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