MONDAY, MARCH 2, 2020                                               4:54 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 FRIDAY, FEBRUARY 28TH.

                                 MRS. PEOPLES-STOKES.

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

                                          1



                    NYS ASSEMBLY                                                    MARCH 3, 2020

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

                    FEBRUARY THE 28TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, AND TO MY COLLEAGUES.  I WANT TO THANK YOU FOR YOUR PATIENCE

                    IN US BEING ABLE TO GET STARTED HERE TODAY.  THERE WERE SOME VERY

                    IMPORTANT ISSUES THAT CAME UP THAT WE NEEDED TO DEAL WITH, BUT I WOULD

                    LIKE TO SHARE A QUOTE THAT I THINK IS REALLY APPROPRIATE FOR TODAY AND

                    TODAY'S TIME.  WE ARE JUST AT THE VERY BEGINNING OF THE OPPORTUNITY TO

                    CELEBRATE WOMEN'S HISTORY MONTH.  MUCH LIKE ONE MONTH IS NOT

                    ENOUGH TO CELEBRATE THE HISTORY OF AFRICAN-AMERICANS IN THIS COUNTRY, I

                    DON'T THINK ONE MONTH IS LONG ENOUGH TO CELEBRATE WOMEN'S HISTORY

                    EITHER, BUT LET'S GO, MR. SPEAKER.  TODAY WE'RE GOING TO DO MARY

                    MCLEOD BETHUNE -- THANK YOU.  MARY MCLEOD BETHUNE WAS AN

                    AMERICAN EDUCATOR, A STATESWOMEN, A PHILANTHROPIST, HUMANITARIAN AND

                    A CIVIL RIGHTS ACTIVIST.  HER QUOTE TODAY IS, "A WOMAN IS FREE IF SHE

                    LIVES BY HER OWN STANDARDS AND CREATES HER OWN DESTINY, IF SHE PRIZES

                    HER INDIVIDUALITY AND PUTS NO BOUNDARIES ON HER HOPES FOR TOMORROW."

                    AGAIN, THOSE WORDS ARE FROM MARY MCLEOD BETHUNE.

                                 MR. SPEAKER AND COLLEAGUES, YOU HAVE ON YOUR DESK A

                    MAIN CALENDAR AND A DEBATE LIST.  AFTER ANY INTRODUCTIONS AND/OR

                    HOUSEKEEPING, WE WILL BEGIN TO CONSENT ONE OF THE NEW -- 45 NEW BILLS,

                    BEGINNING WITH CALENDAR NO. 414, IT'S ON PAGE 4.  AND THEN WE'RE

                                          2



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    GOING TO GO THROUGH CALENDAR NO. 458, WHICH IS ON PAGE 11.  WE ALSO

                    MAY TAKE UP A FEW BILLS FROM THE DEBATE LIST AND WE WILL DEFINITELY

                    HAVE TO HAVE A MAJORITY CONFERENCE AT THE CONCLUSION OF OUR WORK

                    TODAY ON THE FLOOR.  WE WILL CHECK WITH OUR COLLEAGUES ON THE OTHER

                    SIDE OF THE AISLE TO DETERMINE THEIR NEEDS.

                                 MR. SPEAKER, THAT'S A GENERAL OUTLINE.  IF THERE ARE

                    INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.

                                 FIRST HOUSEKEEPING, MS. GLICK.

                                 ON A MOTION BY MS. GLICK, PAGE 20, CALENDAR NO. 58,

                    BILL NO. A01184, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. ENGLEBRIGHT, PAGE 38, CALENDAR

                    NO. 177, BILL NO. A04620, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 FOR THE PURPOSE OF A [SIC] INTRODUCTION, MS.

                    SEAWRIGHT.

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

                    ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSE OF AN

                    INTRODUCTION.  ON BEHALF OF ASSEMBLYMAN OTIS, ASSEMBLYMEMBER

                    DICKENS AND ASSEMBLYMEMBER O'DONNELL, I WOULD LIKE TO INTRODUCE

                    MS. CHRISTINE CROWTHER, EXECUTIVE DIRECTOR OF THE NEW YORK CENTER

                    FOR CHILDREN, AND DR. BARBARA ROSEN, A BOARD MEMBER OF THE CENTER

                    LOCATED IN MY DISTRICT.

                                 THE NEW YORK CENTER FOR CHILDREN IS A CHILD-FRIENDLY

                    CENTER PROVIDING FREE COMPREHENSIVE EVALUATION AND THERAPY SERVICES

                    TO VICTIMS OF CHILD ABUSE AND THEIR FAMILIES.  WITH THE LEADERSHIP OF

                                          3



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THESE TWO DISTINGUISHED WOMEN, THE CENTER FOR CHILDREN HAS BEEN ABLE

                    TO HELP COUNTLESS VICTIMS.  THE SERVICES PROVIDED BY THE NEW YORK

                    CENTER FOR CHILDREN INCLUDES THERAPY, MEDICAL EXAMINATIONS, CRISIS

                    INTERVENTION AND COUNSELING, AS WELL AS MANY EDUCATIONAL PROGRAMS.

                    WE ARE DELIGHTED TO WELCOME THEM TO THE CAPITOL TODAY AND I ASK THAT

                    YOU EXTEND TO THEM, MR. SPEAKER, THE COURTESIES OF THE HOUSE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. SEAWRIGHT, MS. DICKENS, MR. OTIS, MR. O'DONNELL, WE WELCOME

                    YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

                    PRIVILEGES OF THE FLOOR.  THANK YOU FOR YOUR PATIENCE AS WE WAITED FOR

                    THIS DAY TO ORGANIZE ITSELF.  CLEARLY, WE'RE PLEASED TO HAVE YOU.

                    CONTINUE THE GREAT WORK THAT YOU'RE DOING AND WE WISH YOU WELL.  YOU

                    ARE ALWAYS WELCOME HERE.  THANK YOU.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE CAN


                    GO TO PAGE 3 AND BEGIN RESOLUTIONS AT ASSEMBLY NO. 806.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 806, MR.

                    CYMBROWITZ.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MARCH 2020, AS COLORECTAL CANCER

                    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

                                          4



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 807, MS.

                    JOYNER.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MARCH 2, 2020, AS READ ACROSS AMERICA 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.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE COULD

                    NOW GO TO PAGE 4 AND BEGIN WITH CALENDAR NO. 414.

                                 ACTING SPEAKER AUBRY:  BEFORE WE DO THAT,

                    ONE MORE HOUSEKEEPING.

                                 ON A MOTION BY MRS. BARRETT, PAGE 5, CALENDAR NO.

                    421, BILL NO. A02756, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 THE CLERK WILL READ.  PAGE 4, CALENDAR NO. 414.


                                 THE CLERK:  ASSEMBLY NO. A00101, CALENDAR NO.

                    414, BUCHWALD, ENGLEBRIGHT, LUPARDO, COLTON, MOSLEY, GUNTHER,

                    BICHOTTE, LIFTON, GOTTFRIED, ROZIC, RYAN, BARRETT, OTIS, STECK,

                    ZEBROWSKI, BLAKE, JAFFEE, BARRON, ARROYO, WALKER, QUART, CAHILL,

                    GALEF, ABINANTI, L. ROSENTHAL, D'URSO, WEPRIN, MCMAHON, REYES,

                    GRIFFIN, ORTIZ, WALLACE, EPSTEIN, FAHY.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO BANNING THE

                    ACCEPTANCE OF HIGH VOLUME HYDRAULIC FRACTURING WASTEWATER FROM OIL OR

                    NATURAL GAS EXTRACTION AT WASTEWATER TREATMENT FACILITIES AND SOLID

                                          5



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    WASTE MANAGEMENT FACILITIES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00703, CALENDAR NO.

                    415, GLICK, D'URSO, ORTIZ, JAFFEE, GOTTFRIED, ABINANTI, MOSLEY, L.

                    ROSENTHAL, FAHY, ARROYO, COLTON, JACOBSON, STECK, PERRY.  AN ACT TO

                    AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING

                    THE USE OF LEAD AMMUNITION IN THE TAKING OF WILDLIFE ON STATE-OWNED

                    LAND AND LAND CONTRIBUTING SURFACE WATER TO THE NEW YORK CITY WATER

                    SUPPLY.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01072, CALENDAR NO.

                    416, JAFFEE, LUPARDO, D'URSO, SIMON, SIMOTAS, GOTTFRIED, ABINANTI,

                    COLTON, JEAN-PIERRE, M. L. MILLER, WRIGHT, TAYLOR, BARRON, DICKENS,

                    M. G. MILLER.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

                    COMPELLING FAMILY REASONS AND THE CONTINUANCE OF UNEMPLOYMENT

                    BENEFITS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01498, CALENDAR NO.

                    417, GALEF, L. ROSENTHAL, ENGLEBRIGHT, WEPRIN, SEAWRIGHT.  AN ACT TO

                    AMEND THE GENERAL BUSINESS LAW, IN RELATION TO AVAILABILITY FOR SALE OF

                    ADVERTISED MERCHANDISE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. 418 -- ASSEMBLY NO.

                    A01864, CALENDAR NO. 418, ABINANTI, GALEF, JACOBSON, D'URSO.  AN

                    ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE USE OF VOTING SYSTEMS

                                          6



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    BY MUNICIPALITIES.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I JUST WANT TO REMIND COLLEAGUES IN AND AROUND THE CHAMBERS

                    TO CAST YOUR VOTE.  THIS IS THE FIRST VOTE OF THE FIRST DAY OF THE EIGHTH

                    WEEK OF THE 243RD LEGISLATIVE SESSION.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    LADIES AND GENTLEMEN.  PLEASE CAST YOUR BALLOT IF YOU ARE IN YOUR SEAT.

                    IF YOU'RE IN THE SOUND OF OUR VOICE, COME TO THE CHAMBER AND VOTE.

                    THANK YOU.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01902, CALENDAR NO.

                    419, LENTOL, GOTTFRIED.  AN ACT TO AMEND THE ALCOHOLIC BEVERAGE

                    CONTROL LAW, IN RELATION TO PROCEDURES ASSOCIATED WITH ISSUING RETAIL

                    AND SPECIAL RETAIL LICENSES TO SELL LIQUOR FOR ON-PREMISES CONSUMPTION

                    REGARDING PREMISES LOCATED WITHIN FIVE HUNDRED FEET OF THREE OR MORE

                    EXISTING PREMISES IN CITIES, TOWNS AND VILLAGES HAVING A POPULATION OF

                    TWENTY THOUSAND OR MORE.

                                          7



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A02579-A, CALENDAR

                    NO. 420, DINOWITZ.  AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

                    RULES, IN RELATION TO WHEN THIRD-PARTY PRACTICE IS ALLOWED.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A02756, CALENDAR NO.

                    421 HAS BEEN AMENDED.


                                 ASSEMBLY NO. A03033, CALENDAR NO. 422, SOLAGES,

                    ORTIZ, COLTON, M. G. MILLER.  AN ACT TO AMEND THE LABOR LAW, IN

                    RELATION TO REGULATIONS PROMULGATED FOR SYSTEMATIC AND SUSTAINED

                    EFFORTS TO FIND WORK FOR UNEMPLOYMENT BENEFITS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04129-A, CALENDAR

                    NO. 423, CYMBROWITZ, RODRIGUEZ.  AN ACT TO AMEND THE PRIVATE

                    HOUSING FINANCE LAW, IN RELATION TO THE MEMBERSHIP OF THE NEW YORK

                    STATE HOUSING FINANCE AGENCY, THE HOUSING TRUST FUND CORPORATION

                    AND THE AFFORDABLE HOUSING CORPORATION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04464, CALENDAR NO.

                    46 -- 424, PRETLOW, M. G. MILLER.  AN ACT TO AMEND THE TAX LAW, IN

                    RELATION TO REQUIRING LOTTERY SALES AGENTS TO RETURN PREVIOUSLY PURCHASED

                    LOTTERY TICKETS TO THE PERSON SUBMITTING THEM TO SUCH AGENT FOR

                    VERIFICATION OF PRIZES.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                          8



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 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. A05620, CALENDAR NO.

                    425, WEINSTEIN, WEPRIN, SEAWRIGHT, BRONSON, L. ROSENTHAL, TAYLOR.

                    AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES AND THE SURROGATE'S

                    COURT PROCEDURE ACT, IN RELATION TO ADDRESSING DELAY IN PAYMENT OF A

                    SETTLEMENT WHERE THE SETTLEMENT REQUIRES COURT APPROVAL.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07119, CALENDAR NO.

                    426, BENEDETTO, D'URSO, OTIS.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO THE SMART SCHOOLS REVIEW BOARD.

                                 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. SMITH TO EXPLAIN HIS VOTE.

                                 MR. SMITH:  THANK YOU, MR. SPEAKER.  I JUST WANT

                    TO TAKE A MOMENT TO COMMEND THE SPONSOR ON THIS BILL.  THE SMART

                    SCHOOLS REVIEW BOARD, WHICH WAS ESTABLISHED FOLLOWING THE SMART

                    SCHOOLS BOND ACT IN 2014, IT'S A -- IT'S A COMMITTEE OF THREE PEOPLE, THE

                                          9



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    BUDGET DIRECTOR, THE SUNY CHANCELLOR AND THE EDUCATION

                    COMMISSIONER, AND IT'S REQUIRED TO MEET -- IT'S SUPPOSED TO MEET EVERY

                    THREE MONTHS, FOUR TIMES A YEAR.  AND I'M SO HAPPY THAT THIS BILL IS

                    GOING FORWARD TO ACTUALLY CODIFY THAT INTO LAW.  UNFORTUNATELY, FROM

                    THE DATE IT PASSED AND WAS APPROVED BY THE VOTERS, IT HAS ONLY MET 14

                    TIMES, JUST THE OTHER DAY WAS ONE OF THEIR MOST RECENT MEETINGS, AND I

                    THINK THAT'S ABSOLUTELY TERRIBLE FOR THE FACT THAT $2 BILLION HAS NOW BEEN

                    STRETCHED OUT OVER ALMOST FIVE YEARS, AND THAT'S MONEY THAT IS CRITICAL TO

                    SCHOOLS IN OUR DISTRICTS.

                                 JUST THE OTHER DAY, TWO SCHOOLS DISTRICTS THAT I

                    REPRESENT, THE MIDDLE COUNTRY SCHOOL DISTRICT AND THE CONNETQUOT

                    SCHOOL DISTRICT WERE JUST APPROVED FOR $5 MILLION AND $1 MILLION

                    RESPECTIVELY, AND THESE ARE CRITICAL UPDATES FOR SCHOOL SECURITY.  AND IN

                    THE TOUGH TIME THAT WE'RE DEALING WITH, I THINK THAT THESE ARE IMPORTANT

                    STEPS THAT NEED TO BE TAKEN.  SO I WANT TO COMMEND THE SPONSOR, AGAIN,

                    ENCOURAGE MY COLLEAGUES TO VOTE IN FAVOR OF THIS BILL AND THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. SMITH IN THE

                    AFFIRMATIVE AND YOU'RE WELCOME, SIR.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07334-B, CALENDAR

                    NO. 427, REYES, LIFTON, DICKENS, COLTON, GOTTFRIED, ENGLEBRIGHT,

                    DESTEFANO, MCDONOUGH, MOSLEY, PICHARDO, JAFFEE, GLICK, NIOU,

                                         10



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    ARROYO, PERRY, RODRIGUEZ.  AN ACT TO AMEND THE PUBLIC SERVICE LAW,

                    IN RELATION TO REQUIRING GAS PIPELINE FACILITIES TO ACCELERATE THE REPAIR,

                    REHABILITATION, AND REPLACEMENT OF EQUIPMENT OR PIPELINES THAT ARE

                    LEAKING OR AT A HIGH RISK OF LEAKING.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07438, CALENDAR NO.

                    428, DINOWITZ.  AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

                    RELATION TO ARBITRATION ORGANIZATIONS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07812-A, CALENDAR

                    NO. 429, L. ROSENTHAL, MOSLEY.  AN ACT TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO AUTHORIZING THE USE OF OPIOID ANTAGONISTS BY

                    PERSONS OR ENTITIES FOR OPIOID OVERDOSE PREVENTION.

                                 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. A08009, CALENDAR NO.

                    430, WEPRIN.  AN ACT TO AMEND CHAPTER 395 OF THE LAWS OF 2008,

                    AMENDING THE AGRICULTURE AND MARKETS LAW RELATING TO LICENSING OF

                    ESTABLISHMENTS WHERE ANIMALS OR FOWLS ARE SLAUGHTERED, IN RELATION TO

                                         11



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08608, CALENDAR NO.

                    431, PAULIN, WOERNER, EPSTEIN, GOTTFRIED, MCDONOUGH, MORINELLO,

                    ZEBROWSKI, SIMON, LUPARDO, MOSLEY, SAYEGH, L. ROSENTHAL.  AN ACT TO

                    AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO PARKING IN ELECTRIC

                    VEHICLE CHARGING SPACES.

                                 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.)

                                 ACTING SPEAKER PICHARDO:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         12



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08971, CALENDAR NO.

                    432, L. ROSENTHAL.  AN ACT TO AMEND THE CIVIL PRACTICE -- THE CIVIL

                    SERVICE LAW - EXCUSE ME - IN RELATION TO EQUAL PAY FOR SIMILAR WORK

                    PROTECTIONS FOR PROTECTED CLASSES.

                                 ACTING SPEAKER PICHARDO:  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 IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08972, CALENDAR NO.

                    433, ORTIZ.  AN ACT TO AMEND THE MILITARY LAW, IN RELATION TO AGE

                    REQUIREMENTS APPLICABLE TO APPOINTMENTS OR PROMOTIONS OF PUBLIC

                    EMPLOYEES WHO HAVE BEEN ABSENT ON MILITARY DUTY.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    ORTIZ, 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

                                         13



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ORTIZ TO EXPLAIN HIS VOTE.

                                 MR. ORTIZ:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO INTERRUPT THE PROCEEDINGS.  THIS PARTICULAR PIECE OF LEGISLATION IS

                    SO CRITICAL FOR OUR VETERANS AND AS A VETERAN MYSELF, I KNOW HOW

                    DIFFICULT IT IS WHEN YOU COME BACK FROM THE SERVICE TO TRY TO GET A JOB

                    AND BE PUT BACK ON THE AGE REQUIREMENT GROUPS.  SO, THIS BILL WHAT IT

                    ALLOWS IS TO ALLOW VETERANS TO DEDUCT UP TO SEVEN YEARS WHEN APPLYING

                    FOR A JOB THAT HAS AGE REQUIREMENTS.  AND AS YOU KNOW, MR. SPEAKER,

                    OUR VETERANS GO SERVE OUR COUNTRY AND WHEN THEY SOMETIMES COME

                    BACK, THERE IS NO JOB AVAILABLE FOR THEM.  SO THIS BILL WILL GUARANTEE TO

                    MAKE SURE THAT THEY WILL BE ABLE TO NOT JUST TO HAVE A JOB, BUT ALSO TO GO

                    BACK AND COUNT NINE YEARS -- SEVEN YEARS OF REQUIREMENT TO MAKE SURE

                    THE AGE REQUIREMENT TO MAKE SURE THAT THEY WILL BE ABLE TO GET THEIR JOB

                    BACK AND, AS WELL, THEIR PENSION.  SO, I WILL BE VOTING IN THE

                    AFFIRMATIVE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08998, CALENDAR NO.

                    434, DINOWITZ, BLAKE.  AN ACT TO AMEND THE ELECTION LAW, IN RELATION

                    TO VOTER REGISTRATION FORM DISTRIBUTION AND ASSISTANCE.

                                         14



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.

                                 THE CLERK:  ASSEMBLY NO --

                                 ACTING SPEAKER AUBRY:  HOLD ONE MINUTE, I'M

                    SORRY.  ON A MOTION BY MR. DINOWITZ, THE SENATE BILL IS BEFORE THE

                    HOUSE.  THE SENATE BILL IS ADVANCED AND THE BILL IS LAID SIDE.


                                 THE CLERK:  ASSEMBLY NO. A09002, CALENDAR NO.

                    435, ZEBROWSKI, BLAKE.  AN ACT TO AMEND THE ELECTION LAW, IN RELATION

                    TO DISCLOSURE OF THE IDENTITIES OF POLITICAL COMMITTEES MAKING CERTAIN

                    EXPENDITURES FOR POLITICAL COMMUNICATIONS.

                                 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 JANUARY 1ST.

                                 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, IF WE CAN

                    NOW GO TO OUR DEBATE LIST AND WE'RE GOING TO START WITH CALENDAR NO.

                    126, IT'S ON PAGE 25 [SIC] BY MS. SIMON.  AND SECONDLY, WE'RE GOING TO

                    GO TO CALENDAR NO. 186, IT'S ON PAGE 33 [SIC] BY MS. JEAN-PIERRE.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.

                                         15



                    NYS ASSEMBLY                                                    MARCH 3, 2020


                                 THE CLERK:  ASSEMBLY NO. A03050-A, CALENDAR

                    NO. 126, SIMON, ARROYO, BLAKE, BARRETT, BRAUNSTEIN, COLTON, COOK,

                    DINOWITZ, GOTTFRIED, JAFFEE, JOYNER, M. G. MILLER, OTIS, PERRY, STECK,

                    MOSLEY, ABINANTI, L. ROSENTHAL, CARROLL, D'URSO, BARRON, DAVILA,

                    ORTIZ, DARLING, CRUZ.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO SPECIFYING PROCEDURES FOR THE CLOSURE AND/OR DECERTIFICATION

                    OF ASSISTED LIVING RESIDENCES.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. SIMON.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.  UNDER

                    CURRENT LAW, NEW YORK STATE RULES AND REGULATIONS, THE CLOSURE OF AN

                    ASSISTED LIVING FACILITY ONLY REQUIRES THE OPERATOR TO GIVE 90 DAYS NOTICE

                    TO RESIDENTS.  IN MANY CASES, THIS PERIOD OF TIME IS INADEQUATE FOR

                    RESIDENTS TO LOCATE AND SECURE NEW LIVING ACCOMMODATIONS.

                                 UNDER THIS BILL, THE OPERATOR OF AN ASSISTED LIVING

                    FACILITY THAT INTENDS TO CLOSE WOULD BE REQUIRED TO NOTIFY THE

                    DEPARTMENT OF HEALTH IN WRITING PRIOR TO THE DATE OF CLOSURE, AND

                    PROVIDE A PROPOSED PLAN FOR CLOSURE AND/OR DECERTIFICATION, INCLUDING

                    TIMETABLES FOR EACH STEP OF CLOSURE.  SUCH NOTIFICATION WOULD ALSO

                    INCLUDE THE -- A PLAN TO NOTIFY RESIDENTS AND RESIDENT'S REPRESENTATIVES

                    WITHIN 120 DAYS OF THE CLOSURE.  THE BILL WOULD ESTABLISH A PROCEDURE

                    TO ASSESS THE NEEDS OF INDIVIDUAL RESIDENTS AND PROVIDE ASSISTANCE TO

                    RESIDENTS IN RELOCATING AND TRANSFERRING TO APPROPRIATE ALTERNATIVE

                    SETTINGS.  THIS BILL WOULD ENSURE THAT ALL INVOLVED PARTIES ARE MADE

                    AWARE OF THE POTENTIAL CLOSURE AND/OR DECERTIFICATION SO THAT

                                         16



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    APPROPRIATE PLANNING CAN BE MADE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  WOULD

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. SIMON, WILL YOU

                    YIELD?

                                 MS. SIMON:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MS. SIMON YIELDS,

                    SIR.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS. SIMON.

                    AS YOU KNOW, WE'VE DEBATED THIS BILL IN THE PAST.  THE CONCERN THAT

                    MANY OF US HAD IS THAT IF A FACILITY, AN ASSISTED LIVING FACILITY IS GOING

                    OUT OF BUSINESS, THAT THEY DON'T HAVE MONEY TO PAY FOR STAFF OR UTILITIES

                    OR SUPPLIES, INCLUDING MEDICATION, AND THAT PUTS ALL THE RESIDENTS IN A

                    SERIOUS JEOPARDY.  AS YOU KNOW, IF YOU'RE NOT PAYING STAFF, MOST STAFF

                    ARE UNWILLING OR UNABLE TO WORK FOR FREE, THEY'RE NOT VOLUNTEERS.  HOW

                    DO WE ADDRESS THE SITUATION WITH A FACILITY THAT IS GOING OUT OF BUSINESS

                    FOR FINANCIAL REASONS AND DOESN'T HAVE THE CASH FLOW TO STAY OPEN?

                                 MS. SIMON:  WELL, THEY HAVE TO FILE A CLOSURE PLAN

                    AND THEY CERTAINLY SHOULD HAVE FILED A CLOSURE PLAN IN SUFFICIENT TIME TO

                    BE ABLE TO PREPARE FOR THIS.  OBVIOUSLY, THEY ARE STILL GETTING THE -- THE

                    INCOME FOR THE -- THE RESIDENTS WHO ARE THERE.  MOST OF THEM ARE GOING

                    TO BE ON MEDICARE OR MEDICAID OR SOME PRIVATE FUNDING, SO THEY WILL

                    HAVE THAT INCOME.  AND THEY CAN SEEK, YOU KNOW, AN EXPEDITED REVIEW

                    FROM THE DEPARTMENT OF HEALTH IF THAT WOULD HELP EASE THE SITUATION.

                                         17



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. GOODELL:  BUT THIS BILL DOESN'T PROVIDE ANY

                    FUNDING MECHANISM TO ASSIST THEM IF THEY RUN OUT OF CASH PRIOR TO THAT

                    REVIEW PROCESS AND 120 DAYS THEREAFTER?

                                 MS. SIMON:  THE BILL DOES NOT PROVIDE STATE FUNDING

                    TO BE INCREASED TO COVER THOSE PARTICULAR FINANCIAL CONSTRAINTS THAT THE

                    OPERATOR MIGHT BE EXPERIENCING; HOWEVER, THAT DOESN'T MEAN THAT THEY

                    CAN'T SEEK ADDITIONAL SUPPORT FROM THE STATE.  BUT THE BILL ITSELF, IT'S NOT

                    IN THE STATUTE THAT THEY WOULD BE PROVIDED WITH ADDITIONAL RESOURCES

                    AND, FRANKLY, THIS IS WHY WE HAVE NOTICE, WHY WE HAVE A REQUIREMENT

                    TO FILE A CLOSURE PLAN, BECAUSE THAT SORT OF THING SHOULD NOT BE

                    HAPPENING IN NEW YORK STATE.

                                 MR. GOODELL:  AND IF A FACILITY FILES FOR

                    BANKRUPTCY, WOULD THEY THEN BE EXEMPT FROM ANY OF THE PENALTIES AND

                    OTHER REQUIREMENTS OF THIS BILL?

                                 MS. SIMON:  WELL, CERTAINLY A BANKRUPTCY WOULD

                    STAY WHATEVER THOSE PROCEEDINGS ARE.  THAT WOULD BE A MATTER FOR THE

                    DEPARTMENT OF HEALTH TO DETERMINE.  THE STATUTE ITSELF DOES NOT SAY, IF

                    YOU FILE FOR BANKRUPTCY, THUS AND SUCH WILL HAPPEN.  THAT WOULD BE A

                    FUNCTION OF BANKRUPTCY LAW.

                                 MR. GOODELL:  LOOKING AT THE TIMEFRAME.  THE

                    FIRST THING THAT'S REQUIRED IF A FACILITY WANTS TO CLOSE IS TO SUBMIT A

                    DETAILED WRITTEN PLAN, A CLOSURE PLAN TO THE DEPARTMENT OF HEALTH,

                    CORRECT?

                                 MS. SIMON:  CORRECT.

                                 MR. GOODELL:  AND THEY CANNOT DO ANYTHING UNTIL

                                         18



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THE DEPARTMENT OF HEALTH HAS APPROVED THAT PLAN, CORRECT?

                                 MS. SIMON:  THAT'S CORRECT.

                                 MR. GOODELL:  DOES THIS BILL PROVIDE ANY

                    TIMEFRAME FOR THE DEPARTMENT OF HEALTH TO RESPOND?  DO THEY HAVE TO

                    RESPOND, FOR EXAMPLE, WITHIN 30 DAYS OR 60 DAYS OR 90 DAYS?

                                 MS. SIMON:  NO, IT DOES NOT BECAUSE THE REVIEW OF

                    THESE PLANS IS OFTEN QUITE DETAILED AND SPECIFIC, AND THE OPERATOR WOULD

                    BE WELL-ADVISED TO FILE A VERY COMPREHENSIVE, COMPLETE AND DETAILED

                    PLAN TO HELP EXPEDITE THAT REVIEW BY THE DEPARTMENT OF HEALTH.

                                 MR. GOODELL:  SO IT WOULD NOT BE ANY VIOLATION OF

                    THIS LAW, FOR EXAMPLE, IF THE DEPARTMENT OF HEALTH TOOK 90 DAYS TO

                    REVIEW SUCH A PLAN?

                                 MS. SIMON:  I'M SORRY, IT WOULDN'T BE A VIOLATION OF

                    WHAT LAW?

                                 MR. GOODELL:  THERE'S NOTHING TO REQUIRE THE

                    DEPARTMENT OF HEALTH TO MOVE IN A PARTICULAR TIME FRAME, SO

                    PRESUMABLY THE DEPARTMENT OF HEALTH COULD TAKE 90, 120 DAYS OR

                    WHATEVER AMOUNT OF TIME THEY NEED TO REVIEW THAT PLAN, RIGHT?

                                 MS. SIMON:  THEY COULD AND, IN FACT --

                                 MR. GOODELL:  AND THEN ONLY -- ONLY AFTER THE

                    DEPARTMENT OF HEALTH HAS SIGNED OFF ON THE PLAN, AT THAT POINT THEN THE

                    OPERATOR GIVES 120 DAY NOTICE, CORRECT?

                                 MS. SIMON:  CORRECT.

                                 MR. GOODELL:  AND UNTIL THEY GIVE THAT NOTICE,

                    THEY'RE NOT ALLOWED TO DO ANYTHING TO MOVE TOWARD CLOSURE, CORRECT?

                                         19



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MS. SIMON:  NOT ALLOWED TO -- I DIDN'T HEAR WHAT

                    YOU SAID, NOT ALLOWED TO DO ANYTHING TO --

                                 MR. GOODELL:  TO TAKE NO ACTION TO ACTUALLY CLOSE

                    UNTIL --

                                 MS. SIMON:  YES, THAT'S RIGHT.

                                 MR. GOODELL:  ALL RIGHT.  SO LET'S SAY THE,

                    HYPOTHETICALLY, IT TAKES THE HEALTH DEPARTMENT SEVERAL MONTHS TO

                    REVIEW IT, WHICH, FOR THOSE OF US WHO HAVE WORKED IN THE HEALTH CARE

                    FIELD IS NOT AT ALL UNUSUAL.

                                 MS. SIMON:  THAT IS TRUE.

                                 MR. GOODELL:  AND THEN THERE'S ANOTHER FOUR

                    MONTH NOTICE THAT HAS TO BE GIVEN BY THE OPERATOR, AND THIS BILL

                    PROVIDES THAT DURING THAT TIME FRAME, THE ASSISTED LIVING FACILITY CANNOT

                    ACCEPT ANY NEW RESIDENTS; IS THAT CORRECT?

                                 (PAUSE)

                                 MS. SIMON:  I'M SORRY, I WAS JUST CONSULTING AND --

                    AND CLARIFYING SOMETHING.  SO, THE 120 DAYS CLOSURE NOTICE IS IN

                    ADVANCE OF THE ACTUAL CLOSURE.  AND THEY CAN TAKE NO ACTION UNTIL THEY

                    RECEIVE APPROVAL FROM THE COMMISSIONER, BUT THAT DOESN'T MEAN THAT,

                    IN FACT, THEY COULDN'T GIVE NOTICE PREVIOUSLY.  THERE COULD BE SOME

                    WIGGLE ROOM THERE.

                                 MR. GOODELL:  AND DURING THAT TIME PERIOD AFTER

                    THEY'VE GIVEN THE NOTICE, DURING THE NEXT FOUR MONTHS THEN THEY'RE

                    PROHIBITED FROM TAKING ANY NEW RESIDENTS; IS THAT CORRECT?

                                 MS. SIMON:  THAT IS CORRECT.

                                         20



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. GOODELL:  AND THAT WOULD INCLUDE, OF COURSE,

                    RESIDENTS THAT MIGHT BE THERE ON A TEMPORARY STAY, CORRECT?  I MEAN A

                    LOT OF ASSISTED LIVING FACILITIES, FOR EXAMPLE, PROVIDE REHAB SERVICES FOR

                    A LIMITED DURATION, YOU KNOW, 30 DAYS, 60 DAYS, 90 DAYS.  THEY WOULD

                    BE BARRED FROM ACCEPTING ANY NEW RESIDENTS REGARDLESS OF HOW LONG THE

                    STAY WAS INTENDED, CORRECT?

                                 MS. SIMON:  THIS BILL DOESN'T TAKE INTO ACCOUNT

                    SHORT-TERM REHAB STAYS.

                                 MR. GOODELL:  I AGREE.

                                 MS. SIMON:  IT'S ABOUT PEOPLE WHO WOULD BE LIVING

                    AT THE ASSISTED LIVING FACILITY.

                                 MR. GOODELL:  BUT IT BARS ANY NEW RESIDENTS,

                    CORRECT?

                                 MS. SIMON:  NEW RESIDENTS WHO WOULD BE

                    PERMANENT RESIDENTS.  IT DOESN'T BAR SOMEBODY COMING IN -- FOR

                    EXAMPLE, IT WOULDN'T BE A RESIDENT PER SE, BUT THEY WOULD BE THERE FOR

                    -- SHORT-TERM FOR REHABILITATION.

                                 MR. GOODELL:  WELL, I'M LOOKING AT PAGE 2, LINE

                    26, IT SAYS, "THE OPERATOR SHALL NOT ACCEPT NEW RESIDENTS."  THERE'S NO

                    CLARIFICATION OR RESTRICTION AS TO WHETHER THEY'RE LONG-TERM OR

                    SHORT-TERM RESIDENTS, IS THERE?

                                 MS. SIMON:  SO THE WAY I READ THIS IS NO NEW

                    RESIDENTS OR APPLICATIONS FOR RESIDENCY, WHICH IS NOT THE SAME AS

                    SOMEBODY WHO IS THERE FOR REHAB.

                                 MR. GOODELL:  DO ASSISTED LIVING FACILITIES

                                         21



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    PROVIDE OUTPATIENT REHAB SERVICES?  THEY'RE ALL INPATIENT, RIGHT?

                                 MS. SIMON:  THEY'RE INPATIENT, BUT THEY'RE NOT --

                    THEY'RE NOT THE RESIDENTS THAT ARE BEING PROTECTED BY THIS CLOSURE.

                    THOSE ARE THE PEOPLE WHO ARE -- WHO ARE ACTUALLY RESIDENTS WHO ARE

                    LIVING THERE WHO ARE -- WHO -- FOR WHOM THAT IS THEIR HOME, THEIR

                    PRIMARY RESIDENCE.

                                 MR. GOODELL:  WELL, IF -- IF WE HAVE THE

                    OPPORTUNITY TO DEBATE THIS AGAIN, IT WOULD BE HELPFUL TO MAKE IT CLEAR

                    THAT AN ASSISTED LIVING FACILITY CAN ACCEPT NEW RESIDENTS AS LONG AS THE

                    ANTICIPATED STAY OF THE NEW RESIDENT IS LESS THAN 120 DAYS, WHICH WOULD

                    ENABLE THEM TO CLEARLY ACCEPT NEW RESIDENTS WHO ARE GOING THROUGH

                    PHYSICAL THERAPY.

                                 MS. SIMON:  WELL, I'LL WORK ON CLARIFYING THAT

                    LANGUAGE IF -- IF, IN FACT, WE ARE NOT SUCCESSFUL IN PASSING THIS BILL.

                                 MR. GOODELL:  THIS ALSO PROVIDES THAT DURING THAT

                    TIME PERIOD, THE OPERATOR CANNOT INCREASE THE AMOUNT OF ANY RENT, FEES

                    OR OTHER SURCHARGES IMPOSED ON THE RESIDENTS, CORRECT?

                                 MS. SIMON:  THAT IS CORRECT.  ONCE THE PLAN IS

                    APPROVED, THEY CAN.

                                 MR. GOODELL:  AND THAT WOULD APPLY EVEN IF THE

                    FACILITY ITSELF IS EXPERIENCING INCREASED COSTS ON UTILITIES, SUPPLIES,

                    TAXES, NECESSARY MAINTENANCE OR REPAIR.  EVEN THOUGH THEY'RE FACING

                    INCREASED COSTS, THIS BILL WOULD PROHIBIT THEM FROM PASSING ANY OF

                    THOSE COSTS ON; IS THAT CORRECT?

                                 MS. SIMON:  YES.  THIS IS TO PROTECT RESIDENTS FROM

                                         22



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    GOUGING AND IT IS INTENDED TO PROTECT RESIDENTS FROM SOME OF THE

                    PRACTICES THAT HAVE GONE ON IN THE PAST.  THE REALITY IS, OF COURSE, THAT IF

                    AN ENTITY SUBMITS A DETAILED CLOSURE PLAN AND WORKS CLOSELY WITH THE

                    DEPARTMENT OF HEALTH, THE REALITY IS THAT THEY WILL BE ABLE TO CLOSE THEIR

                    FACILITY SOONER RATHER THAN LATER IF THEY DO THE WORK THAT THEY NEED TO DO

                    IN ADVANCE.

                                 MR. GOODELL:  WELL, AND I UNDERSTAND AND I

                    APPRECIATE YOUR DESIRE TO PREVENT GOUGING, BUT THIS BILL PROHIBITS ANY

                    INCREASE IN RENT, FEES OR SURCHARGES EVEN IF THOSE RENT, FEES AND

                    SURCHARGES ARE EXACTLY EQUAL TO THE INCREASED COST, RIGHT?  THERE'S -- IT

                    DOESN'T LIMIT ANY COST INCREASE TO EXCESSIVE OR GOUGING.  IT PROHIBITS

                    ANY INCREASE, CORRECT?

                                 MS. SIMON:  YES, IT DOES BEFORE IT IS APPROVED.

                    ONCE THE PLAN IS APPROVED AND THAT PLAN, FOR EXAMPLE, COULD -- COULD

                    SAY THAT WE WOULD PLAN TO CLOSE THIS FACILITY IN SIX MONTHS, RIGHT, SO THE

                    CLOSURE PLAN ITSELF COULD EXTEND OVER A PERIOD OF LONGER THAN 120 DAYS

                    AND THE -- THEY COULD RAISE THOSE RATES DURING THAT PERIOD OF TIME BEFORE

                    THEY CLOSE AFTER THEY RECEIVE APPROVAL.

                                 MR. GOODELL:  I WOULD -- I WOULD -- I WOULD BE

                    HAPPIER IF THAT'S WHAT THE LANGUAGE ACTUALLY SAID, BECAUSE WHEN YOU

                    LOOK AT PAGE 2, LINES 27 AND 28, 29, THERE'S NO -- IT SAYS, THEY CANNOT

                    RAISE THE RATES - I APOLOGIZE.

                                 MS. SIMON:  IT'S A DIFFERENT PAGE.

                                 MR. GOODELL:  IT'S ABOVE THAT, RIGHT?  THERE'S -- IT

                    DOESN'T SAY THEY CAN RAISE THEM AFTERWARDS, DOES IT?  I DON'T SEE ANY

                                         23



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    LANGUAGE THAT ALLOWS THEM TO RAISE IT AFTERWARDS.

                                 MS. SIMON:  YES, IT DOES.  HOLD ON.  IT'S LINE 15.

                                 MR. GOODELL:  THE ONLY THING --

                                 MS. SIMON:  "PROVIDED, HOWEVER, THAT --"  IT'S ON

                    LINE 21, "THAT THE OPERATOR MAY INCREASE THE AMOUNT OF ANY RENT, FEES OR

                    OTHER SURCHARGES IMPOSED UPON THE INDIVIDUAL RESIDENT CORRESPONDING

                    WITH THE INCREASES IN THE INDIVIDUAL'S SUPPLEMENTAL SECURITY INCOME,

                    TOTAL OF SUCH INCREASES FOR AN INDIVIDUAL SHALL NOT EXCEED THE AMOUNT OF

                    THE INCREASE IN THE INDIVIDUAL'S SSI."

                                 MR. GOODELL:  RIGHT, SO THE ONLY --

                                 MS. SIMON:  THEY CAN DO THAT, ALL RIGHT, AND THEN

                    AFTER THEY HAVE BEEN NOTIFIED THAT IT HAS BEEN APPROVED, THEY CAN --

                    THEY CAN ALSO RAISE THOSE RATES, OBVIOUSLY REASONABLE.

                                 MR. GOODELL:  AND I SEE WHERE IT LIMITS IT TO AN

                    INCREASE IN SSI, BUT I DON'T SEE THE OTHER.  BUT ONE LAST QUESTION, IF I

                    MAY, AND THAT IS THIS BILL PROVIDES THAT IF A RESIDENT --

                                 MS. SIMON:  THE SSI INCREASE CAN HAPPEN ANYWAY,

                    BEFORE -- BEFORE THE APPROVAL THE SSI RATE INCREASE.  SO, IN OTHER WORDS,

                    IF SSI IS PROVIDING MORE FUNDS PER MONTH, WHICH, AS YOU KNOW, GO UP

                    VERY SMALL AMOUNTS, THEY -- THAT -- THE INSTITUTION CAN RAISE THAT RATE

                    EVEN BEFORE THE CLOSURE PLAN IS -- IS APPROVED.

                                 MR. GOODELL:  AND THE PENALTY ON THIS IS 2,000

                    FOR THE FIRST OFFENSE UP TO 5,000 ON THE SECOND IN A 12-MONTH PERIOD,

                    10,000 THEREAFTER; IS THAT CORRECT?

                                 MS. SIMON:  YES, THOSE ARE THE STANDARD PUBLIC

                                         24



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    HEALTH LAW PENALTIES.

                                 MR. GOODELL:  AND SO, LET'S SAY THEY RAISE THE RENT

                    ON DAY ONE, WOULD IT BE $1,000 TIMES THE NUMBER OF RESIDENTS, OR

                    WOULD IT BE JUST $1,000, OR $2,000, SORRY.

                                 MS. SIMON:  THE STATUTE?

                                 MR. GOODELL:  YES.

                                 MS. SIMON:  IS RELYING ON WHAT ARE THE STANDARD

                    PUBLIC HEALTH VIOLATION PENALTIES WHICH WOULD BE ASSESSED BY THE

                    DEPARTMENT OF HEALTH.  SO, THIS BILL IS NOT GOING TO SAY IF YOU DO X,

                    YOUR PENALTY IS Y.  THAT'S NOT -- THAT'S NOT FOR THIS BILL, IT'S JUST NOT THIS

                    BILL.

                                 MR. GOODELL:  THANK YOU, MS. SIMON.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  THANK YOU.  I APPRECIATE THE

                    SPONSOR'S DESIRE TO HAVE AN ORDERLY CLOSING OF AN ASSISTED LIVING

                    FACILITY, BUT THE TRUTH OF THE MATTER IS IF THE FACILITY DOESN'T HAVE THE

                    CASH FLOW TO PAY FOR ITS STAFF, OR PAY FOR THE UTILITIES, OR PAY FOR THE

                    SUPPLIES, IT CREATES A HORRIFIC SITUATION WHERE THE -- THE SAFETY OF THE

                    RESIDENTS COULD BE ADVERSELY IMPACTED.  AND THIS BILL MAKES IT EVEN

                    MORE DANGEROUS FOR THE RESIDENTS BY PROHIBITING THE FACILITY TO ACCEPT

                    NEW RESIDENTS TO OFFSET THAT LOSS, OR TO RAISE THEIR FEES OR THEIR EXPENSES.

                                 AND SO, WE HAVE A SITUATION WHERE WHILE THE INTENT OF

                    HAVING AN ORDERLY CLOSURE IS A GREAT INTENT, THE WAY IT'S ACTUALLY

                                         25



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    IMPLEMENTED, IN MY OPINION, WOULD CREATE A SEVERE FINANCIAL

                    IMPOSSIBILITY THAT COULD SERIOUSLY JEOPARDIZE THE HEALTH AND SAFETY OF

                    THE RESIDENTS AS STAFF MEMBERS LEAVE WHEN THEY CAN'T GET PAID, OR THE

                    FACILITY CAN'T COVER ITS EXPENSES.  FOR THOSE REASONS, I'LL RECOMMEND

                    THAT MY COLLEAGUES VOTE AGAINST THIS BILL.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. SIMON TO EXPLAIN HER VOTE.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.  AS MANY OF

                    YOU MAY KNOW, THIS BILL WAS BORNE OUT OF A PRETTY SHOCKING AND ABRUPT

                    DECISION BY A DEVELOPER TO CLOSE AN ASSISTED LIVING FACILITY AT ONE

                    PROSPECT PARK IN PARK SLOPE, BROOKLYN IN MY DISTRICT.  THEY WANTED TO

                    EVICT 125 SENIORS, MOST OF WHOM WHO WERE OVER 85, AND SEVERAL

                    ALREADY OVER 100.  THIS IS PRIME REAL ESTATE AT THE CORNER OF GRAND

                    ARMY PLAZA AND IT'S A MAJESTIC ENTRANCE TO THE PARK, AND THE RESIDENTS

                    HAD OPERATED THERE FOR DECADES.  I DON'T REMEMBER A TIME WHEN IT

                    WASN'T A SENIOR RESIDENCE.

                                 WHEN THE DEVELOPER PURCHASED THE PROPERTY IN 2006

                    FOR 40 MILLION, HE RAN A FACILITY UNDER A TEMPORARY LICENSE FOR EIGHT

                    YEARS.  WHEN HE REACHED AN AGREEMENT TO SELL THE PROPERTY FOR OVER

                    $76 MILLION AND TEN MONTHS AFTER RECEIVING A PERMANENT LICENSE, HE

                                         26



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    SUBMITTED A PLAN TO CLOSE THE FACILITY.  RESIDENTS WERE TOLD THEY HAD 90

                    DAYS TO GET OUT AND, EVENTUALLY, THEY DID SELL THE PROPERTY FOR $84

                    MILLION, MAKING AN ASTOUNDING AMOUNT OF MONEY ON THEIR PURCHASE.

                                 MANY OF THE RESIDENTS HAD NOWHERE TO GO.  IT WAS NOT

                    EASY TO -- TO RELOCATE THEM.  SIX OF THEM STAYED.  THEY SUED THE STATE

                    AND THE DEVELOPER AND WON AN AWARD.  TODAY, ONLY ONE, RUTH WILLIG,

                    IS STILL ALIVE, SHE'S 96-YEARS-OLD AND THE -- THE PRESS HAS BEEN FOLLOWING

                    THESE PEOPLE EVERY STEP OF THE WAY.  AND WHAT I WOULD LIKE TO DO IS SEE

                    THAT THIS BILL IS PASSED IN BOTH HOUSES BEFORE RUTH WILLIG DIES SO THAT

                    HER WORK WILL -- WILL LIVE ON AND SHE WILL HAVE ACCOMPLISHED

                    SOMETHING FOR SENIORS, ESPECIALLY THOSE SENIORS WHO ARE REALLY OLDER

                    SENIORS IN OUR COMMUNITIES.  THANK YOU VERY MUCH AND I WILL BE

                    VOTING IN THE AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 MS. WEINSTEIN TO EXPLAIN HER VOTE.

                                 MS. WEINSTEIN:  YES, THANK YOU, MR. SPEAKER.  I

                    COULDN'T HELP BUT RISE AFTER HEARING THE PREVIOUS COMMENTS.  I'VE -- THE

                    FACILITY THAT THE RESIDENTS WHO LEFT IS JUST A BLOCK OR TWO OUT MY DISTRICT

                    AND I'VE COME TO KNOW OVER THE PAST YEAR A NUMBER OF THE RESIDENTS

                    AND SPOKEN TO THEM, AND THIS CLOSING OF THIS FACILITY HAD A DRAMATIC

                    IMPACT ON THEIR LIVES, ON THEIR WELL-BEING, ON THEIR -- THEIR HEALTH AND,

                    QUITE FRANKLY, THEIR SOCIAL FRIENDSHIPS THAT THEY HAD DEVELOPED IN THIS

                    FACILITY.  ACTUALLY, A GROUP OF TEN WENT COLLECTIVELY TO THE FACILITY -- TO

                    THE ASSISTED LIVING FACILITY IN SHEEPSHEAD BAY, AND I JUST WANT TO SPEAK

                                         27



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    IN SUPPORT OF THIS BILL.  I THINK IT'S VERY IMPORTANT AND NOT -- WE CAN'T

                    HELP THOSE RESIDENTS, BUT WE CAN HELP RESIDENTS IN OTHER POTENTIAL --

                    AVOIDING A POTENTIAL SITUATION LIKE THIS.  SO, I'M VERY HAPPY TO VOTE IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

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

                    PLEASE CALL ON MR. OTIS AND MR. GOODELL FOR RESPECTIVE

                    ANNOUNCEMENTS?

                                 ACTING SPEAKER AUBRY:  MR. OTIS.

                                 MR. OTIS:  WELL, GOOD EVENING.  AND THE EVENING

                    WILL CONTINUE IN THE DEMOCRATIC CONFERENCE ROOM -- IN THE SPEAKER'S

                    CONFERENCE ROOM.  MEETING OF THE DEMOCRATIC CONFERENCE AS SOON AS

                    SESSION IS ADJOURNED.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  THERE'LL

                    BE A MEETING OF THE REPUBLICAN CONFERENCE AND WE'RE ASKING ALL OF OUR

                    MEMBERS TO HEAD OVER TO THE LARGE, SPACIOUS PARLOR FOR OUR MEETING.

                    THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  REPUBLICAN

                    CONFERENCE IN THE PARLOR; DEMOCRATIC CONFERENCE, SPEAKER'S

                                         28



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    CONFERENCE ROOM.

                                 AND MRS. PEOPLES-STOKES.

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

                    CALL THE HOUSE TO RECESS UNTIL THE RETURN CALL OF THE SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    AT RECESS AT THE CALL OF THE SPEAKER.

                                 (WHEREUPON, AT 7:03 P.M., THE HOUSE STOOD IN RECESS.)

                                                *     *     *     *     *

                    A F T E R     T H E     R E C E S S                                   10:02 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MRS. PEOPLES-STOKES.

                                 SHH.

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

                    PLEASE ADVANCE THE A-CALENDAR AND TAKE IT UP DIRECTLY.

                                 ACTING SPEAKER AUBRY:  ON MRS.

                    PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

                                 GOVERNOR'S MESSAGE -- THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09953, RULES REPORT

                    NO. 12, ORTIZ.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

                    ISSUING BY THE GOVERNOR OF ANY DIRECTIVE NECESSARY TO RESPOND TO A

                    STATE DISASTER EMERGENCY; MAKING AN APPROPRIATION THEREFORE; AND

                    PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  GOVERNOR'S MESSAGE

                    IS AT THE DESK, THE CLERK WILL READ.

                                         29



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 ACTING SPEAKER AUBRY:  THERE IS AN

                    AMENDMENT AT THE DESK.  MR. REILLY TO BRIEFLY EXPLAIN THE AMENDMENT

                    WHILE THE CHAIR EXAMINES IT.

                                 MR. REILLY:  MR. SPEAKER, I OFFER THE FOLLOWING

                    AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE ADOPTION AND

                    ASK FOR THE OPPORTUNITY TO EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  PROCEED.

                                 MR. REILLY:  THIS AMENDMENT ADDS TO THE

                    BILL-IN-CHIEF BY REQUIRING THAT THE GOVERNOR SHALL REPORT TO THE

                    TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, THE

                    MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,

                    THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY

                    WAYS AND MEANS COMMITTEE, THE RANKING MEMBER OF THE SENATE

                    FINANCE COMMITTEE AND THE RANKING MEMBER OF THE ASSEMBLY WAYS

                    AND MEANS COMMITTEE EVERY 30 DAYS FOR AN ACCOUNTING OF ALL MONEY

                    DISTRIBUTED IN RELATION TO THIS APPROPRIATION.

                                 UNDER CURRENT EXECUTIVE LAW, THE GOVERNOR HAS THE

                    ABILITY TO SUSPEND PROVISIONS OF ANY STATUTE DURING A DISASTER.  THESE

                    SUSPENSIONS MAY NOT LAST LONGER THAN 30 DAYS AND MAY BE TERMINATED

                    BY A CONCURRENT RESOLUTION OF THE LEGISLATURE.  THIS BILL ADDS THE ABILITY

                    OF THE GOVERNOR TO ISSUE ANY DIRECTIVE OR SUSPEND ANY STATUTE DURING A

                    DECLARED STATE OF DISASTER.  THESE DIRECTIVES WOULD BE SUBJECT TO THE

                    SAME REQUIREMENTS AS THE AFOREMENTIONED SUSPENSIONS; HOWEVER, THERE

                                         30



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    IS NO REQUIREMENT THAT THE GOVERNOR COMMUNICATES THE STATUS OF THE

                    ACTION TAKEN IN RESPONSE TO THE EMERGENCY, OR TO RELATE THE ACCOUNTING

                    OF EXPENDITURES AS SUCH RELATED TO THE APPROPRIATION MADE IN THE

                    BILL-IN-CHIEF.

                                 THIS BILL PROVIDES AN APPROPRIATION OF $40 MILLION FOR

                    THE PURPOSES OF COMBATTING CORONAVIRUS DISEASE 2019, ALSO KNOW AS

                    COVID-19.  THE FUNDS ARE INTENDED TO BE USED FOR ADDITIONAL

                    PERSONNEL, EQUIPMENT AND SUPPLIES, TRAVEL COSTS AND TRAINING.  THE

                    APPROPRIATION ALSO PROVIDES THAT FUNDING MAY BE USED TO AID

                    MUNICIPALITIES FOR EXPENSES RELATED TO AN OUTBREAK.  ALL MEMBERS OF

                    THE LEGISLATURE AND THE PUBLIC ARE CONCERNED ABOUT THE POTENTIAL FOR A

                    HEALTH CARE CRISIS AND ENSURING THAT THE STATE OF NEW YORK IS PREPARED

                    TO DEAL WITH THIS CRISIS.

                                 THIS AMENDMENT WILL REQUIRE THE GOVERNOR TO PROVIDE

                    THE LEGISLATIVE LEADERS WITH AN UPDATE AND ACCOUNTING OF

                    EXPENDITURES, AND WILL AID IN SUPPORTING THE PUBLIC'S CONFIDENCE IN THE

                    PROCESS BY ENSURING THAT FUNDING IS BEING APPLIED TO THE MOST

                    IMPORTANT RESPONSE INITIATIVES.  THIS AMENDMENT WILL PROVIDE US WITH

                    THE TRANSPARENCY AND ACCOUNTABILITY THAT WE ALL SHOULD REQUIRE OF OUR

                    GOVERNMENT.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. REILLY, THE CHAIR

                    HAS EXAMINED YOUR AMENDMENT AND FOUND IT GERMANE TO THE BILL BEFORE

                    THE HOUSE.

                                 ON THE AMENDMENT, MRS. PEOPLES-STOKES.

                                         31



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  WHILE I WANT TO APPLAUD MY COLLEAGUES ON THE OTHER SIDE OF

                    THE AISLE FOR ATTEMPTING TO FURTHER DELAY A PROCESS THAT WE HAVE BEEN

                    GOING THROUGH LITERALLY ALL DAY TODAY, I WOULD SUGGEST THAT THIS

                    AMENDMENT IS NOT NECESSARY.  WE HAVE BEEN DISCUSSING THIS ISSUE FOR

                    THE ENTIRE DAY.  IF THERE WERE THOUGHTS ABOUT AMENDMENTS AND/OR

                    ADDITIONS THAT SHOULD HAVE BEEN ATTACHED, IT SHOULD HAVE BEEN BROUGHT

                    TO THE TABLE PRIOR TO NOW.

                                 NOT ONLY THAT, MR. SPEAKER, THIS LEGISLATION HAS

                    ALREADY BEEN PASSED IN THE SENATE, SO WE'RE HERE AT THIS LATE HOUR IN AN

                    EFFORT TO TRY AND PROTECT NEW YORKERS, AND I THINK THAT WE SHOULD

                    PROCEED IN THAT DIRECTION.  WE SHOULD PROCEED WITH SOME SWIFTNESS,

                    AND WE SHOULD REMEMBER AND REMIND OURSELVES THAT ALL EXPENDITURES

                    ARE REVIEWED IN DETAIL THROUGH THE BUDGET OFFICE AND, QUITE HONESTLY,

                    THROUGH THE COMPTROLLER'S OFFICE, WHO IT IS HIS JOB AND HIS DUTY TO

                    FOLLOW UP ON HOW DOLLARS ARE EXPENDED THROUGH THE STATE.

                                 I THINK THAT THIS AMENDMENT IS A DELAY TACTIC THAT WE

                    SHOULD NOT LOOK FORWARD TO VOTING FOR AND WE SHOULD MOVE FORWARD

                    WITH THE BILL AS IT IS PROPOSED BY MR. ORTIZ.  I WOULD ASK MY COLLEAGUES

                    TO GIVE ALL DUE CONSIDERATION TO THE TIME AND EFFORT THAT HAS GONE INTO A

                    DESIRE TO PROTECT NEW YORK CITIZENS ACROSS THE STATE, AND THAT WE

                    SHOULD MOVE FORWARD WITH VOTING DOWN THIS AMENDMENT AND VOTING UP

                    THE LEGISLATION THAT MR. ORTIZ HAS PUT BEFORE US THIS EVENING.

                                 WITH THAT, MR. SPEAKER, I WOULD ASK THAT WE MOVE

                    FORWARD WITH A NO VOTE ON THE AMENDMENT.

                                         32



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 ACTING SPEAKER AUBRY:  ON THE AMENDMENT,

                    MR. GOODELL.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  WE HAD SESSION SCHEDULED TODAY FOR 2 P.M.  THE REPUBLICAN

                    CONFERENCE WAS HERE AT 2 P.M. AND WE SAT AROUND FOR THREE-AND-A-HALF

                    HOURS WHILE OUR COLLEAGUES MET BEHIND CLOSED DOORS TO DISCUSS

                    WHATEVER THEY WERE DISCUSSING.  WE WERE NOT INVITED.  WE WERE NOT

                    ADVISED.  WE HAD NO IDEA WHAT WAS BEING DISCUSSED BEHIND CLOSED

                    DOORS.  IT WASN'T UNTIL 7 P.M. THAT WE FIRST RECEIVED A COPY OF THIS BILL; 7

                    P.M.  NOW, WE WERE SCHEDULED TO HAVE A BRIEFING WITH THE HEALTH

                    COMMISSIONER TOMORROW AT NOON.  SO, WE FOUND OURSELVES FACED WITH

                    A BILL THAT THE GOVERNOR'S CLAIMING NEEDS IMMEDIATE ATTENTION AND WE

                    WERE BEING ASKED TO REVIEW IT AND EVALUATE IT AND VOTE ON IT THE DAY

                    BEFORE THE GOVERNOR'S SCHEDULED A BRIEFING.

                                 NOW, I HOPE IT DOESN'T MATTER WHICH SIDE OF THE AISLE

                    YOU'RE ON THAT YOU UNDERSTAND THAT THAT'S NOT A PROCESS THAT IN ANY

                    SHAPE OR FORM IS APPROPRIATE.  NOW, WE'RE TOLD AFTER WE HAVE COOLED

                    OUR HEELS ALL DAY LONG, AND THE ONLY -- BY THE WAY, THE ONLY REASON WE

                    KNEW THIS MIGHT BE COMING IS BECAUSE THERE WERE SOME TWEETS.  YEAH,

                    TWEETS.  THEY WEREN'T FROM GOVERNOR CUOMO, BY THE WAY, AS FAR AS I

                    KNOW, THEY WEREN'T FROM PRESIDENT TRUMP.  THEY WERE FROM RANDOM

                    PEOPLE WHO WERE TWEETING THAT SOMETHING WAS IN THE WORKS.

                                 NOW WE'RE BEING ASKED TONIGHT TO APPROPRIATE $40

                    MILLION; IT'S PAST 10 O'CLOCK AT NIGHT.  WE'VE HAD NO HEARINGS, WE'VE

                    HAD NO OPPORTUNITY FOR THE PUBLIC TO KNOW ABOUT THIS.  NO ONE IN THE

                                         33



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    PUBLIC, BY THE WAY, KNOWS ABOUT THIS BILL BECAUSE THE NEWSPAPERS DON'T

                    PUBLISH AFTER 7 P.M.  BUT WE'RE BEING ASKED TO VOTE ON A $40 MILLION

                    APPROPRIATION.  NOW, SOME OF YOU MIGHT BE ASKING, WHAT'S THE

                    EMERGENCY?  WHY DO WE HAVE TO VOTE IN THE MIDDLE OF THE NIGHT?

                    HERE'S A NEWS FLASH FOR YOU:  NONE OF THE BANKS IN THE STATE OF NEW

                    YORK ARE OPEN AT 10 P.M. AT NIGHT.  THE COMPTROLLER EARLIER WAS OVER

                    ENJOYING HIMSELF WITH THE FARM BUREAU WHERE I WISH I WAS, SO THE

                    COMPTROLLER'S NOT CUTTING ANY CHECKS AT 10 P.M. AT NIGHT, IS HE?

                    THERE'S NO RFP'S GOING OUT AT 10 P.M. TONIGHT SEEKING MEDICAL

                    SUPPLIES.  THERE IS NO EMERGENCY TONIGHT AT 10 P.M., AND NOTHING WE

                    DO AT 10 P.M. IS GOING TO HAVE ONE IOTA OF DIFFERENCE IN OUR TIMING AND

                    OUR ABILITY TO FIGHT THIS VIRUS.  BUT WHAT WE DO AT 10 P.M. AT NIGHT WILL

                    PUT THE TAXPAYERS ON THE HOOK FOR ANOTHER $40 MILLION.

                                 NOW, I UNDERSTAND THAT ALL OF US GOT A SALARY INCREASE

                    AND WE WENT FOR A COUPLE DECADES WITHOUT ONE, AND MANY OF YOU FEEL

                    THAT SALARY INCREASE IS WELL-JUSTIFIED.  AND I CAN AGREE WITH YOUR

                    SENTIMENT, BUT I THINK THAT WE'RE NOT IN TOO MUCH OF A RUSH TO CONSIDER

                    COMMONSENSE SAFEGUARDS TO PROTECT THE TAXPAYERS ON $40 MILLION IN

                    APPROPRIATION.  NOW, IS THERE ANYONE AT QUARTER AFTER TEN THAT HAS A DATE

                    THAT'S SO IMPORTANT THAT WE DON'T HAVE TIME TO PROTECT THE TAXPAYERS FOR

                    $40 MILLION?  LET ME KNOW WHAT THAT IS, BECAUSE I WANT TO KNOW WHAT

                    YOUR $40 MILLION APPOINTMENT IS.

                                 SO THIS IS JUST A VERY SIMPLE, STRAIGHTFORWARD

                    AMENDMENT ASKING THE GOVERNOR WHO APPARENTLY CAN'T FIND $40

                    MILLION IN AN $88 MILLION HEALTH DEPARTMENT BUDGET TO EXPLAIN TO US,

                                         34



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    TO US AND TO THE PUBLIC WHY HE NEEDS THE 40 MILLION AND HOW HE'S

                    SPENDING IT SO THAT WE CAN DO OUR FIDUCIARY DUTY OF THE TAXPAYERS TO

                    MAKE SURE THAT THAT MONEY IS BEING SPENT WISELY.  I HOPE THAT ALL OF US

                    HAVE THE TIME TO CONSIDER AN AMENDMENT TO PROTECT THE TAXPAYERS FOR

                    $40 MILLION.

                                 AND SO, I URGE YOUR POSITIVE VOTE ON THIS.  LET'S BRING

                    SOME TRANSPARENCY INTO A PROCESS WHICH TO THIS POINT HAS BEEN

                    REMARKABLY OBSCURED.  AT LEAST MOVING FORWARD WE CAN BE OPEN AND

                    TRANSPARENT WITH WHAT'S GOING ON IN THE GOVERNMENT.  SO, I URGE YOUR

                    KIND CONSIDERATION TO THIS THOUGHTFUL AMENDMENT BY MY COLLEAGUE.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. REILLY.

                                 MR. REILLY:  MR. SPEAKER, THANK YOU FOR ALLOWING

                    ME TO JUST MAKE ANOTHER COMMENT.  I URGE MY COLLEAGUES HERE TO,

                    PLEASE, THINK ABOUT IT.  WE ARE GIVING THE GOVERNOR A HUGE AMOUNT OF

                    EXPANDED AUTHORITY WITH THIS LEGISLATION.  THE LEAST WE COULD DO IS HOLD

                    HIM ACCOUNTABLE ABOUT -- ABOUT THE PURSE THAT HE'S SPENDING AND MAKE

                    SURE THAT IT'S GOING TO THE WAY THAT WE REALLY WANT IT TO GO, TO HELP NEW

                    YORKERS, TO HELP ALL OF OUR FAMILIES AND OUR COMMUNITIES.

                                 I'VE SAID IT SEVERAL TIMES LAST YEAR WHEN WE WERE

                    DEBATING BUDGET BILLS AND THIS IS EERILY FAMILIAR OF LATE MARCH.  I WOULD

                    NEVER THOUGHT IT WAS MARCH 2ND.  BUT I WILL TELL YOU THIS:  WE'RE

                    ALWAYS -- WE SEEM TO BE WORRIED ABOUT BEING THE FIRST AND NOT BEING

                    THE BEST.  WE HAVE THE OPPORTUNITY HERE TO MAKE SURE THAT WE DO GIVE

                                         35



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THE APPROPRIATION AND THE NECESSARY FUNDING TO HELP OUR COMMUNITIES.

                    BUT WE ALSO HAVE TO HAVE THAT RESPONSIBILITY OF MAKING SURE THAT IT GOES

                    THE WAY IT'S SUPPOSED TO, THE WAY THAT IT'S GOING TO BEST HELP OUR

                    COMMUNITIES.

                                 WE'RE GOING TO GIVE HIM 30 DAYS, THE GOVERNOR 30

                    DAYS, AND HE CAN EXPAND ON EXECUTIVE ORDERS GOING FORWARD PRETTY

                    MUCH INDEFINITELY, BECAUSE WE DIDN'T EVEN TOUCH ON THE PART OF THE

                    LEGISLATION THAT ACTUALLY SAYS THAT IT EXPIRES IN APRIL OF 2021.  I GOT

                    NEWS FOR YOU, HE CAN DO AN EXECUTIVE ORDER AND SUSPEND THAT SUNSET

                    DATE.  AND IF YOU DON'T BELIEVE ME, HE DID IT WITH NEW YORK CITY SPEED

                    CAMERAS.  THAT IS THE REALITY.  WE ARE RELINQUISHING OUR LEGISLATIVE

                    POWER TO AN EMPEROR.  THAT'S WHAT IT WOULD BE.  AND I THINK WE REALLY

                    DO HAVE TO MAKE SURE THAT WE HOLD THAT.  WE NEED TO MAKE SURE THAT

                    WE'RE ACCOUNTABLE, AND WE ALSO NEED TO MAKE SURE THE GOVERNOR'S

                    ACCOUNTABLE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE AMENDMENT IS DEFEATED.

                                 ON THE BILL.

                                 ON A MOTION BY MR. ORTIZ, THE SENATE BILL IS BEFORE

                    THE HOUSE.  THE SENATE BILL IS ADVANCED.  AN EXPLANATION IS REQUESTED,

                    MR. ORTIZ.

                                         36



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. ORTIZ:  YES, MR. SPEAKER, THANK YOU VERY

                    MUCH.  THIS BILL WILL ADDRESS THE CORONAVIRUS AND THE RESPONSE TO OTHER

                    DISASTERS, AND THIS BILL IS AN ALLOCATION OF 40 MILLION APPROPRIATION BILL

                    SOLELY FOR SERVICES AND EXPENSES RELATED TO THE OUTBREAK OF CORONAVIRUS

                    DISEASE IN 2019.  THE BILL WILL PROVIDE FUND TO BE USED FOR THE

                    PURPOSES SUCH AS ADDITIONAL PERSONNEL FOR THE DEPARTMENT OF HEALTH,

                    EQUIPMENT AND SUPPLIES, TRAVEL COST AND TRAINING.  A PORTION OF -- A

                    PORTION OF FUNDS MAY BE MADE AVAILABLE AS A STANDARD AID TO

                    MUNICIPALITIES FOR SERVICES AND EXPENSES RELATED TO THE OUTBREAK OF

                    CORONAVIRUS DISEASE.

                                 THE GOVERNOR IS CURRENTLY AUTHORIZED VIA EXECUTIVE

                    ORDER TO SUSPEND ANY LAW OR REGULATION IF IT COMPLIES WITH SUCH LAW OR

                    REGULATION WOULD PREVENT HEIGHTENED OR DELAYED ACTIONS NECESSARY TO

                    COPE WITH A DISASTER.  THE LENGTH OF EACH ORDER CAN BE 30 DAYS AND

                    MAY BE RENEWED WITH UNLIMITED EXTENSION OF 30 DAYS.  THE LEGISLATURE

                    CAN, BY CONCURRENT RESOLUTION, TERMINATE ANY SUCH SUSPENSION.

                                 THE PROPOSAL THAT WE'RE TALKING ABOUT WILL ADD DISEASE

                    OUTBREAK TO THE -- TO THE DEFINITION OF "DISASTER" AND EXPAND THE LEVEL

                    OF THREAT TO INCLUDE "IMPEDING OR URGENT THREAT."  IN ADDITION, THE BILL

                    WILL ALSO ADD A NEW POWER TO ISSUES DIRECTIVE WHICH ARE UNDEFINED, BUT

                    WILL ALLOW HIM TO DIRECT THE ACTIVITIES OF ANY PERSON OR ENTITY,

                    INDEPENDENT OF ANY INDIVIDUAL LAW OR REGULATION THAT CURRENTLY --

                    CURRENTLY ASSISTS TO COPE WITH ANY SUCH DISASTER, INCLUDING DISEASE

                    OUTBREAK OR EPIDEMIC.  UNDER THE PROPOSAL, THE GOVERNOR WILL BE

                    AUTHORIZED TO PROVIDE FOR PROCEDURES REASONABLE NECESSARY TO ENFORCE

                                         37



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    SUCH DIRECTIVE.  THIS NEW POWER -- THIS NEW POWER TO ISSUE DIRECTIVE

                    WILL SUNSET, AS WAS SAID BEFORE, APRIL 30, 2021.  AND I MIGHT ADD THAT

                    THIS BILL, THE MAIN PURPOSE OF THIS BILL, WE ARE HERE PUTTING PUBLIC

                    HEALTH FIRST IN OUR STATE.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.  NEW

                    YORK'S GOVERNOR IS ONE OF THE MOST POWERFUL GOVERNORS IN THE

                    COUNTRY.  HE'S GOT EXTRAORDINARY POWERS UNDER THE CONSTITUTION,

                    SOMETHING WE BUMP INTO EVERY TIME WE DEAL WITH THE BUDGET, AND HE

                    HAS SWEEPING, EXTRAORDINARY EMERGENCY POWERS UNDER SECTION 29-A OF

                    THE EXECUTIVE LAW.  AND THE COMMISSIONER OF HEALTH HAS EVEN MORE

                    SWEEPING EMERGENCY POWERS UNDER THE PUBLIC HEALTH LAW, INCLUDING

                    THE POWER TO -- TO MAKE ALL SORTS OF EMERGENCY REGULATIONS ON A FINDING

                    THAT THEY PROMOTE THE PUBLIC HEALTH.

                                 THESE POWERS HAVE ACTUALLY SERVED US WELL OVER THE

                    DECADES THAT THEY'VE BEEN ON THE BOOKS.  THEY SERVED US WELL DURING

                    THE EBOLA CRISIS, SWINE FLU; DURING HURRICANE SANDY, THE HEALTH

                    DEPARTMENT USED ITS POWERS TO MAKE SURE THAT PEOPLE GOT TO HEALTH

                    CARE, THAT PEOPLE WERE MOVED FROM ONE NURSING HOME TO ANOTHER IN

                    SAFETY.  YOU KNOW, DURING THE WORST OF THE HIV CRISIS, NO GOVERNOR,

                    NO HEALTH COMMISSIONER EVER HAD OCCASION TO ASK FOR ANYTHING LIKE

                    THE POWERS THAT THE GOVERNOR IS ASKING FOR IN THIS BILL.  YOU KNOW, I'VE

                    BEEN INVOLVED IN THIS TOPIC FOR DECADES THROUGH, I DON'T KNOW, SIX

                    GOVERNORS.  I'VE NEVER SEEN ANY GOVERNOR OR HEALTH COMMISSIONER ASK

                    FOR THIS KIND OF EXPANSION OF POWER THROUGH ALL OF THOSE VARIOUS CRISES.

                                         38



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 YOU KNOW, YOU MIGHT ASK WHAT DOES THIS BILL DO?  IT

                    MAKES SOME CHANGES THAT SEEM TO BE TECHNICAL IN THOSE EMERGENCY

                    POWERS, BUT IT'S NOT ENTIRELY CLEAR, AND I'LL GET BACK TO THAT A LITTLE LATER.

                    ONE THING THE BILL VERY CLEARLY DOES DO - WHICH WE'VE SEEN THIS

                    GOVERNOR PUSH THROUGH BEFORE IN RECENT YEARS - WHAT IT DOES DO IS GIVE

                    THE GOVERNOR VERY EXTENSIVE AND ALMOST UNLIMITED AFFIRMATIVE

                    LEGISLATIVE POWER TO NOT ONLY WAIVE EXISTING LAWS AND PROVISIONS OF

                    EXISTING LAWS, WHICH HE NOW HAS AUTHORITY TO DO, BUT IT ALSO EMPOWERS

                    HIM TO ESSENTIALLY MAKE NEW LEGISLATION BY ISSUING "DIRECTIVES," QUOTE/

                    UNQUOTE, TO ANY NEW YORKER.

                                 I THINK IT'S IMPORTANT TO ASK WHY.  WHAT PROBLEM DOES

                    THIS BILL SOLVE?  YOU MIGHT SAY, WELL, WE'VE GOT THIS VIRUS COMING; YES,

                    BUT WHAT DOES THIS BILL ENABLE A GOVERNOR OR A HEALTH COMMISSIONER TO

                    DO THAT THEY CAN'T DO TODAY?  AND WE DON'T HAVE AN ANSWER TO THAT

                    QUESTION.  YOU KNOW, THOSE OF US ON THE MAJORITY SIDE, WE SPENT MORE

                    THAN AN HOUR THIS AFTERNOON LISTENING TO HEALTH COMMISSIONER ZUCKER

                    TALKING ABOUT THIS EPIDEMIC.  AND HIS MAIN MESSAGE WAS ESSENTIALLY,

                    KEEP CALM, WE'RE ON THIS.  YOU KNOW, WASH YOUR HANDS WITH SOAP AND

                    WARM WATER AND KEEP SOCIAL DISTANCE, ET CETERA, ET CETERA, BUT BASICALLY

                    IT WAS, DON'T PANIC, KEEP CALM, WE'RE ON TOP OF THIS.  NEVER DID THE

                    HEALTH COMMISSIONER SAY, WELL, YOU KNOW, IF WE WANT LOCAL HEALTH

                    DEPARTMENTS TO DO SOMETHING, WE'VE GOT TO TELL THEM INDIVIDUALLY TO DO

                    IT.  OR, WE CAN WAIVE PROVISIONS OF A LAW, INCLUDING ALL OF THE

                    PROVISIONS, BUT WE CAN'T WAIVE -- IT DOESN'T SAY WE CAN WAIVE THE WHOLE

                    LAW, WE'VE GOT TO SAY WE'RE WAIVING ALL THE PROVISIONS OF THE LAW.  THE

                                         39



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    HEALTH COMMISSIONER NEVER SAID THAT.  THE HEALTH COMMISSIONER

                    NEVER SAID, YOU KNOW, WE'RE ON THIS, BUT WE REALLY NEED SOME LAWS

                    CHANGED, PLEASE HELP US.  HE NEVER SAID THAT.  AND THE GOVERNOR HASN'T

                    SAID THAT.  AND DURING ALL -- I MEAN, I'VE BEEN IN THE ASSEMBLY THROUGH

                    EIGHT GOVERNORS.  I HAVE NEVER HEARD A GOVERNOR OR A HEALTH

                    COMMISSIONER THROUGH ALL THE MISCELLANEOUS PROBLEMS WE'VE HAD

                    DURING THE LAST 50 YEARS ASK FOR THIS KIND OF POWER.

                                 HAS ANYONE WHO DOESN'T WORK IN THIS BUILDING HAD A

                    CHANCE TO READ THIS STATUTE AND TELL US WHAT THEY THINK?  YOU KNOW,

                    THERE ARE A LOT OF PEOPLE IN THIS STATE WHO ARE PRETTY SMART AND WHO

                    KNOW A LOT ABOUT PUBLIC HEALTH AND KNOW A LOT ABOUT EMERGENCY

                    POWERS, AND KNOW A LOT ABOUT WHAT MIGHT BE DANGEROUS AND WHAT

                    MIGHT WORK AND WHAT MIGHT NOT WORK.  HAVE ANY OF THOSE NEW

                    YORKERS HAD A CHANCE TO READ THIS BILL?  AND HAVE ANY OF US HAD A

                    COMMENT FROM ANY OF THOSE PEOPLE SAYING, YEAH, THIS IS OKAY, OR, WAIT

                    A MINUTE, WATCH OUT FOR THE WORDS ON LINE 18 - THEY LOOK INNOCUOUS,

                    BUT THIS COULD CREATE A PROBLEM.  NO, BECAUSE THIS BILL WAS PRINTED A

                    LITTLE OVER AN HOUR AGO.  HARDLY ANYBODY WHO DOESN'T WORK IN THIS

                    BUILDING HAS HAD A CHANCE TO READ IT AND, TO ME, WHEN WE TAKE

                    SOMETHING THIS SERIOUS AND THIS UNPRECEDENTED THROUGH ALL THESE

                    DECADES AND ALL THE KIND OF CRISES WE'VE BEEN THROUGH AND, WITH A BILL

                    THAT IS SCARCELY -- THAT -- THAT IS STILL WARM FROM THE PRINTER - I SHOULDN'T

                    SAY THAT BECAUSE IT PROBABLY HASN'T BEEN PRINTED, IT'S, YOU KNOW, WARM

                    FROM THE COMPUTER SCREEN - TO PASS THAT WITHOUT SPENDING A DAY TO LET

                    PEOPLE WHO KNOW WHAT THEY'RE TALKING ABOUT AND DON'T WORK IN THIS

                                         40



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    BUILDING TO LOOK AT THE BILL AND SAY, YEAH, NOT A PROBLEM, OR, OOOH, BE

                    CAREFUL.  TO DO THAT ON THIS KIND OF TOPIC, GIVING THE LEGISLATURE --

                    GIVING THE GOVERNOR EVEN MORE POWER - INCLUDING THE POWER TO

                    EFFECTIVELY MAKE LAWS - THAN HE ALREADY HAS, I THINK THAT'S A PRETTY BAD

                    IDEA.

                                 YOU KNOW, THIS BILL MAY WELL BE INNOCUOUS.  IT MAY

                    WELL DO SOMETHING HELPFUL, BUT IT'LL BE JUST AS INNOCUOUS OR JUST AS

                    HELPFUL TOMORROW NIGHT OR WEDNESDAY MORNING AS NOW.  AND IT'S GOING

                    TO TAKE THE HEALTH DEPARTMENT SOME TIME TO IMPLEMENT THIS LAW EVEN

                    IF WE ENACT IT TONIGHT.  THEY CAN START WORKING ON HOW -- PLANNING FOR

                    HOW THEY'RE GOING TO IMPLEMENT IT SO THAT THEY'LL BE READY WHETHER WE

                    PASS IT TONIGHT OR TOMORROW OR WEDNESDAY MORNING.  WHAT'S DIFFERENT

                    IS THAT WE'LL HAVE HAD AN OPPORTUNITY TO GET SOME THOUGHTS ABOUT THIS

                    BILL FROM PEOPLE WHO KNOW WHAT THEY'RE TALKING ABOUT, BUT JUST HAPPEN

                    TO NOT WORK IN THIS BUILDING.

                                 I THINK WE SHOULD TAKE THAT DAY OR TWO, AND EVEN MORE

                    IF IT TAKES -- IF THAT'S NECESSARY, SO THAT WE CAN HAVE SOME CONFIDENCE

                    THAT WE'RE DOING THE RIGHT THING AND NOT MAKING SOME MISTAKE THAT WE

                    WILL LIVE TO REGRET.  AND, BY THE WAY, I CAN ALREADY HEAR PEOPLE SAYING,

                    OOOH, YOU KNOW, HE CAN DO THIS FOR ONLY 30 DAYS AT A TIME, AND THIS

                    EXPIRES APRIL OF 2021 AND IF WE GET BOTH HOUSES TO PASS A RESOLUTION

                    WE CAN STOP ONE OF THESE ACTIONS.  WELL, IN THEORY YES, BUT THINK OF ALL

                    THE THINGS THAT THIS GOVERNOR AND OTHER GOVERNORS HAVE GOT US TO PASS

                    ON THE THEORY OF, OH, IT'S ONLY TEMPORARY, AND AFTER TWO YEARS WELL, WE

                    EXTEND IT AGAIN, AND THEN AGAIN, AND THEN AGAIN.  AND NEXT APRIL WHEN

                                         41



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THERE ARE THINGS THAT WE'RE ALL GOING TO WANT IN THE BUDGET AND THE

                    GOVERNOR SAYS TO US, WELL, YOU KNOW, IF YOU WANT YOUR THING IN THE

                    BUDGET, HERE'S WHAT I WANT.  AND BEFORE YOU KNOW IT, IT'S BEEN YEARS

                    AND YEARS AND YEARS.

                                 AND, AGAIN, MAYBE IT'LL ALL BE FINE.  MAYBE NOTHING

                    BAD WILL HAPPEN, BUT NOTHING BAD WILL HAPPEN IF WE TAKE A DAY OR TWO

                    TO THINK ABOUT IT AND WE MAY WELL AVOID SOMETHING WE WILL REGRET FOR

                    YEARS.  I PLAN TO VOTE NO.

                                 ACTING SPEAKER AUBRY:  MR. BYRNE.

                                 MR. BYRNE:  THANK YOU, MR. SPEAKER.  I DON'T

                    KNOW HOW I FOLLOW THAT.

                                 (LAUGHTER)

                                 WILL THE SPONSOR YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ, WILL YOU

                    YIELD?

                                 MR. ORTIZ:  YES, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ YIELDS.

                                 MR. BYRNE:  THANK YOU, MR. ORTIZ.  EARLIER TODAY,

                    THE GOVERNOR HELD A PRESS CONFERENCE WITH THE NEW YORK CITY MAYOR,

                    HEALTH COMMISSIONER AND OTHERS WHERE HE SEEMINGLY ATTEMPTED TO PUT

                    NEW YORKERS AT EASE, SPEAKING ABOUT THE NEW CORONAVIRUS THAT WE'RE

                    VOTING ON RIGHT NOW.  WERE YOU ABLE TO WATCH ANY OF THAT PRESS

                    CONFERENCE?

                                 MR. ORTIZ:  NO, I DIDN'T WATCH THE PRESS CONFERENCE.

                                 MR. BYRNE:  OKAY.  THAT WAS THIS -- EARLIER THIS

                                         42



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    AFTERNOON, THE SAME TIME THAT MY COLLEAGUE, MR. GOODELL, MENTIONED,

                    YOU KNOW, TWEETS WERE GOING OUT THIS AFTERNOON, WE WERE LEARNING

                    ABOUT THIS POSSIBLE LEGISLATION.  HAS ANYTHING CHANGED WITH THE

                    CIRCUMSTANCES HERE IN NEW YORK STATE WITH THE CORONAVIRUS SINCE THIS

                    AFTERNOON?

                                 MR. ORTIZ:  NOT THAT I KNOW.

                                 MR. BYRNE:  OKAY.  NOT THAT I KNOW OF EITHER.  HE

                    STATED IN THE -- IN THE PRESS CONFERENCE, SO I'LL SHARE THIS WITH YOU.  I

                    FOUND IT INTERESTING, I ACTUALLY WATCHED IT BEFORE THIS DEBATE.  QUOTE,

                    "THIS IS NOT OUR FIRST RODEO," AND JUST LIKE THE HEALTH CHAIRMAN

                    MENTIONED EARLIER ABOUT THE HISTORY THAT OUR STATE HAS GONE THROUGH

                    WITH OTHER VIRUSES, HE CITED NUMEROUS OUTBREAKS THAT OUR STATE HAS

                    FACED, INCLUDING, BUT NOT LIMITED TO, IN 1968 THE HONG KONG FLU, THE

                    SWINE FLU, AVIAN FLU, EBOLA, SARS, AND MERS.  THROUGHOUT THAT

                    TIME, THE EXECUTIVE DID NOT HAVE THIS EXPANDED EXECUTIVE AUTHORITY

                    THAT WE'RE TALKING ABOUT TO ISSUE DIRECTIVES TO SUSPEND ANY STATE, LOCAL

                    LAW, ORDINANCE OR ORDERS IN RESPONSE TO AN IMPENDING DISEASE

                    OUTBREAK; IS THAT CORRECT?  THIS IS -- BECAUSE WE'RE ADDING THAT.

                                 MR. ORTIZ:  THAT IS CORRECT.

                                 MR. BYRNE:  WHAT'S CHANGED?

                                 MR. ORTIZ:  WELL, WHAT HAS CHANGED IS THE

                    DIFFICULTIES AND CHANGING THE RESOURCES AS WELL AS WHERE WE ARE TODAY,

                    THESE ARE DIFFERENT TIMES.

                                 MR. BYRNE:  AND -- AND I CAN UNDERSTAND THE

                    ARGUMENT FOR THE RESOURCES, AND $40 MILLION IS A LOT OF MONEY, BUT I

                                         43



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    CERTAINLY WANT TO MAKE SURE THAT OUR -- OUR HEALTH CARE PROVIDERS ARE

                    PREPARED, HAVE THE EQUIPMENT, THE TRAINING THAT THEY NEED, BUT THIS BILL

                    DOES A LOT MORE THAN JUST SPEND $40 MILLION, AND THAT'S REALLY WHAT

                    WE'RE TALKING ABOUT IS THAT EXPANDED EXECUTIVE AUTHORITY.

                                 NOW, ONE OF THE -- THE -- THE -- THE DEFINITIONS OR THE

                    KEY POINTS OF THE BILL MENTIONS THAT WE'RE NOT JUST TALKING ABOUT AN

                    "IMMINENT THREAT," BUT AN "IMPENDING OR URGENT THREAT" AND ADDING, AS

                    A DEFINITION, WELL, "DISEASE OUTBREAK," BUT IT DOESN'T ACTUALLY DEFINE

                    "DISEASE OUTBREAK."  WHAT WOULD BE INCLUDED IN A DISEASE OUTBREAK?  IS

                    THERE AN ACTUAL MEASUREMENT FOR THAT THAT THE GOVERNOR WILL HAVE TO

                    STAND BY, CERTAIN NUMBER OF PEOPLE AFFECTED?

                                 MR. ORTIZ:  WELL, YOU DON'T HAVE TO WAIT UNTIL IT

                    BECOME AN EPIDEMIC, I THINK WE NEED TO BE PROACTIVE.

                                 MR. BYRNE:  AND I UNDERSTAND THAT, BUT IS THERE A

                    MEASUREMENT IN THIS BILL, IN THIS LEGISLATION OR ANYWHERE ELSE IN STATE

                    LAW THAT THE GOVERNOR WOULD HAVE TO ADHERE TO?

                                 MR. ORTIZ:  YEAH, THAT WILL SPEAK FOR ITSELF.

                                 MR. BYRNE:  OKAY.  SO I -- I WILL -- I'LL TAKE THAT AS

                    A -- AS A NO.  THE GOVERNOR ALSO HIGHLIGHTED, AGAIN, THE NEED FOR

                    RESOURCES, AND I WOULD AGREE WITH THIS, FOR INCREASED LAB TESTING,

                    ACCESSIBLE MASKS AND TRAINING, AND I -- AND THOSE ARE ALL GOOD THINGS,

                    BUT SPENDING -- SPEAKING ABOUT THE $40 MILLION, DO WE KNOW WHERE

                    THOSE DOLLARS ARE GOING TO BE COMING FROM?  WILL THAT COME FROM THIS

                    FISCAL YEAR, A FUTURE FISCAL YEAR?

                                 MR. ORTIZ:  IT WILL COME FROM THE CURRENT FISCAL

                                         44



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    YEAR FROM THE GENERAL FUNDS.

                                 MR. BYRNE:  FROM THE GENERAL FUND, OKAY.  AND

                    THIS EXPANDED AUTHORITY THAT WE'RE -- WE'RE TALKING ABOUT, DO ANY OTHER

                    STATES IN THIS COUNTRY HAVE THAT TYPE OF AUTHORITY, OR ARE WE GOING TO BE

                    THE FIRST?

                                 MR. ORTIZ:  WELL, MANY -- MANY STATE HAVE THIS

                    KIND OF AUTHORITY, AS WELL AS CONNECTICUT, IT'S JUST ACROSS -- ACROSS THE

                    RIVER.  SOME STATE DO HAVE THE AUTHORITY TO DO IT WITHOUT -- WITHOUT

                    WHAT WE'RE DOING HERE TONIGHT.

                                 MR. BYRNE:  THEY GIVE THEIR EXECUTIVE THE POWER

                    FOR AN IMPENDING OR URGENT THREAT AND INCLUDING DISEASE OUTBREAK?

                                 MR. ORTIZ:  ABSOLUTELY.

                                 MR. BYRNE:  WHAT OTHER STATES, DO YOU KNOW

                    OFFHAND?  IS WASHINGTON, FOR EXAMPLE, ONE OF THE STATES I THINK THAT ARE

                    MORE DIRECTLY AFFECTED BY THIS?

                                 MR. ORTIZ:  I WILL -- I WILL SAY TO YOU THAT -- THAT I

                    DO HAVE KNOWLEDGE ABOUT CONNECTICUT AND I KNOW MANY STATE HAVE

                    DIFFERENT KIND OF EXECUTIVE POWER, AS WELL AS EVEN THE TERRITORY OF

                    PUERTO RICO.  THE GOVERNOR CAN STAND UP AND DO WHAT THE GOVERNOR

                    FEEL IS BEST FOR THE PEOPLE OF PUERTO RICO, REGARDING THE EARTHQUAKE,

                    REGARDING THE TWO HURRICANE THAT HAPPEN, AND THEY WAS -- THEY ACT

                    PROMPTLY AND BEGAN TO DO THE WORK THAT NEEDED TO BE DONE AND ADDRESS

                    THE ISSUE.

                                 MR. BYRNE:  THANK YOU -- THANK YOU, MR. ORTIZ.

                    AND GOING TO CHECKS AND BALANCES, AND THIS WAS ACTUALLY MENTIONED

                                         45



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    EARLIER BY ONE OF OUR PREVIOUS SPEAKERS AND ONE OF OUR COLLEAGUES

                    ABOUT CHECKS AND BALANCES WITH THE EXECUTIVE.  WE DO HAVE ONE OF THE

                    MOST POWERFUL EXECUTIVE'S AS FAR AS STATE GOVERNMENT GOES IN THIS

                    COUNTRY.  AND LOOKING AT THIS -- THIS LANGUAGE IN THIS BILL, ACTUALLY WITH

                    PREVIOUS LAW AS IT WAS WRITTEN AND IT SEEMS TO CONTINUE, THE ONLY TWO

                    CHECKS THAT I SEE IS AFTER, I THINK IT'S ON PAGE 4 - I JUST WANT TO CONFIRM

                    THIS WITH YOU - YOU HAD A PRETTY THOROUGH EXPLANATION OF THE BILL SO IT

                    MAY BE A LITTLE REDUNDANT, BUT I WANT TO MAKE SURE THAT WE GET THIS ON

                    THE RECORD - THAT AFTER 30 DAYS -- THE -- "NO SUSPENSION OF THE DIRECTIVE

                    SHALL BE MADE FOR A PERIOD IN EXCESS OF 30 DAYS PROVIDED, HOWEVER,

                    THAT UPON RECONSIDERATION OF ALL THE RELEVANT FACTS AND CIRCUMSTANCES,

                    THE GOVERNOR MAY EXTEND THE SUSPENSION FOR ADDITIONAL PERIODS NOT TO

                    EXCEED 30 DAYS."  SO, THAT'S WHEN WE HEARD OTHER MEMBERS TALK ABOUT

                    THIS THAT HE CAN CONTINUE TO EXTEND THIS INDEFINITELY IF HE SO CHOOSE, BUT

                    HE WOULD HAVE THE ABILITY TO EXTEND THAT AND HAVE TO REVISIT IT EVERY 30

                    DAYS, THAT'S ONE CHECK.

                                 AND THE SECOND ONE IS IF THE LEGISLATURE ACTUALLY EVER

                    DID HAVE THE, YOU KNOW, THE GUMPTION TO COME BACK HERE AND

                    CHALLENGE THE GOVERNOR, THAT WE COULD PASS A CONCURRENT RESOLUTION TO

                    TERMINATE THE EXECUTIVE ORDER -- ORDER ISSUED UNDER THIS SECTION OF

                    LAW.

                                 ARE THOSE THE TWO CHECKS THAT YOU WOULD -- IS THERE

                    ANYTHING ELSE THAT WE COULD DO TO CHECK THE EXECUTIVE WITH THIS

                    NEW-FOUNDED AUTHORITY THAT HE'LL HAVE?

                                 MR. ORTIZ:  WELL, YES, AND ALSO, IT WOULD HAVE TO BE

                                         46



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    A CONTINUED DISASTER AND -- BUT AT THIS POINT, THOSE ARE THE TWO CHECKS

                    AND BALANCE AND THAT WE CAN OVERRIDE THE GOVERNOR IF WE CHOOSE TO DO

                    SO.

                                 MR. BYRNE:  OKAY.  THANK YOU.  THANK YOU,

                    SPONSOR, MR. ORTIZ.  I APPRECIATE YOUR TIME.

                                 I, TOO, MR. SPEAKER, DO HAVE SOME CONCERNS WITH THIS

                    BILL, AS ECHOED BEFORE.  I MAY SPEAK LATER ON, BUT I DO THANK THE SPONSOR

                    FOR HIS TIME.

                                 ACTING SPEAKER AUBRY:  MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ, WILL YOU

                    YIELD?

                                 MR. ORTIZ:  YES, SIR.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RA:  I WANT TO JUST GO BACK FOR A MINUTE TO

                    SOMETHING MR. BYRNE ASKED YOU ABOUT, AND THAT'S IN TERMS OF, YOU

                    KNOW, ADDING "DISEASE OUTBREAK" HERE AND, YOU KNOW, THERE'S NO

                    DEFINITION.  I -- I KNOW IT IS A, OBVIOUSLY A TERM WE'VE HEARD A NUMBER

                    OF TIMES.  DOES THE LEGISLATION ENVISION THAT, YOU KNOW, IT WOULD

                    REQUIRE THAT THE WORLD HEALTH ORGANIZATION, THE CDC, ONE OF THOSE

                    ENTITIES DECLARE A DISEASE OUTBREAK TO -- IN ORDER FOR THESE POWERS TO BE

                    TRIGGERED?

                                 MR. ORTIZ:  NO, WE DON'T HAVE TO WAIT FOR AN

                    EPIDEMIC.

                                         47



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. RA:  NO, I'M NOT TALKING ABOUT AN EPIDEMIC, I'M

                    TALKING ABOUT AN OUTBREAK.  OR IS IT -- IT'S COMPLETELY UP TO THE

                    GOVERNOR TO DECIDE SOMETHING'S AN OUTBREAK UNDER THIS LANGUAGE?

                                 MR. ORTIZ:  I WOULD SAY THE ANSWER WILL BE YES.

                                 MR. RA:  OKAY.  THESE EXPANDED POWERS, AM I

                    CORRECT THAT BOTH THE INCLUSION OF DISEASE OUTBREAK, AS WELL AS THE OTHER

                    PROVISIONS REGARDING SUSPENSIONS OF LAWS, THOSE WOULD SUNSET ON APRIL

                    30TH, 2021 UNDER THIS LEGISLATION?

                                 MR. ORTIZ:  THAT IS CORRECT.

                                 MR. RA:  OKAY.

                                 MR. ORTIZ:  THE NEW DIRECTIVES ONLY, YEAH, FOR 20 --

                    APRIL 2021.

                                 MR. RA:  OKAY.  AND THEN JUST IN TERMS OF THIS -- THIS

                    $40 MILLION.  YOU KNOW, IT WAS MENTIONED EARLIER THE DEPARTMENT OF

                    HEALTH SOMEWHERE, YOU KNOW, IN TERMS OF THE HEALTH CARE SPENDING IN

                    OUR BUDGET, SOMEWHERE AROUND $88 BILLION IN THE LAST BUDGET.  REALLY, I

                    THINK THE QUESTION A LOT OF US ARE ASKING IS WHY DO WE NEED TO DO THIS

                    SEPARATE APPROPRIATION?  WHY IS THERE NOT ENOUGH EXISTING AUTHORITY TO

                    ADDRESS THIS WITHIN THE DEPARTMENT OF HEALTH?  WHY DO WE NEED AN

                    APPROPRIATION HERE TONIGHT TO ADDRESS THIS?

                                 MR. ORTIZ:  IT IS -- THE REASON BEING IS BECAUSE WE

                    WANT TO MAKE SURE THAT THE MONEYS ARE MARKED FOR THIS SPECIFIC

                    PURPOSE.

                                 MR. RA:  OKAY.  IN TERMS OF THAT SPECIFIC PURPOSE,

                    THEN, WHAT -- WHAT'S ENVISIONED?  IS IT -- WILL MONEY BE AVAILABLE TO,

                                         48



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    YOU KNOW, PATIENTS, IS IT FOR -- IS IT FOR EQUIPMENT OR THE WHOLE -- THE

                    WHOLE GAMUT OF POSSIBLE NEEDS FROM THIS?

                                 MR. ORTIZ:  WELL, AS I STATED BEFORE WITH MY

                    OPENING STATEMENT, THIS FUNDING WILL BE FOR ADDITIONAL PERSONNEL,

                    EQUIPMENT AND SUPPLIES, AS WELL AS TRAVEL COSTS AND TRAINING FOR THE

                    PEOPLE IN THE DEPARTMENT.

                                 MR. RA:  OKAY.  AND I'M AWARE THAT EARLIER TODAY THE

                    GOVERNOR SAID HE WAS GOING TO ISSUE A DIRECTIVE THAT WOULD SUSPEND ALL

                    COST-SHARING FOR INDIVIDUALS WITH REGARD TO THIS.  IS ANY OF THIS FUNDING

                    CONTEMPLATED THAT IT MIGHT BE USED TO REIMBURSE INDIVIDUALS OR -- OR

                    ENTITIES THAT HAVE TO, YOU KNOW, TAKE ON THAT COST?

                                 MR. ORTIZ:  CAN YOU -- CAN YOU REPEAT THE

                    QUESTION?

                                 MR. RA:  THE GOVERNOR ANNOUNCED EARLIER TODAY THAT

                    THERE WAS A DIRECTIVE THAT HE WAS GOING TO BASICALLY SUSPEND ANY

                    COST-SHARING.  SO, YOU KNOW, A PATIENT WOULD GO IN, THEY WOULDN'T HAVE

                    TO PAY A CO-PAY IF THEY WERE GETTING, SAY, TESTED FOR THIS, TREATED FOR

                    THIS.  AND, YOU KNOW, I CAN IMAGINE THAT THERE'S A POTENTIAL THAT,

                    PERHAPS, YOU KNOW, A HEALTH CARE PROFESSIONAL OR PROVIDER COULD END

                    UP STUCK WITH SOME COSTS.  IS THERE FUNDING OR A POSSIBILITY WITHIN THIS

                    FUNDING THAT THOSE ENTITIES COULD BE REIMBURSED IF THEY GET STUCK WITH A

                    COST BECAUSE THEY CAN'T GET COST-SHARING FROM THE PATIENT?

                                 MR. ORTIZ:  IT IS -- IT IS POSSIBLE THAT THAT WILL BE THE

                    CASE.

                                 MR. RA:  OKAY.  AND THEN LASTLY IN TERMS OF THE

                                         49



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    FUNDING.  THE LANGUAGE IN THE BILL SAYS, "MAY," YOU KNOW, IN TERMS OF

                    THE MUNICIPALITIES.  THE EARLIER LANGUAGE TALKS ABOUT, "IT SHALL" -- WHAT

                    IT SHALL BE USED FOR, BUT IT SAYS THERE MAY BE AID AVAILABLE TO

                    MUNICIPALITIES.  DO WE EXPECT THAT THAT'S GOING TO BE, YOU KNOW,

                    SHOULD IT BE -- SHOULD THERE BE ENOUGH THAT MAYBE WE MIGHT BE ABLE TO

                    REIMBURSE MUNICIPALITIES WHO I'M SURE ARE GOING TO HAVE COSTS WITH

                    REGARD TO THIS, IN PARTICULAR IF THERE IS A, YOU KNOW, OUTBREAK IN A

                    PARTICULAR PART OF THE STATE AND -- AND, YOU KNOW, THE COUNTY HEALTH

                    DEPARTMENT OR WHOEVER HAS COSTS INCURRED AS A RESULT OF, YOU KNOW,

                    TESTING AND TREATING THOSE INDIVIDUALS?

                                 MR. ORTIZ:  YES, THE DIVISION OF BUDGET WILL

                    ANALYZE THOSE REQUESTS AND EXECUTE ACCORDINGLY.

                                 MR. RA:  OKAY.  AND I SAID THAT WAS THE LAST ONE, BUT

                    I DO HAVE ONE OTHER QUESTION.  SO, IF -- AND I THINK WE WOULD ALL HOPE

                    THIS WOULD BE THE CASE, THAT IN THE SHORT-TERM, YOU KNOW, THIS IS ABLE TO

                    BE CONTROLLED AND -- AND HOPEFULLY, YOU KNOW, WE DON'T HAVE HUGE

                    SPREADING OF IT THROUGHOUT NEW YORK AND THROUGHOUT OUR COUNTRY, IF IT

                    SHOULD MATERIALIZE THAT IN THE SHORT-TERM THIS IS CONTAINED AND THE FULL

                    APPROPRIATION OF $40 MILLION ISN'T NECESSARY, WHAT WOULD HAPPEN THEN?

                    IS THERE ANY PROVISIONS THAT THIS COULD GO BACK, YOU KNOW, FOR SOME

                    OTHER HEALTH CARE PURPOSE, BACK TO THE GENERAL FUND; HOW WOULD THAT

                    BE ADDRESSED?

                                 MR. ORTIZ:  YES, THE FUND CAN BE USED FOR OTHER

                    SERVICES, BUT THIS -- THIS IS ALSO EXPIRE LIKE ANY OTHER APPROPRIATION,

                    WHEN THE SUNSET DATE COME, IT'S OVER.

                                         50



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. RA:  OKAY, THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR. RA.

                                 MR. RA:  SO, I DON'T WANT TO BELABOR THE POINT ON

                    THIS.  YOU KNOW, SEVERAL OF MY COLLEAGUES HAVE SPOKEN ABOUT IT.  I

                    THINK WE'RE ALL AWARE OF -- OF THIS ISSUE, WHAT'S GOING ON WITH IT.  YOU

                    KNOW, WE'VE SEEN COMMENTS, YOU KNOW, AT EVERY LEVEL OF GOVERNMENT

                    ABOUT HOW WE CAN ADDRESS IT.  BUT I DON'T THINK ANY OF US IN THIS

                    CHAMBER SHOULD BE NAÏVE ENOUGH OR ARE NAÏVE ENOUGH TO NOT REALIZE

                    THAT WHAT'S HAPPENING HERE TONIGHT IS THAT WE'RE APPROPRIATING FUNDING,

                    WHICH CERTAINLY MAY BE NEEDED, CERTAINLY IS -- IS GOING TO HELP WITH A

                    POTENTIAL PUBLIC HEALTH CRISIS; THAT'S A POSITIVE THING.  I DON'T THINK

                    THERE'S ANY REASON WE HAVE TO DO IT RIGHT NOW TONIGHT AS OPPOSED TO

                    TOMORROW OR AFTER THIS BILL HAS HAD A PROPER AGING PERIOD; I'LL REMIND

                    YOU THE CONSTITUTION SAYS THREE DAYS, NOT THREE HOURS.

                                 BUT I THINK WE ALSO HAVE TO BE VERY CAREFUL ABOUT THE

                    EXPANSION OF POWERS THAT -- THAT WE'RE GIVING UNDER THIS.  THERE IS A

                    HEALTH CRISIS THAT IS BEING USED TO JUSTIFY AN EXPANSION OF POWERS THAT,

                    AS ONE OF THE PRIOR SPEAKERS SAID, WE DON'T KNOW WHAT THE FULL

                    RAMIFICATIONS OF THAT ARE GOING TO BE.  THERE COULD BE A SITUATION OVER

                    THE NEXT YEAR-AND-A-HALF WHILE THESE POWERS ARE IN EFFECT THAT HAS

                    NOTHING TO DO WITH THE CORONAVIRUS WHERE THESE POWERS ARE -- ARE

                    INVOKED IN A WAY TO SUSPEND WHO KNOWS WHAT LAWS AND IT COULD BE

                    DONE IN A WAY TO CREATE REALLY ABSOLUTE POWER IN THE EXECUTIVE.  THAT

                    IS A HUGE CONCERN FOR ME, IT SHOULD BE A HUGE CONCERN FOR EVERY SINGLE

                                         51



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    ONE OF US IN THIS CHAMBER.

                                 I AM GLAD TO SEE THAT WE HAVE SOME ABILITY TO OVERRIDE

                    THAT, BUT WE ALL KNOW THAT IN DIFFERENT INSTANCES, WHETHER IT'S THROUGH

                    THE BUDGET PROCESS, OFTENTIMES WE END UP IN A SITUATION WHERE A VERY

                    POWERFUL EXECUTIVE IS ABLE TO EXERT THEIR WILL ON US.  AND I AGREE WITH

                    WHAT ONE OF MY COLLEAGUES SAID EARLIER.  I DON'T THINK THESE POWERS ARE

                    BEING GIVEN BACK WHEN THAT SUNSET DAY FINALLY COMES, WHETHER IT'S IN A

                    BUDGET NEXT YEAR, OH IT NEEDS TO BE EXTENDED.  VERY FEW TIMES HAVE I

                    SEEN POWERS BE GIVEN BACK, ESPECIALLY EXECUTIVE POWERS IN A STATE

                    WHERE WE ALREADY HAVE AN EXECUTIVE WHO HAS TREMENDOUS POWER IN

                    THE BUDGET PROCESS AND WE KNOW IS VERY, VERY HAPPY TO UTILIZE IT AND

                    NEVER HESITATES TO UTILIZE IT TO GET WHAT THEY WANT.

                                 SO, I HOPE THAT, MY COLLEAGUES, WE ALL UNDERSTAND THE

                    GRAVITY OF THIS, THE POTENTIAL FOR THIS DISEASE, THIS VIRUS TO GET OUT INTO

                    OUR COMMUNITIES, AND IT'S SOMETHING WE SHOULD ALL BE VERY CONCERNED

                    WITH, BUT BOY, IS IT A HUGE CONCERN FOR ME AS A LEGISLATOR, AND IT SHOULD

                    BE FOR EVERYBODY IN THIS CHAMBER, TO GIVE THESE KIND OF POWERS TO AN

                    EXECUTIVE WITHOUT EVEN DOING A LITTLE BIT OF TRANSPARENCY THAT WAS

                    ASKED FOR EARLIER.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. LALOR.

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

                    SPONSOR YIELD FOR A FEW MORE QUESTIONS QUICKLY?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    ORTIZ?

                                         52



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. ORTIZ:  YES, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. LALOR:  THANK YOU.  AS HAS BEEN STATED, OUR

                    CONFERENCE WAS LOCKED OUT OF THE PROCESS UNTIL A COUPLE OF HOURS AGO,

                    BUT WE HEARD SOME RUMORS, OR I HEARD SOME RUMORS THAT THIS LEGISLATION

                    BEFORE US THAT COMBINES THE APPROPRIATION AND THE EXPANSION OF

                    EXECUTIVE AUTHORITY ORIGINALLY STARTED AS TWO BILLS; ONE FOR THE

                    APPROPRIATION AND ONE FOR THE EXPANSION OF EXECUTIVE AUTHORITY; IS THAT

                    THE CASE?

                                 MR. ORTIZ:  NO, THAT'S NOT THE CASE, NOT REALLY.  NO,

                    IT'S NOT.

                                 MR. LALOR:  IT WAS ALWAYS THE ONE BILL WITH THE

                    COMBINATION?

                                 MR. ORTIZ:  IT'S ONLY ONE BILL -- IT STARTED WITH ONE

                    BILL AND ONE BILL ONLY.

                                 MR. LALOR:  WHY NOT SPLIT THE BILL INTO AN

                    APPROPRIATION THAT WE CAN AGREE THAT WE SHOULD GET MOVING WITH THESE

                    ACQUISITIONS AND THIS FUNDING TO FIGHT THE DISEASE --

                                 MR. ORTIZ:  BECAUSE -- BECAUSE AT THIS POINT, THE

                    BOTH ISSUES THAT HAVE TO BE ADDRESSED TOGETHER.  THEY BOTH BE NEEDED

                    AT THIS POINT.

                                 MR. LALOR:  I THINK WE HAVE WIDESPREAD AGREEMENT

                    THAT THE $40 MILLION OR -- OR SOME FUNDING AND SOME ATTENTION SHOULD

                    GO TOWARDS FIGHTING CORONAVIRUS DISEASE 19, AND I THINK THERE'S A LOT OF

                    DISAGREEMENT; IN FACT, IN THE OTHER CHAMBER THERE WAS BIPARTISAN

                                         53



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    DISAGREEMENT ON THE EXECUTIVE AUTHORITY.  SO, WE HAVE TIME.  WE

                    COULD PASS THE FINANCIAL PART TONIGHT AND THEN WE COULD WAIT UNTIL THE

                    LIGHT OF DAY TOMORROW OR THE NEXT DAY, GIVE US SOME TIME TO KICK THE

                    TIRES, GIVE US SOME TIME WHEN, AS WAS STATED BEFORE, WE'VE BEEN

                    WORKING A LONG DAY, WE COULD SEE ALL THE UNINTENDED CONSEQUENCES, WE

                    COULD SEE ALL THE ANGLES.  WHY NOT WAIT BEFORE WE EXPAND EXECUTIVE

                    AUTHORITY?  WHAT'S THE REASON NOT TO SPLIT THE BILLS INTO TWO?

                                 MR. ORTIZ:  WELL, WE ARE GOING TO BE DOING THE

                    BUDGET IN THE NEXT -- HOPEFULLY IN THE NEXT 30 DAYS AND WE CAN -- YOU

                    ALWAYS, AND EVERY SINGLE ONE OF US CAN ALWAYS WEIGH IN TO THE BUDGET

                    PROCESS.  AT THIS POINT, THIS WHAT WE'RE DOING TODAY.  I THINK THIS IS A

                    PROACTIVE WAY OF DEALING WITH A PUBLIC HEALTH ISSUE THAT WE HAVE IN

                    NEW YORK STATE AS WE SPEAK, AND I THINK IT'S VERY IMPORTANT THAT WE GO

                    AHEAD AND MOVE FORWARD.

                                 MR. LALOR:  I DIDN'T CATCH WHAT YOU SAID ABOUT THE

                    BUDGET PROCESS.

                                 MR. ORTIZ:  WELL, I THINK -- I THINK THIS IS A -- THIS IS

                    A -- THIS IS A VERY IMPORTANT MOMENT NOW TO DO THIS AND TO ACT

                    PROACTIVELY.

                                 MR. LALOR:  WHAT HARM WOULD BE DONE IF WE

                    WAITED UNTIL SAY, WEDNESDAY, WHEN WE COULD TALK TO SOME EXPERTS, TALK

                    TO OUR CONSTITUENTS, THE PEOPLE THAT WE REPRESENT, BEFORE WE DO THAT?

                    WHAT WOULD BE THE HARM THAT WOULD OCCUR IF WE WAITED THE NORMAL

                    THREE-DAY AGING PERIOD?

                                 MR. ORTIZ:  YOU KNOW, THE BOTTOM LINE HERE IS IT

                                         54



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    STILL CAN BE DONE, BUT WE ARE HERE TODAY AND I THINK IT'S ABOUT 10:30

                    RIGHT NOW.

                                 MR. LALOR:  IT'S ALMOST TOMORROW, THAT'S MY

                    CONCERN.

                                 MR. ORTIZ:  WELL, WE WILL -- I THINK THE QUICKER WE

                    ARE, THE BETTER WE WILL BE.  THE STATE OF NEW YORK, I THINK, WE NEED TO

                    BE PROACTIVE, WE NEED TO BE IN A -- IN A POSITION THAT -- THAT WE BE ABLE

                    TO SERVE THE PEOPLE THAT SEND US HERE, THE STATE OF NEW YORK.

                                 MR. LALOR:  THANK YOU.  AND I'M LOOKING AT THE

                    BILL, AND THE BILL'S ONLY TWO PAGES, SO WE CAN ALL READ IT - THERE'S A

                    FEATHER IN OUR CAP - THE BILL'S ACTUALLY 50 LINES.  BUT I HAVE TO GO ALL THE

                    WAY DOWN TO LINE 40 OUT OF 50 BEFORE I READ "CORONAVIRUS DISEASE 19."

                    AND THE FIRST 35, 38 LINES ARE ABOUT THE EXECUTIVE AUTHORITY, AND THE

                    LAST FEW LINES ARE ABOUT THE FUNDING.  THE FUNDING IS LIMITED TO THE

                    DISEASE.  THE $40 MILLION I THINK WE ALL AGREE SHOULD GO TO FIGHT

                    CORONAVIRUS DISEASE 19, VERY SPECIFIC.  WE'RE NARROWING THE ABILITY OF

                    THE EXECUTIVE TO SPEND THE MONEY.  I THINK WE ALL AGREE ON THAT, OR

                    MOST OF US AGREE ON THAT.  THE EXECUTIVE POWER, THE FIRST 38 LINES OF

                    THE BILL, IS NOT LIMITED TO THE CORONAVIRUS DISEASE FIGHT; WHY NOT?

                                 MR. ORTIZ:  YOU KNOW, THIS -- THIS -- THESE

                    PROBLEMS ARE FOR ALL KIND OF DISASTER AND THE FACT OF THE MATTER IS THAT

                    MAYBE IT'S A LITTLE BROADER, SO YOU KNOW, WE ARE --

                                 MR. LALOR:  CAN I STOP YOU RIGHT THERE?

                                 MR. ORTIZ:  SURE.

                                 MR. LALOR:  CURRENTLY THE EXECUTIVE HAS THE POWER

                                         55



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    TO DEAL WITH DISASTER.

                                 MR. ORTIZ:  WELL, THIS IS -- THIS IS AN UNEXPECTED

                    TYPE OF --

                                 MR. LALOR:  MOST DISASTERS ARE.

                                 MR. ORTIZ:  THIS IS AN EPIDEMIC, THIS IS A DIFFERENT

                    ISSUE THAT WE HAVE TO DEAL WITH AND THAT IS THE REASON WHY WE'RE HERE

                    TONIGHT.

                                 MR. LALOR:  RIGHT.  SO WHY DID WE LIMIT IT FOR THE

                    FUNDING, BUT NOT FOR THE EXECUTIVE POWER?  WHY IS -- WHY DOES THE

                    FUNDING HAVE TO BE SPECIFIC TO CORONAVIRUS DISEASE 19, BUT THE

                    EXECUTIVE AUTHORITY DOESN'T?  WHY DON'T WE LIMIT THE EXECUTIVE

                    AUTHORITY TO DEALING WITH THIS OUTBREAK BECAUSE IT'S SO IMPORTANT AND

                    IT'S SO TIMELY?

                                 MR. ORTIZ:  WELL, LET ME JUST -- JUST TRANSLATE WHAT

                    HAS BEEN SAID TO ME.  IT'S A COUPLE OF ISSUE HERE.  ISSUE NUMBER ONE:

                    THE LANGUAGE COULD BE A LITTLE BROADER, BUT THE -- THE PURPOSE OF -- OF

                    THE ALLOCATION, IF THE EARMARK OF THE $40 MILLION HAVE A SPECIFIC

                    PURPOSE, WE SHOULD ALSO HAVE A SUNSET, WHICH IS -- WHEN THAT SUNSET

                    HIT, THAT -- THAT MONEY IS GONE.  SO -- SO, I DON'T -- I DON'T SEE ANY WAY

                    OUT THAT THE GOVERNOR WILL BE ABLE TO ABUSE THE $40 MILLION ALLOCATION

                    AS WE SPEAK.

                                 MR. LALOR:  YOU DON'T THINK AN EXECUTIVE COULD

                    ABUSE HIS EXECUTIVE POWER?

                                 MR. ORTIZ:  THE MONEY IS ALLOCATED FOR A SPECIFIC

                    PURPOSE AND THAT'S WHAT WE ARE HERE FOR.

                                         56



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. LALOR:  DO YOU KNOW THAT THIS GOVERNOR IN

                    2017, NOT THAT LONG AGO, USED HIS EXECUTIVE AUTHORITY, DECLARED A

                    DISASTER BECAUSE THE FEDERAL GOVERNMENT CHANGED THE TAX LAWS AND

                    ALLOWED PEOPLE TO FILE THEIR TAXES AT A DIFFERENT TIME?  I DON'T THINK

                    ANYBODY UNTIL GOVERNOR CUOMO CAME UP WITH THAT NOVEL LEGAL THEORY

                    THOUGHT THAT A CHANGE IN THE FEDERAL TAX CODE WAS A, QUOTE, "DISASTER"

                    THAT INVOKED ENHANCED EXECUTIVE POWER HERE IN NEW YORK STATE AND,

                    YET, THIS GOVERNOR FOUND A WAY THROUGH THAT NOVEL LEGAL THEORY TO

                    EXPAND HIS POWER.  SO ARE YOU CONCERNED THAT HE CAN ABUSE IT?

                                 MR. ORTIZ:  WELL, LET ME JUST -- WHAT I'M CONCERNED.

                    I'M CONCERNED ABOUT THE ACTIONS THAT IF WE DON'T TAKE ANY TONIGHT AND

                    I'M VERY CONCERNED ABOUT THE CORONAVIRUS THAT WE HAVE -- THAT WE HAVE

                    A VERY CLEAR SIGNAL THAT IS -- IS REAL, IS HAPPENING GLOBALLY AND WE HAVE

                    BEEN SEEING -- WE HAVE SEEN SOME NEWS AND I THINK THAT WE ARE

                    RESPONSIBLE ENOUGH AS LEADERS AND LEGISLATORS TO TAKE THE STAND THAT WE

                    HAVE TO TAKE AND YOU HAVE A POSSIBILITY OF DOING TWO THING, OF VOTING

                    FOR MY BILL OR VOTING AGAINST MY BILL.

                                 MR. LALOR:  I THINK THAT'S A FALSE CHOICE, DON'T YOU

                    AGREE?  COULDN'T WE HAVE SPLIT THIS?  WE'VE ONLY BEEN WORKING ON THIS

                    FOR A DAY, WE CAN SPLIT IT INTO TWO BILLS, WE CAN LET THE EXECUTIVE POWER

                    INCREASE, SEE THE LIGHT OF DAY, LET THE PEOPLE SEE IT.

                                 MR. ORTIZ:  I DO BELIEVE THAT WE HAVE THE ABILITY --

                                 MR. LALOR:  WHY IS IT ALL OR NOTHING?  BECAUSE WE

                    CAN DO IT ALL, WE CAN DO IT ALL.

                                 MR. ORTIZ:  WE HAVE A BILL ON THIS TABLE THAT --

                                         57



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. LALOR:  WE CAN DO THE EXECUTIVE POWER RIGHT

                    AND WE CAN FIGHT THIS DISEASE WITH MONEY.

                                 ONE LAST QUESTION, SIR.  WE'RE FIGHTING THIS AT THE STATE

                    LEVEL, THE FEDERAL GOVERNMENT IS FIGHTING IT AT THE FEDERAL LEVEL, THAT'S

                    OUR SYSTEM.  IF THE PRESIDENT OF THE UNITED STATES WENT TO THE CONGRESS

                    AND SAID, TIE FUNDING TO FIGHT THE CORONAVIRUS TO AN INCREASE IN MY

                    EXECUTIVE POWERS, WOULD YOU SUPPORT THAT?

                                 MR. ORTIZ:  LET ME JUST SAY THIS TO YOU, THAT WILL BE

                    A VERY INTERESTING QUESTION WITH A VERY INTERESTING ACCENT.  WE ARE IN

                    THE STATE OF NEW YORK SO THIS IS WHERE WE ARE NOW.  SO ONCE I'M IN

                    CONGRESS, I WILL ANSWER THAT QUESTION.

                                 (LAUGHTER)

                                 MR. LALOR:  IT'S A DIRECT PARALLEL, WE'RE A

                    LEGISLATURE, WE'RE SUPPOSED TO CHECK THE EXECUTIVE, WE'RE FIGHTING THE

                    SAME DISEASE, WE HAVE AN EXECUTIVE.  IT'S A DIRECT QUESTION, FEEL FREE TO

                    ANSWER IT.

                                 MR. ORTIZ:  WELL, I JUST -- I THINK I GIVE YOU MY

                    ANSWER.  I THINK THAT I'M HERE IN THE STATE LEGISLATURE, WE'RE DOING THIS

                    TONIGHT, WE'RE TRYING TO GET THIS PASSED BY AND IF I WAS IN CONGRESS, THAT

                    WOULD BE A DIFFERENT DYNAMIC.  WITH A DIFFERENT PRESIDENT I WOULD

                    PROBABLY SAY YES.

                                 MR. LALOR:  YOU WOULD GIVE PRESIDENT TRUMP

                    INCREASED EXECUTIVE --

                                 MR. ORTIZ:  I DIDN'T SAY PRESIDENT TRUMP, I SAID A

                    DIFFERENT PRESIDENT I WILL.

                                         58



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 (LAUGHTER)

                                 MR. LALOR:  MY VOTE MIGHT BE DIFFERENT WITH A

                    DIFFERENT, GOVERNOR, TOO --

                                 (LAUGHTER)

                                 -- AS WOULD A LOT OF PEOPLE IN THIS ROOM.

                                 THANK YOU, SIR.  I APPRECIATE IT.

                                 ACTING SPEAKER AUBRY:  MR. BARRON.

                                 MR. BARRON:  THANK YOU VERY MUCH.  YOU KNOW, I

                    COME FROM EAST NEW YORK AND WE HAVE A LOT OF SENIORS WHO ARE VERY,

                    VERY FRIGHTENED ABOUT THE POSSIBILITIES OF A PANDEMIC AND EPIDEMIC

                    HAPPENING.  THESE SENIORS ARE VERY VULNERABLE.  SO WHEN THE ISSUE

                    CAME UP, I WAS LOOKING FOR US TO APPROACH IT VERY SERIOUSLY WITHOUT

                    ANY POLITICAL MANIPULATION, WITHOUT ANY MANIPULATION BY THE GOVERNOR

                    TO EXPAND HIS POWER AND AUTHORITY.  SHAME ON YOU, GOVERNOR, THAT YOU

                    WOULD USE THE FEAR OF THE PEOPLE TO EXPAND YOUR POWER.  AND SHAME

                    ON US BECAUSE TONIGHT WE'RE GOING TO ALLOW HIM TO DO THAT.

                                 THE IDEA WAS PRESENTED IN TWO PIECES.  IT WAS

                    PRESENTED AS $40 MILLION APPROPRIATION AND EXPANSION OF THE

                    GOVERNOR'S POWER.  I WOULD HAVE VOTED FOR THE $40 MILLION RELUCTANTLY,

                    BECAUSE I THINK THAT THAT'S EVEN SOME MANIPULATION BECAUSE THAT

                    NEEDED TO BE VETTED MORE.  BUT HAD WE SPLIT THEM UP, I WOULD HAVE

                    VOTED NO FOR THE EXPANSION OF HIS POWERS AND YES FOR THE $40 MILLION.

                    AND THEN UNDERSTANDING THE $40 MILLION IS NOT COMING OUT ANY TIME

                    SOON, WE DON'T KNOW WHEN THAT'S GOING TO HAPPEN.

                                 I THINK WE'RE DOING OURSELVES AND OUR PEOPLE A REAL

                                         59



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    DISSERVICE TO NOT TAKE THIS GOVERNOR ON FROM TIME TO TIME.  THERE'S NOT

                    GOING TO BE ANY OVERRIDING OF ANYTHING HE DOES IF WE CAN'T EVEN STOP

                    HIS MANIPULATION NOW.  THIS IS CLEAR MANIPULATION TO EXPAND POWER

                    AND AUTHORITY, AND I THINK AS A LEGISLATIVE BODY, AND WE'RE FORCED TO DO

                    IT TONIGHT, LIKE IF WE DON'T -- AND I WANT TO PRAISE THE CHAIR OF THE

                    HEALTH COMMITTEE WHO PRESENTED AN EXCELLENT PRESENTATION AND WHO

                    HAS NOT GOTTEN ANSWERS AS TO WHY, WHAT WOULD HAPPEN DIFFERENTLY NOW

                    THAT HE DIDN'T HAVE THE POWER TO ALREADY DO.

                                 SO AT SOME POINT DURING THIS LENGTHY BUDGET PROCESS,

                    AT SOME POINT WE HAVE TO TAKE HIM ON, SAY WE WILL NOT BE MANIPULATED.

                    THIS IS A PRECEDENCE STARTING THE SESSION AROUND THE BUDGET AND I'M

                    ONLY FEARFUL THAT DOWN THE LINE, WE'RE GOING TO HEAR THE SAME THING

                    OVER AND OVER AGAIN, BUT SOME FEAR IF WE DON'T THIS, THE GOVERNMENT

                    WILL SHUT DOWN.  IF WE DON'T DO THIS, THE OTHER TWO, THE GOVERNOR AND

                    THE SENATE ALREADY DID IT SO IF WE DON'T DO IT, WE'RE GOING TO LOOK BAD.

                    NOTHING BUT A PR GAME.  IT'S NOTHING BUT A PR GAME, HOW DO WE LOOK?

                                 SO WE CAN'T GET OUT THERE AND SAY WE'RE NOT GOING TO

                    BE MANIPULATED BY THE GOVERNOR?  THAT WE'RE GOING TO TAKE A MINUTE

                    TO THINK THIS THING THROUGH, MAKE SURE WE DO THE RIGHT THING.  MAYBE

                    WE APPROPRIATE 100 MILLION, MAYBE THAT'S NOT ENOUGH.  MAYBE WE'LL SAY

                    THAT WE'LL DO SOME THINGS SO THAT IN THIS -- THESE MILLIONS OF DOLLARS THAT

                    SOME OF THE MONEY TRICKLES DOWN TO COMMUNITY HEALTH CLINICS, WHICH

                    IT'S NOT GOING TO DO AT THIS POINT.  WE HAVE URGENT CARE CENTERS, WE HAVE

                    COMMUNITY FAMILY HEALTH CENTERS IN EAST NEW YORK.  THAT MONEY'S NOT

                    GETTING THERE, NOT BY THIS.  OH, BUT THEY'LL TAKE CARE OF THAT LATER, THEY'LL

                                         60



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    WORK ON THAT.

                                 WE GOT TO STAND UP AT SOME POINT AND SAY GOVERNOR,

                    SHAME ON YOU FOR TRYING TO MANIPULATE THE ASSEMBLY, MANIPULATE THE

                    SENATE AND MANIPULATE THE FEARS OF OUR PEOPLE.  THIS COULD TURN OUT TO

                    BE A VERY DANGEROUS VIRUS, THAT'S WHY WE DON'T HAVE TIME TO PLAY

                    GAMES.  WE SHOULD CHECK 'EM RIGHT NOW AND THEN GET THE EXPERTS IN

                    HERE SO THAT WE CAN RESOLVE THIS IN A VERY SERIOUS, SERIOUS MANNER.

                    THIS IS NOT TIME TO PLAY POLITICS.  IT'S NOT TIME TO BE ON ONE SIDE OR THE

                    OTHER, ONE PARTY OR THE OTHER, THE GOVERNOR VERSUS THE LEGISLATURE.

                    AND THIS IS NOT THE TIME FOR ALLOWING HIM AND HIS EGO-TRIPPING INSECURE

                    PERSONALITY TO LOOK AT WANTING TO BE THE FIRST OR JUMPING OUT THERE AND

                    JUST PUTTING ANYTHING TOGETHER TO ENHANCE HIS POWERS.

                                 I KNOW YOU'RE GOING TO VOTE FOR IT.  I THINK IT'S A

                    MISTAKE.  I THINK WE COULD HAVE DONE BETTER.  I WILL BE VOTING NO,

                    SUPPORTING THE CHAIR OF OUR HEALTH COMMITTEE.  AND WHEN WE PICK

                    SUCH A FINE, PROGRESSIVE CHAIR OF OUR HEALTH COMMITTEE, WHEN DO WE

                    FOLLOW OUR CHAIR MORE THAN WE FOLLOW THE GOVERNOR?  OUR CHAIR

                    PRESENTED SOMETHING TO US, HE'S BEEN EXCELLENT OVER THE YEARS, HE

                    CERTAINLY HAS THE EXPERIENCE, THE INTELLIGENCE, THE KNOWLEDGE, AND WE

                    GOING TO SUPPORT A MANIPULATOR OVER OUR CHAIR.  THIS IS NOT A GOOD

                    NIGHT FOR US.  I'LL BE VOTING NO ON THIS BILL.

                                 ACTING SPEAKER AUBRY:  MR. SALKA.

                                 MR. SALKA:  WILL THE SPEAKER YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ, WILL YOU

                    YIELD?

                                         61



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. ORTIZ:  YES, MR. SPEAKER.

                                 MR. SALKA:  THANK YOU, SIR.  JUST A BRIEF QUESTION I

                    HOPE.  AND I THINK OUR MEDICAL SYSTEM IS ONE OF THE FINEST IN THE WORLD,

                    AND DR. ZUCKER DID AN EXCELLENT JOB TONIGHT ASSURING US THAT WE DO

                    HAVE A FIRM GRIP ON THIS.  I REMEMBER IN MY YEARS WORKING IN THE

                    INTENSIVE CARE UNITS AND IN THE MEDICAL PROFESSION WHEN SARS WAS

                    AROUND, MERS AND SOME OF THESE OTHER DISEASES THAT WE REALLY HAD A

                    DEEP-SEATED FEAR OF THAT THEY WOULD GET OUT OF CONTROL.  WE MANAGED TO

                    MANAGE -- TO TAKE CARE OF THOSE VERY WELL, TAKE CARE OF THE PEOPLE THAT

                    WERE AFFECTED BY IT.

                                 I GUESS MY QUESTION IS THIS:  WE ALL UNDERSTAND THAT

                    MORE MONEY IS NEEDED TO BE ABLE TO FIGHT THIS.  I DON'T THINK $40

                    MILLION IS ENOUGH.  IF YOU TOOK CRITICALLY ILL PATIENTS, WHICH CAN RACK UP

                    A BILL SOMETIMES OF $50- OR $100,000 IN AN INTENSIVE CARE UNIT, YOU'VE

                    GOT ABOUT ENOUGH LEFT TO TAKE CARE OF -- YOU'VE GOT ABOUT ENOUGH TO

                    TAKE CARE OF ABOUT 800 PATIENTS.  I HOPE AND PRAY TO GOD WE DON'T HAVE

                    ANYWHERE NEAR THAT, BUT I'M AFRAID IF WE DO, I WANT TO MAKE SURE WE'RE

                    WELL-PREPARED.  BUT MY QUESTION IS THIS:  WHAT DIFFERENCE DOES IT MAKE

                    TO THE DOCTORS AND THE NURSES AND THE PEOPLE THAT ARE TAKING CARE OF

                    THESE CRITICALLY-ILL PATIENTS, WHAT DIFFERENCE DOES IT MAKE HOW MUCH

                    POWER THE GOVERNOR HAS?  IT MAKES NO DIFFERENCE AT ALL TO THEM.  SO

                    WHY DON'T WE STAY FOCUSED MORE ON THE APPROPRIATION, ON THE MONEY TO

                    SUPPORT THEM, SUPPORT WHAT THE DOCTORS NEED, WHAT THE NURSES NEED,

                    WHAT THE HOSPITALS NEED, WHAT WE NEED FOR NEW DRUGS TO BE ABLE TO

                    FIGHT THIS.  WHY DON'T WE TAKE THAT POWER GRAB ASIDE, PUT IT ASIDE FOR

                                         62



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    NOW AND CONCENTRATE ON THE REAL MEANING OF WHAT WE ARE ALL HERE FOR,

                    AND THAT'S TO TAKE CARE OF THE PEOPLE IN OUR -- IN OUR DISTRICTS, THE

                    PEOPLE OF NEW YORK STATE, TO STAY FOCUSED ON THE INTENT OF MAKING

                    SURE WE FIGHT THIS VERY, VERY DANGEROUS DISEASE, AND TAKE THAT POWER

                    STRUGGLE THAT'S GOING ON RIGHT NOW AND JUST PUT IT ASIDE AND LET'S JUST

                    VOTE ON THE MONEY.  LET'S JUST MAKE SURE WE VOTE ON WHAT WE NEED, IN

                    ESSENCE, TO TAKE CARE OF THE PEOPLE THAT MIGHT BE AFFLICTED BY THIS

                    HORRIBLE DISEASE.

                                 THAT'S --JUST WONDERING WHAT DIFFERENCE IT WOULD

                    MAKE IF THE GOVERNOR HAS MORE POWER TO THOSE PEOPLE ON THE FRONT LINE

                    THAT ARE GOING TO BE FIGHTING THIS DISEASE.  I DON'T THINK IT'S GOING TO

                    MAKE ANY DIFFERENCE AT ALL, BECAUSE MOST OF THE PEOPLE IN THE MEDICAL

                    PROFESSION I'VE MET COULD CARE LESS ABOUT POLITICS, THEY JUST WANT TO DO

                    THEIR JOB.  THANK YOU.

                                 MR. ORTIZ:  THANK YOU.  THANK YOU.  THANK YOU FOR

                    YOUR COMMENT.  VERY WELL TAKEN.

                                 ACTING SPEAKER AUBRY:  MR. WALCZYK.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MR.

                    ORTIZ?

                                 MR. ORTIZ:  YES, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE SPEAKER [SIC]

                    YIELDS.

                                 MR. WALCZYK:  THANK YOU.  DOES THE GOVERNOR

                                         63



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    HAVE THE ABILITY CURRENTLY IN STATUTE TO RESPOND TO AN EMERGENCY SUCH

                    AS THIS?

                                 MR. ORTIZ:  HE HAS -- HE HAS OTHER POWER UNDER

                    OTHER LAWS, AND AS WELL THAT HE CAN SUSPEND SOME OF THEM BUT THIS ONE

                    IN PARTICULAR IS -- IS ADDRESSING THE NEED FOR HIM TO HAVE THE -- THE

                    POWER TO ADDRESS THE NEED OF THE CORONAVIRUS THAT WE -- THAT WE ARE

                    FACING TODAY.

                                 MR. WALCZYK:  THANK YOU.  WHAT ADDITIONAL LAWS

                    DO YOU THINK -- DO YOU ANTICIPATE MAY NEED TO BE SUSPENDED IN ORDER TO

                    ADDRESS THE CORONAVIRUS ISSUE?

                                 MR. ORTIZ:  I'VE BEEN ADVISED THAT PROBABLY WE

                    DON'T KNOW AT THIS POINT, SO...

                                 MR. WALCZYK:  SO WE -- WE CAN'T ANTICIPATE OR,

                    YOU KNOW, IN YOUR DISCUSSIONS THAT WE WEREN'T PRIVY TO FOR A FEW HOURS

                    TODAY, ANTICIPATING WHAT ADDITIONAL POWERS OR WHAT LAWS THE -- THE

                    GOVERNOR IS NOT GOING TO WANT TO FOLLOW OR REPEAL HERE, IT DIDN'T COME

                    UP AT ALL IN THAT DISCUSSION?

                                 MR. ORTIZ:  WELL, FIRST OF ALL, WE CANNOT PUT THE CART

                    BEFORE THE HORSE THAT WE STILL DON'T KNOW IF WE'RE GOING TO HAVE AN

                    EPIDEMIC, A CRISIS OR NOT.  SO WE JUST ARE PREPARING OURSELF AND TRYING

                    TO DEVELOP PREPAREDNESS AND A PLAN TO MAKE SURE THAT IF FOR ONE REASON

                    OR -- OR THAT HAPPENED THEN THAT WE WILL BE ABLE TO ACT AND WE WILL HAVE

                    THE RESOURCES AVAILABLE AND WILL BE IN PLACE.  IF IT DOESN'T HAPPEN AND IT

                    DOESN'T GET SPREAD, SO WE WILL BE ABLE THEN TO PULL OUT AND THEN WE CAN

                    MOVE FORWARD.  SO THAT'S A BLESSING.  SO WE'RE HOPING THAT NOTHING

                                         64



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    HAPPEN, BUT AT THE SAME TOKEN WE ARE BEING PROACTIVE IN TRYING TO

                    MAKE SURE THAT WE HAVE WHAT IS NEEDED IN PLACE AND NOT WAIT AT THE LAST

                    MINUTE TO CALL ALL THE LEGISLATOR BACK TO DO WHAT WE NEED -- NEEDED TO

                    BE DONE.  SO I THINK -- I THINK WE ARE VERY CAUTIOUS, BUT AT THE SAME

                    TOKEN WE ARE TAKING, I WILL SAY WITHIN MY OWN VIEW, THE RIGHT STEP TO

                    ADDRESS THIS ISSUE.

                                 MR. WALCZYK:  THANK YOU FOR THAT RESPONSE.  LIKE

                    YOU, I WANT TO SEE NEW YORK STATE DO EVERYTHING THEY CAN TO SAFEGUARD

                    THE PUBLIC AND MAKE SURE THAT WE'RE PREPARED FOR A POSSIBLE EPIDEMIC

                    OF THE CORONAVIRUS.  BUT ALSO LIKE YOU, I'M A POLICY-MAKER IN THE STATE

                    OF NEW YORK, AND IT'S TOUGH TO IMAGINE THAT WE WOULDN'T BE

                    ANTICIPATING WHAT IMPACT ON LAWS THAT GOVERN OUR CITIZENS IN CERTAIN

                    AREAS THAT THERE MAY BE AN OUTBREAK MIGHT BE IMPACTED AND HOW AS

                    POLICY-MAKERS WE WOULD THEN REACT TO THOSE, EITHER BY REGULATION

                    THROUGH AGENCIES OR ADDITIONAL LAWS THAT MAY BE NECESSARY MOVING

                    FORWARD FOR THE LEGISLATURE.  BUT I DO HAVE SOME MORE QUESTIONS.

                                 MR. ORTIZ:  GO AHEAD.

                                 MR. WALCZYK:  IN LAST YEAR'S BUDGET, DID WE

                    APPROPRIATE ANY MONEY FOR EMERGENCY SITUATIONS SUCH AS THIS STATUTE?

                                 MR. ORTIZ:  THE ANSWER IS YES.  I'VE BEEN TOLD YES.

                                 MR. WALCZYK:  AND HOW MUCH DID WE

                    APPROPRIATE IN LAST YEAR'S BUDGET?

                                 MR. ORTIZ:  A COUPLE OF BILLION DOLLARS.

                                 MR. WALCZYK:  AND OF THOSE COUPLE OF BILLION

                    DOLLARS, HOW MUCH OF THAT MONEY IS LEFT IN THE POT CURRENTLY BEFORE WE

                                         65



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    END THE FISCAL YEAR?

                                 MR. ORTIZ:  ALL OF THEM IS STILL IN THE FUND.

                                 MR. WALCZYK:  SO WE STILL HAVE A COUPLE OF

                    BILLION DOLLARS AVAILABLE CURRENTLY TODAY THAT THE GOVERNOR COULD USE

                    FOR DISASTERS, AND IF A CHANGE IN STATUTE HAPPENED TO INCLUDE A DISASTER

                    SUCH AS THE CORONAVIRUS, WHICH YOU'RE PROPOSING, THERE WOULD BE A

                    COUPLE OF BILLION DOLLARS THAT THE GOVERNOR COULD TAP INTO TO USE AS AN

                    APPROPRIATION IN RESPONSE TO THAT DISASTER?

                                 MR. ORTIZ:  YEAH, THEY ARE DRY APPROPRIATIONS.

                    THERE ARE NO CASH FUNDING INTO IT.

                                 MR. WALCZYK:  I'M SORRY, COULD YOU SAY THAT

                    AGAIN?

                                 MR. ORTIZ:  THEY ARE DRY APPROPRIATIONS.  THERE ARE

                    NO CASH FUNDING INTO -- INTO THE $2 BILLION.  SO HE CANNOT GO THERE AND

                    JUST SAY, LET ME BORROW $40 MILLION.  SO THIS IS -- THIS -- WHAT WE'RE

                    DOING HERE TODAY IS WE ARE APPROPRIATING $40 MILLION EARMARK FOR THE

                    CAUSE THAT WE'RE DISCUSSING AS WE SPEAK.

                                 MR. WALCZYK:  OKAY.  SO THIS $40 MILLION ISN'T

                    OUT OF THE $2 BILLION THAT IS CURRENTLY SITTING.

                                 MR. ORTIZ:  NO, THIS 2 -- THIS $40 MILLION IS -- IS OUT

                    OF THE GENERAL FUND OF -- OR THE -- OR -- IN APPROPRIATION.  HAD NOTHING

                    TO DO WITH THE $2 BILLION.

                                 MR. WALCZYK:  THANK YOU.  AND I -- I APOLOGIZE IF

                    THIS IS REDUNDANT, BUT IT'S NEW TO ME, OBVIOUSLY, AS THIS POLICY WAS

                    DEVELOPED AND WE'RE REACHING CLOSER TO THE MIDNIGHT HOUR THIS EVENING.

                                         66



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    BUT JUST TO HELP ME UNDERSTAND A LITTLE BIT BETTER, THE GOVERNOR WOULD

                    NOT HAVE ANY ABILITY IF WE SIMPLY CHANGED THE LAW TO ALLOW THE

                    CORONAVIRUS OR SOME OTHER PATHOGEN AS PART OF THE DISASTER STATUTE?  HE

                    WOULD HAVE ZERO ABILITY TO TAP INTO THE $2 BILLION THAT'S STILL ON THE

                    TABLE?

                                 MR. ORTIZ:  LET ME JUST -- LET ME JUST EXPLAIN IT THAT

                    -- THIS WAY, THE WAY THAT PROBABLY CAN BE MORE CLEAR.  THIS PARTICULAR

                    BILL IS A SPECIFIC EARMARK, THE $40 MILLION, FOR THIS SPECIFIC PURPOSE.  IF

                    WE WILL HAVE TO GO AND TELL THE GOVERNOR, YOU CAN TAKE IT FROM THE

                    $2 BILLION, I THINK THAT WILL BE COMPLETELY INAPPROPRIATE EVEN THOUGH

                    HE MIGHT CAN -- HAVE THE ABILITY TO DO THAT.  BUT I THINK THAT WE WANT TO,

                    LIKE ALL OF US, WANT TO KEEP HIM ACCOUNTABLE.  SO I THINK THIS $40

                    MILLION BEING EARMARKED FOR THE PURPOSE OF, I THINK GIVE US MORE

                    ABILITY TO EVERY SINGLE ONE OF US TO KNOW HOW THE MONEY IS GOING TO

                    GET SPENT.

                                 MR. WALCZYK:  THANK YOU.  I APPRECIATE THAT, AND

                    I -- I SHARE YOURS AND MR. REILLY'S CALL FOR ACCOUNTABILITY.  I WAS

                    DISAPPOINTED TO SEE HIS AMENDMENT FAIL THIS EVENING.  I WANT -- I WANT

                    TO POINT YOU TO A PIECE OF THIS BILL.  THE GOVERNOR, BY EXECUTIVE ORDER,

                    MAY ISSUE ANY DIRECTIVE DURING A STATE DISASTER EMERGENCY DECLARED IN

                    THE FOLLOWING INSTANCES:  FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO,

                    HIGH WATER, LANDSLIDE, MUDSLIDE, WIND, STORM, WAVE ACTION, VOLCANIC

                    ACTIVITY, EPIDEMIC DISEASE OUTBREAK, AIR CONTAMINATION, TERRORISM,

                    CYBER THREAT, BLIGHT, DROUGHT, INFESTATION, EXPLOSION, RADIOLOGICAL

                    ACCIDENT, NUCLEAR, CHEMICAL, BIOLOGICAL OR BIOLOGICAL BACTERIOLOGICAL

                                         67



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    RELEASE, WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE COLLAPSE.  ANY

                    SUCH DIRECTIVE MUST BE NECESSARY TO COPE WITH THE DISASTER AND MAY

                    PROVIDE FOR PROCEDURES REASONABLY NECESSARY TO ENFORCE SUCH

                    DIRECTIVE.  WHO DETERMINES, IN THIS INSTANCE, WHAT PROCEDURES ARE

                    REASONABLY NECESSARY, AND WHAT -- WHO DEFINES WHAT "REASONABLY

                    NECESSARY" IS UNDER THE PROPOSED BILL HERE?

                                 MR. ORTIZ:  THE -- THE GOVERNOR.  BUT IF SOMEONE IS

                    CHALLENGING, THE COURT CAN DECIDE.

                                 MR. WALCZYK:  FAIR ENOUGH.  HOW DID WE ARRIVE

                    AT THE APRIL 30, 2021 DATE?  IS THAT WHEN WE ANTICIPATE THAT THE

                    PANDEMIC OR EPIDEMIC WILL ABSOLUTELY BE CLOSED OUT?  IS THAT THE

                    EXPENDITURE WE -- WE ANTICIPATE THAT THE $40 MILLION OVER TIME WILL BE

                    EXPENDED BY THEN, OR IS THERE SOME OTHER REASON WHY THAT DATE EXISTS?

                                 MR. ORTIZ:  WELL, THAT DATE HAS BEEN PUT IN THERE

                    THAT -- TO USE IT AS A SUNSET.  BUT THAT CAN BE REVISED AND THE -- THE

                    LEGISLATURE CAN RECONVENE AND CHANGE THE DATE.  IT'S UP TO US.

                                 MR. WALCZYK:  NO, I -- I UNDERSTAND THAT.  I WAS

                    JUST WONDERING IF YOU COULD EXPLAIN THE ORIGIN OF THAT DATE OR HOW WE

                    ARRIVED --

                                 MR. ORTIZ:  WELL, I THINK --

                                 MR. WALCZYK:  -- AT THAT DATE SPECIFICALLY.

                                 MR. ORTIZ:  I THINK THE LEGISLATURE -- THE

                    LEGISLATURE ARE IN SESSION, SO WE WILL -- WE WILL PUT A SUNSET TO APRIL

                    30, 2021.  AND IF -- AGAIN, IF FOR ONE REASON OR ANOTHER WE FEEL THAT

                    EVERYTHING BEEN CLEAR AND CLEAN SO WE CAN COME BACK AND RECONVENE

                                         68



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    AND CHANGE THE DATE.

                                 MR. WALCZYK:  OKAY.  ONE FINAL QUESTION.  THE --

                    THE GOVERNOR RECENTLY ANNOUNCED THAT HE'S WAIVING COSTS FOR MEDICAID

                    CO-PAYS AND ALSO PROHIBITING INSURANCE FROM CHARGING, FOR EXAMPLE, IF

                    SOMEONE COMES IN AND GETS A CORONAVIRUS VIRUS TEST.  WERE YOU PRIVY

                    TO THOSE AHEAD OF THE -- THE CONVERSATION?  I MEAN, HE'S -- HE'S ALREADY

                    ANNOUNCED THESE THINGS BEFORE WE'VE PASSED THE BILL IN THIS HOUSE.

                    WERE YOU PRIVY TO THOSE AHEAD OF TIME, AND WHAT DO YOU ANTICIPATE THE

                    -- THE NEXT SIGNAL FROM THE SECOND FLOOR WILL BE?

                                 MR. ORTIZ:  WELL, THIS -- THIS IS AROUND THE EXISTING

                    POWER THAT THE GOVERNOR HAS, SO HE CAN DO THIS BEFORE EVEN THE BILL

                    PASS.  SO THIS IS -- WHAT HE DID -- BY THE WAY, WHAT HE DID WAS VERY

                    NOBLE, I THINK, FOR WHAT IS HAPPENING WITH THIS EXPECTING TO HAPPEN, IF

                    IT DOES HAPPEN.  SO HE IS -- HE HAS THIS POWER TO DO THAT WITHOUT THE

                    BILL, THIS BILL.

                                 MR. WALCZYK:  THANK YOU.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  WOULD

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ, WILL YOU

                    YIELD?

                                 MR. ORTIZ:  OF COURSE.  THEY LEAVE THE BEST FOR THE

                    LAST.

                                 MR. GOODELL:  THANK YOU, MR. ORTIZ.  AS YOU

                                         69



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    KNOW, UNDER CURRENT LAW THE GOVERNOR HAS THE POWER TO DECLARE AN

                    EMERGENCY IN THE EVENT OF AN EPIDEMIC.  HE ALREADY HAS THAT POWER.

                    WHAT ADDITIONAL POWER DOES THIS GIVE OVER AND ABOVE THE EXISTING

                    POWER TO DECLARE AN EMERGENCY IN THE EVENT OF AN EPIDEMIC?

                                 MR. ORTIZ:  HE CAN -- HE CAN ISSUE DIRECTIVE AND --

                    TO MAKE SURE THAT THIS CAN BE ACCOMPLISHED, AND THEN, YOU KNOW, KEEP

                    -- HE WILL BE RESPONSIBLE FOR THE ACTIONS.

                                 MR. GOODELL:  BUT THIS BILL, IN PARTICULAR, GIVES

                    HIM ADDITIONAL EMERGENCY POWER IN THE EVENT NOT OF AN EPIDEMIC,

                    WHICH HE ALREADY HAS, RIGHT?  IT EXPANDS HIS POWER IN A DIFFERENT WAY,

                    AM I CORRECT, FOR A DISEASE OUTBREAK?

                                 MR. ORTIZ:  YES.

                                 MR. GOODELL:  AND IT'S MY UNDERSTANDING THAT IN

                    EPIDEMIOLOGY, AN OUTBREAK, A DISEASE OUTBREAK, IS A SUDDEN INCREASE IN

                    OCCURRENCES OF A DISEASE IN A PARTICULAR TIME AND PLACE.  SO FAR WE

                    HAVE ONE REPORTED CASE, ONE, OUT OF 19-AND-A-HALF MILLION.  IS IT YOUR

                    BELIEF THAT ONE CASE IN NEW YORK CITY CONSTITUTES A DISEASE OUTBREAK?

                                 MR. ORTIZ:  WELL, IT'S NOT SO MUCH ABOUT WHAT I

                    BELIEVE, IT'S -- IT'S JUST ABOUT WHAT I HAVE MANAGED TO SEE, AS YOU'VE

                    PROBABLY HAVE SEEN IT, THROUGHOUT THE GLOBE WHAT IS HAPPENING.  WHEN

                    ONE CASE BREAK, IT'S CONSEQUENCES OF OTHER CASES TAKING PLACE IN THOSE

                    DIFFERENT COUNTRIES.  SO I THINK THAT IT'S BETTER FOR US TO BE PROACTIVE AND

                    TO BE PREPARE JUST IN CASE SOMETHING HAPPEN WHERE THE GOVERNOR WILL

                    HAVE THE AUTHORITY BEFORE ANY EPIDEMICS TAKE PLACE TO TAKE ACTION.  I

                    THINK -- I THINK THAT WE -- AGAIN, WE NEED TO BE VISIONARY, WE NEED TO

                                         70



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    BE CAUTIOUS.  AND THIS IS NOT OVERREACTING.  I THINK THIS IS A -- A -- A

                    GOOD ACTION ON OUR PART TO MAKE SURE THAT WE KEEP OUR STATE SAFE.

                                 MR. GOODELL:  SO IF I UNDERSTAND YOU CORRECTLY,

                    AND I THINK YOU AND I ARE IN THE SAME UNDERSTANDING, AT THIS POINT WE

                    DON'T HAVE WHAT WOULD CONSTITUTE A DISEASE OUTBREAK BECAUSE WE DON'T

                    HAVE A SUDDEN INCREASE IN OCCURRENCES OF A DISEASE IN A PARTICULAR TIME

                    AND PLACE.  SO WE'RE NOT REALLY LOOKING AT GIVING THE GOVERNOR ANY

                    POWER TODAY, BUT PERHAPS AT SOME POINT IN THE FUTURE IF THERE'S A

                    SIGNIFICANT AND A SUDDEN INCREASE, THEN THAT WOULD TRIGGER THIS

                    PROVISION.  IS THAT CORRECT?

                                 MR. ORTIZ:  THAT IS CORRECT, BECAUSE WE DON'T KNOW

                    HOW MANY PEOPLE HAS BEEN INFECTED WITH THE VIRUS AS WE SPEAK, AND

                    WE DON'T KNOW IF WE WAKE UP TOMORROW IN THE MORNING AND WE SEE

                    MORE CASES BEING SPREAD.  SO I THINK -- I THINK YOU'RE ABSOLUTELY RIGHT.

                    I THINK WE -- AND I BELIEVE THAT IT'S VERY CRITICAL FOR US TO BE VIGILANT.

                    AND I THINK BY DOING THIS TONIGHT, I THINK THAT GIVE THE GOVERNOR THE

                    OPPORTUNITY AND THE -- AND THE COMMISSIONER OF THE DEPARTMENT OF

                    HEALTH TO MAKE SURE THAT THEY WILL BE ABLE TO HAVE THE SAFEGUARD THAT

                    THEY NEED TO MOVE FORWARD.

                                 MR. GOODELL:  SO, IF WE DON'T HAVE A SITUATION THAT

                    WOULD TRIGGER THIS EMERGENCY POWER TODAY, I THINK THE GOVERNOR IN HIS

                    PRESS RELEASE EARLIER TODAY SAID WE HAVE ONE CONFIRMED OUTBREAK, TWO

                    OTHER PEOPLE TESTED NEGATIVE, AND WE'RE WAITING FOR THE TEST RESULT ON

                    ONE MORE.  SO WE HAVE SO FAR ONE UNCERTAIN AND ONE THAT'S TESTED

                    POSITIVE.  AND THE HEALTH COMMISSIONER SAID THAT THE ONE PERSON WHO

                                         71



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    TESTED POSITIVE WAS A HEALTHCARE WORKER, THAT SHE DID EVERYTHING RIGHT.

                    AS SOON AS SHE FELT ILL SHE PUT ON A MASK TO PROTECT OTHERS, THAT SHE IS

                    SELF -- TAKEN -- QUARANTINED HERSELF, IF YOU WILL, AND -- AND THE -- THE

                    HEALTH COMMISSIONER WAS ACTUALLY VERY COMPLIMENTARY.  SO I THINK

                    BASED ON THE FACTS WE HAVE NOW, YOU AND I WOULD BOTH AGREE THERE IS

                    NO CURRENT TRIGGER FOR THE GOVERNOR TO EXERCISE EMERGENCY POWER

                    TODAY, CORRECT?

                                 MR. ORTIZ:  NO.

                                 MR. GOODELL:  SO IF THERE'S NO TRIGGER TODAY AT ALL

                    FOR THE GOVERNOR TO IMPLEMENT EMERGENCY POWER AND THAT TRIGGER

                    WOULD NOT OCCUR UNLESS THERE WAS A SUBSTANTIAL INCREASE, WHY ARE WE

                    TAKING UP THIS BILL UNDER AN EMERGENCY MESSAGE OF NECESSITY?

                                 MR. ORTIZ:  WELL, I THINK THAT --

                                 MR. GOODELL:  I MEAN, IS THE GOVERNOR PREDICTING

                    THAT HE'LL NEED THE POWER TOMORROW?

                                 MR. ORTIZ:  WELL, LET ME JUST SAY THIS:  I THINK I SAID

                    IT FROM THE BEGINNING AND I STILL TRYING TO GET THE MESSAGE ACROSS THAT,

                    YOU KNOW, IT'S BETTER FOR US TO BE PREPARE AND SECURE TO BE SORRY

                    TOMORROW.  I THINK THAT WE DON'T KNOW HOW MANY PEOPLE ARE -- ARE A

                    THREAT TO OUR NEIGHBORHOOD AND OUR COMMUNITY AS WE SPEAK.  WE DON'T

                    KNOW HOW MANY PEOPLE CARRYING THE VIRUS, AND I THINK BY US ACTING

                    RESPONSIBLE AND PROACTIVE, I THINK GIVEN THE -- THE -- THE STRUCTURE THAT

                    THE GOVERNOR NEEDS IN ORDER TO EXECUTE JUST IN CASE, THAT -- AND GIVE

                    ORDER TO THE COMMISSIONER TO TAKE THE -- THE -- THE PLAN FORWARD, I

                    THINK THIS IS -- WE ARE DOING WHAT IS RIGHT ON BEHALF OF THE PEOPLE WHO

                                         72



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    SENT US HERE.

                                 MR. GOODELL:  NOW, THE -- THE GOVERNOR EARLIER

                    TODAY ISSUED A WRITTEN PRESS RELEASE AND IT WAS VERY REASSURING.  IN IT,

                    THE GOVERNOR STATED, WE HAVE THE BEST HEALTHCARE SYSTEM IN THE WORLD,

                    AND WE'RE LEVERAGING THAT SYSTEM TO HELP CONTAIN ANY POTENTIAL SPREAD.

                    HE WENT ON TO SAY, WE ARE FULLY COORDINATED, WE ARE FULLY MOBILIZED,

                    AND WE ARE FULLY PREPARED TO DEAL WITH THE SITUATION AS IT DEVELOPS.

                    WAS THE GOVERNOR CORRECT WHEN HE SAID THIS THIS AFTERNOON?

                                 MR. ORTIZ:  WELL, I CANNOT SPEAK FOR THE GOVERNOR,

                    BUT I WILL TELL YOU THIS MUCH:  I THINK THE GOVERNOR PROBABLY WAS

                    ALREADY THINKING THAT THIS BILL WAS COMING TONIGHT, AND I THINK PROBABLY

                    THE GOVERNOR KNEW THAT HE NEEDED $40 MILLION TO ENSURE THAT IF

                    ANYTHING HAPPEN WE'LL TAKE PLACE.  I'M NOT DISAGREE WITH YOU ABOUT THE

                    -- OUR MEDICAL FACILITIES AND THE -- AND THE VERY CLEVER PHYSICIANS AND

                    LABS THAT WE HAVE IN THE STATE OF NEW YORK.  EVEN LAST THURSDAY I

                    ISSUED A STATEMENT MYSELF SAYING WHY DO WE HAVE TO WAIT FOR CDC

                    WHEN WE HAVE THE FINEST LAB IN NEW YORK STATE TO DEAL WITH -- TO -- TO

                    DO THE -- TO INVESTIGATE THIS ISSUE?  AND THEN I CAME OUT TO BE RIGHT

                    AFTER THE GOVERNOR DECIDED TO -- AND CDC, I'M SORRY, CDC DECIDED TO

                    AUTHORIZE NEW YORK BECAUSE ALL THE MESS THAT WE HAVE -- THEY HAVE IN

                    WASHINGTON, THEY ARE CONFUSED EVEN ABOUT WHO CAN SAY THAT THEY'RE

                    TRUE IN WASHINGTON.  SO, THEREFORE, I AM VERY PLEASED THAT NEW YORK IS

                    TAKING THE CHARGE OF DOING THEIR OWN LAB INVESTIGATION RATHER THAN SEND

                    IT TO CDC.  SO I THINK THAT I AGREE WITH YOU ON THAT -- ON THAT STATEMENT

                    ABOUT WE -- WE HAVE THE -- THE -- THE BEST OF THE BEST.

                                         73



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. GOODELL:  NOW, OF COURSE, I THINK YOU WOULD

                    AGREE WITH ME THAT OUR STATE CONSTITUTION THAT PROVIDES US WITH A

                    THREE-DAY NOTICE IS ALSO VERY, VERY IMPORTANT, RIGHT?

                                 MR. ORTIZ:  I WILL SAY YOU PROBABLY GOING TO BE

                    AGREE WITH ME ON THAT ONE.

                                 MR. GOODELL:  SO, MY QUESTION IS, IF THE STATE IS

                    FULLY COORDINATED, FULLY MOBILIZED, FULLY PREPARED AND FULLY LEVERAGING,

                    AS THE GOVERNOR SAID, WHY CAN'T WE PROCEED IN AN ORDERLY MANNER AS

                    MANY OF MY COLLEAGUES HAVE SUGGESTED, AND SEEK INPUT AND ADVICE IN A

                    DELIBERATE MANNER OVER THE NEXT THREE DAYS?  WHY ARE WE HERE

                    DISCUSSING THIS BILL AT 11:30 P.M.?

                                 MR. ORTIZ:  WELL, I THINK I EXPLAIN THAT BEFORE.  I

                    EXPLAIN IT AGAIN.  I THINK IT'S VERY IMPORTANT FOR US TO BE PROACTIVE AND

                    IT'S VERY IMPORTANT FOR US TO BE PREPARED.  AND I THINK IT'S VERY

                    IMPORTANT FOR THE GOVERNOR TO HAVE THE TOOL THAT HE NEED IN ORDER -- IN

                    CASE SOMETHING HAPPEN WHEN WE WAKE UP IN THE MIDDLE OF THE NIGHT

                    BEFORE WE PASS THIS BILL, THAT THE GOVERNOR HAVE THE AUTHORITY TO

                    EXECUTE.

                                 MR. GOODELL:  ONE MOMENT.

                                 (PAUSE)

                                 THANK YOU, MR. ORTIZ.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. GOODELL:  MY FRIENDS, THIS IS REALLY A HISTORIC

                    MOMENT, AND I -- I HOPE YOU JUST TAKE ONE MOMENT TO APPRECIATE HOW

                                         74



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    HISTORIC THIS IS.  YOU HAVE MR. BARRON AND MYSELF AND MR. GOTTFRIED

                    AGREEING ON THE SAME NIGHT ON THE SAME BILL.

                                 MR. BARRON:  I DON'T AGREE WITH YOU.

                                 (LAUGHTER)

                                 MR. GOODELL:  AND THAT -- THAT STATEMENT ITSELF

                    MAY CAUSE MR. BARRON TO RECONSIDER.

                                 (LAUGHTER)

                                 NOW, THANKFULLY, THANKFULLY, NEW YORK STATE ONLY

                    HAS ONE REPORTED CASE.  THANKFULLY.  AND THANKFULLY, THAT INDIVIDUAL

                    FOLLOWED ALL THE PROPER PROTOCOLS TO MINIMIZE RISK TO EVERYONE.  AT THE

                    SAME TIME, ALL OF US HERE ARE VERY MUCH AWARE THAT NEW YORK STATE IS

                    AT HIGH RISK.  EVERY SINGLE DAY, THOUSANDS OF PEOPLE ARE FLYING INTO

                    NEW YORK CITY, AREN'T THEY?  FROM ALL AROUND THE WORLD.  FROM

                    FRANCE, FROM ITALY, FROM SPAIN, FROM POLAND.  EVERY CORNER OF THE

                    WORLD, PEOPLE ARE FLYING INTO NEW YORK CITY.  AND IT'S INEVITABLE THAT

                    ONE OF THOSE THOUSANDS OF PASSENGERS MAY BE INFECTED.  AND I

                    APPRECIATE, AS DO ALL OF YOU, THAT WE HAVE ONE OF THE FINEST HEALTH

                    SYSTEMS IN THE WORLD HERE IN NEW YORK.  AND I APPRECIATE THE

                    REASSURANCES BY OUR GOVERNOR THAT WE'RE FULLY COORDINATED, FULLY

                    MOBILIZED AND FULLY PREPARED TO DEAL.  I FIND IT SHOCKING, HOWEVER, THAT

                    WE'RE TOLD BY THE GOVERNOR THAT HIS HEALTH DEPARTMENT, WITH A BUDGET

                    OF $88 BILLION - BILLION DOLLARS - $88 BILLION, DOESN'T HAVE ENOUGH

                    MONEY TO ADDRESS THIS SITUATION.  AND I FIND IT SHOCKING THAT THE

                    GOVERNOR, WHO ALREADY HAS THE POWER, EMERGENCY POWER OVER

                    EPIDEMICS, THINKS HE NEEDS TO HAVE POWER OVER DISEASE OUTBREAK EVEN

                                         75



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THOUGH EVERYONE HERE, I THINK, REALIZES THAT THIS IS A POWER HE WOULDN'T

                    BE ABLE TO EXERCISE TODAY UNDER THE SITUATION WE HAVE TODAY.  SO MY

                    GREATEST CONCERN IS NOT THAT WE'RE NOT STANDING UP AND HELPING ADDRESS

                    THIS SITUATION.  I THINK THAT'S IMPERATIVE.  BUT FOR PETE'S SAKE, LET'S DO IT

                    IN A THOUGHTFUL, ORGANIZED MANNER.  THE GOVERNOR TELLS US THIS

                    AFTERNOON WE HAVE NO EMERGENCY AND AT 7:00 P.M. HE SENDS US

                    EMERGENCY MESSAGE.  THE GOVERNOR TELLS US WE DON'T NEED TO WORRY

                    BECAUSE WE'RE FULLY MOBILIZED, BUT THEN HE SAYS YOU CAN'T WAIT THREE

                    DAYS TO DEBATE THIS BILL AND THINK ABOUT IT AND REVIEW THE LANGUAGE.

                    MY FRIENDS, THAT'S RIDICULOUS.  WHICH SIDE OF THE MOUTH ARE WE TALKING

                    ABOUT RIGHT NOW?  IT'S OKAY.  IT'S AN EMERGENCY.  IT'S OKAY.  IT'S AN

                    EMERGENCY.  (INDICATING)  COME ON.  WE NEED TO TAKE THE APPROACH, A

                    THOUGHTFUL, CAREFUL APPROACH.  THAT'S OUR RESPONSIBILITY.  AND I SHARE

                    THE DEEP CONCERNS EXPRESSED BY MY COLLEAGUES ON THE OTHER SIDE, MR.

                    BARRON AT LEAST AT SOME POINT, AND MR. GOTTFRIED, AND I URGE ALL OF US TO

                    ACT WITH GREAT CAUTION.

                                 THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES -- ALL

                    RIGHT.

                                 MR. ZEBROWSKI.

                                 MR. ZEBROWSKI:  THANKS, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. ZEBROWSKI:  EVERY ONCE IN A WHILE, AND

                    PROBABLY TOO OFTEN THESE DAYS, SOMETHING HAPPENS THAT REALLY SHOWS

                                         76



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    YOU HOW FRAGILE LIFE CAN BE, HOW FRAGILE OUR GOVERNMENT COULD BE, HOW

                    FRAGILE OUR ECONOMIC SYSTEM CAN BE.  A SORT OF THREAT LIKE THIS SENDS

                    THE STOCK MARKET INTO A TAILSPIN, STARTS TO GET PEOPLE WORRIED, STARTS TO

                    GET CONVERSATIONS ABOUT HOW -- HOW WOULD YOU CLOSE SCHOOLS, WHAT

                    WOULD YOU DO WITH PUBLIC EVENTS.  AND IT'S INCUMBENT UPON US AS

                    LAWMAKERS, I THINK, TO MAKE SURE THAT THE STATE IS PREPARED, TO MAKE

                    SURE THAT PEOPLE UNDERSTAND THAT THE STATE DOES HAVE TOOLS AT ITS

                    DISPOSAL, BUT TO MAKE SURE THAT YOU'RE DOING EVERYTHING POSSIBLE TO

                    IMPROVE UPON THE RULES, PROCEDURES, ACTIONS THE HEALTH DEPARTMENT

                    CAN TAKE.  WHEN THIS BILL WAS PUT FORTH TODAY AND I HAD A CHANCE TO

                    READ IT, I CAME TO THE CONCLUSION THAT IT DOES FOUR VERY SIMPLE THINGS.

                    THIS IS NOT A TREMENDOUS EXPANSION OF EXECUTIVE POWER THAT CAN BE

                    USED TO UPEND ANY OF OUR STATE LAWS.  I SEE IT AS SEEKING TO ADDRESS

                    WHAT IS A POSSIBLE IMPENDING DISASTER, HEALTH DISASTER, FOR THE PEOPLE OF

                    OUR STATE THAT I THINK ALMOST EVERY SINGLE FAMILY IN OUR DISTRICTS RIGHT

                    NOW IS THINKING ABOUT.  IT DOES FOUR THINGS:  ONE, IN THE DEFINITION OF

                    DISASTER IT ADDS "IMPENDING OR URGENT" TO THE PRIOR "IMMINENT."  AND

                    THE PRIOR SPEAKER FROM THE OTHER SIDE OF THE AISLE KIND OF TOUCHED ON

                    THIS A BIT AND I THINK ALMOST MADE THE POINT OF WHY I SUPPORT THIS BILL.

                    THE SUGGESTION THAT RIGHT NOW WITH ONLY ONE PERSON IN NEW YORK

                    CURRENTLY HAVING CORONAVIRUS, IT MAY NOT FIT THE PRIOR DEFINITION OF

                    IMMINENT.  SO MAYBE WE NEED TO CHANGE THE LAW TO ENSURE THAT IT'S NOT

                    JUST IMMINENT, BUT THAT IT MAY BE IMPENDING OR URGENT.  SO WHILE WE

                    ONLY MAY HAVE ONE CASE RIGHT NOW IN NEW YORK, WE'VE CERTAINLY SEEN

                    WHAT'S HAPPENING IN WASHINGTON, WE CERTAINLY SEE WHAT'S HAPPENING IN

                                         77



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    OTHER COUNTRIES.  AND WE CERTAINLY KNOW THAT ANY TIME, THIS COULD

                    SPIRAL OUT OF CONTROL.  THERE WEREN'T TESTING PROTOCOLS SET UP FOR A

                    WHILE, SO THERE COULD BE PEOPLE OUT THERE RIGHT NOW THAT JUST HAVEN'T

                    BEEN TESTED, MR. SPEAKER, BUT HAVE THIS DISEASE.  SO I ASK MY

                    COLLEAGUES TO JUST LOOK AT THE LANGUAGE OF THE BILL AND MAKE A DECISION

                    ON WHETHER OR NOT YOU SUPPORT THESE SIMPLE CHANGES.  I SUPPORT THE

                    CHANGING OF "IMMINENT" TO ALSO INCLUDE "IMPENDING OR URGENT."

                                 TWO, IT ADDS "DISEASE OUTBREAK INCLUDING AN

                    EPIDEMIC."  NOW I, FOR ONE, DO NOT WANT TO WAIT TO SEE WHETHER OR NOT

                    WE ARE DEBATING OVER WHETHER IT HAS RISEN TO THE LEVEL OF EPIDEMIC.  I

                    WANT TO GIVE THE GOVERNOR AND I WANT TO GIVE THE HEALTH

                    COMMISSIONER THE ABILITY TO TAKE ACTION IF IT IS JUST A DISEASE OUTBREAK.

                    BECAUSE I DON'T WANT IT TO GET TO AN EPIDEMIC.  SO FOR PART TWO OF THE

                    CHANGES IN THIS BILL, MR. SPEAKER, I AGREE WITH THAT AS WELL.

                                 THE THIRD CHANGE, IT ALLOWS THE GOVERNOR TO ISSUE

                    DIRECTIVES.  FAIR, FAIR POINT THAT THIS COULD BE A CHANGE.  AND FAIR POINT

                    THAT PERHAPS IN THE PAST GOVERNORS HAVE TAKEN ACTION AND GIVEN

                    DIRECTIVES WHEN THIS PROVISION GAVE THEM THE AUTHORITY TO MERELY

                    SUSPEND LAWS.  WELL, I ASK MY COLLEAGUES TO CONSIDER THAT.  IN

                    ADDRESSING A PUBLIC HEALTH CRISIS, SHOULD THE GOVERNOR BE ABLE TO ISSUE

                    DIRECTIVES OR SHOULD HE OR SHE BE ABLE TO ONLY SUSPEND LAWS?  TO ME, I

                    THINK THEY SHOULD BE ABLE TO ISSUE DIRECTIVES.  THERE WAS A BIT OF

                    QUESTIONS BEFORE IN THE DEBATE ABOUT WHAT COULD BE DONE AND DO WE

                    KNOW.  WELL, I COULD ENVISION THINGS THE GOVERNOR MAY HAVE TO DO.

                    PERHAPS THE GOVERNOR AND THE HEALTH DEPARTMENT MAY HAVE TO SET UP

                                         78



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    QUARENTINE PROTOCOLS.  PERHAPS THEY MAY HAVE TO ISSUE DIRECTIVES TO

                    CLOSE CERTAIN PUBLIC AREAS, CERTAIN PUBLIC BUILDINGS.  THEY MAY HAVE TO

                    ISSUE TRAVEL RESTRICTIONS.  I DON'T KNOW IF THESE WOULD ALL BE DIRECTIVES,

                    BUT I DON'T NECESSARILY THINK THEY WOULD FALL NEATLY UNDER IN THE BOX OF

                    SUSPENDING LAWS.  SO ON THAT THIRD ITEM, MR. SPEAKER, I WOULD ALSO

                    SUPPORT THAT CHANGE.

                                 THE FOURTH THING IS THE MONEY, $40 MILLION.  MAYBE

                    TOO MUCH, MAYBE TOO LITTLE.  IF IT'S TOO LITTLE WE MAY BE TALKING IN A FEW

                    WEEKS ABOUT APPROPRIATING MORE MONEY, AND IF IT'S TOO MUCH, WELL, IT'S

                    SET FOR HANDLING THE CORONAVIRUS.  SO I THINK IF ONLY $2 MILLION OR $10

                    MILLION OR $20 MILLION ARE NEEDED, THEN THE BALANCE OF THAT, GOD

                    WILLING, IN A FEW WEEKS IT'LL ONLY HAVE BEEN ONE CASE, THAT PERSON WILL

                    HAVE GOTTEN BETTER AND WE'LL BE ON THE DOWNSLIDE OF THIS EPIDEMIC, THIS

                    DISEASE OUTBREAK, THIS WHATEVER YOU WANT TO CALL IT, BUT THIS VERY

                    WORRISOME OUTBREAK TO A LOT OF OUR RESIDENTS.  SO I, FOR ONE, MR.

                    SPEAKER, ON THE FOURTH ITEM WHAT I SEE IN THIS BILL, THE $40 MILLION,

                    WOULD SUPPORT THAT ALLOCATION, HOPE IT'S ENOUGH AND BELIEVE THAT WHEN I

                    GO BACK TO MY DISTRICT AT THE END OF THIS WEEK I CAN TELL MY RESIDENTS

                    THAT WE HAVE TAKEN DEFINITIVE ACTION TO ENSURE THAT THAT ONE OUTBREAK,

                    THAT ONE PERSON RIGHT NOW DOESN'T TURN INTO 1,000, DOESN'T TURN INTO

                    10,000, DOESN'T TURN INTO 100,000.

                                 THE REST OF THE BILL, MR. SPEAKER, IS CLEANING UP

                    LANGUAGE, AS I SEE IT.  THE SECOND PART OF THE BILL ADDS DIRECTIVE TO -- TO

                    THE REST OF THE SECTION.  IT REDEFINES DISASTER USING THE EXACT LANGUAGE

                    THAT WAS PREVIOUSLY IN THE BILL, AND REALLY DOESN'T GIVE ANY OTHER

                                         79



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    ADDITIONAL POWERS.  SO I UNDERSTAND THE CONCERN OF MY COLLEAGUES.  I

                    UNDERSTAND THAT WE SHOULD BE LOOKING AT EXPANSIONS OF -- OF EXECUTIVE

                    POWER TO ENSURE THAT THERE IS STILL A ROBUST DEBATE AMONGST THE

                    LEGISLATIVE PROCESS.  HOWEVER, I JUST DON'T SEE THE THREAT IN THIS BILL.

                    AND QUITE FRANKLY, MR. SPEAKER, I -- I THINK THAT THIS IS OUR DUTY, AS

                    LEGISLATORS, TO RESPOND QUICKLY, EFFICIENTLY AND EFFECTIVELY TO THIS PUBLIC

                    HEALTH CRISIS BEFORE IT BECOMES AN EPIDEMIC, BEFORE IT COMES A

                    PANDEMIC, BEFORE IT BECOMES SOMETHING THAT WREAKS HAVOC IN ALL OF

                    OUR COMMUNITIES AND IN ALL OF OUR HOMES ACROSS THE STATE.

                                 THAT'S WHY, MR. SPEAKER, I'LL BE VOTING IN THE

                    AFFIRMATIVE AND -- AND I WOULD ASK MY COLLEAGUES TO, ALSO.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. KIM.

                                 MR. KIM:  WILL THE SPONSOR YIELD FOR A QUICK

                    QUESTION?

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ, WILL YOU

                    YIELD?

                                 MR. ORTIZ:  YES, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ YIELDS.

                                 MR. KIM:  THANK YOU.  ALTHOUGH, IN THE BILL, IT

                    DOESN'T SAY THAT ECONOMIC DISTRESS CAN BE DEFINED AS A DISASTER, UNDER

                    THIS LANGUAGE, CAN THE GOVERNOR ISSUE A DIRECTIVE IF A REGION -- IF A

                    REGION IS HURT ECONOMICALLY AS A DIRECT RESULT OF THE CORONAVIRUS OR ANY

                    FUTURE VIRUSES?  CAN THEY DIRECT RESOURCES, FUNDING, GRANTS ON ITS OWN?

                                 MR. ORTIZ:  IF IT'S A DISASTER, YES.

                                         80



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MR. KIM:  UNDER A DISASTER.

                                 MR. ORTIZ:  YES, SIR.

                                 MR. KIM:  OKAY.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. KIM:  SO, I REPRESENT A DISTRICT THAT HAS BEEN

                    PORTRAYED BY THE MEDIA ALL DAY AS GROUND ZERO FOR CORONAVIRUS.  EVEN

                    THOUGH THE ONE CASE HAPPENED IN THE MIDDLE OF MANHATTAN, NEW YORK

                    TIMES, NEW YORK POST, FORBES USED THE IMAGE OF DOWNTOWN FLUSHING

                    WITH ASIAN-AMERICANS WEARING MASKS AS THE PICTURE OF CORONAVIRUS.

                    NOW, I KNOW MY CONSTITUENTS.  THEY'RE NOT SCARED OF THE VIRUS, THEY'RE

                    MORE SCARED OF LOSING THEIR JOBS AND LOSING THEIR SMALL BUSINESSES

                    BECAUSE OF THIS VIRUS, WHERE THERE'S 50, 60 PERCENT OF THE REVENUES ARE

                    BEING LOST BECAUSE OF THE FEAR OF CORONAVIRUS THE LAST SEVERAL MONTHS.

                    SO, I'M WILLING TO WORK WITH THIS GOVERNOR, I'M WILLING TO SIT DOWN

                    WITH THEM.  AND IF WE ARE GIVING HIM THESE TYPE OF POWERS AND THESE

                    TYPE OF EXECUTIVE PRIVILEGES TO ACT SWIFTLY AND UNILATERALLY TO RESPOND

                    TO EMERGENCIES, I WANT HIM TO CONSIDER PLACES LIKE FLUSHING, LIKE

                    LOWER MANHATTAN AND PARTS OF BROOKLYN THAT HAVE BEEN SUFFERING AND

                    PEOPLE ARE LIVING WITH FEAR, NOT BECAUSE OF THE VIRUS BUT BECAUSE

                    THEY'RE ABOUT TO LOSE THEIR JOBS.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. BLAKE.

                                 MR. BLAKE:  ON THE BILL.

                                         81



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. BLAKE:  MR. SPEAKER AND COLLEAGUES, I HAVE

                    BEEN GOING BACK AND FORTH THROUGHOUT THE DAY AROUND THE -- THE

                    MULTIPLE POINTS OF URGENCY THAT WE ARE TRYING TO ADDRESS HERE.  I

                    ABSOLUTELY RECOGNIZE THAT WE HAVE TO DO SOMETHING.  WE HAVE TO BE

                    RESPONSIBLE AS LEGISLATORS IN HOW WE'RE ADDRESSING THE FEAR THAT EXISTS

                    AMONG THE MORE THAN 19 MILLION NEW YORKERS AND THOSE THAT LIVE

                    ACROSS OUR COUNTRY.  WE HAVE TO, OF COURSE, RECOGNIZE THAT THERE'S

                    INCREDIBLE FEAR.  I -- I MENTIONED TO SOMEONE EARLIER TODAY THAT WHILE

                    RIDING ON THE 2 TRAIN THIS MORNING TO HAVE SOMEONE IMMEDIATELY PUT ON

                    A FACE MASK YOU THAT YOU UNDERSTAND THAT THERE CLEARLY IS A FEAR THAT

                    EXISTS THAT CANNOT BE IGNORED.  I ALSO SIMULTANEOUSLY, THOUGH,

                    RECOGNIZE THAT THIS IS NOT RESPONSIBLE HOW WE'RE BEHAVING AS LEGISLATORS

                    RIGHT NOW.  WE ARE ACKNOWLEDGING THAT WE CANNOT ARTICULATE HOW

                    EXACTLY $40 MILLION WILL BE SPENT.  WHEN YOU PUT THAT IN COMPARISON

                    THAT THE STATE OF WASHINGTON WHICH HAS HAD THE GREATEST CRISIS OF ANY IN

                    THIS COUNTRY AT THIS POINT OF SIX DEATHS IN 18 THAT HAVE BEEN INFECTED

                    THAT THEY HAVE CONVEYED ABOUT $2.3 MILLION BEING SPENT IN A 40-DAY

                    SPAN WHERE SIMULTANEOUSLY, THE STATE OF WASHINGTON IS ALSO CONVEYING

                    THAT THEY PROBABLY NEED ABOUT $100 MILLION FOR THIS CONCERNING CRISIS.

                    IT IS NOT RESPONSIBLE FOR US TO BE CEDING THE RECOGNITION AND THE POWER

                    THAT WE ARE A CO-EQUAL BRANCH OF GOVERNMENT, AND THAT WE ARE ELECTED

                    TO REPRESENT OUR CONSTITUENTS AND HAVE THE RESPONSIBILITY TO

                    COMMUNICATE TO OUR CONSTITUENTS WHY ARE WE HERE AND WHAT DO WE DO.

                    AND WE HAVE TO BE HONEST.  AMONG THE 150 OF US IN THIS CHAMBER AND

                                         82



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    THE 63 IN THE OTHER, NOT ONE OF US CAN ACTUALLY ARTICULATE THAT WE KNOW

                    HOW THIS MONEY WILL BE TRULY SPENT TOMORROW BECAUSE IT WON'T BE SPENT

                    TOMORROW.  IT MAY BE SPENT IN A FEW WEEKS, IT MAY BE SPENT IN A FEW

                    DAYS.  WE DON'T KNOW.  IT WAS MENTIONED EARLIER ABOUT UNDERSTANDING

                    THE URGENCY AT HAND, AND IT'S IMPORTANT FOR US TO UNDERSTAND THAT WE'RE

                    NOT GOING TO BE JUST ADDRESSING THIS TONIGHT OR NEXT WEEK OR THEREAFTER,

                    BECAUSE WITH ANY CRISIS OF THIS MAGNITUDE IT HAS TO BE MULTI-AGENCY.

                    SOME OF US WERE ACTUALLY IN THE LOUNGE AND WE WERE WATCHING ON

                    CNN WHERE THEY ACTUALLY ALLUDED TO THE FACT THAT WHEN YOU HAD THE

                    EBOLA CRISIS AND LEGIONNAIRES' AND OTHERS THAT HAPPENED BEFORE, THE

                    MULTI-DEPARTMENTS AND AGENCIES ON THE FEDERAL LEVEL HAVE TO BE

                    ENGAGED.  BUT WE DON'T HAVE THAT LANGUAGE SPECIFIED HERE.  EQUALLY,

                    I'M INCREDIBLY CONCERNED ABOUT THOSE IN THE FRONT LINE.  THE

                    COMMUNITY-BASED HEALTH CENTERS THAT, LET'S BE HONEST, ESPECIALLY IN OUR

                    URBAN COMMUNITIES, OUR LOW-INCOME COMMUNITIES, THEY WILL BE THE

                    ONES WHERE PEOPLE ARE ARRIVING IMMEDIATELY, WHERE WE CANNOT SAY TO

                    THEM WITH ANY CERTAINTY THAT THEY WILL BE TREATED AS AN ESSENTIAL CENTER.

                    NOW, WHY IS THAT RELEVANT FOR THIS CONVERSATION?  BECAUSE IN MATTERS

                    SUCH AS THESE, IF YOU ARE NOT SEEN AS ESSENTIAL AND YOU'RE DEEMED

                    NONESSENTIAL, IT IS VERY EASY, THEN, FOR YOUR SERVICES TO BE STOPPED, FOR

                    QUARANTINES TO HAPPEN, FOR THEN WHAT HAPPENS FOR THOSE ENTITIES?  THEY

                    BECOME BANKRUPT, THEY LOSE FUNDING AND THAT IS A CONCERN.  NOW, I

                    HEAR FROM OTHERS THAT SAY, WELL, THAT COULD HAPPEN OTHERWISE.  BUT THE

                    REALITY, COLLEAGUES, IT'S NOT FAIR OR RESPONSIBLE FOR US TO JUST SAY TO

                    SOMEONE, JUST FIGURE IT OUT.

                                         83



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 OUR COLLEAGUE HAS MENTIONED SEVERAL TIMES THAT

                    EQUALLY, TO ME, IT IS NOT JUST ABOUT THE FUNDING, BUT IT'S ALSO ABOUT THE

                    EDUCATION AND CONVERSATIONS THAT WE'RE NOT HAVING THAT MAY BE

                    UNCOMFORTABLE.  THAT WE ARE ALLOWING A XENOPHOBIC AND RACIST RHETORIC

                    THAT EXISTS TO DIVIDE OUR COMMUNITIES.  THAT IS NOT BEING ADDRESSED IN

                    WHAT WE DO TONIGHT AS WELL.  AND LASTLY, WHEN -- WHEN THINKING

                    HOLISTICALLY, I WONDER WHY HAVE WE NOT TREATED THE SAME LEVEL OF

                    URGENCY ON OTHER CRISES THAT WE ARE FACING IN OUR COMMUNITIES EVERY

                    SINGLE DAY.  BECAUSE, YES, OUR SENIORS AND OUR CHILDREN AND FAMILY

                    MEMBERS IN THE SOUTH BRONX ARE ABSOLUTELY CONCERNED ABOUT WHAT

                    WE'RE DOING AROUND THE CORONAVIRUS, BUT THEY ARE ALSO CONCERNED ABOUT

                    WHY HAVEN'T WE FIGURED OUT WHAT'S GOING ON WITH LEAD.  WHY DON'T WE

                    HAVE HEAT AND HOT WATER?  WHY DON'T THEY HAVE THAT SAME LEVEL OF

                    SUPPORT ON THOSE URGENT ISSUES AS WELL?  AND SO I WOULD HOPE AND

                    EXPECT THAT IN THE NEXT 21 DAYS WHEN WE ARE TELLING THESE COMMUNITY-

                    BASED HEALTH CENTERS THAT THEY HAVE TO FIGURE OUT ANSWERS ON WHY THEIR

                    FUNDING MAY BE CUT UNFAIRLY TO THEM, IN THESE NEXT 29 DAYS THAT WE

                    COULD FIGURE OUT IMMEDIATELY WHY PEOPLE HAVE BEEN SITTING WONDERING

                    HOW THEY'RE GOING TO GET HELP OTHERWISE THAT HAVE NOT GOTTEN HELP.

                    THAT WHILE I UNDERSTAND THAT WE HAVE TO DO SOMETHING AND WE HAVE TO

                    PROVIDE SUPPORT TO OUR RESIDENTS, I DO NOT THINK WE'RE DOING THIS

                    RESPONSIBLY.  AND AT THE END OF THE DAY I DO THINK WE HAVE TO VOTE ON

                    PRINCIPLE.

                                 AND SO WHILE I RECOGNIZE THAT MORE NEEDS TO BE DONE,

                    I CANNOT IN GOOD FAITH SUPPORT THIS LEGISLATION, AND I WOULD HOPE AND

                                         84



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    ASK THAT MY CONSTITUENTS THAT ARE WATCHING THIS AND LISTENING TO THIS

                    AFTERWARDS UNDERSTAND THAT THIS HAS NOTHING TO DO ON IF I RECOGNIZE THAT

                    WE HAVE TO HELP THEM.  WE ABSOLUTELY NEED TO.  BUT THEY ELECT US TO BE

                    RESPONSIBLE AND TO BE HONEST WITH THEM AND WE'RE NOT DOING THAT RIGHT

                    NOW.

                                 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.)

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I REALLY DOUBT THAT THERE'S MANY CITIZENS ACROSS THE STATE OF

                    NEW YORK WHO HAVE NOT HEARD OF THE CORONAVIRUS.  MANY FOLKS --

                    UNLIKE MOST OF US, WE DON'T HAVE TIME TO WATCH TV -- BUT A LOT OF

                    PEOPLE ARE CONSTANTLY WATCHING WHAT IS GOING ON WITH THIS ISSUE.  AND

                    SO I THINK WHAT WE'RE DOING HERE TONIGHT IS PROBABLY MAKING A LOT OF

                    THEM FEEL A LOT BETTER.  I THINK IF YOU ARE PROACTIVE WITH THESE THINGS,

                    YOU HAVE A BETTER CHANCE OF PROTECTING PEOPLE.  I, FOR ONE, KNOW THAT

                    THERE ARE AT LEAST SIX HOSPITALS IN MY COUNTY, AND I WANT TO SAY THERE'S

                    62 COUNTIES THROUGHOUT THE STATE OF NEW YORK.  ANY OF THEM AT ANY

                    TIME COULD NEED TO HAVE ASSISTANCE WITH EQUIPMENT AND SUPPLIES TO

                    TAKE CARE OF POTENTIAL PATIENTS.  THESE DOLLARS WILL BE AVAILABLE TO THEM

                    FOR THAT.  IT COULD BE THAT IT COULD BE NECESSARY FOR SCHOOLS TO BE CLOSED.

                    WE -- WE DON'T KNOW THAT.  WE HOPE NOT.  BUT WE DON'T WANT TO WAIT

                                         85



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    UNTIL IT'S NECESSARY TO FIGURE OUT WHAT THE PLAN WILL BE.  WE NEED TO

                    START THE PLAN NOW.  AND SO I THINK THIS IS A PROACTIVE WAY TO BEGIN

                    WORKING ON MAKING SURE THAT WE'RE PROTECTING THE HEALTH AND THE

                    PEOPLE WHO LIVE IN THE STATE OF NEW YORK.  AND I COMMEND MR. ORTIZ

                    FOR HIS DEBATE OF THE LEGISLATION, AND I HOPE THAT EVERYONE WILL CONSIDER

                    OUR ENTIRE CONSTITUENCY WHILE WE'RE VOTING IN THE AFFIRMATIVE ON THIS

                    PIECE OF LEGISLATION.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    IN THE AFFIRMATIVE.

                                 MR. ORTIZ.

                                 MR. ORTIZ:  THANK YOU.  THANK YOU, MR. SPEAKER.

                    THANK YOU FOR ALLOWING ME TO EXPLAIN MY VOTE.  I WOULD LIKE TO THANK

                    ALL MY COLLEAGUES FOR THEIR QUESTIONS, THEIR COMMENTS.  I THINK THIS IS

                    NOT SUCH AN EASY ISSUE WHEN WE -- YOU HAVE TO TALK ABOUT FUNDING AND

                    BE SELECTIVE IN ONE ISSUE THAT IS -- IT IS REALLY A VERY, VERY CRITICAL AND

                    VERY IMPORTANT FOR THE PEOPLE OF THE STATE OF NEW YORK.

                                 I WILL SAY THAT FEAR CANNOT AND MUST NOT CONTROL OUR

                    LIFE.  AND ALSO, I WOULD SAY THAT AS NEW YORKER WE HAVE LEARNED TO

                    PREPARE OURSELF.  I THINK THIS IS -- THIS PARTICULAR BILL, I SEE IT AS A

                    PROACTIVE PREPAREDNESS, AND TO ENSURE THAT WE ARE AHEAD OF THE CURVE

                    ON THE -- ON ADDRESSING AN ISSUE THAT IS REALLY IMPACTING GLOBALLY AND

                    ALSO IMPACTING IN A LOT OF -- OF STATES IN OUR NATION.  I ALSO WOULD LIKE TO

                    SAY THAT I DO REPRESENT THE SUNSET PARK COMMUNITY, PROBABLY THE THIRD-

                    LARGEST CHINESE ASIAN COMMUNITY IN NEW YORK CITY.  AND I CAN SEE, I

                    CAN SEE DAY BY DAY HOW MY CELL -- MY TELEPHONE IS RINGING ABOUT WHAT

                                         86



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    CAN WE DO, WHAT ARE YOU DOING, WHAT ARE WE DOING IN OUR COMMUNITY?

                    AND ALSO I CAN SEE, MR. SPEAKER, THERE IS NO SUCH THING AS A CHINA

                    VIRUS.  IT IS A CORONAVIRUS.  IT IS A CORONAVIRUS, IT'S NOT A CHINA VIRUS.

                    SO I THINK PEOPLE HAVE TO CLEAR UNDERSTAND THAT WE NEED TO STOP THE

                    BIGOTRY AND THE DISCRIMINATION AND THE RACISM THAT HAS BEEN DEVELOPED

                    AS A RESULT OF THIS ISSUE IN OUR COMMUNITY, IN OUR CITY AND IN OUR STATE

                    AND THROUGHOUT THE COUNTRY.

                                 I THINK THAT THIS IS THE FIRST STEP IN THE RIGHT DIRECTION.

                    I COMMEND THE SPEAKER FOR ALLOWING ME TO REALLY CARRY THIS BILL TO

                    ENSURE THAT THE GOVERNOR WILL HAVE WHAT IT TAKE TO MAKE SURE THAT THE

                    STATE OF NEW YORK WILL BE READY, PREPARE TO TACKLE THIS IMPORTANT

                    EPIDEMIC AND HEALTH -- PUBLIC HEALTH ISSUE THAT IS TAKING IN OUR STATE.

                    THANK YOU, MR. SPEAKER, AND I WILL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ IN THE

                    AFFIRMATIVE.

                                 MR. DENDEKKER.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  TO ME, THIS IS BASICALLY EMERGENCY

                    MANAGEMENT 101.  THE FIRST THING WE TRY TO DO IS PREVENT.  WE'D LIKE TO

                    MAKE SURE THAT IT DOESN'T GET ANY WORSE THAN WHAT IT COULD BE.  WE

                    WANT TO TRY TO PREVENT IT FROM COMING HERE.  WE HAVEN'T BEEN ABLE TO

                    DO THAT SUCCESSFULLY, SO THE NEXT THING WE HAVE TO DO IS TO MITIGATE THE

                    EXPOSURE.  WE ALREADY HAVE ONE PERSON HERE.  WE WANT TO MAKE SURE

                    MORE PEOPLE DON'T GET SICK.  THEN WE HAVE TO RESPOND TO THE ONE

                    PERSON THAT HAS IT, AND WE ALSO HAVE TO MAKE SURE WE HAVE WAYS IN

                                         87



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    PLACE SO THAT WE CAN TEST AND MAKE SURE AND CONFIRM THAT OTHER PEOPLE

                    THAT MAY BE GETTING SICK, THAT WE'RE NOT MAKING THEM MISDIAGNOSE, THAT

                    WE'RE NOT OVERREACTING.  WE HAVE TO PREPARE, WE HAVE TO DO ALL THIS.

                    AND WE HAVE TO DO IT ACCORDING TO CERTAIN LAWS THAT HAVE BEEN PUT IN

                    PLACE.  A MIRAGE OF LAWS THAT OVERLAP EACH OTHER IN DIFFERENT AREAS

                    WHETHER IT BE HEALTH, EDUCATION, TRANSPORTATION.  THERE'S SO MANY

                    DIFFERENT WAYS THAT YOU HAVE TO LOOK AT A DISASTER.  IT'S NOT AS SIMPLE AS

                    BEING ABLE TO COME IN AND ASK THE POLICY-MAKERS TO GIVE US PERMISSION

                    TO SPEND MONEY.  I AM SURE EMERGENCY MANAGEMENT MANAGERS AND

                    MOST OF THE HOSPITALS IN ALL OF YOUR DISTRICTS HAVE ALREADY SPENT

                    HUNDREDS OF HOURS TALKING ABOUT AND PLANNING WHAT'S GOING TO HAPPEN

                    WHEN A CASE SHOWS UP IN YOUR DISTRICT.  PEOPLE ARE VERY, VERY

                    CONCERNED AND WE NEED TO PREPARE.  FORTY-MILLION DOLLARS IS NOT

                    ENOUGH MONEY.  FORTY-MILLION DOLLARS MIGHT BE A DROP IN THE BUCKET

                    FOR US TO START SENDING PEOPLE OUT TO WASHINGTON AND TO BE IN CONTACT

                    WITH PEOPLE FROM CHINA TO FIND OUT EXACTLY WHAT ANY NEW INFORMATION

                    THAT MAY COME THAT WILL HELP US TO DETERMINE HOW WE CAN PREVENT THIS

                    FROM SPREADING EVEN MORE.  AND THEN WHEN THIS IS ALL OVER, WE'RE

                    GOING TO HAVE TO LOOK AT HOW WE HANDLED IT, WHAT WE DID RIGHT AND

                    WHAT WE DID WRONG SO WE CAN MITIGATE THIS EVER HAPPENING AGAIN ON

                    OTHER TYPES OF VIRUSES.

                                 I THINK THIS IS A GOOD BILL.  I WANT TO THANK THE SPONSOR,

                    AND I HOPE THAT YOU ALL WILL THINK ABOUT THIS AND VOTE IN THE

                    AFFIRMATIVE.  THIS IS AN IMPORTANT PIECE OF LEGISLATION TO PROTECT ALL

                    NEW YORKERS.  THANK YOU.  I'LL BE VOTING IN THE AFFIRMATIVE.

                                         88



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER IN

                    THE AFFIRMATIVE.

                                 MS. WALKER.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  THERE'S A [SIC] OLD ADAGE THAT SAYS

                    THAT WHEN NEW YORK CITY CATCHES A COLD, COMMUNITIES THAT ARE BLACK

                    AND BROWN TEND TO CATCH THE FLU.  AND THERE IS SOME RACIST RHETORIC

                    THAT'S GOING AROUND THAT SAYS THAT PEOPLE WITH AFRICAN BLOOD OR WITH

                    BLACK SKIN WON'T CATCH CORONAVIRUS.  WELL, PLEASE ALLOW ME TO SUBMIT

                    ON THE RECORD THAT WE WOULD HOPE THAT THIS RACIST RHETORIC WILL NOT

                    DICTATE A DISPARATE -- A NEGATIVE DISPARATE IMPACT ON THE ALLOCATION OF

                    RESOURCES TO BLACK AND BROWN COMMUNITIES THROUGHOUT THE STATE OF

                    NEW YORK.  ONE OF THE THINGS THAT I WOULD LIKE TO STRESS IS THAT IN THE

                    CITY OF NEW YORK, THERE ARE A COUPLE OF HOSPITALS WHICH ARE INFECTIOUS

                    DISEASE HOSPITALS WHICH INCLUDE KINGS COUNTY, BELLEVUE, LINCOLN AND

                    JACOBI.  BUT AS WE'VE HEARD EARLIER, THERE ARE A NUMBER OF OTHER MORE

                    LOCALIZED HOSPITALS AS WELL.  WE WOULD HOPE THAT THE RAPID TESTING

                    MECHANISMS THAT ARE IN PLACE THROUGHOUT THE CITY ARE ALSO LOCATED

                    THROUGHOUT COMMUNITIES OF COLOR WHERE WE NEED THEM THE MOST.  WE

                    DO -- NO LONGER NEED TO HAVE THE TYPE OF SERVICES WHERE PEOPLE ARE

                    TREATED AND RELEASED BACK INTO THE COMMUNITIES WITHOUT THE PROPER

                    MECHANISMS IN ORDER TO ISOLATE AND QUARANTINE AS NECESSARY.  WE ALSO

                    HAVE BEEN MAKING TELEPHONE CALLS TO FIND OUT ABOUT SOME OF THESE

                    PROTECTIVE GEAR AND WHETHER OR NOT THEY ARE LOCATED IN MANY OF OUR

                    HOSPITALS.  THESE N95 RESPIRATORS ARE FAR AND FEW IN BETWEEN, AND

                                         89



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    WE'RE HOPING ALL OF THE NECESSARY ISOLATION BEDS, CLEANING AGENTS,

                    GOWNS AND GLOVES MAKE IT TO COMMUNITIES OF COLOR.  EDUCATION IS ALSO

                    VERY VITALLY IMPORTANT, AND WE'RE HOPING THAT THE EDUCATION THAT IS

                    NECESSARY FOR PEOPLE TO PROTECT THEMSELVES ARE AVAILABLE.  IT'S NOT

                    ENOUGH TO TELL OUR CHILDREN TO WASH THEIR HANDS WHEN THEY'RE NOT

                    PROVIDED SOAP IN OUR SCHOOLS.

                                 HOWEVER, I WILL VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 MR. ABINANTI.

                                 MR. ABINANTI:  THANK YOU, MR. SPEAKER.  I FULLY

                    SUPPORT ALL FUNDS NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF

                    THE RESIDENTS OF MY DISTRICT AND THROUGHOUT THE STATE TO COMBAT THE

                    SPREAD OF CORONAVIRUS.  HOWEVER, THE SUBTLE CHANGES IN WORDING MAKE

                    A SIGNIFICANT CHANGE IN THE STRUCTURE OF GOVERNMENT IN OUR STATE.  I

                    CANNOT SUPPORT GIVING SOLE DECISION-MAKING AUTHORITY TO COMBAT THIS

                    LIFE-THREATENING VIRUS TO AN EXECUTIVE RATHER THAN THOSE WITH THE HEALTH

                    AND MEDICAL EXPERTISE AND THE TRAINING CRITICAL TO MAKING DECISIONS THAT

                    WILL BEST PROTECT US AND STOP ITS SPREAD.  THIS BILL WOULD ALLOW THE

                    GOVERNOR TO OVERRIDE THE ACTIONS OF THE STATE HEALTH COMMISSIONER,

                    THE NEW YORK CITY COMMISSIONER OF HEALTH, AND THE COUNTY HEALTH

                    COMMISSIONERS WHO ARE CHARGED BY LAW WITH PROTECTING THE HEALTH OF

                    OUR RESIDENTS.  HEALTH PROFESSIONALS, NOT POLITICIANS, SHOULD MAKE

                    HEALTH DECISIONS.  THE HEALTH AND LIVES OF ALL OF US DESERVE NO LESS.

                                 I VOTE IN THE NEGATIVE.

                                         90



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI IN THE

                    NEGATIVE.

                                 MR. PHILLIP STECK.

                                 MR. STECK:  THANK YOU VERY MUCH, MR. SPEAKER.  I,

                    TOO, WOULD SUPPORT THE APPROPRIATION IF IT WERE A SEPARATE BILL.  BUT I

                    AGREE WITH THE PRESENTATIONS OF MEMBERS GOTTFRIED, BARRON AND

                    ABINANTI.  I CANNOT VOTE IN GOOD CONSCIENCE TO GIVE THE GOVERNOR WHAT

                    ARE, IN ESSENCE, DICTATORIAL POWERS WHEN HE AND THE HEALTH

                    COMMISSIONER ALREADY HAVE SUFFICIENT POWER TO DEAL WITH CORONAVIRUS.

                                 THEREFORE, I VOTE IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. PHILLIP STECK IN

                    THE NEGATIVE.

                                 MS. NIOU.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER, FOR -- FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  I SUPPORT THE INTENT OF ALLOCATING

                    FUNDS FOR OUR HEALTH CARE BEING THAT THERE'S A POTENTIAL HEALTH CRISIS.  IT

                    IS A GOOD ONE AND UNDERSTANDABLE.  THE ALLOCATION OF $40 MILLION IS

                    ALSO MUCH-NEEDED FUNDING ON THE GROUND.  I KNOW THIS MORE THAN

                    ANYONE, AS SOMEONE WITH A COMMUNITY THAT HAS BEEN HIT THE HARDEST

                    FINANCIALLY BEFORE EVEN A SINGLE CASE OF THE VIRUS EVEN HIT OUR STATE.

                    PREVENTION IS LIFESAVING, AND ALSO OUR SMALL BUSINESSES AND

                    COMMUNITIES ARE DESPERATELY IN NEED OF THE EMERGENCY FUNDS.  I AM THE

                    ONLY ASIAN-AMERICAN WOMAN IN OUR ENTIRE STATE LEGISLATURE.  ONE OF

                    MY MENTORS WAS BORN INSIDE OF AN INTERMENT CAMP.  MANY OF MY

                    CONSTITUENTS ARE DESCENDANTS AND FAMILY OF CITIZENS WHO ARE EXCLUDED

                                         91



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    FROM EQUAL RIGHTS DUE TO THE CHINESE EXCLUSION ACT.  MAYBE BECAUSE

                    OF THAT, I HAVE AN INNATE FEAR OF WHAT COULD HAPPEN IF WE ALLOW OUR

                    GOVERNMENT TO BE ABLE TO WEAPONIZE FEAR AND TO BE ABLE TO MAKE A

                    DIRECTIVE AND HAVE THE POWER TO ORDER PRIVATE CITIZENS TO DO SOMETHING

                    WITHOUT ANY CHECKS.  RIGHT NOW MY CONSTITUENTS ARE AFRAID.  AFRAID OF

                    THE RACISM THAT IS PERMEATING THROUGHOUT OUR COUNTRY.  AFRAID OF A

                    POSSIBLE PUBLIC HEALTH CRISIS.  WE CAN PROTECT MY CONSTITUENTS AND ALL

                    NEW YORKERS WITHOUT DOING IT THIS WAY, WITHOUT HOLDING THE FUNDING

                    HOSTAGE TO CONSOLIDATE POWER.  WE COULD DE-COUPLE THE BILL AND TAKE

                    THE TIME TO MAKE SURE IT IS THOUGHTFUL.  THIS BILL WILL BROADEN THE

                    CIRCUMSTANCES IN WHICH OUR GOVERNOR CAN SUSPEND LAWS.  THIS BILL WILL

                    BROADEN OUR GOVERNOR'S ABILITIES TO SUSPEND LAWS.  THIS BILL WILL ALSO

                    BROADEN THE RANGE OF CIRCUMSTANCES IN WHICH OUR GOVERNOR CAN DIRECT

                    AN EXECUTIVE ORDER.  YES, THERE IS A SUNSET.  YES, THE LEGISLATURE MAY

                    -- MAY DETERMINE -- MAY TERMINATE BY CONCURRENT RESOLUTION ANY

                    EXECUTIVE ORDERS ISSUED IN THESE CIRCUMSTANCES.  BUT AS OUR HEALTH

                    CARE CHAIR SAID, SOMETIMES THINGS DON'T SUNSET.  AND SOMETIMES THINGS

                    DON'T TERMINATE.  IT IS EASY TO GIVE UP POWER DURING TIMES OF FEAR, BUT

                    HISTORY TELLS US IT IS RARELY EASY TO TAKE IT BACK.  WE, THE LEGISLATURE, ARE

                    SUPPOSED TO BE THE CHECK ON THIS, AND HERE WE ARE, READY TO HAND ALL OF

                    THE POWER TO THE GOVERNOR IN A DAY.

                                 AND WITH THAT, I VOTE IN THE NEGATIVE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MS. NIOU IN THE

                    NEGATIVE.

                                         92



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  I WOULD MAKE TWO OBSERVATIONS ABOUT THE

                    PROCESS THIS EVENING.  WE WERE PRESENTED WITH A MESSAGE OF

                    NECESSITY, AND THERE WERE NO OBJECTIONS FROM EITHER SIDE OF THE HOUSE

                    TO ACCEPTING THAT MESSAGE IN THE RULES COMMITTEE.  THERE WERE ALMOST

                    NO VOTES IN EITHER THE WAYS AND MEANS COMMITTEE OR THE RULES

                    COMMITTEE, WITH ONE EXCEPTION ON THE MAJORITY SIDE.  SO, WE HAVE

                    SPENT A TREMENDOUS AMOUNT OF TIME DISCUSSING THE PROCESS WHEN, IN

                    FACT, IT'S NOT AT ALL CLEAR THAT THAT WAS TOTALLY NECESSARY.  BUT I WOULD

                    SAY THAT WHILE I APPRECIATE THE CONCERN ABOUT WHAT APPEARS TO BE A

                    MAJOR EXPANSION OF EXECUTIVE AUTHORITY, I DON'T BELIEVE THAT THERE IS

                    SUBSTANTIALLY MORE AUTHORITY ASSOCIATED WITH THIS BILL THAN WHAT THE

                    GOVERNOR ALREADY HAD.  AND CONSIDERING WHAT COULD BE A HEALTH

                    EMERGENCY NOW, AND MORE OF THESE ARISING IN THE FUTURE DUE TO CLIMATE

                    CHANGE AND ORGANISMS, PATHOGENS THAT WE'RE NOT USED TO IN THIS

                    CLIMATE, I BELIEVE THAT THIS IS AN APPROPRIATE THING.

                                 AND SO I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MS. WOERNER.

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

                    ALLOWING ME TO EXPLAIN MY VOTE.  AS OUR COLLEAGUE MS. GLICK JUST SAID,

                    THIS IS AN ENTIRELY APPROPRIATE THING TO DO.  THERE IS AN EMERGING THREAT.

                    IT'S IMPORTANT THAT OUR STATE HAVE THE RESOURCES TO BE ABLE TO RESPOND

                                         93



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    EFFECTIVELY AND EFFICIENTLY.  BUT I WILL SAY THAT IT WOULD BE THAT -- THE

                    NECESSITY TO VOTE ON THIS THIS EVENING STRIKES ME AS SOMETHING THAT IS

                    PERHAPS NOT AS OBVIOUS.  IT -- IT IS A -- WE HAVE TO ACT WITH URGENCY, BUT

                    WE COULD HAVE ACTED WITH URGENCY IN THE MORNING.  WE COULD HAVE

                    ACTED WITH URGENCY AT NOON TOMORROW WHEN EVERYBODY'S HAD A LITTLE BIT

                    MORE TIME TO ABSORB THIS, TO UNDERSTAND IT, AND A LITTLE MORE LIGHT OF

                    DAY.  I THINK THAT THIS IS SOMETHING THAT WE SHOULD NOT BE IN THE HABIT OF

                    DOING, AND AS WE APPROACH THE BUDGET SEASON I WOULD JUST ENCOURAGE

                    US TO NOT USE MESSAGES OF NECESSITY TO ENACT IMPORTANT PIECES OF

                    LEGISLATION IN THE DARK OF NIGHT.

                                 AND WITH THAT, I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WOERNER IN THE

                    AFFIRMATIVE.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  I -- I THINK IT IS IMPORTANT TO TALK ABOUT THE PROCESS.  I THINK

                    THE PROCESS HERE HAS BEEN PRETTY LOUSY TONIGHT, FROM THE TIMING, FROM

                    THE HOUR.  OH, I THINK WE'RE JUST AT MIDNIGHT NOW.  I THINK THAT THERE

                    WERE A LOT OF OTHER WAYS THAT THIS COULD HAVE BEEN DONE.  BUT HERE WE

                    ARE, WE HAVE THE BILL THAT WE HAVE.  IT'S NOT DE-COUPLED, IT'S -- IT'S TWO

                    IDEAS ROLLED INTO ONE.  IT IS BEING DONE BY MESSAGE OF NECESSITY, IT IS

                    BEING DONE AT NIGHT.  WE'VE SEEN HISTORICALLY THAT THERE'S PRETTY BAD

                    IDEAS IN ALBANY THAT COME IN THIS WAY.  I HOPE THAT THIS DOESN'T TURN OUT

                    TO BE ONE OF THEM.  WE ARE -- THE WORD "FEAR MONGERING" GETS USED A

                    LOT AND, YET, I THINK THE WAY THAT I WOULD DESCRIBE THIS PARTICULAR

                                         94



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    LEGISLATION IS IT'S -- IT'S A VERY OPPORTUNISTIC EXERCISE HERE THIS EVENING.

                    I THINK IT'S TAKING -- IT'S TAKING, THANK GOD, ONLY ONE DIAGNOSED CASE

                    AND IT'S TURNING IT INTO A $40 MILLION REQUEST BEING MADE AT NIGHT AND

                    AN EXPANSION OF THE GOVERNOR'S AUTHORITY.  I'M NOT CONVINCED THAT THE

                    HEALTH BUDGET IS NOT -- IS INSUFFICIENT TO MEET THIS CHALLENGE RIGHT NOW

                    WITHOUT THIS APPROPRIATION.  AND I THINK IT WAS A VERY SAD, SAD VOTE ON

                    THE AMENDMENT WHICH I THINK WOULD HAVE PROVIDED REALLY NECESSARY

                    TRANSPARENCY AND ACCOUNTABILITY.

                                 ALL OF THAT BEING SAID, AND SOMETIMES VOTES ARE EASIER

                    OR HARDER THAN OTHERS, I WILL SUPPORT THIS BILL.  BUT I -- I'M -- I'M VERY

                    DISAPPOINTED IN THE WAY THAT IT'S ALL COME DOWN.  BUT I WILL VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALSH IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES --

                                 (PAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, DO -- DO

                    YOU HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  NO HOUSEKEEPING.

                    NUMEROUS FINE RESOLUTIONS.  WE'LL TAKE THEM UP WITH ONE VOTE.

                                 ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                                         95



                    NYS ASSEMBLY                                                    MARCH 3, 2020

                    AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 808-817

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, MEMBERS

                    SHOULD BE AWARE THAT BANKS AND HIGHER ED COMMITTEES WILL PROBABLY

                    BOTH BE CALLED OFF THE FLOOR ON TOMORROW.

                                 I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL

                    2:00 P.M., TUESDAY, MARCH THE 3RD, TOMORROW BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 12:02 A.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL TUESDAY, MARCH 3RD AT 2:00 P.M., TUESDAY BEING A

                    SESSION DAY.)























                                         96