VOTE AT 11:45 P.M., BUT I'LL BE VERY SHORT.
YEAH, I CO -- COSPONSORED THIS BILL. I WANT TO THANK THE SPONSOR FOR
BRINGING THIS BILL. IN MY DISTRICT IN PARTICULAR, PEOPLE WERE STOPPING BY
350
NYS ASSEMBLY JUNE 8, 2023
AT -- AT THE ELECTION DAY, AND THAT'S GONNA BE MY GOAL; WOULD YOU
EXPLAIN TO US WHAT IS WRITTEN HERE? AND SOMETIMES I, YOU KNOW,
MYSELF I -- I DIDN'T UNDERSTAND WHAT I WAS READING THERE. SO THANK YOU
SO MUCH, IT'S A GREAT BILL. THANK YOU.
ACTING SPEAKER AUBRY: MR. NOVAKHOV IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. WELL,
IT'S BEEN A GREAT DAY SO FAR, NOW WE'RE WELL INTO THE EVENING. BUT WE
ARE GOING TO MOVE FORWARD AND ASK YOU TO PLEASE CONSENT OUR A-CA --
TO MOVE OUR A-CALENDAR SO WE CAN GO RIGHT INTO CONSENT.
ACTING SPEAKER AUBRY: ON MRS. PEOPLES-
STOKES' MOTION -- WE ADVANCED IT ALREADY.
PAGE 3, RULES REPORT NO. 666, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00075-B, RULES
REPORT NO. 666, SAYEGH, GIBBS, AUBRY, SANTABARBARA, GUNTHER, CRUZ,
MCDONOUGH, BRABENEC, BEEPHAN, DESTEFANO, SLATER, FLOOD, SIMONE,
BUTTENSCHON. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION
TO NOTIFICATION OF PAST AND PRESENT BUSINESSES AND THEIR EMPLOYEES OF
POTENTIAL ELIGIBILITY FOR THE SEPTEMBER 11TH VICTIM COMPENSATION
FUND AND THE WORLD TRADE CENTER HEALTH PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
351
NYS ASSEMBLY JUNE 8, 2023
THE CLERK: THIS ACT --
ACTING SPEAKER AUBRY: OH, ON A MOTION BY
MR. SAYEGH, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON 270TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. SAYEGH TO EXPLAIN HIS VOTE.
MR. SAYEGH: THANK YOU, MR. SPEAKER. I KNOW IT'S
BEEN A LONG DAY, BUT THIS PIECE OF LEGISLATION IS REALLY CRUCIAL FOR ALL
NEW YORKERS AND EVEN THROUGHOUT THE NATION, POSSIBLY IN THE WORLD.
AFTER THE ATTACKS ON THE WORLD TRADE CENTER, SEPTEMBER 11, 2001, WE
REALIZED THAT AT THE TIME THE MESSAGING WITH REGARDS TO WHO WAS
ELIGIBLE FOR COMPENSATION AND HEALTHCARE BECAUSE OF MANY RESPIRATORY
AND CANCER-RELATED ILLNESSES, REALIZED THAT THE PEOPLE THAT WERE
RESPONDING WERE FIRST RESPONDERS. AND WHEN WE LOOKED AT THE DATA
OVER THE LAST 20-PLUS YEARS, OVER 80 PERCENT OF FIRST RESPONDERS
RESPONDED TO THE INFORMATION AVAILABLE AND APPLIED FOR THE BENEFITS
AVAILABLE. THE SAD PART ABOUT IS IT IS WE REALIZED THAT THE MESSAGING
WAS SO GEARED TO FIRST RESPONDERS THAT EVERYONE ELSE THAT WAS
ENCOURAGED TO GO BACK TO THE SITE OF THE ATTACKS BACK THEN WAS -- WAS
REALLY MISINFORMED BECAUSE THE AIR QUALITY WAS NOT SAFE. AND THERE'S
MANY INDIVIDUALS IN THE RETAIL INDUSTRY, PEOPLE THAT WERE INVOLVED WITH
352
NYS ASSEMBLY JUNE 8, 2023
RELIGIOUS INSTITUTIONS, FINANCIAL, HEALTHCARE, PEOPLE THAT WERE SICK AND
MANY THAT HAVE DIED AND NEVER KNEW THAT THEY WERE ELIGIBLE FOR THESE
BENEFITS. SO THIS LEGISLATION REQUIRES THE ECONOMIC DEVELOPMENT
DEPARTMENT AND THE DEPARTMENT OF LABOR TO GIVE NOTICE TO BUSINESSES
PAST AND PRESENT, TO EMPLOYEES PAST AND PRESENT, TO JUST MAKE THEM
AWARE AND GIVE THEM NOTICE OF THE SERVICES THAT ARE AVAILABLE. SO THIS
IS REALLY CRUCIAL, IT'S THE RIGHT THING TO DO, AND 20-PLUS YEARS LATER SO
MANY PEOPLE ARE STILL SUFFERING AND THIS PROVIDES THEM THE PROPER
NOTICE TO GET THE CARE THEY NEED.
THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. SAYEGH ON -- IN
THE AFFIRMATIVE, EXCUSE ME.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00113-A, RULES
REPORT NO. 667, L. ROSENTHAL, BICHOTTE HERMELYN, RAGA. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING MENSTRUAL
PRODUCTS IN NON-PUBLIC SCHOOLS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
353
NYS ASSEMBLY JUNE 8, 2023
(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. A00154-A, RULES
REPORT NO. 668, CRUZ, AUBRY, DESTEFANO, DICKENS, COOK, FALL,
EPSTEIN, WILLIAMS, MCMAHON, WEPRIN, VANEL, MCDONOUGH, RAMOS,
JACOBSON, STECK, LUPARDO, BRABENEC, BURGOS, DINOWITZ, COLTON,
ROZIC, REYES, LUCAS, CARROLL, THIELE, BUTTENSCHON, BENEDETTO,
SANTABARBARA, TAPIA, ANDERSON, SIMONE, ZACCARO, DE LOS SANTOS,
CUNNINGHAM, PHEFFER AMATO, RAGA, GIBBS, CHANDLER-WATERMAN,
DURSO, SILLITTI, ALVAREZ, ARDILA, LEE, DAVILA, L. ROSENTHAL. AN ACT TO
AMEND THE PENAL LAW, IN RELATION TO WAGE THEFT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ -- ON A MOTION BY MS. CRUZ, THE SENATE BILL IS BEFORE THE HOUSE.
THE SENATE BILL IS ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00295-B, RULES
REPORT NO. 669, CARROLL, SHRESTHA, DICKENS, LUPARDO, REYES, RIVERA,
ANDERSON, JACKSON, L. ROSENTHAL, THIELE, ARDILA, SEAWRIGHT, GUNTHER,
SANTABARBARA, KELLES. AN ACT TO AMEND THE PUBLIC OFF -- PUBLIC
SERVICE LAW, IN RELATION TO ADJUSTMENT OF ELECTRIC RESIDENTIAL FIXED
CHARGES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
354
NYS ASSEMBLY JUNE 8, 2023
THE CLERK: ASSEMBLY NO. A00372-A, RULES
REPORT NO. 670, BRONSON, SEAWRIGHT, DINOWITZ, GLICK, SIMONE,
SEPTIMO, KIM, EPSTEIN, BURDICK, SIMON, SILLITTI, CLARK, FORREST. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING THE
LESBIAN, GAY, BISEXUAL AND TRANSGENDER AND PEOPLE LIVING WITH HIV
LONG-TERM CARE FACILITY RESIDENTS' BILL OF RIGHTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00530-A, RULES
REPORT NO. 671, WEPRIN, OTIS, PAULIN. AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO WATCHERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00928, RULES REPORT
NO. 672, JACOBSON, PAULIN, EACHUS, MCDONALD, GIBBS, KIM, REYES.
AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO REQUIRING ELECTORS TO
VOTE FOR THE PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATE WHO WERE
NOMINATED BY THE POLITICAL PARTY THAT NOMINATED THE PRESIDENTIAL
ELECTOR.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
JACOBSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
355
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. JACOBSON TO EXPLAIN HIS VOTE.
MR. JACOBSON: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. AS EVERYONE IN THIS CHAMBER IS AWARE, WHEN WE
VOTE FOR PRESIDENT WE'RE NOT VOTING DIRECTLY FOR THE CANDIDATE FOR
PRESIDENT AND VICE PRESIDENT, WE'RE VOTING FOR ELECTORS. THUS, WE HAVE
THE ELECTORAL COLLEGE. WHAT THIS BILL WILL DO WHEN SIGNED INTO LAW, IT
WILL PROHIBIT FAITHLESS OR ROGUE ELECTORS SO THAT WHOEVER WINS THE
PRESIDENTIAL VOTE, THE ELECTORS WHICH -- WHO REPRESENT THAT PARTY MUST
VOTE FOR THE NOMINEE OF THAT PARTY. AND SHOULD THE ELECTOR REFUSE OR
FAIL TO DO THAT OR TRY TO VOTE FOR SOMEONE ELSE, IT WILL BE DEEMED A
RESIGNATION AND THERE WILL BE A SUBSTITUTION. SO THIS IS JUST ANOTHER WAY
OF MAKING SURE THAT THE ELECTIONS ARE RUN FAIRLY AND TO AVOID FRAUD.
BECAUSE I BELIEVE THAT IF -- PEOPLE WOULD WANT TO KNOW THAT IF THEY'RE
VOTING FOR A CANDIDATE FOR PRESIDENT THAT THE ELECTORS WILL VOTE FOR THEIR
WISHES.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. JACOBSON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01029-C, RULES
356
NYS ASSEMBLY JUNE 8, 2023
REPORT NO. 673 IS HIGH.
ASSEMBLY NO. A01202-B, RULES REPORT NO. 674,
JOYNER, ARDILA, REYES, SIMON, TAYLOR, GIBBS, WALKER, ZACCARO, LUCAS,
LUNSFORD. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO REQUIRING
TRAINING TO REDUCE ABUSIVE CONDUCT AND BULLYING, AND CYBERBULLYING IN
THE WORKPLACE.
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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01246, RULES REPORT
NO. 675, PEOPLES-STOKES. AN ACT TO AMEND THE LOCAL FINANCE LAW, IN
RELATION TO FACILITATING THE MARKETING OF ANY ISSUE OF SERIAL BONDS OR
NOTES OF THE CITY OF BUFFALO ISSUED ON OR BEFORE A CERTAIN DATE.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES, 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.
357
NYS ASSEMBLY JUNE 8, 2023
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS -- THIS BILL
EXTENDS FOR ONE MORE YEAR THE AUTHORITY TO THE CITY OF BUFFALO TO
ARRANGE FOR THE PRIVATE SALE OF ITS -- OF ITS BONDS, ITS DEBT, RATHER THAN
FOLLOWING A COMPETITIVE BID PROCEDURE THAT APPLIES TO VIRTUALLY EVERY
OTHER MUNICIPALITY ACROSS THE STATE, AND I THINK THE EXPERIENCE HAS
GENERALLY SHOWN THAT A COMPETITIVE BID SALE GIVES US THE BEST PRICE,
AVOIDS QUESTIONS OF COLLUSION OR FAVORITISM AND -- AND IS IN THE BEST
INTEREST OF THE PUBLIC. THIS WAS ORIGINALLY AUTHORIZED WHEN THE CITY OF
BUFFALO WAS FACING A SERIOUS FINANCIAL SITUATION; I THINK THEY ACTUALLY
HAD A CONTROL BOARD. THANKFULLY, THE CITY OF BUFFALO IS DOING MUCH
BETTER NOW AND I'M NOT SURE THAT THEY NEED THAT SAME LEVEL OF -- OF
AUTHORITY.
FOR THAT REASON I WILL NOT BE SUPPORTING IT. I DID ASK
THAT THIS BE A FAST VOTE, RECOGNIZING, HOWEVER, THAT IT IS A LOCAL BILL.
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.
THE CLERK: ASSEMBLY NO. A01256-A, RULES
REPORT NO. 676, ZEBROWSKI, SIMON, WILLIAMS, BURGOS, PAULIN,
WALLACE, K. BROWN, SIMONE. AN ACT TO AMEND THE PUBLIC HEALTH LAW,
358
NYS ASSEMBLY JUNE 8, 2023
IN RELATION TO CHILDREN'S NON-REGULATED CAMPS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZEBROWSKI, 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. A01297-B, RULES
REPORT NO. 677, BICHOTTE HERMELYN, SIMON, GONZÁLEZ-ROJAS, REYES,
COLTON, WALKER, GIBBS, KELLES, FORREST. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO REQUIRING HOSPITALS TO ADOPT, IMPLEMENT AND
PERIODICALLY UPDATE STANDARD PROTOCOLS FOR THE MANAGEMENT OF FETAL
DEMISE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
359
NYS ASSEMBLY JUNE 8, 2023
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01514, RULES REPORT
NO. 678, J.M. GIGLIO. AN ACT TO AMEND THE TOWN LAW AND THE PUBLIC
OFFICERS LAW, IN RELATION TO AUTHORIZING THE TOWN JUSTICE OF THE TOWN
OF RUSHFORD, COUNTY OF ALLEGANY, TO BE A NONRESIDENT OF SUCH TOWN.
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. A01673-A, RULES
REPORT NO. 679, HUNTER, DINOWITZ, BRONSON, RAGA, LAVINE, ALVAREZ,
MCDONALD, PAULIN, GUNTHER, SEAWRIGHT, SEPTIMO, THIELE, SHIMSKY, DE
LOS SANTOS, STECK, DAVILA, L. ROSENTHAL, SANTABARBARA, WILLIAMS,
BICHOTTE HERMELYN, FAHY, BUTTENSCHON, BURDICK, SIMONE, JACOBSON,
BENEDETTO, AUBRY, CRUZ, CLARK, SIMON, ARDILA, ZEBROWSKI, DICKENS,
CUNNINGHAM, BURGOS, DURSO, MAHER, BRABENEC, SLATER, MANKTELOW,
DESTEFANO, BARCLAY, EACHUS, MAGNARELLI, NOVAKHOV, LEVENBERG,
WEPRIN, MEEKS, ROZIC, PRETLOW, REYES, PHEFFER AMATO, WALKER, KIM,
TAYLOR, BURKE, HYNDMAN, RAMOS, WALLACE, SOLAGES. AN ACT TO AMEND
THE INSURANCE LAW AND THE SOCIAL SERVICES LAW, IN RELATION TO
REQUIRING HEALTH INSURANCE POLICIES AND MEDICAID TO COVER BIOMARKER
360
NYS ASSEMBLY JUNE 8, 2023
TESTING FOR CERTAIN PURPOSES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1,
2024.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. HUNTER TO EXPLAIN HER VOTE.
MS. HUNTER: YES. THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. IT HAS BEEN A -- A PRIVILEGE AND HONOR TO BE ABLE TO
CARRY THIS BILL IN THE STATE OF NEW YORK, WORKING WITH THE -- THE FOLKS,
MANY DIFFERENT WONDERFUL ORGANIZATIONS LIKE THE AMERICAN CANCER
SOCIETY. THIS IS FOR MY MOM WHO DIED OF CANCER, AND MY HUSBAND
WHO'S HAD CANCER, AND BOTH MY SISTERS THAT WILL DEFINITELY ALLOW FOLKS
WHO HAVE BEEN DIAGNOSED WITH CANCER TO BE ABLE TO GET BIOMARKER
TESTING TO REALLY HONE IN AND PROVIDE HEALTHCARE PROVIDERS TO GIVE THEM
THE -- THE NECESSARY TREATMENT REALLY TARGETED FOR THEIR ILLNESS. THIS IS
EXPANSION, OF COURSE, THAT THEY HAVE BEEN ALLOWING BIOMARKER TESTING
FOR SEVERAL YEARS, BUT THIS REALLY IS STATE-OF-THE-ART, WE'RE -- WE'RE
JOINING TEN OTHER STATES WHO ARE ALREADY DOING THIS, INCLUDING OUR -- OUR
FRIENDS IN TEXAS WHO PASSED THIS BILL BEFORE WE DID.
SO I APPRECIATE ALL OF MY COLLEAGUES WHO HAVE BEEN
COSPONSORS AND WHO HAVE BEEN LISTENING TO THE STORIES OF THOSE FOLKS
361
NYS ASSEMBLY JUNE 8, 2023
AFFECTED BY CANCER AND MANY OTHER ILLNESSES WHO WILL NOW BE ABLE TO
HAVE THIS WONDERFUL DIAGNOSTIC TESTING. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. HUNTER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01721-B, RULES
REPORT NO. 680, CUNNINGHAM, RIVERA, L. ROSENTHAL. AN ACT TO AMEND
THE PUBLIC SERVICE LAW, IN RELATION TO ESTABLISHING ELECTRIC VEHICLE
CHARGING STATION RELIABILITY REPORTING AND STANDARDS.
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. PALMESANO TO EXPLAIN HIS VOTE.
MR. PALMESANO: YES. THANK YOU, MR. SPEAKER
AND MY COLLEAGUES, TO EXPLAIN MY VOTE. I KNOW THIS IS GOING TO COME
AS A BIG SHOCK TO EVERYONE IN THIS CHAMBER, BUT I'M NOT A BIG
PROPONENT AND ADVOCATE OF ELECTRIC VEHICLES.
(JEERS)
NO, NO, I KNOW IT'S TRUE, REALLY. JUST IT'S TRUE, SO I DON'T
WANT TO SHOCK YOU THIS LATE. BUT THE FACT OF THE MATTER IS I UNDERSTAND
THIS IS THE PATHWAY WE'RE HEADING DOWN AS A STATE, AND I'VE BEEN
362
NYS ASSEMBLY JUNE 8, 2023
OPPOSED TO THESE FOR A NUMBER OF REASONS, BUT RELIABILITY AND RANGE
ISSUES ARE A BIG PROPONENT -- BIG ISSUE WITH ELECTRIC VEHICLES, AND I
THINK THIS LEGISLATION IS A GOOD THING. I'M GOING TO BE SUPPORTING IT
BECAUSE WE NEED TO ADDRESS THE RELIABILITY OF OUR ELECTRIC VEHICLES. BUT
I ALSO JUST WOULD URGE MY COLLEAGUES TO TAKE INTO CONSIDERATION WITH
THIS ALONG -- THERE ARE SAFETY ISSUES WITH THIS. WE KNOW THERE ARE VERY
DANGERS AND REAL DANGERS OF EV FIRES WE SEE HAPPENING OVER AND OVER
AGAIN, SO IT'S MY HOPE WHEN WE ARE LOOKING AT THESE E -- EV CHARGING
STATIONS, WHETHER THEY'RE IN GARAGES OR ALONG THE ROAD, WHEREVER IT MAY
BE, THAT WE LOOK AT, YOU KNOW, SAFETY FOR EMERGENCY SHUTOFFS AND FIRE
SUPPRESSION SYSTEMS TO -- WATER SUPPRESSION SYSTEMS TO STOP FIRES FROM
HAPPENING BECAUSE THAT'S A REAL SAFETY ISSUE. ALSO, I'M VERY CONCERNED,
DEPENDING ON WHERE THESE ARE, YOU KNOW, SOMETIMES WHEN YOU GO TO
THESE CHARGING STATIONS IT TAKES A LONG TIME TO CHARGE AND I JUST WORRY
ABOUT FAMILIES AND MAYBE IF IT'S A MOTHER AND HER CHILDREN ALONE IN A --
IN A RURAL AREA, WHEREVER THEY MAY BE, I WANT TO MAKE SURE THERE'S
LIGHTING AND SECURITY AND CAMERAS AND MAKE SURE -- BECAUSE WE DON'T
WANT CRIME TO HAPPEN IN THESE AREAS, WHICH IT COULD, ESPECIALLY IF
YOU'RE THERE FOR A PROLONGED PERIOD OF TIME THAT CAN LEAVE THAT OPEN.
AND FINALLY, I'D BE REMISS IF I DIDN'T MENTION AS WE
MAKE THIS PUSH FOR EVS, LET US PLEASE NOT FORGET, THERE ARE CHILDREN IN
THE CONGO RIGHT NOW THAT ARE -- ARE HAND MINING AND EXTRACTING COBALT
TO PRODUCE THE -- THE -- THE COBALT TO PRODUCE LITHIUM ION BATTERIES THAT
ARE USED TO POWER THESE ELECTRIC VEHICLES. SO IT'S MY HOPE AS WE
CONTINUE TO MOVE FORWARD AND THIS PASSED, THIS CHAMBER WILL KEEP THAT
363
NYS ASSEMBLY JUNE 8, 2023
IN CONSIDERATION AND MAYBE TAKE SOME ACTION TO ADDRESS THAT ISSUE AS
WELL.
SO BUT I WILL BE SUPPORTING THIS LEGISLATION, I THINK IT'S
A GOOD BILL SO I VOTE YES.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02452, RULES REPORT
NO. 682, JONES. CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XIV OF THE
CONSTITUTION, IN RELATION TO THE MOUNT VAN HOEVENBERG OLYMPIC
SPORTS COMPLEX IN ESSEX COUNTY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
JONES, 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.
364
NYS ASSEMBLY JUNE 8, 2023
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU WILL
PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER AUBRY: RULES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02816, RULES REPORT
NO. 683, JONES, SIMPSON. CONCURRENT RESOLUTION OF THE SENATE AND
THE ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XIV OF
THE CONSTITUTION, IN RELATION TO CONVEYING LAND TO DEBAR POND INSTITUTE,
INC., IN ORDER TO FACILITATE THE PRESERVATION OF HISTORIC BUILDINGS.
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.)
ACTING SPEAKER EACHUS: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02818, RULES REPORT
NO. 684, FITZPATRICK. AN ACT TO AMEND CHAPTER 397 OF THE LAWS OF
1996, RELATING TO AUTHORIZING THE TOWN OF ISLIP TO LEASE CERTAIN LANDS TO
A BUSINESS CORPORATION, IN RELATION TO THE LEASE TERM.
ACTING SPEAKER EACHUS: ON A MOTION BY
FITZPATRICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
365
NYS ASSEMBLY JUNE 8, 2023
ADVANCED. HOME RULE MESSAGING [SIC] IS AT THE DESK. READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: 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 HAS PASSED.
THE CLERK: ASSEMBLY NO. A03116-A, RULES
REPORT NO. 685, HUNTER, JEAN-PIERRE. AN ACT TO AMEND THE GENERAL
MUNICIPAL LAW AND THE VETERAN'S SERVICE LAW, IN RELATION TO DIRECTING
COUNTIES AND THE CITY OF NEW YORK TO REQUEST A CONGRESSIONALLY
CHARTERED VETERANS' ORGANIZATION TO ARRANGE FOR THE FUNERAL AND BURIAL
OF DECEASED VETERAN WHO HAS NO NEXT OF KIN OR OTHER PERSON TO MAKE
SUCH ARRANGEMENTS.
ACTING SPEAKER EACHUS: ON A MOTION BY MS.
HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
366
NYS ASSEMBLY JUNE 8, 2023
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03412-B, RULES
REPORT NO. 686, EPSTEIN, SIMON, BURDICK, SEAWRIGHT, KELLES,
GONZÁLEZ-ROJAS, MEEKS, FORREST, MAMDANI, CRUZ, TAYLOR, CARROLL,
SHRESTHA, RIVERA, RAGA, GIBBS, DARLING, AUBRY, PRETLOW, GALLAGHER,
ARDILA, CUNNINGHAM, ANDERSON, BURGOS, BORES, WALKER, LEVENBERG,
NOVAKHOV, REYES, SEPTIMO, DE LOS SANTOS, SOLAGES, JACKSON, GLICK,
SIMONE, CHANDLER-WATERMAN, ALVAREZ, BRONSON, CLARK, L. ROSENTHAL,
HEVESI, TAPIA, MITAYNES, DICKENS, ZACCARO, BICHOTTE HERMELYN, LEE,
LUCAS, OTIS. CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
PROPOSING AN AMENDMENT TO ARTICLE 1 OF THE CONSTITUTION, IN RELATION TO
THE ABOLITION OF SLAVERY FOR PERSONS CONVICTED OF CRIMES.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
EPSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04018, RULES REPORT
NO. 687, PHEFFER AMATO, WOERNER, JONES, WALLACE, BURDICK, ROZIC,
TAPIA, LAVINE, ZEBROWSKI, SILLITTI, GUNTHER, STERN, THIELE, FAHY,
LUPARDO, CLARK, CONRAD, AUBRY, RAMOS, FALL, COLTON, BARRETT,
DESTEFANO, DURSO, DARLING, JEAN-PIERRE, J.A. GIGLIO, BUTTENSCHON,
SAYEGH, WALSH, ANGELINO, SANTABARBARA. AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ESTABLISHING A
TWENTY YEAR RETIREMENT PLAN FOR MEMBERS OR OFFICERS OF LAW
ENFORCEMENT.
ACTING SPEAKER EACHUS: READ THE LAST
367
NYS ASSEMBLY JUNE 8, 2023
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
ACTING SPEAKER EACHUS: 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. A04048-B, RULES
REPORT NO. 688, GANDOLFO. AN ACT AUTHORIZING THE GRACE GOSPEL
CHURCH OF SUFFOLK TO FILE AN APPLICATION FOR RETROACTIVE REAL PROPERTY
TAX EXEMPTION.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
GANDOLFO, 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: 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. A04055-A, RULES
REPORT NO. 689, JACOBSON, EACHUS, GUNTHER, SHRESTHA, GALLAGHER,
ARDILA, BUTTENSCHON, COLTON, SHIMSKY, THIELE, SEAWRIGHT, CLARK,
368
NYS ASSEMBLY JUNE 8, 2023
DICKENS, MILLER, BRABENEC, K. BROWN, SIMON, RAGA, SANTABARBARA.
AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO THE FINALITY OF
CERTAIN UTILITY CHARGES AND THE CONTENTS OF UTILITY BILLS.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
JACOBSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04529, RULES REPORT
NO. 691, STIRPE, DICKENS, LUPARDO, REYES, HEVESI, BURGOS, GLICK,
SIMON, JEAN-PIERRE, FAHY, MAGNARELLI, MCMAHON, COLTON. AN ACT TO
AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE SECURE CHOICE
SAVINGS PROGRAM AND PARTICIPATING INDIVIDUALS.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE CLERK WILL READ -- I'M SORRY, READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: 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. A04599-A, RULES
REPORT NO. 692, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO CERTAIN CHARITABLE ANNUITIES.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
369
NYS ASSEMBLY JUNE 8, 2023
WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
ACTING SPEAKER EACHUS: 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. A04611-B, RULES
REPORT NO. 693, JEAN-PIERRE. AN ACT TO AMEND THE VETERANS' SERVICES
LAW, THE SOCIAL SERVICES LAW AND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO REMOVING THE REQUIREMENT THAT A VETERAN SERVED DURING
WARTIME TO BE GRANTED CERTAIN BENEFITS.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: 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. A04618-B, RULES
REPORT NO. 694, PEOPLES-STOKES, LUPARDO. AN ACT TO AMEND THE
370
NYS ASSEMBLY JUNE 8, 2023
CRIMINAL PROCEDURE LAW, IN RELATION TO MAKING TECHNICAL CORRECTIONS
REGARDING THE UNLAWFUL POSSESSION AND SALE OF CANNABIS.
ACTING SPEAKER EACHUS: ON A MOTION BY
MRS. PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04876, RULES REPORT
NO. 695, SOLAGES, SIMON, PHEFFER AMATO, THIELE, HEVESI, DARLING,
STERN, ANDERSON, SHIMSKY, MAMDANI, REYES, STIRPE, KELLES, LUNSFORD,
WALLACE, SHRESTHA. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO PROVIDING FOR THE AUTOMATED IDENTIFICATION OF AFFORDABILITY
PROGRAM PARTICIPANTS.
ACTING SPEAKER EACHUS: ON A MOTION BY MS.
SOLAGES, 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: 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. A04942-B, RULES
REPORT NO. 696, FORREST, TAYLOR, DARLING, HYNDMAN, LEVENBERG,
SILLITTI, MAHER, SIMON, RAGA, OTIS, MCDONALD, CHANDLER-WATERMAN,
CLARK, PRETLOW, DE LOS SANTOS, TAPIA, ALVAREZ, GIBBS, REYES,
371
NYS ASSEMBLY JUNE 8, 2023
SEPTIMO, EPSTEIN, WEPRIN, ZACCARO, STIRPE, MAMDANI, SHRESTHA,
GALLAGHER, CUNNINGHAM, MITAYNES. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO ESTABLISHING POLICIES FOR THE AWARDING OF
POSTHUMOUS DEGREES.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: 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. A05092, RULES REPORT
NO. 697, OTIS, SAYEGH, LEVENBERG. AN ACT TO AMEND THE PENAL LAW, IN
RELATION TO FEES CHARGED FOR A LICENSE TO CARRY OR POSSESS A PISTOL OR
REVOLVER IN THE COUNTY OF WESTCHESTER.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
OTIS, 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 EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
372
NYS ASSEMBLY JUNE 8, 2023
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05324, RULES REPORT
NO. 698, NORRIS, PIROZZOLO. AN ACT TO AMEND THE NOT-FOR-PROFIT
CORPORATION LAW, IN RELATION TO EXEMPTING THE CRITTENDEN VOLUNTEER
FIRE DEPARTMENT, INC. FROM THE FORTY-FIVE PERCENT LIMIT ON NON-RESIDENT
MEMBERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
NORRIS, 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. A05381, RULES REPORT
NO. 699, PAULIN, SAYEGH, ARDILA, DE LOS SANTOS. AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO DETERMINATION AND APPROVAL OF
REIMBURSEMENT RATES FOR MANAGED CARE PROVIDERS UNDER MEDICAID.
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.
373
NYS ASSEMBLY JUNE 8, 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. A05394, RULES REPORT
NO. 700, JOYNER, ALVAREZ, HEVESI, HYNDMAN, REYES, JACKSON, WALKER,
RAGA, TAPIA, KELLES, CLARK. AN ACT TO AMEND THE FAMILY COURT ACT
AND THE SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING PROCEDURES
REGARDING ORDERS OF POST-TERMINATION VISITATION AND/OR CONTACT BETWEEN
A CHILD AND SUCH CHILD'S PARENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05468-A, RULES
REPORT NO. 701, GUNTHER, ZEBROWSKI, WALLACE, GLICK, SANTABARBARA,
BUTTENSCHON, OTIS, SAYEGH. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO THE USE OF VOICE RECOGNITION FEATURES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
374
NYS ASSEMBLY JUNE 8, 2023
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05630, RULES REPORT
NO. 702, JONES, PHEFFER AMATO, BUTTENSCHON, SILLITTI, AUBRY,
SANTABARBARA. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY
LAW, IN RELATION TO ALLOWING BENEFICIARIES OF CERTAIN DECEASED
MEMBERS TO ELECT TO RECEIVE DEATH BENEFITS IN A LUMP SUM.
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. A05710, RULES REPORT
NO. 703, PHEFFER AMATO, FALL, SANTABARBARA, COLTON, BUTTENSCHON. AN
ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
CERTAIN DISABILITIES OF UNIVERSITY POLICE OFFICERS APPOINTED BY THE STATE
UNIVERSITY OF NEW YORK.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
375
NYS ASSEMBLY JUNE 8, 2023
(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. A05718-B, RULES
REPORT NO. 704, KELLES, FAHY, LEVENBERG, GONZÁLEZ-ROJAS, ARDILA,
MCMAHON, OTIS, BRONSON, LUNSFORD, EPSTEIN, CLARK, SHRESTHA,
BURDICK, REYES, CONRAD, SHIMSKY, STIRPE, JACOBSON, SIMONE, STECK,
BURGOS, BORES, MCDONALD, L. ROSENTHAL, RAGA. AN ACT TO AMEND THE
INSURANCE LAW AND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO OWNER'S
POLICIES OF LIABILITY INSURANCE ISSUED BY A RISK RETENTION GROUP NO
CHARTERED WITHIN THIS STATE.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
KELLES, 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.
THE CLERK: ASSEMBLY NO. A05734-A, RULES
REPORT NO. 705, PRETLOW, DINOWITZ, REYES, BURGOS, SAYEGH,
376
NYS ASSEMBLY JUNE 8, 2023
MCMAHON, COLTON, HYNDMAN, AUBRY, TAYLOR, WILLIAMS, SOLAGES,
ROZIC, KELLES, CUNNINGHAM, CRUZ, CHANDLER-WATERMAN, GUNTHER,
BENEDETTO, LUNSFORD, LEVENBERG, SANTABARBARA, STERN, GIBBS, WALLACE,
DAVILA, COOK, ANDERSON, ALVAREZ, ZINERMAN, JOYNER, SEPTIMO,
BENDETT, K. BROWN, MORINELLO, PIROZZOLO, DESTEFANO, FLOOD, HEVESI,
MEEKS, GONZÁLEZ-ROJAS, SIMONE, LUCAS, PEOPLES-STOKES, L.
ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
CONDUCTING EDUCATION AND OUTREACH PROGRAMS FOR INDIVIDUALS WHO HAVE
SUFFERED A PREGNANCY LOSS OR INFANT LOSS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, 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.)
MR. PRETLOW TO EXPLAIN HIS VOTE.
MR. PRETLOW: THANK YOU, MR. SPEAKER, I'D LIKE TO
EXPLAIN MY VOTE AND I WOULD ASK YOU FOR A LITTLE INDULGENCE ON MY
TIME. LAST YEAR, KAI (PHONETIC), FORMERLY OF MY OFFICE, AND HER
PARTNER, CHRIS, WERE PREGNANT WITH THEIR BABY GIRL, AVA. JUST BEFORE
KAI'S THIRD TRIMESTER, THE COUPLE RECEIVED THE NEWS THAT AVA WASN'T
GOING TO SURVIVE. AND THIS EARTH-SHATTERING PAINFUL EXPERIENCE FOR
THEM. SO MANY NEW YORKERS GET THIS SAME INFORMATION. AFTER LOSING
377
NYS ASSEMBLY JUNE 8, 2023
AVA, THE COUPLE WAS GIVEN A STAMP OF AVA'S TINY FOOTPRINTS,
INFORMATION TO CALL WHEN THEY'RE READY TO SEARCH FOR A FUNERAL HOME,
AND AN EMERGENCY MEDICAL NUMBER. NOTHING ELSE, THAT WAS IT.
BUT HER BODY DIDN'T FULLY REALIZE WHAT JUST HAPPENED.
HERE'S WHAT I MEAN. THE BODY STARTS TO PREPARE FOR WHAT IT DOES AFTER A
BABY IS BORN. SO KAI THEN BEGAN TO EXPERIENCE POST-PARTUM
SYMPTOMS, A DROP IN HORMONES, BREAST ENGORGEMENT, MILK PRODUCTION,
TERRIBLE POST-PARTUM STRESS AND DEPRESSION. BUT AS AWFUL AS THIS WAS,
KAI HAD RESOURCES. THANKFULLY, SHE AND CHRIS HAD A DUELLA, NAMED
MICHELLE WHO WAS ABLE TO HELP THEM NAVIGATE THESE CHALLENGES AND
PROVIDE THEM WITH THE RESOURCES AND INFORMATION THEY NEEDED. THEY
COULD ALSO AFFORD TO SEEK OUT THERAPISTS AND MEDICAL AND EMOTIONAL
SERVICES.
UNFORTUNATELY IN NEW YORK, THIS LEVEL OF SUPPORT IS
NOT A -- IS A PRIVILEGE AND MANY DON'T HAVE ACCESS TO IT. THEN KAI
REALIZED THAT NO MATTER HOW GOOD NEW YORK IS ON WOMEN'S HEALTH,
THERE WAS A MAJOR GAP BECAUSE THERE'S NO MANDATE IN NEW YORK'S
HEALTH SYSTEM TO PROVIDE THOSE EXPERIENCING SUCH LOSS WITH
INFORMATION AND RESOURCES FOR WHAT HAPPENS NEXT AND WHO TO REACH OUT
TO. SO THAT'S WHEN KAI CAME TO ME SO WE COULD FIND A SOLUTION IN THE
LEGISLATURE TO GIVE THOSE EXPERIENCING PREGNANCY LOSS THE SUPPORT AND
RESOURCES THEY NEED, AND TO CREATE A SYSTEM WHERE THOSE EXPERIENCING
PREGNANCY LOSS WON'T FEEL ALONE.
UNDER AVA'S LAW, HOSPITALS AND BIRTHING CENTERS MUST
PROVIDE INFORMATION WHEN THE UNTHINKABLE HAPPENS. THEY WILL LET
378
NYS ASSEMBLY JUNE 8, 2023
THOSE EXPERIENCING PREGNANCY LOSS KNOW THE PHYSICAL AND MENTAL
SYMPTOMS TO EXPECT, WHERE TO TURN, WHAT TO ASK AND WHAT RESOURCES ARE
AVAILABLE. UNDER AVA'S LAW, THOSE WHO DO NOT HAVE THE RESOURCES OR
WORK OF SUPPORT CAN GET ANSWERS AND NOT BE LEFT ALONE. I'M PROUD TO BE
HERE TODAY TO SEE AVA'S LAW PASSED IN THE ASSEMBLY AND FORMALLY
PASSED IN THE SENATE, AND I'M GRATEFUL AND PROUD TO KNOW THAT KAI IS AN
AWESOME YOUNG WOMAN WHO FOUGHT FOR THIS, AND WE LOOK FORWARD TO --
YEAH, I GET EMOTIONAL NOW. I'M SORRY. LOOKING FORWARD TO THE PASSAGE
OF THIS AND I'M JUST THANKFUL THAT SHE HAD THE FORESIGHT TO DO THIS AND
MAKE THIS A LAW IN THE STATE OF NEW YORK. SO I PROUDLY VOTE YES,
THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. PRETLOW --
(APPLAUSE)
MR. PRETLOW IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05774-A RULES
REPORT NO. 706, FRIEND, PALMESANO. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO EXTENDING THE AUTHORIZATION OF THE COUNTY OF CHEMUNG TO
IMPOSE AN ADDITIONAL ONE PERCENT OF SALE AND COMPENSATING USE TAXES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
FRIEND, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
379
NYS ASSEMBLY JUNE 8, 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. A05844-B, RULES
REPORT NO. 707, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING THE
ASSESSOR OF THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK TO ACCEPT AN
APPLICATION FOR A REAL PROPERTY TAX EXEMPTION FROM DE BATHESDA
EGLISE.
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. A05879-A, RULES
REPORT NO. 708, SEAWRIGHT, MCDONALD, GUNTHER, ALVAREZ, MCMAHON,
LUNSFORD, SANTABARBARA. AN ACT TO AMEND THE PRIVATE HOUSING FINANCE
380
NYS ASSEMBLY JUNE 8, 2023
LAW, THE PUBLIC AUTHORITIES LAW AND THE NEW YORK STATE MEDICAL
CARE FACILITIES FINANCE AGENCY ACT, IN RELATION TO REPLACING THE TERMS
"MENTALLY RETARDED" AND "MENTAL RETARDATION" AND VARIANTS THEREOF WITH
"DEVELOPMENTALLY DISABLED" AND "DEVELOPMENTAL DISABILITY".
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SEAWRIGHT, 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. A05927, RULES REPORT
NO. 709, THIELE. AN ACT PERMITTING THE VILLAGE BOARD OF THE VILLAGE OF
SOUTHAMPTON TO PROVIDE HEALTH INSURANCE COVERAGE FOR ENROLLED
MEMBERS OF THE SOUTHAMPTON VILLAGE OCEAN RESCUE.
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.
381
NYS ASSEMBLY JUNE 8, 2023
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05931, RULES REPORT
NO. 710, THIELE. AN ACT PERMITTING THE TOWN BOARD OF THE TOWN OF
EAST HAMPTON TO PROVIDE HEALTH INSURANCE COVERAGE FOR ENROLLED
MEMBERS OF THE EAST HAMPTON VOLUNTEER OCEAN RESCUE AND AUXILIARY
SQUAD.
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. A06040, RULES REPORT
NO. 711, BRONSON, CRUZ, ROZIC, SIMON, REYES, BICHOTTE HERMERLYN,
SEAWRIGHT, DICKENS, HEVESI, GALLAGHER, DINOWITZ, BURGOS, KELLES,
MITAYNES, BURDICK, GONZÁLEZ-ROJAS, EPSTEIN, GLICK, L. ROSENTHAL,
BORES. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ENACTING THE
"FREELANCE ISN'T FREE ACT".
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.
382
NYS ASSEMBLY JUNE 8, 2023
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.
THE CLERK: ASSEMBLY NO. A06049, RULES REPORT
NO. 712, MCMAHON. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO MEDICAL ASSISTANCE TO CERTAIN DISABLED INDIVIDUALS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
MCMAHON, 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. A06100, RULES REPORT
NO. 713, WEPRIN. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK, IN RELATION TO REPAIR OR REPLACEMENTS OF DAMAGED
RESIDENTIAL LATERAL SEWER AND WATER PIPES.
383
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06132-A, RULES
REPORT NO. 714, CARROLL, THIELE, BURGOS. AN ACT TO AMEND THE
ELECTION LAW, IN RELATION TO REGISTRATION OF VOTERS DURING EARLY VOTING.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06167, RULES REPORT
NO. 715, DIPIETRO. AN ACT TO AMEND THE PARKS, RECREATION AND
HISTORIC PRESERVATION LAW, IN RELATION TO THE USE OF SNOWMOBILES IN THE
TOWN OF CONCORD, COUNTY OF ERIE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DIPIETRO, 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. A06171, RULES REPORT
NO. 716, MORINELLO. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
384
NYS ASSEMBLY JUNE 8, 2023
AUTHORIZING THE COUNTY OF NIAGARA TO CONTINUE TO IMPOSE AN ADDITIONAL
RATE OF SALES AND COMPENSATING USE TAXES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MORINELLO, 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. A06289-B, RULES
REPORT NO. 717, HEVESI, GONZÁLEZ-ROJAS. AN ACT TO AMEND THE FAMILY
COURT ACT, IN RELATION TO THE CONFIDENTIALITY AND EXPUNGEMENT OF
RECORDS IN JUVENILE DELINQUENCY CASES IN THE FAMILY COURT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06310-A, RULES
REPORT NO. 718, K. BROWN. AN ACT RELATING TO ESTABLISHING THE POWER
PLANT TAX ASSESSMENT CHALLENGE RESERVE FUND.
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.)
385
NYS ASSEMBLY JUNE 8, 2023
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06567, RULES REPORT
NO. 719, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO
DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SPECIALIST
PETER J. LORETTO, JR. MEMORIAL BRIDGE".
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DIPIETRO, 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. A06624-A, RULES
REPORT NO. 720, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS
"SPECIALIST GERALD B. PENN MEMORIAL BRIDGE".
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DIPIETRO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
386
NYS ASSEMBLY JUNE 8, 2023
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. A06689-A, RULES
REPORT NO. 721, GANDOLFO. AN ACT IN RELATION TO AUTHORIZING THE
CHABAD OF ISLIP TOWNSHIP, INC. TO RECEIVE RETROACTIVE REAL PROPERTY TAX
EXEMPT STATUS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GANDOLFO, 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. A06701-A, RULES
REPORT NO. 722, SLATER. AN ACT TO AUTHORIZE THE TOWN OF YORKTOWN,
COUNTY OF WESTCHESTER, TO DISCONTINUE AS PARKLANDS AND LEASE CERTAIN
LANDS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
387
NYS ASSEMBLY JUNE 8, 2023
SLATER, 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. A06738, RULES REPORT
NO. 723, TAGUE. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO PERMITTING CERTAIN DEFENDANTS IN A CRIMINAL ACTION IN
DELAWARE, OTSEGO OR SCHOHARIE COUNTY TO APPEAR ELECTRONICALLY, WITH
THE APPROVAL OF THE COURT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
TAGUE -- 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. A06812-B, RULES
REPORT NO. 724, SIMPSON. AN ACT TO AMEND THE PUBLIC OFFICERS LAW,
388
NYS ASSEMBLY JUNE 8, 2023
IN RELATION TO WAIVING THE RESIDENCY REQUIREMENT FOR CERTAIN COUNTY
ATTORNEY POSITIONS WITHIN ESSEX COUNTY.
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. A06834-A, RULES
REPORT NO. 725, JEAN-PIERRE. AN ACT TO AMEND CHAPTER 154 OF THE
LAWS OF 1921, RELATING TO THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY, IN RELATION TO MILITARY LEAVE FOR ALL REPRESENTED AND
NON-REPRESENTED PERSONS EMPLOYED BY THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY.
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. A06916-A, RULES
389
NYS ASSEMBLY JUNE 8, 2023
REPORT NO. 726, CURRAN. AN ACT AUTHORIZING UNITED CHURCH OF GOD
SEVENTH DAY TO RECEIVE RETROACTIVE REAL PROPERTY TAX EXEMPT STATUS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CURRAN, 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. A06924, RULES REPORT
NO. 727, HUNTER. AN ACT IN RELATION TO THE STUDY OF THE UTILIZATION OF
STATE GOVERNMENT PAYMENTS AS AN OPPORTUNITY TO TRANSITION UNBANKED
AND UNDERBANKED STATE RESIDENTS INTO THE BANKING SYSTEM.
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. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. THIS BILL
CALLS FOR THE STUDY OF THE UTILIZATION OF STATE GOVERNMENT PAYMENTS AS
AN OPPORTUNITY TO IMPROVE BANKING OPPORTUNITIES. I THINK THAT'S A GREAT
390
NYS ASSEMBLY JUNE 8, 2023
IDEA. IT WOULD BE EVEN BETTER IF THE REPORT THAT IS PRODUCED WAS
PROVIDED TO THE MINORITY, AS WELL AS THE MAJORITY SINCE WE TEND TO
REPRESENT ABOUT ONE-THIRD OF THE STATE. AND MORE IMPORTANTLY, FOR THE
PURPOSE OF THIS BILL REPRESENT MANY AREAS THAT COULD USE SOME
IMPROVEMENT IN BANKING OPPORTUNITIES. SO I WOULD IMPLORE THE
MAJORITY TO INCLUDE THESE REPORTS AND HAVE THEM SENT TO THE MINORITY
AS WELL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06972, RULES REPORT
NO. 728, OTIS. AN ACT TO AMEND THE STATE TECHNOLOGY LAW, IN RELATION
TO STATE AGENCY WEBSITES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
OTIS, 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: 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.
391
NYS ASSEMBLY JUNE 8, 2023
THE CLERK: ASSEMBLY NO. A07098, RULES REPORT
NO. 729, BENDETT. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
EXTENDING THE AUTHORITY OF THE COUNTY OF COLUMBIA TO IMPOSE AN
ADDITIONAL RATE OF SALES AND COMPENSATING USE TAX.
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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07129-A, RULES
REPORT NO. 730, SLATER. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING AN OCCUPANCY TAX IN THE TOWN OF PUTNAM VALLEY, IN
PUTNAM COUNTY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SLATER, 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.
392
NYS ASSEMBLY JUNE 8, 2023
(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. A07164, RULES REPORT
NO. 731, SEPTIMO, EPSTEIN, STIRPE, REYES, COLTON, ALVAREZ,
GONZÁLEZ-ROJAS, SEAWRIGHT, CUNNINGHAM. AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO TAX EXEMPTIONS FOR PERSONS WITH
DISABILITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SEPTIMO, 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 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.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07173, RULES REPORT
NO. 732, JEAN-PIERRE, RAGA, EACHUS, SANTABARBARA, BUTTENSCHON. AN
ACT TO AMEND THE VETERANS' SERVICES LAW, IN RELATION TO REQUIRING ALL
STATE AGENCIES TO APPOINT VETERANS' LIAISONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
393
NYS ASSEMBLY JUNE 8, 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.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07287-A, RULES
REPORT NO. 733, LEMONDES. AN ACT TO AMEND THE TAX LAW, IN RELATION
TO AUTHORIZING AN OCCUPANCY TAX IN THE VILLAGE OF SKANEATELES; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LEMONDES, 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. A07333, RULES REPORT
NO. 734, BRONSON. AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW,
AND THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN
394
NYS ASSEMBLY JUNE 8, 2023
RELATION TO CERTAIN ECONOMIC DEVELOPMENT PROGRAMS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07334, RULES REPORT
NO. 735, BICHOTTE HERMELYN. AN ACT TO AMEND THE NEW YORK CITY
CHARTER, IN RELATION TO THE PROCUREMENT LIMIT FOR BUSINESSES OWNED BY
WOMEN AND MINORITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07391-A, RULES
REPORT NO. 736, LEMONDES. AN ACT TO AMEND THE TAX LAW, IN RELATION
TO AUTHORIZING AN OCCUPANCY TAX IN THE VILLAGE OF WEEDSPORT; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LEMONDES -- OH, I'M SORRY. HOME RULE MESSAGE 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. A07404, RULES REPORT
NO. 737, SOLAGES, MCDONALD, ZEBROWSKI. AN ACT TO AMEND THE STATE
395
NYS ASSEMBLY JUNE 8, 2023
FINANCE LAW, IN RELATION TO REQUIRING THE PUBLIC POSTING OF CERTAIN
CONTRACTS OTHERWISE SUBJECT TO PRIOR APPROVAL OF COMPTROLLER.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, 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 30TH
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. A07415, RULES REPORT
NO. 738, HAWLEY. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO
DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SP4 GEORGE
HAROLD FRY MEMORIAL HIGHWAY".
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
HAWLEY, 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.
396
NYS ASSEMBLY JUNE 8, 2023
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07615, RULES REPORT
NO. 739, SMULLEN. AN ACT TO AMEND CHAPTER 326 OF THE LAWS OF 2006
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF HAMILTON
TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATIONS SECURED BY MORTGAGES
ON REAL PROPERTY, IN RELATION TO EXTENDING THE EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SMULLEN, 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. A07645, RULES REPORT
NO. 740, THIELE. AN ACT TO AMEND CHAPTER 438 OF THE LAWS OF 2022
RELATING TO THE ADOPTION AND SUBMISSION OF AN ANNUAL BUDGET BY THE
TRUSTEE OF THE FREEHOLDERS AND COMMONALTY OF THE TOWN OF
SOUTHAMPTON, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
397
NYS ASSEMBLY JUNE 8, 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. A07647, RULES REPORT
NO. 741, THIELE. AN ACT AUTHORIZING THE TOWN OF SOUTHAMPTON, COUNTY
OF SUFFOLK, TO ALIENATE CERTAIN PARKLANDS FOR THE PURPOSE OF INSTALLING
AN ALGAE SKIMMER IN LAKE AGAWAM, AND TO REPLACE SUCH ALIENATED
PARKLAND WITH A NEW, DEDICATED PARKLAND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS
PAULIN [SIC], THE SENATE BILL IS BEFORE THE HOUSE -- OH, I'M SORRY. WE'RE
ON MR. THIELE. ON A MOTION BY MR. THIELE, 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. A07674, RULES REPORT
398
NYS ASSEMBLY JUNE 8, 2023
NO. 742, PAULIN, BURDICK. AN ACT IN RELATION TO AUTHORIZING THE CITY OF
WHITE PLAINS TO ALIENATE PROPERTY OWNED BY THE CITY OF WHITE PLAINS
AND OPERATED AS THE FORMER GALLERIA OF WHITE PLAINS PUBLIC PARKING
GARAGE.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
PAULIN, 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. A07692, RULES REPORT
NO. 745, ZACCARO, PEOPLES-STOKES. AN ACT TO AMEND THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO
PERMITTING CERTAIN TAX DEDUCTIONS RELATED TO THE SALE, PRODUCTION, OR
DISTRIBUTION OF CANNABIS PRODUCTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZACCARO, 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.
399
NYS ASSEMBLY JUNE 8, 2023
(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. A07755, RULES REPORT
NO. 746 IS HIGH.
ASSEMBLY NO. A07757, RULES REPORT NO. 747 IS HIGH.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS
HAVE ON THEIR DESK A B-CALENDAR. I WOULD LIKE TO MOVE TO ADVANCE THAT
CALENDAR.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES THE B-CALENDER IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. NOW IF
WE COULD CALL OUR ATTENTION TO THE MAIN CALENDAR AND GO TO OUR
RESOLUTIONS ON PAGE 3.
ACTING SPEAKER AUBRY: ON THE MAIN
CALENDER, PAGE 3, RESOLUTIONS, ASSEMBLY NO. 687. CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 687, MR. THIELE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 10, 2023, AS DRAGONFLY DAY IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
400
NYS ASSEMBLY JUNE 8, 2023
ADOPTED.
THE CLERK: ASSEMBLY NO. 688, MRS. GUNTHER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2023, AS POST-TRAUMATIC STRESS INJURY
AWARENESS MONTH, AND JUNE 27, 2023, AS POST TRAUMATIC STRESS INJURY
AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 689, MS. REYES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 25, 2023, AS AFRO-LATINA,
AFRO-CARIBBEAN, AND AFRICAN DIASPORA WOMEN'S DAY IN THE STATE OF
NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 690, MS. SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 2023, AS FIBROID AWARENESS MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 691, MR. JONES.
401
NYS ASSEMBLY JUNE 8, 2023
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM AUGUST 1-7, 2023, AS ADIRONDACK WATER
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 692, MR. ALVAREZ.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM AUGUST 16, 2023, AS HISPANIC MEDIA DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 693, MR. BRONSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 11, 2023, AS COMING OUT DAY IN
THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL
COMING OUT DAY.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 694, MR. SMITH.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 24-28, 2023, AS STRANGER SAFETY
AND EDUCATION AWARENESS WEEK IN THE STATE OF NEW YORK.
402
NYS ASSEMBLY JUNE 8, 2023
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 695, MS. JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 29-NOVEMBER 4, 2023, AS VETERANS
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 696, MS. HUNTER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 2023, AS CAREERS AND CONSTRUCTION
MONTH IN THE STATE OF NEW YORK IN CONJUNCTION WITH THE OBSERVANCE OF
NATIONAL CAREERS AND CONSTRUCTION MONTH.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 697, MR. BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 2023, AS GERMAN-AMERICAN
HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
403
NYS ASSEMBLY JUNE 8, 2023
THE CLERK: ASSEMBLY NO. 698, MR. MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM NOVEMBER 2023, AS EPILEPSY AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 699, MR. SANTABARBARA.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM NOVEMBER 2023, AS ALPHA-1 AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION
ADOPTED.
MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL
BE A REPUBLICAN CONFERENCE IN THE MORNING AT 9:00 A.M. IN THE PARLOR.
ACTING SPEAKER AUBRY: REPUBLICAN
CONFERENCE 9:00 A.M. IN THE PARLOR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE CERTAINLY HAVE A
FEW RESOLUTIONS, ALL FINE I'M SURE.
ON THE RESOLUTIONS, WE WILL TAKE THEM UP WITH ONE
404
NYS ASSEMBLY JUNE 8, 2023
VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 700-713
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL 9:30 A.M., FRIDAY, JUNE THE 9TH,
TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 1:38 A.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL FRIDAY, JUNE 9TH AT 9:30 A.M., FRIDAY BEING A SESSION
DAY.)
405