WEDNESDAY, MAY 27, 2020 1:45 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

REVEREND ELIA WILL OFFER A PRAYER.

REVEREND DONNA ELIA: LET US PRAY. O HOLY

GOD, OUR TIMES ARE IN YOUR HANDS. AND EVEN IN OUR WEARINESS AND

NEED FOR RESILIENCE, WE PAUSE TO PRAISE YOU. RECEIVE OUR GRATITUDE.

BE THE SOURCE OF STRENGTH AND HEALING MERCY THAT WE NEED YOU TO BE.

THANK YOU FOR LEGISLATORS AND STAFF WORKING TIRELESSLY DURING THESE

TRYING TIMES. KEEP THEM AND THEIR LOVED ONES OUT OF HARM'S WAY. WE

PRAY FOR HEALING FOR THOSE INFECTED BY THE CORONAVIRUS AND FOR THOSE

WHO HAVE LOST LOVED ONES. BRING HEALING AND PEACE TO ALL. WE GIVE

YOU THANKS FOR THOSE ON THE FRONT LINE, FROM MEDICAL AND NURSING HOME

STAFF TO GROCERY EMPLOYEES TO CUSTODIANS WORKING IN THE BUILDING

NYS ASSEMBLY MAY 27, 2020

HOPING TO KEEP IT SAFE FOR ALL WHO ENTER HERE. ONCE AGAIN, BLESS THIS

ASSEMBLY. THANK YOU FOR THEIR COLLABORATION AND COOPERATION, FOR

THEIR WILLINGNESS TO DISCUSS AND MAKE DECISIONS IN NEW AND INNOVATIVE

WAYS. CONTINUE TO FILL THEM WITH WISDOM AND ENERGY, COMPASSION,

AND A LARGE MEASURE OF PROBLEM-SOLVING SKILL. GIVE THEM THE SUPPORT

AND RESOURCES THEY NEED FOR THE WORK AT-HAND. AND THANK YOU FOR THE

WELL OF EXPERIENCE AND SOLID RELATIONSHIPS WHICH GIVE THEM STRENGTH.

HOLY ONE, GOD OF LOVE AND PEACE, BRING PEACE AND HEALING TO THE

WORLD AND BE AS NEAR TO US AS BREATHING.

IN YOUR HOLY NAME WE PRAY. AMEN.

MEMBERS: AMEN.

ACTING SPEAKER AUBRY: VISITORS ARE INVITED

TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MAY 26TH.

MRS. PEOPLES-STOKES.

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

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

MAY THE 26TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY MAY 27, 2020

SPEAKER. I'D LIKE TO, AS I HAVE TRADITIONALLY DONE SINCE THE BEGINNING OF

THIS SESSION, OFFER A QUOTE. THIS QUOTE TODAY COMES FROM MADAME

MARIE CURIE. MANY OF US REMEMBER HER FROM OUR ELEMENTARY SCHOOL

DAYS. "NOTHING IN LIFE IS TO BE FEARED, IT IS ONLY TO BE UNDERSTOOD.

NOW IS THE TIME TO UNDERSTAND MORE, SO THAT WE MAY FEAR LESS." AGAIN,

MR. SPEAKER, THAT IS FROM MADAME MARIE CURIE.

MR. SPEAKER, THIS IS THE FIRST DAY OF THE 19TH

PRE-COVID WEEK, AND THE 14TH INTERIM COVID WEEK OF THE 243RD

LEGISLATIVE SESSION IN THE STATE OF NEW YORK. IT IS A PLEASURE TO SEE

YOU AND MY COLLEAGUES, BOTH THOSE THAT ARE HERE AND -- AND OUT REMOTE

IN THEIR OFFICES. JUST HAPPY THAT THEY ARE PARTICIPATING. WE WILL -- ARE

HERE TODAY TO TAKE UP A SERIES OF MEASURES DESIGNED TO MEET SOME OF

THE NEEDS, SOME OF THE NEEDS OF NEW YORKERS DURING OUR ONGOING

COMMON STRUGGLE AGAINST THE COVID-19 VIRUS AND ITS IMPACT ON OUR

STATE. TODAY WE CONVENE IN THE FIRST REMOTE ASSEMBLY SESSION IN THE

HISTORY OF NEW YORK STATE. MR. SPEAKER, WHILE WE ARE ABLE TO

CONVENE THIS WAY TO GET OUR WORK DONE, I AM PRAYERFUL AND HOPEFUL

THAT SOON WE WILL ALL BE BACK IN THE CHAMBERS TOGETHER. I DO MISS THE

COMRADERY WHEN WE'RE ALL HERE.

I'M JOINED IN THE CHAMBER TODAY BY THE SPEAKER

PRO-TEM, MR. AUBRY; THE MINORITY LEADER, MR. GOODELL; AND A FEW

OTHERS. MOST OF OUR MEMBERS WILL ATTEND AND FULLY PARTICIPATE

REMOTELY. THOSE MEMBERS WHO ARE IN ALBANY HAVE BEEN ENCOURAGED

TO PARTICIPATE IN OUR SESSION VIA ZOOM FROM THEIR OFFICES. I WOULD LIKE

TO TAKE THIS OPPORTUNITY TO THANK THE SPEAKER FOR HIS AMAZING

NYS ASSEMBLY MAY 27, 2020

LEADERSHIP DURING THIS EXTRAORDINARY TIME. AND I MUST ALSO TAKE THIS

TIME TO THANK OUR -- HIS AMAZING STAFF, OUR AMAZING STAFF, HEADED UP BY

LOUANN CICCONE, AMY SMITH AND BRIAN COYNE AND THEIR TEAMS. THEY

HAVE DONE A FABULOUS JOB IN PULLING US TOGETHER TO BE HERE TODAY, TO BE

ABLE TO VOTE REMOTELY AND CONTINUE OUR WORK AS A SESSION. THEY'VE

DONE A -- WE'VE ALREADY SEEN WHAT -- THE GREAT WORK THEY HAVE DONE

THROUGH OUR CONFERENCES AS WELL AND THROUGH PUBLIC HEARINGS, AND

NOW HERE WE ARE IN A FULL LEGISLATIVE SESSION. I ALSO WANT TO THANK

MEMBERS IN ADVANCE FOR THEIR COOPERATION AS WE BEGIN OUR WORK TODAY.

THIS IS DIFFERENT. THIS IS NOT SOMETHING WE'VE DONE BEFORE. BUT

COVID IS SOMETHING WE'VE NEVER EXPERIENCED BEFORE AS WELL.

MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR.

YESTERDAY AND THIS MORNING THERE WERE A SERIES OF REMOTE COMMITTEE

MEETINGS THAT PRODUCED THE 32-BILL -- 32-BILL A-CALENDAR. AT THIS TIME,

MR. SPEAKER, I WOULD LIKE TO MOVE TO ADVANCE THE A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

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

MRS. PEOPLES-STOKES: THE A-CALENDAR BEING

OUR PRINCIPAL WORK FOR TODAY. AT THE CONCLUSION OF OUR WORK TODAY,

MR. SPEAKER, WE WILL TAKE UP TWO PRIVILEGED RESOLUTIONS; ONE BY MR.

OTIS HONORING FIRST RESPONDERS AND ANOTHER BY MR. MCDONALD

MEMORIALIZING THOSE WHO HAVE LOST THEIR LIVES THROUGH THIS PANDEMIC.

IN A FEW MOMENTS WE WILL BEGIN OUR WORK ON CONSENT OF THE

A-CALENDAR, BUT MR. SPEAKER, BEFORE OUR WORK COMMENCES I SHOULD

TAKE A FEW MINUTES JUST TO REVIEW OUR PROCEDURES FOR TODAY. WE WILL

NYS ASSEMBLY MAY 27, 2020

CONTINUE TO OPERATE UNDER THE PROVISIONS OF ASSEMBLY RESOLUTION NO.

854 WHICH WE ADOPTED IN MARCH. ATTENDANCE IN THE CHAMBERS IS

LIMITED TO 30 PEOPLE AT ANY ONE TIME, WHICH WILL BE STRICTLY ENFORCED

BY THE SERGEANT-AT-ARMS. MEMBERS HERE IN ALBANY WHO WISH TO COME

INTO THE CHAMBERS TO PARTICIPATE IN OUR PROCEEDINGS WILL BE ADMITTED AT

THE DISCRETION OF THE SERGEANT-AT-ARMS, AND THEY SHOULD EXIT THE

CHAMBERS AS SOON AS THEY HAVE COMPLETED THEIR DEBATE AND/OR VOTING.

AGAIN, WE ENCOURAGE MEMBERS TO PARTICIPATE THROUGH THE REMOTE

TECHNOLOGY AVAILABLE TO THEM. ALL REMOTELY-PARTICIPATING MEMBERS ARE

CURRENTLY MUTED AND WILL REMAIN MUTED UNTIL RECOGNIZED BY YOU, MR.

SPEAKER. ON DEBATE, ALL MEMBERS WILL HAVE THE ABILITY TO SPEAK ON THE

BILL OR ASK A QUESTION FOR 15 MINUTES ONCE. TO BE RECOGNIZED FOR THE

PURPOSE OF DEBATE, MEMBERS ATTENDING REMOTELY SHOULD USE THE "RAISE

HAND" FUNCTION. MR. SPEAKER, WHEN YOU RECOGNIZE A MEMBER THAT HAS

RAISED THEIR HAND YOU WILL UNMUTE THEM IN ACCORDANCE WITH OUR DEBATE

RULES. MR. SPEAKER, MEMBERS MAY HAVE QUESTIONS OF THE SPONSOR OR

THEY SIMPLY MAY MAKE A STATEMENT. WHEN THE MEMBER'S TIME HAS

EXPIRED, THE MEMBER WILL AGAIN BE MUTED. VOTES WILL NOW BE A FAST

ROLL CALL UNLESS A SLOW ROLL CALL IS REQUESTED. IN A TRADITIONAL FAST ROLL

CALL EVERY MEMBER IN ATTENDANCE BASE -- IN THE ATTENDANCE BASE WILL BE

RECORDED AS A YES. MEMBERS WHO DO NOT WISH TO VOTE YES SHOULD

CONTACT THEIR FLOOR LEADER PREVIOUSLY, PROVIDED THAT NO VOTES WILL BE

ANNOUNCED FOR THE RECORD. YOU CAN CALL MY OFFICE, YOU CAN CALL MR.

GOODELL'S OFFICE AND WE WILL MAKE SURE THAT YOUR NO VOTE IS RECORDED

AND A PART OF THE RECORD. IN THE CASE OF A PARTY VOTE, MEMBERS WHO

NYS ASSEMBLY MAY 27, 2020

WISH TO VOTE CONTRARY TO THEIR CONFERENCE'S POSITION SHOULD CONTACT

THEIR FLOOR LEADER, AND THE EXCEPTIONS WILL BE ANNOUNCED, AGAIN, FOR THE

RECORD. MEMBERS WHO WISH TO EXPLAIN THEIR VOTES SHOULD USE THE RAISE

HAND FUNCTION TO SEEK RECOGNITION FROM THE CHAIR. THAT WOULD BE YOU,

MR. SPEAKER. THE RAISE HAND FUNCTION IS TO BE USED ONLY IF A MEMBER

WISHES TO EXPLAIN THE MEMBER'S VOTE, AND IT IS NOT A WAY TO VOTE. YOU

CANNOT VOTE BY PUSHING THE RAISE HAND FUNCTION ON YOUR COMPUTER.

FAST ROLL CALLS WILL BE OPEN FOR A SUFFICIENT PERIOD FOR MEMBERS TO

NOTIFY THE FLOOR LEADERS OF AN EXCEPTION. HOWEVER, IT IS IMPORTANT THAT

MEMBERS BE MONITORING THE PROCEEDINGS TO NOTE WHEN A ROLL CALL HAS

BEEN CALLED. IN THE CASE OF A SLOW ROLL CALL, THE CLERK WILL READ THROUGH

THE ROLL OF MEMBERS ALPHABETICALLY. WHEN A MEMBER'S NAME IS CALLED,

THE MEMBER WILL BE UNMUTED, THE MEMBER SHOULD STATE HIS OR HER NAME

TO ALLOW THE CAMERA TO PICK UP THE MEMBER AND THEN STATE HIS OR HER

VOTE. AT THE END OF THE FIRST CALL OF THE ROLL, THE CLERK WILL CALL THE

ABSENTEES FOLLOWING THAT SAME PROCEDURE.

WITH THAT, MR. SPEAKER, I BELIEVE WE ARE READY TO

PROCEED WITH CONSIDERING THE IMPORTANT BUSINESS BEFORE US. WE'RE

GOING TO BEGIN ON PAGE 3, RULES REPORT NO. 24 ON CONSENT.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

I ALSO WANT TO RECOGNIZE THAT MR. GOODELL IS ABLY

ASSISTED BY ASSEMBLYWOMAN MARY BETH WALSH. GLAD TO SEE YOU. IT'S

A TEMPERING PROCESS THAT WE LOVE TO HAVE. THANK YOU SO VERY MUCH.

MR. GOODELL.

NYS ASSEMBLY MAY 27, 2020

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

THANK YOU TO THE MAJORITY LEADER FOR HER THOUGHTFUL AND

COMPREHENSIVE ANALYSIS AND EXPLANATION OF HOW WE'RE PROCEEDING

UNDER UNUSUAL CIRCUMSTANCES. JUST ONE MINOR CLARIFICATION. IF ANY OF

THE MINORITY MEMBERS WISH TO EXPRESS HOW THEY WANT TO VOTE ON ANY

PARTICULAR BILL, I'D REQUEST THAT THEY CALL THE MINORITY LEADER'S OFFICE.

MR. BARCLAY'S OFFICE RATHER THAN MY OFFICE SINCE MY ONE STAFF MEMBER

IS RUNNING BACK AND FORTH AS THE CASE MAY BE. SO IF A MINORITY

MEMBER WANTS TO MAKE SURE THEIR VOTE IS RECORDED IN THE NEGATIVE OR IN

THE POSITIVE, THEY CAN REACH OUT TO THE MINORITY LEADER. IF WE DON'T

HEAR FROM THEM AND WE'RE DOING A PARTY LINE VOTE OR A FAST VOTE THEY'LL

BE RECORDED AS A YES.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07652-A, RULES

REPORT NO. 24, PAULIN, OTIS, BICHOTTE, ORTIZ. AN ACT TO AMEND THE

NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO UTILIZING TECHNOLOGY IN

CEMETERY LOT SALES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE. THIS IS A --

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09036 --

NYS ASSEMBLY MAY 27, 2020

(PAUSE)

MRS. PEOPLES-STOKES: JUST SO MEMBERS

UNDERSTAND THAT WE ARE ACTUALLY COORDINATING WITH THE SENATE ON A

POTENTIAL CROSS VOTE. SO AS SOON AS WE GET THAT FIGURED OUT WE'LL BE

MOVING RIGHT ALONG.

ACTING SPEAKER AUBRY: ALL RIGHT. I THINK

THAT'S BEEN (UNINTELLIGIBLE) FOR BOTH MEMBERS AND THE VIEWING PUBLIC TO

UNDERSTAND THAT WE ARE IN COORDINATION WITH THE SENATE AND THAT IS THE

PROCESS; THAT THEY ARE SENDING US BILLS AS WE WILL BE SENDING THEM.

AND WE ALWAYS WANT TO AVOID THE CROSS, AS THEY SAY, THE DREADED CROSS.

SO THAT IS WHAT'S GOING ON. THAT'S WHY WE HALTED THE PROCESS.

(PAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, AS WE

COLLECT THESE COORDINATED BILLS FROM THE SENATE, COULD WE JUST STAND AT

EASE FOR MAYBE TWO TO THREE MINUTES?

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

AT EASE.

(WHEREUPON, THE HOUSE STOOD AT EASE.)

*****

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES: THANK YOU. WE'RE GOING

TO GO RIGHT BACK TO PAGE 3 STARTING WITH RULES REPORT NO. 24.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

NYS ASSEMBLY MAY 27, 2020

THE CLERK: ASSEMBLY NO. A07652-A, RULES

REPORT NO. 24, PAULIN, OTIS, BICHOTTE, ORTIZ. AN ACT TO AMEND THE

NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO UTILIZING TECHNOLOGY IN

CEMETERY LOT SALES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: MR. SPEAKER, MR. MONTESANO AND

MR. DIPIETRO WILL BE VOTING NO ON THIS BILL.

ACTING SPEAKER AUBRY: SO RECORDED. THANK

YOU, MR. GOODELL.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, BEFORE WE

ANNOUNCE THE RESULTS, I DO WANT TO REMIND FOLKS - WHICH SHOULD BE NO

SURPRISE TO MOST - THIS IS OUR FIRST VOTE OF TODAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

NYS ASSEMBLY MAY 27, 2020

MEMBERS. WHEREVER YOU MAY BE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09036, RULES REPORT

NO. 25, L. ROSENTHAL, CRUZ, QUART, WEPRIN, ORTIZ, ABINANTI, GLICK,

OTIS, BICHOTTE, STERN, JACOBSON, DENDEKKER, BLAKE, REYES. AN ACT TO

AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO EXTENDING THE

STATUTE OF LIMITATIONS FOR CERTAIN CHILD SEXUAL ABUSE CASES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09789-A, RULES

REPORT NO. 26, BRAUNSTEIN, GOTTFRIED. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW AND THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR

THE CITY OF NEW YORK, IN RELATION TO THE ESTABLISHMENT BY THE CITY OF

NEW YORK OF A REVENUE STABILIZATION FUND AND VARIATIONS FROM

GENERALLY-ACCEPTED ACCOUNTING PRINCIPLES AS APPLIED TO THE BUDGET AND

ACCOUNTS OF SUCH CITY IN CONNECTION WITH SUCH FUND.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. BRAUNSTEIN TO EXPLAIN HIS VOTE.

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

BILL WOULD IMPLEMENT WHAT THE VOTERS OF NEW YORK CITY APPROVED LAST

YEAR IN A RAINY DAY FUND. UNFORTUNATELY, DUE TO SOME TIMING ISSUES,

WE WEREN'T ABLE TO FULLY VET OUT THE BILL, AND I BELIEVE AT A FUTURE DATE

THE SENATE AND SPONSOR AND MYSELF WOULD LIKE TO REVISIT THIS LEGISLATION

TO INCLUDE STRONGER PROTECTIONS FOR TAKING MONEY OUT OF THE RAINY DAY

FUND. HOWEVER, BECAUSE THE CITY OF NEW YORK EXPRESSED A DESIRE TO

BE -- TO ROLL OVER SOME SURPLUS MONEY FROM ONE YEAR TO THE NEXT, THIS

HAD AN IMMEDIATE IMPACT. SO I JUST WANTED TO EXPLAIN MY VOTE THAT

WHILE WE'RE PASSING THIS BILL TODAY, THERE WILL BE AN EFFORT TO REVISIT IT

AND IMPLEMENT SOME STRONGER PROTECTIONS FOR HOW THE RAINY DAY FUND

SHOULD WORK.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BRAUNSTEIN IN THE

AFFIRMATIVE.

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER. I JUST

WANTED TO EXPRESS THAT I UNDERSTAND THE NATURE THAT WE'RE IN AND THE

NYS ASSEMBLY MAY 27, 2020

REFERENDUM THAT THE NEW YORK CITY VOTERS PUT IN ESTABLISHING THIS

RAINY DAY FUND. I ALSO WANT TO THANK MY COLLEAGUE FOR

ACKNOWLEDGING THAT THE -- THERE IS SOME SHORTFALLS IN THIS CURRENT

LEGISLATION, BUT WE HOPEFULLY WILL REVISIT IT. MY ONLY CONCERN IS THAT

I'M WORRIED THAT IT'S GOING TO BE LIKE THE MTA LOCK BOX WHERE IT TOOK

FOREVER FOR US TO GET BACK -- AND OF COURSE PREDATING MY TIME HERE --

TOOK US FOREVER -- THE LEGISLATURE FOREVER TO ACTUALLY CORRECT THOSE --

THOSE MISSTEPS IN THE INITIAL LEGISLATION. SO, FAR TOO OFTEN WE HAVE

THESE DEBATES AND WE TALK ABOUT LEGISLATION AND THAT WE'RE GOING TO

COME BACK AND -- AND FIX. AND I'VE SEEN IN MY SHORT TIME HERE THAT

THAT DOESN'T NECESSARILY HAPPEN IN AN EXPEDITED WAY. SO MY ONLY

RESERVATION IS THAT I HOPE THAT WE REALLY DO COME BACK AND REVISIT THIS

IMMEDIATELY, THE FIRST CHANCE WE GET, SO THAT WE CAN ENSURE THAT ANY

RESERVE FUNDS ARE SPENT ONLY THE WAY THEY'RE SUPPOSED TO BE.

AND THANK YOU FOR YOUR TIME. AND I'M GOING TO BE

VOTING IN THE AFFIRMATIVE, BUT I'M HOPING THAT WE STICK TO THAT TIMELINE

OF FIXING THIS AS QUICK AS POSSIBLE. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: SURE. MR. REILLY IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. FOR THE

REASONS MENTIONED BY MR. REILLY I WILL BE SUPPORTING THIS BILL AND ALSO

LOOK FORWARD TO THOSE CORRECTIONS. BUT OTHER MEMBERS OF THE

CONFERENCE ARE WAITING FOR THE CORRECTIONS BEFORE THEY SUPPORT THE BILL,

AND THOSE WHO ARE VOTING NO ON THE REPUBLICAN CONFERENCE INCLUDE

NYS ASSEMBLY MAY 27, 2020

MR. MONTESANO, MR. HAWLEY, MR. LIPETRI, MR. DIPIETRO, MR. RA, MR.

NORRIS, MR. MANKTELOW, MS. MILLER, MR. FRIEND, MR. GARBARINO, MR.

ASHBY, MR. PALMESANO, MR. FITZPATRICK AND MR. BLANKENBUSH.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: NOS ARE NOTED, AND

MR. GOODELL IN THE AFFIRMATIVE.

SIR?

MR. GOODELL: SIR, IF I MISSED ANYONE I WOULD

URGE THEM TO CONTACT THE -- THE MINORITY LEADER'S OFFICE AS QUICKLY AS

POSSIBLE SO THAT WE CAN ENSURE THAT THEIR VOTE IS CORRECTLY RECORDED.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: YOU'RE WELCOME. SO

NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10189-A, RULES

REPORT NO. 27, ORTIZ, BUTTENSCHON, OTIS, BICHOTTE, BLAKE, DENDEKKER.

AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE ATTENDANCE OF

MINORS UPON FULL-DAY INSTRUCTION AND THE CONDITIONS UNDER WHICH

DISTRICTS, INCLUDING THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,

ARE ENTITLED TO AN APPORTIONMENT OF STATE AID AND THE CLOSURE OF SCHOOLS

DUE IN RESPONSE TO THE NOVEL CORONAVIRUS, COVID-19.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

ORTIZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

NYS ASSEMBLY MAY 27, 2020

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I DO SUPPORT

THIS BILL BECAUSE I DO THINK IT'S IMPORTANT THAT SCHOOLS DON'T LOSE

FUNDING WHEN THEY DON'T MEET THE 100-DAY REQUIREMENT DUE TO

COVID-19. I WOULD JUST LIKE TO SAY AS THE RANKING MEMBER ON THE

EDUCATION COMMITTEE THAT I'M GLAD TO SEE THIS BILL, BUT I ALSO THINK IT'S

VERY IMPORTANT THAT WE TAKE STRIDES TO TRY TO MAKE SURE THAT OUR SCHOOLS

CAN REOPEN AS SOON AS POSSIBLE. I'VE BEEN CONTACTED BY SO MANY

PARENTS FROM MY DISTRICT AND OUTSIDE OF MY DISTRICT, EXTREMELY

CONCERNED ABOUT THEIR CHILDREN NOT RECEIVING THE SERVICES THAT THEY

NEED, EVEN THOUGH I KNOW EVERYBODY IS TRYING VITALLY TO DO EDUCATION

VIRTUALLY. THIS IS OF PARTICULAR IMPORTANCE TO CHILDREN WITH

INDIVIDUALIZED EDUCATIONAL PROGRAMS, OR IEPS. IT'S SO IMPORTANT THAT

THEY BE ABLE TO GET BACK INTO THE SCHOOL ENVIRONMENT TO RECEIVE THE

SERVICES THAT THEY NEED, WHETHER IT'S SPEECH AND LANGUAGE, WHETHER IT'S

OT, PT, OR WHATEVER THE -- THE NATURE OF THE IEP, WHAT IT STANDS FOR.

IT'S VERY DIFFICULT TO DELIVER THOSE SERVICES REMOTELY.

NYS ASSEMBLY MAY 27, 2020

SO I DO SUPPORT THIS BILL. I THINK IT'S VERY IMPORTANT.

BUT I -- I ALSO THINK THAT WE, AS -- AS A LEGISLATIVE BODY, SHOULD

CONTINUE TO LOOK FOR WAYS THAT WE CAN TRY TO MOVE THE BALL FORWARD AND

GET OUR KIDS BACK INTO SCHOOL. SO, THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

MS. BICHOTTE TO EXPLAIN HER VOTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER. I AM

PROUD TO SUPPORT THIS BILL SPONSORED BY MY COLLEAGUE WHICH WOULD

PREVENT SCHOOLS FROM LOSING AID DUE TO COVID-19 CLOSURES. THE

CURRENT EDUCATION LAW REQUIRES THAT SCHOOL DISTRICTS BE IN SESSION FOR

180 DAYS OR RISK LOSING STATE AID. THE COVID-19 PAN -- PANDEMIC HAS

CAUSED MANY SCHOOLS ACROSS NEW YORK STATE TO CLOSE FOR PERIODS

EXCEEDING THE REQUIRED TIME SPENT IN SESSION. IN MY DISTRICT, WHICH

INCLUDES AREAS OF BROOKLYN THAT -- THAT WERE HIT HARDEST -- HARDEST HIT

BY THE PANDEMIC, STUDENTS HAVE FACED AN UPHILL BATTLE TO GET A QUALITY

EDUCATION. ESPECIALLY STUDENTS OF -- OF COLOR AND STUDENTS IN -- IN

LOW-INCOME AREAS WERE FACED WITH DISPROPORTIONATE HARDSHIP WHEN IT

COMES TO EDUCATION. SO, THESE KIDS NEED THE SUPPORT OF THE STATE NOW

MORE THAN EVER. THEY SHOULD NOT LOSE ACCESS TO EDUCATION BECAUSE OF

THE PANDEMIC OR BECAUSE STATE FUNDING IS PULLED WHERE IT IS NEEDED THE

MOST.

I ENCOURAGE EVERYONE TO VOTE WITH ME, WITH THE

SPONSOR, TO MAKE SURE THAT STUDENTS OF NEW YORK CAN CONTINUE TO

COMPETE ON A GLOBAL PLAYING FIELD. THANK YOU, MR. SPEAKER, AND I

NYS ASSEMBLY MAY 27, 2020

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. ASSEMBLYMEMBER

MR. DIPIETRO WILL BE IN THE NEGATIVE ON THIS PARTICULAR BILL.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10241-A, RULES

REPORT NO. 28, HYNDMAN, BUTTENSCHON, OTIS, BICHOTTE, DENDEKKER,

COLTON. AN ACT IN RELATION TO EXTENDING THE DEADLINE FOR THE FILING OF

APPLICATIONS AND RENEWAL APPLICATIONS FOR REAL PROPERTY TAX ABATEMENT

PROGRAMS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10252-A, RULES

REPORT NO. 29 IS HIGH FOR THURSDAY.

ASSEMBLY NO. A10270, RULES REPORT NO. 30, ROZIC,

DINOWITZ, BUCHWALD, ORTIZ, LENTOL, SIMON, SIMOTAS, SEAWRIGHT,

GRIFFIN, MCDONOUGH, GIGLIO, MONTESANO, GOTTFRIED, WEPRIN, GLICK,

NYS ASSEMBLY MAY 27, 2020

CAHILL, MCDONALD, DENDEKKER, OTIS, BICHOTTE, BUTTENSCHON,

L. ROSENTHAL, FALL. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

RELATION TO PRICE GOUGING.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

ROZIC, 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.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MEMBER'S MAJORITY

OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. ROZIC TO EXPLAIN HER VOTE.

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

LEGISLATION WOULD UPDATE NEW YORK'S STATUTE REGARDING THE PRICE

GOUGING OF CONSUMER GOODS BY EXPANDING IT TO COVER ESSENTIAL MEDICAL

SUPPLIES AND SERVICES AND OTHER GOODS OR SUPPLIES AND SERVICES USED TO

PROMOTE THE HEALTH AND WELFARE OF THE PUBLIC. DURING THE COVID-19

PANDEMIC WE'VE SEEN COUNTLESS INSTANCES OF EGREGIOUS PRICE GOUGING;

HAND SANITIZER, FACE MASKS, BANDAGES, MED -- MEDICAL-GRADE APPAREL

AND OTHER CRUCIAL MEDICAL SUPPLIES THAT ARE DESPERATELY NEEDED BY OUR

FRONTLINE WORKERS, HOSPITALS AND OTHER HEALTHCARE FACILITIES. NEW YORK

HOSPITALS HAVE PAID UP TO 15 TIMES MORE THAN THE NORMAL PRICE FOR

NYS ASSEMBLY MAY 27, 2020

GLOVES AND MASKS. NEW YORK STATE ESTIMATES THAT TOTAL CORONA-RELATED

EXPENSES WILL EXCEED $15 BILLION DUE TO BIDDING COMPETITIONS. AND

THE -- THE OFFICE OF THE ATTORNEY GENERAL, WHO IS SUPPORTING THIS BILL,

HAS RECEIVED OVER 5,000 COMPLAINTS AND ISSUED OVER 1,500 CEASE AND

DESIST ORDERS TO BUSINESSES, SUPPLIERS AND WHOLESALERS. THIS IS A STRONG

DETERRENT TO INDIVIDUALS SEEKING TO USE THE PANDEMIC AND OTHER

EMERGENCIES TO ENRICH THEMSELVES AT THE EXPENSE OF THE GENERAL PUBLIC

AND THE HEALTHCARE WORKERS WHO ARE FIGHTING TO KEEP US SAFE AT A GREAT

PERSONAL DANGER TO THEMSELVES.

I WANT TO THANK THE OAG'S OFFICE FOR ALL THEIR HARD

WORK, AND I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. ROZIC IN THE

AFFIRMATIVE.

MR. FALL TO EXPLAIN HIS VOTE.

MR. FALL: THANK YOU, MR. SPEAKER. I WANT TO

THANK THE SPONSOR FOR INTRODUCING THIS VERY IMPORTANT PIECE OF

LEGISLATION. AS A MEMBER OF THE CONSUMER AFFAIRS COMMITTEE AND AS

THE CHAIR OF THE SUBCOMMITTEE ON CONSUMER FRAUD PROTECTION, I FIND

IT INCREDIBLY DISTURBING THAT DURING A PANDEMIC WE HAVE SEEN COUNTLESS

INSTANCES OF EGREGIOUS PRICE GOUGING, PARTICULARLY OF MEDICAL SUPPLIES

SUCH AS HAND SANITIZERS, FACE MASKS, BANDAGES, MEDICAL APPAREL AND

OTHER CRUCIAL SUPPLIES THAT ARE DESPERATELY NEEDED BY OUR HOSPITALS AND

OUR HEALTHCARE FACILITIES.

WITH THIS PIECE OF LEGISLATION STRENGTHENING OUR

EXISTING PRICE GOUGING STATUTE MAINLY BY EXPANDING ITS APPLICATION TO

NYS ASSEMBLY MAY 27, 2020

ANY GOODS AND SERVICES VITAL FOR THE HEALTH AND SAFETY AND WELFARE OF

THE GENERAL PUBLIC, SPECIFICALLY APPLYING IT TO MEDICAL SUPPLIES AND

SERVICES THAT ARE USED TO TREAT, CURE AND PREVENT DISEASES OR ILLNESSES,

AND AUTHORIZING THE ATTORNEY GENERAL TO PURSUE INCREASED PENALTIES FOR

THOSE TRYING TO PROFIT OFF OF OTHERS' MISFORTUNE FOR THIS IS WHY I WILL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. FALL IN THE

AFFIRMATIVE.

MR. GOODELL.

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

MEMBERS OF THE REPUBLICAN CAUCUS ARE, OF COURSE, OPPOSED TO PRICE

GOUGING. IT'S INAPPROPRIATE UNDER ANY CIRCUMSTANCES. WE ALREADY

HAVE EXISTING LEGISLATION THAT COVERS THAT, AND BECAUSE WE ALREADY HAVE

EXISTING LEGISLATION THAT COVERS THAT, MR. FRIEND AND MR. TAGUE WILL BE

VOTING NO ON THIS PARTICULAR PIECE OF LEGISLATION.

ACTING SPEAKER AUBRY: SO NOTED, SIR. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10290-B, RULES

REPORT NO. 31, DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS, JAFFEE,

GOTTFRIED, ORTIZ, RAMOS, SIMON, OTIS, BICHOTTE, L. ROSENTHAL, MOSLEY,

DENDEKKER. AN ACT IN RELATION TO PROHIBITING THE EVICTION OF

RESIDENTIAL TENANTS WHO HAVE SUFFERED FINANCIAL HARDSHIP DURING THE

NYS ASSEMBLY MAY 27, 2020

COVID-19 COVERED PERIOD.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10294-A, RULES

REPORT NO. 32, STIRPE, OTIS, BUTTENSCHON, JACOBSON, DENDEKKER,

MCDONALD, ORTIZ, COLTON, BLAKE. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW, IN RELATION TO ESTABLISHING A STATE DISASTER EMERGENCY

LOAN PROGRAM; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

THE EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STIRPE, 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.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MEMBER'S MAJORITY

OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WOERNER TO EXPLAIN HER VOTE.

MS. WOERNER: THANK YOU, MR. SPEAKER. I AM --

I'M DELIGHTED TO BE ABLE TO VOTE IN THE AFFIRMATIVE FOR THIS PIECE OF

LEGISLATION. THE -- OUR SMALL BUSINESSES ARE CLEARLY THE BACKBONE OF

NYS ASSEMBLY MAY 27, 2020

NEW YORK STATE'S ECONOMY, AND THIS BILL PROVIDES A MECHANISM FOR

ENSURING THAT THE ADDITIONAL EXPENSES THAT THEY INCUR IN REOPENING ARE

COVERED, AND IT PROVIDES FOR ADDITIONAL CAPITAL TO BE INVESTED IN OUR

SMALL BUSINESSES AT A TIME WHEN THEY MOST NEED IT.

SO I THANK SO MUCH THE SPONSOR FOR INTRODUCING THIS

LEGISLATION AND THE SPEAKER FOR SUPPORTING IT, AND I LOOK FORWARD TO

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

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MR. MCDONALD.

MR. MCDONALD: THANK YOU, MR. SPEAKER. I, TOO,

WANT TO RAISE MY SUPPORT FOR THIS LEGISLATION. THANK YOU, OBVIOUSLY,

CHAIRMAN STIRPE AND ALSO CHAIRMAN THIELE, WHO HAS A SIMILAR BILL IN

THE LOCAL GOVERNMENT ASPECT. AS A FORMER IDA CHAIRPERSON AND LOCAL

DEVELOPMENT COUNCIL PRESIDENT, I KNOW FULL WELL THE GREAT WORK THAT

IDAS DO THROUGHOUT THE STATE OF NEW YORK AT THE LOCAL LEVEL. AS OUR

ECONOMY IS STARTING TO REBOUND, HAVING THE ABILITY FOR IDAS TO PUT

THESE TYPES OF PROGRAMS INTO PLACE ONE MONTH, TWO MONTHS, THREE

MONTHS, EVEN FOUR OR FIVE MONTHS DOWN THE ROAD IS GOING TO BE CRITICAL,

PARTICULARLY FOR SMALL BUSINESSES. AS IS OFTEN SAID IN THE STATE OF NEW

YORK, ECONOMIC DEVELOPMENT IS DONE FROM THE GROUND LEVEL UP. THIS

IS ACTUALLY ALLOWING MONEY SITTING ON THE SIDELINES IN MANY OF THE

IDAS THROUGHOUT THE STATE OF NEW YORK, ALTHOUGH FOR A NARROWER

PURPOSE THAT I WOULD CARE FOR, TO AT LEAST BE PUT BACK INTO LOCAL

ECONOMY, WHICH IS ONLY GOING TO LEAD TO THE SUCCESS OF SOME OF THESE

NYS ASSEMBLY MAY 27, 2020

SMALL BUSINESSES AS THEY'RE OPENING UP. PARTICULARLY THOSE WHO ARE NOT

ELIGIBLE TO ACCESS PPP MONEY OR ANY OF THE OTHER PROGRAMS OUT THERE.

SO, THEREFORE, I SUPPORT THIS LEGISLATION AND I THANK

YOU FOR YOUR LEADERSHIP.

ACTING SPEAKER AUBRY: MR. MCDONALD IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I'LL GET USED

TO THIS AGAIN. I ALSO AM VERY HAPPY TO SUPPORT THIS -- THIS PIECE OF

LEGISLATION AND I DO THANK THE SPONSOR. I NOTICED THAT OUT OF THE

PACKAGE OF BILLS THAT WE'RE TAKING UP TODAY AND TOMORROW, THIS IS

PERHAPS THE ONLY BILL THAT REALLY DIRECTLY HELPS SMALL BUSINESS, AND I

THINK THAT THAT'S REALLY IMPORTANT. I -- I FORMERLY WAS A MEMBER OF MY

COUNTY'S IDA, AND I KNOW THAT BECAUSE OF A LOT OF RESTRICTIONS THAT ARE

PLACED ON IDAS - WE CAN HAVE A DEBATE ON ANOTHER DAY ABOUT THE

WISENESS OF THAT, THE WISDOM OF DOING THAT - THEY HAVE -- WE DO HAVE A

LOT OF MONEY THAT'S ON THE SIDELINES THAT THEY'RE UNABLE TO UTILIZE, AND I

THINK THAT BEING ABLE TO EXTEND THESE LOANS TO SMALL BUSINESS, I THINK,

GIVES AN OPTION THAT IS NEEDED. AND ON TOP OF THE OTHER ASSISTANCES

THAT ARE COMING FROM THE FEDERAL GOVERNMENT AND THE PPP PROGRAM

THROUGH THE SMALL BUSINESS ADMINISTRATION, I THINK THAT THIS IS

NECESSARY.

SO I'M VERY HAPPY TO LEND MY SUPPORT TO IT AND I'M

VERY GLAD THAT IDAS COULD PLAY -- CONTINUE TO PLAY A ROLE IN

ENCOURAGING SMALL BUSINESS. THANK YOU.

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I JUST RISE

TO EXPLAIN MY VOTE. I ALSO WANT TO COMMEND -- SUPPORT THE SPONSOR FOR

PUTTING THIS BILL FORWARD. ONE OF THE LARGEST THINGS I HEAR ALL THE TIME IS

OUR SMALL BUSINESSES' LACK OF ACCESS TO RESOURCES. SOME HAVE GOTTEN

PPP, BUT MANY HAVE NOT. AND IT'S REALLY IMPORTANT THAT WE DO WHAT WE

CAN TO SUPPORT OUR SMALL BUSINESSES. I THINK THIS IS AN IMPORTANT FIRST

STEP, BUT I KNOW WE NEED TO DO A LOT MORE. ESPECIALLY IN NEW YORK

CITY WHERE BUSINESSES ARE STILL NOT OPEN AND THEY CAN'T FUNCTION AND

THEY HAVE SO MANY COSTS; RENT AND OTHERS. WE NEED TO DO AS MUCH AS

WE CAN TO ASSIST THEM IN COVERING THEIR COSTS TO HELP THEM REOPEN, AND

WE KNOW THAT A LOT OF BUSINESSES ARE GOING TO FAIL WITHOUT OUR SUPPORT.

SO I ENCOURAGE US TO CONTINUE TO WORK HARD TO SUPPORT

OUR SMALL BUSINESSES ALL OVER THE STATE, AND I WANT TO VOTE IN THE

AFFIRMATIVE AND I SUPPORT THE SPONSOR HERE.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER.

ASSEMBLYMAN MR. DIPIETRO WILL BE NEGATIVE ON THIS PARTICULAR BILL.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MR. BARRON TO EXPLAIN HIS VOTE.

NYS ASSEMBLY MAY 27, 2020

MR. BARRON: YES. THANK YOU, MR. SPEAKER. I

JUST WANT TO SAY ABOUT THE IDAS, IT'S KIND OF A MIXED BAG ON THE IDAS.

YOU KNOW, PEOPLE PRAISE THEM ON THE LOANS THAT THEY MAY BE ABLE TO

GIVE TO SMALL BUSINESSES, BUT IN THE BLACK AND BROWN COMMUNITIES,

IDAS GET TAX BREAKS. THIS IS MONEY THAT'S NOT GOING TO GO IN THE

TREASURY, AND OFTENTIMES IN BLACK AND BROWN COMMUNITIES THEY DON'T

CREATE THE JOBS THAT THEY GET THE TAX BREAKS FOR. SO IT'S A MIXED BAG.

I'M SUPPORTING THIS ONE BECAUSE OF THE CRISIS AND

BECAUSE OF THE CONDITIONS THAT OUR SMALL BUSINESSES ARE IN, BUT WE NEED

TO LOOK AT THESE IDAS BECAUSE THEY ARE A MIXED BAG AND THEY HAVE NOT

CREATED THE KIND OF EMPLOYMENT AND OPPORTUNITIES IN BLACK AND BROWN

COMMUNITIES THAT WE NEED THEM TO DO. AND THEY HAVE ACCESS TO

CERTAIN CAPITAL AND THEY ALSO HAVE TAX BREAKS. SO IF THEY GONNA GET A

BREAK, THEN GIVE US A BREAK AND CREATE MORE JOBS, MORE SMALL

BUSINESSES, BLACK AND BROWN SMALL BUSINESSES THAT DON'T GET THE SAME

KIND OF ATTENTION FROM THESE IDAS.

SO I'M GOING TO SUPPORT IT BECAUSE WE IN A CRISES, AND

THESE BUSINESSES NEED THE LOANS AND SMALL BUSINESSES ARE THE ECONOMIC

ENGINE FOR A LOT OF OUR COMMUNITIES BUT IT DOESN'T TRICKLE DOWN TO OUR

NEIGHBORHOODS BY THE WAY OF THESE IDAS.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MR. BLAKE TO EXPLAIN HIS VOTE.

MR. BLAKE: THANK YOU, MR. SPEAKER AND

COLLEAGUES. I JUST WANTED TO CONVEY SUPPORT FOR THIS BILL. AS WE ALL

NYS ASSEMBLY MAY 27, 2020

KNOW, THERE'S A DESPERATE NEED TO HELP OUR SMALL BUSINESSES IN SO MANY

WAYS, ESPECIALLY FOR WHAT YOU ALL ARE SEEING HAPPENING HERE IN THE

BRONX. WE'RE -- WE'RE VERY CONCERNED. WE'RE NOT GETTING ENOUGH

ACCESS TO CAPITAL, WE'RE NOT GETTING ENOUGH IMMEDIATE HELP, AND THIS

CAN BE ONE OF THE WAYS THAT WE PROVIDE THAT SUPPORT IMMEDIATELY TO

OUR BUSINESSES TO HAVE THAT. BUT WE HAVE TO GO A STEP FURTHER. WE --

WE HAVE TO MAKE SURE THAT THERE'S MORE EXPANSION WHEN IT COMES TO

THE -- THE STATE LIQUOR AUTHORITY THAT HELPS OUR LOCAL RESTAURANTS

BECAUSE OF THE BACKLOG THAT'S BEEN HAPPENING FOR OUR RESTAURANTS IN SO

MANY WAYS. WE HAVE TO MAKE SURE WE FOCUS ON MORE GRANTS AND NOT

JUST LOANS, AND WE DEFINITELY HAVE TO AMPLIFY THE NEED OF THE SEASONAL

APPROACH THAT'S HAPPENING FOR OUR MINORITY-OWNED BUSINESSES AND

WOMEN-OWNED BUSINESSES AS WELL.

SO I -- I SUPPORT THIS BILL. IT DEFINITELY IS A FIRST STEP,

BUT I HOPE THAT WE'LL GO EVEN FURTHER IN MAKING SURE WE'RE HELPING

OTHERS (UNINTELLIGIBLE), AND I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BLAKE IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, LET ME JUST

TAKE THIS OPPORTUNITY TO CONGRATULATE THE SPONSOR OF THIS BILL. I THINK

IT'S NOT ONLY TIMELY, BUT IT IS AN EXISTING BUSINESS AGENCY WITHIN MANY

OF OUR COMMUNITIES THAT SHOULD MORE OFTEN LOOK AT SMALLER-SIZED

BUSINESSES IN ORDER TO MAKE LOANS AND GRANTS.

SO I WANT TO COMMEND MR. STIRPE FOR THIS BILL AND I

NYS ASSEMBLY MAY 27, 2020

LOOK FORWARD TO ITS PASSAGE AND THE GOVERNOR SIGNING IT. THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10303-B, RULES

REPORT NO. 33, DINOWITZ, TAYLOR, RIVERA, ABINANTI, BICHOTTE, OTIS,

LENTOL, GOTTFRIED, MONTESANO, SIMON, O'DONNELL, ORTIZ, BUTTENSCHON,

L. ROSENTHAL, DENDEKKER, MALLIOTAKIS. AN ACT TO AMEND THE

TRANSPORTATION LAW, IN RELATION TO PARATRANSIT SERVICES WITHIN THE STATE

AND CITY OF NEW YORK DURING THE CORONAVIRUS (COVID-19) PANDEMIC.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. I WILL BE

SUPPORTING THIS BILL, BUT I DID WANT TO MENTION SOME CONCERNS IN THE

LANGUAGE IN THE HOPES THAT WE MIGHT ADDRESS THIS IN FUTURE SESSIONS.

FIRST, THIS BILL PROVIDES THAT THE ELIGIBILITY FOR PARATRANSIT SERVICES

WOULD BE DETERMINED, QUOTE, "SOLELY ON THE BASIS OF INFORMATION

SUBMITTED IN A WRITTEN APPLICATION." THE INTENT, OF COURSE, WAS TO

ELIMINATE AN IN-PERSON INTERVIEW, BUT RECOGNIZING IN TODAY'S

TECHNOLOGICAL SOCIETY, YOU CAN STILL DO AN -- A DIRECT ONE-ON-ONE

PERSONAL INTERVIEW TO VERIFY THE ACCURACY OF THE INFORMATION EITHER

NYS ASSEMBLY MAY 27, 2020

THROUGH ZOOM OR ON TELE -- TELEPHONE OR CELL PHONE OR ANY OTHER

NUMEROUS WAYS THAT WE'RE ALL GETTING USED TO UTILIZING THEM. OUR

CONCERN, OF COURSE, IS IF YOU MAKE THE SERVICE AVAILABLE SOLELY ON THE

BASIS OF A WRITTEN APPLICATION, YOU ELIMINATE AN IMPORTANT CRITERIA THAT

CAN BE USED TO AVOID FRAUD OR ABUSE. AND THE SECOND CONCERN THAT

SOME OF OUR MEMBERS HAVE IS THAT THIS REQUIRES THAT THE PARATRANSIT

SERVICE BE ONE-ON-ONE TO THE MAXIMUM EXTENT POSSIBLE. AND WE

UNDERSTAND WHY PEOPLE ARE RELUCTANT TO RIDE IN ANY SITUATION

ONE-ON-ONE, BUT WE ALSO NEED TO RECOGNIZE THAT ONE-ON-ONE

TRANSPORTATION IS VERY EXPENSIVE. SO WHILE IN NEW YORK CITY AND

MANY OF OUR OTHER MUNICIPALITIES WE CONTINUE TO OPERATE A BUS SYSTEM,

WE CONTINUE TO OPERATE A SUBWAY, WE HOPE AND EXPECT THE RIDERS TO BE

WEARING MASKS AND PRACTICING SOCIAL DISTANCING TO THE EXTENT POSSIBLE.

WE NEED TO BE MINDFUL THAT WHEN WE PASS A STATUTORY PROVISION

REQUIRING ONE-ON-ONE TRANSPORTATION, WE SHOULD BE ANTICIPATING THE BILL

FOR THAT MORE EXPENSIVE FORM OF TRANSPORTATION.

SO I WILL BE SUPPORTING THIS BECAUSE THESE EXEMPTIONS

ARE ONLY TEMPORARY IN NATURE. BUT CERTAINLY, WE NEED TO BE VERY

MINDFUL AS WE MOVE FORWARD OF BOTH THE COST RAMIFICATIONS AND WE

NEED TO BE CAREFUL ABOUT ELIMINATING THE CHECKS AND BALANCES THAT

PREVENT FRAUD AND ABUSE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY MAY 27, 2020

THE VOTE.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A10326-A, RULES

REPORT NO. 34, REYES, BICHOTTE, GLICK, L. ROSENTHAL, ORTIZ, JACOBSON,

DENDEKKER, BLAKE, PERRY, COLTON. AN ACT TO AMEND THE LABOR LAW, IN

RELATION TO PROHIBITING HEALTH CARE EMPLOYERS FROM PENALIZING

EMPLOYEES BECAUSE OF COMPLAINTS OF EMPLOYER VIOLATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10348-A, RULES

REPORT NO. 35, IS HIGH FOR THURSDAY.

ASSEMBLY NO. A10351-B, RULES REPORT NO. 36,

ROZIC, GRIFFIN, CARROLL, CUSICK, BARNWELL, OTIS, BICHOTTE, STERN, ORTIZ,

L. ROSENTHAL, GLICK, NOLAN, PERRY, DENDEKKER. AN ACT TO AMEND THE

BANKING LAW, IN RELATION TO THE FORBEARANCE OF RESIDENTIAL MORTGAGE

PAYMENTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

NYS ASSEMBLY MAY 27, 2020

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10394-A, RULES

REPORT NO. 37, LENTOL, JACOBSON, EICHENSTEIN, ORTIZ, O'DONNELL,

D'URSO, BUCHWALD, GLICK, GOTTFRIED, GRIFFIN, MOSLEY, SEAWRIGHT,

SIMON, THIELE, GALEF, COLTON, OTIS, BICHOTTE, BUTTENSCHON, BARRON,

DINOWITZ, WRIGHT, L. ROSENTHAL, CYMBROWITZ. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO REQUIRING RESIDENTIAL HEALTH CARE

FACILITIES TO PREPARE AN ANNUAL PANDEMIC EMERGENCY PLAN.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10404-A, RULES

REPORT NO. 38, L. ROSENTHAL, WRIGHT, GLICK, BUTTENSCHON, OTIS,

BICHOTTE, ORTIZ, DINOWITZ, DENDEKKER, BLAKE. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO INCLUDING AUDIO-ONLY AND VIDEO-ONLY

TELEHEALTH AND TELEMEDICINE SERVICES IN THOSE TELEHEALTH AND

TELEMEDICINE SERVICES ELIGIBLE FOR REIMBURSEMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10409-A, RULES

NYS ASSEMBLY MAY 27, 2020

REPORT NO. 39, MCDONALD, OTIS, BUTTENSCHON, ORTIZ, JACOBSON,

DENDEKKER, BLAKE. AN ACT RELATING TO AUTHORIZING LOCAL GOVERNMENTS

TO EXTEND BUILDING PERMITS AND LOCAL ZONING BOARDS OF APPEALS AND

LOCAL PLANNING BOARDS ACTIVE APPROVALS FOR A PERIOD OF UP TO 120 DAYS;

AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10438-A, RULES

REPORT NO. 40, COMMITTEE ON RULES (THIELE, STERN, WOERNER,

MCDONALD, SEAWRIGHT, SCHIMMINGER, FRONTUS, DICKENS, GRIFFIN, ORTIZ,

PAULIN, D'URSO, JAFFEE, BUTTENSCHON, WALLACE, LIFTON, OTIS, MCMAHON,

BICHOTTE, JACOBSON, TAGUE, BARCLAY, DENDEKKER, WEINSTEIN). AN ACT

TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO THE DETERMINATION

OF POINTS FOR SERVICE AWARD PROGRAMS FOR VOLUNTEER FIREFIGHTERS AND

VOLUNTEER AMBULANCE WORKERS DURING A STATE DISASTER EMERGENCY; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY MAY 27, 2020

THE VOTE.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(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. A10446-A, RULES

REPORT NO. 41, COMMITTEE ON RULES (QUART, OTIS, BICHOTTE, WRIGHT,

DENDEKKER). AN ACT TO REPEAL SUBDIVISION 4 OF SECTION 240.35 OF THE

PENAL LAW, IN RELATION TO THE CRIME OF LOITERING.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

QUART, 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.

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MEMBER'S MAJORITY

OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

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

NYS ASSEMBLY MAY 27, 2020

EXPLAIN MY VOTE. THIS BILL, WHICH DATES BACK TO THE 30'S, MADE IT A

VIOLATION TO LOITER WITH A MASK ON FOR OBVIOUS REASONS. AND IT JUST

MAKES YOU REFLECT ON HOW TIMES HAVE CHANGED. TWO MONTHS AGO IF

YOU WENT INTO A BANK WITH A MASK ON THEY'D CALL THE POLICE. NOW IF

YOU GO INTO THE BANK WITHOUT A MASK THEY CALL THE POLICE -- THEY CALL

THE POLICE IF YOU DON'T HAVE A MASK. FOR THOSE WHO ARE WATCHING US

LIVE, I WOULD REASSURE YOU THAT THOSE OF US WHO AREN'T WEARING A MASK

ARE VERY CONSCIOUS OF MAINTAINING SOCIAL DISTANCING, AND WHEN THE

CAMERA'S NOT ON US WE MAKE SURE WE WEAR A MASK, AS YOU HAVE

YOURSELF, SIR.

SO I WILL BE SUPPORTING THIS. TIMES ARE CHANGING AND

IT IS IMPORTANT FOR EVERYONE TO FOLLOW APPROPRIATE SAFETY PROTOCOLS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE, MAKING SURE WE ALL COMPLY. WEAR YOUR MASK, STAY SIX FEET

WAY, WASH YOUR HANDS.

MR. QUART TO EXPLAIN HIS VOTE.

MR. QUART: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. THIS IS AN IMPORTANT PIECE OF LEGISLATION THAT WOULD REPEAL A

POORLY-WORDED NEBULOUS STATUTE THAT PROVIDES OVER-BROAD DISCRETION

FOR LAW ENFORCEMENT. THE -- THE LOITERING LAW HAS HISTORICALLY BEEN

USED FOR NO LEGITIMATE PUBLIC SAFETY PURPOSE, ESPECIALLY IN THE CONTEXT

OF THE USE OF MASKS. WE NEED NOT -- NOT LOOK FURTHER THAN RECENT

HISTORICAL EVENTS FROM THE 2004 REPUBLICAN CONVENTION AND THE ARRESTS

MADE FOR LOITERING THERE. THEN IN 2011 AND THE LOITERING ARRESTS MADE

NYS ASSEMBLY MAY 27, 2020

FOR HONEST, LEGITIMATE PROTESTERS, AS WELL AS IN 2019 WHERE THE LEGAL

AID SOCIETY REACHED A SETTLEMENT WITH THE NYPD AND THE NYPD

CHANGED ITS PATROL GUIDE, OR AGREED TO, BECAUSE OF ITS ABUSE OF THE

LOITERING LAWS.

THIS IS A POSITIVE FIRST STEP IN REMOVING ONE OF THE

PREDICATES TO EXPANSIVE POLICE PRACTICES AND POLICE ENFORCEMENT

THROUGHOUT NEW YORK CITY AND THE ENTIRE STATE, AND FOR THAT REASON I'LL

BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. QUART IN THE

AFFIRMATIVE.

MR. BARRON TO EXPLAIN HIS VOTE.

MR. BARRON: THANK YOU, MR. SPEAKER. JUST

WANTED TO SAY, YOU KNOW, LOITERING WAS SIMILAR TO THE SLAVERY LAWS

AROUND VAGRANCY WHERE IF TWO OR THREE OF US WERE GATHERED AS AFRICAN

PEOPLE, THAT WAS AGAINST THE LAW. TODAY THE SAME THING IS HAPPENING

AROUND THE PANDEMIC, AROUND THE CORONAVIRUS. WHEN TWO OR THREE OF

US DON'T HAVE A MASK, WE GET ATTACKED BY THE POLICE, GET A LEG, A KNEE

IN OUR NECK AND THROWN TO THE FLOOR BECAUSE TWO OR THREE OF US OR FOUR

OF US WERE GATHERED WITHOUT A MASK. TWO THOUSAND HASIDIC JEWS

WERE ABLE TO MARCH WITH A FUNERAL PROCESSION AND THEY GAVE THEM

MASKS. HUNDREDS OF WHITES WERE IN PARKS AND ON BEACHES, AND THE

POLICE GAVE THEM MASKS. BUT WHEN IT COMES TO US, IF MORE THAN TWO OR

THREE OR FOUR OF US ARE GATHERED AND IF WE DON'T HAVE MASKS OR IF WE'RE

PROTESTING, WE GET ATTACKED AND BEATEN. THIS HAS GOT TO STOP. I'M SURE

THIS LAW IS NOT GOING TO END THAT, BUT IT'S A STEP IN THE DIRECTION TO BRING

NYS ASSEMBLY MAY 27, 2020

ATTENTION TO THE DISCRIMINATION, THE RACISM, THAT THE POLICE DEPARTMENT

INFLICTS UPON OUR COMMUNITIES. SO THIS LAW IS IMPORTANT, AND WE EVEN

NEED TO GET STRONGER LAWS SO THAT POLICE OFFICERS GO TO JAIL WHEN THEY

VIOLATE OUR HUMAN RIGHTS TO MOVE ABOUT PEACEFULLY IN OUR

COMMUNITIES. JAIL IS THE ANSWER. NOT RETRAINING, NOT MAKING NEW

LAWS. THEY NEED TO GO TO JAIL WHEN THEY VIOLATE US UNJUSTIFIABLY.

SO I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I ALSO

WANT TO SPEAK IN THE -- IN SUPPORT OF THIS LEGISLATION. I RISE TO EXPLAIN

MY VOTE. I WANT TO THANK THE SPONSOR TO -- FOR BRINGING THIS BILL

FORWARD, AND CLEARLY WE HAVE A HISTORY OF ABUSE AND BIAS IN OUR -- IN

OUR LAW ENFORCEMENT AND THE WAY OUR LAWS ARE IMPACTING COMMUNITIES

OF COLOR ALL ACROSS OUR COUNTRY AND ESPECIALLY IN NEW YORK CITY. NOW

UNFORTUNATELY AN INCIDENT NOW THREE WEEKS AGO IN MY DISTRICT WHERE,

YOU KNOW, AN INDIVIDUAL AROUND A SOCIAL DISTANCING ISSUE BECAME A

REAL PROBLEM FOR, YOU KNOW, OUR COMMUNITY AND FOR COMMUNITIES OF

COLOR AROUND NEW YORK CITY. WE NEED TO ENSURE THAT THE POLICE ARE

HELD ACCOUNTABLE FOR A BIAS, AND WE NEED TO ENSURE THAT PEOPLE WHO

BREAK THE LAW, INCLUDING OFFICERS, NEED TO GO TO LAW -- GO TO JAIL. AND

THAT'S WHAT WE'RE REALLY PUSHING FOR HERE. WE NEED TO DO THINGS TO

PROTECT PEOPLE, NOT TO INCARCERATE PEOPLE.

AND I'M FULLY SUPPORTIVE OF THIS BILL. I WANT TO THANK

NYS ASSEMBLY MAY 27, 2020

THE SPONSOR, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LAVINE.

(PAUSE)

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: YES. SO I WILL BE VOTING IN FAVOR OF

THIS BILL. THE LOITERING LAWS ARE ANACHRONISMS. THEY ARE THROWBACKS

TO A LONG GONE TIME THAT WE ARE HOPEFULLY PAST AT THIS POINT. BUT I DO

WANT TO MENTION ONE THING. I AM A JEW. I AM NOT AN ORTHODOX JEW, I

AM NOT A HASIDIC JEW. BUT I DON'T UNDERSTAND THE REASON FOR REFERENCES

TO BE MADE TO JEWS, WHETHER THEY ARE SECULAR, WHETHER THEY ARE

ORTHODOX OR WHETHER THEY ARE HASIDIC IN TERMS OF THE RATIONALE FOR

DOING AWAY -- REPEALING THIS LAW.

I WILL BE VOTING IN THE AFFIRMATIVE AND I THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER. ALTHOUGH I

-- I CAN SEE WHERE THIS LEGISLATION IS COMING FROM AND I ADMIT THAT IT'S

-- IT'S ACTUALLY HIGHLIGHTING SOME OF THE CONCERNS, ESPECIALLY MOST

RECENTLY. YOU KNOW, LAST WEEK WE HAD A HEARING ON THE IMPACT OF

COVID IN MINORITY COMMUNITIES AND I SPOKE ON THAT AS THE RANKING

MEMBER OF THE CITIES COMMITTEE. I SPECIFICALLY SAID THAT I AGREED THAT

THE NYPD AND ALL LAW ENFORCEMENT IN NEW YORK STATE SHOULD NOT

HAVE BEEN CHARGED WITH ENFORCING SOCIAL DISTANCING AND MASKS AS PER

THE GOVERNOR'S EXECUTIVE ORDER. I THINK THAT THEY SHOULD HAVE BEEN

NYS ASSEMBLY MAY 27, 2020

STRONGLY ENCOURAGING PEOPLE, BUT I UNDERSTAND WHERE EVERYBODY'S

COMING FROM. IT BECAME -- IT -- IT CREATED A WEDGE, A FURTHER WEDGE,

BETWEEN OUR COMMUNITIES AND LAW ENFORCEMENT. BUT THIS LEGISLATION

TO TAKE AWAY THE ENACTING LAWS OF LOITERING, GATHERING WITH MASKS, JUST

THINK ABOUT IT. WE'LL HAVE PEOPLE WITH WHITE SHEETS ARGUING, DEBATING

ON OUR STREETS. IT GOES THE OTHER WAY. THIS IS SOMETHING THAT YOU'RE

GOING TO HAVE PEOPLE MAYBE ROVING AROUND, CREATING CHAOS AND WE

CAN'T IDENTIFY THEM. WE ALL WANT TO MAKE SURE THAT OUR COMMUNITIES

ARE SAFE. BUT THINK ABOUT THAT. YOU'LL HAVE PEOPLE COMMITTING CRIMES,

COVERING THEIR FACE. BUT YOU KNOW WHAT? WHEN YOU STOP, QUESTION

AND FRISK SOMEONE UNDER THE LAW AND YOU SEE THEM MAYBE AFTER THE

PANDEMIC IS DONE AND A POLICE OFFICER IS DOING THEIR JOB AND THEY SEE

SOMEBODY CASING ONE OF OUR SMALL BUSINESSES THAT ARE TRYING TO REGAIN

THEIR ECONOMIC HEALTH AND THEY'RE GOING TO GET LOOKED AT TO POTENTIALLY

BE ROBBED. AND THIS GOES IN ANY NEIGHBORHOOD IN THIS CITY, THIS STATE

OR EVEN THIS NATION. I JUST WANT US TO BE CLEAR THAT LET'S NOT USE THIS

PANDEMIC TO FURTHER PUT FORWARD AN AGENDA THAT'S GOING TO REALLY HAVE

AN IMPACT, A NEGATIVE IMPACT, POTENTIALLY, ON OUR COMMUNITIES. AND

ALTHOUGH I DO KNOW AND I RECOGNIZE AND I ADMIT THERE ARE

SHORTCOMINGS, THOSE VIDEOS THAT I SAW WITH THE IMPACT OF FACIAL -- THE

FACE MASKS --

ACTING SPEAKER AUBRY: SIR.

MR. REILLY: -- MAKING SURE -- THOSE WERE HORRIBLE.

ACTING SPEAKER AUBRY: I UNDERSTAND THAT YOU

HAVE REACHED YOUR TIME.

NYS ASSEMBLY MAY 27, 2020

MR. REILLY: I'M GOING TO BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

NEGATIVE.

MR. GOODELL.

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

CERTAINLY DURING A PANDEMIC WHEN PUBLIC HEALTH IS A PRIORITY, WEARING

A MASK IN ACCORDANCE WITH THE RECOMMENDATIONS OF OUR HEALTH

OFFICIALS IS IMPORTANT. THIS BILL, HOWEVER, PERMANENTLY REPEALS THE

PROVISIONS RELATING TO MASKS. AND FOR THE REASONS MENTIONED BY MR.

REILLY AND OTHERS, THE FOLLOWING REPUBLICANS WILL BE VOTING NO AGAINST

A PERMANENT REPEAL, AND THOSE MEMBERS INCLUDE MR. MONTESANO, MR.

FRIEND, MR. WALCZYK, MR. PALUMBO, MR. TAGUE, MR. BYRNE, MR.

REILLY, MR. LIPETRI, MR. GIGLIO, (UNINTELLIGIBLE) AND MR. GARBARINO.

PLEASE NOTE THEIR OPPOSITION TO THE PERMANENT REPEAL OF THIS PROVISION.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED, SIR. THANK

YOU.

MR. GOODELL: EXCUSE ME, SIR. WE HAVE SOME

ADDITIONAL NOTES.

ACTING SPEAKER AUBRY: CERTAINLY.

MR. GOODELL: MR. RA WILL BE NO. MS.

MALLIOTAKIS, MR. LAWRENCE AND MR. DIPIETRO AS WELL. MR. PALMESANO

WILL ALSO BE NO.

ACTING SPEAKER AUBRY: THANK YOU. SO

NOTED.

NYS ASSEMBLY MAY 27, 2020

MR. BLAKE TO EXPLAIN HIS VOTE.

MR. BLAKE: THANK YOU, MR. SPEAKER AND -- AND

COLLEAGUES. I SHOULD NOT BE AFRAID TO MAKE IT BACK HOME PURELY

BECAUSE OF A MASK. AS A BLACK MAN I AM TERRIFIED EVERY DAY RIGHT NOW

GOING OUTSIDE. AND FOR ANYONE THAT'S WATCHING THESE VIDEOS THAT IS

TRYING TO ARTICULATE WHY ON EARTH IN ANY WAY IT SHOULD BE AGAINST THE

LAW AND BE PENALIZED BECAUSE MULTIPLE PEOPLE ARE GATHERED WITH A

MASK ON, MAY NOT BE UNDERSTANDING THE FEAR THAT WE HAVE. SO I

ABSOLUTELY COMMEND THE SPONSOR. WHAT DAN QUART HAS BEEN DOING HAS

BEEN EXCEPTIONAL. BUT WE HAVE TO BE VERY CLEAR RIGHT NOW THAT FOR ANY

OF US, IT DOESN'T MAKE ANY SENSE WHATSOEVER THAT SOMEONE BEING IN A

SPACE THAT YOU COULD POTENTIALLY BE AT RISK AND POTENTIALLY BE SEEN THAT

YOU'RE AGAINST THE LAW BECAUSE MULTIPLE PEOPLE ARE GATHERED WEARING A

MASK. JUST BECAUSE I HAVE MASK ON TO PROTECT MYSELF SHOULDN'T MEAN

THAT I LOSE MY PROTECTIONS OF MY CIVIL AND HUMAN RIGHTS.

SO I AM PROUDLY VOTING IN THE AFFIRMATIVE FOR THIS

LEGISLATION AND HOPE THAT WE CONTINUE TO MOVE FORWARD WITH IT AS WELL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BLAKE IN THE AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. JUST TO EXPLAIN MY VOTE. I UNDERSTAND THAT, YOU KNOW, SOME

MUNICIPALITIES DECIDE TO ENFORCE THE SOCIAL DISTANCING AND

MASK-WEARING REQUIREMENTS VIA THEIR LAW ENFORCEMENT OFFICERS, BUT I

NYS ASSEMBLY MAY 27, 2020

CAN TELL YOU THAT MOST MUNICIPALITIES DON'T DO THAT. AND IN FACT WHERE I

LIVE, THE POLICE ARE NOT ENFORCING. THEY'RE ENCOURAGING, BUT THEY'RE NOT

ENFORCING. AND ON THE OTHER SIDE OF THAT, I LITERALLY, ON THE WAY TO MY

MOTHER'S THE OTHER DAY, I WANT TO SAY I SAW ABOUT SIX PEOPLE LOITERING,

IF YOU WILL, OR CONGREGATING, AND THEY DIDN'T HAVE ON MASKS. THAT

ACTUALLY HURT MY FEELINGS BECAUSE I KNOW THAT WE'RE NOT GOING TO BE

ABLE TO REALLY PULL ALL THIS COVID UNDER CONTROL UNTIL EVERYBODY TAKES

IT SERIOUS. THAT YOU REALLY COULD BE THE CARRIER. YOU COULD BE

ASYMPTOMATIC AND NOT EVEN HAVE SYMPTOMS. SO YOU DON'T KNOW WHO

IT IS THAT YOU'RE STANDING AROUND LOITERING, ENJOYING YOURSELF WHILE IT

WAS 95 DEGREES YESTERDAY. YOU COULD BE LITERALLY COLLECTING SOMETHING

THAT YOU TAKE HOME AND HARMS YOUR FAMILY. AND SO I THINK IT'S CRITICAL

THAT THIS ADVICE HAS BEEN GIVEN TO ALL OF US TO WEAR MASKS. I'M HOPING

THAT PEOPLE WILL CONTINUE TO DO IT AND DO IT MORE. AND I'M GLAD THAT

WE'RE PASSING SOME LEGISLATION HERE THAT DOESN'T ALLOW LAW ENFORCEMENT

TO CRIMINALIZE YOU BECAUSE YOU DIDN'T HAVE ON A MASK. MIND YOU,

WHEN I SAW PEOPLE WITHOUT A MASK IT HURT MY FEELINGS. BUT I DON'T

CONSIDER THEM TO BE CRIMINALS. I THINK THEY SHOULD BE ENCOURAGED AND

MOTIVATED TO UNDERSTAND THAT THIS IS ABOUT ALL OF US AND EVERYBODY

SHOULD BE PAYING ATTENTION AND WEARING MASKS.

SO WITH THAT, IT IS MY PLEASURE TO VOTE IN FAVOR OF THIS

LEGISLATION AND I THANK THE SPONSOR FOR PUTTING IT FORWARD.

ACTING SPEAKER AUBRY: MRS. CRYSTAL

PEOPLES-STOKES IN THE AFFIRMATIVE.

MR. GOODELL.

NYS ASSEMBLY MAY 27, 2020

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

ASSEMBLYMEMBERS I ANNOUNCED EARLIER, PLEASE RECORD THE FOLLOWING

MEMBERS IN THE NEGATIVE: MR. BYRNES [SIC], MYSELF, MR. FITZPATRICK,

MR. SMITH, MR. MIKULIN, MR. PALMESANO, MR. MCDONOUGH, MR. STEC,

MR. MANKTELOW, MS. MILLER, MR. HAWLEY AND MR. DESTEFANO. MR.

BRABENEC AS WELL.

ACTING SPEAKER AUBRY: SO NOTED.

MS. BICHOTTE TO EXPLAIN HER VOTE.

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

ALLOWING ME TO EXPLAIN MY VOTE. I -- I CERTAINLY WANT TO THANK MY

COLLEAGUE FOR INTRODUCING THIS BILL. YOU KNOW, WE ALL KNOW THAT WE'VE

BEEN WORKING HARD TO BREAK DOWN THE SYSTEMATIC RACISM IN OUR

COUNTRY. AND WE HAVE SEEN (UNINTELLIGIBLE) OVER AND OVER IN OUR

COMMUNITIES OF COLOR FOR NO REASON OTHER THAN OUR SKIN COLOR AND OUR

SOCIO-ECONOMIC STATUS, ESPECIALLY DURING THIS PANDEMIC. THIS BILL RIGHT

HERE IS TO REPEAL THE PROVISION OF WEARING A MASK OR OF POSSESSING

(UNINTELLIGIBLE) PARAPHERNALIA IN PUBLIC. NOW WHY IS THAT? BECAUSE

WE ARE IN A PANDEMIC. COVID-19. IT IS REQUIRED FOR THE HEALTH CRISIS

THAT WE'RE FACING. THIS IS ALSO -- THIS HEALTH CRISIS IS ALSO IMPACTING OUR

COMMUNITIES THE HARDEST, COMMUNITIES OF COLOR. SO THIS WAS NOT ONLY

MANDATED BY THE GOVERNOR, BUT CDC AND SO MANY OTHER HEALTH

INSTITUTIONS. SO WE SHOULD NOT BE CRIMINALIZED FOR WEARING A MASK

WHEN WE'RE TOLD TO WEAR A MASK.

MR. SPEAKER, AGAIN, I'M JUST REALLY PROUD TO -- TO BE IN

THE AFFIRMATIVE AND I WANT TO THANK MY COLLEAGUES. I WILL -- I WILL VOTE

NYS ASSEMBLY MAY 27, 2020

IN THE AFFIRMATIVE ON THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

ARE THERE -- ARE THERE ANY OTHER VOTES? ANNOUNCE THE

RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10447-A, RULES

REPORT NO. 42, COMMITTEE ON RULES (JOYNER, OTIS, BICHOTTE,

DENDEKKER). AN ACT IN RELATION TO REQUIRING THAT COVID-19 CONTACT

TRACERS BE REPRESENTATIVE OF THE CULTURAL AND LINGUISTIC DIVERSITY OF THE

COMMUNITIES IN WHICH THEY SERVE TO THE GREATEST EXTENT POSSIBLE; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JOYNER, 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 READ

-- RECORD THE VOTE ON ASSEMBLY BILL NO. A10447-A. THIS IS A FAST ROLL

CALL.

(THE CLERK RECORDED THE VOTE.)

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: AM I -- CAN YOU HEAR ME? MR.

SPEAKER, THANK YOU FOR ALLOWING ME TO SPEAK AND EXPLAIN MY VOTE. I

NYS ASSEMBLY MAY 27, 2020

APPRECIATE THE INTENT OF THIS BILL. I THINK IT'S GREAT THAT WE SHOULD HAVE

THE CONTACT TRACERS THAT CAN CONNECT WITH THE COMMUNITIES THAT THEY ARE

SERVING. THE ONLY RESERVATION I HAVE IS THAT NEW YORK CITY IS STILL

WAITING FOR THAT METRIC TO BE MET SO THAT WE CAN ENTER PHASE 1. AS I'VE

NOTED OVER THE PAST WEEK, WE HAVE, JUST ABOVE THE BRONX AND JUST TO

THE EAST -- EAST OF QUEENS ARE REOPENING. SO, I'M HOPING THAT WE DON'T

ALLOW WAITING TO HIRE CONTRACT -- CONTACT TRACERS AT THE PREVENTION OF

GETTING US BACK INTO PHASE 1 OF REOPENING.

SO, I WILL BE VOTING IN THE AFFIRMATIVE BECAUSE I THINK

THIS IS -- IT IS DEFINITELY SOMETHING THAT'S VERY IMPORTANT BECAUSE WE

WANT TO BE ABLE TO CONNECT WITH THE PEOPLE THAT WE ARE TRYING TO HELP

AND WE WANT TO SPEAK THEIR LANGUAGE AND WE WANT TO MAKE SURE THAT

WE ARE AWARE OF THE SURROUNDINGS THAT IMPACT THEIR COMMUNITIES. SO, I

APPLAUD THE SPONSOR ON THIS, BUT I JUST WANT TO MAKE SURE THAT WE DON'T

MISS OUT ON THE OPPORTUNITY TO HIT PHASE 1 REOPENING. THANK YOU.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

AFFIRMATIVE.

MR. CRESPO TO EXPLAIN HIS VOTE.

MR. CRESPO: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. I, TOO, WANT TO COMMEND THE SPONSOR OF THIS BILL. THIS -- THIS

ENTIRE PACKAGE TODAY AND TOMORROW THAT WE WILL BE DEALING WITH IS --

ARE -- ARE CRUCIAL TO RESPOND TO THE MANY NEEDS OF OUR COMMUNITIES,

BUT AS WE TALK ABOUT REOPENING, ALL OF US WANT TO REOPEN AS QUICKLY AS

POSSIBLE. BUT WE HAVE ALREADY SEEN THE IMPACTS AND THE DISPARITIES

THAT HAVE BEEN EXPOSED BECAUSE OF THIS PANDEMIC AND WHO'S BEEN HURT

NYS ASSEMBLY MAY 27, 2020

THE MOST AND COMMUNITIES OF COLOR, PARTICULARLY LATINO COMMUNITIES,

HAVE BEEN THE MOST IMPACTED. AND SO, WE CAN'T CONTINUE TO MAKE THE

SAME MISTAKES THAT LED US DOWN A PATH THAT PUT OUR COMMUNITY BEHIND

TO BEGIN WITH. AND -- AND IT IS CRUCIALLY IMPORTANT THAT THE CONTACT

TRACERS THAT ARE GOING TO DO THIS WORK MOVING FORWARD UNDERSTAND THE

LANGUAGE, UNDERSTAND THE CULTURE, CAN RELATE TO THOSE COMMUNITIES. I

ENCOURAGE ALL MUNICIPALITIES TO ALSO RELY ON THE EXPERTISE OF

COMMUNITY-BASED ORGANIZATIONS THAT CAN PROVIDE THAT -- THAT

ASSISTANCE, THAT CAN PROVIDE THAT STAFF, THAT HAVE THAT CULTURAL

UNDERSTANDING AND THE LANGUAGE UNDERSTANDING TO BE ABLE TO DO THIS

WORK EFFECTIVELY. BUT WE CANNOT PUT -- CONTINUE TO PUT OUR

COMMUNITIES BEHIND AND IN PERIL BECAUSE WE FAIL TO RECOGNIZE THE

IMPORTANCE OF WHO DOES THE WORK, WHO DOES THE OUTREACH AND HOW --

HOW EFFICIENT THAT IS AS WE CONSIDER REOPENING.

SO, THIS BILL IS -- IS VERY IMPORTANT AND I, AGAIN, WANT

TO THANK ALL OF THOSE WHO HAVE BEEN AT THE FOREFRONT OF THIS FIGHT, BUT

WE SHOULD DO SO IN A RESPONSIBLE WAY TOWARDS OUR COMMUNITIES. I

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. CRESPO IN THE

AFFIRMATIVE.

MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER. I WISH TO

EXPLAIN MY VOTE BY SAYING THAT -- I WANT TO CONGRATULATE THE SPONSOR.

WE HAVE SEEN THE PRESSURES TO REOPEN ACROSS THE COUNTRY, AND WE HAVE

TO DO IT SMARTLY AND WISELY. AND THE MOST IMPORTANT THING IS TO ENSURE

NYS ASSEMBLY MAY 27, 2020

THAT COMMUNITIES THAT HAVE BEEN -- SUFFERED THE GREATEST IMPACT HAVE

THE ABILITY TO HAVE CONTACT TRACING WITHIN THE COMMUNITY BY PEOPLE

FROM THE COMMUNITY. IT IS THE MOST EFFECTIVE WAY TO ENSURE THAT WE, IN

FACT, MEET THE METRICS AND HAVE THE APPROPRIATE INFORMATION THAT WILL

KEEP ALL OF US SAFE, BUT ESPECIALLY THOSE COMMUNITIES THAT HAVE BEEN

DISPROPORTIONATELY IMPACTED. SO, AGAIN, I CONGRATULATE THE SPONSOR AND

I PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MS. BICHOTTE.

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

ALLOWING ME TO SPEAK ON THIS BILL. I AM ACTUALLY VERY PROUD TO SUPPORT

THIS BILL SPONSORED BY MY COLLEAGUE WHICH WOULD REQUIRE CONTACT

TRACERS TO REPRESENT THE CULTURAL AND LINGUISTIC DIVERSITY OF THE

COMMUNITIES WHICH THEY SERVE.

IN NEW YORK CITY, WE HAVE HIRED MORE 1,700 CONTACT

TRACERS ALREADY. THESE TRACERS WILL WORK AS INVESTIGATORS AND MONITORS.

INVESTIGATORS WILL CALL PATIENTS WHO HAVE TESTED POSITIVE AND ASK ABOUT

THEIR CONTACTS, WHILE MONITORS FOLLOW UP WITH THE CONTACTS. MY DISTRICT

IS A VERY DIVERSE COMMUNITY, IT HAS A LARGE IMMIGRANT COMMUNITY WITH

MANY DIFFERENT LANGUAGES. IT INCLUDES OVER 100,000 HAITIANS, MANY

WHO SPEAK HAITIAN CREOLE; WE ALSO HAVE A LARGE JEWISH COMMUNITY,

MANY WHO SPEAK YIDDISH, AND WE ALSO HAVE A LARGE PAKISTANI

COMMUNITY, MANY WHO SPEAK URDU.

IT IS NECESSARY THAT OUR CONTACT TRACERS CAN

NYS ASSEMBLY MAY 27, 2020

COMMUNICATE WITH RESIDENTS IN THE HARDEST HIT AREAS. BROOKLYN HAS THE

HIGHEST COVID-19 DEATH RATE BY ZIP CODE OF ANY BOROUGH, AND MANY

OF OUR RESIDENTS HAVE CONTACTED -- CONTRACTED COVID-19 AS A DIRECT

RESULT OF THEIR EMPLOYMENT IN ESSENTIAL FIELDS. CONTACT TRACERS MUST

HAVE THE TRUST OF THE PEOPLE THEY ARE INTERVIEWING IN ORDER FOR TRACING

EFFORTS TO WORK EFFECTIVELY. FAMILIARITY WITH LANGUAGE CULTURE IS

NECESSARY TO THAT EFFORT AND NECESSARY TO ERADICATING OF THE CORONAVIRUS

FROM OUR COMMUNITIES. THIS BILL CREATES A MEANS TO ENSURE THAT

CONTACT TRACING WORKS WITH EVERYONE, THUS PROTECTING ALL NEW YORKERS

FROM THE SPREAD OF COVID-19. I WILL VOTE IN THE AFFIRMATIVE, MR.

SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MS. SIMON.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR, AS WELL, FOR THIS VERY IMPORTANT BILL. AND I ALSO

WANT TO POINT OUT THAT PEOPLE WHO ARE DEAF ALSO ARE A LINGUISTIC

MINORITY. AND IT IS VERY IMPORTANT THAT THIS BILL, WITH THE WAY I READ IT,

EXTENDS TO PEOPLE WHO ARE DEAF, AS WELL. THEY ARE SUBJECT TO NOT

HAVING THE -- THE SAME INFORMATION AND THE ABILITY FOR CONTRACT [SIC]

TRACERS TO COMMUNICATE WITH THEM IS CRITICALLY IMPORTANT. AND I JUST

WANTED TO SAY THAT SO THAT IT'S ON THE RECORD THAT THAT IS ALSO A

COMMUNITY THAT IS BOTH A DISABILITY COMMUNITY, BUT ALSO A LINGUISTIC

MINORITY COMMUNITY THAT I'M VERY PLEASED THAT THIS WILL PROTECT, AS

WELL. THANK YOU VERY MUCH AND I WILL VOTE IN THE AFFIRMATIVE.

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. BARRON.

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

I JUST WANTED TO, ONE, CAUTION US ABOUT THIS -- THIS TRACER INFORMATION.

WE NEED TO REALLY MONITOR WHERE THE INFORMATION GOES, PARTICULARLY IN

OUR COMMUNITIES, ARE VERY MISTRUSTFUL OF PEOPLE TRYING TO GET

INFORMATION FROM THEM. SO THAT'S NUMBER ONE. NUMBER TWO, YOU CAN'T

TELL US AT THE BEGINNING OF THIS PANDEMIC THAT 34 PERCENT OF THE DEATHS

IS IN THE BLACK -- IS IN LATINO, LATINA COMMUNITY; 34 PERCENT. AND I

BELIEVE THEY'RE 26 PERCENT OF THE POPULATION. AND YOU CAN'T TELL US IN

THE BEGINNING OF THIS, 28 PERCENT IS IN THE BLACK COMMUNITY, WE'RE 22

PERCENT OF THE POPULATION. IT'S THE ONLY TWO GROUPS THAT HAD SUCH A

DISPROPORTIONATE AMOUNT OF DEATH.

SO, FOR THE LATINO COMMUNITY, LATINA COMMUNITY,

YES, WE SHOULD -- WE SHOULD HAVE BEEN DOING IT WITHOUT THOUGHT. BUT

JUST BE VERY, VERY CAUTIOUS WHERE THE INFORMATION GOES, WHAT THEY DO

WITH IT. I'M JUST CONCERNED ABOUT THAT AS WE GO ABOUT FOR OUR SAFETY

MEASURES, AS WELL, FOR TESTING AND TRACING, BUT I SUPPORT THIS BILL 100

PERCENT.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MR. PICHARDO.

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

ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO TAKE THIS OPPORTUNITY TO

NYS ASSEMBLY MAY 27, 2020

CONGRATULATE AND THANK THE SPONSOR OF THIS PIECE OF LEGISLATION. I THINK

IT IS IMPORTANT THAT WHEN GOVERNMENT CONTINUES TO WORK THROUGH THIS --

THIS VIRUS AND THIS PANDEMIC, IT HAS TO BE COGNIZANT AND AWARE OF THE

COMMUNITIES THAT THEY NEED TO INTERACT WITH AND TOUCH WITH. MY

COLLEAGUE FROM EARLIER MENTIONED THE DIVERSITY IN -- IN -- IN DISTRICTS

AROUND THE -- THE CITY. IN THE BRONX, I REPRESENT A DISTRICT, AS WELL,

MAJORITY/MINORITY COMMUNITY, MANY DOMINICANS, PUERTO RICANS, AND I

HAVE OUR BROTHERS AND SISTERS OF THE MUSLIM FAITH, MOSTLY FROM WEST

AFRICA WHO ARE MOSTLY ARABIC AND FRENCH -- FRENCH SPEAKING. SO,

ANYTHING THAT WE DO AS A GOVERNMENT TO HELP DEAL WITH THIS PANDEMIC

HAS TO BE SOCIALLY CONSCIOUS, BUT ALSO HAS TO BE CULTURALLY AWARE OF THE

COMMUNITIES THAT IT'S TRYING TO INTERACT WITH AND GET THE INFORMATION

THAT WE NEED TO MAKE SURE THAT WE MOVE FORWARD.

SO, AGAIN, I WANT TO THANK THE SPONSOR FOR PUTTING THIS

LEGISLATION FORWARD, AND I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. PICHARDO IN THE

IN THE AFFIRMATIVE.

MR. KIM.

MR. KIM: THANK YOU, MR. SPEAKER. I, TOO, JOIN MY

COLLEAGUES IN SUPPORTING THIS PIECE OF LEGISLATION, BUT I HAVE ALSO SOME

RESERVATIONS ABOUT MAKING SURE THAT WE DO OUR BEST TO PROTECT

INDIVIDUAL PRIVACY AS WE ENGAGE IN CONTACT TRACING. I THINK WE DID

MISS AN OPPORTUNITY HERE TO OFFER A -- A GOLD STANDARD OF WHAT A CONTACT

-- TESTING AND CONTACT TRACING PROGRAM COULD BE, IN TERMS OF REALLY

NYS ASSEMBLY MAY 27, 2020

PROTECTING PEOPLE'S IDENTITIES DURING AND AFTER THIS PANDEMIC.

WE ARE AS STRONG AS THE MOST VULNERABLE IN OUR

COMMUNITY. IF OUR, YOU KNOW, UNDOCUMENTED, IF OUR UNBANKED

COMMUNITY MEMBERS DO NOT COME OUT OF THE SHADOWS TO PARTICIPATE IN,

YOU KNOW, IN THE TESTING AND TRACING PROGRAM, WE WILL CONTINUE TO

SUFFER AND WE CAN -- WE NEED TO DO A BETTER JOB AT FIGURING OUT HOW DO

WE LEVERAGE THE BEST TECHNOLOGIST -- TECHNOLOGIES THAT ARE OUT THERE TO

MAKE SURE THAT WE MAKE EVERYONE INVOLVED FEEL COMFORTABLE THAT THEIR

PRIVACIES ARE BEING KEPT SAFE. THANK YOU, MR. SPEAKER, I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. KIM IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR. AS IS

OFTEN THE CASE, WE'VE BENEFITTED FROM THE COMMENTS OF OUR COLLEAGUES

WHO HAVE POINTED OUT MANY GREAT REASONS TO SUPPORT THIS, AND ALSO

SOME CONCERNS THAT OUR FIRST AND FOREMOST OBJECTIVE OUGHT TO BE TO

MAXIMIZE THE CONTACT TRACERS THAT ARE AVAILABLE.

REFLECTING SOME OF THOSE MIXED CONCERNS, BOTH THE

DESIRE TO BE SENSITIVE, BUT ALSO THE DESIRE TO MOVE FORWARD AS

EXPEDITIOUSLY AS POSSIBLE, THE FOLLOWING REPUBLICAN MEMBERS WOULD

BE VOTING NO ON THIS BILL: MR. LALOR, MR. FRIEND, MS. MALLIOTAKIS, MR.

DIPIETRO, MR. MONTESANO, MR. LAWRENCE AND MR. LIPETRI. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

NYS ASSEMBLY MAY 27, 2020

YOU, SIR.

MR. MOSLEY TO EXPLAIN HIS VOTE.

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

APOLOGIZE FOR THE LAST RESPONSE TO THIS BILL. OBVIOUSLY, I

WHOLEHEARTEDLY SUPPORT THE PIECE OF LEGISLATION, BUT LIKE A LOT OF

SENSITIVE INFORMATION THAT'S GOING TO BE COLLECTED AND DISSEMINATED,

I'M -- I'M -- I'M QUITE CONCERNED, AND WE HAD SOME CONCERNS PRIOR TO

THIS PANDEMIC IN TERMS OF INTELLECTUAL INFORMATION AND PROPERTIES THAT

WILL AIR IN THE PUBLIC DOMAIN AND HOW THAT COULD EXPOSE INDIVIDUALS TO

OTHER ISSUES BESIDES WHAT WE'RE GOING THROUGH RIGHT NOW WITH THIS

HEALTH CARE -- WITH THIS HEALTH PANDEMIC.

SO, I WHOLEHEARTEDLY SUPPORT THIS PIECE OF LEGISLATION,

BUT I -- I DO SO WITH SOMEWHAT TREPIDATION IN LIEU OF THE FACT THAT WE'RE

GOING TO HAVE A LOT OF INFORMATION AND DATA THAT COULD POTENTIALLY

INCREASE THE LEVEL OF SURVEILLANCE, THE LEVEL OF OVERSIGHT THAT

UNBEKNOWNST TO MANY OF US, AS WELL AS MAYBE IMPEDING UPON OUR

EXPECTATIONS OF PRIVACY LAWS THAT WE SO ENJOY TO THIS VERY DAY. SO, I

VOTE IN THE AFFIRMATIVE, BUT WITH GREAT HESITATION. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. MOSLEY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10465, RULES REPORT

NYS ASSEMBLY MAY 27, 2020

NO. 43, COMMITTEE ON RULES (RYAN, PAULIN, OTIS, BICHOTTE,

DENDEKKER). AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO STATE

AID FOR LIBRARY CONSTRUCTION; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

RYAN, 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 ON ASSEMBLY BILL NO. A10465. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE PHONE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. RYAN TO EXPLAIN HIS VOTE.

MR. RYAN: THANK YOU VERY MUCH, MR. SPEAKER;

GOOD TO SEE YOU TODAY. THE NEW YORK STATE LIBRARY AID CONSTRUCTION

PROGRAM GIVES MONEY TO LIBRARIES TO DO REPAIRS. IT'S A PRETTY TIGHT

PROGRAM WHERE IT'S GIVEN THREE YEARS, LIBRARIES ARE GIVEN THREE YEARS TO

COMPLETE THEIR PROJECTS, SO PROJECTS THAT WERE AWARDED IN 2017 AND

2018, THEY WERE SUPPOSED TO BE COMPLETED BY JUNE 30TH OF -- OF THIS

YEAR. BUT BECAUSE OF THE -- THE COVID SHUT -- SHUTDOWN, THERE'S BEEN

MULTIPLE DELAYS IN CONSTRUCTION, SO PROJECTS ALL AROUND THE STATE HAVE

BEEN DELAYED, FROM LONG ISLAND TO THE HUDSON VALLEY TO -- TO WESTERN

NEW YORK.

NYS ASSEMBLY MAY 27, 2020

SO, THIS BILL WOULD DO A STATUTORY EXTENSION TO GIVE

ANY LIBRARY CONSTRUCTION AID FUND THAT WAS GIVEN FROM 2017 TO 2020, IT

WILL GIVE THEM AN EXTRA 12 MONTHS TO COMPLETE THEIR PROJECTS, SO IT WILL

ADD ON 12 MONTHS TO THE STATUTORY DUE DATE. IF THEY NEED THAT TIME,

THEY WILL BE ABLE TO -- TO USE THAT TIME WITHOUT RISK OF LOSING THE

MONEY. SO, IT'S A -- IT'S A COMMONSENSE BILL, MR. SPEAKER, THAT WILL

ALLOW US TO CONTINUE TO INVEST IN OUR LIBRARIES ALL AROUND NEW YORK

STATE. AND I THANK MARIA VOLPE FROM THE PROGRAM AND COUNSEL FOR

HELP WITH THIS BILL, AND THE NEW YORK LIBRARIES ASSOCIATION THAT

REACHED OUT TO LIBRARIES ALL ACROSS THE STATE TO ASCERTAIN THE NEEDS AND

HOW MUCH TIME THEY NEEDED ON THESE PROJECTS.

SO, THANK YOU, MR. SPEAKER; I WITHDRAW MY REQUEST

AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. RYAN IN THE

AFFIRMATIVE.

MR. BENEDETTO TO EXPLAIN HIS VOTE.

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

WANT TO COMPLIMENT MY COLLEAGUE ON THIS PARTICULAR BILL. IT SHOWS IN

THE STATE OF NEW YORK WE VALUE, EVEN IN THE MIDDLE OF THIS VIRUS AND

THE THREAT TO OUR SOCIETY, THAT OUR LIBRARIES WILL CONTINUE TO GROW AND

OUR PEOPLE WHO RELY ON THEM WILL CONTINUE TO BENEFIT. SO, ONCE AGAIN,

I COMPLIMENT MY COLLEAGUE AND I HAPPILY VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. BENEDETTO IN THE

AFFIRMATIVE.

NYS ASSEMBLY MAY 27, 2020

MS. GRIFFIN TO EXPLAIN HER VOTE.

MS. GRIFFIN: HI, THANK YOU FOR THE OPPORTUNITY TO

EXPLAIN MY VOTE, MR. SPEAKER. I JUST WANTED TO SAY HOW IMPORTANT IT IS

TO SUPPORT OUR LIBRARIES AND TO PROVIDE THIS EXTENSION, BECAUSE IT'S VERY

MUCH NEEDED FOR THEIR PROJECTS. SO, CONGRATULATIONS TO

ASSEMBLYMEMBER SEAN RYAN, BECAUSE I THINK THIS IS A VERY IMPORTANT

BILL, AND I AM HAPPY TO VOTE IN THE AFFIRMATIVE. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE.

MR. SMULLEN TO EXPLAIN HIS VOTE.

MR. SMULLEN: THANK YOU, MR. SPEAKER. I REALLY

APPRECIATE THE OPPORTUNITY TO BE PART OF PASSING THIS IMPORTANT

LEGISLATION TODAY. I WANT TO THANK CHAIRMAN RYAN AND ALL THE OTHER

MEMBERS OF THE COMMITTEE.

AS THE RANKING MEMBER OF THE COMMITTEE, I REALIZE

HOW IMPORTANT IT IS THAT WE KEEP OUR LIBRARIES ON TRACK DESPITE THE

CRISIS THAT WE'RE FACED WITH HERE IN NEW YORK. WHAT WE'VE GOT HERE IS

A SITUATION WHERE WE NEED TO KEEP SURE THAT OUR CONSTRUCTION AID KEEPS

FLOWING, EVEN THOUGH NON-ESSENTIAL CONSTRUCTION MAY HAVE STOPPED.

AND WE WOULD HATE FOR OUR LIBRARIES TO LOSE OUT ON THE OPPORTUNITY TO

GO AHEAD WITH THEIR CONSTRUCTION PROJECTS BECAUSE OF THIS CRISIS. SO,

THIS IS A VERY IMPORTANT EXTENSION WILL DO THE TRICK, AND IT'S -- IT'S VERY

IMPORTANT THAT WE ARE HERE TODAY TO DO SO, AND I THANK ALL OF MY

COLLEAGUES AND ALL THE MEMBERS OF THE ASSEMBLY FOR SUPPORTING SUCH

LEGISLATION. THANK YOU VERY MUCH, MR. SPEAKER.

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: THANK YOU, SIR; GOOD

TO SEE YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10492, RULES REPORT

NO. 44, COMMITTEE ON RULES (THIELE, MCMAHON, BUTTENSCHON, OTIS,

ORTIZ, JACOBSON). AN ACT TO AMEND THE LOCAL FINANCE LAW, IN RELATION

TO BOND ANTICIPATION NOTES ISSUED IN CALENDAR YEARS 2015 THROUGH 2021;

TO AUTHORIZE THE EXPENDITURE AND TEMPORARY TRANSFER OF RESERVE FUNDS

FOR EXPENSES RELATED TO COVID-19; AND TO AUTHORIZE THE EXTENSION OF

REPAYMENT OF INTER-FUND ADVANCES MADE FOR EXPENSES RELATED TO

COVID-19.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL --

ACTING SPEAKER AUBRY: IT IS A SUB. ALL RIGHT,

IT'S A SUB. ON A MOTION BY MR. THIELE, 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 ON BILL NO. A10492. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE PHONE NUMBERS PREVIOUSLY

PROVIDED.

THE SENATE SUB IS WITHDRAWN. WE WILL NOW -- LET'S GO

NYS ASSEMBLY MAY 27, 2020

BACK AND READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON BILL NO. A10492.

THIS IS A FAST ROLL CALL AND AS BEFORE, ANY MEMBER WHO

WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WOERNER TO EXPLAIN HER VOTE.

MS. WOERNER: THANK YOU, MR. SPEAKER. I -- I

WANT TO COMMEND THE SPEAKER -- THE SPONSOR ON THIS IMPORTANT PIECE

OF LEGISLATION. SO MANY OF OUR MUNICIPALITIES IN -- IN THE LAST COUPLE OF

MONTHS HAVE SEEN THEIR SALES TAX REVENUE PLUMMET, THEIR -- THEIR

FINANCIAL FUTURE VERY UNCERTAIN, AND IT'S PUTTING THE ABILITY TO DELIVER

ESSENTIAL SERVICES AT RISK. THIS BILL, WHICH WILL PROVIDE A MODEST

AMOUNT OF RELIEF FOR OUR MUNICIPALITIES, IS REALLY CRITICAL. I WISH THERE

WERE MORE TO IT. I WISH WE WERE ABLE TO COVER LONG-TERM BORROWING, AS

WELL AS SHORT-TERM BANS, BUT THIS IS DEFINITELY A STEP IN THE RIGHT

DIRECTION AND I THANK THE SPONSOR FOR HIS LEADERSHIP ON THIS. SO WITH

THAT, I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MS. WALLACE.

MS. WALLACE: THANK YOU, MR. SPEAKER. I WANT TO

THANK THE SPONSOR FOR THIS IMPORTANT LEGISLATION. THIS BILL WILL ALLOW

NYS ASSEMBLY MAY 27, 2020

LOCAL GOVERNMENTS ACCESS TO RESERVE FUNDS, GIVING THEM THE FLEXIBILITY

NEEDED TO MAINTAIN ESSENTIAL SERVICES WITHOUT RAISING TAXES. LAW

ENFORCEMENT, FIRE DEPARTMENTS, EMERGENCY SERVICES, ALL OF THEM RELY

UPON LOCAL GOVERNMENT FUNDING TO SUPPORT THE SERVICES THAT WE RELY

UPON. MUNICIPALITIES ACROSS THE STATE HAVE SEEN DRAMATIC LOSS IN --

DRAMATIC REDUCTIONS IN SALES TAX AND OTHER REVENUE THAT THEY NORMALLY

RELY UPON TO FUND THESE ESSENTIAL SERVICES. SO, THIS BILL WILL GIVE LOCAL

GOVERNMENTS THE FLEXIBILITY AND THE OPPORTUNITY TO ACCESS BOND FUNDING

WHILE CONTINUING TO PROVIDE THE ESSENTIAL SERVICES THAT WE'VE COME TO

RELY UPON. SO, AGAIN, I WANT TO THANK THE SPONSOR AND I WILL VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10493, RULES REPORT

NO. 45, COMMITTEE ON RULES (LENTOL, OTIS, BICHOTTE, ORTIZ). AN ACT TO

AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO CONDUCTING HEARINGS

ON A FELONY COMPLAINT DURING A STATE DISASTER EMERGENCY; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10498-A, RULES

NYS ASSEMBLY MAY 27, 2020

REPORT NO. 46, COMMITTEE ON RULES (PAULIN, OTIS, L. ROSENTHAL,

ORTIZ). AN ACT TO AMEND THE BUSINESS CORPORATION LAW, THE

NOT-FOR-PROFIT CORPORATION LAW, AND THE RELIGIOUS CORPORATIONS LAW,

IN RELATION TO PROVIDING FOR THE REMOTE CONDUCT OF CERTAIN PRACTICES AND

PROCEDURES RELATING TO BOARD MEETINGS; AND PROVIDING FOR THE REPEAL OF

SUCH PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY BILL NO. A10498. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, SIR. I

APPRECIATE THIS LEGISLATION, WHICH MAKES IT MUCH EASIER FOR BUSINESS

CORPORATIONS TO HOLD MEETINGS ELECTRONICALLY. THE LANGUAGE OF THE

STATUTE DOES PROVIDE VARIOUS PROTECTIONS FOR THOSE WHO ARE

PARTICIPATING, INCLUDING THE FACT THAT THE BOARD OF DIRECTORS FOR A

CORPORATION HAS TO IMPLEMENT REASONABLE MEASURES TO VERIFY THAT EACH

PERSON IS PARTICIPATING, THAT THEY HAVE AN OPPORTUNITY TO OBJECT TO VOTE

OR ASK QUESTIONS, AND THAT A RECORD IS MAINTAINED OF THE PROCEEDINGS.

NYS ASSEMBLY MAY 27, 2020

AND WHAT I PARTICULARLY APPRECIATE IS THE FACT THAT THROUGH SOME

INCREDIBLE WORK BY OUR TECHNICAL STAFF, WE ARE ACTUALLY COMPLYING WITH

THE SAME STANDARDS THAT WE EXPECT OUR CORPORATIONS TO COMPLY WITH,

AND IT'S ALWAYS ENCOURAGING WHEN WE LEAD BY EXAMPLE.

SO, I WILL BE SUPPORTING IT AND ENCOURAGE MY

COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10508-A, RULES

REPORT NO. 47, COMMITTEE ON RULES (PAULIN, DINOWITZ, L. ROSENTHAL,

ORTIZ, LUPARDO, DENDEKKER). AN ACT TO AMEND THE EDUCATION LAW, IN

RELATION TO AUTHORIZING LICENSED PHARMACISTS TO ADMINISTER AN APPROVED

VACCINE FOR COVID-19; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10509, RULES REPORT

NO. 48, COMMITTEE ON RULES (L. ROSENTHAL, BUTTENSCHON, OTIS,

BICHOTTE, ORTIZ, DENDEKKER, GRIFFIN, BLAKE, MCDONALD, REYES). AN

ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO INCLUDING THE

COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AS A MEMBER OF THE

NYS ASSEMBLY MAY 27, 2020

DISASTER PREPAREDNESS COMMISSION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECALL

-- RECORD THE VOTE ON ASSEMBLY BILL NO. A10509. THIS IS A FAST ROLL

CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I WILL BE VOTING IN

FAVOR OF THIS LEGISLATION AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.

I THINK IT'S ONLY APPROPRIATE THAT WE INCLUDE THE COMMISSIONER OF

ADDICTION SERVICES ON THE DISASTER PREPAREDNESS COMMISSION,

PARTICULARLY SINCE DURING THIS RECENT PANDEMIC IT WAS DETERMINED BY

THE GOVERNOR THAT LIQUOR STORES ARE ESSENTIAL, EVEN THOUGH MANY OTHER

STORES ARE NOT, SO, IT'S ONLY APPROPRIATE THAT WE HAVE SOMEONE FROM

ADDICTIVE SERVICES ON THAT DISASTER PREPAREDNESS COMMISSION. FOR

THAT REASON, I WILL BE VOTING IN FAVOR AND ENCOURAGE MY COLLEAGUES TO

DO THE SAME.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ASSEMBLYMEMBER ROSENTHAL TO EXPLAIN HER VOTE.

NYS ASSEMBLY MAY 27, 2020

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. WHEN THE GOVERNOR ESTABLISHED THE COMMISSION ON

DISASTER PREPAREDNESS, HE INCLUDED MANY OF THE COMMISSIONERS OF THE

AGENCIES WITHIN THE STATE, I THINK 36 TO BE PRECISE; HOWEVER, A GLARING

ERROR WAS OASAS, THE AGENCY TASKED WITH DEALING WITH THE USE AND

OVERUSE AND OVERDOSE OF ALCOHOL AND OTHER SUBSTANCES.

THE FACT IS THAT DURING THIS PANDEMIC OF COVID-19,

WE HAVE SEEN MORE AND MORE OVERDOSES HAPPEN, AND PART OF THAT IS

BECAUSE THAT CATEGORY HAS BEEN IGNORED, NOT FACTORED IN. PEOPLE WHO

WORK IN THAT FIELD WERE NOT GIVEN PPE BECAUSE THEY WERE NOT

CONSIDERED. SO, IT -- IT'S A SLAP IN THE FACE OF ALL THE HARD WORKERS AT

OASAS TO NOT INCLUDE THEM ON THIS COMMISSION. THIS BILL WILL RECTIFY

THAT OMISSION, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MR. REILLY.

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

ME TO EXPLAIN MY VOTE. I COMMEND THE SPONSOR ON THIS LEGISLATION.

WE SAW FIRSTHAND WITH THE EXECUTIVE ORDERS TO EXPAND OUR BED

CAPACITY THAT WE LOST SOME OF THOSE RESOURCES IN HOSPITALS DURING THIS

PANDEMIC WITH NOTABLY WHY WE -- WE REALLY NEEDED TO HAVE THOSE BEDS

AVAILABLE. BUT SPECIFICALLY HERE IN NEW YORK CITY, WE LOST SOME DETOX

BEDS, AND THOSE SERVICES WERE EXTREMELY HEARTBREAKING TO SEE GO AWAY,

BUT WE SEE THAT THERE WERE SOME ADJUSTMENTS MADE IN OUR -- IN OUR

LOCAL HOSPITALS. BUT I THINK THAT THAT WAS A MAJOR SHORTFALL IN NOT

NYS ASSEMBLY MAY 27, 2020

HAVING THE EXECUTIVE HAVE THAT PERSON ASSIGNED FROM OASAS, THE

DIRECTOR, FOR VALUABLE INPUT. AND, ONCE AGAIN, I COMMEND THE -- THE

SPONSOR FOR THIS MUCH NEEDED LEGISLATION AND I WILL BE VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER JONES: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10516-A, RULES

REPORT NO. 49, COMMITTEE ON RULES (SIMOTAS, OTIS, BICHOTTE, ORTIZ,

JACOBSON, BLAKE, NOLAN, WEINSTEIN). AN ACT TO AMEND THE ELECTION

LAW, IN RELATION TO ABSENTEE VOTING; AND PROVIDING FOR THE REPEAL OF

SUCH PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER JONES: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10005 --

(PAUSE)

ACTING SPEAKER JONES: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10517, RULES REPORT

NO. 50, COMMITTEE ON RULES (AUBRY, OTIS, BICHOTTE, L. ROSENTHAL,

GLICK, DINOWITZ, DENDEKKER). AN ACT TO REQUIRE THE DEPARTMENT OF

HEALTH TO CONDUCT A STUDY ON THE HEALTH IMPACTS OF COVID-19 ON

MINORITIES IN NEW YORK STATE.

ACTING SPEAKER JONES: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10518, RULES REPORT

NO. 51, COMMITTEE ON RULES (GALEF, BUTTENSCHON, OTIS, BICHOTTE,

NYS ASSEMBLY MAY 27, 2020

DENDEKKER). AN ACT IN RELATION TO AUTHORIZING MUNICIPALITIES TO PLACE

A MORATORIUM ON TAX FORECLOSURES AND TAX LIEN SALES.

ACTING SPEAKER JONES: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10519, RULES REPORT

NO. 52, COMMITTEE ON RULES (WEINSTEIN). AN ACT TO AMEND THE

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO

DISALLOWING, FOR PURPOSES OF THE UNINCORPORATED BUSINESS CORPORATION

TAX, THE GENERAL CORPORATION TAX, THE CITY BANKING TAX, AND THE CITY

BUSINESS CORPORATION TAX, CERTAIN AMENDMENTS, WITH RESPECT TO

TAXABLE YEARS BEGINNING BEFORE JANUARY 1, 2021, MADE TO THE INTERNAL

REVENUE CODE BY SECTIONS 2303, 2304 AND 2306 OF PUBLIC LAW

116-136.

ACTING SPEAKER JONES: ON A MOTION BY -- ON A

MOTION BY THE SENATE -- BY MS. WEINSTEIN, THE SENATE BILL IS BEFORE THE

HOUSE. THE SENATE BILL IS ADVANCED. READ THE LAST SECTION.

MR. GOODELL.

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

KNOW, MUCH OF OUR TAX CODE IN THE STATE OF NEW YORK IS ALSO TIED

INTO THE TAX CODE WITH THE FEDERAL GOVERNMENT, WHICH MAKES A GREAT

DEAL OF SENSE BECAUSE THEN TAXPAYERS WHEN THEY FILL OUT THEIR FEDERAL

TAX RETURN AND ANSWER ALL THOSE TOUGH QUESTIONS, CAN USE THE SAME TYPE

OF ANALYSIS ON THEIR STATE INCOME TAX CODE. DURING THIS PANDEMIC,

THE FEDERAL GOVERNMENT HAS MOVED FORWARD WITH A NUMBER OF

INITIATIVES IN THE FEDERAL TAX CODE TO ASSIST BUSINESSES AND

CORPORATIONS TO IMPROVE THEIR CASH FLOW, TO MAXIMIZE THEIR ABILITY TO

NYS ASSEMBLY MAY 27, 2020

BRING BACK EMPLOYEES AND -- AND RESTART.

ONE OF THE SIDE EFFECTS OF THE FEDERAL CHANGES THAT

WERE ALL DESIGNED TO HELP OUR BUSINESS COMMUNITY AND ALL OF THE

EMPLOYEES GET BACK TO WORK, HAVE A NEGATIVE IMPACT ON THE CITY OF

NEW YORK'S REVENUE TO THE TUNE OF ABOUT $50 MILLION. SO WHAT THIS

BILL BASICALLY DOES IS IT SAYS THAT ALL THE TAX BREAKS THAT WOULD AFFECT THE

CITY OF NEW YORK CITY FOR CORPORATIONS AND BUSINESSES THAT ARE

STRUGGLING TO REOPEN AND WOULD REHIRE OUR FRIENDS AND NEIGHBORS WOULD

NOT APPLY TO THE CITY TAX RATES. AND I THINK IT WOULD BE VERY WISE FOR

ALL OF US, AS WE FOCUS ON THE LONG-TERM FUTURE, TO RECOGNIZE THAT THE

MOST WE CAN POSSIBLY DO TO GET OUR NEIGHBORS BACK TO WORK AND KEEP

OUR NEIGHBORHOOD BUSINESSES OPEN, IT WOULD MAKE A GREAT DEAL OF

SENSE.

SO, I WILL BE VOTING AGAINST THESE -- THESE CHANGES AND

I ENCOURAGE MY COLLEAGUES TO VOTE AGAINST THESE CHANGES SO THAT WE

CAN MAXIMIZE THE FINANCIAL OPPORTUNITIES LONG-TERM FOR OUR FRIENDS AND

NEIGHBORS WHO RELY ON THESE BUSINESSES FOR THEIR LIVELIHOOD. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY BILL NO. A10519. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

NYS ASSEMBLY MAY 27, 2020

MR. O'DONNELL TO EXPLAIN HIS VOTE.

(PAUSE)

MR. O'DONNELL TO EXPLAIN HIS VOTE, AND PLEASE

UN-MUTE YOURSELF.

(PAUSE)

MR. O'DONNELL TO EXPLAIN HIS VOTE.

MR. O'DONNELL: NO, THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: RECORDING MR.

SANTABARBARA IN THE NO.

ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL.

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

FOLLOWING REPUBLICANS WILL BE VOTING NO ON THIS PARTICULAR BILL: MS.

MALLIOTAKIS, MYSELF, MR. MONTESANO, MR. PALUMBO, MR. SMULLEN, MR.

GARBARINO, MR. GIGLIO, MR. SALKA, MR. TAGUE, MR. LAWRENCE, BRIAN

MILLER, MR. MANKTELOW, MS. MILLER, MR. ASHBY, MR. DIPIETRO, MR.

LIPETRI, AND MR. BYRNES [SIC].

ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL: I APOLOGIZE, MR. SPEAKER, THAT WAS

MS. BYRNES, NOT MR. BYRNES [SIC].

ACTING SPEAKER AUBRY: CORRECTION NOTED.

MR. GOODELL: ALSO VOTING NO WILL BE MR.

HAWLEY.

(PAUSE)

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

21 REPUBLICAN NO VOTES THAT I MENTIONED EARLIER, THE FOLLOWING

REPUBLICANS ARE ALSO VOTING NO ON THIS BILL: MR. CROUCH, MR. WALCZYK,

MR. STEC, MR. MORINELLO, MR. FITZPATRICK, MR. KOLB, MR. REILLY, MR.

BARCLAY, MR. BRABENEC, MR. FRIEND, MR. BLANKENBUSH, MR. LIPETRI AND

MR. MCDONOUGH.

ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL: THANK YOU, SIR.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10520, RULES REPORT

NO. 53, COMMITTEE ON RULES (BRAUNSTEIN, NOLAN). AN ACT TO AMEND

THE PUBLIC AUTHORITIES LAW, IN RELATION TO AUTHORIZING ADDITIONAL BONDS

OF THE NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY RELATED TO THE

EPIDEMIC RESULTING FROM THE SPREAD OF THE DISEASE KNOWN AS

COVID-19 DISASTER EMERGENCY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10521, RULES REPORT

NO. 54, COMMITTEE ON RULES (MOSLEY, GLICK, OTIS, BICHOTTE, L.

ROSENTHAL, DENDEKKER, SIMON, BLAKE, ORTIZ, STERN, WEINSTEIN). AN

ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO ISSUING A

NYS ASSEMBLY MAY 27, 2020

MORATORIUM ON UTILITY TERMINATION OF SERVICES DURING PERIODS OF

PANDEMICS AND/OR STATE OF EMERGENCIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10524, RULES REPORT

NO. 57, COMMITTEE ON RULES (THIELE). AN ACT TO AMEND A CHAPTER OF

THE LAWS OF 2020 RELATING TO BOND ANTICIPATION NOTES ISSUED IN CALENDAR

YEARS 2015 THROUGH 2021, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS

S.08417 AND A.10492, IN RELATION TO EXPENDITURES AND TEMPORARY

TRANSFER OF RESERVE FUNDS FOR EXPENSES RELATED TO STATE DISASTER

EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 AND

AUTHORIZING THE EXTENSION OF REPAYMENT OF INTER-FUND ADVANCES MADE

FOR EXPENSES RELATED TO STATE DISASTER EMERGENCY DECLARED PURSUANT TO

EXECUTIVE ORDER 202 OF 2020.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

(PAUSE)

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

NOW GO TO OUR DEBATE LIST, WE'RE GOING TO START ON PAGE 3 WITH RULES

REPORT NO. 25, AND THEN WE'RE GOING TO GO TO RULES REPORT NO. 28;

THEN ON PAGE 4, WE'RE GOING TO DO RULES REPORT NO. 31 AND ON PAGE 5,

RULES REPORT NO. 34, IN THAT ORDER, MR. SPEAKER. THANK YOU.

(PAUSE)

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: SENATE NO. S07082. AN ACT TO AMEND

NYS ASSEMBLY MAY 27, 2020

THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO EXTENDING THE STATUTE

OF LIMITATIONS FOR CERTAIN CHILD SEXUAL ABUSE CASES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: OKAY. YOU CAN HEAR ME, RIGHT?

OKAY. THIS -- THIS BILL WOULD EXTEND THE ONE-YEAR LOOKBACK WINDOW IN

THE CHILD VICTIMS ACT THAT WE PASSED IN 2019 FOR ANOTHER YEAR.

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

YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK -- THANK YOU VERY MUCH. THIS IS

ACTUALLY NICE, BECAUSE I CAN SEE YOU ACROSS FROM ME, INSTEAD HAVING TO

LOOK IN THAT DIRECTION, BUT...

MS. ROSENTHAL: I DON'T SEE --

MR. RA: SO, I WANTED TO JUST GO THROUGH A COUPLE OF

PIECES OF THIS, OBVIOUSLY, YOU KNOW, AFTER SEVERAL YEARS AND IN -- IN NO

SMALL PART DUE TO YOUR PERSEVERANCE ON THIS ISSUE, THE CHILD VICTIMS

ACT WAS PASSED LAST YEAR, BECAME LAW. I SUPPORTED IT, IT CERTAINLY, TO

ME, WAS THE RIGHT THING TO DO TO PROVIDE AN OPPORTUNITY FOR THESE

INDIVIDUALS TO -- TO GO AND -- AND BE COMPENSATED FOR -- FOR SOMETHING

THAT, YOU KNOW, HAD SUCH A LARGE IMPACT ON THEM OVER -- OVER THE

YEARS. BUT, I KNOW THERE HAVE BEEN, IN THE LAST FEW MONTHS, A NUMBER

NYS ASSEMBLY MAY 27, 2020

OF EXECUTIVE ORDERS THAT HAVE IMPACTED THIS. I -- YOU KNOW, THE

GOVERNOR FIRST DID AN EXECUTIVE ORDER THAT EXTENDED ALL STATUTES -- I'M

SORRY, TOLLED ALL STATUTES OF LIMITATIONS WHICH HE EXTENDED A COUPLE OF

TIMES. BUT THEN THERE WAS ALSO ONE SPECIFIC TO THE CHILD VICTIMS ACT.

SO, CAN YOU JUST GO THROUGH -- WHAT ARE THE DIFFERENCES BETWEEN WHAT

THE FILING DEADLINE WOULD BE UNDER THIS PIECE OF LEGISLATION VERSUS WHAT

IT WOULD BE UNDER THE EXECUTIVE ORDER, WHICH I BELIEVE IS 2 -- 202.29,

IF I'M CORRECT, THAT THE GOVERNOR ISSUED IN -- IN MAY.

MS. ROSENTHAL: YES. SO, THIS BILL WOULD GET --

WOULD GIVE AN EXTRA LOOKBACK WINDOW STARTING AFTER AUGUST 14TH,

2020, WHEN THE ORIGINAL LOOKBACK WINDOW WAS SET TO EXPIRE. THE

GOVERNOR, ON MARCH 20TH, ISSUED EXECUTIVE ORDER 202.8 TO SUSPEND

ANY SPECIFIC TIME LIMIT FOR THE COMMENCEMENT FILING OR SERVICE OF ANY

LEGAL ACTION, ET CETERA. HE FOLLOWED THAT UP WITH AN EXECUTIVE ORDER,

202.14, TO EXTEND THE STATUTE OF LIMITATIONS TO MAY 2020. THEN ON

MARCH 22ND, THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION

ISSUED AN ORDER SUSPENDING THE FILING OF ALL MANNERS DEEMED

NONESSENTIAL WITH CIVIL FILINGS WITHIN THE CVA WINDOW DEEMED

NONESSENTIAL.

ALL OF THESE ORDERS HAVE CAUSED GREAT CONFUSION

AMONG A LOT OF PEOPLE, BUT IN THIS CASE, THE SURVIVORS, WHO WERE UNSURE

WHAT THE -- THE END LIMIT WAS ON WHEN THEY COULD FILE THEIR CASES. AND

WE THOUGHT IT WOULD MOST PRUDENT TO -- TO COUNT THE MONTHS THAT THEY

LOST, BECAUSE THEY HAVE LOST ABOUT THREE MONTHS, AND MOVING IT TO

JANUARY WOULD ONLY GAIN THEM TWO MONTHS. BUT DURING THIS TIME, A LOT

NYS ASSEMBLY MAY 27, 2020

OF THEM HAVE NOT HAD THE ABILITY, BECAUSE HOPEFULLY EVERYONE STAYED

HOME, TO EXPLORE THEIR CASE, TO -- TO GET SUPPORTING DOCUMENTS. YOU

KNOW, A LOT OF PEOPLE WERE UNCOMFORTABLE WITH THAT.

BUT IN ADDITION, AND I -- I INTRODUCED THIS BEFORE THE

COVID PANDEMIC, IT WAS CLEAR THAT ALTHOUGH THIS WAS A WONDERFUL

OPPORTUNITY FOR THOSE WHO WERE READY TO FILE AND TO GO TO COURT, FOR

MANY THIS JUST TRIGGERED THE BEGINNING OF THEIR JOURNEY OF RECOGNITION

WHAT HAPPENED TO THEM, AND ACCEPTANCE. THIS IS NOT AN EASY PROCESS

FOR THEM. AND THE ONE-YEAR WINDOW LIMITED WHO COULD ACTUALLY HAVE

THE WHEREWITHAL TO GO FILE BY AUGUST 14TH, 2020.

IN ADDITION, JUST RECENTLY, DIFFERENT PARTS OF THE STATE

OPENED UP BEFORE OTHER PARTS OF THE STATE, WHICH MEANT THAT IF YOU LIVE

IN NEW YORK CITY, FOR EXAMPLE, YOU -- YOU WERE -- YOU, UNTIL RECENTLY,

COULD NOT FILE, WHEREAS IN THE MID-HUDSON REGION, YOU COULD. AND IN

LONG ISLAND, IT WAS A DIFFERENT TIME PERIOD. SO, IN ORDER TO MAKE IT

EVEN ACROSS THE STATE, EVERYONE GETS ANOTHER YEAR THAT BEGINS AUGUST

15TH, 2020.

MR. RA: OKAY, THANK YOU. AND THANK YOU FOR THAT

VERY THOROUGH EXPLANATION OF HOW THE EXECUTIVE ORDERS FACTOR IN. JUST

A POINT OF CLARIFICATION, BECAUSE YOU DID MENTION THAT THE GOVERNOR'S

EXECUTIVE ORDER SPECIFIC TO THIS WHICH -- WHICH SETS AN EXPIRATION DATE

OF JANUARY 13, 2021, EXTEND -- ONLY EXTENDS BY TWO MONTHS, I ASSUME

YOU'RE -- YOU'RE BASING THAT ON THE -- THE TOLL DATE AS A RESULT OF THOSE

OTHER GENERALLY APPLICABLE EXECUTIVE ORDERS? BECAUSE IT WOULD BE, BY

MY READING FROM WHAT'S IN STATUTE, IT WOULD BE A -- A FIVE-MONTH

NYS ASSEMBLY MAY 27, 2020

EXTENSION.

MS. ROSENTHAL: WELL, WE WERE CLOSED FOR THREE,

SO IT'S -- SO WE LOST -- IF HE GAVE US FIVE AND WE WERE CLOSED FOR THREE, IT

WAS ONLY A TWO-MONTH ADDITION.

MR. RA: OKAY. SO -- SO IS IT FAIR TO SAY, THEN, AND I

KNOW YOU MENTIONED THIS WAS FILED BEFOREHAND, THAT, YOU KNOW, YOU'RE

-- YOU'RE OF THE BELIEF THAT THIS IS NECESSARY REGARDLESS OF THE PANDEMIC

TO HAVE AN EXTENSION OF THIS WINDOW.

MS. ROSENTHAL: WELL, I THINK THE -- THE

PANDEMIC ONLY INCREASES THE DIFFICULTY FOR SOME SURVIVORS TO FILE, AS I

SAID, TO RECOGNIZE THAT THIS HAPPENED TO THEM AND TO DEAL WITH IT

EMOTIONALLY. BUT I -- I HAVE ALSO SPOKEN TO MANY SURVIVORS WHO STILL

DON'T HAVE AN ATTORNEY, AND THIS IS MOSTLY SURVIVORS WHO ARE NOT GOING

TO COURT AGAINST A BIG CORPORATION OR A CHURCH OR A SYNAGOGUE OR AN

INSURANCE COMPANY, THEY ARE GOING AGAINST AN INDIVIDUAL. AND THEIR

GOAL, AS IS MOST SURVIVORS, IS TO SEEK JUSTICE IN THE COURTS, NOT THE

MONETARY. BUT SOME ATTORNEYS WON'T TAKE THE CASE UNLESS THERE IS A

MONETARY GAIN AT THE END OF THE PROCESS. SO, IT'S ALSO TO GIVE THOSE

INDIVIDUALS MORE TIME TO FIND REPRESENTATION IN COURT.

MR. RA: OKAY. AND THANK YOU FOR THAT. I THINK IT'S

IMPORTANT, YOU KNOW, THAT OUR COLLEAGUES UNDERSTAND THE IDEA OF A

STATUTE TOLLING AS OPPOSED TO, YOU KNOW, AN -- AN EXTENSION OF AN ACTUAL

DATE. EVEN THOUGH IT MAY HAVE THE SAME IMPACT, THERE'S, YOU KNOW,

SOME DIFFERENCES OF IT IN TERMS OF, YOU KNOW, CALCULATING THE END DATE

THERE. SO, THANKS FOR THAT CLARIFICATION.

NYS ASSEMBLY MAY 27, 2020

THERE WAS ONE OTHER POINT I WAS WONDERING IF YOU

MIGHT HAVE ANY INFORMATION OR IF, I DON'T KNOW, YOU PROBABLY HAVEN'T

BEEN ABLE TO LOOK AT THIS IN LIGHT OF THE CURRENT CIRCUMSTANCES, BUT

PERHAPS WITH THE FILING OF THIS BILL EARLIER THIS YEAR, WE'VE STARTED TO

HEAR FROM DIFFERENT ORGANIZATIONS, AND PARTICULARLY NOT-FOR-PROFITS

ABOUT INSURANCE INCREASES THAT THEY'VE FACED AS A RESULT OF THE CHILD

VICTIMS ACT. AGAIN, YOU KNOW, IT'S A -- IT'S A LAW I SUPPORTED, HAD --

HAD GREAT SUPPORT IN BOTH HOUSES AND GAVE PEOPLE AN OPPORTUNITY TO --

TO SEEK JUSTICE. BUT IT -- IT DOES SEEM TO HAVE HAD AN UNINTENDED

CONSEQUENCE WITH REGARD TO A LOT OF NOT-FOR-PROFIT ENTITIES. HAVE -- HAS

THERE BEEN ANY LOOK AT WHAT IMPACT ON THOSE INSURANCE RATES IT MIGHT

HAVE IF WE EXTEND THIS WINDOW FURTHER?

MS. ROSENTHAL: I HAVE NOT LOOKED INTO THAT. I'VE

BEEN LABORING ON THE SIDE OF THE SURVIVORS AND THOSE WHO NEED OUR

HELP. THE INSURANCE COMPANIES ALWAYS HAVE ACCESS AND ALWAYS HAVE

-- THEY SEEM TO HAVE A LOT OF LIBERTY WHEN IT COMES TO THEIR RATES, AND

IT'S ACTUALLY REPREHENSIBLE THAT GIVING SURVIVORS MORE TIME TO GO TO

COURT WOULD INCITE THEM TO RAISE THEIR RATES. THEY'RE THERE TO INSURE

PEOPLE, NOT TO TAKE ADVANTAGE OF VERY UNFORTUNATE SITUATIONS. AND IT'S

ALSO NOT A GOOD REASON. I MEAN, JUSTICE FOR SURVIVORS AND THE ACCESS TO

THE COURT IS PARAMOUNT.

MR. RA: I -- I AGREE ACCESS IS -- IS PARAMOUNT, I'M

JUST -- I'M TALKING ABOUT THE UNINTENDED CONSEQUENCE ON, YOU KNOW,

PROVIDERS THAT -- THAT SERVICE SOME OF OUR MOST VULNERABLE POPULATIONS

WHO -- WHO HAVE EXPRESSED AN IMPACT THAT -- THAT IT'S HAD ON THEM, THE

NYS ASSEMBLY MAY 27, 2020

EXTENSION OF THE WINDOW. I -- I THANK YOU FOR -- FOR TAKING THE TIME TO

ANSWER MY QUESTIONS. I HOPE YOU ARE -- YOU ARE WELL AND I HOPE WE

CAN ALL BE TOGETHER HERE AGAIN SOMETIME SOON.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU VERY MUCH. YOU KNOW, THIS IS

-- THIS IS A VERY DIFFICULT ISSUE. CERTAINLY, WE HAVE INDIVIDUALS WHO

WAITED A LONG TIME TO HAVE THE OPPORTUNITY TO -- TO SEEK JUSTICE FOR

THEIR CLAIMS. LIKE I SAID, I SUPPORTED THE -- THE NEW LAW LAST YEAR, I

SUPPORTED IT THE YEARS PRIOR TO THAT WHEN IT DIDN'T MAKE IT THROUGH THE

OTHER HOUSE. SO, I -- I THINK IT WAS AN IMPORTANT STEP WE TOOK TO GIVE

THOSE INDIVIDUALS ACCESS TO THE -- TO THE COURTHOUSE TO -- TO SEEK JUSTICE

AND TO GET SOME TYPE OF, YOU KNOW, SUPPORT AS A RESULT OF -- OF THE

ABUSE THAT THEY -- THEY SUSTAINED YEARS AGO.

THERE -- THERE IS A CONCERN, HERE, THOUGH, WITH, YOU

KNOW, I KNOW THERE WAS A LOT OF DISCUSSION OF TIME, WHAT SHOULD THE

TIMEFRAME BE. AND WE WERE DOING SOMETHING THAT IS VERY RARE, WE

WERE TAKING CLAIMS THAT HAD BEEN TIME-BARRED BY STATUTE OF LIMITATIONS.

AND THE REASON WE HAVE A STATUTE OF LIMITATIONS ON -- ON CIVIL MATTERS -

AND WE HAVE THEM ON CRIMINAL MATTERS, AS WELL - BUT THE REASON WE

HAVE STATUTES OF LIMITATIONS IS SO THAT WE CAN REALLY BEST GET TO THE

BOTTOM OF -- OF A MATTER BEFORE US. PEOPLE'S MEMORIES FADE OVER TIME,

AND THAT IS WHY STATUTES OF LIMITATIONS EXIST SO THAT THE WITNESSES ARE

AVAILABLE, SO THAT DOCUMENTS MAY BE AVAILABLE, OTHER PIECES OF

EVIDENCE MAY BE AVAILABLE SO THAT A COURT PROCEEDING CAN TAKE PLACE.

NYS ASSEMBLY MAY 27, 2020

AND DOING THIS, IN PARTICULAR, WITH CASES THAT MAY BE 25, 30, 40 YEARS

OLD WAS -- WAS CERTAINLY A CONCERN WITH REGARD TO THAT.

NOW, WE WENT AHEAD, WE OPENED THIS WINDOW, WE

GAVE AN OPPORTUNITY AND -- AND A LOT OF PEOPLE RIGHT OFF THE BAT, AS SOON

AS THIS WINDOW OPENED, WERE -- WERE FILING CASES. AND I KNOW THERE'S

INDIVIDUALS OUT THERE WHO ARE STILL LOOKING TO FILE CASES, AND -- AND I

THINK IT'S IMPORTANT THAT WE NOTE, AGAIN, THE -- THE STATUTES OF

LIMITATIONS HAVE BEEN TOLLED BY SEVERAL EXECUTIVE ORDERS TO BASICALLY

MAKE UP THAT TIME THAT THEY HAVEN'T HAD ACCESS TO THE COURTHOUSE.

THAT'S ALREADY TAKEN CARE OF. AND THE GOVERNOR TOOK IT ONE STEP

FURTHER AND EXTENDED THIS WINDOW TO JANUARY 13TH, 2021, IN EXECUTIVE

ORDER 202.29.

SO, I THINK WE -- WE SHOULD BE CAREFUL TO CREATE SOME

LEVEL OF CERTAINTY WITH REGARD TO THIS. SO, I -- I HAVE THAT CONCERN WHEN

I START HEARING FROM PROVIDERS THAT -- THAT SERVICE SOME OF OUR MOST

VULNERABLE MEMBERS OF OUR POPULATION WHO HAVE BEEN IMPACTED, YOU

KNOW, BY INSURANCE RATES GOING UP AND THINGS OF THAT NATURE, AND THESE

AREN'T, YOU KNOW, MAKE NO MISTAKE, I'M NOT TALKING ABOUT ENTITIES WHO

HAVE PROTECTED ABUSERS. YOU KNOW, THEY SHOULD HAVE CASES FILED

AGAINST THEM, THINGS SHOULD -- SHOULD TAKE PLACE AND JUSTICE SHOULD --

SHOULD PREVAIL. BUT I THINK WE DO NEED TO KEEP IN MIND THAT IT -- IT HAS

AN IMPACT OUTSIDE OF JUST THE FILING SIDE OF IT. I THINK WE SHOULD -- WE

SHOULD KEEP THAT IN MIND GOING FORWARD. I THINK WE SHOULD KEEP IN

MIND THE POINT THAT WAS RAISED WHEN WE FIRST PASSED THIS, THAT WITHOUT

DOING SOME TYPE OF FUND, THAT MANY INDIVIDUALS WHO WERE ABUSED BY

NYS ASSEMBLY MAY 27, 2020

NON-INSTITUTIONAL ABUSERS WHERE THERE'S REALLY NOBODY TO GO AFTER OTHER

THAN MAYBE AN INDIVIDUAL, HAVE REALLY NOT BEEN ABLE TO SEEK ANY TYPE

OF RECOVERY AS A RESULT OF THAT. AND THERE WERE PROPOSALS IN THE PAST TO

CREATE SOME TYPE OF VICTIM COMPENSATION FUND TO HELP THOSE

INDIVIDUALS.

SO, I -- I THINK THIS IS AN AREA OF CONTINUING NEED OF

DISCUSSION AND -- AND THOUGHT SO THAT WE CAN DO EVERYTHING WE CAN TO

MAKE -- MAKE PEOPLE WHOLE IN SOME SMALL WAY BY OPENING THE DOORS

TO THE COURTHOUSES TO THEM, BUT ALSO KEEP IN MIND THE UNINTENDED

CONSEQUENCES THAT IT COULD HAVE ON NOT-FOR-PROFIT ENTITIES. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. BICHOTTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER, ON THE

BILL. THANK YOU FOR ALLOWING ME TO SPEAK ON THE BILL. AGAIN, ONCE

AGAIN, I'M REALLY PROUD TO SUPPORT MY COLLEAGUE'S BILL WHICH WOULD

EXTEND A STATUTE OF LIMITATIONS FOR CERTAIN CHILD SEX ABUSE CASES IN -- IN

CIVIL SUITS BY ONE YEAR.

LAST YEAR WHEN THE LEGISLATURE VOTED TO PASS THE

CHILD VICTIMS ACT, I STOOD IN SOLIDARITY WITH MY COLLEAGUES, MY SISTER

SURVIVORS, ASSEMBLYMEMBER CRUZ, ASSEMBLYMEMBER NIOU, AND

SENATOR BIAGGI, AND TOGETHER WE SHARED OUR VERY PERSONAL STORIES ABOUT

SURVIVING CHILDHOOD SEXUAL ABUSE. I STOOD BEFORE THE ASSEMBLY AND I

TOLD MY STORY ABOUT BEING SEXUALLY ASSAULTED BY A MINISTER AT TEN YEARS

OLD, AND AS -- AS I WAS RECOVERING FROM A DEVASTATING ACCIDENT, WHICH

NYS ASSEMBLY MAY 27, 2020

LEFT ME BEDRIDDEN. MY GREATEST FEAR WAS THAT AS A CHILD, I WOULD NOT BE

BELIEVED, THAT NOTHING WOULD BE DONE TO STOP MY ABUSER WHO HELD A

POSITION OF RESPECT IN THE COMMUNITY. CHILDS [SIC] VICTIM OFTEN LACK

THE RESOURCES TO SPEAK OUT. SOME DO NOT EVEN UNDERSTAND THE ACTS THAT

ARE SUBJECT -- THEY ARE SUBJECTED TO. OTHERS ARE THREATENED AND, LIKE

ME, MANY ARE AFRAID OF FURTHER COMPROMISING THEMSELVES IF THEY SPEAK

UP AND ARE NOT BELIEVED.

MR. SPEAKER, I'M NOT ALONE. SINCE WE VOTED THE -- AND

PASSED -- TO PASS THE CHILD VICTIMS ACT, OVER 1,300 CIVIL LITIGATION

LAWSUITS HAVE BEEN FILED BY 1,700 SURVIVORS ONLY. THAT'S A VERY LITTLE

NUMBER. THESE STRONG INDIVIDUALS HAVE COME FORWARD NOW TO -- TO

RIGHT THE WRONGS OF THE PAST, TO RECEIVE -- RESTOR -- RESTORATIVE JUSTICE.

THESE VICTIMS DESERVE THE RIGHT TO BE HEARD.

THE 2019 BILL CREATED A ONE-YEAR WINDOW DURING

WHICH ADULT SURVIVORS OF CHILD SEXUAL ABUSE WILL BE COMMITTED TO FILE

CIVIL ACTIONS, EVEN IF THE STATUTE HAD ALREADY EXPIRED. OR, IN THE CASE OF

A CIVIL ACTION AGAINST PUBLIC INSTITUTION, THAT THE CLAIM REQUIREMENT HAD

NOT BEEN MET. EXTENDING THE REVIVAL WINDOW BY ONE YEAR WILL PROVIDE

MORE TIME TO NOTIFY NEW YORKERS ABOUT THE NEW LAW AND ALLOW MORE

SURVIVORS TO SEEK JUSTICE. NEW JERSEY AND OTHER STATES HAVE PASSED

SIMILAR EXTENSIONS ALREADY.

MR. SPEAKER, MY FELLOW SURVIVORS ACROSS ALL NEW

YORK, WE NEED MORE TIME. MANY OF THEM STILL DON'T HAVE AN ATTORNEY.

IN SOME CASES, EVEN THE SETTLEMENT PROCESS IS TAKING LONG. IT'S VERY

FRUSTRATING, AND IT'S A VERY EMOTIONAL PROCESS. THE STATUTES OF

NYS ASSEMBLY MAY 27, 2020

LIMITATION CAN CHANGE VIA LAW, WHICH IS WHAT WE DID WITH THIS CHILDS

[SIC] VICTIM ACT LAST YEAR. AND, QUITE FRANKLY, MR. SPEAKER, THE

LOOKBACK WINDOW SHOULD HAVE BEEN LONGER. AS GRATEFUL -- AS GRATEFUL

AS WE ARE FOR THE PROGRESS WE'VE MADE, SURVIVORS ARE STILL SUFFERING.

THE NEED TO EXTEND THE WINDOW IS NEEDED EVEN MORE NOW IN LIGHT OF

THE COVID-19 PANDEMIC, AND THIS IS WHAT THIS BILL WILL DO, WHICH HAS

CRIPPLED THE LEGAL SYSTEM AND BACKLOGGED COURTS. MANY CASES,

INCLUDING THOSE OF A NON-EMERGENCY NATURE, WILL NOT EVEN BE HEARD.

DO NOT LET THAT BE THE REASON THAT PREDATORS GO UNPUNISHED.

TODAY, I'M CALLING ON ALL MY COLLEAGUES ON BOTH SIDES

TO STAND IN SUPPORT OF ALL CHILD VICTIM SURVIVORS. I CALL TO -- I CALL ON

YOU TO SUPPORT SURVIVORS LIKE ME, MYSELF, LIKE ASSEMBLYMEMBER

CATALINA CRUZ, LIKE ASSEMBLYMEMBER YUH-LINE NIOU, LIKE SENATOR

ALESSANDRA BIAGGI, AND TO VOTE FOR THIS BILL WHICH WILL KEEP TO RESTORE

JUSTICE FOR SURVIVORS LIKE ME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

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

MS. WALSH: SO, I JUST WOULD LIKE TO OFFER A COUPLE

OF MY OWN OBSERVATIONS AND PERHAPS SOME CONCERNS FOLLOWING UP ON

THE COMMENTS OF ASSEMBLYMEMBER RA. I -- I DO AGREE THAT MS.

BICHOTTE IS CORRECT ACCORDING TO THE SPONSOR'S MEMO. OVER 1,300 CIVIL

SUITS HAVE BEEN FILED AGAINST ALLEGED ABUSERS SINCE THE PASSAGE OF THE

CHILD VICTIMS ACT BACK IN DECEMBER OF 2019, AND 1,300 CIVIL SUITS

NYS ASSEMBLY MAY 27, 2020

HAVE BEEN FILED ON BEHALF OF AT LEAST 1,700 SURVIVORS. THAT'S PRETTY

REMARKABLE. I -- I REMEMBER AT OR AROUND THE TIME THAT THIS CHILD

VICTIMS ACT -- WHICH I ALSO SUPPORTED AND VOTED YES ON -- IN THIS

CHAMBER WE HAD THREE NO VOTES ON THAT BILL, SO IT DID ENJOY A GREAT DEAL

OF SUPPORT WITHIN THIS CHAMBER. I REMEMBER YOU COULD NOT TURN ON

YOUR TV SET WITHOUT HEARING AN AD OR AN ADVERTISEMENT OR A NEWS STORY

SAYING, IF YOU HAVE BEEN THE VICTIM OF ABUSE, PLEASE REACH OUT TO

1-800-WHATEVER. AND THERE WERE -- THERE WERE TONS OF LAW FIRMS THAT

WERE OUT THERE, READY AND WILLING TO HELP ASSIST SURVIVORS WHO WISHED

TO FILE. I ALSO REMEMBER THAT AT THE TIME THAT THE CHILD VICTIMS ACT

WAS PASSED, THERE WAS QUITE A DEBATE ABOUT WHAT THE LENGTH OF THE

LOOK-BACK PERIOD WAS GOING TO BE. AND ALTHOUGH TO -- TO KIND OF QUOTE

MY FAVORITE MUSICAL, "HAMILTON", I WASN'T IN THE ROOM WHERE IT

HAPPENED. I KNOW THAT THAT ONE YEAR THAT WAS CHOSEN WAS THE RESULT OF

SOME COMPROMISE. AND SO I HAVE A CERTAIN RELUCTANCE TO EXTEND THE

STATUTE OF LIMITATIONS ANOTHER YEAR BECAUSE THE ORIGINAL BILL IN THAT ONE

YEAR LOOK-BACK WAS SOMETHING THAT WAS NEGOTIATED AND BARGAINED FOR

AND AGREED IN SOME MANNER THAT THAT WAS TO BE THE FAIR AND REASONABLE

LOOK-BACK PERIOD THAT WAS SUPPOSED TO BE OBSERVED. AND I -- I DO

AGREE WITH MY COLLEAGUE MR. RA WHEN HE TALKS ABOUT THE VALUE OF

FINALITY TO EVERYONE CONCERNED THAT THERE NEEDS TO BE AN END, AND THAT

IS WHY WE HAVE STATUTES OF LIMITATIONS. SO I AM A LITTLE BIT CONCERNED

ABOUT THAT WITH THIS BILL.

I ALSO THINK THAT, YOU KNOW, WE'RE GATHERED HERE TODAY

IN THIS ALMOST EMPTY CHAMBER WITH MASKS ON, DEALING WITH A BILL, A

NYS ASSEMBLY MAY 27, 2020

PACKAGE OF BILLS OF ABOUT 30 BILLS, THAT ARE ALL IN SOME WAY

COVID-RELATED. AND YET AS THE SPONSOR, MS. ROSENTHAL,

ACKNOWLEDGED, THIS WAS A BILL THAT WAS INTRODUCED PRIOR TO THE COVID

PANDEMIC AND IT WAS SOMETHING THAT, I BELIEVE, WAS PART OF THE PACKAGE

OF LEGISLATION THAT THE MAJORITY WISHED TO HAVE PASSED THIS YEAR

REGARDLESS OF ANY TYPE OF EPIDEMIC OR PANDEMIC OR COVID VIRUS.

SO, I DO THINK THAT WHILE THIS BILL MAY HAVE MERIT AND

WILL CERTAINLY GAIN SOME SUPPORT IN THIS CHAMBER, AS IT SHOULD, I THINK

THAT I WOULDN'T DESCRIBE IT AS BEING A COVID BILL. I ALSO THINK THAT

EVEN DURING THE TIME THAT THE COURTS HAVE BEEN OPERATING IN AN

EXTREMELY LIMITED CAPACITY, THERE ARE PLENTY OF LAW FIRMS THAT HAVE

OFFERED TELECONFERENCING, PHONE COUNSELING, ARE ACCEPTING CASES AND

WORKING UP CASES WAITING FOR THE COURT SYSTEM TO OPEN AGAIN. AND AT

LEAST IN THE REGION THAT I REPRESENT, OUR COURT SYSTEM REOPENED THIS

WEEK, YESTERDAY, I BELIEVE -- WAIT A MINUTE, WHAT'S TODAY? I DON'T EVEN

KNOW WHAT TODAY IS. WEDNESDAY, RIGHT? YESTERDAY IT STARTED TO OPEN

UP AGAIN. SO, YES, THE SURVIVORS SEEKING THE ASSISTANCE OF THE COURT DID

LOSE A COUPLE OF MONTHS, BUT THEY DIDN'T REALLY LOSE IT BECAUSE THEY DID

HAVE THAT OPPORTUNITY TO STILL SEEK COUNSEL, RECEIVE COUNSELING, HAVE

LAWSUITS DRAFTED AND READY TO GO FOR WHEN THE COURT SYSTEM OPENS BACK

UP AGAIN. SO I DO THINK THAT WHILE THERE MAY HAVE BEEN -- I THINK

MANY OF US EVEN THAT ARE FOLLOWING THINGS CLOSELY CAN GET CONFUSED BY

ALL OF THE DIFFERENT EXECUTIVE ORDERS THAT HAVE BEEN ISSUED OVER THE

LAST FEW MONTHS, THAT I DO THINK THAT SURVIVORS MAY, AS MS. ROSENTHAL

SAID, BE CONFUSED. BUT I DO THINK THAT THE GOVERNOR'S EXECUTIVE ORDER

NYS ASSEMBLY MAY 27, 2020

GIVING A CONSIDERABLE DEGREE OF EXTENSION TO THE CHILD VICTIMS ACT

WOULD PROBABLY BE SUFFICIENT IN THIS CASE. SO I DO HAVE SOME

CONCERNS. BUT ALL OF THAT BEING SAID, I DID SUPPORT THE CHILD VICTIMS

ACT LAST YEAR, AND THIS EXTENSION, I'M GOING TO GET IT EVERY

CONSIDERATION AND WILL PROBABLY BE SUPPORTING IT AGAIN TODAY. BUT I DO

THINK THAT WE HAVE TO BE CAREFUL ABOUT THIS AS WE TAKE -- DO AN

EXTENSION TO A BILL THAT WAS ALREADY NEGOTIATED AND PREPARED WITH A

SPECIFIC LOOK-BACK PERIOD. I THINK WE HAVE TO BE MINDFUL BEFORE WE --

WE EXTEND IT, REGARDLESS OF WHAT NEW JERSEY IS DOING AND OTHER STATES.

SO, WITH THAT, THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: I -- I WANT TO JUST GIVE A LITTLE

ANECDOTAL THING THAT HAPPENED SINCE -- UNDER THIS BILL. AND OF COURSE I

UNDERSTAND THAT WE NEED TO ENSURE THAT VICTIMS CAN FOLLOW THROUGH IN

THE COURTS. BUT I WANT TO JUST GIVE A LITTLE INSIGHT INTO SOME OF THE

THINGS THAT I'VE ALWAYS SAID SINCE I'VE BEEN HERE THAT THE WORDS, HOW

THEY TRANSITION TO THE STREET, BECOME MUCH DIFFERENT. MY AMERICAN

LEGION POST, WHICH I JOINED APPROXIMATELY TWO YEARS AGO, THEY WERE

THE SUBJECT OF A LAWSUIT NOW UNDER THIS LAW, AND THEY'RE NAMED IN THE

LAWSUIT FOR A 1970S, AROUND THERE, CASE BECAUSE THEY SPONSORED A YOUTH

BASEBALL TEAM IN A LEAGUE THAT WASN'T AFFILIATED WITH THE POST. THE --

THE MANAGER OF THAT YOUTH BASEBALL TEAM -- WHO WAS NOT A MEMBER OF

NYS ASSEMBLY MAY 27, 2020

THE -- THE AMERICAN LEGION POST -- WAS THE PERPETRATOR, AND HE

VICTIMIZED THIS CHILD AT THE TIME. THE -- THE AMERICAN LEGION POST IS

NAMED AS A DEFENDANT. SO I JUST WANTED TO SHARE THAT WHEN WE TALK

ABOUT THOSE THAT ARE GOING TO BE HELD RESPONSIBLE AND THE VICTIMS WANT

JUSTICE, I AGREE THEY DESERVE JUSTICE AND THEY NEED TO GET THAT JUSTICE.

BUT THERE'S NOTHING IN THE BILL ORIGINALLY, I THINK IN THE LAW, THAT WOULD

PROTECT AND -- AND MAKE SURE THAT ENTITIES LIKE THE AMERICAN LEGION

POST WHO JUST SPONSORED A TEAM, A YOUTH SPORTS TEAM IN AN UNAFFILIATED

LEAGUE TO THE AMERICAN LEGION POST, THEY'RE HELD ACCOUNTABLE. AND

MANY OF THOSE MEMBERS AREN'T EVEN ALIVE WHEN THEY SPONSORED THAT

TEAM. SO ALTHOUGH I DO -- I DO AGREE THAT WE NEED TO GIVE VICTIMS THE

RIGHT AMOUNT OF TIME AND -- AND GIVE THEM THE ABILITY TO SEEK JUSTICE, I

JUST WANTED TO SHARE THAT LITTLE INSIGHT OF HOW THIS PLAYS OUT IN A BROAD

-- IN A BROAD SPECTRUM.

SO, THANK YOU FOR GIVING ME THE OPPORTUNITY TO

EXPLAIN THAT.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. I ALSO

HAVE CONCERNS WHEN WE TAKE AND EXTEND THE STATUTE OF LIMITATIONS FOR

ONE TYPE OF ACTION BUT NO OTHERS. NOW, FOR EXAMPLE, IN NEW YORK

THERE'S A ONE-YEAR STATUTE OF LIMITATIONS FOR THE INTENTIONAL INFLICTION OF

EMOTIONAL DISTRESS. A ONE-YEAR STATUTE OF LIMITATIONS FOR ASSAULT AND --

AND MANY OTHERS. WE HAVE PEOPLE WHO HAVE STATUTE OF LIMITATIONS

ISSUES WITH VERY A SERIOUS CAR ACCIDENT THAT CAUSED SEVERE INJURIES. OR

WRONGFUL DEATHS THAT RESULT IN THE LOSS OF A LOVED ONE. OR MEDICAL

NYS ASSEMBLY MAY 27, 2020

MALPRACTICE WHERE THE DAMAGES MAY BE SIGNIFICANT. WE HAVE MULTIPLE

STATUTES OF LIMITATIONS IN NEW YORK STATE, BUT THIS BILL DEALS WITH JUST

ONE. AND I THINK THAT'S INAPPROPRIATE. I'D POINT OUT TO MY COLLEAGUES

THAT THROUGHOUT THE PANDEMIC THE COUNTY CLERK'S OFFICES, CERTAINLY

UPSTATE, WERE ALL OPEN. THEY WERE STAFFED AT A MINIMUM LEVEL, BUT

THEY WERE OPEN. AND THE ISSUANCE OF AN INDEX NUMBER WAS DONE

ELECTRONICALLY. IN FACT, YOU CAN'T DO IT IN PERSON ANYMORE. WE WENT TO

ELECTRONIC FILING LAST YEAR. IT WAS NOT AFFECTED IN ANY WAY BY COVID.

AND I WOULD POINT OUT THAT UNDER THE EXECUTIVE ORDER, ONE OF THEM,

YOU COULD TAKE AND NOTARIZE DOCUMENTS ELECTRONICALLY. NOT IN PERSON.

SO, AN ATTORNEY COULD DRAFT A SUMMONS AND COMPLAINT, COULD GET THE

VERIFICATION, COULD NOTARIZE IT, COULD FILE IT ELECTRONICALLY, AND THE

STATUTE OF LIMITATIONS ENDS ONCE IT'S FILED. SO THERE'S NO PRACTICAL

REASON WHY WE HAVE TO HAVE AN EXTENSION OF A STATUTE OF LIMITATIONS FOR

JUST ONE CAUSE OF ACTION WHILE IGNORING ALL THE OTHER STATUTES OF

LIMITATIONS THAT WE HAVE IN THIS STATE.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. CRUZ.

MS. CRUZ: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. CRUZ: THANK YOU. I THOUGHT ABOUT WHETHER I

WAS GOING TO SPEAK OR NOT ON THIS BILL BECAUSE I THOUGHT THAT THE NEED

FOR THIS EXTENSION WOULD BECOME PRETTY CLEAR. THIS IS NOT LIKE A CAR

ACCIDENT. THIS IS NOT LIKE MANY OTHER LAWS OUT THERE THAT WOULD ALLOW

US TO SUE SOMEONE, SAY, FOR EMOTIONAL DISTRESS. THE REASON WHY THIS

NYS ASSEMBLY MAY 27, 2020

ONE IS PARTICULARLY DIFFERENT IS BECAUSE IT DEALS WITH THE PSYCHOLOGICAL

EFFECTS OF WHAT HAS HAPPENED TO US AS CHILDREN. IT TOOK ME

20-SOME-ODD YEARS TO EVEN RAISE THE ISSUE TO ANYONE OUTSIDE OF MY

FAMILY. I STILL, MYSELF, HAVE YET TO MAKE A DECISION WHETHER I'M GOING

TO SUE. AND THE REASON WHY THIS SHOULD BE CONSIDERED A COVID BILL,

AND EVEN MORE IMPORTANT NOW, IS BECAUSE THE ISOLATION THAT MANY OF US

HAVE BEEN FORCED TO LIVE IN, THE PAIN THAT HAS COME WITH SO MANY

DEATHS IN OUR COMMUNITY WITH SOMETIMES EVEN EXPERIENCING ABUSE,

AGAIN, BECAUSE MANY OF US HAVE SEEN THE RATES OF ABUSER IN COVID

SKYROCKET. THAT MEANS THAT FOR MANY SURVIVORS, WHAT COVID HAS

DONE IS BRING UP THAT PAIN AGAIN. AND PERHAPS THEY HAD NOT MADE A

DECISION OF WHETHER TO SUE OR NOT OR PERHAPS THEY HAD IT NOW WE GIVE

THEM A CHANCE TO MAKE A DIFFERENT DECISION. THERE IS NO FINALITY TO OUR

PAIN. THE IDEA THAT THERE SHOULD BE FINALITY TO THE FACT THAT SOMEONE

ABUSED THEIR POWER TO ABUSE A CHILD, FRANKLY, IT'S DISGUSTING. WE

WOULDN'T ASK A FAMILY MEMBER WHOSE CHILD WAS MURDERED, THERE

SHOULD BE SOME FINALITY TO YOUR PAIN. BUT I HAVE COLLEAGUES AND

LEGISLATORS ASKING THAT THERE BE FINALITY TO MY EMOTIONAL DISTRESS, THE

EMOTIONAL DISTRESS OF MILLIONS OF SURVIVORS AROUND OUR STATE. AND YOU

KNOW WHAT? GOOD FOR NEW JERSEY AND OTHER STATES THAT HAVE DONE THIS

BEFORE WE DID. WE'VE HAD TO FIGHT TOOTH AND NAIL TO FIRST GET THE BILL

AND NOW TO GET AN ADDITIONAL MEASLY YEAR. WE DESERVE THAT. AND YOU

KNOW WHAT? IF WE NEED TO COME BACK THE NEXT YEAR, WE'RE GOING TO

AGAIN BECAUSE THERE IS NO FINALITY TO OUR PAIN. AND I AM NOT HERE TO

MAKE ANY LEGAL OR LEGISLATIVE ARGUMENTS BECAUSE AS A LAWYER, TO ME,

NYS ASSEMBLY MAY 27, 2020

THOSE DON'T MATTER RIGHT NOW. AS A LEGISLATOR, WHAT I WANT TO DO IS

PROTECT THE PEOPLE WHO NEED PROTECTION. AND I DON'T REALLY CARE IF YET

ANOTHER CHURCH GOES BROKE. IF YET ANOTHER ENTITY WHO SHOULD'VE BEEN

PROTECTING SURVIVORS GOES BROKE. WHAT I CARE IS TO GIVE SURVIVORS THE

OPPORTUNITY TO SEEK THE JUSTICE THAT THEY DESERVE. THERE WERE SEVERAL

TIMES THAT I HEARD STATEMENTS ABOUT THERE ARE PLENTY OF LAWYERS OUT

THERE WILLING TO TAKE THE CASES. AND I HAVE TO TELL YOU, AS A LAWYER

MYSELF, I NEVER THOUGHT I'D SAY THE WORDS THERE ARE NOT ENOUGH LAWYERS

TO TAKE THESE CASES. BECAUSE MANY LAWYERS DIDN'T QUITE UNDERSTAND

WHAT THEY WERE GETTING INTO, BECAUSE MANY LAWYERS WERE NOT READY TO

TAKE ON AN ENTIRE CHURCH OR AN ENTIRE CHURCH DIOCESE. BECAUSE MANY

LAWYERS SIMPLY WANTED TO GET PAID UP FRONT AND THEY KNEW THAT THIS

WOULD BE LITIGATION THAT GOES ON FOR YEARS. AND BECAUSE FOR MANY

PEOPLE WHO DIDN'T WANT TO SUE THE GIGANTIC ENTITIES, ALL THEY WANTED

WAS THEIR DAY IN COURT. AND IF THERE WAS NO MONEY TO BE RECUPERATED,

SOMETIME LAWYERS JUST DIDN'T WANT IT.

AND SO I AM OF COURSE GOING TO BE VOTING IN THE

AFFIRMATIVE. AND I WANT OUR COLLEAGUES -- AND I URGE YOU TO DO THE

SAME BECAUSE, AGAIN, THERE IS NO FINALITY TO THE PAIN OF A CHILD WHO'S

HAD TO ENDURE SEXUAL ABUSE. AND THERE SHOULDN'T BE FINALITY TO THE

CULPABILITY AND OUR ABILITY TO TAKE ANYONE WHO DID THIS TO US TO COURT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER. I HADN'T

ORIGINALLY PLANNED TO SPEAK ON THIS BILL, BUT I'VE LISTENED TO THE DEBATE

NYS ASSEMBLY MAY 27, 2020

AND WHILE MY LEARNED COLLEAGUE MR. GOODELL IS A VERY FINE LAWYER WHO

UNDERSTANDS THE WAY PAPERS COULD BE NOTARIZED AND FILED, THE AVERAGE

PERSON, I DON'T THINK, HAS A GRASP OF THAT. AND SO I THINK THAT THIS IS

ABOUT REMEDYING A SOCIETAL ILL THAT WAS PERPETRATED ON CHILDREN FOR

DECADES BY MAJOR INSTITUTIONS AND MINOR INSTITUTIONS. AND INDIVIDUALS

WHO PREYED ON CHILDREN SPECIFICALLY, SPECIFICALLY, BECAUSE THEY WERE

POWERLESS. BECAUSE THEY COULD BE TALKED INTO FEELING THAT IT WAS THEIR

FAULT. THAT THEY COULD BE SHAMED INTO FEELING THAT SOMEHOW THEY WERE

-- THEY WERE CULPABLE. THAT NOBODY WOULD BELIEVE THEM. AND SOCIETY,

SOCIETY WRONGED THESE YOUNGSTERS AS WELL AS THE INSTITUTIONS. I'M

REMINDED OF THE FACT THAT FOR A LONG TIME THINGS LIKE DRUNK DRIVING

WERE JUST CONSIDERED, YOU KNOW, SORT OF A BAD IDEA, MAYBE. WHY?

BECAUSE A LOT OF PEOPLE WHO WERE PART OF THE ESTABLISHMENT DROVE

WHEN THEY WERE DRUNK. SO, THEY'RE NOT CRIMINALS SO IT SHOULDN'T BE A

CRIMINAL ACT. THIS IS PART OF US COMING TO TERMS WITH AND GOING

THROUGH A PROCESS OF RECONCILIATION WITH THE CHILDREN WHO HAVE BEEN

WRONGED. YES, WE GAVE THEM A YEAR TO FIGURE IT OUT AND GET

THEMSELVES TOGETHER, FIND A LAWYER, GO AFTER THE INSTITUTION THAT KNEW --

KNEW WHAT THEY WERE DOING, AND IN MANY INSTANCES TOOK THE

PERPETRATORS THAT THEY WERE WELL AWARE OF AND PUT THEM SOMEWHERE

ELSE SO THERE WAS THIS SORT OF REVOLVING DOOR OF PEOPLE BEING SHUNTED

AROUND AND CREATING MORE AND MORE AND MORE VICTIMS. YEAH, IT WAS A

COMPROMISE FOR A ONE-YEAR LOOKBACK BECAUSE THESE WERE POWERFUL

INSTITUTIONS, AND THESE CHILDREN WHO ARE NOW PERHAPS GROWN

INDIVIDUALS WHO HAVE SUFFERED THIS PAIN FOR YEARS, WHERE'S THAT STATUTE

NYS ASSEMBLY MAY 27, 2020

OF LIMITATION ON THEIR PAIN, ON THEIR SUFFERING? YES, IT WOULD BE NICE TO

HAVE A FINAL DATE AND SOME CLOSURE. I HATE THAT WORD "CLOSURE,"

BECAUSE IT DOESN'T EXIST. THERE'S JUST GETTING ON WITH LIFE. BUT IT

DOESN'T STOP THE PAIN. SO, YEAH, I THINK THERE WAS SOME THOUGHT BEFORE

THIS THAT WE WOULD, IN FACT, REVISIT THIS -- THIS STATUTE OF LIMITATIONS, THIS

LOOKBACK PERIOD OF A YEAR, AND THEN THE PANDEMIC HAPPENED. AND WE

HAVE NO IDEA HOW MANY PEOPLE WHO WERE AFFECTED AS CHILDREN WHO

HAD BEEN THINKING ABOUT FILING BECAME ILL. LOST FAMILY MEMBERS.

THEY HAVE NO JOBS, THEY HAVE NO RESOURCES. AND SURE, IT'S EASY TO FIND

LAWYERS BECAUSE THERE ARE ADVERTISEMENTS ON TV. THEY DON'T WANT THE

INDIVIDUAL WHO JUST WANTS TO GET THEIR SENSE OF JUSTICE. THEY WANT

SOME PLACE WHERE THEY'RE GOING TO HAVE A PAYDAY. THAT'S WHY THEY'RE

ADVERTISING ON TV.

SO I THINK THIS IS A MODEST, MODEST ADJUSTMENT IN

WHAT HAD BEEN A -- AN INAPPROPRIATE COMPROMISE THAT HAS NOW BEEN

TURNED ON ITS HEAD BECAUSE OF THE PANDEMIC. SO I SEE IT TOTALLY,

REASONABLY CONNECTED TO THIS PANDEMIC. AND ALL OF THE UPHEAVAL IN

SOCIETY WHERE, WHERE DO I GET A LAWYER? ARE THE COURTS OPEN? I CAN'T

FIGURE OUT WHAT THIS EXECUTIVE ORDER MEANS FOR ME. THIS WILL MAKE IT

CLEAR THAT PEOPLE WILL HAVE SOME ADDITIONAL TIME. AND, FRANKLY, WE

WON'T BE OUT OF THE PANDEMIC BY THE BEGINNING OF NEXT YEAR BECAUSE

THERE ISN'T GOING TO BE A VACCINE BY THE BEGINNING OF NEXT YEAR. AND

HOW MANY PEOPLE HAVE ALREADY SAID, WELL, I DON'T KNOW IF I'M GOING TO

TAKE THE VACCINE. WE HAVE A LOT OF -- WE HAVE A LOT OF PROBLEMS. BUT

THIS, THIS NEEDS TO BE DONE ON BEHALF OF THOSE WHO HAVE BEEN

NYS ASSEMBLY MAY 27, 2020

VICTIMIZED. THIS IS ABOUT STANDING UP FOR VICTIMS. WE'RE VERY PROUD

OF STANDING UP FOR VICTIMS, EXCEPT THESE CHILDREN WHO WERE VICTIMIZED

BY INSTITUTIONS AND INDIVIDUALS WHO PREYED ON THEM SPECIFICALLY

BECAUSE THEY WERE CHILDREN.

I URGE EVERYBODY TO SEARCH THEIR CONSCIENCE AND VOTE

IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER.

FIGHTING TO PASS THE CHILD VICTIMS ACT HAS BEEN THE FIGHT OF A LIFETIME,

AND I AM SO HONORED TO HAVE PLAYED A ROLE IN GETTING THE EXTENDER OVER

THE FINISH LINE. EACH OF THESE CASES REPRESENTS A SURVIVOR WHO WAS

SILENCED FIRST BY THEIR ABUSER, AND THEN BY A BROKEN SYSTEM THAT DIDN'T

PROVIDE THEM WITH ENOUGH TIME TO GO FORWARD, TO COME FORWARD. THE

WINDOW HAS ALREADY ENABLED NEARLY 2,000 SURVIVORS TO FIND THEIR VOICE

AND DEMAND JUSTICE. BUT WE KNOW THAT THERE ARE SO MANY MORE OUT

THERE. SOMETIMES OPENING THE WINDOW AND LETTING THE LIGHT SHINE IN ON

SOMEONE WHO HAS BEEN IN THE DARK -- IN THE DARKNESS FOR YEARS CAN BE

BLINDING. THAT'S THE WAY IT IS FOR SO MANY SURVIVORS OF CHILDHOOD

SEXUAL ASSAULT. AFTER YEARS OF SUFFERING IN SILENCE, WE START A

COUNTDOWN CLOCK ON JUSTICE THAT IS NOT CONDUCIVE TO ALLOWING A

SURVIVOR TO MAKE THE COMPLEX AND EMOTIONALLY-FRAUGHT DECISION ABOUT

WHETHER TO COME FORWARD. ONE YEAR IS SIMPLY NOT ENOUGH. AND THE

ADDITION, THE LAYER OF THE PANDEMIC WITH CONFUSING ORDERS,

CONSTITUTIONAL QUESTIONS, THEY SHOULDN'T BE SUBJECTED TO THAT, AND THAT'S

NYS ASSEMBLY MAY 27, 2020

WHY EXTENDING THE LOOKBACK WINDOW FOR ANOTHER YEAR MAKES SENSE.

JUST LIKE NEW JERSEY HAS TWO YEARS. MINNESOTA, A THREE-YEAR WINDOW.

CALIFORNIA, A THREE-YEAR WINDOW. SOME STATES HAVE NO LIMIT ON A

LOOKBACK WINDOW BECAUSE THE ACTS THAT WERE DONE ON THESE CHILDREN

WERE SO TERRIBLE.

NOW, DURING THIS TIME PERIOD THERE ARE MANY

SURVIVORS WHO WEREN'T SURE WHAT TO DO. THEY JUST LEARNED THAT THE

WINDOW WAS OPEN. THEY'RE SCRAMBLING TO MAKE A DECISION. THERE ARE

OTHERS WHO CAN'T FIND LAWYERS BECAUSE THEY WERE ABUSED BY A FAMILY

MEMBER OR A FRIEND. AND THERE ARE STILL OTHERS FOR WHOM AFTER YEARS OF

SILENCE AND SHAME, ONE YEAR IS STILL NOT ENOUGH FOR THEM TO COME TO

TERMS AND MUSTER THE COURAGE TO MAKE THE EMOTIONALLY-COMPLICATED

DECISION TO COME FORWARD.

ALL STATUTES OF LIMITATION EXIST TO PROTECT AND BALANCE

THE INTERESTS OF JUSTICE, CLOSING THE WINDOW AT THE END OF ONE YEAR

DURING A GLOBAL PANDEMIC THAT CLOSED THE COURTS AND TURNED EVERYONE'S

LIVES UPSIDE DOWN DOES NOT SERVE THE INTERESTS OF JUSTICE. ESPECIALLY

NOT WHEN WE KNOW THAT SO MANY SURVIVORS NEED MORE TIME, AND WHEN

WE KNOW THAT OTHER STATES HAVE PROVIDED THAT EXTRA TIME. CLOSING THE

WINDOW WOULD SERVE THE NARROW INTERESTS OF THOSE WHO WANT TO HIDE

AND PREVENT SURVIVORS FROM ACHIEVING SOME MODICUM OF HEALING. WE

KNOW THAT THE ARCHDIOCESE OF ROCKVILLE CENTER WENT TO COURT TO SAY

THAT THE WINDOW WAS UNCONSTITUTIONAL. THEY WERE RULED WRONG, BUT

THEY WILL APPEAL. I THOUGHT IT MIGHT PUT AN END TO THAT -- TO THAT KIND OF

BEHAVIOR, BUT IT'S NOT. PEOPLE ARE -- AND INSTITUTIONS ARE STILL NOT WILLING

NYS ASSEMBLY MAY 27, 2020

TO TAKE RESPONSIBILITY FOR THEIR NEGLIGENCE IN PROTECTING PREDATORS AND

THEN SHUFFLING THEM TO NEW PLACES WHERE THEY COULD HIT ON AND ABUSE

MORE CHILDREN. IT'S NOTHING MORE REPREHENSIBLE.

I'M PROUD TO SPONSOR THIS LEGISLATION ALONG WITH MY

PARTNER IN THE SENATE, BRAD HOYLMAN, TO EXTEND THE CVA WINDOW FOR

ONE ADDITIONAL YEAR. AND I WOULD ALSO LIKE AT THIS TIME TO THANK THE

SPEAKER AND THE STAFF FOR MOVING THIS ALONG WITH ME, AND SURVIVORS

AND ADVOCATES WHO HAVE SHARED THEIR PAIN AND USED THEIR VOICES TO

MAKE THIS MOMENT POSSIBLE. AND I WILL READ SOME NAMES: MICHAEL

POLENBERG AND THE SAFE HORIZON COALITION; ASHER LOVY; BRIAN TOALE,

BRIDIE FARRELL AND AMERICA LOVES KIDS; FORMER ASSEMBLY STAFFER TOM

ANDRIOLA; THE BROWN SISTERS, HELA KOPPELL (PHONETIC); MISS CASA

(PHONETIC); DOWNSTATE CRIME VICTIMS SERVICES; MELANIE BLOW; STOP

ABUSE CAMPAIGN; CENTER FOR THE INDEPENDENCE OF THE DISABLED IN

NEW YORK; AMELIA TRAMONTANO; KATHERINE RABE AND MARCI HAMILTON

FROM CHILD USA ADVOCACY; AND JESSICA SCHAFROTH. THAT IS A

SAMPLING OF PEOPLE WHO HAVE NEVER LOST FAITH IN OUR LEGISLATURE TO DO

THE RIGHT THING, AND I THANK THEM ALL.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

ON ASSEMBLY PRINT A.9036, THIS IS A FAST ROLL CALL.

AND ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS

NYS ASSEMBLY MAY 27, 2020

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. CRUZ TO EXPLAIN HER VOTE.

(PAUSE)

MR. MOSLEY TO EXPLAIN HIS VOTE. IF MS. CRUZ COMES

BACK IN, WE WILL RECOGNIZE HER.

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

EXPLAIN MY VOTE. I JUST WANTED TO SAY I'M SO PROUD OF OUR BILL SPONSOR.

I WANT TO THANK THE SPEAKER FOR HIS LEADERSHIP, ALL THE ADVOCATE GROUPS

AND ALL THOSE -- I DON'T WANT TO CALL THEM "VICTIMS" BECAUSE TODAY I

THINK THIS IS A BIG VICTORY FOR EVERYBODY. VICTIMS AND FAMILY MEMBERS

ALIKE. I WANT TO THANK ALL THE, QUOTE, UNQUOTE -- I WANT TO THANK THE

SURVIVORS AND PARTICULARLY OUR COLLEAGUES WHO SHARED THEIR STORIES SO

COURAGEOUSLY OVER THESE MANY, MANY WEEKS AND MONTHS. I ALSO WANT

TO SAY THANK YOU TO MARGE MARKEY, WHO CARRIED THE BILL FOR SO MANY

YEARS AND WHO MADE A LEVEL OF SACRIFICE IN DOING SO. AND SO I WANT TO

ACKNOWLEDGE HER AND -- AND -- AND WHAT SHE WAS ABLE TO DO UP TO THE

POINT WHEN SHE LEFT THE ASSEMBLY. AND I ALSO WANT TO SAY THANK YOU TO

THE ASSEMBLY FOR REMAINING STEADFAST AND ADVOCATING AND ULTIMATELY

PASSING THIS BILL TODAY. EVEN IN THE MIDST OF A PANDEMIC WE

UNDERSTAND THAT THERE ARE STILL ISSUES THAT NEED TO BE RESOLVED THAT ARE --

THAT STAND HIGHER OR ARE PLACED HIGHER THAN EVEN A GLOBAL PANDEMIC,

AND I WANT TO THANK THE BILL SPONSOR FOR HER -- FOR HER COURAGEOUS ACTS

AND I WANT TO THANK HER ADVOCACY ON THIS PIECE OF IMPORTANT PUBLIC

NYS ASSEMBLY MAY 27, 2020

POLICY. AND I THINK TODAY IS A VICTORY FOR ALL NEW YORKERS AND A

VICTORY FOR OUR COUNTRY.

THANK YOU SO MUCH. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. MOSLEY IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

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

OPPORTUNITY TO EXPLAIN MY VOTE. I JUST WANTED TO THANK THE SPONSOR AND

ALSO TO THANK OUR SISTERS IN THE ASSEMBLY WHO HAVE -- WHO ARE

SURVIVORS AND WHO HAVE SHARED THEIR STORIES AND HAVE ADVOCATED SO

CONSISTENTLY AND SO BRAVELY FOR THE PASSAGE OF THIS BILL. I ALSO WANT TO

SAY THAT WHILE THE TWO YEARS PROBABLY SHOULD HAVE BEEN THE WINDOW IN

THE FIRST PLACE, THERE REALLY IS AN IMPACT ON COVID. FIRST OF ALL, IN MY

DISTRICT THE COURTS ARE NOT YET OPEN. AND SECONDARILY, WE'VE BEEN

TALKING ABOUT THE TRAUMA OF BEING AWAY AND NOT IN -- OUT IN SOCIETY AND

HOW MANY PEOPLE ARE STRUGGLING AND EXPERIENCING ANXIETY. THE TIMES

MENTIONED THE OTHER DAY THAT FULLY A THIRD OF AMERICANS ARE

EXPERIENCING ANXIETY FROM COVID-19. THAT, OF COURSE, WILL HAVE AN

EVEN GREATER IMPACT ON PEOPLE WHO ARE SURVIVORS OF CHILD SEXUAL

ABUSE.

SO, I THINK IT ABSOLUTELY IS NEEDED, IT IS ABSOLUTELY A

COVID-19 IMPACT, AND I'M VERY HONORED TO -- TO VOTE IN FAVOR OF THIS

TODAY. THANK YOU.

ACTING SPEAKER AUBRY: MS. NIOU TO EXPLAIN

HER VOTE.

NYS ASSEMBLY MAY 27, 2020

MS. NIOU: THANK YOU, MR. SPEAKER. I JUST WANTED

TO SAY THANK YOU TO THE BILL SPONSOR AND FOR, AGAIN, ALL OF THE FOLKS WHO

STOOD UP TO SPEAK IN FAVOR OF THE BILL. I THINK THAT IT IS SO INCREDIBLY

IMPORTANT FOR US TO ACKNOWLEDGE THE FACT THAT THIS IS TRAUMA THAT

DOESN'T END. THERE IS NO CLOSURE. THERE IS NO FINALITY. AND I THINK

THAT, YOU KNOW, LIVING WITH -- LIVING WITH THIS TRAUMA, WITH THIS HORROR,

YOUR WHOLE LIFE, YOU FEEL THE EFFECTS OF IT DAY TO DAY. AND SO HAVING

JUST A LITTLE BIT MORE TIME FOR FOLKS IS NOT -- IS NOT GOING TO -- IS NOT

GOING TO END THE WORLD. I THINK THAT WHEN MY WORLD ENDED, THAT WAS --

THAT WAS SOMETHING TO -- TO SPEAK ABOUT. I JUST WANTED TO SAY AGAIN,

THANK YOU TO THE FOLKS WHO WANT TO PROTECT CHILDREN. AGAIN, THIS IS NOT

A BILL THAT IS MEANT TO HURT ANY KIND OF INSTITUTION. IT IS MEANT TO

PROTECT KIDS. IT IS MEANT TO MAKE SURE THAT CHILDREN STAY SAFE, AND THAT

WE CAN MAKE SURE TO FIGHT FOR THE PEOPLE OF OUR STATE.

THANK YOU. I'M -- I'M IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. NIOU IN THE

AFFIRMATIVE. THANK YOU.

MR. GOODELL.

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

MEMBERS WHO ARE VOTING NO ON THIS BILL INCLUDE MR. DIPIETRO, MR.

LAWRENCE, MR. MONTESANO, MR. RA, MR. STEC, MR. FITZPATRICK, MS.

BYRNES AND MR. CROUCH.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

NYS ASSEMBLY MAY 27, 2020

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 3, RULES REPORT NO. 28.

THE CLERK: SENATE NO. S08122-B, SENATOR

COMRIE (A10241-A, HYNDMAN, BUTTENSCHON, OTIS, BICHOTTE,

DENDEKKER, COLTON). AN ACT IN RELATION TO EXTENDING THE DEADLINE FOR

THE FILING OF APPLICATIONS AND RENEWAL APPLICATIONS FOR REAL PROPERTY TAX

ABATEMENT PROGRAMS.

ACTING SPEAKER AUBRY: MS. HYNDMAN, AN

EXPLANATION IS REQUESTED.

MS. HYNDMAN: OF COURSE. THIS BILL EXTENDS ALL

DEADLINES FOR THE FILING OF APPLICATIONS AND RENEWAL APPLICATIONS DUE TO

-- DUE TO BE FILED IN THE CALENDAR -- CALENDAR YEAR 2020 FOR ANY REAL

PROPERTY TAX ABATEMENT OR EXEMPTION PROGRAM TO JULY 15, 2020 AT LOCAL

OPTION. THE LANGUAGE ALSO PROVIDES FOR AN APPEAL PROCEDURE REGARDING

THE DENIAL OF AN EXEMPTION OR ABATEMENT IN RELATION TO APPLICATIONS

SUBMITTED IN ACCORDANCE WITH THE JULY 15TH DEADLINE TO ENSURE LOCAL

ASSESSMENT ROLL -- ROLL CALENDARS ARE NOT IMPACTED.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. HYNDMAN, WILL

YOU YIELD?

MS. HYNDMAN: YES.

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: MS. HYNDMAN YIELDS.

MR. GOODELL: THANK YOU, MS. HYNDMAN. YOU

MENTIONED THAT THIS EXTENSION OF THE TIME TO FILE FOR AN EXEMPTION

WOULD BE AT LOCAL OPTION. IS THAT CORRECT?

MS. HYNDMAN: YES.

MR. GOODELL: AND I -- BY THE WAY, I GENERALLY

SUPPORT LOCAL OPTIONS BECAUSE I RECOGNIZE THAT THE LOCAL GOVERNMENT IS

IN A MUCH BETTER SITUATION TO RECOGNIZE AND RESPOND TO UNIQUE LOCAL

NEEDS. MY QUESTION, THOUGH, IS, WHICH LOCALITY WOULD MAKE THAT

DECISION? AND THE REASON THAT I ASK IS BECAUSE OFTEN THE TAX ASSESSOR IS

A TOWN EMPLOYEE OR A CITY EMPLOYEE, BUT THE ASSESSMENT ROLL AFFECTS

COUNTIES, FIRE DISTRICTS, VILLAGES AND SCHOOL DISTRICTS. SO WOULD IT BE THE

ASSESSING LOCAL JURISDICTION THAT MAKES THE DECISION?

MS. HYNDMAN: IF THEY'RE OVERLAPPING

MUNICIPALITIES THEY WOULD HAVE TO COME TO THE DECISION TOGETHER.

MR. GOODELL: WELL, THE CONCERN THAT I HAVE IS

THAT IN MOST MUNICIPALITIES ACROSS THE STATE, MOST COUNTIES, THE TAX

ASSESSMENT DATE IS MARCH 1ST, WHICH, AS YOU KNOW, PRECEDED ANY OF

THE EMERGENCY DECLARATIONS THAT WE HAD RELATED TO COVID. BUT THAT

MARCH 1ST ASSESSMENT DATE ESTABLISHED THE TAX BASE THAT SOME USED FOR

VILLAGE BUDGETS, MANY OF WHICH ARE ADOPTED IN MAY AND JUNE, AND FOR

SCHOOL BUDGETS WHICH ARE ADOPTED IN JUNE. SO IF A TOWN WHOSE BUDGET

IS NOT ADOPTED UNTIL JANUARY, GENEROUSLY EXTENDS THE EXEMPTION DATE TO

JULY, THAT COULD HAVE A SIGNIFICANT IMPACT ON THE TAX REVENUES OF

SCHOOLS AND VILLAGES AND EVERY OTHER TAXING ENTITY THAT RELIES ON THAT

NYS ASSEMBLY MAY 27, 2020

TAX BASE. IT WON'T AFFECT THE TOWN THAT MAKES THE DECISION BECAUSE THE

TOWN BUDGET WON'T OCCUR UNTIL SIX MONTHS LATER. BUT IT WOULD HAVE A

RETROACTIVE EFFECT ON VILLAGES AND PERHAPS -- WELL, IN SCHOOLS AS WELL.

DOES THIS BILL ADDRESS THAT ISSUE?

MS. HYNDMAN: WELL, IT KEEPS PEOPLE WHO ARE IN

THE PROGRAM IN THE PROGRAM. AND YOU ARE RIGHT ABOUT THAT NO -- THAT NO

EMERGENCY DECLARATIONS WERE MADE PRIOR TO MARCH 1ST. BUT THAT

DOESN'T MEAN THAT INSTANCES WERE OCCURRING WHICH WOULD DELAY

ASSESSMENTS -- OR ABATEMENTS, SORRY. SO IF PEOPLE WERE GETTING SICK, IF

-- IF DEADLINES WEREN'T BEING MADE, THEN THIS -- THEN THIS ALLOWS THE

EXTENSION TO JULY 1ST -- JULY 15TH, RATHER.

MR. GOODELL: OKAY. THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS.

MS. HYNDMAN: OKAY.

MR. GOODELL: SIR, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I -- I APPRECIATE THE SPONSOR'S

DESIRE TO PROVIDE LOCAL MUNICIPALITIES WITH SOME FLEXIBILITY, AND I

SUPPORT THAT CONCEPT. I WOULD CERTAINLY ENCOURAGE ALL OF OUR LOCAL

MUNICIPALITIES TO EXERCISE THAT RESPONSIBILITY CAREFULLY AND

THOUGHTFULLY, RECOGNIZING THAT AN EXTENSION IN THE TAX ASSESSMENT DATE

CAN HAVE AN IMPACT ON OTHER MUNICIPALITIES, SCHOOL DISTRICTS, FIRE

DISTRICTS OR VILLAGES WHO MAY HAVE ALREADY ADOPTED THEIR BUDGET ON THE

ASSUMPTION THAT THE TAX STATUS (UNINTELLIGIBLE) GAVE THEM AN ACCURATE

NYS ASSEMBLY MAY 27, 2020

TAX BASE. AND THE PROBLEM, IN A SIMPLE WAY, IS IF A MUNICIPALITY GRANTS

AN EXTENSION TO JULY 1ST OR JULY 31ST AND THERE'S A SIGNIFICANT REDUCTION

IN THE TAX BASE, ALL OF THOSE TAXING ENTITIES THAT HAVE BASED THEIR

BUDGETS ON THE TAX RATE ON THE EARLIER NUMBER WILL FACE AN

UNANTICIPATED SHORTFALL THROUGH NO FAULT OF THEIR OWN. AT THE SAME

TOKEN, I -- I RECOGNIZE THAT HISTORICALLY THIS LEGISLATIVE BODY HAS

CONSIDERED A HALF-A-DOZEN LOCAL BILLS EVERY YEAR FROM SOME

NOT-FOR-PROFIT AGENCY OR ORGANIZATION THAT DOES VALUABLE WORK IN OUR

COMMUNITIES THAT DIDN'T REALIZE THAT THEY HAD TO FILE AN APPLICATION

BEFORE MARCH 1ST. AND WE, BY LOCAL LAW, HAVE AUTHORIZED LATE

EXTENSIONS AND WE DO IT ALMOST ROUTINELY. AND BECAUSE WE ALMOST

ALWAYS APPROVE OF THOSE LATE FILINGS BY LEGISLATIVE ACTION ANYWAY, I SEE

THIS IS AN OPPORTUNITY TO RECOGNIZE THAT WE, AS A LEGISLATIVE BODY, WHILE

WORKING WITH REMOTE VOTING AND THE CHALLENGES OF ZOOM, MAY

MINIMIZE ANY UNNECESSARY LEGISLATION THAT CAN BE ADDRESSED ON THE

LOCAL LEVEL.

SO NOTWITHSTANDING MY CONCERNS OF THE IMPACT

RECOGNIZING THE REALITIES OF OUR LIMITATIONS, I WILL BE SUPPORTING THIS

BILL. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

ON ASSEMBLY BILL NO. A10241-A, THIS IS A FAST ROLL

NYS ASSEMBLY MAY 27, 2020

CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS

REMINDED TO CONTACT THE MEMBER'S MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. HYNDMAN TO EXPLAIN HER VOTE.

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

THE CURRENT COVID-19 PANDEMIC FACING OUR STATE, MANY AGENCIES HAVE

NOT BEEN ABLE TO PERFORM THEIR DUTIES IN ASSISTING PROPERTY OWNERS WITH

SUCH APPLICATIONS AND RENEWAL APPLICATIONS. THIS LEGISLATION WILL

ASSURE NO PROPERTY OWNER MISSES OUT ON A REAL PROPERTY TAX ABATEMENT

OR EXEMPTION ON THEIR 2021-2022 ASSESSMENT DUE TO THE COVID-19

PANDEMIC.

AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RULES -- PAGE 4, RULES REPORT NO. 31.

THE CLERK: SENATE NO. S08192, SENATOR HOYLMAN

(A10290-B, DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS, JAFFEE,

GOTTFRIED, ORTIZ, RAMOS, SIMON, OTIS, BICHOTTE, L. ROSENTHAL, MOSLEY,

DENDEKKER). AN ACT IN RELATION TO PROHIBITING THE EVICTION OF

RESIDENTIAL TENANTS WHO HAVE SUFFERED FINANCIAL HARDSHIP DURING THE

COVID-19 COVERED PERIOD.

NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

MR. DINOWITZ: OKAY. THANK YOU. I'M ON?

ACTING SPEAKER AUBRY: YOU'RE ON.

MR. DINOWITZ: GREAT. THE PURPOSE OF THE BILL IS

TO HELP KEEP RESIDENTIAL TENANTS IN THEIR HOMES FOLLOWING THE

COVID-19 PANDEMIC BY ALLOWING ONLY MONEY JUDGMENTS AND NOT

EVICTIONS FOR UNPAID RENT THAT COMES DUE DURING THE COVID-19 STATE

DISASTER EMERGENCY.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

MR. DINOWITZ AS WELL.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I CERTAINLY APPRECIATE THE SPONSOR'S

DESIRE TO HELP THOSE WHO ARE SUFFERING FROM A LOSS IN INCOME AS A RESULT

OR DURING THE COVID CRISIS. HOWEVER, I DO NOT FEEL THAT IT IS

APPROPRIATE TO TAKE THE POSITION THAT EVERY CONTRACT FOR RESIDENTIAL

APARTMENTS CAN'T BE SIMPLY IGNORED AS THOSE CONTRACTS MIGHT RELATE TO

AN EVICTION PROCESS FOR NONPAYMENT. IF THIS BILL WERE TO PROVIDE STATE

FUNDING TO ASSIST THOSE WHO SUFFERED FROM A FINANCIAL LOSS SO THAT THEY

COULD MAKE THOSE RENTAL PAYMENTS, I WOULD BE SUPPORTING IT. BUT A BILL

THAT SIMPLY SAYS WE ARE GOING TO IMPAIR THE VALIDITY OF EVERY CONTRACT

INVOLVING ANYONE WHO DOESN'T WANT TO PAY RENT AND THEY ARE MAKING

NYS ASSEMBLY MAY 27, 2020

LESS DURING THIS PERIOD THAN BEFORE, THAT APPROACH EXCEEDS OUR

CONSTITUTIONAL AUTHORITY. ARTICLE 1, SECTION 10, CLAUSE 1 OF THE FEDERAL

CONSTITUTION, THE U.S. CONSTITUTION, IS VERY CLEAR. IT SAYS, NO STATE

SHALL PASS ANY LAW IMPAIRING THE OBLIGATIONS OF CONTRACTS. YET, THAT IS

EXACTLY WHAT THIS DOES, BECAUSE EVERY REAL ESTATE CONTRACT SAYS IF YOU

DON'T PAY THE RENT, WE HAVE THE RIGHT TO EVICT YOU. THE FIFTH

AMENDMENT TO THE UNITED STATES CONSTITUTION IS EVEN MORE APPLICABLE,

BECAUSE IT SAYS NO PRIVATE PROPERTY SHALL BE TAKEN FOR PUBLIC USE

WITHOUT JUST COMPENSATION. AND SO WHEN THE STATE LEGISLATURE SAYS TO

A LANDLORD, YOU CANNOT RECOVER YOUR PROPERTY EVEN IF THE TENANT'S NOT

PAYING IS EXACTLY THE SAME AS IF THE GOVERNMENT SEIZED THAT RENTAL UNIT,

AND HAVING SEIZED IT FROM THE PRIVATE OWNER, GAVE IT TO THE TENANT TO

CONTINUE TO USE WITHOUT HAVING TO PAY RENT AND WITHOUT WORRYING ABOUT

AN EVICTION.

NOW, I'M AWARE THAT THIS LEGISLATION SAYS THE

OBLIGATION TO PAY RENT CONTINUES. BUT THAT'S A HOLLOW OFFER. BECAUSE

THOSE WHO DON'T PAY RENT FOR AN EXTENDED TIME PERIOD BECAUSE OF A

FINANCIAL HARDSHIP DO NOT HAVE THE FUNDS TO EVER PAY IT. WHICH MEANS

WE ARE REALLY SEIZING PRIVATE PROPERTY WITHOUT COMPENSATION TO

ACCOMPLISH OUR OBJECTIVES WITHOUT PAYING FOR IT. AND THAT VIOLATES THE

FIFTH AMENDMENT, WHICH PRECLUDES GOVERNMENT TAKING PRIVATE

PROPERTY WITHOUT COMPENSATION. THIS BILL ALSO VIOLATES THE

CONSTITUTIONAL PRINCIPLE OF SEPARATION OF POWERS. THE SEPARATION OF

POWERS DOCTRINE IS QUITE STRAIGHTFORWARD. IT SAYS EACH OF OUR THREE

LEGISLATIVE, EXECUTIVE AND JUDICIARY BRANCHES HAVE THEIR OWN

NYS ASSEMBLY MAY 27, 2020

RESPONSIBILITY AND AUTHORITY, AND IT IS INAPPROPRIATE FOR ANY BRANCH OF

GOVERNMENT TO INTERFERE WITH THE PROPER OPERATION OF A DIFFERENT

BRANCH, YET THAT'S EXACTLY WHAT THIS BILL DOES. THIS BILL SAYS TO THE

JUDICIAL SYSTEM, YOU SHALL NOT ISSUE AN EVICTION WARRANT. IT DIRECTLY

CONFLICTS WITH COMMON LAW WHICH WAS INCORPORATED INTO OUR STATE

CONSTITUTION, AND INTERFERES WITH A SEPARATE INDEPENDENT JUDICIARY.

AND BY SO DOING, ALSO INTERFERES WITH DUE PROCESS. LOOKING AT THE

PARTICULAR STATUTORY LANGUAGE, THIS BILL WOULD EXEMPT AND EXCUSE ANY

EVICTION AS LONG AS THERE ARE ANY EXECUTIVE ORDERS THAT AFFECT ANY

GATHERINGS OF INDIVIDUALS OF ANY SIZE OR ANY REASON, WHICH IS AN

EXTRAORDINARILY BROAD DEFINITION BECAUSE, FOR EXAMPLE, IF THERE'S AN

EXECUTIVE ORDER THAT LINGERS WELL AFTER EVERYTHING ELSE IS OPEN BUT

PREVENTS PEOPLE FROM, SAY, ATTENDING A METS GAME BECAUSE IT'S IN A

CROWDED STADIUM - THINK ABOUT THAT - THIS BILL WOULD SAY YOU'RE NOT

SUBJECT TO ANY EVICTION. YOU'RE NOT SUBJECT TO ANY EVICTION IF YOU CAN'T

GO TO A METS GAME. THAT IS AN EXTRAORDINARILY BROAD CLASSIFICATION AND

WAY TOO BROAD. IN DETERMINING WHO IS ELIGIBLE FOR THIS, THEY LOOK AT A

DIFFERENCE IN INCOME THAT YOU HAD BEFORE COVID AND DURING. BUT

THERE'S NO EVALUATION OVER WHY THAT DIFFERENCE OCCURS OR WHETHER IT IS

IN ANY WAY RELATED TO COVID. SO YOU COULD HAVE BEEN FIRED FOR A

CAUSE AT THE END OF LAST YEAR. I MEAN, MAYBE YOU WERE DOING

SOMETHING ENTIRELY INAPPROPRIATE, LIKE DRIVING A SCHOOL BUS DRUNK.

THANKFULLY, THAT HASN'T OCCURRED IN OUR STATE AS FAR AS I KNOW, BUT IT HAS

OCCURRED IN OTHER STATES OR ANY OTHER REASON THAT YOU WERE FIRED. UNDER

THIS BILL YOU WOULD BE EXEMPT FROM -- FROM ANY EVICTION. THIS BILL

NYS ASSEMBLY MAY 27, 2020

TRANSFERS OWNERSHIP AND POSSESSION FROM THE LANDLORD TO THE TENANT BY

PREVENTING THE LANDLORD FROM REACQUIRING HIS LAWFUL POSSESSION OF HIS

OWN PROPERTY EVEN THOUGH THE TENANT'S NO LONGER PAYING ANY RENT. THE

LONG-TERM IMPLICATIONS TO THE REAL ESTATE MARKET ARE HORRIFIC. THIS BILL

WILL DESTROY THE REAL ESTATE MARKET FOR MANY SMALL LANDLORDS. MOST OF

OUR UPSTATE COUNTIES DO NOT HAVE LARGE APARTMENT COMPLEXES OWNED

BY MULTI-MILLION OR BILLION-DOLLAR CORPORATIONS. IT'S A FAMILY THAT MIGHT

OWN A COUPLE OF APARTMENT UNITS. SENIOR CITIZENS WHO ARE RELYING ON

THAT INCOME TO KEEP THEM THROUGH. SO IF THEY ISSUE A BLANKET

EXEMPTION FROM ANY EVICTION FOR MONTHS, IF NOT YEARS ON END, WOULD BE

DEVASTATING. AT THE SAME TIME, THIS BILL ELIMINATES ANY REMEDY TO GET A

NON-PAYING TENANT OUT SO YOU CAN GET A PAYING TENANT IN. IT DOES

NOTHING TO ADDRESS THE FACT THAT IN SEPTEMBER ALL THESE LANDLORDS ARE

GOING TO BE GETTING A SCHOOL TAX BILL, INCLUDING ALL OF THE SMALL

LANDLORDS THAT ONLY OWN A COUPLE OF UNITS AND DEPEND ON THAT RENT TO

MAKE THEIR SCHOOL TAX. AND THREE MONTHS LATER WE GET A COUNTY TAX

BILL. AND IF THIS BILL PUTS THOSE LANDLORDS OUT OF BUSINESS, IT'S GOING TO

CREATE EVEN MORE OF A HOUSING CRISIS IN THOSE AREAS OF OUR STATE THAT ARE

ALREADY DEALING WITH LARGE HOMELESSNESS.

NOW, THIS BILL SAYS THAT YOU'RE NOT ELIGIBLE IF YOU HAVE

LIQUID ASSETS. AND PRESUMABLY, THAT MEANS YOU ARE ELIGIBLE IF YOUR

ASSETS ARE NOT LIQUID. SO WHAT'S A NOT LIQUID ASSET? IT'S ACTUALLY CALLED

"ILLIQUID." AND IT INCLUDES REAL ESTATE INVESTMENTS. IT INCLUDES LAND,

EQUIPMENT, MACHINERY. MIGHT EVEN INCLUDE PRIVATE MARKET FIXED

INCOME. NOW KEEP IN MIND, WE ALREADY HAVE PROGRAMS IN PLACE TO

NYS ASSEMBLY MAY 27, 2020

HELP PEOPLE WHO ARE IN POVERTY. IF YOU'RE IN POVERTY, YOU'RE ELIGIBLE

UNDER THE DEPARTMENT OF SOCIAL SERVICES AND OUR OTHER PROGRAMS FOR

RENTAL ASSISTANCE. IF YOU'RE WORKING POOR, YOU'RE ALREADY ELIGIBLE. WE

HAVE RENTAL SUPPORT PROGRAMS. YOU MAY BE ELIGIBLE FOR SECTION 8

HOUSING ASSISTANCE. WE HAVE LOW-INCOME HOUSING. WE ALREADY HAVE A

WHOLE SERIES OF PROGRAMS THAT MEET CONSTITUTIONAL REQUIREMENTS

BECAUSE IT DOESN'T REQUIRE A PRIVATE OWNER TO CONTRIBUTE, IF YOU WILL, OR

ALLOW THEIR PROPERTY TO BE SEIZED. THAT'S MORE ACCURATE.

(UNINTELLIGIBLE) BUT INSTEAD, ALL THOSE PROGRAMS SAY IF YOU PROVIDE YOUR

APARTMENT TO SOMEONE WHO CAN'T PAY AND THEY ARE INCOME ELIGIBLE, WE

WILL HELP YOU. THIS LEGISLATION IS NOT BASED ON INCOME ELIGIBILITY.

THERE'S NO REQUIREMENT THAT YOUR INCOME BE A CERTAIN PERCENTAGE OF

POVERTY. IT'S TRIGGERED IF YOU SUFFERED ANY DROP IN INCOME. IT'S NOT

BASED ON YOUR OVERALL INCOME. WE'VE SEEN ALL ACROSS THIS STATE THAT

INDIVIDUALS HAVE RECEIVED FEDERAL FINANCIAL ASSISTANCE OF $1,200 THAT

WE'VE HEARD ABOUT. THEY'VE GOTTEN -- IF THEY WERE UNEMPLOYED, THEY

GOT UNEMPLOYMENT, THEY GOT FEDERAL UNEMPLOYMENT. AND ALL THOSE

PROGRAMS REFLECT THE PROPER AND APPROPRIATE RESPONSE OF GOVERNMENT,

WHICH IS FOR GOVERNMENT TO DIRECTLY HELP THOSE IN NEED. BUT THIS BILL

DOESN'T ASK GOVERNMENT TO HELP THOSE IN NEED. IT TAKES ONE GROUP OF

PEOPLE AND SAYS -- SAYS TO THEM, YOU CAN NO LONGER REGAIN POSSESSION

OF YOUR OWN PROPERTY EVEN IF THERE'S A TENANT IN THERE THAT'S NO LONGER

PAYING, AND YOU MUST ALLOW THEM TO STAY ON YOUR PROPERTY AND USE IT

WITHOUT PAYING FOR MONTHS OR EVEN YEARS. THAT'S NOT GOVERNMENT

HELPING THOSE WHO NEED HELP. THAT'S GOVERNMENT ORDERING SOMEONE

100

NYS ASSEMBLY MAY 27, 2020

ELSE TO USE THEIR PRIVATE PROPERTY AT THEIR EXPENSE TO HELP SOMEONE THAT

WE THINK SHOULD BE HELPED. IT VIOLATES THE FIRST AMENDMENT -- I'M

SORRY, IT VIOLATES ARTICLE 1, THE CONTRACT CLAUSE. IT VIOLATES THE FIFTH

AMENDMENT. IT PROBABLY VIOLATES THE 14TH AMENDMENT. IT VIOLATES

THE SEPARATION OF POWERS, AND IT IS GROSSLY INAPPROPRIATE AND UNFAIR TO

LANDLORDS, ESPECIALLY THE SMALLER LANDLORDS WHO MAY NOT BE ABLE TO

SURVIVE THIS. AND IT IS LAYING THE FOUNDATION FOR A TREMENDOUS CRISIS

WITH THOSE LANDLORDS WHO ARE WILLING, UNDER CURRENT LAW, TO RENT THEIR

APARTMENTS TO THOSE WHO MAY BE ON THE EDGE OF BEING ABLE TO PAY FOR

THEIR APARTMENT. SO THE RICH, THEY'LL ALWAYS BE ABLE TO RENT AN

APARTMENT. FOR THE WORKING POOR, THIS WILL DESTROY THE HOUSING MARKET

THAT'S DESIGNED AND DOES TODAY HELP THEM, AND IN THE LONG-TERM WILL

RESULT IN A DESTRUCTION OF THE HOUSING MARKET AND AN INCREASE IN

HOMELESSNESS.

FOR THOSE REASONS, I WILL NOT BE SUPPORTING THIS AND

URGE MY COLLEAGUES TO ALSO REJECT IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. STECK.

MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER. I

WILL -- I WILL TRY TO BE BRIEF. THERE ARE A LOT OF GOOD POLICY REASONS FOR

THIS BILL. UNFORTUNATELY, I GET A LITTLE BIT ANNOYED WHEN I HEAR

MISCITATION OF CONSTITUTIONAL LAW PRINCIPLES AGAINST THIS BILL. I WANT TO

BEGIN BY POINTING OUT THAT THE IMPAIRMENT OF CONTRACTS CLAUSE IS

TOTALLY INCORRECTLY CITED. THE IMPAIRMENT OF CONTRACTS CLAUSE PREVENTS

GOVERNMENT FROM USING THE LEGISLATIVE OR THE EXECUTIVE POWER TO

101

NYS ASSEMBLY MAY 27, 2020

ABROGATE A CONTRACT WITH ITSELF. SO IN OTHER WORDS, IF A CONSTRUCTION

COMPANY ENTERS INTO A CONTRACT TO DO PAVING ON THE THRUWAY AND THE

GOVERNMENT DOESN'T HAVE ENOUGH MONEY, IT CAN'T PASS A LAW SAYING,

WE'RE NOT GOING TO HONOR THAT CONTRACT. IT HAS NOTHING TO DO WITH

ECONOMIC AND SOCIAL REGULATION SUCH AS THE REGULATION OF THE

RELATIONSHIP BETWEEN LANDLORDS AND TENANTS.

WITH RESPECT TO THE DUE PROCESS CLAUSE, DUE PROCESS

INVOLVES BOTH WHAT WE ARE DOING NOW - THIS IS A PART OF DUE PROCESS -

AND ALSO WHAT HAPPENS WHEN YOU GO TO A HEARING BEFORE A JUDGE.

THAT'S DUE PROCESS. AND WHEN THERE'S A COMPELLING STATE INTEREST FOR

THE GOVERNMENT TO TAKE ACTION, THAT IS ALSO SOMETHING THAT GOES INTO THE

-- INTO THE DUE PROCESS CALCULUS. I THINK WE'D ALL AGREE THAT THERE'S A

COMPELLING STATE INTEREST IN THIS CRISIS. WITH RESPECT TO JUST

COMPENSATION, THAT WOULD BE A PRINCIPLE THAT WOULD APPLY IF THE STATE

WERE PHYSICALLY TAKING THE PROPERTY OF THE LANDLORD. IN THIS INSTANCE,

THE LANDLORD IS STILL ABLE TO GET THE MONETARY EQUIVALENT THAT IS A

JUDGMENT WHICH CAN BE ENFORCED AGAINST THE TENANT. SO THERE'S

ABSOLUTELY NO TAKING OF PROPERTY INVOLVED. I THINK ONE OF THE -- ALSO,

FOR EXAMPLE, AN EVICTION DOESN'T COLLECT RENT. SO THE ASSUMPTION IS

ERRONEOUS THAT IF AN EVICTION IS STOPPED, THAT, THEREFORE, THE LANDLORD

WILL BE ABLE -- BE ABLE TO GET RENT FOR THE PROPERTY IN QUESTION. THAT IS

A BIG ASSUMPTION PARTICULARLY IN UPSTATE COMMUNITIES WHERE WE DON'T

HAVE A HOUSING SHORTAGE. AND WHAT I DO WANT TO MENTION, THOUGH

THERE ARE TWO PHILOSOPHICAL INACCURACIES UNDERPINNING THE ARGUMENT,

AND ONE IS THAT THE ARGUMENT THAT IS REALLY BEING MADE IS THAT THERE

102

NYS ASSEMBLY MAY 27, 2020

SHOULD BE A FREEDOM OF CONTRACT AND THAT THE GOVERNMENT SHOULDN'T

INTERFERE IN THOSE CONTRACTUAL RELATIONS BETWEEN THE LANDLORD AND

TENANT. THAT WAS NEVER IN THE UNITED STATES CONSTITUTION. IT WAS A

THEORY THAT WAS ADOPTED IN THE 19TH CENTURY WHICH EXPANDED CONCEPTS

OF CONSTITUTIONAL RIGHTS TO INCLUDE STUFF THAT WAS NEVER WRITTEN IN THE

CONSTITUTION. AND THAT THEORY WAS REJECTED AT THE TIME OF THE NEW

DEAL BECAUSE IT WAS USED TO PREVENT ALL KINDS OF RECOVERY MECHANISMS

THAT ROOSEVELT WAS USING IN ORDER TO TRY AND HELP PEOPLE IN THIS

COUNTRY, AND I SUBMIT, WE ARE IN EXACTLY THE SAME POSITION NOW.

FINALLY, I WOULD CERTAINLY INVITE ANY COLLEAGUES WHO

WOULD JOIN ME IN ANY LEGISLATION THAT WE MIGHT PASS TO RAISE REVENUE

AND ADDRESS THIS TERRIBLE BUDGET DEFICIT THAT WE HAVE, AND IF WE DID

RAISE REVENUE APPROPRIATELY, THEN WE MIGHT HAVE SOME OF THE RESOURCES

TO HELP OUT THE PEOPLE THAT ARE SUFFERING, PERHAPS EVEN INCLUDING

LANDLORDS.

THIS IS A BILL THAT DEALS WITH THE SITUATION AS IT IS. IT

PROVIDES FOR CERTAIN SAFEGUARDS IN COURT. IT IS NOT A BLANKET ALLOWANCE

FOR ALL TENANTS NOT TO PAY RENT AND ESCAPE EVICTION. AND, THEREFORE, I

WILL BE VOTING WITH THE MAJORITY ON THIS BILL.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BARRON.

MR. BARRON: WHILE THE STRONGER BILLS WE HAD THAT

WOULD HAVE COVERED ALL TENANTS, A FULL BAN AGAINST EVICTIONS, THIS ONE,

WHEN YOU HAVE A NO-FAULT EVICTION WHICH CAN BE FIVE MILLION TENANTS,

ARE NOT INCLUDED, AND THEN THEY CAN GARNISH THEIR CHECK, WHICH WOULD

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NYS ASSEMBLY MAY 27, 2020

BE A FINANCIAL BURDEN. SO OF THE BILLS THAT WERE BEFORE US, THIS IS THE

WEAKEST BILL. AND FOR THAT REASON, I'M NOT GOING TO VOTE FOR THIS BILL. I

THINK WE SHOULD'VE HAD A STRONGER BILL. IT SHOULD HAVE INCLUDED ALL

TENANTS. WE SHOULDN'T BE GARNISHING PEOPLE'S CHECKS. SO THEY'RE NOT

BEING EVICTED. THAT'S A GOOD THING. BUT THEN THEY'LL HAVE A FINANCIAL

BURDEN. AND ALL DURING THIS PANDEMIC CRISIS, CORONA CRISIS.

FOR THAT REASON, I WILL BE VOTING AGAINST THIS BILL.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. DINOWITZ.

MR. DINOWITZ: OKAY. FIRST, I WANT TO SAY THANK

YOU, MR. GOODELL, BECAUSE I'M GLAD THAT YOU'RE OPEN TO THE IDEA OF

PROVIDING DIRECT SUBSIDIES TO TENANTS. SO, MAYBE THAT'LL BE SOMETHING

WE NEED TO DO IN THE FUTURE. SO WE'LL COUNT ON YOUR SUPPORT FOR THAT.

YOU KNOW, I DON'T THINK THERE IS ANYBODY ALIVE IN THE ASSEMBLY -- IN

FACT, I'M SURE THERE'S NOBODY ALIVE IN THE ASSEMBLY WHO LIVED THROUGH

THE 1918 PANDEMIC, OR AS THE PRESIDENT CALLS IT, THE 1917 PANDEMIC.

AND THERE ARE PROBABLY VERY FEW PEOPLE IN THE ASSEMBLY WHO ARE ALIVE

OR WERE ALIVE DURING THE GREAT DEPRESSION. BUT WE ARE FACING A CRISIS

NOW WHERE WE HAVE BOTH A PANDEMIC WHICH HAS KILLED OVER 100,000

AMERICANS IN 12 WEEKS. THAT'S WAY MORE THAN THE NUMBER OF

AMERICANS WHO DIED IN BOTH VIETNAM AND KOREA COMBINED, EXCEPT

THIS HAPPENED IN 12 WEEKS. AND IF THINGS CONTINUE THE WAY THEY ARE,

WE'RE GOING TO SURPASS THE NUMBER OF DEAD AMERICANS FROM WORLD

WAR I. SO NONE OF US HAVE EVER -- EVER EXPERIENCED A CRISIS LIKE THIS.

NOW, I'M SURE THAT MR. GOODELL'S DISTRICT -- I'M REALLY

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NOT THAT FAMILIAR WITH IT, TO BE PERFECTLY HONEST. I KNOW THAT LUCY

CAME FROM THERE. BUT OTHER THAN THAT, I KNOW THAT MR. GOODELL HAS

SAID IN THE PAST THAT HIS DISTRICT IS CLOSER TO THE CAPITAL OF OHIO THAN IT IS

TO THE CAPITAL OF NEW YORK, AND CERTAINLY MUCH FURTHER AWAY FROM THE

METROPOLITAN AREA. THE SUFFERING THAT HAS TAKEN PLACE IN THE NEW YORK

CITY METROPOLITAN AREA, PARTICULARLY -- PARTICULARLY IN THE BRONX,

BROOKLYN AND QUEENS, IS UNSURPASSED COMPARED TO ALMOST ANY OTHER

PLACE IN THE WORLD. AND SPEAKING AS A LIFELONG BRONXITE, I CAN TELL YOU

THAT IN OUR BOROUGH - AND I CAN'T SAY THAT MY AREA IS THE WORST-SUFFERING

AREA - BUT THE BRONX, AS A WHOLE, AS WE KNOW, BEFORE THIS STARTED WE

HAD THE WORST RATES OF DIABETES, OF HYPERTENSION, OF OBESITY, OF ASTHMA

IN THE STATE. WE WERE NUMBER 62 IN ALL THE GOOD THINGS THAT RELATE TO

HEALTH AND NUMBER ONE IN ALL THE BAD THINGS. THIS IS BEFORE THIS

STARTED. BUT WE KNOW THAT THIS PANDEMIC HAS EXACERBATED EVERYTHING

THAT PEOPLE IN THE BRONX AND OTHER PLACES WERE SUFFERING FROM BEFORE

THE PANDEMIC. AND IT'S PARTICULARLY SEVERE IN SOME COMMUNITIES BASED

ON RACE, BASED ON ETHNICITY, AND CERTAINLY BASED ON POVERTY. AND I

THINK MOST OF ALL, BASED ON PEOPLE'S ABILITY TO ACCESS HEALTHCARE. THE

LAST THING WE NEED TO DO NOW IS TO EXACERBATE THAT BY FORCING MORE

PEOPLE TO BECOME HOMELESS. AND AS WE KNOW, IF SOMEBODY BECOMES

HOMELESS, THEY ARE MUCH MORE LIKELY TO -- TO GET THE VIRUS AND TO DIE

FROM THE VIRUS. WE SHOULD BE DOING EVERYTHING THAT WE'RE CAPABLE OF

DOING TO SAVE LIVES, AND THAT'S WHAT THIS BILL IS ALL ABOUT. WE HAVE -- IN

MY BOROUGH -- IN MY DISTRICT, IN FACT -- WE HAVE MANY, MANY,

HIGH-RISES INCLUDING CITY HOUSING PROJECTS, BUILDINGS THAT MAY NOT BE

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IN ABUNDANCE IN THE 150TH ASSEMBLY DISTRICT, BUT CERTAINLY ARE IN THE

DISTRICTS THROUGHOUT THE BRONX AND THROUGHOUT THE CITY. AND ONE OF

THE ZIP CODES THAT HAS THE HIGHEST RATE, BY THE WAY, HAPPENS TO BE A ZIP

CODE THAT THE SPEAKER AND I SHARE, 10467. SO I THINK WE'RE LIVING IN --

IN TWO DIFFERENT WORLDS IN THIS STATE BASED UPON THE EXPERIENCES THAT

PEOPLE HAVE HAD RELATING TO THIS PANDEMIC. THE BILL IS NOT AN

ANTI-LANDLORD BILL. IT IS NOT TAKING MONEY AWAY FROM THEM. IT IS SIMPLY

TRYING TO KEEP PEOPLE FROM BEING EVICTED AND KEEP PEOPLE IN THEIR

HOMES. I WOULD HOPE THAT'S SOMETHING WE WOULD ALL WANT TO DO. AND

THE BILL SIMPLY SAYS THAT IF YOU ACCUMULATED BACK RENT DURING THE TIME

OF THE EMERGENCY STARTING FROM MARCH 7TH UNTIL WHATEVER DATE IT IS THAT

THE EMERGENCY IS OVER ACCORDING TO THE GOVERNOR, THAT THAT BACK RENT

WOULD NOT SUBJECT SOMEBODY TO AN EVICTION, BUT THEY WOULD BE

SUBJECTED TO A MONETARY JUDGMENT, MEANING THEY WOULD OWE THE

MONEY, BUT IT WOULD BE SOMETHING THEY CAN PROBABLY PAY OUT OVER

TIME.

YOU KNOW, I'M NOT GOING TO ADDRESS EVERY LAST POINT

THAT MR. GOODELL MADE, BUT I WILL SAY THAT WHEN HE TALKS ABOUT LIQUID

ASSETS VERSUS NON-LIQUID ASSETS, IF SOMEBODY HAS A WHOLE LOT OF

NON-LIQUID ASSETS, THERE'S A GOOD CHANCE THEY HAVE PLENTY OF LIQUID

ASSETS, ALSO. SO I DON'T THINK THIS IS A SITUATION WHERE PEOPLE WHO ARE

NON-DESERVING ARE GOING TO GET A BENEFIT HERE. THE PEOPLE WHO ARE

GOING TO GET THE BENEFIT ARE THE PEOPLE WHO'VE BEEN SEVERELY HARMED

FINANCIALLY BECAUSE OF THIS CRISIS WHO CAN'T PAY RENT, AND WE WANT TO

MAKE SURE THAT THEY BECOME HOMELESS [SIC]. THE LANDLORDS DO HAVE A

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REMEDY HERE, AND THE REMEDY IS THAT THEY CAN GET A MONETARY JUDGMENT

AND THEY CAN EVENTUALLY COLLECT THAT JUDGMENT. AND FOR ONCE, I WISH

EVERYBODY WOULD DECIDE THAT THEY'RE MOST CONCERNED ABOUT THE TENANTS

-- NOT THAT WE SHOULDN'T BE CONCERNED ABOUT THE LANDLORDS, BUT MAYBE

THE TENANTS, THE AVERAGE PERSON THAT WE REPRESENT, SHOULD COME FIRST.

AND I COULD TELL YOU THAT AS A PERSON WHO HAS LIVED IN THE BRONX ALL OF

MY LIFE AND WHO WILL LIVE IN THE BRONX ALL OF MY LIFE, WE HAVE TO FIGHT

FOR PLACES LIKE THAT WHERE WE DO HAVE A HIGH POVERTY RATE AND WHERE

WE DO HAVE A HIGH VIRUS RATE, BECAUSE IF WE DON'T, THEN MORE PEOPLE

WILL DIE. AND LET'S BE HONEST. WHEN WE TALK ABOUT 100,000 PEOPLE

WHO'VE DIED ALREADY, WE ALL KNOW, ON BOTH SIDES OF THE AISLE, THAT MANY

OF THOSE DEATHS COULD HAVE BEEN PREVENTED IF THE RIGHT ACTION WAS

TAKEN BY SOMEBODY WHOSE NAME I SHALL NOT MENTION HERE. BUT THERE IS

NO NEED TO CAUSE MORE DEATHS THAN WE ALREADY HAVE.

SO I WOULD URGE EVERYBODY TO VOTE IN SUPPORT OF THIS

BILL, TO VOTE IN SUPPORT OF SAVING LIVES AND IN SUPPORT OF KEEPING PEOPLE

IN THEIR HOMES.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. BICHOTTE.

MS. BICHOTTE: YEAH, THANK YOU, MR. SPEAKER.

ON THE BILL. YOU KNOW, I WANT TO SAY THAT, YOU KNOW, I -- I WILL BE

SUPPORTING THIS BILL THAT WAS INTRODUCED BY MY COLLEAGUE. AND IT'S A

BILL THAT PROHIBITS THE EVICTION OF RESIDENTIAL TENANTS, OBVIOUSLY, WHO

HAVE SUFFERED FINANCIAL HARDSHIP DURING THE COVID-19 PANDEMIC. NOT

TO MENTION, WE HAVE TO UNDERSTAND THE STATE OF OUR HOUSING COURTS. I

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MEAN, IN BROOKLYN IT'S HORRIBLE, DEPLORABLE. AND THERE'S NO WAY,

ESPECIALLY IN THIS PANDEMIC, THAT OUR COURTS WOULD BE ABLE TO

ACCOMMODATE TENANTS' CONSTITUTIONAL RIGHT TO BE HEARD. SO WE'VE GOT TO

THINK ABOUT THAT, TOO. THE -- AS YOU KNOW, THE SEASONAL ADJUSTED

UNEMPLOYMENT RATE IN NEW YORK STATE IS 14.5 PERCENT AS OF APRIL

2020. NOW, IF THIS ECONOMY BEING IN FREE FALL (UNINTELLIGIBLE) NEW

YORK UNEMPLOYED, YOU KNOW, I MEAN, IT'S ALL -- MANY, MANY TENANTS

ARE STRUGGLING TO PAY THEIR RENT. OKAY? THE -- THIS BILL SPECIFICALLY

WOULD JUST PREVENT THEM FROM BEING EVICTED DURING THIS GLOBAL HEALTH

EMERGENCY AND PREVENT THEM FROM BEING HOMELESS. ONE ON -- ONE IN

FOUR NEW YORKERS ARE ALREADY FACING FOOD INSECURITY. AND THE STRESS

OF EVICTION DURING THIS TIME WOULD ALSO BE UNETHICAL. AND TO AN EXTENT,

UNCONSTITUTIONAL. IT WOULD POSE AN ADDITIONAL RISK TO THE PUBLIC HEALTH.

AND AS MENTIONED, AROUND THE COUNTRY HOMELESS SHELTERS HAVE BEEN

LITERALLY THE COVID-19 HOT SPOTS. MY COLLEAGUE MR. GOODELL TALKED

ABOUT THERE ARE SERVICES, POVERTY SERVICES LIKE RENTAL ASSISTANCE AND

FOOD ASSISTANCE. I WANT TO TELL YOU, I KNOW THE SYSTEM AND THERE'S A LOT

OF BUREAUCRACY. AND EVEN WITH THE SERVICES THAT ARE AVAILABLE FOR --

FOR POOR PEOPLE, THE VAST MAJORITY OF THESE PEOPLE WHO ARE UNDERGOING

HARDSHIP WOULD NOT EVEN BE ELIGIBLE FOR THESE SERVICES, OKAY?

SO, MR. SPEAKER, THIS BILL IS -- IS NOT UNCONSTITUTIONAL.

IT'S ACTUALLY -- IT'S NOT -- IT'S NOT UNCONSTITUTIONAL. IT'S DOING THE REVERSE,

IT'S CONSTITUTIONAL, OKAY? IT'S -- WHEN WE TALK ABOUT UNCONSTITUTIONAL

WE THINK ABOUT JUST A WHOLE SYSTEMIC ECONOMIC DISPARITIES THAT REALLY

HAS SHOWN -- EVERYBODY HAVE SEEN THE LIGHT OF HOW LARGE THE DISPARITY

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IS. THE ECONOMIC INEQUITIES. OVERCHARGED RENT, UNDERPAID WAGES. I

MEAN, THIS PANDEMIC HAS -- IS REVEALING SOME TRUTHS THAT'S BEEN IN

EXISTENCE FOR A WHILE. NOW, I'M A LANDLORD, TOO. I UNDERSTAND, AND I

GET IT. AND TRUST ME, I WANT TO MAKE SURE THAT I'M PROTECTED. I'VE BEEN

A TENANT FOR A WHILE, A LANDLORD. I'VE LIVED BOTH WALKS OF LIFE. AT THE

END OF THE DAY, THE CONSTITUTIONAL AND ETHICAL THING IS YOU CAN'T KICK

PEOPLE OUT DURING THIS PANDEMIC AND CREATE A WHOLE HOMELESS ISSUE.

THIS LEGISLATION PROVIDES PROTECTION FOR LANDLORDS WHILE MAKING SURE

OUR TENANTS ARE NOT DISPLACED. LANDLORDS WILL STILL BE ABLE TO, AGAIN, AS

OUR -- AS OUR SPONSOR OF THE BILL SAID, OBTAIN MONETARY JUDGMENTS FOR

UNPAID RENT THAT ACCRUE DURING THE TIME OF THE PERIOD. TENANTS WOULD

REMAIN STABLE -- STABLY LOCATED IN THE MEANTIME. NOT TO MENTION, MR.

SPEAKER, YOU KNOW, I HEARD OF RENT SUBSIDIES AND A WHOLE BUNCH OF

OTHER THINGS. LOOK, I AM FOR RELIEF FOR TENANTS. I'M FOR RELIEF FOR

LANDLORDS, OKAY? THAT'S WHY WE'RE GOING BE VOTING ON A SERIES OF BILLS

REGARDING MORTGAGE FORBEARANCE AND SO FORTH. I'M FOR RELIEF OF

MORTGAGE HOLDERS. I'M FOR RELIEF OF BUSINESS OWNERS. I'M FOR FULL RELIEF

OF THE FULL SPECTRUM. SO IF WE'RE GOING TO CURE ONE END, WE HAVE TO

CURE ALL ENDS. AND TODAY WE'RE STARTING WITH ONE AND THEN WE'RE GOING

TO CONTINUE HOPEFULLY LATER ON, AND WE'RE GOING TO CONTINUE -- AND

WE'RE GOING TO CONTINUE TO MAKE SURE THAT EACH PERSON IN THAT CHAIN HAS

SOME LEVEL OF RELIEF. LET THE BANKS DEAL WITH IT. BUT WE'VE BEEN

BAILING OUT THE BANKS YEARS AND YEARS. AND AGAIN, THE CIVILIANS, THE

REGULAR PEOPLE, HAVE NOT BENEFITTED. SO LET THEM DEAL WITH THAT.

MR. SPEAKER, THIS IS THE FIRST STEP. NOTHING IS PERFECT.

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NONE OF THE LEGISLATIONS THAT WE'RE -- WE'RE VOTING ON TODAY ARE PERFECT,

BUT WE HAVE TO DO SOMETHING. WE HAVE TO DO SOMETHING. SO I JUST

ENCOURAGE ALL OF MY COLLEAGUES TO -- TO JOIN US IN HELPING TO PROTECT

NEW YORKERS AND -- AND -- AND HELPING NEW YORKERS BE SAFE. WE

WANT TO SAVE LIVES RIGHT NOW. WE ARE ALL IN THIS TOGETHER.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JOHNS.

MR. JOHNS: YEAH, THANK YOU, MR. SPEAKER. ON THE

BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. JOHNS: I DO WANT TO HELP THE WORKING POOR,

ESPECIALLY THOSE THAT HAVE LOST THEIR JOBS OR THEIR INCOME HAS BEEN CUT

DURING THIS CRISIS. BUT I BELIEVE THERE'S A BILL THAT MIGHT BE COMING OUT

TOMORROW THAT SUGGESTS THAT WE COULD BE GIVING DIRECT VOUCHERS TO

LANDLORDS AND THAT MONEY COULD BE USED, AND ONLY USED, TO PAY RENT.

NOW, WITH THE CARES ACT THAT THE PRESIDENT AND

CONGRESS PASSED, THEY AUTHORIZED $600 A WEEK IN PANDEMIC

UNEMPLOYMENT, PLUS WHATEVER THE STATE MIGHT GIVE, WHICH IS UP TO

$504, THERE ARE SOME PEOPLE THAT ARE MAKING $1,104 A WEEK DURING

THIS CRISIS. THEY'RE MAKING MORE NOW BY NOT WORKING THAN OTHERS, THE

WORKING POOR, ARE MAKING BY WORKING. SO, I THINK A DIRECT VOUCHER,

TAKING SOME OF THAT MONEY, WHICH I BELIEVE THE BILL WILL BE COMING OUT

TOMORROW, AND GIVING THAT MONEY AS A DIRECT VOUCHER PAYMENT TO THE

LANDLORD WOULD BE MORE EFFECTIVE.

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HOMEOWNERS WANT RELIEF, BUT WHEN HOMEOWNERS GET

ASSISTANCE FROM THE GOVERNMENT THAT THEY'RE ENTITLED TO, THEY'RE GOING

TO PAY THE MORTGAGE. THEY HAVE EQUITY IN THEIR HOME, $20-, $30,000,

$50-, $100,000, THEY'RE NOT GOING TO WALK AWAY FROM THAT HOUSE. BUT

TENANTS DON'T OWN THE PLACE AND IF AFTER THREE, SIX OR NINE MONTHS

THEY'RE NOT ABLE TO PAY THE BACK RENT, THEY CAN WALK. BUT IF YOU OWN A

PLACE AND YOU'RE LIVING IN THAT PLACE, THAT ASSISTANCE WILL KEEP YOU IN

THE PLACE THAT YOU OWN. AND I BELIEVE THAT WE SHOULD HAVE PUBLIC

ASSISTANCE THROUGH THIS CARES ACT IN THE FORM OF A VOUCHER TO GO

DIRECTLY TO THE TENANTS [SIC], THE TENANTS WILL BE HAPPY THE RENT WILL BE

PAID, THE LANDLORDS WILL BE HAPPY, THE RENT WILL BE PAID. AND IT'LL BE A

WHOLE LOT BETTER SYSTEM THAN THIS BILL IS TRYING TO INSTITUTE.

I -- I BELIEVE IN WHAT WE'RE TRYING TO DO, BUT I THINK

THERE'S A MORE EFFECTIVE WAY OF DOING IT, AND I HOPE TO SUPPORT THAT BILL

IF IT COMES OUT TOMORROW. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GARBARINO.

MR. GARBARINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

YOU -- YOU MUST UN-MUTE TO -- IN ORDER TO RESPOND,

MR. DINOWITZ.

MR. DINOWITZ: THERE'S TWO UN-MUTE THINGS ON

HERE. THERE'S ONE THAT YOU PUT ON AND THERE'S ONE THAT'S ON THE BOTTOM

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LEFT.

ACTING SPEAKER AUBRY: THE BOTTOM LEFT.

MR. DINOWITZ: ANYWAY, THAT'S RIGHT. HERE I AM.

MR. GARBARINO: THANK YOU, MR. DINOWITZ. I

JUST HAVE A COUPLE OF QUESTIONS DEALING WITH THIS -- THIS USES THE WORD

COVID -- "COVID-19 COVERED PERIOD". CAN YOU GO OVER WHAT --

WHAT THAT MEANS, PLEASE?

MR. DINOWITZ: I ALREADY STATED IT, BUT I'LL RESTATE

IT.

MR. GARBARINO: YEAH.

MR. DINOWITZ: IT SAYS IN THE BILL IT STARTS MARCH

7TH, 2020 AND IT GOES ON UNTIL I -- UNTIL THE GOVERNOR BASICALLY SAYS IT'S

OVER, 'TIL ALL THE REGIONS ARE -- HAVE GONE THROUGH THEIR FOUR PHASES.

MR. GARBARINO: SO IT HAS TO BE FOR ALL -- ALL

REGIONS HAVE TO GO THROUGH ALL PHRASES.

MR. DINOWITZ: I -- I THINK WITHIN EACH REGION IT --

SO THE BILL COULD BE EFFECTIVE IN VARIOUS REGIONS FOR VARIOUS POINTS OF

TIME, SO -- MEANING NEW YORK CITY PRESUMABLY WOULD BE THE LONGEST

BECAUSE WE'RE LIKELY GOING TO BE THE LAST REGION TO COME OUT OF THOSE

PHASES.

MR. GARBARINO: SO THE -- THE EXECUTIVE'S ORDERS

THAT ARE REFERENCED IN THIS BILL DEAL WITH GATHERINGS OF PEOPLE, YOU

KNOW, GOING TO RESTAURANTS, GOING TO SPORTING EVENTS, GOING TO CHURCH.

SO, MY QUESTION IS THERE ARE DIFFERENT REGIONS OF THE STATE, THERE'S THE

NORTH COUNTRY, THERE'S NEW YORK CITY, THERE'S LONG ISLAND, THE FINGER

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LAKES, IT'S BROKEN UP INTO ALL DIFFERENT REGIONS. ARE WE SAYING THAT A

TENANT IN ALBANY CANNOT BE EVICTED FOR FAILURE TO PAY RENT IF NEW YORK

CITY IS NOT THROUGH ALL OF ITS PHASES?

MR. DINOWITZ: I THINK I JUST SAID THE EXACT

OPPOSITE.

MR. GARBARINO: I -- I -- I'M NOT SURE THAT'S -- THE

WAY YOU SAID IT, IT DIDN'T SOUND LIKE THAT. SO, IF ALBANY FINISHES ALL OF

ITS FOUR PHASES, THEY CAN -- THEY CAN DO -- THEY CAN EVICT PEOPLE FOR

NON-PAYMENT EVEN THOUGH THE REST OF THE STATE IS NOT DONE WITH ITS

PHASES.

MR. DINOWITZ: I -- I THINK SO.

MR. GARBARINO: IS THAT THE INTENT?

MR. DINOWITZ: THE INTENT IS TO MAKE SURE THAT

DURING THE EMERGENCY PERIOD THAT PEOPLE AREN'T EVICTED FOR

NON-PAYMENT OF RENT THAT ACCUMULATED DURING THE EMERGENCY PERIOD.

MR. GARBARINO: NO, I UNDERSTAND THAT, BUT MY

QUESTION IS IF THE -- ALL THE PHASES ARE OVER IN ONE PART OF THE COUNTRY --

IN ONE PART OF THE STATE, BUT NOT OVER -- LIKE, SO LET ME -- HERE'S A

PERFECT EXAMPLE.

MR. DINOWITZ: IT DEPENDS UPON -- IT DEPENDS

UPON WHAT COUNTY YOU LIVE IN, AND EACH COUNTY, WHICH -- EACH OF

WHICH IS PART OF A REGION, BUT EACH COUNTY MAY HAVE A DIFFERENT SET OF

CIRCUMSTANCES. SO, FOR EXAMPLE, I THINK ONE OF THE EARLIEST AREAS THAT

THE GOVERNOR STARTED RELAXING THE RESTRICTIONS WAS THE NORTH COUNTRY, I

THINK, AND MAYBE THE FINGER LAKES, FOR EXAMPLE. SO THIS BILL, THE

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NYS ASSEMBLY MAY 27, 2020

EFFECTIVENESS OF THIS BILL WOULD LAST LONGER IN, SAY, THE BRONX.

MR. GARBARINO: OKAY.

MR. DINOWITZ: OR BROOKLYN, OR QUEENS.

MR. GARBARINO: SO MY -- BUT MY QUESTION IS IF

SOMEBODY IF -- IF GOING TO A BILLS GAME IN BUFFALO, YOU KNOW, IT'S

PROHIBITED, THESE EXECUTIVES ORDERS ARE EXTENDED AND BACK UP UNTIL

NOVEMBER OR MAYBE THE NEXT YEAR, YOU CAN'T HAVE FULL CAPACITY AT A

BUFFALO BILLS GAME, BUT THE NORTH COUNTRY HAS BEEN COMPLETELY OPEN

FOR A YEAR, TECHNICALLY THE EXECUTIVE ORDER STILL STANDS IN -- IN BUFFALO.

ARE YOU -- BECAUSE THAT EXECUTIVE ORDER IS STILL IN EFFECT, IS THE INTENT

OF THIS BILL THAT SOMEBODY IN THE NORTH COUNTRY CAN'T BE EVICTED FOR

NON-PAYMENT OF RENT? OR SOMEBODY CAN BE EVICTED BECAUSE THEY'RE

NOT IN THAT SAME REGION?

MR. DINOWITZ: WELL, I DON'T WANT ANYBODY

EVICTED, BUT THE BILL --

MR. GARBARINO: THEY CAN'T LIVE FOR FREE.

MR. DINOWITZ: NO, YOU CAN'T LEAVE FOR FREE,

ALTHOUGH MOST TENANTS DON'T GET THE SAME KIND OF HANDOUTS AND

SUBSIDIES THAT SOME LANDLORDS GET, BUT SEPARATE ISSUE FOR A SEPARATE

TIME.

WE'RE DEALING WITH THINGS ON A COUNTY BY COUNTY,

REGION BY REGION BASIS. SO, IT'S NOT ONE-SIZE-FITS-ALL THROUGHOUT THE

STATE, JUST LIKE -- JUST LIKE THE GOVERNOR CREATED -- DESIGNATED THESE TEN

REGIONS. SO, WE HAVE TO LOOK AT EACH COUNTY INDIVIDUALLY. SO, THAT'S

WHY I SAID THAT IN SOME COUNTIES, SUCH AS MY OWN, PERHAPS THIS WOULD

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BE EFFECTIVE FOR A LONGER PERIOD OF TIME THAN, SAY, THE NORTH COUNTRY,

AS AN EXAMPLE.

MR. GARBARINO: OKAY. SO JUST TO BE -- JUST TO

MAKE SURE WE HIT THIS POINT CORRECTLY, BECAUSE I -- I THINK IT'S GOING TO

COME DOWN TO WHAT IS SAID AS THE INTENT OF THE BILL, BECAUSE THERE'S NOT

THE MUCH LANGUAGE THAT GOES ALONG WITH THE -- WITH THIS LAW HERE. IF --

IF NO EXECUTIVE ORDERS ARE STILL IN EFFECT IN THE NORTH COUNTRY, IF THEY

FINISHED ALL FOUR OF THEIR PHASES, EVERYTHING IS RE-OPENED, THERE'S NO

MORE RESTRICTIONS, BUT THERE'S STILL AN EXECUTIVE -- THERE'S STILL

RESTRICTIONS FOR NEW YORK CITY, THE RESTRICTIONS IN NEW YORK CITY

SHOULD HAVE NO EFFECT AS TO WHETHER OR NOT SOMEBODY IN THE NORTH

COUNTRY CAN BE EVICTED FOR NON-PAYMENT OF RENT.

MR. DINOWITZ: I BELIEVE THAT WOULD BE THE CASE,

CORRECT.

MR. GARBARINO: THAT'S YOUR -- OKAY, THAT'S THE

INTENT. OKAY.

NEXT, I JUST -- NOW I WANT TO MOVE OVER TO A FINANCIAL

HARDSHIP. THERE'S A COUPLE -- THERE'S A COUPLE OF -- AND FORGIVE ME, I

WAS WALKING OVER, SO YOU MIGHT HAVE ANSWERED THIS, I DON'T KNOW IF

ANYBODY ASKED QUESTIONS YET, THERE'S A COUPLE OF DIFFERENT THINGS THAT

COUNT TOWARDS FINANCIAL HARDSHIP, CORRECT, IN THIS BILL?

MR. DINOWITZ: YES; YES, THAT'S CORRECT.

MR. GARBARINO: IS -- DO THOSE FINANCIAL

HARDSHIPS HAVE TO BE TIED TO COVID? YOU KNOW, DOES IT HAVE TO --

DOES THE -- DOES THE -- DOES THE CHANGE IN INCOME, DOES THE LAW -- THE

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NYS ASSEMBLY MAY 27, 2020

TENANTS LIQUID ASSETS, THE CHANGE IN THAT, DOES THAT HAVE TO BE TIED TO A

COVID-RELATED REASON?

MR. DINOWITZ: WHAT UNDER WHAT CIRCUMSTANCES

WOULD IT NOT BE TIED TO COVID?

MR. GARBARINO: I GO TO --

MR. DINOWITZ: -- IN THE FIRST PLACE?

MR. GARBARINO: I FLY TO VEGAS AND LOSE ALL MY

MONEY AT THE CASINO AND COME BACK AND NOW I HAVE NO MORE LIQUID

ASSETS.

MR. DINOWITZ: THE -- THE ANSWER TO YOUR QUESTION

IS NO, BUT IN -- IN REALITY, YOU KNOW, YOU CAN COME UP WITH SILLY, I DON'T

WANT TO SAY (INAUDIBLE) SILLY, BUT -- BUT SILLY EXAMPLES OF WHAT

THEORETICALLY AND HYPOTHETICALLY COULD HAPPEN, BUT YOU AND I BOTH

KNOW THAT IN 99.99 PERCENT OF THE CASES, THIS IS EXACTLY WHAT WE'RE

TALKING ABOUT, PEOPLE WHO'VE LOST INCOME BECAUSE OF COVID, NOT

BECAUSE THEY FLEW ON A PLANE WHICH HASN'T BEEN FLYING MUCH LATELY

ANYWAY TO LAS VEGAS TO LOSE MONEY.

MR. GARBARINO: SO THE JUDGE -- IT WOULD BE UP

TO THE JUDGE PRETTY MUCH TO SEE WHETHER OR NOT A FINANCIAL HARDSHIP

EXISTS, SO IF -- IF THOSE FACTS --

MR. DINOWITZ: THE JUDGE HAS TO EXAMINE THE

FACTS AND CIRCUMSTANCES --

MR. GARBARINO: YEP. OKAY.

MR. DINOWITZ: -- OF THE CASE IF IT GOES TO -- TO A

COURT.

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MR. GARBARINO: SO JUST BECAUSE OF THE LOSS OF

LIQUID ASSETS OR DECREASE, THE JUDGE CAN STILL SAY, WELL, THAT'S NOT A

FINANCIAL HARDSHIP DUE TO COVID, SO IT DOESN'T COUNT.

MR. DINOWITZ: THE JUDGE COULD SAY -- I MEAN, THE

JUDGE IS GOING TO -- WOULD LOOK AT THE FINANCIAL RECORDS OF THE

INDIVIDUAL.

MR. GARBARINO: OKAY.

I WANT TO MOVE OVER TO ANOTHER PART. IF -- CAN A

LANDLORD GET A JUDGMENT OF EVICTION IF THE TENANT BREAKS THE LEASE IN

ANOTHER WAY? FOR EXAMPLE, IN ADDITION TO NOT PAYING RENT, THEY'RE ALSO

DEALING DRUGS OUT OF THE APARTMENT; CAN THEY GET A EVICTION FOR -- A

JUDGMENT OF EVICTION FOR BREAKING THE LEASE IN THAT -- IN THAT WAY, OR

JUST, DO THEY GET TO CALL THAT A FINANCIAL HARDSHIP IN THAT SITUATION AS

WELL?

MR. DINOWITZ: WELL, I -- I THINK, ONCE AGAIN, THAT

WOULD BE A MATTER FOR A COURT TO DETERMINE. THEY'D HAVE TO LOOK AT --

AT THE CIRCUMSTANCES, BUT CERTAINLY SELLING DRUGS IS PROBABLY NOT

COVID-RELATED, BUT OTHER THINGS MAY BE.

MR. GARBARINO: OKAY. SO IF THEY -- IF THEY CAN

-- UNDER THIS BILL, UNDER THIS LAW, A LANDLORD COULD GET A JUDGMENT OF

EVICTION FOR BREAKING A LEASE ANOTHER WAY IF IT'S NOT COVID-RELATED,

AND I'M -- I MEAN, IT DOESN'T HAVE TO BE COVID-RELATED, IT COULD BE

SOMEBODY COULD GO IN THERE AND SAY THEY'RE DEALING DRUGS BECAUSE THEY

LOST THEIR JOB BECAUSE OF COVID. THAT -- I HOPE THAT WOULDN'T COUNT,

WOULD IT?

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MR. DINOWITZ: I DON'T KNOW WHERE YOU COME UP

WITH THESE THINGS. A LANDLORD --

MR. GARBARINO: I -- I'M AN ATTORNEY. I -- I THINK

OF THESE THINGS SO I CAN USE THEM AS A DEFENSE LATER ON.

MR. DINOWITZ: WELL -- WELL, SO AM I AND I THINK

OF THE THINGS THAT HAVE BEEN MENTIONED ARE QUITE REMARKABLE.

MR. GARBARINO: THANK YOU.

MR. DINOWITZ: I -- I WOULD SAY THAT THE -- THE

HARDSHIP HAS TO BE COVID-RELATED AND TO SUGGEST THAT SOMEBODY IS

COMMITTING A VERY ILLEGAL ACT AND YOU'RE DEALING DRUGS BECAUSE THEY

LOST INCOME, I DON'T THINK DEALING DRUGS WOULD BE CONSIDERED

COVID-RELATED IN AND OF ITSELF.

MR. GARBARINO: ALL RIGHT. WONDERFUL, THANK

YOU. AND THE LAST -- I -- I REPRESENT A GOOD CHUNK OF FIRE ISLAND AND I

KNOW ASSEMBLYMAN THIELE HAS THE EAST AND ASSEMBLYMAN PALUMBO,

WHERE WE HAVE A LOT OF SUMMER RENTALS, I KNOW THAT UPSTATE HAS A LOT,

AS WELL, NOT JUST YEAR RENTALS, BUT MONTH-TO-MONTH, SOME OF THEM EVEN

WEEKLY RENTALS WHERE THERE'S, YOU -- YOU GO IN ON A SUNDAY, YOU LEAVE

ON A SATURDAY, BUT YOU'RE DONE. IF SOMEONE RENTED A HOUSE FOR A WEEK

IN JUNE ON FIRE ISLAND HERE, THEY PAID FOR THAT FULL WEEK, THE LEASE

EXPIRES, BECAUSE IT'S A TEMPORARY ONE-WEEK LEASE, AND THERE'S NO -- AND

THEY -- BUT THEY DECIDE NOT TO LEAVE AND DON'T PAY, DOES THAT -- DOES THIS

BILL SAY THAT THEY CAN'T GET A JUDGMENT OF EVICTION IF THEY CLAIM

COVID?

MR. DINOWITZ: SO YOU'RE ASKING IF SOMEBODY WHO

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HAD THE FINANCIAL MEANS TO RENT A HOUSE ON FIRE ISLAND FOR ONE WEEK,

AND -- AND THEN YOU'RE ASKING IF THEY WOULD THEN USE THE DEFENSE OF

COVID AND FINANCIAL HARDSHIP, HAVING THE MONEY TO RENT THE HOUSE ON

FIRE ISLAND FOR A WEEK, YOU'RE ASKING IF THEY WOULD BE PROTECTED. WELL,

IF I WERE THE JUDGE, I WOULD SAY NO.

MR. GARBARINO: SO IF SOMEBODY RENTS A HOUSE

ON FIRE ISLAND UNDER THIS BILL, THEY STAY FOR THE WEEK, THEY PAY FOR THE

WEEK, BUT THEN THE WEEK LATER THEY SAY, WE'RE NOT LEAVING, COVID

FINANCIAL HARDSHIP. AND I'M NOT SAYING THAT I THINK THAT A LOT OF PEOPLE

ARE GOING TO USE THIS LAW ARE GOING TO, YOU KNOW, USE IT FOR THE RIGHT

REASONS. I JUST KNOW YOU -- AND WE -- AS YOU KNOW, AS AN ATTORNEY,

PEOPLE LIKE TO USE LAWS TO THEIR ADVANTAGE EVEN IF THEY'RE NOT JUST IN

DOING IT -- DOING SO.

SO, THAT -- THAT'S THE REASON FOR MY QUESTIONING.

PEOPLE THAT ARE TRYING TO TAKE ADVANTAGE OF THE SYSTEM, WE'RE SEEING IT

ALREADY, I'M SURE YOU'VE HEARD IN YOUR CONFERENCES OF ASSEMBLYMAN

THIELE TALKING ABOUT ISSUES IN HIS DISTRICT. SO, MY QUESTION IS IF

SOMEBODY PAYS FOR THAT FULL WEEK, BUT THEN DECIDES THEY'RE NOT LEAVING

FROM THEIR -- FROM THE SUMMER PARADISE BECAUSE -- AND THEY CLAIM

COVID, THEY SHOULDN'T HAVE ACCESS TO THIS -- THIS LEGISLATION, CORRECT?

MR. DINOWITZ: WELL, YOU DON'T GET TO STAY FOREVER,

NUMBER ONE, AND, NUMBER TWO, BY THE TIME THAT -- I DON'T KNOW WHAT

STAGE SUFFOLK COUNTY IS IN RIGHT NOW WITH THOSE -- WITH THE FOUR

PHASES, BUT WHAT I DO KNOW IS THAT WE'RE TALKING ABOUT PROTECTING

THOUSANDS, TENS OF THOUSANDS OF PEOPLE, PERHAPS, AND YOU'RE CITING

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EXTREME ODD EXAMPLES IN ORDER TO POSSIBLY UNDERMINE THE NEED FOR

PROTECTING THOUSANDS AND THOUSANDS OF PEOPLE FROM EVICTION WHEN THEY

SHOULDN'T BE EVICTED AND MADE HOMELESS AND POSSIBLY --

MR. GARBARINO: NO, I'M -- I'M NOT BRINGING ODD

EXAMPLES, I'M -- THESE EXAMPLES HAVE BEEN REPORTED IN -- IN THE

NEWSPAPER. THESE ARE THINGS THAT ARE ACTUALLY HAPPENING, PEOPLE ARE

TAKING ADVANTAGE OF THE CURRENT MORATORIUM. MY -- I'M NOT SAYING

CHANGE THE BILL, NOT DO THE BILL, I'M SAYING SHOULD THEY BE AWARDED THE

-- THE -- YOU'RE -- YOU'RE -- I KNOW WHO -- I UNDERSTAND WHO YOU'RE

LOOKING TO PROTECT HERE, THE PEOPLE I'M DESCRIBING TO YOU DOESN'T SOUND

LIKE THE PEOPLE THAT YOU'RE TRYING TO PROTECT. SO I'M SAYING, SHOULD THEY

BE ABLE TO FALL UNDER -- IS IT YOUR INTENT THAT THEY BE ABLE TO FALL UNDER

THE SAME PROTECTIONS OF THIS BILL?

MR. DINOWITZ: WELL, THE -- THE EXAMPLE YOU JUST

DESCRIBED IS NOT THE SAME AS OTHER EXAMPLES, BECAUSE THE PERSON THAT

YOU MENTIONED, OR THE EXAMPLE THAT YOU CITED, WAS AN INDIVIDUAL WHO

HAD THE RIGHT TO STAY THERE FOR A WEEK. I'M -- WE'RE NOT TALKING IN THIS

BILL ABOUT PEOPLE WHO STAY PAST THEIR LEASE OR WHATEVER AGREEMENT THEY

HAVE FOR A WEEK; WE'RE TALKING ABOUT PEOPLE WHO HAVE A LEASE WHO

SIMPLY WEREN'T ABLE TO PAY THE RENT DURING THIS, YOU KNOW, THREE-MONTH

WHATEVER PERIOD OF TIME THAT WE HAVE. WHAT YOU'RE CITING IS

SOMETHING WHICH I REALLY DON'T THINK IS SO RELEVANT TO WHAT THE BILL

SAYS.

THERE -- THERE ARE OTHER WAYS OF -- OF TRYING TO DEAL

WITH THAT PERSON, BUT I DON'T THINK THIS LEGISLATION IS GOING PROTECT

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THEM. IT'S NOT A BAN ON EVICTIONS FOREVER, EITHER, IT'S ONLY A -- A BAN FOR

A -- FOR RENT OWED DURING A LIMITED PERIOD OF TIME, NOT, YOU KNOW, IN --

FOR THE INDEFINITE FUTURE. AND THAT PERIOD OF TIME IS GOING TO COME TO

AN END AT SOME POINT RELATIVELY SOON IT SEEMS.

MR. GARBARINO: YEAH. BUT PEOPLE DON'T RENT

HOUSES ON FIRE ISLAND OR -- OR OUT IN THE HAMPTONS OR ON THE NORTH

SHORE IN JANUARY, THEY RENT THEM IN JUNE, JULY AND AUGUST SO THIS BILL

IS -- THIS BILL DOES AFFECT IN THAT WAY BECAUSE THEY WON'T -- WE'RE NOT

GOING TO BE OF THIS BY AUGUST BASED ON THE -- THE GOVERNOR'S CURRENT

EXECUTIVE ORDER ANYWAY.

SO MY QUESTION IS IF THIS CONTINUES TO GO ON MUCH

LONGER, I JUST WANT TO MAKE SURE THAT PEOPLE, LIKE THE EXAMPLE I SAID

BEFORE, PEOPLE WHO ARE TRYING TO GAME THE SYSTEM TO HAVE A SUMMER --

A SUMMER PARADISE. A LOT OF THESE PLACES, PEOPLE THAT -- A LOT OF THESE

HOMES THAT THESE PEOPLE RENT, THESE ARE SMALL LANDLORDS. THESE ARE --

THESE ARE NOT BIG-BUILDING LANDLORDS, THESE ARE PEOPLE WHO HAVE A

FAMILY HOME THAT THEY WERE -- THEY'RE LUCKY ENOUGH THAT THEIR

GRANDPARENT LEFT TO THEM AND THIS IS HOW THEY PAY THEIR REAL PROPERTY --

THIS RENT IS HOW THEY PAY THEIR REAL PROPERTY TAX, THIS IS HOW THEY PAY

THEIR MORTGAGE ON PROPERTY. SO, I JUST WANT TO MAKE SURE THAT PEOPLE

WHO ARE GAMING THE SYSTEM CAN STILL BE EVICTED AND JUST DON'T GET TO

SAY, WE'RE NOT PAYING RENT AND NOW WE'RE CLAIMING FINANCIAL HARDSHIP.

THAT'S JUST MY -- THAT'S MY CONCERN.

MR. DINOWITZ: MMHMM.

MR. GARBARINO: BUT I THINK -- I THINK YOU

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ANSWERED THAT THE BILL IS NOT -- IS NOT INTENDED TO PROTECT THEM, IT'S ONLY

MR. DINOWITZ: I THINK THERE ARE ALWAYS GOING TO

BE PEOPLE WHO GAME A SYSTEM, UNFORTUNATELY, BUT I -- I DO BELIEVE THAT

THE -- AS THIS BILL AFFECTS PEOPLE, IT'LL BE FOR THE PEOPLE WHO ARE TRULY

DESERVING AND IN NEED, AND I THINK WE WOULDN'T BE DOING OUR JOB IF WE

DIDN'T COME UP WITH CREATIVE WAYS TO TRY TO MAKE SURE THAT WE DON'T

CREATE A -- AN EXPLOSION OF HOMELESSNESS. AND -- AND FOR THE PEOPLE

WHO MAY BE LOOKING TO RENT A HOUSE FOR A WEEK IN FIRE ISLAND IN JULY

OR AUGUST, IT COULD VERY WELL BE THAT THE -- THE STAGE FOUR IS OVER WITH

IN -- IN SUFFOLK BY THAT POINT ANYWAY. SO IT -- THOSE QUESTIONS MAY BE

TOTALLY MOOT.

MR. GARBARINO: OKAY. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

MR. DIPIETRO.

MR. DIPIETRO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DIPIETRO: YEAH. I WANT TO START OUT BY SAYING

I'M A TENANT -- OR, EXCUSE ME, I'M A LANDLORD, AND PERSONALLY WHAT I'VE

DONE, BECAUSE I'M IN A BETTER FINANCIAL POSITION THAN SOME OF THE

PEOPLE WE TALK ABOUT IS I'VE JUST TOLD MY TENANTS WHEN THIS IS OVER, YOU

PAY ME WHEN YOU CAN, WE'LL PUT IT ON THE BACK SIDE OF THE LEASE AND

WE'LL CATCH IT UP AT THE END. AND I KNOW THAT'S NOT EVERYBODY THAT DOES

THAT, AND I UNDERSTAND THAT. I GUESS WHAT WE'RE TRYING TO SORT OUT HERE

IS PEOPLE THAT GAME THE SYSTEM.

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I ALSO WANT TO BRING UP WHEN SOMEONE MENTIONED THE

1918 PANDEMIC, IT'S REALLY APPLES TO ORANGES. IF -- PEOPLE THAT KNOW

ABOUT THE 1918 PANDEMIC, FIRST OFF, ONE -- ONE-IN-THREE IN THIS COUNTRY

GOT IT. THAT'S -- THAT'S A THIRD OF THE COUNTRY. AND (INAUDIBLE) IN A RURAL

AREA, YOU GOT IT. IT -- IT AFFECTED EVERYONE. IT -- IT AFFECTED CHILDREN.

BUT THIS PANDEMIC WE'RE FINDING OUT IT REALLY DOESN'T AFFECT CHILDREN,

BUT THE -- THE PANDEMIC OF 1918, ONE IN THREE. AND THE ONES THAT GOT IT,

ONE-IN-THREE, 20 PERCENT OF THOSE DIED. SO THAT WAS A REAL -- THAT WAS A

LOT DIFFERENT THAN WHAT WE HAVE HERE TODAY. SO, I JUST WANT TO MAKE

SURE PEOPLE UNDERSTAND THAT THAT'S APPLES TO ORANGES WHEN YOU TALK

ABOUT 1918, ESPECIALLY WHEN YOU GO INTO OTHER THINGS LIKE THE SOCIAL

DISTANCING, HYGIENE ESPECIALLY, PEOPLE BACK THEN TOOK BATHS MAYBE

ONCE EVERY MONTH, DIDN'T WASH THEIR HANDS, ALL THAT TYPE OF STUFF. BUT

THAT WAS A REAL -- A LOT DIFFERENT.

THE -- I WANTED TO SAY WAS THE -- WE'RE AT A POINT NOW

WHERE I'VE GOT EIGHT, I'VE HAD ABOUT EIGHT OR NINE PEOPLE CALL MY OFFICE.

EVERY SINGLE ONE OF THEM HAS NO MORE THAN FOUR UNITS, SO UP HERE AT

THIS END OF THE STATE IS -- IS WE'RE DEALING WITH A SMALLER SAMPLE. WE

DON'T HAVE A BILLION DOLLAR MILLIONAIRE THAT OWN ALL THESE COMPLEXES.

THESE ARE PEOPLE THAT I'VE TALKED TO AND EVERYONE OF THEM CALLED

BECAUSE THEY WERE SCARED ABOUT THIS BILL, BECAUSE THEY'VE GOT A -- A

COTTAGE HOUSE NEXT TO THEIR HOME THAT THEY RENT OUT. SEVEN OUT OF THE

EIGHT ARE RETIRED, THIS IS THEIR INCOME. THIS IS WHAT THEY NEED TO

SURVIVE AND THEY'RE AFRAID THAT IF THEY -- IF SOMETHING LIKE THIS -- UP

HERE IT JUST DOESN'T WORK. AND THAT'S WHAT I'M TRYING TO SAY.

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WE -- WE DEAL WITH A LOT OF THESE ISSUES EVERY WEEK,

EVERY DAY, AND THIS IS A PRIME EXAMPLE OF SOMETHING THAT SHOULD BE

NEW YORK CITY CENTRIC, NOT FOR THE WHOLE STATE. BUT LIKE EVERYTHING

ELSE WE DO IN ALBANY, WE TRY TO IMPOSE WHAT'S GOOD FOR NEW YORK

CITY ON THE REST OF THE STATE AND MANY TIMES IT FALTERS AND IT FAILS, AND IT

CAUSES A LOT OF HARDSHIP. AND THE PEOPLE UP AT THIS END OF THE STATE

KNOW THAT. SO WHEN WE TALK ABOUT WHAT'S GOING IN THE CITY, WHICH IS

CRAZY WHEN I FOLLOW THE NUMBERS EVERY DAY FROM ALBANY DOH, I ALSO

POST ABOUT THE NUMBER OF COUNTIES UP -- UP AROUND THE REST OF THE STATE.

AND I'M SURE IF YOU'RE IN NEW YORK CITY, YOU PROBABLY DON'T REALIZE, I

HAVE THE NUMBERS IN FRONT OF ME THAT JUST IN THE LAST SIX, SEVEN DAYS,

WE'RE OVER ALMOST 17 OR 18 COUNTIES THAT IN ONE WEEK HAD LESS THAN FIVE

OR SIX CASES IN A WEEK. TWO COUNTIES HAD ZERO IN A WEEK, OKAY? FOUR

COUNTIES HAD ONE CASE IN A WEEK. SO, YOU'RE LOOKING AT 20. IF I GO UP

TO SAY 15 TO 20, 25 PEOPLE IN THE LAST WEEK, WE'RE LOOKING AT OVER 30,

33 COUNTIES, WHICH REPRESENT OVER 70 PERCENT OF THE MASS OF THE STATE.

SO WHEN WE GO TO NEW YORK CITY, WHAT'S GOING ON

THERE? IT -- IT'S 100 PERCENT, 1,000 PERCENT DIFFERENT THAN WHAT'S GOING

ON IN THE REST OF THE STATE. AND THAT'S WHY I THINK THERE'S SUCH A

KICKBACK UP AT OUR END WITH OPENING AND GETTING THINGS MOVING A LITTLE

QUICKER, BECAUSE YOU HAVE LITERALLY PLACES HERE WE HAVE A 100 SQUARE

MILES WITHOUT ONE CASE. AND -- AND I THINK THAT'S WHY SOMETHING LIKE

THIS, IT JUST NEEDS TO BE SAID THAT, YOU KNOW WHAT, I THINK THERE'S A LOT

MORE SUPPORT IF WE SAY, HEY, LET'S LET -- THIS IS A NEW YORK CITY

PROBLEM AND LET'S GET IT TO NEW YORK CITY, OKAY, BECAUSE THEY'RE BEST

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AT TAKING CARE OF IT, BUT DON'T PUT IT ON THE REST OF THE STATE.

YOU KNOW, ANOTHER COMMENT SOMEONE SAID WHICH I

THINK DEFINES THE DIVIDE BETWEEN THE PARTIES IN A LOT -- THEY SAID, YOU

KNOW, WE'RE ALWAYS LOOKING AT WAYS TO RAISE REVENUE, YOU KNOW, WHEN

I'M -- WHEN I'M ONE OF THE PEOPLE THAT I'M ALWAYS LOOKING AT WAYS TO

MAKE THINGS BETTER AND POSSIBLY CUT, OKAY, AND LOOKING AT A CUTTING THE

WASTE, THE FRAUD, THE ABUSE, LOOKING AT A PROGRAM AND SAYING DOES IT

ACTUALLY WORK INSTEAD OF JUST SAYING LET'S THROW MORE MONEY AT IT, AND I

THINK THAT'S ONE OF THE REASONS THE STATE'S IN THE POSITION IT IS.

SO, WITH THAT, I'M NOT GOING TO SUPPORT THIS BILL AND,

YOU KNOW, BUT I UNDERSTAND WHY NEW YORK CITY MIGHT BECAUSE IT'S A

DIFFERENT BALL GAME UP THERE WITH HUGE HIGH-RISES IN -- IN DIFFERENT

AREAS, BUT UP HERE, IT'S NOT. SO, WITH THAT, THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: SORRY, I DIDN'T HEAR YOU.

ACTING SPEAKER AUBRY: NO PROBLEM.

MR. MANKTELOW: YEAH, PRETTY MUCH -- PRETTY

MUCH, EVERYTHING'S BEEN SAID ALREADY, BUT I DO WANT TO SHARE A FEW

THINGS, A FEW ITEMS THAT HAVE BEEN SAID HERE IN THE LAST HALF HOUR OR SO.

I LIVE UP IN THE FINGER LAKES AREA, WE WERE VERY FORTUNATE TO BE ONE OF

THE AREAS THAT OPENED UP FIRST, AND MEETING WITH A LOT OF OUT PEOPLE IN

OUR AREAS, AND ESPECIALLY THE LANDLORDS AND THE TENANTS ON BOTH SIDES,

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I'M UNDERSTANDING WHAT'S REALLY GOING ON. AND THIS IS A GREAT BILL, IT'S A

GREAT BILL FOR TENANTS. I THINK, LIKE ONE OF MY FORMER COLLEAGUES JUST

SAID -- THE PRIOR COLLEAGUE JUST SAID IN CERTAIN PARTS OF THE STATE

DEFINITELY NEED IT. AFTER SPENDING TWO DAYS DOWN IN NEW YORK CITY

LAST SUMMER LOOKING AT SOME OF THE HOUSING SITUATIONS AND -- AND WHAT

THEY HAVE THERE AND WHAT'S SO DIFFERENT IN UPSTATE NEW YORK VERSUS

DOWNSTATE, BUT, WE ARE ALL NEW YORKERS AND WE ARE ALL IN THIS TOGETHER

AND AS -- AS THE SPONSOR SAID, WE NEED TO DO OUR JOBS, WE NEED TO DO IT

FOR EACH AND EVERY PERSON OF THE STATE.

SO, WHEN WE COME UP WITH A BILL LIKE THIS, I JUST DON'T

REALLY UNDERSTAND WHY IT'S ONLY FOR THE TENANT. CONSTANTLY WE KEEP

HEARING "FOR THE TENANT, FOR THE TENANT". WELL, THE LANDLORDS HAVE THE

SAME ISSUES WITHOUT HAVING MONEY COME IN -- COMING IN JUST LIKE THE

TENANTS. AND IF WE'RE NOT WILLING TO DO THIS ALTOGETHER AS ONE OR TWO

BILLS AT THE SAME TIME, HOW ARE THESE LANDLORDS GOING TO SURVIVE,

ESPECIALLY IN OUR AREA. AND ONE OF THE COMMENTS WAS WELL, THE BANKS,

WE'VE BEEN PAYING THE BANKS, WE'VE BEEN PAYING THE BANKS, WE'VE BEEN

PAYING THE BANKS, AND NOW IT'S THEIR TURN TO PAY. THAT'S NOT THE CASE IN

UPSTATE NEW YORK. WE DON'T HAVE THE -- THE MULTIPLE POTS OF MONEY

SITTING SOMEPLACE IN THE CORNER, WHETHER YOU'RE A BANKER OR A LANDLORD,

A TENANT OR A HOMEOWNER, WE JUST DON'T HAVE THAT WITH OUR POPULATION

IN OUR AREA LEAVING THE STATE TO -- TO GO SOUTH ALL THE TIME. WE JUST

DON'T HAVE THAT ECONOMIC DRIVE, AND WE'RE TRYING TO DO THAT.

AND I HAVE GRAVE CONCERN AS WE MOVE FORWARD WITH

THIS BILL THAT, AGAIN, IN OUR AREA WE HAVE MORE TENANTS -- I'M SORRY, WE

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HAVE MORE HOUSING THAN WE HAVE TENANTS. AND THEY JUST GO AROUND AND

AROUND, ESPECIALLY IN MY AREA. THEY'LL GO FROM ONE COMMUNITY TO THE

NEXT TO THE NEXT AND JUST CONTINUALLY NOT PAY AND NOT PAY AND GO TO THE

NEXT AREA IN -- IN THE NEXT TOWN OVER. AND WE JUST NEED TO MAKE THIS

WORK TOGETHER. AND I DO HAVE CONCERN IF WE DON'T HELP OUR LANDLORDS

OUT RIGHT NOW ALONG WITH THIS BILL, IF WE HAVE A BILL TOMORROW THAT

COMES UP AND WE NEED TO SUPPORT THOSE LANDLORDS SO WE CAN MAKE SURE

THEY DON'T GO AWAY, BECAUSE MOST OF THEM ARE DOING A GREAT JOB, MOST

OF THEM ARE WORKING WITH THE TENANTS, WORKING HAND IN HAND TOGETHER,

AND I KNOW THERE'S A LOT OF PRIDE ON BOTH SIDES OF THE AISLE WHETHER

YOU'RE A TENANT OR A LANDLORD. AND WE JUST DON'T HAVE THAT IN OUR AREA

AND WE JUST NEED TO MAKE THAT WORK FOR OUR LANDLORDS.

YOU KNOW, WE -- WE NEED TO DO OUR JOB EXACTLY RIGHT,

AND OUR JOB IS TO MAKE SURE WE DON'T LOSE OUR LANDLORDS BECAUSE THEN

WE ARE GOING TO HAVE AN EXPLOSION OF HOMELESS PEOPLE BECAUSE THESE --

THESE HOUSING RENTAL UNITS ARE GOING TO GO AWAY. OUR LANDLORDS DO NOT

HAVE THE MONEY BANK TO TAKE CARE OF ALL THE COSTS THAT THEY'RE DEALING

WITH EACH AND EVERY SINGLE DAY. AND THEN IF IT DOES END UP IN COURT,

MORE THAN LIKELY THE LANDLORD'S GOING TO HAVE TO FIT -- OR PAY FOR MOST

OF THAT COST; THE TENANT'S NOT GOING TO HAVE THE MONEY. AND THE TENANT

GETS A LOT OF HELP AND THAT'S GREAT, SOME TENANTS DO NEED IT.

BUT I JUST WANT TO MAKES SURE WE WORK HAND IN HAND

WITH OUR TENANTS, WITH OUR LANDLORDS, WITH OUR BANKERS AND WITH

EVERYBODY THROUGHOUT THE STATE. AND SOME DAY WE NEED TO COME UP

WITH A WAY, AS A COUPLE OF THE COLLEAGUES SAID EARLIER, THAT JUST BECAUSE

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WE'RE IN A DIFFERENT PART OF THE STATE DOESN'T MEAN WE'RE NOT JUST AS

IMPORTANT OR THAT WE CAN'T MAKE THESE THINGS WORK, BUT THEY DON'T

ALWAYS WORK TOGETHER. AND JUST I JUST FEEL THAT THIS ONE-SIZE-FITS-ALL ALL

THE TIME DOESN'T WORK, AND WE'RE GOING TO CONTINUE TO PUSH THAT

MOVING FORWARD.

SO, PLEASE, AS WE MOVE THIS BILL FORWARD, WE NEED TO

COME UP WITH A WAY, AND I HEAR THERE'S SOME BILLS COMING UP

TOMORROW THAT'S -- THAT COULD BE POSSIBLY HELPING OUR LANDLORDS, BUT

WHAT I'M AFRAID OF IS WE PASS THIS TONIGHT AND THEN WE COME TO THE

LANDLORD BILL AND IT DOESN'T PASS, THEN WHAT, THEN WHERE ARE THOSE

LANDLORDS? WE HAVE A -- WE HAVE AN OBLIGATION TO EACH AND EVERY ONE,

WHETHER YOU'RE A TENANT, A LANDLORD, A HOMEOWNER OR -- OR WHATEVER

YOU DO IN THIS STATE, AND JUST SOMETIMES I THINK THAT THE BUSINESS

OWNERS AND LANDLORDS AND BANKERS, EVERYBODY SEEMS TO THINK THEY

HAVE DEEP POCKETS. WELL, MAYBE DOWN IN WALL STREET THEY DO, BUT

DEFINITELY NOT IN OUR RURAL AREAS IN UPSTATE. AND I JUST WANT TO MAKE

SURE WE'RE LOOKING OUT FOR THEM AND TO MAKE SURE WE ARE WILLING TO DO

SOMETHING FOR THEM. AND I -- I OFFER THIS OUT, YOU WANT HELP, I'LL BE

MORE THAN WILLING TO HELP ANY ONE OF YOU WORK ON SOME LEGISLATION TO

MAKE SURE WE DO HELP THEM, MAKE SURE IT'S -- IT'S EQUAL, BECAUSE THERE

ARE SOME BAD APPLES ON BOTH SIDES. AND LET'S GO AFTER THE BAD APPLES

AND LET'S NOT HURT EVERYONE THAT'S DOING A GREAT JOB.

SO, THANK YOU, MR. SPEAKER, AND I WILL NOT BE

SUPPORTING THIS BILL BECAUSE I WANT TO MAKE SURE THERE'S OTHER PARTS THAT

WE HELP WITH THE -- WITH THE LANDLORDS AND THE OTHER PEOPLE INVOLVED.

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SO, THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. ABINANTI.

MR. ABINANTI: IN TOUGH TIMES, LEGISLATURES HAVE

TO MAKE TOUGH DECISIONS. RIGHT NOW, I USE AS THE STANDARD KEEPING OUR

COMMUNITY FUNCTIONING, AND OUR COMMUNITY IS THE STATE OF NEW YORK,

NOT JUST INDIVIDUAL PARTS OF IT. WE'VE HEARD PEOPLE TAKE ABOUT THE

PROBLEMS IN NEW YORK CITY, WE'VE HEARD PEOPLE TALK ABOUT THE

PERSPECTIVE OF UPSTATE NEW YORK. WELL, I REPRESENT IN BETWEEN. I

REPRESENT THE SUBURBS. BUT I ALSO HAVE TENANTS WHO COULD VERY MUCH

BENEFIT BY THIS LEGISLATION. THE COUNTERVAILING PROBLEM IS MOST OF THE

LANDLORDS IN WESTCHESTER COUNTY ARE LIKE THE UPSTATE LANDLORDS WE'VE

HEARD ABOUT.

BUT UNLIKE SOME OF MY OTHER COLLEAGUES, I'M LOOKING

AT THIS AS A PACKAGE, AND WE ALL HAVE TO COME TOGETHER AND SUPPORT THE

ENTIRE PACKAGE. WE HAVE TO ADDRESS EACH COMPONENT PERHAPS

SEPARATELY, BECAUSE THEY COME FROM DIFFERENT COMMITTEES AND WE HAVE

DIFFERENT PEOPLE WORKING ON THEM, BUT WE'VE TALKED ABOUT PROPERTY TAX

ABATEMENTS. TOMORROW WE'RE GOING TO TALK ABOUT MORTGAGES FOR

OWNER-OCCUPIED RESIDENTS. SO, RIGHT NOW, WE'RE FOCUSING ON HOW DO

WE HELP THE TENANTS?

SO I SEE THIS AS A PACKAGE. I'M PLANNING TO SUPPORT

THE ENTIRE PACKAGE, AND I'M HOPING MY COLLEAGUES WHO ARE CONCERNED

ABOUT INDIVIDUAL PIECES WILL ALSO LOOK AND SUPPORT THE ENTIRE PACKAGE

SO THAT OUR WHOLE COMMUNITY CAN MOVE FORWARD. WHEN I LOOK AT THIS

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BILL SPECIFICALLY, I THINK IT'S A PRETTY WELL-DRAFTED BILL. IT PROVIDES A

REASONABLE DEFINITION FOR THE PERIOD WHEN THIS RELIEF IS AVAILABLE; IT

NARROWS IT DOWN TO A COUNTY LEVEL SO THAT A COUNTY THAT IS NOW BACK --

HAS FINISHED PHASE 4 AND IS FULLY OPEN, WILL NO LONGER BE RESTRICTED BY

THIS; IT PROVIDES A REASONABLE STANDARD FOR THE COURTS TO MEASURE

WHETHER THE HARDSHIP IS ONE THAT IS COVERED BY THE BILL AND WHETHER IT'S

COVID-RELATED. SO, I THINK IT'S PROVIDES A PRETTY FOOD FRAMEWORK FOR

THIS LEGISLATURE TO USE AND TO MOVE FORWARD.

AND IT ALSO ATTEMPTS TO BALANCE THE HARDSHIPS THAT ARE

GOING TO OCCUR AS A RESULT OF COVID. WE HAVE PEOPLE, WHO BECAUSE

OF CIRCUMSTANCES BEYOND THEIR CONTROL, LOST WHAT WAS PREVIOUSLY STABLE

INCOME THROUGH NO FAULT OF THEIR OWN, AND THEY CAN'T FIND ANOTHER JOB.

WE'VE GOT TO KEEP THEM IN WHAT IS THEIR HOME. WE CAN'T SAY, TOO BAD,

YOU'RE COLLATERAL DAMAGE. THIS IS A PLACE WHERE THEY'VE LIVED, THIS IS A

PLACE WHERE THEY WANT TO STAY, AND WE'VE GOT TO HELP THEM STAY THERE.

AND AS I SAID, THIS IS GOING TO PUT SOME HARDSHIP ON THOSE SMALL ONE,

TWO, THREE, FOUR-FAMILY OWNERS.

BUT WE HAVE OTHER BILLS THAT ARE COMING DOWN THE

LINE. AND THIS SESSION HOPEFULLY IS NOT JUST TWO DAYS. WE'RE DEALING

WITH A SERIES OF BILLS TODAY AND TOMORROW, BUT THIS LEGISLATURE IS NOT

GOING TO STOP WORKING. IF WE'RE NOT GOING TO SOLVE ALL OF THE PROBLEMS

TODAY AND TOMORROW, WE LEGISLATORS ARE GOING TO CONTINUE LOOKING AT

THESE PROBLEMS AND DRAFTING LEGISLATION TO RESOLVE THE ISSUES THAT WE

HAVEN'T SOLVED IN THESE TWO DAYS. BUT MY COLLEAGUES HAVE ALREADY

REFERRED TO A BILL THAT IS HOPEFULLY GOING TO BE PASSED TOMORROW WHICH

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WILL PROVIDE SOME -- SOME -- SOME MONETARY RELIEF SO THAT THE

LANDLORDS WHO FIND THE TENANTS UNDER THIS BILL WILL NOT BE EVICTED, THOSE

LANDLORDS WILL GET SOME MONEY FROM THE STATE TO PAY THE RENT FOR THESE

PEOPLE WHO CAN'T PAY THEIR RENT.

SO, MR. SPEAKER, I WILL VOTE IN THE AFFIRMATIVE ON THIS

BILL. IT IS PART OF A PACKAGE. IT IS A WELL-DRAFTED BILL JUST ON ITS OWN,

AND I HOPE THAT WE CAN PASS THE ENTIRE PACKAGE AND PROVIDE SOME

SUPPORT AND KEEP OUR STATE COMMUNITY FUNCTIONING UNTIL WE COME OUT

OF THIS COVID CRISIS.

ACTING SPEAKER REYES: ASSEMBLYMEMBER

GLICK.

MS. GLICK: THANK YOU, MR. [SIC] SPEAKER. YOU

KNOW, I'VE LISTENED TO THIS AND I JUST WANT TO SAY A FEW THINGS ABOUT THE

REALITY OF PEOPLE ON THE GROUND, WHETHER THEY LIVE IN NEW YORK CITY,

LONG ISLAND, OR IN THE FINGER LAKES, OR IN THE CAPITAL REGION, OR THE

WESTERN PART OF THE STATE. I DO NOT BELIEVE THAT WE HAVE REACHED A

POINT WHERE BARS AND RESTAURANTS ARE OPEN, MUSEUMS AND OTHER

ENTERTAINMENT VENUES ARE OPEN. ALL OF THE PEOPLE WHO WORKED IN

THOSE, REGARDLESS OF WHERE THEY LIVE IN THE STATE, ARE OUT OF WORK.

THEY'RE OUT OF WORK. IT DOESN'T MATTER WHETHER YOU ARE DOWNSTATE OR

UPSTATE, THERE ARE A WHOLE RANGE BUSINESSES THAT AREN'T HAPPENING NOW.

THOSE PEOPLE, WORKING PEOPLE, ARE NOT MAKING ANY MONEY. YES,

THEY'RE SUPPOSED TO BE GETTING THEIR UNEMPLOYMENT INSURANCE. WELL, I

DON'T KNOW ABOUT YOU, BUT MY OFFICE HAS HAD A LOT OF PEOPLE WHO HAVE

APPLIED AND, FOR WHATEVER REASON, HAVE NOT ACTUALLY GOTTEN THEIR

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UNEMPLOYMENT YET. SO THEY'RE NOT ROLLING IN THE MONEY, THEY DON'T

HAVE $1,000 A MONTH THAT'S COMING IN, THEY ARE STRUGGLING.

AND THE ONE THING WE LEARNED -- YOU KNOW, THIS ISN'T

THE FIRST TIME THAT WE'VE HAD A HEALTH CRISIS THAT HAS BEEN IGNORED BY

THE FEDERAL GOVERNMENT. DURING THE AIDS CRISIS, WE HAD A PRESIDENT

WHO DIDN'T MENTION IT 'TIL HUNDREDS AND MAYBE THOUSANDS OF AMERICANS

HAD DIED. THE WORDS NEVER PASSED HIS LIPS. WHAT WE LEARNED WAS THAT

IF YOU ARE SICK, THE NUMBER ONE THING YOU NEED IS HOUSING. YOU CANNOT

BE TOSSED OUT ON THE STREET IF YOU'RE SICK, OR IF YOU HAVE A FAMILY

MEMBER WHO IS SICK.

THIS HAS BEEN A PROFOUND, PROFOUND DISRUPTION OF

EVERYBODY'S LIFE, NOT JUST IN NEW YORK CITY. WHILE WE MAY HAVE BEEN

A MORE DENSE LOCATION AND HAD LARGER NUMBERS, THERE ARE PEOPLE WHO

HAVE DIED IN OTHER PLACES AND THEY MAY HAVE BEEN THE BREADWINNER.

SO, I APPRECIATE -- AND ON EVERY MEETING THAT I PARTICIPATE IN, I REMIND

PEOPLE THAT IF YOU HAVE YOUR JOB, YOU HAVE TO PAY YOUR BILLS, BECAUSE

THAT IS CRUCIAL TO STABILIZING THE ECONOMY. SO WHOEVER HAS A JOB HAS TO

KEEP PAYING THEIR BILLS, BUT IF YOU DON'T HAVE A JOB OR YOU AND YOUR

SPOUSE DON'T HAVE A JOB, AND THE UNEMPLOYMENT HASN'T COME THROUGH,

YOU DON'T HAVE THE ABILITY TO PAY. AND YOU SHOULD NOT LOSE YOUR

HOUSING, BECAUSE THAT DOESN'T BENEFIT ANYBODY, IT ONLY PUTS MORE

PRESSURE ON THE GOVERNMENT, THE COUNTY, TO DO SOMETHING ABOUT IT.

SO THIS IS, HOPEFULLY, MORE TIME LIMITED THAN

SOMETHING THAT ROLLED OUT FOR YEARS IN THE AIDS CRISIS, WHICH WAS NOT

LIMITED TO ONLY CERTAIN PEOPLE, THIS HAS BEEN SOMETHING NOBODY HAS

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EXPERIENCED, CERTAINLY PEOPLE WHO WENT THROUGH THE DEPRESSION, THERE

MAY BE SOME OF OUR CONSTITUENTS WHO CAN TELL US STORIES ABOUT THAT.

THIS IS ALSO GOING TO CHANGE PEOPLE'S BEHAVIOR. AND IT'S NOT CLEAR THAT

ALL OF THE BUSINESSES THAT WENT OUT ARE GOING TO SURVIVE. SO PEOPLE

WHO THINK, YOU KNOW, IF I CAN -- IF THE -- IF THE STATE COULD JUST LET MY

AREA REOPEN A BUILT LITTLE BIT MORE, IF WE COULD JUST GET MORE THAN

CURBSIDE RETAIL WE'LL -- WE'LL BE FINE. THAT -- THAT MAY NOT HAPPEN.

SO, THIS ISN'T THE END OF THE ROAD AND, IN MANY

INSTANCES, NEW YORK CITY MAY BE MORE RESILIENT, AND YOU ALL BETTER

HOPE THAT IT IS BECAUSE THAT'S WHAT CARRIES THE FREIGHT FOR THE STATE

BUDGET. SO, I JUST URGE PEOPLE TO THINK MORE BROADLY AND UNDERSTAND,

UNDERSTAND THAT REGARDLESS OF WHERE PEOPLE LIVE, IF THEY'VE BEEN

IMPACTED, THEY'VE LOST THEIR JOB, THEY DON'T HAVE THE MONEY FOR THEIR

RENT, THEY HAVE SHOULD HAVE FORBEARANCE. AND TOMORROW, WE'LL TRY TO

DEAL WITH A TOO MODEST, BECAUSE WE'RE NOT GETTING ANY HELP FROM THE

FEDERAL GOVERNMENT YET, A TOO MODEST SUBSIDY, RENTAL SUBSIDY, THAT WILL

GO TO THE LANDLORDS.

SO, I URGE PEOPLE TO SUPPORT THIS BILL AND TO THINK

ABOUT HOW YOU WOULD FEEL IF YOU HAD LOST YOUR JOB THROUGH NO FAULT OF

YOUR OWN AND NOW YOU'RE BEING TOLD YOU'VE LOST YOUR HOUSING. IT'S JUST

NOT SMART FOR US TO DO THAT TO PEOPLE. I WILL BE HAPPILY VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: MR. GOODELL.

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NYS ASSEMBLY MAY 27, 2020

MR. GOODELL: MR. SPEAKER, WE REQUEST THIS BE A

SLOW ROLL CALL VOTE.

ACTING SPEAKER AUBRY: MR. GOODELL HAS

REQUESTED A SLOW ROLL CALL. MEMBERS ARE ASKED TO CAST THEIR VOTES. THE

CLERK WILL RECORD THE VOTE SLOWLY.

(THE CLERK RECORDED THE VOTE.)

(WHEREUPON, A SLOW ROLL CALL WAS CALLED.)

MRS. PEOPLES-STOKES: MADAM CLERK, DON'T WE

HAVE TO SEE THE MEMBERS' FACES WHEN THEY'RE VOTING?

THE CLERK: YES.

MRS. PEOPLES-STOKES: OKAY, BECAUSE ABINANTI

WAS UP THERE FOR A MINUTE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

AND EVEN THOSE WHO ARE REMOTELY AT HOME THAT THIS IS THE FIRST SLOW ROLL

CALL OF TODAY, MEANING THAT EVERYONE WILL HAVE TO HAVE THEIR FACE

APPEAR ON THE SCREENS IN FRONT OF OUR MONITORS IN CHAMBERS BEFORE

CASTING YOUR VOTE. YOU'RE GOING TO BE CALLED INDIVIDUALLY, SO WE ALL

KNOW EXACTLY WHAT OUR NAME IS SO WE'LL KNOW IT'S IN ALPHABETICAL

ORDER, YOU'LL KNOW WHEN YOU SHOULD BE IN AND AROUND IN FRONT OF YOUR

REMOTE SYSTEM SO THAT YOU ARE PREPARED TO CAST YOUR VOTE. FOR THAT,

THANK YOU, MR. SPEAKER. THIS IS A SLOW ROLL CALL.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES. SLOW ROLL CALL. PLEASE, IF YOU ARE -- WHEREVER YOU ARE,

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NYS ASSEMBLY MAY 27, 2020

PLEASE PAY ATTENTION, WE REQUIRE YOU TO VOTE IN PERSON. STATE YOUR

NAME AND VOTE.

GO AHEAD, MADAM CLERK.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MRS. BARRETT: YES. (NOT APPEARING ON MONITOR)

ACTING SPEAKER AUBRY: NAME AND VOTE. AND

WE NEED TO SEE YOUR FACE.

THERE IT IS. NAME AND VOTE.

THE CLERK: MRS. BARRETT.

(MRS. BARRETT APPEARING ON MONITOR - NO SOUND)

(PAUSE)

THE CLERK: MRS. BARRETT.

MRS. BARRETT: YES.

ACTING SPEAKER AUBRY: MRS. BARRETT, YOU

MUST STATE YOUR NAME AND YOUR VOTE SO WE CAN PICK YOU UP.

MRS. BARRETT: OKAY. ASSEMBLYMEMBER DIDI

BARRETT AND I'M VOTING YES.

ACTING SPEAKER AUBRY: THERE WE GO. THANK

YOU SO VERY MUCH.

THE CLERK: THANK YOU, MS. -- MRS. BARRETT.

MR. BARRON.

ACTING SPEAKER AUBRY: MR. BARRON TO

EXPLAIN HIS VOTE.

MR. BARRON: I WANT TO VOTE NO ON THIS FOR THIS

REASON: ONE, ARE WE REALLY HELPING THESE TENANTS? HARVEY EPSTEIN HAD

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A BILL THAT INCLUDED ALL TENANTS. THIS BILL LEAVES OUT FIVE MILLION

NO-FAULT EVICTION TENANTS. THIS BILL IS GOING TO HAVE TENANTS PAY A

FINANCIAL BURDEN AT THE END FOR BACK RENT WHEN THEY'RE UNEMPLOYED AND

DON'T HAVE THE MONEY. THERE'S NO RENT RELIEF IN THIS BILL. WE CAN'T BE --

KEEP COMING UP SHORT WHEN WE HAVE MONIES THAT CAN PAY RENT RELIEF,

COVER ALL THE TENANTS AND COVER ALL TYPES OF EVICTIONS. I DON'T WANT

PEOPLE TO THINK THEY REALLY GOT SOMETHING WHEN THE GOVERNOR ALREADY

SAID FOR THREE MONTHS THAT THEY CAN'T BE EVICTED, BUT EVEN AT THE END OF

HIS THREE MONTHS, HOW DO YOU PAY THE BACK RENT?

WE SHOULD HAVE HAD RENT RELIEF IN HERE. IT SHOULD

HAVE COVERED ALL OF THE TENANTS AND FORECLOSURES. THIS BILL DOESN'T DO

THAT. WE HAD A EPSTEIN BILL. I THINK AUBRY HAD A BILL THAT WAS BETTER

THAN THIS. AND WE ALL HAVE TO SETTLE FOR THIS. I'M VOTING NO TO MAKE A

STATEMENT. THIS BILL IS GOING TO PASS, BUT WE HAVE TO STOP DOING THIS.

WE'RE GOING TO HURT THESE TENANTS AT THE END. IF THEY'RE UNEMPLOYED

ALREADY, THEY DON'T HAVE THE MONEY, HOW ARE THEY GOING TO PAY ALL OF

THESE BACK RENTS THAT'S NOT GOING TO HELP THEM AT ALL WHEN YOU HAVE A

FINANCIAL JUDGMENT CAN BE MADE AGAINST THEM?

SO, I THINK THAT WHEN WE SEE WHAT HAS HAPPENED TO

TENANTS IN THIS COVID CRISES, WHEN WE SEE ALL OF THE STUFF THAT'S GOING

ON WITH THE -- PARTICULARLY THE BLACK AND BROWN STRUGGLING

COMMUNITIES, WE HAVE TO COME UP WITH BILLS THAT HAVE RENT RELIEF,

COVERS EVERYBODY, AND BILLS THAT WILL NOT HAVE YOU PAY A FINANCIAL

BURDEN AT THE END OF THIS. IT MAY -- MAY FEEL GOOD NOW BECAUSE YOU

CAN'T BE EVICTED, BUT AT THE END, YOU'RE GOING TO PAY WHEN YOU DON'T

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NYS ASSEMBLY MAY 27, 2020

HAVE THE MONEY TO TAKE CARE OF ALL OF THE BACK RENT THAT HAS

ACCUMULATED.

SO, I WILL BE VOTING NO IN THIS AND ENCOURAGING US TO

DO BETTER. LET'S DO HARVEY EPSTEIN'S BILL OR --

ACTING SPEAKER AUBRY: THANK YOU.

MR. BARRON: -- AUBRY'S BILL.

(WHEREUPON, THE CLERK CONTINUED A SLOW ROLL CALL.)

THE CLERK: MS. CRUZ.

MS. CRUZ: CATALINA CRUZ, YES, URGING US TO

CONTINUE WORKING TO MAKE SURE THAT WE MEET ALL THOSE NEEDS THAT WERE

DESCRIBED BY MEMBER BARRON. I FIRMLY BELIEVE THAT WE COULD BE DOING

BETTER AND SHOULD BE DOING BETTER BECAUSE THE RENT IS GOING TO COME

DUE. AND SO, WHILE THIS IS HELPING A LITTLE BIT, THERE'S SO MUCH MORE

THAT WE NEED TO DO.

(WHEREUPON, THE CLERK CONTINUED A SLOW ROLL CALL.)

THE CLERK: MS. DE LA ROSA.

MS. DE LA ROSA: CARMEN DE LA ROSA, YES, AND

JOINING MY COLLEAGUES IN URGING US TO DO MORE TO MAKE SURE THAT FOLKS

ARE NOT DISPLACED FROM THEIR HOMES. THANK YOU.

THE CLERK: THANK YOU. MS. DE LA ROSA, YES.

MR. DENDEKKER.

MR. DENDEKKER: ASSEMBLYMEMBER DENDEKKER,

I WILL ALSO BE VOTING IN THE AFFIRMATIVE. AND I ALSO HAVE THE SAME

CONCERNS THAT WE COULD BE HELPING MORE, BUT BY VOTING NO IS NOT THE

WAY TO DO IT AND MAKING A STATEMENT. I THINK THE CORRECT THING TO DO IS

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TO HELP AS MANY PEOPLE AS WE CAN AND IF THIS BILL HELPS JUST A FEW

PEOPLE, IT'S A START. AND TO VOTE NO AND NOT HELP THOSE FEW PEOPLE IS

WRONG. I HOPE WE DO MORE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

THE CLERK: MR. EPSTEIN.

MR. EPSTEIN: YES. SO I -- I JUST WANT TO REITERATE

WHAT WE'VE HEARD FROM OUR COLLEAGUES AROUND -- WHILE THIS IS HELPFUL

AND I REALLY APPRECIATE THE ASSEMBLYMEMBER DINOWITZ'S BILL, I THINK

WE NEED TO GO A LOT FURTHER TO PROTECT SO MANY MORE NEW YORKERS. I

THINK THERE'S SO MUCH MORE WE CAN DO TO EXTEND THE EVICTION

MORATORIUM AND NOT SEEK EVICTION FROM PEOPLE, ESPECIALLY DURING THESE

CRAZY TIMES. I AM FOR -- I'LL BE VOTING YES. I HOPE THAT WE CONTINUE TO

HAVE THIS ISSUE ALIVE AND DO MUCH FOR THE TENS OF THOUSANDS OF RENTERS

WHO ARE STRUGGLING EVERY SINGLE DAY IN NEW YORK. THANK YOU. I VOTE

IN THE AFFIRMATIVE.

THE CLERK: THANK YOU, MR. EPSTEIN.

MS. FAHY.

MS. FAHY: AM I -- NOW, YOU CAN HEAR ME?

THE CLERK: YES.

MS. FAHY: OKAY. I JUST WANT TO SAY THAT, AGAIN, THIS

IS PAT FAHY, I VOTE YES IN THE AFFIRMATIVE, BUT I WANT TO ADD A BRIEF

STATEMENT THAT I DO SHARE CONCERNS THAT WERE RAISED ON BOTH SIDES HERE.

ONE, THAT WE NEED TO DO MUCH MORE. VERY MUCH RECOGNIZE THAT WE

NEED STIMULUS DOLLARS FROM THE FEDS AND WE NEED TO NOT ONLY ADDRESS

MORE WITH REGARD TO RENT RELIEF, BUT WE MUST ADDRESS THE -- THOSE WHO

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ARE THE OWNERS, ESPECIALLY OF SMALLER PROPERTIES, THE -- THE LANDLORDS

THAT MAY HAVE ONE, TWO OR EVEN TEN UNITS, BECAUSE OF THE RIPPLE EFFECT

HERE OF NOT BEING ABLE TO PAY RENT. IT WILL JUST CONTINUE TO AFFECT LOCAL

ECONOMIES.

SO, WE VERY MUCH NEED TO LOOK AT THIS IN A MUCH

BROADER WAY AND WE TRULY NEED THAT RENT RELIEF ASSISTANCE FROM THE FEDS

IN ORDER TO GO FURTHER. SO, WE CAN'T FORGET THE LANDLORDS, WE CAN'T

FORGET THAT MORTGAGE RELIEF. THANK YOU SO MUCH.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

THE CLERK: MS. FERNANDEZ.

MS. FERNANDEZ: THANK YOU. ASSEMBLYMEMBER

FERNANDEZ, I SHARE THE SENTIMENTS THAT THIS IS ONLY STEP ONE AND MUCH

MORE NEEDS TO BE DONE TO REALLY HELP ALL NEW YORKERS, BUT I VOTE IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. GOTTFRIED.

MR. GOTTFRIED: THIS BILL MAY BE ONLY ONE PART OF

THE ANSWER TO THE PROBLEM, BUT IT'S A VERY SMART AND IMPORTANT PART OF

THE ANSWER AND I VOTE YES.

THE CLERK: THANK YOU. MR. GOTTFRIED, YES.

MRS. GRIFFIN.

(NO RESPONSE)

MRS. GRIFFIN.

MRS. GRIFFIN: FINALLY. LET ME UN-MUTE. YES,

JUDY GRIFFIN IS VOTING YES AND I LOOK FORWARD TO THE OTHER PARTS OF THIS

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NYS ASSEMBLY MAY 27, 2020

PACKAGE THAT OFFER RELIEF TO HOMEOWNERS AND LANDLORDS. THANK YOU.

THE CLERK: THANK YOU. MRS. GRIFFIN IS IN THE

AFFIRMATIVE.

MRS. GUNTHER.

MRS. GUNTHER: I'M VOTING YES, BUT I THINK THIS

BILL IS FLAWED AND THE FACT IS THAT IN UPSTATE NEW YORK, WE HAVE SMALL

LANDLORDS FOR -- FOR SOME OF THESE BUILDINGS AND THEIR -- THEIR TAXES WILL

COME THROUGH AND THEY HAVE MORTGAGES. AND SO, THIS DOESN'T DO

ENOUGH TO HELP THOSE FOLKS THAT HAVE WORKED ALL THEIR LIVES TO OWN

THESE PIECES OF PROPERTY. I'LL VOTE YES AND I HOPE TO WORK ON A BILL THAT

WILL ALSO ADDRESS ALL OF THE ISSUES, NOT JUST SOME OF THE ISSUES.

THE CLERK: THANK YOU. MRS. GUNTHER IS IN THE

AFFIRMATIVE.

MR. HAWLEY.

MR. HAWLEY: YES, I CONCUR WITH AILEEN'S

COMMENTS; HOWEVER, VOTING YES ON THIS BILL SENDS THE WRONG MESSAGE

AND DOES THE WRONG THING, SO I WILL BE VOTING IN THE NEGATIVE.

THE CLERK: THANK YOU. MR. HAWLEY IS IN THE

NEGATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MS. HUNTER.

MS. HUNTER: I'M VOTING YES, BUT I DEFINITELY FEEL

LIKE THERE IS MUCH, MUCH MORE WORK THAT WE NEED TO DO. I DEFINITELY

SEE THAT WITH SOME OF THE -- THE FOLKS THAT WE HAVE WHO ARE ABLE TO PAY

AND HEARING FROM MY LANDLORDS WHO SOME ARE WORKING AND WHO ARE

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NOT PAYING, THAT THERE IS RELIEF AND HELP FOR -- FOR SOME OF THOSE FOLKS.

GENERALLY, THE PROBLEM THAT WE'RE HAVING IN SYRACUSE IS NOT THAT FOLKS

AREN'T PAYING, THAT THEY'RE JUST HAVING A PAYING NOW BECAUSE THE

UNEMPLOYMENT MONIES HAS TAKEN SO LONG FOR IT TO GET TO PEOPLE. THAT

IS THE REASON WHY THEY HAVE NOT BEEN ABLE TO PAY.

SO, I THINK IF WE'RE HAVING CONVERSATIONS ABOUT

HELPING TENANTS AND MAKING SURE THEY DON'T GET EVICTED, WE DEFINITELY

NEED TO BE DOING SOMETHING ABOUT THE DEPARTMENT OF LABOR AND

WORKING TO GET PEOPLE PAID THEIR MONEY SO THAT THEY CAN PAY THEIR RENT.

BUT I WILL BE VOTING IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MS. HUNTER IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MS. JAFFEE.

MS. JAFFEE: YES. OF COURSE WE STILL HAVE WORK

AHEAD OF US, BUT AT THIS TIME IT'S A GOOD WAY TO BEGIN AND I VOTE YES.

THE CLERK: THANK YOU. MS. JAFFEE IS IN THE

AFFIRMATIVE.

MS. JEAN-PIERRE.

MS. JEAN-PIERRE: YES. KIMBERLY JEAN-PIERRE IN

THE AFFIRMATIVE, AND I DO AGREE WITH SOME OF MY COLLEAGUES, WE NEED

TO DO MORE FOR OUR SMALL LANDLORDS. IN THE AFFIRMATIVE. THANK YOU.

THE CLERK: THANK YOU. MS. JEAN-PIERRE IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

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NYS ASSEMBLY MAY 27, 2020

MR. LAVINE.

MR. LAVINE: WE CANNOT ENCOURAGE OR ENABLE

WHOLESALE EVICTIONS OF THOSE WHO HAVE LOST THEIR WORK SIMPLY BECAUSE

OF THE PANDEMIC. THAT WILL DESTABILIZE OUR COMMUNITIES, OUR STATE AND

OUR NATION. WE HAVE MORE TO DO, AND WE WILL DO EVERYTHING WE CAN AT

THE PRESENT TIME WITHIN THE CONSTRAINTS OF THE FUNDING SOURCES THAT WE

HAVE AVAILABLE. WE WILL NEED MORE FUNDING, AND THAT IS OBVIOUS. I

VOTE IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MR. LAVINE IS IN THE

AFFIRMATIVE.

(THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. LENTOL.

MR. LENTOL: THIS IS JOSEPH LENTOL AND SINCE THE

FEDERAL GOVERNMENT CONTINUES TO SHIRK ITS RESPONSIBILITY TO LANDLORDS,

TENANTS AND SMALL BUSINESSES, I'M COMPELLED TO VOTE YES.

THE CLERK: THANK YOU. MR. LENTOL IS IN THE

AFFIRMATIVE.

(THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. LIPETRI.

MR. LIPETRI: MIKE LIPETRI, LET'S OPEN UP NEW YORK

AND THEN PEOPLE CAN GET BACK TO WORK AND PAY FOR THE RENTS THEY'RE

RELYING ON GOVERNMENT. I'M A NO.

THE CLERK: THANK YOU. MR. LIPETRI IN THE

NEGATIVE.

(THE CLERK CONTINUED THE SLOW ROLL CALL.)

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NYS ASSEMBLY MAY 27, 2020

MS. MALLIOTAKIS.

MS. MALLIOTAKIS: YES, NICOLE MALLIOTAKIS, I WILL

BE VOTING IN THE NEGATIVE. AND I JUST WANT TO ALSO POINT OUT TO MY

COLLEAGUES THAT THERE ARE SMALL LANDLORDS OUT THERE WHO ARE REALLY

STRUGGLING RIGHT NOW. THEY DON'T HAVE THE ABILITY TO PAY THEIR

MORTGAGE. THEY DON'T HAVE THE ABILITY TO PAY THEIR RENT -- THEIR WATER

BILLS, THEY DON'T HAVE THE ABILITY TO PAY THEIR PROPERTY TAXES, AND THIS IS

ONLY GOING TO MAKE IT WORSE FOR THEM. SO, WE REALLY NEED TO START

THINKING OF SOLUTIONS THAT WILL HELP EVERYONE ACROSS THE BOARD.

AND I WAS ON A CALL THE OTHER DAY WITH SMALL PROPERTY

OWNERS, THE MAJORITY OF THEM WERE MINORITIES IN OUR CITY, MANY OF

THEM WERE IMMIGRANTS WHO WORKED HARD THEIR WHOLE LIVES TO PURCHASE

PROPERTY, TO ACHIEVE THE AMERICAN DREAM, AND THAT'S ALL GOING TO SLIP

AWAY FROM THEM, OKAY? THEY NEED THIS RENTAL INCOME, AND I

UNDERSTAND THAT PEOPLE ARE HAVING DIFFICULTY.

I AGREE WITH MY COLLEAGUE THAT SPOKE EARLIER ABOUT

HELPING PEOPLE, MAKING SURE THEY GET THEIR UNEMPLOYMENT CHECKS AND

GETTING THE SUPPORT THEY NEED, PERHAPS A VOUCHER TO PAY FOR THEIR RENT.

BUT, YOU KNOW, THIS IN ITSELF IS REALLY GOING TO HURT A LOT OF PEOPLE,

PARTICULARLY THOSE THAT THIS BODY AIMS TO PROTECT, THOSE IMMIGRANT

MINORITIES WHO CAME TO THIS COUNTRY, WORKED HARD TO ACHIEVE THE

AMERICAN DREAM. SO, I -- I JUST ASK YOU TO CONSIDER THAT AS WELL AS WE

MOVE FORWARD WITH MAKING POLICY. THANK YOU.

THE CLERK: THANK YOU. MS. MALLIOTAKIS IN THE

NEGATIVE.

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NYS ASSEMBLY MAY 27, 2020

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. MOSLEY.

MR. MOSLEY: IN LIEU OF ALL THAT IS HAPPENING AND

THE FACT THAT THIS IS A PART OF A LARGE -- MUCH LARGER CONVERSATION TO

STABILIZE OUR COMMUNITIES AND OUR -- AND OUR STATE AS A WHOLE, AND

UNDERSTANDING THAT THIS WILL BE, I BELIEVE, THE FIRST OF MANY DOMINOS TO

FALL, BOTH HERE STATEWIDE AS WELL AS FROM WASHINGTON, D.C., I VOTE IN

THE AFFIRMATIVE. MR. MOSLEY.

THE CLERK: THANK YOU. MR. MOSLEY IN THE

AFFIRMATIVE.

MS. NIOU.

(NO RESPONSE)

MS. NIOU.

MS. NIOU: YES, I -- OH, SORRY. I HAVE TO START MY

VIDEO, I GUESS. I WANTED TO SAY THAT I -- I AM A YES, BUT I -- I HAVE A LOT

OF CONCERNS, THE SAME AS MY -- MY COLLEAGUES, BECAUSE I THINK THAT THIS

IS A -- A FIRST STEP. THERE WAS A COUPLE OF BILLS I FELT LIKE WERE BETTER. I

DON'T FEEL LIKE THIS REALLY PROTECTS UNREGULATED TENANTS AND IT ALSO I -- I

FEAR, WILL ALLOW FOR FOLKS TO GARNISH WAGES IF FOLKS ARE -- ENDED UP IN

COURT. SO, THAT'S MY FEAR AND I HOPE THAT, YOU KNOW, WE CAN WORK

SOMETHING OUT ABOUT THAT. SO, THANK YOU, AND I VOTE IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MS. NIOU IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. ORTIZ.

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NYS ASSEMBLY MAY 27, 2020

(NO RESPONSE)

MR. ORTIZ.

MR. ORTIZ: CAN YOU HEAR ME? THIS IS -- THIS IS

FELIX W. ORTIZ. I'LL BE -- I WILL BE VOTING ON THE AFFIRMATIVE, BUT JUST

REMEMBER WE HAVE 4.4 -- 5.4 MILLION RENTERS IN THE STATE OF NEW YORK.

I HAVE A LOT OF RESERVATION ABOUT THIS BILL, BUT THIS IS THE FIRST STEP IN THE

RIGHT DIRECTION AND I KNOW WE WILL BE COMING BACK TO DO MORE FOR OUR

TENANTS. SO I WILL BE IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MR. ORTIZ IS IN THE

AFFIRMATIVE.

MR. PERRY.

MR. PERRY: MR. SPEAKER, THIS BILL IS A

COMMENDABLE ATTEMPT TO DEAL WITH A REAL CRISIS. THE CRISIS IS MUCH,

MUCH MORE THAN WE ACTUALLY ARE DOING HERE BECAUSE IT LEAVES NOT ONLY

THE TENANT BUT THE LANDLORD IN A LURCH. AT THE END OF THE GAME THE

LANDLORD MIGHT NOT GET PAID, THE TENANTS MAY STILL FACE AN UNSURE

PROSPECT OF AN EVICTION HANGING OVER THEIR HEADS. I COMMEND THE

SPONSOR FOR THIS VALIANT ATTEMPT TO FIX A REAL PROBLEM, BUT I JOIN IN

SPONSORSHIP BECAUSE VOTING NO WILL NOT HELP IN ANY WAY AT ALL. THERE

WILL BE NO RELIEF, WHILE PASSAGE OF THIS BILL WILL PROVIDE SOME HELP.

ALTHOUGH THIS IS NOT AS COMPLETE OR ADEQUATE AS IT SHOULD BE, I THINK

WE NEED TO RETURN TO THE DRAWING BOARD AND FIX THE PROBLEM SO SMALL

PROPERTY OWNERS WHO WILL NEED THEIR RENT TO PAY THEIR BILLS WILL SEE WE

ARE SERIOUS ABOUT ADDRESSING THEIR CONCERNS. SO I HAVE PROPOSED A

MORE COMPLETE BILL THAT WILL HAVE RENT -- RENT ASSISTANCE THAT WILL BE

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NYS ASSEMBLY MAY 27, 2020

PAID TO THE LANDLORD ONCE THE TENANT IS FOUND ELIGIBLE. AND I PROPOSE

THAT WE TAKE THE MONEY FROM THE $16 BILLION BAG OF UNCLAIMED FUNDS

HANGING IN THE COMPTROLLER'S OFFICE. MONEY THAT CAN BE USED TO

ADEQUATELY DEAL WITH THIS CRISIS, ADDRESS THE PROBLEM. MONEY THAT WE

CAN PAY BACK. WE SHOULD NOT IGNORE THIS MONEY WHICH IS CERTAINLY

AVAILABLE. DON'T LEAVE TENANTS BY INADEQUATELY HELPING THEM AND

LEAVING THEM IN A DEBT THEY WILL NOT BE ABLE TO PAY BACK, WHILE AT THE

SAME TIME HURTING SMALL PROPERTY OWNERS BY DEPRIVING THEM OF THE RENT

THEY WILL NEED TO PAY THEIR BILLS.

MR. SPEAKER, I VOTE YES.

THE CLERK: THANK YOU. MR. PERRY IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MS. RICHARDSON.

MS. RICHARDSON: THANK YOU SO MUCH. YOU

KNOW, MR. SPEAKER, I -- I KNOW THAT WE CAN ALL ATTEST THAT COVID-19

HAS COME INTO ALL OF OUR LIVES AND TURNED EVERYTHING UPSIDE DOWN. I'VE

HEARD SOME OF MY COLLEAGUES SPEAK THIS EVENING ABOUT GOVERNMENT

HANDOUTS AS THOUGH FOLKS WANTED TO LOSE THEIR JOBS AND BE ON HARD

ECONOMIC TIMES. I'VE ALSO HEARD COMMENTS FROM OTHER OF MY

COLLEAGUES ON THE OTHER SIDE WHERE THEY'VE EXPRESSED CONCERNS THAT THE

BILL DOESN'T GO FAR ENOUGH TO HELP AS MANY RENTERS AS WE WOULD LIKE.

WHEN I LOOK AT THE 43RD ASSEMBLY DISTRICT, I'M IN A VERY DIVERSE

DISTRICT. A DIVERSE DISTRICT ETHNICALLY, A VERY DIVERSE DISTRICT CULTURALLY,

A VERY DIVERSE DISTRICT ECONOMICALLY, AS WELL AS ON THE HOUSING

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NYS ASSEMBLY MAY 27, 2020

FOREFRONT. AND WE KNOW THAT I, ALONGSIDE SOME OF MY COLLEAGUES,

SPEARHEADED SOME OF THOSE STRONG RENT LAWS THAT WE GOT LAST YEAR, AND

-- AND THANK GOD FOR THAT. BUT AT THE SAME TIME, WHILE WE ARE ALL ABOUT

HELPING RENTERS, I HAVE TO BE ABOUT MY ENTIRE DISTRICT AND I HAVE TO BE

ABOUT SUPPORTING HOMEOWNERS, TOO. AND SO, AS WE TALK ABOUT THIS BILL

BEING A FIRST STEP AND WE CONTINUE TO URGE THAT IT IS NOT THE LAST STEP, I

WANT EVERYONE UNDER THE SOUND OF MY VOICE TO KNOW THAT WE KNOW THIS

IS NOT A PERFECT BILL. WE KNOW THAT SOME PEOPLE ARE NOT GOING TO BE

AIDED IMMEDIATELY IN THIS FIRST WAVE. BUT IT IS IN OUR INTENTIONS, IN OUR

CONVERSATIONS, AND AS WELL AS WILL BE IN OUR ACTIONS TO ASSURE THAT NO

ONE IS LEFT BEHIND WHEN THIS PANDEMIC IS OVER.

AND WITH THAT, I VOTE IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MS. RICHARDSON IS IN THE

AFFIRMATIVE.

MR. RIVERA.

MR. RIVERA: I'M GLAD TO SEE ALL OF YOU. YOU'RE ALL

LOOKING GREAT TO ME. I DON'T LOOK THE SAME, BUT I NOTICED THAT KEVIN

CAHILL ALSO DON'T LOOK THE SAME. BUT I WILL TRY TO PROVE TO WAYNE

JACKSON THE NEW-LOOKING ME SO HE DOESN'T STOP ME FROM COMING IN. I

AM PROUD TO VOTE YES. NO BILL, NO LANGUAGE IS PERFECT. WE'RE GETTING

THERE. THANK YOU.

THE CLERK: THANK YOU. MR. RIVERA IS IN THE

AFFIRMATIVE.

MR. RODRIGUEZ.

MR. RODRIGUEZ: HI. ROBERT RODRIGUEZ. I VOTE IN

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NYS ASSEMBLY MAY 27, 2020

THE AFFIRMATIVE AND -- AND SHARE THE SENTIMENTS OF MY COLLEAGUES THAT

THERE ARE STILL PEOPLE THAT WE NEED TO ASSIST AND AID IN TERMS OF EVICTION

PROTECTIONS AND I LOOK FORWARD TO DOING SO IN SUBSEQUENT LEGISLATION.

THE CLERK: THANK YOU. MR. RODRIGUEZ IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MS. LINDA ROSENTHAL.

MS. L. ROSENTHAL: HI. LINDA ROSENTHAL. I VOTE

IN THE AFFIRMATIVE, BUT I AGREE WITH MY COLLEAGUES. WE CAN'T JUST GET

PEANUTS FROM THE FEDERAL GOVERNMENT. THIS IS A HOUSING CRISIS, AND WE

NEED A LOT MORE FUNDING FROM THEM. BUT WE ALSO NEED TO ENSURE THAT

TENANTS AREN'T EVICTED AND SMALL LANDLORDS GET WHAT THEY ARE OWED. BUT

I VOTE IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MS. ROSENTHAL IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. SAYEGH.

MR. SAYEGH: I VOTE IN THE NEGATIVE. AND I JUST

WOULD LIKE TO STATE THAT MY CONCERN IS THE MANY MINORITIES AND

HOMEOWNERS THAT OWN PROPERTY AND THE NEED TO PREVENT ANY DOWNFALL

FROM THAT POPULATION. ALTHOUGH WE'RE ALL VERY STRONG ADVOCATES OF

TENANT PROTECTION LAWS, WE REALLY TRULY BELIEVE THERE NEEDS TO BE A

COMPREHENSIVE PACKAGE THAT REALLY PROTECTS ALL THE PLAYERS THAT ARE IN

OUR DISTRICTS.

SO I VOTE IN THE NEGATIVE.

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NYS ASSEMBLY MAY 27, 2020

THE CLERK: THANK YOU. MR. SAYEGH IN THE

NEGATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MS. SIMON.

MS. SIMON: YES. I WANT TO ECHO THE CONCERNS THAT I

HAVE EXPRESSED PREVIOUSLY WITH REGARD TO HOW MUCH WORK WE NEED TO

DO TO PROTECT EVERYBODY WHO IS AFFECTED BY THIS IN TERMS OF HOUSING

AND THEIR MORTGAGES, ET CETERA, ET CETERA, ET CETERA. BUT I WILL VOTE IN

THE AFFIRMATIVE ON THIS AND GET THE BALL ROLLING. THANK YOU.

THE CLERK: THANK YOU. MS. SIMON IN THE

AFFIRMATIVE.

MS. SIMOTAS.

MS. SIMOTAS: ARAVELLA SIMOTAS. I VOTE IN THE

AFFIRMATIVE, BUT STRESS THAT WHILE THIS RELIEF IS A FIRST GOOD STEP, THERE IS

MUCH MORE WE NEED TO DO TO PROVIDE COMPREHENSIVE AND MEANINGFUL

RELIEF FOR TENANTS AS WELL AS PROPERTY OWNERS. THANK YOU.

THE CLERK: THANK YOU. MS. SIMOTAS IS IN THE

AFFIRMATIVE.

MR. SMITH.

MR. SMITH: DOUG SMITH. ONE SIZE DOES NOT FIT ALL.

I KNOW WE CAN DO BETTER THAN THIS. FOR THAT REASON I'LL BE VOTING NO.

THE CLERK: THANK YOU. MR. SMITH IS IN THE

NEGATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

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NYS ASSEMBLY MAY 27, 2020

MR. STIRPE.

MR. STIRPE: AL STIRPE. AS CHAIR OF SMALL

BUSINESS, I'M COMPELLED TO VOTE IN THE NEGATIVE.

THE CLERK: THANK YOU. MR. STIRPE IS IN THE

NEGATIVE.

MR. TAGUE.

MR. TAGUE: GOOD EVENING TO ALL MY COLLEAGUES. I

JUST WANTED TO SAY IN THE LAST HOUR WE'VE HEARD THE WORDS "HAVING

RESERVATIONS," "NOT ADEQUATE," "NOT A PERFECT BILL," "FLAWED,"

"CONCERNED," "DOESN'T ADDRESS EVERYTHING," "LOTS OF WORK TO DO." WELL,

DON'T YOU THINK WE OWE IT TO THE PEOPLE OF NEW YORK STATE TO GET IT

RIGHT? FOR THOSE REASONS, CHRISTOPHER TAGUE, I VOTE NO.

THE CLERK: THANK YOU. MR. TAGUE IS IN THE

NEGATIVE.

MR. TAYLOR.

MR. TAYLOR: MUCH HAS BEEN SAID ON THIS SUBJECT,

AND I'D LIKE TO JOIN MY COLLEAGUES IN ALSO RECOGNIZING THAT THIS BILL

DOESN'T DO IT ALL, BUT IT IS CERTAINLY A STEP IN THE RIGHT DIRECTION TO

PROVIDE RELIEF AS NEEDED IN MY COMMUNITY AND OTHER PARTS OF NEW

YORK CITY AND NEW YORK STATE, FOR THAT MATTER. AND I THINK WHEN WE

LOOK AT WHAT HAPPENED IN WASHINGTON VARIOUS TIMES (UNINTELLIGIBLE)

THIS IS THE BEGINNING OF THE FIRST STEP. SO, MR. SPEAKER, I VOTE IN THE

AFFIRMATIVE.

THE CLERK: THANK YOU. MR. TAYLOR IS IN THE

AFFIRMATIVE.

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NYS ASSEMBLY MAY 27, 2020

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. VANEL.

MR. VANEL: I SHARE A LOT OF THE CONCERN OF MY

COLLEAGUES, AND KNOWING THAT THIS IS -- THIS BILL IS THE FIRST STEP TO A LOT

OF PROTECTIONS THAT WE ARE GOING TO TRY TO FIGHT FOR FOR NEW YORKERS

ACROSS NEW YORK, IN MY DISTRICT, AND NEW YORKERS ACROSS THE STATE, SO

I VOTE IN THE AFFIRMATIVE.

THE CLERK: THANK YOU. MR. VANEL IS IN THE

AFFIRMATIVE.

MR. WALCZYK.

MR. WALCZYK: HI. MARK WALCZYK. ON BEHALF OF

THE PEOPLE OF THE FRONT YARD OF AMERICA, ESPECIALLY THE LANDLORDS AND

TENANTS WHO WERE SMART ENOUGH WHEN THIS THING STARTED TO KNOW THAT

YOU DON'T GET MORE TOILET PAPER AND HOARD THAT THAN YOU HAVE FOOD IN

YOUR PANTRY. THESE ARE THE SMART PEOPLE IN NEW YORK, AND A LOT OF

NEW YORKERS ARE SMART, WHO KNOW THAT THEY NEED TO THINK LONG-TERM

ABOUT EVERYTHING. THERE'S TWO THINGS THAT WE NEED TO BE THINKING

ABOUT RIGHT NOW IN THIS DISTINGUISHED BODY: THE FIRST IS DOES THIS BILL

KILL THE VIRUS? IT DOESN'T. AND THE SECOND IS HOW CAN WE GET OUR

ECONOMY BACK ON ITS FEET, AND THIS SETS US IN THE WRONG DIRECTION. THIS

IS UNCONSTITUTIONAL, IT IS UNNECESSARILY INVASIVE IN THE RELATIONSHIPS

BETWEEN LANDLORDS AND TENANTS. IT'S BAD GOVERNMENT, IT'S BAD POLICY.

IT'S INADEQUATE. WE'VE SAID THAT A NUMBER OF TIMES TODAY. I'M

DISAPPOINTED, AND NEEDLESS TO SAY I THINK WE NEED TO STOP PANDERING,

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STOP BORROWING ON THE BACKS OF OUR GRANDCHILDREN, GET SERIOUS, MAKE

SOME TOUGH CHOICES. AND MR. SPEAKER, I VOTE NO.

THE CLERK: THANK YOU. MR. WALCZYK IN THE

NEGATIVE.

MS. WALKER.

MS. WALKER: WOW. THERE IS A VIRUS THAT I WISH

THIS BILL DID KILL, AND THAT'S ECONOMIC RACISM. BUT HOWEVER, SINCE IT

DOESN'T, I WILL HAVE TO ACCEPT THE CHALLENGES THAT IT DOES ADDRESS AND

VOTE IN THE AFFIRMATIVE.

SO I, ASSEMBLYMEMBER LATRICE WALKER, VOTE IN THE

AFFIRMATIVE.

THE CLERK: THANK YOU. MS. WALKER IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MRS. WILLIAMS.

MRS. WILLIAMS: JAIME WILLIAMS IN THE

AFFIRMATIVE. BUT WE DO HAVE TO DO MUCH MORE FOR OUR HOMEOWNERS

THAT DO OWN THEIR SINGLE-FAMILY OR TWO-FAMILY HOMES. WE DEFINITELY

HAVE TO DO MUCH MORE FOR OUR HOMEOWNERS. THANK YOU.

THE CLERK: THANK YOU. MS. WILLIAMS IS IN THE

AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

MR. BUCHWALD.

MR. BUCHWALD: THANK YOU. THIS IS DAVID

BUCHWALD. I TRIED TO VOTE EARLIER, BUT APPARENTLY YOU COULDN'T HEAR ME.

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NYS ASSEMBLY MAY 27, 2020

DAVID BUCHWALD VOTES YES.

THE CLERK: THANK YOU, MR. BUCHWALD. MR.

BUCHWALD IS IN THE AFFIRMATIVE.

(WHEREUPON, THE CLERK CONTINUED THE SLOW ROLL CALL.)

ACTING SPEAKER AUBRY: THE CLERK WILL

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RULES REPORT NO. 34, PAGE 5. THE CLERK WILL READ.

THE CLERK: SENATE NO. S08397-A, SENATOR

SAVINO, (ASSEMBLY NO. A10326-A, REYES, BICHOTTE, GLICK, L.

ROSENTHAL, ORTIZ, JACOBSON, DENDEKKER, BLAKE, PERRY, COLTON). AN ACT

TO AMEND THE LABOR LAW, IN RELATION TO PROHIBITING HEALTHCARE

EMPLOYERS FROM PENALIZING EMPLOYEES BECAUSE OF COMPLAINTS OF

EMPLOYER VIOLATIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. REYES.

MS. REYES: THANK YOU. OVER THE PAST FEW MONTHS

HEALTHCARE WORKERS IN NEW YORK STATE HAVE BEEN AT THE FOREFRONT OF

THE COVID-19 OUTBREAK IN THE UNITED STATES, WORKING TIRE -- TIRELESSLY

ON THE FRONT LINES TO COMBAT THE SPREAD OF THE VIRUS AND PROVIDE CARE

FOR PATIENTS EXPERIENCING SOME OF THE WORST SYMPTOMS ASSOCIATED WITH

THIS DISEASE. WHILE MANY HOSPITALS AND HEALTHCARE FACILITIES ADVISED

THE PUBLIC THAT THEY HAD ADEQUATE SUPPLIES TO PROTECT -- TO PROTECT STAFF

AND CARE FOR PATIENTS, SEVERE SHORTAGES AND THE AVAILABILITY OF PERSONAL

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PROTECTIVE EQUIPMENT RESULTED IN THE RATIONING OF SUCH EQUIPMENT WITH

NURSES AND DOCTORS BEING FORCED TO REUSE CONTAMINATED PPE, WHICH IS

NORMALLY DESIGNED TO BE SINGLE-USE SUCH AS N-95 MASKS AND FACE

SHIELDS. WHEN HEALTHCARE WORKERS BEGAN CHALLENGING THESE UNSAFE

PRACTICES IN ORDER TO BETTER PROTECT THEMSELVES AND THEIR COLLEAGUES AS

WELL AS THE HEALTH AND SAFETY OF THEIR PATIENTS, SEVERAL EMPLOYEES WERE

TERMINATED OR FACED OTHER DISCIPLINARY ACTION FOR ADDRESSING THEIR

CONCERN TO THE PUBLIC THROUGH INTERVIEWS, PROTESTS AND SOCIAL MEDIA.

THIS BILL WOULD PROVIDE ENHANCED WHISTLEBLOWER PROTECTIONS TO

HEALTHCARE WORKERS BY PROHIBITING RETALIATORY ACTION AS A RESULT OF

DISCLOSING, THREATENING TO DISCLOSE, OBJECTING TO OR REFUSING TO

PARTICIPATE IN ANY ACTIVITY, POLICY OR PRACTICE OF AN EMPLOYER THAT SUCH

EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES CONSTITUTES IMPROPER

QUALITY OF WORKPLACE SAFETY. IT WOULD ALSO EXTEND SUCH PROTECTIONS TO

HEALTHCARE WORKERS THAT DISCLOSE OR THREATEN TO DISCLOSE IMPROPER

QUALITY OF PATIENT CARE OR WORKPLACE SAFETY TO A NEWS MEDIA OUTLET OR TO

A SOCIAL MEDIA FORUM AVAILABLE TO THE PUBLIC.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

REYES?

MS. REYES: ABSOLUTELY.

ACTING SPEAKER AUBRY: MS. REYES YIELDS.

MS. WALSH: THANK YOU SO MUCH. I DO HAVE SOME

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QUESTIONS ABOUT THIS. SO I GUESS FIRST OF ALL, I WAS READING ABOUT HOW

SECTION 741 OF THE LABOR LAW WAS ENACTED IN 2002, AND THAT SECTION

CREATED SOME WHISTLE BLOWING PROTECTIONS FOR HEALTHCARE WORKERS. SO

THIS BILL IS A FURTHER EXPANSION OF 741. WHY IS IT NECESSARY,

CONSIDERING THE FACT THAT WE ALREADY HAVE PROTECTIONS FOR HEALTHCARE

WORKERS IN THE LABOR LAW?

MS. REYES: SO, IN LIGHT OF THE COVID CRISIS AND

THESE UNPRECEDENTED CIRCUMSTANCES, THIS AMENDMENT TO SECTION 741

ADDS LANGUAGE THAT WOULD ALLOW HEALTHCARE WORKERS TO NOT BE RETALIATED

-- RETALIATED AGAINST IF THEY SPEAK TO THE MEDIA. AND IT ALSO ADDS

LANGUAGE THAT'S ALIGNED THAT TALKS ABOUT IMPROPER QUALITY OF WORKPLACE

SAFETY, NOT JUST PATIENT CARE. SO WHAT WE SAW DURING THIS COVID CRISIS

WAS A LACK OF PPE, AND THAT, OF COURSE, PUT HEALTHCARE WORKERS AT RISK.

AND THEY NEED -- WHAT WE SAW AS DISCIPLINARY ACTION FOR THESE

HEALTHCARE WORKERS WAS THE FACT THAT THEY WERE SOUNDING THE ALARM FOR

LACK OF PERSONAL PROTECTIVE EQUIPMENT. SO IT WASN'T JUST PATIENT

CARE-RELATED FOR THEM, IT WAS A WORKPLACE SAFETY-RELATED ISSUE.

MS. WALSH: IS IT TRUE THAT UNDER -- WE HAVE 741 AS

IT EXISTS NOW AS FAR AS THE HEALTHCARE WORKERS UNDER OUR LAW, AND THEN

WE HAVE GENERAL WHISTLEBLOWER PROTECTION, CORRECT?

MS. REYES: CORRECT.

MS. WALSH: AND THEN WE ALSO HAVE OSHA RULES

AND OTHER THINGS LIKE THAT THAT ALSO ARE ALREADY IN EFFECT, RIGHT?

MS. REYES: CORRECT.

MS. WALSH: OKAY. SO YOU MENTIONED THE STANDARD

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NYS ASSEMBLY MAY 27, 2020

BEING IMPROPER QUALITY OF WORKPLACE SAFETY, WHICH TALKS ABOUT -- SO

INSTEAD OF -- AS YOU SAID, INSTEAD OF JUST PROTECTING FOR PATIENT CARE, IT

ALLOWS FOR WHISTLE BLOWING AS FAR AS WORKPLACE SAFETY OF AN INDIVIDUAL

WORKING IN THE HEALTHCARE INDUSTRY, TOO.

MS. REYES: CORRECT.

MS. WALSH: OKAY. YEAH. SO, WHAT -- SO BUT THIS

IS NOT -- THIS IS NOT A BILL THAT WOULD SUNSET AT THE END -- HOWEVER WE

DEFINED IT -- OF THE COVID CRISIS. THIS IS A BILL THAT WOULD -- WOULD BE

PART OF OUR LAWS THAT WOULD JUST CONTINUE AFTER THAT'S HOPEFULLY DONE

AND GONE.

MS. REYES: YES. AND I WOULD ARGUE THAT WORK --

WORKPLACE SAFETY CIRCUMSTANCES THAT PUT HEALTHCARE WORKERS AT RISK

WOULDN'T NECESSARILY END AFTER THIS CRISIS EITHER, AND WE CAN POTENTIALLY

ANTICIPATE THAT IN THE FUTURE THERE CAN BE OTHER CIRCUMSTANCES LIKE THIS

AND WE WOULDN'T WANT TO GO BACK AND ADD NEW LANGUAGE.

MS. WALSH: OKAY. THE OTHER THING I THOUGHT THAT

WAS SIGNIFICANT IN THE BILL IS THE -- UNDER -- GENERALLY SPEAKING, UNDER

WHISTLE BLOWER LAW THERE'S A REQUIREMENT THAT -- THAT -- THERE'S A -- A

CHAIN OF COMMAND SO-TO-SPEAK, FOR REGISTERING OR LODGING A COMPLAINT

WITH THE EMPLOYER FIRST. AND THIS BILL SAYS THAT WHILE THE EMPLOYER --

OR EMPLOYEE CAN USE THE EMPLOYER FIRST AND COMPLAIN, THERE'S ALSO AN

OPPORTUNITY FOR THE EMPLOYEE TO BE PROTECTED IF THEY GO DIRECTLY TO THE

MEDIA OR USE SOCIAL MEDIA, FOR EXAMPLE. CAN YOU EXPLAIN WHY THAT IS

IN THE BILL THAT WAY?

MS. REYES: SO, THE CURRENT LAW REQUIRES EMPLOYEES

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TO BRING IMPROPER QUALITY OF PATIENT CARE TO THE ATTENTION OF A

SUPERVISOR IN ORDER TO AFFORD THE EMPLOYER A REASONABLE OPPORTUNITY TO

CORRECT SUCH ACTIVITY, POLICY OR PRACTICE. THIS BILL WOULD ALSO REQUIRE

SUCH STEPS TO BE TAKEN FOR CONCERNS REGARDING IMPROPER QUALITY OF

WORKPLACE SAFETY. HOWEVER, THIS REQUIREMENT -- THESE REQUIREMENTS

ARE NOT NECESSARY WHEN THE IMPROPER QUALITY OF PATIENT CARE OR

WORKPLACE SAFETY PRESENTS AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY

OR TO THE HEALTH OF A SPECIFIC PATIENT OR EMPLOYEE, AND THE EMPLOYEE

REASONABLY BELIEVES THAT REPORTING TO A SUPERVISOR WOULD NOT RESULT IN

CORRECTIVE ACTION.

MS. WALSH: AND -- AND THAT IS JUST DONE AT THE

JUDGMENT OF THE PERSON WHO IS LODGING THE COMPLAINT? AND THERE'S NO

OBLIGATION FOR -- BECAUSE WE ALSO HAVE SPECIAL DEPARTMENT OF LABOR

AND ATTORNEY GENERAL WORKER HOTLINES FOR COVID. THERE'S NO

REQUIREMENT THAT THE COMPLAINING INDIVIDUAL UTILIZE ANY OF THOSE

HOTLINES NECESSARILY. THEY CAN JUST -- IF THEY FEEL -- IF THEY FEEL THAT IT

WOULD NOT BE PRODUCTIVE, THEY COULD JUST GO DIRECTLY TO, SAY, THE MEDIA

OR SOMETHING LIKE THAT.

MS. REYES: CORRECT.

MS. WALSH: OKAY.

MS. REYES: IF THEY FEEL THAT THERE IS AN IMMINENT

THREAT TO PUBLIC SAFETY, THEY CAN GO OVER THAT.

MS. WALSH: OKAY. ALL RIGHT. IS THERE ANY NEED FOR

THE INDIVIDUAL LODGING THE COMPLAINT TO PROVE OR SHOW ANY KIND OF

INJURY OF ANY KIND?

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MS. REYES: NO, THERE HAS TO BE A REASONABLE BELIEF

THAT THEY ARE PUTTING THEMSELVES IN IMMINENT DANGER OR THEIR PATIENTS

IN IMMINENT DANGER. AND I WOULD ARGUE ALSO THAT SOMETIMES WE -- YOU

WOULDN'T SEE THE OUTCOME OF THAT UNTIL MUCH LATER. SO IF WE'RE WAITING

FOR TANGIBLE EVIDENCE TO SAY THAT THAT PERSON WAS POTENTIALLY PUT AT RISK,

THAT COULD MEAN SOMEBODY'S LIFE. AND WE WOULDN'T WANT TO WAIT 'TIL

THEN TO DO SOMETHING.

MS. WALSH: OKAY. AND FAR AS THE RETALIATION

PORTION OF THE BILL, DOES THE EMPLOYEE HAVE TO SHOW ANY CAUSE AND

EFFECT RELATIONSHIP BETWEEN THE COMPLAINT LODGED AND ANY ALLEGED

RETALIATORY ACT? LIKE, YOU KNOW, A RETALIATORY ACT COULD BE MAYBE THE

PERSON IS FIRED OR DEMOTED OR SOMETHING'S WRITTEN UP IN THEIR FILE OR

SOMETHING LIKE THAT. DO THEY HAVE TO SHOW ANY KIND OF CONTRIBUTING

FACTOR NEEDS TO GET SHOWN, OR (UNINTELLIGIBLE) CONNECTION?

MS. REYES: FROM THE EMPLOYER? JUST TO CLARIFY.

MS. WALSH: YEAH. NO, DOES THE EMPLOYEE HAVE TO

-- IN PROVING THEIR CASE OF RETALIATION, DO THEY HAVE TO SHOW CAUSATION

BETWEEN THE -- THE ALLEGED RETALIATORY ACT AND THE COMPLAINT THAT WAS

MADE?

MS. REYES: SO, THERE WOULD BE A CAUSE OF ACTION SO

IT'S ADJUDICATED. YEAH, THEY WOULD HAVE TO PROVE THAT -- THAT THEIR --

THEM SPEAKING UP HAD CAUSED THEM TO BE EITHER DISCIPLINED OR

RETALIATED AGAINST.

MS. WALSH: SO IT WOULD BE LIKE A DIRECT CAUSATION

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NYS ASSEMBLY MAY 27, 2020

MS. REYES: RIGHT.

MS. WALSH: -- BETWEEN ONE AND THE OTHER. OKAY.

ALL RIGHT. THANK YOU VERY MUCH FOR YOUR -- FOR YOUR ANSWERS.

MR. SPEAKER, ON THE BILL.

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

MS. WALSH: SO MANY, MANY, MANY YEARS AGO NOW,

I THINK PROBABLY ONE OF MY FIRST JOBS OUT OF LAW SCHOOL, I WORKED AT A

FIRM AND HANDLED RETALIATION COMPLAINTS UNDER THE LABOR LAW, AND

DISCRIMINATION COMPLAINTS. SO THIS WAS A LITTLE BIT LIKE A WALK DOWN

MEMORY LANE TO LOOK AT -- TO LOOK AT THIS BILL. IT -- IT PRECEDED THE

CREATION IN 2002 OF THESE -- OR THE ORIGINAL PROTECTIONS HERE UNDER THE

LABOR LAW FOR PEOPLE IN THE HEALTHCARE INDUSTRY. BUT I DO -- IT DID

KIND OF RING A BELL FOR ME A LITTLE BIT AS I WAS GOING THROUGH.

I APPRECIATE THE SPONSOR BRINGING THE BILL FORWARD. I

KNOW THAT SHE IS VERY FAMILIAR, PERSONALLY FAMILIAR, WITH THE SITUATION

FOUND IN OUR HOSPITALS THAT ARE REALLY BATTLING THE COVID EPIDEMIC.

AND I DO APPRECIATE HER BRINGING THE BILL FORWARD AND FOR HER ANSWERS

TO MY QUESTIONS. I'M A LITTLE BIT CONFLICTED BY THE BILL ITSELF BECAUSE IT

IS A VERY BROAD STANDARD, THE IDEA OF AN IMPROPER QUALITY OF WORKPLACE

SAFETY. THAT, TO ME -- IT SEEMS RATHER SUBJECTIVE TO ME. IT'S DEFINED AS

ANY PRACTICE, PROCEDURE, ACTION OR FAILURE TO ACT WITH AN EMPLOYER

WHICH VIOLATES ANY RULE, LAW, REGULATION OR DECLARATORY RULING ADOPTED

PURSUANT TO LAW. AND IT -- AND THEN IT GOES ON. THAT -- THAT SEEMS TO

ME TO BE A -- A VERY BROAD STANDARD. AND I THINK THAT THE PASSAGE OF

THIS BILL WILL RESULT IN A CONSIDERABLE EXPANSION AND INCREASE OF

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POTENTIAL LIABILITY TO EMPLOYERS. AND WHO ARE THOSE EMPLOYERS?

THOSE EMPLOYERS ARE HOSPITALS, MEDICAL OFFICES, NURSING HOMES. THE

VERY PLACES THAT ARE STRUGGLING REALLY RIGHT NOW TO STAY AFLOAT DURING

THE CURRENT CRISIS. NOT THAT THAT SHOULD BE ANY EXCUSE AT ALL FOR

ALLOWING UNSAFE SITUATIONS TO EXIST WITHIN -- WITHIN THE EMPLOYER'S

CARE. BUT I DO THINK THAT THE PART OF THE BILL THAT REQUIRES -- THAT ALLOWS

THE COMPLAINING INDIVIDUAL TO GO DIRECTLY TO THE MEDIA IS -- IS

PROBLEMATICAL TO ME. I THINK THAT THE EMPLOYER SHOULD BE ALLOWED AN

OPPORTUNITY TO CURE WHATEVER SITUATION IS THERE. FOR EXAMPLE -- AND

JUST USING THE CURRENT COVID CRISIS -- THERE -- THERE WAS A HUGE

STRUGGLE. AND -- AND I -- I DON'T KNOW THAT IT'S BEEN COMPLETELY

CORRECTED AT ALL, BUT I KNOW AT THE VERY BEGINNING OF THIS COVID CRISIS

THERE WAS A HUGE STRUGGLE AND FIGHT TO TRY TO OBTAIN AND STOCKPILE

ENOUGH OF THE PERSONAL PROTECTIVE EQUIPMENT, THE PPE, THAT WAS

NECESSARY FIRST FOR OUR FRONTLINE WORKERS AND THEN PRETTY MUCH FOR

EVERYBODY ELSE. SO I KNOW THAT THAT WAS NOT DEFINITELY A PERFECT

SITUATION AT THE BEGINNING. BUT I THINK THE PROBLEM WITH ALLOWING AN

INDIVIDUAL TO GO -- TO BYPASS THE EMPLOYER AND GO DIRECTLY TO THE -- TO

PRESS -- TO THE PRESS, TO SOCIAL MEDIA, IS THAT IT WOULD GET SERIOUS AND

POTENTIALLY LIFE-THREATENING CONCERNS OUT TO THE PUBLIC QUICKLY, WITHOUT

INFERENCE. BUT IT COULD ALSO OPEN UP HEALTHCARE INSTITUTIONS TO PUBLIC

SCRUTINY OVER A MISUNDERSTANDING OR A MINOR OVERSIGHT. AND THE

PROBLEM WITH THAT IS THAT ONCE PUBLIC OPINION -- ONCE THE MIND HAS

BEEN MADE UP, IT'S EXTREMELY CHALLENGING TO CHANGE, EVEN IF IT WAS

BASED ON A MISUNDERSTANDING. AND I THINK THAT'S REALLY THE REASON WHY

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UNDER OTHER SECTIONS OF THE LABOR LAW WHISTLEBLOWER PROTECTIONS THERE

IS A REQUIREMENT TO BE ABLE TO GO TO THE EMPLOYER FIRST TO ALLOW THE

OPPORTUNITY TO CURE.

SO FOR -- FOR THOSE REASONS, I DO STRUGGLE A LITTLE BIT

WITH THIS BILL. I DO THINK THAT THERE ARE OTHER AVENUES FOR COMPLAINT.

AND I'M NOT ENTIRELY CONVINCED THAT THE EXISTING LAW IS INADEQUATE TO

ADDRESS THE CONCERNS THAT THE SPONSOR HAS, BUT I DO APPRECIATE HER

BRINGING THE BILL FORWARD. AND THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

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

YOU TO MY COLLEAGUE AS WELL FOR THOSE GREAT INQUIRIES, AND THANK YOU

FOR THE SPONSOR FOR THE RESPONSES. I DID HAVE A FEW QUESTIONS FOR THE

SPONSOR IF SHE WOULD YIELD.

ACTING SPEAKER AUBRY: MS. REYES, WILL YOU

YIELD?

MS. REYES: YES.

ACTING SPEAKER AUBRY: MS. REYES YIELDS.

MR. GOODELL: THANK YOU, MS. REYES. THIS ONLY

APPLIES TO HOSPITALS, AND I HAVE HEARD FROM THE HOSPITALS IN MY DISTRICT

AND I THINK IT'S TRUE ACROSS NEW YORK STATE THAT MANY OF OUR HOSPITALS

ARE FACING REALLY VERY SEVERE FINANCIAL STRESS AS A RESULT OF COVID. FOR

THE UPSTATE HOSPITALS, THEY WERE BASICALLY SHUT DOWN, WITH ALL THE

ELECTIVE SURGERIES CANCELED FOR AN EXTENDED TIME PERIOD, AND THOSE

ELECTIVE SURGERIES HELP COVER THE BILLS. SO EARLIER THIS YEAR WE

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PROVIDED A $400 MILLION APPROPRIATION TO HELP HOSPITALS THAT WERE IN

GREAT FINANCIAL STRESS. PART OF THE PROBLEMS THAT THE HOSPITAL HAS OF

COURSE AS A RESULT OF COVID IS ALSO THE -- THE PANIC THAT SOME PEOPLE

HAVE, OR THE GREAT CONCERN -- AND MAYBE THAT'S A BETTER PHRASE -- THAT

PEOPLE HAVE ABOUT CONTACTING COVID. SO IN MY DISTRICT I'VE HAD A

NUMBER OF PEOPLE THAT DIDN'T GO TO THE HOSPITAL, EVEN THOUGH THEY HAD

NON-COVID-RELATED PROBLEMS BECAUSE THEY WERE TOLD BY THE HEALTH

OFFICIALS, IF YOU HAVE ANY OF THESE SYMPTOMS, YOU HAVE TO GET

PRE-CLEARANCE TO COME TO THE EMERGENCY ROOM. AND SO WE SAW A

SIGNIFICANT INCREASE IN MORBIDITY IN MY COUNTY DURING THE LOCKDOWN

PERIOD. ABOUT 10 PERCENT. PEOPLE DYING OF HEART ATTACKS AND STROKES

AT HOME BECAUSE THEY WERE AFRAID TO COME. THIS BILL WOULD ALLOW

HOSPITAL WORKERS TO GO DIRECTLY TO FACEBOOK OR SOCIAL MEDIA AND

COMPLAIN ABOUT WORKING CONDITIONS RATHER THAN GOING TO, SAY, THE

DEPARTMENT OF LABOR OR DEPARTMENT OF HEALTH OR OSHA OR ANY OF THE

REGULATORY AGENCIES THAT ACTUALLY CAN SOLVE IT.

SO, THANK YOU FOR YOUR PATIENCE IN WAITING FOR THE

QUESTION.

MS. REYES: WELL, CAN I -- CAN I CORRECT A FEW OF

YOUR STATEMENTS?

MR. GOODELL: I WANT TO ASK THE QUESTION AND THEN

YOU CAN --

MS. REYES: SURE, GO AHEAD.

MR. GOODELL: -- CORRECT THEM. BUT WHY -- WHY

DON'T WE WANT THE EMPLOYEES TO GO IF THEY HAVE A SERIOUS ISSUE? DON'T

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-- SHOULDN'T WE WANT THEM TO GO FIRST TO THE DEPARTMENT OF LABOR OR

DEPARTMENT OF HEALTH OR OSHA OR SOME OTHER REGULATORY AGENCY THAT

COULD PROVIDE AN ACTUAL REMEDY RATHER THAN A FACEBOOK POST THAT JUST

GOES OUT TO THE PUBLIC?

MS. REYES: SO, A FEW THINGS. THIS DOES NOT ONLY

COVER HOSPITAL WORKERS. THIS COVERS HEALTHCARE PROFESSIONALS WORKING

AT HOSPITALS, HOME CARE AGENCIES, WITHIN A PRIMARY OR SECONDARY PUBLIC

OR PRIVATE SCHOOL OR PUBLIC OR PRIVATE UNIVERSITY SETTING, WITHIN A

REGISTERED PHARMACY OR AS AUTHORIZED UNDER THE MENTAL HYGIENE LAW

OR THE CORRECTION LAW. AND ALSO, IT'S THE IMMEDIACY OF -- OF THE

PROBLEM, RIGHT? WHAT WE WANT IS -- IS HEALTHCARE PROFESSIONALS TO BE

ABLE TO GO TO EITHER THEIR IMMEDIATE SUPERVISOR OR FACILITY MANAGEMENT

AND HAVE A PROBLEM RECTIFIED. BUT WE HAVE SEEN THAT THAT HAS NOT BEEN

THE CASE. AND WHEN THEY DO SPEAK UP, AGAIN, THEY FACE RETALIATION OR

DISCIPLINARY ACTION AND WE WANT TO MAKE SURE THAT THEY FEEL CONFIDENT,

THAT THEY CAN SPEAK UP WHEN -- WHEN THEY SEE SOMETHING THAT'S WRONG

THAT NOT ONLY PUTS THEIR PATIENS AT RISK BUT PUTS THEMSELVES AT RISK, AND

THAT THEY NOT BE RETALIATED AGAINST. AND UNFORTUNATELY, GOING THROUGH

THOSE OTHER CHANNELS CAN SOMETIMES TAKE VERY PRECIOUS TIME THAT

CONTINUES TO PUT EITHER OUR PATIENTS OR OUR HEALTHCARE PROFESSIONALS AT

RISK.

MR. GOODELL: SO IT'S YOUR VIEW, THEN, THAT A

FACEBOOK POSTING OR SOCIAL MEDIA WOULD RESULT IN FASTER CORRECTIVE

ACTION THAN CONTACTING THE DEPARTMENT OF HEALTH OR THE DEPARTMENT OF

LABOR OR OSHA OR ANY OF THE REGULATORY AGENCIES THAT ARE CHARGED

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WITH ENSURING EMPLOYEE SAFETY?

MS. REYES: WE HAVE SEEN THAT PUBLIC SHAMING IS A

VERY EFFECTIVE TOOL.

MR. GOODELL: NOW, IN ORDER TO QUALIFY FOR THE

NON-RETALIATION IT HAS TO BE IN GOOD FAITH.

MS. REYES: CORRECT.

MR. GOODELL: IF -- AS YOU KNOW, IF ANYONE

CRITICIZES SOMEONE ELSE IN A WAY THAT DIRECTLY AFFECTS THEIR BUSINESS AND

CAUSES FINANCIAL HARM, IF THEY'RE INCORRECT THEY'D BE SUBJECT TO LIBEL OR

SLANDER. I MEAN, THAT'S PRETTY WELL-RECOGNIZED. THAT IS NOT AN

EXCEPTION TO LIBEL AND SLANDER, RIGHT? IF SOMEBODY MAKES A FALSE CLAIM

THEY WOULD STILL BE LIABLE?

MS. REYES: NO.

MR. GOODELL: LIABLE? LIABLE FOR LIBEL?

MS. REYES: NO. NO.

MR. GOODELL: IS THAT CORRECT?

MS. REYES: CORRECT.

MR. GOODELL: AND AS I MENTIONED, THE -- THE

GREAT CONCERN THAT MANY PEOPLE HAVE ON THE PANDEMIC IS SOMETIMES

OUT OF PROPORTION TO THE ACTUAL DANGER, PARTICULARLY UPSTATE. BECAUSE

MY NEWS MEDIA COVERS IN GREAT DETAIL THE HORRIFIC CHALLENGES THAT WERE

OCCURRING IN NEW YORK CITY, EVEN THOUGH I THINK RIGHT NOW WE HAVE A

TOTAL OF TWO PEOPLE IN THE THREE HOSPITALS THAT SERVE MY DISTRICT. AND

THANKFULLY, BECAUSE WE'RE RURAL AND WE DON'T HAVE DENSE POPULATIONS,

WE JUST HAVEN'T BEEN IMPACTED. IF WE TELL PEOPLE THEY CAN GO DIRECTLY

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TO SOCIAL MEDIA WITHOUT FIRST GOING THROUGH THEIR SUPERVISOR OR A

REGULATORY AGENCY, DON'T WE RUN THE RISK THAT WE'LL CREATE MORE

HESITANCY BY PATIENTS TO TRY TO GET INTO THE EMERGENCY ROOM FOR RELATED

OR UNRELATED HEALTHCARE ISSUES, WHETHER IT'S THE FLU, WHICH HAS VERY

SIMILAR SYMPTOMS IN SOME WAYS, OR EVEN A HEART ATTACK? I -- I HAD TWO

CASES IN MY COUNTY WHERE THE PEOPLE HAD A HEART ATTACK AND THEY DIED

BECAUSE THEY WERE AFRAID TO GO TO THE EMERGENCY ROOM. I HAVE A CASE

OF A WOMAN THAT HAD CONGESTIVE HEART FAILURE. BY THE TIME THEY DID THE

PROTOCOL ON COVID-19, IT WAS TWO HOURS BEFORE THEY SENT AN

AMBULANCE. AND SO MY CONCERN IS, YOU KNOW, SOCIAL MEDIA CAN BE

REALLY HELPFUL, BUT IT CAN ALSO BE REALLY DAMAGING. IS THERE ANY WAY TO

PROTECT THAT?

MS. REYES: LOOK, THIS PIECE OF LEGISLATION IS BY NO

MEANS ENCOURAGING HEALTHCARE PROFESSIONALS TO USE SOCIAL MEDIA IN LIEU

OF CONTACTING, LIKE I SAID, EITHER THEIR SUPERVISOR OR HOSPITAL

MANAGEMENT OR FACILITY MANAGEMENT OR OSHA, EVEN THOUGH YOU

WOULD USE OSHA FOR A LITTLE BIT DIFFERENT CIRCUMSTANCES. BUT I THINK

THAT THE PUBLIC NEEDS TO KNOW OF UNSAFE SITUATIONS WHETHER THEY AFFECT

THE PUBLIC'S STANDING OR PERCEPTION IN PUBLIC OF -- OF A FACILITY OR OF A --

A MEDICAL PROFESSIONAL OR AGENCY. I THINK THAT THE PUBLIC NEEDS TO

KNOW THERE ARE SITUATIONS THAT ARE PUTTING -- THAT CAN POTENTIALLY PUT

THEMSELVES, THEIR FAMILIES OR -- OR THE HEALTHCARE PROVIDERS AT RISK.

AND -- AND HEALTHCARE PROVIDERS WHO BLOW THE WHISTLE SHOULD NOT BE

RETALIATED AGAINST.

MR. GOODELL: THANK YOU FOR YOUR COMMENTS. I

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APPRECIATE IT.

ON THE BILL, SIR.

THANK YOU, MS. REYES.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I APPRECIATE MY COLLEAGUE'S

CONCERNS, BUT I THINK OUR FIRST AND PRIMARY OBJECTIVE OUGHT TO BE TO

ENSURE THAT AN EMPLOYEE'S SAFETY IS BEING ADEQUATELY MAINTAINED. AND

WE HAVE A LOT OF DEDICATED PROFESSIONALS WHOSE SOLE JOB IT IS IS TO

MAINTAIN EMPLOYEE SAFETY. AND THAT INCLUDES OUR DEPARTMENT OF

LABOR, OUR DEPARTMENT OF HEALTH THAT LICENSES EVERY ONE OF THESE

HEALTHCARE FACILITIES. CERTAINLY, THE ATTORNEY GENERAL HAS ISSUED

SPECIAL GUIDANCE AS IT RELATES TO COVID. WE HAVE OSHA, WE HAVE THE

-- OTHER ORGANIZATIONS, BOTH GOVERNMENTAL AND NONGOVERNMENTAL. AND

IF WE REALLY WANT TO FOCUS ON EMPLOYEE SAFETY, WE WANT TO ENCOURAGE

PEOPLE TO GO TO THE RIGHT PLACE TO MAKE SURE THAT THEY ACHIEVE THAT

OBJECTIVE. AND I'M CONCERNED THAT WE MAY HAVE UNANTICIPATED

NEGATIVE RAMIFICATIONS AS IT RELATES TO THE QUALITY OF OUR HEALTHCARE AND

THE FINANCIAL STABILITY OF OUR HEALTHCARE SYSTEM, AND THE FINANCIAL

STABILITY OF OUR HEALTH SYSTEM IS CERTAINLY AT VERY HIGH RISK NOW. AND

SO WE JUST NEED TO BE SENSITIVE THAT THESE ARE NOT ALWAYS BLACK AND

WHITE ISSUES. AND GOING ON FACEBOOK OR SOCIAL MEDIA IS NOT THE BEST

WAY TO ADDRESS THESE ISSUES.

THANK YOU, SIR, AND AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: MR. ASHBY.

MR. ASHBY: THANK YOU, MR. SPEAKER.

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ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ASHBY: I WANT TO COMMEND THE SPONSOR. I

THINK THIS LEGISLATION IS GOING TO BE HELPFUL. AND WHILE I DON'T CONDONE

OR ENCOURAGE HEALTHCARE WORKERS TO HAVE AN IMPETUOUS ACTION IN

POSTING THINGS ON SOCIAL MEDIA OR GOING TO THE MEDIA OUTRIGHT WITH,

YOU KNOW, THEIR CONCERNS FOR PATIENTS, I DO KNOW IN -- IN MY CAREER I'VE

SEEN THINGS GO UNCHECKED EVEN WHEN THEY GO DOWN THE RIGHT PATH.

EVEN WHEN THEY BRING THINGS TO THEIR SUPERVISORS AND REGULATORY

AGENCIES. AND SOMETIMES THEY GO UNNOTICED FOR EXTENDED PERIODS OF

TIME. AND AT A TIME LIKE THIS, WHERE WE FIND OURSELVES RIGHT NOW, IT'S

BLATANTLY OBVIOUS TO EVERYONE HOW DETRIMENTAL THAT CAN BE. BUT THIS

HAS BEEN GOING ON FOR DECADES, FOR LONGER THAN -- LONGER THAN IT -- IT

SHOULD BE NECESSARY.

SO FOR THAT REASON I VOTE IN THE AFFIRMATIVE AND I

ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: THE -- THE CONCERN I HAVE WITH -- WITH

THIS LEGISLATION IS THE IDEA OF -- AND IT WAS BROUGHT OUT AND FLUSHED OUT

DURING THIS DEBATE -- PUBLIC SHAMING AND PROMOTING PEOPLE TO PUT OUT

COMPLAINTS ON SOCIAL MEDIA. NOW, I KNOW THAT DURING THE DEBATE IT'S

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BEEN SAID THAT WE'RE NOT ADVOCATING THEM TO DO THAT, BUT WE CERTAINLY

ARE BY INCLUDING THIS IN LEGISLATION. THERE'S MANY CONCERNS THAT I HAVE

WITH IT. WHAT HAPPENS IF SOMEONE POSTS SOMETHING THAT CREATES AN

ADVERSE EFFECT WHERE NOW YOU HAVE SOMEONE FROM THE PUBLIC WHO'S SO

ENRAGED THAT THEY COME TO THAT INSTITUTION, THAT MEDICAL FACILITY, RIGHT,

AND TAKE ACTION AGAINST, YOU KNOW, THE -- THE HOSPITAL OR THE ENTITY IN A

VIGILANTE-TYPE WAY. THE IDEA OF HAVING INVESTIGATIONS, THIS BILL IS

TELLING ME THAT OUR STATE GOVERNMENT, THE ATTORNEY GENERAL'S OFFICE,

THOSE INVESTIGATIVE AGENCIES, ARE NOT DOING THE RIGHT THING, THEN. IF

WE'RE PROMOTING PEOPLE -- AND I GET IT, WE WANT TO PROTECT PEOPLE AND

WE WANT THEM TO BE ABLE TO SPEAK FREELY. BUT IF THEY -- WHAT HAPPENS

IF THEY HAVE AN AXE TO GRIND AGAINST THEIR EMPLOYER - WHO MAY BE THE

HOSPITAL, THE NURSING CARE FACILITY, WHOEVER IT IS - AND THEY PERCEIVED

SOMETHING WRONG AND NOW THEY PUT IT OUT ON SOCIAL MEDIA AND IT

CREATES SUCH AN ALARM BECAUSE IT GOES VIRAL AND PEOPLE MISINTERPRET

WHAT TRULY WAS HAPPENING. I THINK WE HAVE TO MAKE SURE THAT THERE IS

SOME SAFEGUARDS WHERE THEY NOTIFY THOSE STATE AGENCIES OR THOSE

INVESTIGATIVE AGENCIES. IF WE'RE JUST GONNA FREELY GIVE SOMEONE A PASS

THAT JUST BECAUSE THEY POSTED IT ON SOCIAL MEDIA, WE'RE REALLY HEADING

DOWN A PATH THAT IS GOING TO BE UNCONTROLLABLE. AND EVENTUALLY WE'RE

GONNA HAVE PEOPLE SAY THAT, WELL, IF IT APPLIES TO THAT CAREER AND THAT

LABOR FORCE, WHY DOESN'T IT APPLY TO OTHERS? WHY DOESN'T IT APPLY TO

STATE AGENCY WORKERS SO THEY CAN REPORT THINGS ON SOCIAL MEDIA? IF

WE DON'T HAVE SOMETHING WHERE WE PUT IT IN A FINITE WAY THAT WE

ACTUALLY ENSURE THAT THEY DOCUMENT IT TO A SUPERVISOR, TO AN AGENCY, I

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THINK WE'RE -- WE'RE REALLY CREATING A MESS HERE. AND -- BUT I GET THAT

THERE HAS TO BE PROTECTIONS FOR THOSE WHISTLEBLOWERS, AND THERE ARE

PROTECTIONS. I THINK SOCIAL MEDIA IS -- IS REALLY -- WE'RE -- WE'RE GOING

DOWN THE WRONG PATH.

THANK YOU.

ACTING SPEAKER AUBRY: MR. KIM.

MR. KIM: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. REYES, WILL YOU

YIELD?

MS. REYES: YES.

ACTING SPEAKER AUBRY: MS. REYES YIELDS, SIR.

MR. KIM: THANK YOU, MS. REYES. THIS IS A -- A BILL

THAT -- THAT I SUPPORT. I KNOW THAT IT'S BEEN AROUND IN OUR -- IN OUR

CHAMBER AND IT'S ABOUT TIME THAT WE GET THIS DONE FOR OUR WORKERS AND

WHISTLEBLOWERS, ESPECIALLY DURING A CRISIS LIKE THIS AND A PANDEMIC.

I'M JUST CURIOUS, ARE YOU AWARE OF THE CORPORATE IMMUNITY THAT WE PUT

INTO OUR BUDGET THIS YEAR IN ARTICLE 30(D) OF THE NEW YORK STATE

HEALTH LAW WHERE THERE'S A HIGHER STANDARD OF LIABILITY THAT PLACES LIKE

NURSING HOME FACILITIES AND OTHER HEALTHCARE FACILITIES NOW HAVE BEEN

AFFORDED?

MS. REYES: I'M NOT FAMILIAR WITH IT.

MR. KIM: OKAY. SO -- SO IF A WORKER RIGHT NOW WHO

IS A WHISTLEBLOWER, WHAT KIND OF -- LIKE, I'M ASSUMING IF THEY SEE

SOMETHING NEGLIGENT AT WORK THEY WOULD NOW, UNDER THIS LAW, WOULD

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BE ABLE TO OPENLY AND BOLDLY REPORT THAT NEGLIGENCE, CORRECT?

MS. REYES: CORRECT.

MR. KIM: DO YOU THINK THE AVERAGE PERSON KNOWS

THE DIFFERENCE BETWEEN WHAT A NEGLIGENT BEHAVIOR IS VERSUS GROSSLY

NEGLIGENT BEHAVIOR IS?

MS. REYES: TO ANSWER YOUR QUESTION, I DON'T

NECESSARILY KNOW IF THE PUBLIC KNOWS THE DIFFERENCE BETWEEN

NEGLIGENCE OR GROSS NEGLIGENCE. BUT THIS ISN'T -- THEY WOULDN'T BE SUING

THE -- THE EMPLOYER. THIS IS JUST PROTECTING THEM FROM RETALIATION FOR

THEIR REPORTING OF NEGLIGENCE.

MR. KIM: OKAY. WELL I GUESS, THEN, MY POINT IS

BECAUSE WE RAISED THE STANDARD FOR, YOU KNOW, A FACILITY TO BE -- TO BE

CHARGED WITH CRIMINAL OFFENSES OR THIRD-PARTY LAWSUITS UNDER -- UNDER

THESE -- UNDER THIS PANDEMIC, WHAT IF THE WHISTLEBLOWER COMES OUT AND

THERE'S NOTHING -- THERE'S NOTHING THAT COULD BE DONE, AND AS A RESULT,

THE ONLY HARM THAT MAY POTENTIALLY COME IS TO THE WHISTLEBLOWER?

SO, I -- AGAIN, I SUPPORT THIS LAW BUT I THINK IT

INTERSECTS WITH WHAT WE DID IN OUR BUDGET THROUGH THE GOVERNOR'S

LANGUAGE OF GIVING HIGHER STANDARD -- HIGHER LIABILITY STANDARDS FOR

NURSING HOME FACILITIES AND PLACES -- AND BUSINESSES AND CORPORATIONS

THAT -- THAT MAY BE SHIELDED FROM BEING CHARGED OF CRIMINAL OFFENSES OR

THIRD-PARTY LAWSUITS. SO EVEN IF YOU COME OUT AND -- AND SEE

SOMETHING THAT'S GOING BAD, THE ONLY -- THE -- THE OUTCOME MAY NOT BE

NECESSARILY WHAT THE WORKER WANTS OUT OF IT. SO I WOULD -- I SUPPORT IT,

BUT I ENCOURAGE ALL OF US TO GO BACK AND REEXAMINE, YOU KNOW, WHAT

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WE CAN DO TO MAKE SURE THAT THE WORKERS TRULY ARE PROTECTED DURING THIS

CRISIS.

THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

ON ASSEMBLY PRINT A10326-A, THIS IS A PARTY VOTE.

ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

AND, MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS NO ON THIS VOTE WITH THE EXCEPTION OF MR. ASHBY. AND I

WOULD ENCOURAGE ANY OTHER MEMBER OF THE REPUBLICAN CONFERENCE

WHO ALSO WOULD LIKE TO VOTE YES TO MAKE SURE THEY CONTACT THE

MINORITY LEADER'S OFFICE AS QUICKLY AS POSSIBLE. SO IF WE DO NOT HEAR

FROM YOU INDICATING THAT YOU WANTED TO VOTE YES ON THIS PARTICULAR BILL,

THE REPUBLICAN CONFERENCE WILL BE VOTING NO.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY.

REPUBLICAN CONFERENCE VOTING NO WITH THE EXCEPTION OF MR. ASHBY.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I WANTED TO

HONOR THE SPONSOR OF THIS LEGISLATION FOR THE MANNER IN WHICH SHE

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NYS ASSEMBLY MAY 27, 2020

HANDLED IT -- THE DEBATE TODAY. AND I WANT TO SAY THAT THIS IS A PARTY

VOTE, AND ALL MEMBERS WILL BE VOTING IN THE AFFIRMATIVE UNLESS THEY

CHOOSE TO EITHER COME TO THE CHAMBERS AND/OR CALL MY OFFICE RIGHT

AWAY TO CAST A NO VOTE. OTHERWISE IT'S A PARTY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE VOTE IS AN AFFIRMATIVE OTHER THAN IF YOU CALL THE LEADER OR

YOU COME TO THE CHAMBER AND VOTE.

(THE CLERK RECORDED THE VOTE.)

AND MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANTED TO

COMMEND THE SPONSOR FOR BRINGING THIS BILL. THE REALITY IS THAT

WHISTLEBLOWER PROTECTIONS IN NEW YORK STATE ARE FAR TOO NARROW AND

FAR TOO WEAK. THIS GIVES SOME ADDITIONAL MEASURE OF PROTECTION TO

THOSE PEOPLE WHO COULD CALL ATTENTION TO A LACK OF SAFETY IN THE

WORKPLACE AFTER THEY HAVE ALREADY SPOKEN WITH A SUPERVISOR, WHICH IS

REQUIRED BY THE LAW UNDER 741. BUT IT WOULD, IN FACT, PERMIT THEM TO

BRING ATTENTION TO THIS ISSUE BECAUSE IT IS AN ISSUE OF PUBLIC SAFETY. AND

IT IS VERY IMPORTANT THAT THEY ARE NOW PROTECTED FROM RETALIATION IF THEY

GO PUBLIC WITH THIS TO EITHER THE MEDIA OR SOCIAL MEDIA. SO I THINK

THAT'S A VERY IMPORTANT ADDITION, AND I LOOK FORWARD TO CONTINUING TO

WORK ON ENHANCING ANY OF THOSE PROTECTIONS FOR OTHER WORKERS WHO

WOULD BE WHISTLEBLOWERS AS WELL.

SO I WILL BE HAPPY TO VOTE IN THE AFFIRMATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

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AFFIRMATIVE.

MS. GRIFFIN TO EXPLAIN HER VOTE.

MS. GRIFFIN: HELLO. I JUST WANTED TO COMMEND THE

ASSEMBLYMEMBER WHO SPONSORED THIS. I FEEL LIKE THIS IS SUCH AN

IMPORTANT VOTE. I EXPERIENCED MANY NURSES AND HEALTHCARE WORKERS

CALLING ME THROUGHOUT THIS PANDEMIC, CALLING ME TO TELL ME OF THE GREAT

SHORTAGES THEY HAD OF PPE. MANY WERE AFRAID TO EVEN GIVE ME THEIR

NAME, BUT MANY I TOLD I WOULD NOT DISCLOSE THEIR NAME UNLESS THEY

WANTED ME TO. SO I THINK IT'S REALLY, REALLY IMPORTANT IN LIGHT OF THIS

PANDEMIC AND WHAT SOME OF THESE HEALTHCARE WORKERS EXPERIENCED,

WORKING SO HARD AND FEELING THAT THEIR JOB WAS THREATENED IF THEY EVEN

TOLD ME WHO I WAS GOING TO GO ON. I WAS LUCKY THAT THEY COULD TELL ME

BECAUSE THEN I COULD PASS IT ON TO GOVERNOR CUOMO'S TEAM AND WE

COULD GET MORE PPE EVEN IN THEIR HOUSEHOLDS. BUT I THINK IT -- WE

REALLY NEED TO HAVE THIS WHISTLEBLOWER PROTECTION BECAUSE THESE

HEALTHCARE WORKERS DEMONSTRATED HOW MUCH THEY NEED IT.

SO, THANK YOU TO ASSEMBLYMEMBER REYES FOR

INTRODUCING THIS BILL. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE. THANK YOU.

MR. LENTOL.

MR. LENTOL: YES, MR. SPEAKER. I'D LIKE TO EXPLAIN

MY VOTE AND REALLY COMMEND THE SPONSOR FOR STICKING UP FOR HER

COLLEAGUES IN -- IN THE HOSPITAL FIELD, AND ALSO FOR BEING SOMEONE THAT

WE CAN LOOK UP TO FOR BEING A HEROINE AMONG US. SOMEONE WHO WENT

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OUT AND DECIDED THAT SHE WOULD TAKE A JOB AGAIN AS A NURSE IN ORDER TO

HELP SOCIETY AND IN ORDER TO HELP PEOPLE WHO WERE SUFFERING FROM THE

PANDEMIC. SO I THINK THAT SHE REALLY DESERVES OUR COMMENDATION AS

WELL FOR THIS BILL AND FOR HER COURAGE.

AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LENTOL IN THE

AFFIRMATIVE.

MAY I SAY, MS. REYES, I LOOK UP TO YOU ALSO, AND THAT'S

VERY DIFFICULT FOR ME, SO...

(PAUSE)

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. I HAVE A

NUMBER OF REPUBLICAN MEMBERS THAT WOULD LIKE TO VOTE YES ON THIS

BILL. THEY WERE SO IMPRESSED WITH OUR COLLEAGUE MR. ASHBY AND THE

SPONSOR'S COMMENTS. THEY INCLUDE MR. RA, MR. WALCZYK, MR.

SCHMITT, MR. BYRNE, MS. BYRNE [SIC], MR. DESTEFANO, MR. SCHMITT, MR.

BRABENEC, MS. MALLIOTAKIS, MS. MILLER, MR. GARBARINO AND MR.

LIPETRI.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. REYES TO EXPLAIN HER VOTE.

MS. REYES: THANK YOU, MR. SPEAKER. I JUST -- I -- I

WANT TO THANK MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE FOR CHANGING

THEIR VOTE. I THINK THIS IS A VERY IMPORTANT PIECE OF LEGISLATION. YOU

KNOW, OUR HEALTHCARE WORKERS PUT THEMSELVES AT RISK EVERY DAY TO SAVE

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LIVES, AND IF THEY AREN'T PROTECTED, NONE OF US ARE. AND WE -- ALL WE

WANT TO DO IS TAKE CARE OF OUR PATIENTS, MAKE SURE THEY'RE SAFE, DO THE

BEST WE CAN. WE COME INTO WORK EVERY DAY AND WE WORK HARD, AND WE

WANT TO MAKE SURE THAT WE ARE PROTECTED AS WELL WHILE WE DO IT. WE

SHOULDN'T BE LOSING OUR LIVES BECAUSE WE'RE TRYING TO HELP OTHERS.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL HAS NOT FINISHED YET.

MR. GOODELL: WELL, THE SPONSOR IS DOING SUCH A

GREAT JOB CONVINCING MY COLLEAGUES THAT MR. PALMESANO, MR.

BLANKENBUSH AND MR. PALUMBO ALSO AGREE WITH HER.

(LAUGHTER)

AND MR. SALKA.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

AS MUCH AS I DON'T WANT TO -- I WANT TO HOLD ONTO THIS

-- ARE THERE ANY OTHER VOTES?

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. SO WE SHOULD CONTINUE OUR WORK ON THE DEBATE LIST. WE'RE

GOING TO GO WITH RULES REPORT NO. 36, 37, 38 AND 39.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

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NYS ASSEMBLY MAY 27, 2020

THE CLERK: SENATE NO. S08243-C, SENATOR

KAVANAGH (ASSEMBLY NO. A10351-B, RULES REPORT NO. 36, ROZIC,

GRIFFIN, CARROLL, CUSICK, BARNWELL, OTIS, BICHOTTE, STERN, ORTIZ, L.

ROSENTHAL, GLICK, NOLAN, PERRY, DENDEKKER.) AN ACT TO AMEND THE

BANKING LAW, IN RELATION TO THE FORBEARANCE OF RESIDENTIAL MORTGAGE

PAYMENTS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROZIC.

MS. ROZIC: THANK YOU, MR. SPEAKER. IT'S GOOD TO

SEE MY COLLEAGUES. THIS BILL WOULD REQUIRE NEW YORK STATE REGULATED

BANKING INSTITUTIONS TO GRANT 180 DAYS OF MORTGAGE FORBEARANCE ON A

RESIDENTIAL MORTGAGE ON THE PRIMARY RESIDENCE TO ANY MORTGAGOR WHO

CAN DEMONSTRATE FINANCIAL HARDSHIP AS A RESULT OF THE COVID-19

PANDEMIC.

THE BILL PROVIDES BORROWERS WITH THREE OPTIONS TO

REPAY THEIR FORBEARANCE. ONE, IS EXTENDING THE TERM OF THE LOAN BY THE

LENGTH OF THE FORBEARANCE; TWO, WORKING OUT AN AGREEMENT WITH THE

FINANCIAL INSTITUTION TO PAY THEIR ARREARS IN MONTHLY INSTALLMENTS, OR

THREE, IF THE BORROWER AND THE FINANCIAL INSTITUTION ARE UNABLE TO REACH

AN AGREEMENT ON LOAN MODIFICATION, THE BORROWER CAN OPT TO MAKE A

BALLOON PAYMENT DUE AT THE END TERM OF THE MORTGAGE WITHOUT

INCURRING ANY PENALTIES OR FEES. A BALLOON PAYMENT MUST BE CONSISTENT

WITH THE SAFETY AND SOUNDNESS OF THE FINANCIAL INSTITUTION. AND IF A

BANK FAILS TO COMPLY WITH THIS LAW, THAT VIOLATION CAN BE USED BY THE

BORROWER AS A DEFENSE IN FORECLOSURE.

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NYS ASSEMBLY MAY 27, 2020

I ALSO WANT TO CLARIFY THAT WE'RE ALWAYS INTERESTED IN

TALKING TO ALL SIDES OF THIS ISSUE AND SHORING UP THIS BILL SO THAT IT REALLY

SAFEGUARDS HOMEOWNERS ACROSS NEW YORK.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ROZIC, WILL YOU

YIELD?

MS. ROZIC: ABSOLUTELY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MS. ROZIC. WE'RE -- I

WANT TO START BY JUST CLARIFYING THE BILL A LITTLE BIT. I'M LOOKING AT PAGE

2, LINES 3 THROUGH 6, AND THAT, AS I UNDERSTAND IT, DEFINES WHO IS

ELIGIBLE. AND IF I READ THIS CORRECTLY, IT SAYS YOU HAVE TO BE A NEW

YORK RESIDENT, OF COURSE, AND DURING THE COVERED PERIOD, YOU HAVE TO

ESTABLISH THAT YOU ARE IN ARREARS --

MS. ROZIC: YES.

MR. GOODELL: -- OR, ON A TRIAL PERIOD, OR, APPLYING

FOR LOSS MITIGATE AND DEMONSTRATE FINANCIAL HARDSHIP; IS THAT CORRECT?

MS. ROZIC: THAT'S CORRECT.

MR. GOODELL: THAT'S CORRECT?

MS. ROZIC: YES.

MR. GOODELL: AND SO, YOU COULD APPLY FOR THIS

EVEN THOUGH YOU'RE NOT IN ARREARS, CORRECT, BECAUSE IT'S ALL DISJUNCTIVE,

IT'S IN ARREARS, OR, ON A TRIAL PERIOD, RIGHT?

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NYS ASSEMBLY MAY 27, 2020

MS. ROZIC: YEAH.

MR. GOODELL: SO, YOU COULD BE CURRENT OR IN A

TRIAL PERIOD -- AND IN A TRIAL PERIOD, OR APPLY FOR LOSS MITIGATION AND HAD

FINANCIAL HARDSHIP, RIGHT?

MS. ROZIC: YES.

MR. GOODELL: SO, IF YOU'RE IN ARREARS, YOU DON'T

HAVE TO DEMONSTRATE FINANCIAL HARDSHIP BECAUSE THE FINANCIAL HARDSHIP

ONLY SEEMS TO APPLY IF YOU'VE APPLIED FOR LOSS MITIGATION; IS THAT

CORRECT? I MEAN, IT'S IN ARREARS, OR, A TRIAL PERIOD, OR --

MS. ROZIC: THE -- THE FINANCIAL INSTITUTION AND THE

BORROWER HAVE TO COME TO AN AGREEMENT THAT YOU ARE IN FINANCIAL

HARDSHIP.

MR. GOODELL: SO THE PHRASE "FINANCIAL HARDSHIP"

APPLIES TO ALL THREE CATEGORIES NOT JUST THE -- TO THE LAST ONE, NOT JUST TO

THE LOSS MITIGATION?

MS. ROZIC: YEAH, IF YOU -- IF YOU ARE IN ARREARS,

YOU'RE IN FINANCIAL HARDSHIP.

MR. GOODELL: WELL, NOT NECESSARILY. I MEAN,

SADLY, BEFORE I GOT MARRIED, I FOUND MYSELF IN ARREARS FROM TIME TO TIME

JUST THROUGH INCOMPETENCE AND, THANKFULLY, ONCE I GOT MARRIED MY

CREDIT SCORE WENT UP BECAUSE MY WIFE MADE SURE I PAID ON TIME. SO,

MY QUESTION IS, DOES THE PHRASE "DEMONSTRATED FINANCIAL HARDSHIP"

ONLY APPLY TO THOSE WHO HAVE APPLIED FOR LOSS MITIGATION, OR WAS IT

YOUR INTENT THAT NO MATTER WHICH SITUATION YOU MIGHT BE IN, YOU STILL

HAD TO DEMONSTRATE FINANCIAL HARDSHIP?

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MS. ROZIC: AND THE INTENT IS THAT IT HAS TO BE IN THE

COVERED PERIOD.

MR. GOODELL: I UNDERSTAND IT HAD TO BE WITHIN THE

COVERED PERIOD. MY QUESTION IS: DO YOU HAVE TO DEMONSTRATE

FINANCIAL HARDSHIP IF YOU'RE IN ARREARS?

MS. ROZIC: YES.

MR. GOODELL: AND DO YOU HAVE TO DEMONSTRATE

FINANCIAL HARDSHIP IF YOU ARE IN A --

MS. ROZIC: LOSS MITIGATION.

MR. GOODELL: -- TRIAL PERIOD?

MS. ROZIC: YES.

MR. GOODELL: SO, THE DEMONSTRATED HARDSHIP HAS

TO APPLY FOR ALL --

MS. ROZIC: YES.

MR. GOODELL: -- CATEGORIES? AND WHAT CRITERIA DO

YOU NEED TO SHOW IN ORDER TO DEMONSTRATE HARDSHIP?

MS. ROZIC: SO, WE LEFT THAT FLEXIBLE TO -- TO ALLOW

THE FINANCIAL INSTITUTIONS SOME FLEXIBILITY, SO THEY HAVE TO FIGURE THAT

OUT WITH THE BORROWER.

MR. GOODELL: LOOKING BACK BEFORE THIS CRISIS,

LAST YEAR AND THE YEAR BEFORE AND WHATEVER, I'VE BEEN INVOLVED IN REAL

ESTATE PRACTICE FOR LONGER THAN SOME OF OUR MEMBERS HAVE BEEN ALIVE,

SURPRISINGLY. I RARELY FIND ANYONE WHO'S IN A HOME MORTGAGE

FORECLOSURE WHO'S NOT IN FINANCIAL STRESS OR FINANCIAL HARDSHIP. IS THIS

FINANCIAL HARDSHIP ANY DIFFERENT THAN THE FINANCIAL HARDSHIP FACED BY

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EVERYONE ELSE IN THE LAST TEN YEARS, YOU LOST YOUR HOME THROUGH A

MORTGAGE FORECLOSURE.

MS. ROZIC: THIS IS JUST FOR THE COVER PERIOD, WHICH

IS OUTLINED IN THE FIRST DEFINITION, AND THE -- THE TRUTH OF THE MATTER IS

EVERY CASE IS DIFFERENT, AND SO, WE WOULD LIKE TO ALLOW A BANKING

INSTITUTION AND A BORROWER BASED ON THEIR INDIVIDUAL SITUATION TO FIGURE

OUT WHAT "FINANCIAL HARDSHIP" MEANS.

MR. GOODELL: I -- I APPRECIATE THAT. AND SO, MY

QUESTION IS, IS THIS A FINANCIAL HARDSHIP THAT MUST BE DEMONSTRATED

THAT'S UNIQUE TO THE COVID SITUATION --

MS. ROZIC: YES.

MR. GOODELL: -- AS DISTINGUISHED FROM THE

FINANCIAL HARDSHIP THAT EVERYONE ELSE IN THE LOSS -- LAST TEN YEARS MAY

HAVE LOST THEIR HOME ON IN A REGULAR FORECLOSURE?

MS. ROZIC: YES.

MR. GOODELL: DOES IT -- WE'RE NOT TALKING ABOUT

THE REGULAR FINANCIAL HARDSHIP THAT RESULTS IN A ROUTINE MORTGAGE

FORECLOSURE; IS THAT CORRECT? THIS IS ONLY INTENDED FOR THOSE WHO HAVE

A FINANCIAL HARDSHIP THAT'S DEMONSTRATED AS A RESULT OF COVID?

MS. ROZIC: CORRECT.

MR. GOODELL: SO, IN OTHER WORDS, AN ESSENTIAL

WORKER WHO NEVER LOST THEIR JOB, AS AN EXAMPLE --

MS. ROZIC: CORRECT.

MR. GOODELL: -- OR A SENIOR CITIZEN WHO IS ON

SOCIAL SECURITY, THEY WOULD BE INELIGIBLE TO APPLY FOR THIS EVEN IF

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THEY'RE LOSING THEIR HOUSE UNDER A MORTGAGE FORECLOSURE BECAUSE THEY

NEVER LOST ANY INCOME DURING THE COVID PERIOD; IS THAT YOUR

UNDERSTANDING OF THE INTENT?

MS. ROZIC: THEY WOULD HAVE TO DEMONSTRATE

FINANCIAL HARDSHIP AND THE FINANCIAL INSTITUTION WOULD HAVE TO ACCEPT

THAT AS THE -- AS DEFINED IN THERE.

MR. GOODELL: NOW, THIS ONLY APPLIES TO

STATE-CHARTERED BANKS; IS THAT CORRECT?

MS. ROZIC: THAT IS CORRECT.

MR. GOODELL: SO, AS YOU KNOW, ALMOST EVERY

BANK -- WELL, FIRST OF ALL, IS THERE A REASON WHY WE'D WANT TO IMPOSE

THIS ADDITIONAL REQUIREMENT OR FINANCIAL BURDEN ON JUST STATE-CHARTED

BANKS RATHER THAN ALL BANKS?

MS. ROZIC: SO, WE ONLY HAVE JURISDICTION OVER

STATE-CHARTERED BANKS. THERE IS A PROVISION IN THE CARES ACT THAT

WAS PASSED BY THE FEDERAL GOVERNMENT MANDATING 180 DAY FORBEARANCE

ON ALL FEDERALLY-BACKED LOAN PRODUCTS. BUT, AGAIN, WE DON'T HAVE

JURISDICTION OVER THAT. WE ONLY HAVE JURISDICTION OVER STATE-CHARTERED

BANKS AND CREDIT UNIONS.

MR. GOODELL: NOW, AS YOU KNOW, ALL BANKS,

INCLUDING STATE-CHARTERED BANKS, ARE VERY CLOSELY REGULATED AS TO

MINIMUM LIQUIDITY REQUIREMENTS, AND IT ALL GOES BACK TO THE GREAT

DEPRESSION WHEN WE HAD A NUMBER OF BANKS THAT ACTUALLY FAILED. WELL,

IF THE BANKS CANNOT COLLECT ANY INTEREST OR PRINCIPAL FOR A PERIOD THAT

MAY BE IN EXCESS OF A YEAR, RIGHT, YOU'VE GOT TWO 180-DAY PERIODS, HOW

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DOES BILL ADDRESS THE FACT THAT SOME OF OUR STATE-CHARTERED BANKS THAT

ARE SMALLER MAY ACTUALLY FAIL TO MEET MINIMUM LIQUIDITY STANDARDS?

DOES THIS ADDRESS THAT IN TERMS OF THIS BILL LANGUAGE?

MS. ROZIC: OUR BIG CONCERN IS THE SAFE -- SAFETY

AND SOUNDNESS OF THE BANKING INSTITUTION. AND, AGAIN, WE ARE OPEN TO

MAKING THOSE CHANGES TO MAKE SURE THAT THE LIQUIDITY OF THE BANK IS

SECURE.

MR. GOODELL: THIS -- HAVE YOU REACHED OUT TO THE

INDEPENDENT BANKERS ASSOCIATION OR THE NEW YORK BANKERS

ASSOCIATION AND ASKED THEM WHAT IMPACT THIS WOULD LIKELY HAVE ON

THEIR LIQUIDITY, OR EVEN THEIR VIABILITY?

MS. ROZIC: THERE HAVE BEEN MANY CONVERSATIONS

WITH MANY PARTIES OVER THIS.

MR. GOODELL: AND WHAT IS THE POSITION OF THE

NEW YORK BANKERS ASSOCIATION AND THE INDEPENDENT BANKERS

ASSOCIATION AS IT RELATES TO THEIR ABILITY TO GO FOR A YEAR OR MORE WITH

NO PAYMENTS AT ALL ON THEIR RESIDENTIAL MORTGAGE PORTFOLIO?

MS. ROZIC: SO, I HAVE NOT PERSONALLY SPOKEN TO

THEM. I KNOW THAT THERE ARE CONVERSATIONS THAT ARE ONGOING WITH THEM

AND, AGAIN, I'M HAPPY TO HAVE THOSE CONVERSATIONS.

MR. GOODELL: I'LL JUST SHARE WITH YOU THAT I DID

RECEIVE A MESSAGE DIRECTLY FROM THE PRESIDENT OF THE INDEPENDENT

BANKERS ASSOCIATION WHO ADVISED ME THAT SEVERAL OF THEIR MEMBERS

WOULD LIKELY BE FACING INSOLVENCY, AND SEVERAL OF THEIR MEMBERS

WOULD BE UNDER INTENSE PRESSURE FROM THEIR BOARD TO CHANGE FROM

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STATE-CHARTERED TO FEDERALLY-CHARTERED BANKS IF THIS WENT THROUGH; I'M

JUST PASSING IT ON AS A MATTER OF INFORMATION.

MS. ROZIC: THEY SHOULD REACH OUT TO ME.

MR. GOODELL: THIS BILL WOULD TAKE EFFECT

IMMEDIATELY, CORRECT, IF IT'S ADOPTED AND SIGNED BY THE GOVERNOR?

MS. ROZIC: YES.

MR. GOODELL: WHICH MEANS THAT A MORTGAGE

TAKEN OUT THE DAY AFTER THIS BILL BECOMES LAW WOULD BE SUBJECT TO THESE

PROVISIONS, CORRECT?

MS. ROZIC: CORRECT. AND, AGAIN, IT'S A PRIMARY

RESIDENCE WITHIN A COUNTY OF THE RESIDENTS THAT IS COVERED BY THE

EXECUTIVE ORDERS LISTED IN THE FIRST PART OF THE BILL.

MR. GOODELL: SO THE NET EFFECT OF THIS LAW IS TO

CONVERT A SECURED LOAN INTO A NON-SECURED LOAN FOR RESIDENTIAL HOME

MORTGAGES FOR AT LEAST THAT TIME PERIOD, 180 DAYS, OR 360 DAYS AT THE

OPTION OF THE BORROWER, CORRECT? I MEAN, IT'S AN UNSECURED LOAN IN THE

SENSE THAT THEY CAN'T FORECLOSURE AND COLLECT ANY COLLATERAL.

MS. ROZIC: OKAY. THEY WOULD HAVE TO AGREE ON

THE TERMS OF THE FORBEARANCE, BUT, YES; THE SHORT ANSWER IS YES.

MR. GOODELL: WELL, I WOULD -- I'D JUST POINT OUT

THAT HOME MORTGAGE LOANS THAT ARE SECURED HAVE AN INTEREST RATE OF

TYPICALLY 3 OR 4 PERCENT. UNSECURED LOANS TYPICALLY HAVE AN INTEREST

RATE ANYWHERE FROM 12 TO 18 PERCENT. WON'T THIS HAVE THE EFFECT OF

MAKING ALL THESE MORTGAGES NOW HAVE A MUCH, MUCH HIGHER INTEREST

RATE BECAUSE THEY'RE NO LONGER SECURED? I MEAN, EFFECTIVE THE DAY AFTER

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NYS ASSEMBLY MAY 27, 2020

THIS IS SIGNED. ALL NEW MORTGAGES WILL DRY UP, WON'T THEY? OR HAVE

HUGE INTEREST RATES?

MS. ROZIC: I DON'T BELIEVE SO.

MR. GOODELL: SO YOU THINK THE BANKS ARE WILLING

TO JUST WAIVE AN ENTIRE YEAR OF PRINCIPAL AND INTEREST WITHOUT TRYING TO

COVER THAT LOSS, EITHER IN THE INTEREST PAYMENTS OR IN OTHER --

MS. ROZIC: I DON'T BELIEVE THAT THIS WOULD RESULT IN

HIGHER INTEREST RATES.

MR. GOODELL: I SEE. AND AS YOU KNOW, IF YOU

HAVE A NEW MORTGAGE, OR YOU HAVE A 30-YEAR MORTGAGE, DURING THE FIRST

YEAR THE AMOUNT OF THE PAYMENT THAT GOES TOWARD THE PRINCIPAL IS VERY

SMALL, AND THE REST OF IT IS ALL INTEREST. UNDER THIS BILL, ONE OF THE

OPTIONS WOULD BE TO TAKE THE ENTIRE YEAR OF PAYMENTS, RIGHT, AND MOVE

IT BACK 30 YEARS WITH NO ADDITIONAL INTEREST. IT'S LIKE A 30-YEAR LOAN FOR

THE ENTIRE AMOUNT OF THOSE PAYMENTS; IS THAT WHAT THIS BILL WOULD DO?

MS. ROZIC: THAT IS ONE OF THE OPTIONS. THERE ARE

THREE OPTIONS.

MR. GOODELL: IS THERE ANYONE WHO IS GETTING

INTELLIGENT FINANCIAL ADVICE THAT WOULDN'T TAKE THE OPTION TO HAVE A

30-YEAR INTEREST FREE LOAN? I MEAN, WHY WOULD YOU SELECT ANY -- IS

THERE ANY FINANCIAL REASON WHY YOU'D SELECT ANYTHING ELSE?

MS. ROZIC: I MEAN, THAT WOULD BE BETTER THAN GOING

INTO FORECLOSURE.

MR. GOODELL: NOW, AS YOU KNOW, IT'S ROUTINE

STANDARD PRACTICE THAT THE DAY AFTER A RESIDENTIAL MORTGAGE IS SOLD, IF IT'S

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A ROUTINE MORTGAGE, IT'S ALMOST IMMEDIATELY -- THE DAY AFTER IT'S CLOSED,

IT'S ALMOST IMMEDIATELY SOLD INTO THE SECONDARY MARKET. MOST BANKS

MAINTAIN VERY, VERY FEW RESIDENTIAL MORTGAGES IN THEIR OWN PORTFOLIO.

AND, OF COURSE, ONCE THEY'RE SOLD INTO THE SECONDARY MARKET THEY'RE

SUBJECT TO ALL THE CONSTITUTIONAL PROVISIONS ON COMMERCE AND

WHATEVER.

SO, WAS IT YOUR UNDERSTANDING THAT THIS WOULD ONLY

APPLY TO THE RESIDENTIAL MORTGAGES THAT ARE HELD BY STATE-CHARTERED

BANKS IN THEIR OWN PORTFOLIO?

MS. ROZIC: YES.

MR. GOODELL: NOW, DO YOU UNDERSTAND THAT THE

REASON A STATE-CHARTERED BANK WILL HAVE A LOAN IN ITS OWN PORTFOLIO IS

BECAUSE THE LOAN DOESN'T MEET THE UNDERWRITING STANDARDS OF THE

SECONDARY MARKET? WHICH MEANS A BANK, AS A COURTESY TO THEIR

CUSTOMER OR TO MEET CRA REQUIREMENTS IS MAKING A NON-CONFORMING

LOAN. TYPICALLY, THE BUILDING DOESN'T MEET CURRENT AH OR CONDITION

REQUIREMENTS FOR THE SECONDARY MARKET, THERE'S NOT ENOUGH EQUITY IN

THE PROPERTY SO THEY'RE HELPING OUT THE LENDER -- OR THE BORROWER. THE

BORROWER DOESN'T HAVE A HIGH ENOUGH CREDIT RATING TO QUALIFY FOR A

TYPICAL SECONDARY MORTGAGE, OR IT MAY BE A MOBILE HOME OR A

DOUBLEWIDE, AS WE SAY OUT IN THE COUNTRY IF YOU'RE -- OR A MANUFACTURED

HOME. WON'T THE EFFECT OF THIS LEGISLATION, IF IT'S ENACTED, ELIMINATE THE

FINANCIAL ABILITY OF STATE-CHARTERED BANKS TO MAKE THOSE UNIQUE LOANS

THAT THEY WOULD NORMALLY KEEP IN THEIR PORTFOLIO THAT ARE SO HELPFUL TO

PEOPLE WHO HAVE LESS THAN STELLAR CREDIT, OR ARE BUYING A FIXER-UPPER OR

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A TRAILER OR OTHER DIFFICULT TO FINANCE ASSETS?

MS. ROZIC: THE BILL DOESN'T DIRECTLY ADDRESS THAT,

BUT, AGAIN, AS I SAID AT THE BEGINNING, I AM OPEN TO HAVING THOSE

CONVERSATIONS AND SHORING UP THE -- THE BILL TO ENCOMPASS ALL -- ALL OF

THESE SITUATIONS, INCLUDING ONE IN THE SECONDARY MARKET.

MR. GOODELL: THANK YOU VERY MUCH FOR YOUR

COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. ONE OF THE

PROBLEMS THAT WE WRESTLE WITH AS A LEGISLATURE WHEN WE PASS BROAD

LEGISLATION IS THAT THERE ARE SOMETIMES VERY UNINTENDED EFFECTS. AND

THE UNINTENDED EFFECT OF THIS LEGISLATION WILL BE TO ELIMINATE THE ABILITY,

FINANCIAL ABILITY OF STATE-CHARTERED BANKS TO MAKE MORTGAGE LOANS THAT

THEY HOLD IN THEIR OWN PORTFOLIO.

AND SO, WHO WILL BE HURT WITH IT? WELL, OF COURSE THE

STATE-CHARTERED BANKS THEMSELVES WILL BE HURT AND, IN FACT, WHAT I'VE

BEEN TOLD DIRECTLY BY THE PRESIDENT OF THE INDEPENDENT BANKERS

ASSOCIATION IN A TEXT MESSAGE IS THAT IT MAY ACTUALLY THREATEN THE VERY

VIABILITY AND SURVIVABILITY OF MANY OF OUR COMMUNITY BANKS.

BUT THE SECOND THING IT WILL DO IS IT MAKES IT

EXTRAORDINARILY DIFFICULT FOR A COMMUNITY BANK TO MAKE LOANS THAT ARE

NON-CONFORMING. AND THOSE ARE THE WORKING POOR, PEOPLE THAT BUY

FIXER-UPPERS, MAYBE THE FIRST-TIME HOMEOWNERS, TRAILERS AND OTHER

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ASSETS OF THOSE TYPE. AND SO, THE NET EFFECT IS THAT THOSE WITH GREAT

CREDIT AND GREAT ASSETS, THEY'LL STILL BE BANKABLE, BUT THIS WILL ELIMINATE

THE BANKABILITY AND THE CREDIT AVAILABILITY TO A LOT OF PEOPLE WHO ARE

REALLY STRUGGLING WITH COVID, AND I THINK WE NEED TO HELP THOSE FOLKS

AND NOT ELIMINATE THEIR ABILITY TO BORROW.

SO, I WILL BE OPPOSING THIS AND ENCOURAGE MY

COLLEAGUES TO VOTE NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. BICHOTTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER.

ON THE BILL.

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

MS. BICHOTTE: I'M PROUD TO SUPPORT THIS BILL

SPONSORED BY MY COLLEAGUE WHICH WOULD EXTEND THE MORTGAGE

FORBEARANCE PERIOD FOR RESIDENTIAL HOMEOWNERS FOR A PERIOD OF SIX

MONTHS. HOMEOWNERS ACROSS NEW YORK ARE STRUGGLING TO PAY THEIR

MORTGAGE. THE SEASONALLY-ADJUSTED UNEMPLOYMENT RATE, ONCE AGAIN, IN

NEW YORK, IS 14.5 PERCENT AS OF LAST MONTH. HOMEOWNERS ARE

STRUGGLING TO MAINTAIN. NOW, IF WE FAIL TO TAKE ACTION TO PROTECT THESE

HOMEOWNERS WITH URGENCY, THEY RISK FORECLOSURE AND HOMELESSNESS.

THIS BILL SPECIFICALLY IS FOR OWNER-OCCUPIED

HOMEOWNERS. IF THERE'S A FINANCIAL HARDSHIP BEFORE COVID, GUESS

WHAT? THE PANDEMIC WOULD PUT THEM EVEN IN A MORE FINANCIAL

HARDSHIP. SO, I KNOW MY COLLEAGUE, MR. GOODELL, WAS TRYING TO

DIFFERENTIATE, WELL, WHAT KIND OF HARDSHIP THIS IS, IS IT A PANDEMIC

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HARDSHIP OR A HARDSHIP THAT SEEDED BEFORE? IT'S ALL THE SAME. LET'S SAY

YOU LOST YOUR JOB BEFORE THE PANDEMIC AND YOU WERE LOOKING TO GET

HIRED, LET'S SAY AT A HOTEL, BECAUSE THAT'S THE INDUSTRY THAT YOU KNOW.

GUESS WHAT? NOW THAT THE PANDEMIC HAPPENED, WE CANNOT EVEN THINK

ABOUT ENTERING THE HOSPITALITY INDUSTRY. THAT PUTS YOU EVEN INTO A

DEEPER HOLE.

RIGHT NOW, NEW YORKERS WHO FACE JOB INSECURITIES

AND INCOME LOSS AS A RESULT OF THE PANDEMIC SHOULD NOT HAVE TO FACE

THIS PUBLIC HEALTH CRISIS AND BE ON THE STREET AND LOSE THEIR HOMES THAT

THEY WORKED SO HARD FOR. THEY WORKED LIKE EVERYBODY ELSE, THEY

INVESTED IN THEIR HOME LIKE EVERYBODY ELSE, AND THIS IS A TIME AGAIN WE

SHOULD BE THINKING ABOUT WORKING TOGETHER, BECAUSE WE'RE ALL IN THIS

TOGETHER.

MY COLLEAGUE ALSO MENTIONED IN TERMS OF THE LIQUIDITY

OF THE STATE-CHARTERED BANK IF -- IS IT (UNINTELLIGIBLE) AND HE QUESTIONED

THAT. AND I -- I UNDERSTAND THERE'S CONCERNS AROUND THE LIQUIDITY OF THE

STATE-CHARTERED BANKS. I'M A FORMER BANKER, OKAY. I KNOW HOW THE

SYSTEM WORKS. OUR FEDERAL GOVERNMENT WILL NEVER LET OUR BANKS FALL

OFF, OR COLLAPSE. WE HAVE BEEN THE -- ACTUALLY, THE FIRST INDUSTRY THAT

WE BAIL OUT ARE TYPICALLY THE FINANCIAL INSTITUTIONS. THE BANKS WILL BE

FINE. WE HAVE CONSTANTLY BAILED OUT THE BANKS ON THE STATE LEVEL AND

THE FEDERAL LEVEL, SO THEY'LL BE FINE.

AND I MUST SAY, MR. SPEAKER, I REMEMBER WAY BACK

WHEN IN 2008 WHEN PRESIDENT OBAMA TOOK OFFICE AND WE HAD TO DEAL

WITH THE WHOLE MORTGAGE FINANCIAL CRISIS, EVERYONE'S HOME EQUITY WAS

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DEFLATED. WE HAD THIS PROGRAM CALLED THE HOME LOAN MODIFICATION,

WHICH WAS IN PLACE BECAUSE PEOPLE WERE LOSING THEIR HOMES. BUT,

WHAT WE REALIZE IS THAT WHILE WE HAVE PUT ALL THOSE BILLION DOLLARS IN

THE BANK, PEOPLE WERE STILL LOSING THEIR HOMES BECAUSE THE BANKS WERE

SAYING, OKAY, DON'T PAY FOR SIX MONTHS, WE ARE GOING TO APPROVE YOU

FOR THIS HOME LOAN MODIFICATION PROGRAM. SIX MONTHS WILL COME UP

AND THEY SAY, OKAY, YOU'RE NOT ELIGIBLE ANYMORE, YOU GOT TO PAY UP ALL

THE SIX MONTHS AND THE INTEREST RATE. AS A RESULT OF THAT, WE HAVE THE --

WE HAD THE HIGHEST FORECLOSURE RATE IN HISTORY. THAT WAS NOT FAIR TO ALL

THOSE HOMEOWNERS. AGAIN, THE BANKS WERE BAILED OUT. WHAT

HAPPENED TO THESE HOMEOWNERS? THEY LOST ALL THEIR EQUITY. THEY LEFT

THEIR HOMES. THEIR WHOLE LIFE CHANGED.

SO, AGAIN, WE'RE ALL IN THIS TOGETHER. WE'RE FINDING

WAYS, WE'RE GOING TO HELP THE BANKS, WE'RE GOING TO HELP THE

MORTGAGERS, WE'RE GOING TO HELP BUSINESSES, OCCUPY --

OWNER-OCCUPIED, INVESTMENT PROPERTIES, YOU NAME IT, WE'RE TRYING TO

HELP EVERYBODY BECAUSE THE WAY THE SYSTEM WORKS IS THAT WE ALL GOT TO

WORK TOGETHER.

I WOULD JUST LIKE TO SAY THAT THIS LEGISLATION WOULD

EXTEND GOVERNOR'S [SIC] CUOMO'S EXECUTIVE ORDER 202.9 TO REQUIRE

LENDERS TO GRANT A SIX MONTHS' FORBEARANCE PERIOD, AND WITH THE OPTION

TO EXTEND ANOTHER 180 DAYS TO ANY BORROWER WHO CERTIFIES THEY HAVE A

LOSS OF INCOME DURING THE COVID-19 CRISIS. THIS WOULD INCLUDE

HOMEOWNERS WHO ALREADY ARE STRUGGLING TO MAKE PAYMENTS. I'M

ASKING MY COLLEAGUES TO REALLY LOOK AT THIS FROM A BALANCE PERSPECTIVE.

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NYS ASSEMBLY MAY 27, 2020

WE'RE GOING TO BE VOTING ON MANY, MANY OTHER BILLS.

THIS IS PART OF THE PACKAGE, WE TALKED ABOUT THAT. WE'RE HELPING

TENANTS. WE'RE HELPING LANDLORDS. WE'RE HELPING HOMEOWNERS. WE'RE

HELPING COMMERCIAL REAL ESTATE PROPERTIES. WE ARE HELPING THE WHOLE

GAMUT. WHEN WE THINK ABOUT THIS, WE SHOULD THINK OF THIS AS A PAUSE.

EVERYTHING SHOULD STOP, EVERYTHING, BECAUSE ANYTHING THAT'S AFFECTED IN

THIS WHOLE PROCESS AFFECTS EVERYONE.

SO, I AM URGING EVERYONE TO LOOK AT THIS FROM A

HOLISTIC PERSPECTIVE. AND I KNOW THAT NOT EVERYONE'S A BANKER OR

UNDERSTAND THE FINANCIAL SYSTEM. IT'S ALMOST COMMON SENSE. WHAT DO

YOU DO IF YOU CAN'T PAY THE MORTGAGE BECAUSE OF THIS PANDEMIC? WHAT

DO YOU DO? DO WE JUST FORECLOSURE EVERY SINGLE -- ALMOST EVERY SINGLE

HOME IN THE -- IN THE UNITED STATES? OR IN THE STATE OF NEW YORK?

WHAT DO YOU DO? WE ARE FINDING SOLUTIONS. THIS IS A FIRST STEP

FORWARD.

SO, AGAIN, I -- I APPLAUD MY COLLEAGUE FOR INTRODUCING

THIS BILL. THE STATE-CHARTERED BANKS, WE'RE GOING TO WORK WITH THEM.

WE'RE HOPING THAT THIS IS A MODEL FOR THE FEDERAL BANKS, BECAUSE THIS IS

AFFECTING ALL OF US. AND I WOULD ENCOURAGE, AGAIN, OUR COLLEAGUES TO

SUPPORT THIS BILL IN PROTECTING OUR NEW YORKERS FROM FORECLOSURE AND

FROM BEING HOMELESS. THANK YOU.

ACTING SPEAKER AUBRY: MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

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NYS ASSEMBLY MAY 27, 2020

MR. ABINANTI: AS I SAID EARLIER, MR. SPEAKER, ON

ANOTHER BILL, IN TOUGH TIMES LIKE THIS, LEGISLATURES HAVE TO MAKE TOUGH

DECISIONS. WE WANT TO KEEP OUR COMMUNITY FUNCTIONING. THIS, LIKE ALL

OF THE OTHER BILLS, IS PART OF A PACKAGE. WE'RE ATTEMPTING TO DEAL WITH

EACH SEGMENT OF OUR STATE COMMUNITY ONE BILL AT A TIME. WE'RE NOT

GOING TO SOLVE ALL OF THE PROBLEMS WITH EACH BILL. AND EACH BILL MAY

NOT SOLVE ALL OF THE PROBLEMS IN EACH AREA.

THIS BILL IS AN ATTEMPT TO MOVE US FORWARD, TO

ENCOURAGE OUR STATE BANKS TO NEGOTIATE WITH BORROWERS WHO CANNOT

PAY THEIR MORTGAGE BECAUSE OF THE PRESENT PANDEMIC. IF THE BANK IS

RECALCITRANT, IT GIVES THE BORROWER AN OPPORTUNITY TO AVOID FORECLOSURE.

WITHOUT THIS, A BANK MAY BE IN A SITUATION WHERE THEY HAVE PRESSURE

FROM THEIR OWNERS, FROM THEIR STOCKHOLDERS, THEIR SHAREHOLDERS, FROM

THE COMMUNITY, TO FORECLOSE ON PROPERTY, MAYBE EVEN FROM OTHER

BORROWERS TO FORECLOSURE ON PROPERTY WHERE THE MORTGAGE IS NOT BEING

PAID.

THIS GIVES A BORROWER WHO HAS LOST INCOME THROUGH

NO CAUSE -- COST -- NO CAUSE OF THEIR OWN, NO FAULT OF THEIR OWN, THE

OPPORTUNITY TO FORCE A RECASTING OF THE MORTGAGE. AS THE SPONSOR HAS

SAID, WHERE -- THE ASSEMBLY IS OPEN TO MAKING AMENDMENTS TO THIS

BILL. AS THE CHAIR OF THE BANKING COMMITTEE, I'VE BEEN INVOLVED IN

DISCUSSIONS WITH THE SPONSOR, WITH THE SENATE, WITH STAFF, WITH THE

GOVERNOR'S OFFICE. BUT THIS BASIC BILL, THIS CONCEPT, IS A CONCEPT THAT

WE ARE WEDDED TO AND WHICH IS VERY IMPORTANT IN KEEPING OUR

COMMUNITY GOING FORWARD.

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NYS ASSEMBLY MAY 27, 2020

NOW, I'VE HEARD SOME COMMENTS ABOUT SOME OF THE

PROBLEMS WITH THIS. WELL, FIRST OF ALL, IT DOESN'T APPLY TO

FEDERALLY-INSURED LOANS, AND THOSE ARE THE LOANS WHERE MOST OF THE

POORER PEOPLE GET THEIR LOANS. PEOPLE AT THE BOTTOM END OF THE

SPECTRUM ARE THE ONES WHO GET FEDERALLY-INSURED LOANS. SECONDLY,

WE'RE NOT DEALING IN A -- IN A VACUUM. IF THERE IS ANY CHANCE THAT THERE

ARE SEVERAL OF THESE GOING TO ONE BANK, AND THAT BANK IS POSSIBLY FACING

A, LET'S SAY, LACK OF LIQUIDITY, DFS IS WATCHING OUR BANKS CAREFULLY.

DFS WILL WORK WITH THAT BANK TO MAKE SURE THAT THAT BANK REMAINS

STABLE AND SOUND AND HAS SUFFICIENT LIQUIDITY.

THIS IS A TOUGH TIME. THIS IS A TIME WHEN WE ALL HAVE

TO GET TOGETHER AND WE HAVE TO TAKE SOME EXTREME MEASURES TO MAKE

SURE THAT OUR SYSTEM CONTINUES TO WORK. I COMMEND THE SPONSOR FOR

PUTTING THIS BILL FORWARD. I URGE ALL OF MY COLLEAGUES TO PASS THIS

LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. DICKENS.

MS. DICKENS: (UNINTELLIGIBLE/LOST CONNECTION)

(PAUSE)

MS. ROZIC.

MS. ROZIC: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. ROZIC: AS THE COVID-19 PANDEMIC CONTINUES

TO WREAK HAVOC ON NEW YORK, AND WITH STATE AND LOCAL GOVERNMENTS

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NYS ASSEMBLY MAY 27, 2020

MANDATING THE SHUTTERING OF ALL BUT ESSENTIAL BUSINESSES IN THE INTEREST

OF PROTECTING PUBLIC HEALTH, NEW YORK HAS SEEN A RAPID AND

UNPRECEDENTED ECONOMIC DECLINE. MANY NEW YORKERS FACING SEVERELY

REDUCED OR ENTIRELY LOST WAGES WILL NOT BE ABLE TO KEEP UP WITH

MORTGAGE PAYMENTS AT THIS TIME. WITH SWIFT ACTION, WE CAN WARD OFF

THE MOST -- THE WORST CONSEQUENCES AND OUTCOMES, SAVE PEOPLE FROM

FALLING INTO HOMELESSNESS, AVERT DEVASTATING FORECLOSURES THAT WREAK

HAVOC ACROSS OUR NEIGHBORHOODS AND PREVENT A REAL ESTATE COLLAPSE.

AFFORDABLE, STABLE HOUSING IS THE KEY TO WELL-BEING

AND UPWARD MOBILITY. WITHOUT HOUSING IT'S HARD TO GET A JOB, LET ALONE

PERFORM WELL ENOUGH TO HOLD ONTO IT. WITHOUT A STABLE HOME, KIDS

STRUGGLE TO PERFORM WELL IN SCHOOL. KEEPING PEOPLE HOUSED IS CRUCIAL

FOR THE ECONOMY, TOO; IN FACT, FEDERAL CHAIR JEROME POWELL HAS

REPEATEDLY SAID THAT THE BEST WAY TO AVOID A LONG, PAINFUL RECESSION IS

TO -- IS TO SPEND TO HELP FAMILIES STAY SOLVENT AND TO KEEP WORKERS IN

THEIR HOMES.

WITH THE GOVERNOR -- THE GOVERNOR'S ISSUANCE OF

EXECUTIVE ORDER 202.9, SOUND MORTGAGERS WERE GIVEN A TEMPORARY

FORBEARANCE OR MORATORIUM PERIOD, BUT THIS ONLY KICKS THE CAN DOWN

THE ROAD AND LEAVES THE LOOMING DANGER OF MASS DISPLACEMENT ACROSS

OUR STATE. THIS BILL WOULD EXTEND THE SPIRIT OF THE GOVERNOR'S

EXECUTIVE ORDER TO ALL STATE-REGULATED MORTGAGE LENDERS AND SERVICERS,

REQUIRING THEM TO GRANT FOR -- A FORBEARANCE PERIOD WITH THE OPTION TO

EXTEND ANOTHER 180 DAYS TO ANY MORTGAGER WHO CERTIFIES THAT THEY HAVE

A LOSS OF INCOME OR FINANCIAL HARDSHIP DURING THE COVID-19 CRISIS.

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WHILE THE GOVERNOR'S EXECUTIVE ORDER PROVIDES

IMMEDIATE RELIEF TO SOME HOMEOWNERS, IT STILL ALLOWS FOR MORTGAGE

LENDERS TO COLLECT BACK PAYMENTS AS SOON AS THE FORBEARANCE PERIOD IS

OVER. MANY HOMEOWNERS, OUR NEIGHBORS, WILL NOT BE ABLE TO PAY THE

LUMP SUM OF THEIR ARREARS ONCE FORBEARANCE ENDS IF THEY HAVE BEEN

UNABLE TO WORK. THIS BILL REQUIRES REGULATED LENDERS AND SERVICERS TO

ALLOW MORTGAGORS TO EITHER EXTEND THEIR MORTGAGE FOR A PERIOD OF TIME

EQUAL TO THE FORBEARANCE, PAY THEIR ARREARS IN MONTHLY INSTALLMENTS, OR

PAY THE DEFERRED PAYMENTS AS A BALLOON PAYMENT UPON THE MATURITY OF

THE LOAN. BY GIVING HOMEOWNERS THE FLEXIBILITY THEY NEED, WE CAN

PROVIDE ESSENTIAL SECURITY TO THOUSANDS OF NEW YORKERS, ENSURING THAT

NO ONE WILL BE SUBJECT TO FORECLOSURE OR PUNISHED WITH FEES BECAUSE OF

THESE -- THE ECONOMIC HAVOC BROUGHT ON BY THIS PANDEMIC.

I WILL BE VOTING IN THE AFFIRMATIVE AND URGE MY

COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

LET'S TRY AGAIN, MS. DICKENS.

MS. DICKENS: CAN YOU HEAR ME, MR. SPEAKER?

ACTING SPEAKER AUBRY: WE HEAR --

MS. DICKENS: CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: YES, MA'AM.

MS. DICKENS: THANK YOU -- THANK YOU, MR.

SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

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NYS ASSEMBLY MAY 27, 2020

MS. DICKENS: I APPLAUD MY COLLEAGUE AND MY

SPEAKER FOR PUSHING FORTH THIS BILL TO SUPPORT OWNER-OCCUPIED ONE TO

FOUR PROPERTIES; HOWEVER, I WILL BE SEEKING SUPPORT TO ASSIST PROPERTIES

THAT ARE SOMEWHAT LARGER THAN ONE TO FOURS, BUT, NONETHELESS, ARE

OWNER-OCCUPIED. IN MANY OF THE COMMUNITIES IN NEW YORK CITY, WE

DON'T HAVE THE LARGE BUILDINGS. OUR BUILDINGS IN OUR COMMUNITIES ARE

-- ARE THE SMALLER BUILDINGS, MAYBE 20 FAMILIES, 25 FAMILIES, AND THEY

ARE OWNER-OCCUPIED AND THEY ARE SUFFERING IN THE SAME MANNER THAT THE

ONE TO FOURS. AND, IN FACT, IT'S -- IT'S MUCH MORE DANGEROUS BECAUSE

THEY MAY LOSE THEIR PROPERTIES, AS WELL.

MANY PEOPLE ARE -- ARE TALKING ABOUT THE BANKS. AND,

YES, I AGREE THAT IN FINANCIAL DOWNTURNS, ECONOMIC DOWNTURNS, THE

BANKS ARE BAILED OUT, BUT THEY'RE BAILED OUT FOR GOOD REASONS BECAUSE

THEY ARE THE FINANCIAL FOUNDATION OF OUR CITY, OUR STATE AND OUR

COUNTRY. NOW, THAT MAY NOT FALL SO TRUE AND IT FALLS SOMEWHAT SHORT OF

MINORITY BANKS, BUT THAT'S NOT WHAT I'M HERE TO TALK ABOUT, I'M HERE TO

TALK ABOUT THIS BILL.

SO, ALTHOUGH I'M GOING TO VOTE IN THE AFFIRMATIVE ON IT,

I AM VERY CONCERNED THAT IT LEAVES OUT MANY OF THE SMALL BUILDINGS THAT

ARE LARGER THAN ONE TO FOURS, BUT ARE STILL OWNER OCCUPIED, AND THOSE

OWNERS FACE LOSING THEIR PROPERTIES TO FORECLOSURE AND TO

(UNINTELLIGIBLE) AGREEMENTS THAT THEY MAY BE FORCED INTO BECAUSE THEY

CANNOT PAY THE -- THE REAL ESTATE BILL AND THE TAX BILL THAT'S COMING FORTH

ON JULY 1.

SO, I THANK YOU FOR GIVING ME THE TIME AND, AGAIN, I

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NYS ASSEMBLY MAY 27, 2020

THANK MY COLLEAGUES FOR PUTTING FORTH THIS BILL.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY BILL NO. A10351-B. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBER PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS INITIALLY VOTING NO. IF THERE ARE MEMBERS

THAT WISH TO VOTE YES, PLEASE CONTACT THE MINORITY OFFICE RIGHT AWAY, AS

QUICKLY AS POSSIBLE, SO WE CAN ENSURE THAT YOUR VOTE IS PROPERLY

RECORDED. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY.

REPUBLICAN CONFERENCE VOTING NO.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: DEMOCRATIC MAJORITY

MRS. PEOPLES-STOKES: ALL MEMBERS WILL BE

VOTING IN THE AFFIRMATIVE UNLESS THEY COME TO THE CHAMBERS AND/OR

GIVE ME A CALL.

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NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: DEMOCRATIC MAJORITY

WILL VOTE IN THE AFFIRMATIVE OTHER THAN CALLING IN OR COMING TO THE

CHAMBER AND VOTING.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. EARLIER THIS WEEK I RECEIVED A TEXT MESSAGE FROM MIKE

WIMER, WHO IS THE PRESIDENT OF THE CATTARAUGUS COUNTY BANK AND THE

PRESIDENT OF THE INDEPENDENT BANKERS ASSOCIATION. AND HE POINTED

OUT THAT THE STATE-CHARTERED BANKS, THEY'RE NOT THE BIG GUYS,

STATE-CHARTERED BANKS ARE YOUR SMALL, LOCAL COMMUNITY BANKS. AND

THEY ARE ALL UNDER FINANCIAL STRESS DURING THE COVID CRISIS.

AND SO, WHILE THEY WANT TO DO EVERYTHING THEY CAN

WITHIN THEIR POWER TO HELP THEIR CUSTOMERS AND, INDEED, THEY ARE

NEGOTIATING WITH ALL THEIR CUSTOMERS TO TRY TO WORK OUT PAYMENT PLANS

THAT MAKE SENSE FOR BOTH THE CUSTOMER AND THE BANK. THIS BILL GOES

WAY BEYOND THAT AND SAYS FOR OUR SMALL COMMUNITY BANKS, THE ONES

THAT ARE OWNED BY OUR LOCAL RESIDENTS, WHO FOCUS ON HELPING OUR LOCAL

RESIDENTS, FOR THOSE BANKS WE WILL OFFER THEIR CUSTOMERS UP TO 30-YEAR

INTEREST FREE LOAN, BECAUSE ONE OF THE OPTIONS HERE IS THAT YOU CAN TAKE

ONE YEAR OF YOUR PAYMENTS AND DIVERT TO THE VERY END INTEREST FREE.

AND OUR COMMUNITY BANKS ARE SMALL, LOCAL BANKS.

THEY DON'T HAVE THE FINANCIAL ABILITY TO SIMPLY WRITE-OFF AN ENTIRE YEAR

OF MORTGAGE PAYMENTS FROM THESE RESIDENTIAL CUSTOMERS. THEY'RE

WILLING TO WORK WITH THEM, THEY WANT TO WORK WITH THEM, LONG-TERM

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RELATIONSHIPS IS CRITICAL TO THEIR SUCCESS, BUT THEY DON'T HAVE THAT ABILITY.

AND THIS BILL WILL THREATEN THE VERY SURVIVABILITY OF THE VERY BANKS THAT

WE WANT TO KEEP IN OUR COMMUNITY AND FOR THAT REASON, I'LL BE VOTING

NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ACTING SPEAKER ROZIC: MR. GOODELL.

MR. GOODELL: MADAM SPEAKER, YOU'LL BE PLEASED

TO KNOW THERE ARE SEVERAL REPUBLICANS THAT AGREE WITH YOUR BILL, AND

THOSE INCLUDE MR. RA, MR. GARBARINO, MR. WALCZYK, MR. BYRNE, MR.

SMITH, MR. SCHMITT, MR. LIPETRI AND MS. MILLER.

I LOVE THAT BIG SMILE. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK WILL READ.

THE CLERK: SENATE NO. S08289-B, SENATOR SALZAR

(ASSEMBLY NO. 10394-A, RULES REPORT NO. 37, LENTOL, JACOBSON,

EICHENSTEIN, ORTIZ, O'DONNELL, D'URSO, BUCHWALD, GLICK, GOTTFRIED,

GRIFFIN, MOSLEY, SEAWRIGHT, SIMON, THIELE, GALEF, COLTON, OTIS,

BICHOTTE, BUTTENSCHON, BARRON, DINOWITZ, WRIGHT, L. ROSENTHAL,

CYMBROWITZ). AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

REQUIRING RESIDENTIAL HEALTH CARE FACILITIES TO PREPARE AN ANNUAL

PANDEMIC EMERGENCY PLAN.

ACTING SPEAKER ROZIC: AN EXPLANATION IS

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REQUESTED.

MR. LENTOL.

MR. LENTOL: THANK YOU, MR. [SIC] SPEAKER.

HISTORY, I THINK, HAS TAUGHT US THAT WE NEED TO JUDGE A SOCIETY BY THE

WAY IT PROTECTS AND DEFENDS OUR MOST VULNERABLE. I THINK TODAY WE DID

PRETTY WELL BY PROTECTING VICTIMS OF CHILD ABUSE BY WHAT WE'VE DONE

ALREADY. HOWEVER, I DON'T THINK THERE'S ANYBODY WHO BELIEVES THAT WE

DID A GREAT THING TO PROTECT AND DEFEND SOME OF THE MOST VULNERABLE

OLDER PEOPLE OF OUR CITY AND OUR STATE. AND THIS BILL DOESN'T PRETEND TO

BLAME ANYBODY, OR WANT TO BLAME ANYBODY, IT'S A BILL THAT WOULD LOOK

TO THE FUTURE, FUTURE PANDEMICS, FUTURE INCIDENTS OF ANY TYPE OF AN

EMERGENCY INFECTIOUS DISEASE THAT COMES OUR WAY TO REQUIRE RESIDENTIAL

HEALTH CARE FACILITIES TO PREPARE A PANDEMIC EMERGENCY PLAN WITHIN 90

DAYS, AND ANNUALLY THEREAFTER, OR MORE FREQUENTLY IF DETERMINED TO BE

DONE BY THE COMMISSIONER OF HEALTH.

THE PLAN WOULD NEED TO BE MADE AVAILABLE TO THE

PUBLIC ON A FACILITY'S WEBSITE AND UPON REQUEST. THE EMERGENCY PLAN

WOULD INCLUDE A COMMUNICATION PLAN FOR REGULAR UPDATES ON THE STATUS

OF PATIENTS THAT ARE INFECTED, AND UPDATES ON INFECTIONS AND DEATHS THAT

HAVE OCCURRED AT THE FACILITY. THE COMMUNICATION PLAN WOULD ALSO

REQUIRE FACILITIES TO PROVIDE RESIDENTS WITH DAILY ACCESS WITHOUT CHARGE

TO VIDEOCONFERENCING TECHNOLOGY TO ALLOW FOR COMMUNICATION. THE

EMERGENCY PLAN WOULD ALSO INCLUDE PROTECTION PLANS AGAINST INFECTION

FOR STAFF, RESIDENTS AND FAMILIES OF RESIDENTS, WHICH INCLUDES A

READMISSION PLAN TO THE FACILITY AFTER TREATMENT AND A REQUIREMENT THAT

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THE FACILITY HAVE A TWO-MONTH SUPPLY OF PERSONAL PROTECTIVE

EQUIPMENT, OR HAVE A CONTRACT TO PROVIDE A TWO-MONTHS SUPPLY OF PPE.

THE PLAN WOULD NEED TO INCLUDE PROVISIONS FOR

PRESERVING A RESIDENT'S PLACE IN THE FACILITY IF THE RESIDENT IS

HOSPITALIZED, AND THE BILL WOULD ALSO ESTABLISH A REQUIREMENT TO CORRECT

NON-COMPLIANCE. A FAILURE TO PREPARE OR COMPLY WITH THE PANDEMIC

EMERGENCY PLAN COULD BE SUBJECT TO CIVIL PENALTIES AUTHORIZED FOR

VIOLATIONS OF THE PUBLIC HEALTH LAW.

AND THAT'S THE PURPOSE OF THE BILL, TO LOOK TO THE

FUTURE. WE CAN'T ABANDON OUR SENIORS AGAIN. WE SHOULDN'T ALLOW IT.

ACTING SPEAKER ROZIC: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

WOULD THE SPONSOR YIELD?

MR. LENTOL: CERTAINLY, MR. [SIC] SPEAKER --

ACTING SPEAKER ROZIC: MR. LENTOL, DO YOU

YIELD?

MR. LENTOL: YES, I DO.

MR. GOODELL: THANK YOU, MR. LENTOL. THERE'S NO

DOUBT WHATSOEVER THAT IT WOULD BE IMPORTANT FOR OUR NURSING HOMES

AND ADULT CARE FACILITIES TO HAVE APPROPRIATE EMERGENCY PLANS AND

BACKUP PLANS, INCLUDING SPECIFICALLY THE REQUIREMENT THAT THEY INCLUDE

A PANDEMIC AS PART OF THAT PLANNING PROCESS. AND AS YOU KNOW, THE

CURRENT LAW REQUIRES THEM TO HAVE A EMERGENCY PREPAREDNESS PLAN, AND

AS WE SAW, THERE ARE A LOT OF CHALLENGES FOR THIS EPIDEMIC. ONE OF THE

GREATEST CRITICISMS OF NEW YORK STATE'S RESPONSE IS A DIRECTIVE THAT

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APPARENTLY CAME OUT AND REQUIRED NURSING HOMES TO TAKE ACTIVE

COVID-19 PATIENTS BACK INTO THE NURSING HOME. AND THERE ARE SOME

COMMENTATORS WHO SUGGEST THAT THAT RESULTED IN THE DEATH OF LITERALLY

THOUSANDS OF VERY FRAIL, VULNERABLE SENIOR CITIZENS AND OTHERS IN

NURSING HOMES AND ADULT DAY CARE FACILITIES. AND WE KNEW AT THE

OUTBREAK THAT THESE WERE THE PEOPLE THAT WERE AT THE GREATEST RISK OF

ANYBODY, AND YET, ACTIVE PATIENTS WERE SENT BACK IN. SO I'M CONCERNED

ABOUT THE LANGUAGE IN YOUR BILL ON PAGE 1, STARTING ON LINE 21, THAT

REQUIRES THESE NURSING HOMES TO HAVE A PLAN, QUOTE,"... FOR HOSPITALIZED

RESIDENTS TO BE READMITTED TO SUCH RESIDENTIAL HEALTHCARE FACILITY AFTER

TREATMENT." ISN'T THIS IS A STATUTORY OBLIGATION THAT WOULD PERPETUATE

THE HORRIFIC DECISION THAT WAS MADE EARLIER THIS YEAR TO REQUIRE NURSING

HOMES TO TAKE ACTIVE COVID PATIENTS BACK INTO THE NURSING HOMES?

SHOULDN'T WE BE DOING THE OPPOSITE? SHOULDN'T THE LANGUAGE OF THE BILL

SAY A PLAN FOR ALTERNATIVE PLACEMENT OR SAFE PLACEMENT? BUT THIS

LANGUAGE ACTUALLY SAYS A PLAN FOR HOSPITALIZED RESIDENTS TO BE

READMITTED TO SUCH RESIDENTIAL HEALTHCARE FACILITY. COULD YOU ADDRESS

THAT CONCERN?

MR. LENTOL: YES, OF COURSE. AND YOU'RE

ABSOLUTELY RIGHT. BUT THE READMITTANCE IS IN ACCORDANCE WITH THE LAWS

AND REGULATIONS THAT EXIST. SO IF THEY DON'T HAVE THE ABILITY TO CARE FOR

THE RESIDENTS, AS HAS ALREADY BEEN SAID VERY OFTEN, THEN THEY DON'T HAVE

TO TAKE THEM BACK. AND AS THE GOVERNOR HAS SAID MANY TIMES, IF THE

NURSING HOME CAN'T CARE FOR THE PERSON AND DOESN'T HAVE THE

WHEREWITHAL TO DO SO, THEY DON'T HAVE TO TAKE THEM BACK. AND DOH

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CAN HELP THEM FIND A PLACE THAT WILL TAKE THEM. AND BY THE WAY, AS I

SAID IN MY OPENING REMARKS, THIS ISN'T LOOKING TO TRY AND BLAME

ANYBODY FOR ANYTHING, BECAUSE I DON'T WANT TO DO THAT. I WANT TO LOOK

TO THE FUTURE NOW. THESE PEOPLE ARE DEAD. I -- I PUT THREE -- THREE

FAMILY MEMBERS IN A NURSING HOME, AND THEY ALL LIVED FAIRLY LONG LIVES

AFTER I GOT THEM TO GO THERE. AND I AM AS DISAPPOINTED AS ANYBODY TO

SEE WHAT'S HAPPENED IN THIS PANDEMIC. BUT WE HAVE TO NOW STOP TRYING

TO BLAME FOLKS FOR -- LAY BLAME FOR THE MAYOR OR THE GOVERNOR OR FOR

THE PRESIDENT. I WANT TO DO SOMETHING FOR THE PEOPLE THAT WE NEED TO

PROTECT, AND THAT'S THE OLDER CITIZENS OF OUR STATE, AND WE HAVE TO PLAN

FOR THE FUTURE. THAT'S THE PURPOSE OF THIS BILL.

MR. GOODELL: AND I APPRECIATE IT, AND I -- I AGREE

AND SUPPORT YOUR PURPOSE, MR. LENTOL. BUT FOR ALL THOSE FAMILIES WHO

LOST A LOVED ONE IN A NURSING HOME OVER THE LAST TWO MONTHS BECAUSE

THOSE NURSING HOMES WERE FORCED BY THE DEPARTMENT OF HEALTH ITSELF TO

TAKE COVID-ACTIVE PATIENTS, SHOULDN'T THIS STATUTORY PROVISION STATE

THAT THEY SHOULD HAVE A PLAN FOR THE PROPER AND SAFE TREATMENT OR CARE

AND NOT REQUIRE THEM TO HAVE A PLAN FOR HOSPITALIZED RESIDENTS TO BE

READMITTED? I THINK IT'S THE READMITTED STATUTORY LANGUAGE THAT I HAVE

THE GREATEST PROBLEM WITH. WOULDN'T IT BE BETTER IF WE JUST REQUIRE

THESE NURSING HOMES TO HAVE A PLAN IN PLACE TO ENSURE THAT THEY COULD

BE TREATED SAFELY. AND TO SAY THAT THIS READMITTANCE PLAN IS GOING TO BE

IN ACCORDANCE WITH REGULATIONS IS HARDLY A COMFORT FOR THE 5- OR 6- OR

7,000 FAMILIES THAT LOST A LOVED ONE AFTER THE DEPARTMENT OF HEALTH --

MR. LENTOL: I -- I AGREE WITH THAT.

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MR. GOODELL: -- LET THESE COVID-POSITIVE

PATIENTS BE READMITTED.

MR. LENTOL: I GOT YOUR QUESTION. I -- I AGREE

WHOLEHEARTEDLY, AND I DON'T THINK THERE'S ANYBODY WHO WOULD DISAGREE

WITH YOU MORE NOW, AFTER ALL OF THE -- ALL OF WHAT'S HAPPENED, THAT WE

MUST BE ASSURED THAT FOR ANY READMITTANCE TO THE NURSING HOME THAT

THAT PERSON IS FREE OF WHATEVER EPIDEMIC WE'RE TALKING ABOUT OR

WHATEVER INFECTION WE'RE TALKING ABOUT, AND IS CLEARED TO GO BACK TO THE

NURSING HOME THAT THEY CAME FROM AFTER THAT PERSON HAS BEEN CLEARED

BY MEDICAL DOCTORS AND -- AND IS FREE OF THE VIRUS.

MR. GOODELL: THANK YOU VERY MUCH, MR. LENTOL.

AS ALWAYS, I APPRECIATE YOUR COMMENTS.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I ABSOLUTELY AGREE WITH MY

COLLEAGUE MR. LENTOL THAT NURSING HOMES AND ADULT DAY CARE FACILITIES

AND OTHER FACILITIES SHOULDN'T HAVE AS PART OF THEIR EMERGENCY DISASTER

PLAN HOW DEAL WITH A PANDEMIC. ON THAT, WE ARE IN 100 PERCENT

COMPLETE AGREEMENT. THE CONCERN THAT I HAVE IS THAT THE LANGUAGE OF

THIS BILL REQUIRES THAT THAT PLAN INCLUDE A, QUOTE, "PLAN FOR HOSPITALIZED

RESIDENTS TO BE READMITTED." AND HAVING LOST THOUSANDS OF SENIOR

CITIZENS IN THESE RESIDENTIAL CARE FACILITIES BECAUSE THEY WERE FORCED TO

READMIT COVID-ACTIVE PATIENTS, I THINK IT WOULD BE MUCH BETTER FOR US

AND MORE PRUDENT FOR US TO REQUIRE THAT THE PLAN DEAL WITH HOW THESE

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INDIVIDUALS SHOULD BE TREATED WITHOUT NECESSARILY A STATUTORY

REQUIREMENT THAT THE PLAN INCLUDE -- THE PLAN INCLUDE HOW HOSPITALIZED

RESIDENTS WILL BE RE -- READMITTED.

AND FOR -- AND SO, IF MY COLLEAGUE, WHOM I HAVE GREAT

RESPECT FOR - EVEN IF HE'S NOT WEARING A TIE AT THE MOMENT - BUT MY

COLLEAGUE WHOM I HAVE GREAT RESPECT FOR WANTED TO CHANGE THE

LANGUAGE TO TAKE OUT THE REQUIREMENT FOR A PLAN FOR HOSPITALIZED

RESIDENTS TO BE READMITTED I THINK YOU WOULD HAVE UNANIMOUS SUPPORT.

BUT WITH THAT LANGUAGE, I WILL NOT BE ABLE TO SUPPORT AND I URGE MY

COLLEAGUES NOT TO SUPPORT IT EITHER. AND AGAIN, AS I MENTIONED, IF WE

GET DIFFERENT LANGUAGE, YOU CAN COUNT ON MY SUPPORT. THE CONCEPT IS

GOOD, BUT WE SURELY DON'T WANT A STATUTORY REQUIREMENT REQUIRING THE

PLAN FOR HOSPITALIZED PATIENTS TO BE READMITTED INTO THE NURSING HOMES..

MR. LENTOL: MR. GOODELL, IF I COULD JUST INTERRUPT

YOU FOR A SECOND, I THINK YOU'RE MISREADING --

ACTING SPEAKER AUBRY: DO YOU YIELD, MR.

GOODELL?

MR. GOODELL: YES.

ACTING SPEAKER AUBRY: PROCEED, MR. LENTOL.

MR. LENTOL: THANK YOU, MR. SPEAKER. I THINK THE

GENTLEMAN IS MISREADING THAT PROVISION BECAUSE WE WANT TO ASSURE THAT

BECAUSE THE PATIENT WENT TO THE HOSPITAL WITH AN INFECTION THAT HE HAS A

PLACE TO RETURN. NOW, THAT PATIENT DOESN'T HAVE TO CHOOSE TO RETURN, BUT

WE WANT TO ASSURE THAT HE HAS A PLACE TO GO BACK TO. AND IF THE NURSING

HOME THAT HE LEFT CAN'T TAKE CARE OF HIM, THEN THE DEPARTMENT OF HEALTH

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NYS ASSEMBLY MAY 27, 2020

WILL TAKE HIM TO ANOTHER NURSING HOME SO THAT HE CAN BE CARED FOR.

THAT'S WHAT THIS BILL PROVIDES FOR.

MR. GOODELL: THANK YOU, MR. LENTOL, FOR THAT

CLARIFICATION. AND I -- I AGREE WITH THE CONCEPT. AND IF THIS STATUTORY

LANGUAGE SAID A PLAN FOR HOSPITAL RESIDENTS TO BE TAKEN CARE OF AFTER

THEY'VE BEEN DISCHARGED FROM A HOSPITAL, WHICH PLAN MIGHT INCLUDE

PLACEMENT IN A SPECIALIZED CARE FACILITY, YOU WOULD HAVE MY SUPPORT.

BUT THE DANGER THAT WE HAVE IS WE HAVE JUST SEEN THOUSANDS OF SENIOR

CITIZEN DIE OF COVID IN NURSING HOMES WHERE IT WAS JUST LIKE A

WILDFIRE, BECAUSE THEY WERE FORCED TO READMIT THOSE INDIVIDUALS. AND

SO I DON'T THINK WE WANT STATUTORY LANGUAGE THAT REQUIRES, QUOTE, "A

PLAN FOR HOSPITALIZED RESIDENTS TO BE READMITTED." I THINK WHAT WE

WANT IS A PLAN FOR THE PROPER TREATMENT AND CARE OF HOSPITALIZED

PATIENTS, BUT NOT A STATUTORY REQUIREMENT THAT THEY BE READMITTED. BUT

AGAIN, THANK YOU VERY MUCH. I CERTAINLY AGREE WITH THE CONCEPT. I JUST

CAN'T AGREE WITH THIS LANGUAGE AS WRITTEN, AND I'D BE DELIGHTED TO WORK

WITH YOU ON LANGUAGE THAT I THINK EXPRESSES OUR MUTUAL CONCERN FOR

ENSURING THAT WE DON'T REPEAT THE HORRIFIC TRAGEDY THAT WE'VE JUST

WITNESSED OVER THE LAST FEW MONTHS.

THANK YOU, MR. LENTOL.

ACTING SPEAKER AUBRY: MR. KIM.

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

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. LENTOL, WILL YOU

YIELD?

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NYS ASSEMBLY MAY 27, 2020

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

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. KIM: THANK YOU, MR. LENTOL. I AGREE, YOU

KNOW, AGREE WITH YOU THAT WE SHOULDN'T BE ENGAGED IN BLAMING OTHERS

AND POLITICIZING THIS MOMENT. BUT IT IS, I THINK, VERY IMPORTANT FOR US

TO CORRECT THE MISTAKES THAT WE MADE IN OUR DECISION AND

POLICYMAKING. SO I -- I JUST WANT TO CLARIFY A COUPLE OF THINGS. IN THIS

BILL, WHEN WE'RE ASKING NURSING HOMES TO PREPARE A PANDEMIC PLAN, ARE

WE ASKING THEM TO COME UP WITH A PLAN TO TAKE IN COVID POSITIVES, OR

ARE WE ASKING THEM TO COME UP WITH A PLAN TO KEEP INFECTIOUS DISEASES

OUT OF NURSING HOMES?

MR. LENTOL: THAT'S EXACTLY -- YOU SAID IT EXACTLY

RIGHT. BETTER THAN I COULD HAVE SAID IT, RON. IT'S PROTECTING THEIR

HOMES, NOT SENDING THEM BACK SICK AND TO GET SICK.

MR. KIM: RIGHT. SO WE WANT TO KEEP THE INFECTIONS

OUT OF NURSING HOMES.

MR. LENTOL: EXACTLY.

MR. KIM: RIGHT. SO WHEN WE'RE READMITTING THE

PATIENTS, CAN WE THEN SAY IF WE -- IF SOMEONE IS COVID POSITIVE, IT'S

UP TO THE PLAN, THE PANDEMIC PLAN, TO KEEP THOSE PATIENTS OUT OR

TRANSFER THEM OR ISOLATE THEM SOMEWHERE SAFE. IS THAT -- IS THAT --

WOULD THAT BE PART OF THE EMERGENCY PANDEMIC PLAN?

MR. LENTOL: IT'S JUST LIKE YOU WOULD DO -- YOU

WOULD DO OF ANYONE ELSE WHO CONTRACTED THE VIRUS. YOU WANT TO

ISOLATE THEM UNTIL THEY'RE WELL AND THEN SEND THEM BACK WHEN THEY ARE

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WELL, AND MAKE SURE THAT THEY HAVE A PLACE TO GO. AND PREFERABLY TO

THE PLACE THAT THEY CAME FROM, AS LONG AS THAT PLACE IS NOT SICK WHEN --

WHEN THEY ATTEMPT TO GO BACK.

MR. KIM: OKAY. THANK YOU, MR. CHAIRMAN. ARE

THERE -- ARE THERE ANY PROVISIONS IN THIS BILL THAT FORBIDS NURSING HOMES

FROM SEEKING LEGAL IMMUNITY FOR THEIR CORPORATE EXECUTIVES IN THEIR

PANDEMIC EMERGENCY PLANS?

MR. LENTOL: NO. IT DOESN'T GO THAT FAR. BUT, YOU

KNOW, I WOULD CERTAINLY WELCOME A PLAN LIKE THAT INCLUDED IN

SOMETHING.

MR. KIM: THANK YOU.

ON THE BILL, MR. SPEAKER.

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

MR. KIM: YOU KNOW, I THANK THE SPONSOR, AND I'LL

SUPPORT THIS BILL IF IT REQUIRES NURSING HOMES TO SUBMIT EMERGENCY

PLANS DURING A PANDEMIC. AND AS THE SPEAKER HAS INDICATED OVER THE

LAST FEW DAYS, THIS IS JUST THE BEGINNING OF A SERIES OF SOLUTIONS WE WILL

BE PUSHING, AS WELL AS AN OVERSIGHT HEARING OF NURSING HOMES IN THE

VERY NEAR FUTURE.

MR. SPEAKER, ON MARCH 25TH THE GOVERNOR ISSUED AN

EXECUTIVE ORDER THAT REQUIRED NURSING HOMES TO TAKE IN

COVID-POSITIVE PATIENTS. TWO MONTHS LATER, AFTER RECOGNIZING THIS

DEADLY MISTAKE, THE GOVERNOR REVERSED THAT ORDER. BUT I THINK MANY OF

US, INCLUDING NURSING HOME FACILITIES, STILL REMAIN VERY CONFUSED. ARE

NURSING HOMES HOSPITALS? DO RESIDENTS HAVE RIGHTS? YOU KNOW, WHAT

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NYS ASSEMBLY MAY 27, 2020

HAPPENED TO ALL OF OUR RESIDENTIAL MEDICAL RECORDS FOR THE LAST TWO

MONTHS? DURING EMERGENCIES, YOU KNOW, WE NEED A PLAN THAT

STRENGTHENS THE NURSING HOME RESIDENTS' BILL OF RIGHTS, AND WE NEED A

PLAN TO PROTECT OUR WORKERS IN THESE FACILITIES. YOU KNOW, WE HAVE A

NUMBER OF OTHER BILLS THAT WILL ADDRESS THESE QUESTIONS AND MORE, AND I

LOOK FORWARD TO WORKING WITH MY COLLEAGUES IN SAVING NURSING HOME

LIVES AND DELIVERING JUSTICE FOR NURSING HOME RESIDENTS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO BE

RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL VOTE NO. IF THERE ARE ANY REPUBLICAN MEMBERS THAT

WOULD LIKE TO VOTE YES, THEN I WOULD ENCOURAGE THEM TO IMMEDIATELY

CONTACT THE MINORITY LEADER'S OFFICE WITH THEIR POSITION. BUT UNTIL THE

LANGUAGE IS CLARIFIED, MANY OF MY MEMBERS WILL CERTAINLY HAVE

CONCERNS WITH THIS.

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NYS ASSEMBLY MAY 27, 2020

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO COMMEND THE SPONSOR OF THIS LEGISLATION, BOTH FOR

HIS COMPASSION AND HIS METHOD OF DESCRIBING THE BILL. AND SECONDLY,

FOR HIS THOUGHT PROCESS OF NOT WANTING TO POINT FINGERS HERE, BUT JUST TRY

TO COME UP WITH SOME SOLUTIONS. I SUBMIT TO YOU, MR. SPEAKER, AND TO

THE SPONSOR, THAT WE ACTUALLY HAD SOLUTIONS IN THE PAST THAT WERE SET UP

TO BE SOLVED ON A NATIONAL BASIS. AN OFFICE OF PANDEMIC PREPAREDNESS

IN 2014. WE DON'T HAVE THAT ANY LONGER. NOW, THAT'S NO EXCUSE FOR

HOW WE DID IN NEW YORK STATE OR DID NOT DEAL WITH THIS CRISIS. THERE'S

NO EXCUSE FOR HOW ANY OTHER STATE DEALT WITH IT. BUT THE REALITY IS, IS

THIS PANDEMIC IS NOT ONLY GLOBAL, BUT IT'S A NATIONAL PROBLEM AND IT

NEEDS NATIONAL ATTENTION. SO UNTIL IT GETS NATIONAL ATTENTION, I HAVE TO

HONOR MR. LENTOL'S BILL THAT SAID THAT WE NEED TO DO SOMETHING IN NEW

YORK TO MAKE SURE THAT ANY OTHER PANDEMIC THAT COMES BEFORE US THAT

WE HAVE A PLAN FOR IT. AND I DON'T THINK THAT WE SHOULD STOP

NECESSARILY AT NURSING HOMES AND HEALTHCARE FACILITIES. I THINK WE NEED

A PLAN FOR K-12. WE NEED A PLAN FOR HIGHER ED. WE NEED A PLAN FOR

HOSPITALS. WE NEED A PLAN FOR HOTELS. WE NEED A PLAN FOR

MUNICIPALITIES, FOR VILLAGES. EVERYBODY NEEDS TO UNDERSTAND WHAT IS

OUR ROLE WHEN IT COMES TO A PANDEMIC LIKE THE ONE WE'RE EXPERIENCING

RIGHT NOW.

SO WITH THAT, I WANT TO COMMEND MR. LENTOL AGAIN

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NYS ASSEMBLY MAY 27, 2020

AND SAY THAT THIS IS A PARTY VOTE IN THE AFFIRMATIVE. AND MEMBERS ARE

PERFECTLY WELCOME TO VOTE NEGATIVE, BUT THEY WOULD HAVE TO GIVE US A

CALL TO LET US KNOW THAT AND/OR ARRIVE IN THE CHAMBERS AND CAST THAT

VOTE.

AGAIN, THIS IS A PARTY VOTE IN THE AFFIRMATIVE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. BYRNE TO EXPLAIN

HIS VOTE.

MR. BYRNE: YES, THANK YOU, MR. SPEAKER. I RISE TO

ACTUALLY VOTE IN FAVOR OF THIS BILL. I -- I JUST WANTED TO MAKE A

COMMENT BECAUSE I KNOW LIKE MANY OF MY COLLEAGUES, WE ALL GOT

INUNDATED WITH CALLS AT THE PEAK OF THIS VIRUS, THIS PANDEMIC, IN EARLY

MID-APRIL WHEN FAMILIES WERE CALLING US, TRYING TO JUST CONNECT WITH

THEIR LOVED ONES WHO WERE IN THESE NURSING FACILITIES. AND I WANT TO

POINT OUT THAT THIS BILL NOT ONLY DEVELOPS A PANDEMIC PLAN, BUT ALSO

METHODOLOGIES TO COMMUNICATE WITH LOVED ONES, WHICH I THINK IS A

VERY IMPORTANT POINT. WE LIVE IN THE 21ST CENTURY. I DON'T THINK

THERE'S ANY EXCUSE FOR PEOPLE NOT TO BE ABLE TO CONNECT WITH A LOVED

ONE, EVEN IF FOR SOCIAL DISTANCING AND WERE NOT ABLE TO GO IN PERSON. I

THINK THAT'S JUST A PRACTICAL THING THAT WE CAN ADDRESS. AND I KNOW MY

COLLEAGUES RAISED SOME IMPORTANT CONCERNS ABOUT THE LANGUAGE AT THE

-- THE LATTER PORTION OF THE FIRST PAGE. AND I KNOW WE'VE ALL READ

REPORTS IN THE NEWSPAPERS ABOUT THE MARCH 25TH ORDER FROM THE DOH

AND HOW CONTROVERSIAL IT IS, AND I'M SURE IT'S GOING TO BE EVALUATED

MANY TIMES OVER AND WE'LL BE HEARING ABOUT IT FOR A LOT LONG -- A MUCH

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NYS ASSEMBLY MAY 27, 2020

LONGER PERIOD OF TIME. BUT I DON'T THINK IT'S NECESSARILY HARMFUL TO SAY

THAT SOMEONE CAN BE READMITTED AFTER TREATMENT. TREATMENT DOESN'T

NECESSARILY MEAN SOMEONE IS POSITIVE WITH THE VIRUS STILL WHEN THEY

COME BACK TO A FACILITY, SO I -- I DON'T NECESSARILY INTERPRET IT THE SAME

WAY. BUT I DO THINK IT'S A LEGITIMATE CONCERN AND PERHAPS THAT ONE

THING CAN BE REMEDIED WITH A CHAPTER AMENDMENT.

BUT ALL THE SAME, I -- I WANT TO THANK THE SPONSOR OF

THIS BILL AND I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: CERTAINLY. MR.

BYRNE, WE UNDERSTAND THAT THE STORK HAS VISITED YOU RECENTLY WHICH

MEANS YOU HAVE A NEW ADDITION IN THE FAMILY. WE ALL WISH YOU WELL.

HOPE THAT THE MOTHER AND CHILD ARE IN GREAT SHAPE AND THAT YOU'RE

HOME TAKING CARE AND MAKING SURE THAT YOU DON'T GET ANY SLEEP. THANK

YOU SO VERY MUCH, AND CONGRATULATIONS.

MR. KIM TO EXPLAIN HIS VOTE.

MR. KIM: THANK YOU, MR. SPEAKER, FOR ALLOWING ME

TO EXPLAIN MY VOTE. YOU KNOW, RECENTLY NEW YORK CITY CAME OUT

WITH THE DATA THAT ONE OF MY ZIP CODES IN QUEENS AND FLUSHING HAD THE

MOST NUMBER OF FATALITIES. AND WHEN WE LOOKED AT THE NUMBERS

CLOSER, WE REALIZED ALMOST 40 PERCENT OF THOSE FATALITIES CAME FROM

NURSING HOMES. IN THE MIDDLE OF MARCH, AND -- AND -- I MEAN, THE

MIDDLE OF APRIL, YOU KNOW, I SPENT COUNTLESS HOURS, JUST LIKE MY

COLLEAGUES, TRYING TO GET TO THE BOTTOM OF WHAT'S GOING ON IN MY

NURSING HOMES. TRYING TO, YOU KNOW, FIND A WAY TO COMMUNICATE FOR

MY FAMILIES TO GET IN TOUCH WITH THEIR LOVED ONES WHO WERE EXPOSED TO

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NYS ASSEMBLY MAY 27, 2020

COVID-19. AND DURING THAT TIME WHILE I WAS BUSY HELPING OTHERS, MY

-- ONE OF MY UNCLES ACTUALLY PASSED AWAY IN A NURSING HOME IN

FLUSHING. SO THIS ISSUE IS DEEPLY PERSONAL AND TRAUMATIC FOR ME AND

MY FAMILY. AND I JUST WANT TO SPEND A MINUTE JUST TO TALK ABOUT MY

UNCLE BECAUSE THIS IS PROBABLY ONE -- ONE OF THE ONLY WAYS I CAN

PROPERLY HONOR HIM THROUGH THIS ZOOM CALL. YOU KNOW, MY UNCLE WAS

A FORMER U.S. ARMY CAPTAIN, ONE OF THE FIRST KOREAN-AMERICAN

DENTISTS. BUT, YOU KNOW, MORE IMPORTANTLY, YOU KNOW, HE SPONSORED

MY IMMIGRATION STAT -- IMMIGRATION PAPERWORK TO BRING MY FAMILY INTO

THIS COUNTRY WHEN I WAS A YOUNG SEVEN-YEAR-OLD BOY. AND AT THE TIME

HE ALSO HAPPENED TO BE THE ONLY KOREAN-AMERICAN REPUBLICAN IN

FLUSHING AND A BIG FAN OF RONALD REAGAN. SO HE DECIDED TO GIVE ME

MY NAME WHEN I CAME HERE AND NAME ME AFTER RONALD. I TELL PEOPLE

I'M NAMED AFTER RON DARLING, YOU KNOW, BUT I'M TELLING YOU GUYS THE

TRUTH IN OPEN MEDIA THAT I'M ACTUALLY NAMED BY RONALD REAGAN. I

SPENT THE LAST 40 YEARS TRYING TO UNDUE SOME OF THE BAD POLICIES THAT

HE'S DONE TO OUR NATION. BUT JOKING ASIDE, THIS IS NOT GOING TO END

BECAUSE THE OPPORTUNITY TO FIGHT FOR PEOPLE LIKE MY UNCLE AND OTHERS

WHO LOST THEIR LIVES DURING THIS CRISIS.

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

ACTING SPEAKER AUBRY: CERTAINLY, RON. AND

OUR CONDOLENCES TO YOU AND THE FAMILY FOR YOUR LOSS. REST IN PEACE.

MS. MELISSA MILLER.

MS. MILLER: YES, HI. I WANT TO THANK THE SPONSOR,

ALSO. I THINK THIS -- I DID NOT INTERPRET IT THE WAY MR. GOODELL DID. I

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THINK WITH A GOOD PLAN, PREPAREDNESS PLAN, THE READMISSION WOULD BE

SOMETHING -- ESPECIALLY AFTER WHAT HAS HAPPENED WITH THIS PANDEMIC I

THINK THAT THAT WOULD BE GONE OVER EXTRAORDINARILY CAREFULLY, AT LEAST I

WOULD HOPE SO. AND I THINK THIS IS JUST SMART POLITICS RIGHT HERE TO

MAKE SURE THAT WE ALL HAVE A PREPAREDNESS PLAN.

SO, THANK YOU. I AM VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. MILLER IN THE

AFFIRMATIVE.

MR. SALKA TO EXPLAIN HIS VOTE.

MR. SALKA: THANK YOU, MR. SPEAKER. AND I WANT

TO COMMEND THE SPONSOR ON THIS VERY IMPORTANT PIECE OF LEGISLATION.

OVER THE YEARS IN MY EMPLOY AS A MEDICAL PROFESSIONAL I HAD AN

OPPORTUNITY TO WORK AROUND A LOT OF SKILLED NURSING FACILITIES AND

NURSING HOMES. AND THE POSITIVE SPIN ON THIS HORRIBLE PANDEMIC THAT

WE'RE SEEING NOW IS THAT WE WILL FINALLY START TO ADDRESS SOME OF THE

CHRONIC PROBLEMS THAT WE'VE SEEN IN NURSING HOMES, LIKE LOW STAFFING

AND THE ABILITY TO BE ABLE TO PROVIDE THE CARE THAT THEY'RE -- THEY'RE

COMMITTED TO -- TO GIVE. AND I WOULD JUST WANT TO MAKE SURE, THOUGH,

THAT WE DO HOLD THE GOVERNOR ACCOUNTABLE FOR HIS DIRECTIVES AND HIS

EXECUTIVE ORDER THAT BROUGHT A LOT OF THIS ABOUT. BUT THE BOTTOM LINE

IS, AGAIN, THANK YOU TO THE SPONSOR. I'M LOOKING FORWARD TO WORKING

WITH HIM AND GIVING HIM SOME PERSPECTIVE ON WHAT MY YEARS OF

DEALING IN HEALTH HAVE GIVEN ME, AND I THANK HIM FOR THAT.

AND WITH THAT, I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SALKA IN THE

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NYS ASSEMBLY MAY 27, 2020

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I'D JUST LIKE

TO EXPLAIN MY VOTE, AND I WANT TO COMMEND THE SPONSOR FOR THIS BILL

WHICH IS CONSTRUCTIVE AND POSITIVE AND FORWARD-THINKING. I, TOO, HAVE

NURSING HOMES IN MY DISTRICT, ONE OF WHICH IS THE -- IN EVERY PICTURE OF

NURSING HOMES WHERE THERE HAD BEEN A LOT OF COVID DEATHS. AND IT'S

ACTUALLY AN EXCELLENT FACILITY, BUT IT GOT CAUGHT UP IN NOT HAVING THE --

THE RIGHT AMOUNT -- ENOUGH -- STAFF PEOPLE GOT SICK. THEY DIDN'T HAVE

ENOUGH PPE, AND THEY HAD TO TAKE PEOPLE BACK INTO THE NURSING HOME.

AND SO I THINK IT'S VERY IMPORTANT THAT WE RECOGNIZE THINGS THAT

HAPPENED BEFORE THAT DIDN'T GO WELL, AND PLAN FOR THE FUTURE KNOWING

MORE, AND REALLY FOCUSING ON WHAT IT IS WE NEED TO DO TO KEEP THE

PEOPLE THAT WE HAVE IN OUR -- IN OUR NURSING HOMES SAFE AND PROTECT

EVERYBODY. AND I WANT TO ALSO SHARE MY CONDOLENCES WITH MR. KIM AS

WELL.

YOU KNOW, IT'S VERY UNFORTUNATE THAT WE HAVE LOST SO

MANY PEOPLE TO THIS DISEASE, AND WE HOPE THAT, NUMBER ONE, IT NEVER

HAPPENS AGAIN; AND NUMBER TWO, IF WE HAVE SOME OTHER PANDEMIC THAT

COMES AROUND THE PIPE, WE NEED TO KNOW HOW TO PLAN FOR IT. AND THIS

WILL ALL BE A VERY CONSTRUCTIVE THING FOR US TO HAVE DONE. SO I VOTE IN

THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GRIFFIN TO

EXPLAIN HER VOTE.

MS. GRIFFIN: THANK YOU FOR THE OPPORTUNITY TO

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NYS ASSEMBLY MAY 27, 2020

EXPLAIN MY VOTE. I, TOO, HAVE MANY NURSING HOMES AND ASSISTED LIVING

IN MY DISTRICT, AND I KNOW HOW VERY HARD THEY WORKED FOR THEIR

RESIDENTS. I WAS IN TOUCH WITH MANY -- ALMOST ALL THE NURSING HOMES

THROUGHOUT THIS PANDEMIC AND STILL AM, AND I REALLY COMMEND THE

SPONSOR, ASSEMBLYMEMBER LENTOL, BECAUSE I THINK THIS IS A SMART BILL.

IT MAKES SENSE FOR EVERY NURSING HOME TO HAVE A PANDEMIC PLAN AND TO

HAVE THE ASSISTANCE OF THE NEW YORK STATE DEPARTMENT OF HEALTH, AND

JUST TO BE ABLE TO BE IN A POSITION TO BE PROACTIVE AND TAKE CARE OF

THINGS BEFORE THEY GET TO BE A REALLY STRICT, SAD PROBLEM. MY

CONDOLENCES TO ASSEMBLYMEMBER KIM AND HIS FAMILY, AND MY

CONDOLENCES TO ANYONE THAT HAS LOST SOMEONE.

THANK YOU VERY MUCH. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE.

MR. BARRON.

MR. BARRON: THANK YOU. I ALSO WANT TO EXPRESS

MY CONDOLENCES TO ASSEMBLYMEMBER KIM AND HIS FAMILY. BUT

PREPAREDNESS IS WHAT REALLY HURT THIS NATION. IT REALLY HURT THE CITY, IT

HURT THIS STATE, THE LACK OF PREPAREDNESS. AND PARTICULARLY IN THE

NURSING HOMES. THE GOVERNOR IS BEING PARADED ACROSS THE NATION AS

SOME GREAT RESPONDER TO THIS PANDEMIC WHEN, IN FACT, HE WAS FORCING

NURSING HOMES TO TAKE THOSE WHO WERE ALREADY AFFECTED BY THE

CORONAVIRUS WHICH WAS THE WORST THING THAT COULD HAVE HAPPENED IN

ANY STATE AND IN ANY CITY. ALSO, PREPAREDNESS MEANS THAT WE SHOULD

STOCKPILE STUFF. STOCKPILE PPE. STOCKPILE VENTILATORS THAT WILL BE

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GEARED TOWARD NURSING HOMES AND OTHER ENVIRONMENTS AND OTHER

POPULATION. SENIORS WERE HURT BADLY. SO HAD WE PRIORITIZED SENIORS

AND NURSING HOMES AND PRIORITIZED BLACK AND BROWN COMMUNITIES AND

PREPARED THESE COMMUNITIES BETTER, WE WOULD HAVE BEEN IN FAR BETTER

SHAPE. AND NO, WHAT THIS STATE DID WAS PUT A -- A 1,000-BED SHIP IN THE

WHITE COMMUNITY AND USED ONLY 200 OF THE BEDS. THIS STATE DECIDED

THAT THEY'LL TAKE THE JAVITZ CENTER IN THE WHITE COMMUNITY AND FIX THAT

UP FOR A HOSPITAL AND NO THINGS LIKE THIS HAPPENED IN BLACK AND BROWN

COMMUNITIES WHERE THE RATE OF EVERYTHING WAS HIGHER. SO

PREPAREDNESS MEANS STOCKPILING. HAVING STUFF READY. THIS PRESIDENT

DISMANTLED THE -- THE PANDEMIC CRISES AGENCY THAT BARACK OBAMA SET

UP. SO, WE HAVE TO BE PREPARED. AND PREPAREDNESS MEANS STOCKPILING

EQUIPMENT SO IF AND WHEN THIS HITS AGAIN, MAYBE RIGHT IN THE FALL, THAT

THEY'LL BE STOCKPILED. VENTILATORS, PPES, SANITIZERS, TO GET TO THE RIGHT

COMMUNITIES AND POPULATION.

I SUPPORT THIS BILL.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MR. DIPIETRO.

MR. DIPIETRO: MR. SPEAKER, CAN YOU HEAR ME

NOW?

ACTING SPEAKER AUBRY: YES, SIR.

MR. DIPIETRO: OKAY. I WANT TO ALSO SAY I

APOLOGIZE. AND MR. KIM, MY CONDOLENCES. I'M IN THE SAME BOAT YOU

ARE. I LIVE FIVE BLOCKS FROM GROUND ZERO IN ERIE COUNTY, WHICH IS ALL

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NYS ASSEMBLY MAY 27, 2020

OF BUFFALO, NEW YORK. AND THE NURSING HOME IN MY LITTLE VILLAGE HAS

OVER 50 DEATHS AND 190 COVID CASES BECAUSE OF WHAT THE GOVERNOR

DID. WE HAVE BEEN INUNDATED. I LIVE THIS EVERY DAY. SO I HOPE THIS

ISN'T APOLOGETICS FOR THE GOVERNOR. AND ONE OTHER THING I WANTED TO

SAY ON THIS BILL, LIKE A LOT OF THEM IN MY EIGHT YEARS, I ALWAYS HEAR,

WELL, IF WE COULD JUST CHANGE THAT LANGUAGE A LITTLE BIT, OKAY? IT NEVER

HAPPENS. DOZENS OF TIMES I'VE HEARD, WELL -- WE'VE ALWAYS SAID, WE'LL

JUST CHANGE IT A LITTLE BIT TO MAKE IT A LITTLE BIT BETTER. IT NEVER HAPPENS.

AND I'M -- I'M SORRY TO SAY THAT, BECAUSE THIS DOES SAY WHAT MR.

GOODELL SAYS IT'S GOING TO DO. SO I AM GOING TO BE VOTING NO AND I URGE

ALL MY COLLEAGUES TO VOTE NO ON THIS. IT CAN BE DONE A LOT BETTER AND A

LOT WHERE WE CAN GET BIPARTISAN SUPPORT 100 PERCENT, BUT YOU KNOW, I

ALWAYS GET THE FEELING THAT SOMETIMES OUR COLLEAGUES DON'T CARE IF IT'S

BIPARTISAN.

SO WITH THAT, I'M GOING TO VOTE IN THE NEGATIVE AND I

HOPE EVERYONE ELSE DOES, ALSO.

ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE

NEGATIVE.

MS. FAHY.

MS. FAHY: YES, THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK. I JUST WANT TO ADD MY THANKS AS WELL TO THE

SPONSOR OF THIS BILL, AND I WANT TO ADD MY CONDOLENCES TO RON KIM.

AND I WANT TO SAY THAT PROBABLY IN THE LAST TWO MONTHS THIS ISSUE WITH

REGARD TO NURSING HOMES HAS PROBABLY BEEN THE MOST STRESSFUL ISSUE IN

MY ASSEMBLY DISTRICT AS WELL. I REPRESENT NUMEROUS NURSING HOMES,

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MANY OF WHICH HAD VERY, VERY SERIOUS PROBLEMS. DOZENS OF DEATHS AND

DOZENS AND DOZENS MORE OF THOSE WHO TESTED POSITIVE. SO, THE -- THE

LACK OF PREPAREDNESS, THE LACK OF PPE WHICH I KNOW WE EXPERIENCED

THROUGHOUT THIS COUNTRY, LET ALONE THROUGHOUT THE WORLD, WE ARE STILL

LEARNING THE LESSONS. WE STILL HAVE MANY MORE LESSONS TO LEARN. AND

I, TOO, SHARE THE CONCERN WITH THE -- THE EXECUTIVE ORDERS AS WELL. AND

I STILL SHARE SOME CONCERNS WITH THE CURRENT EXECUTIVE ORDER ABOUT

TESTING TWICE. BUT I ALSO WANT TO GIVE A -- I WANT TO USE THIS TIME TO

GIVE A -- A QUICK SHOUT-OUT TO THE ATTORNEY GENERAL. TISH JAMES AND

HER OFFICE HAS BEEN EXTRAORDINARILY RESPONSIVE. WHEN WE COULDN'T GET

ATTENTION TO SOME OF THE ISSUES HERE IN THE 109TH DISTRICT IN ALBANY, WE

DID TURN TO HER OFFICE TO ASK HER TO PLEASE STEP IN AND INVESTIGATE AND

MAKE SURE THAT WE HAD SOME INDEPENDENT OVERSIGHT THERE WITH REGARD

TO THE NURSING HOMES, AND REALLY COMMEND HER FOR THE WORK, COMMEND

HER FOR THE INVESTIGATIONS, AND AGAIN, LOOK FORWARD TO DOING MORE.

SO AGAIN, I THANK THE SPONSOR AND I LOOK FORWARD TO

LEARNING THE LESSONS AND MAKING SURE THAT THIS NEVER HAPPENS AGAIN.

THANK YOU, MR. SPEAKER, FOR THE TIME. AND WITH THAT, I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: AFFIRMATIVE VOTE.

MS. WRIGHT. ASSEMBLYMEMBER WRIGHT.

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

OPPORTUNITY TO SPEAK ON THIS BILL. MY CONDOLENCES TO RON KIM AND TO

ALL THE FAMILIES THAT HAVE LOST LOVED ONES DURING THIS PERIOD. THE

NURSING HOME CRISIS WAS A STRUGGLE FOR ALL OF US. HOWEVER, I DO THINK I

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WELCOME THIS OPPORTUNITY FOR US TO ALL TAKE A MOMENT AND PAUSE AND TO

SAY THAT WE WANT TO INVEST IN PREPAREDNESS. PREPAREDNESS IN OUR

NURSING HOMES WILL ALLOW THEM TO FULLY INTEGRATE INTO THE HEALTHCARE

SYSTEM. VERY OFTEN OUR NURSING HOMES ARE LEFT STRANDED, ISOLATED,

TRYING TO OPERATE INDEPENDENTLY. AND IN CRISIS SITUATIONS I THINK THAT

IT'S BECOME APPARENT TO ALL OF US THAT WE NEED TO HAVE THEM INTEGRATED

AND NETWORKED INTO THE FULL HEALTHCARE SYSTEM SO THAT THEY CAN BENEFIT

FROM SUPPLY CHAINS AS WELL AS INFORMATION DISTRIBUTION. IT WAS

HORRIFYING TO WATCH THEM -- WATCH OUR NURSING HOMES AS THEY WERE

FORCED TO NAVIGATE THESE DECISIONS AND THESE -- THIS CRISIS BY

THEMSELVES. AND I THINK THAT THIS PERIOD EXPOSED EVERY SHORTCOMING

THAT WE HAD WITHIN THE SYSTEM. HOWEVER, TODAY'S BILL IS A STEP IN THE

RIGHT DIRECTION. IT'S GOING TO ALLOW US TO INVEST IN PREPAREDNESS. TO

INVEST IN SYSTEMS AND TO HELP BUILD THE SUPPORTS NECESSARY TO MAKE

SURE THAT OUR NURSING HOMES ARE THRIVING INSTITUTIONS THAT REALLY DO

BENEFIT ALL OF US AND ARE PART OF -- AN INTEGRAL PART AND A SUPPORTED PART

OF OUR HEALTHCARE SYSTEM.

SO WITH THAT, I VOTE IN THE AFFIRMATIVE AND THANK YOU

VERY MUCH FOR THIS OPPORTUNITY.

ACTING SPEAKER AUBRY: MS. WRIGHT IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: ACTUALLY, SIR, I'M DOING DOUBLE

DUTY. I'M GOING TO EXPLAIN MY VOTE AND THEN LIST ALL OF MY COLLEAGUES

WHO DISAGREE WITH ME.

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NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: RUMOR WAS YOU WERE

GOING TO DO THAT, AND SO I'M GLAD YOU CONFIRMED THE RUMOR.

MR. GOODELL: IT WILL ONLY TAKE ONE MINUTE TO

EXPLAIN MY VOTE; IT MAY TAKE LONGER TO LIST MY COLLEAGUES. I THINK

EVERY ONE OF THE REPUBLICANS AND DEMOCRATS ARE 100 PERCENT BEHIND

MR. LENTOL'S OBJECTIVE OF ENSURING THAT WE HAVE ADEQUATE AND

APPROPRIATE EMERGENCY PREPAREDNESS PLANS IN THE FUTURE. WE'RE ON

BOARD. WE ALL AGREE. THAT'S NOT WHERE THE ISSUE IS. THE ISSUE IS THE

LANGUAGE OF THE BILL. BECAUSE THE LANGUAGE OF THE BILL DOESN'T TALK

ABOUT INCLUDING IN THE PLAN NOT ALLOWING SOMEONE BACK. THE LANGUAGE

IS THE OPPOSITE. IT SAYS, A PLAN FOR READMITTING PATIENTS. SO THOSE WHO

SUPPORT THE CONCEPT ARE GOING TO VOTE YES. THOSE OF US WHO ARE,

PERHAPS, MORE PARTICULAR ABOUT THE LANGUAGE, AS MR. DIPIETRO

MENTIONED, WOULD PREFER THAT THE LANGUAGE MORE ACCURATELY REFLECTED

OUR UNANIMOUS SUPPORT OF THE CONCEPT. AND AS I MENTIONED, I WOULD

LOOK FORWARD TO WORKING WITH MR. LENTOL AND ANYONE ELSE THAT HAD

LANGUAGE THAT I THINK MORE ADEQUATELY REFLECTS OUR CONCERNS.

SUPPORTING THE CONCEPT AND THE LANGUAGE AS EXPLAINED

BY MR. LENTOL ARE THE FOLLOWING REPUBLICANS WHO ARE VOTING YES: MR.

GARBARINO, MR. ASHBY, MR. BLANKENBUSH, MS. BYRNE [SIC], MR. BYRNE,

MR. DESTEFANO, MR. LIPETRI, MS. MALLIOTAKIS, MR. MANKTELOW, MS.

MILLER, MR. MONTESANO, MR. MORINELLO, MR. NORRIS, MR. PALUMBO, MR.

SCHMITT, MR. SMITH, MR. WALCZYK, MR. GIGLIO, MR. SALKA, MR. HAWLEY,

MR. SMULLEN, MR. MILLER, MR. FITZPATRICK, MR. STEC AND MR. REILLY.

ALSO, MR. CROUCH AND MR. PALMESANO.

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ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL: THANK YOU, SIR.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 5, CALENDAR NO. 38.

THE CLERK: SENATE NO. S08416, SENATOR METZGER

(A10404-A, RULES REPORT NO. 38, L. ROSENTHAL, WRIGHT, GLICK,

BUTTENSCHON, OTIS, BICHOTTE, ORTIZ, DINOWITZ, DENDEKKER, BLAKE). AN

ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INCLUDING

AUDIO-ONLY AND VIDEO-ONLY TELEHEALTH AND TELEMEDICINE SERVICES IN

THOSE TELEHEALTH AND TELEMEDICINE SERVICES ELIGIBLE FOR REIMBURSEMENT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: OKAY. THIS BILL WOULD EXPAND

THE DEFINITION OF TELEHEALTH SERVICES TO ALLOW FOR AUDIO-ONLY OR

VIDEO-ONLY COMMUNICATION, AND TO ALLOW FOR SUCH SERVICES TO BE

ELIGIBLE FOR REIMBURSEMENT.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU. WOULD THE SPONSOR YIELD

FOR SOME QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

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NYS ASSEMBLY MAY 27, 2020

ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.

MS. WALSH: THANK YOU SO MUCH. SO, CAN YOU -- SO

I UNDERSTAND THE CONCEPT OF AN AUDIO-ONLY CALL. THAT WOULD -- THAT

WOULD BE A PHONE CALL, RIGHT, MS. ROSENTHAL?

MS. ROSENTHAL: YES. YES.

MS. WALSH: YES. BUT WHAT WOULD A -- WHAT

VIDEO-ONLY BE? VIDEO-ONLY WOULD BE WITHOUT SOUND, OR WOULD --

WOULD IT BE WITH BOTH SOUND AND -- AND VIDEO?

MS. ROSENTHAL: WELL, IT COULD BE BOTH, BUT FOR

PEOPLE WHO ARE DEAF, YOU KNOW, THEY MIGHT JUST USE AUDIO -- VIDEO

WITHOUT AN AUDIO.

MS. WALSH: OH, GREAT.

MS. ROSENTHAL: AND BLIND PEOPLE -- BLIND

PEOPLE OR PEOPLE WITH SEEING DIFFICULTIES WOULD PROBABLY USE AUDIO

ONLY.

MS. WALSH: THAT'S TRUE. OKAY. SO WHAT KIND OF

INSURANCE COVERAGES WOULD ALLOW FOR THIS EXPANSION OF TELEHEALTH?

WOULD -- FOR EXAMPLE, WOULD MEDICAID AND CHILD HEALTH PLANS BE

ENCOMPASSED BY THIS BILL?

MS. ROSENTHAL: OKAY, FOR MEDICAID THIS IS

SUBJECT TO APPROVAL OF -- OF THE FEDERAL GOVERNMENT.

MS. WALSH: OKAY. SO THIS BILL WOULD NOT REACH

THAT, THEN, BECAUSE THAT WOULD REQUIRE FEDERAL APPROVAL? IS THAT

CORRECT?

MS. ROSENTHAL: YES. IT -- IT -- YOU KNOW, IT IS --

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IT IS ALLOWED NOW. THE HOPE IS THAT IT CONTINUES AFTER THE EMERGENCY.

MS. WALSH: OKAY. SO IN -- IN CHILD HEALTH PLUS IS

THE WAY I THINK OF IT, THAT'S ALSO -- THAT ALSO RECEIVES FEDERAL FUNDING,

SO IS THAT ALSO EXEMPTED FROM THIS BILL UNLESS IT'S APPROVED BY THE

FEDERAL GOVERNMENT?

MS. ROSENTHAL: YES. WELL, THE FEDERAL

GOVERNMENT HAS APPROVED THIS, BUT OUR COMMISSIONER WOULD HAVE TO

APPROVE THE MEDICAID REIMBURSEMENT AND THE CHILD HEALTH PLUS AS

WELL.

MS. WALSH: OKAY. NOW, YOU BROUGHT UP THE

COMMISSIONER OF HEALTH, SO THE QUESTION I HAVE IS, DOES THE

COMMISSIONER OF HEALTH CURRENTLY HAVE ANY GUIDANCE OR REGULATIONS

ABOUT THE TYPES OF MEDICAL MATTERS THAT COULD BE HANDLED THROUGH

TELEHEALTH?

MS. ROSENTHAL: LET ME SEE. YOU KNOW,

OBVIOUSLY, SURGERY ISN'T INVOLVED BUT THEY'RE STILL LOOKING INTO -- INTO

EVERYTHING IT COULD ENCOMPASS.

MS. WALSH: I'M SORRY, I DIDN'T QUITE UNDERSTAND

WHAT YOU SAID. I -- YOU KNOW --

MS. ROSENTHAL: IT'S SOMETHING -- OKAY, IT'S

SOMETHING THAT WOULD BE APPROVED ON A CASE-BY-CASE OR

SERVICE-BY-SERVICE BASIS, BUT AFTER THEY GET MORE INFORMATION. SO ONE

WOULD APPLY AND THEN YOU'D HAVE TO BE APPROVED BASED ON WHAT YOU

ARE REQUESTING COVERAGE FOR.

MS. WALSH: AND WHO WOULD BE THE INDIVIDUAL THAT

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WOULD BE APPLYING FOR THE COVERAGE? WOULD IT BE THE MEDICAL

PROVIDER WOULD BE ASKING THE INSURANCE CARRIER OR -- OR THE

COMMISSIONER OF HEALTH, FOR APPROVAL TO DO TELEHEALTH AT A CERTAIN -- A

PARTICULAR PATIENT'S SITUATION? IS THAT HOW THIS WOULD WORK?

MS. ROSENTHAL: I THINK IT WOULD WORK THE WAY

ANY INSURANCE WOULD WORK.

MS. WALSH: OKAY. SO -- WELL, I MEAN, SOMETIMES

IT'S THE PATIENT WHO MAKES A REQUEST TO THE INSURANCE CARRIER AND

SOMETIMES IT'S THE -- IT'S THE PROVIDER THAT'S LOOKING FOR PRE-APPROVAL FOR

A SERVICE. SO IT'S NOT COMPLETELY CLEAR TO ME WHO IS MAKING THE

REQUEST UNDER THIS BILL.

MS. ROSENTHAL: I MEAN, PROBABLY THE PROVIDER

WOULD ASK AND WAIT TO SEE IF IT WAS APPROVED BEFORE PROCEEDING.

MS. WALSH: OKAY. ALL RIGHT. THANK YOU VERY

MUCH, MS. ROSENTHAL.

MS. ROSENTHAL: SURE.

MS. WALSH: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO FIRST OF ALL, LET ME JUST SAY THAT I AM

A HUGE FAN OF TELEHEALTH, GENERALLY SPEAKING. I THINK THAT -- I JUST HAD A

TELEHEALTH PHYSICAL FOLLOW-UP APPOINTMENT WITH MY OWN DOCTOR LAST

WEEK. WORKED OUT GREAT, WAS NOT A PROBLEM AT ALL. THAT WAS A FAIRLY

ROUTINE, THANK GOD, VISIT SO IT WAS PRETTY EASY. I DO THINK, THOUGH -- I

HAVE SOME CONCERNS ABOUT DIFFERENT TYPES OF APPOINTMENTS THAT MIGHT

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NOT BE APPROPRIATE FOR THIS KIND OF TELEHEALTH. PARTICULARLY LIKE AN

AUDIO CALL, IF THAT'S WHAT THE REQUEST WOULD BE. IT WOULD SEEM TO ME --

AND I'M NOT A DOCTOR -- BUT IT WOULD SEEM TO ME TO NOT BE APPROPRIATE

FOR CERTAIN TYPES OF VISITS. IF, FOR EXAMPLE, IT WAS A DERMATOLOGIST, A

DERMATOLOGIST, I WOULD THINK, IN ORDER TO FIGURE OUT WHAT MIGHT BE

GOING ON WITH A PATIENT WOULD HAVE TO ACTUALLY VIEW THE AREA OF

CONCERN THAT THE PATIENT HAS. OR I KNOW THAT PEOPLE WHO HAVE

DIABETES, THE VERY FIRST THING THAT HAPPENS WHEN THEY GO TO SEE THEIR

DOCTOR IS THE DOCTOR ASKS TO SEE THEIR FEET BECAUSE IT'S REALLY IMPORTANT

THAT THEY SEE THE BOTTOMS OF THEIR FEET TO CHECK OUT AND EVALUATE THEIR

HEALTH. SO I'M CONCERNED ABOUT USING AUDIO VISITS. I DO THINK THAT AS

WE'VE GONE THROUGH THIS COVID CRISIS THAT IT'S -- THE -- THE OPPORTUNITY

TO DO TELEHEALTH HAS BEEN PROBABLY VERY REASSURING FOR SOME PEOPLE

THAT DID NOT WANT TO GO INTO A DOCTOR'S OFFICE AND POSSIBLY BE EXPOSED

TO THE VIRUS. SO I'M NOT AGAINST TELEHEALTH. BUT I DO THINK THAT THERE

ARE SOME VISITS THAT ARE NOT AS APPROPRIATE. AND I THINK, YOU KNOW, I --

I KNOW THE GOVERNOR HAS RECENTLY TALKED ABOUT REIMAGINING EDUCATION,

WHICH IS A TOPIC FOR A COMPLETELY ANOTHER DAY. BUT TO THE EXTENT THAT

THIS COULD BE PART OF REIMAGINING HEALTHCARE, I HAVE SOME CONCERNS

ABOUT IT.

SO THAT'S IT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MR. ASHBY.

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

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SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

MR. ASHBY: THANK YOU, MS. ROSENTHAL. I KNOW

THAT WE HAD A LITTLE BIT OF A DISCUSSION ON THIS DURING HEALTH

COMMITTEE, AND I'M CURIOUS AS TO -- IN THE JUSTIFICATION IT STATES THAT THE

PANDEMIC IS THE REASON OR THE RATIONALE FOR WHY WE'RE ASKING FOR

AUDIO-ONLY TELEHEALTH. BUT IF THAT'S THE CASE, WHY IS THERE NO SUNSET

CLAUSE ON THIS?

MS. ROSENTHAL: WELL, 34 STATES HAVE TELEHEALTH

PLANS AND IT IS CERTAINLY THE WAVE OF THE FUTURE. I THINK THIS STATE

WOULD HAVE GOTTEN AROUND TO -- TO DOING THIS, BUT CERTAIN PEOPLE WHO

HAVE NEEDED HEALTHCARE SERVICES DURING THIS COVID TIME AND DO NOT

HAVE ACCESS TO COMPUTERS AND ONLY PERHAPS HAVE A FLIP PHONE, HAVE

NEEDED TO SPEAK TO THEIR -- THEIR PROVIDER. AND SO IT -- IT -- AND IN

ADDITION, THE FEDERAL GOVERNMENT HAS PROVIDED A WAIVER BECAUSE OF

COVID-19 TO USE AUDIO-ONLY.

MR. ASHBY: I CAN CERTAINLY APPRECIATE THAT AND --

AND THE COMPASSION THAT YOU HAVE, THAT WE ALL HAVE FOR THOSE -- FOR

THOSE PEOPLE WHO MAY BE IN NEED OF THIS. AND IT BEING

WELL-DOCUMENTED, IF THAT WERE THE CASE THEN, WHY IS -- WHY ARE THERE

NOT PROVISIONS SPECIFICALLY OUTLINED FOR THOSE PEOPLE THAT ARE -- COULD

BE DIAGNOSED WITH LACKING IN TERMS -- IN TERMS OF VISION OR HEARING OR

-- OR THOSE SORT OF THINGS? WHY IS IT -- WAS IS IT BROADLY DONE?

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NYS ASSEMBLY MAY 27, 2020

MS. ROSENTHAL: YOU MEAN LIMITING WHO CAN USE

IT?

MR. ASHBY: CORRECT. YEAH, LIMITING -- LIMITING

WHO CAN USE IT, AND THEN ALSO LOOKING AT THE FEDERAL GUIDELINES FOR THIS.

THERE'S THREE CPT CODES TO USE AUDIO-ONLY TELEHEALTH, AND THE ONLY

DIFFERENCE BETWEEN THOSE THREE IS THE DURATION OF SERVICES. MEANING

THAT ANY PROCEDURE COULD BE -- COULD -- YOU KNOW, THEY COULD -- THEY

COULD ATTEMPT TO BILL FOR THIS. AND I UNDERSTAND THAT, YOU KNOW,

SOMETHING LIKE SURGERY WOULD CERTAINLY NOT FALL INTO THAT CATEGORY AND

BE RIGHTFULLY STRUCK FROM BEING ABLE TO BE BILLED. BUT OTHER THINGS MAY

NOT BE. AND I -- I KNOW THAT MY COLLEAGUE EARLIER HAD ALLUDED TO

SCHOOL-BASED -- SCHOOL-BASED SERVICES, AND I'VE HEARD FROM A NUMBER

OF OTS, PTS, SPEECH THERAPISTS OUT THERE HAVING TO CONDUCT AND -- AND

-- AND HAVE BEEN ASKED TO PERFORM CERTAIN SERVICES LIKE PATIENT/FAMILY

EDUCATION AND JOINT MOBILIZATIONS AND INSTRUCTING RANGE OF MOTION ON

PATIENTS VIA -- VIA TELEHEALTH WITH AUDIO AND VISUAL, AND THEY DON'T FEEL

COMFORTABLE DOING THAT. AND THERE'S REALLY NO PROVISIONS IN HERE THAT

WOULD RESTRICT THAT FROM HAPPENING. SO I'M -- I'M JUST CURIOUS AS TO

WHY WE ARE NOT ASKING OR INCLUDING MORE -- MORE REGULATION ON THIS.

MS. ROSENTHAL: WELL, WE LEAVE THAT UP TO THE

DEPARTMENT OF HEALTH. I'M NOT A DOCTOR. MOST OF US ARE NOT HEALTHCARE

PROVIDERS. AND SO IT -- IT WOULD NOT BE APPROPRIATE FOR US TO EITHER

INCLUDE OR EXCLUDE SERVICES THAT PEOPLE NEED. BUT FOR EXAMPLE, GOING

TO A DERMATOLOGIST. I'M ASSUMING THAT THAT IS NOT A SERVICE THE

DEPARTMENT OF HEALTH WOULD AUTHORIZE BECAUSE YOU HAVE TO SEE THE

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NYS ASSEMBLY MAY 27, 2020

PROBLEM THAT THE PERSON IS EXPERIENCING. SO WE HAVE TO GIVE A LITTLE

LEEWAY TO THE DEPARTMENT OF HEALTH. IN ADDITION, WE HAVE TO GIVE A

LITTLE CREDIT TO THE HEALTHCARE PROVIDER THAT THEY ARE NOT GOING TO REQUEST

REIMBURSEMENT FOR SOMETHING THAT IS, YOU KNOW, MORE OR LESS

IMPOSSIBLE TO DO OVER THE PHONE. BUT PEOPLE ARE NOT IN -- KIDS ARE NOT

IN SCHOOL, SO SOME OF THEIR OT, PT OR EVEN PSYCHOLOGY OR SOCIAL WORK

NEEDS CAN BE MET OVER THE PHONE. AND SO WE WANT TO PROVIDE ENOUGH

FLEXIBILITY, BUT IT'S ULTIMATELY THE DEPARTMENT OF HEALTH THAT WILL WRITE

THE REGULATIONS ON THIS.

MR. ASHBY: I AGREE. AND WHEN -- AND WHEN YOU

SAY "PHONE," DO YOU MEAN AUDIO-ONLY OR AUDIO AND VISUAL?

MS. ROSENTHAL: NO, PHONE I MEAN AUDIO.

MR. ASHBY: OKAY. AND SO DO YOU ANTICIPATE THE

DEPARTMENT OF HEALTH MAYBE WEIGHING IN ON THIS AND MAYBE ADDING

MORE GUIDANCE?

MS. ROSENTHAL: ABSOLUTELY. BECAUSE AS I SAID

EARLIER AND AS WE'VE SEEN, MORE AND MORE PEOPLE AS A RESULT OF THIS

COVID-19 CRISIS ARE GOING TO OPT TO WORK FROM HOME, FOR EXAMPLE.

THERE'S GOING TO BE A WHOLESALE CHANGE IN HOW SOCIETY FUNCTIONS, AND

WE HAVE TO BE PREPARED FOR THAT. TELEHEALTH WAS ALREADY ON ITS WAY TO

BECOMING MORE DOMINANT, AND I THINK THIS IS JUST PUSHING IT ALONG.

MR. ASHBY: AND I -- I AGREE. BUT IT -- THAT

CONCERNS ME, TOO. WHEN WE MAY NOT BE ABLE TO RETURN TO HAVING

SERVICES PROVIDED PERSON-TO-PERSON, I FEEL THAT WE MAY BE PERMANENTLY

REDUCING THE STANDARD OF CARE FOR -- FOR OUR MOST VULNERABLE. AND I

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KNOW WE'VE ALREADY HAD SOME OF THESE CONVERSATIONS REGARDING OUR

ELDERLY POPULATION, KIND OF BRINGING ME AROUND TO MY NEXT QUESTION.

SO, WOULD A PHYSICIAN BE ABLE TO CALL INTO A NURSING HOME AND CONDUCT

AUDIO-ONLY CONSULTS FOR PATIENT?

MS. ROSENTHAL: AGAIN, IT'S UP TO THE DEPARTMENT

OF HEALTH TO WRITE THE REGULATIONS.

MR. ASHBY: BUT UNDER THE SERVICE --

MS. ROSENTHAL: I -- I DON'T THINK -- I DON'T THINK

YOU NEED TO -- TO FEAR. WE JUST WANT TO PROVIDE MORE OPTIONS, BOTH FOR

HEALTHCARE PROVIDERS AND FOR PATIENTS TO GET THE HELP THEY NEED. SO

MOST PEOPLE MIGHT PREFER TO DO EITHER AUDIO AND VIDEO OR GO IN PERSON.

BUT SOME MAY NOT HAVE THE -- EITHER THE COMPUTER TO DO VIDEO OR WANTS

TO DO IT AUDIO. AND THERE'S CERTAIN THINGS THAT YOU CAN ACCOMPLISH

THROUGH AUDIO-ONLY OR VIDEO-ONLY OR AUDIO/VIDEO WITHOUT GOING TO THE

OFFICE. AND DOCTORS NOW WHO'VE BEEN SO OVER BURDENED, AND NURSES,

HAVE SAID THEY CAN CHECK IN ON THEIR PATIENTS ON THE PHONE, AND IT'S

ONLY HELPFUL. IT IS NOT A REPLACEMENT, IT IS ANOTHER OPTION.

MR. ASHBY: I DON'T -- I DISAGREE WITH THAT,

RESPECTFULLY --

MS. ROSENTHAL: OKAY.

MR. ASHBY: -- THAT IT COULD BE LESS THAN HELPFUL IF

THE PERSON, IF THE PATIENT, DOES NOT HAVE THE OPTION. SO, SOMEONE

WHO'S IN A NURSING HOME, FOR EXAMPLE, MAY NOT HAVE THE OPTION OF

HAVING VISUAL OR IN-PERSON CORRESPONDENCE WITH -- WITH THE ATTENDING

PHYSICIAN IF THEY'RE CHOOSING TO JUST DO AUDIO. WHICH MAY BE THE CASE

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BECAUSE MANY NURSING HOMES DO NOT HAVE ATTENDING PHYSICIANS ON SITE.

MANY OF THEM COME IN, UNFORTUNATELY, SOMETIMES ONLY ON A WEEKLY

BASIS TO ROUND. SO THIS IS A VERY LIKELY THING THAT COULD HAPPEN AMONG

THAT POPULATION. AND DURING THIS TIME RIGHT NOW I JUST -- I -- I HAVE

SOME REAL CONCERNS WITH THAT.

MY NEXT QUESTION --

MS. ROSENTHAL: YOU KNOW, LET ME -- LET ME JUST

RESPOND. THE WHOLE ISSUE OF NURSING HOMES IS CLEARLY A MORASS THAT

WE NEED TO INVESTIGATE AND CREATE BETTER REGULATIONS AROUND. HOWEVER

MR. ASHBY: THIS IS A PERFECT OPPORTUNITY.

MS. ROSENTHAL: WELL, YOU DON'T HAVE TO VOTE FOR

THE BILL. BUT PROVIDERS ARE NOT REQUIRED TO BE INVOLVED IN THIS. IF YOU,

AS A PROVIDER, DO NOT WANT TO ENGAGE WITH YOUR CLIENTS ON THE PHONE,

THEN YOU DON'T HAVE TO.

MR. ASHBY: AGAIN, I UNDERSTAND THAT. BUT MY

CONCERN IS WITH THE PATIENT ON THIS.

THE NEXT QUESTION. AS FAR AS PRESCRIPTIONS GO, WOULD

PHYSICIANS BE ABLE TO PRESCRIBE MEDICATION VIA AUDIO -- AUDIO-ONLY

TELEHEALTH?

MS. ROSENTHAL: I BELIEVE THEY WOULD IF THE

DEPARTMENT OF HEALTH AUTHORIZES IT. YOU KNOW, THIS IS DONE ALL THE

TIME. HOW MANY -- HOW MANY INSTANCES OF PATIENTS CALLING THEIR

DOCTOR SAYING, I HAVE A FEVER AND I HAVE A SORE THROAT. THIS IS

PRE-COVID. THE DOCTOR PHONES IN THE PRESCRIPTION. AND THIS HAS

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HAPPENED FOR AGES AND AGES. SO THIS IS NO DIFFERENT.

MR. ASHBY: WELL, THERE HAVE BEEN -- THERE ARE

SOME DIFFERENCES THAT HAS BEEN EXPANDED ON PRETTY RAPIDLY IN THE LAST

COUPLE MONTHS. SO, YES, TELEMEDICINE HAS BEEN AROUND FOR SOME TIME,

BUT AUDIO-ONLY, WE ARE SEEING LARGE-SCALE EXPANSIONS OF THAT.

MS. ROSENTHAL: I THINK -- I THINK YOU HAVE TO

LOOK AT PEOPLE WHO ARE LOW-INCOME AND CANNOT AFFORD ANYTHING MORE

THAN A FLIP PHONE OR BORROWING A PHONE FROM AN ACQUAINTANCE.

MR. ASHBY: I -- I AM --

MS. ROSENTHAL: NOT EVERYONE HAS ACCESS TO A

COMPUTER, AND WE WANT TO MAKE SURE THAT THOSE PEOPLE OF LOW INCOME,

LOW MEANS, NO ACCESS TO ANYTHING BENEFICIAL, ALSO CAN HAVE GOOD

HEALTHCARE.

MR. ASHBY: I -- I -- I AM CONSIDERING THEM, AS I

STATED BEFORE, AND HOPING THAT THEY HAVE A BETTER OPTION THAN

AUDIO-ONLY, BUT SOME MAY NOT. SO THAT'S WHY -- THAT'S WHY WE'RE --

WE'RE TRYING TO GET TO THE CRUX OF -- OF THAT ISSUE. IT'S MY -- IT'S MY

UNDERSTANDING THAT PHYSICIANS CAN PRESCRIBE WITH THIS, AND IT'S ALSO MY

UNDERSTANDING - TO THE CREDIT OF THE FEDERAL GOVERNMENT - THAT IN ORDER

FOR THEM TO PRESCRIBE NARCOTICS - IN LIGHT OF THE OPIATE CRISIS, I KNOW

THAT MANY REGIONS AROUND THE STATE HAVE SEE AN INFLUX IN OVERDOSES -

THAT IT WOULD REQUIRE TWO-WAY TELEHEALTH IN ORDER FOR THAT TO HAPPEN.

SO IT WOULD REQUIRE AUDIO AND VISUAL.

MS. ROSENTHAL: I DON'T BELIEVE THAT'S TRUE.

MR. ASHBY: UNDER DEA CURRENT GUIDANCE, I

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BELIEVE IT IS. AT LEAST I HOPE SO.

MS. ROSENTHAL: NOT UNDER -- NOT UNDER THE

WAIVER. IT'S A WAIVER NOW.

MR. ASHBY: SO THEY -- SO THEY COULD --

MS. ROSENTHAL: THEY WAIVE --

MR. ASHBY: SO A PHYSICIAN COULD PRESCRIBE --

MS. ROSENTHAL: THEY WAIVED THE IN-PERSON --

MR. ASHBY: -- AN OPIATE WITHOUT TWO-WAY

TELEHEALTH? THEY COULD PRESCRIBE AN OPIATE WITH AUDIO ONLY?

MS. ROSENTHAL: YES. THE FIRST PRESCRIPTION FOR

CERTAIN MEDICATIONS, LIKE MEDICATION-ASSISTED TREATMENT, LIKE

BUPRENORPHINE - WHICH IS MEANT TO LIMIT THE CRAVINGS AND ACTUALLY TAKE

PEOPLE OFF DRUGS LIKE HEROIN - IS ALLOWED TO BE PRESCRIBED AUDIO ONLY.

NOT IN PERSON. ACTUALLY, IT'S VIDEO/AUDIO, BUT IT'S NOT IN PERSON.

MR. ASHBY: THANK YOU, MS. ROSENTHAL.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ASHBY: I THINK BASED OFF OF THE DISCUSSION THAT

WE WERE ABLE TO HAVE, AND I'M GRATEFUL THAT WE WERE ABLE TO DO THAT,

THROUGH WHAT WOULD BE, YOU KNOW, SEEMINGLY VIRTUAL DIALOGUE, MUCH

LIKE THAT WE'RE TALKING ABOUT, YOU KNOW, RIGHT NOW. AGAIN, IT'S NOT THE

PREFERRED METHOD, RIGHT, AND IT'S NOT NECESSARILY AS GOOD OF A QUALITY AS

HAVING EVERYBODY HERE. SO I WOULD ASK MY COLLEAGUES TO CONSIDER

THAT. YOU KNOW, ARE WE PREPARED TO BE LOWERING -- PERHAPS

PERMANENTLY LOWERING THE STANDARD OF CARE WITH TELEHEALTH. GIVEN ALL

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-- GIVEN ALL OF ITS -- ALL ITS POSITIVES THROUGH THIS CONVERSATION I -- I

REALLY THINK THERE ARE SOME GRAVE CONCERNS HERE, ESPECIALLY IN DEALING

WITH OUR MOST VULNERABLE POPULATIONS, AND GIVEN THE INFORMATION THAT'S

COME TO LIGHT FOR PRESCRIBING OPIATES AND THE MANY OVERDOSES THAT

WE'VE SEEN ACROSS THE STATE.

FOR THOSE REASONS, I WILL BE VOTING IN THE NEGATIVE. I

ENCOURAGE ALL OF MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MS. BICHOTTE.

ONE MINUTE, PLEASE.

MS. BICHOTTE: SURE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL. I'M

SORRY.

MS. ROSENTHAL: SOME OF THE COMMENTS MADE BY

-- MADE BY MY COLLEAGUE WHO SPOKE EARLIER, THERE ARE MORE OVERDOSES

NOW IN ALL PARTS OF THIS STATE. AND PART OF THE REASON IS BECAUSE PEOPLE

ARE NOT GAINING ACCESS TO MEDICATION-ASSISTED TREATMENT WHICH STOPS

THEM FROM OVERDOSING BECAUSE THEY DON'T USE HEROIN THAT WAY. THEY

USE DRUGS THAT STYMIE THE CRAVINGS AND KEEP PEOPLE STABLE. SO I THINK

THEY'RE MISINTERPRETING AN OPIOID PRESCRIPTION. CERTAINLY, DOCTORS ARE

NOT HANDING OUT OPIOID PRESCRIPTIONS TO PEOPLE THEY DON'T KNOW FOR

REASONS THAT THEY'RE NOT FAMILIAR WITH, FIRST OF ALL. SECONDLY, THIS WOULD

NOT LET THE PHYSICIAN OFF THE HOOK FOR PROVIDING PROPER CARE. IF PROPER

CARE IS IN PERSON AND THE PATIENT IS NOT COMFORTABLE WITH AUDIO, THEN

THEY DON'T HAVE TO USE AUDIO. AND NOTHING IN THIS BILL REQUIRES THEM TO

WORK VIA AUDIO ONLY. THIS IS -- THIS BILL JUST AUTHORIZES. IT DOES NOT

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MANDATE THE DEPARTMENT OF HEALTH. CMS WOULD ALL WEIGH IN. AND AS

PER ALL OF OUR LAWS, WE DON'T SET OUT THE REGULATIONS. THE REGULATIONS

ARE SET BY DEPARTMENTS. AND I WOULDN'T EVEN DEIGN TO THINK THAT I

COULD WRITE THOSE REGULATIONS. I DON'T THINK ANY OF MY COLLEAGUES

WOULD, EITHER. SO WHAT WE'RE TRYING TO DO IS EXPAND ACCESS TO

HEALTHCARE TO PEOPLE WHO ARE INDIGENT, PEOPLE WHO HAVE NEEDS THAT --

THAT THEY CAN'T MEET IN OTHER WAYS. AND MEDICINE IS CHANGING. AND

THIS IS JUST -- THIS IS THE WAVE OF THE FUTURE. THAT IS WHY THE FEDERAL

GOVERNMENT WAIVED IN-PERSON INDUCTION OF BUPRENORPHINE, FOR

EXAMPLE, AND OTHER PRESCRIPTIONS AND OTHER GUIDANCE THAT PATIENTS

NEED. LOOK AT IT AS A WAY FOR PEOPLE TO GAIN TREATMENT WHEN THEY HAVE

NO OTHER OPTIONS. THEY WILL GO AUDIO ONLY. AND OBVIOUSLY, A DOCTOR

WHO SAYS THAT THEY CAN OPERATE OR THEY CAN DO WHATEVER SPECIALITY THEY

MAY HAVE AUDIO-ONLY, THEN THERE'S SOMETHING WRONG WITH THAT DOCTOR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

ASSEMBLY BILL A10404-A, THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO RECORD IT AS AN EXCEPTION TO THEIR CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE WILL BE VOTING NO. THOSE MEMBERS WHO WISH

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TO VOTE YES SHOULD IMMEDIATELY CONTACT THE MINORITY LEADER'S OFFICE

AND ADVISE THEM OTHERWISE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: REPUBLICAN

CONFERENCE VOTES NO.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE

ON THIS PIECE OF LEGISLATION. WE WANT TO COMMEND THE SPONSOR FOR

INTRODUCING IT. AND IF ANYONE WOULD LIKE TO VOTE NO, THEY SHOULD

PLEASE COME TO THE CHAMBERS TO CAST THEIR VOTE AND/OR GIVE US A CALL.

OTHERWISE THIS IS A PARTY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MAJORITY CONFERENCE

VOTES IN THE AFFIRMATIVE.

(THE CLERK RECORDED THE VOTE.)

MS. BICHOTTE TO EXPLAIN HER VOTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER. THANK

YOU, MR. SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. THIS BILL

WOULD EXPAND TELEHEALTH SERVICES TO ALLOW AUDIO-ONLY AND VIDEO-ONLY

COMMUNICATIONS AND ALLOW SUCH SERVICES TO BE ELIGIBLE FOR

REIMBURSEMENT. I'D JUST LIKE TO SAY THAT IN RESPONSE TO COVID-19, THE

MEDICAL FIELD HAS HAD TO EVOLVE QUICKLY TO MEET THE NEEDS OF PATIENTS

IN AN ERA WHERE SOCIAL DISTANCING IS REQUIRED, AND IN-PERSON VISITS ARE

NOT ALWAYS ADVISABLE. AND IN MANY CASES, MANY PEOPLE IN THE

HARDEST-HIT AREAS DO NOT HAVE ACCESS TO VIDEO-ENABLED DEVICES. PEOPLE

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NYS ASSEMBLY MAY 27, 2020

WITHOUT IPADS OR SMARTPHONES CANNOT TALK TO A DOCTOR. PEOPLE IN MY

COMMUNITY HAVE LOST THEIR JOBS, AND MANY OF THEM CANNOT EVEN AFFORD

A SMARTPHONE OR AN APPLE DEVICE. THEY CAN'T EVEN REALLY AFFORD TO PUT

FOOD ON THE TABLE. YOU KNOW, ONE EXAMPLE IS MY MOTHER. MY MOTHER

WHO IS ELDERLY, SHE IS 82 YEARS OLD. SHE HAS HEART CONDITIONS, SHE HAS

ARTHRITIS, SHE IS -- ENGLISH AS HER SECOND LANGUAGE, IS HER SECOND

LANGUAGE. AND THE DOCTOR CALLED ME, HER CARDIOLOGIST CALLED ME AND

SAID, HEY, WE WANT TO DO THIS VIDEO THING, AND IT WAS JUST DIFFICULT. WE

COULDN'T DO IT. I WAS HERE, SHE WAS THERE. HER HOME HEALTH AIDE COULD

NOT DO IT. SO WE RESORTED TO AUDIO. AND GUESS WHAT? IT WORKED. IT

WORKED WITH HER FLIP PHONE. AND HER DOCTOR WAS ABLE TO PRESCRIBE THE

MEDICATION THAT SHE NEEDED. SHE NEEDED THIS MEDICATION. SO THE IRONY

IS THAT THIS COMMUNITY, IN PARTICULAR IN BROOKLYN, THAT NEED ACCESS TO

DOCTORS THE MOST, THEY ARE THE PEOPLE WHO -- MANY ARE ESSENTIAL

WORKERS, MANY WHO GOT SICK, MANY WHO WERE TURNED AWAY FROM

HOSPITALS BECAUSE THE HOSPITALS WERE OVERCROWDED REALLY NEED THIS.

AND AS OUR -- THE SPONSOR OF THE BILL MENTIONED, WE'RE CHANGING THE

WAYS OF DOING EVERYTHING, AND TELEHEALTH IS -- IS ONE WAY.

I WILL -- I'M HAPPY TO VOTE IN THE AFFIRMATIVE. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MS. WOERNER TO EXPLAIN HER VOTE.

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

ALLOWING ME TO EXPLAIN MY VOTE. WE -- I THINK WE RECOGNIZE THAT IN

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THE FACE OF THIS PANDEMIC THE MEDICAL COMMUNITY HAS STEPPED UP AND

-- AND ADAPTED AS THEY NEEDED TO TO PROVIDE SERVICES AND TREATMENT TO

THEIR PATIENTS. AND TELEHEALTH -- TELEHEALTH AND TELEHEALTH TECHNOLOGIES

HAS CERTAINLY BECOME AN INTEGRAL PART OF HOW HEALTHCARE SERVICES ARE

DELIVERED. AND I AM SUPPORTIVE OF THIS BILL BECAUSE IN -- AS SOMEBODY

WHO REPRESENTS COMMUNITIES WHERE BROADBAND IS STILL SADLY LACKING,

AUDIO-ONLY BECOMES ONE OF THE ONLY OPTIONS. BUT I FEEL COMPELLED TO

RAISE THE CONCERN THAT THE PRIVATE INSURANCE PLANS, UNLIKE MEDICAID AND

MEDICARE, CHOOSE TO REIMBURSE TELEHEALTH SERVICES AT A FAR LESSER RATE

THAN REGULAR OFFICE VISITS. SO TO -- TO THE EXTENT THAT OUR HEALTHCARE

DELIVERY SYSTEM IS SHIFTING TO EMBRACE MORE TELEHEALTH SERVICES, THIS

WILL PUT OUR PROVIDERS AT RISK, PARTICULARLY OUR PRIMARY CARE PROVIDERS

IN SMALLER RURAL COMMUNITIES. AND I WOULD ENCOURAGE MY COLLEAGUES

TO WORK WITH ME TO EMBRACE A PAYMENT PARITY STATUTE THAT OTHER STATES

HAVE ADOPTED TO ENSURE THAT PRIVATE INSURERS REIMBURSE TELEHEALTH

SERVICES AT THE SAME RATE, JUST THE SAME WAY THAT THE CMS HAS DONE

THAT FOR MEDICARE AND THAT WE DO IT WITHIN THE STATE FOR MEDICAID

PATIENTS.

THANK YOU, MR. SPEAKER, AND WITH THAT I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MR. BYRNE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I WANT TO

THANK MY COLLEAGUES FROM BOTH CONFERENCES FOR SPEAKING ON THIS BILL. I

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NYS ASSEMBLY MAY 27, 2020

UNDERSTAND THE CONCERNS THAT WERE RAISED. I THINK THEY'RE LEGITIMATE.

IT'S GOOD TO GET EVERYTHING ON THE RECORD AND -- AND TALK THESE THINGS

THROUGH. I AM GOING TO SUPPORT THE BILL, AND I JUST WANT TO BRIEFLY

EXPLAIN WHY. I DO NOT BELIEVE THAT TELEMEDICINE IS A REPLACEMENT FOR

IN-PERSON VISITS. I --I THINK THAT'S AN IMPORTANT POINT AND I THINK THAT IS

LARGELY UNDERSTOOD FROM THE COMMENTS I HEARD THIS EVENING. HOWEVER,

WE TALKED ABOUT HOW WE'RE GOING TO INCREASE ACCESS TO CARE FOR PEOPLE

WHO NEED IT, WHETHER IT'S LOW-INCOME OR SENIORS WHO JUST DON'T HAVE

THE ABILITY TO DO -- YOU KNOW, HAVE A SMARTPHONE OR THEY MAY JUST BE

LIMITED IN -- IN HOW THEY CAN COMMUTE TO THE DOCTOR'S. RIGHT NOW WITH

THE PANDEMIC AND COVID-19, I CAN TELL YOU I HAVE A LOT OF CONCERNS

FROM SPEAKING TO FOLKS IN THE MEDICAL COMMUNITY BECAUSE THEIR

PATIENTS ARE NOT GOING TO THE DOCTORS AS THEY SHOULD. WE STILL HAVE

ISSUES RIGHT NOW BECAUSE OF THE RESTRICTIONS FROM COVID-19 AND THE

DISASTER DECLARATION WITH DENTISTS AND ORTHODONTICS, WHERE PEOPLE ARE

STILL GOING WITHOUT HAVING THEIR DAILY CHECKUPS. AND UNLESS IT'S AN

EMERGENCY THEY'RE NOT ABLE TO SEE THEIR DENTIST OR THEIR ORTHODONTIST.

SO WHAT THEY ARE DOING - AND I KNOW THIS PERSONALLY BECAUSE I'VE HAD

TO DO THIS AS I'VE HAD TO GET SOME WORK DONE - THEY DO TELEMEDICINE TO

THE EXTENT WHERE YOU CAN TAKE A PICTURE AND YOU SEND IT. BUT THAT ONLY

GETS YOU SO FAR. AND IT GETS TO A POINT WHERE, YOU KNOW, IT'S STILL GONNA

BE HARMFUL. THEY NEED TO GET THAT IN-PERSON VISIT. AND I THINK THAT'S

ALWAYS GOING TO BE THE CASE. SO I DO HOPE THAT, YOU KNOW, OUR STATE

DOES OPEN UP FOR DENTISTS BECAUSE THEY'RE RESPONSIBLE FOLKS. I KNOW

MY COLLEAGUE ASSEMBLYWOMAN NICOLE MALLIOTAKIS HAS PUSHED AN

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NYS ASSEMBLY MAY 27, 2020

EFFORT FOR THAT. BUT TELEHEALTH IS A GOOD THING. IT JUST, TO ME, IT'S

OPTIONS. WE'RE NOT FORCING PROVIDERS TO DO ONE THING OR THE OTHER. BUT

IF WE DO HAVE PATIENTS THAT DO NOT KNOW HOW TO USE A SMARTPHONE, THEY

MAY BE ABILITY-IMPAIRED. IT'S A GOOD OPTION, SO I WILL BE VOTING YES.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BYRNE IN THE

AFFIRMATIVE.

MR. MOSLEY TO EXPLAIN HIS VOTE.

MR. MOSLEY: THANK YOU, MR. SPEAKER, FOR THIS

OPPORTUNITY. ALTHOUGH I EMBRACE TECHNOLOGY AND -- AND ALL OF ITS

ADVANCEMENTS, LIKE SOME OF MY COLLEAGUES HAVE SAID, YOU KNOW, I DO

-- DO SO WITH TREPIDATION. THIS PANDEMIC, IT ONLY HIGHLIGHTED SOME OF

THE MANY -- THE MANY INEQUITIES WE HAVE IN OUR SOCIETY, AND I HOPE

THAT AS WE ADVANCE WITH TECHNOLOGY ON THESE VIRTUAL VISITATIONS BY OUR

PHYSICIANS THAT WE TAKE INTO ACCOUNT THAT WE DON'T WANT TO LEAVE

BEHIND OUR SENIORS, WE DON'T WANT TO LEAVE BEHIND THE POOR, WE DON'T

WANT TO LEAVE BEHIND THOSE WHO LIVE IN OUR RURAL COMMUNITIES BECAUSE

THOSE ARE THE INDIVIDUALS THAT NEED IT THE MOST, WHILE AT THE SAME TIME

WE UNDERSTAND THAT THEY DON'T HAVE THE TOOLS OR THEY LACK THE VERY TOOLS

TO NECESSITATE SUCH ADVANCEMENT.

SO I SUPPORT THIS PIECE OF LEGISLATION, BUT I HOPE THAT

WE JUST DON'T LOOK AT THIS IN THE -- IN A VACUUM, THAT EVERYONE HAS THE

ACCESS, EVERYONE HAS THE SAME TOOLS, EVERYONE HAS THE SAME

ACCESSIBILITY TO THIS SERVICE, AND HAVE A LEVEL OF SENSITIVITY TO MAKE

SURE THAT THOSE WHO WE KNOW OR CAN ANTICIPATE WILL HAVE THE HARDEST

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NYS ASSEMBLY MAY 27, 2020

TIME GETTING THIS TYPE OF SERVICE ARE PROVIDED THE RESOURCES TO DO SO.

AND I PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MOSLEY IN THE

AFFIRMATIVE.

MS. MELISSA MILLER TO EXPLAIN HER VOTE.

MS. MILLER: CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: YES.

MS. MILLER: THANK YOU. I ALSO WANT TO EXPLAIN MY

VOTE. I -- I HAD PLENTY OF QUESTIONS ABOUT THIS BILL IN THE HEALTH

COMMITTEE YESTERDAY, BECAUSE WE HAVE OVER THE PAST FEW MONTHS HAVE

HAD PLENTY OF EXPERIENCE WITH TELEHEALTH VISITS, SOME OF WHICH WERE --

WERE WITH VIDEO AND WE COULDN'T EVEN GET THE VIDEO TO WORK SO IT

WOUND UP BEING BASICALLY AUDIO ONLY. AND I THINK THAT IT -- IT COULD

WORK, AND I THINK THAT IT ALSO DEMONSTRATED THE LIMITATIONS. BUT TO

THOSE WHO DON'T HAVE ANY OTHER ACCESS, IF THEY LIVE IN A VERY RURAL AREA

AND THEY DON'T HAVE INTERNET OR THEY CAN'T FIGURE OUT THE VIDEO. LIKE I

KNOW MY MOM WITH ALZHEIMER'S IS NOT GOING TO BE ABLE TO FIGURE OUT,

YOU KNOW, HOW TO GET ON A -- A VIDEO TELECONFERENCE. SO I THINK IT

PROVIDES ACCESS FOR EVERYBODY, AS KEVIN BYRNE SAID, IF THERE ARE

OPTIONS. IF IT'S THEIR CHOICE. MY FEAR IS THAT A PHYSICIAN MAY SAY THEY

ONLY DO AUDIO VISITS. THEY DON'T OFFER THE OPTIONS OF EITHER DOING IT

WITH VIDEO OR AN IN-PERSON VISIT. AND THERE -- LIKE AS HAS BEEN

DISCUSSED, THERE ARE MANY, MANY THINGS THAT YOU SIMPLY CAN'T DO OVER

THE PHONE. YOU CANNOT DO PHYSICAL THERAPY. YOU CAN'T ASSESS

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NYS ASSEMBLY MAY 27, 2020

SOMEBODY'S RESPIRATIONS OR HOW THEIR LUNG SOUNDS ARE THROUGH THE --

THE TELEPHONE CALL. AND I WOULD HAVE FAITH THAT THE DEPARTMENT OF

HEALTH AND THE COMMISSIONER AND THE PROVIDERS THEMSELVES WOULD

CHOOSE WHICH, YOU KNOW, SPECIALTIES JUST THIS DOES NOT APPLY TO.

SO HAVING FAITH IN THAT AND BEING ABLE TO PROVIDE

ACCESS TO EVERYBODY THAT REALLY NEEDS IT, I WILL BE VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. MILLER IN THE

AFFIRMATIVE.

MS. LINDA ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. MAYBE SOME OF US ARE TOO YOUNG. HOWEVER, IN THE

PAST, THE WAY PEOPLE SAW DOCTORS WAS WHEN THE DOCTOR CAME TO THEIR

HOME. IT WAS ALL HOME VISITS, BASICALLY. AND WHAT DO WE HAVE NOW?

WE HAVE PEOPLE GOING TO THE DOCTOR'S OFFICE, PEOPLE SEEING THEIR

DOCTORS THROUGH VIDEO, AND ALSO PEOPLE SPEAKING TO THEIR DOCTORS ON

THE PHONE. THE INTENT OF THIS LEGISLATION IS TO PROVIDE THAT OPTION WHEN

CLINICALLY APPROPRIATE. IT IS A DECISION THE PATIENT WOULD MAKE AND THE

HEALTHCARE PROVIDER. I THINK ANY HEALTHCARE PROVIDER WHO SAID THAT

THEY WERE ONLY AVAILABLE BY AUDIO WOULD SOON HAVE NO PATIENTS. AND

THIS IS AN ATTEMPT TO MEET THE FUTURE, AS HAVE 34 OTHER STATES, TO ALLOW

THE WIDEST ACCESS TO PEOPLE WHO NEED MEDICAL ATTENTION. AND THAT IS

WHY DURING COVID-19 THE FEDERAL CMS, CENTERS FOR MEDICAID AND

MEDICARE SERVICES, AUTHORIZED AUDIO-ONLY TELEHEALTH SERVICES. IN THE

MIDST OF A PANDEMIC, AUDIO HAS PROBABLY BEEN A LIFESAVER FOR PEOPLE.

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NYS ASSEMBLY MAY 27, 2020

AND IT IS NOT SOMETHING WE SHOULD ABANDON BECAUSE IT'S NEW. WE

HAVE TO PUT SOME FAITH IN THE GOVERNMENT THAT THEY WILL WRITE

APPROPRIATE REGULATIONS, THAT HEALTHCARE PROVIDERS WILL FOLLOW THEM,

AND THAT WE'LL ALL LIVE HAPPILY EVER AFTER.

AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MR. TAGUE TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. MANY OF

YOU KNOW I COME FROM A VERY RURAL AREA, AND ONE OF THE THINGS THAT'S

VERY NEAR AND DEAR TO MY HEART IS SCHOOL-BASED HEALTHCARE. AND I'M

VERY CONCERNED WITH OUR SCHOOLS BEING OUT SINCE THE END OF FEBRUARY

OR EARLY MARCH THAT SOME OF THESE CHILDREN, THE ONLY HEALTHCARE THEY

GET FROM NOW UNTIL THEY GET LATER IN THEIR LIFE IS SCHOOL-BASED

HEALTHCARE. AND I'M GOING TO SUPPORT THIS BILL, AND I WANT TO THANK THE

SPONSOR. AND SHE'S PROBABLY SCRATCHING HER HEAD RIGHT NOW THAT I'M

SUPPORTING ONE OF HER BILLS, BUT I THINK THIS IS A -- I THINK THIS IS A GOOD

ONE. AND ESPECIALLY WITH THE COVID-19 SITUATION, I WANT TO MAKE

SURE THAT ALL OUR CHILDREN IN RURAL NEW YORK, RURAL UPSTATE NEW YORK

HAVE AN OPPORTUNITY TO HEALTHCARE, AND I THINK RIGHT NOW THIS MAY BE

THE BEST WAY.

SO I WILL BE IN THE AFFIRMATIVE, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

AFFIRMATIVE.

MR. GOODELL.

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NYS ASSEMBLY MAY 27, 2020

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO MR.

TAGUE, THE FOLLOWING MEMBERS WILL BE VOTING IN THE AFFIRMATIVE: MR.

RA, MR. SCHMITT, MR. NORRIS, MS. MILLER, MR. MORINELLO, MR. FRIEND,

MR. WALCZYK, MS. MALLIOTAKIS, MR. BRABENEC, MR. SMITH, MR.

MANKTELOW, MR. KOLB, MR. BYRNE, MR. LIPETRI, MR. PALUMBO, MR.

REILLY, MR. DESTEFANO, MR. FITZPATRICK, MR. BLANKENBUSH AND MR.

PALMESANO. MR. SALKA, MS. BYRNES, MR. HAWLEY, MR. GIGLIO, MR.

MILLER, MR. STEC. AND I BELIEVE THAT'S IT, SIR. YOU HAVE MR.

MANKTELOW. MR. MIKULIN SHOULD BE YES AS WELL.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 6, RULES REPORT NO. 39.

THE CLERK: SENATE NO. S08236-A, RULES REPORT

NO. 39, SENATOR GAUGHRAN (ASSEMBLY NO. A10409-A, RULES REPORT

NO. 39, MCDONALD, OTIS, BUTTENSCHON, ORTIZ, JACOBSON, DENDEKKER,

BLAKE). AN ACT RELATING TO AUTHORIZING LOCAL GOVERNMENTS TO EXTEND

BUILDING PERMITS AND LOCAL ZONING BOARDS OF APPEALS AND LOCAL

PLANNING BOARDS ACTIVE APPROVALS FOR A PERIOD OF UP TO 120 DAYS; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. MCDONALD.

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NYS ASSEMBLY MAY 27, 2020

MR. MCDONALD: THANK YOU, MR. SPEAKER. THIS

LEGISLATION ALLOWS LOCAL GOVERNMENTS AT THEIR OPTION TO EXTEND THE

EXPIRATION DATE OF BUILDING PERMITS, ZONING PERMITS, PLANNING BOARD

PERMITS UP TO AN ADDITIONAL 120 DAYS FROM THE DATE ORIGINALLY ISSUED.

ACTING SPEAKER AUBRY: MR. GARBARINO.

MR. GARBARINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

MCDONALD?

MR. MCDONALD: YES, SIR.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GARBARINO: THANK YOU. MR. MCDONALD,

JUST A QUICK -- COUPLE OF QUICK QUESTIONS. YOU SAID IT'S AN EXTENSION

FROM 100 -- 120 DAYS EXTENSION FROM THE, NOT THE GRANT, BUT THE

EXPIRATION DATE? SO, IF A BUILDING PERMIT WAS TO EXPIRE ON MARCH 15TH,

THEY WOULD BE -- IF THE TOWN DID THIS, IT -- THEY WOULD GET AN EXTENSION

FOR FOUR MONTHS FROM THE 15TH?

MR. MCDONALD: FROM THE 15TH OF THE ORIGINAL

EXPIRATION DATE.

MR. GARBARINO: SO, IT'S WHATEVER -- WHENEVER

THAT INDIVIDUAL PERMIT EXPIRED, THEY GET 120 DAYS.

MR. MCDONALD: YES.

MR. GARBARINO: OKAY. SO, THAT'S -- THAT'S GREAT

FOR BUILDING PERMITS. I THINK THIS IS A -- A VERY GOOD IDEA BECAUSE, YOU

KNOW, DURING THE SHUTDOWN YOU HAVE A LOT OF CONSTRUCTION, EVERYTHING

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NYS ASSEMBLY MAY 27, 2020

WAS SHUT DOWN. PEOPLE WHO HAD PERMITS, THEY PAID THEIR PERMIT FEES --

MR. MCDONALD: MM-HMM.

MR. GARBARINO: -- AND THEY COULDN'T CONTINUE

THAT WORK. I THINK THIS IS GREAT BECAUSE, YOU KNOW, A LOT OF THEM, THE

PERMITS WOULD HAVE EXPIRED, THEY WOULD HAVE TO HAVE PAID -- EXPIRED

-- EXPIRATION FEES JUST TO RENEW THE PERMIT.

I DO HAVE A CONCERN, THOUGH, ABOUT THE LOCAL ZONING --

THE GRANTED EXTENSION OF A LOCAL ZONING BOARD. I KNOW THERE'S CASE LAW

NOW THAT SAYS THAT ONCE A TOWN OR A VILLAGE HAS CREATED A BOARD OF

APPEALS --

MR. MCDONALD: MM-HMM.

MR. GARBARINO: -- THAT THE -- THE TOWN BOARD OR

THE VILLAGE NO LONGER RETAINS POWER TO GRANT VARIANCES, IT'S NOW

DELEGATED TO THAT BOARD OF APPEALS. CURRENTLY, I -- I DO PRACTICE SOME

LAND USE LAW AND -- AND WHEN I'VE HAD TO GET VARIANCES APPROVED AND

THEN EXTENDED, I'VE ALWAYS HAD TO GO BACK TO THE BOARD OF APPEALS.

MR. MCDONALD: MM-HMM.

MR. GARBARINO: THIS -- FROM -- FROM THE WAY

THIS IS WRITTEN, IT SAYS LOCAL GOVERNMENTS CAN, BY ONE RESOLUTION, EXTEND

THESE GRANTS UP TO 120 DAYS. IS THERE A REASON, OR MAYBE IT'S JUST THE

WAY I -- I'M READING IT, THAT THE TOWN BOARD NOW HAS THE POWER TO

EXTEND THESE BOARD OF -- THESE VARIANCES WHEN THE BOARD OF APPEALS

WAS -- ORIGINALLY GRANTED THEM?

MR. MCDONALD: YEAH, SO, YOU RAISE A GOOD

POINT, YOU KNOW, THE -- THE ZONING BOARD OBVIOUSLY WENT THROUGH

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DELIBERATIONS AND MADE THE DECISION, WE'RE GOING TO GRANT THIS APPEAL.

AN ARGUMENT CAN BE MADE THAT THE ZONING BOARD IS A CREATION OF A LOCAL

GOVERNMENT, THEREFORE THE TOWN BOARD WOULD HAVE THE AUTHORITY TO

EXTEND IT. BECAUSE IT'S MORE, REALLY, AN ADMINISTRATIVE PROCESS. THIS

ISN'T REALLY JUDGING THE PROJECT AGAIN BASED ON WHETHER IT'S RIGHT, WRONG

OR INDIFFERENT. THE BOTTOM LINE IS, THE ZONING BOARD DID ITS APPROPRIATE

DELIBERATIONS, THE PUBLIC HAD ITS OPPORTUNITY TO DISCUSS THE PROJECT, THE

ZONING BOARD TOOK ALL THE FACTORS INTO ACCOUNT AND MADE A DECISION,

WE'RE APPROVING THIS PROJECT. ALL WE'RE DOING IS EXTENDING IT ANOTHER

120 ADDITIONAL DAYS.

I UNDERSTAND WHAT YOU'RE SAYING BECAUSE THERE

APPEARS TO BE SOME CASE LAW - AND YOU PRACTICE LAW, I PRACTICE

MEDICINE, SO I'LL DEFER TO YOU ON THAT - WHERE, YOU KNOW, IF SOME JUDGE

WANTS TO TAKE A TIGHT LOOK AT THE LANGUAGE, THEY WOULD BE SAYING, WELL,

NO, THE TOWN BOARD CAN'T EXTEND IT -- BECAUSE THE TOWN BOARD'S NOT

GRANTING ANY MORE, THEY'RE JUST EXTENDING WHAT WAS GRANTED BY THE

ZONING BOARD OF APPEALS. I CAN SEE WHERE, AS LAWYERS LIKE TO DO, THEY

LOOK VERY CLOSELY AT THESE THINGS AND DISSECT THEM. YOU KNOW, I GUESS

MY ONLY COMMENT TO THAT WOULD BE IS THAT, YOU KNOW, IF THERE'S A

CONCERN ABOUT THAT AT THE LOCAL LEVEL -- AND, ONCE AGAIN, THIS LOCAL

GOVERNMENT DOESN'T HAVE TO DO THIS. THIS IS SOMETHING THEY WOULD

ELECT TO DO --

MR. GARBARINO: MM-HMM.

MR. MCDONALD: -- BY RESOLUTION. THEY MAY

WANT TO DO IT CONCURRENTLY WITH THE ZONING BOARD JUST TO MAKE SURE TO

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NYS ASSEMBLY MAY 27, 2020

COVER IT. BECAUSE I -- THE INTENT HERE IS NOT TO GO BACK AND REVISIT THESE

PROJECTS THAT HAVE BEEN APPROVED.

MR. GARBARINO: IT'S JUST TO GIVE THE EXTENSION.

MR. MCDONALD: YES.

MR. GARBARINO: SO, IT -- SO IT WOULD -- THERE'S

NOTHING IN THIS LAW THAT WOULD PROHIBIT, INSTEAD OF THE TOWN BOARD FROM

GRANTING THE EXTENSION OF THE VARIANCES, COULD INSTEAD THE BOARD OF

APPEALS TAKE UP A MOTION EXTENDING THEM ITSELF? DOING THEM ALL OR --

MR. MCDONALD: THE INTENTION WAS REALLY FOR THE

-- THE TOWN BOARD TO DO THAT. REMEMBER, THE ZONING BOARD OF APPEALS

ARE USUALLY CREATED BECAUSE THE TOWN BOARD AT SOME POINT THEY HAVE --

THE MOTHERS AND THE FATHERS OF THE TOWN BOARD DECIDED, WE WANT A

ZONING BOARD TO DEAL WITH THIS, NOT THE TOWN BOARD. THE -- IN --

MR. GARBARINO: A LOT OF UNPOPULAR DECISIONS,

THEY DIDN'T WANT TO MAKE THEM.

MR. MCDONALD: THEY -- WELL, IT IS WHAT IT IS,

RIGHT?

MR. GARBARINO: YEAH, EXACTLY.

MR. MCDONALD: WE HAVE A LOT OF TOWNS OUT THERE

AND THERE'S A LOT OF DIFFERENT --

MR. GARBARINO: YEAH.

MR. MCDONALD: -- DIFFERENT WAYS OF ADDRESSING

THESE ISSUES. BUT THE REALITY IS, THE ZONING BOARD IS A CREATION OF THE

TOWN BOARD. THIS IS, IN MY PERSPECTIVE, AN ADMINISTRATIVE ACTION. IT'S

JUST EXTENDING A PERMIT. I THINK THERE'S COMFORT IN KNOWING A TOWN

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NYS ASSEMBLY MAY 27, 2020

BOARD WOULD HAVE THAT AUTHORITY. AND THERE'S NOTHING WRONG WITH THE

TOWN SUPERVISOR AND THE BOARD SAYING, WE'D LIKE TO HAVE A CONCURRENT

RESOLUTION FROM THE ZBA TO GIVE US THE EXTRA POTENTIAL.

BUT, QUITE HONESTLY, THIS CAME TO US THROUGH THE

CONFERENCE OF MAYORS BECAUSE THERE'S ALWAYS BEEN THIS THOUGHT THEY

COULD DO THIS, BUT LET'S FACE IT, WE WANT TO GET PEOPLE BACK TO WORK, WE

WANT TO GET THE ECONOMY ROCKING AND ROLLING AGAIN, AND WE DON'T WANT

TO HAVE TO GO BACK AND GET CAUGHT UP IN A TECHNICALITY SAYING, NO, THAT

PERMIT EXPIRED. NO, WE WANT PEOPLE TO GET BACK TO WORK AND DO

THINGS.

MR. GARBARINO: NO, I AGREE. I THINK THIS IS A

GREAT BILL, I JUST WANTED TO MAKE SURE BECAUSE, LIKE YOU SAID, I DON'T

WANT A TECHNICALITY ALL OF A SUDDEN --

MR. MCDONALD: YEP.

MR. GARBARINO: -- SOMEBODY IS SUING LATER ON

AND SAYING, OH, THE TOWN BOARD DIDN'T HAVE THIS AUTHORITY, IT HAD TO GO

BACK TO THE BOARD OF APPEALS, BUT I THINK WE'VE -- YOU'VE CLEARED THAT

UP. THIS IS BY STATUTE WE'RE -- WE'RE GIVING THE POWER TO THE TOWN

BOARD --

MR. MCDONALD: YEP.

MR. GARBARINO: SO THAT -- AUTHORIZING THE TOWN

BOARD TO DO THIS. SO, I -- I APPRECIATE YOUR ANSWERS AND I APPRECIATE

THIS BILL, THANK YOU VERY MUCH, I'LL BE SUPPORTING IT --

MR. MCDONALD: THANK YOU.

MR. GARBARINO: -- AND ENCOURAGE MY COLLEAGUES

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TO DO THE SAME.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE

RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(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, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE, MRS.

PEOPLES-STOKES, WE HAVE BOTH. ON A MOTION -- JUST HOUSEKEEPING.

ON A MOTION BY MS. WEINSTEIN, PAGE 38, CALENDAR

NO. 248, BILL NO. A06909-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. SIMOTAS, PAGE 9, CALENDAR NO.

40, BILL NO. A00794-D, AMENDMENTS ARE RECEIVED AND ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I WANT TO

THANK THE MEMBERS FROM BOTH SIDES OF THE AISLE, AS WELL AS THE STAFF FOR

THIS EXTRAORDINARY FIRST REMOTE SESSION THAT WE HAVE COMPLETED HERE

TONIGHT. AND I WANT TO CALL TO FOLKS' ATTENTION THAT WE WILL BE BACK

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NYS ASSEMBLY MAY 27, 2020

TOMORROW AND THERE ARE GOING TO BE COMMITTEE MEETINGS. SO, THE --

HOUSING IS GOING TO START AT 9:30; WAYS AND MEANS AT 10:00 AND RULES

WILL BE AT 10:30. SESSION WILL BE AT 12:00 NOON. IF WE CAN ALL BE

PREPARED IN REMOTE SESSION TO GO RIGHT THROUGH OUR PROCESS, MUCH AS

WE DID TODAY, WE WILL COMPLETE OUR WORK FOR THE WEEK.

MR. SPEAKER, WITH THAT ON -- NOW I MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, MAY THE 28TH, AND THAT WE

RECONVENE AT 12:00 NOON FOR SESSION.

ACTING SPEAKER AUBRY: THE HOUSE STANDS

ADJOURNED. SOME THINGS REMAIN THE SAME.

(WHEREUPON, AT 11:25 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, MAY 28TH AT 12:00 P.M., THURSDAY BEING A

SESSION DAY.)

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